La Quinta City Council
May 3, 2022

Deliverable: Meeting minutes for each meeting. PowerPoint presentation for City Council and Commission Meetings.

Task 6 - City Approval of Master Plan
a) Consultant shall submit twelve (12) copies and one (1) electronic copy of the draft master plan for review and comment by City staff.
b) Based upon comments received from the City, consultant will revise the draft master plan and resubmit twenty (20) copies.
c) Staff approved master plan will be presented to the City Council as a study session item for review and comment and Community Services Commission Meeting. d) Consultant will make final changes and submit twenty (20) copies of the final version of the master plan. Consultant will provide electronic version compatible with existing City software.

OPTIONAL Task 7- Community Outreach
a) Consultant shall attend and assist City with two community meetings. (It is assumed the City will provide the venue and invite the public to the meetings). b) The first meeting shall present the existing site conditions, City’s goals for the project, and initial park programming and will provide the opportunity for the community to provide feedback on each of the above.
c) The second meeting will present the results of the first meeting and the draft park master plan for community feedback.

Deliverable: Community Meeting #1 memorandum of results.

Deliverable: Community Meeting #2 memorandum of results.

Exclusions:
a) Construction Documents
b) Architectural plans
c) Grading and drainage plans
d) Hydrology and drainage reports
e) Lighting and electrical plans
f) Structural engineering and calculations
g) Geotechnical studies and pavement recommendations
h) Splash Park mechanical, electrical, and plumbing plans i) Permitting
j) Agencies fees
k) Phase 2 or Phase 3 Environmental Audits
l) Anything else not specifically included in the Scope of Services above 164 Click Here to Return to Agenda
Exhibit A

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 TWENTY165 Click Here to Return to Agenda Exhibit A

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 166 Click Here to Return to Agenda
Exhibit A

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, 167 Click Here to Return to Agenda
Exhibit A

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.
168 Click Here to Return to Agenda
Exhibit B

Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed Seventy-Nine Thousand Three Hundred and Seventy-Five Dollars ($ 79,375.00) (“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.
169 Click Here to Return to Agenda
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Exhibit B Page of 
170
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Exhibit C

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. 171 Click Here to Return to Agenda
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Exhibit C
Page of 
172
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Exhibit D

Exhibit D
Special Requirements
None.
173 Click Here to Return to Agenda
Exhibit E

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 174 Click Here to Return to Agenda
Exhibit E

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 175 Click Here to Return to Agenda
Exhibit E

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.
176 Click Here to Return to Agenda
Exhibit E

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 selfinsured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and 177 Click Here to Return to Agenda
Exhibit E

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 noncompliance 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.
178 Click Here to Return to Agenda
Exhibit E

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.
179 Click Here to Return to Agenda
Exhibit F

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 except for professional liability claims (with counsel selected by City), and hold harmless City and any and all of its officials, and employees, (“Indemnified Parties”) from and against any and all losses, liabilities, 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, 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 act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party.
b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contracting Party shall indemnify, defend (with counsel selected by City), and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contracting Party or by any individual or entity for which Contracting Party is legally liable, including but not limited to officers, agents, employees, or subcontractors of Contracting Party.
c. Indemnity Provisions for Contracts Related to Construction (Limitation on Indemnity). Without affecting the rights of City under any provision of this agreement, Contracting Party shall not be required to 180 Click Here to Return to Agenda
Exhibit F

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, 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, 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 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. Contracting Party shall not be required to indemnify any indemnitee against professional liability claims but shall reimburse the indemnitee for reasonable attorneys’ fees and legal costs to the extent any such claim is caused by Contracting’s Party negligence or willful misconduct.

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 181 Click Here to Return to Agenda
Exhibit F

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: May 3, 2022

STAFF REPORT
AGENDA TITLE: APPROVE COOPERATIVE AGREEMENT WITH THE CITY OF INDIO FOR DESIGN AND CONSTRUCTION OF: 1) AVENUE 50 WIDENING IMPROVEMENTS PROJECT NO. 2022-05, 2) JEFFERSON STREET AND HIGHWAY 111 INTERSECTION IMPROVEMENTS PROJECT 2022-07, AND 3) JEFFERSON STREET SLURRY IMPROVEMENTS PROJECT 2021-17; AND APPROPRIATE

FUNDING FOR JEFFERSON STREET SLURRY IMPROVEMENTS

RECOMMENDATION
A. Appropriate funding in the amount of $594,000 for Jefferson Street Slurry Improvements.

B. Approve a cooperative agreement with the City of Indio for the design and construction of:

1. Avenue 50 Widening Improvements (Jefferson Street to Madison Street) Project No. 2022-05;

2. Jefferson Street and Highway 111 Intersection Improvements Project No. 2022-07; and

3. Jefferson Street Slurry Improvements Project 2021-17.

C. Authorize the City Manager to finalize and execute the agreement.

EXECUTIVE SUMMARY
• This Cooperative Agreement will cover three separate projects with shared jurisdictional boundaries:
o Avenue 50 widening improvements between Jefferson Street and Madison Street;
o Jefferson Street and Highway 111 intersection improvements; o Jefferson Street Slurry Improvements between Avenue 50 and the Northern City Limits near Dunbar Drive
• Avenue 50 Improvements and Jefferson Street and Highway 111 Intersection Improvements are included in the Fiscal Year (FY) 2022/23 Capital Improvement Program (CIP).

BUSINESS SESSION ITEM NO. 3
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• Staff is requesting funding for Jefferson Street Slurry Improvements for the construction phase.
• La Quinta will pay 50% of the local agency cost for the design phases of the projects and actual jurisdictional cost for the right of way and construction phases of the projects.

FISCAL IMPACT
Staff requests $594,000 of General Fund monies be appropriated for the construction phase of Jefferson Street Slurry Improvements. This budget includes a 10% contingency.

Avenue 50 Improvements are included in the CIP under development (Project No. 2022-05) with the following budget: FY 2022/23 $100,000 for Design; and FY 2023/24 $471,613 for Construction.

Jefferson Street and Highway 111 Improvements are included in the CIP under development (Project No. 2022-07) with the following budget: FY 2022/23 $487,000.

BACKGROUND/ANALYSIS
The City of Indio and the City of La Quinta have discussed and identified opportunities to partner on three shared jurisdictional projects:
• Avenue 50 widening improvements between Jefferson Street and Madison Street
o This project is within the City’s Transportation Needs Analysis and will be reimbursed by CVAG for 75% of the project costs. o Improvements will widen corridor to the modified ultimate condition
 Two lanes in each direction
 Bike lanes on each side
 Sidewalk on north side of Avenue 50
 Decomposed granite trail on southside of Avenue 50
 Improved drainage system
• Jefferson Street and Highway 111 intersection pavement and grading/drivability improvements
o This intersection has been identified by Staff and Residents as a priority project to improve the pavement quality and drivability 184 Click Here to Return to Agenda
• Jefferson Street Slurry Improvements between Avenue 50 and the Northern City Limits near Dunbar Drive
o Staff recommends including this project to complete improvements within the shared jurisdiction corridor while the City of Indio is performing slurry operations. Improvements will include buffered bike lanes.

Schedule:
• Avenue 50 Improvements: City of Indio is in the process of procuring a Design Consultant
• Jefferson Street and Highway 111: Preliminary Design is underway • Jefferson Street Slurry Improvements: City of Indio is anticipated to start construction by the end of May 2022

ALTERNATIVES
Staff does not recommend an alternative.

Prepared by: Julie Mignogna, Management Analyst
Approved by: Bryan McKinney, Public Works Director/City Engineer Attachment: 1. Cooperative Agreement
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COOPERATIVE AGREEMENT
FOR AVENUE 50 IMPROVEMENTS; JEFFERSON STREET AND HIGHWAY 111 INTERSECTION IMPROVEMENTS PROJECT; AND JEFFERSON STREET

PAVEMENT IMPROVEMENTS WITHIN THE SHARED JURISDICTIONAL

BOUNDARY
This COOPERATIVE AGREEMENT FOR AVENUE 50 IMPROVEMENTS;
JEFFERSON STREET AND HIGHWAY 111 INTERSECTION IMPROVEMENTS PROJECT;

AND JEFFERSON STREET PAVEMENT IMPROVEMENTS WITHIN THE SHARED JURISDICTIONAL BOUNDARY (hereinafter “Agreement”) is entered into this ______ day of _______________, 2022 between the City of Indio (INDIO), a California municipal corporation, referred to herein as “INDIO.” The CITY OF LA QUINTA (LA QUINTA), a California a municipal corporation and charter city, is referred to herein as “LA QUINTA,” collectively referred to as “Contracting Parties” or individually as “Contracting Party.”

1.0 SCOPE OF AGREEMENT

1.1 Scope for Project A. In compliance with all terms and conditions of this Agreement, Contracting Parties hereby agree to design improvements for Avenue 50 from Jefferson Street to Madison Street. Improvements are proposed to increase capacity, mitigate flooding, improve driver safety, and increase traffic flow along Avenue 50 from Jefferson Street to Madison Street intersection (“Scope A Project”), depicted in Exhibit “A” attached hereto and incorporated herein by reference. Contracting Parties hereby agree that Indio will act as the lead and will be responsible to complete or cause to complete the project management, preliminary design, drainage report, environmental evaluations, survey, and geotechnical report (collectively referred to herein as “Scope A Preliminary Professional Services”). Parties hereby agree that design and construction of the Project will be publically bid to advertised for proposals from professional services firms for plans and specifications. The approximate cost for Scope A Preliminary Professional Services is specified in the Design Cost in Exhibit “B” attached hereto and incorporated herein by reference (“Scope A Project Cost”). Contracting Parties hereby agree that La Quinta shall reimburse Indio for 50% of the Preliminary Scope A Project Cost as identified in the Project Estimate in Exhibit “B”, excluding the items in Section 3.2, in accordance with the terms of this Agreement. Following the completion of the Scope A Preliminary Professional Services this agreement may be amended to include Final Professional Services and Construction.

1.2 Scope for Project B. In compliance with all terms and conditions of this Agreement, Contracting Parties hereby agree to design improvements at the intersection of Jefferson Street and Highway 111. The proposed improvements include rehabilitating ATTACHMENT 1
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the existing asphalt concrete and re-grading the intersection to improve drainage and driveability (“Scope B Project”), depicted in Exhibit “A” attached hereto and incorporated herein by reference. Contracting Parties hereby agree that Indio will act as the lead and will be responsible to complete or cause to complete the project management, preliminary design, environmental evaluations, drainage evaluation, survey, and geotechnical report (collectively referred to herein as “Scope B Preliminary Professional Services”). The cost for Scope B Preliminary Professional Services is specified in the Design Cost in Exhibit “B” attached hereto and incorporated herein by reference (“Scope B Project Cost”). Contracting Parties hereby agree that La Quinta shall reimburse Indio for 50% of the Scope B Project Cost, excluding the items in Section 3.2, in accordance with the terms of this Agreement.

Following the completion of the Preliminary Professional Services this agreement may be amended to include Final Professional Services and Construction.

1.3 Scope for Project C. In compliance with all terms and conditions of this Agreement, Contracting Parties hereby agree to construct, finance, operate, and maintain improvements along Jefferson Street with the shared jurisdictional boundary. The proposed improvements includes crack fill, REAS slurry seal, striping, and localized dig-outs (“Scope C Project”), depicted in Exhibit “A” attached hereto and incorporated herein by reference. Contracting Parties hereby agree that Indio will act as the lead and will be responsible to complete or cause to complete the project management, construction management, material testing, and construction (collectively referred to herein as “Scope C Construction Services”). The cost for Scope C Construction Services is specified in the Project Estimate in Exhibit “B” attached hereto and incorporated herein by reference (“Scope C Project Cost”). Contracting Parties hereby agree that La Quinta shall reimburse Indio for 100% of the work done within the City of La Quinta jurisdictional boundary, excluding the items in Section 3.2, in accordance with the terms of this Agreement.

1.3 Compliance with Law. The Projects contemplated herein shall be paid for and constructed in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of the City, County, and any Federal, State, or local governmental agency of competent jurisdiction.

1.4 Wage and Hour Compliance. Contracting Parties shall require all Contractors to comply with applicable Federal, State, and local wage and hour laws for the Projects.

1.5 Licenses, Permits, Fees and Assessments. Contracting Parties shall require Contractors to obtain such licenses, permits, and approvals as may be required by law for the performance of the Projects, and Contractors shall be responsible 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 Projects.
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1.6 Familiarity with Project. Contracting Parties shall require any Contractor to warrant that they (a) have thoroughly investigated and considered the Projects to be performed, (b) have investigated the site where the Projects is to be constructed and fully acquainted with the conditions there existing, (c) have carefully considered how the Projects should be completed, and (d) fully understand the facilities, difficulties, and restrictions attending completion of the Projects.

1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Parties shall fund and construct the Projects as depicted in Exhibit “A” and the Project Costs in Exhibit “B”. If additional work is required beyond the work contemplated by the scope of work presented in Exhibit “A” and or the cost presented in Exhibit “B”; Contracting Parties shall not authorize any Design Engineer or Contractor to perform such Additional Work until receiving prior written authorization from all Contracting Parties.

All contract change orders which individually or cumulatively exceed 10% of the bid price as described in Exhibit “B” for the relevant contract bid items shall be submitted by Indio to La Quinta for review and approval prior to authorization by Indio.

1.8 Responsibility for Operations and Maintenance Following Project Completion. Upon completion of the Project, the Contracting Parties shall assume maintenance responsibilities for the improvements within the respective jurisdictions of the Contracting Parties. Notwithstanding, any agreement(s) in place prior to this Agreement shall remain in full force and effect in accordance with the terms and provisions of those preexisting agreements.

2.0 PAYMENT OF COSTS

2.1 Contract Sum. Contracting Parties understand that Indio may include Project A as part of a larger project. However, for this portion of work from Jefferson Street to Madison Street, as contemplated by this Agreement, Contracting Parties shall pay a percentage of the combined total anticipated price in the amount of one hundred sixty-five thousand dollars ($165,000) (“Scope A Project Cost”), as described in more detail in Exhibit “B.” CVAG shall contribute 75% of the project cost. The remaining will be split with the City of La Quinta contributing 50% of the Project Cost and the City of Indio contributing 50% of the Project Cost, subject to the following terms.

For Project B contemplated by this Agreement, Contracting Parties shall pay a combined total price in the amount of fifty-five thousand seven hundred twenty dollars ($55,720) (“Scope B Project Cost”), as described in more detail in Exhibit “B.” The City of La Quinta shall contribute 50% of the Project Cost, and the City of Indio shall contribute 50% of the Project Cost, subject to the following terms.

For Project C contemplated by this Agreement, the City of La Quinta shall pay the total price in the amount of five hundred forty thousand dollars ($540,000) (“Scope C Project Cost”), as described in more detail in Exhibit “B.” The City of La Quinta shall contribute 100% of the Project Cost within the City of La Quinta jurisdiction boundary, subject to the following terms. 189 Click Here to Return to Agenda
The Contracting Parties acknowledge that Indio will executed an agreement for outside funding for Project A preliminary project design costs with the Coachella Valley Association of Governments (“CVAG”) in the amount not to exceed six hundred seventy-five thousand dollars ($675,000) for Preliminary Engineering Costs. The budget allocation is specified in the Project Estimate in Exhibit “B” attached hereto and incorporated herein by reference (“Project Cost”).

Indio shall be responsible for the initial payment of Project Costs. Indio shall invoice La Quinta and La Quinta shall reimburse Indio quarterly or upon completion of major milestone of work for each Project as requested by Indio. An estimate is provided in Exhibit “B”.

The Contracting Parties acknowledge that the internal staff costs of Indio and La Quinta shall be paid for by each Contracting Party and are not included as reimbursements in this Agreement between each Contracting Party. However, La Quinta may submit periodic summaries of actual internal costs incurred to La Quinta and Indio shall endeavor to submit for reimbursement from CVAG as reimbursement is available. Indio after receiving reimbursement from CVAG shall reimburse La Quinta for CVAG’s share of the cost.

Any Additional Services required shall be approved in advance and paid for in proportional shares upon obtaining written authorization for such Additional Services from all Contracting Parties.

3.0 COORDINATION OF WORK

3.1 Representative of Contracting Party. The following principals of Contracting Party (“Representatives”) are hereby designated as being the representatives of each Contracting Party authorized to act in its behalf with respect to the Projects specified herein and make all decisions in connection therewith:
a. Timothy T. Wassil, P.E., P.M.P, C.C.M, Director of Public Works, City of Indio E-mail: [email protected]
b. Bryan McKinney, PE, Public Works Director/City Engineer, City of La Quinta E-mail: [email protected]
The foregoing Representatives shall be responsible during the term of this Agreement for directing all activities of their respective Contracting Party. For purposes of this Agreement, the foregoing Representatives may not be changed without the approval of all Contracting Parties, which approval shall not be unreasonably withheld or denied.

3.2 Contracting Party Responsibilities. In furtherance of this Agreement, and as the lead agency for the Project, Indio hereby agrees to complete the following objective:
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Scope A and Scope B:
(1) To complete the Project Approval and Environmental Document Phase (PA&ED).

The phase of work includes procuring a design firm, finalizing the design approach and parameters, and completing the appropriate environmental documents to secure environmental clearance. Indio shall also secure any necessary environmental permits.
(2) To prepare Preliminary Plans, Specifications, and Estimates (Preliminary PS&E) for the Project. Preliminary PS&E shall be prepared in accordance with the standards and practices of Indio and La Quinta based on respective jurisdictional boundaries and all applicable laws and regulations therein. (3) To identify and locate all utility facilities with the Project area as part of its Project design responsibility.
(4) To prepare an environmental document to obtain necessary environmental clearances in accordance with the California Environmental Quality Act (CEQA). (5) To apply for a no-fee encroachment permit for work within La Quinta’s street rights-of-way, in accordance with La Quinta standard permit procedures, provided that La Quinta agrees to cooperate in the issuance of any other required permits necessary for the Project.

Scope C:
(1) To complete the Construction Services as identified in the Scope C Project. Provide final accounting and quantity adjustments.

La Quinta, upon submittal by Indio or any employee, or agent, shall review and participate in Design Firm Selection for Project A.

La Quinta, upon submittal by Indio or any employee, or agent, shall review the environmental reports, project studies, and preliminary plans.

Indio, free of charge, upon application by Indio or any employee, agent, or contractor of Indio, shall issue the necessary encroachment permits for required work within the Contracting Party’s street right-of-way associated with the Project.

In the construction of the Project, Indio will furnish or contract for a representative to perform the function of “Resident Engineer,” and La Quinta hereby reserves the right to provide a representative to assist the Resident Engineer. Representatives from La Quinta may consult with Indio’s Resident Engineer; however, Indio’s Resident Engineer’s decision shall be considered final.
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3.4 Independent Contractor. The Contracting Parties hereby acknowledge that neither Contracting Parties nor any employees of Contracting Parties shall have any control over the manner, mode, or means by which any selected Contractor and its agents and employees perform the services contemplated by the project, except as otherwise set forth herein. Contracting Parties shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing the Services for the Project. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services for the Project shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by Contracting Parties, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of Contracting Parties and entitlement to any contribution to be paid by Contracting Party for employer contributions and/or employee contributions for PERS benefits.

4.0 INDEMNIFICATION.

4.1 Indemnification by Indio. Indio agrees to indemnify, defend and hold harmless La Quinta and their respective officials, officers, agents, and employees from and against liability, expenses (including reasonable attorneys’ fees), losses, suits, and actions, and for damages relating to suits and actions (including bodily injury, death, personal injury, or property damage) arising from Indio’s performance or failure to perform under this Agreement, except to the extent such liability, expenses, losses, and damages are caused by the negligence or willful misconduct of La Quinta, in the respective comparative amounts as established by a court of competent jurisdiction or otherwise stipulated by the Contracting Parties.

4.2 Indemnification by La Quinta. La Quinta agrees to indemnify, defend and hold harmless Indio and their respective officials, officers, agents, and employees from and against liability, expenses (including reasonable attorneys’ fees), losses, suits, and actions, and for damages relating to suits and actions (including bodily injury, death, personal injury, or property damage) arising from La Quinta performance or failure to perform under this Agreement, except to the extent such liability, expenses, losses, and damages are caused by the negligence or willful misconduct of Indio, in the respective comparative amounts as established by a court of competent jurisdiction or otherwise stipulated by the Contracting Parties.

4.3 Indemnification from Contractor. Contracting Parties shall require each and every Contractor performing work for the Projects to indemnify, defend, and hold harmless, to the maximum extent allowable by law, the Contracting Parties for that work performed on the Projects by the Contractor.

5.0 RECORDS AND REPORTS.

5.1 Records. Contracting Parties shall keep such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other 192 Click Here to Return to Agenda
documents relating to the Projects (“Books and Records”) for three (3) years following completion of the Project. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contracting Parties shall have full and free access to such Books and Records of any other Contracting Party at all times during normal business hours, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records.

5.2 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 for the Project (the “Documents and Materials”) shall be the joint property of all Contracting Parties. Any Contracting Party shall be entitled to use or reuse such completed Documents and Materials for other projects and/or use uncompleted documents for any purpose.

6.0 ENFORCEMENT OF AGREEMENT.

6.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the Contracting 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 Parties covenant and agree to submit to the personal jurisdiction of such court in the event of such action.

6.2 Disputes. In the event of any dispute arising under this Agreement, the injured Contracting Party shall notify the remaining Contracting Parties in writing of its contentions by submitting a claim therefore. The injured Contracting Party shall continue performing its obligations hereunder so long as the injuring Contracting Party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within fortyfive (45) days after service of the notice or as soon thereafter as practicably may be accomplished, provided that if the default is an immediate danger to the health, safety, or general welfare, the injured Contracting Party may take such immediate action as deemed 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 Contracting Party's right to take legal action in the event that the dispute is not cured.

6.3 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting Contracting Party on any default shall impair such right or remedy or be construed as a waiver. Contracting Parties’ consent or approval of any act by any other Contracting Party requiring consent or approval shall not be deemed to waive or render unnecessary consent to or approval of any subsequent act of Contracting Party. Any waiver by any Contracting Party of any 193 Click Here to Return to Agenda
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.

6.4 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 Contracting Parties are cumulative and the exercise by any Contracting 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 another Contracting Party.

6.5 Legal Action. In addition to any other rights or remedies, any Contracting 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.

6.6 Attorneys' Fees. If any Contracting 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 Contracting 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 such Contracting Party for legal services multiplied by the actual hours spent by the prevailing Contracting Party in the conduct of the litigation. Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition a Contracting 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.

7.0 OFFICERS AND EMPLOYEES; NONDISCRIMINATION.

7.1 Non-liability of Officers and Employees. No officer, official, employee, agent, representative, or volunteer of any Contracting Party shall be personally liable to any Contracting Party, or any successor in interest, in the event of any default or breach by any Contracting Party 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.

7.2 Conflict of Interest. Contracting Parties covenant that neither Contracting Parties, nor any officer or principal thereof, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of Contracting Parties or which would in any way hinder Contracting Parties’ performance of this Agreement. Contracting Parties agree to at all times avoid conflicts of interest or the appearance of any conflicts of interest in the performance of this Agreement.
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No officer or employee of any Contracting Party 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 local or State statute or regulation.

7.3 Covenant against Discrimination. Contracting Parties covenant 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 Parties shall take affirmative action to ensure employees and Contractor’s employees and agents are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.

8.0 MISCELLANEOUS PROVISIONS

8.1 Notice. Any notice, demand, request, consent, approval, or communication any Contracting Party desires or is required to give to any other Contracting Party shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Any Contracting Party may change its address by notifying the other Contracting 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 of Indio
P.O. Box Drawer 1788/100 Civic Center
Indio, CA 92201
Attn: City Manager
Telephone: (760) 391-4000
FAX No.: (760) 391-4008
To City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Attn: City Manager
Telephone: (760) 777-7000

8.2 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 any Contracting Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
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8.3 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.

8.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the Contracting 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 Contracting Parties, and none shall be used to interpret this Agreement.

8.6 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by all Contracting Parties. The Contracting Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

8.7 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 Contracting Parties hereunder unless the invalid provision is so material that its invalidity deprives any Contracting Party of the basic benefit of their bargain or renders this Agreement meaningless.

8.8 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.

8.9 Authority. The persons executing this Agreement on behalf of each of the Contracting Parties hereto represent and warrant that (i) such Contracting Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Contracting Party, (iii) by so executing this Agreement, such Contracting 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 Contracting Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the Contracting Parties.

8.10 Electonic Signatures and Counterparts. This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each Contracting Party of this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act ((“CUETA”) Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this Agreement. The Contracting Parties further agree that the electronic signatures of the Contracting 196 Click Here to Return to Agenda
Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. The CUETA authorizes use of an electronic signature for transactions and contracts among Contracting Parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the Contracting Party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the Contracting Parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the Contracting Parties have executed this Agreement as of the dates stated below.

CITY OF INDIO,
a California municipal corporation
BRYAN MONTGOMERY, City Manager
Dated:

ATTEST:

CYNTHIA HERNANDEZ, CMC, City Clerk
Indio, California
APPROVED AS TO FORM:

Roxanne Diaz, City Attorney
City of Indio, California
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IN WITNESS WHEREOF, the Contracting Parties have executed this Agreement as of the dates stated below.

CITY OF LA QUINTA,
a California municipal corporation
RECOMMENDED FOR APPROVAL:
_____________________ Dated: ________
Jon McMillen, City Manager
ATTEST:
___________________________________
Monika Radeva, City Clerk
City of La Quinta , California
APPROVED AS TO FORM:
___________________________________
William H. Ihrke, City Attorney
City of La Quinta , California
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Exhibit A
Project A Improvement Scope and Exhibit
The Summary of Scope of Services for Avenue 50 from Jefferson Street and Madison Street Project is as follows:

1. Conduct existing utility research for all utilities within the project limits to identify, locate, and layout all above and underground improvements.

2. Prepare required environmental document.

3. Prepare drainage report.

4. Prepare preliminary plans, specifications, and estimate for Avenue 50 between Jefferson Street and Madison Street – Improve this corridor to the modified ultimate condition with two lanes in each direction, bike lanes on each side, sidewalk on north side of Avenue 50, DG trail on southside of Avenue 50, and drainage system. Additional modifications to the the City of La Quinta ultimate condition include 11-foot wide parkway and raised median only where they currently exist and where needed to restrict traffic movements.

Project Area
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Exhibit A
Project B Improvement Scope and Exhibit
The Summary Scope of Services for the Jefferson Street and Highway 111 Intersection Pavement Rehabilitation Project is as follows:

1. Prepare a Geotechnical Report to determine the rehabilitation method for the pavement within the intersection of Jefferson Street and Highway 111.

2. Prepare preliminary plans that adjust the finished surface grades to accommodate proper drainage conveyance throughout the intersection and into existing drainage inlets and that improves driveability.

3. Prepare Drainage Memo for the existing drainage system. 201 Click Here to Return to Agenda
Exhibit A
Project C Improvement Scope and Exhibit
The Summary Scope of Services for the Jefferson Street Crack Fill and REAS Slurry is as follows:

City of La Quinta: Approximately 785,000 square feet
Project Includes:
• REAS slurry
• Crack fill
• Striping
• Small asphalt repairs
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Exhibit B
Anticipated Project A Cost Estimate
Avenue 50 from Jefferson Street and Madison Street Project Note: Actual costs will be determined after Design Firm is awarded work Item
CVAG Share City of
Indio Share
City La
Quinta Share Total
75% 50% 50%
City Project Management $9,750.00 $1,625.00 $1,625.00 $13,000.00 Designer Project Management $6,750.00 $1,125.00 $1,125.00 $9,000.00 Survey $13,500.00 $2,250.00 $2,250.00 $18,000.00
Utility Research $1,500.00 $250.00 $250.00 $2,000.00
Geometric Drawings $12,750.00 $2,125.00 $2,125.00 $17,000.00 Geotechnical Analysis $7,500.00 $1,250.00 $1,250.00 $10,000.00 Hydraulic Analysis $6,000.00 $1,000.00 $1,000.00 $8,000.00 Agency Coordination $1,125.00 $187.50 $187.50 $1,500.00 CEQA Determination $22,500.00 $3,750.00 $3,750.00 $30,000.00 Preliminary Plans and Cost Estimate (30%) $30,375.00 $5,062.50 $5,062.50 $40,500.00 Utility Coordination $2,250.00 $375.00 $375.00 $3,000.00 Obtain Preliminary Title Report & Examination $7,500.00 $1,250.00 $1,250.00 $10,000.00 Utility Coordination $2,250.00 $375.00 $375.00 $3,000.00 Total $123,750.00 $20,625.00 $20,625.00 $165,000.00
203 Click Here to Return to Agenda
Exhibit B
Project B Cost Estimate
Jefferson Street and Highway 111 Intersection Pavement Rehabilitation Project Item City of Indio Share
50%
City La Quinta Share
50% Total
City Project Management $ 5,000.00 $ 5,000.00 $ 10,000
Field Survey $ 3,972.00 $ 3,972.00 $ 7,944
Geotechnical Investigation & Pavement Rehabilitation
Recommendations $ 5,935.00 $ 5,935.00 $ 11,870
Preliminary Drainage Investigation $ 2,821.00 $ 2,821.00 $ 5,642 Preliminary Design $ 9,357.00 $ 9,357.00 $ 18,714
Preliminary Cost Estimate $ 775.00 $ 775.00 $ 1,550
Total $ 27,860.00 $ 27,860.00 $ 55,720
204 Click Here to Return to Agenda
Exhibit B
Project C Cost Estimate
Jefferson Street Crack Fill and REAS Slurry
Construction cost estimate for La Quinta’s portion on Jefferson: $540,000 • Approx. 785,000 Sq. ft.

Includes:
• REAS slurry
• Crack fill
• Striping
• Small asphalt repairs
205 Click Here to Return to Agenda
206
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City of La Quinta
CITY COUNCIL MEETING: May 3, 2022

STAFF REPORT
AGENDA TITLE: DISCUSS SHORT-TERM VACATION RENTAL PROGRAM 2021 AND FIRST QUARTER 2022 CHARACTERISTICS, COMPLIANCE AND ENFORCEMENT

OVERVIEW

RECOMMENDATION
Discuss the Short-Term Vacation Rental program 2021 and first quarter 2022 characteristics, compliance, and enforcement overview.

EXECUTIVE SUMMARY
 On May 20, 2021, Section 3.25.055 of the La Quinta Municipal Code (LQMC) established a permanent ban on the issuance of new short-term vacation rental (STVR) permits in residential areas (Permit Ban), unless the property is located within an “exempt” area depicted on the map in Attachment 1.  New permits have not been issued outside of exempt areas since August 4, 2020; existing permit-holders in Permit Ban areas may renew permits, but permits cannot be transferred.
 From January 2021 through March 2022, the number of permits and STVR density in Permit Ban areas declined by 21.60% due to the Permit Ban combined with attrition related to home sales and non-renewals.

FISCAL IMPACT – None

BACKGROUND/ANALYSIS
The City imposed a moratorium on the issuance of new STVR permits on August 4, 2020 via Executive Order No. 10, and extended it in succeeding amendments.

Section 3.25.055 of the LQMC established a permanent Permit Ban on the issuance of new STVR permits in residential areas (Permit Ban areas) effective May 20, 2021. Permit-holders may renew existing permits, but permits cannot be transferred.

The issuance of new STVR permits is banned in Permit Ban areas, and no new permits have been issued since August 4, 2020. New permits continue to be issued in a few select “Exempt Areas” zoned for tourist commercial, village commercial, STUDY SESSION ITEM NO. 1
207 Click Here to Return to Agenda
and communities expressly developed to allow STVRs, as depicted on the map in Attachment 1.

In 2021, the City began reporting enhanced analytics related to the STVR program.

A summary report of the STVR program calendar year 2021 characteristics, STVR permits and density decline, and increased compliance was presented to Council on March 1, 2022.

STVR Program Characteristics – 1st Quarter 2022 (Jan – Mar) The City’s STVR program consisted of 1,161 active permits as of March 2022.

Figure 1
Figure 2
21 57
1,083
0 200
400
600
800
1,000
1,200
Homeshares Primary Residence General Permits
March 2022 STVR Permits by Type
Total = 1,161
1,320
1,283
1,257
1,238 1,235
1,216
1,185 1,185 1,181
1,186 1,184 1,165 1,171 1,166 1,161
1,050
1,100
1,150
1,200
1,250
1,300
1,350
JAN‐21 FEB‐21 MAR‐21 APR‐21 MAY‐21 JUN‐21 JUL‐21 AUG‐21 SEP‐21 OCT‐21 NOV‐21 DEC‐21 JAN‐22 FEB‐22 MAR‐22 2021-22 STVR Permits Citywide
208 Click Here to Return to Agenda
Table 1 below lists the number of STVR permits for each area along with the total number of approved parcels for calendar year 2021 and first quarter of 2022. The City’s total STVR permits have gradually declined each month due to the Permit Ban combined with attrition related to home sales and non-renewals.

Table 1
Within the residential Permit Ban areas, as of March 2022, active STVR permits have collectively declined 21.60% (from 1,037 to 813) since January 2021:

Permit Ban Area Permits Density % Change since Jan ‘21
North La Quinta 110 4.3% -19.71%
Mid La Quinta 109 10.7% -22.14%
The Cove 246 5.2% -15.75%
South La Quinta (PGA West) 348 11.4% -25.64%
Totals 813 7.2% -21.60%
Figure 3 below depicts the number of STVR permits within each area for 2021.

Figure 3
137 130 124 118 118 115 114 112 112 112 112 112 112 112 110 140 135 132 132 130 127 122 122 121 122 122 118 118 111 109 292 282 276 270 268 263 261 259 258 258 256 252 252 252 246 468 453 438 428 420 407 382 379 375 372 370 354 351 350 348 1,037 1,000 970 948 936 912 879 872 866 864 860 836 833 825 813 0 200
400
600
800
1,000
1,200
JAN‐21 FEB‐21 MAR‐21 APR‐21 MAY‐21 JUN‐21 JUL‐21 AUG‐21 SEP‐21 OCT‐21 NOV‐21 DEC‐21 JAN‐22 FEB‐22 MAR‐22 STVR Permits in Banned Areas

21.60% Decline since Jan. 2021
North La Quinta Mid La Quinta The Cove South La Quinta
(PGA West)
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STVR density is calculated as a percentage by dividing the number of STVR permits by the number of developed parcels within each area, as listed in Table 1 above.

Figure 4 below shows that density in residential Permit Ban areas collectively decreased from 9.14% to 7.2% between January 2021 and March 2022:

Figure 4
Figure 5 further depicts the gradual density changes for each residential Permit Ban area from January 2021 through March 2022:

Figure 5

9.14% 8.81% 8.55% 8.36% 8.25% 8.04% 7.75% 7.69% 7.63% 7.62% 7.58% 7.4% 7.3% 7.3% 7.2% JAN‐21 FEB‐21 MAR‐21 APRI‐21 MAY‐21 JUN‐21 JUL‐21 AUG‐21 SEP‐21 OCT‐21 NOV‐21 DEC‐21 JAN‐22 FEB‐22 MAR‐22 Density in STVR Banned Areas
Jan. 2021 - Mar. 2022
STVR Permit Ban Areas

5.3% 5.1% 4.8% 4.6% 4.6% 4.5% 4.4% 4.4% 4.4% 4.4% 4.4% 4.4% 4.4% 4.4% 4.3%

13.7%

13.2% 12.9% 12.9% 12.7% 12.4%

11.9% 11.9% 11.8% 11.9% 11.9% 11.5% 11.5%

10.9% 10.7%

6.2% 6.0% 5.9% 5.7% 5.7% 5.6% 5.5% 5.5% 5.5% 5.5% 5.4% 5.3% 5.3% 5.3% 5.2%

15.4%

14.9%

14.4% 14.1% 13.8% 13.4%

12.6% 12.5% 12.3% 12.2% 12.2%

11.6% 11.5% 11.5% 11.4%

0.0%

2.0%

4.0%

6.0%

8.0%

10.0%

12.0%

14.0%

16.0%
JAN‐21 FEB‐21 MAR‐21 APRI‐21 MAY‐21 JUN‐21 JUL‐21 AUG‐21 SEP‐21 OCT‐21 NOV‐21 DEC‐21 JAN‐22 FEB‐22 MAR‐22 Density in STVR Banned Areas
North La Quinta Mid La Quinta The Cove South La Quinta (PGA West) 210 Click Here to Return to Agenda
STVR Program Compliance Overview
The City’s STVR program consists of several interdependent activities such as permitting, licensing, tax collection, and compliance. This section focuses on specific compliance functions, which include managing complaints, conducting investigations, and enforcement (violations, citations, and suspensions).

Figures 6 and 7 below, depict citywide STVR complaints from January 2021 through March 2022. Of note:
 Complaints peaked at 348 in Q-2 (April-June) of 2021 and steadily declined by 79.59% to a total of 71 complaints in Q-1 of 2022 (January – March).

Figure 6
 Citywide complaints declined significantly in the 2nd half of 2021:
o Between Q-2 and Q-3 of 2021, excluding one-time submission of 145 vendor generated complaints in July, the remaining 149 community/City-generated complaints reflect a 57% decrease in complaints between Q-2 and Q-3. o Using the same assumption (excluding the one-time July submission), complaints decreased an additional 42.9% between Q-3 and Q-4 of 2021. o There was a 16% decrease in complaints from Q-4 of 2021 to Q-1 of 2022. 324 348
294
85 71
+7%
‐16%
‐71% ‐16%
Q1‐2021 Q2‐2021 Q3‐2021 Q4‐2021 Q1‐2022
Quarterly STVR Complaints Citywide
211 Click Here to Return to Agenda
Figure 7 categorizes complaints by permitted and unpermitted STVR properties:

Figure 7
 Unpermitted complaints have been the relative majority of complaints for the 2nd half of 2021 and Q-1 of 2022:
o Throughout Q-1 and Q-2 of 2021 – 41% of complaints were for unpermitted properties.
o Throughout Q-3 and Q-4 of 2021 – 60% of complaints were for unpermitted properties.
o In Q-1 of 2022 – 60% of complaints were for unpermitted properties. 192 186
118 38 29
132 162 176
47 42
324 348
294
85 71
Q-1
2021
Q-2
2021
Q-3
2021
Q-4
2021
Q-1
2022
2021-22 STVR Complaints Citywide
Permitted STVRs Unpermitted STVRs
212
Figure 8 depicts citywide complaints for each area:

Figure 8
7 13 21
5 7
9 9
26 8 1
92 107 69
13 9
120 81
68 19 30
19 23
29 9 3
77 115
81 31
21 324
348
294
85 71
0 50
100
150
200
250
300
350
400
2021 Q-1 Q-2 Q-3 Q-4 2022 Q-1
2021 STVR Complaints Citywide by
Area
North La Quinta
Mid La Quinta
The Cove
South La Quinta (PGA West)
STVR Exempt Areas
HOA Legacy
213 Click Here to Return to Agenda
Enforcement
On January 15, 2021, the City implemented several code changes to enhance the STVR program’s compliance tools and increase fines. Subsequently, overall compliance has increased while disturbance complaints have decreased.

Figures 9 and 10 below depict quarterly STVR-related citations for 2021 and 2022.

Of note:
 Similar to the complaints trendline, citations peaked at 86 in Q-2 of 2021 (April-June) and steadily declined 79.1% to a total of 18 citations by Q-1 of 2022 (January-March).
 Similar to the complaints trendline, the relative majority of citations were issued to unpermitted properties at an average of 64.4% for 2021 and 2022.

Figure 9
30 29
20 3 9
47 57
40 12 9
77 86
60 15 18
2021 Q-1 Q-2 Q-3 Q-4 2022 Q-1
2021 & 2022 Quarterly STVR Citations
Permitted & Unpermitted
Permitted Citations Unpermitted Citations
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STVR compliance activities are separated into one of two categories:

Disturbance – the majority of disturbance compliance activities are due to noise, generally caused by large events or gatherings, children running/screaming/laughing, popping balloons, construction, slamming doors, etc.

Other complaints include excessive parking, bright lights, trash, unsecured pool access, unmaintained yard, etc.

Administrative – the overwhelming majority of administrative compliance matters are related to operating/advertising without a STVR permit or business license, or failure to display STVR permit on listings. Others include incorrect or missing occupancy limit advertised on listings; failure to report/remit transient occupancy tax, etc.
 67.5% of all 2021 and 2022 citations were issued for administrative matters, as depicted in Figure 10 below (primarily for operating/advertising without a STVR permit or business license, or failure to display STVR permit on listings).

Figure 10
52 56
45 13 10
25 30
15 28
77 86
60 15 18
2021 Q-1 Q-2 Q-3 Q-4 2022 Q-1
2021 & 2022 Quarterly STVR Citations
Administrative Vs. Disturbance
Administrative Disturbance
215 Click Here to Return to Agenda
Taxes, Fees, and STVR Program Costs
Table 2 provides an overview of annual STVR program revenues between 2019- 2021. Of note:
 Despite declining STVR permits, TOT revenues continued to increase in 2021.  Citation Fine collections spiked 2020-21 in correlation with enhanced enforcement tools but are expected to decrease in 2022 as overall compliance increases.
 Permit/licensing fees and fine collections were sufficient to cover STVR program operational costs in 2021 and are projected to be sufficient for 2022.

Table 2 – * Citation Fine Collections revenue list collections current as of January 25, /2022 Table 3 depicts TOT revenues for each area for the last nine months:
 Permit Ban areas generated 79% of STVR TOT revenues ($3,537,800.30).

 Exempt areas generated 21% of STVR TOT revenues ($954,393.21).  Year-to-date 2022, STVR TOT revenues are at $2.3 million Table 3 – *TOT revenue list collections current as of April 26, 2022 Prepared by: Monika Radeva, City Clerk
Approved by: Jon McMillen, City Manager
Attachment: 1. STVR Banned and Exempt Areas Map
216 Click Here to Return to Agenda
(6
(5
(3
(2
(8
(4
(10
(9
(12
(1
(7
(11
SH-111

MADISON ST
54TH AVE

WASHINGTON ST
48TH AVE

EISENHOWER DR
52ND AVE

JEFFERSON ST

MILES AVE

AIRPORT BLV

AVENIDA CARRANZA
58TH AVE

FRED WARING DR
50TH AVE

AVENIDA BERMUDAS

MONROE ST

FRED WARING DR
50TH AVE

JEFFERSON ST JEFFERSON ST
58TH AVE

EISENHOWER DR
58TH AVE
¯
0 0.225 0.45 0.9 1.35 1.8Miles
STVR Exempt
STVR_exempt_zone
North La Quinta
Cove
Mid La Quinta
South La Quinta
City Boundary
Id name zoning
1 Homewood Suites (La Quinta Desert Villas - Center Pointe) Tourist Commercial (TC) District 2 Legacy Villas Tourist Commercial (TC) District & Development Agreement 3 La Quinta Resort including Spa & Tennis Villas Tourist Commercial (TC) District & Adjacent to TC District 4 Embassy Suites (Casitas Las Rosas) Village Commercial District 5 Village Commercial Village Commercial District
6 SilverRock Specific Plan Tourist Commercial (TC) District - Undeveloped 7 Codorniz Entitlement Approval
8 Signature at PGA West (Haciendas & Jewel) Tourist Commercial (TC) District 9 Puerta Azul Entitlement Approval
10 SW corner Ave 64 & Madison St Tourist Commercial (TC) District - Undeveloped 11 NW corner Ave 64 & Madison St Tourist Commercial (TC) District - Undeveloped 12 Polo Villas Residences Development Agreement
ATTACHMENT 1 217 Click Here to Return to Agenda
218 Click Here to Return to Agenda
City of La Quinta
CITY COUNCIL MEETING: May 3, 2022

STAFF REPORT
AGENDA TITLE: DISCUSS CITYWIDE PUBLIC SAFETY CAMERA SYSTEM PHASE 1 RECAP AND PHASE 2 PROPOSED IMPROVEMENTS

RECOMMENDATION
Discuss the citywide Public Safety Camera System Phase 1 recap and Phase 2 proposed improvements.

EXECUTIVE SUMMARY
• In March 2021, Council passed city Ordinance 589 establishing policies and procedures for the Public Safety Camera System (PSCS). • Phase 1 of the citywide PSCS project was completed in August 2021 and the system went live on September 20, 2021.
• At the March 12, 2022 Community Workshop, participants identified Phase 2 of the PSCS as a City priority.
• Phase 2 PSCS is proposed to be included in the FY 2022/23 Capital Improvement Plan (CIP).

FISCAL IMPACT
Funding for Phase 2 PSCS is proposed in the FY 2022/23 CIP currently under development as Project No. 2022-12. The estimated project cost is $1,797,000 (Attachment 1)

BACKGROUND/ANALYSIS
In October 2016, the PSCS Ad-Hoc was formed to explore if implementing public safety cameras would increase law enforcement and fire efficiency, reduce criminal activity, and improve emergency response. Public safety is a priority for residents, Council and staff and a PSCS could be a force multiplier.

Further, with ever increasing law enforcement costs, the City is seeking ways to improve police services by incorporating technology-driven service enhancements to supplement Sheriff Department personnel.

STUDY SESSION ITEM NO. 2
219 Click Here to Return to Agenda
On August 3, 2021, Phase 1 of the PSCS was completed and the system went live on September 20, 2021. Over the past seven months, the La Quinta Police Department (LQPD) and city staff have been using the system to effectively monitor city property, traffic incidents and traffic flow, managing special events, and two major wind events.

Phase 1 Observations
• The camera system combined with the traffic system is very effective for city staff and LQPD to manage special events.
• Radio connection to cameras not connected by fiber are not as reliable as initially anticipated. Connecting existing cameras and additional cameras with fiber optic communications would be optimal and more secure.
• Automatic License Plate Reading (ALPR) cameras were not initially requested in Phase 1. As the system has been used for several vital police investigations, reading license plates is only available during optimal lighting during the daytime. Time of high reflection and nighttime do not allow for the recovery of plate numbers thus restricting the effectiveness of the investigation.
• City properties not covered by the PSCS are Adams Park, Velasco Park and Colima Park.
• La Quinta Park has facilities that require additional cameras in more strategic locations, i.e. the skate park and snack bar locations. • The new La Quinta X-Park is now open and requires a system to reduce liability and protect from trespass and vandalism.

Phase 1 System Results
• Received 27 citizen public records requests.
• No businesses have opted out of the PSCS.
• Currently the City of Indian Wells is only city that has opted into the camera system.
• LQPD Uses:
o Traffic Collision Investigations
o Investigative Leads
o Department-wide training in progress
• Special events managed:
o 2 Tennis Tournaments
o Ironman 2021
o Coachella Fest & Stagecoach Festivals
220 Click Here to Return to Agenda
Next Steps for Phase 2 PSCS:
• Phase 2 PSCS Project proposed in FY 2022/23 CIP funding – June 21, 2022
• Obtain PCSC integrator contract - Fall 2022
• Obtain bids for Phase 2 PCSC system
• Install Phase 2 PCSC system
• If Council approves ALPR cameras, PSCS policies and procedures would be modified to be compliant with SB34 which establishes regulations for agencies using license plate reader technology.
• Continue community outreach and provide public access opportunities Prepared by: Kristopher Gunterson, Traffic Analyst
Approved by: Bryan McKinney, Public Works Director/City Engineer Attachment: 1. Phase 2 Public Safety Camera System Project Cost Estimate 221 Click Here to Return to Agenda
222 Click Here to Return to Agenda
Citywide Public Safety Camera System Phase 2
Preliminary Engineer's Estimate
4/27/2022
ITEM
NO.

DESCRIPTION UNIT QTY. UNIT PRICE EXTENDED
PRICE
1 Mobilization LS 1 $106,000 $106,000
2 Option #2 Cove LS 1 $905,000 $905,000
3 Option #3 Corporate Yard LS 1 $7,500 $7,500
4 Option #4 La Quinta and Adams Park LS 1 $20,000 $20,000 5 Option #5 X-Park LS 1 $25,000 $25,000
6 Option #6 License Plate Reader LS 1 $100,000 $100,000 $1,163,500
$116,350
1 Construction: $1,280,000
Design: $128,000
Professional: $100,000
Insp/Test/Survey: $125,000
Contingency: $164,000
Total Preliminary Estimate: $1,797,000
2 Option #3: Add 3 cameras at the Corporate Yard.  Visitor Parking lot, front, and back gates.
3 Option #4: Add 3 cameras at the La Quinta Park.  Old
Skate Park, Water Play Area, Fitness Park
Add 2 cameras at Adams Park.  Playground and Volleyball Court.
4 Option #5: La Quinta X‐Park 5 Camera Network
5 Option #6: License plate reading cameras at 22 locations.

Access and exit point of the city as well at the
cove communities.  Cameras only, does not
include access to ALPR database.

Sub Total Construction:

Comments/Assumptions: Design Contingency 10%:

Option #2: Install fiber from Eisenhower & Calle Tampico up Eisenhower to Bermudas and up to Tecate.

Install fiber from Eisenhower & Montezuma to the
museum and Lumber Yard.

Install fiber and camera to Velasco Park
Install camera at Colima Park
Install Cameras at the Cove Oasis Trail Head Parking Lot, Bear Creek Trail Head Parking Lot, and the Cove Oasis.

Connect all cameras using radios.

ATTACHMENT 1
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224 Click Here to Return to Agenda

COMMUNITY RESOURCES

PERIODIC REPORT
In response to local declaration and other State and County orders, the department shifted roles to provide COVID-19 related Public Safety and Social Service needs.

Code Compliance / Animal Control
January 1 – March 31, 2022
DEPARTMENTAL REPORT ITEM NO. 4
175
1319
324
159
654
348
160
410
294
63 161 59 85
210
72 STVR Cases STVR Inspections STVR Complaints
1st Qtr 2021 2nd Qtr 2021 3rd Qtr 2021 4th Qtr 2021 1st Qtr 2022 As shown in the bar graph below, Code has observed a more normalized rate of STVR activity. In the month of February, Code received just 15 complaints regarding STVRs: 10 were for noise, of those, 5 were at just two properties and resulted in citations and suspensions for both. Three other complaints were for operating a STVR without a permit, all three checked out okay at the time but are being monitored over the festival weekends. One additional was for the STVR permit number in the wrong location on the advertisement and another one was for the dog of a long-term guest going on the neighbor’s property without permission. Code has scheduled additional staff and is covering 7 days a week for all three festival weekends.

Short Term Vacation Rentals (STVR)
New STVR cases:
• this quarter - 59
• last quarter - 63
STVR Citations:
• this quarter - 18
• last quarter - 15
STVR Suspensions
• this quarter - 2
• last quarter - 1
The STVR Hotline continues to be managed by Code staff Monday through Saturday from 8am to 5pm. The contract security company has expanded their patrols to include City parks and X-Park as part of their weekend coverage. STVR complaints and known areas of concern continue to be handled as a priority.
22 65
100
160
134 144
27 23 27
January February March
Hotline Calls
2020 2021 2022
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722
635
743
542
609
790
Jan Feb Mar
Site Inspections*
2021 2022
Code Compliance
Top Code Violations:
• Vehicles/Parking: 158
• Trash Cans/Junk: 152
• Landscaping: 95
False Alarms
• $104,677 collected in total
since the inception of the
program
• City Staff outreach to
businesses with multiple
false alarms.
• Businesses with excessive
false alarms this quarter: 7
Prior quarter: 8
*Site inspections are required to confirm violations and include STVR inspections and regular code complaints (e.g., trash containers, landscaping, property maintenance issues, etc.).

Throughout the pandemic residents and businesses continued to receive notification of false alarms. However, false alarm fees were paused to lessen some of the economic hardships brought by the pandemic. In June 2021, the City started sending invoices to anyone with 3 or more false alarms. During this quarter there was a slight increase in the number of false alarms compared to the same quarter last year, this might be due to reopening as COVID subsides. Staff continues to educate the public on the waste of resources brought on by false alarms through notices, direct mail, social media posts, and phone calls. 123
150 155
90 98
135
101 103
137
Jan Feb Mar
False Alarms
2020 2021 2022
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Animal Control Update
Riverside County Animal Services
Department of Animal Services continues to operate on appointment-only system. In the event of a pet emergency, animal control question, or if you are interested in adopting, fostering or rescuing, please call 951-358-7387. Potential adopters, fosters, or rescues can also send an email to [email protected] or visit their website at:
https://www.rcdas.org/.
67 149
154
276
Licensing Statistics
Closed New
Not Renewed Renewed
1 2
2 3
3 6
15 37
Impounds
Foster Return Adoption Return Owner Surrendered
Dispo Requested Confiscated Stray-Known Wait
Stray-Dead Stray
1 5
5 10
13 Outcomes
In Foster Home
RCDAS Community Cat Program
Transfer Adoption Partner
Adoption
Return to Owner
227 Click Here to Return to Agenda
Social Services & Community Programs
January 1 – March 31, 2022
FIND Food Distribution & Wellness Center
• Staff have distributed 29,256 pounds of food (food packages/boxes of dry goods and produce) to 1,164 persons at Coral Mountain, Hadley Villas, Vista Dunes, Washington Street Apartments, and Wolff Waters; FIND provided mobile pantries for food distribution five times per month at La Quinta High School and La Quinta Community Fitness Center & Park.
• Desert Recreation District (DRD) served 987 participants (800 for open swim; 187 classes) at Fritz Burns Pool programs including Open Swim, Aqua Fit, Water Aerobics, and Senior Splash.
• Provided fitness & recreation programs online and in-person to 5,025 participants/fitness members (4,698 fitness gym participants; 327 program participants). Social service programs were active during this quarter with Riverside County Cool Center and Curative COVID-19 testing open to the public.
• Youth sports programs had 82,000 total participants (players, spectators, coaches) for AYSO (soccer), Friday Night Lights (flag football), and La Quinta Youth Sports Association (baseball).

Library/Museum/Creation Station Makerspace
• Over 33,000+ items were circulated through Library express/curbside services and selfcheck out. Over 2,000+ people participated in the virtual/recorded program offerings, computer sessions, and library staff assisted with 2,653 reference questions. Library highlights included: Raising a Reader Literacy Program, Financial Literacy, 3rd Annual BookFest, My Blood Valentine Teen Mystery Party, Should I know that?: Savings Account Event, In-n-Out Cover to Cover Program, Read Across America Virtual Story Time, Library Outreach at DSUSD Spring Fling, and Plant Swap with Master Gardeners. • Museum provided Creative Space; The Ranges Between; and Local History: Story of La Quinta exhibits that were viewed by 1,600+ visitors. Held opening artist reception for The Ranges Between, Lecture: Kay Wolff, Music at the Museum and Cultural Education Groups for 235 participants. Good Reads Book Club, STITCH Fiber Arts Club, Brown Bag TED Talks, Take a Break with Huell, and Sketchbook Journaling had a total of 175 participants. • Creation Station Makerspace served 980+ participants with memberships, classes, express services, walk-in service, Makerspace Camps & Crafts, and virtual programming views on Facebook, Instagram, & YouTube. There were 11 new memberships sold this quarter; total of 40 active memberships this fiscal year. Highlights for this quarter include monthly MakerCraft, Friction Kitchen, Paint with Michele, MakerSpace Camp, and Black History Month: Focus on African-American creators.
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Mission LQ: Rocket Launch
• Held the 3rd annual Mission LQ: Rocket Launch event at Monticello Park. • Approximately 50 people were in attendance.
• Kristen Harper, teacher from Truman Elementary, assisted with assembling the rockets. She also explained to the children how the battery-operated engines worked to help launch the rockets in the sky.

Community Events
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LA QUINTA SHERIFF’S STATION

QUARTERLY REPORT
January 1, 2022 – March 31, 2022
Statistics
Priority 1 – Involve circumstances that pose a clearly defined threat to human life or property;
Priority 2 – Involve circumstances of an urgent but not life threatening nature (e.g. minor assaults and batteries);
Priority 3 – Involve circumstances which are neither urgent nor life threatening (e.g. disturbances of the peace);
Priority 4 – Incidents occurring in the past or “cold” calls.

5.27 15.76

27.13 29

5.3 15.14

24.54 30.2

6.9 12.57

20.8 29.42
Priority 1: Average
Response
Priority 2: Average
Response
Priority 3: Average
Response
Priority 4: Average
Response
Average Response Time
January February March
25 428 456
260
15 409 428
223
10 434 467
241
Priority 1: Calls for
Service
Priority 2: Calls for
Service
Priority 3: Calls for
Service
Priority 4: Calls for
Service
Number of Calls for Service
January February March
DEPARTMENTAL REPORT ITEM NO. 8
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1 0 2
43 1
6 4
20 0 0
3 70
2 6
11 9
0 1
5 73
1 15
8 8
Rape Homicide Aggravated
Assault
Larceny Robbery Burglary Vehicle
Theft
Simple
Assault
Crime Statistics
December January February
Special Enforcement Team &
Business District
• Actions: 380
• Property Recovered: $15,000
• Narcotics Seized: Heroin 10.6g/
Meth 5,020.5g / Other drugs 6.4g
• Fentanyl Pills: 83
• Xanax Pills: 1
Traffic Team
• Actions: 566
Community Service Officers &
Crime Prevention Specialists
• Actions: 887
• Community Meetings: 1
4 29
194
199
Citations
Seat Belt Citations
Other Hazard Citations
Other Non-Hazard Citations
Excessive Speed Citations
6 20
34 86
Collisions
DUI Collisions
DUI Arrests
Traffic Injury Collision
Non Injury and Private Property Collision
School Resource Officers
• Actions: 91
Narcotics Task Force
• Actions in La Quinta: 16
• Narcotics Seized: Meth 11.2g / Marijuana
15 lbs / Marijuana Plants 194 / Fentanyl
Powder 177.8g / Fentanyl Pills 9,000
• Money seized: $22,600
• Recovered Firearms: 2
Gang Task Force
• Actions in La Quinta: 20
• Recovered Firearms: 2
Citizens on Patrol
• Actions: 7
• Hours Donated: 860.84 hours
Actions by Teams:
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FIRE DEPARTMENT

QUARTERLY REPORT
January 1, 2022– March 31, 2022
Incident Response Activity
Incident Type #
Medical 1054
False Alarm 107
Public Service Assistance 73
Traffic Collision 72
Standby 19
Other Fire 4
Residential Fire 6
Vehicle Fire 1
Rescue 1
Ringing Alarm 4
Other Miscellaneous 20
Hazardous Materials 2
Commercial Fire 1
Multi-Family Dwelling Fire 0
Wildland Fire 1
Incident Total In La Quinta 1,365
Average Enroute to
On-Scene Time
Enroute Time: When a unit has been
acknowledged as responding.

On-scene Time: When a unit has been
acknowledged as being on-scene.
<5 Minutes +5 Minutes +10 Minutes
+20 Minutes Average Min. % 0 to 5 Min.
778 555 60
5 5.1 57.0
DEPARTMENTAL REPORT ITEM NO. 9
Automatic Aid
LQ Resources Responding in LQ 1277
LQ Resources Aiding Other
Jurisdictions
484
Resources Aiding LQ 247
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Truck Report
For this quarter, Truck 86 recorded 25 responses and Truck 33 had 4 responses in the City of La Quinta.

Fire Inspection Report
1st Quarter Statistics – Office of the Fire Marshal (OFM):
 Development Plan Reviews – 143 (15% increase from Q1 2021)  Planning Case Reviews – 16
 Construction Inspections – 419 (94% increase from Q1 2021)  Facility Inspections – 53
 Review and Inspection Service Goals – *Due to increased workloads and demands as affected by currently trained staffing, the following is noted:
 OFM ran 1-1.5 weeks behind on plan review goals for Q1.  OFM ran 2-3 business days behind on construction inspection requests goals for Q1.

Plan Reviews:
 Montage Hotel & Shared Services – Master Fire Alarm, Private Fire Main, Fire Sprinkler System  Extra Space Storage – Fire Sprinkler, Private Fire Main, Sprinkler Monitoring  Embassy Suites – Complete Fire Alarm Change to EVAC system  Panera – New Building
 Tenant Improvement Plans – Target, Lowes, Kohl’s, Jamba Juice, Costco Deli, Maru  Master Home Fire Sprinkler Plans – Capistrano, Canterra, Stone Creek  Special Events – AMEX, Revolve, Conferences and Events at La Quinta Resort, Madison Club (Tents), LQ Car Show, La Quinta Art Celebration
 Public Fireworks – Wedding at Merv Griffin Estate
Construction Inspections:
 Tenant Improvements - Be So Coffee, La Quinta Country Club - Clubhouse, Extra Space Storage  Montage Conference Center – Private Fire Main
 Tract Home Development Inspections – Andalusia, Griffin Ranch, Floresta, Carmela, Signature, Residence Club, Coral Mountain @ PGA, Stone Creek Ranch, Jewel @ PGA, Capistrano, Canterra, Stone Creek Ranch & Rancho Santana.
 Custom Home Development Inspections – Madison Club, Hideaway, Traditions, Cove Community.

Facility Inspections:
 State Fire Marshal Mandated Annual Inspections were conducted on the following facilities: LQ Christian Fellowship School, The Palms – Assisted Living, Silverhawk Apartments, Aventine Apartments, Wolff Waters Place Apartments, Villagio Apartments, Coral Mountain Apartments, The Chateau @ Lake La Quinta.
 Fire Code Complaint Inspections were conducted on the following facilities: Wolff Waters Place Apartments, La Quinta Country Club, Pete Dye Clubhouse, Grocery Outlet, La Quinta Polo Estates, El Pollo Loco, Peninsula Park HOA,
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Significant Incidents
• On January 5, 2022 at 7:52am, units from CAL FIRE/Riverside County Fire Department responded to the El Pollo Loco Restaurant to find a working fire in the deep fryer unit with substantial smoke production throughout the interior of the building. The fire was immediately contained . No injuries were reported.
• On January 8, 2022 at 11:46pm, units from CAL FIRE/Riverside County Fire Department arrived at PGA West to find light smoke coming from a rear patio roof line of a home.

Firefighters were able to locate and extinguish a fire involving a section of wooden trim that was exposed to heating lamps. No exposure to other structural areas was found and all occupants of the residence were accounted for. No injuries were reported. • On January 16, 2022 at 3:21am, CAL FIRE / Riverside County Fire Department responded to a residential structure fire in the 44000 block of Via Catalina in the city of La Quinta. The first arriving engine reported an exterior fire with extension into the attic space above the garage. Fire crews extinguished the exterior fire and ensured the fire was completely out within the attic space of the residence. There were no displacements and no injuries reported.
• On January 29, 2022 at 6:55pm, units from CAL FIRE/Riverside County Fire Department responded to a reported golf cart rollover inside the gated community of Puerta Azul in La Quinta, CA. There were a total of five people ejected with varying injuries. A 5-year old child was treated for moderate injuries and due to the type of injury a medical helicopter was summoned. The others sustained minor injuries and elected to be transported privately to a local hospital. Meanwhile, the 5-year old child and father were airlifted to Loma Linda University Medical Center. No other injuries were reported and the incident is being investigated by local law enforcement.
• On February 6, 2022 at 12:11am, CAL FIRE / Riverside County Fire Department responded to a reported residential structure fire in the 49000 block of Via Firenze in the City of La Quinta. First arriving units observed heavy smoke and fire conditions from the rear of the structure. An aggressive interior attack was initiated and the fire was quickly brought under control. The residence was not occupied at the time of the fire. There were no reported injuries.
• On February 7, 2022, CAL FIRE / Riverside County Fire Department responded to a residential structure fire in the 79500 Block of Dandelion Drive in the City of La Quinta. The first arriving engine reported moderate smoke coming from the garage of a single story, single family residence. Fire crews found the source of the fire and the fire was extinguished quickly with no extension into the living quarters of the residence.

Additionally, there were no civilian or firefighter injuries on this fire. • On March 1, 2022, CAL FIRE/Riverside County Fire Department units responded to a medical emergency at the 49500 block of Rancho San Francisquito. First arriving unit found a minor with injuries to his hand sustained from electrical burns. The patient was transported to Jacqueline Cochran Regional Airport by ground ambulance to be transported by Mercy Air to Arrowhead Regional Medical Centers burn unit for evaluation and treatment.
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HOUSING COMMISSION MINUTES Page 1 of 4 MARCH 9, 2022

HOUSING COMMISSION

MINUTES
WEDNESDAY, MARCH 9, 2022

CALL TO ORDER
A regular quarterly meeting of the La Quinta Housing Commission (Commission) was called to order at 4:06 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 Casto, Schuknecht
STAFF PRESENT: Management Analyst Kinley, Finance Director Martinez, Management Specialist Griffin, 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 4:07 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. 30
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HOUSING COMMISSION MINUTES Page 2 of 4 MARCH 9, 2022

CONSENT CALENDAR

1. APPROVE SPECIAL MEETING MINUTES OF JANUARY 26, 2022
MOTION – A motion was made and seconded by Commissioners Davidson/Pacheco to approve the Consent Calendar as recommended. Motion passed: ayes (3), noes (0), abstain (0), absent 2 (Casto/Schuknecht).

BUSINESS SESSION

1. RECEIVE AND FILE FISCAL YEAR 2020/21 HOUSING AUTHORITY

YEAR-END BUDGET REPORT
Finance Director Martinez presented the staff report which is on file in the City Manager’s Office.

Staff provided information for the Housing Authority fund, budget increase; two non-cash adjustments; former La Quinta Redevelopment Agency loan interest earnings; bond fund revenue; Housing Authority budget expenses; and an update for Dune Palms Mobile Home Park.

MOTION – A motion was made and seconded by Commissioners Davidson /Pacheco to recommend that the Housing Authority receive and file fiscal year 2020-21 housing authority year-end budget report as recommended. Motion passed: ayes (3), noes (0), abstain (0), absent 2 (Casto/Schuknecht).

2. RECEIVE AND FILE FISCAL YEAR 2021/22 MID-YEAR HOUSING

AUTHORITY BUDGET REPORT
Finance Director Martinez presented the staff report which is on file at the City Manager’s Office.

Staff provided an overview of the mid-year adjustments made between July and December 2021.

MOTION – A motion was made and seconded by Commissioners Davidson /Pacheco to recommend that the Housing Authority receive and file fiscal year 2021/22 mid-year housing authority budget report as recommended. Motion passed: ayes (3), noes (0), abstain (0), absent 2 (Casto/Schuknecht).

3. RECOMMEND APPROVAL TO THE HOUSING AUTHORITY TO

ADOPT A RESOLUTION AUTHORIZING THE APPLICATION TO,
AND PARTICIPATION IN, THE STATE OF CALIFORNIA’S

PROHOUSING DESIGNATION PROGRAM
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HOUSING COMMISSION MINUTES Page 3 of 4 MARCH 9, 2022
Management Analyst Kinley presented the staff report which is on file at the City Manager’s Office.

Staff provided a brief overview of the Prohousing Designation Program and the application process.

MOTION – A motion was made and seconded by Commissioners Pacheco /Davidson to recommend that the Housing Authority adopt a resolution authorizing the application to, and participation in, the state of California’s Prohousing Designation Program. Motion passed: ayes (3), noes (0), abstain (0), absent 2 (Casto/Schuknecht).

4. RECOMMEND FUNDING OPTION FOR AREA HOMELESS
PREVENTION PROGRAMS FOR FISCAL YEAR 2022/23
Management Analyst Kinley presented the staff report which is on file at the City Manager’s Office.

Staff and Commission discussed the proposed allocation; the areas that Martha’s Village and Kitchen (MVK), Coachella Valley Rescue Mission (CVRM) and, CV Housing First (CVAG) assist in with homeless prevention; and the pending multi-year MOU with CVAG.

MOTION – A motion was made and seconded by Commissioners Pacheco /Davidson to recommend that the Housing Authority approve funding option for Area Homeless Prevention Program for fiscal year 2022-23. Motion passed:
ayes (3), noes (0), abstain (0), absent 2 (Casto/Schuknecht).

STUDY SESSION

1. DISCUSS FUNDING OPTION FOR GALILEE CENTER
Management Analyst Kinley provided a brief presentation on background for the Galilee Center and the logic behind the request for funding assistance.

PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY: CFO and CoFounder Claudia Castorena and resident Kay Wolff provided a brief overview of how the Galilee Center assists the Coachella Valley and the City of La Quinta. Commission requested more information to provide an accurate recommendation, including an onsite visit to tour the Galilee Center and view operations.

STAFF REPORTS AND INFORMATIONAL ITEMS – None
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HOUSING COMMISSION MINUTES Page 4 of 4 MARCH 9, 2022
COMMISSIONER’S ITEMS – None

ADJOURNMENT
There being no further business, a motion was made and seconded by Commissioners Davidson/Pacheco to adjourn the meeting at 5:27 p.m. Motion passed: ayes (3), noes (0), abstain (0), absent 2 (Casto/Schuknecht).

Respectfully submitted,
Reyna Camarena
REYNA CAMARENA, Commission Secretary
City of La Quinta, California
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FINANCIAL ADVISORY COMMISSION MINUTES Page 1 of 4 FEBRUARY 9, 2022

REGULAR QUARTERLY MEETING

FINANCIAL ADVISORY COMMISSION

MINUTES
WEDNESDAY, FEBRUARY 9, 2022

CALL TO ORDER
A regular quarterly meeting of the La Quinta Financial Advisory Commission (Commission) was called to order at 4:00 p.m. by Chair Batavick.

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 Anderson, Campbell, Dorsey, Mast, Mills, Way, and Chair Batavick
ABSENT: None
STAFF PRESENT: Finance Director Martinez, Financial Services Analyst Hallick, Management Assistant Delgado.

PLEDGE OF ALLEGIANCE
Commissioner Mast led the audience in the Pledge of Allegiance.

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None
CONFIRMATION OF AGENDA – Confirmed

ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS – None

CONSENT CALENDAR ITEMS

1. APPROVE MEETING MINUTES DATED NOVEMBER 10, 2021

2. APPROVE MEETING MINUTES DATED DECEMBER 14, 2021

3. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED SEPTEMBER 30, 2021

4. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED OCTOBER 31, 2021
5(32576$1',1)250$7,21$/,7(0 NO. 31
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FINANCIAL ADVISORY COMMISSION MINUTES Page 2 of 4 FEBRUARY 9, 2022

REGULAR QUARTERLY MEETING

5. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED NOVEMBER 30, 2021
Motion – A motion was made and seconded by Commissioners Way/Campbell to approve Consent Calendar Item Nos. 3, 4, and 5. Motion passed unanimously.

CONSENT CALENDAR ITEM NO. 2
Commissioner Mills requested the following revisions to the December 14, 2021 Special Meeting minutes:
x Page 2, Business Session Item No. 1, Paragraph 2 shall read as follows:
“The Commission, staff, and City Consultant/Project Manager Nickerson with NAI Consulting, Inc., discussed how expenses are disclosed and reflected for the Project on the City’s financial statements; timeline process for Project reimbursement; funding allocation options; other agency funding shares; and Measure G and Unassigned reserve projections. The Commission requested staff obtain auditor input on how Project should be disclosed in the City’s Annual Comprehensive Financial Report.”
CONSENT CALENDAR ITEM NO. 1
Chair Batavick requested the following revisions to the November 10, 2021 Regular Meeting minutes:
x Page 3, Commissioner Item No 7 – title and first sentence shall read as follows:
“Possible Effects on the City’s Budget Due to High Inflation and Supply Chain Issues
Chair Batavick inquired if staff has looked into a strategy for any impacts on the City’s budget due to the high inflation and supply chain issues, which may cause a rise in operating expenses.”
Motion – A motion was made and seconded by Commissioners Batavick/Mills to approve Consent Calendar Item Nos. 1 and 2 as amended. Motion passed unanimously.

The Commission and staff discussed the purpose for the non-general fund for Development Impact Fees-Transportation.

BUSINESS SESSION

1. RECEIVE AND FILE FISCAL YEAR 2020/21 GENERAL FUND YEAREND BUDGET REPORT (Report) 242 Click Here to Return to Agenda
FINANCIAL ADVISORY COMMISSION MINUTES Page 3 of 4 FEBRUARY 9, 2022

REGULAR QUARTERLY MEETING
Finance Director Martinez presented the staff report, which is on file in the Finance Department.

The Commission and staff discussed general fund revenue for transient occupancy taxes (TOT) it’s funding sources; expenses for short-term vacation rental (STVR) program and its impact on TOT. Commissioner Campbell inquired on what is considered a STVR within the City. Commissioner Mills mentioned that definition on STVR can be found in past Council meetings found on the City’s archive Council meeting recordings on the website.

Further discussion followed on general fund budgeted revenues and its variances compared to actual revenue and carryovers for fiscal year 2020/21.

Commissioner Mills suggested the new Commissioners be provided with a copy of the Reserve Study done by the City, and Staff noted the study would be provided via email.

The Commission and staff discussed the current formatting of the Report that is year-over-year differences versus possibly showing in Report year-to-date year-over-year showing prior year differences. Staff noted the Report format is under review.

Motion – A motion was made and seconded by Commissioners Mills/Anderson to receive and file fiscal year 2020/21 general fund year-end budget report as submitted. Motion passed unanimously.

STUDY SESSION – None

DEPARTMENTAL REPORTS
All reports are on file in the Finance Department.

1. FINANCE DEPARTMENT CURRENT AND FUTURE INITIATIVES
Commissioner Mast asked if the Accounting Manager position posted by the City was new. Finance Director Martinez said this was her position prior to being appointed as the Finance Director.

Commissioner Anderson asked if the budget timeline for fiscal year 2022/23 would be affected due to the postponement of the City’s Annual Community Workshop. Ms. Martinez said that staff has met over the last two weeks with the capital improvement team and other departments internally to review and discuss current projects underway; are taking into consideration priority projects that may have been delayed due to the ongoing pandemic; and community priorities to make an effort to stay in line with the fiscal year 2022/23 budget timeline as done in prior years.
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FINANCIAL ADVISORY COMMISSION MINUTES Page 4 of 4 FEBRUARY 9, 2022

REGULAR QUARTERLY MEETING

2. THIRD QUARTER 2021 (JULY-SEPTEMBER) SALES TAX UPDATE

FOR THE CITY OF LA QUINTA
Commissioner Dorsey inquired on where the City stands in sales per capita in comparison to other local cities. Financial Services Analyst said the sales per capita for the City stands firmly in the middle in comparison to other cities in the Coachella Valley and noted that Palm Springs, Palm Desert, and Rancho Mirage were a bit higher than La Quinta, and Cathedral City, Indio and Coachella are below La Quinta.

COMMISSIONERS’ ITEMS – None

ADJOURNMENT
There being no further business, it was moved by Commissioner Mills/Anderson to adjourn this meeting at 5:11 p.m. Motion passed unanimously.

Respectfully submitted,
Jessica Delgado, Management Assistant
City of La Quinta, California
Digitally signed by Jessica Delgado
DN: cn=Jessica Delgado, o=City of La
Quinta, ou=Finance,
[email protected], c=US
Date: 2022.04.18 17:18:12 -07'00'
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Revised and Reposted on
April 15, 2022 pfs
INTERNATIONAL AIRPORT p�

AIRPORT COMMISSION MEETING AGENDA
Wednesday, April 20, 2022 - 5:30 P.M.

Pursuant to Assembly Bill 361, this meeting will be conducted by teleconference and there will be no in-person public access to the meeting location.

Submit your public comment to the Airport Commission electronically. Material may be emailed to: [email protected] - Transmittal prior to the start of the meeting is required. Any correspondence received during or after the meeting will be distributed to the Airport Commission and retained for the official record.

To provide public comments at the meeting, please use the following link https://us02web.zoom.us/j/86019815290?pwd=ZitOZDlyeGZhNUNEQTVkU29nTUdPdz09 or call (669) 900-6833 and enter Meeting ID: 860 1981 5290 - Passcode: 583916 Pursuant to G. C. Section 54957.5 the designated office for inspection of public records in connection with the public meeting of the Airport Commission is the Office of the City Clerk, City Hall, located at 3200 E. Tahquitz Canyon Way, Palm Springs, California 92262. It is the intention of the City of Palm Springs to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, you will need special assistance beyond what is normally provided, the Department of Aviation will attempt to accommodate you in every reasonable manner. Please contact (760) 318-3800 forty-eight hours prior to the meeting to inform us of your needs and to determine if accommodation is feasible. Please advise us at that time if you will need accommodations to attend or participate in meetings on a regular basis.

City of Palm Springs: Riverside County: City of Cathedral City: City of Palm Desert:

Aftab Dada - Chair David Feltman Peter Freymuth Jill Philbrook Kevin Wiseman Kevin J. Corcoran Ken Hedrick City of Indian Wells: City of Coachella: City of Rancho Mirage: Vice Chair Paul Budilo Gabriel Martin Thomas Weil Gerald Adams Scott G. Miller Patricia Breslin John Payne City of La Quinta: City of Desert Hot Springs: City of Indio:

Todd Burke M. Guillermo Suero Kathleen Hughes Jan Pye Jhan Schmitz Palm Springs City Staff
Justin Clifton Harry Barrett Jr., A.A.E.

City Manager Interim Airport Executive Director

AFFIDAVIT OF POSTING
I, Harry Barrett Jr., Interim Airport Executive Director, City of Palm Springs, California, hereby certify this agenda was posted on April 14, 2022, in accordance with established policies and procedures.

1. CALL TO ORDER - PLEDGE OF ALLEGIANCE

2. POSTING OF AGENDA

3. ROLL CALL
REPORTS AND INFORMATIONAL ITEM NO. 32
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Palm Springs Airport Commission Report – April 20, 2022 Meeting City Manager Report – Justin Clifton was not able to attend as he had another meeting.

Discussion and Action Items:  The items of noise control and baggage claim complaints will be addressed and discussed in Executive Director report.

Interim Airport Executive Director Report – Harry Barrett Jr. focused on the key concerns of the airport commission:
 Increase in airport noise and baggage claim complaints ‐ There has been a definite increase and it is attributed to increase of number of flights that are now coming into PSP airport. These should begin to decrease as the amount of service will now begin to decrease in April due to seasonality.  The noise complaints were made on a combination of military aircraft, private corporate jets and commercial aircraft.
 Baggage handling is a more serious concern as it involves both baggage handling (bags coming off aircraft and onto the 3 baggage belts) as well as baggage claim (bags arriving into the baggage claim area from more than one aircraft at a time.)  The current system is simply not working and not meeting capacity needs during the busy time periods. It will take 3‐4 months to analyze this problem.  The airport is now entering into a contract with a new company to improve the situation and provide a solution.  As the airport moves into a slower season, there is time to improve it before autumn. Each airline is also responsible for providing a better customer service experience.  Unfortunately, they have a lot of new, inexperienced staff who have not been adequately trained and the airport doesn’t have staff to assist in managing this problem.
 Baggage claim improvement has never been addressed in terms of an upgrade or updated.

Challenges are as follows: the baggage area is undersized for the amount of aircraft that are now arriving, the limitation of 3 baggage belts and the mad dash to drop bags, ground handler challenges among the airlines and not enough airline nor airport staff to supervise, need to upgrade the communication system in baggage claim so that passengers are aware of which carousel their bags will coming off of, and the need to apply for a grant for facility expansion. (A grant for $4.1 million will be applied for out of the FAA grant funding from auto entitlement funds to start this research.) There needs to be staff from both the airlines and the airport in this area to provide customer service and open communication with the passengers. The airport has been speaking with the airlines and is also going to increase airport staff.  The commission will now be provided with monthly updates on this issue.  On April 11th a new janitorial service started with the goal of improving the facility hygiene with an emphasis on the restrooms. Already improvement has been noted by frequent passengers.  CLEAR launched on April 14 to assist in managing the TSA lines. Improvement was noted immediately.
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Financial Summary Update – Victoria Carpenter, Airport Administration Manager  Changes to the proposed budget are that capital projects increased by $1.9 million due to restrooms, common use areas, gate 16 paving and FAA local match. Expenses increased by $2.2 million for capital program and additional airport staffing.  For month ending March 31, 2922 Fund 405 rental cars was over $7 million without even considering what April through June will be. This is the 8th straight record ‐breaking month of car rentals which are obviously in high demand.
 The Concessions RFP is due to the airport commission by May 5 and should be finalized by May 19th so that airport can stay on schedule to have it available to the public on June 6 with the goal to award this contract by end of December 2022.

Marketing Update – Daniel Meier – Deputy Director Marketing –  This summer will have 15 year‐round routes compared to 10 in 2019 .  March 2022 was the 8th month in a row that showed an increase over 2019 but only by

0.8%.
 Forward bookings look solid with July showing up 86% on seats booked to date over 2019  Advertising RFP will be shown to airport commission next month  A new airport brand and website RFP campaign is being developed and FlyPSP.com will be the website.

Next Airport Commission Meeting is scheduled for May 18,2022 at 5:30 pm via teleconference. 248 Click Here to Return to Agenda