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2021 06 15 CouncilCITY COUNCIL AGENDA Page 1 of 8 JUNE 15, 2021 CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBER 78495 Calle Tampico, La Quinta REGULAR MEETING ON TUESDAY, JUNE 15, 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 15, 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/92585509793 Meeting ID: 925 8550 9793 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/92585509793 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). CONFIRMATION OF AGENDA CITY COUNCIL AGENDA Page 3 of 8 JUNE 15, 2021 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 LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6; CITY DESIGNATED REPRESENTATIVE: CHRIS ESCOBEDO, DIRECTOR OF COMMUNITY RESOURCES, AND EMPLOYEE ORGANIZATION: LA QUINTA CITY EMPLOYEES’ ASSOCIATION, AND UNREPRESENTED EMPLOYEES (VARIOUS POSITIONS IN ALL CITY DEPARTMENTS) RECESS TO CLOSED SESSION OPEN HOUSING AUTHORITY MEETING AT 3:00 P.M. RECESS TO CLOSED SESSION RECONVENE AT 4:00 P.M. FOR REPORT OUT ON ACTION(S) TAKEN IN CLOSED SESSION; AND RECESS TO CONDUCT REGULAR CITY COUNCIL MEETING RECONVENE AT 4:00 P.M. REPORT ON ACTION(S) TAKEN IN CLOSED SESSION PLEDGE OF ALLEGIANCE PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA At this time, members of the public may address the City Council on any matter not listed on the agenda 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/92585509793 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 CITY COUNCIL AGENDA Page 4 of 8 JUNE 15, 2021 on the agenda unless it is an emergency item authorized by Government Code § 54954.2(b). ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS 1. INTRODUCE RIVERSIDE COUNTY FIRE DEPARTMENT EASTERN DESERT DIVISION CHIEF BRYAN WHITE 2.PRESENTATION BY KATIE BARROWS, DIRECTOR OF ENVIRONMENTAL RESOURCES AT COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS, RELATED TO THE STATUS AND UPDATE OF THE PIGHORN SHEEP FENCE PROJECT 3. UPDATE BY IMPERIAL IRRIGATION DISTRICT BOARD VICE PRESIDENT JB HAMBY REGARDING FORMATION OF THE COACHELLA VALLEY ENERGY COMMISSION APPROVED BY BOARD RESOLUTION NO. 25-2021 ON JUNE 1, 2021 CONSENT CALENDAR NOTE: Consent Calendar items are routine in nature and can be approved by one motion. PAGE 1. APPROVE MEETING MINUTES OF JUNE 1, 2021 9 2. ADOPT ORDINANCE NO. 595 AMENDING CHAPTER 3.25 OF THE LA QUINTA MUNICIPAL CODE RELATED TO CERTAIN RENEWAL APPLICATIONS FOR SHORT-TERM VACATION RENTAL PERMITS 21 3.APPROVE DEMAND REGISTERS DATED MAY 28 AND JUNE 4, 2021 47 4. ADOPT RESOLUTION APPROVING FINAL TRACT MAP NO. 37730 AND ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT FOR MONTAGE RESIDENCES, A RESIDENTIAL DEVELOPMENT LOCATED WITHIN THE SILVERROCK RESORT IN THE SOUTHWEST CORNER OF JEFFERSON STREET AND AVENUE 52 [RESOLUTION NO. 2021-021] 69 5. APPROVE CHANGE ORDER NO. 1 TO AGREEMENT FOR CONTRACT SERVICES WITH SPOHN RANCH, INC FOR X-PARK DESIGN/BUILD SERVICES PROJECT NO. 2015-09 93 6. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH DESERT RECREATION DISTRICT FOR MANAGEMENT AND OPERATIONS OF THE FRITZ BURNS POOL FOR FISCAL YEAR 2021/22 99 7. APPROVE AMENDMENT NO. 1 TO SOLUTIONS MAINTENANCE AGREEMENT WITH SUPERION, LLC TO PROVIDE HOSTING AND 133 CITY COUNCIL AGENDA Page 5 of 8 JUNE 15, 2021 MAINTENANCE SERVICES FOR THE CITY’S PERMITTING SOFTWARE (TRAKiT) 8. APPROVE AGREEMENT WITH THE COUNTY OF RIVERSIDE FOR ANIMAL SHELTER, FIELD AND LICENSING SERVICES FOR FISCAL YEAR 2021/22 151 9. ADOPT RESOLUTION TO APPROVE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA QUINTA AND THE LA QUINTA EMPLOYEES’ ASSOCIATION THROUGH FISCAL YEAR 2021/22 [RESOLUTION NO. 2021-022] 185 10. ADOPT RESOLUTION TO APPROVE SALARY SCHEDULE AND BENEFIT PLAN FOR NON-REPRESENTED EMPLOYEES, NON-REPRESENTED MANAGEMENT, AND CONFIDENTIAL EMPLOYEES [RESOLUTION NO. 2021-023] 199 BUSINESS SESSION PAGE 1.APPROVE CANCELLING THE REGULAR CITY COUNCIL MEETINGS OF JULY 6, AUGUST 17, AND SEPTEMBER 7, 2021 209 2. APPROVE MEMORANDUM OF UNDERSTANDING WITH GREATER COACHELLA VALLEY CHAMBER OF COMMERCE FOR FISCAL YEAR 2021/22 TO SUPPORT BUSINESS DEVELOPMENT, RETENTION, AND TOURISM 211 PUBLIC HEARINGS – after 5:00 p.m. For all Public Hearings on the agenda, a completed “Request to Speak” form must be filed with the City Clerk prior to consideration of that item. A person may submit written comments to City Council before a public hearing or speak in-person or via teleconference accessibility in support or opposition to the approval of a project(s). If you challenge a project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City at, or prior to the public hearing. PAGE 1. ADOPT RESOLUTION TO APPROVE FISCAL YEAR 2021/22 THROUGH 2025/26 CAPITAL IMPROVEMENT PROGRAM [RESOLUTION NO. 2021-024] 219 2. ADOPT RESOLUTION TO CONFIRM THE ASSESSMENT AND DISTRICT DIAGRAM FOR FISCAL YEAR 2021/22 LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 [RESOLUTION NO. 2021-025] 233 CITY COUNCIL AGENDA Page 6 of 8 JUNE 15, 2021 BUSINESS SESSION – Continued PAGE 3. ADOPT RESOLUTION TO APPROVE FISCAL YEAR 2021/22 BUDGET AND ESTABLISH THE CITY’S APPROPRIATION LIMIT [RESOLUTION NO. 2021-026] 261 STUDY SESSION PAGE 1. DISCUSS HIGHWAY BRIDGE PROGRAM FUNDING CONSTRAINTS ASSOCIATED WITH THE DUNE PALMS ROAD BRIDGE PROJECT NO. 2011-05 279 2. SILVERROCK RESORT DEVELOPMENT PROJECT UPDATE AND DEVELOPER PROGRESS TO CURE DEFAULT 299 DEPARTMENTAL REPORTS 1. CITY MANAGER 2. CITY ATTORNEY 3. CITY CLERK 4. COMMUNITY RESOURCES 5. DESIGN AND DEVELOPMENT – JANUARY – MARCH 2021 QUARTERLY REPORT 301 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) 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) CITY COUNCIL AGENDA Page 7 of 8 JUNE 15, 2021 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. FINANCIAL ADVISORY COMMISSION MEETING MINUTES DATED MAY 12, 2021 307 ADJOURNMENT ********************************* The next regular meeting of the City Council will be held on July 6, 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 June 11, 2021. DATED: June 11, 2021 MONIKA RADEVA, City Clerk City of La Quinta, California CITY COUNCIL AGENDA Page 8 of 8 JUNE 15, 2021 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. Public Notices CITY COUNCIL MINUTES Page 1 of 12 JUNE 1, 2021   CITY COUNCIL MINUTES TUESDAY, JUNE 1, 2021 CALL TO ORDER A regular meeting of the La Quinta City Council was called to order at 3:00 p.m. by Mayor Evans. This meeting provided teleconferencing accessibility 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.). PRESENT: Councilmembers Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans ABSENT: None STAFF PRESENT: City Manager McMillen, City Attorney Ihrke, City Clerk Radeva, Deputy City Clerk Romane, Assistant to the City Manager Villalpando, Community Resources Director Escobedo, Code Compliance/Animal Control Supervisor Meredith, Public Safety Manager Mendez, La Quinta Fire Chief Fish, Community Resources Manager Calderon, Management Specialist Kinley, Public Works Director/City Engineer McKinney, Interim Finance Director Martinez, Financial Services Analyst Hallick, Design and Development Director Castro. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None CONFIRMATION OF AGENDA Councilmember Fitzpatrick requested to pull Consent Calendar Item No. 12 for a separate vote; and said she will recuse herself and abstain from discussion and vote on this item due to a potential conflict of interest stemming from the proximity of her real property to the project location. Mayor Evans said she would like to comment on Consent Calendar Item No. 5. Council concurred. CLOSED SESSION 1. THREAT TO PUBLIC SERVICES OR FACILITIES, PURSUANT TO SUBDIVISION (a) OF GOVERNMENT CODE SECTION 54957. CONSENT CALENDAR ITEM NO. 1 9 CITY COUNCIL MINUTES Page 2 of 12 JUNE 1, 2021   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 COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:02 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:07 P.M. WITH ALL MEMBERS PRESENT REPORT ON ACTION(S) TAKEN IN CLOSED SESSION: Mayor Evans said Council will reconvene back to Closed Session to consider CLOSED SESSION ITEM NO. 2 after the open session portion of the meeting is concluded. City Attorney Ihrke reported the following pursuant to Government Code section 54950 et seq. (Brown Act):  CLOSED SESSION ITEM NO. 1 – no reportable action; and  CLOSED SESSION ITEM NO. 3 – no reportable action. PLEDGE OF ALLEGIANCE Councilmember Fitzpatrick led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA PUBLIC SPEAKER IN-PERSON: Alena Callimanis, La Quinta – spoke of the drought in California state, and more particularly in La Quinta; said the water assessment for the proposed The Wave project (Coral Mountain Surf Park) was completed in 2019 by MSA Consulting, Inc. and there are some significant issues with the estimated evaporation levels; noted the developer’s existing Kelly Slater Surf Ranch Lemoore park, also in California, utilized existing bodies of water as it was originally an abandoned water skiing park, and did not utilize drinking 10 CITY COUNCIL MINUTES Page 3 of 12 JUNE 1, 2021   water as The Wave project would; provided as a comparison the WADI Adventure park in the desert in the United Arab Emirates; spoke of the anticipated water shortage of the Colorado River supply; said golf courses can reduce water usage by reducing or stopping watering and using recycled water, where a surf park cannot reduce water usage; and encouraged the City’s leadership not to ignore the anticipated drought, to support preservation of drinking water, and noted that a surf park is not an appropriate development under the current conditions. City Clerk Radeva said WRITTEN PUBLIC COMMENTS were received in support of short-term vacation rentals (STVRs) and lifting the moratorium on new STVR permits by the following citizens, listed in alphabetical order, which were distributed to Council, made publicly available, and were included in the public record and agenda packet of the meeting:  Cynthia Appolito (La Quinta);  Josh Eldridge (La Quinta); and  Gary Jones (La Quinta). ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS – None CONSENT CALENDAR 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 11 CITY COUNCIL MINUTES Page 4 of 12 JUNE 1, 2021   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 8. APPROVE AMENDMENT NO. 2 TO AGREEMENT FOR CONTRACT SERVICES WITH ERIC NELSON DBA RASA FOR ON-CALL MAP CHECKING SERVICES 9. APPROVE AMENDMENT NO. 3 TO AGREEMENT FOR CONTRACT SERVICES WITH MERCHANTS BUILDING MAINTENANCE, LLC FOR CITYWIDE JANITORIAL SERVICES 10. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH JOE A. GONSALVES & SON FOR GOVERNMENT RELATIONS AND LOBBYIST SERVICES 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 12. pulled for a separate vote by Councilmember Fitzpatrick >>> AWARD CONTRACT TO ONYX PAVING COMPANY, INC. FOR THE MONROE STREET PAVEMENT REHABILITATION PROJECT NO. 2020-01 13. ACCEPT WASHINGTON STREET PAVEMENT REHABILITATION PROJECT NO. 2020-04, LOCATED ON WASHINGTON STREET FROM CALLE TAMPICO TO SAGEBRUSH AVENUE 14. APPROVE DEMAND REGISTERS DATED MAY 14 AND 21, 2021 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 12 CITY COUNCIL MINUTES Page 5 of 12 JUNE 1, 2021   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 MOTION – A motion was made and seconded by Councilmembers Peña/Radi to approve Consent Calendar Item Nos. 1-11 and 13-16 as recommended, with Item Nos. 1, 2, and 3 adopting Resolution Nos. 2021-017, 2021-018, and 2021- 019, respectively, and Item No. 4 adopting Ordinance No. 594. Motion passed unanimously. CONSENT CALENDAR ITEM NO. 5 Council thanked Landmark Golf Management for the reduction in management fees of the SilverRock golf course and flexibility in operations during fiscal year 2020/21 due to the COVID-19 pandemic, and commended the team’s efforts, professionalism, collaboration with the City, and excellent customer service despite the pandemic and ongoing construction of the SilverRock project. CONSENT CALENDAR ITEM NO. 12 COUNCILMEMBER FITZPATRICK RECUSED HERSELF AND SAID SHE WILL ABSTAIN FROM DISCUSSION AND VOTE ON THIS ITEM DUE TO A POTENTIAL CONFLICT OF INTEREST STEMMING FROM THE PROXIMITY OF HER REAL PROPERTY TO THE PROJECT LOCATION MOTION – A motion was made and seconded by Councilmembers Peña/Radi to approve Consent Calendar Item No. 12 as recommended. Motion passed: ayes – 4, noes – 0, abstain – 1 (Fitzpatrick). BUSINESS SESSION 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 Public Safety Manager Mendez presented the staff report, which is on file in the Clerk’s Office. Council discussed that Emergency Management Department (EMD) service fees were no longer included in the agreement with Riverside County Fire Department (RCFD) for fire services, and inquired about prior years’ EMD fees and services. 13 CITY COUNCIL MINUTES Page 6 of 12 JUNE 1, 2021   RCFD La Quinta Fire Chief Fish explained that EMD services were once incorporated into the county’s former Office of Emergency Services (OES) fire services, which has since been separated into a distinct EMD services entity; initially EMD related services remained in the fire services agreement as the RCFD was the mechanism for collecting EMD pass-through fees from member agencies, which were now being removed effective fiscal year 2021/22; other cities are also being charged EMD service fees; RCFD is not able to provide details as to what EMD services consist of; and if the City elects to contract for EMD services, a separate contract would need to be executed directly with EMD. Council directed staff to determine whether EMD has provided services to the City and if related fees have been played. Chief Fish said there was a minor dispute with the vendor constructing the new fire ladder truck, which has been resolved; construction of the truck is moving forward, and delivery is anticipated for June 2022; and the remodel and revitalization of Fire Station No. 70 is moving along, and operations are currently stationed at Fire Station No. 32, however, RCFD responds with the closest unit available, regardless of boundaries. Chief Fish thanked the Council and the City for the long-standing contractual collaboration; Council thanked RCFD for the exemplary service provided to the community and for the RCFD’s collaboration with the City on the fire services study. MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Sanchez to: 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 a Cooperative Agreement between the Cities of Indio, La Quinta, Coachella, and the County of Riverside to share the cost of a ladder truck company; and authorize the City Manager to execute the agreement. Motion passed unanimously. 2. APPROVE THIRD ROUND COMMUNITY SERVICES GRANTS FOR FISCAL YEAR 2020/21 Community Resources Manager Calderon presented the staff report, which is on file in the Clerk’s Office. 14 CITY COUNCIL MINUTES Page 7 of 12 JUNE 1, 2021   Council discussed that the Warrior One Camp is held in La Quinta, and the grant funding provided by the City would be applied primarily to any La Quinta residents, and second to other Coachella Valley residents. PUBLIC SPEAKER VIA TELECONFERENCE: Alfred Rivera, President of Warrior One Camp LQ – said the camp program has been operating at the Fritz Burns community park in La Quinta since 2013; recently became a non-profit organization; the majority of student athletes participants are La Quinta residents; all participants in the current high-school camp session are La Quinta residents; the organization services the entire Coachella Valley; the program provides kids with quality athletic training at affordable costs, promotes physical fitness, and gives them the support and assistant needed to improve their skills and help them advance both academically and athletically; and explained the recent expansion of the camp program due to COVID-19. Council discussed other park facilities in the City that might be better suited to accommodate the organization; and recruitment efforts include social media, newsletters through the school districts, banners throughout the Coachella Valley, and collaboration with other youth organizations, such as PDLQ, to help create an awareness of the program. PUBLIC SPEAKER IN-PERSON: Bobbie Gold, Center Director with Gold RiteCare Childhood Language Center – thanked Council for their support; said services are provided free of charge to the community; the cost of the program is approximately $112 per child for a weekly one-hour, one-on-one session with a therapist, while a parent is also present so they can aid the children with their speech assignments following the session; and the organization plans on re- opening for in-person sessions as of July 1, 2021. Council reached a consensus to increase the proposed $1,500 of grant funding to $5,000. PUBLIC SPEAKER IN-PERSON: Jason Gayler, President of the La Quinta High School Blackhawk Brigade Boosters – thanked Council for their support; and said the grant funding will be used to purchase needed equipment for the band and to replace the golf cart batteries, used to pull the equipment. MOTION – A motion was made and seconded by Councilmembers Peña/Fitzpatrick to approve the third round Community Services Grants for a total of $20,000 for fiscal year 2020/21 as follows:  Big Brothers Big Sisters of the Desert $5,000  Gold RiteCare Childhood Language Center $5,000  La Quinta High School Blackhawk Brigade $5,000  Warrior One Camp $5,000 Motion passed unanimously. 15 CITY COUNCIL MINUTES Page 8 of 12 JUNE 1, 2021   3. APPROVE 2021 LEGISLATIVE POLICY GUIDE UPDATES Management Specialist Kinley presented the staff report, which is on file in the Clerk’s Office. Council discussed the City’s collaboration with the League of California Cities (League) on legislation, in addition to the services provided by the City’s legislative services consultant Joe A. Gonsalves and Son. Staff noted that the League is copied on all correspondence issued by the City. Assistant to the City Manager Villalpando said the Imperial Irrigation District Board of Directors, at their 1 p.m. meeting today, approved Consent Calendar Item No. 14 on their agenda, and adopted Resolution No. 25-2021 related to Action to Protect Water Rights from State Legislative Actions and Address Coachella Valley Concerns. Council directed staff to coordinate with Assembly Member Chad Mayes on next steps regarding this matter. MOTION – A motion was made and seconded by Councilmembers Peña/Radi to approve the Legislative Policy Guide updates and authorize the Mayor, one Councilmember, and the City Manager to issue letters within the scope of these policies. Motion passed unanimously. 4. APPROVE SILVERROCK RESORT 2021/22 ANNUAL PLAN (Plan) Public Works Director/City Engineer McKinney presented the staff report, which is on file in the Clerk’s Office. Council discussed the operational assumption in the proposed fiscal year 2021/22 Plan is a bit conservative. PUBLIC SPEAKER IN-PERSON: Randy Duncan, General Manager with Landmark Golf Management, LLC for SilverRock golf course – said the Plan was prepared in April and assumptions related to resuming operational activities were conservative due to current COVID-19 restrictions, which are anticipated to be lifted on June 15, 2021 in anticipation of the release of updated safety guidelines; residents are primarily requesting individual golf carts while playing golf; family members are allowed to share a golf cart; the Plan projects a 5% reduction in operational activity due to the anticipated construction of the SilverRock project; the increase in annual operational costs is due to state mandated increase in minimum wage, increased cost associated with water, seeding, and fuel, and the resuming of the 2% Capital Reserve; loss of golf events due to the ongoing construction; challenges with acquiring maintenance and front line work-force; outreach efforts to local youth, and youths of 17 years of age or younger qualify for junior golfer rates; resident golf play has been 16 CITY COUNCIL MINUTES Page 9 of 12 JUNE 1, 2021   strong; residents can obtain their resident card at the Ahmanson Clubhouse; and hours of operations for the summer months due to the heat, begin at the end of June through the beginning of September, the last T-time would be at 12 noon and will close at 2 p.m. Council thanked Landmark Golf Management for the exceptional customer service and golf operations provided to the community; and expressed general support for subsidizing the services for the La Quinta community. Mr. Duncan thanked the Council and the City for the long-standing collaboration and support. Council requested to receive a copy of the resident play statistics provided by Mr. Duncan during his presentation. MOTION – A motion was made and seconded by Councilmembers Peña/Radi to approve the SilverRock Resort 2021/22 Annual Plan as submitted. Motion passed unanimously. 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] City Clerk Radeva presented the staff report, which is on file in the Clerk’s Office. MOTION – A motion was made and seconded by Councilmembers Peña/Radi to take up Ordinance No. 595 by title and number only and waive further reading. Motion passed unanimously. City Clerk Radeva read the following title of Ordinance No. 595 into the record: 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 MOTION – A motion was made and seconded by Councilmembers Peña/Radi to introduce at first reading Ordinance No. 595 to amend Chapter 3.25 of the La Quinta Municipal Code related to Short-Term Vacation Rentals. Motion passed unanimously. STUDY SESSION 1. DISCUSS FISCAL YEAR 2021/22 PRELIMINARY PROPOSED BUDGET 17 CITY COUNCIL MINUTES Page 10 of 12 JUNE 1, 2021   Interim Finance Director Martinez presented the staff report, which is on file in the Clerk’s Office. Council discussed the cost increase for Fritz Burns pool operations and programming by Desert Recreation District. Financial Services Analyst Hallick said the City has not made any payments to RCFD EMD since Senior Emergency Management Coordinator Johnston was hired directly by the City and these services are now being provided internally. Council commended staff for their hard work, professionalism, and the services they provide to Council and the community; said they were pleased with the proposed budget; and asked that staff continued to inform the community through social media that budget discussions are on-going and community input is encouraged. Council directed staff to explore options to repair the road to Lake Cahuilla in collaboration with other agencies, prior to potential upcoming events. Council expressed general approval of the proposed FY 2021/22 budget. 2. SILVERROCK RESORT DEVELOPMENT PROJECT UPDATE AND DEVELOPER PROGRESS TO CURE DEFAULT SilverRock Development Company President and CEO Robert Green presented the staff report, which is on file in the Clerk’s Office, and provided a detailed presentation on the project’s sequence of activities onsite for 1) Montage Hotel and Spa, 2) Montage Residences, 3) Conference and Share Services Building, 4) Golf Clubhouse, 5) Pendry Residences, and 6) Pendry Hotel. Mr. Green announced that Bruce Maize has joined the SilverRock project; Mr. Maize also serves as the Chief Operating Officer with the Rilington Group since July 1, 2018. Mr. Green spoke of the ongoing capital investments; and undergoing discussions with City Manager McMillen and City Attorney Ihrke regarding Amendment No. 4 to the Purchase, Sale and Development Agreement (PSDA). Council discussed the proposed project completion timeline of April 2023; clearing the Notice of Default to the PSDA was subject to securing the project’s funding; Montage’s continued interest in the project; and the timely review and approval process of project permits by staff. PUBLIC HEARINGS – None 18 CITY COUNCIL MINUTES Page 11 of 12 JUNE 1, 2021   DEPARTMENTAL REPORTS All reports are on file in the City Clerk’s Office. 4. COMMUNITY SERVICES DEPARTMENT – SHORT-TERM VACATION RENTAL FALSE COMPLAINTS Community Resources Director Escobedo presented the department report, which is on file in the Clerk’s Office. Council discussed staff will initiate community educational and informational efforts for 90-days, which will be followed by enforcement initiation efforts; enforcement efforts and costs associated with false complaints; limits for reporting parties to remain anonymous based on legal requirements and proceedings; and majority of reporting parties do provide contact information. MAYOR’S AND COUNCIL MEMBERS’ ITEMS Councilmember Peña said he will be attending the groundbreaking event for the CV Arena on June 2, 2021; expressed his condolences to the law enforcement community, friends and family, for the slaying of San Bernardino County Sheriff’s Sergeant Dominic Vaca; congratulated Phil Mickelson for claiming his sixth career major and winning the PGA Championship; and reported on his attendance at the Palms Country Club to commemorate veterans for their service during Memorial Day weekend by passing out meals. Councilmember Peña said he received email correspondence regarding potential safety concerns for cyclists navigating the roundabout at Jefferson Street and Avenue 52; and noted Public Works and Traffic staff are evaluating the existing conditions to determine whether improvements are warranted and can be implemented. Mayor Evans reported on her and Mayor Pro Tem Radi’s attendance at the La Quinta High School graduation ceremonies. REPORTS AND INFORMATIONAL ITEMS La Quinta’s representative for 2021, Mayor Evans reported on her participation in the following organization’s meeting:  GREATER PALM SPRINGS CONVENTION AND VISITORS’ BUREAU La Quinta’s representative for 2021, Councilmember Fitzpatrick reported on her participation in the following organization’s meeting:  COACHELLA VALLEY MOUNTAINS CONSERVANCY 19 CITY COUNCIL MINUTES Page 12 of 12 JUNE 1, 2021   La Quinta’s representative for 2021, Mayor Pro Tem Radi reported on his participation in the following organization’s meeting:  SUNLINE TRANSIT AGENCY La Quinta’s representative for 2021, Councilmember Sanchez reported on his participation in the following organization’s meeting:  LEAGUE OF CALIFORNIA CITIES – LEGISLATIVE UPDATE CLOSED SESSION – Continued 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) COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 6:22 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 7:18 P.M. WITH ALL MEMBERS PRESENT REPORT ON ACTION(S) TAKEN IN CLOSED SESSION: City Attorney Ihrke said there was no reportable action taken for CLOSED SESSION ITEM NO. 2 pursuant to Government Code section 54950 et seq. (Brown Act): ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Fitzpatrick/Radi to adjourn at 7:18 p.m. Motion passed unanimously. Respectfully submitted, MONIKA RADEVA, City Clerk City of La Quinta, California 20 City of La Quinta CITY COUNCIL MEETING: June 15, 2021 STAFF REPORT AGENDA TITLE: ADOPT ORDINANCE NO. 595 AMENDING CHAPTER 3.25 OF THE LA QUINTA MUNICIPAL CODE RELATED TO CERTAIN RENEWAL APPLICATIONS FOR SHORT-TERM VACATION RENTAL PERMITS RECOMMENDATION Adopt Ordinance No. 595 on second reading. 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. CONSENT CALENDAR ITEM NO. 2 21 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 22 ORDINANCE NO. 595 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 rental 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 23 Ordinance No. 595 Amendments to Chapter 3.25 Short-Term Vacation Rentals Adopted: June 15, 2021 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 15th day of June, 2021 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ________________________ LINDA EVANS, Mayor City of La Quinta, California 24 Ordinance No. 595 Amendments to Chapter 3.25 Short-Term Vacation Rentals Adopted: June 15, 2021 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 25 Ordinance No. 595 Amendments to Chapter 3.25 Short-Term Vacation Rentals Adopted: June 15, 2021 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 26 Ordinance No. 595 Amendments to Chapter 3.25 Short-Term Vacation Rentals Adopted: June 15, 2021 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 27 Ordinance No. 595 Amendments to Chapter 3.25 Short-Term Vacation Rentals Adopted: June 15, 2021 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 thirty (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. 28 Ordinance No. 595 Amendments to Chapter 3.25 Short-Term Vacation Rentals Adopted: June 15, 2021 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 29 Ordinance No. 595 Amendments to Chapter 3.25 Short-Term Vacation Rentals Adopted: June 15, 2021 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. 30 Ordinance No. 595 Amendments to Chapter 3.25 Short-Term Vacation Rentals Adopted: June 15, 2021 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 , 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 of an 31 Ordinance No. 595 Amendments to Chapter 3.25 Short-Term Vacation Rentals Adopted: June 15, 2021 Page 10 of 24 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 32 Ordinance No. 595 Amendments to Chapter 3.25 Short-Term Vacation Rentals Adopted: June 15, 2021 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 33 Ordinance No. 595 Amendments to Chapter 3.25 Short-Term Vacation Rentals Adopted: June 15, 2021 Page 12 of 24 this chapter, including when the short-term vacation rental permit is under suspension during the time for processing the renewal application. 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 for renewal, 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; 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 34 Ordinance No. 595 Amendments to Chapter 3.25 Short-Term Vacation Rentals Adopted: June 15, 2021 Page 13 of 24 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. D. Short-term vacation rental permit applications shall comply with the following: 35 Ordinance No. 595 Amendments to Chapter 3.25 Short-Term Vacation Rentals Adopted: June 15, 2021 Page 14 of 24 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, 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 36 Ordinance No. 595 Amendments to Chapter 3.25 Short-Term Vacation Rentals Adopted: June 15, 2021 Page 15 of 24 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. 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 37 Ordinance No. 595 Amendments to Chapter 3.25 Short-Term Vacation Rentals Adopted: June 15, 2021 Page 16 of 24 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 7 14 14—20 8 16 16—22 38 Ordinance No. 595 Amendments to Chapter 3.25 Short-Term Vacation Rentals Adopted: June 15, 2021 Page 17 of 24 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; 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 39 Ordinance No. 595 Amendments to Chapter 3.25 Short-Term Vacation Rentals Adopted: June 15, 2021 Page 18 of 24 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- 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. 40 Ordinance No. 595 Amendments to Chapter 3.25 Short-Term Vacation Rentals Adopted: June 15, 2021 Page 19 of 24 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 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. 41 Ordinance No. 595 Amendments to Chapter 3.25 Short-Term Vacation Rentals Adopted: June 15, 2021 Page 20 of 24 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 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. 42 Ordinance No. 595 Amendments to Chapter 3.25 Short-Term Vacation Rentals Adopted: June 15, 2021 Page 21 of 24 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 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 43 Ordinance No. 595 Amendments to Chapter 3.25 Short-Term Vacation Rentals Adopted: June 15, 2021 Page 22 of 24 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. 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 44 Ordinance No. 595 Amendments to Chapter 3.25 Short-Term Vacation Rentals Adopted: June 15, 2021 Page 23 of 24 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) 45 Ordinance No. 595 Amendments to Chapter 3.25 Short-Term Vacation Rentals Adopted: June 15, 2021 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. 595 which was introduced at a regular meeting on the 1st day of June, 2021, and was adopted at a regular meeting held on the 15th day of June, 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 46 City of La Quinta CITY COUNCIL MEETING: June 15, 2021 STAFF REPORT AGENDA TITLE: APPROVE DEMAND REGISTERS DATED MAY 28 AND JUNE 4, 2021 RECOMMENDATION Approve demand registers dated May 28, and June 4, 2021. EXECUTIVE SUMMARY – None FISCAL IMPACT Demand of Cash: City 2,120,016.58$ Succes sor Agency of RDA 13,281.31$ Housing Authority 17,100.29$ 2,150,398.18$ BACKGROUND/ANALYSIS Routine bills and payroll must be paid between Council meetings. Attachment 1 details the weekly demand registers for May 28, and June 4, 2021. Warrants Issued: 204920-204976 639,005.96$ 204977-205029 719,789.79$ 205030 85,400.00$ Voids 121,796.34$ Wire Transfers 337,036.63$ Payroll Tax Transfers 46,123.08$ Payroll Check #37608 92.35$ Payroll Direct Deposit 201,154.03$ 2,150,398.18$ In the amounts listed above, four checks were voids and re-issued. Two checks were stale-dated, one check had a printing issue, and one was due to the vendor revising the original invoice. CONSENT CALENDAR ITEM NO. 3 47 The most significant expenditures on the demand registers are: Vendor Account Name Amount Purpose Convergint Techologies Construction 260,077.25$ Citywide Public Safety Camera System Office of Economic Development(1) Makerspace & Museum Operations 180,095.00$ Q2 & Q3 Management Service Contract Spohn Ranch Inc Construction 125,816.33$ X-Park Construction Alongi Ebenisterie ET GC Inc Buildings 85,400.00$ SRR Modular Building Upgrade & Interior Design Contract Coachella Valley Assoc of Government TUMF Payable to CVAG 73,920.00$ Apr 2021 TUMF FEES (1)Two payments were made to Riverside County Office of Economic Development/Business and Community Services. One on 05/28 and the other on 06/04, each for $90,047.50. Wire Transfers: Ten transfers totaled $337,037. Of this amount, $150,954 was to CalPERS, and $144,427 was to Landmark. (See Attachment 2 for a complete listing). Investment Transactions: Full details of investment transactions as well as total holdings are reported quarterly in the Treasurer’s Report. Transaction Issuer Type Par Value Settle Date Coupon Rate Maturity Private Bank & Trust CD 240,000$ 5/26/21 1.500% Purchase US Government Treasury 500,000$ 5/28/21 0.500% Purchase US Government Treasury 500,000$ 5/28/21 0.750% Maturity US Government Treasury 500,000$ 5/31/21 1.375% Purchase US Government Treasury 1,000,000$ 6/1/21 0.750% Prepared by: Jesse Batres, Account Technician Approved by: Rosemary Hallick, Financial Services Analyst Attachments:1. Demand Registers 2.Wire Transfers 48 6/7/2021 9:48:57 AM Page 1 of 7 Demand Register City of La Quinta Packet: APPKT02800 - 05/28/21 JB AmountVendor Name Payment Number Description (Item)Account Name Account Number Fund: 101 - GENERAL FUND 41.90Cable/Internet - Utilities05/16-06/15/21 - FS #70 CABLE (1860)204964TIME WARNER CABLE 101-2002-61400 90.03Cable/Internet - Utilities05/16-06/15/21 - FS #32 CABLE (8152)204964TIME WARNER CABLE 101-2002-61400 1,350.00Civic Center Lake Maintenance05/2021 - LAKE MAINTENANCE204955SOUTHWEST AQUATICS INC 101-3005-60117 1,833.97Marketing & Tourism Promoti…05/20/21 - FACE MASKS204948PALMS TO PINES PRINTING 101-3007-60461 1,888.25Marketing & Tourism Promoti…05/20/21 - COOLING TOWELS204948PALMS TO PINES PRINTING 101-3007-60461 2,000.00Land AcquisitionJOANNE MILLER QUITCLAIM DEED SETTL…204969VERSATILE COATINGS, INC 101-1007-74010 2,000.00Land AcquisitionROSS A LEE QUITCLAIM DEED SETTLEMENT204970VERSATILE COATINGS, INC 101-1007-74010 36,217.00MSHCP Mitigation Fee04/2021 - MSHCP FEES204925COACHELLA VALLEY CONSERV…101-0000-20310 -362.17CVMSHCP Admin Fee04/2021 - CVMSHCP ADMIN FEE204925COACHELLA VALLEY CONSERV…101-0000-43631 161.53Citywide Conf Room Supplies04/21/21 & 05/05/21 - CITY WIDE DRINKI…204956SPARKLETTS 101-1007-60403 1,980.00ConsultantsCAPITAL IMPROVEMENT PLAN204944NAI CONSULTING INC 101-7006-60104 700.00Professional Services07/01/20-06/30/21 - LQMC WEBSITE MAI…204950QUALITY CODE PUBLISHING 101-1005-60103 2,640.00Materials/Supplies05/21/21 - DOG WASTE STATIONS (12)204930DESERT CONCEPTS CONSTRUC…101-3005-60431 459.04Operating Supplies03/31/21 - DECALS 2022204962THE PRINTING PLACE 101-6006-60420 116.43Administration04/2021 - CLIENT ANALYSIS FEE (6342)204976WELLS FARGO BANKS 101-1006-60102 74.05Administration04/2021 - CLIENT ANALYSIS FEE (3478)204975WELLS FARGO BANKS 101-1006-60102 51,814.75Landscape Contract05/2021 - MONTHLY MAINTENANCE204971VINTAGE ASSOCIATES 101-3005-60112 484.95Tools/Equipment05/03/21 - TOOLS204943MOWERS PLUS INC 101-3005-60432 267.46Forms, Copier Paper05/14/21 - CITY WIDE COPY PAPER204957STAPLES ADVANTAGE 101-1007-60402 138.36Materials/Supplies05/05/21 - IRRIGATION SUPPLIES204954SMITH PIPE & SUPPLY CO 101-3005-60431 180.00Map/Plan Checking05/05/21 - LLA 2021-0004 ONCALL MAP C…204951RASA/ERIC NELSON 101-7002-60183 160.00Map/Plan Checking05/05/21 - LLA 2020-0001 ONCALL MAP C…204951RASA/ERIC NELSON 101-7002-60183 160.00Map/Plan Checking05/05/21 - LLA 2021-0005 ONCALL MAP C…204951RASA/ERIC NELSON 101-7002-60183 290.00Map/Plan Checking05/05/21 - LAD 2021-0001 ONCALL MAP …204951RASA/ERIC NELSON 101-7002-60183 360.00Map/Plan Checking05/11/21 - PM 2021-0001 ONCALL MAP C…204951RASA/ERIC NELSON 101-7002-60183 580.00Map/Plan Checking05/16/21 - FTM 2020-001 ONCALL MAP C…204951RASA/ERIC NELSON 101-7002-60183 2,740.50Materials/Supplies05/17/21 - WINDSCREEN INSTALLATION F…204927COURTMASTER SPORTS, INC.101-3005-60431 86.55Postage05/10/21 - OVERNIGHT MAIL204933FEDEX 101-1007-60470 316.00Maintenance/Services05/19/21 - LQ SKATE PARK LIGHTING MAI…204972VINTAGE E & S INC 101-3005-60691 40.31Postage05/13/21 - OVERNIGHT MAIL204933FEDEX 101-1007-60470 11,499.65Marketing & Tourism Promoti…04/2021 & 03/2021 INVOICES & 05/2021 …204940JNS MEDIA SPECIALISTS 101-3007-60461 35,947.30Marketing & Tourism Promoti…04/2021 & 03/2021 INVOICES & 05/2021 …204940JNS MEDIA SPECIALISTS 101-3007-60461 1,242.42Landscape Contract05/2021 - L&L MONTHLY MAINTENCE204949PWLC II, INC 101-2002-60112 52.47Mobile/Cell Phones/Satellites04/14-05/13/21 - EOC CELL SVC (7813)204968VERIZON WIRELESS 101-2002-61304 13.91Maintenance/Services04/19/21 - SUPPLIES FOF FS #32204942LOWE'S HOME IMPROVEMENT…101-2002-60691 9.78Materials/Supplies04/15/21 - SCREWS & SCREWDRIVER BIT204942LOWE'S HOME IMPROVEMENT…101-3005-60431 35.06Materials/Supplies04/15/21 - KNEE PADS & CONCRETE CRAC…204942LOWE'S HOME IMPROVEMENT…101-3005-60431 9.05Materials/Supplies04/08/21 - SPRAY PAINT204942LOWE'S HOME IMPROVEMENT…101-3005-60431 38.14Materials/Supplies04/08/21 - TROWEL & CONCRETE CRACK S…204942LOWE'S HOME IMPROVEMENT…101-3005-60431 41.71Materials/Supplies04/20/21 - MATERIALS204942LOWE'S HOME IMPROVEMENT…101-3005-60431 18.66Materials/Supplies03/29/21 - MASKING TAPE & BLADES204942LOWE'S HOME IMPROVEMENT…101-3005-60431 67.93Materials/Supplies04/19/21 - MATERIALS204942LOWE'S HOME IMPROVEMENT…101-3005-60431 93.35Materials/Supplies03/30/21 - CARGO BAR & LIQUID NAILS204942LOWE'S HOME IMPROVEMENT…101-3008-60431 92.85Materials/Supplies03/31/21 - ADHESIVE SPRAY204942LOWE'S HOME IMPROVEMENT…101-3008-60431 40.27Materials/Supplies04/15/21 - GARDEN HOSE & NOZZLE204942LOWE'S HOME IMPROVEMENT…101-3008-60431 80.81Tools/Equipment04/09/21 - TOOLS204942LOWE'S HOME IMPROVEMENT…101-3008-60432 86.75Operating Supplies04/15/21 - TOOLS204942LOWE'S HOME IMPROVEMENT…101-7003-60420 53.62Operating Supplies04/12/21 - MATERIALS204942LOWE'S HOME IMPROVEMENT…101-7003-60420 74.89Tools/Equipment04/07/21 - MATERIALS204942LOWE'S HOME IMPROVEMENT…101-7003-60432 41.28Tools/Equipment03/30/21 - SHOVELS204942LOWE'S HOME IMPROVEMENT…101-7003-60432 79.50Tools/Equipment04/13/21 - TOOLS204942LOWE'S HOME IMPROVEMENT…101-7003-60432 20.65Tools/Equipment04/12/21 - SMALL TOOLS204942LOWE'S HOME IMPROVEMENT…101-7003-60432 107.86Materials/Supplies05/17/21 - KEYS204961THE LOCK SHOP, INC 101-3008-60431 ATTACHMENT 1 49 Demand Register Packet: APPKT02800 - 05/28/21 JB 6/7/2021 9:48:57 AM Page 2 of 7 AmountVendor Name Payment Number Description (Item)Account Name Account Number 504.82Water - Utilities05/19/21 - WATER SERVICE204926COACHELLA VALLEY WATER DI…101-2002-61200 1,516.26Water -Monticello Park - Utiliti…05/19/21 - WATER SERVICE204926COACHELLA VALLEY WATER DI…101-3005-61201 134.08Water -Fritz Burns Park - Utiliti…05/19/21 - WATER SERVICE204926COACHELLA VALLEY WATER DI…101-3005-61204 19.05Water -Seasons Park - Utilities05/19/21 - WATER SERVICE204926COACHELLA VALLEY WATER DI…101-3005-61208 165.53Water -Community Park - Utilit…05/19/21 - WATER SERVICE204926COACHELLA VALLEY WATER DI…101-3005-61209 79.65Water - Utilities05/19/21 - WATER SERVICE204926COACHELLA VALLEY WATER DI…101-3008-61200 5,500.00Marketing & Tourism Promoti…05/19/21 - STUDENT ART CONTEST SPON…204959SUNLINE TRANSIT AGENCY 101-3007-60461 49.03Subscriptions & Publications06/2021 - WC NEWSPAPER204931DESERT SUN 101-3002-60352 2,208.00Attorney896549 - LQ ART FESTIVAL CANCELLATION204953RUTAN & TUCKER 101-1003-60153 672.00Attorney896550 - COVID-19204953RUTAN & TUCKER 101-1003-60153 136.59Attorney896543 - CODE ENFORCEMENT204953RUTAN & TUCKER 101-1003-60153 1,968.00Attorney896547 - DUNE PALMS ROW204953RUTAN & TUCKER 101-1003-60153 12,432.00Attorney896540 - GENERAL ACCOUNT204953RUTAN & TUCKER 101-1003-60153 312.00Attorney896541 - PERSONNEL GENERAL204953RUTAN & TUCKER 101-1003-60153 11,000.00Attorney896545 - RETAINER204953RUTAN & TUCKER 101-1003-60153 1,007.00Attorney896546 - SRR204953RUTAN & TUCKER 101-1003-60153 1,848.00Attorney/Litigation896551 - LQ ARTS FESTIVAL FEDERAL TRA…204953RUTAN & TUCKER 101-1003-60154 3,273.00Attorney/Litigation896542 - LITIGATION GENERAL204953RUTAN & TUCKER 101-1003-60154 750.00LQ Park Water Feature05/2021 - SPLASH PAD MONTHLY SERVICE204945OCEAN SPRINGS TECH INC 101-3005-60554 281.41Fritz Burns Pool Maintenance05/20/21 - FB POOL HEATER REPAIR204945OCEAN SPRINGS TECH INC 101-3005-60184 39.55PM 10 - Dust Control05/19/21 - WATER SERVICE204926COACHELLA VALLEY WATER DI…101-7006-60146 21.00Business Licenses05/19/21 - REFUND FOR BUSINESS LIC 76…204963THE SHARON ETHEL COLLINS L…101-0000-41600 47.00NPDES Inspections05/19/21 - REFUND OF FOOD ESTABLISH…204941LAS CARRETAS TACO SHOP 101-0000-43638 25.00Over Payments, AR Policy05/19/21 - REFUND OF LATE FEES LIC 010…204920ALL KNIGHT HTG AND AIR CO…101-0000-20330 15.00Over Payments, AR Policy05/19/21 - REFUND OF LATE FEES LIC 010…204929CROWN CASTLE USA INC 101-0000-20330 1,454.63Materials/Supplies05/18/21 - PLANT204971VINTAGE ASSOCIATES 101-3005-60431 173.85Mobile/Cell Phones/Satellites05/23-06/22/21 - EOC SATELLITE PHONES204952ROADPOST USA INC.101-2002-61304 Fund 101 - GENERAL FUND Total:204,189.27 Fund: 201 - GAS TAX FUND 33.98Traffic Control Signs05/12/21 - TRAFFIC CONTROL SIGNS204965TOPS' N BARRICADES INC 201-7003-60429 588.99Traffic Control Signs05/21/21 - TRAFFIC CONTROL SIGNS204965TOPS' N BARRICADES INC 201-7003-60429 85.80Traffic Control Signs05/21/21 - TRAFFIC CONTROL SIGNS204965TOPS' N BARRICADES INC 201-7003-60429 27,830.00Street Striping03/22-03/24/21 - 2020-06 PROGESS PAY…204923CAL STRIPE INC 201-7003-60141 37.12Materials/Supplies04/05/21 - SUPPLIES FOR SIDEWALK REPA…204942LOWE'S HOME IMPROVEMENT…201-7003-60431 45.47Materials/Supplies04/06/21 - CONCRETE204942LOWE'S HOME IMPROVEMENT…201-7003-60431 3,200.00Professional Services07/01/20-06/30/21 - ANNUAL STREET RE…204958STATE CONTROLLER'S OFFICE 201-7003-60103 Fund 201 - GAS TAX FUND Total:31,821.36 Fund: 202 - LIBRARY & MUSEUM FUND 41,297.50Makerspace Operations10/01-12/31/20 - Q2 MAKERSPACE CONT…204922OFFICE OF ECONOMIC DEVEL…202-3009-60105 48,750.00Museum Operations10/01-12/31/20 - Q2 MUSEUM CONTRACT…204922OFFICE OF ECONOMIC DEVEL…202-3006-60105 773.50Landscape Contract05/2021 - MONTHLY MAINTENANCE204971VINTAGE ASSOCIATES 202-3004-60112 161.50Landscape Contract05/2021 - MONTHLY MAINTENANCE204971VINTAGE ASSOCIATES 202-3006-60112 477.00HVAC04/05/21 - LIBRARY HVAC REPAIRS204947PACIFIC WEST AIR CONDITION…202-3004-60667 126.81Telephone - Utilities05/13-06/12/21 - MUSEUM PHONE204934FRONTIER COMMUNICATIONS…202-3006-61300 Fund 202 - LIBRARY & MUSEUM FUND Total:91,586.31 Fund: 215 - LIGHTING & LANDSCAPING FUND 10,085.25Landscape Contract05/2021 - MONTHLY MAINTENANCE204971VINTAGE ASSOCIATES 215-7004-60112 5,397.33Consultants05/2021 - LIGHTING MAINTENANCE SERVI…204928CREATIVE LIGHTING & ELECTR…215-7004-60104 98.88Materials/Supplies05/05/21 - IRRIGATION SUPPLIES204954SMITH PIPE & SUPPLY CO 215-7004-60431 1,746.12Materials/Supplies05/05/21 - IRRIGATION SUPPLIES204954SMITH PIPE & SUPPLY CO 215-7004-60431 147.35Materials/Supplies05/05/21 - IRRIGATION SUPPLIES204954SMITH PIPE & SUPPLY CO 215-7004-60431 1,218.00Materials/Supplies03/11/21 - PALM TREES204973W.D. YOUNG & SONS 215-7004-60431 49,772.58Landscape Contract05/2021 - L&L MONTHLY MAINTENCE204949PWLC II, INC 215-7004-60112 52.84Supplies-Graffiti and Vandalism03/29/21 - GRAFFITI SUPPLIES204942LOWE'S HOME IMPROVEMENT…215-7004-60423 79.24Materials/Supplies04/14/21 - BUNGEE CORDS & STAKES204942LOWE'S HOME IMPROVEMENT…215-7004-60431 451.71Electric - Utilities05/19/21 - ELECTRICITY SERVICE204939IMPERIAL IRRIGATION DIST 215-7004-61116 37.40Electric - Medians - Utilities05/19/21 - ELECTRICITY SERVICE204939IMPERIAL IRRIGATION DIST 215-7004-61117 2,209.88Water - Medians - Utilities05/19/21 - WATER SERVICE204926COACHELLA VALLEY WATER DI…215-7004-61211 128.69Materials/Supplies05/17/21 - FLUORESCENT LAMP204974WALTERS WHOLESALE ELECTR…215-7004-60431 50 Demand Register Packet: APPKT02800 - 05/28/21 JB 6/7/2021 9:48:57 AM Page 3 of 7 AmountVendor Name Payment Number Description (Item)Account Name Account Number 112.50Materials/Supplies05/17/21 - ELECTRICAL SUPPLIES204974WALTERS WHOLESALE ELECTR…215-7004-60431 301.60Materials/Supplies05/17/21 - ELECTRICAL SUPPLIES204974WALTERS WHOLESALE ELECTR…215-7004-60431 Fund 215 - LIGHTING & LANDSCAPING FUND Total:71,839.37 Fund: 224 - TUMF FUND 73,920.00TUMF Payable to CVAG04/2021 - TUMF FEES204924COACHELLA VALLEY ASSOC OF…224-0000-20320 Fund 224 - TUMF FUND Total:73,920.00 Fund: 230 - CASp FUND, AB 1379 4.00SB 1186 Revenue05/19/21 - REFUND FOR BUSINESS LIC 76…204963THE SHARON ETHEL COLLINS L…230-0000-42130 Fund 230 - CASp FUND, AB 1379 Total:4.00 Fund: 231 - SUCCESSOR AGCY PA 1 RORF 13,281.31Attorney896548 - 2020 BOND REFUNDING204953RUTAN & TUCKER 231-9001-60153 Fund 231 - SUCCESSOR AGCY PA 1 RORF Total:13,281.31 Fund: 241 - HOUSING AUTHORITY 1,248.00Attorney896544 - HOUSING AUTHORITY204953RUTAN & TUCKER 241-9101-60153 Fund 241 - HOUSING AUTHORITY Total:1,248.00 Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS 7,800.00Construction03/01/21 - 2014-013 BASIN SOD204960SUNRISE GOLF CONSTRUCTION…401-0000-60188 1,880.00Professional ServicesLA QUINTA X PARK204944NAI CONSULTING INC 401-0000-60103 1,657.50Professional ServicesHIGHWAY 111 CORRIDOR204944NAI CONSULTING INC 401-0000-60103 502.50Professional ServicesPAVEMENT MANAGEMENT PLAN (PMP)204944NAI CONSULTING INC 401-0000-60103 770.00Professional ServicesLA QUINTA LANDSCAPE RENOVATION IM…204944NAI CONSULTING INC 401-0000-60103 1,742.50Professional ServicesSILVERROCK RESORT INFRASTRUCTURE204944NAI CONSULTING INC 401-0000-60103 6,922.50Professional ServicesEISENHOWER RETENTION BASIN LANDSC…204944NAI CONSULTING INC 401-0000-60103 155.00Professional ServicesWASHINGTON STREET PAVEMENT REHABI…204944NAI CONSULTING INC 401-0000-60103 3,662.50Professional ServicesSILVERROCK EVENT SPACE204944NAI CONSULTING INC 401-0000-60103 2,302.50Professional ServicesCITYWIDE PUBLIC SAFETY CAMERA SYSTEM204944NAI CONSULTING INC 401-0000-60103 2,582.50Professional ServicesFIRE STATION 70 REVITALIZATION204944NAI CONSULTING INC 401-0000-60103 2,395.31Professional ServicesWASHINGTON STREET AT FRED WARING …204944NAI CONSULTING INC 401-0000-60103 2,620.00Professional ServicesLA QUINTA VILLAGE COMPLETE STREETS204944NAI CONSULTING INC 401-0000-60103 5,077.50Professional ServicesDUNE PALMS BRIDGE IMPROVEMENT204944NAI CONSULTING INC 401-0000-60103 267.50Professional ServicesCITYWIDE MISC. ADA IMPROVEMENTS204944NAI CONSULTING INC 401-0000-60103 607.50Professional ServicesMONROE STREET PAVEMENT REHABILITAT…204944NAI CONSULTING INC 401-0000-60103 522.50Professional ServicesVILLAGE ART/CULTURAL PLAZA204944NAI CONSULTING INC 401-0000-60103 532.50Professional ServicesREGIONAL SCOUR ANALYSIS204944NAI CONSULTING INC 401-0000-60103 3,937.50Professional ServicesWASHINGTON ST AT AVE 50/CALLE TAMP…204944NAI CONSULTING INC 401-0000-60103 620.00Professional ServicesFY 2021 CITYWIDE SIDEWALK IMPROVEM…204944NAI CONSULTING INC 401-0000-60103 -1,391.50Retention Payable03/22-03/24/21 - 2020-06 RETENTION PA…204923CAL STRIPE INC 401-0000-20600 8,040.00Design02/2021 - MARBELLA/SIERRA DEL RAY LA…204938HERMANN DESIGN GROUP INC 401-0000-60185 7,120.00Design02/2021 - DESERT PRIDE LANDSCAPE ARC…204938HERMANN DESIGN GROUP INC 401-0000-60185 212.50Design02/2021 - RANCHO OCOTILLO LANDSCAPE…204938HERMANN DESIGN GROUP INC 401-0000-60185 Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total:60,538.81 Fund: 501 - FACILITY & FLEET REPLACEMENT 26,045.63Vehicles, Purchased05/21/21 - 2021 NISSAN FRONTIER PURC…204966TORRE NISSAN-MEGA DEALER …501-0000-71031 27,351.98Vehicles, Purchased05/21/21 - 2021 NISSAN ROUGE PURCHASE204966TORRE NISSAN-MEGA DEALER …501-0000-71031 3,325.74Fuel & Oil02/15-02/28/21 - FUEL204967TOWER ENERGY GROUP 501-0000-60674 3,421.00Fuel & Oil05/01-05/15/21 - FUEL204967TOWER ENERGY GROUP 501-0000-60674 24.09Parts & Maintenance Supplies05/12/21 - VEHICLE SUPPLIES204921AUTOZONE 501-0000-60675 26.82Vehicle Repair & Maintenance03/29/21 - DEF FLUID FOR BUCKET TRUCK204942LOWE'S HOME IMPROVEMENT…501-0000-60676 3,088.51Building Leases06/2021 - PW TRAILER RENTAL204946PACIFIC MOBILE STRUCTURES, …501-0000-71032 736.16Fuel & Oil03/2021 - FUEL CHARGES204935FUELMAN 501-0000-60674 807.53Fuel & Oil04/2021 - FUEL CHARGES204935FUELMAN 501-0000-60674 Fund 501 - FACILITY & FLEET REPLACEMENT Total:64,827.46 Fund: 502 - INFORMATION TECHNOLOGY 150.43Cable/Internet - Utilities04/15-05/14/21 - WC INTERNET (8105)204964TIME WARNER CABLE 502-0000-61400 3,600.00Finance, Software Enhanceme…12/1/20-11/30/21 - SOFTWARE ENHANC…204932EMPHASYS 502-0000-71045 19,130.00Software Licenses05/11/21 - MUNICIPAL WEBSITE REVISION204936GRANICUS 502-0000-60301 Fund 502 - INFORMATION TECHNOLOGY Total:22,880.43 51 Demand Register Packet: APPKT02800 - 05/28/21 JB 6/7/2021 9:48:57 AM Page 4 of 7 AmountVendor Name Payment Number Description (Item)Account Name Account Number Fund: 503 - PARK EQUIP & FACILITY FUND 2,493.17Parks05/14/21 - PARK EQUIPMENT204937GREAT WESTERN RECREATION,…503-0000-71060 Fund 503 - PARK EQUIP & FACILITY FUND Total:2,493.17 Fund: 601 - SILVERROCK RESORT 53.66Repair & Maintenance04/15/21 - KICK PLATE204942LOWE'S HOME IMPROVEMENT…601-0000-60660 61.73Repair & Maintenance04/14/21 - GATE LATCH & PAINT204942LOWE'S HOME IMPROVEMENT…601-0000-60660 261.08Repair & Maintenance04/13/21 - MATERIALS204942LOWE'S HOME IMPROVEMENT…601-0000-60660 Fund 601 - SILVERROCK RESORT Total:376.47 Grand Total:639,005.96 52 Demand Register Packet: APPKT02800 - 05/28/21 JB 6/7/2021 9:48:57 AM Page 5 of 7 Fund Summary Fund Expense Amount 101 - GENERAL FUND 204,189.27 201 - GAS TAX FUND 31,821.36 202 - LIBRARY & MUSEUM FUND 91,586.31 215 - LIGHTING & LANDSCAPING FUND 71,839.37 224 - TUMF FUND 73,920.00 230 - CASp FUND, AB 1379 4.00 231 - SUCCESSOR AGCY PA 1 RORF 13,281.31 241 - HOUSING AUTHORITY 1,248.00 401 - CAPITAL IMPROVEMENT PROGRAMS 60,538.81 501 - FACILITY & FLEET REPLACEMENT 64,827.46 502 - INFORMATION TECHNOLOGY 22,880.43 503 - PARK EQUIP & FACILITY FUND 2,493.17 601 - SILVERROCK RESORT 376.47 Grand Total:639,005.96 Account Summary Account Number Account Name Expense Amount 101-0000-20310 MSHCP Mitigation Fee 36,217.00 101-0000-20330 Over Payments, AR Policy 40.00 101-0000-41600 Business Licenses 21.00 101-0000-43631 CVMSHCP Admin Fee -362.17 101-0000-43638 NPDES Inspections 47.00 101-1003-60153 Attorney 29,735.59 101-1003-60154 Attorney/Litigation 5,121.00 101-1005-60103 Professional Services 700.00 101-1006-60102 Administration 190.48 101-1007-60402 Forms, Copier Paper 267.46 101-1007-60403 Citywide Conf Room Suppl…161.53 101-1007-60470 Postage 126.86 101-1007-74010 Land Acquisition 4,000.00 101-2002-60112 Landscape Contract 1,242.42 101-2002-60691 Maintenance/Services 13.91 101-2002-61200 Water - Utilities 504.82 101-2002-61304 Mobile/Cell Phones/Satell…226.32 101-2002-61400 Cable/Internet - Utilities 131.93 101-3002-60352 Subscriptions & Publicati…49.03 101-3005-60112 Landscape Contract 51,814.75 101-3005-60117 Civic Center Lake Mainten…1,350.00 101-3005-60184 Fritz Burns Pool Maintena…281.41 101-3005-60431 Materials/Supplies 7,193.82 101-3005-60432 Tools/Equipment 484.95 101-3005-60554 LQ Park Water Feature 750.00 101-3005-60691 Maintenance/Services 316.00 101-3005-61201 Water -Monticello Park - …1,516.26 101-3005-61204 Water -Fritz Burns Park - …134.08 101-3005-61208 Water -Seasons Park - Util…19.05 101-3005-61209 Water -Community Park -…165.53 101-3007-60461 Marketing & Tourism Pro…56,669.17 101-3008-60431 Materials/Supplies 334.33 101-3008-60432 Tools/Equipment 80.81 101-3008-61200 Water - Utilities 79.65 101-6006-60420 Operating Supplies 459.04 101-7002-60183 Map/Plan Checking 1,730.00 101-7003-60420 Operating Supplies 140.37 101-7003-60432 Tools/Equipment 216.32 101-7006-60104 Consultants 1,980.00 101-7006-60146 PM 10 - Dust Control 39.55 201-7003-60103 Professional Services 3,200.00 201-7003-60141 Street Striping 27,830.00 53 Demand Register Packet: APPKT02800 - 05/28/21 JB 6/7/2021 9:48:57 AM Page 6 of 7 Account Summary Account Number Account Name Expense Amount 201-7003-60429 Traffic Control Signs 708.77 201-7003-60431 Materials/Supplies 82.59 202-3004-60112 Landscape Contract 773.50 202-3004-60667 HVAC 477.00 202-3006-60105 Museum Operations 48,750.00 202-3006-60112 Landscape Contract 161.50 202-3006-61300 Telephone - Utilities 126.81 202-3009-60105 Makerspace Operations 41,297.50 215-7004-60104 Consultants 5,397.33 215-7004-60112 Landscape Contract 59,857.83 215-7004-60423 Supplies-Graffiti and Van…52.84 215-7004-60431 Materials/Supplies 3,832.38 215-7004-61116 Electric - Utilities 451.71 215-7004-61117 Electric - Medians - Utiliti…37.40 215-7004-61211 Water - Medians - Utilities 2,209.88 224-0000-20320 TUMF Payable to CVAG 73,920.00 230-0000-42130 SB 1186 Revenue 4.00 231-9001-60153 Attorney 13,281.31 241-9101-60153 Attorney 1,248.00 401-0000-20600 Retention Payable -1,391.50 401-0000-60103 Professional Services 38,757.81 401-0000-60185 Design 15,372.50 401-0000-60188 Construction 7,800.00 501-0000-60674 Fuel & Oil 8,290.43 501-0000-60675 Parts & Maintenance Supp…24.09 501-0000-60676 Vehicle Repair & Mainte…26.82 501-0000-71031 Vehicles, Purchased 53,397.61 501-0000-71032 Building Leases 3,088.51 502-0000-60301 Software Licenses 19,130.00 502-0000-61400 Cable/Internet - Utilities 150.43 502-0000-71045 Finance, Software Enhanc…3,600.00 503-0000-71060 Parks 2,493.17 601-0000-60660 Repair & Maintenance 376.47 Grand Total:639,005.96 Project Account Summary Project Account Key Expense AmountProject Account Name Project Name **None**546,754.80**None****None** 111205P 5,077.50Professional Expense Dune Palms Bridge Imp/BRLKS-5433(014) 141513CT 7,800.00Construction Expense SilverRock Way Infra/Street Improvements 141513P 1,742.50Professional Expense SilverRock Way Infra/Street Improvements 151603P 2,620.00Professional Expense La Quinta Village Complete St-ATPSBIL-5433(020) 151609P 1,880.00Professional Expense La Quinta X Park 201603D 15,372.50Design Expense La Quinta Landscape Renovation Improvement 201603P 770.00Professional Expense La Quinta Landscape Renovation Improvement 201608P 3,662.50Professional Expense SilverRock Event Space 201701P 2,395.31Professional Expense Washington Street at Fred Waring Drive 201704P 6,922.50Professional Expense Eisenhower Retention Basin Landscape Improvements 201804E 3,210.35Landscape & Lighting Median Island …Landscape & Lighting Median Island Improvements 201901P 522.50Professional Expense Village Art Plaza Promenade & Cultural Campus 201905P 1,657.50Professional Expense Highway 111 Corridor Area Plan Implementation 201907P 2,582.50Professional Expense Fire Station 70 Revitalization 201919P 532.50Professional Expense Regional Scour Analysis 201923P 3,937.50Professional Expense Washington St at Ave 50/Calle Tampico ADA 201924P 502.50Professional Expense 5 Year Pavement Management Update 202001P 607.50Professional Expense Monroe Street Pavement Rehab (Ave 52, Ave 53) 202002P 267.50Professional Expense Citywide Miscellaneous ADA Improvements 202003P 2,302.50Professional Expense Citywide Public Safety Camera System 54 Demand Register Packet: APPKT02800 - 05/28/21 JB 6/7/2021 9:48:57 AM Page 7 of 7 Project Account Summary Project Account Key Expense AmountProject Account Name Project Name 202004P 155.00Professional Expense Washington Street Pavement Rehabilitation 202006CT 27,830.00Construction Expense Adams Street Restriping Project 202006RP -1,391.50Retentions Payable Adams Street Restriping Project 2021STIP 620.00Professional Expense FY20/21 Citywide Sidewalk Improvements CORONANR 672.00Corona Non Reimbursable Corona Virus Emergency Response Grand Total:639,005.96 55 6/7/2021 9:52:17 AM Page 1 of 5 Demand Register City of La Quinta Packet: APPKT02809 - 06/04/2021 JB AmountVendor Name Payment Number Description (Item)Account Name Account Number Fund: 101 - GENERAL FUND 515.00Professional Services04/2021 - STVR HOTLINE204982CENTRAL COMMUNICATIONS 101-6004-60103 42.00United Way DeductionsCONTRIBUTION205026UNITED WAY OF THE DESERT 101-0000-20981 2,016.00Professional Services05/30/21 - LQMC 1ST SUPPLEMENT205007MUNICODE 101-1005-60103 264.07Materials/Supplies05/19/21 - SUPPLIES FOR FB PARK204997FERGUSON ENTERPRISES, INC 101-3008-60431 218.92LQ Police Volunteers05/28/21 - LQ POLICE VOLUNTEERS BUS. …205013PALMS TO PINES PRINTING 101-2001-60109 72.96Printing05/25/21 - CODE BUSINESS CARDS205013PALMS TO PINES PRINTING 101-6004-60410 200.00STVR Registration Fee05/19/21 - STVR PERMIT FEES REFUND 23…204999FOWLER, BARBARA 101-0000-41415 22.00Business Licenses05/19/21 - STVR PERMIT FEES REFUND 23…204999FOWLER, BARBARA 101-0000-41600 2,835.00Training & Education/MOU5/27/21 - TUITION REIMBURSEMENT T.SA…205016SANCHEZ, TOMMI 101-1004-60322 240.48Election Deposit06/01/21 - CANDIDATE STATEMENT DEPO…204998FITZPATRICK FOR LA QUINTA C…101-0000-22835 240.48Election Deposit06/01/21- 2020 CANDIDATE STATEMENT …204994ELECT LINDA EVANS LA QUINT…101-0000-22835 240.48Election Deposit06/01/21- 2020 CANDIDATE STATEMENT …205001GRAY, RICHARD 101-0000-22835 240.48Election Deposit06/01/21- 2020 CANDIDATE STATEMENT …205021SYLK, ROBERT F.101-0000-22835 240.48Election Deposit06/01/21- 2020 CANDIDATE STATEMENT …205020STEVE SANCHEZ FOR CITY CO…101-0000-22835 128.00Instructors06/01/21 - PICKLEBALL CLASS205005JAN NOVAK PICKLEBALL 101-3002-60107 368.67Community Experiences06/01/21-05/31/22 - MUSIC LICENSE REN…204978ASCAP 101-3003-60149 642.00Administrative Citation Services08/2020 - CODE CITATION PROCESSING204987DATA TICKET, INC.101-6004-60111 371.50Administrative Citation Services12/2020 - CODE CITATION PROCESSING204987DATA TICKET, INC.101-6004-60111 264.50Administrative Citation Services02/2021 - CODE CITATION PROCESSING204987DATA TICKET, INC.101-6004-60111 41.52Office Supplies05/21/21 - OFFICE SUPPLIES205011OFFICE DEPOT 101-1005-60400 32.29Office Supplies05/21/21 - WIRELESS MOUSE -T.THOMPS…205011OFFICE DEPOT 101-1002-60400 360.00Consultants/Employee Services05/2021 - EAP SERVICES205027WELLNESS WORKS 101-1004-60104 3,100.00Marketing & Tourism Promoti…06/2021 - PRINT ADVERTISEMENT205014PREMIER MEDIA GROUP 101-3007-60461 221.97LQ Police Volunteers05/25/21 - FALSE ALARM POSTCARDS205029XPRESS GRAPHICS 101-2001-60109 86.37Printing05/26/21 - LEGISLATIVE POLICY COLLATER…205029XPRESS GRAPHICS 101-3007-60410 85.00Consultants/Employee Services12/15/20 - RANDOM DOT TESTING R.ALV…205022TAG/AMS INC 101-1004-60104 175.00Consultants/Employee Services01/01/21 - ANNUAL RENEWAL FEE205022TAG/AMS INC 101-1004-60104 85.00Consultants/Employee Services04/21/21 - RANDOM POOL DOT TESTING205022TAG/AMS INC 101-1004-60104 2,489.62Fritz Burns Pool Programming04/2021 - FB POOL OPERATIONS & PROG…204992DESERT RECREATION DISTRICT 101-3003-60184 359.52Election Deposit05/28/21 - 2020 ELECTIONS - KATHLEEN F…204986COUNTY OF RIVERSIDE 101-0000-22835 359.52Election Deposit05/28/21 - 2020 ELECTIONS - LINDA EVANS204986COUNTY OF RIVERSIDE 101-0000-22835 359.52Election Deposit05/28/21 - 2020 ELECTIONS - ROBERT F SY…204986COUNTY OF RIVERSIDE 101-0000-22835 359.52Election Deposit05/28/21 - 2020 ELECTIONS - RICHARD GR…204986COUNTY OF RIVERSIDE 101-0000-22835 359.52Election Deposit05/28/21 - 2020 ELECTIONS - STEVE SANC…204986COUNTY OF RIVERSIDE 101-0000-22835 42,098.00Professional Services05/28/21 - 2020 ELECTIONS204986COUNTY OF RIVERSIDE 101-1005-60103 33.66Operating Supplies03/24/21 - CUSHION MAT205019STAPLES ADVANTAGE 101-6006-60420 1,345.70Marketing & Tourism Promoti…05/2021 - COVID 19 RADIO ADS204977ALPHA MEDIA LLC 101-3007-60461 1,339.58Marketing & Tourism Promoti…05/2021 - COVID 19 RADIO ADS204977ALPHA MEDIA LLC 101-3007-60461 245.00Blood/Alcohol Testing04/2021 - BLOOD/ALCOHOL ANALYSIS (DO…204989DEPARTMENT OF JUSTICE 101-2001-60174 80.00Professional Services05/05/21 - STVR HOTLINE LATE FEES204982CENTRAL COMMUNICATIONS 101-6004-60103 52,230.11Vehicles05/17/21 - 2021 GMC YUKON PURCHASE205008NATIONAL AUTO FLEET GROUP 101-2002-71031 371.99Materials/Supplies05/27/21 - IRRIGATION SUPPLIES205003HIGH TECH IRRIGATION INC 101-3005-60431 19.25LQ Police Volunteers04/15/21 - POLICE SHRED205017SHRED-IT USA - SAN BERNADI…101-2001-60109 810.85Annual Permits/Inspections05/20/21 - FIRE EXTINGUISHER SERVICE204991DESERT FIRE EXTINGUISHER C…101-3008-60196 470.37Annual Permits/Inspections05/21/21 - PW VEHICLES FIRE EXTINGUIS…204990DESERT FIRE EXTINGUISHER C…101-3008-60196 310.83Annual Permits/Inspections05/21/21 - PW OFFICE/SHOP FIRE EXTING…204991DESERT FIRE EXTINGUISHER C…101-3008-60196 1,058.26Electricity - Utilities05/27/21 - ELECTRICITY SERVICE205004IMPERIAL IRRIGATION DIST 101-2002-61101 3,132.36Electric - Civic Center Park - Uti…05/27/21 - ELECTRICITY SERVICE205004IMPERIAL IRRIGATION DIST 101-3005-61103 1,153.37Electric - Fritz Burns Park - Utili…05/27/21 - ELECTRICITY SERVICE205004IMPERIAL IRRIGATION DIST 101-3005-61105 13,361.05Electricity - Utilities05/27/21 - ELECTRICITY SERVICE205004IMPERIAL IRRIGATION DIST 101-3008-61101 13.24Electric - Monticello Park - Utili…06/02/21 - ELECTRICITY SERVICE205004IMPERIAL IRRIGATION DIST 101-3005-61102 4,175.56Electric - Community Park - Util…06/02/21 - ELECTRICITY SERVICE205004IMPERIAL IRRIGATION DIST 101-3005-61109 13.36Electric - Velasco Park - Utilities06/02/21 - ELECTRICITY SERVICE205004IMPERIAL IRRIGATION DIST 101-3005-61111 56 Demand Register Packet: APPKT02809 - 06/04/2021 JB 6/7/2021 9:52:17 AM Page 2 of 5 AmountVendor Name Payment Number Description (Item)Account Name Account Number 23.01Electric - Eisenhower Park - Util…06/02/21 - ELECTRICITY SERVICE205004IMPERIAL IRRIGATION DIST 101-3005-61113 13.11Electric - Desert Pride - Utilities06/02/21 - ELECTRICITY SERVICE205004IMPERIAL IRRIGATION DIST 101-3005-61114 2,900.83Water - Civic Center Park - Utili…05/26/21 - WATER SERVICE204984COACHELLA VALLEY WATER DI…101-3005-61202 4,219.93Water -Community Park - Utilit…05/26/21 - WATER SERVICE204984COACHELLA VALLEY WATER DI…101-3005-61209 125.00PM 10 - Dust Control05/26/21 - WATER SERVICE204984COACHELLA VALLEY WATER DI…101-7006-60146 1,603.37Marketing & Tourism Promoti…05/21-06/17/21 - DIGITAL ADS205009NATIONAL CINEMEDIA LLC 101-3007-60461 46.20Gas - Utilities04/21-05/20/21 - FS #32 GAS SVC205023THE GAS COMPANY 101-2002-61100 169.41Gas - Utilities04/21-05/20/21 - CH GAS SVC205023THE GAS COMPANY 101-3008-61100 1,009.16Gas-Utilities FB Pool04/21-05/20/21 - FB POOL GAS SVC205023THE GAS COMPANY 101-3005-61100 96.94Gas - Utilities04/21-05/20/21 - WC GAS SVC205023THE GAS COMPANY 101-3008-61100 200.00Fritz Burns Pool Maintenance05/18/21 - FB POOL DECK/FLOOR CLEANI…205010OCEAN SPRINGS TECH INC 101-3005-60184 181.76Fritz Burns Pool Maintenance05/24/21 - REPAIRS TO FB POOL205010OCEAN SPRINGS TECH INC 101-3005-60184 2,742.82Electric - SilverRock Event Site -…06/02/21 - ELECTRICITY SERVICE205004IMPERIAL IRRIGATION DIST 101-3005-61115 166.51Water - Utilities05/26/21 - WATER SERVICE204984COACHELLA VALLEY WATER DI…101-2002-61200 74.10Water -Eisenhower Park - Utilit…05/26/21 - WATER SERVICE204984COACHELLA VALLEY WATER DI…101-3005-61203 97.05Water -Velasco Park - Utilities05/26/21 - WATER SERVICE204984COACHELLA VALLEY WATER DI…101-3005-61205 2,124.54Water -Fritz Burns Park - Utiliti…06/02/21 - WATER SERVICE204984COACHELLA VALLEY WATER DI…101-3005-61204 646.38Water - Utilities06/02/21 - WATER SERVICE204984COACHELLA VALLEY WATER DI…101-3008-61200 25.00Over Payments, AR Policy06/01/21 - REFUND OF LATE FEES LIC 011…204983CHRIS WILSON PLUMBING & …101-0000-20330 Fund 101 - GENERAL FUND Total:156,365.05 Fund: 201 - GAS TAX FUND 753.09Traffic Control Signs05/25/21 - TRAFFIC CONTROL SIGNS205025TOPS' N BARRICADES INC 201-7003-60429 321.68Traffic Control Signs05/26/21 - TRAFFIC CONTROL SIGNS205025TOPS' N BARRICADES INC 201-7003-60429 606.65Electricity - Utilities05/27/21 - ELECTRICITY SERVICE205004IMPERIAL IRRIGATION DIST 201-7003-61101 Fund 201 - GAS TAX FUND Total:1,681.42 Fund: 202 - LIBRARY & MUSEUM FUND 41,297.50Makerspace Operations01/01-03/31/21 - Q3 MAKERSPACE CONT…205012OFFICE OF ECONOMIC DEVEL…202-3009-60105 48,750.00Museum Operations01/01-03/31/21 - Q2 MUSEUM CONTRACT…205012OFFICE OF ECONOMIC DEVEL…202-3006-60105 178.89Maintenance/Services05/17/21 - PAINT SUPPLIES204993DUNN-EDWARDS CORPORATI…202-3006-60691 135.75Fire Extinguisher Service05/20/21 - MUSEUM FIRE EXTINGUISHER …204991DESERT FIRE EXTINGUISHER C…202-3006-60664 198.57Fire Extinguisher Service05/20/21 - LIBRARY FIRE EXTINGUISHER S…204990DESERT FIRE EXTINGUISHER C…202-3004-60664 2,912.53Electricity - Utilities05/27/21 - ELECTRICITY SERVICE205004IMPERIAL IRRIGATION DIST 202-3004-61101 1,328.72Electricity - Utilities05/27/21 - ELECTRICITY SERVICE205004IMPERIAL IRRIGATION DIST 202-3006-61101 14.30Gas - Utilities04/21-05/20/21 - LIBRARY GAS SVC205023THE GAS COMPANY 202-3004-61100 52.37Maintenance/Services04/05/21 - MATERIALS FOR LIBRARY205006JOHNSTONE SUPPLY 202-3004-60691 Fund 202 - LIBRARY & MUSEUM FUND Total:94,868.63 Fund: 215 - LIGHTING & LANDSCAPING FUND 8,729.80Materials/Supplies05/12/21 - 9 PALM TREE TREE RING LIGHTS205015ROTO-LITE, INC 215-7004-60431 1,286.81Materials/Supplies05/25/21 - PLANTS204980C.V CACTUS NURSERY 215-7004-60431 1,179.39Materials/Supplies05/25/21 - PLANTS204980C.V CACTUS NURSERY 215-7004-60431 1,290.32Materials/Supplies05/27/21 - PLANTS204980C.V CACTUS NURSERY 215-7004-60431 402.45Materials/Supplies06/01/21 - PLANTS204980C.V CACTUS NURSERY 215-7004-60431 2,213.81Electric - Utilities05/27/21 - ELECTRICITY SERVICE205004IMPERIAL IRRIGATION DIST 215-7004-61116 925.12Electric - Medians - Utilities05/27/21 - ELECTRICITY SERVICE205004IMPERIAL IRRIGATION DIST 215-7004-61117 1,983.20Electric - Utilities06/02/21 - ELECTRICITY SERVICE205004IMPERIAL IRRIGATION DIST 215-7004-61116 1,084.49Electric - Medians - Utilities06/02/21 - ELECTRICITY SERVICE205004IMPERIAL IRRIGATION DIST 215-7004-61117 4,827.57Water - Medians - Utilities05/26/21 - WATER SERVICE204984COACHELLA VALLEY WATER DI…215-7004-61211 7,387.06Water - Medians - Utilities06/02/21 - WATER SERVICE204984COACHELLA VALLEY WATER DI…215-7004-61211 Fund 215 - LIGHTING & LANDSCAPING FUND Total:31,310.02 Fund: 235 - SO COAST AIR QUALITY FUND 541.25Electricity - Utilities05/27/21 - ELECTRICITY SERVICE205004IMPERIAL IRRIGATION DIST 235-0000-61101 Fund 235 - SO COAST AIR QUALITY FUND Total:541.25 Fund: 241 - HOUSING AUTHORITY 5,250.00Professional Services05/2021 - HOUSING CONSULTANT SERVIC…204981CAHA, BECKY 241-9101-60103 Fund 241 - HOUSING AUTHORITY Total:5,250.00 Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS 7,273.50Design04/2021 - GHD VILLAGE COMPLETE STREE…205000GHD INC.401-0000-60185 6,750.00Design04/2021 - X-PARK LANDSCAPE ARCHITECT…205002HERMANN DESIGN GROUP INC 401-0000-60185 57 Demand Register Packet: APPKT02809 - 06/04/2021 JB 6/7/2021 9:52:17 AM Page 3 of 5 AmountVendor Name Payment Number Description (Item)Account Name Account Number 485.00Design04/2021 - SRR VENUE LANDSCAPE ARCH S…205002HERMANN DESIGN GROUP INC 401-0000-60185 570.01Design03/28-05/01/21 - 2016-03 TOPAZ STREET…204988DAVID EVANS AND ASSOCIATE…401-0000-60185 1,100.00Design3/2021-4/2021-WASHINGTON/WARING T…204995ENGINEERING RESOURCES 401-0000-60185 -13,688.28Retention Payable05/17/21 - 2020-03 RETENTION PAYMENT…204985CONVERGINT TECHNOLOGIES …401-0000-20600 273,765.53Construction05/17/21 - 2020-03 PROGRESS PAYMENT …204985CONVERGINT TECHNOLOGIES …401-0000-60188 -6,621.91Retention Payable04/2021 - 2015-09 RETENTION PAYMENT …205018SPOHN RANCH INC 401-0000-20600 132,438.24Construction04/2021 - 2015-09 PROGRESS PAYMENT …205018SPOHN RANCH INC 401-0000-60188 Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total:402,072.09 Fund: 501 - FACILITY & FLEET REPLACEMENT 1,007.32Motorcycle Repair & Mainten…05/18/21 - MOTORCYCLE REPAIR A1155204979BMW MOTORCYCLES OF RIVE…501-0000-60679 18,805.14Vehicles, Rentals & Leases05/2021 - FLEET LEASE204996ENTERPRISE FM TRUST 501-0000-71030 Fund 501 - FACILITY & FLEET REPLACEMENT Total:19,812.46 Fund: 502 - INFORMATION TECHNOLOGY 8.87Cable/Internet - Utilities05/20-06/19/21 - WC CABLE (1909)205024TIME WARNER CABLE 502-0000-61400 5.00Technology Enhancement Sur…05/19/21 - STVR PERMIT FEES REFUND 23…204999FOWLER, BARBARA 502-0000-43611 6,562.50Prepaid Expense07/01/21-04/30/22 - ANNUAL RENEWAL205028WIZEHIVE, INC 502-0000-13600 1,312.50Software Licenses05/01-06/30/21 - ANNUAL RENEWAL205028WIZEHIVE, INC 502-0000-60301 Fund 502 - INFORMATION TECHNOLOGY Total:7,888.87 Grand Total:719,789.79 58 Demand Register Packet: APPKT02809 - 06/04/2021 JB 6/7/2021 9:52:17 AM Page 4 of 5 Fund Summary Fund Expense Amount 101 - GENERAL FUND 156,365.05 201 - GAS TAX FUND 1,681.42 202 - LIBRARY & MUSEUM FUND 94,868.63 215 - LIGHTING & LANDSCAPING FUND 31,310.02 235 - SO COAST AIR QUALITY FUND 541.25 241 - HOUSING AUTHORITY 5,250.00 401 - CAPITAL IMPROVEMENT PROGRAMS 402,072.09 501 - FACILITY & FLEET REPLACEMENT 19,812.46 502 - INFORMATION TECHNOLOGY 7,888.87 Grand Total:719,789.79 Account Summary Account Number Account Name Expense Amount 101-0000-20330 Over Payments, AR Policy 25.00 101-0000-20981 United Way Deductions 42.00 101-0000-22835 Election Deposit 3,000.00 101-0000-41415 STVR Registration Fee 200.00 101-0000-41600 Business Licenses 22.00 101-1002-60400 Office Supplies 32.29 101-1004-60104 Consultants/Employee Se…705.00 101-1004-60322 Training & Education/MOU 2,835.00 101-1005-60103 Professional Services 44,114.00 101-1005-60400 Office Supplies 41.52 101-2001-60109 LQ Police Volunteers 460.14 101-2001-60174 Blood/Alcohol Testing 245.00 101-2002-61100 Gas - Utilities 46.20 101-2002-61101 Electricity - Utilities 1,058.26 101-2002-61200 Water - Utilities 166.51 101-2002-71031 Vehicles 52,230.11 101-3002-60107 Instructors 128.00 101-3003-60149 Community Experiences 368.67 101-3003-60184 Fritz Burns Pool Program…2,489.62 101-3005-60184 Fritz Burns Pool Maintena…381.76 101-3005-60431 Materials/Supplies 371.99 101-3005-61100 Gas-Utilities FB Pool 1,009.16 101-3005-61102 Electric - Monticello Park -…13.24 101-3005-61103 Electric - Civic Center Park…3,132.36 101-3005-61105 Electric - Fritz Burns Park -…1,153.37 101-3005-61109 Electric - Community Park …4,175.56 101-3005-61111 Electric - Velasco Park - Uti…13.36 101-3005-61113 Electric - Eisenhower Park …23.01 101-3005-61114 Electric - Desert Pride - Uti…13.11 101-3005-61115 Electric - SilverRock Event…2,742.82 101-3005-61202 Water - Civic Center Park -…2,900.83 101-3005-61203 Water -Eisenhower Park -…74.10 101-3005-61204 Water -Fritz Burns Park - …2,124.54 101-3005-61205 Water -Velasco Park - Utili…97.05 101-3005-61209 Water -Community Park -…4,219.93 101-3007-60410 Printing 86.37 101-3007-60461 Marketing & Tourism Pro…7,388.65 101-3008-60196 Annual Permits/Inspectio…1,592.05 101-3008-60431 Materials/Supplies 264.07 101-3008-61100 Gas - Utilities 266.35 101-3008-61101 Electricity - Utilities 13,361.05 101-3008-61200 Water - Utilities 646.38 101-6004-60103 Professional Services 595.00 101-6004-60111 Administrative Citation Se…1,278.00 101-6004-60410 Printing 72.96 101-6006-60420 Operating Supplies 33.66 59 Demand Register Packet: APPKT02809 - 06/04/2021 JB 6/7/2021 9:52:17 AM Page 5 of 5 Account Summary Account Number Account Name Expense Amount 101-7006-60146 PM 10 - Dust Control 125.00 201-7003-60429 Traffic Control Signs 1,074.77 201-7003-61101 Electricity - Utilities 606.65 202-3004-60664 Fire Extinguisher Service 198.57 202-3004-60691 Maintenance/Services 52.37 202-3004-61100 Gas - Utilities 14.30 202-3004-61101 Electricity - Utilities 2,912.53 202-3006-60105 Museum Operations 48,750.00 202-3006-60664 Fire Extinguisher Service 135.75 202-3006-60691 Maintenance/Services 178.89 202-3006-61101 Electricity - Utilities 1,328.72 202-3009-60105 Makerspace Operations 41,297.50 215-7004-60431 Materials/Supplies 12,888.77 215-7004-61116 Electric - Utilities 4,197.01 215-7004-61117 Electric - Medians - Utiliti…2,009.61 215-7004-61211 Water - Medians - Utilities 12,214.63 235-0000-61101 Electricity - Utilities 541.25 241-9101-60103 Professional Services 5,250.00 401-0000-20600 Retention Payable -20,310.19 401-0000-60185 Design 16,178.51 401-0000-60188 Construction 406,203.77 501-0000-60679 Motorcycle Repair & Main…1,007.32 501-0000-71030 Vehicles, Rentals & Leases 18,805.14 502-0000-13600 Prepaid Expense 6,562.50 502-0000-43611 Technology Enhancement…5.00 502-0000-60301 Software Licenses 1,312.50 502-0000-61400 Cable/Internet - Utilities 8.87 Grand Total:719,789.79 Project Account Summary Project Account Key Expense AmountProject Account Name Project Name **None**299,654.03**None****None** 151603D 7,273.50Design Expense La Quinta Village Complete St-ATPSBIL-5433(020) 151609CT 132,438.24Construction Expense La Quinta X Park 151609RP -6,621.91Retention Payable La Quinta X Park 201603D 7,320.01Design Expense La Quinta Landscape Renovation Improvement 201608D 485.00Design Expense SilverRock Event Space 201701D 1,100.00Design Expense Washington Street at Fred Waring Drive 201804E 12,888.77Landscape & Lighting Median Island …Landscape & Lighting Median Island Improvements 202003CT 273,765.53Construction Expense Citywide Public Safety Camera System 202003RP -13,688.28Retention Payable Citywide Public Safety Camera System CORONANR 2,685.28Corona Non Reimbursable Corona Virus Emergency Response FBPOPSE 2,489.62Fritz Burns Pool Operations Expense Fritz Burns Pool Operations Grand Total:719,789.79 60 6/7/2021 9:47:55 AM Page 1 of 2 Demand Register City of La Quinta Packet: APPKT02812 - 06/04/2021 (2) AmountVendor Name Payment Number Description (Item)Account Name Account Number Fund: 101 - GENERAL FUND 62,400.00Buildings11/04/20 EXHIBIT B SEC 4 INSTALLMENT 3…205030ALONGI EBENISTERIE ET GC INC 101-1007-71050 10,400.00Buildings11/04/20 EXHIBIT B SEC 5 INTERIOR DESI…205030ALONGI EBENISTERIE ET GC INC 101-1007-71050 12,600.00Buildings11/04/20 EXHIBIT B SEC 5 INTERIOR DESI…205030ALONGI EBENISTERIE ET GC INC 101-1007-71050 Fund 101 - GENERAL FUND Total:85,400.00 Grand Total:85,400.00 61 Demand Register Packet: APPKT02812 - 06/04/2021 (2) 6/7/2021 9:47:55 AM Page 2 of 2 Fund Summary Fund Expense Amount 101 - GENERAL FUND 85,400.00 Grand Total:85,400.00 Account Summary Account Number Account Name Expense Amount 101-1007-71050 Buildings 85,400.00 Grand Total:85,400.00 Project Account Summary Project Account Key Expense AmountProject Account Name Project Name 201806E 85,400.00SilverRock Event Modular Building E…SilverRock Event Space Modular Building Grand Total:85,400.00 62 6/1/2021 3:35:46 PM Page 1 of 2 Payment Reversal Register City of La Quinta APPKT02795 - 05/25/21 JB PAYMENT REVERSALS Canceled Payables Vendor Set:01 - Vendor Set 01 Bank:APBNKBOW - APBNK- BOW 00043 Vendor Number THE PRINTING PLACE Total Vendor Amount -449.04 Vendor Name Check 204601 05/25/2021 -449.0404/16/2021 05/25/2021 Payment Type Payment Number Original Payment Date Reversal Date Cancel Date Payment Amount Payable Number:Description Payable AmountDue DatePayable Date 210313B-R 04/16/202103/31/21 - DECALS 2022 449.0403/31/2021 03800 Vendor Number JNS MEDIA SPECIALISTS Total Vendor Amount -35,947.30 Vendor Name Check 204813 05/25/2021 -35,947.3005/14/2021 05/25/2021 Payment Type Payment Number Original Payment Date Reversal Date Cancel Date Payment Amount Payable Number:Description Payable AmountDue DatePayable Date 8183-R 05/14/202104/2021 INVOICES & 05/2021 RETAINER 35,947.3005/08/2021 63 Payment Reversal Register Packet: APPKT02795 - 05/25/21 JB PAYMENT REVERSALS 6/1/2021 3:35:46 PM Page 2 of 2 Bank Code Summary Canceled Payables Payables Left To Pay AgainBank Code Total APBNKBOW -36,396.34 0.00 -36,396.34 -36,396.34 0.00Report Total:-36,396.34 64 6/7/2021 9:43:43 AM Page 1 of 2 Payment Reversal Register City of La Quinta APPKT02810 - 06/04/2021 JB Canceled Payables Vendor Set:01 - Vendor Set 01 Bank:APBNKBOW - APBNK- BOW 09089 Vendor Number ALONGI EBENISTERIE ET GC INC Total Vendor Amount -85,400.00 Vendor Name Check 203212 11/06/2020 -23,000.0011/06/2020 06/04/2021 Payment Type Payment Number Original Payment Date Reversal Date Cancel Date Payment Amount Payable Number:Description Payable AmountDue DatePayable Date 110420SEC5.3/3-R 11/06/202011/04/20 EXHIBIT B SEC 5 INTERIOR DESGN PAYMNT 3/3 23,000.0011/04/2020 Check 203215 11/06/2020 -62,400.0011/06/2020 06/04/2021 Payment Type Payment Number Original Payment Date Reversal Date Cancel Date Payment Amount Payable Number:Description Payable AmountDue DatePayable Date 110420SEC4.3/3-R 11/06/202011/04/20 EXHIBIT B SEC 4 INSTALLMENT 3/3 UPGRADES 62,400.0011/04/2020 65 Payment Reversal Register Packet: APPKT02810 - 06/04/2021 JB 6/7/2021 9:43:43 AM Page 2 of 2 Bank Code Summary Canceled Payables Payables Left To Pay AgainBank Code Total APBNKBOW -85,400.00 0.00 -85,400.00 -85,400.00 0.00Report Total:-85,400.00 66 City of La Quinta Bank Transactions 05/24 – 06/04/2021 Wire Transaction Listed below are the wire transfers from 05/24 – 06/04/2021. Wire Transfers: 05/28/2021 - WIRE TRANSFER - CALPERS 20,003.19$ 05/28/2021 - WIRE TRANSFER - CALPERS 13,433.21$ 05/28/2021 - WIRE TRANSFER - CALPERS 4,518.12$ 05/28/2021 - WIRE TRANSFER - J&H ASSET PROPERTY MGT 34,845.47$ 06/01/2021 - WIRE TRANSFER - ICMA 3,991.96$ 06/01/2021 - WIRE TRANSFER - LQCEA 423.00$ 06/03/2021 - WIRE TRANSFER - TEXAS LIFE INSURANCE 849.26$ 06/03/2021 - WIRE TRANSFER - LANDMARK 144,427.48$ 06/04/2021 - WIRE TRANSFER - CALPERS 112,999.42$ 06/04/2021 - WIRE TRANSFER - AMERICAN FIDELITY 1,545.52$ TOTAL WIRE TRANSFERS OUT 337,036.63$ ATTACHMENT 2 67 68 City of La Quinta CITY COUNCIL MEETING: June 15, 2021 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION APPROVING FINAL TRACT MAP NO. 37730 AND ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT FOR MONTAGE RESIDENCES, A RESIDENTIAL DEVELOPMENT LOCATED WITHIN THE SILVERROCK RESORT IN THE SOUTHWEST CORNER OF JEFFERSON STREET AND AVENUE 52 RECOMMENDATION Adopt a resolution approving Final Tract Map and Subdivision Improvement Agreement associated with Tract Map No. 37730, Montage Residences, and authorize the City Manager to execute said agreement. EXECUTIVE SUMMARY •SilverRock Phase I, LLC (Developer) has requested Final Tract Map approval. •Tract Map No. 37730 was conditionally approved on April 20, 2021; the Developer then had 30 days to obtain signatures on the final map and submit securities for the Subdivision Improvement Agreement. This did not occur timely and the map is considered disapproved. •The Developer has now submitted the signed final map and securities; thus the final map and Subdivision Improvement Agreement may now be approved. FISCAL IMPACT - None BACKGROUND/ANALYSIS Montage Residences is a 29 lot residential development located within the northwest portion of the SilverRock Resort in the southwest corner of Jefferson Street and Avenue 52 (Attachment 1). The Developer has mass graded the site; however, the on-site improvements have not been constructed. Access will be from Ahmanson Way. CONSENT CALENDAR ITEM NO. 4 NO. 69 Tract Map No. 37730 (Attachment 2) was granted conditional approval on April 20, 2021, via Resolution No. 2021-012, which allowed the Developer 30 days to obtain all necessary signatures and submit performance, labor and materials securities. However, the Developer was not able to submit the securities within that period and the map is considered disapproved. The City has now received the final map with the necessary signatures and bonds from the Developer, thus the final map and the Subdivision Improvement Agreement (Attachment 3) may be approved. ALTERNATIVES Staff does not recommend an alternative action . Prepared by: Amy Yu, Associate Engineer Approved by: Bryan McKinney, P.E., Public Works Director / City Engineer Attachments: 1. Vicinity Map 2.Tract Map 37730 3.Subdivision Improvement Agreement 70 RESOLUTION NO. 2021 - XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF FINAL TRACT MAP AND SUBDIVISION IMPROVEMENT AGREEMENT ASSOCIATED WITH TRACT MAP NO. 37730 WHEREAS, Tentative Tract Map No. 37730 was approved by Planning Commission at a duly noticed public hearing held on December 10, 2019, via Planning Resolution No. 2019-012, as permitted under the Subdivision Map Act, subject to conditions of approval; and WHEREAS, Tentative Tract Map No. 37730 was conditionally approved by the City Council on April 20, 2021, via Council Resolution No. 2021-012, granting the developer, SilverRock Phase I, LLC, 30 days to obtain all necessary signatures and submit performance, labor, and materials securities; this was not completed timely; and WHEREAS, the developer has now completed the conditions of approval and secured the completion of the improvements through a Subdivision Improvement Agreement; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: That the City Council does hereby grant approval of Final Tract Map 37730, as referenced in the title of this Resolution, for the reasons set forth in this Resolution. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 15th day of June 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 71 Resolution No. 2021-XXX Tract Map No. 37730 – Montage Residences Adopted: June 15, 2021 Page 2 of 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 72 V I C I N I T Y M A P NOT TO SCALE TRACT MAP NO. 37730 MONTAGE RESIDENCES 73 74 ATTACHMENT 2 75 76 77 78 79 80 81 82 1 of 9 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 37730 ON-SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this ____________________________________ day of ___________________________, 20 ___________, by and between SilverRock Phase I, LLC, a Delaware limited liability company, hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A.Subdivider has prepared and submitted to City for final approval and recordation a final map or Tract map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 37730 (the "Tract") pursuant to the provisions of Section 66410, et seq. of the California Government Code (the "Subdivision Map Act"). The Subdivision Map Act and City ordinances and regulations relating to the filing, approval and recordation of subdivision maps are sometimes collectively referred to in this Agreement as the “Subdivision Laws.” B.A tentative map of the Tract has been approved subject to the Subdivision Laws and to the requirements and conditions contained in Planning Commission Resolution No. 2019-012 (the “Resolution of Approval”). The Resolution of Approval is on file in the office of the City Clerk and is incorporated into this Agreement by reference. C.Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). D.The Improvements have not been installed and accepted at this time. E.It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. In consideration of approval of a final map for the Tract by the City Council, Subdivder desires to enter into this Agreement, whereby Subdivider promises to install and complete, at Subdivider’s own expense, all the public improvement work required by City in connection with the proposed Tract. Subdivider has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1.Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish complete original improvement plans for the construction, installation and completion of the Improvements meeting the requirements of the City Engineer. The Improvement Plans for the Tract shall be maintained on file in the office of the City Engineer and shall be incorporated into this Agreement by reference. All references in this Agreement to the Improvement Plans shall include reference to any specifications for the Improvements as approved by the City Engineer. 2. Improvements. Subdivider shall construct the Improvements required to be constructed on the Improvement Plans or agreed to be constructed under the Resolution of Approval and this Agreement as more specifically described in Exhibit "A." attached hereto and expressly made a part hereof by this reference, and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3.Improvement Security. Subdivder shall at all times guarantee Subdivider’s performance of this Agreement by furnishing to City, and maintaining, good and sufficient security as required by the Subdivision Laws on forms and in the amounts approved by City for the purposes as follows: A.One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider’s fair share of Improvements which have been or will be constructed by others (“Participatory Improvements”), and payment of plan check and permit 83 2 of 9 fees. The performance security shall also include good and sufficient security in the amount of one hundred percent (100%) of the estimated cost of setting subdivision monuments as stated hereafter in this Agreement (“Monumentation Security”). A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition precedent to City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and prior to acceptance of the Improvements by the City Council. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. B.Improvement security shall conform with Section 66499 of the California Government Code and may be one or more of the following: 1)A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2)Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3)Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4)Irrevocable letters of credit, in a form acceptable to and approved by the City Attorney, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5)A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6)An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least twenty percent (20%) of the financing for the Improvements. 84 3 of 9 7)When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C.All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal one hundred percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. The securities required by this Agreement shall be kept on file with the City Clerk. The terms of the security documents specified in this Agreement are incorporated into this Agreement by this reference. If any security is replaced by another approved security, the replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a replacement security with the City Clerk, the former security may be released. The City Engineer shall approve replacement of security. D.At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1)For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2)For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3)For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F.Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement. G.Security shall be released in the following manner: 85 4 of 9 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of Section 10 of this Agreement. 2)The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3)Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4)If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5)No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in paragraph 13 of this Agreement, the warranty period shall not commence until final acceptance of all the work and improvements by the City pursuant to Paragraph 10. Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 6)City may retain from any security released an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys’ fees. 4.Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5.Off-site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6.Completion of Improvements; Inspection. 6.1 Construction of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise 86 5 of 9 improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 6.2 Inspection. Subdivider shall at all times maintain proper facilities and safe access for inspection of the public improvements by City and to the shops wherein any work is in preparation. Upon completion of the work, the Subdivider may request a final inspection by the City Engineer or the City Engineer’s authorized representative. If the City Engineer or the designated representative determines that the work has been completed in accordance with this Agreement, then the City Engineer shall certify the completion of the public improvements to the City Council. No improvements shall be finally accepted unless all aspects of the work have been inspected and determined to have been completed in accordance with the Improvement Plans and City standards and accepted by the City as described in Paragraph 10 of this Agreement. Subdivider shall bear all costs of plan check, inspection and certification. 7.Force Majeure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8.Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9.Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie-outs for monuments set in public streets. 10.Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly-authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions set forth in the Resolution of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 12, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11.Injury to Improvements. Until such time as the Improvements are accepted by City in accordance with Paragraph 10, Subdivider shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. Until such time as all Improvements required by this Agreement are fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to such improvements. City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by Subdivider. 87 6 of 9 12.Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As-Built," "As-Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 13.Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. If within the warranty period any work or improvement or part of any work or improvement done,furnished, installed, constructed or caused to be done, furnished, installed or constructed by Subdivider fails to fulfill any of the requirements of this Agreement or the improvement plans and specifications referred to herein, Subdivider shall without delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this requirement, Subdivider hereby authorizes City, at City’s sole option, to perform the work twenty (20) days after mailing written notice of default to Subdivider and to Subidivider’s Surety, and agrees to pay the cost of such work by City. Should City determine that an urgency requires repairs or replacements to be made before Subdivider can be notified, City may, in its sole discretion, make the necessary repairs or replacement or perform the necessary work and Subdivider shall pay to City the cost of such repairs 14.Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 15.City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed, or commenced and diligently pursued, within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 16.Injury to Public Improvements, Public Property or Public Utility Facilities. Subdivider shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision monuments which are destroyed or damaged as a result of any work performed under this Agreement. Subdivider shall bear the entire cost of replacement or repairs of any and all public or public utility property damaged or destroyed by reason of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by City or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 17. Indemnification. a. Neither City nor any and all of its officials, employees and agents (“Indemnified Parties”) shall be liable for any injury to persons or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees in the performance of this Agreement. Subdivider further agrees to protect and hold harmless Indemnified Parties form any and all claims, demands, causes of action, liability or loss of any sort, including, but not limited to, attorney fees and litigation expenses, because of, or arising out of, acts or omissions of Subdivider, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design of construction of the Improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said subdivision, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other public improvements. 88 7 of 9 b. Acceptance by City of the Improvements shall not constitute an assumption by City of any responsibility for any damage or taking covered by this paragraph. City shall not be responsible for the design or construction of the subdivision or the improvements pursuant to the approved Improvement Plans or map, regardless of any negligent action or inaction taken by City in approving the plans or map, unless the particular improvement design was specifically required by City over written objection by Subdivider submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. Except as may be provided above, City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. Nothing contained in this paragraph is intended to or shall be deemed to limit or waive any protections or immunities afforded by law to City or any and all of its officials, employees and agents (“Indemnified Parties”), by virtue of city’s approval of the plan or design of the Improvements, including without limitation the protections and immunities afforded by Government Code Section 830.6. After acceptance of the improvements, Subdivider shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect; however, Subdivider shall not be responsible for routine maintenance. Provisions of this paragraph shall remain in full force and effect for ten (10) years following the acceptance by City of the Improvements. It is the intent of this paragraph that Subdivider shall be responsible for all liability for design and construction of the Improvements installed or work done pursuant to this Agreement and that city shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. The Improvement Security shall not be required to cover the provisions of this paragraph. 18.No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 19.Severability. In the event that a court of competent jurisdiction determines that any provision or provisions of this Agreement are unenforceable, all provisions not so held shall remain in full force and effect. 20.Subdivider No Agent of City. Neither Subdivider nor any of Subdivider’s agents, employees, or contractors are or shall be considered to be agents of City in connection with the performance of Subdivider’s obligations under this Agreement. 21.General Provisions. A.All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B.The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C.Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D.This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E.In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non-prevailing party. 89 8 of 9 F.Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. G.Time is of the essence in the performance of each and every provision of this Agreement. H.The Recitals to this Agreement are hereby incorporated into and expressly made a part of the terms of this Agreement. I.This Agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 ______________________________________ ____________________________ Jon McMillen, City Manager Date ATTEST: __________________________________________________ Monika Radeva, City Clerk SilverRock Phase I, LLC, a Delaware limited liability company By: ________________________________ ____________________________ Date Title: Reviewed and Approved: ____________________________ Bryan McKinney, P.E., City Engineer Date Approved as to Form: ____________________________ William H. Ihrke, City Attorney Date 90 9 of 9 Exhibit A SECURITY – TRACT MAP NO. 37730 Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the Tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required Tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Street & Access Road $1,078,540 $1,078,540 Storm Drain $ 55,310 $ 55,310 Water $ 335,730 $ 335,730 Sewer $ 233,950 $ 233,950 Dry Utilities $ 184,000 $ 184,000 Landscaping $ 143,550 $ 143,550 Monumentation $ 9,000 $ 9,000 Ahmanson Lane Street $ 572,198 $ 572,198 Sidewalk $ 128,280 $ 128,280 Storm Drain $ 8,840 $ 8,840 Demolition $ 231,210 $ 231,210 Landscaping $ 299,320 $ 299,320 Utility Relocation $ 26,250 $ 26,250 Monumentation $ 9,000 $ 9,000 Totals $3,315,178 $3,315,178 Standard 10% Contingency $ 331,518 $ 331,518 Total Construction Cost $3,646,696 $3,646,696 Professional Fees, Design 5% $ 182,335 $ 182,335 Professional Fees, Const 5% $ 182,335 $ 182,335 Bond Amount $4,011,366 $4,011,366 91 92 City of La Quinta CITY COUNCIL MEETING: June 15, 2021 STAFF REPORT AGENDA TITLE: APPROVE CHANGE ORDER NO. 1 TO AGREEMENT FOR CONTRACT SERVICES WITH SPOHN RANCH, INC FOR X-PARK DESIGN/BUILD SERVICES PROJECT NO. 2015-09 RECOMMENDATION Approve Change Order No. 1 in the amount of $14,231 to Agreement for Contract Services with Spohn Ranch, Inc for additional services for the X-Park design/build services project; increase the total not to exceed amount to $3,771,941.14; and authorize the City Manager to execute the change order. EXECUTIVE SUMMARY •On June 5, 2018, Council approved a Design/Build Contract Services Agreement with Spohn Ranch, Inc for the X-Park (Agreement). •Prior to the start of Construction, Amendments 1 through 5 were authorized for various scope adjustments. •Change Order No. 1 includes the work requests to add receptacles, wiring, 1-inch conduit with pull string, and GFI outlets on four poles for future cameras; and will increase the contract sum by $14,231. FISCAL IMPACT There are sufficient funds in the project budget for this change order. Contract Services Agreement $2,800,000 Amendment No. 1 $817,000 Amendment No. 2 ($106,000) Amendment No. 3 $0 Amendment No. 4 $203,126 Amendment No. 5 $43,584 This Change Order No. 1 $14,231 Revised Not to Exceed $3,771,941 CONSENT CALENDAR ITEM NO. 5 93 The following is the revised X-Park project budget: Professional $50,000 Land Purchase $650,000 Design/Build $3,771,941.04 Technical/Utilities $70,000 Contingency $94,697.96 Total $4,636,639 BACKGROUND/ANALYSIS In June 2018, Council approved a Design/Build Agreement with Spohn Ranch (Project 2015-09/151609) with a not to exceed amount of $2.8 million. The remaining balance of the budget was to purchase the required property from the Housing Authority and conduct light and sound impact studies. Amendment No. 1 identified the original scope to include 31,000 sq. ft. of skate area, 20 parking stalls, 1,400 sq. ft. pro-shop with restrooms and observation deck, perimeter landscaping (desert efficient), energy efficient/programmable lighting, and pump track. Amendment No. 2 removed irrigation and landscape from the project scope by $106,000 and will be constructed as a separate project. Amendment No. 3 extended the contract term to allow for the final design and construction of the project. Amendment No. 4 added parking lot lighting, additional fencing around the third retention basin, accessibility design modifications, and construction of the three retention basins as part of the X-Park Project. Amendment No. 5 added bleacher area, vertical ramp set up area, roll in and additional deck for large bowl, spectating area adjacent to pump track, and improvement to the pump track design. Revised project exhibit in Attachment 1. Proposed Change Order No. 1 (Attachment 2) is for additional work request items. These items include adding receptacles, wiring, 1-inch conduit with pull string, and GFI outlets on four poles for future cameras. ALTERNATIVES Staff does not recommend other alternatives. Prepared by: Carley Escarrega, Management Assistant Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachments: 1.Project Exhibit 2.Change Order No. 1 to Agreement for Contract Services 94 Project No. 2015-09 - X-Park Project Exhibit ATTACHMENT 1 95 96 Sheet 1 of 2 CONTRACT: X-Park PROJECT #: 2015-09 CONTRACTOR: Spohn Ranch, Inc. 684 S. Centinela Ave. Los Angeles, CA 90230 CONTRACT CHANGE ORDER NO. 1 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 120V GFI outlets install on light poles Total $360.00 This Contract Change Order allows for 1” conduit receptacles and wiring Total $13,492.00 This Contract Change Order allows for additional admin time Total $100.00 This Contract Change Order allows for additional bonding Total $279.04 By reason of this contract change order the time of completion is adjusted as follows: - 0 - days added to contract time. The contract completion date shall be: 12/1/2021 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 note d 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 $3,757,710.10 Add This Change Order No. 1 $ 14,231.04 Revised Contract Total $3,771,941.14 ATTACHMENT 2 97 98 City of La Quinta CITY COUNCIL MEETING: June 15, 2021 STAFF REPORT AGENDA TITLE: APPROVE AGREEMENT FOR CONTRACT SERVICES WITH DESERT RECREATION DISTRICT FOR MANAGEMENT AND OPERATIONS OF THE FRITZ BURNS POOL FOR FISCAL YEAR 2021/22 RECOMMENDATION Approve Agreement for Contract Services with Desert Recreation District to provide management and operation of the Fritz Burns Pool for fiscal year 2021/22; and authorize the City Manager to execute the Agreement. EXECUTIVE SUMMARY •In June 2019 Desert Recreation District (DRD) was awarded a contract for year-round management and operations of the Fritz Burns Pool (Pool). •Contract services ceased in March 2020 due to the onset of the COVID- 19 pandemic; pool operations resumed with limited capacity in March 2021. •This Agreement for Contract Services (Attachment 1) will provide for year-round pool management and operations services for fiscal year (FY) 2021/22. FISCAL IMPACT Revenues generated by the pool help offset the annual expense of the contract. The cost for these services is $145,000. The proposed 2021/22 budget for Fritz Burns Pool Contract Services is $160,000 (account no. 101- 3003-60184), which includes a 10% contingency to allow the City to respond to pool user requests for additional services, if needed, since next year is anticipated to be the first full year of service. CONSENT CALENDAR ITEM NO. 6 99 BACKGROUND/ANALYSIS DRD began pool operations in June 2019. After a successful summer, program offerings were reduced while the City purchased and installed a new heating system. The pool heater was operational January 2020. March 2020 saw the onset of the COVID-19 pandemic and all recreation programs were suspended. Staff continued to stay in contact with DRD to discuss possible pool program offerings as the allowances for outdoor activities opened in Riverside County. March 2021, the City resumed modified pool programming allowing the pool facility to be opened 3 days per week at reduced attendance. DRD has provided the City a proposal for year-round pool programming set to begin on July 1, 2021 through June 30, 2022. Various pool programs and activities, along with open and lap swim, will be offered 4-5 days per week throughout the FY. City and DRD will continue to have regular check-ins to discuss the programs and services offered to the community. DRD is moving toward a gradual reopening of Fritz Burns Pool and will continue to operate on the guidance of industry standards and align with the current public health guidance in relation to COVID-19. Upon Council approval, the new contract for pool services provides a one-year initial term with the option to extend for two additional one-year terms. Management services and programs are set to begin on July 1, 2021. ALTERNATIVES Council may elect to modify and/or deny approval of this contract, however, this would interrupt pool services and programs until another service provider is contracted. Prepared by: Christina Calderon, Community Resources Manager Approved by: Chris Escobedo, Community Resources Director Attachment: 1. Agreement for Contract Services 100 AGREEMENT FOR CONTRACT SERVICES TH IS AGREEMENT FOR CONTRACT SERVICES (the “Agreement”) is made and entered into by and between the CITY OF LA QUINTA, (“City”), a California municipal corporation, and DESERT RECREATION DISTRICT, a California special district (“Contracting Party”). The parties hereto agree as follows: 1.SERVICES OF CONTRACTING PARTY. 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contracting Party shall provide those services related to management and operations of Fritz Burns Pool, as specified in the “Scope of Services” attached hereto as “Exhibit A” and incorporated herein by this reference (the “Services”). Contracting Party represents and warrants that Contracting Party is a provider of first-class work and/or services and Contracting Party is experienced in performing the Services contemplated herein and, in light of such status and experience, Contracting Party covenants that it shall follow industry standards in performing the Services required hereunder, and that all materials, if any, will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “industry standards” shall mean those standards of practice recognized by one or more first-class firms performing similar services under similar circumstances. 1.2 Compliance with Law. All Services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of the City and any Federal, State, or local governmental agency of competent jurisdiction. 1.3 Wage and Hour Compliance, Contracting Party shall comply with applicable Federal, State, and local wage and hour laws. 1.4 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Contracting Party shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement, including a City of La Quinta business license. Contracting Party and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required for the performance of the Services required by this Agreement. Contracting Party shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the Services required by this Agreement, and shall indemnify, defend (with counsel selected by City), and hold City, its elected officials, officers, employees, and agents, free and harmless against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed ATTACHMENT 1 101 -2- against City hereunder. Contracting Party shall be responsible for all subcontractors’ compliance with this Section. 1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants that (a) it has thoroughly investigated and considered the Services to be performed, (b) it has investigated the site where the Services are to be performed, if any, and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the Services should be performed, and (d) it fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. Should Contracting Party discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by City, Contracting Party shall immediately inform City of such fact and shall not proceed except at Contracting Party’s risk until written instructions are received from the Contract Officer, or assigned designee (as defined in Section 4.2 hereof). 1.6 Standard of Care. Contracting Party acknowledges and understands that the Services contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Contracting Party’s work will be held to an industry standard of quality and workmanship. Consistent with Section 1.5 hereinabove, Contracting Party represents to City that it holds the necessary skills and abilities to satisfy the industry standard of quality as set forth in this Agreement. Contracting Party shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the Services performed by Contracting Party, and the equipment, materials, papers, and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence. The performance of Services by Contracting Party shall not relieve Contracting Party from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to City when such inaccuracies are due to the negligence of Contracting Party. 1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Party shall perform services in addition to those specified in the Scope of Services (“Additional Services”) only when directed to do so by the Contract Officer, or assigned designee, provided that Contracting Party shall not be required to perform any Additional Services without compensation. Contracting Party shall not perform any Additional Services until receiving prior written authorization (in the form of a written change order if Contracting Party is a contractor performing the Services) from 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 102 -3- 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 One Hundred Sixty Thousand Dollars ($160,000) per fiscal year, including 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. Regardless of the method of compensation set forth in the Schedule of Compensation, Contracting Party’s overall compensation shall not exceed the Contract Sum, except as provided in Section 1.7 of this Agreement. 2.2 Method of Billing & Payment. Any month in which Contracting Party wishes to receive payment, Contracting Party shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City’s Finance Director, an invoice for Services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the Services provided and direct net costs incurred, (2) specify staff member(s) who provided Services and the number of hours assigned to each , and (3) provide program revenues. Such invoice shall contain a certification by a principal member of Contracting Party specifying that the payment requested is for Services 103 -4- 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 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 104 -5- 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, 2022 (“Initial Term”). This Agreement may be extended for two (2) additional year(s) upon mutual agreement by both parties (“Extended Term”). 4. COORDINATION OF WORK. 4.1 Representative of Contracting Party. The following principals of Contracting Party (“Principals”) are hereby designated as being the principals and representatives of Contracting Party authorized to act in its behalf with respect to the Services specified herein and make all decisions in connection therewith: (a) Barb Adair, Assistant General Manager Tel No. (760) 347-3484 E-mail: badair@drd.us.com (b) Maureen Archuleta, Community Services Supervisor Tel No. (760) 347-3484 E-mail: marchuleta@drd.us.com It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Principals shall be responsible during the term of this Agreement for directing all activities of Contracting Party and devoting sufficient time to personally supervise the Services hereunder. For purposes of this Agreement, the foregoing Principals may not be changed by Contracting Party and no other personnel may be assigned to perform the Services required hereunder without the express written approval of City. 4.2 Contract Officer. The “Contract Officer”, otherwise known as Christina Calderon, Community Resources 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 105 -6- made by City to the Contract Officer, or assigned designee. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer, or assigned designee. The Contract Officer, or assigned designee, shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party without City’s express written approval shall be null, void, and of no effect. No approved transfer shall release Contracting Party of any liability hereunder without the express consent of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contracting Party, its agents, or its employees, perform the Services required herein, except as otherwise set forth herein. City shall have no voice in the selection, 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 106 -7- 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 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 107 -8- Insurance and endorsements must be approved by Agency’s Risk Manager prior to commencement of performance. 6. INDEMNIFICATION. 6.1 Indemnification. To the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, agents, and volunteers as set forth in “Exhibit F” (“Indemnification”) which is incorporated herein by this reference and expressly made a part hereof. 7. RECORDS AND REPORTS. 7.1 Reports. Contracting Party shall periodically prepare and submit to the Contract Officer, or assigned designee, such reports concerning Contracting Party’s performance of the Services required by this Agreement as the Contract Officer, or assigned designee, shall require. Contracting Party hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contracting Party agrees that if Contracting Party becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contracting Party is providing design services, the cost of the project being designed, Contracting Party shall promptly notify the Contract Officer, or assigned designee, of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contracting Party is providing design services, the estimated increased or decreased cost estimate for the project being designed. 7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer, or assigned designee, to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer, or assigned designee, shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contracting Party’s business, custody of the Books and Records 108 -9- may be given to City, and access shall be provided by Contracting Party’s successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement. 7.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium prepared or caused to be prepared by Contracting Party, its employees, subcontractors, and agents in the performance of this Agreement (the “Documents and Materials”) shall be the property of City and shall be delivered to City upon request of the Contract Officer, or assigned designee, or upon the expiration or termination of this Agreement, and Contracting Party shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contracting Party will be at City’s sole risk and without liability to Contracting Party, and Contracting Party’s guarantee and warranties shall not extend to such use, revise, or assignment. Contracting Party may retain copies of such Documents and Materials for its own use. Contracting Party shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contracting Party fails to secure such assignment, Contracting Party shall indemnify City for all damages resulting therefrom. 7.4 In the event City or any person, firm, or corporation authorized by City reuses said Documents and Materials without written verification or adaptation by Contracting Party for the specific purpose intended and causes to be made or makes any 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 109 -10- intellectual property embodied in the Documents and Materials. Contracting Party shall require all subcontractors, if any, to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contracting Party represents and warrants that Contracting Party has the legal right to license any and all of the Documents and Materials. Contracting Party makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contracting Party or provided to Contracting Party by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. 7.6 Release of Documents. The Documents and Materials shall not be released publicly without the prior written approval of the Contract Officer, or assigned designee, or as required by law. Contracting Party shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.7 Confidential or Personal Identifying Information. Contracting Party covenants that all City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussion notes, or other information, if any, developed or received by Contracting Party or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contracting Party to any person or entity without prior written authorization by City or unless required by law. City shall grant authorization for disclosure if required by any lawful administrative or legal proceeding, court order, or similar directive with the force of law. All City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussions, or other information shall be returned to City upon the termination or expiration of this Agreement. Contracting Party’s covenant under this section shall survive the termination or expiration of this Agreement. 8. ENFORCEMENT OF AGREEMENT. 8.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contracting Party covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 110 -11- 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer, or assigned designee; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party’s right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to this Article 8.0. During the period of time that Contracting Party is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default. 8.3 Retention of Funds. City may withhold from any monies payable to Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Contracting Party in the performance of the Services required by this Agreement. 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. City’s consent or approval of any act by Contracting Party requiring City’s consent or approval shall not be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contracting Party. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific 111 -12- 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 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. 112 -13- 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 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 113 -14- 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: Christina Calderon 78495 Calle Tampico La Quinta, California 92253 To Contracting Party: DESERT RECREATION DISTRICT Attention: Maureen Archuleta 45-305 Oasis Street Indio, California 92201 10.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 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 114 -15- invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 10.8 Unfair Business Practices Claims. In entering into this Agreement, Contracting Party offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contracting Party without further acknowledgment of the parties. 10.9 No Third-Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder. 10.10 Authority. The persons executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] 115 -16- 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: DESERT RECREATION DISTRICT a California Special District KEVIN KALMAN General Manager ATTEST: MONIKA RADEVA, City Clerk La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 116 Exhibit A Page 1 of 2 Last revised summer 2017 Exhibit A Scope of Services Contracting Party Responsibilities: Provide pool management and operations for Fritz Burns Pool located at 78-060 Francis Hack Lane, including but not limited to, marketing and programming. Must embody high quality standards, emphasize excellent customer services, and have ability to maintain consistently high standards while managing and operating Fritz Burns Pool. Shall meet and review, with City staff, pool operations and associated expenses on a quarterly basis. Hire aquatic class instructors and provide all program equipment, materials, supplies and tangible items needed. Responsible for hiring lifeguards and providing the required trainings, uniforms and supplies. Operate on the guidance of industry standards and aligned with public health during the COVID-19 pandemic. Proposing for a gradual reopening to operate Fritz Burns Pool offering limited hours and services to the community. A reservation/pre-registration system for pool participation will be offered for participants to enjoy aquatic activities. o Large pool will be divided into 6 sections by lane lines; maximum capacity will be 36 persons for large pool and 6 persons for small pool. o Lap swim will be offered during fitness classes; and reservation slots will be 45 minutes for use; and directional arrows and place markers will be used to insure social distancing. o Participants/guests will be able to borrow equipment for lap swim and fitness classes. o Regular cleaning and disinfection will occur at the end of each hour by staff. Regularly evaluate for compliance with the plan and document and/or 117 Exhibit A Page 2 of 2 correct deficiencies identified; and they are confident that they can meet the challenges ahead and stand ready to deliver efficient rollout to resume aquatic programming. Proposed Services will include: Lap Swim, Senior Splash, Aqua Fit, Water Aerobics, Youth Swim lessons (offered in summer months), and a pool manager to provide direct supervision of Desert Recreation District (DRD) team members. Operating Dates for 2021/22: July 1, 2021-June 30, 2022 Proposed Operating Hours: July & August 2021 & June 2022: o Monday/Wednesday/Friday mornings 8 – 11 a.m. o Monday through Friday afternoons/evenings 2 – 7 p.m.; and o Saturday afternoons 12 – 3 p.m. September 2021 – May 2022: o Monday – Thursday mornings 8 – 11 a.m. Contracting Party must make arrangements to accept applicable health insurance plans for payment of aquatic classes when participation in a class is for medical aquatic physical therapy treatment (prescribed therapeutic exercise). In order for class participant to submit health insurance plan for payment, they must provide a current prescription from their doctor for physical therapy. The prescription needs to include a valid diagnosis and the frequency/duration of treatment. If health insurance company does not cover the expenses, participant will be responsible for full class payment. All services provided by the Contracting Party must be performed to the highest industry standards and compliant with all applicable local, county, state and federal laws. CONTRACTING PARTY REPRESENTS AND WARRANTS THAT THE SCOPE OF SERVICES UNDER THIS AGREEMENT ARE FOR POOL OPERATIONS ONLY. NO CONSTRUCTION, PRE-CONSTRUCTION, ALTERATION, DEMOLITION, INSTALLATION, REPAIR, OR MAINTENANCE WORK ON THE POOL WILL BE DONE UNDER THIS AGREEMENT. 118 Exhibit B Page 1 of 2 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed One Hundred Sixty Thousand Dollars ($160,000) per fiscal year, including the initial and any extended terms (“Contract Sum”) in which the City agrees to reimburse the Contracting Party one hundred percent (100%) of the net operating costs as provided in Desert Recreation District Aquatic Program Service Account Detail (Attachment 1). The Contract Sum shall be paid to Contracting Party in monthly installment payments in an amount identified in Contracting Party’s schedule of compensation hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement. 119 Desert Recreation District Aquatic program service account detail Estimated Program Expenses Staffing & Service Enhancement $39,803.08 Part Time Salaries Pool managers $21,456.48 Lifeguards $56,938.80 Instructors $20.249.64 Total $138,448.00 Expenses Materials & supplies $1500.00. Special Fees $ 252.00 Communication $1200.00 Fleet $1200.00 General Services $ 900.00 Office Supplies $1500.00 Total $6,552.00 Total Expenses & Salaries $145,000.00 Revenue Factored at Minimum Lap Swim $ 4,320.00 Fitness Classes $13,500.00 Youth Lessons $ 6,000.00 Total $23,820.00 Difference ($121,180.00) Exhibit B Page 2 of 2 ATTACHMENT 1 120 Exhibit C Schedule of Performance Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, in accordance with the Project Schedule, attached hereto and incorporated herein by this reference. Exhibit C Page 1 of 1 121 Exhibit D Page 1 of 1  Exhibit D Special Requirements None. 122 Exhibit E Page 1 of 7  Exhibit E Insurance Requirements E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A-VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate) Must include the following endorsements: General Liability Additional Insured General Liability Primary and Non-contributory Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Personal Auto Declaration Page if applicable Errors and Omissions Liability $1,000,000 (per claim and aggregate) Workers’ Compensation (per statutory requirements) Must include the following endorsements: Workers Compensation with Waiver of Subrogation Workers Compensation Declaration of Sole Proprietor if applicable Cyber Liability $1,000,000 (per occurrence) $2,000,000 (general aggregate) 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 123 Exhibit E Page 2 of 7 the execution of this Agreement and approved by City prior to commencement of the services hereunder. Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contracting Party’s performance under this Agreement. If Contracting Party or Contracting Party’s employees will use personal autos in any way on this project, Contracting Party shall provide evidence of personal auto liability coverage for each such person. The term “automobile” includes, but is not limited to, a land motor vehicle, trailer or semi-trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to such loss. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contracting Party and “Covered Professional Services” as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Contracting Party shall carry Workers’ Compensation Insurance in accordance with State Worker’s Compensation laws with employer’s liability limits no less than $1,000,000 per accident or disease. Contracting Party shall procure and maintain Cyber Liability insurance with limits of $1,000,000 per occurrence/loss which shall include the following coverage: a.Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including credit monitoring and regulatory fines arising from such theft, dissemination or use of the confidential information. b.Network security liability arising from the unauthorized use of, access to, or tampering with computer systems. 124 Exhibit E Page 3 of 7 c.Liability arising from the failure of technology products (software) required under the contract for Consultant to properly perform the services intended. d.Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deep-linking or framing, and infringement or violation of intellectual property rights. e.Liability arising from the failure to render professional services. If coverage is maintained on a claims-made basis, Contracting Party shall maintain such coverage for an additional period of three (3) years following termination of the contract. Contracting Party shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the 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 125 Exhibit E Page 4 of 7 policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party’s or its subcontractors’ performance of work under this Agreement. E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party: 1.Contracting Party agrees to have its insurer endorse the third- party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise. 2.No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party’s employees, or agents, from waiving the right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3.All insurance coverage and limits provided by Contracting Party and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other 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. 126 Exhibit E Page 5 of 7 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all the coverages required and an additional insured endorsement to Contracting Party’s general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, at City option. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City. 9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Party, provide the same minimum insurance coverage required of Contracting Party. Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. Contracting Party agrees not to self-insure or to use any self- insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Contracting Party’s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be 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, 127 Exhibit E Page 6 of 7 the City will negotiate additional compensation proportional to the increased benefit to City. 12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 13. Contracting Party acknowledges and agrees that any actual or alleged failure on the part of City to inform Contracting Party of non- compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 14. Contracting Party will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15. Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contracting Party’s insurance agent to this effect is acceptable. A certificate of insurance and an additional insured endorsement is required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 16. The provisions of any workers’ compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents. 17. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all-inclusive. 18. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such. 128 Exhibit E Page 7 of 7 19. The requirements in this Exhibit supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 20. Contracting Party agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contracting Party for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 21. Contracting Party agrees to provide immediate notice to City of any claim or loss against Contracting Party arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 129 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 130 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 131 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. 132 City of La Quinta CITY COUNCIL MEETING: June 15, 2021 STAFF REPORT AGENDA TITLE: APPROVE AMENDMENT NO. 1 TO SOLUTIONS MAINTENANCE AGREEMENT WITH SUPERION, LLC TO PROVIDE HOSTING AND MAINTENANCE SERVICES FOR THE CITY’S PERMITTING SOFTWARE (TRAKiT) RECOMMENDATION Approve Amendment No. 1 to Solutions Maintenance Agreement with Superion, LLC, in the amount of $72,957.94, to provide hosting and maintenance services for permitting software (TRAKiT); and authorize the City Manager to execute the amendment. EXECUTIVE SUMMARY On October 13, 2013, the City entered into an agreement with CRW Systems to purchase an integrated software solution (TRAKiT) to electronically process and track all development related permits. CRW Systems was subsequently acquired by Superion, LLC. This Amendment to the Solutions Maintenance Agreement (Amendment) (Attachment 1) will provide hosting maintenance services through June 30, 2022. FISCAL IMPACT The annual cost for hosting, maintenance of existing services, and Bluebeam license which allows electronic review of plans is $72,957.94 for fiscal year (FY) 2021/22. Funds are included in the Information Technology Fund (account no. 502-0000-60301) proposed FY 2021/22 budget. BACKGROUND/ANALYSIS In October 2013, following a thorough request for proposals and selection process, TRAKiT software was selected as the City’s integrated permit software platform for the Hub. The software was originally managed by CRW Systems, which was subsequently acquired by Superion, LLC. CONSENT CALENDAR ITEM NO. 7 133 The City currently uses the permitting software to process and issue permits, and to facilitate online permit and project submittals and issuance. Hosting and maintenance services is necessary for optimization, error correction, enhancements, implementation of new releases, and general support efforts. The current Solution Maintenance Agreement includes an option to renew on an annual basis. The renewal order (Attachment 2), is for one additional year ending June 30, 2022, and provides a breakdown and lists the annual costs for providing hosting and essential maintenance services to the existing permitting software. ALTERNATIVES Staff does not recommend an alternative. Prepared by: Tommi Sanchez, Hub Manager Approved by: Danny Castro, Design and Development Director Attachments: 1. Maintenance Agreement 2.Renewal Order 134 ATTACHMENT 1 135 136 137 138 139 140 141 142 143 144 145 146 147 148 MORE INFORMATION AT CENTRALSQUARE.COM Renewal Order prepared by: Diana Buitrago diana.buitrago@centralsquare.com Thank you for your continued business. We at CentralSquare appreciate and value our relationship and look forward to serving you in the future. CentralSquare provides software that powers over 8,000 communities. More information about all of our products can be found at www.centralsquare.com. WHAT SOFTWARE IS INCLUDED? _____ PRODUCT NAME QUANTITY UNIT PRICE TOTAL Horizon Cloud for TRAKiT Annual Access Fee 1 14,586.08 USD 14,586.08 USD TRAKiT Community Development Core Annual Maintenance Fee 1 USD 0.00 USD LandTRAK Annual Maintenance Fee 1 USD 0.00 USD iTRAKiT Mobile Annual Maintenance Fee 1 USD 0.00 USD Bluebeam Server API for TRAKiT Annual Maintenance Fee 1 USD 0.00 USD CodeTRAK Annual Maintenance Fee 1 USD 0.00 USD eTRAKiT Credit Card API Annual Maintenance Fee 1 USD 0.00 USD LicenseTRAK Annual Maintenance Fee 1 USD 0.00 USD PermitTRAK Annual Maintenance Fee 1 USD 0.00 USD Renewal Order #: Q-48697 Start Date: July 1, 2021 End Date: June 30, 2022 Billing Frequency: Yearly Renewal Order prepared for: Tommi Sanchez, Hub Manager City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 (760) 777-7077 ATTACHMENT 2 149 MORE INFORMATION AT CENTRALSQUARE.COM Renewal Order prepared by: Diana Buitrago diana.buitrago@centralsquare.com ProjectTRAK Annual Maintenance Fee 1 USD 0.00 USD TRAKiT End User License Annual Maintenance Fee 1 55,125.00 USD 55,125.00 USD TRAKiT Credit Card Reader Interface Annual Maintenance Fee 1 1,102.50 USD 1,102.50 USD eTRAKiT Citizen Portal Annual Maintenance Fee 1 USD 0.00 USD CRM TRAK Annual Maintenance Fee 1 USD 0.00 USD iTRAKiT Suite Annual Maintenance Fee 1 USD 0.00 USD eTRAKiT eCheck API 1 1,041.86 USD 1,041.86 USD eTRAKiT eCheck API 1 1,102.50 USD 1,102.50 USD Renewal Order Total: 72,957.94 USD Billing Information Fees will be payable within 30 days of invoicing. Please note that the Unit Price shown above has been rounded to the nearest two decimal places for display purposes only. The actual price may include as many as five decimal places. For example, an actual price of $21.37656 will be shown as a Unit Price of $21.38. The Total for this quote has been calculated using the actual prices for the product and/or service, rather than the Unit Price displayed above. Prices shown do not include any taxes that may apply. Any such taxes are the responsibility of the Customer. This is not an invoice. For customers based in the United States or Canada, any applicable taxes will be determined based on the laws and regulations of the taxing authority(ies) governing the “Ship To” location provided by Customer on the Renewal Order Form. 150 City of La Quinta CITY COUNCIL MEETING: June 15, 2021 STAFF REPORT AGENDA TITLE: APPROVE AGREEMENT WITH THE COUNTY OF RIVERSIDE FOR ANIMAL SHELTER, FIELD AND LICENSING SERVICES FOR FISCAL YEAR 2021/22 RECOMMENDATION Approve agreement with County of Riverside, as drafted, for animal shelter, field, and licensing services for fiscal year 2021/22; authorize City Manager to approve minor revisions to the agreement that do not alter the intent of the agreement, if requested by the County; and authorize the City Manager to execute the agreement. EXECUTIVE SUMMARY •Since 2016, the City has contracted with Riverside County Department of Animal Services (RCDAS) for animal shelter, field, and licensing services. •This agreement is effective from July 1, 2021 to June 30, 2022, with two (2) automatic annual renewals through June 30, 2024, if mutually agreed upon by both parties. •The RCDAS new administration has modified the agreement template. Due to the limited time provided to review and approve a final version prior to expiration, staff is requesting approval of agreement as drafted, with Council granting City Manager authority to make minor non- substantive revisions. •All service levels remain the same. FISCAL IMPACT The estimated cost for fiscal year (FY) 2021/22 is $285,000, this is based on the new rates adopted by the Board of Supervisors on June 8, 2021 and scheduled to go into effect on July 8, 2021. Compared to last year’s budget, the new estimated cost is 27% higher. These rates will increase once more next fiscal year to accomplish full cost recovery. CONSENT CALENDAR ITEM NO. 8 151 The contract amount is included in the Code Compliance Budget (account no. 101-6004-60197). Revenue from dog licensing fees collected by the County will be credited back as a reduction on the monthly statement. In FY 2021/22, the licensing fee revenue is estimated to be $40,000. BACKGROUND/ANALYSIS In 2016, the City began to contract with RCDAS to provide animal services including shelter, licensing, and field services. The contract includes a city- dedicated Animal Control Officer, who is responsible for street patrol, related animal enforcement, and community engagement, including but not limited to citations, animal impoundment, shelter, and licensing services. Both City and RCDAS staff work closely to ensure residents’ safety and customer service are priorities. Services are evaluated on a regular basis to add special programs based on community needs, such as early patrols at hiking trails to encourage people to leash their dogs. Main services included in this agreement are: •One full-time animal control officer, •After-hours emergency services, •RCDAS dog license renewals, •Access to Coachella Valley Animal Campus Center (Thousand Palms), •RCDAS vehicle and equipment; and •Option for extended services hours (e.g. weekend/holidays). Currently, City staff continues to retain the administrative aspects of animal bites, and vicious declaration hearings per La Quinta Ordinance 530. However, RCDAS is requesting jurisdictions to adopt their County Animal Control ordinances (534, 560, 630, 716, 771 and 878) within one (1) year of signing this agreement, this is to streamline processes, increase efficiencies and update practices to be in line with nationwide practices. Once County ordinances are adopted, county will be responsible for the entire administrative enforcement process. However, if a decision is appealed to the Superior Court, or the City is otherwise sued as it pertains to animal services, the City will be responsible for its own legal representation. In addition, the agreement has additional changes related to the insurance section, field and sheltering services that staff is currently negotiating with the County. Due to the limited time provided to review and approve a final version by both parties, staff is requesting approval of the agreement as drafted, with Council granting City Manager authority to approve additional revisions that do not substantively alter intent of Attachment 1. This will allow staff to work through these items and not disrupt services. 152 ALTERNATIVES Council may elect not to approve this agreement at this time, which would require adding an animal control officer position, the purchase of an animal control vehicle, and contract sheltering and licensing services from RCDAS. If approved, this agreement continues to allow Code Compliance Officers to focus on code compliance efforts, including Short-Term Vacation Rental regulation compliance and inspections. Prepared by: Martha Mendez, Public Safety Manager Approved by: Chris Escobedo, Community Resources Director Attachment: 1. Agreement for Animal Field and Shelter Services 2. Riverside County Board of Supervisors – Rate Approval for FY 2021-22 153 154 1 AGREEMENT FOR ANIMAL FIELD AND SHELTER SERVICES BETWEEN THE CITY OF LA QUINTA AND THE COUNTY OF RIVERSIDE THIS AGREEMENT FOR ANIMAL FIELD AND SHELTER SERVICES (“Agreement”), is made and entered into as of July 1, 2021 (“Effective Date”) by and between the CITY OF LA QUINTA, a Charter City and Municipal Corporation (“CITY”), and the COUNTY OF RIVERSIDE, a political subdivision of the State of California, on behalf of its Department of Animal Services (“COUNTY”), collectively referred to as the “Parties” and individually as a “Party”. RECITALS WHEREAS, CITY desires to contract with COUNTY to provide animal field and shelter services for the purpose of safeguarding the health and safety of CITY’s population and the health and safety of its domestic animals; WHEREAS, CITY desires to promote the humane treatment of animals; WHEREAS, COUNTY has the personnel and experience to provide such services and is willing to enter into a contract with CITY for the provision of such services subject to the terms and conditions for compensation as hereinafter set forth; and NOW, THEREFORE, for and in consideration of the mutual covenants, conditions and advantages herein stated, the Parties hereto agree as follows: SECTION I. OBLIGATIONS OF PARTIES A.Recitals: 1.The aforementioned Recitals are true and correct and incorporated herein by this reference. B.County Obligations: 1.COUNTY shall provide the field and shelter services within the corporate limits of CITY as outlined and specified in Exhibit A, Scope of Animal Field Services, attached hereto and incorporated herein by this reference, and; Exhibit B, Scope of Animal Shelter Services, attached hereto and incorporated herein by this reference; attached hereto and incorporated herein by this reference. C.City Obligations: 1.CITY shall reimburse COUNTY for the services performed and the expenses incurred as set forth in Section III., Compensation, and Exhibit C, Payment Provisions, attached hereto and incorporated herein by this reference. 2. In order for COUNTY to provide the full scope of services to CITY under this Agreement, within one (1) year following the Effective Date of this Agreement, CITY shall adopt the current verbatim language of the regulations, provisions, ATTACHMENT 1 Agreement No. 21-002 155 Agreement No. 21-002 2 and rates found in Riverside County Ordinance Nos. 534, 560, 630, 716, 771, and 878 (“Animal Control Ordinances”), and shall amend its CITY municipal code when COUNTY amends its Animal Control Ordinances, from time to time. COUNTY shall provide the verbatim language to the CITY that shall be adopted into CITY’s municipal codes. Notwithstanding the foregoing, CITY retains all legislative authority pertaining to the regulation of animals within its jurisdiction. SECTION II. PERIOD OF PERFORMANCE The Effective Date of this Agreement shall be from July 1. 2021 through June 30, 2022, renewable automatically in one (1) year increments through June 30, 2024, if mutually agreed upon by the Parties, unless terminated earlier as provided herein under Section VI, Termination. SECTION III. COMPENSATION CITY shall reimburse COUNTY for the services performed and the expenses incurred in accordance with the terms of Exhibit C, subject to any applicable changes in the rates and fees adopted by the Board of Supervisors of COUNTY. SECTION IV. HOLD HARMLESS/INDEMNIFICATION A.CITY shall indemnify and hold harmless the County of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives from any liability, claim, damage or action whatsoever, based or asserted upon any actions of CITY, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature whatsoever and resulting from any reason whatsoever arising from the negligent or willful actions by CITY, its officers, agents, employees, subcontractors, agents or representatives of this Agreement. CITY shall defend, at its sole expense, all costs and fees including but not limited to attorney fees, cost of investigation, defense and settlements or awards of all Agencies, Districts, Special Districts and Departments of the County of Riverside, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives in any such action or claim or action based upon such alleged acts or omissions. B.With respect to any action or claim subject to indemnification herein by CITY, CITY shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of COUNTY; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes CITY’s indemnification to COUNTY as set forth herein. CITY’s obligation to defend, indemnify and hold harmless COUNTY shall be subject to COUNTY having given CITY written notice within a reasonable period of time of the claim or of the commencement of the related action, as the case may be, and information and reasonable assistance, at CITY’s expense, for the defense or settlement thereof. CITY’s obligation hereunder shall be satisfied when CITY has provided to COUNTY the appropriate form of dismissal relieving COUNTY from any liability for the action or claim involved. 156 Agreement No. 21-002 3 C.The specified insurance limits required in this Agreement shall in no way limit the CITY’s obligations to indemnify and hold harmless COUNTY herein from third party claims. D.COUNTY shall indemnify and hold harmless the CITY, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, City Council, elected and appointed officials, employees, agents and representatives from any liability, claim, damage or action whatsoever, based or asserted upon any actions of COUNTY, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature whatsoever and resulting from any reason whatsoever arising from the negligent or willful actions by COUNTY, its officers, agents, employees, subcontractors, agents or representatives of this Agreement. COUNTY shall defend, at its sole expense, all costs and fees including but not limited to attorney fees, cost of investigation, defense and settlements or awards of all Agencies, Districts, Special Districts and Departments of the CITY, their respective directors, officers, City Council, elected and appointed officials, employees, agents and representatives in any such action or claim or action based upon such alleged acts or omissions. E.With respect to any action or claim subject to indemnification herein by COUNTY, COUNTY shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of CITY; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes COUNTY’s indemnification to CITY as set forth herein. COUNTY’S obligation to defend, indemnify and hold harmless CITY shall be subject to CITY having given COUNTY written notice within a reasonable period of time of the claim or of the commencement of the related action, as the case may be, and information and reasonable assistance, at COUNTY’s expense, for the defense or settlement thereof. COUNTY’s obligation hereunder shall be satisfied when COUNTY has provided to CITY the appropriate form of dismissal relieving CITY from any liability for the action or claim involved. F.The specified insurance limits required in this Agreement shall in no way limit the COUNTY’s obligations to indemnify and hold harmless CITY herein from third party claims. SECTION V. INSURANCE Without limiting or diminishing the COUNTY’s obligation to indemnify or hold the CITY harmless, COUNTY shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverages during the term of this Agreement. As respects to the insurance section only, the CITY herein refers to the City of La Quinta, its Officers, Officials, Employees, Volunteers, and Agents. A.Workers’ Compensation: COUNTY shall maintain Workers’ Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. The policy shall include Employers’ Liability (Coverage B) 157 Agreement No. 21-002 4 including Occupational Disease with limits not less than $1,000,000 per person per accident. The policy shall be endorsed to waive subrogation in favor of CITY. B. Commercial General Liability: Commercial General Liability insurance coverage, including but not limited to, premises liability, unmodified contractual liability, products and completed operations liability, personal and advertising injury, and cross liability coverage, covering claims which may arise from or out of COUNTY’s performance of its obligations hereunder. Policy shall name the CITY as Additional Insured. Policy’s limit of liability shall not be less than $2,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit. C. Vehicle Liability: If vehicles or mobile equipment are used in the performance of the obligations under this Agreement, then COUNTY shall maintain liability insurance for all owned, non-owned or hired vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit. Policy shall name the CITY as Additional Insured. D. General Insurance Provisions – All Lines: 1. Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an AM BEST rating of not less than A:VII (A:8) unless such requirements are waived, in writing, by the CITY Risk Manager. If the CITY’s Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term. 2. The COUNTY must declare its self-insured retention for each coverage required herein. If any such self-insured retention exceeds $500,000 per occurrence each such retention shall have the prior written consent of the CITY Risk Manager before commencement of operations under this Agreement. Upon notification of self-insured retention unacceptable to the CITY, and at the election of the CITY’s Risk Manager, COUNTY’s carriers shall either; • Reduce or eliminate such self-insured retention as respects this Agreement with the CITY, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. • 3. COUNTY shall cause COUNTY’s insurance carrier(s) to furnish the CITY with either: • A properly executed original Certificate(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein, and 2) if requested to do so thereto, showing such insurance is in full force and effect. Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that a minimum of thirty (30) days written 158 Agreement No. 21-002 5 notice shall be given to the CITY prior to any modification, cancellation, expiration or reduction in coverage of such insurance. If COUNTY insurance carrier(s) policies do not meet the minimum notice requirement found herein, COUNTY shall cause COUNTY’s insurance carrier(s) to furnish a 30 days’ Notice of Cancellation Endorsement. 4. In the event of a material modification, cancellation, expiration, or reduction in coverage, this Agreement shall terminate forthwith, unless the CITY receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverages set forth herein and the insurance required herein is in full force and effect. COUNTY shall not commence operations until the CITY has been furnished original Certificate(s) of Insurance and certified original copies of endorsements and if requested, certified original policies of insurance including all endorsements and any and all other attachments as required in the Section. An individual authorized by the insurance carrier to do so on its behalf shall sign the original endorsements for each policy and the Certificate of Insurance. It is understood and agreed to by the parties hereto that the COUNTY’s insurance shall be construed as primary insurance, and the CITY’s insurance and/or deductibles and/or self-insured retentions or self-insurance programs shall not be construed as contributory. If, during the term of this Agreement or any extension thereof, there is a material change in the scope of services; or, there is a material change in the equipment to be used in the performance of the scope of work; or, the term of this Agreement, including any extensions thereof, exceeds five (5) years; the CITY reserves the right to adjust the types of insurance and the monetary limits of liability required under this Agreement, if in the CITY Risk Manager’s reasonable judgement, the amount or type of insurance carried by the COUNTY has become inadequate. 5. COUNTY shall pass down the insurance obligations contained herein to all tiers of subcontractors working under this Agreement. 6. The insurance requirements contained in this Agreement may be met with a program(s) of self-insurance acceptable to the CITY. 7. COUNTY agrees to notify CITY of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement. Without limiting or diminishing the CITY’s obligation to indemnify or hold the COUNTY harmless, CITY shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverage’s during the term of this Agreement. As respects to the insurance section only, the COUNTY herein refers to the County of Riverside, its Agencies, Districts, Special Districts, and Departments, their respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents or representatives as Additional Insureds. A. Workers’ Compensation: If the CITY has employees as defined by the State of California, the CITY shall maintain statutory 159 Agreement No. 21-002 6 Worker’s Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers’ Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident. The policy shall be endorsed to waive subrogation in favor of The County of Riverside. B. Commercial General Liability: Commercial General Liability insurance coverage, including but not limited to, premises liability, unmodified contractual liability, products and completed operations liability, personal and advertising injury, and cross liability coverage, covering claims which may arise from or out of CITY’s performance of its obligations hereunder. Policy shall name the COUNTY as Additional Insured. Policy’s limit of liability shall not be less than $2,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit. C. Vehicle Liability: If vehicles or mobile equipment are used in the performance of the obligations under this Agreement, then CITY shall maintain liability insurance for all owned, non-owned or hired vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit. Policy shall name the COUNTY as Additional Insureds. D. General Insurance Provisions – All Lines: 1) Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A M BEST rating of not less than A:VII (A:8) unless such requirements are waived, in writing, by the County Risk Manager. If the County’s Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term. 2) The CITY must declare its self-insured retention for each coverage required herein. If any such self-insured retention exceed $500,000 per occurrence each such retention shall have the prior written consent of the County Risk Manager before commencement of operations under this Agreement. Upon notification of self-insured retention unacceptable to the COUNTY, and at the election of the County’s Risk Manager, CITY’s carriers shall either; 1) reduce or eliminate such self-insured retention as respects this Agreement with the COUNTY, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. 3) CITY shall cause CITY’s insurance carrier(s) to furnish the County of Riverside with either 1) a properly executed original Certificate(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein, and 2) if requested to do so thereto, showing such insurance is in full force and effect. Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that a minimum of thirty (30) days written notice shall be given to the County of Riverside prior to any modification, cancellation, expiration or reduction in coverage of such insurance. If CITY insurance carrier(s) policies do not meet the minimum notice requirement found herein, CITY shall cause CITY’s insurance carrier(s) to furnish a 30 days’ Notice of Cancellation Endorsement. 160 Agreement No. 21-002 7 4) In the event of a material modification, cancellation, expiration, or reduction in coverage, this Agreement shall terminate forthwith, unless the County of Riverside receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachment thereto evidencing coverage’s set forth herein and the insurance required herein is in full force and effect. CITY shall not commence operations until the COUNTY has been furnished original Certificate(s) of Insurance and certified original copies of endorsements and if requested, certified original policies of insurance including all endorsements and any and all other attachments as required in the Section. An individual authorized by the insurance carrier to do so on its behalf shall sign the original endorsements for each policy and the Certificate of Insurance. 5) It is understood and agreed to by the parties hereto that the CITY’s insurance shall be construed as primary insurance, and the COUNTY’s insurance and/or deductibles and/or self-insured retention’s or self-insurance programs shall not be construed as contributory. 6) If, during the term of this Agreement or any extension thereof, there is a material change in the scope of services; or, there is a material change in the equipment to be used in the performance of the scope of work; or, the term of this Agreement, including any extensions thereof, exceeds five (5) years; the COUNTY reserves the right to adjust the types of insurance and the monetary limits of liability required under this Agreement, if in the County Risk Management’s reasonable judgement, the amount or type of insurance carried by the CITY has become inadequate. 7) CITY shall pass down the insurance obligations contained herein to all tiers of subcontractors working under this Agreement. 8) The insurance requirements contained in this Agreement may be met with a program(s) of self-insurance acceptable to the COUNTY. 9) CITY agrees to notify COUNTY of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement. SECTION VI. TERMINATION A. Either Party may terminate this Agreement without cause upon no earlier than six (6) months advance written notice served on the other Party stating the extent and effective date of termination. B. If a six (6) month notice of termination is served on the other Party, after receiving said notice of termination, COUNTY shall stop work under this Agreement on the termination date specified in the notice of termination; and after termination, CITY shall make payment to COUNTY for performance up to the date of termination in accordance with this Agreement. SECTION VII. FORCE MAJEURE If either Party is unable to comply with any provision of this Agreement due to causes beyond its reasonable control, and which could not have been reasonably anticipated, such as acts of God, acts of war, civil disorders, or other similar acts, such Party shall not be held liable for such failure to comply. SECTION VIII. AMENDMENTS Any amendments, including but not limited to alterations, variations, or supplements, to the terms 161 Agreement No. 21-002 8 of this Agreement shall be in writing and signed by the Parties hereto, and shall have the approval of the Board of Supervisors of COUNTY and CITY’s City Council. Any amendments will be presented to CITY’s City Manager prior to CITY’s City Council approval. This Agreement, including any exhibits, constitutes the entire Agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous representations, proposals, discussions and communications, whether oral or in writing. SECTION IX. SEVERABILITY Each paragraph or provision of this AGREEMENT is severable from each other provision, and if any provision or part thereof is declared invalid, the remaining provisions shall nevertheless remain in full force and effect. SECTION X. RECORDS COUNTY shall maintain and keep records of all expenditures and obligations incurred pursuant to this Agreement and all income and fees received thereby according to generally recognized accounting principles. Such records and/or animal control operations of COUNTY shall be open to inspection and audit by CITY or its authorized representative as is deemed necessary by the CITY’s City Manager, or designated representative, upon written notice to COUNTY. SECTION XI. NO THIRD-PARTY BENEFICIARIES This Agreement between the Parties is intended for the mutual benefit of the two signing Parties only. No rights are created under this Agreement in favor of any third party or any party who is not a direct signatory to this Agreement. SECTION XII. NONDISCRIMINATION COUNTY shall not discriminate in the provision of services, allocation of benefits, accommodation in facilities, or employment of personnel on the basis of race, ethnicity, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition, marital status, sex, sexual orientation, or gender identity in the performance of this Agreement; and, to the extent they shall be found to be applicable hereto, shall comply with the provisions of the California Fair Employment and Housing Act (Gov. Code 12900 et. seq.), the Federal Civil Rights Act of 1964 (Pub. L. 88-352) and the Americans with Disability Act of 1990 (42 U.S.C. 12101 et seq.). SECTION XIII. DISPUTE RESOLUTION AND VENUE A. The Parties shall attempt to resolve any disputes amicably at a working level. If that is not successful, the dispute shall be referred to the senior management of the Parties. B. Prior to filing any legal action related to this Agreement, the Parties shall be obligated to attend a mediation session in Riverside County before a neutral third-party mediator. A second mediation session shall be required if the first session is not successful. The Parties shall share the cost of the mediations. C. This Agreement shall be governed by the laws of the State of California. Any legal action 162 Agreement No. 21-002 9 related to the performance or interpretation of this Agreement shall be filed only in the Superior Court of the State of California located in Riverside, California, and the Parties waive any and all provisions of law providing for a change of venue to another location. SECTION XIV. ASSIGNMENT This Agreement shall be binding upon COUNTY and its successors. Neither this Agreement nor any part thereof nor any moneys due or to become due hereunder may be assigned by the Parties without the prior written consent of the other Party. CITY and COUNTY hereby agree to the full performance of the covenants contained herein. SECTION XV. NOTICES All correspondence and notices required or contemplated by this Agreement shall be delivered to the respective Parties at the addresses set forth below and are deemed submitted two (2) days after their deposit in the United States mail, postage prepaid: COUNTY: Department of Animal Services Attention: Director 6851 Van Buren Boulevard Jurupa Valley, CA 92509 CITY: City of La Quinta Attention: City Manager 78-495 Calle Tampico La Quinta, CA 92253 SECTION XVI. CONTRACT PERFORMANCE COUNTY’s Director of Department of Animal Services, or designated representative, shall meet as necessary to discuss contract performance with CITY’s City Manager, or designated representative. SECTION XVII. HEADINGS The Section and other headings contained in this Agreement are included for the purpose of convenient reference only and shall not restrict, amplify, modify or otherwise affect in any way the meaning or interpretation of this Agreement or the exhibits and schedules hereto. SECTION XVIII. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement, binding on all of the Parties. SECTION XIV. WAIVER OF BREACH, RIGHT OR REMEDY The waiver by any Party of any breach or violation by another Party of any provision of this Agreement or of any right or remedy permitted the waiving Party in this Agreement (a) shall not waive or be construed to waive any subsequent breach or violation of the same provision, (b) shall not waive or be construed to waive a breach of violation of any other provision, and (c) shall be in writing and may not be presumed or inferred from any Party’s conduct. Except as expressly 163 Agreement No. 21-002 10 provided otherwise in this Agreement, no remedy conferred by this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be in addition to every other remedy granting in this Agreement or now or hereafter existing at law or in equity, by statute or otherwise. The election of any one or more remedies by a Party shall not constitute a waiver of the right to pursue other available remedies. SECTION XV. INDEPENDENT CONTRACTOR The COUNTY is acting as an independent contractor to the CITY under this Agreement. Each Party to this Agreement shall have no power to incur any debt, obligation, or liability on behalf of another Party to this Agreement. SECTION XVI. COOPERATION, FURTHER ACT The Parties shall cooperate fully with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. [Signature Provisions on Following Page] 164 Agreement No. 21-002 10 IN WITNESS WHEREOF, the Parties hereto have caused their duly authorized representatives to execute this Agreement. COUNTY OF RIVERSIDE, a Political Subdivision of the State of California By: Karen Spiegel, Chair Board of Supervisors CITY OF LA QUINTA, a Charter City and Municipal Corporation By: Jon McMillen City Manager ATTEST: Kecia R. Harper Clerk of the Board By: Deputy ATTEST: Monika Radeva City Clerk By: City Clerk APPROVED AS TO FORM: Gregory P. Priamos County Counsel By: Darren C. Ziegler Deputy County Counsel APPROVED AS TO FORM: By: William H. Ihrke City Attorney 165 Agreement No. 21-002 A-1 SCOPE OF ANIMAL FIELD SERVICES CITY OF LA QUINTA EXHIBIT A The County of Riverside, on behalf of its Department of Animal Services (“COUNTY”), agrees to provide the following animal field services for the City of La Quinta (“CITY”): A.PROVISION OF FIELD SERVICES The animal field services to be provided by COUNTY for CITY within the corporate limits of CITY shall include the following activities: 1.Field Service Assistance: Respond to all calls for field service assistance pursuant to the priority of calls as described in Section E below. 2.Impoundment: Impound dogs and livestock found at large and collect such impound fees as established in the appropriate CITY municipal code. 3.Proper Care and Treatment: Provide humane care and treatment to any stray or abandoned animal impounded by field personnel in accordance with State of California (“State”) laws and regulations. 4.Animal Bites: Investigate reported bites by animals. COUNTY shall respond to all reported bites by dogs, cats, or by suspected rabid or wild animals. COUNTY shall only be responsible for administrative proceedings resulting therefrom. 5.Quarantine: Quarantine all animals suspected be rabid and/or that have bitten a person as prescribed by the California Compendium of Rabies Control and Prevention, the State law, COUNTY policy, and appropriate CITY municipal code (Title 10). 6.Stray and Barking Animal (Nuisance) Complaints: Respond to and process nuisance complaints, including stray and barking animal complaints as referenced in County of Riverside County Ordinance (Title 6) or appropriate City Municipal Code (Title 10). COUNTY shall only be responsible for administrative enforcement proceedings resulting therefrom. 7.Dead Animals: Remove dead animals from the public right-of-way except in such cases where an animal is on a state highway within CITY limits. In such cases, COUNTY shall immediately (or as soon as practicable) notify the State Department of Transportation by telephone, facsimile, email or other means. 8.Return of Impounded Animals: Encourage the return of any lost/stray animal impounded by field personnel while in the field to the rightful owner, subject to the payment of impound fees. Ensure an opportunity for members of the public to report lost and found animals online. 166 Agreement No. 21-002 A-2 9. Kennels and Catteries: COUNTY shall enforce the prohibition of kennels and catteries as referenced in City Municipal Code Title 10, and Title 9. 10. Issuance of Warnings and Citations: Enforce all appropriate provisions of CITY’s municipal code as necessary, including the issuance of warning notices or citations, for violations of the provisions of said municipal code. COUNTY shall only be responsible for administrative enforcement proceedings resulting therefrom. 11. Service to Public: Provide service to the public on matters covered in this Agreement consistent with established policies and procedures that promote courteous and efficient service and good public relations. Other policies and procedures notwithstanding, COUNTY, in processing any type of complaint or request for service, shall indicate to the caller that a response can be expected as per Section E below. 12. Field Services Related to Canine Licenses: COUNTY shall verify canine license status when responding to requests for service or when responding to complaints about animal behavior. The Animal Control Officer, as part of the officer's regular animal control duties as defined by, but not limited to, the terms of this Agreement, shall conduct license inspection activities during animal control investigations to ascertain the number of unlicensed dogs, to license such dogs, and to foster compliance with CITY’s municipal code. 13. Wildlife: COUNTY will not impound free roaming wildlife unless it is a danger to the community, unhealthy, injured, or part of an animal cruelty or animal bite case. 14. Mutual Animal Welfare Programs: If mutually agreeable between the Parties, COUNTY and CITY shall work together to establish animal welfare programs that benefit the animals and residents of CITY. 15. COUNTY will perform humane investigations of suspected animal neglect and cruelty and will be responsible for investigation, citation and preparing materials for prosecution. 16. COUNTY and CITY will work together on educational outreach, promotion of spay/neuter and vaccination clinics, other owner surrender diversion programs, responsible pet ownership and adoption programs and activities. 17. In case of a disaster, COUNTY and CITY will work collaboratively on animal needs and communication as it related to rescue, response and recovery efforts. 167 Agreement No. 21-002 A-3 B. SHELTER CARE AND DISPOSITION SERVICES The COUNTY shall house CITY’s animals at the Coachella Valley Animal Campus, or other County operated shelter at the County’s discretion, as set forth in Exhibit B. C. PROVISION OF VEHICLES AND RADIO EQUIPMENT COUNTY shall provide animal control vehicles and equip them with the appropriate animal control boxes mounted on the truck chassis and with an air conditioning unit mounted on the animal control truck boxes for use in the provision of services as set forth in this Agreement. The COUNTY shall fuel and maintain said vehicles. D. MISSING OR STOLEN ANIMALS COUNTY shall file a report with the appropriate law enforcement agency within twenty-four (24) hours if an impounded animal is missing or suspected to have been stolen from an animal control vehicle or while in COUNTY’s custody. COUNTY shall indicate on the police report the circumstances of the animal's disappearance. E. PRIORITY OF FIELD SERVICES 1. “Services” are those enforcement activities rendered by COUNTY pursuant to the relevant sections of CITY’s municipal code and related State law, and are assembled for into two categories: Emergency and Non-Emergency. 2. “Priority Ranking” refers to the order of priority with which a call will be handled. All calls will go directly to the dispatcher or assigned clerical staff for relay to the Animal Control Officer. If a call is “exceptional,” a set forth in Section F below, it shall be referred to the supervisor for evaluation and processing. 3. The following definitions of “Regular Service Hours,” “Limited Service Hours” and “Holidays” are intended to identify the broad time frames during which specific levels of service will be provided. a. “Regular Service Hours” are between the hours of 7:30 am to 5:00 pm, Monday through Friday, Holidays excepted. b. “Limited Service Hours” are between the hours of 5:00 pm to 7:30 am, Monday through Friday, all day Saturday, Sunday and on Holidays. c. “Holidays” are those days as established by the COUNTY and the CITY where the CITY or COUNTY is closed for service on a business day that would otherwise be a regular service day. 4. Field service activities shall be performed daily and generally based on both the Priority Ranking and the time a call for service is received in accordance with this Agreement. All calls involving imminent danger shall be responded to within sixty (60) minutes if 168 Agreement No. 21-002 A-4 reasonably possible, subject to considerations involving the time of day, traffic conditions, or other circumstances. An Animal Control Officer shall respond to animal medical emergencies and other emergencies involving danger to humans within thirty (30) minutes or less during Regular Service Hours, and within sixty (60) minutes or less during Limited Service Hours and Holidays. CITY acknowledges that response time may be affected by traffic congestion or other hindering circumstances uncontrollable by COUNTY. COUNTY shall provide a means for responding to calls for service that take place during Limited Service Periods which are of an emergent nature pursuant to this Exhibit A. Field service personnel may be assigned to patrol and perform other service field tasks as defined by COUNTY and CITY. 5. Telephone Service: The COUNTY shall respond to telephone calls for field services during Regular Service Hours. Calls shall be received by the COUNTY answering service during Limited Service Hours and on Holidays, as noted above. Calls answered by the answering service will be handled on an emergency basis as outlined in this Exhibit A. The dispatcher and/or clerical support staff shall maintain a detailed record of all requests for service, both emergency and routine, received during Regular Service Hours and Limited Service Hours, including time and date, when the calls were answered, and the disposition of those calls. Records of these calls shall be maintained for at least thirty (30) days. 6. The CITY and COUNTY agree that any incident reports to the COUNTY by residents or through emergency services involving a dangerous, aggressive, wild, injured or sick animal constitute an emergency and require immediate action by the COUNTY pursuant to this Agreement. Calls for service received during Limited Service Hours that are not of an emergent nature shall be answered by an answering service and referred to call-back on the next business day during phone center operational hours. These calls will then be scheduled for response in accordance with this Exhibit A. 7. Calls Considered Emergencies to be Handled Without Delay: a. Animals endangering health or safety of the community. b. Police Department requests for service c. Sick or injured stray animals d. Animals in distress e. Humane investigations that are life threatening. (Depending on immediate circumstances) f. Dead animal removal that impedes traffic. 8. Calls Considered Non-Emergency to be Handled during Regular Service Hours: a. Pick-up confined, healthy, stray-animals b. Dead animal removal c. Quarantine investigations d. Leash law enforcement e. Nuisance animal investigations f. Permit investigations F. EXCEPTIONS 169 Agreement No. 21-002 A-5 The Director of Animal Control, or designee, may, on a case-by-case basis, authorize variations of priority when circumstances require. COUNTY shall provide a written report within five (5) business days of making a determination that a variation in priority was required. Qualifying incidents will be determined by the responding officer. G. LICENSE FEES (Section 2 of Riverside County Ordinance 630) Licenses shall be issued upon receipt of all licensing requirements including payment of the license fees at the same rate as established in Section 2 of Riverside County Ordinance No. 630 and are subject to change as amended by COUNTY’s Board of Supervisors, from time to time. H. RABIES VACCINATION CERTIFICATE DATA Rabies vaccination certificates shall be collected from area veterinarians and downloaded into COUNTY’s database after the data has been scrubbed of inconsistencies. Reminders of licensing requirements shall be automatically generated and mailed to dog owners. Those owners who fail to comply may be subsequently issued administrative citations. Remittance options include the web licensing portal on COUNTY’s website, www.rcdas.org. COUNTY shall verify dog license status when responding to requests for service or when responding to complaints. COUNTY shall also provide an automated or manual verification system whereby owners can verify the status of their animal’s license by telephone. I. COLLECTION OF LICENSE FEES: CITY authorizes COUNTY to issue and collect the fees for canine licenses and retain ten dollars ($10) per license on any and all canine license revenue generated by CITY residents during the term of the Agreement. All fees collected for canine licenses shall be accounted for by the COUNTY on a monthly basis and the COUNTY shall credit to CITY the net amount of license fees collected for each month. For purposes of this Agreement, the net amount of license fees shall mean the total amount of license fees collected in a month less the sum total of $10 per each canine license issued and shall be separate and apart from the monthly compensation rate due and payable by the CITY as required in Exhibit C, Payment Provisions. / 170 Agreement No. 21-002 B-1 SCOPE OF ANIMAL SHELTER SERVICES CITY OF LA QUINTA EXHIBIT B The County of Riverside, on behalf of its Department of Animal Services (“COUNTY”), agrees to provide the following Animal Shelter Services for the City of La Quinta (“CITY”). All capitalized terms set forth herein are defined in Section B below. A. COUNTY ANIMAL SHELTER LOCATION 1. Shelter Location: The COUNTY shall maintain CITY’s animals at the Coachella Valley Animal Campus (“Shelter”), or other shelter operated by COUNTY at COUNTY’s discretion. The COUNTY shall be responsible for the operation and maintenance of its shelters and the care of the animals on a twenty-four (24) hour basis. 2. Shelter Hours of Operation: COUNTY shall maintain hours of operation at the Shelter to provide maximum public access to the animals, to the extent possible. B. DEFINITIONS 1. Animal Shelter Services” shall include the following activities and services: a. Impoundment, admittance, receipt of, care of, custody of and/or feeding of any and all stray animals. b. Redemption, treatment, sale, adoption, and/or disposal of all animals. c. Counseling and advising animal owners. d. Posting on Shelter’s website of photographs of all newly impounded animals and identifying each animal individually. e. Ensuring that all dogs, four (4) months and older, released from the COUNTY to a resident of County of Riverside are licensed, microchipped, and spayed/neutered and, if not licensed, to sell license to the owner or other person taking custody of such dog. In accordance with COUNTY ordinances, require the micro-chipping of released animals at the owner’s expense. f. Humane euthanasia of animals as lawful and necessary, including the creation of a log detailing those animals that are euthanized and the reasons for such euthanasia on an animal-by-animal basis. This log shall include whether the animal was unhealthy and/or unsuitable for adoption. g. Proper disposal of dead animals at the rate as set forth in Exhibit C, Payment Provisions. h. “Care” includes, but is not limited to providing a safe, temporary refuge for any animal impounded, and providing needed medical services for injured/sick animals or transfer of animal to the appropriate agency. 2. “Adoptable Animal” shall mean an animal eight (8) weeks of age or older that at or subsequent to the time the animal is impounded or taken into possession, has manifested no sign of disease, injury, or congenital or hereditary condition that adversely affects the 171 Agreement No. 21-002 B-2 health or temperament of the animal, or that is likely to adversely affect the animal’s health in the future. Dogs declared “vicious” or “potentially dangerous” under State and/or local laws shall be deemed unadoptable. 3. “Treatable” shall mean an animal with a medical condition such as skin problems, bad flea or skin infestations, a broken limb, abscesses, or problems that may be treated with appropriate resources, holding space, treatment and/or time. “Treatable” shall also mean an animal with behavioral conditions that may be corrected with time and proper training, such as chasing animals/objects, food aggression, etc. 4. “Untreatable Animal” shall mean any animal that is irremediably suffering from a serious illness or physical injury or behavioral condition and shall not be held for owner redemption or adoption. 5. “Impounded Animal” shall include animals found running at large, removed from private property, or that are taken into the shelter by COUNTY or law enforcement. 6. “Seized Animal” shall include animals that are confiscated under Penal Code 597.1 from an owner when ordered by a court of competent jurisdiction, whether the seizure was determined justified or not, when exigent circumstances exist. C. SCOPE OF ANIMAL SHELTER SERVICES 1. Treatment of Animals: COUNTY shall provide adequate care and treatment of CITY’s animals whiles in custody of COUNTY to ensure that impounded animals are provided with humane and appropriate levels of care, including a clean environment, fresh water, adequate nutrition and appropriate medical care. 2. Level of Service Provided: COUNTY shall provide Animal Shelter Services as defined in this Agreement. COUNTY’s policies and procedures for Animal Shelter Services shall be based on standards and/or guidelines derived from reputable animal care organizations including, but not limited to, the Humane Society of the United States, American Humane Association and American Veterinary Medical Association. 3. Feeding Protocols: All animals shall be fed in amounts appropriate to meet their nutritional needs. 4. Disease Control and Sanitation: COUNTY shall maintain the Shelter in a clean and sanitary condition. COUNTY’s policies and procedures may include beneficial standards and/or guidelines derived from reputable animal care organizations including, but not limited to, the Humane Society of the United States, American Humane Association and American Veterinary Medical Association. 5. Provision of Personnel and Supplies: COUNTY shall provide personnel, supplies, materials, medication, pharmaceuticals, and equipment, including forms and reports, to perform all aspects of the Animal Shelter Services described herein. 6. Holding Periods: COUNTY shall hold all stray-impounded animals, not otherwise owner identifiable, for the holding periods as required by State law. 172 Agreement No. 21-002 B-3 7. Euthanasia: Humane euthanasia services shall be provided as required for impounded animals held at the Shelter for the lawful number of days, if such animal is not reclaimed by the animal’s owner and is deemed not adoptable by COUNTY. Untreatable Animals that are irremediably suffering from a serious illness or severe injury may not be held for owner redemption or adoption. Only euthanasia methods approved by the American Veterinary Medical Association shall be used. Records shall be kept for a period of not less than three (3) years on each euthanized animal shall include the following information: breed; sex; color; weight; other distinguishing characteristics; date, time and location where animal was found; method of euthanasia, and reason for use of method. 8. Quarantine: COUNTY shall quarantine, as prescribed by the California Compendium of Rabies Control and Prevention, State law, COUNTY and CITY policy, all animals suspected of being rabid, or involved in a bite investigation. Impoundments and Quarantines: COUNTY shall house, feed and care for all animals impounded and/or quarantined at the Shelter. Quarantined animals may be quarantined at the owner’s home or an alternate location. 9. Animals Surrendered by their Owners: Any pet surrendered by the owner to an Animal Control Officer and transported to the COUNTY shelter shall incur prevailing owner surrender charges. Such fees shall be collected from the owner and conveyed to the COUNTY, or be charged directly to the CITY at the established stray animal rate. a. Animals Surrendered by their Owners: Owner Surrenders will be impounded on a case by case basis. Diversion programs will be offered to assist with pet retention. CITY shall direct their constituents to consult with COUNTY to surrender their pet. COUNTY will offer CITY’s constituents assistance through diversion programs. 10. Any pet surrendered by the owner to an Animal Control Officer and transported to the COUNTY shelter shall incur prevailing owner surrender charges. Such fees shall be collected from the owner and conveyed to the COUNTY, or be charged directly to the CITY at the established stray animal rate. CITY shall not accept owner surrenders in the field prior to the constituent consulting the COUNTY. 11. Wildlife: COUNTY Control Officers will work with constituents to ensure public safety while maintaining wildlife in the wild. COUNTY Control Officers will triage wildlife reports to determine the appropriate response. Wildlife will be impounded if there is a public safety hazard, if the animal’s welfare is at risk, if the animal is injured or orphaned, if the animal has been involved in a bite, or involved in an animal cruelty investigation. 12. Vicious and Potentially Dangerous Dogs: Any dog declared or determined to be vicious /dangerous, as set forth in CITY’s municipal codes (Title 10), and in custody of COUNTY either under impoundment or quarantine shall be deemed unsuitable for adoption and shall not be released except as required by State law or at the direction of the Director of Animal Services. 173 Agreement No. 21-002 B-4 13. Incoming Animal Identification: Incoming animals shall be checked immediately for collar tags and scanned for microchip by qualified Shelter staff within one (1) hour of arrival to the Shelter. Shelter staff shall make all attempts to notify owners within twenty- four (24) hours of an Impounded Animal delivered by CITY to COUNTY. Animal Control Officers shall attempt to return animals in the field prior to delivering the impounded animal to the shelter. Animal Control Officers shall scan animals in the field for microchips, call phone numbers on tags or research license numbers in an effort to reunite animals in the field. 14. Incoming Animal Examinations/Assessments: A cursory exam of an animal shall be performed within twelve (12) hours, except during Limited Service Hours when the examination will be performed within twenty-four (24) hours. Incoming animal assessment shall include the following: a. A physical examination to determine if a medical condition exists which requires a veterinarian’s attention b. Routine vaccinations and de-worming, as needed c. External parasite treatment, as needed d. Document the animal’s incoming weight e. Scan for microchip identification f. Establish unique identifier for the animal g. Document any identifying features or abnormalities. The COUNTY shall properly document on an animal-by-animal basis that an examination/assessment has been performed. 15. Enforcement: Enforce all relevant provisions of CITY’s municipal code and State law as may be applicable to animals housed, kept or maintained at the Shelter. 16. Adoption: Animals identified as being available for adoption shall be up for adoption in the shelter or off-site location, or by posting online. 17. Spay and Neuter: COUNTY shall ensure that all dogs and cats adopted from the Shelter are spayed or neutered, or that adequate provisions are made for such spaying or neutering if COUNTY transfers any animals, or if an adopted animal is unable to receive spaying or neutering due to a medical condition. In accordance with California Food and Agricultural (“F&A”) Code Sections 30503 and 31751.3, if veterinarian employed at the Shelter certifies that a dog or cat is too sick or injured to be spayed or neutered, the COUNTY shall collect a spay/neuter deposit from the adopter or purchaser and this deposit shall be deposited into a segregated fund maintained by the COUNTY. The deposit shall be fully refunded to the adopter or purchaser if proof of sterility is provided within thirty (30) business days from the date of surgery, at which the deposit is forfeited in accordance with F&A Code Sections 30503 and 31751.3. Spay and neuter deposits shall only be used by the COUNTY for canine and feline spay and neuter programs. 174 Agreement No. 21-002 B-5 18. Microchipping: In accordance with California Food and Agricultural (“F&A”) Code Sections 31108.3 and 31752.1, COUNTY shall ensure that all dogs and cats being reclaimed, adopted, or transferred to a new owner are microchipped with current information prior to leaving the shelter. 19. Community Adoption Partners: COUNTY shall comply with F&A Code Sections 31108 and 31752 that provide that any stray dog or cat that is impounded “shall, prior to the euthanasia of that animal be released to a nonprofit, as defined in Section 501(c)(3) of the Internal Revenue Code, animal rescue or adoption organization if requested by the organization prior to the scheduled euthanasia of that animal. The public or private shelter may enter into cooperative agreements with any animal organization or adoption organization. The public or private shelter or organization must be approved by COUNTY prior to the transfer of any animals. In addition to any required spay or neuter deposit, the public or private shelter, at its discretion, may assess a fee, not to exceed the standard adoption fee, for animals adopted or released.” 20. Foster Care Placement: Certain animals may be placed in COUNTY’s foster care placement program so to improve animal care, give certain animals a better chance of adoption, and lift the spirits and morale of staff and volunteers. 21. Community Cat Program (CCP): COUNTY shall determine a cat’s eligibility for the CCP. If it is determined that a cat is eligible, the cat will be spayed/neutered, vaccinated, and eartipped. Once cat has recovered, the cat will be returned to place of origin. 22. Drug Enforcement Agency (DEA): COUNTY shall comply with all Drug Enforcement Agency (DEA) regulations regarding storage, record-keeping, inventory, use, and disposal of all controlled substances. 23. Staffing and Volunteers: COUNTY shall recruit and supervise all necessary personnel for the office, kennel, veterinary and other areas of the Shelter. Staffing shall include any and all full or part-time personnel and shall include the recruitment, supervision and assignment of volunteers in suitable Shelter-related activities. Personnel employed at the Shelter in the performance of Shelter-related activities shall be designated as COUNTY employees and any and all volunteers engaged in Shelter activities shall participate in activities designated by COUNTY and shall be under the auspices of COUNTY. Use of volunteers at the Shelter shall be determined by COUNTY. 24. Missing Animals: COUNTY shall notify an appropriate law enforcement agency immediately of any animal missing from the Shelter that had previously been impounded and/or in protective custody. 25. CITY Access: COUNTY shall provide access of the entire Shelter to the authorized representatives of CITY during Regular Service Hours or at such other times upon written notice. 175 Agreement No. 21-002 B-6 26. Livestock and Fowl Care: COUNTY shall provide food, care and shelter to livestock and fowl, either at the Shelter or at another location, when such animals cannot be cared for at the Shelter. Costs of housing any livestock or fowl, regardless of Shelter location shall be charged to the owner of the animal, if known. If the animal’s owner wishes to redeem the animal, the owner shall first pay all applicable fees and charges at the Shelter; except as otherwise required by law, then and only, will the COUNTY authorize release of the animal. COUNTY shall notify CITY in writing when said expenses reach the amount of $5,000 or greater per incident. Such expenses shall not exceed the amount of $25,000 per incident unless authorized in writing by CITY. 27. Animal Disposal: COUNTY shall prohibit any animal whether dead or alive, which has been impounded, in custody, or in quarantine at the Shelter to be given away, disposed of, traded, sold or in any manner given over to another person, organization or entity for experimentation, regardless of purpose. COUNTY shall be responsible for the disposal of animal remains in its custody or control, subject to applicable State laws. D. COMPENSATION 1. Compensation for Animal Shelter Services: Additional compensation for Animal Shelter Services may be required. Additional costs for large animal sheltering are incurred at $20 per animal, per day for horses and cattle, and $12 per animal, per day for swine, goats and sheep in accordance with COUNTY’s Animal Control Ordinances and shall be billed based on actual sheltering on a monthly basis. 2. Impound/Quarantine Fees: CITY shall be responsible for all costs associated with any and all animals seized within the CITY boundaries and brought to COUNTY which are held in Shelter, including facilities that have agreements with the COUNTY to provide additional shelter services under the supervision of the COUNTY. This includes, but is not limited to, animals held in association with any criminal prosecution of animal abuse and welfare cases, animals being held as evidence in a court filing, or rabies quarantine. The COUNTY agrees to assist the CITY in seeking reimbursement from the owner by providing invoices for all services provided. All services provided to each animal involved shall be charged as of the current date including but not limited to the following: IMP 1- collection; State Fine 1-collection, Board collection- all fees due; QT Board collection-if applicable; Rabies Vaccination collection- if applicable; DA2PPV collection; Bordatella collection; microchip collection; any and all medications provided to each animal; and personnel charges. All fees will be in accordance with the COUNTY’s current fee schedule. 3. Outreach Activities: CITY shall work with COUNTY to promote responsible pet ownership, lost and found animals, mutually agreeable animal welfare programs, Spay/Neuter Services, and adoption of animals through its own educational outreach, and through its own social media pages. If requested by CITY, the daily flat rates for educational outreach events, vaccination clinics or spay/neuter clinics shall be billed based actual outreach days scheduled at the rates below: 176 Agreement No. 21-002 B-7 a. Vaccination or Spay/Neuter Clinic: The cost includes staff, vaccinations and microchips, free to constituents with a two hundred (200) animal cap per event. The clinics are billed on actual use. b. Education Outreach Event: The cost to staff an outreach event for the purpose of educating CITY constituents. The outreach events are billed on actual use. 177 Agreement No. 21-002 C-1 PAYMENT PROVISIONS CITY OF LA QUINTA EXHIBIT C City of La Quinta (“CITY”) shall compensate the County of Riverside (“COUNTY”) on a monthly basis all fees and rates in accordance with the COUNTY’s current fee schedule as set forth below, subject to any applicable changes in the rates and fees adopted by the Board of Supervisors of COUNTY: A.Animal Field and Sheltering Services Rates* Service Impounds Amount Total Yearly Monthly Installments Animal Control Officer (FTE) N/A $212,846.40 $212,846.40 $17,737 Overtime (Estimated)** N/A $142.12/hr. $27,145 $2,262 Animal Sheltering* 50 $25.80/day $12,900 $1,075 Wildlife Impounds* 67 $138/ea. $9,246 $771 Deceased Animal Pick-Up and Disposal* 72 $70/ea. $5,040 $420 Operation & Maintenance* 50 $10.44/ea. $522 $44 License Processing Fee** N/A $10.26/ea. $13,913 $1,160 Total Cost Estimate $281,612 $23,469 *Yearly cost estimate based on statistics provided by CITY of its prior year’s impound rate of approximately 50 stray dogs and cats per year, based on an average length of stay of ten (10) kenneling days. CITY will be billed based on actual statistics each month. **Overtime and license processing are estimated based on prior year’s statistics. This fee will be billed based on actual usage. City shall be provided with actual impound statistics each month that detail the number of animals impounded and the number of kenneling days. Rates are established by the Board of Supervisors and are subject to change as approved by COUNTY from time to time. Large Animal Sheltering: $20/animal (horses, ponies, cattle) per day of sheltering. Large Animal Sheltering: $12/animal (swine, goats, sheep) per day of sheltering. B.Collection of License Fees CITY authorizes COUNTY to issue and collect the fees for canine licenses and retain the License Processing Fee on any and all canine license revenue generated by CITY residents during the term of the Agreement. All fees collected for canine licenses shall be accounted for by the COUNTY on a monthly basis and the COUNTY shall credit to CITY the net amount of license fees collected for each month. For purposes of this Agreement, the net amount of license fees 178 Agreement No. 21-002 C-2 shall mean the total amount of license fees collected in a month less the sum total of the License Processing Fee per each canine license issued and shall be separate and apart from the monthly compensation rate due and payable by the CITY as set forth above in Section A. C. Impound/Quarantine Fees CITY shall be responsible for all costs associated with any and all animals seized within the CITY boundaries and brought to COUNTY held in the Shelter, including facilities that have agreements with the COUNTY to provide additional shelter services under the supervision of the COUNTY. This includes, but is not limited to, animals held in association with any criminal prosecution of animal abuse and welfare cases, animals being held as evidence in a court filing, or rabies quarantine. The COUNTY agrees to assist the CITY in seeking reimbursement from the owner by providing invoices for all services provided. All services provided to each animal involved shall be charged as of the current date including but not limited to the following: IMP 1 – collection; State Fine 1-collection, Board collection- all fees due; QT Board collection-if applicable; Rabies Vaccination collection- if applicable; DA2PPV collection; Bordatella collection; microchip collection; any and all medications provided to each animal; and personnel charges. D. Op tional S ervices at City’s Request 1. Vaccination or Spay/Neuter Clinic: The service provided herein shall be free to constituents, with a two hundred (200) animal cap per vaccination clinic, or thirty (30) spay and/or neuter surgeries per spay/neuter clinic. Billed on actual use. 2. Education Outreach Event: The cost for staff an outreach event for the purpose of educating CITY constituents. Billed on actual use. 179 180 SUBMITTAL TO THE BOARD OF SUPERVISORS COUNTY OF RIVERSIDE, STATE OF CALIFORNIA Page 1 of 3 ID# 14893 3.4 MEETING DATE: Tuesday, June 08, 2021 ITEM: 3.4 (ID # 14893) FROM : ANIMAL SERVICES: SUBJECT: ANIMAL SERVICES: Approval of Animal Services Contract Rates for Contract Cities for Field, Shelter and Licensing Services for Fiscal Year 2021/2022. All Districts. [$0] RECOMMENDED MOTION: That the Board of Supervisors: 1.Approve and Adopt the rates as listed on Attachment A for contract animal shelter, field, and license services for contract cities for fiscal year 21/22 consistent with Board Policy B-4. ACTION:Policy ____________________________________________________________________________ MINUTES OF THE BOARD OF SUPERVISORS ATTACHMENT 2 181 SUBMITTAL TO THE BOARD OF SUPERVISORS COUNTY OF RIVERSIDE, STATE OF CALIFORNIA Page 2 of 3 ID# 14893 3.4 C.E.O. RECOMMENDATION: Approve BACKGROUND: Summary The Department of Animal Services (DAS) is submitting the FY 2021-22 rates for the contract field, shelter, and license services. DAS is required, per Board Policy B-4, to maintain full cost recovery for all costs incurred through our contract city services. The Auditor-Controller's Office (ACO) reviewed the proposed rates and concurred that the rates do not currently recover the cost of providing services to contracting cities. As such, the general fund is supporting a portion of the cost associated with providing the service to the cities. Further, the full cost recovery rate presented in Attachment A of the Form 1 1 will need to be reviewed by the ACO next fiscal year prior to full adoption to ensure the following: 1) a reasonable methodology has been adopted to calculate the rate for services, and 2) the cost used to calculate the rates are an actual reflection of the cost. All rates and licensing fees in Attachment A are in accordance with state law. DAS provides services to the unincorporated areas of Riverside County, as well as 14 contract cities within Riverside County and four contracted cities in San Bernardino County. City contracts include service provisions for a combination of sheltering, licensing, and field services. Contract city revenue comprises 70% of all revenue collected by DAS. Previously, all contract city rates were included in Ordinance No. 630 which made it difficult to update the rates timely since each update necessitated an ordinance amendment. DAS desires to remove the contract rates from Ordinance No. 630 to streamline and create an efficient rate review process. The rates charged to contract cities are not required to be adopted by ordinance under the law. Each city enters into a negotiated contract with the County for DAS services subject to both Board of Supervisors and City approval. DAS will increase rates incrementally for each current contract City over the course of two fiscal years to achieve full cost recovery. New contract City agreements shall initiate services at the full-cost recovery rate. Impact on Residents and Businesses The revised rates and licensing fees are necessary to keep up with the on-going operational costs associated with providing efficient services and essential programs to Riverside County FINANCIAL DATA Current Fiscal Year: Next Fiscal Year: Total Cost: Ongoing Cost COST $ 4,633,671 $ 5,213,553 $ 6,015,051 $ 6,015,051 NET COUNTY COST $ 0 $ 0 $ 0 $ 0 SOURCE OF FUNDS: 100% Contract Revenue Budget Adjustment: No For Fiscal Year: 21/22 182 SUBMITTAL TO THE BOARD OF SUPERVISORS COUNTY OF RIVERSIDE, STATE OF CALIFORNIA Page 3 of 3 ID# 14893 3.4 residents and their animals. Further Board of Supervisors Policy B-4 requires full cost recovery for the actual cost of providing the services to the cities so as to ensure that the County is not subsidizing other public agencies to the detriment of the County’s own operations. Additional Fiscal Information The revenue forecast for FY 20/21 under the current rate structure is $4,633,671. If the proposed rates are approved, revenue is estimated to increase to $5,213,553 for FY 21/22, with a variance of $579,882. The revenue variance will continue to expand each fiscal year thereafter. Service FY 20/21 FY 21/22 FY 22/23 Animal Control Officer $2,762,240 $2,992,050 $3,394,485 Animal Control Officer Overtime $315,968 $346,774 $389,409 License Processing $324,361 $325,981 $334,241 Kenneling Days $1,231,102 $1,548,748 $1,896,916 Total Projected Revenue $4,633,671 $5,213,553 $6,015,051 Attachment: 1.Proposed Rates Summary Worksheet 183 Department of Animal Services Julie Bank Director of Animal Services Riverside County DEPARTMENT OF ANIMAL SERVICES 6851 Van Buren Blvd, Jurupa Valley, CA 92509 (951) 358-7387  FAX (951) 358-7300  TDD (951) 358-5124 Website: www.rcdas.org Last edited on April 23, 2021 DEPARTMENT OF ANIMAL SERVICES PROPOSED ANIMAL CONTROL OFFICER RATES ANIMAL CONTROL OFFICER (ACO) POSITION CURRENT RATE (BOS approved Jan 2020 – Yr. 1) PROPOSED RATE FY 2021/2022 FULL COST RECOVERY RATE FY 2022/2023 ACO (Hourly Rate) $83 $102.33 $121.70 + CPI ACO (Overtime) $111 $142.12 $157.69 + CPI PROPOSED DAILY SHELTERING RATE SERVICE CURRENT RATE (BOS approved Jan 2020 – Yr. 1) PROPOSED RATE FY 2021/2022 FULL COST RECOVERY RATE FY 2022/2023 Daily Sheltering Rate $20 $25.80 $31.60 + CPI PROPOSED LICENSE PROCESSING FEES SERVICE CURRENT RATE (BOS approved Jan 2020 – Yr. 1) PROPOSED RATE FY 2021/2022 FULL COST RECOVERY RATE FY 2022/2023 License Processing Fee $10 $10.26 $10.52 + CPI 184 City of La Quinta CITY COUNCIL MEETING: June 15, 2021 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION TO APPROVE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA QUINTA AND THE LA QUINTA EMPLOYEES’ ASSOCIATION THROUGH FISCAL YEAR 2021/22 RECOMMENDATION Adopt a Resolution approving the ratification of Memorandum of Understanding agreement between the City of La Quinta and the La Quinta Employees’ Association for Fiscal Year 2021/22. EXECUTIVE SUMMARY •The current Memorandum of Understanding (MOU) between the City of La Quinta (City) and the La Quinta Employees’ Association (Association) will expire on June 30, 2021. •On May 19, 2020, Council approved a Side Letter Agreement with the La Quinta Employees’ Association implementing a salary and benefits plan freeze for Fiscal Year 2020/21 due to the economic impact of the COVID-19 pandemic and the City’s projected financial deficit. •The City and the Association met and conferred on matters relating to employment conditions and employee/employer relations, including compensation, benefits, and other terms of employment. •The recommended MOU (Exhibit A of the Resolution) includes lifting the salary and benefits plan freeze, modifications to the term, compensation, benefits, and the annual performance review program. FISCAL IMPACT The cost to implement the salary schedule structure adjustment and related benefit adjustments is $185,514, which is included in the 2021/22 Budget. CONSENT CALENDAR ITEM NO. 9 185 BACKGROUND/ANALYSIS The City’s negotiating team met in good faith with the employee representatives of the Association in accordance with the Meyers-Milias-Brown Act regarding compensation, benefits, and other terms and conditions of employment. As a result of these meetings, an agreement was reached, and on April 27, 2021, the Association ratified the proposed Memorandum of Understanding for a twelve (12) month period, ending June 30, 2022. A summary of the most significant changes from the previous MOU is outlined below. Term One (1) year, beginning July 1, 2021, end ending June 30, 2022. Compensation 1.New Salary Schedule reflecting 2.2% World at Work salary structure market adjustment for the calendar year 2019. 2.Reinstatement of normal salary schedule step progression for all members represented by the Association effective July 1, 2021 as well as a transition to normal step progression on hire/promotion date beginning in 2021/2022. 3.Full classification and compensation market study to be completed before June 30, 2022. Benefits 1.Existing benefit cap increased to $1,742 per month; August 2021 medical reopener. 2.$250 Section 125 benefit allowance during 2022 Open Enrollment period for eligible employees. 3.$200 Annual Wellness Dollars Program replacing City’s Fitness Membership Contribution. Annual Performance Review Schedule Annual Performance Reviews will be due on the anniversary of the date of hire, promotion, or reclassification date. ALTERNATIVES The LQCEA and City’s negotiation team have worked in the true spirit of cooperation to serve the needs of both parties equitably. Approval of this MOU will conclude a successful labor negotiation process. Prepared by: Chris Escobedo, Community Resources Director Approved by: Jon McMillen, City Manager 186 RESOLUTION NO. 2021 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AND ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA QUINTA AND THE LA QUINTA CITY EMPLOYEES’ ASSOCIATION COMMENCING ON JULY 1, 2021, AND TERMINATING JUNE 30, 2022 WHEREAS, the City of La Quinta (City) and the La Quinta Employees’ Association (Association), the recognized organization representing its members, have met and conferred over wages, hours, terms, and conditions of employment pursuant to Government Code 3500, as amended; and WHEREAS, on June 19, 2018, the City Council adopted Resolution No. 2018-034 approving the current Memorandum of Understanding (MOU) between the City and LQCEA, executed on July 1, 2018, expires June 30, 2021; and WHEREAS, the City and the Association have negotiated a MOU for a 12-month period commencing July 1, 2021, and terminating June 30, 2022; and WHEREAS, the Association ratified the Memorandum of Understanding on April 27, 2021; and WHEREAS, this document will supersede any prior resolutions and amendments, and may be changed only upon approval of the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The City does hereby approve, ratify, and authorize implementation of each economic and non-economic benefit and right set forth in the Memorandum of Understanding between the City and the Association, attached and incorporated herein as Exhibit “A’” and said to the extent the City may legally do so in accordance with the time constraints of said Memorandum of Understanding. 187 Resolution No. 2021 – xxx LQCEA Memorandum of Understanding FY 2021/22 Adopted: (date) Page 2 of 2 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 15th 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 188 2021/22 MOU -1- This Memorandum of Understanding ("MOU") is made and entered into by and between the CITY OF LA QUINTA ("CITY") and the LA QUINTA CITY EMPLOYEES' ASSOCIATION ("ASSOCIATION"). WHEREAS, the CITY and the ASSOCIATION have met and conferred in good faith with respect to the wages, hours, and terms and conditions of employment of CITY employees and all other subjects within the scope of bargaining under the Meyers-Milias-Brown Act (Government Code Section 3500, et seq.), and have reached an agreement that they wish to set forth in writing in the form of this MOU; NOW, THEREFORE, the CITY and the ASSOCIATION agree as follows: SECTION 1: TERM The provisions of this MOU are effective July 1, 2021 and shall continue for a twelve (12) month period, ending June 30, 2022. This MOU is intended to and shall supersede previous MOUs dated July 1, 2018, and any side letters or amendments. SECTION 2: COMPENSATION 2.1 Salary The 2020/21 Salary Freeze approved on May 19, 2020, for members represented by the ASSOCIATION, is suspended effective July 1, 2021, restoring all normal salary schedule step progression for members represented by the ASSOCIATION effective as of the 2021/22 Salary Schedule effective date. Employees shall advance one step on the salary schedule effective July 1, 2021. The 2019 World at Work salary schedule structure market adjustment suspended on July 1, 2020, for members represented by the ASSOCIATION, is restored effective July 1, 2021. The 2021/22 Salary Schedule reflects a 2.2% World at Work salary schedule structure market adjustment for 2019 as agreed upon by the CITY and ASSOCIATION. The Salary Schedule is attached hereto as "Exhibit 1", and by this reference made a part hereof, shall become effective on July 1, 2021, and shall remain in effect during the entire term (July 1, 2021, through June 30, 2022) of this MOU, unless modified in writing by mutual agreement of both parties. 2.2 Merit Salary Increase Employees receiving an overall “successful” rating will be eligible for their normal step progression advancing one step on the salary plan/schedule. MEMORANDUM OF UNDERSTANDING RESOLUTION NO. 2021-XXX EXHIBIT A 189 2021/22 MOU -2- effective on the anniversary of the date of hire or the date upon which they were most recently promoted/reclassified. 2.5 Classification and Compensation Market Study The parties agree to a full classification and compensation market study using public and private sector comparisons to be completed before June 30, 2022. SECTION 3: EMPLOYEE BENEFITS The 2020/21 Benefit Freeze approved on May 19, 2020, for members represented by the ASSOCIATION, is suspended effective July 1, 2021. 3.1 Retirement 3.1.1 Employer/Employee Obligations For purposes of the CITY's election to pay to the California Public Employees' Retirement System (CalPERS), effective July 1, 2013, the CITY shall pay to CalPERS on behalf of each full-time, regular employee, the required employer contribution, and an amount equal to 0% of the required member contribution to CalPERS. Effective July 1, 2013, each full-time, regular employee shall pay an amount equal to 100% of the required member contribution to CalPERS, not to exceed eight percent (8%). 3.1.2 Public Employees' Retirement System (PERS) Retirement The CITY participates in the PERS retirement plan, and currently pays the full cost of the employer share of the PERS retirement benefit for qualified Regular Full-time and Regular Part-time Employees. Each Regular Full-time and Part- time Employee shall pay an amount equal to 100% of the required member contribution to PERS. Any Employee hired on or after January 1, 2013, shall be subject to the following retirement formulas with the retiree’s annuity based on the average of the Employee’s three (3) highest paid consecutive years, in accordance with the CITY’s contract with PERS and the Public Employees’ Pension Reform Act of 2013 (PEPRA): •Classic Employees (current PERS members) hired on or after January 1, 2013: 2% @ 60. •New Employees (new PERS members) hired on or after January 1, 2013: 2% @ 62. 3.1.3 Unused Sick Leave Election Government Code Section 20965 and the CITY's contract for retirement benefits with CalPERS permits conversion of unused sick leave to service credit, pursuant to certain restrictions. Upon retirement, employees are required to complete the "Unused Sick Leave Election Form" prior to receiving their final paycheck. Upon retirement, employees will have the option of selecting one of the following: (1) receiving payout for the full amount of unused sick leave (pursuant to the payout schedule contained in Personnel 190 2021/22 MOU -3- Policy Section 14.20.4, (2) receiving payout for a set amount of unused sick leave and requesting conversion to service credit of the remainder; or (3) converting the entire amount of unused sick leave to service credit, waiving their right to a payout for unused sick leave. 3.2 City Benefit Contribution Effective July 1, 2021, the maximum CITY benefit contribution is $1,742 per month for all regular full-time employees to be used for medical, dental, vision, and general life insurance benefits. Employees who elect a health insurance program (medical, dental, vision, and standard life insurance) that is less than $1,742 can elect to use any unused portion of the CITY contribution up to a maximum of $250 for eligible additional Section 125 benefits, enrollment shall take place during the CITY’s open enrollment period. The employee contribution for insurance coverage shall be paid by payroll deduction as a condition of enrollment and continuous insurance coverage. The formal plan documents shall govern the benefits, terms and conditions of coverage. The parties agree to reopen negotiations in August 2021 to meet and confer on the amounts paid by the CITY and employees for insurance coverage for the following calendar year. The CITY reserves the right at any time during the term of this MOU to change its insurance carriers, provided, however, that the benefits of any new insurance plan shall be substantially equivalent to the benefits of the plan being replaced. 3.3 Medical Opt-Out Payment Personnel Policy Section 13.1.2 states that an employee who provides the CITY evidence of medical insurance under a separate policy and requests to be deleted from the CITY's coverage shall receive $250 per month as an in- lieu payment. Should such other coverage subsequently be unavailable to the employee, the employee shall have the right to seek reinstatement to coverage under the CITY's policy upon written request. In such a case, the CITY shall reinstate the employee's coverage and cancel the in-lieu payment if reinstatement is permitted under the provisions for reinstatement, then in effect with the CITY's health insurance provider. 3.4 Flexible Spending Plan Under Section 125 The CITY has established a flexible spending account plan managed by a third- party administrator that allows employees to participate and pay for qualified expenses on a pre-tax basis. Employees who elect to participate will pay the monthly administration fee and optional medical reimbursement debit card fee through payroll deduction. 191 2021/22 MOU -4- The CITY reserves the right at any time during the term of this MOU to change providers, provided the benefits of any new insurance plan shall be substantially equivalent to the benefits of the plan being replaced. 3.5 Tuition Reimbursement Subject to Department Director and Employee Relations Officer (or designee) approval, Regular Full-time Employees may attend and be reimbursed up to a maximum of $3,500 per fiscal year not to exceed a total annual budget of $52,500 for the cost of educational courses taken at an accredited college or university. Reimbursement will be made only after an employee has satisfactorily completed the class with a grade of "B" or better. Evidence of the same has been submitted and approved by the Employee Relations Officer. The general rule is that an employee must be employed when they start and complete the class or workshop to be reimbursed. If an employee resigns or retires their employment with the CITY or is terminated for disciplinary reasons within two (2) years of receiving reimbursement under these provisions, Employee shall reimburse the CITY for all monies paid them for educational reimbursement received dating back two (2) years from their termination date. If an Employee has followed the foregoing requirements for reimbursement and, through no fault of their own, is laid off before completion of the approved class or workshop, the Employee will continue to be eligible for reimbursement even though the CITY no longer employs them. No Employee will be eligible for reimbursement for any class or workshop taken after the Employee has been given written notice of layoff, a notice of termination for failing to pass the Probationary Period or notice of intent to terminate employment for cause. Required forms must be completed, and necessary documentation (receipts and grades) must be provided to receive reimbursement. The Employee Relations Officer shall make final and conclusive determinations of the reimbursement amount after review of the request and recommendations by the Department Director and the Employee Relations Officer. Mileage reimbursement may not be submitted for travel to and from educational classes. Education that is a requirement for continuation of employment or is an identified part of a job evaluation shall be paid for by the CITY and not through the Tuition Reimbursement Program. 3.6 Computer Loan Program The CITY agrees to continue the Computer Loan Program (Program) and fund the Program in the amount of $17,500 for the term of this MOU at a maximum of $1,750 per employee. Any employee who has participated in the Program 192 2021/22 MOU -5- and has paid his/her loan in full may participate again if there is money available after those employees who have not previously participated have been funded. 3.7 Annual Wellness Dollars The CITY agrees to repurpose the Annual Employee Fitness Membership Contribution of $75 to the Annual Wellness Dollars Program, which provides employees $200 each year to purchase fitness classes, fitness memberships, and wellness equipment. SECTION 4: WORK HOURS, SCHEDULES, AND LEAVE 4.1 Hours Worked Employee hours of work shall be as stated in the CITY's Personnel Policies unless superseded as provided in Section 4.2 herein. 4.2 Alternate Work Week Schedule The CITY and ASSOCIATION agree to continue the Alternate Work Week Schedule ("AWWS"), utilizing a 9/80 schedule. Employees may elect to participate in the AWWS by working eight 9-hour days and one 8-hour day, with every other 8-hour day off. The AWWS will continue for the term of this MOU or until canceled by Management, whichever occurs sooner. 4.3 Leaves All specified leaves as provided in Section 8 of the CITY's Personnel Policy. SECTION 5: ANNUAL PERFORMANCE REVIEW Employees shall receive an annual performance review on the anniversary of the date of hire or the date upon which they were most recently promoted/reclassified for the previous 12-month period. SECTION 6: EMPLOYEE/EMPLOYER RELATIONS 6.1 Labor/Management Committee CITY and ASSOCIATION agree to form a Labor/Management Committee (LMC) that may meet three (3) times per year at the request of either party to address concerns regarding employee relations. The LMC is not authorized to change the MOU or to settle any grievance being processed under the MOU. SECTION 7: NON-DISCRIMINATION All personnel decisions and actions, including but not limited to appointments, promotions, demotions, transfers, layoffs, and discharges, shall be made without regard to race, color, creed, sex, marital status, age, national origin or ancestry, physical or mental disability, medical condition, sexual orientation, or any other unlawful consideration. Further, the CITY shall not discriminate against any employee based upon his/her activity on behalf of his/her membership in any employee association or group. 193 2021/22 MOU -6- SECTION 8: MANAGEMENT RIGHTS Except as limited by the terms of this MOU, the CITY retains sole and exclusive right to manage its operations and direct its work force using any or all of the powers and authority previously exercised or possessed by the CITY or traditionally reserved to management, including but not limited to the right to determine its organization and the kinds and levels of services to be provided; to direct the work of its employees; to assign work from one classification of employees to another, including work currently performed by employees in the classifications covered by this MOU; to establish work standards and levels of required performance; to utilize part-time or temporary employees; to pay wages and benefits in excess of those required by this MOU; to select, modify, alter, abandon, or modernize methods of conducting its operations; to build, move, modify, close, or modernize facilities, machinery, processes, and equipment; to establish budgetary procedures and allocations; to determine methods of raising revenues; to sublet and subcontract work except work currently performed by CITY employees; to take all necessary action in the event of an emergency; to establish and amend rules of conduct and to impose discipline and discharge; to establish and amend rules for safety and health; to select, hire, classify, reclassify, assign, evaluate, transfer, promote, demote, upgrade, downgrade, reprimand, discipline, suspend, discharge, lay off, and rehire employees; to determine job content and to create, combine or modify job classifications and rates or classes of pay; and to exercise all other customary powers and authority of management, regardless of whether the CITY has exercised such power previously. Nothing in this provision shall be construed to restrict grievances concerning any part of this MOU. In the event of an emergency, the CITY may amend, modify or rescind any provision of the MOU. Such amendment, modification or rescission shall remain in force only for the period of the emergency. The CITY shall have the sole and complete discretion to declare that an emergency exists for the purposes of this Section. CITY retains the right to reopen negotiations during the term of this MOU for the purpose of meeting and conferring on implementation of furlough days. SECTION 9: ASSOCIATION SECURITY 9.1 Maintenance of Membership Eligible employees electing ASSOCIATION membership shall complete an ASSOCIATION membership form and submit it to the ASSOCIATION for processing. Those employees electing ASSOCIATION membership shall pay the usual and customary monthly dues and assessments if any, as established by the ASSOCIATION. 9.2 Dues Deduction ASSOCIATION members may authorize due deductions by completing the ASSOCIATION membership form and submitting to the ASSOCIATION. For each submitted form, the CITY will deduct on a bi-weekly basis from each 194 2021/22 MOU -7- member's wages the amount of ASSOCIATION dues specified by the ASSOCIATION. 9.3 New Employee Orientation and Disclosure of Contact Information The CITY will provide the ASSOCIATION with ten (10) days' notice of a new employee orientation unless there is an urgent need critical to the employer's operations that were not reasonably foreseeable. In that case, the CITY will provide as much advance notice of the employee orientations as possible. The ASSOCIATION President or designee may attend new employee orientation and be permitted up to 30 minutes at the end of the orientation to meet with the new employee to discuss, among other things, the rights and obligations created by the contract and the role of the ASSOCIATION, and to answer any questions. Upon the ASSOCIATION's request, the CITY must provide a list that includes the ASSOCIATION member's name, work phone, home/cell, phone, street address, work email, date of hire, job title, and department at least every 120 days. SECTION 10: WAIVER OF BARGAINING DURING TERM OF THIS AGREEMENT During the term of this MOU, the ASSOCIATION agrees that it will not seek to negotiate or bargain with respect to wages, hours and terms and conditions of employment, whether or not covered by this MOU or in the negotiations preceding the execution of this MOU, except as required by specific provisions of this MOU. Despite the terms of this waiver, the parties may, by mutual agreement, agree in writing to meet and confer concerning any matter during the term of this MOU. SECTION 11: SOLE AND ENTIRE AGREEMENT It is the intent of the parties hereto that the provisions of this MOU shall supersede all prior agreements, memoranda of agreement or memoranda of understanding, or contrary salary and/or personnel rules and regulations, administrative codes, provisions of the CITY (other than the Municipal Code), whether oral or written, expressed or implied, between the parties and shall govern the entire relationship and be the sole source of any and all rights which may be asserted hereunder. This MOU is not intended to conflict with federal or state law. The ASSOCIATION and the CITY agree that all personnel rules not specifically included herein shall be incorporated herein by this reference. The CITY reserves the right to add to, modify or delete from its Personnel Policies., subject to its obligations under the Meyers-Milias-Brown Act. 195 2021/22 MOU -8- This MOU is hereby executed by the parties hereto as set forth below. CITY OF LA QUINTA LA QUINTA CITY EMPLOYEES' ASSOCIATION By: ____ LINDA EVANS, MAYOR DERRICK ARMENDARIZ, PRESIDENT DATED: ,2021 DATED: ,2021 ATTEST: MONIKA RADEVA, CITY CLERK APPROVED AS TO FORM: WILLIAM H. IHRKE, CITY ATTORNEY 196 2021/22 Salary ScheduleWORKING TITLEDBM STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10Administrative AssistantMaintenance Worker IA11 $ 39,594.09 $ 41,573.79 $ 43,553.50 $ 45,533.20 $ 47,512.91 $ 49,125.13 $ 50,737.35 $ 52,349.57 $ 53,961.79 $ 55,574.03 Maintenance Worker II A12 $ 43,561.90 $ 45,740.00 $ 47,918.09 $ 50,096.19 $ 52,274.28 $ 54,048.05 $ 55,821.82 $ 57,595.59 $ 59,369.36 $ 61,143.14 Administrative TechnicianCommunity Resources CoordinatorManagement AssistantTraffic Signal TechnicianB21 $ 51,509.43 $ 54,084.91 $ 56,660.38 $ 59,235.85 $ 61,811.32 $ 63,908.82 $ 66,006.32 $ 68,103.82 $ 70,201.32 $ 72,298.82 Account TechnicianBuilding Inspector ICode Compliance Officer IExecutive Assistant Administrative Technician Permit TechnicianB22 $ 55,477.24 $ 58,251.10 $ 61,024.96 $ 63,798.82 $ 66,572.68 $ 68,831.73 $ 71,090.78 $ 73,349.83 $ 75,608.88 $ 77,867.93 Building Inspector IICode Compliance Officer IIConstruction InspectorMaintenance & Operations TechnicianB23 $ 59,445.05 $ 62,417.30 $ 65,389.55 $ 68,361.81 $ 71,334.06 $ 73,754.66 $ 76,175.26 $ 78,595.86 $ 81,016.46 $ 83,437.04 Deputy City ClerkJunior AccountantMaintenance ForemanManagement SpecialistParks/L&L ForemanPlans ExaminerB24 $ 64,914.69 $ 68,160.43 $ 71,406.16 $ 74,651.89 $ 77,897.63 $ 80,540.90 $ 83,184.17 $ 85,827.44 $ 88,470.71 $ 91,113.99 AccountantManagement SpecialistB25 $ 71,645.28 $ 75,227.54 $ 78,809.80 $ 82,392.07 $ 85,974.33 $ 88,891.79 $ 91,809.25 $ 94,726.71 $ 97,644.17 $ 100,561.65 Animal/Code Officer SupervisorMaintenance & Operations SuperintendentPlans Examiner/Inspector SupervisorB32 $ 71,645.28 $ 75,227.54 $ 78,809.80 $ 82,392.07 $ 85,974.33 $ 88,891.79 $ 91,809.25 $ 94,726.71 $ 97,644.17 $ 100,561.65 WORKING TITLEDBM STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 STEP 11 STEP 12 STEP 13 STEP 14Assistant Construction ManagerAssociate PlannerCommunity Resources AnalystSr. Emergency Management CoordinatorFinancial Services AnalystHuman Resources AnalystManagement AnalystPublic Safety AnalystTraffic Operations AnalystC42 $ 78,471.50 $ 81,741.41 $ 85,011.32 $ 88,281.22 $ 91,551.13 $ 94,817.11 $ 98,089.38 $ 100,933.97 $ 103,778.56 $ 106,623.15 $ 109,467.74 $ 112,312.33 $ 115,156.92 $ 118,001.50 Construction Manager/Inspection SupervisorC43 $ 82,774.75 $ 86,223.98 $ 89,673.20 $ 93,122.43 $ 96,571.65 $ 100,016.74 $ 103,468.44 $ 106,469.02 $ 109,469.60 $ 112,470.18 $ 115,470.76 $ 118,471.34 $ 121,471.92 $ 124,472.52 Associate EngineerSenior PlannerC44 $ 88,163.52 $ 91,837.30 $ 95,511.07 $ 99,184.85 $ 102,858.62 $ 106,527.99 $ 110,204.41 $ 113,400.33 $ 116,596.25 $ 119,792.17 $ 122,988.09 $ 126,184.01 $ 129,379.93 $ 132,575.88 Accounting ManagerAssistant to the City ManagerBuilding OfficialCommunity Resources ManagerHub ManagerHuman Resources ManagerMarketing ManagerPlanning ManagerPublic Safety ManagerD61 $ 100,013.65 $ 104,181.21 $ 108,348.78 $ 112,516.35 $ 116,683.92 $ 120,846.49 $ 125,017.06 $ 128,642.55 $ 132,268.04 $ 135,893.53 $ 139,519.02 $ 143,144.51 $ 146,770.00 $ 150,395.50 City ClerkD62 $ 105,014.33 $ 109,390.28 $ 113,766.23 $ 118,142.17 $ 122,518.12 $ 126,888.82 $ 131,267.92 $ 135,074.69 $ 138,881.46 $ 142,688.23 $ 146,495.00 $ 150,301.77 $ 154,108.54 $ 157,915.30 Facilities Deputy DirectorD63 $ 110,265.05 $ 114,859.80 $ 119,454.54 $ 124,049.29 $ 128,644.03 $ 133,233.26 $ 137,831.31 $ 141,828.42 $ 145,825.53 $ 149,822.64 $ 153,819.75 $ 157,816.86 $ 161,813.97 $ 165,811.07 Community Resources DirectorDesign & Development DirectorFinance Director/City TreasurerPublic Works Director/City EngineerE82 $ 132,818.51 $ 138,353.05 $ 143,887.60 $ 149,422.15 $ 154,956.70 $ 160,484.60 $ 166,023.13 $ 170,837.80 $ 175,652.47 $ 180,467.14 $ 185,281.81 $ 190,096.48 $ 194,911.15 $ 199,725.80 City Manager F101* $ 180,712.41 $ 188,242.70 $ 195,772.98 $ 203,303.27 $ 210,833.56 $ 218,354.81 $ 225,890.51 $ 232,441.33 $ 238,992.15 $ 245,542.97 $ 252,093.79 $ 258,644.61 $ 265,195.43 $ 271,746.25 Per MeetingMonthly Recreation LeaderA01$14.00 $14.70 $15.40 $16.10 $16.80$0.00$2,800.00Senior Recreation LeaderA02$18.00 $18.90 $19.80 $20.70 $21.60$50.00$2,300.00Administrative TechnicianB21$24.76 $26.00 $27.24 $28.48 $29.72$75.00Software Program Report WriterB24$31.21 $32.77 $34.33 $35.89 $37.45$100.00Planning Commission FULL-TIME EMPLOYEES (ANNUAL) Council MembersBoards and Commission MembersConstruction Appeals & Oversight BoardHousing CommissionCommunity Services & Financial Advisory CommissionPART-TIME EMPLOYEES (HOURLY)Elected Official PositionsMayorFULL-TIME EMPLOYEES (ANNUAL) City Council Approval - 06/15/2021Effective - 07/01/2021 EXHIBIT 1EXHIBIT 1197 198 City of La Quinta CITY COUNCIL MEETING: June 15, 2021 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION TO APPROVE SALARY SCHEDULE AND BENEFIT PLAN FOR NON-REPRESENTED EMPLOYEES, NON-REPRESENTED MANAGEMENT, AND CONFIDENTIAL EMPLOYEES RECOMMENDATION Adopt a Resolution approving salary schedule and benefit plan for Non- Represented Employees, Non-Represented Management, and Confidential Employees effective July 1, 2021. EXECUTIVE SUMMARY On May 19, 2020, Council approved a salary and benefits plan freeze for fiscal year (FY) 2020/21 due to the adverse economic impact of the COVID-19 pandemic and the City’s projected financial deficit. Adoption of this Resolution will lift the salary and benefits plan freeze effective July 1, 2021. The La Quinta City Employees’ Association (Association) has accepted a restructured compensation and benefits plan. The Association’s acceptance also affects Non-Represented Employees, Non-Represented Management, and Confidential Employees who are non-represented by the Association. FISCAL IMPACT The cost to implement the salary schedule structure adjustment and related benefit adjustments is $140,079, which is included in FY 2021/22 Budget. BACKGROUND/ANALYSIS The City and the Association have met and conferred on items concerning compensation, benefits, and other terms and conditions of employment. CONSENT CALENDAR ITEM NO. 10 199 Historically, when the City elects to approve salary schedule and benefit plan adjustments for Association members, those same benefits have been provided to Non-Represented Employees, Non-Represented Management, and Confidential Employees. Staff is recommending that the proposed salary schedule and benefit changes below be provided to Non-Represented Employees, Non-Represented Management, and Confidential Employees. Compensation 1.New Salary Schedule reflecting 2.2% World at Work salary structure market adjustment for the calendar year 2019. 2.Reinstatement of normal salary schedule step progression effective July 1, 2021 and a transition to step progression on hire/promotion date beginning in FY 2021/22. Benefits 1.Existing benefit cap increased to $1,742 per month per employee. 2.$250 Section 125 benefit allowance during 2022 Open Enrollment period for eligible employees. 3.$200 Annual Wellness Dollars Program replacing City’s Fitness Membership Contribution. Annual Performance Review Schedule Annual Performance Reviews will be due on the anniversary of the date of hire, promotion, or reclassification date. ALTERNATIVES Council may elect not to provide the same salary schedule and benefit plan adjustments to un-represented employees, un-represented management, and confidential employees. Prepared by: Chris Escobedo, Community Resources Director Approved by: Jon McMillen, City Manager 200 RESOLUTION NO. 2021 - XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ESTABLISHING THE SALARY SCHEDULE AND BENEFIT PLAN FOR NON-REPRESENTED EMPLOYEES, NON-REPRESENTED MANAGEMENT AND CONFIDENTIAL EMPLOYEES EFFECTIVE JULY 1, 2021 WHEREAS, the salary schedule and benefit plan of the City of La Quinta must be approved by City Council and adopted by resolution in accordance with the City of La Quinta's (City) Personnel Policy; and WHEREAS, the City desires to establish a salary schedule and benefit plan for non-represented employees, non-represented management, and confidential employees effectitve July 1, 2021; and WHEREAS, this document will supersede any prior resolutions and amendments and may be changed only upon approval of the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. COMPENSATION 1.1 Salary Plan/Schedule The 2020/21 Salary Freeze approved on May 19, 2020, is suspended effective July 1, 2021, restoring all normal salary schedule step progression effective as of the 2021/22 Salary Schedule effective date. Employees shall advance one step on the salary schedule effective July 1, 2021. The 2019 World at Work salary schedule structure market adjustment suspended on July 1, 2020, is restored effective July 1, 2021. The 2021/22 Salary Schedule reflects a 2.2% World at Work salary schedule structure market adjustment for 2019. The Salary Schedule is attached hereto as Exhibit A, and by this reference made a part hereof, shall become effective on July 1, 2021. 1.2 Merit Salary Increase Employees receiving an overall “successful” rating will be eligible for their normal step progression advancing one step on the salary plan/schedule. effective on the anniversary of the date of hire or the date upon which they were most recently promoted/reclassified. 201 Resolution No. 2021 – xxx FY 2021/22 Salary Schedule and Benefit Plan for Non-Represented Employees Adopted: June 15, 2021 Page 2 of 6 SECTION 2. EMPLOYEE BENEFITS 2.1 Retirement 2.1.1 Employer/Employee Obligations For purposes of the City's election to pay to the California Public Employees' Retirement System (CalPERS), effective July 1, 2013, the City shall pay to CalPERS on behalf of each full-time, regular employee, the required employer contribution, and an amount equal to 0% of the required member contribution to CalPERS. Effective July 1, 2013, each full-time, regular employee shall pay an amount equal to 100% of the required member contribution to CalPERS, not to exceed eight percent (8%). 2.1.2 Public Employees' Retirement System (PERS) Retirement The CITY participates in the PERS retirement plan, and currently pays the full cost of the employer share of the PERS retirement benefit for qualified Regular Full-time and Regular Part-time Employees. Each Regular Full-time and Part- time Employee shall pay an amount equal to 100% of the required member contribution to PERS. Any Employee hired on or after January 1, 2013, shall be subject to the following retirement formulas with the retiree’s annuity based on the average of the Employee’s three (3) highest paid consecutive years, in accordance with the City’s contract with PERS and the Public Employees’ Pension Reform Act of 2013 (PEPRA): •Classic Employees (current PERS members) hired on or after January 1, 2013: 2% at 60. •New Employees (new PERS members) hired on or after January 1, 2013: 2% at 62. 2.1.3 Unused Sick Leave Election Government Code Section 20965 and the City's contract for retirement benefits with CalPERS permits conversion of unused sick leave to service credit, pursuant to certain restrictions. Upon retirement, employees are required to complete the "Unused Sick Leave Election Form" prior to receiving their final paycheck. Upon retirement, employees will have the option of selecting one of the following: (1) receiving payout for the full amount of unused sick leave (pursuant to the payout schedule contained in Personnel Policy Section 14.20.4, (2) receiving payout for a set amount of unused sick leave and requesting conversion to service credit of the remainder; or (3) converting the entire amount of unused sick leave to service credit, waiving their right to a payout for unused sick leave. 202 Resolution No. 2021 – xxx FY 2021/22 Salary Schedule and Benefit Plan for Non-Represented Employees Adopted: June 15, 2021 Page 3 of 6 2.2 City Benefit Contribution Effective July 1, 2021, the maximum City benefit contribution is $1,742 per month for all regular full-time employees to be used for medical, dental, vision, and general life insurance benefits. Employees who elect a health insurance program (medical, dental, vision, and standard life insurance) that is less than $1,742 can elect to use any unused portion of the City contribution up to a maximum of $250 for eligible additional Section 125 benefits, enrollment shall take place during the City’s open enrollment period. The employee contribution for insurance coverage shall be paid by payroll deduction as a condition of enrollment and continuous insurance coverage. The formal plan documents shall govern the benefits, terms and conditions of coverage. 2.3 Medical Opt-Out Payment Personnel Policy Section 13.1.2 states that an employee who provides the City evidence of medical insurance under a separate policy and requests to be deleted from the City's coverage shall receive $250 per month as an in-lieu payment. Should such other coverage subsequently be unavailable to the employee, the employee shall have the right to seek reinstatement to coverage under the City’s policy upon written request. In such a case, the City shall reinstate the employee's coverage and cancel the in-lieu payment if reinstatement is permitted under the provisions for reinstatement, then in effect with the City's health insurance provider. 2.4 Flexible Spending Plan Under Section 125 The City has established a flexible spending account plan managed by a third- party administrator that allows employees to participate and pay for qualified expenses on a pre-tax basis. Employees who elect to participate will pay the monthly administration fee and optional medical reimbursement debit card fee through payroll deduction. 2.5 Tuition Reimbursement Subject to Department Director and Employee Relations Officer (or designee) approval, Regular Full-time Employees may attend and be reimbursed up to a maximum of $3,500 per fiscal year not to exceed a total annual budget of $52,500 for the cost of educational courses taken at an accredited college or university. 203 Resolution No. 2021 – xxx FY 2021/22 Salary Schedule and Benefit Plan for Non-Represented Employees Adopted: June 15, 2021 Page 4 of 6 Reimbursement will be made only after an employee has satisfactorily completed the class with a grade of "B" or better. Evidence of the same has been submitted and approved by the Employee Relations Officer. The general rule is that an employee must be employed when they start and complete the class or workshop to be reimbursed. If an employee resigns or retires their employment with the City or is terminated for disciplinary reasons within two (2) years of receiving reimbursement under these provisions, Employee shall reimburse the City for all monies paid them for educational reimbursement received dating back two (2) years from their termination date. If an Employee has followed the foregoing requirements for reimbursement and, through no fault of their own, is laid off before completion of the approved class or workshop, the Employee will continue to be eligible for reimbursement even though the City no longer employs them. No Employee will be eligible for reimbursement for any class or workshop taken after the Employee has been given written notice of layoff, a notice of termination for failing to pass the Probationary Period, or notice of intent to terminate employment for cause. Required forms must be completed, and necessary documentation (receipts and grades) must be provided to receive reimbursement. The Employee Relations Officer shall make final and conclusive determinations of the reimbursement amount after review of the request and recommendations by the Department Director and the Employee Relations Officer. Mileage reimbursement may not be submitted for travel to and from educational classes. Education that is a requirement for continuation of employment or is an identified part of a job evaluation shall be paid for by the City and not through the Tuition Reimbursement Program 2.6 Computer Loan Program The City agrees to continue the Computer Loan Program (Program) and fund the Program in the amount of $17,500 at a maximum of $1,750 per employee. Any employee who has participated in the Program and has paid his/her loan in full may participate again if there is money available after those employees who have not previously participated have been funded. 2.6 Annual Wellness Dollars The Annual Employee Fitness Membership Subsidy of $75 will be replaced with the Annual Wellness Dollars Program, which provides employees $200 each 204 Resolution No. 2021 – xxx FY 2021/22 Salary Schedule and Benefit Plan for Non-Represented Employees Adopted: June 15, 2021 Page 5 of 6 year to purchase fitness classes, fitness memberships, and wellness equipment. SECTION 3. WORK HOURS, SCHEDULES, AND LEAVE 3.1 Hours Worked Employee hours of work shall be as stated in the City's Personnel Policies unless superseded as provided in Section 4.2 herein. 3.2 Alternate Work Week Schedule The Alternate Work Week Schedule ("AWWS") will utilize a 9/80 schedule. Employees may elect to participate in the AWWS by working eight 9-hour days and one 8-hour day, with every other 8-hour day off. 3.3 Leaves All specified leaves as provided in Section 8 of the CITY's Personnel Policy. SECTION 4. ANNUAL PERFORMANCE REVIEW Employees shall receive an annual performance review on the anniversary of the date of hire or the date upon which they were most recently promoted/reclassified for the previous 12-month period. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 15th day of June, 2021 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ________________________ LINDA EVANS, Mayor City of La Quinta, California 205 Resolution No. 2021 – xxx FY 2021/22 Salary Schedule and Benefit Plan for Non-Represented Employees Adopted: June 15, 2021 Page 6 of 6 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 206 2021/22 Salary ScheduleWORKING TITLEDBM STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10Administrative AssistantMaintenance Worker IA11 $ 39,594.09 $ 41,573.79 $ 43,553.50 $ 45,533.20 $ 47,512.91 $ 49,125.13 $ 50,737.35 $ 52,349.57 $ 53,961.79 $ 55,574.03 Maintenance Worker II A12 $ 43,561.90 $ 45,740.00 $ 47,918.09 $ 50,096.19 $ 52,274.28 $ 54,048.05 $ 55,821.82 $ 57,595.59 $ 59,369.36 $ 61,143.14 Administrative TechnicianCommunity Resources CoordinatorManagement AssistantTraffic Signal TechnicianB21 $ 51,509.43 $ 54,084.91 $ 56,660.38 $ 59,235.85 $ 61,811.32 $ 63,908.82 $ 66,006.32 $ 68,103.82 $ 70,201.32 $ 72,298.82 Account TechnicianBuilding Inspector ICode Compliance Officer IExecutive Assistant Administrative Technician Permit TechnicianB22 $ 55,477.24 $ 58,251.10 $ 61,024.96 $ 63,798.82 $ 66,572.68 $ 68,831.73 $ 71,090.78 $ 73,349.83 $ 75,608.88 $ 77,867.93 Building Inspector IICode Compliance Officer IIConstruction InspectorMaintenance & Operations TechnicianB23 $ 59,445.05 $ 62,417.30 $ 65,389.55 $ 68,361.81 $ 71,334.06 $ 73,754.66 $ 76,175.26 $ 78,595.86 $ 81,016.46 $ 83,437.04 Deputy City ClerkJunior AccountantMaintenance ForemanManagement SpecialistParks/L&L ForemanPlans ExaminerB24 $ 64,914.69 $ 68,160.43 $ 71,406.16 $ 74,651.89 $ 77,897.63 $ 80,540.90 $ 83,184.17 $ 85,827.44 $ 88,470.71 $ 91,113.99 AccountantManagement SpecialistB25 $ 71,645.28 $ 75,227.54 $ 78,809.80 $ 82,392.07 $ 85,974.33 $ 88,891.79 $ 91,809.25 $ 94,726.71 $ 97,644.17 $ 100,561.65 Animal/Code Officer SupervisorMaintenance & Operations SuperintendentPlans Examiner/Inspector SupervisorB32 $ 71,645.28 $ 75,227.54 $ 78,809.80 $ 82,392.07 $ 85,974.33 $ 88,891.79 $ 91,809.25 $ 94,726.71 $ 97,644.17 $ 100,561.65 WORKING TITLEDBM STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 STEP 11 STEP 12 STEP 13 STEP 14Assistant Construction ManagerAssociate PlannerCommunity Resources AnalystSr. Emergency Management CoordinatorFinancial Services AnalystHuman Resources AnalystManagement AnalystPublic Safety AnalystTraffic Operations AnalystC42 $ 78,471.50 $ 81,741.41 $ 85,011.32 $ 88,281.22 $ 91,551.13 $ 94,817.11 $ 98,089.38 $ 100,933.97 $ 103,778.56 $ 106,623.15 $ 109,467.74 $ 112,312.33 $ 115,156.92 $ 118,001.50 Construction Manager/Inspection SupervisorC43 $ 82,774.75 $ 86,223.98 $ 89,673.20 $ 93,122.43 $ 96,571.65 $ 100,016.74 $ 103,468.44 $ 106,469.02 $ 109,469.60 $ 112,470.18 $ 115,470.76 $ 118,471.34 $ 121,471.92 $ 124,472.52 Associate EngineerSenior PlannerC44 $ 88,163.52 $ 91,837.30 $ 95,511.07 $ 99,184.85 $ 102,858.62 $ 106,527.99 $ 110,204.41 $ 113,400.33 $ 116,596.25 $ 119,792.17 $ 122,988.09 $ 126,184.01 $ 129,379.93 $ 132,575.88 Accounting ManagerAssistant to the City ManagerBuilding OfficialCommunity Resources ManagerHub ManagerHuman Resources ManagerMarketing ManagerPlanning ManagerPublic Safety ManagerD61 $ 100,013.65 $ 104,181.21 $ 108,348.78 $ 112,516.35 $ 116,683.92 $ 120,846.49 $ 125,017.06 $ 128,642.55 $ 132,268.04 $ 135,893.53 $ 139,519.02 $ 143,144.51 $ 146,770.00 $ 150,395.50 City ClerkD62 $ 105,014.33 $ 109,390.28 $ 113,766.23 $ 118,142.17 $ 122,518.12 $ 126,888.82 $ 131,267.92 $ 135,074.69 $ 138,881.46 $ 142,688.23 $ 146,495.00 $ 150,301.77 $ 154,108.54 $ 157,915.30 Facilities Deputy DirectorD63 $ 110,265.05 $ 114,859.80 $ 119,454.54 $ 124,049.29 $ 128,644.03 $ 133,233.26 $ 137,831.31 $ 141,828.42 $ 145,825.53 $ 149,822.64 $ 153,819.75 $ 157,816.86 $ 161,813.97 $ 165,811.07 Community Resources DirectorDesign & Development DirectorFinance Director/City TreasurerPublic Works Director/City EngineerE82 $ 132,818.51 $ 138,353.05 $ 143,887.60 $ 149,422.15 $ 154,956.70 $ 160,484.60 $ 166,023.13 $ 170,837.80 $ 175,652.47 $ 180,467.14 $ 185,281.81 $ 190,096.48 $ 194,911.15 $ 199,725.80 City Manager F101* $ 180,712.41 $ 188,242.70 $ 195,772.98 $ 203,303.27 $ 210,833.56 $ 218,354.81 $ 225,890.51 $ 232,441.33 $ 238,992.15 $ 245,542.97 $ 252,093.79 $ 258,644.61 $ 265,195.43 $ 271,746.25 Per MeetingMonthly Recreation LeaderA01$14.00 $14.70 $15.40 $16.10 $16.80$0.00$2,800.00Senior Recreation LeaderA02$18.00 $18.90 $19.80 $20.70 $21.60$50.00$2,300.00Administrative TechnicianB21$24.76 $26.00 $27.24 $28.48 $29.72$75.00Software Program Report WriterB24$31.21 $32.77 $34.33 $35.89 $37.45$100.00Planning Commission FULL-TIME EMPLOYEES (ANNUAL) Council MembersBoards and Commission MembersConstruction Appeals & Oversight BoardHousing CommissionCommunity Services & Financial Advisory CommissionPART-TIME EMPLOYEES (HOURLY)Elected Official PositionsMayorFULL-TIME EMPLOYEES (ANNUAL) City Council Approval - 06/15/2021Effective - 07/01/2021 RESOLUTION NO. 2021-XXXEXHIBIT A207 208 City of La Quinta CITY COUNCIL MEETING: June 15, 2021 STAFF REPORT AGENDA TITLE: APPROVE CANCELLING THE REGULAR CITY COUNCIL MEETINGS OF JULY 6, AUGUST 17, AND SEPTEMBER 7, 2021 RECOMMEDATION Approve cancelling the regular City Council meetings of July 6, August 17, and September 7, 2021. EXECUTIVE SUMMARY Council traditionally modifies its meeting schedule during summer months if there are no known time-sensitive matters requiring Council action. Advance notice of cancelled meetings allows Councilmembers, Staff, and the public to properly plan for deadlines and workflow. FISCAL IMPACT There would be a cost savings consisting of the time and materials associated with production of agenda packets. BACKGROUND/ANALYSIS The City Manager and Executive Team have reviewed the items requiring Council consideration, and all matter that require Council review have been scheduled for the July 20 and August 3, 2021 meetings. Council will hold a special meeting on June 23, 2021 to conduct the annual City boards, commissions, and committees’ interviews and appointments. The recommended summer meeting schedule is as follows: June 23 special meeting July 6 CANCELLED July 20 regular meeting August 3 regular meeting August 17 CANCELLED September 7 CANCELLED September 21 regular meeting Should a pressing situation or matter require Council direction or action before the next regular meeting, a special meeting will be called. BUSINESS SESSION ITEM NO. 1 209 ALTERNATIVES Council may select alternate dates for cancelled meetings, cancel only one meeting, cancel two meetings, or cancel no meetings. Prepared by: Monika Radeva, City Clerk Approved by: Jon McMillen, City Manager 210 City of La Quinta CITY COUNCIL MEETING: June 15, 2021 STAFF REPORT AGENDA TITLE: APPROVE MEMORANDUM OF UNDERSTANDING WITH GREATER COACHELLA VALLEY CHAMBER OF COMMERCE FOR FISCAL YEAR 2021/22 TO SUPPORT BUSINESS DEVELOPMENT, RETENTION, AND TOURISM RECOMMENDATION Approve a Memorandum of Understanding with the Greater Coachella Valley Chamber of Commerce for fiscal year 2021/22 for publications and events to support business development, retention, and tourism; and authorize the City Manager to execute the Memorandum of Understanding. EXECUTIVE SUMMARY •The City has had annual services agreements with the La Quinta Chamber of Commerce or the Greater Coachella Valley Chamber of Commerce (Chamber) since 1991 to support business development, retention, and tourism. •Per the proposed Memorandum of Understanding (MOU), the City would fund event sponsorships if they occur and have an exclusive content section in the Gem magazine. FISCAL IMPACT The 2021/22 budget would allocate $95,200 for Chamber services in the Marketing & Tourism Account No. 101-3007-60461. This includes: $ 82,450 $ 8,000 $ 4,750 •The Gem magazine •State of the City •Hot Rod & Custom Car Show sponsorship •Dinner Under the Glow (NEW)$ 0 This is the same amount as the 2020/21 MOU. Should an event not occur for any unforeseen reason, the City would not be charged for the event. BUSINESS SESSION ITEM NO. 2 211 BACKGROUND/ANALYSIS The MOU would be managed by the City Manager’s Office. The scope of work includes: •The Gem, a print publication distributed to approximately 23,000 residences and businesses in La Quinta Six full City pages per month, 72 pages per year Digital distribution in social media and email blasts •State of the City Presentation by Mayor and Council of City progress and on-going development efforts Awards presented to local businesses as determined by a process agreed to by both parties •Hot Rod & Custom Car Show Sponsorship Chamber would manage exhibitors, security, the beer garden, food vendors, entertainment and licensing •Dinner Under the Glow City would offer SilverRock event site to Chamber as part of sponsorship Chamber would execute all other aspects of event ALTERNATIVES Council may choose to make modifications to the scope and/or funding levels. Prepared by: Marcie Graham, Marketing Manager Approved by: Jon McMillen, City Manager Attachment: 1. Memorandum of Understanding 212 ATTACHMENT 1 213 214 215 216 217 218 City of La Quinta CITY COUNCIL MEETING: June 15, 2021 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION TO APPROVE FISCAL YEAR 2021/22 THROUGH 2025/26 CAPITAL IMPROVEMENT PROGRAM RECOMMENDATION Adopt a resolution to approve the 2021/22 through 2025/26 Capital Improvement Program. EXECUTIVE SUMMARY •The Capital Improvement Program (CIP) is a five -year program that identifies the scope, budget, and schedule for street, park, facility, and infrastructure projects. •Staff presented the 2021/22 projects on February 24, 2021 to the Financial Advisory Commission (FAC) and on March 2, 2021 to the Council. •16 projects are identified for 2021/22 with an estimated cost of $10.8 million. This first year of the CIP Program is called the “Capital Budget”. •The 2021/22 projects have been incorporated for appropriation into the Operating and Capital Budget. •Pursuant to the Government Code, Council must hold a public hearing on the CIP and consider its adoption by resolution after a public hearing. FISCAL IMPACT While the Council is requested to approve the five-year CIP, only the 2021/22 projects are funded as follows: PUBLIC HEARING ITEM NO. 1 219 Project No. Project Total Funding 2122ADA ADA Accessible Ramps - Various Locations $ 20,000 2122CPM Citywide Preventative Maintenance Plan Improvements $ 50,000 2122PMP Pavement Management Plan Street Improvements $ 1,500,000 2122STI Sidewalks - Various Locations $ 55,000 2122TMI Citywide Traffic Signal Maintenance Improvements $ 235,000 2122DRA Citywide Drainage Improvements $ 477,000 201512 La Quinta Landscape Renovation Improvements $ 1,408,356 201609 Jefferson Avenue 53 Roundabout $ 550,000 201702 Developer Reimbursement for DIF Eligible Improvements $ 400,000 201804 Landscape and Lighting Median Island Improvements $ 500,000 201901 Village Art Plaza, Promenade and Cultural Center $ 2,700,000 201905 Highway 111 Corridor Area Plan Implementation $ 1,000,000 202101 Dune Palms Road Pavement Rehabilitation $ 1,021,100 202102 Fritz Burns Park Improvements $ 350,000 202103 Citywide Miscellaneous ADA Improvements $ 128,350 202104 Citywide Striping Refresh $ 400,000 TOTAL: $10,794,806 Color Key TEAL: Measure G Funds $2,758,356 (25%) ORANGE: General Funds $2,552,000 (24%) WHITE: Transportation DIF, Grants, Measure A, SB1 $2,784,450 (26%) YELLOW: Special Revenue Funds $2,700,000 (25%) BACKGROUND/ANALYSIS The CIP presents a five-year assessment of the community’s infrastructure, facility and equipment needs; a five-year funding strategy is also outlined. It is updated annually, and the current year CIP projects are included in the Operating and Capital Budget. Funds are appropriated and the City then implements the current year CIP projects. The CIP process starts in January of each year and involves the community, Council, and the FAC. Staff and an FAC CIP Budget Committee conducted several meetings with FAC Commissioners, Batavick and Hoffner. The committee provided a thorough review and fiscal analysis of the proposed 2021/22 through 2025/26 CIP budget and provided a report to the FAC and Council. Staff presented 2021/22 CIP projects to the FAC on February 24, 2021 and to the Council during study session on March 2, 2021. The following is a summary of the 2021/22 projects: 220 2021/22 CIP Projects •Transportation - Roadway ✓Pavement Management Plan ✓Dune Palms Drive Pavement Rehabilitation (from Miles Avenue to Fred Waring Drive) ✓Jefferson Street at Avenue 53 Roundabout ✓Citywide Striping Refresh •Transportation - Pedestrian ✓ADA Accessible Ramps – Various Locations ✓Sidewalks – Various Locations ✓Highway 111 Corridor Area Plan Implementation ✓Citywide Miscellaneous ADA Improvements •Parks and Facilities ✓Citywide Preventative Maintenance Improvements ✓Fritz Burns Park Improvements ✓Village Art Plaza, Promenade and Cultural Center •Landscape Improvements ✓La Quinta Landscape Renovation Improvements ✓Landscape and Lighting Median Island Improvements •Drainage Enhancements ✓Citywide Drainage Enhancements (Eisenhower Drive , Washington Street, Calle Tampico and Dune Palms corridors) •Reimbursement Agreements ✓Developer Reimbursement for DIF Eligible Improvements •Traffic Signal Improvements ✓Citywide Traffic Signal Maintenance Improvements The Capital Budget is based on existing funds and projected revenues. Projects slated for subsequent years are approved on a planning basis and do not receive expenditure authority until they are incorporated in the Capital Budget. Those projects designated as “Additional Projects” in Attachment 1 do not have identified funding sources. In the case of Development Impact Fee (DIF) funded projects, a long-term collection period is required to accumulate funds before projects are implemented. Notice of public hearing was advertised in The Desert Sun newspaper on June 4, 2021. 221 ALTERNATIVES Council may modify the 2021/22 through 2025/26 CIP. Prepared by: Carley Escarrega, Management Assistant Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachment: 1. CIP Unfunded Additional Projects Expenditure Summary 222 RESOLUTION NO. 2021 - XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE FISCAL YEAR 2021/2022 THROUGH 2025/2026 CAPITAL IMPROVEMENT PROGRAM WHEREAS, pursuant to Government Code Section 66002, the City of La Quinta (“City”) is required to review and approve a Capital Improvement Program (“CIP”); and WHEREAS, the City is required to conduct a noticed public hearing for consideration and approval of the CIP; and WHEREAS, notice of the public hearing has been given pursuant to Government Code Section 65090, specifically, the required notice was published on June 4, 2021 in The Desert Sun; and WHEREAS, the CIP is a five-year planning instrument used by the City to identify capital improvement needs and to coordinate financing and timing of those needs in a manner that maximizes the return to the public; and WHEREAS, the CIP is a statement of the City’s goals, objectives and priorities for a five-year plan and the financial commitments required to accomplish those objectives; and WHEREAS, the Fiscal Year 2021/2022 through 2025/2026 Program proposes approximately $46.8 million in improvement projects and identifies $70.5 million of unfunded additional improvement projects over the five -year period, commencing on July 1, 2021 and ending June 30, 2026; and WHEREAS, the amount allocated for the CIP for first-year projects, called the “Capital Budget,” proposes $10.8 million in improvements, which will become effective on July 1, 2021; and WHEREAS, it would be in the best interest of the public to completely fund all improvements identified within the Capital Budget. NOW THEREFORE, BE IT RESOLVED, by the La Quinta City Council, as follows: SECTION 1. The above recitations are true and correct. 223 Resolution No. 2021 - XXX Capital Improvement Program for Fiscal Years 2021/22 through 2025/26 Adopted: June 15, 2021 Page 2 of 2 SECTION 2. The City Council hereby approves the Fiscal Year 2021/2022 through 2025/2026 Capital Improvement Program “Exhibit A” and confirms the inclusion of the Capital Budget into the Fiscal Year 2021/2022 operating budget, which appropriates funds for specific facilities, equipment and improvements. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 15th 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 224 Project # Project DescriptionGeneral Fund OperatingMeasure G Sales TaxSB 1 Road Maint/RehabDIF Community and Cultural CenterDIF Transportation Measure A Other RevenueOther Revenue SourceTotal 2021/20222122ADA ADA Accessible Ramps - Various Locations20,00020,0002122CPM Citywide Preventative Maintenance Plan Improvements50,000Equip Replacement Fund50,0002122PMP Pavement Management Plan Street Improvements 1,500,0001,500,0002122STI Sidewalks - Various Locations55,00055,0002122TMI Citywide Traffic Signal Maintenance Improvements235,000 235,0002122DRA Citywide Drainage Enhancements477,000477,000201603 La Quinta Landscape Renovation Improvement1,408,3561,408,356201702 Developer Reimbursement for DIF Eligible Improvements400,000 400,000201709 Avenue 53 Jefferson St. Roundabout 204,500 345,500 550,000201804 Landscape and Lighting Median Island Improvements 500,000500,000201901 Village Art Plaza Promenade and Cultural Center125,000 2,575,000Library Funds2,700,000201905 Highway 111 Corridor Area Plan Implementation1,000,0001,000,000202101 Dune Palms Road Pavement Rehabilitation (Fred Waring Drive to Miles Avenue) 781,100 240,000 1,021,100202102 Fritz Burns Park Improvements350,000350,000202103 Citywide Miscellaneous ADA Improvements128,350Community Dev Block Grant128,350202104 Citywide Striping Refresh400,000 400,000FY 2021/2022 SUBTOTAL: 2,552,000 2,758,356 781,100 125,000 604,500 1,220,500 2,753,350 10,794,8062022/20232223ADA ADA Accessible Ramps - Various Locations20,00020,0002223CPM Citywide Preventative Maintenance Plan Improvements50,000Equip Replacement Fund50,0002223PMP Pavement Management Plan Street Improvements 1,500,0001,500,0002223STI Sidewalks - Various Locations55,00055,0002223TMI Citywide Traffic Signal Maintenance Improvements235,000 235,0002223DRA Citywide Drainage Enhancements477,000477,000201702 Developer Reimbursement for DIF Eligible Improvements400,000 400,000201804 Landscape and Lighting Median Island Improvements 500,000500,000201805 Corporate Yard Administrative Offices and Crew Quarters2,773,0002,773,000201905 Highway 111 Corridor Area Plan Implementation1,000,0001,000,000202102 Fritz Burns Park Improvements2,000,0002,000,000202201 Avenue 50 Pavement Rehabilitation (Washington St. to Eisenhower Dr.)1,100,000 1,100,000202202 City Hall Rehabilitation100,000100,000202203 Fred Waring Drive Pavement Rehabilitation (Washington Street to Adams Street)800,000 520,000 1,320,000FY 2022/2023 SUBTOTAL: 2,652,000 5,773,000 800,000 0 400,000 1,855,000 50,000 11,530,0002023/20242324ADA ADA Accessible Ramps - Various Locations20,00020,0002324CPM Citywide Preventative Maintenance Plan Improvements50,000Equip Replacement Fund50,0002324PMP Pavement Management Plan Street Improvements 1,500,0001,500,0002324STI Sidewalks - Various Locations55,00055,0002324TMI Citywide Traffic Signal Maintenance Improvements235,000 235,0002324DRA Citywide Drainage Enhancements477,000477,000201702 Developer Reimbursement for DIF Eligible Improvements400,000 400,000201804 Landscape and Lighting Median Island Improvements 500,000500,000201805 Corporate Yard Administrative Offices and Crew Quarters3,657,0003,657,000201905 Highway 111 Corridor Area Plan Implementation1,000,0001,000,000202202 City Hall Rehabilitation900,000900,000202301 Avenue 58 Pavement Rehabilitation (Jefferson Street to Madison Street)1,380,000 1,380,000202302 Caleo Bay at Avenue 47 (New Traffic Signal)430,000 430,000202303 Washington Street at Lake La Quinta Drive (New Traffic Signal)430,000 430,000202304 Francis Hack Lane Pavement Rehabilitation (Avenida Bermudas to Cul-De-Sac)380,000380,000CITY OF LA QUINTACAPITAL IMPROVEMENT PROGRAMREVENUE SUMMARYRESOLUTION NO. 2021-XXX EXHIBIT A ADOPTED: JUNE 15, 2021225 Project # Project DescriptionGeneral Fund OperatingMeasure G Sales TaxSB 1 Road Maint/RehabDIF Community and Cultural CenterDIF Transportation Measure A Other RevenueOther Revenue SourceTotal 202305 Washington Street Sidewalk Improvements (Avenue 50 to Calle Tampico)478,000478,000FY 2023/2024 SUBTOTAL: 3,452,000 4,657,000 858,000 0 1,260,000 1,615,000 50,000 11,892,0002024/20252425ADA ADA Accessible Ramps - Various Locations20,00020,0002425CPM Citywide Preventative Maintenance Plan Improvements50,000Equip Replacement Fund50,0002425PMP Pavement Management Plan Street Improvements 1,500,0001,500,0002425STI Sidewalks - Various Locations55,00055,0002425TMI Citywide Traffic Signal Maintenance Improvements235,000 235,0002425DRA Citywide Drainage Enhancements477,000477,000201702 Developer Reimbursement for DIF Eligible Improvements400,000 400,000201804 Landscape and Lighting Median Island Improvements 500,000500,000201905 Highway 111 Corridor Area Plan Implementation1,000,0001,000,000202401 Avenue 50 Sidewalk Improvements (Washington Street to Avenida Montero)400,000 400,000202402 Moon River Drive Pavement Rehabilitation (Ave 50 to DSUSD ROW)400,000 400,000202403 Washington Street Sidewalk Improvements (Calle Tampico to Avenue 52)444,000 444,000202404 Cove Area Slurry Seal Improvements Phase 1860,000860,000FY 2024/2025 SUBTOTAL: 2,552,000 1,000,000 860,000 0 400,000 1,479,000 50,000 6,341,0002025/20262526ADA ADA Accessible Ramps - Various Locations20,00020,0002526CPM Citywide Preventative Maintenance Plan Improvements50,000Equip Replacement Fund50,0002526PMP Pavement Management Plan Street Improvements 1,500,0001,500,0002526STI Sidewalks - Various Locations55,00055,0002526TMI Citywide Traffic Signal Maintenance Improvements235,000 235,0002425DRA Citywide Drainage Enhancements477,000477,000201702 Developer Reimbursement for DIF Eligible Improvements400,000 400,000201804 Landscape and Lighting Median Island Improvements 500,000500,000201905 Highway 111 Corridor Area Plan Implementation1,000,0001,000,000202501 Citywide Striping Refresh400,000 400,000202502 Highway 111/Simon Drive Dual Left Turn Lanes723,850 723,850202503 Cove Area Slurry Seal Improvements Phase 2850,000850,000FY 2025/2026 SUBTOTAL: 2,552,000 1,000,000 850,000 0 400,000 1,358,850 50,000 6,210,850TOTAL FISCAL YEARS 2021/22 THROUGH 2025/26: 13,760,000 15,188,356 4,149,100 125,000 3,064,500 7,528,350 2,953,350 46,768,656226 Project # Project DescriptionEngineering ConstructionInspection Professional Contingency Other Other Expenditure Total2021/20222122ADA ADA Accessible Ramps - Various Locations 1,450 14,000 1,350 1,200 2,000 20,0002122CPM Citywide Preventative Maintenance Plan Improvements 3,625 35,000 3,375 3,000 5,000 50,0002122PMP Pavement Management Plan Street Improvements 106,952 1,069,519 104,278 82,888 136,363 1,500,0002122STI Sidewalks - Various Locations3,988 38,500 3,713 3,300 5,500 55,0002122TMI Citywide Traffic Signal Maintenance Improvements 17,038 164,500 15,863 14,100 23,500 235,0002122DRA Citywide Drainage Enhancements 34,583 333,900 32,198 28,620 47,700 477,000201603 La Quinta Landscape Renovation Improvement 102,106 985,849 95,064 84,501 140,836 1,408,356201702 Developer Reimbursement for DIF Eligible Improvements400,000Developer Reimbursement400,000201709 Avenue 53 Jefferson St. Roundabout 500,000 50,000 550,000201804 Landscape and Lighting Median Island Improvements 500,000500,000201901 Village Art Plaza Promenade and Cultural Center 195,750 1,890,000 182,250 162,000 270,000 2,700,000201905 Highway 111 Corridor Area Plan Implementation 72,500 700,000 67,500 60,000 100,000 1,000,000202101 Dune Palms Road Pavement Rehabilitation (Fred Waring Drive to Miles Avenue) 72,806 728,057 70,986 56,424 92,827 1,021,100202102 Fritz Burns Park Improvements 315,000 35,000350,000202103 Citywide Miscellaneous ADA Improvements128,350128,350202104 Citywide Striping Refresh29,000 280,000 27,000 24,000 40,000 400,000FY 2021/2022 SUBTOTAL: 954,796 7,367,675 603,576 555,033 913,726 400,000 10,794,806CITY OF LA QUINTACAPITAL IMPROVEMENT PROGRAMEXPENDITURE SUMMARY227 Project # Project DescriptionEngineering ConstructionInspection Professional Contingency Other Other Expenditure Total2022/20232223ADA ADA Accessible Ramps - Various Locations 1,450 14,000 1,350 1,200 2,000 20,0002223CPM Citywide Preventative Maintenance Plan Improvements 3,625 35,000 3,375 3,000 5,000 50,0002223PMP Pavement Management Plan Street Improvements 106,952 1,069,519 104,278 82,888 136,363 1,500,0002223STI Sidewalks - Various Locations3,988 38,500 3,713 3,300 5,500 55,0002223TMI Citywide Traffic Signal Maintenance Improvements 17,038 164,500 15,863 14,100 23,500 235,0002223DRA Citywide Drainage Enhancements 34,583 333,900 32,198 28,620 47,700 477,000201702 Developer Reimbursement for DIF Eligible Improvements400,000Developer Reimbursement400,000201804 Landscape and Lighting Median Island Improvements 500,000500,000201805 Corporate Yard Administrative Offices and Crew Quarters 201,043 1,941,100 187,178 166,380 277,300 2,773,000201905 Highway 111 Corridor Area Plan Implementation 72,500 700,000 67,500 60,000 100,000 1,000,000202102 Fritz Burns Park Improvements1,545,000 135,000 120,000 200,000 2,000,000202201 Avenue 50 Pavement Rehabilitation (Washington St. to Eisenhower Dr.) 79,750 770,000 74,250 66,000 110,000 1,100,000202202 City Hall Rehabilitation84,000 6,000 10,000 100,000202204 Fred Waring Drive Pavement Rehabilitation (Washington Street to Adams Street) 95,700 924,000 89,100 79,200 132,000 1,320,000FY 2022/2023 SUBTOTAL: 700,627 8,035,519 713,803 630,688 1,049,363 400,000 11,530,0002023/20242324ADA ADA Accessible Ramps - Various Locations 1,450 14,000 1,350 1,200 2,000 20,0002324CPM Citywide Preventative Maintenance Plan Improvements 3,625 35,000 3,375 3,000 5,000 50,0002324PMP Pavement Management Plan Street Improvements 106,952 1,069,519 104,278 82,888 136,363 1,500,0002324STI Sidewalks - Various Locations3,988 38,500 3,713 3,300 5,500 55,0002324TMI Citywide Traffic Signal Maintenance Improvements 17,038 164,500 15,863 14,100 23,500 235,0002324DRA Citywide Drainage Enhancements 34,583 333,900 32,198 28,620 47,700 477,000201702 Developer Reimbursement for DIF Eligible Improvements400,000Developer Reimbursement400,000201804 Landscape and Lighting Median Island Improvements 500,000500,000201805 Corporate Yard Administrative Offices and Crew Quarters 265,133 2,559,900 246,848 219,420 365,700 3,657,000201905 Highway 111 Corridor Area Plan Implementation 72,500 700,000 67,500 60,000 100,000 1,000,000202203 City Hall Rehabilitation695,250 60,750 54,000 90,000 900,000202301 Avenue 58 Pavement Rehabilitation (Jefferson Street to Madison Street) 100,050 966,000 93,150 82,800 138,000 1,380,000202302 Caleo Bay at Avenue 47 (New Traffic Signal) 31,175 301,000 29,025 25,800 43,000 430,000202303 Washington Street at Lake La Quinta Drive (New Traffic Signal) 31,175 301,000 29,025 25,800 43,000 430,000202304 Francis Hack Lane Pavement Rehabilitation (Avenida Bermudas to Cul-De-Sac) 27,550 266,000 25,650 22,800 38,000 380,000202305 Washington Street Sidewalk Improvements (Avenue 50 to Calle Tampico) 34,655 334,600 32,265 28,680 47,800 478,000FY 2023/2024 SUBTOTAL: 729,872 8,279,169 744,988 652,408 1,085,563 400,000 11,892,0002024/20252425ADA ADA Accessible Ramps - Various Locations 1,450 14,000 1,350 1,200 2,000 20,0002425CPM Citywide Preventative Maintenance Plan Improvements 3,625 35,000 3,375 3,000 5,000 50,0002425PMP Pavement Management Plan Street Improvements 106,952 1,069,519 104,278 82,888 136,363 1,500,0002425STI Sidewalks - Various Locations3,988 38,500 3,713 3,300 5,500 55,0002425TMI Citywide Traffic Signal Maintenance Improvements 17,038 164,500 15,863 14,100 23,500 235,0002425DRA Citywide Drainage Enhancements 34,583 333,900 32,198 28,620 47,700 477,000201702 Developer Reimbursement for DIF Eligible Improvements400,000Developer Reimbursement400,000201804 Landscape and Lighting Median Island Improvements 500,000500,000201905 Highway 111 Corridor Area Plan Implementation 72,500 700,000 67,500 60,000 100,000 1,000,000202401 Avenue 50 Sidewalk Improvements (Washington Street to Avenida Montero) 29,000 280,000 27,000 24,000 40,000 400,000202402 Moon River Drive Pavement Rehabilitation (Ave 50 to DSUSD ROW) 29,000 280,000 27,000 24,000 40,000 400,000202403 Washington Street Sidewalk Improvements (Calle Tampico to Avenue 52) 32,190 310,800 29,970 26,640 44,400 444,000202404 Cove Area Slurry Seal Improvements Phase 1 62,350 602,000 58,050 51,600 86,000 860,000228 Project # Project DescriptionEngineering ConstructionInspection Professional Contingency Other Other Expenditure TotalFY 2024/2025 SUBTOTAL: 392,675 4,328,219 370,296319,348 530,463 400,0006,341,0002025/20262526ADA ADA Accessible Ramps - Various Locations1,45014,0001,3501,2002,00020,0002526CPM Citywide Preventative Maintenance Plan Improvements3,62535,0003,3753,0005,00050,0002526PMP Pavement Management Plan Street Improvements106,952 1,069,519 104,27882,888 136,3631,500,0002526STI Sidewalks - Various Locations3,98838,5003,7133,3005,50055,0002526TMI Citywide Traffic Signal Maintenance Improvements17,038 164,50015,86314,10023,500235,0002526DRA Citywide Drainage Enhancements34,583 333,90032,19828,62047,700477,000201702 Developer Reimbursement for DIF Eligible Improvements400,000Developer Reimbursement400,000201804 Landscape and Lighting Median Island Improvements 500,000500,000201905 Highway 111 Corridor Area Plan Implementation 72,500 700,000 67,500 60,000 100,000 1,000,000202501 Citywide Striping Refresh29,000 280,000 27,000 24,000 40,000 400,000202502 Highway 111/Simon Drive Dual Left Turn Lanes 52,479 506,695 48,860 43,431 72,385 723,850202503 Cove Area Slurry Seal Improvements Phase 2 61,625 595,000 57,375 51,000 85,000 850,000FY 2025/2026 SUBTOTAL: 383,239 4,237,114 361,510 311,539 517,448 400,000 6,210,850TOTAL FISCAL YEARS 2021/2022 THROUGH 2025/2026: 3,161,208 32,247,696 2,794,172 2,469,016 4,096,563 2,000,000 46,768,656229 230 Project DescriptionAdministration Engineering ConstructionInspection Professional Contingency Other TotalBRIDGE IMPROVEMENTSAD 1 Washington Street Bridge Railing (Replacement)78,000780,000 76,05039,00097,3051,070,355 DRAINAGE IMPROVEMENTSAD 2 Eisenhower Drive and Avenue 50 Drainage Improvements200,000 1,495,000 155,000 50,000 100,000 2,000,000 MISCELLANEOUS IMPROVEMENTSAD 3 Village Area Parking Structure750,000 5,043,750 731,250 225,000 750,000 7,500,000 AD 4 Golf Cart Routes75,000560,625 58,12518,75037,500749,999 PUBLIC FACILITIESAD 5 City Hall Solar Panels50,000950,000 1,000,000 AD 6 Library/Wellness Center Solar Panels50,000950,000 1,000,000 AD 7 Corporate Yard - Phase III401,879 3,004,049 311,457 100,470 200,940 4,018,794 AD 8 Southeast Area Fire Station439,700 3,286,758 340,768 109,925 219,850 4,397,000 PARKSAD 9 Sports Complex Field Improvements555,113 4,149,469 430,212 138,778 277,556 5,551,129 STREET IMPROVEMENTSAD 10 Avenue 50 Street Improvements (Jefferson Street to Madison Street)120,000 897,000 93,00030,00060,0001,200,000 AD 11 Avenue 58 Street Improvements (Jefferson Street to Madison Street)788,000 5,890,300 610,700 197,000 394,000 7,880,000 AD 12 Avenue 62 Street Improvements (Monroe Street to Madison Street)194,900 1,456,878 151,048 48,72597,4501,949,000 AD 13 Washington Street at Washington Park (Left Turn Lane)25,800192,855 19,9956,45012,900258,000 AD 14Highway 111 at La Quinta Center Drive (Dual Left Turn Lanes)70,300525,493 54,48317,57535,150703,000 AD15 Jefferson Street Extension (Avenue 58 to Avenue 60)306,416 2,290,460 237,472 76,604 153,208 3,064,160 STREET IMPROVEMENTS - BICYCLE PATHSAD 16 Citywide Bicycle Path Improvements860,000 6,428,500 666,500 215,000 430,000 8,600,000 STREET IMPROVEMENTS - ROUNDABOUTSAD 17 Madison Street at Avenue 58 Two Lane Roundabout238,800 1,785,030 185,070 59,700 119,400 2,388,000 AD 18 Madison Street at Avenue 60 Two Lane Roundabout238,800 1,785,030 185,070 59,700 119,400 2,388,000 AD 19 Monroe Street at Avenue 52 Two Lane Roundabout238,800 1,785,030 185,070 59,700 119,400 2,388,000 AD 20 Monroe Street at Avenue 54 Two Lane Roundabout238,800 1,785,030 185,070 59,700 119,400 2,388,000 AD 21 Monroe Street at Avenue 58 Two Lane Roundabout238,800 1,785,030 185,070 59,700 119,400 2,388,000 AD 22 Monroe Street at Avenue 60 Two Lane Roundabout238,800 1,785,030 185,070 59,700 119,400 2,388,000 AD 23 Monroe Street at Avenue 62 Two Lane Roundabout238,800 1,785,030 185,070 59,700 119,400 2,388,000 AD 24 Jefferson Street at Avenue 54 Roundabout238,800 1,785,030 185,070 59,700 119,400 2,388,000 STREET IMPROVEMENTS - TRAFFIC SIGNALSAD 25 Avenue 50 at Orchard Lane (New Traffic Signal)43,000321,425 33,32510,75021,500430,000 SUBTOTAL ADD PROJECTS- 6,918,508 52,502,800 5,449,944 1,761,627 3,842,559 - 70,475,437 Percentages:0.10.74750.07750.0250.05CITY OF LA QUINTACAPITAL IMPROVEMENT PROGRAMUNFUNDED ADDITIONAL PROJECTS - EXPENDITURE SUMMARYProject #ATTACHMENT 1ATTACHMENT 1 231 232 City of La Quinta CITY COUNCIL MEETING: June 15, 2021 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION TO CONFIRM THE ASSESSMENT AND DISTRICT DIAGRAM FOR FISCAL YEAR 2021/22 LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 RECOMMENDATION Adopt a resolution confirming the assessment and District diagram for the Landscape and Lighting Assessment District 89-1 for fiscal year 2021/22, pursuant to the Engineer’s report. EXECUTIVE SUMMARY •Annually, the City Council (Council) must take certain actions pertaining to Citywide Landscape and Lighting Assessment District 89-1 (District) to allow the City to levy annual assessments. •These assessments fund 44% of the citywide landscape, lighting, median, and parkway maintenance costs. The 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. •Adopting this resolution is necessary for the County Assessor to place the assessment on the tax roll for fiscal year 2021/22. FISCAL IMPACT The 2021/22 estimated cost for retention basin and right-of-way maintenance (landscaping and lighting maintenance for medians and parkways) is $2,240,400. The assessment charge will generate an estimated $981,712. The City will also receive $150,000 from County Service Area 152, levied by Riverside County, to fund retention basin maintenance. The combined income is projected to be $1,131,712; this leaves a shortfall of $1,108,688 (funded by the General Fund). PUBLIC HEARING ITEM NO. 2 233 BACKGROUND/ANALYSIS In 1989, Council formed a District to fund costs associated with the maintenance, construction and servicing of landscape areas, streetlights and traffic signals. The District was modified in 1997 to conform to Proposition 218, which required the removal of maintenance costs for facilities that provide general benefit to the public such as parks, fire stations, and public buildings. Since 1997, the City’s District has only included maintenance costs for streets, streetlights, traffic signals, landscape medians, parkways and retention basins since these costs are considered “exempt” under Proposition 218. Beginning in 1997, maintenance of “nonexempt” items (i.e., facilities providing general benefit) were shown separately but still shown as part of the overall landscape maintenance budget. Proposition 218 also requires that any assessment rate increase be supported by a benefits analysis and Citywide vote in favor of the increase. These requirements locked the assessment rate at $35.60 since 1997, while maintenance costs have nearly tripled. On June 1, 2021, Council adopted the following resolutions: •Resolution No. 2021-018, approving the Preliminary Engineer’s Report for Fiscal Year 2021/22 in connection with the District. •Resolution No. 2021-019 declaring intention to levy annual assessment for construction, maintenance, and servicing landscape and lighting improvements within the boundaries of the territory included in the Citywide District and giving notice thereof. The engineer’s report must contain the following information: 1.A description of the services to be provided throughout the District; 2.Total costs necessary to provide all services described in the engineer’s report; 3.A diagram showing the boundaries of the District, includ ing special benefit zones; and 4.An assessment schedule. The final engineer’s report has been completed (Attachment 1) and establishes the maintenance budget and number of benefitting parcels. The chart below compares the projected 2021/22 data with the 2020/21 data: 234 2021/22 2020/21 City wide Benefit Zone Yes Yes Number of Equivalent Benefit Units (EBUs) 27,577 27,420 EBU Rate $35.60/EBU $35.60/EBU District Revenue $981,712 $976,140 The City’s consultant, Willdan Financial Services, projects an increase of 157 EBU’s from 2020/21 to 2021/22; actuals will be based on the final 2021/22 County Secured Tax Roll. This public hearing affords an opportunity for affected property owners to ask questions regarding the District and to provide public testimony regarding any proposed changes. No changes are proposed at this time. Council may adopt 2021/22 assessment fees only after the public hearing has been conducted. Should Council receive testimony through the public meeting/hearing that warrants a change to the assessment level, Council can lower the assessment by a majority vote. If lowered, the reduction in assessment level would impact the revenues necessary to fund the District’s 2021/22 operational budget. Council may also increase the assessment level but only by a special- benefit analysis and vote through a property-owner ballot. If service levels are not adjusted accordingly, the General Fund would be required to make up the difference. ALTERNATIVES The Council can direct staff to adjust the engineer’s report to reflect any changes resulting from the public hearing. Should Council direct amendments to the engineer’s report, an amended report and impacts of the amendments would be submitted for approval at the July 20, 2021 Council meeting. Prepared by: Dianne Hansen, Management Analyst Approved by: Bryan McKinney, Public Works Director/City Engineer Attachment: 1. Final Engineer’s Report 235 236 RESOLUTION NO. 2021 – XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR FISCAL YEAR 2021/2022 LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 (PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972) WHEREAS, maintenance of landscape improvements in roadways and drainage facilities is a very important service in our community. Landscaping, if well maintained, provides beautification and enhancement to the surroundings, along with a positive effect on property values; and WHEREAS, the annual assessments generated by the existing 1972 Act City of La Quinta Landscaping and Lighting District will fund the cost of providing installation, servicing, maintenance, and operation of landscaping, lighting and appurtenant facilities within the City of La Quinta that are exempt under provisions of Proposition 218 voted in by the California residents during the November 1996 election; and WHEREAS, on June 1, 2021, the City Council adopted the following resolutions: •Resolution No. 2021-018, approving the Preliminary Engineer’s Report for Fiscal Year 2020/2021 in connection with Landscape and Lighting Assessment District 89-1; •Resolution No. 2021-019 declaring intention to levy annual assessments for construction, maintenance, and servicing landscape and lighting improvements within the boundaries of the territory included in the citywide Landscape and Lighting Assessment District 89-1, and giving notice thereof; and WHEREAS, a Notice of a Public Hearing to Adopt a Resolution Confirming the Diagram and Assessments for Fiscal Year 2021/2022 Landscape and Lighting Assessment District 89-1 was published in The Desert Sun newspaper on June 3, 2021. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 237 Resolution No. 2021-xxx Landscape and Lighting Assessment District 89-1 – Confirming Diagram & Annual Assessments Adopted: June 15, 2021 Page 2 of 3 SECTION 1. Pursuant to Chapter 3 of the Landscaping and Lighting Act of 1972, the City Council directed the City Engineer to prepare and file an annual report for Fiscal Year 2021/2022. SECTION 2. The City Engineer filed an annual report on June 1, 2021, and the City Council adopted a Resolution of Intention to Levy and Collect Assessments within Landscape and Lighting Assessment District 89 -1 for Fiscal Year 2021/2022 and set a Public Meeting/Hearing date of June 15, 2021 at the La Quinta City Council Chambers, 78-495 Calle Tampico, La Quinta, California. Notice of the Public Meeting/Hearing was given in the time and manner required by law. SECTION 3. On June 15, 2021, a Public Meeting/Hearing for which notice was given, was conducted at which every interested person was given an opportunity to object to the proposed assessment in writing or orally, and the City Council has considered each protest. SECTION 4. On June 15, 2021, the City Council found that written protests against the proposed assessment had not been made by owners representing more than one-half of the area of the land to be assessed. SECTION 5. The City Council hereby confirms the diagram and assessment as set forth in the annual report o f the Engineer of Work and hereby levies the assessment set forth for Fiscal Year 2021/2022. SECTION 6. The City Council authorizes and directs the City Clerk to (i) submit certified copies of this resolution to the County of Riverside and (ii) take such other and further actions as may be necessary and proper for the County Assessor to place this assessment on the tax roll. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 15th day of June 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 238 Resolution No. 2021-xxx Landscape and Lighting Assessment District 89-1 – Confirming Diagram & Annual Assessments Adopted: June 15, 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 239 240 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 1 241 242 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 243 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 15 244 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. 245 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. 246 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. 247 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. 248 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 249 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 250 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. 251 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 252 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. 253 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. 254 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. 255 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 $35.60 256 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 $981,712.34 257 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. 258 Cactus Flower Esplanade Monticello Wild FlowerSun Flower Jefferson Square La Quinta Palms Rancho Ocotillo Quinterra SonrisaDesert Flower La Quinta Highlands AcaciaLa Quinta Del Oro Palm Royale C.C. Bella Vista Starlight Dunes Desert Pride (Reunion) Marbella Point Happy Estates Del Rey Topaz Aliso Del Rey Aliso II Highland Palms Rancho La Quinta Miraflores Watercolors Desert Cove Lake La Quinta Hadley Villas Hidden Canyon Laguna De La Paz Legacy Villas Rancho La Quinta Talante Renaissance Althea Parc La Quinta Desert Club Manor TR 1 Montero Estates La Quinta Golf Estates La Quinta Club & Resort Lago La Quinta La Quinta C.C. Estates Villas of La Quinta Haciendas at La Quinta The Seasons Duna La Quinta La Quinta Fairways Bajada Painted Cove The Citrus Desert Club TR Unit 5 Estancias Palmilla Watermark Villas Citrus El Dorado Gold Reserve Mountain View C.C. La Quinta Polo Estates Diamante La Canterra Polo Estates La Quinta Polo Estates Codorniz The Hideaway Madison Club Rancho Santana Carmela Griffin Ranch PGA West Greg Norman Monterra The Estates at La Quinta PGA West Legends The Village at the Palms Capistrano Piazza Serena Andalusia Trilogy Palizada Village at Coral Mtn. Stone Creek Ranch Coral Mtn Estates PGA West Palo Verde Santa Rosa Trails Alta Verde Lions Gate Santerra The Quarry Puerta Azul PGA West Residence Club Silver Rock Resort Tradition Malaga YMCA Seasons Dog Park Cove Oasis La Quinta High School Vista Dunes Fire Station #93 Fire Station #70 Fire Station #32 La Quinta Entrance Monument (Water Feature) La Quinta Entrance Monument (Water Feature) L a n d s c a p e M a i n t e n a n c e M a p FRED WARING DR JEFFERSON STDUNE PALMS RDWASHINGTON STWASHINGTON ST48TH AVENUE JEFFERSON ST52ND AVENUE CALLE TAMPICO MADISON ST54TH AVENUEMADISON ST58TH AVENUE Facilities Department Maintenance Division Contact: James Lindsey, Maintenance Manager Email: jlindsey@laquintaca.gov Direct Tel. (760) 777-7052 Design & Development Department Engineering Division GIS Contact: Ubaldo Ayón, Management Specialist Email: uayon@laquintaca.gov Direct Tel. (760) 777-7051 AIRPORT BLVD. MILES AVENUE ·|}þ1 1 1 ·|}þ1 1 1 0 0.25 0.5 0.75 10.125 MilesADAMS ST.FRED WARING DR MILES AVENUE 50TH AVENUE 52ND AVENUE 48TH AVENUE 50TH AVENUE CALLE TAMPICO AVENIDA BERMUDASEISENHOWER DRAVENIDAMONT E Z U M A 54TH AVENUE 58TH AVENUE 60TH AVENUE 62ND AVENUEMONROE STMONROE STDate: March 22, 2019 This map is for reference only. 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 COLQCityLimits CALLE RONDOPARK STCALLE SINALOA DESERTCLUB DRSAGEBRUSH AVECALEO CALLE TECATE 53RD AVENUE EISENHOWER DR 47TH AVE SIMON DR SEELEY DR AUTO CTR DR WESTWARD HO DR BAY 259 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. 260 City of La Quinta CITY COUNCIL MEETING: June 15, 2021 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION TO APPROVE FISCAL YEAR 2021/22 BUDGET AND ESTABLISH THE CITY’S APPROPRIATIONS LIMIT RECOMMENDATION Adopt a resolution to approve the Fiscal Year 2021/22 Budget and establish the City’s appropriations limit. EXECUTIVE SUMMARY •The 2021/22 Proposed Budget consists of the City, Housing Authority, Financing Authority, and Capital Improvement budgets and incorporates Council direction provided during study sessions. •The Capital Improvement Program (CIP) is a five-year program that identifies the scope, budget, and schedule for capital projects encompassing street, park, facility, and infrastructure projects. Only year one is funded with this action ($10,794,800). •The Financial Advisory Commission and Housing Commission have unanimously approved the recommended budget. FISCAL IMPACT The Proposed Budget anticipates total revenues of $89,620,439 and total expenditures of $90,041,698 for all funds operated by the City. A summary of revenues and expenses by fund is located in Attachment 1, Exhibit C. BACKGROUND/ANALYSIS Attachment 1 provides a narrative of the 2021/22 Proposed Budget and includes the following exhibits: A – General Fund Revenues and Expenditures by Department/Division B – Measure G Revenues and Expenditures Summary C – Summary of Revenues and Expenditures by Fund for 2021/22 D – Fiscal Year 2021/22 CIP Summary E – Appropriations Limitation Calculation (Gann Limit) F – Fiscal Year 2021/22 Personnel Schedule BUSINESS SESSION ITEM NO. 3 261 ALTERNATIVES Council may further adjust the various appropriations included in the recommended 2021/22 Operating and Capital Improvement Program budgets. Prepared by: Claudia Martinez, Interim Finance Director Approved by: Jon McMillen, City Manager Attachment: 1. 2021/22 Proposed Budget Overview 262 RESOLUTION NO. 2021 - XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ESTABLISHING THE CITY’S APPROPRIATION LIMIT FOR FISCAL YEAR 2021/22 AND APPROVING A BUDGET FOR FISCAL YEAR 2021/22 WHEREAS, each year the La Quinta City Council adopts a Budget for Revenues and Expenditures for the upcoming Fiscal Year; and WHEREAS, the City Council desires to make provisions for a level of services commensurate with the needs of the City; and WHEREAS, the City Council has reviewed said budget and capital improvement program and has had several public meetings to receive public input; and WHEREAS, the City Council has, after due deliberation and consideration, made such amendments in the proposed budget and capital improvement program as it considers desirable; and WHEREAS, Section 7910 of the Government Code of the State of California provides that each year the governing body of each local jurisdiction shall, by resolution, establish its appropriations limit for the following fiscal year; and WHEREAS, Section 7902(b) of the Government Code sets forth the method for determining the said appropriations limit, to be based upon the limit applicable for the prior fiscal year and adjusted for changes in the cost- of-living and in City population. NOW, THEREFORE, BE IT RESOLVED by the City of La Quinta to adopt, as follows: SECTION 1. The appropriations limit for the City of La Quinta established in accordance with Section 7902(b) of the California Government Code, for Fiscal Year 2021/22 is $150,427,126. SECTION 2. It is hereby found and determined that in compliance with Government Code Section 7910, the documentation used in the determination of said appropriations limit for Fiscal Year 2021/22 was 263 Resolution No. 2021 – XXX Budget Approval FY 2021/22 Adopted: June 15, 2021 Page 2 of 3 available to the public in the Finance Department of the City and in the Office of the City Clerk at least fifteen days prior to this date. SECTION 3. The Fiscal Year 2021/22 Budget and capital improvement program which is on file with the City Clerk is hereby approved. SECTION 4. Continuing Appropriations which remain unspent and were authorized by Council in Fiscal Year 2020/21 are approved in the Fiscal Year 2020/21 Budget in an amount not to exceed $706,100 (Exhibit A). SECTION 5. Budget adjustment procedures are approved as follows: A.Additional appropriations and the transfer of cash or unappropriated fund balance from one fund to another shall be made only upon City Council approval. B.Transfers of budgeted appropriations between departments or capital projects shall be made only upon City Council approval. C.Transfers of budgeted appropriations between accounts within a department or capital project may be made with the approval of the City Manager or his designee. D.Prior year budget continuing Appropriations and Encumbrances for unexpended capital project and grant appropriations remaining from uncompleted prior year capital projects and grant programs shall be made with City Manager approval. These carry-over appropriations are for prior year Council approved capital projects and shall not exceed the approved project budget. SECTION 6. The City Council, recognizing the need for maintaining Fund Balance reserves has established a Reserve Policy. These funds cannot be appropriated without the explicit approval of the City Council. Exhibit B (General Fund Reserves Overview) will be used in the Fiscal Year 2020/21 Annual Comprehensive Financial Report “ACFR.” SECTION 7. The City Manager shall render a monthly report to the City Council on the status of City operations as it relates to the approved budget and any amendments thereto. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 15th day of June 2021, by the following vote: 264 Resolution No. 2021 – XXX Budget Approval FY 2021/22 Adopted: June 15, 2021 Page 3 of 3 AYES: NOES: ABSENT: ABSTAIN: _________________________ LINDA EVANS, Mayor City of La Quinta, California ATTEST: __________________________ MONIKA RADEVA, City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: ___________________________ WILLIAM H. IHRKE, City Attorney City of La Quinta, California 265 266 Description/Program Account Number Account Name Estimated Ironman Triathlon postponed to 2021 101-3003-60149 Community Experiences 75,000$ La Quinta Art Celebration postponed to 2021 101-3003-60512 LQ Art Event 45,000$ La Quinta's share of the CVAG Art & Music Line 101-7006-60480 Contribution to other Agencies 300,000$ Equip Emergency Services vehicle 101-2002-71031 Vehicles 13,100$ Marketing efforts to attract group business to hotels 101-1007-60536 TOT Resort Rebate Program 150,000$ $ 583,100 Council Chambers A/V equipment 502-0000-80100 Machinery & Equipment 50,000$ Asset Management Software 502-0000-71048 Public Works Software Enhancements $ 73,000 $ 123,000 $ 706,100 Continuing Appropriations/Carryovers from 2020/21 to 2021/22 GENERAL FUND CARRYOVERS SPECIAL FUNDS CARRYOVERS TOTAL CARRYOVERS FOR ALL FUNDS NOTE: In June 2021 when the budget is adopted, all carryovers are estimates based on projected invoices to end fiscal year 2020/21. Upon completion of the final audit (approx. October 2021), Finance verifies account balances and makes additional carryover recommendations based on current budgetary needs. CITY OF LA QUINTA RESOLUTION NO. 2021-XXX EXHIBIT A 267 ESTIMATED COMMITTED FUND BALANCE ESTIMATED AT 6-30-2021 LOAN PAYMENT TO GENERAL FUND FROM SUCCESSOR AGENCY OPERATING SURPLUS /(SHORTFALL) ESTIMATED AT 6-30-2022 NATURAL DISASTER 10,000,000$ 10,000,000$ ECONOMIC DISASTER 11,000,000$ 11,000,000$ CASH FLOW 5,000,000$ 5,000,000$ CAPITAL REPLACEMENT 10,000,000$ 10,000,000$ UNAPPROPRIATED 15,500,367$ 2,642,888$ $ 62,840 18,206,095$ TOTAL COMMITTED RESERVES 51,500,367$ 2,642,888$ $ 62,840 54,206,095$ SUMMARY RESERVES 6/30/21 51,500,367$ NET CHANGE 2,705,728$ RESERVES 6/30/22 54,206,095$ CALCULATION FOR FORMER REDEVELOPMENT AGENCY LOAN REPAYMENT FY 2021/22 Approved Repayment Fund Total Repayment Distribution % Distribution $ General Fund 3,303,610$ x 80% =2,642,888 Housing Fund 3,303,610$ x 20% =660,722 3,303,610$ ESTIMATED ASSIGNED FUND BALANCE ESTIMATED AT 6-30-2021 ADDITIONS DELETIONS ESTIMATED AT 6-30-2022 SALES TAX (MEASURE G)13,151,469$ 3,578,644$ 16,730,113$ PUBLIC SAFETY FIRE SERVICE TRUST 11,408,000$ (800,200)$ 10,607,800$ CARRYOVERS AND CAPITAL PROJECTS (GENERAL FUND ONLY)12,500,000$ 12,500,000$ PENSION TRUST FUND 11,228,000$ 700,000$ 11,928,000$ OTHER POST EMPLOYMENT BENEFITS TRUST FUND 1,934,000$ 80,000$ 2,014,000$ TOTAL ASSIGNED RESERVES 50,221,469$ 4,358,644$ (800,200)$ 53,779,913$ CITY OF LA QUINTA GENERAL FUND RESERVES OVERVIEW Based on Proposed Budget for 2021/22 ESTIMATED FOR 6-30-2022 Net change, $2,705,728 CITY OF LA QUINTA RESOLUTION NO. 2021-XXX EXHIBIT B 268 2021/22 Proposed Budget Overview The General Fund is the primary operating fund of the City and provides funding for police, fire protection, community programs, parks, public buildings, and administrative operations. The proposed budget has a projected surplus of $62,840, a summary of revenues by category and expenses by department is in Exhibit A. Upon adoption Finance will prepare the final budget document. The 2021/22 proposed budget was presented at twelve public meetings held between February and June. Since the June 1, 2021, study session, the following items have been incorporated to the 2021/22 budget. •Decrease in Police and Fire budgets due to contract savings •Increase in Land Improvements budget for anticipated land purchase for CV Link improvements •Increase in Central Services Transfer out to Gas Tax Fund for road improvements associated with the Ironman Event •Increase in Community Experiences budget to account for citywide events and staffing •Increase in Animal Shelter Contract service budget to account for increased contract rates •Increase in Parks Equipment Maintenance budget for citywide park improvements Revenues 58,804,210$ Less Operating/CIP Expenses (55,162,726) Preliminary Budget Surplus 3,641,484 Less Measure G Reserves (3,578,644) BUDGET SURPLUS 62,840$ GENERAL FUND FY 2021/22 PROPOSED BUDGET SUMMARY ATTACHMENT 1 269 MEASURE G SALES TAX SUMMARY The Financial Advisory Commission was presented the Operating and Capital Improvement budgets and unanimously approved the budgetary uses of Measure G funds which is summarized below. A historical summary is provided in Exhibit B. OTHER FUNDS The City operates 32 Special Revenue Funds, 4 Internal Service Funds, 2 Enterprise Funds and 3 Trust Funds. These funds are legally required to be held separately from the General Fund and are restricted for road repairs, recycling programs, art in public places, police programs, housing programs, bond requirements, golf course operations, internally administered services, and retiree benefits. A summary of revenue and expenses for all Funds is located in Exhibit C. The Capital Improvement Program budget reflects the five-year plan adopted by Council and a summary of funded projects is located in Exhibit D. 2021/22 APPROPRIATIONS LIMIT CALCULATION Annually, the City is required to prepare an Appropriations Limit Calculation (Gann Limit) in accordance with Article XIIIB of the State Constitution. The Gann initiative limits the growth in governments spending to changes in population and inflation. The Gann Limit for 2021/22 is $150,427,126. This means that the City must not spend revenues in excess of this limitation. City revenues subject to the Gann Limit are $57,775,110; therefore, the City is significantly below the limit by a margin of $92,652,016 (Exhibit E). 2021/22 PERSONNEL SCHEDULE Exhibit F summarizes the citywide personnel schedule for 2021/22 and includes 86 full-time and 9.84 part-time positions. Measure G Sales Tax Revenue 11,500,000$ Police Services (5,163,000) Capital Improvements (2,758,356) Available for Appropriation 3,578,644$ MEASURE G SALES TAX SUMMARY 270 2021/22 BUDGET RESOLUTION The list of estimated continuing appropriations/carryovers (Exhibit A to the Budget Resolution) reflects City commitments to projects, services or purchases that were made in 2020/21 but will not be completed, fulfilled, or paid for by the end of the fiscal year. The continuing appropriations total is $706,100; of this amount $583,100 are General Fund carryovers, and $123,000 are Special Funds. These unexpended funds remain available, but Council approval is needed to re- appropriate them for use in 2021/22 (since all appropriations lapse at the end of the fiscal year). Capital project and grant carryovers are not included as they are part of the year-end auditing process and will be included in the 2020/21 year-end budget report. Exhibit B to the Budget Resolution depicts total General Fund reserves currently estimated to end 2020/21 at $51,500,367 with a projected increase of $2,705,728 to $54,206,095 during fiscal year 2021/22. Project fund balances for Measure G sales tax, public safety fund, fire services trust fund, carryovers/capital projects, pension and other employee benefit trusts are also provided. 271 272 ESTIMATED CURRENT RESOURCES: REVENUES: TAXES 45,957,000$ 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 2,401,900 CITY MANAGER 1,076,000 MARKETING/COMMUNITY RELATIONS 1,325,900 CITY ATTORNEY 696,000 CITY CLERK 625,200 COMMUNITY RESOURCES (CR)29,712,920 HUMAN RESOURCES 376,000 POLICE 17,855,100 FIRE 7,660,800 CR ADMINISTRATION 808,500 WELLNESS CENTER OPERATIONS 597,900 RECREATION PROGRAMS/SPECIAL EVENTS 908,300 CODE COMPLIANCE/ANIMAL CONTROL 1,506,320 PUBLIC WORKS 6,281,600 PARKS MAINTENANCE 2,530,900 PUBLIC BUILDINGS 1,321,200 PUBLIC WORKS ADMINISTRATION 739,900 DEVELOPMENT SERVICES 431,200 STREETS 496,600 ENGINEERING SERVICES 761,800 DESIGN & DEVELOPMENT 3,240,600 D&D ADMINISTRATION 656,200 PLANNING 678,600 BUILDING 919,800 THE HUB 986,000 FISCAL SERVICES 11,902,306 FINANCE 1,444,100 CENTRAL SERVICES (Includes CIP)10,458,206 TOTAL ESTIMATED CURRENT REQUIREMENTS 55,162,726$ PRELIMINARY BUDGET SURPLUS 3,641,484$ LESS MEASURE G SALES TAX RESERVES (3,578,644) BUDGET SURPLUS/(DEFICIT)62,840$ CITY OF LA QUINTA GENERAL FUND REVENUES AND EXPENDITURES BY DEPARTMENT/DIVISION FISCAL YEAR 2021/22 ADOPTED BUDGET CITY OF LA QUINTA EXHIBIT A FY 2021/22 ADOPTED BUDGET 273 Fiscal Year (FY) REVENUES 2016/17 Actual 1,462,650$ 2017/18 Actual 9,967,657 2018/19 Actual 10,958,118 2019/20 Actual 10,310,526 2020/21 Budget (Adjusted)10,617,200 2021/22 Budget (Proposed)11,500,000 TOTAL 54,816,151$ Year Earned Reserve Allocation Year Operational Capital Reserves Total by Year 2016/17 Eisenhower Dr. Retention Basin 750,000 2016/17 X-Park Funding 712,650 - 1,462,650 2017/18 Public Safety Fund 300,000 North La Quinta Landscape Improvements 1,802,576 Citywide Drainage Enhancements 2,407,373 La Quinta Village Road Diet Project 1,972,158 2018/19 X-Park Funding 147,350 2019/20 Alongi Building Improvements 800,000 2019/20 SilverRock Event Site 321,900 2020/21 SilverRock Event Site 244,700 2020/21 Alongi Building at SilverRock Event Site 160,000 2020/21 SilverRock Event Site 290,000 2020/21 SilverRock Event Site 10,000 2020/21 SilverRock Event Site 427,250 Measure G Reserves 17/18 1,084,350 9,967,657 2018/19 Public Safety Fund 850,000 Public Safety Contract Services 2,100,000 Citywide Drainage Enhancements 194,730 North La Quinta Landscape Improvements 2,129,613 SilverRock Event Site 1,300,000 Measure G Reserves 18/19 4,383,775 10,958,118 2019/20 Public Safety Contract Services 2,750,000 Corporate Yard Administration/Crew Quarters 411,013 Highway 111 Corridor Improvements 1,000,000 North La Quinta Landscape Improvements 3,703,369 Village Art Plaza Promenade 310,000 Measure G Reserves 19/20 2,136,144 10,310,526 2020/21 Public Safety Contract Services 4,545,000 X-Park Landscaping 275,000 Highway 111 Corridor Improvements 250,000 Measure G Reserves 2020/21 5,547,200 10,617,200 2021/22 Public Safety Contract Services 5,163,000 Landscape Renovation Improvements 1,408,356 Highway 111 Corridor Improvements 1,000,000 Fritz Burns Park Improvements 350,000 Measure G Reserves 2021/22 3,578,644 11,500,000 TOTAL 15,708,000$ 22,378,038$ 16,730,113$ 44,198,951$ 29%41%31% MEASURE G REVENUES AND USES SUMMARY MEASURE G USES CITY OF LA QUINTA EXHIBIT B FY 2021/22 ADOPTED BUDGET 274 FUND #FUND NAME Estimated Ending Fund Balance As of June 30, 2021 TOTAL REVENUES TOTAL EXPENSES SURPLUS / (DEFICIT) Estimated Ending Fund Balance As of June 30, 2022 101 GENERAL FUND 50,034,917 58,804,210 58,741,370 62,840 50,097,757 201 GAS TAX FUND 700,000 1,965,880 2,007,500 (41,620) 658,380 202 LIBRARY & MUSEUM FUND 7,300,000 2,850,700 4,306,510 (1,455,810) 5,844,190 203 PUBLIC SAFETY FUND 800,000 5,000 - 5,000 805,000 210 FEDERAL ASSISTANCE FUND (CDBG)- 151,000 148,350 2,650 2,650 212 SLESF (COPS)100,000 101,000 100,000 1,000 101,000 215 LIGHTING & LANDSCAPING FUND 300,000 2,274,700 2,257,400 17,300 317,300 220 QUIMBY FUND 400,000 - - - 400,000 221 AB 939 - CALRECYCLE 600,000 70,000 150,000 (80,000) 520,000 223 MEASURE A FUND 1,800,000 1,567,000 1,220,500 346,500 2,146,500 225 INFRASTRUCTURE FUND 15,000 100 - 100 15,100 226 EMERGENCY MANAGEMENT PERFORMANCE FUND - 12,000 12,000 - - 227 STATE HOMELAND SECURITY PROGRAM - 5,000 5,000 - - 230 CASp FUND, AB 1379 44,000 19,200 5,600 13,600 57,600 235 SO COAST AIR QUALITY FUND 22,000 52,800 42,500 10,300 32,300 241 HOUSING AUTHORITY FUND 11,800,000 871,400 1,542,200 (670,800) 11,129,200 243 RDA LOW-MOD HOUSING FUND 3,000,000 35,000 250,000 (215,000) 2,785,000 247 ECONOMIC DEVELOPMENT FUND 2,800,000 30,000 21,500 8,500 2,808,500 249 SA 2011 LOW/MOD BOND 11,195,000 201,000 20,000 181,000 11,376,000 250 TRANSPORTATION DIF 1,500,000 428,000 604,500 (176,500) 1,323,500 251 PARKS & RECREATION DIF - 351,000 - 351,000 351,000 252 CIVIC CENTER DIF 410,000 152,000 - 152,000 562,000 253*LIBRARY DEVELOPMENT DIF 19,000 50,000 30,000 20,000 39,000 254 COMMUNITY CENTER DIF 264,000 72,000 125,000 (53,000) 211,000 255 STREET FACILITY DIF 43,000 - - - 43,000 256 PARK FACILITY DIF 6,500 - - - 6,500 257 FIRE PROTECTION DIF 168,000 66,000 - 66,000 234,000 259 MAINTENANCE FACILITIES DIF FUND 26,000 26,000 - 26,000 52,000 270 ART IN PUBLIC PLACES FUND 650,000 130,000 127,000 3,000 653,000 275 LQ PUBLIC SAFETY OFFICER FUND 49,000 2,600 - 2,600 51,600 310 LQ FINANCE AUTHORITY FUND - 1,100 1,100 - - 401 CAPITAL IMPROVEMENT PROGRAMS - 9,894,806 9,894,806 - - 405 SA PA1 CAPITAL IMPROVEMENT BOND 500,000 - - - 500,000 417 SA PA2 CAPITAL IMPROVEMENT BOND 2,527,000 - - - 2,527,000 501 FACILITY & FLEET REPLACEMENT FUND 3,400,000 1,222,750 1,222,750 - 3,400,000 502 INFORMATION TECHNOLOGY FUND 1,600,000 1,786,700 1,786,700 - 1,600,000 503 PARK EQUIP & FACILITY FUND 3,580,000 400,000 255,000 145,000 3,725,000 504 INSURANCE FUND 100,000 1,010,800 936,800 74,000 174,000 601 SILVERROCK RESORT FUND 50,000 4,157,693 4,161,262 (3,569) 46,431 602 SILVERROCK GOLF RESERVE FUND 514,000 67,000 - 67,000 581,000 760 SUPPLEMENTAL PENSION PLAN 100,000 6,000 12,850 (6,850) 93,150 761 CERBT OPEB TRUST (HEALTH BENEFITS)1,935,000 80,000 1,500 78,500 2,013,500 762 PARS PENSION TRUST 10,998,000 700,000 52,000 648,000 11,646,000 119,350,417 89,620,439 90,041,698 (421,259) 118,929,158 SUMMARY OF REVENUES AND EXPENDITURES BY FUND FOR FY 2021/22 GRAND TOTAL * This fund has an outstanding inter-agency loan due to the Successor Agency. CITY OF LA QUINTA EXHIBIT C FY 2021/22 ADOPTED BUDGET 275 Project No. Project Total Funding 2122ADA ADA Accessible Ramps - Various Locations 20,000$ 2122CPM Citywide Preventative Maintenance Plan Improvements 50,000$ 2122PMP Pavement Management Plan Street Improvements 1,500,000$ 2122STI Sidewalks - Various Locations 55,000$ 2122TMI Citywide Traffic Signal Maintenance Improvements 235,000$ 2122DRA Citywide Drainage Improvements 477,000$ 201512 La Quinta Landscape Renovation Improvements 1,408,356$ 201609 Jefferson Avenue 53 Roundabout 550,000$ 201702 Developer Reimbursement for DIF Eligible Improvements 400,000$ 201804 Landscape and Lighting Median Island Improvements 500,000$ 201901 Village Art Plaza, Promenade and Cultural Center 2,700,000$ 201905 Highway 111 Corridor Area Plan Implementation 1,000,000$ 202101 Dune Palms Road Pavement Rehabilitation 1,021,100$ 202102 Fritz Burns Park Improvements 350,000$ 202103 Citywide Miscellaneous ADA Improvements 128,350$ 202104 Citywide Striping Refresh 400,000$ TOTAL: $10,794,806 TEAL: Measure G Funds $2,758,356 (25%) ORANGE: General Funds $2,552,000 (24%) YELLOW: Special Revenue Funds $2,700,000 (25%) Color Key WHITE: Transportation DIF, Grants, Measure A, SB1 $2,784,450 (26%) 2021/22 CAPITAL IMPROVEMENT PROGRAM SUMMARY CITY OF LA QUINTA EXHIBIT D FY 2021/22 ADOPTED BUDGET 276 City of La Quinta Exhibit E Gann Limit Appropriation Calculation (Page 1 of 2) FY 2021/22 (1)(2)(3)(4)(5)(6)(7)(8)(9) ($)City's City's U.S. CPI % Change in Local % Change ($)($) Prior Year Previous Year's Current Year's Population Annual Non-Residential In Per Current Year Compliance Year Gann Limit Population Population % Change % Change Construction Capita Income Gann Limit Amounts 92-93 14,240,507 12,932 14,840 14.80%N/A 0.68%-0.64%16,452,801 4,452,292 93-94 16,452,801 14,840 15,693 5.75%N/A 0.16%2.72%17,871,744 5,301,754 94-95 16,452,801 15,693 16,634 6.00%N/A 0.14%0.71%19,077,886 6,561,880 95-96 19,077,886 16,634 17,101 2.81%N/A N/A 4.72%20,539,255 7,762,496 96-97 20,539,255 17,101 18,045 5.52%N/A N/A 4.67%22,685,183 8,257,148 97-98 22,685,183 18,045 19,217 6.49%N/A N/A 4.67%25,286,762 9,667,831 98-99 25,286,762 19,217 20,444 6.38%N/A N/A 4.15%28,017,719 12,222,332 99-00 28,017,719 20,444 21,763 6.45%N/A N/A 4.53%31,176,447 9,801,749 00-01 31,176,447 21,763 24,240 10.77%N/A N/A 4.91%36,229,777 10,785,551 01-02 36,229,777 24,240 26,321 12.66%N/A N/A 7.82%44,008,314 12,181,391 02-03 44,008,314 26,321 28,715 10.52%N/A N/A -1.27%48,020,286 14,233,708 03-04 48,020,286 28,715 30,452 5.99%N/A N/A 2.31%52,072,415 14,547,338 04-05 52,072,415 30,452 32,522 5.90%N/A N/A 3.28%56,953,433 16,507,192 05-06 56,953,433 32,522 36,145 9.19%N/A N/A 5.26%65,458,514 22,777,443 06-07 65,458,514 36,145 38,340 5.40%N/A N/A 3.96%71,725,407 27,384,580 07-08 71,725,407 38,340 41,092 6.44%N/A N/A 4.42%79,718,951 32,163,100 08-09 79,718,951 41,092 42,743 4.46%N/A N/A 4.29%86,846,889 33,562,980 09-10 86,846,889 42,743 43,778 2.42%N/A N/A 0.62%89,500,065 33,519,652 10-11 89,500,065 43,778 37,307 (1)1.35%N/A N/A -2.54%88,404,325 30,055,388 11-12 88,404,325 37,307 37,836 (1)1.42%N/A N/A 2.51%91,910,124 29,884,568 12-13 91,910,124 37,688 38,075 (2)1.03%N/A N/A 3.77%96,357,500 31,954,838 13-14 96,357,500 38,190 38,412 0.55%N/A N/A 5.12%101,848,105 33,412,900 14-15 101,848,105 38,412 39,032 1.61%N/A N/A -0.23%103,249,837 35,982,642 15-16 103,249,837 39,032 39,694 1.72%N/A N/A 3.82%109,037,717 37,391,100 16-17 109,037,717 39,694 39,977 1.69%N/A N/A 5.37%116,834,735 39,339,800 17-18 116,834,735 39,977 40,677 (2) 1.25%N/A N/A 3.69%122,660,261 48,021,600 18-19 122,660,261 40,605 41,753 1.48%N/A N/A 3.67%129,043,889 51,452,200 19-20 129,043,889 41,753 42,098 (2)0.83%N/A N/A 3.85%135,124,379 56,851,900 20-21 135,124,379 40,389 40,660 0.67% N/A N/A 3.73% 141,103,621 49,433,000 21-22 141,103,621 40,906 41,247 0.83%N/A N/A 5.73%150,427,126 57,775,110 (1)The population for FY 2010/2011 and FY 2011/2012 are adjusted to the Federal 2010 Census counts. (2)The previous population is furnished by the Department of Finance. The Shaded boxes indicate the calculation factor that was used to calculate that year's Gann Limit. The Gann Limit is adjusted annually by multiplying the "Prior Year Gann Limit" (column 1) by the "% Change in Population" (column 4) and then by the greater of the "% Change in New Local Non-residential Construction or % Change in California Per Capita Income" (column 6 or 7). This Gann adjustment figure is then added to the prior year's limit amount to obtain the current year Gann limit amount in column 8. The U.S. CPI factor (column 5) was used in place of the non-residential construction (column 6) amount and the lower of the two factors, the U.S. CPI or Per Capita Income, for the calculation prior 'to FY 1990-91. The City has elected in column (2) and (3) to use the City population method versus the change in County population. 277 Exhibit E (Page 2 of 2) In 1979, Proposition 4, the "Gann" initiative, was passed. The Proposition created Article XIIIB of the State Constitution placing limits on the amount of revenue which can be spent by all entities of Government. The Gann limit is adjusted annually by the following two factors: Annual population change and the greater of the change in: 1) State Per Capita Income, or 2) The Local Assessment roll for local non-residential construction. When a City reaches this limit, excess tax revenue must be returned to the State or Citizens through a process of refunds, rebates, or other means that may be defined at that time. The Gann limit for the City of La Quinta has increased steadily since 1984 and still provides the City with a comfortable operating margin. The revenue collection and spending limit for the City of La Quinta FY 2021/22 is $150.4 million. "Proceeds of taxes" are projected to be $57.8 million in FY 2021/22 allowing the City a margin of $92.6 million. On the graph on the following page, the highest bars represent the spending limit and the lower bars represent the appropriation of taxes for the last fifteen years. 42098 0 18-19 0 40605 41204 1.48% N/A N/A 3.67% GANN APPROPRIATION LIMIT ANALYSIS 0 20,000,000 40,000,000 60,000,000 80,000,000 100,000,000 120,000,000 140,000,000 160,000,000 06-07 07-08 08-09 09-10 10-11 11-12 12-13 13-14 14-15 15-16 16-17 17-18 18-19 19-20 20-21 21-22 CITY OF LA QUINTA SPENDING LIMIT VERSUS APPROPRIATION OF PROCEEDS OF TAXES Spending Limit Appropriation of Proceeds of Taxes 278 Actual Adopted Adopted Funding Source Personnel Schedule 2019/20 2020/21 2021/22 General Fund Mayor & City Council 5 5 5 TOTAL 5 5 5 Actual Adopted Adopted Funding Source Personnel Schedule 2019/20 2020/21 2021/22 General Fund Administrative Assistant 1 1 1 General Fund City Clerk 0.9 0.9 0.9 Housing Authority City Clerk 0.1 0.1 0.1 General Fund Deputy City Clerk 1 1 1 General Fund Management Assistant 1 1 1 General Fund Part-Time Administrative Technician 1 0 0 TOTAL 5 4 4 Actual Adopted Adopted Funding Source Personnel Schedule 2019/20 2020/21 2021/22 General Fund Assistant to the City Manager 0.75 0.6 0.6 Housing Authority Assistant to the City Manager 0.25 0.4 0.4 General Fund City Manager 0.9 0.8 0.8 Housing Authority City Manager 0.1 0.2 0.2 General Fund Management Analyst 0.5 0 0 Housing Authority Management Analyst 0.25 0.6 0.6 Information Technology Management Analyst 0.25 0.4 0.4 General Fund Management Assistant 0.5 0.2 0.2 Housing Authority Management Assistant 0.5 0.8 0.8 General Fund Management Specialist 1.5 1.4 1.4 Housing Authority Management Specialist 0.25 0.6 0.6 Information Technology Management Specialist 0.25 0 0 General Fund Management Specialist 1 1 1 General Fund Marketing & Events Coordinator 0.5 0 0 General Fund Marketing Manager 0.5 1 1 TOTAL 8 8 8 Actual Adopted Adopted Funding Source Personnel Schedule 2019/20 2020/21 2021/22 General Fund Administrative Assistant 2 2 2 General Fund Administrative Technician 2 1.6 1.6 General Fund Administrative Technician 0 0.4 0.4 General Fund Animal Control/Code Compliance Supervisor 1 1 1 General Fund Code Compliance Officer I 1 1 2 General Fund Code Compliance Officer II 4 4 4 General Fund Community Resources Coordinator 1 1 1 General Fund Community Resources Director 1 0.7 0.7 General Fund Community Resources Director 0 0.15 0.15 Library & Museum Community Resources Director 0 0.15 0.15 General Fund Community Resources Manager 0.5 0.4 0.4 General Fund Community Resources Manager 0.5 0.4 0.4 Library & Museum Community Resources Manager 0 0.2 0.2 General Fund Community Resources Specialist 1 1 1 CITY COUNCIL CITY CLERK CITY MANAGER COMMUNITY RESOURCES CITY OF LA QUINTA PERSONNEL SUMMARY BY DIVISION EXHIBIT F FY 2021/22 ADOPTED BUDGET CITY COUNCIL MEETING - JUNE 15, 2021 - BUSINESS SESSION ITEM NO. 3 - FY 2021/22 CITY BUDGET HAND-OUT BY STAFF - "EXHIBIT F" WILL BE ADDED TO THE BUDGET ATTACHMENT TO THE STAFF REPORT Actual Adopted Adopted Funding Source Personnel Schedule 2019/20 2020/21 2021/22 General Fund Human Resources Analyst 1 1 1 General Fund Human Resources Manager 1 0 0 General Fund Maintenance & Operations Superintendent 1 0 0 General Fund Management Analyst 0.5 0 0 General Fund Community Resources Analyst 0.5 0.8 0.8 Library & Museum Community Resources Analyst 0 0.2 0.2 General Fund Management Assistant 1 1 1 General Fund Management Specialist 0.5 0 0 Insurance Fund Management Specialist 0.5 0 0 General Fund Public Safety Analyst 0 0 0 General Fund Public Safety Manager 1 0.8 0.8 General Fund Public Safety Manager 0 0.2 0.2 General Fund Part-Time Administrative Technician 1 1 0.97 General Fund Part-Time Recreation Leader 8 8 5.96 General Fund Part-Time Senior Recreation Leader 2 2 1.94 General Fund Senior Emergency Management Coordinator 1 1 1 TOTAL 33 30 28.87 Actual Adopted Adopted Funding Source Personnel Schedule 2019/20 2020/21 2021/22 General Fund Administrative Technician 0 0 0 General Fund Administrative Technician 0 0 0 General Fund Administrative Assistant 1 1 1 General Fund Assistant Construction Manager 0.5 1 1 General Fund Associate Engineer 1 1 1 General Fund Building Superintendent 0 0 0 General Fund City Engineer 0.5 0 0 General Fund Public Works Director/City Engineer 0.5 1 1 General Fund Construction Inspector 2 2 2 General Fund Construction Manager/Inspection Supervisor 1 0 0 General Fund Facilities Director 0.5 0.5 0.5 General Fund Facilities Director 0.5 0.5 0.5 SilverRock Resort Fund Facilities Director 0 0 0 Gas Tax Fund Maintenance & Operations Technician 1 0 0 Gas Tax Fund Maintenance Foreman 0.5 1 1 General Fund Maintenance & Operations Coordinator 1 1 1 Lighting & Landscape Maintenance Foreman 0.5 0 0 Gas Tax Fund Maintenance Manager 0.75 0 0 Lighting & Landscape Maintenance Manager 0.25 0 0 Gas Tax Fund Maintenance Worker I 3 2 2 General Fund Maintenance Worker I 1 1 1 Lighting & Landscape Maintenance Worker I 1 1.5 1.5 General Fund Maintenance Worker I 1 1.5 1.5 Gas Tax Fund Maintenance Worker II 2 2 2 General Fund Maintenance Worker II 0.5 0.5 0.5 Lighting & Landscape Maintenance Worker II 0.5 0.5 0.5 General Fund Maintenance & Operations Technician 1 1 1 General Fund Management Analyst 0 1 1 General Fund Management Analyst 0.5 0.5 0.5 Lighting & Landscape Management Analyst 0.5 0.5 0.5 General Fund Management Analyst 1 1 1 Gas Tax Fund Management Analyst 0 0 0 General Fund Management Assistant 0 1 1 PUBLIC WORKS COMMUNITY RESOURCES continued… CITY OF LA QUINTA PERSONNEL SUMMARY BY DIVISION EXHIBIT F FY 2021/22 ADOPTED BUDGET CITY COUNCIL MEETING - JUNE 15, 2021 - BUSINESS SESSION ITEM NO. 3 - FY 2021/22 CITY BUDGET HAND-OUT BY STAFF - "EXHIBIT F" WILL BE ADDED TO THE BUDGET ATTACHMENT TO THE STAFF REPORT Actual Adopted Adopted Funding Source Personnel Schedule 2019/20 2020/21 2021/22 General Fund Management Assistant 0 0 0 General Fund Management Assistant 0 0 0 General Fund Management Specialist 0.5 0 0 General Fund Parks Foreman 0 0 0 General Fund Parks/L&L Foreman 1 0.5 0.5 Lighting & Landscape Parks/L&L Foreman 0 0.5 0.5 General Fund Parks Superintendent 0 0 0 General Fund Parks Maintenance Worker 0 0 0 General Fund Traffic Operations Analyst 1 1 1 General Fund Traffic Signal Technician 2 2 2 TOTAL 28 27 27 Actual Adopted Adopted Funding Source Personnel Schedule 2019/20 2020/21 2021/22 General Fund Administrative Assistant 2 2 2 General Fund Administrative Technician 0 0 1 General Fund Associate Planner 1 1 1 General Fund Building Inspector I 1 1 1 General Fund Building Inspector II 2 2 2 General Fund Building Official 1 1 1 General Fund Design & Development Director 1 1 1 General Fund Executive Assistant 1 1 0 General Fund Hub Manager 1 1 1 General Fund Management Analyst 1 0 0 General Fund Management Assistant 1 0 0 General Fund Management Specialist 1.5 0 0 General Fund Part-Time Sequel Writer 0 0 0.97 General Fund Permit Technician 5 5 5 General Fund Planning Manager 1 1 1 General Fund Plans Examiner 1 1 1 General Fund Plans Examiner/Inspection Supervisor 0 0 0 General Fund Senior Planner 1 1 1 TOTAL 21.5 18 18.97 Actual Adopted Adopted Funding Source Personnel Schedule 2019/20 2020/21 2021/22 General Fund Account Technician 2 3 3 General Fund Accountant 1 1 1 General Fund Finance Director 0.9 0.9 0.9 Housing Authority Finance Director 0.1 0.1 0.1 General Fund Financial Services Analyst 1 1 1 General Fund Junior Accountant 1 1 1 General Fund Management Assistant 1 1 1 General Fund Accounting Manager 0.5 1 1 General Fund Senior Accountant 0.5 0 0 TOTAL 8 9 9 TOTAL NUMBER OF ELECTED OFFICIALS 555 TOTAL NUMBER OF PART-TIME EMPLOYEES 14 11 9.84 TOTAL NUMBER OF FULL-TIME EMPLOYEES 89.5 85 86 PUBLIC WORKS continued… DESIGN AND DEVELOPMENT FINANCE CITY OF LA QUINTA PERSONNEL SUMMARY BY DIVISION EXHIBIT F FY 2021/22 ADOPTED BUDGET CITY COUNCIL MEETING - JUNE 15, 2021 - BUSINESS SESSION ITEM NO. 3 - FY 2021/22 CITY BUDGET HAND-OUT BY STAFF - "EXHIBIT F" WILL BE ADDED TO THE BUDGET ATTACHMENT TO THE STAFF REPORT City of La Quinta CITY COUNCIL MEETING: June 15, 2021 STAFF REPORT AGENDA TITLE: DISCUSS HIGHWAY BRIDGE PROGRAM FUNDING CONSTRAINTS ASSOCIATED WITH THE DUNE PALMS ROAD BRIDGE PROJECT NO. 2011-05 RECOMMENDATION Discuss the Highway Bridge Program funding constraints associated with the Dune Palms Road Bridge Project No. 2011-05 and provide direction to Staff. EXECUTIVE SUMMARY •The Caltrans sponsored Highway Bridge (HBP) Funding Program is oversubscribed for Federal Fiscal Years (FFY) 2020/21 and 2021/22. New programming capacity is unavailable at this time for new projects already in construction or ready to advertise. •The construction phase of the Dune Palms Road Bridge Project (Project) will be delayed for a minimum of 2 to 5 years unless the City is willing to provide “at risk” advance funding using the Caltrans Advance Construction Procedure. •The City has invested a considerable amount of time and money obtaining environmental clearance, permits, right-of-way, and preparing construction documents getting the project shovel ready for construction. •Delaying the Project until Federal funds become available will likely result in the need to recertify and reapply for the environmental and construction permits. •Funding is available from Unassigned General Fund and/or Measure G Reserves to provide Local Advance Construction funding. FISCAL IMPACT The City would be required to contribute $14,936,122 in Local Advance Construction funding. The City could allocate the funding from Unassigned STUDY SESSION ITEM NO. 1 279 Reserves, which is projected to have a balance of $15,500,367 at the end of 2020/21, or Measure G Reserves which is projected to have a balance of $13,151,469 at the end of 2020/21. T he City could also utilize Capital Improvement Reserves, which is currently ful ly funded at the policy target of $10 million. A combination of these options could be utilized to avoid depleting any single category. BACKGROUND/ANALYSIS In November 2020, Caltrans advised that the HBP Funding Program had been oversubscribed for FFY 2020/21 and 2021/22 and there is no additional programming capacity for projects already in construction or ready to advertise. As a result, Caltrans HBP managers issued the HBP Financial Constraint Order of Priorities (Attachment 1). Caltrans receives $300 million of new programming capacity each FFY for the HBP Funding Program. The programming capacity is split $100 million for Off System Bridges and $200 million for On System Bridges. The City of La Quinta receives its HBP Funding from the On Syst em account. The HBP Financial Constraint Order of Priorities directly affects and will result in the delay of the Dune Palms Road Bridge, Project No. 2011 -05, unless the City advances the construction of this project with local funds. The Project is anticipated to be shovel (construction) ready by July 2021. The City is finalizing the right-of-way acquisition process and expect to have all remaining issues resolved by June 30, 2021. The Project schedule, enclosed for Council review as Attachment 2, currently assumes the Project will be advertised for construction in September or October 2021. As previously discussed, the HBP Funding Program does not have or expect to have new programming capacity until after FFY 2021/22. Following the September 2020 HBP Program Update, Caltrans issued the new Federal Transportation Improvement Plan (FTIP) Programming Sheet (Attachment 3) for the project. During FFY 2020/21 the Project was programmed to receive the remaining right-of-way funds that were previously delayed during FFY 19/20 and the construction phase has been programmed as “Local Advance Construction” (AC) Funds. The conversion of the Local AC Funds to Federal Funds are not programmed within the current 5-Year FTIP and are shown in the “Beyond” column. By programming Local AC Funding for the Construction Phase during FFY 2020/21, Caltrans is acknowledging the Project is “shovel ready” and has 280 provided an opportunity for the City to begin construction during the current 5- year FTIP. Currently, the estimated “overall” cost of the Project is $24,189,652. These costs are separated into the following phases: Phase Estimated Cost New Bridge Federal Funding (Caltrans-HBP) Non-Participating Plus Local Share Engineering/Design $1,750,000 $1,549,275 $200,725 Right of Way $1,570,554 $1,166,825 $403,729 Construction $16,695,276 $11,241,037 $5,454,239 Const. Engineering $2,504,292 $2,217,050 $287,242 Contingency $1,669,530 $1,478,035 $191,495 Total Costs: $24,189,652 $17,652,222 $6,537,430 These costs include both participating (eligible for reimbursement) and non- participating costs. Currently, the following cost shares are anticipated: Caltrans-HBP Funding Share: $17,652,222 City of La Quinta Funding Share: $1,084,100 CVAG Funding Share: $5,395,230 CVWD Funding Share: $58,100 Total Cost: $24,189,652 The environmental, engineering/design and right-of-way phases are complete or nearing completion and are fully funded. The construction phase which includes Construction, Engineering, and Contingency is estimated at $20,869,098. The HBP Funding will ultimately contribute 88.53% or “up t o” $14,936,122 toward eligible (Construction Phase) costs. This is the amount the City would be required to advance. The remaining costs of $5,932,976 is the responsibility (Local Share) of the City. Of this amount, CVAG is expected to contribute 100% of the cost for the CV Link Enhancements, $2,142,930, and 75% of the remaining Local Share, $2,798,959. CVWD will contribute $58,100 for the relocation of its non-participating water and sewer facilities. The City’s non-reimbursed share of the construction phase would be $932,987. The Project schedule assumes we will be advertising the Project for construction in September or October 2021. For this to happen, the City will need to agree to provide “at risk” advance funding using the Advance Construction Procedure outlined in Section 3.7 of the Caltrans Local Procedures Manual. 281 Considerations for Local Advance Construction: Caltrans has programmed only AC conversion projects during FFY 2020/21. This trend is expected to continue well into the future, leaving no programming capacity for other new projects ready to advertise. The City must Request Authorization for AC funding during FFY 2020/21 or the Project will be further delayed until the FTIP is amended to include the AC Funding authority in a subsequent Federal Fiscal Year. Caltrans has typically programmed AC conversion to Federal Funding within 2 to 5 FFY for other local agencies. HBP Programming Capacity for new projects ready to advertise will not likely be available during the remaining 5-year FTIP programming process. The City has invested a considerable amount of time and money obtaining environmental clearance, permits, right-of-way and preparing the plans and specifications getting the Project ready for construction. Delaying the Project until Federal Funds become available will likely require the City to reapply and/or renew the environmental permits required to construct the Project wh en Federal funding becomes available. Delaying the Project will impact the CV Link improvements within La Quinta. The CV Link cannot demonstrate “logical termini” or “independent utility” without the CV Link components included as part of the Dune Palms Road Bridge Improvement. Considerations against Local Advance Construction: The City must consider the risk that Federal Fu nds may never become available. Any Local Funds advanced will not be available for use on other City needs until the Federal Fund Conversion occurs. Federal Fund Conversion is not expected for 2 to 5 years. Construction is expected to be complete with in 23 months following award. The construction phase is estimated to cost nearly $21 million. The City will be committed to monthly cash flow needs of approximately $900,000 per month for 23 months. 282 The Financial Advisory Committee (FAC) discussed this matter during its regular meeting on May 12, 2021. The FAC ’s questions and staff responses are provided for the Council’s review in Attachment 4. ALTERNATIVES •Council may choose to delay the Construction Phase of the Dune Palms Road Bridge until Federal Funds become available; or •Council may choose to advance local funds from a combination of Unassigned General Funds, Unassigned Measure G Funds, or Capital Replacement Reserve Funds; or •Council may choose to consider obtaining a “Loan” or “Advance Funding” from an outside/internal source. Prepared by: Bryan McKinney, Public Works Director/City Engineer Approved by: Jon McMillen, City Manager Attachments: 1.HBP Financial Constraints Order of Priorities 2.Project Schedule 3. Dune Palms Road Bridge FTIP Listing 4. FAC Questions/Staff Responses 283 284 Division of Local Assistance Page 1 of 2 10/29/2020 HBP Financial Constraint Order of Priorities In order to achieve a constrained program for Federal Fiscal Years (FFY) 20/21 and 21/22, the HBP managers have made the following priorities. The demand for funding in the current fiscal year has resulted in inadequate programming capacity. Off System demand is slightly less than On System. The normal review of projects for NEPA clearance, approved PE time extensions, RW certification, and 100% PS&E was performed. HBP managers requested additional information on some projects and the answers have been taken into consideration for the funding on projects. The situation before constraining FFY 20/21 is shown below and the reason for this order of priorities. Off System - $74,910,000 programming capacity 20/21 PE & RW - $16,655,564 20/21 AC conversion for CON - $43,069,272 20/21 CON increases - $6,081,888 Leaving $9,103,277 for projects ready to advertise. On System - $197,337,000 programming capacity 20/21 PE & RW - $71,712,190 20/21 AC conversion for CON - $189,028,506 20/21 CON increases - $31,305,403 Leaving no programming capacity for projects already in construction or ready to advertise. The above analysis shows that additional steps are required to best meet current policy of a financially constrained program. The below are HBP managers’ order of priorities for the October 2020 financial constraint process. This order of priorities is applicable to the current financial constraint process only. HBP manager’s goal is to not have these additional priorities. Until programming capacity is not an issue, future years’ order of priorities is subject to change. 1. All projects without an initial PE authorization have been moved to FFY 23/24. If a local agency wants to begin one of these projects, they may utilize AC. The conversion will be programmed in FFY 23/24. The AC conversion advancement into an earlier year may occur, based upon future programming capacity. There is no guarantee on conversions prior to 23/24. 2. Bridge Inspections 3. High cost bridge projects with signed agreements will continue to have the conversion programmed in FFY 20/21 and 21/22. This is due to having signed agreements and the need to get them converted and closed. This accounts for $98,222,890 of the 20/21 On System AC conversion value above. 4. Prop 1B seismic projects are the top priority for projects with construction cost increases. 5. Prop 1B seismic projects that are ready to advertise for construction and have a signed Project Delivery Agreement. 6. Cost increases for projects in construction based upon Rank order. 7. HBP will not add AC to projects for construction in FFY 20/21, with a conversion in 21/22. ATTACHMENT 1 285 Division of Local Assistance Page 2 of 2 10/29/2020 8. HBP will not enter into new high cost agreements with local agencies with construction funding in FFY 20/21 or 21/22 for on system projects. HBP will consider entering into new high cost agreements for off system projects with funding in 21/22. 286 ID Task NameDuration StartFinish229Update Plans w/ Additional CV Link Elements & IID Updates48 daysWed 9/9/20Fri 11/13/20230City Review Process20 daysMon 11/16/20Fri 12/11/20231 Update Contract Documents10 daysMon 5/17/21Fri 5/28/21232 Prepare Residential Engineer Pending File192 daysThu 4/30/20Wed 6/30/21233 CVWD Encroachment Permit30 daysTue 2/11/20Mon 3/23/20234 Phase 2B - Right of Way Acquisition902 daysMon 2/26/18Tue 8/10/21235 Environmental Permitting237 daysMon 2/26/18Tue 1/22/19239 Legal & Exhibits75 daysTue 6/12/18Mon 9/24/18240Acquisition Process624 daysTue 9/4/18Fri 1/22/21270 R/W Certification30 daysWed 6/30/21Tue 8/10/21271Asbestos Evaluation Report10 daysTue 12/17/19Mon 12/30/19272Utility Relocation Coordination842 daysFri 3/9/18Mon 5/31/21294PE Phase Expiration (Federal $) (Extension)0 daysFri 12/31/21Fri 12/31/21295 RFA Utilities (E-76)29 daysWed 7/28/21Mon 9/6/21296RFA Construction (AC) Funding Approval30 daysWed 7/28/21Tue 9/7/21297 Phase 3 - Construction 543 daysTue 9/7/21Thu 10/5/23298Caltrans AC Fund Authorization0 daysTue 9/7/21Tue 9/7/21299Bridge Construction543 daysTue 9/7/21Thu 10/5/23300Council Approval of Bid Package0 daysTue 9/7/21Tue 9/7/21301 Contract Bidding and Award49 daysThu 9/9/21Tue 11/16/21302Mobilization & Construction 23 monsFri 12/31/21Thu 10/5/23 Update Contract DocumentsPrepare Residential Engineer Pending File99% Phase 2B - Right of Way Acquisition100%Acquisition Process R/W Certification99%Utility Relocation Coordination12/31 RFA Utilities (E-76)RFA Construction (AC) Funding Approval Phase 3 - Construction 9/7Bridge Construction9/7 Contract Bidding and AwardMobilization & Construction JanFebMarAprMayJunJulAugSepOctNovDecJanFebMarApr20212022Dune Palms Bridge ProjectFederal Proj. No. BLRKS-5433(014)City Proj. No. 2011-05Print Date: Mon 5/3/21 Page 2ATTACHMENT 2ATTACHMENT 2 287 288 2018/19-2023/24 Highway Bridge Program District:County: Responsible Agency 08 Riverside Total See the appropriate FTIP/FSTIP for current funding commitments. This listing includes projects that should be individually listed in the FTIP/FSTIP. (Line item projects only) Prior 18/19 19/20 20/21 21/22 22/23 23/24 Beyond La Quinta BRIDGE NO. 00L0070, Dune Palms Road OVER the Coachella Valley Stormwater Channel (Whitewater River). Replace 3-Lane Low-Water Crossing with 4-Lane Bridge. (This project must appear in the RTP.) Fund Source Summary: PE R/W Total 1,750,000 CON Total 17,966,000 17,966,000 1,750,000 545,000 773,000 1,318,000 545,000 18,739,000 21,034,000 1,750,000 Phase Summary: Fed $ Local AC Local Match Total 200,725 1,750,000 LSSRP Bond Total 482,489 684,337 18,621,400 62,512 2,149,363 2,412,600 15,905,300 545,000 18,739,000 21,034,000 1,549,275 15,905,300 -15,905,300 BRLKS-5433(014)Fed Proj: Prior 18/19 19/20 20/21 21/22 22/23 23/24 Beyond Prior 18/19 19/20 20/21 21/22 22/23 23/24 Beyond PE Summary: Proj id Funds Src TotalPhase Phase Funding Details: Fed $ Local AC Local Match Total 200,725 1,750,000 LSSRP Bond Total 1,549,275 200,725 1,750,000 1,549,275 Prior 18/19 19/20 20/21 21/22 22/23 23/24 Beyond Prior 18/19 19/20 20/21 21/22 22/23 23/24 Beyond 4024 HBP 1,549,275PE1,549,275 Local Match 200,725200,725 Total:1,750,000Fed. Reimb. Rate:88.53%10/9/2012 Linda Newton: New eligible project. Caltrans, Division of Local Assistance Page 1211/6/2020, 7:48 AM Det2 FL4 SmlTxt ATTACHMENT 3 ATTACHMENT 3289 2018/19-2023/24 Highway Bridge Program District:County: Responsible Agency 08 Riverside Total See the appropriate FTIP/FSTIP for current funding commitments. This listing includes projects that should be individually listed in the FTIP/FSTIP. (Line item projects only) Prior 18/19 19/20 20/21 21/22 22/23 23/24 Beyond R/W Summary: Proj id Funds Src TotalPhase Phase Funding Details: Fed $ Local AC Local Match Total LSSRP Bond Total 482,489 684,337 1,166,825 62,512 88,663 151,175 545,000 773,000 1,318,000 Prior 18/19 19/20 20/21 21/22 22/23 23/24 Beyond Prior 18/19 19/20 20/21 21/22 22/23 23/24 Beyond 4024 HBP -684,337 684,337R/W Local Match -88,663 88,663 Total:Fed. Reimb. Rate:88.53% New! 8/24/2020 Bobby Zezoff: LAPG 6-D approved and funds moved to 20/21 due to out of funds at approval date. 4024 HBP 684,337 684,337R/W Local Match 88,663 88,663 Total:773,000Fed. Reimb. Rate:88.53%10/9/2019 Eduardo Moreno-Castaneda: Not ready to ad within 6 months. Additional R/W funding in FFY 19/20 as submitted in September 2019 HBP Survey. 4024 HBP 482,489R/W -482,489 Local Match 62,512-62,512 Total:Fed. Reimb. Rate:88.53%10/10/2018 Eileen Crawford: Not ready to ad within 6 months. RW funds moved from FFY 17/18 to 18/19. Funds not obligated, moved to next fiscal year. 4024 HBP -482,489R/W 482,489 Local Match -62,51262,512 Total:Fed. Reimb. Rate:88.53%12/5/2019 Linda Newton: Fund line has not failed to deliver. 10/19/2018 DLA-Admin: Fund line failed to deliver. 9/15/2017 Vu Ngo: Not ready to ad within 6 months. RW funds moved from FFY 19/20 to 17/18. As requested in September 2017 Survey. 4024 HBP 482,489R/W -482,489 Local Match 62,512-62,512 Total:Fed. Reimb. Rate:88.53%10/9/2016 DLA-Admin: Not ready to ad within 6 months. RW funds moved from FFY 17/18 to 19/20. NEPA not yet clear. 4024 HBP R/W Local Match Total:Fed. Reimb. Rate:88.53%10/21/2015 DLA-Admin: Not ready to ad within 6 months. RW funds moved from FFY 16/17 to 17/18. NEPA not yet clear. 8/25/2019 DLA-Admin: Fundline zeroed out due to FTIP cycle migration: 2016/17-21/22 to 2018/19-23/24. This does not impact funds in the current FTIP cycle. Caltrans, Division of Local Assistance Page 1311/6/2020, 7:48 AM Det2 FL4 SmlTxt 290 2018/19-2023/24 Highway Bridge Program District:County: Responsible Agency 08 Riverside Total See the appropriate FTIP/FSTIP for current funding commitments. This listing includes projects that should be individually listed in the FTIP/FSTIP. (Line item projects only) Prior 18/19 19/20 20/21 21/22 22/23 23/24 Beyond 4024 HBP R/W Local Match Total:Fed. Reimb. Rate:88.53%10/1/2015 Albert Vergel de Dios: Not ready to ad within 6 months. RW funds moved from FFY 17/18 to 16/17. As requested in September 2015 Survey. 8/25/2019 DLA-Admin: Fundline zeroed out due to FTIP cycle migration: 2016/17-21/22 to 2018/19-23/24. This does not impact funds in the current FTIP cycle. 4024 HBP R/W Local Match Total:Fed. Reimb. Rate:88.53%3/18/2015 DLA-Admin: Not ready to ad within 6 months. RW funds moved from FFY 15/16 to 17/18. NEPA not yet clear. 8/25/2019 DLA-Admin: Fundline zeroed out due to FTIP cycle migration: 2016/17-21/22 to 2018/19-23/24. This does not impact funds in the current FTIP cycle. 4024 HBP 482,489R/W 482,489 Local Match 62,51262,512 Total:545,000Fed. Reimb. Rate:88.53%10/9/2012 Linda Newton: New eligible project. CON Summary: Proj id Funds Src TotalPhase Phase Funding Details: Fed $ Local AC Local Match Total LSSRP Bond Total 15,905,300 2,060,700 2,060,700 15,905,300 17,966,000 17,966,000 15,905,300 -15,905,300 Prior 18/19 19/20 20/21 21/22 22/23 23/24 Beyond Prior 18/19 19/20 20/21 21/22 22/23 23/24 Beyond 4024 Local AC (HBP)15,905,300CON -15,905,300 Local Match 2,060,700 -2,060,700 Total:Fed. Reimb. Rate:88.53% New! 9/23/2020 Eduardo Moreno-Castaneda: Moved AC CON funds from FFY 21/22 to 20/21 as requested in 2020 September Survey. 4024 HBP 2,435,460CON Local Match 315,540 Total:2,751,000Fed. Reimb. Rate:88.53%10/9/2019 Linda Newton: Add CON cost increase as submitted in September 2019 HBP Survey. 2,435,460 315,540 4024 Local AC (HBP)CON 15,905,300 Local Match 2,060,700 Total:Fed. Reimb. Rate:88.53%10/9/2019 Linda Newton: Add AC to CON in FFY 21/22. -15,905,300 -2,060,700 4024 HBP CON -13,469,840 Local Match -1,745,161 Total:Fed. Reimb. Rate:88.53%10/25/2018 DLA-Admin: Not ready to ad within 6 months. CON funds moved from FFY 21/22 to Beyond. Action taken to financially constrain the FTIP (PUSH). Attempt will be made to program this project in year shown. 13,469,840 1,745,161 Caltrans, Division of Local Assistance Page 1411/6/2020, 7:48 AM Det2 FL4 SmlTxt 291 2018/19-2023/24 Highway Bridge Program District:County: Responsible Agency 08 Riverside Total See the appropriate FTIP/FSTIP for current funding commitments. This listing includes projects that should be individually listed in the FTIP/FSTIP. (Line item projects only) Prior 18/19 19/20 20/21 21/22 22/23 23/24 Beyond 4024 HBP -13,469,840CON 13,469,840 Local Match -1,745,161 1,745,161 Total:Fed. Reimb. Rate:88.53%10/25/2018 DLA-Admin: Not ready to ad within 6 months. CON funds moved from FFY 20/21 to 21/22. Action taken to financially constrain the FTIP (PUSH). Attempt will be made to program this project in year shown. 4024 HBP -13,469,840 13,469,840CON Local Match -1,745,161 1,745,161 Total:Fed. Reimb. Rate:88.53%10/25/2018 DLA-Admin: Not ready to ad within 6 months. CON funds moved from FFY 19/20 to 20/21. Action taken to financially constrain the FTIP (PUSH). Attempt will be made to program this project in year shown. 4024 HBP 13,469,840CON Local Match 1,745,161 Total:Fed. Reimb. Rate:88.53%9/25/2018 Matt Sapp: Not ready to ad within 6 months. CON funds moved from FFY Beyond to 19/20. As requested in September 2018 Survey. -13,469,840 -1,745,161 4024 HBP CON -13,469,840 Local Match -1,745,161 Total:Fed. Reimb. Rate:88.53%10/25/2017 DLA-Admin: Not ready to ad within 6 months. CON funds moved from FFY 21/22 to Beyond. Action taken to financially constrain the FTIP (PUSH). Attempt will be made to program this project in year shown. 13,469,840 1,745,161 4024 HBP -13,469,840CON 13,469,840 Local Match -1,745,161 1,745,161 Total:Fed. Reimb. Rate:88.53%10/25/2017 DLA-Admin: Not ready to ad within 6 months. CON funds moved from FFY 20/21 to 21/22. Action taken to financially constrain the FTIP (PUSH). Attempt will be made to program this project in year shown. 4024 HBP -13,469,840 13,469,840CON Local Match -1,745,161 1,745,161 Total:Fed. Reimb. Rate:88.53%10/25/2017 DLA-Admin: Not ready to ad within 6 months. CON funds moved from FFY 19/20 to 20/21. Action taken to financially constrain the FTIP (PUSH). Attempt will be made to program this project in year shown. 4024 HBP 13,469,840CON Local Match 1,745,161 Total:Fed. Reimb. Rate:88.53%9/15/2017 Vu Ngo: Not ready to ad within 6 months. CON funds moved from FFY Beyond to 19/20. As requested in September 2017 Survey. -13,469,840 -1,745,161 4024 HBP -13,469,840CON Local Match -1,745,161 Total:Fed. Reimb. Rate:88.53%10/25/2016 DLA-Admin: Not ready to ad within 6 months. CON funds moved from FFY 19/20 to Beyond. Action taken to financially constrain the FTIP (PUSH). Attempt will be made to program this project in year shown. 13,469,840 1,745,161 4024 HBP 13,469,840CON Local Match 1,745,161 Total:Fed. Reimb. Rate:88.53%9/20/2016 Albert Vergel de Dios: Not ready to ad within 6 months. CON funds moved from FFY Beyond to 19/20. As requested in September 2016 Survey. -13,469,840 -1,745,161 Caltrans, Division of Local Assistance Page 1511/6/2020, 7:48 AM Det2 FL4 SmlTxt 292 2018/19-2023/24 Highway Bridge Program District:County: Responsible Agency 08 Riverside Total See the appropriate FTIP/FSTIP for current funding commitments. This listing includes projects that should be individually listed in the FTIP/FSTIP. (Line item projects only) Prior 18/19 19/20 20/21 21/22 22/23 23/24 Beyond 4024 HBP -13,469,840CON Local Match -1,745,161 Total:Fed. Reimb. Rate:88.53%10/29/2015 DLA-Admin: Not ready to ad within 6 months. CON funds moved from FFY 19/20 to Beyond. Action taken to financially constrain the FTIP (PUSH). Attempt will be made to program this project in year shown. 13,469,840 1,745,161 4024 HBP -13,469,840 13,469,840CON Local Match -1,745,161 1,745,161 Total:Fed. Reimb. Rate:88.53%10/29/2015 DLA-Admin: Not ready to ad within 6 months. CON funds moved from FFY 18/19 to 19/20. Action taken to financially constrain the FTIP (PUSH). Attempt will be made to program this project in year shown. 4024 HBP 13,469,840CON-13,469,840 Local Match 1,745,161-1,745,161 Total:Fed. Reimb. Rate:88.53%10/29/2015 DLA-Admin: Not ready to ad within 6 months. CON funds moved from FFY 17/18 to 18/19. Action taken to financially constrain the FTIP (PUSH). Attempt will be made to program this project in year shown. 4024 HBP CON 13,469,840 Local Match 1,745,161 Total:Fed. Reimb. Rate:88.53%10/1/2015 Albert Vergel de Dios: Not ready to ad within 6 months. CON funds moved from FFY Beyond to 17/18. As requested in September 2015 Survey. -13,469,840 -1,745,161 4024 HBP CON -13,469,840 Local Match -1,745,161 Total:Fed. Reimb. Rate:88.53%10/28/2014 DLA-Admin: Not ready to ad within 6 months. CON funds moved from FFY 17/18 to Beyond. Action taken to financially constrain the FTIP (PUSH). Attempt will be made to program this project in year shown. 13,469,840 1,745,161 4024 HBP CON 13,469,840 Local Match 1,745,161 Total:Fed. Reimb. Rate:88.53%9/3/2014 Albert Vergel de Dios: Not ready to ad within 6 months. CON funds moved from FFY Beyond to 17/18 per September Survey. -13,469,840 -1,745,161 4024 HBP 13,469,840CON Local Match 1,745,161 Total:15,215,000Fed. Reimb. Rate:88.53%10/9/2012 Linda Newton: New eligible project. 13,469,840 1,745,161 Caltrans, Division of Local Assistance Page 1611/6/2020, 7:48 AM Det2 FL4 SmlTxt 293 294 FINANCIAL ADVISORY COMMISSION DUNE PALMS ROAD BRIDGE PROJECT QUESTIONS AND STAFF RESPONSES 1. This project is supposed to be “shovel ready” in July, so why are we first talking about this major issue in May? RESPONSE: Executive Staff have actively addressed this matter since November 2020. The project experienced several delays associated with the acquisition of right of way, and utility clearance that affected construction readiness. These delays are now clearing up and Staff believe the project can now meet the Advance Construction Deadlines during FFY 20/21 if the City decides to move forward at this time. 2. DPB looks to be a $24 mm project, which is huge for our City. Have the full benefits of this project been outlined somewhere, and are they still relevant today (from having started this effort back in 2013)? Where can one find a list of these major benefits? RESPONSE: The City Council adopted the following Purpose and Need Statements for the project. Project Purpose The purpose of the project is to replace the existing Low-water Crossing spanning the Coachella Valley Storm Water Channel (CVSWC) at Dune Palms Road with an All-Weather Access. The proposed improvements will accomplish the following: • Provide reliable route for emergency vehicles, motorists, pedestrians, and bicyclists traveling the corridor • Provide safe access across CVSWC (Whitewater River) and along the corridor during all-weather events • Improve traffic circulation • Provide a north-south corridor for bicycles and golf carts Project Need Dune Palms Road serves as a vital north/south link for emergency service, as well as a main corridor to access the La Quinta High, John Glen Middle and Emilia ATTACHMENT 4 295 Earhart Elementary Schools. It also provides connectivity between the city residential developments north of the channel with the Highway 111 commercial corridor located south of CVSWC. (See Location Map) The CVSWC conveys storm water runoff from the surrounding mountains as well as developed areas within the Coachella Valley. The elevation of the existing Dune Palms Road low-water crossing causes it to flood during any minor rain events (2- year frequency) and results in full street closure and detour of both vehicle and pedestrian traffic. In the interest of public health and safety, and in response to community concerns regarding frequent closures of the low-water crossing, the City of La Quinta has determined that replacement of the low-water crossing with a new bridge is needed to ensure all weather access is maintained. 3. Given the recent status of CalTrans funding of HBP programs, what is the current risk that the City will NOT get reimbursed for this $21mm “advance” now being requested of it? What is our true financial exposure here? IF we do get reimbursed by CalTrans and CVAG, it looks like our exposure could net out at about $1mm, but if we do not, then the exposure appears great, and in any event, we are still out all this front-end money either way. RESPONSE: The City’s HBP funding exposure is currently estimated at $14,936,122. This amount represents 88.53% of the “Participating” or Eligible Costs associated with the construction phase. CVAG has already agreed to fund 75% of the 11.53% local share of “Participating Costs”. CVAG Staff have also advised that it would fund 100% of the “Non-Participating” or Ineligible Costs associated with the CV Link Enhancements and 75% of the costs of other “Non-Participating” costs which include the roadway approaches on both sides of the new bridge and the relocation of the IID owned electrical facilities. CVAG’s approval of the City’s request for additional regional funding has been submitted and is expected to be approved by CVAG. 4. What are the funding sources we have available to come up with this requested $900,000/month for 23 months? RESPONSE: Advance Funding Options to be Considered by Council: Advance Funds from: 1. City Unassigned General Funds; 2. Unassigned Measure G Funds; 296 3. Capital Replacement Reserve Funds; or 4. A combination of the above funds. 5. What are the TRUE risks and downsides to postponing or cancelling this project, and do they more than offset the large financial commitment we are being asked to make? IS this project truly worth more than $24mm to the City? RESPONSE: The City has invested a considerable amount of time and money obtaining Environmental Clearance, Permits, Right of Way and Preparing the Plans and Specifications getting the project ready for construction. Delaying the project until Federal Funds become available will likely require the City to reapply and/or renew the Environmental Permits and possibly the Plans and Specifications required to construct the project if and when Federal Funding becomes available. If the City cancels the project, the City will be required to repay the Federal and Regional (CVAG) Funds received to prepare the Environmental Document, Plans, Specifications, and Estimates, and to acquire the necessary Right of Way, which is approximately $3 Million Dollars. It is important to note that replacing “Low Water Crossings” with “All Weather Bridges” are no longer eligible to receive Highway Bridge Program Funding. The City’s Dune Palms Road Bridge and Avenue 50 Bridge were grandfathered into the program because they were approved for funding prior to the program changes. Subsequently, the Dune Palms Road Bridge would not be eligible for HBP funding in the future if the City chooses to cancel the project at this time. 6. Do not understand Attachment 1 and need some help with it, please. RESPONSE: Attachment 1 was provided by Caltrans Staff outlining the order of priority it will use during FFY 20/21 to prioritize HBP projects for funding. The City’s Low Water Crossing conversion to an All-weather Bridge is a low priority unless the City moves forward with an AC Conversion position. 297 7. What ARE all of the options to consider here, and what ARE the staff recommendations to the FAC and Council? RESPONSE: The options being presented to the FAC for consideration and feedback are whether the FAC recommends moving forward with the construction of the bridge using City funds to pay for advance construction costs, and if we do move forward, what is/are the recommended funding sources. Staff has laid out what they feel are the most readily available funding sources but would also welcome thoughts of any additional sources the FAC feels would be appropriate. 298 City of La Quinta CITY COUNCIL MEETING: June 15, 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. 2 299 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 finalized. 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 300 Permit Applications Plan Check Fees Collectedkk$23k k k 1kBuilding InspectionsPermits Issued Permit Fees Collected5kkk7kk 7kDEPARTMENTAL REPORT ITEM NO. 5 301 302 5k k k k k 90k k k 1k 6k$422k$442k 303 / 304 305 306 FINANCIAL ADVISORY COMMISSION MINUTES 1 MAY 12, 2021 REGULAR QUARTERLY MEETING FINANCIAL ADVISORY COMMISSION MINUTES WEDNESDAY, MAY 12, 2021 CALL TO ORDER A regular quarterly meeting of the Financial Advisory Commission (Commission) was called to order at 4:00 p.m. by Vice-Chair Twohey. This meeting was held by teleconference 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 of the Ralph M. Brown Act (Government Code § 54950 et seq.). PRESENT: Commissioners Batavick, Hoffner, Hunter, Rosen, and Vice-Chair Twohey ABSENT: Commissioner Mills and Way STAFF PRESENT: Financial Services Analyst Hallick, Interim Finance Director Martinez, Management Assistant Delgado, Public Works Director/City Engineer McKinney. PLEDGE OF ALLEGIANCE Commissioner Rosen led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None CONFIRMATION OF AGENDA – Confirmed COMMISSIONER HUNTER JOINED THE MEETING AT 4:15 P.M. ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS 1. DUNE PALMS ROAD BRIDGE – HIGHWAY BRIDGE PROGRAM (HBP) FUNDING CONSTRAINTS Public Works Director/City Engineer McKinney and City Consultant and Project Manager Nickerson, President of NAI Consulting, Inc. presented the staff report, which is on file in the Finance Department. REPORTS AND INFORMATIONAL ITEM NO. 28 307 FINANCIAL ADVISORY COMMISSION MINUTES 2 MAY 12, 2021 REGULAR QUARTERLY MEETING The Commission and staffed discussed HBP’s construction cost, funding sources, reimbursement process, non-reimbursed share cost; and HBP Financial Constraint Order of Priorities, provided as a hand-out to the Commission, made publicly available, and will be included in the public record and agenda packet for this meeting as “Attachment 1” to Presentation Item No. 1. Staff noted this item will be presented to Council as a study session item at a future Council meeting. CONSENT CALENDAR ITEMS 1.APPROVE SPECIAL MEETING MINUTES DATED APRIL 7, 2021 2. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED MARCH 31, 2021 3. RECEIVE AND FILE THIRD QUARTER 2020-21 TREASURY REPORTS FOR JANUARY, FEBRUARY, AND MARCH 2021 Motion – A motion was made and seconded by Commissioners Hoffner/Rosen to approve the Consent Calendar, as submitted. Motion passed: ayes 5, noes 0, absent 2 (Mills and Way). BUSINESS SESSION 1.REVIEW AND APPROVE THE FISCAL YEAR 2021/22 MEETING DATES Interim Finance Director Martinez presented the staff report, which is on file in the Finance Department. Motion – A motion was made and seconded by Commissioners Hoffner/Batavick to approve the fiscal year 2021/22 meeting dates as provided in the staff report. Motion passed: ayes 5, noes 0, absent 2 (Mills and Way). COMMISSIONER HUNTER LEFT THE MEETING AT 4:52 P.M. 2. RECEIVE AND FILE FISCAL YEAR 2020/21 THIRD QUARTER BUDGET REPORT Interim Finance Director Martinez presented the staff report, which is on file in the Finance Department. Motion – A motion was made and seconded by Commissioners Batavick/Rosen to receive and file fiscal year 2020/21 third quarter budget report, as submitted. Motion passed: ayes 4, noes 0, absent 3 (Hunter, Mills and Way). 308 FINANCIAL ADVISORY COMMISSION MINUTES 3 MAY 12, 2021 REGULAR QUARTERLY MEETING STUDY SESSION 1.DISCUSS FISCAL YEAR 2021/22 PRELIMINARY PROPOSED BUDGET Interim Finance Director Martinez presented the staff report, which is on file in the Finance Department. The Commission and staff discussed increasing costs for business licenses and permits; City Manager’s Office budgeted contingency; possible anticipated increase in expenses for the capital improvement program and its budgeted contingency. The Commission inquired about Federal Emergency Management Agency (FEMA) reimbursement for the City. Staff went over status and process for FEMA reimbursements. DEPARTMENTAL REPORTS 1.FOURTH QUARTER 2020 (OCTOBER-DECEMBER) SALES TAX UPDATE FOR THE CITY OF LA QUINTA Financial Services Analyst Hallick presented the staff report, which is on file in the Finance Department. Financial Services Analyst Hallick highlighted the top 25 businesses for sales tax and Measure G revenues. 2. RECRUITMENT FOR A NEW FINANCE DIRECTOR – VERBAL UPDATE Financial Services Analyst Hallick announced that Accounting Manager Martinez has been named as the Interim Finance Director and that Human Resources and the City Manager’s Office are working on next steps in the recruitment process for a Finance Director. COMMISSIONERS’ ITEMS 1.EXPIRATION OF FINANCIAL ADVISORY COMMISSIONER TERMS Management Assistant Delgado said the terms for four Members of this Commission are expiring on June 30, 2021; these Members were notified of this and invited to reapply by the Clerk’s Office on March 29, 2021. Ms. Delgado provided a summary of all City Boards and Commission upcoming vacancies. 309 FINANCIAL ADVISORY COMMISSION MINUTES 4 MAY 12, 2021 REGULAR QUARTERLY MEETING Staff provided the Commission with an update of the applications received so far for this Commission’s vacancies. Staff said they encourage those residents who would like to get involved to apply for any of the opening seats for boards and commissions. Commissioner Rosen and Twohey shared that they will not be reapplying for another term. The Commission and staff thanked those not reapplying for their service and commitment to the Commission. 2. ELECTRIC VEHICLE (EV) CHARGING STATIONS Financial Services Analyst Hallick said that this item was request by Chairperson Mills, however, since Chair Mills was not present, staff was unaware of the specifics for this item. The Commission suggested that the City should look into a policy for electric vehicles (EV) charging stations where there is a permit or fee charged to those using these charging stations. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Batavick/Hoffner to adjourn this meeting at 5:47 p.m. Motion passed: ayes 4, noes 0, absent 3 (Hunter, Mills and Way). Respectfully submitted, Jessica Delgado, Management Assistant City of La Quinta, California Digitally signed by Jessica Delgado DN: cn=Jessica Delgado, o=City of La Quinta, ou=Finance, email=jdelgado@laquintaca.gov, c=US Date: 2021.06.03 14:57:32 -07'00' 310 POWER POINTS CITY COUNCIL MEETING JUNE 15, 2021 06/15/2021 1 City Council Meeting June 15, 2021 City Council Meeting June 15, 2021 Closed Session In Progress 1 2 06/15/2021 2 Pledge of Allegiance Public Comment - Teleconference Join virtually via Zoom https://zoom.us/j/92585509793 Meeting ID: 925 8550 9793 “Raise Hand” to speak Limit Comments to 3 minutes 3 4 06/15/2021 3 Public Comment - Teleconference Join virtually via Zoom by phone: (669) 900 – 9128 Meeting ID: 925 8550 9793 *9 = Raise Hand *6 = Unmute Limit Comments to 3 minutes Public Comment – Raise Hand 5 6 06/15/2021 4 Public Comment – Raise Hand 7 8 06/15/2021 5 City Council Meeting June 15, 2021 P2 – Update Bighorn Sheep Fence La Quinta City Council June 15, 2021 Update:  Bighorn Sheep Fence Project 9 10 06/15/2021 6 Proposed Fence Route: Lake Cahuilla to PGA West 11 12 06/15/2021 7 View from PGA West View from PGA West 13 14 06/15/2021 8 Next Steps Finalize and Execute PGA West  –CVCC Agreement Complete Construction Plans – 60+ days Finalize all access agreements Begin fence construction –fall 2021 Where they should be . . . 15 16 06/15/2021 9 Population Monitoring Program •Capture and collaring bighorn sheep •Ground & aerial monitoring •Helicopter surveys Population Structure – Ewe Groups •Four ewe groups: −San Jacinto Mountains −Northern Santa Rosa Mountains −La Quinta −Sheep Canyon •Year-round use •884 bighorn range- wide (2016) 17 18 06/15/2021 10 Recovery Criteria •To Downlist to Threatened •To Delist 25 ewes 6  years Land  Mgm’t 25  ewes 750  total 12  years Land  Mgm’ t Questions? 19 20 06/15/2021 11 City Council Meeting June 15, 2021 P3 – IID Board of Directors Update on Coachella Valley Energy Commission 21 22 06/15/2021 12 23 24 06/15/2021 13 25 26 06/15/2021 14 27 28 06/15/2021 15 29 30 06/15/2021 16 31 32 06/15/2021 17 33 34 06/15/2021 18 35 36 06/15/2021 19 37 38 06/15/2021 20 City Council Meeting June 1, 2021 B2 – Memorandum of Understanding with Greater Coachella Valley Chamber of Commerce Background •Annual Agreement with Chamber since 1991 •Supports business development, retention, and tourism 39 40 06/15/2021 21 Fiscal Impact •2021/22 budget of $95,200 to include: –The Gem $82,450 –State of the City $8,000 –Hot Rod Car Show $4,750 –Dinner Under the Glow $0 Fiscal Impact •Cancelled events due to COVID-19 - no charge •No change/increase from 20/21 MOU 41 42 06/15/2021 22 The Gem •Evaluate The Gem design, distribution, and frequency •Survey results: –Survey ran from March – May 2021 –67 responses –Chamber & City reviewing feedback to make changes accordingly 43 44 06/15/2021 23 City Council Meeting June 15, 2021 Recess from 5:35 pm to 6:30 pm Old Town La Quinta; 78100 Main St California Re-Opening Ceremonial Event City Council Meeting June 15, 2021 PH1 – 2021/22 through 2025/26 Capital Improvement Program 45 46 06/15/2021 24 Purpose and Timeline •Review CIP – 5-year plan •Finance Advisory Commission –Reviewed February 24, 2021 •City Council –Study Session –SB1 RMRA and Measure approval on April 6 –Public Hearing in June –Appropriate first year funds with City Budget FAC CIP Budget Committee •Commissioners Batavick and Hoffner •Committee reviewed: –CIP process –Funding –Prioritization criteria –Proposed Projects •Commissioners Report: –Committee and Staff recommend CIP Budget of $46.7M for FYs 2021/22 through 2025/26 47 48 06/15/2021 25 Transportation Projects •2021/22 PMP –First year of proposed 5-Year PMP –Crack Fill and Slurry Seal and Dig Outs: •Ave 52 from Washington St to Desert Club Dr •Desert Club Drive •Springtime Way •Calle Estado •Avenida Montezuma from Ave Carranza to Ave Bermudas •Within Desert Pride development •Avenida Villa •Avenida Navarro •Dune Palms from Ave 48 to Hwy 111 Transportation Projects •Avenue 53 at Jefferson Street Roundabout –Roundabout at Jefferson Street and Avenue 53 –Road diet on Jefferson Street from Ave 52 to Ave 54 - buffered bicycle and golf cart lane •Dune Palms Pavement Rehabilitation –Miles Avenue to Fred Waring Drive •Citywide Striping Refresh –Striping refresh of all arterial streets within City limits 49 50 06/15/2021 26 Drainage Improvements •Citywide Enhancements –Washington Street - from Avenue 48 to Highway 111 and Dune Palms Road –Minimum 150-year storm protection Landscape Renovation Projects •Landscape & Lighting Median Island Improvements –Refurbish southern medians –Utilizing current landscape contractor and staff –Currently completing Eisenhower Drive •La Quinta Landscape Renovation Improvements –Renovate northern parkway over 5 years –Desert efficient landscape palette –Final funding allocation for Cactus Flower parkways 51 52 06/15/2021 27 5 Year Landscape Renovation Plan Landscape Renovation Projects 53 54 06/15/2021 28 Parks and Facilities Projects •Fritz Burns Park Improvements –Space planning and additional park amenity improvements •Village Art Plaza, Promenade and Cultural Center –Master planning effort underway –Village Art Promenade improvements: •Seating and socializing area, landscape and irrigation, walkways, permanent and temporary art spaces, and shade structures –Connectivity between Village Art Plaza and City Museum –Convert Lumber Yard structure and surrounding grounds to Village Art Plaza Other CIP Projects •Highway 111 Corridor Area Plan Implementation –Form Based Code assessment underway –PS&E for demonstration projects and ATP Grant application –Banking construction funding for demonstration project •Citywide Miscellaneous ADA Improvements 55 56 06/15/2021 29 DIF Reimbursements •Pay down existing obligations –In lieu of approving new Transportation DIF Projects –$400,000 per year –Anticipated completion: 2028/29 Projects on the Horizon •Fred Waring  Drive Pavement Rehabilitation (2022/23) –Washington  Street to Adams Street •Corporate Yard  Administrative Offices and Crew  Quarters (2022/23) •Washington  Street Sidewalk Improvements (2023/24) –Avenue 50 to Calle Tampico •Moon River Drive Pavement  Rehabilitation (2024/25) –Avenue 50 to DSUSD Right of Way 57 58 06/15/2021 30 59 60 06/15/2021 31 2021/22 CIP •Seek Council direction •CIP adopted in June •Appropriate first year funds with City Budget •QUESTIONS/DISCUSSION 61 62 06/15/2021 32 City Council Meeting June 15, 2021 PH2 – Lighting and Landscape Assessment District 89-1 FY 2021/22 Background •Annually, Council takes actions to levy annual  assessments for  Citywide L&L District •Assessments fund ROW landscape, lighting,  median, and parkway maintenance •Assessment rate  to remain at $35.60 per  Equivalent Benefit Unit (same since 1997) 63 64 06/15/2021 33 Fiscal impacts •L&L District 89‐1 for  FY 2021/22: •Revenues = $981,712 •County Service Area 152  Offset = $150,000 •Combined = $1,131,712 •Estimated Expenditures = $2,240,400 •$1,108,688 short fall funded by General Fund Questions? 65 66 06/15/2021 34 City Council Meeting June 15, 2021 B3 – Adopt Fiscal Year 2021/22 Budget 67 68 06/15/2021 35 Budget Adoption Summary General Fund Revenues and Expenses Measure G Sales Tax General Fund Reserves & Carryovers Summary of all Funds Appropriations Limit Personnel Schedule 2021/22 General Fund Summary 12 Public meetings •Financial Advisory Commission •Housing Commission Revenues 58,804,210$ Less Operating/CIP Expenses (55,162,726) Preliminary Budget Surplus 3,641,484 Less Measure G Reserves (3,578,644) BUDGET SURPLUS 62,840$ GENERAL FUND FY 2021/22 PROPOSED BUDGET SUMMARYFire 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$ Police Costs (590,000)$ Fire Service Costs (200,000) Land Improvements 400,000 Road Improvements 100,000 Citywide Events 50,000 Contract Services 30,000 Park Improvements 150,000 SRR Transfers Out 75,000 Total Adjustments 15,000 AMENDED BUDGET SURPLUS 62,840$ GENERAL FUND AS OF 6/15/2021 GENERAL FUND AS OF 6/1/2021 69 70 06/15/2021 36 Measure G Sales Tax Measure G Sales Tax Revenue 11,500,000$ Police Services (5,163,000) Capital Improvements (2,758,356) Available for Appropriation 3,578,644$ MEASURE G SALES TAX SUMMARY General Fund Reserves •Capital Improvement Carryovers estimated at $12,500,000 •Operating Carryovers $706,100 •RDA Loan repayment $3,303,610 - 80% General Fund $2,642,888 - 20% Housing Authority Fund $660,722 Fund Balance Summary Estimated as of 6/30/2021 Target Deficit Emergency Reserves Natural Disaster 10,000,000$ 10,000,000 - Economic Disaster 11,000,000 11,000,000 - Cash Flow Reserve 5,000,000 5,000,000 - Capital Replacement Reserve 10,000,000 10,000,000 - Unassigned Reserve 15,500,367 - - Total Committed & Unassigned Funds 51,500,367 36,000,000 - - Sales Tax (Measure G) 13,151,469 - Public Safety Fire Service Trust 11,408,000 - Pension Trust Fund 11,228,000 10,000,000 1,228,000 Other Post Employment Benefit Trust 1,934,000 - Total Assigned Funds 37,721,469 Overall Total 89,221,836$ 46,000,000 1,228,000 71 72 06/15/2021 37 Summary of All Funds •Total for all Funds: –Revenues $89,620,439 –Expenses $90,041,698 Appropriations Limit & Personnel •Limit for 2021/22 - $150,427,126 –Total applicable revenues $57,775,110 –Under by $92,652,016 •Personnel Schedule –86 Full-Time –9.84 Part-Time –5 Elected Officials 73 74 06/15/2021 38 Discussion & Questions 75 76 06/15/2021 39 City Council Meeting June 15, 2021 S1 – HBP Funding Constraints – Dune Palms Road Bridge Bridge - Funding Challenges •Caltrans sponsored HBP funding oversubscribed •New programming capacity unavailable •Bridge delayed 2-5 years •Delayed = Additional City Costs –Recertify Environmental Document –Recertify Plans and Specifications –Reapply for Construction Permits 77 78 06/15/2021 40 Bridge Schedule FEDERAL FISCAL YEAR 2020 •Finalize PS&E On or before May 28, 2021 •Submit ROW Certification/Utility Clearance On or before June 30, 2021 •Submit RFA Construction AC Funds On or before July 21, 2021 •Submit RFA Utilities (CVWD Water/Sewer) On or before July 21, 2021 •Advertise for RE Team On or before August 1, 2021 •Advertise for Construction On or before September 9,2021 FEDERAL FISCAL YEAR 2021 •Target to Award Construction November 16, 2021 •Mobilize and Begin Construction January 2022 Bridge – Total Cost Phase Estimated Cost New Bridge Federal Funding (Caltrans-HBP) Non-Participating Plus Local Share Engineering/Design $1,750,000 $1,549,275 $200,275 Right of Way $1,570,554 $1,166,825 $403,729 Construction $16,695,276 $11,241,037 $5,454,239 Const. Engineering $2,504,292 $2,217,050 $287,242 Contingency $1,669,530 $1,478,035 $191,495 Total Costs:$24,189,652 $17,652,222 $6,537,430 Agency Funding Share Caltrans-HBP Funding Share:$17,652,222 City of La Quinta Funding Share:$1,084,100 CVAG Funding Share:$5,395,230 CVWD Funding Share:$58,100 Total Cost:$24,189,652 79 80 06/15/2021 41 Bridge - Construction Phase Phase Estimated Cost New Bridge Federal Funding (Caltrans- HBP) Non- Participating Plus Local Share Construction $16,695,276 $11,241,037 $5,454,239 Const. Engineering $2,504,292 $2,217,050 $287,242 Contingency $1,669,530 $1,478,035 $191,495 Total Costs:$20,869,098 $14,936,122 $5,932,976 Agency Funding Share Caltrans-HBP Funding Share:$14,936,122 City of La Quinta Funding Share:$932,987 CVAG Funding Share:$4,941,889 CVWD Funding Share:$58,100 Total Cost:$20,869,098 Bridge - Advance Funding Options •Delay project until Federal Funds available; or •Advance funding from Unassigned General Funds; or •Advance funding from Unassigned Measure G Funds; or •Advance funding from Capital Replacement Reserve Funds; or •Advance funding from combination of Unassigned Funding Sources; or •Obtain a Loan from outside/internal funding source. 81 82 06/15/2021 42 Reserves 2019/20 Ending Balance, Measure G Reserves $8,736,219 2020/21 Measure G Revenue Budget, Adopted $8,197,200 2020/21 Public Safety Contract Services ($4,545,000) 2020/21 X-Park Landscaping ($275,000) 2020/21 Highway 111 Corridor Improvements ($250,000) 2020/21 Measure G Budget, Q2 adjustment $1,500,000 2020/21 Measure G Budget, Q3 adjustment $920,000 2020/21 Use of Measure G Reserves, SilverRock Event Site ($244,700) 2020/21 Use of Measure G Reserves, Alongi Building ($160,000) 2020/21 Use of Measure G Reserves, SilverRock Event Site ($290,000) 2020/21 Use of Measure G Reserves, SilverRock Soil Stabilization ($10,000) 2020/21 Use of Measure G Reserves, SilverRock Event Site ($427,250) 2020/21 Projected Ending Balance, MG Reserves $13,151,469 2021/22 Measure G Revenue Budget, Propsoed $11,500,000 2021/22 Public Safety Contract Services, Proposed ($5,163,000) 2021/22 Capital Improvements, Proposed ($2,758,356) 2021/22 Projected Ending Balance, MG Reserves $16,730,113 2019/20 Ending Balance, General Fund Unassigned Reserves 19,094,651$ 2020/21 2nd Quarter Allocation to Reserves (8,160,000) 2020/21 Projected Budget Surplus 1,974,650 2020/21 RDA Loan Repayment 2,591,066 2020/21 Projected Ending Balance, Unassigned Reserves 15,500,367$ Measure G Summary Unassigned Reserves Summary Current Proposed Use Remaining Unassigned $15,500,367 $5,000,000 $10,500,367 Measure G $13,151,469 $4,936,122 $8,215,347 Capital $10,000,000 $5,000,000 $5,000,000 Total $38,651,836 $14,936,122 $23,715,714 Current Proposed Use Remaining Unassigned $15,500,367 $7,500,367 $8,000,000 Measure G $13,151,469 $2,435,755 $10,715,714 Capital $10,000,000 $5,000,000 $5,000,000 Total $38,651,836 $14,936,122 $23,715,714 Current Proposed Use Remaining Unassigned $15,500,367 $7,500,367 $8,000,000 Measure G $13,151,469 $7,435,755 $5,715,714 Total $28,651,836 $14,936,122 $13,715,714 Funding Options •Funds are available in  Unassigned, Measure G and  Capital Improvement  Reserves •Funds could be allocated  from a combination of  categories  83 84 06/15/2021 43 DUNE PALMS  ROAD BRIDGE 85 86 06/15/2021 44 City Council Meeting June 15, 2021 S2 – Silverrock Resort Development Update SilverRock Development Company LLC  City of La Quinta – Council Meeting Update June 15, 2021 87 88 06/15/2021 45 Sequence of  Activities on Site Sequence of Activities  Onsite Montage Hotel and Spa  Site Watering – April, 2021 ‐Complete Mylars for Precise Grading Plan Approval – June, 2021 – Re‐submitted  Pending Approval / Signature  Grading & Pad Certification – June, 2021 –Pending P.G   Mylar Approval  Model Room Construction –May to September, 2021 – Permit issued Underground Utilities – July, 2021 –On schedule Building Construction – July, 2021 –On schedule Completion – April, 2023 ‐On schedule 89 90 06/15/2021 46 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 –In Process Site Watering – May, 2021 ‐Completed Mylars for Precise Grading Plan Approval – June, 2021 –Re‐ submitted pending signature Grading & Pad Certification – June, 2021 –On schedule Underground Utilities –July to November, 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 91 92 06/15/2021 47 Progress  Photos –Montage Residences 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 93 94 06/15/2021 48 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 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, 2022 Phase 1 Completion –February, 2023 95 96 06/15/2021 49 Sequence of Activities  Onsite Pendry Hotel Mylars for Precise Grading Plan – June/July, 2021 –In  process Site Watering – June, 2021 –Pending identification of  hazardous disposal site for underground pipe demo Grading & Pad Certification– August, 2021 –On  schedule subject  to site watering Building Construction – April, 2022 –On schedule Completion  – January, 2024 –On schedule Thank youThank you 97 98 06/15/2021 50 City Council Meeting June 15, 2021 Closed Session In Progress 99 100 WRITTEN PUBLIC COMMENT CITY COUNCIL MEETING JUNE 15, 2021 1 From:Mindy Sent:Tuesday, June 15, 2021 3:03 PM To:City Clerk Mail Subject:Written Comments  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.    Full Name: Mindy and Dr. Tony Brar City: La Quinta Phone: Written Comment Subject: STVR Permits Hello Mayor and Council Members, We are in total support of lifting the stay on STVR. As per the last meeting Memorial Day Saturday had zero complaints for noise. No licenses were given since August of last year. I think it is time to at least open the program to people who purchased last year. Then slowly open another group afterwards so it’s not all at once. The summer is approaching, restrictions are lifted. People want to go about and travel. We should be welcoming tourism to La Quinta being the tourism city that it is. New restrictions are in place if homeowners don’t abide by the rules they know of the consequences. Majority, will follow the rules and respect the city’s regulations. You will have the bad apples that will complain whether you are STVR or just a regular homeowner that is enjoying their home with friends and family. I think it is time to welcome and appreciate the fact that we are almost back to normalcy. It should be celebrated that we have gotten to this point. Thanks for your time, Mindy and Tony Brar Sent from my iPhone CITY COUNCIL MEETING - JUNE 15, 2021 - WRITTEN PUBLIC COMMENTS BY RESIDENTS MINDY & DR. TONY BRAR PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - IN SUPPORT OF STVRS & LIFTING THE MORATORIUM 1 From:Marcia Cutchin Sent:Sunday, June 13, 2021 6:59 PM To:City Clerk Mail; Linda Evans; John Pena; Robert Radi; Kathleen Fitzpatrick; Steve Sanchez Subject:Written comments council meeting 6/25/22  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.   1) Full Name Marcia Cutchin 2) City of Residence La Quinta 3) Phone Number 4) Public Comment or Agenda Item Number Matters not on the agenda 5) Subject - STVR Conditions for Coexistence 6) Written Comments Dear City Council Members, Congratulations on the recent reduction of complaints to the code enforcement team. Your actions have put the great number of STVR operations we have within our residential communities in check. As a direct result of your decision to cease issuing any new licenses, a measure of the dispute surrounding the licensing of businesses in our bedroom communities has been alleviated. Going forward, residents who are not currently immediately adjacent to or surrounded by a proliferation of STVRs would appreciate the council reviewing the following conditions for co- existence. The current wording of an "indefinite" stay on issuing new permits leaves the residents responsible to petition council an indefinite number of times to keep the industry and ambitious investors at bay. The Ad-hoc committee, the N4N report and residents have repeatedly asked council to set a cap on the number of STVRs it intends to license in our communities. In several surveys, an average of 67% of the residents in the city of La Quinta have expressed a desire to ban all STVRs from residential neighborhoods. However, the majority of Council Members have stated they support STVRs. The current wording of the stay, "indefinite", implies the council may use a future review session to permit more STVRs in our communities. Investors continue to renovate homes by converting them from living spaces to short term vacation rental spaces. Real estate agents continue to list houses as "a great vacation rental opportunity". Several homes recently purchased sit empty waiting for council to "review" the stay, in anticipation of an increase in licensing allotments. CITY COUNCIL MEETING - JUNE 15, 2021 - WRITTEN PUBLIC COMMENTS BY RESIDENT MARCIA CUTCHIN PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - OPPOSES STVRS & SUPPORTS THE MORATORIUM 2 Please understand that residents view the pressure from the industry and the review process as a constant and never-ending threat to our peaceful enjoyment of our homes. Every time a property goes up for sale there is the constant threat that an investor will purchase it an lay in wait until the council decides, "Well we didn't have any complaints this month so let's issue more licenses". It would be ideal if at this time the council would address the following conditions for coexistence. We don't want to wait until an uptick in complaints arise or a review that requires residents to again issue the number of STVRs in our neighborhoods. Please review the following and begin proceedings to facilitate the conditions for coexistence for the welfare of this community. Sincerely, Marcia L Cutchin CONDITIONS FOR COEXISTENCE – RESIDENTS & STVRs DENSITY, FREQUENCY AND DISTANCING: 3% cap in individual neighborhoods. 300 ft distance requirement on all new licensing Occupancy density 2 per bedroom. On premise parking only as was in the 2012 original licensing. Minimum rental periods or maximum rental transactions. ENFORCEMENT: Staff will maintain an around the clock code compliance team that will answer all calls with a live member of the code enforcement team all 24 hours – 365 days a year. Code enforcement will resolve all complaints within 30 minutes of the call. If staff is not equipped to resolve the complaint in 30 minutes, call the police. RESIDENTS’ COMMISSION/BOARD: Appeals, Citations, Suspensions, Remediation, and Licensing CITY COUNCIL MEETING - JUNE 15, 2021 - WRITTEN PUBLIC COMMENTS BY RESIDENT MARCIA CUTCHIN PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - OPPOSES STVRS & SUPPORTS THE MORATORIUM 3  Board to consist of residents who are not STVR owners or any persons directly or indirectly profiting from the STVR industry. Appeals for citations and suspensions will be referred to the citizen's board for review. The city manager and/or staff will not be authorized to personally waive any citations or suspensions. Remediation: This board will work with residents who file a grievance regarding impact or over saturation in the immediate vicinity of their homes. The hearings will seek to find solutions to remedy the deterioration of their quality of life due to the proximity of an STVR or an over concentration of STVRs.  Future licensing: All future applications for licensing will be reviewed by this committee to ascertain if they fall within the density limits and outside of the distance limits. This committee will perform inspections for parking requirements and assess potential intrusion on neighbor's quality of life.  This board may determine individual requirements may be necessary such as special trash pick up services to be imposed in the interest of fostering equitable co-existence. CITY COUNCIL MEETING - JUNE 15, 2021 - WRITTEN PUBLIC COMMENTS BY RESIDENT MARCIA CUTCHIN PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - OPPOSES STVRS & SUPPORTS THE MORATORIUM HAND OUTS CITY COUNCIL MEETING JUNE 15, 2021 Actual Adopted Adopted Funding Source Personnel Schedule 2019/20 2020/21 2021/22 General Fund Mayor & City Council 5 5 5 TOTAL 5 5 5 Actual Adopted Adopted Funding Source Personnel Schedule 2019/20 2020/21 2021/22 General Fund Administrative Assistant 1 1 1 General Fund City Clerk 0.9 0.9 0.9 Housing Authority City Clerk 0.1 0.1 0.1 General Fund Deputy City Clerk 1 1 1 General Fund Management Assistant 1 1 1 General Fund Part-Time Administrative Technician 1 0 0 TOTAL 5 4 4 Actual Adopted Adopted Funding Source Personnel Schedule 2019/20 2020/21 2021/22 General Fund Assistant to the City Manager 0.75 0.6 0.6 Housing Authority Assistant to the City Manager 0.25 0.4 0.4 General Fund City Manager 0.9 0.8 0.8 Housing Authority City Manager 0.1 0.2 0.2 General Fund Management Analyst 0.5 0 0 Housing Authority Management Analyst 0.25 0.6 0.6 Information Technology Management Analyst 0.25 0.4 0.4 General Fund Management Assistant 0.5 0.2 0.2 Housing Authority Management Assistant 0.5 0.8 0.8 General Fund Management Specialist 1.5 1.4 1.4 Housing Authority Management Specialist 0.25 0.6 0.6 Information Technology Management Specialist 0.25 0 0 General Fund Management Specialist 1 1 1 General Fund Marketing & Events Coordinator 0.5 0 0 General Fund Marketing Manager 0.5 1 1 TOTAL 8 8 8 Actual Adopted Adopted Funding Source Personnel Schedule 2019/20 2020/21 2021/22 General Fund Administrative Assistant 2 2 2 General Fund Administrative Technician 2 1.6 1.6 General Fund Administrative Technician 0 0.4 0.4 General Fund Animal Control/Code Compliance Supervisor 1 1 1 General Fund Code Compliance Officer I 1 1 2 General Fund Code Compliance Officer II 4 4 4 General Fund Community Resources Coordinator 1 1 1 General Fund Community Resources Director 1 0.7 0.7 General Fund Community Resources Director 0 0.15 0.15 Library & Museum Community Resources Director 0 0.15 0.15 General Fund Community Resources Manager 0.5 0.4 0.4 General Fund Community Resources Manager 0.5 0.4 0.4 Library & Museum Community Resources Manager 0 0.2 0.2 General Fund Community Resources Specialist 1 1 1 CITY COUNCIL CITY CLERK CITY MANAGER COMMUNITY RESOURCES CITY OF LA QUINTA PERSONNEL SUMMARY BY DIVISION EXHIBIT F FY 2021/22 ADOPTED BUDGET CITY COUNCIL MEETING - JUNE 15, 2021 - BUSINESS SESSION ITEM NO. 3 - FY 2021/22 CITY BUDGET HAND-OUT BY STAFF - "EXHIBIT F" WILL BE ADDED TO THE BUDGET ATTACHMENT TO THE STAFF REPORT Actual Adopted Adopted Funding Source Personnel Schedule 2019/20 2020/21 2021/22 General Fund Human Resources Analyst 1 1 1 General Fund Human Resources Manager 1 0 0 General Fund Maintenance & Operations Superintendent 1 0 0 General Fund Management Analyst 0.5 0 0 General Fund Community Resources Analyst 0.5 0.8 0.8 Library & Museum Community Resources Analyst 0 0.2 0.2 General Fund Management Assistant 1 1 1 General Fund Management Specialist 0.5 0 0 Insurance Fund Management Specialist 0.5 0 0 General Fund Public Safety Analyst 0 0 0 General Fund Public Safety Manager 1 0.8 0.8 General Fund Public Safety Manager 0 0.2 0.2 General Fund Part-Time Administrative Technician 1 1 0.97 General Fund Part-Time Recreation Leader 8 8 5.96 General Fund Part-Time Senior Recreation Leader 2 2 1.94 General Fund Senior Emergency Management Coordinator 1 1 1 TOTAL 33 30 28.87 Actual Adopted Adopted Funding Source Personnel Schedule 2019/20 2020/21 2021/22 General Fund Administrative Technician 0 0 0 General Fund Administrative Technician 0 0 0 General Fund Administrative Assistant 1 1 1 General Fund Assistant Construction Manager 0.5 1 1 General Fund Associate Engineer 1 1 1 General Fund Building Superintendent 0 0 0 General Fund City Engineer 0.5 0 0 General Fund Public Works Director/City Engineer 0.5 1 1 General Fund Construction Inspector 2 2 2 General Fund Construction Manager/Inspection Supervisor 1 0 0 General Fund Facilities Director 0.5 0.5 0.5 General Fund Facilities Director 0.5 0.5 0.5 SilverRock Resort Fund Facilities Director 0 0 0 Gas Tax Fund Maintenance & Operations Technician 1 0 0 Gas Tax Fund Maintenance Foreman 0.5 1 1 General Fund Maintenance & Operations Coordinator 1 1 1 Lighting & Landscape Maintenance Foreman 0.5 0 0 Gas Tax Fund Maintenance Manager 0.75 0 0 Lighting & Landscape Maintenance Manager 0.25 0 0 Gas Tax Fund Maintenance Worker I 3 2 2 General Fund Maintenance Worker I 1 1 1 Lighting & Landscape Maintenance Worker I 1 1.5 1.5 General Fund Maintenance Worker I 1 1.5 1.5 Gas Tax Fund Maintenance Worker II 2 2 2 General Fund Maintenance Worker II 0.5 0.5 0.5 Lighting & Landscape Maintenance Worker II 0.5 0.5 0.5 General Fund Maintenance & Operations Technician 1 1 1 General Fund Management Analyst 0 1 1 General Fund Management Analyst 0.5 0.5 0.5 Lighting & Landscape Management Analyst 0.5 0.5 0.5 General Fund Management Analyst 1 1 1 Gas Tax Fund Management Analyst 0 0 0 General Fund Management Assistant 0 1 1 PUBLIC WORKS COMMUNITY RESOURCES continued… CITY OF LA QUINTA PERSONNEL SUMMARY BY DIVISION EXHIBIT F FY 2021/22 ADOPTED BUDGET CITY COUNCIL MEETING - JUNE 15, 2021 - BUSINESS SESSION ITEM NO. 3 - FY 2021/22 CITY BUDGET HAND-OUT BY STAFF - "EXHIBIT F" WILL BE ADDED TO THE BUDGET ATTACHMENT TO THE STAFF REPORT Actual Adopted Adopted Funding Source Personnel Schedule 2019/20 2020/21 2021/22 General Fund Management Assistant 0 0 0 General Fund Management Assistant 0 0 0 General Fund Management Specialist 0.5 0 0 General Fund Parks Foreman 0 0 0 General Fund Parks/L&L Foreman 1 0.5 0.5 Lighting & Landscape Parks/L&L Foreman 0 0.5 0.5 General Fund Parks Superintendent 0 0 0 General Fund Parks Maintenance Worker 0 0 0 General Fund Traffic Operations Analyst 1 1 1 General Fund Traffic Signal Technician 2 2 2 TOTAL 28 27 27 Actual Adopted Adopted Funding Source Personnel Schedule 2019/20 2020/21 2021/22 General Fund Administrative Assistant 2 2 2 General Fund Administrative Technician 0 0 1 General Fund Associate Planner 1 1 1 General Fund Building Inspector I 1 1 1 General Fund Building Inspector II 2 2 2 General Fund Building Official 1 1 1 General Fund Design & Development Director 1 1 1 General Fund Executive Assistant 1 1 0 General Fund Hub Manager 1 1 1 General Fund Management Analyst 1 0 0 General Fund Management Assistant 1 0 0 General Fund Management Specialist 1.5 0 0 General Fund Part-Time Sequel Writer 0 0 0.97 General Fund Permit Technician 5 5 5 General Fund Planning Manager 1 1 1 General Fund Plans Examiner 1 1 1 General Fund Plans Examiner/Inspection Supervisor 0 0 0 General Fund Senior Planner 1 1 1 TOTAL 21.5 18 18.97 Actual Adopted Adopted Funding Source Personnel Schedule 2019/20 2020/21 2021/22 General Fund Account Technician 2 3 3 General Fund Accountant 1 1 1 General Fund Finance Director 0.9 0.9 0.9 Housing Authority Finance Director 0.1 0.1 0.1 General Fund Financial Services Analyst 1 1 1 General Fund Junior Accountant 1 1 1 General Fund Management Assistant 1 1 1 General Fund Accounting Manager 0.5 1 1 General Fund Senior Accountant 0.5 0 0 TOTAL 8 9 9 TOTAL NUMBER OF ELECTED OFFICIALS 555 TOTAL NUMBER OF PART-TIME EMPLOYEES 14 11 9.84 TOTAL NUMBER OF FULL-TIME EMPLOYEES 89.5 85 86 PUBLIC WORKS continued… DESIGN AND DEVELOPMENT FINANCE CITY OF LA QUINTA PERSONNEL SUMMARY BY DIVISION EXHIBIT F FY 2021/22 ADOPTED BUDGET CITY COUNCIL MEETING - JUNE 15, 2021 - BUSINESS SESSION ITEM NO. 3 - FY 2021/22 CITY BUDGET HAND-OUT BY STAFF - "EXHIBIT F" WILL BE ADDED TO THE BUDGET ATTACHMENT TO THE STAFF REPORT CITY COUNCIL MEETING - JUNE 15, 2021 - HANDOUT BY SUSIE DEL TORO, FOUNDER OF FREEDOM FLAGS FOR FAMILIES CITY COUNCIL MEETING - JUNE 15, 2021 - HANDOUT BY SUSIE DEL TORO, FOUNDER OF FREEDOM FLAGS FOR FAMILIES CITY COUNCIL MEETING - JUNE 15, 2021 - HANDOUT BY SUSIE DEL TORO, FOUNDER OF FREEDOM FLAGS FOR FAMILIES CITY COUNCIL MEETING - JUNE 15, 2021 - HANDOUT BY SUSIE DEL TORO, FOUNDER OF FREEDOM FLAGS FOR FAMILIES