2022 06 21 Council Reg Mtg Held Jointly with HA Special MtgSPECIAL MEETING Page 1 of 2 JUNE 7, 2022
HOUSING AUTHORITY, HELD JOINTLY WITH CITY COUNCIL REGULAR MEETING
NOTICE AND CALL OF SPECIAL MEETING
OF THE LA QUINTA HOUSING AUTHORITY
TO THE MEMBERS OF THE LA QUINTA HOUSING AUTHORITY AND TO
THE AUTHORITY SECRETARY:
NOTICE IS HEREBY GIVEN that a Special Meeting of the La Quinta
Housing Authority is hereby called to be held on Tuesday, June 21, 2022,
commencing with Closed Session at 3:00 p.m. and Open Session at
4:00 p.m. at La Quinta City Hall located at 78495 Calle Tampico, La Quinta,
CA 92253 for the following purpose:
CONSENT CALENDAR
1. APPROVE MEETING MINUTES OF CITY COUNCIL REGULAR
MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL
MEETING DATED JUNE 7, 2022
BUSINESS SESSION
1. INTERVIEW AND APPOINT RESIDENTS TO SERVE ON THE CITY’S
FINANCIAL ADVISORY COMMISSION AND HOUSING
COMMISSION
2. ADOPT RESOLUTION TO APPROVE FISCAL YEAR 2022/23 LA
QUINTA HOUSING AUTHORITY BUDGET
Dated: June 17, 2022
/s/Steve Sanchez
STEVE SANCHEZ, Chairperson
Attest:
MONIKA RADEVA, City Clerk and Authority Secretary
City of La Quinta, California
SPECIAL MEETING Page 2 of 2 JUNE 7, 2022
HOUSING AUTHORITY, HELD JOINTLY WITH CITY COUNCIL REGULAR MEETING
DECLARATION OF POSTING
I, Monika Radeva, Authority Secretary, do hereby declare that the foregoing
notice for the Special Meeting of the Housing Authority of the City of La Quinta
on June 21, 2022, was posted on the outside entry to the Council Chamber at
78495 Calle Tampico and on the bulletin boards at 51321 Avenida Bermudas
and 78630 Highway 111 on June 17, 2022.
MONIKA RADEVA, Authority Secretary
La Quinta Housing Authority
AGENDA Page 1 of 10 JUNE 21, 2022
CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING
AGENDA
JOINT MEETING OF THE CITY COUNCIL
AND HOUSING AUTHORITY
CITY HALL COUNCIL CHAMBER
78495 Calle Tampico, La Quinta
CITY COUNCIL REGULAR MEETING ON TUESDAY, JUNE 21, 2022
3:00 P.M. CLOSED SESSION | 4:00 P.M. OPEN SESSION
SPECIAL HOUSING AUTHORITY MEETING
ON TUESDAY, JUNE 21, 2022, AT 4:00 P.M.
******************************
SPECIAL NOTICE
Teleconferencing and Telephonic Accessibility In Effect
Pursuant to Executive Orders N-60-20 and N-08-21 executed by the Governor
of California, and subsequently Assembly Bill 361 (AB 361, 2021), enacted 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 public, the City Council, Housing Authority,
the City Manager/Executive Director, City Attorney/Authority Counsel, 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 or Housing
Authority, either for a specific agenda item or matters not on the agenda are
requested to follow the instructions listed below:
City Council agendas and staff reports
are available on the City’s
web page: www.LaQuintaCA.gov
AGENDA Page 2 of 10 JUNE 21, 2022
CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING
Written public comments – can be provided in-person during the meeting
or emailed to the City Clerk’s Office at CityClerkMail@LaQuintaCA.gov
preferably by 2:00 p.m. on the day of the meeting, and will be distributed
to the City Council and Housing Authority, 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/Chairperson, a brief summary of any
public comment is asked to be read, to the extent the City Clerk’s Office can
accommodate such request.
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 attend and participate in this meeting by teleconference via Zoom
and use the “raise your hand” feature when public comments are prompted by
the Mayor/Chairperson; the City will facilitate the ability for a member of the
public to be audible to the City Council and Housing Authority and general
public and allow him/her/them to speak on the item(s) requested. Please
note – members of the public must unmute themselves when
prompted upon being recognized by the Mayor/Chairperson, in order
to become audible to the City Council and Housing Authority and the
public.
Only one person at a time may speak by teleconference and only after being
recognized by the Mayor/Chairperson.
ZOOM LINK: https://us06web.zoom.us/j/82540879912
Meeting ID: 825 4087 9912
Or join by phone: (253) 215 – 8782
It would be appreciated that any email communications for public comments
related to the items on the agenda, or for general public comment, are
provided to the City Clerk’s Office at the email address listed above prior to
the commencement of the meeting. If that is not possible, and to
accommodate public comments on items that may be added to the agenda
after its initial posting or items that are on the agenda, every effort will be
made to attempt to review emails received by the City Clerk’s Office during the
course of the meeting. The Mayor/Chairperson will endeavor to take a brief
pause before action is taken on any agenda item to allow the City Clerk to
AGENDA Page 3 of 10 JUNE 21, 2022
CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING
review emails and share any public comments received during the meeting. All
emails received by the City Clerk, at the email address above, until the
adjournment of the meeting, will be included within the public record relating
to the meeting.
******************************
CALL TO ORDER – CITY COUNCIL
ROLL CALL: Councilmembers: Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans
CONFIRMATION OF AGENDA – CITY COUNCIL
CALL TO ORDER – HOUSING AUTHORITY
ROLL CALL:
Authority Members: Evans, Fitzpatrick, Radi, Peña, and Chairperson Sanchez
VERBAL ANNOUNCEMENT – AB 23 [AUTHORITY SECRETARY]
CONFIRMATION OF AGENDA – HOUSING AUTHORITY
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA -CITY COUNCIL
AND HOUSING AUTHORITY
At this time, members of the public may address the City Council on any
matter not listed on the agenda 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://us06web.zoom.us/j/82540879912 and use the
“raise your hand” feature when prompted by the Mayor. Members of the public
attending the meeting in-person are requested to complete a “Request to
Speak” form and submit it to the City Clerk. Please limit your comments to
three (3) minutes (or approximately 350 words). The City Council values your
comments; however, in accordance with State law, no action shall be taken
on any item not appearing on the agenda unless it is an emergency item
authorized by the Brown Act [Government Code § 54954.2(b)].
CLOSED SESSION – CITY COUNCIL AND HOUSING AUTHORITY
1. City Council: CONFERENCE WITH LEGAL COUNSEL — EXISTING
LITIGATION – PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF
SECTION 54956.9 OF THE GOVERNMENT CODE.
AGENDA Page 4 of 10 JUNE 21, 2022
CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING
NAME OF CASE: CITY OF LA QUINTA, PETITIONER, V. LA QUINTA ARTS
FOUNDATION, RESPONDENT, USPTO TRADEMARK TRIAL AND APPEAL
BD., CANCELLATION CASE NO.: 92076446.
NAME OF CASE: LA QUINTA ARTS FOUNDATION, PLAINTIFF, V. CITY OF
LA QUINTA, DEFENDANT, US DIST. COURT, CENTRAL DISTRICT OF
CAL., CASE NO. 5:21-CV-515
2. City Council: CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6; CITY DESIGNATED
REPRESENTATIVE: CHRIS ESCOBEDO, COMMUNITY RESOURCES
DIRECTOR; AND EMPLOYEE ORGANIZATION: LA QUINTA CITY
EMPLOYEES’ ASSOCIATION
3. Housing Authority: CONFERENCE WITH REAL PROPERTY NEGOTIATORS
PURSUANT TO GOVERNMENT CODE SECTION 54956.8 FOR VACANT
PROPERTY LOCATED AT THE SOUTHEAST SECTION OF AVENIDA VILLA
AND CALLE SONORA (APN: 773-233-019)
HOUSING AUTHORITY NEGOTIATOR: JON MCMILLEN, EXECUTIVE
DIRECTOR
NEGOTIATING PARTY: LUCAS CORONEL
UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT
RECESS TO CLOSED SESSION
RECONVENE AT 4:00 P.M.
REPORT ON ACTIONS(S) TAKEN IN CLOSED SESSION – CITY COUNCIL
AND HOUSING AUTHORITY
PLEDGE OF ALLEGIANCE
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – CITY COUNCIL
AND HOUSING AUTHORITY
At this time, members of the public may address the City Council and Housing
Authority 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://us06web.zoom.us/j/82540879912 and
use the “raise your hand” feature when prompted by the Mayor/Chairperson.
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 and Housing Authority value your comments; however, in
accordance with State law, no action shall be taken on any item not appearing
AGENDA Page 5 of 10 JUNE 21, 2022
CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING
on the agenda unless it is an emergency item authorized by the Brown Act
[Government Code § 54954.2(b)].
ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS
– CITY COUNCIL
1. LIFESTREAM BLOOD BANK PRESENTATION BY DIRECTOR OF DONOR
RECRUITMENT MICHAEL McDANIEL – 10TH ANNUAL 9-CITIES BLOOD
DRIVE CHALLENGE 2022
2. TALUS – PROJECT STATUS UPDATE
3. INTRODUCE NEW CITY STAFF MEMBERS
4. PROCLAMATION RECOGNIZING RIVERSIDE COUNTY FIRE DEPARTMENT
BATTALION CHIEF BONIFACIO DE LA CRUZ FOR HIS PUBLIC SERVICE
CONSENT CALENDAR – CITY COUNCIL AND HOUSING AUTHORITY
NOTE: Consent Calendar items are routine in nature and can be approved by one motion.
PAGE
1. APPROVE MEETING MINUTES OF CITY COUNCIL REGULAR MEETING
HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING DATED
JUNE 7, 2022
11
CONSENT CALENDAR – CITY COUNCIL
NOTE: Consent Calendar items are routine in nature and can be approved by one motion.
PAGE
2. AUTHORIZE OVERNIGHT TRAVEL FOR FOUR COUNCILMEMBERS, CITY
MANAGER, CITY CLERK, AND TWO DIRECTORS TO ATTEND THE
LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE IN LONG
BEACH, CALIFORNIA, SEPTEMBER 7 – 9, 2022
29
3. APPROVE AGREEMENTS FOR CONTRACT SERVICES WITH TKE
ENGINEERING, INC AND ERIC NELSON DBA RASA TO PROVIDE ON-
CALL MAP CHECKING SERVICES
31
4. APPROVE MEMORANDUM OF UNDERSTANDING WITH DESERT SANDS
UNIFIED SCHOOL DISTRICT FOR PARTIAL FUNDING OF TWO SCHOOL
RESOURCE OFFICERS
109
5. APPROVE JOINT USE OF FACILITY AND SERVICES AGREEMENT WITH
THE BOYS AND GIRLS CLUB OF COACHELLA VALLEY
113
AGENDA Page 6 of 10 JUNE 21, 2022
CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING
6. APPROVE AMENDMENT NO. 1 TO MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITIES OF LA QUINTA, INDIO, AND COACHELLA,
EXTENDING THE TERM FOR ONE ADDITIONAL YEAR THROUGH 2022/23
AND APPROPRIATED BUDGET, TO SHARE THE ACQUISITION COST OF
A LADDER TRUCK
127
7. APPROVE AMENDMENT NO. 5 TO GOLF COURSE MANAGEMENT
AGREEMENT WITH LANDMARK GOLF MANAGEMENT, LLC FOR
SILVERROCK GOLF COURSE MANAGEMENT SERVICES
135
8. ADOPT RESOLUTION TO APPROVE AMENDMENT NO. 2 EXTENDING THE
TERMS AND CONDITIONS OF THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF LA QUINTA AND THE LA QUINTA CITY
EMPLOYEES’ ASSOCIATION [RESOLUTION NO. 2022-021]
141
9. ADOPT RESOLUTION TO APPROVE FISCAL YEAR 2022/23 INVESTMENT
POLICY [RESOLUTION NO. 2022-022]
147
10. APPROVE DEMAND REGISTERS DATED JUNE 3 AND 10, 2022 185
11. AUTHORIZE CITY PAYMENT OF OUTSTANDING BALANCE TO
COACHELLA VALLEY WATER DISTRICT FOR SILVERROCK WAY STREET
IMPROVEMENTS PROJECT NO. 2014-13
199
12. APPROVE CITY MANAGER EMPLOYMENT AGREEMENT
201
BUSINESS SESSION – CITY COUNCIL AND HOUSING AUTHORITY
PAGE
213 1.City Council and Housing Authority: INTERVIEW AND APPOINT
RESIDENTS TO SERVE ON THE CITY’S FINANCIAL ADVISORY
AND HOUSING COMMISSIONS
2.City Council: APPROVE THIRD ROUND COMMUNITY SERVICES GRANTS
FOR FISCAL YEAR 2021/22
215
PUBLIC HEARINGS – CITY COUNCIL – at 5:00 p.m. or thereafter
For all Public Hearings on the agenda, a completed “Request to Speak” form
must be filed with the City Clerk prior to consideration of that item.
A person may submit written comments to City Council before a public hearing
or appear in support or opposition to the approval of a project(s). If you
challenge a project(s) in court, you may be limited to raising only those issues
AGENDA Page 7 of 10 JUNE 21, 2022
CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING
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 CONFIRM THE ASSESSMENT AND DISTRICT
DIAGRAM FOR THE 2022/23 LANDSCAPE AND LIGHTING ASSESSMENT
DISTRICT 89-1 [RESOLUTION NO. 2022-023]
223
2.
ADOPT RESOLUTION TO APPROVE FISCAL YEAR 2022/23 THROUGH
2026/27 CAPITAL IMPROVEMENT PROGRAM [RESOLUTION NO. 2022-024]
251
3.
ADOPT RESOLUTION TO APPROVE STREET NAME CHANGES OF (1)
SILVERROCK WAY TO TALUS WAY AND (2) AHMANSON LANE TO
PAINTED PEAK LANE; CEQA: DESIGN AND DEVELOPMENT
DEPARTMENT HAS DETERMINED THE PROJECT IS EXEMPT FROM CEQA
UNDER THE PROVISIONS OF SECTION 15061(b)(3) COMMON SENSE
RULE; LOCATION: SILVERROCK WAY (PROJECT: SNC 2022-0002)
263
BUSINESS SESSION – CITY COUNCIL AND HOUSING AUTHORITY –
Continued
PAGE
3. City Council: APPROVE FISCAL YEAR 2022/23 MARKETING STRATEGIES
AND AGREEMENT FOR CONTRACT SERVICES FOR MARKETING WITH
MADDEN MEDIA
277
4.
City Council: APPROVE MEMORANDUM OF UNDERSTANDING WITH
GREATER COACHELLA VALLEY CHAMBER OF COMMERCE
325
5.
City Council: APPROVE SILVERROCK RESORT 2022/23 ANNUAL PLAN
335
6.
City Council: ADOPT RESOLUTION TO APPROVE FISCAL YEAR 2022/23
BUDGET AND ESTABLISH THE CITY’S APPROPRIATION LIMIT
[RESOLUTION NO. 2022-025]
363
7.
Housing Authority: ADOPT RESOLUTION TO APPROVE FISCAL YEAR
2022/23 LA QUINTA HOUSING AUTHORITY BUDGET
[RESOLUTION NO. HA 2022-003]
385
8.
City Council: RECEIVE AND FILE FISCAL YEAR 2021/22 BUDGET
UPDATE REPORT AND APPROVE THE RECOMMENDED BUDGET
ADJUSTMENTS
399
9.
City Council: AFFIRM RESOLUTION NO. 2021-035 FINDINGS RELATED
TO THE STATE OF EMERGENCY DUE TO COVID-19 AUTHORIZING THE
CITY MANAGER TO IMPLEMENT TELECONFERENCE ACCESSIBILITY TO
409
AGENDA Page 8 of 10 JUNE 21, 2022
CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING
CONDUCT PUBLIC MEETINGS WHEN NECESSARY PURSUANT TO
ASSEMBLY BILL 361 (STATS. 2021, CH. 165)
ADJOURNMENT – HOUSING AUTHORITY
STUDY SESSION – CITY COUNCIL
PAGE
1. DISCUSS LA QUINTA CULTURAL CAMPUS MASTER PLANNING AND
PRELIMINARY DESIGN DEVELOPMENT PROGRESS PROJECT NO. 2019-01
415
DEPARTMENTAL REPORTS – CITY COUNCIL
1. CITY MANAGER
2. CITY ATTORNEY
3. CITY CLERK
4. COMMUNITY RESOURCES
5. DESIGN AND DEVELOPMENT – UPDATE ON CITYWIDE HISTORIC
RESOURCES SURVEY
419
6. FINANCE
7. PUBLIC WORKS
MAYOR’S AND COUNCIL MEMBERS’ ITEMS
REPORTS AND INFORMATIONAL ITEMS – CITY COUNCIL
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. IMPERIAL IRRIGATION DISTRICT – COACHELLA VALLEY ENERGY COMMISSION
(Evans)
6. LEAGUE OF CALIFORNIA CITIES DELEGATE (Evans)
7. COACHELLA VALLEY WATER DISTRICT JOINT POLICY COMMITTEE (Evans)
8. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (Evans)
9. ECONOMIC DEVELOPMENT SUBCOMMITTEE (Evans & Fitzpatrick)
10. COACHELLA VALLEY MOUNTAINS CONSERVANCY (Fitzpatrick)
11. DESERT RECREATION DISTRICT COMMITTEE (Fitzpatrick & Radi)
12. COACHELLA VALLEY UNIFIED SCHOOL DISTRICT COMMITTEE (Fitzpatrick & Peña)
13. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (Fitzpatrick)
14. SILVERROCK EVENT SITE AD HOC COMMITTEE (Fitzpatrick)
15. CANNABIS AD HOC COMMITTEE (Peña and Sanchez)
16. CVAG PUBLIC SAFETY COMMITTEE (Peña)
17. CVAG VALLEY-WIDE HOMELESSNESS COMMITTEE (Peña)
18. LEAGUE OF CALIFORNIA CITIES – PUBLIC SAFETY POLICY COMMITTEE (Peña)
AGENDA Page 9 of 10 JUNE 21, 2022
CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING
19. IMPERIAL IRRIGATION DISTRICT – ENERGY CONSUMERS ADVISORY
COMMITTEE (Peña)
20. COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT (Peña)
21. COVID-19 SMALL BUSINESS EMERGENCY ECONOMIC RELIEF PROGRAM AD
HOC COMMITTEE (Peña and Radi)
22. CVAG TRANSPORTATION COMMITTEE (Radi)
23. SUNLINE TRANSIT AGENCY (Radi)
24. CITYWIDE SECURITY CAMERAS AD HOC COMMITTEE (Radi)
25. DESERT SANDS UNIFIED SCHOOL DISTRICT COMMITTEE (Radi & Sanchez)
26. ANIMAL CAMPUS COMMISSION (Sanchez)
27. GREATER CV CHAMBER OF COMMERCE INFORMATION EXCHANGE COMMITTEE
(Sanchez)
28. LEAGUE OF CALIFORNIA CITIES – TRANSPORTATION, COMMUNICATION AND
PUBLIC WORKS POLICY COMMITTEE (Sanchez)
29. RIVERSIDE LOCAL AGENCY FORMATION COMMISSION (Sanchez)
31. HOUSING COMMISSION MEETING MINUTES DATED APRIL 20, 2022 433
ADJOURNMENT – CITY COUNCIL
*********************************
The regular City Council meeting of July 5, 2022, has been cancelled.
The next regular meeting of the City Council will be held on July 19, 2022, 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 regular meeting held
jointly with the Housing Authority special 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
17, 2022.
DATED: June 17, 2022
MONIKA RADEVA, City Clerk
City of La Quinta, California
AGENDA Page 10 of 10 JUNE 21, 2022
CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING
Public Notices
The La Quinta City Council/Housing Authority Chamber is handicapped accessible.
If special equipment is needed for the hearing impaired, please call the City Clerk’s
office at (760) 777-7123, 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) 777-7123. A one (1) week notice is required.
If background material is to be presented to the Councilmembers/Authority
Members during the 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/Housing
Authority 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.
MINUTES Page 1 of 18 JUNE 7, 2022
CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING
CITY COUNCIL AND
HOUSING AUTHORITY
MINUTES
TUESDAY, JUNE 7, 2022
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-60-20 and N-08-21 executed by the Governor of California, and
subsequently Assembly Bill 361 (AB 361, 2021), enacted 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, Acting Deputy City Clerk McGinley, Director of Business Unit and
Housing Development Villalpando, Community Resources Director Escobedo,
Finance Director Martinez, Financial Services Analyst Hallick, Public Works
Director/City Engineer McKinney, Design and Development Director Castro,
Planning Manager Flores, Senior Planner Flores, Permit Technician Lorett.
CONFIRMATION OF AGENDA
Councilmember Peña said he will recuse himself and will abstain from
discussion and vote on Consent Calendar Item No. 18 due to a potential
conflict of interest stemming from the proximity of his real property interest
to the project location, and asked for this item to be pulled for a separate
vote. Council concurred.
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None
CLOSED SESSION – CITY COUNCIL
1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED
LITIGATION; SIGNIFICANT EXPOSURE TO LITIGATION
CONSENT CALENDAR ITEM NO. 1
11
MINUTES Page 2 of 18 JUNE 7, 2022
CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING
PURSUANT TO PARAGRAPH (2) OR (3) OF SUBDIVISION (d) OF
GOVERNMENT CODE SECTION 54956.9
(NUMBER OF POTENTIAL CASES: 1)
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, COMMUNITY RESOURCES
DIRECTOR; AND EMPLOYEE ORGANIZATION: LA QUINTA CITY
EMPLOYEES’ ASSOCIATION
4. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6; CITY DESIGNATED
REPRESENTATIVE: BILL IHRKE, CITY ATTORNEY; AND
UNREPRESENTED EMPLOYEE: CITY MANAGER
CALL TO ORDER – HOUSING AUTHORITY SPECIAL MEETING HELD
JOINTLY WITH THE CITY COUNCIL REGULAR MEETING
A special meeting of the La Quinta Housing Authority was called to order at
3:03 p.m. by Chairperson Sanchez.
ROLL CALL:
Authority Members: Evans, Fitzpatrick, Radi, Peña, and Chairperson Sanchez
VERBAL ANNOUNCEMENT – AB 23 [AUTHORITY SECRETARY]
CONFIRMATION OF AGENDA – HOUSING AUTHORITY – Confirmed
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – HOUSING
AUTHORITY – None
CHAIRPERSON SANCHEZ ASKED MAYOR EVANS TO ACT AS PRESIDING
OFFICER FOR THE HOUSING AUTHORITY FOR THE REMAINDER OF THE
SPECIAL MEETING
COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING
AND MOVED INTO CLOSED SESSION AT 3:05 P.M.
12
MINUTES Page 3 of 18 JUNE 7, 2022
CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING
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:
City Attorney Ihrke reported no actions were taken on Closed Session Item
Nos. 1, 2, and 3 that require reporting pursuant to Government Code section
54957.1 (Brown Act); and Council will recess back to Closed Session to
continue consideration of Closed Session Item No. 4 after the open portion of
the regular City Council meeting.
PLEDGE OF ALLEGIANCE
Mayor Pro Tem Fitzpatrick led the audience in the Pledge of Allegiance.
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – CITY COUNCIL
AND HOUSING AUTHORITY
PUBLIC SPEAKER IN-PERSON: James Tufo, La Quinta – President of the Parc
La Quinta homeowners’ association spoke in opposition of the proposed
housing developments at Washington Street and Avenue 50.
ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS –
CITY COUNCIL AND HOUSING AUTHORITY – None
CONSENT CALENDAR – CITY COUNCIL
COUNCILMEMBER PEÑA RECUSED HIMSELF FROM DISCUSSION AND
VOTE ON CONSENT CALENDAR ITEM NO. 18 DUE TO A POTENTIAL
CONFLICT OF INTEREST STEMMING FROM THE PROXIMITY OF HIS REAL
PROPERTY INTEREST TO THE PROJECT LOCATION AND ASKED FOR
THIS ITEM TO BE PULLED FOR A SEPARATE VOTE
1. APPROVE REGULAR MEETING MINUTES OF MAY 3, 2022
2. APPROVE SPECIAL MEETING MINUTES OF MAY 9, 2022
3. APPROVE REGULAR MEETING MINUTES OF MAY 17, 2022
4. EXCUSE ABSENCES OF CHAIRPERSON NIETO AND
COMMISSIONER CALDWELL FROM THE MAY 24 AND JUNE 14,
2022, PLANNING COMMISSION MEETINGS, RESPECTIVELY
5. AFFIRM RESOLUTION NO. 2021-035 FINDINGS RELATED TO THE
STATE OF EMERGENCY DUE TO COVID-19 AUTHORIZING THE
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CITY MANAGER TO CONTINUE TO IMPLEMENT TELECONFERENCE
ACCESSIBILITY TO CONDUCT PUBLIC MEETINGS PURSUANT TO
ASSEMBLY BILL 361 (STATS. 2021, CH. 165)
6. APPROVE CHANGE ORDER NO. 3 TO CONTRACT WITH CREATIVE
LIGHTING INC. FOR LANDSCAPE AND LIGHTING ASSESSMENT
DISTRICT 89-1 CITYWIDE LIGHTING MAINTENANCE SERVICES
PROJECT NO. 2018-31 FOR A ONE-YEAR TERM EXTENSION AND
RELATED COMPENSATION
7. APPROVE CHANGE ORDER NO. 5 TO CONTRACT WITH
PWLC II, INC. FOR CITYWIDE LANDSCAPE MAINTENANCE
SERVICES PROJECT NO. 2018-30 FOR A ONE-YEAR TERM
EXTENSION AND RELATED COMPENSATION
8. ADOPT RESOLUTIONS TO 1) APPROVE PRELIMINARY 2022/23
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. 2022-014 AND 2022-015]
9. ADOPT RESOLUTION TO REQUEST COUNTY OF RIVERSIDE PLACE
COLLECTION COSTS FOR SOLID WASTE HANDLING SERVICES AT
SINGLE-FAMILY DWELLINGS ON TAX ROLLS
[RESOLUTION NO. 2022-016]
10. AUTHORIZE OVERNIGHT TRAVEL FOR TRAFFIC SIGNAL
TECHNICIAN TO ATTEND THE INTERNATIONAL MUNICIPAL
SIGNAL ASSOCIATION TRAINING IN ONTARIO, CALIFORNIA
FROM JUNE 27-30, 2022
11. APPROPRIATE FUNDING IN FISCAL YEAR 2021/22 TO UPFIT 10
CITY OWNED VEHICLES
12. APPROVE AMENDMENT NO. 2 TO AGREEMENT FOR CONTRACT
SERVICES WITH GOVOS, INC. (FORMER MUNIREVS, INC., DBA
LODGINGREVS) FOR SHORT-TERM VACATION RENTAL PROGRAM
SERVICES, TO INCREASE COMPENSATION FOR FISCAL YEAR
2021/22, AND TO EXTEND THE TERM THROUGH FISCAL YEAR
2023/24
13. APPROVE AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT
SERVICES WITH PALMS TO PINES PRINTING, FOR
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PROMOTIONAL AND PRINTING SERVICES, TO INCREASE
COMPENSATION AND TO EXTEND THE TERM THROUGH FISCAL
YEAR 2022/23
14. RECEIVE AND FILE THIRD QUARTER FISCAL YEAR 2021/22
TREASURY REPORTS FOR JANUARY, FEBRUARY, MARCH 2022
15. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED
MARCH 31, 2022
16. APPROVE DEMAND REGISTERS DATED MAY 13, 20, & 27, 2022
17. ACCEPT WASHINGTON AND FRED WARING TRIPLE LEFT
PROJECT NO. 2017-01, LOCATED AT THE WASHINGTON STREET
AND FRED WARING DRIVE INTERSECTION
18. APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE,
AND ADVERTISE FOR BID THE CITYWIDE SLURRY SEAL
IMPROVEMENTS PROJECT NO. 2021-08 LOCATED IN VARIOUS
LOCATIONS
19. APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE,
AND ADVERTISE FOR BID THE SILVERROCK PARK VENUE WIFI
AND CAMERA BACKBONE PROJECT
MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/
Radi to approve Consent Calendar Item Nos. 1-17 and 19, as recommended,
with Item No. 5 reaffirming Resolution No. 2021-035, Item No. 8 adopting
Resolution Nos. 2022-014 and 2022-015, and Item No. 9 adopting Resolution
No. 2022-016. Motion passed unanimously.
MOTION – A motion was made and seconded by Councilmembers Sanchez/
Radi to approve Consent Calendar Item No. 18 as recommended. Motion
passed: ayes – 4, noes – 0, abstain – 1 (Peña), absent – 0.
CONSENT CALENDAR – HOUSING AUTHORITY
20. APPROVE HOUSING AUTHORITY SPECIAL MEETING MINUTES OF
MAY 3, 2022
MOTION – A motion was made and seconded by Authority Members Peña/Radi
to approve the Consent Calendar as recommended. Motion passed
unanimously.
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BUSINESS SESSION
1. ADOPT RESOLUTION ACCEPTING THE CERTIFICATION OF THE
RIVERSIDE COUNTY REGISTRAR OF VOTERS AS TO SUFFICIENCY
OF THE INITIATIVE PETITION ENTITLED “PHASE-OUT AND
PERMANENT BAN OF NON-HOSTED SHORT-TERM VACATION
RENTALS (STVRs) IN NON-EXEMPT AREAS OF THE CITY OF LA
QUINTA,” BY DECEMBER 31, 2024 [RESOLUTION NOS. 2022-017]
City Clerk Radeva presented the staff report, which is on file at the Clerk’s
Office.
The PUBLIC SPEAKERS listed below in the order in which they spoke, provided
comments, in-person and via teleconference (Zoom), as follows:
Kimberly Estrada, La Quinta (Zoom) – school principal – importance of
STVR revenue in funding public safety for schools.
George M. Yin, Kaufman Legal Group (Zoom) – specializes in election
law - defects with the initiative petition to phase-out STVR.
Mayor Evans asked City Attorney Ihrke to respond to Mr. Yin’s comments. Mr.
Ihrke said that his office has reviewed letters on this matter received from
legal counsel for VRON-LQ and petition proponents, Neighbors for
Neighborhoods; that none of the cases cited by VRON-LQ are squarely on
point in this matter; that Council has only three options per election Code
Section 9215 now that the Riverside County Registrar of Voters (ROV) has
verified the sufficiency of the petition signatures; and that the City Attorney’s
Office recommends that Council proceed with certification of the petition.
Eddy Estrada, La Quinta (in-person) – STVR owner - supports STVRs.
Steven Niederhauser, La Quinta (in-person) – supports STVRs.
Ruby Rodriguez, La Quinta – was called, but was not present and did
not provide comments.
Donald Scott, La Quinta (in-person) – cleaning service owner – supports
STVRs.
Alondra Palomino (Zoom) – Minut Noise Monitoring employee - supports
STVRs.
Sarah Gelberd, La Quinta (Zoom) – STVR owner – supports STVRs.
Don Shoffstall, La Quinta (in-person) [used additional speaker time
donated by 3 residents – Matt Nelson, Marty Butler, and Barbara
Lambert] – representative of Neighbors for Neighborhoods (N4N) and a
proponent of the initiative – spoke about issues associated with STVRs
and in support of placing the initiative on the ballot.
Paul Spitzer, La Quinta (in-person) –opposes STVRs.
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Lynne Daniels, La Quinta (in-person) – owner of Dupont estate -
supports STVRs.
David Dinnel, Los Angeles/La Quinta (in-person) – STVR owner -
supports STVRs.
Kathleen Dwyer, La Quinta (in-person) – supports STVRs due to revenue
it brings to City.
Dean Graves, La Quinta (in-person) – opposes STVRs and supports
placing the initiative on the ballot.
Nilda Lopez (in-person) [comments were provided in Spanish and
translated by Senior Planner Carlos Flores] - cleaning service owner –
supports STVRs due to the work it provides to her and her co-workers.
Roger Monroy, La Quinta (in-person) – STVR owner – supports STVRs.
James Lambert, La Quinta (in-person) [used additional speaker time
donated by resident Carol Nolte] – opposes STVRs.
Carine Topal, La Quinta (in-person) – STVR owner – supports STVRs.
Anna Duitruk, La Quinta (in-person) – VRON-LQ founder - supports
STVRs.
Steve Owens, La Quinta (in-person) – STVR owner – supports STVRs.
Kay Wolff, La Quinta - (in-person) – [used additional speaker time
donated by Jan Storbo] - opposes STVRs.
Joe Lutz, La Quinta (in-person) – opposes STVRs.
Carrie Breeswine, La Quinta (in-person) – opposes STVRs.
Richard Gray, La Quinta (in-person) – opposes STVRs.
Jeff Smith, La Quinta (in-person) – opposes STVRs and supports putting
the initiative on the ballot.
Katie Barrows, La Quinta (in-person) – supports putting the initiative on
the ballot.
Amanda Ryan, La Quinta (in-person) – supports putting the initiative on
the ballot.
Glenn Chapman, La Quinta (in-person) – supports STVRs if well
regulated; and supports putting the initiative on the ballot.
Edward Armendarez, La Quinta (in-person) – opposes STVRs.
Stephen Libbe, Palm Desert (in-person) – born in LQ, not a current
resident – CEO of several service businesses – supports well-regulated
STVRs.
Stephanie Nevels-Yanchar, Renton, WA/La Quinta (in-person) – STVR
owner - supports STVRs.
Victor Barbosa, La Quinta (Zoom) – restaurant owner - supports STVRs.
Robert Gravina, La Quinta (Zoom) – STVR owner - supports STVRs.
Ellen Lindberg, La Quinta (Zoom) – supports STVRs.
Melanie Sprague, La Quinta (Zoom) – opposes banning STVRs due to
City revenue loss.
Tom Kendrick, La Quinta (Zoom) – supports STVRs.
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The following WRITTEN PUBLIC COMMENTS, listed in alphabetical order, were
received, distributed to Council, made available on the City’s website, and
included in the record of this meeting:
James Alderson – comments on STVRs
Anonymous – supports STVRs
Edward Armendarez – supports the initiative
Boyd Beghtol – opposes STVRs
Evette Bruesehoff – supports STVRs
Nancy Chiles – supports the initiative
Noreen and Joe Diodatin – support the initiative
Sarah Gelberd – opposes the initiative
Dean and Cathy Graves – support the initiative
Jeff and Nini Hillebrand – support the initiative
Alfredo Izmajtovich – support the initiative
Kaufman Legal Group – Attorney George M. Yin – defects with the
initiative petition
Jim and Barbara Lambert – support the initiative and oppose STVRs
[these comments are also applicable to Business Session Item Nos. 2 and
3 below]
Minut Noise Monitoring – Alondra Palomino – supports STVRs
Lisa Moller – supports the initiative
Marde Olson – supports the initiative
Marde and Mark Olson – support the initiative
David Alan Park – supports the initiative
Carolsue Peyton – supports the initiative
Jennifer Porter – opposes the initiative and supports STVRs
Terry Pracht – supports the initiative
Marv and Stefanie Segal – oppose STVRs
Mario Sewell – supports the initiative [these comments are also applicable
to Business Session Item Nos. 2 and 3 below]
Carine Topal – support STVRs
Visit Greater Palm Springs – support STVRs
Council expressed its support for placing the initiative on the ballot in
accordance with the California Election Code.
MOTION – A motion was made and seconded by Councilmembers Radi/
Fitzpatrick to adopt Resolution No. 2020-017 accepting the certification of the
Riverside County Registrar of Voters as to the sufficiency of the initiative
petition entitled “Phase-Out and Permanent Ban of Non-Hosted Short-Term
Vacation Rentals in Non-Exempt Areas in the City of La Quinta,” by December
31, 2024:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, ACCEPTING THE CERTIFICATION OF THE RIVERSIDE
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COUNTY REGISTRAR OF VOTERS AS TO THE SUFFICIENCY O THE
INITIATIVE PETITION ENTITLED “PHASE-OUT AND PERMANENT BAN OF
NON-HOSTED SHORT-TERM VACATION RENTALS IN NON-EXEMPT
AREAS OF THE CITY OF LA QUINTA,” BY DECEMBER 31, 2024
Motion passed unanimously.
MAYOR EVANS CALLED FOR A BRIEF RECESS AT 6:28 P.M.
MAYOR EVANS RECONVENED THE REGULAR COUNCIL MEETING AND
SPECIAL HOUSING AUTHORITY MEETING HELD JOINTLY AT 6:48 P.M.
WITH ALL MEMBERS PRESENT
2. RECEIVE AND FILE REPORT, PREPARED PURSUANT TO
CALIFORNIA ELECTIONS CODE SECTION 9212, ASSESSING THE
FISCAL, ECONOMIC, AND RELATED IMPACTS OF THE INITIATIVE
MEASURE ENTITLED “PHASE-OUT AND PERMANENT BAN OF
NON-HOSTED SHORT-TERM VACATION RENTALS IN NON-
EXEMPT AREAS OF THE CITY OF LA QUINTA,” BY DECEMBER 31,
2024
City Manager McMillen and City Consultant Jon Hockenyos, President and CEO
with TXP Economics presented the staff report, which is on file in the Clerk’s
Office.
Council discussed the possibility of property owners and renters using
anonymous, untraceable block-chain technology driving STVRs underground;
factoring into the report the cost of enforcing a STVR ban; illegal operators,
post-ban, are not factored into the report; no available data on revenue
changes or house prices from other cities that have banned STVRs; golf
revenue is included in the entertainment figures; examining enforcement
costs prior to adopting the STVR ordinance; calculating the direct impact to
the City’s budget over the next 10 years or more; reminder that Measure G
was passed knowing that 65% would be paid by visitors - residents passed it
knowing that they wouldn’t have to carry the entire burden; transient
occupancy tax rates in other cities; STVRs success in the Cove due to the
home renovations made by STVR owners; the effect of inflation on City
revenue; spending by vacationers versus residents; Greater Palm Springs
Visitors’ Bureau study findings that 1 in 5 residents is in a hospitality-related
job, and the average annual increase in taxes to residents would be $4,000 if
not for the local hospitality industry; affordability of former STVR homes to
low- and mid-income buyers/renters if ban is enacted; creating a map of
current and planned low-income housing properties in the City for resident
educational purposes; current average home prices in the City, and current
average home prices in the Cove; the effect the ban would have on housing
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inventory; fluctuations in school enrollment and birth rates; the current freeze
on new permits continues the revenue flow while gradually decreasing the
number of STVRs as new STVRs in permitted areas are developed – financial
analysis of this versus a complete ban on January 1, 2025 is needed; need for
10-year revenue projections should the ban pass, and corresponding list of
projects/services affected; collecting spending pattern data to determine the
home zip codes of restaurant goers; permitted STVR areas, exempt from the
ban, under development now or planned, will take many years to be built out,
replenish the inventory and revenue; and the need to protect all sources of
revenue.
Council directed staff to report back on:
Budget revenue projections, and prioritizing expenditures
Transition plans
Housing inventory
Property tax implementations
Case studies of STVRs going underground
Changes in STVR enforcement
Block-chain technology – crypto currency and contract execution
MOTION – A motion was made and seconded by Councilmembers Peña/
Fitzpatrick to receive and file report, prepared pursuant to California Elections
Code section 9212, assessing the fiscal, economic, and related impacts of the
initiative measure entitled “Phase-Out and Permanent Ban of Non-Hosted
Short-Term Vacation Rentals in Non-Exempt Areas of the City of La Quinta,”
by December 31, 2024. Motion passed unanimously.
3. ADOPT RESOLUTIONS:
(A) ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS
OF THE CITY AN INITIATIVE ORDINANCE AND BALLOT
MEASURE PROPOSING THE “PHASE-OUT AND PERMANENT
BAN OF NON-HOSTED SHORT-TERM VACATION RENTALS IN
NON-EXEMPT AREAS OF THE CITY OF LA QUINTA,” BY
DECEMBER 31, 2024, AT THE GENERAL MUNICIPAL ELECTION
TO BE HELD ON NOVEMBER 8, 2022 [RESOLUTION NO. 2022-018]
(B) SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS
AND PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS
REGARDING THE INITIATIVE ORDINANCE AND BALLOT
MEASURE; AND DIRECTING THE CITY ATTORNEY TO PREPARE
AN IMPARTIAL ANALYSIS OF THE SAME
[RESOLUTION NO. 2022-019]
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(C) REQUESTING RIVERSIDE COUNTY TO CONSOLIDATE THE
ELECTION FOR THE INITIATIVE ORDINANCE AND BALLOT
MEASURE WITH THE GENERAL MUNICIPAL ELECTION AND
STATEWIDE GENERAL ELECTION, TO BE HELD ON NOVEMBER
8, 2022 [RESOLUTION NO. 2022-020]
City Clerk Radeva and City Attorney Ihrke presented the staff report, which is
on file in the Clerk’s Office.
Council discussed deciding at a subsequent meeting if it wished to take a
collective position on the initiative, and if so, who would draft an argument in-
favor/opposed and any rebuttal; and the need for the additional data
requested from staff before the Council takes a position.
MOTION – A motion was made and seconded by Councilmembers Peña/Radi to:
(A) Adopt Resolution No. 2022-018:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED
ELECTORS OF THE CITY OF LA QUINA AN INITIATIVE ORDINANCE
AND BALLOT MEASURE PROPOSING THE “PHASE-OUT AND
PERMANENT BAN OF NON-HOSTED SHORT-TERM VACATION
RENTALS IN NON-EXEMPT AREAS OF THE CITY OF LA QUINTA” AT
THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 8, 2022, AS CALLED BY RESOLUTION NO. 2022-009
(B) Adopt Resolution No. 2022-019
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN
ARGUMENTS AND PROVIDING FOR THE FILING OF REBUTTAL
ARGUMENTS REGARDING AN INITIATIVE ORDINANCE AND BALLOT
MEASURE, PROPOSING THE “PHASE-OUT AND PERMANENT BAN OF
NON-HOSTED SHORT-TERM VACATION RENTALS IN NON-EXEMPT
AREAS IN THE CITY OF LA QUINTA,” AT THE GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, AND
DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL
ANALYSIS
(C) Adopt Resolution No. 2022-020
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, REQUESTING THAT THE BOARD OF SUPERVISOR OF
THE COUNTY OF RIVERSIDE, CALIFORNIA, CONSOLIDATE WITH THE
GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 8, 2022, AND THE STATEWIDE GENERAL ELECTION TO
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BE HELD ON THAT DATE, AN INITIATIVE ORDINANCE AND BALLOT
MEASURE TO BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE
CITY OF LA QUINTA PROPOSING THE “PHASE-OUT AND PERMANENT
BAN ON NON-HOSTED SHORT-TERM VACATION RENTALS IN NON-
EXEMPT AREAS IN THE CITY OF LA QUINTA,” BY DECEMBER 31, 2024
Motion passed unanimously.
STUDY SESSION – CITY COUNCIL AND HOUSING AUTHORITY
1. DISCUSS FISCAL YEAR 2022/23 PRELIMINARY PROPOSED
BUDGET
Finance Director Martinez presented the staff report, which is on file in the
City Clerk’s Office.
Council discussed the deficit in the Lighting and Landscape Fund; need to
protect all sources of revenue; developer reimbursement schedule; and
gratitude to staff for a clear and thorough report.
2. DISCUSS FISCAL YEAR 2022/23 PROPOSED HOUSING
AUTHORITY BUDGET
Finance Director Martinez presented the staff report, which is on file in the
City Clerk’s Office.
Council discussed the Redevelopment Agency (RDA) Loan Repayment; and
Fund 243 RDA Low-Mod Housing budget.
ADJOURNMENT – HOUSING AUTHORITY
There being no further business, a motion was made and seconded by
Authority Members Radi/Fitzpatrick to adjourn the Housing Authority special
meeting at 8:10 p.m. Motion passed unanimously.
PUBLIC HEARINGS – CITY COUNCIL
1. ADOPT RESOLUTIONS TO CERTIFY ENVIRONMENTAL
ASSESSMENT 2019-0010 AND APPROVE SPECIFIC PLAN 2019-
0003 (AMENDMENT V TO ANDALUSIA SPECIFIC PLAN), GENERAL
PLAN AMENDMENT 2019-0002, ZONE CHANGE 2019-0004,
SPECIFIC PLAN 2020-0002, AND TENTATIVE TRACT MAP 2019-
0005; INTRODUCE FOR FIRST READING ORDINANCES
APPROVING ZONE CHANGE 2019-0004 AND DEVELOPMENT
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AGREEMENT 2021-0002; CEQA: CORAL MOUNTAIN RESORT
ENVIRONMENTAL IMPACT REPORT (SCH #2021020310);
LOCATION: SOUTH OF AVENUE 58, NORTH OF AVENUE 60 AND
EAST AND WEST OF MADISON STREET
[RESOLUTION NOS. 2022-021 AND 2022-022; ORDINANCE NOS. 600 AND 601]
Consulting Planner Criste and Planning Manager Flores presented the staff
report, which is on file at the Clerk’s Office.
Consultant Rosalyn Prickett, Senior Water Resources Planner with civil
engineering firm Woodward and Curran provided additional information on
water supply assessments (WSA).
Council discussed greenhouse gas emissions and the visual impact of
encompassing walls would exist for any type of development; the impacts of
greenhouse gas emissions, visible walls, and construction noise is equal to or
less than that of the formally approved residential/golf course plan being
amended; this project may require more grading than the original
residential/golf course project; traffic impact for this project will be less than
the original residential/golf course plan; for historical water demand purposes,
the area will be designated as vacant land; the number of intersections to be
included in the traffic study; the regional impact of traffic, specifically on
Interstate 10; lighting containment on-site; lighting impact study included the
80’ poles, the resort/commercial, and the residences; the lighting impact from
the 80’ poles could be mitigated by reducing the hours they are lit; the timeline
for full build out; Andalusia started developing about 20 years ago, and is not
yet fully built out; market demand for golf course community housing; reliance
on Coachella Valley Water District (CVWD) experts to review the WSA for
accuracy and sufficiency; CVWD experts based their approval on the previous
Urban Water Management Plan, not the most currently adopted Plan (Plans
are updated every five years); the source of water proposed, and the means
of water discharge; comparison of nearby bodies of water – Lake Cahuilla 133
acres, and combined Trilogy, Quarry, Andalusia 55 acres (for aesthetics and
backup irrigation), versus the pool and two lakes of this project 27.6 acres;
the need for expert forecasting of long-term weather patterns in order to
evaluate water usage; CVWD’s long-range Plan incorporates all available
water sources as well as conservation; and possibility of requesting an
updated WSA based on the current severe drought conditions.
MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 9:18 P.M.
PUBLIC SPEAKER: John Gamlin, President, CM Wave Development – provided
a detailed presentation of the project.
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Council discussed incorporating shade structures and trees; use of soft surface
materials for walkways and paths as much as possible; the public trail along
the base of Coral Mountain and its connection to other existing and planned
trails; and public access by reservation to the hotel and dining.
MAYOR EVANS CALLED FOR A BRIEF RECESS AT 9:48 P.M.
MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 10:03 P.M.
WITH ALL MEMBERS PRESENT
The PUBLIC SPEAKERS listed below in the order in which they spoke, provided
comments, in-person and via teleconference (Zoom), as follows:
Penny Boehm, La Quinta (in-person) – supports the project on behalf of
herself, her husband and two adult children
Tracy Bartlett, La Quinta (in-person) – a UC Palm Desert certified
California Naturalist and California Climate Steward; presented a Power
Point regarding historic temperature change; opposes the project
Katie Barrows, La Quinta – opposes the project
La Quinta Residents for Responsible Development (LQRRD) – opposing
the project:
Derek Wong, La Quinta (in-person) – petition against the project
Judy Hovjacky, La Quinta (in-person) – pool cleanliness, light
Bob Lasser, La Quinta (in-person) – [used speaker time donated
by residents Catherine Smithweiss and Judy Gavigan] – 2035
General Plan
Carolyn Winnor, La Quinta (in-person) – [used speaker time
donated by resident Richard Harris] – noise
Sheila Warren, La Quinta (in-person) – light
Donna Williams, La Quinta (Zoom) – public safety
Lori Kilburn, La Quinta (in-person) – basis of zone change to
Tourist Commercial
Carol Strop, La Quinta (in-person) – not in harmony
Phil Novak, La Quinta (in-person) – carbon footprint
Alena Callimanis, La Quinta (in-person) – [used speaker time
donated by residents Duncan Woodfin, Howard Weiss, and Karen
Thomas] – water crisis
Rick Roth, La Quinta (in-person) – [used speaker time donated by
resident Sheryl Weiss] – revenue and costs to City
Brad Anderson, Rancho Mirage (in-person) – opposes the project
Joe Hammer, Indian Wells (in-person) – [used speaker time donated by
Elizabeth Hammer] - La Quinta landowner, supports the Project
Kim Hammer, Indian Wells (in-person) – supports the project
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Bruce Krider, La Quinta (in-person) – [used speaker time donated by
resident Dennis McLatcher and Laura Dolata] – opposes the project
Tom Jensen, La Quinta (Zoom) – opposes the project
Colin Barrows, La Quinta (Zoom) – opposes the project
Gianna Wright, La Quinta (Zoom) – opposes the project
Jessica Lenz, La Quinta (Zoom) – opposes the project
Sandy Hernandez, La Quinta (Zoom) – member Cactus-to-Cloud
Institute, opposes the project
Kathy Weiss, La Quinta (Zoom) – opposes the project
Alex De La Cruz, La Quinta (Zoom) – opposes the project
Juline Holliday, La Quinta (Zoom) – opposes the project
Elizabeth Erickson, La Quinta (Zoom) – a UC certified California
Naturalist and California Climate Steward; opposes the project
The following WRITTEN PUBLIC COMMENTS, in OPPOSITION of the project,
listed in alphabetical order, were received, distributed to Council, made
available on the City’s website, and included in the record of this meeting:
Edward Armendarez
Sally and Robert Arroyo
Fritz Bachli
Tracy Bartlett and Katie
Barrows
Guy and Barbara Bishop
Alena Callimanis
Eve Castles
Scott Connelly
Richard G. Dale, JD
Patricia Jones
Angie Lafferty
La Quinta Residents for
Responsible Development
Marge Pierce
Susan Rosenberg
Linda Joy Salas
SBEMP – Bruce Bauer, Attorney
Joan Speer
Susan St. Louis
Dorian Whitney
Derek Wong
Gianna Wright
The following WRITTEN PUBLIC COMMENTS, in SUPPORT of the project, listed
in alphabetical order, were received, distributed to Council, made available on
the City’s website, and included in the record of this meeting:
Karen Ahaesy
Wesley Ahlgren
Tim Albinson
Maria Allgood
Jon Arman
Justin Ayre
Ton7 and Cynthia Bouza
John Caskey
Jito Chadha
Frank Chanault
Come Chantrel
Gerald Chertavian
Mike Courson
Clay DellaCava
Ian deQueiroz
Douglas Durkin
Matt Ginella
Kent Goldman
25
MINUTES Page 16 of 18 JUNE 7, 2022
CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING
Jeff Gordon
Matthew Gray
Chris Grow
David Henry
Scott Hudgins
Britt Joyce
Davin Kazama
Deborah Kent-Clark
Sid Landolt
David Leff
Rob Leff
Jenny M.
Andrew Mackenzie
Logan Malouf
Cory Martin
Thomas McDaniel
Kai McDonald
Carl J. Montante III
Scott Moore
Breene Murphy
Kevin Murphy
Leah Nappi and Family
Kevin Parra
Garrett Paul
Danica Bujic Perez
Michael Pinto
Mark and Logan Platzer
Carrie Schwab Pomerantz
Marie Radimsky
Lee Redmond
Mike Regan
Chuy Reyna
Keenan Rice and Family
Tatiana Ruvelson
Hunter and Tyson Solomon
Courtney Schwab
Samantha Schwab
Bruce Steel
Dave Stein
Paula Turner
Connie Varelli
Visit Greater Palm Springs
Lee Vosburgh
Jason and Molly Waggoner
Circe Wallace
Greg Washer
Frank Weigel
Doug Weitman
Carter Westfall
Kevin Wright
PUBLIC SPEAKER IN-PERSON: James Vaugh, Esq., CEQA and land use counsel
for the project – provided rebuttal comments to the public comments with
regards to water usage, evaporation, drought, groundwater replenishment,
accuracy of WSA data, lighting, noise, special events, zone change, STVRs,
economics, greenhouse gas emissions, and visual and traffic impacts.
PUBLIC SPEAKER IN-PERSON: Alena Callimanis, La Quinta – stated that there
are several inaccuracies in the reports.
Council discussed double standards regarding this project and other
developments with lakes; opposing interests regarding STVRs; City’s limited
control over this private property; being put in the position of having to decide
policy for CVWD and IID; and the responsibility of Council to openly and
objectively review any development proposal submitted to the City.
THE PUBLIC HEARING REMAINED OPEN
26
MINUTES Page 17 of 18 JUNE 7, 2022
CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING
MOTION – A motion was made and seconded by Councilmembers Radi/
Sanchez to continue this Public Hearing at a special meeting to be held July 5,
2022, at 4:00 p.m. Motion passed unanimously.
DEPARTMENTAL REPORTS – All reports are on file in the City Clerk’s Office.
MAYOR’S AND COUNCIL MEMBERS’ ITEMS - none
REPORTS AND INFORMATIONAL ITEMS
La Quinta’s representative for 2022, Mayor Evans reported on her participation
in the following organizations’ meetings:
CVAG COACHELLA VALLEY CONSERVATION COMMISSION
CVAG ENERGY AND ENVIRONMENTAL RESOURCES COMMITTEE
CVAG EXECUTIVE COMMITTEE
La Quinta’s representative for 2022, Mayor Pro Tem Fitzpatrick reported on
her participation in the following organization’s meeting:
COACHELLA VALLEY MOUNTAINS CONSERVANCY
La Quinta’s representative for 2022, Councilmember Peña reported on his
participation in the following organizations’ meetings:
IID ENERGY CONSUMERS’ ADVISORY COMMITTEE
SUNLINE TRANSIT AGENCY
La Quinta’s representative for 2022, Councilmember Radi reported on his
participation in the following organization’s meeting:
CVAG TRANSPORTATION COMMITTEE
COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING
AND MOVED INTO CLOSED SESSION AT 1:22 A.M.
CLOSED SESSION – CONTINUED
4. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6; CITY DESIGNATED
REPRESENTATIVE: BILL IHRKE, CITY ATTORNEY; AND
UNREPRESENTED EMPLOYEE: CITY MANAGER
MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE
CITY COUNCIL MEETING AT 1:31 A.M. WITH ALL MEMBERS PRESENT
27
MINUTES Page 18 of 18 JUNE 7, 2022
CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING
REPORT ON ACTION(S) TAKEN IN CLOSED SESSION:
City Attorney Ihrke reported no actions were taken on Closed Session Item
No. 4 that require reporting pursuant to Government Code section 54957.1
(Brown Act).
ADJOURNMENT
There being no further business, a motion was made and seconded by
Councilmembers Fitzpatrick/Radi to adjourn at 1:31 a.m. Motion passed
unanimously.
Respectfully submitted,
MONIKA RADEVA, City Clerk
City of La Quinta, California
28
City of La Quinta
CITY COUNCIL MEETING: June 21, 2022
STAFF REPORT
AGENDA TITLE: AUTHORIZE OVERNIGHT TRAVEL FOR FOUR
COUNCILMEMBERS, CITY MANAGER, CITY CLERK, AND TWO DIRECTORS TO
ATTEND THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE IN LONG
BEACH, CALIFORNIA, SEPTEMBER 7-9, 2022
RECOMMENDATION
Authorize overnight travel for four Councilmembers, the City Manager, City
Clerk, and two department Directors to attend the League of California Cities
Annual Conference in Long Beach, California, September 7-9, 2022.
EXECUTIVE SUMMARY
•The League of California Cities (League) is an association of California
cities who collaborate to exchange information and combine resources to
influence state legislation.
•The League’s Annual Conference (Conference) provides attendees the
opportunity to participate in education sessions, discussion forums and
networking.
•This item has been scheduled this far in advance so that attendees may
obtain advance booking reduced rates.
FISCAL IMPACT
Estimated expenses are $1,600 per attendee; this cost includes conference
registration, lodging and meals. There will be no air travel expense due to the
conference location. Funds are included in the travel and training department
budgets; City Council (101-1001-60320), City Manager (101-1002-60320), City
Clerk (101-1005-60320), Director of Business and Housing Development (101-
1002-60320) and Director of Finance (101-1006-60320).
BACKGROUND/ANALYSIS
The League’s Annual Conference provides an opportunity for local leaders to
learn from leading experts as well as from their peers. Education sessions and
CONSENT CALENDAR ITEM NO. 2
29
forums will include topics such as economic development, housing, public
safety, communication and technology.
Further, the League’s Annual Business Meeting, held during the General
Assembly, acts on resolutions that establish League policy; and Mayor Evans is
the City’s voting delegate. Additionally, the Regional Riverside Division holds a
meeting during this time.
Staff is requesting Council consideration of this matter at this time so that
attendees may qualify for reduced rates. The League has opened registration
for the September 2022 conference, and if members register now, they qualify
for reduced registration and room rates.
ALTERNATIVES
Council could elect to reduce the number of attendees or not have anyone
attend.
Prepared by: Teresa Thompson, Management Specialist
Approved by: Jon McMillen, City Manager
30
City of La Quinta
CITY COUNCIL MEETING: June 21, 2022
STAFF REPORT
AGENDA TITLE: APPROVE AGREEMENTS FOR CONTRACT SERVICES WITH
TKE ENGINEERING, INC AND ERIC NELSON DBA RASA TO PROVIDE ON-CALL
MAP CHECKING SERVICES
RECOMMENDATION
Approve Agreements for Contract Services with TKE Engineering, Inc. and Eric
Nelson dba RASA to provide on-call map checking services; authorize the City
Manager to execute the agreements.
EXECUTIVE SUMMARY
•Subdivision Tract and Parcel Maps, legal descriptions and plats for lot line
adjustments and parcel mergers must be reviewed by a licensed Land
Surveyor for compliance with the Subdivision Map Act, and the Land
Surveyor’s Act.
•Staff solicited proposals for these services from qualified firms; TKE
Engineering (TKE) and Eric Nelson dba RASA (RASA) were the best
qualified firms to provide these services.
•Each agreement would be approved for an amount not to exceed $50,000
per year for a three-year term, which provides flexibility to use one or
both firms depending on work demand.
FISCAL IMPACT
These combined contracts could cost up to $50,000 annually, or a total of
$150,000 during the three-year term. Funds are available in the FY 22/23
Public Works Map / Plan Checking account (101-7002-60183) for these
services. The total amount budgeted for 2022/23 is $50,000; Staff cannot
exceed the $50,000 budget without Council approval.
BACKGROUND/ANALYSIS
Subdivision Tract and Parcel Maps, legal descriptions and plats for lot line
adjustments and parcel mergers must be reviewed by a licensed Land Surveyor
CONSENT CALENDAR ITEM NO. 3
31
for compliance with the Subdivision Map Act, and the Land Surveyor’s Act.
These are expertise and licenses staff does not possess.
In May 2022, the City received eight proposals to an on-call map checking
services request for proposals. Staff reviewed the proposals and both TKE and
RASA were selected as the top ranked firms; TKE (Attachment 1) and RASA
(Attachment 2) were the most cost effective and qualified firms. CSG, CASC,
ERSC, Interwest, VEI, and RKA also submitted proposals.
The contract authority would allow staff to utilize either consultant for the full
“not to exceed” budget of $50,000; the monthly invoices would be tracked to
ensure that the $50,000 annual budget for these services is not exceeded.
Staff requests this flexibility to allow the use of one firm when the other firm
cannot respond due to prior commitments.
ALTERNATIVES
Council could elect not to approve one or both agreements.
Prepared by: Julie Mignogna, Management Analyst
Approved by: Bryan McKinney, P.E., City Engineer
Attachments: 1.Agreement with TKE
2.Agreement with RASA
32
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 TKE Engineering, Inc. (“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 On-
Call Map Checking Services, as specified in the “Scope of Services” attached
hereto as “Exhibit A” and incorporated herein by this reference (the
“Services”). Contracting Party represents and warrants that Contracting Party
is a provider of first-class work and/or services and Contracting Party is
experienced in performing the Services contemplated herein and, in light of
such status and experience, Contracting Party covenants that it shall follow
industry standards in performing the Services required hereunder, and that
all materials, if any, will be of good quality, fit for the purpose intended. For
purposes of this Agreement, the phrase “industry standards” shall mean those
standards of practice recognized by one or more first-class firms performing
similar services under similar circumstances.
1.2 Compliance with Law. All Services rendered hereunder shall be
provided in accordance with all ordinances, resolutions, statutes, rules,
regulations, and laws of the City and any Federal, State, or local governmental
agency of competent jurisdiction.
1.3 Wage and Hour Compliance, Contracting Party shall comply with
applicable Federal, State, and local wage and hour laws.
1.4 Licenses, Permits, Fees and Assessments. Except as otherwise
specified herein, Contracting Party shall obtain at its sole cost and expense
such licenses, permits, and approvals as may be required by law for the
performance of the Services required by this Agreement, including a City of
La Quinta business license. Contracting Party and its employees, agents, and
subcontractors shall, at their sole cost and expense, keep in effect at all times
during the term of this Agreement any licenses, permits, and approvals that
are legally required for the performance of the Services required by this
Agreement. Contracting Party shall have the sole obligation to pay for any
fees, assessments, and taxes, plus applicable penalties and interest, which
may be imposed by law and arise from or are necessary for the performance
of the Services required by this Agreement, and shall indemnify, defend (with
counsel selected by City), and hold City, its elected officials, officers,
employees, and agents, free and harmless against any such fees,
ATTACHMENT 1
33
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assessments, taxes, penalties, or interest levied, assessed, or imposed
against City hereunder. Contracting Party shall be responsible for all
subcontractors’ compliance with this Section.
1.5 Familiarity with Work. By executing this Agreement, Contracting
Party warrants that (a) it has thoroughly investigated and considered the
Services to be performed, (b) it has investigated the site where the Services
are to be performed, if any, and fully acquainted itself with the conditions
there existing, (c) it has carefully considered how the Services should be
performed, and (d) it fully understands the facilities, difficulties, and
restrictions attending performance of the Services under this Agreement.
Should Contracting Party discover any latent or unknown conditions materially
differing from those inherent in the Services or as represented by City,
Contracting Party shall immediately inform City of such fact and shall not
proceed except at Contracting Party’s risk until written instructions are
received from the Contract Officer, or assigned designee (as defined in
Section 4.2 hereof).
1.6 Standard of Care. Contracting Party acknowledges and
understands that the Services contracted for under this Agreement require
specialized skills and abilities and that, consistent with this understanding,
Contracting Party’s work will be held to an industry standard of quality and
workmanship. Consistent with Section 1.5 hereinabove, Contracting Party
represents to City that it holds the necessary skills and abilities to satisfy the
industry standard of quality as set forth in this Agreement. Contracting Party
shall adopt reasonable methods during the life of this Agreement to furnish
continuous protection to the Services performed by Contracting Party, and the
equipment, materials, papers, and other components thereof to prevent losses
or damages, and shall be responsible for all such damages, to persons or
property, until acceptance of the Services by City, except such losses or
damages as may be caused by City’s own negligence. The performance of
Services by Contracting Party shall not relieve Contracting Party from any
obligation to correct any incomplete, inaccurate, or defective work at no
further cost to City, when such inaccuracies are due to the negligence of
Contracting Party.
1.7 Additional Services. In accordance with the terms and conditions
of this Agreement, Contracting Party shall perform services in addition to
those specified in the Scope of Services (“Additional Services”) only when
directed to do so by the Contract Officer, or assigned designee, provided
that Contracting Party shall not be required to perform any Additional Services
without compensation. Contracting Party shall not perform any Additional
Services until receiving prior written authorization (in the form of a written
change order if Contracting Party is a contractor performing the Services) from
the Contract Officer, or assigned designee, incorporating therein any
34
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adjustment in (i) the Contract Sum, and/or (ii) the time to perform this
Agreement, which said adjustments are subject to the written approval of
Contracting Party. It is expressly understood by Contracting Party that the
provisions of this Section shall not apply to the Services specifically set forth
in the Scope of Services or reasonably contemplated therein. It is specifically
understood and agreed that oral requests and/or approvals of Additional
Services shall be barred and are unenforceable. Failure of Contracting Party
to secure the Contract Officer’s, or assigned designee’s written authorization
for Additional Services shall constitute a waiver of any and all right to
adjustment of the Contract Sum or time to perform this Agreement, whether
by way of compensation, restitution, quantum meruit, or the like, for
Additional Services provided without the appropriate authorization from the
Contract Officer, or assigned designee. Compensation for properly
authorized Additional Services shall be made in accordance with Section 2.3
of this Agreement.
1.8 Special Requirements. Additional terms and conditions of this
Agreement, if any, which are made a part hereof are set forth in “Exhibit D”
(the “Special Requirements”), which is incorporated herein by this reference
and expressly made a part hereof. In the event of a conflict between the
provisions of the Special Requirements and any other provisions of this
Agreement, the provisions of the Special Requirements shall govern.
2.COMPENSATION.
2.1 Contract Sum. For the Services rendered pursuant to this
Agreement, Contracting Party shall be compensated in accordance with
“Exhibit B” (the “Schedule of Compensation”) in the amount of Fifty Thousand
Dollars ($50,000.00) per year for the life of the Agreement, encompassing
the initial and any extended terms (the “Contract Sum”), except as provided
in Section 1.7. Contractor expressly acknowledges and agrees that the
Contract Sum in this Agreement is the annual aggregate total amount covering
this Agreement, that certain Agreement for Contract Services by and between
the City and Eric Nelson DBA RASA, of or about even date as this Agreement,
such that the Contract Sum as defined herein is the maximum amount
available for services provided under both agreements. The method of
compensation set forth in the Schedule of Compensation may include a lump
sum payment upon completion, payment in accordance with the percentage
of completion of the Services, payment for time and materials based upon
Contracting Party’s rate schedule, but not exceeding the Contract Sum, or
such other reasonable methods as may be specified in the Schedule of
Compensation. The Contract Sum shall include the attendance of Contracting
Party at all project meetings reasonably deemed necessary by City;
Contracting Party shall not be entitled to any additional compensation for
attending said meetings. Compensation may include reimbursement for
35
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actual and necessary expenditures for reproduction costs, transportation
expense, telephone expense, and similar costs and expenses when and if
specified in the Schedule of Compensation. Regardless of the method of
compensation set forth in the Schedule of Compensation, Contracting Party’s
overall compensation shall not exceed the Contract Sum, except as provided
in Section 1.7 of this Agreement.
2.2 Method of Billing & Payment. Any month in which Contracting
Party wishes to receive payment, Contracting Party shall submit to City no
later than the tenth (10th) working day of such month, in the form approved
by City’s Finance Director, an invoice for Services rendered prior to the date
of the invoice. Such invoice shall (1) describe in detail the Services provided,
including time and materials, and (2) specify each staff member who has
provided Services and the number of hours assigned to each such staff
member. Such invoice shall contain a certification by a principal member of
Contracting Party specifying that the payment requested is for Services
performed in accordance with the terms of this Agreement. Upon approval in
writing by the Contract Officer, or assigned designee, and subject to
retention pursuant to Section 8.3, City will pay Contracting Party for all items
stated thereon which are approved by City pursuant to this Agreement no
later than thirty (30) days after invoices are received by the City’s Finance
Department.
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.
36
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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
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, 2022, and terminate on June 30, 2025 (“Initial Term”). This
Agreement may be extended for two (2) additional year(s) upon mutual
agreement by both parties (“Extended Term”), and executed in writing.
4. COORDINATION OF WORK.
4.1 Representative of Contracting Party. The following principals of
Contracting Party (“Principals”) are hereby designated as being the principals
and representatives of Contracting Party authorized to act in its behalf with
respect to the Services specified herein and make all decisions in connection
therewith:
(a) Name: Terry Renner
(b) Phone: (951) 680-0440
(c) Email: trenner@tkeengineering.com
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It is expressly understood that the experience, knowledge, capability,
and reputation of the foregoing Principals were a substantial inducement for
City to enter into this Agreement. Therefore, the foregoing Principals shall be
responsible during the term of this Agreement for directing all activities of
Contracting Party and devoting sufficient time to personally supervise the
Services hereunder. For purposes of this Agreement, the foregoing Principals
may not be changed by Contracting Party and no other personnel may be
assigned to perform the Services required hereunder without the express
written approval of City.
4.2 Contract Officer. The “Contract Officer”, otherwise known as
the Bryan McKinney, Public Works Director or assigned designee may
be designated in writing by the City Manager of the City. It shall be
Contracting Party’s responsibility to assure that the Contract Officer, or
assigned designee, is kept informed of the progress of the performance of
the Services, and Contracting Party shall refer any decisions, that must be
made by City to the Contract Officer, or assigned designee. Unless
otherwise specified herein, any approval of City required hereunder shall mean
the approval of the Contract Officer, or assigned designee. The Contract
Officer, or assigned designee, shall have authority to sign all documents on
behalf of City required hereunder to carry out the terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignment. The
experience, knowledge, capability, and reputation of Contracting Party, its
principals, and its employees were a substantial inducement for City to enter
into this Agreement. Except as set forth in this Agreement, Contracting Party
shall not contract or subcontract with any other entity to perform in whole or
in part the Services required hereunder without the express written approval
of City. In addition, neither this Agreement nor any interest herein may be
transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or
by operation of law, without the prior written approval of City. Transfers
restricted hereunder shall include the transfer to any person or group of
persons acting in concert of more than twenty five percent (25%) of the
present ownership and/or control 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,
38
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representatives, or agents, or in fixing their number or hours of service.
Contracting Party shall perform all Services required herein as an independent
contractor of City and shall remain at all times as to City a wholly independent
contractor with only such obligations as are consistent with that role.
Contracting Party shall not at any time or in any manner represent that it or
any of its agents or employees are agents or employees of City. City shall not
in any way or for any purpose become or be deemed to be a partner of
Contracting Party in its business or otherwise or a joint venture or a member
of any joint enterprise with Contracting Party. Contracting Party shall have
no power to incur any debt, obligation, or liability on behalf of City.
Contracting Party shall not at any time or in any manner represent that it or
any of its agents or employees are agents or employees of City. Except for
the Contract Sum paid to Contracting Party as provided in this Agreement,
City shall not pay salaries, wages, or other compensation to Contracting Party
for performing the Services hereunder for City. City shall not be liable for
compensation or indemnification to Contracting Party for injury or sickness
arising out of performing the Services hereunder. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the
contrary, Contracting Party and any of its employees, agents, and
subcontractors providing services under this Agreement shall not qualify for
or become entitled to any compensation, benefit, or any incident of
employment by City, including but not limited to eligibility to enroll in the
California Public Employees Retirement System (“PERS”) as an employee of
City and entitlement to any contribution to be paid by City for employer
contributions and/or employee contributions for PERS benefits. Contracting
Party agrees to pay all required taxes on amounts paid to Contracting Party
under this Agreement, and to indemnify and hold City harmless from any and
all taxes, assessments, penalties, and interest asserted against City by reason
of the independent contractor relationship created by this Agreement.
Contracting Party shall fully comply with the workers’ compensation laws
regarding Contracting Party and Contracting Party’s employees. Contracting
Party further agrees to indemnify and hold City harmless from any failure of
Contracting Party to comply with applicable workers’ compensation laws. City
shall have the right to offset against the amount of any payment due to
Contracting Party under this Agreement any amount due to City from
Contracting Party as a result of Contracting Party’s failure to promptly pay to
City any reimbursement or indemnification arising under this Section.
4.5 Identity of Persons Performing Work. Contracting Party
represents that it employs or will employ at its own expense all personnel
required for the satisfactory performance of any and all of the Services set
forth herein. Contracting Party represents that the Services required herein
will be performed by Contracting Party or under its direct supervision, and
that all personnel engaged in such work shall be fully qualified and shall be
39
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authorized and permitted under applicable State and local law to perform such
tasks and services.
4.6 City Cooperation. City shall provide Contracting Party with any
plans, publications, reports, statistics, records, or other data or information
pertinent to the Services to be performed hereunder which are reasonably
available to Contracting Party only from or through action by City.
5. INSURANCE.
5.1 Insurance. Prior to the beginning of any Services under this
Agreement and throughout the duration of the term of this Agreement,
Contracting Party shall procure and maintain, at its sole cost and expense,
and submit concurrently with its execution of this Agreement, policies of
insurance as set forth in “Exhibit E” (the “Insurance Requirements”) which is
incorporated herein by this reference and expressly made a part hereof.
5.2 Proof of Insurance. Contracting Party shall provide Certificate of
Insurance to Agency along with all required endorsements. Certificate of
Insurance and endorsements must be approved by Agency’s Risk Manager
prior to commencement of performance.
6. INDEMNIFICATION.
6.1 Indemnification. To the fullest extent permitted by law,
Contracting Party shall indemnify, protect, defend (with counsel selected by
City), and hold harmless City and any and all of its officers, employees,
agents, and volunteers as set forth in “Exhibit F” (“Indemnification”) which is
incorporated herein by this reference and expressly made a part hereof.
7. RECORDS AND REPORTS.
7.1 Reports. Contracting Party shall periodically prepare and submit
to the Contract Officer, or assigned designee, such reports concerning
Contracting Party’s performance of the Services required by this Agreement
as the Contract Officer, or assigned designee, shall require. Contracting
Party hereby acknowledges that City is greatly concerned about the cost of
the Services to be performed pursuant to this Agreement. For this reason,
Contracting Party agrees that if Contracting Party becomes aware of any facts,
circumstances, techniques, or events that may or will materially increase or
decrease the cost of the Services contemplated herein or, if Contracting Party
is providing design services, the cost of the project being designed,
Contracting Party shall promptly notify the Contract Officer, or assigned
designee, of said fact, circumstance, technique, or event and the estimated
increased or decreased cost related thereto and, if Contracting Party is
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providing design services, the estimated increased or decreased cost estimate
for the project being designed.
7.2 Records. Contracting Party shall keep, and require any
subcontractors to keep, such ledgers, books of accounts, invoices, vouchers,
canceled checks, reports (including but not limited to payroll reports), studies,
or other documents relating to the disbursements charged to City and the
Services performed hereunder (the “Books and Records”), as shall be
necessary to perform the Services required by this Agreement and enable the
Contract Officer, or assigned designee, to evaluate the performance of such
Services. Any and all such Books and Records shall be maintained in
accordance with generally accepted accounting principles and shall be
complete and detailed. The Contract Officer, or assigned designee, shall
have full and free access to such Books and Records at all times during normal
business hours of City, including the right to inspect, copy, audit, and make
records and transcripts from such Books and Records. Such Books and
Records shall be maintained for a period of three (3) years following
completion of the Services hereunder, and City shall have access to such
Books and Records in the event any audit is required. In the event of
dissolution of Contracting Party’s business, custody of the Books and Records
may be given to City, and access shall be provided by Contracting Party’s
successor in interest. Under California Government Code Section 8546.7, if
the amount of public funds expended under this Agreement exceeds Ten
Thousand Dollars ($10,000.00), this Agreement shall be subject to the
examination and audit of the State Auditor, at the request of City or as part
of any audit of City, for a period of three (3) years after final payment under
this Agreement.
7.3 Ownership of Documents. All drawings, specifications, maps,
designs, photographs, studies, surveys, data, notes, computer files, reports,
records, documents, and other materials plans, drawings, estimates, test
data, survey results, models, renderings, and other documents or works of
authorship fixed in any tangible medium of expression, including but not
limited to, physical drawings, digital renderings, or data stored digitally,
magnetically, or in any other medium prepared or caused to be prepared by
Contracting Party, its employees, subcontractors, and agents in the
performance of this Agreement (the “Documents and Materials”) shall be the
property of City and shall be delivered to City upon request of the Contract
Officer, or assigned designee, or upon the expiration or termination of this
Agreement, and Contracting Party shall have no claim for further employment
or additional compensation as a result of the exercise by City of its full rights
of ownership use, reuse, or assignment of the Documents and Materials
hereunder. Any use, reuse or assignment of such completed Documents and
Materials for other projects and/or use of uncompleted documents without
specific written authorization by Contracting Party will be at City’s sole risk
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and without liability to Contracting Party, and Contracting Party’s guarantee
and warranties shall not extend to such use, revise, or assignment.
Contracting Party may retain copies of such Documents and Materials for its
own use. Contracting Party shall have an unrestricted right to use the
concepts embodied therein. All subcontractors shall provide for assignment
to City of any Documents and Materials prepared by them, and in the event
Contracting Party fails to secure such assignment, Contracting Party shall
indemnify City for all damages resulting therefrom.
7.4 In the event City or any person, firm, or corporation authorized
by City reuses said Documents and Materials without written verification or
adaptation by Contracting Party for the specific purpose intended and causes
to be made or makes any changes or alterations in said Documents and
Materials, City hereby releases, discharges, and exonerates Contracting Party
from liability resulting from said change. The provisions of this clause shall
survive the termination or expiration of this Agreement and shall thereafter
remain in full force and effect.
7.5 Licensing of Intellectual Property. This Agreement creates a non-
exclusive and perpetual license for City to copy, use, modify, reuse, or
sublicense any and all copyrights, designs, rights of reproduction, and other
intellectual property embodied in the Documents and Materials. Contracting
Party shall require all subcontractors, if any, to agree in writing that City is
granted a non-exclusive and perpetual license for the Documents and
Materials the subcontractor prepares under this Agreement. Contracting Party
represents and warrants that Contracting Party has the legal right to license
any and all of the Documents and Materials. Contracting Party makes no such
representation and warranty in regard to the Documents and Materials which
were prepared by design professionals other than Contracting Party or
provided to Contracting Party by City. City shall not be limited in any way in
its use of the Documents and Materials at any time, provided that any such
use not within the purposes intended by this Agreement shall be at City’s sole
risk.
7.6 Release of Documents. The Documents and Materials shall not be
released publicly without the prior written approval of the Contract Officer, or
assigned designee, or as required by law. Contracting Party shall not
disclose to any other entity or person any information regarding the activities
of City, except as required by law or as authorized by City.
7.7 Confidential or Personal Identifying Information. Contracting
Party covenants that all City data, data lists, trade secrets, documents with
personal identifying information, documents that are not public records, draft
documents, discussion notes, or other information, if any, developed or
received by Contracting Party or provided for performance of this Agreement
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are deemed confidential and shall not be disclosed by Contracting Party to any
person or entity without prior written authorization by City or unless required
by law. City shall grant authorization for disclosure if required by any lawful
administrative or legal proceeding, court order, or similar directive with the
force of law. All City data, data lists, trade secrets, documents with personal
identifying information, documents that are not public records, draft
documents, discussions, or other information shall be returned to City upon
the termination or expiration of this Agreement. Contracting Party’s covenant
under this section shall survive the termination or expiration of this
Agreement.
8. ENFORCEMENT OF AGREEMENT.
8.1 California Law. This Agreement shall be interpreted, construed,
and governed both as to validity and to performance of the parties in
accordance with the laws of the State of California. Legal actions concerning
any dispute, claim, or matter arising out of or in relation to this Agreement
shall be instituted in the Superior Court of the County of Riverside, State of
California, or any other appropriate court in such county, and Contracting
Party covenants and agrees to submit to the personal jurisdiction of such court
in the event of such action.
8.2 Disputes. In the event of any dispute arising under this
Agreement, the injured party shall notify the injuring party in writing of its
contentions by submitting a claim therefore. The injured party shall continue
performing its obligations hereunder so long as the injuring party commences
to cure such default within ten (10) days of service of such notice and
completes the cure of such default within forty-five (45) days after service of
the notice, or such longer period as may be permitted by the Contract Officer,
or assigned designee; provided that if the default is an immediate danger to
the health, safety, or general welfare, City may take such immediate action
as City deems warranted. Compliance with the provisions of this Section shall
be a condition precedent to termination of this Agreement for cause and to
any legal action, and such compliance shall not be a waiver of any party’s right
to take legal action in the event that the dispute is not cured, provided that
nothing herein shall limit City’s right to terminate this Agreement without
cause pursuant to this Article 8.0. During the period of time that Contracting
Party is in default, City shall hold all invoices and shall, when the default is
cured, proceed with payment on the invoices. In the alternative, City may, in
its sole discretion, elect to pay some or all of the outstanding invoices during
any period of default.
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
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default of Contracting Party in the performance of the Services required by
this Agreement.
8.4 Waiver. No delay or omission in the exercise of any right or
remedy of a non-defaulting party on any default shall impair such right or
remedy or be construed as a waiver. City’s consent or approval of any act by
Contracting Party requiring City’s consent or approval shall not be deemed to
waive or render unnecessary City’s consent to or approval of any subsequent
act of Contracting Party. Any waiver by either party of any default must be in
writing and shall not be a waiver of any other default concerning the same or
any other provision of this Agreement.
8.5 Rights and Remedies are Cumulative. Except with respect to
rights and remedies expressly declared to be exclusive in this Agreement, the
rights and remedies of the parties are cumulative and the exercise by either
party of one or more of such rights or remedies shall not preclude the exercise
by it, at the same or different times, of any other rights or remedies for the
same default or any other default by the other party.
8.6 Legal Action. In addition to any other rights or remedies, either
party may take legal action, at law or at equity, to cure, correct, or remedy
any default, to recover damages for any default, to compel specific
performance of this Agreement, to obtain declaratory or injunctive relief, or
to obtain any other remedy consistent with the purposes of this Agreement.
8.7 Termination Prior To Expiration of Term. This Section shall govern
any termination of this Agreement, except as specifically provided in the
following Section for termination for cause. City reserves the right to
terminate this Agreement at any time, with or without cause, upon thirty
(30) days’ written notice to Contracting Party. Upon receipt of any notice of
termination, Contracting Party shall immediately cease all Services hereunder
except such as may be specifically approved by the Contract Officer, or
assigned designee. Contracting Party shall be entitled to compensation for
all Services rendered prior to receipt of the notice of termination and for any
Services authorized by the Contract Officer, or assigned designee, thereafter
in accordance with the Schedule of Compensation or such as may be approved
by the Contract Officer, or assigned designee, except amounts held as a
retention pursuant to this Agreement.
8.8 Termination for Default of Contracting Party. If termination is due
to the failure of Contracting Party to fulfill its obligations under this Agreement,
Contracting Party shall vacate any City-owned property which Contracting
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
44
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to the extent that the total cost for completion of the Services required
hereunder exceeds the compensation herein stipulated (provided that City
shall use reasonable efforts to mitigate such damages), and City may withhold
any payments to Contracting Party for the purpose of setoff or partial payment
of the amounts owed City.
8.9 Attorneys’ Fees. If either party to this Agreement is required to
initiate or defend or made a party to any action or proceeding in any way
connected with this Agreement, the prevailing party in such action or
proceeding, in addition to any other relief which may be granted, whether
legal or equitable, shall be entitled to reasonable attorneys’ fees; provided,
however, that the attorneys’ fees awarded pursuant to this Section shall not
exceed the hourly rate paid by City for legal services multiplied by the
reasonable number of hours spent by the prevailing party in the conduct of
the litigation. Attorneys’ fees shall include attorneys’ fees on any appeal, and
in addition a party entitled to attorneys’ fees shall be entitled to all other
reasonable costs for investigating such action, taking depositions and
discovery, and all other necessary costs the court allows which are incurred in
such litigation. All such fees shall be deemed to have accrued on
commencement of such action and shall be enforceable whether or not such
action is prosecuted to judgment. The court may set such fees in the same
action or in a separate action brought for that purpose.
9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.
9.1 Non-liability of City Officers and Employees. No officer, official,
employee, agent, representative, or volunteer of City shall be personally liable
to Contracting Party, or any successor in interest, in the event or any default
or breach by City or for any amount which may become due to Contracting
Party or to its successor, or for breach of any obligation of the terms of this
Agreement.
9.2 Conflict of Interest. Contracting Party covenants that neither it,
nor any officer or principal of it, has or shall acquire any interest, directly or
indirectly, which would conflict in any manner with the interests of City or
which would in any way hinder Contracting Party’s performance of the
Services under this Agreement. Contracting Party further covenants that in
the performance of this Agreement, no person having any such interest shall
be employed by it as an officer, employee, agent, or subcontractor without
the express written consent of the Contract Officer, or assigned designee.
Contracting Party agrees to at all times avoid conflicts of interest or the
appearance of any conflicts of interest with the interests of City in the
performance of this Agreement.
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No officer or employee of City shall have any financial interest, direct
or indirect, in this Agreement nor shall any such officer or employee
participate in any decision relating to this Agreement which effects his financial
interest or the financial interest of any corporation, partnership or association
in which he is, directly or indirectly, interested, in violation of any State statute
or regulation. Contracting Party warrants that it has not paid or given and will
not pay or give any third party any money or other consideration for obtaining
this Agreement.
9.3 Covenant against Discrimination. Contracting Party covenants
that, by and for itself, its heirs, executors, assigns, and all persons claiming
under or through them, that there shall be no discrimination against or
segregation of, any person or group of persons on account of any
impermissible classification including, but not limited to, race, color, creed,
religion, sex, marital status, sexual orientation, national origin, or ancestry in
the performance of this Agreement. Contracting Party shall take affirmative
action to ensure that applicants are employed and that employees are treated
during employment without regard to their race, color, creed, religion, sex,
marital status, sexual orientation, national origin, or ancestry.
10. MISCELLANEOUS PROVISIONS.
10.1 Notice. Any notice, demand, request, consent, approval, or
communication either party desires or is required to give the other party or
any other person shall be in writing and either served personally or sent by
prepaid, first-class mail to the address set forth below. Either party may
change its address by notifying the other party of the change of address in
writing. Notice shall be deemed communicated forty-eight (48) hours from
the time of mailing if mailed as provided in this Section.
To City:
CITY OF LA QUINTA
Attention: Bryan McKinney
78495 Calle Tampico
La Quinta, California 92253
To Contracting Party:
TKE Engineering, Inc.
Terry Renner, P.E., Q.S.D.
Senior Vice President
2305 Chicago Avenue
Riverside, CA 92507
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.
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10.3 Section Headings and Subheadings. The section headings and
subheadings contained in this Agreement are included for convenience only
and shall not limit or otherwise affect the terms of this Agreement.
10.4 Counterparts. This Agreement may be executed in counterparts,
each of which shall be deemed to be an original, and such counterparts shall
constitute one and the same instrument.
10.5 Integrated Agreement. This Agreement including the exhibits
hereto is the entire, complete, and exclusive expression of the understanding
of the parties. It is understood that there are no oral agreements between
the parties hereto affecting this Agreement and this Agreement supersedes
and cancels any and all previous negotiations, arrangements, agreements,
and understandings, if any, between the parties, and none shall be used to
interpret this Agreement.
10.6 Amendment. No amendment to or modification of this Agreement
shall be valid unless made in writing and approved by Contracting Party and
by the City Council of City. The parties agree that this requirement for written
modifications cannot be waived and that any attempted waiver shall be void.
10.7 Severability. In the event that any one or more of the articles,
phrases, sentences, clauses, paragraphs, or sections contained in this
Agreement shall be declared invalid or unenforceable, such invalidity or
unenforceability shall not affect any of the remaining articles, phrases,
sentences, clauses, paragraphs, or sections of this Agreement which are
hereby declared as severable and shall be interpreted to carry out the intent
of the parties hereunder unless the invalid provision is so material that its
invalidity deprives either party of the basic benefit of their bargain or renders
this Agreement meaningless.
10.8 Unfair Business Practices Claims. In entering into this Agreement,
Contracting Party offers and agrees to assign to City all rights, title, and
interest in and to all causes of action it may have under Section 4 of the
Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2,
(commencing with Section 16700) of Part 2 of Division 7 of the Business and
Professions Code), arising from purchases of goods, services, or materials
related to this Agreement. This assignment shall be made and become
effective at the time City renders final payment to Contracting Party without
further acknowledgment of the parties.
10.9 No Third-Party Beneficiaries. With the exception of the specific
provisions set forth in this Agreement, there are no intended third-party
beneficiaries under this Agreement and no such other third parties shall have
any rights or obligations hereunder.
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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]
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IN WITNESS WHEREOF, the parties have executed this Agreement as of
the dates stated below.
CITY OF LA QUINTA,
a California Municipal Corporation
JON McMILLEN, City Manager
City of La Quinta, California
Dated:
CONTRACTING PARTY:
TKE Engineering, Inc.
By:
Name: Terry Renner, P.E., Q.S.D.
Title: Senior Vice President
ATTEST:
MONIKA RADEVA, City Clerk
City of La Quinta, California
By:
Name:
Title:
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
49
Exhibit A
Page 1 of 7 Last revised summer 2017
Exhibit A
Scope of Services
Map Checking
Subdivision Tract and Parcel Maps will be reviewed by a Land Surveyor licensed
in the State of California for the procedure of survey, mathematical closure, and
compliance with the Subdivision Map Act, the Land Surveyor’s Act, the approved
Tentative Map, the approved Conditions of Approval, and a current title report.
This review includes, but is not limited to, the review of survey documentation,
lot and boundary closure calculations, dedication and easement provisions, legal
descriptions and completeness and accuracy of data notation. Some of the
specific items that are reviewed or checked include the following:
o Title sheet format and certificates.
o Current legal descriptions.
o Correct assessor’s parcel being subdivided per the title report and Tract/Parcel
Map.
o Check closure of subdivision boundary and individual lots against traverse.
o Verify lot areas against traverse.
o Check for correct mathematics.
o Clarity of drafting.
o Proper delineation and identification of record data.
o All appropriate data in the title report is shown on the map.
o Proper reference to adjacent recorded maps and ties thereto.
o Proper reference and ties to found/set monumentation.
o Minimum lot sizes meeting the requirements of zoning of the Tentative Map.
o Conditions of approval identified by the subdivision resolution are properly
satisfied.
o Boundary tied to the California Coordinate System.
o Verify ownership shown on the map against the title report.
o Verify easements and completeness of easement call outs.
In addition to reviewing subdivision Tract and Parcel Maps, the consultant may
be requested to provide the following services:
o Review Lot Line Adjustment documents.
o Review Parcel Merger documents
o Prepare legal descriptions and plats.
o Review benchmarks and associated documents
o Answer Subdivision Map Act related questions
50
Exhibit A
Page 2 of 7
Prevailing Wage - In accordance with Section 1770 of the Labor Code, the City
has ascertained and does hereby specify that the prevailing wage rates shall be
those provided in Article 1110-20.0, WAGE RATES. The said rates shall include
all employer payments that are required by Section 1773.1 of the Labor Code.
The City will furnish to the Contractor, upon request, a copy of such prevailing
wage rates. It shall be the duty of the Contractor to post a copy of such prevailing
wages at the job site.
Deliverables Required:
Normal plan check operations will be conducted as follows:
1st Submittal:
Upon completing the 1st review, the Consultant shall submit the “red lined” map
and a copy of the applicable Map Check List to the applicant.
2nd and Subsequent Submittals:
Upon receipt of the 2nd round plan check submittal from the applicant and upon
completing the 2nd review, the Consultant shall submit “red lined” map and a
copy of the applicable 2nd review Map Check List to the applicant. The process
of applicant correction, Consultant review and “red lined” map return to applicant
shall continue until approvable plans are generated and a plan approval letter is
submitted to the City by the Consultant.
If necessary, the Consultant shall be available to meet in La Quinta with City staff
and/or the applicant to review the map check comments. The Consultant will
communicate directly with the applicant regarding map check issues and
clarifications. The City desires an average of no more than 3 map check rounds
before Consultant map approval.
The Consultant shall be required to use the City’s TRAKiT software in the map
check process. The Consultant shall also be required to purchase or obtain the
Bluebeam Revu software to allow electronic review and commenting of plans.
The Consultant shall maintain all files for a period of three years. Copies of
requested files will be furnished to the City upon request.
51
Exhibit A
Page 3 of 7
Performance Standards:
The Consultant shall adhere to the following map check schedule:
Map Submittal Map Check Turn-Around (From Receipt from City Staff)
1st Plan Check 15 Working Days
2nd Plan Check 10 Working Days
3rd Plan Check 10 Working Days
For larger, more complex projects such as golf course developments, one (1)
additional week for the 1st and 2nd plan check shall be provided, if necessary to
complete a thorough plan check. The consultant shall advise the Contract Officer,
in writing, if additional time is needed.
AT NO ADDITIONAL COST TO THE CITY:
The Consultant shall provide a hand held (type) cellular telephone for each map
checker assigned to the City Project(s) to assure rapid availability by telephone.
The Consultant shall provide his or her own transportation to and from the
designated work site. Consultant will not be compensated for travel time to and
from designated work site.
The Consultant shall respond to requests for map check within twenty-four (24)
hours.
The Consultant shall supply all necessary tools and materials to perform their
work.
The Consultant shall purchase Blubeam Revu Standard software, which
Consultant shall use for the electronic review of plans and maps.
52
Exhibit A
Page 4 of 7
ADDENDUM TO AGREEMENT
Re: Scope of Services
If the Scope of Services include construction, alteration, demolition,
installation, repair, or maintenance affecting real property or structures or
improvements of any kind appurtenant to real property, the following apply:
1. Prevailing Wage Compliance. If Contracting Party is a contractor
performing public works and maintenance projects, as described in this
Section 1.3, Contracting Party shall comply with applicable Federal, State, and
local laws. Contracting Party is aware of the requirements of California Labor
Code Sections 1720, et seq., and 1770, et seq., as well as California Code of
Regulations, Title 8, Sections 16000, et seq., (collectively, the “Prevailing
Wage Laws”), and La Quinta Municipal Code Section 3.12.040, which require
the payment of prevailing wage rates and the performance of other
requirements on “Public works” and “Maintenance” projects. If the Services
are being performed as part of an applicable “Public works” or “Maintenance”
project, as defined by the Prevailing Wage Laws, and if construction work over
twenty-five thousand dollars ($25,000.00) and/or alterations, demolition,
repair or maintenance work over fifteen thousand dollars ($15,000.00) is
entered into or extended on or after January 1, 2015 by this Agreement,
Contracting Party agrees to fully comply with such Prevailing Wage Laws
including, but not limited to, requirements related to the maintenance of
payroll records and the employment of apprentices. Pursuant to California
Labor Code Section 1725.5, no contractor or subcontractor may be awarded
a contract for public work on a “Public works” project unless registered with
the California Department of Industrial Relations (“DIR”) at the time the
contract is awarded. If the Services are being performed as part of an
applicable “Public works” or “Maintenance” project, as defined by the
Prevailing Wage Laws, this project is subject to compliance monitoring and
enforcement by the DIR. Contracting Party will maintain and will require all
subcontractors to maintain valid and current DIR Public Works contractor
registration during the term of this Agreement. Contracting Party shall notify
City in writing immediately, and in no case more than twenty-four (24) hours,
after receiving any information that Contracting Party’s or any of its
subcontractor’s DIR registration status has been suspended, revoked, expired,
or otherwise changed. It is understood that it is the responsibility of
Contracting Party to determine the correct salary scale. Contracting Party
shall make copies of the prevailing rates of per diem wages for each craft,
classification, or type of worker needed to execute the Services available to
interested parties upon request, and shall post copies at Contracting Party’s
principal place of business and at the project site, if any. The statutory
penalties for failure to pay prevailing wage or to comply with State wage and
hour laws will be enforced. Contracting Party must forfeit to City TWENTY-
53
Exhibit A
Page 5 of 7
FIVE DOLLARS ($25.00) per day for each worker who works in excess of the
minimum working hours when Contracting Party does not pay overtime. In
accordance with the provisions of Labor Code Sections 1810 et seq., eight
(8) hours is the legal working day. Contracting Party also shall comply with
State law requirements to maintain payroll records and shall provide for
certified records and inspection of records as required by California Labor Code
Section 1770 et seq., including Section 1776. In addition to the other
indemnities provided under this Agreement, Contracting Party shall defend
(with counsel selected by City), indemnify, and hold City, its elected officials,
officers, employees, and agents free and harmless from any claim or liability
arising out of any failure or alleged failure to comply with the Prevailing Wage
Laws. It is agreed by the parties that, in connection with performance of the
Services, including, without limitation, any and all “Public works” (as defined
by the Prevailing Wage Laws), Contracting Party shall bear all risks of payment
or non-payment of prevailing wages under California law and/or the
implementation of Labor Code Section 1781, as the same may be amended
from time to time, and/or any other similar law. Contracting Party
acknowledges and agrees that it shall be independently responsible for
reviewing the applicable laws and regulations and effectuating compliance
with such laws. Contracting Party shall require the same of all subcontractors.
2. Retention. Payments shall be made in accordance with the
provisions of Article 2.0 of the Agreement. In accordance with said Sections,
City shall pay Contracting Party a sum based upon ninety-five percent (95%)
of the Contract Sum apportionment of the labor and materials incorporated
into the Services under this Agreement during the month covered by said
invoice. The remaining five percent (5%) thereof shall be retained as
performance security to be paid to Contracting Party within sixty (60) days
after final acceptance of the Services by the City Council of City, after
Contracting Party has furnished City with a full release of all undisputed
payments under this Agreement, if required by City. In the event there are
any claims specifically excluded by Contracting Party from the operation of the
release, City may retain proceeds (per Public Contract Code § 7107) of up to
one hundred fifty percent (150%) of the amount in dispute. City’s failure to
deduct or withhold shall not affect Contracting Party’s obligations under the
Agreement.
3. Utility Relocation. City is responsible for removal, relocation, or
protection of existing main or trunk-line utilities to the extent such utilities
were not identified in the invitation for bids or specifications. City shall
reimburse Contracting Party for any costs incurred in locating, repairing
damage not caused by Contracting Party, and removing or relocating such
unidentified utility facilities. Contracting Party shall not be assessed liquidated
54
Exhibit A
Page 6 of 7
damages for delay arising from the removal or relocation of such unidentified
utility facilities.
4. Trenches or Excavations. Pursuant to California Public Contract
Code Section 7104, in the event the work included in this Agreement requires
excavations more than four (4) feet in depth, the following shall apply:
(a) Contracting Party shall promptly, and before the following
conditions are disturbed, notify City, in writing, of any: (1) material that
Contracting Party believes may be material that is hazardous waste, as
defined in Section 25117 of the Health and Safety Code, that is required to be
removed to a Class I, Class II, or Class III disposal site in accordance with
provisions of existing law; (2) subsurface or latent physical conditions at the
site different from those indicated by information about the site made
available to bidders prior to the deadline for submitting bids; or (3) unknown
physical conditions at the site of any unusual nature, different materially from
those ordinarily encountered and generally recognized as inherent in work of
the character provided for in the Agreement.
(b) City shall promptly investigate the conditions, and if it finds
that the conditions do materially so differ, or do involve hazardous waste, and
cause a decrease or increase in Contracting Party’s cost of, or the time
required for, performance of any part of the work shall issue a change order
per Section 1.8 of the Agreement.
(c) in the event that a dispute arises between City and
Contracting Party whether the conditions materially differ, or involve
hazardous waste, or cause a decrease or increase in Contracting Party’s cost
of, or time required for, performance of any part of the work, Contracting
Party shall not be excused from any scheduled completion date provided for
by this Agreement, but shall proceed with all work to be performed under this
Agreement. Contracting Party shall retain any and all rights provided either
by contract or by law which pertain to the resolution of disputes and protests
between the contracting Parties.
5. Safety. Contracting Party shall execute and maintain its work so
as to avoid injury or damage to any person or property. In carrying out the
Services, Contracting Party shall at all times be in compliance with all
applicable local, state, and federal laws, rules and regulations, and shall
exercise all necessary precautions for the safety of employees appropriate to
the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be
limited to: (A) adequate life protection and lifesaving equipment and
procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders,
55
Exhibit A
Page 7 of 7
bridges, gang planks, confined space procedures, trenching and shoring,
equipment and other safety devices, equipment and wearing apparel as are
necessary or lawfully required to prevent accidents or injuries; and
(C) adequate facilities for the proper inspection and maintenance of all safety
measures.
6. Liquidated Damages. Since the determination of actual damages
for any delay in performance of the Agreement would be extremely difficult or
impractical to determine in the event of a breach of this Agreement,
Contracting Party shall be liable for and shall pay to City the sum of One
Thousand dollars ($1,000.00) as liquidated damages for each working day of
delay in the performance of any of the Services required hereunder, as
specified in the Schedule of Performance. In addition, liquidated damages
may be assessed for failure to comply with the emergency call out
requirements, if any, described in the Scope of Services. City may withhold
from any moneys payable on account of the Services performed by
Contracting Party any accrued liquidated damages.
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Exhibit B
Page 1 of 3
Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for
in Section 2.3 of this Agreement, the maximum total compensation to be paid
to Contracting Party under this Agreement is not to exceed Fifty Thousand
Dollars ($ 50,000.00) per year for the life of the agreement, encompassing
the initial and any extended terms (“Contract Sum”). The Contract Sum shall
be paid to Contracting Party in installment payments made on a monthly basis
and in an amount identified in Contracting Party’s schedule of compensation
attached hereto for the work tasks performed and properly invoiced by
Contracting Party in conformance with Section 2.2 of this Agreement.
57
500
500
300
300
20
50
200 200
165
Exhibit B
Page 2 of 3
58
Revised June 2021
RATE SCHEDULE2021- 2022
HOURLY
RATE
Principal in Charge .. .......... .......... .......... ...................... .......... .......... .......... $175.00
Project Manager/Construction Manager/Licensed Surveyor ..... .......... .......... $165.00
Senior Engineer/Project Engineer (PE)/Senior Plan Checker.... .......... .......... $155.00
Associate Engineer . .......... .......... .......... ...................... .......... .......... .......... $145.00
Assistant Engineer/Plan Checker/Designer .................... .......... .......... .......... $135.00
AutoCAD Technician .......... .......... .......... ...................... .......... .......... .......... $125.00
Engineering Technician ...... .......... .......... ...................... .......... .......... .......... $ 90.00
Clerical ........ .......... ......... .......... .......... ...................... .......... .......... .......... $ 85.00
Forensic Engineering ......... .......... .......... ...................... .......... .......... .......... $250.00
Expert Witness Testimony .......... .......... ...................... .......... .......... .......... $350.00
SURVEYING SERVICES
2-Man Survey Crew (Prevailing Wage) .... ...................... .......... .......... .......... $240.00
CONSTRUCTION SERVICES
Senior Construction Inspector (Prevailing Wage) ........... .......... .......... .......... $120.00
Construction Inspector (Prevailing Wage) ...................... .......... .......... .......... $110.00
REIMBURSABLE COSTS
In-house Reproduction ...... .......... .......... ...................... .......... .......... .......... Cost
Printing and Materials ........ .......... .......... ...................... .......... .......... .......... Cost + 10%
Express Mail/Courier/Next Day Service .. ...................... .......... .......... .......... Cost + 10%
Special Subconsultant Services ... .......... ...................... .......... .......... .......... Cost + 10%
Exhibit B
Page 3 of 3 59
Exhibit C
Page 1 of 1
Exhibit C
Schedule of Performance
Contracting Party shall complete all services identified in the Scope of
Services, Exhibit A of this Agreement, as requested, within the time allowed
by the contract term.
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Exhibit D
Page 1 of 1
Exhibit D
Special Requirements
NONE
61
Exhibit E
Page 1 of 6
Exhibit E
Insurance Requirements
E.1 Insurance. Prior to the beginning of and throughout the duration of
this Agreement, the following policies shall be maintained and kept in full force
and effect providing insurance with minimum limits as indicated below and
issued by insurers with A.M. Best ratings of no less than A-VI:
Commercial General Liability (at least as broad as ISO CG 0001)
$1,000,000 (per occurrence)
$2,000,000 (general aggregate)
Must include the following endorsements:
General Liability Additional Insured
General Liability Primary and Non-contributory
Commercial Auto Liability (at least as broad as ISO CA 0001)
$1,000,000 (per accident)
Personal Auto Declaration Page if applicable
Errors and Omissions Liability
$1,000,000 (per claim and aggregate)
Workers’ Compensation
(per statutory requirements)
Must include the following endorsements:
Workers Compensation with Waiver of Subrogation
Workers Compensation Declaration of Sole Proprietor if applicable
Contracting Party shall procure and maintain, at its cost, and submit
concurrently with its execution of this Agreement, Commercial General
Liability insurance against all claims for injuries against persons or damages
to property resulting from Contracting Party’s acts or omissions rising out of
or related to Contracting Party’s performance under this Agreement. The
insurance policy shall contain a severability of interest clause providing that
the coverage shall be primary for losses arising out of Contracting Party’s
performance hereunder and neither City nor its insurers shall be required to
contribute to any such loss. An endorsement evidencing the foregoing and
naming the City and its officers and employees as additional insured (on the
Commercial General Liability policy only) must be submitted concurrently with
the execution of this Agreement and approved by City prior to commencement
of the services hereunder.
Contracting Party shall carry automobile liability insurance of
$1,000,000 per accident against all claims for injuries against persons or
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Exhibit E
Page 2 of 6
damages to property arising out of the use of any automobile by Contracting
Party, its officers, any person directly or indirectly employed by Contracting
Party, any subcontractor or agent, or anyone for whose acts any of them may
be liable, arising directly or indirectly out of or related to Contracting Party’s
performance under this Agreement. If Contracting Party or Contracting
Party’s employees will use personal autos in any way on this project,
Contracting Party shall provide evidence of personal auto liability coverage for
each such person. The term “automobile” includes, but is not limited to, a
land motor vehicle, trailer or semi-trailer designed for travel on public roads.
The automobile insurance policy shall contain a severability of interest clause
providing that coverage shall be primary for losses arising out of Contracting
Party’s performance hereunder and neither City nor its insurers shall be
required to contribute to such loss.
Professional Liability or Errors and Omissions Insurance as
appropriate shall be written on a policy form coverage specifically designed to
protect against acts, errors or omissions of the Contracting Party and “Covered
Professional Services” as designated in the policy must specifically include
work performed under this agreement. The policy limit shall be no less than
$1,000,000 per claim and in the aggregate. The policy must “pay on behalf
of” the insured and must include a provision establishing the insurer’s duty to
defend. The policy retroactive date shall be on or before the effective date of
this agreement.
Contracting Party shall carry Workers’ Compensation Insurance in
accordance with State Worker’s Compensation laws with employer’s liability
limits no less than $1,000,000 per accident or disease.
If coverage is maintained on a claims-made basis, Contracting Party shall
maintain such coverage for an additional period of three (3) years following
termination of the contract.
Contracting Party shall provide written notice to City within ten
(10) working days if: (1) any of the required insurance policies is terminated;
(2) the limits of any of the required polices are reduced; or (3) the deductible
or self-insured retention is increased. In the event any of said policies of
insurance are cancelled, Contracting Party shall, prior to the cancellation date,
submit new evidence of insurance in conformance with this Exhibit to the
Contract Officer. The procuring of such insurance or the delivery of policies
or certificates evidencing the same shall not be construed as a limitation of
Contracting Party’s obligation to indemnify City, its officers, employees,
contractors, subcontractors, or agents.
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
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Exhibit E
Page 3 of 6
endorsements to the extent and within the time herein required, City may, at
its sole option:
a. Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under this Agreement.
b. Order Contracting Party to stop work under this Agreement
and/or withhold any payment(s) which become due to Contracting Party
hereunder until Contracting Party demonstrates compliance with the
requirements hereof.
c. Terminate this Agreement.
Exercise any of the above remedies, however, is an alternative to
any other remedies City may have. The above remedies are not the exclusive
remedies for Contracting Party’s failure to maintain or secure appropriate
policies or endorsements. Nothing herein contained shall be construed as
limiting in any way the extent to which Contracting Party may be held
responsible for payments of damages to persons or property resulting from
Contracting Party’s or its subcontractors’ performance of work under this
Agreement.
E.3 General Conditions Pertaining to Provisions of Insurance Coverage
by Contracting Party. Contracting Party and City agree to the following with
respect to insurance provided by Contracting Party:
1. Contracting Party agrees to have its insurer endorse the third
party general liability coverage required herein to include as additional
insureds City, its officials, employees, and agents, using standard ISO
endorsement No. CG 2010 with an edition prior to 1992. Contracting Party
also agrees to require all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this
Agreement shall prohibit Contracting Party, or Contracting Party’s employees,
or agents, from waiving the right of subrogation prior to a loss. Contracting
Party agrees to waive subrogation rights against City regardless of the
applicability of any insurance proceeds, and to require all contractors and
subcontractors to do likewise.
3. All insurance coverage and limits provided by Contracting Party
and available or applicable to this Agreement are intended to apply to the full
extent of the policies. Nothing contained in this Agreement or any other
agreement relating to City or its operations limits the application of such
insurance coverage.
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Exhibit E
Page 4 of 6
4. None of the coverages required herein will be in compliance with
these requirements if they include any limiting endorsement of any kind that
has not been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that
would serve to eliminate so-called “third party action over” claims, including
any exclusion for bodily injury to an employee of the insured or of any
contractor or subcontractor.
6. All coverage types and limits required are subject to approval,
modification and additional requirements by the City, as the need arises.
Contracting Party shall not make any reductions in scope of coverage (e.g.
elimination of contractual liability or reduction of discovery period) that may
affect City’s protection without City’s prior written consent.
7. Proof of compliance with these insurance requirements, consisting
of certificates of insurance evidencing all the coverages required and an
additional insured endorsement to Contracting Party’s general liability policy,
shall be delivered to City at or prior to the execution of this Agreement. In
the event such proof of any insurance is not delivered as required, or in the
event such insurance is canceled at any time and no replacement coverage is
provided, City has the right, but not the duty, to obtain any insurance it deems
necessary to protect its interests under this or any other agreement and to
pay the premium. Any premium so paid by City shall be charged to and
promptly paid by Contracting Party or deducted from sums due Contracting
Party, at City option.
8. It is acknowledged by the parties of this agreement that all
insurance coverage required to be provided by Contracting Party or any
subcontractor, is intended to apply first and on a primary, non-contributing
basis in relation to any other insurance or self-insurance available to City.
9. Contracting Party agrees to ensure that subcontractors, and any
other party involved with the project that is brought onto or involved in the
project by Contracting Party, provide the same minimum insurance coverage
required of Contracting Party. Contracting Party agrees to monitor and review
all such coverage and assumes all responsibility for ensuring that such
coverage is provided in conformity with the requirements of this section.
Contracting Party agrees that upon request, all agreements with
subcontractors and others engaged in the project will be submitted to City for
review.
10. Contracting Party agrees not to self-insure or to use any self-
insured retentions or deductibles on any portion of the insurance required
herein (with the exception of professional liability coverage, if required) and
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Exhibit E
Page 5 of 6
further agrees that it will not allow any contractor, subcontractor, Architect,
Engineer or other entity or person in any way involved in the performance of
work on the project contemplated by this agreement to self-insure its
obligations to City. If Contracting Party’s existing coverage includes a
deductible or self-insured retention, the deductible or self-insured retention
must be declared to the City. At that time the City shall review options with
the Contracting Party, which may include reduction or elimination of the
deductible or self-insured retention, substitution of other coverage, or other
solutions.
11.The City reserves the right at any time during the term of this
Agreement to change the amounts and types of insurance required by giving
the Contracting Party ninety (90) days advance written notice of such change.
If such change results in substantial additional cost to the Contracting Party,
the City will negotiate additional compensation proportional to the increased
benefit to City.
12.For purposes of applying insurance coverage only, this Agreement
will be deemed to have been executed immediately upon any party hereto
taking any steps that can be deemed to be in furtherance of or towards
performance of this Agreement.
13.Contracting Party acknowledges and agrees that any actual or
alleged failure on the part of City to inform Contracting Party of non-
compliance with any insurance requirement in no way imposes any additional
obligations on City nor does it waive any rights hereunder in this or any other
regard.
14.Contracting Party will renew the required coverage annually as
long as City, or its employees or agents face an exposure from operations of
any type pursuant to this agreement. This obligation applies whether the
agreement is canceled or terminated for any reason. Termination of this
obligation is not effective until City executes a written statement to that effect.
15.Contracting Party shall provide proof that policies of insurance
required herein expiring during the term of this Agreement have been renewed
or replaced with other policies providing at least the same coverage. Proof
that such coverage has been ordered shall be submitted prior to expiration.
A coverage binder or letter from Contracting Party’s insurance agent to this
effect is acceptable. A certificate of insurance and an additional insured
endorsement is required in these specifications applicable to the renewing or
new coverage must be provided to City within five (5) days of the expiration
of coverages.
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Exhibit E
Page 6 of 6
16. The provisions of any workers’ compensation or similar act will not
limit the obligations of Contracting Party under this agreement. Contracting
Party expressly agrees not to use any statutory immunity defenses under such
laws with respect to City, its employees, officials, and agents.
17. Requirements of specific coverage features, or limits contained in
this section are not intended as limitations on coverage, limits or other
requirements nor as a waiver of any coverage normally provided by any given
policy. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue and is not intended by any
party or insured to be limiting or all-inclusive.
18. These insurance requirements are intended to be separate and
distinct from any other provision in this Agreement and are intended by the
parties here to be interpreted as such.
19. The requirements in this Exhibit supersede all other sections and
provisions of this Agreement to the extent that any other section or provision
conflicts with or impairs the provisions of this Exhibit.
20. Contracting Party agrees to be responsible for ensuring that no
contract used by any party involved in any way with the project reserves the
right to charge City or Contracting Party for the cost of additional insurance
coverage required by this agreement. Any such provisions are to be deleted
with reference to City. It is not the intent of City to reimburse any third party
for the cost of complying with these requirements. There shall be no recourse
against City for payment of premiums or other amounts with respect thereto.
21. Contracting Party agrees to provide immediate notice to City of
any claim or loss against Contracting Party arising out of the work performed
under this agreement. City assumes no obligation or liability by such notice,
but has the right (but not the duty) to monitor the handling of any such claim
or claims if they are likely to involve City.
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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
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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
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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.
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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 Eric Nelson DBA RASA (“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 On-
Call Map Checking Services, as specified in the “Scope of Services” attached
hereto as “Exhibit A” and incorporated herein by this reference (the
“Services”). Contracting Party represents and warrants that Contracting Party
is a provider of first-class work and/or services and Contracting Party is
experienced in performing the Services contemplated herein and, in light of
such status and experience, Contracting Party covenants that it shall follow
industry standards in performing the Services required hereunder, and that
all materials, if any, will be of good quality, fit for the purpose intended. For
purposes of this Agreement, the phrase “industry standards” shall mean those
standards of practice recognized by one or more first-class firms performing
similar services under similar circumstances.
1.2 Compliance with Law. All Services rendered hereunder shall be
provided in accordance with all ordinances, resolutions, statutes, rules,
regulations, and laws of the City and any Federal, State, or local governmental
agency of competent jurisdiction.
1.3 Wage and Hour Compliance, Contracting Party shall comply with
applicable Federal, State, and local wage and hour laws.
1.4 Licenses, Permits, Fees and Assessments. Except as otherwise
specified herein, Contracting Party shall obtain at its sole cost and expense
such licenses, permits, and approvals as may be required by law for the
performance of the Services required by this Agreement, including a City of
La Quinta business license. Contracting Party and its employees, agents, and
subcontractors shall, at their sole cost and expense, keep in effect at all times
during the term of this Agreement any licenses, permits, and approvals that
are legally required for the performance of the Services required by this
Agreement. Contracting Party shall have the sole obligation to pay for any
fees, assessments, and taxes, plus applicable penalties and interest, which
may be imposed by law and arise from or are necessary for the performance
of the Services required by this Agreement, and shall indemnify, defend (with
counsel selected by City), and hold City, its elected officials, officers,
employees, and agents, free and harmless against any such fees,
ATTACHMENT 2
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assessments, taxes, penalties, or interest levied, assessed, or imposed
against City hereunder. Contracting Party shall be responsible for all
subcontractors’ compliance with this Section.
1.5 Familiarity with Work. By executing this Agreement, Contracting
Party warrants that (a) it has thoroughly investigated and considered the
Services to be performed, (b) it has investigated the site where the Services
are to be performed, if any, and fully acquainted itself with the conditions
there existing, (c) it has carefully considered how the Services should be
performed, and (d) it fully understands the facilities, difficulties, and
restrictions attending performance of the Services under this Agreement.
Should Contracting Party discover any latent or unknown conditions materially
differing from those inherent in the Services or as represented by City,
Contracting Party shall immediately inform City of such fact and shall not
proceed except at Contracting Party’s risk until written instructions are
received from the Contract Officer, or assigned designee (as defined in
Section 4.2 hereof).
1.6 Standard of Care. Contracting Party acknowledges and
understands that the Services contracted for under this Agreement require
specialized skills and abilities and that, consistent with this understanding,
Contracting Party’s work will be held to an industry standard of quality and
workmanship. Consistent with Section 1.5 hereinabove, Contracting Party
represents to City that it holds the necessary skills and abilities to satisfy the
industry standard of quality as set forth in this Agreement. Contracting Party
shall adopt reasonable methods during the life of this Agreement to furnish
continuous protection to the Services performed by Contracting Party, and the
equipment, materials, papers, and other components thereof to prevent losses
or damages, and shall be responsible for all such damages, to persons or
property, until acceptance of the Services by City, except such losses or
damages as may be caused by City’s own negligence. The performance of
Services by Contracting Party shall not relieve Contracting Party from any
obligation to correct any incomplete, inaccurate, or defective work at no
further cost to City, when such inaccuracies are due to the negligence of
Contracting Party.
1.7 Additional Services. In accordance with the terms and conditions
of this Agreement, Contracting Party shall perform services in addition to
those specified in the Scope of Services (“Additional Services”) only when
directed to do so by the Contract Officer, or assigned designee, provided
that Contracting Party shall not be required to perform any Additional Services
without compensation. Contracting Party shall not perform any Additional
Services until receiving prior written authorization (in the form of a written
change order if Contracting Party is a contractor performing the Services) from
the Contract Officer, or assigned designee, incorporating therein any
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adjustment in (i) the Contract Sum, and/or (ii) the time to perform this
Agreement, which said adjustments are subject to the written approval of
Contracting Party. It is expressly understood by Contracting Party that the
provisions of this Section shall not apply to the Services specifically set forth
in the Scope of Services or reasonably contemplated therein. It is specifically
understood and agreed that oral requests and/or approvals of Additional
Services shall be barred and are unenforceable. Failure of Contracting Party
to secure the Contract Officer’s, or assigned designee’s written authorization
for Additional Services shall constitute a waiver of any and all right to
adjustment of the Contract Sum or time to perform this Agreement, whether
by way of compensation, restitution, quantum meruit, or the like, for
Additional Services provided without the appropriate authorization from the
Contract Officer, or assigned designee. Compensation for properly
authorized Additional Services shall be made in accordance with Section 2.3
of this Agreement.
1.8 Special Requirements. Additional terms and conditions of this
Agreement, if any, which are made a part hereof are set forth in “Exhibit D”
(the “Special Requirements”), which is incorporated herein by this reference
and expressly made a part hereof. In the event of a conflict between the
provisions of the Special Requirements and any other provisions of this
Agreement, the provisions of the Special Requirements shall govern.
2. COMPENSATION.
2.1 Contract Sum. For the Services rendered pursuant to this
Agreement, Contracting Party shall be compensated in accordance with
“Exhibit B” (the “Schedule of Compensation”) in the amount of Fifty Thousand
Dollars ($50,000.00) per year for the life of the Agreement, encompassing
the initial and any extended terms (the “Contract Sum”), except as provided
in Section 1.7. Contractor expressly acknowledges and agrees that the
Contract Sum in this Agreement is the annual aggregate total amount covering
this Agreement, that certain Agreement for Contract Services by and between
the City and TKE Engineering, Inc., of or about even date as this Agreement,
such that the Contract Sum as defined herein is the maximum amount
available for services provided under both agreements. The method of
compensation set forth in the Schedule of Compensation may include a lump
sum payment upon completion, payment in accordance with the percentage
of completion of the Services, payment for time and materials based upon
Contracting Party’s rate schedule, but not exceeding the Contract Sum, or
such other reasonable methods as may be specified in the Schedule of
Compensation. The Contract Sum shall include the attendance of Contracting
Party at all project meetings reasonably deemed necessary by City;
Contracting Party shall not be entitled to any additional compensation for
attending said meetings. Compensation may include reimbursement for
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actual and necessary expenditures for reproduction costs, transportation
expense, telephone expense, and similar costs and expenses when and if
specified in the Schedule of Compensation. Regardless of the method of
compensation set forth in the Schedule of Compensation, Contracting Party’s
overall compensation shall not exceed the Contract Sum, except as provided
in Section 1.7 of this Agreement.
2.2 Method of Billing & Payment. Any month in which Contracting
Party wishes to receive payment, Contracting Party shall submit to City no
later than the tenth (10th) working day of such month, in the form approved
by City’s Finance Director, an invoice for Services rendered prior to the date
of the invoice. Such invoice shall (1) describe in detail the Services provided,
including time and materials, and (2) specify each staff member who has
provided Services and the number of hours assigned to each such staff
member. Such invoice shall contain a certification by a principal member of
Contracting Party specifying that the payment requested is for Services
performed in accordance with the terms of this Agreement. Upon approval in
writing by the Contract Officer, or assigned designee, and subject to
retention pursuant to Section 8.3, City will pay Contracting Party for all items
stated thereon which are approved by City pursuant to this Agreement no
later than thirty (30) days after invoices are received by the City’s Finance
Department.
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.
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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
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, 2022, and terminate on June 30, 2025 (“Initial Term”). This
Agreement may be extended for two (2) additional year(s) upon mutual
agreement by both parties (“Extended Term”), and executed in writing.
4. COORDINATION OF WORK.
4.1 Representative of Contracting Party. The following principals of
Contracting Party (“Principals”) are hereby designated as being the principals
and representatives of Contracting Party authorized to act in its behalf with
respect to the Services specified herein and make all decisions in connection
therewith:
(a) Name: Eric Nelson, PLS
(b) Phone: (760) 738-8709
(c) Email: eric.n.rasa@gmail.com
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It is expressly understood that the experience, knowledge, capability,
and reputation of the foregoing Principals were a substantial inducement for
City to enter into this Agreement. Therefore, the foregoing Principals shall be
responsible during the term of this Agreement for directing all activities of
Contracting Party and devoting sufficient time to personally supervise the
Services hereunder. For purposes of this Agreement, the foregoing Principals
may not be changed by Contracting Party and no other personnel may be
assigned to perform the Services required hereunder without the express
written approval of City.
4.2 Contract Officer. The “Contract Officer”, otherwise known as
the Bryan McKinney, Public Works Director or assigned designee may
be designated in writing by the City Manager of the City. It shall be
Contracting Party’s responsibility to assure that the Contract Officer, or
assigned designee, is kept informed of the progress of the performance of
the Services, and Contracting Party shall refer any decisions, that must be
made by City to the Contract Officer, or assigned designee. Unless
otherwise specified herein, any approval of City required hereunder shall mean
the approval of the Contract Officer, or assigned designee. The Contract
Officer, or assigned designee, shall have authority to sign all documents on
behalf of City required hereunder to carry out the terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignment. The
experience, knowledge, capability, and reputation of Contracting Party, its
principals, and its employees were a substantial inducement for City to enter
into this Agreement. Except as set forth in this Agreement, Contracting Party
shall not contract or subcontract with any other entity to perform in whole or
in part the Services required hereunder without the express written approval
of City. In addition, neither this Agreement nor any interest herein may be
transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or
by operation of law, without the prior written approval of City. Transfers
restricted hereunder shall include the transfer to any person or group of
persons acting in concert of more than twenty five percent (25%) of the
present ownership and/or control 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,
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representatives, or agents, or in fixing their number or hours of service.
Contracting Party shall perform all Services required herein as an independent
contractor of City and shall remain at all times as to City a wholly independent
contractor with only such obligations as are consistent with that role.
Contracting Party shall not at any time or in any manner represent that it or
any of its agents or employees are agents or employees of City. City shall not
in any way or for any purpose become or be deemed to be a partner of
Contracting Party in its business or otherwise or a joint venture or a member
of any joint enterprise with Contracting Party. Contracting Party shall have
no power to incur any debt, obligation, or liability on behalf of City.
Contracting Party shall not at any time or in any manner represent that it or
any of its agents or employees are agents or employees of City. Except for
the Contract Sum paid to Contracting Party as provided in this Agreement,
City shall not pay salaries, wages, or other compensation to Contracting Party
for performing the Services hereunder for City. City shall not be liable for
compensation or indemnification to Contracting Party for injury or sickness
arising out of performing the Services hereunder. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the
contrary, Contracting Party and any of its employees, agents, and
subcontractors providing services under this Agreement shall not qualify for
or become entitled to any compensation, benefit, or any incident of
employment by City, including but not limited to eligibility to enroll in the
California Public Employees Retirement System (“PERS”) as an employee of
City and entitlement to any contribution to be paid by City for employer
contributions and/or employee contributions for PERS benefits. Contracting
Party agrees to pay all required taxes on amounts paid to Contracting Party
under this Agreement, and to indemnify and hold City harmless from any and
all taxes, assessments, penalties, and interest asserted against City by reason
of the independent contractor relationship created by this Agreement.
Contracting Party shall fully comply with the workers’ compensation laws
regarding Contracting Party and Contracting Party’s employees. Contracting
Party further agrees to indemnify and hold City harmless from any failure of
Contracting Party to comply with applicable workers’ compensation laws. City
shall have the right to offset against the amount of any payment due to
Contracting Party under this Agreement any amount due to City from
Contracting Party as a result of Contracting Party’s failure to promptly pay to
City any reimbursement or indemnification arising under this Section.
4.5 Identity of Persons Performing Work. Contracting Party
represents that it employs or will employ at its own expense all personnel
required for the satisfactory performance of any and all of the Services set
forth herein. Contracting Party represents that the Services required herein
will be performed by Contracting Party or under its direct supervision, and
that all personnel engaged in such work shall be fully qualified and shall be
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authorized and permitted under applicable State and local law to perform such
tasks and services.
4.6 City Cooperation. City shall provide Contracting Party with any
plans, publications, reports, statistics, records, or other data or information
pertinent to the Services to be performed hereunder which are reasonably
available to Contracting Party only from or through action by City.
5. INSURANCE.
5.1 Insurance. Prior to the beginning of any Services under this
Agreement and throughout the duration of the term of this Agreement,
Contracting Party shall procure and maintain, at its sole cost and expense,
and submit concurrently with its execution of this Agreement, policies of
insurance as set forth in “Exhibit E” (the “Insurance Requirements”) which is
incorporated herein by this reference and expressly made a part hereof.
5.2 Proof of Insurance. Contracting Party shall provide Certificate of
Insurance to Agency along with all required endorsements. Certificate of
Insurance and endorsements must be approved by Agency’s Risk Manager
prior to commencement of performance.
6. INDEMNIFICATION.
6.1 Indemnification. To the fullest extent permitted by law,
Contracting Party shall indemnify, protect, defend (with counsel selected by
City), and hold harmless City and any and all of its officers, employees,
agents, and volunteers as set forth in “Exhibit F” (“Indemnification”) which is
incorporated herein by this reference and expressly made a part hereof.
7. RECORDS AND REPORTS.
7.1 Reports. Contracting Party shall periodically prepare and submit
to the Contract Officer, or assigned designee, such reports concerning
Contracting Party’s performance of the Services required by this Agreement
as the Contract Officer, or assigned designee, shall require. Contracting
Party hereby acknowledges that City is greatly concerned about the cost of
the Services to be performed pursuant to this Agreement. For this reason,
Contracting Party agrees that if Contracting Party becomes aware of any facts,
circumstances, techniques, or events that may or will materially increase or
decrease the cost of the Services contemplated herein or, if Contracting Party
is providing design services, the cost of the project being designed,
Contracting Party shall promptly notify the Contract Officer, or assigned
designee, of said fact, circumstance, technique, or event and the estimated
increased or decreased cost related thereto and, if Contracting Party is
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providing design services, the estimated increased or decreased cost estimate
for the project being designed.
7.2 Records. Contracting Party shall keep, and require any
subcontractors to keep, such ledgers, books of accounts, invoices, vouchers,
canceled checks, reports (including but not limited to payroll reports), studies,
or other documents relating to the disbursements charged to City and the
Services performed hereunder (the “Books and Records”), as shall be
necessary to perform the Services required by this Agreement and enable the
Contract Officer, or assigned designee, to evaluate the performance of such
Services. Any and all such Books and Records shall be maintained in
accordance with generally accepted accounting principles and shall be
complete and detailed. The Contract Officer, or assigned designee, shall
have full and free access to such Books and Records at all times during normal
business hours of City, including the right to inspect, copy, audit, and make
records and transcripts from such Books and Records. Such Books and
Records shall be maintained for a period of three (3) years following
completion of the Services hereunder, and City shall have access to such
Books and Records in the event any audit is required. In the event of
dissolution of Contracting Party’s business, custody of the Books and Records
may be given to City, and access shall be provided by Contracting Party’s
successor in interest. Under California Government Code Section 8546.7, if
the amount of public funds expended under this Agreement exceeds Ten
Thousand Dollars ($10,000.00), this Agreement shall be subject to the
examination and audit of the State Auditor, at the request of City or as part
of any audit of City, for a period of three (3) years after final payment under
this Agreement.
7.3 Ownership of Documents. All drawings, specifications, maps,
designs, photographs, studies, surveys, data, notes, computer files, reports,
records, documents, and other materials plans, drawings, estimates, test
data, survey results, models, renderings, and other documents or works of
authorship fixed in any tangible medium of expression, including but not
limited to, physical drawings, digital renderings, or data stored digitally,
magnetically, or in any other medium prepared or caused to be prepared by
Contracting Party, its employees, subcontractors, and agents in the
performance of this Agreement (the “Documents and Materials”) shall be the
property of City and shall be delivered to City upon request of the Contract
Officer, or assigned designee, or upon the expiration or termination of this
Agreement, and Contracting Party shall have no claim for further employment
or additional compensation as a result of the exercise by City of its full rights
of ownership use, reuse, or assignment of the Documents and Materials
hereunder. Any use, reuse or assignment of such completed Documents and
Materials for other projects and/or use of uncompleted documents without
specific written authorization by Contracting Party will be at City’s sole risk
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and without liability to Contracting Party, and Contracting Party’s guarantee
and warranties shall not extend to such use, revise, or assignment.
Contracting Party may retain copies of such Documents and Materials for its
own use. Contracting Party shall have an unrestricted right to use the
concepts embodied therein. All subcontractors shall provide for assignment
to City of any Documents and Materials prepared by them, and in the event
Contracting Party fails to secure such assignment, Contracting Party shall
indemnify City for all damages resulting therefrom.
7.4 In the event City or any person, firm, or corporation authorized
by City reuses said Documents and Materials without written verification or
adaptation by Contracting Party for the specific purpose intended and causes
to be made or makes any changes or alterations in said Documents and
Materials, City hereby releases, discharges, and exonerates Contracting Party
from liability resulting from said change. The provisions of this clause shall
survive the termination or expiration of this Agreement and shall thereafter
remain in full force and effect.
7.5 Licensing of Intellectual Property. This Agreement creates a non-
exclusive and perpetual license for City to copy, use, modify, reuse, or
sublicense any and all copyrights, designs, rights of reproduction, and other
intellectual property embodied in the Documents and Materials. Contracting
Party shall require all subcontractors, if any, to agree in writing that City is
granted a non-exclusive and perpetual license for the Documents and
Materials the subcontractor prepares under this Agreement. Contracting Party
represents and warrants that Contracting Party has the legal right to license
any and all of the Documents and Materials. Contracting Party makes no such
representation and warranty in regard to the Documents and Materials which
were prepared by design professionals other than Contracting Party or
provided to Contracting Party by City. City shall not be limited in any way in
its use of the Documents and Materials at any time, provided that any such
use not within the purposes intended by this Agreement shall be at City’s sole
risk.
7.6 Release of Documents. The Documents and Materials shall not be
released publicly without the prior written approval of the Contract Officer, or
assigned designee, or as required by law. Contracting Party shall not
disclose to any other entity or person any information regarding the activities
of City, except as required by law or as authorized by City.
7.7 Confidential or Personal Identifying Information. Contracting
Party covenants that all City data, data lists, trade secrets, documents with
personal identifying information, documents that are not public records, draft
documents, discussion notes, or other information, if any, developed or
received by Contracting Party or provided for performance of this Agreement
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are deemed confidential and shall not be disclosed by Contracting Party to any
person or entity without prior written authorization by City or unless required
by law. City shall grant authorization for disclosure if required by any lawful
administrative or legal proceeding, court order, or similar directive with the
force of law. All City data, data lists, trade secrets, documents with personal
identifying information, documents that are not public records, draft
documents, discussions, or other information shall be returned to City upon
the termination or expiration of this Agreement. Contracting Party’s covenant
under this section shall survive the termination or expiration of this
Agreement.
8. ENFORCEMENT OF AGREEMENT.
8.1 California Law. This Agreement shall be interpreted, construed,
and governed both as to validity and to performance of the parties in
accordance with the laws of the State of California. Legal actions concerning
any dispute, claim, or matter arising out of or in relation to this Agreement
shall be instituted in the Superior Court of the County of Riverside, State of
California, or any other appropriate court in such county, and Contracting
Party covenants and agrees to submit to the personal jurisdiction of such court
in the event of such action.
8.2 Disputes. In the event of any dispute arising under this
Agreement, the injured party shall notify the injuring party in writing of its
contentions by submitting a claim therefore. The injured party shall continue
performing its obligations hereunder so long as the injuring party commences
to cure such default within ten (10) days of service of such notice and
completes the cure of such default within forty-five (45) days after service of
the notice, or such longer period as may be permitted by the Contract Officer,
or assigned designee; provided that if the default is an immediate danger to
the health, safety, or general welfare, City may take such immediate action
as City deems warranted. Compliance with the provisions of this Section shall
be a condition precedent to termination of this Agreement for cause and to
any legal action, and such compliance shall not be a waiver of any party’s right
to take legal action in the event that the dispute is not cured, provided that
nothing herein shall limit City’s right to terminate this Agreement without
cause pursuant to this Article 8.0. During the period of time that Contracting
Party is in default, City shall hold all invoices and shall, when the default is
cured, proceed with payment on the invoices. In the alternative, City may, in
its sole discretion, elect to pay some or all of the outstanding invoices during
any period of default.
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
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default of Contracting Party in the performance of the Services required by
this Agreement.
8.4 Waiver. No delay or omission in the exercise of any right or
remedy of a non-defaulting party on any default shall impair such right or
remedy or be construed as a waiver. City’s consent or approval of any act by
Contracting Party requiring City’s consent or approval shall not be deemed to
waive or render unnecessary City’s consent to or approval of any subsequent
act of Contracting Party. Any waiver by either party of any default must be in
writing and shall not be a waiver of any other default concerning the same or
any other provision of this Agreement.
8.5 Rights and Remedies are Cumulative. Except with respect to
rights and remedies expressly declared to be exclusive in this Agreement, the
rights and remedies of the parties are cumulative and the exercise by either
party of one or more of such rights or remedies shall not preclude the exercise
by it, at the same or different times, of any other rights or remedies for the
same default or any other default by the other party.
8.6 Legal Action. In addition to any other rights or remedies, either
party may take legal action, at law or at equity, to cure, correct, or remedy
any default, to recover damages for any default, to compel specific
performance of this Agreement, to obtain declaratory or injunctive relief, or
to obtain any other remedy consistent with the purposes of this Agreement.
8.7 Termination Prior To Expiration of Term. This Section shall govern
any termination of this Agreement, except as specifically provided in the
following Section for termination for cause. City reserves the right to
terminate this Agreement at any time, with or without cause, upon thirty
(30) days’ written notice to Contracting Party. Upon receipt of any notice of
termination, Contracting Party shall immediately cease all Services hereunder
except such as may be specifically approved by the Contract Officer, or
assigned designee. Contracting Party shall be entitled to compensation for
all Services rendered prior to receipt of the notice of termination and for any
Services authorized by the Contract Officer, or assigned designee, thereafter
in accordance with the Schedule of Compensation or such as may be approved
by the Contract Officer, or assigned designee, except amounts held as a
retention pursuant to this Agreement.
8.8 Termination for Default of Contracting Party. If termination is due
to the failure of Contracting Party to fulfill its obligations under this Agreement,
Contracting Party shall vacate any City-owned property which Contracting
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
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to the extent that the total cost for completion of the Services required
hereunder exceeds the compensation herein stipulated (provided that City
shall use reasonable efforts to mitigate such damages), and City may withhold
any payments to Contracting Party for the purpose of setoff or partial payment
of the amounts owed City.
8.9 Attorneys’ Fees. If either party to this Agreement is required to
initiate or defend or made a party to any action or proceeding in any way
connected with this Agreement, the prevailing party in such action or
proceeding, in addition to any other relief which may be granted, whether
legal or equitable, shall be entitled to reasonable attorneys’ fees; provided,
however, that the attorneys’ fees awarded pursuant to this Section shall not
exceed the hourly rate paid by City for legal services multiplied by the
reasonable number of hours spent by the prevailing party in the conduct of
the litigation. Attorneys’ fees shall include attorneys’ fees on any appeal, and
in addition a party entitled to attorneys’ fees shall be entitled to all other
reasonable costs for investigating such action, taking depositions and
discovery, and all other necessary costs the court allows which are incurred in
such litigation. All such fees shall be deemed to have accrued on
commencement of such action and shall be enforceable whether or not such
action is prosecuted to judgment. The court may set such fees in the same
action or in a separate action brought for that purpose.
9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.
9.1 Non-liability of City Officers and Employees. No officer, official,
employee, agent, representative, or volunteer of City shall be personally liable
to Contracting Party, or any successor in interest, in the event or any default
or breach by City or for any amount which may become due to Contracting
Party or to its successor, or for breach of any obligation of the terms of this
Agreement.
9.2 Conflict of Interest. Contracting Party covenants that neither it,
nor any officer or principal of it, has or shall acquire any interest, directly or
indirectly, which would conflict in any manner with the interests of City or
which would in any way hinder Contracting Party’s performance of the
Services under this Agreement. Contracting Party further covenants that in
the performance of this Agreement, no person having any such interest shall
be employed by it as an officer, employee, agent, or subcontractor without
the express written consent of the Contract Officer, or assigned designee.
Contracting Party agrees to at all times avoid conflicts of interest or the
appearance of any conflicts of interest with the interests of City in the
performance of this Agreement.
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No officer or employee of City shall have any financial interest, direct
or indirect, in this Agreement nor shall any such officer or employee
participate in any decision relating to this Agreement which effects his financial
interest or the financial interest of any corporation, partnership or association
in which he is, directly or indirectly, interested, in violation of any State statute
or regulation. Contracting Party warrants that it has not paid or given and will
not pay or give any third party any money or other consideration for obtaining
this Agreement.
9.3 Covenant against Discrimination. Contracting Party covenants
that, by and for itself, its heirs, executors, assigns, and all persons claiming
under or through them, that there shall be no discrimination against or
segregation of, any person or group of persons on account of any
impermissible classification including, but not limited to, race, color, creed,
religion, sex, marital status, sexual orientation, national origin, or ancestry in
the performance of this Agreement. Contracting Party shall take affirmative
action to ensure that applicants are employed and that employees are treated
during employment without regard to their race, color, creed, religion, sex,
marital status, sexual orientation, national origin, or ancestry.
10. MISCELLANEOUS PROVISIONS.
10.1 Notice. Any notice, demand, request, consent, approval, or
communication either party desires or is required to give the other party or
any other person shall be in writing and either served personally or sent by
prepaid, first-class mail to the address set forth below. Either party may
change its address by notifying the other party of the change of address in
writing. Notice shall be deemed communicated forty-eight (48) hours from
the time of mailing if mailed as provided in this Section.
To City:
CITY OF LA QUINTA
Attention: Bryan McKinney
78495 Calle Tampico
La Quinta, California 92253
To Contracting Party:
Eric Nelson DBA RASA
Eric Nelson, PLS
534 Rancho Terrace
Escondido, CA 92026
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.
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10.3 Section Headings and Subheadings. The section headings and
subheadings contained in this Agreement are included for convenience only
and shall not limit or otherwise affect the terms of this Agreement.
10.4 Counterparts. This Agreement may be executed in counterparts,
each of which shall be deemed to be an original, and such counterparts shall
constitute one and the same instrument.
10.5 Integrated Agreement. This Agreement including the exhibits
hereto is the entire, complete, and exclusive expression of the understanding
of the parties. It is understood that there are no oral agreements between
the parties hereto affecting this Agreement and this Agreement supersedes
and cancels any and all previous negotiations, arrangements, agreements,
and understandings, if any, between the parties, and none shall be used to
interpret this Agreement.
10.6 Amendment. No amendment to or modification of this Agreement
shall be valid unless made in writing and approved by Contracting Party and
by the City Council of City. The parties agree that this requirement for written
modifications cannot be waived and that any attempted waiver shall be void.
10.7 Severability. In the event that any one or more of the articles,
phrases, sentences, clauses, paragraphs, or sections contained in this
Agreement shall be declared invalid or unenforceable, such invalidity or
unenforceability shall not affect any of the remaining articles, phrases,
sentences, clauses, paragraphs, or sections of this Agreement which are
hereby declared as severable and shall be interpreted to carry out the intent
of the parties hereunder unless the invalid provision is so material that its
invalidity deprives either party of the basic benefit of their bargain or renders
this Agreement meaningless.
10.8 Unfair Business Practices Claims. In entering into this Agreement,
Contracting Party offers and agrees to assign to City all rights, title, and
interest in and to all causes of action it may have under Section 4 of the
Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2,
(commencing with Section 16700) of Part 2 of Division 7 of the Business and
Professions Code), arising from purchases of goods, services, or materials
related to this Agreement. This assignment shall be made and become
effective at the time City renders final payment to Contracting Party without
further acknowledgment of the parties.
10.9 No Third-Party Beneficiaries. With the exception of the specific
provisions set forth in this Agreement, there are no intended third-party
beneficiaries under this Agreement and no such other third parties shall have
any rights or obligations hereunder.
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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]
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IN WITNESS WHEREOF, the parties have executed this Agreement as of
the dates stated below.
CITY OF LA QUINTA,
a California Municipal Corporation
JON McMILLEN, City Manager
City of La Quinta, California
Dated:
CONTRACTING PARTY:
Eric Nelson DBA RASA
By:
Name: Eric Nelson, PLS
Title: Sole Proprietor/Owner
ATTEST:
MONIKA RADEVA, City Clerk
City of La Quinta, California
By:
Name:
Title:
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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Exhibit A
Page 1 of 7 Last revised summer 2017
Exhibit A
Scope of Services
Map Checking
Subdivision Tract and Parcel Maps will be reviewed by a Land Surveyor licensed
in the State of California for the procedure of survey, mathematical closure, and
compliance with the Subdivision Map Act, the Land Surveyor’s Act, the approved
Tentative Map, the approved Conditions of Approval, and a current title report.
This review includes, but is not limited to, the review of survey documentation,
lot and boundary closure calculations, dedication and easement provisions, legal
descriptions and completeness and accuracy of data notation. Some of the
specific items that are reviewed or checked include the following:
o Title sheet format and certificates.
o Current legal descriptions.
o Correct assessor’s parcel being subdivided per the title report and Tract/Parcel
Map.
o Check closure of subdivision boundary and individual lots against traverse.
o Verify lot areas against traverse.
o Check for correct mathematics.
o Clarity of drafting.
o Proper delineation and identification of record data.
o All appropriate data in the title report is shown on the map.
o Proper reference to adjacent recorded maps and ties thereto.
o Proper reference and ties to found/set monumentation.
o Minimum lot sizes meeting the requirements of zoning of the Tentative Map.
o Conditions of approval identified by the subdivision resolution are properly
satisfied.
o Boundary tied to the California Coordinate System.
o Verify ownership shown on the map against the title report.
o Verify easements and completeness of easement call outs.
In addition to reviewing subdivision Tract and Parcel Maps, the consultant may
be requested to provide the following services:
o Review Lot Line Adjustment documents.
o Review Parcel Merger documents
o Prepare legal descriptions and plats.
o Review benchmarks and associated documents
o Answer Subdivision Map Act related questions
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Exhibit A
Page 2 of 7
Prevailing Wage - In accordance with Section 1770 of the Labor Code, the City
has ascertained and does hereby specify that the prevailing wage rates shall be
those provided in Article 1110-20.0, WAGE RATES. The said rates shall include
all employer payments that are required by Section 1773.1 of the Labor Code.
The City will furnish to the Contractor, upon request, a copy of such prevailing
wage rates. It shall be the duty of the Contractor to post a copy of such prevailing
wages at the job site.
Deliverables Required:
Normal plan check operations will be conducted as follows:
1st Submittal:
Upon completing the 1st review, the Consultant shall submit the “red lined” map
and a copy of the applicable Map Check List to the applicant.
2nd and Subsequent Submittals:
Upon receipt of the 2nd round plan check submittal from the applicant and upon
completing the 2nd review, the Consultant shall submit “red lined” map and a
copy of the applicable 2nd review Map Check List to the applicant. The process
of applicant correction, Consultant review and “red lined” map return to applicant
shall continue until approvable plans are generated and a plan approval letter is
submitted to the City by the Consultant.
If necessary, the Consultant shall be available to meet in La Quinta with City staff
and/or the applicant to review the map check comments. The Consultant will
communicate directly with the applicant regarding map check issues and
clarifications. The City desires an average of no more than 3 map check rounds
before Consultant map approval.
The Consultant shall be required to use the City’s TRAKiT software in the map
check process. The Consultant shall also be required to purchase or obtain the
Bluebeam Revu software to allow electronic review and commenting of plans.
The Consultant shall maintain all files for a period of three years. Copies of
requested files will be furnished to the City upon request.
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Exhibit A
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Performance Standards:
The Consultant shall adhere to the following map check schedule:
Map Submittal Map Check Turn-Around (From Receipt from City Staff)
1st Plan Check 15 Working Days
2nd Plan Check 10 Working Days
3rd Plan Check 10 Working Days
For larger, more complex projects such as golf course developments, one (1)
additional week for the 1st and 2nd plan check shall be provided, if necessary to
complete a thorough plan check. The consultant shall advise the Contract Officer,
in writing, if additional time is needed.
AT NO ADDITIONAL COST TO THE CITY:
The Consultant shall provide a hand held (type) cellular telephone for each map
checker assigned to the City Project(s) to assure rapid availability by telephone.
The Consultant shall provide his or her own transportation to and from the
designated work site. Consultant will not be compensated for travel time to and
from designated work site.
The Consultant shall respond to requests for map check within twenty-four (24)
hours.
The Consultant shall supply all necessary tools and materials to perform their
work.
The Consultant shall purchase Blubeam Revu Standard software, which
Consultant shall use for the electronic review of plans and maps.
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Exhibit A
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ADDENDUM TO AGREEMENT
Re: Scope of Services
If the Scope of Services include construction, alteration, demolition,
installation, repair, or maintenance affecting real property or structures or
improvements of any kind appurtenant to real property, the following apply:
1.Prevailing Wage Compliance. If Contracting Party is a contractor
performing public works and maintenance projects, as described in this
Section 1.3, Contracting Party shall comply with applicable Federal, State, and
local laws. Contracting Party is aware of the requirements of California Labor
Code Sections 1720, et seq., and 1770, et seq., as well as California Code of
Regulations, Title 8, Sections 16000, et seq., (collectively, the “Prevailing
Wage Laws”), and La Quinta Municipal Code Section 3.12.040, which require
the payment of prevailing wage rates and the performance of other
requirements on “Public works” and “Maintenance” projects. If the Services
are being performed as part of an applicable “Public works” or “Maintenance”
project, as defined by the Prevailing Wage Laws, and if construction work over
twenty-five thousand dollars ($25,000.00) and/or alterations, demolition,
repair or maintenance work over fifteen thousand dollars ($15,000.00) is
entered into or extended on or after January 1, 2015 by this Agreement,
Contracting Party agrees to fully comply with such Prevailing Wage Laws
including, but not limited to, requirements related to the maintenance of
payroll records and the employment of apprentices. Pursuant to California
Labor Code Section 1725.5, no contractor or subcontractor may be awarded
a contract for public work on a “Public works” project unless registered with
the California Department of Industrial Relations (“DIR”) at the time the
contract is awarded. If the Services are being performed as part of an
applicable “Public works” or “Maintenance” project, as defined by the
Prevailing Wage Laws, this project is subject to compliance monitoring and
enforcement by the DIR. Contracting Party will maintain and will require all
subcontractors to maintain valid and current DIR Public Works contractor
registration during the term of this Agreement. Contracting Party shall notify
City in writing immediately, and in no case more than twenty-four (24) hours,
after receiving any information that Contracting Party’s or any of its
subcontractor’s DIR registration status has been suspended, revoked, expired,
or otherwise changed. It is understood that it is the responsibility of
Contracting Party to determine the correct salary scale. Contracting Party
shall make copies of the prevailing rates of per diem wages for each craft,
classification, or type of worker needed to execute the Services available to
interested parties upon request, and shall post copies at Contracting Party’s
principal place of business and at the project site, if any. The statutory
penalties for failure to pay prevailing wage or to comply with State wage and
hour laws will be enforced. Contracting Party must forfeit to City TWENTY-
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Exhibit A
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FIVE DOLLARS ($25.00) per day for each worker who works in excess of the
minimum working hours when Contracting Party does not pay overtime. In
accordance with the provisions of Labor Code Sections 1810 et seq., eight
(8) hours is the legal working day. Contracting Party also shall comply with
State law requirements to maintain payroll records and shall provide for
certified records and inspection of records as required by California Labor Code
Section 1770 et seq., including Section 1776. In addition to the other
indemnities provided under this Agreement, Contracting Party shall defend
(with counsel selected by City), indemnify, and hold City, its elected officials,
officers, employees, and agents free and harmless from any claim or liability
arising out of any failure or alleged failure to comply with the Prevailing Wage
Laws. It is agreed by the parties that, in connection with performance of the
Services, including, without limitation, any and all “Public works” (as defined
by the Prevailing Wage Laws), Contracting Party shall bear all risks of payment
or non-payment of prevailing wages under California law and/or the
implementation of Labor Code Section 1781, as the same may be amended
from time to time, and/or any other similar law. Contracting Party
acknowledges and agrees that it shall be independently responsible for
reviewing the applicable laws and regulations and effectuating compliance
with such laws. Contracting Party shall require the same of all subcontractors.
2. Retention. Payments shall be made in accordance with the
provisions of Article 2.0 of the Agreement. In accordance with said Sections,
City shall pay Contracting Party a sum based upon ninety-five percent (95%)
of the Contract Sum apportionment of the labor and materials incorporated
into the Services under this Agreement during the month covered by said
invoice. The remaining five percent (5%) thereof shall be retained as
performance security to be paid to Contracting Party within sixty (60) days
after final acceptance of the Services by the City Council of City, after
Contracting Party has furnished City with a full release of all undisputed
payments under this Agreement, if required by City. In the event there are
any claims specifically excluded by Contracting Party from the operation of the
release, City may retain proceeds (per Public Contract Code § 7107) of up to
one hundred fifty percent (150%) of the amount in dispute. City’s failure to
deduct or withhold shall not affect Contracting Party’s obligations under the
Agreement.
3. Utility Relocation. City is responsible for removal, relocation, or
protection of existing main or trunk-line utilities to the extent such utilities
were not identified in the invitation for bids or specifications. City shall
reimburse Contracting Party for any costs incurred in locating, repairing
damage not caused by Contracting Party, and removing or relocating such
unidentified utility facilities. Contracting Party shall not be assessed liquidated
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Exhibit A
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damages for delay arising from the removal or relocation of such unidentified
utility facilities.
4.Trenches or Excavations. Pursuant to California Public Contract
Code Section 7104, in the event the work included in this Agreement requires
excavations more than four (4) feet in depth, the following shall apply:
(a) Contracting Party shall promptly, and before the following
conditions are disturbed, notify City, in writing, of any: (1) material that
Contracting Party believes may be material that is hazardous waste, as
defined in Section 25117 of the Health and Safety Code, that is required to be
removed to a Class I, Class II, or Class III disposal site in accordance with
provisions of existing law; (2) subsurface or latent physical conditions at the
site different from those indicated by information about the site made
available to bidders prior to the deadline for submitting bids; or (3) unknown
physical conditions at the site of any unusual nature, different materially from
those ordinarily encountered and generally recognized as inherent in work of
the character provided for in the Agreement.
(b) City shall promptly investigate the conditions, and if it finds
that the conditions do materially so differ, or do involve hazardous waste, and
cause a decrease or increase in Contracting Party’s cost of, or the time
required for, performance of any part of the work shall issue a change order
per Section 1.8 of the Agreement.
(c) in the event that a dispute arises between City and
Contracting Party whether the conditions materially differ, or involve
hazardous waste, or cause a decrease or increase in Contracting Party’s cost
of, or time required for, performance of any part of the work, Contracting
Party shall not be excused from any scheduled completion date provided for
by this Agreement, but shall proceed with all work to be performed under this
Agreement. Contracting Party shall retain any and all rights provided either
by contract or by law which pertain to the resolution of disputes and protests
between the contracting Parties.
5.Safety. Contracting Party shall execute and maintain its work so
as to avoid injury or damage to any person or property. In carrying out the
Services, Contracting Party shall at all times be in compliance with all
applicable local, state, and federal laws, rules and regulations, and shall
exercise all necessary precautions for the safety of employees appropriate to
the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be
limited to: (A) adequate life protection and lifesaving equipment and
procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders,
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Exhibit A
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bridges, gang planks, confined space procedures, trenching and shoring,
equipment and other safety devices, equipment and wearing apparel as are
necessary or lawfully required to prevent accidents or injuries; and
(C) adequate facilities for the proper inspection and maintenance of all safety
measures.
6. Liquidated Damages. Since the determination of actual damages
for any delay in performance of the Agreement would be extremely difficult or
impractical to determine in the event of a breach of this Agreement,
Contracting Party shall be liable for and shall pay to City the sum of One
Thousand dollars ($1,000.00) as liquidated damages for each working day of
delay in the performance of any of the Services required hereunder, as
specified in the Schedule of Performance. In addition, liquidated damages
may be assessed for failure to comply with the emergency call out
requirements, if any, described in the Scope of Services. City may withhold
from any moneys payable on account of the Services performed by
Contracting Party any accrued liquidated damages.
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Exhibit B
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Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for
in Section 2.3 of this Agreement, the maximum total compensation to be paid
to Contracting Party under this Agreement is not to exceed Fifty Thousand
Dollars ($ 50,000.00) per year for the life of the agreement, encompassing
the initial and any extended terms (“Contract Sum”). The Contract Sum shall
be paid to Contracting Party in installment payments made on a monthly basis
and in an amount identified in Contracting Party’s schedule of compensation
attached hereto for the work tasks performed and properly invoiced by
Contracting Party in conformance with Section 2.2 of this Agreement.
95
Map Check Compensation
Map check payment shall be made in full at a “fixed fee” rate of:
Tract Maps $ _________ plus $_________ per lot
Parcel Maps $ _________ plus $_________ per parcel
Lot Line Adjustments $ _________ plus $_________ per line adjusted
Parcel Mergers $ _________ for two merging parcels plus $__________for
each additional parcel
Other miscellaneous projects, research, and reports $ _________ per hour - no overtime,
travel time, expenses or other administrative charges will be allowable over and above the
stated hourly rate schedule.
Consultant receives no additional compensation for review of supporting documents
including, but not limited to grant deeds, preliminary title reports, conditions of approval,
tentative tract and parcel maps.
Consultant receives no additional compensation for delivery or postage fees necessary to
transmit or receive plans from City.
Consultant receives no additional compensation for travel to and from City Hall.
Compensation for the first three plan checks shall be distributed at the following schedule:
First Plan Check 65% of the Total Plan/Map Check Fee
Second Plan Check 20% of the Total Plan/Map Check Fee
Third Plan Check 15% of the Total Plan/Map Check Fee
The Consultant shall be compensated upon the completion of each plan check as indicated
in the above schedule and in conformance with Section 2.2 of the Agreement. If a project
is suspended, either definitely or indefinitely, the Consultant shall be compensated based
on the last completed plan check. If the plan check process is completed prior to the third
plan check, 100% of the plan check fee will be paid upon completion of the final plan
check.
The Consultant shall separately invoice per plan and per plan check. No exceptions will
be allowed to the payment schedule.
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Exhibit C
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Exhibit C
Schedule of Performance
Contracting Party shall complete all services identified in the Scope of
Services, Exhibit A of this Agreement, as requested, within the time allowed
by the contract term.
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Exhibit D
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Exhibit D
Special Requirements
NONE
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Exhibit E
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Exhibit E
Insurance Requirements
E.1 Insurance. Prior to the beginning of and throughout the duration of
this Agreement, the following policies shall be maintained and kept in full force
and effect providing insurance with minimum limits as indicated below and
issued by insurers with A.M. Best ratings of no less than A-VI:
Commercial General Liability (at least as broad as ISO CG 0001)
$1,000,000 (per occurrence)
$2,000,000 (general aggregate)
Must include the following endorsements:
General Liability Additional Insured
General Liability Primary and Non-contributory
Commercial Auto Liability (at least as broad as ISO CA 0001)
$1,000,000 (per accident)
Personal Auto Declaration Page if applicable
Errors and Omissions Liability
$1,000,000 (per claim and aggregate)
Workers’ Compensation
(per statutory requirements)
Must include the following endorsements:
Workers Compensation with Waiver of Subrogation
Workers Compensation Declaration of Sole Proprietor if applicable
Contracting Party shall procure and maintain, at its cost, and submit
concurrently with its execution of this Agreement, Commercial General
Liability insurance against all claims for injuries against persons or damages
to property resulting from Contracting Party’s acts or omissions rising out of
or related to Contracting Party’s performance under this Agreement. The
insurance policy shall contain a severability of interest clause providing that
the coverage shall be primary for losses arising out of Contracting Party’s
performance hereunder and neither City nor its insurers shall be required to
contribute to any such loss. An endorsement evidencing the foregoing and
naming the City and its officers and employees as additional insured (on the
Commercial General Liability policy only) must be submitted concurrently with
the execution of this Agreement and approved by City prior to commencement
of the services hereunder.
Contracting Party shall carry automobile liability insurance of
$1,000,000 per accident against all claims for injuries against persons or
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Exhibit E
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damages to property arising out of the use of any automobile by Contracting
Party, its officers, any person directly or indirectly employed by Contracting
Party, any subcontractor or agent, or anyone for whose acts any of them may
be liable, arising directly or indirectly out of or related to Contracting Party’s
performance under this Agreement. If Contracting Party or Contracting
Party’s employees will use personal autos in any way on this project,
Contracting Party shall provide evidence of personal auto liability coverage for
each such person. The term “automobile” includes, but is not limited to, a
land motor vehicle, trailer or semi-trailer designed for travel on public roads.
The automobile insurance policy shall contain a severability of interest clause
providing that coverage shall be primary for losses arising out of Contracting
Party’s performance hereunder and neither City nor its insurers shall be
required to contribute to such loss.
Professional Liability or Errors and Omissions Insurance as
appropriate shall be written on a policy form coverage specifically designed to
protect against acts, errors or omissions of the Contracting Party and “Covered
Professional Services” as designated in the policy must specifically include
work performed under this agreement. The policy limit shall be no less than
$1,000,000 per claim and in the aggregate. The policy must “pay on behalf
of” the insured and must include a provision establishing the insurer’s duty to
defend. The policy retroactive date shall be on or before the effective date of
this agreement.
Contracting Party shall carry Workers’ Compensation Insurance in
accordance with State Worker’s Compensation laws with employer’s liability
limits no less than $1,000,000 per accident or disease.
If coverage is maintained on a claims-made basis, Contracting Party shall
maintain such coverage for an additional period of three (3) years following
termination of the contract.
Contracting Party shall provide written notice to City within ten
(10) working days if: (1) any of the required insurance policies is terminated;
(2) the limits of any of the required polices are reduced; or (3) the deductible
or self-insured retention is increased. In the event any of said policies of
insurance are cancelled, Contracting Party shall, prior to the cancellation date,
submit new evidence of insurance in conformance with this Exhibit to the
Contract Officer. The procuring of such insurance or the delivery of policies
or certificates evidencing the same shall not be construed as a limitation of
Contracting Party’s obligation to indemnify City, its officers, employees,
contractors, subcontractors, or agents.
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
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Exhibit E
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endorsements to the extent and within the time herein required, City may, at
its sole option:
a. Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under this Agreement.
b. Order Contracting Party to stop work under this Agreement
and/or withhold any payment(s) which become due to Contracting Party
hereunder until Contracting Party demonstrates compliance with the
requirements hereof.
c. Terminate this Agreement.
Exercise any of the above remedies, however, is an alternative to
any other remedies City may have. The above remedies are not the exclusive
remedies for Contracting Party’s failure to maintain or secure appropriate
policies or endorsements. Nothing herein contained shall be construed as
limiting in any way the extent to which Contracting Party may be held
responsible for payments of damages to persons or property resulting from
Contracting Party’s or its subcontractors’ performance of work under this
Agreement.
E.3 General Conditions Pertaining to Provisions of Insurance Coverage
by Contracting Party. Contracting Party and City agree to the following with
respect to insurance provided by Contracting Party:
1. Contracting Party agrees to have its insurer endorse the third
party general liability coverage required herein to include as additional
insureds City, its officials, employees, and agents, using standard ISO
endorsement No. CG 2010 with an edition prior to 1992. Contracting Party
also agrees to require all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this
Agreement shall prohibit Contracting Party, or Contracting Party’s employees,
or agents, from waiving the right of subrogation prior to a loss. Contracting
Party agrees to waive subrogation rights against City regardless of the
applicability of any insurance proceeds, and to require all contractors and
subcontractors to do likewise.
3. All insurance coverage and limits provided by Contracting Party
and available or applicable to this Agreement are intended to apply to the full
extent of the policies. Nothing contained in this Agreement or any other
agreement relating to City or its operations limits the application of such
insurance coverage.
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Exhibit E
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4. None of the coverages required herein will be in compliance with
these requirements if they include any limiting endorsement of any kind that
has not been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that
would serve to eliminate so-called “third party action over” claims, including
any exclusion for bodily injury to an employee of the insured or of any
contractor or subcontractor.
6. All coverage types and limits required are subject to approval,
modification and additional requirements by the City, as the need arises.
Contracting Party shall not make any reductions in scope of coverage (e.g.
elimination of contractual liability or reduction of discovery period) that may
affect City’s protection without City’s prior written consent.
7. Proof of compliance with these insurance requirements, consisting
of certificates of insurance evidencing all the coverages required and an
additional insured endorsement to Contracting Party’s general liability policy,
shall be delivered to City at or prior to the execution of this Agreement. In
the event such proof of any insurance is not delivered as required, or in the
event such insurance is canceled at any time and no replacement coverage is
provided, City has the right, but not the duty, to obtain any insurance it deems
necessary to protect its interests under this or any other agreement and to
pay the premium. Any premium so paid by City shall be charged to and
promptly paid by Contracting Party or deducted from sums due Contracting
Party, at City option.
8. It is acknowledged by the parties of this agreement that all
insurance coverage required to be provided by Contracting Party or any
subcontractor, is intended to apply first and on a primary, non-contributing
basis in relation to any other insurance or self-insurance available to City.
9. Contracting Party agrees to ensure that subcontractors, and any
other party involved with the project that is brought onto or involved in the
project by Contracting Party, provide the same minimum insurance coverage
required of Contracting Party. Contracting Party agrees to monitor and review
all such coverage and assumes all responsibility for ensuring that such
coverage is provided in conformity with the requirements of this section.
Contracting Party agrees that upon request, all agreements with
subcontractors and others engaged in the project will be submitted to City for
review.
10. Contracting Party agrees not to self-insure or to use any self-
insured retentions or deductibles on any portion of the insurance required
herein (with the exception of professional liability coverage, if required) and
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Exhibit E
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further agrees that it will not allow any contractor, subcontractor, Architect,
Engineer or other entity or person in any way involved in the performance of
work on the project contemplated by this agreement to self-insure its
obligations to City. If Contracting Party’s existing coverage includes a
deductible or self-insured retention, the deductible or self-insured retention
must be declared to the City. At that time the City shall review options with
the Contracting Party, which may include reduction or elimination of the
deductible or self-insured retention, substitution of other coverage, or other
solutions.
11. The City reserves the right at any time during the term of this
Agreement to change the amounts and types of insurance required by giving
the Contracting Party ninety (90) days advance written notice of such change.
If such change results in substantial additional cost to the Contracting Party,
the City will negotiate additional compensation proportional to the increased
benefit to City.
12. For purposes of applying insurance coverage only, this Agreement
will be deemed to have been executed immediately upon any party hereto
taking any steps that can be deemed to be in furtherance of or towards
performance of this Agreement.
13. Contracting Party acknowledges and agrees that any actual or
alleged failure on the part of City to inform Contracting Party of non-
compliance with any insurance requirement in no way imposes any additional
obligations on City nor does it waive any rights hereunder in this or any other
regard.
14. Contracting Party will renew the required coverage annually as
long as City, or its employees or agents face an exposure from operations of
any type pursuant to this agreement. This obligation applies whether the
agreement is canceled or terminated for any reason. Termination of this
obligation is not effective until City executes a written statement to that effect.
15. Contracting Party shall provide proof that policies of insurance
required herein expiring during the term of this Agreement have been renewed
or replaced with other policies providing at least the same coverage. Proof
that such coverage has been ordered shall be submitted prior to expiration.
A coverage binder or letter from Contracting Party’s insurance agent to this
effect is acceptable. A certificate of insurance and an additional insured
endorsement is required in these specifications applicable to the renewing or
new coverage must be provided to City within five (5) days of the expiration
of coverages.
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Exhibit E
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16. The provisions of any workers’ compensation or similar act will not
limit the obligations of Contracting Party under this agreement. Contracting
Party expressly agrees not to use any statutory immunity defenses under such
laws with respect to City, its employees, officials, and agents.
17. Requirements of specific coverage features, or limits contained in
this section are not intended as limitations on coverage, limits or other
requirements nor as a waiver of any coverage normally provided by any given
policy. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue and is not intended by any
party or insured to be limiting or all-inclusive.
18. These insurance requirements are intended to be separate and
distinct from any other provision in this Agreement and are intended by the
parties here to be interpreted as such.
19. The requirements in this Exhibit supersede all other sections and
provisions of this Agreement to the extent that any other section or provision
conflicts with or impairs the provisions of this Exhibit.
20. Contracting Party agrees to be responsible for ensuring that no
contract used by any party involved in any way with the project reserves the
right to charge City or Contracting Party for the cost of additional insurance
coverage required by this agreement. Any such provisions are to be deleted
with reference to City. It is not the intent of City to reimburse any third party
for the cost of complying with these requirements. There shall be no recourse
against City for payment of premiums or other amounts with respect thereto.
21. Contracting Party agrees to provide immediate notice to City of
any claim or loss against Contracting Party arising out of the work performed
under this agreement. City assumes no obligation or liability by such notice,
but has the right (but not the duty) to monitor the handling of any such claim
or claims if they are likely to involve City.
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Exhibit F
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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
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Exhibit F
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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
106
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.
107
108
City of La Quinta
CITY COUNCIL MEETING: June 21, 2022
STAFF REPORT
AGENDA TITLE: APPROVE MEMORANDUM OF UNDERSTANDING WITH
DESERT SANDS UNIFIED SCHOOL DISTRICT FOR PARTIAL FUNDING OF TWO
SCHOOL RESOURCE OFFICERS
RECOMMENDATION
Approve a Memorandum of Understanding with Desert Sands Unified School
District for partial funding of two School Resource Officers; and authorize the
City Manager to execute the document.
EXECUTIVE SUMMARY
The Memorandum of Understanding (MOU) with Desert Sands Unified
School District (DSUSD) (Attachment 1) provides for a 50/50 cost
sharing of two School Resource Officers (SRO) for three fiscal years (FY)
from 2022/23 to 2024/25.
The two SROs will be assigned to La Quinta High School, Summit High
School, La Quinta Middle School and Colonel Mitchell Paige Middle
School.
FISCAL IMPACT
The City’s cost is an estimate only for approximately $230,000 for FY 2022/23.
Funds are available in the proposed police budget (101-2001-60168). DSUSD
will submit an invoice to the City using the percent of actual costs received
from the Riverside County Sheriff's Department as the basis for invoicing.
BACKGROUND/ANALYSIS
DSUSD and the City have partnered to share the cost of SROs since 2003.
These two SROs will be assigned to La Quinta High School, Summit High
School, La Quinta Middle School and Colonel Mitchell Paige Middle School
throughout the school year.
CONSENT CALENDAR ITEM NO. 4
109
The two SROs will perform the following duties: patrol school campuses,
investigate crimes, maintain order on campuses, counsel students and their
parents, as well as serve as liaisons at school sites in working closely with
school district staff and other entities as part of their role. The SROs will be
assigned to DSUSD on a full-time basis during the school year.
Under the MOU, the City agrees to reimburse DSUSD for fifty percent of the
SRO’s contracted hours. Special events, such as school games, events and or
ceremonies are excluded from this contract and will be covered solely by
DSUSD.
ALTERNATIVES
Staff does not recommend an alternative.
Prepared by: Martha Mendez, Public Safety Manager
Approved by: Chris Escobedo, Community Resources Director
Attachment: 1. Memorandum of Understanding
110
ATTACHMENT 1
AGREEMENT BETWEEN THE DESERT SANDS UNIFIED SCHOOL DISTRICT AND
THE CITY OF LA QUINTA FOR THE FUNDING AND PLACEMENT OF TWO SCHOOL
RESOURCE OFFICERS
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (MOU) is entered into for Fiscal Years 2022-2025
by and between Desert Sands Unified School District, hereafter referred to as DISTRICT,
and the City of La Quinta, hereafter referred to as CITY.
The purpose of this MOU is to document the parties' understanding of the financial
commitment for each agency to share the cost of two School Resource Officers.
The CITY and DISTRICT each agree to pay 50% of the cost of two School Resource
Officers for the Fiscal Years 2022-2025. The parties agree to explore partnership
opportunities through grants and available resources throughout the term of this
agreement.
The School Resource Officers will be assigned to provide services at the following
schools: La Quinta High School, Summit High School, Colonel Mitchell Paige Middle
School, and La Quinta Middle School.
The CITY agrees to reimburse the DISTRICT for 50% of the two SROs' contracted hours.
Special events, including interscholastic athletic events, and graduation ceremonies, shall
be covered by the DISTRICT.
By signing this MOU, the DISTRICT and CITY agree to financially contribute the matching
portions of the funds. All rates are estimates. The DISTRICT will submit an invoice to the
CITY using the percent of actual costs received from the Riverside County Sheriff's
Department as the basis for invoicing.
_______________________________________________
Jordan Aquino, Assistant Superintendent Date
Business Services
_______________________________________________
Jon McMillen, City Manager Date
111
112
City of La Quinta
CITY COUNCIL MEETING: June 21, 2022
STAFF REPORT
AGENDA TITLE: APPROVE JOINT USE OF FACILITY AND SERVICES
AGREEMENT WITH THE BOYS AND GIRLS CLUB OF COACHELLA VALLEY
RECOMMENDATION
Approve Joint Use of Facility and Services Agreement with the Boys and Girls
Club of Coachella Valley, and authorize the City Manager to execute the
Agreement.
EXECUTIVE SUMMARY
•The City contracts with the Boys and Girls Club of Coachella Valley
(Club) for the use of the President Gerald R. Ford Boys and Girls Club
facility.
•The City uses the classroom spaces and gymnasium for recreation
programs and community activities.
FISCAL IMPACT
The two-year agreement (Attachment 1) provides $40,000 annually to fund
Club sponsored youth programs; the annual payments are $20,000 from the
General Fund (101-3001-60135) and $20,000 from Community Development
Block Grant (CDBG) funds (210-0000-60135).
BACKGROUND/ANALYSIS
In February 1992, the Club entered a 40-year land lease with the City wherein
the Club leased City land and constructed a facility. The land lease expires in
10 years.
In December 1995, the Council approved the first Facility Use Agreement with
the Club. Through this, and subsequent Agreements, the City provides youth
and adult sports programs at the facility, and the Club also receives City funds
to provide recreation programs to children ages 7 to 17 throughout the year.
The two-year agreement term is July 1, 2022 to June 30, 2024 with an option
to renew for an additional 4 years.
CONSENT CALENDAR ITEM NO. 5
113
ALTERNATIVES
Since this is a long-standing partnership to support youth programming, staff
does not recommend an alternative.
Prepared by: Christina Calderon, Community Resources Manager
Approved by: Chris Escobedo, Community Resources Director
Attachment: 1. Joint Use of Facility and Services Agreement
114
ATTACHMENT 1
115
116
117
118
119
120
121
122
123
124
125
126
City of La Quinta
CITY COUNCIL MEETING: June 21, 2022
STAFF REPORT
AGENDA TITLE: APPROVE AMENDMENT NO. 1 TO MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITIES OF LA QUINTA, INDIO, AND
COACHELLA, EXTENDING THE TERM FOR ONE ADDITIONAL YEAR THROUGH
2022/23 AND APPROPRIATED BUDGET, TO SHARE THE ACQUISITION COST
OF A LADDER TRUCK
RECOMMENDATION
Approve Amendment No. 1 to the Memorandum of Understanding between
the Cities of La Quinta, Indio, and Coachella, extending the term for one
additional year through 2022/23 and appropriated budget, to share the
acquisition cost of a ladder truck in an amount not to exceed $350,000 for La
Quinta’s portion; and authorize the City Manager to execute the amendment.
EXECUTIVE SUMMARY
•In 2020, the cities of La Quinta, Indio, and Coachella signed a
Memorandum of Understanding (MOU) to split the acquisition cost
among the three cities as follows; La Quinta 25%, Indio 50% and
Coachella 25%.
•The new ladder truck is set to replace the existing 16-year-old ladder
truck that has exceeded its life expectancy.
•Amendment No. 1 extends the term of the MOU for one additional year,
as the manufacturer has experienced significant delays due to COVID-
19.
FISCAL IMPACT
Approval of this extension to the MOU will allow the Fire Department to secure
a new ladder truck. Payment would coincide with delivery, which would be
within FY 2022-23. The total truck cost is $1,400,000; the City’s share will not
exceed $350,000.
CONCENT CALENDAR ITEM NO. 6
127
BACKGROUND/ANALYSIS
In 2006, the original ladder truck was purchased using tribal gaming grant
funds to expand fire response capabilities in the region. On September 15,
2020, City Council approved the Memorandum of Understanding between the
Cities of La Quinta, Indio, and Coachella to share the acquisition cost of a new
ladder truck to replace the 16-year truck that has exceeded its life expectancy.
The original delivery date was set for early 2022, however, due to COVID-19
related delays, and supply chain issues, the manufacturer is requesting a 12-
month extension for delivery of the fire truck to the Riverside County Fire
Department.
ALTERNATIVES
Council may elect not to extend the term of this MOU.
Prepared by: Martha Mendez, Public Safety Manager
Approved by: Chris Escobedo, Community Resources Director
Attachment: 1.Amendment No. 1 to Memorandum of Understanding
between Cities of La Quinta, Indio and Coachella for Fire
Ladder Truck Acquisition Agreement
128
Page 1
AMENDMENT NO. 1 TO
MOU BETWEEN THE CITY OF LA QUINTA, THE CITY OF INDIO, AND
THE CITY OF COACHELLA TO SHARE THE ACQUISITION COST OF A
LADDER TRUCK
This AMENDMENT NO. 1 TO MOU BETWEEN THE CITY OF LA QUINTA, THE
CITY OF INDIO, AND THE CITY OF COACHELLA TO SHARE THE ACQUISITION
COST OF A LADDER TRUCK (“Amendment No. 1”) is made and entered into
as of the ___ day of June, 2022 ("Effective Date") by and between the City of
La Quinta, the City of Indio, and the City of Coachella, each a duly created
city (hereinafter each a “CITY” and collectively the “CITIES”).
RECITALS
WHEREAS, on or about July 1, 2020, the CITIES entered into that certain
MOU BETWEEN THE CITY OF LA QUINTA, THE CITY OF INDIO, AND THE CITY
OF COACHELLA TO SHARE THE ACQUISITION COST OF A LADDER TRUCK for
the purchase and joint use of the ladder truck. The CITIES have contracted
with the County of Riverside individually for the provision of Fire Protection,
Fire Prevention, Rescue, and Medical Services in a separate cooperative
agreement respectively.
WHEREAS, on or about July 1, 2020, the CITIES entered into that certain
MOU BETWEEN THE CITY OF LA QUINTA, THE CITY OF INDIO, AND THE CITY
OF COACHELLA TO SHARE THE ACQUISITION COST OF A LADDER TRUCK ,
have agreed to replace the existing truck with a new truck , with the City of
Indio contributing fifty percent (50%), City of La Quinta contributing twenty -
five percent (25%), and City of Coachella contributing twenty-five percent
(25%) of the total cost. The actual cost of the truck will not exceed One Million
Four Hundred Thousand Dollars ($1,400,000); and
WHEREAS, the Cities have mutually agreed to extend the MOU for one
additional year until June 30, 2023; and
Now THEREFORE, in consideration of the mutual covenant herein
contained, the parties agree as follows:
AMENDMENT
In consideration of the foregoing Recitals, which are a substantive part
of this Amendment No. 1 and incorporated herein, and the covenants and
ATTACHMENT 1
129
Page 2
promises hereinafter contained, and for good and valuable consideration, the
sufficiency and receipt of which are hereby acknowledged, the parties hereto
agree as follows:
1.Section IV: Term is being extended, by mutual agreement of all parties,
for one additional year commencing July 1, 2022, and ending June 30,
2023 (“Extended Term”)
2.Except as specifically amended herein, the MOU shall remain in full force
and effect in accordance with the terms therein.
[signatures on next page]
130
Page 3
IN WITNESS WHEREOF, the CITIES have executed this Amendment No.
1 on the respective dates set forth below.
CITY OF LA QUINTA
____ Dated:
JON McMILLEN, City Manager
City of La Quinta, California
ATTEST:
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
___
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
131
Page 4
CITY OF INDIO
____ Dated:
BRYAN MONTGOMERY, City Manager
City of Indio, California
ATTEST:
Cynthia Hernandez, City Clerk
City of Indio, California
APPROVED AS TO FORM:
___
ROXANNE M. DIAZ, City Attorney
City of Indio, California
132
Page 5
CITY OF COACHELLA
____ Dated:
DR. GABRIEL MARTIN, City Manager
City of Coachella, California
ATTEST:
ANDREA CARRANZA, Deputy City Clerk
City of Coachella, California
APPROVED AS TO FORM:
___
CARLOS L. CAMPOS, City Attorney
City of Coachella, California
133
134
City of La Quinta
CITY COUNCIL MEETING: June 21, 2022
STAFF REPORT
AGENDA TITLE: APPROVE AMENDMENT NO. 5 TO GOLF COURSE
MANAGEMENT AGREEMENT WITH LANDMARK GOLF MANAGEMENT, LLC FOR
SILVERROCK GOLF COURSE MANAGEMENT SERVICES
RECOMMENDATION
Approve Amendment No. 5 to Golf Course Management Agreement with
Landmark Golf Management, LLC to provide SilverRock golf course
management services for one additional year until June 30, 2023, for a total
not to exceed amount of $124,488; and authorize the City Manager to execute
the amendment.
EXECUTIVE SUMMARY
In 2013, the City entered into a five-year Golf Course Management
Agreement (Agreement) with Landmark Golf Management (Landmark)
for SilverRock golf course management services, which was extended in
2018, 2019, 2020, and 2021 (Amendment Nos. 1, 2, 3, and 4), and will
expire effective June 30, 2022.
Amendment No. 5 (Attachment 1) will extend the term for one year,
through June 30, 2023; the Agreement allows for one additional
extension if desired to continue coordinating with the development of
the hotels and other adjacent facilities.
Amendment No. 5 includes a 5% increase to the annual management
fee from $118,560 to $124,488.
FISCAL IMPACT
The golf course annual management fee pursuant to Amendment No. 5 for
2022/23 would be $124,488. This amount is included in the proposed
2022/23 SilverRock Resort Annual Plan and the fiscal year 2022/23 budget in
account 601-0000-60208.
CONSENT CALENDAR ITEM NO. 7
135
BACKGROUND/ANALYSIS
In July 2013, the City entered into a five-year Agreement with Landmark for
SilverRock golf course management services, which was extended in 2018
(Amendment No. 1), 2019 (Amendment No. 2), 2020 (Amendment No. 3);
and in 2021 (Amendment No. 4); the term will expire on June 30, 2022.
As SilverRock Development Company proceeds with construction of the hotels,
conference center, and adjacent amenity buildings, it is in the best interest of
the City to continue using Landmark as the golf course operator during this
period.
Amendment No. 5 provides the following changes:
Extend the term until June 30, 2023 (Section 2.2 Management Term);
Reinstate the deposits from the Golf Course Accounts for the 2% Capital
Improvement funds until June 30, 2023 (Section 3.10.1 Capital
Improvement Funds);
Increase the annual Management Fee by 5% for a total annual amount
of $124,488 (Section 4.1.1) for fiscal year 2022/23;
Reinstatement of the 2% Capital Improvement funds is recommended
to ensure funding is available for anticipated improvements as aging
infrastructure reaches its useful life. The estimated amount for FY
2022/23 is $75,000 and is included in the proposed SilverRock operating
budget.
ALTERNATIVES
Due to the timeline of the development by SilverRock Development Company
and the operational knowledge of the golf course by Landmark, no alternatives
are recommended at this time.
Prepared by: Claudia Martinez, Finance Director
Approved by: Jon McMillen, City Manager
Attachment: 1. Amendment No. 5 to Golf Course Management Agreement
136
AMENDMENT NO. 5
TO GOLF COURSE MANAGEMENT AGREEMENT
This Amendment No. 5 (“Amendment 5”) to Golf Course Management
Agreement (“Agreement”) is made and entered as of the 1st day of July 2022
(“Effective Date”) by and between the CITY OF LA QUINTA (“City”), a
California municipal corporation, and LANDMARK GOLF MANAGEMENT, LLC.
(“Manager”).
RECITALS
WHEREAS, on or about July 1, 2013, the City and Manager entered into
an Agreement to provide services related to managing golf course operations
at SilverRock Resort; and
WHEREAS, on or about July 1, 2018, the City and Manager executed
Amendment No. 1 and mutually agreed to amend Section 4.1.1 increasing the
Management Fee for a total not to exceed amount of $114,000, and to extend
the term for one additional year from July 1, 2018 until June 30, 2019
(“Extended Term”); and
WHEREAS, on or about June 19, 2019, the City and Manager executed
Amendment No. 2 and mutually agreed to amend:
Section 2.2 Management Term by extending the Term for one
additional year, from July 1, 2019 to June 30, 2020 (“Extended
Term”); and
Section 3.10.1 Capital Improvement Funds by suspending
deposit from the Golf Course Accounts for the 2% Capital
Improvement Funds until June 30, 2020; and
Section 4.1.1 Management Fee by increasing the annual
management fee by 4% for a total not to exceed amount of
$119,000 for fiscal year 2019/20; and
Section 8.1 Termination by City by granting the City sole
discretion, without penalty or cause to terminate the Agreement
on any date after June 30, 2020 with a minimum sixty (60) day
prior Written Notice on early termination to Landmark.
WHEREAS, on or about June 16, 2020, the City and Manager executed
Amendment No. 3 and mutually agree to amend:
Section 2.2 Management Term by extending the Term for one
additional year, from July 1, 2020 to June 30, 2021 (“Extended
Term”); and
ATTACHMENT 1
137
Section 4.1.1 Management Fee by decreasing the annual fee by
5% to a total not to exceed amount of $112,632 for fiscal year
2020/21.
WHEREAS, on or about June 1, 2021, the City and Manager executed
Amendment No. 4 and mutually agree to amend:
Section 2.2 Management Term by extending the Term for one
additional year, from July 1, 2021 to June 30, 2022 (“Extended
Term”); and
Section 3.10.1 Capital Improvement Funds by reinstating
deposits from the Golf Course Accounts for the 2% Capital
Improvement Funds until June 30, 2022; and
Section 4.1.1 Management Fee by implementing an annual
increase to the annual fee, reinstating it to the previous not to
exceed amount of $118,560 for fiscal year 2021/22.
WHEREAS, City and Manager would like to execute Amendment No. 5
and mutually agree to extend the term of the Agreement for one additional
year, from July 1, 2022 to June 30, 2023 (“Extended Term”) pursuant to
Section 2.2 Management Term; and
WHEREAS, City and Manager mutually agree to reinstate deposits from
the Golf Course Accounts for the 2% Capital Improvement Funds pursuant to
Section 3.10.1 Capital Improvement Funds until June 30, 2023; and
WHEREAS, City and Manager mutually agree to amend Section 4.1.1
Management Fee by implementing a five percent (5%) annual increase to the
Management fee for a total not to exceed annual amount of $124,488 for fiscal
year 2022/23; and
WHEREAS, Section 8.1 Termination by City was amended via
Amendment No. 2 to change the date by which the City, in its sole discretion,
without penalty or cause, may terminate the Management Term on any date
after June 30, 2020, with a minimum sixty (60) day prior Written Notice on
early termination to Landmark, and will remain in full force and effect.
NOW, THEREFORE, in consideration of the mutual covenants herein
contained, the parties agree as follows:
AMENDMENT
In consideration of the foregoing Recitals and the covenants and promises
hereinafter contained, and for good and valuable consideration, the sufficiency
138
and receipt of which are hereby acknowledged, the parties hereto agree as
follows:
2.2 Management Term
The Management Term shall commence July 1, 2022. The Management
Term and this Agreement shall end on June 30, 2023.
3.10.1 Capital Improvement Funds
City shall reinstate deposits from the Golf Course Accounts for the 2%
Capital Improvement Funds until June 30, 2023.
4.1.1 Management Fees
Manager shall receive from City an annual Management Fee in the
amount of One Hundred and Twenty-Four Thousand Four Hundred and
Eighty-Eight Dollars ($124,488) until expiration of the Agreement.
In all other respects, the Agreement, Amendment No. 1, Amendment No. 2,
Amendment No. 3, and Amendment No. 4 shall remain in effect.
IN WITNESS WHEREOF, the City and Manager have executed this
Amendment No. 5 to the Agreement on the respective dates set forth below.
CITY OF LA QUINTA LANDMARK GOLF MANAGEMENT, LLC
a California municipal corporation
and Charter City
By:_________________________ By: ______________________
Jon McMillen, City Manager Andy Vossler, President & CEO
Date: _______________________ Date: _____________________
ATTEST:
____________________________
Monika Radeva, Deputy City Clerk
City of La Quinta, California
139
APPROVED AS TO FORM:
____________________________
William H. Ihrke, City Attorney
City of La Quinta, California
140
City of La Quinta
CITY COUNCIL MEETING: June 21, 2022
STAFF REPORT
AGENDA TITLE: ADOPT RESOLUTION TO APPROVE AMENDMENT NO. 2
EXTENDING THE TERMS AND CONDITIONS OF THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF LA QUINTA AND THE LA QUINTA
CITY EMPLOYEES’ ASSOCIATION
RECOMMENDATION
Adopt a Resolution to approve Amendment No. 2, extending the terms and
conditions of the current Memorandum of Understanding between the City of
La Quinta and the La Quinta City Employees’ Association.
EXECUTIVE SUMMARY
•Council approved the current Memorandum of Understanding (MOU) on
June 15, 2021, and Amendment No. 1 on August 3, 2021.
•The current MOU between the City of La Quinta (City) and the La Quinta
Employee’s Association (Association) will expire on June 30, 2022.
•Under Amendment No. 2, the City and the Association mutually agree
to extend the terms and conditions of the current MOU until a successor
MOU is ratified.
FISCAL IMPACT – None.
BACKGROUND/ANALYSIS
The current MOU between the City and the Association expires on June 30,
2022. The City and the Association began labor negotiations to meet and
confer over wages, hours, terms, and conditions of employment and have not
yet reached an agreement. In the true spirit of cooperation and to equitably
serve the needs of both parties, the City and Association have agreed to
extend the terms and conditions of the current MOU. The extension of the
current MOU will allow both parties to meet and confer in good faith in order
to reach agreement, ratify and execute a successor MOU.
CONSENT CALENDAR ITEM NO. 8
141
ALTERNATIVES
Staff does not recommend any alternatives. Denial of staff’s recommendation
may impact labor negotiations between the City and the Association.
Carla Triplett, Human Resources Analyst
Chris Escobedo, Community Resources Director
Prepared by:
Approved by:
142
RESOLUTION NO. 2022 – XXX
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, APPROVING
AMENDMENT NO. 2 EXTENDING THE TERMS AND
CONDITIONS OF THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF LA
QUINTA AND THE LA QUINTA CITY EMPLOYEE
ASSOCIATION
WHEREAS, Council adopted Resolution No. 2021-022 on June 15, 2021,
approving the current Memorandum of Understanding (MOU) between the City
of La Quinta (City) and the La Quinta Employees’ Association (Association),
which expires on June 30, 2022; and
WHEREAS, Council adopted Resolution No. 2021-029 on August 3,
2021, approving Amendment No. 1 to the MOU, which increased the health
benefit cap to $1,832.01 per month, per employee, effective January 1, 2022;
and
WHEREAS, the City and the Association have mutually agreed to extend
the MOU until good faith negotiations between both parties have concluded
and a new MOU is executed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of La Quinta, California, as follows:
SECTION 1. The City and Association mutually agree to extend the terms and
conditions of the current MOU until a successor MOU is ratified as set forth in
Amendment No. 2 of the MOU between the City and the Association, attached
hereto as Exhibit A and incorporated herewith by this reference, to the extent
the City may legally do so in accordance with the time constraints of said MOU.
PASSED, APPROVED and ADOPTED at a regular meeting of the La
Quinta City Council held on this 21st day of June 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
143
Resolution No. 2022-XXX
LQCEA Amendment No. 2 to MOU
Adopted: June 21, 2022
Page 2 of 2
__________________________
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
__________________________
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
__________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
144
RESOLUTION NO. 2022-XXX
EXHIBIT A
ADOPTED: JUNE 21, 2022
145
146
City of La Quinta
CITY COUNCIL MEETING: June 21, 2022
STAFF REPORT
AGENDA TITLE: ADOPT RESOLUTION TO APPROVE FISCAL YEAR 2022/23
INVESTMENT POLICY
RECOMMENDATION
Adopt a resolution to approve the Fiscal Year 2022/23 Investment Policy.
EXECUTIVE SUMMARY
•The California Government Code requires the City Treasurer to submit
an annual statement of investment policy.
•As part of their work plan, and as stated in Section XVIII of the City’s
Investment Policy (Policy), the Financial Advisory Commission (FAC) is
asked to review the Policy annually.
•The FAC reviewed and approved the draft 2022/23 Policy on June 1,
2022.
FISCAL IMPACT - None.
BACKGROUND
The City was awarded the Investment Policy Certificate of Excellence from the
Association of Public Treasurers of the United States and Canada (APT US&C)
in 2020/21, as well as certifications from the California Municipal Treasurers
Association (CMTA) in 2018/19 and 2019/20. In addition, there were no new
regulatory changes in FY 2021/22 that affected the City’s policy; therefore,
staff recommends no significant changes to the current policy. The following
minor edits, along with punctuation or format changes, are identified as red-
lined in Exhibit A to the proposed Resolution:
•Section III Scope: Changed the reference to the City’s annual report to
reflect the new name adopted by the Government Finance Officers
Association: the Annual Comprehensive Financial Report (ACFR).
CONSENT CALENDAR ITEM NO. 9
147
•Section IX Authorized Financial Dealers: Changed the name and contact
information for the state agency that oversees broker/dealers in
California to the California Department of Financial Protection and
Innovation.
•Section IX Authorized Financial Dealers: Under bullet 2, added the
National Credit Union Share Insurance Fund as an acceptable insurance,
to match reference in Section X under Certificates of Deposit. Also
added the full report name for “Call Reports” as well as a link to find
them online.
•Section X Permissible Deposits and Investments: Updated references to
specific U.S. Government Sponsored Enterprises (GSEs, also known as
Agencies). Also clarified the amount of the investment portfolio that can
be invested in Corporate Notes to match the State Code.
•Edits to Appendix D-Approved Financial Institutions to reflect name
changes, to add the County Pooled Investment Fund, and to add the
bank at which business is conducted for the Dune Palms Mobile Estates.
•Edits to Appendix F-Glossary to match revisions in other sections, such
as references to ACFR and GSEs.
ALTERNATIVES
The policy has been recognized by APT US&C and CMTA as being
comprehensive as written, therefore, no alternatives are recommended.
Prepared by: Rosemary Hallick, Financial Services Analyst
Approved by: Claudia Martinez, Finance Director
148
RESOLUTION NO. 2022 - XXX
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA APPROVING
AND ADOPTING FISCAL YEAR 2022/2023
INVESTMENT POLICY
WHEREAS, the general purpose of the Investment Policy is to provide
the rules and standards users must follow in investing funds of the City of La
Quinta; and
WHEREAS, the primary objectives, in order of priority, of the City of La
Quinta’s investment activity shall be:
Safety of principal is the foremost objective of the investment program.
Investments of the City of La Quinta shall be undertaken in a manner
that seeks to ensure the preservation of capital in the overall portfolio.
The investment portfolio shall remain sufficiently liquid to meet all
operating requirements that may be reasonably anticipated.
The investment portfolio shall be designed with the objective of attaining
a market rate of return or yield throughout budgetary and economic
cycles, taking into account the investment risk constraints and liquidity
needs; and
WHEREAS, authority to manage the City of La Quinta’s investment
portfolio is derived from the City’s municipal code, management responsibility
for the investment program is delegated to the City Treasurer, who shall
establish and implement written procedures for the operation of the City’s
investment program consistent with the Investment Policy for each Fiscal Year;
and
WHEREAS, the Investment Policy will be adopted before the end of June
of each year and amended as considered necessary.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
La Quinta as follows:
SECTION 1. This Resolution supersedes all prior Investment Policy
resolutions adopted by the City Council.
SECTION 2. The City Council hereby adopts the Fiscal Year 2022/2023
Investment Policy attached hereto as “Exhibit A” and incorporated herewith by
this reference.
149
Resolution No. 2022-XXX
Investment Policy for Fiscal Year 2022/2023
Adopted: June 21, 2022
Page 2 of 3
SECTION 3. Severability – if any provisions of this Resolution or the
application thereof to any person or circumstance is held invalid, such invalidity
shall not affect other provisions or applications of this Resolution which can be
given effect without the invalid provision or application, and to this end the
provisions of this Resolution are severable. The City Council hereby declares
that it would have adopted this Resolution irrespective of the invalidity of any
particular portion thereof.
SECTION 4. This Resolution shall become effective upon adoption. The
Investment Policy adopted by this Resolution shall go into effect July 1, 2022.
PASSED, APPROVED and ADOPTED at a regular meeting of the La
Quinta City Council, held on this 21st day of June 2022 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
___________________________
MONIKA RADEVA. City Clerk
City of La Quinta, California
150
Resolution No. 2022-XXX
Investment Policy for Fiscal Year 2022/2023
Adopted: June 21, 2022
Page 3 of 3
APPROVED AS TO FORM:
___________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
151
152
,19(670(1732/,&<
EXHIBIT A
153
Fiscal Year 2021/20222022/2023
Table of Contents
Section Topic Page
Executive Summary 1
I General Purpose 2
II Investment Policy 2
III Scope 2
IV Objectives 3
V Maximum Maturities 5
VI Prudence 5
VII Authority 5
VIII Ethics and Conflicts of Interest 6
IX Authorized Financial Dealers and Institutions 6
X Permissible Deposits and Investments 7
XI Investment Pools 10
XII Payment and Custody 10
XIII Interest Earning Distribution Policy 11
XIV Internal Controls and Independent Auditors 11
XV Reporting Standards 12
XVI Review of Investment Portfolio 13
XVII Financial Advisory Commission – City of La Quinta 13
XIII Investment Policy Adoption 13
Appendices Topic Page
A Municipal Code Ordinance 2.70 – Financial Advisory Commission 14
B Municipal Code Ordinance 3.08 – Investment of Moneys and Funds 16
C Segregation of Major Investment Responsibilities 18
D Listing of Approved Financial Institutions 19
E Investment Management Process and Risk 20
F Glossary 22
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CITY OF LA QUINTA
Investment Policy
Fiscal Year 2021/20222022/2023
EXECUTIVE SUMMARY
The general purpose of this Investment Policy is to provide the rules and standards
that must be followed in administering the City of La Quinta's (the “City”) deposits
and investments.
The City's Investment Policy conforms to all state and local statutes and applies to
all deposits and investments of the City, with the exception of bond proceeds and
those noted in section III herein.
It is the City's policy to deposit and invest public funds in a manner that shall provide
safety of principal, liquidity to meet the City’s obligations and requirements that may
be reasonably anticipated, and a risk-based market rate of return.
Authority to manage the City's investment portfolio is derived from the City Municipal
Code. Management responsibility for the investment program is delegated to the City
Treasurer, who shall establish and implement written procedures for the operation of
the City's investment program consistent with the Investment Policy.
The City Manager, City Treasurer, and Ccity employees involved in the City's banking
and investment process shall conduct the City's business in an ethical manner and
refrain from any activity or relationship that may be, or have the appearance of, a
conflict of interest.
The Investment Policy shall be adopted by resolution of the La Quinta City Council on
an annual basis, before the end of each fiscal year (June).
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City of La Quinta
Statement of Investment Policy July 1, 2021 through June 30, 2022
Adopted by the City Council on May 4, 2021June 21, 2022
I. GENERAL PURPOSE
The general purpose of this document is to provide the rules and standards that must
be followed in administering the City of La Quinta's deposits and investments.
II. INVESTMENT POLICY
It is the policy of the City of La Quinta to deposit and invest public funds in a manner
that shall conform to all State and local statutes governing the investment of public
funds and set forth the permissible deposits and investments of the City's funds and
the limitations thereon.
III. SCOPE
Except noted below, this Investment Policy applies to all deposits and investments of
the City of La Quinta, the Successor Agency to the City of La Quinta Redevelopment
Agency, and the City of La Quinta Financing and Housing Authorities. These funds
are reported in the City's Comprehensive Annual Comprehensive Financial Report
(CAFRACFR) and include all funds within the following fund types:
General
Special Revenue
Capital Projects
Debt Service
Enterprise
Internal Service
Trust and Agency
Any new fund types and fund(s) that may be created.
Financial assets and investment activity not subject to this policy
The City's Investment Policy does not apply to the following:
Cash and Investments raised from Conduit Debt Financing;
Funds held in trust in the City's name in pension or other post-retirement
benefit programs;
Cash and Investments held in lieu of retention by banks or other financial
institutions for construction projects; and
Short or long-term loans made to other entities by the City or Agency,;
Short term (Due to/from) or long term (Advances from/to) obligations made
either between the City and its funds or between the City and Agency.; and
Investment of bond proceeds: . The City's Investment Policy shall not govern
bond proceeds and bond reserve fund investments. California Code Section
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5922(d) governs the investment of bond proceeds and reserve funds in
accordance with bond indenture provisions.
Arbitrage Requirement - The US Tax Reform Act of 1986 requires the City to
perform arbitrage calculations and return excess earnings to the US Treasury from
investments of proceeds of bond issues sold after the effective date of this law.
These arbitrage calculations may be contracted with an outside source to provide
the necessary technical assistance to comply with this regulation. Investable funds
subject to the 1986 Tax Reform Act will be kept segregated from other funds and
records will be kept in a fashion to facilitate the calculations.
The City's investment position relative to the arbitrage restrictions is to continue
pursuing the maximum yield on applicable investments while ensuring the safety
of capital and liquidity, and to rebate excess earnings, if necessary.
IV. OBJECTIVES
The objectives of the City's investment activity, in order of priority and importance,
are:
A. Safety of Principal
Safety of principal is the foremost objective of the City's investment program.
Investments shall be undertaken in a manner that seeks to ensure the preservation
of principal of the overall portfolio in accordance with the permissible deposits and
investments.
The City shall endeavor to preserve its investment principal by making only
permissible deposits and investments, undertaken in a controlled manner to minimize
the possibility of loss or misappropriation through malfeasance or otherwise.
Investments not backed by the full faith and credit of the United States Government
shall be diversified by allocating assets between different types of permissible
investments, maturities, and issuers as a means to mitigate credit risk and interest
rate risk. Investment in any single security type or single financial institution shall be
limited to the maximum percentages and/or dollar amounts as noted in Section X.
1. Credit Risk is the risk of loss from the failure of the security issuer or backer.
Credit risk may be mitigated by:
• Limiting investments to investment grade securities as permitted in
Section X; and
• Diversifying Diversification- reducing concentration risk by limiting the
total amount invested in the individual issuers of the securities in the
investment portfolio so that potential losses due to issuer failure or
individual securities downgrades may be minimized.
2. Interest Rate Risk is the risk that market values of securities in the portfolio
will decline due to changes in general interest rates. Interest rate risk may
be mitigated by:
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• Structuring the investment portfolio so that securities mature to meet
cash requirements for ongoing operations, thereby avoiding the need to
sell securities on the open market prior to maturity; and
• Investing operating funds primarily in shorter-term securities.
3. Liquidity Risk is the risk that a security cannot be liquidated because of its
unique features or structure or because it is thinly traded. Liquidity risk is not
a material issue for the City's portfolio because of the permissible deposits and
investments (see Section X). A discussion of the City's investment process and
risk is presented in Appendix E.
B. Provide Liquidity
The investment portfolio shall remain sufficiently liquid to meet all of the City's cash
needs that may be reasonably anticipated. This is accomplished by structuring the
portfolio so that sufficient liquid funds are available to meet anticipated demands.
Furthermore, since all possible cash needs cannot be anticipated the portfolio should
be diversified and consist of securities with active secondary or resale markets.
The City's policy is to generally hold securities and other investments to maturity.
However, securities may be sold prior to maturity under certain circumstances as
follow:
• A security with declining credit quality can be sold early to minimize loss of
principal.
• Unanticipated liquidity needs of the portfolio require that one or more
securities be sold.
• When a sale/repurchase is fiscally advantageous based on market conditions
and fits the needs of the portfolio
C. Yield a Risk-Based Market Rate of Return
The City's investment portfolio shall be structured with the objective of yielding a
risk-based market rate of return throughout budgetary and economic cycles. Return
on investment is less important than the safety and liquidity objectives described
above.
The City's Investment Policy does not specify a single benchmark as a goal or target
yield for a rate of return on its investment portfolio. The portfolio's rates of return
will be influenced by several factors, including actions by the Federal Reserve Board,
the marketplace, and overall economic perceptions and conditions.
Performance Standards: As a basis for comparison only, the Treasurer's quarterly
reports will display the rates of return on the three-month Bill, six-month Bill, the
one and two-year U.S. Treasury Note, and the yield for the State Treasurer's Local
Agency Investment Fund (LAIF). The Treasurer may use these or any other published
rates of return that the Treasurer deems appropriate for comparison to the return on
the City's investment portfolio.
Formatted: Space After: 0 pt
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The investment portfolio shall be designed with the objective of obtaining a market
rate of return throughout budgetary and economic cycles, commensurate with the
investment risk constraints and the cash flow needs.
V. MAXIMUM MATURITIES
It is the City's policy to generally hold securities and other investments until maturity.
This buy-and-hold policy shall not prevent the sale of a security as listed in section
IV.B
The general buy-and-hold strategy requires that the City's investment portfolio be
structured so that sufficient liquid funds are available from maturing investments and
other sources to meet all reasonably anticipated cash needs.
The City shall follow Title 5 of the California Government Code §53601 (the “State
Code”) regarding maximum maturities, in that “no investment shall be made in any
security…that at the time of the investment has a term remaining to maturity in
excess of five years”.
VI. PRUDENCE and FIDUCIARY DUTY
The City shall follow the State Code §53600.3 regarding fiduciary duty and the
Prudent Investor Standard as follows:
Except as provided in subdivision (a) of §27000.3, all governing bodies of local
agencies or persons authorized to make investment decisions on behalf of those local
agencies investing public funds pursuant to this chapter are trustees and therefore
fiduciaries subject to the prudent investor standard. When investing, reinvesting,
purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall
act with care, skill, prudence, and diligence under the circumstances then prevailing,
including, but not limited to, the general economic conditions and the anticipated
needs of the agency, that a prudent person acting in a like capacity and familiarity
with those matters would use in the conduct of funds of a like character and with like
aims, to safeguard the principal and maintain the liquidity needs of the agency. Within
the limitations of this section and considering individual investments as part of an
overall strategy, investments may be acquired as authorized by law.
VII. AUTHORITY
Authority to manage the City's investment portfolio is derived from Chapter 3.08 of
the City's Municipal Code. Management responsibility for the investment program is
delegated to the City Treasurer for a period of one year pursuant to the City Council's
annual adoption of the Investment Policy.
The City Treasurer shall establish written procedures for the operation of the
investment program consistent with the Investment Policy. Procedures should include
reference to safekeeping, wire transfer agreements, banking service contracts, and
collateral/depository agreements. Such procedures shall include explicit delegation
of authority to persons responsible for investment transactions. No person may
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engage in an investment transaction except as provided under the terms of this
Investment Policy (see Appendix C) and the procedures established by the City
Treasurer. The City Treasurer shall be responsible for all transactions undertaken and
shall establish a system of controls to regulate the activities of subordinate officials.
VIII. ETHICS AND CONFLICTS OF INTEREST
The City Manager, City Treasurer, and City employees involved in the City's banking
and investment process shall conduct the City's business in an ethical manner and
refrain from any activity or relationship that may be, or have the appearance of, a
conflict of interest. The City will maintain compliance with the procedures set forth in
the Conflicts of Interest and Acceptance of Gifts and other Gratuities section of the
City of La Quinta Personnel Manual and the City’s Municipal Code Chapter 2.60
Conflicts of Interest. Any questionable activity or relationship shall be reported
immediately; reporting must be made in accordance with the personnel policies of
the City and, until resolved, the officer or employee shall refrain from participating in
the City's business related to the matter.
The City Manager, City Treasurer, and City employees may conduct personal business
with banks, brokers, and other financial institutions that are authorized to conduct
business with the City provided that the terms of the activity to the accountholder
with the City are the same as those that are available to the public in general, or to
all employees as a result of contract negotiations.
IX. AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS
The City Treasurer maintains a listing of financial institutions which are approved for
direct investment purposes, as well as a list of approved broker/dealers.
1. Broker/Dealers who desire to become bidders for direct investment
transactions must supply the City with the following:
• Current audited financial statements;
• Proof of Financial Industry Regulatory Authority (FINRA) Certification;
• Proof of State of California registration;
• Resume of financial broker; and
• Completion of the City of La Quinta Broker/Dealer Questionnaire, which
contains a certification of having read the City's Investment Policy.
The City Treasurer or designee shall evaluate the documentation submitted by
the broker/dealer and independently verify existing reports on file for any firm
and/or individual(s) conducting investment related business.
The City Treasurer or designee will may also contact the following agencies
during the verification process:
• Financial Industry Regulatory Authority (FINRA) Public Disclosure Report
File (1-800- 289-9999).
Formatted: Indent: Left: 0.75"
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• State of California Department of Corporations Financial Protection and
Innovation (1-866-275-26771-916-445-3062).
A professional investment manager or management firm, if engaged by the
City pursuant to Section X of this policy, may utilize their own list of approved
broker/dealers on the condition that any such list is provided to the City upon
request.
All Broker/Dealers and financial institutions that provide investment services
will be subject to City Council approval.
An annual review of the financial condition and registrations of approved
broker/dealers will be conducted by the City Treasurer or designee. Current
audited financial statements and/or System and Organizational Controls (SOC-
1 and/or SOC-2) internal control reports may be maintained on file for each
financial institution and broker/dealer with which the City conducts business.
Each mutual fund shall provide a prospectus and statement of additional
information.
2. Financial Institutions will be required to meet the following criteria in order
to receive City funds for deposit or investment (see Appendix D, "Listing of
Approved Financial Institutions"):
• Insurance - Public Funds shall be deposited only in financial institutions
having accounts insured by the Federal Deposit Insurance Corporation
(FDIC) or the National Credit Union Share Insurance Fund (NCUSIF).
• Disclosure - Each financial institution maintaining invested funds in
excess of the FDIC insured amount shall furnish the City a copy of the
most recent Call Report (Consolidated Reports of Condition and Income)
if requested. These reports can also be found at
https://cdr.ffiec.gov/public/ManageFacsimiles.aspx
The City shall not invest in excess of the FDIC insured amount in banking
institutions which do not disclose to the city a current listing of securities
pledged for collateralization in public monies.
X. PERMISSIBLE DEPOSITS AND INVESTMENTS
It is the City’s policy to follow Title 5 of the California Government Code (the
“State Code”) in regard to allowable securities, and to be sufficiently diversified
with regard to security type and issuer. Permissible deposits and investments, as
allowed by Chapter 4, Part 1, Division 2, Title 5 (hereinafter cited by §), include,
but are not limited to, the following list. The State Code can be directly referenced
at https://leginfo.legislature.ca.gov/
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Checking, Savings, and Sweep Accounts - The City will only maintain checking
and savings, accounts with state or national banks, savings associations, federal
associations, and/or credit unions in accordance with §53635.2.
• Collateralization: The amount of the City's deposits or investments not
insured by the FDIC shall be collateralized by securities in accordance with
§53652. The Treasurer may invest in an interest-bearing active deposit
account as approved in §53632. The deposit account must be collateralized
with securities that are in accordance with §53632.5. In addition, the market
value of the collateralized securities must be maintained in accordance with
§53652 and be held by a custodian in accordance with the requirements of
§53656. The proportion of the City's share of the deposit account shall be
determined in accordance with §53658.
Certificates of Deposit (Negotiable and Non-negotiable) – As authorized in
§53601(i), the City may invest in Non- Negotiable and Negotiable Certificates of
Deposits (CD) up to 30% of the overall portfolio. In no instance shall a CD or
combined CD’s with a single issuer exceed the FDIC or NCUSIF insurance limit of
$250,000.
U.S. Treasury Bills, Notes, and Bonds – As authorized in §53601(b), the City
may invest in U.S. Treasury bills, notes, and bonds directly issued and backed by
the full faith and credit of the U.S. Government. The City's Investment Policy
provides for investments in U.S. Treasury issues of 100% of the portfolio.
U.S. Government Agency Securities and Federal Government Securities –
As authorized in §53601(f), the City may invest in securities issued by U.S.
Government instrumentalities and agencies (commonly referred to as government
sponsored enterprises or GSE's). These securities may not be backed by the full
faith and credit of the U.S. Government (with the exception of Government
National Mortgage Association (GNMA) securities). Examples of GSE's include
Federal National Mortgage Association (FNMA), Federal Home Loan Mortgage
Corporation (FHLMC), Federal Home Loan Bank (FHLB), Federal Farm Credit Banks
Funding Corporation (FFCB), Federal Land Bank (FLB), Federal Intermediate
Credit Bank (FICB)Federal Agricultural Mortgage Corporation (FAMC), Tennessee
Valley Authority (TVA), and GNMA securities.
The City's Investment Policy allows investment only in securities of GNMA, FNMA,
FHLMC, FHLB, and FFCB. For Fiscal Year 2021-222022-23, the maximum face
amount per issuer is $20 million and the maximum face amount per purchase is
$10 million.
Prime Commercial Paper – As authorized in §53601(h), a portion of the City's
portfolio may be invested in commercial paper of the highest rating as provided
for by a nationally recognized statistical rating organization (NRSRO) such as
Moody’s, Fitch, or Standard & Poor’s (S&P). There are a number of other
qualifications regarding investments in commercial paper based on the financial
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strength and size of the corporation and the size of the investment. The City
limits on prime commercial paper are as defined in the State Code.
Local Agency Investment Fund (LAIF) – As authorized in §16429.1 and by
LAIF policies, local government agencies are each authorized to invest up to the
deposit limit as designated by the California State Treasurer. The City Treasurer
may not invest more than the maximum amount per account as allowed by LAIF.
Money Market Mutual Funds – As authorized in §53601(l), local agencies are
authorized to invest in shares of beneficial interest issued by diversified
management companies (mutual funds) in an amount not to exceed 20% of the
agency's portfolio. There are a number of other qualifications and restrictions
regarding allowable investments in corporate notes and shares of beneficial
interest issued by mutual funds which include (1) attaining the highest ranking or
the highest letter and numerical rating provided by not less than two of the three
largest nationally recognized rating services, or (2) having an investment advisor
registered with the Securities and Exchange Commission with not less than five
years' experience investing in the securities and obligations and with assets under
management in excess of five hundred million dollars ($500,000,000).
Corporate Notes – As authorized in §53601(k), local agencies may invest in
corporate notes. The notes must be issued by corporations organized and
operating in the United States or by depository institutions licensed by the United
States or any other state and operating in the United States. The City's
Investment Policy allows investment in corporate notes authorized by the
Government Code with the following limitations:
• Maximum 30% of the portfolio;
• Maturities shall not exceed five years from date of purchase;
• Eligible notes shall be regularly quoted and traded in the marketplace;
• Eligible notes shall be in a rating category of "AA" or better by an NRSRO;
• The maximum aggregate investment in each issuer shall not exceed $5 million
(PAR value), or no more than 10% of the total investment assets in the
commercial paper and the medium-term notes of any single issuer.
Professionally Managed Account(s) – The City Treasurer may place up to 50%
of the portfolio with a professional portfolio management/investment
management firm (firm). The firm will be approved by the City Council based upon
the City Treasurer's recommendation pursuant to completion of a public request
for proposal (RFP). The firm shall have:
• An established professional reputation for asset or investment management;
• Knowledge and working familiarity with State and Federal laws governing and
restricting the investment of public funds;
• Substantial experience providing investment management services to local
public agencies whose investment policies and portfolio size are similar to
those of the City;
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• Professional liability (errors and omissions) insurance and fidelity bonding in
such amounts as are required by the City; and
• Registration with the Securities and Exchange Commission under the
Investment Advisers Act of 1940
Before engagement by the City and except as may be specifically waived or
revised, the firm shall commit to adhere to the provisions of the City's Investment
Policy with the following exceptions:
• The firm may be granted the discretion to purchase and sell investment
securities in accordance with this Investment Policy;
• The firm is not required to adhere to a buy-and-hold policy; and
• The firm does not need City Manager or City Treasurer approval to make
permissible investments.
Local Agency Bonds and California Local Agency Obligations – As
authorized in §53601(a) and §53601(e), the City may invest in California local
agency obligations. §53601(a) pertains to investing in bonds issued by a local
agency, or by the department, board, agency or authority of the local agency.
§53601(e) pertains to investing in bonds and other defined indebtedness of any
local agency, or department, board, agency or authority of the local agency within
the State of California. The Agency obligations must be invested in the long-term
rating category of A or better by an NRSRO.
In the case of an initial public offering, including refinancings, the Treasurer may
purchase directly from the Bond Underwriter. In the case of secondary issues, the
Treasurer will rely on the approved Broker/Dealers.
XI. INVESTMENT POOLS
There are three (3) types of investment pools:
• State-run pools (e.g., LAIF);
• Pools that are operated by a political subdivision where allowed by law and the
political subdivision is the trustee (e.g., County Pools, and Joint Powers
Authorities such as the California Asset Management Program (CAMP)); and
• Pools that are operated for profit by third parties (e.g. money market funds).
The City's Investment Policy permits investment in pools and money market funds
as authorized by State Code §16429.1, §53601(l) and §53601(p).
XII. PAYMENT AND CUSTODY
The City shall engage qualified third-party custodians to act in a fiduciary capacity to
maintain appropriate evidence of the City's ownership of securities and other eligible
investments. Such custodians shall disburse funds received from the City for a
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purchase, to the broker, dealer or seller only after receiving evidence that the City
has legal, record ownership of the securities.
Even though ownership is evidenced in book-entry form rather than by actual
certificates, this procedure is commonly referred to as the delivery versus payment
(DVP) method for the transfer of securities.
XIII. INTEREST EARNING DISTRIBUTION POLICY
Interest earnings are generated from pooled investments and specific investments.
The following provisions apply to the calculation and distribution of interest earnings.
1. Pooled Investments – It is the general policy of the City to pool all available
operating cash of the City of La Quinta, Successor Agency to the City of La
Quinta Redevelopment Agency, La Quinta Financing Authority, and La Quinta
Housing Authority, and to allocate interest earnings as a payment to each fund
of an amount based on the month-end cash balance included in the common
portfolio for the earning period.
2. Specific Investments – Specific investments purchased by a fund shall incur
all earnings and expenses to that particular fund.
XIV. INTERNAL CONTROLS AND INDEPENDENT AUDITOR
The City Treasurer shall establish a system of internal controls to accomplish the
following objectives:
• Safeguard assets;
• The orderly and efficient conduct of its business, including adherence to
management policies;
• Prevention or detection of errors and fraud;
• The accuracy and completeness of accounting records; and
• Timely preparation of reliable financial information.
While no internal control system, however elaborate, can guarantee absolute
assurance that the City's assets are safeguarded, it is the intent of the City's internal
control to provide a reasonable assurance that management of the investment
function meets the City's objectives.
The internal controls shall address the following:
• Control of collusion. Collusion is a situation where two or more employees are
working in conjunction to defraud their employer.
• Separation of transaction authority from accounting and record keeping. By
separating the person who authorizes or performs the transaction from the
people who record or otherwise account for the transaction, a separation of
duties is achieved.
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• Custodial safekeeping. Securities purchased from any bank or dealer including
appropriate collateral (as defined by State Law) shall be placed with an
independent third party for custodial safekeeping.
• Avoidance of physical delivery securities. Book entry securities are much easier
to transfer and account for since actual delivery of a document never takes
place. Delivered securities must be properly safeguarded against loss or
destruction. The potential for fraud and loss increases with physically delivered
securities.
• Clear delegation of authority to subordinate staff members. Subordinate staff
members must have a clear understanding of their authority and
responsibilities to avoid improper actions. Clear delegation of authority also
preserves the internal control structure that is contingent on the various staff
positions and their respective responsibilities as outlined in the Segregation of
Major Investment Responsibilities (aAppendicesx C).
• Written confirmation of telephone transactions for investments and wire
transfers. Due to the potential for error and improprieties arising from
telephone transactions, all telephone transactions shall be supported by
written communications or electronic confirmations and approved by the
appropriate person. Written communications may be via fax or email if on
letterhead and the safekeeping institution has a list of authorized signatures.
Fax correspondence must be supported by evidence of verbal or written follow-
up.
• Development of a wire transfer agreement with the City's bank and third-party
custodian. This agreement should outline the various controls, security
provisions, and delineate responsibilities of each party making and receiving
wire transfers.
The system of internal controls developed by the City shall be reviewed annually by
the independent auditor in connection with the annual audit of the City's Financial
Statements. The independent auditor's letter on internal control over financial
reporting and compliance as it pertains to cash and investments, if any, shall be
directed to the City Manager who will direct the City Treasurer to provide a written
response to the independent auditor's letter. The auditor's letter, as it pertains, to
cash and investment activities, and the City Treasurer's response shall be provided
to the City's Financial Advisory Commission for their consideration. Following the
completion of each annual audit, the independent auditor shall meet with the
Financial Advisory Commission and discuss the auditing procedures performed and
the review of internal controls for cash and investment activities. See Appendix C,
"Segregation of Major Investment Responsibilities."
XV. REPORTING STANDARDS
The City Treasurer shall submit a quarterly Treasurer’s Report to the City Council and
the Financial Advisory Commission that includes all cash and investments under the
authority of the Treasurer. In addition, the City Treasurer or designee shall ensure
all investment transactions are reported on a monthly basis as they occur throughout
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the quarter. The Treasurer's Report shall summarize cash and investment activity
and changes in balances and include the following:
• A certification by the City Treasurer;
• A listing of purchases and sales/maturities of investments;
• Cash and Investments categorized by authorized investments; LAIF will also
be provided quarterly and show yield and maturity;
• Comparison of month- end actual holdings to Investment Policy limitations;
• A two-year list of historical interest rates.
XVI. REVIEW OF INVESTMENT PORTFOLIO
The securities held by the City must be in compliance with this Policy at the time of
purchase. Due to market conditions, some securities may no longer comply
subsequent to the date of purchase, therefore a quarterly review of the portfolio will
be conducted to identify any securities which may have fallen out of compliance. Any
major incidences of noncompliance identified during such review will be reported to
the Financial Advisory Commission for confirmation of staff course of action.
XVII. FINANCIAL ADVISORY COMMISSION - CITY OF LA QUINTA
The Financial Advisory Commission (FAC) is composed of seven members from the
public that are appointed by the City Council. The FAC’s membership, qualifications,
and powers and duties are prescribed in Chapter 2.70 of the La Quinta Municipal Code
and included in this policy as Appendix A.
On an annual basis, in conjunction with the Political Reform Act disclosure statutes,
or at any time if a change in circumstances warrants, each commissioner will provide
the City Council with a disclosure statement which identifies any matters that have a
bearing on the appropriateness of that member's service on the FAC. All
commissioners shall report annually to the City Clerk on Form 700, Statement of
Economic Interests, any activities, interests, or relationships that may be, or have
the appearance of, a conflict of interest.
XVIII. INVESTMENT POLICY ADOPTION
The City's Investment Policy will be reviewed annually by the City's Financial Advisory
Commission and the City Treasurer. The Financial Advisory Commission will forward
the Investment Policy with any revisions to the City Manager and City Attorney for
their review and comment. A joint meeting will be held with the Financial Advisory
Commission, City Manager, City Attorney, and City Treasurer to review the
Investment Policy and any comments prior to submission to the City Council for their
consideration. The Investment Policy shall be adopted by resolution of the City
Council annually before the end of June of each year.
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City of La Quinta Municipal Code Chapter 2.70
FINANCIAL ADVISORY COMMISSION
2.70.010 General rules regarding the financial advisory commission.
Except as set out below, see Chapter 2.06 for general provisions.
2.70.020 Number of members.
The financial advisory commission ("FAC") shall initially consist of seven members
appointed by, and serving at the will of, the city council. The city council may increase
or decrease the number of members from time to time but in no event shall the
membership exceed nine members or be less than five members.
2.70.030 Qualifications of members.
A. In addition to the qualification requirements set forth in Section 2.06.040
of this code, a minimum of three of the members shall be finance professionals
and shall have a verifiable background in finance and/or securities, preferably
with knowledge and/or experience in markets, financial controls and
accounting for securities.
B. For those applying for the professional position, background information will
be requested, and potential candidates must agree to a background check and
verification by the city manager or designee.
2.70.040 Powers and duties.
A. The principal functions of the FAC are:
1. Review at least annually the city's investment policy and recommend
appropriate changes;
2. Review at least quarterly the treasury report and note compliance
with the investment policy and adequacy of cash and investments for
anticipated obligations;
3. Receive and consider other reports provided by the city treasurer;
4. Meet with the independent auditor after completion of the annual
audit of the city's financial statements, and receive and consider the
auditor's comments on auditing procedures, internal controls, and
findings for cash and investment activities;
5. Review at least annually the revenue derived from the one percent
(1%) transactions and use tax instituted by voters in November 2016
to ensure these funds are used to provide services, programs and capital
projects in the city of La Quinta.
APPENDIX A
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6. Serve as a resource for the city treasurer on matters such as proposed
investments, internal controls, use of or change of financial institutions,
custodians, brokers and dealers.
B. The FAC will report to the city council after each meeting either in person
or through correspondence at a regular city council meeting. (Ord. 556 § 1,
2017)
2.70.050 References to the Investment Advisory Board.
If any other chapter(s) or section(s) in this code refers to the Investment Advisory
Board, that chapter(s) or section(s) shall be deemed to refer to the Financial Advisory
Commission established by the ordinance amending chapter 2.70 of this code.
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City of La Quinta Municipal Code Chapter 3.08
INVESTMENT OF MONEYS AND FUNDS
3.08.010 Investment of city moneys and deposit of securities.
Pursuant to, and in accordance with, and to the extent allowed by Sections 53607
and 53608 of the California Government Code, the authority to invest and reinvest
moneys of the city, to sell or exchange securities, and to deposit them and provide
for their safekeeping, is delegated to the city treasurer, which, for purposes of this
chapter, is defined in Section 2.12.010 of this code. (Ord. 529 § 1, 2015; Ord. 2 § 1,
1982)
3.08.020 Authorized investments.
Pursuant to the delegation of authority in Section 3.08.010, the city treasurer is
authorized to purchase, at their original sale or after they have been issued, securities
which are permissible investments under the city council adopted city investment
policy and any provision of state law relating to the investing of general city funds,
including, but not limited to, Sections 53601 and 53635 of the California Government
Code, as said sections now read or may hereafter be amended, from moneys in the
city treasurer's custody which are not required for the immediate necessities of the
city and as he or she may deem wise and expedient, and to sell or exchange for other
eligible securities and reinvest the proceeds of the securities so purchased. (Ord. 529
§ 1, 2015; Ord. 2 § 1, 1982)
3.08.030 Sales of Securities.
From time to time the city treasurer shall sell the securities in which city moneys
have been invested pursuant to this chapter, so that the proceeds may, as
appropriate, be applied to the purchase for which the original purchase money may
have been designated or placed in the city treasury. (Ord.2 § 1 1982)
3.08.040 City bonds.
Bonds issued by the city and purchased pursuant to this chapter may be cancelled
either in satisfaction of sinking fund obligations or otherwise if proper and
appropriate; provided, however, that the bonds may be held uncancelled and while
so held may be resold. (Ord. 2 § 1 (part), 1982)
3.08.050 Reports.
The city treasurer shall make a quarterly report to the city council of all investments
made pursuant to the authority delegated in this chapter and as permitted by Section
53646(b)(1) of the Government Code. (Ord. 529 § 1, 2015; Ord. 2 § 1, 1982)
APPENDIX B
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3.08.060 Deposits of securities.
Pursuant to the delegation of authority in Section 3.08.010, the city treasurer is
authorized to deposit for safekeeping, the securities in which city moneys have been
invested pursuant to this chapter, in any institution or depository authorized by the
city council adopted investment policy and terms of any state law, including, but not
limited to, Section 53608 of the Government Code, as it now reads or may hereafter
be amended. In accordance with said section, the city treasurer shall take from the
institution or depository a receipt for the securities so deposited and shall not be
responsible for the securities delivered to and receipted for by the institution or
depository until they are withdrawn therefrom by the city treasurer. (Ord. 529 § 1,
2015; Ord. 2 § 1, 1982)
3.08.070 Trust fund administration.
Any departmental trust fund established by the city council pursuant to Section 36523
of the Government Code shall be administered by the city treasurer in accordance
with Section 36523 and 36524 of the Government Code and any other applicable
provisions of law. (Ord. 2 § 1, 1982)
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Function Responsible Parties
Develop and recommend modifications to the City's
formal Investment Policy
City Treasurer, Financial Services Analyst, and
Financial Advisory Commission
Review City's Investment Policy and recommend
City Council action
City Manager and City Attorney
Adopt formal Investment Policy City Council
Implement formal Investment Policy City Treasurer
Review financial institutions and select investments City Treasurer or Financial Servies Analyst
Acknowledge investment selections City Manager or his/her designee
Execute investment transactions City Manager, City Treasurer, or Financial Services
Analyst
Confirm wires Accounting Manager, Accountant, or Management
Assistant
Record investment transactions in City's accounting
records
Accounting Manager or Accountant
Investment cerification- match broker confirmation
to City's investment records
City Treasurer or Financial Services Analyst
Reconcile investment records to accounting records
and bank statements
Financial Services Analyst
Reconcile investment records to treasurer's report
of investments
City Treasurer, Accounting Manager, or Financial
Services Analyst
Security of investments at City Accounting Manager or Management Assistant
Security of investments outside of City Third Party Custodian
Review internal control procedures External Auditor
SEGREGATION OF MAJOR INVESTMENT RESPONSIBILITIES
APPENDIX C
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Banking Services -Wells Fargo Bank, Government Services, Los Angeles,
CA (Banking Services)
-Bank of the West, San Francisco, CA (Banking
Services)
Custodian Services -The Bank of New York Mellon/Pershing LLC
-Stifel
Deferred Compensation -International City/County Management Association
(ICCMA) Retirement Corporation
Broker/Dealer Services -Stifel, Nicholaus, & Company, Inc.
-Higgins Capital Management, Inc.
-Great Pacific Securities
Government/Joint Powers Authority Pools -State of California Local Agency Investment Fund
(LAIF)
-California Asset Management Program (CAMP)
Trustee Services -US Bank (1)
Other Post Employment Benefits (OPEB) Trust -California Employers' Retirement Benefits Trust
(CERBT)/CalPERS
Pension Trust - Administration -Public Agency Retirement Services (PARS)
Listing of Approved Financial Institutions
(1) US Bank is the fiscal agent for all of the following bonds: 2013 (refunded in 2021), 2014 (refunded in
2021), 2016, and 2021 Successor Agency to the La Quinta Redevelopment Agency (RDA) Bonds. US
Bank is also the trustee and asset custodian for the PARS pension trust.
APPENDIX D
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INVESTMENT MANAGEMENT PROCESS AND RISK
Except as provided for in Section 27000.3, Government Code Section 53600.3
declares as a trustee each person, treasurer, or governing body authorized to make
investment decisions on behalf of local agencies. Trustees are subject to the prudent
investor standard. These persons shall act with care, skill, prudence, and diligence
under the circumstances then prevailing when investing, reinvesting, purchasing,
acquiring, exchanging, selling, and managing funds. Section 53600.5 further
stipulates that the primary objective of any person investing public funds is to
safeguard principal; secondly, to meet liquidity needs of the depositor; and lastly, to
achieve a return or yield on invested funds (Government Code Section 27000.5
specifies the same objectives for county treasurers and board of supervisors).
Risk is inherent throughout the investment process. There is investment risk
associated with any investment activity and opportunity risk related to inactivity.
Market risk is derived from exposure to overall changes in the general level of interest
rates while credit risk is the risk of loss due to the failure of the insurer of a security.
The market value of a security varies inversely with the level of interest rates. If an
investor is required to sell an investment with a five percent yield in a comparable
seven percent rate environment, that security will be sold at a loss. The magnitude
of that loss will depend on the amount of time until maturity.
Purchasing certain allowable securities with a maturity of greater than five years
requires approval of the governing board (see Government Code Section 53601).
Part of that approval process involves assessing and disclosing the risk and possible
volatility of longer-term investments
Another element of risk is liquidity risk. Instruments with call features or special
structures, or those issued by little known companies, are examples of "story bonds"
and are often thinly traded. Their uniqueness often makes finding prospective buyers
in a secondary market more difficult and, consequently, the securities' marketability
and price are discounted. However, under certain market conditions, gains are also
possible with these types of securities.
Default risk represents the possibility that the borrower may be unable to repay the
obligation as scheduled. Generally, securities issued by the federal government and
its agencies are considered the most secure, while securities issued by private
corporations or negotiable certificates of deposit issued by commercial banks have a
greater degree of risk. Securities with additional credit enhancements, such as
APPENDIX E
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bankers acceptances, collateralized repurchase agreements and collateralized bank
deposits are somewhere between the two on the risk spectrum.
The vast majority of portfolios are managed within a buy and hold policy. Investments
are purchased with the intent and capacity to hold that security until maturity. At
times, market forces or operations may dictate swapping one security for another or
selling a security before maturity. Continuous analysis and fine tuning of the
investment portfolio are considered prudent investment management.
The Government Code contains specific provisions regarding the types of investments
and practices permitted after considering the broad requirement of preserving
principal and maintaining liquidity before seeking yield. These provisions are intended
to promote the use of reliable, diverse, and safe investment instruments to better
ensure a prudently managed portfolio worthy of public trust.
Source: Chapter II. Fund Management from the Local Agency Investment Guidelines
Issued by California Debt and Investment Advisory Commission
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GLOSSARY
(Adopted from the Municipal Treasurers Association)
The purpose of this glossary is to provide the reader of the City of La Quinta
investment policies with a better understanding of financial terms used in municipal
investing.
AGENCIES: Federal agency securities and/or Government-sponsored enterprises.
COMPREHENSIVE ANNUAL COMPREHENSIVE FINANCIAL REPORT (CACFR): The
official annual report for the City of La Quinta. It includes five combined statements for
each individual fund and account group prepared in conformity with GAAP. It also includes
supporting schedules necessary to demonstrate compliance with finance-related legal and
contractual provisions, extensive introductory material, and a detailed Statistical Section.
ASKED: The price at which securities are offered.
BANKERS' ACCEPTANCE (BA): A draft or bill or exchange accepted by a bank or trust
company. The accepting institution guarantees payment of the bill, as well as the issuer.
BID: The price offered by a buyer of securities. (When you are selling securities, you ask
for a bid.) See Offer.
BROKER: A broker brings buyers and sellers together for a commission.
CERTIFICATE OF DEPOSIT (CD): A time deposit with a specific maturity evidenced by
a certificate. Large- denomination CD's are typically negotiable.
COLLATERAL: Securities, evidence of deposit or other property which a borrower
pledges to secure repayment of a loan. Also refers to securities pledged by a bank to
secure deposits of public monies.
COMMERCIAL PAPER: Short-term unsecured promissory notes issued by a corporation
to raise working capital. These negotiable instruments are purchased at a discount to par
value or at par value with interest bearing. Commercial paper is issued by corporations
such as General Motors Acceptance Corporation, IBM, Bank America, etc.
COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR): The official annual report
for the City of La Quinta. It includes five combined statements for each individual fund
and account group prepared in conformity with GAAP. It also includes supporting
schedules necessary to demonstrate compliance with finance-related legal and
contractual provisions, extensive introductory material, and a detailed Statistical Section.
APPENDIX F
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CONDUIT FINANCING: A form of Financing in which a government or a government
agency lends its name to a bond issue, although it is acting only as a conduit between a
specific project and bond holders. The bond holders can look only to the revenues from
the project being financed for repayment and not to the government or agency whose
name appears on the bond.
COUPON: (a) The annual rate of interest that a bond's issuer promises to pay the
bondholder on the bond's face value. (b) A certificate attached to a bond evidencing
interest due on a payment date.
DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions, buying
and selling for his own account.
DEBENTURE: A bond secured only by the general credit of the issuer.
DELIVERY VERSUS PAYMENT: There are two methods of delivery of securities:
delivery versus payment and delivery versus receipt. Delivery versus payment is delivery
of securities with an exchange of money for the securities. Delivery versus receipt is
delivery of securities with an exchange of a signed receipt for the securities.
DERIVATIVES: (1) Financial instruments whose return profile is linked to, or derived
from, the movement of one or more underlying index or security, and may include a
leveraging factor, or (2) financial contracts based upon notional amounts whose value is
derived from an underlying index or security (interest rates, foreign exchange rates,
equities or commodities).
DISCOUNT: The difference between the cost price of a security and its maturity when
quoted at lower than face value. A security selling below original offering price shortly
after sale also is considered to be at a discount.
DISCOUNT SECURITIES: Non-interest-bearing money market instruments that are
issued at discount and redeemed at maturity for full face value
DIVERSIFICATION: Dividing investment funds among a variety of securities offering
independent returns.
FEDERAL CREDIT AGENCIESGOVERNMENT SPONSORED ENTERPRISES (GSEs):
Agencies of the Federal government set up to supply credit to various classes of
institutions and individuals, e.g., S&L's, small business firms, students, farmers, farm
cooperatives, and exportersPrivately held corporations with public purposes created by
the U.S. Congress to reduce the cost of capital for certain borrowing sectors of the
economy. Securities issues by GSEs carry the implicit backing of the U.S. Government,
but they are not direct obligations of the U.S. Government.. Typically referred to as
‘Agency Bonds’ or ‘Agencies’.
FNMAs or Fannie Mae (Federal National Mortgage Association) - Like GNMA was
chartered under the Federal National Mortgage Association Act in 1938. FNMA is a federal
corporation working under the auspices of the Department of Housing and Urban
Development (HUD). It is the largest single provider of residential mortgage funds in the
United States. Fannie Mae, as the corporation is called, is a private stockholder-owned
corporation. The corporation's purchases include a variety of adjustable mortgages and
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second loans, in addition to fixed-rate mortgages. FNMA's securities are also highly liquid
and are widely accepted. FNMA assumes and guarantees that all security holders will
receive timely payment of principal and interest.
FHLBs (Federal Home Loan Bank Notes and Bonds) - Issued by the Federal Home Loan
Bank System to help finance the housing industry. The notes and bonds provide liquidity
and home mortgage credit to savings and loan associations, mutual savings banks,
cooperative banks, insurance companies, and mortgage-lending institutions. They are
issued irregularly for various maturities. The minimum denomination is $5,000. The notes
are issued with maturities of less than one year and interest is paid at maturity.
FLBs (Federal Land Bank Bonds) - Long-term mortgage credit provided to farmers by
Federal Land Banks. These bonds are issued at irregular times for various maturities
ranging from a few months to ten years. The minimum denomination is $1,000. They
carry semi- annual coupons. Interest is calculated on a 360-day, 30-day month basis.
FFCBs (Federal Farm Credit Bank) – Debt instruments used to finance the short and
intermediate term needs of farmers and the national agricultural industry. They are
issued monthly with three- and six-month maturities. The FFCB issues larger issues (one
to ten year) on a periodic basis. These issues are highly liquid.
FICBs (Federal Intermediate Credit Bank Debentures) - Loans to lending institutions used
to finance the short-term and intermediate needs of farmers, such as seasonal
production. They are usually issued monthly in minimum denominations of $3,000 with
a nine-month maturity. Interest is payable at maturity and is calculated on a 360-day,
30-day month basis.
FHLMCs or Freddie Mac (Federal Home Loan Mortgage Corporation) - a government
sponsored entity established in 1970 to provide a secondary market for conventional
home mortgages. Mortgages are purchased solely from the Federal Home Loan Bank
System member lending institutions whose deposits are insured by agencies of the United
States Government. They are issued for various maturities and in minimum
denominations of $10,000. Principal and interest is paid monthly.
FAMCs or Farmer Mac (Federal Agricultural Mortgage Corporation) - FAMC increases
the availability and affordability of credit for the benefit of American agriculture and rural
communities. They are the nation’s premier secondary market for agricultural credit,
providing financial solutions to a broad spectrum of the agricultural community, including
agricultural lenders, agribusinesses, and other institutions that can benefit from access
to flexible, low-cost financing and risk management tools. FAMC is regulated by the Farm
Credit Administration.
Other federal agency issues are Small Business Administration notes (SBA's),
Government National Mortgage Association notes (GNMA's), and Tennessee Valley
Authority notes (TVA's).
FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC): A federal agency that
insures bank deposits, currently up to $250,000 per deposit per entity.
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FEDERAL FUNDS RATE: The rate of interest at which Fed funds are traded. This rate is
currently pegged by the Federal Reserve through open- market operations.
FEDERAL HOME LOAN BANKS (FHLB): Government sponsored wholesale banks
(currently 12 regional banks) which lend funds and provide correspondent banking
services to member commercial banks, thrift institutions, credit unions and insurance
companies. The mission of the FHLBs is to liquefy the housing related assets of its
members who must purchase stock in their district Bank.
FEDERAL OPEN MARKET COMMITTEE (FOMC): Consists of seven members of the
Federal Reserve Board and five of the twelve Federal Reserve Bank Presidents. The
President of the New York Federal Reserve Bank is a permanent member, while the other
Presidents serve on a rotating basis. The Committee periodically meets to set Federal
Reserve guidelines regarding purchases and sales of Government Securities in the open
market as a means of influencing the volume of bank credit and money.
FEDERAL RESERVE SYSTEM: The central bank of the United States created by Congress
and consisting of a seven-member Board of Governors in Washington, D.C., 12 regional
banks and about 3,000 commercial banks that are members of the system.
GOVERNMENT NATIONAL MORTGAGE ASSOCIATION (GNMA or Ginnie Mae):
Securities influencing the volume of bank credit guaranteed by GNMA and issued by
mortgage bankers, commercial banks, savings and loan associations, and other
institutions. Security holder is protected by full faith and credit of the U.S. Government.
Ginnie Mae securities are backed by the FHA, VA or FMHM mortgages. The term "pass-
throughs" is often used to describe Ginnie Maes.
LAIF (Local Agency Investment Fund): - A special fund in the State Treasury which
local agencies may use to deposit funds for investment. There is no minimum investment
period, the minimum transaction is $5,000 and the City follows the state guidance for
maximum total balance. The City is restricted to a maximum of ten transactions per
month. It offers high liquidity because deposits can be converted to cash in 24 hours and
no interest is lost. All interest is distributed to those agencies participating on a
proportionate share basis determined by the amounts deposited and the length of time
they are deposited. Interest is paid quarterly. The State retains an amount for reasonable
costs of making the investments, not to exceed one-half of one percent of the earnings.
LIQUIDITY: A liquid asset is one that can be converted easily and rapidly into cash
without a substantial loss of value. In the money market, a security is said to be liquid if
the spread between bid and asked prices is narrow and reasonable size can be done at
those quotes.
LOCAL GOVERNMENT INVESTMENT POOL (LGIP): The aggregate of all funds from
political subdivisions that are placed in the custody of the State Treasurer for investment
and reinvestment
MARKET VALUE: The price at which a security is trading and could presumably be
purchased or sold.
Commented [RH1]: Listed under GSEs above
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MASTER REPURCHASE AGREEMENT: A written contract covering all future
transactions between the parties to repurchase-reverse repurchase agreements that
establish each party's rights in the transactions. A master agreement will often specify,
among other things, the right of the buyer- lender to liquidate the underlying securities
in the event of default by the seller-borrower.
MATURITY: The date upon which the principal or stated value of an investment becomes
due and payable.
MONEY MARKET: The market in which short-term debt instruments (bills, commercial
paper, bankers' acceptances, etc.) are issued and traded.
NRSRO (NATIONALLY RECOGNIZED STATISTICAL RATING ORGANIZATION): A
credit rating agency recognized by the Securities and Exchange Commission (SEC).
Examples include Fitch Ratings, Inc., Moody’s Investor’s Services, Inc., and S&P Global
Ratings, among others.
OFFER: The price asked by a seller of securities. (When you are buying securities, you
ask for an offer.) See Asked and Bid.
OPEN MARKET OPERATIONS: Purchases and sales of government and certain other
securities in the open market by the New York Federal Reserve Bank as directed by the
FOMC in order to influence the volume of money and credit in the economy. Purchases
inject reserves into the bank system and stimulate growth of money and credit; sales
have the opposite effect. Open market operations are the Federal Reserve's most
important and most flexible monetary policy tool.
PORTFOLIO: Collection of all cash and securities under the direction of the City
Treasurer, including Bond Proceeds.
PRIMARY DEALER: A group of government securities dealers who submit daily reports
of market activity and positions and monthly financial statements to the Federal Reserve
Bank of New York and are subject to its informal oversight. Primary dealers include
Securities and Exchange Commission (SEC) registered securities broker- dealers, banks
and a few unregulated firms.
QUALIFIED PUBLIC DEPOSITORIES: A financial institution which does not claim
exemption from the payment of any sales or compensating use or ad valorem taxes under
the laws of this state, which has segregated for the benefit of the commission eligible
collateral having a value of not less than its maximum liability and which has been
approved by the Public Deposit Protection Commission to hold public deposits.
RATE OF RETURN: The yield obtainable on a security based on its purchase price or its
current market price. This may be the amortized yield to maturity on a bond the current
income return.
REPURCHASE AGREEMENT (RP OR REPO) and REVERSE REPURCHASE
AGREEMENTS (RRP or RevRepo): A holder of securities sells these securities to an
investor with an agreement to repurchase them at a fixed price on a fixed date. The
security "buyer" in effect lends the "seller" money for the period of the agreement, and
the terms of the agreement are structured to compensate him for this. Dealers use RP
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extensively to finance their positions. Exception: When the Fed is said to be doing RP, it
is lending money that is increasing bank reserves.
SAFEKEEPING: A service to customers rendered by banks for a fee whereby securities
and valuables of all types and descriptions are held in the bank's vaults for protection.
SECONDARY MARKET: A market made for the purchase and sale of outstanding issues
following the initial distribution.
SECURITIES & EXCHANGE COMMISSION: Agency created by Congress to protect
investors in securities transactions by administering securities legislation.
SEC RULE 15C3-1: See Uniform Net Capital Rule.
SSAE 16: The Statement on Standards for Attestation Engagements No. 16 (SSAE 16)
is a set of auditing standards and guidance on using the standards, published by the
Auditing Standards Board (ASB) of the American Institute of Certified Public Accountants
(AICPA) for redefining and updating how service companies report on compliance
controls. The Service Organizational Control report (SOC-1) contains internal controls
over financial reporting and is used by auditors and office controllers.
STRUCTURED NOTES: Notes issued by Government Sponsored Enterprises (FHLB,
FNMA, SLMA, etc.) and Corporations which have imbedded options (e.g., call features,
step-up coupons, floating rate coupons, and derivative-based returns) into their debt
structure. Their market performance is impacted by the fluctuation of interest rates, the
volatility of the imbedded options and shifts in the shape of the yield curve.
SURPLUS FUNDS: Section 53601 of the California Government Code defines surplus
funds as any money not required for immediate necessities of the local agency. The City
has defined immediate necessities to be payment due within one week.
TREASURY BILLS: A non-interest- bearing discount security issued by the U.S. Treasury
to finance the national debt. Most bills are issued to mature in three months, six months
or one year.
TREASURY BONDS: Long-term coupon-bearing U.S. Treasury securities issued as direct
obligations of the U.S. Government and having initial maturities of more than 10 years.
TREASURY NOTES: Medium-term coupon-bearing U.S. Treasury securities issued as
direct obligations of the U.S. Government and having initial maturities from two to 10
years.
UNIFORM NET CAPITAL RULE: Securities and Exchange Commission requirement that
member firms as well as nonmember broker-dealers in securities maintain a maximum
ratio of indebtedness to liquid capital of 15 to 1; also called net capital rule and net capital
ratio. Indebtedness covers all money owed to a firm, including margin loans and
commitments to purchase securities, one reason new public issues are spread among
members of underwriting syndicates. Liquid capital includes cash and assets easily
converted into cash.
UNIFORM PRUDENT INVESTOR ACT: The State of California has adopted this Act. The
Act contains the following sections: duty of care, diversification, review of assets, costs,
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compliance determinations, delegation of investments, terms of prudent investor rule,
and application.
YIELD: The rate of annual return on an investment, expressed as a percentage. (a)
INCOME YIELD is obtained by dividing the current dollar income by the current market
price for the security. (b) NET YIELD or YIELD TO MATURITY is the current income yield
minus any premium above par or plus any discount from par in purchase price, with the
adjustment spread over the period from the date of purchase to the date of maturity of
the bond.
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City of La Quinta
CITY COUNCIL MEETING: June 21, 2022
STAFF REPORT
AGENDA TITLE: APPROVE DEMAND REGISTERS DATED JUNE 3 AND 10,
2022
RECOMMENDATION
Approve demand registers dated June 3 and 10, 2022.
EXECUTIVE SUMMARY – None
FISCAL IMPACT
Demand of Cash:
City 44,369,519.49$
Successor Agency of RDA
Housing Authority 19,836.23$
44,389,355.72$
BACKGROUND/ANALYSIS
Routine bills and payroll must be paid between Council meetings. Attachment
1 details the weekly demand registers for June 3, & 10, 2022.
Warrants Issued:
207951-208000 203,588.79$
208001-208044 1,538,350.90$
Wire Transfers 42,378,840.18$
P ayroll Tax Transfers 55,498.39$
Payroll Check # 37649 5,809.13$
Payroll Direct Deposit 207,268.33$
44,389,355.72$
CONSENT CALENDAR ITEM NO. 10
185
The most significant expenditures on the demand registers are:
Vendor Account Name(s)Amount Purpose
Riverside County Sheriff
Department
Various 1,244,773.58$ March Police Service
Office of Economic
Development
Museum Operations
& Makerspace
Operations
90,938.17$ Q3 Management
Service Contract
Onyx Paving Company,
Inc.
Construction 79,951.43$ Washington St Triple
Left Project
Acorn Technology Services Consultants 54,580.00$ IT Services
Imperial Irrigation District Various 38,950.29$ Electricity Service
Wire Transfers: Thirteen transfers totaled $42,378,840. Of this amount, $42
million was to The Bank of New York Mellon for investment purchases, and
$206,147 was to Landmark. (See Attachment 2 for a complete listing).
Investment Transactions: Full details of investment transactions as well as
total holdings are reported quarterly in the Treasurer’s Report.
Prepared by: Jesse Batres, Account Technician
Approved by: Rosemary Hallick, Financial Services Analyst
Attachments: 1. Demand Registers
2. Wire Transfers
Transaction Issuer Type Par Value
Settle
Date
Coupon
Rate
Purchase United States Government Treasury 4,000,000$ 6/6/22 0.125%
Purchase United States Government Treasury 4,000,000$ 6/6/22 0.125%
Purchase United States Government Treasury 2,000,000$ 6/6/22 0.125%
Purchase Jovia Credit Union CD 248,000$ 6/7/22 2.500%
Purchase United States Government Treasury 1,000,000$ 6/7/22 2.375%
Maturity PCSB Bank CD 245,000$ 6/8/22 3.000%
Purchase United States Government Treasury 500,000$ 6/8/22 2.750%
Purchase United States Government Treasury 500,000$ 6/8/22 2.625%
Purchase United States Government Treasury 500,000$ 6/9/22 1.875%
Maturity Synovus Bank CD 245,000$ 6/9/22 1.600%
Purchase Federal Farm Credit Bank Agency 500,000$ 6/10/22 2.625%
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City of La Quinta Packet: APPKT03150 - 06/03/2022 JB
AmountVendor Name Payment Number Description (Item)Account Name Account Number
Fund: 101 - GENERAL FUND
41.72Cable/Internet - Utilities05/16-06/15/22 - FS #70 CABLE (1860)207956CHARTER COMMUNICATIONS …101-2002-61400
94.41Cable/Internet - Utilities05/16-06/15/22 - FS #32 CABLE (8152)207956CHARTER COMMUNICATIONS …101-2002-61400
113.79Cable/Internet - Utilities05/24-06/23/22 - FS #93 CABLE (2415)207956CHARTER COMMUNICATIONS …101-2002-61400
1,350.00Civic Center Lake Maintenance05/2022 - LAKE MAINTENANCE SERVICES207987SOUTHWEST AQUATICS INC 101-3005-60117
1,350.00SilverRock Lake Maintenance05/2022 - LAKE MAINTENANCE SERVICES207987SOUTHWEST AQUATICS INC 101-3005-60189
200.00Annual Wellness Dollar Reimb…05/19/22 - ANNUAL WELLNESS DOLLARS D…207952ARMENDARIZ, DERRICK 101-1004-50252
385.00Maintenance/Services05/25/22 - FS #32 DRYER REPAIR207986SOUTHLAND APPLIANCE 101-2002-60691
2,890.00Marketing & Tourism Promoti…05/2-05/29/22 - DIGITAL BILLBOARDS207991THE LAMAR COMPANIES 101-3007-60461
2,200.00Marketing & Tourism Promoti…05/18-06/14/22 - AIRPORT DIGITAL DISPL…207991THE LAMAR COMPANIES 101-3007-60461
195.00Travel & Training04/29/22 - ABM REGISTRATION J.FUSON207955CALIFORNIA BUILDING OFFICI…101-6003-60320
30,000.00Contingency for Operations5/24/22 - STVR IMPACT ANALYSIS REPORT207995TXP, INC.101-1002-60510
50.40Instructors05/26/22 - YOGA DI CLASS207959CORTEZ, ELISABETH 101-3002-60107
16.80Instructors05/26/22 - TAI CHI YANG DI CLASSES207973HEWETT, ATSUKO YAMANE 101-3002-60107
31.50Instructors05/26/22 - BALLROOM DANCE DI CLASS207984SHIRY, TERESA 101-3002-60107
4,100.00Marketing & Tourism Promoti…05/2022 - CREATIVE RETAINER207951ARK CONNECTS LLC 101-3007-60461
600.00Prepaid Expense08/08/22 - MODULE TWO P.VILLANUEVA …207954CACEO 101-0000-13600
600.00Prepaid Expense08/08/22 - MODULE TWO B.RODRIGUEZ 1…207954CACEO 101-0000-13600
704.00Recruiting/Pre-Employment04/2022 - PRE EMPLOYMENT BACKGROU…207976IRC CORPORATION 101-1004-60129
4,400.00Maintenance/Services05/26/22 - SIDEWALK REPAIR ON SEELEY …207963DESERT CONCEPTS CONSTRUC…101-3005-60691
131.49Office Supplies05/18/22 - OFFICE SUPPLIES207978ODP BUSINESS SOLUTIONS, LLC 101-1006-60400
25.66Office Supplies05/19/22 - BUDGET BINDERS & KLEENEX207978ODP BUSINESS SOLUTIONS, LLC 101-1006-60400
32.30Citywide Supplies05/19/22 - CITYWIDE COFFEE SUPPLIES207978ODP BUSINESS SOLUTIONS, LLC 101-1007-60403
37.46Office Supplies05/16/22 - OFFICE SUPPLIES207978ODP BUSINESS SOLUTIONS, LLC 101-1005-60400
78.29Office Supplies05/16/22 - CUSTOM DATE STAMP207978ODP BUSINESS SOLUTIONS, LLC 101-1005-60400
418.69Community Experiences05/31/22 - WATERJET CUTTING MILITARY…207997WATERJET WEST, INC.101-3003-60149
18.26Office Supplies05/18/22 - POST-IT DISPENSER207988STAPLES ADVANTAGE 101-1006-60400
671.15Tools/Equipment05/17/22 - TOOLS207998WHITE CAP CONSTRUCTION S…101-7003-60432
875.00Map/Plan Checking5/20/22 - LLA 2022-004 ONCALL MAP CHE…207982RASA/ERIC NELSON 101-7002-60183
175.00Blood/Alcohol Testing04/2022 - BLOOD/ALCOHOL ANALYSIS (DO…207962DEPARTMENT OF JUSTICE 101-2001-60174
245.00Janitorial02/22/22 - ALONGI BUILDING CLEANING207977MERCHANTS BUILDING MAINT…101-3008-60115
35.56Postage05/19/22 - OVERNIGHT MAIL207971FEDEX 101-1007-60470
2,625.00Plan Checks03/2022 - ONCALL PLAN REVIEW207970ESGIL CORPORATION 101-6003-60118
58.87Postage05/19/22 - SHIP VETERANS PANEL FOR EN…207979ONTRAC 101-1007-60470
608.00Maintenance/Services5/31/22 - SAFETY SURFACING INSTALLATI…207981PWLC II, INC 101-3005-60691
20,098.25Animal Shelter Contract Service04/2022 - ANIMAL SERVICES207961DEPARTMENT OF ANIMAL SER…101-6004-60197
1,311.47Disaster Prep Supplies5/24/22 PORTABLE LIGHTING FOR EMERG…207960CRAFCO, INC 101-2002-60406
2,556.20Electricity - Utilities05/31/22 - ELECTRICITY SERVICE207975IMPERIAL IRRIGATION DIST 101-2002-61101
2,295.41Electric - Civic Center Park - Uti…05/31/22 - ELECTRICITY SERVICE207975IMPERIAL IRRIGATION DIST 101-3005-61103
1,548.37Electric - Fritz Burns Park - Utili…05/31/22 - ELECTRICITY SERVICE207975IMPERIAL IRRIGATION DIST 101-3005-61105
2,450.24Electric - Sports Complex - Utili…05/31/22 - ELECTRICITY SERVICE207975IMPERIAL IRRIGATION DIST 101-3005-61106
447.68Electric - Colonel Paige - Utiliti…05/31/22 - ELECTRICITY SERVICE207975IMPERIAL IRRIGATION DIST 101-3005-61108
32.22Electric - Adams Park - Utilities05/31/22 - ELECTRICITY SERVICE207975IMPERIAL IRRIGATION DIST 101-3005-61110
13.94Electric - Velasco Park - Utilities05/31/22 - ELECTRICITY SERVICE207975IMPERIAL IRRIGATION DIST 101-3005-61111
22.65Electric - Eisenhower Park - Util…05/31/22 - ELECTRICITY SERVICE207975IMPERIAL IRRIGATION DIST 101-3005-61113
13.36Electric - Desert Pride - Utilities05/31/22 - ELECTRICITY SERVICE207975IMPERIAL IRRIGATION DIST 101-3005-61114
16,400.54Electricity - Utilities05/31/22 - ELECTRICITY SERVICE207975IMPERIAL IRRIGATION DIST 101-3008-61101
2,427.82Water - Civic Center Park - Utili…05/31/22 - WATER SERVICE207957COACHELLA VALLEY WATER DI…101-3005-61202
3,929.53Water -Community Park - Utilit…05/31/22 - WATER SERVICE207957COACHELLA VALLEY WATER DI…101-3005-61209
371.87PM 10 - Dust Control05/31/22 - WATER SERVICE207957COACHELLA VALLEY WATER DI…101-7006-60146
525.00Consultants/Employee Services05/2022 - STRETCH & MEDITATION EMPL…207999YOCKEY, JENNIFER LYNNE 101-1004-60104
39.74Gas - Utilities04/22-05/23/22 - FS #32 GAS SVC207990THE GAS COMPANY 101-2002-61100
171.36Gas - Utilities04/22-05/23/22 - CH GAS SVC207990THE GAS COMPANY 101-3008-61100
940.32Gas-Utilities FB Pool04/22-05/23/22 - FB POOL GAS SVC207990THE GAS COMPANY 101-3005-61100
ATTACHMENT 1
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AmountVendor Name Payment Number Description (Item)Account Name Account Number
137.51Gas - Utilities04/22-05/23/22 - WC GAS SVC207990THE GAS COMPANY 101-3008-61100
95.68Cable/Internet - Utilities05/22-06/21/22 - EOC CABLE207964DISH NETWORK 101-2002-61400
114.10Water - Utilities05/31/22 - WATER SERVICE207957COACHELLA VALLEY WATER DI…101-2002-61200
106.54Water -Eisenhower Park - Utilit…05/31/22 - WATER SERVICE207957COACHELLA VALLEY WATER DI…101-3005-61203
1,952.69Water -Fritz Burns Park - Utiliti…05/31/22 - WATER SERVICE207957COACHELLA VALLEY WATER DI…101-3005-61204
90.72Water -Velasco Park - Utilities05/31/22 - WATER SERVICE207957COACHELLA VALLEY WATER DI…101-3005-61205
1,357.30Water - Utilities05/31/22 - WATER SERVICE207957COACHELLA VALLEY WATER DI…101-3008-61200
173.01Mobile/Cell Phones/Satellites05/23-06/22/22 - EOC SATELLITE PHONES207983ROADPOST USA INC.101-2002-61304
8.44Materials/Supplies03/2022 - SERVICE CHARGE207972FERGUSON ENTERPRISES, INC 101-3008-60431
Fund 101 - GENERAL FUND Total:114,990.31
Fund: 201 - GAS TAX FUND
798.89Safety Gear05/16/22 - LONG SLEEVE T-SHIRTS (47)207989SUMMIT SAFETY LLC 201-7003-60427
4,639.16Traffic Control Signs05/09/22 - STREET SIGNS (105)208000ZUMAR INDUSTRIES INC 201-7003-60429
1,794.11Traffic Control Signs05/13/22 - STREET SIGN POLES (20)208000ZUMAR INDUSTRIES INC 201-7003-60429
698.02Electricity - Utilities05/31/22 - ELECTRICITY SERVICE207975IMPERIAL IRRIGATION DIST 201-7003-61101
Fund 201 - GAS TAX FUND Total:7,930.18
Fund: 202 - LIBRARY & MUSEUM FUND
4,632.72Electricity - Utilities05/31/22 - ELECTRICITY SERVICE207975IMPERIAL IRRIGATION DIST 202-3004-61101
1,475.08Electricity - Utilities05/31/22 - ELECTRICITY SERVICE207975IMPERIAL IRRIGATION DIST 202-3006-61101
17.17Gas - Utilities04/22-05/23/22 - LIBRARY GAS SVC207990THE GAS COMPANY 202-3004-61100
Fund 202 - LIBRARY & MUSEUM FUND Total:6,124.97
Fund: 215 - LIGHTING & LANDSCAPING FUND
758.39Materials/Supplies05/16/22 - LANDSCAPE D.G FOR AVE 54207994TRI-STATE MATERIALS INC 215-7004-60431
763.84Materials/Supplies05/17/22 - LANDSCAPE D.G FOR AVE 54207994TRI-STATE MATERIALS INC 215-7004-60431
2,208.53Materials/Supplies05/18/22 - LANDSCAPE ROCK & D.G FOR …207994TRI-STATE MATERIALS INC 215-7004-60431
2,772.00Materials/Supplies05/23/22 - LANDSCAPE ROCK FOR AVE 54207994TRI-STATE MATERIALS INC 215-7004-60431
775.07Materials/Supplies05/19/22 - LANDSCAPE D.G FOR AVE 54207994TRI-STATE MATERIALS INC 215-7004-60431
170.30Supplies-Graffiti and Vandalism05/23/22 - PAINT FOR GRAFFITI REMOVAL207992THE SHERWIN-WILLIAMS CO.215-7004-60423
174.64Supplies-Graffiti and Vandalism05/26/22 - PAINT FOR GRAFFITI REMOVAL207992THE SHERWIN-WILLIAMS CO.215-7004-60423
167.77Supplies-Graffiti and Vandalism05/26/22 - SUPPLIES FOR GRAFFITI REMO…207992THE SHERWIN-WILLIAMS CO.215-7004-60423
16.86Safety Gear05/17/22 - STRAW HAT207985SMITH PIPE & SUPPLY CO 215-7004-60427
77.39Materials/Supplies05/17/22 - IRRIGATION SUPPLIES207985SMITH PIPE & SUPPLY CO 215-7004-60431
351.18Materials/Supplies05/18/22 - FIELD DECODER FOR IRRIGATI…207974HIGH TECH IRRIGATION INC 215-7004-60431
2,432.00Maintenance/Services5/17-5/20/22 - GROUND COVER INSTALLA…207981PWLC II, INC 215-7004-60691
2,432.00Maintenance/Services5/23-5/27/22 - GROUND COVER INSTALLA…207981PWLC II, INC 215-7004-60691
3,903.48Electric - Utilities05/31/22 - ELECTRICITY SERVICE207975IMPERIAL IRRIGATION DIST 215-7004-61116
1,619.69Electric - Medians - Utilities05/31/22 - ELECTRICITY SERVICE207975IMPERIAL IRRIGATION DIST 215-7004-61117
12,598.98Water - Medians - Utilities05/31/22 - WATER SERVICE207957COACHELLA VALLEY WATER DI…215-7004-61211
Fund 215 - LIGHTING & LANDSCAPING FUND Total:31,222.12
Fund: 227 - STATE HOMELAND SECURITY PROGRAMS (SHSP)
4,896.00SHSP Grant5/24/22 PORTABLE LIGHTING FOR EMERG…207960CRAFCO, INC 227-0000-43120
Fund 227 - STATE HOMELAND SECURITY PROGRAMS (SHSP) Total:4,896.00
Fund: 230 - CASp FUND, AB 1379
515.20Contributions to State Agency10/2021-12/2021 - SB 1186 FEES207965DIVISION OF THE STATE ARCHI…230-0000-60480
452.80Contributions to State Agency07/2021-09/2021 - SB 1186 FEES207965DIVISION OF THE STATE ARCHI…230-0000-60480
Fund 230 - CASp FUND, AB 1379 Total:968.00
Fund: 235 - SO COAST AIR QUALITY FUND
840.69Electricity - Utilities05/31/22 - ELECTRICITY SERVICE207975IMPERIAL IRRIGATION DIST 235-0000-61101
Fund 235 - SO COAST AIR QUALITY FUND Total:840.69
Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS
1,440.00Construction05/2022 SRR RETENTION BASIN MAINT PA…207996URBAN HABITAT 401-0000-60188
27,110.94Construction5/24/22 VIDEO DETECTION FRED WARNI…207966ECONOLITE CONTROL PRODU…401-0000-60188
Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total:28,550.94
Fund: 501 - FACILITY & FLEET REPLACEMENT
400.00Vehicles, Purchased5/6/22 - 2017 SILVERADO 2500HD PURCH…207968ENTERPRISE FM TRUST 501-0000-71031
400.00Vehicles, Purchased5/6/22 - 2017 SILVERADO 2500HD PURCH…207967ENTERPRISE FM TRUST 501-0000-71031
400.00Vehicles, Purchased5/6/22 - 2017 SILVERADO 2500HD PURCH…207969ENTERPRISE FM TRUST 501-0000-71031
1,095.48Motorcycle Repair & Mainten…05/17/22 - MOTORCYCLE ANNUAL SERVIC…207953BMW MOTORCYCLES OF RIVE…501-0000-60679
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AmountVendor Name Payment Number Description (Item)Account Name Account Number
321.97Motorcycle Repair & Mainten…05/17/22 - MOTORCYCLE TIRE SERVICE A1…207953BMW MOTORCYCLES OF RIVE…501-0000-60679
339.41Parts, Accessories, and Upfits05/24/22 - VEHICLE DECALS207980PLANIT REPROGRAPHICS SYST…501-0000-60675
4,977.04Fuel & Oil05/01-05/15/22 - FUEL207993TOWER ENERGY GROUP 501-0000-60674
Fund 501 - FACILITY & FLEET REPLACEMENT Total:7,933.90
Fund: 502 - INFORMATION TECHNOLOGY
10.52Cable/Internet - Utilities05/20-06/19/22 - WC CABLE (1909)207956CHARTER COMMUNICATIONS …502-0000-61400
120.16Operating Supplies05/18/22 -KEYBOARD FOR V.ORTEGA207978ODP BUSINESS SOLUTIONS, LLC 502-0000-60420
Fund 502 - INFORMATION TECHNOLOGY Total:130.68
Fund: 503 - PARK EQUIP & FACILITY FUND
1.00Parks06/16/22-06/16/23 - PIONEER PARK LEASE207958COACHELLA VALLEY WATER DI…503-0000-71060
Fund 503 - PARK EQUIP & FACILITY FUND Total:1.00
Grand Total:203,588.79
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Fund Summary
Fund Expense Amount
101 - GENERAL FUND 114,990.31
201 - GAS TAX FUND 7,930.18
202 - LIBRARY & MUSEUM FUND 6,124.97
215 - LIGHTING & LANDSCAPING FUND 31,222.12
227 - STATE HOMELAND SECURITY PROGRAMS (SHSP)4,896.00
230 - CASp FUND, AB 1379 968.00
235 - SO COAST AIR QUALITY FUND 840.69
401 - CAPITAL IMPROVEMENT PROGRAMS 28,550.94
501 - FACILITY & FLEET REPLACEMENT 7,933.90
502 - INFORMATION TECHNOLOGY 130.68
503 - PARK EQUIP & FACILITY FUND 1.00
Grand Total:203,588.79
Account Summary
Account Number Account Name Expense Amount
101-0000-13600 Prepaid Expense 1,200.00
101-1002-60510 Contingency for Operatio…30,000.00
101-1004-50252 Annual Wellness Dollar Re…200.00
101-1004-60104 Consultants/Employee Se…525.00
101-1004-60129 Recruiting/Pre-Employme…704.00
101-1005-60400 Office Supplies 115.75
101-1006-60400 Office Supplies 175.41
101-1007-60403 Citywide Supplies 32.30
101-1007-60470 Postage 94.43
101-2001-60174 Blood/Alcohol Testing 175.00
101-2002-60406 Disaster Prep Supplies 1,311.47
101-2002-60691 Maintenance/Services 385.00
101-2002-61100 Gas - Utilities 39.74
101-2002-61101 Electricity - Utilities 2,556.20
101-2002-61200 Water - Utilities 114.10
101-2002-61304 Mobile/Cell Phones/Satell…173.01
101-2002-61400 Cable/Internet - Utilities 345.60
101-3002-60107 Instructors 98.70
101-3003-60149 Community Experiences 418.69
101-3005-60117 Civic Center Lake Mainten…1,350.00
101-3005-60189 SilverRock Lake Maintena…1,350.00
101-3005-60691 Maintenance/Services 5,008.00
101-3005-61100 Gas-Utilities FB Pool 940.32
101-3005-61103 Electric - Civic Center Park…2,295.41
101-3005-61105 Electric - Fritz Burns Park -…1,548.37
101-3005-61106 Electric - Sports Complex -…2,450.24
101-3005-61108 Electric - Colonel Paige - U…447.68
101-3005-61110 Electric - Adams Park - Util…32.22
101-3005-61111 Electric - Velasco Park - Uti…13.94
101-3005-61113 Electric - Eisenhower Park …22.65
101-3005-61114 Electric - Desert Pride - Uti…13.36
101-3005-61202 Water - Civic Center Park -…2,427.82
101-3005-61203 Water -Eisenhower Park -…106.54
101-3005-61204 Water -Fritz Burns Park - …1,952.69
101-3005-61205 Water -Velasco Park - Utili…90.72
101-3005-61209 Water -Community Park -…3,929.53
101-3007-60461 Marketing & Tourism Pro…9,190.00
101-3008-60115 Janitorial 245.00
101-3008-60431 Materials/Supplies 8.44
101-3008-61100 Gas - Utilities 308.87
101-3008-61101 Electricity - Utilities 16,400.54
101-3008-61200 Water - Utilities 1,357.30
101-6003-60118 Plan Checks 2,625.00
101-6003-60320 Travel & Training 195.00
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Account Summary
Account Number Account Name Expense Amount
101-6004-60197 Animal Shelter Contract S…20,098.25
101-7002-60183 Map/Plan Checking 875.00
101-7003-60432 Tools/Equipment 671.15
101-7006-60146 PM 10 - Dust Control 371.87
201-7003-60427 Safety Gear 798.89
201-7003-60429 Traffic Control Signs 6,433.27
201-7003-61101 Electricity - Utilities 698.02
202-3004-61100 Gas - Utilities 17.17
202-3004-61101 Electricity - Utilities 4,632.72
202-3006-61101 Electricity - Utilities 1,475.08
215-7004-60423 Supplies-Graffiti and Van…512.71
215-7004-60427 Safety Gear 16.86
215-7004-60431 Materials/Supplies 7,706.40
215-7004-60691 Maintenance/Services 4,864.00
215-7004-61116 Electric - Utilities 3,903.48
215-7004-61117 Electric - Medians - Utiliti…1,619.69
215-7004-61211 Water - Medians - Utilities 12,598.98
227-0000-43120 SHSP Grant 4,896.00
230-0000-60480 Contributions to State Ag…968.00
235-0000-61101 Electricity - Utilities 840.69
401-0000-60188 Construction 28,550.94
501-0000-60674 Fuel & Oil 4,977.04
501-0000-60675 Parts, Accessories, and Up…339.41
501-0000-60679 Motorcycle Repair & Main…1,417.45
501-0000-71031 Vehicles, Purchased 1,200.00
502-0000-60420 Operating Supplies 120.16
502-0000-61400 Cable/Internet - Utilities 10.52
503-0000-71060 Parks 1.00
Grand Total:203,588.79
Project Account Summary
Project Account Key Expense AmountProject Account Name Project Name
**None**132,896.02**None****None**
201804E 12,141.83Landscape & Lighting Median Island …Landscape & Lighting Median Island Improvements
202007CT 1,440.00Construction Expense SilverRock Retention Basin Soil Stabilization
2122TMICT 27,110.94Construction Expense FY21/22 Traffic Maintenance Improvements
STVRE 30,000.00Short Term Vacation Rental Expense Short Term Vacation Rental Tracking
Grand Total:203,588.79
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Demand Register
City of La Quinta Packet: APPKT03154 - JD 06/10/22
AmountVendor Name Payable Number Description (Item)Account Name Account Number
Fund: 101 - GENERAL FUND
44.00Over Payments, AR Policy06/01/22 BL-0006818 FOOD ESTABLISH060122230-CIRCLE K STORES, INC.101-0000-20330
489.76Blood/Alcohol Testing05/16/22 - BLOOD/ALCOHOL ANALYSIS76025AMERICAN FORENSIC NURSE 101-2001-60174
300.00Blood/Alcohol Testing05/16/22 - BLOOD/ALCOHOL ANALYSIS76027AMERICAN FORENSIC NURSE 101-2001-60174
244.88Blood/Alcohol Testing05/26/22 - BLOOD/ALCOHOL ANALYSIS76063AMERICAN FORENSIC NURSE 101-2001-60174
199.00Membership Dues06/07/22 APT US&C MEMBERSHIP24879ASSOCIATION OF PUBLIC TRE 101-1006-60351
299.00Travel & Training06/14-06/15/22 CPFIM CLASS- RHALLIC24884ASSOCIATION OF PUBLIC TRE 101-1006-60320
530.00Blood/Alcohol Testing04/15/22 - BLOOD/ALCOHOL ANALYSIS42666BIO-TOX LABORATORIES 101-2001-60174
655.00Blood/Alcohol Testing05/16/22 - BLOOD/ALCOHOL ANALYSIS42797BIO-TOX LABORATORIES 101-2001-60174
92.00Blood/Alcohol Testing05/16/22 - BLOOD/ALCOHOL ANALYSIS42850BIO-TOX LABORATORIES 101-2001-60174
200.00Uniforms05/15/22 WORK BOOT REIMBURSEME051522BLAND, ELMER ROBERT 101-6003-60690
99.99Cable/Internet - Utilities5/29-6/28/22 FS #32 INTERNET (6491)0586491052922CHARTER COMMUNICATION 101-2002-61400
200.00Uniforms06/06/22 WORK BOOTS-D.CLAYTON060622CLAYTON JR., DUANE 101-6003-60690
538.36Annual Permits/Inspections05/31/22 PW VEHICLES FIRE EXTINGUIS12461314DESERT FIRE EXTINGUISHER 101-3008-60196
362.45Annual Permits/Inspections05/31/22 PW FIRE EXTINGUISHER SVC/12461315DESERT FIRE EXTINGUISHER 101-3008-60196
707.12Annual Permits/Inspections05/31/22 CH FIRE EXTINGUISHER SVC/12461318DESERT FIRE EXTINGUISHER 101-3008-60196
4,965.00MarkeƟng & Tourism Promo06/2022 SUMMER GUIDE ADS92678DESERT PUBLICATIONS INC 101-3007-60461
176.43Materials/Supplies05/24/22 X-PARK MULTI ROLL TISSUE DI1394624-1FERGUSON ENTERPRISES, IN 101-3008-60431
221.25Garnishments PayableGARNISHMENT0003019FRANCHISE TAX BOARD 101-0000-20985
571.63Cable/Internet - Utilities05/26-06/25/22 POLICE INTERNETJUNE'221970587FRONTIER COMMUNICATION 101-2001-61400
38.08Telephone - Utilities5/28-6/27/22 SPORTS COMPLEX PHONJUNE'227713100FRONTIER COMMUNICATION 101-3005-61300
2,436.49Consultants04/01-06/30/22-Q4/2021 CONTRACT & SIN017809HINDERLITER DE LLAMAS & 101-1006-60104
1,636.44Community Experiences04/30/22 CITY PICNIC2826LH PRODUCTIONS 101-3003-60149
90.00Janitorial04/30/22 CIVIC PARK RESTROOM CLEA670254MERCHANTS BUILDING MAI 101-3008-60115
400.00Fritz Burns Pool Maintenanc01/2022 FB POOL DECK CLEANINGOC-39305OCEAN SPRINGS TECH INC 101-3005-60184
5,103.00Fritz Burns Pool MaintenancFB POOL MAINTOC-40436OCEAN SPRINGS TECH INC 101-3005-60184
846.40Operating Supplies05/26/22IN3000108342PETRA-1, LP 101-3002-60420
893.10Machinery & Equipment05/26/22 WC GENERATOR MAINTENANWOG00013064QUINN COMPANY 101-2002-80101
745,657.54Sheriff Patrol03/10-04/06/22 SHERIFF PATROL HOURSH0000040968RIVERSIDE COUNTY SHERIFF 101-2001-60161
36,205.35Police Overtime03/10-04/06/22 OVERTIMESH0000040968RIVERSIDE COUNTY SHERIFF 101-2001-60162
116,357.19Target Team03/10-04/06/22 TARGET TEAMSH0000040968RIVERSIDE COUNTY SHERIFF 101-2001-60163
63,297.67Community Services Officer03/10-04/06/22 CSO IISH0000040968RIVERSIDE COUNTY SHERIFF 101-2001-60164
15,294.40Gang Task Force03/10-04/06/22 DEPUTY GANG TASK FSH0000040968RIVERSIDE COUNTY SHERIFF 101-2001-60166
15,294.40Narcotics Task Force03/10-04/06/22 DEPUTY NARCOTICS TFSH0000040968RIVERSIDE COUNTY SHERIFF 101-2001-60167
139,645.57Motor Officer03/10-04/06/22 MOTOR TEAM/TRAFFISH0000040968RIVERSIDE COUNTY SHERIFF 101-2001-60169
41,269.03Dedicated Sargeants03/10-04/06/22 SERGEANTSH0000040968RIVERSIDE COUNTY SHERIFF 101-2001-60170
23,384.00Dedicated Lieutenant03/10-04/06/22 LIEUTENANTSH0000040968RIVERSIDE COUNTY SHERIFF 101-2001-60171
30,092.53Sheriff - Mileage03/10-04/06/22 MILEAGESH0000040968RIVERSIDE COUNTY SHERIFF 101-2001-60172
8,719.79Special Enforcement Funds03/10-04/06/22 SPECIAL PROTECTSSH0000040968RIVERSIDE COUNTY SHERIFF 101-2001-60175
374.67Temporary Agency Services05/20/22 TEMP AGENCY SVCS T.SUDAK60046265ROBERT HALF 101-6006-60125
200.00Annual Wellness Dollar Reim05/31/22 WELLNESS DOLLARS REIMBU053122SALAS, MICHAEL 101-1004-50252
30.65Office Supplies05/24/22 UTENSILS3508721390STAPLES ADVANTAGE 101-1006-60400
111.63Gas - Utilities4/29-5/31/22 FS #32MAY'2216568548THE GAS COMPANY 101-2002-61100
1,944.80Telephone - Utilities05/23-06/22/22 EOC PHONE LINE SVC157302570-0TPX COMMUNICATIONS 101-2002-61300
37.00United Way DeductionsCONTRIBUTION0003021UNITED WAY OF THE DESERT 101-0000-20981
875.64Telephone - Utilities04/26-05/25/22 LQPD CELL9907341678VERIZON WIRELESS 101-2001-61300
656.85Maintenance/ServicesFIRE STATION 93 ELECTRICAL SERVICE74145VINTAGE E & S INC 101-2002-60691
765.47Maintenance/ServicesXPARK ELECTRICAL SERVICES74174VINTAGE E & S INC 101-3008-60691
9,391.86Sponsorships/AdvertisingStreet Pole Banners - 40th Anniversary 22-46698XPRESS GRAPHICS 101-3007-60450
Fund 101 - GENERAL FUND Total: 1,271,945.42
Fund: 202 - LIBRARY & MUSEUM FUND
154.06Fire Extinguisher Service05/31/22 MUSEUM FIRE EXTINGUISHE12461312DESERT FIRE EXTINGUISHER 202-3006-60664
134.00Fire Extinguisher Service05/31/22 LIBRARY FIRE EXTINGUISHER 12461316DESERT FIRE EXTINGUISHER 202-3004-60664
294.00HVAC06/01/22 MUSEUM HVAC-CONTACTER CP2609FIRST CHOICE A/C & HEATIN 202-3006-60667
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AmountVendor Name Payable Number Description (Item)Account Name Account Number
36,040.58Makerspace Operations01/01-03/31/22 - QTR 3 MAKERSPACE C2022-21OFFICE OF ECONOMIC DEVE 202-3009-60105
54,897.59Museum Operations01/01-03/31/22 - QTR 3 MUSEUM CON2022-22OFFICE OF ECONOMIC DEVE 202-3006-60105
127.20Maintenance/Services01/06/22 MUSEUM ENTRANCE SIGN8244TOP OF THE LINE SIGNS 202-3006-60691
Fund 202 - LIBRARY & MUSEUM FUND Total: 91,647.43
Fund: 212 - SLESA (COPS) FUND
9,556.11COPS Burglary/TheŌ Preven03/10-04/06/22 BURGLARY/THEFT PROSH0000040968RIVERSIDE COUNTY SHERIFF 212-0000-60179
Fund 212 - SLESA (COPS) FUND Total: 9,556.11
Fund: 215 - LIGHTING & LANDSCAPING FUND
21.42Materials/Supplies06/06/22 PHOTOCONTROL THREAD MOS2980078.002DESERT ELECTRIC SUPPLY 215-7004-60431
1,216.00Maintenance/Services05/31/22 & 06/01/22 AVE 54 BASIC LAB94436PWLC II, INC 215-7004-60691
781.49Materials/Supplies05/26/22 D.G. MATERIAL101483TRI-STATE MATERIALS INC 215-7004-60431
Fund 215 - LIGHTING & LANDSCAPING FUND Total: 2,018.91
Fund: 241 - HOUSING AUTHORITY
6,850.00Professional Services05/2022 HOUSING COMPLIANCE AND 125CAHA, BECKY 241-9101-60103
Fund 241 - HOUSING AUTHORITY Total: 6,850.00
Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS
-4,207.97Retention Payable2017-01 RETENTION PAYMENT20-118-FONYX PAVING COMPANY INC 401-0000-20600
84,159.40Construction2017-01 PROGRESS PAYMENT NO. 620-118-FONYX PAVING COMPANY INC 401-0000-60188
Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total: 79,951.43
Fund: 501 - FACILITY & FLEET REPLACEMENT
78.23Vehicle Repair & Maintenan04/04/22 ANTIFREEZE/COOLANT5560137567AUTOZONE 501-0000-60676
107.95Vehicle Repair & Maintenan04/05/22 VEHICLE SUPPLIES5560138529AUTOZONE 501-0000-60676
13.60Vehicle Repair & Maintenan04/29/22 FASTNERS AND KIT5560164649AUTOZONE 501-0000-60676
160.00Vehicle Repair & Maintenan04/28/22 VEHICLE KEYSCVCS215546CHEVROLET CADILLAC 501-0000-60676
975.49Parts, Accessories, and Upfit05/31/22 FIRE EXTINGUISHERS FOR PW 12461313DESERT FIRE EXTINGUISHER 501-0000-60675
819.59Vehicle Repair & Maintenan05/2022 CAR WASH MEMBERSHIPARB138615S&D CARWASH MANAGEME 501-0000-60676
5,557.20Fuel & Oil05/16-05/31/22 FUEL9771159-INTOWER ENERGY GROUP 501-0000-60674
Fund 501 - FACILITY & FLEET REPLACEMENT Total: 7,712.06
Fund: 502 - INFORMATION TECHNOLOGY
25,035.00Consultants06/2022 IT SERVICES95873ACORN TECHNOLOGY SERVIC 502-0000-60104
745.00Consultants06/01/22 (2) FILE SERVER RENEWALS95874ACORN TECHNOLOGY SERVIC 502-0000-60104
28,800.00Consultants06/01/22 TAEGIS VDR TG-VDR-000500 L95905-DACORN TECHNOLOGY SERVIC 502-0000-60104
507.00Prepaid Expense07/01-09/30/22 COVID 19 CHECK IN APC-2022-494CALCIUM LLC 502-0000-13600
5,647.64Software LicensesIT SOFTWARE PURCHASESZ123983CDW GOVERNMENT INC 502-0000-60301
266.66Cable/Internet - Utilities05/24-06/23/22 WC CABLE (4601)0504601052422CHARTER COMMUNICATION 502-0000-61400
85.98Cable/Internet - Utilities05/26-06/24/22 CH INTERNETJUNE'221693171FRONTIER COMMUNICATION 502-0000-61400
75.98Cable/Internet - Utilities05/27-06/26/22 BLACKHAWK/LQ PARK JUNE'223604861FRONTIER COMMUNICATION 502-0000-61400
3,620.28Telephone - Utilities05/23-06/22/22 PHONE LINE SVC157302570-0TPX COMMUNICATIONS 502-0000-61300
Fund 502 - INFORMATION TECHNOLOGY Total: 64,783.54
Fund: 601 - SILVERROCK RESORT
3,886.00Repair & Maintenance04/12/22 SRR GREASE TRAP & DRAINS 679732944ROTO ROOTER PLUMBERS IN 601-0000-60660
Fund 601 - SILVERROCK RESORT Total: 3,886.00
Grand Total: 1,538,350.90
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Fund Summary
Fund Expense Amount
101 - GENERAL FUND 1,271,945.42
202 - LIBRARY & MUSEUM FUND 91,647.43
212 - SLESA (COPS) FUND 9,556.11
215 - LIGHTING & LANDSCAPING FUND 2,018.91
241 - HOUSING AUTHORITY 6,850.00
401 - CAPITAL IMPROVEMENT PROGRAMS 79,951.43
501 - FACILITY & FLEET REPLACEMENT 7,712.06
502 - INFORMATION TECHNOLOGY 64,783.54
601 - SILVERROCK RESORT 3,886.00
Grand Total: 1,538,350.90
Account Summary
Account Number Account Name Expense Amount
101-0000-20330 Over Payments, AR Polic 44.00
101-0000-20981 United Way Deductions 37.00
101-0000-20985 Garnishments Payable 221.25
101-1004-50252 Annual Wellness Dollar 200.00
101-1006-60104 Consultants 2,436.49
101-1006-60320 Travel & Training 299.00
101-1006-60351 Membership Dues 199.00
101-1006-60400 Office Supplies 30.65
101-2001-60161 Sheriff Patrol 745,657.54
101-2001-60162 Police Overtime 36,205.35
101-2001-60163 Target Team 116,357.19
101-2001-60164 Community Services Offi 63,297.67
101-2001-60166 Gang Task Force 15,294.40
101-2001-60167 Narcotics Task Force 15,294.40
101-2001-60169 Motor Officer 139,645.57
101-2001-60170 Dedicated Sargeants 41,269.03
101-2001-60171 Dedicated Lieutenant 23,384.00
101-2001-60172 Sheriff - Mileage 30,092.53
101-2001-60174 Blood/Alcohol Testing 2,311.64
101-2001-60175 Special Enforcement Fun 8,719.79
101-2001-61300 Telephone - Utilities 875.64
101-2001-61400 Cable/Internet - Utilities 571.63
101-2002-60691 Maintenance/Services 656.85
101-2002-61100 Gas - Utilities 111.63
101-2002-61300 Telephone - Utilities 1,944.80
101-2002-61400 Cable/Internet - Utilities 99.99
101-2002-80101 Machinery & Equipment 893.10
101-3002-60420 Operating Supplies 846.40
101-3003-60149 Community Experiences 1,636.44
101-3005-60184 Fritz Burns Pool Mainten 5,503.00
101-3005-61300 Telephone - Utilities 38.08
101-3007-60450 Sponsorships/AdverƟsin 9,391.86
101-3007-60461 MarkeƟng & Tourism Pr 4,965.00
101-3008-60115 Janitorial 90.00
101-3008-60196 Annual Permits/InspecƟ 1,607.93
101-3008-60431 Materials/Supplies 176.43
101-3008-60691 Maintenance/Services 765.47
101-6003-60690 Uniforms 400.00
101-6006-60125 Temporary Agency Servi 374.67
202-3004-60664 Fire Extinguisher Service 134.00
202-3006-60105 Museum Operations 54,897.59
202-3006-60664 Fire Extinguisher Service 154.06
202-3006-60667 HVAC 294.00
202-3006-60691 Maintenance/Services 127.20
202-3009-60105 Makerspace Operations 36,040.58
212-0000-60179 COPS Burglary/TheŌ Pre 9,556.11
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Account Summary
Account Number Account Name Expense Amount
215-7004-60431 Materials/Supplies 802.91
215-7004-60691 Maintenance/Services 1,216.00
241-9101-60103 Professional Services 6,850.00
401-0000-20600 Retention Payable -4,207.97
401-0000-60188 Construction 84,159.40
501-0000-60674 Fuel & Oil 5,557.20
501-0000-60675 Parts, Accessories, and 975.49
501-0000-60676 Vehicle Repair & Mainte 1,179.37
502-0000-13600 Prepaid Expense 507.00
502-0000-60104 Consultants 54,580.00
502-0000-60301 Software Licenses 5,647.64
502-0000-61300 Telephone - Utilities 3,620.28
502-0000-61400 Cable/Internet - Utilities 428.62
601-0000-60660 Repair & Maintenance 3,886.00
Grand Total: 1,538,350.90
Project Account Summary
Project Account Key Expense AmountProject Account Name Project Name
**None**1,446,515.70**None****None**
201701CT 84,159.40Construction Expense Washington Street at Fred Waring Drive
202001RP -4,207.97Retention Payable Monroe Street Pavement Rehab (Ave 52, Ave 53)
BDAYE 11,118.30City Picnic & Birthday CelebraƟon City Picnic & Birthday Celebration
XPARKE 765.47X Park Expenses X Park
Grand Total: 1,538,350.90
195
196
City of La Quinta
Bank Transactions 5/30 – 6/10/2022
Wire Transaction
Listed below are the wire transfers from 5/30 – 6/10/2022.
Wire Transfers:
06/01/2022 - WIRE TRANSFER - STERLING HEALTH 1,822.90$
06/02/2022 - WIRE TRANSFER - CALPERS 5,316.32$
06/02/2022 - WIRE TRANSFER - CALPERS 14,307.14$
06/02/2022 - WIRE TRANSFER - CALPERS 22,318.85$
06/02/2022 - WIRE TRANSFER - LQCEA 414.00$
06/02/2022 - WIRE TRANSFER - ICMA 5,698.94$
06/03/2022 - WIRE TRANSFER - THE BANK OF NEW YORK MELLON 12,000,000.00$
06/03/2022 - WIRE TRANSFER - CALPERS 111,572.52$
06/08/2022 - WIRE TRANSFER - COLONIAL LIFE INSURANCE 5,093.64$
06/08/2022 - WIRE TRANSFER - LANDMARK 206,146.93$
06/10/2022 - WIRE TRANSFER - LQCEA 450.00$
06/10/2022 - WIRE TRANSFER - ICMA 5,698.94$
06/10/2022 - WIRE TRANSFER - THE BANK OF NEW YORK MELLON 30,000,000.00$
TOTAL WIRE TRANSFERS OUT $42,378,840.18
ATTACHMENT 2
197
198
City of La Quinta
CITY COUNCIL MEETING: June 21, 2022
STAFF REPORT
AGENDA TITLE: AUTHORIZE CITY PAYMENT OF OUTSTANDING BALANCE TO
COACHELLA VALLEY WATER DISTRICT FOR SILVERROCK WAY STREET
IMPROVEMENTS PROJECT NO. 2014-13
RECOMMENDATION
Authorize City payment of outstanding balance to Coachella Valley Water
District for SilverRock Way Street Improvements Project No. 2014-13 in the
amount of $934,002; and authorize staff to seek reimbursement from Robert
Green Company.
EXECUTIVE SUMMARY
In 2014, Council approved a purchase and sale agreement (Agreement)
with SilverRock Development Company, for the development of the City
owned SilverRock property.
Robert Green Company (RGC) assumed The SilverRock Development
Company and the Agreement.
Part of the Agreement included the design and construction of
infrastructure improvements within SilverRock Way and cost sharing
responsibilities.
The SilverRock Way Street Improvements Project (Project) included
construction of a 5,800-foot-long 30-foot-wide road, completion of the
roadway over the box culvert canal crossing constructed by the
Coachella Valley Water District (CVWD), and construction of sewer and
water lines.
The Agreement capped the City’s funding contribution for the Project,
and identified RGC as responsible for paying all costs above the City cap,
which included $934,002 of the cost for the box culvert canal crossing
constructed by CVWD.
CONSENT CALENDAR ITEM NO. 11
199
FISCAL IMPACT
The following is the Project funding source breakdown:
Staff recommends allocating Unassigned Reserves, which is projected to have
a balance of $27,170,000 at the end of FY 21/22, to fund the reimbursable
amount of $934,002.
BACKGROUND/ANALYSIS
In 2014, Council approved the Agreement with SilverRock Development
Company, for the development of the City owned SilverRock property. RGC
assumed The SilverRock Development Company and ultimately the
Agreement.
The Agreement included the design and construction of SilverRock Way, a
public roadway that is owned and maintained by the City. The Project included
construction of a 5,800-foot-long 30-foot-wide road, completion of the
roadway over the box culvert canal crossing constructed by the CVWD, and
construction of sewer and water lines.
The cost to construct the box culvert canal crossing was $1,743,750, and the
City would like to issue full payment to CVWD and seek reimbursement from
RGS in the amount of $934,002 per the Agreement. Staff seeks Council
authorization.
ALTERNATIVES
Staff does not recommend an alternative.
Prepared by: Julie Mignogna, Management Analyst
Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer
Revenue Project Budget
2002 Bond Proceeds $ 6,253,700.40
Added Bond Proceeds $ 600,000.00
Developer Agreement $ 934,002.00
BOR Reimbursable Deposit $ 100,000.00
NV5 Reimbursable $ 19,200.00
Total $ 7,906,902.40
200
City of La Quinta
CITY COUNCIL MEETING: June 21, 2022
STAFF REPORT
AGENDA TITLE: APPROVE CITY MANAGER EMPLOYMENT AGREEMENT
RECOMMENDATION
Approve City Manager Employment Agreement.
EXECUTIVE SUMMARY
Council hired Jon McMillen, current City Manager, on July 1, 2019 for a
three-year term.
Pursuant to the current employment agreement, Council conducted
regular performance evaluations of the City Manager since his hiring.
As reported out at the May 3, 2022 Council Meeting, after concluding a
performance evaluation, Council approved a three-year extension of Mr.
McMillen’s term.
FISCAL IMPACT
Current base salary of $219,730 annually, and Council has discretion for
annual performance-based compensation up to 5% of the annual base salary,
not to exceed $10,000, for any year in which performance-based
compensation may be paid. Adjustments to base salary and compensation
may be made by Council within 90 days and memorialized by amendment to
the proposed agreement. City Manager receives the same fringe benefits
compensation as authorized for management employees.
BACKGROUND/ANALYSIS
In February 2019, the City hired an independent consulting firm with expertise
in city management recruitment to assist the Council in the process of hiring
a new city manager. After a national recruitment that attracted 72 applicants
from around the country, the list of finalists was narrowed to six semi-finalists
and two finalists after discussions in closed session with Council, a series of
interviews with candidates, and a thorough review of references, among other
CONSENT CALENDAR ITEM NO. 12
201
recruiting actions. At its May 21, 2019 Regular Meeting, the Council
unanimously voted (5-0 in favor) to appoint Mr. McMillen as City Manager,
effective July 1, 2019, and to approve terms and condition of a three-year
employment agreement. The current agreement expires June 30, 2022.
Pursuant to the current agreement, Council held one of its periodic evaluations
of the City Manager and voted unanimously (5-0 in favor) to extend for three
additional years Mr. McMillen’s service as the chief management employee of
the City. The Council also directed the City Attorney to return with an updated
agreement for the extended term.
The proposed Employment Agreement (Attachment 1) is almost identical to
the Council’s previously approved agreement for Mr. McMillen. It has been
updated with a 3-year term commencing July 1, 2022, base salary in effect at
the expiration of the current agreement, and authorization for Council to
amend the City Manager’s compensation within 90 days of July 1, 2022, if
Council in its sole discretion deems it. Other minor, non-substantive
corrections and update as appropriate based on, among other criteria,
comparable city manager salaries or other performance metrics as have been
updated in the Employment Agreement.
ALTERNATIVES
None proposed.
Prepared by: Bill Ihrke, City Attorney
Approved by: Jon McMillen, City Manager
Attachment: 1. Employment Agreement (for current City Manager)
Effective July 1, 2022
202
Page 1 of 9
EMPLOYMENT AGREEMENT
This EMPLOYMENT AGREEMENT (the “Agreement”) is made and entered as of
July 1, 2022 (the “Effective Date”), by and between the City of La Quinta, a public body
(the “City” or “Employer”), and Jon McMillen, an individual (the “Employee”), both
of whom understand as follows:
WITNESSETH:
WHEREAS, the City desires to continue to employ the services of Employee as
the City Manager as provided by the La Quinta Municipal Code; and
WHEREAS, it is the desire of the City to establish certain conditions of
employment and to set working conditions of said Employee; and
WHEREAS, Employee desires to accept the continued employment as City
Manager of said City.
NOW, THEREFORE, in consideration of the mutual covenants herein contained,
the parties agree as follows:
Section 1. Duties.
A. Employer hereby agrees to employ Employee as City Manager of said
City to perform the functions and duties specified in the La Quinta Municipal Code and
as provided by state and federal law and to perform other legally permissible and
proper duties and functions as the City Council shall from time to time assign.
B. Employee, with prior written approval of the City Council, may undertake
outside professional activities for compensation, including teaching, speaking and
writing, provided they do not interfere with Employee’s normal duties and are done
only during vacation or other non-working time of Employee and are not done with
any existing vendors or contractors of the City. Under no circumstances shall such
outside activity create a conflict of interest with the duties of the City Manager and the
interests of the City.
Section 2. Term.
A. The term of this Agreement shall be from July 1, 2022 through and
including June 30, 2025, unless earlier terminated as provided herein. Thereafter, the
parties may renew the Agreement pursuant to their mutual agreement.
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Page 2 of 9
B. Nothing in this Agreement shall prevent, limit or otherwise interfere with
the right of the City Council acting for the City to terminate the services of Employee
at any time, with or without cause, subject only to the provisions set forth in Section
4, paragraphs A, B and D of this Agreement.
C. Nothing in this Agreement shall prevent, limit or otherwise interfere with
the right of the Employee to resign at any time from his position with Employer,
subject only to the provision set forth in Section 4, Paragraph E, of this Agreement.
Section 3. Administrative Leave with Pay.
Employer may place Employee on Administrative Leave with full pay and
benefits at any time during the term of this Agreement. However, if the purpose of
placing Employee on Administrative Leave With Pay is to conduct an investigation
into potential wrongdoing, and after that investigation, Employee is convicted of a
crime involving abuse of his/her office or position, then pursuant to Government Code
Section 53243, Employee shall be required to fully reimburse City for any salary or
benefits received while on Administrative Leave With Pay. “Abuse of office or
position” shall be as defined in Government Code Section 53243.4, as may be
amended.
Section 4. Termination and Severance Pay.
A. In the event Employee is terminated by the City Council during such time
that Employee is willing and able to perform his/her duties under this Agreement, then
Employer agrees to pay Employee a lump sum cash payment equal to either six
months’ salary or the salary for the remaining term of this Agreement, whichever is
less. Pursuant to Government Code Section 53243.5, if Employee is later convicted of
a crime involving abuse of office or position, then any severance paid under this
Section 4.A shall be returned by Employee to Employer.
B. Employee may be terminated at any time for willful misconduct as
defined in Section 2.08.160 of the City’s Municipal Code or for abuse of his/her office
or position as defined in Government Code Section 53243.4 as may be amended. The
determination of what constitutes willful misconduct shall be within the sole
discretion of the City Council, provided that it shall relate to the welfare of the City.
Willful misconduct includes conduct directly related to conduct in office and the duties
of the office. It also includes conduct not directly related to the performance of the
official duties of the office when such conduct has a direct and harmful effect on the
welfare or reputation of the City. Evidence of such direct and harmful effects includes,
but is not limited to, conviction of a felony or a crime of moral turpitude. Employee
shall be entitled to the right to a hearing as provided in Sections 2.08.100 through
204
Page 3 of 9
2.08.150 of the Municipal Code prior to termination under Sections 4.A and 4.B of this
Agreement. In the event that Employee is terminated for willful misconduct or abuse
of office or position, City shall have no obligation to pay and shall be prohibited from
paying, the severance sum designated in Section 4.A above, or any severance sum at
all.
C. Nothing in this Agreement shall prohibit Employer from imposing
discipline less than termination upon Employee, including written reprimands,
suspensions, or reductions in pay. Employee shall not be entitled to any due process
as a result of the implementation of discipline less than termination.
D. In the event: (1) Employer at any time during the term of this Agreement
reduces the salary or other financial benefits of Employee (other than a suspension of
five (5) working days or less or a temporary reduction in salary of thirty (30) days or
less) in a greater percentage than an applicable across-the-board reduction for all
employees of Employer; or (2) Employer refuses, following written notice, to comply
with any other provisions benefiting Employee herein; or (3) Employee resigns
following a formal suggestion by the City Council that he/she resign, then Employee
may, at his/her option, be deemed to be “terminated” as of that time, and shall be
entitled to the severance provisions of Section 4.A above.
E. In the event Employee voluntarily resigns his/her position with Employer
before expiration of the above-referenced term of his/her employment, then Employee
shall give Employer sixty (60) days’ notice in advance, unless the parties otherwise
agree, and Employee shall not be entitled to any severance pay.
Section 5. Disability.
If Employee is permanently disabled or is otherwise unable to perform his/her
duties because of sickness, accident, injury, mental incapacity or health for a period
of six (6) successive weeks beyond any accrued sick leave to which Employee is
entitled, or for the legal duration of the Family & Medical Leave Act (whichever is
greater), Employer shall have the option to terminate this Agreement. Termination
pursuant to this Section would not subject the City to payment of severance benefits
as specified under Section 4.A above. However, Employee shall be compensated for
any accrued, vacation, holidays, administrative leave and other accrued benefits on
the same basis as any other employee of the City pursuant to the Personnel Rules.
Section 6. Salary.
A. Employer agrees to pay Employee for his services rendered pursuant
hereto an annual base salary of $219,730.00, effective on July 1, 2022 (“Base Salary
205
Page 4 of 9
Effective Date”), payable in equal installments at the same time as other employees
of the Employer are paid. No later than ninety (90) days after the Base Salary Effective
Date, Employee shall be eligible for an increase to the base salary in an amount to be
determined by the City Council and, once determined, shall be (in accordance with
any applicable law) retroactive to the Base Salary Effective Date and effective for the
balance of the term of this Agreement and memorialized in an amendment to this
Agreement; additionally, no later than ninety (90) days after the Base Salary Effective
Date, Employee shall be eligible for an adjustment to the annual performance-based
compensation set forth in Section 6, Paragraph B, and for any other terms and
conditions relating to Employee’s compensation, to be memorialized in an
amendment to this Agreement; provided, however, that any increase in the base
salary, annual performance-based compensation, or other compensation shall be in
the sole and absolute discretion of the City Council who may (but need not) use, as
part of the assessment for an annual base salary increase, the same criteria set forth
in Section 6, Paragraph B, of this Agreement. Employer agrees to review said base
salary and/or other benefits of Employee at the time of an annual evaluation which
shall be initiated in May or June for each year of the Term. Employer may recommend
adjustments to salary and/or other benefits during the time period that the annual
review is performed.
B. In addition to the annual base salary, Employee may be eligible for
annual performance-based compensation in the amount of up to 5% of Employee’s
annual base salary, not to exceed $10,000, for any year in which performance-based
compensation may be paid. Performance-based compensation shall be paid in a
lump-sum for any given year, and, for purposes of such compensation, a year shall
correspond to the City’s fiscal year. Any payment of performance-based
compensation shall be at the discretion of the City Council, and may only be paid if,
in the City Council’s discretion, Employee successfully meets performance goals and
objectives as more particularly described in Exhibit “A” attached hereto and
incorporated by reference (the “Performance-Based Compensation Metrics”). The
City Council may meet, in accordance with applicable law, at least one time every
fiscal quarter to evaluate the performance of Employee with respect to the progress
on the Performance-Based Compensation Metrics. Any performance-based
compensation authorized by the City Council pursuant to this paragraph shall be paid
directly to a supplemental retirement plan for Employee pursuant to United States
Internal Revenue Code section 457(b) or other lawful supplemental retirement plan
authorized pursuant to applicable federal or state law (commonly referred to as a
deferred compensation plan and referred to herein as the “Supplemental Plan”). Prior
to any payment of performance-based compensation to Employee pursuant to this
paragraph, the City Council shall establish and authorize, if not previously established
and authorized, the maintaining of a Supplemental Plan in accordance with applicable
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law. Any performance-based compensation to Employee shall not be a payroll
deduction and shall not be deemed or reported to the California Public Employees’
Retirement System (“CalPERS”) as “compensation earnable” as long as such
performance-based compensation is paid directly to the Supplemental Plan. Any
payment of performance-based compensation pursuant to this paragraph shall be
paid to the Supplemental Plan no later than December 31 after the immediately
completed prior fiscal year. In explanation of the previous sentence, any performance-
based compensation for fiscal year 2018-19 shall be paid to the Supplemental Plan no
later than December 31, 2019; for fiscal year 2019-20, paid no later than December 31,
2020; for fiscal year 2020-21, paid no later than December 31, 2021; and for fiscal year
2021-22, paid no later than December 31, 2022. After the City Council duly establishes
and authorizes the maintaining of the Supplemental Plan, the City Council authorizes
Employee or his designee(s) to execute any documents necessary or proper to
maintain the Supplemental Plan prior to any payment of performance-based
compensation to Employee, but the City Council retains any and all discretion to
award or not award any and all performance-based compensation to Employee.
Section 7. Hours of Work.
In addition to working normal business hours, it is recognized that Employee
must devote time outside the normal office hours to business of the Employer.
Employee shall have 120 hours of Administrative Leave. For partial calendar years,
the hours of Administrative Leave shall be prorated. Employee may not be employed
by, or provide services (except if authorized pursuant to Section 1, Paragraph B above)
to, any other entity while employed by the City.
Section 8. No Transportation Allowance.
City shall not provide a transportation allowance. Employee shall not be
provided a City vehicle. Employee shall be entitled to reimbursement for mileage for
the use of Employee’s automobile for City business at then-applicable IRS rate.
Section 9. Vacation, Bereavement, and Sick Leave.
Employee shall accrue, and have credited to his/her personal account, vacation,
bereavement and sick leave as provided for pursuant to the City’s Employee Personnel
Rules.
Section 10. Other Benefits.
Employee shall be provided with the same health, dental, vision, life insurance,
and retirement benefits and any future cost of living increases that occur after the
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Effective Date, as other general full time employees of the City. Employee may receive
an annual physical examination at City expense.
Section 11. Other Terms and Conditions of Employment.
A. The City Council, in consultation with the City Manager, shall fix any such
other terms and conditions of employment, as it may determine from time to time,
relating to the performance of Employee, provided such terms and conditions are not
inconsistent with or in conflict with the provisions of this Agreement, the Municipal
Code or any applicable state or federal law.
B. All regulations and rules of the Employer relating to vacation and sick
leave, retirement and pension system contributions, holidays and other fringe benefits
and working conditions as they now exist or hereafter may be amended, shall also
apply to Employee as they would to other full-time employees of Employer, in addition
to the benefits specifically set forth herein for the benefit of Employee.
Section 12. Notices.
Notices pursuant to this Agreement shall be given by: (1) email with verification
of delivery; (2) facsimile transmission with confirmation; (3) personal delivery; (4)
overnight delivery service with confirmation; or (5) deposit in the custody of the
United States Postal Service, postage prepaid, addressed as follows:
EMPLOYER: CITY OF LA QUINTA
78-495 Calle Tampico
La Quinta, CA 92253
Attn: City Clerk
email: Monika Radeva <mradeva@laquintaca.gov>
with copy to: RUTAN & TUCKER, LLP
611 Anton Blvd., Suite 1400
Costa Mesa, CA 92626
Attn: William H. Ihrke, Esq.
email: bihrke@rutan.com
EMPLOYEE: Jon McMillen
53521 Eisenhower Drive
La Quinta, CA 92253
Notice shall be deemed given as of the date of personal, overnight delivery,
email, or facsimile service or as of the date of deposit of such written notice in the
course of transmission in the United States Postal Service.
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Section 13. General Provisions.
A. This Agreement shall constitute the entire agreement between the
parties. No prior oral or written communications are incorporated herein.
B. This Agreement shall be binding upon and inure to the benefit of the heirs
at law and executors of Employee.
C. This Agreement may be signed in counterparts with signature pages
transmitted by email, facsimile, personal delivery or overnight delivery, all of which
will be treated as originals.
D. If any provision, or any portion thereof, contained in this Agreement is
held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or
portion thereof, shall be deemed severable, shall not be affected and shall remain in
full force and effect.
[signatures on next page]
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IN WITNESS WHEREOF, the City of La Quinta has caused this Agreement to be
signed and executed in its behalf by its Mayor, and duly attested by its City Clerk, and
the Employee has signed and executed this Agreement, both in duplicate, to become
effective as of the Effective Date.
EMPLOYER:
CITY OF LA QUINTA
By:_______________________________
LINDA EVANS
Mayor of the City of La Quinta
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
EMPLOYEE:
By:_______________________________
Jon McMillen, an individua
210
Exhibit “A”
Performance-Based Compensation Metrics
Annually, the City Council assesses the City Manager’s performance after reviewing
the organization’s and his accomplishments. If the City Manager achieves an overall
performance rating of Exceeds Expectations, then the City Manager may receive
Performance Based Compensation as outlined in Section 6, Paragraph B of the
Agreement. For Fiscal Year 2022-23, the City Manager’s performance measures shall
be based upon the items outlined below and any additional items established by the
City Council at quarterly reviews for the City Manager after the Base Salary Effective
Date in the Agreement. Performance measures for Fiscal Years 2023-24 and 2024-25
will be established by the City Council for those respective years as a result of the City
Manager’s annual performance review.
Fiscal Year 2022-23 Performance Measures
Fiscal Stability/Revenue Growth
•Continue and improve implementation of community outreach that engages
the community and increases the community’s understanding of how to sustain
City service levels, facilities and infrastructure.
•Enhance service delivery that results in delivering increased services at a fair
and reasonable cost.
•Identify and implement strategic infrastructure and public facility investments
that are efficient and reduce operations’ costs.
•Develop, maintain and advance an operating budget wherein revenues and
expenditures are balanced, and reserves are not needed to fund operations.
Community and Economic Development
•Continue to work with IID, CVWD and stakeholders to guide and improve the
near and long term energy delivery and reliability for the City.
•Continue the oversight for the development and use of SilverRock Resort.
•Continue the oversight of the economic development plans relating to Highway
111 Corridor.
Improve the Organization’s Strength
•Continue employee development as part of a succession plan.
•Improve reporting of service delivery metrics for all departments.
•Develop a Strategic Plan for the City that identifies goals, actions and resources.
This plan will be updated annually and will help guide direction and process.
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212
City of La Quinta
JOINT CITY COUNCIL/HOUSING AUTHORITY MEETING
DATE: June 21, 2022
STAFF REPORT
AGENDA TITLE: INTERVIEW AND APPOINT RESIDENTS TO SERVE ON THE
CITY’S FINANCIAL ADVISORY AND HOUSING COMMISSIONS
RECOMMENDATION
Make appointments to fill existing and upcoming vacancies on the city’s Financial
Advisory and Housing Commissions.
EXECUTIVE SUMMARY
The City has established several commissions, which require public
participation and membership.
The City advertised the upcoming vacancies on the City website and social
media, in the May and June issues of The Gem magazine, and the Desert
Sun on April 22, 2022; 7 applications were received (Attachment 1)
Council and Housing Authority (Authority) will interview and appoint
applicants to the vacancies by ballot after a random drawing to determine
order (Attachment 2).
FISCAL IMPACT
The following Council/Authority-approved amounts (per member, per meeting
attended) are included in the 2022/23 Budget:
Financial Advisory Commission $ 75
Housing Commission $ 50
BACKGROUND/ANALYSIS
The Council/Authority established boards, commissions, and committees to
facilitate broader participation in City governance, to solicit a broad range of
opinions on City issues, and to introduce citizens to the municipal government
process.
BUSINESS SESSION ITEM NO. 1
213
The City advertised the upcoming vacancies on the City website, social media,
The Gem and the Desert Sun newspaper.
Applications are accepted throughout the year and applications are held as
pending until a recruitment is conducted. Pending applicants, as well as
applicants from prior recruitments who were not appointed, were notified of
existing and upcoming annual vacancies.
All existing Commission members whose terms will expire this year were also
notified and invited to reapply.
The following applications (listed below in alphabetical order) were received from
residents; (*) indicates incumbent:
FINANCIAL ADVISORY COMMISSION – 4 applications
(open: 2 total: 1 vacancy for full 3-year term; 1 for unexpired term ending 6/30/2024)
1. George Batavick*
2. Lynne Langdon
3. Justin Luettjohann
4. Louise Oppenheim
HOUSING COMMISSION – 3 applications
(open: 1 non-tenant for unexpired term ending 6/30/2024)
1. Capri Chapman
2. Patti Hawker
3. Michael Romersa
ALTERNATIVES
The Council/Authority may decide to fill some or no vacancies, re-advertise, and
set another date for Council/Authority interviews and appointments.
Prepared by: Monika Radeva, City Clerk
Approved by: Jon McMillen, City Manager
Attachments: 1. Applications
2. Ballots
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City of La Quinta
CITY COUNCIL MEETING: June 21, 2022
STAFF REPORT
AGENDA TITLE: APPROVE THIRD ROUND COMMUNITY SERVICES GRANTS
FOR FISCAL YEAR 2021/22
RECOMMENDATION
Approve third round Community Service Grants for fiscal year 2021/22.
EXECUTIVE SUMMARY
The Council considers Community Services Grants and Economic
Development/Marketing funding requests three times per fiscal year.
Six grant applications were received and reviewed by the Community
Services Grant Ad Hoc Committee (Committee).
FISCAL IMPACT
The total 2021/22 grant budget is $60,000. During the last two rounds the
Council awarded $29,000 leaving a balance of $31,000 (Account No. 101-
3001-60510). The Committee recommends funding four of the six grant
requests for a total of $11,000.
BACKGROUND/ANALYSIS
Grants are awarded to 501(c)3 non-profit groups and organizations that
benefit La Quinta residents and strengthen the business community. Grants
are limited to $5,000 per request and consecutive fiscal year funding is not
allowed (Attachment 1).
The Starter Grant category, created by Council, is for organizations applying
for the first time and/or have a first-time program. This allows applicants up
to $500 of funding and eligibility to apply again the next fiscal year.
The Committee, comprised of Council Member Radi and Council Member
Sanchez, reviewed all applications, and recommended the following:
BUSINESS SESSION ITEM NO. 2
215
Applicant Requested Committee
Recommendation
Angel View, Inc.*
$500 $500
Desert Recreation Foundation* $500 $500
First Tee – Coachella Valley $5,000 $5,000
Friends of the Desert Mountains $5,000 $0
Point of Contact Foundation $5,000 $0
Variety – The Children’s Charity of
the Desert
$5,000 $5,000
Total
$21,000 $11,000
*Starter Grant
Attachment 2 presents all submitted grant requests. All applications are
available for review in the Community Resources Department.
ALTERNATIVES
Council may modify and/or deny funding for any or all grant applications
received.
Prepared by: Christina Calderon, Community Resources Manager
Approved by: Chris Escobedo, Community Resources Director
Attachments: 1. Community Services Grant Overview
2. Recommended Grant Requests
216
The City of La Quinta offers a grant program for community services support.
• Community Services Grants go to recognized nonprofit organizations that benefit the residents of La Quinta.
• Grants are considered and funded up to three times per year (rounds).
• All three rounds are held within the city’s fiscal year (July 1 – June 30).
• Organizations that have been funded are ineligible for funding for the next fiscal year.
• All funding requests are limited to an amount not to exceed $5,000.
Q: How much money is available?
A: Requests are limited to an amount not to exceed $5,000. Any funding amount requested could be adjusted to a lesser amount
at the discretion and approval of the City Council.
Q: Who can apply for this grant?
A: Applications are accepted from recognized nonprofit organizations that directly benefit La Quinta residents. Second
consideration is given to nonprofit organizations that indirectly affect the quality of life for the residents of La Quinta.
Q: Can an individual apply for this grant?
A: No, individuals are not eligible for funding through the City of La Quinta grant program.
Q: What if my organization is applying for a grant for the first time?
A: Organizations applying to the Community Services Grant program for the first time are eligible for a “Starter Grant”. The
“Starter Grant” allows first time applicants grant funding up to $500 if they demonstrate their commitment to provide services to
the La Quinta community. If an organization is selected to receive the “Starter Grant” they would then be eligible to apply to the
program again the next fiscal year.
Q: Can my organization request “seed” money for a start-up?
A: Yes, organizations can request “seed” money, however they are required to obtain matching funds from other sources in the
same fiscal year before the grant funds will be released.
Q: Is my organization eligible if we received Community Development Block Grant (CDBG) funds?
A: No, organizations that receive CDBG funds from the City of La Quinta during the same fiscal year are not eligible for funding.
Q: Is my organization eligible if we received Community Services Grant (CSG) funds in the past?
A: Yes, and No. Organizations that were funded before June 30, 2020 are now eligible to apply. Organizations that were funded
after July 1, 2020 are ineligible for funding and must wait until July 1, 2022 to re-apply.
What you need to do:
1. Determine eligibility based on the information provided above. If eligible, proceed to step 2.
2. Review the grants calendar for submission dates (in red). If within due date, proceed to step 3.
3. Fill out the grant application. Once completed proceed to step 4.
4. Submit application via email to ccalderon@laquintaca.gov, or in person to the Wellness Center.
a. The Wellness Center is located at 78450 Avenida La Fonda, La Quinta, CA 92253.
The next steps:
5. Applications are received and reviewed by staff to ensure eligibility and completeness.
6. Completed grant applications will be reviewed by a designated Grant Review Committee (in blue).
a. The committee’s review includes consideration of the funding amount, the intended use of the funds, and the
organizations service to the community. If the committee approves the application, they will then recommend
for approval to the City Council.
7. Committee approved applications are submitted to the City Council for consideration and approval (in green)
8. If approved, funds will be dispersed to grantee (in white ) and can be spent over a 12-month period.
9. Funding expenditures will need to be reported to the city at 6 months and a full reconciliation form with supporting
documentation will be due before the end of the 12-month period.
For more information on the City of La Quinta Grant program, please contact the Community Resources Department at the
Wellness Center 760.564-0096 or at 760.777.7183
COMMUNITY SERVICES GRANT OVERVIEW
IS MY ORGANIZATION ELIGIBLE?
THE PROCESS…
217
The City of La Quinta offers a grant program for marketing and event sponsorship.
• Marketing/Sponsorship Grants go to nonprofit organizations that would benefit the City of La Quinta in a marketing
capacity.
• Economic Development Grants go to organizations that will help strengthen the business community in La Quinta.
• Grants are considered and funded up to three times per year (rounds).
• Organizations that have been funded are ineligible for funding for the next fiscal year.
• All three rounds are held within the city’s fiscal year (July 1- June 30).
• All funding requests must include a detailed marketing/media plan to be considered.
Q: How much money is available?
A: Requests are limited to an amount not to exceed $5,000. A second tier is available for Economic Development/Marketing
requests above $5,000 (submission of a detailed marketing/media plan is required). For Economic Development/Marketing
requests above $5,000, an in depth review will be conducted by the La Quinta Marketing Committee. Any funding amount
requested could be adjusted to a lesser amount at the discretion and approval of the City Council.
Q: Who can apply for this grant?
A: Applications are accepted from recognized organizations that would benefit the City of La Quinta in a marketing capacity.
Second consideration is given to organizations that indirectly affect the quality of life for the residents of La Quinta.
Q: Can an individual apply for this grant?
A: No, individuals are not eligible for funding through the City of La Quinta grant program.
Q: Can my organization request “seed” money for a start-up?
A: Yes, organizations can request “seed” money; however, they are required to obtain matching funds from other sources
in the same fiscal year before the grant funds will be released.
Q: Is my organization eligible if we received Community Development Block Grant (CDBG) funds?
A: No, organizations that receive CDBG funds from the City of La Quinta during the same fiscal year are not eligible for
funding.
Q: Is my organization eligible if we received Community Services Grant (CSG) funds in the past?
A: Yes, and No. Organizations that were funded before June 30, 2020 are now eligible to apply. Organizations that were
funded after July 1, 2020 are ineligible for funding and must wait until July 1, 2022 to re-apply.
What you need to do:
1. Determine eligibility based on the information provided above. If eligible, proceed to step 2.
2. Review the grants calendar for submission dates (in red). If within due date, proceed to step 3.
3. Fill out the grant application. Once completed proceed to step 4.
4. Submit application via email to ccalderon@laquintaca.gov, or in person to the Wellness Center.
a. The Wellness Center is located at 78450 Avenida La Fonda, La Quinta, CA 92253.
The next steps:
5. Applications are received and reviewed by staff to ensure eligibility and completeness.
6. Completed grant applications will be reviewed by a designated Grant Review Committee (in blue).
a. The committee’s review includes consideration of the funding amount, the included marketing/media
plans, and the amount of impressions and visitors the event would bring to the city. If the committee
approves the application, they will then recommend approval to the City Council.
7. Committee approved applications are submitted to the City Council for consideration and approval (in green)
8. If approved, funds will be dispersed to grantee (in white) and can be spent over a 12-month period.
9. Funding expenditures will need to be reported to the city at 6 months and a full reconciliation form with supporting
documentation will be due before the end of the 12-month period.
For more information on the City of La Quinta Grant program, please contact the Community Resources Department at
the Wellness Center 760.564.0096 or at 760.777.7183
MARKETING/SPONSORSHIP GRANT OVERVIEW
IS MY ORGANIZATION ELIGIBLE?
THE PROCESS…
218
Community Services Grants
First Round
JULY 2021 AUGUST SEPTEMBER OCTOBER
1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30 31
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30 31
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30
1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
31
Second Round
NOVEMBER DECEMBER JANUARY 2022 FEBRUARY
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31
1
2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30 31
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28
Third Round
MARCH APRIL MAY JUNE 2022
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30 31
1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30 31
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30
Application Due Date Ad-Hoc Committee Review City Council Decision Checks Distributed
219
220
Recommended Grant Requests:
1. Angel View, Inc., a nonprofit serving children and adults with disabilities is requesting
a $500 Starter Grant that would be used to cover costs related to providing case
management services to families in La Quinta. These services are provided free of
charge and are individualized for families. Case management services encompass
meeting with families, assessing their needs, and working with the on solutions to
various programs, basic social work services. The combined rate for case managers
is $31/hour. Last year, 12 clients lived in La Quinta and this year so far there are 10
La Quinta residents participating in this program. Their cost per child is $1,187. Angel
View is a first-time applicant to the Community Services Grant program. The Grant
Review Committee recommends funding a $500 Starter Grant.
2. Desert Recreation Foundation is requesting a $500 Starter Grant to go towards the
purchase of supplies for a new program called Parents’ Night Out for youth ages 4-
12 years of age. This new program will provide parents the opportunity to have their
children participate in a fun evening of physical fitness activities, engage in games,
crafts, social interaction, and eat dinner with other youth in their community. Desert
Recreation Foundation is a first-time applicant to the Community Services Grant
program. The Grant Review Committee recommends funding a $500 Starter
Grant.
3. First Tee Coachella Valley is requesting $5,000 in funding to be used to purchase a
First Tee School golf program through First Tee National. This program allows for
the training of the school’s physical educators, supported by the local First Tee
chapter, and is actively delivered to all students through their P.E. classes. The cost
for this program includes the equipment to the school, e-learning and training
courses/materials, and lesson plans for the P. E. teachers. The funds will also support
marketing efforts and promotional materials as well as the general support from the
staff of the local First Tee chapter in Palm Desert. Currently this program is taking
place at Amelia Earhart Elementary (800 students) and Ben Franklin Elementary (570
students) schools. The goal for the 2022-23 school year is to include Truman
Elementary. Currently Truman has 200 students participating in the First Tee
Community program that takes place through the schools after care program. First
Tee Coachella Valley is a first-time applicant to the Community Services Grant
program. The Grant Review Committee recommends funding $5,000.
4. Variety – The Children’s Charity of the Desert is requesting $5,000 to promote access
to the Caring Connections program that provides developmental screening to families
at no cost and no insurance is required. Funding will also support other programs and
services through expanded collaborations with La Quinta area youth nonprofit
organizations to educate and serve children and families. Through these programs La
Quinta area residents would gain awareness and access to developmental milestones
resources and educational materials as well as free developmental screenings for
children 0 to 5 years of age. Variety – The Children’s Charity of the Desert is a first-
time applicant to the Community Services Grant program. The Grant Review
Committee recommends funding $5,000.
221
Grant Requests not recommended for funding and/or did not meet the criteria in the Grant
Guidelines include:
5.Friends of the Desert Mountains is requesting $5,000 to fund transportation for
children from rural Eastern Coachella Valley areas to the La Quinta Cove to access
the National Monument public lands for outdoor environmental education. The
programs will incorporate cultural components that acknowledge the rich Indigenous
history of the area and will provide education opportunities that will incorporate
science, technology, engineering, art, and math (STEAM). This organization was last
funded $5,000 in 2016/17. The Grant Review Committee does not recommend
funding this organization at this time. The committee does encourage them
to apply again in FY 2022-2023, encourage them to reach out to La Quinta
schools to participate, and provide more information to support their
request.
6.Point of Contact Foundation is requesting $5,000 to be used to fund training for school
counselors to attend a 4-day program at Hazelton Betty Ford Center. This program
teaches counselors to identify trauma and help children to open up about their issues
in a safe space. This organization will recruit counselors from Desert Sands Unified
School District to attend this training if they are awarded grant funds. Point of Contact
Foundation is a first-time applicant to the Community Services Grant program. The
Grant Review Committee does not recommend funding this organization at
this time. The committee does encourage Point of Contact Foundation to
establish a relationship with Desert Sands Unified School District and work
with them directly on recruiting school counselors from La Quinta schools
that may have a need for this type of program training.
222
City of La Quinta
CITY COUNCIL MEETING: June 21, 2022
STAFF REPORT
AGENDA TITLE: ADOPT RESOLUTION TO CONFIRM THE ASSESSMENT AND
DISTRICT DIAGRAM FOR THE 2022/23 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 2022/23, pursuant to the
Engineer’s report.
EXECUTIVE SUMMARY
•Annually, the City 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 2022/23 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 2022/23.
FISCAL IMPACT
The 2022/23 estimated cost for retention basin and right-of-way maintenance
(landscaping and lighting maintenance for medians and parkways) is
$2,390,300.
The assessment charge will generate an estimated $982,336. 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
$1,132,336; this leaves a shortfall of $1,257,964 (funded by the General
Fund).
BACKGROUND/ANALYSIS
In 1989, the Council formed a District to fund costs associated with the
maintenance, construction and servicing of landscape areas, streetlights and
PUBLIC HEARING ITEM NO. 1
223
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 7, 2022, the Council adopted the following resolutions:
•Resolution No. 2022-14 approving the Preliminary Engineer’s Report for
Fiscal Year 2022/23 in connection with the District.
•Resolution No. 2022-15 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 2022/23 data with the 2021/22 data:
2022/23 2021/22
City wide Benefit Zone Yes Yes
Number of Local Benefit Units 6 6
Number of Equivalent Benefit Units (EBUs) 27,594 27,594
EBU Rate $35.60/EBU $35.60/EBU
District Revenue $982,336 $982,336
The City’s consultant, Willdan Financial Services, does not project an increase in
EBU’s from 2021/22 to 2022/23; actuals will be based on the final 2022/23
County Secured Tax Roll.
224
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. The City Council may
adopt 2022/23 assessment fees only after the public hearing has been
conducted.
Should the Council receive testimony through the public meeting/hearing that
warrants a change to the assessment level, the 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 2022/23 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 21, 2022, Council meeting.
Prepared by: Dianne Hansen, Management Analyst
Approved by: Bryan McKinney, Public Works Director/City Engineer
Attachment: 1. 2022/23 Engineers Final Report
225
226
RESOLUTION NO. 2022 – XXX
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, CONFIRMING
THE DIAGRAM AND ASSESSMENTS FOR FISCAL
YEAR 2022/2023 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 7, 2022, the City Council adopted the following
resolutions:
Resolution No. 2022-14, approving the Preliminary Engineer’s Report
for Fiscal Year 2022/2023 in connection with Landscape and Lighting
Assessment District 89-1;
Resolution No. 2022-15, declaring intention to levy annual
assessments for construction, maintenance, and servicing landscape
and lighting improvements within the boundaries of the territory
included in the City-wide Landscape and Lighting Assessment
District 89-1, and giving notice thereof; and
WHEREAS, a Notice of a Public Hearing to Adopt a Resolution
Confirming the Diagram and Assessments for Fiscal Year 2022/2023
Landscape and Lighting Assessment District 89-1 was published in The
Desert Sun newspaper on June 9, 2022.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of La Quinta, California, as follows:
227
Resolution No. 2022-XXX
Landscape and Lighting Assessment District 89-1
Adopted: June 21, 2022
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 2022/2023.
SECTION 2. The City filed an annual report on June 1, 2022, 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 2022/2023 and set a Public Meeting/Hearing date of June 21,
2022 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 21, 2022, 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 21, 2022, the City Council found that written
protests against the proposed assessment had not been made by owners
representing more than one-half of the area of the land to be assessed.
SECTION 5. The City Council hereby confirms the diagram and
assessment as set forth in the annual report of the Engineer of Work and
hereby levies the assessment set forth for Fiscal Year 2022/2023.
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 21st day of June 2022, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
228
Resolution No. 2022-XXX
Landscape and Lighting Assessment District 89-1
Adopted: June 21, 2022
Page 3 of 3
________________________
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
__________________________
MONIKA RADEVA. City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
___________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
229
230
City of La Quinta
Street Lighting and Landscape
District No. 89-1
2022/2023 ENGINEER’S ANNUAL LEVY REPORT
Intent Meeting: June 7, 2022
Public Hearing: June 21, 2022
27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500 | 800.755.6864
F 951.587.3510
www.willdan.com
ATTACHMENT 1
231
AFFIDAVIT FOR THE ENGINEER'S ANNUAL LEVY REPORT
City of La Quinta
Street Lighting and Landscape District No. 89-1
Riverside County, State of California
Willdan Financial Services
Assessment Engineer
On Behalf of the City of La Quinta
By: ________________________________
By: ________________________________
Tyrone Peter
P.E. # C 81888
Michelle Laase
Project Manager, District Administration Services
Dated this ____________ day of ______________, 2022.
This Report and the enclosed diagrams show the exterior boundaries of the District
therein including the improvements, budgets, parcels and assessments to be levied for
fiscal year 2022/2023, as they existed at the time of the passage of the Resolution of
Intention. Reference is hereby made to the Riverside County Assessor’s maps for a
detailed description of the lines and dimensions of parcels within the District. The
undersigned respectfully submits the enclosed Report as directed by the City Council.
232
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 , 2022.
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 , 2022.
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 , 2022.
BY: Monika Radeva, City Clerk
City of La Quinta
Riverside County, California
233
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. 2022/2023 DISTRICT BUDGET 11
APPENDIX A – DISTRICT ASSESSMENT DIAGRAM 14
APPENDIX B – 2022/2023 COLLECTION ROLL 15
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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 2022/2023.
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 2022/2023 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 2022/2023.
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.
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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.
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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.
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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.
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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
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2022/2023 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
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2022/2023 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.
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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
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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 (LAFCO 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
2022/2023 over or above the maximum rate established. The proposed rate per EBU for
Fiscal Year 2022/2023 is the same rate assessed for Fiscal Year 2021/2022. The base
assessment rate to be approved for Fiscal Year 2022/2023 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 $982,336.
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The City proposes the remaining $4,189,114 be funded through a General Fund contribution
of $4,039,114 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 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.
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B. 2022/2023 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 2022/2023 is summarized on the next page in Table 1.
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Table 1
Category Description
Estimated
Expenditures Funding
Fiscal Year
2022/2023
L & L
Assessments
General Fund–
Parks
Personnel
Salaries-Permanent Full Time $466,600 $194,000 $272,600
Other Benefits & Deductions 199,900 88,800 111,100
Stand By 0 0 0
Stand By Overtime 0 0 0
Overtime 0 0 0
Total Personnel $666,500 $282,800 $383,700
Contract Services
Annual Lighting & Landscape
Report $0 $0 $0
Civic Center Campus Lake
Maintenance 17,400 0 17,400
Lighting Contract Services 72,800 72,800 0
Financial Services Admin. Fee 0 0 0
Citywide Maintenance Contract 1,568,600 911,400 657,200
Undeveloped Parks PM10 Services 0 0 0
Maintenance & Repair 422,300 100,000 322,300
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 65,550 0 65,550
Lighting Service 1,000 0 1,000
SilverRock Way Landscaping 82,400 65,000 17,400
Total Contract Services $2,248,050 $1,157,200 $1,090,850
Rental Services Uniforms $4,000 $1,000 $3,000
Total Rental Services $4,000 $1,000 $3,000
Park Equipment
Vehicle Operations
Facilities Charges $0 $0 $0
Fleet Maintenance 102,200 34,100 68,100
Facility & Equipment Depreciation 350,000 0 350,000
Total Operations $452,200 $34,100 $418,100
Utilities Gas $15,000 $0 $15,000
Electric 326,900 110,000 216,900
Phone 1,000 0 1,000
Water 447,600 200,000 247,600
Total Utilities $790,500 $310,000 $480,500
Travel Training &
Meetings
$5,500 $500 $5,000
Total Travel Training & Meetings $5,500 $500 $5,000
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 $810,000 $500,000 $310,000
Graffiti Removal 25,000 10,000 15,000
Safety Gear 3,200 2,000 1,200
Field Materials 20,000 15,000 5,000
Total Operating Supplies $858,200 $527,000 $331,200
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 $5,153,450 $2,372,300 $2,781,150
District
Administration
Public Works Administration $0 $0 $0
Citywide Administration 18,000 18,000 0
Total District Administration $18,000 $18,000 $0
Total Landscape & Lighting Expenditures $5,171,450 $2,390,300 $2,781,150
Less CSA 152 Revenue ($150,000) ($150,000) $0
Less General Fund Contribution (4,039,114) (1,257,964) (2,781,150)
Balance to Levy $982,336 $982,336
Total EBU 27,594.24
Levy Per EBU $35.60
246
2022/2023 City Of La Quinta L&L 89-1 Page 13 of 15
Fiscal Year 2022/2023 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 2022/2023 Levy amount in Table 2 is a rounding difference
due to the County even penny requirement for each charged parcel.
Actuals will be based on the final County Secured Roll for Fiscal Year 2022/2023.
Differences are generally due to changes in County Land Use Classifications or
Assessor’s Parcel Number changes.
Land Use
FY
2022/2023
Parcel
Count
County
Acres
Prior Year
EBU
Prior Year
Levy
FY 2022/2023
EBU
FY
2022/2023
Levy (1)
Agricultural 17 371.44 93.22 $3,318.60 93.22 $3,318.60
Exempt 50 115.86 0.00 0.00 0.00 0.00
Golf Course 284 3,491.70 1,802.98 64,184.60 1,802.98 64,184.60
Hillside
Conservation 12 319.23 31.92 1,136.34 31.92 1,136.34
Multi-Family
Residential 34 94.93 635.00 22,606.00 635.00 22,606.00
Non-Residential 272 569.89 2,871.10 102,211.16 2,871.10 102,211.16
Rural/ Estate 51 106.18 86.04 3,062.58 86.04 3,062.58
Vacant/ Remote 15 146.20 120.62 4,293.80 120.62 4,293.80
Single Family
Residential 20,777 3,781.38 20,777.00 739,661.20 20,777.00 739,661.20
Vacant
Residential 1,862 1,021.21 617.10 21,953.86 617.10 21,953.86
Vacant Non-
Residential 198 556.01 559.25 19,907.58 559.25 19,907.58
Total 23,572 10,458.17 27,594.24 $982,335.72 27,594.24 $982,335.72
247
2022/2023 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.
248
81
249
2022/2023 City Of La Quinta L&L 89-1 Page 15 of 15
APPENDIX B – 2022/2023 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 2022/2023. 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.
250
City of La Quinta
CITY COUNCIL MEETING: June 21, 2022
STAFF REPORT
AGENDA TITLE: ADOPT RESOLUTION TO APPROVE FISCAL YEAR 2022/23
THROUGH 2026/27 CAPITAL IMPROVEMENT PROGRAM
RECOMMENDATION
Adopt a resolution to approve the 2022/23 through 2026/27 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 2022/23 projects on April 5, 2022 to the Council and
on April 13, 2022 to the Financial Advisory Commission (FAC).
•26 projects are identified for 2022/23 with an estimated cost of $14
million. This first year of the CIP Program is called the “Capital Budget”.
•The 2022/23 projects have been incorporated for appropriation into the
Operating and Capital Budget.
•Pursuant to the Government Code, Council must hold a public hearing
on the CIP and consider its adoption by resolution after a public hearing.
FISCAL IMPACT
While the Council is requested to approve the five-year CIP, only the 2022/23
projects are funded as follows:
PUBLIC HEARING ITEM NO. 2
251
BACKGROUND/ANALYSIS
The CIP presents a five-year assessment of the community’s infrastructure,
facility and equipment needs; a five-year funding strategy is also outlined. It
is updated annually, and the current year CIP projects are included in the
Operating and Capital Budget. Funds are appropriated and the City then
implements the current year CIP projects.
The CIP process starts in January of each year and involves the community,
Council, and the FAC. Staff presented 2022/23 CIP projects to the Council
during study session on April 5, 2022 and to the FAC on April 13, 2022.
The following is a summary of the 2022/23 projects:
Project No. Project Total Funding
2223ADA ADA Accessible Ramps - Various Locations 20,000$
2223CPM Citywide Preventative Maintenance Plan Improvements 50,000$
2223PMP Pavement Management Plan Street Improvements 1,500,000$
2223STI Sidewalks - Various Locations 55,000$
2223TMI Citywide Traffic Signal Maintenance Improvements 235,000$
2223DRA Citywide Drainage Enhancements 477,000$
201702 Developer Reimbursement for DIF Eligible Improvements 400,000$
201709 Jefferson St. at Avenue 53 Roundabout 630,000$
201804 Landscape and Lighting Median Island Improvements 500,000$
201903 La Quinta Skate Park Conversion 633,000$
201905 Highway 111 Corridor Area Plan Implementation 1,000,000$
202102 Fritz Burns Park Improvements 500,000$
202201 Avenue 50 Pavement Rehabilitation (Washington Street to Eisenhower Drive)1,100,000$
202202 City Hall Capacity Improvements 800,000$
202203 Fred Waring Drive Pavement Rehabilitation (Washington Street to Adams Street)1,470,211$
202204 Sports Complex Lighting Replacement 250,000$
202205 Avenue 50 Widening Improvements (Jefferson Street to Madison Street)100,000$
202206 Village Undergrounding Project (Feasibility Study)100,000$
202207 Highway 111 at Jefferson Street Rehabilitation 487,000$
202208 Citywide Miscelleneous ADA Improvement Projects 132,600$
202209 ADA Transition Plan Update 150,000$
202210 Moon River Drive Pavement Rehabilitation (Ave 50 to DSUSD ROW)400,000$
202211 Village Parking Lot 500,000$
202212 Phase II Camera System 1,797,000$
202213 Smart Infrastructure Improvements (feasibility study/plan)250,000$
202214 Avenue 52 Pavement Rehabilitation (Madison Street to Monroe Street)500,000$
TOTAL:14,036,811$
TEAL: Measure G Funds $5,047,000 (36%)
ORANGE: General Funds $2,735,000 (19.5%)
Special Revenue Funds $1,432,600 (10%)
Color Key
WHITE: Measure A and SB1 RMRA Funds $4,822,211 (34.5%)
252
2022/23 CIP Projects
•Transportation - Roadway
Pavement Management Plan
Fred Waring Drive Pavement Rehabilitation (Washington Street to
Adams Street)
Jefferson Street at Avenue 53 Roundabout
Avenue 50 Pavement Rehabilitation
Avenue 50 Widening Improvements (Jefferson Street to Madison
Street)
Highway 111 at Jefferson Street Pavement Rehabilitation
Moon River Drive Pavement Rehabilitation
Avenue 52 Pavement Rehabilitation (Madison Street to Monroe
Street)
•Transportation - Pedestrian
ADA Accessible Ramps – Various Locations
Sidewalks – Various Locations
Highway 111 Corridor Area Plan Implementation
Citywide Miscellaneous ADA Improvements
ADA Transition Plan Update
•Parks and Facilities
Citywide Preventative Maintenance Improvements
La Quinta Skate Park Conversion
Fritz Burns Park Improvements
City Hall Capacity Improvements
Sports Complex Lighting Replacement
Village Undergrounding Feasibility Study
Phase II Public Safety Camera System
Village Parking Lot
•Landscape Improvements
Landscape and Lighting Median Island Improvements
•Drainage Enhancements
Citywide Drainage Enhancements
•Reimbursement Agreements
Developer Reimbursement for DIF Eligible Improvements
•Traffic Signal Improvements
Citywide Traffic Signal Maintenance Improvements
253
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.
ALTERNATIVES
Council may modify the 2022/23 through 2026/27 CIP.
Prepared by: Julie Mignogna, Management Analyst
Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer
Attachment: 1. CIP Unfunded Additional Projects Expenditure Summary
254
RESOLUTION NO. 2022 - XXX
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, APPROVING
THE FISCAL YEAR 2022/2023 THROUGH
2026/2027 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 12, 2022 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 2022/2023 through 2026/2027 Program
proposes approximately $55.7 million in improvement projects and identifies
$77.3 million of unfunded additional improvement projects over the five-year
period, commencing on July 1, 2022 and ending June 30, 2027; and
WHEREAS, the amount allocated for the CIP for first-year projects,
called the “Capital Budget,” proposes $14 million in improvements, which will
become effective on July 1, 2022; 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.
SECTION 2. The City Council hereby approves the Fiscal Year 2022/2023
through 2026/2027 Capital Improvement Program “Exhibit A” and confirms
the inclusion of the Capital Budget into the Fiscal Year 2022/2023 operating
255
Resolution No. 2022 - XXX
Capital Improvement Program for Fiscal Years 2022/23 through 2026/27
Adopted: June 21, 2022
Page 2 of 2
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 21st day of June 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
_______________________
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
___________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
256
Project # Project DescriptionGeneral Fund OperatingMeasure G Sales TaxSB 1 Road Maint/RehabParks and Rec DIFDIF TransportationCivic Center DIFMaintenance and Facilities DIF Measure AOther RevenueOther Revenue SourceTotal 2022/20232223ADA ADA Accessible Ramps - Various Locations 20,00020,0002223CPM Citywide Preventative Maintenance Plan Improvements50,000Equip Replacement Fund50,0002223PMP Pavement Management Plan Street Improvements1,500,0001,500,0002223STI Sidewalks - Various Locations55,00055,0002223TMI Citywide Traffic Signal Maintenance Improvements235,000 235,0002223DRA Citywide Drainage Enhancements477,000477,000201702 Developer Reimbursement for DIF Eligible Improvements400,000400,000201709 Jefferson St. at Avenue 53 Roundabout630,000630,000201804 Landscape and Lighting Median Island Improvements500,000500,000201903 La Quinta Skate Park Conversion133,000 500,000633,000201905 Highway 111 Corridor Area Plan Implementation1,000,0001,000,000202102 Fritz Burns Park Improvements500,000500,000202201 Avenue 50 Pavement Rehabilitation (Washington Street to Eisenhower Drive)1,100,0001,100,000202202 City Hall Capacity Improvements550,000250,000800,000202203 Fred Waring Drive Pavement Rehabilitation (Washington Street to Adams Street)940,211530,000 1,470,211202204 Sports Complex Lighting Replacement250,000250,000202205 Avenue 50 Widening Improvements (Jefferson Street to Madison Street)100,000100,000202206 Village Undergrounding Project (Feasibility Study)100,000100,000202207 Highway 111 at Jefferson Street Rehabilitation 487,000 487,000202208 Citywide Miscelleneous ADA Improvement Projects132,600CDBG132,600202209 ADA Transition Plan Update150,000150,000202210 Moon River Drive Pavement Rehabilitation (Ave 50 to DSUSD ROW)400,000400,000202211 Village Parking Lot500,000500,000202212 Phase II Camera System 1,797,0001,797,000202213 Smart Infrastructure Improvements (feasibility study/plan)250,000250,000202214 Avenue 52 Pavement Rehabilitation (Madison Street to Monroe Street)500,000500,000FY 2022/2023 SUBTOTAL: 2,735,000 5,047,000 940,211 500,000500,000 250,0000 3,882,000 182,60014,036,8112023/20242324ADA ADA Accessible Ramps - Various Locations20,00020,0002324CPM Citywide Preventative Maintenance Plan Improvements50,000Equip Replacement Fund50,0002324PMP Pavement Management Plan Street Improvements1,500,0001,500,0002324STI Sidewalks - Various Locations55,00055,0002324TMI Citywide Traffic Signal Maintenance Improvements235,000 235,0002324DRA Citywide Drainage Enhancements477,000477,000201702 Developer Reimbursement for DIF Eligible Improvements400,000400,000201804 Landscape and Lighting Median Island Improvements500,000500,000201805 Corporate Yard Administrative Offices and Crew Quarters2,273,000500,000 2,773,000201905 Highway 111 Corridor Area Plan Implementation1,000,0001,000,000202102 Fritz Burns Park Improvements2,000,0002,000,000202205 Avenue 50 Widening Improvements (Jefferson Street to Madison Street)471,613471,613202212 Village Parking Lot 1,100,0001,100,000202213 Phase III Camera System 2,793,0002,793,000202301 Avenue 58 Pavement Rehabilitation (Jefferson Street to Madison Street)1,380,0001,380,000202302 Caleo Bay at Avenue 47 (New Traffic Signal)430,000430,000202303 Washington Street at Lake La Quinta Drive (New Traffic Signal)430,000430,000202402 Corporate Centre Drive Gap Closure931,000931,000202305 Washington Street Sidewalk Improvements (Avenue 50 to Calle Tampico)478,000478,000FY 2023/2024 SUBTOTAL: 2,552,000 9,166,000 949,613 0 1,260,000 0 500,000 2,546,000 50,000 17,023,613CAPITAL IMPROVEMENT PROGRAMCITY OF LA QUINTAREVENUE SUMMARYEXHIBIT AEXHIBIT A 257
Project # Project DescriptionGeneral Fund OperatingMeasure G Sales TaxSB 1 Road Maint/RehabParks and Rec DIFDIF TransportationCivic Center DIFMaintenance and Facilities DIF Measure AOther RevenueOther Revenue SourceTotal CAPITAL IMPROVEMENT PROGRAMCITY OF LA QUINTAREVENUE SUMMARY2024/20252425ADA ADA Accessible Ramps - Various Locations20,00020,0002425CPM Citywide Preventative Maintenance Plan Improvements50,000Equip Replacement Fund50,0002425PMP Pavement Management Plan Street Improvements1,500,0001,500,0002425STI Sidewalks - Various Locations55,00055,0002425TMI Citywide Traffic Signal Maintenance Improvements235,000 235,0002425DRA Citywide Drainage Enhancements477,000477,000201702 Developer Reimbursement for DIF Eligible Improvements400,000400,000201804 Landscape and Lighting Median Island Improvements500,000500,000201805 Corporate Yard Administrative Offices and Crew Quarters3,657,0003,657,000201905 Highway 111 Corridor Area Plan Implementation1,000,0001,000,000202205 Avenue 50 Widening Improvements (Jefferson Street to Madison Street)579,109579,109202401 Avenue 50 Sidewalk Improvements (Washington Street to Avenida Montero)400,000400,000202304 Francis Hack Lane Pavement Rehabilitation (Avenida Bermudas to Cul-De-Sac)380,000380,000202403 Washington Street Sidewalk Improvements (Calle Tampico to Avenue 52)444,000444,000202404 Cove Area Slurry Seal Improvements Phase 1950,000 950,000FY 2024/2025 SUBTOTAL: 2,552,000 4,657,000 959,109 0 400,000 0 2,029,000 50,000 10,647,1092025/20262526ADA ADA Accessible Ramps - Various Locations20,00020,0002526CPM Citywide Preventative Maintenance Plan Improvements50,000Equip Replacement Fund50,0002526PMP Pavement Management Plan Street Improvements1,500,0001,500,0002526STI Sidewalks - Various Locations55,00055,0002526TMI Citywide Traffic Signal Maintenance Improvements235,000 235,0002425DRA Citywide Drainage Enhancements477,000477,000201702 Developer Reimbursement for DIF Eligible Improvements400,000400,000201804 Landscape and Lighting Median Island Improvements500,000500,000201905 Highway 111 Corridor Area Plan Implementation1,000,0001,000,000202501 Citywide Striping Refresh500,000 500,000202502 Highway 111/Simon Drive Dual Left Turn Lanes723,850 723,850202503 Cove Area Slurry Seal Improvements Phase 2950,000950,000202504 Avenue 47 Pavement Rehabilitation (Washington Street to Adams Street)512,617512,617202506 5-Year PMP Update50,000 50,000FY 2025/2026 SUBTOTAL: 2,552,000 1,000,000 950,000 0 400,000 0 2,021,467 50,000 6,973,4672026/20272627ADA ADA Accessible Ramps - Various Locations20,00020,0002627CPM Citywide Preventative Maintenance Plan Improvements50,000Equip Replacement Fund50,0002627PMP Pavement Management Plan Street Improvements1,500,0001,500,0002627STI Sidewalks - Various Locations55,00055,0002627TMI Citywide Traffic Signal Maintenance Improvements235,000 235,0002627DRA Citywide Drainage Enhancements477,000477,000201702 Developer Reimbursement for DIF Eligible Improvements400,000400,000201804 Landscape and Lighting Median Island Improvements500,000500,000201905 Highway 111 Corridor Area Plan Implementation1,000,0001,000,000202601North La Quinta Slurry Seal Improvements/Pavement Repair1,784,0001,784,000202602Citywide Arterial Slurry Seal Improvements997,088997,088FY 2026/2027 SUBTOTAL: 2,552,000 1,000,000 997,0880400,00002,019,000 50,0007,018,088TOTAL FISCAL YEARS 2022/23 THROUGH 2026/27: 12,943,000 20,870,000 4,796,021 500,000 2,960,000 250,000 500,000 12,497,467 382,60055,699,088258
Project # Project DescriptionEngineering ConstructionInspection/Testing/Survey Professional Contingency OtherOther Expenditure Total2022/20232223ADA ADA Accessible Ramps - Various Locations1,45014,000 1,3501,2002,00020,0002223CPM Citywide Preventative Maintenance Plan Improvements3,62535,000 3,3753,0005,00050,0002223PMP Pavement Management Plan Street Improvements108,750 1,050,000 101,250 90,000150,0001,500,0002223STI Sidewalks - Various Locations3,98838,500 3,7133,3005,50055,0002223TMI Citywide Traffic Signal Maintenance Improvements17,038 164,500 15,863 14,10023,500235,0002223DRA Citywide Drainage Enhancements34,583 333,900 32,198 28,62047,700477,000201702 Developer Reimbursement for DIF Eligible Improvements00000 400,000Reimbursement400,000201709 Jefferson St. at Avenue 53 Roundabout 45,675 441,000 42,525 37,800 63,000 630,000201804 Landscape and Lighting Median Island Improvements 36,250 350,000 33,750 30,000 50,000 500,000201903 La Quinta Skate Park Conversion45,893 443,100 42,728 37,980 63,300 633,000201905 Highway 111 Corridor Area Plan Implementation 72,500 700,000 67,500 60,000 100,000 1,000,000202102 Fritz Burns Park Improvements36,250 350,000 33,750 30,000 50,000 500,000202201 Avenue 50 Pavement Rehabilitation (Washington Street to Eisenhower Drive) 79,750 770,000 74,250 66,000 110,000 1,100,000202202 City Hall Capacity Improvements58,000 560,000 54,000 48,000 80,000 800,000202203 Fred Waring Drive Pavement Rehabilitation (Washington Street to Adams Street) 106,590 1,029,148 99,239 88,213 147,021 1,470,211202204 Sports Complex Lighting Replacement 18,125 175,000 16,875 15,000 25,000 250,000202205 Avenue 50 Widening Improvements (Jefferson Street to Madison Street) 7,250 70,000 6,750 6,000 10,000 100,000202206 Village Undergrounding Project (Feasibility Study) 7,250 70,000 6,750 6,000 10,000 100,000202207 Highway 111 at Jefferson Street Rehabilitation 35,308 340,900 32,873 29,220 48,700 487,000202208 Citywide Miscelleneous ADA Improvement Projects 9,614 92,820 8,951 7,956 13,260 132,600202209 ADA Transition Plan Update0 0 0 150,000 0 150,000202210 Moon River Drive Pavement Rehabilitation (Ave 50 to DSUSD ROW) 29,000 280,000 27,000 24,000 40,000 400,000202211 Village Parking Lot500,000 0 0 0 0 500,000202212 Phase II Camera System 130,283 1,257,900 121,298 107,820 179,700 1,797,000202213 Smart Infrastructure Improvements (feasibility study/plan) 0 0 0 250,000 0 250,000202214 Avenue 52 Pavement Rehabilitation (Madison Street to Monroe Street) 36,250 350,000 33,750 30,000 50,000 500,000FY 2022/2023 SUBTOTAL: 1,423,419 8,915,768 859,735 1,164,209 1,273,681 400,000 14,036,8112023/20242324ADA 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 108,750 1,050,000 101,250 90,000 150,000 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 Enhancements34,583 333,900 32,198 28,620 47,700 477,000201702 Developer Reimbursement for DIF Eligible Improvements 0 0 0 0 0 400,000Reimbursement400,000201804 Landscape and Lighting Median Island Improvements 36,250 350,000 33,750 30,000 50,000 500,000201805 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 Improvements145,000 1,400,000 135,000 120,000 200,000 2,000,000202205 Avenue 50 Widening Improvements (Jefferson Street to Madison Street) 34,192 330,129 31,834 28,297 47,161 471,613202212 Village Parking Lot 79,750 770,000 74,250 66,000 110,000 1,100,000202213 Phase III Camera System 202,493 1,955,100 188,528 167,580 279,300 2,793,000202301 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 43,000 430,000202402 Corporate Centre Drive Gap Closure67,498 651,700 62,843 55,860 93,100 931,000202305 Washington Street Sidewalk Improvements (Avenue 50 to Calle Tampico) 34,655 334,600 32,265 28,680 47,800 478,000FY 2023/2024 SUBTOTAL: 1,205,212 11,636,529 1,122,094 997,4171,662,361 17,023,613CITY OF LA QUINTACAPITAL IMPROVEMENT PROGRAMEXPENDITURE SUMMARYATTACHMENT 1259
Project # Project DescriptionEngineering ConstructionInspection/Testing/Survey Professional Contingency OtherOther Expenditure TotalCITY OF LA QUINTACAPITAL IMPROVEMENT PROGRAMEXPENDITURE SUMMARY2024/20252425ADA 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 108,750 1,050,000 101,250 90,000 150,000 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 Enhancements34,583 333,900 32,198 28,620 47,700 477,000201702 Developer Reimbursement for DIF Eligible Improvements 0 0 0 0 0 400,000Reimbursement400,000201804 Landscape and Lighting Median Island Improvements 36,250 350,000 33,750 30,000 50,000 500,000201805 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 1,000,000202205 Avenue 50 Widening Improvements (Jefferson Street to Madison Street) 41,985 405,376 39,090 34,747 57,911 579,109202401 Avenue 50 Sidewalk Improvements (Washington Street to Avenida Montero) 29,000 280,000 27,000 24,000 40,000 400,000202304 Francis Hack Lane Pavement Rehabilitation (Avenida Bermudas to Cul-De-Sac) 27,550 266,000 25,650 22,800 38,000 380,000202403 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 68,875 665,000 64,125 57,000 95,000 950,000FY 2024/2025 SUBTOTAL: 742,915 7,172,976 691,680 614,827 1,024,711 400,00010,647,1092025/20262526ADA ADA Accessible Ramps - Various Locations1,45014,000 1,3501,2002,00020,0002526CPM Citywide Preventative Maintenance Plan Improvements3,62535,000 3,3753,0005,00050,0002526PMP Pavement Management Plan Street Improvements108,750 1,050,000 101,250 90,000150,0001,500,0002526STI Sidewalks - Various Locations3,98838,500 3,7133,3005,50055,0002526TMI Citywide Traffic Signal Maintenance Improvements17,038 164,500 15,863 14,10023,500235,0002425DRA Citywide Drainage Enhancements34,583 333,900 32,198 28,62047,700477,000201702 Developer Reimbursement for DIF Eligible Improvements00000 400,000Reimbursement400,000201804 Landscape and Lighting Median Island Improvements 36,250 350,000 33,750 30,000 50,000 500,000201905 Highway 111 Corridor Area Plan Implementation 72,500 700,000 67,500 60,000 100,000 1,000,000202501 Citywide Striping Refresh36,250 350,000 33,750 30,000 50,000 500,000202502 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 68,875 665,000 64,125 57,000 95,000 950,000202504 Avenue 47 Pavement Rehabilitation (Washington Street to Adams Street) 37,165 358,832 34,602 30,757 51,262 512,617202506 5-Year PMP Update0 0 0 50,000 0 50,000FY 2025/2026 SUBTOTAL: 472,951 4,566,427 440,334 441,408 652,347 400,000 6,973,4672026/20272627ADA ADA Accessible Ramps - Various Locations 1,450 14,000 1,350 1,200 2,000 20,0002627CPM Citywide Preventative Maintenance Plan Improvements 3,625 35,000 3,375 3,000 5,000 50,0002627PMP Pavement Management Plan Street Improvements 108,750 1,050,000 101,250 90,000 150,000 1,500,0002627STI Sidewalks - Various Locations3,988 38,500 3,713 3,300 5,500 55,0002627TMI Citywide Traffic Signal Maintenance Improvements 17,038 164,500 15,863 14,100 23,500 235,0002627DRA Citywide Drainage Enhancements34,583 333,900 32,198 28,620 47,700 477,000201702 Developer Reimbursement for DIF Eligible Improvements 0 0 0 0 0 400,000Reimbursement400,000201804 Landscape and Lighting Median Island Improvements 36,250 350,000 33,750 30,000 50,000 500,000201905 Highway 111 Corridor Area Plan Implementation 72,500 700,000 67,500 60,000 100,000 1,000,000202601North La Quinta Slurry Seal Improvements/Pavement Repair129,340 1,248,800 120,420 107,040 178,400 1,784,000202602Citywide Arterial Slurry Seal Improvements72,289 697,962 67,303 59,825 99,709 997,088FY 2026/2027 SUBTOTAL: 479,811 4,632,662 446,721 397,085 661,809 400,000 7,018,088TOTAL FISCAL YEARS 2022/23 THROUGH 2026/27: 4,324,309 36,924,362 3,560,5633,614,945 5,274,909 1,600,00055,699,088260
Project DescriptionQuimby FundsDIFTransportationDIF Parks/RecDIF Maint FacilityDIF Fire OtherOtherRevenue SourceTotal BRIDGE IMPROVEMENTSAD 1 Washington Street Bridge Railing (Replacement)1,070,355 TBD/City of Indian Wells 1,070,355DRAINAGE IMPROVEMENTSAD 2 Eisenhower Drive and Avenue 50 Drainage Improvements2,000,000TBD2,000,000MISCELLANEOUS IMPROVEMENTSAD 3 Village Area Parking Structure7,500,000TBD7,500,000AD 4 Golf Cart Routes750,000TBD750,000AD 5 Village Area Parking Lot 2,500,000TBD2,500,000PUBLIC FACILITIESAD 6 City Hall Solar Panels1,000,000TBD1,000,000AD 7 Library/Wellness Center Solar Panels1,000,000TBD1,000,000AD 8 Corporate Yard - Phase III1,739,3832,279,411TBD4,018,794AD 9 Southeast Area Fire Station2,198,500 2,198,500 County of Riverside4,397,000PARKSAD 10 Sports Complex Field Improvements5,551,129TBD5,551,129AD 11 SilverRock Park Venue Phase II4,369,439TBD4,369,439STREET IMPROVEMENTSAD 12 Avenue 50 Street Improvements (Jefferson Street to Madison Street)300,000900,000CVAG/TUMF1,200,000AD 13 Avenue 58 Street Improvements (Jefferson Street to Madison Street)780,0007,100,000 Dev Contribution7,880,000AD 14 Avenue 62 Street Improvements (Monroe Street to Madison Street)1,949,000 Dev Contribution1,949,000AD 15 Washington Street at Washington Park (Left Turn Lane)258,000TBD258,000AD 16 Highway 111 at La Quinta Center Drive (Dual Left Turn Lanes)703,000TBD703,000AD 17 Jefferson Street Extension (Avenue 58 to Avenue 60)1,000,0002,064,160 Dev Contribution3,064,160STREET IMPROVEMENTS - BICYCLE PATHSAD 18 Citywide Bicycle Path Improvements8,600,000TBD8,600,000STREET IMPROVEMENTS - ROUNDABOUTSAD 19 Madison Street at Avenue 58 Two Lane Roundabout2,388,0002,388,000AD 20 Madison Street at Avenue 60 Two Lane Roundabout2,388,0002,388,000AD 21 Monroe Street at Avenue 52 Two Lane Roundabout597,0001,791,000City of Indio2,388,000AD 22 Monroe Street at Avenue 54 Two Lane Roundabout1,194,0001,194,000 County of Riverside2,388,000AD 23 Monroe Street at Avenue 58 Two Lane Roundabout1,194,0001,194,000 County of Riverside2,388,000AD 24 Monroe Street at Avenue 60 Two Lane Roundabout2,388,0002,388,000AD 25 Monroe Street at Avenue 62 Two Lane Roundabout597,0001,791,000 TBD/County of Riverside2,388,000AD 26 Jefferson Street at Avenue 54 Roundabout1,791,000597,000 Dev Contribution2,388,000STREET IMPROVEMENTS - TRAFFIC SIGNALSAD 27 Avenue 50 at Orchard Lane (New Traffic Signal)107,500 322,500 Dev Contribution 430,000TOTAL ADD PROJECTS: 0 14,724,500 0 1,739,383 2,198,500 58,682,494 77,344,877CITY OF LA QUINTACAPITAL IMPROVEMENT PROGRAMUNFUNDED ADDITIONAL PROJECTS - REVENUE SUMMARYProject #ATTACHMENT 1ATTACHMENT 1 261
Project DescriptionEngineeringConstructionInspectionProfessionalContingencyOtherTotalBRIDGE IMPROVEMENTSAD 1 Washington Street Bridge Railing (Replacement)78,000 780,000 76,050 39,000 97,305 1,070,355 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 Routes75,000 560,625 58,125 18,750 37,500 749,999 AD 5 Village Area Parking Lot250,000 1,868,750 193,750 62,500 125,000 2,500,000 PUBLIC FACILITIESAD 6 City Hall Solar Panels50,000 950,000 1,000,000 AD 7 Library/Wellness Center Solar Panels50,000 950,000 1,000,000 AD 8 Corporate Yard - Phase III401,879 3,004,049 311,457 100,470 200,940 4,018,794 AD 9 Southeast Area Fire Station439,700 3,286,758 340,768 109,925 219,850 4,397,000 PARKSAD 10 Sports Complex Field Improvements555,113 4,149,469 430,212 138,778 277,556 5,551,129 11 SilverRock Park Venue Phase II436,944 3,266,156 338,632 109,236 218,472 4,369,439 STREET IMPROVEMENTSAD 12 Avenue 50 Street Improvements (Jefferson Street to Madison Street)120,000 897,000 93,000 30,000 60,000 1,200,000 AD 13 Avenue 58 Street Improvements (Jefferson Street to Madison Street)788,000 5,890,300 610,700 197,000 394,000 7,880,000 AD 14 Avenue 62 Street Improvements (Monroe Street to Madison Street)194,900 1,456,878 151,048 48,725 97,450 1,949,000 AD 15 Washington Street at Washington Park (Left Turn Lane)25,800 192,855 19,995 6,450 12,900 258,000 AD 16 Highway 111 at La Quinta Center Drive (Dual Left Turn Lanes)70,300 525,493 54,483 17,575 35,150 703,000 AD 17 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 18 Citywide Bicycle Path Improvements860,000 6,428,500 666,500 215,000 430,000 8,600,000 STREET IMPROVEMENTS - ROUNDABOUTSAD 19 Madison Street at Avenue 58 Two Lane Roundabout238,800 1,785,030 185,070 59,700 119,400 2,388,000 AD 20 Madison Street at Avenue 60 Two Lane Roundabout238,800 1,785,030 185,070 59,700 119,400 2,388,000 AD 21 Monroe Street at Avenue 52 Two Lane Roundabout238,800 1,785,030 185,070 59,700 119,400 2,388,000 AD 22 Monroe Street at Avenue 54 Two Lane Roundabout238,800 1,785,030 185,070 59,700 119,400 2,388,000 AD 23 Monroe Street at Avenue 58 Two Lane Roundabout238,800 1,785,030 185,070 59,700 119,400 2,388,000 AD 24 Monroe Street at Avenue 60 Two Lane Roundabout238,800 1,785,030 185,070 59,700 119,400 2,388,000 AD 25 Monroe Street at Avenue 62 Two Lane Roundabout238,800 1,785,030 185,070 59,700 119,400 2,388,000 AD 26 Jefferson Street at Avenue 54 Roundabout238,800 1,785,030 185,070 59,700 119,400 2,388,000 STREET IMPROVEMENTS - TRAFFIC SIGNALSAD 27 Avenue 50 at Orchard Lane (New Traffic Signal)43,000 321,425 33,325 10,750 21,500 430,000 SUBTOTAL ADD PROJECTS 7,605,452 57,637,705 5,982,325 1,933,363 4,186,031 - 77,344,876CITY OF LA QUINTACAPITAL IMPROVEMENT PROGRAMUNFUNDED ADDITIONAL PROJECTS - EXPENDITURE SUMMARYProject #262
PUBLIC HEARING ITEM NO. 3
City of La Quinta
CITY COUNCIL MEETING: June 21, 2022
STAFF REPORT
AGENDA TITLE: ADOPT RESOLUTION TO APPROVE STREET NAME CHANGES
OF (1) SILVERROCK WAY TO TALUS WAY AND (2) AHMANSON LANE TO
PAINTED PEAK LANE; CEQA: DESIGN AND DEVELOPMENT DEPARTMENT HAS
DETERMINED THE PROJECT IS EXEMPT FROM CEQA UNDER THE PROVISIONS
OF SECTION 15061(b)(3) COMMON SENSE RULE; LOCATION: SILVERROCK
WAY (PROJECT: SNC 2022-0002)
RECOMMENDATION
Remand the project to Planning Commission to allow the Applicant the
opportunity to present the request and respond to the Commission’s
concerns and comments.
EXECUTIVE SUMMARY
SilverRock Development Company (Applicant) submitted an application
for a Street Name Change (SNC 2022-0002) to change the street names
SilverRock Way to Talus Way and Ahmanson Lane to Painted Peak Lane
(Attachment 1).
This process is regulated by La Quinta Municipal Code (LQMC) Chapter
14.08 Street Name Changes (Attachment 2).
Applicant is requesting these changes due to the rebranding of the
development from SilverRock to Talus (Attachment 3).
City of La Quinta Planning Commission (Commission) considered this
request at a public hearing on May 24, 2022 and recommended approval
of change for SilverRock Way to Talus Way, but not for Ahmanson Lane
to Painted Peak Lane.
FISCAL IMPACT- None. The cost to replace street signs would be borne by the
applicant.
263
BACKGROUND/ANALYSIS
SilverRock Way and Ahmanson Lane are two streets that run through the Talus
Development. SilverRock Way begins at Avenue 52 and runs south and east
and connects to Jefferson Street. Ahmanson Lane connects to SilverRock Way
and runs south, leading to the current golf clubhouse.
Applicant submitted SNC2022-0002 to change SilverRock Way to Talus Way
and Ahmanson Lane to Painted Peak Lane. The proposed street name changes
would apply to the entirety of both streets and are being proposed as part of a
rebranding for the development. LQMC permits any individual to initiate a
street name change, signed by at least 67% of the owners abutting the street.
The owners abutting these streets include the Applicant and the City of La
Quinta. Staff has reviewed the proposed request and it has met the
requirements of LQMC Chapter 14.08.
On April 26, 2022, the Planning Commission adopted a resolution of intention to
hold a public hearing for the proposed name changes in accordance with LQMC
Chapter 14.08.
On May 24, 2022, the Commission held a public hearing to consider the
Applicant’s request. The Applicant, Bruce Maize, was not present at this
meeting to answer Commissioner’s questions or comments. Mr. Maize indicated
to staff that he mistakenly left the Planning Commission meeting early because
he thought that this agenda item had already been discussed. The Commission
adopted a Resolution that recommended City Council approve the street name
change for SilverRock Way to Talus Way but did not recommend approval of
changing Ahmanson Lane to Painted Peak Lane. Commissioners had concern
on changing the Ahmanson Lane name due to its association with La Quinta
history, specifically for its ties to the Ahmanson Clubhouse. Per LQMC Chapter
14.08, Staff has presented the Commission’s recommendation to Council for
consideration.
Given that the Applicant was not in attendance at the May 24 Commission
hearing, the street name request could be remanded to the Commission to
allow the Applicant the opportunity to present the request and respond to the
Commission’s concerns and comments. A final decision by the Council must be
made no later than the July 19, 2022 Council meeting, per the LQMC which
requires that street name requests must be considered by the Council within 60
days of the submission of the Planning Commission’s recommendation (May 24,
2022), or the request is deemed denied. In order to meet this timeframe,
remanding the request to the Commission requires that it go before the
Commission at their June 28 or July 12 regular meetings, then return to the
July 19 Council meeting for final decision.
264
AGENCY AND PUBLIC REVIEW
Public Agency Review
The applications were distributed to City staff, including the Riverside County
Fire Department. All comments have been addressed and/or added as
conditions of approval.
ENVIRONMENTAL REVIEW
The Design and Development Department has determined that the proposed
project is exempt from California Environmental Quality Act (CEQA) under
provisions of Section 15061(b)(3). The activity is covered by the common
sense exemption that CEQA applies only to projects, which have the potential
for causing a significant effect on the environment. In this case, it can be seen
with certainty that there is no possibility that the proposal in question may have
a significant effect on the environment, therefore the proposal is not subject to
CEQA.
ALTERNATIVES
1)Accept Planning Commission’s recommendation to approve a street name
change for SilverRock Way to Talus Way but not change the street name
of Ahmanson Lane to Painted Peak Lane.
2)Approve a street name change of SilverRock Way to Talus Way and
Ahmanson Lane to Painted Peak Lane.
3)Not approve any street name changes.
Prepared by: Carlos Flores, Senior Planner
Approved by: Danny Castro, Design and Development Director
Attachments: 1. Street Name Change Exhibit
2. La Quinta Municipal Code Chapter 14.08
3. Street Name Change Justification
265
266
CITY COUNCIL RESOLUTION 2022 - XXX
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, APPROVING
A STREET NAME CHANGE OF SILVERROCK WAY
TO TALUS WAY AND AHMANSON LANE TO
PAINTED PEAK LANE
CASE NUMBERS: STREET NAME CHANGE 2022-0002
APPLICANT: SILVERROCK DEVELOPMENT COMPANY, LLC
WHEREAS, the Planning Commission of the City of La Quinta,
California did, on April 26, 2022, adopt Planning Commission Resolution
2022-0009 announcing the intent to hold a public hearing on May 24, 2022,
to review a street name change of SilverRock Way to Talus Way and of
Ahmanson Lane to Painted Peak Lane, for the entirety of those two streets;
and
WHEREAS, the Design and Development Department published a
public hearing notice in The Desert Sun newspaper on May 6, 2022, and
notices were posted on May 13, 2022 along both streets as prescribed by
the Municipal Code; and
WHEREAS, the Planning Commission of the City of La Quinta,
California did, on May 24, 2022, hold a duly noticed public hearing to
consider the request of SilverRock Development Company, LLC, for said
street name change and recommended City Council approval of changing
SilverRock Way to Talus Way but did not recommend the change of
Ahmanson Lane to Painted Peak Lane, citing concerns of removing
references to La Quinta history; and
WHEREAS, the Design and Development Department published a
public hearing notice in The Desert Sun newspaper on June 3, 2022, and
notices were posted on June 9, 2022 along both streets; and
WHEREAS, the City Council of the City of La Quinta, California did, on
June 21, 2022, consider this recommendation from Planning Commission to
approve the name change of SilverRock Way to Talus Way but not to change
Ahmanson Lane to Painted Peak Lane; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of La Quinta, California, as follows:
267
City Council Resolution 2022-XXX
Street Name Change 2022-0002
SilverRock Way & Ahmanson Lane
Adopted:
Page 2 of 3
SECTION 1. That the above recitations are true and constitute the Findings
of the City Council in this case; and
SECTION 2. That the above project be determined by the Planning
Commission to be exempt from the California Environmental Quality Act
requirements under the provisions of Section 15061(b)(3), Common Sense
Rule; and
SECTION 3. That it does hereby approve Street Name Change 2002-0002
subject to the attached Conditions of Approval [Exhibit A].
PASSED, APPROVED, and ADOPTED at a regular meeting of the
City of La Quinta City Council, held on this 21st day of June, 2022, 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
268
City Council Resolution 2022-XXX
Street Name Change 2022-0002
SilverRock Way & Ahmanson Lane
Adopted:
Page 3 of 3
APPROVED AS TO FORM:
___________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
269
CITY COUNCIL RESOLUTION 2022-XXX EXHIBIT A
CONDITIONS OF APPROVAL - RECOMMENDED
STREET NAME CHANGE 2022-0002
SILVERROCK WAY & AHMANSON LANE
ADOPTED:
Page 1 of 1
GENERAL
1.The applicant agrees to defend, indemnify, and hold harmless the City of
La Quinta (“City”), its agents, officers and employees from any claim,
action or proceeding to attack, set aside, void, or annul the approval of
this Street Name Change. The City shall have sole discretion in selecting
its defense counsel.
The City shall promptly notify the applicant of any claim, action or
proceeding and shall cooperate fully in the defense.
2.The applicant shall pay for the purchase and installation of any new street
name signs required as part of this proposal.
270
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ATTACHMENT 1
ATTACHMENT 1271
272
ATTACHMENT 2
Title 14 - STREETS AND SIDEWALKS
Chapter 14.08 STREET NAME CHANGES
La Quinta, California, Municipal Code Created: 2022-03-25 11:00:47 [EST]
(Supp. No. 2, Update 3)
Page 1 of 2
Chapter 14.08 STREET NAME CHANGES
14.08.010 Petition for initiation of street name change.
Any person may initiate a street name change for any reason consistent with law, by complying with the provisions
of this chapter.
(Ord. 10 § 1, 1982)
14.08.020 Initiation of petition.
A proposed change of street name may be initiated by filing with the planning commission an application in the
form prescribed by the city manager and signed by the owners of at least sixty percent (60%) of the lineal frontage
abutting the street to be affected.
(Ord. 10 § 1, 1982)
14.08.030 Application fee.
The application shall be accompanied by a fee in an amount established by resolution of the city council, in order
to defray the costs of publishing, posting and processing, as hereinafter prescribed.
(Ord. 10 § 1, 1982)
14.08.040 Manager's examination.
The city manager shall examine the application and determine the sufficiency of same as to the percentage
requirement of Section 14.08.020.
(Ord. 10 § 1, 1982)
14.08.050 Adoption of resolution of intention.
Upon determination of the sufficiency of the petition, the commission shall adopt a resolution of intention to
change name and set a date for public hearing not less than thirty (30) days from the date of adoption of the
resolution.
(Ord. 10 § 1, 1982)
14.08.060 Publication.
The city manager shall provide for at least one (1) publication of the resolution of intention in a newspaper of
general circulation within the city at least fifteen (15) days prior to the hearing date.
(Ord. 10 § 1, 1982)
273
Created: 2022-03-25 11:00:47 [EST]
(Supp. No. 2, Update 3)
Page 2 of 2
14.08.070 Posting.
The city manager shall provide for posting copies of the resolution of intention in at least three (3) public places
along the street proposed to be affected. The posting shall be completed at least ten (10) days prior to the hearing
date.
(Ord. 10 § 1, 1982)
14.08.080 Commission hearing.
At the time set for hearing, or at any time to which the hearing may be continued, the commission shall hear and
consider proposals to adjust, alter or change the name(s) of the street(s) mentioned in the resolution, and
objections to the proposals.
(Ord. 10 § 1, 1982)
14.08.090 Commission recommendation.
At or after the conclusion of the hearing, the commission may make any recommendation to the city council which
the commission deems appropriate. In its deliberations the commission shall consider any applicable specific plans
in effect.
(Ord. 10 § 1, 1982)
14.08.100 Council action.
The city council may, pursuant to California Government Code Section 34091.1, take such action as it deems
appropriate upon the recommendation of the commission, and failure to take action within sixty (60) days after
submission of the commission's recommendation shall be deemed denial of the application.
(Ord. 10 § 1, 1982)
14.08.110 Commission recommendation without petition and hearing.
Notwithstanding any other parts of this code, the commission may, for any reason it deems in the public interest
and necessity, recommend to the city council that a street name be changed. The recommendation may be made
without complying with the requirements of Sections 14.08.020 through 14.08.080. The recommendation shall be
in the form of a resolution of the commission directed to the city council. Thereafter the city council shall take such
action as it deems appropriate.
(Ord. 10 § 1, 1982)
274
SilverRock Development Company, LLC
343 4th Avenue | San Diego, CA 92101 | 760.634.6543
November 30, 2021
Carlos Flores
CITY OF LA QUINTA
78495 Calle Tampico
La Quinta, CA 92253
RE: Talus Way
Dear Carlos:
SilverRock Development Company requests that the street “SilverRock Way” of Parcel Map No. 37207 be
renamed as “Talus Way.”
The change is to reflect the rebranding of the SilverRock development to Talus.
Thank you for your consideration.
Sincerely,
Kaleena Klimeck
Kaleena Klimeck
Assistant Project Manager – The Robert Green Company, Inc.
Cc: Robert Green, RGC
Josh Frantz, RGC
Amy Yu, City of La Quinta
Rich Vaughn, MBI
ATTACHMENT 3
275
SilverRock Development Company, LLC
343 4th Avenue | San Diego, CA 92101 | 760.634.6543
November 30, 2021
Carlos Flores
CITY OF LA QUINTA
78495 Calle Tampico
La Quinta, CA 92253
RE: Painted Peak Lane
Dear Carlos:
SilverRock Development Company requests that the street “Ahmanson Lane” of Parcel Map No. 37207 be
renamed as “Painted Peak Lane.”
The name speaks to the genius loci of the site; it conveys both geological and atmospheric aspects of the street
as it describes the impressive quality of light that washes the prominent mountain range and the effect it
imposes on the area. Additionally, Talus’ iconography is of the painted peaks. Thus, the street name change
will also reinforce the community’s branding.
Thank you for your consideration.
Sincerely,
Kaleena Klimeck
Kaleena Klimeck
Assistant Project Manager – The Robert Green Company, Inc.
Cc: Robert Green, RGC
Josh Frantz, RGC
Amy Yu, City of La Quinta
Rich Vaughn, MBI
276
City of La Quinta
CITY COUNCIL MEETING: June 21, 2022
STAFF REPORT
AGENDA TITLE: APPROVE FISCAL YEAR 2022/23 MARKETING STRATEGIES
AND AGREEMENT FOR CONTRACT SERVICES FOR MARKETING WITH MADDEN
MEDIA
RECOMMENDATION
Approve fiscal year 2022/23 marketing strategies and an Agreement for
Contract Services for marketing with Madden Media for an amount not to
exceed $725,000; and authorize the City Manager to execute the agreement.
EXECUTIVE SUMMARY
The 2022/23 Marketing Strategies (Attachment 1) focuses on a more
robust and informative outreach to the residents and businesses of La
Quinta (City).
In 2021, the City solicited a Request for Proposal (RFP) for a full
service marketing agency and received 16 submittals; JNS Next,
Madden Media, CV Strategies, and Traffik were interviewed.
After three interview roundtables, Madden Media was selected due in
part to their history of successful community outreach campaigns with
other cities.
The proposed Agreement for Contract Services (Agreement)
(Attachment 2) with Madden is for a one-year term for an amount not
to exceed $725,000 per year with an option to extend for an additional
four years.
FISCAL IMPACT
The direct marketing budget for Fiscal Year 2022/23 includes contract services
for Madden Media, which includes account management, media buys, and
additional marketing services in the amount of $725,000 The proposed cost
for contract services is $725,000 beginning July 1, 2022 and ending June 30,
2023; with an option to extend for four additional years, for a total not to
BUSINESS SESSION ITEM NO. 3
277
exceed amount of $3,625,000. Funds will be budgeted in the Marketing budget
account 101-3007-60461, Marketing and Tourism Promotions.
Marketing and Media Strategies Breakdown
Community Engagement
Digital $ 217,500
Local Traditional $ 105,440
Brand Activation $ 50,000
Economic Development
Digital $ 66,000
Contingency $ 40,860
Creative Production- Marketing Technology $ 122,800
Agency Services $ 122,400
Total $ 725,000
BACKGROUND/ANALYSIS
The new strategies will focus on stronger Community Engagement and
Economic Development to inform and educate our residents and businesses
on various projects, events, updates and consistent messaging in the City:
Magnify tourism collaboration with Visit Greater Palm Springs
Convention and Visitors Bureau
Shift strategies to educate and inform residents through in-person
activations, strategic social media, and local media
Continue communications to businesses with further enhancements to
the Economic Development microsite and frequent e-blasts
Expanded marketing plan to include additional print and digital
platforms, as well as additional media to ensure local coverage
The City will partner with Madden Media on an expansive marketing strategy
that will not only focus and engage our residents, but our business
development as well. Madden has a history of successful community
campaigns that involve community input and follow through which assists the
City in reaching more of its residents for key communications. Additionally,
Madden has been instrumental with other municipal clients to help retain and
bring in businesses to those cities. Staff will direct Madden to develop new
ways to reach its businesses to offer resources, assistance, and pertinent
information consistently.
278
The Plan has been designed to enhance communication in a variety of outlets
such as:
Creation and distribution of monthly electronic communications to both
residents and business
Significant increase in public relations to create a higher frequency of
press releases, media alerts, online and social communications
Working with the Chamber of Commerce to expand their current data
base of La Quinta businesses and contacts to consistently communicate
with them.
Creation of in-person activations within the City to engage residents
and connect with businesses such as the spring business update that
was done in April 2022 and business workshops.
Work with all City departments to ensure communications are serving
the community
Creation of a new electronic delivery system (GovDelivery) of
information from the City’s Quail Mail through email and text messages
ALTERNATIVES
Council may elect not to approve or amend FY 2022/23 Marketing Strategies;
and may elect not to approve the Agreement.
Prepared by: Marcie Graham, Marketing Manager
Approved by: Gilbert Villalpando, Director (Business Unit/Housing Development)
Attachments: 1. 2022/23 Marketing Strategies
2. Agreement for Contract Services with Madden Media
279
280
MarketingStrategies
F I S C A L Y E A R 2 0 2 2 / 2 3
ATTACHMENT 1
281
CommunityOverview
La Quinta Resort and Spa was originally created in 1926 as a
private retreat for Hollywood legends such as Greta Garbo and
Clark Gable, the City of La Quinta is just two hours east of Los
Angeles. Now the sixth-largest city (population 38,000
permanent + 15,000 seasonal) in the Coachella Valley, La Quinta
offers residents and visitors unsurpassed luxury, leisure, and
recreation and is well-known as an exclusive resort getaway with
some of the best golf in the country. Named by the Robb Report
as the “Best Place to Live for Golf,” La Quinta is home to over 20
exceptional and award-winning courses, including the famous
PGA West and SilverRock Resort. La Quinta’s resorts and clubs
consistently receive prestigious awards and accolades for golf as
well as spa, tennis, and meeting facilities and the future is about
to get even better. The development of two luxury hotels, the
Montage and the Pendry; and their associated branded
residential offerings at SilverRock Resort.
Throughout the year, La Quinta hosts a variety of festivals and
community events that showcase the City’s storied history and
enhance its sense of community. The PGA-sponsored American
Express golf tournament brings professionals and amateurs
together in a unique tournament each January, while car
enthusiasts and families all enjoy the annual Hot Rod and
Custom Car Show. Beautiful public art pieces are located
throughout the City and the annual La Quinta Art Celebration
attracts artists and patrons from around the world. Events such
as Art on Main Street and the Certified Farmers Market are held
in enchanting Old Town Village, where visitors find the best of
shopping, dining, and personal services on closed-off streets
reminiscent of colonial Mexico.
There is always something magical when visiting La Quinta and
truly finding a place where creating memories is the next level.
We welcome you to come and experience La Quinta, California.
A NATURAL PARADISE IN THE COACHELLA VALLEY, THE
CITY OF LA QUINTA IS NESTLED BETWEEN THE SANTA
ROSA AND SAN BERNARDINO MOUNTAINS. WORLD-
RENOWNED AS A DESTINATION FOR ART, GOLF, HEALTH,
AND WELLNESS, LA QUINTA CONTINUES TO ENHANCE ITS
STATUS AS THE "GEM OF THE DESERT.”
282
StrategicSynopsis
Through collaboration with
Madden Media, the City's
marketing plan will center around
its residents and businesses, while
still attracting visitors to
experience the Gem of the Desert.
Local activations, local media,
increase in public relations will all
assist to ensure the community is
engaged and informed.
Madden, along with the Greater
Coachella Valley Chamber of
Commerce will also assist City
staff in partnership, providing
education and being a resource to
our businesses. The goal is to keep
businesses in La Quinta and
attract new ones that make sense.
Brand enhancement, incredible
new images/video, the celebration
of the City's 40th anniversary,
partnerships, and additional
geographic outreach will create a
strong campaign showcasing La
Quinta as a leader in the
Coachella Valley.
THE 2022/23 MARKETING
PLAN CREATES A
CAMPAIGN THAT ENGAGES
THE COMMUNITY, IT'S
BUSINESSES AS WELL AS
ENHANCES THE SUPPORT
OF LA QUINTA’S ECONOMIC
FUTURE THROUGH
OUTREACH, BRANDING,
EDUCATION, AND
PARTNERSHIP.
283
Key PerformanceIndicators 2021/22
Creation of new ad
campaigns focused on La
Quinta's greatest assets and
newest amenities.
On-going development of an
overall marketing and
branding campaign focused
on new target market
segments that were
previously paused.
Continued promotion of La
Quinta as the prime
destination within the
Coachella Valley through
various media partners.
Stronger engagement
through community
outreach with residents.
Enhanced connections with
businesses through
collaboration with Economic
Development.
Revamp City’s website and
tourism site to streamline
and implement a universal
brand for tourists and locals.
Continue to provide COVID-
19 updates for residents and
tourists through digital, local
marketing, and social media.
On-going : Campaign
featuring health & wellness,
events, shopping, and
dining.
Completed : Included
geographical locations-
Silicon Valley, Pacific
Northwest, and various parts
of Canada.
Completed : Participated in
multiple co-op programs
with Visit Greater Palm
Springs, AAA Magazine & So.
Cal Life Magazine.
On-going : Increase in local
print, radio, and media
partnerships.
On-going : Increase in
frequency of e-blasts and in-
person "check-ins" with LQ
businesses.
Completed : Revised City
websites for both residents
and visitors to increase
efficiency.
On-going : Through various
channels, COVID-19 updates
showed increased analytics
for social media and website
data.
284
Community: Recycling
Recycling Events
In addition to social media
ads, and paid social media
boosts, print ads were
inserted into The Gem to
promote recycling events to
the community. The city saw
an increase of 20% in
attendance.
Strategic marketing of heavy
radio ads, print ads, social media
paid ads, street pole banners,
and meetings with the various
HOA's, partners, and
stakeholders assisted in the
residents' awareness of the
event. The City has continued to
see positive responses to this
event with minor impacts on the
day of the event.
Marketing of this event included
print ads in The Gem, social
media ads, radio ads, and
promotion through e-blasts.
Attendance of this year's event
increased over the last in-
person event in 2020.
Community: IRONMAN
Awareness of Event
Community:
Community Workshop
Attendance of Event
KPI: Case Study
285
Community:
Concerts in the Park
Awareness of Event
Marketing in collaboration with
Community Resources
(Events) has worked to
promote this event and
manage attendance. Strategic
planning and promotion
through social media only
have assisted in managing
attendance of this event.
As part of the partnership with
Scope Events, the City assists
with Marketing efforts for this
event. The March 2022 event
showcased the strategic
marketing of this event through
early ticket sales. The only
marketing at the time was Palm
Springs Airport Digital Display to
promote a "Save the Date' ad,
along with the website of the
event. This was the only
marketing happening at the time
and led to tickets being
purchased much earlier than in
previous years due to the
placement and platform of this
marketing strategy.
Tourism: La Quinta Art
Celebration
Early Ticket Sales
KPI: Case Study
286
2022/23 Focus Areas
Connect with various community groups
to understand the ways of ingesting
media and bridge the disconnect
Work with local partners and stakeholders
to identify the needs of the community
Create a strategic plan to not only inform
residents but to engage residents
Meet with all departments within City Hall
to create content that is relevant to the
community
The multi-year marketing plan will focus on
community outreach and economic
development and tourism through
partnership and collaboration. The
evolution of the City brand and internal
marketing will continue to be part of the
strategic plan through:
1: Develop a marketing strategy to inform
residents and the community of projects,
events, and happenings in La Quinta
Continue collaboration with the Greater
Coachella Valley Chamber of Commerce to
connect with businesses and address their
needs
Create a master database of business
contact information for frequent e-blasts
from the City
Develop a relationship with the businesses
so that the City becomes a stronger resource
for them
Assist businesses with various education and
development sessions to help them thrive
and maintain their business
Municipal website
Tourism website
COVID-19 Microsite
Local media partners
Social media
E-newsletters
The Gem
2: Building stronger connections with
businesses
3: Continue COVID-19 information and
education to both the community and
businesses through the following:
287
#LoveLQ
Beautiful scenics depict the natural surroundings and
environment of La Quinta while inviting visitors and the
community into the lifestyle of the City. Where adventure
meets peace. Outdoor recreation meets boutique
shopping. Family gatherings meet romantic getaways.
La Quinta, California is the place to escape for everyone,
while those who get the privilege of living here are
reminded daily of the beauty that is around every corner.
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AGREEMENT FOR CONTRACT SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (the “Agreement”) is made
and entered into by and between the CITY OF LA QUINTA, (“City”), a California
municipal corporation, and Madden Media, Arizona Limited Liability Corp,
(“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
marketing services as specified in the “Scope of Services” attached hereto as
“Exhibit A” and incorporated herein by this reference (the “Services”).
Contracting Party represents and warrants that Contracting Party is a provider
of first-class work and/or services and Contracting Party is experienced in
performing the Services contemplated herein and, in light of such status and
experience, Contracting Party covenants that it shall follow industry standards
in performing the Services required hereunder, and that all materials, if any,
will be of good quality, fit for the purpose intended. For purposes of this
Agreement, the phrase “industry standards” shall mean those standards of
practice recognized by one or more first-class firms performing similar
services under similar circumstances.
1.2 Compliance with Law. All Services rendered hereunder shall be
provided in accordance with all ordinances, resolutions, statutes, rules,
regulations, and laws of the City and any Federal, State, or local governmental
agency of competent jurisdiction.
1.3 Wage and Hour Compliance, Contracting Party shall comply with
applicable Federal, State, and local wage and hour laws.
1.4 Licenses, Permits, Fees and Assessments. Except as otherwise
specified herein, Contracting Party shall obtain at its sole cost and expense
such licenses, permits, and approvals as may be required by law for the
performance of the Services required by this Agreement, including a City of
La Quinta business license. Contracting Party and its employees, agents, and
subcontractors shall, at their sole cost and expense, keep in effect at all times
during the term of this Agreement any licenses, permits, and approvals that
are legally required for the performance of the Services required by this
Agreement. Contracting Party shall have the sole obligation to pay for any
fees, assessments, and taxes, plus applicable penalties and interest, which
may be imposed by law and arise from or are necessary for the performance
of the Services required by this Agreement, and shall indemnify, defend (with
counsel selected by City), and hold City, its elected officials, officers,
employees, and agents, free and harmless against any such fees,
ATTACHMENT 2
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assessments, taxes, penalties, or interest levied, assessed, or imposed
against City hereunder. Contracting Party shall be responsible for all
subcontractors’ compliance with this Section.
1.5 Familiarity with Work. By executing this Agreement, Contracting
Party warrants that (a) it has thoroughly investigated and considered the
Services to be performed, (b) it has investigated the site where the Services
are to be performed, if any, and fully acquainted itself with the conditions
there existing, (c) it has carefully considered how the Services should be
performed, and (d) it fully understands the facilities, difficulties, and
restrictions attending performance of the Services under this Agreement.
Should Contracting Party discover any latent or unknown conditions materially
differing from those inherent in the Services or as represented by City,
Contracting Party shall immediately inform City of such fact and shall not
proceed except at Contracting Party’s risk until written instructions are
received from the Contract Officer, or assigned designee (as defined in
Section 4.2 hereof).
1.6 Standard of Care. Contracting Party acknowledges and
understands that the Services contracted for under this Agreement require
specialized skills and abilities and that, consistent with this understanding,
Contracting Party’s work will be held to an industry standard of quality and
workmanship. Consistent with Section 1.5 hereinabove, Contracting Party
represents to City that it holds the necessary skills and abilities to satisfy the
industry standard of quality as set forth in this Agreement. Contracting Party
shall adopt reasonable methods during the life of this Agreement to furnish
continuous protection to the Services performed by Contracting Party, and the
equipment, materials, papers, and other components thereof to prevent losses
or damages, and shall be responsible for all such damages, to persons or
property, until acceptance of the Services by City, except such losses or
damages as may be caused by City’s own negligence. The performance of
Services by Contracting Party shall not relieve Contracting Party from any
obligation to correct any incomplete, inaccurate, or defective work at no
further cost to City, when such inaccuracies are due to the negligence of
Contracting Party.
1.7 Additional Services. In accordance with the terms and conditions
of this Agreement, Contracting Party shall perform services in addition to
those specified in the Scope of Services (“Additional Services”) only when
directed to do so by the Contract Officer, or assigned designee, provided
that Contracting Party shall not be required to perform any Additional Services
without compensation. Contracting Party shall not perform any Additional
Services until receiving prior written authorization (in the form of a written
change order if Contracting Party is a contractor performing the Services) from
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the Contract Officer, or assigned designee, incorporating therein any
adjustment in (i) the Contract Sum, and/or (ii) the time to perform this
Agreement, which said adjustments are subject to the written approval of
Contracting Party. It is expressly understood by Contracting Party that the
provisions of this Section shall not apply to the Services specifically set forth
in the Scope of Services or reasonably contemplated therein. It is specifically
understood and agreed that oral requests and/or approvals of Additional
Services shall be barred and are unenforceable. Failure of Contracting Party
to secure the Contract Officer’s, or assigned designee’s written authorization
for Additional Services shall constitute a waiver of any and all right to
adjustment of the Contract Sum or time to perform this Agreement, whether
by way of compensation, restitution, quantum meruit, or the like, for
Additional Services provided without the appropriate authorization from the
Contract Officer, or assigned designee. Compensation for properly
authorized Additional Services shall be made in accordance with Section 2.3
of this Agreement.
1.8 Special Requirements. Additional terms and conditions of this
Agreement, if any, which are made a part hereof are set forth in “Exhibit D”
(the “Special Requirements”), which is incorporated herein by this reference
and expressly made a part hereof. In the event of a conflict between the
provisions of the Special Requirements and any other provisions of this
Agreement, the provisions of the Special Requirements shall govern.
2. COMPENSATION.
2.1 Contract Sum. For the Services rendered pursuant to this
Agreement, Contracting Party shall be compensated in accordance with
“Exhibit B” (the “Schedule of Compensation”) in a total amount not to exceed
Seven Hundred Twenty-Five Thousand Dollars ($725,000.00) per year for the
life of the Agreement, encompassing the initial and any extended terms. (the
“Contract Sum”), except as provided in Section 1.7. The method of
compensation set forth in the Schedule of Compensation may include a lump
sum payment upon completion, payment in accordance with the percentage
of completion of the Services, payment for time and materials based upon
Contracting Party’s rate schedule, but not exceeding the Contract Sum, or
such other reasonable methods as may be specified in the Schedule of
Compensation. The Contract Sum shall include the attendance of Contracting
Party at all project meetings reasonably deemed necessary by City;
Contracting Party shall not be entitled to any additional compensation for
attending said meetings. Compensation may include reimbursement for
actual and necessary expenditures for reproduction costs, transportation
expense, telephone expense, and similar costs and expenses when and if
specified in the Schedule of Compensation. Regardless of the method of
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compensation set forth in the Schedule of Compensation, Contracting Party’s
overall compensation shall not exceed the Contract Sum, except as provided
in Section 1.7 of this Agreement.
2.2 Method of Billing & Payment. Any month in which Contracting
Party wishes to receive payment, Contracting Party shall submit to City no
later than the tenth (10th) working day of such month, in the form approved
by City’s Finance Director, an invoice for Services rendered prior to the date
of the invoice. Such invoice shall (1) describe in detail the Services provided,
including time and materials, and (2) specify each staff member who has
provided Services and the number of hours assigned to each such staff
member. Such invoice shall contain a certification by a principal member of
Contracting Party specifying that the payment requested is for Services
performed in accordance with the terms of this Agreement. Upon approval in
writing by the Contract Officer, or assigned designee, and subject to
retention pursuant to Section 8.3, City will pay Contracting Party for all items
stated thereon which are approved by City pursuant to this Agreement no
later than thirty (30) days after invoices are received by the City’s Finance
Department.
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
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time period specified in the Schedule of Performance may be approved in
writing by the Contract Officer or assigned designee.
3.3 Force Majeure. The time period specified in the Schedule of
Performance for performance of the Services rendered pursuant to this
Agreement shall be extended because of any delays due to unforeseeable
causes beyond the control and without the fault or negligence of Contracting
Party, including, but not restricted to, acts of God or of the public enemy,
fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes,
freight embargoes, acts of any governmental agency other than City, and
unusually severe weather, if Contracting Party shall within ten (10) days of
the commencement of such delay notify the Contract Officer, or assigned
designee, in writing of the causes of the delay. The Contract Officer, or
assigned designee, shall ascertain the facts and the extent of delay, and
extend the time for performing the Services for the period of the forced delay
when and if in the Contract Officer’s judgment such delay is justified, and the
Contract Officer’s determination, or assigned designee, shall be final and
conclusive upon the parties to this Agreement. Extensions to time period in
the Schedule of Performance which are determined by the Contract Officer, or
assigned designee, to be justified pursuant to this Section shall not entitle
the Contracting Party to additional compensation in excess of the Contract
Sum.
3.4 Term. Unless earlier terminated in accordance with the provisions
in Article 8.0 of this Agreement, the term of this agreement shall commence
on July 1, 2022, and terminate on June 30, 2023 (“Initial Term”). This
Agreement may be extended for four (4) additional year(s) upon mutual
agreement by both parties (“Extended Term”) and executed in writing.
4. COORDINATION OF WORK.
4.1 Representative of Contracting Party. The following principals of
Contracting Party (“Principals”) are hereby designated as being the principals
and representatives of Contracting Party authorized to act in its behalf with
respect to the Services specified herein and make all decisions in connection
therewith:
(a) Sarah Hupp, Chief Operations Officer
Tel No. (520) 232-2670
E-mail: shupp@maddenmedia.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
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Services hereunder. For purposes of this Agreement, the foregoing Principals
may not be changed by Contracting Party and no other personnel may be
assigned to perform the Services required hereunder without the express
written approval of City.
4.2 Contract Officer. The “Contract Officer”, otherwise known as
the Marketing Manager or assigned designee may be designated in writing
by the City Manager of the City. It shall be Contracting Party’s responsibility
to assure that the Contract Officer, or assigned designee, is kept informed
of the progress of the performance of the Services, and Contracting Party shall
refer any decisions, that must be made by City to the Contract Officer or
assigned designee. Unless otherwise specified herein, any approval of City
required hereunder shall mean the approval of the Contract Officer or
assigned designee. The Contract Officer, or assigned designee, shall have
authority to sign all documents on behalf of City required hereunder to carry
out the terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignment. The
experience, knowledge, capability, and reputation of Contracting Party, its
principals, and its employees were a substantial inducement for City to enter
into this Agreement. Except as set forth in this Agreement, Contracting Party
shall not contract or subcontract with any other entity to perform in whole or
in part the Services required hereunder without the express written approval
of City. In addition, neither this Agreement nor any interest herein may be
transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or
by operation of law, without the prior written approval of City. Transfers
restricted hereunder shall include the transfer to any person or group of
persons acting in concert of more than twenty five percent (25%) of the
present ownership and/or control of Contracting Party, taking all transfers into
account on a cumulative basis. Any attempted or purported assignment or
contracting or subcontracting by Contracting Party 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.
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Contracting Party shall not at any time or in any manner represent that it or
any of its agents or employees are agents or employees of City. City shall not
in any way or for any purpose become or be deemed to be a partner of
Contracting Party in its business or otherwise or a joint venture or a member
of any joint enterprise with Contracting Party. Contracting Party shall have
no power to incur any debt, obligation, or liability on behalf of City.
Contracting Party shall not at any time or in any manner represent that it or
any of its agents or employees are agents or employees of City. Except for
the Contract Sum paid to Contracting Party as provided in this Agreement,
City shall not pay salaries, wages, or other compensation to Contracting Party
for performing the Services hereunder for City. City shall not be liable for
compensation or indemnification to Contracting Party for injury or sickness
arising out of performing the Services hereunder. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the
contrary, Contracting Party and any of its employees, agents, and
subcontractors providing services under this Agreement shall not qualify for
or become entitled to any compensation, benefit, or any incident of
employment by City, including but not limited to eligibility to enroll in the
California Public Employees Retirement System (“PERS”) as an employee of
City and entitlement to any contribution to be paid by City for employer
contributions and/or employee contributions for PERS benefits. Contracting
Party agrees to pay all required taxes on amounts paid to Contracting Party
under this Agreement, and to indemnify and hold City harmless from any and
all taxes, assessments, penalties, and interest asserted against City by reason
of the independent contractor relationship created by this Agreement.
Contracting Party shall fully comply with the workers’ compensation laws
regarding Contracting Party and Contracting Party’s employees. Contracting
Party further agrees to indemnify and hold City harmless from any failure of
Contracting Party to comply with applicable workers’ compensation laws. City
shall have the right to offset against the amount of any payment due to
Contracting Party under this Agreement any amount due to City from
Contracting Party as a result of Contracting Party’s failure to promptly pay to
City any reimbursement or indemnification arising under this Section.
4.5 Identity of Persons Performing Work. Contracting Party
represents that it employs or will employ at its own expense all personnel
required for the satisfactory performance of any and all of the Services set
forth herein. Contracting Party represents that the Services required herein
will be performed by Contracting Party or under its direct supervision, and
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.
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4.6 City Cooperation. City shall provide Contracting Party with any
plans, publications, reports, statistics, records, or other data or information
pertinent to the Services to be performed hereunder which are reasonably
available to Contracting Party only from or through action by City.
5. INSURANCE.
5.1 Insurance. Prior to the beginning of any Services under this
Agreement and throughout the duration of the term of this Agreement,
Contracting Party shall procure and maintain, at its sole cost and expense,
and submit concurrently with its execution of this Agreement, policies of
insurance as set forth in “Exhibit E” (the “Insurance Requirements”) which is
incorporated herein by this reference and expressly made a part hereof.
5.2 Proof of Insurance. Contracting Party shall provide Certificate of
Insurance to Agency along with all required endorsements. Certificate of
Insurance and endorsements must be approved by Agency’s Risk Manager
prior to commencement of performance.
6. INDEMNIFICATION.
6.1 Indemnification. To the fullest extent permitted by law,
Contracting Party shall indemnify, protect, defend (with counsel selected by
City), and hold harmless City and any and all of its officers, employees,
agents, and volunteers as set forth in “Exhibit F” (“Indemnification”) which is
incorporated herein by this reference and expressly made a part hereof.
7. RECORDS AND REPORTS.
7.1 Reports. Contracting Party shall periodically prepare and submit
to the Contract Officer, or assigned designee, such reports concerning
Contracting Party’s performance of the Services required by this Agreement
as the Contract Officer, or assigned designee, shall require. Contracting
Party hereby acknowledges that City is greatly concerned about the cost of
the Services to be performed pursuant to this Agreement. For this reason,
Contracting Party agrees that if Contracting Party becomes aware of any facts,
circumstances, techniques, or events that may or will materially increase or
decrease the cost of the Services contemplated herein or, if Contracting Party
is providing design services, the cost of the project being designed,
Contracting Party shall promptly notify the Contract Officer, or assigned
designee, of said fact, circumstance, technique, or event and the estimated
increased or decreased cost related thereto and, if Contracting Party is
providing design services, the estimated increased or decreased cost estimate
for the project being designed.
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7.2 Records. Contracting Party shall keep, and require any
subcontractors to keep, such ledgers, books of accounts, invoices, vouchers,
canceled checks, reports (including but not limited to payroll reports), studies,
or other documents relating to the disbursements charged to City and the
Services performed hereunder (the “Books and Records”), as shall be
necessary to perform the Services required by this Agreement and enable the
Contract Officer, or assigned designee, to evaluate the performance of such
Services. Any and all such Books and Records shall be maintained in
accordance with generally accepted accounting principles and shall be
complete and detailed. The Contract Officer, or assigned designee, shall
have full and free access to such Books and Records at all times during normal
business hours of City, including the right to inspect, copy, audit, and make
records and transcripts from such Books and Records. Such Books and
Records shall be maintained for a period of three (3) years following
completion of the Services hereunder, and City shall have access to such
Books and Records in the event any audit is required. In the event of
dissolution of Contracting Party’s business, custody of the Books and Records
may be given to City, and access shall be provided by Contracting Party’s
successor in interest. Under California Government Code Section 8546.7, if
the amount of public funds expended under this Agreement exceeds Ten
Thousand Dollars ($10,000.00), this Agreement shall be subject to the
examination and audit of the State Auditor, at the request of City or as part
of any audit of City, for a period of three (3) years after final payment under
this Agreement.
7.3 Ownership of Documents. All drawings, specifications, maps,
designs, photographs, studies, surveys, data, notes, computer files, reports,
records, documents, and other materials plans, drawings, estimates, test
data, survey results, models, renderings, and other documents or works of
authorship fixed in any tangible medium of expression, including but not
limited to, physical drawings, digital renderings, or data stored digitally,
magnetically, or in any other medium prepared or caused to be prepared by
Contracting Party, its employees, subcontractors, and agents in the
performance of this Agreement (the “Documents and Materials”) shall be the
property of City and shall be delivered to City upon request of the Contract
Officer, or assigned designee, or upon the expiration or termination of this
Agreement, and Contracting Party shall have no claim for further employment
or additional compensation as a result of the exercise by City of its full rights
of ownership use, reuse, or assignment of the Documents and Materials
hereunder. Any use, reuse or assignment of such completed Documents and
Materials for other projects and/or use of uncompleted documents without
specific written authorization by Contracting Party will be at City’s sole risk
and without liability to Contracting Party, and Contracting Party’s guarantee
and warranties shall not extend to such use, revise, or assignment.
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Contracting Party may retain copies of such Documents and Materials for its
own use. Contracting Party shall have an unrestricted right to use the
concepts embodied therein. All subcontractors shall provide for assignment
to City of any Documents and Materials prepared by them, and in the event
Contracting Party fails to secure such assignment, Contracting Party shall
indemnify City for all damages resulting therefrom.
7.4 In the event City or any person, firm, or corporation authorized
by City reuses said Documents and Materials without written verification or
adaptation by Contracting Party for the specific purpose intended and causes
to be made or makes any changes or alterations in said Documents and
Materials, City hereby releases, discharges, and exonerates Contracting Party
from liability resulting from said change. The provisions of this clause shall
survive the termination or expiration of this Agreement and shall thereafter
remain in full force and effect.
7.5 Licensing of Intellectual Property. This Agreement creates a non-
exclusive and perpetual license for City to copy, use, modify, reuse, or
sublicense any and all copyrights, designs, rights of reproduction, and other
intellectual property embodied in the Documents and Materials. Contracting
Party shall require all subcontractors, if any, to agree in writing that City is
granted a non-exclusive and perpetual license for the Documents and
Materials the subcontractor prepares under this Agreement. Contracting Party
represents and warrants that Contracting Party has the legal right to license
any and all of the Documents and Materials. Contracting Party makes no such
representation and warranty in regard to the Documents and Materials which
were prepared by design professionals other than Contracting Party or
provided to Contracting Party by City. City shall not be limited in any way in
its use of the Documents and Materials at any time, provided that any such
use not within the purposes intended by this Agreement shall be at City’s sole
risk.
7.6 Release of Documents. The Documents and Materials shall not be
released publicly without the prior written approval of the Contract Officer, or
assigned designee, or as required by law. Contracting Party shall not
disclose to any other entity or person any information regarding the activities
of City, except as required by law or as authorized by City.
7.7 Confidential or Personal Identifying Information. Contracting
Party covenants that all City data, data lists, trade secrets, documents with
personal identifying information, documents that are not public records, draft
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
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by law. City shall grant authorization for disclosure if required by any lawful
administrative or legal proceeding, court order, or similar directive with the
force of law. All City data, data lists, trade secrets, documents with personal
identifying information, documents that are not public records, draft
documents, discussions, or other information shall be returned to City upon
the termination or expiration of this Agreement. Contracting Party’s covenant
under this section shall survive the termination or expiration of this
Agreement.
8. ENFORCEMENT OF AGREEMENT.
8.1 California Law. This Agreement shall be interpreted, construed,
and governed both as to validity and to performance of the parties in
accordance with the laws of the State of California. Legal actions concerning
any dispute, claim, or matter arising out of or in relation to this Agreement
shall be instituted in the Superior Court of the County of Riverside, State of
California, or any other appropriate court in such county, and Contracting
Party covenants and agrees to submit to the personal jurisdiction of such court
in the event of such action.
8.2 Disputes. In the event of any dispute arising under this
Agreement, the injured party shall notify the injuring party in writing of its
contentions by submitting a claim therefore. The injured party shall continue
performing its obligations hereunder so long as the injuring party commences
to cure such default within ten (10) days of service of such notice and
completes the cure of such default within forty-five (45) days after service of
the notice, or such longer period as may be permitted by the Contract Officer,
or assigned designee; provided that if the default is an immediate danger to
the health, safety, or general welfare, City may take such immediate action
as City deems warranted. Compliance with the provisions of this Section shall
be a condition precedent to termination of this Agreement for cause and to
any legal action, and such compliance shall not be a waiver of any party’s right
to take legal action in the event that the dispute is not cured, provided that
nothing herein shall limit City’s right to terminate this Agreement without
cause pursuant to this Article 8.0. During the period of time that Contracting
Party is in default, City shall hold all invoices and shall, when the default is
cured, proceed with payment on the invoices. In the alternative, City may, in
its sole discretion, elect to pay some or all of the outstanding invoices during
any period of default.
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.
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8.4 Waiver. No delay or omission in the exercise of any right or
remedy of a non-defaulting party on any default shall impair such right or
remedy or be construed as a waiver. City’s consent or approval of any act by
Contracting Party requiring City’s consent or approval shall not be deemed to
waive or render unnecessary City’s consent to or approval of any subsequent
act of Contracting Party. Any waiver by either party of any default must be in
writing and shall not be a waiver of any other default concerning the same or
any other provision of this Agreement.
8.5 Rights and Remedies are Cumulative. Except with respect to
rights and remedies expressly declared to be exclusive in this Agreement, the
rights and remedies of the parties are cumulative and the exercise by either
party of one or more of such rights or remedies shall not preclude the exercise
by it, at the same or different times, of any other rights or remedies for the
same default or any other default by the other party.
8.6 Legal Action. In addition to any other rights or remedies, either
party may take legal action, at law or at equity, to cure, correct, or remedy
any default, to recover damages for any default, to compel specific
performance of this Agreement, to obtain declaratory or injunctive relief, or
to obtain any other remedy consistent with the purposes of this Agreement.
8.7 Termination Prior To Expiration of Term. This Section shall govern
any termination of this Agreement, except as specifically provided in the
following Section for termination for cause. City reserves the right to
terminate this Agreement at any time, with or without cause, upon thirty
(30) days’ written notice to Contracting Party. Upon receipt of any notice of
termination, Contracting Party shall immediately cease all Services hereunder
except such as may be specifically approved by the Contract Officer, or
assigned designee. Contracting Party shall be entitled to compensation for
all Services rendered prior to receipt of the notice of termination and for any
Services authorized by the Contract Officer, or assigned designee, thereafter
in accordance with the Schedule of Compensation or such as may be approved
by the Contract Officer, or assigned designee, except amounts held as a
retention pursuant to this Agreement.
8.8 Termination for Default of Contracting Party. If termination is due
to the failure of Contracting Party to fulfill its obligations under this Agreement,
Contracting Party shall vacate any City-owned property which Contracting
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
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any payments to Contracting Party for the purpose of setoff or partial payment
of the amounts owed City.
8.9 Attorneys’ Fees. If either party to this Agreement is required to
initiate or defend or made a party to any action or proceeding in any way
connected with this Agreement, the prevailing party in such action or
proceeding, in addition to any other relief which may be granted, whether
legal or equitable, shall be entitled to reasonable attorneys’ fees; provided,
however, that the attorneys’ fees awarded pursuant to this Section shall not
exceed the hourly rate paid by City for legal services multiplied by the
reasonable number of hours spent by the prevailing party in the conduct of
the litigation. Attorneys’ fees shall include attorneys’ fees on any appeal, and
in addition a party entitled to attorneys’ fees shall be entitled to all other
reasonable costs for investigating such action, taking depositions and
discovery, and all other necessary costs the court allows which are incurred in
such litigation. All such fees shall be deemed to have accrued on
commencement of such action and shall be enforceable whether or not such
action is prosecuted to judgment. The court may set such fees in the same
action or in a separate action brought for that purpose.
9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.
9.1 Non-liability of City Officers and Employees. No officer, official,
employee, agent, representative, or volunteer of City shall be personally liable
to Contracting Party, or any successor in interest, in the event or any default
or breach by City or for any amount which may become due to Contracting
Party or to its successor, or for breach of any obligation of the terms of this
Agreement.
9.2 Conflict of Interest. Contracting Party covenants that neither it,
nor any officer or principal of it, has or shall acquire any interest, directly or
indirectly, which would conflict in any manner with the interests of City or
which would in any way hinder Contracting Party’s performance of the
Services under this Agreement. Contracting Party further covenants that in
the performance of this Agreement, no person having any such interest shall
be employed by it as an officer, employee, agent, or subcontractor without
the express written consent of the Contract Officer, or assigned designee.
Contracting Party agrees to at all times avoid conflicts of interest or the
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
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in which he is, directly or indirectly, interested, in violation of any State statute
or regulation. Contracting Party warrants that it has not paid or given and will
not pay or give any third party any money or other consideration for obtaining
this Agreement.
9.3 Covenant against Discrimination. Contracting Party covenants
that, by and for itself, its heirs, executors, assigns, and all persons claiming
under or through them, that there shall be no discrimination against or
segregation of, any person or group of persons on account of any
impermissible classification including, but not limited to, race, color, creed,
religion, sex, marital status, sexual orientation, national origin, or ancestry in
the performance of this Agreement. Contracting Party shall take affirmative
action to ensure that applicants are employed and that employees are treated
during employment without regard to their race, color, creed, religion, sex,
marital status, sexual orientation, national origin, or ancestry.
10. MISCELLANEOUS PROVISIONS.
10.1 Notice. Any notice, demand, request, consent, approval, or
communication either party desires or is required to give the other party or
any other person shall be in writing and either served personally or sent by
prepaid, first-class mail to the address set forth below. Either party may
change its address by notifying the other party of the change of address in
writing. Notice shall be deemed communicated forty-eight (48) hours from
the time of mailing if mailed as provided in this Section.
To City:
CITY OF LA QUINTA
Attention: Marcie Graham
78495 Calle Tampico
La Quinta, California 92253
To Contracting Party:
MADDEN MEDIA
SARAH HUPP, CEO
345 EAST TOOLE AVE.
TUCSON, AZ, 85701
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.
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10.5 Integrated Agreement. This Agreement including the exhibits
hereto is the entire, complete, and exclusive expression of the understanding
of the parties. It is understood that there are no oral agreements between
the parties hereto affecting this Agreement and this Agreement supersedes
and cancels any and all previous negotiations, arrangements, agreements,
and understandings, if any, between the parties, and none shall be used to
interpret this Agreement.
10.6 Amendment. No amendment to or modification of this Agreement
shall be valid unless made in writing and approved by Contracting Party and
by the City Council of City. The parties agree that this requirement for written
modifications cannot be waived and that any attempted waiver shall be void.
10.7 Severability. In the event that any one or more of the articles,
phrases, sentences, clauses, paragraphs, or sections contained in this
Agreement shall be declared invalid or unenforceable, such invalidity or
unenforceability shall not affect any of the remaining articles, phrases,
sentences, clauses, paragraphs, or sections of this Agreement which are
hereby declared as severable and shall be interpreted to carry out the intent
of the parties hereunder unless the invalid provision is so material that its
invalidity deprives either party of the basic benefit of their bargain or renders
this Agreement meaningless.
10.8 Unfair Business Practices Claims. In entering into this Agreement,
Contracting Party offers and agrees to assign to City all rights, title, and
interest in and to all causes of action it may have under Section 4 of the
Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2,
(commencing with Section 16700) of Part 2 of Division 7 of the Business and
Professions Code), arising from purchases of goods, services, or materials
related to this Agreement. This assignment shall be made and become
effective at the time City renders final payment to Contracting Party without
further acknowledgment of the parties.
10.9 No Third-Party Beneficiaries. With the exception of the specific
provisions set forth in this Agreement, there are no intended third-party
beneficiaries under this Agreement and no such other third parties shall have
any rights or obligations hereunder.
10.10 Authority. The persons executing this Agreement on behalf of
each of the parties hereto represent and warrant that (i) such party is duly
organized and existing, (ii) they are duly authorized to execute and deliver
this Agreement on behalf of said party, (iii) by so executing this Agreement,
such party is formally bound to the provisions of this Agreement, and (iv) that
entering into this Agreement does not violate any provision of any other
Agreement to which said party is bound. This Agreement shall be binding
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upon the heirs, executors, administrators, successors, and assigns of the
parties.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties have executed this Agreement as of
the dates stated below.
CITY OF LA QUINTA,
a California Municipal Corporation
JON McMILLEN, City Manager
City of La Quinta, California
Dated:
CONTRACTING PARTY:
By:
Name:
Title:
ATTEST:
MONIKA RADEVA, City Clerk
City of La Quinta, California
By:
Name:
Title:
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
305
Exhibit A
Page 1 of 5 Last revised summer 2017
Exhibit A
Scope of Services
Media Plan Fiscal Year 2022/23
Community Engagement
o Social Media Ads
o Google Video Distribution
o Local Influencer Campaign
o Geofencing
o Experiential/Brand Activation Pop-Ups
o Electronic Newsletter
Economic Development
o Google SEM
o Google Video Distribution
o Electronic Newsletter/Video Business Spotlight
o Website updates
Local Media
o Print
o Radio
o Out of Home
o Digital
Public Relations
Graphic Design
Creative Concept/Content Development
Brand Enhancement
Website Hosting & Maintenance
Search Engine Optimization
Social Media Management
Contingency (As needed)
306
Exhibit A
Page 2 of 5
ADDENDUM TO AGREEMENT
Re: Scope of Services
If the Scope of Services include construction, alteration, demolition,
installation, repair, or maintenance affecting real property or structures or
improvements of any kind appurtenant to real property, the following apply:
1. Prevailing Wage Compliance. If Contracting Party is a contractor
performing public works and maintenance projects, as described in this
Section 1.3, Contracting Party shall comply with applicable Federal, State, and
local laws. Contracting Party is aware of the requirements of California Labor
Code Sections 1720, et seq., and 1770, et seq., as well as California Code of
Regulations, Title 8, Sections 16000, et seq., (collectively, the “Prevailing
Wage Laws”), and La Quinta Municipal Code Section 3.12.040, which require
the payment of prevailing wage rates and the performance of other
requirements on “Public works” and “Maintenance” projects. If the Services
are being performed as part of an applicable “Public works” or “Maintenance”
project, as defined by the Prevailing Wage Laws, and if construction work over
twenty-five thousand dollars ($25,000.00) and/or alterations, demolition,
repair or maintenance work over fifteen thousand dollars ($15,000.00) is
entered into or extended on or after January 1, 2015 by this Agreement,
Contracting Party agrees to fully comply with such Prevailing Wage Laws
including, but not limited to, requirements related to the maintenance of
payroll records and the employment of apprentices. Pursuant to California
Labor Code Section 1725.5, no contractor or subcontractor may be awarded
a contract for public work on a “Public works” project unless registered with
the California Department of Industrial Relations (“DIR”) at the time the
contract is awarded. If the Services are being performed as part of an
applicable “Public works” or “Maintenance” project, as defined by the
Prevailing Wage Laws, this project is subject to compliance monitoring and
enforcement by the DIR. Contracting Party will maintain and will require all
subcontractors to maintain valid and current DIR Public Works contractor
registration during the term of this Agreement. Contracting Party shall notify
City in writing immediately, and in no case more than twenty-four (24) hours,
after receiving any information that Contracting Party’s or any of its
subcontractor’s DIR registration status has been suspended, revoked, expired,
or otherwise changed. It is understood that it is the responsibility of
Contracting Party to determine the correct salary scale. Contracting Party
shall make copies of the prevailing rates of per diem wages for each craft,
classification, or type of worker needed to execute the Services available to
interested parties upon request, and shall post copies at Contracting Party’s
principal place of business and at the project site, if any. The statutory
penalties for failure to pay prevailing wage or to comply with State wage and
hour laws will be enforced. Contracting Party must forfeit to City TWENTY-
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Exhibit A
Page 3 of 5
FIVE DOLLARS ($25.00) per day for each worker who works in excess of the
minimum working hours when Contracting Party does not pay overtime. In
accordance with the provisions of Labor Code Sections 1810 et seq., eight
(8) hours is the legal working day. Contracting Party also shall comply with
State law requirements to maintain payroll records and shall provide for
certified records and inspection of records as required by California Labor Code
Section 1770 et seq., including Section 1776. In addition to the other
indemnities provided under this Agreement, Contracting Party shall defend
(with counsel selected by City), indemnify, and hold City, its elected officials,
officers, employees, and agents free and harmless from any claim or liability
arising out of any failure or alleged failure to comply with the Prevailing Wage
Laws. It is agreed by the parties that, in connection with performance of the
Services, including, without limitation, any and all “Public works” (as defined
by the Prevailing Wage Laws), Contracting Party shall bear all risks of payment
or non-payment of prevailing wages under California law and/or the
implementation of Labor Code Section 1781, as the same may be amended
from time to time, and/or any other similar law. Contracting Party
acknowledges and agrees that it shall be independently responsible for
reviewing the applicable laws and regulations and effectuating compliance
with such laws. Contracting Party shall require the same of all subcontractors.
2. Retention. Payments shall be made in accordance with the
provisions of Article 2.0 of the Agreement. In accordance with said Sections,
City shall pay Contracting Party a sum based upon ninety-five percent (95%)
of the Contract Sum apportionment of the labor and materials incorporated
into the Services under this Agreement during the month covered by said
invoice. The remaining five percent (5%) thereof shall be retained as
performance security to be paid to Contracting Party within sixty (60) days
after final acceptance of the Services by the City Council of City, after
Contracting Party has furnished City with a full release of all undisputed
payments under this Agreement, if required by City. In the event there are
any claims specifically excluded by Contracting Party from the operation of the
release, City may retain proceeds (per Public Contract Code § 7107) of up to
one hundred fifty percent (150%) of the amount in dispute. City’s failure to
deduct or withhold shall not affect Contracting Party’s obligations under the
Agreement.
3. Utility Relocation. City is responsible for removal, relocation, or
protection of existing main or trunk-line utilities to the extent such utilities
were not identified in the invitation for bids or specifications. City shall
reimburse Contracting Party for any costs incurred in locating, repairing
damage not caused by Contracting Party, and removing or relocating such
unidentified utility facilities. Contracting Party shall not be assessed liquidated
308
Exhibit A
Page 4 of 5
damages for delay arising from the removal or relocation of such unidentified
utility facilities.
4. Trenches or Excavations. Pursuant to California Public Contract
Code Section 7104, in the event the work included in this Agreement requires
excavations more than four (4) feet in depth, the following shall apply:
(a) Contracting Party shall promptly, and before the following
conditions are disturbed, notify City, in writing, of any: (1) material that
Contracting Party believes may be material that is hazardous waste, as
defined in Section 25117 of the Health and Safety Code, that is required to be
removed to a Class I, Class II, or Class III disposal site in accordance with
provisions of existing law; (2) subsurface or latent physical conditions at the
site different from those indicated by information about the site made
available to bidders prior to the deadline for submitting bids; or (3) unknown
physical conditions at the site of any unusual nature, different materially from
those ordinarily encountered and generally recognized as inherent in work of
the character provided for in the Agreement.
(b) City shall promptly investigate the conditions, and if it finds
that the conditions do materially so differ, or do involve hazardous waste, and
cause a decrease or increase in Contracting Party’s cost of, or the time
required for, performance of any part of the work shall issue a change order
per Section 1.8 of the Agreement.
(c) in the event that a dispute arises between City and
Contracting Party whether the conditions materially differ, or involve
hazardous waste, or cause a decrease or increase in Contracting Party’s cost
of, or time required for, performance of any part of the work, Contracting
Party shall not be excused from any scheduled completion date provided for
by this Agreement, but shall proceed with all work to be performed under this
Agreement. Contracting Party shall retain any and all rights provided either
by contract or by law which pertain to the resolution of disputes and protests
between the contracting Parties.
5. Safety. Contracting Party shall execute and maintain its work so
as to avoid injury or damage to any person or property. In carrying out the
Services, Contracting Party shall at all times be in compliance with all
applicable local, state, and federal laws, rules and regulations, and shall
exercise all necessary precautions for the safety of employees appropriate to
the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be
limited to: (A) adequate life protection and lifesaving equipment and
procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders,
309
Exhibit A
Page 5 of 5
bridges, gang planks, confined space procedures, trenching and shoring,
equipment and other safety devices, equipment and wearing apparel as are
necessary or lawfully required to prevent accidents or injuries; and
(C) adequate facilities for the proper inspection and maintenance of all safety
measures.
6. Liquidated Damages. Since the determination of actual damages
for any delay in performance of the Agreement would be extremely difficult or
impractical to determine in the event of a breach of this Agreement,
Contracting Party shall be liable for and shall pay to City the sum of One
Thousand dollars ($1,000.00) as liquidated damages for each working day of
delay in the performance of any of the Services required hereunder, as
specified in the Schedule of Performance. In addition, liquidated damages
may be assessed for failure to comply with the emergency call out
requirements, if any, described in the Scope of Services. City may withhold
from any moneys payable on account of the Services performed by
Contracting Party any accrued liquidated damages.
310
Exhibit B
Page 1 of 2
Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services*, provided for
in Section 2.3 of this Agreement, the maximum total compensation to be paid
to Contracting Party under this Agreement is not to exceed Seven Hundred
Twenty-Five Thousand Dollars ($ 725,000) (“Contract Sum”). The Contract
Sum shall be paid to Contracting Party in installment payments made on a
monthly basis and in an amount identified in Contracting Party’s schedule of
compensation attached hereto for the work tasks performed and properly
invoiced by Contracting Party in conformance with Section 2.2 of this
Agreement.
*Blended hourly rate of $135/hr for all disciplines and departments
311
312
Exhibit C
Page 1 of 1
Exhibit C
Schedule of Performance
Contracting Party shall complete all services identified in the Scope of
Services, Exhibit A of this Agreement, in accordance with the Project
Schedule, attached hereto and incorporated herein by this reference.
313
Exhibit D
Page 1 of 1
Exhibit D
Special Requirements
NONE
314
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)
Auto Liability Additional Insured
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
315
Exhibit E
Page 2 of 7
Commercial General Liability policy only) must be submitted concurrently with
the execution of this Agreement and approved by City prior to commencement
of the services hereunder.
Contracting Party shall carry automobile liability insurance of
$1,000,000 per accident against all claims for injuries against persons or
damages to property arising out of the use of any automobile by Contracting
Party, its officers, any person directly or indirectly employed by Contracting
Party, any subcontractor or agent, or anyone for whose acts any of them may
be liable, arising directly or indirectly out of or related to Contracting Party’s
performance under this Agreement. If Contracting Party or Contracting
Party’s employees will use personal autos in any way on this project,
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,
316
Exhibit E
Page 3 of 7
access to, or tampering with computer systems.
c. Liability arising from the failure of technology products
(software) required under the contract for Consultant to
properly perform the services intended.
d. Electronic Media Liability arising from personal injury, plagiarism
or misappropriation of ideas, domain name infringement or
improper deep-linking or framing, and infringement or violation
of intellectual property rights.
e. Liability arising from the failure to render professional services.
If coverage is maintained on a claims-made basis, Contracting Party shall
maintain such coverage for an additional period of three (3) years following
termination of the contract.
Contracting Party shall provide written notice to City within ten
(10) working days if: (1) any of the required insurance policies is terminated;
(2) the limits of any of the 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
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Exhibit E
Page 4 of 7
remedies for Contracting Party’s failure to maintain or secure appropriate
policies or endorsements. Nothing herein contained shall be construed as
limiting in any way the extent to which Contracting Party may be held
responsible for payments of damages to persons or property resulting from
Contracting Party’s or its subcontractors’ performance of work under this
Agreement.
E.3 General Conditions Pertaining to Provisions of Insurance Coverage
by Contracting Party. Contracting Party and City agree to the following with
respect to insurance provided by Contracting Party:
1. Contracting Party agrees to have its insurer endorse the third
party general liability coverage required herein to include as additional
insureds City, its officials, employees, and agents, using standard ISO
endorsement No. CG 2010 with an edition prior to 1992. Contracting Party
also agrees to require all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this
Agreement shall prohibit Contracting Party, or Contracting Party’s employees,
or agents, from waiving the right of subrogation prior to a loss. Contracting
Party agrees to waive subrogation rights against City regardless of the
applicability of any insurance proceeds, and to require all contractors and
subcontractors to do likewise.
3. All insurance coverage and limits provided by Contracting Party
and available or applicable to this Agreement are intended to apply to the full
extent of the policies. Nothing contained in this Agreement or any other
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.
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Exhibit E
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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,
319
Exhibit E
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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.
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Exhibit E
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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.
321
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
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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
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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.
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City of La Quinta
CITY COUNCIL MEETING: June 21, 2022
STAFF REPORT
AGENDA TITLE: APPROVE MEMORANDUM OF UNDERSTANDING WITH
GREATER COACHELLA VALLEY CHAMBER OF COMMERCE
RECOMMENDATION
Approve a Memorandum of Understanding with the Greater Coachella Valley
Chamber of Commerce; and authorize the City Manager to execute the
document.
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) (Attachment 1)
the City would assist in funding State of the City, Hot Rod & Custom Car
Show, and business engagement for approximately $33,000.
•The Gem will be distributed monthly to residents and businesses in La
Quinta with a $92,000 budget for 6 pages of exclusive City content and 2
pages of educational material related to Senate Bill 1383 (California’s
Short-Lived Climate Pollutant Reduction) regulations for a total of 8
pages.
FISCAL IMPACT
The 2022/23 Budget would allocate $102,000 for Chamber services in
the Marketing & Tourism account (101-3007-60461) and $23,000 from AB
939 account (221-0000-60127) for a total of $125,000. This is a $29,800
increase from the 2021/22 MOU.
BUSINESS SESSION ITEM NO. 4
325
BACKGROUND/ANALYSIS
The MOU would be managed by the City Manager’s office. The scope of work
includes:
1. The Gem Newsletter
a. Monthly Community newsletter circulated by mail to approximately
23,000 residences and businesses within La Quinta and includes
digital format and distribution (i.e. email blasts, social media)
b. City reserves the option to purchase ad space with exclusive
pricing that includes:
i. Six (6) full pages of content, twelve (12) months
ii. Two (2) full pages of recycling content, twelve (12)
months
iii. Layout and design for all content
2. State of the City
a. Presentation by Mayor and Council of city progress and on-
going development efforts
b. Mayor and Council present business awards as determined by a
process agreed to by both parties.
c. GCVCC would stage this annual event; City staff would design
and approve format and content
3. 15th Annual Hot Rod & Custom Car Show Sponsorship
a. Community Event: annual car show at La Quinta Community
Park.
i. Projected event parameters include:
a. 80-150 vehicle entries;
b. 8-25 food/retail vendors and alcohol sales;
c. Live entertainment during the event; and
d. La Quinta auto dealership inclusion.
b. City Title Sponsorship, which includes: event materials branding
(both print and digital), press release inclusion, and drive market
promotion (in San Diego and Orange Counties)
4. Business Development
a. Business Outreach/Services
i. Ombudsman-like Services
ii. Strategic Advertising/Public Relations
iii. Regional Investment
iv. Workforce and Business Development
v. Data Collection of City’s Businesses
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ALTERNATIVES
Council may choose to make modifications to the scope and/or funding levels.
Prepared by: Marcie Graham, Marketing Manager
Approved by: Gil Villalpando, Director
Attachment: 1. Memorandum of Understanding with the Greater Coachella
Valley Chamber of Commerce
327
328
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF LA QUINTA AND
GREATER COACHELLA VALLEY CHAMBER OF COMMERCE
This Memorandum of Understanding (“MOU”) is made by and between the CITY OF LA
QUINTA, a California municipal corporation (“CITY”), and GREATER COACHELLA VALLEY CHAMBER
OF COMMERCE (“CHAMBER” and, along with CITY, sometimes referred to as the
“parties”), with respect to the following:
RECITALS
WHEREAS, the CITY, in strategically advancing its interests, requires certain
professional promotional services rendered in coordination with the local business
community and
WHEREAS, the CHAMBER is qualified by virtue of experience, training, education,
product offering, and expertise to provide these services, and has agreed to provide same as
reflected herein;
NOW, THEREFORE, CITY and CHAMBER agree to the following:
1.0 TERM OF MEMORANDUM.
1.1 All Recitals set out above are true and correct.
1.2 This MOU is to remain in effect for 1 (one) year following its execution by the
parties. This MOU may be terminated at any time by any of the parties to the MOU with
a 30 (thirty) day written notice to the remaining party.
2.0 OBLIGATIONS OF THE CHAMBER.
2.1 The CHAMBER will provide the services listed on Exhibit A attached and
incorporated
(“CHAMBER obligations”).
2.2. Notwithstanding any other provisions in this MOU, the CHAMBER shall not use,
nor may the CHAMBER authorize the use of, any funds or other subsidy (of whatever
kind) provided by the CITY pursuant to this MOU or any other agreement with the CITY,
including but not limited to any funds or other subsidies provided by the CITY for the
“CHAMBER obligations” listed in Exhibits A and “CITY obligations” listed in Exhibit B,
to advocate to any person or entity (of whatever organization whatsoever, including
but not limited to, sole proprietors, unincorporated associations, limited liability
companies, corporations, businesses and public agencies) a position or vote either in favor
of or against any measure placed on the ballot for the November 8, 2020 General
Election, including but not limited to the measure placed on the ballot by the La Quinta
City Council asking the City’s electorate to vote on a proposed 1% transactions and use
(“sales”) tax rate increase. It is expressly understood and agreed by the CHAMBER that,
pursuant to California law, public resources may not be used to advocate or “mount a 329
campaign” in favor of or against any ballot measure.
2.3 If the CHAMBER uses or is alleged to have used, or authorizes the use of or allegedly
authorizes the use of, any funds or any other subsidy (of whatever kind) provided by the
CITY in violation of Section 2.2 above, the CHAMBER shall: (a) Immediately cease and
desist from continuing the violation or alleged violation of Section 2.2 above, (b)
Immediately use other funds or subsidies that are not provided by the CITY to pay for
or otherwise subsidize the services rendered that are, were, or alleged to have been in
violation of Section 2.2 above, (c) Immediately, without reservation or rights or delay,
return to the CITY any and all funds and other subsidies provided by the CITY for the
services rendered that are, were, or alleged to have been in violation of Section 2.2
above, and (d) Refrain from performing under this MOU, including but not limited to
refraining from performing the “CHAMBER obligations” listed in Exhibits A, unless and
until the CHAMBER complies with this Section 2.3 and the CITY authorizes in writing the
continuance of performance under this MOU. The CITY shall have no obligation to
provide any funds or other subsidies (of whatever kind) under this MOU or any other
agreement with the CITY unless and until any violation or alleged violation of Section 2.2
above has been cured as determined by the CITY in its reasonable discretion. The CITY shall
have all rights and remedies available at law or in equity, including but not limited to
declaratory and injunctive relief, as well as the rights available under this MOU,
including but not limited to the indemnity provided in Section 4.0 below, to enforce
the provisions herein. In addition to the other provisions in this MOU, this Section and
Section 2.2 shall survive the termination or expiration of this MOU.
3.0 OBLIGATIONS OF CITY. CITY will provide the services listed on Exhibit B
attached and incorporated (“CITY obligations”).
4.0 MUTUAL INDEMNITY AND RELEASE. The CITY and CHAMBER each hereby agree to
indemnify, defend, and hold harmless the other party and its officers, employees,
agents, and authorized volunteers (collectively, “Indemnitees”) from and against any
and all claims, causes of action, obligations, losses, liabilities, judgments, or damages,
including reasonable attorneys’ fees and costs of litigation (collectively “Claims”) arising
out of and/or in any way relating to the indemnifying party’s activities in the
performance of this MOU, or to the indemnifying party’s acts and/or omissions in
providing or administering the same, excepting only those Claims arising out of the sole
negligence or willful misconduct of the Indemnitees. This MOU is not intended to and
specifically does not create joint and several liability.
5.0 INSURANCE. The parties agree to provide insurance in accordance with the
provisions of this Section.
5.1 CITY’S Insurance Obligation. Without limiting the indemnification provisions
provided herein, CITY, at its sole expense, shall obtain and keep in force during the term
of this MOU and any extensions thereof, a policy or policies of general liability insurance,
or equivalent thereof, covering all injuries to persons and damage to property resulting
from any actions or omissions of the CITY in accordance with the terms of this MOU. Such
policy or policies shall be issued by an insurance company licensed to do business in the
State of California and be rated A-/VIII or better by ambest.com. At the CITY’s option,
330
CITY shall be allowed to self-insure the insurance coverage as required above.
5.2 CHAMBER’S Insurance Obligation. Without limiting the indemnification provisions
provided herein, CHAMBER, at its sole expense, shall obtain and keep in force during the
term of this MOU and any extensions thereof, a policy or policies of general liability
insurance covering all injuries to persons and damage to property resulting from any
actions or omissions of CHAMBER in accordance with the terms of this MOU. The policy or
policies evidencing such insurance shall be endorsed to name the CITY, its officials, officers,
employees, and agents as additional insured, shall provide that same may not be
cancelled or amended without thirty (30) days prior notice to CITY, and shall provide
for a combined single limit coverage of bodily injury and property damage in the
amount of not less than One Million Dollars ($1,000,000). Such policy or policies shall
be issued by an insurance company licensed to do business in the State of California
and be rated A-/VIII or better by ambest.com. Prior to the Commencement Date of
this MOU, and upon renewal of such policies, CHAMBER shall submit to CITY certificates of
insurance and any applicable endorsements evidencing that the foregoing policy or
policies are in effect.
a.0 ADDITIONAL PROVISIONS.
a.1 In all cases, the language in all parts of this MOU shall be construed according to its
fair meaning and not strictly for or against either party, if being agreed that the parties
or their agents have all participated in the preparation of this MOU.
a.2 This MOU contains the entire agreement of the parties with respect to the
subject matters identified in this MOU and supersedes any prior oral or written
statements or agreements between the parties with respect to the subject matters
identified in this MOU.
a.3 No termination or expiration of this MOU shall release either party from any
liability or obligation hereunder resulting from any acts, omissions or events happening
prior to the termination or expiration of this MOU.
a.4 In the event either party brings any suit or other proceeding with respect to the
subject matter or enforcement of this MOU, the prevailing party (as determined by
California law) shall, in addition to such other relief as may be awarded, be entitled to
recover reasonable attorneys’ fees, expenses and costs of suit or investigation as
actually incurred (including, without limitation, reasonable attorneys’ fees, expenses,
and costs incurred in establishing the right to indemnification).
a.5 No waiver of any term or condition of this MOU shall be a continuing waiver thereof.
a.6 This MOU is not intended to and does not create any partnership or joint venture
between the parties, and each party remains an independent contractor as to the other.
Each party shall bear its own liability and there is no joint and several liability as a result
of this MOU.
[signature on following page]
331
IN WITNESS WHEREOF, CITY and CHAMBER have executed this MOU as
evidenced by the signatures contained below:
CITY OF LA QUINTA: GREATER COACHELLA
VALLEY CHAMBER OF
COMMERCE:
By: By:
Jon McMillen Emily Falappino
City Manager President
Dated: Dated:
ATTEST: ATTEST:
By: By:
Monika
Radeva
City Clerk
Print Name & Title:
APPROVED AS TO FORM: APPROVED AS TO
FORM AND CONTENT:
By: By:
William H. Ihrke Print Name & Title:
City Attorney
332
EXHIBIT “A”
Obligations of CHAMBER
1.The Gem Newsletter
a.Community Newsletter with circulation by mail of approximately 23,000
residences and businesses within La Quinta with a monthly frequency and
includes digital format and distribution (i.e. email blasts, social media)
b.City reserves the option to purchase ad space with exclusive pricing that
includes:
i.Six (6) full pages of content, twelve (12) months
ii.Two (2) full pages of recycling content, twelve (12) months
iii.Layout and design for all content
2.State of the City
a.Presentation by Mayor and Council of city progress and on-going
development efforts.
b.Mayor and Council will also present business awards as determined by a
process agreed to by both parties.
c.GCVCC would stage this annual event; city staff would design and
approve format and content
3.15th Annual Hot Rod & Custom Car Show Sponsorship
a.Community Event: annual car show at La Quinta Community Park.
i.Projected event parameters include:
a.80-150 vehicle entries;
b.8-25 food/retail vendors and alcohol sales;
c.Live entertainment during the event; and
d.La Quinta auto dealership inclusion.
b.City Title Sponsorship, which includes: event materials branding (both print
and digital), press release inclusion, and drive market promotion (in San Diego
and Orange Counties)
4.Business Development
a.Business Outreach/Services
i.Ombudsman-like Services
ii.Strategic Advertising/PR
iii.Regional Investment
iv.Workforce and Business Development
v.Data Collection of City’s Businesses
Grand Total: $125,000
CHAMBER shall submit monthly invoices to CITY. Such invoices shall be reviewed
by a principal member of CHAMBER specifying that the payment requested is for
work performed in accordance with the terms of this MOU. CITY will pay CHAMBER
for all expenses stated thereon which are approved by CITY and in accordance with
this MOU no later than thirty (30) days after invoices are received by the CITY.
333
334
City of La Quinta
CITY COUNCIL MEETING: June 21, 2022
STAFF REPORT
AGENDA TITLE: APPROVE SILVERROCK RESORT 2022/23 ANNUAL PLAN
RECOMMENDATION
Approve the SilverRock Resort 2022/23 Annual Plan.
EXECUTIVE SUMMARY
Landmark Golf Management LLC (Landmark) manages the SilverRock
Resort golf course and is required to provide an annual operations plan
for Council’s review and approval.
The SilverRock 2022/23 Annual Plan (Plan) (Attachment 1) reflects the
projected number of rounds, revenues, and operation costs.
The golf operations are projected to have a net loss of $455,000 due to
several factors including increased operational expenses and continued
on-site construction.
FISCAL IMPACT
The General Fund is projected to underwrite $600,000 of the overall 2022/23
SilverRock expenses. The projected golf operations expenses (not including
City staff golf course and non-golf course management/oversight costs) are
$4,986,723 and projected golf operations revenue is $4,532,424 for a net loss
of $454,299. The City will also fund $130,000 for golf course and non-golf
course management/oversight by City staff. All revenue and expenses will be
included in the proposed 2022/23 City Budget.
SilverRock Golf Course
Operations Revenue $4,532,424
Operations Budget -$4,986,723
Net Revenue ($454,299)
SilverRock Property Management/Oversight
General Fund Advance 600,000
City Management/Oversight -130,000
Golf Course Net Revenue -454,299
Final Surplus/(Deficit) 15,701
BUSINESS SESSION ITEM NO. 5
335
BACKGROUND/ANALYSIS
In July 2013, the City entered into a Golf Course Management Agreement
(Agreement) with Landmark. The Agreement requires an annual plan for golf
operations. The Plan provides projected annual revenues and expenses,
department costs, staffing and service levels. The Plan forecasts continuing the
food service from the Ahmanson House and continuing the pro-shop from the
temporary club house until the permanent club house opens.
Additional assumptions include:
41,996 rounds of play; the average projected revenue is $97.63 per
round, based on the total revenue (less food and beverage) divided by
the total rounds. The average green fee is $89.18 The difference
between revenue per round and the average green fee is the additional
revenue generated from merchandise sales, and revenue from the driving
range, including lessons. Revenue from the food and beverage
operations is not included;
Minimum wage increases to $15.50 per hour are effective January 1,
2023;
Resuming the 2% annual contribution of approximately $62,000 to the
capital reserve as contained in Amendment 2 of the Agreement. The
current balance of the capital reserve is $525,200;
Increasing the management fee by 5% to $124,488.
The proposed advertising budget is $151,133 and is included in the Marketing
Department expenses ($192,267) on page 18 of the Annual Plan. SilverRock
will continue to be promoted as a premier golf destination, especially during
hotel construction, via the internet, newspapers, magazines, directories,
television, and radio.
ALTERNATIVES
Council may direct staff to make modifications to the Annual Plan.
Prepared by: Bryan McKinney, P.E., Public Works Director/City Engineer
Approved by: Jon McMillen, City Manager
Attachment: 1. SilverRock Resort 2022/23 Annual Plan
336
SilverRock Resort-Arnold Palmer Classic Course
2022-2023 ANNUAL PLAN
Prepared For:
City of La Quinta
SilverRock Resort
Prepared By:
Landmark Golf Management
Submitted:
June 14, 2022
ATTACHMENT 1
337
SILVERROCK RESORT
Annual Plan
Fiscal Year 2022-2023
Table of Contents
Part I-Project Overview
Project Fact Sheet 1
Mission Statement 2
Philosophy Statement 3
Organizational Chart 4
Key Employee Staffing 5
Part II-Assumptions
2022-2023 Assumptions 6, 7, 8, 9
Part III-Operational Financial Projections
2022-2023 Consolidated Income Statement 10
Part IV-Department Detail
Golf Rounds and Revenue 11
Golf Shop / Merchandise 12
Carts, Bagroom & Range 13
Course Services 14
Golf Course Maintenance 15, 16
General & Administrative 17
Marketing 18
Clubhouse 19
Miscellaneous 20
Part V-Food and Beverage
Department Detail 21
Part VI-Other
Marketing Narrative Plan 22, 23
338
COURSE NAME SilverRock Resort-Arnold Palmer Classic Course
ADDRESS
TELEPHONE
WEBSITE
MANAGEMENT
79-179 Ahmanson Lane, La Quinta, Ca. 92253
1-888-600-7272
1-760-777-8884
WWW.SILVERROCK.ORG
Randy Duncan, PGA, Director of Golf / General Manager
Chris Hoyer, Golf Course Superintendent
COURSE YARDAGE SILVER 7,239 PAR 72
GOLD 6,809 PAR 72
BLUE 6,313 PAR 72
WHITE 5,669 PAR 72
GREEN 5,089 PAR 72
RED 4,542 PAR 72
GRASS TYPES GREENS:TIF DWARF
FAIRWAY / TEES:TIF SPORT / 419
ROUGHS:TIF SPORT / 419
OWNER CITY OF LA QUINTA
MANAGED BY LANDMARK GOLF MANAGEMENT, LLC
74-947 HIGHWAY 111, SUITE 215
INDIAN WELLS, CA 92210
PHONE: (760) 776-6688
DATE COURSE OPENED February 14, 2005
PROJECT FACT SHEET
6/15/2022 1 339
SILVERROCK RESORT
Annual Plan
Fiscal Year 2022-2023
Mission Statement
“TO BE THE BEST”
“TO HAVE THE BEST GOLF FACILITIES”
“TO HAVE THE BEST GOLF COURSE CONDITIONS”
“TO PROVIDE THE BEST SERVICE”
SilverRock Resort is dedicated to providing the finest public golf
experience. All Staff Members of the facility play an important role
in our Mission. Staff is supported through training and resources to
ensure success. SilverRock Resort aspires to represent ownership and
management with the highest standard of service in the Golf/Resort
Industry and produce superior golf course conditions to meet and
exceed the goals.
Goals and Objectives: To support our Mission Statement and to
achieve the projected Annual Plan; SilverRock Resort will pursue the
following goals and objectives:
•To hire and train staff members that will provide a high standard
of guest services and maintain the highest level of course
conditions
•To maintain and pursue an aggressive Marketing Plan that
benefits/acknowledges the La Quinta Residents, local residents,
avid tourist golfers and golfing public
•To have each Department operate within their annual budget
allowing SilverRock Resort to reach the net operating goals
6/15/2022 2 340
SILVERROCK RESORT
Annual Plan
Fiscal Year 2022-2023
PHILOSOPHY STATEMENT
After seventeen and a half years of operations, an Annual Plan
accommodated the operational start-up through and including
grow-in, final construction of the Arnold Palmer Classic Course, a
notable Grand Opening Celebration and four successful years as
one of the home courses of the Bob Hope Classic. As the 2022-2023
Annual Plan is implemented, focus will continue to be on
broadening the awareness, marketability and noteworthiness of
SilverRock Resort’s Arnold Palmer Classic Course, golf facilities and
amenities.
The philosophy that Landmark Golf Management perpetuates at
SilverRock Resort is: an operation that allows management to utilize
golf industry best-practices in accommodating market-driven
demands as market shifts may occur. Each golf course facility has
its own personality and characteristics; therefore, each golf
operation is unique to some degree and should be managed with
personality and characteristics taken into consideration. Golf
operators that adjust procedures to short and long term market and
industry fluctuations are better suited to maximize opportunities.
In this upcoming twelve months of operations, Landmark Golf
Management will put forth every effort to best position SilverRock
Resort as a place to frequent in the eyes and minds of the influential
decision makers in the world of golf.
BRAND PROMISE
Discover the mystique of SilverRock Resort, the crown
jewel of La Quinta and its golf legacy. Rich in both
history and legend, the majestic Santa Rosa Mountains
frame an unwavering commitment to an exceptional
experience at SilverRock Resort.
Our Promise: Exceptional in All, For All, Always.
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Annual Plan 2022-2023 SRR.xlsAsst. Golf ProfessionalsGolf Shop BuyerSales AssociatesCarts/Bag RoomShuttle/ValetStarters/RangersDriving RangeGuest / Outside ServiceOutside Services ManagerGolf ShopHead Golf ProfessionalAsst. SuperintendentMechanic(s)Irrigation TechnicianSpray TechnicianGreenskeeper(s)Administrative Asst.Golf Course MaintenanceSuperintendentAdmin. Asst.To Controller & GMAccountingController / Human ResourcesRestaurantF&B Server(s) / Cart Attendent(s)Food & BeverageF&B ManagerMarketing & SalesTournament Sales ManagerSilverRock - Randy DuncanGeneral Mgr. / Director of GolfLandmark Golf ManagementManagement TeamCity ManagerCity of La QuintaCity Council & Staff6/15/20224342
RUN DATE: 10-Jun-22Key Employee StaffingPREPARED BY: DEPARTMENT SUMMARYJUL.AUG.SEP.OCT.NOV.DEC.JAN.FEB.MAR.APR.MAYJUN.GOLF OPERATION OUTSIDE SERVICESOUTSIDE SERVICES MANAGER (FULL TIME)111111111111OUTSIDE SERVICES SUPERVISORS (FULL-TIME)111111111111DRIVING RANGE (PART-TIME)1 1 1111222211CART/BAG/VALET/BAG DROP (FULL-TIME)000000000000CART/BAG/VALET/BAG DROP (PART-TIME)334699999984SHUTTLE DRIVER (PART-TIME)11112222220077810141415151515117GOLF SHOP HEAD GOLF PROFESSIONAL (FULL TIME)1111111111111ST ASSISTANT PROFESSIONAL (FULL TIME) 111111111111MERCHANDISER (FULL TIME)111111111111ASSISTANT PROFESSIONAL (FULL TIME)111111111111SALES CLERKS (FULL TIME)111111111111SALES CLERKS (PART TIME)222222222222777777777777COURSE SERVICESSTARTERS (PART TIME)3 3 3333333333RANGER/MARSHALS (PART TIME)111144444411444477777744GOLF COURSE MAINTENANCESUPERINTENDENT (FULL TIME)1 1 1111111111ASST SUPERINTENDENT (FULL TIME)111111111111FOREMAN/SPRAY TECHNICIAN (FULL TIME)111111111111HEAD MECHANIC / FACILITY MANAGER (FULL TIME)111111111111ASST MECHANIC (FULL TIME)111111111111HEAD IRRIGATOR (FULL TIME)111111111111ASST IRRIGATOR (FULL TIME)111111111111GREENKEEPERS (FULL TIME)222101212121212121212ADMINISTRATIVE ASSISTANT (PART TIME)000000000000TOTAL TURF & ADMIN STAFF999171919191919191919LANDSCAPE MAINTENANCEFOREMAN (FULL TIME)1 1 1111111111IRRIGATOR (FULL TIME)111111111111LANDSCAPERS (FULL TIME)111244444444TOTAL LANDSCAPE CREW333466666666TOTAL COURSE MAINTENANCE STAFF121212212525252525252525FOOD & BEVERAGEF & B MANAGER / SUPERVISOR (FULL TIME)111111111111CHEF (FULL TIME)111111111111COOK (FULL TIME)111111333333PREP COOK (FULL TIME)000011111111LEAD SERVER (FULL-TIME)000011111111F & B WAIT/BEVERAGE CART/HALF(FULL TIME)110011111111F & B WAIT/BEVERAGE CART/HALF(PART TIME)111133555532BUSER / DISHWASHER (PART TIME)00111111111155551010141414141211G & ADIRECTOR OF GOLF/GM (FULL TIME)1 1 1111111111CLUB CONTROLLER (FULL TIME)111111111111ADMINISTRATIVE ASSISTANT (FULL TIME)111111111111LQ RESIDENT CARD ADMINISTRATIVE (PART TIME)111011111111444344444444MARKETING/TOURNAMENTTOURNAMENT SALES / GROUP COORDINATOR (FULL TIME)111111111111TOTAL EMPLOYEES40 40415168687373737364592022-2023 ANNUAL PLAN Landmark Golf Management6/15/20225343
SILVERROCK RESORT
2022-2023 ANNUAL PLAN
2022-2023 Assumptions
Revenue
Operations
It is assumed there will be significant hotel construction occurring during the fiscal year 2022-2023,
which will have a profound impact on golf course operations during the summer of 2022 and into
the entire season of 2022-2023. As a result of this construction work, it is assumed access to the
Ahmanson Ranch House will be limited which will result in a 50% reduction in Food & Beverage
Sales from July 1 through September 2022. Rounds of golf and revenue are anticipated to be
reduced by 10% from prior year as a result of the invasive construction.
It is assumed the Permanent Clubhouse will open towards the end of 2022 or early 2023. This will
will require a transition from one location to another location mid-season. The logistics of this
transition has not been finalized but will be very challenging nonetheless.
It is assumed, the golf course will remain SilverRock, the rebranding to Talus Golf Club will occur at a
future date.
It is assumed for this Annual Plan, all Covid Restrictions will be lifted and operations will resume to
normal day-to-day operations.
It will also be assumed Golf Operations will continue to operate out of a Temporary Clubhouse
located in the “dog bone” area adjacent to hole #2 tee boxes until Permanent Clubhouse opens.
The SilverRock Grill will remain open at the existing Ahmanson Clubhouse in its current location
until the Permanent Clubhouse opens.
Golf & Merchandise
• July-mid-September, the last tee time will be 12:00 pm.
• Reduced traffic (due to ongoing construction) in golf shop will have a negative impact on
merchandise sales July through October 2022.
Food & Beverage
• The Ahmanson Ranch House and the Grill at SilverRock will continue to operate with reduced
access and hours of operation during the summer of 2022 or from July 1, 2022 through
October 2022.
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Green Fees:
A green fee includes golf cart and warm-up range balls. A combination of the various green fee
rates and green fee mix of Regular, Twilight, and Resident play is anticipated to yield an average
rate of $89.18 per round based on 41,996 annual rounds. The non-resident green fee rates for the
2022-2023 fiscal year are projected to remain consistent with the prior year but may vary
depending upon market conditions. Green fee rates will continue to be based on dynamic pricing
and course utilization levels will dictate green fee rates.
La Quinta Resident rates will be $60 (high season), $49 (shoulder seasons) and $35 (summer
season). Accompanied La Quinta Resident Guests will continue to received 30% off prevailing
posted rates (not including twilight or any discounted rates) and will follow similar booking
procedures as extended to a La Quinta Resident Card Holder; booking three (3) days in advance.
It is assumed the overseeding dates will be October 3 through October 31, 2022. Annually
overseeding reduces revenues during these dates which is taken into consideration in these
projections with the course being closed these dates. For the fiscal year 2022-2023, it is also
projected that aerification will occur in August 2022 and June of 2023 which reduces revenue for 3-
5 days with each of these two (2) aerification cycles.
Greens Fee Mix: Through proper marketing, yield management, and limited advanced Resident
bookings the projected mix of green fees is: 30% Resident, 25% Public, 10% Public Twilight, & 35%
Other (tournaments, wholesalers, juniors, resident guests, replays and discounts).
Miscellaneous and Other Revenue: Is based on $3.39 per round. This consists of golf club rentals,
golf club repairs, handicap fees, driving range fees, rider fees, and Independent Contractor’s Fees
(Teaching Professionals).
Golf Shop Merchandise: Is based on retail sales of $5.06 per round.
Resident Card Fees: Annual Revenues of $165,300 are based on selling 1,102 La Quinta Resident
Cards during the 2022-2023 Fiscal Year. This is consistent with prior year sales.
Cost of Goods Sold
Merchandise 55 %
Food & Beverage 33 %
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Expenses
Golf Carts, Bag Room, and Driving Range: Includes outside service, bag room, and driving range
staff plus supplies and operating expense for this department. Additional shuttle shifts will remain
in this year’s Annual Plan to shuttle customers down and back from the restaurant, driving range
and practice area. This is a result of the location of the temporary golf clubhouse and the existing
restaurant at the Ahmanson Ranch House. Per California State Law, another minimum wage
increase to $15.50 per hour is scheduled for January 1, 2023. This increase was factored into this
2022-202 Annual Plan.
Golf Shop: Includes golf professionals, merchandising sales staff, receiving staff and golf shop
operational expenses. Per California State Law, another minimum wage increase to $15.50 per
hour is scheduled for January 1, 2023. This increase was factored into this 2022-2023 Annual Plan.
Course Services: Includes course service staff consisting of course rangers/starters and related
department supplies and materials. Per California State Law, another minimum wage increase to
$15.50 per hour is scheduled for January 1, 2023. This increase was factored into this 2022-2023
Annual Plan.
Golf Course Maintenance: Includes compensation and payroll related costs for the Golf Course
Maintenance Superintendent, grounds maintenance staff, supplies, and materials. Overseeding
dates are projected to be October 3-31, 2022, which results in projected higher labor cost and
supply costs during the annual overseeding process. Golf Course Superintendent Education,
training and travel expense are included in the 2022-2023 Annual Plan. In addition, Front Entry and
Perimeter Landscape Maintenance are accounted for in this department’s operating budget. Per
California State Law, another minimum wage increase to $15.50 per hour is scheduled for January 1,
2023. This increase was factored into this 2022-2023 Annual Plan.
Water & Electrical: The 2022-2023 Annual Plan includes water and electrical costs to irrigate the
golf course & properly maintain the lake system. This is accounted for in the Golf Course
Maintenance budget.
Projected Annual Electric costs of $144,810 will cover 100% of the facilities electric costs including;
front entry waterfall, water well pump, golf course pump station, north village lake water falls &
circulation pumps, cart storage area and both clubhouses. These expenses will continue to be
budgeted in the 2022-2023 Annual Plan as water and electrical costs.
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Food & Beverage: Includes food & beverage staff and expenses for the temporary clubhouse. There
is a separate Agreement for the Food & Beverage Department including the Liquor License
arrangement between the City and Landmark Golf Management. Per California State Law, another
minimum wage increase to $15.50 per hour is scheduled for January 1, 2023. This increase was
factored into this 2022-2023 Annual Plan.
Marketing: Includes marketing, public relations, advertising, web page, collateral and tournament
sales, etc. Refer to pages 21 & 22, for the Marketing Plan Narrative. It is assumed there will be a
rebranding campaign occurring this fiscal year which will require no reduction in marketing
expenses.
Clubhouse: Clubhouse expenses, maintenance/cleaning staff, landscape maintenance, parking lot
and entry drive clean up. Roving patrol expenses to secure the entire property of SilverRock
continues to be included in this department’s operating budget.
Management Fee: For the 2022-2023 Annual Plan, Landmark’s Management Fee will be increased
5% to $10,374 per month.
Insurance: Per requirements of the Golf Course Management Agreement in the Annual Plan is the
cost for comprehensive golf club insurance policy, general liability, property, equipment and
business interruption etc.
G&A: Expenses include General Manager, Controller & Administrative Assistant Salaries,
Professional Fees, Payroll Processing Fees, Equipment Expenses, Equipment Rental and Resident
Card Expenses.
Personal Property Lease Tax: Exempt, except personal property taxes on equipment purchases or
leases which are included in this Annual Plan.
Capital Reserves: Capital Reserves of 2% of green fees will be reallocated in the 2022-2023 Annual
Plan upon City of La Quinta Staff direction.
Golf Carts Lease: Golf carts are leased for the Golf Club. For the 2022-2023 Fiscal Year, this will be
the last and final year of the lease for the current fleet of golf carts. The budgeted amount of
$12,000 per month will remain for the fiscal year.
GPS Lease: Monthly golf cart GPS rental/lease expense for the fleet of golf carts is $2,900 per month
and will remain unchanged from the prior year.
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2022-2023 ANNUAL PLAN SilverRock ResortCONSOLIDATED INCOME STATEMENTRUN DATE: 14-Jun-2211:31 AMFOR FISCAL YEAR - JULY 2022 - JUNE 2023PREPARED BY: Landmark Golf ManagementDEPARTMENT 2022-2023 BUDGETJUL.AUG.SEP.OCT.NOV.DEC.JAN.FEB. MAR.APR.MAY JUN.ROUNDSROUNDS 41,9961,750 1,750 2,350200 5,100 4,250 4,700 5,100 5,300 4,896 4,300 2,300REVENUEGREEN FEES 3,745,35584,613 84,613 151,975 13,910 516,120 414,375 470,940 530,655 567,630 458,266 313,685 138,575MISC. REV/RANGE/CARTS/RENTALS142,1803,900 3,350 3,900800 16,900 17,400 21,850 21,900 21,900 14,740 10,395 5,145GOLF SHOP MERCHANDISE212,6185,075 5,075 8,225500 28,050 23,375 25,850 28,050 29,150 26,928 21,070 11,270RESIDENT CARD FEES165,300500500500 7,500 25,000 22,800 22,000 24,000 15,625 15,625 15,625 15,625FOOD & BEVERAGE 612,63210,500 10,500 14,100 4,200 48,900 38,250 83,425 105,825 113,950 86,232 68,575 28,175TOTAL REVENUE4,878,085104,588 104,038 178,700 26,910 634,970 516,200 624,065 710,430 748,255 601,791 429,350 198,790COST OF SALESPRO SHOP 119,0022,840 2,840 4,604280 15,700 13,083 14,468 15,700 16,315 15,072 11,793 6,308FOOD & BEVERAGE 207,1325,010 5,010 6,076 3,365 16,321 12,993 28,077 34,543 36,856 26,444 22,222 10,217TOTAL COST OF SALES326,1347,850 7,850 10,679 3,645 32,021 26,075 42,545 50,242 53,171 41,515 34,015 16,525GROSS PROFIT4,551,95196,737 96,187 168,020 23,265 602,949 490,125 581,520 660,188 695,084 560,275 395,335 182,265OPERATING EXPENSESGOLF CARTS\BAGS\RANGE 415,09521,436 21,436 22,454 19,006 47,520 46,493 44,202 45,875 45,500 45,000 32,813 23,360GOLF SHOP216,77514,714 14,520 14,520 13,218 19,793 19,793 21,233 19,718 19,718 18,803 22,131 18,616COURSE SERVICES 114,4853,762 3,762 4,310 3,989 14,429 14,604 14,902 14,851 14,851 12,269 6,377 6,377GOLF COURSE MAINTENANCE 2,070,664113,512 96,378 127,379 458,852 230,394 153,744 144,076 137,147 148,898 157,672 142,555 160,056WATER & ELECTRIC COST 260,29424,250 23,360 19,300 19,400 28,000 13,705 20,800 19,320 18,950 22,920 26,750 23,539GENERAL & ADMINISTRATIVE 451,89934,292 34,442 34,792 34,501 39,708 43,183 40,283 39,533 39,283 37,283 37,583 37,017MARKETING 192,2674,531 4,531 12,880 19,581 27,184 18,027 23,174 20,259 18,05218,882 14,509 10,654CLUBHOUSE 127,49210,301 10,301 10,301 10,801 10,301 10,301 11,131 10,631 11,131 10,631 10,631 11,031MANAGEMENT FEE 124,48810,374 10,374 10,374 10,374 10,374 10,374 10,374 10,374 10,374 10,374 10,374 10,374CAPITAL RESERVES 74,9071,692 1,692 3,039278 10,322 8,288 9,419 10,613 11,353 9,165 6,274 2,772INSURANCE 71,0045,917 5,917 5,917 5,917 5,917 5,917 5,917 5,917 5,917 5,917 5,917 5,917PERSONAL PROPERTY LEASE TAXES 23,6005,2000 4,000 2,6000000000 11,800LEASES389,80031,950 31,950 31,950 31,950 32,750 32,750 32,750 32,750 32,750 32,750 32,750 32,750FOOD & BEVERAGE 469,64824,597 25,547 24,907 18,708 34,806 35,578 54,543 53,502 53,497 53,847 46,798 43,318TOTAL OPERATING EXPENSES5,002,417306,528 284,210 326,123 649,176 511,499 412,757 432,803 420,490 430,273 435,514 395,463 397,582NET INCOME(450,466)(209,791) (188,023) (158,103) (625,911) 91,450 77,368 148,717 239,698 264,810 124,761 (127) (215,317)NET INCOME %-9.2%-200.6% -180.7% -88.5% -2325.9% 14.4% 15.0% 23.8% 33.7% 35.4% 20.7% 0.0% -108.3%Average Green Fee $89.18$48.35 $48.35 $64.67 $69.55 $101.20 $97.50 $100.20 $104.05 $107.10 $93.60 $72.95 $60.25Average $ Misc. Income per Rd$3.39$2.23 $1.91 $1.66 $4.00 $3.31 $4.09 $4.65 $4.29 $4.13 $3.01 $2.42 $2.24Average $ Merchandise per Rd$5.06$2.90 $2.90 $3.50 $2.50 $5.50 $5.50 $5.50 $5.50 $5.50 $5.50 $4.90 $4.90Total Average Revenue per Round$97.63$59.76 $59.45 $76.04 $134.55 $124.50 $121.46 $132.78 $139.30 $141.18 $122.91 $99.85 $86.436/15/202210348
2022-2023 ANNUAL PLAN SilverRock ResortRUN DATE: 10-Jun-22 11:10 AMProjections - July 2022 to June 2023PREPARED BY: Landmark Golf Management0.600.40Golf RoundsTotalJUL. AUG. SEP. OCT. NOV. DEC. JAN. FEB. MAR. APR. MAY JUN.Resident Rnds (Weekday)7,13929829840034867723799867901832731391Resident Rnds (Weekend)5,45922822830626663553611663689636559299Sub-Total Resident Rnds 12,59952552570560 1530 1275 1410 1530 1590 1469 1290690% of Total 0.300.30 0.30 0.30 0.30 0.30 0.30 0.30 0.30 0.30 0.30 0.30 0.30Public Rnds (Weekday)8,39935035047040 1020850940 1020 1060979860460Public Rnds (Weekend)6,29926326335330765638705765795734645345Sub-Total Public Rnds14,69961361382370 1785 1488 1645 1785 1855 1714 1505805% of Total 0.350.35 0.35 0.35 0.35 0.35 0.35 0.35 0.35 0.35 0.35 0.35 0.35Public Twi (Weekday)4,62019319325922561468517561583539473253Public Twi (Weekend)3,78015815821218459383423459477441387207Sub-Total Twilight Rnds8,39935035047040 1020850940 10201060979860460% of Total 0.200.20 0.20 0.20 0.20 0.20 0.20 0.20 0.20 0.20 0.20 0.20 0.20Other (Weekday)3,78015815821218459383423459477441387207Other (Weekend)2,52010510514112306255282306318294258138Sub-Total Other 6,29926361382370 1785 1488 1645 1785 1855 1714 1505805% of Total0.150.150.350.350.350.350.350.350.350.350.350.350.35Total Rounds41,9961,750 1,750 2,350 200 5,100 4,250 4,700 5,100 5,300 4,896 4,300 2,300 0.452,1011,7812,4734345,2234,6505,3315,3066,199#REF!#REF!#REF! Green Fees0.55Resident Rnds (Weekday)33.00$ 33.00$ 40.00$ 49.00$ 49.00$ 49.00$ 60.00$ 60.00$ 60.00$ 49.00$ 49.00$ 49.00$ Resident Rnds (Weekend)33.00$ 33.00$ 49.00$ 49.00$ 49.00$ 49.00$ 60.00$ 60.00$ 60.00$ 49.00$ 49.00$ 49.00$ Public Rnds (Weekday)50.00$ 50.00$ 65.00$ 75.00$ 125.00$ 120.00$ 120.00$ 130.00$ 130.00$ 120.00$ 85.00$ 60.00$ Public Rnds (Weekend)60.00$ 60.00$ 75.00$ 85.00$ 135.00$ 125.00$ 125.00$ 140.00$ 130.00$ 125.00$ 95.00$ 75.00$ Public Twi (Weekday)50.00$ 50.00$ 65.00$ 80.00$ 105.00$ 105.00$ 105.00$ 100.00$ 125.00$ 90.00$ 75.00$ 65.00$ Public Twi (Weekend)65.00$ 65.00$ 95.00$ 80.00$ 115.00$ 110.00$ 110.00$ 105.00$ 125.00$ 105.00$ 80.00$ 75.00$ Other (Weekday)50.00$ 50.00$ 65.00$ 70.00$ 125.00$ 120.00$ 120.00$ 120.00$ 120.00$ 110.00$ 75.00$ 50.00$ Other (Weekend)60.00$ 60.00$ 95.00$ 80.00$ 135.00$ 130.00$ 120.00$ 130.00$ 130.00$ 115.00$ 80.00$ 65.00$ Golf RevenueResident Rnds (Weekday) 364,9489,818$ 9,818$ 15,980$ 1,666$ 42,483$ 35,403$ 47,940$ 52,020$ 54,060$ 40,784$ 35,819$ 19,159$ Resident Rnds (Weekend) 281,8287,508$ 7,508$ 14,970$ 1,274$ 32,487$ 27,073$ 36,660$ 39,780$ 41,340$ 31,188$ 27,391$ 14,651$ Public Rnds (Weekday)899,45417,500$ 17,500$ 30,550$ 3,000$ 127,500$ 102,000$ 112,800$ 132,600$ 137,800$ 117,504$ 73,100$ 27,600$ Public Rnds (Weekend)720,97515,750$ 15,750$ 26,438$ 2,550$ 103,275$ 79,688$ 88,125$ 107,100$ 103,350$ 91,800$ 61,275$ 25,875$ Public Twi (Weekday)429,4559,625$ 9,625$ 16,803$ 1,760$ 58,905$ 49,088$ 54,285$ 56,100$ 72,875$ 48,470$ 35,475$ 16,445$ Public Twi (Weekend)383,97010,238$ 10,238$ 20,093$ 1,440$ 52,785$ 42,075$ 46,530$ 48,195$ 59,625$ 46,267$ 30,960$ 15,525$ Other (Weekday)384,9587,875$ 7,875$ 13,748$ 1,260$ 57,375$ 45,900$ 50,760$ 55,080$ 57,240$ 48,470$ 29,025$ 10,350$ Other (Weekend)279,7676,300$ 6,300$ 13,395$ 960$ 41,310$ 33,150$ 33,840$ 39,780$ 41,340$ 33,782$ 20,640$ 8,970$ Total Revenue3,745,35584,613$ 84,613$ 151,975$ 13,910$ 516,120$ 414,375$ 470,940$ 530,655$ 567,630$ 458,266$ 313,685$ 138,575$ $98,680$99,584$172,993$42,785$563,301$448,957$492,441$581,698$717,929$461,682$316,000$125,000Avg. Rate89.18$ 48.35$ 48.35$ 64.67$ 69.55$ 101.20$ 97.50$ 100.20$ 104.05$ 107.10$ 93.60$ 72.95$ 60.25$ Misc Revenue76.13$ ##########Club Rental 24,100800$ 750$ 1,000$ 50$ 3,900$ 3,100$ 2,500$ 2,600$ 3,000$ 2,700$ 2,475$ 1,225$ Driving Range Balls 87,8501,600$ 1,500$ 1,400$ 250$ 9,500$ 9,500$ 13,500$ 15,000$ 15,500$ 9,000$ 7,425$ 3,675$ Rider Fees18,1801,000$ 1,100$ 1,500$ -$ 2,500$ 3,800$ 3,100$ 2,400$ 1,500$ 540$ 495$ 245$ Handicap Fees2,050-$ -$ -$ -$ -$ -$ 1,250$ 400$ 400$ -$ -$ -$ Independent Instructor Fees7,500-$ -$ -$ -$ 1,000$ 1,000$ 1,000$ 1,500$ 1,500$ 1,500$ -$ -$ Ball Retreival 2,500500$ -$ -$ 500$ -$ -$ 500$ -$ -$ 1,000$ -$ -$ -$ Total142,1803,900$ 3,350$ 3,900$ 800$ 16,900$ 17,400$ 21,850$ 21,900$ 21,900$ 14,740$ 10,395$ 5,145$ 6/15/202211349
2022-2023 ANNUAL PLAN SilverRock ResortRUN DATE: 10-Jun-22 11:10 AMProjections - July 2022 to June 2023PREPARED BY: Landmark Golf ManagementGOLF SHOP - 61TOTALJUL.AUG.SEP.OCT.NOV.DEC.JAN.FEB.MAR.APR.MAYJUN.GOLF SHOP MERCHANDISE SALESTOTAL # OF ROUNDS41,9961,750 1,750 2,350 200 5,100 4,250 4,700 5,100 5,300 4,896 4,300 2,300AVERAGE REVENUE / ROUND$5.06 $2.90 $2.90 $3.50 $2.50 $5.50 $5.50 $5.50 $5.50 $5.50 $5.50 $4.90 $4.90TOTAL MERCHANDISE SALES$212,6185,075 5,075 8,225 500 28,050 23,375 25,850 28,050 29,150 26,928 21,070 11,27018,37551,925MERCHANDISE REVENUE75.00%25.00%Soft Goods Sales159,4643,806 3,806 6,169 375 21,038 17,531 19,388 21,038 21,863 20,196 15,803 8,453Hard Goods Sales53,1551,269 1,269 2,056 125 7,013 5,844 6,463 7,013 7,288 6,732 5,268 2,818 TOTAL MERCHANDISE REVENUE 212,618 5,075 5,075 8,225 500 28,050 23,375 25,850 28,050 29,150 26,928 21,070 11,270COST OF SALES55.97%55.97% 55.97% 55.97% 55.97% 55.97% 55.97% 55.97% 55.97% 55.97% 55.97% 55.97% 55.97%COS - Merchandise (58%)123,3182,944 2,944 4,771 290 16,269 13,558 14,993 16,269 16,907 15,618 12,221 6,537Purchase Disc Taken - (5%)(6,166)(147) (147) (239) (15) (813) (678) (750) (813) (845) (781) (611) (327)Freight - Merchandise1,85044 44 72 4 244 203 225 244 254 234 18398 TOTAL COST OF SALES119,0022,840 2,840 4,604 280 15,700 13,083 14,468 15,700 16,315 15,072 11,793 6,308GROSS PROFIT93,6162,235 2,235 3,621 220 12,350 10,292 11,382 12,350 12,835 11,856 9,277 4,962SALARIES AND BENEFITS9,4149,9938,7608,24810,87012,04213,52712,480Salaries and Wages160,37210,901 10,735 10,735 9,305 15,169 15,169 15,169 15,169 15,169 14,389 14,229 14,229Payroll Taxes 15,6361,063 1,047 1,047 907 1,479 1,479 1,479 1,479 1,479 1,403 1,387 1,387Workers' Compensation 11,980814 802 802 695 1,133 1,133 1,133 1,133 1,133 1,075 1,063 1,063Health Insurance/Benefits9,912826 826 826 826 826 826 826 826 826 826 826 826 TOTAL SALARIES AND BENEFITS197,90013,604 13,410 13,410 11,733 18,608 18,608 18,608 18,608 18,608 17,693 17,506 17,506SUPPLIES AND MATERIALSOTHER EXPENSESOffice Supplies 3,000250 250 250 250 250 250 250 250 250 250 250 250Dues and Subscriptions 2,3000 0 0 0 0 0 0 0 0 0 2,300Freight / Delivery 750 0 0 25 25 25 0 0 0 0 0 0Travel 900 0 0 0 0 0 15 1515151515Uniforms2,400100 100 100 100 300 200 500 200 200 200 200 200Telephone 1,320110 110 110 110 110 110 110 110 110 110 110 110Seminars / Training 3,690150 150 150 5000 100 1,250353535 1,25035Miscellaneous 6,000500 500 500 500 500 500 500 500 500 500 500 500 TOTAL OTHER EXPENSES18,8751,110 1,110 1,110 1,485 1,185 1,185 2,625 1,110 1,110 1,110 4,625 1,110 TOTAL EXPENSES216,77514,714 14,520 14,520 13,218 19,793 19,793 21,233 19,718 19,718 18,803 22,131 18,616Seminars/Training - Reimbursement for eligible golf shop employees (Director of Golf, Head Professional & 1st Assistant Golf Professional) for PGA Training, Education and Travel Expenses. Office Supplies are made up of: Golf Cart Rental Agreements,Golf Club Rental Agreements, Gift Certificates & Merchandise BagsUniforms- Each Full-Time Emp receives (1) shirt per month6/15/202212350
2022-2023 ANNUAL PLAN SilverRock ResortRUN DATE: 10-Jun-22 11:10 AMProjections - July 2022 to June 2023PREPARED BY: Landmark Golf ManagementCARTS, BAGROOM & RANGE - 641TOTAL JUL. AUG. SEP. OCT. NOV. DEC. JAN. FEB. MAR. APR. MAY JUN.Rounds41,9961,750 1,750 2,350 200 5,100 4,250 4,700 5,1005,300 4,896 4,300 2,300SALARIES AND BENEFITS7,540 6,574 8,506 4,181 9,821 11,246 12,697 13,780Salaries and Wages257,980 11,747 11,747 12,971 7,990 23,250 32,100 30,210 31,605 31,605 31,605 19,900 13,250Payroll Taxes 32,1191,463 1,463 1,615 995 2,895 3,996 3,761 3,9353,935 3,935 2,478 1,650Workers' Compensation 19,271878 878 969 597 1,737 2,398 2,257 2,3612,361 2,361 1,487 990Health Insurance/Benefits9,912826 826 826 826 826 826 826 826826 826 826 826 TOTAL SALARIES AND BENEFITS319,282 14,913 14,913 16,381 10,408 28,707 39,320 37,054 38,727 38,727 38,727 24,690 16,715153,00511,258 8,062 9,003 3,900 11,890 15,750 17,092 14,750 15,700 15,750 14,350 15,500SUPPLIES AND MATERIALSRange Expendable Supplies6,750600 600 150 150 1,800 150 1,000 1,000150 150 500 500Towel Replacement2,182120 120 120 120 185 195 250 250250 250 25072Bottled Water30,0002,500 2,500 2,500 2,500 2,500 2,500 2,500 2,5002,500 2,500 2,500 2,500Cart Supplies1,850000 500 500 500757550505050Range Balls10,0000000 10,0000000000 TOTAL SUPPLIES AND MATERIALS50,782 3,220 3,220 2,770 3,270 14,985 3,345 3,825 3,8252,950 2,950 3,300 3,122REPAIRS AND MAINTENANCEEquipment Repair - Golf3,600300 300 300 300 300 300 300 300300 300 300 300 TOTAL REPAIRS AND MAINTENANCE3,600 300 300 300 300 300 300 300 300300 300 300 300OTHER EXPENSESExpendable Supplies 52525 25 25505050505050505050Printing / Stationary 420000000707070707070Cart Maintenance & Repairs 18,0361,503 1,503 1,503 1,503 1,503 1,503 1,503 1,5031,503 1,503 1,503 1,503Freight / Delivery 450757575757575000000Uniforms5,200000 2,000 500 500005000 1,500 200Laundry and Linen 9,600800 800 800 800 800 800 800 800800 800 800 800Miscellaneous 7,200600 600 600 600 600 600 600 600600 600 600 600 TOTAL OTHER EXPENSES41,431 3,003 3,003 3,003 5,028 3,528 3,528 3,023 3,0233,523 3,023 4,523 3,223 TOTAL EXPENSES415,095 21,436 21,436 22,454 19,006 47,520 46,493 44,202 45,875 45,500 45,000 32,813 23,360Expendable Supplies are made up of: - Scorecards, Tees, Pencils, Trash Bags,Cups & First Aid Supplies.Uniforms- Each employee receives 4 shirts, 1 hat per season6/15/202213351
2022-2023 ANNUAL PLAN SilverRock ResortRUN DATE: 10-Jun-22 11:10 AMProjections - July 2022 to June 2023PREPARED BY: Landmark Golf ManagementCOURSE SERVICES - 643TOTAL JUL. AUG. SEP. OCT. NOV. DEC. JAN. FEB. MAR. APR. MAY JUN.SALARIES AND BENEFITS1,850 1,400 2,590800 3,600 5,667 5,700 5,700Salaries and Wages94,2753,060 3,060 3,485 2,550 12,075 12,075 12,478 12,478 12,478 9,998 5,270 5,270Payroll Taxes 9,192298298340249 1,177 1,177 1,217 1,217 1,217975514514Workers' Compensation 7,042229229260190902902932932932747394394 TOTAL SALARIES AND BENEFITS 110,5093,587 3,587 4,085 2,989 14,154 14,154 14,626 14,626 14,626 11,719 6,177 6,177SUPPLIES AND MATERIALSExpendable Supplies 1,05050 501001001001001001001001007575 TOTAL SUPPLIES AND MATERIALS 1,05050501001001001001001001001007575OTHER EXPENSESUniforms 2,12575 7575800752507575754007575Safety Equipment 600505050505050505050505050Miscellaneous 20000050505050000001 TOTAL OTHER EXPENSES2,926125125125900175350176125125450125125 TOTAL COURSE SERVICES EXPENSES114,4853,762 3,762 4,310 3,989 14,429 14,604 14,902 14,851 14,851 12,269 6,377 6,377Expendable Supplies are made up of: Clipboards, Paper (starter sheets, ranger sheets), Towels, Trash BagsUniforms- Each employee receives 4 shirts, 1 hat per season6/15/202214352
SilverRock ResortRUN DATE: 10-Jun-22 11:10 AMProjections - July 2022 to June 2023PREPARED BY: Landmark Golf ManagementMAINTENANCE DEPARTMENT - 63 TOTAL JUL. AUG. SEP. OCT. NOV. DEC. JAN. FEB. MAR. APR. MAY JUN.SALARIES AND BENEFITSSalaries and Wages819,60636,425 36,425 41,564 60,234 79,658 82,008 81,368 81,310 81,316 81,316 77,860 80,122Overtime Hourly Wages 18,500000 16,0000000 2,500000Payroll Taxes 81,7153,551 3,551 4,052 7,433 7,767 7,996 7,933 7,928 8,172 7,928 7,591 7,812Workers' Compensation 37,4371,639 1,639 1,870 3,191 3,585 3,690 3,662 3,659 3,734 3,659 3,504 3,605Health Insurance/Benefits112,8826,860 6,860 8,512 9,338 10,164 10,164 10,164 10,164 10,164 10,164 10,164 10,164 TOTAL SALARIES AND BENEFITS1,070,14048,47648,47655,99896,196101,174103,858103,127103,061105,886103,06799,119101,703SUPPLIES AND MATERIALSFertilizer110,3405,870 4,100 9,880 35,000 8,500 8,950 5,000 3,020 3,370 9,800 3,350 13,500Flowers/Plants3,05000 1,000 2500 750 750 100 100 100Gas & Oils53,8003,900 3,850 4,500 5,100 5,100 5,150 4,850 4,350 4,250 4,250 4,250 4,250Golf Course Accessories13,140000 12,300000 1600 68000Chemicals & Pesticides50,06013,754 190 7,820 9,359 2,1000 3,033 190 1,806 3,100 2,200 6,508POA Control9,90000 2,40000 7,500000000Sand/Mulch/Bunker13,460390 390 5,000 2,000 4,000 800 380 100 100 100 100 100Seed325,000000 250,000 75,0000000000Small Tools 5,000100 100 2,000 2,000 100 100 100 100 100 100 100 100Sod15,5005,300 4,500 1,0000000000 1,250 3,450Topdressing 10,0002,000 2,2000 2,200 60000000 1,500 1,5000 TOTAL SUPPLIES AND MATERIALS609,25031,31415,33033,600318,20995,40023,25014,1138,0209,72618,13012,75029,408REPAIRS AND MAINTENANCEBuildings & Bridges 5,5501,250 750 550 500 500 500 250 250 250 250 250 250Equipment38,5002,000 2,500 3,000 10,000 5,000 2,000 2,500 2,500 2,000 2,000 2,500 2,500Irrigation System 19,0504,400 3,500 1,500 2,000 900 550 1,200 1,000 1,000 1,000 1,000 1,000Pumps10,5001,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 5000Lake Maint Contract 30,8003,850 3,850 3,850 3,850 3,8500000 3,850 3,850 3,850Trees14,05000 5,500 5500000 4,000 4,00000 TOTAL REPAIRS AND MAINTENANCE118,45012,50011,60015,40017,90011,2504,0504,9504,7508,25012,1008,1007,6002022-2023 ANNUAL PLAN 6/15/202215353
SilverRock ResortRUN DATE: 10-Jun-22 11:10 AMProjections - July 2022 to June 2023PREPARED BY: Landmark Golf ManagementMAINTENANCE DEPARTMENT - 63 TOTAL JUL. AUG. SEP. OCT. NOV. DEC. JAN. FEB. MAR. APR. MAY JUN.2022-2023 ANNUAL PLAN OTHER EXPENSESContract Services Soil/Tissue Tests2,00000 1,0000000000 1,0000Dues and Subscriptions 6800000000 2000 3800 100Employee Education3,90050505050505050 1,000 2,400505050Equipment Rental 3,400200 150 150 1,000 600 200 200 200 200 200 200 100Auto Expense4,800400 400 400 400 400 400 400 400 400 400 400 400Licenses and Permits 4,30010000 25005000 1,000 2,90000Miscellaneous1,200100 100 100 100 100 100 100 100 100 100 100 100Supplies 4,350750 750 750 500 500 500 100 100 100 100 100 100Propane/Natural Gas 180151515151515151515151515Safety Equipment & Training3,850200 100 750 800 500 400 400 200 200 100 100 100Telephone/DSL10,200850 850 850 850 850 850 850 850 850 850 850 850Waste/Trash Removal6,288524 524 524 524 524 524 524 524 524 524 524 524Uniforms & Linen/Towels 11,040920 920 920 920 920 920 920 920 920 920 920 920 TOTAL OTHER EXPENSES56,1884,1093,8595,5095,4094,4594,0093,5594,5096,7096,5394,2593,259TOTAL MAINTENANCE EXP. (EXCL Landscaping)1,854,02896,39979,265110,507437,714212,283135,167125,749120,340130,571139,836124,228141,9704,500LANDSCAPE13,00012,20012,70013,10011,40013,80012,6009,600Wages156,528 13,334 13,334 12,904 12,904 12,904 13,334 13,334 12,004 13,334 12,904 13,334 12,904Overtime Hourly Wages 3,418 0 0 0 3,418 0 0 0 0 0 0 0 0Payroll Taxes 15,595 1,300 1,300 1,258 1,591 1,258 1,300 1,300 1,170 1,300 1,258 1,300 1,258Workers' Compensation 7,147 600 600 581 683 581 600 600 540 600 581 600 581Health Insurance/Benefits25,193 1,239 1,239 1,239 1,652 2,478 2,478 2,478 2,478 2,478 2,478 2,478 2,478Landscape Wages & Benefits207,88116,473 16,473 15,982 20,248 17,221 17,712 17,712 16,192 17,712 17,221 17,712 17,221Small Tools1,025 100 100 100 100 100 75 757575757575Repairs & Maintenance - Drip Irrigation4,250250 250 500 500 500 500 250 250 250 250 250 500Uniforms3,480290 290 290 290 290 290 290 290 290 290 290 290TOTAL LANDSCAPE MAINTENANCE216,636 17,113 17,113 16,872 21,138 18,111 18,577 18,327 16,807 18,327 17,836 18,327 18,086COURSE & LANDSCAPE MAINTENANCE TOTAL 2,070,664113,512 96,378 127,379 458,852 230,394 153,744 144,076 137,147 148,898 157,672 142,555 160,056(EXCL UTILITIES)WATER & ELECTRICITY COSTSWater Cost115,48410,150 9,150 10,400 11,200 16,000 5,305 7,200 6,120 7,150 10,120 13,250 9,439Electricity Cost144,81014,100 14,210 8,900 8,200 12,000 8,400 13,600 13,200 11,800 12,800 13,500 14,100 TOTAL WATER AND ELECTRIC COST260,29424,250 23,360 19,300 19,400 28,000 13,705 20,800 19,320 18,950 22,920 26,750 23,539 TOTAL COURSE MAINTENANCE EXPENSES2,330,958137,762119,738146,679478,252258,394167,449164,876156,467167,848180,592169,305183,5956/15/202216354
SilverRock ResortRUN DATE: 10-Jun-22 02:31 PMProjections - July 2022 to June 2023PREPARED BY: Landmark Golf ManagementG & A DEPARTMENT - 67TOTALJUL. AUG. SEP. OCT. NOV. DEC. JAN. FEB. MAR. APR. MAY JUN.SALARIES AND BENEFITSSalaries and Wages282,15522,312 22,312 22,312 21,360 24,352 24,352 24,352 24,352 24,352 24,352 24,352 23,400Payroll Taxes 27,5102,175 2,175 2,175 2,083 2,374 2,374 2,374 2,374 2,374 2,374 2,374 2,281Workers' Compensation 21,0771,667 1,667 1,667 1,596 1,819 1,819 1,819 1,819 1,819 1,819 1,819 1,748Health Insurance/Benefits37,7163,143 3,143 3,143 3,143 3,143 3,143 3,143 3,143 3,143 3,143 3,143 3,143 TOTAL SALARIES AND BENEFITS368,45929,297 29,297 29,297 28,181 31,688 31,688 31,688 31,688 31,688 31,688 31,688 30,572REPAIRS AND MAINTENANCEEquipment Repair 1,9000 100 100 100 900 100 100 100 100 100 100 100TOTAL REPAIRS AND MAINTENANCE1,9000 100 100 100 900 100 100 100 100 100 100 100OTHER EXPENSESOffice Supplies 1,260105 105 105 105 105 105 105 105 105 105 105 105Printing / Stationary 3,300100 100 100 100 100 400 400 400 400 400 400 400Postage 90075 75 75757575757575757575Recruiting / Relocation 1,20000 150 150 150 200 150 200 200000Dues and Subscriptions 1,550500 300505050 100 200505050 600Freight / Delivery 600505050505050505050505050Travel 1,1000 10000000 1000 200 500 200Promotion 1,200100 100 100 100 100 100 100 100 100 100 100 100Auto Expense 6,000500 500 500 500 500 500 500 500 500 500 500 500Equipment Rental (Copier/Storage) 6,600550 550 550 550 550 550 550 550 550 550 550 550Uniforms 1,050757575 150 15075757575757575Professional Fees (I.T. & Safety Fees)28,0001,500 1,500 1,500 2,500 2,500 3,500 3,500 3,500 3,500 1,500 1,500 1,500Seminars / Training 3,400200 200 200 200 200 200 1,200 200 200 200 200 200Payroll Processing12,0001,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000Computer Supplies (POS Support Fees)6,300500 500 500 500 500 500 500 500 500 500 500 800Bank & ADP Fees1,080909090909090909090909090Miscellaneous 6,000100 100 100 100 1,000 4,000 100 100 100 100 100 100 TOTAL OTHER EXPENSES81,5404,995 5,045 5,395 6,220 7,120 11,395 8,495 7,745 7,495 5,495 5,795 6,345TOTAL G & A EXPENSES451,89934,292 34,442 34,792 34,501 39,708 43,183 40,283 39,533 39,283 37,283 37,583 37,017Uniforms- Benefit to be shared between GM & ControllerEntertainment & Promotion - GM promoting property for potential clients2022-2023 ANNUAL PLAN 6/15/202217355
2022-2023 ANNUAL PLAN SilverRock ResortMARKETING 10-Jun-22 02:31 PMProjections - July 2022 to June 2023PREPARED BY: Landmark Golf ManagementMARKETING DEPARTMENT - 66TOTALJUL. AUG. SEP. OCT. NOV. DEC. JAN. FEB. MAR. APR. MAY JUN.SALARIES AND BENEFITSSalaries and Wages15,0001,250 1,250 1,250 1,250 1,250 1,250 1,250 1,250 1,250 1,250 1,250 1,250Payroll Taxes 1,463122 122 122 122 122 122 122 122 122 122 122 122Workers' Compensation 1,12193 93 93939393939393939393Health Insurance/Benefits2,89100000 413 413 413 413 413 413 413 TOTAL SALARIES AND BENEFITS20,4741,465 1,465 1,465 1,465 1,465 1,878 1,878 1,878 1,878 1,878 1,878 1,878OTHER EXPENSESOffice Supplies 1,200100 100 100 100 100 100 100 100 100 100 100 100Printing / Stationary 4,4250 0 200 3,000 200 200 200 125 125 125 125 125Postage 60050 50 50505050505050505050Contract Services Web Page 1,800150 150 150 150 150 150 150 150 150 150 150 150Dues and Subscriptions 73500000035 400 300000Uniforms 600000 30050505050505000Telephone 1,200100 100 100 100 100 100 100 100 100 100 100 100Civic, Community and Trade Show 2,25075757575 750 750757575757575Public Relations1,000000000 500 5000000Promotions / Meals 300252525252525252525252525Promotion - (Media, Vendor Days, etc)7000 0 0505050 3005050505050Advertising (Ad Purchases) 151,1332,566 2,566 10,715 13,766 23,194 14,624 19,161 16,206 14,599 15,729 10,906 7,101Collateral Material - (Yrd Bks, Rack Cds, Statn, Brochures)5,500000 500 1,0000 500 500 500 500 1,000 1,000Miscellaneous350000050505050505050 TOTAL OTHER EXPENSES171,793 3,066 3,066 11,415 18,116 25,719 16,149 21,296 18,381 16,174 17,004 12,631 8,776 TOTAL MARKETING EXPENSES192,267 4,531 4,531 12,880 19,581 27,184 18,027 23,174 20,259 18,052 18,882 14,509 10,654Promotion/Meals - Off property events (Chamber Mixers, Rotaries andentertaining potential clients)Promotion/Media/Vendor Days - Radio/TV Onsite Broadcasting.Vendor Days - Show casing property in exchange for positive publicity6/15/202218356
SilverRock ResortMARKETING 10-Jun-22 02:31 PMProjections - July 2022 to June 2023PREPARED BY: Landmark Golf ManagementTEMPORARY CLUBHOUSE - 800TOTALJUL. AUG. SEP. OCT. NOV. DEC. JAN. FEB. MAR. APR. MAY JUN.SUPPLIES AND MATERIALSExpendable Supplies 2,400200200200200200200200200200200200200Laundry Supplies 2,400200200200200200200200200200200200200 TOTAL SUPPLIES AND MATERIALS4,800400400400400400400400400400400400400REPAIRS AND MAINTENANCEBuilding Structures 3,600300300300300300300300300300300300300Restaurant Repairs 8,400700700700700700700700700700700700700Equipment Repair 8,400700700700700700700700700700700700700 TOTAL REPAIRS AND MAINTENANCE20,4001,7001,7001,7001,7001,7001,7001,7001,7001,7001,7001,7001,700OTHER EXPENSESContract Services Cleaning 4,800400400400400400400400400400400400400Telephone 13,8001,150 1,150 1,150 1,150 1,150 1,150 1,150 1,150 1,150 1,150 1,150 1,150Cable-Roadrunner4,560380380380380380380380380380380380380Water 3,852321321321321321321321321321321321321Safety Equipment 1,200100100100100100100100100100100100100Propane Gas 12,1808508508508508508501,1801,1801,1801,1801,1801,180Flowers and Decorations 1,90000050000500050000400Building Security (Roving Patrol)60,0005,0005,0005,0005,0005,0005,0005,0005,0005,0005,0005,0005,000Miscellaneous 0000000000000 TOTAL OTHER EXPENSES102,2928,2018,2018,2018,7018,2018,2019,0318,5319,0318,5318,5318,931 TOTAL CLUBHOUSE EXPENSES127,49210,30110,30110,30110,80110,30110,30111,13110,63111,13110,63110,63111,031Expendable Supplies made up of: Locksmith, Trashbags, Lightbulbs, Mats,Items related to Maintenance of Clubhouse2022-2023 ANNUAL PLAN 6/15/202219357
SilverRock ResortRUN DATE: 10-Jun-22 02:31 PMProjections - July 2022 to June 2023PREPARED BY: Landmark Golf ManagementMISC. DEPARTMENT - 980 & 990TOTALJUL. AUG. SEP. OCT. NOV. DEC. JAN. FEB. MAR. APR. MAY JUN.12,5007,500MISC OTHER EXPENSESManagement Fee - Fixed124,48810,374 10,374 10,374 10,374 10,374 10,374 10,374 10,374 10,374 10,374 10,374 10,374FF&E Reserve (2.0%)74,9071,692 1,692 3,039 278 10,322 8,288 9,419 10,613 11,353 9,165 6,274 2,772General Liability Insurance71,0045,917 5,917 5,917 5,917 5,917 5,917 5,917 5,917 5,917 5,917 5,917 5,917Personal Property Taxes 11,8005,2000 4,000 2,60000000000282,199 23,183 17,983 23,330 19,169 26,613 24,579 25,710 26,904 27,644 25,456 22,565 19,063LEASE EXPENSESGolf Cart Leases144,00012,000 12,000 12,000 12,000 12,000 12,000 12,000 12,000 12,000 12,000 12,000 12,000Trailer Leases0000000000000Golf Course Maintenance Lease190,80015,900 15,900 15,900 15,900 15,900 15,900 15,900 15,900 15,900 15,900 15,900 15,900GPS Lease (Up-Link)34,8002,900 2,900 2,900 2,900 2,900 2,900 2,900 2,900 2,900 2,900 2,900 2,900Equipment Rental Other20,2001,150 1,150 1,150 1,150 1,950 1,950 1,950 1,950 1,950 1,950 1,950 1,950389,800 31,950 31,950 31,950 31,950 32,750 32,750 32,750 32,750 32,750 32,750 32,750 32,7502022-2023 ANNUAL PLAN 6/15/202220358
2019-2020 Annual BudgetRUN DATE: 14-Jun-22 11:33 AM PREPARED BY: Landmark Golf ManagementFOOD & BEVERAGE DEPT - 62 TOTAL JUL. AUG. SEP. OCT. NOV.DEC.JAN.FEB.MAR.APR.MAYJUN.FOOD REVENUETOTAL NUMBER OF ROUNDS41,9961,7501,7502,3502005,1004,2504,7005,1005,3004,8964,3002,300GRILL ROOM/TERRACEAVERAGE FOOD REVENUE PER ROUND$3.50$1.00$1.00$1.00$1.00$1.00$1.00$7.50$8.00$8.00$4.00$5.50$3.00 TOTAL SNACK SHOP FOOD REVENUE183,9841,7501,7502,3502005,1004,25035,25040,80042,40019,58423,6506,900119,541.00$ BEVERAGE CARTSAVERAGE FOOD REVENUE PER ROUND$1.23$1.00$1.00$1.00$1.00$1.50$1.50$1.25$1.25$1.25$1.50$1.50$1.00 TOTAL BEVERAGE CART FOOD REVENUE55,0441,7501,7502,3502007,6506,3755,8756,3756,6257,3446,4502,30037,813.00$ AVERAGE FOOD $ PER ROUND$4.73$2.00$2.00$2.00$2.00$2.50$2.50$8.75$9.25$9.25$5.50$7.00$4.00BEVERAGE REVENUETOTAL NUMBER OF ROUNDS41,9961,7501,7502,3502005,1004,2504,7005,1005,3004,8964,3002,300GRILL ROOM/TERRACEAVERAGE BEVERAGE REVENUE PER ROUND$3.50$1.50$1.50$1.50$1.50$2.50$2.50$4.00$6.00$6.00$6.00$4.50$4.50 TOTAL SNACK SHOP BEVERAGE REVENUE172,7262,6252,6253,52530012,75010,62518,80030,60031,80029,37619,35010,35047.77%75,626.00$ BEVERAGE CARTSAVERAGE BEVERAGE REVENUE PER ROUND$3.98$2.50$2.50$2.50$2.50$4.00$4.00$5.00$5.50$6.25$5.50$3.75$3.75 TOTAL BEVERAGE CART BEVERAGE REVENUE188,8784,3754,3755,87550020,40017,00023,50028,05033,12526,92816,1258,62552.23%AVERAGE BEVERAGE $ PER ROUND$12.21$4.00$4.00$4.00$4.00$6.50$6.50$6.00$11.50$12.25$11.50$8.25$8.2537,816.00$ FOOD REVENUESnack Shop/Terrace Food183,984$ 1,750$ 1,750$ 2,350$ 200$ 5,100$ 4,250$ 35,250$ 40,800$ 42,400$ 19,584$ 23,650$ 6,900$ Beverage Cart Food55,044$ 1,750$ 1,750$ 2,350$ 200$ 7,650$ 6,375$ 5,875$ 6,375$ 6,625$ 7,344$ 6,450$ 2,300$ Other Food Income-$ -$ -$ -$ -$ -$ -$ Non-Taxable Tournament Site Fees-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Special Events12,000$ -$ -$ -$ 3,000$ 3,000$ -$ -$ -$ -$ 3,000$ 3,000$ -$ TOTAL FOOD REVENUE251,028$ 3,500$ 3,500$ 4,700$ 3,400$ 15,750$ 10,625$ 41,125$ 47,175$ 49,025$ 29,928$ 33,100$ 9,200$ 9,254$ 7,063$ 17,972$ 2,621$ 32,205$ 20,946$ 30,377$ 29,047$ BEVERAGE REVENUESnack Shop/Terrace Beer & Wine103,636$ 1,575$ 1,575$ 2,115$ 180$ 7,650$ 6,375$ 11,280$ 18,360$ 19,080$ 17,626$ 11,610$ 6,210$ Snack Shop/Terrace Sodas69,090$ 1,050$ 1,050$ 1,410$ 120$ 5,100$ 4,250$ 7,520$ 12,240$ 12,720$ 11,750$ 7,740$ 4,140$ Beverage Cart Beer & Wine94,439$ 2,188$ 2,188$ 2,938$ 250$ 10,200$ 8,500$ 11,750$ 14,025$ 16,563$ 13,464$ 8,063$ 4,313$ Beverage Cart Sodas94,439$ 2,188$ 2,188$ 2,938$ 250$ 10,200$ 8,500$ 11,750$ 14,025$ 16,563$ 13,464$ 8,063$ 4,313$ TOTAL BEVERAGE REVENUE361,604$ 7,000$ 7,000$ 9,400$ 800$ 33,150$ 27,625$ 42,300$ 58,650$ 64,925$ 56,304$ 35,475$ 18,975$ 7,174$ 5,780$ 12,209$ 1,939$ 15,385$ 12,175$ 23,905$ 24,530$ TOTAL FOOD & BEVERAGE REVENUE612,632$ 10,500$ 10,500$ 14,100$ 4,200$ 48,900$ 38,250$ 83,425$ 105,825$ 113,950$ 86,232$ 68,575$ 28,175$ LESS COST OF SALES1$ COS - Food (37%)90,660$ 1,295$ 1,295$ 1,739$ 1,258$ 5,828$ 3,931$ 15,216$ 17,455$ 18,139$ 9,963$ 11,137$ 3,404$ COS - Beer & Wine (25%)49,519$ 941$ 941$ 1,263$ 108$ 4,463$ 3,719$ 5,758$ 8,096$ 8,911$ 7,772$ 4,918$ 2,631$ COS - Sodas (27%)44,153$ 874$ 874$ 1,174$ 100$ 4,131$ 3,443$ 5,203$ 7,092$ 7,906$ 6,808$ 4,267$ 2,282$ COS- Employee Meals22,800$ 1,900$ 1,900$ 1,900$ 1,900$ 1,900$ 1,900$ 1,900$ 1,900$ 1,900$ 1,900$ 1,900$ 1,900$ TOTAL COST OF SALES207,132$ 5,010$ 5,010$ 6,076$ 3,365$ 16,321$ 12,993$ 28,077$ 34,543$ 36,856$ 26,444$ 22,222$ 10,217$ GROSS PROFIT405,500$ 5,490$ 5,490$ 8,024$ 835$ 32,579$ 25,258$ 55,348$ 71,282$ 77,094$ 59,788$ 46,353$ 17,958$ SALARIES AND BENEFITSSalaries and Wages324,681$ 15,092$ 15,092$ 15,316$ 8,727$ 23,622$ 23,922$ 39,514$ 39,514$ 39,514$ 39,514$ 33,934$ 30,923$ Payroll Taxes 37,176$ 1,728$ 1,728$ 1,754$ 999$ 2,705$ 2,739$ 4,524$ 4,524$ 4,524$ 4,524$ 3,885$ 3,541$ Workers' Compensation 13,377$ 622$ 622$ 631$ 360$ 973$ 986$ 1,628$ 1,628$ 1,628$ 1,628$ 1,398$ 1,274$ Health Insurance 42,672$ 3,556$ 3,556$ 3,556$ 3,556$ 3,556$ 3,556$ 3,556$ 3,556$ 3,556$ 3,556$ 3,556$ 3,556$ TOTAL SALARIES AND BENEFITS417,905$ 20,997$ 20,997$ 21,257$ 13,641$ 30,856$ 31,203$ 49,222$ 49,222$ 49,222$ 49,222$ 42,773$ 39,293$ SUPPLIES AND MATERIALS329,821$ 26,320$ 12,748$ 14,588$ 11,052$ 21,569$ 22,292$ 32,877$ 36,800$ 47,938$ 38,800$ 37,800$ 27,037$ Expendable Supplies 4,000$ 300$ 300$ 300$ 300$ 200$ 400$ 400$ 400$ 400$ 400$ 300$ 300$ Bar Utensils 1,250$ 150$ 100$ 100$ 100$ 100$ 100$ 100$ 100$ 100$ 100$ 100$ 100$ Menus, Napkins and Placemats 3,825$ 175$ 175$ 175$ 500$ 250$ 250$ 550$ 350$ 350$ 350$ 350$ 350$ TOTAL SUPPLIES AND MATERIALS9,075$ 625$ 575$ 575$ 900$ 550$ 750$ 1,050$ 850$ 850$ 850$ 750$ 750$ REPAIRS AND MAINTENANCEEquipment Repair 5,900$ 400$ 500$ 500$ 500$ 500$ 500$ 500$ 500$ 500$ 500$ 500$ 500$ TOTAL REPAIRS AND MAINTENANCE5,900$ 400$ 500$ 500$ 500$ 500$ 500$ 500$ 500$ 500$ 500$ 500$ 500$ OTHER EXPENSESOffice Supplies 1,500$ 100$ 100$ 100$ 250$ 250$ 100$ 100$ 100$ 100$ 100$ 100$ 100$ Phone857$ 71$ 71$ 71$ 71$ 71$ 71$ 71$ 76$ 71$ 71$ 71$ 71$ Equipment Rental 1,294$ 109$ 109$ 109$ 95$ 109$ 109$ 109$ 109$ 109$ 109$ 109$ 109$ Non-Capital Equipment 600$ 50$ 50$ 50$ 50$ 50$ 50$ 50$ 50$ 50$ 50$ 50$ 50$ Uniforms 3,400$ 150$ 150$ 150$ 1,000$ 150$ 500$ 150$ 150$ 150$ 550$ 150$ 150$ Laundry and Linen 8,400$ 700$ 700$ 700$ 700$ 700$ 700$ 700$ 700$ 700$ 700$ 700$ 700$ Lease Payment-$ Bank Fees6,240$ 520$ 520$ 520$ 520$ 520$ 520$ 520$ 520$ 520$ 520$ 520$ 520$ Seminars / Training 275$ 25$ 25$ 25$ 25$ -$ 25$ 25$ 25$ 25$ 25$ 25$ 25$ Cleaning Supplies 3,596$ 250$ 250$ 250$ 250$ 250$ 250$ 346$ 350$ 350$ 350$ 350$ 350$ Flowers and Decorations2,606$ 100$ 100$ 100$ 206$ 300$ 300$ 300$ 250$ 250$ 300$ 200$ 200$ Licenses and Permits 1,800$ -$ 900$ -$ -$ -$ -$ 900$ -$ -$ -$ -$ Miscellaneous6,200$ 500$ 500$ 500$ 500$ 500$ 500$ 500$ 600$ 600$ 500$ 500$ 500$ TOTAL OTHER EXPENSES36,768$ 2,575$ 3,475$ 2,575$ 3,667$ 2,900$ 3,125$ 3,771$ 2,930$ 2,925$ 3,275$ 2,775$ 2,775$ 2,500$ 3,809$ 1,773$ 2,860$ 10,545$ 5,600$ 6,100$ 9,000$ 7,900$ 9,700$ 6,100$ 4,500$ TOTAL EXPENSES469,648$ 24,597$ 25,547$ 24,907$ 18,708$ 34,806$ 35,578$ 54,543$ 53,502$ 53,497$ 53,847$ 46,798$ 43,318$ TOTAL FOOD & BEVERAGE PROFIT (Loss)(64,148)$ (19,107)$ (20,057)$ (16,883)$ (17,874)$ (2,227)$ (10,320)$ 806$ 17,781$ 23,597$ 5,942$ (445)$ (25,360)$ 17,191.00$ (21,636)$ (13,631)$ (3,859)$ (10,762)$ 2,670$ (7,190)$ 12,709$ 14,810$ 29,130$ 16,100$ 12,450$ (13,600)$ (32,974.12)$ Supplies Expendable is made up of: Smallwares, Papergoods, First-aidUniforms- Each employee receives 4 shirts, 1 hat per season2019-2020 Annual Budget6/15/202221359
SilverRock Resort
2022-2023 Marketing Plan Narrative
OBJECTIVE: Continue to expand brand awareness for SilverRock Resort, promote the Arnold
Palmer Classic Course as a premier golf course in the Coachella Valley and increase golf
and golf-related revenues. In light of intensive ongoing construction in and around the golf
course with two luxury hotels, spa, convention center, permanent clubhouse and private
residences, it will be imperative to continually market SilverRock in a positive light during the
construction phases of the development.
The 2022-2023 Marketing Plan is built around a slightly scaled back Marketing Budget of
$192,267. The total Marketing Plan includes: print advertising, TV & radio, digital marketing,
social media, collateral materials, civic and community networking, tournament
coordinator salary, public relations, golf/consumer trade shows, supplies, internet websites
and e-mail marketing. Actual advertising budget will total $151,133 annually.
PRINT ADVERTISING
Print advertising is targeted for Coachella Valley Residents and tourist/resort golfers in local,
regional and Southern California golf and travel publications. Print advertising consists of
local newspaper, golf and travel magazines and regional directories. All print advertising
now includes a digital component that is included in each buy.
Newspaper advertising is placed in The Desert Sun “digital ads” appearing on the Desert
Sun website, mobile and App. Special promotions are designed, as needed by season,
and placed in various digital arenas.
Magazines consist of local and regional magazines such as Palm Springs Life, Golf News
Magazine, Desert Golf & Tennis, Locale Magazine, Southland Golf Magazine, Alaska Airlines,
Golfing Palm Springs, and Desert Golfing Digest. These ads vary from full page to quarter
page ads and are full color.
TV & RADIO
Television commercials (30 seconds) are placed on all three (3) local network affiliates
(CBS2, KESQ3-ABC, KMIR6-NBC) and Time Warner cable stations. For this fiscal year, there is
no Local radio ads planned in the advertising budget.
IN ROOM MEDIA
In conjunction with the Travelers Channel, currently the SilverRock commercial is showcased
in 18 local hotels representing over 3,500 hotel rooms throughout the Coachella Valley.
The Travelers Channel operates in each hotel, and becomes the hotels local in room
concierge. The Travelers Channel primary goal is to visually promote the local area, points
of interest, history, services, restaurants, shopping, and to help visitors enjoy their stay.
DIGITAL MARKETING
The marketing plan includes website display banners through the geo target channels like
ESPN LA, GolfChannel.com, PGA.com, SCGA.com, and anyone searching keywords such
as Golf, Best Golf Courses, Tee Times in Greater Palm Springs/La Quinta producing 10 million
impressions. Included in this 2022-2023 Marketing Plan is an ongoing partnership to
continue a strong presence in the digital marketing sector.
6/15/2022 22 360
SOCIAL MEDIA, APPS, & MOBILE WEBSITES
Social media has proven to be a very successful, powerful and cost effective method of
promoting SilverRock. There will be a continued effort and focus on social media including
enhancing SilverRock’s Facebook “fan base” which has generated nearly 20,000 likes and
has been very effective way of communicating SilverRock’s news and information.
Increased presence will continue this year on Facebook, Twitter, Yelp, Instagram, Golf
Advisor, Google, and YouTube. All online reviews are acknowledged and responded to
within 48 hours of a post. These methods of advertising and promotion are truly cost
effective as they have minimal costs or no cost at all associated with these marketing
avenues.
Currently, the majority of tee times are booked online; a continued emphasis on the mobile
website booking interface that allows visitors to navigate SilverRock’s website more
efficiently and effectively will again be a priority for 2022-2023. This past year, SilverRock’s
website was updated to a new platform as a new online booking engine which allows
golfers to book online. The SilverRock website is a responsive website which allows any user
with a PC, tablet or mobile phone to navigate the SilverRock website.
SilverRock also offers a free App (available on both Droid and iPhones) which also allows
golfers to book tee times instantly through the App with no booking fees.
JUNIOR GOLF
SilverRock will continue to support local Junior Golf by offering Junior Lessons, Junior Rates
and being a host course for the La Quinta High School Boys and Girls Golf Teams. SilverRock
will also continue to participate in SCGA’s Youth on Course program which will provide
juniors in Southern California another avenue to have access to golf courses at affordable
green fees.
COLLATERAL MATERIALS
Rack cards, scorecards, and information packets presenting SilverRock Resort are used as
marketing tools for SilverRock Resort. Printed material will be produced, as needed, to
promote SilverRock Resort as a former Home Course of the Bob Hope Classic 2008-2011.
CIVIC AND COMMUNITY NETWORKING AND TRADESHOWS
SilverRock Resort is positioned as a community-friendly golf facility and is committed to
developing strong relationships with community organizations such as the Greater
Coachella Valley Chamber of Commerce and various local service organizations.
At various venues locally and around Southern California, trade shows and expos are held
that provide an opportunity to promote SilverRock Resort. These trade shows and expos are
focused on tourism, golf and golf equipment/apparel, recreation, weddings and other
related industries and businesses. SilverRock will continue to partner with regional and local
magazines in these trade shows.
TOURNAMENTS & GROUP OUTINGS
A continued concentrated effort to attract corporate and group outings will be positioned
through various networking opportunities. Tournament business represents a large portion of
outside play and is an important component of SilverRock’s success.
6/15/2022 23 361
362
City of La Quinta
CITY COUNCIL MEETING: June 21, 2022
STAFF REPORT
AGENDA TITLE: ADOPT RESOLUTION TO APPROVE FISCAL YEAR 2022/23
BUDGET AND ESTABLISH THE CITY’S APPROPRIATIONS LIMIT
RECOMMENDATION
Adopt a resolution to approve the Fiscal Year 2022/23 Budget and establish
the City’s appropriations limit.
EXECUTIVE SUMMARY
The 2022/23 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 ($14,036,811).
The Financial Advisory Commission and Housing Authority Commission
have unanimously approved the recommended budget.
FISCAL IMPACT
The Proposed Budget anticipates total revenues of $111,213,788 and total
expenditures of $106,251,217 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 2022/23 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 2022/23
D – Fiscal Year 2022/23 CIP Summary
E – Appropriations Limitation Calculation (Gann Limit)
F – Fiscal Year 2022/23 Personnel Schedule
BUSINESS SESSION ITEM NO. 6
363
ALTERNATIVES
Council may further adjust the various appropriations included in the
recommended 2022/23 Operating and Capital Improvement Program
budgets.
Prepared by: Claudia Martinez, Finance Director/City Treasurer
Approved by: Jon McMillen, City Manager
Attachment: 1. 2022/23 Proposed Budget Overview
364
RESOLUTION NO. 2022 - XXX
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA,
ESTABLISHING THE CITY’S APPROPRIATION
LIMIT FOR FISCAL YEAR 2022/23 AND
APPROVING A BUDGET FOR FISCAL YEAR
2022/23
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 2022/23 is $161,412,270.
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 2022/23 was
365
Resolution No. 2022 – XXX
Budget Approval FY 2022/23
Adopted: June 21, 2022
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 2022/23 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 2021/22 are approved in the Fiscal Year
2022/23 budget in an amount not to exceed $2,253,100 (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 funds 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 shows estimated amounts, final amounts
will be published in the Fiscal Year 2021/22 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.
366
Resolution No. 2022 – XXX
Budget Approval FY 2022/23
Adopted: June 21, 2022
Page 3 of 3
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta City Council held on this 21st day of June 2022, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
__________________________
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
___________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
367
Description/Program Account Number Account Name Estimated
Class and Compensation study 101-6004-60103 Professional Services 60,000$
Marketing efforts to attract group business to hotels 101-1007-60536 TOT Resort Rebate Program 200,000$
Vehicle purchase/improvements 101-2001-71031 Vehicles 40,000$
Vehicle purchase/improvements 101-2002-71031 Vehicles 40,000$
Emergency Operations Center equipment 101-2002-80101 Machinery & Equipment 400,000$
Postponement of citywide events 101-3003-60149 Community Experiences 150,000$
X-Park programming 101-3003-60190 X-Park Programming 90,000$
Park Landscape Improvements & tree removal 101-3005-60691 Maintenance/Services 100,000$
La Quinta's share of the CVAG Art & Music Line 101-7006-60480 Contributions to Other Agencies 324,100$
$ 1,404,100
Park lighting upgrades 215-7004-60431 Materials & Supplies $ 300,000
Gold Star Family Monument 270-0000-74800 Art Purchases $ 24,000
Vehicle purchase/improvements 501-0000-71031 Vehicles, Purchased $ 135,000
Heavy machinery/equipment purchase 501-0000-80100 Machinery & Equipment $ 200,000
Council Chambers A/V equipment 502-0000-80100 Machinery & Equipment $ 100,000
Playground replacement 503-0000-71060 Parks $ 90,000
$ 849,000
$ 2,253,100
Continuing Appropriations/Carryovers from 2021/22 to 2022/23
GENERAL FUND CARRYOVERS
SPECIAL FUNDS CARRYOVERS
TOTAL CARRYOVERS FOR ALL FUNDS
NOTE: In June 2022 when the budget is adopted, all carryovers are estimates based on projected invoices to end fiscal year
2021/22. Upon completion of the final audit (approx. October 2022), Finance verifies account balances and makes additional
carryover recommendations based on current budgetary needs.
CITY OF LA QUINTA
RESOLUTION NO. 2022-XXX
EXHIBIT A
FY 2022/23 ADOPTED BUDGET
368
ESTIMATED COMMITTED
FUND BALANCE
ESTIMATED AT
6-30-2022
LOAN
PAYMENT TO
GENERAL
FUND FROM
SUCCESSOR
AGENCY
OPERATING
SURPLUS
/(SHORTFALL)
ESTIMATED AT
6-30-2023
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 27,170,000$ 2,695,746$ $ 316,826 30,182,572$
TOTAL COMMITTED RESERVES 63,170,000$ 2,695,746$ $ 316,826 66,182,572$
SUMMARY
RESERVES 6/30/22 63,170,000$
NET CHANGE 3,012,572$
RESERVES 6/30/23 66,182,572$
CALCULATION FOR FORMER REDEVELOPMENT AGENCY LOAN REPAYMENT
FY 2022/23 Approved Repayment
Fund Total Repayment Distribution % Distribution $
General Fund 3,369,682$ x 80% =2,695,746
Housing Fund 3,369,682$ x 20% = 673,936
3,369,682$
ESTIMATED ASSIGNED
FUND BALANCE
ESTIMATED AT
6-30-2022 ADDITIONS DELETIONS
ESTIMATED AT
6-30-2023
SALES TAX (MEASURE G)13,239,241$ 3,353,000$ -$ 16,592,241$
PUBLIC SAFETY FIRE SERVICE TRUST 12,800,000$ -$ -$ 12,800,000$
CARRYOVERS AND CAPITAL
PROJECTS (GENERAL FUND ONLY)17,404,100$ -$ -$ 17,404,100$
PENSION TRUST FUND 10,419,000$ 100,000$ -$ 10,519,000$
OTHER POST EMPLOYMENT
BENEFITS TRUST FUND 2,025,000$ 10,000$ -$ 2,035,000$
TOTAL ASSIGNED RESERVES 55,887,341$ 3,463,000$ -$ 59,350,341$
CITY OF LA QUINTA
GENERAL FUND RESERVES OVERVIEW
Based on Proposed Budget for 2022/23
ESTIMATED FOR 6-30-2023
Net change, $3,012,572
CITY OF LA QUINTA
RESOLUTION NO. 2022-XXX
EXHIBIT B
FY 2022/23 ADOPTED BUDGET
369
370
ATTACHMENT 1
2022/23 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 $316,826, a summary of revenues
by category and expenses by department is in Exhibit A. Upon
adoption, Finance will prepare the final budget document which will
be available to the public on the City’s website.
Our priority for the FY 2022/23 budget is to improve our long-term
fiscal health while making strategic investments in our community
priorities and existing commitments. While we are grateful for our
current financial position, challenges remain that require a fiscally
prudent approach by the City. We must and will continue to spend
wisely to deliver the services our community depends upon, while
strengthening our reserve funds.
The 2022/23 proposed budget was presented at various public
meetings held between April and June. Since the June 7, 2022, study
session, the following items have been incorporated into the 2022/23
budget.
TOT, Hotels- Increase of $300,000 due to actual revenue
collections in FY 2021/22 along with the continuation of events
and festivals in FY 2022/23
Fire Service Credit- Increase of $200,000 due to updated
current year estimates projected to continue through FY 22/23
Parks Maintenance Division- Decrease of $5,150 in expenses
related to the citywide landscape services and lake and pool
maintenance final contract amounts
Revenues 68,321,100$
Less Operating/CIP Expenses (64,651,274)
Preliminary Budget Surplus 3,669,826
Less Measure G Reserves (3,353,000)
BUDGET SURPLUS 316,826$
GENERAL FUND
FY 2022/23 PROPOSED BUDGET
371
Central Services- Increase of $600,000 transfer out to the Lighting and
Landscape Fund to supplement operations which will address the priority of
the community to enhance community parks
MEASURE G 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 33 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.
A new special fund has been created to recognize the federal government granted
funds to states and localities for the opportunity to make strategic investments in
broadband infrastructure, services and programs to contain and mitigate the spread
of COVID-19, including capital investments in public facilities, and investments in
housing and neighborhoods. The Final Rule governing the use of funds from the
American Rescue Plan Act (ARPA) significantly increased flexibility for municipalities
to use a standard allowance of up to $10 million for the revenue loss category. This
one-time funding can be used for general government services which includes any
service traditionally provided by a government, examples can include road
maintenance and other infrastructure, general government administration,
environmental remediation, provision of public safety services, and affordable
housing.
The City of La Quinta is due to receive a total of $9,987,009, half of which was
received in FY 2021/22 and the second tranche will be received by August of 2022.
Potential uses of this funding will be discussed at a future Council meeting.
Measure G Sales Tax Revenue 13,500,000$
Police Services (5,100,000)
Capital Improvements (5,047,000)
Available for Appropriation 3,353,000$
MEASURE G SALES TAX SUMMARY
372
CAPITAL IMPROVEMENT PROGRAM (CIP)
The Capital Improvement Program budget reflects the five-year plan adopted by
Council and a summary of funded projects is located in Exhibit D.
ENTERPRISE FUNDS
SilverRock Golf Resort operates under two funds, an operating fund and a capital
replacement reserve fund.
The SilverRock Golf Resort Fund annual management plan is being presented to City
Council on the same night as this report. Readers are encouraged to read the full
annual plan for details on revenues and expenditures. Highlights include impacts
from ongoing construction, a minimum wage increase, and a golf course
management fee increase of five percent (5%). It is anticipated that SilverRock
operations and the budget will require continuous monitoring and adjustments
during the 2022/23 fiscal year as the increased construction will impact operations.
2022/23 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 2022/23 is $161,412,270. This means that the City must not
spend revenues in excess of this limitation. City revenues subject to the Gann Limit
are $67,321,000; therefore, the City is significantly below the limit by a margin of
$94,091,270 (Exhibit E).
2022/23 PERSONNEL SCHEDULE
Exhibit F summarizes the citywide personnel schedule for 2022/23 and includes 91
full-time and 8.87 part-time positions.
2022/23 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 2021/22 but will not be completed, fulfilled, or paid for by the end of the
fiscal year. The continuing appropriations total is $2,253,100; of this amount
$1,404,100 are General Fund carryovers, and $849,000 are Special Funds. These
unexpended funds remain available, but Council approval is needed to re-
appropriate them for use in 2022/23 (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 2021/22 year-end
budget report.
373
Exhibit B to the Budget Resolution depicts total General Fund reserves currently
estimated to end 2021/22 at $63,170,000 with a projected increase of $3,012,572
to $66,182,572 during fiscal year 2022/23. Project fund balances for Measure G
sales tax, public safety fund, fire services trust fund, carryovers/capital projects,
pension and other employee benefit trusts are also provided.
Despite the challenges that we face in the upcoming year, the dedication of our City
staff, Executive team, and leadership of the City Council will help us fund vital
services for our community. The City is committed to adopting a structurally
balanced budget, any changes based on discussions during this meeting will be
incorporated in the final adopted budget.
374
ESTIMATED CURRENT RESOURCES:
REVENUES:
TAXES 54,946,700$
LICENSES & PERMITS 2,823,200
INTERGOVERNMENTAL 7,853,000
CHARGES FOR SERVICES 1,081,100
FINES & ASSESSMENTS 462,000
OTHER/MISCELLANEOUS 1,155,100
TOTAL ESTIMATED CURRENT RESOURCES 68,321,100$
ESTIMATED CURRENT REQUIREMENTS:
EXPENDITURES:
CITY COUNCIL 351,400$
CITY MANAGER'S DEPARTMENT 2,809,668
CITY MANAGER'S OFFICE 1,177,540
MARKETING/COMMUNITY RELATIONS 1,632,128
CITY ATTORNEY 796,000
CITY CLERK'S DEPARTMENT 1,257,526
COMMUNITY RESOURCES (CR) 31,848,782
HUMAN RESOURCES 495,698
POLICE 18,185,900
FIRE 8,851,872
CR ADMINISTRATION 880,480
WELLNESS CENTER OPERATIONS 682,102
RECREATION PROGRAMS/SPECIAL EVENTS 1,088,734
CODE COMPLIANCE/ANIMAL CONTROL 1,663,996
PUBLIC WORKS 7,515,470
PARKS MAINTENANCE 3,042,072
PUBLIC BUILDINGS 1,390,052
PUBLIC WORKS ADMINISTRATION 794,862
DEVELOPMENT SERVICES 512,960
STREETS 754,768
ENGINEERING SERVICES 1,020,756
DESIGN & DEVELOPMENT (D&D) 4,029,498
D&D ADMINISTRATION 756,824
PLANNING 744,830
BUILDING 1,291,362
THE HUB 1,236,482
FISCAL SERVICES 16,042,930
FINANCE 1,595,830
CENTRAL SERVICES (Includes CIP)14,447,100
TOTAL ESTIMATED CURRENT REQUIREMENTS 64,651,274$
PRELIMINARY BUDGET SURPLUS 3,669,826$
LESS MEASURE G SALES TAX RESERVES (3,353,000)
BUDGET SURPLUS/(DEFICIT) 316,826$
CITY OF LA QUINTA
GENERAL FUND REVENUES AND EXPENDITURES BY DEPARTMENT/DIVISION
FISCAL YEAR 2022/23 ADOPTED BUDGET
CITY OF LA QUINTA
EXHIBIT A
FY 2022/23 ADOPTED BUDGET
375
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 Actual 12,594,389
2021/22 Budget 13,500,000
2022/23 Budget (Proposed)13,500,000
TOTAL 72,293,340$
Year
Earned
Reserve
Allocation
Year Operational Capital Reserves Total by Year
2016/17 Eisenhower Dr. Retention Basin 201704MG 750,000
2016/17 X-Park Funding 151609MG 712,650 - 1,462,650
2017/18 Public Safety Fund 300,000
North La Quinta Landscape Improvements 201603MG 1,802,576
Citywide Drainage Enhancements 151612MG 2,407,373
La Quinta Village Road Diet Project 151603MG 1,972,158
2018/19 X-Park Funding 151609MG 147,350
2019/20 Alongi Building Improvements 201806 800,000
2019/20 SilverRock Event Site 201608MG 321,900
2020/21 SilverRock Event Site 201608MG 244,700
2020/21 Alongi Building at SilverRock Event Site 201806 160,000
2020/21 SilverRock Event Site 201608MG 290,000
2020/21 SilverRock Event Site Retention Basin 202007MG 10,000
2020/21 SilverRock Event Site Retention Basin 202007MG 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 151612MG 194,730
North La Quinta Landscape Improvements 201603MG 2,129,613
SilverRock Event Site 201608MG 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 2018056MG 411,013
Highway 111 Corridor Improvements 201905MG 1,000,000
North La Quinta Landscape Improvements 201603MG 3,703,369
Village Art Plaza Promenade 201901MG 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 151609MG 275,000
Highway 111 Corridor Improvements 201905MG 250,000
Measure G Reserves 2020/21 7,524,389 12,594,389
2021/22 Public Safety Contract Services 5,163,000
Landscape Renovation Improvements 201603MG 1,408,356
Highway 111 Corridor Improvements 201905MG 1,000,000
Fritz Burns Park Improvements 350,000
Allocate Bridge Funding 111205 7,468,061
Measure G Reserves 2021/22 (1,889,417) 13,500,000
2022/23 Public Safety Contract Services 5,100,000
Landscape Renovation Improvements 201603MG 500,000
La Quinta Skate Park Conversion 201903MG 500,000
Sports Complex Lighting 202204MG 250,000
Village Underground Utilities Feasibility 202206MG 100,000
ADA Transition Plan Update 202209MG 150,000
Village Parking Lot 202211MG 500,000
Phase II Public Safety Camera System 202213MG 1,797,000
Smart Infrastructure Feasibility 202213MG 250,000
Highway 111 Corridor Improvements 201905MG 1,000,000
Measure G Reserves 2022/23 3,353,000 13,500,000
TOTAL 20,808,000$ 34,893,099$ 16,592,241$ 72,293,340$
29%48%23%
MEASURE G REVENUES AND USES SUMMARY
MEASURE G USES
CITY OF LA QUINTA
EXHIBIT B
FY 2022/23 ADOPTED BUDGET
376
FUND
#FUND NAME
TOTAL
REVENUES
TOTAL
EXPENSES
SURPLUS /
(DEFICIT)
101 GENERAL FUND 68,321,100 68,004,274 316,826
105 DISASTER RECOVERY FUND 5,003,505 - 5,003,505
201 GAS TAX FUND 2,691,011 2,687,351 3,660
202 LIBRARY & MUSEUM FUND 2,867,000 1,909,146 957,854
203 PUBLIC SAFETY FUND 2,000 - 2,000
210 FEDERAL ASSISTANCE FUND (CDBG)156,000 152,600 3,400
212 SLESF (COPS)101,000 100,000 1,000
215 LIGHTING & LANDSCAPING FUND 2,483,300 2,465,376 17,924
220 QUIMBY FUND 25,000 - 25,000
221 AB 939 - CALRECYCLE 64,000 150,000 (86,000)
223 MEASURE A FUND 1,875,000 3,882,000 (2,007,000)
225 INFRASTRUCTURE FUND - - -
226 EMERGENCY MANAGEMENT PERFORMANCE
FUND 12,100 12,000 100
227 STATE HOMELAND SECURITY PROGRAM 5,000 5,000 -
230 CASp FUND, AB 1379 20,200 5,500 14,700
235 SO COAST AIR QUALITY FUND 54,400 46,500 7,900
241 HOUSING AUTHORITY FUND 1,451,500 1,712,670 (261,170)
243 RDA LOW-MOD HOUSING FUND 20,000 250,000 (230,000)
247 ECONOMIC DEVELOPMENT FUND 15,000 21,500 (6,500)
249 SA 2011 LOW/MOD BOND 25,000 20,000 5,000
250 TRANSPORTATION DIF 1,020,000 500,000 520,000
251 PARKS & RECREATION DIF 501,000 500,000 1,000
252 CIVIC CENTER DIF 301,000 250,000 51,000
253* LIBRARY DEVELOPMENT DIF 75,000 15,000 60,000
254 COMMUNITY CENTER DIF 152,000 - 152,000
255 STREET FACILITY DIF 10,000 - 10,000
256 PARK FACILITY DIF - - -
257 FIRE PROTECTION DIF 101,000 - 101,000
259 MAINTENANCE FACILITIES DIF FUND 75,500 - 75,500
270 ART IN PUBLIC PLACES FUND 153,000 177,000 (24,000)
275 LQ PUBLIC SAFETY OFFICER FUND 2,200 - 2,200
310 LQ FINANCE AUTHORITY FUND 1,100 1,100 -
401 CAPITAL IMPROVEMENT PROGRAMS 13,136,811 13,136,811 -
405 SA PA1 CAPITAL IMPROVEMENT BOND 1,000 - 1,000
501 FACILITY & FLEET REPLACEMENT FUND 1,685,000 1,608,750 76,250
502 INFORMATION TECHNOLOGY FUND 2,256,708 2,258,054 (1,346)
503 PARK EQUIP & FACILITY FUND 470,000 545,000 (75,000)
504 INSURANCE FUND 1,020,400 984,100 36,300
601 SILVERROCK RESORT FUND 4,865,453 4,782,135 83,318
602 SILVERROCK GOLF RESERVE FUND 79,000 - 79,000
760 SUPPLEMENTAL PENSION PLAN 5,500 12,850 (7,350)
761 CERBT OPEB TRUST (HEALTH BENEFITS)10,000 1,500 8,500
762 PARS PENSION TRUST 100,000 55,000 45,000
111,213,788 106,251,217 4,962,571
SUMMARY OF REVENUES AND EXPENDITURES BY FUND FOR 2022/23
GRAND TOTAL
* This fund has an outstanding inter-agency loan due to the Successor Agency.
CITY OF LA QUINTA
EXHIBIT C
FY 2022/23 ADOPTED BUDGET
377
Project No. Project Total Funding
2223ADA ADA Accessible Ramps - Various Locations 20,000$
2223CPM Citywide Preventative Maintenance Plan Improvements 50,000$
2223PMP Pavement Management Plan Street Improvements 1,500,000$
2223STI Sidewalks - Various Locations 55,000$
2223TMI Citywide Traffic Signal Maintenance Improvements 235,000$
2223DRA Citywide Drainage Enhancements 477,000$
201702 Developer Reimbursement for DIF Eligible Improvements 400,000$
201709 Jefferson St. at Avenue 53 Roundabout 630,000$
201804 Landscape and Lighting Median Island Improvements 500,000$
201903 La Quinta Skate Park Conversion 633,000$
201905 Highway 111 Corridor Area Plan Implementation 1,000,000$
202102 Fritz Burns Park Improvements 500,000$
202201 Avenue 50 Pavement Rehabilitation (Washington Street to Eisenhower Drive)1,100,000$
202202 City Hall Capacity Improvements 800,000$
202203 Fred Waring Drive Pavement Rehabilitation (Washington Street to Adams Street)1,470,211$
202204 Sports Complex Lighting Replacement 250,000$
202205 Avenue 50 Widening Improvements (Jefferson Street to Madison Street)100,000$
202206 Village Undergrounding Project (Feasibility Study)100,000$
202207 Highway 111 at Jefferson Street Rehabilitation 487,000$
202208 Citywide Miscelleneous ADA Improvement Projects 132,600$
202209 ADA Transition Plan Update 150,000$
202210 Moon River Drive Pavement Rehabilitation (Ave 50 to DSUSD ROW)400,000$
202211 Village Parking Lot 500,000$
202212 Phase II Camera System 1,797,000$
202213 Smart Infrastructure Improvements (feasibility study/plan)250,000$
202214 Avenue 52 Pavement Rehabilitation (Madison Street to Monroe Street)500,000$
TOTAL:14,036,811$
TEAL: Measure G Funds $5,047,000 (36%)
ORANGE: General Funds $2,735,000 (19.5%)
Special Revenue Funds $1,432,600 (10%)
Color Key
WHITE: Measure A and SB1 RMRA Funds $4,822,211 (34.5%)
2022/23 CAPITAL IMPROVEMENT PROGRAM SUMMARY
CITY OF LA QUINTA
EXHIBIT D
FY 2022/23 ADOPTED BUDGET
378
City of La Quinta
Gann Limit Appropriation Calculation (Page 1 of 2)
FY 2022/23
(1)(2)(3)(4)(5)(6)(7)(8)(9)
($)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 (2)0.67%N/A N/A 3.73%141,103,621 49,433,000
21-22 141,103,621 40,906 41,247 (2)0.83%N/A N/A 5.73%150,427,126 57,775,110
22-23 150,427,126 37,949 37,860 (2)-0.23%N/A N/A 7.55%161,412,270 67,321,000
(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.
CITY OF LA QUINTA
EXHIBIT E
FY 2022/23 ADOPTED BUDGET
379
(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 2022/23 is $161.4 million. "Proceeds of taxes" are projected to be $67.3 million in FY 2022/23 allowing
the City a margin of $94.1 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
180,000,000
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 22-23
CITY OF LA QUINTA
SPENDING LIMIT VERSUS APPROPRIATION OF PROCEEDS OF TAXES
Spending Limit
Appropriation of Proceeds of Taxes
CITY OF LA QUINTA
EXHIBIT E
FY 2022/23 ADOPTED BUDGET
380
Adopted Adopted Proposed
Funding Source Personnel Schedule 2020/21 2021/22 2022/23
General Fund Mayor & City Council 5 5 5
TOTAL 5 5 5
Adopted Adopted Proposed
Funding Source Personnel Schedule 2020/21 2021/22 2022/23
General Fund Administrative Assistant 1 1 1
General Fund City Clerk Director 0.9 0.9 0.9
Housing Authority City Clerk Director 0.1 0.1 0.1
General Fund Deputy City Clerk 1 1 1
General Fund Management Assistant 1 1 1
General Fund Permit Technician 0 0 2
TOTAL 4 4 6
Adopted Adopted Proposed
Funding Source Personnel Schedule 2020/21 2021/22 2022/23
General Fund City Manager 0.8 0.8 0.8
Housing Authority City Manager 0.2 0.2 0.2
General Fund Director (Business Unit & Housing Development) 0.6 0.6 0.6
Housing Authority Director (Business Unit & Housing Development) 0.4 0.4 0.4
Housing Authority Management Analyst 0.6 0.6 0.6
Information Technology Management Analyst 0.4 0.4 0.4
General Fund Management Assistant 0.2 0.2 0.2
Housing Authority Management Assistant 0.8 0.8 0.8
General Fund Management Specialist 2.4 2.4 2.4
Housing Authority Management Specialist 0.6 0.6 0.6
General Fund Marketing Manager 1 1 1
TOTAL 8 8 8
Adopted Adopted Proposed
Funding Source Personnel Schedule 2020/21 2021/22 2022/23
General Fund Administrative Assistant 2 2 2
General Fund Administrative Technician 1.6 1.6 2.8
Library & Museum Administrative Technician 0.4 0.4 0.2
General Fund Animal Control/Code Compliance Supervisor 1 1 1
General Fund Code Compliance Officer I 1 2 2
General Fund Code Compliance Officer II 4 4 4
General Fund Community Resources Coordinator 1 1 1
General Fund Community Resources Director 0.7 0.7 0.7
General Fund Community Resources Director 0.15 0.15 0.15
Library & Museum Community Resources Director 0.15 0.15 0.15
General Fund Community Resources Manager 0.4 0.4 0.4
Wellness Center Community Resources Manager 0.4 0.4 0.4
Library & Museum Community Resources Manager 0.2 0.2 0.2
General Fund Community Resources Specialist 1 1 1
General Fund Human Resources Analyst 1 1 1
General Fund Community Resources Analyst 0.8 0.8 0.8
Library & Museum Community Resources Analyst 0.2 0.2 0.2
General Fund Management Assistant 1 1 1
General Fund Public Safety Manager 0.8 0.8 0.8
Adopted Adopted Proposed
CITY COUNCIL
CITY CLERK'S DEPARTMENT
CITY MANAGER'S DEPARTMENT
COMMUNITY RESOURCES
COMMUNITY RESOURCES - continued
CITY OF LA QUINTA PERSONNEL SUMMARY DIVISION
EXHIBIT F
FY 2022/23 ADOPTED BUDGET
381
Funding Source Personnel Schedule 2020/21 2021/22 2022/23
General Fund Public Safety Manager 0.2 0.2 0.2
General Fund Part-Time Administrative Technician 1 0.97 0
General Fund Part-Time Recreation Leader 8 5.96 5.96
General Fund Part-Time Senior Recreation Leader 2 1.94 1.94
General Fund Senior Emergency Management Coordinator 1 1 1
TOTAL 30 28.87 28.9
Adopted Adopted Proposed
Funding Source Personnel Schedule 2020/21 2021/22 2022/23
General Fund Administrative Assistant 1 1 1
General Fund Assistant Construction Manager 1 1 1
General Fund Associate Engineer 1 1 1
General Fund Public Works Director/City Engineer 1 1 1
General Fund Construction Inspector 2 2 2
General Fund Facilities Deputy Director 0.5 0.5 0.5
General Fund Facilities Deputy Director 0.5 0.5 0.5
Gas Tax Fund Maintenance Foreman 1 1 1
General Fund Maintenance & Operations Coordinator 1 1 1
Gas Tax Fund Maintenance Worker I 2 2 2
General Fund Maintenance Worker I 2.5 2.5 2.5
Lighting & Landscape Maintenance Worker I 1.5 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 2.5 2.5 2.5
Lighting & Landscape Management Analyst 0.5 0.5 0.5
General Fund Management Assistant 1 1 1
General Fund Parks/L&L Foreman 0.5 0.5 0.5
Lighting & Landscape Parks/L&L Foreman 0.5 0.5 0.5
General Fund Traffic Operations Analyst 1 1 1
General Fund Traffic Signal Technician 2 2 2
TOTAL 27 27 27
Adopted Adopted Proposed
Funding Source Personnel Schedule 2020/21 2021/22 2022/23
General Fund Administrative Assistant 2 2 2
General Fund Administrative Technician 0 1 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 0 0
General Fund Hub Manager 1 1 1
General Fund Part-Time Software Program Report Writer 0 0.97 0.97
General Fund Permit Technician 5 5 6
General Fund Planning Manager 1 1 1
General Fund Plans Examiner 1 1 1
Adopted Adopted Proposed
Funding Source Personnel Schedule 2020/21 2021/22 2022/23
General Fund Sr.Building Inspector/Plans Examiner 0 0 1
General Fund Senior Planner 1 1 1
DESIGN AND DEVELOPMENT
PUBLIC WORKS
DESIGN AND DEVELOPMENT - continued
CITY OF LA QUINTA PERSONNEL SUMMARY DIVISION
EXHIBIT F
FY 2022/23 ADOPTED BUDGET
382
TOTAL 18 18.97 20.97
Adopted Adopted Proposed
Funding Source Personnel Schedule 2020/21 2021/22 2022/23
General Fund Account Technician 3 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 1 1 1
TOTAL 9 9 9
TOTAL NUMBER OF ELECTED OFFICIALS 555
TOTAL NUMBER OF PART-TIME EMPLOYEES 11 9.84 8.87
TOTAL NUMBER OF FULL-TIME EMPLOYEES 85 86 91
TOTAL NUMBER OF EMPLOYEES 101 100.84 104.87
FINANCE
CITY OF LA QUINTA PERSONNEL SUMMARY DIVISION
EXHIBIT F
FY 2022/23 ADOPTED BUDGET
383
384
City of La Quinta
HOUSING AUTHORITY MEETING: June 21, 2022
STAFF REPORT
AGENDA TITLE: ADOPT RESOLUTION TO APPROVE FISCAL YEAR 2022/23
LA QUINTA HOUSING AUTHORITY BUDGET
RECOMMENDATION
Adopt a Resolution of the La Quinta Housing Authority approving the fiscal year
2022/23 Housing Authority Budget.
EXECUTIVE SUMMARY
•Annually, the budget for the La Quinta Housing Authority is prepared and
submitted for the Housing Authority’s review and approval.
•The Housing Commission reviewed and approved the Housing Authority’s
Budget.
•The Housing Fund (241) includes operating revenue of $1,451,500 and
total expenditures of $1,712,670. The shortfall ($261,170) will be
covered by fund balance (estimated at $11.8 million).
•The RDA Low-Mod Fund (243) recognizes loan repayments in unassigned
reserves. The loan repayment for 2022/23 will be $673,936. Expenditures
for this fund total $250,000.
•Low/Moderate Bond Funds (249) are for the acquisition of real property
and the evaluation of future affordable housing projects.
FISCAL IMPACT
Project expenditures for all Housing Funds are $1,982,670 with revenues of
$2,170,436 (inclusive of the loan repayment). Twenty percent ($673,936) of
the annual loan repayments from the Successor Agency are designated for
housing (eighty percent goes to the General Fund).
BACKGROUND/ANALYSIS
The Housing Authority reviewed and commented on the proposed budget on
June 7, 2022. Staff provided an overview of the proposed budget to the
Housing Commission on June 8, 2022. There were no further recommendations
for adjustments from these study sessions.
BUSINESS SESSION ITEM NO. 7
385
Line item details for revenues and expenses are located in Attachment 1.
ALTERNATIVES
The Authority may further adjust the various appropriations.
Prepared by: Claudia Martinez, Finance Director/City Treasurer
Approved by: Jon McMillen, Executive Director
Attachment: 1. Fiscal Year 2022/23 Housing Authority Budget
386
RESOLUTION NO. HA 2022 – XXX
A RESOLUTION OF THE HOUSING AUTHORITY OF
THE CITY OF LA QUINTA, CALIFORNIA,
APPROVING FISCAL YEAR 2022/23 BUDGET
WHEREAS, each year the La Quinta Housing Authority adopts a Budget
for Revenues and Expenditures for the upcoming Fiscal Year; and
WHEREAS, the Housing Authority desires to make provisions for a level
of services commensurate with the needs of the City; and
WHEREAS, the Housing Authority has reviewed said budget and has had
several public meetings to receive public input; and
WHEREAS, the Housing Authority has, after due deliberation and
consideration, made such amendments in the proposed budget as it considers
desirable; and
NOW, THEREFORE, BE IT RESOLVED by the La Quinta Housing
Authority to adopt, as follows:
SECTION 1. The Fiscal Year 2022/23 Budget, which is on file with the La
Quinta Housing Authority Secretary, is hereby approved.
SECTION 2. Budget adjustment procedures are approved as follows:
A. Additional appropriations and the transfer of cash or unappropriated fund
balance from one fund to another shall be made only upon Housing
Authority approval.
B. Transfers of budgeted appropriations between divisions or capital projects
shall be made only upon Housing Authority approval.
C. Transfers of budgeted appropriations between accounts within a division
or capital project may be made with the approval of the Executive
Director or his designee.
D. Prior year budget continuing Appropriations and Encumbrances for
unexpended capital project appropriations remaining from uncompleted
prior year capital projects shall be made with Executive Director approval.
These carry-over appropriations are for prior year Housing Authority
approved capital projects and shall not exceed the approved project
budget.
387
Resolution No. HA 2022 - XXX
Budget Approval FY 2022/23
Adopted: June 21, 2022
Page 2 of 2
SECTION 3. The Executive Director shall render a monthly report on the
status of City operations as it relates to the approved budget and any
amendments thereto.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta Housing Authority held on this 21st day of June 2022, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________
STEVE SANCHEZ, Chairperson
La Quinta Housing Authority,
California
ATTEST:
______________________________
MONIKA RADEVA, Authority Secretary
La Quinta Housing Authority, California
(AUTHORITY SEAL)
APPROVED AS TO FORM:
________________________________
WILLIAM H. IHRKE, Authority Attorney
La Quinta Housing Authority, California
388
2022 232022CITY OFLA QUINTA
ADOPTED BUDGET
HOUSING AUTHORITY
ATTACHMENT 1
389
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390
Housing Fund Revenues 2021/22 Current 2022/23 Adopted
Variance
Current vs.
Adopted
% Change
241 - Housing Authority 1,666,400 1,451,500 (214,900)-13%
243 - RDA Low-Mod Housing 35,000 20,000 (15,000) -43%
249 - SA 2011 Low/Mod Bond 201,000 25,000 (176,000) -88%
Total Revenues 1,902,400 1,496,500 (405,900) -21%
RDA Loan Repayment 660,722 673,936 13,214
Total Operating Revenues 2,563,122 2,170,436 (392,686)
Housing Fund Expenditures 2021/22 Current 2022/23 Adopted
Variance
Current vs.
Adopted
% Change
241 - Housing Authority 1,761,200 1,712,670 (48,530) -3%
243 - RDA Low-Mod Housing 250,000 250,000 - 0%
249 - SA 2011 Low/Mod Bond 8,650,545 20,000 (8,630,545) -100%
Total Expenditures 10,661,745 1,982,670 (8,679,075) -81%
Budget Surplus/(Deficit) (8,098,623) 187,766
HOUSING AUTHORITY 2022/23 BUDGET SUMMARY
CITY OF LA QUINTA FY 2022/23 ADOPTED BUDGET
1 391
392
2020/21
Actuals
2021/22
Current
2022/23
Proposed
2022/23
Adopted
241 - HOUSING AUTHORITY
130,011 160,000 100,000 100,000241-9101-41900 Allocated Interest
(122,128)0 0 0241-9101-41910 GASB 31 Interest
366 400 500 500241-9101-41915 Non-Allocated Interest
1 0 0 0241-9101-42301 Miscellaneous Revenue
385,447 50,000 100,000 100,000241-9101-43504 2nd Trust Deed Repayments
1,219,485 370,000 200,000 200,000241-9101-45000 Sale of Other Assets
1,820 0 0 0241-9102-42305 Miscellaneous Reimbursements
290,939 290,000 300,000 300,000241-9103-43502 Rent Revenue/LQRP
363,115 795,000 750,000 750,000241-9104-42112 Rent Revenue/Tenant/Dune Palms
0 1,000 1,000 1,000241-9104-42302 Miscellaneous Revenue/Dune Palms
Total:2,269,056 1,666,400 1,451,500 1,451,500
243 - RDA LOW-MOD HOUSING FUND
28,268 35,000 20,000 20,000243-0000-41900 Allocated Interest
(27,323)0 0 0243-0000-41910 GASB 31 Interest
147,987 0 0 0243-0000-48500 Extraordinary Gain
Total:148,931 35,000 20,000 20,000
249 - SA 2011 LOW/MOD BOND FUND (Refinanced in 2016)
5,696 1,000 5,000 5,000249-0000-41900 Allocated Interest
(81,406)0 0 0249-0000-41910 GASB 31 Interest
79,292 200,000 20,000 20,000249-0000-41915 Non-Allocated Interest
Total:3,582 201,000 25,000 25,000
HOUSING AUTHORITY REVENUE 2,421,570 1,902,400 1,496,500 1,496,500
130,011 160,000 100,000 100,000
(122,128)0 0 0
366 400 500 500
1 0 0 0
385,447 50,000 100,000 100,000
1,219,485 370,000 200,000 200,000
1,820 0 0 0
290,939 290,000 300,000 300,000
363,115 795,000 750,000 750,000
0 1,000 1,000 1,000
2,269,056 1,666,400 1,451,500 1,451,500
28,268 35,000 20,000 20,000
(27,323)0 0 0
147,987 0 0 0
148,931 35,000 20,000 20,000
5,696 1,000 5,000 5,000
(81,406)0 0 0
79,292 200,000 20,000 20,000
3,582 201,000 25,000 25,000
2,421,570 1,902,400 1,496,500 1,496,500
The Housing Authority budget invests in programs and projects that preserve and increase the supply of affordable
housing in the City.
241 Housing Authority Fund: Second Trust Deed Payments and Home Sale Proceeds vary from year-to-year.
Additional repayment of silent second trust deeds are recognized upon receipt.
241-9101-45000, Sale of Other Assets revenues in FY 2020/2021 reflects the purchase and sale agreement between
the City of La Quinta and the La Quinta Housing Authority for property at Dune Palms Road for the X-Park project
and drainage improvements.
243 RDA Low-Mod Housing Fund: The 2022/23 former Redevelopment Agency loan repayment of $673,936 will be
recognized in reserves within this Fund.
249 Successor Agency (SA) 2011 Low/Mod Bond Fund was used for the acquisition of the vacant property located
between the Pavilion at La Quinta Shopping Center and the La Quinta Valley Plaza Shopping Center on Highway 111
to further the City's goals of fostering mixed-use development, affordable housing, multi-modal transportation, and
development of the Highway 111 Corridor as outlined in the General Plan 2035. Remaining bond funds continue to
earn interest and are available for future housing projects.
CITY OF LA QUINTA HOUSING AUTHORITY REVENUE DETAILS FY 2022/23 ADOPTED BUDGET
2 393
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394
2020/21
Actuals
2021/22
Current
2022/23
Proposed
2022/23
Adopted
241 - HOUSING AUTHORITY
9101 - Housing Authority - Admin
50 - Salaries and Benefits
253,048 258,300 278,970 278,970241-9101-50101 Permanent Full Time
385 0 0 0241-9101-50105 Salaries - Overtime
650 1,800 1,800 1,800241-9101-50110 Commissions & Boards
185 200 200 200241-9101-50150 Other Compensation
20,263 23,400 24,200 24,200241-9101-50200 PERS-City Portion
4,208 0 0 0241-9101-50215 Other Fringe Benefits
40,720 58,600 69,300 69,300241-9101-50221 Medical Insurance
542 0 0 0241-9101-50222 Vision Insurance
2,118 0 0 0241-9101-50223 Dental Insurance
113 0 0 0241-9101-50224 Life Insurance
975 1,600 1,700 1,700241-9101-50225 Long Term Disability
5,700 5,900 5,900 5,900241-9101-50230 Workers Comp Insurance
3,716 3,800 4,000 4,000241-9101-50240 Social Security-Medicare
82 0 0 0241-9101-50241 Social Security-FICA
50 - Salaries and Benefits Totals:332,705 353,600 386,070 386,070
60 - Contract Services
82,963 60,000 60,000 60,000241-9101-60103 Professional Services
5,000 5,000 5,000 5,000241-9101-60106 Auditors
12,109 20,000 20,000 20,000241-9101-60153 Attorney
60 - Contract Services Totals:100,073 85,000 85,000 85,000
62 - Maintenance & Operations
209 1,000 1,000 1,000241-9101-60320 Travel & Training
1,513 2,000 2,000 2,000241-9101-60420 Operating Supplies
62 - Maintenance & Operations Totals:1,722 3,000 3,000 3,000
69 - Internal Service Charges
8,000 8,100 8,100 8,100241-9101-91843 Property & Crime Insurance
14,000 16,100 16,100 16,100241-9101-91844 Earthquake Insurance
52,400 53,400 64,400 64,400241-9101-98110 Information Tech Charges
69 - Internal Service Charges Totals:74,400 77,600 88,600 88,600
99 - Transfers Out
278,062 0 0 0241-9101-99900 Transfers Out
99 - Transfers Out Totals:278,062 0 0 0
9101 - Housing Authority - Admin Totals:786,962 519,200 562,670 562,670
9103 - Housing Authority - LQRP
62 - Maintenance & Operations
157,545 250,000 250,000 250,000241-9103-60157 Rental Expenses
62 - Maintenance & Operations Totals:157,545 250,000 250,000 250,000
9103 - Housing Authority - LQRP Totals:157,545 250,000 250,000 250,000
9104 - Dune Palms Mobile Estates
60 - Contract Services
56,960 77,000 100,000 100,000241-9104-60103 Professional Services
95,307 415,000 300,000 300,000241-9104-60157 Rental Expense
60 - Contract Services Totals:152,267 492,000 400,000 400,000
68 - Capital Expenses
0 500,000 500,000 500,000241-9104-72110 Building/Site Improvements
68 - Capital Expenses Totals:0 500,000 500,000 500,000
9104 - Dune Palms Mobile Estates Totals:152,267 992,000 900,000 900,000
241 - HOUSING AUTHORITY Totals:1,096,775 1,761,200 1,712,670 1,712,670
253,048 258,300 278,970 278,970
385 0 0 0
650 1,800 1,800 1,800
185 200 200 200
20,263 23,400 24,200 24,200
4,208 0 0 0
40,720 58,600 69,300 69,300
542 0 0 0
2,118 0 0 0
113 0 0 0
975 1,600 1,700 1,700
5,700 5,900 5,900 5,900
3,716 3,800 4,000 4,000
82 0 0 0
332,705 353,600 386,070 386,070
82,963 60,000 60,000 60,000
5,000 5,000 5,000 5,000
12,109 20,000 20,000 20,000
100,073 85,000 85,000 85,000
209 1,000 1,000 1,000
1,513 2,000 2,000 2,000
1,722 3,000 3,000 3,000
8,000 8,100 8,100 8,100
14,000 16,100 16,100 16,100
52,400 53,400 64,400 64,400
74,400 77,600 88,600 88,600
278,062 0 0 0
278,062 0 0 0
786,962 519,200 562,670 562,670
157,545 250,000 250,000 250,000
157,545 250,000 250,000 250,000
157,545 250,000 250,000 250,000
56,960 77,000 100,000 100,000
95,307 415,000 300,000 300,000
152,267 492,000 400,000 400,000
0 500,000 500,000 500,000
0 500,000 500,000 500,000
152,267 992,000 900,000 900,000
1,096,775 1,761,200 1,712,670 1,712,670
CITY OF LA QUINTA HOUSING AUTHORITY EXPENSE DETAILS FY 2022/23 ADOPTED BUDGET
3 395
CITY OF LA QUINTA HOUSING AUTHORITY EXPENSE NOTES FY 2022/23 ADOPTED BUDGET
Fund: 241 - HOUSING AUTHORITY
Permanent Full Time 278,970.00241-9101-50101
20% - City Manager (80% City Manager)
10% - Finance Director (90% Finance)
10% - City Clerk (90% City Clerk)
40% - Director- Business Unit & Housing Development (60% City Manager)
60% - Management Analyst (40% Information Technology Fund)
60% - Management Specialist (40% City Manager)
80% - Management Assistant (20% City Manager)
Housing Authority Member Stipends (5)
Housing Commissioner Stipends
Professional Services 60,000.00241-9101-60103
Housing compliance services
Travel & Training 1,000.00241-9101-60320
For housing related training and staff development
Rental Expenses 250,000.00241-9103-60157
Expenses associated with 28 homes owned by the Authority
which are located in the La Quinta Cove
Professional Services 100,000.00241-9104-60103
For residential property management services at Dune Palms
Mobile Estates
Rental Expense 300,000.00241-9104-60157
Expenses associated with 102 units owned by the Authority
which are located in North La Quinta
4 396
2020/21
Actuals
2021/22
Current
2022/23
Proposed
2022/23
Adopted
243 - RDA LOW-MOD HOUSING FUND
0000 - Undesignated
64 - Other Expenses
300,000 250,000 250,000 250,000243-0000-60532 Homelessness Assistance
64 - Other Expenses Totals:300,000 250,000 250,000 250,000
0000 - Undesignated Totals:300,000 250,000 250,000 250,000
243 - RDA LOW-MOD HOUSING FUND Totals:300,000 250,000 250,000 250,000
300,000 250,000 250,000 250,000
300,000 250,000 250,000 250,000
300,000 250,000 250,000 250,000
300,000 250,000 250,000 250,000
CITY OF LA QUINTA HOUSING AUTHORITY EXPENSE DETAILS FY 2022/23 ADOPTED BUDGET
243 RDA Low-Mod Housing Fund: The 2022/23 former Redevelopment Agency loan repayment of $673,936 will be
recognized in reserves within this Fund. These funds are used to account for the housing activities of the Housing
Authority which are to promote and provide quality affordable housing.
5 397
2020/21
Actuals
2021/22
Current
2022/23
Proposed
2022/23
Adopted
249 - SA 2011 LOW/MOD BOND FUND (Refinanced in 2016)
0000 - Undesignated
68 - Capital Expenses
5,813,436 8,630,545 0 0249-0000-74010 Land Acquisition
0 20,000 20,000 20,000249-0000-80050 Affordable Housing Project Development
68 - Capital Expenses Totals:5,813,436 8,650,545 20,000 20,000
0000 - Undesignated Totals:5,813,436 8,650,545 20,000 20,000
249 - SA 2011 LOW/MOD BOND FUND (Refinanced in 2016) Totals:5,813,436 8,650,545 20,000 20,000
5,813,436 8,630,545 0 0
0 20,000 20,000 20,000
5,813,436 8,650,545 20,000 20,000
5,813,436 8,650,545 20,000 20,000
5,813,436 8,650,545 20,000 20,000
CITY OF LA QUINTA HOUSING AUTHORITY EXPENSE DETAILS FY 2022/23 ADOPTED BUDGET
249 Successor Agency Bond Fund: These funds are restricted per individual bond covenants and were used for the
acquisition of the vacant property located between the Pavilion at La Quinta Shopping Center and the La Quinta Valley
Plaza Shopping Center on Highway 111. Remaining funds are available for future housing projects.
6 398
City of La Quinta
CITY COUNCIL MEETING: June 21, 2022
STAFF REPORT
AGENDA TITLE: RECEIVE AND FILE FISCAL YEAR 2021/22 BUDGET UPDATE
REPORT AND APPROVE THE RECOMMENDED BUDGET ADJUSTMENTS
RECOMMENDATION
Receive and file fiscal year 2021/22 Budget Update Report and approve the
recommended budget adjustments.
EXECUTIVE SUMMARY
•The 2021/22 Budget Update Report (Attachment 1) provides an update
of the City’s fiscal activities through May 2022.
•The Budget Update Report includes revenue and expenditure adjustments
in twelve funds.
•A new sub-fund of the General Fund has been created to recognize the
$4.9 million in federal Coronavirus State and Local Relief Funds (SLSRF)
received, and is included in the General Fund total in the chart below.
FISCAL IMPACT
Staff recommended adjustments are:
BACKGROUND/ANALYSIS
Throughout the fiscal year each Department monitors their budget and
proposes adjustments to reflect current conditions and ongoing operational
needs. Requests are reviewed and discussed with the City Manager and
Fund #Fund Name Revenues Expenses
101 General Fund 11,978,504$ 725,000$
249 Low/Mod Housing Fund (175,000)$
250-259 Developer Impact Fee Funds 3,910,000$
501 Facility & Fleet Replacement Fund - 56,500
601 SilverRock Golf Course Fund 800,000 379,000
TOTAL ADJUSTMENTS ALL FUNDS 16,513,504$ 1,160,500$
BUSINESS SESSION ITEM NO. 8
399
Directors before recommendations are presented in the Budget Report
(Attachment 1). Funds with no adjustments have been excluded.
ALTERNATIVES
Council could delay, modify, or reject the requested budget amendments.
Prepared by: Rosemary Hallick, Financial Services Analyst
Approved by: Claudia Martinez, Finance Director
Attachment: 1. 2021/22 Budget Update Report
400
The image part with relationship ID rId6 was not found in the file.
Fiscal Year 2021/22 Budget Update Report
SUMMARY
The annual budget is a living document, which allows for flexibility and adjustments
to accommodate current business needs and updated projections. Budget reports
are presented to provide ongoing oversight of public funds, relate current and
upcoming activities, and request funding adjustments. All funds are continuously
monitored; this report discusses funds with budgetary adjustments. Funds with no
adjustments have been excluded.
The 2021/22 budget was adopted with a conservative outlook, assuming a gradual
recovery of the economy. Pandemic concerns, along with health and safety
regulations/restrictions may continue to shape future consumer spending habits,
however the economy has proven to be more resilient and adaptive than previously
anticipated as pent-up demand for services affects pricing and availability. The
revenue adjustments presented in this year-to-date budget report are based on
actual activity, while budget projections for next fiscal year remain conservative in
light of ongoing inflationary pressures. As higher prices for necessities eat into
consumer’s incomes, we anticipate a slowdown in discretionary expenditures such
as leisure and hospitality.
Due to ongoing economic volatility, the 2021/22 Budget Update Report has several
adjustments, which are detailed in the charts at the end. The recommended
adjustments are largely derived from year-to-date revenues collected and expenses
incurred, program activities, and operational needs.
GENERAL FUND REVENUE ADJUSTMENTS
General Fund revenue adjustments summarized below total $11,978,504, which
includes $4,993,504 of federal Coronavirus State and Local Fiscal Recovery Funds
(SLFRF, part of the American Rescue Plan (ARP)) money in a newly created sub-
fund of the General Fund (105). The second payment will be received this summer
and potential uses of the funding will be discussed at a future Council Meeting. Other
revenue adjustments reflect updated projections based on year-to-date activity.
ATTACHMENT 1
401
Sales Tax and Measure G - Sales tax revenues continue to be strong, as the local
spring events and festivals brought more tourists to our restaurants and stores,
while overall purchases of taxable goods remained stable. Current projections are
for a total of $11.5 million (+$1.0 million) in sales tax and $13.5 million (+$1.2
million) in Measure G tax to be received in this fiscal year.
TOT - Current Short-Term Vacation Rental (STVR) and hotel TOT revenue
projections were conservative when the budget was adopted, given the unknown
impacts of the pandemic and restrictions. The recommended increase of $1,700,000
for STVR and $2,500,000 for hotel TOT is based on actual revenue collections this
fiscal year.
Document Transfer Tax – An increase of $490,000 is recommended based on
actual receipts year-to-date. The real estate market remains strong and higher
sales prices are driving this number.
Licenses and Permits – An increase of $300,000 in building permits, and $75,000
each in plumbing and mechanical permits, is recommended based on increased
current year-to-date building activity in private residential tract developments and
commercial projects.
Intergovernmental – In addition to the increase mentioned previously for the
SLFRF funds, staff is recommending decreases to two accounts, as revenues in these
accounts are based on reimbursable qualified expenditures and the timing of
invoicing and receipt of funds.
Revenue Description - General Fund Adjustment
State Sales Taxes 1,000,000
Measure G Sales Taxes 1,200,000
Document Transfer Tax 490,000
TOT - Hotels 2,500,000
TOT - Short-Term Vacation Rentals 1,700,000
Building Permits 300,000
Plumbing Permits 75,000
Mechanical Permits 75,000
Fire Service Reserves (230,000)
CSA-152 (125,000)
Federal Government Revenue 4,993,504
TOTAL GF REVENUE ADJUSTMENTS 11,978,504$
402
SPECIAL REVENUE FUNDS REVENUE ADJUSTMENTS
A $175,000 decrease in the non-allocated interest for the Low/Moderate Housing
Fund is due to lower Local Agency Investment Fund (LAIF) interest rates, as well as
a decrease in the balance that is earning interest due to a parcel purchase for a
potential future housing site.
Revenue adjustments in the Developer Impact Fee (DIF) Funds are requested to
reflect actual year-to-date activity. These increases total $3,910,000 and will be
reflected in each individual fund as noted in the chart below.
A revenue adjustment of $800,000 in the SilverRock Golf Course fund is being
requested as a result of higher green fees and an increased demand for golf.
EXPENDITURE ADJUSTMENTS
Expenditure adjustments are recommended for unanticipated repair and
maintenance expenses, personnel adjustments for part-time and temporary staff,
and to avoid budget overruns based on updated operational needs or inflationary
cost increases.
Revenue Description - Other Funds Adjustment
Non-Allocated Interest (175,000)
Developer Fees - Transportation DIF 2,300,000
Developer Fees - Parks & Rec DIF 500,000
Developer Fees - Civic Center DIF 450,000
Developer Fees - Library DIF 125,000
Developer Fees - Comm. & Cultural DIF 300,000
Developer Fees - Fire DIF 125,000
Developer Fees - Maint. Facilities DIF 110,000
Greens Fees 800,000
TOTAL REVENUE ADJUSTMENTS 4,535,000$
Fund Expense Adjustment
General Fund 725,000$
CITY MANAGER 20,000$
CITY CLERK 32,000$
CENTRAL SERVICES 136,000$
COMMUNITY RESOURCES 133,500$
MARKETING 115,000$
DESIGN AND DEVELOPMENT 150,000$
PUBLIC WORKS 138,500$
Facility & Fleet Replacement Fund (Fund 501)56,500
SilverRock Fund (601)379,000
TOTAL ADJUSTMENTS ALL FUNDS 1,160,500$
403
GENERAL FUND
City Manager – An increase of $20,000 for professional services to cover appraisal
and other costs associated with land purchases.
City Clerk – An increase of $32,000 for staffing; $20,000 to cover full-time salaries
for position transfers and $12,000 for temporary agency services.
Central Services – A total increase of $136,000, of which $116,000 is for CalPERS
unfunded liability payments that were budgeted at the 20/21 amount and $20,000
for the sales tax reimbursements line due to higher sales tax collections.
Community Resources – Increases to staffing totaling $128,000 for temporary
help to cover staffing needs in the Fire division, additional Code Enforcement Officer
and Code administrative help, and part-time staff for community events. An increase
of $5,500 is needed for telephone utilities for phone services in the Emergency
Operations Center (EOC).
Marketing – Based on the new estimated revenue projections, an increase of
$115,000 is requested to fulfill the contractual obligation under the Joint Powers
Agreement with the Greater Palm Springs Convention and Visitors Bureau (Now
known as Visit Greater Palm Springs), which is based on TOT revenues received by
member agencies.
Design and Development – Online payments have continued to increase, despite
restrictions being lifted from the pandemic. An increase of $50,000 is reflective of
both credit card and e-check fees.
Staffing increases totaling $100,000 for Part-Time Software Program Report Writer
and temporary agency services are requested.
Public Works – For the Parks Division, an addition of $43,000 is requested for
electric utilities and $33,000 for Fritz Burns pool maintenance for repairs and pool
deck cleaning.
For the Buildings division, an addition of $40,000 is requested for electric utilities,
$2,500 for gas utilities, and $15,000 for HVAC repairs and maintenance.
For the Streets division, an addition of $5,000 for operating supplies is requested.
404
SPECIAL REVENUE FUNDS
Facility and Fleet Replacement Fund (501) – An increase of $50,000 is
requested to cover the costs of fuel for all city vehicles due to the rise in gas prices.
Additionally, an increase of $6,500 is requested for equipment and furniture for
employee areas.
SilverRock Golf Course Fund (601) -A total increase of $379,000 is requested,
of which $330,000 is to cover golf course operations and bank fees resulting from
increased golf rounds and $49,000 is for repairs to the lake pump and intake
screens.
GENERAL FUND RESERVES
General Fund reserve balances were discussed during the 2020/21 General Fund
Fiscal Year-End Budget Report, the 2021/22 Mid-Year Budget Report, and will be
confirmed in the 2020/21 Annual Comprehensive Financial Report (ACFR). Reserve
funding generally comes from excess revenues over expenditures including one-
time revenue and may be allocated to reserves as directed by Council until target
levels are reached. Once all targets are funded, funds will remain in unassigned fund
balance.
At this time, all four of the City’s reserve categories (Natural Disaster, Economic
Disaster, Cash Flow and Capital Replacement) are fully funded to policy targets. A
review of the City’s Reserve Policy is scheduled to occur in Fall of 2022 which will
also include a review of CalPERS updated actuarial reports for fiscal year ending in
06/30/2021 which will be released in August.
On February 15, 2021, Council approved the use of a combination of Measure G
reserves and Unassigned Reserves to provide $14,936,122 of Highway Bridge
Program advanced construction funding for the Dune Palms Bridge project. The
amount appropriated from Unassigned and Measure G reserves is $7,468,061 each
and is accounted for in the charts below.
405
Committed reserves and estimated unassigned reserves:
Measure G uses and reserves:
*Bridge funding is included in ‘Capital Projects’ column
Reserve Category Current Target Surplus/(Deficit)
Cash Flow Reserve 5,000,000 5,000,000 -
Natural Disaster Reserve 10,000,000 10,000,000 -
Economic Disaster 11,000,000 11,000,000 -
Capital Replacement Reserve 10,000,000 10,000,000 -
Pension Trust Benefits*10,474,886 10,000,000 474,886
46,474,886 46,000,000 474,886
*Pension trust balance as of 5/31/2022
Balance as of 6/30/2021 24,200,000
Estimated Surplus FY 21/22 7,800,000
RDA Loan Repayment 2,640,000
Bridge Funding -7,470,000
Projected as of 6/30/2022 27,170,000
Estimated Unassigned Fund Balance
Amounts appearing in this column are rounded
estimates. Unassigned Fund Balance is calculated
during the annual audit and can be found on the
Balance Sheet- Governmental Funds in the
Annual Comprehensive Financial Report (ACFR)
FY Revenue Public Safety Capital Projects Reserves
2016/17 1,462,650$ -$1,462,650$ -$
2017/18 9,967,657$ 300,000$ 8,583,307$ 1,084,350$
2018/19 10,958,118$ 2,950,000$ 3,624,343$ 4,383,775$
2019/20 10,310,526$ 2,750,000$ 5,424,382$ 2,136,144$
2020/21 12,594,389$ 4,545,000$ 525,000$ 7,524,389$
2021/22 13,500,000$ 5,163,000$ 10,226,417* (1,889,417)$
Totals 58,793,340$ 15,708,000$ 29,846,099$ 13,239,241$
Measure G Summary
406
Account No. Description Revenues Expenses
REVENUE
Tax Revenues
101-0000-41320 State Sales Taxes 1,000,000
101-0000-41326 Measure G Sales Taxes 1,200,000
101-0000-41327 Document Transfer Tax 490,000
101-0000-41400 TOT - Hotels 2,500,000
101-0000-41401 TOT - Short-Term Vacation Rentals 1,700,000
Licenses and Permits
101-0000-42400 Building Permits 300,000
101-0000-42401 Plumbing Permits 75,000
101-0000-42402 Mechanical Permits 75,000
Intergovernmental Revenue
101-0000-42501 Fire Service Reserves (230,000)
101-0000-43633 CSA-152 (125,000)
105-0000-41700 Federal Government Revenue 4,993,504
CITY MANAGER
101-1002-60103 Professional Services 20,000
CITY CLERK
101-1005-50101 Permanent Full-Time 20,000
101-1005-60125 Temporary Agency Services 12,000
CENTRAL SERVICES
101-1007-50117 PERS- Unfunded Pension Liability 116,000
101-1007-60535 Sales Tax Reimbursements 20,000
COMMUNITY RESOURCES
101-2002-50251 Temporary 25,000
101-2002-61300 Telephone- Utilities 5,500
101-3002-50102 Salaries- Part Time 50,000
101-6004-50251 Temporary 28,000
101-6004-60125 Temporary Agency Services 25,000
MARKETING
101-3007-60151 Visit Greater Palm Springs 115,000
DESIGN AND DEVELOPMENT
101-6001-60122 Credit Card/Electronic Check Fees 50,000
101-6002-60125 Temporary Agency Services 70,000
101-6006-50102 Salaries- Part Time 30,000
PUBLIC WORKS
101-3005-60184 Fritz Burns Pool Maintenance 33,000
101-3005-61109 Electric- Community Park Utilities 43,000
101-3008-60667 HVAC 15,000
101-3008-61101 Electricity - Utilities 40,000
101-3008-61100 Gas - Utilities 2,500
101-7003-60420 Operating Supplies 5,000
TOTAL GENERAL FUND 11,978,504 725,000
General Fund (101)
Detailed General Fund revenue and expenditure accounts:
407
Account No. Description Revenues Expenses
501-0000-60674 Fuel & Oil 50,000
501-0000-71020 Furniture 6,500
Account No. Description Revenues Expenses
249-0000-41915 Non-Allocated Interest (175,000)
Account No. Description Revenues Expenses
250-0000-43200 Developer Fees - Transportation DIF 2,300,000
251-0000-43200 Developer Fees - Parks & Rec DIF 500,000
252-0000-43200 Developer Fees - Civic Center DIF 450,000
253-0000-43200 Developer Fees - Library DIF 125,000
254-0000-43200 Developer Fees - Comm. & Cultural DIF 300,000
257-0000-43200 Developer Fees - Fire DIF 125,000
259-0000-43200 Developer Fees - Maint. Facilities DIF 110,000
Account No.Description Revenues Expenses
601-0000-44000 Greens Fees 800,000
601-0000-60200 Cart Barn/Range 80,000
601-0000-60201 Golf Shop 60,000
601-0000-60203 Maintenance 40,000
601-0000-60205 General & Administrative 40,000
601-0000-60455 Bank Fees 110,000
601-0000-80100 Machinery and Equipment - 49,000
TOTAL ALL SPECIAL FUNDS 4,535,000 435,500
Developer Impact Fee Funds (250-259)
SilverRock Fund (601)
INTERNAL SERVICE FUNDS
Facility & Fleet Replacement Fund (501)
SPECIAL REVENUE FUNDS
Lo/Mod Housing Fund (249)
Detailed Special Funds accounts:
408
City of La Quinta
CITY COUNCIL MEETING: June 21, 2022
STAFF REPORT
AGENDA TITLE: AFFIRM RESOLUTION NO. 2021-035 FINDINGS RELATED TO
THE STATE OF EMERGENCY DUE TO COVID-19 AUTHORIZING THE CITY
MANAGER TO IMPLEMENT TELECONFERENCE ACCESSIBILITY TO CONDUCT
PUBLIC MEETINGS WHEN NECESSARY PURSUANT TO ASSEMBLY BILL 361
(STATS. 2021, CH. 165)
RECOMMENDATION
Affirm Resolution No. 2021-035 findings related to the state of emergency due
to COVID-19 authorizing the City Manager to implement teleconference
accessibility to conduct public meetings when necessary pursuant to Assembly
Bill 361 (Stats. 2021, Ch. 165).
EXECUTIVE SUMMARY
Pursuant to Assembly Bill 361 (Stats. 2021, Ch. 165) (AB 361), which
waived certain provisions of the Ralph M. Brown Act (Brown Act) and
authorized local agencies to hold public meetings via teleconferencing
whenever a state of emergency exists that makes it unsafe to meet in
person, Council must reconsider the circumstances of the state of
emergency every 30 days and affirm the required findings in order to
continue to allow teleconference accessibility for public meetings.
On September 28, 2021, Council adopted Resolution No. 2021-035
(Attachment 1) making the required findings under AB 361 and
authorizing the City Manager to implement teleconference accessibility
to conduct public meetings.
FISCAL IMPACT – None.
BACKGROUND/ANALYSIS
AB 361 was signed into law by the Governor on September 16, 2021, which
went into effect immediately as urgency legislation (codified under
Government Code § 54953) and waived certain provisions of the Brown Act in
order to allow local agencies to continue to meet remotely. Specifically, the
bill allows remote teleconference flexibility, but only when there is a state of
emergency that makes it unsafe to meet in person.
BUSINESS SESSION ITEM NO. 9
409
In addition, AB 361 added specific procedures and clarified the requirements
for conducting remote meetings, including the opportunity for the public to
provide public comment in real time; the legislative body shall take no actions
during disruptions; and the legislative body, by majority vote, shall determine
that meeting in person would present imminent risk to the health or safety of
attendees and shall affirm these findings every 30 days, in order to continue
to allow teleconference accessibility for conducting public meetings
[Government Code § 54953(e)(3)]. AB 361 will sunset on January 1, 2024.
The City has implemented procedures for conducting public meetings to
ensure full compliance with AB 361. In addition to the ability to attend public
meetings in-person, teleconference accessibility via call-in option or an
internet-based service option (via the Zoom Webinars platform) is listed on
the published agenda for each meeting as well as on the City’s website. The
City monitors attendance via teleconference as well as email correspondence
(as published on the agenda) throughout each public meeting and provides
access for public comment opportunities in real time both verbally and in
writing.
On September 28, 2021, Council adopted Resolution No. 2021-035 making
the initially required findings under AB 361 in order to allow the City to
continue to offer teleconference accessibility for public meetings after
September 30, 2021, to help mitigate the spread of COVID-19.
As noted above, Council must reconsider the state of emergency due to
COVID-19 every 30 days and affirm the findings under Resolution No. 2021-
035 in order to continue to allow teleconference accessibility for conducting
public meetings.
Council has affirmed the findings under Resolution No. 2021-035 as follows:
October 19, 2021
November 16, 2021
December 7, 2021
December 21, 2021
January 18, 2022
February 15, 2022
March 15, 2022
April 5, 2022
May 3, 2022
May 17, 2022
June 7, 2022
Teleconference accessibility for public meetings held virtual, or for hybrid
public meetings allowing for both in-person and virtual attendance will be
implemented only when necessary.
Prepared by: Monika Radeva, City Clerk
Approved by: Jon McMillen, City Manager
Attachment: 1. Council Resolution No. 2021-035
410
RESOLUTION NO. 2021 - 035
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO
IMPLEMENT TELECONFERENCE ACCESSIBILITY
FOR CONDUCTING PUBLIC MEETINGS
PURSUANT TO ASSEMBLY BILL 361 (STATS.
2021, CH. 165)
WHEREAS, on March 4, 2020, the Governor of California proclaimed a
State of Emergency to exist in California as a result of the threat of novel
coronavirus disease 2019 (COVID-19); and
WHEREAS, on March 17, 2020, the City Council adopted Emergency
Resolution No. EM 2020-001, proclaiming a local emergency as defined in La
Quinta Municipal Code Section 2.20.020, due to the threat of the existence
and spread of COVID-19; and
WHEREAS, on March 17, 2020, the Governor of California executed
Executive Order N-29-20 which suspended and modified specified provisions
in the Ralph M. Brown Act (Government Code Section § 54950 et seq.) and
authorized local legislative bodies to hold public meetings via teleconferencing
and to make public meeting accessible telephonically or otherwise
electronically to all members of the public seeking to observe and address the
local legislative body; and
WHEREAS, on June 11, 2021, the Governor of California executed
Executive Order N-08-21 which extended the provisions of Executive Order N-
29-20 concerning teleconference accommodations for public meetings through
September 30, 2021; and
WHEREAS, on September 16, 2021, the Governor of California signed
into law Assembly Bill 361 (AB 361, Rivas) (Stats. 2021, ch. 165) amending
Government Code § 54953 and providing alternative teleconferencing
requirements to conduct public meetings during a proclaimed state of
emergency; and
WHEREAS, AB 361 (Stats. 2021, ch. 165) imposes requirements to
ensure members of the public are able to attend and participate in public
meetings conducted via teleconference, including:
ATTACHMENT 1
411
Resolution No. 2021 – 035
Teleconference Procedures for Conducting Public Meetings Pursuant to AB 361 (Stats. 2021, ch. 165)
Adopted: September 28, 2021
Page 2 of 4
Notice of the means by which members of the public may access the
meeting and offer public comment, including an opportunity for all
persons to attend via a call-in option or an internet-based service
option;
The legislative body shall take no further action on agenda items when
there is a disruption which prevents the public agency from broadcasting
the meeting, or in the event of a disruption within the local agency’s
control which prevents members of the public from offering public
comments, until public access is restored;
Prohibits the legislative body from requiring public comments to be
submitted in advance of the meeting and specifies that the legislative
body must provide an opportunity for members of the public to address
the legislative body and offer comments in real time;
Prohibits the legislative body from closing the public comment period
until the public comment period has elapsed or until a reasonable
amount of time has elapsed; and
WHEREAS, the City has already implemented and is in full compliance
with the requirements listed above when conducting public meetings via
teleconference, which are now codified in Government Code § 54953(e)(2)(B-
G); and
WHEREAS, pursuant to Government Code § 54953(e)(B), the
legislative body shall hold a meeting during a proclaimed state of emergency
for the purpose of determining, by majority vote, whether as a result of the
emergency, meeting in person would present imminent risks to the health and
safety of attendees. The City Council must make these findings no later than
30 days after the first teleconferenced meeting is held pursuant to AB 361
(Stats. 2021, ch. 165) after September 30, 2021, and must also make these
findings every 30 days thereafter, in order to continue to allow teleconference
accessibility for conducing public meetings.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of La Quinta, California, as follows:
SECTION 1. The City Council hereby declares that the recitals set forth
above are true and correct, and incorporated into this resolution as findings
of the City Council.
412
Resolution No. 2021 – 035
Teleconference Procedures for Conducting Public Meetings Pursuant to AB 361 (Stats. 2021, ch. 165)
Adopted: September 28, 2021
Page 3 of 4
SECTION 2. The City Council hereby declares that a state of emergency
as a result of the threat of COVID-19 still exists and continues to impact the
ability of members of the public, the City Council, City Boards, Commissions,
and Committees, City staff and consultants to meet safely in person.
SECTION 3. The State of California and the City of La Quinta continue to
follow safety measures in response to COVID-19 as ordered or recommended
by the Centers for Disease Control and Prevention (CDC), California
Department of Public Health (DPH), and/or County of Riverside, as applicable,
including facial coverings when required and social distancing.
SECTION 4. The City Council hereby declares that, pursuant to the
findings listed in this Resolution, the City Manager is authorized to utilize
teleconferencing accessibility to conduct public meetings pursuant to AB 361
(Stats. 2021, ch. 165) and Government Code § 54953, as amended thereby.
SECTION 5. Severability: If any section, subsection, subdivision,
sentence, clause, phrase, or portion of this Resolution 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 Resolution. The City Council hereby declares that it would have
adopted this Resolution and each and every section, subsection, subdivision,
sentence, clause, phrase, or portion thereof, irrespective of the fact that any
one or more sections, subsections, subdivisions, sentences, clauses, phrases,
or portions thereof be declared unconstitutional.
SECTION 6. Effective Date: This Resolution shall become effective
immediately upon adoption.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta City Council held on this 28th day of September, 2021, by the following
vote:
AYES: Council Members Fitzpatrick, Peña, Radi, Sanchez, Mayor
Evans
NOES: None
ABSENT: None
ABSTAIN: None
413
414
City of La Quinta
CITY COUNCIL MEETING: June 21, 2022
STAFF REPORT
AGENDA TITLE: DISCUSS LA QUINTA CULTURAL CAMPUS MASTER
PLANNING AND PRELIMINARY DESIGN DEVELOPMENT PROGRESS PROJECT
NO. 2019-01
RECOMMENDATION
Discuss and provide direction to staff on the master planning and preliminary
design development progress for the La Quinta Cultural Campus Project No.
2019-01.
EXECUTIVE SUMMARY
•The La Quinta Cultural Campus is comprised of the La Quinta Museum,
Lumberyard property, and an art plaza in one dedicated area of the Village
(Attachment 1).
•On March 1, 2022, an agreement was approved with HGA to provide
master planning and preliminary design services for the La Quinta Cultural
Campus Project (Project) and provide direction to review the development
progress prior to expending 10% of the contract sum.
•Staff seeks Council input on the current progress of the master planning
preliminary design efforts for the Project.
FISCAL IMPACT
The Fiscal Years 2019/20 and 2020/21 CIP includes budget for the La Quinta
Cultural Campus project. Sufficient funding is available in the project budget
for the $457,300 for master planning and preliminary design services. The
following is the project budget:
Project Budget
Professional $ 190,182
Master Planning/Design $ 532,114
Construction $ 2,053,636
Inspection/Testing/Survey $ 217,705
Contingency $ 316,363
TOTAL: $ 3,310,000
STUDY SESSION ITEM NO. 1
415
BACKGROUND/ANALYSIS
The La Quinta Museum opened to the public in 2007 with the historic casita
(“home”) serving as office/meeting space for the La Quinta Historical Society
and museum staff. The historic casita was the original real estate office for
people who purchased casitas in the Cove. In 2018, the City acquired the
property next to the museum known as the “Lumberyard,” where building
materials were available to construct original casitas. Next to the lumberyard
building sits a vacant lot, which will be a place of social interaction
incorporating public art and a Cahuilla garden. Activation of this site allows
for greater connection to other village cultural assets and adds to the
museum’s offerings. The combination of these components creates the La
Quinta Cultural Campus which ties together history, culture, art, and the
indigenous heritage of La Quinta.
On March 1, 2022, Council approved an agreement with HGA to provide
master planning and preliminary design for the Project. Council provided
direction for staff to present the progress of the efforts as a study session
prior to expending 10% of the total contract sum. HGA and the City’s Project
Development Team (PDT Team), comprised of staff from Public Works,
Community Resources and Design and Development departments along with
input from Project stakeholders, have been working collaboratively on the
master planning and preliminary design effort. HGA consultants and staff will
present the progress and options for Council direction and feedback.
The purpose of the Cultural Campus is to provide residents and visitors with a
designated space for opportunities to enjoy cultural and artistic experiences.
Goals of the La Quinta Cultural Campus include:
•Improve Museum Flow and Function
•Expand and Enhance Archive/Exhibit Amenities
•Activate neighboring lot to create cohesive campus
•Create planning synergy with surrounding cultural assets
•Create anchor for arts destination with enhanced outdoor exhibits and
spaces.
As such, the Draft La Quinta Cultural Campus Master Plan Framework entails
the following components:
•Objectives and Aspirations
•Process and Planning Overview
•Concept – Connected Campus
•Campus Flow and Phasing
•Phase 1 - Museum + Archive
•Phase 2 - Oasis
•Phase 3 - Arts Plaza
Prepared by: Julie Mignogna, Management Analyst
Approved by: Bryan McKinney, Public Works Director/City Engineer
Attachment: 1.Cultural Campus Arial Overview
416
ATTACHMENT 1
ATTACHMENT 1201417
418
City of La Quinta
CITY COUNCIL MEETING
DEPARTMENT REPORT
TO: Madam Mayor and Members of the City Council
FROM: Carlos Flores, Senior Planner
DATE: June 21, 2022
SUBJECT: Update on Citywide Historic Resources Survey
_______________________________________________________________
The Citywide Historic Resources Inventory Update (Update) serves to
acknowledge, protect, and promote buildings, structures or objects that have
contributed to the area’s history, and to identify resources that may be eligible
for national and local historic landmark designation. The Update was initiated in
April 2022 with a contract awarded to Urbana, a team of highly qualified historic
preservation experts. The scope of work includes conducting an update of
citywide resources previously surveyed in 1997 and 2006, and a survey of
properties that are now 45 years of age or more since the 2006 survey was
completed. The Update will also include assessing the City’s current procedures
on historical properties and provide recommendations on any changes to
municipal code text and/or clarifications on the review procedures. Urbana has
begun its survey research, including identifying historic residential
neighborhoods, collecting existing data, and finding potentially new significant
sites.
On June 9, 2022, Urbana met with City staff and La Quinta Historical Society
members for their input. At the June 14, 2022 Planning Commission meeting,
Urbana conducted a Study Session that provided an update on their work and to
discuss next steps (Attachment 1).
Next Steps
Urbana will review previously inventoried sites and update if necessary, survey
new sites, update the City’s historic context statement, and provide
recommendations to clarify review procedures in the City’s Municipal Code. This
outreach will include field surveys and public outreach (Attachment 2).
Attachments: 1. PC Update Presentation
2.Outreach Flyer
DEPARTMENTAL REPORT ITEM NO. 5
419
420
City of La Quinta
Historical Resource Survey Update
Code and Policy Recommendations
ATTACHMENT 1
ATTACHMENT 1421
Introductions
¡Project Sponsor
¡City of La Quinta
¡Stakeholders
¡Planning Commission
¡La Quinta Historical Society
¡Project Contractor
¡Urbana Preservation & Planning, LC
422
Project Goals
¡Identify historic resources that are over 45 years old within La Quinta
¡Buildings
¡Structures
¡Objects
¡Districts
¡Document and evaluate 100 new historic-era properties
¡Update findings for 264 previously documented properties
¡Recommend updates to the City’s existing historic preservation planning program
La Quinta Desert Club, 1956
423
Code and Policy Recommendations
Historic Preservation Links and Resources
Historic Preservation Information
The following are links that provide access to a few of the many websites that provide information
on historic preservation related topics. The first link is to the National Park Service Technical
Preservation Services site which provides "how to" information on the repair and maintenance of
a variety of preservation topics. A few of the topics relate directly to many of La Quinta's historic
properties and are also linked below.
National Park Service Technical Preservation Services
Repair of Historic Adobe Buildings
Repair of Historic Wooden Windows
The Preservation and Repair of Historic Clay Tile Roofs
Preserving Historic Tile Floors
Secretary of the Interior's Standards for the Treatment of Historic Structures
California State Historical Building Code
Historic Preservation Agencies and Organizations
These links will take you to a variety of local, State and national agencies and organizations that
focus on historic preservation and related cultural, archaeological and paleontological topics.
National Register of Historic Places
National Trust For Historic Preservation
State of California Office of Historic Preservation
California Preservation Foundation
Coachella Valley Historical Society
La Quinta Historical Society
La Quinta Museum
Aqua Caliente Cultural Museum
Coachella Valley Archaeological Society
Contact
If you have any questions regarding the information on this page please contact the La Quinta Design and
Development Department at 760-777-7000.
Last Updated: October 30, 2012
How Do I…
Historic Resources Survey/Database and Map
historic resources survey and inventory database
In 1997 the City conducted its first Survey of Historic Resources, surveying the entire City and
inventorying all structures 45 years of age or older along with any historically significant landscape
or agricultural features. The results of the survey identified 72 sites determined as eligible for either
local, State or national listing of historic places.
In 2006, the City conducted a second survey in order to update the inventory with the additional properties that
had reached the 45 year age requirement and to cover areas annexed to the City since the first survey; as well as
including any sites that may have been omitted in the first survey. As a result of the second survey, 183 sites were
added to the inventory database with 109 of the new sites eligible for listing.
In 2012, the City, with support from a grant from the California Office of Historic Preservation through its
Certified Local Government program, consolidated the two surveys and created a digitized interactive database of
the inventory of surveyed properties. The purpose of the consolidated survey and database project was to make
information easier to use and more accessible to the public.
To view the consolidated survey report and access the interactive database, click on the links below.
Historic Resources Survey Report
Historic Resources Inventory Database
historic resources inventory map
Below is the current mapping of surveyed sites included in the City's Historic Resources Inventory
Database. This is an interactive map providing the ability to pan, zoom in or out and click on a
marker to see information regarding that particular site.
Sites identified on the map by a blue marker with a black dot have been identified as individually
eligible for listing on the National Register of Historic Places, blue markers without the black dot indicate sites that
are eligible for listing on the National Register as a contributor to a thematic district. The red markers with a black
dot identify sites that are individually eligible for listing as a historic site by either the State of California or the City
of La Quinta and the red markers without a black dot identify sites that are eligible for listing as a contributor to a
thematic district by the either the State or the City. The yellow markers identify sites that have been surveyed but
have been determined ineligible for either local (City), State or national listing.
How Do I…
History
Historic Context Statement
The Historic Context Statement tells about the early days of La Quinta, beginning with its early
inhabitants and continuing on through its settlement and development as a town. It concludes
prior to the City's incorporation as that event, along with the events since, occurred less than 50
years ago and although undeniably important, they are not yet within the scope of the City's
Historic Preservation Ordinance and Commission. Although it certainly serves as an interesting
and nostalgic read, its real purpose is to establish the context of the existing built environment along with other
features of the land to help determine the significance of such places and their importance in serving as evidence of
our past.
The City's Historic Context Statement is currently in a draft form and is available through the following link to
view. As it is still a draft and not yet formally adopted, your comments and suggestions are welcome, please
contact the Planning Department by phone or email to share your thoughts.
Draft Historic Context Statement
Contact
If you have any questions regarding the information on this page please contact the La Quinta Planning
Department at 760-777-7000.
Last Updated: October 30, 2012
How Do I…Goals, Policies and Regulations
GENERAL PLAN GOAL AND POLICIES
The 2002 La Quinta General Plan established the following goal and policies related to
historic preservation:
GOAL
The protection of significant archaeological, historical, and paleontological resources
which occur in the City.
POLICIES
• All reasonable efforts should be made to identify archaeological and historical resources in the
City.
• Assure that identified significant archaeological and historical resources are protected.
• Educate the public about the City’s history and paleontology.
• Make all reasonable efforts to identify paleontological resources in the City.
• All reasonable efforts should be made to preserve paleontological resources identified on a site.
They shall be professionally collected, catalogued and deposited in a recognized repository.
Historic Preservation Ordinance
In 1993, the City adopted its current Historic Preservation Ordinance establishing the
City's Historic Preservation Commission and the regulations regarding the
preservation, maintenance, alteration and demolition of potentially historic structures
and other features. To view this Ordinance click on the following link:
Historic Preservation Ordinance
If you have any questions regarding the information on this page please contact the
La Quinta Design and Development Department at 760-777-7000.
Last Updated: August 1, 2018
How Do I…
424
Historic-Era Tracts /
Neighborhoods
¡Avenida La Fonda
¡Calle Fortuna
¡Desert Club
¡Dune Palms Mobile Estates
¡Highland Palms Neighborhood
¡Indian Springs Neighborhood
¡La Quinta Country Club
¡Montero Estates
¡Sagebrush Neighborhood
¡The Cove
¡Yucatan Peninsula Cove
¡Washington Street Apartments
¡Westward Isle
¡Duna La Quinta
¡Santa Roca Cove
425
Previously
Surveyed
Properties
§264 previously recorded properties
§202 of the 264 previously
surveyed properties are within
the Cove
§Approximately 19 of the 264
previously surveyed properties
have since been
demolished/significantly
altered
§The survey update will document the
changes and conditions of these
properties.
426
Previous Documentation Forms
Desert Club, Recorded 1981 77618 Calle Colima, Recorded 2006
427
Newly Identified
Properties
§216 historic-era properties that are
not previously surveyed
§159 of the 216 properties are in The
Cove
§15 of the 216 properties are in the
Indian Springs Neighborhood
§The survey update will document
and evaluate 100 newly identified
properties and will provide the City a
list of all 216 location
428
Local History
References
Site Name Location
Dupont House 78310 Clarke Court
Hacienda Serena Near La Quinta Hotel
Dorothy Arzner House 49-800 Avenida Obregon
Ahmanson Ranch House
and landscape
79179 Ahmanson Lane
Lake Cahuilla Reservoir 58075 Jefferson Street
La Quinta Volunteer Fire
Department –Station
House
Francis Hack Lane
(possible)
Community Center Recreation District Building
on Avenida Montezuma
(possible)
La Quinta Stormwater
Protective Works
Unknown
Edgar Eisenhower House Unknown
George E. Allen House Avenida Fernanda
(possible), adjacent to La
Quinta Resort, but outside
boundaries of the resort
La Quinta
Tropics/Cunard’s Sandbar
78120 Calle Tampico
§11 properties were identified
through local history books
§Images of America:La Quinta
§La Quinta: Legend in the
Making
§The survey update will verify
status of these properties to
determine next steps
429
Stakeholder
Perspectives
§Met with the La Quinta Historical
Society on June 10, 2022
§Planning Commission kick-off on
June 14, 2022
§What is important to local
preservationists?
§Are there specific properties that
should be considered?
§Are there any sites or areas that
have been overlooked by previous
survey efforts?
§Are there any properties that may
be difficult to access?
§Are there other stakeholders that
we should reach out to?
City of La Quinta Historical Resource Survey
Hello,
Urbana Preservation & Planning, LLC (Urbana) is working on
behalf of the City of La Quinta Design and Development
Department to document historic resources including buildings,
structures, objects, and districts throughout the city.
What Are Historic Resources?
• Buildings, structures, objects and districts within La Quinta that possess integrity of
Location, Design, Setting, Materials, Workmanship, Feeling, and Association, and:
a) Are associated with important events or patterns of events; or
b) Are associated with important persons; or
c) Represent a significant architectural style, property type or work of a master; or
d) Have the ability to yield information important to history
Urbana is updating previous documentation for 260+ properties and will prepare new
documentation and evaluation for 100 properties. Our citywide survey will focus on sites that are
45 years or older.
What is a Survey?
• An inventory of an historic resource’s location and features as to create a map, plan, or
description. It is a tool for planning and development projects in the city.
• We are recording districts, buildings, and other structures constructed prior to 1977 to
help the City of La Quinta better understand the scope and types of historic structures
built within the city
Do you have any recommendations on sites we should survey?
• Please email or call us if you know of any buildings or structures constructed prior to 1977
that should be included in our survey efforts.
• Contact information: urbana@urbanapreservation.com or (844) 872-2623
This project will not affect your ownership of the building / structure or land. This is a way for the
City to identify historic resources and to acknowledge and record their significance. If you have
any questions or concerns, please feel free to reach out to us below.
Contacts
City of La Quinta
o Carlos Flores, Senior Planner
o (760) 777-7069
o cflores@laquintaca.gov
Urbana
o Alex Baker, MCP, Planner
o (844) 872-2623
o alex@urbanapreservation.com
430
Next Steps / Deliverables
¡Provide comments and recommended revisions package for policy and
code language
¡Update the existing historic context statement
¡Select the 100 new properties for intensive survey and documentation
¡Field Survey
¡Complete documentation
¡Prepare and submit the survey report / project findings
¡Deliver a GIS layer to the City
¡Submit final package in Fall 2022
431
City of La Quinta Historical Resource Survey
Hello,
Urbana Preservation & Planning, LLC (Urbana) is working on
behalf of the City of La Quinta Design and Development
Department to document historic resources including buildings,
structures, objects, and districts throughout the city.
What Are Historic Resources?
•Buildings, structures, objects and districts within La Quinta that possess integrity of
Location, Design, Setting, Materials, Workmanship, Feeling, and Association, and:
a)Are associated with important events or patterns of events; or
b)Are associated with important persons; or
c)Represent a significant architectural style, property type or work of a master; or
d)Have the ability to yield information important to history
Urbana is updating previous documentation for 260+ properties and will prepare new
documentation and evaluation for 100 properties. Our citywide survey will focus on sites that are
45 years or older.
What is a Survey?
•An inventory of an historic resource’s location and features as to create a map, plan, or
description. It is a tool for planning and development projects in the city.
•We are recording districts, buildings, and other structures constructed prior to 1977 to
help the City of La Quinta better understand the scope and types of historic structures
built within the city
Do you have any recommendations on sites we should survey?
•Please email or call us if you know of any buildings or structures constructed prior to 1977
that should be included in our survey efforts.
•Contact information: urbana@urbanapreservation.com or (844) 872-2623
This project will not affect your ownership of the building / structure or land. This is a way for the
City to identify historic resources and to acknowledge and record their signficance. If you have
any questions or concerns, please feel free to reach out to us below:
Contacts
City of La Quinta
o Carlos Flores, Senior Planner
o (760) 777-7069
o cflores@laquintaca.gov
Urbana
o Alex Baker, MCP, Planner
o (844) 872-2623
o alex@urbanapreservation.com
ATTACHMENT 2
432
HOUSING COMMISSION MINUTES Page 1 of 3 APRIL 20, 2022
SPECIAL MEETING
HOUSING COMMISSION
MINUTES
WEDNESDAY, APRIL 20, 2022
CALL TO ORDER
A meeting of the La Quinta Housing Commission (Commission) was called to
order at 4:09 p.m. by Chairperson Gaeta-Mejia.
This meeting provided teleconferencing accessibility pursuant to Executive
Orders N-60-20 and N-08-21 executed by the Governor of California, and
subsequently Assembly Bill 361 (AB 361, 2021), enacted 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: Commissioners Davidson, Pacheco, and Chairperson Gaeta-Mejia
ABSENT: Commissioner Davidson
VACANCY: One (1)
STAFF PRESENT: Management Analyst Kinley, Acting Deputy City Clerk
McGinley, and Commission Secretary Camarena
PLEDGE OF ALLEGIANCE
Chairperson Gaeta-Mejia led the audience in the Pledge of Allegiance.
CONFIRMATION OF AGENDA – Confirmed.
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
Management Analyst Kinley said the City has not received any WRITTEN
PUBLIC COMMENTS or requests to provide VERBAL COMMENTS for this
meeting as of 4:10 p.m. and staff would continue to monitor email
communications and teleconference attendance for the duration of the
meeting, should any requests by the public are received.
ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS
–None
REPORTS AND INFORMATIONAL ITEM NO. 31
433
HOUSING COMMISSION MINUTES Page 2 of 3 APRIL 20, 2022
SPECIAL MEETING
CONSENT CALENDAR
1.APPROVE SPECIAL MEETING MINUTES OF MARCH 9, 2022
MOTION – A motion was made and seconded by Commissioners
Casto/Pacheco to approve the Consent Calendar as recommended. Motion
passed: ayes (3), noes (0), abstain (0), absent 1 (Davidson), vacancy one
(1).
BUSINESS SESSION
1.APPROVE FUNDING OPTION FOR GALILEE CENTER FOR FISCAL
YEAR 2022-23
Commission Secretary Camarena presented the staff report which is on file in
the City Manager’s Office.
Commission Secretary Camarena provided a brief overview on history of the
Galilee Center, the logic behind the request for funding assistance, and a
summary of the Galilee Center tour, Commission and staff attended.
PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY: CFO and Co-
Founder Claudia Castorena provided clarifications for Commission during
discussion with staff.
MOTION – A motion was made and seconded by Commissioners Pacheco
/Casto to decline the recommendation that the Housing Authority provide
assistance to Galilee Center for fiscal year 2022-23. Motion denied: ayes (0),
noes (3), abstain (0), absent 1 (Davidson), vacancy one (1).
STUDY SESSION - None
STAFF REPORTS AND INFORMATIONAL ITEMS – None
COMMISSIONER’S ITEMS – None
ADJOURNMENT
There being no further business, a motion was made and seconded by
Commissioners Gaeta-Mejia/Pacheco to adjourn the meeting at 4:30 p.m.
Motion passed: ayes (3), noes (0), abstain (0), absent 1 (Davidson), vacancy
one (1).
434
HOUSING COMMISSION MINUTES Page 3 of 3 APRIL 20, 2022
SPECIAL MEETING
Respectfully submitted,
Reyna Camarena
REYNA CAMARENA, Commission Secretary
City of La Quinta, California
435
436
POWER POINTS
CITY COUNCIL
MEETING
JUNE 21, 2022
June 21, 2022
1
City Council Meeting
June 21, 2022
Joint City Council and
Housing Authority Meeting
Closed Session
June 21, 2022
1
2
June 21, 2022
2
Pledge of Allegiance
Public Comment
Via Teleconference
In Progress
https://us06web.zoom.us/j/82540879912
Meeting ID: 825 4087 9912
Telephone: (253) 215-8782
“Raise Hand” to request to speak
*9 = Raise Hand; *6 = Unmute
Limit Comments to 3 minutes
3
4
June 21, 2022
3
City Council Meeting
June 21, 2022
Presentations
City Council Meeting
June 21, 2022
P1 – LifeStream Blood Bank
10th Annual 9-Cities Blood Drive Challenge
6
5
6
June 21, 2022
4
LA QUINTA
City Council Meeting – June 21, 2022
About LifeStream
•Nonprofit blood bank located in the
Inland Empire for over 70 years.
•Our mission is to help save lives by
connecting donors and patients
through the gift of blood.
•More than 80 hospital partners in 6
counties.
•500 donations/day needed to meet
hospital demand.
•Conducts about 1,600 mobile blood
drives annually.
7
8
June 21, 2022
5
LifeStream donor centers
Ongoing critical blood shortage
•Most serious blood shortage in history. Many
hospitals have no blood on their shelves.
•Under two-day’s total supply on hand for our
service area, which includes La Quinta.
•Some blood types consistently have less than
1 day’s supply.
•Estimated 37% of the population is eligible to
donate. But less than 10% of the population
actually donates blood.
5-month-old Paisley received a heart
transplant, requiring 41 pints of blood.
9
10
June 21, 2022
6
How much blood is needed?
•Every 2 seconds, someone in
the U.S. needs blood.
•1 in 7 people entering the
hospital will need a blood
transfusion.
•1 in 2 women and 1 in 3 men in
the U.S. will develop cancer
within their lifetime.
•Platelets are especially
needed by cancer patients.
11
12
June 21, 2022
7
LifeStream collections vs hospital usage
La Quinta Blood Drives
•Running since 2008
•8,942 pints (2021)
•Goal for La Quinta in 2022: 9,500
pints!
•Add blood collection to your disaster
preparedness plan.
•Promote blood donation at the city
level, with employers, and other service
organizations.
•Host special City sponsored blood
drives and partner with LifeStream for
fun prizes and other special donor
recognition.
•We need the City’s help to promote!
https://www.lstream.org
13
14
June 21, 2022
8
9 Cities Challenge
•July & August
•Prizes
•Largest total
•Largest drive
•Largest per capita
•Heroes Luncheon – 9/9
•Honor your local heroes
•Win a year’s worth of ice cream
Contact us
•To make an appointment to donate blood at a LifeStream
donor center, mobile blood drive, or to host a blood drive
call 800-TRY-GIVING or visit Lstream.org.
•Contact your dedicated Regional Account Manager –
Martin Arredondo at 760-710-9360 or
arredoma@lstream.org
15
16
June 21, 2022
9
INSERT DATE
THANK YOU!
17
18
June 21, 2022
10
City Council Meeting
June 21, 2022
P2 – TALUS Project Update
19
City of La Quinta – Council Meeting Update June 21, 2022
19
20
June 21, 2022
11
Site Overview
o Montage Hotel and Spa
o Luxury hotel of 134 keys across thirty‐four guestroom
buildings; project includes spa, fitness center, and
aquatic center.
o Montage Residences
o Twenty‐nine single‐family luxury homes integrated into
the infrastructure of the Montage Hotel and Spa.
o Overall Conference Center
o Includes the Shared Services, Conference Center, and
Meeting Center buildings and operations for Talus.
o Golf Clubhouse
o Future golf clubhouse to serve athletes of Talus.
o Pendry Hotel
o Lifestyle hotel of 200 keys across ten guestroom
buildings; project includes fitness center, pools, a lazy
river, and a paintbox.
o Pendry Residences
o Approximately fifty‐five lifestyle homes across eleven
buildings integrated into the infrastructure of the
Pendry Hotel; project includes a Pendry Clubhouse.
Site Infrastructure: Boring @ Ave 52 & Jefferson
21
22
June 21, 2022
12
Site Infrastructure: Dry Utility Structure Installation
Montage Hotel and Spa
23
24
June 21, 2022
13
Montage Aquatic Center
Montage Hotel: Framing
25
26
June 21, 2022
14
Montage Hotel: Framing
Montage Spa and Fitness Center: Framing
27
28
June 21, 2022
15
Montage Spa: MEP Rough‐In
Montage Guestrooms
29
30
June 21, 2022
16
Montage Guestrooms: Area I Framing
Montage Guestrooms: Area I Framing
31
32
June 21, 2022
17
Montage Residences: Framing
Montage Residences: MEP Rough In
33
34
June 21, 2022
18
Montage Residences: Storm Drain Installation
Overall Conference Center
35
36
June 21, 2022
19
Shared Services: Wall Sheathing
Conference Center: Framing
37
38
June 21, 2022
20
Meeting Center: Structural Steel
Golf Clubhouse
39
40
June 21, 2022
21
Golf Clubhouse: Insulation
Golf Clubhouse: Drywall
41
42
June 21, 2022
22
Pendry Hotel
artist rendering– subject to change
Pendry Hotel
artist rendering– subject to change
43
44
June 21, 2022
23
Pendry Residences
artist rendering– subject to change
Pendry Residences
artist rendering– subject to change
45
46
June 21, 2022
24
Thank youThank you
47
48
June 21, 2022
25
City Council Meeting
June 21, 2022
B1 – Interview and Appoint Residents to
Financial Advisory and Housing
Commissions
City Council Meeting
June 21, 2022
B2 – Community Services Grant
Requests 2021-22
49
50
June 21, 2022
26
Community Services Grants
•Grant fund balance is $31,000
•Recommend funding 4 organizations
for $11,000
Applicant Requested
Committee
Recommendation
Angel View, Inc.* $500 $500
Desert Recreation
Foundation* $500 $500
First Tee Coachella Valley $5,000 $5,000
Variety – The Children’s
Charity of the Desert $5,000 $5,000
*Starter Grant
51
52
June 21, 2022
27
City Council Meeting
June 21, 2022
PH1 – Lighting and Landscape
Assessment District 89-1 FY 2022/23
53
54
June 21, 2022
28
Summary
•Annually, Council takes required action to levy
assessments for Citywide L&L District
•Assessments fund Right‐of‐Way landscape,
lighting, median, and parkway maintenance
•Assessment rate remains $35.60
per Equivalent Benefit Unit (same since 1997)
Fiscal Impacts
•L&L District 89‐1 for FY 2022/23:
•Revenues = $982,336
•County Service Area 152 Offset = $150,000
•Combined = $1,132,336
•Estimated Expenditures = $2,390,300
•$1,257,964 short fall funded by General Fund
55
56
June 21, 2022
29
Questions?
57
58
June 21, 2022
30
City Council Meeting
June 21, 2022
PH2 – 2022/23 through 2026/27
Capital Improvement Program
Capital Improvement Program
(CIP)
•5-year plan
•Identifies scope, budget, schedule
•Streets, transportation, parks,
sidewalks, facilities, drainage,
landscaping
59
60
June 21, 2022
31
Presented CIP Projects
•City Council
–April 5, 2022
•Financial Advisory
Commission
–April 13, 2022
2022/23 CIP Projects
•July 1, 2022
•Incorporated into Operating Budget
61
62
June 21, 2022
32
2022/23
CIP
Budget
Project No. Project Total Funding
2223ADA ADA Accessible Ramps - Various Locations 20,000$
2223CPM Citywide Preventative Maintenance Plan Improvements 50,000$
2223PMP Pavement Management Plan Street Improvements 1,500,000$
2223STI Sidewalks - Various Locations 55,000$
2223TMI Citywide Traffic Signal Maintenance Improvements 235,000$
2223DRA Citywide Drainage Enhancements 477,000$
201702 Developer Reimbursement for DIF Eligible Improvements 400,000$
201709 Jefferson St. at Avenue 53 Roundabout 630,000$
201804 Landscape and Lighting Median Island Improvements 500,000$
201903 La Quinta Skate Park Conversion 633,000$
201905 Highway 111 Corridor Area Plan Implementation 1,000,000$
202102 Fritz Burns Park Improvements 500,000$
202201 Avenue 50 Pavement Rehabilitation (Washington Street to Eisenhower Drive) 1,100,000$
202202 City Hall Capacity Improvements 800,000$
202203 Fred Waring Drive Pavement Rehabilitation (Washington Street to Adams Street) 1,470,211$
202204 Sports Complex Lighting Replacement 250,000$
202205 Avenue 50 Widening Improvements (Jefferson Street to Madison Street) 100,000$
202206 Village Undergrounding Project (Feasibility Study) 100,000$
202207 Highway 111 at Jefferson Street Rehabilitation 487,000$
202208 Citywide Miscelleneous ADA Improvement Projects 132,600$
202209 ADA Transition Plan Update 150,000$
202210 Moon River Drive Pavement Rehabilitation (Ave 50 to DSUSD ROW) 400,000$
202211 Village Parking Lot 500,000$
202212 Phase II Camera System 1,797,000$
202213 Smart Infrastructure Improvements (feasibility study/plan) 250,000$
202214 Avenue 52 Pavement Rehabilitation (Madison Street to Monroe Street) 500,000$
TOTAL: 14,036,811$
TEAL: Measure G Funds $5,047,000 (36%)
ORANGE: General Funds $2,735,000 (19.5%)
Special Revenue Funds $1,432,600 (10%)
Color Key
WHITE: Measure A and SB1 RMRA Funds $4,822,211 (34.5%)
63
64
June 21, 2022
33
2022-23 CIP PROJECTS
8 Transportation – Roadway Projects
5 Transportation – Pedestrian Projects
9 Parks and Facilities Projects
1 Landscape Improvement Project
1 Drainage Improvement Project
1 Developer Reimbursement
1 Traffic Signal Maintenance Project
Transportation - Roadway
•Pavement Management Plan
•Fred Waring Drive Pavement Rehabilitation
•Washington Street to Adams Street
•Jefferson Street at Avenue 53 Roundabout
•Avenue 50 Pavement Rehabilitation
•Avenue 50 Widening Improvements
•Jefferson Street to Madison Street
•Hwy 111 at Jefferson Street Pavement Rehabilitation
•Moon River Drive Pavement Rehabilitation
•Avenue 52 Pavement Rehabilitation
•Madison Street to Monroe Street
65
66
June 21, 2022
34
Transportation - Pedestrian
•ADA Accessible Ramps – Various Locations
•Sidewalks – Various Locations
•Highway 111 Corridor Area Plan Implementation
•Citywide Miscellaneous ADA Improvements
•ADA Transition Plan Update
Parks and Facilities
•Citywide Preventative Maintenance Improvements
•La Quinta Skate Park Conversion
•Fritz Burns Park Improvements
•City Hall Capacity Improvements
•Sports Complex Lighting Replacement
•Village Undergrounding Feasibility Study
•Phase II Public Safety Camera System
•Village Parking Lot
•Smart Infrastructure Improvements (feasibility study/plan)
67
68
June 21, 2022
35
Other 2022-23 CIP Projects
Landscape Improvements
Landscape and Lighting Median Island Improvements
Drainage Enhancements
Citywide Drainage Enhancements
Reimbursement Agreements
Developer Reimbursement for DIF Eligible Improvements
Traffic Signal Improvements
Citywide Traffic Signal Maintenance Improvements
Highlights of Years 2-5 of CIP
•Parks, Landscape and Facilities
–Landscape and Lighting Median Island
Improvements
–Corporate Yard Facility
–Phase III Safety Camera System
–Fritz Burns Park Improvements
69
70
June 21, 2022
36
Highlights of Years 2 - 5 of CIP
•Transportation – Pedestrian
–Washington Street Sidewalk Improvements
(Calle Tampico to Avenue 52)
–Highway 111 Corridor Area Plan
Implementation
–Avenue 50 Sidewalk Improvements
(Washington St. to Avenida Montero)
Highlights of Years 2 - 5 of CIP
•Transportation – Roadway
–10 Pavement Rehabilitation Projects
–Highway 111/Simon Drive Dual Left Turn
Lanes
–Corporate Centre Drive Gap Closure
•Traffic Signal Improvements
–Caleo Bay at Avenue 47 (New Traffic
Signal)
71
72
June 21, 2022
37
Highlights of Years 2-5 of CIP
•Drainage Enhancements
–Citywide Drainage Enhancements
•Reimbursement Agreements
–Developer Reimbursement for DIF Eligible
Improvements
QUESTIONS?
73
74
June 21, 2022
38
City Council Meeting
June 21, 2022
PH3 – Talus Street Name Changes
75
76
June 21, 2022
39
Recommendation
•1) Remand the street name change request to the Planning
Commission to be heard at their July 12 meeting, to allow
the applicant the opportunity to present information about
the request and address Commission comments related to
the application, 2) Direct the Commission to submit for
Council review a supplement to its recommendation or a
new recommendation, in light of new information and/or
responses from the applicant and 3) Continue the public
hearing to the July 19 Council meeting.
77
78
June 21, 2022
40
City Council Meeting
June 21, 2022
B3 – FY 2022/23 Marketing Strategies
MARKETING
STRATEGIES & MEDIA
PLAN
2022/23
79
80
June 21, 2022
41
PURPOSE
To create and engage a
marketing plan/strategy
that centers around the
residents and businesses of
La Quinta while still
attracting visitors to The
Gem of the Desert.
Website Analytics
81
82
June 21, 2022
42
LAQUINTACA.GOV
NEW/UNIQUE VIEWS
Up: 6% (211K Views)
PAGE VIEWS
Down: 11% (625K Views)
BOUNCE RATE
55.87% (Down: 36.75%)
PLAYINLAQUINTA.COM
NEW/UNIQUE VIEWS
Up: 13% (75.9K Views)
PAGE VIEWS
Up: 11.75% (167K Views)
BOUNCE RATE
Down: 2% (59.41%)
83
84
June 21, 2022
43
Digital Analytics
GOOGLE SEM
•4.7 Million Impressions
•6,557 Clicks
•0.14% CTR
•1 .4Million Impressions
•4,077 Clicks
•0.35% CTR
•City of La Quinta
•Old Town La Quinta
•La Quinta Resort
•La Quinta (Lodging)
•La Quinta (Visit Us)
GEO TARGETING TOP KEYWORDS
CTT NATIVO
•241,129 Views Complete
•1.6 Million Impressions
•4,977 Clicks
•1,655,000 Impressions
•5,183 Clicks
•6.65% CTR
85
86
June 21, 2022
44
Social Media
Overall
Growth
Audience 59,541 8,884 9,545 1.6%
Audience
Growth
139 1,435 99 0.9%
Published
Posts
838 385 569 17.5%
Impressions 2.26M 978K 102K 3%
Engagement
Rate
4.6% 4.9% 2.6% 46.3%
@CITYOFLAQUINTA
87
88
June 21, 2022
45
2022/23 Media Plan
MARKETING STRATEGIES AREAS OF FOCUS
COMMUNITY
OUTREACH
Increase local media and
digital services to inform,
educate, and engage
residents and businesses.
ECONOMIC
DEVELOPMENT
Develop additional ways
to communicate and
assist our current
businesses and attract
new ones to LQ.
TOURISM
Continue to work with the
Visit Palm Springs CVB on
strategies attracting
visitors year‐round, which
in turn assists local
businesses.
89
90
June 21, 2022
46
Madden Media
•Community Engagement
⚬Social Media Ads
⚬Google Video Distribution
⚬Local Influencer Campaign
⚬Geofencing
⚬Experiential/Brand Activation Pop‐Ups
⚬Electronic Newsletter
•Economic Development
⚬Google SEM
⚬Google Video Distribution
⚬Electronic Newsletter/Video Business
Spotlight
⚬Website updates
•Local Media
⚬Print
⚬Radio
⚬Out of Home
⚬Digital
•Public Relations
•Graphic Design
•Creative Concept/Content Development
•Brand Enhancement
•Website Hosting & Maintenance
•Search Engine Optimization
•Account Management
⚬Contracts
⚬Purchase Orders
⚬Submissions
•Contingency (As needed)
Total: $725,000
JNS
•Digital
⚬Nativo
⚬Centro
⚬Programmatic Digital Banner
⚬Weekend Sherpa
⚬Private Market Place
•Website Hosting & Maintenance
•Public Relations
Total: $176,800
FY 21/22 Total: $750,000
City Staff (Marketing Manager, Marketing
Specialist, Finance staff)
•Print Publications
⚬Multiple Contracts
⚬Multiple Purchase Orders
⚬Submissions (Weekly/Monthly)
•Radio Ads
⚬Contract
⚬Purchase Order
⚬Scriptwriting
⚬Submissions
•Airport Digital Display
⚬Contract
⚬Purchase Order
⚬Ad creation
•Digital Billboards
⚬Contract
⚬Purchase Order
⚬Ad creation
•Graphic Design
⚬Contract
⚬Purchase Order
•Press Release
⚬Gathering information
⚬Purchase Analytic software/Review
Analytics
•Guide to La Quinta
⚬Contract
⚬Purchase Order
⚬Gather content
⚬Photography (in some cases)
Total: $573,000
DIRECT MARKETING SPEND COMPARISON
Palm Springs
FY 21/22: $2.8M
FY 22/23: $3.1M
Indian Wells
FY 21/22: $802K
FY 22/23: $854K
Indio
FY 21/22: $895K
FY 22/23: $1.1M
Rancho Mirage
FY 21/22: $1.66M
FY 22/23: $1.61M
Palm Desert
FY 21/22: $1.58M
FY 22/23: $1.81M
Cathedral City
FY 21/22: $833KK
FY 22/23: $852K
La Quinta
FY 21/22: $750K
FY 22/23: $850K
Desert Hot Springs
FY 21/22: $157K
FY 22/23: $155K
91
92
June 21, 2022
47
Questions?
93
94
June 21, 2022
48
City Council Meeting
June 21, 2022
B4 - Approve MOU for Greater Coachella Valley
Chamber of Commerce for FY 2022/23
Memorandum of Understanding
Overview
•Since 1991 annual services agreements with
Chamber
•Event funding assist
–State of the City - October 6, 2022 La Quinta
Resort
–Hot Rod & Custom Car Show
•Business engagement
•The Gem
95
96
June 21, 2022
49
The Gem
•8 pages monthly
–6 pages of City content
–2 pages of educational content
related to SB 1383
–$1,100 each additional page
2022/23 Fiscal Impact
•Event assist and business
engagement - $33,000
•The Gem - 12 issues distributed to
residents and businesses - $92,000
Total - $125,000
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98
June 21, 2022
50
Questions/Comments
This Photo by Unknown Author is licensed under CC BY‐SA‐NC
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100
June 21, 2022
51
City Council Meeting
June 21, 2021
B5 – SilverRock Resort 2022/23
Annual Plan
Fiscal Impact
•Operating Expenses $4,986,723
•Operating Revenue $4,532,424
•Net Loss ($454,299)
•Additional Non-Golf SilverRock Expenses
–Bank Fees $100,000
–Equipment Repairs $10,000
–Repair & Maintenance $20,000
General Fund to Underwrite ($600,000)
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Annual Plan Assumptions
•Impact of Site Construction
–41,996 Rounds = $89.18 avg. Green Fee and $97.63 per round
•Minimum Wage Increase Jan. 1, 2022 to $15.50 per hour
–Increase cost approx. $26,000
•Continue 2% into Capital Reserves or approximately $62,000
–Current Capital Reserve Balance of $525,200
•Management Fee increasing 5% to $124,488
•Advertising Budget $151,100
•Increases in water, seed and fuel costs
Discussion
and
Questions
Thank You
103
104
June 21, 2022
53
City Council Meeting
June 21, 2022
B6 – Adopt Fiscal Year 2022/23 Budget
105
106
June 21, 2022
54
Budget Adoption Summary
General Fund
Revenues and
Expenses
Measure G
Sales Tax
General
Fund
Reserves &
Carryovers
Summary
of all
Funds
Appropriations
Limit
Personnel
Schedule
2022/23 General Fund Summary
Revenues 68,321,100$
Less Operating/CIP Expenses (64,651,274)
Preliminary Budget Surplus 3,669,826
Less Measure G Reserves (3,353,000)
BUDGET SURPLUS 316,826$
GENERAL FUND
FY 2022/23 CURRENT PROPOSED BUDGET
Revenues 67,821,100$
Less Operating/CIP Expenses (64,056,424)
Preliminary Budget Surplus 3,764,676
Less Measure G Reserves (3,353,000)
BUDGET SURPLUS 411,676$
TOT- Hotels 300,000$
Fire Service Credit 200,000
Parks Maintenance Division 5,150
LLD Transfers Out (600,000)
Total Adjustments (94,850)
AMENDED BUDGET SURPLUS 316,826$
GENERAL FUND AS OF 6/21/22
GENERAL FUND
FY 2022/23 ORIGINAL PROPOSED BUDGET
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55
Measure G Sales Tax
Measure G Sales Tax Revenue 13,500,000$
Police Services (5,100,000)
Capital Improvements (5,047,000)
Available for Appropriation 3,353,000$
MEASURE G SALES TAX SUMMARY Measure G
Reserves
25%
Police
Services
38%
Capital
Improvements
37%
Allocation by Category
General Fund Reserves
•Capital Improvement Carryovers estimated at $16,000,000
•Operating Carryovers $1,404,100
•RDA Loan repayment $3,369,682
- 80% General Fund $2,695,746
- 20% Housing Authority Fund $673,936
Fund Balance Summary Estimated as of
6/30/2022 Target Deficit/Surplus
Emergency Reserves
Natural Disaster 10,000,000$ 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 27,170,000 - -
Total Committed & Unassigned Funds 63,170,000 36,000,000 -
-
Sales Tax (Measure G) 13,239,241 -
Public Safety Fire Service Trust 12,800,000 -
Pension Trust Fund 10,419,000 10,000,000 419,000
Other Post Employment Benefit Trust 2,025,000 -
Total Assigned Funds 38,483,241
Overall Total 101,653,241$ 46,000,000 419,000
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Summary of All Funds
•Total for all Funds:
–Revenues
$111,213,788
–Expenses $106,251,217
Appropriations Limit & Personnel
•Limit for 2022/23 - $161,412,270
–Total applicable revenues $67,321,000
–Under by $94,091,270
•Personnel Schedule
–91 Full-Time
–8.87 Part-Time
–5 Elected Officials
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112
June 21, 2022
57
Discussion & Questions
113
114
June 21, 2022
58
Housing Authority Meeting
June 21, 2022
B7 – Adopt Fiscal Year 2022/23 Budget
Budget Summary
•Approved by Housing
Commission
•Ongoing operations are
structurally balanced
•Continuous monitoring as
economic situation fluctuates
Housing Fund Revenues 2021/22
Current
2022/23
Adopted
Variance
Current vs.
Proposed
241 - Housing Authority 1,666,400 1,451,500 (214,900)
243 - RDA Low-Mod Housing 35,000 20,000 (15,000)
249 - SA 2011 Low/Mod Bond 201,000 25,000 (176,000)
Total Revenues 1,902,400 1,496,500 (405,900)
RDA Loan Repayment 660,722 673,936 13,214
Total Operating Revenues 2,563,122 2,170,436 (392,686)
Housing Fund Expenditures 2021/22
Current
2022/23
Adopted
Variance
Current vs.
Proposed
241 - Housing Authority 1,761,200 1,712,670 (48,530)
243 - RDA Low-Mod Housing 250,000 250,000 -
249 - SA 2011 Low/Mod Bond 8,650,545 20,000 (8,630,545)
Total Expenditures 10,661,745 1,982,670 (8,679,075)
Budget Surplus/(Deficit) (8,098,623) 187,766
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59
Fund Balance Summary
FUND
#FUND NAME
ESTIMATED
AVAILABLE
FUND
BALANCE
July 1, 2022
ESTIMATED
REVENUES
ESTIMATED
EXPENDITURES
ESTIMATED
ENDING FUND
BALANCE
June 30, 2023
241 HOUSING AUTHORITY FUND 12,000,000 1,451,500 1,712,670 11,738,830
243* RDA LOW-MOD HOUSING FUND 3,000,000 693,936 250,000 3,443,936
249 SA 2011 LOW/MOD BOND 2,900,000 25,000 20,000 2,905,000
17,900,000 2,170,436 1,982,670 18,087,766
CITY OF LA QUINTA ESTIMATED ENDING FUND BALANCES
FISCAL YEAR ENDING JUNE 30, 2023
GRAND TOTAL
* General Fund and RDA Low-Mod Housing Fund estimates are for unappropriated reserves and included annual
Successor Agency loan repayments as approved with the last and final recognized obligation payment schedule.
The repayment for FY 2022/23 is $673,936.
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June 21, 2022
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City Council Meeting
June 21, 2022
B8 – Fiscal Year 2021/22 Budget Update
Report
Report Summary
•Changes to General Fund, Internal Service
Fund, and Special Revenue Funds
•Recognize American Rescue Plan Act funds
•Recommended adjustments
–Revenues $16,513,504
–Expenditures $1,160,500
•Estimated year-end reserves
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120
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61
General Fund Revenue
Revenue Description - General Fund Adjustment
State Sales Taxes 1,000,000
Measure G Sales Taxes 1,200,000
Document Transfer Tax 490,000
TOT - Hotels 2,500,000
TOT - Short-Term Vacation Rentals 1,700,000
Building Permits 300,000
Plumbing Permits 75,000
Mechanical Permits 75,000
Fire Service Reserves (230,000)
CSA-152 (125,000)
Federal Government Revenue 4,993,504
TOTAL GF REVENUE ADJUSTMENTS 11,978,504$
•Increases in TOT and Sales Tax
as pent‐up travel demand is
realized
•Increases to Permits to reflect
ongoing building activity
•Decreases in reimbursable
revenues to align with invoice
timing and receipts
•Recognition of American
Rescue Plan Act (ARPA) State
and Local Fiscal Recovery Funds
(SLFRF)
Other Funds Revenue
Revenue Description - Other Funds Adjustment
Non-Allocated Interest (175,000)
Developer Fees - Transportation DIF 2,300,000
Developer Fees - Parks & Rec DIF 500,000
Developer Fees - Civic Center DIF 450,000
Developer Fees - Library DIF 125,000
Developer Fees - Comm. & Cultural DIF 300,000
Developer Fees - Fire DIF 125,000
Developer Fees - Maint. Facilities DIF 110,000
Greens Fees 800,000
TOTAL REVENUE ADJUSTMENTS 4,535,000$
•Decrease in interest earnings
due to current rates and
utilization of funds for land
purchase
•Increases to Developer Fees due
to ongoing building activity
•Increase to Greens Fees to
account for purchased golf
rounds
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June 21, 2022
62
Expenditure Adjustments
Fund Expense Adjustment
General Fund 725,000$
CITY MANAGER 20,000$
CITY CLERK 32,000$
CENTRAL SERVICES 136,000$
COMMUNITY RESOURCES 133,500$
MARKETING 115,000$
DESIGN AND DEVELOPMENT 150,000$
PUBLIC WORKS 138,500$
Facility & Fleet Replacement Fund (Fund 501)56,500
SilverRock Fund (601)379,000
TOTAL ADJUSTMENTS ALL FUNDS 1,160,500$
•General Fund adjustments for operational needs
•Facility and Fleet adjustment due to rising gas prices
•SilverRock adjustments for lake pump repair and increased operations
Estimated Reserves
Reserve Category Current Target Surplus/(Deficit)
Cash Flow Reserve 5,000,000 5,000,000 -
Natural Disaster Reserve 10,000,000 10,000,000 -
Economic Disaster 11,000,000 11,000,000 -
Capital Replacement Reserve 10,000,000 10,000,000 -
Pension Trust Benefits* 10,474,886 10,000,000 474,886
46,474,886 46,000,000 474,886
*Pension trust balance as of 5/31/2022
Balance as of 6/30/2021 24,200,000
Estimated Surplus FY 21/22 7,800,000
RDA Loan Repayment 2,640,000
Bridge Funding -7,470,000
Projected as of 6/30/2022 27,170,000
Estimated Unassigned Fund Balance
Amounts appearing in this column are rounded
estimates. Unassigned Fund Balance is calculated
during the annual audit and can be found on the
Balance Sheet- Governmental Funds in the
Annual Comprehensive Financial Report (ACFR)
FY Revenue Public Safety Capital Projects Reserves
2016/17 1,462,650$ -$ 1,462,650$ -$
2017/18 9,967,657$ 300,000$ 8,583,307$ 1,084,350$
2018/19 10,958,118$ 2,950,000$ 3,624,343$ 4,383,775$
2019/20 10,310,526$ 2,750,000$ 5,424,382$ 2,136,144$
2020/21 12,594,389$ 4,545,000$ 525,000$ 7,524,389$
2021/22 13,500,000$ 5,163,000$ 10,226,417* (1,889,417)$
Totals 58,793,340$ 15,708,000$ 29,846,099$ 13,239,241$
*Includes Bridge Funding
Measure G Summary
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June 21, 2022
63
Discussion & Questions
125
126
June 21, 2022
64
City Council Meeting
June 21, 2022
B9 – Affirm Resolution No. 2021-035 Findings re
State of Emergency due to COVID-19 Authorizing
Teleconference Accessibility to Conduct Public
Meetings (AB 361)
127
128
June 21, 2022
65
City Council Meeting
June 21, 2022
S1 – Master Planning Progress for
Cultural Campus Project 2019-01
Cultural Campus Background
2018:
CITY ACQUIRED
LUMBERYARD
PROPERTY
2019/20:
STAKEHOLDER
DISCUSSIONS, TOUR
OF MUSEUMS,
ARCHIVES, AND
HISTORIC
PRESERVATION
MARCH 2022:
APPROVED AGREEMENT
WITH HGA TO PROVIDE
MASTER PLANNING AND
PRELIMINARY DESIGN –
NOT TO EXCEED 10%
JUNE 2022:
MASTER PLANNING AND
PRELIMINARY DESIGN
PROGRESS CHECK IN
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June 21, 2022
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132
June 21, 2022
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133
134
June 21, 2022
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135
136
June 21, 2022
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138
June 21, 2022
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139
140
June 21, 2022
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142
June 21, 2022
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144
June 21, 2022
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146
June 21, 2022
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148
June 21, 2022
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150
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152
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154
June 21, 2022
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156
June 21, 2022
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Project Funding
FUNDING SOURCE FUNDING
AMOUNT
Community/Cultural
Center DIF
$ 125,000
Measure G $ 310,000
Library Funds $ 2,875,000
TOTAL:$ 3,310,000
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158
June 21, 2022
80
Project Budget
Professional $ 190,182
Master Planning/Design $ 532,114
Construction $ 2,053,636
Inspection/Testing/Survey $ 217,705
Contingency $ 316,363
TOTAL:$ 3,310,000
Project Budget
Next Steps
STAKEHOLDER
ENGAGEMENT AND
FEEDBACK
FINALIZE
MASTER PLAN
COMPLETE
PRELIMINARY DESIGN
159
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June 21, 2022
81
Questions?
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WRITTEN
PUBLIC
COMMENT
CITY COUNCIL
MEETING
JUNE 21, 2022
CVWD CAN NO LONGER GUARANTY A 20 YEAR WATER SUPPLY FOR CORAL MOUNTAIN SURF PARK
Alena Callimanis
81469 Rustic Canyon Dr.
La Quinta, CA 92253
919 606-6164
acallimanis@gmail.com
June 21, 20222
La Quinta City Council Members,
The Daily Headlines Confirm The Colorado River Mega-Drought Has Reached An Extreme And
Potentially Catastrophic Point.
On June 14th A top federal water official issued a veiled warning to Imperial Irrigation District, the
Coachella Valley Water District, the Los Angeles Metropolitan Water District and other districts in the
Golden State, Arizona and Nevada that rely on Lake Mead, urging them to complete another major
voluntary reduction agreement by mid-August.
"Between 2 and 4 million acre-feet is needed just to protect critical levels in 2023. It is within our
authorities to act unilaterally to protect the system
“We are 150 feet from 25 million Americans losing access to the Colorado River, and the rate of
decline is accelerating,”
“Every user in every sector needs to be planning for how they're going to take care of their share
of the pain."
“There’s no way around this. Cities alone cannot address this crisis,”
“Avoiding “potentially catastrophic conditions,”, will require reductions that many water
managers previously considered unattainable.
When CVWD spoke to the City Council or the Planning Commission, CVWD's planning and projections of
water supplies were 2 years old and did not reflect this Mega-Drought’s realities even in January 2022.
The Indio Subbasin Management Report dated January 2022, which the developer has said reflected the
drought, did not reflect this dire situation.
This is the current CVWD engineering report dated April, 2022.
CVWD'S 2022-2023 ENGINEER'S REPORT: http://cvwd.org/ArchiveCenter/ViewFile/Item/978
This report states that the State Water Project negotiated allocation of the Colorado River Water for
CVWD was 138,350 AFY which is about 45 billion gallons of water.
The report says that in 2021, CVWD only received 5% of that allocation, which was 6,900 acre feet, 2.25
Billion gallons. Five percent is also the allocation CVWD is receiving in 2022. The developer told
CITY COUNCIL MEETING - JUNE 21, 2022 - HAND-OUT BY RESIDENT ALENA CALLIMANIS
MATTERS NOT ON THE AGENDA - LETTER TO CITY COUNCIL RE: CORAL MOUNTAIN
CVWD CAN NO LONGER GUARANTY A 20 YEAR WATER SUPPLY FOR CORAL MOUNTAIN SURF PARK
you that the January 2022 Indio Subbasin CVWD Document reflected the drought by using a ‘conservative’
estimate of 45% or 62,300 acre feet, 20 Billion gallons of State Water Project allocation going forward for
the next 10 years. In other words, even though CVWD knew the allocation was only 5% in 2021 and 5%
in 2022, and with the ongoing drought, CVWD published a document that reflected the currently invalid
and significantly higher 45% amounts of Colorado River water allocation.
Do the math. CVWD is only getting 6,900 acre feet of their reported 62,300 acre feet of water. The
document everyone is saying is “Rock Solid” is actually starting with a deficit of 55,400 acre-feet or about
18 billion gallons less of water this year, which means we will actually need to draw significantly more
drinking water from our aquifer for non-drinking purposes.
And in the Subbasin document, CVWD continues to say they have Senior Rights to the Colorado River
water and in the worst case scenario they might have to give up 26,000 acre-feet of water to leave in the
Colorado River basin. CVWD did nothing to reflect this in their projections and in fact shows an increase
every year in Colorado River Water allocation.
I am sure you all have seen the headlines regarding the current emergency conditions with the Colorado
River Basin. ”Colorado River states need to drastically cut down their water usage ASAP, or the federal
government will step in”. The Federal Bureau of Reclamation stated on Tuesday June 14 that if the seven
States don’t immediately find a way to cut 2 to 4 million acre-feet more, then the Federal Bureau will
step in and senior water rights will be ignored by mid-August
To understand the MAGNITUDE of a 2-4 million acre-feet cutback in Lake Mead these are California’s and
Arizona’s Current Lake Mead Allotments. California is entitled to 4.4 million acre-feet of Colorado River
water per year, while Arizona’s allotment is 2.8 million. We are facing potential 50%+ reductions
Of Lake Mead Colorado River Water.
Stage 2 conservation methods announced by CVWD put most of the cuts on the backs of residential users.
Coachella Valley Water District delivers 280,000 acre-feet annually of Colorado River water to some of
the most productive farms anywhere in the world. Golf Courses in the valley use up to 121,000 acre-
feet of water per year. That totals about 75% of our water usage. Note: 300,000 Residents Use
Approximately 92,000AF and are expected to do most of the current CUTBACKS.
You can no longer assume CVWD's Agricultural Board Members Interests Align With The Best
Interests of La Quinta Or The Coachella Valley.
AG Board members’ East Valley Property Holdings and Businesses all Depend on "FREE / Cheap /
Abundant Colorado River Water".
Approving the Coral Mountain Surf Resort with its Surf Basin, lake features, 600 potential STVRs (8 plus
people per STVR versus the 2.4 residents per home) in the midst of this drought crisis is a dereliction of
your duty to the people of La Quinta. By the way, using STVRs, versus the assumption of family homes for
the MAWA calculations, significantly exceeds the La Quinta maximum allowable water allocations.
CITY COUNCIL MEETING - JUNE 21, 2022 - HAND-OUT BY RESIDENT ALENA CALLIMANIS
MATTERS NOT ON THE AGENDA - LETTER TO CITY COUNCIL RE: CORAL MOUNTAIN
CVWD CAN NO LONGER GUARANTY A 20 YEAR WATER SUPPLY FOR CORAL MOUNTAIN SURF PARK
All of this information above also invalidates the water information contained in the EIR and makes
water also a condition in the EIR that can’t be mitigated.
It would be great if you could give us back our long 4th of July holiday by asking the developer to withdraw
his development application since it is clear you cannot approve it. There is no way CEQA can accept an
explanation of “need more tax revenue” as the mitigating factor to approve this EIR in this Megadrought.
CITY COUNCIL MEETING - JUNE 21, 2022 - HAND-OUT BY RESIDENT ALENA CALLIMANIS
MATTERS NOT ON THE AGENDA - LETTER TO CITY COUNCIL RE: CORAL MOUNTAIN
1
From:Kay Wolff <KayWolff@msn.com>
Sent:Monday, June 20, 2022 7:47 PM
To:Monika Radeva
Subject:WRITTEN COMMENT FOR JUNE 21, 2022 COUNCIL MEETING
** 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. **
Kay Wolff
77-227 Calle Ensenada, La Quinta
760-564-4070
Public Hearing #3 Renaming of Streets in Talus development
Please do not rename Ahmanson Way.
The Ahmanson Ranch is historically significant to our city. This street now leads to the
original 1902 ranch house and the area of the Robert Trent Jones golf course and
replicas of Mayan stonework. The cattle ranch consisted of over 500 acres.
The Historical Society placed two historic plaques to emphasize the importance of this
property.
I agree with the comment of Planning Commissioner Mary Caldwell, who cautioned
that we should not “erase the history” of our City.
Sent from Mail for Windows
CITY COUNCIL MEETING - JUNE 21, 2022 - WRITTEN COMMENTS BY RESIDENT KAY WOLFF
PUBLIC HEARING ITEM NO. 3 - SILVERROCK STREET NAME CHANGES