La Quinta City Council
December 3, 2024

CITY COUNCIL AGENDA Page 1 of 7 DECEMBER 3, 2024

CITY COUNCIL
AGENDA

CITY HALL COUNCIL CHAMBER
78495 Calle Tampico, La Quinta
REGULAR MEETING ON TUESDAY, DECEMBER 3, 2024
3:00 P.M. CLOSED SESSION | 4:00 P.M. OPEN SESSION
Members of the public may listen to this meeting by tuning-in live via www.laquintaca.gov/livemeetings.

CALL TO ORDER
ROLL CALL: Councilmembers: Fitzpatrick, McGarrey, Peña, Sanchez, and Mayor Evans

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
At this time, members of the public may address the City Council on any matter not listed on the agenda pursuant to the “Public Comments – Instructions” listed at the end of the agenda.

The City Council values your comments; however, in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by the Brown Act [Government Code § 54954.2(b)].

CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION; PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (d) OF GOVERNMENT CODE SECTION 54956.9;
CASES NAMES AND NUMBERS – MULTIPLE (listed below, all in U.S. Bankruptcy Court, District of Delaware)
CASE NAME: CASE NUMBER
SilverRock Development Company, LLC 24-11647
SilverRock Lifestyle Residences, LLC 24-11648
SilverRock Lodging, LLC 24-11650
SilverRock Luxury Residences, LLC 24-11652
SilverRock Phase I, LLC 24-11654
RGC PA 789, LLC 24-11657

RECESS TO CLOSED SESSION
City Council agendas and staff reports
are available on the City’s
web page: www.LaQuintaCA.gov
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CITY COUNCIL AGENDA Page 2 of 7 DECEMBER 3, 2024

RECONVENE AT 4:00 P.M.

REPORT ON ACTION(S) TAKEN IN CLOSED SESSION

PLEDGE OF ALLEGIANCE

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
At this time, members of the public may address the City Council on any matter not listed on the agenda pursuant to the “Public Comments – Instructions” listed at the end of the agenda.

The City Council values your comments; however, in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by the Brown Act [Government Code § 54954.2(b)].

CONFIRMATION OF AGENDA

ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS

1. TALUS DEVELOPMENT PROJECT (FORMERLY SILVERROCK) – STATUS UPDATE

CONSENT CALENDAR
NOTE: Consent Calendar items are routine in nature and can be approved by one motion.

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1. APPROVE COUNCIL MEETING MINUTES OF NOVEMBER 19, 2024 9

2. AUTHORIZE OVERNIGHT TRAVEL FOR MANAGEMENT SPECIALIST TO ATTEND THE ANNUAL LASERFICHE EMPOWER 2025 CONFERENCE IN LAS VEGAS, NEVADA, APRIL 14-17, 2025
23 3. ADOPT ORDINANCE NO. 618 ON SECOND READING APPROVING ZONING ORDINANCE AMENDMENT 2024-0001 FOR ZONING AND SUBDIVISION CODE LANGUAGE CLEAN UP AND CHANGES REGARDING: RESIDENTIAL

SPECIAL EVENTS, TENTATIVE MAP PUBLIC HEARING NOTICES, VILLAGE

PARKING ALLOWANCES, VINYL FENCING, BED AND BREAKFAST INNS,

RESIDENTIAL GARAGE SETBACKS, TEMPORARY USE PERMIT TIMING AND EXPIRATIONS, AND ACCESSORY DWELLING UNIT REGULATIONS; CEQA:

THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15061 (b)(3) COMMON SENSE EXEMPTION; LOCATION: CITYWIDE 25 STUDY SESSION
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1. DISCUSS DRAFT COACHELLA VALLEY POWER AGENCY JOINT POWERS

AGREEMENT REGARDING GROWTH AND DEVELOPMENT OF ELECTRIC

POWER IN THE EASTERN COACHELLA VALLEY
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CITY COUNCIL AGENDA Page 3 of 7 DECEMBER 3, 2024

BUSINESS SESSION
PAGE

1. APPROVE HOST VENUE AGREEMENT WITH WORLD TRIATHLON
CORPORATION TO HOST THE IRONMAN 70.3 LA QUINTA TRIATHLON 103

2. INTRODUCE FOR FIRST READING AN ORDINANCE AMENDING CHAPTER

3.25 OF THE LA QUINTA MUNICIPAL CODE RELATED TO SHORT-TERM VACATION RENTALS [ORDINANCE NO. 619]
141

CITY HALL ANNUAL OPEN HOUSE
APPROXIMATELY 5:30 P.M.

RECESS MEETING TO CITY HALL’S ANNUAL OPEN HOUSE MEET AND GREET

APPROXIMATELY 7:00 P.M.

MAYOR EVANS RECONVENES THE CITY COUNCIL MEETING

BUSINESS SESSION – Continued
PAGE

3. ADOPT RESOLUTION TO CERTIFY THE OFFICIAL CANVASS OF ELECTION

RESULTS FOR THE GENERAL MUNICIPAL ELECTION HELD
NOVEMBER 5, 2024 [RESOLUTION NO. 2024-042]
167

4. APPOINT A MEMBER OF THE CITY COUNCIL TO SERVE AS MAYOR PRO TEMPORE FOR CALENDAR YEAR 2025
173

5. APPOINT MEMBERS OF THE CITY COUNCIL TO SERVE ON VARIOUS OUTSIDE AGENCIES FOR CALENDA YEAR 2025
175
PUBLIC HEARINGS – 5:00 p.m. or thereafter
For all Public Hearings on the agenda, a completed “Request to Speak” form must be filed with the City Clerk prior to consideration of that item; comments are limited to three (3) minutes (approximately 350 words).

Any person may submit written comments to the City Council prior to the public hearing and/or may appear and be heard in support of or opposition to the project(s) at the time of the public hearing. If you challenge a project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City at or prior to the public hearing.

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1. CONTINUED FROM NOVEMBER 19, 2024: ADOPT RESOLUTIONS

ADOPTING MITIGATED NEGATIVE DECLARATION (ENVIRONMENTAL
ASSESSMENT 2022-0012) AND APPROVING AN AMENDMENT TO THE 181
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CITY COUNCIL AGENDA Page 4 of 7 DECEMBER 3, 2024

JEFFERSON SQUARE SPECIFIC PLAN 2022-0004 (SP 2002-062,
AMENDMENT 3), TENTATIVE TRACT MAP 2022-0003 (TTM 38604) AND SITE DEVELOPMENT PERMIT 2022-0015 FOR THE DEVELOPMENT OF MULTIFAMILY RESIDENTIAL UNITS ON THE SOUTH HALF OF THE EXISTING JEFFERSON SQUARE COMMERCIAL CENTER; CEQA: A MITIGATED
NEGATIVE DECLARATION HAS BEEN PREPARED (EA 2022-0012);
LOCATION: SOUTHWEST CORNER OF JEFFERSON STREET AND FRED WARING DRIVE [RESOLUTION NOs. 2024-043 & 2024-044]

2. ADOPT RESOLUTION TO APPROVE LANDMARK DESIGNATION 2024-0001 FOR A SINGLE-FAMILY RESIDENCE LOCATED AT 51407 AVENIDA
VELASCO; CEQA: THE DESIGN AND DEVELOPMENT DEPARTMENT HAS

DETERMINED THAT THIS PROJECT IS EXEMPT FROM CALIFORNIA
ENVIRONMENTAL QUALITY ACT REVIEW PURSUANT TO SECTION 15301, CLASS 1 EXISTING FACILITIES OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT [RESOLUTION NO. 2024-045]
463

3. ADOPT RESOLUTION TO AUTHORIZE THE CITY MANAGER TO SUBMIT

APPLICATIONS TO RIVERSIDE COUNTY HOUSING AND WORKFORCE

SOLUTIONS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND EXECUTE SUPPLEMENTAL AGREEMENTS FOR FISCAL YEAR 2025/26 [RESOLUTION NO. 2024-046]
489

DEPARTMENTAL REPORTS
PAGE

1. CITY MANAGER

2. CITY ATTORNEY

3. CITY CLERK

4. COMMUNITY SERVICES

5. DESIGN AND DEVELOPMENT QUARTERLY REPORT – JULY-SEPTEMBER 2024
497

6. FINANCE

7. PUBLIC SAFETY

8. PUBLIC WORKS
MAYOR’S AND COUNCIL MEMBERS’ ITEMS

REPORTS AND INFORMATIONAL ITEMS

1. CVAG CONSERVATION COMMISSION (Evans)

2. CVAG ENERGY AND SUSTAINABILITY COMMITTEE (Evans)

3. CVAG EXECUTIVE COMMITTEE (Evans)

4. VISIT GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU (Evans)

5. IMPERIAL IRRIGATION DISTRICT – COACHELLA VALLEY ENERGY COMMISSION (Evans)

6. LEAGUE OF CALIFORNIA CITIES DELEGATE (Evans)

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CITY COUNCIL AGENDA Page 5 of 7 DECEMBER 3, 2024

8. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (Evans)

9. GREATER CV CHAMBER OF COMMERCE INFORMATION EXCHANGE COMMITTEE (Evans)

10. ECONOMIC DEVELOPMENT SUBCOMMITTEE (Evans & Fitzpatrick)

11. DESERT SANDS UNIFIED SCHOOL DISTRICT COMMITTEE (Evans & Sanchez)

12. DESERT RECREATION DISTRICT COMMITTEE (Fitzpatrick & McGarrey)

13. COACHELLA VALLEY UNIFIED SCHOOL DISTRICT COMMITTEE (Fitzpatrick & Peña)

14. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (Fitzpatrick)

15. CVAG TRANSPORTATION COMMITTEE (Fitzpatrick)

16. IMPERIAL IRRIGATION DISTRICT – ENERGY CONSUMERS ADVISORY COMMITTEE (McGarrey)

17. COACHELLA VALLEY MOUNTAINS CONSERVANCY (McGarrey)

18. LEAGUE OF CALIFORNIA CITIES – ENVIRONMENTAL QUALITY POLICY COMMITTEE (McGarrey)

19. LEAGUE OF CALIFORNIA CITIES – EXECUTIVE COMMITTEE RIVERSIDE COUNTY DIVISION (McGarrey)

20. CANNABIS AD HOC COMMITTEE (Peña & Sanchez)

21. CVAG PUBLIC SAFETY COMMITTEE (Peña)

22. CVAG HOMELESSNESS COMMITTEE (Peña)

23. COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT (Peña)

24. SUNLINE TRANSIT AGENCY (Peña)

25. ANIMAL CAMPUS COMMISSION (Sanchez)

26. LEAGUE OF CALIFORNIA CITIES – PUBLIC SAFETY COMMITTEE (Sanchez)

27. RIVERSIDE LOCAL AGENCY FORMATION COMMISSION (Sanchez)

28. ART PURCHASE COMMITTEE (Sanchez & McGarrey)

29. CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (Sanchez)

30. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS REGIONAL COUNCIL (Sanchez)

ADJOURNMENT
*********************************
The next regular meeting of the City Council will be held on December 17, 2024, at 4:00 p.m. at the City Hall Council Chamber, 78495 Calle Tampico, La Quinta, CA 92253.

DECLARATION OF POSTING
I, Monika Radeva, City Clerk of the City of La Quinta, do hereby declare that the foregoing Agenda for the La Quinta City Council meeting was posted on the City’s website, near the entrance to the Council Chamber at 78495 Calle Tampico, and the bulletin board at the La Quinta Cove Post Office at 51321 Avenida Bermudas, on November 27, 2024.

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CITY COUNCIL AGENDA Page 6 of 7 DECEMBER 3, 2024

DATED: November 27, 2024
MONIKA RADEVA, City Clerk
City of La Quinta, California
Public Notices
 Agenda packet materials are available for public inspection: 1) at the Clerk’s Office at La Quinta City Hall, located at 78495 Calle Tampico, La Quinta, California 92253; and 2) on the City’s website at www.laquintaca.gov/councilagendas, in accordance with the Brown Act [Government Code § 54957.5; AB 2647 (Stats. 2022, Ch. 971)].  The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk’s office at (760) 777-7123, 24- hours in advance of the meeting and accommodations will be made.  If background material is to be presented to the City Council during a City Council meeting, please be advised that 15 copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this takes place prior to the beginning of the meeting.

PUBLIC COMMENTS - INSTRUCTIONS
Members of the public may address the City Council on any matter listed or not listed on the agenda as follows:

WRITTEN PUBLIC COMMENTS can be provided either in-person during the meeting by submitting 15 copies to the City Clerk, it is requested that this takes place prior to the beginning of the meeting; or can be emailed in advance to [email protected], no later than 12:00 p.m., on the day of the meeting. Written public comments will be distributed to Council, made public, and will be incorporated into the public record of the meeting, but will not be read during the meeting unless, upon the request of the Mayor, a brief summary of public comments is asked to be reported.

If written public comments are emailed, the email subject line must clearly state “Written Comments” and should include: 1) full name, 2) city of residence, and 3) subject matter.

VERBAL PUBLIC COMMENTS can be provided in-person during the meeting by completing a “Request to Speak” form and submitting it to the City Clerk; it is requested that this takes place prior to the beginning of the meeting. Please limit your comments to three (3) minutes (or approximately 350 words). Members of the public shall be called upon to speak by the Mayor.

In accordance with City Council Resolution No. 2022-027, a one-time additional speaker time donation of three (3) minutes per individual is permitted; please note that the member of the public donating time must: 1) submit this in writing to the City Clerk by completing a “Request to Speak” form noting the name of the person to whom time is being donated to, and 2) be present at the time the speaker provides verbal comments.

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CITY COUNCIL AGENDA Page 7 of 7 DECEMBER 3, 2024

Verbal public comments are defined as comments provided in the speakers’ own voice and may not include video or sound recordings of the speaker or of other individuals or entities, unless permitted by the Mayor.

Public speakers may elect to use printed presentation materials to aid their comments; 15 copies of such printed materials shall be provided to the City Clerk to be disseminated to the City Council, made public, and incorporated into the public record of the meeting; it is requested that the printed materials are provided prior to the beginning of the meeting. There shall be no use of Chamber resources and technology to display visual or audible presentations during public comments, unless permitted by the Mayor.

All writings or documents, including but not limited to emails and attachments to emails, submitted to the City regarding any item(s) listed or not listed on this agenda are public records. All information in such writings and documents is subject to disclosure as being in the public domain and subject to search and review by electronic means, including but not limited to the City’s Internet Web site and any other Internet Web-based platform or other Web-based form of communication. All information in such writings and documents similarly is subject to disclosure pursuant to the California Public Records Act [Government Code § 7920.000 et seq.].

TELECONFERENCE ACCESSIBILITY – INSTRUCTIONS
Teleconference accessibility may be triggered in accordance with AB 2449 (Stats. 2022, Ch. 285), codified in the Brown Act [Government Code § 54953], if a member of the City Council requests to attend and participate in this meeting remotely due to “just cause” or “emergency circumstances,” as defined, and only if the request is approved. In such instances, remote public accessibility and participation will be facilitated via Zoom Webinar as detailed at the end of this Agenda. *** TELECONFERENCE PROCEDURES – PURSUANT TO AB 2449***

APPLICABLE ONLY WHEN TELECONFERENCE ACCESSIBILITY IS IN EFFECT Verbal public comments via Teleconference – members of the public may attend and participate in this meeting by teleconference via Zoom and use the “raise your hand” feature when public comments are prompted by the Mayor; the City will facilitate the ability for a member of the public to be audible to the City Council and general public and allow him/her/them to speak on the item(s) requested. Please note – members of the public must unmute themselves when prompted upon being recognized by the Mayor, in order to become audible to the City Council and the public.

Only one person at a time may speak by teleconference and only after being recognized by the Mayor.

ZOOM LINK: https://us06web.zoom.us/j/86171130130
Meeting ID: 861 7113 0130
Or join by phone: (253) 215 – 8782
Written public comments – can be provided in person during the meeting or emailed to the City Clerk’s Office at [email protected] any time prior to the adjournment of the meeting, and will be distributed to the City Council, made public, incorporated into the public record of the meeting, and will not be read during the meeting unless, upon the request of the Mayor, a brief summary of any public comment is asked to be read, to the extent the City Clerk’s Office can accommodate such request.

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CITY COUNCIL MINUTES Page 1 of 13 NOVEMBER 19, 2024

CITY COUNCIL

MINUTES
TUESDAY, NOVEMBER 19, 2024

CALL TO ORDER
A regular meeting of the La Quinta City Council was called to order at 3:00 p.m. by Mayor Evans.

PRESENT: Councilmembers Fitzpatrick, McGarrey, Peña, Sanchez, and Mayor Evans ABSENT: None
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None

CONFIRMATION OF AGENDA
City Manager McMillen asked to pull Business Session Item No. 1 from the agenda related to Council’s interviews and appointment of a La Quinta resident to serve as the City’s representative on the Imperial Irrigation District (IID) Energy Consumers Advisory Committee (ECAC) as the IID Board of Directors disbanded the ECAC, effective January 1, 2025, earlier this afternoon during their regular meeting. Council concurred.

CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION; PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9;
CASES NAMES AND NUMBERS – MULTIPLE (listed below, all in U.S.

Bankruptcy Court, District of Delaware)
CASE NAME: CASE NUMBER
SilverRock Development Company, LLC 24-11647
SilverRock Lifestyle Residences, LLC 24-11648
SilverRock Lodging, LLC 24-11650
SilverRock Luxury Residences, LLC 24-11652
SilverRock Phase I, LLC 24-11654
RGC PA 789, LLC 24-11657

2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION; SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OR (3) OF SUBDIVISION (d) OF GOVERNMENT CODE SECTION 54956.9 (NUMBER OF POTENTIAL CASES: 1)

COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:02 P.M.

CONSENT CALENDAR ITEM NO. 19
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MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:00 P.M. WITH ALL MEMBERS PRESENT
REPORT ON ACTION(S) TAKEN IN CLOSED SESSION:

Mayor Evans said the Council considered only Closed Session Item No. 1 and will reconvene back into Closed Session to consider Closed Session Item No. 2 after the Open Session of the meeting.

City Attorney Ihrke reported the following pursuant to Government Code section 54957.1 (Brown Act):
 CLOSED SESSION ITEM NO. 1 – no new reportable action on this matter; a brief summary of the bankruptcy proceedings status for SilverRock Development Company and its affiliates will be provided under the Announcements, Presentations, and Written Communications section of the agenda, as Presentation No. 1.

Council’s authorization remains in place for the City Attorney, in coordination with the City Attorney’s Office, to defend and protect the interests of the City in the multiple bankruptcy cases filed by SilverRock Development Company and its responsive affiliates as reported out for Closed Session Item No. 2 from the August 6, 2024, Council meeting.

PLEDGE OF ALLEGIANCE
Councilmember McGarrey led the audience in the Pledge of Allegiance.

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
PUBLIC SPEAKER: Alena Callimanis, La Quinta – provided an update on the Read With Me volunteer program which assists children from low income, limited English speaking environments to develop to their fullest potential by learning to read, comprehend, and speak English, including volunteers scheduled to go into local schools; thanked City staff for their assistance; noted the start of the after-school program at Mountain Vista; and questioned why accessory dwelling units (ADUs), tabled for Council’s consideration on tonight’s agenda as Public Hearing Item No. 3, could not be categorized as “very low income” housing units.

PUBLIC SPEAKER: George Christopher, La Quinta – proposed the City create its own energy advisory commission or committee to consider the City’s energy needs and allow resident participation and collaboration now that IID has dissolved the ECAC, and offered to participate in any capacity.

Mayor Evans said that on December 3, 2024, the Council agenda will include a Study Session Item to discuss the proposed Coachella Valley Power Agency (CVPA) Joint Powers Agreement with Riverside County, IID consumer agencies, and utilities to discuss 10 CLICK HERE to Return to Agenda
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how to go forward in collectively addressing the needs of the CVPA’s members concerning electric service in the eastern Coachella Valley, and to study and evaluate pathways to a transition to a standalone provider of electrical services in this area.

ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS

1. TALUS DEVELOPMENT PROJECT (FORMERLY SILVERROCK) - STATUS UPDATE
City Attorney Ihrke said on August 5, 2024, SilverRock Development Company LLC and its affiliates, collectively referred to as “SDC,” voluntarily petitioned for Chapter 11 bankruptcy in U.S. Bankruptcy Court in Delaware; and per Council’s direction and approval, the City retained Special Counsel who has continuously been working with the City Manager and City Attorney throughout these proceedings. Prior Announcements regarding the bankruptcy case are available on the City’s website at www.laquintaca.gov/taluslq.

Mr. Ihrke said on November 12, 2024, the Bankruptcy Court held a hearing that essentially turned into a “status conference” during which an update was provided to the court on a couple of pending items:
1) The Bankruptcy Court was apprised that its current Interim Order authorizing Debtor-In-Possession (or “DIP”) Financing allowing the current Chief Restructuring Office (CRO) to administer the debtors’ estate, issued October 31, 2024, was continuing to be implemented and would allow for payment of SDC costs until the next scheduled hearing before the court, scheduled for December 3, 2024.

As reported previously, this is part of the City-led negotiated DIP Financing that would be provided to the CRO, who is an independent “supervisor,” to administer and oversee the debtors’ estate and proposed reorganization plan.

Pursuant to the Interim Order, the terms of the City’s loan and that loan’s repayment to the City, and the requirement for the CRO to use these funds only for specific items relating to the Talus site, such as remedial construction work, clean-up, and dust and erosion control, are generally the same as summarized previously.
2) The Bankruptcy Court was apprised that SDC and its affiliates were looking to obtain final signatures for substituting a former judge of the Bankruptcy Court (Christopher S. Sontchi), as the managing member of the SDC entities, who has been retained as a fiduciary with expertise in handling businesses that are in voluntary bankruptcy in other matters, to replace Robert Green and Robert Green Companies as the controlling manager(s) of SDC and its affiliates.

This is a corporate governance issue that was brought about and in response to a legal issue raised by the U.S. Trustee’s Office, which indicated that the substitution 11 CLICK HERE to Return to Agenda
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of former Judge Sontchi in this role would satisfy one of the legal issues the U.S.

Trustee had raised.

At the November 12, 2024, hearing, debtor’s counsel represented that all documentation finalizing the retaining of former judge Sontchi in the capacity of controlling manager for the debtor was anticipated to be completed shortly after the hearing.

The next Omnibus Hearing date before the Bankruptcy Court is set for December 3, 2024.

City Manager McMillen said he met with staff just prior to the SilverRock golf course reopening on November 7, 2024, following the annual reseeding; a lot of misinformation has been generated regarding the status of the Talus development; and in an effort to provide accurate and up-to-date information, the City has posted signage at prominent locations throughout the project site and printed business cards containing a Quick Response (QR) code directing the public to the City’s website at www.laquintaca.gov/taluslq to obtain the most current update on the bankruptcy case, prior developer defaults, as well as the status of the Talus project, including its history and a chronological timeline since 2002 to present.

CONSENT CALENDAR

1. APPROVE COUNCIL MEETING MINUTES DATED NOVEMBER 5, 2024

2. AUTHORIZE OVERNIGHT TRAVEL FOR MARKETING MANAGER TO
ATTEND eTOURISM SUMMIT IN LAS VEGAS, NEVADA, APRIL 20-24, 2025

3. AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE RED TERRA NURSERY TO PURCHASE UP TO $175,000 OF PLANT MATERIAL IN FISCAL YEAR 2024/25

4. ACCEPT ON-SITE IMPROVEMENTS ASSOCIATED WITH CLUB VILLA AT ANDALUSIA RESIDENTIAL DEVELOPMENT, TRACT MAP NO. 37790, LOCATED SOUTH OF AVENUE 58, EAST OF MADISON STREET IN THE

ANDALUSIA AT CORAL MOUNTAIN DEVELOPMENT

5. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH AURIGO
SOFTWARE TECHNOLOGIES, INC. FOR PROJECT MANAGEMENT

SOFTWARE

6. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED SEPTEMBER 30, 2024

7. APPROVE DEMAND REGISTERS DATED NOVEMBER 1 AND 8, 2024 12 CLICK HERE to Return to Agenda
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MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/McGarrey to approve the Consent Calendar as presented. Motion passed unanimously.

BUSINESS SESSION – pulled from the Agenda as noted during Confirmation of Agenda

1. INTERVIEW AND APPOINT A RESIDENT TO SERVE ON THE IMPERIAL

IRRIGATION DISTRICT ENERGY CONSUMER ADVISORY COMMITTEE FOR A FOUR-YEAR TERM ENDING DECEMBER 2028

STUDY SESSION

1. DISCUSS VISTA SANTA ROSA COMMUNITY MEMBERS SURVEY RESULTS

AND ZONING STANDARDS COMPARISON BETWEEN LA QUINTA AND

RIVERSIDE COUNTY RELATING TO THE SOUTHERN SPHERE OF

INFLUENCE (SOI) AREA
Planning Manager Flores, Senior Planner Nespor, and Consulting Planner Criste, CEO of Terra Nova Planning and Research, Inc., presented the staff report, which is on file in the Clerk’s Office.

Council discussed the results of the comprehensive survey; residential heights existing in the SOI; more community outreach warranted to determine why some residents are not in favor of annexation; outreach should include the benefits of joining the City of La Quinta; the future intent for the SOI area; the attraction of the current quality of life in the SOI; the tremendous addition the SOI would be to the City; the County’s Regional Housing Needs Allocation (RHNA) requirements and specifically for the SOI area; need to understand the impacts an annexation would have on the City’s RHNA requirements; need to develop policy regarding ranchos; need to provide information on current and future energy issues; need to understand how property taxes would be affected; annexing the entire SOI versus piecemealed annexation of individual parcels within the SOI; developing a master planning effort to create a cohesive long-term plan for the SOI embracing comments from the SOI residents; suitability of the SOI for affordable/workforce housing; diversifying property types in the City; examination of tax revenue – property tax being the lowest revenue source; the requirement to provide public services to the standard the rest of the City enjoys; interest of developers who own SOI land; worthwhile to map out the “yes” and “no” responses to the survey; need to know the County’s plans for the SOI area, particularly affordable housing; requirement to annex contiguous areas; and production of a fact-sheet addressing survey comments and concerns.

PUBLIC SPEAKER: John Powell, Vista Santa Rosa, land owner and farmer – noted the survey’s low response rate may be due to one response from an owner who owns multiple parcels, even though multiple copies were sent for each of his/her/their parcels; additional tax revenue due to the City once the County pays off the Redevelopment Agency bonds; the impact of the recently County-approved enhanced infrastructure finance district on the SOI; the Vista Santa Rosa overlay that is part of the County’s General Plan should be 13 CLICK HERE to Return to Agenda
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examined; appreciates the preservation of the right to farm; and believes annexation by La Quinta would bring value to his property.

PUBLIC SPEAKER: Tara Bravo Malai, PGA West, La Quinta – said that she would be happy to welcome the residents of Vista Santa Rosa into the City; and supports the survey efforts and the protections the City provides to residents.

PUBLIC SPEAKER: Gayle Cady, Vista Santa Rosa – one of the original petitioners for the Vista Santa Rosa community over 30+ years ago; appreciates that, of the three neighboring cities interested in annexing Vista Santa Rosa, La Quinta has been the first to do a resident survey; consider that many SOI residents have horses and wish to continue that lifestyle; regarding any “grandfather” zoning clause, asked if there is also a “sunset” clause; and requested the City continue its outreach to SOI residents via television, newspaper, mail, etc.

PUBLIC SPEAKER: Mark Tadros, Vista Santa Rosa, farmer – suggested that the City better explain not only why Vista Santa Rosa residents should want to be annexed, but also why La Quinta wishes to annex Vista Santa Rosa; and suggested the City conduct community outreach meetings for more personal communication and exchange.

PUBLIC SPEAKER: David Dinnel, La Quinta – wondered what the benefit of annexation would be to existing City residents since there would be significant cost to the City to provide services and capital output; and expressed concerns about decline in short-term vacation rental (STVR) interest and housing density.

Council reached a consensus and directed staff to map survey responses; continue outreach; begin focus group planning sessions; and establish a timeline of the annexation process.

MAYOR EVANS CALLED FOR A BRIEF RECESS AT 5:22 P.M.

MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 5:30 P.M. WITH

ALL MEMBERS PRESENT

PUBLIC HEARINGS

1. ADOPT RESOLUTION TO UPDATE THE CITY’S SHORT-TERM VACATION

RENTAL PROGRAM USER AND REGULATORY FEES
[RESOLUTION NO. 2024-041]
City Clerk Radeva presented the staff report, which is on file in the Clerk’s Office.

Council discussed the addition of the “multi-unit lock-off STVR unit” definition; the need to define in the municipal code, how the multi-unit lock-offs are accomplished to avoid loopholes; effect of multi-unit lock-off definition on Legacy Villas; how cost-recovery is accounted; and cost-recovery efforts of other cities.
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CITY COUNCIL MINUTES Page 7 of 13 NOVEMBER 19, 2024
MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 5:43 P.M.

PUBLIC SPEAKER: David Dinnel, La Quinta – has STVRs; shocked at the high increase in fees; doesn’t understand the basis for the increase; and cost of enforcement of illegal STVRs should not be included in the program recovery costs.

PUBLIC SPEAKER: George Christopher, La Quinta – asked about the difference between the General STVR permit and the General STVR permit subject to annual mitigation fees listed as number 3 and 4 in the staff report; and questioned whether the City would begin to issue new permits and in what locations.

MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 5:57 P.M.

MOTION – A motion was made and seconded by Councilmembers Peña/Fitzpatrick to adopt Resolution No. 2024-041 as presented:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,

CALIFORNIA, AMENDING THE SHORT-TERM VACATION RENTAL

PROGRAM USER AND REGULATORY FEES
Motion passed unanimously.

2. ADOPT RESOLUTIONS ADOPTING MITIGATED NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT 2022-0012 AND APPROVING AN AMENDMENT TO THE JEFFERSON SQUARE SPECIFIC PLAN 2022-0003 (TTM 38604) AND SITE DEVELOPMENT PERMIT 2022-0015 FOR THE

DEVELOPMENT OF MULTI-FAMILY RESIDENTIAL UNITS ON THE SOUTH HALF OF THE EXISTING JEFFERSON SQUARE COMMERCIAL CENTER; CEQA: A MITIGATED NEGATIVE DECLARATION HAS BEEN PREPARED (EA 2022-0012); LOCATION: SOUTHWEST CORNER OF JEFFERSON STREET AND FRED WARING DRIVE [RESOLUTION NOs 2024-042 AND 2024-043] Planning Manager Flores introduced Consulting Planner Criste, CEO of Terra Nova Planning and Research, Inc., who presented the staff report, which is on file in the Clerk’s Office.

Council discussed using different materials on clearly marked designated pedestrian pathways and crosswalks access within the center; Specific Plan variations regarding parking requirements and height; impact on schools attendance, and missing school response; and current traffic count, and the estimated traffic count per the Specific Plan for the commercial center being higher than the traffic count for the proposed housing development.

APPLICANT PRESENTATION: Luis Gomez, representative of the applicant, Flora La Quinta, LLC., and Principal with goUrban Development – provided an overview of the project, including project history, design, restrictions and considerations of the surrounding existing infrastructure, commercial and residential components, collaboration and outreach with surrounding residents and outside agencies; and community benefits. 15 CLICK HERE to Return to Agenda
CITY COUNCIL MINUTES Page 8 of 13 NOVEMBER 19, 2024
MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 6:20 P.M.

Mayor Evans said WRITTEN PUBLIC COMMENTS were received from La Quinta resident Alice Garza in opposition of the proposed Jefferson Square commercial center specific plan amendment, proposing a residential component, located at the southwest corner of Jefferson Street and Fred Waring Drive, which were distributed to Council, made public, published on the City’s website, and included in the public record of this meeting.

PUBLIC SPEAKER: Heidi Kemp, La Quinta (received donated time from resident Kathleen Boylan) – a current teacher in the Desert Sands Unified School District (DSUSD), said this project will impact local schools which are currently overfull; opposed to the project due to reduction of parking requirements which may cause increased parking in the neighboring Monticello development in which she resides; traffic and parking is already horrendous due to the nearby park; requested speed limit signs in her neighborhood; residents in Monticello don’t have the funds to create a homeowners association (HOA) to make it a gated community; City needs to worry about its existing residents first; Jefferson Square should be developed as a commercial development entirely that services residents as originally planned and promised; and hedges will not provide the needed privacy.

PUBLIC SPEAKER: Steven Williams, La Quinta – lives in Monticello; opposed to the project; it should be kept commercial as originally planned; and residents should not suffer because the developer lost its commercial tenants.

PUBLIC SPEAKER: Bryan Peterson, La Quinta – all surrounding communities are singlestory homes for privacy; opposed to the project due to multi-story buildings decreasing privacy of existing homes; only commercial was intended when residents bought their homes; egress and safety issues; parking concerns will increase; and not the right project, it should be kept commercial.

PUBLIC SPEAKER: Jonathan Redd, La Quinta – opposed the project due to the proposed residential development being an apartment complex; traffic and parking concerns; and currently overcrowding of schools will worsen.

PUBLIC SPEAKER: Nathan March, La Quinta – said he felt Planning Commissioners were dismissive; already must deal with the traffic the nearby park brings to the area; not opposed to building out the project; opposed to an apartment building overlooking the existing surrounding homes; and changing from commercial to residential is a failure of the developer.

PUBLIC SPEAKER: David Sterling, La Quinta – teacher and coach at DSUSD – schools will be impacted, already overcrowded; opposed to two-story residential; the site has been mismanaged; and would not have purchased his home if he knew two-story residential would be proposed and/or built adjacent to his property. 16 CLICK HERE to Return to Agenda
CITY COUNCIL MINUTES Page 9 of 13 NOVEMBER 19, 2024
PUBLIC SPEAKER: Charlie Jimenez, La Quinta – lives opposite of the proposed buildings 5 and 6; hedge barriers are not acceptable privacy for his backyard; will adversely affect his and neighbors’ property values; and opposed the two-story residential.

PUBLIC SPEAKER: Angel Trejo, La Quinta – 20-year resident; has two daughters at home; already burdened with traffic; and opposed to the project.

PUBLIC SPEAKER: Marshall Cooper, La Quinta – opposed; would not have purchased his house in 2020 if he knew residential development was being planned at the commercial center; concerned about Riverside County Sheriff’s Department’s response to having the proposed residential development in the area; asked about stepping up elevation, rather than two-stories along the border; and hedges need time to grow and they die, and suggested requiring a 30-foot wall instead.

PUBLIC SPEAKER: Laurie Skochil, La Quinta – bought her home with the expectation of walking to a variety of commercial businesses; asked Council to visit the site and view sight lines and parking; Monticello is currently a traffic cut-through; asked about notification radius for the public hearing; opposed the project; and property values will be diminished.

PUBLIC SPEAKER: Michael Rodriguez, La Quinta – opposed to the project because traffic is already crazy; his neighbors will have others looking into their backyards; his backyard is his oasis; and residential doesn’t belong at this site, it should be commercial.

WRITTEN COMMENTS: Anonymous, Monticello resident, La Quinta – opposed to the project, would like commercial uses only.

Council discussed traffic ingress and egress; per DSUSD guidelines the proposed residential project would generate 14 elementary-, 8 middle-, and 12 high-school students; hedge maintenance, and possibly imposing stringent maintenance requirements conditions; opportunity to improve landscaping of entire development; commercial properties not good at plant maintenance; Covenants, Conditions, and Restrictions (CC&Rs) to exist between the commercial and residential components of the center; no additional fencing planned; preserve cross access of the center and to the adjacent public park; the applicant’s experience with similar developments; the need for a variety of additional housing types in La Quinta; similar residential developments next to commercial centers in other parts of the city; current La Quinta property values; the proposed apartments are market-rate; setbacks; quality build planned with varying heights; speed limits and road diet improvements made in the surrounding area; CC&Rs often dictate the new commercial that is permitted; accuracy of the line-of-sight as presented; modification of parking standards; type of mixed-use projects to be expected in the future; infill development is now the norm; apartments not being a nest of crime, not transients; market rate apartments are generally more or as expensive as a mortgage; imposing a permitting system for apartment parking; entrances to the park; use of 17 CLICK HERE to Return to Agenda
CITY COUNCIL MINUTES Page 10 of 13 NOVEMBER 19, 2024
commercial parking spaces for the park; and research mitigation options for Monticello parking and traffic issues.

PUBLIC SPEAKER: Heidi Kemp, La Quinta – asked why possible future La Quinta apartment residents are more important than existing residents.

PUBLIC SPEAKER: Nathan March, La Quinta – if Council moves forward with this project, they must understand the likely reality that there would be dead hedges, more cars, etc.; and suggested consideration to put in more speed bumps and more traffic cops in the area.

PUBLIC SPEAKER: George Christopher, La Quinta – not for or against the project; permit parking is an option; and the City could reduce landscaping area and repurpose it for additional parking.

MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 8:02 P.M.

Council and staff discussion followed regarding possibly continuing the public hearing to the next Council meeting to allow Council to visit the site to observe sight lines and examine the traffic patterns in the area; and potentially conditioning the project to permit parking.

MAYOR EVANS DECLARED THE PUBLIC HEARING REOPENED AT 8:06 P.M.

Council reached a consensus to continue this item for two weeks, during which time, Council will visit the site to observe sight lines, parking conditions, and traffic flow.

MOTION – A motion was made and seconded by Councilmembers Peña/Fitzpatrick to continue this item to the December 3, 2024, Council meeting. Motion passed unanimously.

3. INTRODUCE FOR FIRST READING AN ORDINANCE APPROVING A ZONING

ORDINANCE AMENDMENT FOR ZONING AND SUBDIVISION CODE
LANGUAGE CLEAN UP AND CHANGES REGARDING: RESIDENTIAL

SPECIAL EVENTS, TENTATIVE MAP PUBLIC HEARING NOTICES, VILLAGE

PARKING ALLOWANCES, VINYL FENCING, BED AND BREAKFAST INNS,

RESIDENTIAL GARAGE SETBACKS, TEMPORARY USE PERMIT TIMING AND EXPIRATIONS, AND ACCESSORY DWELLING UNIT REGULATIONS; CEQA: THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW
PURSUANT TO SECTION 15061 (b)(3), COMMON SENSE EXEMPTION.

LOCATION: CITY-WIDE [ORDINANCE NO. 618]
Senior Planner Nespor and Planning Manager Flores presented the staff report, which is on file in the Clerk’s Office.
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CITY COUNCIL MINUTES Page 11 of 13 NOVEMBER 19, 2024
Council discussed fees for processing expedited applications; and importance that any applications for Large Lot Qualified and Certified clearly state whether or not the applicant intends to use the property to hold special events.

MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 8:19 P.M.

PUBLIC SPEAKER: None.

MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 8:19 P.M.

MOTION – A motion was made and seconded by Councilmembers Sanchez/Fitzpatrick to make a finding, included in Ordinance No. 618, that adopting this ordinance is exempt under the California Environmental Quality Act pursuant to Section 15061(b)(3) Review of Exemptions – Common Sense Rule, and is consistent with the previously approve General Plan 2035 Environmental Impact Report. Motion passed unanimously.

MOTION – A motion was made and seconded by Councilmembers Sanchez/Fitzpatrick to take up Ordinance No. 618 by title and number only and waive further reading as presented. Motion passed unanimously.

City Clerk Radeva read the following title of Ordinance No. 618 into the record:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 9 AND TITLE 13 OF THE LA QUINTA

MUNICIPAL CODE REGARDING RESIDENTIAL SPECIAL EVENTS,

TENTATIVE MAP PUBLIC HEARING NTOICES, VILLAGE PARKING

ALLWOANCES, VINYL FENCING, BED AND BREAKFAST INNS, RESIDENTIAL

GARAGE SETBACKS, TEMPORARY USE PERMIT TIMING AND

EXPIRATIONS, AND ACCESSORY DWELLING UNIT REGULATIONS
PROJECT: ZONING ORDINANCE AMENDMENT 2024-0001
MOTION – A motion was made and seconded by Councilmembers Sanchez/Fitzpatrick to introduce at first reading Ordinance No. 618 as presented. Motion passed unanimously.

DEPARTMENTAL REPORTS – All reports are on file in the City Clerk’s Office.

MAYOR’S AND COUNCIL MEMBERS’ ITEMS
Mayor Evans reported on her, and other Councilmembers’ attendance at Coachella Valley Economic Partnership Economic Summit; Magic Lights event; Family Fall Festival; La Quinta Arts Celebration awards reception; Charity Day; Feed the Heros Lunch at La Quinta High School; AMEX Board meeting; Kitchen Idea ribbon cutting; Heart Walk; Veteran’s Day; Sam Croce 101st birthday; Friends of Desert Mountains fundraiser; and Braille Institute CEO conference.
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CITY COUNCIL MINUTES Page 12 of 13 NOVEMBER 19, 2024
Councilmember Sanchez reported on his attendance at the Alzheimer’s Center open - house and Leadership Coachella Valley Speaker Series.

Councilmember McGarrey reported on her attendance at the Wildland Conservation 30- year desert protection event.

REPORTS AND INFORMATIONAL ITEMS
La Quinta’s representative for 2024, Mayor Evans reported on her participation in the following organizations’ meetings:
 CVAG COACHELLA VALLEY CONSERVATION COMMISSION
 CVAG ENERGY AND SUSTAINABILITY COMMITTEE
 VISIT GREATER PALM SPRINGS CONVENTION AND VISITORS’ BUREAU  IMPERIAL IRRIGATION DISTRICT – CV ENERGY COMMISSION
La Quinta’s representative for 2024, Councilmember Fitzpatrick reported on her participation in the following organization’s meeting:
 RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC)
La Quinta’s representative for 2024, Councilmember McGarrey reported on her participation in the following organizations’ meetings:
 COACHELLA VALLEY MOUNTAINS CONSERVANCY
 LEAGUE OF CALIFORNIA CITIES – EXECUTIVE COMMITTEE, RIVERSIDE

COUNTY DIVISION
La Quinta’s representative for 2024, Mayor Pro Tem Peña reported on his participation in the following organization’s meeting:
 CVAG PUBLIC SAFETY COMMITTEE
La Quinta’s representative for 2024, Councilmember Sanchez reported on his participation in the following organization’s meeting:
 SO. CALIFORNIA ASSOCIATION OF GOVERNMENTS REGIONAL COUNCIL

CLOSED SESSION

2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION; SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OR (3) OF SUBDIVISION (d) OF GOVERNMENT CODE SECTION 54956.9 (NUMBER OF POTENTIAL CASES: 1)

COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 8:39 P.M.

MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 9:03 P.M. WITH ALL MEMBERS PRESENT
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CITY COUNCIL MINUTES Page 13 of 13 NOVEMBER 19, 2024
REPORT ON ACTION(S) TAKEN IN CLOSED SESSION:

City Attorney Ihrke reported the following pursuant to Government Code section 54957.1 (Brown Act):
 CLOSED SESSION ITEM NO. 2 – no reportable action.

ADJOURNMENT
There being no further business, a motion was made and seconded by Councilmembers Peña/Sanchez to adjourn at 9:03 p.m. Motion passed unanimously.

Respectfully submitted,
MONIKA RADEVA, City Clerk
City of La Quinta, California
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City of La Quinta
CITY COUNCIL MEETING: December 3, 2024

STAFF REPORT
AGENDA TITLE: AUTHORIZE OVERNIGHT TRAVEL FOR MANAGEMENT SPECIALIST TO ATTEND THE ANNUAL LASERFICHE EMPOWER 2025 CONFERENCE IN LAS VEGAS, NEVADA, APRIL 14-17, 2025

RECOMMENDATION
Authorize overnight travel for Management Specialist to attend the annual Laserfiche Empower 2025 conference in Las Vegas, Nevada, April 14-17, 2025.

EXECUTIVE SUMMARY
 Annually, Laserfiche holds the Laserfiche Empower conference (Conference) which provides three days of intense training, hands on labs, and networking with other municipal users.
 The Management Specialist seeks additional knowledge in the City’s Laserfiche content management software, enhanced business processes, and upcoming technological innovations.
 The Conference will educate on the expanded capacities of the software and the peer-tested ways to utilize the system to benefit all City departments and operations.

FISCAL IMPACT
Estimated expenses are $1,250, which includes travel, lodging, and meals for one attendee. The City received one free Conference registration valued at $1,102.31. Funds are available in fiscal year 2024/25 City Clerk’s Travel and Training budget (101-1005- 60320).

BACKGROUND/ANALYSIS
Laserfiche is a robust enterprise content management software used by the City since 2002 as the City’s permanent electronic records repository, digital research library, and paperless archive.

The Conference is the premier educational and peer exchange event for the Laserfiche community and professionals who are interested in learning ways to improve efficiency CONSENT CALENDAR ITEM NO. 2
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and transform their organization. Each year 3,000+ Laserfiche customers, partners, and IT professionals attend this Conference, which offers more than 250 sessions and handson labs taught by industry experts, Laserfiche engineers, and experienced users. This three-day intensive annual Conference provides participants with the tools and resources they need to get the most out of their Laserfiche system.

ALTERNATIVES
Council may elect not to authorize this request; however, since this will provide information and training that is vital to successfully administering the Laserfiche system to its full potential, staff does not recommend this alternative.

Prepared by: Olivia Rodriguez, Management Specialist
Approved by: Monika Radeva, City Clerk
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City of La Quinta
CITY COUNCIL MEETING: December 3, 2024

STAFF REPORT
AGENDA TITLE: ADOPT ORDINANCE NO. 618 ON SECOND READING APPROVING ZONING ORDINANCE AMENDMENT 2024-0001 FOR ZONING AND SUBDIVISION CODE LANGUAGE CLEAN UP AND CHANGES REGARDING: RESIDENTIAL

SPECIAL EVENTS, TENTATIVE MAP PUBLIC HEARING NOTICES, VILLAGE

PARKING ALLOWANCES, VINYL FENCING, BED AND BREAKFAST INNS,

RESIDENTIAL GARAGE SETBACKS, TEMPORARY USE PERMIT TIMING AND EXPIRATIONS, AND ACCESSORY DWELLING UNIT REGULATIONS; CEQA: THE

PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15061 (b)(3) COMMON SENSE EXEMPTION; LOCATION: CITYWIDE

RECOMMENDATION
Adopt Ordinance No. 618 on second reading approving Zoning Ordinance Amendment 2024-0001.

EXECUTIVE SUMMARY
 On November 19, 2024, Council introduced Ordinance No. 618 for first reading to amend various sections of Titles 9 and 13 of the La Quinta Municipal Code (Code) and approve Zoning Ordinance Amendment (ZOA) 2024-0001.  If adopted on second reading, Ordinance No. 618 will go into effect 30 days after adoption or on January 3, 2024.

FISCAL IMPACT – None.

BACKGROUND/ANALYSIS
Staff periodically reviews the Code to ensure clarity and consistency with current federal, state, and local regulations and procedures.

On November 19, 2024, Council introduced Ordinance No. 618 for first reading to amend various sections of Titles 9 and 13 of the Code and approve ZOA 2024-0001.

If adopted on second reading, Ordinance No. 618 will go into effect 30 days thereafter, or on January 3, 2024, and amend the Code as follows to clean up, update, and clarify standards described as follows:

CONSENT CALENDAR ITEM NO. 3
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 Sections 9.40.030 and 9.60.270 – Table of permitted uses – removes Bed and Breakfast Inns as a permitted use in Residential zones, as there is a lack of interest in this, particularly since exempting Homeshare Short-Term Vacation Rental (STVR) Permits in Chapter 3.25 of the Code, as of January 2024.  Section 9.60.030 – Fences and walls – allows vinyl fencing in the front yard on a case-by-case basis, to be approved by the Design and Development Director.  Section 9.60.060 – Garage and carports – modify the setback requirements from 25-feet to 20-feet to be consistent with Residential Development Standards Table 9-2 in Section 9.50.030 of the Code.
 Section 9.60.090 – Accessory dwelling units (ADU) – allows for ADUs to be sold separately from the main residence to a qualified low or moderate income household, to be consistent with state law regulations.  Section 9.60.170 – Special events – residential – removes special event tiers, modifies language regarding events held at STVR properties, establishes parking requirements, administrative citations for violations of conditions of approval and a “two-strikes” policy to suspend the allowance of a property to apply for a permit.  Sections 9.140.090, 9.150.010, 9.150.050, and 9.150.070 – Village Parking Allowances – provides clarification of the parking reductions allowed pursuant to the Village Build-Out Area in Section 9.70.110 of the Code and allows for flexibility for future development applications.
 Section 9.210.020 – Conditional use permits – clarify use of terminology within the Code.
 Section 9.210.050 – Temporary use permits – provides for time limits or expiration dates, provision to apply for extensions, and provisions for revocation of permit.  Section 13.12.100 – Public Notice Procedure – modifies the publication requirements to 10-days for Tentative Maps to be consistent with state law and other City applications.

PUBLIC REVIEW
Public Notice
ZOA 2024-0001 was advertised in The Desert Sun newspaper on November 8, 2024, in accordance with state law, prior to introducing Ordinance No. 618 at first reading on November 19, 2024.
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Planning Commission Review
At its regular meeting of October 8, 2024, the Planning Commission recommended Council approval of all proposed amendments.

ENVIRONMENTAL REVIEW
The Design and Development Department has determined that the project is exempt from environmental review pursuant to Section 15061 (b)(3) of CEQA, Common Sense Exemption, in that it can be seen that the project would not cause any adverse impacts on the environment.

ALTERNATIVES
As Council approved this ordinance at first reading, staff does not recommend an alternative.

Prepared by: Oscar Mojica, Deputy City Clerk
Approved by: Monika Radeva, City Clerk
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ORDINANCE NO. 618

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

LA QUINTA, CALIFORNIA, AMENDING VARIOUS
SECTIONS OF TITLE 9 AND TITLE 13 OF THE LA QUINTA
MUNICIPAL CODE REGARDING: RESIDENTIAL SPECIAL

EVENTS, TENTATIVE MAP PUBLIC HEARING NOTICES,

VILLAGE PARKING ALLOWANCES, VINYL FENCING,

BED AND BREAKFAST INNS, RESIDENTIAL GARAGE

SETBACKS, TEMPORARY USE PERMIT TIMING AND

EXPIRATIONS, AND ACCESSORY DWELLING UNIT

REGULATIONS
PROJECT:

ZONING ORDINANCE AMENDMENT 2024-0001
WHEREAS, the City Council of the City of La Quinta, California did, on November 19, 2024, hold a duly noticed public hearing for review of a City-initiated request of Zoning Ordinance Amendment 2024-0001 to amend various sections of Title 9 and Title 13 of the La Quinta Municipal Code; and
WHEREAS, previous to said Public Hearing, the Planning Commission of the City of La Quinta did, on October 8, 2024, held a duly noticed public hearing and adopted Planning Commission Resolution No. 2024-015, recommending the City Council adopt all code amendments; and
WHEREAS, the Design and Development Department published a public hearing notice for this request in The Desert Sun newspaper on November 8, 2024, as prescribed by the Municipal Code; and
WHEREAS, the zone text amendment is exempt under the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) Review of Exemptions – Common Sense Rule and is consistent with the previously approved findings of the General Plan 2035 Environmental Impact Report (Environmental Assessment 2012-622) as the proposed amendments implement the goals, policies, and programs of the General Plan; and
WHEREAS, Title 9 of the Municipal Code contains the chapters that address permitted uses, development standards, development review, and permitting procedures and Title 13 of the Municipal Code contains chapters that address subdivision regulations; and
WHEREAS, the proposed zoning text amendments are necessary to update or clarify development standards; and
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Ordinance No. 618
Zoning Ordinance Amendment 2024-0001
Amendments to Titles 9 and 13
Adopted: December 3, 2024

WHEREAS, the proposed zoning text amendments are necessary to be in compliance with State housing law regulations for accessory dwelling units; and WHEREAS, at said public hearing, upon hearing and considering all public testimony and arguments, if any, of all interested persons wanting to be heard, the City Council did make the following mandatory findings to justify adoption of said Zoning Ordinance Amendment (9.220.020(E)) and incorporated herewith by this reference:

1. Consistency with General Plan
The code amendment is consistent with the goals, objectives, and policies of the General Plan. The proposed amendments are supported by Policy LU-1.2 for land use decisions to be consistent with General Plan policies and programs and uphold the rights and needs of property owners and the public and Policy LU-3.3 to maintain residential development standards that assure a high quality of development in the Zoning Ordinance; and

2. Public Welfare
Approval of the code amendment will not create conditions materially detrimental to the public health, safety, and general welfare. The amendment meets State housing law regulations for development of accessory dwelling units, allows for site design flexibility for various residential features, clarifies language in the municipal zoning code, and does not incorporate any changes that affect the regulation and/or provision of public services, utility systems, or other foreseeable health, safety, and welfare considerations.

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

SECTION 1. Titles 9 and 13 shall be amended as written in “Exhibit A” attached hereto, and incorporated herewith by this reference.

SECTION 2. The proposed zone text amendment is exempt under the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) Review of Exemptions – Common Sense Rule and is consistent with the previously approved General Plan 2035 Environmental Impact Report (Environmental Assessment 2012-622).

SECTION 3. That the City Council does hereby approve Zoning Ordinance Amendment 2024-0001, as set forth in attached “Exhibit A” for the reasons set forth in this Ordinance.

SECTION 4. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption.
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Ordinance No. 618
Zoning Ordinance Amendment 2024-0001
Amendments to Titles 9 and 13
Adopted: December 3, 2024

SECTION 5. POSTING: The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council (Resolution No. 2022-027), 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 6. CORRECTIVE AMENDMENTS: the City Council does hereby grant the City Clerk the ability to make minor amendments and corrections of typographical or clerical errors to “Exhibit A” to ensure consistency of all approved text amendments prior to the publication in the La Quinta Municipal Code.

SECTION 7. SEVERABILITY: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional.

PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council held this 3rd of December 2024, 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
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Ordinance No. 618
Zoning Ordinance Amendment 2024-0001
Amendments to Titles 9 and 13
Adopted: December 3, 2024

APPROVED AS TO FORM:
___________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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Created: 2024-08-07 10:59:35 [EST]
(Supp. No. 5, Update 3)

9.40.030 Table of permitted uses.

Table 9-1: Permitted Uses in Residential Districts, following, specifies those areas and structures which are permitted within each residential district. The letters in the columns beneath the district designation mean the following:
"P": Permitted as a principal use within the district.
"PUD": Planned unit development.
"A": Permitted only if accessory to the principal residential use on the site. "C": Permitted if a conditional use permit is approved. "M": Permitted if a minor use permit is approved.
"H": Permitted as a home occupation if accessory to the principal residential use and if a home occupation permit is approved.
"S": Permitted if a specific plan is approved per Chapter 9.240. "X": Prohibited in the district.

Table 9-1 Permitted Uses in Residential Districts
P = Permitted use
A = Accessory use
C = Conditional use permit
PUD = Planned unit development
M = Minor use permit
H = Home occupation permit
S = Specific plan required
T= Temporary use permit
X = Prohibited use Very Low Density Residential Low Density Residential Cove Residential Medium Density Residential Medium-High Density Residential High Density Residential Land Use RVL RL RC RM RMH RH
Single-family detached dwellings P P P P P S
Single-family detached patio homes (i.e., "zero lotline") PUD PUD PUD PUD PUD PUD Duplexes (two units on the same lot) PUD PUD X PUD P P
Single-family attached dwellings (two units per
building with each unit on its own lot)

PUD PUD X PUD P P
Townhome dwellings (two or more units per building
with each unit on its own lot)

PUD PUD X P P P
Condominium multifamily ("airspace" units) PUD PUD X P P P Apartment multifamily (rental units) X X X P P P
Mobilehome parks C C C C C C
Mobilehome subdivisions and manufactured homes
on individual lots, subject to Section 9.60.180

P P P P P S
Resort residential subject to Section 9.60.310 P P X P P P Ordinance No. 618
Zoning Ordinance Amendment 2024-0001
Amendments to Titles 9 and 13
Adopted: December 3, 2024 EXHIBIT A
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Created: 2024-08-07 10:59:35 [EST]
(Supp. No. 5, Update 3)

Guesthouses, subject to Section 9.60.100 A A A A A A
Second residential units subject to Section 9.60.090 A A A A A A Group Living and Care Uses
Child day care facilities as an accessory use, serving 6 or fewer children, subject to Section 9.60.190

A A A A A A
Child day care facilities as an accessory use, serving
7—14 children, subject to Section 9.60.190

A A A A A A
Congregate living facilities, 6 or fewer persons P P P P P X Congregate care facility C C C C C C
Residential care facilities, 6 or fewer persons P P P P P P Senior citizen residences, 6 or fewer persons P P P P P P Senior group housing, 7 or more persons X X X M M M
Time share facilities, subject to Section 9.60.280 M M M M M M

Supportive housing X X X P P P
Transitional housing X X X P P P
Open Space and Recreational Uses
Public parks, playfields and open space P P P P P P
Bicycle, equestrian and hiking trails P P P P P P
Clubhouses and community pools/cabanas P P P P P P
Unlighted tennis and other game courts on private
property, subject to Section 9.60.150

A A A A A A
Lighted tennis and other game courts on private
property, subject to Section 9.60.150

M M M M M M
Golf courses and country clubs per Section 9.110.040 P P P P P P Driving range with or without lights M M X M M M
Accessory Uses and Structures
Home occupations, subject to Section 9.60.110 A A A A A A Cottage food operations, subject to Section 9.60.115 P P P P P P Patio covers, decks, and gazebos, subject to Section

9.60.040

A A A A A A
Fences and walls, subject to Section 9.60.030 P P P P P P Satellite dishes and other antennas subject to
Section 9.60.080

A A A A A A
Swimming pools, spas and cabanas, subject to
Section 9.60.070

A A A A A A
Garages and carports, subject to Section 9.60.060 A A A A A A Keeping of household pets, subject to Section

9.60.120

A A A A A A
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Created: 2024-08-07 10:59:35 [EST]
(Supp. No. 5, Update 3)

On lots of 1 acre or more, the noncommercial
keeping of hoofed animals, fowl (except roosters)
and rabbits, subject to Section 9.60.120. Hoofed
animals include horses, sheep, goats, pot bellied
pigs, and similar. The keeping of horses is subject to
Section 9.140.060 and limited to one horse per 2.5
acres.

A A X X X X
Other accessory uses and structures which are
customarily associated with and subordinate to the
principal use on the premises and are consistent with
the purpose and intent of the zoning district.

A A A A A A
Agricultural Uses
Tree crop farming; greenhouses P X X X X X
Field crop farming P M X X X X
Produce stands, subject to Section 9.100.100 P T X X X X Temporary Uses
Garage sales A A A A A A
Construction and guard offices, subject to Section

9.60.200

A A A A A A
Use of relocatable building M M M M M M
Model home complexes and sales offices, subject to
Section 9.60.240

M M M M M M
Special outdoor events, subject to Section 9.60.170 M M M M M M Parking of recreational vehicles, subject to Section

9.60.130

A A A X X X
Other Uses
Churches, temples and other places of worship C C C C C C Museum or gallery displaying sculpture, artwork or
crafts, including schools for above, on 20 acres or
more

M M M M M M
Community recreational vehicle storage lots,
noncommercial

A A X A A A
Communication towers and equipment
(freestanding, new towers) subject to Chapter 9.170

C C C C C C
Communication towers and equipment (co-location,
mounted to existing facility) subject to Chapter 9.170

M M M M M M
Utility substations and facilities M M M M M M
Public flood control facilities and devices P P P P P P 34 CLICK HERE to Return to Agenda
Created: 2024-08-07 10:59:35 [EST]
(Supp. No. 5, Update 3)

Other principal, accessory or temporary uses not in
this table.

Director or planning commission to
determine whether use is permitted
in accordance with Section 9.20.040.
(Ord. 602 Exh. A, 2022; Ord. 584 § 2, 2020; Ord. 550 § 1, 2016; Ord. 538 § 2, 2016; Ord. 523 § 1, 2015; Ord. 515 § 1, 2013; Ord. 512 § 1, 2013; Ord. 492 § 1, 2011; Ord. 480 § 1, 2010; Ord. 466 § 1, 2009; Ord. 445 § 1, 2007; Ord. 414 § 1, 2005; Ord. 394 § 2, 2003; Ord. 325 § 1, 1998; Ord. 299 § 1, 1997; Ord. 284 § 1, 1996) 35 CLICK HERE to Return to Agenda
Created: 2024-08-07 10:59:35 [EST]
(Supp. No. 5, Update 3)

9.60.030 Fences and walls.

A. Purpose. For purposes of this section, "fence" or "wall" means any type of fence, wall, retaining wall, sound attenuation wall, screen or windscreen. The terms "fence" and "wall" are used interchangeably in this section to mean any or all of the preceding structures. Rear and side yards shall be completely enclosed and screened by view-obscuring fencing, walls, or combinations, unless:

1. Adjoining property owners waive the rear or side yard fencing requirements; or

2. The fence abuts open space, such as golf course, lake front, or similar areas; or

3. A minor use permit is approved by the design and development director for an alternative approach.

B. Measurement of Fence Height. Except as otherwise specified in this section, fence heights shall be measured from finish grade at the base of the fence to the highest point of the fence on the interior or exterior side, whichever is higher.

In addition, the following provisions shall apply to the measurement of fence height:

1. Open railings, up to forty-eight (48) inches high, placed on top of a retaining or other wall and required for pedestrian safety shall not be included in the height measurement.

2. Fences less than thirty (30) inches apart (measured between adjoining faces) shall be considered one (1) structure and fence height shall be measured from the base of the lower fence to the top of the higher fence. Fences thirty (30) inches or more apart shall be considered separate structures and their heights shall be measured independently. The director may require that the area between such fences be provided with permanent landscaping and irrigation.

C. Fence Heights. The construction and installation of fences shall be in compliance with the following standards:

1. Within Main Building Area. In the area of a lot where a main building may be constructed, the maximum freestanding fence height shall be twelve (12) feet.

2. Setback Areas Not Bordering Streets. The maximum fence height shall be six (6) feet within any required setback area not adjoining a street. Where the elevation of an adjoining building site is higher than the base of the fence within a side or rear setback area, the height of the fence may be measured 36 CLICK HERE to Return to Agenda
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(Supp. No. 5, Update 3)

from the elevation of the adjoining building site to the top of the fence. However, fence height shall not exceed eight (8) feet measured from either side with the exception of the RC district.

3. Setback Areas Bordering Streets, Alleys and Other Accessway. a. Within all districts, the maximum fence height shall be six (6) feet within any front, rear or side setback area adjoining a public street.
b. Notwithstanding other fence height restrictions, where, because of the orientation of the lots, a property line fence separates a front yard on one (1) lot from a rear yard on an adjacent lot, the maximum fence height shall be six (6) feet.
c. Arches or trellises up to nine (9) feet in overall height and five (5) feet interior width may be constructed over a gate on a lot provided the arch/trellis is integrated into the fence/gate design.

The director may refer arch designs exceeding the standard to the planning commission for approval.
d. Any portion of a building site where vehicular access is taken shall conform to the access intersection requirements of subsection (C)(4) of this section. e. City- or state-required sound attenuation walls bordering freeways or arterial highways may exceed six (6) feet in height if so recommended by a noise attenuation study and approved by the director.
f. When there is a combined retaining and garden wall, and the retaining wall exceeds three (3) feet, the garden wall shall not exceed five (5) feet in height;

4. Adjacent to a Nonresidential Zone or Use. The maximum fence height between a residential zone or use and a nonresidential zone or use shall be eight (8) feet. a. The height of fences, trees, shrubs and other visual obstructions shall be limited to a maximum height of thirty (30) inches within the triangular area formed by drawing a straight line:
i. Between two (2) points located on and twenty (20) feet distant from the point of intersection of two (2) ultimate street right-of-way lines. ii. Between two (2) points located on and five (5) feet distant from the point of intersection of an ultimate street or alley right-of-way on one hand and the edge of a driveway or another alley right-of-way on the other if parkway width is less than twelve (12) feet wide. b. For purposes of this code, "point of intersection" means the intersection of the prolongation of the right-of-way lines, excluding any curved portion joining the two (2) lines. c. The height restrictions of this subdivision shall apply to fences, walls, trees, shrubs, vegetation, or any other material which obstructs or may obstruct visibility.

D. Gates.

1. Materials. Gates shall be constructed of ornamental iron/tubular steel, vinyl and/or wood. Such gates may be placed in any location provided they meet the requirements of this section and provided any wood used is not less than a grade of construction heart or merchantable and better redwood or No. 2 and better (no holes) western red cedar, stained or painted to match or complement the adjacent wall or structure. Alternatively, if left in natural color, all wood shall be treated with a water-repellant material. Wood gates over thirty-six (36) inches wide shall have a metal frame. Chain link gates are prohibited. Vehicular driveway gates shall be constructed of ornamental iron/tubular steel and metal if solid. If screening an RV, the gate shall be constructed of a solid opaque material.

2. Width. Pedestrian gates shall not exceed five (5) feet in width, except that gates may be any width within side yard setbacks of at least twelve (12) feet. 37 CLICK HERE to Return to Agenda
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(Supp. No. 5, Update 3)

E. Fence Construction and Materials. All fencing in residential districts shall conform to the following construction and material standards:

1. Wood Fencing.
a. Except for gates, split two (2)-rail fencing, and for equestrian fencing regulated by Section

9.140.060, wood or similar recycled fencing materials are permitted in rear or interior side yards only, and only if not visible from the street. Wood-framed fencing with a stucco finish is permissible in any location on the lot provided the color of the masonry or stucco matches or complements the adjacent wall or structure. Gates may be of wood in any location provided they comply with the standards of this section.
b. All wood fencing shall be constructed of not less than a grade of construction heart or merchantable and better redwood or No. 2 and better (no holes) western red cedar, stained or painted to match or complement the adjacent wall or structure. Alternatively, if left in natural color, all wood shall be treated with a water-repellant material. c. Fence boards may be horizontal or vertical. Support posts shall be a minimum of nominal four inches by four inches (4″×4″) redwood, pressure-treated lumber, tubular steel or block and installed per the Uniform Building Code.
d. Split Rail Fencing. Split two (2)-rail fencing shall be allowed in the front yard or along the front property line with columns a maximum height of four (4) feet and three (3) feet for the top rail.

All columns shall be cemented with footings. Materials for the columns shall be wood, brick, or block. The rails may be either wood or other non-wood products that have the appearance of split rail. A building permit shall be obtained prior to construction.

2. Ornamental Iron and Tubular Steel Fencing. Ornamental iron or tubular steel fencing may be used along the front or street side yards only. The iron or steel shall be painted to match or complement the adjacent wall or structure.

3. Masonry Fencing. Solid masonry fencing (i.e., block, rock, brick, with or without stucco covering) is permitted in any location on the lot provided the color of the masonry or stucco matches or complements the adjacent wall or structure. Precision concrete block shall not be used unless all exterior surfaces visible from outside the property are covered with stucco, paint, texture coating, or other comparable coating approved by the director.

4. Material Combinations. Combinations of two (2) or more of the preceding materials may be used provided that the bottom one-half (½) of the fence is constructed of a masonry material. Combinations incorporating wood materials shall only be used for the rear and interior side yards and only when not visible from the street.

5. Other Materials. Other fence materials or combination of fence materials such as, but not limited to, corrugated metal, vinyl, bamboo, and glass may be permitted in the front or street side yard by the director in conjunction with approval of a building permit for fence construction if the permit application includes a materials sample, a site plan with proposed fence alignment, photographs of the main dwelling, and the following findings are made:
a. The design of the fence, including, but not limited to, the architectural style, materials, colors, architectural details, and other architectural elements is compatible with a main dwelling existing on site or in development review at time of application. b. The fence meets all screening requirements.
c. The material(s) are of good and durable quality.
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(Supp. No. 5, Update 3)

d. The material(s) will not be detrimental to the health, safety and general welfare of the community in the area.

F. Fence Landscaping and Maintenance.

1. Landscaping. The area between the back of curb and any fencing shall be landscaped, have a suitable permanent irrigation system, and be continuously maintained by the property owner.

2. Maintenance. All walls and fences shall be continuously maintained in good repair. The property owner shall be provided thirty (30) days after receiving notice from the city to repair a wall or fence. The building official may grant an extension to such time period not to exceed sixty (60) days.

G. Prohibited Fence Materials and Construction Fences. The use of barbed wire, razor wire, chain link, or similar materials in or on fences is prohibited in all residential districts. Chain link fencing is permitted for temporary construction fences when authorized by a minor use permit issued in accordance with Section 9.210.025.

Said minor use permit shall not be approved until a permit for grading, or construction, has been filed for, whichever comes first.

H. Equestrian Fencing. Notwithstanding any other requirements of this section, fencing shall be regulated by the provisions of Section 9.140.060 (Equestrian overlay regulations) where the keeping of horses is permitted.

I. Nonconforming Fences. Any fence which does not meet the standards of this section but which was legally established prior to the adoption of these standards may be maintained provided such fence is not expanded nor its nonconformance with these standards otherwise increased. Any fence which is destroyed or damaged to the extent of more than fifty percent (50%) of its total replacement value shall not be repaired, rebuilt, or reconstructed except in conformance with these standards. (Ord. 588 § 2(Exh. A), 2-2-2021; Ord. 584 § 2, 2020; Ord. 560 § 1, 2017; Ord. 550 § 1, 2016; Ord. 466 § 1, 2009; Ord. 378 § 1, 2002; Ord. 361 § 1, 2001; Ord. 325 § 1, 1998; Ord. 299 § 1, 1997; Ord. 284 § 1, 1996) 39 CLICK HERE to Return to Agenda
Created: 2024-08-07 10:59:36 [EST]
(Supp. No. 5, Update 3)

9.60.060 Garages and carports.

A. Height. The maximum structure height shall be fourteen (14) feet for a detached carport and seventeen feet for a detached garage, except that garages may be up to twenty-eight (8) feet in height if a second dwelling unit complying with the provisions of Section 9.60.090 is located above the garage.

B. Setbacks.

1. In the RVL district, the minimum garage or carport setback shall be thirty (30) feet. In all other residential districts, the minimum setback for front-entry type garages or carports shall be twenty (20) feet. For side-entry type garages, the minimum garage setback shall be twenty (20) feet in the RVL district and fifteen (15) feet in all other residential districts. A side-entry garage designed as tandem parking, when permitted under this code, shall not be located along any street frontage. The conversion of side-entry garages to habitable area is only permitted if the side-entry garage conforms to the minimum garage setback for a front-entry type garage.

2. When alleys, private streets or common driveways at the rear of a lot are provided specifically as vehicular access to garages and carports and when separate access and circulation systems are provided for pedestrians, guests and emergency vehicles, garages and carports may be placed up to a minimum of five (5) feet from such alley, private street or common driveway.

C. Lot Coverage Maximums. The placement of a garage or carport on a lot shall not result in violation of the lot coverage maximums set forth in Section 9.50.030.

D. Maximum Garage Size. For single-family homes, garage shall not exceed fifty percent (50%) of livable area of home.
(Ord. 584 § 2, 2020; Ord. 550 § 1, 2016; Ord. 505 § 1, 2012; Ord. 284 § 1, 1996) 40 CLICK HERE to Return to Agenda
Created: 2024-08-07 10:59:36 [EST]
(Supp. No. 5, Update 3)

9.60.090 Accessory dwelling units.

A. Purpose. This section provides standards and criteria for the establishment of accessory dwelling units and junior accessory dwelling units, consistent with California Government Code Sections 65852.2, subdivision (a)(1) and 65852.22. Accessory dwelling units shall be permitted only in the zones that allow single family or multifamily uses: RVL, RL, RC, RM, RMH, RH, CR, CP, CC, CN, TC, CO and VC zone districts. Junior accessory dwelling units are permitted in single family zones: RVL, RL, RC, RM, RMH, and RH zone districts.

B. Definitions. See Chapter 9.280. The following definitions shall apply for the purposes of this Section 9.60.090 notwithstanding any definition to the contrary in Chapter 9.280 or elsewhere in this Municipal Code.

1. “Accessory dwelling unit.” For purposes of this section, "second residential unit," "second dwelling unit," "second unit," and "granny flat" as defined in Section 9.280.030 (or successor section) shall not apply, and, instead, "accessory dwelling unit" as defined in California Government Code Section 66313(a) (or successor section in the Government Code) shall apply. An accessory dwelling unit shall be either "attached" or "detached" to the primary residence as described in Government Code Section 66313(a) (or successor statute). In addition, the following definitions shall apply for purposes of this section:
2"Junior accessory dwelling unit" means a unit that is no less than one hundred fifty (150) square feet and no more than five hundred (500) square feet in size and contained entirely within a single-family residence, or as defined by Government Code Section 66313 (d) (or successor section). A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

3. "Living area" shall have the same meaning as California Government Code Section 66313(e) (or successor section in the Government Code),.

4. "Primary residence" shall have the same meaning as "dwelling, main or Primary residence" as defined in Section 9.280.030 (or successor section).

5. "Public transit" means a location, including but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes and are available to the public or as defined by Government Code Section 66313(l) (or successor section).

C. Standards for Accessory Dwelling Units. The following standards shall apply to accessory dwelling units:

1. Except as provided in Government Code Section 66341 (or successor section) as provided in Subsection G of this Section 9.60.090, the accessory dwelling unit may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence

2. The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling.

3. The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached garages.

4. The total floor area of an attached accessory dwelling unit shall not exceed fifty (50) percent of the primary dwelling if there is an existing primary dwellingor eight hundred fifty (850) square feet, or one thousand (1,000) square feet for a unit that provides more than one (1) bedroom. 41 CLICK HERE to Return to Agenda
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(Supp. No. 5, Update 3)

5. The total floor area for a new detached accessory dwelling unit shall not exceed one thousand two hundred (1,200) square feet.

6. An accessory dwelling unit shall include a kitchen and bathroom.

7. An efficiency unit as defined by Section 17958.1 of the California Health and Safety Code must be a minimum of one hundred fifty (150) square feet.

8. No passageway shall be required in conjunction with the construction of an accessory dwelling unit.

9. No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four (4) feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.

10. The building code requirements in effect at the time a building permit is secured shall apply to detached dwellings. The construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official or Code Compliance officer makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. Nothing in this clause shall be interpreted to prevent the Building Official from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this section.

11. The accessory dwelling unit must be approved by the Riverside County Department of Environmental Health and the Regional Water Quality Control Board where a private sewage disposal system is being used or proposed.

12. Parking requirements for accessory dwelling units shall not exceed one (1) parking space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway.
a. Off-street parking shall be permitted in setback areas or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. b. There shall be no additional parking requirement for an accessory dwelling unit where prohibited by Government Code Sections 61314 (d)(10) 66322 (or successor sections) in any of the following instances:
i. The accessory dwelling unit is located within one-half (½) mile walking distance of public transit.
ii. The accessory dwelling unit is located within an architecturally and historically significant historic district.
iii. The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
iv. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
v. When there is a car share vehicle located within one (1) block of the accessory dwelling unit.
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(Supp. No. 5, Update 3)

vi. When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this subsection.
c. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, those offstreet parking spaces need not be replaced.

13. One (1) accessory dwelling unit and one (1) junior accessory dwelling unit is permitted per lot with a proposed or existing single-family dwelling if all of the following apply:
a. The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than one hundred fifty (150) square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
b. The space has exterior access from the proposed or existing single-family dwelling. c. The side and rear setbacks are sufficient for fire and safety. d. The front yard setback of the underlying zone shall apply, unless either the attached or detached units does not permit at least an eight hundred (800) square foot accessory dwelling unit with four (4)-foot side and rear yard setbacks to be constructed in compliance with all other development standards.
e. The junior accessory dwelling unit complies with the requirements of Government Code Section 66333.

14. One (1) detached, new construction, accessory dwelling unit that does not exceed four (4)-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subsection D, if the accessory dwelling unit complies with the following:
a. A total floor area limitation of not more than eight hundred (800) square feet. b. A height limitation of sixteen (16) feet on a lot with an existing or proposed single family or multifamily dwelling unit.
c. A height of eighteen (18) feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half (½) of one (1) mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code.
d. An additional two (2) feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. e. A height of eighteen (18) feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling.
f. A height of twenty-five (25) feet or the height limitation that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling.

15. Multiple accessory dwelling units are permitted within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, 43 CLICK HERE to Return to Agenda
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(Supp. No. 5, Update 3)

passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.
a. One (1) accessory dwelling unit is permitted within an existing multifamily dwelling and up to twenty-five (25) percent of the existing multifamily dwelling units may contain an accessory dwelling unit.
b. Not more than two (2) accessory dwelling units that are located on a lot that has an existing or proposed multifamily dwelling, but are detached from that multifamily dwelling are permitted, and are subject to height limits as listed in subsection 14, and four (4)-foot rear yard and side setbacks. If the existing multifamily dwelling has a rear or side setback of less than four (4) feet, no modification of the existing multifamily dwelling shall be required

16. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

17. A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit shall be reviewed with the application for the accessory dwelling unit and issued at the same time. The applicant shall not be required to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district.

18. An accessory dwelling unit that is rented must be rented for terms longer than thirty (30) days. Under no circumstances shall an accessory dwelling unit be eligible for a short-term vacation rental permit.

19. In the event of any conflicts between the standards set forth in this section and those set forth in the regulations of the applicable zoning district, the provisions of this section shall prevail.

20. The applicant shall pay to the city all applicable fees imposed on such new development of an accessory dwelling unit or new or rehabilitated primary residence that will include an accessory dwelling unit, provided, however, that no impact fee shall be imposed upon the development of an accessory dwelling unit less than seven hundred fifty (750) square feet, and any impact fees charged for an accessory dwelling unit of seven hundred fifty (750) square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.

21. The City shall not allow occupancy for an accessory dwelling unit before occupancy of the primary dwelling unit has been granted.

D. Standards for Junior Accessory Dwelling Units. The following standards shall apply for junior accessory dwelling units:

1. Junior accessory dwelling units shall be limited to one (1) per residential lot zoned for single-family residences with a single-family residence already built or proposed to be built, on the lot.

2. Prior to issuance of occupancy approval of the junior accessory dwelling unit, the city may require the property owner to enter into a restrictive covenant with the city prohibiting the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers; and restricting the size and attributes of the junior accessory dwelling unit that conforms with this section and Government Code Section 66333 (or successor section).

3. A junior accessory dwelling unit must be constructed within the walls of the proposed or existing single-family residence.

4. A junior accessory dwelling shall provide a separate entrance from the main entrance to the proposed or existing single-family residence.
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5. A junior accessory dwelling unit shall include an efficiency kitchen, which shall include all of the following:
a. A cooking facility with appliances, and
b. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

6. If the junior accessory dwelling unit does not include a separate bathroom, the junior accessory dwelling unit shall include a separate entrance than the main entrance to the structure with an interior entry to the main living area.

7. Parking: A junior accessory dwelling unit shall not require parking in addition to that required for the proposed or existing single-family residence.

8. For the purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit.

9. Owner-occupancy in the single family residence in which the junior accessory dwelling unit is permitted is required. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

E. A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing. The director, or his/her designee, shall either approve or deny the application within sixty (60) days from the date City receives a complete application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family or multi-family dwelling on the lot, the director may delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the issuance of a building permit for the new single-family or multi-family dwelling. If the applicant requests a delay, the sixty (60)-day time period shall be tolled for the period of the delay.

1. If the director denies an application for an accessory dwelling unit or junior accessory dwelling unit, the director shall, within the time period described above, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.

2. The director shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.

F. If an application for an accessory dwelling unit or junior accessory dwelling unit is submitted or required to be submitted with any other applications that require or permit ministerial or discretionary review under the code, nothing in this section precludes the processing and review of those other applications pursuant to those other provisions in the code.

G. Sale of Accessory Dwelling Unit. An accessory dwelling unit can be sold or conveyed separately from the primary residence to a qualified buyer if all of the following apply:

1. The accessory dwelling unit or the primary dwelling was built or developed by a qualified nonprofit corporation; and

2. There is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified buyer and the qualified nonprofit corporation that satisfies all of the requirements specified in paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code; and 45 CLICK HERE to Return to Agenda
Created: 2024-08-07 10:59:36 [EST]
(Supp. No. 5, Update 3)

3. The property is held pursuant to a recorded tenancy in common agreement that includes all of the following:
a. The agreement allocates to each qualified buyer an undivided, unequal interest in the property based on the size of the dwelling that each qualified buyer occupies; and b. A repurchase option that requires the qualified buyer to first offer the qualified nonprofit corporation to buy the accessory dwelling unit or primary dwelling if the buyer desires to sell or convey the property; and
c. A requirement that the qualified buyer occupy the accessory dwelling unit or primary dwelling as the buyer’s principal residence; and
d. Affordability restrictions on the sale and conveyance of the accessory dwelling unit or primary dwelling that ensure the accessory dwelling unit and primary dwelling will be preserved for lowincome housing for 45 years for owner-occupied housing units and will be sold or resold to a qualified buyer; and
e. If the tenancy in common agreement is recorded after December 31, 2021, it shall also include all of the following:
i. Delineation of all areas of the property that are for the exclusive use of a cotenant. Each cotenant shall agree not to claim a right of occupancy to an area delineated for the exclusive use of another cotenant, provided that the latter cotenant’s obligations to each of the other cotenants have been satisfied; and
ii. Delineation of each cotenant’s responsibility for the costs of taxes, insurance, utilities, general maintenance and repair, improvements, and any other costs, obligations, or liabilities associated with the property. This delineation shall only be binding on the parties to the agreement, and shall not supersede or obviate the liability, whether joint and several or otherwise, of the parties for any cost, obligation, or liability associated with the property where such liability is otherwise established by law or by agreement with a third party; and iii. Procedures for dispute resolution among the parties before resorting to legal action.

4. A grant deed naming the grantor, grantee, and describing the property interests being transferred shall be recorded in the county in which the property is located. A Preliminary Change of Ownership Report shall be filed concurrently with this grant deed pursuant to Section 480.3 of the Revenue and Taxation Code.

5. Notwithstanding other provisions of this Section, if requested by a utility providing service to the primary residence, the accessory dwelling unit has a separate water, sewer, or electrical connection to that utility.

6. Nothing in this section limits the ability of an accessory dwelling unit to be sold or otherwise conveyed separate from the primary residence as a condominium.

7. For purposes of this subsection, the following definitions apply:
a. Qualified buyer means persons and families of low or moderate income, as that term is defined in Section 50093 of the Health and Safety Code.
b. Qualified nonprofit corporation means a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest loan program. 46 CLICK HERE to Return to Agenda
Created: 2024-08-07 10:59:36 [EST]
(Supp. No. 5, Update 3)

This Subsection G is intended to be duplicative of Government Code Section 66340 et seq.. To the extent this Section is in conflict with Government Code Section 66340 et seq., the provision in the Government Code shall prevail.
(Ord. 606, § 1 (Exh. A), 2023; Ord. 602 Exh. A, 2022; Ord. 588 § 2(Exh. A), 2-2-2021; Ord. 561 § 1, 2017; Ord. 550 § 1, 2016; Ord. 445 § 2, 2007; Ord. 299 § 1, 1997; Ord. 284 § 1, 1996) 47 CLICK HERE to Return to Agenda
Created: 2024-05-06 08:24:25 [EST]
(Supp. No. 5, Update1)

9.60.170 Special events—Residential.

A. Special Events. Within residential districts, or residential areas for property or parcel(s) zoned mixed-use (referred to in this section as "residential district(s)"), special events shall include, but are not limited to:

1. Pageants, fairs, carnivals and large athletic events, religious or entertainment events, block parties, large neighborhood or community gatherings.

2. Events at a privately owned residential dwelling, such as, but not limited to, a single-family detached or multiple-family attached unit, apartment house or complex, condominium, cooperative apartment, duplex, residential dwelling with a short term vacation rental permit, or any portion of such dwellings, rented for compensation or without compensation for the purpose of staging a special event that includes a combination of any two (2) or more of the following characteristics: outdoor amplified music, a stage or staging, event lighting, tents, additional parking accommodations, traffic restrictions, and other characteristics consistent with larger gatherings that are not consistent with occasional residential parties or small events.

B. Standards. Special events are permitted in residential districts as indicated in Table 9-1 with the approval of a special event permit by the Design and Development Director, or designee, in accordance with the following:

1. One (1) special event may not exceed three (3) consecutive days. 2. Reserved.3. Reserved4.

Reserved.

5. An application for a special event permit shall be submitted to the design and development department no later than forty-five (45) days prior to the proposed special event.

6. The city manager or designee may allow for an expedited application of a special event permit, which may be submitted later than the application deadline set forth in the subsection above, and may suspend the appeal procedures after a decision of the permit is rendered, if the special event will have limited parking and traffic impacts, will not have outdoor tents or other structures that require a building permit, will have limited or no outdoor amplified music, will not require a permit from the California Department of Alcoholic Beverage Control for consumption of alcohol, and the applicant for the special event certifies that these limitations will apply and be enforced. An expedited application fee shall apply for submittal of applications later than forty-five (45) days prior to the proposed special event.

7. Findings. The following findings shall be made by the Design and Development Director or designee in conjunction with approval of a special event permit:
a. The event will not be detrimental to the health, safety and general welfare of the community in the area of the proposed event.
b. There is adequate area to conduct the event and to accommodate the anticipated attendance. c. Parking plan has been provided that demonstrates sufficient parking will be provided for the anticipated attendance and the potential impacts on the surrounding residential streets are minimized, to the satisfaction of the Design and Development Director. d. Food service operations, medical facilities, solid waste facilities, sewage disposal methods and potable water service have been provided. (Approval by the health officer may be required.) e. Fire protection plans and facilities have been provided to the satisfaction of the fire marshal. f. Security plans and facilities have been provided to the satisfaction of the sheriff. 48 CLICK HERE to Return to Agenda
Created: 2024-05-06 08:24:25 [EST]
(Supp. No. 5, Update1)

g. Public roadways providing access to the event are capable of accommodating the anticipated traffic volumes in a reasonable and safe manner with minimal disruption to local traffic circulation.

8. Regardless of the number of attendants, activities conducted on property owned by or leased to the city or on public rights-of-way may require an encroachment permit issued by the city manager or designee.

9. A cash bond or other guarantee as determined by the city manager or designee for removal of the temporary use and cleanup and restoration of the activity site within seven (7) days of the activity conclusion may be required.

10. Applications for permits or certificates required by this section shall be referred by the design and development department to other affected departments, cities or public agencies as may be appropriate for review and comment.

11. The applicant shall provide evidence that the applicant mailed or delivered written notification of the special event(s) to all property owners shown on the last equalized county assessment roll and all occupants of each dwelling unit within five hundred (500) feet of the proposed special event property.

Such notice shall be issued no later than fourteen (14) days prior, and completed no more than seven (7) days prior to the special event. The notice shall include:
a. The date, time, hours of operation and complete description of all activities for the event as required to be submitted as part of the application.
b. The name and twenty-four (24)-hour contact phone number of the local contact person for the property and the police department.

12. Signs for pageants, fairs, carnivals and large athletic events, religious or entertainment events, block parties, large neighborhood or community gatherings shall be allowed as follows:
a. Maximum of one (1) temporary banner per street frontage, not to exceed thirty-two (32) square feet.
b. Maximum one (1) temporary portable sign on- or off-site on private property, not to exceed fiftyfive (55) square feet. c. Maximum thirty off-site temporary directional signs, nine (9) square feet in area, subject to the provisions of Section 9.160.060, subsections C through H, with the exception of subsection E. d. Maximum fifteen (15) bunting signs, with maximum size to be approved by the city manager or designee.
e. Posting period, locations and related details shall be as approved in the temporary use permit for the event.
f. Other signs and advertising devices, such as pennants, flags and A-frame signs are prohibited.

13. Related issues, including, but not limited to, police and security, food and water supply, consumption of alcohol, use of tents and canopies, fugitive dust control, sanitation facilities, medical services, noise, signage, fire protection and traffic control, shall be satisfactorily addressed by the applicant, as required by the city manager or designee, sheriff, fire chief or health officer in their administration of other city codes. Such other codes may require the applicant to obtain permits such as building, electrical, County Health, California Department of Alcoholic Beverage Control and tent permits.

14. A permit may be issued for special events in nonresidential districts or at nonresidential areas of mixed-use property or parcel(s) pursuant to Section 9.100.130 of this code.

C. Violations. A violation of this section may include any of the following:
49 CLICK HERE to Return to Agenda
Created: 2024-05-06 08:24:25 [EST]
(Supp. No. 5, Update1)

1. Permit Limitation. The city manager or designee may summarily deny, suspend, or revoke any current or pending special event permit pursuant to the provisions set forth in Section 2.04.100 (Appeals to Council), or other applicable procedural provisions in the municipal code, for any or all of the following:
(a) A violation by the applicant, occupants, responsible party, owner(s) or the owner's authorized agent or representative of any of the conditions of approval or any provisions in the municipal code; (b) The applicant, occupants, responsible party, owner(s) or the owner's authorized agent or representative performs activities described in the application for the special event permit in a manner that poses a threat to the public health and safety, endangers the preservation of property, engages in activities outside the scope of the activities described in the application, or fails to timely reimburse the city for costs associated with enforcement of the conditions of approval or any provisions in the municipal code. Additionally, for any violation under this section or other provisions of the municipal code resulting from a special event at a short term vacation rental, the city manager or designee may summarily deny, suspend, or revoke the short term vacation rental permit and licenses related to the operation thereto. Any revocation of a special event permit pursuant to this section, after notice and public hearing and final determination for revocation, shall result in the applicant, occupants, responsible party, owner(s) or the owner's authorized agent or representative, operating under the revoked permit, being ineligible to apply or re-apply for any special event permit for at least one (1) year.

2. Notice of Violation. The city may issue a notice of violation to any occupant, responsible party, owner(s) or the owner's authorized agent or representative, pursuant to Section 1.01.300 (Notices— Service) of the municipal code, if there is any violation of this section or any other provisions of the municipal code, caused or maintained by any of the above parties.

3. Two (2) strikes policy. Subject to a violation reprieve request, two (2) violations of any provision of this section, any conditions of approval or other provisions of this municipal code within one (1) year by any applicant, occupant, responsible party, owner(s) or owner’s authorized agent or representative, shall result in an immediate suspension of allowing any further special events at the subject property with subsequent ability to have a hearing before the city, pursuant to this chapter, to request a lifting of the suspension. For purposes of this subsection, a violation reprieve request means a written request submitted to the city’s code compliance officer for relief from counting one (1) or more violations within the one (1) year period as a violation.

4. Administrative and misdemeanor citations. The city may issue an administrative citation to any applicant, occupant, responsible person, owner or owner's authorized agent or representative, pursuant to Chapter 1.09 (Administrative Citations) (or successor provisions, as may be amended from time to time) of this code, if there is any violation of this section, any conditions of approval, or any other provisions of the municipal code committed, caused or maintained by any of the above parties.

Nothing in this section shall preclude the city from also issuing an infraction citation upon the occurrence of the same offense on a separate day. An administrative citation may impose a fine for one (1) or more violations of this chapter in the maximum amount allowed by state law or this code in which the latter amount shall be as follows:
a. Violations of any provision of this section, any conditions of approval or other provisions of the municipal code.
i. First violation: one thousand dollars ($1,000.00);
ii. Second violation: two thousand dollars ($2,000.00); iii. Third violation: three thousand dollars ($3,000.00). b. Operating a special event without a valid special event permit. i. First violation: one thousand and five hundred dollars ($1,500.00); 50 CLICK HERE to Return to Agenda
Created: 2024-05-06 08:24:25 [EST]
(Supp. No. 5, Update1)

ii. Second or more violations: three thousand dollars ($3,000.00); iii. Third or more violations: five thousand dollars ($5,000.00); iv. In addition to the fines set forth above, the first, second, third, or subsequent violation of operating a special event without a valid special event permit shall be cause for an owner to be prohibited for all time from being eligible to be issued a special event permit for use of the property for a special event.
c. Hosting a special event at a short-term vacation rental unit without a special event permit as required by Section 9.60.170 (or successor provision, as may be amended from time to time) of this code. i. First violation: five thousand dollars ($5,000.00);
ii. Second violation: five thousand dollars ($5,000.00).

5. Additional Conditions. A violation of any provision of this section or other provisions of the municipal code by any of the occupants, responsible party, owner(s) or the owner's authorized agent or representative shall authorize the city manager, or designee, to impose additional conditions on special event permit to ensure that any potential additional violations are avoided.

6. Public Nuisance. It shall be a public nuisance for any person to commit, cause or maintain a violation of this section or other provisions of the municipal code, which shall be subject to the provisions of Section 1.01.250 (Violations public nuisances) of Chapter 1.01 (Code Adopted). (Ord. 552 § 1, 2017; Ord. 550 § 1, 2016; Ord. 299 § 1, 1997; Ord. 293 § 1, 1996; Ord. 284 § 1, 1996) 51 CLICK HERE to Return to Agenda
Created: 2024-08-07 10:59:36 [EST]
(Supp. No. 5, Update 3)

9.60.270 Bed and breakfast regulations.

A. Purpose. The city council finds that bed and breakfast facilities constitute small commercial lodging facilities in residential districts. This requires special regulations that are not normally covered by standards for motels and hotels.

B. Definitions. See Chapter 9.280.

C. Limits on Occupancy.

1. The bed and breakfast shall be conducted only by a person owning the dwelling and residing therein as their principal place of residence. The use permit shall be voided upon the sale or transfer of the property ownership.

2. The bed and breakfast shall accommodate a maximum of eight (8) guests in four (4) rooms.

D. Where Permitted. Bed and breakfast are permitted subject to approval of a minor use permit only in residential zoning districts.

E. Development Standards.

1. Individual units shall not contain cooking facilities.

2. Parking shall be provided on-site, in accordance with Chapter 9.150, Parking.

3. No change in the outside structure is permitted and any change inside must be convertible to the original residential use. A minimum of one hundred (100) square feet is required for each of the sleeping rooms and not more than twenty-five percent (25%) of the structure can be used for rental.

4. Landscaping may be required to screen parking areas from the view of adjacent properties and from public/private streets.

5. Locating another bed and breakfast use within three hundred (300) feet is prohibited.

6. Signs shall not exceed two (2) square feet attached to the house.

F. Required Finding. In addition to the requirements for findings of fact as established by California law or other provisions of this code, the approval of a conditional use permit for a bed and breakfast shall require the following additional findings:

1. The property is physically suitable for use as a bed and breakfast facility;

2. The use of the property as a bed and breakfast will not cause an undue burden on adjacent and nearby property owners.

G. Transient Occupancy Tax. Bed and breakfast facilities shall be subject to all applicable provisions of Chapter

3.24 of the municipal code.

H. Commencing January 3, 2024, which is the effective date of Ordinance No. 618 which modified this section, there shall be no processing of, or issuance for, any applications for a Bed and Breakfast Inn. This section shall not apply to an existing Bed and Breakfast Inn with a valid Minor Use Permit or Conditional Use Permit. (Ord. 588 § 2(Exh. A), 2-2-2021; Ord. 550 § 1, 2016; Ord. 299 § 1, 1997) 52 CLICK HERE to Return to Agenda
Created: 2024-08-07 10:59:38 [EST]
(Supp. No. 5, Update 3)

9.140.090 MU mixed use overlay regulations.

A. Purpose. To facilitate the development of mixed use projects that include both multifamily residential and commercial components in a cohesively designed and constructed manner. The mixed use overlay district will contribute to vehicle trip and associated air pollutant reductions by locating residents in close proximity to services, employment, and transportation hubs, and by providing interconnected multi-purpose paths for alternative modes of transportation.

B. Applicability. The MU overlay district and the provisions of this section apply to all areas designated VC, CR, CP, CC, CN, CT and CO districts. These regulations shall apply in addition to the regulations of the underlying base district. In case of conflict between the base district and the MU regulations, the MU regulations shall control.

C. Definitions. See Chapter 9.280.

D. Permitted Uses.

1. Any use permitted or conditionally permitted in the underlying district.

2. Mixed use projects consisting of both multifamily residential (apartments, condominiums, live/work, and similar housing types) and commercial/office components.

E. Development Standards.

1. Mixed use projects shall include both a commercial and/or office component and a multifamily residential component, which are fully integrated with regard to access, connectivity, and public safety.

Residential uses with a density of twelve (12) to twenty-four (24) units, must comprise a minimum of thirty-five percent (35%) of the total square footage of the proposed project, with the exception of conversion of existing commercial buildings or portions thereof to live/work units. Mixed use projects can be designed vertically (residential development over commercial development) or horizontally (residential development next to commercial development).

2. Minimum lot sizes shall be one (1) acre, with the exception of the VC district where lot sizes can be less than one (1) acre. To maximize design options, development of mixed use projects on lot assemblages or lots greater than one (1) acre is encouraged.

3. The use of vacant pads for mixed use projects in existing commercial development along Highway 111 is encouraged.

4. Minimum densities for residential development shall be twelve (12) dwelling units per acre, with the exception of conversion of existing commercial buildings or portions thereof to live/work units.

5. Maximum densities for residential development shall be twenty-four (24) dwelling units per acre.

Higher densities may be achieved through density bonuses, where applicable.

6. The residential component of mixed use projects shall be subject to the setback requirements of the underlying commercial district.

7. Maximum Height. A mixed use project may be up to twenty-five percent (25%) more in height than in the base district, if approved in the site development permit.

Mixed Use Overlay District Maximum Building Height
Underlying District Maximum Height
CR 60 feet
CP 45 feet
53 CLICK HERE to Return to Agenda
Created: 2024-08-07 10:59:38 [EST]
(Supp. No. 5, Update 3)

CC 40 feet
CN 35 feet
VC 45 feet*,**
CT 55 feet
CO 55 feet
*In the VC underlying district, when a minimum of one-half the required parking spaces are located beneath the principal mixed use structure, the number of stories shall be measured from the finished floor of the building's ground floor and shall not include the parking level.
** Building height from forty-six (46) to sixty (60) feet may be permitted with approval of a CUP. See Section 9.70.110.

8. Floor Area Ratio (FAR). Mixed use projects are exempt from the floor area ratio requirements of the underlying district.

9. The first (ground) floor of a multi-story mixed use project located within three hundred (300) feet of the Highway 111 right-of-way shall consist of commercial and/or office development. Residential uses on the first (ground) floor are prohibited.

10. New buildings (constructed after the date of approval of this code) in mixed use projects shall not be longer than three hundred (300) feet to facilitate convenient public access around the building.

11. Pedestrian, bicycle, and other nonmotorized travel connections, including sidewalks, trails, and/or crosswalks, are required between the commercial/office and residential components of the project, as well as leading to/from street fronts, bus stops, public gathering places, and adjacent properties. They shall be located off-street and separated from vehicle travel lanes and parking lot driving aisles.

12. Physical barriers, such as walls and fences, between the commercial/office and residential components of a mixed use project are discouraged; however, they may be used where necessary and appropriate, including for public safety or the screening of outdoor storage facilities.

13. Public Spaces.
a. Public gathering spaces that provide active and/or passive amenities for passersby are highly encouraged. Communal spaces may include, but are not limited to, pedestrian plazas, shaded benches, public art, and landscape or hardscape features. b. Public spaces should be centrally located or located near active land uses to assure their frequent usage and safety.

14. Parking. Parking and loading requirements shall be in conformance with Chapter 9.150 of this code, subject to the following provisions:
a. Opportunities for shared and/or reduced parking between the commercial/office and residential components of the project are encouraged, subject to the requirements of Section 9.150.060 (Shared parking), as a means to better match parking demand with availability during various hours of the day.
b. Mixed use projects shall provide preferred parking for electric vehicles and vehicles using alternative fuels in accordance with Section 9.150.110.

15. Bicycle racks shall be provided to serve both commercial/office and residential components of the project, and shall comply with the requirements of Chapter 9.150.

16. Landscaping shall comply with Section 9.100.040 of this code and the requirements of the underlying district. Additional landscaping may be required to minimize impacts to adjacent properties.

17. Outdoor lighting shall comply with Sections 9.100.150 and 9.60.160 of this code. 54 CLICK HERE to Return to Agenda
Created: 2024-08-07 10:59:38 [EST]
(Supp. No. 5, Update 3)

18. Signage shall be in conformance with Chapter 9.160 of this code and the requirements of the underlying district. Monument and other signage that enhances the cohesion of the development may be required.

19. Entry Drive. An entry drive that provides principal vehicular access into the residential component of the project is required.

20. Entry Statement. Projects with fifty (50) or more residential units shall include vehicular and pedestrian entry statements that convey a sense of arrival into the development. Examples include, but are not limited to, specimen trees, boulder groupings, textured or stamped concrete, and monument signage.

21. Special attention shall be given to the use of aesthetic treatments, such as colored/textured paving or decorative gates, that contribute to the overall image and connectivity of the development.

22. New mixed use development shall relate to adjacent single-family residential districts in the following ways:
a. By stepping down the scale, height, and density of buildings at the edges of the project adjacent to less intense development. Step the building down at the ends or sides nearest a single-family unit, to a height similar to that of the adjacent single-family unit (or of typical single-family residences in the vicinity if adjacent to an undeveloped single-family zoning district). b. By incorporating architectural elements and materials that are similar to those used in the neighborhood.
c. By locating parking areas within the project interior or at the side or back when necessary to achieve the "residential front yard" appearance.
d. By avoiding, wherever feasible, the construction of walls on local streets in existing neighborhoods where the wall would be located opposite front yards.

F. Mixed Use Incentives.

1. Mixed use projects that provide a minimum of thirty percent (30%) of total project square footage for retail uses shall receive a density bonus of ten percent (10%) for the residential component of the project.

2. Outside the Village Build-Out Plan Area, mixed use projects that include pedestrian, bicycle and golf cart circulation and facilities (paths, shaded parking, etc.) separate from vehicular circulation and facilities can reduce their vehicle parking requirement by fifteen percent (15%).

3. Development proposals for mixed use projects shall receive expedited entitlement and building permit processing.

4. Mixed use projects shall receive a ten percent (10%) reduction in plan check and inspection fees.

5. Mixed use projects that include a minimum of two (2) public spaces or gathering features, as deemed of sufficient size and purpose by the city, shall receive a density bonus of up to fifteen percent (15%). (Ord. 603 § 1(Exh. A), 2022; Ord. 584 § 2, 2020; Ord. 562 § 1, 2017; Ord. 553 § 1, 2017; Ord. 550 § 1, 2016) 55 CLICK HERE to Return to Agenda
Created: 2024-08-07 10:59:38 [EST]
(Supp. No. 5, Update 3)

9.150.010 Purpose and intent.

A. Purpose. These regulations are intended to: (1) provide for off-street parking of motor vehicles attracted by the various land uses in the city; (2) ensure the health, safety and welfare of the public by preventing obstruction of rights-of-way and fire lanes; and (3) provide for properly designed parking facilities with adequate numbers of parking spaces in order to reduce traffic congestion, promote business and enhance public safety.

B. Parking Required. Off-street parking is required for all land uses in accordance with this chapter. (Ord. 550 § 1, 2016; Ord. 284 § 1, 1996)
56 CLICK HERE to Return to Agenda
Created: 2024-08-07 10:59:38 [EST]
(Supp. No. 5, Update 3)

9.150.050 Determination of spaces required.

A. Method of Determination. Off-street vehicle parking requirements shall be determined and provided in accordance with this section when the subject building or structure is constructed or a use is established or changed. In determining such off-street parking requirements, the city may use the alternative methods described in this section. The city reserves the option of requiring the use of more than one (1) of these methods, depending on the type, size and mix of uses in a proposed development.

B. In the Village Build-Out Plan Area, a reduction of fifty percent (50%) of required off-street spaces for nonresidential uses is allowed. Development projects that include residential uses shall require a minimum of one covered off-street space per unit. No additional parking is required for a change in nonresidential use.

After application of the 50% reduction, parking spaces required but not provided on-site can be provided through the preparation of a parking plan that can include:

1. Use of on-street parking spaces immediately adjacent to the project, to the satisfaction of the director.

2. A shared parking agreement with adjacent property owner.

3. A fair share contribution to the in lieu fee program.

4. Other alternative methods listed in subsection C approved in a site development permit.

C. Alternative Methods. Section 9.150.060 specifies the standard number of parking spaces required for most land uses. This schedule is required unless the applicant can show to the satisfaction of the city decisionmaking authority that it does not apply. Other alternative methods herein below may then be employed to determine the required parking spaces:

1. A recognized authority's shared parking methodology for calculating the peak demand over time for parking in a development of mixed uses using the same parking facilities as specified in Section

9.150.070;

2. A city methodology for calculating the parking demand for extremely complex or unusual uses or combinations of uses for which the standard schedule, a recognized authority's methodology and/or verifiable data are not applicable. Some or all of the following factors may be utilized in this methodology: expected numbers of occupants, employees, customers or visitors, vehicles stationed on the site, service and loading spaces required, handicapped spaces required, emergency access considerations and use of parking by unauthorized vehicles.

D. Parking In-Lieu Program. The city may permit required parking spaces in the Village Build-Out Plan Area to be reduced through execution of a parking agreement, subject to the following requirements:

1. A binding agreement, recorded against the property, between this city and the property owner. The agreement shall contain, at a minimum, all of the following:
a. The agreement shall be binding upon the parties thereto, their heirs, successors and assigns, and shall run with the land;
b. A payment schedule with a payment period not exceeding four (4) years. If an assessment/benefit or parking improvement district is established, the obligation of the property owner shall become due and payable under the terms of such district; c. A cash mitigation payment. The amount per space shall be established as determined by the planning and public works divisions, plus an inflation factor. The amount will be calculated at the time of agreement execution.

2. An irrevocable offer from the property owner to participate in any future assessment/benefit or parking improvement district that may be formed in the VC or MU overly districts. 57 CLICK HERE to Return to Agenda
Created: 2024-08-07 10:59:38 [EST]
(Supp. No. 5, Update 3)

3. The money collected may be released to a city-created parking assessment/benefit or parking improvement district, or may be used in the furtherance of general parking improvements in the VC or MU overlay districts, at the option of the city. Any financial obligation issued against such property shall be reduced accordingly to the amount of mitigation money paid at the time of the district formation.

4. The property owner shall secure the mitigation payment by providing the city with a second deed of trust in the amount of the total mitigation payment.

E. Incentive Based Parking Adjustments. In all districts, the following may result in a reduction in parking spaces of up to fifteen percent (15%), subject to approval by the planning commission:

1. Permanent, non-vegetation shade structures covering fifty percent (50%) of all parking spaces.

2. Increased landscaping and public spaces.

3. Pedestrian improvements not located in the right-of-way or project driveways.

4. Vehicular and nonvehicular connections between projects.

5. Use of pervious surfaces for drainage, or creative drainage solutions.

6. New commercial and mixed use development providing preferred parking locations for electric and other alternative fuel vehicles.

7. Developments that provide a minimum of two (2) parking spaces or of the minimum number of spaces, whichever is greater, for golf carts and neighborhood electric vehicles (NEV) shall receive a parking credit reduction equal to five percent (5%) of the standard parking spaces required for that development.
(Ord. 562 § 1, 2017; Ord. 553 § 1, 2017; Ord. 550 § 1, 2016; Ord. 284 § 1, 1996) 58 CLICK HERE to Return to Agenda
Created: 2024-08-07 10:59:38 [EST]
(Supp. No. 5, Update 3)

9.150.070 Spaces required by use.

A. Land Uses Not Listed. If no provisions for the required number of off-street parking spaces are set forth in Tables 9-11 or 9-12 of this section or the provisions are not clear for a specific use, the decision-making authority for the applicable use or project shall determine the number of parking spaces required.

B. Parking for Residential Land Uses. Table 9-11 contains the minimum number of parking spaces required for each type of residential land use. Whenever any commercial or industrial use is located on a building site that is also used for residential purposes, parking facilities shall be provided in conformance with Section

9.150.070 (Shared Parking).

C. Parking for Nonresidential Land Uses.

1. Adequate Parking Required. All nonresidential land uses shall provide off-street parking in compliance with this subsection and with Table 9-12 unless modified by the provisions contained in Section

9.150.050. Table 9-12 sets forth the minimum and maximum requirements for each use. It shall be the responsibility of the developer, owner or operator of any use to provide adequate off-street parking.

2. Bicycle Parking. In addition to the automobile parking spaces required per Table 9-12, bicycle parking shall be provided for certain nonresidential uses in accordance with subsection (C)(3) of this section.

Table 9-11 Parking for Residential Land Uses
Land Use Minimum Off-Street
Parking Requirement
Additional
Requirements
Single-family detached,
single-family attached and
duplexes
2 spaces per unit in a garage
plus 0.5 guest spaces per unit
if no on-street parking is
available
For all single-family
residential zones except RC,
parking in excess of the
minimum required may be
tandem
In a garage, tandem parking
may be used to meet the
above-stated minimum
required parking in the RC
district only
Employee quarters 1 space per unit. This space
shall not be tandem.

Apartments, townhomes and
condominiums:

All parking spaces shall be
distributed throughout the
site to ensure reasonable
access to all units.

Development projects in the
Village Build-Out Area that include
residential uses shall require one
covered off-street parking space
per residential unit.
(1) Studio 1 covered space per unit,
plus 0.5 guest spaces per unit
(2) One- and two-bedroom 2 covered spaces per unit
plus 0.5 guest spaces per unit
(3) Three or more bedroom 3 covered spaces per unit
plus 0.5 covered spaces per
each bedroom over three,
plus 0.5 guest spaces per unit
59 CLICK HERE to Return to Agenda
Created: 2024-08-07 10:59:38 [EST]
(Supp. No. 5, Update 3)

Mobilehome parks 2 covered spaces/unit, which
may be in tandem, plus 0.5
guest spaces per unit
Senior housing (excluding
single family units)
1 covered space per unit,
plus 0.5 guest spaces per unit
Senior group housing/senior
citizen hotels and congregate
care facilities

0.5 covered spaces per unit
plus 0.5 guest spaces per unit
Lodging and Child Daycare Uses
Bed and breakfast inns 1 space per guest room plus
parking for residents as
required by this code.

Boardinghouse,
roominghouse, and single
room occupancy hotels
1 space per sleeping room
Child daycare centers,
including preschools and
nursery schools
1 space per staff member
plus 1 space per 5 children.

Parking credit may be given if
queuing area for more than 4
cars is provided, but resulting
parking shall be not less than
1 per staff member plus 1 per
10 children
Stacking analysis may be
required to define a drop-off
facility that accommodates at
least 4 cars in a continuous
flow, preferably one-way, to
safely load and unload
children
Recreational vehicle parks 1 automobile parking space
on each recreational vehicle
lot plus 1 space per 20
recreational lots for visitors
Table 9-12 Parking for Nonresidential Land Uses
Land Use Minimum Off-Street
Parking Requirement
Maximum Off-Street
Parking Requirement
Additional
Requirements
Commercial Uses
Bars and cocktail
lounges
1 space per 50 sq. ft.

GFA including
indoor/outdoor
seating areas (see
also Restaurants)
1 space per 25 sq. ft.

GFA including
indoor/outdoor
seating areas (see
also Restaurants)
Lumberyards and
nurseries
1 space per 1,000 sq.
ft. GFA indoor area,
plus 1 space per
1 space per 500 sq.
ft. GFA indoor area,
plus 1 space per
60 CLICK HERE to Return to Agenda
Created: 2024-08-07 10:59:38 [EST]
(Supp. No. 5, Update 3)

1,000 sq. ft. of
outdoor display or
sale area
1,000 sq. ft. of
outdoor display or
sale area
Model home
complexes
10 spaces N/A
Personal service
establishments
3 spaces per 1,000
s.f.
4 spaces per 1,000
s.f.

Restaurants:
(1) Conventional sitdown, including any
bar area
1 space per 125 sq.
ft. GFA including
indoor and outdoor
seating areas
1 space per 75 sq. ft.

GFA including indoor
and outdoor seating
areas
(2) Drive-through and
fast food
1 space per 100 sq.
ft. GFA, including
indoor and outdoor
seating areas, but not
less than 10 spaces.

N/A
(1) General retail
uses under 100,000
sq. ft. GFA
1 space per 300 sq.
ft. GFA
1 space per 250 sq.
ft. GFA
For shopping centers,
freestanding
restaurants and nonfreestanding
restaurant space in
excess of 20% of the
total shopping center
GFA shall be
computed separately
using the applicable
restaurant parking
ratio(s)
(2) General retail
uses 100,000 sq. ft.

GFA and greater
1 space per 350 sq.
ft. GFA
1 space per 300 sq.
ft. GFA
Furniture and
appliance stores
1 space per 1000 sq.
ft. GFA
1 space per 750 sq.
ft. GFA
Warehouses, storage
buildings or
structures used
exclusively for
storage
1 space per 2,000 sq.
ft. of gross area for
storage purposes
1 space per 1,000 sq.
ft. of gross area for
storage purposes
Mini-storage facilities 1 space per 5,000 sq.
ft. plus 2 spaces for
any caretaker's unit
N/A
Office and Health Care Uses
61 CLICK HERE to Return to Agenda
Created: 2024-08-07 10:59:38 [EST]
(Supp. No. 5, Update 3)

Convalescent
hospitals, nursing
homes, children's
homes and
sanitariums
1 space per 4 beds
based on the
resident capacity of
the facility as listed
on the required
license or permit
Minimum 30% of
required spaces shall
be covered by a
trellis or carport
structure See also
senior group housing
(senior citizen hotels)
under residential
uses
General offices, other
than medical, dental,
banks, savings and
loans, credit unions
and similar financial
institutions
1 space per 300 sq.
ft. GFA
1 space per 250 sq.
ft. GFA
Minimum 30% of
required spaces shall
be covered by a
trellis or carport
structure Rates are
for office uses only. If
ancillary uses are
included, such as
restaurants or retail
establishments,
parking for such uses
must be provided per
their applicable rates
Hospitals 1.75 spaces per bed
Medical or dental
offices/clinics
1 space per 200 sq.
ft. GFA
1 space per 175 sq.
ft. GFA
Minimum 30% of
required spaces shall
be covered by a
trellis or carport
structure
Veterinary hospitals
and clinics
1 space per 400 sq.
ft. GFA exclusive of
overnight boarding
areas
1 space per 300 sq.
ft. GFA exclusive of
overnight boarding
areas
Automotive Uses
Automobile repair
facilities
1 space per 250 sq.
ft. of sales area
1 space per 200 sq.
ft. of sales area, plus
2 spaces per service
bay
Automobile Fueling: N/A
(1) Without retail
sale of beverage and
food items
1 space per 500 sq.
ft. GFA
62 CLICK HERE to Return to Agenda
Created: 2024-08-07 10:59:38 [EST]
(Supp. No. 5, Update 3)

(2) With retail sale of
beverage and food
items
1 space per 400 sq.
ft. GFA
Automobile, truck,
boat, and similar
vehicle sales or rental
establishments
1 space per 500 sq.
ft. GFA (not including
service bays), plus 1
space per service bay
N/A Parking is for
customers and
employees, and is
not to be used for
display.

Car washes: N/A Applicant may be
required to submit a
parking study which
includes a stacking
analysis for the
proposed facility
(1) Full-service 10 spaces
(vacuuming or drying
areas shall not be
counted as parking
spaces)
(2) Express-service 2 spaces per facility
(wash bays shall not
be counted as
parking spaces)
Industrial Uses
General
manufacturing,
research and
development and
industrial uses
1 space per 500 sq.
ft. GFA
N/A
Warehousing and
distribution space
1 space per 1,000 sq.
ft. GFA
N/A
Assembly Uses
Auditoriums,
theaters, cinemas
1 space per 3 seats 1 space per 2.5 seats 18 lineal inches of bench shall be
considered 1 fixed
seat.

Churches, temples
and similar places of
assembly
1 space per 5 seats of
assembly area
1 space per 3 seats of
assembly area
18 lineal inches of
bench shall be
considered 1 fixed
seat. Parking will be
required at the same
rate for other
auditoriums,
assembly halls or
classrooms to be
used concurrently
63 CLICK HERE to Return to Agenda
Created: 2024-08-07 10:59:38 [EST]
(Supp. No. 5, Update 3)

with the main
auditorium
Nightclubs,
dancehalls, lodge
halls and union halls
1 space per 50 sq. ft.

GFA, plus required
parking for other
uses on the site
1 space per 35 sq. ft.

GFA, plus required
parking for other
uses on the site
Mortuaries and
funeral homes
1 space for every 5
seats of assembly
room floor area
1 space for every 3
seats of assembly
room floor area, plus
1 space for each
vehicle stored onsite,
plus 5 spaces for
employees
Community centers 1 space per 300 sq.
ft. GFA
1 space per 200 sq.
ft. GFA
Lodging and Child Daycare Uses
Daycare centers,
including preschools
and nursery schools
1 space per 300 sq.
ft. GFA, plus 1.5
spaces per employee
1 space per 250 sq.
ft. GFA, plus 1.5
spaces per employee
Stacking analysis
shall be required to
define a drop-off
facility that
accommodates safely
loading and
unloading children
Hotels & motels and
village hospitality
homes

1.1 spaces per guest
bedroom plus
required parking for
other uses on the site

1.3 spaces per guest
bedroom plus
required parking for
other uses on the site
Timeshare facilities,
fractional ownership
and similar facilities

1.3 spaces per
dwelling or guest unit
plus required parking
for other uses on the
site

1.5 spaces per
dwelling or guest unit
plus required parking
for other uses on the
site
Recreational Uses
Arcade, game and
video
1 space per 200 sq.
ft. GFA
Billiard or pool
establishments
1 space per 150 sq.
ft. GFA
1 space per 100 sq.
ft. GFA
Bowling alleys 4 spaces per alley
plus required parking
for other uses on the
site
5 spaces per alley
plus required parking
for other uses on the
site
64 CLICK HERE to Return to Agenda
Created: 2024-08-07 10:59:38 [EST]
(Supp. No. 5, Update 3)

Golf uses: N/A
(1) Driving ranges 1 space per tee, plus
the spaces required
for additional uses on
the site
(2) Pitch and putt,
par three and
miniature golf
courses
3 spaces per hole,
plus the spaces
required for
additional uses on
the site
(3) Regulation
courses
5 spaces per hole,
plus the spaces
required for
additional uses on
the site
8 spaces per hole,
plus the spaces
required for
additional uses on
the site
Tennis courts,
handball/racquetball,
and other courtbased facilities
3 spaces per court 4 spaces per court
Health clubs,
membership gyms
and commercial
swimming pools
1 space per 200 sq.
ft. GFA (for purposes
of this use, swimming
pool area shall be
counted as floor
area)
1 space per 150 sq.
ft. GFA (for purposes
of this use, swimming
pool area shall be
counted as floor
area)
Libraries/museums 1 space per 300 sq.
ft. GFA
1 space per 200 sq.
ft. GFA
Shooting ranges 1 space per shooting
station plus 5 spaces
for employees
Skating rinks, ice or
roller
1 space per 250 sq.
ft. GFA
1 space per 200 sq.
ft. GFA
Stables, commercial 1 space per each 5
horses kept on the
premises
1 space per each 4
horses kept on the
premises
Public and Semipublic Uses
Public utility facilities
not having business
offices on the
premises, such as
1 space per
employee plus 1
space per vehicle
used in connection
with the facility
N/A
65 CLICK HERE to Return to Agenda
Created: 2024-08-07 10:59:38 [EST]
(Supp. No. 5, Update 3)

electric, gas, water,
telephone facilities
Schools: N/A
(1) Elementary and
junior high or middle
schools
2 spaces per
classroom
(2) Senior high
schools
10 spaces per
classroom
(3) Colleges,
universities and
institutions of higher
learning
20 spaces per
classroom
(4) Trade schools,
business colleges and
commercial schools
20 spaces per
classroom
Emergency and
Homeless Shelters,
Low Barrier
Navigation Centers
1 space per
employee.

3. Required Bicycle Parking. Bicycle parking shall be provided for certain nonresidential uses in order to encourage the use of bicycles and to mitigate motor vehicle pollution and congestion. The minimum bicycle parking requirements for nonresidential uses are as follows:
a. Land uses required to provide bicycle parking equal to minimum three percent (3%) of the total parking spaces required per Table 9-12 include: video arcades, bowling alleys, cinemas/movie theaters, commercial recreation, tennis clubs, health clubs, libraries, schools, and skating rinks. b. Land uses required to provide a minimum of five (5) bicycle parking spaces include: churches, clubs/halls, hospitals and restaurants (all categories). c. Land uses required to provide a minimum of one (1) bicycle parking for every twenty-five thousand (25,000) square feet of gross floor area include governmental, general, medical and financial office uses.
d. In addition to the requirements of subsections (C)(2)(a) through (c) of this section, retail centers shall provide five (5) bicycle parking spaces for each tenant having over twenty thousand (20,000) square feet of gross floor area. The spaces shall be provided at or near the major tenant's main entry.
e. Bike racks shall be placed in shaded locations, out of the way of pedestrian flows and shopping cart storage and shall be provided with a mechanism which permits locking a bicycle onto the rack.
(Ord. 603 § 1(Exh. A), 2022; Ord. 602 Exh. A, 2022; Ord. 550 § 1, 2016; Ord. 528 § 3, 2016; Ord. 505 § 1, 2012; Ord. 361 § 1, 2001; Ord. 325 § 1, 1998; Ord. 284 § 1, 1996)
66 CLICK HERE to Return to Agenda
Created: 2024-08-07 10:59:40 [EST]
(Supp. No. 5, Update 3)

9.210.020 Conditional use permits.

A. Purpose. The purpose of a conditional use permit is to provide for individual approval or denial of land uses requiring such permits under this code. Uses requiring these permits have potential for adverse impacts on surrounding properties, residents or businesses. Therefore, when such uses are approved, conditions are placed on their establishment and operation to mitigate or eliminate such impacts.

B. Definitions. See Chapter 9.280.

C. Applicability. A conditional use permit is required for all land uses identified in this code as requiring such permits.

D. Decision-Making Authority. Conditional use permits shall be reviewed by the planning commission in conjunction with a public hearing held pursuant to Section 9.200.100.

E. Compliance with Permit. The establishment and operation of any land use authorized under a use permit and any development associated with the permit shall be in compliance with the approved permit and any plans, specifications and conditions of approval shown on and/or attached to the permit at all times.

F. Required Findings. The following findings shall be made by the decision-making authority prior to the approval of a conditional use permit:

1. Consistency with General Plan. The land use is consistent with the general plan.

2. Consistency with Zoning Code. The use is consistent with the provisions of this zoning code.

3. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act.

4. Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity.

G. Appeals. Appeals to decisions on use permits shall be reviewed pursuant to Section 9.200.110.

H. Expiration and Time Extensions. The period of validity for establishment or time extension of a conditional use permit shall be pursuant to Section 9.200.080.

I. Amendments. Amendments to use permits shall be processed pursuant to Section 9.200.100.

J. The use permit may be modified or revoked by the city council, or planning commission, should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare, or materially injurious to property, or improvements in the vicinity, or if the property is operated or maintained, so as to constitute a public nuisance. (Ord. 584 § 2, 2020; Ord. 550 § 1, 2016; Ord. 538 § 7, 2016; Ord. 489 § 1, 2011; Ord. 325 § 1, 1998; Ord. 284 § 1, 1996)
67 CLICK HERE to Return to Agenda
Created: 2024-08-07 10:59:40 [EST]
(Supp. No. 5, Update 3)

9.210.050 Temporary use permits.

A. Purpose. The purpose of a temporary use permit is to regulate certain temporary land uses and activities to ensure that adverse impacts on surrounding properties, residents and businesses are minimized, that the time limitations for temporary uses are specified and complied with, and that the site of the temporary use is restored to its condition prior to establishment.

B. Applicability. A temporary use permit is required for temporary uses permitted under this code.

C. Decision-Making Authority. Temporary use permits shall be reviewed administratively by the director pursuant to Section 9.200.020.

D. Conditions of Approval. If a temporary use is approved, conditions may be placed on the permit to mitigate or eliminate adverse impacts on surrounding properties, residents or businesses.

E. Precise Development Plan. Any use or development authorized under such a permit shall be in compliance with the plans, specifications and conditions of approval shown on and/or attached to the approved permit.

F. Required Findings. Findings required for approval of a temporary use permit shall be deemed to have been made if the director determines that the findings set forth for such temporary uses in the applicable section of this code have been satisfied.

G. Time Limits. A temporary use permit shall be approved for no longer than 18 months, except as specified for stated temporary uses in their applicable sections of this code.

H. Extensions. A temporary use permit may be extended for up to 12 months. The filing of an application for extension shall stay expiration of the permit until action is taken on the time extension by the decisionmaking authority unless the application has been deemed incomplete and inactive pursuant to Section 9.200.070(B).

I. The use permit may be modified or revoked by the director, should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare, or materially injurious to property, or improvements in the vicinity, or if the property is operated or maintained, so as to constitute a public nuisance.
(Ord. 550 § 1, 2016; Ord. 538 § 7, 2016; Ord. 325 § 1, 1998; Ord. 284 § 1, 1996) 68 CLICK HERE to Return to Agenda
Created: 2024-08-07 10:59:48 [EST]
(Supp. No. 5, Update 3)

13.12.100 Public notice procedure.

A. Public Notice. Public hearings shall be held on tentative maps as set forth in Table 13-1. Notice of such hearings shall be published at least one (1) time not less than ten (10) days before the date of the public hearing. The notice shall include the following information:

1. The time and place of the public hearing;

2. The hearing body or officer;

3. A general explanation of the matter to be considered;

4. A general description of the property in text or diagrammatic form;

5. Map preparer/subdivider representative.

B. Specific Hearing Notification. Notices of public hearings shall be mailed or delivered to the following people/entities at least ten (10) days prior to the hearing:

1. Either the owner of the subject property or the owner's duly authorized agent;

2. The project subdivider;

3. Each agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected;

4. All owners of real property within five hundred (500) feet of the property in question, as shown on the latest updated equalized assessment roll.
(Ord. 539 § 3, 2016; Ord. 295 § 1, 1997; Ord. 272 § 1, 1995) 69 CLICK HERE to Return to Agenda
Ordinance No. 618
Zoning Ordinance Amendment 2024-0001
Amendments to Titles 9 and 13
Adopted: December 3, 2024

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. 618 which was introduced at a regular meeting on the November 19, 2024 and was adopted at a regular meeting held on the December 3, 2024, 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. 2022-27.
_______________________
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 December 4, 2024, pursuant to Council Resolution.
_______________________
MONIKA RADEVA, City Clerk
City of La Quinta, California
70 CLICK HERE to Return to Agenda
City of La Quinta
CITY COUNCIL MEETING: December 3, 2024

STAFF REPORT
AGENDA TITLE: DISCUSS DRAFT COACHELLA VALLEY POWER AGENCY JOINT

POWERS AGREEMENT REGARDING GROWTH AND DEVELOPMENT OF ELECTRIC

POWER IN THE EASTERN COACHELLA VALLEY

RECOMMENDATION
Discuss the draft Coachella Valley Power Agency Joint Powers Agreement regarding growth and development of electric power in the eastern Coachella Valley, and provide direction.

EXECUTIVE SUMMARY
 The 99-year Agreement of Compromise (Agreement) between the Coachella Valley Water District (CVWD) and Imperial Irrigation District (IID), making IID the electrical service provider for the greater Coachella Valley (CV) is set to expire on December 31, 2032.
 The IID Board is elected by registered voters within IID’s jurisdictional boundary, which is limited to Imperial County, without any representation from Riverside County, or the Coachella Valley (CV) which accounts for approximately 65% of IID’s energy revenues.
 The proposed draft Coachella Valley Power Agency (CVPA) Joint Powers Agreement (JPA) is a starting point in establishing an independent public agency for Riverside County and the CV in order to give stakeholders the authority they have long sought with regard to electrical service.

FISCAL IMPACT – None.

BACKGROUND/ANALYSIS
The 99-year Agreement between CVWD and IID, making IID the electrical service provider for the greater CV is set to expire on December 31, 2032.

IID’s Board is comprised of five officials elected by registered voters within IID’s jurisdictional boundary, which is limited to Imperial County.

Riverside County’s voters are ineligible to serve on IID’s Board or vote in IID’s elections even though approximately 65% of IID’s energy revenues are generated by ratepayers in the CV. This would change with the proposed formation of the CVPA via the draft JPA, STUDY SESSION ITEM NO. 1
71 CLICK HERE to Return to Agenda
which would have a board made up of representatives from each of the stakeholder entities with voting power.

In July 2021, IID formed the Coachella Valley Energy Commission (CVEC), comprised of stakeholder entities including the Cities of La Quinta, Indio and Coachella, portions of the Cities of Palm Desert, Rancho Mirage and Indian Wells, tribes and areas of unincorporated Riverside County, to determine the energy needs of the greater CV beyond 2032.

After three years of meetings and study sessions that included lengthy discussions and input from a consultant, CVEC members feel that forming the CVPA under a JPA may be the best way forward, with administrative assistance provided by the Coachella Valley Association of Governments (CVAG) during the startup process.

This JPA is a starting point in establishing the CVPA, an independent public agency, in order to give stakeholders the authority they have long sought with regard to electrical service. Each member party would have the ability to exercise powers to promote, develop, conduct, operate, and manage energy generation and distribution in the eastern CV toward achieving reliable, cost-effective public power.

A resolution endorsing the draft CVPA JPA was presented to CVEC on November 15, 2024, but not voted on to give Commissioners and CVAG time to get input from the respective city councils/boards/entities involved. CVEC may vote on the resolution during its December 12, 2024, meeting.

Increasing population, system reliability, aging infrastructure, capacity limitations, new development, frequent service outages, and questions regarding timely implementation of capital improvements are among concerns that have driven the need for CV stakeholders to provide oversight on electrical service matters.

Overall system capacity is also impacting new development that can’t be served by the current substations and grid provided by IID.

IID has identified that $1.5 billion is currently needed to maintain and improve generation and transmission capability in IID’s service territory. The City has been working with developers and IID in determining how to add substations needed for growth through a possible cost-sharing agreement.

ALTERNATIVES
Staff proposes no alternatives as this item is for discussion.

Prepared by: Sherry Barkas, Marketing and Communications Specialist Approved by: Jon McMillen, City Manager
Attachment: 1. Draft CVPA JPA
72 CLICK HERE to Return to Agenda

COACHELLA VALLEY POWER AGENCY

JOINT POWERS AGREEMENT
Discussion Draft Dated 11-15-2024
Among the Following Parties:

Augustine Band of Cahuilla Indians
Cabazon Band of Cahuilla Indians
City of Coachella
Coachella Valley Water District
Torres Martinez Desert Cahuilla Indians
City of Indio
City of Indian Wells
City of La Quinta
Twenty-Nine Palms Band of Mission Indians
City of Palm Desert
County of Riverside
City of Rancho Mirage
ATTACHMENT 173 CLICK HERE to Return to Agenda
Coachella Valley Power Agency
Joint Powers Agreement
November 15, 2024
2 COACHELLA VALLEY POWER AGENCY

JOINT POWERS AGREEMENT
This Joint Powers Agreement (“Agreement”), effective as of Month Day, Year is made and entered into pursuant to the provisions of Title 1, Division 7, Chapter 5, Article 1 (Section 6500 et seq.) of the California Government Code relating to the joint exercise of powers among the parties set forth in Exhibit B (individually “Party” or “Member”, collectively “Parties” or “Members”). The term “Parties” or “Members” shall also include an incorporated municipality, county, Indian tribe or other eligible entity added to this Agreement in accordance with Section 2.4.

RECITALS
A. Chapter 5 of Division 7 of Title 1 of the California Government Code (the “Act”) authorizes the Parties to create a joint exercise of powers entity which has the power to exercise any powers common to the Parties and to exercise additional powers granted to it under the Act or other California statutes, as applicable.

B. The Parties share various powers under California law, including but not limited to the power to manage, own, operate, purchase, supply, transport, aggregate electricity related enterprises, facilities, equipment, and programs for themselves and customers within their jurisdictions.

C. The Parties, by and through this Agreement, desire to establish a separate public agency, known as the Coachella Valley Power Agency, or CVPA, under the provisions of the Act (including without limitation Section 6502.1 of the Act), in order to collectively: (i) work collaboratively with the Imperial Irrigation District (“IID”) to enable flexibility in addressing the unique needs of CVPA, subgroups of its Members and each of its Members concerning generation and distribution electric services in the eastern Coachella Valley, and (ii) evaluate pathways to transition into a standalone provider of electric generation and distribution services in the eastern Coachella Valley.

D. The purpose of this Agreement is to establish an independent public agency, in order to exercise powers common to each Party, and to exercise additional powers granted to it under the Act and or other relevant legislative authorization(s), including to promote, develop, conduct, operate, and manage energy generation and distribution in the eastern Coachella Valley toward achieving reliable, cost-effective public power.

E. The purpose and intent further include long- and short-term investigation for establishing a stand-alone, integrated publicly-owned electric utility 74 CLICK HERE to Return to Agenda
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3 that is locally controlled and supports anticipated growth and development in eastern Coachella Valley, delivery of cost-competitive electricity, product choice, price stability, and augments energy-related climate goals of the Members.

AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions hereinafter set forth, it is agreed by and among the Parties as follows:

ARTICLE 1: DEFINITIONS AND EXHIBITS

1.1 Definitions. Capitalized terms used in the Agreement shall have the meanings specified in Exhibit A, unless the context requires otherwise.

1.2 Documents Included. This Agreement consists of this document and the following exhibits, all of which are hereby incorporated into this Agreement.

Exhibit A: Definitions
Exhibit B: List of the Proposed Initial Parties
Exhibit C: Annual Energy Use
Exhibit D: Voting Shares
Exhibit E: Signatures
ARTICLE 2: FORMATION OF COACHELLA VALLEY POWER AGENCY

2.1 Effective Date and Term. This Agreement shall become effective and CVPA shall exist as a separate public agency on Month Day, Year or when at least three of the proposed initial Parties listed in Section 2.4.1 representing a total of at least 50% of the “Annual Energy %” listed in Exhibit C execute this Agreement, whichever occurs later. CVPA shall provide notice to the Parties of the Effective Date. CVPA shall continue to exist, and this Agreement shall be effective, until this Agreement is terminated in accordance with Section 6.4, subject to the rights of the Parties to withdraw from CVPA.

2.2 Formation. There is formed as of the Effective Date a public agency named Coachella Valley Power Agency. Pursuant to Sections 6506 and 6507 of the Act, CVPA is a public agency separate from the Parties.

Pursuant to Section 6508.1 of the Act, the debts, liabilities or obligations of CVPA shall not be debts, liabilities or obligations of the individual Parties unless the governing board of a Party agrees in writing to assume any of the debts, liabilities or obligations of CVPA. A Party who has not agreed to assume a CVPA debt, liability or obligation shall not be responsible in any way for such debt, liability or obligation even if a majority of the Parties agree to assume the debt, liability or obligation of 75 CLICK HERE to Return to Agenda
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4 CVPA. Notwithstanding the above, if CVPA contracts with a public retirement system, the above provisions shall not apply with respect to the retirement liabilities of CVPA pursuant to Section 6508.1 of the Act.

Notwithstanding Section 7.5 of this Agreement, this Section 2.2 may not be amended unless such amendment is approved by the governing body of each Party.

2.2.1 Name. CVPA may change its name at any time through adoption of a resolution of the Board of Directors.

2.3 Purpose. The purpose of this Agreement is to establish an independent public agency in order to exercise powers common to each Party, and to exercise additional powers granted to it under the Act and or other relevant legislative authorization(s), in order to collectively address the unique needs of CVPA and each of its members concerning electric service in the eastern Coachella Valley and study and evaluate pathways to a transition to a standalone provider of electrical services in the eastern Coachella Valley. The purpose and intent further include longand short-term investigation, planning, constructing, owning, operating and managing power generation and delivery facilities through collaborative arrangements with one or more power related organizations. Such investigations could include any or all of the following:
a. Providing IID with the flexibility and ability to address the unique concerns and needs of CVPA and its individual Members, wherein it may be appropriate to apply rates, rules, regulations, and/or orders within the Coachella Valley that may differ from the rates, rules, regulations, and/or orders applicable to electric service within IID’s general jurisdictional boundary.
b. Evaluating pathways to a transition to a standalone provider of electrical services in the eastern Coachella Valley.
c. Establishing a stand-alone, integrated publicly owned utility.
d. Planning, constructing, owning, operating and managing electric power generation and distribution facilities within or for the benefit of the jurisdictions of the Parties within the eastern Coachella Valley.
e. Providing electric power and other forms of energy and energy services to customers at a competitive cost.
f. Promoting long-term electric rate stability, energy security, quality and reliability for residents through local control of electric 76 CLICK HERE to Return to Agenda
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5 generation resources and other energy related equipment and facilities.
g. Providing a vehicle for Parties to discuss, plan, implement and manage energy related policies which may benefit the Parties and the constituencies they represent.
h. Reviewing, promoting and administering, as applicable, effective and efficient use and allocation of Public Benefits Charge(s) pursuant to California Public Utilities Commission collection of such charges, or similar successor charges, for Members of CVPA.
i. Carrying out efficiency and conservation programs related to energy consumption.
j. Coordinating, cooperating and contracting with other energy related organizations to attain and improve energy production, efficiency and delivery facilities affecting the Parties and neighboring jurisdictions.
k. Entering into collaborative relationships with neighboring public power entities and other organizations and companies to help achieve the power supply generation and delivery goals of the Parties.
l. Stimulating and sustaining the local economy by
developing local jobs in renewable and conventional energy.

2.4 Membership in CVPA.

2.4.1 The eligible initial Members of CVPA are the Augustine Band of Cahuilla Indians, the Cabazon Band of Cahuilla Indians, the City of Coachella, the Coachella Valley Water District, the Torres Martinez Desert Cahuilla Indians, the City of Indio, the City of Indian Wells, the City of La Quinta, the Twenty-Nine Palms Band of Mission Indians, the City of Palm Desert, the County of Riverside, and the City of Rancho Mirage. Any of the abovenamed eligible initial Members may join CVPA by approving and executing this Agreement before or after the Effective Date and delivering a copy of the executed Agreement to the Members and, if this Agreement is already effective, the CVPA secretary.

2.4.2 Any other city, county or other eligible party may request to become a member of CVPA by submitting a resolution adopted by its City Council, Board of Supervisors, Tribal Council, Board of Directors or other official governing body, to the Board of CVPA. 77 CLICK HERE to Return to Agenda
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6 The Board shall review the request and shall vote to approve or disapprove the request. Such request shall be subject to approval by two-thirds of the Board as described in Section 3.8.3.

The Board may establish conditions, including but not limited to financial conditions, under which the prospective member may become a member of CVPA. The Board shall notify the then Members of CVPA of this request and the date that the request will be on the Board’s meeting agenda for action. The date set for Board action shall be at least forty-five (45) days from the date the notice is mailed to the Members. If the request is approved by the Board, the city, county or other eligible party shall become a member of CVPA under the terms and conditions set forth by the Board and upon approval and execution of this Agreement by the requesting city, county, or party.

2.5 Powers. CVPA shall have all powers common to the Parties and such additional powers accorded to it by law. CVPA is authorized, in its own name, to exercise all powers and do all acts necessary and proper to carry out the provisions of this Agreement and fulfill its purposes, including, but not limited to, each of the following powers, subject to the voting requirements set forth in Section 3.8:

2.5.1 to make and enter into contracts;

2.5.2 to employ agents and employees, including but not limited to an Executive Officer;

2.5.3 to lease, acquire, construct, contract, manage, maintain, and operate any buildings, infrastructure, works, or improvements;

2.5.4 to acquire property by eminent domain, or otherwise, except as limited under Section 6508 of the Act, and to hold or dispose of any property; however, CVPA shall not exercise the power of eminent domain within the jurisdiction of a Party over its objection without first meeting and conferring in good faith;

2.5.6 to sue and be sued in its own name;

2.5.7 to incur debts, liabilities, and obligations, including but not limited to loans from private lending sources pursuant to its temporary borrowing powers such as Government Code Sections 53850 et seq. and authority under the Act;

2.5.8 to form subsidiary or independent corporations or entities, if necessary, to carry out energy supply, energy delivery and energy conservation programs at the lowest reasonable cost or to take advantage of legislative or regulatory programs and funding; 78 CLICK HERE to Return to Agenda
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7 2.5.9 to issue revenue bonds and other forms of indebtedness;

2.5.10 to apply for, accept, and receive all licenses, permits, grants, loans or other aids from any federal, state, or local public agency or individuals or private entities;

2.5.11 to submit documentation and notices, register, and comply with orders, tariffs and agreements for the establishment and implementation of CVPA’s services, facilities and other energy programs;

2.5.12 to adopt Operating Rules and Regulations;

2.5.13 to establish ordinances, policies, rules, rates, fees, charges and surcharges (including without limitation development impact fees) related to energy services, programs, projects and general operations undertaken within Member service territories;

2.5.14 to make and enter into service agreements relating to the provision of services necessary to plan, implement, own, operate and administer CVPA energy services, programs, including the acquisition of electric power supply and electric distribution facilities, and the provision of retail and regulatory support services;

2.5.15 to invest money in its treasury, pursuant to Government Code Section 6505.5 et seq., that is not required for the immediate necessitities of CVPA, as CVPA determines advisable, in the same manner and on the same conditions as local agencies pursuant to Government Code Section 53601, et seq.;

2.5.16 to assume the rights and obligations of any Member related to the purpose of this Agreement, and to assume the rights and obligations of any other public agency or utility by agreement or other lawful method;

2.5.17 to carry out and enforce all provisions of this Agreement;

2.5.15 to exercise any and all powers which are provided for in the Act, as they exist on the Effective Date of this Agreement or may hereafter be amended; and

2.5.16 to permit additional parties to enter into this Agreement after the Effective Date.

2.6 Limitation on Powers. CVPA shall, in addition, have all implied powers necessary to perform its functions. It shall exercise its powers only in a manner consistent with the provisions of applicable law, this Agreement and its bylaws. 79 CLICK HERE to Return to Agenda
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8 In accordance with Government Code Section 6509, the powers of CVPA shall be exercised in the manner prescribed in the Joint Exercise of Powers Act, Government Code Sections 6500 et seq., as that Act now exists and may hereafter be amended, and shall be subject to the restrictions upon the manner of exercising such powers that are imposed upon the City of Palm Desert, a charter city, in the exercise of similar powers; provided, however, that if the City of Palm Desert does not become a member or shall cease to be a Member, then CVPA shall be restricted in the exercise of its power in the same manner as the City of La Quinta, a charter city.

ARTICLE 3: GOVERNANCE AND INTERNAL ORGANIZATION

3.1 Governing Body. CVPA shall be governed by a legislative body known as the Board of Directors (“Board”). The Board shall consist of one (1) Director appointed by each of the Members. Each Director shall serve at the pleasure of the governing body of the Party appointing such Director, and may be removed as Director by such governing board at any time. If at any time a vacancy occurs on the Board, a replacement shall be appointed by the affected Party to fill the position of the previous Director within 30 days of the date that such position becomes vacant. Directors shall be elected officials of the appointing Party that is a signatory to this Agreement. Each Party may appoint an alternate to serve in the absence of its Director. Alternates shall be elected officials of the appointing Party that is the signatory to this Agreement. The County of Riverside may designate an alternate that is an elected official from any District 4 agency which is not a member of CVPA, given that such agency’s jurisdiction falls wholly or in part within the jurisdictional boundaries of CVPA. The Board shall exercise all powers and conduct all business of CVPA, either directly or by delegation to other bodies or persons pursuant to this Agreement. For any vacancy in Director and Alternate positions, quorum determination and Board voting mechanisms shall be adjusted as provided in Sections 3.7 and 3.8 of this Agreement.

The governing body of a Member may designate a duly appointed Director from another Member to represent and vote on behalf of such designating Member on all CVPA matters affecting the designating Member. Such designation as a proxy must be made annually in writing at least thirty (30) days before the start of a new CVPA fiscal year and must be effective for the entirety of the forthcoming fiscal year. For the fiscal year in which this Agreement becomes effective, a written notice by a Member designating another Member to act on its behalf may be submitted at any time and will remain in effect for the remainder of that fiscal year. If a designating Member’s Director (or Alternate) is present at any CVPA meeting, such Director (or Alternate) may participate directly on its own behalf.
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9 If additional cities, counties or other eligible entities join CVPA, as set forth in Section 2.4, each city, county or other eligible entity that becomes a member of CVPA shall be entitled to one (1) Director and one (1) Alternate appointed as set forth above.

Ex Officio Directors. The Board may appoint ex officio members of the Board. Ex officio directors shall receive all meeting notices, shall have the right to participate in Board discussions and the right to place items on the agenda but shall not be counted towards a quorum or attend closed session and shall have no vote.

3.2 Regular Board Meetings. The Board shall hold at least one regular annual meeting and shall provide for such other regular meetings as it deems necessary. Meetings of the Board shall be held at such locations within one of the Member jurisdictions, and at such times as may be designated from time to time by the Board. Directors may participate in meetings telephonically or electronically, with full voting rights, only to the extent permitted by law. All meetings shall be conducted in accordance with the provisions of the Ralph M. Brown Act (California Government Code Sections 54950 et seq.).

3.3 Special Meetings of the Board. Subject to all noticing requirements of the Ralph M. Brown Act, special meetings of the Board may be called in accordance with the provisions of California Government Code Sections 54956 and 54956.5, to be held at such times and places within one of the member jurisdictions as may be ordered by the Chair (and at such other locations as allowed under the Ralph M. Brown Act). A majority of the Board may also call a special meeting for any purpose.

3.4 Chair and Vice-Chair. The Directors shall select, from among themselves, a Chair, who shall be the presiding officer of all Board meetings, and a Vice Chair, who shall serve in the absence of the Chair.

The Chair and Vice Chair shall serve at the pleasure of the Board.

There shall be no limit on the number of terms held by either the Chair or Vice Chair.

3.5 Conduct of Meetings. The Chair or, in the absence of the Chair, the ViceChair, shall preside at all meetings of the Board.

3.6 Resignation of a Director. Any Director may resign effective on giving written notice to the Board Chair or CVPA secretary, unless the notice specifies a later time for the effectiveness of such resignation. A successor shall be appointed by the affected Member as provided for in this Agreement.
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10 3.7 Quorum. A quorum for the transaction of business shall exist if a meeting is attended by at least three (3) Directors representing more than 50% of the Weighted Voting Shares of the Parties.

A quorum shall exist for the transaction of business if a meeting is attended by at least three (3) Directors representing a majority of the of the Members based on Weighted Vote Shares as described in 3.17.1(c) of this Agreement. In all instances a quorum must consist of at least three (3) Directors physically or telephonically present pursuant to the Ralph M.

Brown Act. Ex officio, non-voting directors shall not be included when calculating the number of Directors necessary to constitute a quorum or the number of votes necessary to approve an action. In the event that a Member has failed to designate a Director, or a Member’s designated Director has died, resigned, left office, been removed from office, and a replacement Director has not yet been designated, and there is no designated Alternate, and there is no other Member’s representative designated to act on the designating Member’s behalf by proxy, such that a Member has no duly acting representative on the Board, then that Member’s vacant Board position shall not be included when calculating the number of Directors necessary to constitute a quorum or the number of votes necessary to approve an action.

No action may be taken by the Directors if a quorum of the Board is not present. In the absence of a quorum, any meeting of the Board may be adjourned from time to time by a vote of the majority present, but no other business may be transacted except as provided for in this Section.

If any Member’s Director, Alternate and designated proxy representative has been absent from three (3) or more consecutive Board meetings, that Member’s Director and Alternate positions shall automatically become vacant and any proxy designation shall automatically be temporarily invalidated, each upon the conclusion of such third consecutive Board meeting at which the Member was not represented.

Thereafter, such Member shall not be included when calculating the number of Directors necessary to constitute a quorum or the number of votes necessary to approve an action until the Member has filled the vacancy or vacancies in the Director and Alternate positions or redesignated its proxy for the applicable fiscal year, and such appointed or reappointed Director, Alternate, or designated proxy attends a subsequent Board meeting.

3.8 Voting. Except as otherwise expressly provided in this Agreement or required by law, every act or decision by the Board shall be made by:
(1) an affirmative vote of a majority of all Directors who are present at the meeting (“Equal Vote”); or (2) if requested as described below, an affirmative vote of at least three (3) Directors representing a majority of 82 CLICK HERE to Return to Agenda
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11 the Weighted Vote Share of the Members represented at the meeting (“Weighted Vote”). “Weighted Vote Share” is defined below.

3.8.1 Weighted Vote and Weighted Vote Shares
Upon request of one (1) or more Directors, a Weighted Vote will be conducted. Each Member shall have a “Weighted Vote Share” as determined by the following formula:
([Total Annual Energy Use (expressed in MWh) in the
Member’s jurisdiction / combined Total Annual Energy Use in all Members’ represented at the meeting], expressed as a percentage to two decimal places.

Annual Energy Use values are to be based on total actual or estimated retail energy sales or consumption of all Members’ respective electric customer (or Member) accounts, as applicable, as of December 31 of the most recent year for which such data is available. In the absence of actual data, the Board may approve the use of reasonably estimated Annual Energy Use values or other suitable method for determining or estimating applicable Member energy usage.

3.8.2 Exhibit Showing Weighted Vote Shares. The initial Weighted Vote Shares of the proposed initial Parties are set forth in Exhibit D based on data available / estimated as of the Effective Date of this Agreement. Exhibit D shall be revised annually or as necessary to account for changes in the number of Members and or changes in the Members’ annual MWh retail energy usage.

Adjustments to Exhibit D shall be approved by a majority vote of the Board and shall not be considered an amendment to this Agreement. For the avoidance of doubt, the Parties acknowledge and agree that the Weighted Vote Shares shown in Exhibit D assume that representatives of all Members will attend meetings of the Board; however, the actual Weighted Vote Share may vary based on the actual Members represented at a meeting by a Director, Alternate, or proxy.

3.8.3 Special Voting Requirements for Certain Matters.
(a) Two-Thirds and Weighted Vote Approval
Requirements Relating to Sections 6.2 and 7.5.

Notwithstanding any other provision of this Agreement,
action of the Board on the matters set forth in Section

2.4.2 (approval of membership of certain agencies),
Section 6.2 (involuntary termination of a Member), or
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12 present; provided, however, that: (i) notwithstanding the foregoing, any one (1) or more Directors present at a
meeting may demand that the vote be determined on the
basis of Weighted Vote Shares, and if any one (1) or
more Directors make such a demand, then approval shall
require the affirmative vote of Directors having at least two-thirds of the Weighted Vote Shares present, as
determined by Section 3.8.1; and (ii) for votes to
involuntarily terminate a Member under Section 6.2, the Director for the Member subject to involuntary termination may not vote, and the number of Directors constituting
two-thirds of all Directors, and the Weighted Vote Share of each Member shall be recalculated as if the Member
subject to possible termination were not a Member.
(b) Seventy-Five Percent Special Voting Requirements for Eminent Domain and Contributions or Pledge of Assets.
(i) A decision to exercise the power of eminent
domain on behalf of CVPA to acquire any property
interest other than an easement, right-of-way, or
temporary construction easement shall require a
vote of at least 75% of all Directors.
(ii) The imposition on any Member of any obligation to
make contributions or pledge assets as a condition
of continued participation CVPA shall require a
vote of at least 75% of all Directors and the
approval of the governing bodies of the Members
which are being asked to make such contribution
or pledge.
(iii) Notwithstanding the foregoing, any one (1) or more Directors present at the meeting may demand that
a vote under subsections (i) or (ii) be determined
on the basis of Weighted Vote Shares, and if any
one (1) or more Directors make such a demand,
then approval shall require the affirmative vote of
Directors having at least 75% of all Weighted Vote
Shares, as determined by Section 3.8.1. For
purposes of this section, “imposition on any
Member of any obligation to make contributions or
pledge assets as a condition of continued
participation in CVPA” does not include any
obligations of a withdrawing or terminated Member
imposed under Section 6.3.
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13 3.9 Other Officers. The Executive Officer of CVPA shall be the secretary of CVPA, or as otherwise determined by the Board. Any officer, employee or agent of any Member of CVPA may also be an officer, employee, or agent of any of the Members. CVPA shall have the power to appoint such additional officers and to employ such employees and assistants as may be appropriate. Unless otherwise specified through a staffing arrangement with CVAG, each and all of said officers, employees and assistants shall serve at the pleasure of CVPA and shall perform such duties and shall have such powers as CVPA may, from time to time, determine. Any officer may resign at any time by giving written notice to the secretary. Any such resignation shall be effective upon receipt of such notice or at any later time specified in the notice. Officers shall assume the duties of their offices immediately after their appointment and shall hold office until their successors are appointed, except in the case of their removal or resignation. Vacancies of officers shall be filled by appointment of the Board and such appointee shall hold office until the appointment of his or her successor.

3.10 Minutes. The secretary of CVPA shall cause to be kept minutes of regular, adjourned regular and special meetings of the Board. The secretary shall cause a copy of all minutes, along with copies of all ordinances and resolutions, to be forwarded to each of the Parties hereto.

3.11 Rules. The Board may adopt rules or bylaws governing meetings if not inconsistent or in conflict with this Agreement.

3.12 Powers and Functions of the Board. The Board shall exercise general governance and oversight over the business and activities of CVPA, consistent with this Agreement and applicable law. Board approval shall be required for any of the following actions:

3.12.1 The issuance of bonds or any other financing even if program revenues are expected to pay for such financing.

3.12.2 The appointment or termination of the Executive Officer.

3.12.3 The appointment or removal of officers.

3.12.4 Any decision to provide retirement or post-retirement benefits that are defined benefit programs, subject to the requirements of section 5.3.4, below.

3.12.5 The adoption of the Annual Budget.
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14 3.12.6 The adoption of an ordinance.

3.12.7 The approval of agreements, except as delegated by the Board pursuant to an adopted ordinance, policy, rule, motion or similar enactment.

3.12.8 The initiation or resolution of claims and litigation where CVPA will be the defendant, plaintiff, petitioner, respondent, cross complainant or cross petitioner, or intervenor; provided, however, that: (1) the Executive Officer or General Counsel, on behalf of CVPA, may intervene in, become a party to, or file comments with respect to any proceeding pending at the California Public Utilities Commission, the Federal Energy Regulatory Commission, or any other administrative agency, without approval of the Board as long as such action is consistent with any adopted Board policies; and (2) the Board may delegate authority to reject or settle claims or potential litigation in accordance with appropriate thresholds under an adopted ordinance, policy, rule, motion or similar enactment.

3.12.9 The setting or authorization of rates for any power sold by CVPA and the setting or authorization of charges for any other category of service provided by CVPA.

3.12.10 Termination of Board-approved CVPA programs or services.

3.13 CVAG’s Participation. CVAG shall provide, under contract with CVPA, administrative services required by CVPA during the first five (5) years of the implementation of CVPA; and thereafter as the administrative services contract may be renewed from time to time by CVPA, and shall exercise such other powers and duties as the Board deems necessary to achieve the purposes of this Agreement. During any such term, CVAG’s Executive Director may serve as the secretary of CVPA.

3.14 Executive Officer. Except as may be provided pursuant to any administrative services agreement referenced in Section 3.13, the Board of Directors shall have the authority to appoint an Executive Officer for CVPA, who would be responsible for the day-to-day operation and management of CVPA. The Executive Officer may be retained under contract with CVPA, be an employee of CVPA, be an employee of CVAG, or be an employee of one of the Parties, as determined by the Board. If appointed, the Executive Officer shall report directly to the Board and serve as staff to CVPA. Except as otherwise set forth in this Agreement, the Executive Officer may exercise all powers of CVPA, including the power to hire, discipline and terminate employees. Any Executive Officer shall serve at the pleasure of the Board. Notwithstanding the other provisions of this section or this Agreement, the Board may determine alternative arrangements for management of the day-to-day 86 CLICK HERE to Return to Agenda
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15 administration and operation of CVPA in lieu of appointment of an Executive Director, including without limitation pursuant to an administrative services agreement pursuant to Section 3.13 or establishing a position with similar powers and duties as a potential Executive Director.

3.15 CVPA Staff. Except as may be provided pursuant to any administrative services agreement referenced in Section 3.13, CVPA may contract with CVAG for staff services, retain its own staff, or contract with another entity for staff services. Unless other employment is approved by the Board, the CVPA Executive Officer may utilize CVAG staff as may be necessary to accomplish the purposes of CVPA. CVAG and CVPA will agree on a method of compensation for CVAG’s services, which may include without limitation compensation for staff time, as well as office expenses, direct and indirect overheads, utilizing direct billing and other accounting practices that provide for a clear separation and allocation of funds.

3.16 Commissions, Boards, and Committees

3.16.1 The Board may establish commissions, boards or committees, including but not limited to a standing executive committee of the Board, as the Board deems appropriate, to assist the Board in carrying out its authority and functions under this Agreement and may delegate authority to such commissions, boards or
committees as set forth in a Board resolution. Such delegation may be modified, amended or revoked at any time the Board may deem appropriate. Any decision delegated pursuant to this subsection may be appealed to the Board, as the Board so determines.

3.16.2 The Board may also establish any advisory commissions, boards, and committees as the Board deems appropriate to assist the Board in carrying out its functions and implementing CVPA objectives, or other energy programs and the provisions of this Agreement.

3.16.3 If any board, commission or committee formed under this section qualifies as a legislative body pursuant to the Ralph M. Brown Act, such board, commission or committee shall comply with the requirements thereof. The Board may establish rules,
regulations, policies, bylaws or procedures to govern any such commissions, boards, or committees, and shall determine whether members shall be compensated or entitled to
reimbursement for expenses.
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16 3.17 Director Compensation. Directors shall serve without compensation from CVPA. However, Directors may be compensated by their respective appointing authorities. The Board, however, may adopt by resolution a policy relating to the reimbursement by CVPA of expenses or other costs incurred by Directors.

3.18 Member Consent: CVPA Rates, Rules, Regulations and Orders. Each Member on behalf of CVPA or, as applicable, the governing body of its respective jurisdiction, hereby consents to provisions adopted by CVPA or by an individual Member that implements ordinances, policies, rates, rules, regulations and/or orders applicable to electric service within the Coachella Valley or within the jurisdiction of the Member that may differ from the ordinances, rates, rules, regulations and/or orders applicable to electric service in IID’s jurisdictional boundary, as authorized by California Water Code Section 22123.

3.19 Treasurer and Auditor. The Treasurer shall function as the combined offices of Treasurer and Auditor pursuant to Government Code Section 6505.6 and shall strictly comply with the statutes related to the duties and responsibilities specified in Section 6505.5 of the Act. The Treasurer for CVPA shall be the depository and have custody of all money of CVPA from whatever source and shall draw all warrants and pay demands against CVPA as approved by the Board. The Treasurer shall cause an independent audit(s) of the finances of CVPA to be made by a certified public accountant, or public accountant, in compliance with Section 6505 of the Act. The Treasurer shall report directly to the Board and shall comply with the requirements of treasurers of incorporated municipalities. The Board may transfer the responsibilities of Treasurer to any person or entity as the law may provide at the time. The duties and obligations of the Treasurer are further specified in Article 5. The Treasurer shall serve at the pleasure of the Board.

3.20 Administrative Services Provider. The Board may appoint one or more administrative services providers to serve as CVPA’s agent for planning, implementing, operating and administering CVPA, and any other service or program approved by the Board. The appointed administrative services provider may be one of the Members, or CVAG as provided in Section 3.13. A separate services agreement shall set forth the terms and conditions by which the appointed administrative services provider(s) shall perform or cause to be performed tasks necessary for planning, implementing, operating and administering CVPA and other approved services or programs. Any such services agreement shall set forth the terms and the circumstances under which the services agreement may be terminated by CVPA. This section shall not in any way be construed to limit the discretion of CVPA to hire its own 88 CLICK HERE to Return to Agenda
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17 employees to administer all or any portion of CVPA activities or any other program.

ARTICLE 4: IMPLEMENTATION ACTION AND CVPA DOCUMENTS

4.1 Participation in CVPA. To be eligible to participate in CVPA, each Party’s governing body must approve a resolution or motion authorizing the execution of this Agreement and appointing a Director and Alternate. New members must be approved by the Board in accordance with this Agreement.

4.2 CVPA Documents. The Parties acknowledge and agree that the affairs of CVPA will be implemented through various documents duly adopted by the Board through Board action. The Parties agree to abide by and comply with the terms and conditions of all such documents that may be adopted by the Board, subject to the Parties’ right to withdraw from CVPA as described in Article 6.

ARTICLE 5: FINANCIAL PROVISIONS

5.1 Fiscal Year. CVPA’s fiscal year shall be the contiguous 12 month period commencing July 1 and ending June 30. The fiscal year may be changed by Board resolution.

5.2 Depository.

5.2.1 All funds of CVPA shall be held in separate accounts in the name of CVPA and not commingled with funds of any Party or any other person or entity.

5.2.2 All funds of CVPA shall be strictly and separately accounted for, and regular reports shall be rendered of all receipts and
disbursements, at least quarterly during the fiscal year. The books and records of CVPA shall be open to inspection by the Parties at all reasonable times. The Board shall contract with a certified public accountant or public accountant to make an annual audit of the accounts and records of CVPA, which shall be conducted in accordance with the requirements of Section 6505 of the Act.

5.2.3 All expenditures shall be made in accordance with the approved budget and upon the approval of any officer so authorized by the Board in accordance with its Operating Rules and Regulations.

The Treasurer shall draw checks or warrants or make payments by other means for claims or disbursements not within an applicable budget only upon the prior approval of the Board. 89 CLICK HERE to Return to Agenda
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18 5.3 Budget and Recovery of Costs.

5.3.1 Budget. The initial budget shall be approved by the Board. The Board may revise the budget from time to time as may be reasonably necessary to address contingencies and unexpected expenses or events. All subsequent budgets of CVPA shall be approved by the Board in accordance with the Operating Rules and Regulations.

5.3.2 Funding of Initial Costs. The Parties acknowledge that the Initial Costs of establishing and implementing the CVPA will require some form of funding either provided by all or some of the Parties or attained in some other manner. If one or more CVPA program or service becomes operational, these Initial Costs paid by such Parties or attained from other sources shall be included in, or proportionately allocated to, the program or services as provided by Section 5.3.3 to the extent permitted by law, and respective Parties or other sources shall be reimbursed from the payment of such charges by such program participants or service customers.

CVAG shall also be entitled to reimbursement for Initial Costs that are not otherwise paid or reimbursed by CVPA or the Parties.

CVPA may establish a reasonable time period over which such costs are recovered and repaid to respective Parties or other sources. In the event that any CVPA program or service does not become operational or does not recover sufficient funds to cover Initial Costs, the respective Parties shall not be entitled to any reimbursement of funded Initial Costs from CVPA or any other Party. If any of the initial Members or other sources assists in funding initial costs, they shall also be entitled to reimbursement or offset pursuant to this section. The Board shall approve the manner of funding and repayment of Initial Costs which may include reasonable interest charges.

5.3.3 CVPA Program or Service Costs. The Parties desire that all costs incurred by CVPA that are directly or indirectly attributable to the provision of electric generation, electricity delivery, conservation, efficiency, incentives, financing, or other CVPA services or programs, including but not limited to the establishment and maintenance of various reserves and performance funds and administrative, accounting, legal, consulting, and other similar costs, shall be recovered through any lawful method, which may include without limitation charges to CVPA Members and/or customers receiving such electric services, surcharges applied to electricity rates within Member service areas, development 90 CLICK HERE to Return to Agenda
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19 impact fees, or from revenues from grants or other third-party sources, to the extent permitted by law.

The Parties acknowledge none, all or a portion of CVPA funding may be derived by way of one or more surcharges applied to retail customer power rates within respective Member jurisdictions and the Members desire to apply any such surcharges in a fair, reasonable, and equitable manner in collaboration with Imperial Irrigation District and or other applicable utility provider(s).

5.3.4 Employee Retirement and Post-retirement Benefits. Should the Board determine to provide a defined benefit retirement benefit to CVPA employees (such as PERS) or other post-retirement
benefits that would be within an Other Post-Retirement Benefits (OPEB) obligation to CVPA employees, prior to providing such benefit(s) to any employee, the Board shall: (1) obtain a third party independent actuarial report on the long term costs of the benefit or benefits; (2) adopt a funding plan for the payment of both current and long-term costs that provides for the payment of all such costs on a current, pay-as-you-go, basis and eliminates any known or reasonably anticipated unfunded liability associated with the benefit(s); and (3) notice all Member agencies of the pending consideration of the benefit(s) together with the actuarial report and funding plan, for at least sixty (60) days and obtain the consent, by resolution, of not less than 75 percent of the then current Member’s governing bodies
ARTICLE 6: WITHDRAWAL AND TERMINATION

6.1 Withdrawal.

6.1.1 Right to Withdraw. A Party may withdraw its participation in CVPA, effective as of the beginning of CVPA’s next fiscal year, by giving no less than 6 months advance written notice of its election to do so, which notice shall be given to CVPA and each Party.

Withdrawal of a Party shall require an affirmative vote of the Party’s governing board.

6.1.2 Right to Withdraw After Amendment. Notwithstanding Section

6.1.1, a Party may withdraw its membership in CVPA following an amendment to this Agreement adopted by the Board which the Party’s Director voted against, provided such notice is given in writing within thirty (30) days following the date of the vote.

Withdrawal of a Party shall require an affirmative vote of the Party’s governing board and shall not be subject to the six-month advance notice provided in Section 6.1.1. In the event of such 91 CLICK HERE to Return to Agenda
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20 withdrawal, the Party shall be subject to the provisions of Section

6.3. 6.1.3 The Right to Withdraw Prior to Start of any Program. If CVPA has not established any service or program and or a Party wanting to withdraw its membership in CVPA is not participating in any CVPA service or program, such Party may immediately withdraw its membership in CVPA without any further financial obligation, as long as the Party provides written notice of its intent to withdraw no less than thirty (30) days prior to such Party’s requested withdrawal date. Any withdrawing Party shall not be entitled to any return of funds it may have provided to CVPA, provided, however, that if, after a service or program is initiated, there are unobligated and unused funds, the withdrawing Member may be refunded its pro rata share of the unobligated and unused funds as determined in the sole discretion of the Board.

6.1.4 Continuing Financial Obligation; Further Assurances. Except as provided by Section 6.1.3, a Party that withdraws its participation in CVPA may be subject to certain continuing financial obligations, as described in Section 6.3. Each withdrawing Party and CVPA shall execute and deliver all further instruments and documents, and take any further action(s) that may be reasonably necessary, as determined by the Board, to effectuate the orderly withdrawal of such Party from participation in CVPA.

6.2 Involuntary Termination of a Party. This Agreement may be terminated with respect to a Party for material non-compliance with provisions of this Agreement, or any other agreement relating to the Party’s participation in any CVPA service or program, upon a vote of the Board as provided in Section 3.8.3. Prior to any vote to terminate a Party under this Agreement, written notice of the proposed termination and the reason(s) for such termination shall be delivered in writing to the Party whose termination is proposed at least thirty (30) days prior to the regular Board meeting at which such matter shall first be discussed as an agenda item.

The written notice of proposed termination shall specify the particular provisions of this Agreement or other agreement(s) that the Party has allegedly violated. The Party subject to possible termination shall have the opportunity at the next regular Board meeting to respond to any reasons and allegations that may be cited as a basis for termination prior to a Board vote regarding termination. A Party that has had its participation in CVPA terminated may be subject to certain continuing liabilities, as described in Section 6.3.

6.3 Continuing Financial Obligations; Refund. Except as provided by Section 6.1.3, upon a withdrawal or involuntary termination of a Party, the Party shall remain responsible for any claims, demands, damages, 92 CLICK HERE to Return to Agenda
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21 losses, expenses, costs, or other financial obligations arising from such Party’s membership or participation in CVPA or any CVPA service or program through the effective date of its withdrawal or involuntary termination, it being agreed that the Party shall not be responsible for any new financial obligations arising after the date of the Party’s withdrawal or involuntary termination. Claims, demands, damages, losses, expenses, costs, or other financial obligations for which a withdrawing or terminated Party may remain liable include, but are not limited to, costs and expenses incurred by CVPA to provide an actual or anticipated service or program to the Party or its customers, losses arising from the resale of power contracted for by CVPA to serve the Party’s load, or any unfunded liabilities such as unfunded retirement contributions or costs and any unfunded post-retirement benefits. With respect to such financial obligations, upon notice by a Party that it wishes to withdraw from CVPA, CVPA shall notify the Party of the minimum waiting period under which the Party would be estimated to have no costs for withdrawal if the Party agrees to remain a Member of CVPA for such period. If the Party elects to withdraw before the end of the minimum waiting period, the charge for exiting shall be set at a dollar amount that would offset actual costs to the remaining Members, and may not include punitive charges that exceed actual costs. In addition, such Party shall also be responsible for any costs or obligations associated with the Party’s participation in any service or program in accordance with the provisions of any agreements relating to such service or program provided such costs or obligations were incurred prior to the withdrawal of the Party. CVPA may withhold funds otherwise owing to the Party or may require the Party to deposit sufficient funds with CVPA, as reasonably determined by CVPA and approved by a vote of the Board, to cover the Party’s financial obligations for the costs described above. Any amount of the Party’s funds held on deposit with CVPA above that which is required to pay any existing or ongoing financial obligations shall be returned to the Party. If there is a disagreement related to the charge(s) for exiting, the Parties shall attempt to settle the amount through mediation or other dispute resolution process as authorized by Section 7.1. If the dispute is not resolved, the Parties may agree to proceed to arbitration, or any party may seek judicial review.

6.4 Mutual Termination. This Agreement may be terminated by mutual agreement of all the Parties; provided, however, the foregoing shall not be construed as limiting the rights of a Party to withdraw its participation in CVPA, as described in Section 6.1.

6.5 Disposition of Property upon Termination of CVPA. Upon termination of this Agreement, any surplus money or assets in possession of CVPA for use under this Agreement, after payment of all liabilities, costs, expenses, and charges incurred under this Agreement and under any 93 CLICK HERE to Return to Agenda
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22 other agreements or documents, shall be returned to the then-existing Parties in proportion to the contributions made by each and/or the contributions of customers within the then-existing Parties’ jurisdictions, as determined by the Board.

ARTICLE 7: MISCELLANEOUS PROVISIONS

7.1 Dispute Resolution. The Parties and CVPA shall make reasonable efforts to informally settle all disputes arising out of or in connection with this Agreement. Should such informal efforts to settle a dispute, after reasonable efforts, fail, the dispute shall be mediated in accordance with policies and procedures established by the Board.

7.2 Liability of Directors, Officers, and Employees. The Directors, officers, and employees of CVPA shall use ordinary care and reasonable diligence in the exercise of their powers and in the performance of their duties pursuant to this Agreement. No current or former Director, officer, or employee will be responsible for any act or omission by another Director, officer, or employee. CVPA shall defend, indemnify and hold harmless the individual current and former Directors, officers, and employees for any acts or omissions in the scope of their employment or duties in the manner provided by Government Code Sections 995, et seq. Nothing in this section shall be construed to limit the defenses available under the law, to the Parties, CVPA, or its Directors, officers, or employees

7.3 Indemnification of Parties. CVPA shall acquire such insurance coverage as is necessary to protect the interests of CVPA, the Parties, and the public. Subject to the provisions of Section 7.4 and provided that a Party has acted in good faith and in accordance with this Agreement, CVPA shall defend with counsel acceptable to said Party, indemnify and hold such Party free and harmless from any loss, liability or damage incurred or suffered by such Party by reason of litigation arising from or as a result of the conduct, activities, operations, acts, or omissions of CVPA under this Agreement. To the extent CVPA’s assets are insufficient to satisfy its obligations under this Section, any Member agency forced to expend its own funds to satisfy what would otherwise be CVPA’s obligations shall be entitled to reimbursement from CVPA.

7.4 Limitations on Liability. The Parties acknowledge that Section 895.2 of the California Government Code provides that a Member is jointly and severally liable for the torts of the joint powers agency, but that Sections 895.4 and 895.6 of that Code allow the members of a joint powers agency to contractually agree to indemnity and contribution provisions that allow such liability to be apportioned among the members based on their respective degree of fault giving rise to the liability. The Parties further acknowledge that they have agreed at Section 7.3 above to indemnify and defend those Member agencies against certain losses, liabilities or damages suffered by a Member agency arising from or as a 94 CLICK HERE to Return to Agenda
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23 result of the conduct, activities, operations, acts, or omissions of CVPA under this Agreement. Now, therefore, in contemplation of such authority, the Parties agree that, as among themselves, each shall assume that portion of the liability imposed upon CVPA or any of its Members, officers, agents or employees by law for injury caused by any negligent or wrongful act or omission occurring during the performance of this Agreement that is not covered by insurance, that is determined by CVPA to be that Member’s proportionate share accruing during the Member’s period of participation in CVPA. Said determination shall be by threefourths vote of the Board, meaning an affirmative vote of three-fourths of the total number of Directors or a Weighted Vote of 75% of the total Weighted Voting Share of all the Members. The Members acknowledge that, given the possible variables, determination of a proper apportionment may be difficult. Therefore, subject only to informal dispute resolution set out at Section 6.1, the Members agree that the Board’s good faith determination of a fair apportionment shall be final, binding and enforceable as a term of this Agreement. Each Member shall to the extent provided herein indemnify and hold harmless the other Members for any loss, costs or expenses that may be imposed on such other Members solely by virtue of Section 895.2.

7.5 Amendment of this Agreement. This Agreement may not be amended except by a written amendment approved by a vote of the Board as provided in Section 3.8.3. CVPA shall provide written notice to all Parties of amendments to this Agreement, at least 30 days prior to the date upon which the Board will first consider approval of such amendments.

Exhibits A through E of this Agreement may be revised from time to time by Board vote and copies of such revised exhibits shall be distributed to all Parties.

7.6 Assignment. Except as otherwise expressly provided in this Agreement, the rights and duties of the Parties may not be assigned or delegated without the advance written consent of all of the other Parties, and any attempt to assign or delegate such rights or duties in contravention of this Section 7.6 shall be null and void. This Agreement shall inure to the benefit of, and be binding upon, the successors and assigns of the Parties. This Section 7.6 does not prohibit a Party from entering into an independent agreement with another agency, person, or entity regarding the financing of that Party’s contributions to CVPA, or the disposition of proceeds which that Party receives under this Agreement, so long as such independent agreement does not affect, or purport to affect, the rights and duties of CVPA or the Parties under this Agreement.

7.7 Severability. If one or more clauses, sentences, paragraphs or provisions of this Agreement shall be held to be unlawful, invalid or unenforceable, it is hereby agreed by the Parties, that the remainder of the Agreement shall not be affected thereby. Such clauses, sentences, 95 CLICK HERE to Return to Agenda
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24 paragraphs or provision shall be deemed reformed so as to be lawful, valid and enforced to the maximum extent possible.

7.8 Further Assurances. Each Party agrees to execute and deliver all further instruments and documents, and take any further action that may be reasonably necessary, to effectuate the purposes and intent of this Agreement.

7.9 Execution by Counterparts. This Agreement may be executed in any number of counterparts, and upon execution by all Parties, each executed counterpart shall have the same force and effect as an original instrument and as if all Parties had signed the same instrument. Any signature page of this Agreement may be detached from any counterpart of this Agreement without impairing the legal effect of any signatures thereon, and may be attached to another counterpart of this Agreement identical in form hereto but having attached to it one or more signature pages.

7.10 Parties to be Served Notice. Any notice authorized or required to be given pursuant to this Agreement shall be validly given if served in writing either personally, by deposit in the United States mail, first class postage prepaid with return receipt requested, or by a recognized courier service.

Notices given (a) personally or by courier service shall be conclusively deemed received at the time of delivery and receipt and (b) by mail shall be conclusively deemed given 48 hours after the deposit thereof (excluding Saturdays, Sundays and holidays) if the sender receives the return receipt. All notices shall be addressed to the office of the clerk or secretary of CVPA or Party, as the case may be, or such other person designated in writing by CVPA or Party. Notices given to one Party shall be copied to all other Parties. Notices given to CVPA shall be copied to all Parties.

7.11 No Third-Party Beneficiaries. This Agreement shall reflect the Parties’ rights and obligations as by and among themselves. Nothing herein shall create any right in any third party to enforce any right or obligation set out in this Agreement as against any Party hereto.

7.12 Integration. This Agreement constitutes the full and complete Agreement of the Parties.

7.13 Limited Waiver of Sovereign Immunity; Venue. Except as hereinafter provided in this paragraph, nothing in this Agreement shall be deemed to be a waiver of the sovereign immunity by the Augustine Band of Cahuilla Indians, Cabazon Band of Cahuilla Indians, Torres Martinez Desert Cahuilla Indians, and Twenty-Nine Palms Band of Mission Indians (each a “Tribe”) from suit, which immunity is expressly asserted; provided, however, that each Tribe agrees to and hereby does unequivocally waive 96 CLICK HERE to Return to Agenda
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25 its sovereign immunity for the limited and sole purpose of permitting enforcement of any right or obligation arising under this Agreement, which may include but not be limited to claims or causes of action for declaratory relief, injunctive relief, specific performance, enforcement of indemnity obligations, and/or damages for the breach of the terms and conditions of this Agreement. Each Tribe further acknowledges that the other Parties would not enter into this Agreement if a Tribe could defeat or hinder enforcement against a Tribe of the rights granted to the other Parties and CVPA by claiming sovereign immunity. This limited waiver of sovereign immunity shall apply only to the Parties and CVPA, and shall not operate for the benefit of, nor confer any rights upon, any third parties. The Parties agree that any dispute raised under the provisions of this Agreement shall be resolved pursuant to applicable California law; provided however, that any dispute raised under the provisions of this limited waiver of sovereign immunity shall be resolved first pursuant to applicable federal law, and if no federal law applies, pursuant to the applicable laws of the State of California. The waiver granted herein is limited to claims made in the United States District Court for the Central District of California, or the Superior Court of the State of California, County of Riverside, and any court having appellate jurisdiction. Each signatory to this Agreement on behalf of a Tribe represents and warrants that the Tribe has taken all actions necessary in accordance with its laws to authorize a limited waiver of sovereign immunity, which may include without limitation the adoption of a resolution authorizing the limited waiver described in this section. Further, each Party irrevocably waives any right it might otherwise seek to have any proceeding determined in any tribal court and agrees that assumption of jurisdiction by any federal or state courts shall not be delayed or curtailed by any doctrine requiring exhaustion of tribal court remedies.
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26 Exhibit A
Definitions

1. “Act” means the Joint Exercise of Powers Act of the State of California (Government Code Section 6500 et seq.)

2. “Administrative Services Agreement” means an agreement or agreements entered into after the Effective Date by CVPA with one or more entities that will perform tasks necessary for planning, implementing, operating and/or administering CVPA, or any other energy programs/projects adopted by CVPA.

3. “Agreement” means this Joint Powers Agreement.

4. “Annual Energy Use” has the meaning given in Section 3.8.1.

5. “Board” means the Board of Directors of CVPA.

6. “CVAG” shall mean the Coachella Valley Association of Governments.

7. “CVPA Document(s)” means document(s) duly adopted by the Board by ordinance, resolution or motion implementing the powers, functions, and activities of CVPA, including but not limited to the Operating Rules and Regulations, the annual budget, and plans and policies.

8. “Director” means a member of the Board of Directors appointed by and representing a Party.

9. “Effective Date” means Month Day, Year or when initial members of CVPA execute this Agreement, whichever occurs later, as further described in Section

2.1. 10. “Initial Costs” means all costs incurred by CVPA and or any Parties relating to the establishment and initial operation of CVPA, including without limitation the hiring of an Executive Officer and any administrative staff, and any required planning, consulting, accounting, administrative, technical, or legal services in support of CVPA’s initial activities or in support of the negotiation, preparation, and approval of one or more administrative services agreements.

11. “Operating Rules and Regulations” means one or more sets of rules, regulations, policies, bylaws and procedures governing the operation of CVPA.

12. “Parties,” “Members,” or “Member Agencies” means, collectively, the signatories to this Agreement.

13. “Party”, “Member” or “Member Agency” means a signatory to this Agreement.

14. “Total Annual Energy Use” has the meaning given in Section 3.8.1. 98 CLICK HERE to Return to Agenda
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27 Exhibit B
List of Proposed Initial Parties
Parties:

Augustine Band of Cahuilla Indians
Cabazon Band of Cahuilla Indians
City of Coachella
Coachella Valley Water District
Torres Martinez Desert Cahuilla Indians
City of Indio
City of Indian Wells
City of La Quinta
Twenty-Nine Palms Band of Mission Indians
City of Palm Desert
County of Riverside
City of Rancho Mirage

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28 Exhibit C PRO FORMA
Annual Energy Use
Estimated energy usage is based on estimated retail electricity sales for calendar year 2022.

The energy use by CVWD is based on the most recent contiguous 12 months usage. Indian Tribes’ usage is based on estimated respective casino facilities electric use. Riverside County estimated usage is based on aggregating the usage of Indio Hills, Thousand Palms, Bermuda Dunes, Chiriaco Summit, Thermal, Mecca, and North Shore.

Augustine Band Cahuilla Indians 840 0.04%
Cabazon Band of Cahuilla Indians 5,300 0.24%
City of Coachella 246,096 11.29%
Coachella Valley Water District 54,459 2.50%
Torres Martinez Desert Indians 400 0.02%
City of Indio 776,731 35.64%
City of Indian Wells 4,738 0.22%
City of La Quinta 593,340 27.23%
29 Palms Band of Mission Indians 8,000 0.37%
City of Palm Desert 111,624 5.12%
County of Riverside (w/i IID) 354,589 16.27%
City of Rancho Mirage 23,073 1.06%
TOTALS 2,179,190 100.00%
Annual
Energy % JPA Members Annual Energy (MWh)
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29 Exhibit D PRO FORMA VOTING SHARES
Formulas used:

1. PRO RATA VOTE SHARE: [1 / TOTAL NUMBER OF MEMBERS], EXPRESSED AS A PERCENTAGE TO TWO DECIMAL PLACES. SEE SECTION 3.17.1 (A)

2. ANNUAL ENERGY VOTE SHARE: TOTAL ANNUAL ENERGY USE (EXPRESSED IN MWH) IN THE MEMBER’S JURISDICTION / COMBINED TOTAL ANNUAL ENERGY USE ALL MEMBERS’ JURISDICTIONS, EXPRESSED AS A PERCENTAGE TO TWO DECIMAL PLACES. SEE SECTION 3.17.1 (B)

3. WEIGHTED VOTE SHARE: BASED ON MEMBERS’ ANNUAL ENERGY USAGE IN RESPECTIVE JURISDICTIONS EXPRESSED AS A PERCENTAGE TO DECIMAL PLACES. SEE SECTION 3.17.1 (C)
% Wt. to Headcount: 0.00% ( 0 - 100 %)
% Wt. to Annual MWh: 100.00% (Energy Wt. Share: = 1 - Headcount Share) Augustine Band Cahuilla Indians 840 0.04% 8.33% 0.04% 0.00% 0.04% Cabazon Band of Cahuilla Indians 5,300 0.24% 8.33% 0.24% 0.00% 0.24% City of Coachella 246,096 11.29% 8.33% 11.29% 0.00% 11.29% Coachella Valley Water District 54,459 2.50% 8.33% 2.50% 0.00% 2.50% Torres Martinez Desert Indians 400 0.02% 8.33% 0.02% 0.00% 0.02% City of Indio 776,731 35.64% 8.33% 35.64% 0.00% 35.64%
City of Indian Wells 4,738 0.22% 8.33% 0.22% 0.00% 0.22% City of La Quinta 593,340 27.23% 8.33% 27.23% 0.00% 27.23% 29 Palms Band of Mission Indians 8,000 0.37% 8.33% 0.37% 0.00% 0.37% City of Palm Desert 111,624 5.12% 8.33% 5.12% 0.00% 5.12% County of Riverside (w/i IID) 354,589 16.27% 8.33% 16.27% 0.00% 16.27% City of Rancho Mirage 23,073 1.06% 8.33% 1.06% 0.00% 1.06% TOTALS 2,179,190 100.00% 100.00% 100.00% 0.00% 100.00%

CVPA SAMPLE MEMBERSHIP AND VOTE TABLE

ALL CVPA MEMBERS AVAILABLE AND PRESENT AT MEETING
Total Wtd Vote
Present %
Headcount %
Present
Summary of Vote Shares Present
Energy
Present %
Wtd. Energy
Present %
Wtd. Headcount
Present %

DISPLAY OF CVPA MEMBERS PRESENT AND RESPECTIVE ENERGY AND HEADCOUNT SHARES JPA Members Present at Meeting Annual Energy
(MWh)
For quorum, > 50% Total Weighted Vote Shares of Members eligible to vote must be present (including Proxies). In all cases a quorum also requires that at least three (3) Members eligible to vote must be physically present (excluding Proxies). 101 CLICK HERE to Return to Agenda
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30 Signature Pages to follow….
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BUSINESS SESSION ITEM NO. 1
City of La Quinta
CITY COUNCIL MEETING: December 3, 2024

STAFF REPORT
AGENDA TITLE: APPROVE HOST VENUE AGREEMENT WITH WORLD TRIATHLON CORPORATION TO HOST THE IRONMAN 70.3 LA QUINTA TRIATHLON

RECOMMENDATION
Approve Host Venue Agreement with World Triathlon Corporation to host the IRONMAN

70.3 La Quinta triathlon.

EXECUTIVE SUMMARY
• World Triathlon Corporation (WTC) organizes IRONMAN Triathlon events nationwide and around the world.
• In partnership with Indian Wells, La Quinta has hosted five (5) IRONMAN events, with a sixth event scheduled for December 8, 2024. The agreement with WTC expires January 2025.
• The proposed Host Venue Agreement (Agreement), included as Attachment 2, would approve an IRONMAN triathlon for December 2025 and establish La Quinta as the sole event host.

FISCAL IMPACT
Historically, La Quinta has provided $75,000 host sponsorship per event. The $75,000 host sponsorship for 2025 would be paid using funds budgeted in the Community Experiences Account No. 101-3003-60149.

BACKGROUND/ANALYSIS
WTC organizes IRONMAN Triathlon events nationwide and around the world. In 2018 La Quinta and Indian Wells were selected as host city candidates and collaborated with surrounding agencies to organize the first IRONMAN event in the Coachella Valley.

Continuing the partnership with Indian Wells, subsequent events were held in 2019, 2021, 2022, and 2023. The final event under the current Agreement is scheduled for December 8, 2024.
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After the 2024 event, Indian Wells has opted to cease involvement with IRONMAN and will not continue a host partnership with La Quinta. WTC is interested in continuing IRONMAN events in La Quinta and is proposing a new Agreement establishing La Quinta as the sole host city.

The Agreement references a new race route, detailed in Attachment 1, which will begin at Lake Cahuilla and end at the Silverrock Golf Course and if approved will support an IRONMAN event in December 2025 with an option to extend for two additional years.

Silverrock Park and Golf Course would be utilized for the event and golf course operations will only be affected on race day. Benefits of hosting an IRONMAN event include increased tourism revenue, La Quinta brand exposure, and an influx of visitors to the Coachella Valley. Via the Greater Palm Springs Convention and Visitors Bureau the 2023 IRONMAN event brought 6,426 visitors to the region and generated nearly $6 million in total direct spending. Continuing IRONMAN events in La Quinta will attract athletes, supporters, and spectators from around the world, boosting local tourism and generating substantial economic activity for hotels, restaurants, and retail businesses. Additionally, the international visibility of hosting such a prestigious event also enhances the City's reputation as a hub for endurance sports, drawing future events and fostering partnerships with health-focused organizations.

ALTERNATIVES
Council may modify or deny the Host Venue Agreement.

Prepared by: Michael Calderon, Community Services Management Analyst Approved by: Christina Calderon, Community Services Deputy Director Attachments: 1. IRONMAN Proposal

2. Host Venue Agreement

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2025 – 2027 Event Proposal
ATTACHMENT 1
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Purpose
The purpose of this document is to
provide information relative to the
continuation of the IRONMAN 70.3
event. Currently, this event is being
held in cooperation with the City of La
Quinta and the City of Indian Wells. It
is proposed that the extension of the
event agreement is strictly between
IRONMAN and the City of La Quinta.

Indian Wells has indicated to
IRONMAN that they do not wish to
continue supporting the event as a
host.

The information contained on the
following pages outlines historical
information, as well as the proposed
adjustments.
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Historical Economic Impact
Data collected from the
2019 event estimates the
total impact of the event to
be $9.9 million for the
Greater Palm Springs
region. This data was
collected via the Greater
Palm Springs Convention
and Visitors Bureau.
2019
The event was not held in
2020
2020
No report calculated in
2021
2021
see next page
2023 and 2024
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Historical Economic Impact
2022 Indian Wells - La Quinta Economic Impact Summary
Visiting Athletes 1682 Daily Expenditures by Overnight Visitors $2,526,338.00 Visitng Spectators 3076 Daily Expenditures by Day Visitors $0.00 Visiting Organization Employees 87 Total Daily Expenditures $2,526,338.00 Total Visitors 4845
Total Direct Spend $4,876,057.00
Total Hotel Room Nights 2739
Total Vacation Rental Nights 2379 Total Hotel Taxes Collected $98,922.00 Total "Other" Nights 159 Total Vacation Rental Taxes Collected $110,141.00 Total Nights Booked 5277 Total Camping Taxes Collected $444.00 Total Lodging Taxes $209,507.00
Total Hotel Spend $859,863.00 Total Sales Taxes on Daily Spending $181,709.00 Total Vacation Rental Spend $957,382.00 Total Sales Tax on Expo Spend $0.00 Total Spend on "Other" Lodging $3,412.00 Total Sales Taxes on Daily Spending $181,709.00 Total Lodging Spend $1,820,657.00 Total Airline Fees Collected $392.00 Total Rental Car Taxes Collected $0.00
Total Organizational Spend In Market (excluding
hotels) $529,062.00 Total Travel Fees/Taxes $392.00
Total Taxes and Fees Collected $391,607.00
(not based on IMPLAN)
2023 Indian Wells - La Quinta Economic Impact Summary
Visiting Athletes 2322 Daily Expenditures by Overnight Visitors $2,924,036.00 Visitng Spectators 4029 Daily Expenditures by Day Visitors $0.00 Visiting Organization Employees 75 Total Daily Expenditures $2,924,036.00 Total Visitors 6426
Total Direct Spend $5,997,573.00
Total Hotel Room Nights 3888
Total Vacation Rental Nights 3092 Total Hotel Taxes Collected $152,790.00 Total "Other" Nights 265 Total Vacation Rental Taxes Collected $137,715.00 Total Nights Booked 7245 Total Camping Taxes Collected $2,046.00 Total Lodging Taxes $292,550.00
Total Hotel Spend $1,328,095.00 Total Sales Taxes on Daily Spending $210,313.00 Total Vacation Rental Spend $1,197,063.00 Total Sales Tax on Expo Spend $0.00 Total Spend on "Other" Lodging $15,735.00 Total Sales Taxes on Daily Spending $210,313.00 Total Lodging Spend $2,540,893.00 Total Airline Fees Collected $338.00 Total Rental Car Taxes Collected $0.00
Total Organizational Spend In-Market (excluding
hotels) $532,645.00 Total Travel Fees/Taxes $338.00
Total Taxes and Fees Collected $503,201.00
(not based on IMPLAN)
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Athlete Data by the Year
2349
starters
2162
finishers
2018
2325 starters
2220
finishers
2019
none
2020
1741 starters
1571
finishers
2021
1720
starters
1648
finishers
2022
2379 starters
2271
finishers
2023
2979
registered
2024
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Proposed New Event Logo
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Proposed Routes – Swim Course
There are no proposed
changes to the swim course.

We will continue to use Lake
Cahuilla.
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Proposed Routes – Bike Course
This route will begin at Lake Cahuilla and will traverse the current route with some minor adjustments using an
additional out and back leg on Avenue 60, more mileage
inside the Thermal Club, and the finish at SilverRock Golf Course. This is the required 56-mile route.

Here is the link to the current bike route proposal:
https://ridewithgps.com/routes/48416547?privacy_code=m
YWwaazQ8HgxuEmGfrDIx65YZ7A6Xa7K
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Proposed Routes – Run Course
This route will begin at SilverRock Golf Course and will use the property, as well as one lane on 52nd Avenue for the entirety of the required 13.1 miles.

The finish line will be inside the SilverRock property.

Here is the link to the current run route proposal:
https://ridewithgps.com/routes/48388906?privacy_code=Mf LhL8joLWeDMEMjFxIX18RcPMd0auhE
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Possible use for
transition or event
set up/expo
Possible
Transition Event area Parking
Proposed SilverRock Layouts
These proposed areas are not set in stone and may be adjusted based on feedback from the team at SilverRock. The golf course will maintain operations throughout the week, with a full closure requested on Sunday, only.
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Proposed Agreement and
Event Dates
Please see the contract for specific host
venue details. We would like to maintain
the first Sunday of December as the
event date for the duration of the new
contract.

Our request is for a 3-year extension of
the current contract, which would cover
events for years 2025 – 2027. No direct
increases on the current cash
contribution is requested in the extension
agreement.
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HOST VENUE AGREEMENT
IRONMAN® 70.3® La Quinta (2025-2027)
Confidential Agreement
This Host Venue Agreement (this “Agreement”) is made as of ________________, 2024 (the “Effective Date”) by and between WORLD TRIATHLON CORPORATION, a Florida corporation (“WTC”) and the host party indicated below (“Host”). WTC and Host are sometimes referred to herein individually as “Party” and collectively as “Parties.” HOST:

CITY OF LA QUINTA
78-495 Calle Tampico
La Quinta, California 92253
Attention: Jon McMillen, City Manager
E-mail: [email protected]
with copy to: [email protected]
Location(s): CITY OF LA QUINTA, CALIFORNIA (the “Venue”) Race(s)/Event:

During the Term (defined below) of this Agreement, in each Race Year (defined below), as applicable, WTC shall be responsible for operating, in and around the Venue, an IRONMAN®

70.3®-branded endurance triathlon (comprising, subject to cancellation of any part thereof due to weather conditions or other reasons, a 1.2-mile swim, 56-mile bicycle ride, and 13.1- mile run) (the “Race”) and performing certain administrative, operational, and sales and marketing functions related thereto (collectively, and together with the Race and any additional races added under Item B-1(d), an “Event”).

Official Name of
Event:

The official name of the Event will be IRONMAN® 70.3® LA QUINTA. Subject to the limitations in this Agreement, WTC may elect to add the name of a “title” sponsor and/or “presenting” sponsor to the official name of the Event (e.g., “[Title Sponsor] IRONMAN®

70.3® LA QUINTA, presented by [Presenting Sponsor]”).

Race Date(s)
The Race each year of the Term (defined below) will occur on the following applicable dates (each, a “Race Date”):
• 2025 Race Date: December 7, 2025
• 2026 Race Date: December 6, 2026 (if applicable under First Extension Term) • 2027 Race Date: December 5, 2027 (if applicable under Second Extension Term) Term of
Agreement:
• Initial Term. This Agreement is effective beginning on the Effective Date, and, unless this Agreement is sooner terminated in accordance with the terms herein, this Agreement will continue in effect until the date that is sixty (60) days after the 2025 Race Date (the “Term” or, if applicable, the “Initial Term”). • Extension Term. Unless this Agreement is not extended for the Extension Term pursuant to the process set forth in the paragraph below or is otherwise earlier terminated, this Agreement may be extended for two 1-year terms (each 1-year period, an “Extension Term”),with the “First Extension Term” commencing on the day after the expiration of Initial Term and ending sixty (60) days after the 2026 Race Date, and the “Second Extension Term” commencing on the day after the expiration of First Extension Term and ending sixty (60) days after the 2027 Race Date. The Initial Term and, if applicable, each Extension Term shall be defined and referred to as the “Term” of this Agreement.
• Process for Extension Term. For this Agreement to remain effective after the Initial Term, WTC shall deliver to the Host the economic impact study pursuant to Exhibit B, Section B-3(e) and the Host shall deliver to WTC in writing confirmation that the Host consents to the Extension Terms based on the results of said economic impact study, which written consent to be delivered to WTC no later than May 1, 2025. During the six (6) months prior to May 1, 2025, WTC shall be available to present the economic impact study and answer questions for the La Quinta City Council at a duly noticed public meeting of the City Council. Also during the six (6) months prior to May 1, 2025, WTC and Host may negotiate in good faith for the First Extension Term such that an Event ATTACHMENT 2
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HOST VENUE AGREEMENT- Page 2 of 24
Confidential Agreement
will take place in 2026, and if applicable, during the six (6) months prior to May 1, 2026, WTC and Host shall negotiate in good faith for an extension of the Second Extension Term such that an Event will take place in 2027. Such agreed upon Extension Term shall be set forth in a writing signed by both Parties. During any such Extension Term(s) (if any), the Annual Payment will be as set forth in Exhibit A, and all other terms of this Agreement shall apply mutatis mutandis to the Extension Term(s).

Annual Payment: With respect to each Event, Host shall, under the terms of Exhibit A, pay WTC the amounts stated in Exhibit A (each, an “Annual Payment”).

Host Support
Services:

Host shall timely provide to WTC (or, as the case may be, shall timely provide for WTC’s benefit), the services, equipment, value in-kind, personnel, and other items set forth in Exhibit C (collectively, the “Host Support Services”) for each Event.

Sponsorship &
Expo Vendor
Referrals; Revenue
Share;
Host shall not grant or sell sponsorships, official designations, Expo space, or any other rights at or in connection with the Event to any third parties. With respect to each Event, Host shall have the right to refer to WTC reputable third-party Event-specific sponsors and Expo vendors (collectively, “Host-Referred Third-Party Sponsorships”), subject to the terms of Exhibit A-1.

Sponsorship
Benefits:

WTC shall provide Host with a major sponsorship benefits package (for use solely by Host) to include Expo booth space, the right to include signage (advertising only Host) at certain locations along the Race course, placement of the Host name and logo on all public Eventrelated printed, digital, and on-line/internet/website material produced by WTC, and placement of the Host name and logo and banner advertisements on the Event Website.

Hospitality
Package:

Should the Event include VIP/Hospitality packages, WTC shall provide Host with a hospitality package (for use solely by Host) to include twenty (20) complimentary sponsor hospitality passes for the Event for use by Host’s employees and representatives, which passes grant access to certain selective benefits at the Event (not all Events may offer a full suite of hospitality benefits). WTC reserves the right to deny the use by any specific individual(s) of any hospitality passes.

Annual Donations:

In connection with each Event that takes place during the Term, WTC shall donate, or cause to be donated, a minimum of USD $15,000 to one or more local Coachella Valley, CA not-forprofit organizations (the “Annual Donation”). Notwithstanding the foregoing, the Parties acknowledge that if WTC obtains permission from the Foundation (defined below) then WTC shall have the option to have all or part of the Annual Donation be made instead by The Ironman Foundation Inc., a Florida not-for-profit corporation (the "Foundation"). The Parties further acknowledge that if the Foundation so elects to make the Annual Donation then all terms and conditions (e.g., distribution allocation, recipients, etc.) of the Annual Donations, other than the continuing requirement to donate to local Coachella Valley, CA not-for-profit organizations, shall be determined by the Foundation (and in the sole and absolute discretion of the Foundation’s Board of Directors). The Parties further acknowledge that the Foundation is not owned or controlled by WTC.

Additional Terms: The following exhibits, attached hereto, contain additional terms of this Agreement: Exhibit D (regarding intellectual property rights); and Exhibit E (general terms). [signature page follows]
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Confidential Agreement
The Parties have executed and delivered this Agreement as of the Effective Date.

WTC:

WORLD TRIATHLON CORPORATION
HOST:

CITY OF LA QUINTA
By: ______________________________
Name: SHANE FACTEAU
Title: COO
By: _______________________________
Name: Jon McMillen
Title: CITY MANAGER
ATTEST
By: ______________________________
Name: Monika Radeva
Title: CITY CLERK
APPROVED AS TO FORM:

BY: ______________________________
Name: William H. Ihrke
Title: CITY ATTORNEY
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Confidential Agreement

EXHIBIT A
Annual Payments;
Wire Transfer Instructions
Regarding the Event
for Race Year
Annual Payment to be paid
by Host to WTC
Annual Payment
Due Date
2025 $75,000.00 September 30, 2025
2026* $75,000.00 September 30, 2026
2027** $75,000.00 September 30, 2027
*Subject to the First Extension Term
**Subject to the Second Extension Term
Time is of the essence with respect to each such payment. All payments to WTC that are required or contemplated under this Agreement must be made in immediately available U.S. dollars via the following wire transfer instructions:

Bank Name: Bank of America, NY NY
Routing Number: 026009593
Account Name: World Triathlon Corporation
Account Number: 898052297785
SWIFT Code: BOFAUS3N
Host’s billing contact information:
• Contact Name: Christina Calderon
• Email address: [email protected]
• Telephone number: 760-777-7183
WTC will not change payment instructions and/or banking details by e-mail communication. If Host receives an e-mail from WTC requesting that Host wire or otherwise transfer funds, Host must confirm the request and any corresponding instruction(s) by telephone with WTC before Host initiates any transfer. Please confirm the request by calling WTC’s Accounts Receivable Department at (813) 327- 5613. WTC will not be responsible for any funds wired to an incorrect account. * * * * * *
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EXHIBIT A-1
Sponsorship & Expo Vendor Referrals; Revenue Share
A-1. Sponsorship & Expo Vendor Referrals. In connection with any Host-Referred Third-Party Sponsorships:
a. Host shall focus on referring sponsors/Expo vendors in non-endemic categories from local, statewide, and regional companies and organizations;
b. Host shall not refer sponsors/Expo vendors to WTC if such sponsors/Expo vendors sell products and/or services that fall within any of the categories set forth in Exhibit A-2 (collectively, the “Restricted Sponsorship Categories”). If Host refers a sponsor/Expo vendor that falls within any of the Restricted Sponsorship Categories then Host shall not receive the Host Revenue Share (as defined below) with respect to such sponsor/Expo vendor. Due to occasional changes to the Restricted Sponsorship Categories, WTC reserves the right to update the Restricted Sponsorship Categories, at any time and from time to time. Upon Host’s request, WTC shall provide to Host the then-applicable list of Restricted Sponsorship Categories;
c. Host shall not communicate any Event sponsorship or Expo vendor opportunity to any potential sponsor or vendor unless such specific sponsor/Expo vendor has been pre-approved in writing by WTC;
d. WTC reserves the right, in WTC’s sole and absolute discretion, to reject any proposed sponsorship, sponsor, or Expo vendor including, without limitation, those referred by Host; and e. Host shall use reasonable efforts to prevent third parties from purporting to be a sponsor or Expo vendor of the Event unless such party is a party to a Sponsorship and/or Expo Vendor Agreement (as defined below). Host does not have the authority to legally bind WTC, and Host shall not represent to any third party that Host has such authority. Any Host-Referred Third-Party Sponsorships will be valid only if in a written agreement signed by both WTC and the sponsor/Expo vendor party (a “Sponsorship and/or Expo Vendor Agreement”).

A-2. Host Revenue Share. If, during the period between the Effective Date and the final Event, WTC enters into a Sponsorship and/or Expo Vendor Agreement (specifically with respect to any Event) with a third-party sponsor or Expo vendor for a Host-Referred Third-Party Sponsorship where such sponsor or Expo vendor was referred to WTC by Host and was pre-approved by WTC in accordance with this Agreement, WTC shall pay to Host an amount equal to twenty percent (20%) of the Net Proceeds (as defined below) (such amount referred to as the “Host Revenue Share”).
a. “Net Proceeds” means, net of applicable taxes, ninety percent (90%) of the total cash actually received and retained by WTC from the applicable Host-Referred Third-Party Sponsorship (it being acknowledged by the Parties that such reduction by ten percent (10%) is for purposes of covering WTC’s expected costs to activate and implement the benefits for such Host-Referred Third-Party Sponsorship.
b. Based Only on Cash Proceeds. For the avoidance of doubt: Net Proceeds (1) will be based only on such cash proceeds to WTC from sponsorship sales and Expo fees from the Host-Referred ThirdParty Sponsorship that are specific to the Event and (2) will not include the value of any in-kind contributions or budget-relieving or other services provided by the sponsor or any other party, except as may be approved in writing by WTC.
c. Origination. Host will be deemed to have referred an Event-specific sponsor or Expo vendor to WTC if, in good faith, Host provides such sponsor/Expo vendor’s name and contact information to WTC in writing, and, prior to such notice to WTC by Host, WTC is neither doing business nor has any contract with such sponsor/Expo vendor (or any of its subsidiaries or affiliates), nor communicated, during 120 CLICK HERE to Return to Agenda
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the then prior 36-month period, with such sponsor/Expo vendor (or any of its subsidiaries or affiliates) regarding the possibility of doing business or entering into any contract with WTC (or any of its subsidiaries or affiliates).
d. Other Events. For the avoidance of doubt: Host has no right to receive the Host Revenue Share (or any other commission or fee) in connection with any event(s) (other than the Event), regardless of whether Host referred to WTC a third-party sponsor/Expo vendor for such other event(s). * * * * * *
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EXHIBIT A-2
Restricted Sponsorship Categories
• Airlines
• Alcohol malt beverages and non-alcohol malt beverages • Automobiles, electric vehicles, electric buses, and electric scooters • Bike wear (including technical bike apparel, helmets, and footwear) • Bikes, bike components, bike trainers, bike parts (including pedals), bike devices (including computers, GPS devices, power meters, and any other connected devices) • Charities
• Coaching education/certification
• Compression Wear
• Digital virtual multisport software/platforms, including training apps and plans, including swimming, cycling and/or running.
• Event registration or transaction processing software/services • Eyewear and related accessories
• Financial Servies, Wealth Management, Cryptocurrency & Life Insurance • Hand/wrist devices including watches, global positioning devices (GPS) and any other connected devices • Heart Rate Monitors
• Nutrition supplements
• Online Fundraising Platform
• Photography Services
• Recovery Devices and Wearables including ice-based products, vibration & percussive massage, heat/cold/thermal wearables, contrast therapy, compression (e.g., pneumatic boots), vibration rollers/balls/sticks, handheld meditation, TENS & stim devices • Running Wear (including footwear and apparel)
• Swim Wear (including wetsuits, swim caps, and swim goggles) • Timing Services
• Travel Booking Services, Tour Operator Services, Athlete Premium Experiences, and Training Camps (whether multi-sport or single discipline)
• Treadmills
* * * * * *
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EXHIBIT B
Event Specifics
B-1. General.
a. Authorization; Ownership. Host authorizes WTC to prepare and conduct an Event in and around the Venue during each year of the Term (each, a “Race Year”). WTC is and will be the owner of each Event and nothing herein constitutes a license by WTC to Host or to any third party to establish or operate any Event or Race.
b. Name. When referring to any Event, Host shall (and shall use reasonable efforts to cause relevant third parties to) at all times use such official name of the Event (including mention of the official title sponsor, if any, and the official presenting sponsor, if any). c. Event Changes. WTC may in its reasonable discretion, in order to improve any Event, institute changes in the implementation or structure of such Event; provided, however, that no material change may be made to any previously confirmed location or venue(s) without the prior written consent of both Parties.
d. Additional Races. WTC shall have the option to conduct, as part of any or all Events, a WTCowned 5K Fun Run and/or a 5150TM, IRONKIDS® and/or IRON GIRL® triathlon, duathlon, or run contemporaneously (e.g., during the same weekend) with the Race. WTC may create additional, race-specific logos for any such additional races conducted, and such logos will be subject to the same restrictions applicable to the Event Logo (as defined in Exhibit D) under this Agreement. e. World Championship Entries. With respect to certain eligible top finishers of the Race, WTC will award non-transferable qualifying slots for entry in the applicable IRONMAN 70.3 World Championship (“Championship Slots”). The number of Championship Slots applicable to each Race will be determined by WTC in its sole discretion, and may change each year.

B-2. Certain Obligations of Host.
a. Host Support Services. Unless otherwise expressly agreed to in this Agreement, Host shall provide the Host Support Services at Host’s own cost. Host Support Services may be modified from time to time by WTC in its reasonable discretion and with Host’s approval not to be unreasonably withheld, provided that no such change (i) results in any material additional cost or expense to Host or (ii) requires Host to do anything Host is not authorized, or does not have legal jurisdiction, to do or cause to be done.
b. Compliance with Law. In connection with each Event, Host’s performance of its obligations under this Agreement shall comply with all applicable laws, rules, and regulations. c. Operational Aspects. In order to facilitate proper and timely planning, implementing, and conducting of each Event by WTC, Host shall, and shall cause each of its representatives, agents, and contractors to, follow instructions, solely regarding Event-related operational or technical issues, from WTC or any third party designated by WTC to the extent such WTC instructions are not inconsistent with any applicable law for Host. Nothing in this Agreement does or may be deemed to limit any of the police power, regulatory authority, or governmental oversight of either Host with respect to its jurisdiction.
d. Intellectual Property of WTC. Except with respect to the Event Logo (the use of which by Host being subject to Exhibit D), Host shall not, without WTC’s prior written consent, use any intellectual property rights of WTC, including without limitation the Ironman®, 70.3®, Iron Girl®, IRONKIDS®, Velothon®, Cape Epic®, 5150®, and Rock ‘n’ Roll® marks and names, the “M-Dot” logo, and the “K-Dot” logo. Host shall promptly inform WTC of any possible misuse or 123 CLICK HERE to Return to Agenda
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Confidential Agreement
infringement by any person or entity of the Event Logo or any other intellectual property of WTC. e. Information Updates. Host shall, upon request from WTC, promptly inform WTC as to the status of the performance of Host’s obligations hereunder, including without limitation regarding the Host Support Services.
f. Representations. Host covenants that each of the representations and warranties made by Host in Item E-2 will be true and complete at all times during the Term. g. Unauthorized Drones. During the Event, Host shall make commercially reasonable efforts to prohibit the use of drones in and around the Race course by third parties that have not been approved by WTC.

B-3. Certain Obligations of WTC. Subject to the terms of this Agreement, and with respect to each Event:
a. Operations, Equipment, and Personnel. Except to the extent required to be provided or obtained by Host as part of the Host Support Services, or as may be otherwise required under this Agreement, WTC shall provide for (or cause to be provided) all Race-related equipment, supplies, personnel (including volunteers and a local Race Director), training of personnel (including volunteers), Race manuals/programs, Race course route determination and design, Race course set-up and tear-down, online and on-site athlete registration and check-in, welcome functions, award ceremonies, procurement of facilities, facility decoration, and all other technical and operational aspects of the Race. WTC may require that each Event use Race timing, registration, photography, or other services provided by WTC or any of its affiliates, designees, or service providers.
b. Expo. WTC shall provide for a multi-day vendor exposition at each Event (the “Expo”), which Expo may be referred to as the “IRONMAN Village” or other name chosen by WTC. At the Expo, WTC (or its designee) may sell official IRONMAN®-branded (or any other) merchandise and services, and, to the extent approved in writing by WTC, Event sponsors and other Expo vendors may sell or otherwise distribute other merchandise and services. Except as may otherwise be required by applicable law, Host shall not charge or assess any fee, tax, surcharge, or other cost to or on any vendor, contractor, or any other party in connection with the Expo, or any athlete entry fees, sponsorships, or any other aspect of the Event. c. Website; Media; Broadcasts. WTC shall provide and maintain the official website that markets the Event (the “Event Website”), including a live global streaming webcast of the Race. WTC shall retain the rights to all imagery and audiovisual works in connection with each Event, including but not limited to, television broadcast or cablecast (live or tape-delay), radio broadcast, Internet broadcast (audio or video), videotaping, filming, and photography, all of which, as between WTC and Host, is the sole property of WTC and will not be reproduced, remarketed, or otherwise distributed or publicly displayed by Host without the written permission of WTC. WTC may, in its sole discretion, grant or license any or all of these rights to third parties.
d. Liability Waivers by Athletes. WTC shall require every athlete registering (whether by online registration, on-site registration, or any other method of registration) for the Event to sign (or, if as part of online registration, to agree to electronically) a waiver document that states an assumption of risk by the athlete and waives, releases, and indemnifies each of WTC and Host (among others) from and against liability from any and all claims relating to any Event. e. Economic Impact Study. Following the 2024 Event (as identified in the prior agreement between WTC and Host), WTC shall have prepared and submitted to the Host an economic impact study of the 2024 Event. WTC shall submit the economic impact study to the Host to allow sufficient time for said economic study to be reviewed by Host Staff and the La Quinta City Council at a duly noticed public meeting prior to May 1, 2025. WTC shall be responsible for covering the reasonable cost of the economic impact study. The economic impact study shall include at a 124 CLICK HERE to Return to Agenda
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minimum the following: (1) total direct spending impact of WTC for the 2024 Event, (2) total state and local tax revenue generated from the 2024 Event, (3) total economic impact of the 2024 Event, and any other information that WTC and Host mutually agree upon to be included in the scope of an economic impact study. WTC and Host will work together to arrange for the economic impact study be conducted, with Host assisting WTC as needed in collecting specific information requested by Host. WTC shall not be liable for any failure to collect requested information if Host does not provide reasonable assistance as requested by WTC. f. Public Agency Advertising as a Sponsor. The Host is contributing not only facilities and resources but significant amount(s) in the form of the Annual Payment(s) in consideration of its hosting and sponsorship of each Event under this Agreement. As such, WTC shall not accept or permit any other public agency (including but not limited to any California municipal corporation), other than Host, to advertise as a title sponsor, presenting sponsor, or other sponsor that would, based on a reasonable person standard, obfuscate, muddle, or limit the prominence of the name of the Host (City of La Quinta) and/or the official name of each Event (IRONMAN® 70.3® LA QUINTA), without the prior written consent of Host, which may be granted or denied in the Host’s sole discretion. For example, and not by way of limitation, it is the intent and understanding of the Parties that no Event may be advertised in a manner similar to or the same as the following examples: “IRONMAN® 70.3® LA QUINTA, sponsored by the City of ______________” or “IRONMAN® 70.3® LA QUINTA, presented by the City of ______________”, unless either the Host is the sponsoring or presenting advertising public agency or the Host consents (in its sole discretion) to allow another city to advertise in a manner similar to or the same as noted in the aforementioned examples.
g. Compliance with Law. In connection with each Event, WTC’s performance of its obligations under this Agreement shall comply with all applicable laws, rules, and regulations.

B-4. Official Announcements; Promotions by Host.
a. Host Website. Host, on its website, shall prominently advertise the Event and the fact that Host is hosting the Event, and at all times during the Term shall display a link, on its website, to the Event Website.
b. Announcements. Host shall not make any public announcements of a marketing or promotional nature (whether in writing, orally, via the Internet, or otherwise) of any Event without the prior written consent of WTC in each instance (which consent will not be unreasonably withheld), except that no such consent will be required to the extent such announcements are required of Host as part of the Host Support Services (or otherwise required of Host under the terms of this Agreement), or that:
i. are entirely administrative in nature, such as announcements informing the public regarding operational logistics or public safety matters (e.g., road closures, Event dates, Venue access);
ii. include only information in the public domain; and
iii. are not for purposes of marketing or promotion.
c. Other Matters. Host shall not use the Event, any marketing opportunity related thereto or arising out of the Event, or the like, for any purpose other than to promote the Venue in a positive and universally appealing manner. To the extent Host is not prohibited by law from doing so, Host shall not permit any political statements, political campaign propaganda, or the like to be made (or made available) at the Event, or otherwise to be associated (or purported to be associated), whether directly or indirectly, with the Event or the marketing thereof, it being recognized that Host has the authority to appropriate and provide public funds from its jurisdiction to the Event pursuant to this Agreement.
* * * * * *
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EXHIBIT C
Host Support Services
With respect to each Event, and at no cost to WTC, Host shall, as the case may be, do, obtain, or provide (or cause to be done, obtained, or provided) the following:

C-1. Approvals & Permits. Host shall use best efforts to ensure that WTC timely receives all governmental, regulatory, and third-party approvals, permits, access rights, business licenses, consents, ordinance exemptions, commitments, and licenses necessary or useful in connection with performance by Host or WTC of this Agreement, including without limitation the conducting of the Event, the Race, and the Expo, closures of roadways, use of amplified sound and music by WTC in connection with the Event, and Host’s provision of the Host Support Services (collectively, the “Approvals & Permits”). Host shall ensure that, 90 days prior to the Event, all Approvals & Permits with respect to the Event are obtained, and that all Approvals & Permits will remain in effect for and during the Event; in each case at no cost to WTC (e.g., no charges for site fees, access fees, rental fees, closure fees, licensee fees, application fees, environmental impact fees, permit fees, etc.).

C-2. Lead Agency. Host shall serve as the “lead agency” to support those certain operational activities of the Event, including but not limited to facility and venue use, permitting, police and emergency services, parking/shuttle, communications, local accommodations, travel, volunteer recruitment, media, and public awareness.

C-3. Complimentary Access to SilverRock Golf Course. For purposes of conducting each Event, Host shall provide to WTC (or cause to be provided to WTC) sufficient but non-exclusive access to the SilverRock Golf Course for the five (5) day period prior to a Race Date and for the two (2) day period following that Race Date (the “Staging Period”), it being expressly understood by WTC that the SilverRock Golf Course shall remain open for use by the public as a golf course and for other regular operations except on a Race Date. On each Race Date, Host shall provide WTC with exclusive access to certain portions of the SilverRock Golf Course, including without limitation, for the Expo, transition 2, run course, and finish line.

Except when the SilverRock Golf Course is reserved for exclusive use by WTC on a Race Date, WTC shall not obstruct or allow for the obstruction of regular golf play on the SilverRock Golf Course or other regular operations at the SilverRock Golf Course, and WTC shall use commercially reasonable efforts to minimize interference with the public’s ability to access and use the SilverRock Golf Course during each Staging Period.

C-4. Complimentary Access to Lake Cahuilla Recreational Area. For purposes of conducting each Event, Host shall provide to WTC (or cause to be provided to WTC) sufficient access to the Lake Cahuilla Recreational Area for the five (5) day period prior to the Race and for the two (2) day period following each Race. Host shall provide WTC with exclusive access to certain portions of the Lake Cahuilla Recreational Area, including without limitation, for the swim portion of each Race (i.e., a safe swim course with no boat or PWC traffic from 5:00 am to 9:30 am on the day of each Race). Host shall ensure that there is adequate and safe ingress/egress for the swim portion of the Event (including, without limitation, suitable entrance and exit points for barefoot swimming). Host will provide WTC with a clean water test report the day before each Event is to be held.

C-5. Race Course Exclusivity; Course Conditions. Except with respect to any areas beyond its power or control, Host shall ensure that all public roads (excluding reasonable, controlled, and safe access for private homes and/or business), public waterways, and all other public spaces to be used for the Races are closed to the public during the Races (and for a reasonable period before and after each Race) and are made exclusively available to WTC during such periods (excluding reasonable, controlled, and safe access for private homes and businesses). WTC shall, at least ninety (90) days prior to each Event, provide written notice to Host of the Race routes within Venue limits (or portions thereof) that are not in good condition and, except with respect to any routes beyond its power or control, Host shall ensure that any such Race routes are properly repaired or maintained prior to any such Event. * * * * * *
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EXHIBIT D
Intellectual Property Rights
D-1. Grant of Limited Rights. Subject to the terms of this Agreement, WTC hereby grants to Host the limited, non-assignable, non-sublicensable, non-exclusive license to use, during the Term, the Event Logo (as defined in Exhibit D-1) in all reasonable forms of advertising and marketing, but only to the extent related to promotion of the Events, and subject in each instance to WTC’s prior written approval, which will not be unreasonably withheld. All uses of the Event Logo by Host must comply with the Trademark Standards & Usage Guidelines set forth in Exhibit D-1.

D-2. No Use on Products. Host shall not use, and shall not authorize, license, or permit any third party to use, the Event Logo on or in connection with any products, merchandise, souvenirs, or other goods or services, in each instance unless pre-approved by WTC in writing.

D-3. Ownership; Goodwill. Host acknowledges that WTC is the owner of the Event Logo and Host shall not register, or apply to register, the Event Logo, any service mark, trademark, or domain name that is similar in any manner to, or that incorporates, the Event Logo, any of WTC’s other trademarks or other intellectual property, or any mark with the word “IRON,” or any equivalent term or phrase in any language. All goodwill and rights accruing or arising under the Event Logo, or in any copyrights or other intellectual property of WTC used in connection with this Agreement or any Event, enures solely to the benefit of WTC.

D-4. Host’s Use of Event Logo and Event-Related Photography. In accordance with the terms and conditions of this Agreement, WTC shall provide the following Event-specific license and usage rights to Host:
a. Subject to the terms of this Exhibit D, Host shall have the right to use the Event Logo in all reasonable forms including but not limited to advertising, marketing, and promotional materials in relation to the Event, each Race, and the Venue; and b. During the Term, Host shall have a limited, non-exclusive license (the “Photo License”) to:
i. use any of the WTC-owned photographs, subject to any third-party intellectual property rights therein, of the Event as may be provided to Host by WTC (the “WTC Photos”), provided that:

1. Such use is solely for purposes of advertising Host’s sponsorship of the Events;

2. Such use complies fully with all guidelines of WTC’s Media and Television departments, including, without limitation, inclusion of proper copyright and attribution notices;

3. In no event may Host use the WTC Photos on any merchandise, products, or services;

4. The WTC Photos are, and shall remain, the property of WTC. Any and all rights in, to, or under the WTC Photos shall inure solely to the benefit of WTC;

5. Host shall not transfer or assign the Photo License or sub-license any of the WTC Photos; and

6. The Photo License expires immediately upon expiration or earlier termination of this Agreement.
ii. capture and use photographs of the Event, subject to any third-party intellectual property rights therein (the “Host Photos”), provided that:

1. Such use is solely for purposes of advertising Host’s sponsorship of the Events;

2. Such use complies fully with all guidelines of WTC’s Media and Television departments, including, without limitation, inclusion of proper copyright and attribution notices;
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3. In no event may Host use the Host Photos on any merchandise, products, or services;

4. The Host Photos are, and shall remain, the property of WTC. Any and all rights in, to, or under the Host Photos shall inure solely to the benefit of WTC;

5. Host shall not transfer or assign the Photo License or sub-license any of the Host Photos; and

6. The Photo License expires immediately upon expiration or earlier termination of this Agreement.
* * * * * *
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EXHIBIT D-1
Trademark Standards & Usage Guidelines: Event – Specific Logo Sample Event Logo
Each Event will feature one or more IRONMAN 70.3® -branded logos customized by WTC for such Event (each, an “Event Logo”). WTC will design, create, and provide each Event Logo. The following is an example of an event logo from a different event:

WTC may elect to, from time to time, modify the Event Logo by adding the name of a “title” sponsor or “presenting” sponsor to such logo.

General
The Event Logo must be used consistently and not altered. Modifications, variations, and incorrect uses of any Event Logo dilute the IRONMAN® brand and create consumer confusion, and are therefore not permitted. You play a vital role in protecting the integrity of WTC’s intellectual property, such as the Event Logo. Please familiarize yourself with the following TRADEMARK STANDARDS &USAGE GUIDELINES, which you are required to follow when using any Event Logo in connection with any Event.

Pre-Approval Requirement
Without exception, all proposed uses of the Event Logo must be submitted to WTC for review PRIOR TO USAGE. All approval requests for use of any Event Logo must be submitted, along with a high resolution PDF image of the proposed use, to [email protected] for review by WTC. Please allow at least ten (10) business days for all approval requests to be answered. Any proposed use or item submitted that is not approved by WTC in writing within fifteen (15) days shall be deemed disapproved.

Trademark Ownership & Required Notice
Each Event Logo is, and shall remain, the property of WTC. Any and all rights to, in, and under the Event Logo, or any copyright or other intellectual property of WTC, shall inure solely to the benefit of WTC.

Notice must be given to the public that World Triathlon Corporation claims ownership of the Event Logo.

Therefore, the following legal notice must clearly appear, in no smaller than 6-point size typeface, on all of your printed materials, products, websites, and all other items on which any Event Logo is used:

IRONMAN® and 70.3® are registered trademarks of World Triathlon Corporation.

Used herein by permission.

Other Requirements
Each use by Host of the Event Logo must:
• Be solely and directly related to performing Host’s obligations, or exercising its rights, under this Agreement;
• Not be on any merchandise or services for sale or distribution (except to the extent expressly and specifically authorized by this Agreement or separate written agreement with WTC); • Not constitute or involve transfer or assignment of the License or sub-license of any Event Logo; and • Not have anything embedded in, added to, or superimposed on the Event Logo, or have any colors or color scheme different than that approved by WTC.

General
Do not use “iron” (or any foreign translation thereof) as a prefix for, or component of, any words – whether displayed as one word (e.g., “ironwoman”, “ironfamily”, or “ironmate”), as two separate words (e.g., “iron woman”, “iron family”, or “iron mate”), or as a hyphenated word (e.g., “iron-woman”, “iron-family”, or “iron-mate”). (Exceptions include IRONMAN®, IRONKIDS®, and IRON GIRL®, all of which are trademarks owned by WTC.) Please adhere to the following regarding use of the terms “IRONMAN®” and “IRONMAN® 70.3®”:
• IRONMAN® must be a single word, never hyphenated, and never capitalized as “IronMan”. • IRONMAN® and 70.3® must be two (2) separate words separated by no more and no less than one (1) 129 CLICK HERE to Return to Agenda
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character space.
• IRONMAN® is a brand name – an identifier of a specific source of goods and services. It is not an indicator of distance. “IRONMAN” must never be used as a standalone term or to denote distance. (e.g., never as “Ironman distance” or “Iron distance”).
• IRONMAN® 70.3® is a brand name – an identifier of a specific source of goods and services. It is not an indicator of distance. “IRONMAN” must never be used as a standalone term or to denote distance. (e.g., never as “half ironman”, “half ironman distance”, or “half iron distance”). • 70.3® is a brand name – an identifier of a specific source of goods and services. It is not an indicator of distance. “70.3” must never be used as a standalone term to denote distance. (e.g., never as “70.3 miles”) • IRONMAN® should never be abbreviated as “IM.”
• IRONMAN® 70.3® should never be abbreviated as “IM70.3.” • Stand-alone references to “an IRONMAN” or “a 70.3” are improper. Please add “triathlon” to such phrases (e.g., “an IRONMAN® 70.3® triathlon”).

Please adhere to the following regarding use of the terms “IRONKIDS®”:
• IRONKIDS® must be a single word, never hyphenated, and “IronKids” is always capital letter “I” and capital letter “K” when used in title case.
• IRONKIDS® is a brand name – an identifier of a specific source of goods and services. It is not an indicator of distance. “IRONKIDS” must never be used as a standalone term or to denote distance. (e.g., never as “IronKids distance”).
• IRONKIDS® should never be abbreviated as “IK.”
• Stand-alone references to “an IRONKIDS” are improper. Please add “dip ‘n’ dash” or “fun run” or other applicable word to such phrase (e.g., “an IRONKIDS® fun run”). * * * * * *
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EXHIBIT E
General Terms
E-1. Financial Matters.
a. Annual Payments. With respect to each Event, Host shall pay to WTC the Annual Payment under the terms of Exhibit A.
b. Sponsorship & Expo Vendor Referrals; Revenue Share. Host shall comply with the Sponsorship & Expo Vendor Referrals and Revenue Share terms outlined in the table on Page 1. c. Taxes. The Annual Payment(s) set forth in Exhibit A are exclusive of taxes or fees, which are the responsibility of Host. All taxes and fees (including without limitations any foreign taxes and fees (e.g., sales tax, HST, VAT)), if any, that attach to the payment by Host to WTC of the Annual Payment(s) shall be borne by Host and shall be applied in accordance with the then applicable tax laws for each respective state, province, country, or otherwise. Nothing in this Section or Agreement does or shall be interpreted to obligate the Host to pay any taxes required to be paid by WTC under any applicable country, province, federal, state, or local law, including but not limited to taxes, if any, on income received by WTC relating to any Event or otherwise arising under this Agreement.
d. Entry Fees; Other Revenues. Except as may be otherwise expressly specified in this Agreement, WTC shall be entitled to receive and retain all Event/Race entry fees, and all other revenues and value in-kind in connection with the Events, including without limitation all revenues from merchandise sales, sponsorships, hospitality passes, VIP passes, exposition booth sales, product licenses, television licenses, and photograph sales.
e. Costs. To the extent Host does not timely provide any portion of the Host Support Services (as defined below), then, upon written request from WTC, Host shall, within thirty (30) days after delivery of such notice to Host, reimburse WTC to the extent WTC incurs, or will incur, any costs to obtain or provide any such Host Support Services not provided by Host. Such right of reimbursement does not limit WTC’s remedies with respect to Host failing to provide any of the Host Support Services. Nothing in this Section shall limit the Host’s right to contest, with substantial evidence in support thereof, WTC’s claim that such reimbursement was not or is not a covered Host Support Service.
f. Costs of Additional Security Measures. Should local and/or governmental authorities determine that enhanced security measures are necessary and must be implemented surrounding the Event, and should such measures have additional costs associated with them, the Parties will work together to discuss a reasonable and appropriate allocation of expenses to cover such costs.

E-2.Representations and Warranties. Each Party represents and warrants that:
a. It has the full right and legal authority to enter into and fully perform this Agreement in accordance with the terms and conditions contained herein; b. This Agreement is a legal, valid, and binding obligation of such entity, enforceable against such entity in accordance with its terms; and
c. Neither the execution, delivery, nor performance of this Agreement by it violates or will violate or cause a breach of any other agreements or obligations to which it is a party or to which it is bound, and no approval, consent, notice, or other action by or to any third party or any commission, board, or other governmental authority or agency (collectively, “Authorities”) is required in connection with the execution, delivery, or performance of this Agreement (except, 131 CLICK HERE to Return to Agenda
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with respect to WTC, certain permits, approvals, consents, notices, and other actions by Authorities may be required in connection with performance by WTC of this Agreement).

E-3.Business Partner Code of Conduct. In performing its obligations under this Agreement, Host covenants to comply with WTC’s Business Partner Code of Conduct (“Partner Code”), as amended by WTC from time to time, available at https://legal.ironman.com/Partner-Code. Host acknowledges WTC’s right to monitor compliance with the standards and requirements set forth in the Partner Code, and agrees to provide written responses to queries and, to the extent necessary, to grant reasonable access to relevant documentation to the extent required to monitor compliance with the Partner Code. To the extent there is a conflict between the terms of this Agreement and the Partner Code, the terms of the Agreement shall prevail.

E-4.Ambush Marketing.
a. “Ambush Marketing” means selling (e.g., including, but not limited to, sponsorship, merchandise, vendor space), advertising, or marketing, by any third party that is not a WTCauthorized sponsor, merchandiser, and/or vendor of the Event, where such selling, advertising, or marketing (i) is in connection with, or in proximity to, the Event, or (ii) otherwise has the effect of exploiting the goodwill of the Event and/or gaining market exposure by way of intrusive and/or associative marketing practices.
b. Except to the extent Host is prohibited by law from doing so, Host shall not cause, engage in, or permit any Ambush Marketing at, near, or in connection with the Event, and, except to the extent Host is prohibited by law from doing so, Host agrees to:
i. promptly report, to WTC and the proper Host authorities, any marketing or activity reasonably appearing to be Ambush Marketing;
ii. ensuring, prior to and during the Event, that the Event perimeter and any other key advertising locations under the Host's control do not carry any form of temporary advertising or promotional material relating to the Event, except as may be approved in writing by WTC (in WTC’s sole discretion);
iii. using, invoking, and applying Host’s powers to protect all trademarks and copyrights associated with the Event;
iv. preventing the distribution of product samples, premiums, promotional literature and other commercial and non-commercial materials within the established Event perimeter or adjacent to the Event site, except where expressly authorized by WTC; v. causing all signage and other physical items of Ambush Marketing to be taken down, moved, removed, and/or confiscated immediately by Host or, if applicable, law enforcement personnel; and
vi. cooperating with WTC to prevent Ambush Marketing, as may reasonably be requested by WTC.

E-5.Termination.
a. Subject to Item E-5(b) and Item E-5(c): If either Party breaches a material provision of this Agreement, the non-breaching Party may terminate this Agreement upon thirty (30) days’ written notice to the other Party (which notice must include a description of such breach) if, during such thirty (30) day period following receipt of such notice, the breaching Party fails to cure such breach.
b. Notwithstanding anything to the contrary herein, WTC may immediately terminate this Agreement:
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i. at any time if WTC gives written notice to Host that WTC has determined, in its reasonable judgment, that an Event is unlikely to occur or be sufficiently profitable to WTC whether due to: (A) revocation or cancellation of, or failure to timely obtain, any of the Approvals & Permits (as defined in Exhibit C); (B) an insufficient number of paid entries or sponsorships received; or (C) any condition with respect to the Venue that could jeopardize the practicability of conducting the Race as planned, or that could create a safety risk for any Race participants or other Event visitors; ii. if Host files, or in good faith has filed against it, a petition in bankruptcy, or is adjudicated bankrupt or insolvent, or makes an assignment for the benefit of creditors, or an arrangement pursuant to any bankruptcy law; or
iii. if Host engages in any Ambush Marketing.
c. Notwithstanding anything to the contrary herein, Host may immediately terminate this Agreement:
i. at any time if (A) with respect to any Event, WTC fails to comply with any material term or condition of any of the Approvals & Permits (as defined in Exhibit C), (B) Host has provided WTC with prior written notice of such failure, including a complete description of such failure and how such failure can be cured; and (C) with respect to any Event following WTC’s receipt of such notice, WTC fails to cure such failure; or ii. if WTC files, or in good faith has filed against it, a petition in bankruptcy, or is adjudicated bankrupt or insolvent, or makes an assignment for the benefit of creditors, or an arrangement pursuant to any bankruptcy law.
d. Effects of Termination; Survival.
i. Expiration or termination of this Agreement for any reason will not relieve either Party from its obligation to perform under this Agreement to the extent such performance is due prior to the effective time of such termination.
ii. If this Agreement is terminated by WTC under the terms of Item E-5(a) such that WTC is not in breach, or Item E-5 (b)(ii) or (iii), all unpaid Annual Payment amounts will be immediately due and payable to WTC. If this Agreement is terminated by Host under the terms of Item E-5(c)(i) or (ii), WTC shall return to Host the Annual Payment for the Event for the year in which the Annual Payment was made. If this Agreement is terminated by WTC under the terms of Item E-5(b)(i), WTC shall return to Host the Annual Payment for the Event for the year in which the Annual Payment was made. iii. Each Party reserves all other rights and remedies hereunder and otherwise permitted by law that have accrued prior to the effective time of such expiration or termination. iv. All rights and obligations under this Agreement that arose or accrued prior to termination or expiration of this Agreement, and that, by their nature, should survive any such termination or expiration, will survive any such termination or expiration, including without limitation the rights and obligations set forth in Item E-1 (Financial Matters), Item E-7(Confidentiality), Item E-8 (Exclusivity), Item E-9 (Indemnification), Item E-11 (Assignment; Binding Effect), Item E-12 (Relationship of the Parties), Item E13 (Jurisdiction and Dispute Resolution), Item E-14 (Rights and Remedies), Item E-15 (Notices), Item E-16 (Enforcement of Agreement), Item E-17 (No Oral or Implied Waivers or Modifications), Item E-18 (Entire Agreement), and Item E-19 (Interpretation).

E-6.Force Majeure. The Parties acknowledge that the goodwill inherent in the IRONMAN 70.3® brand and the Event Logo arises and is maintained, in large part, by each and every IRONMAN 70.3® event worldwide, including the 133 CLICK HERE to Return to Agenda
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Event, being conducted as scheduled. Notwithstanding anything herein to the contrary, the Parties acknowledge that Host’s failure or inability to host and support the Event as scheduled, absent a Force Majeure Event, will cause WTC irreparable harm, and that damages will be an insufficient and wholly inadequate remedy as a result of such breach. In the event either Party is prevented from performing any of its obligations under this Agreement by reason of any event outside of such Party’s control, including, without limitation, fire, weather, unsafe conditions, volcano, explosion, flood, landslide, epidemic, acts of nature, war, terrorism, or other hostilities, strike, civil commotion, domestic or foreign governmental acts, orders, or regulations (“Force Majeure Event”), then such obligations of such Party during the duration of such Force Majeure Event, and for a reasonable time thereafter, will be suspended. In the case of cancellation of an Event due to a Force Majeure Event, the Parties agree to negotiate a date to reschedule such Event if practicable. If such canceled Event cannot reasonably be rescheduled or relocated within the Venue, neither Party shall be deemed to be in breach of this Agreement solely because of such cancellation. Neither any such cancellation, rescheduling, or relocation, nor the inability to reschedule or relocate, will, by itself, cause this Agreement to terminate. For purposes of this Agreement, neither the cancellation by WTC of any leg of the Race (e.g., the swim leg), nor the modification of the Race (e.g., distances, routes, etc.), will be deemed to be a cancellation of the Event.

E-7.Confidentiality.
a. During the Term and the 36-month period thereafter, each Party (the “Receiving Party”) shall, other than as provided herein, keep confidential and not use or disclose, directly or indirectly, any of the terms of this Agreement, any trade secrets, confidential, or proprietary information, or any other knowledge, information, documents, or materials, owned, developed, or possessed by the other Party, whether in tangible or intangible form (collectively, “Confidential Information”).
b. Confidential Information does not include any information that the Receiving Party conclusively establishes: (i) entered the public domain without Receiving Party’s breach of any obligation owed to the disclosing Party; (ii) became known to the Receiving Party prior to the disclosing Party’s disclosure of such information to such Receiving Party; (iii) is permitted to be disclosed by the prior written consent of the disclosing Party; (iv) became known to the Receiving Party from a source other than the disclosing Party, other than by breach of any obligation of confidentiality owed to the disclosing Party; or (v) was independently developed by the Receiving Party without breach of this Agreement.
c. The Receiving Party shall take all lawful measures to prevent the unauthorized use and disclosure of Confidential Information, and to prevent unauthorized persons or entities from obtaining or using Confidential Information. The Receiving Party shall refrain from directly or indirectly taking any action that would constitute or facilitate the unauthorized use or disclosure of Confidential Information.
d. The Receiving Party may disclose Confidential Information to its officers and employees to the extent necessary to enable the Receiving Party to perform its obligations hereunder, but only if such officers and employees shall have entered into appropriate confidentiality agreements for secrecy and nonuse of Confidential Information which by its terms shall be enforceable by injunctive relief by the disclosing Party. The Receiving Party shall be liable for any unauthorized use and disclosure of Confidential Information by any of its officers or employees. e. The Receiving Party may disclose the terms of this Agreement to (i) its attorneys and other professional advisors who have a professional duty to the Receiving Party to keep confidential such information or (ii) a third party that has entered into a reasonably standard confidentiality agreement with the Receiving Party that prohibits such third party from disclosing such terms, where such third party requires to review this Agreement for purposes of evaluating a proposed (A) purchase by such third party of assets of or equity interests in the Receiving Party or (B) financing transaction involving the borrowing of funds or establishing a credit facility or other financing arrangement, in each case where Receiving Party would be the borrower or guarantor of such debt.
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f. The Receiving Party may disclose Confidential Information (including, without limitation, this Agreement and any amendments thereto) to the extent necessary to enable the Receiving Party to comply with all applicable laws, regulations, court orders, or other legal processes including, without limitation, the Brown Act, the California Public Records Act, and the Freedom of Information Act (FOIA).
g. Notwithstanding any provisions in this Agreement, nothing in this Agreement does or shall be construed as superseding any obligation of Host under law, including but not limited to the California Public Records Act (Cal. Gov. Code, § 7920.000 et seq.) or any applicable administrative or judicial process or order, to disclose any information, produce any documents, or otherwise provide tangible instruments or materials in any medium whatsoever.

E-8.Exclusivity.
a. Use of Racecourse and Event-Related Areas. Notwithstanding anything to the contrary in this Agreement: During the period between (and including) the Monday preceding the Race Date until (and including) the Friday following the Race Date (collectively, the “Event Period”), Host shall not produce, conduct, host, or permit any event (other than such Event) that takes place, in whole or in part, on any portion of the Race course or at any Event-related area; provided, however, that during the Event Period (excluding Race day) private functions and corporate events may take place but only if such events do not do or include any of the following:
i. include any endurance-, running-, road cycling-, or swimming-related race, competition or event;
ii. include any vendor exposition, tradeshow, and/or the selling of any merchandise and/or services;
iii. occur on the Race course or at any other area where any part of the Event is being conducted, or adversely affect the ingress or egress to or from any such areas; iv. in any way jeopardize or adversely impact Event production or operations; v. infringe on any WTC intellectual property rights; or vi. include or constitute Ambush Marketing or otherwise promote themselves as purportedly being part of or in connection with the Event). b. Advertising Other Triathlon Companies or Long-Distance Triathlons. During the Term, Host shall not permit its website to display any marketing, promotion, advertisement, reference, or the like, of (i) any other triathlon event series or company, including but not limited to World Triathlon (f/k/a International Triathlon Union), Professional Triathletes Organization (PTO), Revolution3 Triathlon, Life Time Fitness Triathlon, Challenge Family Triathlon, CLASH Endurance, Topman Triathlon and HITS Triathlon (or any of their respective successors or assigns), (ii) any person, entity, or group (other than WTC or any subsidiary or licensee thereof) that operates, organizes, produces, or is otherwise involved in any triathlon having a distance longer than that of an “Olympic” distance triathlon (as such distance is defined by World Triathlon), or (iii) any triathlon having a distance longer than that of an “Olympic” distance triathlon (as such distance is defined by World Triathlon), unless such triathlon is owned or operated by WTC or any subsidiary or licensee of WTC.
c. Non-Competition. During the Term and the twenty-eight (28)-month period thereafter, Host shall not produce, support, advertise, promote, conduct, host, permit, or contract or partner with any person or entity (other than WTC or a subsidiary thereof) for or in connection with, any other triathlon, running event, or cycling event located, in whole or in part, within the Venue or anywhere within 75 miles of the Venue if such event features any race distance longer than that of an “Olympic” distance triathlon (as such distance is defined by World Triathlon). 135 CLICK HERE to Return to Agenda
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d. Promoting Safety for Community Activities. Notwithstanding anything herein this Agreement to the contrary, WTC hereby acknowledges and agrees that nothing herein this Agreement limits or otherwise restricts Host from promoting safety in connection with community activities taking place in and around the Venue (including, without limitation, by sending out notifications and information to the public pertaining to sporting events of any type).

E-9.Indemnification.
a. Each Party (“Indemnifying Party”) shall indemnify, protect, defend and hold harmless the other Party, its parent, subsidiaries, and affiliates, and each of their respective directors, officers, employees, contractors, volunteers, representatives, and agents (“Indemnified Parties”), from and against any and all claims, liabilities, losses, damages, injuries, demands, actions, causes of action, suits, proceedings, judgments, and expenses, including without limitation, attorneys’ fees, court costs, and other legal expenses, arising out of, directly or indirectly, or in connection with:
(i) any breach or alleged breach of any provision of this Agreement by the Indemnifying Party or any representation or warranty made by the Indemnifying Party herein; (ii) any act or omission to act by the Indemnifying Party, or any of its employees, servants, or agents; (iii) use by the Indemnified Parties of facilities, venues, or accommodations provided by or on behalf of the Indemnifying Party that violate any applicable laws (including, without limitation, the Americans with Disabilities Act); or (iv) any dangerous conditions on, or with respect to, any roads, facilities, venues, or accommodations controlled or maintained by the Indemnifying Party. b. This Section will survive the expiration or termination of this Agreement for any reason.

E-10. Insurance.
a. Host Requirements. Host shall, throughout the Term, obtain and maintain its own comprehensive general liability insurance for each Event for, without limitation, any and all claims of bodily injury, death, property damage, and advertising liability, and any and all litigation, arbitration and settlement costs, related to any claims for or by any Party or Event participants, volunteers, referees, officials, scorekeepers, spectators, sponsors, and staff with a minimum combined single limit equal to but not less than five million U.S. dollars ($5,000,000.00) per occurrence for any one incident or accident (the “Host Insurance Policy”).

Host shall name WTC as an additional insured on the Host Insurance Policy. Notwithstanding the foregoing: The Parties hereby acknowledge that Host is a member of the California JPIA, and (ii) Host may satisfy the Host Insurance Policy requirements set forth within this Section by participation in a municipal self-insurance pool.
b. WTC Requirements. During the Term, WTC shall obtain and continuously maintain, at its own expense, the following insurance policies in connection with each Event (collectively, the “WTC Insurance Policies”):
i. Workers Compensation. A workers’ compensation (or equivalent coverage) policy (a “Workers’ Comp Policy”) in statutorily required limits and employers’ liability, with minimum of $1,000,000 per accident or disease. Such policy shall include a waiver of subrogation endorsement in favor of Host.
ii. Commercial General Liability. Commercial general liability insurance (a “General Liability Policy”) for each Event for, without limitation, any and all claims of bodily injury, death, property damage, and advertising liability, and any and all litigation, arbitration and settlement costs, related to any claims for or by any Party or Event participants, volunteers, referees, officials, scorekeepers, spectators, sponsors, and staff providing one million U.S. dollars ($1,000,000) per occurrence for any one incident or accident. Host must be named as an additional insured on the General Liability Policy.

Further, such General Liability Policy shall apply on a primary basis irrespective of any other insurance available to the Host, whether collectible or not and such that any 136 CLICK HERE to Return to Agenda
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insurance in the name of and/or for the benefit of Host will be excess and noncontributory. iii. Commercial Automobile Liability. Automobile liability insurance (an “Auto Liability Policy”), covering owned, non-owned, leased or hired automobiles, with a minimum combined single limit of $1,000,000 for each accident.
iv. Umbrella Liability Policies. An umbrella and/or excess liability insurance policies (the “Umbrella Policies”), in excess of the Insurance Policies above (i.e., subsections (i) through (iii)), with minimum limits of $10,000,000 each occurrence and $10,000,000 general aggregate.

For avoidance of doubt: the Umbrella Policies must follow form of the underlying Workers’ Comp Policy, General Liability Policy, and Auto Liability Policy. c. Mutual Requirements. Certificates evidencing the foregoing required Insurance Policies (as defined below) must be provided, upon request, to the other Party. All insurance policies required herein must be issued by an admitted insurance carrier with an A.M. Best rating of A-, VII or better. No Insurance Policy shall contain a self-insured retention. No Insurance Policy shall contain a deductible in excess of $25,000 and any/all deductibles shall be the sole responsibility of the policy holder and shall not apply to the other Party. The insurance requirements set forth above will in no way modify, reduce, or limit the indemnification herein this Agreement made by a Party. Receipt by any party of a certificate of insurance, endorsement, or policy of insurance which is more restrictive than the Insurance Policies set forth above shall not be construed as a waiver or modification of the insurance requirements above or an implied agreement to modify same, nor is any verbal agreement to modify same permissible or binding. The “Insurance Policies” means, collectively, the Host Insurance Policy and the WTC Insurance Policies, as such terms are defined above. For the avoidance of doubt and notwithstanding the foregoing:

WTC hereby acknowledges and agrees that Host may satisfy the Host Insurance Policy requirements set forth within this Section by participating in a municipal self-insurance pool.

E-11. Assignment; Binding Effect. No rights or obligations under this Agreement may be assigned or delegated by either Party without the prior written consent of the other Party. Any purported assignment or delegation in violation of this Section is void ab initio. All of the terms of this Agreement will apply to, be binding upon, and inure to the benefit of the Parties hereto, their successors, and permitted assigns. Subject to the immediately preceding sentence, no third party will have any rights or remedies under this Agreement.

E-12. Relationship of the Parties. The Parties are acting herein solely as independent contractors. Nothing herein contained will create or be construed as creating a partnership, joint venture, or agency relationship between the Parties. Each Party acknowledges and agrees that it neither has nor will give the appearance or impression of having any legal authority to bind or commit the other Party in any way. Each Party will be solely responsible for all wages, income taxes, worker’s compensation, and any other requirements for all personnel it supplies in connection with this Agreement.

E-13. Jurisdiction and Dispute Resolution.
a. Governing Law. Notwithstanding the place where this Agreement may be executed by a Party, this Agreement and any claim, controversy, dispute or other matter arising hereunder or related hereto (whether by contract, tort or otherwise) shall be governed in accordance with the laws of the State of California, without regard to the conflict of laws provisions thereof that would result in the application of the laws of any other jurisdiction. In any litigation arising out of or relating to this Agreement, the Parties agree that venue shall be solely in either the United States District Court, Central District of California, or a California state court located in Riverside County, California. b. Enforcement. If a Party brings any action under this Agreement (including, without limitation, any challenge or appeal), the prevailing Party shall be entitled to recover from the other Parties reasonable attorneys’ fees and costs (including, without limitation, the cost of such action). The 137 CLICK HERE to Return to Agenda
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Parties agree to authorize the court to determine both the entitlement and apportionment of such fees and costs.

E-14. Rights and Remedies. The rights and remedies provided by this Agreement are given in addition to any other rights and remedies either Party may have by law, statute, ordinance or otherwise. All such rights and remedies are intended to be cumulative, and the use of any one right or remedy by either Party shall not preclude or waive its right to any or all other rights or remedies.

E-15. Notices. All notices, requests, demands, and other communications required or permitted hereunder shall be in writing and shall be deemed to have been duly given if emailed (with confirmation of receipt via read receipt), hand delivered, or delivered by certified or registered mail or by overnight delivery service:

If to WTC:

WORLD TRIATHLON CORPORATION
3407 West Dr. Martin Luther King Jr. Blvd., Ste. 100
Tampa, Florida 33607
Attention: Chief Legal Officer
E-mail: [email protected]
(or to such other person or address as WTC identifies to Host in accordance with this Section) If to Host: to the address listed on page 1 of this Agreement, with copy to:

Rutan & Tucker, LLP
18575 Jamboree Road, 9th Floor
Irvine, CA 92612
Attention: William H. Ihrke, Esq.

E-mail: [email protected]
E-16. No Oral or Implied Waivers or Modifications. If either Party fails to enforce any of the provisions of this Agreement or any rights hereunder or fails to exercise any election provided in this Agreement, it will not be considered to be a waiver of those provisions, rights or elections or in any way affect the validity of this Agreement. The failure of either Party to exercise any of these provisions, rights or elections will not preclude or prejudice such Party from later enforcing or exercising the same or any other provisions, rights or elections which it may have under this Agreement. No waiver will be of any force or effect unless set forth in a writing signed by the Party whose right is being waived. Subject to the immediately preceding sentence, no modifications to this Agreement will be binding upon the Parties unless modified, amended, cancelled, renewed, or extended in a writing signed by both Parties.

E-17. Entire Agreement. This Agreement (including all exhibits hereto) sets forth the entire agreement and understanding of the Parties relating to the subject matter hereof, and, with respect to such subject matter, supersedes all prior agreements, arrangements and understandings, written or oral, between the Parties.

Except as may be expressly set forth herein, there are no promises, conditions, representations, understanding, interpretations or terms of any kind as conditions or inducement to the execution hereof or in effect between the Parties.

E-18. Interpretation. The section headings included in this Agreement are for convenience of reference only and will not affect or be utilized in construing or interpreting this Agreement. If any term, clause or provision hereof is held invalid or unenforceable by the arbitrator or a court of competent jurisdiction, such invalidity will not affect the validity or operation of any other term, clause or provision and such invalid term, clause, or provision will be deemed to be severed from this Agreement, provided that both the economic and legal substance of the transactions that this Agreement contemplates are not affected in a manner materially adverse to either Party. This Agreement may be executed in counterparts, each of which will be deemed an original binding document but all of which will constitute one and the same instrument. Neither this Agreement nor any provision herein will be construed in favor or against either Party based on which Party 138 CLICK HERE to Return to Agenda
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drafted this Agreement or such provision. The exchange of copies of this Agreement and of signature pages by facsimile transmission, by e-mail, in “portable document format” (PDF) form, or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, or by a combination of any such means, constitutes effective execution and delivery of this Agreement as to the Parties and may be used in lieu of an original Agreement or signature pages for all purposes. For the avoidance of doubt:
signatures of the Parties transmitted by facsimile, email, or other electronic means will be deemed to be their original signatures for all purposes.
* * * * * *
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City of La Quinta
CITY COUNCIL MEETING: December 3, 2024

STAFF REPORT
AGENDA TITLE: INTRODUCE FOR FIRST READING AN ORDINANCE AMENDING CHAPTER 3.25 OF THE LA QUINTA MUNICIPAL CODE RELATED TO SHORT-TERM

VACATION RENTALS

RECOMMENDATION
 Move to take up Ordinance No. ___ by title and number only and waive further reading.
 Move to introduce at first reading, Ordinance No. ___ to amend Chapter 3.25 of the La Quinta Municipal Code related to Short-Term Vacation Rentals.

EXECUTIVE SUMMARY
 Staff periodically reviews Chapter 3.25 of the La Quinta Municipal Code related to Short-Term Vacation Rental (STVR) Program code and proposes amendments to update or clarify requirements and regulations as needed.  At the November 19, 2024, meeting Council updated the STVR permit fees where a new “multi-unit lock-off STVR unit” permit type was introduced and for which this code amendment would provide a definition.
 Proposed are also the addition of a definition for “subtenant” and miscellaneous minor revisions throughout Chapter 3.25 to better align the language with existing processes and/or to ensure language clarity and consistency.

FISCAL IMPACT – None.

BACKGROUND AND ANALYSIS
Staff periodically reviews Chapter 3.25 of the La Quinta Municipal Code related to the STVR program code and proposes amendments to update or clarify requirements and regulations as needed.

The items below provide a general summary of the proposed code additions and amendments to Chapter 3.25 via this ordinance:

1. Section 3.25.030 – Definitions – add definitions for “multi-unit lock-off STVR unit” and “Subtenant”
BUSINESS SESSION ITEM NO. 2
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At the November 19, 2024, meeting Council adopted Resolution No. 2024-041 approving updated STVR permit fees and introducing a new “multi-unit lock-off STVR unit” permit type for which this code amendment would provide a definition.

Additionally, “subtenant” is being defined to explicitly state that any rental activity of a privately owned dwelling, regardless of whether it was directly rented or sub-rented by the occupant(s), for 30-days or less constitutes an STVR rental and is subject to the STVR program requirements and regulations.

The revisions of Section 3.25.070, subsections (B), (M), and (T) ensure consistency of the existing code with these new definitions.

2. Section 3.25.060 – STVR permit – Application requirements – subsection (C) is amended to establish eligibility and specific requirements for conversion of existing rooms within a dwelling into bedrooms to be counted towards the total number of approved bedrooms under the STVR permit.

3. Miscellaneous minor revisions throughout Chapter 3.25 are proposed to better align the language with existing processes and/or to ensure language clarity and consistency.

ALTERNATIVES
Council may elect not to introduce the proposed ordinance; approve only some of the amendments and/or additions; or instruct staff to make additional/different amendments.

Prepared by: Monika Radeva, City Clerk
Approved by: Jon McMillen, City Manager
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ORDINANCE NO. XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

LA QUINTA, CALIFORNIA, ADDING SECTIONS AND
AMENDING SECTIONS OF CHAPTER 3.25 OF THE LA

QUINTA MUNICIPAL CODE RELATED TO SHORT-TERM

VACATION RENTALS
WHEREAS, Chapter 3.25 of the La Quinta Municipal Code (LQMC) relates to short-term vacation rentals, including permitted uses, short-term vacation rental process and permitting procedures, requirements, violations, fines, etc.; and WHEREAS, the City has the authority to regulate residential uses, including shortterm vacation renal uses, operating within the City; and WHEREAS, the proposed additions and amendments to Chapter 3.25 are intended to:

1. Section 3.25.030 – Definitions – add definitions for “multi-unit lock-off STVR unit” and “Subtenant”
At the November 19, 2024, meeting Council adopted Resolution No. 2024-041 approving updated STVR permit fees and introducing a new “multi-unit lock-off STVR unit” permit type for which this code amendment would provide a definition.

Additionally, “subtenant” is being defined to explicitly state that any rental activity of a privately owned dwelling, regardless of whether it was directly rented or sub-rented by the occupant(s), for 30-days or less constitutes an STVR rental and is subject to the STVR program requirements and regulations.

The revisions of Section 3.25.070, subsections (B), (M), and (T) ensure consistency of the existing code with these new definitions.

2. Section 3.25.060 – STVR permit – Application requirements – subsection (C) is amended to establish eligibility and specific requirements for conversion of existing rooms within a dwelling into bedrooms to be counted towards the total number of approved bedrooms under the STVR permit.

3. Miscellaneous minor revisions throughout Chapter 3.25 are proposed to align the language with existing processes and/or to ensure language clarity and consistency.

NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows:
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Ordinance No. XXX
Chapter 3.25 Short-Term Vacation Rentals – Additions and Amendments Adopted: Month Date, 2024