Agenda packet — La Quinta City Council, October 17, 2023 (part 2 of 2)

Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed One Hundred Sixty Four Thousand Four Hundred Fifty Four ($164,454) (“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.
[See Attached]

1. Zoom Quote: 41095227 – Implementation Scope of Services and Fee

2. Zoom Quote: 40042876 – Zoom Software (Phone and Meeting)

3. Carahsoft Quote: Q2209484 – Zoom Order Form for Software Services to Start
148 CLICK HERE to Return to Agenda
ZOOM TEAM at CARAHSOFT

ZOOM PRICE QUOTATION
PAGE 1 of 1
QUOTE DATE:

QUOTE NO:
10/03/2023
41095227

CONFIDENTIAL
TO: Reyna Camarena
Procurement
La Quinta
78495 Calle Tampico
La Quinta, CA 92253 USA
[email protected]
(760) 777-7046
EMAIL:

PHONE:

FROM: Billy Turk
Zoom Team at Carahsoft
11493 Sunset Hills Road
Suite 100
Reston, VA 20190
EMAIL: [email protected]
PHONE: (571) 662-3323 FAX:

TERMS: Contract Number: 7-17-70-40-05
NASPO Master Contract Number: AR2472
Contract Term: 09/15/17 - 09/15/26
Shipping Point: FOB Destination
Credit Cards: VISA/MasterCard/AMEX
Remit To: Same as Above
Payment Terms: Net 45 (On Approved Credit)
Sales Tax May Apply
QUOTE NO: 41095227
TOTAL QUOTE: $6,600.00
QUOTE DATE: 10/03/2023
QUOTE EXPIRES:

RFQ NO:

SHIPPING:

TOTAL PRICE:

ESD
$6,600.00
11/02/2023
LINE NO. PART NO. DESCRIPTION - QUOTE PRICE QTY EXTENDED PRICE CPP-POINT-F-491 U.S. Public Sector CPP Points - 1 charge per point Professional Services
Carahsoft Technology Corporation - CPP-POINT-F
1 $0.99 COOP 6666.666 $6,600.00
SUBTOTAL: $6,600.00
TOTAL PRICE:

TOTAL QUOTE: $6,600.00
$6,600.00
Paid Period Start Date: October 31, 2023
Credit of $25,003.72 applied to total 4 year cost
4 year cost minus Credit = $124,064.72
Licensee agrees that any order for public sector customers will be governed by the terms and conditions of the Zoom Terms of Service which are found at https://www.carahsoft.com/application/files/3115/7246/0744/Zoom_TOS_-_Final_10.19.pdf.

The Privacy Policy has been updated and may be found here https://zoomgov.com/privacy.

The Terms of Service for non public sector customers may be found here https://zoom.us/terms.

ZOOM PRICE QUOTATION
PAGE 1 of 2
QUOTE DATE:

QUOTE NO:
10/03/2023
40042876

CONFIDENTIAL
TO: Reyna Camarena
Procurement
La Quinta
78495 Calle Tampico
La Quinta, CA 92253 USA
[email protected]
(760) 777-7046
EMAIL:

PHONE:

FROM: Billy Turk
Zoom Team at Carahsoft
11493 Sunset Hills Road
Suite 100
Reston, VA 20190
EMAIL: [email protected]
PHONE: (571) 662-3323 FAX:

TERMS: Contract Number: 7-17-70-40-05
NASPO Master Contract Number: AR2472
Contract Term: 09/15/17 - 09/15/26
Shipping Point: FOB Destination
Credit Cards: VISA/MasterCard/AMEX
Remit To: Same as Above
Payment Terms: Net 45 (On Approved Credit)
Sales Tax May Apply
QUOTE NO: 40042876
TOTAL QUOTE: $149,068.44
QUOTE DATE: 10/03/2023
QUOTE EXPIRES:

RFQ NO:

SHIPPING:

TOTAL PRICE:

ESD
$149,068.44
11/02/2023
LINE NO. PART NO. DESCRIPTION - QUOTE PRICE QTY EXTENDED PRICE YEAR 1
CPP-POINT-F-491 U.S. Public Sector CPP Points - 1 charge per point Zoom One Business Plus US/Canada Annual
Quantity: 135
Carahsoft Technology Corporation - CPP-POINT-F
1 $0.99 COOP 32727.2727 $32,400.00
CPP-POINT-F-491 U.S. Public Sector CPP Points - 1 charge per point Webinar 1000 Annual
Quantity: 1
Carahsoft Technology Corporation - CPP-POINT-F
2 $0.99 COOP 3434.34 $3,400.00
USF-FEE-491 USF Tax Fee Estimate (The published $0.01 price is not the final price. The purchase price is based on a percent of the overall Zoom Phone rate)
Zoom Video Communications, Inc. - USF-FEE
3 $0.01 COOP 146711 $1,467.11
YEAR 1 SUBTOTAL: $37,267.11
YEAR 2
CPP-POINT-F-491 U.S. Public Sector CPP Points - 1 charge per point Zoom One Business Plus US/Canada Annual
Quantity: 135
Carahsoft Technology Corporation - CPP-POINT-F
4 $0.99 COOP 32727.2727 $32,400.00
CPP-POINT-F-491 U.S. Public Sector CPP Points - 1 charge per point Webinar 1000 Annual
Quantity: 1
Carahsoft Technology Corporation - CPP-POINT-F
5 $0.99 COOP 3434.34 $3,400.00
USF-FEE-491 USF Tax Fee Estimate (The published $0.01 price is not the final price. The purchase price is based on a percent of the overall Zoom Phone rate)
Zoom Video Communications, Inc. - USF-FEE
6 $0.01 COOP 146711 $1,467.11
YEAR 2 SUBTOTAL: $37,267.11
YEAR 3
CPP-POINT-F-491 U.S. Public Sector CPP Points - 1 charge per point Zoom One Business Plus US/Canada Annual
Quantity: 135
Carahsoft Technology Corporation - CPP-POINT-F
7 $0.99 COOP 32727.2727 $32,400.00
EXHIBIT B ITEM NO. 2 - Software Costs 150 CLICK HERE to Return to Agenda

ZOOM PRICE QUOTATION
LINE NO. PART NO. DESCRIPTION - QUOTE PRICE QTY EXTENDED PRICE

QUOTE NO:
10/03/2023
40042876

CONFIDENTIAL
CPP-POINT-F-491 U.S. Public Sector CPP Points - 1 charge per point Webinar 1000 Annual
Quantity: 1
Carahsoft Technology Corporation - CPP-POINT-F
8 $0.99 COOP 3434.34 $3,400.00
USF-FEE-491 USF Tax Fee Estimate (The published $0.01 price is not the final price. The purchase price is based on a percent of the overall Zoom Phone rate)
Zoom Video Communications, Inc. - USF-FEE
9 $0.01 COOP 146711 $1,467.11
YEAR 3 SUBTOTAL: $37,267.11
YEAR 4
CPP-POINT-F-491 U.S. Public Sector CPP Points - 1 charge per point Zoom One Business Plus US/Canada Annual
Quantity: 135
Carahsoft Technology Corporation - CPP-POINT-F
10 $0.99 COOP 32727.2727 $32,400.00
CPP-POINT-F-491 U.S. Public Sector CPP Points - 1 charge per point Webinar 1000 Annual
Quantity: 1
Carahsoft Technology Corporation - CPP-POINT-F
11 $0.99 COOP 3434.34 $3,400.00
USF-FEE-491 USF Tax Fee Estimate (The published $0.01 price is not the final price. The purchase price is based on a percent of the overall Zoom Phone rate)
Zoom Video Communications, Inc. - USF-FEE
12 $0.01 COOP 146711 $1,467.11
YEAR 4 SUBTOTAL: $37,267.11
SUBTOTAL: $149,068.44
TOTAL PRICE:

TOTAL QUOTE: $149,068.44
$149,068.44
Paid Period Start Date: October 31, 2023
Credit of $25,003.72 applied to total 4 year cost
4 year cost minus Credit = $124,064.72 (Final PO)
Year 1 Software cost - $12,263.39
Licensee agrees that any order for public sector customers will be governed by the terms and conditions of the Zoom Terms of Service which are found at https://www.carahsoft.com/application/files/3115/7246/0744/Zoom_TOS_-_Final_10.19.pdf.

The Privacy Policy has been updated and may be found here https://zoomgov.com/privacy.

The Terms of Service for non public sector customers may be found here https://zoom.us/terms.

Overage charges can be incurred for cloud recording and audio conferencing licenses. Policy and pricing information may be found here https://support.zoom.us/hc/en-us/articles/360060661511-Cloud-recording-storage-capacity https://zoom.us/zoomconference/rates
Please note provisioning of Zoom licenses can take 4-7 business days 151 CLICK HERE to Return to Agenda
Order Form Number: Q2209484
Valid Until: 10/31/2023
Presented by Carahsoft Reseller ZfG on behalf of Zoom Video Communications, Inc Zoom Video Communications Inc. ('Zoom')
55 Almaden Blvd, 6th Floor
San Jose, CA
This Zoom Order Form and any other Order Forms that reference this Order Form are governed by the Zoom Terms of Service found at https://explore.zoom.us/en/terms/ (unless Customer and Zoom have entered a written governing Master Subscription Agreement, in which case such written agreement will govern).

Carahsoft Reseller ZfG is authorized to present this quote on behalf of Zoom.

SERVICE BILLING PERIOD QUANTITY PRICE TOTAL
Zoom One Business Plus US/Canada Annual Annual 135 USD 240.00 USD 32,400.00 Zoom Phone Monthly Usage - overage fee Month NA NA NA
Zoom Phone Pay As You Go Month 1 USD 0.00 USD 0.00
Webinar 1000 Annual Annual 1 USD 3,400.00 USD 3,400.00
(Before Taxes)
Annual Payment: USD 35,800.00
Payment Schedule Summary (Before Taxes)
First Payment:

First Payment: USD 35,800.00
Other Terms & Notes
Billed To
Customer: City of La Quinta
Account Legal Name:CITY OF LA QUINTA
Contact Name: Billy Turk
11493 Sunset Hills Road
Reston, Virginia
20190, United States
Email Address: [email protected]
Phone: 5716623323
Sold To
Customer: City of La Quinta
Account Legal Name:CITY OF LA QUINTA
Contact Name: Reyna Camarena
78495 Calle Tampico
La Quinta, California
92253, United States
Email Address: [email protected]
Phone: (+1) 7607777046
Auto Renew: No
Initial Paid Subscription Term: 48 Month
Paid Period Start Date: 10/27/2023
Billing Method: Email
Currency: USD
Payment Term: Net 45
EXHIBIT B ITEM NO. 3 - CARAHSOFT ORDER FORM 152 CLICK HERE to Return to Agenda Special Notes:
'Whiteboard Named Host' means a user of Zoom Whiteboard, licensed hereunder. A Whiteboard Named Host license may not be shared or used by anyone other than the individual to whom the Whiteboard Named Host license is assigned. Customer may reassign licenses as needed within their account. A Whiteboard Named Host may be the owner of an unlimited number of concurrent whiteboard files, with the ability to edit all such files, subject to Customer’s cloud storage capacity limits.

Customer’s acceptance of this order, including any amounts credited back to Customer as part of the pricing and discounting for this order, is permitted under applicable law.
- Customer will receive a one-time credit in the amount of USD 25003.72. Such credit will be applied to the initial invoice(s) for this order.

Other:

Named Host - means any subscribed host who may host an unlimited number of meetings during the Term using the Service. Any meeting will have at least one Named Host. Unless Customer has purchased an extended capacity, the number of participants (participants do not require a subscription) will not exceed 200 per meeting. Named Host subscription may not be shared or used by anyone other than the individual to whom the Named Host subscription is assigned.

Zoom One Business Plus: Zoom One Business Plus Named Host Plan includes 300 meeting capacity, unlimited whiteboards, Zoom Phone Pro, Translated Captions and Unlimited Regional Calling, Zoom Scheduler, and Workspace Reservation, Zoom Notes and Zoom AI Companion.

Country or region availability for Zoom Phone is listed on Zoom’s website and is subject to change (see https://explore.zoom.us/docs/en-us/zoomphone/globalcoverage.html).

Fees - The fees for the Services, if any, are described in the Order Form. The actual fees may also include overage amounts or per use charges for audio and/or cloud recording in addition to the fees in the Order, if such use is higher than the amounts described in the Order, and you agree to pay these amounts or charges if you incur them. Invoicing for Services begins on the first day that the service is available for use by the Customer and monthly thereafter for the duration Term, except for annual pre-pay option which is invoiced once in the first month of the annual term. Amendment orders will co-term with the existing subscription term end date.

Invoices are pro-rated from paid period start date to base subscription end date. Purchase order, if any, issued in connection with this order should reference the above order form number. Commitments not utilized by the Customer during the month for which they are committed may not be carried forward into any subsequent month or term.

All prices shown for Zoom and Zoom Phone services are exclusive of taxes. The term ‘taxes’ referred herein should encompass: US state and local taxes, VAT, GST, HST (or any other consumption taxes), Digital Service Taxes and Withholding Taxes that may apply upon making payments to Zoom. Regulatory telecommunications fees, such as USF or any similar foreign fee, will apply to Zoom Phone services and details of taxes and fees will be included in issued invoices.

Professional Services, if purchased, will be presented in a separate Order Form.

Zoom Phone Rates
Zoom Phone Table Format: Country | Landline Rate | Mobile Rate | Enabled Status Y means Zoom Phone for country is Enabled upon provisioning N means Zoom Phone for country is Not Enabled upon provisioning Toll-Free
Country | Landline Rate | Mobile Rate | Enabled Status
Callout
Country | Landline Rate | Mobile Rate | Enabled Status
Not Applicable ANTIGUA AND BARBUDA | 1.0218 $ | 1.0486 $ | Y ARGENTINA | 0.1156 $ | 0.5623 $ | Y
AUSTRIA | 0.0501 $ | 0.23 $ | Y
BULGARIA | 0.1186 $ | 0.8406 $ | Y
BOLIVIA (PLURINATIONAL STATE OF) | 0.5155 $ | 0.8003 $ | Y BONAIRE, SINT EUSTATIUS AND SABA | 0.7028 $ | 0.7028 $ | Y BOTSWANA | 0.436 $ | 0.9398 $ | Y
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COCOS (KEELING) ISLANDS | 0.4552 $ | 0 $ | Y
CURAÇAO | 0.2813 $ | 0.7028 $ | Y
CHRISTMAS ISLAND | 0.4552 $ | 0 $ | Y
CYPRUS | 0.0953 $ | 0.2861 $ | Y
GERMANY | 0.0353 $ | 0.1434 $ | Y
DOMINICAN REPUBLIC | 0.1716 $ | 0.3824 $ | Y
ALGERIA | 0.3773 $ | 2.1167 $ | Y
ECUADOR | 0.5392 $ | 0.7572 $ | Y
WESTERN SAHARA | 0.5182 $ | 0 $ | Y
SPAIN | 0.0381 $ | 0.1832 $ | Y
FINLAND | 0.8584 $ | 0.864 $ | Y
GRENADA | 1.0196 $ | 1.2758 $ | Y
GREECE | 0.0911 $ | 0.3357 $ | Y
HONG KONG SAR | 0.0863 $ | 0.1333 $ | Y
INDONESIA | 0.1486 $ | 0.2407 $ | Y
ISRAEL | 0.0639 $ | 0.1161 $ | Y
INDIA | 0.0915 $ | 0.0837 $ | Y
JORDAN | 0.6552 $ | 0.8567 $ | Y
KENYA | 0.9342 $ | 0.7235 $ | Y
CAYMAN ISLANDS | 0.7259 $ | 0.4934 $ | Y
KAZAKHSTAN | 0.3587 $ | 0.6853 $ | Y
SAINT LUCIA | 0.9581 $ | 0.5276 $ | Y
MALAYSIA | 0.1001 $ | 0.0918 $ | Y
NETHERLANDS | 0.0913 $ | 0.4453 $ | Y
NEW ZEALAND | 0.0567 $ | 0.2556 $ | Y
OMAN | 0.5335 $ | 1.1352 $ | Y
PANAMA | 0.0485 $ | 0.994 $ | Y
PHILIPPINES | 0.5808 $ | 0.7074 $ | Y
POLAND | 0.137 $ | 0.3728 $ | Y
PORTUGAL | 0.026 $ | 0.1545 $ | Y
RÉUNION | 0.3569 $ | 0.6072 $ | Y
ROMANIA | 0.0812 $ | 0.2815 $ | Y
RUSSIAN FEDERATION | 0.1054 $ | 0.8892 $ | Y
SINGAPORE | 0.0329 $ | 0.0335 $ | Y
SLOVENIA | 0.1855 $ | 1.1228 $ | Y
UKRAINE | 0.5868 $ | 1.0755 $ | Y
URUGUAY | 0.2285 $ | 0.8432 $ | Y
HOLY SEE (VATICAN CITY) | 0.0082 $ | 0 $ | Y
VENEZUELA (BOLIVARIAN REPUBLIC OF) | 0.0518 $ | 0.2809 $ | Y
VIRGIN ISLANDS (U.S.) | 0.9646 $ | 1.5308 $ | Y
ASCENSION ISLAND | 1.8943 $ | 1.065 $ | Y
ANDORRA | 0.1589 $ | 0.348 $ | Y
UNITED ARAB EMIRATES | 0.6535 $ | 0.6535 $ | Y
AFGHANISTAN | 0.3124 $ | 0.3766 $ | Y
ANGUILLA | 1.0442 $ | 1.0442 $ | Y
ALBANIA | 0.2534 $ | 0.7026 $ | Y
ARMENIA | 0.3098 $ | 0.3455 $ | Y
NETHERLANDS ANTILLES | 0.1956 $ | 0.15 $ | Y
ANGOLA | 0.6882 $ | 0.5871 $ | Y
AMERICAN SAMOA | 0.3267 $ | 0.3267 $ | Y
AUSTRALIA | 0.0443 $ | 0.182 $ | Y
ARUBA | 0.1557 $ | 0.3294 $ | Y
AZERBAIJAN | 0.434 $ | 0.5256 $ | Y
BOSNIA AND HERZEGOVINA | 0.6177 $ | 1.313 $ | Y
BARBADOS | 0.972 $ | 1.0238 $ | Y
BANGLADESH | 0.1703 $ | 0.1697 $ | Y
BELGIUM | 0.308 $ | 0.5272 $ | Y
BURKINA FASO | 0.5944 $ | 0.6532 $ | Y
BAHRAIN | 0.4356 $ | 0.5154 $ | Y
BURUNDI | 0.788 $ | 0.8907 $ | Y
BENIN | 0.602 $ | 0.5223 $ | Y
BERMUDA | 0.3216 $ | 0.3216 $ | Y
BRUNEI DARUSSALAM | 0.1424 $ | 0.0558 $ | Y
BRAZIL | 0.0524 $ | 0.2582 $ | Y
BAHAMAS | 0.6278 $ | 0.6278 $ | Y
BHUTAN | 0.1257 $ | 0.1025 $ | Y
BELARUS | 0.6629 $ | 0.6641 $ | Y
BELIZE | 1.533 $ | 1.533 $ | Y
CANADA | 0.0355 $ | 0.0355 $ | Y
CONGO, DEMOCRATIC REPUBLIC OF THE | 0.867 $ | 0.7109 $
| Y
CENTRAL AFRICAN REPUBLIC | 1.0972 $ | 0.8121 $ | Y
COTE D'IVOIRE | 0.67 $ | 0.7129 $ | Y
COOK ISLANDS | 1.5994 $ | 1.3205 $ | Y
CHILE | 0.1132 $ | 0.5309 $ | Y
CAMEROON | 0.4107 $ | 0.5179 $ | Y
CHINA | 0.0395 $ | 0.0395 $ | Y
COLOMBIA | 0.117 $ | 0.1003 $ | Y
COSTA RICA | 0.1231 $ | 0.3139 $ | Y
CABO VERDE | 0.5317 $ | 0.3612 $ | Y
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CZECHIA | 0.113 $ | 0.2348 $ | Y
DJIBOUTI | 0.7215 $ | 0.5718 $ | Y
DENMARK | 0.0327 $ | 0.1404 $ | Y
DOMINICA | 1.0227 $ | 0.7727 $ | Y
ESTONIA | 2.1381 $ | 2.0891 $ | Y
EGYPT | 0.4326 $ | 0.6226 $ | Y
ERITREA | 0.7029 $ | 0.4078 $ | Y
ETHIOPIA | 0.4027 $ | 0.3803 $ | Y
FIJI | 1.5038 $ | 0.7631 $ | Y
FALKLAND ISLANDS (MALVINAS) | 1.9702 $ | 1.9702 $ | Y
MICRONESIA (FEDERATED STATES OF) | 0.8686 $ | 0.8308 $ | Y
FAROE ISLANDS | 0.1524 $ | 0.0288 $ | Y
FRANCE | 0.0329 $ | 0.126 $ | Y
GABON | 0.6246 $ | 0.6921 $ | Y
UNITED KINGDOM | 0.0233 $ | 0.0682 $ | Y
GEORGIA | 0.8426 $ | 1.1833 $ | Y
FRENCH GUIANA | 0.2043 $ | 0.1204 $ | Y
GUERNSEY | 0.0233 $ | 0.0682 $ | Y
GHANA | 1.1366 $ | 1.1366 $ | Y
GIBRALTAR | 0.2334 $ | 0.9396 $ | Y
GREENLAND | 1.125 $ | 0.3228 $ | Y
GAMBIA | 0.6642 $ | 0.801 $ | Y
GUINEA | 1.1618 $ | 0.9137 $ | Y
GUADELOUPE | 0.0265 $ | 0.1017 $ | Y
EQUATORIAL GUINEA | 2.7398 $ | 2.7398 $ | Y
GUATEMALA | 0.625 $ | 0.7812 $ | Y
GUAM | 0.0409 $ | 0.0409 $ | Y
GUINEA-BISSAU | 0.8951 $ | 0.9941 $ | Y
GUYANA | 0.333 $ | 0.3282 $ | Y
HONDURAS | 0.1846 $ | 0.2305 $ | Y
CROATIA | 0.458 $ | 1.251 $ | Y
HAITI | 0.3532 $ | 0.4437 $ | Y
HUNGARY | 0.1209 $ | 0.2156 $ | Y
IRELAND | 0.0256 $ | 0.1784 $ | Y
ISLE OF MAN | 0.0233 $ | 0.0682 $ | Y
IRAQ | 0.2409 $ | 0.2955 $ | Y
ICELAND | 0.2305 $ | 0.1054 $ | Y
ITALY | 0.0338 $ | 0.2172 $ | Y
JERSEY | 0.0233 $ | 0.0682 $ | Y
JAMAICA | 1.0442 $ | 1.0442 $ | Y
JAPAN | 0.0601 $ | 0.137 $ | Y
KYRGYZSTAN | 0.2141 $ | 0.3367 $ | Y
CAMBODIA | 0.3497 $ | 0.3497 $ | Y
KIRIBATI | 1.9284 $ | 2.1749 $ | Y
COMOROS | 0.6617 $ | 0.7148 $ | Y
SAINT KITTS AND NEVIS | 0.9292 $ | 0.9292 $ | Y
KOREA, REPUBLIC OF | 0.1029 $ | 0.1029 $ | Y
KUWAIT | 0.3625 $ | 0.3625 $ | Y
LAO PEOPLE'S DEMOCRATIC REPUBLIC | 0.2884 $ | 0.1503 $ | Y
LEBANON | 0.1964 $ | 0.2401 $ | Y
LIECHTENSTEIN | 0.4236 $ | 0.213 $ | Y
SRI LANKA | 0.6953 $ | 0.6953 $ | Y
LIBERIA | 0.7744 $ | 0.7668 $ | Y
LESOTHO | 0.7845 $ | 1.153 $ | Y
LITHUANIA | 1.8394 $ | 1.479 $ | Y
LUXEMBOURG | 0.3562 $ | 0.3832 $ | Y
LATVIA | 2.1202 $ | 2.4842 $ | Y
LIBYA | 0.6169 $ | 0.4497 $ | Y
MOROCCO | 0.5183 $ | 2.132 $ | Y
MONACO | 0.8023 $ | 2.1247 $ | Y
MOLDOVA, REPUBLIC OF | 0.4672 $ | 0.4992 $ | Y
MONTENEGRO | 0.3536 $ | 0.8558 $ | Y
MADAGASCAR | 1.0043 $ | 1.0901 $ | Y
MARSHALL ISLANDS | 0.4046 $ | 0.4046 $ | Y
NORTH MACEDONIA | 0.6601 $ | 1.5052 $ | Y
MALI | 0.5561 $ | 0.6258 $ | Y
MYANMAR | 0.2574 $ | 0.355 $ | Y
MONGOLIA | 0.0699 $ | 0.05 $ | Y
MACAU SAR | 0.4726 $ | 0.4726 $ | Y
NORTHERN MARIANA ISLANDS | 0.0343 $ | 0.0343 $ | Y
MARTINIQUE | 0.0465 $ | 0.1033 $ | Y
MAURITANIA | 0.8688 $ | 1.0065 $ | Y
MONTSERRAT | 1.2006 $ | 1.2006 $ | Y
MALTA | 0.3331 $ | 0.6612 $ | Y
MAURITIUS | 0.717 $ | 0.6363 $ | Y
MALDIVES | 5.702 $ | 5.702 $ | Y
MALAWI | 0.7964 $ | 0.677 $ | Y
MEXICO | 0.0501 $ | 0.1711 $ | Y
MOZAMBIQUE | 0.2722 $ | 0.4588 $ | Y
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NAMIBIA | 0.2139 $ | 0.1839 $ | Y
NIGER | 0.7102 $ | 0.5895 $ | Y
NORFOLK ISLAND | 2.1209 $ | 1.065 $ | Y
NIGERIA | 0.6428 $ | 0.6428 $ | Y
NICARAGUA | 0.1902 $ | 0.3507 $ | Y
NORWAY | 0.0338 $ | 0.1522 $ | Y
NEPAL | 0.5329 $ | 0.5329 $ | Y
NAURU | 1.8562 $ | 2.026 $ | Y
NIUE | 1.7966 $ | 1.3181 $ | Y
PERU | 0.0487 $ | 0.1476 $ | Y
FRENCH POLYNESIA | 0.411 $ | 0.5337 $ | Y
PAPUA NEW GUINEA | 0.9428 $ | 1.3329 $ | Y
PAKISTAN | 0.5737 $ | 0.5737 $ | Y
SAINT PIERRE AND MIQUELON | 0.5816 $ | 0.5816 $ | Y
PUERTO RICO | 0.0242 $ | 0.0242 $ | Y
PALESTINE, STATE OF | 0.2667 $ | 0.3118 $ | Y
PALAU | 0.4532 $ | 0.4417 $ | Y
PARAGUAY | 0.1531 $ | 0.2971 $ | Y
QATAR | 0.8432 $ | 0.8784 $ | Y
SERBIA | 0.2929 $ | 0.4437 $ | Y
RWANDA | 1.103 $ | 1.2498 $ | Y
SAUDI ARABIA | 0.3749 $ | 0.5608 $ | Y
SOLOMON ISLANDS | 0.975 $ | 1.9255 $ | Y
SEYCHELLES | 1.1088 $ | 1.0784 $ | Y
SWEDEN | 0.0234 $ | 0.0956 $ | Y
SAINT HELENA, ASCENSION AND TRISTAN DA CUNHA |

2.4267 $ | 2.3385 $ | Y
SLOVAKIA | 0.0701 $ | 0.4768 $ | Y
SIERRA LEONE | 0.8439 $ | 0.7772 $ | Y
SAN MARINO | 0.8929 $ | 0.3148 $ | Y
SENEGAL | 0.7273 $ | 0.8951 $ | Y
SOMALIA | 0.7888 $ | 0.7763 $ | Y
SURINAME | 0.1996 $ | 0.4533 $ | Y
SOUTH SUDAN | 0.6542 $ | 0.7173 $ | Y
SAO TOME AND PRINCIPE | 1.5976 $ | 1.574 $ | Y
EL SALVADOR | 0.8294 $ | 0.6228 $ | Y
SINT MAARTEN (DUTCH PART) | 0.4137 $ | 0.4678 $ | Y
ESWATINI | 0.2293 $ | 0.2666 $ | Y
TURKS AND CAICOS ISLANDS | 1.411 $ | 1.6546 $ | Y
CHAD | 0.83 $ | 0.8565 $ | Y
FRENCH SOUTHERN TERRITORIES | 0.023 $ | 0.1601 $ | Y
TOGO | 0.5079 $ | 0.4711 $ | Y
THAILAND | 0.1271 $ | 0.1271 $ | Y
TAJIKISTAN | 0.2603 $ | 0.2817 $ | Y
TOKELAU | 0.975 $ | 2.4545 $ | Y
TIMOR-LESTE | 0.975 $ | 0.9269 $ | Y
TURKMENISTAN | 0.435 $ | 0.435 $ | Y
TUNISIA | 1.2254 $ | 1.2586 $ | Y
TONGA | 1.4663 $ | 1.513 $ | Y
TURKEY | 0.2271 $ | 0.5803 $ | Y
TRINIDAD AND TOBAGO | 0.5075 $ | 0.6433 $ | Y
TAIWAN, CHINA | 0.0741 $ | 0.4129 $ | Y
TANZANIA, UNITED REPUBLIC OF | 1.6103 $ | 1.6103 $ | Y
UGANDA | 1.6086 $ | 1.6086 $ | Y
UNITED STATES MINOR OUTLYING ISLANDS | 0.0343 $ |

0.0343 $ | Y
UNITED STATES OF AMERICA | 0.0318 $ | 0.0318 $ | Y
UZBEKISTAN | 0.3047 $ | 0.3047 $ | Y
SAINT VINCENT AND THE GRENADINES | 0.9717 $ | 0.5279 $ | Y
VIRGIN ISLANDS (BRITISH) | 0.4557 $ | 0.4557 $ | Y
VIET NAM | 0.3142 $ | 0.3142 $ | Y
VANUATU | 1.326 $ | 1.4891 $ | Y
WALLIS AND FUTUNA | 0.975 $ | 0.975 $ | Y
SAMOA | 0.3329 $ | 0.9589 $ | Y
YEMEN | 0.2885 $ | 0.2296 $ | Y
MAYOTTE | 0.2471 $ | 0.4199 $ | Y
SOUTH AFRICA | 0.3844 $ | 0.6876 $ | Y
ZAMBIA | 0.747 $ | 0.7075 $ | Y
ZIMBABWE | 0.3413 $ | 0.6389 $ | Y
Accepted and agreed as of the date specified below by the authorized representative of Customer End Customer Signature:
\s1\
Print Name: \n1\
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Date: \d1\
Acknowledge and agreed as of the date specified below by the authorized representative of Partner Partner Signature:
\s2\
Print Name: \n2\
Date: \d2\
Zoom Service Effective Date: 10/27/2023
End Customer PO # (If Applicable): \PONumber_2\
Partner PO # (If Applicable):

End Customer VAT # (If Applicable):

The Services will be activated within 48 hours of order signature or Zoom Service Effective Date, whichever is later.

Zoom reserves the right at its sole discretion to accept Order Forms received after the Valid Until date.

If a PO# is required for processing the invoice related to this order, please provide a PO with this order. If issuance of PO is delayed, please provide a PO within 5 days of the service effective date via email to [email protected]. Notwithstanding the foregoing, the period for payment shall commence as of the applicable invoice date. Such payment period shall not restart based on any delays in issuing a Purchase Order or any procurement process.

Zoom Phone services provided by Zoom Voice Communications, Inc. Rates, terms and conditions for Zoom Phone services are set by Zoom Voice Communications, Inc.
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Exhibit C

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Exhibit C
Schedule of Performance
Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, in accordance with the Project Schedule, attached hereto and incorporated herein by this reference.
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Exhibit D

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Exhibit D
Special Requirements
None
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Exhibit E

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Exhibit E
Insurance Requirements
E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A-VI:

Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence)
$2,000,000 (general aggregate)
Must include the following endorsements:

General Liability Additional Insured
General Liability Primary and Non-contributory
Errors and Omissions Liability
$1,000,000 (per claim and aggregate)
Workers’ Compensation
(per statutory requirements)
Must include the following endorsements:

Workers Compensation with Waiver of Subrogation
Workers Compensation Declaration of Sole Proprietor if applicable Cyber Liability
$1,000,000 (per occurrence)
$2,000,000 (general aggregate)
Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party’s acts or omissions rising out of or related to Contracting Party’s performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder.

Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contracting Party and “Covered Professional Services” as designated in the policy must specifically include work performed under this agreement. 160 CLICK HERE to Return to Agenda
Exhibit E

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The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this agreement.

Contracting Party shall carry Workers’ Compensation Insurance in accordance with State Worker’s Compensation laws with employer’s liability limits no less than $1,000,000 per accident or disease.

Contracting Party shall procure and maintain Cyber Liability insurance with limits of $1,000,000 per occurrence/loss which shall include the following coverage:
a. Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including credit monitoring and regulatory fines arising from such theft, dissemination or use of the confidential information.
b. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems.
c. Liability arising from the failure of technology products (software) required under the contract for Consultant to properly perform the services intended.
d. Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deeplinking or framing, and infringement or violation of intellectual property rights.
e. Liability arising from the failure to render professional services.

If coverage is maintained on a claims-made basis, Contracting Party shall maintain such coverage for an additional period of three (3) years following termination of the contract.

Contracting Party shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased. In the event any of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contracting Party’s obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents.

E.2 Remedies. In addition to any other remedies City may have if Contracting Party fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option:
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Exhibit E

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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.

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 162 CLICK HERE to Return to Agenda
Exhibit E

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make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent.

7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all the coverages required and an additional insured endorsement to Contracting Party’s general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, at City option.

8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City.

9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Party, provide the same minimum insurance coverage required of Contracting Party. Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.

10. Contracting Party agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and 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. 163 CLICK HERE to Return to Agenda
Exhibit E

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12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.

13. Contracting Party acknowledges and agrees that any actual or alleged failure on the part of City to inform Contracting Party of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.

14. Contracting Party will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect.

15. Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contracting Party’s insurance agent to this effect is acceptable. A certificate of insurance and an additional insured endorsement is required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages.

16. The provisions of any workers’ compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents.

17. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all-inclusive.

18. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such.

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 164 CLICK HERE to Return to Agenda
Exhibit E

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requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.

21. Contracting Party agrees to provide immediate notice to City of any claim or loss against Contracting Party arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
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Exhibit F

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Exhibit F
Indemnification
F.1 Indemnity for the Benefit of City.
a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party.
b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contracting Party shall indemnify, defend (with counsel selected by City), and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contracting Party or by any individual or entity for which Contracting Party is legally liable, including but not limited to officers, agents, employees, or subcontractors of Contracting Party.
c. Indemnity Provisions for Contracts Related to Construction (Limitation on Indemnity). Without affecting the rights of City under any provision of this agreement, Contracting Party shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the 166 CLICK HERE to Return to Agenda
Exhibit F

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liability involved, the obligation of Contracting Party will be for that entire portion or percentage of liability not attributable to the active negligence of City. d. Indemnification Provision for Design Professionals.

1. Applicability of this Section F.1(d). Notwithstanding Section F.1(a) hereinabove, the following indemnification provision shall apply to a Contracting Party who constitutes a “design professional” as the term is defined in paragraph 3 below.

2. Scope of Indemnification. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses, including, without limitation, incidental and consequential damages, court costs, reimbursement of attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party.

3. Design Professional Defined. As used in this Section F.1(d), the term “design professional” shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8.

F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees to obtain executed indemnity agreements with provisions 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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STATE OF CALIFORNIA
PARTICIPATING ADDENDUM NO. 7-17-70-40-05
Cloud Solutions
Utah NASPO ValuePoint Master Agreement No. AR2472
Carahsoft Technology Corp.

This Participating Addendum Number 7-17-70-40-05 is entered into between the State of California, Department of General Services (hereafter referred to as "State" or "DGS") and Carahsoft Technology Corp. (hereafter referred to as "Contractor") under the lead State of Utah NASPO ValuePoint Master Agreement Number AR2472.

1. SCOPE
A. This Participating Addendum covers the purchase of Cloud Solutions under the Utah NASPO ValuePoint Master Agreement. The Utah NASPO ValuePoint Master Agreement Number AR2472 is hereby incorporated by reference. The cloud solution services are identified in Section 5 (Available Services).

B. This Participating Addendum is available for use by all State Agencies including the Executive, Judicial and Legislative branches, and will include all California political subdivisions/local governments. A subdivision/local government is defined as any city, county, city and county, district, or other local governmental body or corporation, including the California State Universities (CSU) and University of California (UC) systems, K-12 schools and community colleges empowered to expend public funds.

C. Each political subdivision/local government is to make its own determination whether this Participating Addendum and the Utah NASPO ValuePoint Master Agreement are consistent with its procurement policies and regulations.

2. TERM
A. The term of this Participating Addendum shall begin upon signature approval by the State and will end September 15, 2026, or upon termination by the State, whichever occurs first.

B. Lead State amendments to extend the Master Price Agreement term date are not automatically incorporated into this Participating Addendum. Extension(s) to the term of this Participating Addendum will be through a written amendment upon mutual agreement between the State and the Contractor.

3. TERMS AND CONDITIONS/INCORPORATION OF DOCUMENTS
A. Terms and conditions listed below are hereby incorporated by reference and made a part of this Participating Addendum as if attached herein and shall apply to the purchase of services made under this Participating Addendum.

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ATTACHMENT 2
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Participating Addendum No. 7-17-70-40-05
Carahsoft Technology Corp.
1) General Provisions - Information Technology (GSPD-401IT), effective 9/5/2014.

The twelve (12) page document can be viewed at:
http://www.documents.dgs.ca.gov/pd/poliproc/GSPD401 IT14 0905. pdf.

Exception: Article 11 of the General Provisions - Information Technology, is superseded by Section 4 (Order of Precedence) below.
2) Cloud Computing Special Provisions for Software as a Service (SaaS), effective 9/3/14. The five (5) page document can be viewed at:
http://www.documents.dgs.ca.gov/pd/poliproc/CLOUDCOMPUTINGSERVICESSPE CIALPROVISIONS 14 0903.docx

4. ORDER OF PRECEDENCE
In the event of any inconsistency between the articles, attachments, or provisions which constitute this agreement, the following descending order of precedence shall apply:

A. California Participating Addendum Number 7-17-70-40-05 B. Utah NASPO ValuePoint Master Agreement Number AR2472 C. Utah Solicitation CH16012 including all Addendums
D. Contractor's response to Utah's Solicitation

5. AVAILABLE SERVICES
The following service offering from the Utah NASPO ValuePoint Master Agreement Number AR2472 are allowed under this Participating Addendum:

Software as a Service (SaaS)

6. RESTRICTIONS/DISALLOWED SERVICES - These restrictions are not applicable to political subdivisions/local governments.

A. The following service offerings are prohibited under this Participating Addendum:

1. Infrastructure as a Service (laaS)

2. Platform as a Service (PaaS)

3. Value Added Services, including Additional Value Added Services such as Maintenance Services; Deployment Services; Consulting/Advisory Services; Architectural Design Services; Statement of Work Services; Partner Services, and Training Deployment Services
B. Product and service categories that are available on mandatory California statewide contracts cannot be purchased from this Participating Addendum by State Departments without an exemption. Prior to issuing a purchase order, State Departments are responsible for obtaining an exemption from DGS, and/or California Department of Technology (CDT).

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7. PRICING
Participating Addendum No. 7-17-70-40-05
Carahsoft Technology Corp.

A. Contractor shall submit a Price Schedule identifying all services offered under this Participating Addendum for the State's approval.

B. The Price Schedule shall include the following:
1) Service Category (SaaS) Description
2) List Price
3) Discount off List Price
4) Contract Price
C. Contractor shall obtain prior approval from Utah NASPO ValuePoint Contract Administrator, and submit a written notice of price increases/decreases and a revised Price List for the State's approval.

D. State-approved Price List will be posted on the State's Cal eProcure website.

8. SERVICE ADDITIONS/DELETIONS
A. Contractor may add or delete services introduced or removed from the market by the manufacturer under the following conditions:
1) Service is within existing awarded categories under the NASPO ValuePoint Master Price Agreement;
2) Contractor has obtained prior approval from the Utah NASPO ValuePoint Contract Administrator; and
3) Contractor receives written approval from the California State Contract Administrator.

B. Contractor shall submit a written notice of service (s) additions/deletions and a revised Price Schedule for the State's approval.

9. FULFILLMENT PARTNERS/AUTHORIZED RESELLERS
Authorized Resellers are available for this Participating Addendum:

ISSUE PURCHASE ORDER TO
Orders may be placed with Carahsoft Technology Corp. or with an Authorized Reseller as indicated below:

Orders placed with Carahsoft Technology Corp.

SUBMIT ORDERS TO:

Carahsoft Technology Corp.
1860 Michael Faraday Drive, Suite 100
Contact:

Phone:

Fax No.:

E-mail:

Karina Woods
703/871-8500
703/871-8505
[email protected]

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Participating Addendum No. 7-17-70-40-05
Carahsoft Technology Corp.

Orders placed with an Authorized Reseller must be addressed as shown below, and payment must be made payable to the Authorized Reseller identified on the invoice as shown below:

SUBMIT ORDERS TO:

Carahsoft Technology Corp.
c/o DynTek Services, Inc.
4440 Von Karman, Suite 200, Newport Beach, CA 92660
Contact:

Phone:

Fax No.:

E-mail:

Kelsea Pratt-Acosta
949/271-6780
949/271-6794
[email protected]
SUBMIT ORDERS TO:

Carahsoft Technology Corp.
c/o NWN Solutions Corporation
2969 Prospect Park Drive, Suite 225, Rancho Cordova, CA 95670 Contact:

Phone:

Fax No.:

E-mail:

Team Meade
916/637-2160
916/596-4800
[email protected]
SUBMIT ORDERS TO:

Carahsoft Technology Corp.
c/o Taborda Solutions, Inc.
9580 Oak Ave Pkwy, Suite 7-180, Folsom, CA 95630
Contact:

Phone:

Fax No.:

E-mail:

Bear Williams
916/717-8711
916/200-0353
[email protected]
For invoicing purposes, each State Accounting office must have a copy of the reseller's Payee Data Record (Std. 204) in order to process payment of the invoice. Agencies should forward a copy of the Std. 204 to their respective accounting office. Without the Std. 204, payment may be unnecessarily delayed.

AUTHORIZED RESELLERS ARE RESPONSIBLE FOR SENDING A COPY OF ALL PURCHASE ORDERS TO CARAHSOFT TECHNOLOGY CORP. FOR COOPERATIVE AGREEMENTS (NASPO VALUEPOINT) QUARTERLY REPORTING REQUIREMENTS.

When issuing an order to an authorized reseller listed on Cooperative Agreements, it is the agency's responsibility to ensure that the reseller holds a valid California Seller's Permit.

NOTE: Contractor shall be responsible for successful performance and compliance with all requirements in accordance with the terms and conditions under this Participating Addendum, even if work is performed by Servicing Subcontractors. All State policies, guidelines, and requirements shall apply to Authorized Resellers.

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10. ORDERING AGENCY RESPONSIBILITIES
Participating Addendum No. 7-17-70-40-05
Carahsoft Technology Corp.

A. State department and political subdivision/local government use of this Participating Addendum is optional.

B. State departments and political subdivision/local governments must follow the ordering procedures outlined within the User Instructions guide, administered by the State Contract Administrator, to execute orders against this Participating Addendum.

11. INVOICING AND PAYMENT
A. Payment terms for this Participating Addendum are net forty-five (45) days. Payment will be made in accordance with IT General Provisions Paragraph 30 (Required Payment Date).

B. Invoices shall be sent to the address identified in the Ordering Agency's purchase order.

The State Participating Addendum Number and Ordering Agency Purchase Order Number shall appear on each invoice for all purchases placed under this Participating Addendum.

C. Contractor will accept the State of California credit card (CAL-Card) for payment of invoices.

12. USAGE REPORTING
A. Contractor shall submit usage reports on a quarterly basis to the State Contract Administrator for all California entity purchases using the report template attached hereto as Attachment A. The report is due even when there is no activity.

B. The report shall be an Excel spreadsheet transmitted electronically to the DGS mailbox at [email protected].

C. Any report that does not follow the required format or that excludes information will be deemed incomplete. Contractor will be responsible for submitting corrected reports within five business days of the date of written notification from the State.

D. Tax must not be included in the report, even if it is on the purchase order.

E. Reports are due for each quarter as follows:

Reporting Period Due Date
JUL 1 to SEP 30 OCT31
OCT1 to DEC 31 JAN 31
JAN 1 to MAR31 APR 30
APR 1 to JUN 30 JUL 31
F. Failure to meet reporting requirements and submit the reports on a timely basis shall constitute grounds for suspension of this contract.

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Participating Addendum No. 7-17-70-40-05
Carahsoft Technology Corp.

G. Amendments for term extensions may be approved only if all due reports have been submitted to the State.

13. ADMINISTRATIVE FEE
A. Contractor shall submtt a check, payable to the State of California, remitted to the Cooperative Agreement Unit for the calculated amount equal to one percent (0.01) of the sales for the quarterly period.

B. Contractor must include the Participating Addendum Number on the check. Those checks submitted to the State without the Participating Addendum Number will be returned to Contractor for additional identifying information.

C. Administrative fee checks shall be submitted to:

State of California
Department of General Services, Procurement Division
Attention: Cooperative Agreement Program
707 3
rd Street, 2
nd Floor, MS 2-202
West Sacramento, CA 95605
D. The administrative fee shall not be included as an adjustment to Contractor's NASPO · ValuePoint Master Agreement pricing.

E. The administrative fee shall not be invoiced or charged to the ordering agency.

F. Payment of the administrative fee is due irrespective of payment status on orders or service contracts from a purchasing entity.

G. Administrative fee checks are due for each quarter as follows:
--- - ".:'- -- - - -- --- ,::__ - .,,_
--::.:.-
=-; _;'":: =-.i; ,;::

JUL 1 to SEP30 OCT31
OCT 1 to DEC31 JAN 31
JAN 1 to MAR31 APR 30
APR 1 to JUN 30 JUL 31
H. Failure to meet administrative fee requirements and submit fees on a timely basis shall constitute grounds for suspension of this contract.

Page 6 of 8 ends

173 CLICK HERE to Return to Agenda

14. CONTRACT MANAGEMENT
Participating Addendum No. 7-17-70-40-05
Carahsoft Technology Corp.

A. The primary Contractor Contract Manager for this Participating Addendum shall be as follows:

Contractor:

Name:

Phone:

Fax:

E-Mail:

Address:

Carahsoft Technology Corp.

Jack Dixon
703-230-7545
703-871-8505
[email protected]
1860 Michael Faraday Drive, Ste 100
Reston, VA 20190
B. The State Contract Administrator for this Participating Addendum shall be as follows:

Name:

Phone:

Fax:

E-Mail:

Address:

Yolanda Tutt
916.375.4408
916.375.4663
yolanda. [email protected]. gov
State of California
Department of General Services
Procurement Division
707 Third Street, 2nd Floor, MS 2-202
West Sacramento, CA 95605
C. Should the contact information for either party· change, the party will provide written notice with updated information no later than ten business days after the change.

15. Termination of Agreement
The State may terminate this Participating Addendum at any time upon 30 days prior written notice to the Contractor. Upon termination or other expiration of this Participating Addendum, each party will assist the other party in orderly termination of the Participating Addendum and the transfer of all assets, tangible and intangible, as may facilitate the orderly, nondisrupted business continuation of each party. This provision shall not relieve the Contractor of the obligation to perform under any purchase order or other similar ordering document executed prior to the termination becoming effective.

16. Amendment
No amendment or variation of the terms of this Participating Addendum shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or agreement not incorporated in the Participating Addendum is binding on any of the parties.

Page 7 of 8 ends

174 CLICK HERE to Return to Agenda

17. Agreement
Participating Addendum No. 7-17-70-40-05
Carahsoft Technology Corp.

A. This Participating Addendum and the Master Agreement together with its exhibits and/or amendments, set forth the entire agreement between the parties with respect to the subject matter of all previous communications, representations or agreements, whether oral or written, with respect to the subject matter hereof. Terms and conditions inconsistent with, contrary or in addition to the terms and conditions of this Participating Addendum and the Master Agreement, together with its exhibits and/or amendments, shall not be added to or incorporated into this Participating Addendum or the Master Agreement and its exhibits and/or amendments, by any subsequent purchase order or otherwise, and any such attempts to add or incorporate such terms and conditions are hereby rejected. The terms and conditions of this Participating Addendum and the Master Agreement and its exhibits and/or amendments shall prevail and govern in the case of any such inconsistent or additional terms.

B. By signing below Contractor agrees to offer the same services as on the Utah NASPO ValuePoint Master Agreement Number AR2472, at prices equal to or lower than the prices on that contract.

C. IN WITNESS WHEREOF, the parties have executed this Participating Addendum as of the date of execution by both parties below.

STATE OF CALIFORNIA
Department of General Services
Date Signed
J1 Ricardo Martinez, Acting Deputy Director jl · Printed Name and Title of Authorized Signer 707 Third Street
West Sacramento, CA 95605
Address

Page 8 of 8 ends

CONTRACTOR
Carahsoft Technology Corp.

Contractor Name
2 1Q August 9, 2017
Signature of Autho-;t;;d Signer Date Signed
Ellen Lord, Contracts Manager
Printed Name and Title of Authorized Signer
1860 Michael Faraday Drive, Suite 100
Reston, VA 20190
Address
175 CLICK HERE to Return to Agenda
Participating Addendum No.

Attachment A
Sheet 1 of 1
Contract Number:

Contractor:

Reporting Period:

Report Value:

Administrative Fee:
176 CLICK HERE to Return to Agenda
City of La Quinta
CITY COUNCIL MEETING: October 17, 2023

STAFF REPORT
AGENDA TITLE: INTRODUCE AN ORDINANCE AMENDING CHAPTER 2.60 OF THE LA

QUINTA MUNICIPAL CODE RELATING TO THE CONFLICT OF INTEREST CODE

RECOMMENDATION
A) Move to take up Ordinance No. ___ by title and number only and waive further reading.

B) Move to introduce at first reading Ordinance No. ____ amending Chapter 2.60 of the La Quinta Municipal Code relating to the City’s conflict of interest code.

EXECUTIVE SUMMARY
 The Political Reform Act (PRA) requires every local government to review its Conflict of Interest Code (Code) at least every other year. It is legally required that an agency’s conflict of interest code reflects the current structure of the agency and properly identifies all officials and employees who should be filing a Statement of Economic Interest.
 The purpose of the Code is to specifically designate positions that make or participate in the making of governmental decisions, which may foreseeably have a material effect on any financial interests of the persons holding those positions.  City officials in the positions designated on the attached ordinance must disclose their financial interests annually and refrain from participation in any decision(s) that may affect them financially.
 The annual Statement of Economic Interest filings are the basis for the transparency that California’s PRA requires of public officials. Statements of Economic Interest are public documents filed with the City Clerk.

FISCAL IMPACT – None.

BACKGROUND/ANALYSIS
Public officials, both elected and appointed, are classified in one of two disclosure categories based on their level of influence on municipal financial decisions. Officials in the “full disclosure” category have substantial influence and must disclose all investments, business positions, and interests in real property, within the jurisdiction, held on the date of assuming office and income received during the 12 months immediately preceding assuming office.

BUSINESS SESSION ITEM NO. 3
177 CLICK HERE to Return to Agenda
Officials in the “limited disclosure” category have less influence on decisions. These positions must disclose personal economic interests held that could be significantly affected through the exercise of official duties, including investments, business positions, and income from sources located in or doing business in the City, interests in real property located in the City, and property located not more than two miles outside the boundary of the City or property located within two miles of any property owned or used by the City.

Review of the City’s positions, duties, and influence of public officials has resulted in the following recommended changes to Chapter 2.60 of the Municipal Code due to organizational changes over the last year to better align positions with the City’s ability to provide high-level services to its community:

Add the following titles as designated positions for “limited disclosure” filing:
 Associate Planner
 Community Services Deputy Director
 Deputy Building Official
 Finance Manager
 Human Resources Manager
 Maintenance & Operations Deputy Director
 Maintenance & Operations Superintendent
 Principal Management Analyst
 Public Safety Deputy Director
 Senior Accountant
 Senior Permit Technician
Delete the following titles from the “limited disclosure” designated positions:
 Accounting Manager
 Community Resources Manager
 Community Resources Analyst
 Deputy Director of Facilities
 Director of Community Resources
 Financial Services Analyst
 Human Resources Analyst
 Public Safety Manager
 Senior Emergency Management Coordinator
 Traffic Operations Analyst

ALTERNATIVES
The City Council may elect to (1) approve the proposed Code as submitted, or (2) revise the proposed Code and approve it as revised.

Prepared by: Laurie McGinley, Deputy City Clerk
Approved by: Monika Radeva, City Clerk
178 CLICK HERE to Return to Agenda
ORDINANCE NO. XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, AMENDING CHAPTER 2.60 OF

THE LA QUINTA MUNICIPAL CODE RELATING TO THE
CITY’S CONFLICT OF INTEREST CODE
WHEREAS, the Political Reform Act, Government Code Section 81000, et seq., requires state and local government agencies to adopt and promulgate conflict of interest codes; and
WHEREAS, the Fair Political Practices Commission (FPPC) has adopted a regulation, Title 2, Division 6, California Code of Regulations Section 18730 – Provisions of Conflict of Interest Codes, which contains the terms of a standard conflict of interest code which can be incorporated by reference; and
WHEREAS, the City of La Quinta (City) has adopted by reference the FPPC's regulation as well as a list of designated employees as Chapter 2.60 of the La Quinta Municipal Code (Code); and
WHEREAS, the City desires to make changes to the list of designated employees and disclosure categories to reflect the current classifications/positions within the City; and;
WHEREAS, the place of filing of the Statements of Economic Interests shall be in accordance with Government Code Section 87500; and
WHEREAS, Statements of Economic Interest are public documents available from the City Clerk of the City of La Quinta; and
WHEREAS, the City believes these changes are in the best interests of the citizens of the City of La Quinta.

NOW THEREFORE, the City Council of the City of La Quinta does ordain as follows:

SECTION 1. Chapter 2.60 Conflict of Interest of the La Quinta Municipal Code is amended to read as follows:

2.60.020 - Designated positions—Disclosure categories.

A. Full disclosure on Form 700, Statement of Economic Interest, shall be required from the following positions pursuant to Government Code Section 87200:
179 CLICK HERE to Return to Agenda
Ordinance No. 60X
Amending Section 2.60.020 of the La Quinta Municipal Code Conflict of Interest Code
Adopted: xxxx, 2023

Page 2 of 5 ends

Designated Positions
 City Attorney
 Assistant and/or Deputy City Attorney(s)
 City Manager
 Assistant and/or Deputy City Manager(s)
 Finance Director/City Treasurer
 Mayor
 Members of the City Council/Financing Authority/Housing Authority  Members of the Planning Commission
 Members of the Successor Agency to the Dissolved Redevelopment Agency  Candidates for any of the positions above
B. Limited disclosure on Form 700, Statement of Economic Interest, shall be required from the following officeholders pursuant to Government Code Section 87302:

Designated Positions
 Accounting Manager
 Animal Control/Code Compliance Supervisor
 Assistant Construction Manager
 Associate Engineer
 Associate Planner
 Building Official
 City Clerk
 Community Resources Manager
 Community Resources Analyst
 Deputy Building Official
 Deputy City Clerk
 Deputy Director of Community Services
 Deputy Director of Facilities
 Deputy Director of Public Safety
 Director of Business Unit and Housing Development
 Director of Community Resources
 Director of Design and Development
 Director of Public Works / City Engineer
 Finance Manager
 Financial Services Analyst
 Hub Manager
 Human Resources Analyst
 Human Resources Manager
 Maintenance & Operations Deputy Director
180 CLICK HERE to Return to Agenda
Ordinance No. 60X
Amending Section 2.60.020 of the La Quinta Municipal Code Conflict of Interest Code
Adopted: xxxx, 2023

Page 3 of 5 ends

 Maintenance and Operations Superintendent
 Management Analyst
 Marketing Manager
 Members of the Community Services Commission
 Members of the Financial Advisory Commission
 Members of the Housing Commission
 Planning Manager
 Principal Management Analyst
 Public Safety Manager
 Senior Emergency Management Coordinator
 Senior Accountant
 Senior Planner
 Senior Permit Technician
 Traffic Operations Analyst
SECTION 2. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption.

SECTION 3. POSTING: The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the permanent record of Ordinances of the City of La Quinta.

SECTION 4. CORRECTIVE AMENDMENTS: the City Council does hereby grant the City Clerk the ability to make minor amendments and corrections of typographical or clerical errors to “Exhibit A” to ensure consistency of all approved text amendments prior to the publication in the La Quinta Municipal Code.

SECTION 5. SEVERABILITY: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional. 181 CLICK HERE to Return to Agenda
Ordinance No. 60X
Amending Section 2.60.020 of the La Quinta Municipal Code Conflict of Interest Code
Adopted: xxxx, 2023

Page 4 of 5 ends

PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council held this ___ day of November, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
_________________________
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
___________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California

182 CLICK HERE to Return to Agenda
Ordinance No. 60X
Amending Section 2.60.020 of the La Quinta Municipal Code Conflict of Interest Code
Adopted: xxxx, 2023

Page 5 of 5 ends

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF LA QUINTA )
I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. (enter number) which was introduced at a regular meeting on the (date) day of (month), (year), and was adopted at a regular meeting held on the (date) day of (month), (year), not being less than 5 days after the date of introduction thereof.

I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in the Rules of Procedure adopted by City Council Resolution No. 2022-027.
_______________________
MONIKA RADEVA, City Clerk
City of La Quinta, California

DECLARATION OF POSTING
I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on , pursuant to Council Resolution. _______________________
MONIKA RADEVA, City Clerk
City of La Quinta, California
183 CLICK HERE to Return to Agenda
184 CLICK HERE to Return to Agenda
City of La Quinta
CITY COUNCIL MEETING: October 17, 2023

STAFF REPORT
AGENDA TITLE: DISCUSS CITY BRANDED MERCHANDISE

RECOMMENDATION
Discuss city branded merchandise.

EXECUTIVE SUMMARY
• In April of 2023 the City’s Marketing Division created a collection of La Quinta merchandise to distribute at City events including the annual City Picnic. • The City has received many inquiries from residents and visitors on the ability to purchase the new collection and various promotional items. • Staff has researched various options on allowing residents and visitors to obtain additional materials.

FISCAL IMPACT – None.

BACKGROUND/ANALYSIS
Generally, the City distributes promotional materials and giveaways at events, which the public is interested in the ability to purchase.

Over the years the City has handed out a variety of giveaways at events that the public would request to purchase. One highly sought after item is the vehicle license plate frames with the City of La Quinta name and logo.

In April 2023, the City launched a “Love La Quinta” campaign that featured a more striking curated collection of apparel, hats, mugs, stickers, and bags. These items were given out at the annual City Picnic to residents and visitors who signed up to the City’s social media platforms. The City has received requests to purchase these items from residents, businesses, visitors, and partners.

The City has identified three possible solutions to enable the sale of branded merchandise:
1) Create an online store with zero return,
2) Create a non-profit, and
STUDY SESSION ITEM NO. 2
185 CLICK HERE to Return to Agenda
3) Remain status quo.

Staff has consulted with the City Attorney regarding establishing a nonprofit, which would enable the City to create a point-of-sale system for branded merchandise purchases and reuse any proceeds through the merchandise budget.

ALTERNATIVES
Council may wish to request further information regarding specific alternatives and provide direction regarding next steps.

Prepared by: Marcie Graham, Marketing Manager
Approved by: Gil Villalpando, Director
186 CLICK HERE to Return to Agenda
City of La Quinta
CITY COUNCIL MEETING: October 17, 2023

STAFF REPORT
AGENDA TITLE: DISCUSS OPTIONS FOR USE OF RECENTLY ACQUIRED HISTORICAL BUILDING LOCATED AT 51001 EISENHOWER DRIVE

RECOMMENDATION
Discuss options for use of the recently acquired historical building located at 51001 Eisenhower Drive.

EXECUTIVE SUMMARY
• In 2023, the City purchased real property located at 51001 Eisenhower Drive (Property).
• The Property assessment, conducted by the City’s Building Division, concluded the building can be made Americans with Disabilities Act (ADA) compliant and ready to open for use with minor Property improvements. • Staff requests guidance and recommendations on use options to honor and preserve the historic building.

FISCAL IMPACT – None.

BACKGROUND/ANALYSIS
The Property was constructed in 1938, 12 years after the La Quinta Resort’s opening. The Property served as a real estate and property management business for nearly 40 years for the former La Quinta Palms Realty. In early 2023, the City acquired the Property with the intent for historic preservation purposes.

Staff conducted a thorough review of the Property’s existing conditions and began necessary upgrades to ensure ADA compliance.

Staff solicited input from local businesses on the use of the building and held internal discussions to identify options for possible uses; some options are detailed below:
- Visitor’s Center
- Leased Space for Business/Visitor’s Center Combination - City Facility and Conference Space
- Display future Art Exhibits, or incorporate it into the Cultural Campus Master Plan as additional space for the Museum
- Other miscellaneous uses as directed by Council
STUDY SESSION ITEM NO. 3
187 CLICK HERE to Return to Agenda
After receiving direction for preferred uses, staff will create and circulate a Request for Proposals and return to Council with recommendations.

Prepared by: Doug Kinley III, Management Analyst
Approved by: Gilbert Villalpando, Director
188 CLICK HERE to Return to Agenda

MARKETING QUARTERLY REPORT
July 1, 2023 - September 30, 2023
Print Marketing
Recycle Ads
SB 1383 Ads
IRONMAN 70.3
Radio Campaigns
Palm Springs Life
Seattle Met Magazine
OOH Campaigns
Palm Springs Airport
Digital Marketing
DEPARTMENTAL REPORT ITEM NO. 1
189 CLICK HERE to Return to Agenda
Event Promotion
190 CLICK HERE to Return to Agenda
Social Media Campaign
Facebook/Twitter/NextDoor/Instagram
City Council Meeting & Recaps
Road Improvements / Traffic Alerts
The Gem
Shop La Quinta Local Campaign
Concerts in the Park
State of the City
Quail Mail 2.0 Sign Up
Art on Main Street
City Events
SB 1383 Education
Battery Recycling Program
Hunger Action Month
Utility Education and Information
Find Foodbank
Veteran Nominations
Dune Palms Bridge Project
#LOVELQ Shop Small Shop Local
Library/Creation Station Services
Museum Exhibits
Flag Repository
Wellness Center Services
Art in Public Places
New Business Shout Outs
Car Temperature Safety (Pets)
CV Link Updates
9 Cities Blood Drive Challenge
The Hub Online System
Cool Center Information
Activities Promenade
Conserve Alerts
Hurricane Hilary Updates/Information
191
CLICK HERE to Return to Agenda
Michelle Enriquez (@dietandfries) - Foodie: 28K Followers Kirstin Knight (@knightsglow) - Family: 102K Followers
Social Media Influencers
Website Upgrades/Updates
Staff continues to monitor, update and upgrade the City's municipal website pages and content.
192 CLICK HERE to Return to Agenda
Expanded Branding Elements
Cal Travel Summit 2023 Recap - Monterey, CA
An informative and educational summit that focuses on the current status of tourism, the future of tourism, legislative updates, and opportunities for creative brainstorming and networking. A few sessions attended were:

The State of the Travel Industry in America
The state of travel and tourism in America, the challenges and opportunities that lie ahead, and the organization's strategies to address our industry's most pressing issues.

Navigating California's Economic & Public Policy Currents Forecast of the top economic trends and public policy decisions that will shape California's future.

Destination Management
Destinations are responsible for ensuring their locations remain viable places to visit, live, and work.

California Advocacy Highlights
Review state advocacy highlights, current challenges and opportunities, and future focus of the organization.

Reimagining California's Brand for a New Era
Visit California's President & CEO Caroline Beteta gave an update on the state's tourism marketing efforts, including Visit California's evolved strategy and programming for 2023 and beyond.

The 12 Laws of AI
Navigating and understanding the complex world of AI. Understanding what AI is exactly, maximizing its potential in tourism, and being aware to its pitfalls. 193 CLICK HERE to Return to Agenda
194
CLICK HERE to Return to Agenda

STVR QUARTERLY REPORT
JULY 1, 2023 - SEPTEMBER 30, 2023

THE STVR PROGRAM CONSISTS OF PERMITTING, LICENSING,

TAX COLLECTION, AND COMPLIANCE MONITORING AND ENFORCEMENT

PERMITTING
The City Clerk's Office issues all new and
renewed STVR permits and related business
licenses, handles Transient Occupancy Tax
(TOT) collections, and assists STVR property
owners with keeping their property in
compliance with the STVR program.

Number of STVR Permits:

September 2023
Total STVR Permits: 1,232
17 51
1,164
Homeshares Primary Residence General Permits
0 500
1000
Figure 1
(Estate Permits: 64)
Active STVR Permits by Area - 2021, 2022 & 2023:

Table 1
Enclosed at the
end of this
report is a list of
Active STVR
Permits by
development.

Effective May 20, 2021, a ban on the
issuance of new STVR permits in
Permit Ban Areas was established
pursuant to Section 3.25.055 of the La
Quinta Municipal Code. Permit holders
may renew existing permits in Permit Ban
Areas, but permits cannot be transferred.

New STVR permits can only be issued
for properties within select STVR
Zones (see attached STVR map).
195
DEPARTMENTAL REPORT ITEM NO. 3
CLICK HERE to Return to Agenda

COMPLIANCE
The Code Compliance Department handles all
compliance related matters for the STVR
program, which includes managing complaints,
conducting investigations, and taking
enforcement actions, such as issuing notices of
violations, administrative citations, and STVR
permit suspensions.

STVR Complaints Citywide by Area: Quarters 1, 2 & 3 of 2023 13 34
19 16
24 7
26 49
9 25
28 8
1 6
4 North LQ Mid LQ Cove South LQ (PGA West) Exempt Areas Q-1 2023
Q-2 2023
Q-3 2023
0 20 40 60 80 100 120 140
Complaints:
81*
141
Figure 2 * This does not include 86 complaints received due to a technical glitch with one of the hosting platforms.
47 The STVR program features a 24/7 STVR Hotline available to residents to call and report complaints or potential issues regarding STVR properties. These calls are answered by City staff or the call center vendor (see attached Picture-Chart), and each call is directed accordingly to a Code Enforcement Officer or the Local Contact on file for the STVR property. All calls can be reported anonymously.
24/7 STVR Hotline: (760) 777-7157
Figure 2 above shows the complaints recieved citywide for each Area in 2023 for Quarters 1, 2 & 3.
196 CLICK HERE to Return to Agenda
Figure 3
YOY Quartly Complaints: 2021 - 2023
324
348
294
85 71
129
56 30
81 141
47 2021 2022 2023
Q-1 Q-2 Q-3 Q-4
0 100
200
300
Complaints: Quarters 1, 2 & 3 of 2023
Permitted vs. Unpermitted
21 42
29 60
99 18
Permitted Unpermitted
Q-1 2023 Q-2 2023 Q-3 2023
0 25
50 75
100
Figure 3 details the the
complaint data for Q-1,
Q-2 & Q-3 of 2023 as it
applies to permitted vs.
unpermitted STVR
properties.

Figure 4
Figure 4 shows the yearover-year quarterly
comparison of citywide
STVR complaints for
2021, 2022, and Q-1, Q-2
& Q-3 of 2023.

Figure 3 above shows complaints for unpermitted properties continue to be the vast majority in 2023 as they were in 2022.

The year-over-year comparison for the number of complaints for Quarters 1, 2, and 3 of 2023, are consistent with the lower number of complaints received in 2022. 197 CLICK HERE to Return to Agenda
Citations:

STVR Citations: 2022 & Q-1, 2 & 3 of 2023
Permitted vs. Unpermitted
9 8 4 1 1 5 5
9 21
14 6
36 49
9 Permitted Citations Unpermitted Citations
Q-1 2022 Q-2 2022 Q-3 2022 Q-4 2022 Q-1 2023 Q-2 2023 Q-3 2023 0 20
40 STVR Citations: 2022 & Q-1, 2 & 3 of 2023
Administrative vs. Disturbance
10 22
15 7
37 53
10 8
7 3
1 4
Administrative Citations Disturbance Citations
Q-1 2022 Q-2 2022 Q-3 2022 Q-4 2022 Q-1 2023 Q-2 2023 Q-3 2023 0 20
40 Figure 5
Figure 6
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 overwhelmingly majority of administrative compliance matters are related to operating/advertising without an STVR permit or business license, or failure to display the STVR permit number on listings. Others include incorrect or missing occupancy limit advertised on listings, failure to report/remit transient occupancy tax, etc.

Figure 6 shows the vast
majority of citations
were issued for
administrative matters,
primarily for operating
and/or advertising without
an STVR permit:
- 75% in 2022
- 95% in 2023
Figure 5 shows the vast
majority of citations in
2022 and 2023 were
issued to unpermitted
properties:
- 91% in 2023 Quarters 1-3
- 82% in 2022
198 CLICK HERE to Return to Agenda

TAXES, FEES &

STVR PROGRAM
COSTS
The STVR program collects Transient
Occupancy Tax (TOT), fees for citations
and inspections, and all program operating
costs such as STVR permit and business
licensing fees.

Table 2 *Citation Fine Collections are current as of October 11, 2023 TOT is a 10% tax due to the City each month on all STVR stays of 30-days or less.

Permit and licensing fees and fine collections covered STVR program operational costs in 2021 and 2022 and are expected to cover them in 2023.

TOT collections continue to increase as the City has implemented required rental verification reports and monthly TOT audits.

Table 2 below provides an overview of the annual STVR program revenues for calendar years 2020, 2021, 2022, and Q-1, Q-2 & Q-3 of 2023. 199 CLICK HERE to Return to Agenda
Acacia 9 The Cove 224
Bella Vista 9 Cove Total STVR Permits 224
Cactus Flower 9
Del Rey 2
Desert Pride 11 Avenida La Fonda Neighborhood (Desert Club TR Unit 2) 2 Indian Springs Neighborhood 5 Calle Fortuna Neighborhood (Desert Club TR Unit 1) 3 La Quinta Del Oro (Not Gated) 8 Desert Club Estates (Desert Club TR Unit 5) 15 La Quinta Highlands 13 Enclave 1
Marbella 5 Haciendas at La Quinta 1
Monticello 11 Highland Palms Neighborhood 11
Quinterra 3 Montero Estates (No HOA) 2
Rancho Ocotillo 3 Renaissance 1
Sonrisa 5 Sagebrush Neighborhood (Desert Club Manor TR 1) 7 Topaz 10 Santa Rosa Cove 43
Vista Grande 2 Seasons at La Quinta (Residential) 2
Westward Ho/Westward Shadows 1 Mid La Quinta Total STVR Permits: 88 Westward Isle 1
North La Quinta Total STVR Permits: 107
Casitas Las Rosas 72
Legacy Villas 214
Estates at La Quinta 1 Merv Griffin Estate 1
La Quinta Fairways 4 PGA West:Signature 132
PGA West: Fairways 97 Polo Villas 11
PGA West: Res I 143 Puerta Azul 39
PGA West: Res II 56 Spa Villas at LQ Resort 10
Village at the Palms 2 Tennis Villas 31
South La Quinta Total STVR Permits: 303 Exempt Total STVR Permits 510 *This information is current as of September 30, 2023 and is updated on a quarterly basis Cove
Number of Permitted STVR Properties per Development
1,232 Active STVR Permits as of 9/30/2023*
Mid La Quinta
North La Quinta
South La Quinta
Exempt
200 CLICK HERE to Return to Agenda
**SHERIFF MAY BE DISPATCHED AT ANY TIME DEPENDING ON THE CIRCUMSTANCES OF THE CALL *IF THE CODE OFFICER IS UNAVAILABLE OR UNABLE TO RETURN CALLS IMMEDIATELY, HOTLINE CALLS ARE FORWARDED TO THE HOTLINE VENDOR UNTIL

THE CODE OFFICER BECOMES AVAILABLE

CALL TO HOTLINE IS

RECEIVED
24/7 STVR HOTLINE - (760) 777-7157
HOTLINE CALLS EXTENDED-BUSINESS HOURS:

FRIDAY - SUNDAY: 6:00 PM - 2:00 AM (MONDAY)

HOTLINE VENDOR ANSWERS CALL

AND GATHERS COMPLAINT AND

PROPERTY INFORMATION FROM
CALLER

CITY CONTRACTED SECURITY PATROL
OFFICER IS DISPATCHED TO PROPERTY.

DEPENDING ON SITUATION, LOCAL
CONTACT MAY BE CALLED**
ALL CALLS MADE TO THE 24/7 STVR HOTLINE ARE ROUTED ACCORDINGLY DEPENDING ON THE

DAY/TIME OF THE CALL AS SHOWN BELOW
HOTLINE CALLS BUSINESS-HOURS:

MONDAY - FRIDAY: 8:00 AM - 4:30 PM OR SATURDAY: 8:30 AM - 4:30 PM

CITY CODE OFFICER IS DISPATCHED TO
PROPERTY. DEPENDING ON SITUATION,
LOCAL CONTACT MAY BE CALLED**

CITY CODE COMPLIANCE ANSWERS

THE CALL AND GATHERS COMPLAINT

AND PROPERTY INFORMATION FROM
CALLER*

HOTLINE VENDOR ANSWERS CALL AND

GATHERS COMPLAINT AND PROPERTY

INFORMATION FROM CALLER

HOTLINE VENDOR CONTACTS LOCAL

CONTACT ON FILE FOR STVR PROPERTY

TO ADDRESS COMPLAINT OR SHERIFF'S

DEPARTMENT IF NEEDED
HOTLINE CALLS AFTER-HOURS:

MONDAY - FRIDAY: 4:30 PM - 8:00 AM OR SUNDAY - MONDAY: 2:00 AM - 8:00 AM (MONDAY)

CALL TO HOTLINE IS

RECEIVED

CALL TO HOTLINE IS

RECEIVED
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MILES AVE

FRED WARING DR

AVENIDA BERMUDAS

CALLE TECATE

AIRPORT BLV
CALLE

TAMPICO
CALLE

DURANGO

MONROE ST

WASHINGTON ST
58TH AVE
50TH AVE

MADISON ST
48TH AVE

AVENIDA CARRANZA

EISENHOWER DR
SH-111

JEFFERSON ST
52ND AVE
54TH AVE

JEFFERSON ST JEFFERSON ST
50TH AVE
10 11
7 4
1 3
2 9
8 6
5 12
13 ¯
0 1 2
Miles
STVR Exempt Areas
City Boundary
STVR Exempt Zone
STVR Exempt Zone -
HOA Approval Required
North La Quinta
Cove
Mid La Quinta
South La Quinta

EISENHOWER
DR

STVR ZONES
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FINANCIAL ADVISORY COMMISSION MINUTES Page 1 of 4 AUGUST 9, 2023

FINANCIAL ADVISORY COMMISSION

MINUTES
WEDNESDAY AUGUST 9, 2023

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

PRESENT: Commissioners Anderson, Batavick, Dorsey, Mast, Way, and Chair Mills ABSENT: Commissioner Luettjohann
STAFF PRESENT: Finance Director Martinez, Principal Management Analyst Hallick, Finance Technician Batuta, Administrative Technician Delgado, and Finance Manager Ortega

PLEDGE OF ALLEGIANCE
Commissioner Way 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 JUNE 7, 2023

2. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED MAY 31, 2023
CONSENT CALENDAR ITEM NO. 2 – Discussion
The Commission and staff discussed the Non-General Fund County Government Tax Revenue for Debt Service listed in the amount of $15,001,818 under top five revenue/income sources for May, on page 2 of the staff report.

Motion – A motion was made and seconded by Commissioners Batavick/Dorsey to approve the Consent Calendar, as submitted. Motion passed: ayes – 6, noes – 0, abstain – 0, absent – 1 (Luettjohann).

REPORTS AND INFORMATIONAL ITEM NO. 27
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FINANCIAL ADVISORY COMMISSION MINUTES Page 2 of 4 AUGUST 9, 2023

BUSINESS SESSION

1. RECEIVE AND FILE THE ANNUAL COMPREHENSIVE FINANCIAL REPORT (ACFR) FOR THE YEAR ENDED JUNE 30, 2022
Finance Director Martinez and Finance Manager Ortega presented the staff report, which is on file in the Finance Department.

The Commission discussed the SilverRock’s (SRR) major infrastructure investments; SRR general improvements and operating costs; and preparing a Popular Financial Report, which is a condensed summary of the ACFR.

Senior Manager Lauryn Stapleton with Eide Bailly, LLC (EB), auditing firm for the City – provided an overview of EB's audit purview and scope, noted that the auditors provided an unmodified opinion, which is the highest level; and explained and new Governmental Accounting Standard Board (GASB) provisions pertaining to GASB No. 87, Leases, found in Note 1 to the financial statements on page 44 of the ACFR.

The Commission inquired about the timeline for completing the ACFR. Staff said that the standard reporting requirement is six months from the end of the fiscal year and that due to new implementations required by GASB and turnover in staff, staff has requested an extension in the two prior fiscal years.

The Commission inquired if there have been any inquiries from the public on the ACFR.

Staff said none were received; staff encourages public comment and feedback on the ACFR.

Discussion followed on the City’s internal controls over financial reporting that was identified for accounting entry adjustments.

Motion – A motion was made and seconded by Commissioners Dorsey/Way to receive and file the Annual Comprehensive Financial Report for the year ended June 30, 2022, as submitted. Motion passed: ayes – 6, noes – 0, abstain – 0, absent – 1 (Luettjohann).

2. APPOINT FINANCIAL ADVISORY COMMISSIONER CHAIRPERSON AND VICE-CHAIRPERSON FOR FISCAL YEAR 2023/24
Finance Director Martinez presented the staff report, which is on file in the Finance Department.

Chair Mills nominated Commissioners Dorsey and Anderson for Chairperson and ViceChairperson, respectively, and took a roll call vote.

Motion – A motion was made and seconded by Commissioners Way/Mast to appoint Commissioners Dorsey and Anderson to serve as Chairperson and Vice-Chairperson, 204 CLICK HERE to Return to Agenda
FINANCIAL ADVISORY COMMISSION MINUTES Page 3 of 4 AUGUST 9, 2023 respectively, for fiscal year 2023/24. Motion passed: ayes – 6, noes – 0, abstain – 0, absent – 1 (Luettjohann).

3. APPOINT TWO FINANCIAL ADVISORY COMMISSIONERS TO REVIEW RESPONSES TO THE CITY’S REQUEST FOR PROPOSALS (RFP) FOR

AUDITING SERVICES
Finance Director Martinez presented the staff report, which is on file in the Finance Department.

The Commission and staff discussed the RFP review details and timeline.

Commissioners Dorsey and Anderson expressed their willingness to participate on the subcommittee for the review of RFP responses for auditing services.

Motion – A motion was made and seconded by Commissioners Way/Batavick to appoint Commissioners Dorsey and Anderson to serve on the subcommittee to review responses to the City’s request for proposal for auditing services. Motion passed: ayes – 6, noes – 0, abstain – 0, absent – 1 (Luettjohann).

4. RECEIVE AND FILE FOURTH QUARTER FISCAL YEAR 2022/23 TREASURY REPORTS FOR APRIL, MAY, AND JUNE 2023
Principal Management Analyst Hallick presented the staff report, which is on file in the Finance Department.

The Commission and staff discussed staff time involved in managing investment funds, staff’s treasury knowledge and experience; and structure and process for purchasing new investments.

Motion – A motion was made and seconded by Commissioners Mast/Anderson to receive and file the fourth quarter fiscal year 2022/23 treasury reports for April, May, and June, 2023. Motion passed: ayes – 6, noes – 0, abstain – 0, absent – 1 (Luettjohann).

Principal Management Analyst Hallick asked the Commission if they would like to continue to have the quarterly treasury report presented as a business item as it is usually presented as a consent calendar item. The Commission concurred.

STUDY SESSION

1. DISCUSS THE CITY’S OUTSTANDING PENSION OBLIGATIONS
Finance Director Martinez and City Consultant, Dan Matusiewicz, Senior Public Finance Consultant with GovInvest, presented the staff report, which is on file in the Finance Department.
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FINANCIAL ADVISORY COMMISSION MINUTES Page 4 of 4 AUGUST 9, 2023 Mr. Matusiewicz and the Commission discussed interest savings cost for 2021, 2022, and 2023 valuation years; non-liquid CalPERS holding allocations; and CalPERS actuarial assumptions and investment returns.

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

1. FINANCE DEPARTMENT CURRENT AND FUTURE INITIATIVES
Finance Director Martinez provided an update on current and upcoming Finance Department projects. She announced that Executive Director Tom Kirk of the Coachella Valley Association of Governments (CVAG) will provide the Commission with an update on the CV Link Arts and Music Line project at a special Commission meeting on October 4 th, 2023.

2. FIRST QUARTER 2023 (JANUARY-MARCH) SALES TAX UPDATE FOR THE

CITY OF LA QUINTA
Chair Dorsey inquired if City consultant HDL Companies (HDL) shared sales tax data from other cities. Principal Management Analyst Hallick said that HDL cannot share other cities sales tax data as it is considered private data.

COMMISSIONERS’ ITEMS – None

ADJOURNMENT
There being no further business, it was moved and seconded by Commissioner Dorsey/Mast to adjourn this meeting at 6:03 p.m. Motion passed: ayes – 6, noes – 0, abstain – 0, absent – 1 (Luettjohann).

Respectfully submitted,
Jessica Delgado, Administrative Technician/Commission Secretary City of La Quinta, California
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PLANNING COMMISSION MINUTES Page 1 of 7 JUNE 27, 2023

PLANNING COMMISSION

MINUTES
TUESDAY, JUNE 27, 2023

CALL TO ORDER
A regular meeting of the La Quinta Planning Commission (Commission) was called to order at 5:00 p.m. by Chairperson Currie.

PRESENT: Commissioners Guerrero, Hassett, McCune, Nieto, Tyerman, and Chairperson Currie
ABSENT: Commissioner Caldwell
STAFF PRESENT: Design & Development Director Danny Castro, Public Works Director/City Engineer Bryan McKinney, Planning Manager Cheri L.

Flores, Associate Planner Siji Fernandez, Commission Secretary Tania Flores, and City Attorney Bill Ihrke.

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

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None.

CONFIRMATION OF AGENDA
MOTION – A motion was made and seconded by Commissioners Hassett/Tyerman to confirm the Agenda as published. Motion passed unanimously.

ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATION – None.

CONSENT CALENDAR – None.

STUDY SESSION – None.

PUBLIC HEARINGS

1. CONTINUED FROM MARCH 28, 2023 – CONSIDER RESOLUTIONS

RECOMMENDING CITY COUNCIL APPROVAL OF GENERAL PLAN
AMENDMENT 2022-0002, SPECIFIC PLAN 2022-0001, AND SITE DEVELOPMENT PERMIT 2022-0001 FOR A 252-UNIT APARTMENT PROJECT, LA QUINTA VILLAGE APARTMENTS; CEQA: DESIGN AND DEVELOPMENT DEPARTMENTS PREPARED A MITIGATED NEGATIVE DECLARATION (EA2022-0001) REPORTS AND INFORMATIONAL ITEM NO. 28
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PLANNING COMMISSION MINUTES Page 2 of 7 JUNE 27, 2023
CONSISTENT WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; LOCATION: NORTHEAST CORNER OF WASHINGTON STREET AND AVENUE 50

COMMISSIONER NIETO RECUSED HIMSELF FROM DISCUSSION AND VOTE ON PUBLIC HEARING ITEM NO. 1, DUE TO A POTENTIAL CONFLICT OF INTEREST

STEMMING FROM A BUSINESS RELATIONSHIP, AS THE ALTUM GROUP, A CONSULTANT FOR THE PROPOSED PROJECT, IS HIS EMPLOYER; AND WAS

EXCUSED FROM THE REMAINDER OF THE MEETING AS THIS WAS THE ONLY ITEM FOR COMMISSION CONSIDERATION ON THE AGENDA; COMMISSIONER NIETO LEFT THE MEETING AT 5:04 P.M.

DECLARATIONS REGARDING COMMISSION PUBLIC CONTACT – Commissioner McCune said he met with the applicant, at a private residence, regarding an unrelated project in which he did not have any contractual or financial obligations to the applicant.

Commissioner Tyerman reported that he attended a public community meeting regarding the project.

Planning Manager Flores presented the staff report which is on file in the Design and Development Department.

City Attorney Ihrke provided information regarding California Law and La Quinta Municipal Code procedures and processes for land use applications; cited information from City Council Resolution 2022-028 relating to rules and decorum for public meetings.

Staff answered questions regarding the various traffic concerns including the analysis at Moon River Drive and current deficiency at that intersection, original traffic study compared to recent analysis, pedestrian and bicyclist activity analyses, line-of-sight at exit from development, traffic pattern changes and additional U-turn analysis, use of raised medians to prevent illegal turns into development, and special event traffic congestion; maximum structure height at image corridor, line-of-sight to 3-story buildings for existing neighbors, and undergrounding of existing power lines and poles; original Environmental Assessment compared to currently proposed project, noise levels, standards, and mapping, re-allocation of low- and very-low income housing, and density bonus standards; roadway improvements including widening, sidewalks, and bicycle lanes; and school capacity and availability.

PUBLIC SPEAKER: Applicant, Greg Irwin, Partner and Principal of Irwin Partners Architects, introduced himself, presented a video rendering of the proposed development, and provided a brief overview of the changes made from previous presentation, including the quantity and location of 3-story buildings, a reduction in market-rate units and increase in moderate-income units, and removal of Zone Change request; increased parking and addition of parking regulations using permits and security monitoring, and valet and shuttle service for special events; updated desert style architectural features and color palettes and the addition of a “tot lot” playground area. He outlined off-site improvements, including upgrades to the Imperial Irrigation District (IID) Marshal Substation, Avenue 50 road widening and addition of sidewalk and bicycle lanes, and deceleration lanes and bus 208 CLICK HERE to Return to Agenda
PLANNING COMMISSION MINUTES Page 3 of 7 JUNE 27, 2023
turnout and shelter relocation. Mr. Irwin answered Commission questions regarding perimeter fencing, onsite management and security, and elevator requirements; parking regulations and enforcement and garage counts, uses, Americans with Disability Act (ADA) accessibility, locations, setbacks, landscaping, and elevations; communications with IID regarding upgrades to the Marshal Substation and current capacity and shortages, undergrounding existing power lines and poles, and electric vehicle charging stations; tot lot playground equipment and retention basin location and landscaping; and affordable housing requirements and stated that the units were not intended for shortterm vacation rentals.

PUBLIC SPEAKER: Applicant’s Traffic Engineer, George Ghossain, Principal Engineer at Integrated Engineering Group, provided information and answered Commission questions regarding current and proposed traffic patterns and the ability to modify signals based on needs; and traffic analysis including trip generation, anticipated U-turns, and ingress and egress from the development.

Public Works Director/City Engineer McKinney confirmed the City’s Traffic Engineering Consultant reviewed the traffic analysis prepared by the Applicant and agreed with the results and methodology used for reporting; answered questions regarding planned medians near the development entrances on Washington Street and Avenue 50; and highlighted other projects with similar traffic patterns.

CHAIRPERSON CURRIE CALLED FOR A BRIEF RECESS AT 6:40 P.M.

CHAIRPERSON CURRIE RECONVENED THE PLANNING COMMISSION MEETING AT 6:59 P.M. WITH COMMISSIONERS GUERRERO, HASSETT, McCUNE, AND

TYERMAN PRESENT
Commission Secretary Flores reported that 32 letters in opposition to the project were received after the publication of the agenda which were forwarded to the Planning Commission and would be included in the final agenda packet record of the meeting; two letters in opposition to the project were received after the deadline for public comment and would also be included in the final agenda packet record of the meeting; 13 written comments in opposition were submitted at the meeting, but had declined to speak, and would be included in the final record of the meeting.

PUBLIC SPEAKER: Richard Gray, La Quinta – opposed the project due to safety concerns with pickleball court location; traffic safety impacts; lack of pedestrian doors on the garages, electric vehicle charging and solar panels, and elevators for 3-story buildings; and rainwater surface drainage not diverting to the Whitewater wash.

PUBLIC SPEAKER: Thomas Emison, La Quinta (received donated time from Kolby Emison) – opposed the project due to reduced setbacks and building height for garages located at the North side; and traffic patterns and vehicle safety. 209 CLICK HERE to Return to Agenda
PLANNING COMMISSION MINUTES Page 4 of 7 JUNE 27, 2023
PUBLIC SPEAKER: Angie Lafferty, La Quinta – opposed the project due to traffic patterns and vehicle safety; increased light pollution; additional service and commercial vehicles creating increased carbon and pollution; local weather being too hot for public transit shelters with no tree cover; negative impact to views; the development’s heat island effect; lack of water conservation and electrical grid impacts; and lack of elevators for 3- story buildings.

PUBLIC SPEAKER: Robert Lang, La Quinta – opposed the project due to density increase; affordable housing component creating risk of increased crime; the project’s inconsistency with surrounding communities; and the general disapproval of residents from the neighboring communities.

PUBLIC SPEAKER: Kristen Dolan, La Quinta – opposed the project due to inconsistency with community; undesirable architecture; 3-story building heights; lack of story poles for residents to have visual representations; unknown IID substation funding; possibility of overflow parking leaking into north neighborhood; expressed lack of confidence in the developer and stated that the project’s website was never fully developed; traffic safety concerns; and lack of elevators for ADA and emergency medical aid.

PUBLIC SPEAKER: Joseph Scaccia, La Quinta – opposed the project due to traffic patterns and safety concerns at U-turn at Avenue 50/Moon River Drive and Washington Street/Avenue 50 intersections; entrances requiring key card causing stacking concerns; need for additional roadway improvements including raised medians and deceleration lanes; light and noise pollution; 3-story buildings being inconsistent with neighboring communities; and the Developer’s questionable reputation, Better Business Bureau accreditation, and history of development in Oregon.

PUBLIC SPEAKER: Keith Meyer, President of Duna La Quinta Homeowners Association and La Quinta resident – stated he is also a Registered Traffic Engineer and opposed the project due vitality, safety, and cohesiveness to the existing community; project site not being a good location for auto intensive or transit dependent development with lack of nearby employment opportunities and infrequent bus transit; development ingress and egress causing U-turns at disallowed locations; traffic study missing times of analysis and bicycle and pedestrian analysis; and use of density bonus to exceed the City’s maximum density for this zone.

PUBLIC SPEAKER: Brian Flath, La Quinta – opposed the project due to negative visuals, sounds, and smells of apartment living; reduced setbacks and location of garbage receptacles; landscaping between garages and walls; ADA elevator requirements not being met; traffic pattern adjustments would be needed at Washington Street and Sagebrush Avenue due to increased traffic.

PUBLIC SPEAKER: Brian Thomas, La Quinta – opposed the project due to traffic safety concerns at Washington Street entrance; garage height at north wall; lack of general community support and outreach; and school zone safety and increased U-turn activity. 210 CLICK HERE to Return to Agenda
PLANNING COMMISSION MINUTES Page 5 of 7 JUNE 27, 2023
PUBLIC SPEAKER: Kevin White, La Quinta – opposed to the project due to architectural inconsistency with surrounding community; negative traffic impacts; school safety concerns; building heights; lack of elevators; and general lack of community support.

PUBLIC SPEAKER: George Christopher, former IID Energy Consumers Advisory Committee representative and La Quinta resident – expressed support for the project due to IID Marshall Substation improvements; cited locations of other local developments with 3-story buildings and modern design architecture; complimented the Commission and staff for providing community access to information; and stated that all developments would increase traffic, but that development is needed.

PUBLIC SPEAKER: Dante Gomez, President of Parc La Quinta Homeowners Association and La Quinta resident (received donated time from Elisa Martin) – introduced his daughters, Sasha (not present) and Penelope who are students at La Quinta Middle School which is nearby the proposed development; opposed the project due to lack of community notification and outreach by the developer and City Staff; negative impacts to quality of life of surrounding residents; building heights; traffic impacts; development aesthetics; lack of parking; pedestrian, bicycle, and child safety concerns; lack of elevators; overcrowding of neighboring elementary and middle schools; current and increased parking and traffic issues; and apartment units not being desirable at the proposed pricing.

PUBLIC SPEAKER: Bill Walker, former Riverside County Sheriff’s Department and La Quinta resident – opposed the project due to building stories and heights; higher density apartment complex being inconsistent with neighboring communities; low-income and government housing requiring increased emergency and police services; lack of Sheriff’s Department impact statement; and traffic patterns and crime and safety concerns.

PUBLIC SPEAKER: Ana Esquivel, La Quinta – opposed the project due to traffic safety concerns; requested speed limit study at project site; ADA elevator requirements; affordable housing component relocation; lack of sufficient parking for guests; and garage and storage space concerns.

Applicant answered public concerns regarding ADA unit counts, assigned parking and elevator requirements; garage locations, dimensions and heights; solar panel installment; comparisons with previously approved project entitlements; IID Marshal Substation upgrades; government and Section 8 housing accessibility; traffic patterns and analysis; noise and lighting code compliance; building code compliance and building permit processes; stacking at entrances; U-turn analysis; Sheriff’s project review; pedestrian access for garage doors;
CHAIRPERSON CURRIE DECLARED THE PUBLIC HEARING CLOSED AT 8:13 P.M.

Commission discussion and comments followed regarding accommodations and changes made by the developer to comply with direction received by the Commission; traffic and school zone safety; U-turn access at major cross streets; addition of raised 211 CLICK HERE to Return to Agenda
PLANNING COMMISSION MINUTES Page 6 of 7 JUNE 27, 2023
medians to prevent illegal lane crossings and entrances; density, inconsistency, and negative impacts to surrounding communities; strain on city services and utilities; pollution and decrease of urban open space and lack of value to the City; garages and setbacks; future city planning and development; housing needs; and zone compatibility.

City Attorney Ihrke provided a breakdown of the items for consideration and vote, and the process and requirements for the motions presented.

MOTION – A motion was made and seconded by Commissioners Guerrero/Hassett to adopt Planning Commission Resolution No. 2022-013, to recommend City Council adopt a Mitigated Negative Declaration for Environmental Assessment 2022-0001, as recommended:

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA

QUINTA, CALIFORNIA, RECOMMENDING CITY COUNCIL ADOPT A
MITIGATED NEGATIVE DECLARATION FOR A 252-UNIT APARTMENT

PROJECT LOCATED AT THE NORTHEAST CORNER OF WASHINGTON
STREET AND AVENUE 50
CASE NUMBER: ENVIRONMENTAL ASSESSMENT 2022-0001
APPLICANT: IRWIN PARTNERS
Motion passed: ayes – 4, noes – 1 (Currie), absent – 2 (Caldwell, Nieto), abstain – 0.

MOTION – A motion was made and seconded by Commissioners Hassett/ McCune adopt a Planning Commission Resolution to recommend City Council approve GPA2022-0002, SP2022-0001 (SP2004-071, Amendment 2), and SDP2022-0001, as recommended:

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA

QUINTA, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL

APPROVE A GENERAL PLAN AMENDMENT, SPECIFIC PLAN AMENDMENT,

AND SITE DEVELOPMENT PERMIT TO ALLOW THE DEVELOPMENT OF A 252-UNIT APARTMENT PROJECT LOCATED ON THE NORTHEAST CORNER OF WASHINGTON STREET AND AVENUE 50
CASE NUMBERS: GENERAL PLAN AMENDMENT 2022-0002; SPECIFIC PLAN 2022-0001 (SP 2004-071, AMENDMENT 2); SITE DEVELOPMENT PERMIT 2022-0001
APPLICANT: IRWIN PARTNERS ARCHITECTS
Motion failed due to lack of majority vote of total Planning Commission membership (motion required a minimum of four affirmatives votes): ayes – 3, noes – 2 (Currie, Tyerman), absent – 2 (Caldwell, Nieto), abstain – 0.

CITY ATTORNEY IHRKE REQUESTED A BRIEF RECESS TO DISCUSS POSSIBLE NEXT STEPS FOR THIS ITEM. CHAIRPERSON CURRIE CALLED FOR A BRIEF RECESS AT 8:30 P.M.

CHAIRPERSON CURRIE RECONVENED THE PLANNING COMMISSION MEETING AT 8:32 P.M. WITH COMMISSIONERS GUERRERO, HASSETT, McCUNE, AND

TYERMAN PRESENT
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PLANNING COMMISSION MINUTES Page 7 of 7 JUNE 27, 2023
City Attorney Ihrke provided an explanation of the results of the vote and the operations of law requiring the item to move forward to Council with the minutes to reflect the outcome of the vote for recommendation of approval of the MND but no recommendation for the General Plan Amendment, Specific Plan Amendment, or Site Development Plan.

STAFF ITEMS
Planning Manager Flores announced Chairperson Currie’s retirement from the Commission, thanked her for her service, and wished her well in future endeavors; and announced the planned Special Joint Meeting of the City Council and Planning Commission regarding the Highway 111 Corridor Area Plan tentatively scheduled for July 19, 2023.

COMMISSIONER ITEMS – None.

ADJOURNMENT
There being no further business, a motion was made and seconded by Commissioners Hassett/Tyerman to adjourn at 8:35 p.m. Motion passed: ayes – 5, noes – 0, absent – 2 (Caldwell, Nieto), abstain – 0.

Respectfully submitted,
TANIA FLORES, Commission Secretary
City of La Quinta, California
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PLANNING COMMISSION MINUTES Page 1 of 6 AUGUST 22, 2023

PLANNING COMMISSION

MINUTES
TUESDAY, AUGUST 22, 2023

CALL TO ORDER
A regular meeting of the La Quinta Planning Commission (Commission) was called to order at 5:00 p.m. by Vice Chairperson McCune.

PRESENT: Commissioners Guerrero, Hassett, Hernandez, Nieto, Tyerman, and Vice Chairperson McCune
ABSENT: Commissioner Caldwell
STAFF PRESENT: Design & Development Director Danny Castro, Planning Manager Cheri L. Flores, and Commission Secretary Tania Flores

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

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None.

CONFIRMATION OF AGENDA
MOTION – A motion was made and seconded by Commissioners Hassett/Guerrero to confirm the Agenda as published. Motion passed: ayes – 6, noes – 0, absent – 1 (Caldwell), abstain – 0.

ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATION

1. WELCOME NEWLY APPOINTED COMMISSIONER HERNANDEZ
Vice Chairperson McCune introduced and welcomed newly appointed Commissioner Hernandez who provided a brief summary of his experience and qualifications.

CONSENT CALENDAR

1. APPROVE MEETING MINUTES OF JUNE 13, 2023
MOTION – A motion was made and seconded by Commissioners Guererro/Hassett to approve the Consent Calendar as published. Motion passed: ayes – 5, noes – 0, absent – 1 (Caldwell), abstain – 1 (Hernandez).

REPORTS AND INFORMATIONAL ITEM NO. 29 215 CLICK HERE to Return to Agenda PLANNING COMMISSION MINUTES Page 2 of 6 AUGUST 22, 2023 Commissioner Hernandez abstained from voting on the Consent Calendar due to not being appointed to the Commission or present for the meeting for which the minutes were drafted.

BUSINESS SESSION

1. APPOINT A PLANNING COMMISSION CHAIRPERSON AND VICE
CHAIRPERSON FOR FISCAL YEAR 2023/24
The Commission waived presentation of the staff report, which is on file in the Design and Development Department.

Vice Chairperson McCune asked for nominations for the position of Commission Chairperson. A motion was made and seconded by Commissioners Tyerman/Guerrero to nominate Vice Chairperson McCune as Chairperson for the fiscal year 2023/24; Vice Chairperson McCune did not accept the nomination, and instead made a motion to nominate Commissioner Nieto for Chairperson for fiscal year 2023/24 which was seconded by Commissioner Hassett.

MOTION – A motion was made and seconded by Vice Chairperson McCune/Commissioner Hassett to appoint Commissioner Nieto to serve as Commission Chairperson for fiscal year 2023/24. Motion passed: ayes – 6, noes – 0, absent – 1 (Caldwell), abstain – 0.

Vice Chairperson McCune asked for nominations for the position of Commission Vice Chairperson.

MOTION – A motion was made and seconded by Vice Chairperson McCune/Commissioner Nieto to appoint Commissioner Hassett to serve as Planning Commission Vice Chairperson for fiscal year 2023/24. Motion passed: ayes – 6, noes – 0, absent – 1 (Caldwell), abstain – 0.

NEWLY APPOINTED CHAIRPERSON NIETO ASSUMED PRESIDING OFFICER DUTIES FROM COMMISSIONER McCUNE FOR THE REMAINDER OF THE

MEETING
STUDY SESSION – None.

PUBLIC HEARINGS

1. CONSIDER ADOPTING RESOLUTIONS TO: 1) ADOPT A MITIGATED NEGATIVE DECLARATION, AND 2) APPROVE TENTATIVE PARCEL MAP 2023-0001 (TPM38668), MINOR USE PERMIT 2023-0001, SITE DEVELOPMENT PERMIT 2023-0003, AND MINOR ADJUSTMENT 2023-0001 FOR A MIXED USE PROJECT CONSISTING OF TWO COMMERCIAL BUILDINGS AND UP TO 180 APARTMENT UNITS; PROJECT: DUNE PALMS MIXED USE PROJECT; CEQA: DESIGN AND 216 CLICK HERE to Return to Agenda
PLANNING COMMISSION MINUTES Page 3 of 6 AUGUST 22, 2023

DEVELOPMENT DEPARTMENT PREPARED A MITIGATED NEGATIVE
DECLARATION (EA2023-0001) CONSISTENT WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; LOCATION: NORTHEAST CORNER OF HIGHWAY 111 AND DUNE PALMS ROAD
DECLARATIONS REGARDING COMMISSION PUBLIC CONTACT – Chairperson Nieto said he met with the applicant in October of 2022 to discuss the project scope and has not had any further contact and has no conflict.

Planning Manager Flores presented the staff report which is on file in the Design and Development Department.

Staff answered questions regarding the request for height adjustment and Minor Use Permit; underground and landscape retention; project consistency with the Highway 111 Corridor Area Plan; future residential project site in relation to the City’s Housing Element; current and future ownership of the individual parcels; timeline for development of each component; zoning and drive-through limitations and/or restrictions in the Highway 111 Corridor Area; parking space requirements; roadway connectivity, off-site improvements, and projected changes to the traffic patterns; and water availability, sustainability, and usage calculations.

CHAIRPERSON NIETO DECLARED THE PUBLIC HEARING OPEN AT 5:35 P.M.

Commission Secretary Flores said that one written public comment was received in opposition to the project, which had been distributed to the Commission prior to the meeting and would be included in the final record of the meeting.

PUBLIC SPEAKER: Applicant, Jeff Halbert, President of Blackpoint Properties, introduced himself and answered questions regarding architectural and landscape design of both commercial sites; Highway 111 Corridor Plan consistency, positioning and alignment of each building on the project site, and utilization of existing roadways; parking lot design, analysis, and calculations for Chick-fil-A site; Quick Quack Car Wash (Quick Quack) architectural design; vacuum and parking stall analysis and calculations; and storm and roadway water overflow, site drainage, and retention basins.

PUBLIC SPEAKER: Project California Environmental Quality Act (CEQA) Consultants Kelly Clark and Dominique Camps of Terra Nova Planning and Research, Inc. answered questions regarding the noise analysis and calculations; water usage analysis and calculations (particularly for the Quick Quack usage); and noise mitigation of landscape and perimeter walls.

PUBLIC SPEAKER: Jason Sims-Prewitt, Director of Operations for Quick Quack Car Wash, provided additional information regarding water use and the recycling process; difference of architecture, landscape, and equipment of the proposed site as compared to existing sites; noise reduction efforts and noise leaking in the surrounding area; and history of Quick Quack closures and company stability and viability. 217 CLICK HERE to Return to Agenda
PLANNING COMMISSION MINUTES Page 4 of 6 AUGUST 22, 2023 PUBLIC SPEAKER: Kelsey Wu, Senior Manager for Chick-fil-A, introduced herself and provided additional information regarding increased parking standards assessed by Chick-fil-A; increased landscaping and shading within the parking lot; inside and outside seating calculations; architecture design features; and site ownership, site management, and other local locations.

CHAIRPERSON NIETO DECLARED THE PUBLIC HEARING CLOSED AT 6:15 P.M.

The Commission expressed appreciation for the applicant’s consideration to architecture and design consistency with the City’s character and the Highway 111 Corridor and expressed support for the mixed-use aspect of the project; commented on future planning needs considering the Highway 111 Corridor plan, housing site at the north, and pedestrian circulation in the area, and pedestrian walkway connectivity to CV Link and Highway 111; suggested additional landscaping changes, including increasing landscape wall height and adding berming and artificial mounding along perimeter wall, widening sidewalks and adding additional trees for shading to encourage pedestrian use, additional landscaping elements at Quick Quack site exit, and reduction in parking to allow additional shading through landscape features; expressed concerns regarding lack of architectural style at the south elevation on Chick-fil-A site; landscape maintenance and upkeep for necessary shading and aesthetics through the parking lot and connecting sidewalks; and overflow from lane stacking.

CHAIRPERSON NIETO DECLARED THE PUBLIC HEARING RE-OPENED AT 6:40 P.M.

PUBLIC SPEAKER: Mr. Halbert provided additional information regarding site plans, changes made to comply with City code requirements, feasibility of moving different components of the project; proposed suggestions to change the architectural and landscape design design and increase shading along connecting sidewalk based on the Commission’s comments; architectural design of Chick-fil-A south elevation; and expressed willingness to work with Staff to make recommended adjustments while remaining compliant with City code.

PUBLIC SPEAKER: Ms. Wu discussed parking lot and space design and Chick-fil-A parking requirements; use of additional canopy shading and increasing proposed landscape features versus a reduction in parking spaces; difficulty in making changes to south elevation design and rooflines due to fire code compliance and restrictions; and stacking projections and analysis.

CHAIRPERSON NIETO DECLARED THE PUBLIC HEARING CLOSED AT 7:00 P.M.

Commission discussion followed regarding changes connecting sidewalk and landscaping to provide additional shading for pedestrian walkability; changes to perimeter landscaping including increasing wall height and additional artificial mounding and berming to camouflage vehicle drive and stacking; additional architectural enhancements 218 CLICK HERE to Return to Agenda
PLANNING COMMISSION MINUTES Page 5 of 6 AUGUST 22, 2023 at the Chick-fil-A south elevation; and changes to parking lot plans to allow for increased shading through landscape changes and improvements.

MOTION – A motion was made and seconded by Commissioner Hassett/Guerrero to adopt Planning Commission Resolution No. 2023-014 as recommended:

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA

QUINTA, CALIFORNIA, TO ADOPT A MITIGATED NEGATIVE DECLARATION FOR A MIXED USE PROJECT INCLUDING A 4, 778 SF CHICK-FIL-A, 3,596 SF QUICK QUUACK CAR WASH, AND UP TO 180 RESIDENTIAL UNITS LOCATED AT THE NORTHEAST CORNER OF HIGHWAY 111 AND DUNE PALMS ROAD CASE NUMBER: ENVIRONMENTAL ASSESSMENT 2023-0001
APPLICANT: BLACKPOINT PROPERTIES
Motion passed: ayes – 6, noes – 0, absent – 1 (Caldwell), abstain – 0.

MOTION – A motion was made and seconded by Chairperson Nieto/Commissioner Guerrero to adopt Planning Commission Resolution No. 2023-015 as amended adding Conditions of Approval to enhance architectural features of the Chick-fil-A south elevation, making changes to the perimeter landscape plans to include increased wall height and adding berming and mounding along Highway 111 frontage, adding shade trees staggered on either side of the sidewalk between the two commercial parcels, making changes to parking lot landscape design to enhance shading and reduce asphalt in the Chick-fil-A parking lot, as discussed.

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA

QUINTA, CALIFORNIA, TO APPROVE A TENTATIVE PARCEL MAP, MINOR

USE PERMIT, SITE DEVELOPMENT PERMIT, AND A MINOR ADJUSTMENT FOR A MIXED USE PROJECT INCLUDING A 4,778 SF CHICK-FIL-A, 3,596 SF QUICK QUACK CAR WASH AND UP TO 180 RESIDENTIAL UNITS LOCATED AT THE NORTHEAST CORNER OF HIGHWAY 111 AND DUNE PALMS ROAD CASE NUMBERS: TENTATIVE PARCEL MAP 2023-0001 (TPM 38668); MINOR USE PERMIT 2023-0001; SITE DEVELOPMENT PERMIT 2023-0003; MINOR ADJUSTMENT 2023-0001
APPLICANT: BLACKPOINT PROPERTIES
Motion passed: ayes – 6, noes – 0, absent – 1 (Caldwell), abstain – 0.

STAFF ITEMS
Planning Manager Flores provided general project updates, including information on the upcoming Special Joint Meeting of the City Council and Planning Commission regarding the Highway 111 Corridor Area Plan scheduled for September 26, 2023; status of previously considered or approved projects including La Quinta Village Apartments, La Villetta, Jefferson Square Apartments, and Desert Club Apartments; upcoming projects including Hampton Inn and Travertine residential development; commercial projects currently under construction including Stuft Pizza patio upgrades and Longhorn Steakhouse; and residential developments currently under construction or near completion including Point Happy, Piazza Serena, SolTerra, Palo Verde, and Stone Creek.
219 CLICK HERE to Return to Agenda
PLANNING COMMISSION MINUTES Page 6 of 6 AUGUST 22, 2023

COMMISSIONER ITEMS
The Commission expressed appreciation for Staff and First Responders in their public outreach and communication and their continuing cleanup efforts after the recent storm and flooding caused by Hurricane Hilary; and complimented the City on flood prevention projects implemented since the last major storm and flooding in 2014.

ADJOURNMENT
There being no further business, a motion was made and seconded by Vice Chairperson Hassett/Chairperson Nieto to adjourn this meeting at 7:41 p.m. Motion passed: ayes – 6, noes – 0, absent – 1 (Caldwell), abstain – 0.

Respectfully submitted,
TANIA FLORES, Commission Secretary
City of La Quinta, California
220 CLICK HERE to Return to Agenda

WRITTEN
PUBLIC

COMMENT

CITY COUNCIL

MEETING
OCTOBER 17, 2023
1 From: [email protected] <[email protected]> Sent: Tuesday, October 17, 2023 12:02 PM
To: Council <[email protected]>
Cc: [email protected]
Subject: for todays meeting
** EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. ** Comment for todays council meeƟng:

The city just opened a magnificent bocce ball court, which is far above and beyond what a group of weekly bocce ballers had hoped for.Bravo! I would like to suggest the courts be named for our 100-year old bocce veteran and La Quinta Cove long Ɵme resident, Evie Gibson. She is the dean of city bocce ballers, and the choice would make sense as this is the first public court available in the city.

Thanks for you consideraƟon
John spano 310-498-1718
You don't often get email from [email protected]. Learn why this is important CITY COUNCIL MEETING - OCTOBER 17, 2023 - WRITTEN PUBLIC COMMENTS BY RESIDENT JOHN SPANO

MATTERS NOT ON THE AGENDA - NEWLY OPENED BOCCE BALL COURTS 1 From: Claudia Snyder <[email protected]>
Sent: Tuesday, October 17, 2023 8:45 AM
To: City Clerk Mail; Monika Radeva
Cc: Jon McMillen
Subject: WRITTEN COMMENTS - Claudia Snyder of Highland Palms - STVR Permit ("Dupont Estate") Attachments: Rape Audio.mp4
** EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. ** The following email was sent to City Manager, Jon McMillen, on October 10, 2023 in response to the missing STVR Permit listing for the "Dupont Estate" on the City's weekly listing of active STVR permits. The City stated that the STVR permit was not listed as it is on "hold" pending verification of a noise monitoring system. We asked for clarification regarding that "hold" and are still awaiting the City's reply. Please note that I am including an audio clip of the Sept 16, 2023 incident involving the Daniels's tenant who alleges they drugged and sexually assaulted her for any City Council members who may not be aware of the matter.

Mr. McMillen:

We have reviewed the list of active STVR permits for the City of La Quinta which, per the City's website, is current as of October 6, 2023 and contains all 1,228 Active STVR Permits and 2 Active, but currently Suspended STVR Permits.

Our neighbor asked the following questions about the permit for the Dupont Estate and you replied as follows in red:
 Has the STVR permit been revoked... [at the Dupont Estate Resort]? No, it is still active but is on hold pending verification of a noise monitoring system.
 If so, when? Have the Daniels been informed? Yes, Daniels know that it is on hold  If not, when will it be revoked? N/A
 If their permit is revoked, is there any way for them to get it back? If it is revoked under the current code it will not be reinstated
Would you please clarify the following at your earliest convenience? 1) When was the "hold" for the "noise monitoring system" at the "Dupont Estate" placed? 2) What triggered the "hold"? Was it a complaint? ... Perhaps, a yearly part of the STVR permit renewal process? CITY COUNCIL MEETING - OCTOBER 17, 2023 - WRITTEN PUBLIC COMMENTS BY RESIDENT CLAUDIA SNYDER

MATTERS NOT ON THE AGENDA - REQUEST FOR PUBLIC RECORDS REGARDING DUPONT ESTATE STVR PERMIT STATUS 2 3) Why was the "hold" omitted from the report of the City's active permits? Why wouldn't it be included, just as the highlighted "suspended" permits?
4) Are there other examples of "holds" that have been omitted from the weekly active STVR permits report? If so, would you kindly provide these?
5) When is an STVR permit "suspended"?
6) Will the City be issuing a "hold" or "suspension" for the allegations of hidden audio/ visual surveillance in bedrooms at the Dupont Estate (currently under active investigation by the Riverside County Sheriff's dept)? Wouldn't this be the prudent approach given the City's priority of ".... [ensuring] a safe and effective [STVR] program? Surely, if a "hold" can be placed for a noise monitoring system, the City will do the same for allegations of privacy concerns.

My husband and I have not had the opportunity to relay the details of the Sept 16, 2023 incident involving the Mayor's friends, the Daniels, and their guest/ tenant, but we know it is real as our video surveillance captured the altercation which took place circa 2:46AM this past Sept 16.. Please find attached audio of said altercation.

CITY COUNCIL MEETING - OCTOBER 17, 2023 - WRITTEN PUBLIC COMMENTS BY RESIDENT CLAUDIA SNYDER

MATTERS NOT ON THE AGENDA - REQUEST FOR PUBLIC RECORDS REGARDING DUPONT ESTATE STVR PERMIT STATUS 1 From: William Cain <[email protected]>
Sent: Tuesday, October 17, 2023 7:54 AM
To: Monika Radeva
Subject: Talus
Regarding City Council Agenda Item :TALUS PROGRESS REPORT ( A Oxymoron ) Dear City Council :

It is my opinion after watching the lack of progress on the original plan for the Silverock Development now know as Talus that you start legal actions against Green and Companies for lack of performance.Enough is enough no more excuses ! There are dozens of projects thru out the Coachella Valley that have been completed and are flourishing during the same time period as Silverock/Talus.

I appeared before the City Council in opposition to the purchase of the land using RDA money and to the sale of the property under some kind of what I consisted a bogus claim that this was the only option .

I wish you had listened to me then and I hope you listen to me now. I have been a home owner in La Quinta for 26 years and watched the debacle unfold over this “Pie in the Sky” dream for half of that time .

Regards
William Cain
CITY COUNCIL MEETING - OCTOBER 17, 2023 - WRITTEN PUBLIC COMMENTS BY RESIDENT WILLIAM CAIN BUSINESS SESSION ITEM NO. 1 - AMENDMENT NO. 5 TO PURCHASE, SALE, AND DEVELOPMENT AGREEMENT WITH

SILVERROCK DEVELOPMENT COMPANY REGARDING THE LA QUINTA TALUS PROJECT

POWER POINTS

CITY COUNCIL

MEETING
OCTOBER 17, 2023
October 17, 2023
1 City Council Regular Meeting
October 17, 2023
10/18/2023
City Council Regular Meeting
October 17, 2023

CLOSED SESSION IN PROGRESS
10/18/2023
1 2
October 17, 2023
2 Pledge of Allegiance
10/18/2023
10/18/2023
3 4
October 17, 2023
3 City Council Meeting
October 17, 2023
P1-Talus Project Update
5 6
October 17, 2023
4 City Council Meeting
October 17, 2023
S1 – Land-Based Financing and Policy
Discussion
What is Land-Based Financing?
• Utilizing the value of land and improvements
to raise money for infrastructure and/or
services
• Many different forms such as Assessment
Districts (AD), Community Facilities Districts
(CFD), Enhanced Infrastructure Financing
Districts (EIFD)
7 8
October 17, 2023
5 Why Now?
Potential undertakings that may require financing
options:
• Annexation of Sphere of Influence
• Electrical Infrastructure
• Utility Undergrounding
• Developer-requested as needed for residential
projects
Policy Update
• Adopted in 1999
• EIFD law established 2014
• Does not allow for use of land-based financing
for residential areas
• Changing economic climate and Council
priorities
9 10
October 17, 2023
6 Fieldman,Rolapp & Associates
James Fabien, Principal Chelsea Redmon, Asst Vice Pres.

City Council Meeting
– Study Session
October 17, 2023
11 12
October 17, 2023
7 Table of Contents
• Section I Overview of District & Project • Section II Overview of Financing & Repayment Plan • Section III Conclusion
Table of Contents
 Section I. Introduction
 Section II. Overview of Land Secured
Financing  Section III. Utility Undergrounding
Districts
13 November 28, 2022
Section I
Introduction
13 14
October 17, 2023
8 15
Our Team

CHELSEA REDMON
949.660.7306 direct
949.564.6802 cell
[email protected]

PRINCIPAL ASSISTANT VP

JAMES FABIAN
415.489.2860 direct
949.246.2344 cell
[email protected]
November 28, 2022
Section II
Overview of Land-Secured Financing
15 16
October 17, 2023
9 1717
California Statutes & Constitution
Assessment District (AD)
Primarily 1913 & 1915 Acts for capital
projects
Primarily 1972 & 1982 Acts for maintenance
and public services
Article XIIID of California Constitution
Section 53753 of the Government Code
Community Facilities District (CFD)
Mello-Roos Community Facilities Act of 1982
Articles XIIIA & XIIIC of CA Constitution
Charter cities can use legislative powers
1818
Eligible Capital Facilities to Finance
Assessment District (Utility Ungrounding Districts)
Authorized public improvements
Must provide local, special benefits to property
Community Facilities District
Public improvements with useful life of 5 years
or longer
Can finance facilities:
oOwned/controlled by issuer and/or
oOwned, operated and maintained by other
public entities
• JCFAs with other public agencies
17 18
October 17, 2023
10 1919
AD vs. CFD
Assessment District
Sets a fixed lien for every parcel
Annual payment reduces lien
Term of payments = term of bonds
Community Facilities District
Sets a maximum annual special tax rate
Maximum tax rate may escalate
Term of tax may outlive term of bonds
2020
Special Benefits vs. Reasonableness
Special Benefits - ADs
Assessment based on the direct and
special benefit each property receives
from improvements
Reasonableness - CFDs
Special tax is not a special assessment
May be allocated on any “reasonable”
basis, as determined by the legislative
body
Cannot be an ad valorem tax
19 20
October 17, 2023
11 2121
AD vs. CFD Comparison - Similarities
Issue ADs CFDs
Permitted and fairly
common
1913 Act - Not
common but
possible
1972 Act – Permitted
and fairly
common
Pay-as-you-go
finance
Allowed if included
in RMA
Automatically
allowed by State
statute
Pay-off or
Prepayment of Lien
Usually level or
escalating debt
service
Almost universally
level debt service
Debt Service
Structure
No State statutory
limit. Standard is not
to exceed 2%
No State statutory
limit. Standard is not
to exceed 2%
Maximum
Residential Property
Tax Burden as % of
Sales Price
2222
AD vs. CFD Comparison - Differences
Issue ADs CFDs
May be expanded
through future
annexations
1913 Act - Boundaries are
generally fixed once
assessment confirmed
1972 Act – Annexation
permitted
District
Boundaries
Special taxes
generally adapt to
changes in land
use
1913 Act - Lien
apportionments cannot
easily be modified
1972 Act – Annual assessment
can adapt
Land Use
Changes
Special taxes
between
undeveloped and
developed land
can differ
1913 Act - Assessments on
undeveloped land is based
on potential development
1972 Act – Annual assessments
generally differ between
undeveloped and
developed parcels
Assessment of
Undeveloped
Property
21 22
October 17, 2023
12 2323
Major Factors Favoring an AD
 ADs are appropriate for:
Small, local infrastructure projects
with little “General Benefit”
Projects with multiple property
owners
Projects where a fixed lien is
important and property owner can
pay-off during formation process or
pre-pay in the future
2424
Major Factors Favoring a CFD
 CFDs are appropriate for:
General benefit “community facilities”
Projects with few property owners, or broad
support
Projects requiring flexibility
oPhased land development projects
o Uncertainties about eventual land use
Projects needing targeted economic burden
oExempting publicly-owned parcels
oReducing burden on select categories of
parcels/uses
Projects requiring funding for eligible services
and maintenance & operation activities
23 24
October 17, 2023
13 2525
CFD Special Election Process  Conducted after Resolution of Formation  This is an election under the Elections Code
 Requires 2/3 approval of “qualified electors”
If 12 or more registered voters in CFD,
registered voter election
If less than 12 registered voters, landowner
election (one vote per acre or portion of acre)  Record Notice of Special Tax Lien within 15 days of election
2626
Assessment Ballot Process  Required by Proposition 218  Mailed with Notice of Public Hearing
 This is not an election, not a secret
ballot  Ballots opened and tallied after
hearing
 Weighted by assessment amount  More “no” than “yes”, then no assessment can be levied
25 26
October 17, 2023
14 2727
Assessment Process After Formation
 Recordation of Notice of
Assessment  30-Day Cash Collection Period
Mailed Notice to Pay Assessment
Cash payment discount
Paid / Unpaid List
2828
CFD Public Hearing Report  Description and estimated costs of facilities and services being funded
 Usually includes copy of Rate and
Method of Apportionment of
Special Tax
 Must be filed with the Clerk prior to
public hearing
27 28
October 17, 2023
15 2929
Rate and Method of Apportionment  Approved by public agency at ROF and by 2/3 vote of qualified electors  Describes methodology used to calculate the annual special tax levy
 Must generate amount needed each
year to pay bond debt service and
admin expenses, to replenish reserve
fund, and to pay directly for facilities
and/or services
3030
CFD Special Tax Formulas:

Developed Property Special Tax
 Bond market expects 110% debt service coverage
at buildout  “Developed” trigger can be final map, building permit, certificate of occupancy, or other defined
event as of a specified date
 Categories can be based on land use, home size,
lot size, density, or other “reasonable” criteria
 Public agency policy limits maximum tax rate
 Avoid variability in special taxes levied on
Developed Property
29 30
October 17, 2023
16 3131
CFD Special Tax Formulas:

Undeveloped Property Special Tax
 Applies to parcels that do not yet meet
definition of “Developed Property”  Typically charged on a per-acre basis  Provides coverage prior to buildout  Should absorb variability in special tax levy prior to buildout
3232
CFD Special Tax Formulas:

Additional Items to Consider  Rate of Escalation (facilities vs. services)  Steps of Taxation
 Backup Special Tax
 Transition Event  “PayGo” Special Tax Revenues  Prepayment Formula 31 32
October 17, 2023
17 3333
Engineer’s Report
S&H Code §10204 (1913 Act)  Plans & Specifications  Estimate of Costs  Assessment Diagram  Assessment Methodology
 Assessment Roll  Annual Administration Costs
3434
Engineer’s Report
S&H Code §2960 (1931 Debt Limitation Act)  Total principal amount of Unpaid Assessments on parcels  Total true value of parcels  Total Lien / Value (must be less than 50%, by Code)
33 34
October 17, 2023
18 3535
Engineer’s Report  Key information document in a dispute  Prepared by a Registered Prof. Engineer  Proposition 218 requirements General Benefit should be identified,
quantified and discussed
Special Benefit should be clearly defined
Assessment spread clearly detailed
Special treatment of public parcels should
be discussed
3636
Administration - Basic Steps
Community Facilities Districts  Assign taxable parcels to appropriate tax category  Calculate “Special Tax Requirement”
 Debt Service
 Administrative Expenses
 Pay-as-you-go facilities costs
 Services costs  Apply RMA to determine special tax for each parcel  Submit levy to county auditor’s office before deadline
 With most CFDs, one-time ordinance at formation
allows for annual special tax levy without further
action of legislative body
35 36
October 17, 2023
19 3737
Administration - Basic Steps
Assessment Districts  Confirm prepayment of assessment liens  Perform reapportionments as needed  Identify Debt Service (principal & interest) for each parcel  Determine Administrative Cost and allocate to each parcel  Debt service + Administrative Cost = Annual Payment  Submit levy to county auditor’s office before deadline  Record release of assessment lien for prepayments  With ADs, resolution at formation allows for annual assessment levy without further action of legislative body November 28, 2022
Section III –
Utility Undergrounding Districts
37 38
October 17, 2023
20 Background On City of Laguna Beach Utility Undergrounding District  The location, surrounding open space, limited access points, and terrain of Laguna make it one of the most vulnerable cities in California when it comes to wildfires and other natural disasters. In addition, many properties within Laguna Beach enjoy views of the ocean or the open space areas but the views are impacted by overhead utility lines. As such, the City of Laguna Beach is supportive of utility undergrounding projects that provide safety, reliability, and aesthetic benefits to the community.  The City, in partnership with residents, Southern California Edison (SCE), and San Diego Gas and Electric (SDG&E), has done extensive work over the past decade to expedite moving dangerous and obstructive overhead utility wires underground. The City continues to identify projects to promote the undergrounding of utility lines to mitigate the threat of wildfires, improve critical evacuation routes, and improve service reliability, and neighborhood aesthetics throughout the community.
39 Background On City of Laguna Beach Utility Undergrounding District  Utility Undergrounding Methods  There are generally three methods to undergrounding utilities:

1. Rule 20A – The City collaborates with the utility companies to underground overhead facilities that provide the greatest benefit to the general public. These projects are funded through annually allocated credits provided by the utility companies.

2. Rule 20B – A project that is developed and funded by the City. Alternatively, property owners within a specific area vote to form an Assessment District to underground facilities within their neighborhood.

3. Rule 20C – Property owners work directly with the utility companies to privately underground facilities adjacent to their property. The City generally does not participate in this type of project since it is typically funded and managed by one or more property owners. However, the project design must be submitted to the Community Development Department for Design Review, construction requires a Public Works permit, and the conversion of individual meters to underground service requires electrical permits from the City’s Building Division.  Each method listed above provides a mechanism for financing and implementing the underground projects. Utility undergrounding is a lengthy process and can take four to six years to complete depending on the number of active projects, coordination with the utility companies, and the level of support from affected residents. 40 39
40 October 17, 2023
21 Background On City of Laguna Beach Utility Undergrounding District 41 Woods Cove Utility Undergrounding Assessment District No. 2014-1 Project Description
AD 2014-2 is a proposed utility undergrounding assessment district. The district was petitioned in 2014 for portions of the Woods Cove neighborhood for the purpose removing all utility poles and placing existing, overhead utilities underground. The project will enter the Balloting phase in Fall 2023.

Schedule
Engineering designs and construction bidding have been completed. The proposed schedule for the Woods Cove project is as follows:  September 14, 2023 - Districtwide Assessment Workshop, 6:00 p.m. at Community and Susi Q Center  September 26, 2023 - City Council Meeting to Adopt Resolution of Intention and Resolution to Preliminarily Approve the Engineer's Report  Early October - Ballots to be mailed to affected property owners  December 12, 2023 (tentative) - City Council Meeting Public Hearing and Tally of Ballots  Bond sale tentatively schedule for April of 2024 42 41
42 October 17, 2023
22 Questions/Discussions
43 43
44 October 17, 2023
23 City Council Meeting
October 17, 2023
B1 – Amendment No. 5 with
SilverRock Development Company
Background
• November 2014 Council approves Purchase,
Sale, and Development Agreement
• May through November 2017 golf course
realignment
• November 2018 Council approves
Amendment No. 3 updating schedule to
enable closing of $212 million construction
financing
45 46
October 17, 2023
24 Background
• April 2019 through November 2019 mass
grading and site preparation
• March 2020 through April 2021 project
delays as a result of COVID-19 and cost
escalations as a result of the pandemic
• October 2021 City executed Amendment
No. 4 modifying development schedule,
decreasing TOT receipts 5% for 15-year
term.

Amendment No. 5
Purpose
• Resets financial penalties for missed milestones.
• Allows for recapitalization of the project
• Updates Schedule of Performance
• Outlines TOT penalties
• Gives City additional oversight over how project
funding is expended.
47 48
October 17, 2023
25 Amendment No. 5
Update Schedule
Amendment No. 5
Start Finish
Amendment No. 4
Start Finish
Project
Component
Luxury Hotel 8/30/21 9/30/23 8/30/21 3/31/25
Lifestyle Hotel 9/30/22 7/31/24 9/30/22 12/30/26
Conference and Shared 8/30/21 9/30/23 8/30/21 3/13/25
Golf Clubhouse and Range 8/30/21 11/1/22 8/30/21 11/25/24 Questions?
49 50
October 17, 2023
26 City Council Meeting
October 17, 2023
B2 – Zoom Cloud Phone System
51 52
October 17, 2023
27 Phone System Overview
• Existing Phone System – Mitel
• Phone Provider: Intelsys One
• Hardware and Software Challenges
Existing Challenges
Frequent Outages and
Failing Hardware
53 54
October 17, 2023
28 Phone Options Reviewed
• Verizon One
• RingCentral
• 8x8
• Zoom Phone
ZoomPhone versus Mitel
 Internet and Cellular redundancy
 Softphone Functionality tested and
proven
 Software Applications: Video,
Chat, Phone, Rooms/Webinar
 Cost Efficient and Bundling of
Existing Contract
 Dependent on Phone Lines
such as Frontier and Spectrum
 Hardware issues and Softphone
issues
 Mitel sold to RingCentral, analog
equipment being past its prime
with no support
 MiCollab competitor considered
archaic for webinterface and
difficult licensing
55 56
October 17, 2023
29 Discussion/Questions
57 58
October 17, 2023
30 City Council Meeting
October 17, 2023
B3 – Amendment to Chapter 2.60 of
Municipal Code - Conflict of Interest
59 60
October 17, 2023
31 City Council Meeting
October 17, 2023
S2 – Discuss City Branded Merchandise
History
• City has previously distributed branded
merchandise at City hosted or supported events.
• Residents & visitors have requested the ability to
purchase promo items for many years.
• City receives requests to purchase postcards,
license plates, stickers, shirts, etc.
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32 Examples – City of Downey
Examples – City of Downey
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33 Examples – City of Beverly Hills
Examples – City of Laguna Beach
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34 City of La Quinta Swag
Proposed Options
• City creates online store where items are sold at
cost
• Create a non-profit that will allow the City to sell
merchandise and create General Fund revenue
• Continue with current process of handing out city
promo items at City events
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35 City Council Meeting
October 17, 2023
S3 – 51001 Eisenhower Drive Building
Use Discussion
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36 Building Acquisition
• 51001 Eisenhower Drive Acquired for historic
preservation purposes.
• Constructed in 1938, 12 years after La Quinta
Resort’s opening.
• Served for over 40 years as the La Quinta
Palms Realty building.
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37 Future of Building
• Currently being upgraded to ensure ADA
Compliance.
• Interest from Local Businesses
• Public/Private Partnerships to be explored.

Potential Uses
 Entryway to Bear Creek Trail
 Visitor’s Center
 Leasable Space for Businesses
 Visitor’s Center/Leased Space
Combo
 City Facility w/ Conference
Space
 Extension of Museum as
Cultural Campus Master Plan
 Display of Future Art Exhibits
 Other miscellaneous uses as
Directed by Council
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38 Direction for Staff
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La Quinta City CouncilOctober 17, 2023

La Quinta City Council
October 17, 2023