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HomeMy WebLinkAbout01/13/2022 Agenda Packet CITY OF PALM DESERT REGULAR PALM DESERT CITY COUNCIL (CC), SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY (SA), AND HOUSING AUTHORITY (HA) MEETING. (VIRTUAL MEETING) THURSDAY, JANUARY 13, 2022 2:00 p.m. Study Session 3:00 p.m. Closed Session 4:00 p.m. Regular Session Note: Pursuant to Assembly Bill 361, this meeting may be conducted by teleconference and there will be no in-person public access to the meeting location. City Council Meetings are live-streamed. You can access and view the meetings through the City’s website at https://www.cityofpalmdesert.org and click on “Council Agenda” at the top of the page. Options for participating in the meeting: To participate by email, internet or telephone, see detailed instructions on the last page. AGENDA JANUARY 13, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Agenda Page 2 CALL TO ORDER – 3:00 P.M. PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY – Any person wishing to discuss any Closed Session business that is within the subject matter may participate utilizing one of the three options listed on the back page of this agenda. ADJOURN TO CLOSED SESSION A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) (Successor Agency) Property: 18.73-acre site, located on Desert Willow Drive, northwest of Market Place (APNs 620-450-012, 013, 014). City Negotiator: Todd Hileman/Martin Alvarez Other Party Negotiator: Family Development Group, Inc. Property Owner: Successor Agency to Palm Desert Redevelopment Agency 2) (Successor Agency) Property: Approximately 93-acre portion of the 128-acre site, located west of Portola Avenue and south of Gerald Ford Drive (APNs 694-310- 002, 003, and a portion of 694-310-006). City Negotiator: Todd Hileman/Martin Alvarez/Eric Ceja Other Party Negotiator: Refuge Palm Desert, LLC Property Owner: Successor Agency to Palm Desert Redevelopment Agency B. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): 1) Potential cases: 2 RECONVENE THE CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MEETING – 4:00 P.M. a) Roll Call b) Pledge of Allegiance to the Flag – Councilmember Gina Nestande c) Inspiration/Invocation – Mayor Jan C. Harnik REPORT ON ACTION FROM CLOSED SESSION AWARDS, PRESENTATIONS, AND APPOINTMENTS AGENDA JANUARY 13, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Agenda Page 3 MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION NON AGENDA PUBLIC COMMENTS: This is an opportunity for the public to speak on issues that are not on the agenda for a maximum of three minutes. Speakers may utilize one of the three options listed on the back page of this agenda. Because the Brown Act does not allow the City Council, Successor Agency, and Housing Authority Boards to take action on items not on the Agenda, members may briefly respond or instead refer the matter to staff for report and recommendation at a future City Council, Successor Agency, or Housing Authority Meeting. CONSENT CALENDAR All matters listed on the Consent Calendar are considered to be routine and may be approved by one (1) Minute Motion. 1. MINUTES of the regular City Council, Successor Agency, and Housing Authority Meeting of November 18, 2021 (CC) (SA) (HA) ...................................................... Page 11 Rec.: Approve as presented. 2. APPROVE 2021 CLAIMS AND DEMANDS WARRANTS: City: 11/30/2021, 12/7/2021, 12/10/2021, 12/14/2021, 12/17/2021, 12/20/2021 and 12/28 - 12/31/2021 (CC); Successor Agency: 12/3/2021 and 12/17/2021 (SA); and City and Housing Authority: 12/3/2021, 12/10/2021 and 12/17/2021 (CC & HA) ................................... Page 23 Rec.: Receive and file. 3. REQUEST TO AUTHORIZE findings that the State of California continues in a Governor- declared state of emergency (AB361) to combat the COVID epidemic, that state and local health officials are recommending social distancing, and consequently that the City Council and its other Brown-Act bodies may continue to employ remote teleconferencing under Government Code Section 54953(e) (CC) ....................................... Page 77 Rec.: The City Council hereby finds the State of California continues in a Governor- declared state of emergency to combat the COVID epidemic, that state and local health officials are recommending social distancing, and consequently that the City Council and its other Brown-Act bodies may continue to employ remote teleconferencing under Government Code Section 54953(e). AGENDA JANUARY 13, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Agenda Page 4 4. ORDINANCE NO. 1373: Adopt an urgency ordinance of the City Council of the City of Palm Desert, California, amending Chapter 25.34 (special use provisions) and adding Chapter 26.30 (urban lot splits) of the City of Palm Desert Municipal Code relating to urban lot splits and two-unit projects and determining the ordinance to be exempt from CEQA (CC) ................................................................................................ Page 79 Rec.: Waive further reading and readopt Urgency Ordinance No. 1373. 5. RESOLUTION NO. SA-RDA-088: Adopt a Recognized Obligation Payment Schedule and Administrative Budgets for the fiscal period from July 1, 2022 through June 30, 2023, pursuant to Health and Safety Code Section 34177 and taking certain related actions (SA) ................................................................................................................. Page 105 Rec.: Waive further reading and adopt. 6. RESOLUTION NO. SA-RDA-089: Approve a Purchase and Sale Agreement between the Successor Agency to the Palm Desert Redevelopment Agency and Refuge Palm Desert, LLC. for an approximately 93-acre site west of Portola Avenue and south of Gerald Ford Drive (SA40990A) (SA) ............................................................................ Page 123 Rec.: By Minute Motion, that the Successor Agency Board waive further reading and adopt Resolution No. SA-RDA-089, approving a Purchase and Sale Agreement (PSA) between the Successor Agency to the Pam Desert Redevelopment Agency (SARDA) and Refuge Palm Desert, LLC. (Developer), for an approximately 93- acre site, west of Portola Avenue and south of Gerald Ford Drive, with a purchase price of $5,595,105 (Fair Market Value) (APNs 694-310-002, 003, and a portion of 006). 7. RESOLUTION NO. SA-RDA-090: Approve a Purchase and Sale Agreement between the Successor Agency to the Palm Desert Redevelopment Agency and Family Development Group, Inc. for an 18.73-acre site known as Desert Willow Lot Pad C (SA4100A) (SA). ................................................................................................................. Page 129 Rec.: By Minute Motion, that the Successor Agency Board waive further reading, and adopt Resolution No. SA-RDA-090, approving a Purchase and Sale Agreement (PSA) between the Successor Agency to the Pam Desert Redevelopment Agency (SARDA) and Family Development Group, Inc. (Developer), for an 18.73-acre site, known as Desert Willow Lot Pad C, with a purchase price of $5,165,000 (Fair Market Value), located on Desert Willow Drive, northwest of Market Place (APNs 620-450-012, 013, 014). 8. RESOLUTION NO. 2022-01: Authorize the destruction of records from the Department of Development Services, as indicated on the records retention schedule (adopted October 29, 2020). Records from 1996 through 2019 (CC) ........................................... Page 137 Rec.: Waive further reading and adopt. 9. REQUEST TO APPROVE Amendment No. 2 to the Agreement for Law Enforcement Services with the County of Riverside (C38780) (CC) .............................. Page 141 AGENDA JANUARY 13, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Agenda Page 5 Rec.: By Minute Motion, approve the second amendment to Contract No. C38780 for law enforcement services between the City of Palm Desert and the County of Riverside. 10. REQUEST TO APPROVE Amendment No. 3 to contract with Michael Baker International, Inc. of Palm Desert, California for On-Call City Surveying, City Engineer and Plan Review Services in an amount not to exceed $305,000 (C40520) (CC) ................. Page 165 Rec.: By Minute Motion: 1. Approve Amendment No. 3 to Contract No. C40520 with Michael Baker International, Inc. of Palm Desert, California for On-Call City Surveying, City Engineer and Plan Review Services in an amount not to exceed $305,000; 2. Appropriate $180,000 from Unobligated General Funds to Account No. 1104300- 4301000; and 3. Authorize the City Manager or their designee to execute said Amendment and any additional contract amendments. 11. REQUEST TO APPROVE a backup location for the Open-Air shopping market on San Pablo (CC) ............................................................................................... Page 175 Rec.: By Minute Motion, authorize the road closure on San Pablo Avenue between Magnesia Falls and Fred Waring, Saturday, and Sunday from January 15 through May 15, 2022. 12. REQUEST TO APPROVE a declaration of surplus property, and authorize to donation or disposal as appropriate (CC) .................................................................... Page 179 Rec.: By Minute Motion, declare the item listed on the attached “Exhibit A” as surplus, and grant authorization to donate or dispose as appropriate. 13. RECEIVE AND FILE the resignation of Juan Mireles from the Architectural Review Board and the Housing Commission. (CC) .......................................................... Page 183 Rec.: Receive and file with sincere regret. 14. RECEIVE AND FILE the resignation of Donna Jean Darby from the Cultural Arts Committee. (CC) ......................................................................................................... Page 185 Rec.: Receive and file with sincere regret. AGENDA JANUARY 13, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Agenda Page 6 ACTION CALENDAR 15. ORDINANCE NO. 1374: Update Palm Desert Municipal Code sections relative to organic waste recycling requirements to comply with Senate Bill 1383 (1st reading) (CC) ....... Page 187 Rec.: Waive further reading and pass to second reading amending Chapters 1.04 (General Provisions), 1.08 (Citations for Code Violations), 1.12 (General Penalty), 3.30 (Purchasing System and Public Works Contracts), 8.12 (Trash Enclosures), 8.16 (Solid Waste), 8.17 (Recyclable Materials), 8.19 (Automated Collection of Solid Waste, Recycling and Green Waste for All Residents), 8.80 (Administrative Remedies), 8.81 (Administrative Citations), 15 (Building and Construction), and 24.04 (Water-Efficient Landscape) of the Palm Desert Municipal Code to update organic waste recycling requirements for residents and businesses in compliance with state law (California Senate Bill 1383). 16. RESOLUTION NO. 2022-02: Rescind Resolution No. 2021-25 and updating the Homelessness Taskforce Bylaws; and appoint members to serve on the Homelessness Taskforce (CC) .............................................................................................. Page 355 Rec.: By Minute Motion: 1. Approve Resolution No. 2022-02 rescinding Resolution No. 2021-25 and updating the Homelessness Taskforce Bylaws; and 2. Appoint the following to the Homelessness Taskforce for a term ending June 30, 2023: • Patricia Ann Munson, Community Member • Randy Florence, Business Member • Davis Meyer, Alternate 3. Appoint the following to the Homelessness Taskforce for a term ending June 30, 2025: • Jeremy Wittie, Community Member • Diane Vines, Business Member • Cindy Burreson, Alternate 17. REQUEST TO APPROVE Amendment No. 1 to Contract No. C37040B with Southstar Engineering and Consulting of Riverside, California in an amount not to exceed $350,000 for additional construction management services related to President’s Plaza East and West Parking Lot Improvements (Project No. 758-14) (CC) ............................... Page 361 Rec.: By Minute Motion: 1. Approve Amendment No. 1 to Contract No. C37040B with Southstar Engineering and Consulting of Riverside, California in an amount not to exceed $350,000; 2. Appropriate $350,000 from the Unobligated General Fund to Account No. 4004692-4400100 as well as the transfers in/out for the appropriation; and 3. Authorize the City Manager or designee to execute said amendment. AGENDA JANUARY 13, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Agenda Page 7 18. REQUEST TO APPROVE the annual Council Liaison Assignments for calendar year 2022. (CC) ............................................................................................... Page 373 Rec.: Approve as presented. 19. REQUEST TO APPOINT Two (2) City Councilmembers to the Palm Desert iHUB Advisory Board (CC) .................................................................................................... Page 383 Rec.: By Minute Motion appoint two (2) City Councilmembers to the Palm Desert iHUB Advisory Board. 20. REQUEST FOR DIRECTION for a “Bicycle Rack Incentive Program” for private commercial properties (CC) ......................................................................... Page 385 Rec.: By Minute Motion: 1. Provide direction for a “Palm Desert Bicycle Rack Incentive Program” for private commercial properties; and 2. Provide staff direction on a maximum price per bicycle rack and bicycle rack design options. 21. REQUEST FOR DIRECTION on the meeting format for Committee, Commission and Council meetings (CC) .................................................................................. Page 405 Rec.: By Minute Motion, provide staff with direction to continue committee, commission, and Council meetings as virtual meetings under the provisions of AB 361 with additional direction to continue to evaluate public health data and available options with the pending technology upgrades to the Administrative Conference Room and the remodel of the Council Chambers. PUBLIC HEARING 22. ORDINANCE NO. 1375: Amend the Palm Desert Municipal Code, Chapter 25, modifying Section 25.60.60 (Public Hearing and Public Notice), adding Section 25.60.160 “Community Engagement,” and Chapter 5, Section 5.11 “Disclosures Upon Transfer of Residential Property” regulating the public engagement process (1st Reading) (CC)… Page 407 Rec.: Waive further reading and pass to second reading City Council Ordinance No. 1375, approving Zoning Ordinance Amendment 21-0002 to amend the Palm Desert Municipal Code, Chapter 25, modifying Section 25.60.60 (Public Hearing and Public Notice), adding Section 25.60.160 “Community Engagement,” and Chapter 5, Section 5.11 “Disclosures Upon Transfer of Residential Property” regulating the public engagement process. AGENDA JANUARY 13, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Agenda Page 8 23. Redrawing of Council Member District Boundaries (CC)………………….Page 433 Rec.: By Minute Motion: 1. Receive a report from staff and the City’s redistricting consultant on the redistricting process and permissible criteria to be considered to redraw district boundaries; and 2. Conduct a public hearing to receive public input on district boundaries. CITY MANAGER COMMENTS ADJOURNMENT AGENDA JANUARY 13, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Agenda Page 9 THREE OPTIONS FOR PARTICIPATING IN THE MEETING Option 1 - To Participate by E-mail: 1. Send your comments by email to: CouncilMeetingComments@cityofpalmdesert.org E-mails received by 12:00 noon prior to the start of the meeting will be made part of the record and distributed to the City Council. This method is encouraged because it will give Councilmembers the opportunity to reflect upon your input. Emails will not be read aloud. Option 2 - To Participate and Provide Verbal Comments by Using Your Internet: 1. Access via https://www.cityofpalmdesert.org/zoom and click “Launch Meeting” or 2. Access www.zoom.us, click “Join Meeting” and enter Webinar ID 833 6744 9572 Option 3 - To Listen and Provide Verbal Comments Using Your Telephone: 1. Dial any of the following based on your location: (669) 900-9128 or (213) 338-8477 or (669) 219-2599 or (971) 247-1195 or (253) 215-8782. If there are high volumes of calls, please continue dialing until you connect successfully. 2. Enter the Meeting ID: 833 6744 9572 followed by #. 3. Indicate that you are a participant by pressing # to continue. 4. You will hear audio of the meeting in progress. Remain on the line if the meeting has not yet started. 5. During the meeting, Press *9 to add yourself to the queue and wait for City Clerk staff to announce your name/phone number. The City Clerk will unmute your line when it is your turn to speak. Limit your comments to three (3) minutes. Staff reports for all agenda items considered in open session, and documents provided to a majority of the legislative bodies regarding any item on this agenda, are available for public inspection at City Hall and on the City’s website at https://www.cityofpalmdesert.org by clicking “Council Agenda” at the top of the page. Declaration of Posting: I, Níamh M. Ortega, Deputy City Clerk of the City of Palm Desert, do hereby certify, under penalty of perjury under the laws of the State of California, that the foregoing agenda for the Palm Desert City Council, Successor Agency for the Palm Desert Redevelopment Agency, and Housing Authority, was posted on the City Hall bulletin board no less than 72 hours prior to the meeting. Dated this 7th day of January, 2022. Note: This agenda is subject to amendment up to 72 hours in advance of the meeting. Níamh M. Ortega _ Niamh M. Ortega, Deputy City Clerk [This page has intentionally been left blank.] Page 10 CITY OF PALM DESERT REGULAR PALM DESERT CITY COUNCIL (CC), SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY (SA), AND HOUSING AUTHORITY (HA) MEETING (VIRTUAL MEETING) DRAFT MINUTES Thursday, November 18, 2021 CALL TO ORDER – 3:00 P.M. Mayor Kelly convened the meeting. ROLL CALL Present: Mayor Pro Tem/Vice Chair/Vice Chairman Jan C. Harnik Councilmember/Director/Member Sabby Jonathan Councilmember/Director/Member Gina Nestande Councilmember/Director/Member Karina Quintanilla Mayor/Chair/Chairman Kathleen Kelly Staff Present: Todd Hileman, City Manager/Executive Director Robert W. Hargreaves, City Attorney Andrew Firestine, Assistant City Manager Janet Moore, Director of Finance Niamh Ortega, Deputy City Clerk Gloria Sanchez, Records Coordinator PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY None. ADJOURN TO CLOSED SESSION Mayor Kelly adjourned the regular meeting to closed session at 3:01 p.m. Page 11 DRAFT MINUTES – FOR DISCUSSION PURPOSES ONLY NOVEMBER 18, 2021 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 2 A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) (City) Property: Authorize the City Manager and City Attorney to finalize and execute an amendment to the existing lease with Riverside County for the City-owned property located at 73520 Fred Waring Drive (APN 622-250-018) for use by the Riverside County Sheriff’s Department. City Negotiator: Todd Hileman/Andrew Firestine Other Party Negotiator: County of Riverside Property Owner: City of Palm Desert 2) (City) Property: Dsrt Surf Lagoon and Resort Project (APN 620-420-023 and 620- 420-024) City Negotiator: Todd Hileman/Martin Alvarez/Eric Ceja Other Party Negotiator: Desert Wave Ventures, LLC Property Owner: City of Palm Desert B. Conference with Labor Negotiators pursuant to Government Code Section 54957.6: City Negotiator: Todd Hileman Other Party Negotiator: Palm Desert Employee Organization C. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): 1) Potential cases: 2 Mayor Kelly adjourned the closed session at 4:20 p.m.. RECONVENE THE CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MEETING Mayor Kelly reconvened the regular meeting at 4:35 p.m. a) Roll Call b) Pledge of Allegiance to the Flag – Mayor Kathleen Kelly c) Inspiration/Invocation – Councilmember Karina Quintanilla REPORT ON ACTION FROM CLOSED SESSION Relative to Item A1, City Attorney Hargreaves reported the Council unanimously authorized an amendment to the lease subject to certain additions requested by Council. The agreement would be released once finalized. Page 12 DRAFT MINUTES – FOR DISCUSSION PURPOSES ONLY NOVEMBER 18, 2021 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 3 Relative to Item B, City Attorney Hargreaves reported that the Council unanimously authorized negotiations with the Palm Desert Employee Organization to move forward. Relative to the remaining items, direction was given but no action was taken. AWARDS, PRESENTATIONS, AND APPOINTMENTS None. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION Councilmember Jonathan reported he attended numerous in-person events. He congratulated staff at the Living Desert Zoo and Gardens for the successful ribbon cutting and opening of the Rhino Exhibit. He requested that staff look at options of a City-operated police force in addition to considerations under the Shared Services Agreement with neighboring cities. Councilmember Quintanilla supported the request. Mayor Pro Tem Harnik noted she attended the most recent Riverside County Transportation Commission meeting where the topic of discussion was the valley’s rail project. She also attended the Coachella Valley Rescue Mission graduation and was inspired by those who completed the program. She commented on the CV/Sync project overseen by the Coachella Valley Association of Governments (CVAG) to synchronize traffic signals throughout the valley. The studies showed where the “middle mile” would be for broadband, and the project was included on the Governor’s list that will receive Middle Mile funding. Councilmember Nestande reported on the CVAG Energy and Environmental Committee meeting she attended, and shared that the Coachella Valley, Western Riverside County and San Bernardino County were approved by the Public Utility Commission (PUC) to form a regional utility network, which would result in approximately $66 million distributed to the network over a five-year span. Councilmember Quintanilla reported she attended the Joslyn Center fundraiser and shared there was a need for Meals-on-Wheels drivers. She also brought forward a request on behalf of the Cultural Arts Committee to revert to its status as a commission. Mayor Kelly indicated the Committee and Commission Subcommittee would review the request. Councilmember Quintanilla also requested to allow staff the opportunity to explore becoming a community partner with UCR School of Medicine, providing an opportunity to Palm Desert to provide additional services and stability. Councilmember Jonathan supported the request. Mayor Kelly clarified that the request was not for a new department but to be alert to possibilities for collaboration with existing partners. Page 13 DRAFT MINUTES – FOR DISCUSSION PURPOSES ONLY NOVEMBER 18, 2021 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 4 Mayor Kelly reported on the recent opening of the Palm Desert iHub which was attended by all Councilmembers and a number of staff members the previous day. She noted it was to support start-up companies and designed to house programs relative to cybersecurity, entrepreneurship and hospitality. She also noted a request from a resident for additional bike racks and asked that staff explore ways to incentivize private property owners to construct bike racks on their properties. Councilmember Jonathan supported to the request. Mayor Kelly announced she would adjourn the meeting in honor of local business owner and former City Committee member Ella Manor who recently passed away. Ms. Manor was active in Soroptimist and was a member of the committee that worked on the City’s incorporation in 1973. NON AGENDA PUBLIC COMMENTS None. CONSENT CALENDAR All matters listed on the Consent Calendar are considered to be routine and may be approved by one (1) Minute Motion. 1. MINUTES of the regular City Council, Successor Agency, and Housing Authority Meeting of October 14, 2021 (CC) (SA) (HA) Rec.: Approve as presented. 2. APPROVE 2021 CLAIMS AND DEMANDS WARRANTS: City: 8/23, 9/9, 9/17, 9/30, 10/6, 10/15, 10/18, and 10/22 (CC); Successor Agency: 8/27, 9/17, and 10/15 (SA); City and Housing Authority: 8/27, 8/30, 10/1, 10/15, 10/22, 10/29 (CC & HA); and Housing 10/22 (HA) Rec.: Receive and file. 3. REQUEST TO AUTHORIZE findings that the State of California continues in a Governor-declared state of emergency to combat the COVID epidemic, that state and local health officials are recommending social distancing, and consequently that the City Council and its other Brown-Act bodies may continue to employ remote teleconferencing under Government Code Section 54953(e) (CC) Rec.: The City Council hereby finds the State of California continues in a Governor- declared state of emergency to combat the COVID epidemic, that state and local health officials are recommending social distancing, and consequently that the City Council and its other Brown-Act bodies may continue to employ remote teleconferencing under Government Code Section 54953(e). Page 14 DRAFT MINUTES – FOR DISCUSSION PURPOSES ONLY NOVEMBER 18, 2021 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 5 4.ORDINANCE NO. 1370: amending Palm Desert Municipal Code Chapter 3.44 “Transportation Uniform Mitigation Fee” (TUMF) reflecting changes to the collection of fees (2nd Reading) (CC) Rec.: Waive further reading and adopt Ordinance No. 1370. 5.ORDINANCE NO. 1371: amending Palm Desert Municipal Code Section 2.36.060 regarding a process for members of the Council to sponsor agenda items (2nd Reading) (CC) Rec.: Waive further reading and adopt Ordinance No. 1371. 6.ORDINANCE NO. 1372: amending Palm Desert Municipal Code Section 2.52.705(F), “Accrued Vacation Time Buy-Back”, to include a requirement that employees make an irrevocable election if they wish to buy back up to eighty (80) hours of their vacation time per calendar year, prior to accrual; and amending section 2.52.305(F), “Probationary Employees” to allow probationary employees use of accrued leave while on probationary status. (1st reading) (CC) Rec.: Pass Ordinance No. 1372 to second reading for consideration to amend Palm Desert Municipal Code Section 2.52.705(F) and Section 2.52.305(F). 7.RESOLUTION NO. 2021-67: approving actions related to homebuyer assistance from the Housing Mitigation Fund in an amount necessary to secure an affordable housing cost associated with the conveyance of fourteen (14) vacant parcels to Coachella Valley Housing Coalition for the purpose of constructing single-family homes to be made available through the self-help program to qualified very low and low income households (CC) Rec.: City Council, waive further reading and: 1.Approve City Resolution No. 2021- 67 approving homebuyer assistance loans from the Housing Mitigation Fund in an amount necessary to secure an affordable housing cost pursuant to California Health and Safety Code Section 50052.5 associated with the conveyance of fourteen (14) vacant parcels to The Coachella Valley Housing Coalition (“CVHC”) as described in the Disposition and Development Agreement, Contract No. C36510 (the “Agreement”), for the purpose of constructing single-family homes to be made available through the self-help program to qualified very low and low income households (the “Project”), and in an aggregate amount not to exceed $355,000; 2.Authorize legal counsel to finalize the associated loan documents for a loan to be secured by a fourth lien trust deed, to be forgivable after fifteen (15) years and with terms consistent with the program funding requirements of the homebuyer assistance Housing Mitigation Fund; 3.Authorize the Finance Director to draw monies not to exceed $355,000 from the Housing Mitigation Fund and approve the transfer of funds to facilitate the forgivable homebuyer assistance loans; Page 15 DRAFT MINUTES – FOR DISCUSSION PURPOSES ONLY NOVEMBER 18, 2021 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 6 4. Authorize the Mayor and/or the City Manager or their respective designee to approve and execute the loan documents and any ancillary documents necessary to effectuate the actions taken herewith; and 5. Appropriate $355,000 to account number 2144490-4390100 from unobligated Housing Mitigation Fund Balance. 8. RESOLUTION NO. 2021-66: approving Final Parcel Map No. 38120 related to Montecito Subdivision (CC) Rec.: Waive further reading and approve Resolution No. 2021-66. 9. RESOLUTION NO. 2021-68: authorizing the destruction of paper records, that have been digitally imaged, from the Development Services Department Planning/Land Development Division to rely on the electronic record as the official record (CC) Rec.: Waive further reading and adopt Resolution No. 2021-68. 10. REQUEST FOR APPROVAL to award homebuyer assistance loans to qualified buyers for resales within Desert Rose and Falcon Crest not to exceed forty percent (40%) of the allowable sales price and authorize the City Manager to approve transaction costs specific to each resale (CC) (HA) Rec.: By Minute Motion, the City Council and the Housing Authority Board: 1. In the developments of Desert Rose and Falcon Crest, approve silent homebuyer assistance loans not to exceed forty percent (40%) of the allowable sales price (to be increased by reasonable closing costs, commissions, and any approved upgrades), in total for either a direct sale or a Housing Authority sale from any available funding source restricted for such purpose (BEGIN, Housing Mitigation, Housing Authority program income) and authorize the Director of Finance to draw from the appropriate funds accordingly; 2. Authorize the City Manager to approve payment of the transaction costs if necessary for the purpose of repairs required for closing, fees customary to real estate transactions in Riverside County including escrow, title FHA fees, inspections, vermin eradication, commissions, approved upgrades, and disclosures; and 3. Authorize the Chairman of the Palm Desert Housing Authority or the Housing Authority Executive Director or a designee to execute any documents necessary to facilitate this transaction and actions taken herewith. 11. REQUEST TO AUTHORIZE the disposal of the declared office furniture as surplus property and authorizing RPM Company to dispose of as appropriate (HA) Rec.: Declare the office furniture items listed on the attached Exhibit “A” as surplus property and authorize RPM Company to dispose of as appropriate. Page 16 DRAFT MINUTES – FOR DISCUSSION PURPOSES ONLY NOVEMBER 18, 2021 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 7 12. REQUEST TO AUTHORIZE the City Manager and City Attorney to finalize and execute an amendment to the existing lease with Riverside County for the City-owned property located at 73520 Fred Waring Drive (APN 622-250-018) for use by the Riverside County Sheriff’s Department (CC) Rec.: Authorize the City Manager and City Attorney to finalize and execute the an amendment to the existing lease with Riverside County for the City owned property located at 73520 Fred Waring Drive (APN 622-250-018) for use by the Riverside County Sheriff’s Department. 13. REQUEST TO AUTHORIZE the award of Contract No. C42400 for the design-build of the Development Services Lobby Renovations to Tilden-Coil Constructors, Inc., of Riverside, California, in the amount of $950,000 (Project No. 727-20) (CC) Rec.: 1. Award Contract No. C42400 for the design-build of the Development Services Lobby Renovations to Tilden-Coil Constructors, Inc. of Riverside, California, in the amount of $950,000; 2. Authorize the Finance Director to transfer $100,000 from the Council Chambers Improvements (Account No. 4004161-4400100) to the Development Services Lobby Renovations (Account No. 4504161-4400100); 3. Authorize the Director of Finance to set aside contingency for unforeseen conditions in the amount of $100,000; 4. Authorize the City Manager or designee to review and approve written change order requests for unanticipated conditions, per Section 3.30.170 of the Palm Desert Municipal Code; and 5. Authorize the City Manager, or designee, to execute the agreement and any documents necessary to effectuate the actions taken herewith. 14. REQUEST TO AUTHORIZE the award of Contract No. C37960E to R Dependable Construction, Inc. of San Bernardino, California, for City Council Chambers Renovation Project in the amount of $925,000.00 (Project No. 765-19) (CC) Rec.: 1. Award Contract No. C37960E to R Dependable Construction, Inc. of San Bernardino, California for the City Council Chambers Renovation Project in the amount of $925,000.00; 2. Authorize the Director of Finance to set aside a contingency for unforeseen conditions in the amount of $100,000.00; 3. Authorize the City Manager or designee to review and approve written requests for the use of the contingency for unforeseen conditions up to the contingency amount; and 4. Authorize the City Manager or designee to execute the agreement and any documents necessary to effectuate the actions taken herewith. This item was removed for separate consideration. Page 17 DRAFT MINUTES – FOR DISCUSSION PURPOSES ONLY NOVEMBER 18, 2021 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 8 Main Motion: 1. Award Contract No. C37960E to R Dependable Construction, Inc. of San Bernardino, California for the City Council Chambers Renovation Project in the amount of $925,000.00; 2.Authorize the Director of Finance to set aside a contingency for unforeseen conditions in the amount of $100,000.00; 3.Authorize the City Manager or designee to review and approve written requests for the use of the contingency for unforeseen conditions up to the contingency amount; and 4.Authorize the City Manager or designee to execute the agreement and any documents necessary to effectuate the actions taken herewith. Moved by: Harnik/Quintanilla Vote and Action: 5 Yes/0 No. Motion Carried 15.REQUEST TO APPROVE Contract No. C38840D with Granite Construction Company of Indio, California, for the CV Link Project as complete, and authorize the City Clerk to file a Notice of Completion (Project No. 707-20) (CC) This item was removed for separate consideration. Main Motion: Accept Contract No. C38840D with Granite Construction Company of Indio, California, for the CV Link Project as complete; and authorize the City Clerk to file the Notice of Completion. Moved by: Harnik/Jonathan Vote and Action: 5 Yes/0 No. Motion Carried 16.REQUEST TO APPROVE the Palm Desert Charter Middle School 2022 Panther 5K (CC) Rec.: Approve the Palm Desert Charter Middle School Panther 5K scheduled for Sunday, January 23, 2022, and approve road closures on El Paseo between Highway 74 and Portola Avenue. 17.REQUEST TO APPROVE a Councilmember Liaison to the Cultural Resources Preservation Committee (CC) Rec.: Approve Councilmember Quintanilla as the 2021 Councilmember Liaison to the Cultural Resources Preservation Committee. 18.REQUEST TO APPROVE the City of Palm Desert’s participation in the National Opioid Settlements with the three largest pharmaceutical distributors, McKesson, Cardinal Health, and AmerisourceBergen, and one manufacturer, Janssen Pharmaceuticals, Inc., and its parent company Johnson & Johnson; and approve the Proposed California State- Subdivision Agreement Regarding Distribution and Use of Settlement Funds for both settlements (CC) Rec.: 1. Approve the City of Palm Desert’s participation in the National Opioid Settlements with the three largest pharmaceutical distributors, McKesson, Page 18 DRAFT MINUTES – FOR DISCUSSION PURPOSES ONLY NOVEMBER 18, 2021 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 9 Cardinal Health, and AmerisourceBergen, and one manufacturer, Janssen Pharmaceuticals, Inc., and it’s parent company Johnson & Johnson; and 2. Approve the Proposed California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds for the Distributor Settlement and Janssen (J&J) Settlement; and 3. Authorize the City Manager to execute the settlement participation form, settlement documents and any other documents necessary to effectuate the actions taken herewith. 19. REQUEST TO APPROVE a one (1) year waiver of Business License fees, inclusive of fees related to the El Paseo Business Improvement District, for President’s Plaza businesses with access exclusively off the President’s Plaza parking lot (CC) Rec.: Approve a one (1) year waiver of Business License fees, inclusive of fees related to the El Paseo Business Improvement District, in an amount not to exceed $3,000 total for President’s Plaza businesses with access exclusively off the President’s Plaza parking lot. 20. REQUEST FOR CONSIDERATION to ratify the City Manager’s approval for out-of-state travel for Director of Development Services, Deputy Director of Development Services, and Permit Center Supervisor to visit the Permit Center staff of the City of Bellevue, Washington, on November 8, 2021 (CC) Rec.: Ratify the City Manager’s authorization for out-of-state travel for staff from the City’s Development Services Department to meet with Permit Center staff from the City of Bellevue, Washington. 21. REQUEST FOR CONSIDERATION to Ratify the City Manager’s Authorization of Amendment 3 to Contract No. C38440 with GDG, Inc. to expand Courtesy Cart operations to Presidents Plaza (CC) Rec.: 1. Ratify the City Manager’s authorization to amend Contract No. C38440 to expand Courtesy Cart operations to include the use of a third cart to service Presidents Plaza during construction from November 5, 2021 – January 31, 2022; 2. Authorize expenditures not to exceed $21,500 for the expanded Courtesy Cart services; and 3. Appropriate General Funds in an amount not to exceed $21,500 for Fiscal Year 2021/2022 in Account No. 1104416-4368100, Courtesy Carts. Page 19 DRAFT MINUTES – FOR DISCUSSION PURPOSES ONLY NOVEMBER 18, 2021 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 10 22.REQUEST FOR DIRECTION on the selection of a pricing program for the Lease- Purchase of Turf Equipment; approve a Master Lease-Purchase Agreement for a Term of 60 Months; authorize the City Manager to execute a Master Equipment Lease- Purchase Agreement; and declare the list of Trade-in Equipment as surplus and apply the trade-in value of CCC to the cost of the new equipment (CC) This item was removed for separate consideration. Main Motion: Postpone to meeting of December 16 pending additional clarification from staff. Moved by: Quintanilla/Harnik Vote and Action: 5 Yes/0 No. Motion Carried 23.RECEIVE AND FILE the City of Palm Desert’s Social Media Policy Regarding Holidays and Commemorations (CC) Rec.: Receive and file. 24.RECEIVE AND FILE Desert Willow Management Request for Proposals Evaluation Committee Member List (CC) Rec.: Receive and file. Main Motion: Approve Consent Calendar with the exception of Items 14, 15, and 22 which were removed for separate consideration. Moved by: Nestande/Jonathan Vote and Action: 5 Yes/0 No. Motion Carried ACTION CALENDAR 25.REQUEST FOR ACTION to review public input results and select artist Kyle Absolom or Donald Gialanella to create artwork for the San Pablo Phase 1 roundabout on San Pablo Avenue and San Gorgonio Way (CC) Main Motion: 1. Review public input results and select artist Kyle Absolom or Donald Gialanella to create an artwork for the San Pablo Phase 1 roundabout on San Pablo Avenue and San Gorgonio Way; 2.Approve the attached Agreement in the amount of $125,000 to include artwork design, fabrication, and delivery to the project site; and 3.Authorize the Mayor to execute the Agreement and allow the City Attorney to make non-substantive changes. Moved by: Quintanilla/Harnik Vote and Action: 4 Yes/1 No (Jonathan). Motion Carried Page 20 DRAFT MINUTES – FOR DISCUSSION PURPOSES ONLY NOVEMBER 18, 2021 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 11 26. REQUEST FOR DIRECTION on recommended improvements for the Haystack Road Traffic Calming and Safety Improvements (Project No. 667-21) (CC) Main Motion: Direct staff to proceed with the approach as proposed in the Haystack Road Traffic Calming and Safety Study. Moved by: Jonathan/Nestande Vote and Action: 5 Yes/0 No. Motion Carried 27. REQUEST FOR CONSIDERATION to request the Planning Commission to review the timeshare ordinance and provide City Council with any recommended amendments (CC) Rec.: By Minute Motion, request the Planning Commission review the timeshare ordinance and provide City Council with any recommended amendments. Main Motion: Table item pending further staff input. Moved by: Harnik/Quintanilla Vote and Action: 5 Yes/0 No. Motion Carried CITY MANAGER COMMENTS None. ADJOURNMENT With City Council, Successor Agency, and Housing Authority concurrence, Mayor Kelly adjourned the meeting in memory of Ella Manor at 5:51 p.m. KATHLEEN KELLY MAYOR/CHAIR/CHAIRMAN ATTEST: NÍAMH M. ORTEGA, DEPUTY CITY CLERK AND ASSISTANT SECRETARY Palm Desert City Council Successor Agency to the Palm Desert Redevelopment Agency Housing Authority Page 21 [This page has intentionally been left blank.] Page 22 Page 23 Page 24 Page 25 Page 26 Page 27 Page 28 Page 29 Page 30 Page 31 Page 32 Page 33 Page 34 Page 35 Page 36 Page 37 Page 38 Page 39 Page 40 Page 41 Page 42 Page 43 Page 44 Page 45 Page 46 Page 47 Page 48 Page 49 Page 50 Page 51 Page 52 Page 53 Page 54 Page 55 Page 56 Page 57 Page 58 Page 59 Page 60 Page 61 Page 62 Page 63 Page 64 Page 65 Page 66 Page 67 Page 68 Page 69 Page 70 Page 71 Page 72 Page 73 Page 74 Page 75 Page 76 STAFF REPORT CITY OF PALM DESERT MEETING DATE: January 13, 2022 PREPARED BY: Robert Hargreaves, City Attorney REQUEST: By Minute Motion, make findings that the State of California continues in a Governor-declared state of emergency to combat the COVID epidemic, that state and local health officials are recommending social distancing, and that the City may continue to employ remote teleconferencing. _____________________________________________________________________ Recommendation By Minute Motion, the City Council hereby finds the State of California continues in a Governor-declared state of emergency to combat the COVID epidemic, that state and local health officials are recommending social distancing, and consequently that the City Council and its other Brown-Act bodies may continue to employ remote teleconferencing under Government Code Section 54953(e). Strategic Plan The proposed action has no impact on the Strategic Plan. Background Analysis AB 361 (Government Code Section 54953(e)) provides that a local agency may employ remote teleconferencing upon a finding by the governing board that certain circumstances exist, among those that there is a Governor-declared emergency and state or local officials are recommending social distancing. The City Council will need to make those findings each month in which it continues to implement remote teleconferencing. The alternative is to revert to the preexisting Brown Act standards for teleconferencing which require that: (1) all teleconferencing locations be identified on the agenda; (2) agendas be posted at all teleconferencing locations; (3) all teleconferencing locations be open to the public; and (4) a majority of the council participate from locations within the City. Page 77 January 13, 2022 - Staff Report AB361 Page 2 of 2 Fiscal Analysis There is no direct fiscal impact associated with this item. LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW ASSISTANT CITY MANAGER RWH Robert W. Hargreaves City Attorney N/A N/A Janet M. Moore Director of Finance Andy Firestine Andy Firestine Assistant City Manager City Manager L. Todd Hileman: L. Todd Hileman ATTACHMENTS: None Page 78 READOPTION OF ORDINANCE NO. 1373 In an abundance of caution given publishing anomalies over the holidays, we are readopting and republishing. URGENCY ORDINANCE NO. 1373 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 25.34 (SPECIAL USE PROVISIONS) AND ADDING CHAPTER 26.30 (URBAN LOT SPLITS) OF THE CITY OF PALM DESERT MUNICIPAL CODE RELATING TO URBAN LOT SPLITS AND TWO-UNIT PROJECTS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA WHEREAS, the City of Palm Desert, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, in 2021, the California Legislature approved, and Governor Gavin Newsom signed into law Senate Bill 9 (“SB 9”), which among other things, adds Government Code Section 65852.21 and 66411.7 to impose new limits on local authority to regulate urban lot splits and two-unit projects; and WHEREAS, SB 9 allows local agencies to adopt the objective design, development, and subdivision standards for urban lot splits and two-unit projects; and WHEREAS, SB 9 takes effect January 1, 2022, and preempts any conflicting city ordinance; and WHEREAS, the City desires to amend its local regulatory scheme to comply with Government Code Sections 66411.7 and 65852.21 and to appropriately regulate projects under SB 9; and WHEREAS, there is a current and immediate threat to the public health, safety, or welfare based on the passage of the new SB 9 Law because if the City does not adopt appropriate objective standards for urban lot splits and two-unit projects under SB 9 as of January 1, 2022, the City would thereafter be limited to applying the few objective standards that already in its code, which did not anticipate and were not enacted with urban lot splits and ministerial two-unit projects in mind; and WHEREAS, the approval of urban lot splits and two-unit projects based solely on the City’s default standards, without appropriate regulations governing lot configuration, unit size, height, setback, landscape, architectural review, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety. These threats to public safety, health, and welfare justify the adoption of this ordinance as an urgency ordinance to be effective immediately upon adoption by a four-fifths vote of the City Council; and WHEREAS, to protect public safety, health, and welfare, the City Council may adopt this ordinance as an urgency measure in accordance with Government Code Section 36937, subdivision (b). Page 79 URGENCY ORDINANCE NO. 1373 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council. Section 2. Under California Government Code sections 65852.21, subd. (j), and 66411.7, subd. (n), the adoption of an ordinance by a city or county implementing the provisions of Government Code sections 66411.7 and 65852.21 and regulating urban lot splits and two-unit projects is statutorily exempt from the requirements of the California Environmental Quality Act (“CEQA”). Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements these new laws enacted by SB 9. Each of the foregoing exemptions is asserted in the alternative and each is independently sufficient to fully exempt the whole of the project. Section 3. Amending Chapter 25.34 (Special Use Provisions) and adding Chapter 26.30 (Urban Lot Splits) of the City of Palm Desert Municipal Code is hereby amended and restated as provided in Exhibit “A”, attached hereto, and incorporated herein by reference. Section 4. This ordinance takes effect immediately upon its adoption. Section 5. The City Clerk shall either: (a) have this ordinance published in a newspaper of general circulation within 15 days after its adoption or (b) have a summary of this ordinance published twice in a newspaper of general circulation, once five days before its adoption and again within 15 days after its adoption. Section 6. If any provision of this ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this resolution are severable. The City Council declares that it would have adopted this resolution irrespective of the invalidity of any portion thereof. Section 7. The City Council hereby directs staff to prepare, execute, and file with the Riverside County Clerk a Notice of Exemption within five (5) working days of the adoption of this Ordinance. Section 8. The Custodian of Records for this Ordinance is with the City Clerk and the records compromising the administrative record for this Ordinance are located at 73510 Fred Waring Drive, Palm Desert, CA 92260. Page 80 URGENCY ORDINANCE NO. 1373 3 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at a regular meeting of the City Council held on the 13th day of January, 2022, by the following vote: AYES: NOES: ABSENT: ABSTAIN: JAN C. HARNIK, MAYOR ATTEST: CITY CLERK CITY OF PALM DESERT, CALIFORNIA APPROVED AS TO FORM: ________________________________ ROBERT W. HARGREAVES CITY ATTORNEY Page 81 URGENCY ORDINANCE NO. 1373 4 EXHIBIT A Amendments to Municipal Code EXHIBIT “A” Page 82 URGENCY ORDINANCE NO. 1373 5 IN THE SUBDIVISION TITLE: SUBDIVISIONS Section 26.30 Urban Lot Splits (a) Purpose. The purpose of this section is to allow and appropriately regulate urban lot splits in accordance with Government Code section 66411.7. (b) Definition. An “urban lot split” means the subdivision of an existing, legally subdivided lot (Gov. Code § 66499.34) into two lots in accordance with the requirements of this section. (c) Application. (1) Only individual property owners may apply for an urban lot split. “Individual property owner” means a natural person holding fee title individually or jointly in the person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or a corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15). (2) An application for an urban lot split must be submitted on the City’s approved form. Only a complete application will be considered. The City will inform the applicant in writing of any incompleteness within 30 days after the application is submitted. (3) The City may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The City Council may establish and change the fee by resolution. The fee must be paid with the application. (d) Approval. (1) An application for a parcel map for an urban lot split is approved or denied ministerially, by the Director of Development Services, without discretionary review. (2) A tentative parcel map for an urban lot split is approved ministerially if it complies with all the requirements of this section. The tentative parcel map may not be recorded. A final parcel map is approved ministerially as well, but not until the owner demonstrates that the required documents have been recorded, such as the deed restriction and easements. The tentative parcel map expires three months after approval. (3) The approval must require the owner and applicant to hold the City harmless from all claims and damages related to the approval and its subject matter. (4) The approval must require the owner and applicant to reimburse the City for all costs of enforcement, including attorneys’ fees and costs associated with enforcing the requirements of this code. Page 83 URGENCY ORDINANCE NO. 1373 6 (e)Requirements. An urban lot split must satisfy each of the following requirements: (1)Map Act Compliance. (A)The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Gov. Code § 66410 et. seq., “SMA”), including implementing requirements in this code, and a list of application requirements except as otherwise expressly provided in this section. (B)If an urban lot split violates any part of the SMA, the City’s subdivision regulations, including this section, or any other legal requirement: (i)The buyer or grantee of a lot that is created by the urban lot split has all the remedies available under the SMA, including but not limited to an action for damages or to void the deed, sale, or contract. (ii)The City has all the remedies available to it under the SMA, including but not limited to the following: (I)An action to enjoin any attempt to sell, lease, or finance the property. (II)An action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief. (III)Criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both, or a misdemeanor. (IV)Record a notice of violation. (V)Withhold any or all future permits and approvals. (C)Notwithstanding section 66411.1 of the SMA, no dedication of rights-of- way or construction of offsite improvements is required for an urban lot split. (2)Zone. The lot to be split is in a single-family residential zone. For purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot. (3)Lot Location. (A)The lot to be split is not located on a site that is any of the following: (i)Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters. Page 84 URGENCY ORDINANCE NO. 1373 7 (ii) A wetland. (iii) Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards. (iv) A hazardous waste site that has not been cleared for residential use. (v) Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards. (vi) Within a 100-year flood hazard area, unless the site has either: (I) been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or (II) meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program. (vii) Within a regulatory floodway unless all development on the site has received a no-rise certification. (viii) Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan. (ix) Habitat for protected species. (x) Land under conservation easement. (B) The purpose of subpart 26.30(e)(3)(A) above is merely to summarize the requirements of Government Code section 65913.4(a)(6)(B)–(K). (See Gov. Code § 66411.7(a)(3)(C).) (4) Not Historic. The lot to be split must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a city or county landmark or as a historic property or district. (5) No Prior Urban Lot Split. (A) The lot to be split was not established through a prior urban lot split. Page 85 URGENCY ORDINANCE NO. 1373 8 (B) The lot to be split is not adjacent to any lot that was established through a prior urban lot split by the owner of the lot to be split or by any person acting in concert with the owner. (6) No Impact on Protected Housing. The urban lot split must not require or include the demolition or alteration of any of the following types of housing: (A) Housing that is income-restricted for households of moderate, low, or very low income. (B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its policy power. (C) Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§ 7060–7060.7) at any time in the 15 years prior to submission of the urban lot split application. (D) Housing that has been occupied by a tenant in the last three years. (i) The applicant and the owner of a property for which an urban lot split is sought must provide a sworn statement as to this fact with the application for the parcel map. The City may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement. (7) Lot Size. (A) The lot to be split must be at least 2,400 square feet. (B) The resulting lots must each be at least 1,200 square feet. (C) Each of the resulting lots must be between 60 percent and 40 percent of the original lot area. (8) Easements. (A) The owner must enter into an easement agreement with each public- service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots. (B) Each easement must be shown on the tentative parcel map. (C) Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded Page 86 URGENCY ORDINANCE NO. 1373 9 against the property before the final map may be approved, in accordance with subpart 26.30(d)(2) above. (9) Lot Access. (A) Each resulting lot must adjoin the public street right-of-way. (B) Each resulting lot must have frontage on the public street right-of-way of at least 12.5 feet. (C) All vehicular access must be at the frontage on the public right of way. (10) Unit Standards. (A) Quantity. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, “unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under Section 25.34.180 of this code, an accessory dwelling unit (ADU), or a junior accessory dwelling unit (JADU). (B) Unit Size. (i) The total floor area of each primary dwelling that is developed on a resulting lot must be: (I) less than or equal to 800 and (II) more than 500 square feet. (ii) A primary dwelling that was legally established prior to the urban lot split and that is larger than 800 square feet is limited to the lawful floor area at the time of the urban lot split. It may not be expanded. (iii) A primary dwelling that was legally established prior to the urban lot split and that is smaller than 800 square feet may be expanded to 800 square feet after the urban lot split. (C) Height Restrictions. (i) On a resulting lot, no new primary dwelling unit shall be limited to a single story (16 feet maximum height), measured from grade to peak of the structure. (ii) No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from an urban lot split. Page 87 URGENCY ORDINANCE NO. 1373 10 (D)Lot Coverage. The lot coverage of the subject property’s zoning district or specific plan designation shall apply to the existing and newly created parcel, the application of this lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each. (E)Setbacks. (i)Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone. (ii)Exceptions. Notwithstanding subpart 26.30(e)(10)(E) above: (I)Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure. (II)800 sf; four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area, but in no event may any structure be less than four feet from a side or rear property line. (iii)Front Setback Area (Street Facing). Notwithstanding any other part of this code, dwellings that are constructed after an urban lot split must have the front setback street as required by the underlying zone. The front setback area must: (I)be kept free from all structures greater than three feet high. (II)be at least 50 percent landscaped with drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect. (III)allow for vehicular and fire-safety access to the front structure. (iv)Corner Lot Setback. Notwithstanding any other part of this code building placements shall comply with PDMC Section 25.40.100 (Traffic Sight Obstruction). (F)Parking. Each new primary dwelling unit that is built on a lot after an urban lot split must have at least one off-street parking space per unit unless one of the following applies: (i)The lot is located within one-half mile walking distance of either Page 88 URGENCY ORDINANCE NO. 1373 11 (I) a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours or (II) a site that contains a. an existing rail or bus rapid transit station, b. a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods. c. The site is located within one block of a car-share vehicle location. d. Driveway placement for vehicular access shall be adequately separated from any existing or proposed street intersection. e. All driveway placements shall be located at primary street frontage. (G) Architecture. (i) If there is a legal primary dwelling on the lot that was established before the urban lot split, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof. (ii) If there is no legal primary dwelling on the lot before the urban lot split, and if two primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof. (iii) All exterior lighting must be limited to down-lights and shall comply with Chapter 24.16 (Outdoor Lighting Requirements). (iv) No window or door of a dwelling that is constructed on the lot after the urban lot split may have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight. (v) If a dwelling is constructed on a lot after an urban lot split and any portion of the dwelling is less than 30 feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for windows) clerestory with Page 89 URGENCY ORDINANCE NO. 1373 12 the bottom of the glass at least six feet above the finished floor or (for windows and doors) utilize frosted or obscure glass. (vi) All rooftop equipment shall comply with regulations of PDMC Section 25.40.90(C). (H) Landscaping. Landscape screening must be planted and maintained between each dwelling and adjacent lots (but not right-of-ways) as follows: (i) At least one 15-gallon size plant shall be provided for every five linear feet of the exterior wall. Alternatively, at least one 24” box size plant shall be provided for every 10 linear feet of the exterior wall. (ii) Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least six feet in height may be installed. (iii) All landscaping must be drought tolerant. (iv) All landscaping must be from the Coachella Valley Water District (CVWD) approved plan list. (v) All ground-mounted utilities shall comply with screening regulations of PDMC Section 25.40.090 (I) Nonconforming Conditions. An urban lot split may be approved without requiring a legal nonconforming zoning condition to be corrected. (J) Utilities. (i) Each primary dwelling unit on the resulting lots must have its own direct utility connection to the utility service provider. (ii) Each primary dwelling unit on the resulting lots that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years. (K) Building & Safety. All structures built on the lot must comply with all current local building standards. A project under this section is a change of use and subjects the whole of the lot, and all structures, to the City’s current code. (11) Fire-Hazard Mitigation Measures. (A) A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures: Page 90 URGENCY ORDINANCE NO. 1373 13 (i) It must have direct access to a public right of way with a paved street with a width as required by the Fire Marshal. The public right of way must have at least two independent points of access for fire and life safety to access and for residents to evacuate. (ii) All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone. (iii) All enclosed structures on the site must have fire sprinklers. (iv) All sides of all dwellings on the site must be within a 150-foot hose-pull distance from either the public right of way or of an onsite fire hydrant or standpipe. (v) If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fire- authority approved hookups compatible with fire-authority standard pump and hose equipment. (B) Prior to submitting an application for an urban lot split, the applicant must obtain a certificate of compliance with all applicable fire-hazard mitigation measures in accordance with this subpart 26.30(e)(11). The City or its authorized agent must inspect the site, including all structures on the site, and certify as to its compliance. The certificate must be included with the application. The applicant must pay the City’s costs for inspection. Failure to pay is grounds for denying the application. (12) Separate Conveyance. (A) Within a resulting lot. (i) Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from each other. (ii) Condominium airspace divisions and common interest developments are not permitted on a lot that is created by an urban lot split. (iii) All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property owners. (B) Between resulting lots. Separate conveyance of the resulting lots is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner must record appropriate CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two lots. Page 91 URGENCY ORDINANCE NO. 1373 14 (13) Regulation of Uses. (A) Residential-only. No non-residential use is permitted on any lot created by urban lot split. (B) No Short-term Rentals (STRs). No dwelling unit on a lot that is created by an urban lot split may be rented for a period of less than 30 days. (C) Owner Occupancy. The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant's principal residence for a minimum of three years after the urban lot split is approved. (14) Notice of Construction. (A) At least 30 business days before starting any construction of a structure on a lot created by an urban lot split, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information: (i) Notice that construction has been authorized, (ii) The anticipated start and end dates for construction, (iii) The hours of construction, (iv) Contact information for the project manager (for construction- related complaints), and (v) Contact information for the Building & Safety Department. (B) This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectations. (15) Deed Restriction. The owner must record a deed restriction, acceptable to the City, that does each of the following: (A) Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days. (B) Expressly prohibits any non-residential use of the lots created by the urban lot split. (C) Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot. Page 92 URGENCY ORDINANCE NO. 1373 15 (D) States that the property is formed by an urban lot split and is therefore subject to the City’s urban lot split regulations, including all applicable limits on dwelling size and development. (f) Specific Adverse Impacts. (1) Notwithstanding anything else in this section, the City may deny an application for an urban lot split if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a “specific, adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. (2) “Specific adverse impact” has the same meaning as in Gov. Code § 65589.5(d)(2): “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete” and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g). (3) The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact. Page 93 URGENCY ORDINANCE NO. 1373 16 IN THE LAND USE TITLE: SPECIAL USE PROVISIONS Section 25.34.180 Two-unit Projects (a) Purpose. The purpose of this section is to allow and appropriately regulate two-unit projects in accordance with Government Code section 65852.21. (b) Definition. A “two-unit project” means the development of two primary dwelling units or if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot (Gov. Code § 66499.34) in accordance with the requirements of this section. (c) Application. (1) Only individual property owners may apply for a two-unit project. “Individual property owner” means a natural person holding fee title individually or jointly in the person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15). (2) An application for a two-unit project must be submitted on the City’s approved form. (3) The applicant must obtain a certificate of compliance with the Subdivision Map Act for the lot and provide the certificate with the application. (4) Only a complete application will be considered. The City will inform the applicant in writing of any incompleteness within 30 days after the application is submitted. (5) The City may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The City Council may establish and change the fee by resolution. The fee must be paid with the application. (d) Approval. (1) An application for a two-unit project is approved or denied ministerially, by the Director of Development Services, without discretionary review. (2) The ministerial approval of a two-unit project does not take effect until the City has confirmed that the required documents have been recorded, such as the deed restriction and easements. (3) The approval must require the owner and applicant to hold the City harmless from all claims and damages related to the approval and its subject matter. Page 94 URGENCY ORDINANCE NO. 1373 17 (4) The approval must require the owner and applicant to reimburse the City for all costs of enforcement, including attorneys’ fees and costs associated with enforcing the requirements of this code. (e) Requirements. A two-unit project must satisfy each of the following requirements: (1) Map Act Compliance. The lot must have been legally subdivided. (2) Zone. The lot is in a single-family residential zone. For purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot. (3) Lot Location. (A) The lot is not located on a site that is any of the following: (i) Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters. (ii) A wetland. (iii) Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards. (iv) A hazardous waste site that has not been cleared for residential use. (v) Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards. (vi) Within a 100-year flood hazard area, unless the site has either: (I) been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or (II) meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program. (vii) Within a regulatory floodway unless all development on the site has received a no-rise certification. (viii) Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan. (ix) Habitat for protected species. Page 95 URGENCY ORDINANCE NO. 1373 18 (x) Land under conservation easement. (B) The purpose of subpart is merely to summarize the requirements of Government Code section 65913.4(a)(6)(B)–(K). (See Gov. Code § 66411.7(a)(3)(C).) (4) Not Historic. The lot must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a city or county landmark or as a historic property or district. (5) No Impact on Protected Housing. The two-unit project must not require or include the demolition or alteration of any of the following types of housing: (A) Housing that is income-restricted for households of moderate, low, or very low income. (B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its policy power. (C) Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§ 7060–7060.7) at any time in the 15 years prior to submission of the urban lot split application. (D) Housing that has been occupied by a tenant in the last three years. (i) The applicant and the owner of a property for which a two-unit project is sought must provide a sworn statement as to this fact with the application for the parcel map. The City may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the City may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement. (6) Unit Standards. (A) Quantity. (i) No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, “unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this section of this code, an ADU, or a JADU. (ii) A lot that is not created by an urban lot split may have a two-unit project under this section, plus any ADU or JADU that must be allowed under state law and the City’s ADU ordinance. Page 96 URGENCY ORDINANCE NO. 1373 19 (B)Unit Size. (i)The total floor area of each primary dwelling built that is developed under this section must be (I)less than or equal to 800 and (II)more than 500 square feet. (ii)A primary dwelling that was legally established on the lot prior to the two-unit project and that is larger than 800 square feet is limited to the lawful floor area at the time of the two-unit project. The unit may not be expanded. (iii)A primary dwelling that was legally established prior to the two- unit project and that is smaller than 800 square feet may be expanded to 800 square feet after or as part of the two-unit project. (C)Height Restrictions. (i)On a resulting lot, no new primary dwelling unit shall be limited to a single story (16 feet maximum height), measured from grade to peak of the structure. (ii)No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from an urban lot split. (D)Demo Cap. The two-unit project may not involve the demolition of more than 25 percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years. (E)Lot Coverage. The lot coverage of the subject property’s zoning district or specific plan designation shall apply to the existing and newly created parcel, the application of this lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each. (F)Setbacks. (i)Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone. (ii)Exceptions. Notwithstanding subpart 25.34.180(e)(6)(F) above: (I)Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure. Page 97 URGENCY ORDINANCE NO. 1373 20 (II)800 sf; four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area, but in no event may any structure be less than four feet from a side or rear property line. (i)Front Setback Area (Street Facing). Notwithstanding any other part of this code, dwellings that are constructed after an urban lot split must have the front setback street as required by the underlying zone. The front setback area must: (I)be kept free from all structures greater than three feet high. (II)be at least 50 percent landscaped with drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect. (III)allow for vehicular and fire-safety access to the front structure. (ii)Corner Lot Setback. Notwithstanding any other part of this code building placements shall comply with PDMC Section 25.40.100 (Traffic Sight Obstruction) (G)Parking. Each new primary dwelling unit must have at least one off- street parking space per unit unless one of the following applies: (i)The lot is located within one-half mile walking distance of either (I)a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours or (II)a site that contains (ia) an existing rail or bus rapid transit station, (ib) a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods. (ii)The site is located within one block of a car-share vehicle location. (iii)Driveway placement for vehicular access shall be adequately separated from any existing or proposed street intersection. Page 98 URGENCY ORDINANCE NO. 1373 21 (iv) All driveway placements shall be located at primary street frontage. (H) Architecture. (i) If there is a legal primary dwelling on the lot that was established before the urban lot split, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof. (ii) If there is no legal primary dwelling on the lot before the urban lot split, and if two primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof. (iii) All exterior lighting must be limited to down-lights and shall comply with Chapter 24.16 (Outdoor Lighting Requirements). (iv) No window or door of a dwelling that is constructed on the lot after the urban lot split may have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight. (v) If a dwelling is constructed on a lot after an urban lot split and any portion of the dwelling is less than 30 feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor or (for windows and for doors) utilize frosted or obscure glass. (vi) All rooftop equipment shall comply with regulations of PDMC Section 25.40.90(C). (I) Landscaping. Landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights of way) as follows: (i) At least one 15-gallon size plant shall be provided for every five linear feet of the exterior wall. Alternatively, at least one 24” box size plant shall be provided for every ten linear feet of the exterior wall. (ii) Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least 6 feet in height may be installed. (iii) All landscaping must be drought tolerant. Page 99 URGENCY ORDINANCE NO. 1373 22 (iv) All landscaping must be from the Coachella Valley Water District (CVWD) approved plan list. (v) All ground-mounted utilities shall comply with screening regulations of PDMC Section 25.40.090. (J) Nonconforming Conditions. A two-unit project may only be approved if all nonconforming zoning conditions are corrected. (K) Utilities. (i) Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider. (ii) Each primary dwelling unit on the lot that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years. (L) Building & Safety. All structures built on the lot must comply with all current local building standards. A project under this section is a change of use and subjects the whole of the lot, and all structures, to the City’s current code. (7) Fire-Hazard Mitigation Measures. A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures: (A) It must have direct access to a public right of way with a paved street with a width as required by the Fire Marshal. The public right of way must have at least two independent points of access for fire and life safety to access and for residents to evacuate. (B) All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone. (C) All enclosed structures on the site must have fire sprinklers. (D) All sides of all dwellings on the site must be within a 150-foot hose-pull distance from either the public right of way or of an onsite fire hydrant or standpipe. (E) If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fire-authority approved hookups compatible with fire-authority standard pump and hose equipment. (8) Separate Conveyance. (A) Primary dwelling units on the lot may not be owned or conveyed separately from each other. Page 100 URGENCY ORDINANCE NO. 1373 23 (B) Condominium airspace divisions and common interest developments are not permitted within the lot. (C) All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners. (9) Regulation of Uses. (A) Residential-only. No non-residential use is permitted on the lot. (B) No STRs. No dwelling unit on the lot may be rented for a period of less than 30 days. (C) Owner Occupancy. Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two-unit project must occupy one of the dwellings on the lot as the owners’ principal residence and legal domicile. (10) Notice of Construction. (A) At least 30 business days before starting any construction of a two-unit project, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information: (i) Notice that construction has been authorized, (ii) The anticipated start and end dates for construction, (iii) The hours of construction, (iv) Contact information for the project manager (for construction- related complaints), and (v) Contact information for the Building & Safety Division. (B) This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectations. (11) Deed Restriction. The owner must record a deed restriction, acceptable to the City, that does each of the following: (A) Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days. (B) Expressly prohibits any non-residential use of the lot. Page 101 URGENCY ORDINANCE NO. 1373 24 (C) Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot. (D) If the lot is not created by an urban lot split: Expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners’ primary residence and legal domicile. (E) States that the property is formed by an urban lot split and is therefore subject to the City’s urban lot split regulations, including all applicable limits on dwelling size and development. (f) Specific Adverse Impacts. (1) Notwithstanding anything else in this section, the City may deny an application for a two-unit project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a “specific, adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. (2) “Specific adverse impact” has the same meaning as in Gov. Code § 65589.5(d)(2): “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete” and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g). (3) The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact. (g) Remedies. If a two-unit project violates any part of this code or any other legal requirement: (1) The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract. (2) The City may: (A) Bring an action to enjoin any attempt to sell, lease, or finance the property. (B) Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief. (C) Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both, or a misdemeanor. Page 102 URGENCY ORDINANCE NO. 1373 25 (D) Record a notice of violation. (E) Withhold any or all future permits and approvals. (F) Pursue all other administrative, legal, or equitable remedies that are allowed by law or the City’s code. Page 103 [This page has intentionally been left blank.] Page 104 STAFF REPORT SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY MEETING DATE: January 13, 2022 SUBMITTED BY: Veronica Chavez, Finance Manager REQUEST: ADOPT RESOLUTION NO. SA-RDA _____ ADOPTING A RECOGNIZED OBLIGATION PAYMENT SCHEDULE AND ADMINISTRATIVE BUDGETS FOR THE FISCAL PERIOD FROM JULY 1, 2022 THROUGH JUNE 30, 2023, PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 AND TAKING CERTAIN RELATED ACTIONS _______________________________________________________________________ Recommendation That the Successor Agency Board waive further reading and adopt Resolution No. SA- RDA ____ approving the Recognized Obligation Payment Schedule and Administrative Budgets for the fiscal period from July 1, 2022 through June 30, 2023, and taking certain related actions. Executive Summary Approval of these items is required pursuant to dissolution law in order to fund the approved enforceable obligations of the Successor Agency to the Palm Desert Redevelopment Agency in the 2022/2023 fiscal year. Background Analysis Pursuant to Health and Safety Code (“HSC”) Section 34177, the Successor Agency must prepare a Recognized Obligation Payment Schedule (“ROPS”) annually, listing the anticipated payments for enforceable obligations to be made from July 1 through the following June 30. The Successor Agency must also prepare a proposed administrative budget for each six-month period, which must include the following: (1) estimated amounts for Successor Agency administrative costs for the applicable six-month fiscal period; (2) proposed sources of payment for the administrative costs; and (3) proposals for arrangements for administrative and operations services provided by the City of Palm Desert (the “City”) or another entity. All ROPS and Administrative Budgets must be approved by the Riverside County Countywide Oversight Board. Each Oversight Board-approved ROPS and Administrative Budget must be submitted to the DOF for review. HSC Section 34177 also requires the Successor Agency to submit an Oversight Board-approved ROPS to the DOF and to the County Auditor-Controller no later than February 1, 2022. A copy of the Oversight Board- approved ROPS must be posted on the Successor Agency’s website. Page 105 January 13, 2022 - Staff Report RECOGNIZED OBLIGATION PAYMENT SCHEDULES AND ADMIN BUDGET 2022/2023 Page 2 of 3 W:\Staff Reports - Shared 2\Staff Reports 2022-0113\5 - Norma - 2022-0113\05 Res SA-RDA 088 FY 2022-23 ROPS and Admin Budget\01 Palm Desert - SA staff report for ROPS and Admin Budgets 22-23 1-13-22.docx The DOF may eliminate or modify any item on the ROPS before approving the ROPS. The DOF must make its determination regarding the enforceable obligations and the amount and funding source for each enforceable obligation listed on ROPS 2022/2023 no later than April 15, 2022. Within five business days of the DOF’s determination, the Successor Agency may request to “meet and confer” with the DOF on disputed items. The meet and confer period may vary, but an untimely submission of ROPS 2022/2023 may result in a meet and confer period of less than 30 days. The County Auditor-Controller may object to the inclusion of any item on the ROPS that is not demonstrated to be an enforceable obligation and may object to the funding source proposed for any item. The County Auditor-Controller must provide notice of its objections to the DOF, the Successor Agency and the Oversight Board at least 60 days before disbursements from the Redevelopment Property Tax Trust Fund (“RPTTF”) are required to be made. The County Auditor-Controller is required to make RPTTF disbursements to the Successor Agency pursuant to the DOF-approved ROPS for fiscal year 2022/2023 on June 1, 2022 (to cover enforceable obligation payments from July 1, 2022 through December 31, 2022) and January 2, 2023 (to cover enforceable obligation payments from January 1, 2023 through June 30, 2023). Delinquent submission of the ROPS to the Oversight Board may result in severe penalties to the City of Palm Desert (as the responsible entity that created the Redevelopment Agency). Staff recommends that the Board of Directors of the Successor Agency adopt the resolution approving the ROPS and Administrative Budgets for fiscal year 2022/2023 and taking certain related actions. Fiscal Analysis The preparation and submittal of ROPS and Administrative Budgets for fiscal year 2022/2023 are for the purpose of allowing the Successor Agency to pay its enforceable obligations for the period from July 1, 2022 to June 30, 2023. The “administrative cost allowance” is the amount of administrative costs that may be paid by the Successor Agency from moneys received from the RPTTF. Subject to the Dissolution Act, the permitted administrative cost allowance is the greater of: (i) $250,000 per fiscal year, or (ii) up to 3 percent of the actual RPTTF moneys distributed to the Successor Agency by the County Auditor-Controller in the preceding fiscal year for payment of approved enforceable obligations, reduced by the administrative cost allowance and repayments or certain loans owing to the City of Palm Desert (the “City Loans”) during the preceding fiscal year; provided that it shall not exceed 50 percent of the RPTTF moneys distributed to the Successor Agency in the preceding fiscal year. Page 106 January 13, 2022 - Staff Report RECOGNIZED OBLIGATION PAYMENT SCHEDULES AND ADMIN BUDGET 2022/2023 Page 3 of 3 W:\Staff Reports - Shared 2\Staff Reports 2022-0113\5 - Norma - 2022-0113\05 Res SA-RDA 088 FY 2022-23 ROPS and Admin Budget\01 Palm Desert - SA staff report for ROPS and Admin Budgets 22-23 1-13-22.docx LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW ASSISTANT CITY MANAGER N/A - RWG Robert Hargraeves City Attorney Janet M. Moore Janet M. Moore Director of Finance Janet M. Moore Janet M. Moore Director of Finance Andy Firestine Andy Firestine Assistant City Manager Todd Hileman, Executive Director: L. Todd Hileman ATTACHMENTS: Resolution No. SA-RDA_____ ROPS 2022/2023 Administrative Budgets 2022/2023 Page 107 W:\Staff Reports - Shared 2\Staff Reports 2022-0113\5 - Norma - 2022-0113\05 Res SA-RDA 088 FY 2022-23 ROPS and Admin Budget\02 Palm Desert SA - SA reso for ROPS and Admin Budgets 22-23 1-13-22.docx RESOLUTION NO. SA-RDA ___ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY APPROVING A RECOGNIZED OBLIGATION PAYMENT SCHEDULE AND ADMINISTRATIVE BUDGETS FOR THE FISCAL PERIOD FROM JULY 1, 2022 THROUGH JUNE 30, 2023, PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 AND TAKING CERTAIN RELATED ACTIONS RECITALS: A.Pursuant to Health and Safety Code (“HSC”) Section 34177(o), the Successor Agency to the Palm Desert Redevelopment Agency (the “Successor Agency”) must prepare a Recognized Obligation Payment Schedule listing the anticipated payments for enforceable obligations to be made by the Successor Agency during the fiscal period from July 1, 2022 through June 30, 2023 (“ROPS 22-23”) and submit ROPS 2022/23 to the oversight board of the Successor Agency for approval. B.Pursuant to HSC Section 34179(j), commencing on and after July 1, 2018, the Riverside Countywide Oversight Board (the “Oversight Board”) has jurisdiction over the Successor Agency. C.Pursuant to HSC 34177(l)(2)(B), at the same time that the Successor Agency submits ROPS 22-23 to the Oversight Board for approval, the Successor Agency must submit a copy of such ROPS 22-23 to the State Department of Finance (the “DOF”), the County administrative officer, and the County Auditor-Controller. D.Pursuant to HSC Section 34177(j), the Successor Agency must prepare a proposed administrative budget for each six-month fiscal period (commencing each January 1 and July 1) and submit each proposed administrative budget to the Oversight Board for approval. E.Each proposed administrative budget shall include all of the following: (1) estimated amounts for Successor Agency administrative costs for the upcoming six- month fiscal period; (2) proposed sources of payment for the costs identified in (1); and (3) proposals for arrangements for administrative and operations services provided by the City of Palm Desert or another entity. F.Pursuant to HSC Section 34177(l)(2)(C) and Section 34177(o)(1), the Successor Agency must: (i) submit the Oversight Board-approved ROPS 22-23 to the DOF, the Office of the State Controller, and the County Auditor-Controller no later than February 1, 2022, and (ii) post a copy of the Oversight Board-approved ROPS 22-23 on the Successor Agency’s website. Page 108 Resolution No. SARDA-___ W:\Staff Reports - Shared 2\Staff Reports 2022-0113\5 - Norma - 2022-0113\05 Res SA-RDA 088 FY 2022-23 ROPS and Admin Budget\02 Palm Desert SA - SA reso for ROPS and Admin Budgets 22-23 1-13-22.docx NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY (THE “BOARD”), HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS: Section 1. The above recitals are true and correct and are a substantive part of this Resolution. Section 2. ROPS 22-23, substantially in the form attached hereto as Exhibit A, is hereby approved. Section 3. Each of Administrative Budget 22-23A (covering the period from July 1, 2022 through December 30, 2022) and Administrative Budget 22-23B (covering the period from January 1, 2023 through June 30, 2023) (together, “Administrative Budgets 22-23”), substantially in the form attached hereto as Exhibit B, is hereby approved. Section 4. The Executive Director of the Successor Agency, in consultation with the Successor Agency’s legal counsel, may modify ROPS 22-23 and/or the Administrative Budgets 22-23 as the Executive Director or the Successor Agency’s legal counsel deems necessary or advisable. Section 5. Staff is hereby authorized and directed to submit a copy of ROPS 22-23 to the Oversight Board for approval and, at the same time, transmit a copy of ROPS 22-23 to the DOF, the County Auditor-Controller and the County administrative officer as designated by the County. Section 6. Staff is hereby authorized and directed to also submit the proposed Administrative Budgets to the Oversight Board for approval. Section 7. Staff is hereby authorized and directed to submit a copy of Oversight Board-approved ROPS 22-23 to the DOF, the Office of the State Controller, and the County Auditor-Controller. If the Oversight Board has not approved ROPS 22-23 by February 1, 2022, Staff is hereby authorized and directed to transmit ROPS 22-23 to the DOF, the Office of the State Controller, and the County Auditor-Controller by February 1, 2022, with a written notification regarding the status of the Oversight Board’s review. Written notice and information regarding the action of the Oversight Board shall be provided to the DOF by electronic means and in a manner of DOF’s choosing. Section 8. This Board hereby represents and warrants to the Oversight Board that it examined all of the items on the ROPS 22-23 and finds that each of them is necessary for the continued maintenance and preservation of property owned by the Successor Agency until disposition in accordance with the Dissolution Act, the continued administration of the ongoing enforceable obligations, or the expeditious wind-down of the affairs of the former Palm Desert Redevelopment Agency by the Successor Agency. Section 9. Staff is hereby authorized and directed to post a copy of the Oversight Board-approved ROPS 22-23 on the Successor Agency’s Internet website (being a page on the Internet website of the City of Palm Desert). Page 109 Resolution No. SARDA-___ W:\Staff Reports - Shared 2\Staff Reports 2022-0113\5 - Norma - 2022-0113\05 Res SA-RDA 088 FY 2022-23 ROPS and Admin Budget\02 Palm Desert SA - SA reso for ROPS and Admin Budgets 22-23 1-13-22.docx Section 10. The officers and the other Staff members of the Successor Agency are hereby authorized and directed, jointly and severally, to do any and all things which they may deem necessary or advisable to effectuate this Resolution, including but not limited to requesting additional review by the DOF and an opportunity to meet and confer on any disputed items, and making adjustments to ROPS 22-23 and/or Administrative Budgets 22-23 pursuant to the DOF’s instructions, and any such actions previously taken are hereby ratified and confirmed. PASSED, APPROVED AND ADOPTED this 13th day of January, 2022. AYES: NOES: ABSENT: ABSTAIN: _________________________________ JAN C. HARNIK, CHAIR ATTEST: ________________________________ SECRETARY SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY Page 110 W:\Staff Reports - Shared 2\Staff Reports 2022-0113\5 - Norma - 2022-0113\05 Res SA-RDA 088 FY 2022-23 ROPS and Admin Budget\02 Palm Desert SA - SA reso for ROPS and Admin Budgets 22-23 1-13-22.docx EXHIBIT A SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY RECOGNIZED OBLIGATION PAYMENT SCHEDULE (July 1, 2022 – June 30, 2023) Page 111 Resolution No. SARDA-___ W:\Staff Reports - Shared 2\Staff Reports 2022-0113\5 - Norma - 2022-0113\05 Res SA-RDA 088 FY 2022-23 ROPS and Admin Budget\02 Palm Desert SA - SA reso for ROPS and Admin Budgets 22-23 1-13-22.docx EXHIBIT B SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY ADMINISTRATIVE BUDGETS (July 1, 2022 – December 31, 2022); and (January 1, 2023 - June 30, 2023) Page 112 Recognized Obligation Payment Schedule (ROPS 22-23) - Summary Filed for the July 1, 2022 through June 30, 2023 Period Successor Agency: Palm Desert County: Riverside Current Period Requested Funding for Enforceable Obligations (ROPS Detail) 22-23A Total (July - December) 22-23B Total (January - June) ROPS 22-23 Total A Enforceable Obligations Funded as Follows (B+C+D) $ 67,500 $ 61,071 $ 128,571 B Bond Proceeds - - - C Reserve Balance - - - D Other Funds 67,500 61,071 128,571 E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $ 13,598,334 $ 14,176,013 $ 27,774,347 F RPTTF 13,208,311 13,784,593 26,992,904 G Administrative RPTTF 390,023 391,420 781,443 H Current Period Enforceable Obligations (A+E) $ 13,665,834 $ 14,237,084 $ 27,902,918 Certification of Oversight Board Chairman: Name Title Pursuant to Section 34177 (o) of the Health and Safety code, I hereby certify that the above is a true and accurate Recognized Obligation Payment Schedule for the above named successor agency. /s/ Signature Date Page 113 Palm Desert Recognized Obligation Payment Schedule (ROPS 22-23) - ROPS Detail July 1, 2022 through June 30, 2023 A B C D E F G H I J K L M N O P Q R S T U V W Item # Project Name Obligation Type Agreement Execution Date Agreement Termination Date Payee Description Project Area Total Outstanding Obligation Retired ROPS 22-23 Total ROPS 22-23A (Jul - Dec) 22-23A Total ROPS 22-23B (Jan - Jun) 22-23B Total Fund Sources Fund Sources Bond Proceeds Reserve Balance Other Funds RPTTF Admin RPTTF Bond Proceeds Reserve Balance Other Funds RPTTF Admin RPTTF $241,957,999 $27,902,918 $- $- $67,500 $13,208,311 $390,023 $13,665,834 $- $- $61,071 $13,784,593 $391,420 $14,237,084 9 Indian Springs Stipulated Agreement Litigation 02/27/ 2009 02/27/2039 Indian Springs Mobilehome Park Judgement related to ISMHP 1 7,234,765 N $139,674 - - - 69,837 - $69,837 - - - 69,837 - $69,837 32 Stipulated Judgement Case No. 51124 Litigation 11/20/ 1991 11/25/2032 Various Duties required under said court order. Desert Rose, Etc. PDHA subsidy for 1,100 Afford Units 1 - N $- - - - - - $- - - - - - $- 43 Agency Owned Properties Property Maintenance 07/01/ 2013 06/30/2023 Utilities, Maint Services, HOA Dues, Etc. Agency owned properties monthly carrying costs prior to disposition. 1 450,000 N $135,000 - - 67,500 - - $67,500 - - 61,071 6,429 - $67,500 44 Additional Disclosures on TAB's Fees 07/01/ 2013 06/30/2042 Willdan Additional disclosures that will be required to report changes in the allocation of tax increment and the payment on tax allocation bonds due to AB 26. These disclosures would not have been necessary without this legislative change. 1 30,000 N $1,500 - - - 750 - $750 - - - 750 - $750 Page 114 A B C D E F G H I J K L M N O P Q R S T U V W Item # Project Name Obligation Type Agreement Execution Date Agreement Termination Date Payee Description Project Area Total Outstanding Obligation Retired ROPS 22-23 Total ROPS 22-23A (Jul - Dec) 22-23A Total ROPS 22-23B (Jan - Jun) 22-23B Total Fund Sources Fund Sources Bond Proceeds Reserve Balance Other Funds RPTTF Admin RPTTF Bond Proceeds Reserve Balance Other Funds RPTTF Admin RPTTF 56 2003 Tax Allocation Bond Issue - $15,745,000 Bonds Issued On or Before 12/ 31/10 03/12/ 2003 08/01/2033 US Bank Semi-Annual Debt Service Payment 2 20,977,794 N $1,644,007 - - - 384,503 - $384,503 - - - 1,259,504 - $1,259,504 59 North Sphere Hotel land City/County Loan (Prior 06/28/11), Cash exchange 03/23/ 1995 07/15/2038 City of Palm Desert Balance due Property Acquisition 2 - N $- - - - - - $- - - - - - $- 60 North Sphere Property Acquisition City/County Loan (Prior 06/28/11), Cash exchange 03/13/ 1997 07/15/2038 City of Palm Desert Loan for Property Acquisition 2 - N $- - - - - - $- - - - - - $- 61 City Loan for formation of Project Area No. 2- 1986 City/County Loan (Prior 06/28/11), Cash exchange 12/05/ 1986 07/15/2038 City of Palm Desert Formation of PA/Prop Acquisition 2 - N $- - - - - - $- - - - - - $- 86 Stipulated Judgement Case No. 51124 Litigation 11/20/ 1991 07/15/2038 Various Duties required under said court order. Vineyards, Emerald Brook (Palm Desert 103) PDHA subsidy for 1,100 Afford Units 2 - N $- - - - - - $- - - - - - $- 119 Stipulated Judgement Case No. 51124 Litigation 11/20/ 1991 07/15/2038 Various Duties required under said court order. Falcon Crest Afford Housing Dev - Homeowners at lots 1 through 93, et al. PDHA Subsidy for 1,100 Affordable Units 3 - N $- - - - - - $- - - - - - $- 160 Stipulated Litigation 11/20/07/15/2038 Various Duties 4 - N $- - - - - - $- - - - - - $- Page 115 A B C D E F G H I J K L M N O P Q R S T U V W Item # Project Name Obligation Type Agreement Execution Date Agreement Termination Date Payee Description Project Area Total Outstanding Obligation Retired ROPS 22-23 Total ROPS 22-23A (Jul - Dec) 22-23A Total ROPS 22-23B (Jan - Jun) 22-23B Total Fund Sources Fund Sources Bond Proceeds Reserve Balance Other Funds RPTTF Admin RPTTF Bond Proceeds Reserve Balance Other Funds RPTTF Admin RPTTF Judgement Case No. 51124 1991 required under said court order. PDHA subsidy for 1,100 Affordable Units 177 North Sphere Property Acquisition City/County Loan (Prior 06/28/11), Cash exchange 03/23/ 1995 07/15/2032 City of Palm Desert Balance due Property Acquisition (Eligible upon receipt of FOC) 1 - N $- - - - - - $- - - - - - $- 178 North Sphere Property Acquisition City/County Loan (Prior 06/28/11), Cash exchange 08/16/ 1999 07/15/2032 City of Palm Desert Balance due Property Acquisition (Eligible upon receipt of FOC) 1 - N $- - - - - - $- - - - - - $- 179 North Sphere Property Acquisition City/County Loan (Prior 06/28/11), Cash exchange 08/16/ 1999 07/15/2038 City of Palm Desert Balance due Property Acquisition (Eligible upon receipt of FOC) 2 - N $- - - - - - $- - - - - - $- 189 Project Area Administration Admin Costs 11/25/ 1981 07/19/2044 Various Allowable Costs per Admin Plan- staff, utilities, professional services, etc. 1-4 8,033,143 N $781,443 - - - - 390,023 $390,023 - - - - 391,420 $391,420 190 Costs Associated with Disposition of Assets Property Dispositions 07/01/ 2013 06/30/2023 City of Palm Desert Remediation of Health and Safety Issues and costs related to sale of properties owned by former RDA 1-4 350,000 N $25,000 - - - 12,500 - $12,500 - - - 12,500 - $12,500 192 2017 NHA Tax Allocation Refunding Bond Issue - $52,390,000 Bonds Issued After 12/31/10 01/23/ 2017 10/01/2033 US Bank Semi-Annual Debt Service Payment 1-4 48,727,000 N $3,855,125 - - - 2,587,500 - $2,587,500 - - - 1,267,625 - $1,267,625 193 2017 NHB Tax Allocation Bonds Issued After 01/23/ 2017 10/01/2041 US Bank Semi-Annual Debt Service 1-4 136,868,044 N $14,266,844 - - - 6,630,581 - $6,630,581 - - - 7,636,263 - $7,636,263 Page 116 A B C D E F G H I J K L M N O P Q R S T U V W Item # Project Name Obligation Type Agreement Execution Date Agreement Termination Date Payee Description Project Area Total Outstanding Obligation Retired ROPS 22-23 Total ROPS 22-23A (Jul - Dec) 22-23A Total ROPS 22-23B (Jan - Jun) 22-23B Total Fund Sources Fund Sources Bond Proceeds Reserve Balance Other Funds RPTTF Admin RPTTF Bond Proceeds Reserve Balance Other Funds RPTTF Admin RPTTF Refunding Bond Issue - $140,130,000 12/31/10 Payment 194 2017 HA Tax Allocation Refunding Bond Issue - $7,365,000 Bonds Issued After 12/31/10 01/23/ 2017 10/01/2031 US Bank Semi-Annual Debt Service Payment HA 6,715,772 N $680,769 - - - 339,509 - $339,509 - - - 341,260 - $341,260 195 2017 HB Tax Allocation Refunding Bond Issue - $45,815,000 Bonds Issued After 12/31/10 01/23/ 2017 10/01/2023 US Bank Semi-Annual Debt Service Payment HA 12,571,481 N $6,373,556 - - - 3,183,131 - $3,183,131 - - - 3,190,425 - $3,190,425 Page 117 Palm Desert Recognized Obligation Payment Schedule (ROPS 22-23) - Report of Cash Balances July 1, 2019 through June 30, 2020 (Report Amounts in Whole Dollars) Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation. A B C D E F G H ROPS 19-20 Cash Balances (07/01/19 - 06/30/20) Fund Sources Comments Bond Proceeds Reserve Balance Other Funds RPTTF Bonds issued on or before 12/31/10 Bonds issued on or after 01/01/11 Prior ROPS RPTTF and Reserve Balances retained for future period(s) Rent, grants, interest, etc. Non-Admin and Admin 1 Beginning Available Cash Balance (Actual 07/01/19) RPTTF amount should exclude "A" period distribution amount. 761,000 1,635,817 133,947 Prior Year Cash Balance (G5) 2 Revenue/Income (Actual 06/30/20) RPTTF amount should tie to the ROPS 19-20 total distribution from the County Auditor-Controller 56,832 185,967 34,787,880 Includes PMP Sales, Interest Earning, Lit Deposit and RPTTF Deposit 3 Expenditures for ROPS 19-20 Enforceable Obligations (Actual 06/30/20) 93,000 916,970 34,700,298 Includes PMP Sales Proceeds to CAC, reduction to energy investment, permitted amounts from other on 18/19 ROPS, ROPS 4 Retention of Available Cash Balance (Actual 06/30/20) RPTTF amount retained should only include the amounts distributed as reserve for future period(s) 724,832 863,825 133,947 DDR/Other Restricted Cash: Energy Investment ($668,000)/Litigation Deposit ($56,832)/Amt Distributed from Balance in 20/ 21 ($731,007)/Amt Distributed from Balance in 21/22 ($266,765) 5 ROPS 19-20 RPTTF Prior Period Adjustment RPTTF amount should tie to the Agency's ROPS 19-20 PPA form submitted to the CAC No entry required Page 118 Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation. A B C D E F G H ROPS 19-20 Cash Balances (07/01/19 - 06/30/20) Fund Sources Comments Bond Proceeds Reserve Balance Other Funds RPTTF Bonds issued on or before 12/31/10 Bonds issued on or after 01/01/11 Prior ROPS RPTTF and Reserve Balances retained for future period(s) Rent, grants, interest, etc. Non-Admin and Admin 6 Ending Actual Available Cash Balance (06/30/20) C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5) $- $- $- $40,989 $87,582 Matches PPA Page 119 Palm Desert Recognized Obligation Payment Schedule (ROPS 22-23) - Notes July 1, 2022 through June 30, 2023 Item # Notes/Comments 9 32 43 44 56 59 60 61 86 119 160 177 178 179 189 190 192 193 194 195 Page 120 Exhibit "B" BASED ON PY RPTTF DEPOSIT ROPS 22-23A ROPS 22-23B Jul 1 - Dec 31, 2022 Jan 1 - June 30, 2023 Administrative Cost Allowance 392,620 399,849 ROPS 22-23A Budget ROPS 22-23B Budget Source of ADMINISTRATIVE COSTS Jul 1 - Dec 31, 2022 Jan 1 - June 30, 2023 Payment Auditing Service 8,500 5,000 A Bank Fees 7,500 20,000 A Consulting Services 5,000 5,000 A Legal Services 50,000 50,000 A Personnel Expenditures1 321,620 2 319,849 2 A, B Total Administrative Costs 392,620 399,849 A - Administrative Allowance, B - City General Fund 1 Includes salaries, training, travel, meetings, supplies, equipment, etc. Successor Agency to the Palm Desert Redevelopment Agency ROPS 2022-2023 2City staff time reimbursement costs in excess of SARDA allowable administrative costs (as adjusted per Department of Finance) will be borne by the City's General Fund. 12/22/2021 11:19 AM Proposed Administrative Budgets A&B - June 30, 2023 12.22.21.xlsx Page 121 [This page has intentionally been left blank.] Page 122 STAFF REPORT SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF PALM DESERT ECONOMIC DEVELOPMENT MEETING DATE: January 13, 2022 PREPARED BY: Eric Ceja, Deputy Director of Development Services REQUEST: Adopt Resolution No. SA-RDA _____, approving a Purchase and Sale Agreement between the Successor Agency to the Palm Desert Redevelopment Agency and Refuge Palm Desert, LLC. for an approximately 93-acre site west of Portola Avenue and south of Gerald Ford Drive. _____________________________________________________________________ Recommendation By Minute Motion, that the Successor Agency Board: 1.Waive further reading, and adopt Resolution No. SA-RDA _____, approving a Purchase and Sale Agreement (PSA) between the Successor Agency to the Pam Desert Redevelopment Agency (SARDA) and Refuge Palm Desert, LLC. (Developer), for an approximately 93- acre site, west of Portola Avenue and south of Gerald Ford Drive, with a purchase price of $5,595,105 (Fair Market Value) (APNs 694-310-002, 003, and a portion of 006). Executive Summary In its Closed Session meeting on January 13, 2022, the SARDA Board authorized staff to execute a PSA between the SARDA and Refuge Palm Desert, LLC. to sell the three parcels referenced above pending approval of the attached resolution and approval by the Riverside County Oversight Board (OB). The sale of the property is for fair market value ($5,595,105). As part of the approval process for presentation to the Riverside County Oversight Board in March 2022, a resolution by the SARDA Board must also accompany the approval of the PSA. Staff recommends waiving further reading and that the SARDA Board adopt the attached resolution. Background The Developer proposes to construct between 400-700 residential units with open space and roadway improvements (see attached site plan). The Developer, as part of the PSA and conditions before the close of escrow, must receive approval by the City of all project entitlements, a final track map, and be permit ready for its first phase of construction. Page 123 January 13, 2022 – Refuge PD, LLC. PSA Resolution Staff Report Refuge Palm Desert, LLC - PSA Page 2 of 2 Discussion Attached for consideration is a SARDA Board resolution required by the Riverside County Oversight Board pursuant to the Policies and Procedures Manual of the OB. This will allow staff to complete the documentation required to receive approval in March of 2022, at the OB meeting in order to execute the PSA. If the OB approves the action at that meeting, no further approvals are required since the land transfer comports to the approved SARDA Long Range Property Management Plan. Fiscal Analysis The property is listed on the LRPMP and requires disposition by the SARDA. The site totals approximately 93-acres will yield $5,595,105 in sale proceeds. Consistent with the approved SARDA Long Range Property Management Plan, the proceeds will be distributed by the County to the applicable taxing entities. The City of Palm Desert, as a taxing entity, is eligible to receive approximately three percent (3%) of the sales proceeds of $167,853.15. LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW ASSISTANT CITY MANAGER RH Robert W. Hargreaves City Attorney Martin Alvarez Martin Alvarez, Dir. of Development Services Janet M. Moore Janet M. Moore Director of Finance Andy Firestine Andy Firestine Assistant City Manager City Manager, Todd L. Hileman: L. Todd Hileman Attached: 1. Resolution-SA-RDA No. _____ 2. Site Map/Conceptual Site Plan Page 124 -1- RESOLUTION NO. SA-RDA______ A RESOLUTION OF THE BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY APPROVING A PURCHASE OPTION AGREEMENT FOR AN APPROXIMATELY 93-ACRE SITE (APNS694-310-002, 003, AND A PORTION OF 006) (THE “SITE), LOCATED WEST OF PORTOLA AVENUE AND SOUTH OF GERALD FORD DRIVE PURSUANT TO THE LONG RANGE PROPERTY MANAGEMENT PLAN AND TAKING RELATED ACTIONS RECITALS: A. Pursuant to AB X1 26 (enacted in June 2011) and the California Supreme Court's decision in California Redevelopment Association, et al. v. Ana Matosantos, et al., 53 Cal. 4th 231 (2011), the former Palm Desert Redevelopment Agency (the “Former Agency”) was dissolved as of February 1, 2012, the Successor Agency to the Palm Desert Redevelopment Agency (the “Successor Agency”), as the successor entity to the Former Agency, was constituted, and a board of the Successor Agency (the “Board”) was established. B. AB X1 26 added Part 1.8 (commencing with Section 34161) and Part 1.85 (commencing with Section 34170) to Division 24 of the California Health and Safety Code (“HSC”) (such Parts 1.8 and 1.85, including amendments and supplements enacted after AB X1 26, being referred to herein as the “Dissolution Act”). C. Pursuant to the Dissolution Act, the Successor Agency is tasked with winding down the affairs of the Former Agency. D. Pursuant to HSC Section 34175(b), all real properties of the Former Agency transferred to the control of the Successor Agency by operation of law. E. On May 5, 2014, the Oversight Board adopted Resolution No. OB-073, approving a Long-Range Property Management Plan (the “Original LRPMP”) which addresses the disposition of the real properties owned by the Successor Agency. F. On June 2, 2014, the State Department of Finance (the “DOF”) approved the Original LRPMP. G. On September 21, 2015, the Oversight Board approved an amendment to Original LRPMP (the “LRPMP Amendment”), H. On December 9, 2015, the DOF approved the LRPMP, as amended by the LRPMP Amendment (the “LRPMP”). Page 125 -2- I. Pursuant to HSC Section 34191.3, the DOF-approved LRPMP shall govern, and supersede all other provisions of the Dissolution Act relating to the disposition and use of the real property assets of the Former Agency. J. In December 2020, the Successor Agency received a proposal for the site, totaling 93-acres with APNS 694-310-002, 003, and 006. K. The proposal received was in the amount of $5,595,105 received from Refuge Palm Desert, LLC. L. On December 8, 2020, the Successor Agency entered into an exclusive right to negotiate an agreement with Refuge Palm Desert, LLC. M. A current appraisal of the property was ordered from Newmark Knight and Frank dated February 25, 2021. The report places the current appraised value of the property at $5,595,105. N. The Board is adopting this Resolution to approve the Real Estate Option and Purchase and Sale Agreement and Escrow Instructions (the “Purchase and Sale Agreement”) for the sale of an approximately 93 acres located west of Portola Avenue and south of Gerald Ford Drive, and pursuant to the LRPMP, on file with the Successor Agency. NOW, THEREFORE, THE BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The above recitals, and each of them, are true and correct. Section 2. The Board hereby directs the Interim Executive Director to execute a Purchase and Sale Agreement with Refuge Palm Desert, LLC for an approximately 93- acre site located west of Portola Avenue and south of Gerald Ford Drive, which Purchase and Sale Agreement shall only be entered into by the Successor Agency after approval of the purchase and sale agreement by the Consolidated Countywide Oversight Board to the Successor Agency and the approval, by the Department of Finance, if required, subject to minor confirming and clarifying changes approved by the Executive Director and Agency Legal Counsel. Page 126 -3- Section 3. The members of this Board and the staff of the Successor Agency are hereby authorized, jointly and severally, to do all things which they may deem necessary or proper to effectuate the purposes of this Resolution and the disposal of the subject property. APPROVED and ADOPTED this _____ day of _________________ 2022. AYES: NOES: ABSENT: ABSTAIN: JAN C. HARNIK, CHAIR ATTEST: , SECRETARY PALM DESERT SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY Page 127 Page 128 STAFF REPORT SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF PALM DESERT ECONOMIC DEVELOPMENT MEETING DATE: January 13, 2022 PREPARED BY: Martin Alvarez, Director of Development Services REQUEST: Adopt Resolution No. SA-RDA _____, approving a Purchase and Sale Agreement between the Successor Agency to the Palm Desert Redevelopment Agency and Family Development Group, Inc. for an 18.73-acre site known as Desert Willow Lot Pad C. _____________________________________________________________________ Recommendation By Minute Motion, that the Successor Agency Board: 1.Waive further reading, and adopt Resolution No. SA-RDA _____, approving a Purchase and Sale Agreement (PSA) between the Successor Agency to the Pam Desert Redevelopment Agency (SARDA) and Family Development Group, Inc. (Developer), for an 18.73-acre site, known as Desert Willow Lot Pad C, with a purchase price of $5,165,000 (Fair Market Value), located on Desert Willow Drive, northwest of Market Place (APNs 620-450-012, 013, 014). Executive Summary In its Closed Session meeting on January 13, 2022, the SARDA Board authorized staff to execute a PSA between the SARDA and Family Development Group, Inc. to sell the three parcels referenced above pending approval of the attached resolution and approval by the Riverside County Oversight Board (OB). The sale of the property is for fair market value ($5,165,000). As part of the approval process for presentation to the Riverside County Oversight Board in January 2021, a resolution by the SARDA Board must also accompany the approval of the PSA. Staff recommends waiving further reading and that the SARDA Board adopt the attached resolution. Background The Developer proposes to construct approximately a 133-unit residential project (see attached project scope). The Developer, as part of the PSA and conditions before the close of escrow, must receive approval by the City of all project entitlements, a final track map, and be permit ready for its first phase of construction. Page 129 January 13, 2022 – Family Dev. PSA Resolution Staff Report Family Development Group, Inc - PSA Page 2 of 2 Discussion Attached for consideration is a SARDA Board resolution required by the Riverside County Oversight Board pursuant to the Policies and Procedures Manual of the OB. This will allow staff to complete the documentation required to receive approval in March of 2022, at the OB meeting in order to execute the PSA. If the OB approves the action at that meeting, no further approvals are required since the land transfer comports to the approved SARDA Long Range Property Management Plan. Fiscal Analysis The property is listed on the LRPMP and requires disposition by the SARDA. The site totals 18.73-acres will yield $5,165,000 in sale proceeds. Consistent with the approved SARDA Long Range Property Management Plan, the proceeds will be distributed by the County to the applicable taxing entities. The City of Palm Desert, as a taxing entity, is eligible to receive approximately three percent (3%) of the sales proceeds of $154,950. LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW ASSISTANT CITY MANAGER RH Robert W. Hargreaves City Attorney Martin Alvarez Martin Alvarez, Dir. of Development Services Janet M. Moore Janet M. Moore Director of Finance Andy Firestine Andy Firestine Assistant City Manager City Manager, Todd L. Hileman: L. Todd Hileman Attached: 1. Resolution-SA-RDA No. _____ 2. Site Map/Conceptual Site Plan Page 130 -1- RESOLUTION NO. SA-RDA______ A RESOLUTION OF THE BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY APPROVING A PURCHASE OPTION AGREEMENT FOR A 18.73-ACRE SITE (APNS-320- 450-012, 013, 014) (THE “SITE), LOCATED ON DESERT WILLOW DRIVE, NORTHWEST OF MARKET PLAC PURSUANT TO THE LONG RANGE PROPERTY MANAGEMENT PLAN AND TAKING RELATED ACTIONS RECITALS: A.Pursuant to AB X1 26 (enacted in June 2011) and the California Supreme Court's decision in California Redevelopment Association, et al. v. Ana Matosantos, et al., 53 Cal. 4th 231 (2011), the former Palm Desert Redevelopment Agency (the “Former Agency”) was dissolved as of February 1, 2012, the Successor Agency to the Palm Desert Redevelopment Agency (the “Successor Agency”), as the successor entity to the Former Agency, was constituted, and a board of the Successor Agency (the “Board”) was established. B.AB X1 26 added Part 1.8 (commencing with Section 34161) and Part 1.85 (commencing with Section 34170) to Division 24 of the California Health and Safety Code (“HSC”) (such Parts 1.8 and 1.85, including amendments and supplements enacted after AB X1 26, being referred to herein as the “Dissolution Act”). C.Pursuant to the Dissolution Act, the Successor Agency is tasked with winding down the affairs of the Former Agency. D.Pursuant to HSC Section 34175(b), all real properties of the Former Agency transferred to the control of the Successor Agency by operation of law. E.On May 5, 2014, the Oversight Board adopted Resolution No. OB-073, approving a Long-Range Property Management Plan (the “Original LRPMP”) which addresses the disposition of the real properties owned by the Successor Agency. F.On June 2, 2014, the State Department of Finance (the “DOF”) approved the Original LRPMP. G.On September 21, 2015, the Oversight Board approved an amendment to Original LRPMP (the “LRPMP Amendment”), H.On December 9, 2015, the DOF approved the LRPMP, as amended by the LRPMP Amendment (the “LRPMP”). Page 131 -2- I. Pursuant to HSC Section 34191.3, the DOF-approved LRPMP shall govern, and supersede all other provisions of the Dissolution Act relating to the disposition and use of the real property assets of the Former Agency. J. In November 2020, the Successor Agency received a proposal for the Desert Willow Lot Pad C site, totaling 18.73-acres with APNS- 320-450-012, 013, and 014. K. The proposal received was in the amount of $5,165,000 received from Family Development Group, Inc. L. On December 7, 2020, the Successor Agency entered into an exclusive right to negotiate an agreement with Family Development Group, Inc. M. A current appraisal of the property was ordered from Capital Realty Analysts dated September 21, 2021. The report places the current appraised value of the property at $5,165,000. N. The Board is adopting this Resolution to approve the Real Estate Option and Purchase and Sale Agreement and Escrow Instructions (the “Purchase and Sale Agreement”) for the sale of a 18.73 acres located on Desert Willow Drive, northwest of Market Place and pursuant to the LRPMP, on file with the Successor Agency. NOW, THEREFORE, THE BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The above recitals, and each of them, are true and correct. Section 2. The Board hereby directs the Interim Executive Director to execute a Purchase and Sale Agreement with Family Development Group, Inc. for a 18.73-acre site located on Desert Willow Drive, northwest of Market Place, which Purchase and Sale Agreement shall only be entered into by the Successor Agency after approval of the purchase and sale agreement by the Consolidated Countywide Oversight Board to the Successor Agency and the approval, by the Department of Finance, if required, subject to minor confirming and clarifying changes approved by the Interim Executive Director and Agency Legal Counsel. Page 132 -3- Section 3. The members of this Board and the staff of the Successor Agency are hereby authorized, jointly and severally, to do all things which they may deem necessary or proper to effectuate the purposes of this Resolution and the disposal of the subject property. APPROVED and ADOPTED this _____ day of _________________ 2022. AYES: NOES: ABSENT: ABSTAIN: , CHAIR ATTEST: , SECRETARY PALM DESERT SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY Page 133 Page 134 D E S E R T WIL L O W D R LOSTRIVERDRHE RMOSILLO LNLAS CRUCES LN DESERTSPRINGSDRDESERTWILLOW CT AUGUSTA DROAKMONTD R VISTA LAGO CIR NOAKMONTDR OAKMONT DRVERDE WAYVERDE WAY ACAPULCODRLA PAZDR PORTOLAAVEPORTOLAAVECOOKSTD E S E R T FA L L S D R MONTANA VISTA DR CELANOCIRCOOKST COUNTRY CLUB DR CASERTALNALPINE LN COLLEGE VIEWCIR W COLLEGE VIEWCIR E SHEPHERD LNDAISY LN L U CERNEDR COVINGTON DR TAYLOR AVEOVERLANDCT COUNTRY CLUB DR POTENZACIRTAYLOR AVE COVINGTON DR MERILL DR HILLCREST DRFRANK SINATRA DRFRANK SINATRA DR DESERTMIR AGE DR CREST L A K E D RCOOKSTCOOKST WILLOW RIDGE PORTOLAAVECUDYCIRM U N N CI R DESERTGREENSDREMUSTANGRIDGE DR PELE PL UNIVERSITY POINTE CT DESERTWILLOWDRWI LLOWRIDGEVIA T U S C A N Y RETREATCIRMARKET PL DESERT FALLS DRCOOKSTD E S E R T WIL L O W D R LOSTRIVERDRHE RMOSILLO LNLAS CRUCES LN DESERTSPRINGSDRDESERTWILLOW CT AUGUSTA DROAKMONTD R VISTA LAGO CIR NOAKMONTDR OAKMONT DRVERDE WAYVERDE WAY ACAPULCODRLA PAZDR PORTOLAAVEPORTOLAAVECOOKSTD E S E R T FA L L S D R MONTANA VISTA DR CELANOCIRCOOKST COUNTRY CLUB DR CASERTALNALPINE LN COLLEGE VIEWCIR W COLLEGE VIEWCIR E SHEPHERD LNDAISY LN L U CERNEDR COVINGTON DR TAYLOR AVEOVERLANDCT COUNTRY CLUB DR POTENZACIRTAYLOR AVE COVINGTON DR MERILL DR HILLCREST DRFRANK SINATRA DRFRANK SINATRA DR DESERTMIR AGE DR CREST L A K E D RCOOKSTCOOKST WILLOW RIDGE PORTOLAAVECUDYCIRM U N N CI R DESERTGREENSDREMUSTANGRIDGE DR PELE PL UNIVERSITY POINTE CT DESERTWILLOWDRWI LLOWRIDGEVIA T U S C A N Y RETREATCIRMARKET PL DESERT FALLS DRCOOKSTDate: 2020 SARDA Lot Pad C 18.73 Acres I VICINITY MAP C Page 135 [This page has intentionally been left blank.] Page 136 Form RS-2/2021 W:\Staff Reports - Shared 2\Staff Reports 2022-0113\5 - Norma - 2022-0113\08 Res 2022-01 Destruction of Records - Environmental Programs\Destruction of Records - Environmental Programs.doc Thursday, January 06, 2022 RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND AUTHORIZING THE DESTRUCTION OF RECORDS FROM THE DEPARTMENT OF DEVELOPMENT SERVICES, AS INDICATED ON THE RECORDS RETENTION SCHEDULE (ADOPTED OCTOBER 29, 2020). RECORDS FROM 1996 THROUGH 2019 (EXHIBIT A) WHEREAS, the Department of Development Services of the City of Palm Desert, California, has records that have met or exceeded the retention period caused by the official files, records, exhibits, and other documents of said office pursuant to the Retention Schedule set forth on City Council Resolution No. 2020-76; and WHEREAS, said files are not the subject of any claim, litigation, investigation, or audit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: Section 1. That the above recitations are true and correct and constitute the findings of the City Council in this matter. Section 2. That it does hereby approve the destruction of all documents and records from files as set forth in Exhibit “A,” attached hereto, which have met or exceeded their retention period. Section 3. That non-permanent paper files and floppy discs dated 1996 to 2019 containing solid waste and recycling grants, general files, disposal tracking reports, compliance reports, and correspondence listed in Exhibit A that are not digitally imaged and have met or exceeded their retention period. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert City Council held on this 13th day of January, 2022, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: __________________________ JAN C. HARNIK, MAYOR ATTEST: ________________________________ CITY CLERK CITY OF PALM DESERT, CALIFORNIA Page 137 RESOLUTION NO. 2022- January 6, 2022 Page 2 of 3 EXHIBIT A DESTRUCTION OF FILES FROM THE DEPARTMENT OF DEVELOPMENT SERVICES DOCUMENTS HAVE MET OR EXCEEDED ITS RETENTION PERIOD RETENTION NO. DESCRIPTION PW-062 Form 303 Reports (2007-2010) PW-062 Annual Diversion Reports (1999-2007) PW-062 Electronic Annual Reports (2006-2010) PW-061 CESQ Diversion Tracking (2010-2012) PW-061 CV Compost Diversion Tracking (2013-2016) PW-061 California Bio-Mass Diversion Tracking (2013) PW-063 Burrtec Disposal Tracking Issues (2007-2009) PW-061 Desert Arc Disposal Tracking (2013-2015) PW-061 Prescription Medication Disposal Tracking (2015) PW-061 Granite Construction Disposal Tracking (2013-2016) PW-061 Los Angeles Disposal Tracking (2013-2016) PW-061 San Bernardino County Disposal Tracking (2013) PW-061 San Diego County Disposal Tracking (2013-2015) PW-061 Ventura County Disposal Tracking (2015-2018) PW-061 Kern County Disposal Tracking (2013-2015) PW-061 Household Hazard Waste Events (2016) PW-061 Tire Amnesty Day (2008-2017) PW-061 Desert Recycling Disposal Tracking (2014-2015) PW-061 SA Recycling Disposal Tracking (2013-2015) PW-061 Riverside County Disposal Tracking (2013-2015) PW-063 Burrtec Monthly Reports (2006-2009) PW-063 Waste Management Reports (2003-2006) PW-061 Used Oil Events (2009-2017) PW-061 Burrtec Miscellaneous Service Information (2007-2015) PW-061 Huls Environmental Recycling Study Proposal (2005) PW-060 Multifamily Beverage Recycling Grant (2008-2014) PW-061 Westfield Bus Shelter (2002-2008) Page 138 RESOLUTION NO. 2022- January 6, 2022 Page 3 of 3 PW-061 Bus Shelter RFP (2012) PW-060 Used Oil Payment Program (1997-2015) PW-060 Sharps Container Grant (2011-2012) PW-060 Coca-Cola Bin Grant (2013) PW-060 Tire Grants (2013-2014) PW-060 Illegal Disposal Abatement Grant (2013-2014) PW-060 Department of Conservation Grants (2001-2006) PW-060 HHW Discretionary Grant (2002-2015) PW-060 CalRecycle City/County Funds (2011-2015) PW-061 CalRecycle Correspondence (2014-2018) PW-061 Solid Waste Tax Roll Billing (2011) PW-063 Burrtec Reports (2007-2010) PW-061 Residential Waste Survey (2005) PW-061 Commercial Waste Audit (2005) PW-061 Waste Study Proposal (2005) PW-061 Waste Rates Report (2010) PW-061 Recycling Education Program (2005-2006) PW-061 Evergreen Recycling Solutions (2010-2011) PW-061 Burrtec Contract Negotiations (2015) PW-061 Recycle Binney (2005-2007) PW-061 Burrtec Audit Information (2008) PW-061 Miscellaneous Special Programs Correspondence (2015-2017) PW-061 Miscellaneous Waste & Recycling Documents & Correspondence (1996-2005) PW-063 Waste Management Recycle Reports (2003-2006) PW-061 Household Hazardous Waste Documents (2008-2019) Page 139 [This page has intentionally been left blank.] Page 140 STAFF REPORT CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT MEETING DATE: January 13, 2022 PREPARED BY: Andrew Firestine, Assistant City Manager REQUEST: Approval of a Second Amendment to the Agreement for Law Enforcement Services between the City of Palm Desert and the County of Riverside (Contract No. C38780). _________________________________________________________________________ Recommendation By minute motion, approve the second amendment to the agreement for law enforcement services between the City of Palm Desert and the County of Riverside (Contract No. C38780). Commission Action This item will be presented to the Public Safety Commission on January 11, 2022. Background Analysis On August 27, 2020, the City Council approved the first amendment to its law enforcement services contract, an amendment that modified the level of service in the contract consistent with decisions made during the development and adoption of the City’s FY 20/21 budget. The modifications made to the contract included: •Reducing patrol hours from 171.4 daily hours to 144 daily hours •Suspending the Administrative Sergeant position •Suspending two Motor Team officers •Suspending the K-9 officer position •Suspending one Business District Team position •Suspending one School Resource Officer position •Recruiting three additional Community Services Officer II positions The changes resulted in roughly $3.5 million in savings to the FY 20/21 budget if the modifications had not been made. Following continued discussions with the Riverside County Sheriff’s Department, staff recommends restoring the funding for a dedicated deputy sheriff position to the Business District Team. The Business District and Special Enforcement Teams are responsible for a significant number of criminal investigations that affect the community and all enforcement programs within the City’s business district. Additionally, BDT/SET conducts Page 141 January 13, 2022 - Staff Report Approval of Second Amendment to the Law Enforcement Services Contract Page 2 of 3 supplemental patrol in the area in response to crime trends and community needs. Their responsibilities include, but are not limited to the following: • Conduct criminal investigations of organized retail crime, commercial burglary, point of sale fraud, and business operating as fronts for criminal activity. • Manage daily operations relating to the Homeless/Transient Outreach program. • Manage the Palm Desert Police Business Alert Network System (BANS) and the Nextdoor.com social media program for the El Paseo Shopping District and Highway 111 corridor. • Manage the Palm Desert Police Commercial Trespassing Program throughout the City of Palm Desert, including; business enrollment in the program, data and records management, and criminal enforcement (currently 100 properties work with BDT). • Conduct special enforcement programs and undercover investigations throughout the City of Palm Desert concerning prostitution, sales of tobacco and alcohol to minors; and massage parlor compliance. • Manage and conduct the City’s annual Holiday Theft Suppression Program. • Provide support to the City’s Code Compliance Office during municipal code enforcement actions and quality of life programs. • Conduct bicycle, marked/unmarked units, plain unit, and foot patrol duties. • Work a flex schedule that allows for adjustment of schedules based on crime trend analysis, peak shopping times, and/or high-profile events. • Assist with the City of Palm Desert with the planning and operation of police support for significant City events. The calls for service within Beat 30 are indicative of the current workload for the Business District Team: CALLS FOR SERVICE 2017 2018 2019 2020 2021* Trespassing 246 252 231 396 394 Suspicious Persons 206 202 215 243 221 Vandalism 92 81 75 114 92 Petty Theft 408 384 333 220 277 *Through December 14, 2021 Page 142 January 13, 2022 - Staff Report Approval of Second Amendment to the Law Enforcement Services Contract Page 3 of 3 Without additional staffing support, law enforcement indicates that they are unable to effectively address their responsibilities under the Business District Team, including transient related calls for service. Fiscal Analysis The cost of one deputy sheriff to the BDT is approximately $381,000 annually. No additional appropriation for FY 21/22 is needed and the position will be budgeted as part of the FY 22/23 budget. LEGAL REVIEW Approved as to Form DEPT. REVIEW FINANCIAL REVIEW ASSISTANT CITY MANAGER RH Robert W. Hargreaves City Attorney Andy Firestine Assistant City Manager Janet M. Moore Janet M. Moore Director of Finance Andy Firestine Andy Firestine Assistant City Manager City Manager, L. Todd Hileman: L. Todd Hileman ATTACHMENTS: Proposed Second Amendment to Contract No. 38780 Contract No. 38780 Police Beat Map Page 143 Page 144 Page 145 Page 146 Page 147 Page 148 Page 149 Page 150 Page 151 Page 152 Page 153 Page 154 Page 155 Page 156 Page 157 Page 158 Page 159 Page 160 Page 161 Page 162 AÌ AÌ A¦ §¨¦01 §¨¦01 §¨¦01 AÌ A¦ 34 36 30 32 FRED WARING DR COUNTRY CLUB DR FRANK SINATRA DR COOK STPORTOLA AVEMONTEREY AVEHOVLEY LN E ELDORADO DRSTATE HWY 74HAYSTACK RD MESA VIEW DR STATE HWY 111 GERALD FO RD DR DINAH S HORE DR HOVLEY LN W WASHINGTON STINTERSTATE 10 EL PASEO 38 City of Palm Desert Police Department Beats Beat Name Beat 30 - Business Beat 32 - South Palm Desert Beat 34 - North East Palm Desert Beat 36 - North West Palm Desert Beat 38 - North Palm Desert ¹ 0 1 20.5 Miles Page 163 [This page has intentionally been left blank.] Page 164 STAFF REPORT CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT MEETING DATE: January 13, 2022 PREPARED BY: Randy Bowman, Deputy Director of Public Works Rosie Lua, Principal Planner REQUEST: Approve Amendment No. 3 to Contract No. C40520 with Michael Baker International, Inc. of Palm Desert, California for On-Call City Surveying, City Engineer and Plan Review Services in an amount not to exceed $305,000. ___________________________________________________________________________ Recommendation By Minute Motion: 1.Approve Amendment No. 3 to Contract No. C40520 with Michael Baker International, Inc. of Palm Desert, California for On-Call City Surveying, City Engineer and Plan Review Services in an amount not to exceed $305,000; 2. Appropriate $180,000 from Unobligated General Funds to Account No. 1104300- 4301000; and, 3.Authorize the City Manager or their designee to execute said Amendment and any additional contract amendments. Upon approval, funds will be available in Account No. 1104300-4301000, Prof-Architectural / Engineering, and various Measure A Fund 213 accounts. Strategic Plan This action has no direct effect on any one of the specific goals in the Strategic Plan. Background Analysis The City Council awarded Contract No. C40520 to Michael Baker International, Inc. (MBI) on September 24, 2020, for On-Call City Surveying and Plan Review Services with an annual amount of $85,000 totaling $255,000. The term of the contract is January 1, 2021, through December 31, 2023, with automatic renewals to the contract for no more than two (2) additional one-year terms. In February 2021, the Director of Public Works separated from the City creating an engineering vacancy. A California-licensed engineer is required to sign plans and specifications for the Public Works and Development Services Departments. On February 25, 2021, the City Council approved Amendment No. 1 to include City Engineering services to the contract and added an amount not to exceed $50,000 through June 30, 2021. Page 165 January 13, 2022 - Staff Report Amendment No. 3 to Contract No. C40520 Page 2 of 4 On June 11, 2021, the City Manager approved Amendment No. 2 in the amount of $50,000 through June 30, 2022, for MBI to continue providing City Surveyor and City Engineer services to the Departments of Development Services and Public Works. Development activity has substantially increased in 2021, and the MBI contract is running low on funds. The City continues to need MBI for City Surveyor and City Engineer services to support the Public Works Department and the Development Services Department. Therefore, staff is requesting of Contract Amendment No. 3, which would provide for continued contractual City Surveyor and City Engineer support to both departments through the end of the current fiscal year. Development Services Following the departure of the City Engineer and Public Works Director, who previously provided professional engineering support to the development approval process, MBI was contracted to provide engineering plan review and study review services to the City for all phases of Land Development and fill the role as acting City Engineer and acting City Surveyor. The services MBI provides have been essential to support the City’s response to development activity in a professional and timely manner; however, the lack of staff with engineering expertise results in deficiencies in the city’s processes causing delays in responding to the public, inefficient timelines for resolving technical issues, and lack of oversight in ensuring all project obligations are met. The City Manager has approved hiring a Senior Engineer, who would increase the City’s ability to respond to developers and absorb a portion of the duties currently provided by MBI. In preparation of the Senior Engineer being hired, staff has prepared a division of job duties to clearly delineate those functions to be performed by the Senior Engineer and MBI. The Senior Engineer will perform professional level engineering responsibilities that include attending pre- application meetings, project reviews, coordinate projects interdepartmentally and with outside agencies, provide counter services, perform minor plan reviews, and manage plan check approvals, bonds and agreements required for projects. The Senior Engineer will continue to need the assistance of MBI and their staff of engineering subject matter experts for detailed review of construction plans, plats, and studies such as traffic impacts analyses and hydraulic/hydrologic studies. MBI will be able to support the Senior Engineer by ramping up support and ramping down support as development activity varies month to month. For the past eleven months without a Senior Engineer on staff, the average monthly cost for MBI support to Development Services has been approximately $17,000; however, development activity has been trending upward since the summer and staff is projecting activity to remain at a higher level through the end of the fiscal year. Without a Staff Engineer, staff projects MBI support to cost approximately $22,000 per month through June. The Senior Engineer’s salary is expected to range from approximately $12,000 to $16,000 per month, which includes benefits, and staff is anticipating that the Senior Engineer position will likely alleviate about 30 percent of the MBI monthly cost, or about $7,000 per month. The recruiting for the Senior Engineer began late December 2021, so far with minimal candidate response. Currently, the City is expanding recruiting efforts to reach more qualified candidates; however, the timing of onboarding this position is undetermined. Until the Senior Engineer is hired, Page 166 January 13, 2022 - Staff Report Amendment No. 3 to Contract No. C40520 Page 3 of 4 Development Services will continue to need MBI services to support development, including those the Senior Engineer will eventually take over from MBI. The monthly cost of services from MBI will reduce once the Senior Engineer is hired and would result in a savings to the MBI contract at the end of the fiscal year. It should be noted that hiring a Senior Engineer will not result in a significant cost savings (less than $4,800 per month) to the MBI contract, however, an in-house engineering professional will increase the level of service to meet the high demands of the development community and improve the customer service interactions with investors and residents alike. However, since it is not known when the Senior Engineer will be hired, staff is requesting the full projected amount of $130,000 in services from MBI through June 2022. Public Works The Public Works Department requires the services of the City Engineer for review and approval of improvement plans for Capital Improvement Projects (CIP) and support to staff requiring a California-registered PE. The cost for MBI support to Public Works since February 2021 has averaged approximately $5,000 per month for a total of $46,500 over the 11-month period to November 2021. Approximately $27,000 of the cost was to support CIP projects with the remainder in support of the development of the City’s dining deck policy and procedure. Public Works projects an additional cost for MBI services from December 2021 through June 2022 to be $175,000, which includes $50,000 for regular City Engineer / City Surveyor support not associated with the CIP program and $125,000 for support billable to CIP projects such as the resurfacing and slurry seal programs, and a needed update to the City’s vertical control network (a series of benchmarks used for private development and capital improvement projects). Refer to the Attachment for a listing of recent and upcoming projects the remainder of this fiscal year. Fiscal Analysis Projecting to the end of the fiscal year, Public Works estimates a need of $175,000 and Development Services anticipates a need of $130,000 for a total contract amendment of $305,000. The $130,000 appropriation request from the Unobligated General Fund to support Development Services will be offset through the receipt of development-related fees. Development Services projects revenue of approximately $98,000 through June 2022 based on projected plan check fees from anticipated developments already in process. Public Works anticipates that of the projected $175,000 in total services to the department, approximately $125,000 will be billed against CIP projects; those project-related costs are already included in the project budgets, so an appropriation is not necessary for that portion being requested. Public Works is requesting an appropriation of $50,000 from the Unobligated General Fund for anticipated costs not related to projects. The table on the following page summarizes the Page 167 January 13, 2022 - Staff Report Amendment No. 3 to Contract No. C40520 Page 4 of 4 current and projected cost of services for the City Engineer / City Surveyor services from MBI to both departments. MBI Contract Services February 2021 – June 2022 ITEM AUTHORIZED AUTHORIZED BUDGET COST GENERAL FUND MEASURE A Year 1 Contract C40520 (1/21 – 6/21) 9/24/2020 $45,000 $45,000 Contract Amendment No. 1 2/25/2021 $50,000 $50,000 Contract Amendment No. 2 6/11/2021 $50,000 $50,000 Year 2 Contract C40520 (7/21 – 6/22) 7/1/2021 $85,000 $85,000 Requested Amendment No. 3 to Agreement C40520 1/13/2022 $305,000 $180,000 $125,000 COST SUBTOTALS $410,000 $125,000 TOTAL $535,000 $535,000 * Bolded amount is the current request. LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW ASSISTANT CITY MANAGER N/A Robert W. Hargreaves City Attorney Randy Bowman for Andy Firestine Assistant City Manager Janet M. Moore Janet M. Moore Director of Finance Andy Firestine Andy Firestine Assistant City Manager City Manager: L. Todd Hileman CONSULTANT: Michael Baker International, Inc. 75-410 Gerald Ford Drive, Suite 100 Palm Desert, CA 92211 ATTACHMENTS: Contract Amendment No. 3 Public Works CIP Project Forecast Page 168 AMENDMENT NO. 3 TO THE ON-CALL SURVEYING AND CIVIL ENGINEERING PLAN REVIEW SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND MICHAEL BAKER INTERNATIONAL, INC. Contract No. C40520 1. Parties and Date. This Amendment No. 3 to the PROFESSIONAL SERVICES AGREEMENT is made and entered into as of this 13th day of January, 2022, by and between the City of Palm Desert (“City”) and MICHAEL BAKER INTERNATIONAL, INC., a PENNSYLVANIA CORPORATION with its principal place of business at75-410 GERALD FORD AVENUE, PALM DESERT, CALIFORNIA (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.” 2. Recitals. 2.1 Agreement. The City and Consultant have entered into an agreement entitled “On- Call Surveying and Civil Engineering Plan Review Services” dated September 24, 2020 (“Agreement” or “Contract”) for the purpose of retaining the services of Consultant to provide On-Call Surveying and Civil Engineering Plan Review Services. 2.2 Amendment. The City and Consultant desire to amend the Agreement to extend the term and for additional compensation. The Parties have heretofore entered into that Amendment No. 1 dated February 25, 2021; and Amendment No. 2 dated June 11, 2021. 2.3 Amendment Authority. This Amendment No. 3 is authorized pursuant to Section 3.6.14 of the Agreement. 3. Terms. 3.1.1 Section 3.1.2 Term. Section 3.1.2 of the Agreement is hereby amended in its entirety to read as follows: 3.1.2 Term. The term of this Agreement shall be from January 1, 2021 to June 30, 2024, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than 2 additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.1.2 Section 3.3.1 Compensation. Section 3.3.1 of the Agreement is hereby amended in its entirety to read as follows: 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in the original contract. The total compensation shall not exceed three hundred five thousand dollars ($305,000.00) per year without written approval of the City Council or City Manager, as applicable. 3.2 Continuing Effect of Agreement. Except as amended by this Amendment No.3, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 3. From and after the date of this Amendment No. 3, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as Page 169 Contract No. ______________ Page 2 of 5 Revised 11-2-20 BBK 72500.00001\32445060.1 amended by this Amendment No. 3. 3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 3. 3.4 Severability. If any portion of this Amendment No. 3 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5 Counterparts. This Amendment No. 3 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. [SIGNATURES ON FOLLOWING PAGE] Page 170 Contract No. ______________ Page 3 of 5 Revised 11-2-20 BBK 72500.00001\32445060.1 SIGNATURE PAGE FOR AMENDMENT NO. 3 TO THE ON-CALL SURVEYING AND CIVIL ENGINEERING PLAN REVIEW SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND MICHAEL BAKER INTERNATIONAL, INC. IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 3 to the ON- CALL SURVEYING AND CIVIL ENGINEERING PLAN REVIEW SERVICES AGREEMENT as of the day and year first above written. CITY OF PALM DESERT Approved By: L. Todd Hileman City Manager Attested By: City Clerk Approved As To Form: By: Best Best & Krieger LLP City Attorney MICHAEL BAKER INTERNATIONAL, INC. Signature Name Title Signature Name Title Page 171 Contract No. ______________ Page 4 of 5 Revised 11-2-20 BBK 72500.00001\32445060.1 Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above Page 172 Contract No. ______________ Page 5 of 5 Revised 11-2-20 BBK 72500.00001\32445060.1 Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above Page 173 Project  Number Project Start  Construction End  Construction  MBI City  Engineer Cost  (2/21 ‐ 11/21)   MBI City  Engineer Cost  (12/21 ‐ 6/22)  817‐21 Alessandro Phase 2 November‐21 January‐22 5,375$             ‐$                  751‐XX &  752‐XX Slurry & Resurfacing Program March‐22 June‐22 ‐$                 23,000$           512‐21 White Stone Lane Drainage Improvements May‐22 June‐22 ‐$                 2,000$              662‐21 Monterey Avenue and Fred Waring Drive Intersection Modification May‐22 June‐22 3,313$             1,000$              570‐21 Neighborhood Traffic Management Plan September‐22 December‐22 ‐$                 4,000$              567‐21 Haystack Road and Highway 74 Intersection Modification May‐22 June‐22 ‐$                 1,000$              565‐18 Bike‐Golf Cart Lane Improvements January‐22 February‐22 1,250$             ‐$                  708‐20 PD Link (Phase 1)March‐22 June‐22 ‐$                 4,000$              753‐XX ADA Curb Ramp Modification Program June‐22 July‐22 ‐$                 1,000$              759‐21 Bridge Inspection & Repair Program May‐22 July‐22 ‐$                 4,000$              667‐21 Haystack Road Traffic Calming Improvements (Phase 1)May‐22 June‐22 ‐$                 2,000$              667‐21 Haystack Road Traffic Calming Improvements (Phase 2)August‐22 December‐22 ‐$                 2,000$              509‐22 Haystack Road Channel Improvement October‐22 January‐23 8,438$             2,000$              564‐XX 2022 Citywide Restriping Program April‐22 June‐22 3,563$             2,000$              566‐XX 2022 Traffic Hardware Upgrade Program April‐22 June‐22 ‐$                 2,000$              TBD Geodetic Survey Control Network February‐22 June‐22 ‐$                 73,000$           660‐20 Monterey Slope Protection Project ‐‐2,000$             ‐$                  758‐21 Pavement Management Program January‐22 April‐22 3,000$             2,000$              TOTAL BILLABLE TO PROJECT FUNDING 26,938$          125,000$         City Engineer Overhead (unbillable to Project Funding)19,562$          100,000$         TOTAL 46,500$          225,000$         PROJECTED PUBLIC WORKS CIP BILLING FOR CITY ENGINEER / CITY SURVEYOR Page 174 STAFF REPORT CITY OF PALM DESERT PUBLIC AFFAIRS DIVISION MEETING DATE: January 13, 2022 PREPARED BY: Vanessa Mager, Management Analyst REQUEST: Approval of a backup location for the Open-Air Shopping market on San Pablo ___________________________________________________________________________ Request By Minute Motion: 1.Authorize the road closure on San Pablo Avenue between Magnesia Falls and Fred Waring, Saturday, and Sunday from January 15 through May 15, 2022. Strategic Plan Approval of the Open-Air Shopping market helps address the following priorities as specified in the 2013-2033 Strategic Plan, Envision Palm Desert – Forward Together: •Economic Development Priority 3: Create and attract entertainment and events to enhance and expand the Palm Desert economy and lifestyle. •Tourism & Marketing Priority 2: Grow existing events and develop new events to enhance the desirability of Palm Desert as a year-round destination. •Land Use, Housing & Open Space Priority 4: Create a mixed-use city core integrating shopping, dining, lodging, and housing. •Transportation Priority 1: Create walkable neighborhoods and areas within Palm Desert that would include residential; retail; services and employment centers; and parks, recreation, and open space to reduce the use of low occupancy vehicles. Background Analysis The Open-Air Shopping market is a community event at which local merchants offer new or handmade clothing, art, jewelry, accessories, sporting goods, and gift items. Along with those goods, fresh produce, dried fruits, and nuts are also offered. Local, permitted, mobile food establishments will also be invited to participate. Each weekend will have a different themed event to go along with the Open-Air market. The Open-Air Shopping market was started in 2021 by Secure Point as a means of offering an opportunity to those merchants displaced by the closure of the College of the Desert (COD) Street Fair. Due to the COVID-19 pandemic, College of the Desert was Page 175 January 13, 2022 - Staff Report Approval of a backup location for the Open-Air Shopping market on San Pablo Page 2 of 3 unable to open its campus to the public and thus was forced to halt the opening of the COD Street Fair. The Street Fair is a well-known weekend event that brings visitors and residents from around the Coachella Valley to enjoy the open-air shopping experience. The COD Street Fair re-opened on Saturday, January 1st, and plans to host the event throughout the reminder of its season. However, with the continued uncertainty of COVID, the merchants participating are concerned that the College may be forced to close its campus once again to the public and thus displace the merchants once more. Hence, Secure Point, the organizer of the Open-Air Shopping market would like to secure a supplementary location should COD have to close. Secure Point would like to secure the San Pablo Avenue between Magnesia Falls and Fred Waring as a backup location, should COD be forced to close at any time throughout the season (January – May). Secure Point is aware that the City is and will continue to follow all State and County COVID guidelines and thus the approval of the market is subject to change due to any restrictions imposed on such activities/events. Secure Point is also aware that there are scheduled runs/walks and large events at Civic Center Park that may require the Market to adjust their seasonal schedule. Staff is also mindful of Council’s desire to utilize the location requested for a weekend Farmers Market, should an applicant emerge. If this becomes the cause, Staff will work with both organizers to see if there is a possibility to combine efforts so that there is a place for everyone. If needed Staff will also work with Desert Recreation District to utilize available park space as an alternative. Fiscal Analysis There is no direct fiscal impact to the City associated with this request. Secure Point DBA Open-Air Shopping will be responsible fall all costs related to the event. LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW ASSISTANT CITY MANAGER N/A Robert W. Hargreaves City Attorney Thomas Soule Thomas Soule Public Affairs Manager Janet M. Moore Janet M. Moore Director of Finance Andy Firestine Andy Firestine Assistant City Manager City Manager: L. Todd Hileman: L. Todd Hileman Page 176 January 13, 2022 - Staff Report Approval of a backup location for the Open-Air Shopping market on San Pablo Page 3 of 3 APPLICANT: Secure Point dba Open Air Shopping Jerry Loces P.O Box 5669 La Quinta, CA 92248 ATTACHMENTS: None Page 177 [This page has intentionally been left blank.] Page 178 STAFF REPORT CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT MEETING DATE: January 13, 2022 PREPARED BY: Mariana Rios, Management Specialist I REQUEST: Declaration of surplus property, and authorization to donate or dispose as appropriate. ___________________________________________________________________________ Recommendation By Minute Motion, declare the item listed on the attached “Exhibit A” as surplus, and grant authorization to donate or dispose as appropriate. Background Analysis To make room for the City’s new Traffic Operation Center, which is being installed with the CVAG CV Sync Project, the Public Works Department and Information Technology Department cleaned out the Public Works Storage room. The storage room housed furniture, and equipment that was obsolete, broken, and soiled beyond repair. Fiscal Analysis There is no fiscal impact associated with this action. LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW ASSISTANT CITY MANAGER N/A Robert W. Hargreaves City Attorney Randy Bowman for Andy Firestine Assistant City Manager Janet M. Moore Janet M. Moore Director of Finance Andy Firestine Andy Firestine Assistant City Manager City Manager, L. Todd Hileman: L. Todd Hileman ATTACHMENTS: Exhibit A Page 179 Exhibit A - Surplus of Electronic Equipment & Other Items Monitors Asset #Condition Destination Viewsonic 24"8855 damaged e-waste Dell 20" 8248 damaged e-waste Computers Asset #Condition Destination Microsoft Surface 9228 damaged e-waste Dell Micro 3060 9255 damaged e-waste Dell Micro 3061 9258 damaged e-waste Dell 9020 8517 obsolete e-waste Dell 9020 8675 obsolete e-waste Dell 9020 8655 obsolete e-waste Dell 9020 8673 obsolete e-waste Dell 9020 8657 obsolete e-waste Dell 9020 8691 obsolete e-waste Dell 9020 8679 obsolete e-waste Dell 9020 8659 obsolete e-waste Dell 9020 8546 obsolete e-waste Dell 7040 8905 obsolete e-waste Dell 7040 8872 obsolete e-waste Dell 7040 8865 obsolete e-waste Dell 7040 8909 obsolete e-waste Dell 7040 8867 obsolete e-waste Dell 7040 8863 obsolete e-waste Dell 7040 8864 obsolete e-waste Dell 7040 8862 obsolete e-waste Dell 7040 8870 obsolete e-waste Dell 7050 9075 obsolete e-waste Dell 7050 9071 obsolete e-waste Dell 7050 9066 obsolete e-waste Dell 7050 9093 obsolete e-waste Dell 7050 9076 obsolete e-waste Dell 7050 9084 obsolete e-waste Dell 7050 9072 obsolete e-waste Dell 7050 9086 obsolete e-waste Dell 7050 9079 obsolete e-waste Dell 7050 9080 obsolete e-waste Dell 7050 9068 obsolete e-waste Dell 7050 9070 obsolete e-waste Dell 7050 9087 obsolete e-waste Dell 7050 9085 obsolete e-waste Dell 7050 9077 obsolete e-waste Dell 7050 9074 obsolete e-waste Dell 7050 9067 obsolete e-waste Page 180 Dell 7050 9069 obsolete e-waste Dell 7050 9089 obsolete e-waste Other E-Devices Asset #Condition Destination Typewriter 4954 Mircrofilm Reader 4918 obselete e-waste Printers/Fax Asset #Condition Destination Canon Fax 7852 Obsolete E-Waste 630 Read Printer 2315 Obsolete E-Waste Furniture/Other Asset #Condition Destination Mylar Cabinet 5314 obsolete surplus/dispose Mylar Cabinet 5315 obsolete surplus/dispose Mylar Cabinet 5320 obsolete surplus/dispose Filing Cabinet 5175 obsolete surplus/dispose Mylar Cabinet 5876 obsolete surplus/dispose Mylar Cabinet 5306 obsolete surplus/dispose Mylar Cabinet 5303 obsolete surplus/dispose Cabinet 300 obsolete surplus/dispose Chair 6628 obsolete surplus/dispose Cabinet 5877 obsolete surplus/dispose Mylar Cabinet 5282 obsolete surplus/dispose Mylar Cabinet 5284 obsolete surplus/dispose Mylar Cabinet 5313 obsolete surplus/dispose Mylar Cabinet 5283 obsolete surplus/dispose Mylar Cabinet 5874 obsolete surplus/dispose Mylar Cabinet 5307 obsolete surplus/dispose Mylar Cabinet 5308 obsolete surplus/dispose Mylar Cabinet 5310 obsolete surplus/dispose Mylar Cabinet 5875 obsolete surplus/dispose Mylar Cabinet 5311 obsolete surplus/dispose Mylar Cabinet 5312 obsolete surplus/dispose Mylar Cabinet 5309 obsolete surplus/dispose Mylar Cabinet 5319 obsolete surplus/dispose Book Shelf 4282 obsolete surplus/dispose Horse Painting 1326 obsolete surplus/dispose Dancing Horses Painting 1327 obsolete surplus/dispose Chair 7245 obsolete surplus/dispose Chair 7248 obsolete surplus/dispose Chair 7240 obsolete surplus/dispose Book Shelf 5873 obsolete surplus/dispose Page 181 [This page has intentionally been left blank.] Page 182 Page 183 Page 184 From the desk of . . . 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Page 185 [This page has intentionally been left blank.] Page 186 STAFF REPORT CITY OF PALM DESERT DEVELOPMENT SERVICES DEPARTMENT MEETING DATE: January 13, 2022 PREPARED BY: Amy Lawrence, Special Programs Manager REQUEST: Adopt Ordinance No. ___ updating Palm Desert Municipal Code sections relative to organic waste recycling requirements to comply with Senate Bill 1383. ______________________________________________________________________ Recommendation Waive further reading and pass to second reading to amend Chapters 1.04 (General Provisions), 1.08 (Citations for Code Violations), 1.12 (General Penalty), 3.30 (Purchasing System and Public Works Contracts), 8.12 (Trash Enclosures), 8.16 (Solid Waste), 8.17 (Recyclable Materials), 8.19 (Automated Collection of Solid Waste, Recycling and Green Waste for All Residents), 8.80 (Administrative Remedies), 8.81 (Administrative Citations), 15 (Building and Construction), and 24.04 (Water-Efficient Landscape) of the Palm Desert Municipal Code to update organic waste recycling requirements for residents and businesses in compliance with state law (California Senate Bill 1383). Strategic Plan The proposed action has no impact on the Strategic Plan. Background Analysis In September 2016, Governor Jerry Brown signed into law SB 1383 to achieve a 75% reduction in the statewide disposal of organic waste from the 2014 level by 2025. Organic wastes are solid wastes such as food scraps, green waste, landscape and pruning waste, wood and lumber, paper products, manure, biosolids, digestate, and sludge. Organic waste is highly recyclable and can be incorporated into products such as recycled paper or cardboard, compost, mulch and/or converted into energy. To achieve these goals, SB 1383 requires cities to implement the following actions by January 1, 2022 or within a revised schedule approved by the California Department of Resources Recycling and Recovery, also known as CalRecycle (requests for a revised schedule must be submitted to CalRecycle by March 1, 2022): (1) amend city codes to incorporate the new organic waste recycling requirements; (2) provide new organics recycling services to all residential, multi-family properties and commercial businesses (the City currently provides these services to commercial businesses); (3) develop an Page 187 January 13, 2022 - Staff Report Update to Organic Waste Recycling Requirements in the City Municipal Code Page 2 of 3 edible food recovery program; (4) purchase organic/sustainable materials and recycled products in order to create market infrastructure for products made from recycled organic materials; (5) amend existing franchise hauler contract to comply with SB 1383; and, (6) establish compliance, enforcement and reporting programs. City staff anticipates completing these items in 2022. City staff has provided the City Council updates and information sessions related to SB 1383 requirements and upcoming actions. Staff has also provided residents with an overview of the SB 1383 requirements through outreach in collaboration with Burrtec Waste and Recycling Services (Burrtec), the City’s franchised hauler. Pending adoption of this proposed ordinance, community outreach activities about the implementation of the new requirements will commence. In addition, staff has commenced contract negotiations with the City’s franchise hauler, Burrtec, and anticipates bringing an amended contract for City Council consideration early in 2022 for implementation on July 1, 2022. The proposed ordinance, which is the subject of this staff report, has been prepared to comply with SB 1383 requirements. It includes amendments to Chapters 1.04 (General Provisions), 1.08 (Citations for Code Violations), 1.12 (General Penalty), 3.30 (Purchasing System and Public Works Contracts), 8.12 (Trash Enclosures), 8.16 (Solid Waste), 8.17 (Recyclable Materials), 8.19 (Automated Collection of Solid Waste, Recycling and Green Waste for All Residents), 8.80 (Administrative Remedies), 8.81 (Administrative Citations), 15 (Building and Construction), and 24.04 (Water-Efficient Landscape) of the Palm Desert Municipal Code. The amendments include new definitions and procedures with separate requirements for single-family and multi-family properties, commercial businesses (including commercial edible food generators and food recovery organizations), and franchise haulers. The proposed ordinance also adds an enforcement mechanism including authorization for the City to inspect and investigate complaints or confirm compliance with SB 1383. Beginning January 1, 2024, the City would also be authorized to issue notices of violation for placing incorrect materials in containers (such as organic materials in the recycling container). The approach for enforcement will be to focus on education first, with a courtesy notice and the first notice of violation having no fine. Following are some examples of the new code requirements: A three (3) container system for collection of waste in separate trash, recycling and organic material containers will be required for all users (the organics container will include food waste in addition to yard waste). Multi-family properties and commercial businesses would be allowed to deviate from these requirements in certain circumstances. For example, they may request waivers from the collection service required by SB 1383 if they generate smaller amounts of waste than specified in the ordinance; and, they may request a physical space waiver if they demonstrate there is not enough space for organic and recyclable material containers. The proposed ordinance also includes new requirements for commercial edible food generators and food recovery organizations, including requiring the Page 188 January 13, 2022 - Staff Report Update to Organic Waste Recycling Requirements in the City Municipal Code Page 3 of 3 arrangement of edible food donation services by written agreements. The proposed ordinance also modifies the City’s franchise hauler requirements to accommodate additional waste collection and require the hauler to separate all materials for appropriate recycling. Attached to this report is the draft ordinance, a red-lined draft ordinance showing verbiage changes, and a detailed summary of the proposed amendments. Fiscal Analysis There is no budgetary impact associated with the proposed adoption of the ordinance at this time. As part of the negotiations with Burrtec Waste and Recycling Services and subject to City Council approval, staff anticipates a rate schedule adjustment for the residential, multi-family, and commercial sectors to take effect next fiscal year. Additionally, as SB 1383 is implemented, the City will be responsible for costs associated with record keeping and other related items, as well as eventual staffing to conduct required inspections. All related costs can be paid out of the Recycle Fund. LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW ASSISTANT CITY MANAGER N/A Robert W. Hargreaves City Attorney Martin Alvarez Martin Alvarez Director of Development Services Janet M. Moore Janet M. Moore Director of Finance Andy Firestine Andy Firestine Assistant City Manager City Manager, L. Todd Hileman: L. Todd Hileman VENDOR: Burrtec Waste and Recycling Services, LLC 41-575 Eclectic Street Palm Desert, California 92260 Attachments: 1. Draft Ordinance 2. Red-lined Draft Ordinance 3. Summary of Amendments Page 189 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTERS 1.04 (GENERAL PROVISIONS), 1.08 (CITATIONS FOR CODE VIOLATIONS), 1.12 (GENERAL PENALTY), 3.30 (PURCHASING SYSTEM AND PUBLIC WORKS CONTRACTS), 8.12 (TRASH ENCLOSURES), 8.16 (SOLID WASTE), 8.17 (RECYCLABLE MATERIALS), 8.19 (AUTOMATED COLLECTION OF SOLID WASTE, RECYCLING AND GREEN WASTE FOR ALL RESIDENTS), 8.80 (ADMINISTRATIVE REMEMDIES), 8.81 (ADMINISTRATIVE CITATIONS), 15 (BUILDING AND CONSTRUCTION), AND 24.04 (WATER-EFFICIENT LANDSCAPE) OF THE PALM DESERT MUNICIPAL CODE TO UPDATE ORGANIC WASTE RECYCLING REQUIREMENTS FOR RESIDENTS AND BUSINESSES IN COMPLIANCE WITH STATE LAW (CALIFORNIA SENATE BILL 1383). The City Council of the City of Palm Desert, DOES HEREBY ORDAIN, as follows: Section 1.04 of the Code of the City of Palm Desert, California, is hereby amended to read as follows: 1.04 GENERAL PROVISIONS 1.04.010 DEFINITIONS. The following words and phrases, whenever used in this code, shall be construed as defined in this section unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases: A. “City” means the City of Palm Desert, California, or the area within the territorial limits of the City, and such territory outside of the City over which the City has jurisdiction or control by virtue of any constitutional or statutory provision. B. “Council” means the City Council of the City. “All its members” or “all councilmembers” means the total number of Councilmembers holding office. C. “County” means the county of Riverside. D. “Law” denotes applicable federal law, the Constitution and statutes of the State of California, the ordinances of the City, and, when appropriate, any and all rules and regulations which may be promulgated thereunder. E. “May” is permissive. Page 190 ORDINANCE NO. -2- F. “Month” means a calendar month. G. “Must” and “shall” are each mandatory. H. “Oath” means and includes an affirmation or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words “swear” and “sworn” shall be equivalent to the words “affirm” and “affirmed.” I. “Owner,” applied to a building or land, includes any part owner, joint owner, tenant in common, joint tenant, tenant by the entirety, of the whole or a part of such building or land. J. “Person” means and includes a natural Person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the Manager, lessee, agent, servant, officer, or employee of any of them. K. “Personal Property” includes money, goods, chattels, things in action and evidences of debt. L. “Preceding” and “following” mean next before and next after, respectively. M. “Property” includes Real and Personal Property. N. “Real Property” includes lands, tenements and hereditaments. O. “Sidewalk” means that portion of a Street between the curbline and the adjacent property line intended for the use of pedestrians. P. “State” means the State of California. Q. “Street” includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in the City which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of the State. R. “Tenant” and “Occupant,” applied to a building or land, include any Person who occupies the whole or a part of such building or land, whether alone or with others. S. Title of Office. Use of the title of any officer, employee, Department, board, or commission means that officer, employee, Department, board, or commission of the City. T. “Written” includes printed, typewritten, mimeographed, multigraphed, or otherwise reproduced in permanent visible form. U. “Year” means a calendar year. Page 191 ORDINANCE NO. -3- 1.04.020 INTERPRETATION OF LANGUAGE. All words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning. 1.04.030 GRAMMATICAL INTERPRETATION. The following grammatical rules shall apply in this code, unless it is apparent from the context that a different construction is intended: A. Each gender includes the masculine, feminine and neuter genders. B. The singular number includes the plural and the plural includes the singular. C. Words used in the present tense include the past and the future tenses and vice versa, unless manifestly inapplicable. 1.04.040 ACT BY AGENT DEEMED ACT BY PRINCIPAL. When an act is required by this code, the same being such that it may be done as well by an agent as by the principal, such requirements shall be construed to include all such acts performed by an authorized agent. 1.04.050 PROHIBITED ACTS INCLUDE CAUSING AND PERMITTING. Whenever in this code any act or omission is made unlawful, it includes causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of the act or omission. 1.04.060 COMPUTATION OF TIME. Except when otherwise provided, the time within which an act is required to be done shall be computed by excluding the first day and including the last day, unless the last day is Sunday or a holiday, in which case it shall also be excluded. 1.04.070 CONSTRUCTION. The provisions of this code and all proceedings under it are to be construed with a view to effect its objects and to promote justice. 1.04.080 REPEAL NOT TO REVIVE ANY ORDINANCES. The repeal of an ordinance shall not repeal the repealing clause of an ordinance or revive any ordinance which has been repealed thereby. Page 192 ORDINANCE NO. -4- 1.04.090 RIGHT OF CITY TO BRING LEGAL ACTION. In addition to the remedies set forth in this code, the City Council is authorized to bring a legal action in a court of competent jurisdiction for the recovery of any moneys expended by it in order to enforce the provisions of this code. In the event that legal action is brought by the City against any individual, corporation, association or entity, reasonable Attorney’s fees and costs shall constitute a debt owing by the individual, corporation, association or entity to the City. After the action is brought and the service of the summons and complaint has been made upon the individual, corporation, association or entity and a judgment has been obtained by the City, the City may enforce the judgment by execution and sale in accordance with the procedures set forth by law for the enforcement of judgments. The judgments shall bear interest at the rate of ten percent per year and shall include reasonable Attorney’s fees and costs of suit. The remedy as set forth in this section shall be nonexclusive and the City may pursue any or all of the remedies as contained in this code for the enforcement of this code. 1.04.095 RECOVERY OF ATTORNEYS’ FEES IN NUISANCE ABATEMENT ACTION. In any action, administrative proceeding or special proceeding, brought by the city to abate a nuisance, the prevailing party shall be entitled to a recovery of reasonable Attorneys’ fees. This section shall apply only if the City elects, at the initiation of the individual action or proceeding, to seek recovery of its own Attorneys’ fees. The amount of Attorneys’ fees in the action, administrative proceeding or special proceeding, shall not exceed the amount of reasonable Attorneys’ fees incurred by the City in the action or proceeding. 1.04.100 JUDICIAL REVIEW—ADMINISTRATIVE DECISIONS. The City Council adopts California Code of Civil Procedure Section 1094.6, which defines the time period in which judicial review may be requested for certain final administrative decisions and orders under California Code of Civil Procedure Section 1094.5. Pursuant to Section 1094.6(f), the City clerk shall provide notice to any party to a final decision indicating that the time within which judicial review must be sought is governed by California Code of Civil Procedure Section 1094.6. Section 1.08 of the Code of the City of Palm Desert, California, is hereby amended to read as follows: 1.08 CITATIONS FOR CODE VIOLATIONS 1.08.010 AUTHORITY OF CITY MANAGER. The City Manager and/or their designated representative in the Code Compliance Division shall have the power to issue misdemeanor or infraction citations only with respect to any violation of any section of the municipal code except those specific codes administered solely by the fire department and police department. The City Manager Page 193 ORDINANCE NO. -5- and/or their designated representative acting as the fire marshal and/or fire inspector shall have the power to issue misdemeanor or infraction citations only with respect to any violation of any section of the Uniform Fire Code adopted by the Palm Desert Municipal Code. However, the City Manager and/or their designated representative shall have the power to issue citations for nonmoving traffic violations. Section 1.12 of the Code of the City of Palm Desert, California, is hereby amended to read as follows: 1.12 GENERAL PENALTY 1.12.010 GENERAL PENALTY—CONTINUING VIOLATIONS. Whenever in this code or in any other ordinance of the City, or in any resolution of the City adopted in accordance with the provisions of this code, any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or the doing of any act is required or the failure to do any act is declared to be unlawful or any offense or a misdemeanor, where no specific penalty is provided therefor, the violation of any such provision of this code or any other ordinance of the City shall be punished by a fine not exceeding one thousand dollars or imprisonment for a term not exceeding six months, or by both such fine and imprisonment. Unless otherwise indicated to the court upon filing or upon motion of the City Attorney, all violations of this code shall be prosecuted as infractions and the term of imprisonment referred to above shall not be applicable. In unusual situations where there are repeated offenses or where the violation is particularly detrimental, the violation presently designated in this code as a misdemeanor may be prosecuted as a misdemeanor on motion of the City Attorney. 1.12.040 SEPARATE OFFENSE EACH DAY. Except in cases where a different penalty is prescribed by any ordinance of the City, each Person is guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of the City is committed, continued, or permitted by any such Person, and shall be punishable accordingly. Section 3.30 of the Code of the City of Palm Desert, California, is hereby amended to read as follows: 3.30 PURCHASING SYSTEM AND PUBLIC WORKS CONTRACTS 3.30.010 PURPOSE. The purpose of this chapter is to prescribe efficient policies and procedures for the procurement of Public Works projects, Contractual Services, Professional Services, and materials, supplies, and equipment to better serve the City’s residents. All purchasing Page 194 ORDINANCE NO. -6- will be done with absolute integrity and equal opportunity will be provided to all, free of discrimination. 3.30.020 DEFINITIONS. The following terms, whenever used in this chapter, shall be construed as follows: “Contractual Services” mean all services, other than Professional Services, including, but not limited to, repairs, maintenance work, and rental equipment. The term does not include services rendered by City officers or employees. “Department” or “Agency” means a Department, Agency, or other unit of the City government whose affairs and funds are under the supervision and control of the City Council. “Designated Position” means a City staff position authorized by the City Manager to make purchases consistent with this chapter subject to dollar limits set by the City Manager. “Local Business” means a vendor, contractor, or consultant who has a valid physical business address located within one of the nine incorporated cities of the Coachella Valley, or within an unincorporated area of Riverside County in the Coachella Valley within the boundaries of the Coachella Valley Association of Governments, at least six months prior to bid or proposal opening date, from which the vendor, contractor, or consultant operates or performs business on a day-to-day basis, and holds a valid business license by a jurisdiction located in the Coachella Valley. Post office boxes are not verifiable and shall not be used for the purpose of establishing such physical address. “Materials, Supplies, and Equipment” means any and all articles, things, or Property, other than Real Property, furnished to be used by any City Agency. “Paper Products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51). “Printing and Writing Papers” include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54). “Professional Services” means all services performed in a professional occupation including, but not limited to, accounting, auditing, appraising, computer hardware and software support, engineering, architectural, planning, environmental, redevelopment, financial, economic, social services, legal, construction project management, Page 195 ORDINANCE NO. -7- communications, land surveying and other similar professional functions which may be necessary for the operation of the City. “Public Project” or “Public Works” means: 1. A project for the erection, improvement, painting, or repair of public buildings and works. 2. Work in or about streams, embankments, or other works for protection against overflow. 3. Street or sewer work except maintenance or repair. “Prime contractor” means the contractor who contracts directly with the City. “Purchasing” means the procurement of Public Projects, Contractual Services, Professional Services, and materials, supplies, and equipment as needed by the City. “Recycled-Content Paper” means Paper Products and Printing and Writing Paper that consists of at least thirty percent (30%), by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61). “Subcontractor” means a contractor who contracts directly with the prime contractor. 3.30.030 PURCHASING OFFICER. The Purchasing Officer shall be the City Manager or designee. The City Manager may delegate some or all of the duties of that position to one or more subordinate employees. The Purchasing Officer shall supervise the Purchasing functions of the City. The Purchasing Officer is authorized to establish methods and procedures for efficient and economical Purchasing. 3.30.040 PURCHASING OFFICER—POWERS AND DUTIES. The Purchasing Officer, in accordance with this chapter and any written policies and/or procedures approved by the City Manager consistent with this chapter, shall have the power to: A. Purchase and Contract. Purchase or contract for Public Projects, Contractual Services, Professional Services, and Materials, Supplies, and Equipment required by the City. B. Purchasing Policies Procedures. Prepare and implement policies and procedures governing the bidding, contracting, and Purchasing of Public Projects, Contractual Services, Professional Services, and Materials, Supplies, and Equipment for the City. C. Forms. Prescribe and maintain such forms as may be reasonably necessary to the implementation of this chapter and any other policies and procedures approved by the City Manager consistent with this chapter. Page 196 ORDINANCE NO. -8- D. Surplus Materials, Supplies, and Equipment. Establish policies and procedures to sell, repurpose or Dispose of any Materials, Supplies, and Equipment not needed for public use or that are obsolete, damaged beyond repair, or may become unsuitable for their intended use including establishing value thresholds for surplus. E. Purchase for Resale. May, by adopting a procedure approved by the City Manager, authorize the purchase of Materials, Supplies, and Equipment for resale from such enterprises as the golf course, or visitor’s center to obtain the best possible price for the desired merchandise. Such purchases shall not be subject to the award limits noted in this chapter, provided funding is available within the appropriated budget. F. Bidder, Contractor and Vendor Lists and Catalogs. Develop and maintain any bidder’s list, contractor’s list or vendor’s list necessary to the operation of this chapter and any other policies and procedures approved by the City Manager consistent with this chapter. G. Recycled Product Procurement Policy. Establish and maintain procedures and specifications for the purchase of Recycled-Content Paper and Recycled-Content Paper Products as described in Section 3.30.190.B.4. 3.30.190 PREFERENCE FOR RECYCLED CONTENT. A. Environmentally Preferable Practices: The City will act to make resource conservation an integral part of its waste reduction and recycling programs. The practice of discarding materials used in the City facilities is wasteful of natural resources, energy, and money. 1. The City will integrate the concept of resource conservation, including waste reduction and recycling, into its environmental programs. 2. The City will decrease the amount of waste of consumable materials by: a. Reducing the consumption of consumable material wherever possible. b. Fully utilizing all material prior to Disposal. c. Minimizing the use of nonbiodegradable products wherever possible. 3. The City will cooperate with, and participate in, recycling efforts being made by the City and County. As systems for recovering waste and recycling develop within the City limits, the City will participate by appropriately separating and allowing recovery of recyclable waste products. 4. All vendors providing Paper Products and printing and writing paper shall: a. Provide Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper that consists of at least thirty percent (30%), by fiber weight, postconsumer fiber, if fitness and quality are equal, and available at equal or lesser price. b. Provide Paper Products and Printing and Writing Paper that meet Federal Trade Commission recyclability standard as defined in 16 Code of Federal Regulations (CFR) Section 260.12. Page 197 ORDINANCE NO. -9- c. Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the Paper Products and Printing and Writing Paper offered or sold to the City. This certification requirement may be waived if the percentage of postconsumer material in the Paper Products, Printing and Writing Paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website. d. Certify in writing, on invoices or receipts provided, that the Paper Products and Printing and Writing Paper offered or sold to the City is eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations (CFR) Section 260.12. B. Representatives of the City will actively advocate, where appropriate, for resource conservation practices to be adopted at the local, regional, and national levels. Section 8.12 of the Code of the City of Palm Desert, California, is hereby amended to read as follows: 8.12 DISCARDED MATERIAL ENCLOSURES 8.12.005 DEFINITION OF TERM. Within this chapter, the term “Discarded Material enclosures” is defined hereinafter as an enclosure for Solid Waste, recyclable materials, and Organic Materials Containers unless otherwise specified. All definitions from Chapter 8.16 will also apply in this Chapter 8.12. 8.12.010 REQUIREMENTS. In order to protect Persons against hazardous conditions and safeguard the public welfare by preventing unsightly storage of Discarded Materials that may devalue the neighborhood and community, the City Council requires Discarded Material enclosures to be provided for all new construction, constructed additions that result in an increase of thirty percent (30%) or more in floor area within a 12 month period, multifamily, office, institutional, commercial, and manufacturing uses in any zone district in the City. All such enclosures shall be constructed in accordance with specifications approved and on file with the City Manager and the building division. Required building permits shall not be issued until the City Manager has approved the size, design, and location of said enclosures. Discarded material enclosures may be combined for more than one Generator, provided the capacity is adequate for all Generators. 8.12.020 EXCEPTIONS. Temporary use of twelve-cubic-yard Containers or larger, or temporary compactors for cleanup of lots or buildings shall not be required to be enclosed. 8.12.030 ENCLOSURE CONSTRUCTION STANDARDS. Page 198 ORDINANCE NO. -10- Discarded material enclosures shall be of adequate size to contain, at minimum, a Solid Waste, a Recyclable Materials, and an Organic Materials Container that meet the needs of the facility as required by the California Code of Regulations, Title 23, the California Green Building Standards Code, Chapter 4 Residential Mandatory Measures, and Chapter 5 Nonresidential Mandatory Measures. Minimum construction standards shall be as designated in Exhibits A, B, C, and D as amended of the ordinance codified in this chapter or as approved by the director of public works or designee. Enclosure(s) shall be of adequate size to accommodate facility’s size and use, properly located for functional use by the user and the disposal company, view-obscured from all sides, and built of approved materials compatible to the buildings, walls, and surroundings. Page 199 ORDINANCE NO. -11- Page 200 ORDINANCE NO. -12- Page 201 ORDINANCE NO. -13- Page 202 ORDINANCE NO. -14- Page 203 ORDINANCE NO. -15- Page 204 ORDINANCE NO. -16- 8.12.040 Size. Page 205 ORDINANCE NO. -17- The normal enclosure area for Discarded Materials shall be of a minimum size to enclose all required Containers, with a six-foot, six-inch, ramp approach, and a six-foot- high decorative wall and sight-obscuring gate. Equal space within the enclosures shall be given to Recyclable Materials, Organic Materials, and Solid Waste Containers. More space may be given to the recyclable Materials Container and/or the Organic Materials Container. Deviation in size may be made by the director of public works or their designee. 8.12.050 INSTALLATION. All existing developments described in Section 8.12.010 shall install approved Discarded Material enclosures within one year from the date of approval of the ordinance codified in this chapter, and within thirty days of the official notification by the City of any violation to this chapter. 8.12.060 VIOLATION—PENALTY. It is unlawful for any Person to violate any provision or fail to comply with any of the requirements of this chapter. Any Person violating any provision of this chapter or failing to comply with any of the requirements is deemed guilty of a misdemeanor in accordance with Chapter 1.12 of this code. Section 8.16 of the Code of the City of Palm Desert, California, is hereby amended to read as follows: 8.16 SOLID WASTE 8.16.010 DEFINITIONS. As used in this chapter and Chapters 8.12, 8.17, 8.19, 8.80, and 8.81, the following words and phrases are defined and shall be construed as hereinafter set forth, unless it is apparent from the context that a different meaning was intended. If a term or word is not specifically defined herein but is defined in the California Integrated Waste Management Act of 1989 (California Public Resources Code Sections 40000 et seq.) it shall have the meaning prescribed therein. “CalRecycle” means California’s Department of Resources Recycling and Recovery or its successor. “Citation” or “administrative citation” means an administrative citation issued pursuant to Chapter 1 of this code. “City” means the City of Palm Desert, California. “City Council” means the City Council of the City of Palm Desert, California. “City Manager” means the City Manager of the City of Palm Desert, or their Designee. Page 206 ORDINANCE NO. -18- “City-Regulated Recycle Containers,” as used in this chapter and associated thereto, means all Containers provided by the City or the Franchise Waste Hauler(s) of the City for the Collection of Recyclable Materials. "Collect" or "Collection" means the act of Collecting Solid Waste, including Recyclable Materials and Organic Waste, at or near the place of generation by a Franchise Waste Hauler, and the physical possession, transport, and removal of such materials. “Commercial” or “Commercial Business” means any building or site in any zone of the City, other than Residential Premises, from which any business, service, non-profit, governmental, institutional, commercial, or industrial activity is conducted, including, without limitation, motels, hotels, recreational vehicle parks, Restaurants, professional offices, clubhouses, places of entertainment, manufacturing plants, and private schools, or a Multifamily Residential Dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A Multi-Family Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of implementing this ordinance. “Commercial Edible Food Generator” includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in Chapter 8.16.010 of this ordinance or as otherwise defined in 14 CCR Section 18982(a) (73) and (a) (74). For the purposes of this definition, food recovery organizations and food recovery services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a) (7). “Community Composting” means any activity that composts Organic Material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and Compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8). “Compliance Review” means a review of records by the City to determine compliance with this chapter. “Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this ordinance, that “Compost” means the product resulting from the controlled biological decomposition of organic Solid Wastes that are source separated from the municipal Solid Waste stream, or which are separated at a centralized facility. “Compostable Plastics” or “Compostable Plastic” means plastic materials that meet the ASTM D6400 standard required for a material to be compostable, or as otherwise specified by 14 CCR Section 18982(a)(18). “Contaminated” or “Contamination” (or any variation thereof) means a Container containing: Page 207 ORDINANCE NO. -19- A. Discarded materials placed in a Blue Container that are not identified as Recyclable Materials. B. Discarded materials placed in a Green Container that are not identified as Organic Materials. C. Discarded materials placed in a Gray Container that are identified as Recyclable Materials and/or Organic Materials, which are to be separately Collected. D. Excluded Waste placed in any Container. "Container(s)" means a receptacle for temporary storage of Discarded Materials. Containers include, but are not limited to, bins, carts, roll-off boxes, split bins, compactors, cans, buckets, or other storage instruments. “Container Contamination” or “Contaminated Container” means a Container, regardless of color, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55). "Construction and Demolition Debris," C&D Waste,” or “C&D Material” means any combination of inert building materials and Solid Waste resulting from construction, remodeling, repair, cleanup, or demolition operations as defined in 22 CCR Section 66261.3 et seq. This term includes, but is not limited to, asphalt, concrete, Portland cement concrete, brick, lumber, gypsum wallboard, cardboard, and other associated packaging; roofing material, ceramic tile, carpeting, plastic pipe, and steel. The material may be commingled with rock, soil, tree stumps, and other vegetative matter resulting from land clearing and landscaping for construction or land development projects. “County” means Riverside County. “Curbside Programs,” as used in this chapter and associated thereto, means the location where City-owned Discarded Materials shall be placed and picked up by the City, or Franchise Waste Hauler(s) of the City. “Designated Source Separated Organic Waste Facility” shall have the same definition as 14 CCR § 18982(14.5). “Designee” means an entity that the City contracts with or otherwise arranges to carry out any of the City’s responsibilities of this chapter and as authorized in 14 CCR Section 18981.2. A Designee may be a government entity, a waste hauler, a private entity, or a combination of those entities. “Discarded Material” means Recyclable Materials, Organic Materials, and/or other Solid Waste, in all cases where a fee or other compensation, in any form or amount, is directly or indirectly solicited from, or, levied, charged, or otherwise imposed on, or paid by, the Generator in exchange for handling services. As used herein, handling services include, without limitation, the Collection, removal, transportation, delivery, Recycling, Processing and/or Disposal of the material. Discarded materials do not include Edible Food that is recovered for human consumption and is not discarded. Discarded Page 208 ORDINANCE NO. -20- materials include source separated Recyclable Materials, source separated Organic Materials, Food Waste, Solid Waste, bulky items, and C&D debris once the materials have been placed in Containers for Collection or, if not placed in Containers for Collection, placed properly for Collection. “Disposal” or “Disposed” means the ultimate disposition of Discarded Materials at a landfill or otherwise in full regulatory compliance. “Disposal” does not include Recycling or Organic Materials Processing. “Divert” or “Diversion” (or any variation thereof) means to prevent Discarded Materials from being Disposed of at a landfill or transformation facilities, (including facilities using incineration, pyrolysis, distillation, gasification, or biological conversion methods) through source reduction, reuse, Recycling, Composting, anaerobic digestion, or other method of Processing. “Dwelling” means the individual private Premises contained in any building intended, whether occupied or not, as the residence for one household, regardless of the number of individuals in the household. A building may contain more than one Dwelling Unit. A “Dwelling” does not include hospitals, hotels, motels, nursing homes, or convalescent centers. “Edible Food” means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this ordinance or as otherwise defined in 14 CCR Section 18982(a)(18), “Edible Food” is not Solid Waste if it is recovered and not discarded. “Enforcement Action" means an action of the City to address non-compliance with this ordinance including, but not limited to, issuing Administrative Citations, fines, penalties, or using other remedies. “Excluded Waste” or “Prohibited Waste” means hazardous substances, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, sharps, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City and its Generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, Processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in the City’s, or its Designee’s, reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the City, or its Designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family or Multi-Family Solid Waste after implementation of programs for the safe Collection, Processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. Excluded Waste does not include electronic waste, universal waste, used motor oil and filters, or household batteries when such materials are defined as allowable materials for Collection through the City’s Collection programs and Page 209 ORDINANCE NO. -21- the Generator has properly placed the materials for Collection pursuant to instructions provided by the City or its Designee for Collection services. “Food Distributor” means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section 18982(a)(22). “Food Facility” has the same meaning as in Section 113789 of the Health and Safety Code. “Food Recovery” means actions to collect and distribute food for human consumption which otherwise would be disposed of, or as otherwise defined in 14 CCR Section 18982(a)(24). “Food Recovery Organization” means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities, including, but not limited to: A. A food bank as defined in Section 113783 of the Health and Safety Code. B. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code. C. A nonprofit charitable temporary Food Facility as defined in Section 113842 of the Health and Safety Code. “Food Recovery Service” means a Person who or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). “Food Scraps” includes, but is not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, grains, bread, cheese, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps. “Food Service Provider” means an entity primarily engaged in providing food services to institutional, governmental, Commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27). “Food-Soiled Paper” is paper material that has come in contact with food or liquid, such as, but not limited to, paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons. Food-Soiled Paper excludes Non-Compostable Paper. “Food Waste” means Food Scraps separated from Solid Waste and offered for Collection by Franchise Waste Hauler, that will decompose and/or putrefy including (i) all kitchen and table Food Waste, and animal or vegetable waste that attends or results Page 210 ORDINANCE NO. -22- from the storage, preparation, cooking, or handling of food stuffs; and (ii) Food-Soiled Paper. “Franchise Agreement” means an agreement made by the City with a Franchise Waste Hauler for the Collection of Recyclable Materials, Organic Material and/or Solid Waste. “Franchise Waste Hauler” shall mean any Person, Persons, firm, or corporation to whom a Franchise Agreement has been granted by the City for the Collection, Processing, Recycling, and Disposal of Discarded Materials. “Generator” means a Person or entity that is responsible for the initial creation of one or more types of Discarded Materials. “Hauler Route” means the designated itinerary or sequence of stops for each segment of the City’s Collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5). "Hazardous Material " is defined to include any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government. The term “Hazardous Material” includes, without limitation, any material or substance which is: (i) petroleum or oil or gas or any direct or derivate product or byproduct thereof; (ii) defined as a “hazardous waste,” “extremely hazardous waste” or “restricted hazardous waste” under Sections 25115, 25117 or 25122.7, or listed pursuant to Section 25140, of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law); (iii) defined as a “hazardous substance” under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act); (iv) defined as a “Hazardous Material,” “hazardous substance,” or “hazardous waste” under Sections 25501(j) and (k) and 25501.1 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory); (v) defined as a “hazardous substance” under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances); (vi) “used oil” as defined under Section 25250.1 of the California Health and Safety Code; (vii) asbestos; (viii) listed under Captor 11 of Division 4.5 of Title 22 of the California Code of Regulations, or defined as hazardous or extremely hazardous pursuant to Chapter 10 of Division 4.5 of Title 22 of the California Code of Regulations; (ix) defined as waste or a hazardous substance pursuant to the Porter-Cologne Act, Section 13050 of the California Water Code; (x) designated as a “toxic pollutant” pursuant to the Federal Water Pollution Control Act, 33 U.S.C. Section 1317; (xi) defined as “ hazardous waste” pursuant to the Federal Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq. (42 U.S.C. § 6903); (xii) defined as a “hazardous substance” pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 6901); (xiii) defined as “Hazardous Material” pursuant to the Hazardous Materials Transportation Act 29 U.S.C. Section 5101, et seq.; or (xiv) defined as such or regulated by any “Superfund” or “Superlien” law, or any other federal, State or local law, statute, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of Page 211 ORDINANCE NO. -23- conduct concerning Hazardous Materials and/or oil wells and/or underground storage tanks and/or pipelines, as now, or at any time hereafter, in effect. "Hazardous Waste" means all substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by the State of California in Health and Safety Code §25110.02, §25115, and §25117 or in the future amendments to or recodifications of such statutes or identified and listed as hazardous waste by the US Environmental Protection Agency (EPA), pursuant to the Federal Resource Conservation and Recovery Act (42 USC §6901 et seq.). “Health Officer” includes the Health Officer or other agent of the Health Department of County, and shall include duly authorized personnel of the State Department of Health Services in the enforcement of applicable State law, City ordinance, or State or County rule or regulation in aid thereof. “High Diversion Organic Waste Processing Facility” means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average Mixed Waste organic content Recovery rate of 50 percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for Organic Waste received from the “Mixed waste organic collection stream” as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33). “Inspection” means a site visit where a Designee of the City reviews records, Containers, and an entity’s Collection, handling, Recycling, or landfill Disposal of Discarded Materials or Edible Food handling to determine if the entity is complying with requirements set forth in this ordinance, or as otherwise defined in 14 CCR Section 18982(a)(35). “Large Event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a Local Agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, Street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this ordinance. “Large Venue” means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Page 212 ORDINANCE NO. -24- Venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this ordinance. “Local Education Agency” means a school district, charter school, or County office of education that is not subject to the control of City or County regulations related to Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)(40). “Multi-Family”, “Multi-Family Residential Dwelling,” or “Multi-Family Premises,” for the purpose of SB 1383 means of, from, or pertaining to Residential Premises with five (5) or more Dwelling Units. Multi-Family Premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses. References to “Multi-Family Dwelling Unit” refer to an individual residential unit of the Multi-Family Premises. “Non-Compostable Paper” includes but is not limited to paper that is coated in a plastic material that will not breakdown in the Composting process, or as otherwise defined in 14 CCR Section 18982(a)(41). “Non-Local Entity” means the following entities that are not subject to the City’s enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42): A. Special district(s) located within the boundaries of the City. B. Federal facilities located within the boundaries of the City. C. Public universities (including community colleges) located within the boundaries of the City. D. State agencies located within the boundaries of the City. “Non-Organic Recyclables” means non-putrescible and non-hazardous Recyclable Materials, including but not limited to bottles, cans, metals, plastics, and glass, or as otherwise defined in 14 CCR Section 18982(a)(43). “Notice of Violation” or “(NOV)” means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4. “Organic Materials” are defined as Food Waste, Yard Waste, landscape and pruning waste, nonhazardous wood waste, and Food-Soiled Paper waste that is mixed in with Food Waste. No Discarded Material shall be considered to be Organic Materials, however, unless it is separated from Recyclable Materials and Solid Waste. Organic Materials are a subset of Organic Waste. “Organic Materials Container” or “Green Container” means a Container designated for the Collection of Organic Materials. “Organic Waste” means Solid Waste containing material originated from living organisms and their metabolic waste products, including but not limited to Food Waste, Food Scraps, Yard Waste, organic textiles and carpets, lumber, wood, Paper Products, Page 213 ORDINANCE NO. -25- printing and writing paper, manure, biosolids, digestate, and sludges, or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined in 14 CCR Section 18982(a)(4) and 14 CCR Section 18982(a)(16.5), respectively. “Paper Products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51). “Person” means an individual, group of individuals, and/or any legal entity recognized by the laws of the State. “Premises” means and includes any land, building and/or structure, or portion thereof, in the City where Discarded Materials are produced, generated, or accumulated. All structures on the same legal parcel which are owned by the same Person shall be considered as one Premises. “Processing” means the controlled separation, recovery, volume reduction, conversion, or recycling of Solid Waste including, but not limited to, organized, manual, automated, or mechanical sorting, the use of vehicles for spreading of waste for the purpose of recovery, and/or includes the use of conveyor belts, sorting lines, or volume reduction equipment, or as otherwise defined in 14 CCR Section 17402(a)(20). “Prohibited Container Contaminants” means: A. Discarded Materials placed in the Recyclable Materials Container that are not identified as acceptable Source Separated Recyclable Materials for the City’s Recyclable Materials Container. B. Discarded Materials placed in the Organic Materials Container that are not identified as acceptable Source Separated Organic Materials for the City’s Organic Materials Container. C. Discarded Materials placed in the Solid Waste Container that are acceptable Source Separated Recyclable Materials and/or Source Separated Organic Materials to be placed in City’s Organic Materials Container and/or Recyclable Materials Container. D. Excluded Waste placed in any Container. “Record Owner” means the Owner of a parcel whose name and address appear on the last equalized secured property tax assessment roll, or in the case of any public entity, the State of California, or the United States, means the representative of that public entity at the address of that entity known to the Agency. “Recycle” or “Recycling” means the process of Collecting, sorting, cleansing, treating, and reconfiguring Recyclable Materials for the purpose of returning them to the economic mainstream in the form of raw materials for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. Recycling includes processes deemed to constitute a reduction of landfill Disposal pursuant to 14 CCR, Division 7, Chapter 12, Article 2. Recycling does not include Page 214 ORDINANCE NO. -26- gasification or transformation as defined in Public Resources Code Section 40201. The Collection, transportation, or Disposal of Solid Waste not intended for, or capable of, reuse is not Recycling. “Recycling Business,” as used in this chapter and associated thereto, means any Person or Persons, firm, partnership, joint venture, association, or corporation engaged in the Collection and Recycling of Recyclable Materials. "Recyclable Materials" or “Recyclables” means those Discarded Materials that capable of being set out by Generators in Recyclables Containers for Collection for the purpose of Recycling. Recyclable Materials shall include, but not be limited to: A. Newspaper (including inserts, coupons, and store advertisements); B. Mixed paper (including office paper, computer paper, magazines, junk mail, catalogs, brown paper bags, brown paper, paperboard, paper egg cartons, telephone books, colored paper, construction paper, envelopes, legal pad backings, shoe boxes, gable top beverage Containers, cereal and other similar food boxes, yet excluding paper tissues, paper towels, paper with plastic coating, paper Contaminated with food, wax paper, foil-lined paper and cartons, and Tyvex non-tearing paper envelopes); C. Chipboard; D. Corrugated cardboard; E. Glass containers of any color (including brown, clear, and green glass bottles and jars); F. Aluminum (including beverage Containers and small pieces of scrap metal); G. Steel, tin, or bi-metal cans; H. Mixed plastics such as plastic Containers (no. one (1) to seven (7)), except expanded Polystyrene (EPS), and I. Bottles (including bottles made of HDPE, LDPE, or PET). “Recyclable Materials Container,” “Recyclables Container,” Or “Blue Container” means a Container designated for the Collection of Recyclable Materials. “Residential” means any Residential Dwelling. “Residential Complex” refers, without regard to form of ownership, to a parcel of Property with no more than four separate Dwelling Units, each unit intended for occupancy by separate households, that provides on such parcel off street parking for residents of the complex. “Responsible Party” means the Owner, Property Manager, Tenant, lessee, occupant, or their other Designee that subscribes to and pays for Recyclable Materials, Organic Materials, and/or Solid Waste Collection services for a Premises in the City, or, if there is no such subscriber, the Owner or Property Manager of a Single-Family Premises, Multi-Family Premises, or Commercial Premises. In instances of dispute or uncertainty Page 215 ORDINANCE NO. -27- regarding who is the Responsible Party for a Premise, Responsible Party shall mean the Owner of a Single-Family Premises, Multi-Family Premises, or Commercial Premises. “Restaurant” means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64). “Route Review” means a visual Inspection of Containers along a waste hauler’s route for the purpose of determining Container Contamination and may include mechanical Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65). “SB 1383” means Senate Bill 1383 (Chapter 395, Statutes of 2016). “SB 1383 Regulations” or “SB 1383 Regulatory” means or refers to the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR. “Self-Haul” means to act as a Self-Hauler. “Self-Hauler” means a Person, who hauls Solid Waste, Organic Waste, or Recyclable Material they have generated to another Person. Self-Hauler also includes a landscaper, or a Person who back-hauls waste. Back-haul means generating and transporting Recyclable Materials or Organic Waste to a destination owned and operated by the Generator using the Generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A). “Solid Waste” means all discarded putrescible and non-putrescible solid, semi-solid, and liquid wastes, including refuse, Construction and Demolition Debris, bulky items, Recyclable Materials, and Organic Waste, or any combination there-of which are permitted to be Disposed of in a Class III landfill, and which are included in the definition of “non-hazardous solid waste” set forth in the California Code of Regulations. "Solid Waste" means all Solid Wastes generated by Residential, Commercial, and industrial sources, and all Solid Waste generated at construction and demolition sites, and at treatment works for water and wastewater, which are Collected and transported under the authorization of the City or are Self-Hauled by businesses or contractors. Solid Waste does not include agricultural crop residues, mining waste and fuel extraction waste, forestry wastes, ash from industrial boilers, furnaces and incinerators or Hazardous Material, any waste which is not permitted to be Disposed of at a Class III landfill and which fall within the definition of “nonhazardous solid waste” set forth in Title 23, Chapter 15, Section 2523(a) of the California Code of Regulations as amended or designated Class II wastes. Materials shall be deemed “Solid Waste” consistent with the meaning of California Public Resources Code Section 40191, and for purposes of this municipal code shall be regulated as such, whether or not they may be potentially Recyclable Materials or Organic Materials, in either of the following instances: (a) the Page 216 ORDINANCE NO. -28- material is mixed or commingled with other types of solid waste such that more than 65% of the material consists of solid waste rather than Recyclable Materials or Organic Materials, or (b) the payment of a fee, charge, or other consideration, in any form or amount, is directly or indirectly solicited or received from the Generator by any Person or combination of Persons in exchange for Collection, removal, transportation, storage, Processing, handling, consulting, container rental or Disposal services (“fee for service” Recycling), whether or not arranged by or through a subcontractor, broker, agent, consultant, or affiliate of the provider of such service. “Solid Waste Container” or “Gray Container” shall be used for the purpose of storage and Collection of Solid Waste. “Source Separated” or “Source-Separated Materials” means materials, including commingled Recyclable Materials and Organic Materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or Processing those materials for Recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of the ordinance, Source Separated shall include separation of materials by the Generator, Responsible Party, or Responsible Party’s employee, into different containers for the purpose of Collection such that Source-Separated Materials are separated from other Solid Waste for the purposes of Collection and Processing. “State” means the State of California. “Supermarket” means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71). “Tax roll” means the assessment roll upon which general taxes of the City are collected by the County. “Tax roll billing” means the collection of Discarded Material fees from Single-Family Residential complexes, and any associated penalties and interest, on tax roll. “Three-Container System” means a Collection system in which Generators are required to Source Separate Discarded Materials into three streams: Solid Waste, Source Separated Recyclable Materials and Source Separated Organic Materials for placement in Containers specifically designated for those materials. “Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one or more of the following: A. Supermarket; B. Grocery Store with a total facility size equal to or greater than 10,000 square feet; Page 217 ORDINANCE NO. -29- C. Food Service Provider; D. Food Distributor; or E. Wholesale Food Vendor. If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this ordinance. “Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one or more of the following: A. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet; B. Hotel with an on-site Food Facility and 200 or more rooms; C. Health facility with an on-site Food Facility and 100 or more beds; D. Large venue; E. Large event; or F. A State Agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet. G. A Local Education Agency facility with an on-site Food Facility If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this ordinance. “Waiver Holder” means a Commercial Business that may apply for a waiver under Section 10.10.120. Under these circumstances, the City Manager or their Designee may issue special written permits (waivers) authorizing variations from the provisions of this chapter. Special written permits include de minimis waivers and physical space waivers. “Wholesale Food Vendor” means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76). “Yard Waste” means leaves, grass clippings, brush, branches, and other forms of Organic Materials generated from landscapes or gardens, which have been source separated from other Solid Waste. Yard waste is a subset of Organic Materials and excludes Hazardous Materials. 8.16.020 OWNER’S RESPONSIBILITY. Every Person in charge of a residence or residences, whether Single-Family or Multi- Family, shall make arrangements with the Person authorized by law, to have removed, not less than once a week, from the Property upon which the residence or residences are located, all Discarded Materials created or produced or brought upon the Premises. Page 218 ORDINANCE NO. -30- Every Person in charge of a Commercial or industrial building shall not less than twice a week cause to be removed from the Property upon which the building is located all Discarded Materials created or produced or brought upon the Premises; provided, however, that upon written approval of the Health Officer, Discarded Materials created, produced or brought upon the Premises of an industrial or Commercial building may be removed not less than once a week. This latter provision, however, will not apply to food handling establishments from which Discarded Materials shall be caused to be removed not less than twice a week. Those food handling establishments having a self-contained compactor may, with the written approval of the supervising sanitarian, Department of Health, have their Discarded Materials removed once a week. This approval will be on a case-by-case basis. 8.16.030 CONTAINER SPECIFICATIONS. Every Person in charge of a residence, Commercial or industrial business shall deposit or cause to be deposited all Discarded Materials in standard Containers or Commercial Containers as approved by the Health Officer and the Solid Waste supervisor. Containers shall align with specifications in the Franchise Agreement with the Franchise Waste Hauler. No later than January 1, 2036, all Containers will comply with the Discarded Material Container color scheme as determined in Section 1898.4.1 of SB 1383; Solid Waste Containers will be gray or black, Recyclable Materials Containers will be blue, and Organic Waste Containers will be green. Solid Waste shall be Collected and stored as specified in the agreement with Franchise Waste Hauler. No Person shall maintain or place for Collection any Container not in conformance with the standard Container designated in this section and no Person authorized to Collect Discarded Materials shall remove contents of Containers not in conformance with the standard Container No Container shall be placed adjacent to a street or public right-of-way for Collection service more than twelve hours prior to the normal Collection time and shall be removed from the Street or right-of-way location within twelve hours after Collection. 8.16.035 STORAGE OF CONTAINERS IN RESIDENTIAL DISTRICTS. Every Person in charge of a residence shall, upon completion of the normal Collection, as defined in Section 8.16.010, store Containers in such a manner as not to be viewable by the public from a public right-of-way in order to maintain the aesthetic and Property values of surrounding Property. 8.16.040 REMOVAL PROHIBITED WHEN. It is unlawful for any Person other than the Person in charge of a residence, Commercial or industrial business, or the Person authorized by law to remove any Container from the location where the Container was placed by the Person in charge for storage or Collection, or to remove any Discarded Materials from the location in which the Discarded Materials were placed by the Person in charge for storage or Collection, without prior written approval of the Person in charge. It is unlawful to place Solid Waste, including Recyclable Materials and Organic Materials, in any standard Container without prior written approval of the Person in charge of the Container. Page 219 ORDINANCE NO. -31- 8.16.050 NONCOMPACTIBLE SOLID WASTE. No Person shall place noncompactible solid waste adjacent to a Street or public right-of- way for Collection or removal purposes without prior approval and arrangements with the Franchise Waste Hauler. 8.16.060 PERMITTED SELF-HAULER REQUIREMENTS. No Person or resident of the City shall remove, transport, or convey any Solid Waste upon or along any Street, alley, or place within the City, unless they hold a Franchise Agreement or other contract with the City for the Collection and Disposal thereof or are a permitted Self-Hauler or landscaper and gardener as set forth below. Every permitted Self-Hauler shall either: A. Source Separate all Recyclable Materials and Organic Materials (materials that City otherwise Collects in their Organic Materials and Recyclable Materials Collection services) generated on site from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, and transport Solid Waste to permitted transfer or disposal facility; haul their Source Separated Recyclable Materials to a facility that recovers those materials; and, haul their Source Separated Organic Waste to a facility, operation, activity, or property that processes or Recovers Source Separated Organic Waste. B. Alternatively, Self-Haulers may haul Discarded Materials to a City-approved High Diversion Organic Waste Processing Facility. Self-Haulers that are Responsible Parties of Commercial Businesses or Multi-Family Premises shall keep records of the quantity of Recyclable Materials, Organic Waste, and Solid Waste delivered to each facility, operation, activity, or property that processes or recovers Recyclable Materials and Organic Waste and processes or Disposes of Solid Waste or shall keep records of Solid Waste delivered to High Diversion Organic Waste Processing Facilities. Self-Haulers shall retain all records and data required to be maintained by this Section for no less than five (5) years after the Recyclable Materials, Organic Materials, and/or Solid Waste recorded was first delivered to the entity accepting the material. These records shall be subject to Inspection by the City or its Designee. The records shall include the following information: 1. Delivery receipts and weight tickets from the entity accepting the Recyclable Materials, Organic Materials, and Solid Waste. 2. The amount of material in cubic yards or tons transported by the Generator to each entity. 3. If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the Self-Hauler’s vehicle in a manner that allows it to determine the weight of materials received, the Self-Hauler is not required to record the weight of material but shall keep a record of the entities that received the Recyclable Materials, Organic Materials, and Solid Waste. Records shall include the name, address, City, State, zip code, phone number, and email of the entity. Page 220 ORDINANCE NO. -32- C. The City Manager may require Self-Haulers to obtain a Self-Hauler permit. The City Council may impose and modify fees for such permit by resolution. The City Manager shall adopt and implement administrative policies regarding the application, issuance, and a Self-Hauler may be required to obtain a Self-Hauler permit in accordance with City’s administrative policies as adopted by the City Manager, including, but not limited to, fees and the requirement to provide additional information). D. Only Commercial Businesses or Multi-Family Premises may be permitted to Self- Haul. All Self-Haulers shall provide copies of records required by this Section to City if requested by the City Manager or their Designee and shall provide the records at the frequency requested by the City Manager or their Designee. E. Where Yard Waste Diversion is incidental to landscaping contracts between Commercial Business and their gardening or landscaping service providers: 1. A Commercial Business contracting for gardening or landscaping services shall require written contracts which contain the following provisions: a. All Yard Waste generated at the Premises by the landscaping or gardening service shall be Diverted from Disposal by one or more of the methods in this Chapter 8.16.060. b. A requirement that the landscaper, gardener, or any third party(ies) certify in writing that the requirements set forth in Subsection (E) of this section are being met. c. A requirement that the landscaper, gardener, or any third party(ies) annually certify in writing that it is compliant with this section 8.16.060 by completing and submitting to City a City-provided reporting form. d. Upon request of a Commercial Business, the landscaper, gardener, or any third party(ies), are required to provide copies of weight tickets from the permitted processing facility(ies) where the Yard Waste from Premises within City were delivered by the landscaper or gardener. F. Upon City request, beginning January 1, 2022, Commercial Businesses that contract with a landscaping or gardening service provider shall complete and submit a compliance reporting form as provided by the City with the following items attached: 1. Copies of landscaper, gardener, or any other third party(ies) certification(s) that certify that the requirements set forth in Subsections (E) of this section were met during the preceding twelve (12) months. Upon request by the City, a Commercial Business contracting for gardening or landscaping services shall provide copies of the contracts, receipts, and/or weight tickets from the permitted processing facility(ies) to the City within thirty (30) calendar days of service of the City’s request for such documents. 8.16.070 FRANCHISE WASTE HAULER AND TRUCKS. In accordance with any Franchise Agreement with the City: Page 221 ORDINANCE NO. -33- A. The Franchise Waste Hauler shall provide sufficient Collection equipment to maintain a regular schedule of Collection. B. Trucks used for the Collection or transportation of Discarded Materials shall be leak-proof and equipped with a close-fitting cover which shall be affixed in a manner that will prevent spilling, dropping, or blowing away of any Discarded Materials upon the public right-of-way during Collection or transportation. C. All trucks used for Collection or transportation of Discarded Materials shall be maintained in a clean and sanitary condition, neatly and uniformly painted, and shall carry a shovel, broom, and fire extinguisher of such reasonable type, size, and condition as to be commercially reasonable for the provision of Collection services. D. The Person that owns any trucks used for Collection or transportation of Discarded Materials shall have their name, address, telephone number, and truck number printed on each side of all trucks in letters not less than three inches high and of such a color as to be legible against the color of the surface on which they are printed. E. All Collection trucks, tanks, Containers, and other receptacles used to transport Discarded Materials shall be cleaned and disinfected both on the inside and outside thereof at least once daily, and at all times shall be kept free from any Solid Waste on the outside thereof. F. The Franchise Waste Hauler shall maintain in good repair all Containers furnished to any Person. 8.16.080 HAZARDOUS WASTE. Every Person who collects or hauls hazardous or extremely Hazardous Waste shall immediately notify the Health Officer, in writing, listing the following information: A. The name, address, and telephone number of the collector or hauler. B. The name, address, and telephone number of the facilities from which the hazardous or extremely hazardous waste is collected. C. A description of the type of hazardous or extremely hazardous waste collected, as represented in writing by the administrator of the facility including the amounts collected measured in cubic feet and the frequency of collection. D. The name, address, and telephone number of the waste disposal facility that is used for the final disposal of the hazardous or extremely hazardous waste. 8.16.090 VIOLATION—PENALTY. It is unlawful for any Person to violate any provision or fail to comply with any of the requirements of this chapter. Responsible Parties who are the Owner, Tenant, lessee, or Person in control of Premises in the City, and who, after written Notice of Violation from the City, fails or refuses to correct such violation of this chapter within the time specified in such written notice is deemed to have committed an infraction or a misdemeanor in accordance with Chapter 1.12 of this code. Page 222 ORDINANCE NO. -34- 8.16.100 DEPOSITS OF HAZARDOUS MATERIALS—CLEAN-UP OR ABATEMENT— LIABILITY FOR COSTS. A. The Fire Department and the Public Works Department are authorized to clean up or abate the effects of any Hazardous Material deposited upon or into Property or facilities of the City; and any Person or Persons who intentionally or negligently cause such deposit shall be liable for the payment of all costs incurred by the Fire Department and/or the Public Works Department as a result of such clean-up or abatement activity. The remedy provided in this section shall be in addition to any other remedies provided by law. B. For purposes of this section, costs incurred by the Fire Department and/or the Public Works Department shall include, but shall not necessarily be limited to, the following: actual labor costs of City personnel, including workers’ compensation benefits, fringe benefits, and administrative overhead; cost of equipment operation; cost of materials obtained directly by the City; and cost of any contract labor and materials. C. The authority to recover costs under this section shall not include actual fire suppression services which are normally or usually provided by the Fire Department. 8.16.110 TAX ROLL BILLING. Exclusive Franchise. The City has an exclusive Franchise Agreement with the Franchise Waste Hauler for the Collection and handling of Discarded Materials within the City. All Generators within the City are required to subscribe to the Franchise Waste Hauler’s provided program for the Collection and handling of Discarded Materials, unless explicitly exempted by the City through a waiver as defined in Chapter 8.19.090. A. Record Owner. Effective July 1, 2015, all Collection service accounts for Single- Family Residential Premises shall be established and held in the legal Record Owner’s name. The Record Owner shall be responsible for the payment of collection service fees for their parcel. B. Franchise Waste Hauler Service Fees. The City may use tax roll billing to collect the Collection service fees imposed on the parcel of the Record Owner of a Single- Family Residential Premise. C. Franchise Waste Hauler Service Fees When Due. Collection service fees imposed on Single-Family Residences or Dwellings pursuant to this chapter shall be deemed delinquent if not paid within sixty (60) days of the date they are due to be paid to the County. All other Collection service fees shall be deemed delinquent if not paid within thirty (30) days following the billing statement date. D. Penalty. A penalty in an amount not to exceed ten percent (10%) of the Collection service fees which are delinquent shall be imposed upon the Record Owner or the Generator holding the service account with the City of a parcel as to which Collection service fees are delinquent, if not paid in the time and manner prescribed, and in addition may provide for a penalty not to exceed one and one-half percent (1.5%) per month for nonpayment of the Collection service fees and basic penalty. Page 223 ORDINANCE NO. -35- E. Remedies. Any remedies for the Collection and Enforcement of Collection service fees, rates, or other charges are cumulative, and the City may pursue remedies alternatively or consecutively or authorize the County to undertake action(s). F. Exception—New Developments. These requirements shall not apply to any Residential Premises that are part of new developments (i.e. new construction) until such time as one or more of the newly-constructed Residential Dwelling Units are first occupied. G. Temporary Suspension of Service. The Record Owner of a Single-Family Residential Property may suspend service for a total of four (4) months, split into either one request for a total of four (4) consecutive months or two (2) requests with each request being a maximum of two (2) consecutive months during which Generators are not residing at the Residential Premises. Any Person seeking to avail themself of the exception provided herein shall bear the burden of providing reasonable evidence to the City or its authorized representative, pursuant to such regulations or guidelines as the City Manager is hereby authorized to develop, demonstrating that the Premises was or will be vacant for the period in question. At such time as the Property is reoccupied, a restart fee will apply in addition to any Discarded Material service fees per the City’s Franchise Agreement with the Franchise Waste Hauler. The re-start fee only applies when service has been suspended and re-started at the same location by the same Record Owner, and does not apply to a new Property Owner establishing service at a new address. Section 8.17 of the Code of the City of Palm Desert, California, is hereby amended to read as follows: 8.17 RECYCLABLE MATERIALS 8.17.010 DEFINITIONS. Words and phrases defined in Chapter 8.16 of this municipal code shall have the same meanings when used in this chapter. 8.17.020 OWNERSHIP OF RECYCLABLE MATERIALS. A. Recyclable Materials placed in a City-regulated Recyclable Materials Container shall become the Property of the City at the time such Containers are set out for Collection by the Franchise Waste Hauler. Such Recyclable Materials shall be deemed discarded by the owner and shall be subject to any Franchise Agreement of the City. The Franchise Waste Hauler(s) of the City shall have the exclusive duty, right, and privilege to collect, transport, and process such Recyclable Materials. B. Recyclable Materials that are not set out for Collection by the Franchise Waste Hauler remain the Property of the Owner. 8.17.030 Removal of Recyclable Materials. Page 224 ORDINANCE NO. -36- A. No Person other than the City or the Franchise Waste Hauler(s) of the City acting in the scope of their Agency or employment shall remove any Recyclable Materials from a City-regulated Recyclable Materials Container. B. It is unlawful for any Person to do the following to any Recyclable Materials Container: C. Tamper or meddle with such a Container. 1. Tamper or meddle with the contents of any such Container. 2. Remove any such Container, its contents, or Recyclable Material lawfully placed alongside the Container from the location where the Container or such Recyclable Material has been placed for pick up by the City, the Franchise Waste Hauler(s) of the City, or a licensed Recycling Business. 8.17.040 OPERATION OF RECYCLING BUSINESS. A. No Person shall operate a Recycling Business in the City without first obtaining a business license pursuant to the provisions established in Chapter 5.04 of this code. B. Any Recycling Business operating in the City shall, at all times of doing business, maintain insurance in an amount specified by the business license agreement. The insurance shall include, but shall not be limited to, worker’s compensation, vehicle and comprehensive general liability insurance. The Recycling Business shall provide the City with copies of the insurance policies and certificates of insurance at the following times: C. Proof of insurance shall be provided to the City at the time a business license is sought. 1. Proof of insurance shall be provided to the City at the time the renewal of a business license is sought. 2. Proof of insurance shall be provided to the City within ten business days of receiving a written request from the City. 3. Any Recycling Business operating in the City shall be responsible for removing debris and materials which it has caused to fall in the public right-of-way during Collection and transportation. D. Any Recycling Business operating vehicles in the City shall have the name of the licensed Recycling Business, address, telephone number, and truck number printed on each side of the vehicle, in letters not less than three inches high. E. Any Recycling Business operating in the City shall maintain a record of its waste Diversion. The record shall include, but not be limited to the total tonnage of Recyclable Materials Collected, the types of Recyclable Materials Collected, the location where the Recyclable Materials are Diverted and the type of Recycling program utilized. F. Any Recycling Business operating in the City shall deliver, or cause to be delivered, to the City quarterly reports concerning its waste Diversion. The reports shall be on forms provided by the City, and shall provide the City with information including, but not limited to the information required to be maintained Page 225 ORDINANCE NO. -37- in accordance with Section 8.17.040(E) of this code. The reports shall be submitted within forty-five days after the end of each calendar quarter. 8.17.050 VIOLATION—PENALTIES. It is unlawful for any Person to violate any provision or fail to comply with any of the requirements of this chapter. 8.17.060 Other remedies. A. After giving written notice of noncompliance and holding a hearing, the City Manager or director of code compliance, as appropriate, may suspend or revoke any business license issued under this chapter. B. After giving written notice of noncompliance and holding a hearing, the City Manager or director of code compliance, as appropriate, may impound any vehicle that is not maintained in accordance with the provisions established in Section 8.17.040(D) of this chapter. C. If a Person has violated or failed to comply with any provision of this chapter, the City Manager or director of code compliance, as appropriate, may seek all other civil remedies including, but not limited to, injunctive relief. 8.17.070 ENFORCEMENT—COSTS RECOVERABLE. The City Attorney, on behalf of the City, may take appropriate legal action against a Person to recover the costs associated with enforcement of this chapter against such a Person. Such costs shall include, but are not limited to, administrative costs, court costs, attorneys’ fees, and other expenses related to enforcing the provisions of this chapter. Section 8.19 of the Code of the City of Palm Desert, California, is hereby amended to read as follows: 8.19 REQUIREMENTS FOR COLLECTION OF SOLID WASTE, RECYCLABLE MATERIAL, AND ORGANIC MATERIAL FOR ALL RESIDENTS 8.19.010 PURPOSE AND STATUTORY AUTHORITY. The purpose of this chapter is to regulate the storage, Collection, Processing, and Disposal of Solid Waste, Recyclable Material and organic Material in the City. The ordinance codified in this chapter is adopted pursuant to the authority contained in general statutes governing powers of municipalities and various Federal and State statutes specifically regulating Solid Waste, recyclable Materials, and Organic Material. 8.19.020 DEFINITIONS. Words and phrases defined in Chapter 8.16 of this municipal code shall have the same meanings when used in this chapter. Page 226 ORDINANCE NO. -38- 8.19.030 City to provide Collection and Disposal. A. The Franchise Waste Hauler shall provide for Collection, Processing, and Disposal of Discarded Materials, in a three-Container system, including Solid Waste, Recyclable Material, and Organic Material Collection service when placed for Collection pursuant to this chapter. B. Compliance with the requirements of this chapter is necessary to procure the Collection and removal of all Solid Waste, Recyclable Material, and Organic Material from Residential and Commercial Generators, and such compliance shall be a defense to any prosecution for failure to remove or Dispose thereof. 8.19.040 CONTAINERS—GENERAL REQUIREMENTS. A. Every Person having charge or control of Residential or Commercial Premises in the City where Discarded Material accumulates shall Source Separate and keep the Solid Waste, Recyclable Material, and Organic Material in the designated Containers obtained exclusively through the Franchise Waste Hauler for use in the Franchise Waste Hauler’s Collection program. Containers assigned by or obtained from the Franchise Waste Hauler shall remain at all times Property of the Franchise Waste Hauler. At no time and under no circumstances shall the Container(s) be removed from the Property to which it was assigned. Ordinary wear and tear to Containers will be repaired and maintained by the Franchise Waste Hauler at no additional cost; damage caused by Generator abuse or negligence shall be charged to the Generator, or as otherwise provided in the Franchise Agreement. B. Persons served by the Collection program shall only use the approved Containers to be obtained exclusively through the Franchise Waste Hauler. No other Containers are allowed. C. The Franchise Waste Hauler shall replace existing Containers with Containers that meet State mandated color requirements, pursuant to 14 CCR Section 18984.9(b), if not already compliant, at the end of the useful life of those Containers, or prior to January 1, 2036, whichever occurs first. D. Solid Waste Containers shall be gray or black. 1. Recyclable Material Containers shall be blue. 2. Organic Material Containers shall be green. 3. If applicable, Source Separated Food Waste containers shall be brown. 8.19.050 CONTAINERS – PLACEMENT, CAPACITY, AND PICKUP. A. Containers shall be placed at or as near to the curb or edge of road as possible, so as to be accessible to Collection crews. Placement must be such that there is no interference with Collection (e.g., too close to vehicles, other refuse Containers, poles, fences, mailboxes, and other obstacles). Containers must be placed at the designated pickup area by five-thirty (5:30) a.m. on the scheduled day of Collection. No Container shall be placed curbside or adjacent to a Street more than twelve (12) hours prior to the normal Collection time and shall be removed from curb or Street location within twelve (12) hours after Collection. Page 227 ORDINANCE NO. -39- B. Toxic or Hazardous Materials, dead animals, building materials, large Yard Waste, and bulky items such as household furnishings or appliances are prohibited from being placed in Containers. C. Use of paper or plastic bags for Solid Waste Disposal is allowed. Bags are to be used in accordance with the Franchise Waste Hauler’s Franchise Agreement with the City. D. Exceptions to proper Container placement due to terrain, disabilities, complexes with centralized Disposal setups (e.g., apartments and condos with four or more units, two-story Residential units) may be considered when such conditions exist that prevent automated service. Exemptions shall be made on a case-by-case basis by the City. 8.19.060 GENERATOR REQUIREMENTS – SINGLE-FAMILY GENERATORS. Responsible parties of Single-Family Premises shall comply with the following requirements: A. Subscribe to and pay for the Franchise Waste Hauler’s three-Container system Collection services for weekly Collection of Recyclable Materials, Organic Materials, and Solid Waste generated by the Single-Family Premises and comply with requirements of those services as described below in Section 8.19.060(B). City shall have the right to review the number and size of a Generator’s Containers to evaluate adequacy of capacity provided for each type of Collection service for proper Source Separation of materials and containment of materials. The responsible parties for Single-Family Premises shall adjust their service level for the Collection services as requested by the City. The responsible parties for Single-Family Premises shall participate in the Franchise Waste Hauler’s Discarded Materials Collection service(s) by placing Source Separated Discarded Materials in their appropriate Containers. B. Participate in the Franchise Waste Hauler’s three-Container system service(s) (Recyclable Materials Container, Organic Materials Container, and Solid Waste Container) in the manner described below. C. Place and/or direct its Generators to place Source Separated Organic Materials, including Food Waste, in the Organic Materials Container; Source Separated Recyclable Materials in the Recyclable Materials Container; and Solid Waste in the Solid Waste Container. 1. Refrain from placing and/or directing its Generators to place Prohibited Container Contaminants in Collection Containers, and shall not place materials designated for the Organic Materials Container or Recyclable Materials Container in the Solid Waste Container. 2. City Manager, or their Designee, shall have the right to review the number and size of a Generator’s Containers to evaluate adequacy of capacity provided for each type of Collection service, and for proper Source Separation and containment of Discarded Materials. Page 228 ORDINANCE NO. -40- D. If approved or directed by City, the Franchise Waste Hauler shall have the right to assess a Contamination processing fee and/or a Contamination penalty when Prohibited Container Contaminants is/are found in any Containers. E. Nothing in this Section prohibits a Responsible Party or Generator of a Single- Family Premises from preventing or reducing Discarded Materials generation, managing Organic Waste on-site, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c). F. It shall be the duty of every Person occupying a Residential Dwelling within the City to keep the Premises in their control in a “sanitary condition,” which is hereby defined to mean that all parts thereof are free and clean of any accumulation of Discarded Materials. 8.19.070 GENERATOR REQUIREMENTS – MULTI-FAMILY GENERATORS. Responsible parties of Multi-Family Premises (except responsible parties of Multi- Family Premises that meet the Self-Hauler requirements in Section 8.16.060 of this chapter) shall: A. Subscribe to the Franchise Waste Hauler’s three- or three-plus-Container system for all Discarded Materials generated. City Manager or their Designee shall have the right to review the number and size of a Generator’s Containers and frequency of Collection to evaluate adequacy of capacity provided for each type of Collection service; and Multi-Family Premises shall adjust their service level for their Collection services as requested by the City, if City determines that inappropriate level of service results in Generators’ non-compliance with this Chapter 8.19.070. B. Except Multi-Family Premises that meet the Self-Hauler requirements in Chapter 8.16.060 of this ordinance, participate in the three- or three-plus-Container system, dependent on the available program offered by the Franchise Waste Hauler, for at least weekly Collection of Recyclable Materials, Organic Materials, and Solid Waste in the manner described below. 1. Shall subscribe to the three- or three-plus-Container Collection service (Recyclable Materials Container, Organic Materials Container, and Solid Waste Container, and if applicable, source Separated Food Waste Container) i. Three-Container: Place and/or direct its Generators to place Source Separated Organic Materials, including Food Waste, in the Organic Materials Container; Source Separated Recyclable Materials in the Recyclable Materials Container; and Solid Waste in the Solid Waste Container. ii. Three-plus-Container: Place and/or direct its Generators to place Source Separated Organic Materials, except Food Waste, in the Organic Materials Container; Source Separated Food Waste in the Source Separated Food Waste Container; Source Separated Recyclable Materials in the Recyclable Materials Container; and Solid Waste in the Solid Waste Container. Page 229 ORDINANCE NO. -41- 2. Shall not place or direct its Generators place Prohibited Container Contaminants in Collection Containers, and shall not place Organic Materials or Recyclable Materials in the Solid Waste Container. 3. If approved or directed by the City, the Franchise Waste Hauler shall have the right to assess a Contamination processing fee and/or a Contamination penalty when Prohibited Container Contaminants are found in any Containers. C. Participate in the Franchise Waste Hauler’s Discarded Materials Collection service(s) by Source Separated Discarded Materials into their respective Containers. D. Supply and allow access to adequate number, size, and location of Collection Containers for employees, contractors, Tenants, and customers, consistent with City’s approved Container Collection service. E. Annually provide to employees, contractors, Tenants, and Generators educational information about Organic Waste Recovery requirements and about proper sorting of Source Separated Organic Material, Source Separated Recyclable Materials, and Source Separated Food Waste into their respective Containers. F. The Responsible Party of a Multi-Family Premises shall provide educational information to new Tenants before or within fourteen (14) days of their inhabitation of the Multi-Family Dwelling Unit. Educational information will describe requirements to keep Source Separated Organic Material and Source Separated Recyclable Materials separate from Solid Waste and the location of Containers and the rules governing their use at each Property. G. Provide or arrange access for City or its Designee to their properties during all Inspections conducted in accordance with Chapter 8.19.120 to confirm compliance with the requirements of this chapter. H. Nothing in this section prohibits a Generator from preventing or reducing Organic Waste generation, managing Organic Material on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c). I. It shall be the duty of every Person in possession, charge, or control of any Multi- Family Premises within the City to keep the Premises in their control in a “sanitary condition”, which is hereby defined to mean that all parts thereof are free and clean of any accumulation of Discarded Material outside of a lawful Container. J. Multi-Family Premises that generate two (2) cubic yards or more of total Solid Waste, Recyclable Materials, or Organic Materials per week (or other threshold defined by the State) that arrange for gardening or landscaping services shall require that the contract or work agreement between the Owner, Occupant, or operator of a Multi-Family Premises and a gardening or landscaping service specifies that the designated Organic Materials generated by those services be managed in compliance with this chapter. K. If the Responsible Party of a Multi-Family Premises wants to Self-Haul, they must meet the Self-Hauler requirements of Chapter 8.16.060 of this ordinance. 8.19.080 GENERATOR REQUIREMENTS – COMMERCIAL BUSINESSES. Page 230 ORDINANCE NO. -42- Responsible parties of Commercial Businesses (which does not include Multi-Family Premises) shall: A. Subscribe to the Franchise Waste Hauler’s three-Container system for all Discarded Materials generated. City or its Designee shall have the right to review the number and size of a Generator’s Containers and frequency of Collection to evaluate adequacy of capacity provided for each type of Collection service; and Commercial Businesses shall adjust their service level for their Collection services as requested by the City. B. Participate in the Franchise Waste Hauler’s Discarded Materials Collection service(s) by placing Source Separated Discarded Materials into their respective Containers. C. Supply and allow access to adequate number, size, and location of Collection Containers with sufficient labels or colors (conforming with Chapters 8.19.080(E)(1) and (E)(2) below) for employees, contractors, Tenants, and Generators, consistent with City’s Discarded Materials Collection service. D. Except Commercial Businesses that meet the Self-Hauler requirements of Chapter 8.16.060, participate in the City’s three- or three-plus-Container system, dependent on which program is currently available by Franchise Waste Hauler, for at least weekly Collection of Recyclable Materials, Organic Materials, and Solid Waste in the manner described below: 1. Shall subscribe to the three- or three-plus-Container Collection service. a. Three-Container: Place and/or direct its generators to place source separated Organic Materials, including Food Waste, in the Organic Materials Container; source separated Recyclable Materials in the Recyclable Materials Container; and Solid Waste in the Solid Waste Container. b. Three-plus-Container: Place and/or direct its Generators to place Source Separated Organic Materials, except Food Waste, in the Organic Materials Container; Source Separated Food Waste in the Source Separated Food Waste Container, Source Separated Recyclable Materials in the Recyclable Materials Container; and Solid Waste, in the Solid Waste Container. 2. Shall not place or direct its Generators place Prohibited Container Contaminants in Collection Containers, and shall not place Organic Materials or Recyclable Materials in the Solid Waste Container. 3. If approved or directed by the City, the Franchise Waste Hauler shall have the right to assess a Contamination processing fee and/or a Contamination penalty when Prohibited Container Contaminants are found in any Container. E. Provide Containers for the Collection of Discarded Materials in all indoor and outdoor areas where Containers are provided for Generators for all Discarded Materials generated by that business. Such Containers do not need to be provided in restrooms. If a Commercial Business does not generate any of the materials that would be collected in any one type of Container, then that business does not have to provide that particular Container in all areas where Disposal Page 231 ORDINANCE NO. -43- Containers are provided for Generators. Pursuant to 14 CCR Section 18984.9(b), the Containers provided by the business shall have either: 1. A body or lid that conforms with the Container colors provided through the Collection service provided by City, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements as detailed in Chapter 8.19.040. A Commercial Business is not required to replace functional Containers, including Containers purchased prior to January 1, 2022, that do not comply with the requirements of this subsection to the end of the useful life of those Containers, or prior to January 1, 2036, whichever comes first. 2. Container labels that include language or graphic images, or both indicating the primary material accepted and the primary materials prohibited in that Container, or Containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the Container. Pursuant 14 CCR Section 18984.8, the Container labeling requirements are required on new Containers commencing January 1, 2022. F. Prohibit employees from placing materials in a Container not designated for those materials to the extent practical through education, training, Inspection, and/or other measures. G. Annually inspect Recyclable Material, Organic Material, and Solid Waste Containers for Contamination and inform employees if Containers are Contaminated and of the requirements to keep contaminants out of those Containers pursuant to 14 CCR Section 18984.9(b)(3). H. Annually provide information to employees, contractors, Tenants, and Generators about Organic Material Recovery requirements and about proper sorting of Source Separated Organic Material and Source Separated Recyclable Materials into their respective Containers. I. Provide educational information before or within fourteen (14) days of occupation of the Premises to new Tenants that describes requirements to keep Source Separated Organic Material and Source Separated Recyclable Materials separate from Solid Waste and the location of Containers and the rules governing their use on the Premise. J. Provide or arrange access for City or its Designee to their properties during all Inspections conducted in accordance with Chapter 8.19.120 to confirm compliance with the requirements of this ordinance. K. Meet the Self-Hauler requirements in Chapter 8.16.060 if a Commercial Business wants to Self-Haul. L. Not prohibit a Generator from preventing or reducing Organic Waste generation, managing Organic Material on-site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c). M. It is the duty of every Person in possession, charge, or control of any boarding home, Restaurant, hotel, apartment, commercial occupancy, industrial occupancy, eating house, or vacant lot within the City to keep the Premises in their control in a Page 232 ORDINANCE NO. -44- “sanitary condition,” which is hereby defined to mean that all parts thereof are free and clean of any accumulation of Discarded Material outside of a lawful Container. N. If approved or directed by City, the Franchise Waste Hauler shall have the right to assess a Contamination processing fee and/or a Contamination penalty when Prohibited Container Contaminants are found in any of the Discarded Material Containers. O. If a Commercial Business is a Tier One or Tier Two Commercial Edible Food Generators, with Food Recovery Requirements pursuant to Chapter 8.19.100. 8.19.090 GENERATOR REQUIREMENTS – WAIVERS FOR COMMERCIAL BUSINESSES. Commercial Businesses, including Multi-Family Premises, may apply for waivers where practical difficulties make it impossible or extremely difficult to carry out the strict letter of this chapter with respect to any particular Premises. Under these circumstances, the City Manager or their Designee may issue special written permits (waivers) authorizing variations from the provisions of this chapter, subject to such terms and conditions as may deemed necessary to protect the public health and safety of the City. Special written permits only include de minimis waivers and physical space waivers, as described below. A. De Minimis Waivers: The City may waive a Commercial Business’s obligation (including Multi-Family Premises’ obligations) to comply with some or all of the Organic Material requirements of this ordinance if the Commercial Business provides documentation, or if the City has enough evidence demonstrating, that the business generates below a certain amount of Organic Material as described in this chapter. If the City has sufficient evidence demonstrating that a Commercial Business generates below a certain amount of Organic Waste as described in Chapter 8.19.090(A)(2), it may verify that the Commercial Businesses’ Organic Waste generation complies with the threshold without the receipt of a waiver application as described in Chapter 8.19.090(A)(1). As part of the Organic Waste generation verification process, the City shall request documentation from the Commercial Business as described below. Commercial Businesses requesting a de minimis waiver shall: 1. Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted below. 2. Provide documentation that either: a. The Commercial Business’s total Collection of Discarded Materials is two (2) cubic yards or more per week and Recyclable Materials and Organic Materials subject to Collection in Recyclable Materials Container(s) or Organic Materials Container(s) comprises less than twenty (20) gallons per week per applicable Container of the Commercial Business’s total waste (i.e., Recyclable Materials in the Recyclable Materials stream are less than twenty (20) gallons per week or Organic Materials in the Organic Materials stream are less than twenty (20) gallons per week); or, Page 233 ORDINANCE NO. -45- b. The Commercial Business’s total Collection of Discarded Materials is less than two (2) cubic yards per week and Recyclable Materials and Organic Materials subject to Collection in a Recyclable Materials Container(s) or Organic Materials Container(s) comprises less than ten (10) gallons per week per applicable Container of the business’s total waste (i.e., Recyclable Materials in the Recyclable Materials stream are less than ten (10) gallons per week or Organic Materials in the Organic Materials stream are less than ten (10) gallons per week). c. For the purposes of subsections (a) and (b) above, total Collection of Discarded Materials shall be the sum of weekly Container capacity measured in cubic yards for Solid Waste, Recyclable Materials, and Organic Materials Collection service excluding Discarded Materials managed on-site, such as on-site composters and Self-Hauled Discarded Materials in accordance with Chapter 8.16.060. 3. Notify City if circumstances change such that Commercial Business’s Organic Material exceeds threshold required for waiver, in which case waiver will be rescinded. 4. Provide written verification of eligibility for de minimis waiver every five (5) years, when there is a change in business or Tenant, or when a conditional use permit is issued, whichever is sooner, if City has approved the de minimis waiver. B. Physical Space Waivers: City may waive a Commercial Business’s or Property Owner’s obligations to comply with some or all of the Organic Material Collection service requirements if the City has evidence from its own staff, the Franchise Waste Hauler, a licensed architect, or a licensed engineer that the Premises lacks adequate space for compliance with the Organic Material Collection requirements below. A physical space waiver may also be requested if a Commercial Business or Property Owner documents that the Premises lacks adequate space for Organic Material Container and Recyclable Material Containers. The Responsible Party of a Commercial Business may request a physical space waiver through the following process: 1. Submit an application form specifying the type(s) of Collection services for which they are requesting a compliance waiver. 2. Provide documentation that the Premises lacks adequate space for Recyclable Material Containers and/or Organic Material Containers including documentation from its Franchise Waste Hauler, licensed architect, or licensed engineer. 3. Provide written verification to City that it is still eligible for physical space waiver every five (5) years or when a Conditional Use Permit is issued, whichever is sooner, if City has approved application for a physical space waiver. C. Review and Approval of Waivers by City: Commercial Businesses or property Owners shall: 1. Apply to City for a de minimis or physical space waiver if one is required or desired. Waivers are valid for five (5) years. Page 234 ORDINANCE NO. -46- 2. Any Waiver Holder must cooperate with the City, its Designee, and/or the Franchise Waste Hauler for compliance Inspections and enforcement as stated in Chapter 8.19.120. 3. Waiver holder must reapply to the City Manager or their Designee for a waiver upon the expiration of the waiver period, and shall submit any required documentation and/or fees/payments as required by the City. Failure to submit a completed application shall equate to an automatic denial of said application. 4. City Manager or their Designee may revoke a waiver upon a determination that any of the circumstances justifying a waiver are no longer applicable. 8.19.100 EDIBLE FOOD RECOVERY – REQUIREMENTS FOR COMMERCIAL EDIBLE FOOD GENERATORS. Tier One Commercial Edible Food Generators must comply with the requirements of this chapter commencing January 1, 2022, And Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3 or as specified in other applicable law. A. Commercial Edible Food Generators shall comply with the following requirements: 1. Arrange to recover the maximum amount of Edible Food that would otherwise be Collected as Organic Waste 2. Contract or enter into a written agreement with Food Recovery Organizations and/or Food Recovery Services either for: a. The Collection of Edible Food for Food Recovery. b. Acceptance of the Edible Food that the Commercial Edible Food Generator Self-Hauls to the Food Recovery Organization or Food Recovery Service for Food Recovery. c. Shall not intentionally spoil Edible Food capable of being recovered by a Food Recovery Organization or Food Recovery Service. 3. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4: a. A list of each Food Recovery Service or Organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR § 18991.3(b). b. A copy of all contracts or written agreements established under 14 CCR § 18991.3(b). c. A record of the following information for each of those Food Recovery Services or Food Recovery Organizations: i. The name, address, and contact information of the Food Recovery Service or Food Recovery Organization. ii. The types of Edible Food that will be collected by or Self-Hauled to the Food Recovery Service or Food Recovery Organization. iii. The established frequency that Edible Food will be collected or Self-Hauled. Page 235 ORDINANCE NO. -47- iv. The quantity of Edible Food, measured in pounds recovered per month, collected or Self-Hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery. B. Large Venues or Large Event operators not providing food service, but allowing for food to be provided by others, shall require food facilities operating at the Large Venue or Large Event to comply with the requirements of this section, commencing January 1, 2024. Nothing in this section shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act or requirements contained in food share donation regulations for schools pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 (commencing with Section 49580) to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded, and replaced from time to time). 8.19.110 EDIBLE FOOD RECOVERY – REQUIREMENTS FOR FOOD RECOVERY ORGANIZATIONS AND SERVICES. A. Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators via a contract or written agreement shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1): 1. The name, address, phone number, email, and contact information of each Commercial Edible Food Generator that from which the service collects Edible Food. 2. The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month. 3. The quantity in pounds of Edible Food transported to each Food Recovery Organization per month. 4. The name, address, phone number, email, and other contact information for each Food Recovery Organization for which the Food Recovery Service transports Edible Food for Food Recovery. B. Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators or Food Recovery Services via a contract or written agreement, shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2): 1. The name, address, phone number, email, and other contact information for each Commercial Edible Food Generator from which the organization receives Edible Food. 2. The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month. 3. The name, address, phone number, email, and other contact information for each Food Recovery Service from which the organization received Edible Food for Food Recovery. Page 236 ORDINANCE NO. -48- C. Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City and contract with or have written agreements with Commercial Edible Food Generators shall maintain records as detailed in Subsections 8.919.110(A) and (B), respectively, and shall provide such records to the City upon request. D. Food Recovery Organizations and Food Recovery Services shall inform Generators about California and Federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement with them. E. When the City, its Franchise Waste Hauler, or Designee performs Food Recovery outreach they will include information on the Good Samaritan Food Donation Act. F. City shall provide a list of Food Recovery Organizations located within the City to County upon request. 8.19.120 INSPECTIONS AND INVESTIGATIONS BY CITY. A. Authority - City Manager, environmental services manager, or their Designee are authorized to conduct Inspections and investigations, at random or otherwise, of any Collection Container; Collection vehicle loads; or transfer, Processing, or disposal facility for materials collected from Generators, to confirm compliance with this chapter by Organic Material Generators, Commercial Businesses’ Property owners, Multi-Family Dwelling Unit Owners, Single Family Dwelling Owners, Commercial Edible Food Generators, permitted Self-Haulers, and Food Recovery Services and Food Recovery Organizations, subject to applicable laws. 1. Per Chapter 1.08.010 and Chapter 8.80 of the Municipal Code, these powers include the power to issue notices of violation, the power to assess and collect civil fines and penalties or file criminal complaints as provided in this chapter, and the power to enter and inspect public and private property as permitted by law. This chapter does not allow City to enter the interior of a private Residential Dwelling for Inspection. B. Regulated entities shall provide or arrange for access during all Inspections (with the exception of Residential property interiors) and shall cooperate with the City or its Designee during such Inspections and investigations. As per Chapter 1.08.010 and in accordance with the requirements of this chapter, the City Manager or their Designee is authorized to enter upon any non-Residential Property or Premises to ascertain whether there are violations of this code, and to make any Inspections and investigations that may include confirmation of proper placement of materials in Containers, Edible Food Recovery activities, records, or any other requirement of this chapter described herein as may be necessary in the performance of their duties. 1. City reserves the right to implement and use a remote monitoring system to monitor Prohibited Container Contaminants. 2. Failure to provide or arrange for: access to an entity’s Premises; or (ii) access to records for any Inspection or investigation is a violation of this chapter and may Page 237 ORDINANCE NO. -49- result in a determination that the Generator is out of compliance with one or more requirements of this chapter. 3. If the Property Owner or other Responsible Party refuses permission to enter or inspect, the City Manager or their Designee may seek an administrative Inspection warrant pursuant to the California Code of Civil Procedure or as otherwise authorized by law. Following the obtaining of Owner permission to inspect or a lawful Inspection warrant, the City Manager or their Designee is authorized to conduct examinations and surveys that may include, but are not limited to, the taking of photographs or video recordings and the taking of samples or other physical evidence or recordings. All Inspections, entries, examinations and surveys shall be done in a reasonable manner and shall at all times comply with constitutional and statutory requirements. C. Any records obtained by a City during its Inspections, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq. D. City representatives and/or its Designee are authorized to conduct any Inspections, or other investigations as reasonably necessary to further the goals of this ordinance, subject to applicable laws. E. City shall receive written complaints from Persons regarding an entity that may be potentially non-compliant with SB 1383 regulations, including receipt of anonymous complaints. The Franchise Waste Hauler shall relay to City in writing all written complaints it receives concerning acts or omissions of itself or another entity that is potentially non-compliant with SB 1383 Regulations, including anonymous complaints. F. Any Person who violates any provisions of this code, as amended from time to time, or any Person who owns Property upon which a violation exists, irrespective of whether that Person caused the violation, shall be subject to an administrative fine or penalty up to the maximum amounts set forth in Chapter 1.12 of the City’s Municipal Code and Section 8.19.130. 8.19.130 CITATIONS FOR ENFORCEMENT. Pursuant to 14 CCR Section 18995.4(a)(1) the City shall begin issuing Citations for enforcement of this Chapter 8.19 on or before January 1, 2024. If the City determines that a Generator, Responsible Party, Self-Hauler, hauler, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance with this Chapter 8.19, it shall document the noncompliance or violation and, with the exception of violations of the Prohibited Container Contaminants provisions of this Municipal Code, take Enforcement Action, including but not limited to the issuance of administrative Citations and fines, pursuant to Chapters 1 and 8 of the City’s Municipal Code. This chapter shall only apply to Non- Local Entities to the extent permitted by applicable law. Section 8.80 of the Code of the City of Palm Desert, California, is hereby amended to read as follows: Page 238 ORDINANCE NO. -50- 8.80 ADMINISTRATIVE REMEDIES 8.80.010 APPLICABILITY. A. This chapter provides for administrative remedies, which are in addition to all other legal remedies, criminal or civil, which may be pursued by the City to address any violation of this code. B. Use of this chapter shall be at the sole discretion of the City. 8.80.020 DEFINITIONS. Words and phrases defined in Chapter 8.16 of this Municipal Code shall have the same meanings when used in this chapter. For purposes of this chapter, “director” means the head of any City Department or their Designee, which is charged with responsibility for enforcement of any provision of this code. 8.80.025 APPEALS HEARING BOARD. A. There is established within the City an appeals hearing board which shall hear all matters pertaining to this chapter. B. The appeals hearing board shall consist of three regular members appointed by the City Manager and serving at the pleasure of the City. The members appointed to the board shall be citizens of the City or may be employees of the City, during their term of service. C. Regular members of the board shall serve a term of two years, at the end of which he/she may be considered for reappointment. D. The board shall establish the time and place of its hearings consistent with Section 8.80.060(B). E. The board shall keep a record of its proceedings, which shall be open for inspection by any member of the public. F. The City Manager shall designate an employee who shall serve as the secretary of the board. The City clerk shall be responsible for the maintenance of all its permanent records. G. Two members of the board shall constitute a quorum. Two affirmative votes are required for a decision including all motions, orders, and findings of the board. 8.80.030 NOTICE OF VIOLATION OR COMPLIANCE ORDER. A. Whenever the director or their designee determines that a violation of any provision of this code within the director’s responsibility is occurring or exists, the director or their designee may issue a written Notice Of Violation (NOV) or compliance order to any Person responsible for the violation. 1. A NOV or compliance order issued pursuant to this chapter shall contain the following information: a. The date and location of the violation. Page 239 ORDINANCE NO. -51- b. The section of this code violated and a description of the violation. c. The actions required to correct the violation. d. The time period after which administrative penalties will begin to accrue if compliance with the order has not been achieved. e. Either a copy of this chapter or an explanation of the consequences of noncompliance with this chapter and a description of the hearing procedure and appeal process. 8.80.040 METHOD OF SERVICE. B. All notices required by this chapter shall be served as provided in this Section 8.80.040. C. Where Real Property is involved, written notice shall be mailed to the Property Owner at the address as shown on the last equalized County assessment roll. D. Where personal service or service by mail upon the Property Owner is unsuccessful, a copy of the order shall be conspicuously posted at the Property which is the subject of the order. E. The failure of any Person to receive any notice required under this chapter shall not affect the validity of any proceedings taken under this chapter. 8.80.050 HEARING. A. If the director determines that all violations have been corrected within the time specified in the NOV or compliance order, no further action shall be taken. B. If full compliance is not achieved within the time specified in the compliance order, the director shall advise the secretary to the appeals board to set a hearing before the board. C. The secretary to the appeals hearing board shall cause a written notice of hearing to be served on the violator and, where Real Property is involved, a notice of hearing shall be served on the Property Owner at the address as it appears on the last equalized County assessment roll available on the date the notice is prepared. 8.80.060 NOTICE OF HEARING. A. Every notice of hearing on a compliance order, and NOV shall contain the date, time and place at which the hearing shall be conducted by the appeals hearing board. B. Each hearing shall be set for a date not less than fifteen days nor more than sixty days from the date of the notice of hearing unless the director determines that the matter is urgent or that good cause exists for an extension of time. C. This hearing serves to provide the full opportunity of a Person subject to a compliance order to object to the determination that a violation has occurred and/or that the violation has continued to exist. The failure of any Person subject to a compliance order, pursuant to this chapter, to appear at the hearing shall constitute a failure to exhaust administrative remedies. 8.80.070 HEARING—FINDINGS AND ORDER. Page 240 ORDINANCE NO. -52- A. At the place and time set forth in the NOV or notice of hearing, the appeals hearing board shall conduct a hearing on the NOV or compliance order issued pursuant to Section 8.80.030. B. The board shall consider any written or oral evidence consistent with its rules and procedures regarding the violation and compliance by the violator or by the Real Property Owner. C. Within a reasonable time following the conclusion of the hearing, the board shall make findings and issue its determination regarding: D. The existence of the violation. 1. The failure of the violator or Owner to take required corrective action within the required time period. 2. The board shall issue written findings on each violation. The findings shall be supported by evidence received at the hearing. E. If the board finds by a preponderance of the evidence that a violation has occurred and that the violation was not corrected within the time period specified in the compliance order, the Board shall issue an administrative order. F. If the board finds that no violation has occurred or that the violation was corrected within the time period specified in the NOV or compliance order, the board shall issue a finding of those facts. 8.80.080 ADMINISTRATIVE ORDER. If the appeals hearing board determines that a violation occurred which was not corrected within the time period specified in the compliance order, the board shall issue an administrative order as described in this Section 8.80.080 which imposes any or all of the following: A. An order to correct, including a schedule for correction where appropriate. B. Administrative penalties as provided in Section 8.80.090. C. Administrative costs as provided in Section 8.80.100. 8.80.090 ADMINISTRATIVE PENALTIES. A. The appeals hearing board may impose administrative penalties for the violation of any provision of this code in an amount not to exceed a maximum of two thousand five hundred dollars ($2,500) per day for each ongoing violation, except that the total administrative penalty shall not exceed one hundred thousand dollars ($100,000), exclusive of administrative costs, interest, and restitution for compliance Inspections, for any related series of violations. B. In determining the amount of the administrative penalty, the board may take any or all of the following factors into consideration: 1. The duration of the violation. 2. The frequency, recurrence and number of violations, related or unrelated, by the same violator. 3. The seriousness of the violation. 4. The good faith efforts of the violator to come into compliance. 5. The economic impact of the penalty on the violator. Page 241 ORDINANCE NO. -53- 6. The impact of the violation on the community. 7. Such other factors as justice may require. C. Administrative penalties imposed by the board shall accrue from the date specified in the compliance order and shall cease to accrue on the date the violation is corrected as determined by the director or the board. D. The board, in its discretion, may suspend the imposition of applicable penalties for any period of time during which: 1. The violator has filed for necessary permits. 2. Such permits are required to achieve compliance. 3. Such permit applications are actively pending before the City, State or other appropriate governmental Agency. 4. Administrative penalties assessed by the board shall be due by the date specified in the administrative order. E. Administrative penalties assessed by the board are a debt owed to the City and, in addition to all other means of enforcement, if the violation is located on Real Property, may be enforced by means of a lien against the Real Property on which the violation occurred. F. If the violation is not corrected as specified in the board’s order to correct, administrative penalties shall continue to accrue on a daily basis until the violation is corrected, subject to the maximum amount set forth in Section 8.80.090(A) above. G. If the violator gives written notice to the director that the violation has been corrected and if the director finds that compliance has been achieved, the director shall deem the date the written notice was postmarked or personally delivered to the director or the date of the final Inspection, whichever first occurred, to be the date the violation was corrected. If no written notice is provided to the director, the violation will be deemed corrected on the date of the final Inspection. 8.80.100 ADMINISTRATIVE COSTS. A. The appeals hearing board shall assess administrative costs against the violator when it finds that a violation has occurred, and that compliance has not been achieved within the time specified in the compliance order or NOV. B. The administrative costs may include any and all costs incurred by the City in connection with the matter before the appeals hearing board including, but not limited to, costs of investigation, staffing costs incurred in preparation for the hearing and for the hearing itself, and costs for all further Inspections necessary to enforce the compliance order. 8.80.110 FAILURE TO COMPLY WITH ADMINISTRATIVE COMPLIANCE ORDER. Failure to pay the assessed administrative penalties and administrative costs specified in the administrative order of the appeal hearing board may be enforced as: A. A personal obligation of the violator. B. If the violation is in connection with Real Property, a lien upon the Real Property. The lien shall remain in effect until all of the administrative penalties, interest, and administrative costs are paid in full. Page 242 ORDINANCE NO. -54- 8.80.120 RIGHT OF JUDICIAL REVIEW. Any Person aggrieved by an administrative order of the appeals hearing board may obtain review of the administrative order in the superior court by filing with the court a petition for writ of mandate pursuant to Section 1.04.090 of this code. 8.80.130 RECOVERY OF ADMINISTRATIVE CIVIL PENALTIES. The City may collect the assessed administrative penalties and administrative costs by use of all available legal means, including recordation of a lien pursuant to Section 8.80.160. 8.80.140 REPORT OF COMPLIANCE AFTER ADMINISTRATIVE ORDER. If the director determines that compliance has been achieved after a NOV or compliance order has been sustained by the appeals hearing board, the director shall file a report indicating that compliance has been achieved. 8.80.150 COMPLIANCE DISPUTE. A. If the director does not file a report pursuant to Section 8.80.140 above, a violator who believes that compliance has been achieved may request a compliance hearing before the appeals hearing board by filing a request for a hearing with the secretary to the board. B. The hearing shall be noticed and conducted in the same manner as a hearing on a NOV or compliance order provided in Sections 8.80.060 through 8.80.070 of this chapter. C. The board shall determine if compliance has been achieved and, if so, when it was achieved. 8.80.160 LIEN PROCEDURE. A. Whenever the amount of any administrative penalty and/or administrative cost imposed by the appeals hearing board pursuant to this chapter in connection with Real Property has not been satisfied in full within ninety days and/or has not been successfully challenged by a timely writ of mandate, this obligation may constitute a lien against the Real Property on which the violation occurred. B. The lien provided herein shall have no force and effect until recorded with the office of the County recorder. Once recorded, the administrative order shall have the force and effect and priority of a judgment lien governed by the provisions of Sections 697.340 of the Code of Civil Procedure and may be extended as provided in Sections 683.110 to 683.220, inclusive, of the Code of Civil Procedure. C. Interest shall accrue on the principal amount of the judgment remaining unsatisfied pursuant to law. D. Prior to recording any such lien, the director of finance shall prepare and file with the City clerk a report stating the amounts due and owing. Page 243 ORDINANCE NO. -55- E. The City clerk shall fix a time, date and place for hearing such report, and any protests or objections thereto, before the City Council. F. The director of finance shall cause written notice to be served on the Property Owner not less than ten days prior to the time set for the hearing. Such notice shall be served as provided in Section 8.80.040 of this title. 8.80.170 PUBLIC HEARING AND PROTESTS. A. Any Person whose Real Property is subject to a lien pursuant to Section 8.80.160 may file a written protest with the City clerk and/or may protest orally at the City Council meeting. B. Each written protest or objection must contain a description of the Property in which the protesting party is interested and the grounds of such protest or objection. 8.80.180 RECORDATION OF LIEN. Thirty days following the adoption of a resolution by the City Council imposing a lien the City Clerk shall file the same as a judgment lien in the office of the County recorder of Riverside County, California. The lien may carry such additional administrative charges as set forth by resolution of the City Council. 8.80.190 SATISFACTION OF LIEN. Once payment in full is received by the City for outstanding penalties and costs, the director of finance shall either record a notice of satisfaction or provide the Property Owner or financial institution with a notice of satisfaction so they may record this notice with the Office of the County Recorder. Such notice of satisfaction shall cancel the City’s lien. Section 8.81 of the Code of the City of Palm Desert, California, is hereby amended to read as follows: 8.81 ADMINISTRATIVE CITATIONS 8.81.010 APPLICABILITY. A. This chapter provides for Administrative Citations which are in addition to all other legal remedies, criminal or civil, which may be pursued by the City to address any violation of this code. B. Use of this chapter shall be at the sole discretion of the City. 8.81.020 ENFORCEMENT OFFICER—DEFINED. For purposes of this chapter, “Enforcement Officer” shall mean any City employee or agent of the City with the authority to enforce any provision of this code. The City reserves the right to change the Enforcement Officer or establish a new enforcement officer at any time. Page 244 ORDINANCE NO. -56- 8.81.030 Administrative Citation. A. Whenever an Enforcement Officer charged with the enforcement of any provision of this code determines that a violation of that provision has occurred, the Enforcement Officer shall have the authority to issue an Administrative Citation to any Person responsible for the violation. B. Each Administrative Citation shall contain the following information: 1. The date of the violation. 2. The address or a definite description of the location where the violation occurred. 3. The section of this code violated and a description of the violation. 4. The amount of the fine for the code violation. 5. A description of the fine payment process, including a description of the time within which and the place to which the fine shall be paid. 6. An order prohibiting the continuation or repeated occurrence of the code violation described in the Administrative Citation. 7. A description of the Administrative Citation review process, including the time within which the Administrative Citation may be contested and the place from which a request for hearing form to contest the Administrative Citation may be obtained. 8. The name and signature of the citing enforcement officer. (Ord. 865 § 1, 1998) 8.81.040 AMOUNT OF FINES. A. The amounts of the fines for code violations imposed pursuant to this chapter shall be set forth in the schedule of fines established by resolution of the City Council and otherwise permitted by applicable law, including 14 California Code of Regulations Section 18997.2. B. The schedule of fines shall specify any increased fines for repeat violations of the same code provision by the same Person within thirty-six months from the date of an Administrative Citation. C. The schedule of fines shall specify the amount of any late payment charges imposed for the payment of a fine after its due date. 8.81.050 PAYMENT OF THE FINE. A. The fine shall be paid to the City within thirty days from the date of the Administrative Citation. B. Any Administrative Citation fine paid pursuant to subsection A. shall be refunded in accordance with Section 8.81.100 if it is determined, after hearing, that the Person charged in the Administrative Citation was not responsible for the violation or that there was no violation as charged in the Administrative Citation. C. Payment of a fine under this chapter shall not excuse or discharge any continuation or repeated occurrence of the code violation that is the subject of the Administrative Citation. Page 245 ORDINANCE NO. -57- 8.81.060 HEARING REQUEST. A. Any recipient of an Administrative Citation may contest that there was a violation of the code or that he or she is the Responsible Party by completing a request for hearing form and returning it to the City within thirty days from the date of the Administrative Citation, together with an advance deposit of the fine or notice that a request for an advance hardship waiver has been filed pursuant to Section 8.81.070. B. A request for hearing form may be obtained from the Department specified on the Administrative Citation. C. The Person requesting the hearing shall be notified of the time and place set for the hearing at least ten days prior to the date of the hearing. D. If the enforcement officer submits an additional written report concerning the Administrative Citation to the hearing officer for consideration at the hearing, a copy of this additional report shall be served on the Person requesting the hearing at least five days prior to the date of the hearing. 8.81.070 ADVANCE DEPOSIT HARDSHIP WAIVER. A. Any Person who intends to request a hearing to contest that there was a violation of the code or that he or she is the Responsible Party and who is financially unable to make the advance deposit of the fine as required in Section 8.81.060(A) may file a request for an advance deposit hardship waiver. B. The request shall be filed with the Department of Finance on an advance deposit hardship waiver application form, available from the Department of Finance, within ten days of the date of the Administrative Citation. C. The requirement of depositing the full amount of the fine as described in Section 8.81.060(A) shall be stayed unless or until the director of finance makes a determination not to issue the advance deposit hardship waiver. D. The director may waive the requirement of an advance deposit set forth in Section 8.81.060(A) and issue the advance deposit hardship waiver only if the cited party submits to the director a sworn affidavit, together with any supporting documents or materials, demonstrating to the satisfaction of the director the Person’s actual financial inability to deposit with the City the full amount of the fine in advance of the hearing. E. The Administrative Citation and any additional report submitted by the enforcement officer shall constitute prima facie evidence of the facts contained in those respective documents. F. The hearing officer may continue the hearing and request additional information from the enforcement officer or the recipient of the Administrative Citation prior to issuing a written decision. 8.81.080 HEARING OFFICER. The City Manager shall designate the hearing officer for the Administrative Citation hearing. Page 246 ORDINANCE NO. -58- 8.81.090 HEARING PROCEDURE. A. No hearing to contest an Administrative Citation before a hearing officer shall be held unless the fine has been deposited in advance in accordance with Section 8.81.060 or an advance deposit hardship waiver has been issued in accordance with Section 8.81.070. B. A hearing before the hearing officer shall be set for a date that is not less than fifteen days and not more than sixty days from the date that the request for hearing is filed in accordance with the provisions of this chapter. C. At the hearing, the party contesting the Administrative Citation shall be given the opportunity to testify and to present evidence concerning the administrative citation. D. The failure of any recipient of an Administrative Citation to appear at the administrative citation hearing shall constitute a forfeiture of the fine and a failure to exhaust their administrative remedies. E. The Administrative Citation and any additional report submitted by the code enforcement officer shall constitute prima facie evidence of the facts contained in those respective documents. F. The hearing officer may continue the hearing and request additional information from the enforcement officer or the recipient of the Administrative Citation prior to issuing a written decision. 8.81.100 HEARING OFFICER’S DECISION. A. After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision to either uphold or cancel the Administrative Citation and shall list in the decision the reasons for that decision. The decision of the hearing officer shall be final. B. If the hearing officer determines that the Administrative Citation should be upheld, the fine amount on deposit with the City shall be retained by the City. C. If the hearing officer determines that the Administrative Citation should be upheld and the fine has not been deposited pursuant to an advance deposit hardship waiver, the hearing officer shall set forth in the decision a payment schedule for the fine imposed. D. If the hearing officer determines that the Administrative Citation should be canceled and the fine was deposited with the City, the City shall promptly refund the amount of the deposited fine, together with interest at the average rate earned on the City’s portfolio for the period of time the fine amount was held by the City. E. The recipient of the Administrative Citation shall be served with a copy of the hearing officer’s written decision. F. The employment, performance evaluation, compensation and benefits of the hearing officer shall not be directly or indirectly conditioned upon the amount of Administrative Citation fines upheld by the hearing officer. 8.81.110 LATE PAYMENT CHARGES. Page 247 ORDINANCE NO. -59- Any Person who fails to pay to the City any fine imposed pursuant to the provisions of this chapter on or before the date that fine is due shall also be liable for the payment of any applicable late payment charges as set forth in the schedule of fines. 8.81.120 RECOVERY OF ADMINISTRATIVE CITATION FINES AND COSTS. The City may collect any past due Administrative Citation fine or late payment charge by use of all available legal means. The City also may recover its Collection costs pursuant to Section 1.04.090. 8.81.130 RIGHT TO JUDICIAL REVIEW. Any Person aggrieved by an administrative decision of a hearing officer or an Administrative Citation may obtain review of the administrative decision by filing a petition for review with the municipal court of Riverside County in accordance with the time lines and provisions set forth in California Government Code Section 53069.4. 8.81.140 NOTICES. A. The Administrative Citation and all notices required to be given by this chapter shall be served on the Responsible Party in accordance with the provisions of Section 8.80.040 of this title. B. Failure to receive any notice specified in this chapter does not affect the validity of proceedings conducted hereunder. Section 15 of the Code of the City of Palm Desert, California, is hereby amended to read as follows: 15 BUILDING AND CONSTRUCTION 15.18.010 ADOPTION OF THE CALIFORNIA GREEN BUILDING STANDARDS CODE. That certain document in book form entitled California Green Building Standards Code, Title 23 Part 11, Chapters 4 and 5, known as CALGreen, as amended, (CGBSC), copyrighted by the “California Building Standards Commission,” 2525 Natomas Park Drive, Suite 130, Sacramento, California, 95833-2936, prescribing regulating public health, safety and general welfare by enhancing the design and construction of buildings through the use of building concepts having a reduced negative impact, or positive environmental impact and encouraging sustainable construction practice within the City, are hereby adopted by reference as the “Green Building Code” of the City of Palm Desert, and from the date on which the ordinance codified in this chapter shall take effect, the provisions thereof shall be controlling within the corporate limits of the City of Palm Desert. The California Green Building Standards Code will be on file for public examination in the office of the building official. 15.30.010 CONSTRUCTION SITE SECURITY. Page 248 ORDINANCE NO. -60- A. The owner, contractor or responsible party constructing a new building, addition, alteration, or demolition to an existing building shall maintain security measures as deemed necessary or as required by the building official to control vandalism, fires, blowing dust, sand or debris. B. Perimeter security fencing is required along all property lines. Fencing shall be a minimum six feet high with a minimum ninety-four percent blackout heavy-duty plastic screening. The number of access points onto the site shall be minimized, and where feasible, situated in locations that are highly visible from an adjacent Street. Vehicle and pedestrian gates and openings shall have gates secured after hours of operation. Locking gates shall be secured with minimum 3/8-inch thick, 30-grade coil chain, or minimum 5/16-inch cable. The perimeter security fencing shall be maintained and remain in place through the duration of the project or until a permanent wall/fencing is installed. C. The Owner, contractor or responsible party constructing a new building, addition, alteration, or demolition to an existing building shall keep the construction site clean by having adequately sized Discarded Materials Containers placed on the site for the depositing of Discarded Materials. For the purpose of this section, Discarded Materials shall have the same meaning as in Chapter 8.16., and shall include those substances that may be accumulated as a result of construction activities. D. In accordance with Chapter 15.18.010 the Owner, contractor or responsible party will meet diversion requirements as specified in Chapters 4 and 5 of the California Green Building Code, 23 CCR, Part 11. a. Containers, as defined in Chapter 8.16 of this municipal code, shall remain on the construction site until the building inspector has completed the final Inspection or has approved the removal of the Container. Said Container shall be emptied of its contents on a regular schedule or as ordered by the building inspector in order to avoid blowing debris or other public nuisances. E. Disposal shall be by transportation to a legally established recovery, Processing, or disposal site by the City’s Franchise Waste Hauler or other Person authorized by law to remove any Container from the location where the Person in charge for storage and Collection placed the Container. F. Refusal to comply with the provisions of this section shall be deemed a misdemeanor or infraction and is punishable as stipulated in Chapter 1.12 of this code. The noncompliance can be sufficient cause for the revocation of the issued building permit. 15.30.020 NEW CONSTRUCTION. Persons applying for a permit from the City for new construction and building additions and alternations shall comply with the adequate Container space requirements of Chapter 8.12.030 and applicable required components of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended, if its project is covered by the scope of CALGreen. If the requirements of CALGreen are more Page 249 ORDINANCE NO. -61- stringent than the Container enclosure requirements of Chapter 8.12.030, the CALGreen requirements shall apply. 15.30.030 REQUIREMENTS TO RECEIVE A BUILDING PERMIT. Prior to the issuance of a building permit for all new projects requiring a building permit, the proponent of the project shall obtain the review and approval of the City Manager or their designee of a plan depicting the Recyclable Materials and/or Organic Materials Collection area or areas for the project. The plan shall comply with the following provisions: A. Location. Recyclable Materials and/or Organic Materials Collection areas may be located either indoors or outdoors and may be included as part of the same enclosure where Solid Waste is collected. In no case shall any Recyclable Materials and/or Organic Materials Collection area be farther from a dwelling unit or structure than the Solid Waste Collection area which serves the same dwelling unit or structure. B. Signage. Collection areas and Containers shall be clearly labeled to indicate the type and condition of Discarded Materials accepted. C. Space Allocation Based on an Approved Recycling Plan. In lieu of having specific Collection area space allocation tables or formulas, and to allow maximum flexibility, a Recycling plan may be submitted by the applicant which details the Recyclable Materials and/or Organic Materials Collection system from the individual workstations to the final Collection area and/or the size of interim and final Collection areas (which must be minimum of one hundred twenty-eight square feet) and type of materials collected. Section 24.04 of the Code of the City of Palm Desert, California, is hereby amended to read as follows: 24.04 WATER-EFFICIENT LANDSCAPE 24.04.010 PURPOSE AND INTENT. The purpose of this chapter is to establish minimum water-efficient landscape requirements for newly installed and rehabilitated landscapes. It is also the purpose of this chapter to implement these minimum requirements to meet the State of California Code of Regulations Title 23, Water Division 2, Department of Water Resources Chapter 2.7, Sections 492.6(a)(3)(B), (C), (D), and (G) of the Model Water Efficient Landscape Ordinance and the State of California Water Conservation in Landscaping Act, Reference: Sections 65591, 65593, 65596 Government Code. A. The Coachella Valley Water District (CVWD) has created a water-efficient landscape ordinance in compliance with the Department of Water Resources Model Water Efficient Landscape Ordinance; Attachment A of Ordinance 1302.1 Landscape and Irrigation System Design Criteria (“CVWD Ordinance”). The City hereby adopts by reference CVWD Ordinance No. 1302 (in its most current edition as of the date of plan Page 250 ORDINANCE NO. -62- submittal) as the City’s water-efficient landscape criteria. It is the intent of the City Council to defer technical irrigation review and approval process to CVWD consistent with the CVWD ordinance. The City will have full authority over aesthetic (plant choice, spacing, and design) review. B. It is the intent of the City Council to promote water conservation through the planning, design, installation, and maintenance of landscapes by the use of climate- appropriate plant material and efficient irrigation as well as to create a Palm Desert landscape theme through enhancing and improving the physical and natural environment. The application of mulch and compost to landscaping projects enhances soil water retention and creates demand for recycled-organic content products. C. These provisions are supplementary and additional to the subdivision and zoning regulation of this code and shall be read and construed as an integral part of the regulations and controls established thereby. D. Refer to Ordinance No. 1302.1, an Ordinance of the Coachella Valley Water District establishing landscape and irrigation system design criteria. As Ordinance No. 1302.1 is amended and/or revised, so is Chapter 24.04, Water-Efficient Landscape, so that it reflects the currently adopted version of the CVWD ordinance. 24.04.020 APPLICABILITY. This chapter applies to: A. All new and rehabilitated landscaping for Public Agency projects and private development projects including, but not limited to, industrial, commercial, and recreational projects. B. Developer installed and rehabilitated landscaping in single-family tracts, five or more infill lots, and multifamily projects, per CVWD Ordinance 1302.1. C. New construction landscapes that are homeowner-provided and/or homeowner- hired in single and multifamily residential projects with a cumulative total Property/project landscape area equal to or greater than five thousand square feet. D. Existing landscapes are subject only to Sections 24.04.120, 24.04.130, 24.04.150, and 24.04.160. 24.04.030 APPLICABILITY—EXEMPTIONS. The following are exempt from the provisions of this chapter: A. Homeowner-provided or rehabilitated landscaping at single-family and multifamily projects having a cumulative total Property/project landscape area of less than five thousand square feet. B. Cemeteries. C. Registered historical sites as determined by the City Council. D. Ecological restoration projects that do not require a permanent irrigation system. E. Plant collections, excluding typical landscaped areas, as part of botanical gardens and arboretums open to the public. Page 251 ORDINANCE NO. -63- 24.04.040 LANDSCAPE DOCUMENTATION PACKAGE. A. Two copies of a landscape documentation package conforming to this chapter shall be submitted to the City of Palm Desert and CVWD per Ordinance 1302.1. Preliminary approval of the project, specifically the landscape design plan as outlined in Section 24.04.050, and defined within CVWD Ordinance 1302.1, shall be obtained from the architectural review commission prior to submittal of the landscape documentation package to the director of public works. No Person, either as Property Owner, contractor, landscape architect or otherwise subject to the provisions of this chapter shall cause landscape construction work to begin without having an approved landscape documentation package approved by CVWD per Ordinance 1302.1, and from the director of public works. B. All requirements for the landscape documentation package are found within CVWD Ordinance 1302.1. C. Landscapes shall be maintained per the approved landscape documentation package. D. All Property Owners, Persons, firms, corporations, agents, employees or contractors of regulated projects shall complete and submit the landscape project application and comply with the approved landscape documentation package as required pursuant to this chapter and CVWD Ordinance No. 1302.1. E. An approved landscape documentation package will run with the Property and the installed landscape will be maintained into perpetuity per the approved landscape documentation package. A current or new Property Owner may request amendments to an approved landscape documentation package provided they are consistent with the original intent, design quality, and water efficiency of the original approved landscape documentation package. Any request shall be subject to the current City approval process. 24.04.050 LANDSCAPE DESIGN PLAN. A. For efficient use of water, a landscape design plan shall be carefully designed and planned for the intended function of the project. B. The landscape design plan shall be submitted as part of the landscape documentation package and include all components, contents, and items required by CVWD Ordinance 1302.1. C. The landscape design plan shall incorporate design criteria found in the current edition of the City’s “Desert Flora Design Guide” publication. 24.04.060 INVASIVE PLANT SPECIES. Noxious weeds are any weed designated by the weed control regulations in the Weed Control Act and identified on a regional district noxious weed control list. Lists of invasive plants are maintained at the California Invasive Plant Inventory and USDA invasive noxious weeds database and are prohibited in a landscape design. 24.04.070 LANDSCAPE AND IRRIGATION MAINTENANCE. Page 252 ORDINANCE NO. -64- A. A regular maintenance schedule containing the following conditions shall be submitted with the certificate of completion for all projects: 1. Landscapes shall be maintained to ensure water efficiency. The regular maintenance schedule shall include but not be limited to routine inspection, adjusting and repairing irrigation equipment; aerating and dethatching turf areas; replenishing decomposed granite ground cover; fertilizing; pruning, weeding, and removing any obstruction to emission devices in all landscaped areas. 2. Whenever possible, repair of irrigation equipment shall be done with the originally specified materials or their equivalents. 3. Operation of irrigation systems outside the normal watering window is allowed for auditing and system maintenance. 4. Landscape and irrigation maintenance activities shall be pursuant to those described in the current edition of the City’s “Desert Flora Maintenance” publication. 24.04.080 LANDSCAPE IRRIGATION AUDITS. Landscape irrigation audits shall be completed for new developments and existing landscape pursuant to CVWD Ordinance 1302.1. 24.04.090 GRADING DESIGN PLAN. Grading design plans per Title 27 of the Palm Desert Municipal Code shall be submitted as part of the landscape documentation package. For the purpose of this section, the grading design plan shall meet and shall be submitted pursuant to CVWD Ordinance 1302.1. 24.04.100 CERTIFICATE OF COMPLETION. Certificates of completion shall be certified by a license architect or designer of record per CVWD Ordinance 1302.1 and submitted to the City of Palm Desert for all projects. 24.04.110 PROVISIONS FOR EXISTING LANDSCAPES. Existing landscapes in excess of one acre in size shall be subject to a landscape audit, irrigation survey, and water use analysis pursuant to CVWD Ordinance No. 1302.1, Landscape and Irrigation System Design Criteria. 24.04.120 NUISANCE AND WASTE WATER PREVENTION. A. Public Nuisance Declaration. Any landscaping or landscaping irrigation system installed or maintained in violation of this chapter, including those failing to conform to approved landscaping plans, is declared to be a public nuisance under Section 8.70.010 and 8.70.030 and is subject to abatement pursuant to Chapter 8.20. Page 253 ORDINANCE NO. -65- B. Nuisance Water. The operation of a landscape irrigation system that creates overspray and/or runoff onto impervious surfaces (such as Sidewalks, driveways, ditches, gutters, and roadways) in the public right-of-way shall be deemed to create nuisance water when such condition is observed to exist on any three days within a seven-day period. Nuisance water is a public nuisance under Section 8.20.020(T)(8) and subject to abatement pursuant to Chapter 8.20. C. Variances. The City Manager or their designee may, in writing, grant variances to Persons who apply in writing for water uses prohibited by this chapter if it is found that a variance is necessary to prevent an emergency condition relating to health and safety, and if the Person seeking a variance has demonstrated that he or she has implemented measures in some other manner that achieves the objectives of the chapter. 24.04.130 FEES FOR INITIAL REVIEW AND PROGRAM MONITORING. A. For the purposes of meeting its obligations under this chapter, the following fees are deemed necessary to review landscape documentation packages and monitor landscape irrigation audits and shall be imposed on the subject applicant, Property Owner or designee. 1. A landscape documentation package review fee will be due at time of initial project application submission to the Public Works Department. 2. The water purveyor may require every five years the project owner/developer to cause a landscape irrigation audit to be completed by a certified landscape irrigation auditor. No City fee will be due for the review of the audit by the director of public works. 3. If a landscape documentation package is not submitted prior to the start of landscape construction work by those Persons required to submit a package, a late submittal fee of twice the review fee shall be charged. 4. The City Council, by resolution, shall establish the amount of the above fees in this section in accordance with applicable law. 24.04.140 ENFORCEMENT AND PENALTIES. A. For the purposes of ensuring that Persons comply with the provisions of this chapter, the City Manager or their designee may, following written notice to subject Property Owner(s), initiate enforcement action(s) against such Property Owner(s) or designee(s), which enforcement action may include, but not be limited to, the following: 1. Revocation of a landscape documentation package. 2. Revocation of an approved conditional use permit. 3. Withholding issuance of a certificate of use, certificate of occupancy, or building permit. 4. Issuance of a stop work order. 5. Public nuisance abatement pursuant to Chapter 8.20. 6. Issuance of a citation. Page 254 ORDINANCE NO. -66- 7. Any landscaping that is installed, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this chapter and/or CVWD Ordinance No. 1302.1, or failure to comply with any of the conditions of an approved landscape documentation package, permit, precise plan, conditional use permit or variance granted by the architectural review commission, planning commission, and City Council under this chapter or CVWD Ordinance No. 1302.1, is declared to be unlawful. Any Property Owner, Person, firm, corporation, agent, employee or contractor, otherwise violating any provision of this chapter or CVWD Ordinance No. 1302.1 shall be guilty of an infraction and shall be punishable as provided herein. 24.04.150 APPEALS. Decisions made by the director of public works may be appealed by an applicant, Property Owner(s) or designee(s) of any applicable project to the City Manager in writing, within fifteen days from the date of notification of decision. The City Manager’s decision may be appealed to the City Council by an application in writing to the City clerk of the City Council within fifteen days from the date of notification of decision. Section 25.10 of the Code of the City of Palm Desert, California, is hereby amended to read as follows: 25.10 RESIDENTIAL DISTRICTS 25.10.040 SPECIFIC USE STANDARDS. The following provisions apply as indicated to the uses listed in Table 25.10-1 (Use Matrix for Residential Districts): A. Multifamily. Multifamily dwelling units are permitted within the R-2 district up to a maximum of 10 dwelling units per acre, or as indicated on the zoning map. Multifamily dwelling units are permitted within the R-3 district at densities between 7 and 40 dwelling units per acre, or as indicated on the zoning map. B. Group Home. When permitted according to Table 25.10-1 (Use Matrix for Residential Districts), group homes are limited to 6 or fewer residents. C. Planned Residential. Cluster development and/or condominiums are permitted as part of a planned development. D. Kennel. Excluding domestic pets, all boarding for animals or fowl must be at least 100 feet away from any neighboring residential home. E. Stables. The stabling of horses (or mules) is permitted with an administrative use permit in the residential estate district subject to the following provisions: 1. Two standard horses (or mules) over 14.2 hands, 58 inches shall be permitted on a lot of 40,000 square feet minimum area with a total number of horses all sizes not exceeding three. (This would allow one additional pony or the temporary keeping of one foal). 2. Horses must be kept within a corral and/or enclosed stable of the following minimum dimensions: Page 255 ORDINANCE NO. -67- a. Corral. 288 square feet per horse; minimum dimensions of 12 by 24 feet, and one-third shaded. b. Stable. 144 square feet, minimum dimension 12 feet by 12 feet per horse. Stable shall be ventilated for the desert environment. c. Construction. Corrals and stables shall be constructed of material and in such a manner to adequately contain the horses. 3. Barns, corrals or stables constructed to maintain horses shall be located not less than 35 feet from any residence or habitable structure on the same lot and not less than 50 feet from any residence or habitable structure on adjacent lots. Barns, corrals, or stables may be located within 50 feet of a front property line if the finding can be made that the design and appearance of such structures are compatible with surrounding properties. No horses shall be permitted within 100 feet of an adjacent Property not zoned RE (i.e., R1, O.P., PR). 4. Definitions for Organic Material, and Diverted from Chapter 8.16 shall apply to this subsection. Animal manure shall be stored in appropriate receptacles and composted or otherwise properly Diverted as an Organic Material, according to Chapter 8.19, not less than once per week. 5. Barns, corrals, or stables shall be cleaned and maintained such that dust, flies, and odors shall not create a nuisance for adjacent properties and not less than once per day. F. Large Family Day Care. Large family day care facilities require the issuance of a large family day care use permit in accordance with Section 25.64.020, and are permitted subject to the following requirements: 1. Space and Concentration. Properties proposed for use as large family day care homes shall be located no closer than 300 feet in all directions from another large family day care home. An adjustment may be granted according to Chapter 25.64.030 (Adjustments) of this ordinance to reduce this distance to no more than 100 feet. 2. Traffic Control. A traffic circulation plan shall be designed to diminish traffic safety problems. Residences located on major arterial Streets (as shown on the General Plan circulation map) must provide a drop-off/pick-up area designed to prevent vehicles from backing onto the arterial roadway. The applicant may be required to submit a plan of staggered drop-off and pick-up time ranges to reduce congestion in neighborhoods already identified as having traffic congestion problems. 3. Parking. All homes used for large family day care facilities shall provide at least three automobile parking spaces, no more than one of which may be provided in a garage or carport. Parking may be on-street if contiguous to Property. These may include spaces already provided to fulfill residential parking requirements. 4. Noise Control. Operation of the facility shall comply with all provisions of Chapter 9.24 (Noise Control) of the Palm Desert Municipal Code. Additional conditions may be placed on use permits to reduce noise impact if ongoing problems exist. 5. Signage. No signs or other exterior markings identifying a large family day care operation shall be allowed on the applicant’s home. Page 256 ORDINANCE NO. -68- 6. Residency. The applicant must be a primary resident of the home that is proposed as a large family day care home. 7. Contact Person. The current name(s) and telephone number(s) of the applicant, and all other operators if different from the applicant, of the family day care home shall be on file with the city at all times. 8. State Licensing. All appropriate licensing from the California Department of Social Services shall be obtained prior to commencing operation of any large family day care home in the City. 9. Building and Fire Code Compliance. Consistent with Section 1597.46 of the Health and Safety Code, the proposed large family day care home must comply with all building and fire code provisions applicable to single-family residences, and with such additional standards as the State Fire Marshal, from time to time, adopts pursuant to Section 1597.46(d) of the Health and Safety Code to promote the fire and life safety of children in large family day care homes. (See Title 22 of the California Code of Regulations.) 10. Smoking Restricted. Consistent with Section 1596.795 of the Health and Safety Code, smoking of tobacco and other substances—whether in pipe, cigar, or cigarette form—shall not be allowed in the applicant’s home during its hours of operation as a large family day care home with respect to those areas of the home where children are present. 11. Proof of Control. No use permit shall be issued unless the applicant can demonstrate legal authority and control over the Real Property proposed to be used as a large family day care home. G. Recreational Use, Commercial. Commercial recreation uses are limited to the PR zone only with the issuance of a conditional use permit when not directly related to a permitted residential development. H. Recreation Facility, Incidental. Limited commercial uses are authorized as part of this use classification which are commonly associated with and directly related to the primary use. I. Commercial Parking Lot. Parking lots that service commercial establishments are permitted within 300 feet of the related commercial establishment. J. Hotel and Resort Hotel. In the R-3 zoning district, these uses are permitted up to a maximum of 40 units per gross acre with the issuance of a conditional use permit. In the PR zoning district, the maximum density shall be approved by the Commission or Council. K. Government Office Building. Small neighborhood government office buildings are permitted up to 5,000 square feet in size. L. Office Parking Lot. Parking lots that serve office developments are permitted when located directly adjacent to the office professional zone and consistent with recommendations of the General Plan. M. Professional Office within Residential District. These uses are permitted with the issuance of a conditional use permit, provided Property to be developed is abutting or across the Street, or across an alley from commercially zoned Property. Residential development standards are to be used to ensure compatibility. Page 257 ORDINANCE NO. -69- 25.10.050 DEVELOPMENT STANDARDS. The development standards on Table 25.10-3 (Residential Zoning District Development Standards) are applicable to the residential zoning districts. These standards, along with other development standards (e.g., landscaping requirements, signs, and parking standards) in this title, are intended to assist Property Owners and project designers in understanding the city’s minimum requirements and expectations for high-quality development. A. Hillside Planned Residential Development Standards. The following standards must be met prior to the approval of a hillside development plan as described in Section 25.78.020: 1. Density. Each lot shall be limited to a maximum of one unit per 5 acres. All lots will be entitled to at least one unit. 2. Grading. Location of building pads and access roads shall be evaluated, approved, or adjusted based on consistency with the following: 3. Preserved natural contours of the land to avoid extensive cut and fill slopes to reduce the need for a staircase effect within developments. b. Architecture and landscape design which blends with the natural terrain to the greatest practical extent. c. Retention and protection of undisturbed viewsheds, natural landmarks, and features including vistas and the natural skyline as integral elements. d. Building Pad Area. The maximum area permanently disturbed by grading shall not exceed 10,000 square feet. e. Access Road or Driveway. Maximum permanent grading disturbance of natural terrain for development of access to the approved building pad shall be 3,000 square feet. Roads shall be located and designed to blend with the natural terrain to the greatest practical extent consistent with the grading provisions listed in this subsection A.2. f. Renaturalization. All cuts, fills, or other areas temporarily disturbed by grading shall be re-naturalized, colored, and landscaped to blend with the adjacent undisturbed natural terrain to the satisfaction of the city council. g. Maximum Dwelling Unit Size. Total dwelling unit, garage and accessory building size on any one lot shall not exceed 4,000 square feet. 4. Exception. The standards of subsections A.1 through A.3 of this section shall be required unless modified by one of the following: 5. Precise Plan. The commission and council may approve a precise plan of design through public hearing process that modifies the standards in subsection A.1 through A.3. Said precise plan shall take into consideration any and all circumstances, including, but not limited to, viewshed, topography, color, texture, and profile of any structure that the commission or council may determine to be in conformity with the purposes set forth in this section. b. Previously Approved Existing Building Pads. If a Property Owner can demonstrate that a previous building pad was approved by the city or county before incorporation, a home and accessory structure(s) may be built on a previously approved building pad without a public hearing. The Page 258 ORDINANCE NO. -70- building size shall be limited to 35 percent of the lot, which may be increased up to 50 percent with ARC approval. Enlarging a previously approved existing building pad shall require a new public hearing subject to the provisions of this chapter. c. Previously approved existing building pads shall be subject to the standard coverage limitations of 35 percent, which may be increased up to 50 percent with ARC approval. Any change to an existing approved building pad shall require a new public hearing subject to the provisions of this chapter. 6. Development on or across ridges is prohibited. 7. Building pads and architecture shall be designed to eliminate or minimize any visual impact on the city to the maximum extent feasible. 8. All common open space shall be preserved for that purpose as shown in the development plan. The developer shall choose one or a combination of the following 3 methods of administering common open space: 9. Dedication of common open space to the city, which is subject to formal acceptance. b. Establishment of an association or nonprofit corporation of all Property Owners or corporations within the project area to ensure perpetual maintenance of all common open space. c. Retention of ownership, control, and maintenance of all common open space by the developer; all privately owned common open space shall continue as such and shall only be used in accordance with the development plan; appropriate land use restrictions shall be contained in all deeds to ensure that the common open space is permanently preserved according to the development plan; said deed restrictions shall run with the land and be for the benefit of present as well as future Property Owners, and shall contain a prohibition against partition of common open space. d. Design Criteria. The following design criteria are established: a. The overall plan shall achieve an integrated land and building relationship. b. Open spaces, pedestrian and vehicular circulation facilities, parking facilities, and other pertinent amenities shall be an integral part of the landscape and particular attention shall be given to the retention of natural landscape features of the site. c. The layout of structures and other facilities shall affect a conservation in Street and utility improvements. d. Recreational areas, active and passive, shall be generally dispersed throughout the development and shall be easily accessible from all dwelling units. e. Architectural unity and harmony within the development and with the surrounding properties shall be attained. f. Planned Residential District Standards. 1. Purpose. It is the purpose of the PR district to provide for flexibility in development, creative and imaginative design, and the development of parcels of land as coordinated projects involving a mixture of residential densities and housing types, and community facilities. The PR district is further intended to provide for the optimum integration of urban and natural amenities within developments. The PR district is also established to give a land developer Page 259 ORDINANCE NO. -71- assurance that innovative and unique land development techniques will be given reasonable consideration for approval and to provide the city with assurances that the completed project will contain the character envisioned at the time of approval. 2. Filing Procedure. To initiate the review process, the applicant shall file applications for a change of zone (if needed) to a PR district along with a precise plan, tentative tract/parcel map and supporting environmental documentation. 3. Maximum Project Densities. The maximum project density shall be as expressed in dwelling units per gross acre of not more than the number following the zoning symbol PR. The council shall determine the densities to be allowed within each PR district at the time the involved properties are rezoned and as designated on the zoning map within the following range: one to 40 dwelling units maximum per average gross acre. The density designation shall mean dwelling units per average gross acre. For example, PR-7 means a planned residential development with seven units per gross acre. 4. Maximum Density for “Affordable Projects.” For projects containing at least 20 percent units affordable to low-income households as defined by the Riverside County Housing Authority, a maximum density of 55 dwelling units per acre may be allowed by precise plan. To be eligible for this program, the developer must enter into a development agreement which will tie the zoning designation and the precise plan approval to affordable housing performance standards. 5. Development Standards Applicable. All areas within the project site shall be subject to the following: 6. The standards for development of PR districts set forth in this chapter and any supplemental standards for the planned community designated in the precise plan. b. Off street parking and loading requirements. All parking and loading shall comply with the provisions of Chapter 25.46. c. Utilities. For provisions regarding utilities, see Section 25.40.120. d. Signs. All signs shall be in compliance with Chapter 25.56. e. Outside Storage. No outside storage shall exceed the height of actual perimeter screening. f. Screening. All screening requirements for developments within the PR district shall be determined by the ARC during review of the precise plan. g. Discarded Material Handling. Discarded material holds the same definition and regulations as provided in Chapter 8.16.Enclosures for handling Discarded Materials shall be provided for all developments within the PR district with the exception of single-family detached dwelling units. An enclosure for Discarded Materials will be provided and follow the regulations as established in Chapter 8.12. The freestanding Discarded Materials enclosure shall be constructed of masonry block. No Discarded Materials shall be allowed to extend above or beyond the enclosure. h. Site Plan Review. Review of a site plan by Planning Department staff shall be required before a building permit is issued for any development in the PR district. Page 260 ORDINANCE NO. -72- 7. Special Standards. In addition to requiring all development plans to comply with the following special standards the council and/or commission may impose such other conditions to the development plan as it deems necessary or desirable in carrying out the general purpose and intent of this chapter. 8. Minimum Project Area. Projects of less than 7 dwelling units per acre shall have a minimum area of 5 acres. Projects of 7 to 18 dwelling units per acre shall have a minimum area of 10 acres. Projects with 18+ dwelling units per acre shall have a minimum area greater than 10 acres. b. Minimum Project Width. Projects of less than 7 dwelling units per acre shall have a minimum width of 200 feet. Projects of 7 to 18 dwelling units per acre shall have a minimum width of 250 feet. Projects with 18+ dwelling units per acre shall have a minimum width greater than 300 feet. c. Minimum Project Perimeter Setback. The minimum perimeter setback shall be 20 feet from all Property lines adjacent to existing or proposed public Streets. d. Minimum Project Building Coverage. Projects of less than 7 dwelling units per acre shall have a maximum building coverage of 40 percent. Projects of 7 to 18 dwelling units per acre shall have a maximum building coverage of 50 percent. Projects with 18+ dwelling units per acre shall have a maximum building coverage of 80 percent. e. Minimum Lot Area. For single-family detached, the minimum lot area shall be as approved by the development plan. For single-family attached, the minimum lot area shall be 2,500 square feet. For a two-story dwelling, the minimum lot area shall be 3,000 square feet. For multiple-family buildings, the minimum lot area shall be as approved on the tract map. f. Minimum Yards—Development Standards. For single-family attached, two-story family dwellings and multiple-family buildings, the minimum front, side, and rear yards shall be as approved on the tract map. 9. Minimum Separation Between Sides of Buildings. For single-story, single-family detached buildings there shall be a minimum of 7 feet between sides. For two- story, single-family detached buildings there shall be a minimum of 10 feet between two-story elements. 10. Minimum Common Open Space. 11. Projects of less than 7 dwelling units per acre shall have a minimum common open space of 30 percent of the net area. b. Projects of 7 to 18 dwelling units per acre shall have a minimum common open space of 20 percent of the net area. c. At least 50 percent of all required common open space shall be approximately level, defined as not more than 13.5 percent grade. d. The common open space shall be land within the total development site used for recreational, including buildings used for recreation purposes, parks or environmental purposes for enjoyment by Occupants of the development and their guests, or dedicated to the city for public parks. e. Common open space shall not include public or private streets, driveways, private yards, or patios and parking areas. Page 261 ORDINANCE NO. -73- f. Building Height. The maximum building height in a PR district shall be 40 feet or three-story, whichever is less, or as approved by the Planning Commission. 12. Maximum Dwelling Units per Building. The maximum number of dwelling units per building shall be as approved by the Planning Commission. 13. Required Width of Private Roads. With no parking, the private roads shall be 20 feet wide. With parking on one side, 32 feet wide. With parking on two sides, 40 feet wide. The roadways shall be a minimum of asphaltic concrete with concrete curbs and gutters as approved by the Director. Standards of design and construction of roadways, both public and private, within the project may be modified as is deemed appropriate by the city, especially where it is found that the development plan provides for the separation of vehicular and pedestrian circulation patterns and provides for adequate off street parking facilities. 14. RV Park Standards. The following standards apply to recreational vehicle parks: 15. Minimum project size of 5 acres. b. Maximum density of 12 spaces per acre. c. Minimum space area of 1,500 square feet, minimum dimension 30 feet by 50 feet. d. Minimum 40 percent common open space/recreation area. e. Front project setback adjacent to public street of 25 feet with combination of 6-foot masonry wall and landscaping to screen all recreation vehicles. f. Interior property lines to be bounded by 6-foot masonry wall and at least 10 feet of landscaping. g. Projects may be single-use or developed as part of a larger resort or residential development. h. RV parks shall be taxed as a transient occupancy use. i. Permitted Accessory Uses. Private recreational facilities and limited commercial directly associated with primary use as approved by commission. j. Building Setbacks from the Planned Street Line. The minimum setback in all residential developments within the PR district shall be the designated distances from the ultimate right-of-way line of the Streets specified in this title unless otherwise provided in this section: Page 262 ORDINANCE NO. -74- Table 25.10-2: Setbacks from Planned Street Lines Street Type Setback Distance Freeway 50 feet Major 32 feet Arterial 32 feet Collector 25 feet Local 25 feet 16. Two-story, single-family detached building setbacks from project perimeter: a. The minimum setback shall be 100 feet or one lot depth, whichever is more. b. The commission may waive interior setback requirements when adjacent developments are planned simultaneously. c. Development standards within the PR districts may be modified through the precise plan process as specified in Section 25.72.030. b. Approval Criteria. The commission and/or council may approve a precise plan only after finding that the requirements of this title and other ordinances affecting the Property have been satisfied. In granting such approval, the commission/council may impose and enforce such specific conditions as to site development, phasing and building construction, and maintenance and operation as it deems necessary to carry out the purposes of this title and the General Plan. All development within the PR district shall comply with the development plan as approved and adopted by the commission/council. Page 263 ORDINANCE NO. -75- Table 25.10-3: Residential Zoning District Development Standards Measurement/Zo ning District RE3 R-13 R-2 R-3 R- 1M1 HPR4 P.R .5 ≥1 ac ≥15,0 00 sf ≥10,0 00 sf, but ≤15,0 00 sf <10,0 00 sf Residential Density Density (du/ac), min – max 1 - 2 2 - 3 3 - 4 5 - 8 3 - 10 7 – 40 7 1/5 ac 4 - 40 Lot Dimensions Lot size, min 40,00 0 sf 15,00 0 sf 10,00 0 sf 8,000 sf 3,50 0 sf 3,00 0 sf 20 ac / 5,00 0 sf – – Lot size, max 1 ac No max 14,99 9 sf 9,999 sf No max No max No max – – Lot width, min 150′ 90′ 90′ 70′ 50′ 40′ 500′ – – Lot depth, min 200′ 125′ 100′ – - - – – – Setbacks Front yard, min 30′ 25′ 20′ 20′ 12′ 10′ 20′ / 5′ – – Side yard, min 15′ 15′ 8′ 5′ 6 5′ 8′ 10′ / 5′ – – Combined both sides, min 30′ 30′ 20′ 10′ 6 10′ 10′ – – – Street side yard, min 30′ 15′ 10′ 10′ 10′ 10′ 20′ / – – – Page 264 ORDINANCE NO. -76- Rear yard, min 50′ 20′ 20′ 15′ 15′ 10′ 10′ / 5′ – – Residential accessory structures See Section 25.40.050 (Accessory Buildings and Structures) Coverage Lot coverage, max percentage of lot area 30% 35%2 35%2 35%2 60% 75% – 10% 50 % Building Measurements Height, max 15′ (18′ ARC) 7 15′ (18′ ARC)7 15′ (18′ ARC)7 15′ (18′ ARC) 30′ 40′ 18′ _ 40′ Number of Stories, max. 1 1 1 2 2.5 3 1 1 3 Dwelling unit size, min 1,500 sf 1,250 sf 1,000 sf 1,000 sf 600 sf 450 sf – – – Dwelling unit size, max – – – – 4,00 0 sf 4,00 0 sf – 4,000 sf – Site area per dwelling unit, min – – – – 4,00 0 sf 2,50 0 sf – – – Building pad area, max – – – – – – – 10,00 0 sf – Open Space Group usable open space per dwelling unit, min – – – – – 300 sf – – – Page 265 ORDINANCE NO. -77- Notes 1. The dimension requirements included in this column apply to a manufactured home park project sites as well as individual sites within the park. The first dimension is for the larger project site. 2. Lot coverage may be increased to as much as 50 percent pending ARC approval, through the design review process. 3. All development standards are based on the square footage shown on the zoning map and not necessarily the physical lot size of a Property. Properties only zoned R-1 without a square footage allocation shall comply with standards for < 10,000 square feet. Confirm standards with Planning Division staff for correct zoning designation and lot size development standards. 4. Hillside Development Plan approval process in Section 25.78.020 5. The standards and guidelines presented in this section provide design criteria for the achievement of functional and attractive developments that fit within the context of the city of Palm Desert. Exceptions to the criteria contained within the Development Plan may be appropriate with the application of innovative and unique design techniques in keeping with the character envisioned at the time of approval. 6. Setbacks within the Palm Desert Country Club in R-1 and R-2 have a 5 feet sideyard setback (See Figure 25.10-1 Palm Desert Country Club Setbacks) and a combined setback of 10 feet. 7. Allowable maximum building height is 18 feet with approval by the Architectural Review Commission (ARC). Page 266 ORDINANCE NO. -78- Figure 25.10-1 Palm Desert Country Club Setbacks Page 267 ORDINANCE NO. -79- PASSED, APPROVED, ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 13th day of January, 2022, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JAN C. HARNIK, MAYOR ATTEST CITY CLERK CITY OF PALM DESERT, CALIFORNIA Page 268 ORDINANCE NO. -1- ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTERS 1.04 (GENERAL PROVISIONS), 1.08 (CITATIONS FOR CODE VIOLATIONS), 1.12 (GENERAL PENALTY), 3.30 (PURCHASING SYSTEM AND PUBLIC WORKS CONTRACTS), 8.12 (TRASH ENCLOSURES), 8.16 (SOLID WASTE), 8.17 (RECYCLABLE MATERIALS), 8.19 (AUTOMATED COLLECTION OF SOLID WASTE, RECYCLING AND GREEN WASTE FOR ALL RESIDENTS), 8.80 (ADMINISTRATIVE REMEMDIES), 8.81 (ADMINISTRATIVE CITATIONS), 15 (BUILDING AND CONSTRUCTION), AND 24.04 (WATER-EFFICIENT LANDSCAPE) OF THE PALM DESERT MUNICIPAL CODE TO UPDATE ORGANIC WASTE RECYCLING REQYUREMENTS FOR RESIDENTS AND BUSINESSES IN COMPLIANCE WITH STATE LAW (CALIFORNIA SENATE BILL 1383). The City Council of the City of Palm Desert, DOES HEREBY ORDAIN, as follows: Section 1.04 of the Code of the City of Palm Desert, California, is hereby amended to read as follows: 1.04 GENERAL PROVISIONS 1.04.010 DEFINITIONS. The following words and phrases, whenever used in this code, shall be construed as defined in this section unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases: A. “City” means the cityCity of Palm Desert, California, or the area within the territorial limits of the cityCity, and such territory outside of the cityCity over which the cityCity has jurisdiction or control by virtue of any constitutional or statutory provision. B. “Council” means the cityCity Councilcouncil of the cityCity. “All its members” or “all Cccouncilmembers” means the total number of Ccouncilmembers holding office. C. “County” means the county of Riverside. D. “Law” denotes applicable federal law, the Constitution and statutes of the Sstate of California, the ordinances of the cityCity, and, when appropriate, any and all rules and regulations which may be promulgated thereunder. E. “May” is permissive. Page 269 ORDINANCE NO. -2- F. “Month” means a calendar month. G. “Must” and “shall” are each mandatory. H. “Oath” means and includes an affirmation or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words “swear” and “sworn” shall be equivalent to the words “affirm” and “affirmed.” I. “Owner,” applied to a building or land, includes any part owner, joint owner, tenant in common, joint tenant, tenant by the entirety, of the whole or a part of such building or land. J. “Person” means and includes a natural personPerson, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the managerManager, lessee, agent, servant, officer, or employee of any of them. K. “Personal Pproperty” includes money, goods, chattels, things in action and evidences of debt. L. “Preceding” and “following” mean next before and next after, respectively. M. “Property” includes Rreal and Ppersonal Pproperty. N. “Real Pproperty” includes lands, tenements and hereditaments. O. “Sidewalk” means that portion of a Sstreet between the curbline and the adjacent property line intended for the use of pedestrians. P. “State” means the Sstate of California. Q. “Street” includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in the cityCity which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of the Sstate. R. “Tenant” and “Ooccupant,” applied to a building or land, include any personPerson who occupies the whole or a part of such building or land, whether alone or with others. S. Title of Office. Use of the title of any officer, employee, Ddepartment, board, or commission means that officer, employee, Ddepartment, board, or commission of the cityCity. T. “Written” includes printed, typewritten, mimeographed, multigraphed, or otherwise reproduced in permanent visible form. U. “Year” means a calendar year. Page 270 ORDINANCE NO. -3- 1.04.020 INTERPRETATION OF LANGUAGE. All words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning. 1.04.030 GRAMMATICAL INTERPRETATION. The following grammatical rules shall apply in this code, unless it is apparent from the context that a different construction is intended: A. Each gender includes the masculine, feminine and neuter genders. B. The singular number includes the plural and the plural includes the singular. C. Words used in the present tense include the past and the future tenses and vice versa, unless manifestly inapplicable. 1.04.040 ACT BY AGENT DEEMED ACT BY PRINCIPAL. When an act is required by this code, the same being such that it may be done as well by an agent as by the principal, such requirements shall be construed to include all such acts performed by an authorized agent. 1.04.050 PROHIBITED ACTS INCLUDE CAUSING AND PERMITTING. Whenever in this code any act or omission is made unlawful, it includes causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of the act or omission. 1.04.060 COMPUTATION OF TIME. Except when otherwise provided, the time within which an act is required to be done shall be computed by excluding the first day and including the last day, unless the last day is Sunday or a holiday, in which case it shall also be excluded. 1.04.070 CONSTRUCTION. The provisions of this code and all proceedings under it are to be construed with a view to effect its objects and to promote justice. 1.04.080 REPEAL NOT TO REVIVE ANY ORDINANCES. The repeal of an ordinance shall not repeal the repealing clause of an ordinance or revive any ordinance which has been repealed thereby. Page 271 ORDINANCE NO. -4- 1.04.090 RIGHT OF CITYCITY TO BRING LEGAL ACTION. In addition to the remedies set forth in this code, the cityCity Ccouncil is authorized to bring a legal action in a court of competent jurisdiction for the recovery of any moneys expended by it in order to enforce the provisions of this code. In the event that legal action is brought by the cityCity against any individual, corporation, association or entity, reasonable attorneyAttorney’s fees and costs shall constitute a debt owing by the individual, corporation, association or entity to the cityCity. After the action is brought and the service of the summons and complaint has been made upon the individual, corporation, association or entity and a judgment has been obtained by the cityCity, the cityCity may enforce the judgment by execution and sale in accordance with the procedures set forth by law for the enforcement of judgments. The judgments shall bear interest at the rate of ten percent per year and shall include reasonable attorneyAttorney’s fees and costs of suit. The remedy as set forth in this section shall be nonexclusive and the cityCity may pursue any or all of the remedies as contained in this code for the enforcement of this code. 1.04.095 RECOVERY OF ATTORNEYATTORNEYS’ FEES IN NUISANCE ABATEMENT ACTION. In any action, administrative proceeding or special proceeding, brought by the city to abate a nuisance, the prevailing party shall be entitled to a recovery of reasonable attorneyAttorneys’ fees. This section shall apply only if the cityCity elects, at the initiation of the individual action or proceeding, to seek recovery of its own attorneyAttorneys’ fees. The amount of attorneyAttorneys’ fees in the action, administrative proceeding or special proceeding, shall not exceed the amount of reasonable attorneyAttorneys’ fees incurred by the cityCity in the action or proceeding. 1.04.100 JUDICIAL REVIEW—ADMINISTRATIVE DECISIONS. The cityCity Ccouncil adopts California Code of Civil Procedure Section 1094.6, which defines the time period in which judicial review may be requested for certain final administrative decisions and orders under California Code of Civil Procedure Section 1094.5. Pursuant to Section 1094.6(f), the cityCity clerk shall provide notice to any party to a final decision indicating that the time within which judicial review must be sought is governed by California Code of Civil Procedure Section 1094.6. Section 1.08 of the Code of the City of Palm Desert, California, is hereby amended to read as follows: 1.08 CITATIONS FOR CODE VIOLATIONS 1.08.010 AUTHORITY OF CITYCITY MANAGERMANAGER. The City Manager and/or theirhis designated representative in the Code Compliance Division shall have the power to issue misdemeanor or infraction citations only with Page 272 ORDINANCE NO. -5- respect to any violation of any section of the municipal code except those specific codes administered solely by the fire department and police department. The cityCity managerManager and/or theirhis designated representative acting as the fire marshal and/or fire inspector shall have the power to issue misdemeanor or infraction citations only with respect to any violation of any section of the Uniform Fire Code adopted by the Palm Desert Municipal Code. However, the cityCity managerManager and/or theirhis designated representative shall have the power to issue citations for nonmoving traffic violations. Section 1.12 of the Code of the City of Palm Desert, California, is hereby amended to read as follows: Chapter 1.12 GENERAL PENALTY 1.12.010 GENERAL PENALTY—CONTINUING VIOLATIONS. Whenever in this code or in any other ordinance of the cCity, or in any resolution of the cCity adopted in accordance with the provisions of this code, any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or the doing of any act is required or the failure to do any act is declared to be unlawful or any offense or a misdemeanor, where no specific penalty is provided therefor, the violation of any such provision of this code or any other ordinance of the cCity shall be punished by a fine not exceeding one thousand dollars or imprisonment for a term not exceeding six months, or by both such fine and imprisonment. Unless otherwise indicated to the court upon filing or upon motion of the City Attorney, all violations of this code shall be prosecuted as infractions and the term of imprisonment referred to above shall not be applicable. In unusual situations where there are repeated offenses or where the violation is particularly detrimental, the violation presently designated in this code as a misdemeanor may be prosecuted as a misdemeanor on motion of the City Attorney. 1.12.040 SEPARATE OFFENSE EACH DAY. Except in cases where a different penalty is prescribed by any ordinance of the cityCity, each personPerson is guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of the cityCity is committed, continued, or permitted by any such personPerson, and he shall be punishable accordingly. Section 3.30 of the Code of the City of Palm Desert, California, is hereby amended to read as follows: 3.30 PURCHASING SYSTEM AND PUBLIC WORKS CONTRACTS 3.30.010 PURPOSE. Page 273 ORDINANCE NO. -6- The purpose of this chapter is to prescribe efficient policies and procedures for the procurement of Ppublic Wworks projects, Ccontractual Sservices, Pprofessional Sservices, and materials, supplies, and equipment to better serve the cityCity’s residents. All purchasing will be done with absolute integrity and equal opportunity will be provided to all, free of discrimination. 3.30.020 DEFINITIONS. The following terms, whenever used in this chapter, shall be construed as follows: “Contractual Sservices” mean all services, other than Pprofessional Sservices, including, but not limited to, repairs, maintenance work, and rental equipment. The term does not include services rendered by cityCity officers or employees. “Department” or “Aagency” means a Ddepartment, Aagency, or other unit of the cityCity government whose affairs and funds are under the supervision and control of the cityCity Ccouncil. “Designated Pposition” means a cityCity staff position authorized by the cityCity managerManager to make purchases consistent with this chapter subject to dollar limits set by the cityCity managerManager. “Local Bbusiness” means a vendor, contractor, or consultant who has a valid physical business address located within one of the nine incorporated cities of the Coachella Valley, or within an unincorporated area of Riverside County in the Coachella Valley within the boundaries of the Coachella Valley Association of Governments, at least six months prior to bid or proposal opening date, from which the vendor, contractor, or consultant operates or performs business on a day-to-day basis, and holds a valid business license by a jurisdiction located in the Coachella Valley. Post office boxes are not verifiable and shall not be used for the purpose of establishing such physical address. “Materials, Ssupplies, and Eequipment” means any and all articles, things, or Pproperty, other than Rreal Pproperty, furnished to be used by any cityCity Aagency. “Paper Products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51). “Printing and Writing Papers” include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54). Page 274 ORDINANCE NO. -7- “Professional Sservices” means all services performed in a professional occupation including, but not limited to, accounting, auditing, appraising, computer hardware and software support, engineering, architectural, planning, environmental, redevelopment, financial, economic, social services, legal, construction project management, communications, land surveying and other similar professional functions which may be necessary for the operation of the cityCity. “Public Pproject” or “Ppublic Wworks” means: 1. A project for the erection, improvement, painting, or repair of public buildings and works. 2. Work in or about streams, embankments, or other works for protection against overflow. 3. Street or sewer work except maintenance or repair. “Prime contractor” means the contractor who contracts directly with the cityCity. “Purchasing” means the procurement of Ppublic Pprojects, Ccontractual Sservices, Pprofessional Sservices, and materials, supplies, and equipment as needed by the cityCity. “Recycled-Content Paper” means Paper Products and Printing and Writing Paper that consists of at least thirty percent (30%), by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61). “Subcontractor” means a contractor who contracts directly with the prime contractor. 3.30.030 PURCHASING OFFICER. The Ppurchasing Oofficer shall be the cityCity managerManager or designee. The cityCity managerManager may delegate some or all of the duties of that position to one or more subordinate employees. The Ppurchasing Oofficer shall supervise the Ppurchasing functions of the cityCity. The Ppurchasing Oofficer is authorized to establish methods and procedures for efficient and economical Ppurchasing. 3.30.040 PURCHASING OOFFICER—POWERS AND DUTIES. The Ppurchasing Oofficer, in accordance with this chapter and any written policies and/or procedures approved by the cityCity managerManager consistent with this chapter, shall have the power to: A. Purchase and Contract. Purchase or contract for Ppublic Pprojects, Ccontractual Sservices, Pprofessional Sservices, and Mmaterials, Ssupplies, and Eequipment required by the cityCity. B. Purchasing Policies Procedures. Prepare and implement policies and procedures governing the bidding, contracting, and Ppurchasing of Ppublic Pprojects, Page 275 ORDINANCE NO. -8- Ccontractual Sservices, Pprofessional Sservices, and Mmaterials, Ssupplies, and Eequipment for the cityCity. C. Forms. Prescribe and maintain such forms as may be reasonably necessary to the implementation of this chapter and any other policies and procedures approved by the cityCity managerManager consistent with this chapter. D. Surplus Materials, Supplies, and Equipment. Establish policies and procedures to sell, repurpose or Ddispose of any Mmaterials, Ssupplies, and Eequipment not needed for public use or that are obsolete, damaged beyond repair, or may become unsuitable for their intended use including establishing value thresholds for surplus. E. Purchase for Resale. May, by adopting a procedure approved by the cityCity managerManager, authorize the purchase of Mmaterials, Ssupplies, and Eequipment for resale from such enterprises as the golf course, or visitor’s center to obtain the best possible price for the desired merchandise. Such purchases shall not be subject to the award limits noted in this chapter, provided funding is available within the appropriated budget. F. Bidder, Contractor and Vendor Lists and Catalogs. Develop and maintain any bidder’s list, contractor’s list or vendor’s list necessary to the operation of this chapter and any other policies and procedures approved by the cityCity managerManager consistent with this chapter. G. Recycled Product Procurement Policy. Establish and maintain procedures and specifications for the purchase of Recycled-Content Paper and Recycled-Content Paper Products as described in Section 3.30.190.B.4. of paper and paper products that give preference whenever feasible to the purchasing of recycled paper and paper products containing recycled paper. 3.30.190 PREFERENCE FOR RECYCLED CONTENT. A. Environmentally Preferable Practices: The City will act to make resource conservation an integral part of its waste reduction and recycling programs. The practice of discarding materials used in the City facilities is wasteful of natural resources, energy, and money. 1. The City will integrate the concept of resource conservation, including waste reduction and recycling, into its environmental programs. 2. The City will decrease the amount of waste of consumable materials by: a. Reducing the consumption of consumable material wherever possible. b. Fully utilizing all material prior to Disposal. c. Minimizing the use of nonbiodegradable products wherever possible. 3. The City will cooperate with, and participate in, recycling efforts being made by the City and County. As systems for recovering waste and recycling develop within the City limits, the City will participate by appropriately separating and allowing recovery of recyclable waste products. 4. All vendors providing Paper Products and printing and writing paper shall: a. Provide Recycled-Content Paper Products and Recycled-Content Printing and Writing Page 276 ORDINANCE NO. -9- Paper that consists of at least thirty percent (30%), by fiber weight, postconsumer fiber, if fitness and quality are equal, and available at equal or lesser price. b. Provide Paper Products and Printing and Writing Paper that meet Federal Trade Commission recyclability standard as defined in 16 Code of Federal Regulations (CFR) Section 260.12. c. Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the Paper Products and Printing and Writing Paper offered or sold to the City. This certification requirement may be waived if the percentage of postconsumer material in the Paper Products, Printing and Writing Paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website. d. Certify in writing, on invoices or receipts provided, that the Paper Products and Printing and Writing Paper offered or sold to the City is eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations (CFR) Section 260.12. B. Representatives of the City will actively advocate, where appropriate, for resource conservation practices to be adopted at the local, regional, and national levels. Section 8.12 of the Code of the City of Palm Desert, California, is hereby amended to read as follows: 8.12 DISCARDED MATERIAL TRASH ENCLOSURES 8.12.005 DEFINITION OF TERM. Within this chapter, the term “Discarded Materialtrash enclosures” is defined hereinafter as an enclosure for solid wasteSolid Waste, and recyclingable materials, and Organic Materials Containers unless otherwise specified. All definitions from Chapter 8.16 will also apply in this Chapter 8.12. (Ord. 612 § 2, 1990). 8.12.010 REQUIREMENTS. In order to protect personsPersons against hazardous conditions and safeguarding the public welfare by preventing unsightly storage of trashDiscarded Materials that may devalue the neighborhood and community, the cityCity Ccouncil requires trash Discarded Material enclosures to be provided for all new construction, constructed additions that result in an increase of thirty percent (30%) or more in floor area within a 12 month period, multifamily, office, institutional, commercial, and manufacturing uses in any zone district in the cityCity. All such enclosures shall be constructed in accordance with specifications approved and on file with the City Manager and the building division. Required building permits shall not be issued until the City Manager has approved the size, design, and location of said enclosures. Discarded material enclosures Refuse storage areas may be combined for more than one generatorGeneratoruse, provided the capacity is adequate for all generatorGeneratorusers. Page 277 ORDINANCE NO. -10- 8.12.020 EXCEPTIONS. A. The requirement of trash enclosures shall not apply for uses where the refuse container is completely screened from the public by walls, fences, buildings or planting.B. Temporary use of twelve-cubic-yard containerContainers or larger, or temporary compactors for cleanup of lots or buildings shall not be required to be enclosed. 8.12.030 ENCLOSURE CONSTRUCTION STANDARDS. Discarded material Solid waste and recycling enclosures shall be of adequate size to contain, at minimum, a solid wasteSolid Waste container, a Recyclable Materials, and an Organic Materials Container and a recycling container that meets the needs of the facility as required by the California Code of Regulations, Title 23, the California Green Building Standards Code, Chapter 4 Residential Mandatory Measures, and Chapter 5 Nonresidential Mandatory Measures. Minimum construction standards shall be as designated in Exhibits A, B, C, and D as amended of the ordinance codified in this chapter or as approved by the director of public works or designee. Enclosure(s) shall be of adequate size to accommodate facility’s size and use, properly located for functional use by the user and the disposal company, view-obscured from all sides, and built of approved materials compatible to the buildings, walls, and surroundings. Page 278 ORDINANCE NO. -11- Page 279 ORDINANCE NO. -12- Page 280 ORDINANCE NO. -13- Page 281 ORDINANCE NO. -14- Page 282 ORDINANCE NO. -15- Page 283 ORDINANCE NO. -16- Page 284 ORDINANCE NO. -17- 8.12.040 Size. Page 285 ORDINANCE NO. -18- The normal solid waste and recycling enclosure area for Discarded Materials shall be of a minimum size to enclose all required Containersof twelve feet deep, twenty-four feet two inches wide, with a six-foot, six-inch, ramp approach, and a six-foot-high decorative wall and sight-obscuring gate. Equal space within the enclosures shall be given to Recyclable Materialsthe recycling area, Organic Materialswaste area, and the solid wasteSolid Waste Containers area. More space may be given to the recyclable Materials Containering area and/or the Organic Materials Containerwaste area. Mandatory organic waste recycling regulations may necessitate a larger trash enclosure to accommodate a third bin for organic waste material in cases where food-related businesses are proposed or will be proposed in the future. Organic waste includes food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in with food waste. Deviation in size may be made by the director of public works or their designee. 8.12.050 INSTALLATION. All existing developments described in Section 8.12.010 shall install approved Discarded Materialtrash enclosures within one year from the date of approval of the ordinance codified in this chapter, and within thirty days of the official notification by the cityCity of any violation to this chapter. 8.12.060 VIOLATION—PENALTY. It is unlawful for any personPerson to violate any provision or fail to comply with any of the requirements of this chapter. Any personPerson violating any provision of this chapter or failing to comply with any of the requirements is deemed guilty of a misdemeanor in accordance with Chapter 1.12 of this code. Section 8.16 of the Code of the City of Palm Desert, California, is hereby amended to read as follows: 8.16 SOLID WASTE 8.16.010 DEFINITIONS. As used in this chapter and Chapters 8.12, 8.17, 8.19, 8.80, and 8.81, the following words and phrases are defined and shall be construed as hereinafter set forth, unless it is apparent from the context that a different meaning was intended. If a term or word is not specifically defined herein but is defined in the California Integrated Waste Management Act of 1989 (California Public Resources Code Sections 40000 et seq.) it shall have the meaning prescribed therein. “CalRecycle” means California’s Department of Resources Recycling and Recovery or its successor. Page 286 ORDINANCE NO. -19- “Citation” or “administrative citation” means an administrative citation issued pursuant to Chapter 1 of this code. “City” means the City of Palm Desert, California. “City Council” means the City Council of the City of Palm Desert, California. “City Manager” means the City Manager of the City of Palm Desert, or their Designee. “City-regulated recycle bins,” as used in this chapter and associated thereto, means all bins provided by the city or the contract agent(s) of the city for the collection of recyclable materials. “City-Rregulated Rrecycle containerContainers,” as used in this chapter and associated thereto, means all containerContainers provided by the cityCity or the Franchise Waste Haulercontract agent(s) of the cityCity for the Collection of Recyclable MaterialRecyclable Materials. "Collect" or "Collection" means the act of Collecting Solid Waste, including Recyclable Materials and Organic Waste, at or near the place of generation by a Franchise Waste Hauler, and the physical possession, transport, and removal of such materials. “Commercial” or “Commercial Business” means any building or site in any zone of the City, other than Residential Premises, from which any business, service, non-profit, governmental, institutional, commercial, or industrial activity is conducted, including, without limitation, motels, hotels, recreational vehicle parks, Restaurants, professional offices, clubhouses, places of entertainment, manufacturing plants, and private schools, or a Multifamily Residential Dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A Multi-Family Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of implementing this ordinance. “Commercial Edible Food Generator” includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in Chapter 8.16.010 of this ordinance or as otherwise defined in 14 CCR Section 18982(a) (73) and (a) (74). For the purposes of this definition, food recovery organizations and food recovery services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a) (7). “Community Composting” means any activity that composts Organic Material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and Compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8). “Compliance Review” means a review of records by the City to determine compliance with this chapter. Page 287 ORDINANCE NO. -20- “Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this ordinance, that “Compost” means the product resulting from the controlled biological decomposition of organic Solid Wastes that are source separated from the municipal Solid Waste stream, or which are separated at a centralized facility. “Compostable Plastics” or “Compostable Plastic” means plastic materials that meet the ASTM D6400 standard required for a material to be compostable, or as otherwise specified by 14 CCR Section 18982(a)(18). “Contaminated” or “Contamination” (or any variation thereof) means a Container containing: A. Discarded materials placed in a Blue Container that are not identified as Recyclable Materials. B. Discarded materials placed in a Green Container that are not identified as Organic Materials. C. Discarded materials placed in a Gray Container that are identified as Recyclable Materials and/or Organic Materials, which are to be separately Ccollected. D. Excluded Waste placed in any Container. "Container(s)" means a receptacle for temporary storage of Discarded Materials. Containers include, but are not limited to, bins, carts, roll-off boxes, split bins, compactors, cans, buckets, or other storage instruments. “Container Contamination” or “Contaminated Container” means a cContainer, regardless of color, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55). "Construction and Demolition Debris," C&D Waste,” or “C&D Material” means any combination of inert building materials and Solid Waste resulting from construction, remodeling, repair, cleanup, or demolition operations as defined in 22 CCR Section 66261.3 et seq. This term includes, but is not limited to, asphalt, concrete, Portland cement concrete, brick, lumber, gypsum wallboard, cardboard, and other associated packaging; roofing material, ceramic tile, carpeting, plastic pipe, and steel. The material may be commingled with rock, soil, tree stumps, and other vegetative matter resulting from land clearing and landscaping for construction or land development projects. “County” means Riverside County. “Curbside Programs,” as used in this chapter and associated thereto, means the location where City-owned Discarded Materials shall be placed and picked up by the City, or Franchise Waste Hauler(s) of the City. “Designated Source Separated Organic Waste Facility” shall have the same definition as 14 CCR § 18982(14.5). Page 288 ORDINANCE NO. -21- “Designee” means an entity that the City contracts with or otherwise arranges to carry out any of the City’s responsibilities of this chapter and as authorized in 14 CCR Section 18981.2. A Designee may be a government entity, a waste hauler, a private entity, or a combination of those entities. “Discarded Material” means Recyclable Materials, Organic Materials, and/or other Solid Waste, in all cases where a fee or other compensation, in any form or amount, is directly or indirectly solicited from, or, levied, charged, or otherwise imposed on, or paid by, the Generator in exchange for handling services. As used herein, handling services include, without limitation, the Collection, removal, transportation, delivery, Recycling, Processing and/or Disposal of the material. Discarded materials do not include Edible Food that is recovered for human consumption and is not discarded. Discarded materials include source separated Recyclable Materials, source separated Organic Materials, Ffood Waste, Solid Waste, bulky items, and C&D debris once the materials have been placed in Containers for Collection or, if not placed in Containers for Collection, placed properly for Collection. “Disposal” or “Disposed” means the ultimate disposition of Discarded Materials at a landfill or otherwise in full regulatory compliance. “Disposal” does not include Recycling or Organic Materials Processing. “Divert” or “Diversion” (or any variation thereof) means to prevent Discarded Materials from being Disposed of at a landfill or transformation facilities, (including facilities using incineration, pyrolysis, distillation, gasification, or biological conversion methods) through source reduction, reuse, Recycling, cComposting, anaerobic digestion, or other method of Processing. “Dwelling” means the individual private Premises contained in any building intended, whether occupied or not, as the residence for one household, regardless of the number of individuals in the household. A building may contain more than one Dwelling Unit. A “Dwelling” does not include hospitals, hotels, motels, nursing homes, or convalescent centers. “Edible Food” means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this ordinance or as otherwise defined in 14 CCR Section 18982(a)(18), “Edible Food” is not Solid Waste if it is recovered and not discarded. “Enforcement Action" means an action of the City to address non-compliance with this ordinance including, but not limited to, issuing Administrative Citations, fines, penalties, or using other remedies. “Excluded Waste” or “Prohibited Waste” means hazardous substances, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, sharps, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City and its Generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, Processing, or disposal, Page 289 ORDINANCE NO. -22- be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in the City’s, or its Designee’s, reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the City, or its Designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family or Multi-Family Solid Waste after implementation of programs for the safe Collection, Processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. Excluded Waste does not include electronic waste, universal waste, used motor oil and filters, or household batteries when such materials are defined as allowable materials for Collection through the City’s Collection programs and the Generator has properly placed the materials for Collection pursuant to instructions provided by the City or its Designee for Collection services. “Food Distributor” means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section 18982(a)(22). “Food Facility” has the same meaning as in Section 113789 of the Health and Safety Code. “Food Recovery” means actions to collect and distribute food for human consumption which otherwise would be disposed of, or as otherwise defined in 14 CCR Section 18982(a)(24). “Food Recovery Organization” means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities, including, but not limited to: A. A food bank as defined in Section 113783 of the Health and Safety Code. B. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code. C. A nonprofit charitable temporary Food Facility as defined in Section 113842 of the Health and Safety Code. “Food Recovery Service” means a Person who or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). “Food Scraps” includes, but is not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, grains, bread, cheese, and eggshells. Food sScraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps. Page 290 ORDINANCE NO. -23- “Food Service Provider” means an entity primarily engaged in providing food services to institutional, governmental, cCommercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27). “Food-Soiled Paper” is paper material that has come in contact with food or liquid, such as, but not limited to, paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons. Food-Soiled Paper excludes Non-Compostable Paper. “Food Waste” means Food Scraps separated from Solid Waste and offered for Collection by Franchise Waste Hauler, that will decompose and/or putrefy including (i) all kitchen and table Food Waste, and animal or vegetable waste that attends or results from the storage, preparation, cooking, or handling of food stuffs; and (ii) Food-Soiled Paper. “Franchise Agreement” means an agreement made by the City with a Franchise Waste Hauler for the Collection of Recyclable Materials, Organic Material and/or Solid Waste. “Franchise Waste Hauler” shall mean any Person, Persons, firm, or corporation to whom a Franchise Agreement has been granted by the City for the Collection, Processing, Recycling, and Disposal of Discarded Materials. “Generator” means a Person or entity that is responsible for the initial creation of one or more types of Discarded Materials. “Hauler Route” means the designated itinerary or sequence of stops for each segment of the City’s Collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5). "Hazardous Material " is defined to include any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government. The term “Hazardous Material” includes, without limitation, any material or substance which is: (i) petroleum or oil or gas or any direct or derivate product or byproduct thereof; (ii) defined as a “hazardous waste,” “extremely hazardous waste” or “restricted hazardous waste” under Sections 25115, 25117 or 25122.7, or listed pursuant to Section 25140, of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law); (iii) defined as a “hazardous substance” under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act); (iv) defined as a “Hazardous Material,” “hazardous substance,” or “hazardous waste” under Sections 25501(j) and (k) and 25501.1 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory); (v) defined as a “hazardous substance” under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances); (vi) “used oil” as defined under Section 25250.1 of the California Health and Safety Code; (vii) asbestos; (viii) listed under Captor 11 of Division 4.5 of Title 22 of the California Code of Regulations, or defined as hazardous or Page 291 ORDINANCE NO. -24- extremely hazardous pursuant to Chapter 10 of Division 4.5 of Title 22 of the California Code of Regulations; (ix) defined as waste or a hazardous substance pursuant to the Porter-Cologne Act, Section 13050 of the California Water Code; (x) designated as a “toxic pollutant” pursuant to the Federal Water Pollution Control Act, 33 U.S.C. Section 1317; (xi) defined as “ hazardous waste” pursuant to the Federal Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq. (42 U.S.C. § 6903); (xii) defined as a “hazardous substance” pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 6901); (xiii) defined as “Hazardous Material” pursuant to the Hazardous Materials Transportation Act 29 U.S.C. Section 5101, et seq.; or (xiv) defined as such or regulated by any “Superfund” or “Superlien” law, or any other federal, State or local law, statute, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning Hazardous Materials and/or oil wells and/or underground storage tanks and/or pipelines, as now, or at any time hereafter, in effect. "Hazardous Waste" means all substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by the State of California in Health and Safety Code §25110.02, §25115, and §25117 or in the future amendments to or recodifications of such statutes or identified and listed as hazardous waste by the US Environmental Protection Agency (EPA), pursuant to the Federal Resource Conservation and Recovery Act (42 USC §6901 et seq.)., “Health Officer” includes the Health Officer or other agent of the Health Department of County, and shall include duly authorized personnel of the State Department of Health Services in the enforcement of applicable State law, City ordinance, or State or County rule or regulation in aid thereof. “High Diversion Organic Waste Processing Facility” means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average Mixed Waste organic content Recovery rate of 50 percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for Organic Waste received from the “Mixed waste organic collection stream” as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33). “Inspection” means a site visit where a Designee of the City reviews records, Containers, and an entity’s Collection, handling, Recycling, or landfill Disposal of Discarded Materials or Edible Food handling to determine if the entity is complying with requirements set forth in this ordinance, or as otherwise defined in 14 CCR Section 18982(a)(35). “Large Event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a Local Agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, Street system, or other open space when being used for an Page 292 ORDINANCE NO. -25- event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this ordinance. “Large Venue” means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this ordinance. “Local Education Agency” means a school district, charter school, or County office of education that is not subject to the control of City or County regulations related to Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)(40). “Multi-Family”, “Multi-Family Residential Dwelling,” or “Multi-Family Premises,” for the purpose of SB 1383 means of, from, or pertaining to Residential Premises with five (5) or more Dwelling Units. Multi-Family Premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses. References to “Multi-Family Dwelling Unit” refer to an individual residential unit of the Multi-Family Premises. “Non-Compostable Paper” includes but is not limited to paper that is coated in a plastic material that will not breakdown in the Composting process, or as otherwise defined in 14 CCR Section 18982(a)(41). “Non-Local Entity” means the following entities that are not subject to the City’s enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42): A. Special district(s) located within the boundaries of the City. B. Federal facilities located within the boundaries of the City. C. Public universities (including community colleges) located within the boundaries of the City. D. State agencies located within the boundaries of the City. “Non-Organic Recyclables” means non-putrescible and non-hazardous Recyclable Materials, including but not limited to bottles, cans, metals, plastics, and glass, or as otherwise defined in 14 CCR Section 18982(a)(43). “Notice of Violation” or “(NOV)” means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4. Page 293 ORDINANCE NO. -26- “Organic Materials” are defined as Food Waste, Yard Waste, landscape and pruning waste, nonhazardous wood waste, and Food-Soiled Paper waste that is mixed in with Food Waste. No Discarded Material shall be considered to be Organic Materials, however, unless it is separated from Recyclable Materials and Solid Waste. Organic Materials are a subset of Organic Waste. “Organic Materials Container” or “Green Container” means a Container designated for the Collection of Organic Materials. “Organic Waste” means Solid Waste containing material originated from living organisms and their metabolic waste products, including but not limited to Food Waste, Food Scraps, Yard Waste, organic textiles and carpets, lumber, wood, Paper Products, printing and writing paper, manure, biosolids, digestate, and sludges, or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined in 14 CCR Section 18982(a)(4) and 14 CCR Section 18982(a)(16.5), respectively. “Paper Products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51). “Person” means an individual, group of individuals, and/or any legal entity recognized by the laws of the State. “Premises” means and includes any land, building and/or structure, or portion thereof, in the City where Discarded Materials are produced, generated, or accumulated. All structures on the same legal parcel, which are owned by the same Person shall be considered as one Premises. “Processing” means the controlled separation, recovery, volume reduction, conversion, or recycling of Solid Waste including, but not limited to, organized, manual, automated, or mechanical sorting, the use of vehicles for spreading of waste for the purpose of recovery, and/or includes the use of conveyor belts, sorting lines, or volume reduction equipment, or as otherwise defined in 14 CCR Section 17402(a)(20). “Prohibited Container Contaminants” means: A. Discarded Materials placed in the Recyclable Materials Container that are not identified as acceptable Source Separated Recyclable Materials for the City’s Recyclable Materials Container. B. Discarded Materials placed in the Organic Materials Container that are not identified as acceptable Source Separated Organic Materials for the City’s Organic Materials Container. C. Discarded Materials placed in the Solid Waste Container that are acceptable Source Separated Recyclable Materials and/or Source Separated Organic Materials to be placed in City’s Organic Materials Container and/or Recyclable Materials Container. D. Excluded Waste placed in any Container. Page 294 ORDINANCE NO. -27- “Record Oowner” means the Oowner of a parcel whose name and address appear on the last equalized secured property tax assessment roll, or in the case of any public entity, the Sstate of California, or the United States, means the representative of that public entity at the address of that entity known to the Aagency. “Recycle” or “Recycling” means the process of Collecting, sorting, cleansing, treating, and reconfiguring Recyclable Materials for the purpose of returning them to the economic mainstream in the form of raw materials for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. Recycling includes processes deemed to constitute a reduction of landfill Disposal pursuant to 14 CCR, Division 7, Chapter 12, Article 2. Recycling does not include gasification or transformation as defined in Public Resources Code Section 40201. The Collection, transportation, or Disposal of Solid Waste not intended for, or capable of, reuse is not Recycling. “Refuse” means solid waste, recycling, and green waste. “Recycling Bbusiness,” as used in this chapter and associated thereto, means any personPerson or personsPersons, firm, partnership, joint venture, association, or corporation engaged in the collectionCollection and Rrecycling of recyclable materialRecyclable Materials. "Recyclable Materials" or “Recyclables” means those Discarded Materials that capable of being set out by Generators in Recyclables Containers for Collection for the purpose of Recycling. Recyclable Materials shall include, but not be limited to: A. nNewspaper (including inserts, coupons, and store advertisements); B. Mixed paper (including office paper, computer paper, magazines, junk mail, catalogs, brown paper bags, brown paper, paperboard, paper egg cartons, telephone books, colored paper, construction paper, envelopes, legal pad backings, shoe boxes, gable top beverage Containers, cereal, and other similar food boxes, yet excluding paper tissues, paper towels, paper with plastic coating, paper Contaminated with food, wax paper, foil-lined paper and cartons, and Tyvex non-tearing paper envelopes); C. Chipboard; D. Corrugated cardboard; E. Glass containers of any color (including brown, clear, and green glass bottles and jars); F. Aluminum (including beverage Containers and small pieces of scrap metal); G. Steel, tin, or bi-metal cans; H. Mixed plastics such as plastic Containers (no. one (1) to seven (7)), except expanded Polystyrene (EPS), and I. Bottles (including bottles made of HDPE, LDPE, or PET). “Refuse fees” means solid waste, recyclables, green waste, and other fees associated with proper disposal of solid municipal waste. “Recyclable Materials Container,” “Recyclables Container,” Or “Blue Container” means a Container designated for the Collection of Recyclable Materials. Page 295 ORDINANCE NO. -28- “Residential” means any Residential Dwelling. “Residential Ccomplex” refers, without regard to form of ownership, to a parcel of Pproperty with no more than four separate Ddwelling Uunits, each unit intended for occupancy by separate households, that provides on such parcel offstreetoff street parking for residents of the complex. “Responsible Party” means the Owner, Property Manager, Tenant, lessee, occupant, or their other Designee that subscribes to and pays for Recyclable Materials, Organic Materials, and/or Solid Waste Collection services for a Premises in the City, or, if there is no such subscriber, the Owner or Property Manager of a Single-Family Premises, Multi-Family Premises, or Commercial Premises. In instances of dispute or uncertainty regarding who is the Responsible Party for a Premise, Responsible Party shall mean the Owner of a Single-Family Premises, Multi-Family Premises, or Commercial Premises. “Restaurant” means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64). “Route Review” means a visual Inspection of Containers along a waste hauler’s route for the purpose of determining Container Contamination and may include mechanical Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65). “SB 1383” means Senate Bill 1383 (Chapter 395, Statutes of 2016). “SB 1383 Regulations” or “SB 1383 Regulatory” means or refers to the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR. “Self-Haul” means to act as a Self-Hauler. “Self-Hauler” means a Person, who hauls Solid Waste, Organic Waste, or Recyclable Material they have generated to another Person. Self-Hauler also includes a landscaper, or a Person who back-hauls waste. Back-haul means generating and transporting Rrecyclable Materials or Organic Waste to a destination owned and operated by the Generator using the Generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A). “Solid Waste” means all discarded putrescible and non-putrescible solid, semi-solid, and liquid wastes, including refuse, Construction and Demolition Debris, bulky items, Recyclable Materials, and Organic Waste, or any combination there-of which are permitted to be Disposed of in a Class III landfill, and which are included in the definition of “non-hazardous solid waste” set forth in the California Code of Regulations. "Solid Waste" means all Solid Wastes generated by Residential, Commercial, and industrial Page 296 ORDINANCE NO. -29- sources, and all Solid Waste generated at construction and demolition sites, and at treatment works for water and wastewater, which are Collected and transported under the authorization of the City or are Self-Hauled by businesses or contractors. Solid Waste does not include agricultural crop residues, mining waste and fuel extraction waste, forestry wastes, ash from industrial boilers, furnaces and incinerators or Hazardous Material, any waste which is not permitted to be Disposed of at a Class III landfill and which fall within the definition of “nonhazardous solid waste” set forth in Title 23, Chapter 15, Section 2523(a) of the California Code of Regulations as amended or designated Class II wastes. Materials shall be deemed “Solid Waste” consistent with the meaning of California Public Resources Code Section 40191, and for purposes of this municipal code shall be regulated as such, whether or not they may be potentially Recyclable Materials or Organic Materials, in either of the following instances: (a) the material is mixed or commingled with other types of solid waste such that more than 65% of the material consists of solid waste rather than Recyclable Materials or Organic Materials, or (b) the payment of a fee, charge, or other consideration, in any form or amount, is directly or indirectly solicited or received from the Generator by any Person or combination of Persons in exchange for Collection, removal, transportation, storage, Processing, handling, consulting, container rental or Disposal services (“fee for service” Recycling), whether or not arranged by or through a subcontractor, broker, agent, consultant, or affiliate of the provider of such service. “Solid Waste Container” or “Gray Container” shall be used for the purpose of storage and Collection of Solid Waste. “Source Separated” or “Source-Separated Materials” means materials, including commingled Recyclable Materials and Organic Materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or Processing those materials for Recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of the ordinance, Source Separated shall include separation of materials by the Generator, Responsible Party, or Responsible Party’s employee, into different containers for the purpose of Collection such that Source-Separated Materials are separated from other Solid Waste for the purposes of Collection and Processing. “State” means the State of California. “Supermarket” means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71). “Tax roll” means the assessment roll upon which general taxes of the cityCity are collected by the Ccounty. Page 297 ORDINANCE NO. -30- “Tax roll billing” means the collection of Discarded Material fees from Ssingle-Ffamily Rresidential complexesrefuse fees, and any associated penalties and interest, on tax roll. “Three-Container System” means a Collection system in which Generators are required to Source Separate Discarded Materials into three streams: Solid Waste, Source Separated Recyclable Materials and Source Separated Organic Materials for placement in cContainers specifically designated for those materials. “Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one or more of the following: A. Supermarket; B. Grocery Store with a total facility size equal to or greater than 10,000 square feet; C. Food Service Provider; D. Food Distributor; or E. Wholesale Food Vendor. If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this ordinance. “Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one or more of the following: A. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet; B. Hotel with an on-site Food Facility and 200 or more rooms; C. Health facility with an on-site Food Facility and 100 or more beds; D. Large venue; E. Large event; or F. A State Agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet. G. A Local Education Agency facility with an on-site Food Facility If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this ordinance. “Waiver Holder” means a Commercial Business that may apply for a waiver under Section 10.10.120. Under these circumstances, the City Manager or their Designee may issue special written permits (waivers) authorizing variations from the provisions of this chapter. Special written permits include de minimis waivers and physical space waivers. “Wholesale Food Vendor” means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, Page 298 ORDINANCE NO. -31- shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76). “Yard Waste” means leaves, grass clippings, brush, branches, and other forms of Organic Materials generated from landscapes or gardens, which have been source separated from other Solid Waste. Yard waste is a subset of Organic Materials and excludes Hazardous Materials. 8.16.020 OWNER’S RESPONSIBILITY. Every person Person in charge of a residence or residences, whether Single-Family or Multiple-Family, shall make arrangements with the personPerson authorized by law, to have removed, not less than once a week, from the Pproperty upon which the residence or residences are located, all Discarded Materialsrefuse created or produced or brought upon the Ppremises. Every personPerson in charge of a Commercial or industrial building shall not less than twice a week cause to be removed from the Pproperty upon which the building is located all refuseDiscarded Materials created or produced or brought upon the Ppremises; provided, however, that upon written approval of the health officerHealth Officer, Discarded Materials created, produced or brought upon the Ppremises of an industrial or Ccommercial building may be removed not less than once a week. This latter provision, however, will not apply to foodhandlingfood handling establishments from which refuseDiscarded Materials shall be caused to be removed not less than twice a week. Those foodhandlingfood handling establishments having a self-contained compactor may, with the written approval of the supervising sanitarian, Ddepartment of Hhealth, have their refuseDiscarded Materials removed once a week. This approval will be on a case-by-case basis. 8.16.030 CONTAINER SPECIFICATIONS. Every personPerson in charge of a residence, Ccommercial or industrial business shall deposit or cause to be deposited all refuseDiscarded Materials in standard containerContainers or commercial Commercial bins Containers as approved by the health officerHealth Officer and the solid wasteSolid Waste supervisor. A standard container shall be made of metal or plastic, watertight and covered with a tight-fitting lid; tapered sides, two handles or bales, and shall not exceed thirty-two gallons in size or fifty pounds gross weight when filled Containers shall align with specifications in the Franchise Agreement with the Franchise Waste Hauler. No later than January 1, 2036, all Containers will comply with the Discarded Material Container color scheme as determined in Section 1898.4.1 of SB 1383; Solid Waste Containers will be gray or black, Recyclable Materials Containers will be blue, and Organic Waste Containers will be green. If approved by the solid waste supervisor, plastic or paper bags specifically designed for refuse may be used in place of standard containers. Solid WasteGarbage shall be Collected and stored as specified in the agreement with Franchise Waste Hauler. separately bagged or wrapped before placing in container. No personPerson shall maintain or place for collectionCollection any containerContainer not in conformance with the standard containerContainer designated in this section and no Page 299 ORDINANCE NO. -32- personPerson authorized to Ccollect refuseDiscarded Materials shall remove contents of containerContainers not in conformance with the standard containerContainer. Residences and dwelling units who furnish their own gallon containers shall be responsible for their maintenance, cleanliness and replacement. No containerContainer shall be placed adjacent to a sstreet or public right-of-way for collectionCollection service more than twelve hours prior to the normal collectionCollection time and shall be removed from the Sstreet or right-of-way location within twelve hours after cCollection. 8.16.035 STORAGE OF CONTAINERS IN RRESIDENTIAL DISTRICTS. Every pPerson in charge of a residence shall, upon completion of the normal cCollection, as defined in Section 8.16.0130, store containerContainers in such a manner as not to be viewable by the public from a public right-of-way in order to maintain the aesthetic and Pproperty values of surrounding Pproperty. 8.16.040 REMOVAL PROHIBITED WHEN. It is unlawful for any Person other than the personPerson in charge of a residence, Commercial or industrial business, or the Person authorized by law to remove any containerContainer from the location where the containerContainer was placed by the personPerson in charge for storage or CCollection, or to remove any Discarded Materialssolid waste from the location in which the Discarded Materialssolid waste wereas placed by the Person in charge for storage or CCollection, without prior written approval of the Person in charge. It is unlawful to place refuse Solid Waste, including Recyclable Materials and Organic Materials, in any standard containerContainer or commercial bin without prior written approval of the Person in charge of the containerContainer. 8.16.050 NONCOMPACTIBLE SOLID WASTE. No Person shall place noncompactible solid waste adjacent to a Sstreet or public right- of-way for cCollection or removal purposes without prior approval and arrangements with the Franchise Waste Haulersolid waste supervisor. 8.16.060 PERMITTED SELF-HAULER REQUIREMENTS.HAULING PERMIT— EXCEPTION. No Person or resident of the City shall remove, transport, or convey any Solid Waste upon or along any Street, alley, or place within the City, unless they hold a Franchise Agreement or other contract with the City for the Collection and Disposal thereof or are a permitted Self-Hauler or landscaper and gardener as set forth below. Every permitted Self-Hauler shall either: A. Source Separate all Recyclable Materials and Organic Materials (materials that City otherwise Collects in their Organic Materials and Recyclable Materials Collection services) generated on site from Solid Waste in a manner consistent Page 300 ORDINANCE NO. -33- with 14 CCR Sections 18984.1 and 18984.2, and transport Solid Waste to permitted transfer or disposal facility; haul their Source Separated Recyclable Materials to a facility that recovers those materials; and, haul their Source Separated Organic Waste to a facility, operation, activity, or property that processes or Recovers Source Separated Organic Waste. B. Alternatively, Self-Haulers may haul Discarded Materials to a City -approved High Diversion Organic Waste Processing Facility. Self-Haulers that are Responsible Parties of Commercial Businesses or Multi-Family Premises shall keep records of the quantity of Recyclable Materials, Organic Waste, and Solid Waste delivered to each facility, operation, activity, or property that processes or recovers Recyclable Materials and Organic Waste and processes or Disposes of Solid Waste or shall keep records of Solid Waste delivered to High Diversion Organic Waste Processing Facilities. Self-Hhaulers shall retain all records and data required to be maintained by this Section for no less than five (5) years after the Recyclable Materials, Organic Materials, and/or Solid Waste recorded was first delivered to the entity accepting the material. These records shall be subject to Iinspection by the City or its Designee. The records shall include the following information: 1. Delivery receipts and weight tickets from the entity accepting the Recyclable Materials, Organic Materials, and Solid Waste. 2. The amount of material in cubic yards or tons transported by the Generator to each entity. 3. If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the Self-Hauler’s vehicle in a manner that allows it to determine the weight of materials received, the Self-Hauler is not required to record the weight of material but shall keep a record of the entities that received the Recyclable Materials, Organic Materials, and Solid Waste. Records shall include the name, address, City, State, zip code, phone number, and email of the entity. C. The City Manager may require Self-Haulers to obtain a Self-Hauler permit. The City Council may impose and modify fees for such permit by resolution. The City Manager shall adopt and implement administrative policies regarding the application, issuance, and a Self-Hauler may be required to obtain a Self-Hauler permit in accordance with City’s administrative policies as adopted by the City Manager, including, but not limited to, fees and the requirement to provide additional information). D. Only Commercial Businesses or Multi-Family Premises may be permitted to Self- Haul. All Self-Haulers shall provide copies of records required by this Section to City if requested by the City Manager or their Designee and shall provide the records at the frequency requested by the City Manager or their Designee. E. Where Yard Waste Diversion is incidental to landscaping contracts between Commercial Business and their gardening or landscaping service providers: 1. A Commercial Business contracting for gardening or landscaping services shall require written contracts which contain the following provisions: Page 301 ORDINANCE NO. -34- a. All Yard Waste generated at the Premises by the landscaping or gardening service shall be Diverted from Disposal by one or more of the methods in this Chapter 8.16.060. b. A requirement that the landscaper, gardener, or any third party(ies) certify in writing that the requirements set forth in Subsection (E) of this section are being met. c. A requirement that the landscaper, gardener, or any third party(ies) annually certify in writing that it is compliant with this section 8.16.060 by completing and submitting to City a City-provided reporting form. d. Upon request of a Commercial Business, the landscaper, gardener, or any third party(ies), are required to provide copies of weight tickets from the permitted processing facility(ies) where the Yard Waste from Premises within City were delivered by the landscaper or gardener. F. Upon City request, beginning January 1, 2022, Commercial Businesses that contract with a landscaping or gardening service provider shall complete and submit a compliance reporting form as provided by the City with the following items attached: 1. Copies of landscaper, gardener, or any other third party(ies) certification(s) that certify that the requirements set forth in Subsections (E) of this section were met during the preceding twelve (12) months. Upon request by the City, a Commercial Business contracting for gardening or landscaping services shall provide copies of the contracts, receipts, and/or weight tickets from the permitted processing facility(ies) to the City within thirty (30) calendar days of service of the City’s request for such documents. No person or resident of the city shall remove, transport or convey any solid municipal waste upon or along any public street, alley or place within the city, unless he or she holds a contract with the city for the collection and disposal thereof and has a valid or existing permit from the county to haul solid municipal waste, except that the provisions of this section shall not apply to contractors or builders removing debris, rubbish and trash from construction sites with their own equipment and employees, any person holding a valid city business license to engage in the nursery or gardening business or to any person removing shrubbery, grass, tree cuttings, tree trimmings or other agricultural debris from any property owned or occupied by such person, or any person removing industrial wastes or any person removing large or oversized items of rubbish from their premises. 8.16.070 FRANCHISE WASTE HAULERCONTRACTOR AND TRUCKS. In accordance with any Franchise Agreement with the City: A. The Franchise Waste Hauler contractor shall provide sufficient collection Collection equipment to maintain a regular schedule of collectionCollection. B. Trucks used for the collection Collection or transportation of Discarded Materialssolid waste shall be leak-proof and equipped with a close- fitting cover which shall be affixed in a manner that will prevent spilling, dropping, or blowing Page 302 ORDINANCE NO. -35- away of any Discarded Materialssolid waste upon the public right-of-way during collection Collection or transportation. C. All trucks used for collection Collection or transportation of Discarded Materialssolid waste shall be maintained in a clean and sanitary condition, neatly and uniformly painted, and shall carry a shovel, broom, and fire extinguisher of such reasonable type, size, and condition as to be commercially reasonable for the provision of Collection services. D. The person Person that owns any trucks used for collection Collection or transportation of Discarded Materialssolid waste shall have their his or her name, address, telephone number, and truck number printed on each side of all trucks in letters not less than three inches high and of such a color as to be legible against the color of the surface on which they are printed. E. All garbage-convyingCollection trucks, tanks, containerContainers, and other receptacles used to transport Discarded Materials shall be cleaned and disinfected both on the inside and outside thereof at least once daily, and at all times shall be kept free from any refuseSolid Waste on the outside thereof. F. The Franchise Waste Haulercontractor shall maintain in good repair all containerContainers furnished to business establishmentsany Person. 8.16.080 HAZARDOUS WASTE. Every Pperson who collects or hauls hazardous or extremely Hhazardous Wwaste shall immediately notify the health officerHealth Officer, in writing, listing the following information: A. The name, address, and telephone number of the collector or hauler. B. The name, address, and telephone number of the facilities from which the hazardous or extremely hazardous waste is collected. C. A description of the type of hazardous or extremely hazardous waste collected, as represented in writing by the administrator of the facility including the amounts collected, measured in cubic feet and the frequency of collection. D. The name, address, and telephone number of the waste disposal facility that is used for the final disposal of the hazardous or extremely hazardous waste. 8.16.090 VIOLATION—PENALTY. It is unlawful for any personPerson to violate any provision or fail to comply with any of the requirements of this chapter. Responsible Parties who are the Owner, Tenant, lessee, or Person in control of Premises in the City, and who, after written Notice of Violation from the City, fails or refuses to correct such violation of this chapter within the time specified in such written notice is deemed guilty ofto have committed an infraction or a misdemeanor in accordance with Chapter 1.12 of this code. 8.16.100 DEPOSITS OF HHAZARDOUS MMATERIALS—CLEAN-UP OR ABATEMENT—LIABILITY FOR COSTS. Page 303 ORDINANCE NO. -36- A. The Ffire Ddepartment and the Ppublic Wworks Ddepartment are authorized to clean up or abate the effects of any Hhazardous Mmaterial deposited upon or into Pproperty or facilities of the cityCity; and any personPerson or personsPersons who intentionally or negligently cause such deposit shall be liable for the payment of all costs incurred by the Ffire Ddepartment and/or the Ppublic Wworks Ddepartment as a result of such clean-up or abatement activity. The remedy provided in this section shall be in addition to any other remedies provided by law. B. For purposes of this section “hazardous materials” shall be defined as any substances or materials in a quantity or from which, in the determination of the fire chief or authorized representative, pose an unreasonable and imminent risk to the life, health or safety of persons or property or to the ecological balance of the environment, and shall include, but not be limited to, such substances as explosives, radioactive materials, petroleum or petroleum products or gases, poisons, etiologic (biologic) agents, flammables and corrosives. B. For purposes of this section, costs incurred by the Ffire Ddepartment and/or the Ppublic Wworks Ddepartment shall include, but shall not necessarily be limited to, the following: actual labor costs of cityCity personnel, including workers’ compensation benefits, fringe benefits, and administrative overhead; cost of equipment operation; cost of materials obtained directly by the cityCity; and cost of any contract labor and materials. C. The authority to recover costs under this section shall not include actual fire suppression services which are normally or usually provided by the Ffire Ddepartment. 8.16.110 TAX ROLL BILLING. Exclusive Franchise. The cityCity has an exclusive Franchise Agreement with a the Franchise Waste Hauler for the Collection and handling of refuseDiscarded Materials within the cityCity. All property Generators within the cityCity areis required to subscribe to the Franchise Waste Hauler’s provided program for the refuse collectionCollection and handling of Discarded Materialsservices provided by the franchise waste hauler, unless explicitly exempted by the City through a waiver as defined in Chapter 8.19.090. A. Record Owner. Effective July 1, 2015, all refuseCollection service accounts for Single-Family Residential Premises property shall be established and held in the legal Rrecord Oowner’s name. The Rrecord Oowner shall be responsible for the payment of refusecollection service fees for their his or her parcel. B. Franchise Waste Hauler Service Fees. The cityCity may use tax roll billing to collect the refuse Collection service fees imposed on the parcel of the Rrecord Oowner of a Single-Family Residential Premiseproperty. C. Franchise Waste Hauler Service Refuse Fees When Due. Collection serviceRefuse fees imposed on Single-Family parcels Residences or Dwellings pursuant to this chapter shall be deemed delinquent if not paid within sixty (60) days of the date they are due to be paid to the cCounty. All other refuse Collection service fees Page 304 ORDINANCE NO. -37- shall be deemed delinquent if not paid within thirty (30) days following the billing statement date. D. Penalty. A penalty in an amount not to exceed ten percent (10%) of the refuseCollection service fees which are delinquent shall be imposed upon the Rrecord Oowner or the Generatorperson holding the refuse service account with the cityCity of a parcel as to which refuseCollection service fees are delinquent, if not paid in the time and manner prescribed, and in addition may provide for a penalty not to exceed one and one-half percent (1.5%) per month for nonpayment of the refusecCollection service fees and basic penalty. E. Remedies. Any remedies for the cCollection and eEnforcement of refusecCollection service fees, rates, or other charges are cumulative, and the cityCity may pursue remedies alternatively or consecutively or authorize the county County to undertake action(s). F. Exception—Vacant PremisesNew Developments. These requirements shall not apply to any Residential Premises at which all Dwelling Unit or units is/are vacant (e.g.,that are part of new developments (i.e. new construction)) until such time as one or more of the newly-constructed Residential Dwelling Units are the dwelling(s) is first occupied. G. Temporary Suspension of Service. Vacation Stop Service. The Rrecord Oowner of a Single-Family Residential Property may suspend service for a total of four (4) months, split into either one request for a total of four (4) consecutive months or two (2) requests with each request being a maximum of two (2) consecutive months during which Generators are not residing at the Residential Premises. request that service be stopped at the parcel for a minimum/maximum of thirty (30) consecutive days or as otherwise approved. The service shall be stopped only during the period in which the premises are vacated. Any personPerson seeking to avail themselfhim or herself of the exception provided herein shall bear the burden of providing reasonable evidence to the cityCity or its authorized representative, pursuant to such regulations or guidelines as the cityCity Mmanager is hereby authorized to develop, demonstrating that the Ppremises was or will be vacant for the period in question. At such time as the pProperty is reoccupied, a restart fee will apply in addition to any refuseDiscarded Material service fees per the City’s Franchise Agreement with the Franchise Waste Hauler. The re-start fee only applies when service has been suspended and re-started at the same location by the same Rrecord Owner, and does not apply to a new Pproperty Oowner establishing service at a new address. H. Vacancy Waiver Request—Verification of Vacancy. The record owner requesting that service be temporarily stopped shall complete a verification of vacancy form and submit the form and any documentation as required by the cityCity to the cityCity’s authorized Waste Hauler for review and approval. I. Restart Fee. The record owner of a parcel where refuse collectionCollection service has been stopped shall pay the cityCity a restart fee to resume cCollection services. (Ord. 1284 § 1, 2015) Page 305 ORDINANCE NO. -38- Section 8.17 of the Code of the City of Palm Desert, California, is hereby amended to read as follows: 8.17 RECYCLABLE MATERIALRECYCLABLE MATERIALS 8.17.010 DEFINITIONS. Words and phrases defined in Chapter 8.16 of this municipal code shall have the same meanings when used in this chapter.The following words and phrases shall apply in this chapter “Recyclable materials” are materials which contain no less than ninety percent by weight of recyclables, the remaining portion being waste materials. “Recyclables” are materials that are collected for intended reuse, including, but not limited to, paper, chemical, glass, metal, plastic, green waste, wood waste, and construction debris. “Recycling” is the collection and processing of recyclables. “Recycling business,” as used in this chapter and associated thereto, means any person or persons, firm, partnership, joint venture, association or corporation engaged in the collection and recycling of recyclable materials. “Waste materials” are materials not intended for reuse that are discarded as useless or worthless and whose ultimate destination is a landfill or other disposal site. 8.17.020 OWNERSHIP OF RECYCLABLE MATERIALRECYCLABLE MATERIALS. A. Recyclable materialRecyclable Materials placed in a cityCity-regulated rRecyclable Materialse containerContainer at the curb or placed in a city- regulated recycle bin shall become the Pproperty of the cityCity at the time of its placement at the curb or in the recycle binsuch Containers are set out for Collection by the Franchise Waste Hauler. Such materials Recyclable Materials shall be deemed discarded by the owner and shall be subject to any Franchise Agreement of the cityCity. The Franchise Waste Haulercontract agent(s) of the cityCity shall have the exclusive duty, right, and privilege to collect, transport, and process, and dispose of such recyclable materialRecyclable Materials. B. Recyclable materialRecyclable Materials that are not placed in a city-regulated recycle container or placed in a city-regulated recycle bin shallset out for Collection by the Franchise Waste Hauler remain the Pproperty of the Oowner. 8.17.030 Removal of recyclable materialRecyclable Materials. A. No personPerson other than the cityCity or the Franchise Waste Haulercontract agent(s) of the cityCity acting in the scope of their Aagency or employment, shall remove any Recyclable Materials from thea cityCity-regulated Recyclable Materials Page 306 ORDINANCE NO. -39- Containerrecycle containers or from the city-regulated recycle bins any city-owned recyclable materials. B. It is unlawful for any personPerson to do the following to any Recyclable Materials Containerrecycle container or recycle bin used in the city: C. Tamper or meddle with such a containerContainer or bin.; 1. Tamper or meddle with the contents of any such containerContainer or bin.; 2. Remove any such containerContainer, its contents, or Recyclable Material lawfully placed alongside the Container , bin or material from the location where the containerContainer, bin or such Recyclable Materialmaterial has been placed for pick up by the cityCity, the Franchise Waste Haulercontract agent(s) of the cityCity, or a licensed Rrecycling Bbusiness. 8.17.040 OPERATION OF RECYCLING BUSINESS. A. No personPerson shall operate a Recycling Business in the cityCity without first obtaining a business license pursuant to the provisions established in Chapter 5.04 of this code. B. Any Recycling Business operating in the cityCity shall, at all times of doing business, maintain insurance in an amount specified by the business license agreement. The insurance shall include, but shall not be limited to, worker’s compensation, vehicle and comprehensive general liability insurance. The Recycling Business shall provide the cityCity with copies of the insurance policies and certificates of insurance at the following times: C. Proof of insurance shall be provided to the cityCity at the time a business license is sought.; 1. Proof of insurance shall be provided to the cityCity at the time the renewal of a business license is sought.; 2. Proof of insurance shall be provided to the cityCity within ten business days of receiving a written request from the cityCity. 3. Any Recycling Business operating in the cityCity shall be responsible for removing debris and materials which it has caused to fall in the public right-of-way during collectionCollection and transportation. D. Any Recycling Business operating vehicles in the cityCity shall have the name of the licensed Recycling Business, address, telephone number, and truck number printed on each side of the vehicle, in letters not less than three inches high. E. Any Rrecycling Bbusiness operating in the cityCity shall maintain a record of its waste Ddiversion. The record shall include, but not be limited to the total tonnage of Recyclable Waste Materials Collectedrecycled, the types of Recyclablewaste Materials Collectedrecycled, the location where the recyclable materialRecyclable Materials are Ddivertedsposed and the type of Rrecycling program utilized. F. Any Rrecycling Bbusiness operating in the cityCity shall deliver, or cause to be delivered, to the cityCity quarterly reports concerning its waste Ddiversion. The reports shall be on forms provided by the cityCity, and shall provide the cityCity Page 307 ORDINANCE NO. -40- with information including, but not limited to the information required to be maintained in accordance with Section 8.17.040(E) of this code. The reports shall be submitted within forty-five days after the end of each calendar quarter. (Ord. 822 § 1, 1997) 8.17.050 VIOLATION—PENALTIES. It is unlawful for any personPerson to violate any provision or fail to comply with any of the requirements of this chapter. Any personviolating any provision of this chapter or failing to comply with any of the requirements is deemed guilty of a misdemeanorand upon conviction thereof, shall be punished by a fine not exceeding one thousand dollars, or by imprisonment for a term not exceeding six months, or by both such fine and imprisonment. Each day a violation is committed or permitted to continue shall constitute a separate offense. 8.17.060 Other remedies. A. After giving written notice of noncompliance and holding a hearing, the cityCity Mmanager or director of code compliance, as appropriate, may suspend or revoke any business license issued under this chapter. B. After giving written notice of noncompliance and holding a hearing, the cityCity managerManager or director of code compliance, as appropriate, may impound any vehicle that is not maintained in accordance with the provisions established in Section 8.17.040(D) of this chapter. C. If a Person has violated or failed to comply with any provision of this chapter, Tthe cityCity managerManager or director of code compliance, as appropriate, may seek all other civil remedies including,; but not limited to, injunctive relief, if the recycling business has violated or failed to comply with any provision of this chapter. (Ord. 822 § 1, 1997) 8.17.070 ENFORCEMENT—COSTS RECOVERABLE. The cityCity attorneyAttorney, on behalf of the cityCity, may take appropriate legal action against a Personrecycling business to recover the costs associated with enforcement of this chapter against a recycling businesssuch a Person. Such costs shall include, but are not be limited to, administrative costs, court costs, attorneyattorneys’ fees, and other expenses related to enforcing the provisions of this chapter. Section 8.19 of the Code of the City of Palm Desert, California, is hereby amended to read as follows: 8.19 AUTOMATED REQUIREMENTS FOR COLLECTION OF SOLID WASTESOLID WASTE, RECYCLABLELING MATERIAL, AND ORGANIC MATERIALGREEN WASTE FOR ALL RESIDENTS 8.19.010 PURPOSE AND STATUTORY AUTHORITY. Page 308 ORDINANCE NO. -41- The purpose of this chapter is to regulate the storage, collectionCollection, Processing, and Ddisposal of solid wasteSolid Waste, and recyclable materialRecyclable Materials and organic Materialwaste in the cityCity. The ordinance codified in this chapter is adopted pursuant to the authority contained in general statutes governing powers of municipalities and various Ffederal and Sstate statutes specifically regulating solid wasteSolid Waste, and recyclable Materialsing, and Organic Materialwaste. 8.19.020 Automated rubbish collection program. There is established a program for the mandatory use of automated refuse and recycling containers and collection by the residents of the city. The collection of rubbish and recyclables shall be made weekly as specified within this code and franchise agreement. 8.19.0230 DEFINITIONS. Words and phrases defined in Chapter 8.16 of this municipal code shall have the same meanings when used in this chapter.For the purpose of this chapter, the following terms, phrases, words, and their derivations shall have the meanings given in this section and as provided within this code: “Automated refuse container” means the container assigned for use in the automated collection program. “Automated rubbish collection” means the collection of rubbish by means of a specially equipped collection truck servicing a special refuse container obtained exclusively through the waste hauler and set out in a prescribed manner. “Construction and demolition (C&D)” means any solid waste material such as lumber, brick, stone, asphalt, plaster, concrete, roofing materials and any other items or substances resulting solely from construction, remodeling, repair, or demolition operations on buildings or other structures, but does not include inert debris, landclearing debris, yard debris or used asphalt, asphalt mixed with dirt, sand, gravel, rock, concrete, or similar nonhazardous material. “Customer” means the party that owns the residential property to which an automated refuse container is assigned. “Garbage” means the waste produced by the handling, processing, preparation, cooking and consumption of animal and vegetable products used for human consumption. “Green waste” means all yard waste including, but not limited to: grass, shrubbery, tree trimmings, and plant trimmings. Page 309 ORDINANCE NO. -42- “Recyclables” means materials that are collected for intended reuse, including, but not limited to: paper, chemical, glass, metal, plastic, green waste, wood waste, and construction debris. “Refuse” means putrescible and nonputrescible solid wastes (except human body wastes), including garbage, rubbish, and cold ashes, but excluding dead animals and solid market and industrial wastes and excepting any item defined and categorized as recyclables. “Residential complex” refers, without regard to form of ownership, to a parcel of property with no more than four separate dwelling units, each unit intended for occupancy by separate households, that provides on such parcel offstreet parking for residents of the complex. “Rubbish” means nonputrescible solid wastes consisting of both combustible and noncombustible wastes such as paper, wrappings, newsprint, cardboard, tin cans, yard clippings, leaves, glass and bedding, excepting any item defined and categorized as recyclables. (Ord. 1094 § 1, 2005) 8.19.0340 City to provide collectionCollection and Ddisposal. A. The waste haulerFranchise Waste Hauler shall provide for collectionCollection, Processing, and Ddisposal of Discarded Materials, in a three-Container system, including of Solid Waste, Recyclable Material, and Organic Material Collection service refuse and recyclables when placed at the curb for collectionCollection pursuant to this chapter. B. Compliance with the requirements of this chapter is necessary to procure the collectionCollection and removal of all Solid Waste, Recyclable Material, and Organic Material from Residential and Commercial Generatorsrefuse and recyclables, and such compliance shall be a defense to any prosecution for failure to remove or Ddispose thereof. 8.19.0450 CONTAINERSRECEPTACLES—GENERAL REQUIREMENTS. A. Every personPerson having charge or control of residential Residential or Commercial propertyPremises containing not more than four dwelling units in the cityCity where Discarded Materialrefuse accumulates shall Source Separateplace and keep the Solid Waste, Recyclable Material, and Organic Material in the designated refuse and recyclables in the automated refuse containerContainers obtained exclusively through the waste haulerFranchise Waste Hauler for use in the franchise waste haulerFranchise Waste Hauler’s automated collectionCollection program. Automated refuse Ccontainers assigned by or obtained from the waste haulerFranchise Waste Hauler shall remain at all times Pproperty of the haulerFranchise Waste Hauler. Containers are assigned by individual street addresses to individual residential properties, not to individual residents or customers. At no time and under no circumstances shall the automated refuse containerContainer(s) be moved or removed from the Page 310 ORDINANCE NO. -43- Pproperty to which it was assigned. Ordinary wear and tear toThe automated refuse containerContainers will be repaired and maintained by the waste haulerFranchise Waste Hauler at no additional cost; unless ddamage is caused by customerGenerator abuse or negligence, in which case the cost of replacement shall be charged to the customerGenerator, or as otherwise provided in the Franchise Agreement. B. Those includedPersons served inby the automated rubbish and recycling collectionCollection program shall only use the approved automated refuse containerContainers to be obtained exclusively through the waste haulerFranchise Waste Hauler. No other containerContainers are allowed. (Ord. 1094 § 1, 2005) C. The Franchise Waste Hauler shall replace existing Containers with Containers that meet State mandated color requirements, pursuant to 14 CCR Section 18984.9(b), if not already compliant, at the end of the useful life of those Containers, or prior to January 1, 2036, whichever occurs first. D. Solid Waste Containers shall be gray or black. 1. Recyclable Material Containers shall be blue. 2. Organic Material Containers shall be green. 3. If applicable, Source Separated Food Waste containers shall be brown. 8.19.0560 CONTAINERSRECEPTACLES – PLACEMENT, CAPACITY, AND PICKUP. A. Containers shall be placed at or as near to the curb or edge of road as possible, so as to be accessible to collectionCollection crews. Placement must be such that there is no interference with collectionCollection (e.g., too close to vehicles, other refuse containerContainers, poles, fences, mailboxes, and other obstacles). Containers must be placed at the designated pickup area by five-thirty (5:30) a.m. on the scheduled day of collectionCollection. No containerContainer shall be placed curbside or adjacent to a Sstreet more than twelve (12) hours prior to the normal collectionCollection time and shall be removed from curb or Sstreet location within twelve (12) hours after collectionCollection. B. Only normal residential household refuse is permitted to be placed in the containers. Toxic or Hhazardous Mmaterials, dead animals, building materials, large Yyard Wwaste, and bulky items such as household furnishings or appliances are prohibited from being placed in Containers. Items that meet the city standards for recycling shall be disposed of through the city recycling program. C. Use of paper or plastic refuse bags for is encouraged Solid Waste Disposal is allowed. Such bags shall be used for disposal of garbage. Bags are to be used in accordance with the Franchise Waste Hauler’s Franchise Agreement with the cCityshall not be placed outside the container. D. Exceptions to proper Container placement due to terrain, disabilities, complexes with centralized Ddisposal setups (e.g., apartments and condos with four or more units, two-story Rresidential units) may be considered shall be exempt when such conditions exist that prevent automated service. Exemptions shall be made on a case-by-case basis by the City. Page 311 ORDINANCE NO. -44- 8.19.060 GENERATOR REQUIREMENTS – SINGLE-FAMILY GENERATORS. Responsible parties of Single-Family Premises shall comply with the following requirements: A. Subscribe to and pay for the Franchise Waste Hauler’s three-Container system Collection services for weekly Collection of Recyclable Materials, Organic Materials, and Solid Waste generated by the Single-Family Premises and comply with requirements of those services as described below in Section 8.19.0670(B). City shall have the right to review the number and size of a Generator’s Containers to evaluate adequacy of capacity provided for each type of Collection service for proper Source Separation of materials and containment of materials. The responsible parties for Single-Family Premises shall adjust their service level for their Collection services as requested by the City. The responsible parties for Single-Family Premises shall participate in the Franchise Waste Hauler’s Discarded Materials Collection service(s) by placing Source Separated Discarded Materials in their appropriate Containers. B. Participate in the Franchise Waste Hauler’s three-Container system service(s) (Recyclable Materials Container, Organic Materials Container, and Solid Waste Container) in the manner described below. C. Place and/or direct its Generators to place Source Separated Organic Materials, including Food Waste, in the Organic Materials Container; Source Separated Recyclable Materials in the Recyclable Materials Container; and Solid Waste in the Solid Waste Container. 1. Refrain from placinge and/or directing its Generators to place Prohibited Container Contaminants in Collection Containers, and shall not place materials designated for the Organic Materials Containers or Recyclable Materials Containers in the Solid Waste Containers. 2. City Manager, or their dDesignee, shall have the right to review the number and size of a Generator’s Containers to evaluate adequacy of capacity provided for each type of Collection service, and for proper Source Separation and containment of Discarded Materials. D. If approved or directed by ccCity, the Franchise Waste Hauler shall have the right to assess a Contamination processing fee and/or a cContamination penalty when Prohibited Container Contaminants is/are found in any Containers. E. Nothing in this Section prohibits a Responsible Party or Generator of a Single- Family Premises from preventing or reducing Discarded Materials generation, managing Organic Waste on -site, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c). F. It shall be the duty of every Person occupying a Residential Dwelling within the City to keep the Premises in their control in a “sanitary condition,” which is hereby defined to mean that all parts thereof are free and clean of any accumulation of Discarded Materials. 8.19.070 GENERATOR REQUIREMENTS – MULTI-FAMILY GENERATORS. Page 312 ORDINANCE NO. -45- Responsible parties of Multi-Family Premises (except responsible parties of Multi- Family Premises that meet the Self-Hauler requirements in Section 8.16.060 of this chapter) shall: A. Subscribe to the Franchise Waste Hauler’s three- or three-plus-Container system for all Discarded Materials generated. City Manager or their Designee shall have the right to review the number and size of a Generator’s Containers and frequency of Collection to evaluate adequacy of capacity provided for each type of Collection service; and Multi-Family Premises shall adjust their service level for their Collection services as requested by the City, if City determines that inappropriate level of service results in Generators’ non-compliance with this Chapter 8.19.070. B. Except Multi-Family Premises that meet the Self-Hauler requirements in Chapter 8.16.060 of this ordinance, participate in the three- or three-plus-Container system, dependent on the available program offered by the Franchise Waste Hauler, for at least weekly Collection of Recyclable Materials, Organic Materials, and Solid Waste in the manner described below. 1. Shall subscribe to the three- or three-plus-Container Collection service (Recyclable Materials Container, Organic Materials Container, and Solid Waste Container, and if applicable, source Separated Food Waste Container) i. Three-Container: Place and/or direct its Generators to place Source Separated Organic Materials, including Food Waste, in the Organic Materials Container; Source Separated Recyclable Materials in the Recyclable Materials Container; and Solid Waste in the Solid Waste Container. ii. Three-plus-cContainer: Place and/or direct its Generators to place Source Separated Organic Materials, except Food Waste, in the Organic Materials Container; Source Separated Food Waste in the Source Separated Food Waste Container,; Source Separated Recyclable Materials in the Recyclable Materials Container; and Solid Waste, in the Solid Waste Container. 2. Shall Nnot place and/or direct its Generators place Prohibited Container Contaminants in Collection Containers, and shallto not place Organic Materials or Recyclable Materials in the Solid Waste Containers. 3. If approved or directed by the cityCity, the Franchise Waste Hauler shall have the right to assess a cContamination processing fee and/or a cContamination penalty when Prohibited Container Contaminants are found in any Containers. C. Participate in the Franchise Waste Hauler’s Discarded Materials Collection service(s) by Source Separated Discarded Materials into their respective Containers. D. Supply and allow access to adequate number, size, and location of Collection Containers for employees, contractors, Tenants, and customers, consistent with City’s approved Container Collection service. Page 313 ORDINANCE NO. -46- E. Annually provide to employees, contractors, Tenants, and Generators educational information about Organic Waste Recovery requirements and about proper sorting of Source Separated Organic Material, Source Separated Recyclable Materials, and Source Separated Food Waste into their respective Containers. F. The Responsible Party of a Multi-Family Premises shall provide educational information to new Tenants before or within fourteen (14) days of their inhabitation of the Multi-Family Dwelling Unit. Educational information will describe requirements to keep Source Separated Organic Material and Source Separated Recyclable Materials separate from Solid Waste and the location of Containers and the rules governing their use at each Property. G. Provide or arrange access for City or its Designee to their properties during all iInspections conducted in accordance with Chapter 8.19.120 to confirm compliance with the requirements of this chapter. H. Nothing in this section prohibits a Generator from preventing or reducing Organic Waste generation, managing Organic Material on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c). I. It shall be the duty of every Person in possession, charge, or control of any Multi- Family Premises within the City to keep the Premises in their control in a “sanitary condition”, which is hereby defined to mean that all parts thereof are free and clean of any accumulation of Discarded Material outside of a lawful Container. J. Multi-Family Premises that generate two (2) cubic yards or more of total Solid Waste, Recyclable Materials, or Organic Materials per week (or other threshold defined by the State) that arrange for gardening or landscaping services shall require that the contract or work agreement between the Owner, Occupant, or operator of a Multi-Family Premises and a gardening or landscaping service specifies that the designated Organic Materials generated by those services be managed in compliance with this chapter. K. If the Responsible Party of a Multi-Family Premises wants to Self-Haul, they must meet the Self-Hauler requirements of Chapter 8.16.060 of this ordinance. 8.19.080 GENERATOR REQUIREMENTS – COMMERCIAL BUSINESSES. Responsible parties of Commercial Businesses (which does not include Multi-Family Premises) shall: A. Subscribe to the Franchise Waste Hauler’s three-Container system for all Discarded Materials generated. City or its Designee shall have the right to review the number and size of a Generator’s Containers and frequency of Collection to evaluate adequacy of capacity provided for each type of Collection service; and Commercial Businesses shall adjust their service level for their Collection services as requested by the City. B. Participate in the Franchise Waste Hauler’s Discarded Materials Collection service(s) by placing Source Separated Discarded Materials into their respective Containers. Page 314 ORDINANCE NO. -47- C. Supply and allow access to adequate number, size, and location of Collection Containers with sufficient labels or colors (conforming with Chapters 8.19.080(E)(1) and (E)(2) below) for employees, contractors, Tenants, and Generators, consistent with City’s Discarded Materials Collection service. D. Except Commercial Businesses that meet the Self-Hauler requirements of Chapter 8.16.060, participate in the City’s three- or three-plus-Container system, dependent on which program is currently available by Franchise Waste Hauler, for at least weekly Collection of Recyclable Materials, Organic Materials, and Solid Waste in the manner described below: 1. Shall subscribe to the three- or three-plus-Container Collection service. a. Three-Container: Place and/or direct its generators to place source separated Organic Materials, including Food Waste, in the Organic Materials Container; source separated Recyclable Materials in the Recyclable Materials Container; and Solid Waste in the Solid Waste Container. b. Three-plus-Container: Place and/or direct its Generators to place Source Separated Organic Materials, except Food Waste, in the Organic Materials Container; Source Separated Food Waste in the Source Separated Food Waste Container, Source Separated Recyclable Materials in the Recyclable Materials Container; and Solid Waste, in the Solid Waste Container. 2. Shall not place or direct its Generators place Prohibited Container Contaminants in Collection Containers, and shall not place Organic Materials or Recyclable Materials in the Solid Waste Container. 3. If approved or directed by the City, the Franchise Waste Hauler shall have the right to assess a Contamination processing fee and/or a Contamination penalty when Prohibited Container Contaminants are found in any Container. E. Provide Containers for the Collection of Discarded Materials in all indoor and outdoor areas where Containers are provided for Generators for all Discarded Materials generated by that business. Such Containers do not need to be provided in restrooms. If a Commercial Business does not generate any of the materials that would be collected in any one type of Container, then that business does not have to provide that particular Container in all areas where Disposal Containers are provided for Generators. Pursuant to 14 CCR Section 18984.9(b), the Containers provided by the business shall have either: 1. A body or lid that conforms with the Container colors provided through the Collection service provided by City, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements as detailed in Chapter 8.19.040. A Commercial Business is not required to replace functional Containers, including Containers purchased prior to January 1, 2022, that do not comply with the requirements of this subsection to the end of the useful life of those Containers, or prior to January 1, 2036, whichever comes first. Page 315 ORDINANCE NO. -48- 2. Container labels that include language or graphic images, or both indicating the primary material accepted and the primary materials prohibited in that Container, or Containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the Container. Pursuant 14 CCR Section 18984.8, the Container labeling requirements are required on new Containers commencing January 1, 2022. F. Prohibit employees from placing materials in a Container not designated for those materials to the extent practical through education, training, Inspection, and/or other measures. G. Annually inspect Recyclable Material, Organic Material, and Solid Waste Containers for Contamination and inform employees if Containers are Contaminated and of the requirements to keep contaminants out of those Containers pursuant to 14 CCR Section 18984.9(b)(3). H. Annually provide information to employees, contractors, Tenants, and Generators about Organic Material Recovery requirements and about proper sorting of Source Separated Organic Material and Source Separated Recyclable Materials into their respective Containers. I. Provide educational information before or within fourteen (14) days of occupation of the Premises to new Tenants that describes requirements to keep Source Separated Organic Material and Source Separated Recyclable Materials separate from Solid Waste and the location of Containers and the rules governing their use on the Premise. J. Provide or arrange access for City or its Designee to their properties during all iInspections conducted in accordance with Chapter 8.19.120 to confirm compliance with the requirements of this ordinance. K. Meet the Self-Hauler requirements in Chapter 8.16.060 if a Commercial Business wants to Self-Haul. L. Not prohibit a Generator from preventing or reducing Organic Waste generation, managing Organic Material on -site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c). M. It is the duty of every Person in possession, charge, or control of any boarding home, Restaurant, hotel, apartment, commercial occupancy, industrial occupancy, eating house, or vacant lot within the City to keep the Premises in their control in a “sanitary condition,” which is hereby defined to mean that all parts thereof are free and clean of any accumulation of Discarded Material outside of a lawful Container. N. If approved or directed by City, the Franchise Waste Hauler shall have the right to assess a Contamination processing fee and/or a Contamination penalty when Prohibited Container Contaminants are found in any of the Discarded Material Containers. O. If a Commercial Business is a Tier One or Tier Two Commercial Edible Food Generators, with Food Recovery Requirements pursuant to Chapter 8.19.100. 8.19.090 GENERATOR REQUIREMENTS – WAIVERS FOR COMMERCIAL BUSINESSES. Page 316 ORDINANCE NO. -49- Commercial Businesses, including Multi-Family Premises, may apply for waivers where practical difficulties make it impossible or extremely difficult to carry out the strict letter of this chapter with respect to any particular Premises. Under these circumstances, the City Manager or their Designee may issue special written permits (waivers) authorizing variations from the provisions of this chapter, subject to such terms and conditions as may deemed necessary to protect the public health and safety of the City. Special written permits only include de minimis waivers and physical space waivers, as described below. A. De Minimis Waivers: The City may waive a Commercial Business’s obligation (including Multi-Family Premises’ obligations) to comply with some or all of the Organic Material requirements of this ordinance if the Commercial Business provides documentation, or if the City has enough evidence demonstrating, that the business generates below a certain amount of Organic Material as described in this chapter. If the City has sufficient evidence demonstrating that a Commercial Business generates below a certain amount of Organic Waste as described in Chapter 8.19.090(A)(2), it may verify that the Commercial Businesses’ Organic Waste generation complies with the threshold without the receipt of a waiver application as described in Chapter 8.19.090(A)(1). As part of the Organic Waste generation verification process, the City shall request documentation from the Commercial Business as described below. Commercial Businesses requesting a de minimis waiver shall: 1. Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted below. 2. Provide documentation that either: a. The Commercial Business’s total Collection of Discarded Materials is two (2) cubic yards or more per week and Recyclable Materials and Organic Materials subject to Collection in Recyclable Materials Container(s) or Organic Materials Container(s) comprises less than twenty (20) gallons per week per applicable Container of the Commercial Business’s total waste (i.e., Recyclable Materials in the Recyclable Materials stream are less than twenty (20) gallons per week or Organic Materials in the Organic Materials stream are less than twenty (20) gallons per week); or, b. The Commercial Business’s total Collection of Discarded Materials is less than two (2) cubic yards per week and Recyclable Materials and Organic Materials subject to Collection in a Recyclable Materials Container(s) or Organic Materials Container(s) comprises less than ten (10) gallons per week per applicable Container of the business’s total waste (i.e., Recyclable Materials in the Recyclable Materials stream are less than ten (10) gallons per week or Organic Materials in the Organic Materials stream are less than ten (10) gallons per week). c. For the purposes of subsections (a) and (b) above, total Collection of Discarded Materials shall be the sum of weekly Container capacity measured in cubic yards for Solid Waste, Recyclable Materials, and Page 317 ORDINANCE NO. -50- Organic Materials Collection service excluding Discarded Materials managed on-site, such as on-site composters and Self-Hauled Discarded Materials in accordance with Chapter 8.16.060. 3. Notify City if circumstances change such that Commercial Business’s Organic Material exceeds threshold required for waiver, in which case waiver will be rescinded. 4. Provide written verification of eligibility for de minimis waiver every five (5) years, when there is a change in business or Tenant, or when a conditional use permit is issued, whichever is sooner, if City has approved the de minimis waiver. B. Physical Space Waivers: City may waive a Commercial Business’s or Property Owner’s obligations to comply with some or all of the Organic Material Collection service requirements if the City has evidence from its own staff, the Franchise Waste Hauler, a licensed architect, or a licensed engineer that the Premises lacks adequate space for compliance with the Organic Material Collection requirements below. A physical space waiver may also be requested if a Commercial Business or Property Owner documents that the Premises lacks adequate space for Organic Material Container and Recyclable Material Containers. The Responsible Party of a Commercial Business may request a physical space waiver through the following process: 1. Submit an application form specifying the type(s) of Collection services for which they are requesting a compliance waiver. 2. Provide documentation that the Premises lacks adequate space for Recyclable Material Containers and/or Organic Material Containers including documentation from its Franchise Waste Hauler, licensed architect, or licensed engineer. 3. Provide written verification to City that it is still eligible for physical space waiver every five (5) years or when a Conditional Use Permit is issued, whichever is sooner, if City has approved application for a physical space waiver. C. Review and Approval of Waivers by City: Commercial Businesses or pproperty Owners shall: 1. Apply to City for a de minimis or physical space waiver if one is required or desired. Waivers are valid for five (5) years. 2. Any Waiver Holder must cooperate with the City, its Designee, and/or the Franchise Waste Hauler for compliance Inspections and enforcement as stated in Chapter 8.19.120. 3. Waiver holder must reapply to the City Manager or their Designee for a waiver upon the expiration of the waiver period, and shall submit any required documentation, and/or fees/payments as required by the City. Failure to submit a completed application shall equate to an automatic denial of said application. 4. City Manager or their Designee may revoke a waiver upon a determination that any of the circumstances justifying a waiver are no longer applicable. Page 318 ORDINANCE NO. -51- 8.19.100 EDIBLE FOOD RECOVERY – REQUIREMENTS FOR COMMERCIAL EDIBLE FOOD GENERATORS. Tier One Commercial Edible Food Generators must comply with the requirements of this chapter commencing January 1, 2022, And Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3 or as specified in other applicable law. A. Commercial Edible Food Generators shall comply with the following requirements: 1. Arrange to recover the maximum amount of Edible Food that would otherwise be Collected as Organic Waste 2. Contract or enter into a written agreement with Food Recovery Organizations and/or Food Recovery Services either for: a. The Collection of Edible Food for Food Recovery. b. Acceptance of the Edible Food that the Commercial Edible Food Generator Self-Hauls to the Food Recovery Organization or Food Recovery Service for Food Recovery. c. Shall not intentionally spoil Edible fFood capable of being recovered by a Food Recovery Organization or Food Recovery Service. 3. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4: a. A list of each Food Recovery Service or Organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR § 18991.3(b). b. A copy of all contracts or written agreements established under 14 CCR § 18991.3(b). c. A record of the following information for each of those Food Recovery Services or Food Recovery Organizations: i. The name, address, and contact information of the Food Recovery Service or Food Recovery Organization. ii. The types of Edible Food that will be collected by or Self-Hauled to the Food Recovery Service or Food Recovery Organization. iii. The established frequency that Edible Food will be collected or Self-Hauled. iv. The quantity of Edible Food, measured in pounds recovered per month, collected or Self-Hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery. B. Large Venues or Large Event operators not providing food service, but allowing for food to be provided by others, shall require food facilities operating at the Large Venue or Large Event to comply with the requirements of this section, commencing January 1, 2024. Nothing in this section shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act or requirements contained in food share donation regulations for schools pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California Page 319 ORDINANCE NO. -52- on September 25, 2017, which added Article 13 (commencing with Section 49580) to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded, and replaced from time to time). 8.19.110 EDIBLE FOOD RECOVERY – REQUIREMENTS FOR FOOD RECOVERY ORGANIZATIONS AND SERVICES. A. Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1): 1. The name, address, phone number, email, and contact information of each Commercial Edible Food Generator that from which the service collects Edible Food. 2. The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.. 3. The quantity in pounds of Edible Food transported to each Food Recovery Organization per month. 4. The name, address, phone number, email, and other contact information for each Food Recovery Organization for which the Food Recovery Service transports Edible Food for Food Recovery. B. Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators or Food Recovery Services, via a contract or written agreement, shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2): 1. The name, address, phone number, email, and other contact information for each Commercial Edible Food Generator from which the organization receives Edible Food. 2. The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month. 3. The name, address, phone number, email, and other contact information for each Food Recovery Service from which the organization received Edible Food for Food Recovery. C. Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City and contract with or have written agreements with Commercial Edible Food Generators shall maintain records as detailed in Subsections 8.919.110(A) and (B), respectively, and shall provide such records to the City upon request. D. Food Recovery Organizations and Food Recovery Services shall inform Generators about California and Federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement with them. E. When the City, its Franchise Waste Hauler, or Designee performs Food Recovery outreach they will include information on the Good Samaritan Food Donation Act. Page 320 ORDINANCE NO. -53- F. City shall provide a list of Food Recovery Organizations located within the City to County upon request. 8.19.120 INSPECTIONS AND INVESTIGATIONS BY CITYCITY. A. Authority - cityCity Manager, environmental services manager, or their Designee are authorized to conduct Inspections and investigations, at random or otherwise, of any Collection Container; Collection vehicle loads; or transfer, Processing, or disposal facility for materials collected from Generators, to confirm compliance with this chapter by Organic Material Generators, Commercial Businesses’ Property owners, Multi-Family Dwelling Unit Owners, Single Family Dwelling Owners, Commercial Edible Food Generators, permitted Self-Haulers, and Food Recovery Services and Food Recovery Organizations, subject to applicable laws. 1. Per Chapter 1.08.010 and Chapter 8.80 of the Municipal Code, these powers include the power to issue notices of violation, the power to assess and collect civil fines and penalties or file criminal complaints as provided in this chapter, and the power to enter and inspect public and private property as permitted by law. This chapter does not allow City to enter the interior of a private Residential Dwelling for Inspection. B. Regulated entities shall provide or arrange for access during all Inspections (with the exception of Residential property interiors) and shall cooperate with the City or its Designee during such Inspections and investigations. As per Chapter 1.08.010 and in accordance with the requirements of this chapter, the City Manager or their Designee is authorized to enter upon any non-Residential Property or Premises to ascertain whether there are violations of this code, and to make any Inspections and investigations that may include confirmation of proper placement of materials in Containers, Edible Food Recovery activities, records, or any other requirement of this chapter described herein as may be necessary in the performance of their duties. 1. City reserves the right to implement and use a remote monitoring system to monitor Prohibited Container Contaminants. 2. Failure to provide or arrange for: access to an entity’s Premises; or (ii) access to records for any Inspection or investigation is a violation of this chapter and may result in a determination that the Generator is out of compliance with one or more requirements of this chapter. 3. If the Property Owner or other Responsible Party refuses permission to enter or inspect, the City Manager or their Designee may seek an administrative Inspection warrant pursuant to the California Code of Civil Procedure or as otherwise authorized by law. Following the obtaining of Owner permission to inspect or a lawful Inspection warrant, the City Manager or their Designee is authorized to conduct examinations and surveys that may include, but are not limited to, the taking of photographs or video recordings and the taking of samples or other physical evidence or recordings. All Inspections, entries, examinations and surveys shall be done in a reasonable manner and shall at all times comply with constitutional and statutory requirements. Page 321 ORDINANCE NO. -54- C. Any records obtained by a City during its Inspections, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq. D. City representatives and/or its Designee are authorized to conduct any Inspections, or other investigations as reasonably necessary to further the goals of this ordinance, subject to applicable laws. E. City shall receive written complaints from Persons regarding an entity that may be potentially non-compliant with SB 1383 regulations, including receipt of anonymous complaints. The Franchise Waste Hauler shall relay to City in writing all written complaints it receives concerning acts or omissions of itself or another entity that is potentially non-compliant with SB 1383 Regulations, including anonymous complaints. F. Any Person who violates any provisions of this code, as amended from time to time, or any Person who owns Property upon which a violation exists, irrespective of whether that Person caused the violation, shall be subject to an administrative fine or penalty up to the maximum amounts set forth in Chapter 1.12 of the City’s Municipal Code and Section 8.19.130. 8.19.130 CITATIONS FOR ENFORCEMENT. Pursuant to 14 CCR Section 18995.4(a)(1) the City shall begin issuing Citations for enforcement of this Chapter 8.19 on or before January 1, 2024. If the City determines that a Generator, Responsible Party, Self-Hauler, hauler, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance with this Chapter 8.19, it shall document the noncompliance or violation and, with the exception of violations of the Prohibited Container Contaminants provisions of this Municipal Code, take Enforcement Action, including but not limited to the issuance of administrative Citations and fines, pursuant to Chapters 1 and 8 of the City’s Municipal Code. This chapter shall only apply to Non- Local Entities to the extent permitted by applicable law. Section 8.80 of the Code of the City of Palm Desert, California, is hereby amended to read as follows: 8.80 ADMINISTRATIVE REMEDIES 8.80.010 APPLICABILITY. A. This chapter provides for administrative remedies, which are in addition to all other legal remedies, criminal or civil, which may be pursued by the cityCity to address any violation of this code. B. Use of this chapter shall be at the sole discretion of the cityCity. 8.80.020 DEFINITIONSIRECTOR—DEFINED. Words and phrases defined in Chapter 8.16 of this Municipal Code shall have the same meanings when used in this chapter. Page 322 ORDINANCE NO. -55- For purposes of this chapter, “director” means the head of any cityCity Ddepartment or their Designee, which is charged with responsibility for enforcement of any provision of this code. 8.80.025 APPEALS HEARING BOARD. A. There is established within the cityCity an appeals hearing board which shall hear all matters pertaining to this chapter. B. The appeals hearing board shall consist of three regular members appointed by the cityCity managerManager and serving at the pleasure of the cityCity. The members appointed to the board shall be citizens of the cityCity or may be employees of the cityCity, during their term of service. C. Regular members of the board shall serve a term of two years, at the end of which he/she may be considered for reappointment. D. The board shall establish the time and place of its hearings consistent with Section 8.80.060(B) .). E. The board shall keep a record of its proceedings, which shall be open for inspection by any member of the public. F. The cityCity managerManager shall designate an employee who shall serve as the secretary of the board. The cityCity clerk shall be responsible for the maintenance of all its permanent records. G. Two members of the board shall constitute a quorum. Two affirmative votes are required for a decision including all motions, orders, and findings of the board. (Ord. 868 § 1, 1998; Ord. 864 § 1, 1998) 8.80.030 NOTICE OF VIOLATION OR COMPLIANCE ORDER. A. Whenever the director or their designee determines that a violation of any provision of this code within the director’s responsibility is occurring or exists, the director or their designee may issue a written Notice Of Violation (NOV) or compliance order to any personPerson responsible for the violation. 1. A NOV or compliance order issued pursuant to this chapter shall contain the following information: a. The date and location of the violation. b. The section of this code violated and a description of the violation. c. The actions required to correct the violation. d. The time period after which administrative penalties will begin to accrue if compliance with the order has not been achieved. e. Either a copy of this chapter or an explanation of the consequences of noncompliance with this chapter and a description of the hearing procedure and appeal process. 8.80.040 METHOD OF SERVICE. B. All notices required by this chapter shall be served as provided in this Section 8.820.0480 of this title. Page 323 ORDINANCE NO. -56- C. Where Rreal Pproperty is involved, written notice shall be mailed to the Pproperty Oowner at the address as shown on the last equalized Ccounty assessment roll. D. Where personal service or service by mail upon the Pproperty Oowner is unsuccessful, a copy of the order shall be conspicuously posted at the Pproperty which is the subject of the order. E. The failure of any personPerson to receive any notice required under this chapter shall not affect the validity of any proceedings taken under this chapter. (Ord. 864 § 1, 1998) 8.80.050 HEARING. A. If the director determines that all violations have been corrected within the time specified in the NOV or compliance order, no further action shall be taken. B. If full compliance is not achieved within the time specified in the compliance order, the director shall advise the secretary to the appeals board to set a hearing before the board. C. The secretary to the appeals hearing board shall cause a written notice of hearing to be served on the violator and, where Rreal Pproperty is involved, a notice of hearing shall be served on the Pproperty Oowner at the address as it appears on the last equalized Ccounty assessment roll available on the date the notice is prepared. (Ord. 864 § 1, 1998) 8.80.060 NOTICE OF HEARING. A. Every notice of hearing on a compliance order, and NOV shall contain the date, time and place at which the hearing shall be conducted by the appeals hearing board. B. Each hearing shall be set for a date not less than fifteen days nor more than sixty days from the date of the notice of hearing unless the director determines that the matter is urgent or that good cause exists for an extension of time. C. This hearing serves to provide the full opportunity of a personPerson subject to a compliance order to object to the determination that a violation has occurred and/or that the violation has continued to exist. The failure of any personPerson subject to a compliance order, pursuant to this chapter, to appear at the hearing shall constitute a failure to exhaust administrative remedies. 8.80.070 HEARING—FINDINGS AND ORDER. A. At the place and time set forth in the NOV or notice of hearing, the appeals hearing board shall conduct a hearing on the NOV or compliance order issued pursuant to Section 8.80.030. B. The board shall consider any written or oral evidence consistent with its rules and procedures regarding the violation and compliance by the violator or by the Rreal Pproperty Oowner. C. Within a reasonable time following the conclusion of the hearing, the board shall make findings and issue its determination regarding: D. The existence of the violation. Page 324 ORDINANCE NO. -57- 1. The failure of the violator or Oowner to take required corrective action within the required time period. 2. The board shall issue written findings on each violation. The findings shall be supported by evidence received at the hearing. E. If the board finds by a preponderance of the evidence that a violation has occurred and that the violation was not corrected within the time period specified in the compliance order, the Board shall issue an administrative order. F. If the board finds that no violation has occurred or that the violation was corrected within the time period specified in the NOV or compliance order, the board shall issue a finding of those facts. 8.80.080 ADMINISTRATIVE ORDER. If the appeals hearing board determines that a violation occurred which was not corrected within the time period specified in the compliance order, the board shall issue an administrative order as described in this Section 8.80.0870 which imposes any or all of the following: A. An order to correct, including a schedule for correction where appropriate. B. Administrative penalties as provided in Section 8.80.090. C. Administrative costs as provided in Section 8.80.100. 8.80.090 ADMINISTRATIVE PENALTIES. A. The appeals hearing board may impose administrative penalties for the violation of any provision of this code in an amount not to exceed a maximum of two thousand five hundred dollars ($2,500) per day for each ongoing violation, except that the total administrative penalty shall not exceed one hundred thousand dollars ($100,000), exclusive of administrative costs, interest, and restitution for compliance reInspections, for any related series of violations. B. In determining the amount of the administrative penalty, the board may take any or all of the following factors into consideration: 1. The duration of the violation. 2. The frequency, recurrence and number of violations, related or unrelated, by the same violator. 3. The seriousness of the violation. 4. The good faith efforts of the violator to come into compliance. 5. The economic impact of the penalty on the violator. 6. The impact of the violation on the community. 7. Such other factors as justice may require. C. Administrative penalties imposed by the board shall accrue from the date specified in the compliance order and shall cease to accrue on the date the violation is corrected as determined by the director or the board. D. The board, in its discretion, may suspend the imposition of applicable penalties for any period of time during which: 1. The violator has filed for necessary permits. 2. Such permits are required to achieve compliance. Page 325 ORDINANCE NO. -58- 3. Such permit applications are actively pending before the cityCity, Sstate or other appropriate governmental Aagency. 4. Administrative penalties assessed by the board shall be due by the date specified in the administrative order. E. Administrative penalties assessed by the board are a debt owed to the cityCity and, in addition to all other means of enforcement, if the violation is located on Rreal Pproperty, may be enforced by means of a lien against the Rreal Pproperty on which the violation occurred. F. If the violation is not corrected as specified in the board’s order to correct, administrative penalties shall continue to accrue on a daily basis until the violation is corrected, subject to the maximum amount set forth in Section 8.80.090(A) above. G. If the violator gives written notice to the director that the violation has been corrected and if the director finds that compliance has been achieved, the director shall deem the date the written notice was postmarked or personally delivered to the director or the date of the final Inspection, whichever first occurred, to be the date the violation was corrected. If no written notice is provided to the director, the violation will be deemed corrected on the date of the final Inspection. 8.80.100 ADMINISTRATIVE COSTS. A. The appeals hearing board shall assess administrative costs against the violator when it finds that a violation has occurred, and that compliance has not been achieved within the time specified in the compliance order or NOV. B. The administrative costs may include any and all costs incurred by the cityCity in connection with the matter before the appeals hearing board including, but not limited to, costs of investigation, staffing costs incurred in preparation for the hearing and for the hearing itself, and costs for all further reInspections necessary to enforce the compliance order. 8.80.110 FAILURE TO COMPLY WITH ADMINISTRATIVE COMPLIANCE ORDER. Failure to pay the assessed administrative penalties and administrative costs specified in the administrative order of the appeal hearing board may be enforced as: A. A personal obligation of the violator. B. If the violation is in connection with Rreal Pproperty, a lien upon the Rreal Pproperty. The lien shall remain in effect until all of the administrative penalties, interest, and administrative costs are paid in full. 8.80.120 RIGHT OF JUDICIAL REVIEW. Any personPerson aggrieved by an administrative order of the appeals hearing board may obtain review of the administrative order in the superior court by filing with the court a petition for writ of mandate pursuant to Section 1.04.090 of this code. 8.80.130 RECOVERY OF ADMINISTRATIVE CIVIL PENALTIES. Page 326 ORDINANCE NO. -59- The cityCity may collect the assessed administrative penalties and administrative costs by use of all available legal means, including recordation of a lien pursuant to Section 8.80.160. 8.80.140 REPORT OF COMPLIANCE AFTER ADMINISTRATIVE ORDER. If the director determines that compliance has been achieved after a NOV or compliance order has been sustained by the appeals hearing board, the director shall file a report indicating that compliance has been achieved. 8.80.150 COMPLIANCE DISPUTE. A. If the director does not file a report pursuant to Section 8.80.140 above, a violator who believes that compliance has been achieved may request a compliance hearing before the appeals hearing board by filing a request for a hearing with the secretary to the board. B. The hearing shall be noticed and conducted in the same manner as a hearing on a NOV or compliance order provided in Sections 8.80.060 through 8.80.070 of this chapter. C. The board shall determine if compliance has been achieved and, if so, when it was achieved. 8.80.160 LIEN PROCEDURE. A. Whenever the amount of any administrative penalty and/or administrative cost imposed by the appeals hearing board pursuant to this chapter in connection with Rreal Pproperty has not been satisfied in full within ninety days and/or has not been successfully challenged by a timely writ of mandate, this obligation may constitute a lien against the Rreal Pproperty on which the violation occurred. B. The lien provided herein shall have no force and effect until recorded with the office of the Ccounty recorder. Once recorded, the administrative order shall have the force and effect and priority of a judgment lien governed by the provisions of Sections 697.340 of the Code of Civil Procedure and may be extended as provided in Sections 683.110 to 683.220, inclusive, of the Code of Civil Procedure. C. Interest shall accrue on the principal amount of the judgment remaining unsatisfied pursuant to law. D. Prior to recording any such lien, the director of finance shall prepare and file with the cityCity clerk a report stating the amounts due and owing. E. The cityCity clerk shall fix a time, date and place for hearing such report, and any protests or objections thereto, before the cityCity Ccouncil. F. The director of finance shall cause written notice to be served on the Pproperty Oowner not less than ten days prior to the time set for the hearing. Such notice shall be served as provided in Section 8.820.0480 of this title. 8.80.170 PUBLIC HEARING AND PROTESTS. Page 327 ORDINANCE NO. -60- A. Any personPerson whose Rreal Pproperty is subject to a lien pursuant to Section 8.80.0160 may file a written protest with the cityCity clerk and/or may protest orally at the cityCity Council meeting. B. Each written protest or objection must contain a description of the Pproperty in which the protesting party is interested and the grounds of such protest or objection. 8.80.180 RECORDATION OF LIEN. Thirty days following the adoption of a resolution by the cityCity Council imposing a lien the cityCity Clerk shall file the same as a judgment lien in the office of the Ccounty recorder of Riverside County, California. The lien may carry such additional administrative charges as set forth by resolution of the cityCity Council. 8.80.190 SATISFACTION OF LIEN. Once payment in full is received by the cityCity for outstanding penalties and costs, the director of finance shall either record a notice of satisfaction or provide the Pproperty Oowner or financial institution with a notice of satisfaction so they may record this notice with the Office of the County Recorder. Such notice of satisfaction shall cancel the cityCity’s lien. (Ord. 864 § 1, 1998) Section 8.81 of the Code of the City of Palm Desert, California, is hereby amended to read as follows: 8.81 ADMINISTRATIVE CITATIONS 8.81.010 APPLICABILITY. A. This chapter provides for Aadministrative Ccitations which are in addition to all other legal remedies, criminal or civil, which may be pursued by the cityCity to address any violation of this code. B. Use of this chapter shall be at the sole discretion of the cityCity. 8.81.020 ENFORCEMENT OFFICER—DEFINED. For purposes of this chapter, “Enforcement Officer” shall mean any cityCity employee or agent of the cityCity with the authority to enforce any provision of this code. The City reserves the right to change the Enforcement Officer or establish a new enforcement officer at any time. 8.81.030 Administrative Ccitation. A. Whenever an Enforcement Officer charged with the enforcement of any provision of this code determines that a violation of that provision has occurred, the Enforcement Officer shall have the authority to issue an Aadministrative Ccitation to any personPerson responsible for the violation. B. Each Aadministrative Ccitation shall contain the following information: Page 328 ORDINANCE NO. -61- 1. The date of the violation. 2. The address or a definite description of the location where the violation occurred. 3. The section of this code violated and a description of the violation. 4. The amount of the fine for the code violation. 5. A description of the fine payment process, including a description of the time within which and the place to which the fine shall be paid. 6. An order prohibiting the continuation or repeated occurrence of the code violation described in the Aadministrative Ccitation. 7. A description of the Aadministrative Ccitation review process, including the time within which the Aadministrative Ccitation may be contested and the place from which a request for hearing form to contest the Aadministrative Ccitation may be obtained. 8. The name and signature of the citing enforcement officer. (Ord. 865 § 1, 1998) 8.81.040 AMOUNT OF FINES. A. The amounts of the fines for code violations imposed pursuant to this chapter shall be set forth in the schedule of fines established by resolution of the cityCity Ccouncil and otherwise permitted by applicable law, including 14 California Code of Regulations Section 18997.2. B. The schedule of fines shall specify any increased fines for repeat violations of the same code provision by the same personPerson within thirty-six months from the date of an Aadministrative Ccitation. C. The schedule of fines shall specify the amount of any late payment charges imposed for the payment of a fine after its due date. 8.81.050 PAYMENT OF THE FINE. A. The fine shall be paid to the cityCity within thirty days from the date of the Aadministrative Ccitation. B. Any Aadministrative Ccitation fine paid pursuant to subsection A. shall be refunded in accordance with Section 8.81.100 if it is determined, after hearing, that the personPerson charged in the Aadministrative Ccitation was not responsible for the violation or that there was no violation as charged in the Aadministrative Ccitation. C. Payment of a fine under this chapter shall not excuse or discharge any continuation or repeated occurrence of the code violation that is the subject of the Aadministrative Ccitation. 8.81.060 HEARING REQUEST. A. Any recipient of an Aadministrative Ccitation may contest that there was a violation of the code or that he or she is the Rresponsible Pparty by completing a request for hearing form and returning it to the cityCity within thirty days from the date of the Aadministrative Ccitation, together with an advance deposit of the fine Page 329 ORDINANCE NO. -62- or notice that a request for an advance hardship waiver has been filed pursuant to Section 8.81.070. B. A request for hearing form may be obtained from the Ddepartment specified on the Aadministrative Ccitation. C. The personPerson requesting the hearing shall be notified of the time and place set for the hearing at least ten days prior to the date of the hearing. D. If the enforcement officer submits an additional written report concerning the Aadministrative Ccitation to the hearing officer for consideration at the hearing, a copy of this additional report shall be served on the personPerson requesting the hearing at least five days prior to the date of the hearing. 8.81.070 ADVANCE DEPOSIT HARDSHIP WAIVER. A. Any personPerson who intends to request a hearing to contest that there was a violation of the code or that he or she is the Rresponsible Pparty and who is financially unable to make the advance deposit of the fine as required in Section 8.81.060(A) may file a request for an advance deposit hardship waiver. B. The request shall be filed with the Ddepartment of Ffinance on an advance deposit hardship waiver application form, available from the Ddepartment of Ffinance, within ten days of the date of the Aadministrative Ccitation. C. The requirement of depositing the full amount of the fine as described in Section 8.81.060(A) shall be stayed unless or until the director of finance makes a determination not to issue the advance deposit hardship waiver. D. The director may waive the requirement of an advance deposit set forth in Section 8.81.060(A) and issue the advance deposit hardship waiver only if the cited party submits to the director a sworn affidavit, together with any supporting documents or materials, demonstrating to the satisfaction of the director the personPerson’s actual financial inability to deposit with the cityCity the full amount of the fine in advance of the hearing. E. The Aadministrative Ccitation and any additional report submitted by the enforcement officer shall constitute prima facie evidence of the facts contained in those respective documents. F. The hearing officer may continue the hearing and request additional information from the enforcement officer or the recipient of the Aadministrative Ccitation prior to issuing a written decision. 8.81.080 HEARING OFFICER. The cityCity managerManager shall designate the hearing officer for the Aadministrative Ccitation hearing. 8.81.090 HEARING PROCEDURE. A. No hearing to contest an Aadministrative Ccitation before a hearing officer shall be held unless the fine has been deposited in advance in accordance with Section 8.81.060 or an advance deposit hardship waiver has been issued in accordance with Section 8.81.070. Page 330 ORDINANCE NO. -63- B. A hearing before the hearing officer shall be set for a date that is not less than fifteen days and not more than sixty days from the date that the request for hearing is filed in accordance with the provisions of this chapter. C. At the hearing, the party contesting the Aadministrative Ccitation shall be given the opportunity to testify and to present evidence concerning the administrative citation. D. The failure of any recipient of an Aadministrative Ccitation to appear at the administrative citation hearing shall constitute a forfeiture of the fine and a failure to exhaust their administrative remedies. E. The Aadministrative Ccitation and any additional report submitted by the code enforcement officer shall constitute prima facie evidence of the facts contained in those respective documents. F. The hearing officer may continue the hearing and request additional information from the enforcement officer or the recipient of the Aadministrative Ccitation prior to issuing a written decision. 8.81.100 HEARING OFFICER’S DECISION. A. After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision to either uphold or cancel the Aadministrative Ccitation and shall list in the decision the reasons for that decision. The decision of the hearing officer shall be final. B. If the hearing officer determines that the Aadministrative Ccitation should be upheld, the fine amount on deposit with the cityCity shall be retained by the cityCity. C. If the hearing officer determines that the Aadministrative Ccitation should be upheld and the fine has not been deposited pursuant to an advance deposit hardship waiver, the hearing officer shall set forth in the decision a payment schedule for the fine imposed. D. If the hearing officer determines that the Aadministrative Ccitation should be canceled and the fine was deposited with the cityCity, the cityCity shall promptly refund the amount of the deposited fine, together with interest at the average rate earned on the cityCity’s portfolio for the period of time the fine amount was held by the cityCity. E. The recipient of the Aadministrative Ccitation shall be served with a copy of the hearing officer’s written decision. F. The employment, performance evaluation, compensation and benefits of the hearing officer shall not be directly or indirectly conditioned upon the amount of Aadministrative Ccitation fines upheld by the hearing officer. 8.81.110 LATE PAYMENT CHARGES. Any personPerson who fails to pay to the cityCity any fine imposed pursuant to the provisions of this chapter on or before the date that fine is due shall also be liable for the payment of any applicable late payment charges as set forth in the schedule of fines. 8.81.120 RECOVERY OF AADMINISTRATIVE CCITATION FINES AND COSTS. Page 331 ORDINANCE NO. -64- The cityCity may collect any past due Aadministrative Ccitation fine or late payment charge by use of all available legal means. The cityCity also may recover its collectionCollection costs pursuant to Section 1.04.090. 8.81.130 RIGHT TO JUDICIAL REVIEW. Any personPerson aggrieved by an administrative decision of a hearing officer, or an Aadministrative Ccitation may obtain review of the administrative decision by filing a petition for review with the municipal court of Riverside County in accordance with the time lines and provisions set forth in California Government Code Section 53069.4. (Ord. 865 § 1, 1998) 8.81.140 NOTICES. A. The Aadministrative Ccitation and all notices required to be given by this chapter shall be served on the Rresponsible Pparty in accordance with the provisions of Section 8.820.0480 of this title. B. Failure to receive any notice specified in this chapter does not affect the validity of proceedings conducted hereunder. Section 15 of the Code of the City of Palm Desert, California, is hereby amended to read as follows: 15 BUILDING AND CONSTRUCTION 15.18.010 ADOPTION OF THE CALIFORNIA GREEN BUILDING STANDARDS CODE. That certain document in book form entitled California Green Building Standards Code, Title 24,3 Part 11, Chapters 4 and 5, known as CALGreen, as amended2019 Edition, (CGBSC), copyrighted by the “California Building Standards Commission,” 2525 Natomas Park Drive, Suite 130, Sacramento, California, 95833-2936, prescribing regulating public health, safety and general welfare by enhancing the design and construction of buildings through the use of building concepts having a reduced negative impact, or positive environmental impact and encouraging sustainable construction practice within the cityCity, are hereby adopted by reference as the “Green Building Code” of the cityCity of Palm Desert, and from the date on which the ordinance codified in this chapter shall take effect, the provisions thereof shall be controlling within the corporate limits of the cityCity of Palm Desert. The California Green Building Standards Code will be on file for public examination in the office of the building official. 15.30.010 CONSTRUCTION SITE SECURITY. A. The owner, contractor or responsible party constructing a new building, addition, alteration, or demolition to an existing building shall maintain security measures as deemed necessary or as required by the building official to control vandalism, fires, blowing dust, sand or debris. Page 332 ORDINANCE NO. -65- B. Perimeter security fencing is required along all property lines. Fencing shall be a minimum six feet high with a minimum ninety-four percent blackout heavy-duty plastic screening. The number of access points onto the site shall be minimized, and where feasible, situated in locations that are highly visible from an adjacent Sstreet. Vehicle and pedestrian gates and openings shall have gates secured after hours of operation. Locking gates shall be secured with minimum 3/8-inch thick, 30-grade coil chain, or minimum 5/16-inch cable. The perimeter security fencing shall be maintained and remain in place through the duration of the project or until a permanent wall/fencing is installed. C. The Oowner, contractor or responsible party constructing a new building, addition, alteration, or demolition to an existing building shall keep the construction site clean by having an adequately sized debris box Discarded Materials containerContainers placed on the site for the depositing of Discarded Materialstrash and debris. For the purpose of this section, Discarded Materials shall have the same meaning as in Chapter 8.16., and shall include As used in this section, trash and debris shall include papers, cartons, bottles, cans, garbage, roofing materials, insulation, plaster, concrete, boards and other those substances that may be accumulated as a result of construction activities. D. In accordance with Chapter 15.18.010 the Owner, contractor or responsible party will meet diversion requirements as specified in Chapters 4 and 5 of the California Green Building Code, 23 CCR, Part 11. a. Containers, as defined in Chapter 8.16 of this municipal code, trash container shall remain on the construction site until the building inspector has completed the final Iinspection or has approved the removal of the containerContainer. Said containerContainer shall be emptied of its contents on a regular schedule or as ordered by the building inspector in order to avoid blowing debris or other public nuisances. E. Disposal shall be by transportation to a legally established recovery, Processing, or dumpdisposal site by the cityCity’s Franchise Waste Haulerrefuse contractor, or other personPerson authorized by law to remove any containerContainer from the location where the personPerson in charge for storage and collectionCollection placed the containerContainer. F. Refusal to comply with the provisions of this section shall be deemed a misdemeanor or infraction and is punishable as stipulated in Chapter 1.12 of this code. The noncompliance can be sufficient cause for the revocation of the issued building permit. 15.30.020 NEW CONSTRUCTION. Persons applying for a permit from the City for new construction and building additions and alternations shall comply with the adequate Container space requirements of Chapter 8.12.030 and applicable required components of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended, if its project is covered by the scope of CALGreen. If the requirements of CALGreen are more stringent than the Container enclosure requirements of Chapter 8.12.030, the CALGreen requirements shall apply. Page 333 ORDINANCE NO. -66- 15.30.030 REQUIREMENTS TO RECEIVE A BUILDING PERMIT. Prior to the issuance of a building permit for all new projects requiring a building permit, the proponent of the project shall obtain the review and approval of the City Manager or their designee of a plan depicting the Recyclable Materials and/or Organic Materials Collection area or areas for the project. The plan shall comply with the following provisions: A. Location. Recyclable Materials and/or Organic Materials Collection areas may be located either indoors or outdoors and may be included as part of the same enclosure where Solid Waste is collected. In no case shall any Recyclable Materials and/or Organic Materials Collection area be farther from a dwelling unit or structure than the Solid Waste Collection area which serves the same dwelling unit or structure. B. Signage. Collection areas and Containers shall be clearly labeled to indicate the type and condition of Discarded Materials accepted. C. Space Allocation Based on an Approved Recycling Plan. In lieu of having specific Collection area space allocation tables or formulas, and to allow maximum flexibility, a Recycling plan may be submitted by the applicant which details the Recyclable Materials and/or Organic Materials Collection system from the individual workstations to the final Collection area and/or the size of interim and final Collection areas (which must be minimum of one hundred twenty-eight square feet) and type of materials collected. Section 24.04 of the Code of the City of Palm Desert, California, is hereby amended to read as follows: 24.04 WATER-EFFICIENT LANDSCAPE 24.04.010 PURPOSE AND INTENT. The purpose of this chapter is to establish minimum water-efficient landscape requirements for newly installed and rehabilitated landscapes. It is also the purpose of this chapter to implement these minimum requirements to meet the Sstate of California Code of Regulations Title 23, Water Division 2, Department of Water Resources Chapter 2.7, Sections 492.6(a)(3)(B), (C), (D), and (G) of the Model Water Efficient Landscape Ordinance and the Sstate of California Water Conservation in Landscaping Act, Reference: Sections 65591, 65593, 65596 Government Code. A. The Coachella Valley Water District (CVWD) has created a water-efficient landscape ordinance in compliance with the Department of Water Resources Model Water Efficient Landscape Ordinance; Attachment A of Ordinance 1302.1 Landscape and Irrigation System Design Criteria (“CVWD Ordinance”). The cityCity hereby adopts by reference CVWD Ordinance No. 1302 (in its most current edition as of the date of plan submittal) as the cityCity’s water-efficient landscape criteria. It is the intent of the cityCity Ccouncil to defer technical irrigation review and approval process to CVWD Page 334 ORDINANCE NO. -67- consistent with the CVWD ordinance. The cityCity will have full authority over aesthetic (plant choice, spacing, and design) review. B. It is the intent of the cityCity Ccouncil to promote water conservation through the planning, design, installation, and maintenance of landscapes by the use of climate- appropriate plant material and efficient irrigation as well as to create a Palm Desert landscape theme through enhancing and improving the physical and natural environment. The application of mulch and compost to landscaping projects enhances soil water retention and creates demand for recycled-organic content products. C. These provisions are supplementary and additional to the subdivision and zoning regulation of this code and shall be read and construed as an integral part of the regulations and controls established thereby. D. Refer to Ordinance No. 1302.1, an Ordinance of the Coachella Valley Water District establishing landscape and irrigation system design criteria. As Ordinance No. 1302.1 is amended and/or revised, so is Chapter 24.04, Water-Efficient Landscape, so that it reflects the currently adopted version of the CVWD ordinance. 24.04.020 APPLICABILITY. This chapter applies to: A. All new and rehabilitated landscaping for Ppublic Aagency projects and private development projects including, but not limited to, industrial, commercial, and recreational projects. B. Developer installed and rehabilitated landscaping in single-family tracts, five or more infill lots, and multifamily projects, per CVWD Ordinance 1302.1. C. New construction landscapes that are homeowner-provided and/or homeowner- hired in single and multifamily residential projects with a cumulative total Pproperty/project landscape area equal to or greater than five thousand square feet. D. Existing landscapes are subject only to Sections 24.04.120, 24.04.130, 24.04.150, and 24.04.160. 24.04.030 APPLICABILITY—EXEMPTIONS. The following are exempt from the provisions of this chapter: A. Homeowner-provided or rehabilitated landscaping at single-family and multifamily projects having a cumulative total Pproperty/project landscape area of less than five thousand square feet. B. Cemeteries. C. Registered historical sites as determined by the cityCity Ccouncil. D. Ecological restoration projects that do not require a permanent irrigation system. E. Plant collections, excluding typical landscaped areas, as part of botanical gardens and arboretums open to the public. 24.04.040 LANDSCAPE DOCUMENTATION PACKAGE. Page 335 ORDINANCE NO. -68- A. Two copies of a landscape documentation package conforming to this chapter shall be submitted to the cityCity of Palm Desert and CVWD per Ordinance 1302.1. Preliminary approval of the project, specifically the landscape design plan as outlined in Section 24.04.050, and defined within CVWD Ordinance 1302.1, shall be obtained from the architectural review commission prior to submittal of the landscape documentation package to the director of public works. No personPerson, either as Pproperty Oowner, contractor, landscape architect or otherwise subject to the provisions of this chapter shall cause landscape construction work to begin without having an approved landscape documentation package approved by CVWD per Ordinance 1302.1, and from the director of public works. B. All requirements for the landscape documentation package are found within CVWD Ordinance 1302.1. C. Landscapes shall be maintained per the approved landscape documentation package. D. All Pproperty Oowners, personsPersons, firms, corporations, agents, employees or contractors of regulated projects shall complete and submit the landscape project application and comply with the approved landscape documentation package as required pursuant to this chapter and CVWD Ordinance No. 1302.1. E. An approved landscape documentation package will run with the Pproperty and the installed landscape will be maintained into perpetuity per the approved landscape documentation package. A current or new Pproperty Oowner may request amendments to an approved landscape documentation package provided they are consistent with the original intent, design quality, and water efficiency of the original approved landscape documentation package. Any request shall be subject to the current cityCity approval process. 24.04.050 LANDSCAPE DESIGN PLAN. A. For efficient use of water, a landscape design plan shall be carefully designed and planned for the intended function of the project. B. The landscape design plan shall be submitted as part of the landscape documentation package and include all components, contents, and items required by CVWD Ordinance 1302.1. C. The landscape design plan shall incorporate design criteria found in the current edition of the cityCity’s “Desert Flora Design Guide” publication. 24.04.060 INVASIVE PLANT SPECIES. Noxious weeds are any weed designated by the weed control regulations in the Weed Control Act and identified on a regional district noxious weed control list. Lists of invasive plants are maintained at the California Invasive Plant Inventory and USDA invasive noxious weeds database, and are prohibited in a landscape design. 24.04.070 LANDSCAPE AND IRRIGATION MAINTENANCE. Page 336 ORDINANCE NO. -69- A. A regular maintenance schedule containing the following conditions shall be submitted with the certificate of completion for all projects: 1. Landscapes shall be maintained to ensure water efficiency. The regular maintenance schedule shall include but not be limited to routine inspection, adjusting and repairing irrigation equipment; aerating and dethatching turf areas; replenishing decomposed granite ground cover; fertilizing; pruning, weeding, and removing any obstruction to emission devices in all landscaped areas. 2. Whenever possible, repair of irrigation equipment shall be done with the originally specified materials or their equivalents. 3. Operation of irrigation systems outside the normal watering window is allowed for auditing and system maintenance. 4. Landscape and irrigation maintenance activities shall be pursuant to those described in the current edition of the cityCity’s “Desert Flora Maintenance” publication. 24.04.080 LANDSCAPE IRRIGATION AUDITS. Landscape irrigation audits shall be completed for new developments and existing landscape pursuant to CVWD Ordinance 1302.1. 24.04.090 GRADING DESIGN PLAN. Grading design plans per Title 27 of the Palm Desert Municipal Code shall be submitted as part of the landscape documentation package. For the purpose of this section, the grading design plan shall meet and shall be submitted pursuant to CVWD Ordinance 1302.1. 24.04.100 CERTIFICATE OF COMPLETION. Certificates of completion shall be certified by a license architect or designer of record per CVWD Ordinance 1302.1 and submitted to the cityCity of Palm Desert for all projects. 24.04.110 PROVISIONS FOR EXISTING LANDSCAPES. Existing landscapes in excess of one acre in size shall be subject to a landscape audit, irrigation survey, and water use analysis pursuant to CVWD Ordinance No. 1302.1, Landscape and Irrigation System Design Criteria. 24.04.120 NUISANCE AND WASTE WATER PREVENTION. A. Public Nuisance Declaration. Any landscaping or landscaping irrigation system installed or maintained in violation of this chapter, including those failing to conform to approved landscaping plans, is declared to be a public nuisance under Section 8.70.010 and 8.70.030 and is subject to abatement pursuant to Chapter 8.20. Page 337 ORDINANCE NO. -70- B. Nuisance Water. The operation of a landscape irrigation system that creates overspray and/or runoff onto impervious surfaces (such as Ssidewalks, driveways, ditches, gutters, and roadways) in the public right-of-way shall be deemed to create nuisance water when such condition is observed to exist on any three days within a seven-day period. Nuisance water is a public nuisance under Section 8.20.020(T)(8) and subject to abatement pursuant to Chapter 8.20. C. Variances. The cityCity managerManager or theirhis/her designee may, in writing, grant variances to personsPersons who apply in writing for water uses prohibited by this chapter if it is found that a variance is necessary to prevent an emergency condition relating to health and safety, and if the personPerson seeking a variance has demonstrated that he or she has implemented measures in some other manner that achieves the objectives of the chapter. 24.04.130 FEES FOR INITIAL REVIEW AND PROGRAM MONITORING. A. For the purposes of meeting its obligations under this chapter, the following fees are deemed necessary to review landscape documentation packages and monitor landscape irrigation audits and shall be imposed on the subject applicant, Pproperty Oowner or designee. 1. A landscape documentation package review fee will be due at time of initial project application submission to the Public Works Department. 2. The water purveyor may require every five years the project owner/developer to cause a landscape irrigation audit to be completed by a certified landscape irrigation auditor. No cityCity fee will be due for the review of the audit by the director of public works. 3. If a landscape documentation package is not submitted prior to the start of landscape construction work by those personsPersons required to submit a package, a late submittal fee of twice the review fee shall be charged. 4. The cityCity Ccouncil, by resolution, shall establish the amount of the above fees in this section in accordance with applicable law. 24.04.140 ENFORCEMENT AND PENALTIES. A. For the purposes of ensuring that personsPersons comply with the provisions of this chapter, the cityCity managerManager or theirhis/her designee may, following written notice to subject Pproperty Oowner(s), initiate enforcement action(s) against such Pproperty Oowner(s) or designee(s), which enforcement action may include, but not be limited to, the following: 1. Revocation of a landscape documentation package. 2. Revocation of an approved conditional use permit. 3. Withholding issuance of a certificate of use, certificate of occupancy, or building permit. 4. Issuance of a stop work order. 5. Public nuisance abatement pursuant to Chapter 8.20. 6. Issuance of a citation. Page 338 ORDINANCE NO. -71- 7. Any landscaping that is installed, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this chapter and/or CVWD Ordinance No. 1302.1, or failure to comply with any of the conditions of an approved landscape documentation package, permit, precise plan, conditional use permit or variance granted by the architectural review commission, planning commission, and cityCity Ccouncil under this chapter or CVWD Ordinance No. 1302.1, is declared to be unlawful. Any Pproperty Oowner, personPerson, firm, corporation, agent, employee or contractor, otherwise violating any provision of this chapter or CVWD Ordinance No. 1302.1 shall be guilty of an infraction and shall be punishable as provided herein. 24.04.150 APPEALS. Decisions made by the director of public works may be appealed by an applicant, Pproperty Oowner(s) or designee(s) of any applicable project to the cityCity managerManager in writing, within fifteen days from the date of notification of decision. The cityCity managerManager’s decision may be appealed to the cityCity Ccouncil by an application in writing to the cityCity clerk of the cityCity Ccouncil within fifteen days from the date of notification of decision. Section 25.10 of the Code of the City of Palm Desert, California, is hereby amended to read as follows: 25.10 RESIDENTIAL DISTRICTS 25.10.040 SPECIFIC USE STANDARDS. The following provisions apply as indicated to the uses listed in Table 25.10-1 (Use Matrix for Residential Districts): A. Multifamily. Multifamily dwelling units are permitted within the R-2 district up to a maximum of 10 dwelling units per acre, or as indicated on the zoning map. Multifamily dwelling units are permitted within the R-3 district at densities between 7 and 40 dwelling units per acre, or as indicated on the zoning map. B. Group Home. When permitted according to Table 25.10-1 (Use Matrix for Residential Districts), group homes are limited to 6 or fewer residents. C. Planned Residential. Cluster development and/or condominiums are permitted as part of a planned development. D. Kennel. Excluding domestic pets, all boarding for animals or fowl must be at least 100 feet away from any neighboring residential home. E. Stables. The stabling of horses (or mules) is permitted with an administrative use permit in the residential estate district subject to the following provisions: 1. Two standard horses (or mules) over 14.2 hands, 58 inches shall be permitted on a lot of 40,000 square feet minimum area with a total number of horses all sizes not exceeding three. (This would allow one additional pony or the temporary keeping of one foal). Page 339 ORDINANCE NO. -72- 2. Horses must be kept within a corral and/or enclosed stable of the following minimum dimensions: a. Corral. 288 square feet per horse; minimum dimensions of 12 by 24 feet, and one-third shaded. b. Stable. 144 square feet, minimum dimension 12 feet by 12 feet per horse. Stable shall be ventilated for the desert environment. c. Construction. Corrals and stables shall be constructed of material and in such a manner to adequately contain the horses. 3. Barns, corrals or stables constructed to maintain horses shall be located not less than 35 feet from any residence or habitable structure on the same lot and not less than 50 feet from any residence or habitable structure on adjacent lots. Barns, corrals, or stables may be located within 50 feet of a front property line if the finding can be made that the design and appearance of such structures are compatible with surrounding properties. No horses shall be permitted within 100 feet of an adjacent Pproperty not zoned RE (i.e., R1, O.P., PR). 4. Definitions for Organic Material, and Diverted from Chapter 8.16 shall apply to this subsection. Animal manure shall be stored in appropriate receptacles and composted or otherwise properly Ddiverted as an Organic Material, according to Chapter 8.19,isposed of not less than once per week. 5. Barns, corrals, or stables shall be cleaned and maintained such that dust, flies, and odors shall not create a nuisance for adjacent properties and not less than once per day. F. Large Family Day Care. Large family day care facilities require the issuance of a large family day care use permit in accordance with Section 25.64.020, and are permitted subject to the following requirements: 1. Space and Concentration. Properties proposed for use as large family day care homes shall be located no closer than 300 feet in all directions from another large family day care home. An adjustment may be granted according to Chapter 25.64.030 (Adjustments) of this ordinance to reduce this distance to no more than 100 feet. 2. Traffic Control. A traffic circulation plan shall be designed to diminish traffic safety problems. Residences located on major arterial Sstreets (as shown on the General Plan circulation map) must provide a drop-off/pick-up area designed to prevent vehicles from backing onto the arterial roadway. The applicant may be required to submit a plan of staggered drop-off and pick-up time ranges to reduce congestion in neighborhoods already identified as having traffic congestion problems. 3. Parking. All homes used for large family day care facilities shall provide at least three automobile parking spaces, no more than one of which may be provided in a garage or carport. Parking may be on-street if contiguous to Pproperty. These may include spaces already provided to fulfill residential parking requirements. 4. Noise Control. Operation of the facility shall comply with all provisions of Chapter 9.24 (Noise Control) of the Palm Desert Municipal Code. Additional conditions may be placed on use permits to reduce noise impact if ongoing problems exist. Page 340 ORDINANCE NO. -73- 5. Signage. No signs or other exterior markings identifying a large family day care operation shall be allowed on the applicant’s home. 6. Residency. The applicant must be a primary resident of the home that is proposed as a large family day care home. 7. Contact Person. The current name(s) and telephone number(s) of the applicant, and all other operators if different from the applicant, of the family day care home shall be on file with the cCity at all times. 8. State Licensing. All appropriate licensing from the California Department of Social Services shall be obtained prior to commencing operation of any large family day care home in the City. 9. Building and Fire Code Compliance. Consistent with Section 1597.46 of the Health and Safety Code, the proposed large family day care home must comply with all building and fire code provisions applicable to single-family residences, and with such additional standards as the State Fire Marshal, from time to time, adopts pursuant to Section 1597.46(d) of the Health and Safety Code to promote the fire and life safety of children in large family day care homes. (See Title 22 of the California Code of Regulations.) 10. Smoking Restricted. Consistent with Section 1596.795 of the Health and Safety Code, smoking of tobacco and other substances—whether in pipe, cigar, or cigarette form—shall not be allowed in the applicant’s home during its hours of operation as a large family day care home with respect to those areas of the home where children are present. 11. Proof of Control. No use permit shall be issued unless the applicant can demonstrate legal authority and control over the Rreal Pproperty proposed to be used as a large family day care home. G. Recreational Use, Commercial. Commercial recreation uses are limited to the PR zone only with the issuance of a conditional use permit when not directly related to a permitted residential development. H. Recreation Facility, Incidental. Limited commercial uses are authorized as part of this use classification which are commonly associated with and directly related to the primary use. I. Commercial Parking Lot. Parking lots that service commercial establishments are permitted within 300 feet of the related commercial establishment. J. Hotel and Resort Hotel. In the R-3 zoning district, these uses are permitted up to a maximum of 40 units per gross acre with the issuance of a conditional use permit. In the PR zoning district, the maximum density shall be approved by the CcCommission or CcCouncil. K. Government Office Building. Small neighborhood government office buildings are permitted up to 5,000 square feet in size. L. Office Parking Lot. Parking lots that serve office developments are permitted when located directly adjacent to the office professional zone and consistent with recommendations of the General Plan. M. Professional Office within Residential District. These uses are permitted with the issuance of a conditional use permit, provided Pproperty to be developed is abutting or across the Sstreet, or across an alley from commercially zoned Page 341 ORDINANCE NO. -74- Pproperty. Residential development standards are to be used to ensure compatibility. 25.10.050 DEVELOPMENT STANDARDS. The development standards on Table 25.10-3 (Residential Zoning District Development Standards) are applicable to the residential zoning districts. These standards, along with other development standards (e.g., landscaping requirements, signs, and parking standards) in this title, are intended to assist Pproperty Oowners and project designers in understanding the cCity’s minimum requirements and expectations for high-quality development. A. Hillside Planned Residential Development Standards. The following standards must be met prior to the approval of a hillside development plan as described in Section 25.78.020: 1. Density. Each lot shall be limited to a maximum of one unit per 5 acres. All lots will be entitled to at least one unit. 2. Grading. Location of building pads and access roads shall be evaluated, approved, or adjusted based on consistency with the following: 3. Preserved natural contours of the land to avoid extensive cut and fill slopes to reduce the need for a staircase effect within developments. b. Architecture and landscape design which blends with the natural terrain to the greatest practical extent. c. Retention and protection of undisturbed viewsheds, natural landmarks, and features including vistas and the natural skyline as integral elements. d. Building Pad Area. The maximum area permanently disturbed by grading shall not exceed 10,000 square feet. e. Access Road or Driveway. Maximum permanent grading disturbance of natural terrain for development of access to the approved building pad shall be 3,000 square feet. Roads shall be located and designed to blend with the natural terrain to the greatest practical extent consistent with the grading provisions listed in this subsection A.2. f. Renaturalization. All cuts, fills, or other areas temporarily disturbed by grading shall be re-naturalized, colored, and landscaped to blend with the adjacent undisturbed natural terrain to the satisfaction of the cCity cCouncil. g. Maximum Dwelling Unit Size. Total dwelling unit, garage and accessory building size on any one lot shall not exceed 4,000 square feet. 4. Exception. The standards of subsections A.1 through A.3 of this section shall be required unless modified by one of the following: 5. Precise Plan. The cCommission and cCouncil may approve a precise plan of design through public hearing process that modifies the standards in subsection A.1 through A.3. Said precise plan shall take into consideration any and all circumstances, including, but not limited to, viewshed, topography, color, texture, and profile of any structure that the Ccommission or cCouncil may determine to be in conformity with the purposes set forth in this section. Page 342 ORDINANCE NO. -75- b. Previously Approved Existing Building Pads. If a Pproperty Oowner can demonstrate that a previous building pad was approved by the cCity or cCounty before incorporation, a home and accessory structure(s) may be built on a previously approved building pad without a public hearing. The building size shall be limited to 35 percent of the lot, which may be increased up to 50 percent with ARC approval. Enlarging a previously approved existing building pad shall require a new public hearing subject to the provisions of this chapter. c. Previously approved existing building pads shall be subject to the standard coverage limitations of 35 percent, which may be increased up to 50 percent with ARC approval. Any change to an existing approved building pad shall require a new public hearing subject to the provisions of this chapter. 6. Development on or across ridges is prohibited. 7. Building pads and architecture shall be designed to eliminate or minimize any visual impact on the cCity to the maximum extent feasible. 8. All common open space shall be preserved for that purpose as shown in the development plan. The developer shall choose one or a combination of the following 3 methods of administering common open space: 9. Dedication of common open space to the cCity, which is subject to formal acceptance. b. Establishment of an association or nonprofit corporation of all Pproperty Oowners or corporations within the project area to ensure perpetual maintenance of all common open space. c. Retention of ownership, control, and maintenance of all common open space by the developer; all privately owned common open space shall continue as such and shall only be used in accordance with the development plan; appropriate land use restrictions shall be contained in all deeds to ensure that the common open space is permanently preserved according to the development plan; said deed restrictions shall run with the land and be for the benefit of present as well as future Pproperty Oowners, and shall contain a prohibition against partition of common open space. d. Design Criteria. The following design criteria are established: a. The overall plan shall achieve an integrated land and building relationship. b. Open spaces, pedestrian and vehicular circulation facilities, parking facilities, and other pertinent amenities shall be an integral part of the landscape and particular attention shall be given to the retention of natural landscape features of the site. c. The layout of structures and other facilities shall effectaffect a conservation in Sstreet and utility improvements. d. Recreational areas, active and passive, shall be generally dispersed throughout the development and shall be easily accessible from all dwelling units. e. Architectural unity and harmony within the development and with the surrounding properties shall be attained. f. Planned Residential District Standards. 1. Purpose. It is the purpose of the PR district to provide for flexibility in development, creative and imaginative design, and the development of parcels of Page 343 ORDINANCE NO. -76- land as coordinated projects involving a mixture of residential densities and housing types, and community facilities. The PR district is further intended to provide for the optimum integration of urban and natural amenities within developments. The PR district is also established to give a land developer assurance that innovative and unique land development techniques will be given reasonable consideration for approval and to provide the cCity with assurances that the completed project will contain the character envisioned at the time of approval. 2. Filing Procedure. To initiate the review process, the applicant shall file applications for a change of zone (if needed) to a PR district along with a precise plan, tentative tract/parcel map and supporting environmental documentation. 3. Maximum Project Densities. The maximum project density shall be as expressed in dwelling units per gross acre of not more than the number following the zoning symbol PR. The cCouncil shall determine the densities to be allowed within each PR district at the time the involved properties are rezoned and as designated on the zoning map within the following range: one to 40 dwelling units maximum per average gross acre. The density designation shall mean dwelling units per average gross acre. For example, PR-7 means a planned residential development with seven units per gross acre. 4. Maximum Density for “Affordable Projects.” For projects containing at least 20 percent units affordable to low- income households as defined by the Riverside County Housing Authority, a maximum density of 55 dwelling units per acre may be allowed by precise plan. To be eligible for this program, the developer must enter into a development agreement which will tie the zoning designation and the precise plan approval to affordable housing performance standards. 5. Development Standards Applicable. All areas within the project site shall be subject to the following: 6. The standards for development of PR districts set forth in this chapter and any supplemental standards for the planned community designated in the precise plan. b. Off -street parking and loading requirements. All parking and loading shall comply with the provisions of Chapter 25.46. c. Utilities. For provisions regarding utilities, see Section 25.40.120. d. Signs. All signs shall be in compliance with Chapter 25.56. e. Outside Storage. No outside storage shall exceed the height of actual perimeter screening. f. Screening. All screening requirements for developments within the PR district shall be determined by the ARC during review of the precise plan. g. Discarded MaterialTrash Handling. Discarded material holds the same definition and regulations as provided in Chapter 8.16.Trash handling facilitiesEnclosures for handling Discarded Materials shall be provided for all developments within the PR district with the exception of single-family detached dwelling unitss. An enclosure for Discarded Materials trash enclosure will be provided and for all but excepted uses, unless the proposed location of the trash area is completely enclosed by walls or buildings. follow the regulations as established in Chapter 8.12. The Page 344 ORDINANCE NO. -77- freestanding trash Discarded Materials enclosure shall be constructed of masonry block. No Discarded Materials trash shall be allowed to extend above or beyond the enclosure. h. Site Plan Review. Review of a site plan by Planning Department staff shall be required before a building permit is issued for any development in the PR district. 7. Special Standards. In addition to requiring all development plans to comply with the following special standards the cCouncil and/or Ccommission may impose such other conditions to the development plan as it deems necessary or desirable in carrying out the general purpose and intent of this chapter. 8. Minimum Project Area. Projects of less than 7 dwelling units per acre shall have a minimum area of 5 acres. Projects of 7 to 18 dwelling units per acre shall have a minimum area of 10 acres. Projects with 18+ dwelling units per acre shall have a minimum area greater than 10 acres. b. Minimum Project Width. Projects of less than 7 dwelling units per acre shall have a minimum width of 200 feet. Projects of 7 to 18 dwelling units per acre shall have a minimum width of 250 feet. Projects with 18+ dwelling units per acre shall have a minimum width greater than 300 feet. c. Minimum Project Perimeter Setback. The minimum perimeter setback shall be 20 feet from all Pproperty lines adjacent to existing or proposed public Sstreets. d. Minimum Project Building Coverage. Projects of less than 7 dwelling units per acre shall have a maximum building coverage of 40 percent. Projects of 7 to 18 dwelling units per acre shall have a maximum building coverage of 50 percent. Projects with 18+ dwelling units per acre shall have a maximum building coverage of 80 percent. e. Minimum Lot Area. For single-family detached, the minimum lot area shall be as approved by the development plan. For single-family attached, the minimum lot area shall be 2,500 square feet. For a two-story dwelling, the minimum lot area shall be 3,000 square feet. For multiple-family buildings, the minimum lot area shall be as approved on the tract map. f. Minimum Yards—Development Standards. For single-family attached, two-story family dwellings and multiple-family buildings, the minimum front, side, and rear yards shall be as approved on the tract map. 9. Minimum Separation Between Sides of Buildings. For single-story, single-family detached buildings there shall be a minimum of 7 feet between sides. For two- story, single-family detached buildings there shall be a minimum of 10 feet between two-story elements. 10. Minimum Common Open Space. 11. Projects of less than 7 dwelling units per acre shall have a minimum common open space of 30 percent of the net area. b. Projects of 7 to 18 dwelling units per acre shall have a minimum common open space of 20 percent of the net area. c. At least 50 percent of all required common open space shall be approximately level, defined as not more than 13.5 percent grade. Page 345 ORDINANCE NO. -78- d. The common open space shall be land within the total development site used for recreational, including buildings used for recreation purposes, parks or environmental purposes for enjoyment by Ooccupants of the development and their guests, or dedicated to the cCity for public parks. e. Common open space shall not include public or private streets, driveways, private yards, or patios and parking areas. f. Building Height. The maximum building height in a PR district shall be 40 feet or three-story, whichever is less, or as approved by the Planning Commission. 12. Maximum Dwelling Units per Building. The maximum number of dwelling units per building shall be as approved by the Planning Commission. 13. Required Width of Private Roads. With no parking, the private roads shall be 20 feet wide. With parking on one side, 32 feet wide. With parking on two sides, 40 feet wide. The roadways shall be a minimum of asphaltic concrete with concrete curbs and gutters as approved by the Director. Standards of design and construction of roadways, both public and private, within the project may be modified as is deemed appropriate by the cCity, especially where it is found that the development plan provides for the separation of vehicular and pedestrian circulation patterns and provides for adequate off -street parking facilities. 14. RV Park Standards. The following standards apply to recreational vehicle parks: 15. Minimum project size of 5 acres.; b. Maximum density of 12 spaces per acre.; c. Minimum space area of 1,500 square feet, minimum dimension 30 feet by 50 feet.; d. Minimum 40 percent common open space/recreation area.; e. Front project setback adjacent to public street of 25 feet with combination of 6-foot masonry wall and landscaping to screen all recreation vehicles.; f. Interior property lines to be bounded by 6-foot masonry wall and at least 10 feet of landscaping.; g. Projects may be single-use or developed as part of a larger resort or residential development.; h. RV parks shall be taxed as a transient occupancy use.; i. Permitted Accessory Uses. Private recreational facilities and limited commercial directly associated with primary use as approved by cCommission. j. Building Setbacks from the Planned Street Line. The minimum setback in all residential developments within the PR district shall be the designated distances from the ultimate right-of-way line of the Sstreets specified in this title unless otherwise provided in this section: Table 25.10-2: Setbacks from Planned Street Lines Page 346 ORDINANCE NO. -79- Street Type Setback Distance Freeway 50 feet Major 32 feet Arterial 32 feet Collector 25 feet Local 25 feet 16. Two-story, single-family detached building setbacks from project perimeter: a. The minimum setback shall be 100 feet or one lot depth, whichever is more. b. The cCommission may waive interior setback requirements when adjacent developments are planned simultaneously. c. Development standards within the PR districts may be modified through the precise plan process as specified in Section 25.72.030. b. Approval Criteria. The cCommission and/or cCouncil may approve a precise plan only after finding that the requirements of this title and other ordinances affecting the Pproperty have been satisfied. In granting such approval, the cCommission/cCouncil may impose and enforce such specific conditions as to site development, phasing and building construction, and maintenance and operation as it deems necessary to carry out the purposes of this title and the General Plan. All development within the PR district shall comply with the development plan as approved and adopted by the cCommission/cCouncil. Table 25.10-3: Residential Zoning District Development Standards Measurement/Zo ning District RE3 R-13 R-2 R-3 R- 1M1 HPR4 P.R .5 ≥1 ac ≥15,0 00 sf ≥10,0 00 sf, but ≤15,0 00 sf <10,0 00 sf Residential Density Density (du/ac), 1 - 2 2 - 3 3 - 4 5 - 8 3 - 7 -– 7 1/5 4 - Page 347 ORDINANCE NO. -80- min – max 10 40 ac 40 Lot Dimensions Lot size, min 40,00 0 sf 15,00 0 sf 10,00 0 sf 8,000 sf 3,50 0 sf 3,00 0 sf 20 ac / 5,00 0 sf – – Lot size, max 1 ac No max 14,99 9 sf 9,999 sf No max No max No max – – Lot width, min 150′ 90′ 90′ 70′ 50′ 40′ 500′ – – Lot depth, min 200′ 125′ 100′ – - - – – – Setbacks Front yard, min 30′ 25′ 20′ 20′ 12′ 10′ 20′ / 5′ – – Side yard, min 15′ 15′ 8′ 5′ 6 5′ 8′ 10′ / 5′ – – Combined both sides, min 30′ 30′ 20′ 10′ 6 10′ 10′ – – – Street side yard, min 30′ 15′ 10′ 10′ 10′ 10′ 20′ / – – – Rear yard, min 50′ 20′ 20′ 15′ 15′ 10′ 10′ / 5′ – – Residential accessory structures See Section 25.40.050 (Accessory Buildings and Structures) Coverage Lot coverage, max percentage of lot area 30% 35%2 35%2 35%2 60% 75% – 10% 50 % Building Measurements Page 348 ORDINANCE NO. -81- Height, max 15′ (18′ ARC) 7 15′ (18′ ARC)7 15′ (18′ ARC)7 15′ (18′ ARC) 30′ 40′ 18′ _ 40′ Number of Stories, max. 1 1 1 2 2.5 3 1 1 3 Dwelling unit size, min 1,500 sf 1,250 sf 1,000 sf 1,000 sf 600 sf 450 sf – – – Dwelling unit size, max – – – – 4,00 0 sf 4,00 0 sf – 4,000 sf – Site area per dwelling unit, min – – – – 4,00 0 sf 2,50 0 sf – – – Building pad area, max – – – – – – – 10,00 0 sf – Open Space Group usable open space per dwelling unit, min – – – – – 300 sf – – – Notes 1. The dimension requirements included in this column apply to a manufactured home park project sites as well as individual sites within the park. The first dimension is for the larger project site. 2. Lot coverage may be increased to as much as 50 percent pending ARC approval, through the design review process. 3. All development standards are based on the square footage shown on the zoning map and not necessarily the physical lot size of a Pproperty. Properties only zoned R-1 without a square footage allocation shall comply with standards for < 10,000 square feet. Confirm standards with Planning Division staff for correct zoning designation and lot size development standards. 4. Hillside Development Plan approval process in Section 25.78.020 5. The standards and guidelines presented in this section provide design criteria for the achievement of functional and attractive developments that fit within the context of the cCity of Palm Desert. Exceptions to the criteria contained within the Development Page 349 ORDINANCE NO. -82- Plan may be appropriate with the application of innovative and unique design techniques in keeping with the character envisioned at the time of approval. 6. Setbacks within the Palm Desert Country Club in R-1 and R-2 have a 5 feet sideyard setback (See Figure 25.10-1 Palm Desert Country Club Setbacks) and a combined setback of 10 feet. 7. Allowable maximum building height is 18 feet with approval by the Architectural Review Commission (ARC). Figure 25.10-1 Palm Desert Country Club Setbacks Page 350 ORDINANCE NO. -83- PASSED, APPROVED, ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the day of , 2021, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JAN C. HARNIK, MAYOR ATTEST NORMA I. ALLEY, MMC, CITY CLERK CITY OF PALM DESERT, CALIFORNIA Page 351 The following information is intended to provide a summary of the revisions to the City’s Municipal code as required by Senate Bill (SB 1383), establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants in various sectors of California’s economy. BACKGROUND: In September 2016, Governor Brown signed into law SB 1383 (Lara, Chapter 395, Statutes of 2016), establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants in various sectors of California’s economy. SB 1383 requires the implementation and/or amendment of several ordinances and policies to facilitate compliance, including but not limited to: a mandatory organics service ordinance, an enforcement ordinance, a CALGreen C&D ordinance, a Model Water Efficient Landscaping Ordinance (MWELO), and procurement policies aligned with the state’s Public Resources Code. SUMMARY MUNICIPAL CODE CHANGES: The following is a summary of the updates made to the City’s Municipal Code for compliance with the legislation and other City policy decisions. • Chapter 1.04, General Provisions, has been reviewed for compliance with SB 1383 and did not require major compliance updates. Changes to subsection headings and references were made as well and inclusion of gender-neutral pronouns. • Chapter 3.30, Purchasing System and Public Works Contracts, Language has been updated to align with the procurement requirements for of SB 1383 with preference for recycled content products. • Chapters 8.12, 8.16, 8.17, 8.18, and 8.19, Discarded Material Enclosures, Solid Waste, Recyclable Materials, and Requirements for Collection of Waste, Recyclable Material, and Organic Materials for All Residents, and Solid Waste Collection and Disposal, has been modified as follows: o (8.12) Updates enclosure space requirements to include space for an organic materials, recycling, and solid waste container. o (8.16.010, 8.17.010) In Section 8.16.010, Ddefinitions have been added and updated to align with SB 1383. Removed definitions from Section other sections, and referenced them to updated to references in Section 8.16.010. o (8.16.060, 8.16.070) Includes requirements for the City’s franchise hauler and limitations for self-haul/back-haulers. o (8.19.050 through 8.19.080) Prohibits generators from placing incorrect materials in containers, such as organic materials in the recycling container. o (8.19.070, 8.19.080) Includes the requirements for multi-family and commercial businesses as separate sections. o (8.19.090) Adds the requirements for issuance and approval of allowable waivers from collection service under SB 1383. Allows City, with proper documentation, to automatically issue waivers. Formatted: Font: (Default) Arial, Bold Formatted: Left: 1", Top: 1", Bottom: 1", Different firstpage header Formatted: Font: Bold Formatted: Font: (Default) Arial, Bold Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, Font color: Auto Formatted: Font: (Default) Arial Commented [TS1]: There is no mention of changes made to this section below. Formatted: Font: (Default) Arial, 12 pt Commented [HK2R1]: Added where applicable Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, Font color: Auto Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, Font color: Auto Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, Font color: Auto Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, Font color: Auto Formatted: Font: (Default) Arial Page 352 Summary of the proposed amendments Page 2 Formatted: Font: (Default) Arial Formatted: Font: (Default) Arialo (8.19.100) Adds the edible food recovery requirements for commercial edible food generators to comply with the requirements including arranging for edible food donation services, record keeping, etc. o (8.19.110) Adds requirements for food recovery organizations to comply with the requirements including implementation of written agreements, record keeping, reporting, etc. o (8.19.120) Gives the City authority to inspect and investigate complaints or confirm compliance for SB 1383. o (8.19.130) Includes provisions that City cannot take enforcement action before required date in SB 1383 (January 1, 2024). o (8.19.100) Adds the edible food recovery requirements for commercial edible food generators to comply with the requirements including arranging for edible food donation services, record keeping, etc. o (8.19.110) Adds requirements for food recovery organizations to comply with the requirements including implementation of written agreements, record keeping, reporting, etc. • Chapters 8.80 and 8.81, Administrative RemediesApplicability and Administrative Citations, have been reviewed for compliance with SB 1383 and did not require major compliance updates. Changes to subsection headings and references were made as well and inclusion of gender-neutral pronouns. • Chapter 15, Building and Construction, has been reviewed for compliance with SB 1383 and required minor updates to align with the CalGreen Building Code. • Chapter 24.04, Water- Efficient Landscape, has been reviewed for compliance with SB 1383 and required minor updates. • Other Notable Revisions/Updates: o (8.16.010) Clarifies the responsible party for participation or subscription to collection service that was ambiguous in prior legislation. Formatted: Font: (Default) Arial, Font color: Auto Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, Font color: Auto Formatted: Font: (Default) Arial Commented [HK3]: Please include anything else of note that you would like to or think is important. Also, if the City decides to make other revisions you can add those here. Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt Page 353 [This page has intentionally been left blank.] Page 354 STAFF REPORT CITY OF PALM DESERT CITY MANAGER’S OFFICE MEETING DATE: January 13, 2022 PREPARED BY: Heather Horning, Assistant to the City Manager REQUEST: Approve Resolution No. 2022 - rescinding Resolution No. 2021- 25 and updating the Homelessness Taskforce Bylaws; and appoint members to serve on the Homelessness Taskforce. Recommendation By Minute Motion: 1.Approve Resolution No. 2022 - rescinding Resolution No. 2021-25 and updating the Homelessness Taskforce Bylaws; and 2.Appoint the following to the Homelessness Taskforce for a term ending June 30, 2023: •Patricia Ann Munson, Community Member •Randy Florence, Business Member •Davis Meyer, Alternate 3.Appoint the following to the Homelessness Taskforce for a term ending June 30, 2025: •Jeremy Wittie, Community Member •Diane Vines, Business Member •Cindy Burreson, Alternate Background The City Council has been committed to supporting a diversity of activities to mitigate homelessness locally in Palm Desert and regionally across the Coachella Valley. As such, the City and partnering organizations provide various services and coordinated efforts, and meet on a monthly basis to discuss trends, specific clients, resources available and many other items. In order to increase the level of coordination and communication, the City Council adopted Resolution No. 2021-25 on May 27, 2021, establishing a Homelessness Taskforce. On June 10, 2021, the City Council adopted draft bylaws to be further defined in future by the Taskforce, once established. On December 14, 2021, the City Council held a study session to conduct interviews for the members of the Taskforce. Based on feedback received during that study session Page 355 January 13, 2022 Homelessness Taskforce Bylaw Update and Member Appointment Page 2 of 2 staff is requesting the following individuals be appointed to the positions and terms stated below: Name Position Term Expiration Patricia Ann Munson Community Member 6/30/2023 Jeremy Wittie Community Member 6/30/2025 Randy Florence Business Member 6/30/2023 Diane Vines Business Member 6/30/2025 Davis Meyer Alternate 6/30/2023 Cindy Burreson Alternate 6/30/2025 The initial term for these appointments is either two or four years, chosen at random, in order to stagger the expiration dates. Concurrently to appointing these members to the Taskforce, staff recommends approving a resolution updating the Taskforce Bylaws to incorporate the addition of Alternate Members and an additional Community Member. A redline version of the proposed changes to the Taskforce Bylaws is attached as Attachment A. The resolution updating the Bylaws and the updated Bylaws are included as Attachment B and Attachment C respectively. If approved, the next steps include staff setting up an initial meeting with the Taskforce and working with them to finalize the bylaws. Any recommended bylaw changes would be presented to the full Council for consideration. Fiscal Analysis There is no fiscal impact associated with this action. LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW ASSISTANT CITY MANAGER N/A Robert W. Hargreaves City Attorney N/A L. Todd Hileman City Manager N/A Janet Moore Director of Finance Andy Firestine Andy Firestine Assistant City Manager City Manager: L. Todd Hileman: L. Todd Hileman ATTACHMENT A. Redline of Bylaws Adopted June 10, 2021 B. Resolution 2022 - _____ C. Exhibit A - Homelessness Taskforce Bylaws Page 356 ATTACHMENT A City of Palm Desert Homelessness Taskforce Bylaws Article I – Name. Homelessness Taskforce Article II – Purpose. The Homelessness Taskforce shall review various services and coordinated efforts to address homelessness and, when necessary, advise the City Council of the same. Additionally, the Taskforce shall discuss business and community needs and effects due to the impacts of homelessness and seek solutions, where appropriate. Article III – Members. The Homelessness Taskforce shall be composed of eightseven members and two alternate members. The members include , including two City Councilmembers appointed by the Mayor, two members of the business community, two community members, the Chair of the Public Safety Commission and the Chair of the Housing Commission or their designees. Business and community members shall serve four-year terms. Business members may reside outside of Palm Desert, however their businesses must be located in Palm Desert. One of the community members shall be a representative of the Public Safety Committee. Any member may be removed at any time, with or without cause, by a vote of the City Council. Article IV – Officers. The Homelessness Taskforce elects two officers: the chair and the vice-chair. The chair conducts all meetings. If the chair is absent, then the vice-chair acts as chair. If the chair and vice-chair are absent, then the Homelessness Taskforce appoints a member to act as the provisional chair. Article V – Meetings. Regularly scheduled meetings shall be held bi-monthly (every other month) and scheduled at a time and date approved by appointed members. The Homelessness Taskforce may meet more frequently by majority vote. The Homelessness Taskforce meetings are held at Palm Desert City Hall. A quorum is established if a simple majority of members are present. Article VI – Meeting Notice. Regular meetings are noticed by posting an agenda at least 72 hours (three business days) before meetings (Cal. Gov't Code section 54954.2(a)). Special meetings are noticed by posting an agenda at least 24 hours (one business day) before meetings (Cal. Gov't Code section 54956). Emergency meetings may be called if dire circumstances threaten public health or safety, as long as one-hour notice is given to media if requested (Cal. Gov't Code section 54956.5). Article VII – Voting. All member motions are approved by majority vote. If there is a tie vote with no abstentions, then the vote is recorded as a tie (no action). A subsequent motion may be offered and acted upon before finalizing the consideration of the item. Article VIII – Subcommittees. The City Council or the City Manager may direct the Homelessness Taskforce to create an ad hoc subcommittee to study an issue. The subcommittee shall report its findings and recommendations to the Homelessness Taskforce. Article IX – Record Keeping. Written records of actions taken or recommendations made by the Homelessness Taskforce shall be kept by an official recording secretary of the City department assigned to act as liaison to the Committee. Article X – Bylaws Amendment. The City Council can amend the Homelessness Taskforce bylaws by majority vote. Page 357 -1- RESOLUTION NO. 2022 - ______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING RESOLUTION NO. 2021-25 AND UPDATING THE HOMELESSNESS TASKFORCE BYLAWS WHEREAS, the City Council has been committed to supporting a diversity of services to mitigate homelessness locally in Palm Desert and regionally across the Coachella Valley; and WHEREAS, the City and partnering organizations provide various housing-related and social services for homeless individuals, and address community requests and concerns regarding the impacts of homelessness; and WHEREAS, the City and partnering organizations meet on a monthly basis to discuss current trends, specific clients, resources available and many other items; and WHEREAS, to increase the level of coordination and communication, the City Council adopted Resolution No. 2021-25 on May 27, 2021, establishing a Homelessness Taskforce in accordance with the bylaws to be approved by City Council; and WHEREAS, draft Homelessness Taskforce Bylaws were approved by the City Council on June 10, 2021; and WHEREAS, members of the Homelessness Taskforce will be appointed by the City Council. Such appointments will be made at a regular City Council meeting; and WHEREAS, initially each of the Homelessness Taskforce Members will serve two or four year terms, chosen at random, commencing upon appointment by the City Council, and then be based on the fiscal year (July – June). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council; and 2. That the Homelessness Taskforce bylaws are hereby updated as shown in Exhibit A attached hereto and incorporated herein. PASSED, APPROVED, AND ADOPTED this 13th day of January 2022, by the City Council of the City of Palm Desert, California by the following vote, to wit: AYES: NOES: ABSTAIN: ABSENT: ________________________________ JAN HARNIK, MAYOR Page 358 RESOLUTION NO. 2022-_____ -2- ATTEST: NORMA I. ALLEY, MMC, CITY CLERK CITY OF PALM DESERT, CALIFORNIA Page 359 City of Palm Desert Homelessness Taskforce Bylaws Article I – Name. Homelessness Taskforce Article II – Purpose. The Homelessness Taskforce shall review various services and coordinated efforts to address homelessness and, when necessary, advise the City Council of the same. Additionally, the Taskforce shall discuss business and community needs and effects due to the impacts of homelessness and seek solutions, where appropriate. Article III – Members. The Homelessness Taskforce shall be composed of eight members and two alternate members. The members include two City Councilmembers appointed by the Mayor, two members of the business community, two community members, the Chair of the Public Safety Commission and the Chair of the Housing Commission or their designees. Business and community members shall serve four-year terms. Business members may reside outside of Palm Desert, however their businesses must be located in Palm Desert. Any member may be removed at any time, with or without cause, by a vote of the City Council. Article IV – Officers. The Homelessness Taskforce elects two officers: the chair and the vice-chair. The chair conducts all meetings. If the chair is absent, then the vice-chair acts as chair. If the chair and vice-chair are absent, then the Homelessness Taskforce appoints a member to act as the provisional chair. Article V – Meetings. Regularly scheduled meetings shall be held bi-monthly (every other month) and scheduled at a time and date approved by appointed members. The Homelessness Taskforce may meet more frequently by majority vote. The Homelessness Taskforce meetings are held at Palm Desert City Hall. A quorum is established if a simple majority of members are present. Article VI – Meeting Notice. Regular meetings are noticed by posting an agenda at least 72 hours (three business days) before meetings (Cal. Gov't Code section 54954.2(a)). Special meetings are noticed by posting an agenda at least 24 hours (one business day) before meetings (Cal. Gov't Code section 54956). Emergency meetings may be called if dire circumstances threaten public health or safety, as long as one-hour notice is given to media if requested (Cal. Gov't Code section 54956.5). Article VII – Voting. All member motions are approved by majority vote. If there is a tie vote with no abstentions, then the vote is recorded as a tie (no action). A subsequent motion may be offered and acted upon before finalizing the consideration of the item. Article VIII – Subcommittees. The City Council or the City Manager may direct the Homelessness Taskforce to create an ad hoc subcommittee to study an issue. The subcommittee shall report its findings and recommendations to the Homelessness Taskforce. Article IX – Record Keeping. Written records of actions taken or recommendations made by the Homelessness Taskforce shall be kept by an official recording secretary of the City department assigned to act as liaison to the Committee. Article X – Bylaws Amendment. The City Council can amend the Homelessness Taskforce bylaws by majority vote. Page 360 STAFF REPORT CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT MEETING DATE: January 13, 2022 PREPARED BY: Audrey Nickerson, Project Manager REQUEST: Approve Amendment No. 1 to Contract No. C37040B with Southstar Engineering and Consulting of Riverside, California in an amount not to exceed $350,000 for additional construction management services related to President’s Plaza East and West Parking Lot Improvements (Project No. 758-14). ___________________________________________________________________________ Recommendation By minute motion: 1)Approve Amendment No. 1 to Contract No. C37040B with Southstar Engineering and Consulting of Riverside, California in an amount not to exceed $350,000; 2)Appropriate $350,000 from the Unobligated General Fund to Account No. 4004692-4400100 as well as the transfers in/out for the appropriation; and, 3)Authorize the City Manager or designee to execute said amendment. Upon approval of the above actions, funds will be available in Capital Project Account No. 4004692-4400100. Strategic Plan The improvements to the El Paseo Corridor fulfill priorities identified in the City’s Strategic Plan, including the following: Economic Development Priority No. 1: Expand job and business creation opportunities. Action Step: Revitalize Highway 111. Look at creating a possibility of creating a “City Center” atmosphere. To encourage growth and revitalization of the Highway 111 corridor, the City assists in providing large blocks of attractive and efficient public parking within the corridor. Background Analysis To date, the City Council has authorized the following actions for the President’s Plaza East and West Improvements project, resulting in a total of $11,161,977 for the project design, construction management, utility relocations, and construction: •May 10, 2018 – Awarded Contract No. C37040 for professional engineering, landscape architecture and utility design services to Dudek of La Quinta, California, in the amount of $606,120. •July 11, 2019 – Selected Alternative 5 for the design of President's Plaza East and Page 361 January 13, 2022 - Staff Report Contract No. C37040B Contract Amendment No. 1 Page 2 of 4 West Parking Lot Improvements; and approved Contract No. C37041, Amendment No. 1 to Contract No. C37040 with Dudek, in an amount of $50,000. • October 15, 2020 – Awarded Contract No. C37040B for construction management services to Southstar Engineering of Riverside, California in the amount of $853,960. • January 14, 2021 – Authorized staff to advertise and call for bids for the construction contract; and authorized the Contract Documents to include an early completion incentive. • February 25, 2021 – Ratified and confirmed the Interim City Manager’s execution and authorization to enter into necessary agreements for utility relocation; and authorized the expenditure of up to $400,000 for utility relocations. • March 11, 2021 – Awarded Contract No. C37040A to H & H General Contractors, Inc. of Highland, California for President’s Plaza East and West Improvements (Project No. 758-14) in the total amount of $7,123,393.00; and approved Amendment No. 2 to Contract C37040 with Dudek of La Quinta, California, for additional design and construction engineering support services in an amount not to exceed $55,975. • May 13, 2021 – Authorized City Manager to enter into necessary agreements for utility relocation; authorized the expenditure of up to $250,000 for utility relocations; and approved Amendment No. 3 to Contract C37040 with Dudek of La Quinta, California, for additional design services in an amount not to exceed $37,950. • August 26, 2021 - Authorize the additional expenditure of up to $572,240 for CVWD utility relocations. • December 16, 2021 – Appropriate additional budget of $500,000 from Unobligated General Funds; Allocate $465,000 for additional contingency budget to Contract C37040A; Approve Amendment No. 4 to Contract C37040 with Dudek of La Quinta, California, for additional design services not to exceed $35,000. Discussion On October 15, 2020, the City Council awarded Contract No. C37040B in the amount of $853,960 to Southstar Engineering, Inc. of Riverside, California for construction management and inspection services. During construction, the project has experienced numerous challenges stemming from previously unknown utility conflicts, unknown private septic systems, and utility construction delays stemming from delays in the supply chain related to COVID-19. To date, the project construction has discovered 17 septic tanks and cesspools, which has required their abandonment and connections to the public sewer system. The majority of the utility conflicts are associated with unrecorded, shallow infrastructure, identified during grading activities. Through November 30, 2021, construction management and inspection has cost approximately $768,000 leaving less than $87,000 remaining on the construction management contract. The project is currently projected to finish 43 working days past the original project scheduled completion date due to the aforementioned challenges. Page 362 January 13, 2022 - Staff Report Contract No. C37040B Contract Amendment No. 1 Page 3 of 4 The City requires the continued services of Southstar Engineering, Inc. through the project completion; therefore, staff is requesting a contract amendment in the amount of $350,000. With City Council’s authorization for additional construction funding on December 16, 2021, the current construction value of the project stands at $9,122,972. Staff’s request to increase the construction management and inspection contract by $350,000 will bring the total construction management and inspection contract to $1,203,960, which equates to 13% of the current construction cost. Industry standards typically range construction management costs at 10% to 15%. For reference, construction management and inspection for San Pablo Phase 1 was 13%; San Pablo Phase 2 was 15%; and CV Link was 10%. Fiscal Analysis In 2018, the total Project cost was estimated to be $8.6M. Since then, the Project has experienced design re-evaluations, re-designs and unexpected utility fees and conflicts which have resulted in additional costs for a total Project cost of $11,161,977. To date, all appropriated funding for the project from the Restricted Capital Project Fund 451 has been exhausted and no additional funds are available cover the requested amendment. Staff requests an appropriation of $350,000 from the Unobligated General Fund to Capital Project Fund 400 (including the associated transfers in/out) for additional construction management and inspections services given the project is currently projected to be completed 43 working days past the original planned completion date. As such, with approval of this action, a total of $450,000 will be expended from General Fund monies. The table below provides the original budget, and the various City Council actions and authorizations to date, including the additional appropriation of $350,000 as part of the requested action. ITEM AUTHORIZED AUTHORIZED BUDGET COST RESTRICTED CAPITAL PROJECT FUND 451 UNOBLIGATED GENERAL FUND Original Budget FY18/19 $8,000,000 $8,000,000 Additional Appropriation FY20/21 $740,000 $740,000 Professional Consulting Service Agreement C37040 05/10/2018 $606,120 $606,120 Amendment No. 1 to Agreement C37040 07/11/2019 $50,000 $50,000 Construction Management Services Agreement C37040B 10/15/2020 $853,960 $853,960 Authorize Utility Relocation Expenses 02/25/2021 $400,000 $400,000 Appropriation Authorized by 03/11/2021 $1,200,000 $1,200,000 Page 363 January 13, 2022 - Staff Report Contract No. C37040B Contract Amendment No. 1 Page 4 of 4 ITEM AUTHORIZED AUTHORIZED BUDGET COST RESTRICTED CAPITAL PROJECT FUND 451 UNOBLIGATED GENERAL FUND Council Construction Contract C37040A 03/11/2021 $7,123,393 $7,123,393 Construction Contingency 03/11/2021 $712,339 $712,339 Amendment No. 2 to Agreement C37040 03/11/2021 $55,975 $55,975 Additional Utility Relocation Expenses and Appropriation 05/13/2021 $250,000 $250,000 Amendment No. 3 to Agreement C37040 05/13/2021 $37,950 $37,950 Authorization of Additional Utility Relocation Expenses 08/26/2021 $572,240 $572,240 Authorize appropriation of funds for Anticipated Additional Utility Expenses 12/16/2021 $465,000 $400,000 $65,000 Amendment No. 4 to Agreement C37040 12/16/2021 $35,000 $35,000 Requested Amendment No. 1 to Agreement C37040B 01/13/2022 $350,000 $350,000 COST SUBTOTALS $11,061,977 $450,000 TOTAL $11,511,977 $11,511,977 1 Bolded amount is the subject of this request LEGAL REVIEW Approved as to Form DEPT. REVIEW FINANCIAL REVIEW ASSISTANT CITY MANAGER N/A Robert W. Hargreaves City Attorney Randy Bowman for Andy Firestine Assistant City Manager Janet M. Moore Janet M. Moore Director of Finance Andy Firestine Andy Firestine Assistant City Manager City Manager: L. Todd Hileman ATTACHMENT: 1. Contract Amendment No. 1 2. Vicinity Map Page 364 AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND SOUTHSTAR ENGINERING & CONSULTING, INC. Contract No. C37040B 1. Parties and Date. This Amendment No. 1 to the PROFESSIONAL SERVICES AGREEMENT is made and entered into as of this 13th day of January 2022, by and between the City of Palm Desert (“City”) and SOUTHSTAR ENGINERING & CONSULTING, INC., a CORPORATION with its principal place of business at 1945 CHICAGO AVENUE, UNIT C-2, RIVERSIDE, CALIFORNIA 92507 (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.” 2. Recitals. 2.1 Agreement. The City and Consultant have entered into an agreement entitled “Professional Services” dated October 15, 2020 (“Agreement” or “Contract”) for the purpose of retaining the services of Consultant to provide professional construction management, surveying and materials inspection for the Presidents Plaza East and West Parking Lot Improvements project. 2.2 Amendment. The City and Consultant desire to amend the Agreement to extend the term and for additional compensation. 2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 3.6.14 of the Agreement. 3. Terms. 3.1 Section 3.3.1 Compensation. Section 3.3.1 of the Agreement is hereby amended in its entirety to read as follows: 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed One Million Two Hundred Three Thousand Nine Hundred Sixty dollars ($1,203,960.00) without written approval of the City Council or City Manager, as applicable. 3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1. 3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1. 3.4 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5 Counterparts. This Amendment No. 1 may be executed in duplicate originals, each of Page 365 Contract No. C37040B Page 2 of 5 Revised 11-2-20 BBK 72500.00001\32445060.1 which is deemed to be an original, but when taken together shall constitute but one and the same instrument. [SIGNATURES ON FOLLOWING PAGE] Page 366 Contract No. C37040B Page 3 of 5 Revised 11-2-20 BBK 72500.00001\32445060.1 SIGNATURE PAGE FOR AMENDMENT NO. 1 TO THE ON-CALL SURVEYING AND CIVIL ENGINEERING PLAN REVIEW SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND SOUTHSTAR ENGINEERING & CONSULTING, INC. IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 1 to the PROFESSIONAL SERVICES AGREEMENT as of the day and year first above written. CITY OF PALM DESERT Approved By: JAN C. HARNIK Mayor Attested By: City Clerk Approved As To Form: By: Best Best & Krieger LLP City Attorney SOUTHSTAR ENGINEERING & CONSULTING, INC. Signature Name Title Signature Name Title Page 367 Contract No. C37040B Page 4 of 5 Revised 11-2-20 BBK 72500.00001\32445060.1 Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above Page 368 Contract No. C37040B Page 5 of 5 Revised 11-2-20 BBK 72500.00001\32445060.1 Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above Page 369 additional hours needed additional budget needed Resource/Key Staff Member ** Principal-In-Charge / Project Manager (Jason Bennecke, PE, MBA, PMP)178.00 46,102.00$ 259.00$ Resident Engineer / Construction Manager / Traffic Management (Amr Abuelhassan, PE,MS, QSD)178.00 46,102.00$ 259.00$ Assistant Resident Engineer / Utilities Coordinator / Office Engineer / As Needed Inspection - (Ezzat Kabbara) 160.00 35,200.00$ 169.00$ Lead Field Inspector - (Alfredo Del Toro)580.00 102,080.00$ 155.00$ Public Outreach - (Vanessa Barrientos) 934.00 120,486.00$ 129.00$ Electrical Inspection (DESI) - John Kannor 165.00$ As-Needed Construction Surveying (DEA 2-man Crew )299.00$ Materials Testing (Leighton)199.00$ Totals 2,030.00 349,970.00$ CITY OF PALM DESERT CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES - PRESIDENT'S PLAZA EAST AND WEST IMPROVEMENTS Hourly Rate** EXHIBIT "C" Page 370 EL PA SEO ALESSANDRO DR LA RREA ST PALM DESERT DR N ALESSANDRO DR SANLUISREYAVEPRICKLY PEAR LNLARREA STL A R K SP U R L N ALESSANDRO DR PORTOLAAVELARKSPURLNALESSANDRO DR PALM DESERT DR S PALM DESERT DR N PORTOLAAVEALESSANDRO DR PALM DESERT DR N PALM DESERT DR S ALESSANDRO DR EL PA SEO ALESSANDRO DR EL PASEO SANLUISREYAVEPORTOLAAVESANLUISREYAVESAN LUIS REY AVEHWY 111 HWY 111 President's Plaza East & West EL PA SEO ALESSANDRO DR LA RREA ST PALM DESERT DR N ALESSANDRO DR SANLUISREYAVEPRICKLY PEAR LNLARREA STL A R K SP U R L N ALESSANDRO DR PORTOLAAVELARKSPURLNALESSANDRO DR PALM DESERT DR S PALM DESERT DR N PORTOLAAVEALESSANDRO DR PALM DESERT DR N PALM DESERT DR S ALESSANDRO DR EL PA SEO ALESSANDRO DR EL PASEO SANLUISREYAVEPORTOLAAVESANLUISREYAVESAN LUIS REY AVEHWY 111 HWY 111 I EAST VICINITY MAP WEST Page 371 [This page has intentionally been left blank.] Page 372 STAFF REPORT CITY OF PALM DESERT CITY COUNCIL DEPARTMENT MEETING DATE: January 13, 2022 PREPARED BY: Niamh M. Ortega, Deputy City Clerk REQUEST: Approval of the 2022 City Council Liaison Assignments Recommendation By Minute Motion, approve the 2022 City Council Liaison Assignments as proposed, or as may be modified during discussion at the meeting. Strategic Plan This request represents routine administrative business of the City. Although there is no specific Strategic Plan objective to associate with this item, it provides the City Council and the public with advance notice of liaisons to committees of interest to the community as well as information filed with the Fair Political Practices Commission relative to Councilmember stipends earned from outside appointments. Background Analysis The City of Palm Desert has formed a wide variety of committees and commissions over the years to act as advisory committees to the City Council. These committees enlist the expertise and guidance of many Palm Desert residents and community volunteers, and members of the City Council are appointed by the Mayor to serve as liaisons, working together towards a common goal. The 2022 City Council Liaison Assignments List was developed by the Mayor in consultation with her colleagues. In order to accommodate Councilmembers’ busy schedules, there is an allowance for Primary Attendee(s) to designate additional Councilmember alternates to attend various standing meetings on a case-by-case basis when both Primary Attendee(s) and Alternate(s) are unavailable. Committee and commission meetings have been conducted in a virtual setting through Zoom for much of the past year. Addressed in another staff report on the January 13, 2022 Council meeting agenda, it is staff’s recommendation that these meetings continue virtually and be reassessed at a later time both with respect to the current public health conditions and available options with the pending technology upgrades to the Administrative Conference Room and the remodel of the Council Chambers. Page 373 January 13, 2022 - Staff Report Approval of 2022 City Council Liaison Assignments Page 2 of 2 Additionally, provided for your reference is a copy of the current (as of January 28, 2021) Fair Political Practices Commission’s (FPPC) Form 806 – Agency Report of Public Official Appointments, directly related to this annual action. The form, required by the FPPC since 2012, and posted on the City website under the City Clerk Department subpage Public Official Appointments, provides the public with information about stipends paid to public officials for their service on other local and regional boards beyond what is provided as an elected Palm Desert City Councilmember. Posting it, in lieu of Councilmembers abstaining from the vote on specific appointments to these stipend-paying bodies, has been the City’s practice since the rule was imposed nine years ago. Once action is taken to approve the City Council Liaison Assignments Roster, the City Clerk’s Office will update the FPPC Form 806 and post it to the City website accordingly. Fiscal Analysis There is no fiscal impact associated with this action. LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW ASSISTANT CITY MANAGER N/A Robert W. Hargreaves City Attorney HH Heather Horning Assistant to City Mgr N/A Janet M. Moore Director of Finance Andy Firestine Andrew Firestine Assistant City Manager City Manager L. Todd Hileman: L. Todd Hileman ATTACHMENTS: Proposed 2022 City Council Liaison Assignments & Calendaring List Fair Political Practices Commission Form 806 – January 28, 2021 Page 374 2022 Council Liaison Assignments GROUP ATTENDEE(S)ALTERNATE(S)MEETING DAY/TIME/LOCATION NOTES Affordable Housing Policy Subcommittee Harnik, Kelly As needed Ad Hoc Annexation Committee (Mayor & MPT)Harnik, Jonathan Councilmembers As needed C V B Board (Greater Palm Springs CVB)Harnik Nestande/Councilmembers 3rd Friday - 8:00 a.m. Form 806 C V W D Water Issues 2x2 Committee (“H202")Kelly, Nestande Councilmembers As scheduled Ad Hoc California Joint Powers Ins. Authority Kelly Risk Mgr/City Treas/ Councilmembers 4th Wed. - 5:30 p.m., CJPIA Ofc., LaPalma Form 806 Cannabis Regulation Subcommittee Harnik, Jonathan As scheduled Ad Hoc Chamber of Commerce Bd. of Directors Nestande Kelly/Councilmembers 4th Tuesday - 7:30 a.m., Chamber Ofc. Children’s Discovery Museum of the Desert Quintanilla Kelly/Councilmembers 4th Tuesday - 4:00 p.m. City Selection Committee Mayor As needed Coachella Valley Animal Campus Quintanilla Kelly/Councilmembers Quarterly 1st Thursday - 9:30 a.m. Coachella Valley Economic Partnership Bd. of Dir. (CVEP)Harnik Nestande/Councilmembers 3rd Wednesday - 8:00 a.m. Coachella Valley Mountains Conservancy Kelly Jonathan/Councilmembers Bimonthly 2nd Monday - 3:00 p.m. Committees/Commissions Subcommittee Harnik, Kelly As needed Ad Hoc Cove Communities Public Safety Cmssn. (2-Cncl.)Nestande, Kelly Quintanilla/Councilmembers As scheduled Cultural Arts Committee (formerly AIPP)Quintanilla Nestande/Councilmembers 2nd Wednesday - 9:00 a.m., DSCR Cultural Resources Preservation Committee Quintanilla Last Tuesday - 9:00 a.m. CVAG Energy & Environmental Resources Committee Nestande Jonathan/Councilmembers 2nd Thursday - 12:00 p.m.Form 806 CVAG Executive Committee (Mayor or Designee)Kelly Harnik Last Monday - 4:30 p.m. (Gen. Assy. 6/2022)Form 806 CVAG Homelessness Committee Jonathan Kelly/Councilmembers 3rd Wednesday - 10:00 a.m.Form 806 CVAG Personnel Committee (if applicable)Kelly As needed - Last Monday Form 806 CVAG Public Safety Committee Quintanilla Jonathan/Councilmembers 2nd Monday - 9:00 a.m.Form 806 CVAG Transportation Committee Harnik Kelly/Councilmembers 2nd Monday - 11:00 a.m.Form 806 CVAG-Coachella Valley Conservation Commission Kelly Nestande/Councilmembers 2nd Thursday - 11:00 a.m. Form 806 Desert Community Energy Board Jonathan Kelly 3rd Monday - CVAG Office - 2:30 p.m. Desert Library Zone Committee Nestande As needed Desert Willow President’s Committee Jonathan Kelly/Councilmembers 3rd Tuesday - 10:00 a.m. Desert Willow Resident Advisory Task Force Kelly As scheduled Ad Hoc Economic Development Advisory Committee Jonathan, Kelly Nestande/Councilmembers As needed Ad Hoc El Paseo Business Improvement District Board Harnik Nestande/Councilmembers 3rd Thursday - 8:00 a.m., ACR Finance Committee (Palm Desert) (Mayor & MPT)Harnik, Jonathan Councilmembers Bimonthly 4th Tuesday - 10:00 a.m., NWCR General Plan Working Group Harnik, Jonathan Nestande As scheduled Ad Hoc Historical Society (Palm Desert) Kelly Nestande 3rd Tuesday - 5:30 p.m. Homelessness Taskforce Subcommittee Jonathan, Quintanilla As needed Ad Hoc Housing Commission (Palm Desert) Kelly Quintanilla/Councilmembers 1st Wednesday - 3:30 p.m., NWCR Jacqueline Cochran Regnl Airport Auth. [Thermal]Harnik Jonathan/Councilmembers Quarterly Form 806 Page 1 of 2 Page 375 2022 Council Liaison Assignments GROUP ATTENDEE(S)ALTERNATE(S)MEETING DAY/TIME/LOCATION NOTES Joslyn Center Board of Directors Liaison Kelly Harnik/Councilmembers 4th Tuesday - 4:00 p.m. League of California Cities Annual Conf. - Voting Delegate & Alternate Kelly Harnik Sept 21 - 24, 2021 Legis.Review Cmte. (PD) (Mayor & MPT)Harnik, Jonathan Fri. (As needed)-10:30 a.m., C/M Ofc Living Desert Board of Trustees Advisory Council (+Mayor as rotating position)Jonathan/Harnik Kelly/Councilmembers 4th Friday - 12:00 p.m. - 3 meetings/year - January, April, November Marketing Committee (Palm Desert) Harnik, Nestande Jonathan/Councilmembers Bimonthly-1st Tues. - 3:00 p.m., ACR McCallum Theatre Board Harnik Jonathan 3rd Monday - 9:30 a.m. McCallum Theatre Education Policy Committee Quintanilla Jan, March May, 3pm - 4:30pm Outside Agency Fundg. Cmte.(PD) (Mayor & MPT)Harnik, Jonathan As needed Palm Desert Recreational Facils. Corp.Nestande, Kelly 2nd Monday in June, C/M Office Palm Desert Sister Cities Foundation Kelly Nestande/Councilmembers Monthly - 1st Tues. - 3:00 p.m., NWCR Palm Desert-Rancho Mirage Corridor (Mayor & MPT)Harnik, Jonathan As needed Palm Springs Art Museum Board Harnik Kelly/Councilmembers 2nd Friday - 1:15 p.m. Parks & Recreation Commission (Palm Desert)Jonathan Nestande/Councilmembers 1st Tuesday - 8:30 a.m., ACR Public Safety Commission (Palm Desert)Jonathan Quintanilla/Councilmembers 2nd Wednesday - 3:30 p.m., ACR Regional Access Project (RAP) Foundation Board Quintanilla 4th Wednesday - 9:00 a.m.Form 806 Resource Preservation and Enhancement Committee Harnik Nestande/Councilmembers Quarterly – 3:00 p.m., ACR Retail Subcommittee (Palm Desert)Jonathan Harnik As needed Ad Hoc Riverside Co. Palm Desert Financing Authority (Mayor)Harnik 2nd Monday - 10:00 a.m., NWCR Riverside County Overlay Zone Kelly Jonathan As needed Riverside County Transportation Commissn Harnik Kelly/Councilmembers 2nd Wednesday - 9:30 a.m.Form 806 Santa Rosa & San Jacinto Mtns. Natl. Monmt. Cmte.Kelly As needed SCAG (So. Cal. Assn. of Govts.) Gen. Assy. Deleg. Kelly Nestande Regional Conf. & Gen. Assy. Short-Term Rental Subcommittee Kelly, Jonathan As needed (To be determined)Ad Hoc SMART (Social Media and Related Technologies)Jonathan, Quintanilla As needed SunLine Transit Agency Board Kelly Harnik/Councilmembers 4th Wednesday - 12:00 p.m.Form 806 Two x Two Comm - North Area Sphere of Influence (PD Cncl & Cathedral City Cncl)Nestande, Jonathan As needed Ad Hoc Two x Two Committee (City Council & CVWD)Nestande, Kelly As needed Ad Hoc Two x Two Committee (City Council & DSUSD Board)Nestande, Quintanilla Harnik/Councilmembers As needed Ad Hoc University Planning and Development Committee Harnik, Nestande Quintanilla Quarterly Utility Undergrounding Harnik, Jonathan As needed Ad Hoc Y M C A Board Liaison (Ex-Officio)Kelly Harnik 3rd Thursday - 4:00 p.m. @ the YMCA Where "Councilmember" is noted as an Alternate option, Primary Attendee(s) may designate another Councilmember Alternate on a case-by-base basis throughout the year Page 2 of 2 Page 376 Page 377 Page 378 Page 379 Page 380 Page 381 Page 382 STAFF REPORT CITY OF PALM DESERT DEVELOPMENT SERVICES DEPARTMENT MEETING DATE: January 13, 2022 PREPARED BY: Deborah S. Glickman, Business Advocate REQUEST: Appoint two (2) City Councilmembers to the Palm Desert iHUB Advisory Board. ________________________________________________________________________ Recommendation By Minute Motion, appoint two (2) City Councilmembers to the Palm Desert iHUB Advisory Board. Strategic Plan Objective The Palm Desert iHUB (PD iHUB) aligns with the City’s Envision Palm Desert Strategic Plan, Priority 1: Expand job and business creation opportunities. The iHUB also aligns with the 2018 Economic Development Strategic Plan, High Priority Initiative: Entrepreneur Development/Business Incubation Program. Executive Summary The City of Palm Desert has contracted with the Coachella Valley Economic Partnership (CVEP) to manage the PD iHUB (Contract No. C37370), including program development, facilities management, and client selection. The PD iHUB contract requires that CVEP assemble an Advisory Board to establish programs and provide oversite for the PD iHUB. With this staff report, staff is seeking the appointment of two (2) City Councilmembers to the PD iHUB the Advisory Board. Discussion In accordance with the contract, the seven (7) member PD iHUB Advisory board shall be comprised of the following: •Two (2) elected members from the City of Palm Desert •One (1) designee from the CSU San Bernardino Palm Desert Campus (CSUSB) •One (1) CVEP representative •Three (3) representatives from the private sector Page 383 January 13, 2022 – Staff Report PD iHUB Advisory Board Page 2 of 2 CVEP is responsible for working with CSUSB to determine its representative and seeking the private sector Advisory Board representatives. Private sector representatives must have entrepreneurial and technology experience relevant to the targeted sectors, represent area higher education institutions, and include economic development professionals. The purpose of the Advisory Board is to establish policy guidelines for the PD iHUB programs and generate awareness and understanding of the programs as an important economic development tool for Palm Desert and the Coachella Valley. Fiscal Analysis There is no fiscal impact. LEGAL REVIEW DEPT. REVIEW DEPT. REVIEW FINANCIAL REVIEW ASSISTANT CITY MANAGER N/A Robert W. Hargreaves City Attorney Eric Ceja Eric Ceja, Deputy Dir. of Development Services Martin Alvarez Martin Alvarez, Dir. of Development Services N/A Janet Moore Director of Finance Andy Firestine Andy Firestine Assistant City Manager City Manager: L. Todd Hileman: : L. Todd Hileman Page 384 STAFF REPORT CITY OF PALM DESERT DEVELOPMENT SERVICES DEPARTMENT DATE: January 13, 2022 PREPARED BY: Eric Ceja, Deputy Director of Development Services REQUEST: Request for direction for a “Bicycle Rack Incentive Program” for private commercial properties. Recommendation By Minute Motion, provide City staff: 1.Provide direction for a “Palm Desert Bicycle Rack Incentive Program” for private commercial properties. 2.Provide staff direction on a maximum price per bicycle rack and bicycle rack design options. Strategic Plan •Land Use, Housing & Open Space – Priority 1: “Enhance Palm Desert as a first- class destination for premier shopping and national retail businesses.” •Land Use, Housing & Open Space – Priority 5: “Utilize progressive land use policies and standards to support ongoing and future needs.” •Parks and Recreation – Priority 3: “Make recreational and exercise opportunities pervasive in all public spaces.” •Transportation – Priority 1: “Create walkable neighborhoods and areas within Palm Desert that would include residential, retail, services and employment centers, and parks, recreation and open space to reduce the use of low occupancy vehicles.” •Transportation – Priority 3: “De-emphasize the use of single/low occupancy vehicles and optimize multiple modes of travel (bus, carpool, golf cart, bicycle and pedestrian).” Background Analysis The City of Palm Desert has historically supported the use of non-motorized modes of travel, including the creation of golf cart lanes, and the installation of more than 46 miles of striped bicycle lanes on City streets. The City also completed more than three miles Page 385 January 13, 2022– Staff Report Bike Rack Incentive Program Page 2 of 3 \\srv-everyone\everyone\Staff Reports - Shared 2\Staff Reports 2022-0113\5 - Norma - 2022-0113\20 Bike Rack Program\01 CC SR - Bike Rack Incentive Program.doc of the CVLink project; a class I regional multi-model system connecting Palm Springs- Palm Desert-Coachella. The City is currently working on a bicycle and pedestrian gap analysis to identify missing links in existing bicycle and pedestrian infrastructure and to identify areas for future expansion of said infrastructure. To reinforce existing and proposed bicycle infrastructure the City must also look beyond routes, implement safe designs, and plan for adequate bicycle parking in high use areas. Based on community input the City now desires to establish a “Bicycle Rack Incentive Program” to provide bicycle racks on private property. Proposed Bicycle Rack Incentive Program The program proposes to identify willing commercial property owners and management firms for installation of bicycle racks on their property. In concurrence with the property owners, the City will purchase bicycle racks and install them at an agreed upon location within the commercial property. The City and owners will enter into an agreement requiring the property owner to maintain the new facility for a period of 10-years. Staff recommends prioritizing larger commercial centers located along Highway 111 and other areas in proximity to CVLink, existing bicycle infrastructure, and future bicycle facility improvements. Staff has identified a number of vendors to procure bicycle racks with each rack priced between $400 - $1,000. Since costs and design options are varied, staff requests City Council direction on a cost maximum per rack and identify three (3) bicycle rack options from the list provided and attached to this report. This program is eligible for funds through the AB 2766 administered by the Air Quality Management District (AQMD). Per AQMD’s published “Subvention Fund Program Resource Guide” AB 2766 funds can be used to promote and facilitate the increased use of non-motorized travel including installation of bicycle racks, lockers, and bike storage. Staff has identified that $20,000 from the fund could be allocated to this program. Staff will come back to City Council should the program require additional funding to at budget time. Proposed Schedule With confirmation of the program contents staff anticipates the following implementation schedule: • January 2022 – confirmation of program and outreach to property owners within priority areas. • February 2022 – City Council formal adoption of the “Palm Desert Bicycle Rack Incentive Program” Page 386 January 13, 2022– Staff Report Bike Rack Incentive Program Page 3 of 3 \\srv-everyone\everyone\Staff Reports - Shared 2\Staff Reports 2022-0113\5 - Norma - 2022-0113\20 Bike Rack Program\01 CC SR - Bike Rack Incentive Program.doc • February 2022 – Staff to work with interested property owners to identify appropriate locations, identify facility needs, and complete “agreement.” • March 2022 – Expand program beyond property areas to other commercial and private property within the City. • April 2022 – Installation of new bicycle parking in accordance with the signed agreement. Assuming interest in the program is robust, the City can maintain the incentive program so long as monies are available to support the purchase and installation of bicycle parking infrastructure. Fiscal Analysis Funding for this program is available through the Air Quality Management District (Acct. No. 2384515-4400100) and $20,000 will be appropriated to the AQMD expense account (Account No. 2384515-4400100). There is no fiscal impact to the General Fund related to the staff’s proposal. LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW ASSISTANT CITY MANAGER N/A Robert W. Hargreaves City Attorney Martin Alvarez Martin Alvarez, Director of Development Services Janet M. Moore Janet Moore Director of Finance Andy Firestine Andy Firestine Assistant City Manager City Manager L. Todd Hileman: L. 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Minneapolis, MN 55429 (888)337-6729 Privacy - Terms PRODUCTS RESOURCES CONTACT US GET QUOTE Search • Page 404 STAFF REPORT CITY OF PALM DESERT CITY MANAGER’S OFFICE MEETING DATE: January 13, 2022 PREPARED BY: Andrew Firestine, Assistant City Manager REQUEST: Direction on the Meeting Format for Committee, Commission, and Council Meetings _________________________________________________________________________ Recommendation By minute motion, provide staff with direction to continue committee, commission, and Council meetings as virtual meetings under the provisions of AB 361 with additional direction to continue to evaluate public health data and available options with the pending technology upgrades to the Administrative Conference Room and the remodel of the Council Chambers. Background Analysis City Council last considered the meeting format for committee, commission, and Council meetings on May 27, 2021, as the City was implementing its reopening strategy and considering additional changes as the State was progressing towards the June 15, 2021, date and the elimination of the color tier system and many of the State’s COVID-19 restrictions. The staff report identified that after June 15, 2021, committee, commission, and Council meetings may resume in person. It was the staff recommendation that those meetings continue virtually until August 26, 2021, at the earliest, with acknowledgement that the renovation of the Council Chambers would impact the ability to use that meeting space. The legal landscape has evolved since that meeting with the passage of AB 361, a bill that allows for the Council and the City’s committees and commissions to continue to meet virtually when certain findings are made. Starting with the October 14, 2021, Council meeting, the Council has made those findings on a monthly basis. In September 2021, staff began evaluating options to accommodate hybrid meetings that allowed for both in person and virtual attendance and participation. The tables in the Administrative Conference Room were replaced with modular tables and equipment was ordered, including cameras, microphones, video encoders, and other technology to support meetings in the room. Supply chain constraints have delayed the deployment of Page 405 January 13, 2022 - Staff Report Direction on the Meeting Format for Committee, Commission, and Council Meetings Page 2 of 2 this option. As of the date of this staff report, the core components have been delivered and installation is expected to occur within the next 45 to 60 days. On November 18, 2021, the Council awarded the construction contract for the Council Chambers remodel. The project is currently expected to be issued a Notice to Proceed in January 2022 with construction going through April 2022 based on the current schedule. Separate from the committee, commission, and Council meetings, staff has also considered the meeting format for other public meetings, including the census redistricting process. As an example of how the needs of other meetings are being met, the census redistricting community engagement plan includes a mix of in person and virtual meetings with Engage Palm Desert serving as a central repository for all information related to the census redistricting. With the recent surge in the COVID-19 cases, staff recommends that committee, commission, and Council meetings continue as virtual meetings, which can be supported so long as Council continues to make the necessary findings under AB 361 on a monthly basis. Staff recommends that the meeting format of other public meetings be evaluated on an individualized basis. Staff further recommends that this be reevaluated as work in the Administrative Conference Room enables hybrid meetings and as the Council Chambers remodel commences and there is a clear schedule for its completion. This will also permit the further evaluation of public health data. Fiscal Analysis There is no anticipated fiscal impact. LEGAL REVIEW Approved as to Form DEPT. REVIEW FINANCIAL REVIEW ASSISTANT CITY MANAGER n/a Robert W. Hargreaves City Attorney n/a n/a Janet M. Moore Director of Finance Andy Firestine Andy Firestine Assistant City Manager City Manager, L. Todd Hileman: L. Todd Hileman Page 406 \\Srv-Everyone\Everyone\Staff Reports - Shared 2\Staff Reports 2022-0113\5 - Norma - 2022-0113\22 Ord 1375 ZOA 21-0002 - Community Engagement\01 Staff Report - Community Engagement ZOA CC.Docx STAFF REPORT CITY OF PALM DESERT DEVELOPMENT SERVICES DEPARTMENT MEETING DATE: January 13, 2022 PREPARED BY: Rosie Lua, Principal Planner REQUEST: Consideration of approval to the City Council for Zoning Ordinance Amendment 21-0002 to amend the Palm Desert Municipal Code, Chapter 25, modifying Section 25.60.60 (Public Hearing and Public Notice), adding Section 25.60.160 “Community Engagement,” and Chapter 5, Section 5.11 “Disclosures Upon Transfer of Residential Property” regulating the public engagement process. Recommendation Waive further reading and pass to second reading City Council Ordinance No. ____, approving Zoning Ordinance Amendment 21-0002 to amend the Palm Desert Municipal Code, Chapter 25, modifying Section 25.60.60 (Public Hearing and Public Notice), adding Section 25.60.160 “Community Engagement,” and Chapter 5, Section 5.11 “Disclosures Upon Transfer of Residential Property” regulating the public engagement process. Planning Commission Recommendation On December 21, 2021, the Planning Commission considered the Zoning Ordinance Amendment (ZOA) 21-0002 to modify the Palm Desert Municipal Code (PDMC) Section 25.60.60 and adding Section 25.60.160 “Community Engagement” for projects of 5 acres or more regulating the public engagement process and adding Section 5.11 “Disclosures Upon Transfer of Residential Property.” Planning Commission approved Resolution No. 2803 recommending to the City Council approval by vote 4-0, 1 absent with the recommendation to clarify Section 5.11 to require only new developments to include the requirement of transfer disclosures instead of “any single-family residential property” as stated in the draft ordinance. Strategic Plan •Land Use, Housing & Open Space – Priority 2: “Facilitate development of high-quality housing for people of all income levels.” •Land Use, Housing & Open Space – Priority 5: “Utilize progressive land use policies and standards to support ongoing and future needs.” Background Analysis On July 8, 2021, City Council adopted Resolution No. 2021-50 by unanimous vote, Page 407 January 13, 2022 –Staff Report Case No. ZOA 21-0002 Community Engagement Page 2 of 5 acknowledging that public participation early in the planning and development process leads to better outcomes in addressing community concerns. In the passing of the resolution, the Council directed staff to proceed with a ZOA to provide regulations increasing public notification beyond the City’s typical 300-feet as required by the current PDMC to 1,000 feet radius for new projects of five (5) acres or more. In addition, developments of five (5) acres or more are required to submit a Community Engagement Plan, detailing the developer’s engagement with the public as a requirement of the entitlement application. Finally, a requirement for any single family residential property transfer of property disclosures of long- range planning efforts and potential future development identified in the City’s General Plan, Zoning, and Housing Element. The Community Engagement’s intended purpose is to provide the following: • City staff and developers to engage the surrounding community early in the process to ensure potential community concerns are heard and addressed. • City support to increase the public mailing notification of certain development projects to a broader audience. • Larger development projects, particularly those that are five (5) acres or more, benefit from greater public participation and community support. • Public notification for projects that are five (5) acres or more to be increased from 300 feet to 1,000 feet to achieve the above-referenced statements. • As part of the planning application and review process, developers to submit a “community engagement plan” to be reviewed and approved by City staff to ensure adequate community engagement efforts are achieved. • Homebuyers should receive sufficient notification through closing documents of long- range planning efforts and potential future development identified in the City’s General Plan, Zoning, and Housing Element. Discussion To implement the various standards and regulations as listed above, the following are the proposed ordinances recommended to City Council: 1) Modify Section 25.60.060 (Public Hearing and Public Notice) of Title 25 of the PDMC as follows: Section 25.60.060 (2)(a): Projects of five (5) acres or more in size shall notify property owners within 1,000 feet of the exterior boundaries of the property involved in the application to ensure adequate community engagement efforts are achieved pursuant to requirements in Section 25.60.160. Page 408 January 13, 2022 –Staff Report Case No. ZOA 21-0002 Community Engagement Page 3 of 5 2) Add Section 25.60.160 (Community Engagement) of Title 25 of the PDMC as follows: 25.60.160 Community Engagement Intent and purpose. It is the intent of this chapter to relate the provisions of this title and all other applicable projects to the appropriate City provisions that have been adopted to comply with the Community Engagement Plan’s intended purpose of requiring developers to present and engage in a public outreach meeting early in the entitlement process of new projects of 5 acres or more and address concerns of the public prior to an approval. Scope of regulations. This chapter shall be applied to establish policies related to Community Engagement. Requirements related to Community Engagement for new projects are as follow: A. Developers shall prepare and submit a Community Engagement Plan to the Planning/Land Development Division at the time of entitlement application. B. Meet the public notification requirements of Section 25.60.060. C. The Community Engagement Plan must contain the following: 1. Developer shall provide method(s) of communication with the public, including proposed location(s) where public outreach will take place. 2. Submit any written publications distributed to the public including any informational items of the project. 3. A minimum of one (1) meeting with the public is required, follow-up meetings may be required as requested by the Director of Development Services. 4. Developer shall provide written responses addressing each public concern to be submitted to staff and documented for the public record. 5. The Director of Development Services may require the developer to provide additional plans or studies including, but not limited to, line of sights, photometric plans, massing studies, three-dimensional plans, and any other studies that may be deemed relevant for the project’s engagement with the public. D. The developer shall coordinate with staff for the notification of community meetings with property owners within 1,000 feet of the proposed project. E. Staff is to be present at the meeting(s) to observe and summarize concerns and developer’s responses in the final staff report(s). F. The entitlements will include a condition of approval on any single-family residential property, the developer will disclose, as part of any closing documents, the City’s General Plan Land Use, Circulation, and Housing Elements adjacent to Page 409 January 13, 2022 –Staff Report Case No. ZOA 21-0002 Community Engagement Page 4 of 5 their project. Refer to PDMC Section 5.11.010 “Disclosures Upon Transfer of Residential Property” for requirements. 3) Add Section 5.11 (Disclosures Upon Transfer of Residential Property) in Title 5 of the PDMC The Planning Commission’s motion recommends requiring only new developments to include the requirement of transfer disclosures instead of “any single-family residential property” as stated in the draft ordinance. The draft ordinance proposal under consideration today differs due to limitations identified by the City Attorney’s Office (i.e. difficult to enforce and define). Thus, by expanding the disclosure requirement resale of homes in older subdivisions may benefit from awareness of likely development in the vicinity. Therefore, the ordinance as drafted in this recommendation of Section 5.11 (Disclosures Upon Transfer of Residential Property) states that a seller of any single-family residential property located within the City to deliver to the prospective buyer a real estate transfer disclosure statement pursuant to Civil Code Section 1102.6a. General Plan The General Plan promotes goals and policies to ensure new projects are compatible with the surrounding developments, as well as encourages public participation in this process. Land Use and Community Character Policy 1.1 (Scale of development) promotes the City’s corridors to use design techniques to a moderate height and use and ensure compatible fit with surrounding development. If approved, this ZOA, which requires certain new developments (five acres or more) to allow the public to express concerns early in the inception of the project. In addition, providing disclosures upon the transfer of a residential property allows the property owner to be informed of future potential development adjacent to their property. Therefore, this civic engagement and disclosures will support the City’s goal in meeting the intent of the General Plan. Public Input Public noticing was conducted in accordance with State law. A public hearing notice was published on January 2, 2022, in The Desert Sun. To date, the Development Services Department has received no letters in opposition to or in favor of the proposed ordinance amendment. Environmental Review The proposal to amend the Zoning Ordinance is not a project as defined in the California Environmental Quality Act (CEQA) Public Resource Code (Pub. Resources Code, § 21000 et seq.) and the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) that this action will not have an impact on the environment. Page 410 January 13, 2022 –Staff Report Case No. ZOA 21-0002 Community Engagement Page 5 of 5 Findings of Approval Findings can be made in support of the amendment and in accordance with the City’s Municipal Code. Findings in support of this ZOA are contained in the Ordinance No. ___, attached to this staff report. LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW ASSISTANT CITY MANAGER RWH Robert W. Hargreaves City Attorney Martin Alvarez Martin Alvarez, Dir. of Development Services N/A Janet Moore Director of Finance Andy Firestine Andy Firestine Assistant City Manager City Manager L. Todd Hileman: L. Todd Hileman ATTACHMENTS: 1. Draft City Council Ordinance No. _____ 2. Planning Commission Resolution No. 2803 3. Planning Commission Draft Minutes of December 21, 2021 4. City Council Public Hearing Notice 5. City Council Adopted Resolution No. 2021-50 Page 411 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PALM DESERT MUNICIPAL CODE, CHAPTER 25, MODIFYING SECTION 25.60.60 (PUBLIC HEARING AND PUBLIC NOTICE), ADDING SECTION 25.60.160 “COMMUNITY ENGAGEMENT,” AND CHAPTER 5, SECTION 5.11 “DISCLOSURES UPON TRANSFER OF RESIDENTIAL PROPERTY” REGULATING THE PUBLIC ENGAGEMENT PROCESS AND APPLY SAID REGULATIONS CASE NO: ZOA 21-0002 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 21st day of December 2021, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of the above-noted, and adopted Resolution No. 2803, recommending that the City Council adopt the Zoning Ordinance Amendment (ZOA) for said projects regulating the public engagement process; and WHEREAS, the ZOA expands public notification for projects five (5) acres or more to 1,000 feet radius by modifying Palm Desert Municipal Code (PDMC) Section 25.60.60 (Public Hearing and Public Notice) and implements a Community Engagement Plan requirement for developers by adding Section 25.60.160 (Community Engagement), and adding Section 5.11 (Disclosures Upon Transfer of Residential Property) requirement for any single-family residential property to include disclosures of long-range planning efforts and potential future development identified in the City’s General Plan, Zoning, and Housing Element; and WHEREAS, the City Council of the City of Palm Desert, did on the 13th day of January 2022, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of a ZOA, and has determined that the public engagement process is consistent with the City’s General Plan; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons exist to approve said request: SECTION 1. Adoption of Recitals. The City Council hereby adopts the foregoing recitals as its findings in support of the following regulations and further finds that the following regulations are beneficial and appropriate to protect the health, safety, and welfare of the residents and businesses of Palm Desert within the City limits. A. The City of Palm Desert, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and B. The Planning and Zoning Law authorizes cities to establish by ordinance the regulations for land use and development. SECTION 2. Amendment. The City Council of the City of Palm Desert, California, approve, and adopt the PDMC amendment to Section 25.60.60 (Public Hearing and Public Notice), adding Section 25.60.160 “Community Engagement,” and adding Section 5.11 Page 412 ORDINANCE NO. _____ 2 (Disclosures Upon Transfer of Residential Property), as shown in Exhibit A, which is attached hereto and incorporated herewith. SECTION 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that one (1) or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. SECTION 4. Publication. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in The Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and in effect thirty (30) days after its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 13th day of January 2022, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JAN C. HARNIK, MAYOR ATTEST: CITY CLERK CITY OF PALM DESERT, CALIFORNIA Page 413 ORDINANCE NO. ___ EXHIBIT A Zoning Ordinance Amendments 1. Amend Section 25.60.060 (Public Hearing and Public Notice) Title 25 (Zoning) as follows (red indicates changes/additions): B. Notice of hearing. Pursuant to California Government Code Sections 65090 to 65094, not less than 10 days before the scheduled date of a hearing, public notice shall be given of such hearing in the manner listed below. The notice shall state the date, time, and place of hearing, identify the hearing body, and provide a general description of the matter to be considered and the real property which is the subject of the hearing. 1. Notice of public hearing shall be published in at least one newspaper of general circulation in the City. 2. Except as otherwise provided herein, notice of the public hearing shall be mailed, postage prepaid, to the owners of property within a radius of 300 feet of the exterior boundaries of the property involved in the application, using for this purpose the last known name and address of such owners as shown upon the current tax assessor’s records. The radius may be increased as determined to be necessary and desirable by the Director based on the nature of the proposed project. If the number of owners exceeds 1,000, the City may, in lieu of mailed notice, provide notice by placing notice of at least one-eighth (1/8) page in one newspaper of general circulation within the City. a. Public notification for projects 5 acres or more projects shall be 1,000 feet for public notifications related to development projects and to ensure adequate community engagement efforts are achieved pursuant to requirements in Section 25.60.160. 2. Add Section 25.60.160 (Community Engagement) to Title 25 (Zoning) as follows: 25.60.160 Community Engagement Intent and purpose. It is the intent of this chapter to relate the provisions of this title and all other applicable projects to the appropriate City provisions that have been adopted to comply with the Community Engagement Plan’s intended purpose of requiring developers to present and engage in a public outreach meeting early in the entitlement process of new projects and address concerns of the public prior to an action of the approving body. Scope of regulations. This chapter shall be applied pursuant to the adopted “Resolution of the City Council of the City of Palm Desert Establishing Policies related to Community Engagement (Resolution No. 2021-50). Requirements related to Community Engagement for new projects are as follow: a) Developers to prepare and submit a Community Engagement Plan to the Planning/Land Development Division at the time of entitlement application. b) Meet the public notification requirements of Section 25.60.060. c) The Community Engagement Plan must contain the following: Page 414 ORDINANCE NO. ___ 1. Developer’s method (s) of communication with the public. Proposed location (s) of public outreach shall be provided; 2. Submit written publications distributed to the public that includes any informational items of the project; 3. A minimum of one (1) meeting with the public is required, follow up meetings may be required as requested by the Director of Development Services; 4. Developer shall provide written responses to staff on how each public concern will be addressed; 5. The Director of Development Services may require the developer to provide additional plans or studies including but not limited to line of sights, photometric plans, massing studies, three dimensional plans, and any other studies that may be deemed relevant for the project’s engagement with the public. d) The developer to coordinate with staff for the notification of community meetings with property owners within 1,000 feet of the proposed project. e) Staff is to be present at the meeting(s) as observers and summarize concerns and developer’s responses in the final staff report (s). f) The entitlements will include a condition of approval on residential and/or owner- occupied projects, the developer will disclose, as part of any closing documents, the City’s General Plan and Housing Elements adjacent to the project. 3. Add Section 5.11 “Disclosures Upon Transfer of Residential Property” to Title 5 (BUSINESS TAXES, LICENSES AND REGULATIONS) subsequently as follows: 5.11.010 Statement Required. A. Pursuant to Civil Code section 1102.6a, in addition to those disclosures required by Civil Code section 1102.6, the seller of any single-family residential property located within the City shall deliver to the prospective buyer a real estate transfer disclosure statement containing the following statement: “Know Your Neighborhood: The City of Palm Desert maintains a website that provides important information on potential development throughout the City. The City recommends that you visit the website as part of your consideration in buying a home in the City. The website can be accessed at https://www.cityofpalmdesert.org/departments/planning. Alternatively, you can call the City’s Development Services Department at (760) 346-0611, ext. 483.” B. The real estate transfer disclosure statement required by this chapter shall be delivered at the same time as those disclosures required by Civil Code section 1102.6 or as soon as practicable thereafter. C. For purposes of this section, 1. “City” means the City of Palm Desert, California. 2. “Single-family residential property” means either of the following: (a) real property improved with one to four dwelling units, including any leasehold exceeding one year's duration of such, (b) a unit in a residential stock cooperative, condominium, or planned unit development, or (c) a mobile home or manufactured home when offered for Page 415 ORDINANCE NO. ___ sale or sold through a real estate broker pursuant to Business and Professions Code section 10131.6. 3. “Seller” means a transferor in a real property transaction, and includes an owner who lists real property with a licensee, whether or not a transfer results, or who receives an offer to purchase real property of which he or she is the owner from a licensee on behalf of another. “Seller” includes both a vendor and lessor of real property. 4. “Buyer” means a transferee in a real property transaction, and includes a person who executes an offer to purchase real property from a seller through a licensee, whether or not a transfer results, or who seeks the services of a licensee in more than a casual, transitory, or preliminary manner, with the object of entering into a real property transaction. “Buyer” includes a purchaser, vendee, or lessee of real property 5.11.020 Form of Statement. The real estate transfer disclosure statement required by this chapter shall be in the following form in accordance with Civil Code section 1102.6a: LOCAL OPTION REAL ESTATE TRANSFER DISCLOSURE STATEMENT THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY SITUATED IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS _________________________________________. THIS STATEMENT IS A DISCLOSURE OF THE CONDITION OF THE ABOVE-DESCRIBED PROPERTY IN COMPLIANCE WITH ORDINANCE NO. _________ OF THE PALM DESERT CITY CODE AS OF ___________, 20___. IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER(S) OR REAL ESTATE LICENSEE(S) REPRESENTING ANY PRINCIPAL(S) IN THIS TRANSACTION, AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE PRINCIPAL(S) MAY WISH TO OBTAIN. I SELLER’S INFORMATION The Seller discloses the following information with the knowledge that even though this is not a warranty, prospective Buyers may rely on this information in deciding whether and on what terms to purchase the subject property. Seller hereby authorizes any real estate licensee(s) representing any principal(s) in this transaction to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the property. THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER(S) AS REQUIRED BY THE CITY OF PALM DESERT, AND ARE NOT THE REPRESENTATIONS OF THE REAL ESTATE LICENSEE(S), IF ANY. THIS INFORMATION IS A DISCLOSURE AND IS NOT INTENDED TO BE PART OF ANY CONTRACT BETWEEN THE BUYER AND SELLER. 1. Know Your Neighborhood: The City of Palm Desert maintains a website that provides important information on potential development throughout the City. The City recommends Page 416 ORDINANCE NO. ___ that you visit the website as part of your consideration in buying a home in the City. The website can be accessed at https://www.cityofpalmdesert.org/departments/planning. Alternatively, you can call the City’s Development Services Department at (760) 346-0611, ext. 483. Seller certifies that the information herein is true and correct to the best of the Seller's knowledge as of the date signed by the Seller. Seller ___________________________ Date ___________________________ Seller ___________________________ Date ___________________________ II BUYER(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE AND/OR INSPECTIONS OF THE PROPERTY AND TO PROVIDE FOR APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN BUYER AND SELLER(S) WITH RESPECT TO ANY ADVICE/INSPECTIONS/DEFECTS. I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS STATEMENT. Buyer __________________ Date ___________________________ Buyer __________________ Date ___________________________ A REAL ESTATE BROKER IS QUALIFIED TO ADVISE ON REAL ESTATE. IF YOU DESIRE LEGAL ADVICE, CONSULT YOUR ATTORNEY.” Page 417 PLANNING COMMISSION RESOLUTION NO. 2803 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONING ORDINANCE AMENDMENT TO MODIFY PALM DESERT MUNICIPAL CODE SECTION 25.60. 60 (PUBLIC HEARING AND PUBLIC NOTICE), ADD SECTION 25.60.160 "COMMUNITY ENGAGEMENT," AND ADD SECTION 5.11 DISCLOSURES UPON TRANSFER OF RESIDENTIAL PROPERTY" FOR SAID PROJECTS REGULATING THE PUBLIC ENGAGEMENT PROCESS, AND APPLY SAID REGULATIONS CASE NO: ZOA 21-0002 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 21 st day of December 2021, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of the above-noted; and WHEREAS, the Zoning Ordinance Amendment (ZOA) expands public notification for projects five (5) acres or more to 1,000 feet radius by modifying Palm Desert Municipal Code PDMC) Section 25.60. 60 (Public Hearing and Public Notice) and implements a Community Engagement Plan requirement for developers by adding Section 25.60.160 (Community Engagement) for projects five (5) acres or more, and adding Section 5.11 (Disclosures Upon Transfer of Residential Property) requirement for any single-family residential developers of five 5) acres or more to include disclosures of long-term planning efforts and potential future development identified in the City's General Plan, Zoning, and Housing Element; and WHEREAS, the Planning Commission of the City of Palm Desert, in reviewing all the facts and any testimony given, adopts the following as its Findings in recommended approval of the Zoning Ordinance Amendment to the City Council: SECTION 1. Findings.The Planning Commission of the City of Palm Desert hereby finds that: 1. The City of Palm Desert, California ("City") is a municipal corporation, duly organized under the constitution and laws of the State of California. 2. The City desires to amend its local regulatory scheme to implement an ordinance with specific requirement to increase public notification to 1,000 feet radius for projects five (5) acres or more and Community Engagement requirements for those projects. 3. The ZOA is consistent with the General Plan, which promotes goals and policies to ensure new projects are compatible with the surrounding developments as well as encourages public participation in this process. Pursuant to Land Use and Community Character Policy 1.1 (Scale of development), it promotes the City's corridors to use design techniques to a moderate height and use and ensure compatible fit with surrounding development. This ZOA allows public participation early in the inception of the project. Therefore, the civic engagement will support the City's goal in meeting the intent of the General Plan. Page 418 PLANNING COMMISSION RESOLUTION NO. 2803 4. The Planning Commission of the City of Palm Desert finds that the adoption of this ordinance has been analyzed for compliance with the California Environmental Quality Act (CEQA) pursuant to CEQA (Pub. Resources Code, § 21000 et seq.) CEQA") and the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) it has been determined that the amendments do not meet the definition of a project because the amendments do not have the potential to cause either a direct physical change or a reasonably foreseeable indirect physical change in the environment. The amendments prohibit types of allows for public engagement, which is consistent with the General Plan goals of ensuring the quality of life for the community. Because the amendments are not a project under CEQA, they are not subject to further environmental review. SECTION 2. Amendment. The Planning Commission of the City of Palm Desert recommends that the City Council of the City of Palm Desert, California, approve and adopt the PDMC amendment to Section 25.60.60 (Public Hearing and Public Notice), add Section 25.60.160 "Community Engagement," and add Section 5.11 (Disclosures Upon Transfer of Residential Property), as shown in Exhibit A, which is attached hereto and incorporated herewith. SECTION 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The Planning Commission hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that one (1) or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. NOW,THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: 1. That the above recitations are true and correct and constitute the findings for approval of the Planning Commission in this case. 2. That the Planning Commission does hereby recommend approval to the City Council of ZOA 21-0002. 2 Page 419 PLANNING COMMISSION RESOLUTION NO. 2803 PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 2111 day of December 2021, by the following vote, to wit: AYES: DE LUNA, GREENWOOD, HOLT, and PRADETTO NOES: NONE ABSENT: GREGORY ABSTAIN: NONE JC&N RE OOD, ATTEST: MARTIN ALVAREZ, SECRETARY PALM DESERT PLANNING COMMISSION 3 Page 420 PLANNING COMMISSION RESOLUTION NO. 2803 EXHIBIT A ZONING ORDINANCE AMENDMENTS 1. Amend Section 25.60.060 (Public Hearing and Public Notice) Title 25 (Zoning) as follows: A. Notice of hearing. Pursuant to California Government Code Sections 65090 to 65094, not less than 10 days before the scheduled date of a hearing, public notice shall be given of such hearing in the manner listed below. The notice shall state the date, time, and place of hearing, identify the hearing body, and provide a general description of the matter to be considered and the real property which is the subject of the hearing. 1. Notice of public hearing shall be published in at least one newspaper of general circulation in the City. 2. Except as otherwise provided herein, notice of the public hearing shall be mailed, postage prepaid, to the owners of property within a radius of 300 feet of the exterior boundaries of the property involved in the application, using for this purpose the last known name and address of such owners as shown upon the current tax assessor's records. The radius may be increased as determined to be necessary and desirable by the Director based on the nature of the proposed project. If the number of owners exceeds 1,000, the City may, in lieu of mailed notice, provide notice by placing notice of of least ono-eighth (1 fit) page in one newspaper of general circulation within the City. a. Public notification for projects five (5) acres or more projects shall be 1,000 feet for public notifications related to development projects and to ensure adequate community engagement efforts are achieved pursuant to requirements in Section 25. 60.160. 2. Add Section 25.60.160(Community Engagement) to Title 25(Zoning)as follows: 25.60.160 Community Engagement Intent and purpose. It is the intent of this chapter to relate the provisions of this title and all other applicable projects to the appropriate City provisions that have been adopted to comply with the Community Engagement Plan's intended purpose of requiring developers to present and engage in a public outreach meeting early in the entitlement process of new projects of five (5) acres or more and address concerns of the public prior to an approval. Scope of regulations. This chapter shall be applied to establish policies related to Community Engagement. Requirements related to Community Engagement for new projects are as follow: a) Developers shall prepare and submit a Community Engagement Plan to the Planning/Land Development Division at the time of entitlement application. b) Meet the public notification requirements of Section 25. 60.060. 4 Page 421 PLANNING COMMISSION RESOLUTION NO. 2803 c) The Community Engagement Plan must contain the following: 1. Developer shall provide method(s) of communication with the public, including proposed location(s) where public outreach will take place. 2. Submit any written publications distributed to the public including any informational items of the project. 3. A minimum of one (1) meeting with the public is required, follow-up meetings may be required as requested by the Director of Development Services. 4. Developer shall provide written responses addressing each public concern to be submitted to staff and documented for the public record. 5. The Director of Development Services may require the developer to provide additional plans or studies including, but not limited to, line of sights, photometric plans, massing studies, three-dimensional plans, and any other studies that may be deemed relevant for the project's engagement with the public. d) The developer shall coordinate with staff for the notification of community meetings with property owners within 1,000 feet of the proposed project. e) Staff is to be present at the meeting(s) to observe and summarize concerns and developer's responses in the final staff report(s). f) The entitlements will include a condition of approval on any new single-family residential developments of five (5) acres or more, the developer will disclose, as part of any closing documents, the City's General Plan Land Use, Circulation, and Housing Elements adjacent to their project. Refer to PDMC Section 5.11.010"Disclosures Upon Transfer of Residential Property"for requirements. 3. Add Section 5.11 "Disclosures Upon Transfer of Residential Property" to Title 5 BUSINESS TAXES, LICENSES AND REGULATIONS) subsequently as follows: 5.11.010 Statement Required. A. Pursuant to Civil Code section 1102. 6a, in addition to those disclosures required by Civil Code section 1102.6, the seller of any new single-family residential developments of five 5) acres or more located within the City shall deliver to the prospective buyer a real estate transfer disclosure statement containing the following statement: Know Your Neighborhood: The City of Palm Desert maintains a website that provides important information on potential development throughout the City. The City recommends that you visit the website as part of your consideration in buying a home in the City. The website can be accessed at www.cityofpalmdesert.org/departments/planning. Alternatively, you can call the City's Development Services Department at (760) 346-0611, Extension 483." 5 Page 422 PLANNING COMMISSION RESOLUTION NO. 2803 B. The real estate transfer disclosure statement required by this chapter shall be delivered at the same time as those disclosures required by Civil Code section 1102.6 or as soon as practicable thereafter. C. For purposes of this section, 1. "City" means the City of Palm Desert, California. 2. "Single-family residential property" means either of the following: (a) real property improved with one to four dwelling units, including any leasehold exceeding one year's duration of such, (b) a unit in a residential stock cooperative, condominium, or planned unit development, or (c) a mobile home or manufactured home when offered for sale or sold through a real estate broker pursuant to Business and Professions Code section 10131.6. 3. "Seller" means a transferor in a real property transaction, and includes an owner who lists real property with a licensee, whether or not a transfer results, or who receives an offer to purchase real property of which he or she is the owner from a licensee on behalf of another. "Seller" includes both a vendor and lessor of real property. 4. "Buyer" means a transferee in a real property transaction, and includes a person who executes an offer to purchase real property from a seller through a licensee, whether or not a transfer results, or who seeks the services of a licensee in more than a casual, transitory, or preliminary manner, with the object of entering into a real property transaction. "Buyer" includes a purchaser, vendee, or lessee of real property. 5.11.020 Form of Statement. The real estate transfer disclosure statement required by this chapter shall be in the following form in accordance with Civil Code section 1102.6a: LOCAL OPTION REAL ESTATE TRANSFER DISCLOSURE STATEMENT THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY SITUATED IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS THIS STATEMENT IS A DISCLOSURE OF THE CONDITION OF THE ABOVE-DESCRIBED PROPERTY IN COMPLIANCE WITH ORDINANCE NO. OF THE PALM DESERT CITY CODE AS OF 20 . IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER(S) OR REAL ESTATE LICENSEE(S) REPRESENTING ANY PRINCIPAL(S) IN THIS TRANSACTION, AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE PRINCIPAL(S) MAY WISH TO OBTAIN. 6 Page 423 PLANNING COMMISSION RESOLUTION NO. 2803 1 SELLER'S INFORMATION The Seller discloses the following information with the knowledge that even though this is not a warranty, prospective Buyers may rely on this information in deciding whether and on what terms to purchase the subject property. Seller hereby authorizes any real estate licensee(s) representing any principal(s) in this transaction to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the property. THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER(S) AS REQUIRED BY THE CITY OF PALM DESERT, AND ARE NOT THE REPRESENTATIONS OF THE REAL ESTATE LICENSEE(S), IF ANY. THIS INFORMATION IS A DISCLOSURE AND IS NOT INTENDED TO BE PART OF ANY CONTRACT BETWEEN THE BUYER AND SELLER. 1. Know Your Neighborhood: The City of Palm Desert maintains a website that provides important information on potential development throughout the City. The City recommends that you visit the website as part of your consideration in buying a home in the City. The website can be accessed at https://www.cityofpalmdesert.org/departments/planning. Alternatively, you can call the City's Development Services Department at (760) 346-0611, Extension 483. Seller certifies that the information herein is true and correct to the best of the Seller's knowledge as of the date signed by the Seller. Seller Date Seller Date I I BUYER(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE AND/OR INSPECTIONS OF THE PROPERTY AND TO PROVIDE FOR APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN BUYER AND SELLER(S) WITH RESPECT TO ANY ADVICE/INSPECTIONS/DEFECTS. I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS STATEMENT. Buyer Date Buyer Date A REAL ESTATE BROKER IS QUALIFIED TO ADVISE ON REAL ESTATE. IF YOU DESIRE LEGAL ADVICE, CONSULT YOUR ATTORNEY. 7 Page 424 CITY OF PALM DESERT PALM DESERT PLANNING COMMISSION PRELIMINARY MINUTES TUESDAY, DECEMBER 21, 2021 – 6:00 P.M. ZOOM VIRTUAL MEETING I. CALL TO ORDER Chair John Greenwood called the meeting to order at 6:00 p.m. II. ROLL CALL Present: Chair John Greenwood Vice-Chair Nancy DeLuna Commissioner Ron Gregory Commissioner Lindsay Holt Commissioner Joseph Pradetto Also Present: Craig Hayes, Assistant City Attorney Martín Alvarez, Director of Development Services Rosie Lua, Principal Planner Nick Melloni, Associate Planner Kevin Swartz, Associate Planner Monica O’Reilly, Management Specialist II III. PLEDGE OF ALLEGIANCE Commissioner Joseph Pradetto led the Pledge of Allegiance. IV. SUMMARY OF COUNCIL ACTIONS Director of Development Services Martín Alvarez summarized pertinent City Council actions from the meeting of December 16, 2021. V. ORAL COMMUNICATIONS None Page 425 PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 21, 2021 2 VI. CONSENT CALENDAR A. MINUTES of the Regular Planning Commission meeting of November 2, 2021. Rec: Approve as presented. B. REQUEST FOR CONSIDERATION to approve a Parcel Map Waiver application to adjust two parcels at 890 and 892 Crescent Falls (APNs 652-310-017 and 652-310- 018). Case No. PMW 21-0008 (PAR Development, Palm Desert, California). Rec: By Minute Motion, approve Case No. PMW 21-0008. Upon a motion by Commissioner Pradetto, seconded by Vice-Chair DeLuna, and a 5- 0 vote of the Planning Commission, the Consent Calendar was approved as presented (AYES: DeLuna, Greenwood, Gregory, Holt, and Pradetto; NOES: None). VII. CONSENT ITEMS HELD OVER None VIII. NEW BUSINESS None IX. CONTINUED BUSINESS None X. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION to adopt a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA) and approval of a Precise Plan (PP) and a Conditional Use Permit (CUP) to demolish the former Pizza Hut building and construct a new 7,500-square-foot retail and restaurant building located at 72310 Highway 111. Case No. PP/CUP 20-0002 (Nadel Architects, Inc, Los Angeles, California, Applicant). Note, the staff report(s) and Zoom video of the meeting are available on the City’s website. Click on the following link to access: www.planning-commission- information-center. Associate Planner Kevin Swartz presented the staff report and offered to answer any questions. The Commission had no questions for staff. Chair Greenwood declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. Page 426 PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 21, 2021 3 Mr. Ralph Deppisch, the applicant’s representative, Los Angeles, California, stated that they worked with City staff and the Architectural Review Commission to improve the project. He hoped that the Planning Commission would support the recommendation and offered to answer any questions. Mr. David Anderson, the architect, commented that he did not have anything to add. He also offered to answer questions. Commissioner Ron Gregory listed his concerns and recommendations regarding the landscape plan. With no further testimony offered, Chair Greenwood declared the public hearing closed. Commissioner Pradetto moved for approval and then withdrew his motion to let Commissioner Gregory craft the motion with the recommendations to the landscape plan. Commissioner Gregory moved to waive further reading and adopt Planning Commission Resolution No. 2801, adopting a Notice of Exemption and approving Case No. PP/CUP 20- 0002, subject to the findings and conditions of approval. Following are additional conditions added to the landscape plan: 1) The San Diego Red Bougainvillea should not be planted as a shrub. The La Jolla Bougainvillea should be considered for a larger shrub, and the Oo-La- La Bougainvillea should be considered for a smaller shrub; 2) The Bougainvilleas should be a minimum size of five gallons; 3) Replace the Bear Grass with Desert Spoon or Giant Hesperaloe; 4) Replace the Aloe Variegata with a different Aloe or plant; and 5) For a commercial setting, change the Dalea Capitata and Lantana to five gallons. The motion was seconded by Vice-Chair DeLuna and carried by a 5-0 vote (AYES: DeLuna, Greenwood, Gregory, Holt, and Pradetto; NOES: None). B. REQUEST FOR CONSIDERATION of a recommendation to the City Council for approval of Amendment No. 1 to the Specific Plan (SP 18-0002), Precise Plan (PP 18- 0009), and Tentative Tract Map 36379 for DSRT SURF inclusive of a surf lagoon and surf center, a four-story hotel, and residential units on a 17.69-acre site located within Desert Willow Golf Resort. Case Nos. SP 18-0002/PP 18-0009/TTM 37639 Amendments No. 1 (Desert Wave Ventures, LLC, California, Applicant). Chair Greenwood disclosed that he works for Prest Vuksic Architects, and the firm has provided consulting services for this project; therefore, he recused himself from this item. He asked Vice-Chair DeLuna to proceed with the meeting. Commissioner Gregory also disclosed that he works for MSA Consulting, and the firm has provided consulting services for this project and recused himself. Principle Planner Rosie Lua gave a PowerPoint presentation reviewing the staff report in detail. She recommended approval to the City Council and noted that the applicant also has a PowerPoint presentation. Page 427 PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 21, 2021 4 Vice-Chair DeLuna declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. Mr. Doug Sheres, the applicant, Solana Beach, California, said they have been working on this project for nearly five years and believed it is better and more compelling than ever. Mr. Bruce Greenfield, the architect, Orange, California, provided a PowerPoint presentation on the project’s architecture. Mr. John O, Palm Desert, California, supported the project. He is a lifetime surfer and the thought to ride waves in his zip code is a dream come true. With no further testimony offered, Vice-Chair DeLuna declared the public hearing closed. Commissioner Lindsay Holt stated that it is a great project and appreciated the work done on the revised specific plan and had no concerns. She thanked the staff and applicant for the presentations. Commissioner Pradetto moved to waive further reading and adopt Planning Commission Resolution No. 2802, recommending approval to the City Council for Case Nos. SP 18-0002/PP 18-0009/TTM 37639 Amendments No. 1, subject to findings and conditions of approval. The motion was seconded by Commissioner Holt and carried by a 3-0 vote (AYES: DeLuna, Holt, and Pradetto; NOES: None; ABSENT: Greenwood and Gregory). C. REQUEST FOR CONSIDERATION of a recommendation to the City Council for a Zoning Ordinance Amendment to modify Palm Desert Municipal Code Section 25.60.60 (Public Hearing and Public Notice), add Section 25.60.160 “Community Engagement,” and adding Section 5.11 “Disclosures Upon Transfer of Residential Property” for said project regulating the public engagement process, and apply said regulations. Case No. ZOA 21-0002 (City of Palm Desert, Palm Desert, California, Applicant). Chair Greenwood proceeded with the meeting. Ms. Lua reviewed the staff report and recommended approval of the Zoning Ordinance Amendment. Commissioner Greenwood suggested that it is of value to have public participation meetings digitally and recorded. Chair Greenwood declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. With no testimony offered, Vice-Chair DeLuna declared the public hearing closed. Page 428 PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 21, 2021 5 Commissioner Pradetto moved to waive further reading and adopt Planning Commission Resolution No. 2803, recommending approval to the City Council for Case No. 21-0002, with added language to clarify Title 5 in which the new language only applies to new developments. Motion carried by a 4-0 vote (AYES: DeLuna, Greenwood, Holt, and Pradetto; NOES: None; ABSENT: Gregory). XI. MISCELLANEOUS None XII. COMMITTEE MEETING UPDATES A. CULTURAL ARTS COMMITTEE Commissioner Holt reported that the Committee discussed the San Pablo Corridor Art Plan and the Public Art budget. B. PARKS & RECREATION COMMISSION None XIII. REPORTS AND REMARKS City staff thanked the Planning Commission for their time and dedication to the City of Palm Desert. XIV. ADJOURNMENT With the Planning Commission concurrence, Chair Greenwood adjourned the meeting at 7:49 p.m. JOHN GREENWOOD, CHAIR ATTEST: MARTĺN ALVAREZ, SECRETARY MONICA O’REILLY, RECORDING SECRETARY Page 429 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 21-0002 NOTICE OF A PUBLIC HEARING BEFORE THE CITY OF PALM DESERT CITY COUNCIL TO CONSIDER APPROVAL OF AMENDING MUNICIPAL CODE CHAPTER 25, SECTION 25.60.60 (PUBLIC HEARING AND PUBLIC NOTICE) AND ADDING SECTION 25.60.160 “COMMUNITY ENGAGEMENT,” AND ADDING SECTION 5.11 “DISCLOSURES UPON TRANSFER OF RESIDENTIAL PROPERTY” FOR SAID PROJECT REGULATING THE PUBLIC ENGAGEMENT PROCESS AND APPLY SAID REGULATIONS. The City of Palm Desert (City) in its capacity as a lead agency has preliminarily determined the proposal to amend the Zoning Ordinance is not a project as defined in the California Environmental Quality Act (CEQA) Public Resource Code (Pub. Resources Code, § 21000 et seq.) and the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) that this action will not have an impact on the environment. Project Location/Description: Project Location: New proposed developments of 5 acres or more within the City limits. Project Description: Zoning Ordinance Amendment (ZOA) increasing public notification beyond the City’s typical 300-feet as required by the current Palm Desert Municipal Code (PDMC) to 1,000 feet radius for new projects of five (5) acres or more; requiring developments of five (5) acres or more to submit a Community Engagement Plan, detailing the developer’s engagement with the public as a requirement of the entitlement application; and requirement for developers of residential developments of 5 acres or more to include disclosures of long-range planning efforts and potential future development identified in the City’s General Plan, Zoning, and Housing Element. Recommendation: Staff is recommending that the City Council approve the first reading of the Regulating the Public Engagement Process and pass to second reading. Public Hearing: The public hearing will be held before the City Council on January 13, 2022 at 4:00 p.m. via Zoom. The hearing will be conducted in accordance with the City’s emergency protocols for social distancing. Options for remote participation will be listed on the Posted Agenda for the meeting at: https://www.cityofpalmdesert.org/our-city/mayor-and-city-council- /city-council-meeting-information-center. Comment Period: The public comment period for this project is from January 3, 2022, to January 13, 2022. Public Review: The draft ordinance and any related documents are available for public review Monday through Friday from 8:00 a.m. to 5:00 p.m. by contacting the project planner, Rosie Lua. Please submit written comments to the City Council via the City Clerk’s Office. If any group challenges the action in court, the issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at or prior to the City Council hearing. All comments and any questions should be directed to: Rosie Lua, Principal Planner City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611, Extension 480 rlua@cityofpalmdesert.org PUBLISH: DESERT SUN NORMA I. ALLEY, MMC, CITY CLERK December 28, 2021 PALM DESERT CITY COUNCIL Page 430 1 RESOLUTION NO. 2021-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, INCREASING PUBLIC NOTIFICATION REQUIREMENTS FOR CERTAIN DEVELOPMENT PROJECTS, ESTABLISHING POLICIES RELATED TO COMMUNITY ENGAGEMENT FOR SAID PROJECTS, AND DIRECTING STAFF TO INITIATE A ZONING ORDINANCE AMENDMENT (ZOA) RELATED TO CHANGES TO CHAPTER 25. 60.060 PUBLIC HEARING AND PUBLIC NOTICE WHEREAS, the City acknowledges the importance of public participation in the planning and development of the community and that public participation in this process leads to better outcomes in addressing community concerns and requests; and WHEREAS, City staff and developers should engage the surrounding community early in the process to ensure potential community concerns are heard and addressed; and WHEREAS, the City supports increasing the public mailing notification of certain development projects to a broader audience; and WHEREAS, larger development projects, particularly those that are non-exempt from the California Environmental Quality Act (CEQA), benefit from greater public participation and community support; and WHEREAS, public notification for non-exempt CEQA projects should be increased from 300 feet to 1,000 feet to achieve the above -referenced statements; and WHEREAS, as part of the planning application and review process, developers will submit a "community engagement plan" to be reviewed and approved by City staff to ensure adequate community engagement efforts are achieved; and WHEREAS, homebuyers should receive sufficient notification through closing documents of long-term planning efforts and potential future development identified in the City's General Plan; and WHEREAS, these acknowledgments should be codified by an ordinance, and the City Counci is supportive of amending Palm Desert Municipal Code Chapter 25.60.060 Public Hearing and Public Notices, and directs staff to initiate a ZOA in support of the statement above to be brought back at a later date; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: SECTION 1. Recitals. The City Council hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution. Page 431 RESOLUTION NO. 2021-50 SECTION 2. Custodian of Records. The documents and materials that constitute the record of proceedings in which these findings are based are located at the City's office at 73- 510 Fred Waring Drive, Palm Desert, California 92260. Gloria Sanchez, the Acting City Clerk, is the custodian of the record of proceedings. SECTION 3. Execution of Resolution. The Mayor of the City Council signs this Resolution and the City Clerk shall attest, and certify to the passage and adoption thereof. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 8th day of July 2021, by the following vote, to wit: AYES: HARNIK, JONATHAN, NESTANDE, QUINTANILLA, and KELLY NOES: NONE ABSENT: NONE ABSTAIN: NONE curb yr KATHLEE KELLY, ivIAYOR ATTEST: M. GLORIA ANCHEZ, AC N CITY CLERK CITY OF PALM DESERT, CALI ORNIA 2 Page 432 STAFF REPORT CITY OF PALM DESERT CITY MANAGER’S OFFICE MEETING DATE: January 13, 2022 PREPARED BY: Andrew Firestine, Assistant City Manager Heather Horning, Assistant to the City Manager REQUEST: Conduct Public Hearing on the Redrawing of Council Member District Boundaries Recommendation By Minute Motion: 1.Receive a report from staff and the City’s redistricting consultant on the redistricting process and permissible criteria to be considered to redraw district boundaries; and 2.Conduct a public hearing to receive public input on district boundaries. Background Pursuant to Election Code section 21621, charter cities with by-district election systems are required to redraw their district boundary maps to ensure compliance with the California and federal Voting Rights Acts. The process to complete the redistricting requires a minimum of four public hearings and dedicated public outreach to ensure minority populations and communities of interest are aware of the redistricting effort and are provided with options to participate. Discussion Every 10 years, cities with by-district election systems must use new census data to review and, if needed, redraw district lines to reflect how local populations have changed. This process, called redistricting, ensures all districts have a nearly equal population. The redistricting process for the City of Palm Desert must be completed by April 17, 2022. The City adopted its current district boundaries in 2020. The approved boundary map was drawn based on 2010 census data as required by law. The districts must now be redrawn using the 2020 census data and in compliance with the Fair Maps Act (the “Act”), which was adopted by the California legislature as AB 849 and took effect January 1, 2020. Under the Act, the City Council shall draw and adopt boundaries using the following Page 433 January 13, 2022 Public Hearing – Redrawing of Council Member District Boundaries Page 2 of 5 criteria in the listed order of priority (Elections Code 21621(c)): 1. Comply with the federal requirements of equal population and the Voting Rights Act. 2. Be geographically contiguous. 3. Undivided neighborhoods and “communities of interest” (socio-economic geographic areas that should be kept together). 4. Display easily identifiable boundaries. 5. Be compact (do not bypass one group of people to get to a more distant group of people). 6. Shall not favor or discriminate against a political party. Once the prioritized criteria are met, other traditional districting principles can be considered, such as: 1. Minimize the number of voters delayed from voting in 2022 to 2024. 2. Respect voters’ choices/continuity in office. 3. Future population growth. By law, the City must hold at least four public hearings that enable community members to provide input on the drawing of district maps: • At least one hearing must occur before the city or county draws draft maps. • At least two hearings must happen after the drawing of draft maps. • The fourth hearing can happen either before or after the drawing of draft maps. • City or county staff or consultants may hold a public workshop instead of one of the required public redistricting hearings. To increase the accessibility of these hearings, cities and counties must take the following steps: • At least one hearing must occur on a Saturday, Sunday, or after 6:00 p.m. on a weekday. • If a redistricting hearing is consolidated with another local government meeting, the redistricting hearing must begin at a pre-designated time. • Local public redistricting hearings must be made accessible with people with disabilities. The purpose of this public hearing is to further inform the public about the districting process and to hear from the community on what factors should be taken into consideration while creating district boundaries. The public is requested to provide input regarding communities of interest and other local factors that should be considered while drafting district maps. A community of interest under the relevant Elections Code for cities (Section 21621(c) is, “a population that shares common social or economic interests that should be included within Page 434 January 13, 2022 Public Hearing – Redrawing of Council Member District Boundaries Page 3 of 5 a single district for purposes of its effective and fair representation.” Next Steps The second public hearing is scheduled for January 27, 2022, after which the City’s consultant will draft maps based on the totality of City Council and public input received from the first and second public hearings and the January 20, 2022, public workshop, more particularly described below. Two additional public hearings are scheduled for February 24 and March 20, 2022, and a second public workshop is scheduled for February 22, 2022. A complete schedule is identified in the table below: January 13, 2022 1st public hearing Held prior to the release of draft maps January 20, 2022 1st public workshop at 6:00 p.m. to 7:00 p.m. at the Palm Desert Community Center on San Pablo January 27, 2022 2nd public hearing at 4:30 p.m. Held prior to the release of draft maps January 27 - February 4 BB&K to prepare draft maps using 2020 Census data February 11, 2022 Deadline for the public to submit draft maps for consideration at 3rd public hearing February 17, 2022 Publish draft map(s) February 22, 2022 2nd public workshop at 5 p.m. to 6 p.m. via Zoom webinar February 24, 2022 3rd public hearing at 4:30 p.m. Consideration and input on proposed draft maps February 25 - March 2 BB&K to prepare final maps March 10, 2022 4th public hearing at 4:30 p.m. Council to introduce ordinance approving final maps Page 435 January 13, 2022 Public Hearing – Redrawing of Council Member District Boundaries Page 4 of 5 April 17, 2022 City deadline to adopt ordinance after 2nd reading (effective immediately) and submit map to Registrar November 1, 2022 2022 election Community Outreach A website has been created to coordinate all the redistricting information, including the list of public meetings and agendas, mapping tools, and draft maps upon their release. It also provides answers to frequently asked questions and links to additional resources. The website is available in both English and Spanish and is available both through Engage Palm Desert and mappalmdesert.org. In addition to the four public hearings, two public workshops have been scheduled. The public workshops will be advertised through the website, social media, radio advertisements, and flyers will be provided to community organizations including schools and homeowner’s associations. The purpose of the first workshop is to explain the redistricting process; to provide an overview of the mapping tools; and to solicit input on communities of interest. The first workshop is scheduled for January 20 at 6:00 p.m. at the Palm Desert Community Center at 43-900 San Pablo Avenue, Palm Desert, CA 92260. This workshop will be conducted in-person and will also be videorecorded and made available through the website following the meeting. A Spanish translator will be available to provide simultaneous translation through headsets at the meeting. The purpose of the second workshop is to view draft maps that have been prepared by the City’s consultant prior to third public hearing and before the deadline for the public to submit draft maps for consideration at this hearing. The second workshop is scheduled for February 22, 2022. This meeting will be conducted virtually through a Zoom webinar. A live Spanish translation of the webinar will be accessible through a Zoom Translation Room. It will also be recorded and made available through the website after the meeting. The Palm Desert Civic Center will be open to those members of the public who would like to participate in the webinar at a City facility. Fiscal Analysis There is no fiscal impact associated with the recommended action. Page 436 January 13, 2022 Public Hearing – Redrawing of Council Member District Boundaries Page 5 of 5 LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW ASSISTANT CITY MANAGER RH Robert W. Hargreaves City Attorney N/A L. Todd Hileman City Manager N/A Janet Moore Director of Finance Andy Firestine Andy Firestine Assistant City Manager City Manager: L. Todd Hileman: L. Todd Hileman ATTACHMENT A. Public Hearing Notice Page 437 Page 438