La Quinta City Council
March 18, 2025

clerical errors to “Exhibit A” to ensure consistency of all approved text amendments prior to the publication in the La Quinta Municipal Code.

SECTION 6. 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 March 18, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
_________________________
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
___________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
193
Ordinance No. XXX
Amending Title 7 Historic Preservation – adding Chapter 7.09 Mills Act Contracts & Section 7.06.050 De-Designation of Landmark Property or District
Adopted: ________, 2025

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

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

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

DECLARATION OF POSTING
I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on the day of , 2025, pursuant to Council Resolution.
________________________
MONIKA RADEVA, City Clerk
City of La Quinta, California
194
La Quinta, California, Municipal Code
Title 7 HISTORIC PRESERVATION
La Quinta, California, Municipal Code Created: 2024-10-10 15:45:37 [EST] (Supp. No. 6, Update 1 )

Title 7

HISTORIC PRESERVATION
Chapter 7.02 GENERAL REGULATION AND ADMINISTRATION

7.02.010 Short title.

This title shall be known as the "historic preservation ordinance." (Ord. 238 § 2, 1993; Ord. 207 § 1, 1992)

7.02.020 Purpose and intent.

It is the intent and purpose of this title to:

A. Effect the protection, enhancement and perpetuation of historic resources, landmarks and districts that represent or reflect elements of the city's diverse cultural, social, economic, political and architectural history;
B. Safeguard the city's historic heritage, as represented by its historic resources, landmarks and historic districts;
C. Stabilize and improve property values;
D. Foster civic pride in the character and accomplishments of the past; E. Protect and enhance the city's attraction to residents, tourists and visitors and serve to support and stimulate business and industry;
F. Strengthen the economy of the city;
G. Promote the use of historic districts and landmarks for the education, enjoyment and welfare of the people of the city.
(Ord. 238 § 2, 1993; Ord. 207 § 1, 1992)

7.02.030 Boundaries and areas of application.

This title shall apply to all historic resources, publicly and privately owned, within the corporate limits of the city. (Ord. 238 § 2, 1993; Ord. 207 § 1, 1992)

7.02.040 Definitions.

Whenever the following words or terms are used in this title they shall have the meaning established by this section:
"Alteration" means any change or modification, through public or private action, of any historic resource or of any property located within a historic district, including, but not limited to, exterior changes to or modifications of a ORDINANCE NO. XXX
EXHIBIT$
Adopted: ____, 2025
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(Supp. No. 6, Update 1 )

structure or any of its architectural details or visual characteristics, including paint color and surface texture, grading, surface paving, new structures, cutting or removal of trees and other natural features, disturbances of archaeological sites or areas, and the placement or removal of any objects such as signs, plaques, light fixtures, street furniture, walls, fences, steps, plantings and landscape accessories affecting the historic qualities of the property.
"Archaeological site" means an area where remains of man or his activities prior to keeping of history are still evident.
"Certificate of appropriateness" means a certificate issued by the city council approving such plans, specifications, design or statements of work for any proposed alteration, restoration, construction, removal, relocation or demolition, in whole or in part, of or to any historic resource or to any improvement within a historic district. "Commission" means the planning commission established by this title. "Contributing structure" means a structure within a designated historic district which has a special character, special historic or aesthetic interest or value, and is incorporated into the district for that reason. "Exterior architectural feature" means the architectural style, design, general arrangement, components and natural features and all the outer surfaces of the improvement, including, but not limited to, the kind and texture of the building material, the type and style of all windows, doors, lights, signs, walls, fences, and other fixtures appurtenant to such improvement, and the natural form and appearance of any grade, rock, body of water, stream, tree, plant, shrub, road, path, walkway, plaza, fountain, sculpture, or other form of natural or artificial landscaping.
"Historic district" means any area which contains one (1) or more historic resources or landmarks which has a special character or special historical value, along with other structural, cultural, architectural, archaeological, agricultural, community or aesthetic value, or which represents one (1) or more architectural periods or styles typical to the history of the city, that has been designated a historic district pursuant to this title. "Historic resource" means improvements, including, but not necessarily limited to, buildings, landscape, structures, signs, features, sites, places, areas, or other objects of scientific, aesthetic, educational, cultural, architectural, agricultural or historic significance to the citizens of the city. "Historic resources inventory" means the historic resources inventory adopted and maintained by council pursuant to Chapter 7.06 of this title.
"Improvement" means any building, structure, place, site, structural work of art, landscape feature, plant life, lifeform, scenic condition, parking facility, fence, gate, wall or other object constituting a physical betterment of real property, or any part of such betterment.
"Landmark" means any property or improvement, manmade or natural, which has special historic, cultural, architectural, archaeological, community interest or value as part of the development, heritage or history of the city, the state of California, or the nation, and that has been designated as a landmark pursuant to this title. "Ordinary maintenance" means any cleaning, painting, and/or other restoration which does not result in the alteration of an improvement or landmark.
"Paleontological site" means an area where fossilized or otherwise preserved remains of plants or animals which generally predate man's emergence on the earth are still evident. "Person" means any individual, association, partnership, firm, corporation, public agency, or political subdivision. "Secretary of the Interior's Standards for Rehabilitation" means the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings by the U.S. Department of the Interior, or the National Park Service.
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"Site" means any parcel or portion of real property which has special character or special historic, cultural, archaeological, architectural, community or aesthetic value. (Ord. 536 § 1, 2016; Ord. 238 § 2, 1993; Ord. 207 § 1, 1992) Chapter 7.06 HISTORIC RESOURCES, HISTORIC LANDMARKS AND HISTORIC

DISTRICTS

7.06.010 Establishment of historic resources inventory.

The city council shall establish and maintain a historic resources inventory according to the requirements of the state historic preservation office.
(Ord. 536 § 2, 2016; Ord. 238 § 2, 1993; Ord. 207 § 1, 1992)

7.06.020 Criteria for historic resources inventory.

A historic resource may be considered for inclusion in the historic resource inventory based on one (1) or more of the following:

A. It exemplifies or reflects special elements of the city's cultural, social, economic, political, aesthetic, engineering or architectural history; or
B. It is identified with persons or events significant in local, state or national history; or C. It embodies distinctive characteristics of a style, type, period or method of construction, is a valuable example of the use of indigenous materials or craftsmanship or is representative of a notable work of an acclaimed builder, designer or architect; or
D. It is an archaeological, paleontological, botanical, geological, topographical, ecological or geographical site which has the potential of yielding information of scientific value; or E. It is a geographically definable area possessing concentration of site, buildings, structures, improvements or objects linked historically through location, design, setting, materials, workmanship, feeling and/or association, in which the collective value of the improvements may be greater than the value of each individual improvement.
(Ord. 536 § 2, 2016; Ord. 238 § 2, 1993; Ord. 207 § 1, 1992)

7.06.030 Landmark designation procedures.

Landmarks shall be established by the city council in the following manner:

A. Any person may request the designation of an improvement as a landmark by submitting a written request for such designation to the planning commission. The planning commission or city council may also initiate such proceedings by motion.

B. Any such request shall be filed with the planning and development department upon prescribed forms and shall include the following data:

1. Name and address of property owner and assessor's parcel number and address of site; 197 CLICK HERE to Return to Agenda
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2. Description of the proposed landmark, including special aesthetic, cultural, architectural or engineering interest or value of a historic nature, including information about the architecture, notable features, construction and other information indicating the historical significance of the site;

3. Sketches, photographs or drawings;

4. Statement of condition of the improvement;

5. Explanation of any known threats to the improvement of the site;

6. Additional information:
a. Site plan in appropriate scale,
b. Legal description of the property,
c. Photographs, old and recent,
d. Proposed use,
e. Existing zoning,
f. Bibliography and references,
g. Chain of title, if available.

C. Within forty-five (45) days of the date of the request, the commission shall hold a public hearing to review the landmark application according to the criteria of Section 7.06.020.

D. Notice of the public hearing shall be published in a paper of local circulation at least ten (10) days prior to the hearing date. In addition, notice of the date, place, time and purpose of the hearing shall be mailed, return receipt requested, to the owner of the proposed landmark property as shown on the last equalized assessment role at least fourteen (14) days prior to the date of the public hearing. Failure to send notice by mail to any property owner when the address of such owner is not on the latest equalized assessment role shall not invalidate any proceedings in connection with the proposed designation.

E. A notice of the request for designation as a landmark shall be forwarded to the building and safety department and no building or demolition permits for any alteration to any exterior architectural features of the proposed landmark shall be issued while the matter is pending final decision.

F. After the public hearing, the commission shall, by resolution, make a report and recommendation to the city council. If the commission determines that the improvement does not meet landmark criteria, the process shall terminate and the commission shall notify the property owner and applicant of such termination in writing within ten (10) days of the commission's determination. If the commission determines that the historical resource warrants landmark designation and the property owner has consented to same in writing, then the commission shall submit a written recommendation to the city council incorporating its reasons in support of the proposed landmark designation. Without the property owner's consent to the proposed designation, the proposal shall terminate.

G. The city council shall hold a public hearing on the proposed historic landmark designation within thirty (30) days of the receipt of the recommendation from the commission.

H. At the conclusion of the public hearing on the proposed designation, the city council shall, by resolution, designate, conditionally designate, or disapprove the designation of the landmark. Written notice of the city council action shall be mailed to the property owner. (Ord. 536 § 2, 2016; Ord. 238 § 2, 1993; Ord. 207 § 1, 1992) 198 CLICK HERE to Return to Agenda
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7.06.040 Historic district designation procedures.

Historic districts shall be established by the city council in the following manner:

A. The procedures for designating a historic district shall be the same as for designating a landmark, except as otherwise provided in this section.

B. Any application for designation of a historic district shall be filed with the planning and development department upon the prescribed form and shall include the following data:

1. Boundaries of the proposed district and a list of names and addresses of property owners, assessor's parcel numbers and addresses of properties within the boundaries;

2. Description of the proposed historic district, including special aesthetic, cultural, architectural or engineering interest or value of a historical nature;

3. Sketches, photographs or drawings;

4. Statement of condition of structures and improvements within the district;

5. Explanation of any known threats to any historic resource within the district;

6. Other information requested by the planning and development department.

C. If written consent of two-thirds (⅔) of the owners of property within the proposed district to the proposed designation is not obtained at the time of the planning commission hearing, the process shall terminate and the commission shall notify the property owners and applicant of the termination within fourteen (14) days of the commission's determination.

D. If the commission determines that the area warrants historic district designation, it shall submit a written recommendation to the city council incorporating its reasons in support of the proposed district designation, within thirty (30) days of its decision. Such recommendation shall include a report containing the following information:

1. A map showing the proposed boundaries of the historic district and identifying all structures within the boundaries, contributing or noncontributing;

2. An explanation of the significance of the proposed district and description of the cultural resources within the proposed boundaries;

3. Recommendations as to appropriate permitted uses, special uses, height and area regulations, minimum dwelling size, floor area, sign regulations, parking regulations and any other modification to existing development standards necessary or appropriate to the preservation of the proposed historic district;

4. Proposed design guidelines for applying the criteria for review of certificates of appropriateness to the nominated historic district.
(Ord. 536 § 2, 2016; Ord. 238 § 2, 1993; Ord. 207 § 1, 1992)

7.06.050 De-designation of a landmark property or district.

A. Findings of Fact. De-designation of a landmark property or district may be initiated by the property owner or by the City based on one or more of the following findings of fact.

1. New evidence is provided to the City that demonstrates the previously identified historical significance of the landmark property or district has been reduced or no longer exists such that the landmark property or district no longer meets the eligibility criteria; or 199 CLICK HERE to Return to Agenda
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2. The landmark property or district was designated inaccurately based on incorrect information; or

3. The integrity of the landmark property or district itself has been greatly diminished such that it no longer physically conveys its identified historical significance resultant from extensive unintentional damage, fire, flood, or natural disaster.

B. Historic Landmark Assessment Report. A Historic Landmark Assessment Report may be required, at the Design and Development Director’s discretion, as part of the de-designation request, and will be paid for by the applicant. The Historic Landmark Assessment Report shall respond to the findings of fact included in this section and shall be provided to the Planning Commission and City Council.

C. De-designation Procedures

1. Pursuant to the California Environmental Quality Act, the City shall complete the appropriate environmental review for the proposed de-designation process.

2. The Planning Commission shall consider all landmark de-designation requests and associated Historic Landmark Assessment Reports as well as any other information provided by the applicant or the Director. Upon consideration at a regularly scheduled public hearing, the Planning Commission shall forward a recommendation to the City Council to de-designate or to not dedesignate the property or district in question.

3. If one or more of the findings of fact exist, the City Council, at a regularly scheduled public hearing, may:
a. De-designate the landmark property or district and update or cancel the Mills Act Agreement accordingly; or
b. Maintain the previous designation assigned.

E. Filing fees for de-designation of a landmark property or district shall be determined by resolution of the City Council.

Chapter 7.08 PERMITS AND PERMIT PROCEDURES

7.08.010 Permits to work on historic resources, landmark or historic district.

A. It is unlawful for any person to tear down, demolish, construct, alter, remove or relocate any improvement or any portion thereof which has been designated a historic landmark pursuant to the provisions of this chapter, or which lies within a historic district, or to alter in any manner any feature of such a designated landmark, landmark site or improvement within a historic district without first obtaining a permit in the manner provided in this chapter.

B. No board, department or commission shall grant any permit to carry out such work on a designated landmark, landmark site or within a historic district, unless a permit has previously been issued by the city council as provided in this chapter. No application for a building permit, demolition permit, grading permit, redevelopment permit, conditional use permit, variance, development plan, zone change, tentative parcel or subdivision maps, or any other permit which would allow the addition of a designated landmark, landmark site or any improvement in a historical district, shall be deemed complete unless a permit has previously been issued pursuant to this chapter.

C. No permit shall be necessary for ordinary maintenance and repair if the proposed work will not alter or change the style, color, design, features or character of the landmark site or improvement and a permit is not required under Section 301(b) of the Uniform Building Code, nor does this chapter prevent the construction, reconstruction, alteration, restoration, demolition or removal of any such improvement when the building and safety department certifies to the council that such action is required for the public safety 200 CLICK HERE to Return to Agenda
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due to an unsafe or dangerous condition which cannot be rectified through the use of the State Historical Building Code.
(Ord. 238 § 2, 1993; Ord. 207 § 1, 1992)

7.08.020 Permit procedure.

A. An application for a permit to do work in a historic district or on a designated landmark shall be submitted to the planning and development department on forms provided by the planning and development director.

This application must include the plans and specifications for the proposed work. Within thirty (30) days of the receipt of the complete application the commission shall review the application and shall make a written report to the city council. The city council shall hold a public hearing on the application within thirty (30) days of receipt of the commission's report. Notice of the public hearing shall be given as provided in Section

9.164.040 of this code.

B. At the conclusion of the public hearing on the permit application, the city council shall, by resolution, issue or deny, in whole or in part, any permit application.
(Ord. 238 § 2, 1993; Ord. 207 § 1, 1992)

7.08.030 Permit criteria.

The city council shall issue a permit for the proposed work if, and only if, it determines:

A. In the case of a designated historical site, that the proposed work would not detrimentally alter, destroy or adversely affect any architectural or landscape improvement; B. If the owner of a designated historical site or landmark demonstrates to the city council that such property cannot be economically used and denial of a permit would deprive the owner of all or most of his or her economic interest in the property, the council may issue the permit with an effective date one hundred eighty (180) days from the date of issuance of the permit to allow time for the investigation of alternatives to the work proposed in the permit application, such as acquisition of site or improvement by the city or a public interest group;
C. In the case of construction of a new improvement, upon a historic site, that the exterior of such improvement will not adversely affect and will be compatible with the external appearance of existing historically designated improvements in said site;
D. That the applicant has presented clear and convincing evidence of facts demonstrating to the satisfaction of the city council that such disapproval will impose immediate and substantial hardship on the applicant because of conditions peculiar to the person seeking to carry out the proposed work, whether this be property owner, tenant or resident, or because of conditions peculiar to the particular improvement, or other feature involved, and that approval of the application will be consistent with the purposes of this chapter.
(Ord. 238 § 2, 1993; Ord. 207 § 1, 1992)

7.08.040 Duty to keep in good repair.

The owner, occupant or other person legally responsible for a landmark or historic district shall keep in good repair all portions of such landmark, district or historic site when subject to control as specified in the designating ordinance or permit and all interior portions and appurtenances thereof whose maintenance is necessary to 201 CLICK HERE to Return to Agenda
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prevent deterioration and decay of the historic resource. It shall be the duty of the building and safety director or designee to enforce this section.
(Ord. 238 § 2, 1993; Ord. 207 § 1, 1992)

7.08.050 Existing improvements.

All repairs, alterations, reconstructions, restorations or changes in use of existing improvements shall conform to the requirements of the state historical building code. (Ord. 238 § 2, 1993; Ord. 207 § 1, 1992)
Chapter 7.09 MILLS ACT CONTRACTS

7.09.010 Mills Act contracts
A. This section implements the Mills Act (California Government Code section 50280 et seq.), related to landmark property contracts. The Mills Act authorizes local governments to enter into contracts with owners of private landmark property who will preserve and, when necessary, restore and rehabilitate the property. As consideration for the preservation, restoration, and rehabilitation of the property, a Mills Act contract will qualify the property for an assessment of valuation in accordance with California Revenue and Taxation Code section 439 et seq., which may result in tax savings for the property owner.

B. An owner of a property that is designated as a landmark pursuant to Title 7 is eligible and may apply to enter into a Mills Act contract with the city.

C. The City Council, by resolution, may limit the number of Mills Act contracts the city enters in any calendar year.

D. When considering whether an applicant is suitable for a Mills Act contract, the city shall evaluate applications that demonstrate any of the following:

1. The property is particularly significant due to its historic integrity, location, or other attribute.

2. The applicant has the ability to preserve and, when necessary, restore and rehabilitate the property.

3. The preservation and, when necessary, restoration and rehabilitation of the property will enhance the city's inventory of historic and cultural resources and landmark properties.

E. The Planning Division of the Design and Development Department shall make available Mills Act application materials.

F. A property owner who wishes to enter into a Mills Act contract with the city must submit an application to the Design and Development Director and pay a processing and administrative fee in an amount established by resolution of the city council. The Design and Development Director, or his or her designee, within 60 days of receipt of a complete application, shall determine the applicant's suitability for a Mills Act contract based on subsections B and D above. If the Design and Development Director, or his or her designee, determines the applicant is suitable for a Mills Act contract, the Design and Development Director, or his or her designee, shall prepare and make recommendations on the contents of the contract for consideration by the City Council.
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G. The City Council may, in its sole discretion, approve, approve with conditions, or deny the proposed contract.

H. A Mills Act contract application that has been denied by the City Council cannot be resubmitted for one year from the date of City Council action.

Chapter 7.10 ENFORCEMENT—PENALTIES

7.10.010 Enforcement.

A. Whenever any alteration, demolition, relocation, construction, or grading of any site is being done contrary to the provisions of this title, the building and safety director or designee may order the action stopped by notice in writing served on any person or persons engaged in the doing or causing of such action, and any such person or persons shall forthwith stop such activity until authorized by the building and safety director or designee to proceed.

B. It is unlawful for any person to carry out any work on any improvement or site in violation of a notice stopping such work.

C. Any violation of the provisions of this title shall constitute a public nuisance. (Ord. 238 § 2, 1993; Ord. 207 § 1, 1992)

7.10.020 Restitution.

Upon damage, destruction or removal of a historic resource, designated landmark or historic district without permit, the planning commission shall review the action and make recommendation for restitution commensurate with damage inflicted, specifically assessing the historic, as well as economic, value of the resource destroyed. (Ord. 536 § 3, 2016; Ord. 238 § 2, 1993; Ord. 207 § 1, 1992) 203 CLICK HERE to Return to Agenda
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City of La Quinta
CITY COUNCIL MEETING: March 18, 2025

STAFF REPORT
AGENDA TITLE: ADOPT RESOLUTION TO UPDATE THE CITY’S AGENCY CREDIT

CARD AND E-CHECK PASS-THROUGH SERVICE FEES

RECOMMENDATION
Adopt a Resolution to update the City’s agency credit card and e-check pass-through service fees.

EXECUTIVE SUMMARY
 Updates to some of the credit card and e-check pass-through services fees are proposed due to changes of third-party processors.
 The proposed Resolution, if adopted, will update the agency credit card and e-check pass-through service fees, which will go into effect upon adoption, on March 18, 2025, and will update sections of the City’s current Master Fee Schedule (MFS).  The updated pass-through fees will be implemented effective April 1, 2025, to allow time for proper notification.

FISCAL IMPACT
All credit card and e-check service fees will be passed through to the user.

BACKGROUND/ANALYSIS
Minor updates, listed below, are required to the current agency pass-through service fees for payments received using credit cards and e-checks due to changes of third-party processors:
 GovOS Pay – servicing the STVR program
Credit cards – increase from 2.75% to 3% with a $0.50 minimum per transaction E-checks – increase from $0.35 to $1.00 per e-check
 ERP Pro 10 (Tyler Incode) – servicing Finance and Code Compliance Departments
Credit cards – apply a 3% pass-through fee
BUSINESS SESSION ITEM NO. 2
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If the proposed Resolution is adopted, the updated fees will revise portions of the City’s current MFS, which was adopted on July 16, 2024, via Resolution No. 2024-031. Other than the updates and additions stated above, there are no changes proposed to the City’s MFS user and regulatory fees.

The updated fees will go into effect upon adoption, on March 18, 2025, and will be implemented effective April 1, 2025.

AGENCY AND PUBLIC REVIEW
Notice regarding the proposed fee updates was provided in accordance with Government Code Sections 66016. Interested stakeholders, the Building Industry Association of Southern California – Riverside County Chapter (BIA), Desert Valleys Builder Association (DVBA), and the Southern California Gas Company (SC Gas) received notice of these recommendations on March 18, 2025. As of this writing, no comments have been received from either entity.

ALTERNATIVES
As the City has transitioned not to subsidize third-party pass-through service fees, staff does not recommend an alternative.

Prepared by: Monika Radeva, City Clerk
Approved by: Jon McMillen, City Manager
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RESOLUTION NO. 2025 – XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, AMENDING THE CITY’S

AGENCY CREDIT CARD AND E-CHECK PASS-THROUGH

SERVICE FEES
WHEREAS, this action is exempt under the California Environmental Quality Act (CEQA), Article 18, Statutory Exemptions, Section 15273(a) Rates Tolls Fares and Charges; and
WHEREAS, due to changes in third-party processors of credit card and e-check fees, updates to the agency pass-through services fees are required; and WHEREAS, the adopted fees shall be incorporated into the City’s current Master Fee Schedule, which was adopted on July 16, 2024, via Resolution No. 2024-031.

Incorporating this fee into the Master Fee Schedule will allow for the fees to be considered with future comprehensive user and regulatory fee updates. Resolution No. 2024-031 is hereby amended as expressly provided by this resolution but shall otherwise remain in full force and effect.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows:

SECTION 1. The City Council hereby adopts each recital set forth above as a specific finding.

SECTION 2. The City Council hereby adopts the agency credit card and e-check pass-through service fees as set forth in attached “Exhibit A," incorporated herewith by this reference, which will be added and or replace existing fees in the Master Fee Schedule.

SECTION 3. This Resolution and the fees it adopts shall go into effect upon adoption.

PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 18th day of March 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
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Resolution No. 2025 – xxx
Agency Credit Card and E-Check Pass-Through Fees Update Adopted: March 18, 2025

________________________
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
_________________________
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
___________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
208 CLICK HERE to Return to Agenda
Fee Description Current Fee * Proposed Fee * Change Unit Notes 1 Black and White Copy - up to 8.5 x 14 $0.15 $0.15 0.00% per single-sided page 2 Black and White Copy - 11 x 17 $0.20 $0.20 0.00% per single-sided page 3 Color Copy - up to 8.5 x 14 $0.25 $0.25 0.00% per single-sided page 4 Color Copy - 11 x 17 $0.50 $0.50 0.00% per single-sided page 5 Oversized Sheets (Plans/Maps) $3.00 $3.00 0.00% per sheet [a] 6 CD/DVD/Flash Drive $5.00 $5.00 0.00% per CD or DVD
7 Agency Credit Card / E-Check Service Fee
a) Credit Card pass-through % of fees paid [b]
b) E-Check pass-through % of fees paid [c]
8 Processing Fee for Receipt of Non-Sufficient Funds
a) First from Payee $25.00 $25.00 0.00% per occurence [d] b) Each Subsequent from Payee $35.00 $35.00 0.00% per occurence [d] [a] If more than two sheets are requested, the City will typically process the request using an outside vendor service. [d] Set by State (Civil Code Section 1719).
[c] Pass-through for payments processed using Tyler InterGov is currently $1.95. Pass-through for payments processed using GovOS Pay is currently $1.00 $0.35. Pass-through for payments processed using RecTrak is currently $1.00. If the City uses alternative processors, or processing fees for existing vendors change, the City will pass-through updated amounts.

City of La Quinta
Master Fee Schedule
Schedule of Administrative Fees
* In addition to the fees identified in this schedule, the City will pass-through to the applicant any fees imposed by other agencies and any discrete costs incurred from the use of outside service providers required to process the specific request for information/service. * In addition to the fees identified in this schedule, if a request for electronic records either (1) is for a record normally issued only periodically, or (2) requires data compilation, extraction, or programming, costs will include the cost of producing the copy, including construction, programming and computer services. [b] Pass-through for payments processed using Tyler InterGov is currently 3.75% with a $2.50 minimum. Pass-through for payments processed using GovOS Pay is currently 3% with a $0.50 minimum 2.75%. Passthrough for payments processed using RecTrak is currently 2.95%. Pass-through for payments processed using ERP Pro 10 (Tyler Incode) is currently 3%. If the City uses alternative processors, or processing fees for existing vendors change, the City will pass-through updated amounts.

EXHIBIT A
Resolution No. 2025-XXX
Adopted: March 18, 2025
City of La Quinta

MASTER FEE SCHEDULE - CREDIT CARD & E-CHECK FEES
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CITY COUNCIL MEETING: March 18, 2025
City of La Quinta

STAFF REPORT
AGENDA TITLE: APPROVE COACHELLA VALLEY POWER AGENCY JOINT

POWERS AGREEMENT

RECOMMENDATION
Approve the Coachella Valley Power Agency Joint Powers Agreement

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 City of La Quinta and the greater Coachella Valley (CV), expires 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 CV which accounts for approximately 65% of IID’s energy revenues.  The proposed Coachella Valley Power Agency (CVPA) Joint Powers Agreement (JPA) establishes an independent public agency for Riverside County and the CV to give stakeholders the authority they have sought to address electrical infrastructure needs and services (Attachment 1).

FISCAL IMPACT – None

BACKGROUND/ANALYSIS
Addressing the unique and growing electrical infrastructure for the communities in the CV served by IID is a top priority for the region, and the City . The upcoming expiration of the Agreement has raised questions and concerns from local elected leaders and community stakeholders regarding representation on electrical service matters, including meeting the current and future electrical infrastructure needs of the communities served by IID.

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 have never been eligible 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.

BUSINESS SESSION ITEM NO. 3
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After three years of meetings and study sessions, the Coachella Valley Energy Commission (CVEC) members concluded that forming the CVPA JPA is the best approach for moving forward. During a Study Session on December 3, 2024, the Council voiced support for the CVPA JPA ahead of the December 12, 2024, meeting of CVEC which approved a resolution endorsing the draft CVPA JPA.

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.

Additionally, the resolution recognizes the Coachella Valley Association of Governments (CVAG) as the entity that can create, operate, administer and manage the CVPA JPA until the CVPA JPA can hire its own staff.

The JPA represents a collaborative approach to addressing representation and electrical infrastructure needs of the CV. It includes input from various stakeholders, including Leadership Counsel for Justice and Accountability, a nonprofit organization representing communities in the unincorporated areas of eastern Riverside County.

Leadership Counsel’s recommendations included increasing the meeting frequency, clarifying procedures for requesting and approving the optional weighted vote, composition and role of the ad-hoc committee and ex-officio members, redefining a quorum, and ensuring robust public participation and engagement.

To address these suggestions, the CVPA JPA, which includes standard provisions in any JPA agreement, was amended to increase the frequency of the meetings from at least one annually, to one meeting quarterly; and increased the quorum requirement to at least three Directors representing a majority of the members based on weighted vote shares.

Once the CVPA is established, the bylaws will address the additional suggestions, and any other procedural and administrative matters. The CVPA JPA will work with Leadership Counsel and any other community organization, to ensure the community interests are represented and addressed.

ALTERNATIVES
Council may approve, deny or recommend revisions to the proposed CVPA JPA Agreement.

Prepared by: Sherry Barkas, Communications Specialist
Approved by: Jon McMillen, City Manager
Attachment: 1. CVPA JPA Agreement
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COACHELLA VALLEY POWER AGENCY

JOINT POWERS AGREEMENT
3-14-2025
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 1
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2 COACHELLA VALLEY POWER AGENCY

JOINT POWERS AGREEMENT

This Joint Powers Agreement (“Agreement”), dated for reference purposes as of May 1, 2025, 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 214 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 May 1, 2025, 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 215 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.
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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. 217 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.

2.4.3 Nothing in this Agreement shall preclude a Party from establishing or operating a municipal electric utility, either as a separate legal entity or as a utility service provided by the establishing 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, improvements or equipment; 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;

2.5.5 to sue and be sued in its own name;

2.5.6 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;
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7 2.5.7 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;

2.5.8 to issue revenue bonds and other forms of indebtedness;

2.5.9 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;

2.5.10 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;

2.5.11 to adopt ordinances, policies, bylaws, rules, and regulations related to CVPA operations;

2.5.12 to establish ordinances, policies, rules, rates, fees, charges and surcharges (including without limitation development impact fees) related to the acquisition, generation, and distribution of energy, the provision of energy services, the acquisition of land, improvements and equipment related thereto, and programs, projects and general operations undertaken within Member service territories;

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

2.5.14 to invest money in its treasury, pursuant to Government Code Section 6505.5 et seq., that is not required for the immediate necessities 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.;

2.5.15 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;

2.5.16 to carry out and enforce all provisions of this Agreement; 219 CLICK HERE to Return to Agenda
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8 2.5.17 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

2.5.18 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.

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 220 CLICK HERE to Return to Agenda
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9 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.

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 quarterly meeting and shall provide for such other regular meetings as it deems necessary. Meetings of the Board shall be held at such locations as authorized under the Ralph M. Brown Act (California Government Code Sections 54950 et seq.), 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.

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. 221 CLICK HERE to Return to Agenda
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10 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.

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 222 CLICK HERE to Return to Agenda
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11 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 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 December 31 immediately preceding 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.
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12 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
Section 7.5 (amendment of this Agreement) shall require the affirmative vote of at least two-thirds of Directors 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 Requirement for Eminent Domain
i A decision to exercise the power of eminent
domain on behalf of CVPA to acquire any property
interest shall require a vote of at least 75% of all
Directors.
ii Notwithstanding the foregoing, any one (1) or more
Directors present at the meeting may demand that
a vote under subsections (i) 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, as well as
two-thirds of all Directors.
(c) Seventy-Five Percent Special Voting Requirement for Contributions or Pledge of Assets.
(i) The imposition on any Member of any obligation to
make contributions or pledge assets as a condition
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13 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.
(ii) Notwithstanding the foregoing, any one (1) or more Directors present at the meeting may demand that
a vote under subsection (i) 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.

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.
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14 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 or resolution.

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 or resolution, 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 any rates, fees, or 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 226 CLICK HERE to Return to Agenda
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15 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 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 227 CLICK HERE to Return to Agenda
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16 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.

3.17 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.

3.18 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.

3.19 Administrative Services Provider. The Board may appoint one or more administrative services providers to serve as CVPA’s agent for planning, 228 CLICK HERE to Return to Agenda
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17 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 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 229 CLICK HERE to Return to Agenda
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18 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.

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 230 CLICK HERE to Return to Agenda
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19 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 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.
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20 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 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 232 CLICK HERE to Return to Agenda
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21 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, 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, costs (including debt service or other financing costs) related to distribution and/or generation facilities constructed to serve such 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 233 CLICK HERE to Return to Agenda
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22 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 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 234 CLICK HERE to Return to Agenda
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23 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 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 235 CLICK HERE to Return to Agenda
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24 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, 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 236 CLICK HERE to Return to Agenda
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25 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 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. 238 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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65285.00001\42665621.4
Coachella Valley Power Agency
Joint Powers Agreement
March 14, 2025
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). 241 CLICK HERE to Return to Agenda
65285.00001\42665621.4
Coachella Valley Power Agency
Joint Powers Agreement
March 14, 2025
30 Signature Pages to follow….

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City of La Quinta
CITY COUNCIL MEETING: March 18, 2025

STAFF REPORT
AGENDA TITLE: DISCUSS TURF REPLACEMENT FOR SILVERROCK RESORT

GOLF COURSE

RECOMMENDATION
Discuss turf replacement for SilverRock Resort Golf Course.

EXECUTIVE SUMMARY
 SilverRock Resort Golf Course is managed by Landmark Golf Management LLC (Landmark).
 Following a successful test of new Bermuda grass variants on the 5th hole in 2024, Landmark proposes replacing the turf on the remaining eight (8) front nine holes during summer 2025 and the back nine (9) holes during summer 2026.  These Bermuda variants, Coachella, Latitude, TifTuf, and MiniVerde (greens only), offer improved year-round performance, drought tolerance, and potential overseeding cost savings.

FISCAL IMPACT
Estimated cost of turf replacement for the remaining 8 holes is approximately $1,050,000.

The remaining fund balance from Fund 602, SilverRock Golf Reserve, and Unassigned General Fund balance would be used to fund the project.

BACKGROUND/ANALYSIS
SilverRock Resort Golf Course opened in 2005 with TifSport Bermuda grass, which proved problematic due to poor summer transition and unplayable turf conditions. In June 2024, Landmark Golf Management, LLC, the City’s golf course maintenance and operations contractor, proposed testing new Bermuda grass variants on the 5th hole.

The test demonstrated that these new grass types transition faster, hold color longer during winter, tolerate overseeding better, and require less water. Based on these results, Landmark recommends replanting the remaining eight (8) front nine (9) holes in summer 2025 and the back nine (9) holes in summer 2026.

STUDY SESSION ITEM NO. 1
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The 5th hole survey results from guests indicate they prefer an overseeded playing surface versus a non-overseeded fairway that makes it more challenging to execute shots due to the firmness of the fairway.

Key benefits include:

Improved Playing Conditions: Year-round aesthetics and playability with no spring/summer turf transition issues. The turf will provide a better Bermuda Grass base which ensures improved overseed quality and better playing conditions. This could allow for an increase in green fee prices year-round, resulting in higher annual green fee revenue. For example, a $5 annual increase in average green fees would amount to over $200,000 in increased revenue annually.

Operational Efficiency: Less downtime for summer green aerification and faster recovery times which translates to increased green fee revenue immediately following aerification.

Water Conservation: The drought tolerant turf would reduce water usage during summer months saving approximately 15% or $15,000 annually.

These improvements will enhance the golf course’s overall appearance, functionality, and sustainability while supporting future hotel and home site developments adjacent to SilverRock Golf Course.

Prepared by: Laurie McGinley, Management Specialist
Approved by: Jon McMillen, City Manager
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City of La Quinta
CITY COUNCIL MEETING: March 18, 2025

STAFF REPORT
AGENDA TITLE: DISCUSS MASTER PLANNING, VISTA SANTA ROSA DESIGN

GUIDELINES, AND COMMUNITY OUTREACH RELATING TO THE SOUTHERN

SPHERE OF INFLUENCE AREA

RECOMMENDATION
Discuss master planning, Vista Santa Rosa Design Guidelines and community outreach relating to the southern sphere of influence area.

EXECUTIVE SUMMARY
 Council has held several study sessions regarding the City’s sphere of influence (SOI), particularly the southern SOI. Items prepared and discussed:
o Considered potential additional lands for extension of the southern SOI. o Fiscal Impact Analysis conducted to consider the financial costs and revenues associated with the annexation of the existing SOI and potential extended SOI;
o Assessment of current infrastructure facilities;
o Overview of the Riverside County Local Agency Formation Commission (LAFCO)annexation process;
o Evaluation of the City and County’s zoning regulations for the SOI area; and o Reviewed results of a Vista Santa Rosa (VSR) community survey  At the November 2024 SOI study session, Council directed staff to review the County’s VSR Design Guidelines, provide information on master planning of the SOI area, and conduct further community outreach.

FISCAL IMPACT
There are no fiscal impacts associated with this informational report.

BACKGROUND/ANALYSIS
Southern SOI
The Southern SOI consists of 7,665± acres generally located east of Monroe, south of Avenue 52, north of Avenue 60, and west of Van Buren and Harrison Streets. The majority of the SOI is designated for low density residential development, with an STUDY SESSION ITEM NO. 2
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Agricultural/Equestrian overlay, and some areas designated for commercial development.

In preparation for this Study Session, public outreach consisted of mailing an announcement post card of the Study Session meeting to property owners, and registered voters within the SOI boundaries (Attachment 1); an e-mail to Homeowner’s Associations (HOAs) within La Quinta along the southern boundary (Attachment 2); and an announcement at the VSR Community Council at their last meeting.

VSR Design Guidelines
The VSR Design Guidelines were prepared in 2004. These guidelines are included as Attachment 3 and include a photographic survey of the community, design inspiration slides for the community logo, and guidelines for development of the ultimate public rightof-way including using the street right-of-way for creation of a multi-purpose trail network.

The guidelines discuss streetscaping such as preservation of existing pressure regulator pipes, trail fencing materials, and streetlight and street name sign standards. The guidelines provide minimal direction for development of the public right-of-way, while lacking significant details and guidance for development of private property.

The VSR Design Guidelines could be further developed and refined in any future City planning efforts such as development of a Master Plan.

Master Plan
The La Quinta General Plan currently requires the master planning of the southern SOI area prior to annexation, as provided in Policy LU-1.4 and its Programs:

Policy LU-1.4
No annexation affecting lands in the southern Sphere of Influence (also known as Vista Santa Rosa) shall occur until a Master Plan for this area has been adopted, unless the annexation is required for municipal purposes.
 Program LU-1.4.a: The Master Plan for Vista Santa Rosa will include an active and aggressive community participation program to ensure that community character is reflected in the Plan.
 Program LU-1.4.b: The Master Plan for Vista Santa Rosa can be initiated by the City, or by property owners or developers who are willing to fund the project.

In order to provide the Council with information on the master planning process, staff prepared a conceptual project scope and preliminary budget based on the following assumptions:
 Community Outreach: A significant effort would be made to engage the VSR community. This could include eight (8) community-wide public workshops, and the formation of a Steering Committee consisting of City and VSR stakeholders. 246 CLICK HERE to Return to Agenda
 Master Plan Documentation: It has been assumed that the Master Plan would be very similar to a Specific Plan, and would include all development standards, infrastructure requirements and design guidelines that are provided in a Specific Plan.
o VSR Design Guidelines: The existing County Guidelines would be reviewed, modified and updated as necessary, and used in the Master Plan to illustrate the character and vision for VSR (Attachment 3).  Land Use Analysis: It has been assumed that the land use designations currently assigned to the southern SOI would be reviewed and amended to better reflect the community’s vision for this area.
 CEQA Review: Because it is assumed that the land use designations would be modified for this area, it is also assumed that a new Environmental Impact Report (EIR), reflecting the changes in the land use map generated by the outreach process, would be required.

Based on these assumptions, the following preliminary budget estimate was prepared with input from the City consultant, Terra Nova Planning and Research (Attachment 4).

The total cost of the preliminary budget, including preparation of an accompanying EIR, is $492,500.00.

NEXT STEPS
The purpose of this Study Session is to discuss the master planning process, VSR design guidelines, further outreach efforts, and to provide staff with direction on any of the following options:
1) Proceed with development of a Master Plan; and prepare a Request for Proposals (RFP) to seek planning consultant teams for the development of a Master Plan and return to Council with a request to execute a contract for the Master Plan work; 2) Do not proceed with development of a Master Plan at this time; but develop a community outreach plan that involves events and workshops specifically geared for participation, engagement, and input from the VSR community on any potential future annexation.

Prepared by: Scott Nespor, Senior Planner
Approved by: Danny Castro, Design and Development Director Attachments: 1. Announcement post card mailer

2. Email to Homeowners Associations

3. VSR Design Guidelines

4. Sample Master Plan and EIR Cost Estimate
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Study Session of the La Quinta City Council
The City of La Quinta recognizes the special character, lifestyle, agricultural history, and overall importance of Vista Santa Rosa as it evaluates potential annexation. We invite all community members to a Study Session regarding La Quinta’s Sphere of Influence (SOI) to learn more about: Vista Santa Rosa Design Guidelines, the Master Planning process, and further outreach efforts.

Date: Tuesday, March 18, 2025 | Time: 4 P.M. | Location: La Quinta City Council Chambers 78495 Calle Tampico, La Quinta, CA 92253
The SOI is an area outside of the La Quinta City boundaries identified for possible expansion of the boundaries and service area.

To review information on the La Quinta SOI:
www.laquintaca.gov/vistasantarosa
For further questions, please call: Scott Nespor, Senior Planner (760) 777-7069 or [email protected]
ATTACHMENT 1
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Fecha: Martes, Marzo 18, 2025 Hora: 4:00 P.M.

Ubicación: Ciudad de La Quinta Council Chambers
78495 Calle Tampico, La Quinta, CA 92253
Sesión de estudio del
Ayuntamiento de La Quinta
La ciudad de La Quinta reconoce el carácter
especial, estilo de vida, la historia agrícola y la
importancia general de Vista Santa Rosa al evaluar
la posible anexión. Invitamos a todos los miembros
de la comunidad a una Sesión de Estudio sobre la
Esfera de Influencia (SOI) de La Quinta para
aprender más sobre:

Pautas de diseño de Vista Santa Rosa, el proceso de
planificación principal y esfuerzos de participación
adicionales.

El SOI es un área fuera de los límites de la Ciudad de
La Quinta identificada para una posible expansión
de los límites y el área de servicio. Para revisar la
información sobre el SOI de La Quinta visite la
pagina web siguiente:
www.laquintaca.gov/vistasantarosa
Si tiene más preguntas, llame a:

Scott Nespor, Senior Planner
(760) 777-7069 or [email protected]
City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253
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1 From: Scott Nespor
Sent: Wednesday, March 12, 2025 10:31 AM
To: Scott Nespor <[email protected]>
Subject: La Quinta City Council Study Session - Tuesday, March 18, 2024 - Topic: Vista Santa Rosa Sphere of Influence HelloPlease forward the attached meeting announcement to the Boardmembers and the Homeowners/residents in the South La Quinta area. The Study Session item is concerning the Vista Santa Rosa Sphere of Influence and may be an item of interest to residents in South La Quinta.

Thank-you,
Scott Nespor | Senior Planner
City of La Quinta
78495 Calle Tampico La Quinta, CA 92253
Ph. 760-777-7069
www.laquintaca.gov
ATTACHMENT 2 250 CLICK HERE to Return to Agenda
Study Session of the La Quinta City Council
The City of La Quinta recognizes the special character, lifestyle, agricultural history, and overall importance of Vista Santa Rosa as it evaluates potential annexation. We invite all community members to a Study Session regarding La Quinta’s Sphere of Influence (SOI) to learn more about: Vista Santa Rosa Design Guidelines, the Master Planning process, and further outreach efforts.

Date: Tuesday, March 18, 2025 | Time: 4 P.M. | Location: La Quinta City Council Chambers 78495 Calle Tampico, La Quinta, CA 92253
The SOI is an area outside of the La Quinta City boundaries identified for possible expansion of the boundaries and service area.

To review information on the La Quinta SOI:
www.laquintaca.gov/vistasantarosa
For further questions, please call: Scott Nespor, Senior Planner (760) 777-7069 or [email protected]
251 CLICK HERE to Return to Agenda
Fecha: Martes, Marzo 18, 2025 Hora: 4:00 P.M.

Ubicación: Ciudad de La Quinta Council Chambers
78495 Calle Tampico, La Quinta, CA 92253
Sesión de estudio del
Ayuntamiento de La Quinta
La ciudad de La Quinta reconoce el carácter
especial, estilo de vida, la historia agrícola y la
importancia general de Vista Santa Rosa al evaluar
la posible anexión. Invitamos a todos los miembros
de la comunidad a una Sesión de Estudio sobre la
Esfera de Influencia (SOI) de La Quinta para
aprender más sobre:

Pautas de diseño de Vista Santa Rosa, el proceso de
planificación principal y esfuerzos de participación
adicionales.

El SOI es un área fuera de los límites de la Ciudad de
La Quinta identificada para una posible expansión
de los límites y el área de servicio. Para revisar la
información sobre el SOI de La Quinta visite la
pagina web siguiente:
www.laquintaca.gov/vistasantarosa
Si tiene más preguntas, llame a:

Scott Nespor, Senior Planner
(760) 777-7069 or [email protected]
City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253
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II
W.esl
ATTACHMENT 3
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Bibliography
• “Vista Santa Rosa Community Plan &
Research Report”
• “Can City and Farm Coexist?”• “Vista Santa Rosa Planned Development Overlay Zone”
• Information, Thoughts and
Photographs from members of The Vista Santa Rosa Association and Others in the Community 254
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PHOTOGRAPHIC
TOUR
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WIND = Dust Storms
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Large Estate Lots
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Estate lots
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Agricultural Uses
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Agricultural Uses
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Equestrian Uses
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Equestrian Uses
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Equestrian Uses
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Street Trees and Windrows
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Oleander – Grows too Large
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Ever-present Date Palms
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DATE PALMS
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DATE PALMS
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DATE PALMS
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DATE PALMS
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DATE PALMS
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DATE PALMS
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DATE PALMS
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DATE PALMS
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DATE PALMS
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DATE PALMS
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DATE PALMS
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Fences
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Fences
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Fences
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Fences
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Fences
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Fences
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Fences
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Fences
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Fences
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Fences
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Fences
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Fences
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Fences
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Fences
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Fences
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Reservoirs & Basins
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Pressure Regulator Pipes
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Pressure Regulator Pipes
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Pressure Regulator Pipes
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Pressure Regulator Pipes
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Pressure Regulator Pipes
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Existing Conditions Plan
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Expanded R.O.W. Plan
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GOAL

CREATE AN IMAGE

THAT REFLECTS

VISTA SANTA ROSA
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VSR Character
• Rural• Agricultural• Equestrian• Unpretentious• Unadorned• Simple Elegance• Clean Style • Open• Mt. Vistas• Windblown• Utilitarian• Desert Lifestyle• Hot & Dry• Natural 306
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STEP ONE

CREATE A

VISTA SANTA ROSA
LOGO
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Neighbors Logo Concepts
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Logo Concepts
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Logo-Type as a Brand
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Logo Concepts
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Refined Logo-Type
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Icon: Mountain View - “Vista”
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Icon: Flat, Even Rows “Agriculture”
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The Parts of the Logo
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Ornamental Iron To Connect Parts
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The Parts Connected
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Final Logo - In Stylized Rusted Metal
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STEP TWO

DETERMINE SOME

IDENTITY STEPS THAT

CAN BE IMPLEMENTED

IMMEDIATELY &

INEXPENSIVELY
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Pressure Regulator Pipe
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Pipes Painted with Vinyl “Wraps”
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Appear 3-Dimensional thru Shadows
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Intersection with Existing Pipes
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Pipes with Logo Wraps
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Custom Street Sign with VSR Logo
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Existing Street Sign
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New Custom Street Sign and Post
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KEY DESIGN FEATURES
Design Elements that are permanent
Elements that become ICONS, instantly
recognizable as part of VISTA SANTA
ROSA
Elements that read so strong they carry
the theme on their own, allowing
flexibility in the use of other lesser
elements
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VSR LOGO
Design Icon One
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Design Icon Two

PAINTED AND

WRAPPED

PRESSURE

REGULATOR PIPE
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Design Icon Three
CUSTOM
STREET
SIGNS
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Design Icon Four

SIMPLE,
AGRARIANSTYLE
STREET
LIGHTS
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Design Icon Five

DATE PALMS
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Design Icon Six

WHITE RAIL

EQUESTRIAN

FENCING
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Design Icon Seven
WHITE

AGRICULTURAL

FENCING
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ILLUSTRATIVE PLAN OF INTERSECTION
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ILLUSTRATIVE PLAN OF INTERSECTION
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Ultimate Main Intersection Treatment
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Ultimate Main Intersection Treatment
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Ultimate Main Intersection Treatment
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ATTACHMENT 4
Vista Santa Rosa Master Plan & EIR
Preliminary Budget Estimate
Master Plan
City and Internal Consultation and Meetings $10,000
Community Outreach Prep and Facilitation (8 workshops) $60,000 Steering Committee Meetings (6) $30,000
Data Collection $7,500
Master Plan Drafting $45,000
Special Tasks/Studies
Biological Resources Analysis $30,000
Cultural Resources Analysis $35,000
Air Quality & GHG Analysis (CalEEMod) $8,500
Traffic Analysis & VMT Screening Letter $75,000
Noise Impact Analysis $20,000
Water Supply Assessment $20,000
CEQA Document Drafting
Initial Study/Notice of Preparation $12,000
EIR Drafting $75,000
Alternatives Analysis (3) $12,500
Response to Comments $5,000
Project Management & City Staff Support $12,500
Public Hearing Preparation and Attendance (2 hearings) $6,000 Exhibit Preparation (MP & EIR) $8,500
Administrative Support (Doc Formatting and Transmittals) $10,000 Reimbursable Expenses
Document Printing $5,000
Miscellaneous Office Supplies: Postage, Photocopies, etc. $5,000 Total $492,500
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ARTS AND COMMUNITY SERVICES COMMISSION Page 1 of 4 FEBRUARY 10, 2025 MINUTES – SPECIAL MEETING

ARTS AND COMMUNITY SERVICES COMMISSION

SPECIAL MEETING

MINUTES
MONDAY, FEBRUARY 10, 2025

CALL TO ORDER
A special meeting of the Arts and Community Services Commission (Commission) was called to order by Chair Biondi at 4:02 p.m.

PRESENT: Commissioners Beesemyer, Brower, Chiapperini, Webb, and Chair Biondi ABSENT: None

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

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None
CONFIRMATION OF AGENDA – Confirmed
ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS – None

CONSENT CALENDAR

1. RECEIVE AND FILE MEETING MINUTES DATED DECEMBER 9, 2024 MOTION – A motion was made and seconded by Commissioners Brower/Beesemyer to approve the Consent Calendar as presented. Motion passed unanimously.

BUSINESS SESSION

1. APPOINT MEMBERS OF THE ART AND COMMUNITY SERVICES
COMMISSION TO SERVE ON THE SPRING 2025 CIVIC CENTER ART PURCHASE COMMITTEE (Purchase Committee)
Management Analyst Calderon presented the staff report, which is on file in the Community Services Department.

The Commission discussed the importance for staff to provide the Purchase Committee prior to purchasing the artwork with a list of potential locations where it may be displayed; the rotation of Commissioners who have previously served on the Purchase Committee; and Chair Biondi said she does not wish to partake this year.

REPORTS AND INFORMATIONAL ITEM NO. 31
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ARTS AND COMMUNITY SERVICES COMMISSION Page 2 of 4 FEBRUARY 10, 2025 MINUTES – SPECIAL MEETING
MOTION – A motion was made and seconded by Chai Biondi / Commissioner Brower to appoint Commissioners Webb and Chiapperini to serve on the Spring 2025 Civic Center Art Purchase Committee. Motion passed unanimously.

2. RECOMMEND RECIPIENT OF THE JUNIOR INSPIRATION AND YOUTH

ACHIEVEMENT AWARD TO CITY COUNCIL
Administrative Technician Elizalde presented the staff report, which is on file in the Community Services Department.

The Commission discussed this is the only nomination received at this time; support to recommend the nominee, Maximilian (Max) Radi, be recognized by Council as a recipient of this award, based on his qualifications; and possibly having Max serve on the La Quinta Youth Collective currently in development.

MOTION – A motion was made and seconded by Commissioners Webb/Beesemyer recommending Council recognize Maximilian Radi as a recipient of the Junior Inspiration and Youth Achievement Award. Motion passed unanimously.

STUDY SESSION – None
DEPARTMENTAL REPORTS – verbal updates

1. CITY COUNCIL APPROVAL OF A LIBRARY RESOURCE VAN PURCHASE Staff said Council approved the Library Resource Van purchase on December 17, 2024, and provided a brief overview of the bookmobile programming, including mobile library check out services, story time, STEM workshops, homework help and tutoring, and resume and job search assistance; the van is anticipated to be purchased in the upcoming months and start programming in Fall of 2025; and the bookmobile will be equipped with Wi-Fi capabilities, potentially a 3-D printer, and laptops and resources to support various users needs.

2. TRAFFIC SIGNAL BOX ART PROJECT UPDATE
Staff said this project is moving forward and will focus on signal boxes near La Quinta High School and Benjamin Franklin Elementary with the potential to collaborate with the schools for students to provide art designs and concepts. The Commission recommended possible collaboration with other various youth art groups within the Desert Sands Unified School District and community.

3. LA QUINTA YOUTH COLLECTIVE UPDATE
Staff said Council considered this item a the January 21, 2025, meeting, and provided comments and recommendations; and staff continuous to work on the development of the program and aims to implement it in Fall 2025.
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ARTS AND COMMUNITY SERVICES COMMISSION Page 3 of 4 FEBRUARY 10, 2025 MINUTES – SPECIAL MEETING

4. ONGOING ITEMS – FUTURE ART OPPORTUNITIES
Staff provided brief status updates on the following projects – Highway 111 Corridor, CV Link, Arts and Music Line, and Entry Monuments; as these projects are in the early stages of development, future updates will be proved when available.

The Commission reiterated its interest to stay informed of the projects’ development which would allow to provide suggestions for art that can showcase what makes La Quinta the Gem of the Desert.

COMMISSIONER’S ITEMS
Commission Brower thanked staff for partnering with the Coachella Valley Watercolor Society to display art at the La Quinta Library.

Chair Biondi said that May 7, 2025 is National Public Service Day and it can be an opportunity for the City to recognize its staff; and citizens walk their dogs without a leash at public parks.

Staff noted several public parks in La Quinta that provide designated and fenced dog park areas for small and large dogs; and off-leash dog reports are being addressed by the Code Compliance Division.

Commissioner Webb thanked staff for responding promptly to address an off-leash dog incident that occurred in his neighborhood, and post related signage.

Chair Biondi reiterated the Commission’s prior recommendation to Council to postpone art purchases during the La Quinta Art Celebrations (LQAC) and to potentially allocate the funds towards a larger commissioned art piece or future projects; and a presentation on the Art in Public Places (APP) account would help the Commission understand what funds are available and how they can be used.

Staff noted the Commission’s previous recommendation has not yet been presented to Council for consideration and expressed Council’s interest in supporting the LQAC and its artists but shared the Purchase Committee and the Commission have the option to acquire information from artists and express interest to commission a large art piece and staff will explore possible opportunities; provided a brief summary of the APP budget and funding; and will coordinate with the Finance Director to provide APP fund overview at the Commissions March 2025 meeting.

Commissioner Beesemyer said March 4, 2025, is the Coachella Valley Giving Day and an opportunity for anyone to support local nonprofit organizations. 349 CLICK HERE to Return to Agenda
ARTS AND COMMUNITY SERVICES COMMISSION Page 4 of 4 FEBRUARY 10, 2025 MINUTES – SPECIAL MEETING

ADJOURNMENT
There being no further business, a motion was made and seconded by Commissioners Webb/Beesemyer to adjourn the meeting at 4:38 p.m. Motion passed unanimously.

Respectfully submitted,
MANUEL ELIZALDE, Administrative Technician / Commission Secretary City of La Quinta, California
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