HomeMy WebLinkAboutAgenda packet 2022-0414
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, APRIL 14, 2022
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.
Page 1
AGENDA APRIL 14, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Agenda Page 2
CALL TO ORDER
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.Closed Session Meeting Minutes: March 24, 2022
B.Conference with Real Property Negotiator pursuant to Government Code Section
54956.8:
1)(City)
Property:Consideration of Lease Amendment No. 1
between the State of California and the City of
Palm Desert at the Parkview Office Complex
(73-710 Fred Waring Drive, Suite No. 112, Palm
Desert)
City Negotiator: Todd Hileman/Stephen Aryan
Other Party Negotiator: State of California - Coachella Valley Mountains
Conservancy
Property Owner: City of Palm Desert
2)(City)
Property:72-880 Highway 111, Palm Desert
(APN 640-120-020)
City Negotiator: Todd Hileman/Eric Ceja
Other Party Negotiator: Seritage SRC Finance
Property Owner: Seritage SRC Finance
C.Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956.9(d)(2):
1)Potential cases: Two (2)
RECONVENE THE CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY
MEETING
a)Roll Call
b)Pledge of Allegiance to the Flag – Councilmember Gina Nestande
c)Inspiration/Invocation – Mayor Pro Tem Sabby Jonathan
REPORT ON ACTION FROM CLOSED SESSION
Page 2
AGENDA APRIL 14, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Agenda Page 3
AWARDS, PRESENTATIONS, AND APPOINTMENTS
1. ORAL PRESENTATION by Ms. Tammy Martin relative to the 2022 Wildflower Festival
(CC)
CITY MANAGER COMMENTS
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 up to 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.
2.MINUTES of the regular City Council, Successor Agency, and Housing Authority
Meeting of March 10, 2022 (CC) (SA) (HA) ..................................................... Page 10
Rec.: Approve as presented.
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 19
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).
4.APPROVE CLAIMS AND DEMANDS WARRANTS: City: 3/18/2022 (CC); Successor
Agency: 3/18/2022 (SA) ..................................................................................Page 21
Rec.: Receive and file.
Page 3
AGENDA APRIL 14, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Agenda Page 4
5.ORDINANCE NO. 1381 amending Chapter 3.30 to include the Recovered Organic Waste
Product Procurement Policy (2nd reading) (CC) ......................................................Page 47
Rec.: Waive further reading and adopt Ordinance No. 1381.
6.RESOLUTION adopting a policy for ceremonial proclamations and recognitions
(CC) ...........................................................................................................................Page 49
Rec.: Waive further reading and adopt.
7.AWARD Contract to HR Green of Palm Desert, California, for Traffic Engineering and
Design Services of Traffic Signal Modifications and Hardware Upgrades in an amount
not to exceed $300,000 (Project No. 596-22) (CC) ..........................................Page 53
Rec.: By Minute Motion:
1.Award Contract to HR Green of Palm Desert, California for Traffic
Engineering and Design Services for Traffic Signal Modifications and
Hardware Upgrades in an amount not to exceed $300,000;
2.Authorize the City Manager or designee to review and approve written
contract amendment requests for unanticipated conditions per Section
3.30.170 of the Palm Desert Municipal Code; and
3.Authorize the City Manager to execute said agreement.
8.AWARD Contract in the amount of $280,565 to TJKM Transportation Consultants of
Pleasanton, California, for Professional Engineering and Design Services for the
Highway Safety Improvement Program, Cycle 10, Traffic Signal Improvements
(Project No. 600-21) (CC) ...............................................................................Page 109
Rec.: By Minute Motion:
1.Award Contract in the amount of $280,565 to TJKM Transportation
Consultants of Pleasanton, California, for professional engineering and
design services for the Highway Safety Improvement Program (HSIP)
Cycle 10, Traffic Signal Improvements;
2.Authorize the City Manager or designee to review and approve written
contract amendment requests for unanticipated conditions per Section
3.30.170 of the Palm Desert Municipal Code; and
3.Authorize the City Manager to execute the contract.
9.AWARD Contract to Knorr Systems International for Palm Desert Aquatic Center
(PDAC) maintenance and repair (CC) ...............................................................Page 159
Rec.: By Minute Motion:
1.Award Contract to Knorr Systems International of Santa Ana, California for
the PDAC Maintenance and Repair Services in the amount of $178,200 for
a 5-year term ($35,640 annually) (Project No. 882-23);
2.Authorize the City Manager to approve extra work and services in an annual
amount not to exceed $25,000; and
3.Authorize the City Manager to execute the subject agreement, up to three
(3) contract extensions in the amount of $35,640 annually, and any change
Page 4
AGENDA APRIL 14, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Agenda Page 5
orders or extra work associated with this contract based on staff’s
recommendations.
10.APPROVE eighteen (18) sculptures and six (6) alternate sculptures for the 2023/2024
El Paseo Sculpture Exhibition (CC) ................................................................Page 223
Rec.: By Minute Motion:
1.Approve eighteen (18) sculptures and six (6) alternate sculptures for the
2023/2024 El Paseo Sculpture Exhibition;
2.Approve honorarium of $5,000 for each of the participating artists;
3.Authorize staff to finalize negotiations of the subject contracts with the
eighteen (18) artists and authorize Mayor to execute same, subject to the
satisfaction of the City Attorney; and
4.Authorize City Manager to make changes to sculpture selection based on
staff recommendation.
11.APPROVE amendment to Contract Number C41660 with Same Day Express for
maintenance of the City of Palm Desert’s permanent public art collection and the El
Paseo Sculpture Exhibition (CC) ......................................................................Page 263
Rec.: By Minute Motion:
1.Approve amendment to Contract Number C41660 with Same Day Express
in the amount of $55,200 from the term of July 1, 2022 to June 30, 2023,
for maintenance of the City of Palm Desert’s permanent public art collection
and the El Paseo Sculpture Exhibition;
2.Authorize Mayor to execute the amendment; and
3.Approve payment up to $5,000 on an as needed basis for additional public
art maintenance and repair services from Same Day Express.
12.AUTHORIZE the purchase of fourteen (14) traffic signal cabinets and related equipment
from Econolite Control Products, Inc., in the amount of $238,283.16 (CC) ......Page 267
Rec.: By Minute Motion, authorize the purchase of fourteen (14) traffic signal cabinets
and related equipment from Econolite Control Products, Inc., in the amount of
$238,283.16.
13.AUTHORIZE an increase to Contract with Curtis Allan Floorcovering, Inc., for procuring
floor coverings and related supplies and services under Engineered Floors, LLC, at
the Palm Desert Housing Authority properties for FY 2021-2022 (Contract No. HA38930)
(HA).....................................................................................................................Page 273
By Minute Motion, that the Authority Board:
1.Authorize an increase of $60,000 for Curtis Allan Floorcovering, Inc. (Contract No.
HA38930) for the purpose of procuring floor coverings and related supplies and
services under National Joint Powers Alliance Agreement Contract No. 02-60 with
Engineered Floors, LLC (dba J+J Flooring Group and dba EF Contract), at the
Palm Desert Housing Authority (“Authority”) properties pursuant to Section 3.30.260
of the Palm Desert Municipal Code, for FY 2021/2022, making the annual total
amount for the year not to exceed $185,000;
Page 5
AGENDA APRIL 14, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Agenda Page 6
2.Authorize Staff and RPM Company (“RPM”), the Authority’s contracted
management company, to assign additional services as determined to be
necessary due to emergency actions and/or proactively responding to issues at
the Authority properties, including expenditures; and
3.Authorize the Chairman and/or the Executive Director to execute the Amendment
and any documents necessary to effectuate and implement the actions taken
herewith.
14.ACCEPT Contract No. C36570B with PCI of Azusa, California for the Citywide Bike-Golf
Cart Lane Improvements as complete and authorize the City Clerk to file the Notice of
Completion (Project No. 565-18) (CC) .............................................................Page 281
Rec.: By Minute Motion:
1.Accept Contract No. C36570B with PCI of Azusa, California for the Citywide
Bike-Golf Cart Lane Improvements as complete; and
2.Authorize the City Clerk to file the Notice of Completion.
15.ACCEPT Contract No. C40670A with LC Paving, Inc. of Escondido, California for the
Alessandro West Improvements – Phase II as complete and authorize the City Clerk to
file the Notice of Completion (Project No. 817-21) (CC) ....................................Page 285
Rec.: By Minute Motion:
1.Accept the Alessandro West Improvements – Phase II Project as complete;
and
2.Authorize the City Clerk to file the Notice of Completion.
16.RECEIVE AND FILE the Cancellation of Lease and Sublease Agreement and Return
of undisbursed prepaid rent from the McCallum Theatre (CC) ........................Page 289
Rec.: Receive and file the Cancellation of Lease and Sublease Agreement and
Return of undisbursed prepaid rent from the McCallum Theatre.
17.RECEIVE AND FILE the General Fund Financial Report for February 2022 (CC)
............................................................................................................................Page 291
Rec.: Receive and file the General Fund Financial Report for February 2022.
18.RECEIVE AND FILE the Investment Report for February 2022 (CC) .............Page 295
Rec.: Receive and file the Investment Report for February 2022.
CONSENT ITEMS HELD OVER
Page 6
AGENDA APRIL 14, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Agenda Page 7
ACTION CALENDAR
19.RESOLUTION authorizing the submittal of an application to the California Natural
Resources Agency Department of Parks and Recreation for the Palma Village Park
Improvements Project (CC) ............................................................................Page 323
Rec.: By Minute Motion:
1.Waive further reading and adopt a resolution authorizing the submittal of an
application to the California Natural Resources Agency Department of
Parks and Recreation for the Palma Village Park Improvements project;
and
2.Authorize the City Manager or his Designee to execute all documents that
may be necessary to facilitate the application or award.
20.RESOLUTION and request to sign the National Wildlife Federation’s Mayors’ Monarch
Pledge to renew the City’s efforts to protect and enhance the pollinator population
(CC) ................................................................................................................Page 339
Rec.: 1. Waive further reading and adopt Resolution authorizing the City of Palm
Desert to enter into the National Wildlife Federation’s Mayors’ Monarch
Pledge and issue a proclamation on the City’s Monarch Day Pledge on or
before April 30, 2022; and
2.By Minute Motion, authorize staff to work in collaboration with the Living
Desert Zoo and Gardens and University of California, Riverside (UCR)
Palm Desert Center to carry out the three specific actions listed below within
the next year:
a.Install a monarch butterfly mural within the City;
b.Install educational signs within Civic Center Park regarding the
demonstration garden completed in 2021 as part of the Mayors’
Monarch Pledge; and
c.Plant milkweed at various City parks and medians, where advisable.
21.APPROVE Amendment No. 4 to Contract No. C36620 with Family YMCA of the Desert
for management and staffing at the Palm Desert Aquatic Center (CC) ...........Page 359
Rec.: By Minute Motion:
1.Approve Amendment No. 4 to Contract No. C36620 with the Family YMCA
of the Desert (“YMCA”) of Palm Desert, California, for management and
staffing of the Palm Desert Aquatic Center in the annual amount of
$165,000 plus reimbursement of additional costs included in the agreement
for an amount not to exceed $1,444,400; and
2.Authorize the Mayor to execute said amendment.
22.APPROVE design for a permanent Lupine Plaza (CC) .........................................Page 469
Rec.: By Minute Motion, approve the final preliminary design for a permanent Lupine
Plaza and direct the Public Works Department to commence with the
preparation of construction drawings for the build-out of the Plaza.
Page 7
AGENDA APRIL 14, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Agenda Page 8
23.REQUEST for feedback and direction regarding proposed activities to celebrate the
City’s 50th anniversary in 2023 (CC) .................................................................Page 509
Rec.: By Minute Motion, provide staff feedback and direction on proposed activities
to celebrate the City’s 50th anniversary in 2023.
24.AUTHORIZE the use of Rule 20A Credits for the Ironwood Park Utility Undergrounding
Project (CC) ....................................................................................................Page 511
Rec.: By Minute Motion, authorize the use of Rule 20A Credits for the Ironwood Park
Utility Undergrounding Project.
25.APPROVE the Unite Palm Desert Bicycle Incentive Program (CC) ..................Page 515
Rec.: By Minute Motion:
1.Approve the proposed Unite Palm Desert Bicycle Incentive Program for
private commercial properties to receive a bicycle rack valued at up to
$1,000 each from the City of Palm Desert;
2.Authorize the City Manager to implement the Unite Palm Desert Bicycle
Incentive Program including the execution of all agreements required to
meet the program requirements;
3.Authorize the City Attorney to make non-substantive changes to the Unite
Palm Desert Bicycle Incentive Program agreement; and
4.Appropriate and approve the expenditure of $20,000 from AQMD expense
account (Account No. 2384515-4400100).
PUBLIC HEARING
26.RESOLUTION adopting a Notice of Exemption in accordance with the California
Environmental Quality Act (CEQA), and approval of a Hillside Development Plan
(HDP) to construct a 1,103-square-foot casita on a property located at 72240 West
Upper Way (CC) .............................................................................................Page 527
Rec.: Waive further reading and adopt.
27.RESOLUTION approving an Historic District Designation for Sandpiper Codominiums
Circle #1 located on El Paseo (CC) .................................................................Page 593
Rec.: Waive further reading and adopt a Resolution reaffirming the actions of the
Cultural Resources Preservation Committee, designating the Sandpiper
Condominiums Circle #1, located on El Paseo, with a Historic District
designation in accordance with Section 29.50.010 of the Palm Desert Municipal
Code (PDMC).
ADJOURNMENT
Page 8
AGENDA APRIL 14, 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, Anthony J. Mejia, 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 April 2022. Note: This agenda is subject to amendment up to 72 hours
in advance of the meeting.
_ Anthony J. Mejia, MMC, City Clerk
Page 9
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, March 10, 2022
CALL TO ORDER – 3:00 P.M.
Mayor Harnik called the meeting to order at 3:00 p.m.
ROLL CALL
Present:
Mayor Pro Tem/Vice Chair/Vice Chairman Sabby Jonathan
Councilmember/Director/Member Kathleen Kelly
Councilmember/Director/Member Gina Nestande
Councilmember/Director/Member Karina Quintanilla
Mayor/Chair/Chairman Jan C. Harnik
Also Present:
Todd Hileman, City Manager/Executive Director
Robert W. Hargreaves, City Attorney
Andrew Firestine, Assistant City Manager
Veronica Chavez, Director of Finance
Niamh M. Ortega, Deputy City Clerk
ACTION TO ADD EMERGENCY ITEM
Main Motion: Add Closed Session Item A2 relative to 72-880 Highway 111, Palm
Desert (APN 640-120-020) as an emergency item by 4/5 vote.
Moved by: Kelly/Quintanilla
Vote and Action: 5 Yes/0 No. Motion Carried
PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY
None.
Page 10
DRAFT MINUTES – FOR DISCUSSION PURPOSES ONLY MARCH 10, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Draft Minutes Page 2
ADJOURN TO CLOSED SESSION
The meeting was adjourned to closed session at 3:02 p.m.
A.Conference with Real Property Negotiator pursuant to Government Code Section
54956.8:
1)(City)
Property: Approximately 10 acre site on north side of Gerald Ford Drive
between Cook Street and Portola Avenue (APN 694-120-028).
City Negotiator: Todd Hileman/Martin Alvarez
Other Party Negotiator: Palm Communities
Property Owner: City of Palm Desert
2)(City)
Property: 72-880 Highway 111, Palm Desert (APN 640-120-020).
City Negotiator: Todd Hileman/Martin Alvarez
Other Party Negotiator: Seritage SRC Finance
Property Owner: Seritage SRC Finance
B.Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956.9(d)(2):
1)Potential cases: 2
C.Approval of Closed Session Minutes for the meetings of August 26, September 9
and 30, October 14 and 28, November 18 and December 16, 2021, and February
10, 2022.
RECONVENE THE CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY
MEETING
Mayor Harnik reconvened the regular meeting at 4:00 p.m.
a)Roll Call
b)Pledge of Allegiance to the Flag – Mayor Pro Tem Sabby Jonathan
c)Inspiration/Invocation – Councilmember Karina Quintanilla
REPORT ON ACTION FROM CLOSED SESSION
City Attorney Hargreaves reported that, relative to Item A1, the City Council authorized by
unanimous vote an Exclusive Negotiating Agreement with Palm Communities, LLC, for an
initial term of 90 days. The Agreement will be available for public viewing once it has been
finalized.
There was no other reportable action taken during Closed Session.
Page 11
DRAFT MINUTES – FOR DISCUSSION PURPOSES ONLY MARCH 10, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Draft Minutes Page 3
AWARDS, PRESENTATIONS, AND APPOINTMENTS
1.Certificates of Achievement for Palm Desert High School Wrestling Team (CC)
The City Council congratulated the wrestling team who attended virtually to receive
the certificate.
CITY MANAGER COMMENTS
City Manager Hileman recognized Veronica Chavez as the newly-appointed Finance
Director, who began in her new role the prior week.
City Manager Hileman introduced Public Affairs Manager Thomas Soule who reported on
various events taking place during the months of March and April. These events included a
free film series at the University of California, Riverside campus, a concert series and Fashion
Week at the Gardens on El Paseo, and the Palm Desert Food and Wine event. He also noted
April was National Poetry Month, and the County’s teen poet laureate was a student at Palm
Desert High School.
MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION
Councilmember Kelly shared that the Economic Development subcommittee has made
progress on the Visitor Center which was a topic of discussion at the City Council’s most
recent goal-setting session.
Councilmember Quintanilla reported her attendance and work with the Cultural Arts
Committee.
Mayor Pro Tem Jonathan shared he was excited about the Homelessness Taskforce meeting
of the previous week and looked forward to the work that would be done by the taskforce.
Mayor Harnik reported she and Mayor Pro Tem Jonathan toured several fire stations in the
area. She also reported her attendance at the Living Desert gala.
NON AGENDA PUBLIC COMMENTS
Ms. Tammy Martin thanked the City Council for its continued partnership with Friends of the
Desert Mountains and provided a report on the recent Wildflower Festival.
Page 12
DRAFT MINUTES – FOR DISCUSSION PURPOSES ONLY MARCH 10, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Draft Minutes Page 4
CONSENT CALENDAR
All matters listed on the Consent Calendar are considered to be routine and may be approved
by one (1) Minute Motion.
2.MINUTES of the regular City Council, Successor Agency, and Housing Authority
Meeting of February 10, 2022 (CC) (SA) (HA)
Rec.: Approve as presented.
3.APPROVE CLAIMS AND DEMANDS WARRANTS: City: 1/30/2022 (CC); Successor
Agency: 2/18/2022 (SA); City and Housing: 2/11/2022, 2/16/2022, 2/18/2022 (CC, HA)
Rec.: Receive and file.
4.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)
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).
5.ORDINANCE NO. 1376 amending the Palm Desert Municipal Code Section 2.34.010
related to Committee/Commission Member Attendance Requirements (2nd reading)
(CC)
Rec: Waive further reading and adopt.
6.ORDINANCE NO. 1377 adopting a Mitigated Negative Declaration in accordance
with the California Environmental Quality Act (CEQA), and approval of a Change
of Zone to establish a higher residential density (eight (8) units per acre), Tentative
Parcel Map 38033, and a Precise Plan to construct 32 single-story condominium
units, clubhouse, and pool/spa on 3.91 acres at the southwest corner of Gerald
Ford Drive and Shepherd Lane (2nd reading) (CC)
Rec.: Waive further reading and adopt.
Page 13
DRAFT MINUTES – FOR DISCUSSION PURPOSES ONLY MARCH 10, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Draft Minutes Page 5
7.RESOLUTIONS: Approve Veronica Chavez, Interim Finance Director and City
Treasurer, as Business Contracting Officer for the City of Palm Desert’s banking, trust,
and investment relationships and update authorization to invest monies in the Local
Agency Investment Fund. (CC) (SA) (HA)
Rec.: By Minute Motion that the City Council, Successor Agency Board, and Housing
Authority Board:
1.Approve Veronica Chavez, Interim Finance Director and City Treasurer as
a Business Contracting Officer for the City of Palm Desert, and all its related
entities, banking, trust, and investment relationships and sign related
technical documents; and
2.Approve Resolutions providing updated authorizations to the invest monies
in the Local Agency Investment Fund (“LAIF”).
8.APPROVE a temporary waiver of certain Parks ordinances for duration of the Palm
Desert Youth Sports Association Opening Day of baseball and softball to be held March
12, 2022. (CC)
Rec.: Approve a temporary waiver of Palm Desert Municipal Zone Sections
11.01.080-H (Camping), 11.01.140 (Amplified Sound) and 11.01.080Q
(Vendor Sales) for the duration of the Palm Desert Youth Sports Association
(PDYSA) event.
9.APPROVE a temporary waiver of facility use fees for the use of the Civic Center Park
volleyball courts by Palm Desert High School for beach volleyball team practice and
games (CC)
Rec.: By Minute Motion, approve waiving facility use fees for the use of the Civic
Center Park volleyball courts by Palm Desert High School for beach volleyball
team practice and games.
10.AWARD of Contract for the Palm Desert Aquatic Center pool resurfacing and lighting
replacement project (Project No. 881-22) (CC)
Rec.: By Minute Motion:
1.Award Contract to California Commercial Pools, Inc., Glendora, California
for the Palm Desert Aquatic Center Pool Resurfacing and Lighting
Replacement Project in the amount of $370,000.00 (Project No. 881-22);
2.Authorize the Director of Finance to set aside a 10% contingency in the
amount of $37,000;
3.Authorize the City Manager or his designee to review and execute change
orders up to the contingency amount for unanticipated conditions, per
Section 3.30.170 Section A of Ordinance No. 1335; and
4.Authorize the Mayor to execute the subject agreement.
Page 14
DRAFT MINUTES – FOR DISCUSSION PURPOSES ONLY MARCH 10, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Draft Minutes Page 6
11.RECEIVE AND FILE the General Fund Financial Report for January 2022 (CC)
Rec.: Receive and file.
This item was removed for separate consideration under “Consent Items Held Over”.
12.RECEIVE AND FILE the Compliance Analysis and Investment Reports for November
2021, December 2021 and January 2022 (CC)
Rec.: Receive and file.
Main Motion: Approve all items on the consent calendar with the exception of Item
11, considered separately.
Moved by: Kelly/Nestande
Vote and Action: 5 Yes/0 No. Motion Carried
CONSENT ITEMS HELD OVER
11.RECEIVE AND FILE the General Fund Financial Report for January 2022 (CC)
Main Motion: Receive and file the General Fund Financial Report for January 2022.
Moved by: Jonathan/Kelly
Vote and Action: 5 Yes/0 No. Motion Carried
ACTION CALENDAR
13.AMEND Ordinance No. 1254, revising Chapter 11.01.080 (Parks, Prohibited conduct
generally) of the Palm Desert Municipal Code relating to the improper feeding of wild
or domestic birds (1st reading) (CC)
Main Motion: Waive further reading and pass to second reading Ordinance No. 1254
revising Chapter 11.01.080 (Parks, Prohibited conduct generally) of the
Palm Desert Municipal Code.
Moved by: Quintanilla/Kelly
Vote and Action: 5 Yes/0 No. Motion Carried
14.REVIEW recommended changes to the development standards of the R-2 (Mixed
Residential District) and direct staff to initiate a Zoning Ordinance Amendment for
Chapter 25.10 of the municipal code (CC)
Main Motion: Direct staff to initiate a Zoning Ordinance Amendment (ZOA) to modify the
development standards of the R-2 (Mixed Residential District) Zoning
District in Chapter 25.10 of the municipal code.
Moved by: Kelly/Nestande
Vote and Action: 5 Yes/0 No. Motion Carried
Page 15
DRAFT MINUTES – FOR DISCUSSION PURPOSES ONLY MARCH 10, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Draft Minutes Page 7
15.APPROVE Unite Palm Desert Security Camera System grant program (CC)
Main Motion: 1. Approve the proposed Unite Palm Desert Security Camera System
Grant program for private commercial properties to receive up to five-
hundred dollars ($500) each for the purchase and installation of
security cameras;
2.Authorize the City Manager to implement the Unite Palm Desert
Security Camera System Grant program including the execution of all
agreements required to meet the program requirements;
3.Authorize the City Attorney to make non-substantive changes to the
Unite Palm Desert Security Camera System Grant program
agreement; and
4.Approve an expenditure in the amount of $20,000 from Economic
Development Fund 4254430-4393000 for the grants.Direct staff to
initiate a Zoning Ordinance Amendment (ZOA) to modify the
development standards of the R-2 (Mixed Residential District) Zoning
District in Chapter 25.10 of the municipal code.
Moved by: Nestande/Kelly
Vote and Action: 5 Yes/0 No. Motion Carried
PUBLIC HEARING
16.REDRAWING of Council Member District Boundaries (4th Public Hearing) (CC)
Mr. Mal Richardson provided an updated report to the Council.
Mayor Harnik opened the public hearing, and receiving no public comment, closed the
public hearing.
Main 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;
2.Conduct a public hearing to receive public input on district boundaries;
and
3.Progress with the ordinance with the selection of Map 3C.
Moved by: Kelly/Nestande
Vote and Action: 5 Yes/0 No. Motion Carried
17.RESOLUTION to approve amended franchise agreement with Burrtec Waste and
Recycling Services, LLC to collect solid waste, recyclables, and organic waste;
conduct majority protest hearing, and approve adjusted rates as outlined (CC)
The City Council received a report from staff and Burrtec representatives.
Page 16
DRAFT MINUTES – FOR DISCUSSION PURPOSES ONLY MARCH 10, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Draft Minutes Page 8
Mayor Harnik opened the public hearing, and receiving no public comment, closed the
public hearing.
Main Motion: 1. Conduct a public hearing to receive public comment on proposed
increases to solid waste and recycling service rates.
2.Adopt Resolution approving amended franchise agreement with
Burrtec Waste and Recycling Services, LLC to collect solid waste,
recyclables, and organic waste; and
3.Approve the adjusted maximum service rates outlined in exhibits 3A,
3B, and 3C of the amended franchise agreement.
Moved by: Kelly/Jonathan
Vote and Action: 5 Yes/0 No. Motion Carried
18.RESOLUTION to adopt a Mitigated Negative Declaration (MND) in accordance with
the California Environmental Quality Act (CEQA), and approval of General Plan
Amendment 21-0002 (GPA 21-0002), amending the City’s Housing Element and
Safety Element of the General Plan (CC)
The City Council received a report from staff.
Mayor Harnik opened the public hearing, and receiving no public comment, closed the
public hearing.
Main Motion: Waive further reading and adopt a City Council Resolution adopting an
MND in accordance with the CEQA, and approval of Case No. GPA 21-
0002, amending the City’s Housing Element and Safety Element of the
General Plan in accordance with the California Department of Housing
and Community Development (HCD) guidelines.
Moved by: Kelly/Quintanilla
Vote and Action: 5 Yes/0 No. Motion Carried
19.ADOPT a Notice of Exemption in accordance with the California Environmental Quality
Act (CEQA), and approval of a summary vacation of an unused portion of San Pablo
Avenue right-of-way at the southeast corner of Fred Waring Drive and San Pablo
Avenue to be in conformance with the City’s General Plan (CC)
The City Council received a report from staff.
Page 17
DRAFT MINUTES – FOR DISCUSSION PURPOSES ONLY MARCH 10, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Draft Minutes Page 9
Mayor Harnik opened the public hearing, and receiving no public comment, closed the
public hearing.
Main Motion: Waive further reading and adopt the following:
1.A Notice of Exemption in accordance with CEQA; and
2.Conduct a public hearing to receive public input and adopt a City
Council Resolution approving a summary vacation of an unused
portion of San Pablo Avenue right-of-way at the southeast corner of
Fred Waring Drive and San Pablo Avenue to be in conformance with
the City’s General Plan.
Moved by: Quintanilla/Nestande
Vote and Action: 5 Yes/0 No. Motion Carried
20.RE-APPROVE Resolution No. 2022-07 approving a Historic District Designation for
Sandpiper Condominiums Circle 2 Located on El Paseo (CC)
Mr. Jason Finley, Chief Building Official, provided a brief report, noting re-approval is
recommended due to a publication error.
Main Motion: Re-approve Resolution No. 2022-07 previously approved at the regular
Council meeting of February 10, 2022, due to a noticing error.
Moved by: Jonathan/Nestande
Vote and Action: 5 Yes/0 No. Motion Carried
ADJOURNMENT
With City Council, Successor Agency, and Housing Authority concurrence, Mayor Harnik
adjourned the meeting at 5:53 p.m.
JAN C. HARNIK
MAYOR/CHAIR/CHAIRMAN
ATTEST:
NÍAMH M. ORTEGA, DEPUTY CITY CLERK
AND SECRETARY
Palm Desert City Council
Successor Agency to the Palm Desert Redevelopment Agency
Housing Authority
Page 18
STAFF REPORT
CITY OF PALM DESERT
MEETING DATE: April 14, 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 19
April 14, 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 20
Page 21
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
[This page has intentionally been left blank.]
Page 48
STAFF REPORT
CITY OF PALM DESERT
MEETING DATE: April 14, 2022
PREPARED BY: Anthony J. Mejia, City Clerk
REQUEST: Consideration of a Resolution Adopting a Policy for Ceremonial
Proclamations and Recognitions
Recommendation
Adopt Resolution 2022-___ adopting a policy for ceremonial proclamations
and recognitions.
Background
At the request of the City Council, staff was directed to draft a policy for ceremonial
proclamations and recognitions for the purposes of consistency and fairness. Staff
researched a variety of model policies, and the Mayor and Mayor Pro Tem reviewed
potential options and recommends approval of the attached resolution.
The proposed policy provides guidance to staff on the processing of requests, sets eligible
and ineligible subjects and topics, and requires that the Mayor and Mayor Pro Tem concur
on the issuance of proclamations and recognitions. Furthermore, the policy sets
guidelines for the presentation of proclamations and recognitions and directs staff to strive
to limit the number of special presentations to not more than ten (10) minutes per meeting.
Financial Impact
There is no fiscal impact associated with adopting the proposed resolution.
LEGAL REVIEW DEPT. REVIEW FINANCIAL
REVIEW
ASSISTANT
CITY MANAGER
N/A
Robert W. Hargreaves
City Attorney
Anthony J. Mejia
Anthony J. Mejia
City Clerk
N/A
Veronica Chavez
Director of Finance
N/A
Andy Firestine
Assistant City Manager
City Manager, L. Todd Hileman: L. Todd Hileman
Attachments
1. Draft Resolution
Page 49
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, ADOPTING A POLICY FOR
CEREMONIAL PROCLAMATIONS AND RECOGNITIONS
WHEREAS, the City Council occasionally wishes to recognize events,
accomplishments, or public service of individuals or organizations that significantly
benefit the community of Palm Desert, and
WHEREAS, for the purposes of consistency and fairness, the City Council
has determined that it is appropriate to establish protocols for ceremonial
proclamations and recognitions.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Palm Desert as follows:
SECTION 1. Purpose and Intent. The purpose of this Resolution is to
establish a policy regarding the processing of requests by individuals, groups, and
organizations for City proclamations and certificates.
SECTION 2. Authority-General. It is the intent of the City Council that City
staff first review all requests for proclamations and certificates from individuals,
groups, and organizations and forward to the Mayor and Mayor Pro Tem only those
requests that comply with the terms of this resolution. The Mayor and Mayor Pro
Tem are charged with the administration of requests and may approve or deny such
requests at their discretion consistent with this resolution. No commission or
committee, individual council member, or other City official shall issue a
proclamation or certificate on behalf of the City of Palm Desert without prior approval
of the Mayor and Mayor Pro Tem.
SECTION 3. Eligibility Criteria. The Mayor and Mayor Pro Tem may
consider requests for proclamations and certificates on the following subjects:
A. Significant Matters of Interest: Raise public awareness about matters of
significance that impact the residents and businesses in the City.
B. Observances/Celebrations: To highlight a special period of observance,
celebration, or recognition for community, regional, state, or national
occasions.
C. Local Businesses, Services, or Organizations: Requests to honor
businesses, services, or philanthropic organizations that are located or
operate in the City, that provide a significant level of services to residents
and businesses in the City.
D. Individuals: Recognition of individuals for extraordinary achievement or
outstanding community service.
Page 50
RESOLUTION NO. 2022-
E. Local Sports Teams: Recognition of sports teams based in the City,
upon the accomplishment of noteworthy achievements, programs, or
milestones.
F. In Memoriam: Requests to honor the life of long-time or prominent Palm
Desert residents upon their death.
G. City Officials/Staff: Requests to honor city officials and employees for
their achievements or milestones of service.
H. Partner Public Officials: Requests to honor public officials from other
public entities who served on boards, committees, or commissions on
which the Palm Desert City Council also serves, upon the completion of
their term of office or chairpersonship.
SECTION 4. Impermissible Subjects. City staff shall not process requests
for proclamations or certificates on the following subjects:
A. Candidates: Requests to support candidates for elected public office.
B. Religion/Politics: Requests of a religious or political nature.
C. Contrary Policies: Campaigns or events contrary to City policies.
SECTION 5. Submission of Requests on Other Subjects. If it is not clear
whether a request for a proclamation or certificate falls inside or outside of a
permissible category as provided in this Resolution, staff should submit the matter to
the Mayor and Mayor Pro Tem for their consideration and determination.
SECTION 6. Signatures. All proclamations are intended to be signed by the
full City Council. In the event that an individual Council Member declines to sign a
particular proclamation, the Mayor may determine whether to proceed with only the
Mayor’s signature or the balance of the City Council.
SECTION 7. Presentation at City Council Meetings. Presentation of
proclamations and recognitions should occur outside the City Council meeting, such
as a specified event, via mail, or personal delivery. When necessary, individual
proclamations and recognitions may be presented at City Council meetings and staff
should endeavor to schedule proclamations and recognitions so that the total time
for those items is no more than ten (10) minutes per meeting.
Section 8. Certification. The City Clerk shall certify the adoption of this
Resolution.
Page 51
RESOLUTION NO. 2022-
PASSED, APPROVED AND ADOPTED this __ day of April, 2022, by the
following votes:
AYES:
NOES:
ABSENT:
_____________________________
JAN C. HARNIK, MAYOR
ATTEST:
_____________________________
ANTHONY J. MEJIA, MMC
CITY CLERK
Page 52
STAFF REPORT
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
MEETING DATE: April 14, 2022
PREPARED BY: Bassam AL-Beitawi, Transportation Planner
REQUEST: Award Contract No. ______ to HR Green of Palm Desert, California, for
Traffic Engineering and Design Services of Traffic Signal Modifications and
Hardware Upgrades in an amount not to exceed $300,000 (Project No.
596-22).
___________________________________________________________________________
Recommendation
By Minute Motion:
1. Award Contract No. ______ to HR Green of Palm Desert, California for Traffic
Engineering and Design Services for Traffic Signal Modifications and Hardware
Upgrades in an amount not to exceed $300,000;
2. Authorize the City Manager or designee to review and approve written contract
amendment requests for unanticipated conditions per Section 3.30.170 of the Palm
Desert Municipal Code; and
3. Authorize the City Manager to execute said agreement.
Funds are available in Measure A Fund Account No. 2134250-5000906, TS-Equipment.
Strategic Plan
While the Traffic Engineering and Design Services for Traffic Signal Modifications and Hardware
Upgrades is an on-going maintenance activity and is not a specific objective of the Strategic Plan,
maintaining and upgrading traffic signal hardware contributes to roadway safety, improves traffic
flow, and maintains long-term sustainability of the City’s traffic signal system.
Background Analysis
The Traffic Engineering and Design Services for Traffic Signal Modifications and Hardware
Upgrades Project will provide vital services to keep the City’s traffic signal system operating in an
adequate and sustainable manner. The services include:
• Traffic signal hardware replacement and upgrades
• Intersection re-wiring
• Service and Controller Cabinet replacement
Page 53
The Project was advertised a request for proposals on January 21, 2022, and on February 23,
2022, eight proposals were received electronically through the City of Palm Desert’s online
PlanetBids bidding portal.
Consultant Location
HR Green Palm Desert, CA
KOA Monterey Park, CA
Michael Baker International Palm Desert, CA
Albert Webb Riverside, CA
Hartzog & Crabill, Inc. Tustin, CA
TJKM Pleasanton, CA
NV5 San Diego, CA
Kimley–Horn and Associates, Inc. Indian Wells, CA
The internal selection committee, comprised of representatives from Public Works department
met on March 17, 2022, and reviewed the qualifications, experience, and key personnel. Staff
determined that HR Green is the most qualified consultant to perform the services requested in
the project, based on:
• Has great amount of experience on projects in the Coachella Valley
• Great knowledge of the City’s traffic signal system
• Had the greatest depth of project support of all proposals
• Had greatest experience in similar project execution
• HR Green recently performed well in completing a strategic plan for the City’s traffic
operations and maintenance team
Fiscal Analysis
The Traffic Engineering and Design Services for Traffic Signal Modifications and Hardware
Upgrades Project was included in the approved Capital Improvement Project (CIP) List for Fiscal
Year 2021-22 under Measure A fund Account No. 2134250-5000906. The account has a current
balance of $802,882; therefore, there is no fiscal impact to the general fund.
Page 54
LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW ASSISTANT
CITY MANAGER
N/A
Robert W. Hargreaves
City Attorney
Andy Firestine
Andy Firestine
Director of Public Works
Veronica Chavez
Veronica Chavez
Director of Finance
Andy Firestine
Andy Firestine
Assistant City Manager
City Manager, L. Todd Hileman: L. Todd Hileman
CONTRACTOR: HR Green
44651 Village Court, Suite 123
Palm Desert, California 92260
ATTACHMENTS: Agreement
Consultant Proposal
Vicinity Map
Page 55
Contract No. ____________
CITY OF PALM DESERT
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 14th day of April, 2022, by and between the
City of Palm Desert, a municipal corporation organized under the laws of the State of California
with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-
2578, County of Riverside, State of California (“City”) and HR Green Pacific, Inc., a California
Corporation, with its principal place of business at 44651 Village Court, Suite 123, Palm Desert,
Ca 92260 ("Consultant"). City and Consultant are sometimes individually referred to herein as
"Party" and collectively as "Parties."
2. RECITALS.
2.1 Project.
The City is a public agency of the State of California and is in need of professional services
for the following project:
TRAFFIC ENGINEERING AND DESIGN SERVICES FOR TRAFFIC SIGNAL
MODIFICATIONS AND HARDWARE UPGRADES
(hereinafter referred to as “the Project”).
2.2 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this Agreement.
Consultant is duly licensed and has the necessary qualifications to provide such services.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to
furnish to the City all labor, materials, tools, equipment, services, and incidental and customary
work necessary to fully and adequately supply the services necessary for the Project ("Services").
The Services are more particularly described in Exhibit "A" attached hereto and incorporated
herein by reference. All Services shall be subject to, and performed in accordance with, this
Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable
local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from April 14, 2022, 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 three (3)
additional one-year terms. Consultant shall complete the Services within the term of this
Page 56
Agreement and shall meet any other established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Independent Contractor; Control and Payment of Subordinates.
The Services shall be performed by Consultant or under its supervision. Consultant will determine
the means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Any personnel performing the Services shall not be employees of City and shall at all times be
under Consultant's exclusive direction and control. Neither City, or any of its officials, officers,
directors, employees or agents shall have control over the conduct of Consultant or any of
Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall
pay all wages, salaries, and other amounts due such personnel in connection with their
performance of Services under this Agreement and as required by law. Consultant shall be
responsible for all reports and obligations respecting such additional personnel, including, but not
limited to: social security taxes, income tax withholding, unemployment insurance, disability
insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services in a
prompt and timely manner in accordance with the Schedule of Services set forth in Exhibit "A"
attached hereto and incorporated herein by reference. Consultant represents that it has the
professional and technical personnel required to perform the Services expeditiously. Upon
request of City, Consultant shall provide a more detailed schedule of anticipated performance to
meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City
that certain key personnel will perform and coordinate the Services. Should one or more of such
personnel become unavailable, Consultant may substitute other personnel of at least equal
competence upon written approval of City. In the event that City and Consultant cannot agree as
to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause.
The key personnel for performance of this Agreement are as follows: George A. Wentz, PE, Vice
President.
3.2.5 City's Representative. The City hereby designates Bassam AL-
Beitawi, Transportation Planner, or his/her designee, to act as its representative in all matters
pertaining to the administration and performance of this Agreement ("City's Representative").
City's Representative shall have the power to act on behalf of the City for review and approval of
all products submitted by Consultant but not the authority to enlarge the scope of Services or
change the total compensation due to Consultant under this Agreement. The City Manager shall
be authorized to act on City's behalf and to execute all necessary documents which enlarge the
scope of services or change the Consultant's total compensation subject to the provisions
contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from
any person other than the City Manager, City's Representative or his/her designee.
3.2.6 Consultant's Representative. Consultant hereby designates Tim
Jonasson, P.E, Project Manager, or his/her designee, to act as its representative for the
performance of this Agreement ("Consultant's Representative"). Consultant's Representative
shall have full authority to represent and act on behalf of the Consultant for all purposes under
Page 57
this Agreement. The Consultant's Representative shall supervise and direct the Services, using
his/her best skill and attention, and shall be responsible for all means, methods, techniques,
sequences, and procedures and for the satisfactory coordination of all portions of the Services
under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with
City staff in the performance of Services and shall be available to City's staff, consultants and
other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall
perform all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in the
State of California. Consultant represents and maintains that it is skilled in the professional calling
necessary to perform the Services. Consultant warrants that all employees and subconsultants
shall have sufficient skill and experience to perform the Services assigned to them. Consultant
represents that it, its employees and subconsultants have all licenses, permits, qualifications and
approvals of whatever nature that are legally required to perform the Services, and that such
licenses and approvals shall be maintained throughout the term of this Agreement. Consultant
shall perform, at its own cost and expense and without reimbursement from the City, any services
necessary to correct errors or omissions which are caused by the Consultant's failure to comply
with the standard of care provided herein. Any employee of the Consultant or its sub-consultants
who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely
completion of the Project, a threat to the safety of persons or property, or any employee who fails
or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed
from the Project by the Consultant and shall not be re-employed to perform any of the Services
or to work on the Project.
3.2.9 Period of Performance. Consultant shall perform and complete all
Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance
Time”). Consultant shall also perform the Services in strict accordance with any completion
schedule or Project milestones described in Exhibit “A” attached hereto, or which may be
separately agreed upon in writing by the City and Consultant (“Performance Milestones”).
Consultant agrees that if the Services are not completed within the aforementioned Performance
Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of
this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
Neither City nor Consultant shall be considered in default of this Agreement for delays in
performance caused by circumstances beyond the reasonable control of the non-performing
Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A
Force Majeure Event shall mean an event that materially affects a Party’s performance and is one
or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a
public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable
and unforeseeable delay in the issuance of permits or approvals by governmental authorities that
are required for the services); (4) strikes and other organized labor action occurring at the site
and the effects thereof on the services, only to the extent such strikes and other organized labor
action are beyond the control of Consultant and its subcontractors, and to the extent the effects
thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or
quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes
ordinances, emergency proclamations and orders, rules to protect the public health, welfare and
Page 58
safety, and other actions of a public agency applicable to the services and Agreement.
Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of
being prevented from performing, give written notice to the other Party describing the
circumstances preventing continued performance and the efforts being made to resume
performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party
responsible for the delay, shall not entitle Consultant to any additional compensation.
Notwithstanding the foregoing in this section, the City may still terminate this Agreement in
accordance with the termination provisions of this Agreement.
3.2.10 Laws and Regulations; Employee/Labor Certification. Consultant shall
keep itself fully informed of and in compliance with all local, state and federal laws, rules and
regulations in any manner affecting the performance of the Project or the Services and shall give
all notices required by law. Consultant shall be liable for all violations of such laws and regulations
in connection with the Services and this Agreement. All violations of such laws and regulations
shall be grounds for the City to terminate the Agreement for cause.
3.2.10.1 Employment Eligibility; Consultant. Consultant
certifies that it fully complies with all requirements and restrictions of state and federal law
respecting the employment of undocumented aliens, including, but not limited to, the Immigration
Reform and Control Act of 1986, as may be amended from time to time and shall require all
subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has
not committed a violation of any such law within the five (5) years immediately preceding the date
of execution of this Agreement and shall not violate any such law at any time during the term of
the Agreement.
3.2.10.2 Equal Opportunity Employment. Consultant represents that
it is an equal opportunity employer, and it shall not discriminate against any subconsultant,
employee or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities
related to initial employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's
Minority Business Enterprise program, Affirmative Action Plan or other related programs or
guidelines currently in effect or hereinafter enacted.
3.2.10.3 Safety. Consultant shall execute and maintain its work so
as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant
shall at all times be in compliance with all applicable local, state and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of employees appropriate
to the nature of the work and the conditions under which the work is to be performed.
3.2.11 Insurance.
3.2.11.1 Minimum Requirements. Without limiting Consultant’s
indemnification of City, and prior to commencement of the Services, Consultant shall obtain,
provide and maintain at its own expense during the term of this Agreement, policies of insurance
of the type and amounts described below and in a form that is satisfactory to City.
Page 59
(A) General Liability Insurance. Consultant shall maintain
commercial general liability insurance with coverage at least as broad as Insurance Services
Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general
aggregate, for bodily injury, personal injury, and property damage. The policy must include
contractual liability that has not been amended. Any endorsement restricting standard ISO
“insured contract” language will not be accepted.
(B) Automobile Liability Insurance. Consultant shall maintain
automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering
bodily injury and property damage for all activities of the Consultant arising out of or in connection
with Work to be performed under this Agreement, including coverage for any owned, hired, non-
owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each
accident. The City’s Risk Manger may modify this requirement if it is determined that Consultant
will not be utilizing a vehicle in the performance of his/her duties under this Agreement.
(C) Professional Liability (Errors & Omissions) Insurance.
Consultant shall maintain professional liability insurance that covers the Services to be performed
in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the
aggregate. Any policy inception date, continuity date, or retroactive date must be before the
effective date of this Agreement and Consultant agrees to maintain continuous coverage through
a period no less than three years after completion of the Services required by this Agreement.
(D) Workers’ Compensation Insurance. Consultant shall
maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance
(with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents,
employees, volunteers and representatives.
(E) Umbrella or Excess Liability Insurance. Consultant may opt
to utilize umbrella or excess liability insurance in meeting insurance requirements. In such
circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance
policy with limits that will provide bodily injury, personal injury and property damage liability
coverage at least as broad as the primary coverages set forth above, including commercial
general liability and employer’s liability. Such policy or policies shall include the following terms
and conditions:
(1) A drop down feature requiring the policy to respond if
any primary insurance that would otherwise have
applied proves to be uncollectible in whole or in part for
any reason;
(2) Pay on behalf of wording as opposed to reimbursement;
(3) Concurrency of effective dates with primary policies; and
(4) Policies shall “follow form” to the underlying primary
policies.
Page 60
(5) Insureds under primary policies shall also be insureds
under the umbrella or excess policies.
(F) Fidelity Coverage. Reserved.
(G) Cyber Liability Insurance. Reserved.
If coverage is maintained on a claims-made basis, Consultant shall maintain such coverage for
an additional period of three (3) years following termination of the Agreement.
3.2.11.2 Other Provisions or Requirements.
(A) Proof of Insurance. Consultant shall provide certificates of
insurance to City as evidence of the insurance coverage required herein, along with a waiver of
subrogation endorsement for workers’ compensation. Insurance certificates and endorsements
must be approved by City’s Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file with City at all times during the term of this
Agreement. City reserves the right to require complete, certified copies of all required insurance
policies, at any time.
(B) Duration of Coverage. Consultant shall procure and
maintain for the duration of the Agreement insurance against claims for injuries to persons or
damages to property, which may arise from or in connection with the performance of the Services
hereunder by Consultant, his/her agents, representatives, employees or subconsultants.
(C) Primary/Non-Contributing. Coverage provided by
Consultant shall be primary and any insurance or self-insurance procured or maintained by City
shall not be required to contribute with it. The limits of insurance required herein may be satisfied
by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance
shall contain or be endorsed to contain a provision that such coverage shall also apply on a
primary and non-contributory basis for the benefit of City before the City’s own insurance or self-
insurance shall be called upon to protect it as a named insured.
(D) City’s Rights of Enforcement. In the event any policy of
insurance required under this Agreement does not comply with these specifications, or is
canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will
withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City
may terminate this Agreement.
(E) Acceptable Insurers. All insurance policies shall be issued
by an insurance company currently authorized by the Insurance Commissioner to transact
business of insurance or is on the List of Approved Surplus Line Insurers in the State of California,
with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or
larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise
approved by the City’s Risk Manager.
Page 61
(F) Waiver of Subrogation. All insurance coverage maintained
or procured pursuant to this agreement shall be endorsed to waive subrogation against the City,
its elected or appointed officers, agents, officials, employees, volunteers, and representatives or
shall specifically allow Consultant or others providing insurance evidence in compliance with
these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its
own right of recovery against the City, its elected or appointed officers, agents, officials,
employees, volunteers and representatives and shall require similar written express waivers and
insurance clauses from each of its subconsultants.
(G) Enforcement of Contract Provisions (non estoppel).
Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to
inform Consultant of non-compliance with any requirement imposes no additional obligations on
the City nor does it waive any rights hereunder.
(H) Requirements Not Limiting. Requirements of specific
coverage features or limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided by any insurance.
Specific reference to a given coverage feature is for purposes of clarification only as it pertains to
a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher limits than the
minimums shown above, the City requires and shall be entitled to coverage for the higher limits
maintained by the Consultant. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the City.
(I) Notice of Cancellation. Consultant agrees to oblige its
insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation
(except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for
each required coverage.
(J) Additional Insured Status. General liability, automobile
liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed
to provide that the City and its officers, officials, employees, agents, volunteers and
representatives shall be additional insureds with regard to liability and defense of suits or claims
arising out of the performance of the Agreement, under such policies. This provision shall also
apply to any excess/umbrella liability policies.
(K) Prohibition of Undisclosed Coverage Limitations. None of
the coverages required herein will be in compliance with these requirements if they include any
limiting endorsement of any kind that has not been first submitted to City and approved of in
writing.
(L) Separation of Insureds. A severability of interests provision
must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately
to each insured against whom claim is made or suit is brought, except with respect to the insurer’s
limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
Page 62
(M) Pass Through Clause. Consultant agrees to ensure that its
subconsultants, subcontractors, and any other party involved with the Project who is brought onto
or involved in the Project by Consultant, provide the same minimum insurance coverage and
endorsements required of Consultant. Consultant agrees to monitor and review all such coverage
and assumes all responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Consultant agrees that upon request, all agreements with
subconsultants, subcontractors, and others engaged in the Project will be submitted to City for
review.
(N) City’s Right to Revise Specifications. The City and the City’s
Risk Manager reserve the right at any time during the term of the Agreement to change the
amounts and types of insurance required by giving the Consultant ninety (90) days advance
written notice of such change. If such change results in additional cost to the Consultant, the City
and Consultant may renegotiate Consultant’s compensation. If the City reduces the insurance
requirements, the change shall go into effect immediately and require no advanced written notice.
(O) Self-Insured Retentions. Any self-insured retentions must
be declared to and approved by City. City reserves the right to require that self-insured retentions
be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to
comply with these specifications unless approved by City.
(P) Timely Notice of Claims. Consultant shall give City prompt
and timely notice of claims made or suits instituted that arise out of or result from Consultant’s
performance under this Agreement, and that involve or may involve coverage under any of the
required liability policies.
(Q) Additional Insurance. Consultant shall also procure and
maintain, at its own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the Services.
3.2.12 Water Quality Management and Compliance. Consultant shall keep itself
and all subcontractors, staff, and employees fully informed of and in compliance with all local,
state and federal laws, rules and regulations that may impact, or be implicated by the performance
of the Services including, without limitation, all applicable provisions of the City’s ordinances
regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C.
§ 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000
et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority.
Consultant must comply with the lawful requirements of the City, and any other municipality,
drainage district, or other local agency with jurisdiction over the location where the Services are
to be conducted, regulating water quality and storm water discharges. Failure to comply with
laws, regulations, and ordinances listed in this Section is a violation of federal and state law.
Consultant warrants that all employees and subcontractors shall have sufficient skill and
experience to perform the work assigned to them without impacting water quality in violation of
the laws, regulations and policies of this Section.
Page 63
3.3 Fees and Payments.
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 "A" attached hereto and incorporated herein by reference. The total compensation shall
not exceed Three Hundred Thousand Dollars ($300,000) without written approval of the City
Council or City Manager, as applicable.
3.3.2 Payment of Compensation. Consultant shall submit to City monthly
invoices which provide a detailed description of the Services and hours rendered by Consultant.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed
and approved charges. If the City disputes any of Consultant's fees, the City shall give written
notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth
therein. Consultant shall submit its final invoice to City within thirty (30) days from the last date
of provided Services or termination of this Agreement and failure by the Consultant to submit a
timely invoice may constitute a waiver of its right to final payment. Payment shall not constitute
acceptance of any Services completed by Consultant. The making of final payment shall not
constitute a waiver of any claims by the City for any reason whatsoever.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any
expenses unless authorized in writing by City or included in Exhibit "A" of this Agreement.
3.3.4 Extra Work. At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which
is determined by City to be necessary for the proper completion of the Project, but which the
Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization
from the City.
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations,
Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing
wage rates and the performance of other requirements on "public works" and "maintenance"
projects. If the Services are being performed as part of an applicable "public works" or
"maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply
with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates
of per diem wages in effect at the commencement of this Agreement. Consultant shall make
copies of the prevailing rates of per diem wages for each craft, classification or type of worker
needed to execute the Services available to interested parties upon request and shall post copies
at the Consultant's principal place of business and at the project site. It is the intent of the parties
to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the
Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code
sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the
City, its officials, officers, employees, agents, volunteers and representatives, free and harmless
from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing
Page 64
Wage Laws.
3.4.2 Registration/DIR Compliance. If the Services are being performed on a
public works project of over $25,000 when the project is for construction, alteration, demolition,
installation, or repair work, or a public works project of over $15,000 when the project is for
maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and
1771.1, the Consultant and all subconsultants must be registered with the Department of
Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project
and require the same of any subconsultants. This Project may also be subject to compliance
monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with
all applicable registration and labor compliance requirements, including the submission of payroll
records directly to the DIR. Any stop orders issued by the DIR against Consultant or any
subconsultant that affect Consultant’s performance of Services, including any delay, shall be
Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall
be considered Consultant caused delay and shall not be compensable by the City. Consultant
shall defend, indemnify and hold the City, its officials, officers, employees, agents, volunteers and
representatives free and harmless from any claim or liability arising out of stop orders issued by
the DIR against Consultant or any subconsultant.
3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it
is aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation or to undertake self-insurance
in accordance with the provisions of that Code and agrees to comply with such provisions before
commencing the performance of the Services.
3.5 Accounting Records.
3.5.1 Maintenance and Inspection. Consultant shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All such
records shall be clearly identifiable. Consultant shall allow a representative of City during normal
business hours to examine, audit, and make transcripts or copies of such records and any other
documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data,
documents, proceedings, and activities related to the Agreement for a period of three (3) years
from the date of final payment under this Agreement.
3.6 General Provisions.
3.6.1 Termination of Agreement.
3.6.1.1 Grounds for Termination. City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without cause by
giving written notice to Consultant of such termination, and specifying the effective date thereof,
at least seven (7) days before the effective date of such termination. Upon termination, Consultant
shall be compensated only for those Services which have been adequately rendered to City, and
Consultant shall be entitled to no further compensation. Consultant may not terminate this
Agreement except for cause. The rights and remedies of the City provided in this section shall
Page 65
not be exclusive and are in addition to any other rights and remedies provided by law, equity or
under this Agreement.
3.6.1.2 Effect of Termination. If this Agreement is terminated as
provided herein, City may require Consultant to provide all finished or unfinished Documents and
Data and other information of any kind prepared by Consultant in connection with the performance
of Services under this Agreement. Consultant shall be required to provide such document and
other information within fifteen (15) days of the request.
3.6.1.3 Early Termination. Notwithstanding any provision herein to
the contrary, if for any fiscal year of this Agreement the City Council fails to appropriate or allocate
funds for future payment under the Agreement after exercising reasonable efforts to do so, the
City may upon seven (7) days’ written notice, order work on the Project to cease. Upon
termination, Consultant shall be compensated only for those Services which have been
adequately rendered to City, and Consultant shall be entitled to no further compensation.
3.6.1.4 Additional Services. In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms and in such
manner as it may determine appropriate, services similar to those terminated.
3.6.2 Delivery of Notices. All notices permitted or required under this Agreement
shall be given to the respective parties at the following address, or at such other address as the
respective parties may provide in writing for this purpose:
Consultant: HR Green
44651 Village Court, Suite 123
Palm Desert, CA 92260
ATTN: George A. Wentz, Vice President
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
ATTN: Bassam AL-Beitawi, Transportation Planner
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48)
hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its
applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
3.6.3 Ownership of Materials and Confidentiality.
3.6.3.1 Documents & Data; Licensing of Intellectual Property. This
Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or
sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in
any tangible medium of expression, including but not limited to, physical drawings or data
magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be
Page 66
prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall
be and remain the property of City and shall not be used in whole or in substantial part by
Consultant on other projects without the City’s express written permission. Within thirty (30) days
following the completion, suspension, abandonment or termination of this Agreement, Consultant
shall provide to City reproducible copies of all Documents & Data, in a form and amount required
by City. City reserves the right to select the method of document reproduction and to establish
where the reproduction will be accomplished. The reproduction expense shall be borne by City
at the actual cost of duplication. In the event of a dispute regarding the amount of compensation
to which the Consultant is entitled under the termination provisions of this Agreement, Consultant
shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant
shall have no right to retain or fail to provide to City any such documents pending resolution of
the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a
minimum of fifteen (15) years following completion of the Project and shall make copies available
to City upon the payment of actual reasonable duplication costs. Before destroying the
Documents & Data following this retention period, Consultant shall make a reasonable effort to
notify City and provide City with the opportunity to obtain the documents.
3.6.3.2 Subconsultants. Consultant shall require all subconsultants
to agree in writing that City is granted a non-exclusive and perpetual license for any Documents
& Data the subconsultant prepares under this Agreement. Consultant represents and warrants
that Consultant has the legal right to license any and all Documents & Data. Consultant makes
no such representation and warranty in regard to Documents & Data which were prepared by
professionals other than Consultant or its subconsultants, or those provided to Consultant by the
City.
3.6.3.3 Right to Use. City shall not be limited in any way in its use
or reuse of the Documents and Data or any part of them at any time for purposes of this Project
or another project, provided that any such use not within the purposes intended by this Agreement
or on a project other than this Project without employing the services of Consultant shall be at
City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project,
it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless
Consultant and its officers, directors, agents and employees from claims arising out of the
negligent use or re-use of the Documents & Data on such other project. Consultant shall be
responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only
with respect to the condition of the Documents & Data at the time they are provided to the City
upon completion, suspension, abandonment or termination. Consultant shall not be responsible
or liable for any revisions to the Documents & Data made by any party other than Consultant, a
party for whom the Consultant is legally responsible or liable, or anyone approved by the
Consultant.
3.6.3.4 Indemnification – Documents and Data. Consultant shall
defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers, agents
and representatives free and harmless, pursuant to the indemnification provisions of this
Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name,
trademark, or any other proprietary right of any person or entity in consequence of the use on the
Page 67
Project by City of the Documents & Data, including any method, process, product, or concept
specified or depicted.
3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents & Data either created by or provided to Consultant in
connection with the performance of this Agreement shall be held confidential by Consultant. Such
materials shall not, without the prior written consent of City, be used by Consultant for any
purposes other than the performance of the Services. Nor shall such materials be disclosed to
any person or entity not connected with the performance of the Services or the Project. Nothing
furnished to Consultant which is otherwise known to Consultant or is generally known, or has
become known, to the related industry shall be deemed confidential. Consultant shall not use
City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or
the Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
3.6.3.6 Confidential Information. The City shall refrain from
releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal
counsel determines that the release of the Proprietary Information is required by the California
Public Records Act or other applicable state or federal law, or order of a court of competent
jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary
Information. Consultant shall have five (5) working days after receipt of the release notice to give
City written notice of Consultant's objection to the City's release of Proprietary Information.
Consultant shall indemnify, defend and hold harmless the City, and its officers, directors,
employees, agents, volunteers and representatives from and against all liability, loss, cost or
expense (including attorney’s fees) arising out of a legal action brought to compel the release of
Proprietary Information. City shall not release the Proprietary Information after receipt of an
objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of
legal counsel), and hold City harmless from any legal action brought to compel such release;
and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City
release such information.
3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one
another and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.6.5 [Reserved]
3.6.6 Indemnification.
3.6.6.1 To the fullest extent permitted by law, Consultant shall
defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers,
employees, volunteers, agents, and representatives free and harmless from any and all claims,
demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or
equity, to property or persons, including wrongful death, in any manner arising out of, pertaining
to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials,
officers, employees, subconsultants or agents in connection with the performance of the
Page 68
Consultant’s Services, the Project or this Agreement, including without limitation the payment of
all expert witness fees, attorney’s fees and other related costs and expenses except such loss or
damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation
to indemnify shall survive expiration or termination of this Agreement and shall not be restricted
to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees,
agents, volunteers or representatives.
3.6.6.2 If Consultant’s obligation to defend, indemnify, and/or hold
harmless arises out of Consultant’s performance as a “design professional” (as that term is
defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code
section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be
limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of
competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not
exceed the Consultant’s proportionate percentage of fault.
3.6.7 Entire Agreement. This Agreement contains the entire agreement of the
Parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements.
3.6.8 Governing Law. This Agreement shall be governed by the laws of the State
of California. Venue shall be in Riverside County.
3.6.9 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.6.10 City's Right to Employ Other Consultants. City reserves right to employ
other consultants in connection with this Project.
3.6.11 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the Parties.
3.6.12 Assignment; Subcontracting. Consultant shall not assign, sublet, or
transfer this Agreement or any rights under or interest in this Agreement without the written
consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer
without such consent shall be void and without legal effect and shall constitute grounds for
termination. Consultant shall not subcontract any portion of the Services required by this
Agreement, except as expressly stated herein, without prior written approval of City.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in
this Agreement.
3.6.13 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any term
referencing time, days or period for performance shall be deemed calendar days and not work
days. All references to Consultant include all personnel, employees, agents, and subconsultants
of Consultant, except as otherwise specified in this Agreement. All references to City include its
Page 69
elected officials, officers, employees, agents, volunteers and representatives except as otherwise
specified in this Agreement. The captions of the various articles and paragraphs are for
convenience and ease of reference only, and do not define, limit, augment, or describe the scope,
content, or intent of this Agreement.
3.6.14 Amendment; Modification. No supplement, modification, or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.6.16 No Third-Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.6.17 Invalidity; Severability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
shall continue in full force and effect.
3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or violation
of this warranty, City shall have the right to rescind this Agreement without liability. For the term
of this Agreement, no member, officer or employee of City, during the term of his or her service
with City, shall have any direct interest in this Agreement, or obtain any present or anticipated
material benefit arising therefrom.
3.6.19 Authority to Enter Agreement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.6.20 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.6.21 Survival. All rights and obligations hereunder that by their nature are to
continue after any expiration or termination of this Agreement, including, but not limited to, the
indemnification obligations, shall survive any such expiration or termination.
[SIGNATURES ON NEXT PAGE]
Page 70
SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM DESERT
AND HR GREEN PACIFIC, INC.
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be
executed on the day and year first above written.
CITY OF PALM DESERT
By:
L. TODD HILEMAN
City Manager
ATTEST:
By:
Anthony J. Mejia
Deputy City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
HR GREEN PACIFIC, INC.
By:
Its:
Printed Name:
By:
Its:
Printed Name:
QC
PlanetBids ID: _____________
__________ __________
Page 71
EXHIBIT "A"
SCOPE OF SERVICES, SCHEDULE OF SERVICES AND COMPENSATION
In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above
may be increased or reduced each year at the time of renewal, but any increase shall not exceed
the Consumer Price Index, All Urban Consumers, Los Angeles-Riverside-Orange Counties.
Page 72
FEBRUARY 23, 2022
City of Palm Desert
PROPOSAL FOR
TRAFFIC ENGINEERING AND DESIGN SERVICES FOR TRAFFIC
SIGNAL MODIFICATIONS AND HARDWARE UPGRADES
PROJECT NO. 569-22
Tim Jonasson, PE
44651 Village Court, Suite 123
Palm Desert, CA 92260
Office 760.262.4311 + Direct 760.250.6722
tjonasson@hrgreen.com
Page 73
1. Cover LetterFebruary 23, 2022
City of Palm Desert
Attn: Bassam AL-Beitawi, Transportation Planner
Department of Public Works
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
Re: Traffic Engineering and Design Services for Traffic Signal Modifications and Hardware Upgrades - Project No.
569 -22
Dear Bassam and Other Members of the Selection Committee,
HR Green Pacific, Inc. (HR Green) is pleased to provide the enclosed proposal for design services for traffic signal
modifications for Palm Desert. As you are aware, we are very familiar with the City’s traffic system having
recently completed a strategic plan for the traffic signal operations team. And, as a top 200 ENR design firm HR
Green is more than capable to provide the highest quality design Palm Desert deserves.
In addition to leading the team that developed the City’s Traffic and Transportation Strategic Plan, our Project Manager,
Tim Jonasson, chaired CVAG’s valley-wide signal synchronization project when he was Public Works Director
and City Engineer for La Quinta. This gives our team knowledge of both the existing signal system as well as goals for
upgrading the system going forward.
Our team will include Steve Loriso, PE who will perform quality control, as well as Chase Keys, PE who will lead
the design efforts. The team is supported by Brian Jahn, PE and several design engineers to ensure we can meet your
project schedule(s). George Wentz, PE, our Vice President and Principal-in-Charge, is a local resident and Altum
Group, with a local office also in Palm Desert, will be our partner for any necessary design and construction
survey services. Our team understands Palm Desert’s needs and is ready to assist in improving the overall
quality of the City’s traffic signal system.
HR GREEN DIFFERENTIATORS
Our Project Manager and Principal are residents of the Coachella Valley and our office is located in Palm Desert – We
understand the unique needs of the City.
We are already familiar with the City’s signal system – Ramp up time will be minimal.
We have local expertise combined with a nationally recognized transportation design team – No project is too large or
too small for our team.
We can continue service through construction as necessary – We already have “boots on the ground” inspecting public
works projects for Palm Desert.
HRGREEN.COM
44651 Village Court | Suite 123
Palm Desert, CA 92260
Main 760.262.4311 + Fax 713.965.0044
HR Green® | Building Communities. Improving Lives.
Page 74
PROPOSED PROJECT SCOPE OF SERVICES / APPROACH
HR Green will provide complete design services starting from project kick-off to final plans. With our local Palm Desert
office, we have already established lines of communication with City staff that will facilitate a coordinated effort with the
City’s project managers. We will help the City scope the project, develop the project schedule, resource requirements and
budget. Our team will then research and review all existing improvement plans, conduct field survey as necessary as the
project moves forward through design. With our local presence we will coordinate on the City’s behalf with local utilities
and neighbor agencies to ensure all impacts are considered in the final design. Finally, we are ready to assist the City
as it moves forward into bidding, awarding, and constructing the project including supplying construction inspection and
survey as requested.
George A. Wentz, PE, our Vice President, is authorized to negotiate Agreement terms on behalf of HR Green
Pacific and can be reached at 855.900.4742 or by email at gwentz@hrgreen.com.
Thank you for considering HR Green for this important program. We look forward to more successful projects with the
City of Palm Desert. If you have any questions or require additional information, please contact me, Tim Jonasson, by
cellular phone at 760.250.6722 or by email at tjonasson@hrgreen.com.
Sincerely,
HR GREEN PACIFIC, INC.
Tim Jonasson, PE George A. Wentz, PE
Project Manager Vice President
Bassam AL-Beitawi
Page 2 of 2
February 23, 2022
Page 75
2. Certification of Proposal
Page 76
City of Palm Desert
Traffic Engineering and Design Services for Traffic Signal Modifications and Hardware Updates Page 1
The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with
the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP. *
HR GREEN PACIFIC, INC.
George A. Wentz, PE
Vice President
* Per the RFP instructions, HR Green has provided our suggested changes to the Terms and Conditions in the Appendix
beginning on Page 19. We look forward to discussing them with you.
Certification of Proposal
Page 77
3. Experience and Technical
Competence
Page 78
City of Palm Desert
Traffic Engineering and Design Services for Traffic Signal Modifications and Hardware Updates Page 2
Experience and Technical Competence - Background
HR Green has continued
to climb the rankings
on Engineering News-
Record’s (ENR) annual
lists of top design and
construction firms in the
nation, rising 16 spots and
coming in at 188 in 2021.
HR Green Differentiators
▪100+ years providing public works
consulting
▪Local office and staff in Palm Desert
▪Former Palm Desert Interim Public
Works Director as proposed Project
Manager
▪Prepared organizational/operational
Strategic Plan for the City’s Traffic
Team
▪Working with the City inspecting
your CIP
▪30+ years of multi-faceted
consulting to Coachella Valley
agencies (we know local needs,
politics and competing interests)
▪ National leader incorporating
broadband technology into traffic
signal operations
▪Consistently ranked among ENR’s
Top 500 Design Firms—#188 in
2021
▪ Exclusively serve public agencies /
no conflict of interest
▪ HR Green staff members have
served as public agency employees
or as extension of staff
▪ Highly qualified staff capable
of offering scalable solutions
(accomplish more with fewer staff)
▪ Certified as a Great Place to Work in
2021
HR Green has garnered numerous awards
throughout the U.S. for civil engineering
services. The firm has been recognized
with the Premier Award for Client
Satisfaction from PSMJ Resources, Inc.
HR Green is honored to be one of the nation’s longest continually
operating engineering firms. Established in 1913, HR Green, Inc. is
employee owned. We collaborate across geographies and markets to
provide the engineering, technical, and management solutions that
connect and shape communities and are driven by the commitment of
our clients.
HR Green ranks among ENR’s Top 200 Design Firms including
providing traffic signal, signing and striping, pavement
rehabilitation, roadway/intersection widening, and raised/
landscaped median design, for many agencies across the country,
particularly in Southern California. In addition to providing final
engineering services, HR Green also performs traffic operations
management for several local agencies including preparing
traffic control plans for construction projects, preparing traffic
studies, and evaluating collision data to improve overall traffic
safety.
60+ SOUTHERN
CALIFORNIA
EMPLOYEES
Currently, HR Green serves 100+ agencies in the provision of on-call
engineering and support services. We have the staff depth (60+
in Southern California with over 600 employees nationwide),
breadth of technical competency, and local knowledge to
efficiently meet and exceed your performance expectations. HR
Green maintains two offices in Southern California, including our
Palm Desert office, from where your project will be managed
for better responsiveness and observation of your operations.
Our Project Manager, Tim Jonasson, PE, has successfully
taken on numerous street design and construction projects for clients
throughout the Coachella Valley. He will lead a team of HR Green’s
seasoned designers, engineers, and staff, as well as our established
subconsultants as needed, all of whom have the experience required
to fulfill the City’s project design needs.
Page 79
City of Palm Desert
Traffic Engineering and Design Services for Traffic Signal Modifications and Hardware Updates Page 3
City of Rancho Cucamonga
Romeo David
Associate Engineer
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
P: 909.774.4070
E: romeo.david@cityofrc.us
Since 2019, HR Green has been providing design and engineering of
public improvements to the City of Rancho Cucamonga.
SAMPLE PROJECTS
FY 2020/21 TRAFFIC SIGNAL MODIFICATIONS
HR Green prepared traffic signal modification plans for three intersections in Rancho Cucamonga; Lemon Avenue and
Carnelian Street, Base Line Road and Etiwanda Avenue, and Foothill Boulevard and Etiwanda Avenue. These modifications
included the re-wiring of the existing signals, replacing existing cabinet/controller assemblies, installing new or replacing
existing conduit, and pulling new wire for future video detection upgrades.
6TH STREET TRAFFIC SIGNAL MODIFICATIONS
HR Green prepared traffic signal modification plans for two intersections on 6th Street in Rancho Cucamonga;
Archibald and Milliken. These modifications included the re-wiring of the existing signals, replacing existing cabinet/
controller assemblies, installing new or replacing ex. conduit, and pulling new wire for future bicycle signals. Redline of
the existing traffic signal as-builts were used for Archibald while new traffic signal plans were prepared for Milliken.
FOOTHILL BOULEVARD PAVEMENT REHABILITATION
HR Green provided improvement plans, including separate signing and striping plans with the addition of new Class
II bikeways and buffers where feasible, specifications, and cost estimates for the rehabilitation of Foothill Boulevard
between Monet Avenue and the east City limits in the City of Rancho Cucamonga. In addition to the rehabilitation of
existing AC pavement the City decided to have plans prepared for the upgrade of six existing traffic signals along the
project. HR Green marked up existing as-built traffic signal plans to upgrade the signals from loop detection to video
detection
Experience and Technical Competence - References
Page 80
City of Palm Desert
Traffic Engineering and Design Services for Traffic Signal Modifications and Hardware Updates Page 4
Since 2011, HR Green has been providing full departmental management and
on-site civil project staffing, planning, and engineering services. We have helped
procure federal, state, and regional funding (ATP, HSIP, Safe Route to Schools,
SB1, CalRycle, etc.) as well as prepared PS&E for CIP projects and have overseen
the design and construction of 150 miles of pavement rehabilitation as well as
Complete Streets and Green Streets. We created a Pavement Management Report
and maintenance program. Recently, our staff completed a Citywide Master Plan
for Streets and Trails.
SAMPLE PROJECTS
MISSION BOULEVARD AND VALLEY WAY TRAFFIC SIGNAL IMPROVEMENTS
HR Green prepared street improvement plans, signing and striping plans, and traffic signal modification plans for this
1.5 mile stretch of Mission Boulevard between Pyrite Street and Valley Way. A pavement evaluation report was prepared
to provide rehabilitation recommendations for the roadway which ultimately led to the decision to place a fiber reinforced
asphalt concrtete (FRAC) leveling course and fiber reinforced asphalt rubber hot mix (FR-ARHM) overlay in addition to a
2” cold mill of the entire roadway surface. The project also included improvements at the Valley Way intersection to modify
the existing raised center median to include a pedestrian refuge with signal actuation to allow pedestrians to make the
crossing of Mission Boulevard in two movements. This upgrade allowed for the traffic signal to re-timed to improve overall
traffic operations and pedestrian safety through the intersection.
PROTECTED/PERMISSIVE TRAFFIC SIGNAL IMPROVEMENTS
HR Green, on behalf of the City, managed the design of the traffic signal modification plans for ten (10)
intersections throughout the City. These modifications included replacing the existing left turn signal heads with
five-section heads utilizing a flashing yellow arrow. Controllers and various cabinet equipment were also upgraded to allow
for the new protected permissive left turn phasing. New timing plans were prepared to accommodate the upgrades at all
ten locations.
LIMONITE AVENUE PEDESTRIAN HYBRID BEACON
HR Green, on behalf of the City, managed the design of a new pedestrian hybrid beacon at the intersection of Limonite
Avenue and Marlatt Street in the City of Jurupa Valley. The corridor was first studied to determine if a traffic signal would
be warranted and if so, what location. No new traffic signals were warranted, but due to an existing entrance to the Santa
Ana River and a bus stop a pedestrian hybrid beacon was designed to accommodate the safe crossing of pedestrians.
New traffic signal plans were prepared in addition to new timings plans for the intersection.
City of Jurupa Valley
Rod Butler
City Manager
City of Jurupa Valley
8930 Limonite Avenue
Jurupa Valley, CA 92509
P: 951.332.6464
E: rbutler@jurupavalley.org
“The City of Jurupa Valley continues
to be very pleased with the services
that we are receiving from HR Green.
HR Green provides highly competent
and experienced staff at reasonable
hourly rates. In an active and fast-
growing city like Jurupa Valley, being
able to supplement our internal team
with well-managed contract staff
makes us all the more effective
in serving our residents and the
development community.”
Rod Butler, City Manager
Page 81
City of Palm Desert
Traffic Engineering and Design Services for Traffic Signal Modifications and Hardware Updates Page 5
Since early 2019, HR Green has served the City as City Engineer, responsible
for delivering capital projects and enhancing the plan check delivery process.
Unexpectedly, HR Green’s role with the City rapidly expanded to include
all engineering duties including CIP Planning, Plan Review, and Design. This
has included serving as CIP Manager responsible for managing City’s Capital
Improvement budget and overseeing the design and construction of all capital
projects including grant writing/administration.
Our firm is delivering engineering consulting services for street improvements,
water and sewer improvements, parks, ADA access ramps and sidewalks. Shortly after start of work, the City’s
engineering department employees left the City. Our staff are involved with the projects from conception and budgeting
through construction management and close out and manage a wide array of projects for both engineering and public
works, including the City’s water/sewer system.
SAMPLE PROJECTS
CITYWIDE TRAFFIC SIGNAL SAFETY UPGRADES
HR Green provided improvement plans for FORTY (40) intersections throughout the City of Hemet.
Modifications including upgrading all existing controllers, changing existing HPS lighting to LED, and upgrading all
pedestrian signal heads to count down type. Field work was performed at all existing signal locations to document
existing equipment to confirm the upgrades necessary.
WARREN/AUTO TRAFFIC SIGNAL
HR Green, on behalf of the City, managed the design of a new traffic signal at the intersection of Warren Road
and Auto Boulevard in the City of Hemet. Consideration had to be given due to the existing jurisdictional ditch on the
west side of Warren Road as well as existing above ground power lines. Extra long mast arms would be required to
accommodate the existing conditions. New timing plans were also prepared for the intersection.
City of Hemet
Christopher Lopez
City Manager
City of Hemet
445 E. Florida Ave
Hemet, CA 92543
P: 951.765.2301
E: clopez@cityofhemet.org
“HR Green has been successful
performing City Engineering,
project support, plan checking, and
development reviews for the City
of Hemet since January 2019. HR
Green is an ideal fit for combining
experience with value by reducing
the amount of paper, time, travel, and
costs.”
Christopher Lopez, City
Manager
Page 82
4. Firm Staffing and Key Personnel
Page 83
City of Palm Desert
Traffic Engineering and Design Services for Traffic Signal Modifications and Hardware Updates Page 6
Firm Staffing and Key Personnel
Project Manager
Tim Jonasson, PE
Management Contact /
Principal-in-Charge
George A. Wentz, PE
Quality Assurance / Quality
Control Manager
Steve Loriso, PE, QSD/QSP
Chase Keys, PE - Design Lead Brian Jahn, PE - Traffic Engineering
Support
THE HR GREEN TEAM
Survey Services - The Altum Group*
Tung Hsieh, PE, PLS - Survey Services Lead
Up to 60 additional HR Green
Staff available as needed.
HR Green Design & Traffic Support Services
Jennifer Garcia, PE, QSD/QSP
Lillyanna Diaz, EIT
Dan Shane, PE, PTOE
Monica Pangco, EIT
LEGEND
Key Personnel
* Information on The Altum Group can be found on the next page
Page 84
City of Palm Desert
Traffic Engineering and Design Services for Traffic Signal Modifications and Hardware Updates Page 7
HR GREEN’S SUBCONTRACTOR FOR SURVEYING SERVICES: THE ALTUM GROUP
The Altum Group (Altum) is a multi-disciplinary consulting firm serving Southern California and Central Texas. The
firm was formed in 2009 in the Coachella Valley (and continues to maintain an office in Palm Desert) by a core group
of professionals, each with experience in providing consulting services to public and private clients. With expertise in
physical/policy planning, environmental planning, civil engineering, land surveying and geographic information systems,
fueled by hard work and success, the firm has grown to nearly 40 professionals in two states.
Page 85
5. Proposed Method to Accomplish the
Work
Page 86
City of Palm Desert
Traffic Engineering and Design Services for Traffic Signal Modifications and Hardware Updates Page 8
It is understood that the City is looking for a consultant
to provide traffic engineering and design services for
various traffic signal modifications and hardware upgrades
throughout the City on an as-needed basis. HR Green
provides this “one stop/single source” solution to process
and design these improvements. The list of services
provided in the RFP are all consistent with the successful
services the HR Green team has provided for many other
agencies. Our experience is ideally suited to deliver the
highest quality services with optimal efficiency.
In addition to being well versed in all aspects of traffic
signal design, HR Green has a unique perspective of the
process that goes into determining the need and priority
of these necessary improvements, having served as City
Engineer to various municipalities, including the City of
Palm Desert.
OUR APPROACH
Kick-Off Meeting
Hold a kick-off meeting with City staff to discuss major
features and details of the project.
Identify jurisdictional agency approval and/or permit
requirements.
Establish clear lines of communication.
Gather background data available from the City.
Discuss any special requirements, constraints, and/or
opportunities available that are in the best interest of the
City to expedite the project in a cost-effective and timely
manner.
Discuss project completion issues and milestones.
Perform field visit(s) to review and document field
conditions, verify existing topographic data, and assess
specific concerns / constraints and issues.
Task Order Negotiation
Develop, submit, refine, and negotiate task order
proposal with the City that includes a detailed scope of
work, identification of subcontract work, deliverables,
project milestone schedule, resource requirements, and
budget.
Research And Review
Upon a written notice-to-proceed, further research
and gather all available relevant information, data, and
reports.
Obtain existing drawings files for topographic and base
mapping, as-built data, survey control data, right-of-way
maps, and existing utility information from the City.
Perform a thorough field reconnaissance to confirm
accuracy of as-built information including, but not
limited to existing conduit routing, conduit capacity,
cabinet equipment, pole locations, etc.
Design Development
Review existing design documents for adequacy, value,
completeness, assumptions, and compliance with
required standards and criteria. This will help determine
if redline plans on existing as-built plans will suffice or if
new traffic signal modification plans will be required.
Proposed Method to Accomplish the Work
Page 87
City of Palm Desert
Traffic Engineering and Design Services for Traffic Signal Modifications and Hardware Updates Page 9
Complete preliminary design to effectively implement
required traffic signal improvements.
Present finding and recommendations to City for review
and concurrence.
Coordinate with other agencies or stakeholders for plan
check review and comments.
Submit construction plans, specifications, and
engineer’s estimate to City at agreed upon milestones.
Construction Support.
Assist City as-needed in responding to RFIs, evaluating
revision requests, and developing “as-built” plans.
PROJECT CONTROLS
HR Green tracks the costs on each project using our
enterprise system, Deltek, that gives us web-based,
real-time access to manage budgets and baselines;
provides multiple forecasts for projected costs and
revenue; and graphically analyzes and reports for accurate
revenue forecasts, cost management and project success.
An in-house budget tracking spreadsheet will be updated
on a weekly basis to monitor project expenditures and
ensure that the required work is completed within the
project budget. For each task, we will utilize several tools
to quickly monitor and control the labor and costs being
applied to the project to maintain accountability among
staff and team members, as well as keep the project
aligned with the budget and schedule to allow us to make
prompt changes in the allocation of resources or direction
of effort to keep the project on track. The following tools
and approaches will be utilized:
Advanced accounting system utilizing electronic
timecards provides up-to-date job cost information daily
24/7 web access to an array of accounting reports that
will track labor, expenses, subconsultants, and all job
costs
Monthly status reports of effort expended (including
subconsultants) will be generated showing real time
costs to date (since invoicing usually has some lag from
the actual project progress)
Track/monitor project costs vs. actual work completed
to identify areas that may be exceeding initial project
budget
Make corrective actions as necessary to the project plan
to compensate for areas drifting beyond budget to bring
the project back on track as soon as possible.
QUALITY ASSURANCE/QUALITY CONTROL
We are committed to a stringent Quality Assurance,
Quality Control and Constructability Review protocol for
all deliverables submitted to a client. Our QA/QC and
Constructability Review program will consist of four
primary components for your project. We call this internal
program the “four check” program for quality and success.
Check 1 – Scope of Services and Contract Review
Check 2 – Concepts and Criteria Review
Check 3 – Submittal Reviews
Check 4 – Constructability Reviews
Peer Review
Our QA/QC team members bring years of applicable
experience reviewing the design of traffic signal
improvement projects for more than 30 Southern California
agencies. They have developed and managed internal
design and construction QA/QC processes for consulting
engineering firms. Upon notice-to- proceed, our QA/QC
Team, Project Manager, Lead Engineer, and the City will
begin the QC process at the scoping stage and continue
implementation throughout the life of the project. This
allows us to operate from the “big picture” perspective
giving us greater flexibility to apply and discover innovative
ways to meet the City’s project needs while implementing
cost- and time-saving measures.
Design Risk Management
At the project identification and initiation stage, we will
hold a meeting with a team of experts and stakeholders
to discuss potential project issues and risks that may
have an impact on the proposed schedule, budget,
and success of the project. Project issues may involve
buyoff from uninvolved 3rd parties or agencies, rising
construction costs, permitting, and/or other work going
on in the project area. Once issues/risks are identified, a
plan will be put in place and incorporated into the project
management plans and schedule to manage, monitor, and
when needed, elevate these issues in order to reduce/
eliminate possible risks.
Page 88
City of Palm Desert
Traffic Engineering and Design Services for Traffic Signal Modifications and Hardware Updates Page 10
Value Engineering
We strive to identify and achieve project cost reductions
whenever possible. We start at the concept level by
gaining a full understanding of the design problem and
possible solutions which is usually accomplished at the
project definition stage. As the project progresses through
the construction phase, it is not uncommon to find
unanticipated field conditions which frequently can present
a cost liability. At this point, our team will vigorously
search out options to eliminate, transfer, share, or
reduce these unforeseen costs. In some instances these
unanticipated conditions can actually be an opportunity
for additional cost savings. We will diligently work through
construction contract close-out to save you money.
ADDITIONAL TASKS
Additional tasks that HR Green can provide include, but
are not limited to:
Bid analysis
Design support during construction
Geotechnical and survey support
Construction Inspection and Administration
SAMPLE SCHEDULE
HR Green strives to provide our services on time and
within budget. Since each assigned project will be
different in size and complexity, we have provided a
Sample Timeline below that includes typical delivery times
for standard tasks. Each project’s unique timeline will be
based on this model, but will be tailored to fit the project
and the City’s needs.
TYPICAL DELIVERABLES
HR Green is committed to transparency in our processes.
Because the specifics of each City project are not yet
known, we are providing a list of “typical” deliverables,
based on our extensive experience with projects of this
type.
Deliverables include, but are not limited to:
Traffic modification plans, specifications and engineer’s
estimate with estimated quantities
Project files including studies, plans, reports, data ,
manuals, electronic databases and any other back up
documentation for the design of the signal modifications
organized in a manner acceptable to the City
Revised striping plans for vehicles, bicycles, and golf
carts as necessary
Contact log of any discussions with any peer agencies
Meeting minutes for all coordination meetings from
project kick-off through final design
Scope, schedule and proposed project budget
Technical memos
Graphical exhibits for meetings
Meeting materials such as sign in sheets, notes,
minutes, handouts and agenda
Draft and final deliverables in electronic formats
supported by the City including ArcGIS, Google Earth,
Microsoft Office products
Conceptual, preliminary and final PS&E
Task
Project Kick-off 1 Day
Research and Preliminary Design 3 Weeks
Preliminary Design Review with the City 1 Week
95% Design 3 Weeks
City Review of 95% Design 2 Weeks
Final Design 2 Weeks
Delivery of PS&E 1 Day
Sample Timeline
Page 89
7. Appendix
Page 90
City of Palm Desert
Traffic Engineering and Design Services for Traffic Signal Modifications and Hardware Updates Page 11
Appendix
a. Litigation
HR Green Pacific, Inc. has no claims against our firm related to the provision of services within the past five (5) years.
b. Project Team Resumes
Please see the Project Team Resumes of our Key Personnel (as noted in the organization chart of Page 6) beginning on
the next page.
c. Changes to Agreement
Please see HR Green’s suggested changes to the Agreement directly after our Team’s Resumes, beginning on Page 19.
Page 91
City of Palm Desert
Traffic Engineering and Design Services for Traffic Signal Modifications and Hardware Updates Page 12
Tim Jonasson, PE
Project Manager
Tim is based in our Palm Desert office and has more than 31 years of design, CIP
program management, design management, plan review, NPDES/water quality
compliance, and construction management experience of municipal public improvement
projects, including traffic, grading, roads, drainage, water, sewer, parks, recreational
facilities, parking lots and parking structures. He has served as construction manager
and design engineer on a variety of municipal improvement projects including traffic
signals, roundabouts, bridge construction, street and landscape improvements, water
and wastewater improvements, parks construction and rehabilitation, golf course
improvements and pier reconstruction.
SELECTED PROJECT EXPERIENCE
City of Palm Desert – Interim Public Works Director
In 2018, coordinated development of the City’s CIP including bike and pedestrian
improvements. Worked closely with the Coachella Valley Association of Governments
(CVAG) to expedite design of CV Link on city streets from the Magnesia Falls Drive to
the Painter’s Path trailhead. Reviewed final design of the President’s Plaza Parking Lot
Improvements and San Pablo Phase 1 Street Improvements.
City of Palos Verdes Estates - City Engineer / Traffic Engineer
Since July 2020, Tim has been responsible for administration, design and
construction of all capital projects for the city including reviewing all traffic and
transportation improvements. Projects have included slurry seal, pavement overlay
projects and guardrail replacement projects. Currently the City’s project manager
for the Palos Verdes Drive West Corridor Improvements which include signalized
and roundabout options for two key intersections currently under design and
environmental review.
City of San Buenaventura (Ventura) - CIP Project Development
Construction Manager for all capital projects and construction inspector supervision.
This included the redevelopment of the downtown area, involving streetscape
improvements for this economic development project to revitalize the downtown
business quarter which was blighted and unfriendly to pedestrians. Tim was also
responsible for engineering project entitlement and plan check review for all private
development projects in the City.
City of La Quinta - Public Works Director/City Engineer
Oversaw a Capital Improvement Program (CIP) budget of $14.7 million and a
department operating budget of $5.3 million. Tim provided expertise and guidance
to the executive team and City Council with additional responsibility for traffic and
transportation improvements, flood plain administration, storm water protection
compliance, approval of plans for capital projects and private development and
administration of Lighting and Landscape District. He served as a working director
leading a department of 27 full-time employees (Public Works, Engineering, Planning
& Building) while providing oversight of all private development entitlement and
permitting, contracts for capital project management, construction inspection, traffic
EXPERIENCE
31+ Years
EDUCATION
BS, Civil Engineering
REGISTRATION /
LICENSE
Registered Civil Engineer,
CA 45843
Page 92
City of Palm Desert
Traffic Engineering and Design Services for Traffic Signal Modifications and Hardware Updates Page 13
engineering, fleet maintenance, and street and landscape maintenance. Some of his
key initiatives included:
▪Overseeing the design and construction of over 20 traffic signals and five
roundabouts along Highway 111 and other major arterials and collector streets
at various locations. Secured over $7 million in grant funding through the Active
Transportation Program for five additional roundabouts and signal modifications for
the La Quinta Village Road Diet Project. Secured an additional $2 million of Highway
Safety Improvement Program funding for fiber optic communication and safety lighting
along all of La Quinta’s signalized corridors.
▪Working closely with the Transportation Engineer and Police Department to
recommend traffic signal and street improvements to the highest ranked intersections
to improve safety and Level of Service for bicyclists, pedestrians and motorists as
part of an annual Traffic Safety Program.
▪Per formed analysis for CV Link alignment along the White Water River through
the City including modification to Adams Street bridge to accommodate a bicycle
underpass of the bridge.
▪Ser ved as CVAG’s subcommittee chair for the Valley-wide Signal Synchronization
Project.
▪Coordinating the City’s bike lane, golf cart ordinance and golf cart master
plans as part of the City’s General Plan update. Developed design standards for
accommodating bicyclists and non-motorized users at signalized intersections with
dedicated detection and signal timing plans.
Tim Jonasson, PE (continued)
Project Manager
Page 93
City of Palm Desert
Traffic Engineering and Design Services for Traffic Signal Modifications and Hardware Updates Page 14
George A. Wentz, PE
Principal-in-Charge / Management Contact
George serves as Vice President in the Governmental Services Business Line of HR Green,
which offers a comprehensive suite of services to help local agencies function more
effectively and efficiently. He brings more than 45 years of administrative, management,
and local government related experience, focused on delivering consulting support to
public agencies. He has served as City Manager, Assistant City Manager, Public Works
Director, City Engineer, Building Official, Planning Director, Traffic Engineer and Economic
Development Manager.
George has directed and administered projects which range from on-call support to full
city contract services. His responsibilities have ranged from accountability for day-to-day
completion of activities associated with a contract to Principal-in-Charge of particular
projects. His managerial experience and high level of success is well documented and
recognized by the cities he has served.
SELECTED PROJECT EXPERIENCE
On-Call Design Engineering, Various Southern California Cities – Principal-in-
Charge
Principal-in-Charge for the provision of various on call contract services to local
government. His oversight has included engineering design, construction management,
inspection services associated with CIP infrastructure, building facilities, and/or land
development projects, involving road improvements, utilities, traffic signals, essential
facilities, parks, and mixed-use development.
Some of the agencies that he has served over the years include the Cities of: Rancho
Santa Margarita, San Clemente, Mission Viejo, Laguna Hills, Laguna Niguel, Irvine,
Orange, Placentia, Palos Verdes Estates, Rancho Palos Verdes, Rolling Hills Estates,
Yorba Linda, Pomona, Jurupa Valley, Diamond Bar, Grand Terrace, Lake Elsinore,
Corona, Azusa, San Gabriel, and the County of Orange.
Most recently, Contract Deputy City Manager, City of Jurupa Valley
Deputy City Manager responsible for oversight of all City operations. His oversight
has included Economic Development, Planning/Community Development, Engineering,
Public Works, Building & Safety, Code Enforcement, Development Services, IT,
E-government, Inspection, and Counter Services. Under George’s leadership, HR Green
has provided Administrative, Engineering/Design, Public Works, Building/Safety and
Code Enforcement contract services to the City. He has taken the lead to help the city
secure millions of dollars from various funding sources to help the city improve its
facilities. The city has had a robust CIP program over the years which George has
administered from securing funding to completion of construction. He has helped secure
over $30 million in various funding sources to secure and improve facilities and deliver
roadway construction projects citywide. The city has also achieved full cost recovery for
departmental services.
EXPERIENCE
45+ Years
EDUCATION
Master, Public
Administration
Bachelor of Science, Civil
Engineering
REGISTRATION /
LICENSE
Registered Civil Engineer,
CA, #43273
Professional Engineer, CO,
#0018808
PROFESSIONAL
ASSOCIATIONS
International City/County
Management Association
(ICMA)
American Public Works
Association (APWA)
SPECIALIZED TRAINING
& CERTIFICATIONS
45+ years municipal
services management
Principal-in-Charge for
multi-faceted consulting to
many Southern California
cities
Page 94
City of Palm Desert
Traffic Engineering and Design Services for Traffic Signal Modifications and Hardware Updates Page 15
Steve Loriso, PE, QSD/QSP
Quality Assurance / Quality Control Manager
Steve has more than 20 years of design, CIP program management, design management,
plan review, NPDES/water quality compliance, permitting, and construction management
experience of municipal public improvement projects. Types of projects include roads,
drainage, water, sewer, traffic, grading, and parking lots. Steve has managed the
implementation of the Municipal Separate Storm Sewer System (MS4) Permit for
various municipalities; performed review of compliance documents for private and public
developments and acted as the owner’s representative and liaison between design teams
and general contractors on facility and infrastructure construction projects.
SELECTED PROJECT EXPERIENCE
CIP Project / Construction Management, City of Pomona
Project Manager for the provision of construction management for the installation of
Americans with Disability Act (ADA) improvements, signal conduit and minor drainage
improvements on Mission Boulevard. The project is immediately adjacent to commercial
and residential properties that needed to be kept informed as to the progress of the
project as well as given advanced notice anytime access to their property would be
impacted. Also required oversight of contractor claims, federal funding requirements
and field operations to verify the project was completed in conformance with contract
documents and that the City had all the necessary documentation to be expeditiously
reimbursed by state and/or federal agencies. Activities included developing an
emergency response plan, QA/Inspection plan, disputes/claims management plan and a
variety of documentation and records.
CIP Project / Construction Management, City of San Gabriel
Project Manager for the construction management and inspection of a critical, multi-
phased pavement rehabilitation of Del Mar Avenue. This project was the first of
three phases of pavement rehabilitation on Del Mar Avenue funded by the California
Infrastructure and Economic Development Bank. Project involved pulverization of
existing asphalt concrete pavement and placement of new ARHM. Also, oversaw soils
and materials testing services.
CIP Project Mangement, Municipal Engineering, Land Development, City of
Jurupa Valley
City Engineer responsible for managing City’s Capital Improvement budget, plan
checking of land development projects, overseeing the design and construction of
all capital projects, facilitating the MS4 Permit and stormwater quality compliance
requirements, and grant writing/administration. Some infrastructure projects have
involved improvements to arterials/corridors and incorporation of Complete Streets
elements. Coordinated the design and construction of Jurupa Community Services
District $60 million water and sewer CIP Program, comprised mostly of water and
sewer pipeline (new and replacement) within the City right-of-way. Project Manager for
design and construction of nearly $750K worth of drainage improvements. The drainage
improvements were necessary to protect private properties that continually experienced
flooding. Since many of the areas that experience flooding throughout the City are
rural with urbanized improvements, installing conventional drainage improvements (i.e.,
connection to existing drainage facilities, etc.) was not feasible. Therefore, engineering
creativity was employed by utilizing infiltration devices in order to mitigate the storm
flows to a manageable and safe level.
EXPERIENCE
20+ Years
EDUCATION
BS, Civil Engineering
REGISTRATION /
LICENSE
Registered Civil Engineer,
CA #64701
Qualified SWPPP
Developer/Practitioner
(QSD/QSP), CA #00503
SPECIALIZED TRAINING
& CERTIFICATIONS
20+ Years Municipal
Engineering, Plan
Review and Construction
Management, 20+ Public
Agencies
Design Engineer, 15+
Southern California
Agencies
Extensive Grant Funding /
Management Experience
Page 95
City of Palm Desert
Traffic Engineering and Design Services for Traffic Signal Modifications and Hardware Updates Page 16
Chase Keys, PE
Design Lead
Chase brings comprehensive experience in CIP Program Management, design
management, plan review, and construction management experience of municipal
public improvement projects. His experience includes a multi-faceted involvement with
Engineering and Public Works Departments as well as NPDES compliance operations.
Types of projects include roads, drainage, water, sewer, traffic, and parking lots. Chase
has helped prepare grant applications for federal, state, and regional funding. Moreover,
he has assisted in both the office and field on construction projects, and processed
paperwork through Caltrans Local Assistance and regional transportation agencies. He
has served as CIP Manager for the Cities of Jurupa Valley and Hemet and has also served
on site at the Cities of Lake Elsinore, Palos Verdes Estates, and Beaumont in delivering
a broad array of CIP and land development projects. He has also served the County of
Orange in reviewing plans.
SELECTED PROJECT EXPERIENCE
FY 2020/21 Traffic Signal Modifications, City of Rancho Cucamonga
Project Manager for the preparation of traffic signal modification plans for three
intersections in Rancho Cucamonga; Lemon Avenue and Carnelian Street, Base Line
Road and Etiwanda Avenue, and Foothill Boulevard and Etiwanda Avenue. These
modifications included the re-wiring of the existing signals, replacing existing cabinet/
controller assemblies, installing new or replacing ex. conduit, and pulling new wire for
future video detection upgrades.
Foothill Boulevard Pavement Rehabilitation, City of Rancho Cucamonga
Project Manager for the rehabilitation of Foothill Boulevard from Milliken Avenue to
Monet Street. The design included a cold mill and overlay of the existing AC pavement.
The revised signing and striping plans included not only the three existing travel lanes in
each direction, but the addition of new Class II bike lanes throughout the corridor.
Traffic Signal Installation - Pedley/Jurupa, City of Jurupa Valley
Project Manager serving on behalf of the City of Jurupa Valley to oversee the design of
the traffic signal improvements at Pedley Road/Jurupa Road. The existing intersection
was stop controlled and intersected a Union Pacific Railroad Line. The project included
the addition of a new traffic signal, railroad signal/preemption, widening of the
intersection to accommodate a dedicated through lane as well as dedicated right and
left turn lanes at all legs of the intersection, and associated signing and striping.
Traffic Signal Modifications (Protected/Permissive), City of Jurupa Valley
Project Manager serving on behalf of the City of Jurupa Valley to oversee the design of
the traffic signal modifications at ten signalized intersections throughout the City. The
ten intersections operated either protected or permissive while the project modified
each intersection to operate as protected/permissive and upgraded each intersection
with new five-section flashing yellow arrow signal heads. The project began with a
study of each intersection to look at sight distance and crash history to determine if
protected/permissive operations would be feasible. The final design included ten full
signal plans to document existing and proposed improvements as record as-built plans
as well as preparation of new signal timing to be implemented in the field.
EXPERIENCE
9 Years
EDUCATION
BS, Civil Engineering
REGISTRATION /
LICENSE
Registered Civil Engineer,
CA #90593
Page 96
City of Palm Desert
Traffic Engineering and Design Services for Traffic Signal Modifications and Hardware Updates Page 17
Brian Jahn, PE
Traffic Engineering Support
Brian brings more than 36 years of transportation planning and traffic engineering
experience and knowledge for planning, design and construction of traffic control
devices, 125+ traffic signals, and neighborhood calming devices. As a City Traffic
Engineer for various municipalities, he has overseen and reviewed traffic engineering
studies and traffic impact analyses and provided recommendations for safety and
operational improvements relative to crash reduction, traffic signal warrants, speed zoning
and capacity enhancements.
SELECTED PROJECT EXPERIENCE
Traffic Support Services, Various Cities in CA
In California, Brian has provided diverse transportation planning and traffic engineering
services for the Cities of Moreno Valley, Jurupa Valley, Hemet, Rancho Cucamonga, and
Victorville.
City Traffic Engineer, City of Denton, TX
Brian provided city traffic engineering services to the City of Denton, overseeing
the City’s Traffic Engineering Section. He oversaw city and development-generated
construction-related traffic control plans, managed the citywide traffic data collection
program, oversaw citizen requests regarding traffic operations, and was responsible
for the planning, design, and construction of traffic control devices and neighborhood
traffic calming devices. In addition, Brian has managed all school and school-zone
related activities, including a $12M 2019 Bond Safe Routes to School/Sidewalk
program.
City Traffic Engineer, City of Fort Worth, TX
Brian supervised seven professional engineers and 6 engineering technicians who
were responsible for reviewing new and re-development plans for compliance to
existing traffic-related ordinance requirements. He presented recommendations to the
Fort Worth City Council & Planning Commission regarding development issues and
city-wide traffic initiatives. He administered a $1,500,000 annual traffic improvement
construction budget targeted at traffic calming, traffic safety, pedestrian and school-
related improvements. He administered a $10M bond-funded SRTS/sidewalk program
and supervised a $5M RR crossing and Quiet Zone program. He prepared the Traffic
Engineering annual budget. He developed new traffic-related ordinances (i.e. access,
visibility, construction standards) as well as modified existing ordinances. He developed
and implemented updated traffic signal timing plans for the City-owned traffic signals.
EXPERIENCE
36 Years
EDUCATION
BS, Civil Engineering
REGISTRATION /
LICENSE
Registered Professional
Engineer, Texas, #70477
SPECIALIZED TRAINING
& CERTIFICATIONS
Community School Zone
Safety, TEEX
Traffic Signal Operations,
Georgia Institute of
Technology
Integrated Emergency
Management Course -
Hurricane: Preparedness
and Response, FEMA
Emergency Management
Institute
Page 97
City of Palm Desert
Traffic Engineering and Design Services for Traffic Signal Modifications and Hardware Updates Page 18
Tung Hsieh, PE, PLS (The Altum Group)
Survey Services Lead
Tung has over 20 years of experience in Land Surveying and Civil Engineering design.
A skilled surveyor and engineer, he utilizes CAD drafting, land surveying and design
support on all of his project work. His experience includes record of surveys, tentative
maps, parcel maps, final maps, environmental constraint sheets, lot line adjustment,
parcel merger, certificate of compliance, construction staking layout, transmission
line layout, plot plans, commercial ALTAs, large solar and wind project ALTAs, right of
way conveyance, legal description and plat preparation and survey map check. Tung
is an experienced surveyor with recent infrastructure experience on the Highway
111 Street Improvements project in the City of Indio, the Alessandro Alley
Improvements Project in the City of Palm Desert, and the Pierce Street Sewer
Extension Project in Unincorporated Riverside County.
EXPERIENCE
20+ Years
EDUCATION
MS, Civil Engineering
BS, Civil Engineering
REGISTRATION /
LICENSE
Professional Land
Surveyor, CA, #8722
PE, CA #70278
Page 98
City of Palm Desert
Traffic Engineering and Design Services for Traffic Signal Modifications and Hardware Updates Page 19
c. Changes to Agreement
HR Green currently maintains a contract with the City of Palm Desert and are confident we
can enter into a similar agreement as the previous contract. The sample contract provided contains
language that should be modified or clarified to be more specific to the services being delivered. Based on our review, we
believe the following revisions will provide greater clarity as to contractual obligations as well as compliance with state
law requirements, which will benefit both parties. HR Green would like the opportunity to work with the City to develop the
proposed agreement and address these very specific issues. We would be prepared to discuss these matters immediately
upon selection to assure that no time is lost and that the proposed work can be carried out in a timely manner.
City of Palm Desert - On-Call Consultant Services for Surveying and Engineering Plan Review (20-18)
Page | 30
C hanges to Agreement
HR Green has previously maintained a contract with the City of Palm Desert and are confident we
can enter into a similar agreement as the previous contract. The sample contract provided contains
language that should be modified or clarified to be more specific to the services being delivered. Based
on our review, we believe the following revisions will provide greater clarity as to contractual obligations
as well as compliance with state law requirements, which will benefit both parties. HR Green would like
the opportunity to work with the City to develop the proposed agreement and address these very specific
issues. We would be prepared to discuss these matters immediately upon selection to assure that no
time is lost and that the proposed work can be carried out in a timely manner.”
Rationale: If changes are unacceptable, this will require approval by HR Green’s CEO.
Under 3.2.11.2 Other Provisions or Requirements
Rationale: HR Green provides proof of insurance to the City.
Rationale: Consultant should not be responsible for documents and their use by the City after expiration
of this Agreement.
City of Palm Desert - On-Call Consultant Services for Surveying and Engineering Plan Review (20-18)
Page | 30
C hanges to Agreement
HR Green has previously maintained a contract with the City of Palm Desert and are confident we
can enter into a similar agreement as the previous contract. The sample contract provided contains
language that should be modified or clarified to be more specific to the services being delivered. Based
on our review, we believe the following revisions will provide greater clarity as to contractual obligations
as well as compliance with state law requirements, which will benefit both parties. HR Green would like
the opportunity to work with the City to develop the proposed agreement and address these very specific
issues. We would be prepared to discuss these matters immediately upon selection to assure that no
time is lost and that the proposed work can be carried out in a timely manner.”
Rationale: If changes are unacceptable, this will require approval by HR Green’s CEO.
Under 3.2.11.2 Other Provisions or Requirements
Rationale: HR Green provides proof of insurance to the City.
Rationale: Consultant should not be responsible for documents and their use by the City after expiration
of this Agreement.
Page 99
City of Palm Desert
Traffic Engineering and Design Services for Traffic Signal Modifications and Hardware Updates Page 20
City of Palm Desert - On-Call Consultant Services for Surveying and Engineering Plan Review (20-18)
Page | 31
At top of page 22 (1st paragraph) under 3.6.3.1 Documents & Data: Licensing of Intellectual Property
Rationale: Consultant should not be responsible for documents and their use by the City after expiration
of this Agreement.
Rationale: Consultant should only be responsible for its actions by the City.
Rationale: Consultant should only be responsible for negligent acts to protect both parties.
Page 100
HRGREEN.COM
TRANSPORTATION
+
WATE R
+
GOVERNMENTAL SERVICES
+
LAND DEVELOPMENT
+
ENVIRONMENTAL
+
CONSTRUCTION
Page 101
FEBRUARY 23, 2022
City of Palm Desert
COST PROPOSAL FOR
TRAFFIC ENGINEERING AND DESIGN SERVICES FOR TRAFFIC
SIGNAL MODIFICATIONS AND HARDWARE UPGRADES
PROJECT NO. 569-22
Tim Jonasson, PE
44651 Village Court, Suite 123
Palm Desert, CA 92260
Office 760.262.4311 + Direct 760.250.6722
tjonasson@hrgreen.com
Page 102
City of Palm Desert - COST PROPOSAL
Traffic Engineering and Design Services for Traffic Signal Modifications and Hardware Updates Page 1Page | 1 of 2
FEE PROPOSAL
HR Green Pacific, Inc. Hourly Fee Schedule
Personnel Classification Hourly Billing Rate Prevailing Wage Rate
Principal-in-Charge/QA/QC $220-310
Project Manager $185-240
Senior Professional/Project Engineer $170-230
Traffic Engineer $180-230
Professional Engineer $155-195
Associate Engineer $140-180
Assistant Engineer $120-160
Senior Design Technician $140-175
Design Technician $110-135
GIS Specialist $105-155
Technician $ 85-120
Construction Manager $155-215
Senior Construction/Public Works Inspector $115-140 $142
Construction/Public Works Inspector $90-120 $142
Administrative Assistant $ 75-105
Notes:
1. Other classifications are available based upon the needs of the agency.
2. All general engineering tasks will be negotiated on a case-by-case basis using the hourly rates
provided for personnel assigned to the contract.
Page 103
City of Palm Desert - COST PROPOSAL
Traffic Engineering and Design Services for Traffic Signal Modifications and Hardware Updates Page 2Page | 2 of 2
Professional Reimbursement / Hourly and Overtime Rates: The hourly billing rates include the cost of
salaries of the HR Green employees, plus sick leave, vacation, holiday and other fringe benefits. The
percentage added to salary costs includes indirect overhead costs and fee (profit). All employees classified
as “non-exempt” by the U.S. Department of Labor will be compensated at 1.5 times salary, as per state and
Federal wage and hour for overtime hours. Billing rates will be calculated accordingly for overtime hours.
Prevailing Wage: Please note that for prevailing wage projects the total project cost can be higher than
HR Green would otherwise charge. For prevailing wage projects, the billing rates for straight time will be
as shown above. Overtime, weekend, holiday, and other special pay rates defined by the State of
California Department of Industrial Relations Group II “Construction Inspector and Field Soils and
Materials Tester” will be multiples of the straight hourly rates shown. Overtime and Saturday work will be
billed at 1.5 times that shown above. Sunday and State Holidays will be billed at 2.0 times that shown
above.
The rates provided are based on the prevailing wage determination at the time of the proposal. In years
marked with a double asterisk (**) by the Department of Industrial Relations, the rates will be adjusted on
the effective dates established by the State and pursuant to the pre-determined escalation rates.
Direct/Reimbursable Expenses and Subconsultants: Reimbursement for direct expenses, as listed
below, incurred in connection with the work, will be at cost plus 15% for items such as:
• Subconsultants and other outside services, if needed.
• Special fees, insurance, permits, and licenses applicable to the work.
• Mileage and vehicle costs directly related to agency services.
Our hourly fees/rates shall remain effective through December 31, 2022 and may be adjusted
annually thereafter as negotiated with and agreed to by the agency.
Page 104
City of Palm Desert - COST PROPOSAL
Traffic Engineering and Design Services for Traffic Signal Modifications and Hardware Updates Page 3
44-600 Village Court, Suite 100
Palm Desert, CA 92260
(760) 346-4750 Tel
(760) 340-0089 Fax
Staff Member Hourly Rate
Principal $194.00
Director $171.00
Senior Project Manager $166.00
Project Manager $159.00
Assistant Project Manager $149.00
Senior Associate $138.00
Associate $122.00
Assistant $95.00
Project Coord/Technician $83.00
Administrative Assistant/Clerical $61.00
Intern $39.00
Utility Location, GIS and Drone Services:
Mobilization - 1st Hour $157.00
1-Man Crew - Non Prevailing $95.00
2-Man Crew - Non Prevailing $180.00
1-Man Crew - Prevailing $131.00
2-Man Crew - Prevailing $262.00
Survey Services:
Survey Crew - Non Prevailing $235.00
Survey Crew - Prevailing $290.00
Survey Crew Rates:
Hourly rates include standard 2-man crew, 1-man robotic crew and 1-man GPS crew.
A two-hour minimum applies for all field services.
Reimbursables Expenses:
Mileage is billed at IRS business rate plus 15%
Printing, reproduction, etc. are billed at direct cost plus 15%
Altum's Schedule of Hourly Rates is subject to change based on an annual review of the
cost of living and employee wage increases. In the event Altum's Schedule of Hourly Rates
changes, a corresponding percentage increase shall be applied to all remaining Agreement
budgets and such Schedule of Hourly Rates shall apply to subsequent Extra Work. If
Consultant works in excess of 8.0 hours in a day or 40.0 hours in a week at Client direction,
overtime rates will apply.
2022 SCHEDULE OF HOURLY RATES
F:\rate schedule\2022 Schedule of Hourly Rates - CA - DRAFT.xlsx
Page 105
HRGREEN.COM
TRANSPORTATION
+
WATER
+
GOVERNMENTAL SERVICES
+
LAND DEVELOPMENT
+
ENVIRONMENTAL
+
CONSTRUCTION
Page 106
!(
!(
!(
!(!(!(!(!(!(!(!(!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(!(!(!(!(!(!(!(!(!(!(!(!(!(
!(!(!(!(!(!(!(
!(
!(
!(
!(
!(
!(
!(
!(
!(!(!(!(
!(
!(
!(!(!(
!(
!(
!(
!(!(!(
!(
!(
!(!(
!(!(!(!(!(!(!(
!(
!(!(!(!(!(
!(
!(
!(
!(
!(
!(!(!(!(
!(
!(
!(
!(
!(
!(
!(COOKMONTEREYCOUNTRY CLUB
FRED WARING
HIGHWAY 111
FRANK SINATRAPORTOLA
WASHINGTONDINAH SHORE
GERALD FORD
PORTOLAFRED WARING
HOVLEY
HIGHWAY 74PORTOLAELDORADOGERALD FORDTOWN CENTERCALIFORNIA
HAYSTACK
HOVLEY
WARNERFAIRWAY
MERLE
CO
L
L
E
G
E
DE ANZA
MAGNESIA FALLS
42ND
ALESSANDRO
SHADOW MOUNTAIN KANSASPITAHAY
A
RUTLEDGE
EDGEHILL
SAN GORGONIO DEEP CANYONDOLCE
HARRISSAN PASCUALCAHUILLA CORPORATEPAINTERSDEEP CANYONCity of Palm Desert - Signalized Intersections
¯
Legend
!(Signalized Intersections
Palm Desert Boundary
Page 107
[This page has intentionally been left blank.]
Page 108
CONTRACT NO. __________
STAFF REPORT
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
MEETING DATE: April 14, 2022
PREPARED BY: Audrey Nickerson, Project Manager
REQUEST: Award Contract No. ______ in the amount of $280,565 to TJKM
Transportation Consultants of Pleasanton, California, for
Professional Engineering and Design Services for the Highway
Safety Improvement Program, Cycle 10, Traffic Signal
Improvements (Project No. 600-21)
___________________________________________________________________________
Recommendation
By Minute Motion:
1.Award Contract No. ______ in the amount of $280,565 to TJKM
Transportation Consultants of Pleasanton, California, for professional
engineering and design services for the Highway Safety Improvement
Program (HSIP) Cycle 10, Traffic Signal Improvements;
2.Authorize the City Manager or designee to review and approve written
contract amendment requests for unanticipated conditions per Section
3.30.170 of the Palm Desert Municipal Code; and
3.Authorize the City Manager to execute the contract.
Funds are available in Measure A Fund Account No. 2134317-5000908, Roadway Safety
Improvements.
Strategic Plan
Implementation of State-funded transportation projects enable the City to advance the
following priorities identified in the City’s Strategic Plan, without exhausting local funds:
•Transportation Mini-Vision: By 2033, each resident and visitor will have safe,
convenient, and efficient transportation options; and
•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
On May 5, 2020, the California Department of Transportation (“Caltrans”) released a call for
projects to be funded through "Cycle 10" of the HSIP program. Staff evaluated the most recent
five years of collision data, collected during preparation of the City’s Local Roadways Safety
Page 109
CONTRACT NO. __________
April 14, 2022 - Staff Report
Award Design Contract for HSIP Cycle 10 Traffic Signal Improvements (Project No. 600-21)
Page 2 of 3
Plan, to identify pedestrian safety as an emphasis area for improvements. On September 29,
2020, staff submitted two HSIP grant applications to Caltrans. On March 26, 2021, the City
received notification that both grant applications were awarded 100 percent HSIP funding in
the amount of $2,159,800 (no local match required).
The subject of this staff report is the Traffic Signal Improvement Project with approved HSIP
funding of $1,912,600. The Traffic Signal Improvement Project includes installation of
retroreflective backplates on all signal heads throughout the City and replacement of existing
pedestrian signal heads with countdown pedestrian signal heads at 35 intersections.
The City has conducted the consultant selection process pursuant to requirements set forth
in Chapter 10 of the Caltrans Local Assistance Procedures Manual. A Request for Proposals
(RFP) for professional engineering and design services was appropriately advertised, and on
February 25, 2022, six (6) proposals were received:
Consultant Location
TJKM Transportation Consultants Pleasanton, CA
Kimley Horn Indian Wells, CA
Michael Baker International Palm Desert, CA
KOA Corporation Monterey Park, CA
Albert A. Webb Associates Riverside, CA
Minegar & Associates, Inc. Laguna Hills, CA
The internal selection committee, comprised of representatives from Public Works
department met on March 17, 2022 and reviewed the qualifications, experience, and key
personnel. Staff determined that TJKM Transportation Consultants is the most qualified
consultant to perform the services requested in the project, based on:
•Similar relevant project experience
•Project team professional qualifications
•Understanding of Caltrans Local Assistance procedures
•TJKM provided excellent service to the City for the Engineering & Traffic Survey
conducted in 2020-2021
Once the most qualified consultant was determined, the City requested a cost proposal,
including all required Caltrans forms. The committee recommends awarding the contract to
TJKM Transportation Consultants in the amount of $280,565.00.
Fiscal Analysis
The project is funded with HSIP state-only monies. The environmental and engineering design
(Preliminary Engineering) phase of the Project has been programmed with $325,000 of HSIP
State-only funds; therefore, sufficient funds are available to approve the proposed
professional services agreement with TJKM in the amount of $280,565.
The entire contract amount is funded 100% with State-only HSIP funds, so no local match will
be required for this project.
Page 110
CONTRACT NO. __________
April 14, 2022 - Staff Report
Award Design Contract for HSIP Cycle 10 Traffic Signal Improvements (Project No. 600-21)
Page 3 of 3
The approved Capital Improvement Project (CIP) List for Fiscal Year 2021-22 includes a total
of $2,213,000 in Measure A Funds for roadway safety improvements. Monthly invoices will
be paid via Account No. 2134317-5000908 and submitted to Caltrans for 100%
reimbursement.
The 2-Year funding breakdown for the project is as follows:
Project Funding
Source
Fiscal
Year
Description Budget for
this Project
Actual Costs
To Date*
Neighborhood
Traffic
Calming
Program
Measure A FY21/22 Design $550,000 $280,565
FY22/23 Construction $1,663,00
Totals $2,213,000 $280,565
* Bolded amount is the subject of this request.
LEGAL REVIEW DEPT. REVIEW FINANCIAL
REVIEW
ASSISTANT
CITY MANAGER
N/A
Robert W. Hargreaves
City Attorney
Andy Firestine
Andy Firestine
Director of Public Works
Veronica Chavez
Veronica Chavez
Director of Finance
Andy Firestine
Andy Firestine
Assistant City Manager
City Manager, L. Todd Hileman: L. Todd Hileman
CONSULTANT: TJKM Transportation Consultants
4305 Hacienda Drive, Suite 550
Pleasanton, CA 94588
ATTACHMENT: 1) Agreement
2) Proposal
3)Vicinity Map
Page 111
Contract No. ____________
CITY OF PALM DESERT
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 14th day of April, 2022, by and between the
City of Palm Desert, a municipal corporation organized under the laws of the State of California
with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-
2578, County of Riverside, State of California (“City”) and TJKM Transportation Consultants, a
FLORIDA CORPORATION, with its principal place of business at 4305 HACIENDA DRIVE,
SUITE 550, PLEASANTON, CALIFORNIA 94588 ("Consultant"). City and Consultant are
sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Project.
The City is a public agency of the State of California and is in need of professional services
for the following project:
HSIP Cycle 10 – Traffic Signal Improvements
(hereinafter referred to as “the Project”).
2.2 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this Agreement.
Consultant is duly licensed and has the necessary qualifications to provide such services.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to
furnish to the City all labor, materials, tools, equipment, services, and incidental and customary
work necessary to fully and adequately supply the services necessary for the Project ("Services").
The Services are more particularly described in Exhibit "A" attached hereto and incorporated
herein by reference. All Services shall be subject to, and performed in accordance with, this
Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable
local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from May 1, 2022, to
December 31, 2023, unless earlier terminated as provided herein Consultant shall complete the
Services within the term of this Agreement, and shall meet any other established schedules and
deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Independent Contractor; Control and Payment of Subordinates.
The Services shall be performed by Consultant or under its supervision. Consultant will determine
the means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Any personnel performing the Services shall not be employees of City and shall at all times be
under Consultant's exclusive direction and control. Neither City, or any of its officials, officers,
directors, employees or agents shall have control over the conduct of Consultant or any of
Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall
pay all wages, salaries, and other amounts due such personnel in connection with their
Page 112
Contract No. ____________
Exhibit “A”
performance of Services under this Agreement and as required by law. Consultant shall be
responsible for all reports and obligations respecting such additional personnel, including, but not
limited to: social security taxes, income tax withholding, unemployment insurance, disability
insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services in a
prompt and timely manner in accordance with the Schedule of Services set forth in Exhibit "A"
attached hereto and incorporated herein by reference. Consultant represents that it has the
professional and technical personnel required to perform the Services expeditiously. Upon
request of City, Consultant shall provide a more detailed schedule of anticipated performance to
meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City
that certain key personnel will perform and coordinate the Services. Should one or more of such
personnel become unavailable, Consultant may substitute other personnel of at least equal
competence upon written approval of City. In the event that City and Consultant cannot agree as
to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause.
The key personnel for performance of this Agreement are as follows: Ruta Jariwala, Principal.
3.2.5 City's Representative. The City hereby designates Audrey
Nickerson, Project Manager, or his/her designee, to act as its representative in all matters
pertaining to the administration and performance of this Agreement ("City's Representative").
City's Representative shall have the power to act on behalf of the City for review and approval of
all products submitted by Consultant but not the authority to enlarge the scope of Services or
change the total compensation due to Consultant under this Agreement. The City Manager shall
be authorized to act on City's behalf and to execute all necessary documents which enlarge the
scope of services or change the Consultant's total compensation subject to the provisions
contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from
any person other than the City Manager, City's Representative or his/her designee.
3.2.6 Consultant's Representative. Consultant hereby designates Ruta
Jariwala, Principal, or his/her designee, to act as its representative for the performance of this
Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority
to represent and act on behalf of the Consultant for all purposes under this Agreement. The
Consultant's Representative shall supervise and direct the Services, using his/her best skill and
attention, and shall be responsible for all means, methods, techniques, sequences, and
procedures and for the satisfactory coordination of all portions of the Services under this
Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with
City staff in the performance of Services and shall be available to City's staff, consultants and
other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall
perform all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in the
State of California. Consultant represents and maintains that it is skilled in the professional calling
necessary to perform the Services. Consultant warrants that all employees and subconsultants
Page 113
Contract No. ____________
Exhibit “A”
shall have sufficient skill and experience to perform the Services assigned to them. Consultant
represents that it, its employees and subconsultants have all licenses, permits, qualifications and
approvals of whatever nature that are legally required to perform the Services, and that such
licenses and approvals shall be maintained throughout the term of this Agreement. Consultant
shall perform, at its own cost and expense and without reimbursement from the City, any services
necessary to correct errors or omissions which are caused by the Consultant's failure to comply
with the standard of care provided herein. Any employee of the Consultant or its sub-consultants
who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely
completion of the Project, a threat to the safety of persons or property, or any employee who fails
or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed
from the Project by the Consultant and shall not be re-employed to perform any of the Services
or to work on the Project.
3.2.9 Period of Performance. Consultant shall perform and complete all
Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance
Time”). Consultant shall also perform the Services in strict accordance with any completion
schedule or Project milestones described in Exhibit “A” attached hereto, or which may be
separately agreed upon in writing by the City and Consultant (“Performance Milestones”).
Consultant agrees that if the Services are not completed within the aforementioned Performance
Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of
this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
Neither City nor Consultant shall be considered in default of this Agreement for delays in
performance caused by circumstances beyond the reasonable control of the non-performing
Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A
Force Majeure Event shall mean an event that materially affects a Party’s performance and is one
or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a
public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable
and unforeseeable delay in the issuance of permits or approvals by governmental authorities that
are required for the services); (4) strikes and other organized labor action occurring at the site
and the effects thereof on the services, only to the extent such strikes and other organized labor
action are beyond the control of Consultant and its subcontractors, and to the extent the effects
thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or
quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes
ordinances, emergency proclamations and orders, rules to protect the public health, welfare and
safety, and other actions of a public agency applicable to the services and Agreement.
Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of
being prevented from performing, give written notice to the other Party describing the
circumstances preventing continued performance and the efforts being made to resume
performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party
responsible for the delay, shall not entitle Consultant to any additional compensation.
Notwithstanding the foregoing in this section, the City may still terminate this Agreement in
accordance with the termination provisions of this Agreement.
3.2.10 Laws and Regulations; Employee/Labor Certification. Consultant shall
keep itself fully informed of and in compliance with all local, state and federal laws, rules and
regulations in any manner affecting the performance of the Project or the Services, and shall give
all notices required by law. Consultant shall be liable for all violations of such laws and regulations
in connection with the Services and this Agreement. All violations of such laws and regulations
shall be grounds for the City to terminate the Agreement for cause.
Page 114
Contract No. ____________
Exhibit “A”
3.2.10.1 Employment Eligibility; Consultant. Consultant
certifies that it fully complies with all requirements and restrictions of state and federal law
respecting the employment of undocumented aliens, including, but not limited to, the Immigration
Reform and Control Act of 1986, as may be amended from time to time and shall require all
subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has
not committed a violation of any such law within the five (5) years immediately preceding the date
of execution of this Agreement, and shall not violate any such law at any time during the term of
the Agreement.
3.2.10.2 Equal Opportunity Employment. Consultant represents that
it is an equal opportunity employer and it shall not discriminate against any subconsultant,
employee or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities
related to initial employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's
Minority Business Enterprise program, Affirmative Action Plan or other related programs or
guidelines currently in effect or hereinafter enacted.
3.2.10.3 Safety. Consultant shall execute and maintain its work so
as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant
shall at all times be in compliance with all applicable local, state and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of employees appropriate
to the nature of the work and the conditions under which the work is to be performed.
3.2.11 Insurance.
3.2.11.1 Minimum Requirements. Without limiting Consultant’s
indemnification of City, and prior to commencement of the Services, Consultant shall obtain,
provide and maintain at its own expense during the term of this Agreement, policies of insurance
of the type and amounts described below and in a form that is satisfactory to City.
(A) General Liability Insurance. Consultant shall maintain
commercial general liability insurance with coverage at least as broad as Insurance Services
Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general
aggregate, for bodily injury, personal injury, and property damage. The policy must include
contractual liability that has not been amended. Any endorsement restricting standard ISO
“insured contract” language will not be accepted.
(B) Automobile Liability Insurance. Consultant shall maintain
automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering
bodily injury and property damage for all activities of the Consultant arising out of or in connection
with Work to be performed under this Agreement, including coverage for any owned, hired, non-
owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each
accident. The City’s Risk Manger may modify this requirement if it is determined that Consultant
will not be utilizing a vehicle in the performance of his/her duties under this Agreement.
(C) Professional Liability (Errors & Omissions) Insurance.
Consultant shall maintain professional liability insurance that covers the Services to be performed
in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the
aggregate. Any policy inception date, continuity date, or retroactive date must be before the
Page 115
Contract No. ____________
Exhibit “A”
effective date of this Agreement and Consultant agrees to maintain continuous coverage through
a period no less than three years after completion of the Services required by this Agreement.
(D) Workers’ Compensation Insurance. Consultant shall
maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance
(with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents,
employees, volunteers and representatives.
(E) Umbrella or Excess Liability Insurance. Consultant may opt
to utilize umbrella or excess liability insurance in meeting insurance requirements. In such
circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance
policy with limits that will provide bodily injury, personal injury and property damage liability
coverage at least as broad as the primary coverages set forth above, including commercial
general liability and employer’s liability. Such policy or policies shall include the following terms
and conditions:
(1) A drop down feature requiring the policy to respond if
any primary insurance that would otherwise have
applied proves to be uncollectible in whole or in part for
any reason;
(2) Pay on behalf of wording as opposed to reimbursement;
(3) Concurrency of effective dates with primary policies; and
(4) Policies shall “follow form” to the underlying primary
policies.
(5) Insureds under primary policies shall also be insureds
under the umbrella or excess policies.
(F) Fidelity Coverage. Reserved.
(G) Cyber Liability Insurance. Reserved.
If coverage is maintained on a claims-made basis, Consultant shall maintain such coverage for
an additional period of three (3) years following termination of the Agreement.
3.2.11.2 Other Provisions or Requirements.
(A) Proof of Insurance. Consultant shall provide certificates of
insurance to City as evidence of the insurance coverage required herein, along with a waiver of
subrogation endorsement for workers’ compensation. Insurance certificates and endorsements
must be approved by City’s Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file with City at all times during the term of this
Agreement. City reserves the right to require complete, certified copies of all required insurance
policies, at any time.
(B) Duration of Coverage. Consultant shall procure and
maintain for the duration of the Agreement insurance against claims for injuries to persons or
Page 116
Contract No. ____________
Exhibit “A”
damages to property, which may arise from or in connection with the performance of the Services
hereunder by Consultant, his/her agents, representatives, employees or subconsultants.
(C) Primary/Non-Contributing. Coverage provided by
Consultant shall be primary and any insurance or self-insurance procured or maintained by City
shall not be required to contribute with it. The limits of insurance required herein may be satisfied
by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance
shall contain or be endorsed to contain a provision that such coverage shall also apply on a
primary and non-contributory basis for the benefit of City before the City’s own insurance or self-
insurance shall be called upon to protect it as a named insured.
(D) City’s Rights of Enforcement. In the event any policy of
insurance required under this Agreement does not comply with these specifications, or is
canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will
withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City
may terminate this Agreement.
(E) Acceptable Insurers. All insurance policies shall be issued
by an insurance company currently authorized by the Insurance Commissioner to transact
business of insurance or is on the List of Approved Surplus Line Insurers in the State of California,
with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or
larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise
approved by the City’s Risk Manager.
(F) Waiver of Subrogation. All insurance coverage maintained
or procured pursuant to this agreement shall be endorsed to waive subrogation against the City,
its elected or appointed officers, agents, officials, employees, volunteers, and representatives or
shall specifically allow Consultant or others providing insurance evidence in compliance with
these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its
own right of recovery against the City, its elected or appointed officers, agents, officials,
employees, volunteers and representatives and shall require similar written express waivers and
insurance clauses from each of its subconsultants.
(G) Enforcement of Contract Provisions (non estoppel).
Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to
inform Consultant of non-compliance with any requirement imposes no additional obligations on
the City nor does it waive any rights hereunder.
(H) Requirements Not Limiting. Requirements of specific
coverage features or limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided by any insurance.
Specific reference to a given coverage feature is for purposes of clarification only as it pertains to
a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher limits than the
minimums shown above, the City requires and shall be entitled to coverage for the higher limits
maintained by the Consultant. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the City.
(I) Notice of Cancellation. Consultant agrees to oblige its
insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation
Page 117
Contract No. ____________
Exhibit “A”
(except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for
each required coverage.
(J) Additional Insured Status. General liability, automobile
liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed
to provide that the City and its officers, officials, employees, agents, volunteers and
representatives shall be additional insureds with regard to liability and defense of suits or claims
arising out of the performance of the Agreement, under such policies. This provision shall also
apply to any excess/umbrella liability policies.
(K) Prohibition of Undisclosed Coverage Limitations. None of
the coverages required herein will be in compliance with these requirements if they include any
limiting endorsement of any kind that has not been first submitted to City and approved of in
writing.
(L) Separation of Insureds. A severability of interests provision
must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately
to each insured against whom claim is made or suit is brought, except with respect to the insurer’s
limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
(M) Pass Through Clause. Consultant agrees to ensure that its
subconsultants, subcontractors, and any other party involved with the Project who is brought onto
or involved in the Project by Consultant, provide the same minimum insurance coverage and
endorsements required of Consultant. Consultant agrees to monitor and review all such coverage
and assumes all responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Consultant agrees that upon request, all agreements with
subconsultants, subcontractors, and others engaged in the Project will be submitted to City for
review.
(N) City’s Right to Revise Specifications. The City and the City’s
Risk Manager reserve the right at any time during the term of the Agreement to change the
amounts and types of insurance required by giving the Consultant ninety (90) days advance
written notice of such change. If such change results in additional cost to the Consultant, the City
and Consultant may renegotiate Consultant’s compensation. If the City reduces the insurance
requirements, the change shall go into effect immediately and require no advanced written notice.
(O) Self-Insured Retentions. Any self-insured retentions must
be declared to and approved by City. City reserves the right to require that self-insured retentions
be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to
comply with these specifications unless approved by City.
(P) Timely Notice of Claims. Consultant shall give City prompt
and timely notice of claims made or suits instituted that arise out of or result from Consultant’s
performance under this Agreement, and that involve or may involve coverage under any of the
required liability policies.
(Q) Additional Insurance. Consultant shall also procure and
maintain, at its own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the Services.
3.2.12 Water Quality Management and Compliance. Consultant shall keep itself
Page 118
Contract No. ____________
Exhibit “A”
and all subcontractors, staff, and employees fully informed of and in compliance with all local,
state and federal laws, rules and regulations that may impact, or be implicated by the performance
of the Services including, without limitation, all applicable provisions of the City’s ordinances
regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C.
§ 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000
et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority.
Consultant must comply with the lawful requirements of the City, and any other municipality,
drainage district, or other local agency with jurisdiction over the location where the Services are
to be conducted, regulating water quality and storm water discharges. Failure to comply with
laws, regulations, and ordinances listed in this Section is a violation of federal and state law.
Consultant warrants that all employees and subcontractors shall have sufficient skill and
experience to perform the work assigned to them without impacting water quality in violation of
the laws, regulations and policies of this Section.
3.3 Fees and Payments.
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 "B" attached hereto and incorporated herein by reference. The total compensation shall
not exceed Two Hundred Eighty Thousand Five Hundred Sixty-Five ($280,565) without
written approval of the City Council or City Manager, as applicable.
3.3.2 Payment of Compensation. Consultant shall submit to City monthly
invoices which provide a detailed description of the Services and hours rendered by Consultant.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed
and approved charges. If the City disputes any of Consultant's fees, the City shall give written
notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth
therein. Consultant shall submit its final invoice to City within thirty (30) days from the last date
of provided Services or termination of this Agreement and failure by the Consultant to submit a
timely invoice may constitute a waiver of its right to final payment. Payment shall not constitute
acceptance of any Services completed by Consultant. The making of final payment shall not
constitute a waiver of any claims by the City for any reason whatsoever.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any
expenses unless authorized in writing by City, or included in Exhibit "B" of this Agreement.
3.3.4 Extra Work. At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which
is determined by City to be necessary for the proper completion of the Project, but which the
Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization
from the City.
3.3.5 Cost Principles and Administrative Requirements.
3.3.5.1 The Consultant agrees that 48 CFR Part 31, Contract Cost
Principles and Procedures, shall be used to determine the allowability of individual terms of cost.
3.3.5.2 The Consultant also agrees to comply with Federal procedures in
accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards.
Page 119
Contract No. ____________
Exhibit “A”
3.3.5.3 Any costs for which payment has been made to the Consultant that are
determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are
subject to repayment by the Consultant to City.
3.3.6 Audit Review Procedures
3.3.6.1 Any dispute concerning a question of fact arising under an interim
or post audit of this Agreement that is not disposed of by Agreement, shall be reviewed by City’s
Chief Financial Officer.
3.3.6.2 Not later than thirty (30) days after issuance of the final audit
report, Consultant, may request a review by City’s Chief Financial Officer of unresolved audit
issues. The request for review will be submitted in writing.
3.3.6.3 Neither the pendency of a dispute nor its consideration by City will
excuse Consultant from full and timely performance, in accordance with the terms of this
Agreement.
3.3.6.4 Consultant and subconsultant Agreements, including cost
proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not
limited to, an Agreement audit, and incurred cost audit, an ICR Audit, or a CPA ICR audit work
paper review. If selected for audit or review, the Agreement, Cost Proposal and ICR, and related
work papers, if applicable, will be reviewed to verify compliance with 48 CFR, Part 31 and other
related laws and regulations. In the instances of a CPA ICR audit work paper review, it is
Consultant’s responsibility to ensure federal, state, or local government officials are allowed fully
access to the CPA’s work papers including making copies as necessary. The Agreement, Cost
Proposal, and ICR shall be adjusted by Consultant and approved by City to conform to the audit
or review recommendations. Consultant agrees that individual terms of costs identified in the
audit report shall be incorporated into the Agreement by this reference if directed by City at its
sole discretion. Refusal by Consultant to incorporate audit or review recommendations, or to
ensure that the federal, state, or local governments have access to CPA work papers, will be
considered a breach of Agreement terms and cause for termination of the Agreement pursuant to
Section 28 “Termination of Agreement” and disallowance of prior reimbursed costs.
3.3.6.5 Consultant’s Cost Proposal may be subject to a CPA ICR Audit
Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI).
IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation.
The Cost Proposal shall be adjusted by the Consultant and approved by the City to conform to
the Work Paper Review recommendations included in the management letter or audit
recommendations included in the audit report. Refusal by the Consultant to incorporate the Work
Paper Review recommendations included in the management letter or audit recommendations
included in the audit report will be considered a breach of the Agreement terms and cause for
termination of the Agreement pursuant to Section 28 “Termination of Agreement” and
disallowance of prior reimbursed costs.
(i) During IOAI’s review of the ICR audit work papers created by the
Consultant’s independent CPA, IOAI will work with the CPA and/or Consultant toward a resolution
of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit
disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to
issue a cognizant approval letter, City will reimburse the Consultant at an accepted ICR until a
FAR (Federal Acquisition Regulation) compliant ICR {e.g. 48 CFR Part 31; GAGAS (Generally
Page 120
Contract No. ____________
Exhibit “A”
Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance
with procedures and guidelines of the American Association of State Highways and
Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and
guidelines}is received and approved by IOAI.
Accepted rates will be as follows:
a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate
reimbursed will be ninety percent (90%) of the proposed rate.
b. If the proposed rate is between one hundred fifty percent (150%) and two hundred
percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed
rate.
c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate
will be seventy-five percent (75%) of the proposed rate.
(ii) If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may
require Consultant to submit a revised independent CPA-audited ICR and audit
report within three (3) months of the effective date of the management letter. IOAI
will then have up to six (6) months to review the Consultant’s and/or the
independent CPA’s revisions.
(iii) If the Consultant fails to comply with the provisions of this paragraph E, or if IOAI
is still unable to issue a cognizant approval letter after the revised independent
CPA audited ICR is submitted, overhead cost reimbursement will be limited to the
accepted ICR that was established upon initial rejection of the ICR and set forth in
paragraph E.1. above for all rendered services. In this event, this accepted ICR
will become the actual and final ICR for reimbursement purposes under this
Agreement.
(iv) Consultant may submit to City final invoice only when all of the following items
have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA
audited ICR; (2) all work under this Agreement has been completed to the
satisfaction of City; and (3) IOAI has issued its final ICR review letter. The
Consultant must submit its final invoice to City no later than sixty (60) calendar
days after occurrence of the last of these items. The accepted ICR will apply to this
Agreement and all other agreements executed between City and the Consultant,
either as a prime or subconsultant, with the same fiscal period ICR.
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations,
Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing
wage rates and the performance of other requirements on "public works" and "maintenance"
projects. If the Services are being performed as part of an applicable "public works" or
"maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply
with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates
of per diem wages in effect at the commencement of this Agreement. Consultant shall make
copies of the prevailing rates of per diem wages for each craft, classification or type of worker
Page 121
Contract No. ____________
Exhibit “A”
needed to execute the Services available to interested parties upon request, and shall post copies
at the Consultant's principal place of business and at the project site. It is the intent of the parties
to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the
Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code
sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the
City, its officials, officers, employees, agents, volunteers and representatives, free and harmless
from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing
Wage Laws.
3.4.2 Registration/DIR Compliance. If the Services are being performed on a
public works project of over $25,000 when the project is for construction, alteration, demolition,
installation, or repair work, or a public works project of over $15,000 when the project is for
maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and
1771.1, the Consultant and all subconsultants must be registered with the Department of
Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project
and require the same of any subconsultants. This Project may also be subject to compliance
monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with
all applicable registration and labor compliance requirements, including the submission of payroll
records directly to the DIR. Any stop orders issued by the DIR against Consultant or any
subconsultant that affect Consultant’s performance of Services, including any delay, shall be
Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall
be considered Consultant caused delay and shall not be compensable by the City. Consultant
shall defend, indemnify and hold the City, its officials, officers, employees, agents, volunteers and
representatives free and harmless from any claim or liability arising out of stop orders issued by
the DIR against Consultant or any subconsultant.
3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it
is aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation or to undertake self-insurance
in accordance with the provisions of that Code, and agrees to comply with such provisions before
commencing the performance of the Services.
3.5 Accounting Records.
3.5.1 Maintenance and Inspection. Consultant shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All such
records shall be clearly identifiable. Consultant shall allow a representative of City during normal
business hours to examine, audit, and make transcripts or copies of such records and any other
documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data,
documents, proceedings, and activities related to the Agreement for a period of three (3) years
from the date of final payment under this Agreement.
3.6 General Provisions.
3.6.1 Termination of Agreement.
3.6.1.1 Grounds for Termination. City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without cause by
giving written notice to Consultant of such termination, and specifying the effective date thereof,
at least seven (7) days before the effective date of such termination. Upon termination, Consultant
shall be compensated only for those Services which have been adequately rendered to City, and
Page 122
Contract No. ____________
Exhibit “A”
Consultant shall be entitled to no further compensation. Consultant may not terminate this
Agreement except for cause. The rights and remedies of the City provided in this section shall
not be exclusive and are in addition to any other rights and remedies provided by law, equity or
under this Agreement.
3.6.1.2 Effect of Termination. If this Agreement is terminated as
provided herein, City may require Consultant to provide all finished or unfinished Documents and
Data and other information of any kind prepared by Consultant in connection with the performance
of Services under this Agreement. Consultant shall be required to provide such document and
other information within fifteen (15) days of the request.
3.6.1.3 Early Termination. Notwithstanding any provision herein to
the contrary, if for any fiscal year of this Agreement the City Council fails to appropriate or allocate
funds for future payment under the Agreement after exercising reasonable efforts to do so, the
City may upon seven (7) days’ written notice, order work on the Project to cease. Upon
termination, Consultant shall be compensated only for those Services which have been
adequately rendered to City, and Consultant shall be entitled to no further compensation.
3.6.1.4 Additional Services. In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms and in such
manner as it may determine appropriate, services similar to those terminated.
3.6.2 Delivery of Notices. All notices permitted or required under this Agreement
shall be given to the respective parties at the following address, or at such other address as the
respective parties may provide in writing for this purpose:
Consultant: TJKM
4305 Hacienda Drive, Suite 550
Pleasanton, CA 94588
ATTN: Ruta Jariwala, Principal
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
ATTN: Audrey Nickerson, Project Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48)
hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its
applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
3.6.3 Ownership of Materials and Confidentiality.
3.6.3.1 Documents & Data; Licensing of Intellectual Property. This
Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or
sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in
any tangible medium of expression, including but not limited to, physical drawings or data
magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be
prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall
be and remain the property of City, and shall not be used in whole or in substantial part by
Page 123
Contract No. ____________
Exhibit “A”
Consultant on other projects without the City’s express written permission. Within thirty (30) days
following the completion, suspension, abandonment or termination of this Agreement, Consultant
shall provide to City reproducible copies of all Documents & Data, in a form and amount required
by City. City reserves the right to select the method of document reproduction and to establish
where the reproduction will be accomplished. The reproduction expense shall be borne by City
at the actual cost of duplication. In the event of a dispute regarding the amount of compensation
to which the Consultant is entitled under the termination provisions of this Agreement, Consultant
shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant
shall have no right to retain or fail to provide to City any such documents pending resolution of
the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a
minimum of fifteen (15) years following completion of the Project, and shall make copies available
to City upon the payment of actual reasonable duplication costs. Before destroying the
Documents & Data following this retention period, Consultant shall make a reasonable effort to
notify City and provide City with the opportunity to obtain the documents.
3.6.3.2 Subconsultants. Consultant shall require all subconsultants
to agree in writing that City is granted a non-exclusive and perpetual license for any Documents
& Data the subconsultant prepares under this Agreement. Consultant represents and warrants
that Consultant has the legal right to license any and all Documents & Data. Consultant makes
no such representation and warranty in regard to Documents & Data which were prepared by
professionals other than Consultant or its subconsultants, or those provided to Consultant by the
City.
3.6.3.3 Right to Use. City shall not be limited in any way in its use
or reuse of the Documents and Data or any part of them at any time for purposes of this Project
or another project, provided that any such use not within the purposes intended by this Agreement
or on a project other than this Project without employing the services of Consultant shall be at
City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project,
it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless
Consultant and its officers, directors, agents and employees from claims arising out of the
negligent use or re-use of the Documents & Data on such other project. Consultant shall be
responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only
with respect to the condition of the Documents & Data at the time they are provided to the City
upon completion, suspension, abandonment or termination. Consultant shall not be responsible
or liable for any revisions to the Documents & Data made by any party other than Consultant, a
party for whom the Consultant is legally responsible or liable, or anyone approved by the
Consultant.
3.6.3.4 Indemnification – Documents and Data. Consultant shall
defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers, agents
and representatives free and harmless, pursuant to the indemnification provisions of this
Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name,
trademark, or any other proprietary right of any person or entity in consequence of the use on the
Project by City of the Documents & Data, including any method, process, product, or concept
specified or depicted.
3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents & Data either created by or provided to Consultant in
connection with the performance of this Agreement shall be held confidential by Consultant. Such
materials shall not, without the prior written consent of City, be used by Consultant for any
Page 124
Contract No. ____________
Exhibit “A”
purposes other than the performance of the Services. Nor shall such materials be disclosed to
any person or entity not connected with the performance of the Services or the Project. Nothing
furnished to Consultant which is otherwise known to Consultant or is generally known, or has
become known, to the related industry shall be deemed confidential. Consultant shall not use
City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or
the Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
3.6.3.6 Confidential Information. The City shall refrain from
releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal
counsel determines that the release of the Proprietary Information is required by the California
Public Records Act or other applicable state or federal law, or order of a court of competent
jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary
Information. Consultant shall have five (5) working days after receipt of the release notice to give
City written notice of Consultant's objection to the City's release of Proprietary Information.
Consultant shall indemnify, defend and hold harmless the City, and its officers, directors,
employees, agents, volunteers and representatives from and against all liability, loss, cost or
expense (including attorney’s fees) arising out of a legal action brought to compel the release of
Proprietary Information. City shall not release the Proprietary Information after receipt of an
objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of
legal counsel), and hold City harmless from any legal action brought to compel such release;
and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City
release such information.
3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.6.5 [Reserved]
3.6.6 Indemnification.
3.6.6.1 To the fullest extent permitted by law, Consultant shall
defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers,
employees, volunteers, agents, and representatives free and harmless from any and all claims,
demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or
equity, to property or persons, including wrongful death, in any manner arising out of, pertaining
to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials,
officers, employees, subconsultants or agents in connection with the performance of the
Consultant’s Services, the Project or this Agreement, including without limitation the payment of
all expert witness fees, attorney’s fees and other related costs and expenses except such loss or
damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation
to indemnify shall survive expiration or termination of this Agreement and shall not be restricted
to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees,
agents, volunteers or representatives.
3.6.6.2 If Consultant’s obligation to defend, indemnify, and/or hold
harmless arises out of Consultant’s performance as a “design professional” (as that term is
defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code
section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be
limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful
Page 125
Contract No. ____________
Exhibit “A”
misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of
competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not
exceed the Consultant’s proportionate percentage of fault.
3.6.7 Entire Agreement. This Agreement contains the entire agreement of the
Parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements.
3.6.8 Governing Law. This Agreement shall be governed by the laws of the State
of California. Venue shall be in Riverside County.
3.6.9 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.6.10 City's Right to Employ Other Consultants. City reserves right to employ
other consultants in connection with this Project.
3.6.11 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the Parties.
3.6.12 Assignment; Subcontracting. Consultant shall not assign, sublet, or
transfer this Agreement or any rights under or interest in this Agreement without the written
consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer
without such consent shall be void and without legal effect and shall constitute grounds for
termination. Consultant shall not subcontract any portion of the Services required by this
Agreement, except as expressly stated herein, without prior written approval of City.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in
this Agreement.
3.6.13 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any term
referencing time, days or period for performance shall be deemed calendar days and not work
days. All references to Consultant include all personnel, employees, agents, and subconsultants
of Consultant, except as otherwise specified in this Agreement. All references to City include its
elected officials, officers, employees, agents, volunteers and representatives except as otherwise
specified in this Agreement. The captions of the various articles and paragraphs are for
convenience and ease of reference only, and do not define, limit, augment, or describe the scope,
content, or intent of this Agreement.
3.6.14 Amendment; Modification. No supplement, modification, or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.6.16 No Third-Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
Page 126
Contract No. ____________
Exhibit “A”
3.6.17 Invalidity; Severability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
shall continue in full force and effect.
3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or violation
of this warranty, City shall have the right to rescind this Agreement without liability. For the term
of this Agreement, no member, officer or employee of City, during the term of his or her service
with City, shall have any direct interest in this Agreement, or obtain any present or anticipated
material benefit arising therefrom.
3.6.19 Authority to Enter Agreement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.6.20 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.6.21 Survival. All rights and obligations hereunder that by their nature are to
continue after any expiration or termination of this Agreement, including, but not limited to, the
indemnification obligations, shall survive any such expiration or termination.
[SIGNATURES ON NEXT PAGE]
Page 127
Contract No. ____________
Exhibit “A”
SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM DESERT
AND TJKM TRANSPORTATION CONSULTANTS
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be
executed on the day and year first above written.
CITY OF PALM DESERT
By:
L. TODD HILEMAN
City Manager
ATTEST:
By:
Anthony J. Mejia
City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
TJKM TRANSPORTATION CONSULTANTS
By:
Its:
Printed Name:
By:
Its:
Printed Name:
QC
InsuranceID: _____________
__________ __________
Page 128
Contract No. ____________
Exhibit “A”
EXHIBIT "A"
SCOPE OF SERVICES AND SCHEDULE
Page 129
EXHIBIT "B"
COMPENSATION
Page 130
PROPOSAL FOR
City Project No. 600-21
Cycle 10 Project - HSIPSL-5414(017)Traffic Signal Improvements
FEBRUARY 25, 2022
Page 131
CALIFORNIA | FLORIDA | TEXAS
Corporate Office 4305 Hacienda Drive, Suite 550, Pleasanton, CA 94588
925.463.0611 www.TJKM.com
Page 1
February 25, 2022
Audrey Nickerson
Project Manager
City of Palm Desert
Department of Public Works
anickerson@cityofpalmdesert.org
Subject: Proposal for Cycle 10 Project – HSIPSL-5414(017) Traffic Signal Improvements City Project
No. 600-21
Dear Ms. Nickerson:
TJKM Transportation Consultants (TJKM) is pleased to submit our Proposal for Cycle 10 Project Traffic Signal
Improvements for the City of Palm Desert. We are confident that the TJKM Team will meet the City’s goals and
objectives for this project, all while exceeding your expectations within budget and on schedule.
TJKM is a traffic engineering, transportation planning, and traffic operations firm providing services throughout
California, Florida, and Texas. Founded in 1974, TJKM currently has a staff of 40 employees with offices in Pleasanton,
San Jose, Fresno, Sacramento, Santa Rosa, Inglewood, California; St. Petersburg and Tampa, Florida; and Austin,
Texas. Our projects range in size from short-term engagements developing meaningful mobility solutions for a wide
range of transportation issues to long-term planning for new developments, communities, and transportation systems.
TJKM has been involved in more than 8,000 transportation projects throughout California, and averages over 240 new
projects each year. We have assembled a dedicated team of in-house experts who have the demonstrated capabilities
to meet the technical, managerial, and schedule challenges to be encountered on this project.
Our proposed Project Manager, Mr. Atul Patel, TE, PTOE has over 31 years of traffic engineering and transportation
planning experience, and has worked in both the public and private sectors. Mr. Patel has successfully completed
numerous Highway Safety Improvement Program projects for public agencies similar to this project. Some of these
projects have been citywide signal hardware replacements of traffic signal controllers, traffic signal cabinets,
backplates, signal heads and pedestrian signal heads.
Summary
The City developed a Local Roadway Safety Plan that analyzed the most recent five years of collision data throughout
the City. Based on the collision data, the majority of the pedestrian related collisions occurred in a crosswalk during
daylight or areas with functioning streetlights at high-density signalized intersections. The City would like to prioritize
enhanced safety measures for these vulnerable users by enhancing crosswalks in focus areas.
The project scope consists of the installation of retroreflective backplates at up to 67 intersections; and replacement of
pedestrian signal heads with pedestrian countdown signals heads at up to 21 intersections within the City.
TJKM has completed design of citywide traffic signal hardware replacements for many public agencies in California
using a successful approach that meets the funding deadlines and receives approval from Caltrans Local Assistance
Program for construction. We plan to conduct all the tasks for this project.
First, we arrange a kickoff meeting with the City to gather the signal as-builts from the City and understand the project
goals and objectives and schedule. We then prepare the CEQA Notice of Exemption form for the City to sign and file
the form with the County of Riverside once the PS&E is completed. We prepare the project base maps using the signal
as-builts and Google Earth Professional Aerials as the background and conduct a field reconnaissance of each
intersection, taking pictures and notes of the backplates and pedestrian signal heads to be replaced comparing the as-
builts vs. the existing conditions and update the base map accordingly. We submit the plans for review to the City at
30%, 90%, and 100% stages. The ROW and utility certification will be approved by the City during the detailed design
phase. At either the 90% or 100% stages, the PS&E will be prepared as a signed E-76 submittal to District 8 Caltrans
Local Assistance staff for E-76 request for authorization for construction approval. Once they approve the E-76 permit,
Page 132
Ms. Nickerson
February 25, 2022
Page 2 of 2
Cycle 10 Project Traffic Signal Improvements | 2
the PS&E will be packaged for bidding and advertising for construction. At each submittal stage, we will check the
funding amount against the estimated construction cost to verify if the funding amount is adequate and scope the
project to fit the funding with bid alternates or removal of items from the project to future phases.
Certification of Proposal
The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance
with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.
Contact & Commitment
As Principal of the firm, I am authorized to bind TJKM to a contract and you have my personal assurance that all the
resources necessary to address the City of Palm Desert needs will be made available and ready to perform when the
opportunity arises. We look forward to the opportunity to answer any questions you may have regarding our Proposal.
During the proposal process, please feel free to contact Mr. Patel via phone at (925) 264-5003 or email at
apatel@tjkm.com.
Sincerely,
TJKM Transportation Consultants
Ruta Jariwala, PE, TE – Principal
Page 133
Cycle 10 Project Traffic Signal Improvements | 3
TJKM Transportation Consultants (TJKM) is pleased to submit our Proposal for Cycle 10 Project Traffic Signal Improvements
for the City of Palm Desert.
STATEMENT OF QUALIFICATIONS
Firm Overview
TJKM, founded in 1974, is a traffic engineering, traffic operations, and transportation planning firm that provides professional
services throughout California, Texas, and Florida. TJKM currently has a staff of 40 employees with offices in Pleasanton, San
Jose, Fresno, Sacramento, Santa Rosa, Inglewood, California; St. Petersburg and Tampa, Florida; and Austin, Texas. For over 47
years, more than 3,500 satisfied clients have entrusted TJKM with their critical work. We serve a full-range of clients, including
municipalities, congestion management agencies, metropolitan planning organizations, transportation agencies, private
developers, other consulting firms, and attorneys. TJKM has been involved in more than 8,000 transportation projects throughout
California, and averages about 240 new projects each year. TJKM’s primary service categories include traffic engineering design
(including PS&E), transportation planning, traffic safety, traffic operations, corridor studies, Intelligent Transportation Systems
(ITS), and multimodal studies. Our motivation comes from satisfying clients’ objectives and improving communities. TJKM has
a strong roster of both public and private sector clients and continually builds upon this base.
Our planners and engineers have worked on the public side of the desk for years as municipal engineers, developing superior
skills in collaborating with the public and city councils and, more importantly, crafting excellent relationships with the right
people.Our project managers, engineers, and planners have “hands on” experience and understand the latest requirements,
technologies, trends, and standards. Our experience with local agency processes keeps projects moving faster; and know-how
from thousands of engagements helps us complete projects on time and within budget.
TJKM is a disadvantaged and small business enterprise (DBE #40772 and SBE #387800). Our DIR number is 1000030564. Due
to the page limitation, we can supply our record/information from the site upon your request.
Prior Experience working with Public Agencies
TRAFFIC SIGNAL DESIGN & CONSTRUCTION SUPPORT
TJKM has designed more than 2,000 traffic signals in nearly 200 jurisdictions throughout Northern and Central California. Our
design staff are very experienced in preparing Plans, Specifications, and Estimates (PS&E) for new and modified traffic signal
systems, and pavement delineation to improve capacity and safety. TJKM’s design process includes a thorough site investigation
to verify existing information such as; lane geometry, sight distance issues, signal poles, controller cabinets, service pedestals,
pull boxes, conduits, street lighting circuits and other pertinent information.
Due to the detailed site investigation performed, the design staff has hands-on experience for constructible designs, with an
extensive track record of successful design projects, and our team is dedicated to providing high quality and accurate PS&E.
Many of our traffic signal design projects require design for interconnect and coordination that include fiber optic, copper wire
and wireless communications. Due to the evolving environment of signal design and traffic monitoring over the years, the TJKM
Design Team is verify familiar with modifying and installing news signals that are equipped with traffic surveillance cameras ,
video detection systems, and wireless devices to support Adaptive Traffic Control Systems (ATCS), Automated Traffic Signal
Performance Measure (ATSPM), and Connected Vehicle applications.
TJKM’s staff routinely provides construction assistance for our design projects, including traffic calming devices and traffic signal
systems. We attend pre-bid and pre-construction conferences to provide in-field assistance, and work effectively with
contractors. TJKM also designs traffic/construction zone control plans that show how traffic will be handled during construction
periods.
PUBLIC & PRIVATE EXPERIENCE
Having worked extensively with both public agencies and private sector clients, we have developed valuable insights to effective
project management. TJKM also finds this mixed orientation extremely valuable in the development of successful improvement
plans. We are able to make planning tools flexible enough to account for changing market conditions, while ensuring predictable
public benefit. This knowledge allows them to create specific plans and master plans that are truly “implementable”.
SIGNAL COORDINATION & TIMING
Any signal coordination project presents many challenges, such as signal timing optimization philosophies and strategies,
pedestrian clearances, advance and exclusive pedestrian phases, transit signal priority, cycle length selection, network
partitioning, cross street coordination, and queue management. Our approach is based on numerous signal coordination
Page 134
Cycle 10 Project Traffic Signal Improvements | 4
projects we have worked on and lessons learned from those projects. Based on our extensive experience in delivering
successful similar projects we believe in order to develop good timing plans, accurate traffic volumes and data must be collected
and analyzed. In addition, identification of the feeders and facilitators and other key relevant factors that can impact the
progression and operations for all modes of transportation is very important. Once the plans have been developed via a software
program, it is important that the traffic engineer observe the resulting conditions and fine-tune the plans to make them the most
effective.
Our Team has timed approximately 1,500+ intersections throughout the State of California. Our proposed team members have
worked on signal coordination projects under the Metropolitan Transportation Commission’s (MTC) Regional Signal Timing
Program (RSTP) 2008-2010 Cycles and PASS 2010-2021 Cycles. In addition, we have provided traffic signal timing evaluation
and signal timing plans for numerous local jurisdictions within the State. Many of our traffic signal system projects have included
coordination of existing signals, development of new timing plans, implementation, and fine tuning, including interconnect design
for some projects. Our engineers are thoroughly familiar with all of the necessary software programs (Streetwise, ATMS.now,
200SA, 233, Caltrans C8, QuickNet, ACTRA, MIST, Wapiti, and Mccain) associated with different types of controllers (Econolite,
Type 170’s, 2070L, 2070’s, NEMA TS2, Eagle, ASC-2, Transyt, and Cobalt) that are utilized by different agencies. TJKM staff
also has in-depth expertise in the development and calibration of the types of signal coordination plans available to improve
transportation management systems: time-of-day, traffic responsive, and traffic adaptive signal coordination routines.
References
Nearly 85 percent of our clients are repeat clients. Prompt service, attention to details, strict adherence to schedule
requirements, and commitment to our clients’ goals are among the reasons for this steady client base. Our objective on every
assignment is to provide the most cost-effective product that meets the specific needs and criteria of each client within the
planned schedule and budget. We encourage the City to contact our references to learn about our performance. We are
confident that you will be pleased with what our clients have to say about us.
HSIP CITYWIDE TRAFFIC SIGNAL HARDWARE UPGRADE PROJECT PHASE 1 | CONCORD | 2020-ONGOING
Reference: Tianjun Cao | City of Concord | (925) 671-3243 | Tianjun.cao@cityofconcord.org
TJKM assisted the City with preparing an HSIP grant application for upgrading citywide signal hardware at all the City's
signalized intersections as part of Cycle 9 HSIP grant call for projects. The City was successful in being awarded $2.4M in
funding for the citywide improvements. The signal hardware improvements consist of upgrading eight inch signal heads to 12
inch signal heads, upgrading pedestrian signal heads to countdown pedestrian signal heads, upgrading controllers,
communications switches, cabinets, battery backup systems, conflict monitor units, and backplates. TJKM is also providing
signal timing for leading pedestrian interval operation, and inventory of pedestrian push buttons and communications system
hardware. TJKM assisted the City with receiving NEPA clearance, preparation of PS&E documents, and will be assisting with
bid and construction support services. TJKM also assisted the City with obtaining E-76 permit approval through Caltrans Local
Assistance Program (LAP).
HSIP TRAFFIC SIGNAL IMPROVEMENT PROJECT | PITTSBURG | 2020-2021
Reference: Nhat Phan | City of Pittsburg | (925) 252-4857 | nphan@ci.pittsburg.ca.us
TJKM assisted the City with preparing an HSIP grant application for upgrading citywide signal hardware at all the City's
signalized intersections as part of Cycle 9 HSIP grant call for projects. The City was successful in being awarded $1.6M in
funding for the citywide improvements. The signal hardware improvements consist of upgrading eight inch signal heads to 12
inch signal heads, upgrading pedestrian signal heads to countdown pedestrian signal heads, upgrading controllers,
communications switches, cabinets, battery backup systems, conflict monitor units, and backplates. TJKM assisting the City
with receiving NEPA clearance, and preparation of PS&E documents. TJKM assisted the City with obtaining E-76 permit
approval through Caltrans LAP.
MODESTO SIGNAL BACKPLATE REPLACEMENT PROJECT | MODESTO | 2021-ONGOING
Reference: Scott Collins, PE | City of Modesto | (209) 577-5431 | scollins@modestogov.com
TJKM is assisting the City with preparing PS&E for replacement of existing signal backplates and signal heads, at 70 signalized
intersections citywide. The project also includes controller cabinet upgrades at 12 locations and intersection restriping at 70
locations. TJKM will also be assisting the City in preparing the E-76 documentation for construction and coordinating with
Caltrans LAP staff.
Page 135
Cycle 10 Project Traffic Signal Improvements | 5
TRAFFIC SIGNAL UPDATE PROJECT HSIP | MANTECA | 2017-2019
Reference: Koosun Kim, PE, QSD | City of Manteca | (209) 456-8419 | kkim@ci.manteca.ca.us
The City was awarded a HSIP Cycle 7 grant to upgrade the signal equipment and communications infrastructure for all the City’s
owned and operated signalized intersections. The objective of the project is to developed a signal equipment inventory in
Geographic Information System (GIS), evaluated which controllers, cabinets and other signal equipment need replacing,
updated the traffic signal timing and prepare coordinated signal timing plans, and created attribute tables of the signal equipment
inventory and integrate into the City’s VueWorks asset management GIS database.
TJKM’s scope included inventorying existing signalized intersections signal controller hardware and firmware, signal
communications equipment, and signal hardware at 47 intersections. Also, identifying the signal equipment and signal
communications hardware needing upgrades; integrating asset data collection into the City’s VueWorks Asset Management
System; designing a citywide wireless signal interconnect communications network for the signal system between the signalized
intersections, retiming the major corridors for improved signal timing coordination; and assisting the City with evaluating and
selecting a Centralized Signal System. TJKM provided an amendment to develop a Fiber Optic Communication Master Plan
and PS&E for hard-wired fiber installation for the initial phase.
ALHAMBRA PEDESTRIAN COUNTDOWN SIGNAL HEAD INSTALLATION | ALHAMBRA | 2021-ONGOING
Reference: Stephanie Sandoval | City of Alhambra | (626) 570-5067 | ssandoval@cityofalhambra.org
TJKM is preparing PS&E for the City to replace existing pedestrian signal heads at 25 City owned signals citywide. The project
is federally funded through an HSIP grant and will require NEPA clearance and E-76 request for authorization for construction
through District 7 LAP. TJKM and Groundzone are assisting the City with preparation of the required documentation. TJKM will
provide bid and construction support services during construction.
CITYWIDE TRAFFIC SYSTEM UPGRADE PHASE 2 PROJECT, PROJECT NO. 2574 | CONCORD | 2021-
ONGOING
Reference: Tianjun Cao | City of Concord | (925) 671-3243 | Tianjun.cao@cityofconcord.org
TJKM assisted the City with preparing the grant application for HSIP Cycle 11 funds and the City was successful in receiving
HSIP funds. This project is a continuation of phase 1 signal hardware upgrades, which is upgrading the remaining 45 signalized
intersections in the City with new signal heads, yellow retroreflective border backplates, countdown pedestrian signal heads,
upgraded controllers and accessible pedestrian push buttons. TJKM worked with a subconsultant, to prepare detailed design of
curb ramps at 13 locations and evaluation of all the ramps at the 45 signalized intersections. TJKM is assisting the City with
obtaining Caltrans Encroachment Permit for the two Caltrans locations. TJKM will also be preparing the E-76 documentation for
construction and coordinating with Caltrans LAP staff and providing bid and construction support during construction.
FIRM STAFFING & KEY PERSONNEL
Staffing
TJKM has included 10 of our staff on this Proposal and they are listed below in the table. Below is a table showing their names,
disciplines, and job titles. Should we need additional personnel, TJKM has a vast base of highly qualified technical members who
will be made fully available to any project as required based on the project needs.
Staff Names & Job Titles Disciplines
Ruta Jariwala, PE, TE
Principal
Traffic Operations
Engineering Design
Traffic Operations
Signal Coordination
Traffic Impact Studies
Traffic Signal Systems
Atul Patel, TE, PTOE
Director
Intelligent Transportation Design
ITS Planning
Traffic Signal Designs
Traffic Operational Analysis
Bicycle & Pedestrian Studies
Parking Studies
Rutvij Patel, EIT
Senior Project Manager
Traffic Operations & Handling
ITS Planning
Signage Plans
Complete Streets
Safe Routes to School
Traffic Signal Design
Bicycle & Pedestrian Implementation
Intelligent Transportation Design
Sayed Fakhry, PE, TE
Director
Traffic Signal Design
Traffic Handling
Pavement Delineation
Signage Plans
Complete Streets
Neighborhood Traffic Management Plan
Traffic Control Plan
Page 136
Cycle 10 Project Traffic Signal Improvements | 6
Staff Names & Job Titles Disciplines
Mark Doty
Senior Planner
Urban & Community Design, & Long
Range Planning
Parking Management Studies
Wayfinding Signage
Historic Preservation
Economic Development
Code Drafting, Review & Interpretation
Alee Moua, EIT
Transportation Engineer
Traffic Signal Design & Modification
Signing & Striping Design
Interconnect
AutoCAD
Traffic Handling Plans
Raymundo Gregorio-Flores, EIT
Transportation Engineer
Traffic Signal Design
Traffic Signal Modification
Signing & Striping Plans
Andrew Dickinson
Transportation Engineer
Traffic Handling
Pavement Delineation
Signage Plans
Traffic Signal Design
Anna Highsmith, EIT
Transportation Engineer
Traffic Signal Design
Traffic Handling
Pavement Delineation
Signage Plans
Manuel Alex Montero
Transportation Engineer
Traffic Handling
Pavement Delineation
Signage Plans
Traffic Signal Design
Key Personnel
The proposed key individuals for the TJKM Team are the most qualified professionals in their respective areas of specialization.
We can confidently state that our key staff will be fully available for this project from beginning to end. In addition, we have a vast
base of highly qualified technical members who will be made fully available to the project as required based on the project needs.
Key Personnel
Our Team Organization Chart illustrates our proven
“chain of command” for performance on similar
projects. The proposed organization is a fully integrated
team under the direction of Ms. Ruta Jariwala, PE, TE,
Principal-In-Charge and Mr. Atul Patel, TE, PTOE
Project Manager. Work will be conducted under the
direct supervision/direction of our Project Manager, Mr.
Patel. He will be responsible for overall coordination on
this contract, maintaining the effectiveness and
efficiency of the work, schedule, and ensuring the work
products are to the satisfaction of the City. We
anticipate working closely with the City staff to ensure
understanding of project objectives from start to project
completion. Mr. Patel will be responsible for day-to-day
coordination and activities and will be single point of
contact. He will be available to City and stakeholders at
a short notice.
Subcontractors
TJKM do not anticipate the use of subconsultants.
However, if additional expertise is needed for a specific assignment, we will draw upon our trusted relationships with firms
specializing in required areas. We will consult with the City and obtain approval prior to any use of subconsultant services.
Key Personnel Responsibilities
Ruta Jariwala, PE, TE Ms. Jariwala will serve as the Principal-In-Charge for this project.
Atul Patel, TE, PTOE Mr. Patel a will oversee the team and manage the overall contract for this project. He will be responsible for overall
coordination, maintaining the effectiveness and efficiency of the work, coordinating cost and schedule reporting, and ensuring
the City’s satisfaction.
Sayed Fakhry, PE, TE Mr. Fakhry will be responsible for quality assurance and quality control. All documents will be reviewed by Mr. Fakhry before
being submitted to the City.
Rutvij Patel, EIT Mr. Patel will be responsible for the preparation of PS&E and Bid & Construction Support.
Mark Doty Mr. Doty will be responsible for the Inventory of Existing Equipment & Infrastructure.
Page 137
Cycle 10 Project Traffic Signal Improvements | 7
PROPOSED METHOD TO ACCOMPLISH THE WORK
Approach
The TJKM Team plans to begin the project by confirming with the City all the improvements identified in the HSIP application.
Prepare a preliminary engineer’s estimate based on discussion with City staff to ensure the funding is adequate for the
improvements the City desires. TJKM has worked with other agencies on similar HSIP projects and help them design and construct
the project in similar approach and we can do the same for Palm Desert. Once the improvements are clearly identified, the design
process should be straightforward and TJKM will deliver the full construction ready documents for construction along with Caltrans
Local Assistance paperwork that is required.
Detailed Work Plan
Below is our detailed work plan.
TASK 1 – PROJECT MANAGEMENT
Task 1.1 Project Management
TJKM will manage the schedule and budget throughout the
duration of the project. TJKM will prepare the schedule in MS
Project software format and updates to the schedule will be
provided at design progress meetings. TJKM will conduct our
own QA/QC over our work products and our subconsultant
products prepared for the City. TJKM will maintain frequent
and timely communication with the City during the design and
construction phase of the project. Mr. Patel have proven on
his successful completion of previous signal hardware
upgrade projects with the other local Public Works
Department’s that he provides a high level of customer service
to the City’s Project Manager and stays in constant
communication with the City during the entire duration of the
project.
TJKM will prepare meeting minutes at all the meetings
attended and provide action item logs for subsequent follow-
up via email. We have budgeted meetings at the following
stages:
Kick-off Meeting
Review of 30% Submittal
Review of 90% Submittal
Review of 100% Submittal
Preconstruction Meeting
Additional meetings can be conducted with a contract
amendment and billed on a time and materials basis.
Deliverables: Project schedule updates and meeting
minutes
Task 1.2 Coordination and Meetings
TJKM will prepare an agenda for a project initiation or kick-off
meeting. Our preliminary agenda for the meeting will include,
but not limited to:
Introductions/Goals of the meeting
Contact information, protocol for communicating project
information
Schedule/Required time for City reviews
TJKM will request the following items prior to the kick-off
meeting and identify discussion items:
o High resolution aerial photos in digital format, if
available (or Google Earth Professional would be
used)
o Base maps and copies of any previous plans and
street improvement plans in the project area and
studies
o Sample construction documents from recent
previously approved projects in electronic format
o Utility contact information
o Traffic signal as-builts at each project intersection,
AutoCAD or .pdf format
Project Schedule
Other items to discuss
At the conclusion of the kick-off meeting, TJKM will prepare
minutes and distribute them to all meeting participants. We will
also prepare and e-mail a project contact list based upon the
sign in sheet at the meeting, plus business cards collected.
In addition to the project meeting, TJKM has budgeted
biweekly conference calls with the City Project Manager to
discuss the progress of the project, the tasks to be completed
this week and outstanding issues to resolve or information
required from the City. We have also budgeted attendance at
meetings to review the design comments with the City at the
30%, 90%, and 100% submittal stages.
TJKM will prepare the CEQA Notice of Exemption form for the
City to submit to the County for processing and also
coordinate with Caltrans Local Assistance staff for preparing
forms required by Caltrans as part of the E-76 Request for
Authorization for construction permit.
Deliverables: Meeting minutes and E-76 RFA for
construction forms.
Task 1.3 Administration
Objective: The objective of this task is to update the project
schedule through the duration of the project.
Page 138
Cycle 10 Project Traffic Signal Improvements | 8
TJKM will prepare the project schedule in MS Project, update
it monthly, and provide to the City to track the project
throughout the duration of the project. The schedule will
include City review of deliverables and also council award of
the construction contract. The schedule will be discussed in
the biweekly conference calls with the City.
Deliverables: Schedule
TASK 2 – PRE-DESIGN RESEARCH
Task 2.1 Field Investigation
TJKM will conduct a field reconnaissance at each of the
project intersections to identify the existing signal equipment
hardware that is not meeting current Caltrans or CA Manual
on Uniform Traffic Control Devices (MUTCD) guidelines. The
controller cabinets will be opened with assistance from the
City signal technician and pictures taken of the inside of the
traffic signal controller cabinet. The following equipment will be
identified at each intersection and their condition noted on a
field template form:
Non-compliant ADA Push buttons
Non-Countdown pedestrian heads
Traffic signal backplates to be replaced with yellow
reflective border backplates
Traffic signal cabinet type
Traffic signal controller and firmware
Traffic signal lenses less than 12 inches
Traffic signal and pedestrian signal head mountings
needing replacement
Traffic signal interconnect type not connected or not
communicating
Safety lighting to be replaced with LED fixtures
The inventory will be in a spreadsheet format compatible for
exporting into the City’s GIS database. The pictures
categorized by intersection will be burned on a CD and given
to the City for their records.
Deliverables: Field inventory in GIS compatible format,
field pictures in .jpg format on CD
TASK 3 – PREPARE BASE MAPS & PLAN SHEETS
Task 3.1 Prepare Base Maps and Utility Research
To initiate the work, TJKM will research and verify the
following:
File copies of utility service districts and companies
to locate existing
Electrical, gas, telephone, fiber optic, and cable
television services
Sanitary and storm sewers
Water mains
Fire hydrants
Prepare Utility “A” letters, as necessary
Research will be facilitated by contacting the utility companies,
public agencies, and service districts and will be verified by the
City in the following phase of work to identify the
characteristics and infrastructure needs of the Project area.
The verification will be limited to areas where underground
work is anticipated such as new signal pole installation.
The TJKM Team will prepare functional design drawings using
Google Earth Professional aerials for tracing curb lines for the
traffic signal modifications. The plans will be prepared in
AutoCAD format and provide the layout of the existing traffic
signal equipment. The existing signal as-builts will be taken to
the field and marked up based on the existing conditions at
each intersection. The CAD base map will be updated to
incorporate the redlined information. Design will be in
accordance with Caltrans design standards, CA MUTCD
guidelines, and the City’s current design standards. The
approximate right of way at each project intersection will be
based on the City’s GIS data.
Deliverables: Utility “A” letters, base maps in AutoCAD
format
Task 3.3 Preliminary Design Plans (30%) and
Estimate
The preliminary plans will be developed with adequate detail
for conveying the design intent, final geometry, and key design
elements. The major goal of this phase is to fully define the
project limits and identify previously unknown constraints or
impacts. The plans will indicate the signal equipment needing
to be replaced on a 1”=20’ scale layout sheet. The equipment
schedule will be updated at this stage. The conductor
schedule will be updated in the 30% stage. TJKM will also
provide an updated project schedule, and 90% Engineer’s
probable construction cost estimate. We will submit the 30%
submittal to the City for their comments.
Deliverables: Three sets of 11” x 17” hard copies, 30%
construction cost estimate, and Other supporting
documentation as necessary
TASK 4 – PREPARE DETAILED DESIGN PS&E
Task 4.1 90% Submittal
TJKM will review with the City, and receive one set of non-
conflicting comments from the City on the 30% PS&E and
incorporate them into the 90% PS&E. In this stage of the
design submittal to the bid package, TJKM will prepare the
project plans, which will include the following sheets:
Cover Sheet
General Note Sheet
Traffic Signal Modification Plan
Conductor and Equipment Schedule
Electrical Detail Sheets
Our design approach entails the following design tasks:
Technical specifications will be per Caltrans
Page 139
Cycle 10 Project Traffic Signal Improvements | 9
Specifications format.
TJKM will prepare 90% design plans for intersection
improvements in AutoCAD format.
TJKM will prepare an Engineer ’s construction cost
estimate and technical special provisions describing each
item on the bid schedule and their requirements, and
verify that construction costs are within the existing City
budget. The Engineer’s construction cost estimate will be
prepared in Excel electronic format. Any revisions to the
technical special provisions will be recommended to the
City.
Special provisions with track changes format prepared
including bid item description, bid schedule, and
measurement and payment provisions, list of submittals
during construction, and list of information available to
Bidders, with disclaimer.
Project schedule update.
90% construction cost estimate in the form of the bid
schedule.
Documentation of outreach to utility companies, and
confirmation that utility conflicts have been resolved or a
timeline for resolution of issues has been determined.
Other supporting documentation as necessary.
Each PS&E review submittal set will also address any
comments or revisions required from the City in the
previous plan check submittal. Responses to comments
will be documented and included with the submittal.
TJKM will meet with City staff, as needed, to review
comments and recommendations. A comment matrix will
be prepared illustrating how TJKM addressed each
review comment. The original redline markup of the
previous submittal will be returned back to the City with
the 90% submittal.
The DBE Contract Goal Methodology Exhibit 9-D will be
determined at this stage and calculation sheets provided
to the City. Caltrans PS&E checklist, LAPM 3-A form, and
federal contract language will be included in the
specifications.
Deliverables: Three sets of the 90% plans (11” x 17” hard
copies), Technical specifications and cost estimate in
form of the bid schedule, Review comment matrix,
Redline markup from previous round, Utility conflicts have
been resolved or a timeline for resolution of issues has
been determined, Other supporting documentation, as
necessary, and DBE calculations
Task 4.2 100% Submittal
The E-76 for Construction package will be prepared for the
City to submit to Caltrans LAP for approval. The comments
from Local Assistance staff will be incorporated into the
package for bidding. TJKM will:
Coordinate and review the approved 90% PS&E with City
staff and revise based on comments and discussions.
Finalize construction drawings, contract special
provisions and technical specifications, and a final
construction cost estimate (Excel format). These
documents will be close to construction ready.
Deliverables
Three sets of 11 x 17 hardcopies, technical project
specifications and special provisions, construction cost
estimate, and an electronic version of the PS&E;
Responses to comments on the 90% submittal, along
with return of mark-ups; Project schedule update; Other
supporting documentation as necessary; and E-76 for
Construction Package
TASK 5 – FINAL PS&E PACKAGE
At this stage, the contract documents are ready for bidding
and the E-76 for Construction will need to have been approved
from Caltrans Local Assistance prior to bidding. TJKM will:
Coordinate with City staff for review of bid package.
Revise based on comments and discussions.
Submit final plans and specifications, and disk with the
electronic files to City staff. Final plans will be provided in
electronic file in AutoCAD format and in PDF format. One
hard copy will be in 24” x 36” size. Each plan sheet will be
stamped and signed by the Engineer of Record
registered civil engineer, in accordance with California
State Law.
Prepare complete special provisions, technical
specifications stamped and signed on the table of
contents sheet by the Engineer of Record, one hard copy
printed single sided only. If there are more than one
Engineer of Record, the engineer will stamp and sign the
table of contents for only that/those section(s) that applies
to each engineering discipline.
Provide a digital copy of all work products and supporting
work.
Provide a final construction cost estimate.
Deliverables: Bid Package as required and approved by
the City
TASK 6 – PERMITS & AGREEMENTS
TJKM will assist the City in preparing the E-76 Request for
Authorization for construction documentation required by
Caltrans Local Assistance. TJKM will prepare the 9-D DBE
Goal spreadsheet, LAPM 3A form, Exhibit 12-D PS&E
checklist form, Exhibit 13A ROW short form, and the
Engineer’s Estimate exhibit for City signature and submission
to Caltrans LAP staff.
Deliverables: CLAP exhibits
Page 140
Cycle 10 Project Traffic Signal Improvements | 10
Optional Services
TASK 7 – BIDDING SERVICES
During the bid process, TJKM will answer bidder’s questions
and provide clarifications to the bid questions. We will respond
to Requests for Information (RFIs). We will prepare two
addenda, as necessary. We will prepare conformed
documents, as necessary.
Deliverables: Addendum(s), clarifications, conformed
documents, as necessary
TASK 8 – CONSTRUCTION SUPPORT SERVICES
TJKM has budgeted 48 hours of effort for assistance to the
City during construction. If the City requires additional effort
over this allocation amount, TJKM will request a contract
amendment for the City to consider for use of the contingency
funding available. During construction, TJKM will assist City
construction manager as follows:
Attend the pre-construction meeting.
Prepare responses to contractors’ RFIs during the
construction phase, as needed.
Review all contractor submittals and assist the City
inspector with specific design issues during construction.
Attend up to three construction progress meetings or field
meetings to answer design questions and clarify design
elements when requested by the City staff.
Prepare record drawings from Contractor redline as-builts
in AutoCAD format and .pdf format.
Deliverables: Record drawings, clarifications, and
response to submittals
Exceptions to the Scope of Services
It is understood that the following are not included in the scope
of services:
Traffic studies;
Hazardous waste testing, monitoring and contingency
plan for both site and building demolition work;
Phase I Environmental Assessment, Phase II Subsurface
Investigation, and asbestos and lead containing material
investigation and report;
Geotechnical monitoring;
Permit applications and fees;
Construction management, inspection, supervision and
scheduling;
Design of any structural elements;
Tentative Maps, Parcel Maps, Final Maps, and legal
descriptions and sketches;
Public Utility Easement or right of way dedications;
Construction staking; and,
QSD/QSP services.
Project Schedule
TJKM will complete this project in accordance with the schedule shown below.
Page 141
AppendicesPage 142
Cycle 10 Project Traffic Signal Improvements
APPENDICES
Litigation
TJKM has not had any lawsuits or litigations within the last 10 years.
Key Personnel Resumes
Each proposed TJKM Team member is highly qualified to successfully complete all tasks required by the City for this project. Our
Key Personnel resumes are included in the Appendix.
Changes to Agreement
TJKM has reviewed the sample agreement for consulting services and is willing to accept the terms and conditions set forth in the
agreement.
Page 143
Cycle 10 Project Traffic Signal Improvements
Appendix A
Resumes
Page 144
Planning Engineering ITS Parking Operations Complete Streets
California | Florida | Texas
1B
22
‐
Ruta Jariwala, PE, TE
PRINCIPAL
Project Role: Principal-In-Charge
Page 145
TJK
2
Page 146
Planning Engineering ITS Parking Operations Complete Streets
California | Florida | Texas
1B
31
Atul Patel, TE, PTOE
DIRECTOR OF ITS & DESIGN
Project Role: Project Manager
Page 147
letTJK
2
‐
Page 148
Planning Engineering ITS Parking Operations Complete Streets
California | Florida | Texas
1B
34
2B
Sayed Fakhry, PE, TE
QUALITY ASSURANCE & QUALITY CONTROL MANAGER
Project Role: QA/QC
Page 149
letTJK
2
Page 150
Planning Engineering ITS Parking Operations Complete Streets
California | Florida | Texas
1B
14
Rutvij Patel, EIT
SENIOR PROJECT MANAGER
Project Role: Prepare PS&E Task Lead & Bid &
Construction Support Task Lead
Page 151
TJK
2
‐
Page 152
Planning Engineering ITS Parking Operations Complete Streets
California | Florida | Texas
-
1B
22
2B
Mark Doty
SENIOR PLANNER
Project Role: Inventory of Existing Equipment &
Infrastructure Task Lead
Mark Doty
SENIOR PLANNER
Project Role:
Page 153
letTJK
2
Page 154
CALIFORNIA | FLORIDA | TEXAS
Corporate Oce 4305 Hacienda Drive, Suite 550, Pleasanton, CA 94588
925.463.0611 | www.TJKM.com
TJKM
Page 155
EXHIBIT "B"
COMPENSATION
Page 156
City of Palm Desert
HSIP Traffic Signal Improvements Project
TJKM
PIC
Project
Manager QA/QC Task Lead Admin
Ruta
Jariwala
Rutvij
Patel
Sayed
Fakhry Mark Doty
Andrew
Dickinson
Manuel
Montero
Raymundo
Gregorio-Flores Anna Highsmith Alee Moua
Michelle
Macer
$242.87 $190.00 $223.35 $159.45 $114.33 $108.60 $93.10 $117.74 $99.50 $125.26
1 Project Management
1.1 Project Management 40 40 2% $7,600 $7,600
1.2 Coordination & Meetings 8 40 32 80 4% $13,202 $1,500 $14,702
1.3 Administration 32 8 40 2% $7,082 $0 $7,082
2 Pre-Design Research
2.1 Field Investigation 24 40 40 40 40 184 10% $23,835 $1,000 $24,835
3 Prepare Basemapping & Preliminary Design
3.1 Prepare Basemaps & Utility Research 40 60 60 40 200 11% $24,700 $0 $24,700
3.2 50% PS&E Submittal 60 16 60 80 80 8 304 17% $38,971 $300 $39,271
4 Prepare Detailed Design PS&E
4.1 90% PS&E Submittal 40 16 60 80 80 40 40 8 364 20% $43,861 $200 $44,061
4.2 100% PS&E Submittal 8 48 16 60 60 60 40 40 8 340 19% $43,290 $200 $43,490
5 Bid Package (Final PS&E Submittal)8 40 16 40 40 40 8 192 11% $26,760 $300 $27,060
6 Permits & Agreements 80 80 4% $15,200 $15,200
Proposal Subtotal 24 444 64 40 352 360 300 80 120 40 1824 $244,501 $3,500 $248,001
Optional Services
7 Bid Support 8 8 $1,520 $0 $1,520
8 Construction Support 8 40 48 $5,244 $1,000 $6,244
C 10% Design Contingency (as needed)$24,800
Total Optional Services 0 16 0 0 0 0 40 0 0 0 56 6,764$ 1,000$ 32,564$
Total Including Optional Services 24 460 64 40 352 360 340 80 120 40 1,880 $251,265 $4,500 $280,565
Notes:
1 TJKM ODCs are for travel, traffic data collection, mileage and Plan sheet hard copies
TJKM ODC TJKM Fee
Work
Percentage
Tasks
Task
# Task Description
Total
Hours
TJKM
Total Labor
Costs
Labor - TJKM
Transportation Engineer
Page 157
!(
!(!(
!(!(!(!(!(!(!(!(!(!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(!(!(!(!(!(!(!(!(!(!(!(!(!(
!(!(!(!(!(!(!(
!(
!(
!(
!(
!(
!(
!(
!(
!(!(!(!(
!(
!(
!(!(!(
!(
!(
!(
!(!(!(
!(
!(
!(!(!(!(!(!(!(!(!(
!(
!(!(!(!(!(
!(
!(
!(
!(
!(
!(!(!(!(
!(
!(
!(
!(
!(
!(
!(
Palm Desert HSIP Application - Location Map
¯
Legend
City of Palm Desert Boundary
Project Intersections
!(Pedestrian Heads & Retroreflective Backplates
!(Retroreflective Backplate Only
Install Retroreflective Backplates and Replace Pedestrian Heads
Page 158
CONTRACT NO. ____________
STAFF REPORT
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
MEETING DATE: April 14, 2022
PREPARED BY: Shawn Muir, Management Analyst
REVIEWED BY: Andy Ramirez, Deputy Director of Public Works
REQUEST: Award Contract No. _______ to Knorr Systems International for Palm
Desert Aquatic Center (PDAC) Maintenance and Repair
___________________________________________________________________________
Recommendation
By Minute Motion:
1. Award Contract No. __________ to Knorr Systems International of Santa Ana,
California for the PDAC Maintenance and Repair Services in the amount of
$178,200 for a 5-year term ($35,640 annually) (Project No. 882-23);
2. Authorize the City Manager to approve extra work and services in an annual
amount not to exceed $25,000; and
3. Authorize the City Manager to execute the subject agreement, up to three (3)
contract extensions in the amount of $35,640 annually, and any c/o’s extra
work associated with this contract based on staff’s recommendations.
Funds are available in Account No. 2424549-4331101, Aquatic Facility/Contracted Pool.
Strategic Plan
This contract supports Parks & Recreation Priority 1 Goal of the Strategic Plan. This goal
recommends making recreation, health, and wellness an integral part of the Palm Desert
community. Maintaining the PDAC and conducting as-needed repairs on pool equipment
promotes the care of this aging facility in a proactive manner that ensures a safe recreation
experience for residents and reduces closures. The PDAC provides residents with
recreational opportunities such as lap swimming, swim lessons, and recreational swim.
In addition, proper pool maintenance keeps equipment functioning properly, reducing energy
consumption, and prolonging the lifespan of the equipment, which furthers Priority 1 of the
Energy and Sustainability goal.
Background Analysis
The Palm Desert Aquatic Center was constructed in 2011 to provide the residents of Palm
Desert and other Coachella Valley communities with recreational swim opportunities. The
facility has three pools for lap swimming, recreational swimming, and a small splash pool for
younger visitors. Since its opening, the PDAC has contracted a pool maintenance contractor
to provide maintenance and repair services on a regular basis. This maintenance provides
for the adequate and safe use of the PDAC and continues its prominence as a world-class
Page 159
Contract No. ___________
April 14, 2022 - Staff Report
Award to Contract to Knorr Systems International
Page 2 of 3
facility. In recent months, the Recreation Pool was resurfaced, filters were replaced, and new
energy-efficient in-water lighting was installed. An annual maintenance and repair contract
with a reputable company will allow the City to sustain this important investment.
For this reason, staff advertised a Request for Proposals on the City of Palm Desert’s bidding
portal, OpenGov. Four (4) companies attended the pre-bid meeting of March 15, 2022, to tour
the facility and ask questions about the scope of work. The following two (2) proposals were
received electronically on March 24, 2022:
Contractor Location Bid Amount Rating
Knorr Systems Int’l Santa Ana, CA $178,200.00 1
Pro V Construction Palm Desert, CA $ Not specified Non-Responsive
Three (3) staff members reviewed the proposals independently and held a meeting in which
Pro V Construction was eliminated from consideration due to nonattendance of the mandatory
pre-bid meeting. Knorr Systems International submitted a responsive bid that included all
requested information. Four (4) references were contacted to verify satisfactory performance:
1. Frank Parra of Hemet Unified School District (HUSD) stated Knorr has done their
monthly inspections for over 10 years. They have found Knorr’s service to be
professional, and attentive to repair needs. Although several technicians serve their
pools, all have been found to be capable and attentive to HUSD needs.
2. Henry Herrera of Temecula Unified School District stated that Knorr has been
contracted for repair needs on their pools. He found the technicians to be friendly and
helpful. Knorr repaired and performed maintenance on their Lochnivar brand heaters
– the same heaters used at PDAC.
3. Terryl Noreen of Claremont Unified School District stated Knorr just started their
monthly service July 2021 and has provided good service. Knorr was contracted for
maintenance after performing a larger job to modernize the school district’s swimming
pools. He stated the preventative maintenance Knorr provides is a good investment
on the new equipment.
4. Laurie Howard of Coachella Valley Unified School District stated Knorr provides
monthly service for their pool. Knorr has performed this service since the pool opened
approximately 14 years ago. Ms. Howard emphasized how Knorr always comes out
quickly when there is a need to respond to any issues. She also highlighted that Knorr
technicians are always knowledgeable and well-trained.
Upon review of the reference information, staff recommends Knorr Systems International for
this contract award based on their demonstrated ability to manage equipment and conduct
complicated repairs of large commercial pools similar in size to the proposed scope of work.
The contract is for a term of 5 years commencing July 1, 2022, through June 30, 2027, with
an option for three (3) one-year extensions.
Fiscal Analysis
The proposed Palm Desert Aquatic Center Operating Budget for Fiscal Year 2022-23
includes $100,000 in Account No. 2424549-4331101 specifically for pool maintenance and
Page 160
Contract No. ___________
April 14, 2022 - Staff Report
Award to Contract to Knorr Systems International
Page 3 of 3
repairs. The annual cost of this contract including extra work totals $60,640 ($35,640 contract
+ 25,000 extra work), which is within the budgeted amount. The total cost of the full 5-year
contract is $178,200 plus extra work not to exceed $25,000/year. Therefore, there is no
further fiscal impact to the general fund beyond the contract amount.
LEGAL REVIEW DEPT. REVIEW FINANCIAL
REVIEW
ASSISTANT
CITY MANAGER
N/A
Robert W. Hargreaves
City Attorney
Andy Firestine
Andy Firestine
Director of Public Works
Veronica Chavez
Veronica Chavez
Director of Finance
Andy Firestine
Andy Firestine
Assistant City Manager
City Manager, L. Todd Hileman: L. Todd Hileman
ATTACHMENTS: Agreement
Payment & Performance Bonds
Contractor’s Proposal
Vicinity Map
Page 161
Revised 11-2-20
BBK 72500.00001\32374943.1
- 1 -
CITY OF PALM DESERT
MAINTENANCE SERVICES AGREEMENT
I. PARTIES AND DATE.
This Agreement is made and entered into this 14th day of April, 2022 by and between the City of
Palm Desert, a municipal corporation organized under the laws of the State of California with its
principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-2578,
County of Riverside, State of California (“City”) and Knorr Systems International, a Limited Liability
Company with its principal place of business at 2221 S. Standard Avenue, Santa Ana, CA 92707
(“Contractor”). City and Contractor are sometimes individually referred to as “Party” and
collectively as “Parties” in this Agreement.
II. RECITALS.
A. Contractor.
Contractor desires to perform and assume responsibility for the provision of certain
maintenance services required by the City on the terms and conditions set forth in this Agreement.
Contractor represents that it is experienced in providing maintenance services to public clients,
that it and its subcontractors have all necessary licenses and permits to perform the services in
the State of California, and that it is familiar with the plans of City. Contractor shall not subcontract
any portion of the work required by this Agreement, except as expressly stated herein, without
prior written approval of City. Subcontracts, if any, shall contain a provision making them subject
to all provisions stipulated in this Agreement.
2.2 Project.
City desires to engage Contractor to render such services for the Lake and Water Features
Maintenance Services project (“Project”) as set forth in this Agreement.
1. TERMS.
a. Scope of Services and Term.
i. General Scope of Services. Contractor promises and agrees to
furnish to the City all labor, materials, tools, equipment, services, and incidental and customary
work necessary to fully and adequately supply the maintenance services necessary for the Project
(“Services”). The Services are more particularly described in Exhibit “A” attached hereto and
incorporated herein by reference. All Services shall be subject to, and performed in accordance
with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all
applicable local, state and federal laws, rules and regulations.
ii. Term. The term of this Agreement shall be from July 1, 2022, to
June 30, 2027, 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 three (3)
additional one-year terms. Contractor shall complete the Services within the term of this
Agreement and shall meet any other established schedules and deadlines. The Parties may, by
mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
b. Responsibilities of Contractor.
i. Control and Payment of Subordinates; Independent Contractor.
The Services shall be performed by Contractor or under its supervision. Contractor will determine
the means, methods and details of performing the Services subject to the requirements of this
Page 162
Contract No. __________________
- 2 -
Agreement. City retains Contractor on an independent contractor basis and not as an employee.
Any personnel performing the Services under this Agreement on behalf of Contractor shall not be
employees of City and shall at all times be under Contractor’s exclusive direction and control.
Contractor shall pay all wages, salaries, and other amounts due such personnel in connection
with their performance of Services under this Agreement and as required by law. Contractor shall
be responsible for all reports and obligations respecting such additional personnel, including, but
not limited to: social security taxes, income tax withholding, unemployment insurance, disability
insurance, and workers’ compensation insurance.
ii. Schedule of Services. Contractor shall perform the Services in a
prompt and timely manner in accordance with the Schedule of Services set forth in Exhibit “B”
attached hereto and incorporated herein by reference. Contractor represents that it has the
professional and technical personnel required to perform the Services in conformance with such
conditions. Upon request of City, Contractor shall provide a more detailed schedule of anticipated
performance to meet the Schedule of Services.
iii. Conformance to Applicable Requirements. All work prepared by
Contractor shall be subject to the approval of City.
iv. City’s Representative. The City hereby designates Randy Chavez,
Landscape Supervisor, or his or her designee, to act as its representative for the performance of
this Agreement (“City’s Representative”). City’s Representative shall have the power to act on
behalf of the City for all purposes under this Agreement except for increasing compensation.
Contractor shall not accept direction or orders from any person other than the City’s
Representative or his or her designee.
v. Contractor’s Representative. Contractor hereby designates
Director of Public Works, or his or her designee, to act as its representative for the performance
of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full
authority to represent and act on behalf of the Contractor for all purposes under this Agreement.
The Contractor’s Representative shall supervise and direct the Services, using his best skill and
attention, and shall be responsible for all means, methods, techniques, sequences and
procedures and for the satisfactory coordination of all portions of the Services under this
Agreement.
vi. Coordination of Services. Contractor agrees to work closely with
City staff in the performance of Services and shall be available to City’s staff, consultants and
other staff at all reasonable times.
vii. Standard of Care; Performance of Employees. Contractor shall
perform all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in the
State of California. Contractor represents and maintains that it is skilled in the professional calling
necessary to perform the Services. Contractor warrants that all employees and subcontractors
shall have sufficient skill and experience to perform the Services assigned to them. Finally,
Contractor represents that it, its employees and subcontractors have all licenses, permits,
qualifications and approvals of whatever nature that are legally required to perform the Services,
including a City Business License, and that such licenses and approvals shall be maintained
throughout the term of this Agreement. Contractor shall perform, at its own cost and expense
and without reimbursement from the City, any services necessary to correct errors or omissions
which are caused by the Contractor’s failure to comply with the standard of care provided for
Page 163
Contract No. __________________
- 3 -
herein. Any employee of the Contractor or its sub-contractors who is determined by the City to
be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a
threat to the safety of persons or property, or any employee who fails or refuses to perform the
Services in a manner acceptable to the City, shall be promptly removed from the Project by the
Contractor and shall not be re-employed to perform any of the Services or to work on the Project.
viii. Period of Performance and Liquidated Damages. Contractor shall
perform and complete all Services under this Agreement within the term set forth in Section 3.1.2
above (“Performance Time”). Contractor shall perform the Services in strict accordance with any
completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or
which may be provided separately in writing to the Contractor. Contractor agrees that if the
Services are not completed within the aforementioned Performance Time and/or pursuant to any
such completion schedule or Project milestones developed pursuant to provisions of this
Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant
to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated
damages, and not as a penalty, the sum of Two Hundred Fifty Dollars ($250.00) per day for each
and every calendar day of delay beyond the Performance Time or beyond any completion
schedule or Project milestones established pursuant to this Agreement.
ix. Disputes. Should any dispute arise respecting the true value of any
work done, of any work omitted, or of any extra work which Contractor may be required to do or
respecting the size of any payment to Contractor during the performance of this Contract,
Contractor shall continue to perform the Work while said dispute is decided by the City. If
Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided
by law.
x. Laws and Regulations; Employee/Labor Certifications. Contractor
shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and
regulations in any manner affecting the performance of the Project or the Services, including all
Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for
all violations of such laws and regulations in connection with the Services and this Agreement.
All violations of such laws and regulations shall be grounds for the City to terminate the Agreement
for cause. City is a public entity of the State of California subject to certain provisions of the Health
& Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is
stipulated and agreed that all provisions of the law applicable to the public contracts of a
municipality are a part of this Agreement to the same extent as though set forth herein and will be
complied with.
3.2.10.1 Employment Eligibility; Contractor. Contractor certifies that
it fully complies with all requirements and restrictions of state and federal law respecting the
employment of undocumented aliens, including, but not limited to, the Immigration Reform and
Control Act of 1986, as may be amended from time to time and shall require all subconsultants
and sub-subconsultants to comply with the same. Contractor certifies that it has not committed a
violation of any such law within the five (5) years immediately preceding the date of execution of
this Agreement and shall not violate any such law at any time during the term of the Agreement.
3.2.10.2 Labor Certification. By its signature hereunder, Contractor
certifies that it is aware of the provisions of Section 3700 of the California Labor Code which
require every employer to be insured against liability for Workers’ Compensation or to undertake
self-insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
Page 164
Contract No. __________________
- 4 -
3.2.10.3 Equal Opportunity Employment. Contractor represents that
it is an equal opportunity employer and it shall not discriminate against any subcontractor,
employee or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities
related to initial employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff or termination. Contractor shall comply with all relevant provisions of City’s
Minority Business Enterprise program, Affirmative Action Plan or other related programs or
guidelines currently in effect or hereinafter enacted.
3.2.10.4 Air Quality. Contractor must fully comply with all applicable
laws, rules and regulations in furnishing or using equipment and/or providing services, including,
but not limited to, emissions limits and permitting requirements imposed by the California Air
Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and
requirements’ application to “portable equipment”, which definition is considered by CARB to
include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against
any fines or penalties imposed by CARB or any other governmental or regulatory agency for
violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others
for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
3.2.10.5 Water Quality Management and Compliance. To the extent
applicable, Contractor’s Services must account for, and fully comply with, all local, state and
federal laws, rules and regulations that may impact water quality compliance, including, without
limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300);
the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws,
rules and regulations of the Environmental Protection Agency and the State Water Resources
Control Board; the City’s ordinances regulating discharges of storm water; and any and all
regulations, policies, or permits issued pursuant to any such authority regulating the discharge of
pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or
surface water in the State. Failure to comply with the laws, regulations and policies described in
this Section is a violation of law that may subject Contractor to penalties, fines, or additional
regulatory requirements.
3.2.11 Insurance.
3.2.11.1 Minimum Requirements. Without limiting Contractor’s
indemnification of City, and prior to commencement of the Services, Contractor shall obtain,
provide and maintain at its own expense during the term of this Agreement, policies of insurance
of the type and amounts described below and in a form that is satisfactory to City.
(A) General Liability Insurance. Contractor shall maintain
commercial general liability insurance with coverage at least as broad as Insurance Services
Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general
aggregate, for bodily injury, personal injury, and property damage. The policy must include
contractual liability that has not been amended. Any endorsement restricting standard ISO
“insured contract” language will not be accepted.
(B) Automobile Liability Insurance. Contractor shall maintain
automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering
bodily injury and property damage for all activities of the Contractor arising out of or in connection
with Work to be performed under this Agreement, including coverage for any owned, hired, non-
owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each
Page 165
Contract No. __________________
- 5 -
accident. The City’s Risk Manager may modify this requirement if it is determined that Consultant
will not be utilizing a vehicle in the performance of his/her duties under this Agreement.
(C) Umbrella or Excess Liability Insurance. Contractor may opt
to utilize umbrella or excess liability insurance in meeting insurance requirements. In such
circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance
policy with limits that will provide bodily injury, personal injury and property damage liability
coverage at least as broad as the primary coverages set forth above, including commercial
general liability and employer’s liability. Such policy or policies shall include the following terms
and conditions:
(a) A drop down feature requiring the policy to
respond if any primary insurance that would otherwise have applied proves to be uncollectible in
whole or in part for any reason;
(b) Pay on behalf of wording as opposed to
reimbursement;
(c) Concurrency of effective dates with primary
policies; and
(d) Policies shall “follow form” to the underlying
primary policies.
(e) Insureds under primary policies shall also be
insureds under the umbrella or excess policies.
(D) Workers’ Compensation Insurance. Contractor shall
maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance
(with limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of the City, its elected or appointed
officers, and their respective agents, officials, employees, volunteers and representatives.
(E) Reserved
(F) Reserved
(G) Reserved
3.2.11.2 Other Provisions and Requirements.
(A) Proof of Insurance. Contractor shall provide certificates of
insurance to City as evidence of the insurance coverage required herein, along with a waiver of
subrogation endorsement for workers’ compensation. Insurance certificates and endorsements
must be approved by City’s Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file with City at all times during the term of this contract.
City reserves the right to require complete, certified copies of all required insurance policies, at
any time.
Page 166
Contract No. __________________
- 6 -
(B) Duration of Coverage. Contractor shall procure and
maintain for the duration of the contract insurance against claims for injuries to persons or
damages to property, which may arise from or in connection with the performance of the work
hereunder by Contractor, his/her agents, representatives, employees or subconsultants.
(C) Primary/Non-Contributing. Coverage provided by
Contractor shall be primary and any insurance or self-insurance procured or maintained by City
shall not be required to contribute with it. The limits of insurance required herein may be satisfied
by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance
shall contain or be endorsed to contain a provision that such coverage shall also apply on a
primary and non-contributory basis for the benefit of City before the City’s own insurance or self-
insurance shall be called upon to protect it as a named insured.
(D) City’s Rights of Enforcement. In the event any policy of
insurance required under this Agreement does not comply with these specifications, or is
canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Contractor, or City will
withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City
may cancel this Agreement.
(E) Acceptable Insurers. All insurance policies shall be issued
by an insurance company currently authorized by the Insurance Commissioner to transact
business of insurance or is on the List of Approved Surplus Line Insurers in the State of California,
with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or
larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise
approved by the City’s Risk Manager.
(F) Waiver of Subrogation. All insurance coverage maintained
or procured pursuant to this agreement shall be endorsed to waive subrogation against the City,
its elected or appointed officers, and their respective agents, officials, employees, volunteers and
representatives, or shall specifically allow Contractor or others providing insurance evidence in
compliance with these specifications to waive their right of recovery prior to a loss. Contractor
hereby waives its own right of recovery against the City, its elected or appointed officers, and their
respective agents, officials, employees, volunteers and representatives, and shall require similar
written express waivers and insurance clauses from each of its subcontractors.
(G) Enforcement of Contract Provisions (non estoppel).
Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to
inform Contractor of non-compliance with any requirement imposes no additional obligations on
the City nor does it waive any rights hereunder.
(H) Requirements Not Limiting. Requirements of specific
coverage features or limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided by any insurance.
Specific reference to a given coverage feature is for purposes of clarification only as it pertains to
a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Contractor maintains higher limits than the
minimums shown above, the City requires and shall be entitled to coverage for the higher limits
maintained by the Contractor. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the City.
Page 167
Contract No. __________________
- 7 -
(I) Notice of Cancellation. Contractor agrees to oblige its
insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation
(except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for
each required coverage.
(J) Additional Insured Status. General liability, automobile
liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed
to provide that the City, its elected or appointed officers, and their respective agents, officials,
employees, volunteers and representatives, shall be additional insureds under such policies. This
provision shall also apply to any excess/umbrella liability policies.
(K) Prohibition of Undisclosed Coverage Limitations. None of
the coverages required herein will be in compliance with these requirements if they include any
limiting endorsement of any kind that has not been first submitted to City and approved of in
writing.
(L) Separation of Insureds. A severability of interests provision
must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately
to each insured against whom claim is made or suit is brought, except with respect to the insurer’s
limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
(M) Pass Through Clause. Contractor agrees to ensure that its
sub-consultants, sub-contractors, and any other party involved with the Project who is brought
onto or involved in the project by Contractor, provide the same minimum insurance coverage and
endorsements required of Contractor. Contractor agrees to monitor and review all such coverage
and assumes all responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Contractor agrees that upon request, all agreements with
consultants, subcontractors, and others engaged in the Project will be submitted to City for review.
(N) City’s Right to Revise Specifications. The City or its Risk
Manager reserves the right at any time during the term of the contract to change the amounts and
types of insurance required by giving the Contractor ninety (90) days advance written notice of
such change. If such change results in cost to the Contractor, the City and Contractor may
renegotiate Contractor’s compensation. If the City reduces the insurance requirements, the
change shall go into effect immediately and require no advanced written notice.
(O) Self-Insured Retentions. Any self-insured retentions must
be declared to and approved by City. City reserves the right to require that self-insured retentions
be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to
comply with these specifications unless approved by City.
(P) Timely Notice of Claims. Contractor shall give City prompt
and timely notice of claims made or suits instituted that arise out of or result from Contractor’s
performance under this Agreement, and that involve or may involve coverage under any of the
required liability policies.
(Q) Additional Insurance. Contractor shall also procure and
maintain, at its own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the work.
Page 168
Contract No. __________________
- 8 -
3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury
or damage to any person or property. In carrying out its Services, the Contractor shall at all times
be in compliance with all applicable local, state and federal laws, rules and regulations, and shall
exercise all necessary precautions for the safety of employees appropriate to the nature of the
work and the conditions under which the work is to be performed. Safety precautions, where
applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving
equipment and procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks,
confined space procedures, trenching and shoring, equipment and other safety devices,
equipment and wearing apparel as are necessary or lawfully required to prevent accidents or
injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety
measures.
3.2.13 Bonds.
3.2.13.1 Performance Bond. If required by law or otherwise
specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference,
Contractor shall execute and provide to City concurrently with this Agreement a Performance
Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in
a form provided or approved by the City. If such bond is required, no payment will be made to
Contractor until it has been received and approved by the City.
3.2.13.2 Payment Bond. If required by law or otherwise specifically
requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor
shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount
of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or
approved by the City. If such bond is required, no payment will be made to Contractor until it has
been received and approved by the City.
3.2.13.3 Bond Provisions. Should, in City’s sole opinion, any bond
become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace
the affected bond within ten (10) days of receiving notice from City. In the event the surety or
Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written
notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least
ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due
or will be made under this Agreement until any replacement bonds required by this Section are
accepted by the City. To the extent, if any, that the total compensation is increased in accordance
with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds
to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to
the City. To the extent available, the bonds shall further provide that no change or alteration of
the Agreement (including, without limitation, an increase in the total compensation, as referred to
above), extensions of time, or modifications of the time, terms, or conditions of payment to the
Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City
may terminate this Agreement for cause.
3.2.13.4 Surety Qualifications. Only bonds executed by an admitted
surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The
surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII
and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet
these requirements, the insurer will be considered qualified if it is in conformance with
Page 169
Contract No. __________________
- 9 -
Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the
City.
3.2.14 Accounting Records. Contractor shall maintain complete and accurate
records with respect to all costs and expenses incurred under this Agreement. All such records
shall be clearly identifiable. Contractor shall allow a representative of City during normal business
hours to examine, audit, and make transcripts or copies of such records and any other documents
created pursuant to this Agreement. Contractor shall allow inspection of all work, data,
documents, proceedings, and activities related to the Agreement for a period of three (3) years
from the date of final payment under this Agreement.
3.2.15 Work Sites.
3.2.15.1 Inspection Of Site. Contractor shall visit sites where
Services are to be performed and shall become acquainted with all conditions affecting the
Services prior to commencing the Services. Contractor shall make such examinations as it deems
necessary to determine the condition of the work sites, its accessibility to materials, workmen and
equipment, and to determine Contractor’s ability to protect existing surface and subsurface
improvements. No claim for allowances–time or money–will be allowed as to such matters after
commencement of the Services.
3.2.15.2 Field Measurements. Contractor shall make field
measurements, verify field conditions and shall carefully compare such field measurements and
conditions and other information known to Contractor with the Contract, including any plans,
specifications, or scope of work before commencing Services. Errors, inconsistencies or
omissions discovered shall be reported to the City immediately and prior to performing any
Services or altering the condition.
3.2.15.3 Hazardous Materials and Differing Conditions. Should
Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other
toxic wastes, hazardous substances and hazardous materials as defined in California state or
federal law at the site which have not been rendered harmless, the Contractor shall immediately
stop work at the affected area and shall report the condition to the City in writing. The City shall
contract for any services required to directly remove and/or abate PCBs, hazardous substances,
other toxic wastes and hazardous materials, and shall not require the Contractor to subcontract
for such services. The Services in the affected area shall not thereafter be resumed except by
written agreement of the City and Contractor.
3.2.16 Loss and Damage. Contractor shall be responsible for all loss and
damage which may arise out of the nature of the Services agreed to herein, or from the action of
the elements, or from any unforeseen difficulties which may arise or be encountered in the
prosecution of the Services until the same is fully completed and accepted by City.
3.2.17 Warranty. Contractor warrants all Services under the Agreement (which
for purposes of this Section shall be deemed to include unauthorized work which has not been
removed and any non-conforming materials incorporated into the work) to be of good quality and
free from any defective or faulty material and workmanship. Contractor agrees that for a period
of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or
warranty provided by any manufacturer or supplier of equipment or materials incorporated into
the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10)
days after being notified in writing by the City of any defect in the Services or non-conformance
Page 170
Contract No. __________________
- 10 -
of the Services to the Agreement, commence and prosecute with due diligence all Services
necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act
sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its
sole cost and expense, repair and replace any portions of the work (or work of other contractors)
damaged by its defective Services or which becomes damaged in the course of repairing or
replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct
defective work shall be reinstated for an additional one (1) year period, commencing with the date
of acceptance of such corrected work. Contractor shall perform such tests as the City may require
to verify that any corrective actions, including, without limitation, redesign, repairs, and
replacements comply with the requirements of the Agreement. All costs associated with such
corrective actions and testing, including the removal, replacement, and reinstitution of equipment
and materials necessary to gain access, shall be the sole responsibility of the Contractor. All
warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any
portion of the work, whether express or implied, are deemed to be obtained by Contractor for the
benefit of the City, regardless of whether or not such warranties and guarantees have been
transferred or assigned to the City by separate agreement and Contractor agrees to enforce such
warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails
to perform its obligations under this Section, or under any other warranty or guaranty under this
Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and
replace any defective or non-conforming work and any work damaged by such work or the
replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to
fully reimburse the City for any expenses incurred hereunder upon demand.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor 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 Hundred Seventy-Eight Thousand Two Hundred Dollars ($178,200) without
written approval of the City Council or City Manager, as applicable.
3.3.2 Payment of Compensation. Contractor shall submit to City monthly
invoices which provides a detailed description of the Services and hours rendered by Contractor.
City shall, within thirty (30) days of receiving such statement, review the statement and pay all
non-disputed and approved charges. Contractor shall submit its final invoice to City within thirty
(30) days from the last date of provided Services or termination of this Agreement and failure by
the Contractor to submit a timely invoice shall constitute a waiver of its right to final payment.
Payment shall not constitute acceptance of any Services completed by Contractor. The making
of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.
3.3.2.1 Reserved
3.3.3 Deductions. City may deduct or withhold, as applicable, from each
progress payment an amount necessary to protect City from loss because of: (1) stop payment
notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3)
sums representing expenses, losses, or damages as determined by the City, incurred by the City
for which Contractor is liable under the Agreement; and (4) any other sums which the City is
entitled to recover from Contractor under the terms of the Agreement or pursuant to state law,
including Section 1727 of the California Labor Code. The failure by the City to deduct any of
these sums from a progress payment shall not constitute a waiver of the City's right to such sums.
Page 171
Contract No. __________________
- 11 -
3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any
expenses unless authorized in writing by City.
3.3.5 Extra Work. At any time during the term of this Agreement, City may
request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which
is determined by City to be necessary for the proper completion of the Project, but which the
parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Contractor shall not perform, nor be compensated for, Extra Work without written authorization
from City’s Representative.
3.3.6 Prevailing Wages. Contractor is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations,
Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing
wage rates and the performance of other requirements on “public works” and “maintenance”
projects. If the Services are being performed as part of an applicable “public works” or
“maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is
$15,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall
provide Contractor with a copy of the prevailing rates of per diem wages in effect at the
commencement of this Agreement. Contractor shall make copies of the prevailing rates of per
diem wages for each craft, classification or type of worker needed to execute the Services
available to interested parties upon request and shall post copies at the Contractor’s principal
place of business and at the Project site. Contractor shall defend, indemnify, and hold the City,
its elected or appointed officers, and their respective agents, officials, employees, volunteers and
representatives free and harmless from any claim or liability arising out of any failure or alleged
failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and
all subcontractors to comply with all California Labor Code provisions, which include but are not
limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of
apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4
and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors
and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll
records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to
work performed on a public works project that is exempt pursuant to the small project exemption
specified in Labor Code Section 1771.4.
3.3.7 Registration/DIR Compliance. If the Services are being performed as part
of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000
or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all
subcontractors performing such Services must be registered with the Department of Industrial
Relations. Contractor shall maintain registration for the duration of the Project and require the
same of any subcontractors, as applicable. This Project may also be subject to compliance
monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s
sole responsibility to comply with all applicable registration and labor compliance requirements.
Any stop orders issued by the Department of Industrial Relations against Contractor or any
subcontractor that affect Contractor’s performance of Services, including any delay, shall be
Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall
be considered Contractor caused delay and shall not be compensable by the City. Contractor
shall defend, indemnify and hold the City, its elected or appointed officers, and their respective
agents, officials, employees, volunteers and representatives free and harmless from any claim or
liability arising out of stop orders issued by the Department of Industrial Relations against
Contractor or any subcontractor.
Page 172
Contract No. __________________
- 12 -
3.4 Termination of Agreement.
3.4.1 Grounds for Termination. City may, by written notice to Contractor,
terminate the whole or any part of this Agreement at any time and without cause by giving written
notice to Contractor of such termination, and specifying the effective date thereof, at least seven
(7) days before the effective date of such termination. Upon termination, Contractor shall be
compensated only for those Services which have been adequately rendered to City, and
Contractor shall be entitled to no further compensation. Contractor may not terminate this
Agreement except for cause.
3.4.2 Effect of Termination. If this Agreement is terminated as provided herein,
City may require Contractor to provide all finished or unfinished information of any kind prepared
by Contractor in connection with the performance of Services under this Agreement. Contractor
shall be required to provide such document and other information within fifteen (15) days of the
request.
3.4.3 Additional Services. In the event this Agreement is terminated in whole or
in part as provided herein, City may procure, upon such terms and in such manner as it may
determine appropriate, services similar to those terminated.
3.5 General Provisions.
3.5.1 Delivery of Notices. All notices permitted or required under this Agreement
shall be given to the respective parties at the following address, or at such other address as the
respective parties may provide in writing for this purpose:
Contractor:
Knorr Systems International, LLC
2221 S. Standard Avenue
Santa Ana, CA 92707
City:
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
Attn: Shawn Muir
Such notice shall be deemed made when personally delivered or when mailed,
forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to
the party at its applicable address. Actual notice shall be deemed adequate notice on the date
actual notice occurred, regardless of the method of service.
3.5.2 Indemnification.
3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law,
Contractor shall defend, indemnify and hold the City, its elected or appointed officers, and their
respective agents, officials, employees, volunteers and representatives free and harmless from
any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses,
liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or
equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or
persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining
Page 173
Contract No. __________________
- 13 -
to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials,
officers, employees, subcontractors, consultants or agents in connection with the performance of
the Services, the Project or this Agreement, including without limitation the payment of all expert
witness fees, attorneys’ fees and other related costs and expenses except such Claims caused
by the sole or active negligence or willful misconduct of the City.
3.5.2.2 Additional Indemnity Obligations. Contractor shall defend,
with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims
covered by this section that may be brought or instituted against the City, its elected or appointed
officers, and their respective agents, officials, employees, volunteers and representatives. In
addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered
against the City, its elected or appointed officers, and their respective agents, officials, employees,
volunteers and representatives as part of any such claim, suit, action or other proceeding.
Contractor shall also reimburse City for the cost of any settlement paid by the City, its elected or
appointed officers, and their respective agents, officials, employees, volunteers and
representatives as part of any such claim, suit, action or other proceeding. Such reimbursement
shall include payment for City’s attorney’s fees and costs, including expert witness fees.
Contractor shall reimburse the City, its elected or appointed officers, and their respective agents,
officials, employees, volunteers and representatives, for any and all legal expenses and costs
incurred by each of them in connection therewith or in enforcing the indemnity herein provided.
Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and
shall not be restricted to insurance proceeds, if any, received by the Contractor, the City, its
elected or appointed officers, and their respective agents, officials, employees, volunteers and
representatives.
3.5.3 Governing Law; Government Code Claim Compliance. This Agreement
shall be governed by the laws of the State of California. Venue shall be in Riverside County. In
addition to any and all Agreement requirements pertaining to notices of and requests for
compensation or payment for extra work, disputed work, claims and/or changed conditions,
Contractor must comply with the claim procedures set forth in Government Code sections 900 et
seq. prior to filing any lawsuit against the City. Such Government Code claims and any
subsequent lawsuit based upon the Government Code claims shall be limited to those matters
that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or
changed conditions have been followed by Contractor. If no such Government Code claim is
submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified
herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.
3.5.4 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ
other contractors in connection with this Project.
3.5.6 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate or
transfer, either directly or by operation of law, this Agreement or any interest herein without the
prior written consent of the City. Any attempt to do so shall be null and void, and any assignees,
hypothecates or transferees shall acquire no right or interest by reason of such attempted
assignment, hypothecation or transfer.
Page 174
Contract No. __________________
- 14 -
3.5.8 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any term
referencing time, days or period for performance shall be deemed calendar days and not work
days. All references to Contractor include all personnel, employees, agents, and subcontractors
of Contractor, except as otherwise specified in this Agreement. All references to the City include
its elected or appointed officers, and their respective agents, officials, employees, volunteers and
representatives except as otherwise specified in this Agreement. The captions of the various
articles and paragraphs are for convenience and ease of reference only, and do not define, limit,
augment, or describe the scope, content or intent of this Agreement.
3.5.9 Amendment; Modification. No supplement, modification or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel or otherwise.
3.5.11 No Third-Party Beneficiaries. Except to the extent expressly provided for
in Section 3.5.7, there are no intended third-party beneficiaries of any right or obligation assumed
by the Parties.
3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
shall continue in full force and effect.
3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or violation
of this warranty, City shall have the right to rescind this Agreement without liability. For the term
of this Agreement, no member, officer or employee of City, during the term of his or her service
with City, shall have any direct interest in this Agreement, or obtain any present or anticipated
material benefit arising therefrom.
3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one
another and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.5.15 Authority to Enter Agreement. Contractor has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.5.16 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
Page 175
Contract No. __________________
- 15 -
3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by both
parties.
3.5.18 Reserved.
[SIGNATURES ON NEXT PAGE]
Page 176
Contract No. __________________
Exhibit B - 1
SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT
BETWEEN THE CITY OF PALM DESERT
AND KNORR SYSTEMS INTERNATIONAL, LLC.
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed
on the day and year first above written.
CITY OF PALM DESERT
By:
L. TODD HILEMAN
City Manager
ATTEST:
By:
ANTHONY J. MEJIA
City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
Knorr Systems International, LLC.
By:
Its:
Printed Name:
Rich Robert, President___________________
____________________________________
Contractor’s License Number and
Classification
____________________________________
DIR Registration Number (if applicable)
Page 177
Contract No. __________________
(BB&K 2019)
72500.00001\32374943.1
Exhibit B-2
EXHIBIT “A”
PROPOSED SCOPE OF SERVICES
1. GENERAL SCOPE OF WORK
The Contractor will provide maintenance and repair services for City of Palm Desert in accordance
with the Contract Documents at the Palm Desert Aquatic Center (PDAC), located at 73751
Magnesia Falls Drive, Palm Desert, CA 92260.
The Contractor will furnish all labor, materials, renderings, equipment, tools, removal, installation,
labor, coordination, permits, supervision, utility and transportation services, and incidentals
(including tax) as necessary. Built in 2011, PDAC now has unique maintenance and equipment
needs that will be met through this maintenance and repair contract. All facility equipment will be
maintained in a manner that provides for the adequate and safe use of the PDAC and continues
the PDAC’s prominence as a world-class facility for the enjoyment of the community.
2. SERVICES TO BE PERFORMED
Contractor shall provide the necessary equipment and labor to maintain the PDAC and will be
able to respond to emergency calls for service within two (2) hours at the level of maintenance
and service defined by the City.
2.1 Contractor will visit the PDAC at a minimum of once per month to perform maintenance
and repair activities, inspect equipment for proper operation and function, and discuss
any issues with the PDAC Manager and/or Operator on site. PDAC is an 8-acre
aquatic facility featuring three (3) pools which are included in this scope of work:
• Lap Pool (887,000 gallon, 15-foot-deep pool that is primarily used for lap
swimming, competitive swimming, and water polo; 14-inch plumbing)
• Recreation Pool (190,000 gallon, up to 5-foot-deep pool that is primarily used
for recreation in all age groups; 6-inch plumbing)
• Splash Pool (13,000 gallon, 1-foot-deep pool that is primarily used for
recreation in younger age groups; 6-inch plumbing)
2.2 The contractor will provide technicians capable of working on all equipment at the
PDAC, as listed below:
• Lap Pool: CPN2071 (x3) 199,000 BTU Lochinvar Heaters with .75 HP Booster
Pumps, BECSys7*, SD43-88P-KSI-C (x2), SD43-88P-KSI-A, NPC-84-
1638F.S., SPCS, Sureguard UV
• Recreation Pool: CPN1801 (x2) 199,000 BTU Locinvar Heaters with .75 HP
Booster Pumps, BECSys7*, C121-362SI-C, B121-392SI-A, NPC-42-0380
F.S., SPCS
• Splash Pool: BECSys7*, C121-362SI-C, B121-392SI-A, NPC-42-0380 F.S.,
SPCS
• Hydrostatic Valve Auto fill w/ CLA- VAL x2
• Blue and White Flexflo A2A Chlorinator x3
• Maytronics Wave Vacuum x2
Page 178
Contract No. __________________
(BB&K 2019)
72500.00001\32374943.1
Exhibit B-3
* Must have software and capability to calibrate and download controller data
2.3 The contractor will perform the following minimum tasks at each monthly site visit for
all three (3) pools at the facility:
• Log filtration system influent and effluent pressure
• Log system flow rate
• Service inlet & outlet backwash valves
• Backwash filtration system
• Lubricate booster pump bearing assembly
• Download chemical controller
• Remove and clean controller sensor probes
• Calibrate controller
• Provide controller training updates to Operator
• Remove and clean chlorine injectors
• Inspect chemical tubing
• Torque chemical pump head bolts and tubing fittings
• Clean injection check valves for sodium hypochlorite pumps and acid pumps
• Log heater inlet, outlet, and delta temperatures
• Perform chemical evaluation and fine tune chemical outputs and use as
needed
• Provide recommendations based on evaluation results
• Perform two-point controller calibration
o Test operation of the safety flow switch
o Calibrate controller per manufacturer specification
o Complete chemical evaluation to confirm proper water balance
o Provide recommendations to make chemical corrections
2.4 The site visit schedule will be developed in coordination with PDAC. A written Field
Service Report for each of the three (3) pools at the facility will be completed and
submitted to PDAC within one week of the visit. Minimum requirements of the site visit
report shall include:
• Site location name and address
• Contractor name and address
• Name of technician(s) providing service
• Date of visit and time in/out
• List of readings taken and logged (see section 2.3)
• Complete chemical evaluation with detailed report, including daily chemical
levels history
• Written description of work performed
• Recommendations
2.5 In addition to scheduled monthly site visits, Contractor will participate in one (1) annual
meeting with City and PDAC staff to review short-term and long-term equipment need
projections and life expectancies. This will allow the City and PDAC to accurately
Page 179
Contract No. __________________
(BB&K 2019)
72500.00001\32374943.1
Exhibit B-4
budget and plan for anticipated maintenance needs, facility repairs and upgrades.
2.6 Contractor shall provide appropriate equipment and labor for the execution of all
maintenance and repair activities. City of Palm Desert reserves the right to inspect
and/or approve any equipment used in this contract. If City of Palm Desert deems the
equipment to be in disrepair or inappropriate to the task at hand, City of Palm Desert
may require that the equipment be removed from the job site and replaced with a
different piece of equipment.
2.7 Contractor shall provide personnel fully trained in all phases of plumbing maintenance.
Contractor shall provide personnel capable of effective verbal communication with City
of Palm Desert representatives. If City of Palm Desert deems personnel to be
inadequate to accomplish the task at hand, City of Palm Desert may require that the
personnel be removed from the job site and replaced with personnel demonstrating
the appropriate level of job knowledge, skills, and verbal communication to effectively
accomplish the work.
2.8 Prior to commencement of the contract, designated City of Palm Desert
representative(s) and the Contractor will perform a mandatory acceptance walk-
through inspection of the contract area. It is Contractor’s responsibility to identify to
City of Palm Desert unacceptable conditions with the PDAC facility and systems at the
time of the walk-through. At City of Palm Desert’s discretion, unacceptable conditions
may be resolved with the current (outgoing) contractor or with the successor
Contractor on a “one-time only, extra-work” basis. After such corrections are made,
the successor Contractor will be responsible for all contractual services. Any new
equipment installations if provided by the Contractor will include a one-year warranty
or better.
2.9 Contractor shall remove debris caused by all maintenance activities on the same
working day that such debris is accumulated, unless otherwise agreed upon by the
Contractor, PDAC staff, and City staff in advance.
2.10 Contractor is required to protect from damage as necessary, existing equipment that
is not part of the repair services. Contractor will be responsible to replace or repair
any equipment damaged by contractor, not related to the service, at Contractor’s
expense and include a one-year warranty or better.
2.11 Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300
of the Public Contract Code, all proposers must possess proper licenses for
performance of the Contract. Subcontractors must possess the appropriate licenses
for each specialty subcontracted. Pursuant to Section 7028.5 of the Business and
Professions Code, the City shall consider any proposal submitted by a contractor not
currently licensed in accordance with state law and pursuant to the requirements found
in the Contract Documents to be nonresponsive, and the City shall reject the proposal.
The City shall have the right to request, and the proposers shall provide within five (5)
calendar days, evidence satisfactory to the City of all valid license(s) currently held by
that proposer and each of the proposer’s subcontractors before awarding the Contract.
Page 180
Contract No. __________________
(BB&K 2019)
72500.00001\32374943.1
Exhibit B-5
3. NON-CONTRACTUAL REPAIRS
Equipment service and parts not described in this scope of work will be needed periodically to
satisfactorily maintain the PDAC facility. On such occasions, the following criteria will be
followed:
3.1 No non-contractual work will be initiated without an approved City of Palm Desert Work
Order.
3.2 When system malfunction or damage is detected, the repair of which is non-
contractual in nature, Contractor will flag the location and notify PDAC staff before the
close of business the same workday.
3.3 Upon receipt of an approved Work Order, repairs to a non-operational and/or damaged
PDAC equipment shall be completed within 24 hours, or as otherwise indicated on the
Work Order.
3.4 All repairs deemed non-contractual will be paid on a time-and-materials basis.
3.5 Labor will be billed per the hourly rates established indicated in the Contractor’s
proposal.
3.6 Materials will be billed at “cost plus 15%” or, at City of Palm Desert’s discretion; include
a one-year warranty or better; materials may be supplied to Contractor by City of Palm
Desert.
Page 181
Contract No. __________________
(BB&K 2019)
72500.00001\32374943.1
Exhibit B-6
EXHIBIT “B”
SCHEDULE OF SERVICES
The term of this Agreement shall be from July 1, 2022, to June 30, 2027, 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 three (3) additional one-year terms. Contractor shall
complete the Services within the term of this Agreement and shall meet any other established
schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this
Agreement if necessary to complete the Services.
Page 182
Contract No. __________________
EXHIBIT “C”
COMPENSATION
[In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above
may be increased or reduced each year at the time of renewal, but any increase shall not exceed
the Consumer Price Index, All Urban Consumers, Los Angeles-Riverside-Orange Counties.]
Page 183
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded
to ____________________, (hereinafter referred to as the “Contractor”)
_______________________ an agreement for ______________________________
(hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in
the Contract Documents for the Project dated ________________, (hereinafter referred to as
“Contract Documents”), the terms and conditions of which are expressly incorporated herein by
reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms
thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, _______________, the undersigned Contractor and
_____________________________________________ as Surety, a corporation organized and
duly authorized to transact business under the laws of the State of California, are held and firmly
bound unto the City in the sum of ___________________________ DOLLARS,
($____________), said sum being not less than one hundred percent (100%) of the total amount
of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors and assigns, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and
well and truly keep and perform the covenants, conditions and agreements in the Contract
Documents and any alteration thereof made as therein provided, on its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their
intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all
materials and workmanship; and shall indemnify and save harmless the City, its elected or
appointed officers, and their respective agents, officials, employees, volunteers and
representatives, as stipulated in said Contract Documents, then this obligation shall become null
and void; otherwise it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the Contract Documents, unless
otherwise provided for in the Contract Documents, the above obligation shall hold good for a
period of one (1) year after the acceptance of the work by City, during which time if Contractor
shall fail to make full, complete, and satisfactory repair and replacements and totally protect the
City from loss or damage resulting from or caused by defective materials or faulty workmanship,
Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder
shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s
rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but
not limited to, California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the
Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or
shall promptly, at the City’s option:
Page 184
(1) Take over and complete the Project in accordance with all terms and conditions in
the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and
conditions in the Contract Documents and upon determination by Surety of the
lowest responsive and responsible bidder, arrange for a Contract between such
bidder, the Surety and the City, and make available as work progresses sufficient
funds to pay the cost of completion of the Project, less the balance of the contract
price, including other costs and damages for which Surety may be liable. The term
“balance of the contract price” as used in this paragraph shall mean the total
amount payable to Contractor by the City under the Contract and any modification
thereto, less any amount previously paid by the City to the Contractor and any
other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local,
California and federal law and make available as work progresses sufficient funds
to pay the cost of completion of the Project, less the balance of the contract price,
including other costs and damages for which Surety may be liable. The term
“balance of the contract price” as used in this paragraph shall mean the total
amount payable to Contractor by the City under the Contract and any modification
thereto, less any amount previously paid by the City to the Contractor and any
other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which
may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid
from Contractor for completion of the Project if the City, when declaring the Contractor in default,
notifies Surety of the City’s objection to Contractor’s further participation in the completion of the
Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the Contract Documents or to the Project to be
performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive
notice of any such change, extension of time, alteration or addition to the terms of the Contract
Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845
of the California Civil Code.
[SIGNATURES ON NEXT PAGE]
Page 185
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of
______________, 20____.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of
corporate authority attached.
The rate of premium on this bond is ____________ per thousand. The total amount of premium
charges, $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety
and Agent or Representative for
service of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so
must be attached hereto.
Page 186
NOTE: This acknowledgment is to be completed for Contractor/Principal.
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 187
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney
to local representatives of the bonding company must also be attached.
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 188
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Palm Desert (hereinafter designated as the “City”), by action taken
or a resolution passed ___________, 20____has awarded to ________________ hereinafter
designated as the “Principal,” a contract for the work described as follows:
_____________________________________________________ (the “Project”); and
WHEREAS, the work to be performed by the Principal is more particularly set forth in the
Contract Documents for the Project dated __________________ (“Contract Documents”), the
terms and conditions of which are expressly incorporated by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract;
providing that if said Principal or any of its Subcontractors shall fail to pay for any materials,
provisions, provender, equipment, or other supplies used in, upon, for or about the performance
of the work contracted to be done, or for any work or labor done thereon of any kind, or for
amounts due under the Unemployment Insurance Code or for any amounts required to be
deducted, withheld, and paid over to the Employment Development Department from the wages
of employees of said Principal and its Subcontractors with respect to such work or labor the Surety
on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety,
are held and firmly bound unto the City in the penal sum of ___________________________
______________ Dollars ($___________) lawful money of the United States of America, for the
payment of which sum well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its
subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of
the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or
other supplies, used in, upon, for or about the performance of the work contracted to be done, or
for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance
Code with respect to work or labor performed under the contract, or for any amounts required to
be deducted, withheld, and paid over to the Employment Development Department or Franchise
Tax Board from the wages of employees of the contractor and his subcontractors pursuant to
Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety
or Sureties will pay for the same, in an amount not exceeding the sum herein above specified,
and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such
suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation
expenses.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the
Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon
this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or
released from the obligation of this bond by any change, extension of time for performance,
addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement
pertaining or relating to any scheme or work of improvement herein above described, or pertaining
or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or
Page 189
modification of any terms of payment or extension of the time for any payment pertaining or
relating to any scheme or work of improvement herein above described, nor by any rescission or
attempted rescission of the contract, agreement or bond, nor by any conditions precedent or
subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to
recover under any such contract or agreement or under the bond, nor by any fraud practiced by
any person other than the claimant seeking to recover on the bond and that this bond be construed
most strongly against the Surety and in favor of all persons for whose benefit such bond is given,
and under no circumstances shall Surety be released from liability to those for whose benefit such
bond has been given, by reason of any breach of contract between the owner or City and original
contractor or on the part of any obligee named in such bond, but the sole conditions of recovery
shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been
paid the full amount of his claim and that Surety does hereby waive notice of any such change,
extension of time, addition, alteration or modification herein mentioned and the provisions of
sections 2819 and 2845 of the California Civil Code.
[SIGNATURES ON NEXT PAGE]
Page 190
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of
______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of
corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the
Surety to do so much be attached hereto.
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to
do so must be attached hereto.
Page 191
NOTE: This acknowledgment is to be completed for Contractor/Principal.
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 192
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-
Attorney to local representatives of the bonding company must also be attached
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 193
City of Palm Desert
PW - Operations & Maintenance
Andy Ramirez, Deputy Director
73-510 Fred Waring Drive, Palm Desert, CA 92260
PROPOSAL DOCUMENT REPORT
RFP No. 2022-RFP-104
Maintenance and Repair Services for the Palm Desert Aquatic Center
RESPONSE DEADLINE: March 24, 2022 at 2:00 pm
Report Generated: Wednesday, March 30, 2022
Knorr Systems, Int'l LLC Proposal
CONTACT INFORMATION
Company:
Knorr Systems, Int'l LLC
Email:
cindyf@knorrsystems.com
Contact:
Cindy Faust
Address:
2221 Standard Ave
Santa Ana, CA 92707
Phone:
(714) 754-4044
Website:
knorrsystems.com
Submission Date:
Mar 24, 2022 1:56 PM
Page 194
PROPOSAL DOCUMENT REPORT
RFP No. 2022-RFP-104
Maintenance and Repair Services for the Palm Desert Aquatic Center
PROPOSAL DOCUMENT REPORT
Request For Proposal - Maintenance and Repair Services for the Palm Desert Aquatic Center
Page 2
ADDENDA CONFIRMATION
No addenda issued
QUESTIONNAIRE
1. Proposal (WITHOUT COST)*
Pass
Proposals shall be concise, well organized and demonstrate qualifications and applicable experience. Proposals shall be organized, and
include page numbers for all pages in the proposal. The proposal shall be uploaded here, in the following order and shall include:
A. Cover Letter
1. This letter should briefly introduce the firm, summarize the firm’s general qualifications, include an executive summary of
the specific approach which will be used to deliver the work scope; and identify the individual(s) name, address and phone
number authorized to negotiate Agreement terms and compensation.
B. Experience and Technical Competence
1. Background: Provide history of the firm’s consulting experience which specifically addresses the individual or firm’s
experience with similar Service as described in this RFP.
2. References: The proposal shall include a list of recently completed projects that are similar in scope and function to this
RFP. Provide a description of the project, client name, and the name, title, and telephone number of the primary contact
person.
C. Firm Staffing and Key Personnel
1. Staffing: Provide the number of staff to be assigned to perform the Services and the names/discipline/job title of each as
well as your firm’s capacity to provide additional personnel as needed.
Page 195
PROPOSAL DOCUMENT REPORT
RFP No. 2022-RFP-104
Maintenance and Repair Services for the Palm Desert Aquatic Center
PROPOSAL DOCUMENT REPORT
Request For Proposal - Maintenance and Repair Services for the Palm Desert Aquatic Center
Page 3
2. Key Personnel: Identify key persons that will be principally responsible for working with the City. Indicate the role and
responsibility of each individual.
3. Team Organization: Describe proposed team organization, including identification and responsibilities of key personnel.
4. Subcontractors: The Proposer shall identify functions that are likely to be subcontracted and identify the subcontractor
that is anticipated to perform each function.
D. Proposed Method to Accomplish the Work
1. Describe the technical and management approach to providing the Services to the City. Proposer should take into account
the scope of the Services, and general functions required. Include a draft first year schedule of tasks, milestones, and
deliverables that will provide for timely provision of the Services. In reviewing the scope of Services and goals described
herein, the Proposer may identify additional necessary tasks and is invited to bring these to the City’s attention within the
discussion of its proposed method to accomplish the work.
Firm_Staffing_&_Key_Personnel.docxCover_Letter.docxBackground.pdfProposed_Method_to_Accomplish_the_Work.pdfReferences.
pdf
2. Fee Proposal*
Pass
Please provide a lump-sum, not-to-exceed fee proposal for the scope of Services. The fee proposal shall include hourly rates for all
personnel for “Additional Work” (as such term is defined in the proposed Agreement attached herein).
Fee_Proposal.pdf
3. Non-Collusion Declaration*
Pass
The undersigned declares:
I am an authorized representative of my company, the party making the foregoing Bid, to certify the following.
Page 196
PROPOSAL DOCUMENT REPORT
RFP No. 2022-RFP-104
Maintenance and Repair Services for the Palm Desert Aquatic Center
PROPOSAL DOCUMENT REPORT
Request For Proposal - Maintenance and Repair Services for the Palm Desert Aquatic Center
Page 4
The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organizat ion, or
corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other
Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder
or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, so ught by
agreement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead,
profit, or cost element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The B idder has not,
directly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or
data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent
thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company,
limited liability partnership, or any other entity, hereby represents that he or she has fu ll power to execute, and does execute, this
declaration on behalf of the Bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Confirmed
4. Enter your valid CA Contractors State License Board (CSLB) number*
Pass
Please enter your License Number here. This will be verified against the state database
562312
Click to Verify Value will be copied to clipboard
5. Enter your California Department of Industrial Relations (DIR) Registration number*
Pass
Please enter your Public Works Contractor DIR Number. This will be verified against the state database.
Page 197
PROPOSAL DOCUMENT REPORT
RFP No. 2022-RFP-104
Maintenance and Repair Services for the Palm Desert Aquatic Center
PROPOSAL DOCUMENT REPORT
Request For Proposal - Maintenance and Repair Services for the Palm Desert Aquatic Center
Page 5
10000045388
Click to Verify Value will be copied to clipboard
6. Litigation*
Pass
Provide litigation history for any claims filed by your firm or against your firm related to the pro vision of Services in the last five (5)
years (or type "N/A").
N/A
7. Changes to Agreement*
Pass
The City standard professional services agreement contract is included as an attachment herein. The Proposer shall identify a ny
objections to and/or request changes to the standard contract language in this section of the proposal (or type "N/A"). If you are
identifying changes here ALSO upload a copy of the redlined Language/Agreement with your Proposal. Changes requested may effect
the City's decision to enter into an Agreement.
N/A
8. No Deviations from the RFP*
Pass
In submitting a proposal in response to this RFP, Proposer is certifying that it takes no exceptions to this RFP including, b ut not limited
to, the Agreement. If any exceptions are taken, such exceptions must be clearly noted here, and may be reason for rejection of the
proposal. As such, Proposer is directed to carefully review the proposed Agreement and, in particular, the insurance and
indemnification provisions therein (or type "N/A").
N/A
Page 198
PROPOSAL DOCUMENT REPORT
RFP No. 2022-RFP-104
Maintenance and Repair Services for the Palm Desert Aquatic Center
PROPOSAL DOCUMENT REPORT
Request For Proposal - Maintenance and Repair Services for the Palm Desert Aquatic Center
Page 6
9. Project Team Resumes*
Pass
Submit resumes of all key personnel/support staff that will produce work product for the Services. Describe their qualificati ons,
education, and professional licensing.
Sherry_Juman_Resume.pdfMario_Garcia_Resume.pdfAce_Balingit_Resume.pdfJoe_Fleuette_Resume.pdfJohn_Tosco_Resume.pdfKat
ie_Coates_Resume.pdf
10. Certification of Proposal: The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in
accordance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.*
Pass
Confirmed
Page 199
FIRM STAFFING & KEY PERSONNEL
March 24, 2022
Request for Proposal
2022-RFP-104
Maintenance and Repair Services for the Palm Desert Aquatic Center
Staffing:
KSI will provide one (1) experienced Service Technician to perform all required maintenance
tasks on each field visit. Below are the most likely Service Technicians to be performing the
actual work on site:
Ace Balingit, Service Technician
Matt Flexen, Service Technician
Mario Garcia, Field Supervisor
We have 7 additional technicians capable of performing the work.
Below are other personnel who will be assigned various Agreement tasks and responsibilities:
Katie Coates, Service Operations Manager
Sherry Juman, SMA Administrator
Brandon Moore, Application Manager
John Tosco, Service Sales Specialist
Key Personnel:
John Tosco, Service Sales Specialist
Responsible for contract review
Liaison between Service Technician and City personnel
Sherry Juman, SMA Administrator
Responsible for the administration of the City’s Service Maintenance Agreement,
including all field service reports and billing
Schedule and dispatch Service Technicians as required by the Agreement
Specific equipment parts ordering
Page 200
Key Personnel (continued):
Katie Coates, Service Operations Manager
Responsible for City of Palm Desert account maintenance
Oversee Service Technicians and Administrators to confirm proper scheduling, work
completion and billing.
Brandon Moore, Application Specialist
Responsible for recommendations to City for equipment upgrades
Liaison between City personnel and Service Department
Team Organization:
Rich Robert
President
Katie Coates
Service Operations Manager
Mario Garcia
Field Supervisor
Ace Balingit
Service Technician
Matt Flexen
Service Technician
Sherry Juman
SMA Administrator
Joe Fleuette
Director of Technical Service
Brandon Moore
Application Specialist
Page 201
COVER LETTER
March 24, 2022
Request for Proposal
2022-RFP-104
Maintenance and Repair Services for the Palm Desert Aquatic Center
Knorr Systems was incorporated in 1978 and moved to our present home office in Santa Ana, California
in 2001. We also maintaining offices in Livermore, CA; Las Vegas, NV; Addison, TX and Nampa, ID to
manage and grow the business nationwide.
In the early years, KSI literally brought chemical automation to the commercial swimming pool market
throughout the Western US. During this same time period, KSI expanded its equipment offerings to
include everything it takes to operate a commercial / public pool; on the deck, in the equipment room,
chemicals – everything but the water.
We offer a full range of mechanical equipment, service, consulting and installation to the majority of
Public Works owned aquatic facilities in California.
Historically, Knorr Systems’ strength has been its technical service. The staff and management continue
this emphasis as they search for new product lines and services that will benefit commercial aquatic
facilities.
Service Maintenance Agreements are performed by our in-house staff (State Contractor’s License
number 562312, C-61/D35.
Our President, Rich Robert, is authorized to negotiate Agreement terms and conditions and his
contact information is as follows:
Rich Robert, President
richr@knorrsystems.com
714-754-4044 ext. 106
Page 202
BACKGROUND
March 24, 2022
Request for Proposal
2022-RFP-104
Maintenance and Repair Services for the Palm Desert Aquatic Center
Founded in Irvine CA in 1977 by Larry Knorr, former CEO.
Knorr Systems was incorporated in 1978 and moved to its present home office in Santa Ana, California;
while also maintaining offices in Livermore, CA, Addison, TX and Nampa, ID to manage and grow the
business nationwide, and has a current base of more than 5,000 customers.
In October 2016, PlayCore, Inc., acquired KSI from Larry Knorr as he moved into full retirement. As part
of the PlayCore family of companies (29), KSI joined the Aquatic Group which includes six aquatic
equipment manufacturers. The synergy created with these like-minded organizations gives KSI an
advantage in service its customers.
In December 2022, KSI was acquired by Turning Basin, LLC., to join their Commercial Aquatic
Distribution company portfolio, which includes Commercial Energy Specialists of Jupiter FL and Duffield
Aquatics of Anderson SC with a determination to add additional distribution companies nationwide to
form a alliance with the purpose of serving the Public Works and Commercial Aquatic community
nationwide.
Page 203
PROPOSED METHOD TO
ACCOMPLISH THE WORK
March 24, 2022
Request for Proposal
2022-RFP-104
Maintenance and Repair Services for the Palm Desert Aquatic Center
Management Approach
Upon receipt of contract/agreement with City of Palm Desert, Katie Coates, Service Operations
Manager will hold a Project Meeting with all involved personnel (refer to Firm Staffing & Key
Personnel). This meeting will be a review of the agreement terms and conditions and to implement
processes to fulfill same. Individual tasks will be delegated and scheduled.
Technical Approach
A site walk will be scheduled and performed by Mario Garcia, Field Supervisor with KSI’s Field Service
Technicians (refer to Firm Staffing & Key Personnel) prior to the start of the monthly service. The site
walk will familiarize all Field Service Technicians with the City’s swimming pool equipment rooms and
equipment to be serviced monthly per the agreement. The scope o f work will be reviewed at this time.
The KSI Field Service Technician (FST) will perform the monthly tasks, utilizing his experience and
knowledge to best service the City’s equipment. The FST will complete a Field Service Report and
submit to KSI’s SMA Administrator, Sherry Juman, noting any additional work, parts or equipment
replacement along with summary of equipment condition, as applicable.
Administrative Approach
Monthly site visit will be scheduled and assigned to applicable Field Service Technician by Sherry Juman,
SMA Administrator. Sherry will receive and review the Field Service Report (FSR) and supply to City per
the agreement, within 7 working days. FSR may include technician recommendations for additional
work, parts or equipment replacement. Sherry will provide a separate Service Quote as applicable to
the City within 10 working days of site visit. Monthly invoices will be created and emailed to City per
the Agreement.
Page 204
First Year Schedule of Tasks
To be performed monthly, beginning July 2022
Lap Pool:
• SPCS Variable Frequency Drive
Torque terminal connections to manufacturer recommendations
Inspect and clean air intake element
Perform operational test and verify proper system operation
Wipe down the cabinet and remove any loose materials
• Atlas Regenerative Filtration System
Log filtration system influent and effluent pressure
Log system flow rate
Service inlet & outlet backwash valves
Backwash filtration system
• Lochinvar CPN2071 Heaters (3)
Log heater inlet, outlet and delta temperature
Lubricate heating system booster pump bearing assembly
• BECSys7 Chemical Controller
Download chemical controller
Remove and clean controller sensor probes
Perform two-point controller calibration
Test operation of the safety flow switch
Complete chemical evaluation to confirm proper water balance
Perform chemical evaluation and fine tune chemical outputs and use as needed
Provide water balance recommendations based on evaluation results
Provide controller training updates to the City’s Facility Operator, as needed
• LMI and Blue White Chemical Feed Pumps
Remove and clean chemical feed pump injectors
Inspect chemical feed tubing for cracks, leaks or deterioration
Torque chemical pump head bolts and tubing fittings
• Emperor Safeguard UV System
Perform visual inspection of chamber and piping for leaks or corrosion
Page 205
First Year Schedule of Tasks (continued)
To be performed monthly, beginning July 2022
Recreation Pool:
• SPCS Variable Frequency Drive
Torque terminal connections to manufacturer recommendations
Inspect and clean air intake element
Perform operational test and verify proper system operation
Wipe down the cabinet and remove any loose materials
• Atlas Regenerative Filtration System
Log filtration system influent and effluent pressure
Log system flow rate
Service inlet & outlet backwash valves
Backwash filtration system
• Lochinvar CPN1801 Heaters (2)
Log heater inlet, outlet and delta temperature
Lubricate heating system booster pump bearing assembly
• BECSys7 Chemical Controller
Download chemical controller
Remove and clean controller sensor probes
Perform two-point controller calibration
Test operation of the safety flow switch
Complete chemical evaluation to confirm proper water balance
Perform chemical evaluation and fine tune chemical outputs and use as needed
Provide water balance recommendations based on evaluation results
Provide controller training updates to the City’s Facility Operator, as needed
• LMI and Blue White Chemical Feed Pumps
Remove and clean chemical feed pump injectors
Inspect chemical feed tubing for cracks, leaks or deterioration
Torque chemical pump head bolts and tubing fittings
Page 206
First Year Schedule of Tasks (continued)
To be performed monthly, beginning July 2022
Splash Pool:
• SPCS Variable Frequency Drive
Torque terminal connections to manufacturer recommendations
Inspect and clean air intake element
Perform operational test and verify proper system operation
Wipe down the cabinet and remove any loose materials
• Atlas Regenerative Filtration System
Log filtration system influent and effluent pressure
Log system flow rate
Service inlet & outlet backwash valves
Backwash filtration system
• BECSys7 Chemical Controller
Download chemical controller
Remove and clean controller sensor probes
Perform two-point controller calibration
Test operation of the safety flow switch
Complete chemical evaluation to confirm proper water balance
Perform chemical evaluation and fine tune chemical outputs and use as needed
Provide water balance recommendations based on evaluation results
Provide controller training updates to the City’s Facility Operator, as needed
• LMI and Blue White Chemical Feed Pumps
Remove and clean chemical feed pump injectors
Inspect chemical feed tubing for cracks, leaks or deterioration
Torque chemical pump head bolts and tubing fittings
Miscellaneous Equipment:
• ClaVal Auto Fill
Perform visual inspection of valve and floats for proper operation
• Maytronics WAVE Automatic Pool Vacuum
Perform visual inspection of vacuum, checking for parts failure or deterioration
Page 207
REFERENCES
March 24, 2022
Request for Proposal
2022-RFP-104
Maintenance and Repair Services for the Palm Desert Aquatic Center
Maintenance and repair services have been provided to the following local public agencies over the
last five (5) years:
Albany Unified School District Antioch Unified School District
Berkeley Unified School District Bret Harte Union High School District
Burlingame Unified School District City College of San Francisco
City of Berkeley City of El Cerrito
City of Lodi City of Monterey
City of Oakdale City of Patterson
City of Roseville City of San Mateo
City of Union City City of Yuba City
Contra Costa Community College District East Bay Parks & Recreation
Elsinore Unified School District Emery Unified School District
Escalon High School District Firebaugh Unified School District
Folsom Cordova Unified School District Hemet Unified School District
Kings Canyon Unified School District Lammersville Unified School District
Los Gatos-Saratoga Union High School District Merced Union High School District
Milpitas Unified School District Mountain View-Los Altos Unified School District
Mt. Tamalpias Unified School District Novato Unified School District
Oakdale Joint Unified School District Ohlone College
Palo Alto Unified School District Placer Unified School District
Pleasanton Unified School District Ripon Unified School District
San Lorenzo Valley Unified School District San Mateo Union High School District
San Joaquin Memorial High School Santa Clara University
Santa Clara Unified School District Selma Unified School District
Temecula Unified School District UC San Francisco, Mission Bay
UC San Francisco Millburry Campus Wilson Education Center
Page 208
2022-RFP-104
Maintenance and Repair Services for the Palm Desert Aquatic Center
References Continued:
Below are several current customers to contact for references:
Elsinore Unified School District
Wayne Shaddix
951-285-4290
Hemet Unified School District
Frank Para
951-757-9156
City of San Diego
CG Fredrickson
619-218-8516
Morena Valley Unified School
Ken Page
951-529-2338
Temecula Unified School District
Henry Herrera
951-551-8113
Coachella Valley Unified School District
Laurie Howard
761-848-1880
Clairemont Unified School District
Terryl Noreen
949-940-5369
NOTE: KSI also provided the City of Palm Desert with a Service Maintenance Agreement in 2017-2018.
Page 209
FEE PROPOSAL
Lump sum, not to exceed fee for the scope of services for the agreement term of July 1, 2022 to June
30, 2027 = $ 178,200
Additional Work Labor Rate: $ 220.00 per hour
Travel (portal to portal): $ 125.00 per hour
Page 210
Page 211
SHERRY JUMAN
Service Agreement Administrator
Rancho Santa Margarita, CA 92688
sherryjuman@gmail.com
Providing outstanding attention to detailed organization and accuracy of work. Exceptionally
dedicated, organized, and hardworking induvial. Self starter with a high level of motivation,
integrity, and ability to work independently.
Authorized to work in the US for any employer
Work Experience
Service Agreement Administrator
Knorr Systems – Santa Ana, CA
Aug 2021 to Present
• Preparing service maintenance contracts
• Extensive follow up to ensure projects are on schedule.
• Coordinate service agreement terms and conditions, scheduling, and parts tracking
• Assisting with long term planning of contracts with multiple PO’s and budget restrictions
• Daily overview for expired contracts and renewal dates
• Creating/ maintaining spreadsheets and databases
• Extensive follow up to ensure projects are on schedule
Executive Assistant
Aminco International - Lake Forest, CA
March 2019 to Aug 2021
• Working directly with the NFL, NBA, MLB, NHL, and select College Football teams
• Analyzing information for accuracy and communicated errors for contract review
• Daily overview for expired contracts and renewal dates
• Handling multiple projects and tight deadlines in a fast paced-environment
• Updating project status in shared google drive
• Memorized company catalog for sports league divisions
• Data entry; researching and putting together information from various sources
Page 212
Customer Service Coordinator
Fabrica International - Santa Ana, CA
November 2017 to February 2019
• Daily operations include: Working closely with field personnel, shipping and receiving,
marketing, and accounting departments to ensure customer satisfaction.
• Order entry and providing order status updates.
• Data base maintenance in a variety of software applications (AS400, Chadwick,
Microsoft Excel)
• Preparing and processing special pricing agreements and quarterly updated pricelists.
• Assist with setting up new accounts & maintaining existing accounts.
• Coordinated with billing companies regarding missing information to assure claims are
posted and submitted.
• Assisting with end of month reports and understanding the importance of meeting
company deadlines.
Administrative Assistant
Hibernia Woolen Mills LTD - Whittier, CA
July 2014 to November 2017
• Overview of daily operations from opening to closing. Coordinate meetings for CEO and
assist staff with any issues that arise to ensure smooth daily flow of operational
procedures.
• Provide callers/ visitors with accurate knowledge of product sold within the company.
Often assisting with knowledge of company website, databases, and online tools
• Multi-checking all vendor invoices.
• Processing AP’s and AR’s.
• Performing various clerical tasks including data entry, scanning, and filing documents.
• Daily communication with work rooms and vendors.
• Preparing packages and outgoing correspondence.
Sales Associate
Easylife Furniture - Industry, CA
September 2012 to June 2014
• Served as team leader in a rapid sales environment
• Provided a quick and exceptional customer experience
• Assisted customers with locating items
• Maximized sales transactions
• Handled returns and exchanges
• Responsible for auditing and organizing the whole store
• Responsible for resolving all customer complaints
Page 213
Senior Client Service Specialist (CSS)
Ethan Allen Global, Inc - Tustin, CA
March 2004 to March 2012
• Managed 25 designers at a time with daily sales meeting goals and weekly one on one
open order assistance.
• Daily tracking and inputting accurate description of potential new clients and return
customers.
• Processing accounts payables and receivables. Often correcting and cross-referencing
inaccurate invoices.
• Managing purchase orders for product to ensure availability. Providing clients with
daily/weekly follow up.
• Multi line telephone management. Providing clients with order status , call routing, and
alleviating customer frustrations in a high paced retail sales environment.
• Processing employee auto mileage reimbursements in a consistent and timely manner.
• Assisting Interior Designers with in-home calls; accurate measurements and scale
drawing.
• Actively maintaining inventory for office, kitchen, and janitorial supplies. Responsible for
distribution of supplies and first line of defense against internal theft.
Education
Irvine Valley College Undergrad Coursework 2006
Irvine, CA
January 2004 to January 2006
Page 214
Mario Garcia
mariog@knorrsystems.com (714) 681-3041 Santa Ana, CA, 92707
EXPERIENCE
Field Supervisor
Knorr Systems Int'l LLC , Feb 2018 - Present
Develop installation quotes, process bill of material orders, and act as lead on all large equipment installations at public
works aquatic facilities
Mentor Route and Service technicians; instruct and train on routine repair and maintenance jobs
Review, edit and approve route technician timesheets
Performs quality inspections on route technician projects
Assist in selection, training and evaluation of new personnel
Foster team spirit with company values to maintain successful service team
Lead Technician
Knorr Systems Int'l LLC Sep 2007 - Jan 2018
Install and commission commercial aquatic equipment at customer facilities
Troubleshoot equipment failures; determine and carry out proper repair solution
Build and maintain healthy relationships with customers, subcontractors and company sales team
Provide service and customer support during field visits
Service Technician
Knorr Systems Int'l LLC Jul 2001 - Aug 2007
Maintain water balance by testing and adding chemicals as needed
Service and repair of commercial swimming pool equipment
Keep company vehicle stocked and clean
Financial responsibility for tools and inventory
Daily service order documentation
EDUCATION
Rancho Alamitos High School
Garden Grove, CA
High School Diploma - June 1991
Cypress College
Welding
1992-1993
CERTIFICATIONS
Aquatic Facility Operator (AFO) BECS Technology Factory Certified Controls Technician
Certified Pool Operator (CPO) Atlas Regenerative Filter Factory Trained Technician
Lochinvar Factory Certified Heating Systems Technician Certified SPCS Installation, Repair & Commissioning
Technician
REFERENCES AVAILABLE UPON REQUEST
Page 215
RESUME OF Ace Balingit
aceb@knorrsystems.com
714-709-9534
Work Experience
KNORR SYSTEMS
Field Service Technician
June 2015 – Present
• Troubleshoot and diagnose equipment errors and/or technical problems and determine proper solutions
• Perform equipment repair
• Provide routine service maintenance agreement work
• Perform chemical testing and water balancing
• Install and commission new equipment
• Complete field service reports in an accurate and timely manner
• Attend factory certification training on equipment as needed
• Keep service truck fully stocked and clean
• Promote positive customer relations
• Assist and support other technicians with repairs, maintenance and installations
GRAMERCY TOWERS CONDOMINIUMS
Maintenance Supervisor
September 2013 – May 2015
• Developed daily, weekly, monthly and yearly building maintenance and repair schedule
• Interviewing and hiring potential employees
• Testing and repairing building safety systems
• Developed and executed layout and installation of electrical wiring and fixtures per City regulations.
• Oversaw monthly safety meetings
• Communicated operational issues and changes to Building Manager on regular basis
GRAMERCY TOWERS CONDOMINIUMS
Maintenance Technician
October 2012 - September 2013
• Maintenance and repair of swimming pool and spa equipment
• Maintenance and repair of HVAC systems throughout building
• Maintenance and repair of exhaust and supply fans throughout building
• Maintenance of fire safety systems
• Electrical troubleshooting
• Plumbing repairs
• Painting
Education
Aquatic Facility Operator (AFO™) Certified
March 2018
Wyotech Automotive Technical Institute
Fremont, CA
Graduate 2012
Live Oak High School
Antioch, CA
Graduated 2010
Page 216
JOE FLEUETTE
714-620-5794
joef@knorrsystems.com
Education
UNIVERSITY OF NORTHERN IOWA
Cedar Falls, Iowa
3- Years
Concentration in Philosophy and Religion
aspose_preserveoriginal
Certifications
Aquatic Facility Operator Instructor
Certified Pool Operator Instructor
Certified Lochinvar Heating Systems Technician
Certified BECS Controls Technician
Experience
Aug 2006 - Present DIRECTOR OF TECHNICAL SERVICE
Knorr Systems Int'l LLC
• Oversee day-to-day operations of the technical service
department
• Provide technical assistance to design consultants and
contractors
• Financial responsibility of department; review revenues from
repair work, installations and maintenance agreements; review
costs of department; create and review annual budget
Jan 2001 - Jul 2005 SERVICE MANAGER
Knorr Systems Int'l LLC
• Oversee and guide all activities of the Service Team
• Ensure team follows best practices and maintain service level
agreements
• Monitors department issues and client complaints
• Develop problem management and service improvement
plans
Mar 1989 - Dec 2000 SERVICE TECHNICIAN
Knorr Systems Int'l LLC
• Field service repair of mechanical equipment and systems at
client facilities
• Installation of heating, chemical treatment, and other
mechanical systems at client facilities
• Full comprehension of operation and technical aspects of
aquatic equipment
• Routine field documentation and site reports on daily basis
Page 217
John Tosco
Santa Ana, CA 92707
johnt@knorrsystems.com
714-949-1679
Education
Bachelor's Degree in Business Administration
DeSales University
August 2004 - May 2008
Aquatic Facility Operator (AFO™) Certified
March 2022
Work Experience
Service Maintenance Agreement Sales Representative Knorr Systems Int’l – Santa Ana, CA
January 2021 – Present
Member of both the Sales and Technical Service teams responsible for the sales of facility maintenance service contracts. Work
closely with new and existing customers to develop and maintain Scheduled Maintenance Agreements via making sales calls and
maintenance presentations and to municipalities, school districts, universities/colleges and other public works facilities. Evaluate
such facilities to recommend improvements in operation and infrastructure. Administrative responsibilities include review of service
technician filed reports for accuracy and recommended additional work, develop and quote proposed agreements including
reviewing and executing customer contracts.
Account Executive SureCo Health + Life - Santa Ana, CA
August 2020 – January 2021
In the role of Account Executive at SureCo my role required great people and organizational skills, as well as time-management and
computer skills. As an Account Executive at this Healthcare Agency, I helped individuals, families and businesses find the right
healthcare for their needs. Some of my daily duties in this fast-paced working environment included: greeting incoming warm leads
and following deals through to the finish line, closing sales through marketed-generated opportunities via phone, text, and email,
taking in live inbound transfers by answering phone calls promptly in a polite and professional manner , Conducted outbound calls
for provided from our warm leads database, Engaged and utilized a consultative sales approach to best explain various health care
and insurance programs and services, Actively listened to understand customers’ needs then provided a solution to help, Managed
sales leads, calendar, and time to efficiently to meet monthly sales goals, Built a residual book of business by growing and
maintaining an ongoing client base.
Sales Leasing Consultant AvalonBay Communities - Irvine, CA
April 2020 - August 2020
In my role as Community Consultant at Avalon Irvine (614 apartments) my primary job responsibilities continued in this recent role
from that previous in the previous Avalon Piscataway community I was employed at. I took on additional assignments to formulate
attractive marketing strategies to maximize current touring volume. This included establishing new methods to tour virtually,
utilizing Zoom and providing new lines of communication for all new tours. Ensuring compliance with all federal, state, and local laws
and regulations, particularly those related to fair housing is an important as I often dealt with affordable housing applicants.
Sales Leasing Consultant AvalonBay Communities - Piscataway, NJ
March 2017 - April 2020
As a Community Consultant at Avalon Piscataway (lease-up/360 apartments) some of my primary responsibilities were conducting
community tours, lead follow-up, auditing of recent move-in files, and coordinating resident service requests. While doing so a lot of
emphasis was on ensuring such service-related issues were resolved in a timely manner. I assisted in such development meetings,
thus implementing and monitoring programs to maximize revenue, control expenses, improve customer satisfaction and manage
personnel. In addition, increasing Mid-Lease surveys average scores was of top priority, in addition to organizing and submitting
weekly transmittal logs including final account statements.
Page 218
Sales Leasing Consultant Edgewood Properties – Phillipsburg, NJ
February 2016 - March 2017
While assisting in Edgewood Properties’ lease-up luxury apartment community of 247 apartments, I helped train all concierge and
leasing consultants, including running a Sales class for new hire on boarding. Through such training, leasing employees learned
company policies and procedures, sales related tactics and were provided such ‘keys to success.’ I administered the auditing of all
new lease files and monitored market trends, while also working closely with marketing directors to efficiently update all outside
advertising including online ILS sites. I developed and implemented sales and marketing strategies to increase property traffic and
maintain high closing ratios. Daily and weekly reports consisted of updating all leasing traffic, a market survey of local competitors,
construction progress on upcoming development and informing management what marketing sources are effectively working for
our community.
Sales Leasing Consultant Edgewood Properties - Somerville, NJ
April 2015 - February 2016
In my role as Leasing Consultant at Brookside Gardens, a garden style community consisting of 674 apartments, I specifically focused
on tours of the community and preparing lease files for new move-ins. In addition, I inspected all available vacant units for move-ins,
entered all property traffic into the Real Page leasing software, managed all resident renewals for the community and followed up
on all Internet leads.
Sales Representative Baker Motor Company - Charleston, SC
February 2014 - March 2015
Provided onsite customer service support and product knowledge to Mercedes Benz and Infinity vehicles. Used CRM software to
save notes and generate tasks associated with lead follow-up. Worked closely with the onsite service department and various
outside vendors to coordinate any repairs necessary on vehicles post sale.
Customer Service Agent Lead Club Med Sandpiper - Port Saint Lucie, FL
August 2011 - October 2013
As an employee who lived onsite, I worked directly with all departments onsite with specific focus on resort member satisfaction.
Job duties included, establishing relationships with resort guests, participating in all organized resort activities. Maintained a daily
updated onsite resort schedule for guests, including greeting such guests upon arrival and mingling around the resort. Developed
programs for team leadership including becoming a lead contributor on holiday community family events for all onsite guests.
Page 219
Kathleen Coates
2221 Standard Ave
Santa Ana, CA 92707
katiec@knorrsystems.com / 714-955-3126
SUMMARY: I have been deeply enmeshed in Public Works and the Commercial Aquatic industry for over 15 years,
starting with volunteering with city aquatics programs in Long Beach as a teen to now overseeing a 30-person service
& repair division at a premier commercial pool equipment company. I have significant technical knowledge of pool
systems and equipment and utilize it to assist our administrative team and technicians in implementing best
operational practices.
Knorr Systems, Intl. – Santa Ana, CA
Service Operations Manager – March 2020-Present
*Manages department processes and procedures to improve efficiencies, response time and higher level of customer service
*Review, audit and edit technician’s daily timesheet
*Perform payroll review and approval
*Perform annual performance reviews
*Hiring, onboarding, termination of department field and administrative personnel
*Collaborates with Service Scheduler to manage technician documentation and timely submittal for same week invoicing
*Monitor truck GPS as oversight for scheduling efficiency, review of scheduled routing
*Performs FSR and SVO review including qualifying / forwarding recommendations for quotation
Waterline Technologies, Inc. - Santa Ana, CA
Territory Sales Representative (Inland Empire, East LA County) - June 2019 – March 2020
*Manages territory of commercial customers, including city aquatic centers, fountains, splash pads, private and public water
treatment facilities, school district pools, and swim schools.
*Researches best products/options for customers’ specific needs
*Coordinates construction and installation projects
*Maintains long-lasting customer relationships by remaining accessible and completing follow ups
*Utilizes technical knowledge to guide customers and assist with troubleshooting equipment failures
Commercial Aquatic Services - Anaheim, CA
Admin Operations Manager, November 2018 – June 2019
Service Administration Supervisor, January 2018 - November 2018
Service Coordinator, September 2016 - January 2018
Service Technician, March 2016 - September 2016
*Managed supervisors of multiple departments while simultaneously directly managing 100% of the logistics/operations for the
company’s largest department.
*Built reputation for working successfully with previously unhappy clients.
*Became go-to staff member for new process development and existing process clarification.
*Implemented new protocol for job processing that reduced margin of error drastically.
*Created new training program for new hires in the field.
*Streamlined existing invoicing and purchase order processing.
*Invented new system for maintaining accountability between the Service and Sales departments.
*Found new avenues for purchasing that lowered company costs and increased individual job profit margins.
SafeSplash Swim School (Streamline Brands)
General Manager, Southern California Region, January 2015 – March 2016
*Oversaw the operations of all company-owned swim schools in Southern California, which included supervising school managers
of multiple schools and directly managing the staff at the largest school.
Page 220
*Reversed inherited declining enrollment by ramping up local marketing efforts and creating relationships with existing
customers.
*Maintained complete autonomy as the highest ranked employee in the region.
*Consistently exceeded enrollment quotas and budgetary goals at all schools.
*Maintained a strong social media presence and ran successful promotions using social media.
*Produced lasting, positive results that led to the schools being purchased by out -of-state franchisees.
City of Long Beach, CA – Parks, Recreation, & Marine
Recreation Specialist VII (Senior Lifeguard), June 2011 – January 2015
*Maintained operations and maintenance of recreational commercial pool facility.
*Acted as interim Facility Supervisor while Facility Supervisor was on extended medical lea ve (3 months).
Page 221
SANPABLOAVECARMEL CIRSANPASCUALAVEMASSON ST
KRUG AVE
RANCHO RD
SAN PASCUAL AVEPRIVATE ST
SAN PASCUAL AVEPRIVATE ST
M AGN ESI A FA LLS DR
SEBASTIAN WAYPRIVATE ST
SANPABLOAVECARMEL CIRCARMEL CIRHEITZ CTMARTINI
C
T MONDAVI CTPRIVATE ST
PRIVATE ST
SAN PASCUAL AVEPRIVATE STCARMEL CIRFRED WARING DR
MASSON STPRIVATE STRANCHO RD RANCHO RD
PRIVATE RD PRIVATE STPRIVATE ST
M A GN ESI A FALLS D R
SANPABLOAVEFRED WARING DRSANPABLOAVE CARMEL CIRSANPASCUALAVEMASSON ST
KRUG AVE
RANCHO RD
SAN PASCUAL AVEPRIVATE ST
SAN PASCUAL AVEPRIVATE ST
M AGN ESI A FA LLS DR
SEBASTIAN WAYPRIVATE ST
SANPABLOAVECARMEL CIRCARMEL CIRHEITZ CTMARTINI
C
T MONDAVI CTPRIVATE ST
PRIVATE ST
SAN PASCUAL AVEPRIVATE STCARMEL CIRFRED WARING DR
MASSON STPRIVATE STRANCHO RD RANCHO RD
PRIVATE RD PRIVATE STPRIVATE ST
M A GN ESI A FALLS D R
SANPABLOAVEFRED WARING DR
Palm Desert Aquatic Center
I
VICINITY MAP
Page 222
STAFF REPORT
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
MEETING DATE: April 14, 2022
PREPARED BY: Debra Alleyne, Management Analyst
REQUEST: Approval of Eighteen (18) Sculptures and Six (6) Alternate
Sculptures for the 2023/2024 El Paseo Sculpture Exhibition.
______________________________________________________________________
Recommendation
By Minute Motion,
1. Approve eighteen (18) sculptures and six (6) alternate sculptures for the
2023/2024 El Paseo Sculpture Exhibition;
2. Approve honorarium of $5,000 for each of the participating artists;
3. Authorize staff to finalize negotiations of the subject contracts with the
eighteen (18) artists and authorize Mayor to execute same, subject to the
satisfaction of the City Attorney; and
4. Authorize City Manager to make changes to sculpture selection based on
staff recommendation.
Commission Recommendation
At a special meeting on March 16, 2022, the Cultural Arts Committee voted to approve
eighteen (18) sculptures and six (6) alternates for the 2023/2024 El Paseo Sculpture
Exhibition by a 5-0-1 vote with Adney, Boren, Flint, Harding and Hauer voting AYE and
Higgins ABSENT.
Strategic Plan Objective
Palm Desert’s public art program, particularly the El Paseo Sculpture Exhibition, is in
line with the Arts & Culture Mini-Vision contained in the Strategic Plan, which states:
“Arts and culture give a community its soul. Palm Desert is the cultural
core of the Coachella Valley. Cultural tourism drives economic growth in
Palm Desert. The community is host to internationally recognized
cultural events that bring significant economic benefits to the City. Palm
Desert is a leader in arts education, ensuring a well-rounded population
that possesses high levels of creativity and critical thinking skills.”
Page 223
April 14, 2022 - Staff Report
2023/2024 El Paseo Sculpture Exhibition Approval
Page 2 of 3
Discussion
The El Paseo Sculpture Exhibition was developed in 1996 by the then Art in Public
Places (AIPP) Subcommittee in an effort to draw people to El Paseo. The Exhibition,
which is open to artists worldwide, rotates every two years and is located on the
medians of El Paseo between Highway 74 and Portola Avenue.
At its October 28, 2021 meeting, the City Council authorized staff to seek proposals for
artwork for the 2023/2024 El Paseo Sculpture Exhibition. Staff solicited proposals over a
period of three months and received approximately 140 submissions by artists from all
over the world.
At a special meeting on March 16, 2022, the Cultural Arts Committee reviewed
submitted proposals and selected eighteen (18) sculptures with six (6) alternates to
recommend to the City Council for placement on the concrete pads in the medians on El
Paseo. The selected artists and artworks for the 2023/2024 El Paseo Sculpture
Exhibition are as follows (note: artwork titles and artists names are subject to change for
contracts):
Selected
1. Jewel by Gil Reyolds (Newburg, OR)
2. Conduit by Mir Agol (Marblemount, WA)
3. Pixel Man by Gonzalo Torres (Palm Desert, CA)
4. Dude Ascending by Joe Sackett (Albuquerque, NM)
5. Timepiece by Mitch Levin (Boulder, CO)
6. Treble Clef Pirouette 2021 by John Banks (Henderson, NV)
7. Portal Ripple by John Meyer (Temecula, CA)
8. SWIRLY GIRL by Karen & Tony Barone (Rancho Mirage, CA)
9. The Seeker by Delos Van Earl (Santa Cruz, CA)
10. Dione, the Water Goddess by Lynn Jaye (Santa Cruz, CA)
11. Blooming Gratitude #2 by Christopher Thomson (Rivera, NM)
12. Red Rover by Pati Stajcar (Golden, CO)
13. From the Other Side by Gleb Dusavitskiy (Højer, Denmark)
14. Hygge by Hector Ortega (Phoenix, AZ)
15. Eye of the Wind by Nicholas Meyer (Temecula, CA)
16. CIRCO X by T Barny (Healdsburg, CA)
17. Continuous Line V (levity) by Kelly Goff (Norton, MA)
18. Sunstruck by Nicole Beck (Chicago, IL)
Alternates (in case artists listed above are unable to participate)
1. Natural Wonders by Michele Moushey Dale (Edgerton, WI)
2. Poly Rhythms by Christopher Georgesco (Desert Hot Springs, CA)
Page 224
April 14, 2022 - Staff Report
2023/2024 El Paseo Sculpture Exhibition Approval
Page 3 of 3
3. Quirky by Charla Elizabeth (Burbank, CA)
4. F4U Corsair by Robert Henderson (Canon City, CO)
5. Rhythmic Taper for El Paseo by Rob Lorenson (Middleboro, MA)
6. Hurricane by Ray Katz (Pontiac, MI)
Because the contract and installation period for the Exhibition is time sensitive, in the
event that some of the above selected artists decline to exhibit and the pool of
alternates is exhausted, staff is requesting authorization make changes to the sculpture
selection based on approval from the City Manager. Specifically, staff will select artists
from the Cultural Arts Committee’s semi-final list, which consists of artists that had the
next highest votes in the selection process for being selected for the Exhibition.
Fiscal Analysis
Costs associated with the 2023/2024 El Paseo Sculpture Exhibition, including artwork
honorariums in the amount of $5,000 for each of the 18 artists (total of $90,000), de-
installation and installation costs, marketing, etc. will be formally requested as part of
the FY 2022/2023 Public Art budget (Fund 436).
No General Fund monies will be expended.
LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW ASSISTANT
CITY MANAGER
N/A
Robert W. Hargreaves
City Attorney
Andy Firestine
Andy Firestine
Director of Public
Works
Veronica Chavez
Veronica Chavez
Director of Finance
Andy Firestine
Andy Firestine
Assistant City Manager
L. Todd L. Hileman, City Manager: L. Todd Hileman
APPLICANT: None
ATTACHMENTS: Draft Contract
Images of Selected and Alternate Artworks
Page 225
Contract No.
1
AGREEMENT FOR TEMPORARY PUBLIC EXHIBITION OF SCULPTURE
This Agreement is entered into this 14th day of April 2022, by and between the City of
Palm Desert, a California municipal corporation (“City”) and John Doe (“Artist”) Type of
Business, Location of Business, for display of an artwork entitled “Title” (“Sculpture”) as
part of the 2023/2024 El Paseo Sculpture Exhibition (“Exhibition”).
RECITALS
A. The Artist desires to loan the Sculpture to the City for public display; and
B. The Art in Public Places Commission and the Palm Desert City Council have
approved a temporary exhibition of the Sculpture in a public place located on El Paseo
between Street and Street (“Exhibition Site”).
THEREFORE, for good and valuable consideration, including, without limitation,
the mutual promises, conditions, and agreements set forth herein, the City and the Artist
agrees as follows:
1. Ownership
The Artist retains all ownership rights in the Sculpture unless sold as provided in
Section 2 below. Notwithstanding the foregoing, City is entitled to exclusive possession
during the Exhibition Period (as defined herein).
2. Sale of Sculpture
Artist may sell the Sculpture during the term of this Agreement; however, the
Sculpture cannot be removed until the end of the Exhibition. If sold, Artist may assign
his or her rights under this Agreement with the written consent of the City, which will not
be unreasonably withheld. Under no circumstances shall sale of the Sculpture
terminate this Agreement or adversely affect City’s rights hereunder including, but not
limited to, City’s right of exclusive possession.
3. Reproduction Rights
Artist hereby grants City, in perpetuity, the right to photograph, film, videotape, or
otherwise depict the Sculpture at any time during the Exhibition Period and to use such
photographs, film, videotapes, or depictions at any time thereafter for purposes of
promotion relating to the Exhibition or the City. Such reproduction and images which
Page 226
Contract No.
2
feature the Sculpture as art for publicity, promotion, and educational purposes shall, to
the extent reasonably possible and appropriate, give reference to the Artist.
Reproduction and images of Sculpture in which the purpose of the reproduction or
image is predominantly unrelated to the Sculpture shall not require reference to Artist.
4. Exhibition Period
The “Exhibition Period” shall mean the period from November 1, 2022 through
October 31, 2024. The Exhibition Period may be shortened or extended in duration by
written mutual agreement between Artist and City. Notwithstanding the foregoing, City
reserves the right, in its sole discretion and with or without cause, to decline or
terminate the Exhibition at any time.
5. Transportation, Installation, Removal, and Maintenance
5.1 Transportation of the Sculpture to and from the Exhibition Site shall
be the responsibility of Artist. The Sculpture must arrive at the Exhibition Site
ready to be secured to the preexisting pad with tabs or another preapproved
installation mechanism. City shall bear the Reasonable Cost of installation and
removal. “Reasonable Cost” shall mean those sums set forth in Attachment “A”,
which is attached hereto and incorporated by this reference. Once the Sculpture
is removed from the pad, Artist is solely responsible for removing it from the
premises. If the Sculpture sells during the Exhibition Period, Artist shall remain
responsible for removal of Sculpture at the end of the Exhibition Period. If Artist
fails to remove Sculpture from the pad within fourteen (14) days of scheduled
deinstallation date, then City will remove and dispose of Sculpture as necessary
and will withhold the Reasonable Cost from the balance of the Exhibition
Honorarium. Expenses in excess of the balance of honorarium will be the
responsibility of the Artist.
5.2 During the Exhibition Period, City shall be responsible for the
maintenance of the Sculpture. City shall take reasonable steps to utilize the
maintenance procedures and/or methods described by Artist and set forth on
Attachment “B”, which is attached hereto and incorporated herein by this
reference, but City reserves the right to decline implementation of any or all, or
any part thereof, of such procedures and/or methods if circumstances, including
Page 227
Contract No.
3
but not limited to considerations of cost, render such implementation
unreasonable. In the event City declines to implement such procedures and/or
methods, Artist may undertake such procedures and/or methods at Artist’s sole
expense.
6. Exhibition Honorarium
City shall pay Artist an exhibition honorarium of five thousand dollars and
no/100ths ($5,000) for the loan and exclusive possession of the Sculpture during the
Exhibition Period (“Exhibition Honorarium”). City’s obligation for payment is conditioned
upon the complete installation and timely removal of Sculpture. Artist shall not be
entitled to payment in the event this Agreement is cancelled or otherwise terminated, for
any reason, prior to completion of installation the Sculpture. Payment shall be made in
accordance with the following schedule.
Installation of Sculpture. Four thousand five hundred dollars ($4,500) of the
Exhibition Honorarium upon completion of delivery and installation of Sculpture.
Removal of Sculpture. Five hundred dollars ($500) of the Exhibition Honorarium
upon removal of Sculpture.
7. Liability for Damage or Injury
7.1 City shall insure the Sculpture against damage or loss in the
amount of XXXX dollars and no/100ths ($XX,XXX.00), which the parties agree is
the fair market value of the Sculpture and the extent of the City’s liability in the
event of its damage or loss.
7.2 City’s obligation to provide insurance is solely for the duration of the
Exhibition Period and only while the Sculpture is located on at the Exhibition Site.
Artist is responsible and liable for any damage or destruction that may occur
during transportation of the Sculpture to and/or from the Exhibition Site.
7.3 To the fullest extent permitted by law, Artist shall indemnify and hold
City harmless from any and all claims, losses, damages, injuries, and/or
liabilities, of any kind whatsoever, including reasonable attorney fees and costs,
arising out of or related to the transportation, installation and/or deinstallation of
the Sculpture by Artist, defects of the Sculpture, faulty workmanship of the Artist,
or any negligent acts or willful misconduct of the Artist and its agents except such
Page 228
Contract No.
4
loss or damage caused by the sole negligence or willful misconduct of the City.
Artist's obligation to indemnify shall survive expiration or termination of this
Agreement and shall not be restricted to insurance proceeds, if any, received by
Artist, the City, its officials, officers, employees, agents, or volunteers.
8. El Paseo Sculpture Exhibition Guidelines
Attached hereto and made a part hereof is Attachment “C”, which are the
Guidelines for the El Paseo Sculpture Exhibition. In the event of conflict between this
Agreement and the Guidelines, this Agreement will prevail.
9. Entire Agreement
This Agreement represents the entire Agreement between City and Artist and no
other representations, whether oral, written or implied, have been made nor may be
relied upon by either City or Artist. This Agreement may be modified only by writing
made after the date of this Agreement and signed by both City and Artist.
10. Governing Law
This Agreement is entered into in and shall be governed by the laws of the State
of California. Venue shall be in Riverside County.
11. Death of Artist
In the event of Artist’s death prior to the completion of the Exhibition Period, City
will return the Sculpture after the conclusion of the Exhibition Period to the person(s)
designated in Attachment “D” at the expense of Artist’s estate or Artist’s designee.
12. Miscellaneous Provisions
This Agreement shall be binding on the successors and assigns of the Parties.
There are no intended third party beneficiaries of any right or obligation assumed by the
Parties. Artist has all requisite power and authority to conduct its business and to
execute, deliver, and perform the Agreement. This Agreement may be signed in
counterparts, each of which shall constitute an original.
Page 229
Contract No.
5
CITY OF PALM DESERT
Dated:
Jan C. Harnik, Mayor
ATTEST:
Dated:
Anthony j. Mejia, City Clerk
ARTIST:
Dated:
Artist
[printed name and title]
John Doe (Artist)
P.O. Box
city, st xxx
xxx-xxx-xxxx
APPROVED AS TO FORM:
Robert W. Hargreaves, City Attorney
Page 230
Contract No.
6
ATTACHMENT A: Transportation, Installation, and Removal Methods and
Associated Cost
Installation/deinstallation coordinated and performed by City of Palm Desert. The Artist
is responsible for transporting the artwork to the assigned site at the assigned date and
time, whereas the City will provide technical assistance with the installation process and
in securing the Sculpture to the foundation. Sculptures must arrive install ready.
Please describe in detail installation methods including required bolt and screw sizes
necessary for securing the Sculpture to the concrete pad. Please note that the concrete
pad cannot be altered in any way to accommodate additional hardware to secure the
Sculpture.
Crane needed to install Sculpture?
Artist Name
Artwork Title
Date
Page 231
Contract No.
7
ATTACHMENT B: Maintenance Requirements and Procedure
Artist Name: John Doe
Please specify maintenance procedures or methods as to how you would like the City to
maintain the Sculpture titled “Art” as presented by Artist John Doe.
Procedure of maintenance as described by Artist:
Artist Name
Sculpture Title
Date
Page 232
Contract No.
8
ATTACHMENT C: Guidelines for the 2023/24 El Paseo Sculpture Exhibition
1. The Public Art Department will facilitate the Exhibition on behalf of the City of Palm
Desert.
2. All sculptures MUST be delivered and picked up from the assigned site pad on El
Paseo at the assigned dates and times.
3. The City of Palm Desert will provide the following for the El Paseo Sculpture
Exhibition.
• A crane, if needed for installation of sculpture. The installation period is
tentatively scheduled from October xx, 2022 to November xx, 2022.
• Advertising and promotion of the Exhibition
• Signage
• Pads/Lighting/Maintenance
• Dedication
• Insurance for estimated value
4. All sculptures MUST be designed with tabs or other devices that can be utilized to
easily secure the artwork to the concrete pads, and the base of the sculpture needs
to fit on the existing pad site as designated in the Call for Entries.
5. All packing and crating materials MUST be removed by the artist at the time of
installation.
6. The Exhibition period will not exceed two years.
7. Sculpture can be sold at any time, but must remain in its designated location for the
entire Exhibition Period.
8. Bio, resume, or CV for the artist and a thorough description of the Sculpture must
be supplied.
9. Artist must provide digital image at 300 dpi suitable for publication in advertising.
Page 233
Contract No.
9
ATTACHMENT D: Designated Beneficiary of Artist in case of Death or Incapacity
of Artist
Please provide the name, address, and phone number of your designated beneficiary.
Page 234
Contract No.
10
ATTACHMENT E: Required Forms to be returned with the Contract
• Notarized copies of Contract
• Attachment A (completed)
• Attachment B (completed)
• Attachment D (completed)
Page 235
EL PASEO
SCULPTURE
EXHIBITION
2023 –2024
Selected Finalists and Alternates
Page 236
#1
Artist :Gil Reyolds
Title: Jewel
PAD 1
Aluminum /Stainless
Steel
70" x 16" x 16“
Newburg, OR
Page 237
#2
Artist: Mir Agol
Title: Conduit
Metal and Glass
12.5' x 7' x 4’
Marblemount, WA
Page 238
#3
Artist: Gonzalo Torres
Title: Pixelman
Hardwood
9' x 4,5' x 1’
Palm Desert, CA
Page 239
#4
Artist: Joe Sackett
Title: Dude Ascending
painted steel
132" x 54" x 54“
ALB, NM
Page 240
#5
Artist: Mitch Levin
Title: Timepiece
Steel, Aluminum &
Concrete
100" x 72" x 30”
Boulder, CO
Page 241
#6
Artist: John Banks
Title: Treble Clef
Pirouette
fiberglass, steel, wood
9' x 50" x 50”
Henderson, NV
Page 242
#7
Artist: John Meyer
Title: Portal Ripple 1 (Proposed)
Steel and aluminum
10' x 5.66' x 1.25’
Temecula, CA
Page 243
#8
Artist: Karen & Tony Barone
Title: Swirly Girl
painted aluminum
8' x 4' x 3’
Rancho Mirage, CA
Page 244
#9
Artist: Delos Van Earl
Title: The Seeker
Oil enamel on steel
120" x 24" x 30“
Yucca Valley, CA
Page 245
#10
Artist: Lynn Jaye
Title: Chinmaya, the Joyful Goddess
Aluminum, acrylic, LEDs,
glass cabochons,
steel base, epoxy
96" x 24" x 24“
Santa Cruz, CA
Page 246
#11
Artist: Christopher Thomson
Title: Blooming Gratitude #2
forged steel,
powder coat
150" x 72" x 72“
Rivera, NM
Page 247
#12
Artist: Pati Stajcar
Title: Red Rover
Bronze
94" x 38" x 25“
Golden, CO
Page 248
#13
Artist: Gleb Dusavitskiy
Title: From the Other Side
(Proposed)
concrete
210 cm x 77 cm x 54cm
Højer, Denmark
Page 249
#14
Artist: Hector Ortega
Title: HYGGE
(Proposed)
Fabricated Corten Steel
and Industrial Paint
129" x 48" x 50“
Phoenix, AZ
Page 250
#15
Artist: Nicholas Meyer
Title: Eye of the Wind
(Proposed)
stainless steel &
fiberglass kinetic sculpture
10' x 5.25' x 2’
Temecula, CA
Page 251
#16
Artist : T Barny
Title: CIROC X -to Traverse
Bronze, Sapphire Patina
100" x 61" x 53“
Healdsburg, CA
Page 252
#17
Artist: Kelly Goff
Title: Continuous Line V
(levity)
painted steel
10' x 5.5' x 5.5’
Norton, MA
Page 253
#18
Artist: Nicole Beck
Title: Sunstruck
PAD 16
Painted steel and
lenticular polycarbonate
9' x 14' x 3’
Chicago, IL
Page 254
ALTERNATES
Page 255
#1
Artist :Michele Moushey Dale
Title: Natural Wonders I
PAD 1
Bronze
45" x 25" x 35“
Edgerton, WI
Page 256
#2
Artist: Christopher Georgesco
Title: Poly Rhythms
Painted Steel on
Stainless Steel
10' x 3' x 3’
Desert Hot Springs, CA
Page 257
#3
Artist: Charla Elizabeth
Title: Quirky
(Proposed)
Painted/Powder Coated
Steel (Pink side)
8' x 5' x 1’
Burbank, CA
Page 258
#4
Artist: Robert Henderson
Title: F4U Chrome Corsair
Chrome Car
Bumpers
7' x 9' x 7’
Canon City, CO
Page 259
#5
Artist: Rob Lorenson
Title: Rhythmic Taper
(proposed)
Stainless Steel
107" x 54" x 50“
Middleboro, MA
Page 260
#6
Artist: Ray Katz
Title: Hurricane
PAD 16
Brushed Aluminum
9' x 16' x 7’
Pontiac, MI
Page 261
[This page has intentionally been left blank.]
Page 262
STAFF REPORT
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
MEETING DATE: April 14, 2022
PREPARED BY: Debra Alleyne, Management Analyst
REQUEST: Approve amendment to Contract Number C41660 with Same Day
Express for maintenance of the City of Palm Desert’s permanent
public art collection and the El Paseo Sculpture Exhibition.
______________________________________________________________________
Recommendation
By Minute Motion:
1. Approve amendment to Contract Number C41660 with Same Day
Express in the amount of $55,200 from the term of July 1, 2022 to June
30, 2023, for maintenance of the City of Palm Desert’s permanent public
art collection and the El Paseo Sculpture Exhibition;
2. Authorize Mayor to execute the amendment; and
3. Approve payment up to $5,000 on an as needed basis for additional
public art maintenance and repair services from Same Day Express.
Strategic Plan Objective
Maintaining Palm Desert’s public art program is in line with the Arts & Culture
Mini-Vision contained in the Strategic Plan, which states:
“Arts and culture give a community its soul. Palm Desert is the cultural
core of the Coachella Valley. Cultural tourism drives economic growth in
Palm Desert. The community is host to internationally recognized cultural
events that bring significant economic benefits to the City. Palm Desert is
a leader in arts education, ensuring a well-rounded population that
possesses high levels of creativity and critical thinking skills.”
Background Analysis
At its meeting of June 10, 2021, the City Council approved Contract Number C41660
with Same Day Express in the amount of $55,200 for maintenance of the City of Palm
Desert’s permanent public art collection and the El Paseo Sculpture Exhibition. The
term of the contract was from July 1, 2021 through June 30, 2022, with an option to
extend the contract annually for up to three (3) years upon the City Council’s approval.
Page 263
Staff Report - April 14, 2022
Same Day Express First Amendment to Contract No. C41660
Page 2 of 2
The services provided by Same Day Express, a local company, have been exceptional
and staff recommends exercising the first extension to the contract for the term of July
1, 2022 through June 30, 2023. Approval of staff’s recommendation will ensure
uninterrupted maintenance services to the City’s permanent public art collection and the
El Paseo Sculpture Exhibition.
At times the City’s public art collection warrants unanticipated repairs due to damage,
vandalism, or the desert’s harsh weather conditions. Currently, the City contracts with
Same Day Express to provide cleaning of the sculptures but not repairs. Approving an
amount not to exceed $5,000 will allow Same Day Express to perform repairs, etc. at an
hourly rate of $80.00 per hour upon approval of the Special Programs Manager.
Fiscal Analysis
Funds for this contract in the amount of $55,200, as well as $5,000 for unexpected
repairs have been requested as part of the FY 2022/2023 Public Art budget. There is no
fiscal impact on the General Fund associated with this request.
CITY ATTORNEY
DEPT. REVIEW FINANCIAL REVIEW ASSISTANT CITY
MANAGER
N/A
Robert W.
Hargreaves
City Attorney
Andy Firestine
Andy Firestine
Director of Public
Works
Veronica Chavez
Veronica Chavez
Director of Finance
Andy Firestine
Andy Firestine
Assistant City
Manager
L. Todd Hileman, City Manager: L. Todd Hileman
APPLICANT: Same Day Express
Brett Fiore
P.O. Box 111
Palm Desert, California 92261
ATTACHMENTS: Contract C41660
First Amendment to Contract Number C41660 (Draft)
Page 264
Contract No. C41660
CONTRACT SERVICES AMENDMENT FOR
MAINTENANCE OF THE CITY OF PALM DESERT’S PUBLIC ART COLLECTION AND
THE SCULPTURES IN THE EL PASEO EXHIBITION
THIS CONTRACT SERVICES AMENDMENT (herein “Amendment”) is made and entered
into this 14th day of April 2022, by and between the CITY OF PALM DESERT, a municipal
corporation (herein “City”) and Same Day Express a Sole Proprietor, Palm Desert, CA
(herein “Contractor”).
NOW, THEREFORE, the parties hereto agree as follows:
A. Section 4. Contract shall be amended to change the term in Section 4 to July 1,
2022 to June 30, 2023.
B. All other terms and conditions of the Agreement, as amended, shall remain
unchanged and in full force and effect.
IN WITNESS WHEREOF, the parties have executed and entered into this Amendment as of
the date first written above.
CITY OF PALM DESERT
_______________________________________
JAN C. HARNIK, MAYOR
ATTEST:
_______________________________________
ANTHONY J. MEJIA, CITY CLERK
APPROVED AS TO FORM:
_______________________________________
ROBERT W. HARGREAVES, CITY ATTORNEY
CONTRACTOR:
________________________________________
SAME DAY EXPRESS
Page 265
[This page has intentionally been left blank.]
Page 266
STAFF REPORT
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
MEETING DATE: April 14, 2022
PREPARED BY: Bassam AL-Beitawi, Transportation Planner
REQUEST: Authorize the purchase of fourteen (14) traffic signal cabinets and
related equipment from Econolite Control Products, Inc., in the
amount of $238,283.16.
________________________________________________________________________
Recommendation
By Minute Motion, authorize the purchase of fourteen (14) traffic signal
cabinets and related equipment from Econolite Control Products, Inc., in the
amount of $238,283.16.
Funds are available in Measure A Fund Account No. 2134250-5000906, TS-Equip &
Upgrades.
Strategic Plan
The proposed action will further the goals of the Strategic Plan by providing a safe and
efficient transportation system for both residents and visitors.
Background Analysis
The City owns and maintains 99 signalized intersections. Each signalized intersection
includes a signal controller cabinet that houses the signal controller and other vital signal
components. The majority of the City owned controller cabinets are Econolite Type P
cabinet, and a few Econolite Type R cabinets
Many of the cabinet controllers are more than 20 years old and are no longer functioning
properly due to deterioration from severe weather conditions. Additionally, some of these
cabinets are no longer capable of accepting new components because of the electrical
wiring connectivity inside the cabinets. Furthermore, the City experienced an unexpected
loss of controller cabinets due to traffic collisions. Replenishing the City’s inventory will
enable staff to continue to replace cabinets due to obsolescence and damages from
collisions.
The controller cabinets proposed for purchase in this staff report include all the equipment
necessary for installation, except for a traffic signal controller unit. The City currently has
sufficient controller units in its inventory. Moreover, the CVAG Traffic Signal
Synchronization Program, a project in which the City is participating, will specify a new
standard traffic signal controller for all participating cities in the Coachella Valley
Page 267
April 14, 2022 - Staff Report
Purchase 14 Traffic Signal Cabinets and Related Equipment
Page 2 of 2
beginning with the first phase, which started construction in 2021. The second phase of
the project is anticipated to start in late 2022.
Econolite Cabinet Controller Products is one of the City’s Original Equipment
Manufacturer (OEM) vendors, who City Council approved on June 10, 2021. For this
reason, a quote was requested and received from Econolite Control Products, Inc. in the
amount of $238,283.16 for the purchase and delivery of fourteen (14) traffic signal
controller cabinets and support equipment.
Fiscal Analysis
The purchase of the cabinets is included in the approved Capital Improvement Project
(CIP) List for Fiscal Year 2021/2022 under the Traffic Signal Interconnect Equipment
Upgrade and Replacement Project. The expense is allocated to Measure A Account No.
2134250-5000906, which currently has an available balance of $802,882. Therefore,
approval of this purchase has no fiscal impact to the general fund.
LEGAL REVIEW DEPT. REVIEW FINANCIAL
REVIEW
ASSISTANT
CITY MANAGER
N/A
Robert W. Hargreaves
City Attorney
Andy Firestine
Andy Firestine
Director of Public Works
Veronica Chavez
Veronica Chavez
Director of Finance
Andy Firestine
Andy Firestine
Assistant City Manager
L. Tod Hileman City Manager: L. Todd Hileman
VENDOR: Econolite Control Products, Inc.
1250 N. Tustin Avenue
Anaheim, CA 92807
ATTACHMENT: Vendor Quote
Page 268
Quotation
1250 N. Tustin Ave. Anaheim, Ca. 92807
econolite.com/feedback
Page 1
3/1/2022
To:
Item # Part Qty Description Tariff Price per Extended
1 CAB18250
12 TS2-2 PNG P44 BM 16 VERT MP CABINET, IN/OUT-
BARE
Includes the Following:
1 CABINET, P44 55" UL LIST
1 GOOSENECK TASK LIGHT,A21 BULB
1 SLIDE DRAWER
1 FILTER AIR 12 X 16 X 1
4 ANCHOR BOLT, 18 X 3/4 X 2.5
1 LOCK, CABINET, DEAD BOLTWITH 2 KEYS,
CORBIN
1 LOCK, SUB TREASURY, BEVEL BOLTW/2 KEYS
LONG 04266
2 SHELF, STANDARD, PERFORATED
1 ENVELOPE, PLASTIC, 12 X 18
1 ASSY, PANEL, FAN, DUAL
DETECTION
1 PANEL, LOOP INTERFACE
1 PANEL, LOOP INTERFACE,
2 DETECTOR RACK, TS2 16 CH
MISC
1 CIRCUIT BRKR, 15A, 1P 120/240V
1 CIRCUIT BRKR, 40A 1P 120/240V
PLUG-INS
1 MMU2-16LEip-E W/ETHERNET PORT
4 FLASH TRANSFER RELAY
8 LOAD SWITCH W/INPUT IND, SSR
1 FLASHER, 2 CKT 15A SOLID STATE
1 POWER SUPPLY, EDI PS200-E
SUB-ASSEMBLIES
1 CABLE, CCA1 CONT PWR TOd
1 SDLC-6 TERM BLOCK ASSY
1 CONVENIENCE OUTLET PANEL
1 PHONE JACK, 3-COND, FEMALE
1 MANUAL SWITCH, SPST, 72" L
1 POWER AUX PANEL
1 CABLE, CCA2 CONT PWR TO
1 MAIN PANEL, TS2-1 PNG
4 BUS INTERFACE UNIT
1 POLICE/AUX SWITCH PANEL, PALM DESERT, CA.
1 POWER BUSS PANEL, 6 CONN
ECONOLITE SYSTEMS CABINET TESTING
$36.34 $15,437.00 $185,244.00
Robert Becerra
Palm Desert, CA; City of
73-510 Fred Waring Drive
74-705 42ND AVE
Palm Desert, CA 92260-2578
USA
Quote Name: P and R Cabinet Quote
Project Reference:
Econolite Reference: Q-07718-X2N5
Page 269
Quotation
1250 N. Tustin Ave. Anaheim, Ca. 92807
econolite.com/feedback
Page 2
2 CAB18301
2 TS2-1 PNG R77 BM 16 POS VERT MAIN PNL
CABINET; IN/OUT-BARE
Includes the Following:
5 FLASH TRANSFER RELAY
1 POWER SUPPLY, EDI PS200-E
1 LOCK, CABINET, DEAD BOLTWITH 2 KEYS,
CORBIN
1 MMU2-16LEip-E W/ETHERNET PORT
4 ASSY BUS INTERFACE UNIT
1 ASSY, POWER AUX PANEL
1 ASSY, PANEL, LOOP INTERFACE
1 ASSY, PANEL, LOOP INTERFACE,
3 SHELF, STANDARD, PERFORATED
1 ASSY, PANEL, FAN, DUAL
1 ASSY, POLICE/AUX SWITCH PANEL, PALM
DESERT, CA.
1 ASSY, POWER BUSS PANEL, 6 CONN
1 ASSY, CABLE, CCA1 CONT PWR TOd
1 ASSY, CABLE, CCA2 CONT PWR TO
1 ASSY, MAIN PANEL, TS2-1 PNG
1 GOOSENECK TASK LIGHT,A21 BULB
13 LOAD SWITCH W/INPUT IND, SSR
12 ASSY, JUMPER, UNUSED, RED
2 ASSY, DETECTOR RACK, TS2 16 CH
1 ASSY, CABINET, 77", ALUM, CONT
1 ASSY, SLIDE DRAWER
1 SDLC-6 TERM BLOCK ASSY
1 BUSS BAR 15 POS W/SET SCREWS14-4 GA WIRE
RANGE
1 BUSS BAR 9 POS W/SET SCREWS
1 FLASHER, 2 CKT 15A SOLID STATE
6 DET, 2 CH, RM, DIP SWITCHES
1 ASSY, LOAD RESISTOR
4 ANCHOR BOLT, 18 X 3/4 X 2.5
1 ENVELOPE, PLASTIC, 12 X 18
1 CIRCUIT BRKR, 15A, 1P 120/240V
1 CIRCUIT BRKR, 40A 1P 120/240V
1 ASSY, CONVENIENCE OUTLET PANEL
2 SW PUSH BUTTON SPST NC.250 SPADE LUG
1 FILTER AIR 12 X 16 X 1
1 LOCK, SUB TREASURY, BEVEL BOLTW/2 KEYS
LONG 04266
1 MANUAL SWITCH, SPST, 72" L
ECONOLITE SYSTEMS CABINET TESTING
$49.54 $17,701.90 $35,403.80
SubTotal $220,647.80
Shipping & Handling*
Taxes** $17,100.20
Tariffs** $535.16
TOTAL $238,283.16
Page 270
Quotation
1250 N. Tustin Ave. Anaheim, Ca. 92807
econolite.com/feedback
Page 3
Unless specifically requested or noted on this quotation, the product(s) quoted herein may or may not
comply with any Buy America requirements.
Cabinet designs are considered final at time of order. Changes requested after date of order may result in
additional fees and extended shipping lead times.
The information transmitted is intended only for the person or entity to which it is addressed and may
contain confidential and/or legally privileged material. Any review, retransmission, dissemination, or other
use of, or taking of any action in reliance upon, this information by persons or entities other than the
intended recipient is prohibited except as required by law.
Quote Valid For Days: 60
FOB: Econolite Factory
Terms: NET30
*Ship Terms: PPD
**Taxes and Tariffs Estimated (if included)
Corey Kelly
Corey Kelly, Account Manager
Mobile: +1 7142734912
ckelly@econolite.com
Shipping Date: To be determined at time of receipt of order
Page 271
[This page has intentionally been left blank.]
Page 272
STAFF REPORT
PALM DESERT HOUSING AUTHORITY
MEETING DATE: April 14, 2022
PREPARED BY: Jessica Gonzales, Senior Management Analyst
REQUEST: Authorize an increase to Contract No. HA38930 with Curtis Allan
Floorcovering, Inc., for procuring floor coverings and related supplies
and services under Engineered Floors, LLC (dba J+J Flooring Group
and dba EF Contract), at the Palm Desert Housing Authority properties
for FY 2021-2022.
______________________________________________________________________
Recommendation
By Minute Motion, that the Authority Board,
1) Authorize an increase of $60,000 for Curtis Allan Floorcovering, Inc.
(Contract No. HA38930) for the purpose of procuring floor coverings
and related supplies and services under National Joint Powers
Alliance Agreement Contract No. 02-60 with Engineered Floors, LLC
(dba J+J Flooring Group and dba EF Contract), at the Palm Desert
Housing Authority (“Authority”) properties pursuant to Section 3.30.260
of the Palm Desert Municipal Code, for FY 2021/2022, making the
annual total amount for the year not to exceed $185,000;
2) Authorize Staff and RPM Company (“RPM”), the Authority’s contracted
management company, to assign additional services as determined to
be necessary due to emergency actions and/or proactively responding
to issues at the Authority properties, including expenditures; and
3) Authorize the Chairman and/or the Executive Director to execute the
Amendment and any documents necessary to effectuate and
implement the actions taken herewith.
Monies are available in the current FY 2021/2022 approved Palm Desert Housing
Authority’s operating budget, in the appropriate Authority accounts.
Housing Commission Recommendation
The Housing Commission will review this recommendation at its regular meeting of April 6,
2022. A verbal report will be provided at the Authority’s regular meeting of April 14, 2022.
Strategic Plan
This request does not apply to a specific strategic plan goal.
Page 273
April 14, 2022 – STAFF REPORT
Housing Authority – Amendment to Contract No. HA38930 with Curtis Allan
Page 2 of 3
Background Analysis
The Authority owns and operates approximately 1,100 residential rental units. Annually the
Authority replaces inefficient, damaged, deteriorated flooring for the Authority owned
residential rental properties. On June 27, 2019, the Authority Board approved Contract No.
HA38930 with Curtis Allan to replace damaged, deteriorated, or inefficient flooring
throughout all Authority Properties (“Contract”), in the annual amount not to exceed
$125,00. The Contract uses Curtis Allan under the NCPA Agreement Contract No. 02-60
with Engineered Floors (dba J+J Flooring Group and dba EF Contract) (“Engineered
Floors”) as the primary supplier and installer for purchases of various floor coverings
(“flooring”), installation and related supplies, equipment and services at the Authority
Properties.
The Authority in 2019 concurrently approved a contract with Curtis Allan as a supplier
through Mohawk Carpet Distribution, Inc. (“Mohawk”), in the annual amount not to exceed
$125,000 under a government purchasing contract. Mohawk’s pricing and quality of the
product declined during the current fiscal year, and staff stopped using Mohawk as a
supplier. Staff does not propose to renew that contract further.
Additionally, in this fiscal year there has been an increase in the annual anticipated
expenditures due to emergency repairs of occupied units and reasonable ADA
accommodation requests. The units have required more replacement than normally
projected to make units available at varying authority properties.
Staff is requesting an increase of $60,000 to Contract No. HA38930 for replacement of
flooring at the properties for the remainder of the current fiscal year. Under the provisions
set forth in the City of Palm Desert Municipal Code, Section 3.30.260 of the Municipal Code,
the Authority may procure floor coverings and related supplies, equipment and services.
Staff recommends approval of this request to continue flooring procurement, installation and
related services at the properties for the remainder of the 2021/2022 fiscal year.
Fiscal Analysis
Approval of staff’s recommendation would increase the not-to-exceed amount on Contract
No. HA38930 Curtis Allan for flooring, installation and related services by $60,000.
Currently, only $ 17,690 of the approved $125,000 contract with Mohawk has been used.
Discontinuing the use of Mohawk has provided savings for the increase to this Contract.
Actual expenditures will be paid from the monies available in the approved FY 2021/2022
Housing Authority’s operating budget.
Page 274
April 14, 2022 – STAFF REPORT
Housing Authority – Amendment to Contract No. HA38930 with Curtis Allan
Page 3 of 3
CONTRACTOR: Curtis Allan Floorcovering, Inc.
132 West 8th Street
National City, CA 91950
ATTACHMENTS:
1. Draft Amendment No. 1 to Contract No. HA38930
LEGAL REVIEW DEPT. REVIEW FINANCIAL
REVIEW
ASSISTANT CITY
MANAGER
N/A
Special Counsel to
the Authority
Martin Alvarez
Martin Alvarez
Director of
Development Services
Department
Veronica Chavez
Veronica Chavez
Director of Finance
Andy Firestine
Andy Firestine
Assistant City
Manager
Director, Todd Hileman: L. Todd Hileman
Page 275
PALM DESERT HOUSING AUTHORITY
AMENDMENT NO. 1 TO PROCUREMENT OF FLOOR COVERINGS AND RELATED
SUPPLIES, EQUIPMENT AND SERVICES CONTRACT NO. HA38930
1. Parties and Date.
This Amendment No. 1 to the PROCUREMENT OF FLOOR COVERINGS AND
RELATED SUPPLIES, EQUIPMENT AND SERVICES AGREEMENT is made and entered
into as of this 14th day of April, 2022, by and between the Palm Desert Housing Authority
(“Housing Authority”) and CURTIS ALLAN FLOORCOVERING, INC., a Corporation with its
principal place of business at 3035 Palisades Drive, Corona, California 92880 (Contractor).
The Housing Authority and Contractor are sometimes individually referred to as “Party” and
collectively as “Parties.”
2. Recitals.
2.1 Agreement. The Housing Authority and Contractor have entered into an
agreement entitled Procurement of Floor Coverings and Related Supplies, Equipment and
Services Agreement dated June 27, 2019 (“Agreement” or “Contract”) for the purpose of
retaining the services of Contractor to provide Flooring Services for the Housing Authority
properties.
2.2 Amendment. The Housing Authority and Contractor desire to amend the
Agreement for additional compensation.
2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to
Section 2.3 of the Agreement.
3. Terms.
3.1 Compensation. Section 3.3.1. of the Agreement is hereby amended in its
entirety to read as follows:
3.2.1 Contractor shall receive compensation, including authorized
reimbursements, for all Services rendered under this Agreement at the rates set forth in
Exhibit "B" of the Agreement and attached hereto and incorporated herein by reference. The
total compensation shall not exceed One Hundred Eighty-Five and 00/100 ($185,000)
including non-warrantee partial replacements and repairs without written approval
of Housing Authority’s Executive Director. Extra Work may be authorized, as
described below, and if authorized, will be compensated at the rates and manner set forth
in this Agreement or as agreed to by the Parties in writing.
3.4 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
Page 276
Contract No. HA38930, Amendment No. 1
Page 2 of 4
Revised 11-2-20
BBK 72500.00001\32445060.1
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.
3.5 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.
3.6 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.
3.7 Counterparts. This Amendment No. 1 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 277
Contract No. HA38930, Amendment No. 1
Page 3 of 4
Revised 11-2-20
BBK 72500.00001\32445060.1
SIGNATURE PAGE FOR AMENDMENT NO. 1 TO PROCUREMENT OF FLOOR
COVERINGS AND RELATED SUPPLIES, EQUIPMENT AND SERVICES CONTRACT
NO. HA38930 BETWEEN THE PALM DESERT HOUSING AUTHORITY
AND CURTIS ALLAN FLOORCOVERING, INC.
IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 1 to the
Flooring Services Agreement as of the day and year first above written.
PALM DESERT HOUSING AUTHORITY
Approved By:
Jan C. Harnik
Chairman
Attested By:
Anthony J. Mejia, Secretary
Approved As To Form:
By:
Best Best & Krieger LLP
City Attorney
CURTIS ALLAN FLOORCOVERING, INC.
Signature
Name
Title
Signature
Name
Title
Page 278
Contract No. HA38930, Amendment No. 1
Page 4 of 4
Revised 11-2-20
BBK 72500.00001\32445060.1
Exhibit B
SCHEDULE OF SERVICES
Page 279
[This page has intentionally been left blank.]
Page 280
STAFF REPORT
CITY OF PALM DESERT
Public Works Department
MEETING DATE: April 14, 2022
PREPARED BY: Chris Gerry, Project Manager
REQUEST: Accept Contract No. C36570B with PCI of Azusa, California, for the Citywide
Bike-Golf Cart Lane Improvements as complete and authorize the City Clerk to
file the Notice of Completion (Project No. 565-18).
Recommendation
By Minute Motion:
1. Accept Contract No. No. C36570B with PCI of Azusa, California, for the Citywide
Bike-Golf Cart Lane Improvements (Project No. 565-18) as complete, and
2. Authorize the City Clerk to file the Notice of Completion.
Background
On March 25, 2021, the City Council awarded Contract No. C36570B for the Citywide Bike-Golf Cart
Lane Improvements to PCI of Azusa, California, in the amount of $92,310.00. At that time, the City
Council authorized a ten percent (10%) contingency and authorized the City Manager to approve such
changes up to that amount.
The total amount spent on the project was $93,635.00, which includes the contract and change orders.
Staff has inspected the work performed by the contractor and has found said work to be complete and
in accordance with the contract requirements.
Fiscal Analysis
There is no fiscal impact regarding the acceptance of this project and filing of the Notice of Completion.
LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW ASSISTANT CITY MANAGER
N/A
Robert W. Hargreaves
City Attorney
Andy Firestine
Andy Firestine
Director of Public Works
Veronica Chavez
Veronica Chavez
Director of Finance
Andy Firestine
Andy Firestine
Assistant City Manager
City Manager: L. Todd Hileman: L. Todd Hileman
Contractor
PCI
975 West 1st Street
Azusa, California 91702
Attachments
A. Notice of Completion
Page 281
To be recorded with the Riverside County Recorder
on or within 15 days after completion and acceptance by
the City Council. NO RECORDING FEE PER
SECTION 6103 OF THE GOVERNMENT CODE.
APN 000-000-000 R/W NOTICE OF COMPLETION
(Cal. Civ. Code § 9200 et seq. – Public Works)
NOTICE IS HEREBY GIVEN:
1. That the interest or estate stated in paragraph 3 herein in the real property herein described is SOLELY
OWNED by the CITY OF PALM DESERT, A MUNICIPAL CORPORATION, a political subdivision of the State
of California, and whose address is 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA, 92260.
2. That the full name and address of the owner of said interest or estate is set forth in the preceding
paragraph.
3. That the nature of the title of the stated owner, as set forth in paragraph 1, is FEE.
4. That on the 25 day of March, 2022 work of improvement described as the Citywide Bike-Golf Cart Lane
Improvements, Project No. 565-18 Contract No. C36570B, on the real property herein described was
completed.
5. That the name of the original contractor, if any, for said work of improvement was: PCI, 975 West 1st
Street, Azusa, CA 91702.
6. That the real property herein referred to is situated in the City of Palm Desert, County of Riverside,
State of California, and is described as Exhibit 1-A.
7. I, Jan C. Harnik, Mayor of the City of Palm Desert, am authorized to execute and file this Notice of
Completion with the County Recorder of the County of Riverside on behalf of the City of Palm Desert. I have
read the Notice of Completion and know the contents thereof; the same is true of my own knowledge. I
declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
CITY OF PALM DESERT
A MUNICIPAL CORPORATION
Date: By:
Jan C. Harnik, Mayor
When recorded, return to:
Office of the City Clerk
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
STATE OF CALIFORNIA }
} ss
COUNTY OF RIVERSIDE }
On __________ __________, 2022, before me, Anthony J. Mejia, City Clerk of the City of Palm Desert, personally appeared Jan C.
Harnik, Mayor of the City of Palm Desert, a Municipal Corporation, and acknowledged to me that the City of Palm Desert executed the
same.
Anthony J. Mejia, City Clerk
Rev. May 2020
Page 282
Exhibit A-1
Project Locations
Bicycle and Golf Cart Lane Improvement Locations
Page 283
[This page has intentionally been left blank.]
Page 284
CONTRACT NO. C40670A
STAFF REPORT
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
MEETING DATE: April 14, 2022
PREPARED BY: Ryan Gayler, Project Manager
REQUEST: Accept Contract No. C40670A with LC Paving, Inc. of Escondido,
California for the Alessandro West Improvements – Phase II as
complete and authorize the City Clerk to file the Notice of Completion
(Project No. 817-21).
___________________________________________________________________________
Recommendation
By Minute Motion:
1. Accept the Alessandro West Improvements – Phase II Project as complete;
and,
2. Authorize the City Clerk to file the Notice of Completion.
Background Analysis
On August 26, 2021, the City Council awarded Contract No. C40670A in the amount of
$575,115.90 to LC Paving, Inc. of Escondido, California for Phase II of the Alessandro
West Improvements.
Staff has inspected the work performed by the contractor and has found said work to be
complete and in accordance with the contract requirements.
Fiscal Analysis
There is no fiscal impact associated with this action.
Page 285
April 14, 2022 - Staff Report
NOC for the Alessandro West – Phase II Project, Contract C40670A, Project No. 817-21
Page 2 of 2
LEGAL REVIEW DEPT. REVIEW FINANCIAL
REVIEW
ASSISTANT
CITY MANAGER
N/A
Robert W. Hargreaves
City Attorney
Andy Firestine
Andy Firestine
Director of Public Works
Veronica Chavez
Veronica Chavez
Director of Finance
Andy Firestine
Andy Firestine
Assistant City Manager
L. Todd Hileman, City Manager: L. Todd Hileman
APPLICANT: LC Paving, Inc.
620 Alpine Way
Escondido, California 92029
ATTACHMENTS: Notice of Completion
Vicinity Map
Page 286
To be recorded with the Riverside County Recorder
on or within 15 days after completion and acceptance by
the City Council. NO RECORDING FEE PER
SECTION 6103 OF THE GOVERNMENT CODE.
APN - R/W 000-000-000 NOTICE OF COMPLETION
(Cal. Civ. Code § 9200 et seq. – Public Works)
NOTICE IS HEREBY GIVEN:
1.That the interest or estate stated in paragraph 3 herein in the real property herein described is SOLELY
OWNED by the CITY OF PALM DESERT, A MUNICIPAL CORPORATION, a political subdivision of the State
of California, and whose address is 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA, 92260.
2.That the full name and address of the owner of said interest or estate is set forth in the preceding
paragraph.
3.That the nature of the title of the stated owner, as set forth in paragraph 1, is IN FEE
4.That on the 14th day of April 2022 work of improvement described as the Alessandro West Improvements
-Phase II Project, Project No. 817-21, Contract No. C40670A, on the real property herein described was
completed.
5.That the name of the original contractor, if any, for said work of improvement was: LC Paving, Inc., 620
Alpine Way, Escondido, CA 92029
6.That the real property herein referred to is situated in the City of Palm Desert, County of Riverside, State
of California, and is described as (Right-of-way) 73-510 Fred Waring Drive, Palm Desert, CA 92260.
7.I, Jan C. Harnik, Mayor of the City of Palm Desert, am authorized to execute and file this Notice of
Completion with the County Recorder of the County of Riverside on behalf of the City of Palm Desert. I have
read the Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare
under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
CITY OF PALM DESERT
A MUNICIPAL CORPORATION
Date: By:
Jan C. Harnik, Mayor
When recorded, return to:
Office of the City Clerk
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
STATE OF CALIFORNIA }
} ss
COUNTY OF RIVERSIDE }
On __________ __________, 2022, before me, Anthony J. Mejia, City Clerk of the City of Palm Desert, personally appeared Jan C.
Harnik, Mayor of the City of Palm Desert, a Municipal Corporation, and acknowledged to me that the City of Palm Desert executed the
same.
Anthony J. Mejia, City Clerk
Rev. May 2020
Page 287
PALM DESERT DR N
PALM DESERT DR S
PALM DESERT DR SSAN CLEMENTE CIRSAN GORGONIO WAYSAN GORGONIO WAY
SAN ANTONIO CIRALLEYSAN ANTONIO CIRSAN GORGONIO WAY
SAN CLEMENTE CIRALLEYPALM DESERT DR S SAN MARCOS AVESAN GORGONIO WAYSAN GORGONIO WAY
HWY 111 HWY 111 HWY 111
Date: 2021
Alessandro Phase II
PALM DESERT DR N
PALM DESERT DR S
PALM DESERT DR SSAN CLEMENTE CIRSAN GORGONIO WAYSAN GORGONIO WAY
SAN ANTONIO CIRALLEYSAN ANTONIO CIRSAN GORGONIO WAY
SAN CLEMENTE CIRALLEYPALM DESERT DR S SAN MARCOS AVESAN GORGONIO WAYSAN GORGONIO WAY
HWY 111 HWY 111 HWY 111
I
VICINITY MAP
Page 288
W:\Staff Reports - Shared 2\Staff Reports 2022-0414\5 - Clerk's Office - 2022-0414\16 Rec and file cancellation of lease and sublease agmt - McCallum Theatre\0 - SR Receive
and File Cancellation of McCallum Lease_Sublease.doc
STAFF REPORT
CITY OF PALM DESERT
MEETING DATE: April 14, 2022
PREPARED BY: Veronica Chavez, Director of Finance
REQUEST: Receive and file the Cancellation of Lease and Sublease
Agreement and Return of undisbursed prepaid rent from the
McCallum Theatre
Recommendation
Receive and file the Cancellation of Lease and Sublease Agreement and
Return of Undisbursed prepaid rent from the McCallum Theatre.
Background
The Friends of the Cultural Center, Inc. has exercised its right to cancel the City’s
leasehold interest in the McCallum Theatre by returning the balance of the prepaid rent.
The City has acknowledged the cancellation under the Cancellation of Lease and
Sublease Agreement, dated as of April 1, 2022, a copy of which is on file in the office of
the City Clerk.
Fiscal Impact
The returned funds in the amount of $2,698,180.51 will be set aside in the Restricted
Capital Project Fund 451, to be used for public improvement capital projects.
LEGAL REVIEW DEPT. REVIEW FINANCIAL
REVIEW
ASSISTANT
CITY MANAGER
N/A
Robert Hargreaves
City Attorney
Veronica Chavez
Veronica Chavez
Director of
Finance
Veronica Chavez
Veronica Chavez
Director of Finance
N/A
Andy Firestine
Assistant City Manager
L. Todd Hileman, City Manager: L. Todd Hileman
Page 289
[This page has intentionally been left blank.]
Page 290
CITY OF PALM DESERTGeneral Fund Financial Reportto \2021‐22 Annual Budget2021‐22 YTD Budget2021‐22 YTD Actual2021‐22 % to YTD BudgetPrior YTD ActualRevenuesSales Tax23,029,000 14,124,543 12,573,402 89% 9,660,061 ↑ Sales Tax for July -December 2021. Prior Year July -December 2020.Transient Occupancy Tax14,032,678 6,816,669 9,581,523 141% 4,136,106 ↑ Includes payments received through February 28, 2022 for July '21-January 2022.License, Permits, & Charges3,896,238 2,062,468 2,084,328 101% 1,643,546 ↑ Property Tax7,598,723 3,803,747 4,027,492 106% 3,702,119 ↑ Receive in January and May of each Fiscal Year. Timing differences for unsecured taxes.Franchise Fees3,000,000 740,197 848,519 115% 771,174 ↑ Receive various times during the year. Interest Income and Rent1634,000 485,084 352,003 73% 490,440 ↓State Subvention4,646,960 2,349,912 2,352,093 100% 2,276,405 ↑ All Others3,486,005 3,486,005 3,663,123 105% 3,840,149 ↓Timing differences from various fees.InterFund Transfers In2,932,500 2,305,289 - 0% 1,985,740 Transfers are done various times during the year.TOTAL REVENUES63,256,104 36,173,914 35,482,483 98% 28,505,740 2021‐22 Annual Budget2021‐22 YTD Budget2021‐22 YTD Actual Encumb.2021‐22 % to YTD BudgetPrior YTD ActualExpendituresPolice Services20,000,359 8,358,521 5,603,381 14,396,978 67% 8,153,929 ↓Current Year includes expenditures invoiced for July -November; PY includes July & Decemberexpenditures.General Government + Contrib15,024,551 10,215,222 9,236,627 1,018,821 90% 9,383,021 ↓Includes payment of $2.674M to PERS for the City's annual required payment; prior year paid $3.46MPublic Works6,822,724 3,574,771 3,612,828 1,110,589 101% 3,413,122 ↑ Parks4,688,925 2,417,011 2,268,039 1,530,759 94% 2,253,273 ↑ Landscape Contracts and Medians paymentsBuilding and Safety1,849,750 1,208,779 960,006 432,272 79% 959,319 ↑ Community Development3,530,739 1,863,870 1,731,448 344,306 93% 1,598,588 ↑ Economic Development4,171,376 1,654,527 1,928,956 639,443 117% 1,338,935 ↑ InterFund Transfers Out8,560,435 1,143,314 - - 0% 1,070,000 Done various times during the year.TOTAL GEN FUND EXP64,648,859 30,436,015 25,341,285 19,473,168 83% 28,170,187 Total GF Exp and Encumb 44,814,453 Fire Protection Services17,508,365 10,960,009 3,799,340 13,709,025 35% 8,059,583 Variance result of timing difference of Fire Billing, from Riverside County Fire Department.ExplanationExplanationFebruary 28, 2022 (Year to date)(YTD Budget based on prior year percentage of actual to budget)NEW FORMAT Page 291
CITY OF PALM DESERTGeneral Fund Financial Report ‐ Two Year Comparison for the two years ended 2021‐22 YTD Actual Prior YTD Actual Variance% Comparison of Prior Year Actual RevenuesSales Tax212,573,402 9,660,061 2,913,341 130.16%↑ Sales Tax for July -December 2021. Prior Year July -December 2020.Transient Occupancy Tax9,581,523 4,136,106 5,445,417 231.66%↑ Includes payments received through February 28, 2022 for July '21-January 2022.License, Permits, & Charges2,084,328 1,643,546 440,782 126.82%↑ Property Tax4,027,492 3,702,119 325,373 108.79%↑ Receive in January and May of each Fiscal Year. Timing differences for unsecured taxes.Franchise Fees848,519 771,174 77,345 110.03%↑ Receive various times during the year. Interest Income and Rent1352,003 490,440 (138,437) 71.77%↓State Subvention2,352,093 2,276,405 75,688 103.32%↑ All Others3,663,123 3,840,149 (177,026) 95.39%↓Timing differences from various fees.InterFund Transfers In- 1,985,740 (1,985,740) 0.00%Transfers are done various times during the year.TOTAL REVENUES35,482,483 28,505,740 6,976,743 124.47% 2021‐22 YTD Actual Prior YTD Actual Variance% Comparison of Prior Year Actual ExpendituresPolice Services5,603,381 8,153,929 (2,550,548) 68.72%↓Current Year includes expenditures invoiced for July -November; PY includes July & bdGeneral Government + Contrib9,236,627 9,383,021 (146,394) 98.44%↓Includes payment of $2.674M to PERS for the City's annual required payment; prior year paid $3.46MPublic Works3,612,828 3,413,122 199,706 105.85%↑ Parks2,268,039 2,253,273 14,766 100.66%↑ Landscape Contracts and Medians paymentsBuilding and Safety960,006 959,319 687 100.07%↑ Community Development1,731,448 1,598,588 132,860 108.31%↑ Economic Development1,928,956 1,338,935 590,021 144.07%↑ InterFund Transfers Out- 1,070,000 (1,070,000) 0.00%TOTAL GEN FUND EXP25,341,285 28,170,187 (2,828,902) 89.96% Fire Protection Services3,799,340 8,059,583 (4,260,243) 47.14%Variance result of timing difference of Fire Billing, from Riverside County Fire Department.February 28, 2022, and February 28, 2021 ExplanationExplanationActual to Actual ‐ 2,000,000 4,000,000 6,000,000 8,000,000 10,000,000 12,000,000 14,000,000Sales Tax Transient Occupancy Tax License, Permits, & Charges Property Tax Franchise Fees Interest Income and Rent State Subvention All Others InterFund Transfers InFy 2021‐22FY 2020‐21 2-YEAR COMPARISON Page 292
CITY OF PALM DESERTGeneral Fund Financial ReportTO67% of the year complete2021‐22 Annual Budget2021‐22 YTD Budget2021‐22 YTD Actual2021‐22 % to YTD BudgetPrior YTD ActualRevenuesSales Tax 23,029,000 15,352,667 12,573,402 82% 9,660,061 ↑ Sales Tax for July -December 2021. Prior Year July -December 2020.Transient Occupancy Tax 14,032,678 9,355,119 9,581,523 102% 4,136,106 ↑ Includes payments received through February 28, 2022 for July '21-January 2022.License, Permits, & Charges 3,896,238 2,597,492 2,084,328 80% 1,643,546 ↑ Property Tax 7,598,723 5,065,815 4,027,492 80% 3,702,119 ↑ Receive in January and May of each Fiscal Year. Timing differences for unsecured taxes.Franchise Fees 3,000,000 2,000,000 848,519 42% 771,174 ↑ Receive various times during the year. Interest Income and Rent1634,000 422,667 352,003 83% 490,440 ↓State Subvention 4,646,960 3,097,973 2,352,093 76% 2,276,405 ↑ All Others 3,486,005 2,324,003 3,663,123 158% 3,840,149 ↓InterFund Transfers In 2,932,500 1,955,000 - 0% 1,985,740 ↓Transfers are done various times during the year.TOTAL REVENUES 63,256,104 42,170,736 35,482,483 84% 28,505,740 2021‐22 Annual Budget2021‐22 YTD Budget2021‐22 YTD Actual Encumb.2021‐22 % to YTD BudgetPrior YTD ActualExpendituresPolice Services20,000,359 13,333,573 5,603,381 14,396,978 42% 8,153,929 ↓Current Year includes expenditures invoiced for July -November; PY includes July & Decemberexpenditures.General Government + Contrib15,024,551 10,016,367 9,236,627 1,018,821 92% 9,383,021 ↓Includes payment of $2.674M to PERS for the City's annual required payment; prior year paid $3.46MPublic Works6,822,724 4,548,483 3,612,828 1,110,589 79% 3,413,122 ↑ Parks4,688,925 3,125,950 2,268,039 1,530,759 73% 2,253,273 ↑ Landscape Contracts and Medians paymentsBuilding and Safety1,849,750 1,233,167 960,006 432,272 78% 959,319 ↑ Community Development 3,530,739 2,353,826 1,731,448 344,306 74% 1,598,588 ↑ Economic Development 4,171,376 2,780,917 1,928,956 639,443 69% 1,338,935 ↑ InterFund Transfers Out 8,560,435 5,706,957 - 0% 1,070,000 TOTAL GEN FUND EXP 64,648,859 43,099,240 25,341,285 19,473,168 59% 28,170,187 Total GF Exp and Encumb 44,814,453 Fire Protection Services 17,508,365 11,672,243 3,799,340 13,709,025 33% 8,059,583 Variance result of timing difference of Fire Billing, from Riverside County Fire Department.February 28, 2022 (year to date) ExplanationYTD Budget based on ORIGINAL FORMAT Page 293
CITY OF PALM DESERTGeneral Fund Financial Reportto Notes:1. Interest earnings are allocated to all funds that have cash balance at year end.2. Sales Tax is paid in estimated monthly payments and adjusted for each quarter: 1st ‐Feb. ‐ May, 2nd ‐June ‐Aug, 3rd‐ Sept ‐Nov, 4th‐ Nov ‐ Feb. 3. TOT is received on monthly basis in arrears, for example January collection is paid in February.4. Property Taxes are collected from property owners in December and April bi‐annually and paid to the City in January and June.5. Department of Motor Vehicle fees are paid twice a year by the State on February and June.6. Franchise Fees are paid through property tax collection from Burtec and are paid in April for Time Warner. Edison and Gas Co. 7. General Gov. includes: City Council, City Clerk, City Attorney, City Manager, Finance, Audit, Human Resources, Information Tech., Insurance8. Economic Development includes: Community Promotions, Market, Visitor Information, Economic Dev. 9. The Information (unaudited) derived from actual revenues and expenditures received by the City during the respective month‐to‐date reported and, are accurate as of the date of the report. Changes to the revenue and expenditures could result from the fiscal year end audit, changes in estimates by payer agency's i.e. Ca. Dept. of Fee and Tax. Any changes will be reflected at the next reporting period. February 28, 2022 (Year to date)Notes to the Financial ReportsPage 294
City of Palm Desert
Investments Summary
February 2022
The City’s investment portfolio is detailed below. Investment transactions were executed
in accordance with the California State Government Code, the City’s Investment Policy and
all bond indentures. Cash is sufficient to meet the next three months of expenditures until
additional revenues are collected.
Investment Portfolio:
$ Millions
Beginning Ending
Book Value Purchases & Redemptions & Book Value % of
Asset Class (2/1/22)* Deposits Withdrawals (2/28/22) Portfolio
Agencies 30.95$ 30.95$ 11%
Corporates 39.99 39.99 14%
Negotiable CD 5.00 5.00 2%
CAMP Pool 4.76 10.00 14.76 5%
LAIF Pool 47.07 47.07 17%
County Pool 79.48 79.48 28%
Custodian ®51.20 (1.58) 49.62 17%
Trustee ®4.80 0.03 4.83 2%
Cash 17.48 8.53 (13.01) 13.00 5%
Total 280.72$ 18.56$ (14.59)$ 284.70$ 100%
® = Restricted funds based upon bond indenture terms.
Major changes to the portfolio during the month of January include the addition of $3.585M in sales
tax, $2.35 in ERAF, and $1.27M in transient occupancy tax. Withdrawals include costs associated
with Burrtec, debt service, public safety and the construction at San Pablo and President’s Plaza
Parking Lot.
Portfolio Allocations, Maturities and Performance:
-
5
10
9M 1Y 2Y 3Y 4Y 5Y
Investment Maturity
Page 295
Page 296
Page 297
Page 298
Page 299
Page 300
Page 301
Page 302
Page 303
Page 304
Page 305
Page 306
Page 307
Page 308
Page 309
Page 310
Page 311
Page 312
Page 313
Page 314
Page 315
Page 316
Page 317
Page 318
Page 319
Page 320
Page 321
Page 322
STAFF REPORT
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
MEETING DATE: April 14, 2022
PREPARED BY: Shawn Muir, Management Analyst
REVIEWED BY: Andy Ramirez, Deputy Director of Public Works
REQUEST: Adopt Resolution No. 22-_______ of the City Council of the City of
Palm Desert Authorizing the Submittal of an Application to the
California Natural Resources Agency Department of Parks and
Recreation for the Palma Village Park Improvements Project
___________________________________________________________________________
Recommendation
By Minute Motion:
1) Waive further reading and adopt City Resolution No. 22-_____ a resolution
of the City Council of Palm Desert authorizing the submittal of an application
to the California Natural Resources Agency Department of Parks and
Recreation for the Palma Village Park Improvements Project, and
2) Authorize the City Manager or his Designee to execute all documents that
may be necessary to facilitate the application or award.
Strategic Plan Objective
A top priority of the City’s Envision Palm Desert Strategic Plan is to secure funding to
sustain and enhance the community’s parks and recreation areas and activities. This
request meets that objective by securing funding to update and enhance an existing park,
Palma Village Park. If grant funding is awarded, the City will continue to further its goals
by replacing aging park components and increasing safety and usability of the existing
park for all ages.
Executive Summary
Approval of this request will authorize staff to submit an application for the California
Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of
2018 Per Capita Program. Under this program, the State of California allocated $210,727
in grant funding to the City of Palm Desert. There is a 20% match required if the site does
not serve a severely disadvantaged community. Since Palma Village Park is located in
a community that is classified as Severely Disadvantaged by the State of California, a
match will not be required. The City will utilize the allocated grant funds to rehabilitate and
preserve the existing park to benefit the community and enhance quality of life.
Page 323
April 14, 2022 - Staff Report
Adopt Resolution Authorizing Per Capita Grant Application
Page 2 of 3
Specifically, sidewalk lighting will be replaced with new LED lights, and overhead lighting
will be upgraded to LED. In addition, park tables and benches will be replaced, and a
new pavilion will be added.
Background
The California Natural Resources Agency, Department of Parks and Recreation
contacted the Public Works Department on February 9, 2022, to make City staff aware
that a $210,727 award had been allocated to the City; however, an application had not
yet been submitted. This program originated from Proposition 68, placed on the ballot
via Senate Bill 5 (DeLeon, Chapter 852, statutes of 2017), and approved by voters on
June 5, 2018. The General Per Capita Program amount is $185,000,000 and the Urban
County Per Capita amount is $13,875,000. Eligible recipients include cities, eligible
districts, counties, and regional park districts. Projects must be capital outlay for
recreational purposes, either acquisition or development. The Per Capita Program does
not use a competitive process to award funds; all cities and counties that apply and meet
eligibility requirements will be funded.
If approved by the City Council, the City will submit an application for available funding
under the Per Capita Program and has identified improvements to Palma Village Park as
an eligible project. A successful application will provide the City with a grant in the amount
of $210,727.
Per Capita funding may be used to create or rehabilitate parks and/or recreational
facilities that demonstrate a benefit to the community and improve public recreation. The
City will utilize the allocated grant funds to rehabilitate and preserve an existing park,
Palma Village Park, in the most appropriate manner to ensure that the benefit of the award
is maximized.
Staff recommends approval of the attached resolution authorizing the submittal of the
application to California Natural Resources Agency Department of Parks and Recreation
in order to request grant funding under the Per Capita Program.
Fiscal Analysis
Per Capita Program funds can be used to supplement, not supplant, local revenues in
existence as of June 5, 2018, for the purpose of public recreation. Since the grant funds
will be utilized to serve a severely disadvantaged community, no match is required. There
is no direct fiscal impact with the approval of this request.
Page 324
April 14, 2022 - Staff Report
Adopt Resolution Authorizing Per Capita Grant Application
Page 3 of 3
LEGAL REVIEW
Approved as to Form
DEPT. REVIEW FINANCIAL
REVIEW
ASSISTANT CITY
MANAGER
N/A
Robert W. Hargreaves
City Attorney
Andy Firestine
Andy Firestine
Director of Public Works
Veronica Chavez
Veronica Chavez
Director of Finance
Andy Firestine
Andy Firestine
Assistant City Manager
City Manager, L. Todd Hileman: L. Todd Hileman
ATTACHMENTS: Resolution
Draft Grant Application Package
• Application
• CEQA, Notice of Exemption
• Checklist
• Development Scope
• Funding Sources
• Match
• Ownership
• Site Plan
Vicinity Map
Page 325
Resolution No. 2022-_____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA
AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA NATURAL
RESOURCES AGENCY DEPARTMENT OF PARKS AND RECREATION FOR PER CAPITA
GRANT FUNDS FOR THE PALMA VILLAGE PARK IMPROVEMENTS PROJECT
WHEREAS, the State Department of Parks and Recreation has been
delegated the responsibility by the Legislature of the State of California for the
administration of the Per Capita Grant Program, setting up necessary procedures governing
application(s); and
WHEREAS, said procedures established by the State Department of Parks
and Recreation require the grantee’s Governing Body to certify by resolution the approval of
project application(s) before submission of said applications to the State; and
WHEREAS, the grantee will enter into a contract(s) with the State of
California to complete project(s);
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Palm Desert, California, hereby:
1. Approves the filing of project application(s) for Per Capita program grant project(s);
and
2. Certifies that said grantee has or will have available, prior to commencement of project
work utilizing Per Capita funding, sufficient funds to complete the project(s); and
3. Certifies that the grantee has or will have sufficient funds to operate and maintain the
project(s), and
4. Certifies that all projects proposed will be consistent with the park and recreation
element of the City of Palm Desert general or recreation plan (PRC §80063(a)), and
5. Certifies that these funds will be used to supplement, not supplant, local revenues in
existence as of June 5, 2018 (PRC §80062(d)), and
6. Certifies that it will comply with the provisions of §1771.5 of the State Labor Code, and
7. (PRC §80001(b)(8)(A-G)) To the extent practicable, as identified in the “Presidential
Memorandum--Promoting Diversity and Inclusion in Our National Parks, National
Forests, and Other Public Lands and Waters,” dated January 12, 2017, the [ ] will
consider a range of actions that include, but are not limited to, the following:
(A) Conducting active outreach to diverse populations, particularly minority, low-
income, and disabled populations and tribal communities, to increase awareness
within those communities and the public generally about specific programs and
opportunities.
(B) Mentoring new environmental, outdoor recreation, and conservation leaders to
increase diverse representation across these areas.
(C) Creating new partnerships with state, local, tribal, private, and nonprofit
organizations to expand access for diverse populations.
(D) Identifying and implementing improvements to existing programs to increase
visitation and access by diverse populations, particularly minority, low-income,
and disabled populations and tribal communities.
Page 326
April 14, 2022 - Staff Report
Adopt Resolution Authorizing Per Capita Grant Application
Page 2 of 2
(E) Expanding the use of multilingual and culturally appropriate materials in public
communications and educational strategies, including through social media
strategies, as appropriate, that target diverse populations.
(F) Developing or expanding coordinated efforts to promote youth engagement and
empowerment, including fostering new partnerships with diversity-serving and
youth-serving organizations, urban areas, and programs.
(G) Identifying possible staff liaisons to diverse populations.
8. Agrees that to the extent practicable, the project(s) will provide workforce education
and training, contractor and job opportunities for disadvantaged communities (PRC
§80001(b)(5)).
9. Certifies that the grantee shall not reduce the amount of funding otherwise available to
be spent on parks or other projects eligible for funds under this division in its
jurisdiction. A one-time allocation of other funding that has been expended for parks or
other projects, but which is not available on an ongoing basis, shall not be considered
when calculating a recipient’s annual expenditures. (PRC §80062(d)).
10. Certifies that the grantee has reviewed, understands, and agrees to the General
Provisions contained in the contract shown in the Procedural Guide; and
11. Delegates the authority to the City Manager, or designee to conduct all negotiations,
sign and submit all documents, including, but not limited to applications, agreements,
amendments, and payment requests, which may be necessary for the completion of
the grant scope(s); and
12. Agrees to comply with all applicable federal, state and local laws, ordinances, rules,
regulations and guidelines.
PASSED, APPROVED, AND ADOPTED this 14th day of April 2022, by the City Council of
the City of Palm Desert, California by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
JAN C. HARNIK, MAYOR
ATTEST:
ANTHONY J. MEJIA, MMC, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
Page 327
State of California – The Natural Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CEQA Compliance Certification
GRANTEE:
Project Name:
Project Address:
Is CEQA complete? Yes No Is completing CEQA a PROJECT SCOPE item? Yes No
What document was filed, or is expected to be filed for this project’s CEQA analysis:
Date complete/expected to be completed
Notice of Exemption (attach recorded copy if filed)
Notice of Determination (attach recorded copy if filed)
Other:
If CEQA is complete, and a Notice of Exemption or Notice of Determination was not filed, attach
a letter from the Lead Agency explaining why, certifying the project has complied with CEQA
and noting the date that the project was approved by the Lead Agency.
Lead Agency Contact Information
Agency Name:
Contact Person:
Mailing Address:
Phone: ( ) Email:
Certification:
I hereby certify that the above referenced Lead Agency has complied or will comply with
the California Environmental Quality Act (CEQA) and that the project is described in
adequate and sufficient detail to allow the project’s construction or acquisition.
I further certify that the CEQA analysis for this project encompasses all aspects of the
work to be completed with grant funds.
AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title
FOR OGALS USE ONLY
CEQA Document Date Received PO Initials
NOE NOD
Page 328
State of California – The Natural Resources Agency
DEPARTMENT OF PARKS AND RECREATION
Per Capita Project Application Form
PROJECT NAME REQUESTED GRANT AMOUNT
$
PROJECT SITE NAME and PHYSICAL ADDRESS
where PROJECT is located including zip code
(substitute latitude and longitude where no street
address is available)
MATCH AMOUNT (if project is not serving
a severely disadvantaged community)
$
LAND TENURE ( all that apply)
Owned in fee simple by GRANTEE
Available (or will be available) under
a ( ) year lease or easement
NEAREST CROSS STREET
Project Type (Check one) Acquisition Development
COUNTY OF PROJECT LOCATION
GRANTEE NAME AND MAILING ADDRESS
AUTHORIZED REPRESENTATIVE AS SHOWN IN RESOLUTION
Name (typed or printed) and Title Email address Phone
GRANT CONTACT-For administration of grant (if different from AUTHORIZED REPRESENTATIVE)
Name (typed or printed) and Title Email address Phone
GRANT SCOPE: I represent and warrant that this APPLICATION PACKET describes the intended
use of the requested GRANT to complete the items listed in the attached Development
PROJECT Scope/Cost Estimate Form or acquisition documentation. I declare under penalty of
perjury, under the laws of the State of California, that the information contained in this
APPLICATION PACKET, including required attachments, is accurate.
Signature of AUTHORIZED REPRESENTATIVE as shown in Resolution Date
Print Name:
Title:
Page 329
Notice of Exemption Appendix E
Revised 2011
To: Office of Planning and Research
P.O. Box 3044, Room 113
Sacramento, CA 95812-3044
County Clerk
County of: __________________
___________________________
___________________________
From: (Public Agency): ____________________________
_______________________________________________
_______________________________________________
(Address)
Project Title: ____________________________________________________________________________
Project Applicant: ________________________________________________________________________
Project Location - Specific:
Project Location - City: ______________________ Project Location - County: _____________________
Description of Nature, Purpose and Beneficiaries of Project:
Name of Public Agency Approving Project: _____________________________________________________
Name of Person or Agency Carrying Out Project: ________________________________________________
Exempt Status: (check one):
Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Categorical Exemption. State type and section number: ____________________________________
Statutory Exemptions. State code number: ______________________________________________
Reasons why project is exempt:
Lead Agency
Contact Person: ____________________________ Area Code/Telephone/Extension: _______________
If filed by applicant:
1. Attach certified document of exemption finding.
2. Has a Notice of Exemption been filed by the public agency approving the project? ҏ Yes No
Signature: ____________________________ Date: ______________ Title: _______________________
Signed by Lead Agency Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR: _______________
Reference: Sections 21108, 21152, and 21152.1, Public Resources Code.
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Riverside
Palma Village Park Improvement Project
City of Palm Desert
Palm Desert Riverside
City of Palm Desert
City of Palm Desert
Section 15301. Existing Facilities. Class 1
Shawn Muir 760-776-66481
Print Form
This project upgrades and enhances Palma Village Park by replacing existing sidewalk lighting with LED lights
and upgrading overhead lights to LED. In addition, park tables and benches will be replaced, and a new
pavilion will be added.
This project meets the requirements of Title 14, Article 19, Section 15301 Class 1(d). The project was reviewed
and analyzed and it was determined that there would be little or no impact to the environment or
environmental resources due to the project scope confined within a previously developed City park. The
proposed project does not change existing use or substantially alter the existing park features.
Palma Village Park, 44550 San Carlos Ave, Palm Desert, CA 92260
Page 330
11
State of California – The Natural Resources Agency
DEPARTMENT OF PARKS AND RECREATION
Application Packet Checklist
GRANTEES must complete the checklist below and submit it with the APPLICATION PACKET.
An APPLICATION PACKET is not complete unless all items on the checklist are submitted.
Each PROJECT requires its own APPLICATION PACKET.
Check if included Check if not applicable
Application Item Procedural
Guide
Page #
Check when
signed by
AUTHORIZED
REPRESENTATIVE
Application
Packet
Page #
Application Packet Checklist
Digital file name: checklist.pdf Pg. 11 Pg.
Application
Digital file name: application.pdf Pg. 12
Pg.
Development Project Scope/Cost
Estimate, or
Digital file name: devscope.pdf
Pg. 19
Pg.
Acquisition Requirements
Digital file names: acqscope.pdf & acqdocs.pdf Pg. 14
Pg.
Funding Sources Form
Digital file name: fundingsources.pdf Pg. 20
Pg.
Per Capita Match Calculator
Digital file name: match.pdf Pg. 13
Pg.
CEQA Compliance Certification
Digital file name: ceqa.pdf Pg. 21
Pg.
Land Tenure documentation
Digital file names: ownership.pdf or
nonownership.pdf
Pg. 21
Pg.
Sub-Leases or Agreements
Digital file name: otheragreements.pdf Pg. 24 Pg.
Site Plan
Digital file name: siteplan.pdf Pg. 24 Pg.
GHG Emissions Reduction
Worksheet (at completion)
Digital file name: emissions.pdf
Pg. 24
Pg.
Photos
Digital file name: photos.pdf Pg. 24 Pg.
Page 331
-
□ □ □
□ □ □
□ □ □
□ □ □
□ □ □
□ □ □
□ □ □
□ □ □
□ □ □
□ □ □
□ □ □
State of California – The Natural Resources Agency
DEPARTMENT OF PARKS AND RECREATION
Development Project Scope/Cost Estimate Form
GRANTEE: PROJECT Name
Development project scope (Describe the project in 30 words or less):
Project Scope Items all that apply:
Install
new
Renovate
existing
Replace
existing Recreation Element
Pool, aquatic center, splash pad
Trails or walking paths
Landscaping or irrigation
Group picnic, outdoor classrooms, other gathering spaces
Play equipment, outdoor fitness equipment
Sports fields, sports courts, court lighting
Community center, gym, other indoor facilities
Restroom, concession stand
Other:
Other:
Minor elements which support one or more of the recreation
elements checked above: benches, lighting, parking, signage, etc.
PRE-CONSTRUCTION (costs incurred prior to ground-breaking, such as design,
permits, bid packages, CEQA); up to 25% of total PROJECT cost. $
Construction $
Total PROJECT cost $
Subtract GRANTEE match if not in severely disadvantaged community
(20% of total PROJECT cost, see page 13)
Less match
-$
Total GRANT amount requested $
The GRANTEE understands that all elements listed on this form must be complete and
open to the public before the final grant payment will be made.
AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title
19
Page 332
State of California – The Natural Resources Agency
DEPARTMENT OF PARKS AND RECREATION
20
GRANTEE: PROJECT Name
PROJECTS funded by the program are not complete until the PROJECT SCOPE is complete,
and the PROJECT is open to the public. PROJECTS will:
•Be entirely funded by the GRANT, or
•Require funds in excess of the GRANT.
If the PROJECT requires funds in excess of the GRANT, the SCOPE of the PROJECT may be
either the SCOPE of the larger project, or a subset of the larger project.
For example, if the PROJECT is $100,000 towards construction of a $500,000 park, the
SCOPE can be the $500,000 park, or a $100,000 element of the park, such as a
playground, that can be complete and open to the public.
The PROJECT will be entirely funded by the GRANT, or
The PROJECT requires funds in excess of the GRANT:
The SCOPE is the same as the scope of the larger project, or
The SCOPE is a subset of a larger project, the scope of that larger project is:
Larger project cost: $ Anticipated completion date:
List all funds that will be used. Submit revised Funding Sources form should funding
sources be added or modified.
Funding Source Date Committed Amount
Per Capita/State of California July 1, 2018 $
$
$
I represent and warrant that I have full authority to execute this Funding Sources Form
on behalf of the GRANTEE. I declare under penalty of perjury, under the laws of the State
of California, that this status report, and any accompanying documents, for the above-
mentioned GRANT is true and correct to the best of my knowledge.
AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title
Funding Sources Form
Page 333
PROJECT AREA STATISTICS PROJECT AREA MAP
County Riverside
Median Household Income $41,844
Agency Type Other Agency
The project serves a Severely Disadvantaged Community.
Match is NOT required.
REPORT BACKGROUND
The project statistics have been calculated based on half
mile radius around the point location selected. Only park
acres within the project area's half mile radius are reported.
Population and people in poverty are calculated by
determining the percent of any census block-groups that
intersect with the project area. The project area is then
assigned the sum of all the census block-group portions. An
equal distribution in census block-groups is assumed. Rural
areas are calculated at a census block level to improve
results.
Median household and per capita income are calculated as
a weighted average of the census block- group values that
fall within the project area.
More information on the calculations is available on the
methods page.
DemographicsDemographics—American Community Survey (ACS) 5-year
estimates 2014-2018; Decennial 2010 Census; the margin of
error (MOE) was not analyzed.
ParksParks—California Protected Areas Database 2020a CFF
adjusted (6/2020) - more information at
http://www.CALands.org. Parks and park acres area based
on best available source information but may not always
contain exact boundaries or all parks in specific locations.
Parks are defined further in the 2015 SCORP (pg. 4).
Users can send updated information on parks to
SCORP@parks.ca.gov
Project ID: 107465
Coordinates: 33.7238, -116.3799
Date: 2/10/2022
California State Parks
Per Capita Match Calculator
This is the Per Capita Match Report for the site you have selected. Please review to ensure that the pin lies within the boundaries
of an existing or proposed park, and submit to OGALS with your Project Application.
Park or Preserved Area
Disadvantaged Community
Severely Disadvantaged Community
No Data
SCORP Community FactFinder is a service of the
California Department of Parks and Recreation
www.parks.ca.gov
SCORP Community FactFinder created by
GreenInfo Network www.greeninfo.org
in consultation with CA Dept. of Parks and Rec
Page 334
Page 335
23
Land Tenure Checklist
GRANTEE: PROJECT Name
Page Required Item
Type of agreement: For example: lease, joint powers agreement,
easement, memorandum of understanding, etc.
____________________________________________________
Parties to the agreement (land owner must be public agency or utility)
and date signed:
Party Date Signed
Term of the agreement: years
Agreement end date:
•Grant amounts up to $100,000 require at least 20 years of land tenure.
•Grant amounts above $100,000 require at least 30 years of land tenure.
•The land tenure requirement begins on July 1, 2018.
Renewal option: Must include an option, which can be non-binding, for the
GRANTEE to renew the agreement beyond the original 20 or 30 year term.
Termination clause: Any of the following is acceptable:
•No termination clause – the agreement is non-revocable.
•Termination clause specifies the agreement is revocable only for cause.
•The termination clause cannot allow the land owner to revoke the
agreement without cause, i.e., at will.
Site Control, Roles and Responsibilities should the GRANT be awarded,
the agreement:
•Authorizes the GRANTEE to proceed with the construction PROJECT. The
GRANTEE may delegate construction to other entities.
•Establishes when the general public can use the PROJECT and gives
GRANTEE permission to operate the PROJECT site (such as scheduling
recreational programs). The GRANTEE may delegate operational roles to
other entities but is bound through the contract provisions to ensure full
public access for the duration of the land tenure period.
•Identifies which entity will maintain the PROJECT site. The GRANTEE may
delegate maintenance to other entities but is bound through the contract
provisions to ensure maintenance of the PROJECT site for the duration of
the land tenure period.
Page 336
DE ANZA WA
Y
SANPASCUALAVESAN G
O
R
G
O
N
I
O
W
A
Y
SAN CARLOS AVEDE ANZA
W
A
Y
DE ANZA WA
Y
SANPASCUALAVESAN G
O
R
G
O
N
I
O
W
A
Y
SAN CARLOS AVEDE ANZA
W
A
Y
Palma Village Park
I
VICINITY MAP
Page 337
[This page has intentionally been left blank.]
Page 338
STAFF REPORT
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
MEETING DATE: April 14, 2022
PREPARED BY: Andy Ramirez, Deputy Director of Public Works
Randy Chavez, Landscape Supervisor
Amy Lawrence, Special Programs Manager
Shawn Muir, Management Analyst
REQUEST: Request Mayor Jan C. Harnik sign the National Wildlife Federation’s
Mayors’ Monarch Pledge to renew the City’s efforts to protect and
enhance the pollinator population
Recommendation
1. Waive further reading and adopt Resolution No. ______, authorizing the
City of Palm Desert to enter into the National Wildlife Federation’s Mayors’
Monarch Pledge and issue a proclamation on the City’s Monarch Day
Pledge on or before April 30, 2022.
2. By Minute Motion, authorize staff to work in collaboration with the Living
Desert Zoo and Gardens and University of California, Riverside (UCR) Palm
Desert Center to carry out the three specific actions listed below within the
next year:
a. Install a monarch butterfly mural within the City;
b. Install educational signs within Civic Center Park regarding the
demonstration garden completed in 2021 as part of the Mayors’
Monarch Pledge; and
c. Plant milkweed at various City parks and medians, where advisable.
Strategic Plan
The Mayors’ Monarch Pledge and associated projects foster a partnership with The Living
Desert Zoo and Gardens and UCR Palm Desert Center to create areas within the City
dedicated to conservation of pollinator species. This concept aligns with Priority 2 of the
Strategic Plan which focuses on innovative ideas to provide recreation to the community
through creative collaboration with partner agencies. The Strategic Plan also points out
that art and culture drive economic growth in the City, which supports the installation of
the monarch mural.
Background Analysis
The monarch butterfly is known for the migration it makes every year from Canada and
the eastern, central and western United States to the central mountains of Mexico. Palm
Page 339
April 14, 2022 - Staff Report
Approve Renewal of Mayor’s Monarch Pledge
Page 2 of 3
Desert is on the west coast flyway for monarchs heading to and from Mexico.
Unfortunately, the monarch butterfly is disappearing, and scientists indicate that the
population has declined by 90% over the last twenty years.
Like all butterflies, monarchs lay their eggs on select plants, called “host plants”; the only
plants their caterpillars can eat. For monarchs in Palm Desert, desert milkweed (Asclepias
subulata) is the host plant. Studies show that milkweed across the United States declined
by 58% from 1999 to 2010, which has critically affected the monarch population.
The City was approached in 2021 by The Living Desert Zoo and Gardens requesting that
the Mayor take a pledge on specific projects that create public awareness and increase
the number of monarch butterflies in Palm Desert and the Coachella Valley. Increasing
the number of monarchs in the Coachella Valley is important because they are significant
pollinators for local fruit, nut, and vegetable growers.
The Mayors’ Monarch Pledge was considered by the City Council and approved in 2021.
Staff were authorized to collaborate with The Living Desert Zoo and Gardens on the
Pledge, install a monarch butterfly mural within the City, and develop a pollinator garden
in Civic Center Park.
All three of the pledged actions in 2021 have made significant progress, and additional
actions are planned for 2022. The Mayors’ Monarch Pledge was taken and the City
became a registered signatory on April 26, 2021. The pollinator garden was installed in
May 2021 at Civic Center Park in front of the Marman Bridge, which connects the Park to
San Pasqual Avenue. Interpretive signs were added in March 2022 (photos attached),
which guide Park visitors to the Pollinator Garden and display a QR code. City staff
coordinated with The Living Desert Zoo and Gardens to link the QR code to The Living
Desert Zoo and Gardens’ website, offering information on how one may support
pollinators by planting native vegetation at home. City staff will also work to incorporate
milkweed wherever feasible at various City parks and medians moving forward to
increase food sources for Monarch butterflies and other pollinators.
At its March 10, 2021, meeting, the Cultural Arts Committee recommended that staff
explore locations for a monarch butterfly mural within the City. Staff reached out to UCR
Palm Desert Center to determine interest and after an extensive vetting process by UCR,
the location was approved. On April 13, 2022, staff will present cost and installation
information to the Cultural Arts Committee on the monarch butterfly mural and will request
recommendation to proceed with City Council approval.
Upon completion of all items, the City will be asked to submit a simple reporting form
regarding the action measures taken on an annual basis. This information will be used by
the National Wildlife Federation to track the collective outcomes and impacts of this
action.
Staff will continue to explore ways to implement additional pledge actions as it works with
The Living Desert Zoo and Gardens and UCR Palm Desert Center to create awareness
Page 340
April 14, 2022 - Staff Report
Approve Renewal of Mayor’s Monarch Pledge
Page 3 of 3
and appreciation for monarch butterfly habitats should the City Council approve entering
into this pledge once again.
Fiscal Analysis
Issuance of the proclamation will have no fiscal impact on the budget. The cost of mural
installation is yet to be determined; however, it will be funded by the Public Art Fund. This
item will be brought back for the City Council’s review and approval. The annual
maintenance cost for the pollinator garden will be approximately $1,000 per year. Staff
has accounted for this cost in the Civic Center Park Repair and Maintenance account
(1104610-4332001). Since this maintenance is included in the City’s landscape
maintenance contract, it will have no further fiscal impact on the budget.
LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW ASSISTANT
CITY MANAGER
N/A
Robert W. Hargreaves
City Attorney
Andy Firestine
Andy Firestine
Director of Public Works
Veronica Chavez
Veronica Chavez
Director of Finance
Andy Firestine
Andy Firestine
Assistant City Manager
City Manager, L. Todd Hileman: L. Todd Hileman
ATTACHMENTS: Exhibit A – Mayors’ Monarch Pledge Sample Survey
Site Map
Resolution
Proclamation
Pollinator Garden Installation Photos
Pollinator Garden Sign Photos
Page 341
1
Mayors’ Monarch Pledge Survey
Open Pledge Period: December 1 – March 31
Thanks for your interest in taking the National Wildlife Federation Mayors’ Monarch Pledge
this year. Only mayors and heads of local and tribal government (or their staff designees)
may fill out this pledge form. Please note: the survey will not save and will need to be
completed in one sitting.
Information from this form will be used to create a public community profile page to
showcase your mayor’s progress and efforts in the program.
Please be sure to read the pledge language and FAQ before taking the pledge. If you have any
questions, you can email us at mayorsmonarchpledge@nwf.org.
Mayor’s Basic Information
If you are not a “mayor,” or the head of local or tribal government, please enter your name
and appropriate title here.
Title
First Name
Last Name
Email Address
Page 342
2
Community Name
If your community doesn’t have an official name, consider using the following formats:
Town of Herndon, City of Fairfax, etc.
City
State
Mayor’s Mailing Address
Address Line 1
Address Line 2
City
State
Zip Code
Page 343
3
Staff Point of Contact Information
Please provide your professional title in the space below.
Please note that the Staff Point of Contact you entered below will be the default user for
your community profile. Please make sure you enter a valid email address.
Title
First Name
Last Name
Email
Note: This email address is your log in account.
Phone Number
Pledge Summary
Please type a description of your community, your community’s efforts and/or interest in
committing to monarch and pollinator conservation. This information will populate on your
community’s profile page, but can be updated and edited after this survey is submitted. See
below for a sample description.
Example Description: Exampleville is a city in central Virginia with a population of roughly
50,000. The city is nestled in the Green Ridge Mountains and is home to the beautiful
Exampleville Regional Park and many community gardens. Mayor Smith of Exampleville, VA
has committed to saving the monarch butterfly and other pollinators with their signing of the
Mayors’ Monarch Pledge and looks forward to engaging residents in building more pollinator
habitat throughout the city.
Page 344
4
Action Item Selections
Each year, you must commit to at least 3 Action Items from this list which you will report on
at the end of the year. At least 1 action must be taken from the “Program & Demonstration
Gardens” section.
Communications and Convening
Issue a Proclamation to raise awareness about the decline of the monarch
butterfly and the species’ need for habitat.
Example Activities:
1. Issue a Monarch Day Pledge
2. Incorporate monarchs into your Earth Day, Pollinator Week or other
proclamation
Launch or maintain a public communication effort to encourage residents to
plant monarch gardens at their homes or in their neighborhoods. (If you have
community members who speak a language other than English, we encourage
you to also communicate in that language; Champion Pledges must
communicate in that language.)
Engage with community garden groups and urge them to plant native
milkweeds and nectar-producing plants.
Engage with city parks and recreation, public works, sustainability, and other
relevant staff to identify opportunities to revise and maintain mowing
programs and milkweed / native nectar plant planting programs.
Engage with gardening leaders and partners (e.g., Master Naturalists, Master
Gardeners, Nature Centers, Native Plant Society Chapters) to support monarch
butterfly conservation.
Example Activities:
1. Develop community gardens with local gardening leaders
2. Host programming and other activities with Nature Centers
3. Coordinate and collaborate with local gardening groups at schools, colleges,
and universities
Engage with Homeowners Associations (HOAs), Community Associations or
neighborhood organizations to identify opportunities to plant monarch gardens
and revise maintenance and mowing programs.
Engage with developers, planners, and landscape architects to identify
opportunities to create monarch habitat.
Page 345
5
Create a community-driven educational conservation strategy that focuses on
and benefits local, underserved residents.
Example Activities:
1. Conduct outreach and support habitat / green space improvements in
underserved communities.
2. Develop brochures in different languages
Create a community art project to enhance and promote monarch and
pollinator conservation as well as cultural awareness and recognition.
Example Activities:
1. Host photo contests
2. Commission murals
3. Create and show films and documentaries
4. Support public art installations
5. Collaborate with local artists, including school, college, and university art
departments to create community-wide art
Program and Demonstration Gardens
Host or support a native seed or plant sale, giveaway or swap.
Facilitate or support a milkweed seed collection and propagation effort.
Plant or maintain a monarch and pollinator-friendly demonstration garden at
City Hall or another prominent community location.
Convert abandoned lots to monarch habitat.
Plant milkweed and pollinator-friendly native nectar plants in medians and
public rights-of-way.
Launch or maintain an outdoor education program in school gardens that
builds awareness and creates habitat by engaging students, teachers, and the
community in planting native milkweed and pollinator-friendly native nectar
plants (i.e., National Wildlife Federation’s Eco-Schools USA Schoolyard Habitats
program and Monarch Mission curriculum).
Example Activities:
1. Eco-Schools USA Schoolyard Habitats
2. PK-12 Monarch Mission Curriculum (English and Spanish)
3. National Wildlife Federation Campus Pollinator Pledge
Page 346
6
Earn or maintain recognition for being a wildlife-friendly city by participating in
other wildlife and habitat conservation efforts (i.e., National Wildlife
Federation’s Community Wildlife Habitat program).
Example Activities:
1. Join the Community Wildlife Habitat
Host or support a monarch neighborhood challenge to engage neighborhoods
and homeowners’ associations within the community to increase awareness
and/or create habitat for the monarch butterfly.
Example Activities:
1. Host photo challenges
2. Create property certification challenges
3. Collaborate with schools, universities, and colleges to host joint awareness and
habitat creation challenges
Initiate or support community science (or citizen science) efforts that help
monitor monarch migration and health.
Example Activities:
1. Citizen Science Opportunities (Monarch Joint Venture)
2. NWF’s Monarch Stewards Program Certification
3. Engage with local colleges and universities science departments to host
community-wide opportunities
Add or maintain native milkweed and nectar producing plants in public
community gardens.
Launch, expand, or continue an invasive species removal program that will
support the re-establishment of native habitats for monarch butterflies and
other pollinators.
Host or support a city monarch butterfly festival to promote monarch and
pollinator conservation, as well as cultural awareness and recognition
Display educational signage at monarch gardens and pollinator habitat beyond
monarch demonstration gardens.
Example Activities:
1. Neighborhood Garden Signs (Victory Garden of Tomorrow)
2. Create plant labels or interpretive language for community gardens, parks,
prairie habitat, rights-of-way, etc.
Page 347
7
Systems Change
Please select the actions that you will begin to work on this year, are in progress, or have
already been completed.
Remove milkweed from the list of noxious plants in city weed / landscaping
ordinances (if applicable).
Change weed or mowing ordinances to allow for native prairie and plant
habitats.
Increase the percentage of native plants, shrubs and trees that must be used in
city landscaping ordinances and encourage use of milkweed, where
appropriate.
Direct city property managers to consider the use of native milkweed and
nectar plants at city properties, where appropriate.
Integrate monarch butterfly conservation into the city’s Park Master Plan,
Sustainability Plan, Climate Resiliency Plan or other city plans.
Change ordinances so pesticide, herbicide, insecticide or other chemicals used
in the community are not harmful to pollinators.
Example Activities:
1. Work with local school districts to eliminate or minimize the use of pesticides,
herbicides, and insecticides on school properties
2. Adopt Integrated Pest Management (IPM) practices
Adopt ordinances that support reducing light pollution.
California Specific: Pass a resolution to protect over-wintering monarch
butterfly habitat on public and private lands.
Questions or Comments
Do you have any questions or comments?
Page 348
SANPABLOAVECARMEL CIRSANPASCUALAVEKRUG AVE
SAN PASCUAL AVEPRIVATE ST
SAN PASCUAL AVEPRIVATE ST
M A GN ESI A FA LLS D R
SEBASTIAN WAYPRIVATE ST
SANPABLOAVECARMEL CIRCARMEL CIRHEITZ CTMARTINI
C
T
PRIVATE ST
PRIVATE ST
SAN PASCUAL AVEPRIVATE STCARMEL CIRFRED WARING DR
MASSON STPRIVATE STRANCHO RD RANCHO RD
PRIVATE RD PRIVATE STPRIVATE ST
M A GN ESI A FA LLS D R
SANPABLOAVEFRED WARING DRSANPABLOAVE CARMEL CIRSANPASCUALAVEKRUG AVE
SAN PASCUAL AVEPRIVATE ST
SAN PASCUAL AVEPRIVATE ST
M A GN ESI A FA LLS D R
SEBASTIAN WAYPRIVATE ST
SANPABLOAVECARMEL CIRCARMEL CIRHEITZ CTMARTINI
C
T
PRIVATE ST
PRIVATE ST
SAN PASCUAL AVEPRIVATE STCARMEL CIRFRED WARING DR
MASSON STPRIVATE STRANCHO RD RANCHO RD
PRIVATE RD PRIVATE STPRIVATE ST
M A GN ESI A FA LLS D R
SANPABLOAVEFRED WARING DR
Mayor's Monarch Pledge
Pollinator Friendly Demonstration Garden I
GARDENLOCATION
VICINITY MAP
Page 349
RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, AUTHORIZING THE CITY TO ENTER INTO THE NATIONAL
WILDLIFE FEDERATION MAYORS’ MONARCH PLEDGE
WHEREAS, the large and brilliantly colored monarch butterfly is among the most
easily recognizable of the butterfly species that call North America home; and
WHEREAS, the monarch butterfly population has declined by approximately 90
percent since the 1990s. Monarch butterflies face habitat loss and fragmentation in the
United States and Mexico; and
WHEREAS, Mayors and other local executives are taking action to help save the
monarch butterfly; and
WHEREAS, through the National Wildlife Federation Mayors’ Monarch Pledge, U.S.
municipalities and other communities are committing to create habitat for the monarch
butterfly and pollinators, and to educate citizens on how they can make a difference at
home and in their community; and
WHEREAS, as part of the Mayors’ Monarch Pledge, the City is required to take at
least three action items.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm
Desert, California:
SECTION 1. The Mayor is hereby authorized to issue a Proclamation pursuant to
Pledge Action Item under Communications and Convening in Exhibit A of this Resolution on
behalf of the City to raise awareness about the decline of the monarch butterfly and the
species’ need for habitat.
SECTION 2. The City Manager or designee is hereby directed to utilize the
appropriate City staff and departments to accomplish at least two of the Pledge Action items
listed in Exhibit A.
SECTION 3. The City Manager or designee is hereby encouraged but not required
to utilize appropriate City staff and departments to accomplish additional Pledge Action
Items listed in Exhibit A beyond those required in Sections 1 and 2 above.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held on the 14th day of April, 2022 by the following
vote, to wit:
AYES:
NOES:
ABSENT:
Page 350
ABSTAIN:
_________________________________________
KATHLEEN KELLY, MAYOR
ATTEST:
_________________________________________
ANTHONY MEJIA, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
Page 351
Whereas, pollinator species such as honey bees, birds, bats and butterflies are
essential partners of farmers in producing food and are vital to keeping items such as
fruits, nuts and vegetables in our diets; and
Whereas, healthy pollinator populations are critical to the continued economic
well-being of agricultural producers in the Coachella Valley and of the economy of the
United States; and
Whereas, pollinator losses over the past few decades require immediate attention
to ensure the sustainability of our food production systems, avoid additional economic
impact on the agricultural sector, and protect environmental health; and
Whereas, it is critically important to encourage the protection of pollinators,
increase the quality and amount of pollinator habitat and forage, reverse pollinator losses,
and help restore pollinator populations to healthy levels.
Now, Therefore, Be It Resolved That I, Jan C. Harnik, Mayor of the City of Palm
Desert, California, along with the entire City Council, do hereby proclaim the week of June
20 through June 26, 2022, as
City of Palm Desert
Pollinator Week
in recognition of the vital significance of protecting pollinator health, and I call upon the
residents of Palm Desert to join me in celebrating the significance of pollinators with
appropriate observances and activities.
In Witness Whereof, I have hereunto
set my hand and have caused the
Official Seal of the City of Palm
Desert, California, to be affixed this
14th day of April, 2022.
Page 352
WHEREAS, pollinator species such as honey bees, birds, bats and
butterflies are essential partners of farmers in producing food and are vital to
keeping items such as fruits, nuts and vegetables in our diets; and
WHEREAS, healthy pollinator populations are critical to the continued
economic well-being of agricultural producers in the Coachella Valley and of
the economy of the United States; and
WHEREAS, pollinator losses over the past few decades require
immediate attention to ensure the sustainability of our food production
systems, avoid additional economic impact on the agricultural sector, and
protect environmental health; and
WHEREAS, it is critically important to encourage the protection of
pollinators, increase the quality and amount of pollinator habitat and forage,
reverse pollinator losses, and help restore pollinator populations to healthy
levels.
NOW, THEREFORE, BE IT RESOLVED THAT I, Jan C. Harnik,
Mayor of the City of Palm Desert, California, along with the entire City
Council, do hereby proclaim the week of June 20 through June 26, 2022, as
City of Palm Desert
Pollinator Week
in recognition of the vital significance of protecting pollinator health, and I call
upon the residents of Palm Desert to join me in celebrating the significance
of pollinators with appropriate observances and activities.
In Witness Whereof, I have hereunto set my
hand and have caused the Official Seal of the
City of Palm Desert, California, to be affixed
this ____ day of _____, 2022.
Page 353
Pollinator Garden – Civic Center Park
Installation completed May 2021
Page 354
Page 355
Page 356
Page 357
[This page has intentionally been left blank.]
Page 358
CONTRACT NO. C36620
STAFF REPORT
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
MEETING DATE: April 14, 2022
PREPARED BY: Shawn Muir, Management Analyst
REQUEST: Approve Amendment No. 4 to Contract No. C36620 with the Family
YMCA of the Desert of Palm Desert, California, for Management and
Staffing at the Palm Desert Aquatic Center
Recommendation
By Minute Motion:
1. Approve Amendment No. 4 to Contract No. C36620 with the Family YMCA
of the Desert (“YMCA”) of Palm Desert, California, for management and
staffing of the Palm Desert Aquatic Center in the annual amount of
$165,000 plus reimbursement of additional costs included in the agreement
for an amount not to exceed $1,444,400; and,
2. Authorize the Mayor to execute said amendment.
Funds have been included in the proposed 2022/23 Budget Request in the Aquatic Center
Special Revenue Fund Account numbers as referenced in the fiscal analysis.
Strategic Plan
High quality facility management and staffing at the Palm Desert Aquatic Center (PDAC)
sustains one of the City’s premier recreational facilities. The proposed action will further
the goals of the Strategic Plan by providing pervasive recreation opportunities for
residents and visitors.
Background Analysis
In January 2018, the City issued a Request for Proposals for management of the Palm
Desert Aquatic Center. A competitive bidding process was conducted resulting with the
award of Contract No. C36620 to the Family YMCA of the Desert for a one-year term with
an option to renew every year until June 30, 2023. Amendment No. 3, which was awarded
on May 13, 2021, is set to expire on June 30, 2022.
The YMCA was awarded the original management agreement of the Aquatic Center
Facility when it opened in 2011. Since then, the YMCA has done an outstanding job
managing and operating the facility on behalf of the City. It has continued its dedication
of operating a safe facility, providing a community-oriented management philosophy, and
maintaining the facility in excellent condition, even during a pandemic. The City and
Page 359
Contract No. C36620
April 14, 2022 - Staff Report
Approve Amendment No. 4 to Family YMCA of the Desert
Page 2 of 2
YMCA staff have created a very positive working relationship and desire to continue this
partnership for another fiscal year.
Based on the forementioned factors, staff recommends that the City continue its
relationship with the YMCA as operator of the Aquatic Center and approve Amendment
No. 4, the final one-year contract extension. A competitive bidding process is planned for
the spring of 2023.
Fiscal Analysis
The costs associated with the renewal contract and the associated reimbursement costs
are included in the Public Works proposed budget for Fiscal Year 2022-23. The YMCA is
not requesting any increase in its management fee as approved in the original 2018/2019
contract. Therefore, the total management fee will remain at $165,000 annually and paid
over a 12-month period at $13,750 per month. However, the YMCA is requesting an
increase for staff labor costs. Staff estimates the associated reimbursement cost will
amount to a total of $1,444,400, which is an increase of 25% from the current fiscal year,
and has been accounted for in Fiscal Year 2022-23 as follows:
FY 2022-23 Account # Budget Total
Management Fee 2424549-4309300 $ 165,000
Contracted Labor 2424549-4802101 $1,276,250
Food / Merchandise 2424549-4801100 $ 35,150
Supplies 2424549-4219000 $ 15,000
Other Expenses 2424549-4309000 $ 118,000
$1,609,400
LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW ASSISTANT
CITY MANAGER
N/A
Robert W. Hargreaves
City Attorney
Andy Firestine
Andy Firestine
Director of Public Works
Veronica Chavez
Veronica Chavez
Director of Finance
Andy Firestine
Andy Firestine
Assistant City Manager
City Manager, L. Todd Hileman: L. Todd Hileman
VENDOR: YMCA of the Desert
43-930 San Pablo Ave.
Palm Desert, CA 92260
ATTACHMENTS: Amendment No. 4
Original Executed Agreement
Page 360
CONTRACT NO. C36620
AMENDMENT NO. 4 TO AGREEMENT
WHEREAS, the City of Palm Desert (“City”) and the Family YMCA of the Desert., a
California non-profit corporation (“Consultant”), entered into an agreement, dated July 1,
2018, to provide management and operation at the Palm Desert Aquatic Center
(“Agreement”), the parties wish to extend the Agreement effective July 1, 2022.
NOW, THEREFORE, the parties agree as follows:
A. Term is extended to add the following paragraph to the end of the existing section,
as amended.
“The term of this Agreement is extended, and shall include the time period from
July 1, 2022, through June 30, 2023.”
B. All other terms and conditions of the Agreement shall remain unchanged and shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the
24th day of March 2022.
CITY OF PALM DESERT Family YMCA of the Desert
A Municipal Corporation
_______________________________ ________________________________
JAN C. HARNIK PAULA SIMMONDS
Mayor C.E.O.
Attest: Approved as to Content:
_______________________________ ________________________________
Anthony J. Mejia L. TODD HILEMAN
City Clerk City Manager
Approved as to Form:
_______________________________
ROBERT W. HARGREAVES
City Attorney
Page 361
Page 362
Page 363
Page 364
Page 365
Page 366
Page 367
Page 368
Page 369
Page 370
Page 371
Page 372
Page 373
Page 374
Page 375
Page 376
Page 377
Page 378
Page 379
Page 380
Page 381
Page 382
Page 383
Page 384
Page 385
Page 386
Page 387
Page 388
Page 389
Page 390
Page 391
Page 392
Page 393
Page 394
Page 395
Page 396
Page 397
Page 398
Page 399
Page 400
Page 401
Page 402
Page 403
Page 404
Page 405
Page 406
Page 407
Page 408
Page 409
Page 410
Page 411
Page 412
Page 413
Page 414
Page 415
Page 416
Page 417
Page 418
Page 419
Page 420
Page 421
Page 422
Page 423
Page 424
Page 425
Page 426
Page 427
Page 428
Page 429
Page 430
Page 431
Page 432
Page 433
Page 434
Page 435
Page 436
Page 437
Page 438
Page 439
Page 440
Page 441
Page 442
Page 443
Page 444
Page 445
Page 446
Page 447
Page 448
Page 449
Page 450
Page 451
Page 452
Page 453
Page 454
Page 455
Page 456
Page 457
Page 458
Page 459
Page 460
Page 461
Page 462
Page 463
Page 464
Page 465
Page 466
Page 467
Page 468
W:\Staff Reports - Shared 2\Staff Reports 2022-0414\5 - Clerk's Office - 2022-0414\22 approve design of permanent Lupine Plaza\0
SR - CC Lupine Plaza Final Design.doc
STAFF REPORT
CITY OF PALM DESERT
DEVELOPMENT SERVICES DEPARTMENT
DATE: April 14, 2022
PREPARED BY: Deborah Glickman, Management Analyst
REQUEST: Request for approval of the design for a permanent Lupine Plaza.
Recommendation
By Minute Motion:
1. Approve the Final Preliminary Design for a permanent Lupine Plaza
(Plaza) and direct the Public Works Department to commence with the
preparation of construction drawings for the build-out of the Plaza.
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.”
• Tourism and Marketing – Priority 1: “Improve access to Palm Desert and its
attractions to enhance the ease of lifestyle.”
• 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
In September 2020, as a response to the State of California’s COVID-19 restrictions on
businesses operations, the City of Palm Desert installed a temporary plaza that closed
traffic in a section of Lupine Lane north of El Paseo. The plaza provided an outdoor rest
and eating area for visitors to El Paseo and a space for local restaurants to serve food.
The temporary improvements were removed in December 2021.
On June 10, 2021, the City Council directed staff to release a Request for Proposals
(RFP) to seek design firms to facilitate the creation of a permanent public plaza at the
same location. After approval from the City Council, staff prepared and released an
RFP on July 12, 2021, with bid proposals due on August 9, 2021. Three (3) proposals
Page 469
April 14, 2022– Staff Report
Lupine Plaza Design
Page 2 of 6
W:\Staff Reports - Shared 2\Staff Reports 2022-0414\5 - Clerk's Office - 2022-0414\22 approve design of permanent Lupine Plaza\0
SR - CC Lupine Plaza Final Design.doc
were received, and the City selected and contracted with MIG, Inc. for the project in
September 2021.
At the same meeting that the City Council approved the release of an RFP, it also
directed staff to establish an ad-hoc subcommittee to work with the selected firm for
design guidance and promotion of the project. The subcommittee is comprised of the
following:
• 2 City Councilmembers (Jan Harnik and Gina Nestande)
• 1 Planning Commissioner (Ron Gregory)
• 1 Architectural Review Commissioner (Michael McAuliffe)
• 1 Parks and Recreation Commissioner (Gregg Akkerman)
• 1 Art in Public Places Commissioner (Liz Hauer)
• 1 Board Member from the El Paseo Merchants Association (Patrick Klein)
• Property owners adjacent to Lupine Lane (Paul Goodman)
Discussion
Community Engagement
After meeting with staff and visiting the plaza, MIG conducted outreach to the
subcommittee, key stakeholders, and the community at large. The following
meetings/interactions were held.
• 3 Lupine Plaza Subcommittee meetings
• 1 Community Engagement at the temporary plaza
• 1 Community Engagement via Zoom
• 1 Key Stakeholder meeting with representatives from 8 surrounding businesses
• 1 Presentation to the Cultural Arts Committee
• 1 Presentation to the Parks and Recreation Commission
• Several meetings with key City staff members and representatives from Public
Safety
• Individual meetings with the owners of CODA Gallery, El Paseo Square, and the
Coble Building
• The project is highlighted on EngagePalmDesert.com
Key feedback received from the community includes an interest in a permanent plaza
that is closed to vehicular traffic to provide for rest and respite on El Paseo. A desire for
a public restroom facility at the site was also expressed.
Neighboring businesses and some community members also express a concern over
confusion from the change in traffic patterns for the road closure. The same group also
expressed a concern about the plaza becoming a location where people sleep overnight
and bathe in a water feature if one is included.
Page 470
April 14, 2022– Staff Report
Lupine Plaza Design
Page 3 of 6
W:\Staff Reports - Shared 2\Staff Reports 2022-0414\5 - Clerk's Office - 2022-0414\22 approve design of permanent Lupine Plaza\0
SR - CC Lupine Plaza Final Design.doc
The project was posted on EngagePalmDesert.com, and to date, five (5) responses the
have been received, two (2) in support of the project and three (3) expressing concern.
Additionally, staff received three (3) emails expressing concern (see attached).
Preferred Concept
The preferred concept was achieved with input and feedback from stakeholders and
surrounding property owners, City staff, City Councilmembers, business owners, and
the overall community. Existing conditions analysis, precedent imagery, and design
alternatives were all presented to stakeholders and community members and were
refined into the preferred concept.
The goals of the plaza based on what has been expressed by the City Council,
community, and subcommittee are for it to be a high-quality design utilizing high-quality
materials. The space should be playful and modern while striking a balance between
active and passive uses while not becoming a nuisance. The design is intended to
complement the surrounding area and consider that the intent of the plaza is to provide
an oasis for El Paseo for shoppers, visitors, and residents of Palm Desert.
Highlights of the proposed unique features for Lupine Plaza are:
• Themed gateway arch
• Overhead shade structure with misters
• Fixed seating such as benches and seat walls
• Movable café-style seating
• Decorative paving
• Native and drought-tolerant landscaping
• Stormwater bioswales
• Bicycle racks
• Trash receptacles
• Public art
The proposed preferred concept includes a full closure of the street to vehicular traffic,
creating an approximately 7,000 SF pedestrian plaza. The plaza will include an
approximately 22-24’ wide clear zone with no permanent fixed furnishings to allow for
emergency access and servicing. The western edge of the plaza will have landscape
planters surrounding a tree bosque with seating elements that start out whimsical
become more passive with movable cafe seating to the north. The combination of
permanent and movable elements allows Lupine Plaza to be a flexible space for daily
functions and special events.
City Council Study Session
Page 471
April 14, 2022– Staff Report
Lupine Plaza Design
Page 4 of 6
W:\Staff Reports - Shared 2\Staff Reports 2022-0414\5 - Clerk's Office - 2022-0414\22 approve design of permanent Lupine Plaza\0
SR - CC Lupine Plaza Final Design.doc
The preferred concept was presented to the City Council at a Study Session on March
10, 2022. The City Council’s feedback on the project was particularly informative for
refining the preferred concept and site plan. All the proposed major elements and
organization of the pedestrian plaza were well-received by the City Council, which
enabled MIG to focus its next steps on refining the details of the design.
The refined preferred concept includes more clearly defined gateway and water features
and updated locations for the planted landscape areas and drainage channels.
While there are concerns about people sleeping at the plaza, the City Council indicated
that there are ample city resources to reduce this potential. This direction allowed for
the seat walls along the western edge of the plaza to be redesigned to provide more
grouped and back-support seating options. Domed seating and adult-style swings were
moved away from primary circulation paths, and the focal shade trees and the size of
the on-street loading space were adjusted. Additionally, the refined site plan includes
an add-alternative to include a high-quality, easily maintained public restroom facility.
While improvements to the El Paseo/Lupine Lane intersection were desired, the
southern edge of the plaza was refined to allow the raised intersection improvements to
be completed as a separate project. If the City Council desires to increase the size of
the plaza, it could be expanded to include over 24,000 SF of improvement area,
including a redesign of the Lupine Lane/El Paseo intersection, removal of the left-turn
lane, and an extension of the landscaping and aesthetic paving up to Highway 111.
MIG continues to refine preferred plan proposal and will submit an updated version to
the City Council prior to its meeting.
Safety Measures
Staff vetted the design with the Riverside County Sheriff’s Department who found the
overall design effective and offered tips on how to deter people from sleeping on the
property, people bathing in the water feature, lighting, and graffiti. These tips have been
reviewed by MIG and incorporated into the preferred concept design.
Additionally, staff reached out to Melissa Morgan Fine Art (MMFA), which has an
outdoor sculpture garden on El Paseo and San Luis Rey to inquire if there have been
issues with people vandalizing the artwork or sleeping in the space. The representative
from MMFA said that they have had no such issues.
Page 472
April 14, 2022– Staff Report
Lupine Plaza Design
Page 5 of 6
W:\Staff Reports - Shared 2\Staff Reports 2022-0414\5 - Clerk's Office - 2022-0414\22 approve design of permanent Lupine Plaza\0
SR - CC Lupine Plaza Final Design.doc
Maintenance/Cleaning
Landscaped areas and other elements that will require maintenance are designed to
minimize the burden of watering or repair in the future.
Staff has investigated the cost of regular cleaning for a permanent plaza. The current
estimate for trash removal and table cleaning daily and pressure washing once a week
is approximately $40,000 annually.
Budget
MIG’s preferred concept includes designs for the designated plaza itself and additional
add-ons as stated above. The proposed costs of the project are as follows:
Pedestrian Plaza $2,000,000 - $2,500,000
Plaza to Lupine Alley/Highway 111 $300,000 - $350,000
Raised Intersection (including expanded median) $575,000 - $650,000
Subtotal $3,000,000 - $3,500,000
Contingency $735,000 - $800,000
A&E Fees $450,000 - $600,000
Total $4,200,000 to $5,000,000
MIG’s project proposal includes potential grants for the plaza. Exact costs to the City for
the will be dependent on grant opportunities.
Fiscal Analysis
No funding source has been identified for the Lupine Plaza project at this time. If
approved, staff will return to the City Council at a subsequent meeting to identify
potential funding sources.
LEGAL REVIEW DEPT. REVIEW
DEPT. REVIEW
FINANCIAL
REVIEW
ASSISTANT CITY
MANAGER
N/A
Robert W.
Hargreaves
City Attorney
Eric Ceja
Eric Ceja, Deputy
Director of
Development
Services/Economic
Development
Martin Alvarez
Martin Alvarez
Director of
Development
Services
Veronica Chavez
Veronica Tapia
Director of Finance
Andy Firestine
Andy Firestine
Assistant City
Manager
City Manager L. Todd Hileman: L. Todd Hileman
Page 473
April 14, 2022– Staff Report
Lupine Plaza Design
Page 6 of 6
W:\Staff Reports - Shared 2\Staff Reports 2022-0414\5 - Clerk's Office - 2022-0414\22 approve design of permanent Lupine Plaza\0
SR - CC Lupine Plaza Final Design.doc
ATTACHMENTS: Preferred Concept Proposal
Community Emails
Page 474
LUPINE PLAZA
CONCEPT DESIGN STUDY
In association with: KOA | Robin Brailsford Art
Draft Report | March 31, 2022
Prepared by:
DRAFT
Page 475
II l Lupine Plaza Concept Design Study
ACKNOWLEDGMENTS
PALM DESERT CITY COUNCIL
Jan Harnik, Mayor
Gina Nestande, Mayor Pro Tem
Sabby Jonathan, Council Member
Kathleen Kelly, Council Member
Karina Quintanilla, Council Member
SUBCOMMITTEE
Jan Harnik, Mayor
Gina Nestande, Mayor Pro Tem
Gregg Akkerman, Parks and Recreation Commission
Liz Hauer, Cultural Arts Committee
Ron Gregory, Planning Commission
Paul Goodman, El Paseo Square
Patrick Klein, The Gardens on El Paseo
Michael McAuliffe, AIA, Architectural Review Commission
CITY STAFF
Deborah Glickman, Project Manager
Eric Ceja, Deputy Director of Development
Services and Economic Development
Randy Bowman, Deputy Director of Public Works
Randy Chavez, Landscape Supervisor
Rosie Lua, Planning Manager
Vanessa Mager, Management Analyst
Chief Pete Tierney, Cal Fire
Lt. Chris Willison, Riverside County Sheriff’s
Department
MIG
Richard Barrett, Principal
Ryan Kucinski, Project Manager
Steven Davidovas, Designer
Fernanda Suarez, Designer
CJ Davis, Designer
KOA
Charlie Schwinger, Senior Engineer
Ali Shazad, Senior Engineer
ROBIN BRAILSFORD ART
Robin Brailsford
DRAFT
Page 476
Lupine Plaza Concept Design Study l 1
TABLE OF CONTENTS
1. EXECUTIVE SUMMARY
2. BACKGROUND
3. ENGAGEMENT
Advisory Committee
Community
Stakeholders
City
4. PREFERRED CONCEPT
Plaza Design
Amenities / Furnishings
Public Art
Landscape
Traffic
Infrastructure and Utilities
5. IMPLEMENTATION
Cost Estimates
Funding
Timeline / Phasing
CEQA and Operations
Other Recommendations
2
4
8
12
26
DRAFT
Page 477
2 l Lupine Plaza Concept Design Study
1. EXECUTIVE SUMMARY
In September 2020, as a response to the State of
California’s COVID-19 restrictions on businesses
operations, the City of Palm Desert installed a
temporary plaza that closed traffic in a section of
Lupine Lane north of El Paseo. The plaza provided
an outdoor rest and eating area for visitors to El
Paseo and a space for local restaurants to serve
food.
On June 10, 2021, the City Council directed
staff to release a Request for Proposals (RFP) to
seek design firms to facilitate the creation of a
permanent public plaza at the same location.
The temporary improvements were removed in
December 2021.
Background
• Engagement led approach to design.
• Defining “permanent closure”
• Identified vision, goals, character, precedents,
design quality, and other qualitative
characteristics desired for the future plaza.
• Identified specific program elements and
design style.
• Developed multiple design alternatives,
which included a different approach to vehicle
access.
Project Approach (Topics below to be expanded)
• Selection of preferred concept design based
on input from community, subcommittee,
and technical recommendations (City Public
Works, Safety, Fire, as well as Engineering
consultants)
• Refinement of preferred concept design and
development of implementation strategies.DRAFT
Page 478
Lupine Plaza Concept Design Study l 3
EXECUTIVE SUMMARY (ctd.)
MIG conducted multiple forms of public and
stakeholder engagement throughout the duration
of the project. These sessions were used to
directly inform the vision, concept design,
implementation strategies, and final preferred
concept. Specific forms of engagement included:
• 3 Lupine Plaza Subcommittee meetings
• 1 Community Engagement at the temporary
plaza
• 1 Community Engagement via Zoom
• 1 Key Stakeholder meeting with
representatives from 8 surrounding businesses
• 1 Presentation to the Cultural Arts Committee
• 1 Presentation to the Parks and Recreation
Commission
• Several meetings with key City staff members
and representatives from Public Safety
• Individual meetings with the owners of CODA
Gallery, El Paseo Square, and the Coble
Building
• The project is highlighted on
EngagePalmDesert.com
Engagement
The preferred design concept for Lupine Plaza
includes an approximately 7,000 SF pedestrian
plaza, and could include over 24,000 SF of
improvement area, which would also include
redesign of the Lupine Lane/El Paseo intersection,
left-turn lane, and Lupine Lane from the proposed
plaza to the alley . The focual element of the
Plaza will be a grouping of shade trees to create a
cool, restful area. This plaza will provide an oasis
adjacent to El Paseo for shoppers, visitors, and
residents of Palm Desert to gather and relax.
An approximately 22-24’ wide clear zone with
no permanent fixed furnishings allows for
emergency access and servicing; bollards on
either end of the plaza can be retracted for fire
truck, police, or ambulance access. The western
edge of the plaza includes beautifully landscaped
planters surrounding a tree bosque with playful
seating elements and becomes more passive
with movable cafe seating further north. The
combination of permanent and fixed elements as
well as flexibility allow Lupine Plaza to become the
heart of El Paseo and support different uses daily
and host special events throughout the year.
Proposed Design
Some of the proposed unique features for Lupine
Plaza are:
• Themed gateway arch
• Overhead shade structure with misters
• Fixed seating such as benches and seat walls
• Movable café-style seating
• Decorative paving
• Native and drought-tolerant landscaping
• Stormwater bioswales
• Bicycle racks
• Trash receptacles
• Public art
• Public restroom (optional)
DRAFT
Page 479
4 l Lupine Plaza Concept Design Study
2. BACKGROUND
Temporary Plaza
In September 2020, as a response to the State of
California’s COVID-19 restrictions on businesses
operations, the City of Palm Desert installed a
temporary plaza that closed traffic in a section of
Lupine Lane north of El Paseo. The plaza provided
an outdoor rest and eating area for visitors to
El Paseo and a space for local restaurants to
serve food. The temporary improvements were
removed in December 2021.
Feedback on Temporary Plaza:
• Served its purpose during COVID to support
surrounding businesses with outdoor dining,
but had become underutilized
• The materials do not reflect the quality
of materials along El Paseo - many of the
elements deteriorated due to weather
conditions
• The temporary plaza did not provide flexibility
for different uses
• Elements of the temporary plaza were not fully
coordinated with ongoing maintenance needs
to keep the plaza clean
DRAFT
Page 480
Lupine Plaza Concept Design Study l 5
Previous Studies
Precedents
El Paseo Master Plan, 2018, Gibbs Planning Group
Paley Park, New York City, NY
Brochstein Pavilion, Rice University, Houston, TX
MIG started the existing conditions research
and analysis with adopted plans and guidelines
for the City of Palm Desert. Traffic studies were
used during initial visioning and development
of concept alternatives in trying to define
“permanent closure” and if there would be any
impacts from closing part of Lupine Lane to
vehicles.
These plans provided guidance for both detailed
design of the preferred concept - strategies for
drainage, plant palette, materials, integration with
El Paseo improvements, and other elements - as
well as implementation considerations such as
funding sources and schedule.
Studies include:
• El Paseo Master Plan, 2018
• Palm Desert 5-Year Capital Improvement Plan,
2020-21
• Palm Desert Art & Architecture City Guide
Map
• Master Drainage Plan for City of Palm Desert,
2003
• Engineering and Traffic Survey City of Palm
Desert, 2020
• County of Riverside Transportation
Department Traffic Counts, 2020
MIG used precedent plaza examples in
multiple ways during the project. During initial
conversations including the project kick-off
and first subcommittee meeting, a variety of
precedents were shared to spark comments on
what elements, character, and quality of design
were desired or not.
During later engagement events, including the
community workshop/meetings, subcommittee
meetings and City Council Study Session,
precedents were updated based on prior
feedback and used to confirm the intended vision,
character, and design of individual elements.
Paley Park in New York City and Brochstein
Pavilion at Rice University, were consistently
referrened as top precedents based upon their
simple, elegant designs that promoted a urban
respite, quality of shade, comparable size, and
balance of landscape/hardscape and flexibility to
permanence.
Top precedents include:
• Paley Park, New York City, NY
• Brochstein Pavilion, Rice University, Houston,
TX
• Sunnylands Annenberg Estate, Rancho
Mirage, CA
• Palm Desert Aquatic Center, Palm Desert, CA
• Superkilen Park, Copenhagen Denmark
DRAFT
Page 481
6 l Lupine Plaza Concept Design Study
B
B BB
B
LUPINE PLAZA
EXISTING CONDITIONS ANALYSIS
Lupine LaneSage LaneLas Palmas AveMonterey AveSan Pablo AvePortola AvePortola AveLarkspur LaneLantana AveCabrillo AveSan Pablo AveSan Pablo Ave
Flexible Street
The Gardens on
El Paseo
El Paseo
Square
El Paseo
Village
Community Gardens
Palma Village Park
Shadow Mountain
Resort & Club
Washington Charter
School Park
Hwy 111
El PaseoEl Paseo
El Paseo
The Shops at
Palm Desert
Pines to Palms HwyOcotillo DrVerba Santa DrShadow Mountain DrJoshua Tree St
Juniper St
Shadow Mountain Dr
Candlewood St
Chicory St
Shadow Lake Dr
Larrea St Larrea St
Tu
m
ble
w
e
e
d L
n
San Luis Rey AveAlessandro Dr Alessandro Dr
San Gorgonio Way San Marino Way
El Cortez WayRoyal Palm Dr
San Mateo AvePalm Desert Dr NPalm Desert Dr N
D e A n za W a y
San Carlos AveSan Rafael AveSan Pascual AveSan Juan AveSan Jose AveSan Jacinto AveN 5-mi
nute walk shed0 890 1,780 2,670 3,560445Feet
El Paseo Art Corridor
Connections to
Neighborhoods
Bus Route
Bus Stops
Plazas/Flexible Street
Connections from
Parking to El Paseo
B
LEGENDProject Area
Landmarks 10-minute walk shedContext Analysis text
MIG completed an analysis of existing physical
conditions by examining the neighborhood
context.
The location of the proposed Lupine Plaza is
located at about the midway point of El Paseo. El
Paseo is the primary retail and restaurant corridor
within the City of Palm Desert, which include
many destinations for local residents and regional
visitors. Along El Paseo there are multiple types of
paseos and other publicly-accessible open space
that contributes to a walkable environment.
The closest public parks are about a half-mile
distance from proposed Lupine Plaza location.
The San Pablo improvements are located
about 1/4 mile away, but the San Pablo space
is intended to be used in different ways. HWY
111 creates a significant barrier for pedestrians
walking from proposed Lupine Plaza to those
public spaces.
DRAFT
Page 482
Lupine Plaza Concept Design Study l 7Sun PathRCIT, Pictometry
LUPINE PLAZA
EXISTING CONDITIONS ANALYSIS
CODA Gallery
Saks OFF 5TH The Club Fix
Luna Grill
The Habit
Luxury Boutique Hotel
(coming soon)
Fresh Agave
Oce Building
Coble Building
0 80 160 240 32040FeetNLEGENDProject Area
Utilities
Building Servicing On-Street Parking
Building Entry/Exits Key Views
Winds
Stormwater Flow
Site Analysis Design Considerations
Through looking at the existing conditions both
on Lupine Lane and the context on El Paseo,
there are many different considerations that led
to the preferred concept. It is important that this
concept is a high-quality design that fits in with
the surrounding context. Landscaped areas and
other elements that should require maintenance
are thoughtfully designed to minimize the burden
of watering or repair in the future. Keeping the
plaza clean and safe for families strolling in from El
Paseo is also a key consideration.
DRAFT
Page 483
8 l Lupine Plaza Concept Design Study
MIG conducted multiple forms of public and
stakeholder engagement throughout the duration
of the project. These sessions were used to
directly inform the vision, concept design,
implementation strategies, and final preferred
concept.
The preferred concept was achieved with input
and feedback from stakeholders and surrounding
property owners, City staff and council members,
business owners, and the overall community.
Existing conditions analysis, precedent imagery,
and design alternatives were all presented to
stakeholders and community members; these
were then refined into what is now the preferred
concept.
3. ENGAGEMENT
Community
MIG completed two community events during this
study: an in-person event on December 3, 2021
and a virtual meeting via zoom on February 15,
2022. The December 3 event was coordinated
with a cruise night, local DJ, and El Paseo tree
lighting ceremony; over 100 people participated
in conversations and voting on what designs they
would like to see. The February 15 meeting pre-
sented concept alternatives to recieve feedback
to inform a preferred option.
Key feedback received from the community is
reflected in the following views.
• Interest and excitement for a permanent
space along El Paseo to provide rest and
respite.
• Interest in closing the street to through traffic.
• Interest in a new space for smaller-sized
events and gatherings.
• Desire for a public restroom facility at the site.
• Concern over closing the street to through
traffic due to a loss of parking and confusion
due to a new traffic pattern.
DRAFT
Page 484
Lupine Plaza Concept Design Study l 9
NOVEMBERENGAGEMENTDESIGN DECEMBER FEBRUARYJANUARY MARCH PHASE 2
Kick-off
Meeting + Tour
Stakeholders
Subcommittee
Meeting #1
APRIL
Community
Workshop
Subcommittee
Meeting #2
Community
Meeting
Subcommittee
Meeting #3
Cultural Arts
Committee
City Council
Study Session
City
Council
Public
Works/Safety
Existing
Conditions
Vision, Goals,
Objectives
Concept
Options
Preferred
Concept
Implementation and
Engineering
Draft
Plan
Approved
Plan
Subcommittee Stakeholders + City City Council
MIG conducted three meetings with the Lupine
Plaza subcommitte during the project. Content for
each of the meetings:
• Meeting 1: vision, goals, identifying design
elements, design approach
• Meeting 2: presentation of concept
alternatives, discussion of approach and
elements to turn into one prefered concept
• Meeting 3: presentation of preferred concept,
discussion of design details for refinement
MIG met with surrounding property owners and
businesses as part of a foucs group, as well as
with different City departments and staff including
public works, public safety, and planning. City
meetings were used to identify significant issues
in designs. Key stakeholder concers include:
• Concern over maintenance of the site, people
sleeping in the plaza, and potential noise for
the residents and businesses in the area.
• A concern from CODA Galley about losing a
location for delivery trucks to park.
MIG met with the Palm Desert City Council in a
study session on March 10, 2022. MIG presented
an overview of all elements of the project as well
as the preferred concept design. MIG received
feedback on the proposed design and updates
were made during the following month.
MIG will be presenting the final plan to City
Council on April 14.
Engagement and Design ProcessDRAFT
Page 485
10 l Lupine Plaza Concept Design Study
BIOSWALE /
LANDSCAPE
FLEXIBLE
PICK-UP /
DROP-OFF
AMPHITHEATRE /
ADAPTIVE
EVENT SPACE
SOLAR
PANELS
(ARTISTIC)
PLAY
AREA
PUBLIC
ART
WATER
FEATURE
CAFE /
RESTAURANT
SEATING
SHADE
TREES
50
40
30
20
10
0
What Element Would You Like to See?
One of the boards at the December 3rd workshop
asked the community what elements they would
like to see in a future plaza; they placed sticky-
note dots on elements they wanted to see with
the following results:
There was a clear preference that a new plaza
should include shade trees and seating options
that allow for a variety of activities like group
seating and outdoor eating. A little less, but still
with a high preference, were elements of public
art and a water feature.
The remaining elements - play area, solar panels,
landscaping, pick-up/drop-off, and event space
- had lower levels of preference and could be
incorporated as complementary elements into a
plaza design.
DRAFT
Page 486
Lupine Plaza Concept Design Study l 11
PLAYFUL
MODERN
FLEXIBLE
LANDSCAPE
ACTIVE
FORMAL
CLASSIC
PERMANENT
HARDSCAPE
PASSIVE
What Style of Design to You Prefer?
A second board at the December 3rd workshop
asked the community what style of design they
would like to see in a new plaza on a scale from 1
to 10; they placed sticky-note dots along the scale
based on the topics.
The following preferences were idenfiied:
• A combination of playful elements and formal
design
• A balance between modern and traditional/
classic design style
• Clear preferenance that elements in the plaza
should be more permanent
• Both landscape and hardscape elements
• Both active and passive elements
Modern Traditional
Playful Formal
Flexible Permanent
Landscape Hardscape
Active Passive
DRAFT
Page 487
12 l Lupine Plaza Concept Design Study
4. PREFERRED CONCEPT
Design Summary text
The goals of the plaza based on what was heard
from community engagement was for it to be
playful and modern while striking a balance
between active use and passive use through
flexibility.
The preferred design concept for Lupine Plaza
includes an approximately 7,000 SF pedestrian
plaza, and could include over 24,000 SF of
improvement area, which would also include
redesign of the Lupine Lane/El Paseo intersection,
left-turn lane, and Lupine Lane from the proposed
plaza to the alley . This plaza will provide an oasis
adjacent to El Paseo for shoppers, visitors, and
residents of Palm Desert to gather and relax.
The western edge of the plaza includes beautifully
landscaped planters surrounding a tree bosque
with playful seating elements and becomes more
passive with movable cafe seating further north.
An approximately 22-24’ wide clear zone with no
permanent fixed furnishings allows for emergency
access and servicing; bollards on either end of
the plaza can be retracted for fire truck, police, or
ambulance access.
The combination of permanent and fixed
elements as well as flexibility allow Lupine Plaza
to become the heart of El Paseo and support
different uses daily and host special events
throughout the year.
DRAFT
Page 488
Lupine Plaza Concept Design Study l 13
Preferred Concept Site Plan
Bollards
Shade Trees
Seat Wall / Permanent Seating
Movable Seating
Shade Structure
Loading Area
1
2
Permeable/Enhanced Paving
Swings
Fun Seating
Rain Garden / Bioswale
Raised Intersection (optional)
Closed left-turn lane
3
4
5
6
7
8
9
10
11
12
1
23
4
5 67
8
9
10
11
12
7
7
10DRAFT
Page 489
14 l Lupine Plaza Concept Design Study
Rendering from El Paseo looking North
This sketch shows what Lupine Plaza would look
like as approached by a pedestrian walking along
El Paseo. The plaza is defined by a concentration
of shade trees on the western side of the plaza
with seating underneath, and flexible space in the
center covered by a shade structure.
A main element of the plaza, a gateway arch is
proposed at the southern entrace to provide a
threshold to the plaza. It is intended to draw from
mid-century modern influences, be integrated to
adjacent water featurs, and include the potential
for attaching projection screen for outdoor movie
showings.
Bollards protect the plaza from vehicles, but can
be removed to allow vehicles for emergency,
servicing, and event support.
DRAFT
Page 490
Lupine Plaza Concept Design Study l 15
Rendering from Lupine Plaza looking West
Additional rendering under development - perspective
will come from person standing inside the plazaDRAFT
Page 491
16 l Lupine Plaza Concept Design Study
Amenities/Furnishings Design Recommendations
LightingShade StructurePaving
• All lighting shall be LED and connected within
one control system to allow for any and all
light elements to be programmed for events
• Lighting shall be pedestrian scaled and
orientation and screens should promote dark
night skies
• Lighting should be incorporated throughout
elements of the plaza, which can include the
following elements:
• Landscape/Art uplighting
• String lighting
• Shade structure
• Benches
• Pavement pattern
• Bollads
• Shade structure should incorporate misters
• Shade structre is proposed as either with
canvas or sturdy material (e.g., metal) that
will not fade and deteriorate due to weather
elements (i.e., sun, wind, rain)
• Shade structure should be dynamic -
the canvas or other materials should be
retractable or adjustable to create different
levels of shade during different times of the
year
• At least 14’ height and 24’ width clearance for
emergency access
• Recommend partially permeable or block
pavers materials
• Flat surface from pedestrian plaza, raised
intersection and paving improvement to
Lupine Alley
• Integrate paving pattern of the pedestrian
plaza with raised intersection at El Paseo/
Lupine Lane, as well as from the pedestrian
plaza to Lupine Alley (retaining vehicle access)
- pictured above
• Integrate public art mosaic(s) into paving
pattern within pedestrian plaza
DRAFT
Page 492
Lupine Plaza Concept Design Study l 17
Amenities/Furnishings Design Recommendations
GatewayPermanent Seating Fun Elements
• Gateway arch on the south side of the plaza
opening to El Paseo
• Should be a mid-century modern design
drawing from surrounding architecture
• Should try to be integrated with adjacent
water feature
• At least 14’ height and 24’ width clearance for
emergency access
• Permanent seating should be integrated with
landscape areas and shade trees
• Can use concrete underneath large shade
trees
• Should be arranged to create group seating
• Proposed 4-6 adult style swings that would
be attached to and/or integrated within
the shade structure along the edges of the
emergency clearance lane
Water Feature
• Water feature must look as good turned off as
it does turned on
• Standing water should be minimized to
discourage interaction - primary for visual,
sound and cooling effects
Movable Seating
• Shall have a vibrant, unique color (see pro-
posed color palette) to indicate furniture
belongs to Lupine Plaza, LA Grand Park
precedent
Restroom (Optional)
• Portland Loo - Approximately 6’x11’
• The coating on the steel wall panels makes it
simple to clean with a hose
• Discourages crime with graffiti-proof wall pan-
els and open grating that allows you to see if
and how many people are inside.
DRAFT
Page 493
18 l Lupine Plaza Concept Design Study
Amenities/Furnishings Design Recommendations
Bollards Bicycle FacilitiesReceptacles
• Recommend removable bollards that fold
down horizontally or are physically removed
• When folded, bollards should sit on top of the
paving surface; there should not be indents in
the surface for bollards to be flush
• Removable bollards should not retract
vertically into the ground; these become too
difficult to clean-out
• Short-term bicycle parking (e.g., U-racks) -
these will want to be coordinated with bicycle
racks city-wide, unless unique bicycle racks as
a public art element want to be completed at
specific locations
• Bicycle repair station
• Individual receptacles for trash, recycle, and
compost
Outlets
• Should provide outlets at multiple places
throughout plaza for general public charging
of phones and similar devices
• Dedicated outlets for small events that require
speakers, microphones, projectors, etc.
Signage
• Public art/sustinability interpretive signage
• You are here/El Paseo destination signage
• Temporary traffic signage during construction
phase
DRAFT
Page 494
Lupine Plaza Concept Design Study l 19
Program Matrix
TOTAL
AREA
Shade Trees
(covered area)
Benches /
Seat Wall
Movable
Seating Fun Seating
Landscape
Areas /
Bioswale
Shade
Structure
Water
Feature
Loading
Area
~7,000 SF
10 Trees
(~940 SF
covered area)
10-12 Benches
(20 - 30 seats)
12 - 16 Tables
14 domes /
4 Swings
~500 SF
~600 SF ~1,800 SF ~200 SF
Dedicated
loading space
on-street
Preferred Concept Site Section E-W
DRAFT
Page 495
20 l Lupine Plaza Concept Design Study
Public Art Unifying Strategy
2. PAVEMENT
PATTERN /
MOSAICS
1. SHADE
STRUCTURE
MEDIAN
GATEWAY
SCULPTURE
4. PLAZA GATEWAY
ARCH + WATER
5. SEATING/
BENCHES
3. LIGHTING
EL PASEO
GATEWAY
EL PASEO
PAVING
PUBLIC ART VISION / UNIFYING THEME
Through discussions with the City, Cultural Arts
Committee and project team one of the goals
of public art was to be integrated throughout
the plaza, rather than a collection of individual
elements. The diagram below represents how five
primary elments of the plaza will all respond to
single unifying theme for public art. The diagram
also shows how these elements should have a
relationship to existing, and future elements along
El Paso.
There was consensus that the overall strategy for
public art at Lupine Plaza should draw from the
surrounding environment and indigenous peoples
who lived there: the Santa Rosa and San Jacinto
Mountain National Monuments, and the Serrano
and Cahuilla peoples, respectively.
DRAFT
Page 496
Lupine Plaza Concept Design Study l 21
1. Inspiration
Within the overall theme for public art, inspiration
for individual elements draws from many sources:
• Colors and patterns in flora and fauna (below
top)
• Colors and patterns from Serrano and Cahuilla
cultures (below bottom)
• Location of ancient trade routes
2. Sketch
Robin Brailsford will provide sketches for the
public art treatment for individual plaza elments
for the scope of this Concept Design Study. These
will provide the basis for developing the final
designs for individual elements and public art
pieces during Schematic and Final Design project
phases.
3. Construct
Not part of the scope of this project, the images
below show how mosaic patterns (taken from
sketches) are constructed on bench and paving
elements. In addition to aesthetics other goals of
public art include:
• Latent education opportunities
• Interactive elements
DRAFT
Page 497
22 l Lupine Plaza Concept Design Study
Landscape + Color Palette text
DRAFT
Page 498
Lupine Plaza Concept Design Study l 23
Traffic Design Considerations
Circulation/Access
The area bounded by Highway 74, Highway 111,
San Pablo Avenue, and El Paseo has a driveway
and street network well suited to providing access
to the numerous parking lots and commercial
interest in the area, but not well structured to
carry significant volumes of through traffic, since
most of the access points onto Highway 111 allow
right turns only. Because the entire area is well-
grided with streets and driveways, closure, or
intermittent closure of Lupine Lane will not have
a significant effect on the redistribution of traffic
from Lupine Lane into or out of the area since
the grid provides numerous alternatives for traffic
access.
VMT
This study provided a traffic assessment only
based on professional traffic engineering opinion
and is not based on a numerical analysis. Should
a more rigorous traffic impact determination be
desired for any of the alternatives, that would
require collection of traffic data, establishing
traffic behavior assumptions, and conducting
parking and capacity analysis. The analysis would
not be expected show any significant difference
between existing and projected conditions.
A Quantitative Analysis with a traffic impact study
of this magnitude could be expected to cost
between $30,000 and $40,000.
Parking
Closure of the street will have only minor
immediate effects, if any at all, on parking.
Creating Lupine Plaza will displace only 8 parking
spaces which can be absorbed into the total
number of spaces available in the area in public
and private parking. No handicap spaces are
being displaced. As the Lupine Plaza becomes
more well known as a pedestrian gathering place
and a place for special events, it is possible that
additional parking demand may be generated
in the area. This additional demand would need
to be satisfied initially in underutilized lots in the
area.
The full extent of any increase in parking demand
should be set in the context of an El Paseo
District-wide parking plan. Such a plan could be
expected to include utilization of the private and
public parking demand and spaces available,
policies for managing parking, and strategies
for turning challenges into opportunities, such
as shared parking, and promoting El Paseo as a
“park-once” district.
DRAFT
Page 499
24 l Lupine Plaza Concept Design Study
Utilities / Infrastructure Conflict Analysis
General Considerations Water Sewer
The water distribution and service infrastructure
include the water main beneath the street, valves
boxes which are visible from the surface (the
covers are set to the surface grade), water service
lines, water meters (also set to sidewalk surface
grade), backflow prevention valves (set above the
sidewalk), and hydrants, which are strategically
spaced and located. Implementation of the
Lupine Plaza construction will require adjustment
of the valve covers in the street up to the new
plaza elevation, and some water meter boxes
may need to be adjusted if there are any changes
in the sidewalk elevations. This is a relatively
inexpensive procedure during construction.
Water mains, and service lines should remain in
place and be protected from placing any of the
Lupine Plaza plantings or furniture atop them.
Backflow prevention valves should be cage
enclosed to prevent tampering and theft, and the
site layout should be developed so that backflow
prevention valves do not become trip hazards.
Clear distance should be left surrounding each
hydrant as required by the fire department.
Most of the utility infrastructure lies beneath the
surface of the street and sidewalk. Appurtenanc-
es that can be see through observation include
service meters, manhole covers, valve covers,
electrical cabinets, hydrants, curb inlets, lighting,
and power poles. Closure of Lupine Lane, ele-
vation of the street area to sidewalk level, and
establishment of plantings and street furniture
must consider both the seen and unseen utility
facilities. The preferred strategy for reducing
impacts to utilities is to design Lupine Plaza to
avoid relocation of both underground and above
ground utility features. Actual locations of buried
utilities should be confirmed with the utility owner,
and then further confirmed through potholing.
Sanitary sewer lines and service lines are typically
deeper than would normally be encountered in
surface work. Manholes and any sewer cleanouts
located in the street will need to have the sewer
collar tops adjusted up to the new Lupine Plaza
surface elevation. This is a relatively inexpensive
procedure during construction. DRAFT
Page 500
Lupine Plaza Concept Design Study l 25
Utilities / Infrastructure Conflict Analysis
Drainage Electric/Communications Gas
It is desirable to keep drainage patterns the same
as existing. Currently, Lupine Lane drains into the
existing curb and gutters along each side of the
street. Furthermore, roof drains pass beneath the
sidewalk through the curbs and empty into the
gutters, as pictured above.
In elevating all Lupine Plaza up to sidewalk level,
roof drains will still need to be accommodated at
the gutter level. One method for accommodating
drainage at the existing gutter elevation while
providing a sidewalk-level surface is with the use
of trench drains, pictured above right.
Another option to consider for drainage is to
make parts of the new plaza area permeable,
so that any rainfall or roof drainage soaks into
the ground. The determination of whether that
strategy is feasible would require geotechnical
testing of the permeability of the soil beneath
the existing pavement, and ensure that it does
not affect the base and subbase of the roadway
structural section. A third option is to collect
storm water runoff and direct it into designed bio
retention structures for natural filtration into the
groundwater or store it for irrigation.
The existing electrical facilities in the corridor
include underground conduit, below ground vault,
and above ground cabinet. The electrical facilities
should be protected during the Lupine Plaza
construction and left undisturbed.
The development of Lupine Plaza anticipates a
need for LED lighting, electrical outlets, gateway
and water feature lighting, amenity lighting,
and plant lighting as a permanent and ongoing
increased demand for power in the corridor.
Additional power would be required for special
events, which often include additional lighting and
sound systems. The determination of the amount
of additional power needed, and the source of the
power, will need to be addressed in the design
of the Lupine Plaza in coordination with Southern
California Edison (SCE).
Communications infrastructure includes
underground conduit and above ground
cabinets. The conduit should be protected
during construction and remain undisturbed. The
cabinets also should be protected in place and
must remain securely locked. It is not anticipated
that the communications infrastructure will be
disturbed during construction.
Gas service infrastructure consists of the gas main,
service lines, gas valve boxes (set to the pavement
surface elevation), and gas meters, which are
set above ground and typically attached to a
building. The street pavement can be raised to
sidewalk level without affecting the gas main and
service lines. Valve boxes will be adjusted to the
new surface level. Meters will remain located as
currently.DRAFT
Page 501
26 l Lupine Plaza Concept Design Study
5. IMPLEMENTATION
Implementation Approach
This project compelted Concept Design for a
permanent pedestrian plaza at Lupine Lane and
El Paseo. This phase successfully established
consensus among the community, City, and
decision-makers for a definition for closing a
portion of Lupine Lane to vehicles and creating a
preferred conceptual design.
Concept Design
Preferred Concept
Infrastructure Conflict Analysis
Preliminary Cost Estimates
CEQA Exemption
Schematic Design
50% CD
Detailed cost estimates
Infrastructure Design
Final Design and Approvals
100% CD
Approval
Construction Bidding/Negotiations
Construction
Grant Funding
For construction costs
PHASE I PHASE II PHASE III
The implementation sections provides an
overview of elements within Phase II of the project
that covers the following:
• Cost Estimates
• Funding Opportunities
• Timeline / Phasing
• CEQA
• On-going operations and maintenance
• Other future considerationsDRAFT
Page 502
Lupine Plaza Concept Design Study l 27
Cost Estimates Preferred Concept Design
Hard Costs
Pedestrian Plaza
Plaza to Lupine Alley/HWY 111
Raised Intersection
(including expanded median)
Subtotal
Contingency
A&E Fees
Total
Plaza Only Range:
$3 to $3.9 million$2.0 to $2.5 million
$300k to $350k
$575k to $650k
$3.0 to $3.5 million
$725k to $800k
$450k to $600k
$4.2 to $5 million
Total Range:
$4.2 to $5 million
This stage of conceptual study provides a
combination of high-level and order of magnitude
cost estimates.
While the scope of the preferred concept to
include a raised intersection and improvements to
Lupine Alley was well received by decion-maker
groups (Subcommittee and City Council), the
project has been grouped into three distinct parts
that can be developed at different times:
1. Permanent pedestrian plaza
2. Raised intersection along El Paseo (would be
completed with El Paseo improvements)
3. Paving and landscape improvements from the
pedestrian plaza to Lupine Alley and HWY
111, respectively (keeps vehicle access).DRAFT
Page 503
28 l Lupine Plaza Concept Design Study
Funding Grant and On-going Funding Opportunities
Grant (Agency)$ Available / $ Capture Timing Use For Application Considerations
Urban Greening Program
(State of California Natural
Resources Agency)
$47.5 million (2022) Accept proposals:
2/7/2022 - 3/28/2022
Construction Costs
Active Transportation Program -
Cycle 6
(Caltrans)
$100 million (annual) Project Application Deadline:
6/15/2022
Construction Costs Palm Desert already submitting application for anoth-
er project, can explore any overlap
Active Transportation Program -
Cycle 7
(Caltrans)
$100 million (annual) Application Deadline:
~June 2023
Construction Costs Lupine Plaza may not score well on socio-economic
criteria
Sustainable Communities Grant
(Caltrans)
$29.5 million (2021) Application Deadline:
~October
Design / Construction
Costs
Local Highway Safety
Improvement Program - HISP
(Caltrans)
September Not applicable
Grants
Source $ Available / $ Capture Timing Use For Application Considerations
LEAP / REAP $150,000 Facilitate accelerated
housing development
Likely not applicable
Community Development Block
Grant Program (CDBG)
Allocations
Pedestrian Plaza
The first chart below identifies competitive grant
opportunities that could be used to fund design
and construction costs for Lupine Plaza. It will
provide recommendations on completing the
grants for the highest chance of award.
The second chart will identify regular allocations
and non-competitive grants awarded by
community population or other metrics.
In addition to grant funds, other opportunities for
funding the project could include:
• Public-private partnerships
• Branding/Sponsor
• BID contributions (maintenance)
DRAFT
Page 504
Lupine Plaza Concept Design Study l 29
Timeline/Phasing text
Schematic Design
50% CD
Detailed cost estimates
4-6 Months
4-6 Months
3 Months
~8 Months
Final Design
100% CD
Construction Prep
Project Approval
Construction Bidding
Contractor Negotiations
Construction
Demolition
Site Prep/Grading
Infrastructure Upgrades
Plaza Construction
Estimated Timeline: Pedestrian Plaza, Improvements to Ally/HWY 111, Grant Funding for Construction
2023 20242022
Grant Funding
For construction costs
Grant Funding
Schematic and Final Design
50% and 100% CD
Detailed cost estimates
3-6 Months
3 Months
~6 MonthsConstruction Prep
Project Approval
Construction Bidding
Contractor Negotiations
Construction
Demolition
Site Prep/Grading
Infrastructure Upgrades
Paving and Landscape
Pedestrian Plaza
Improvements to
Alley/HWY 111
DRAFT
Page 505
30 l Lupine Plaza Concept Design Study
CEQA and Operations text
California Environmental Quality Act (CEQA)Maintenance
The project is the closure of a road segment and
enhancements to the closed area to facilitate
pedestrian use. It does not involve any increase in
retail or office floor area, or any other features that
would be expected to increase traffic/VMT and
associate Air Quality, GHG or noise impacts.
Guidance on assessing VMT impacts is
provided by Technical Advisory on Evaluating
Transportation Impacts in CEQA (2018) prepared
by the Office of Planning Research (OPR). “For
the purposes of CEQA evaluation, ‘vehicle miles
traveled’ refers to the amount and distance of
automobile travel attributable to a project.”(p.4).
The closure of Lupine Lane is categorized as a
Transportation Project. If a project would likely
lead to a measurable and substantial increase in
vehicle travel, the lead agency should conduct an
analysis assessing the amount of vehicle travel the
project will induce. Project types that would likely
lead to a measurable and substantial increase in
vehicle travel generally include:
Landscaped areas and other elements that will
require maintenance are designed to minimize
the burden of watering or repair in the future.
Keeping the plaza clean and safe is a key consid-
eration.
Staff has investigated the cost of regular cleaning
for a permanent plaza. The current cost estimate
for trash removal and table cleaning daily and
pressure washing once a week is approximately
$40,000 annually.
• Addition of through lanes on existing or new
highways, including general purpose lanes,
HOV lanes, peak period lanes, auxiliary
lanes, or lanes through grade-separated
interchanges. (p20)
OPR identifies screening thresholds that can be
used to quickly identify when a project should
be expected to cause a less-than-significant
impact without conducting a detailed study.
Projects that would not likely lead to a substantial
or measurable increase in vehicle travel, and
therefore generally should not require an induced
travel analysis, include:
• Addition of roadway capacity on local
or collector streets provided the project
also substantially improves conditions for
pedestrians, cyclists, and, if applicable, transit.
• Reduction in number of through lanes. (p.21)
Based upon OPR guidance, the Lupine Lane
closure is exempt from VMT analysis as Lupine
Lane is a local street, and the project is not adding
roadway capacity.Recommended to approve
Lupine Plaza Concept Plan Study with Notice of
Exemption in accordance with CEQA.
DRAFT
Page 506
Lupine Plaza Concept Design Study l 31
Other Considerations text
Additional Circulation Improvements Homelessness El Paseo Design Coordination
Turning Lupine Lane into a permanent pedestrian
plaza creates challenges and opportunities
beyond the boundaries of the project itself. To
enhance the City circulation network and ease
the transition with permanent street closure
the following improvements could be made
surrounding Lupine Plaza:
• Coordination with Google to provide new
routes to businesses along El Paseo
• Improvements to the alley between Lupine
Land and Sage Lane
• Curb extensions or extended red curbs at
intersections along Sage Lane and Lupine
lane to facilitate left-turn movements
Lupine Plaza seeks to be both a unique
destination along El Paseo, as well as integrated
within the existing streetscape and coordinated
with other City Standards. Specifically:
• Raised intersection should be completed with
El Paseo updates
• Paving materials and patterns should be
integrated
• Development of parking strategies for El
Paseo District (covering on-street and off-
street parking) towards encouragement of
park-once district and reduce concentration of
parking in specific locations
Homelessness was a key concern expressed
during all forms of engagement throughout the
project. It is clear that homelessness has led to
some undesirable activities during the temporary
plaza condition, but many of these activities
would be present without the temporary plaza.
Current issues of homelessness have been created
by macro economic, housing and other forces;
they were not created by creating additional
public space.
Through the conversations during project
engagement, it has also been expressed that
the City has multiple resources to address
homelessness issue going forward. The
effectiveness of these resources may be worth
evaluating periodically. Additionally, engagement
with Public Safety created expectations that
negative impacts of homelessness could be
addressed adequately through regular monitoring
and plaza design (e.g., seating and lighting).
DRAFT
Page 507
WWW.ENGAGEPALMDESERT.COMDRAFT
Page 508
STAFF REPORT
CITY OF PALM DESERT
PUBLIC AFFAIRS DIVISION
MEETING DATE: April 14, 2022
PREPARED BY: Thomas Soule, Public Affairs Manager
REQUEST: Request for feedback and direction regarding
proposed activities to celebrate the City’s 50th Anniversary in 2023.
Recommendation
By Minute Motion, provide City staff feedback and direction on proposed
activities to celebrate the City’s 50th Anniversary in 2023.
Background
The City of Palm Desert was incorporated on November 26, 1973. Mindful of the 50th
anniversary of that date approaching in 2023, the Public Affairs division has formulated a
plan for celebrating throughout the year. Some of the elements of this plan need to be
started soon, so this outline is being presented to Council for feedback and direction.
Discussion
A variety of marketing elements will be developed for use across City communication
channels, comprising websites, newsletters, and social media accounts. These are
primarily graphics that will include:
• A 50th Anniversary version of the Palm Desert logo (the goldenrod “PD” with the
inset palm frond) for use throughout the year.
• A variety of commemorative header images for websites and social media
platforms.
• A special anniversary design for the BrightSide newsletter.
• Street banners for El Paseo and other places throughout the City where possible.
• A commemorative lapel pin.
City publications will also be tapped for anniversary editions, starting with the 2023 annual
Palm Desert calendar. Staff anticipates the first anniversary themed event will be a
reception in the fall of 2022 to unveil this special calendar and kick off our year of
celebration. While each edition of BrightSide will have a nod to the anniversary, the
November/December 2023 issue of the newsletter will be dedicated to the occasion. Staff
is also looking into the possibility of producing a City of Palm Desert 50th Anniversary
history book in conjunction with the Historical Society of Palm Desert.
Page 509
April 14, 2022 - Staff Report
Feedback and Direction on Plans for the 50th Anniversary
Page 2 of 2
Throughout the year, the anniversary will be included in City events including our
Concerts in the Park, Fourth of July, and the Veterans Day Celebration. Staff will also
work with producers to incorporate the anniversary theme in City-sponsored events such
as Fashion Week El Paseo, Palm Desert Food & Wine, and the Golf Cart Parade.
All of this will culminate in a large celebration event in November of 2023, around the time
of the actual anniversary, to be held in Civic Center Park, on San Pablo, El Paseo, or
elsewhere. Thought will need to be given to the timing of this celebration, because it falls
adjacent to the Thanksgiving holiday. The anniversary date is Sunday, November 26, and
Thanksgiving will fall on the Thursday prior, November 23.
Fiscal Analysis
The cost for these various elements will be split between two fiscal years. The proposed
Marketing budget for Fiscal Year 2022/2023 includes $50,000 to pay for design elements
and other up-front costs, including the calendar reception this fall. The budget request for
Fiscal Year 2023/2024 will include funds for activities that fall in that period, which will be
determined based on the final celebration plan.
LEGAL REVIEW DEPT. REVIEW FINANCIAL
REVIEW
ASSISTANT
CITY MANAGER
N/A
Robert W.
Hargreaves
City Attorney
Thomas Soule
Thomas Soule
Public Affairs
Manager
Veronica Chavez
Veronica Chavez
Director of Finance
Andy Firestine
Andy Firestine
Assistant City
Manager
City Manager, L. Todd Hileman: L. Todd Hileman
Page 510
STAFF REPORT
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
MEETING DATE: April 14, 2022
PREPARED BY: Ryan Gayler, Project Manager
REQUEST: Authorize the use of Rule 20A Credits for the Ironwood Park Utility
Undergrounding Project
___________________________________________________________________________
Recommendation
By Minute Motion, authorize the use of Rule 20A Credits for the Ironwood
Park Utility Undergrounding Project.
Strategic Plan
The Strategic Plan does not address the undergrounding of utilities within the City.
However, in the City’s General Plan the City Council has established a goal that view
corridors should be maintained, which encourages the undergrounding of overhead
utilities.
Background Analysis
In December 2021, staff initiated an update to the City’s Utility Undergrounding Master
Plan in an effort to update the construction cost data and potential revenue sources for
undergrounding projects and to streamline the assessment district process for Rule 20B
projects in residential neighborhoods. Staff intends to provide updates on this larger effort
to the Utility Undergrounding Subcommittee. The subject of this report is a result of
information obtained by the City’s consultant to the master plan update that affects Rule
20A projects.
On June 7, 2021, the California Public Utilities Commission (CPUC) issued a decision
that significantly revised the rules related to the ratepayer funded utility undergrounding
program known as Rule 20A. Rule 20A enables utility companies to collect funds from
every ratepayer via the electricity bill and track the funds as credits that can be spent
toward a utility undergrounding project administered by a municipality or County. As of
December 31, 2022, the funding of new projects will be prohibited. In addition, the trading
of Rule 20A credits on a secondary market will be prohibited. The change was prompted
by a shift in the priorities related to overhead utilities. Whereas the undergrounding
program was initially created in response to complaints about the aesthetics of the power
poles and lines, community safety and wildfire mitigation have taken on a more prominent
role in the discussion.
Because the Rule 20A program is sunsetting, staff is recommending that the City advance
an eligible undergrounding project to take advantage of the available funds. To use Rule
20A funds the project must meet one or more of the following criteria:
Page 511
April 14, 2022 - Staff Report
Authorize the Ironwood Park Utility Undergrounding Project
Page 2 of 3
1. The project will eliminate a heavy concentration of overhead utilities.
2. The area around the facilities is heavily used by pedestrians.
3. The area is adjacent to a public recreation area.
4. The location is adjacent to a major arterial street.
Further, on June 3, 2021, the California Public Utility Commission (CPUC) issued a
decision requiring each electric utility to notify the communities participating in its Rule
20A sub-program to provide their active or inactive status along with their work credit
balance. Based on Southern California Edison’s (SCE) records, Palm Desert had an
inactive status and a balance of $929,196. SCE has confirmed they emailed City staff
with this information in July 2021. There was no additional communication from SCE or
the CPUC, either formally or informally, about the change to the Rule 20A program.
In review of the July 2021 email, it contained a link to the CPUC decision but obfuscated
its implications. A sub-bullet point below the signature line of the email is language that
“electric utilities continue to have authority to reallocate unused work credits from
communities with inactive underground programs to active Rule 20A projects in
accordance with their respective tariffs.” This is clarified beginning on page 20 of the
CPUC decision from June 3, 2021. Because the City did not establish an active project
by January 1, 2022, the City’s Rule 20A credit balance was reduced by $138,224 to fill a
funding gap for other active governmental projects elsewhere in the State of California.
At no point was this reduction in credit balance communicated to the City.
Currently, the City has a balance of $790,972 in Rule 20A credits. As indicated below, the
only project identified within the City’s credit allocation amount is Ironwood Park on Chia
Drive. At this location, there are four utility poles and an electrical line that runs along the
frontage of the entire park. The next most affordable project is along Frank Sinatra along
the frontage of the land that was dedicated to the future University site. The cost estimate
for that project was $1.8 million. Other locations were assessed with cost estimates
ranging as high as $15 million.
Rule 20A
Available Credits
Potential Utility Undergrounding
Projects
Estimated Project Cost
$790,972 Ironwood Park / Chia Drive $500,000
Frank Sinatra frontage between Gerald
Ford and Berger (future University site)
$1.8 million
Various locations $15 million
Southern California Edison confirmed that the Ironwood Park project is eligible for Rule
20A credits and provided a cost estimate of $500,000 for the project. Therefore, staff is
requesting authorization to proceed with the Ironwood Park utility undergrounding project.
If approved, the next step would be to bring a resolution before the City Council to
establish a Utility Undergrounding District.
Page 512
April 14, 2022 - Staff Report
Authorize the Ironwood Park Utility Undergrounding Project
Page 3 of 3
Fiscal Analysis
Any costs associated with the creation and execution of the project will be paid for by
Southern California Edison using Rule 20A credits, including expenditures for environmental
review, design, construction, and restoration. The CPUC has not indicated what will happen
to any Rule 20A credits remaining after completion of the project, but based upon precedent,
it is likely that the credits will be reclaimed by the CPUC and allocated to other active projects
within the State of California. Therefore, there is no fiscal impact to the general fund.
LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW ASSISTANT
CITY MANAGER
N/A
Robert W. Hargreaves
City Attorney
Andy Firestine
Andy Firestine
Public Works Director
Veronica Chavez
Veronica Chavez
Finance Director
Andy Firestine
Andy Firestine
Assistant City Manager
L. Todd Hileman, City Manager: L. Todd Hileman
Page 513
LOMA VISTA LN CHIA DRARROW TRLSKYWARD WAY
LITTLE BEND TRLCHIA DRLITTLEBENDTRLBEL AIR RD
HAYSTACK RD
LOMA VISTA LN CHIA DRARROW TRLSKYWARD WAY
LITTLE BEND TRLCHIA DRLITTLEBENDTRLBEL AIR RD
HAYSTACK RD
Ironwood Park Undergrounding
I
VICINITY MAP
Page 514
STAFF REPORT
CITY OF PALM DESERT
DEVELOPMENT SERVICES DEPARTMENT
DATE: April 14, 2022
PREPARED BY: Deborah Glickman, Management Analyst
REQUEST: Request for approval of the Unite Palm Desert Bicycle Incentive
Program.
Recommendation
By Minute Motion:
1. Approve the proposed Unite Palm Desert Bicycle Incentive Program
for private commercial properties to receive a bicycle rack valued at up
to $1,000 each from the City of Palm Desert;
2. Authorize the City Manager to implement the Unite Palm Desert
Bicycle Incentive Program including the execution of all agreements
required to meet the program requirements;
3. Authorize the City Attorney to make non-substantive changes to the
Unite Palm Desert Bicycle Incentive Program agreement; and
4. Appropriate and approve the expenditure of $20,000 from AQMD
expense account (Account No. 2384515-4400100).
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.”
Page 515
April 14, 2022– Staff Report
Bicycle Rack Incentive Program
Page 2 of 4
W:\Staff Reports - Shared 2\Staff Reports 2022-0414\5 - Clerk's Office - 2022-0414\25 Approve Unite PD Bicycle Incentive
Program\0 SR - CC Bike Rack Program.doc
• 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 has also completed more than three
miles of the CV Link project, a class I regional multi-model system connecting Palm
Springs-Palm Desert-Coachella.
To compliment these programs, staff was tasked with creating a bicycle rack incentive
program for the City’s commercial businesses. Staff brought this item before the City
Council at its meeting on January 13, 2022 with a request for direction. At the meeting,
the City Council directed staff to bring this item to the Resource Preservation and
Enhancement Committee (RPEC) for review and recommendations as to which bicycle
rack style would be most appropriate. Staff was also directed to reach out to the
Friends of the CV Link for its input.
On February 28, staff presented the proposed program to the RPEC for feedback. The
feedback that was received is as follows:
• Preferred options for bike racks were selected (see attached)
• There was a recommendation to work with the City’s Public Affairs Department to
brand the racks.
• If the racks are removed by the business/property owner prior the agreed upon
time, the business/property owner would be required to refund the City a prorated
portion of the cost of the rack.
Staff also corresponded with Friends of the CV Link and received the following
feedback:
• The selected bicycle rack must be substantial and firmly anchored to the ground.
• The racks should be placed at locations where several bikes will be at the same
time (like coffee shops, gyms, etc.). Several bike-rack stations may be needed.
• The type of rack that allows the bike tire to fit between stanchions are effective
and a person can chain their bike to the stanchion.
• Consider having a Palm Desert unique and distinctive logo as part of the rack.
Using the feedback from RPEC and Friends of the CV Link, Economic Development
staff is in conversation with Public Affairs staff to create a branding campaign for the
bicycle racks. Additionally, staff has narrowed the selection of bicycle racks to four (see
attached). As per City Council request, a duplex bicycle rack style that allows for two
levels of bicycle storage was explored for inclusion of in the program. Staff determined
that the cost for the units is at minimum approximately $3,000, which is significantly
Page 516
April 14, 2022– Staff Report
Bicycle Rack Incentive Program
Page 3 of 4
W:\Staff Reports - Shared 2\Staff Reports 2022-0414\5 - Clerk's Office - 2022-0414\25 Approve Unite PD Bicycle Incentive
Program\0 SR - CC Bike Rack Program.doc
higher than the proposed up to $1,000 per rack. Therefore, staff recommends not
including a duplex bicycle rack as an option for the program.
Staff has placed the selected bicycle rack style on EngagePalmDesert.com to solicit
feedback from the community.
After conducting the above research, staff recommends that business/property owners
apply to receive the bicycle rack from the City. Through the process, the applicant
would select their preferred rack style from the four pre-selected styles (see attached)
based on their needs (size of business, location, etc.). If approved, the applicant and
the City would enter into an agreement that requires that that business/property owner
keep the rack in place for three years. If the rack is removed prior to the three-year
period, then the applicant would be required to reimburse the City a prorated amount
based on the length of time the rack has been in place. The City would be responsible
for acquiring the bicycle rack and installing it at the applicant’s approved site.
Staff recommends that priority be given to businesses along the City’s established
bicycle pathways, including the CV Link.
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 staff’s proposal.
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 and
Econ Dev
Martin Alvarez
Martin Alvarez
Dir. of
Development
Services
Veronica Chavez
Veronica
Chavez
Finance
Director
Andy
Firestine
Andy Firestine
Assistant City
Manager
City Manager: L. Todd Hileman: L. Todd Hileman
ATTACHMENTS: Unite Palm Desert Bicycle Rack Program Guidelines
Unite Palm Desert Bicycle Rack Program Grant Application
Page 517
April 14, 2022– Staff Report
Bicycle Rack Incentive Program
Page 4 of 4
W:\Staff Reports - Shared 2\Staff Reports 2022-0414\5 - Clerk's Office - 2022-0414\25 Approve Unite PD Bicycle Incentive
Program\0 SR - CC Bike Rack Program.doc
Unite Palm Desert Bicycle Rack Program Grant Agreement
Unite Palm Desert Bicycle Rack Program Bicycle Rack Selections
Page 518
W:\Staff Reports - Shared 2\Staff Reports 2022-0414\5 - Clerk's Office - 2022-0414\25 Approve Unite PD Bicycle Incentive Program\1 Bike Racks
Guidelines.docx
UNITE PALM DESERT BICYCLE RACK INCENTIVE PROGRAM
GRANT GUIDELINES
BACKGROUND
To assist with security for Palm Desert businesses/property owners, the City of Palm
Desert has set aside funding to purchase and install bicycle racks at Palm Desert
commercial properties.
REQUIREMENTS
Grantees will be required to do/submit the following:
• Unite Palm Desert Bicycle Rack Incentive Program application to City Economic
Development division staff for review of bicycle rack placement (application can be
found at www.EngagePalmDesert.com).
• After receiving approval, the City of Palm Desert will purchase and install a bicycle
rack of the business/property owner’s choice from the City’s pre-identified
selections. See Unite Palm Desert Bicycle Rack Incentive Program Application for
pre-selected bicycle rack options.
• The bicycle rack must remain in place for three (3) years. If business/property
owner wishes to remove the bicycle rack prior to three (3) years, then they will
reimburse City a prorated amount of the cost of the bicycle rack. Complete an
agreement with the City of Palm Desert and submit the following
o A current City of Palm Desert Business License as of application date.
o Proof of authorization for the signatory to execute legal documents on
behalf of the business (i.e. most recent tax return, articles of incorporation,
or Statement of Information).
o Proof that all required City of Palm Desert permits, if any, have been
attained. Contact the City’s Permit Center to determine if any permits are
required.
FEES
There are no fees associated with this grant unless permits are required.
APPLICATION DEADLINE
• Bicycle racks will be purchased and installed on a first-come-first-served basis
based on receipt and approval date of Unite Palm Desert Bicycle Rack Incentive
Program Grant application.
• Applications will be accepted as long as funding is available up to $20,000.
QUESTIONS/INFORMATION
Contact Deborah Glickman, Management Analyst, dglickman@cityofpalmdesert.org or
760-776-6441.
Page 519
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
73510 Fred Waring Drive, Palm Desert, California 92260
Phone (760) 346-0611 ▪ Fax (760) 776-6417 ▪ bizsupport@cityofpalmdesert.org
UNITE PALM DESERT BICYCLE RACK INCENTIVE PROGRAM (BRIP)
APPLICATION
Business/Property Owner Name:
Business/Property Owner Address:
Applicant/Representative Name:
Mailing Address:
City: State: Zip:
Phone: Email:
Bicycle Rack Location:
Requested bicycle rack location (attach drawing/image of location if desired):
1. The bicycle rack shall be purchased and installed by the City of Palm Desert at the location indicated above and
maintained at the sole expense of the business/property owner.
2. Requested bicycle rack (circle preference below)
Desired color:
Submission: Unite Palm Desert Bicycle Rack incentive Program Application must be submitted by email to
bizsupport@cityopalmdesert.org or via mail at City of Palm Desert, 73-510 Fred Waring Drive, Palm Desert, California
92260, Attn: Economic Development Division.
Applicant/Representative Signature: By signing this application, I certify that the information provided is accurate. I
understand that the City might not approve what I am applying for and/or might require conditions of approval.
Print Name: Signature: Date:
Property Owner Signature of Approval (if property owner is not the applicant)
Print Name: Signature: Date:
OFFICE USE ONLY
Date Received: Approved: __ Yes __No Date Approved:
Page 520
1
W:\Staff Reports - Shared 2\Staff Reports 2022-0414\5 - Clerk's Office - 2022-0414\25 Approve Unite PD Bicycle Incentive
Program\3 Bike Racks Grant Agreement Template.docx
UNITE PALM DESERT BICYCLE RACK INCENTIVE PROGRAM
GRANT ACKNOWLEDGEMENTS
Grantee Acknowledgements:
1. XXXXXXXXX (“Grantee”) will receive a bicycle rack purchased and installed by the
City of Palm Desert.
2. Grantee has received approval of its Unite Palm Desert Bicycle Rack Incentive
Program (BRIP) application from the City of Palm Desert.
3. Grantee agrees that it will retain the bicycle rack for a minimum of three (3) years.
4. Grantee will not be responsible for repaying the funds to City if the bicycle rack
remains on site for three (3) years. If Grantee wishes to remove the bicycle rack prior to
three (3) years, then Grantee will reimburse City a prorated amount of the cost of the
bicycle rack.
5. If Grantee removes the bicycle rack, then a written acknowledgement of the
removal must be submitted to the City of Palm Desert via email to
bizsupport@cityofpalmdesert.org.
6. Grantee will submit one (1) signed copy of the Acknowledgment to City of Palm
Desert, Attn: Deborah Glickman, Management Analyst, 73510 Fred Waring Drive, Palm
Desert, California 92260.
7. In addition to the signed copy of the Acknowledgement, Grantee must submit the
following:
A. One (1) copy of the City of Palm Desert Business License that must be valid as
of date of the BRIP application submission.
B. Completed BRIP Grant Information Page.
C. Proof of authorization for the signatory to execute legal documents on behalf of
the business (i.e. most recent tax return, articles of incorporation, or Statement
of Information).
8. Grantee shall defend, hold harmless and indemnify the City, its officers and
employees, and each and every one of them, from and against any and all actions,
damages, costs, liabilities, claims, demands, losses, judgments, penalties, costs and
expenses of every type and description, including, but not limited to, any fees and/or costs
reasonably incurred by the City’s staff attorneys or outside attorneys and any fees and
expenses incurred in enforcing this provision (collectively, “Liabilities”), including but not
limited to Liabilities arising from contractual or other economic damages, or regulatory
penalties, arising out of or in any way connected with Grantee’s breach of this Agreement,
Grantee’s use of the Grant proceeds, or Grantee’s performance or failure to perform this
Agreement, including, without limitation, against any claim for damages, compensation,
Page 521
2
W:\Staff Reports - Shared 2\Staff Reports 2022-0414\5 - Clerk's Office - 2022-0414\25 Approve Unite PD Bicycle Incentive
Program\3 Bike Racks Grant Agreement Template.docx
fines, penalties or other amounts arising out of the failure or alleged failure of any person
or entity (including Tenant, or its contractors or subcontractors), to hire apprentices in
accordance with Labor Code Sections 1777.5 et seq., or to comply with the other
applicable provisions of Labor Code Sections 1720 et seq., 1725.5, 1771, 1771.1, 1771.4,
1776, 1777.5 et seq., 1810-1815 and the implementing regulations of the Department of
Industrial Relations for all such Labor Code sections, whether or not (i) such Liabilities are
caused in part by a party indemnified hereunder or (ii) such Liabilities are litigated, settled
or reduced to judgment; provided that the foregoing indemnity does not apply to liability
for any damage or expense for death or bodily injury to persons or damage to property to
the extent arising from the sole negligence or willful misconduct of the City, its agents,
servants, or independent contractors who are directly responsible to the City.
City’s Obligations:
1. The City hereby agrees purchase and install a bicycle rack as agreed upon by
Grantee and City at approve location.
2. The City is not responsible for any grant-related tax requirements.
Page 522
3
W:\Staff Reports - Shared 2\Staff Reports 2022-0414\5 - Clerk's Office - 2022-0414\25 Approve Unite PD Bicycle Incentive
Program\3 Bike Racks Grant Agreement Template.docx
SIGNATURE PAGE FOR AGREEMENT
BETWEEN THE CITY OF PALM DESERT
AND XXXXXXXXX
CITY OF PALM DESERT XXXXXXXXXX
A Municipal Corporation
L. TODD HILEMAN, Signature
CITY MANAGER
_________________________________
Print Name
Title
ATTEST:
ANTHONY J. MEJIA, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
APPROVED AS TO FORM:
ROBERT W. HARGREAVES, CITY ATTORNEY
BEST, BEST & KRIEGER, LLP
REVIEWED BY:
ERIC CEJA
DEPUTY DIRECTOR OF DEVELOPMENT SERVICES/ECONOMIC DEVELOPMENT
Page 523
4
W:\Staff Reports - Shared 2\Staff Reports 2022-0414\5 - Clerk's Office - 2022-0414\25 Approve Unite PD Bicycle Incentive
Program\3 Bike Racks Grant Agreement Template.docx
UNITE PALM BICYCLE RACK INCENTIVE PROGRAM
INFORMATION PAGE
1. Contact Name
2. Name of Authorized Signatory
3. Business (or DBA)
4. Business Address
5. Contact Phone Number
6. Contact Email
7. Mailing Address
Page 524
UNITE PALM DESERT BICYCLE RACK INCENTIVE PROGRAM
BICYCLE RACK OPTIONS
Bicycle Shaped Rack
Bike Coil Rack
Page 525
UNITE PALM DESERT BICYCLE RACK INCENTIVE PROGRAM
BICYCLE RACK OPTIONS
Wave Rack
Grid Style Rack
Page 526
STAFF REPORT
CITY OF PALM DESERT
DEVELOPMENT SERVICES DEPARTMENT
MEETING DATE: April 14, 2022
PREPARED BY: Nick Melloni, Associate Planner
REQUEST: Consideration for the adoption of a Notice of Exemption in accordance
with the California Environmental Quality Act (CEQA), and approval of a
Hillside Development Plan (HDP) to construct a 1,103-square-foot casita
on a property located at 72240 West Upper Way.
Recommendation
Waive further reading and adopt the following
1. Adoption of City Council Resolution No. 22-___, adopting a Notice of Exemption
in accordance with CEQA and approving Precise Plan 21-0005 for a hillside
development plan to construct to construct a 1,103-square-foot casita on a
property located at 72240 Upper Way West.
Planning Commission Recommendation
On February 1, 2022, the Planning Commission recommended approval of the project to the
City Council with a 5-0 vote. The Commissioners were supportive of the architecture of the
casita, and the applicant’s landscape and grading design, which preserve the natural slopes
and ridgelines of the project site and blend well into the hillside area. The Commissioners also
appreciated the view studies provided by the applicant.
Architectural Review Commission Recommendation
The Architecture Review Commission (ARC) reviewed the project at two (2) separate
meetings, April 27, 2021, and February 8, 2022.
On April 27, 2021, the applicant presented the project to the ARC as a discussion item to seek
preliminary architecture comments from the Commission. No formal action was taken;
however, the Commission requested additional renderings and line of sight exhibits to depict
how the structure would integrate into the hillside setting.
On February 8, 2022, the applicant presented an updated design package, which incorporated
additional exhibits, line of sights, design considerations, including grading to reduce the
apparent height of the casita from properties to the east and south, and desert native
landscaping. The ARC found the design modifications to the site plan acceptable and that the
structure integrated well into the hillside as viewed from properties in the surrounding area.
Page 527
April 14, 2022 – Staff Report
Case No. PP21-0005 West Upper Way Casita
Page 2 of 8
The ARC approved the project in a 6-0 vote subject to the following:
1. Explore other material options for stone veneer detail with consideration to angular cuts
necessary for the application of materials. If the stone veneer is not used, a dark color
should be used in this area to assist with breaking up the façade.
2. Consider increasing the massing of areas in which the stone veneer is applied.
3. Street exposed windows should be recessed.
4. The fascia should be a metal material; avoid the use of wood for exterior finishes.
5. Incorporate different materials or colors for a cool roof instead of the proposed white to
minimize contrast to the surrounding natural hillside environment.
6. Staff shall develop conditions of approval that assure all exterior building finishes,
paving, ground covers, and re-naturalized slopes are appropriate to the hillside area
before the project proceeds to the Planning Commission.
All the items requested by the ARC have been addressed by the applicant and are addressed
in the attached letter.
Strategic Plan
• Land Use, Housing & Open Space – Priority 5: “Utilize progressive land-use policies
and standards to support ongoing and future needs.” – Preserve hillsides and open
space, view corridors, and recreation areas.
Executive Summary
Approval of staff’s recommendation will adopt a resolution approving the Project. The Project
applicant, Level 7, is proposing a Hillside Development Plan to construct a detached 1,103-
square-foot, single-story casita on a 5.06-acre residential lot located at 72240 West Upper
Way. The proposed casita conforms with the development standards of the Hillside Planned
Residential Zone and incorporates design strategies to ensure the development and grading
are integrated into the hillside area by preserving natural contours and topographic features
and re-naturalizing graded areas. The applicant has also selected a landscape palette of area
desert native species.
The Project was reviewed and found to be exempt from CEQA review as the proposal is a
small structure. The review has determined that this type of project will have no significant
environmental impacts.
Background
A. Property Description:
Page 528
April 14, 2022 – Staff Report
Case No. PP21-0005 West Upper Way Casita
Page 3 of 8
The project site is a 5.06-acre residential parcel composed of steep sloping areas generally
located in the hillside areas along West Upper Way, to the west of Highway 74, and the
Palm Valley Storm Channel. The project site is developed with a 2,873-square-foot single-
family residence and detached garage, which were originally constructed in the 1960s
under the jurisdiction of the County of Riverside. There are two additional vacant graded
pads located on the site, where the hillside terrain has been partially leveled by rough
grading. There is no record of approval or grading permits for the two remaining pads
located on the parcel.
The western and southern portions of the parcel feature steep sloping hillside areas, with
grades ranging between 20% and 57%, which are undevelopable. Access to the site is
provided by a privately maintained, paved access road that bifurcates the property.
Properties to the north, south, and east are hillside areas developed with single-family
residential dwellings. Properties further to the west are hillside conservation areas and the
Stone Eagle Golf Club.
B. Zoning and General Plan Designation:
Zone: HPR – Hillside Planned Residential
General Plan: Rural Neighborhood
C. Adjacent Zoning and Land Use:
North: HPR – Single-family residence
South: HPR – Single-family residence
East: HPR – Vacant hillside property and private access roads
West: OS – Open Space – Vacant conservation land
Project Description
The project is a HDP to construct a single-story, detached 1,103-square-foot casita on a 5.06-acre
property located at 72240 Upper Way West in the hillside west of Highway 74. The casita will
contain two bedrooms, two bathrooms, a central seating area, and a single-car attached carport.
No kitchen is included on the floor plan.
The casita will be located on an existing previously rough-graded pad. The applicant will grade a
portion of the existing pad by exporting dirt to lower the pad height for the new casita to reduce
views of the structure from downhill properties in surrounding areas.
A. Site Plan:
The project will construct a single detached residential casita structure on the site. The
casita will be located on an existing graded pad located approximately 180’-0” to the south
of the primary dwelling.
Vehicle access to the site will be provided by an existing paved private access road
running through the site. The applicant will install 2,550 square feet of concrete paving to
create access for the casita by joining the existing private access road. Proposed grading
is limited to preserve sloping hillside and undisturbed areas of the site.
Page 529
April 14, 2022 – Staff Report
Case No. PP21-0005 West Upper Way Casita
Page 4 of 8
B. Architecture:
The architecture of the proposed casita is desert contemporary and characterized by a
butterfly-shaped roof and earth tone finishes. Exterior finishes include tan stucco, stack stone
veneer, and exposed wood underside of the roof. The roof will utilize an acrylic-cool roof that
will be finished in a tan or brown color that will blend into the surrounding hillside. The top of
the roof will extend to a height of 16 feet, 7 inches, and the central portion will sit at a height of
13 feet, 0 inches.
C. Landscaping:
The preliminary landscape plan shows the use of desert native vegetation. The plan proposes
three (3) Washingtonia Filifera adjacent to the private road and one (1) Desert Museum Palo
Verde. The plant palette also features the use of desert native shrubs such as Brittlebush,
Coyote Bush, Creosote Bush, and Red Yucca. Cacti and agave are used as accent plantings
in areas adjacent to the proposed structure where they are not visible from surrounding or
downhill properties.
Analysis
The project site is designated Rural Residential (RR) by the Palm Desert General Plan Land Use
Element (see page 30 of the General Plan). This designation is intended to conserve natural areas
while providing the lowest intensity and amount of neighborhood development. Residential uses
are permitted at densities of 0.05 to 1.0 dwelling units per acre. Uses such as guest houses may
also be allowed. The project site is zoned Hillside Planned Residential (HPR), which allows
residential uses at densities of one (1) dwelling unit per acre, subject to the approval of the City
Council per Chapter 25.78 of the Palm Desert Municipal Code (PDMC).
Land Use Compatibility
The project is consistent with the Palm Desert General Plan goals and policies of the Land Use
Element. The proposal is a guest casita and not considered an additional dwelling unit for the
purposes of calculating residential density. The project, therefore, falls within the allowable density
range established for the RR land use designation. Additionally, the project conforms with the
intended built form and character established for the RR designation as the proposed development
of the site is limited and preserves existing natural hillside areas located on the project site.
The proposed project is consistent with the Goals and Policies of the General Plan, as
demonstrated below:
Land Use:
Policy No. 3.1.5 Hillside Development. Limit development and grading in areas with slopes
greater than 20 percent and limit the density and intensity of development in areas with slopes
between 10 and 19 percent. – The proposed development limits grading to areas of the site
with a grade less than 10%. Areas with grades greater than 10% are avoided or preserved.
Policy No. 3.8.7 Natural environment. Maintain and enhance the natural environment as critical
to the attraction of tourists and ensure that new development does not adversely affect the
Page 530
April 14, 2022 – Staff Report
Case No. PP21-0005 West Upper Way Casita
Page 5 of 8
natural environment as a tourist draw. – The proposed development implements sensitive
grading practices and architecture to integrate into the hillside area and does not adversely
impact views of the hillside which are a characteristic element to the natural environment of
the City of Palm Desert.
Environmental Resources:
Policy No. 6.2.3 Hillside grading. Continue to require the preparation of a grading analysis on
hillside development to pre-determine where development should occur so as to minimize the
impact of new development on views of the City’s hillsides. – The project has designed the
grading plan to integrate the development into the hillside and preserve sloped areas and the
impact on views of the hillside area.
Development Standards
The project is subject to the development standards set forth by the PDMC Section 25.10 and
25.10.050(A) for the Hillside Planned Residential (HPR) Zone. The proposal conforms with the
applicable standards of the HPR zone. A conformance determination of the project is provided for
reference.
Figure 1 – Project Conformance Determination
STANDARD HPR ZONE PROJECT CONFORMS
Height - 16’-7” N/A
Front Setback - 41’-0” N/A
Rear Setback - 582’-0” N/A
Interior Side Setback - 47’-4” N/A
Street Side Setback - - N/A
Parking - 1 covered space Yes
Maximum Dwelling
Unit Size 4,000 square-feet 3,976 square-feet Yes
Lot Coverage 10% 1.8% Yes
Grading
Grading associated with hillside development shall be evaluated based on consistency with
the following design criteria per PDMC 25.10.050 (A)(9):
A. Preserve natural contours of the land to avoid extensive cut and fill slopes to reduce
the need for a staircase effect within developments.
The proposed grading will disturb an area of 7,066 square feet (3.2%) of the existing
site. Approximately 200 cubic yards of export are anticipated. The cut areas will reduce
the elevation by approximately 3 feet, 0 inches. The grading preserves a natural berm
around the perimeter of the casita pad to assist with screening the structure. No
extensive cut or fill proposing in unnatural staircase-like pads are proposed.
Page 531
April 14, 2022 – Staff Report
Case No. PP21-0005 West Upper Way Casita
Page 6 of 8
B. Architecture and landscape design which blends with the natural terrain to the greatest
practical extent.
The applicant proposes a contemporary architectural style with a prominent butterfly
roof that blends into the hillside due to the color and low visibility within the hillside. The
proposed structure is not on a prominent ridgeline and will have minimal visibility. The
proposed landscaping utilizes a desert native plant palette to blend into the hillside
area.
C. Retention and protection of undisturbed viewsheds, natural landmarks, and features
including vistas and the natural skyline as integral elements.
The proposed grading will occur on a previously disturbed portion of the site and shall
be conditioned to re-naturalize previously cut portions of the hill area. The grading does
not propose additional cuts or fills that would detract from undisturbed viewsheds,
natural landmarks, or remove existing features such as boulders or other integral
elements.
D. Building Pad Area. The maximum area permanently disturbed by grading shall not
exceed 10,000 square feet.
The building pad area of the existing residence and proposed casita are approximately
8,602 square feet and less than the 10,000-square-foot limit required by the PDMC.
E. Access Road or Driveway. Maximum permanent grading disturbance of natural terrain
for the 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.
The proposed grading design includes an existing flat area of the site with
approximately 2,550 square-feet of concrete. Theis new hard surface area is located
towards the western rear portion of the site where it is less visible from areas to the
south and east which look towards the hillside. Additionally, the project shall be
conditioned to treat all new hard surface areas with natural color finishes to better blend
into the hillside.
F. Re-naturalization. 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.
The project shall be conditioned to treat all new hard surface areas with natural color
finishes to better blend into the hillside. Additionally, any disturbed grading areas will
be re-naturalized or colored to blend with the adjacent undisturbed natural terrain.
Page 532
April 14, 2022 – Staff Report
Case No. PP21-0005 West Upper Way Casita
Page 7 of 8
Public Input
Public Notification:
Public noticing was conducted for the April 14, 2022, City Council meeting in accordance with
PDMC Section 25.60.060 and additional requirements set by PDMC Section 25.78.020 (C)(2).
A public hearing notice was published on Sunday, April 3, 2022, in The Desert Sun.
Additionally, notices were mailed to all property owners within 4,000 feet of the project site for
a total of 1,713 public hearing notices.
Public Comments:
City staff has not received comments in favor or opposition to the proposed project. Staff
received several calls inquiring about the reason for the notice; however, did not express
comments in favor or against the proposal.
Environmental Review - CEQA
Staff recommends that the City Council find that the project is exempt from CEQA according to
Section 15303 of the CEQA guidelines since the project is a Class 3 exemption for new
construction or conversion of small structures. Class 3 is intended for projects characterized as
new construction of small structures, which includes the construction of one single-family
residence or a second dwelling in a residential zone. The property is zoned HPR, which permits
the construction of residential structures and accessory structures.
Additionally, the project is not subject to any of the exceptions for categorical exemptions identified
in CEQA Guidelines Section 15300.2:
1. The project qualifies as a Class 3 exemption as it is a small residential guest house structure
on a lot containing an existing primary residential structure. The project is not located on a site
where it may have an adverse impact on an environmental resource of hazardous or critical
concern where designated, precisely mapped, and officially adopted according to law by
federal, state, or local agencies. The project site will not impact designated environmental or
biological resources as it is not located within a conservation area as identified by the Coachella
Valley Multiple Species Habitat Conservation Plan.
2. The project will not have a cumulative impact on the environment as no other discretionary
projects have been approved within 500 feet of the project site within the last five (5) years.
The surrounding areas is developed with limited single-family residential and similar residential
structures such as casitas or accessory structures such as garages.
3. There are no unusual circumstances on the project site. The project site is not located within a
flood zone per the latest FEMA Flood Zone Maps. The project site is not located within an
urban area per Fire Hazard Severity Zone maps available from the Riverside County Fire
Department and depicted on Figure 8.6 on Page 120 of the General Plan. The project site is
not identified within an Alquist-Priolo Fault Zone per the latest maps on file with the California
Department of Conservation. The nearest fault zone is adjacent to the Indio Hills area north of
the Palm Desert City limits.
Page 533
April 14, 2022 – Staff Report
Case No. PP21-0005 West Upper Way Casita
Page 8 of 8
4. The project site is not located in proximity to any scenic highway. The nearest officially
designated as a scenic highway are portions of State Route 74 located south of the Palm
Desert City Limits.
5. The project site is not identified as a historic waste site on any list compiled according to
Section 65962.5 of the Government Code.
6. The project site does not contain any existing designated historic resource and is not within a
designated historic preservation district.
In conclusion, no special circumstances exist that would create a reasonable possibility that the
project will have a significant adverse effect on the environment. Therefore, staff concludes that
no further environmental review is required and recommends that the City Council adopt a Notice
of Exemption for the project.
Findings of Approval
Findings can be made in support of the project and in accordance with the City’s Municipal Code.
Findings in support of this project are contained in City Council Resolution No. 22-____ attached
to this staff report.
LEGAL REVIEW DEPT. REVIEW FINANCIAL
REVIEW
ASSISTANT CITY
MANAGER
N/A
Robert W. Hargreaves
City Attorney
Martin Alvarez
Martin Alvarez, Director of
Development Services
N/A
Veronica Chavez
Director of Finance
Andy Firestine
Andy Firestine
Assistant City Manager
City Manager: L. Todd Hileman: L. Todd Hileman
APPLICANT: Rodolfo Lizarde–Level 7
74350 Goleta Avenue
Palm Desert, CA 92260
ATTACHMENTS: 1. Draft City Council Resolution No. 22-____
2. Public Hearing Notice
3. Notice of Exemption
4. PC Resolution and Minutes for March 1, 2022
5. ARC Notice of Action and Minutes for July 27, 2021
6. Project Plans
Page 534
CITY COUNCIL RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA FOR THE ADOPTION OF A NOTICE OF EXEMPTION IN
ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA), AND APPROVAL OF A HILLSIDE DEVELOPMENT PLAN TO
CONSTRUCT A 1,103-SQUARE-FOOT CASITA ON A PROPERTY LOCATED
AT 72240 WEST UPPER WAY
CASE NO. PP21-0005
WHEREAS, Level 7 (“Applicant”), proposes to construct a 1,103-square-foot detached
casita on a partially developed 5.04-acre site located at 72240 West Upper Way (“Project”); and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 1st
day of March 2022, hold a duly noticed public hearing where members of the public were allowed
to comment on the project and recommended approval to the City Council of the above-noted
project request; and
WHEREAS, the Architectural Review Commission of the City of Palm Desert, California,
did on the 8th day of February 2022, consider the request by Level 7 at its meeting and
recommended approval to the Planning Commission of the above-noted project request; and
WHEREAS, the project complies with the goals and policies contained in the City’s
General Plan that promote sensitive grading practices for hillside development, preservation of
scenic mountain views, and preservation of the natural environment; and
WHEREAS, the project conforms with the Hillside Planned Residential (HPR) zone with
the proposed addition of a residential casita; and
WHEREAS, the project maintains a land-use pattern that provides an attractive building
design that will integrate well with the hillside area and does not adversely impact views of the
hillside area; and
WHEREAS, under Section 21067 of the Public Resources Code, Section 15367 of the
State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), and the City of Palm Desert’s
(“City’s”) Local CEQA Guidelines, the City is the lead agency for the proposed project; and
WHEREAS, said application has complied with the requirements of the "City of Palm
Desert Procedure for Implementation of CEQA” Resolution No. 2019-41, in that the Director of
Development Services has determined that the project will not have a significant impact on the
environment and that the project is categorically exempt under Article 19, Section 15303 New
Construction or Conversion of Small Structures (Class 3) of the CEQA Guidelines, as outlined in
the staff report and the project is not subject to any of the exceptions for categorical exemptions
identified in CEQA Guidelines Section 15300.2; therefore, no further environmental review is
necessary; and
WHEREAS, the City Council of the City of Palm Desert, California, did on the 14th day of
April 2022, hold a duly noticed public meeting where members of the public were allowed to
comment on the Project; and
Page 535
CITY COUNCIL RESOLUTION NO.
2
WHEREAS, at said the public hearing, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard, the City Council did find the
following facts and reasons, which are outlined in the staff report, exist to justify approval of said
request:
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.
The proposed project has been reviewed pursuant to the requirements of California
Environmental Quality Act (CEQA) and the State CEQA Guidelines. The Project is exempt from
CEQA pursuant Guidelines Section 15303, New Construction or Conversion of Small Structures.
The project involves the construction of an 1,103-square-foot, single-story detached residential
casita on a parcel containing an existing primary residence. The project site is zone Hillside
Planned Residential (HPR) which allows the development of single-family residential dwellings
and accessory structures such as guest houses. The City Council, based on the staff report and
materials and testimony presented during the hearing, based on its own independent judgment,
hereby finds that no further environmental review is required because the project is exempt from
CEQA pursuant to CEQA Guidelines Section 15303.
Additionally, the project is not subject to any of the exceptions for categorical exemptions
identified in CEQA Guidelines Section 15300.2:
1. The project qualifies as a Class 3 exemption as it is a small residential guest house
structure on a lot containing an existing primary residential structure. The project is not
located on a site where it may have an adverse impact on an environmental resource
of hazardous or critical concern where designated, precisely mapped, and officially
adopted according to law by federal, state, or local agencies. The project site will not
impact designated environmental or biological resources as it is not located within a
conservation area as identified by the Coachella Valley Multiple Species Habitat
Conservation Plan.
2. The project will not have a cumulative impact on the environment as no other
discretionary projects have been approved within 500 feet of the project site within the
last five (5) years. The surrounding areas is developed with limited single-family
residential and similar residential structures such as casitas or accessory structures
such as garages.
3. There are no unusual circumstances on the project site. The project site is not located
within a flood zone per the latest FEMA Flood Zone Maps. The project site is not
located within an urban area per Fire Hazard Severity Zone maps available from the
Riverside County Fire Department and depicted on Figure 8.6 on Page 120 of the
General Plan. The project site is not identified within an Alquist-Priolo Fault Zone per
the latest maps on file with the California Department of Conservation. The nearest
fault zone is adjacent to the Indio Hills area north of the Palm Desert City limits.
4. The project site is not located in proximity to any scenic highway. The nearest officially
designated as a scenic highway are portions of State Route 74 located south of the
Palm Desert City Limits.
Page 536
CITY COUNCIL RESOLUTION NO.
3
5. The project site is not identified as a historic waste site on any list compiled according
to Section 65962.5 of the Government Code.
6. The project site does not contain any existing designated historic resource and is not
within a designated historic preservation district.
SECTION 3. Custodian of Records. The documents and materials that constitute the
record of proceedings on which these findings are based are located at the City’s office at 73510
Fred Waring Drive, Palm Desert, CA 92260. The City Clerk’s Office is the custodian of the record
of proceedings.
SECTION 4. Execution of Resolution. The Mayor of the City Council shall sign this
Resolution, and the City Clerk shall attest and certify to the passage and adoption thereof.
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 for approval
of the City Council in this case.
2. That the City Council does hereby approve does hereby recommend approval to the
City Council of Case No. PP21-0005.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert,
California, at its regular meeting held on the 14th day of April 2022, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
JAN C. HARNIK, MAYOR
ATTEST:
ANTHONY J. MEJIA, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
Page 537
CITY COUNCIL RESOLUTION NO.
4
EXHIBIT “A”
CONDITIONS OF APPROVAL
CASE NO. PP 21-0005
PLANNING DIVISION:
1. The development of the property shall conform substantially with exhibits on file with the
Development Services Department, as modified by the following conditions.
2. The applicant agrees that in the event of any administrative, legal, or equitable action
instituted by a third party challenging the validity of any of the procedures leading to the
adoption of these project approvals for the project, or the project approvals themselves,
the developer and City each shall have the right, in their sole discretion, to elect whether
or not to defend such action. Developer, at its sole expense, shall defend, indemnify, and
hold harmless the City (including its agents, officers, and employees) from any such
action, claim, or proceeding with counsel chosen by the City, subject to the developer’s
approval of counsel, which shall not be unreasonably denied, and at the developer’s sole
expense. If the City is aware of such an action or proceeding, it shall promptly notify the
developer and cooperate in the defense. Developer upon such notification shall deposit
with City sufficient funds in the judgment of City Finance Director to cover the expense
of defending such action without any offset or claim against said deposit to assure that
the City expends no City funds. If both parties elect to defend, the parties hereby agree
to affirmatively cooperate in defending said action and to execute a joint defense and
confidentiality agreement in order to share and protect the information, under the joint
defense privilege recognized under applicable law. As part of the cooperation in
defending an action, City and developer shall coordinate their defense in order to make
the most efficient use of legal counsel and to share and protect information. Developer
and City shall each have sole discretion to terminate its defense at any time. The City
shall not settle any third-party litigation of project approvals without the developer’s
consent, which consent shall not be unreasonably withheld, conditioned, or delayed
unless developer materially breaches this indemnification requirement.
3. The development of the property described herein shall be subject to the restrictions and
limitations set forth herein, which are in addition to the approved development standards
listed in the Palm Desert Municipal Code (PDMC), state, and federal statutes now in force,
or which hereafter may be in force.
4. The Hillside Development Plan (HDP) shall expire if construction of the said project shall
not commence within two years from the date of final approval unless an extension of time
is granted; otherwise, said approval shall become null, void, and of no effect whatsoever.
5. Any proposed changes to this HDP will require an amendment to the application, which
will result in a new public hearing.
6. All construction documentation shall be coordinated for consistency, including, but not
limited to, architectural, structural, mechanical, electrical, plumbing, landscape and
Page 538
CITY COUNCIL RESOLUTION NO.
5
irrigation, grading, and street improvement plans. All such plans shall be consistent with
the approved entitlement plans on file with the Development Services Department.
7. Construction of said project shall commence within two years from the date of final
approval unless an extension of time is granted; otherwise, said approval shall become
null, void, and of no effect whatsoever.
8. Any proposed modifications to this approval shall require an amendment to the
application, which will result in a new public hearing.
9. Prior to issuance of a building permit for construction of any use or structure
contemplated by this approval, the applicant shall first obtain permits and or clearance
from the following agencies:
Coachella Valley Water District (CVWD)
Public Works Department
Fire Department
Evidence of said permit or clearance from the above agencies shall be presented to the
Building & Safety Division at the time of issuance of a building permit for the use
contemplated herewith.
10. This project is subject to payment of the City’s Public Art fee. The fee will be applied at
the time of a building permit issuance and shall remain in the City’s public art fund.
11. Lighting plans shall be submitted in accordance with PDMC Section 24.16 for any
landscape, architectural, street, or other lighting types within the project area.
12. All exterior lighting sources shall be fully shielded and directed downwards and is subject
to approval by the Palm Desert Development Services Department. Luminaries with total
lamp lumens above sixteen thousand lumens shall not be used.
13. Final landscape and irrigation documents shall be prepared by a landscape architect
registered with the State of California and shall be submitted to the City’s Development
Services Department and the Coachella Valley Water District for review and approval.
All sheets shall be wet signed by the landscape architect and shall include the license
number and the expiration date. The landscape plan shall conform to the preliminary
landscape plans prepared as part of this application and shall include dense plantings of
landscape material.
14. All project irrigation systems shall function properly, and landscaping shall be maintained
in a healthy and thriving condition. The maintenance of landscaping and the irrigation
system shall be permanently provided for all areas of the project site, as well as walkways
and the portion of public right-of-way abutting the project site (parkways). Furthermore,
the plans shall identify responsibility for the continued maintenance (such as
homeowners’ association, landscape maintenance district, property owner, etc.).
15. All exterior equipment, and all appurtenances thereto, shall be completely screened from
public view by walls, or roof screens that are architecturally treated to be consistent with
Page 539
CITY COUNCIL RESOLUTION NO.
6
the building. The final construction plans shall include appropriate drawings
demonstrating how such equipment is to be screened from view. No rooftop equipment
shall be permitted.
16. All ground-mounted utility structures including, but not limited to, transformers, HVAC
equipment, and backflow prevention valves shall be located out of view from any public
street or adequately screened through the use of landscaping and/or masonry walls.
17. The applicant shall comply with the recommendations made by the City’s Architectural
Review Commission (ARC), as referenced in the February 8, 2022, Notice of Action.
18. The applicant or any successor in interest shall comply with all applicable local, state,
and federal laws and regulations.
19. A copy of the herein-listed Conditions of Approval shall be included in the construction
documentation package for the project, which shall be continuously maintained on-site
during project construction.
20. The final design of all site walls shall be subject to review and approval by the Palm
Desert Development Services Department. The design, material, color, and finish of all
site walls shall be designed to integrate with the surrounding undisturbed natural hillside
area in terms of color, form, and material.
21. The applicant shall ensure all proposed groundcover, paving, and other hardscapes shall
be finished in a color that is compatible with the undisturbed natural terrain of the
surrounding hillside area.
22. 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.
23. The exterior color of the casita structure shall be selected to blend with the adjacent
undisturbed natural terrain.
24. The approved pad elevation of the casita shall be 768.50, as shown on the approved
preliminary grading plan. Modifications to the approved pad height shall require approval
by the Planning Commission, accompanied by additional plans and information to assess
the impact on views of the hillside.
25. All landscaping shall match the approved landscape plan. Modifications to the approved
landscaping plan shall be subject to review by the Development Services Department to
assess the impact on views of the hillside. Dense landscape plantings and the use of
non-native desert plantings are discouraged. Landscaping shall blend into the hillside
and reflect the visual patterns found naturally in the adjacent natural terrain.
LAND DEVELOPMENT DIVISION:
26. Prior to grading permit issuance, the applicant shall submit grading and landscape plans
for review and approval by the Land Development Division.
Page 540
CITY COUNCIL RESOLUTION NO.
7
27. Submit a PM10 application to the Land Development Division for approval. The applicant
shall comply with all provisions of PDMC Section 24.12 regarding Fugitive Dust Control.
28. In accordance with PDMC Section 27.12, all manufactured slopes shall be planted or
otherwise protected from the effects of stormwater runoff and erosion.
29. The applicant shall submit an erosion control plan for review and approval with the
submittal of the precise grading plan.
30. The applicant shall abide by all provisions of City of Palm Desert Ordinance 843, Section
24.20 Stormwater Management and Discharge Ordinance.
31. Any deviation from the approved plans shall be reviewed for approval by the City
Engineer prior to work commencing.
32. The applicant shall submit a geotechnical report with the grading plans for review and
approval by the City Engineer.
BUILDING AND SAFETY DIVISION:
33. This project shall comply with the latest adopted edition of the following codes:
A. California Building Code and its appendices and standards.
B. California Residential Code and its appendices and standards
B. California Plumbing Code and its appendices and standards.
C. California Mechanical Code and its appendices and standards.
D. California Electrical Code.
E. California Energy Code.
F. California Green Building Standards Code
G. Title 24, California Code of Regulations.
H. California Fire Code and its appendices and standards.
34. The applicant shall coordinate directly with:
Riverside County Fire Marshal’s Office
CAL FIRE/Riverside County Fire Department
77933 Las Montañas Road, Ste 201, Palm Desert, CA 92211
Main: 760-863-8886
35. All contractors and subcontractors shall have a current City of Palm Desert Business
License prior to permit issuance per PDMC, Title 5.
36. All contractors and/or owner-builders must submit a valid Certificate of Workers’
Compensation Insurance coverage prior to the issuance of a building permit per
California Labor Code, Section 3700.
37. Address numerals shall comply with Palm Desert Ordinance No. 1351 (PDMC 15.28.
Compliance with Ordinance 1351 regarding street address location, dimension, a stroke
Page 541
CITY COUNCIL RESOLUTION NO.
8
of line, distance from the street, height from grade, height from the street, etc., shall be
shown on all architectural building elevations in detail. Any possible obstructions,
shadows, lighting, landscaping, backgrounds, or other reasons that may render the
building address unreadable shall be addressed during the plan review process. The
applicant may request a copy of Ordinance 1351 or PDMC Section 15.28 from the
Building and Safety Division counter staff.
FIRE DEPARTMENT:
38. Fire Hydrants and Fire Flow: An existing fire hydrant capable of providing the minimum
required fire flow appears to be located on Upper Way West; however, since the hydrant
is more than 400 feet from the home, as measured by an approved route, an automatic
fire sprinkler system is required for the home. Fire sprinkler plans shall be submitted to
the Office of the Fire Marshal for review and approval prior to installation. Reference
2019 California Fire Code (CFC) 507.5.1.
39. Fire Department Access: Prior to building permit issuance, a fire access site plan shall
be approved. Electric gates shall be provided with Knox key switches to allow for rapid
emergency access. Manual gates normally maintained locked should be provided with a
Knox Box or Knox padlock. CFC 503.1.1, and 506.1.
40. Gate Access: Electric gate operators shall be provided with Knox key switches. Electric
gate operators shall also be connected to a remote signal receiver compatible for use
with the preemption devices on the Riverside County fire apparatus. The gate shall
automatically open upon receiving a remote signal from the fire apparatus and remain in
the fully open position for a minimum of 30 seconds. Ref. CFC 506.1.
END OF CONDITIONS OF APPROVAL
Page 542
G:\Planning\Case Files\PP\PP 21-0005 - Upper Way West Casita\CC\1. PP 21-0005 - Public Hearing Notice.docx
CITY OF PALM DESERT
PUBLIC HEARING NOTICE
CASE NO. PP21-0005
NOTICE OF A PUBLIC HEARING BEFORE THE CITY OF PALM DESERT CITY COUNCIL TO
CONSIDER A REQUEST BY LEVEL 7, FOR THE ADOPTION OF A NOTICE OF EXEMPTION
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND APPROVAL OF A
HILLSIDE DEVELOPMENT PLAN TO CONSTRUCT A DETACHED CASITA AT 72240 WEST
UPPER WAY.
The City of Palm Desert (City), in its capacity as the Lead Agency for this project under the
California Environmental Quality Act (CEQA), has determined that this project is Categorically
Exempt from CEQA review in accordance with CEQA Guidelines Section 15303: Class 3 – New
Construction or Conversion of Small Structures.
Project Location/Description:
Project Location: 72240 West Upper Way (Assessor’s Parcel Number 628-130-007)
Project Description: The project applicant, Level 7, is requesting a Hillside Development Plan to
construct a detached, single-story, 1,103-square-foot residential casita on a parcel developed
with an existing residential dwelling.
Recommendation: The Planning Commission adopted Resolution No. 2808 recommending
approval to the City Council of the project request, subject to findings and conditions of approval.
Public Hearing: The public hearing will be held before the City Council on April 14, 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 April 4, 2022, to April 14,
2022.
Public Review: The project application is available for public review Monday through Thursday
from 8:00 a.m. to 5:00 p.m. by contacting the project planner Nick Melloni. Please submit written
comments to the Planning/Land Development Division. If any group challenges the action in court,
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 Planning Commission hearing. All comments
and any questions should be directed to:
Nick Melloni, Associate Planner
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
(760) 346-0611, Extension 479
nmelloni@cityofpalmdesert.org
PUBLISH: DESERT SUN ANTHONY J. MEJIA, CITY CLERK
APRIL 3, 2022 CITY OF PALM DESERT, CALIFORNIA
Page 543
Notice of Exemption FORM “B”
NOTICE OF EXEMPTION
TO:
Office of Planning and Research
P. O. Box 3044, Room 113
Sacramento, CA 95812-3044
FROM: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Clerk of the Board of Supervisors
or
County Clerk
County of: Riverside
2724 Gateway Dr, Riverside,
CA 92507
1. Project Title: PP 21-0005
2. Project Applicant: Level 7 - Rodolfo Lizard
3. Project Location – Identify street address and
cross streets or attach a map showing project
site (preferably a USGS 15’ or 7 1/2’
topographical map identified by quadrangle
name):
72240 West Upper Way / APN: 628130007
4. (a) Project Location – City: Palm Desert (b) Project Location – County: Riverside
5. Description of nature, purpose, and
beneficiaries of Project:
The Project is a Hillside Development Plan to
construct a single-story 1,103-square-foot residential
casita on a lot containing an existing primary dwelling.
6. Name of Public Agency approving project: City of Palm Desert
7. Name of Person or Agency undertaking the
project, including any person undertaking an
activity that receives financial assistance
from the Public Agency as part of the activity
or the person receiving a lease, permit,
license, certificate, or other entitlement of use
from the Public Agency as part of the activity:
Rodolfo Lizarde – Level 7
8. Exempt status: (check one)
(a) Ministerial project. (Pub. Res. Code § 21080(b)(1); State CEQA
Guidelines § 15268)
(b) Not a project.
(c) Emergency Project. (Pub. Res. Code § 21080(b)(4); State CEQA
Guidelines § 15269(b),(c))
(d) Categorical Exemption.
State type and section
number:
Class 3 “Construction of Small Structures”; State
CEQA Guidelines §15303
(e) Declared Emergency. (Pub. Res. Code § 21080(b)(3); State CEQA
Guidelines § 15269(a))
(f) Statutory Exemption.
State Code section number:
(g) Other. Explanation: General Rule – Section 15061(b)(3)
9. Reason why project was exempt: This proposal is consistent with the City’s General
Plan and zoning regulations; the project is the
construction of a residential casita on a lot with an
Page 544
Notice of Exemption FORM “B”
existing primary residence.
10. Lead Agency Contact Person: Nick Melloni, Associate Planner
Telephone: (760) 776-6479
11. If filed by applicant: Attach Preliminary Exemption Assessment (Form “A”) before filing.
12. Has a Notice of Exemption been filed by the public agency approving the project? Yes No
13. Was a public hearing held by the lead agency to consider the exemption? Yes No
If yes, the date of the public hearing was: TBD
Signature:__________________________________ Date:_______________
Title:__________________________
Signed by Lead Agency Signed by Applicant
Date Received for Filing:
(Clerk Stamp Here)
Authority cited: Sections 21083 and 21100, Public Resources Code.
Reference: Sections 21108, 21152, and 21152.1, Public Resources Code.
Page 545
Page 546
Page 547
Page 548
Page 549
Page 550
Page 551
Page 552
Page 553
CITY OF PALM DESERT
PALM DESERT PLANNING COMMISSION
MINUTES
TUESDAY, MARCH 1, 2022 – 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
Rosie Lua, Planning Manager
Nick Melloni, 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
Planning Manager Rosie Lua summarized pertinent City Council actions from the meeting
of February 24, 2022.
V. ORAL COMMUNICATIONS
None
Page 554
MINUTES
PALM DESERT PLANNING COMMISSION MARCH 1, 2022
2
VI. CONSENT CALENDAR
A. MINUTES of the Regular Planning Commission meeting of February 1, 2022.
Rec: Approve as presented.
B. REQUEST FOR CONSIDERATION to approve a Parcel Map Waiver application for a
lot line adjustment at 106 Menil Place. Case No. PMW22-0001 (Egan Civil, Inc, Indio,
California).
Rec: By Minute Motion, approve Case No. PMW22-0001.
Upon a motion by Commissioner Gregory, seconded by Commissioner Pradetto 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 of a recommendation to the City Council for the
adoption of a Notice of Exemption in accordance with the California Environmental
Quality Act (CEQA), and approval of a Hillside Development Plan to construct a 1,103-
square-foot casita on a property located at 72240 West Upper Way. Case No. PP21-
0005 (Rodolfo Lizarde-Level 7, Palm Desert, 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 Nick Melloni presented the staff report and offered to answer any
questions.
Vice-Chair Nancy DeLuna commented that she would like the applicant to incorporate all
the Architectural Review Commission (ARC) comments into the plans before staff
presents the project to the City Council.
Page 555
MINUTES
PALM DESERT PLANNING COMMISSION MARCH 1, 2022
3
Chair Greenwood declared the public hearing open and invited public testimony FAVORING
or OPPOSING this matter.
Mr. Mike Reilly, the property owner, Palm Desert, California, thanked the Planning
Commission for their time. He felt that the ARC conditions would make the project better.
Mr. Rodolfo Lizarde, the applicant representing Mr. Reilly, Palm Desert, California, stated
that he would work with the Planning staff regarding the ARC conditions and using the
right materials for the project.
With no further testimony offered, Chair Greenwood declared the public hearing closed.
The Commission felt that the applicant was considerate of making the proposed project
blend in with the hillside.
Commissioner Holt moved to waive further reading and adopt Planning Commission
Resolution No. 2808, approving a recommendation to the City Council to adopt a Notice of
Exemption and approving Case No. PP21-0005. The motion was seconded by Commissioner
Gregory and was carried by a 5-0 vote (AYES: DeLuna, Greenwood, Gregory, Holt, and
Pradetto; NOES: None).
XI. MISCELLANEOUS
None
XII. COMMITTEE MEETING UPDATES
A. CULTURAL ARTS COMMITTEE
Commissioner Lindsay Holt reported that the San Pablo Corridor Art Plan would go to the
City Council for approval.
B. PARKS & RECREATION COMMISSION
Mr. Melloni reported that the Parks and Recreation Commission received an update from
the Cultural Arts Committee, Lupine Plaza, and a Public Works program that would
evaluate sidewalks and bike lanes. The Commission appointed four members to the
Millennium Park Subcommittee.
XIII. REPORTS AND REMARKS
None
Page 556
MINUTES
PALM DESERT PLANNING COMMISSION MARCH 1, 2022
4
XIV. ADJOURNMENT
With the Planning Commission concurrence, Chair Greenwood adjourned the meeting at
6:19 p.m.
JOHN GREENWOOD, CHAIR
ATTEST:
MARTĺN ALVAREZ, SECRETARY
MONICA O’REILLY, RECORDING SECRETARY
Page 557
ARCHITECTURAL REVIEW COMMISSION
NOTICE OF ACTION
February 17, 2022
Rodolfo Lizarde – Level 7
74350 Goleta Avenue
Palm Desert, CA 92260
Subject: Consideration of a recommendation to the Planning Commission for approval of
a Precise Plan for a Hillside Development Plan to construct a 1,103-square-foot casita on
a property located at 72240 Upper Way West.
The Architectural Review Commission of the City of Palm Desert considered your request at its
meeting of February 8, 2022:
By Minute Motion, the Architectural Review Commission approved Case No. PP 21-0005,
subject to the following: 1) Explore other material options for stone veneer detail with
consideration to angular cuts necessary for application of material, if stone veneer is not used
a dark color should be used in this area to assist with breaking up façade; 2) Consider
increasing the massing of areas which the stone veneer is applied; 3) Street exposed windows
should be recessed; 4) Fascia should be a metal material, avoid use of wood; 5) Incorporate
different materials/color for cool roof instead of proposed white to minimize contrast to
surrounding natural environment; and 6) Staff shall develop conditions of approval that assure
all exterior building finishes, paving, ground covers, and re-naturalized slopes are appropriate
to the hillside area prior to the project proceeding to Planning Commission. The motion carried
with a 6-0 vote. (AYES: Lambell, Latkovic, McAuliffe, McIntosh, Vuksic and Van Vliet; NOES:
None; ABSENT: None)
Any appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert
within 15 days of the date of the decision.
If you have any questions, please contact Associate Planner, Nick Melloni, at (760) 346-0611,
Extension 479 or nmelloni@cityofpalmdesert.org.
Sincerely,
ROSIE LUA, SECRETARY
ARCHITECTURAL REVIEW COMMISSION
cc: File
Page 558
CITY OF PALM DESERT
ARCHITECTURAL REVIEW COMMISSION
MINUTES
TUESDAY, FEBRUARY 8, 2022 – 12:30 P.M.
ZOOM VIRTUAL MEETING
CITY OF PALM DESERT, CA
I. CALL TO ORDER
Chair Van Vliet called the meeting to order at 12:34 p.m.
II. ROLL CALL
Current Meeting Year to Date
Commissioners Present Absent Present Absent
Chris Van Vliet, Chair X 13 0
Karel Lambell, Vice Chair X 13 0
Nicholas Latkovic X 13 0
Michael McAuliffe X 13 0
Jim McIntosh X 13 0
Juan Mireles (Resigned) 8 1
John Vuksic X 12 1
Also Present:
Rosie Lua, Principal Planner
Kevin Swartz, Associate Planner
Nick Melloni, Associate Planner
Mitchell Wexler, Assistant Planner
Melinda Gonzalez, Recording Secretary
III. ORAL COMMUNICATIONS
Principal Planner, Rosie Lua, read aloud oral communications advising the public of
their opportunity to speak on items not on the agenda at this time in the meeting. No
public comments were provided.
IV. APPROVAL OF MINUTES
A. MINUTES of the Architectural Review Commission meeting of January 25, 2022.
Rec: Approve as presented.
Page 559
MINUTES
ARCHITECTURAL REVIEW COMMISSION FEBRUARY 8, 2022
2
Upon a motion by Vice Chair Lambell, seconded by Commissioner Vuksic,
and a 6-0 vote of the Architectural Review Commission, the minutes for January
25, 2022, were approved as presented. (AYES: Lambell, Latkovic, McAuliffe,
McIntosh, Van Vliet and Vuksic; NOES: None; ABSENT: None).
V. CASES
It should be noted, associated staff reports, memos, attachments, and discussion on
the following items can be viewed by visiting the Architectural Review Commission
Information Center website at, https://www.cityofpalmdesert.org/our-city/committees-
and-commissions/architectural-review-commission-information-center.
A. FINAL DRAWINGS
1. CASE NO: MISC 21-0032
NATURE OF PROJECT/APPROVAL SOUGHT: Consideration to approve a
request to modify the architecture for an approved 388-unit multi-family
apartment community, PP/CUP 16-394, formerly known as “The Sands”
apartments located on a vacant 18.13-acre parcel on the south side of Hovley
Lane East.
APPLICANT AND ADDRESS: Bravo Gardens Apartments LLC, Palm Desert,
CA 92260
LOCATION: SE Corner of Hovley Lane East and Jasmine Court
ZONE: PR-17.5
Associate Planner, Nick Melloni, presented the item. Mr. Melloni noted this item
previously appeared before the Commission on December 14, 2021 and was
continued with numerous comments from the Commission for the applicant to
address. Mr. Melloni advised the applicant provided a letter with responses to
each of the comments from the Commission which was included in their
resubmittal. Mr. Melloni turned the presentation over to the applicant and their
architect, Vince Chupka, who answered questions from the Commission and
provided additional details on the proposed architectural modifications to the
project’s residential buildings and clubhouse.
Discussion on the item ensued with Commissioners providing comments and
concerns for the project. Principal Planner, Rosie Lua, invited comments from
the public, to which there were none.
Upon a motion by Commissioner Vuksic, seconded by Commissioner
Latkovic, and a 5-1 vote of the Architectural Review Commission, Case No.
MISC 21-0032, was approved subject to the following: 1) Revisit prominent
architectural forms, massing and breaks in plane, with particular attention to
details that cover multiple stories, proportion, depth, and size; 2) Revisit three-
story arch design, consider the use of a base or other elements to provide more
mass to the outer plane of the arch; 3) Revisit and increase depth of 6-inch wall
Page 560
MINUTES
ARCHITECTURAL REVIEW COMMISSION FEBRUARY 8, 2022
3
masses; 4) Explore alternative options for placement of mechanical equipment
to avoid overcrowding and excessive noise; 5) All mechanical equipment
should be properly screened with access for service, use of other methods of
screening in addition to landscape is encouraged; 6) Applicant will work with
Planning staff to develop a landscape maintenance agreement which will
ensure the upkeep of landscape utilized for screening and as a buffer between
the project and Via Venezia; and 7) Project will be reviewed by staff and return
to the ARC should there be any items that cannot be resolved with Applicant.
(AYES: Lambell, Latkovic, McAuliffe, Vuksic and Van Vliet; NOES: McIntosh;
ABSENT: None)
A. PRELIMINARY PLANS
1. CASE NO: PP 22-0001
NATURE OF PROJECT/APPROVAL SOUGHT: Consideration of a
recommendation to the Planning Commission for approval of a Precise Plan
and Environmental Assessment to construct a new administrative facility
building, storage building, parking lot expansion for The Living Desert Zoo &
Gardens located at 47900 Portola Avenue.
APPLICANT AND ADDRESS: PVG Architects, Palm Desert CA 92260
LOCATION: 47900 Portola Avenue ZONE: P
Commissioner Vuksic advised the Commission his firm is representing the
applicant. Commissioner Vuksic recused himself for this item due to a conflict
of interest.
Associate Planner, Nick Melloni, presented the item. Mr. Melloni mentioned this
expansion project is in addition to the master plan for The Living Desert; a three
phased project approved by the Planning Commission in 2015. Mr. Melloni
turned the presentation over to the applicant and architect John Greenwood of
PVG Architects, who answered questions from the Commission and provided
additional details on the proposed project.
In response to inquiry by Vice Chair Lambell, Mr. Greenwood explained there
are a couple of places on the facilities building which provide an alternate
option for materials. These alternates are included for approval to allow room
for a budget friendly option should there be a need. He further added there is
no change in the architecture, just the materials.
Discussion on the item ensued with Commissioners providing comments and
concerns for the project. Principal Planner, Rosie Lua, invited comments from
the public, to which there were none.
Upon a motion by Chair Van Vliet, seconded by Vice Chair Lambell, and a
5-0 vote of the Architectural Review Commission, Case No. PP 22-0001, was
approved as presented. (AYES: Lambell, Latkovic, McAuliffe, McIntosh, and
Van Vliet; NOES: None; ABSENT: Vuksic)
Page 561
MINUTES
ARCHITECTURAL REVIEW COMMISSION FEBRUARY 8, 2022
4
2. CASE NO: PP 21-0005
NATURE OF PROJECT/APPROVAL SOUGHT: Consideration of a
recommendation to the Planning Commission for approval of a Precise Plan
for a Hillside Development Plan to construct a 1,103-square-foot casita on a
property located at 72240 Upper Way West.
APPLICANT AND ADDRESS: Level 7 - Palm Desert, CA 92260
LOCATION: 72240 Upper Way West ZONE: HPR
Commissioner Vuksic rejoined the meeting. Associate Planner, Nick Melloni,
presented the item. Mr. Melloni noted this item was reviewed by the ARC for
discussion only in April 2021. Staff is recommending approval based on the
findings and subject to the ARC’s direction for staff to develop conditions of
approval to ensure the re-naturalization and incorporation of grading practices
that preserve a natural appearance to the hillside area prior to the project
proceeding to Planning Commission. Mr. Melloni turned the presentation over
to the applicant, Rodolfo Lizarde, and owner, Mike Reilly, who answered
questions from the Commission and provided additional details on the
proposed project.
Discussion on the item ensued with Commissioners providing comments and
concerns for the project. Principal Planner, Rosie Lua, invited comments from
the public, to which there were none.
Upon a motion by Vice Chair Lambell, seconded by Commissioner
McAuliffe, and a 6-0 vote of the Architectural Review Commission, Case No.
PP 21-0005, was approved subject to the following: 1) Explore other material
options for stone veneer detail with consideration to angular cuts necessary for
application of material, if stone veneer is not used a dark color should be used
in this area to assist with breaking up façade; 2) Consider increasing the
massing of areas which the stone veneer is applied; 3) Street exposed windows
should be recessed; 4) Fascia should be a metal material, avoid use of wood;
5) Incorporate different materials/color for cool roof instead of proposed white
to minimize contrast to surrounding natural environment; and 6) Staff shall
develop conditions of approval that assure all exterior building finishes, paving,
ground covers, and re-naturalized slopes are appropriate to the hillside area
prior to the project proceeding to Planning Commission. (AYES: Lambell,
Latkovic, McAuliffe, McIntosh, Vuksic and Van Vliet; NOES: None; ABSENT:
None)
B. MISCELLANEOUS ITEMS
None
VI. COMMENTS
Principal Planner, Rosie Lua, provided an update for the Desert Surf project. At the
meeting held January 27, 2022, the City Council approved the DSRT Surf project with
no conditions and a Development Agreement. Currently, DSRT Surf is through their
Page 562
MINUTES
ARCHITECTURAL REVIEW COMMISSION FEBRUARY 8, 2022
5
first plan check and have recently submitted their building plans including the hotel,
surf center, surf lagoon, and all off-site improvement. Anticipated completion for the
project is 2024.
Associate Planner, Kevin Swartz, provided an update on Avenida, Palm Desert. Last
week staff and Commissioner McAuliffe met with the project architect who put together
3-D modeling and will formally submit renderings to staff soon. Once provided, staff
will review and circulate to the subcommittee members, Commissioners’ McAuliffe and
Vuksic, for review as well. Staff feels they are close to an approvable submittal.
Ms. Lua moved onto the next item, an update on the Cultural Arts Committee.
Commissioner Vuksic reported the next regularly scheduled Cultural Arts Committee
meeting is February 9, 2022. Ms. Lua informed the Cultural Arts Committee recently
held a special meeting to provide guidance on how to move forward with art pieces,
including the rules and regulations, selection and/or voting process.
Ms. Lua provided an update on Lincoln elementary school’s exterior paint color. The
school has plans to repaint the wall a lighter gray color soon, however, currently it
remains a dark color.
Ms. Lua introduced the next topic, the home addition being constructed on El Cortez.
Staff recalled this item was reviewed as a discussion item by the ARC a while back.
At that time, the area had just been changed to an R2 zone, previously R1 zone, which
changed the development standards. With new development standards for this area,
staff brought the project to the Commission for a courtesy review and feedback. The
project did not return to the ARC for review because it met the development standards
as a permitted use, allowing approval at staff level. Commissioner McIntosh asserted
his discontentment for the approval of construction for this project which the
Commission had expressed numerous concerns for when providing feedback.
Commissioner McIntosh inquired as to whether the City will reevaluate the situation.
Ms. Lua advised she has been tasked to study and reevaluate the R2 zone. In reply
to inquiry by Chair Van Vliet, to make changes staff would need to recommend a
zoning change to the Planning Commission and then City Council for approval. Staff
would need to complete a study to determine what would be presented to the Planning
Commission and City Council for consideration to address concerns for the entire R2
zone.
VII. ADJOURNMENT
With Architectural Review Commission concurrence, Chair Van Vliet adjourned the
meeting at 3:16 p.m.
Rosie Lua, Secretary
Melinda Gonzalez, Recording Secretary
Page 563
72240 UPPER WAYOWNER/APPLICANT :72240 UPPER WAYPALM DESERT, CA 92260MICHAEL & TREA REILLYOCCUPANCY :PROJECT ADDRESS :SINGLE FAMILYAREA TABULATIONS:PROPOSED GUEST HOUSE:1,103 SQ.FT. TYPE V NON - RATEDPALM DESERT, CA 92260APN # 628-130-007FEMA FLOOD DESIGNATION:PROJECT AREAS:TOTAL LOT AREA: 220,553.33 SF 100 %EXISTING RESIDENCE & GARAGE:2,873 +/- SF 1.30EXISTING PAVEMENT: 2,067 +/- SF 0.94%PROPOSED CASITA: 1,103 +/- SF 0.50%PROPOSED PAVEMENT: 2,550 +/- SF 1.16%PROPOSED TOTAL COVERAGE: 8,602 +/- SF 3.90%BUILDING TYPE: RESIDENTIALBUILDING AREA: 1,103 SF .50% PRIVATERODOLFO LIZARDE A Guest HouseReilly Residencefor72-240 Upper WayCover SheetC-1GENERALPrecise Grading Plan1 of 3Precise Grading Plan2 of 3Floor PlanA2.0Roof PlanA2.1ElvetaionsA3.0 Cover Sheet - LandscapeCS-1Irrigation PlanIR-1Irrigation DetailsIR-2Planting PlanP-1Planting DetailsP-2Precise Grading Plan3 of 3Page 564
BEDROOM #2BEDROOM #1SITTING ROOMBATH #2BATH #1FLOOR PLANSCALE: 1/4" = 1'-0"LAUNDRYENTRYRODOLFO LIZARDEPage 565
ROOF PLANSCALE: 1/4" = 1'-0"BUILT-UP ROOFING SPECIFICATION AND NOTES:RODOLFO LIZARDEPage 566
SCALE: 1/4"=1'-0"CASITA - FRONT ELEVATIONSCALE: 1/4"=1'-0"CASITA - RIGHT ELEVATIONSCALE: 1/4"=1'-0"CASITA - REAR ELEVATIONSCALE: 1/4"=1'-0"CASITA - LEFT ELEVATIONRODOLFO LIZARDEPage 567
RODOLFO LIZARDEPage 568
Page 569
Page 570
Page 571
Page 572
Page 573
BEDROOM
#2BEDROOM
#1SI
TT
ING
ROOMBATH
#2BATH
#1LIMIT OF WORKL
IM
I
T
O
F
WORKLIMIT OF WORKLIMIT OF WORKCOVER SHEET
IRRIGATION DETAILS
PLANTING PLAN
SHEET DESCRIPTION
P-1
IR-2
IR-1
SHEETNO.
CS-1
PLANTING DETAILSP-2
REILLY RESIDENCE
LANDSCAPE PLANS
PALM DESERT, CALIFORNIA
IRRIGATION PLAN
N.T.S.COVER SHEETCS-1COVER SHEET
NAME:
ADDRESS:
EMAIL:
MICHAEL REILLY
72-240 UPPER WAY W. PALM DESERT CA, 92260
REILLY.M@LANEPOWELL.COM
I-10 FR
E
E
W
A
Y
72-240 UPPER WAY WEST
PALM DESERT, CA 92260 REILLY RESIDENCE78-060 Calle Estado Suite #16
La Quinta, California 92253
(760) 698-9696
RAY@RAYMARTINDESIGN.COM
RAY MARTIN DESIGN CORP.
Landscape Design / Management
NORTH RMDCCVWD NOTATION:
NO PERMANENT STRUCTURES OR TREES WITHIN CVWD AND/OR USBR EASEMENTS.
CVWD WILL NOT BE RESPONSIBLE FOR DAMAGE OR REPLACEMENT OF ANY SURFACE
IMPROVEMENTS, INCLUDED BUT NOT LIMITED TO, DECORATIVE CONCRETE,
LANDSCAPING, CURB GUTTER,SIDEWALKS, PLANTERS, GATES AND RELATED
IMPROVEMENTS INSTALLED WITHIN CVWD AND/OR USBR EASEMENTS.
NO TREES TO BE LOCATED WITHIN 15 FEET OF CVWD
IRRIGATION, SEWER AND WATERLINES
REILLY RESIDENCE
LOT 57 OF SECTION 30, T5S, R6E, SBM
APN: 628-130-007
JOBSITE
I-10 FR
E
E
W
A
Y
Page 574
RAINBIRD
NON-PRESSURE LATERAL LINE PIPING - PVC SCHEDULE 40 (ALL PVC)
PROPOSED 3/4" HOUSE WATER METER, IRRIGATION POINT OF CONNECTION - TO BE INSTALLED BY CVWD
PIPE SLEEVING SHALL OCCUR UNDER ALL MAJOR HARDSCAPE. SLEEVING SHALL BE SCH. 40 PVC AT 2X THE DIAMETER OF THE PIPE.
EXISTING PRESSURE MAINLINE PIPING, VERIFY EXACT LOCATION IN FIELD. SCHEDULE 40 PVC
#MIP-1000-T
RAINBIRD
A
KBI
INDICATES ELECTRIC CONTROL VALVE SIZE
INDICATES FLOW IN GALLONS PER MINUTE
INDICATES ZONE TYPE
INDICATES CONTROLLER NUMBER
XB-10-PC-1032
BALL VALVE (FULL PORT). REFER TO DETAIL "B" ON IRRIGATION DETAIL SHEET IR-2
RAINBIRD
RAINBIRD
1400 SERIES
XB-SERIES
BUBBLER 1402 FULL250.50 GPM-
30-1 GPH -
XB-20-PC-1032RAINBIRDXB-SERIES 30-2 GPH -
RAINBIRD ( 6 ) STATION CONTROLLER - WALL MOUNTED RESIDENTIAL CONTROLLER. (OUTDOOR MODEL)ESP-LXME
WITH RSD SERIES RAIN SENSOR AND FLOW SENSOR, REFER TO DETAIL "E" ON IRRIGATION DETAIL SHEET IR-2
DRIPZONE
DRIPZONE
FEBCO PROPOSED 1-1/2" BACK FLOW PREVENTER, INSTALLED BY PRIVATE CONTRACTOR825Y
NOTED ON PLAN.
ELECTRIC CONTROL VALVE FOR TREE BUBBLERS, SIZE AS 100-DV
XERIGATION CONTROL VALVE KIT FOR DRIP AREAS - SIZE INDICATED ON PLANXCZ-100-PRF
DRIP EMITTER
LOW WATER USE
DRIP EMITTER
MOD WATER USE
BEDROOM #2BEDROOM #1SITT
ING
ROOMBATH #2BATH #1LIMIT OF WORKL
IM
IT
OF
WORKLIMIT OF WORKLIMIT OF WORKBEDROOM #2BEDROOM #1SITT
ING
ROOMBATH #2BATH #1LIMIT OF WORKL
IM
IT
OF
WORKLIMIT OF WORKLIMIT OF WORKDRIP Z
O
N
E:
1
A
D
R
I
P
Z
O
N
E
:
1
A
DRIP Z
O
N
E:
2
A
.3A
1"
2
TREESPALMS/
.2A
1"
2
.1A
1"
2
DRIP/
SHRUBS
DRIP/
SHRUBS
PIPE SIZING CHART
SYSTEM DETAIL 'L' SHEET LI-10.
REFER TO PLANT LIST / EMITTER SCHEDULEFOR EMITTER MODEL # AND GPH FOREACH PLANT SPECIES SHEET LI-10.
REFER TO EXAMPLE DRIP EMITTER LATERAL
1"
1-1/2"
1-1/4"
2"
PIPE SIZE
3/4"
1/2"
16 GPM
40 GPM
26 GPM
60 GPM
MAX. ALLOWABLE FLOW
10 GPM
5 GPM
1/8" = 1'-0"IRRIGATION PLANIR-1IRRIGATION PLAN
HYDROZONE INFORMATION TABLE
Proposed 3/4" Water Meter Irrigation Point of Connection
Controller
No.
Valve Circuit
No.
Plant
Types
Irrigation
Method
Area
(sf)
% of Landscape
Area
TOTAL
1
2
3
A
Low/Mod Drip
Drip
450
8,900
5%
100%
A
A
Low/Mod 1,957 22%
2,870 32%
LOW WATER USING PLANTS-ETWU. = 58.00 x .2 x 4,977 x .62 / 748 / .9 = 53.17
TOTAL ESTIMATED WATER USE = 61.18
MAXIMUM ALLOWABLE WATER USEAGE = 58.00 x .45 x 8,900 x .62 / 748 = 192.53
MODERATE WATER USING PLANTS-ETWU. = 58.00 x .5 x 300 x .62 / 748 / .9 = 8.01
CAHUILLA HILLS PALM DESERT
NON-IRRIGATED LANDSCAPE AREA (D.G. OR SYN-LAWN ONLY)-
D.G. OR SYN-LAWN (NON-IRRIGATED) LANDSCAPE AREA 41%
BubblerHigh
3,623
3,623 SQFT.
CVWD WATER CALCULATIONS - ZONE 2
0
GRAPHIC SCALE
8 16 32
1/8" = 1'-0"
72-240 UPPER WAY WEST
PALM DESERT, CA 92260 REILLY RESIDENCE78-060 Calle Estado Suite #16
La Quinta, California 92253
(760) 698-9696
RAY@RAYMARTINDESIGN.COM
RAY MARTIN DESIGN CORP.
Landscape Design / Management
NORTH RMDCCVWD NOTATION:
NO PERMANENT STRUCTURES OR TREES WITHIN CVWD AND/OR USBR EASEMENTS.
CVWD WILL NOT BE RESPONSIBLE FOR DAMAGE OR REPLACEMENT OF ANY SURFACE
IMPROVEMENTS, INCLUDED BUT NOT LIMITED TO, DECORATIVE CONCRETE,
LANDSCAPING, CURB GUTTER,SIDEWALKS, PLANTERS, GATES AND RELATED
IMPROVEMENTS INSTALLED WITHIN CVWD AND/OR USBR EASEMENTS.
NO TREES TO BE LOCATED WITHIN 15 FEET OF CVWD
IRRIGATION, SEWER AND WATERLINES
REILLY RESIDENCE
LOT 57 OF SECTION 30, T5S, R6E, SBM
APN: 628-130-007
Page 575
REF.
B MAINLINE ISOLATION VALVE
I-3 AS01 SCALE:N.T.S.
REF.
F QUICK COUPLER VALVE
I-3 AS01 SCALE:N.T.S.
REF.
G PIPE / WIRE / SLEEVE INSTALLATION
I-3 AS01 SCALE:N.T.S.
REF.
E WALL-MOUNT CONTROLLER / WIRELESS ET SENSOR
I-3 AS01 SCALE:N.T.S.
48"
SECTION/ELEVATION
LEGEND
1.WIRELESS 'ET' SENSOR :MODEL WSS-SEN. INSTALL SENSOR UP TO
800' FROM RECEIVER (LINE OF SIGHT). PRACTICAL INSTALLATION -
UP TO 200'
2.SUITABLE POST, POLE, OR ROOF GUTTER MOUNT. MOUNT IN
LOCATION WHERE SENSOR CAN RECEIVE FULL SUN, IS OPEN TO
RAINFALL AND OUT OF SPRINKLER SPRAY PATTERN
3. FINISH GRADE
4.BUILDING FLOOR BY OTHERS OR FINISH GRADE FOR OUTSIDE WALL
MOUNT
5.LOW VOLTAGE CONTROL WIRE IN RIGID PVC CONDUIT PVC
ELECTRICAL SWEEP EL
6.WIRELESS SOLAR SYNC RECEIVER MOUNTED ON WALL NEXT TO
CONTROLLER
7.SOLAR SYNC MODULE MOUNTED INSIDE CONTROLLER
8.CONTROLLER
9.117v POWER SOURCE IN RIGID ELECTRICAL CONDUIT
10.120 VOLT POWER SUPPLY IN J-BOX, BY OTHERS. REFER TO
ELECTRICAL PLAN
11. RIGID ELECTRICAL CONDUIT (1/2") FOR UNDERGROUND RUN IF
SPECIFIED, BY OTHERS. REFER TO ELECTRICAL PLAN
1
2
6
7
8
9 5
4
10
11
3
2"
SECTION/ELEVATION
NOTES:
A.SET TOP OF VALVE BOX 1/2" ABOVE FINISHED GRADE IN TURF AREAS.
B.IN SHRUB AREAS INSTALL VALVE BOX 2" ABOVE SOIL LEVEL OR 1" ABOVE MULCH LAYER, WHICHEVER
IS HIGHER.
LEGEND
1.QUICK COUPLING VALVE. SEE
LEGEND FOR SPECIFICATION
2. PVC SCH 80 NIPPLE- QCV SIZEx 3"
3. PVC SCH 40 EL, TxT
4. PVC SCH 40 ST. EL (2 REQ.)
5.PVC SCH 80 NIPPLE- QCV SIZEx12"
6. PVC SCH 40 FITTING, TEE / ELL
7. DRIPLINE PVC EXHAUST MANIFOLD
8. #4 REBAR 36" MIN. LENGTH
9. LANDSCAPE FABRIC
10.SUPPORT BRICKS (3 REQ.)
11.3/4" CRUSHED GRAVEL, MIN. 1 CUBIC
FOOT
12. STAINLESS STEEL CLAMP (2 REQ.)
13. FINISH GRADE
14. 10" ROUND SPECIFICATION GRADE
VALVE BOX WITH "T" COVER. HEAT
BRANDED MARKED "FV"
TAN IN 'DG' & GREEN IN LAWN.
13
12
11
8
14
9
1
10
5
1/2"
74
6
3
2
4
2" MIN6" MAX
REF.
A VALVE BOX LOCATION
I-3 AS01 SCALE:N.T.S.
CL
6"MAX.
SECTION/ELEVATION
LEGEND
1.PVC MAINLINE PIPE / MANIFOLD SUBMAIN
PIPE. SEE LEGEND FOR DEPTH AS PER
SPECIFICATION
2.LANDSCAPE FABRIC, MINIMUM 4.5 OZ.
MATERIAL. SEE SPECIFICATIONS FOR
APPROVED TYPE
3. PVC SCH 80 COMPACT BALL VALVE, INSTALL
VALVE CENTERED IN BOX. REFER TO LEGEND
FOR SPECIFICATION
4.8" ASTM D3034 PVC SEWER PIPE, LENGTH AS
REQUIRED. CENTER PIPE OVER BALL VALVE.
USE FABRIC TO FILL IRREGULARITIES
5.3/4" CRUSHED GRAVEL, FILL TO 2" BELOW
TOP OF SLEEVE AND 3" BELOW BALL VALVE
FOR SUPPORT
6. SUPPORT BRICKS, MIN. 4 REQ.
7. SITE SOIL
8. FINISH GRADE
9. 12" RECTANGULAR SPECIFICATION GRADE
VALVE BOX WITH BOLT DOWN 'T' COVER.
HEAT BRAND "BV" ONTO LID. REFER TO
LEGEND FOR SPECIFICATION. TAN IN 'DG' &
GREEN IN TURF.
1
6
7
9
2
3
5
4
8
2"
1/2"
2"
NOTES:
A.CONTRACTOR TO PROVIDE ONE STANDARD 30 INCH
SPRINKLER KEY WRENCH FOR THE OPERATION OF BALL
VALVES.
B.IN SHRUB AREAS INSTALL VALVE BOX 2" ABOVE SOIL
LEVEL OR 1/2" ABOVE MULCH LAYER, WHICHEVER IS
HIGHER.
LEGEND
1. RCV HEAT BRANDED ON TO
VALVE BOX LID
2. APPROPRIATE STATION NUMBER
HEAT BRANDED ON TO VALVE
BOX LID
3.RECTANGULAR SPECIFICATION
GRADE VALVE BOX, TYP.
4.QUICK COUPLING VALVE BOX,
TYP.
12"
12"
12" TYP.12"12"
PLAN VIEW RCVRCVQCV
A1
RCVA2 A3
NOTES:
A.CENTER VALVE BOX OVER REMOTE CONTROL VALVE
TO FACILITATE SERVICING VALVE.
B.SET RCV AND VALVE BOX ASSEMBLY IN
GROUND-COVER/SHRUB AREA WHERE POSSIBLE.
C.SET BOXES PARALLEL TO EACH OTHER AND
PERPENDICULAR TO EDGE.
D.AVOID HEAVILY COMPACTING SOIL AROUND VALVE
BOXES TO PREVENT COLLAPSE AND DEFORMATION OF
VALVE BOXES.
2 3
EDGE OF SIDEWALK
1
SECTION/ELEVATION
DEPTH
WIRING
6" & LARGER
3" & 4"
21/2" & SMALLER
-
18"
12"
- -
24"
24"
36"
BESIDE
24"
24"
36"
A B C D
36"
30"
24"
-
36"
E F
36"
36" 36"
30"30"
-MAIN MAINBESIDE
NOTES:
A.LINES MUST HAVE MIN. CLEARANCE OF
4" FROM EACH OTHER & 24" FROM
OTHER TRADES
B. RUN WIRING BESIDE MAINLINE AT
LOCATION SHOWN, TAPE & BUNDLE @ 10'
O.C.
C.TIE A 24" LOOP IN ALL WIRING AT
CHANGES IN DIRECTION
D.ALL SLEEVES MUST BE 2X THE DIAMETER
OF THE PIPE WITHIN
E.ALL SLEEVES MUST HAVE FOAM
LEGEND
1. UNDISTURBED SOIL
2. COMPACTED BACKFILL
3.LATERAL LINE
4.CONTROL WIRING
5. MAINLINE TRACER TAPE
OR AWG #6 BARE
COPPER TRACER WIRE,
REFER TO LEGEND FOR
SPECIFICATION
F
D
E
C
B
A
1 2 3 4 5
7
2
8
9
10
11
6
SEALANT INSIDE PIPE
F. ALL SLEEVES MUST EXTEND 12" MIN.
DISTANCE PAST EDGE OF ROADWAY,
CURB, OR SIDEWALK
G.CONTRACTOR MUST ADJUST MAINLINE
AROUND ALL STREET LIGHT LOCATIONS,
LIGHT BOLLARDS, TREE ROOT BALLS,
(MIN. 5' CLEARANCE), AND OTHER
OBSTACLES
6. PVC MAINLINE, SEE
LEGEND FOR
SPECIFICATION
7. HARDSCAPE / PAVING
8. SAND BACKFILL
9.LATERAL SLEEVE
10.MAINLINE SLEEVE
11.WIRE SLEEVE
RAIN BIRD PESB-PRS-D
WIRE, COILED
ID TAG: RAIN BIRD VID SERIES
VALVE BOX WITH COVER:
WATERPROOF CONNECTION
RAIN BIRD SPLICE-1 (1 OF 2)
FINISH GRADE/TOP OF MULCH
PVC SCH 40 ELL
PVC SCH 80 NIPPLE (CLOSE)
PVC SCH 80 NIPPLE
(LENGTH AS REQUIRED)
PVC MAINLINE PIPE
PVC SCH 40 TEE OR ELL
BRICK (1 OF 4)
1
2
3
5
6
4
7
8
10
9
11
12
13
14
15
16
LENGTH, HIDDEN) AND
RAIN BIRD PESB
WITH NP-HAN
30-INCH LINEAR LENGTH OF
REMOTE CONTROL VALVE:
RAIN BIRD VB-STD
SCH 80 NIPPLE (2-INCH
SCH 40 ELL
PVC SCH 40 MALE ADAPTER
PVC LATERAL PIPE
3.0-INCH MINIMUM DEPTH OF
3/4-INCH WASHED GRAVEL
REF.
D ELECTRIC REMOTE-CONTROL VALVE
I-3 AS01 SCALE:N.T.S.
LEGEND
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
FINISH GRADE/TOP OF MULCH
VALVE BOX WITH COVER:
RAIN BIRD VB-STD
30-INCH LINEAR LENGTH OF WIRE, COILED
WATERPROOF CONNECTION:
RAIN BIRD DB SERIES
1-INCH BALL VALVE (INCLUDED IN
XCZ-PRB-100-COM KIT)
ID TAG
REMOTE CONTROL VALVE:
RAIN BIRD PESB (INCLUCED IN
XCZ-PRB-100-COM KIT)
PRESSURE REGULATING QUICK CHECK
BASKET FILTER:
RAIN BIRD PRB-QKCHK-100
(INCLUDED IN XCZ-PRB-100-COM KIT)
PVC SCH 40 FEMALE ADAPTOR
LATERAL PIPE
PVC SCH 80 NIPPLE (LENGTH AS REQUIRED)
PVC SCH 40 ELL
PVC SCH 80 NIPPLE (2-INCH LENGTH, HIDDEN)
AND PVC SCH 40 ELL
PVC SCH 40 TEE OR ELL
MAINLINE PIPE
3-INCH MINIMUM DEPTH OF 3/4-INCH WASHED
GRAVEL
PVC SCH 80 NIPPLE, CLOSE (INCLUDED IN
XCZ-PRB-100-COM KIT)
REF.
C DRIP SYSTEM VALVE
I-3 AS01 SCALE:N.T.S.
LEGEND
AND RESULTS RETURNED TO LANDSCAPE DESIGNER* PERCOLATION TEST TO BE DONE FOR DEEP WATERING
SET ON UNDISTURBED NATIVE SOIL
TREE PIT PER PLANTING DETAILS.
PVC LATERAL PER PLAN.
PVC RISER - SCH. 80
MARLEX 90 DEG. STREET ELL. JOINT
FINISH GRADE
TREE OR PALM ROOT BALL
TREE OR PALM TRUNK
LEGEND
RAINBIRD 1402 BUBBLER.
N.T.S.IRRIGATION DETAILSIR-2IRRIGATION DETAILS72-240 UPPER WAY WEST
PALM DESERT, CA 92260 REILLY RESIDENCE78-060 Calle Estado Suite #16
La Quinta, California 92253
(760) 698-9696
RAY@RAYMARTINDESIGN.COM
RAY MARTIN DESIGN CORP.
Landscape Design / Management
NORTH RMDCCVWD NOTATION:
NO PERMANENT STRUCTURES OR TREES WITHIN CVWD AND/OR USBR EASEMENTS.
CVWD WILL NOT BE RESPONSIBLE FOR DAMAGE OR REPLACEMENT OF ANY SURFACE
IMPROVEMENTS, INCLUDED BUT NOT LIMITED TO, DECORATIVE CONCRETE,
LANDSCAPING, CURB GUTTER,SIDEWALKS, PLANTERS, GATES AND RELATED
IMPROVEMENTS INSTALLED WITHIN CVWD AND/OR USBR EASEMENTS.
NO TREES TO BE LOCATED WITHIN 15 FEET OF CVWD
IRRIGATION, SEWER AND WATERLINES
REILLY RESIDENCE
LOT 57 OF SECTION 30, T5S, R6E, SBM
APN: 628-130-007
Page 576
4'3' 2'BEDROOM #2BEDROOM #1SITTING ROOMBATH #2BATH #1LIMIT O
F
W
O
R
KLIMIT OF WORKLIMIT OF WORKLI
M
I
T
O
F
W
O
R
K
1/8" = 1'-0"PLANTING PLANP-1PLANTING PLAN0GRAPHIC SCALE8 16321/8" = 1'-0"72-240 UPPER WAY WESTPALM DESERT, CA 92260REILLY RESIDENCE78-060 Calle Estado Suite #16La Quinta, California 92253(760) 698-9696RAY@RAYMARTINDESIGN.COMRAY MARTIN DESIGN CORP.Landscape Design / ManagementNORTHRMDCCVWD NOTATION:NO PERMANENT STRUCTURES OR TREES WITHIN CVWD AND/OR USBR EASEMENTS.CVWD WILL NOT BE RESPONSIBLE FOR DAMAGE OR REPLACEMENT OF ANY SURFACEIMPROVEMENTS, INCLUDED BUT NOT LIMITED TO, DECORATIVE CONCRETE,LANDSCAPING, CURB GUTTER,SIDEWALKS, PLANTERS, GATES AND RELATEDIMPROVEMENTS INSTALLED WITHIN CVWD AND/OR USBR EASEMENTS.NO TREES TO BE LOCATED WITHIN 15 FEET OF CVWDIRRIGATION, SEWER AND WATERLINESREILLY RESIDENCELOT 57 OF SECTION 30, T5S, R6E, SBMAPN: 628-130-007Page 577
N.T.S.PLANTING DETAILSP-2PLANTING DETAILS72-240 UPPER WAY WEST
PALM DESERT, CA 92260 REILLY RESIDENCE78-060 Calle Estado Suite #16
La Quinta, California 92253
(760) 698-9696
RAY@RAYMARTINDESIGN.COM
RAY MARTIN DESIGN CORP.
Landscape Design / Management
NORTH RMDCCVWD NOTATION:
NO PERMANENT STRUCTURES OR TREES WITHIN CVWD AND/OR USBR EASEMENTS.
CVWD WILL NOT BE RESPONSIBLE FOR DAMAGE OR REPLACEMENT OF ANY SURFACE
IMPROVEMENTS, INCLUDED BUT NOT LIMITED TO, DECORATIVE CONCRETE,
LANDSCAPING, CURB GUTTER,SIDEWALKS, PLANTERS, GATES AND RELATED
IMPROVEMENTS INSTALLED WITHIN CVWD AND/OR USBR EASEMENTS.
NO TREES TO BE LOCATED WITHIN 15 FEET OF CVWD
IRRIGATION, SEWER AND WATERLINES
REILLY RESIDENCE
LOT 57 OF SECTION 30, T5S, R6E, SBM
APN: 628-130-007
Page 578
REILLY CASITA LINE OF SIGHT MAP
IN PALM DESERT, CALIFORNIA
1000 ft
N➤➤N
Page 579
REILLY CASITA LINE OF SIGHT PERSPECTIVE
IN PALM DESERT, CALIFORNIA
500 ft
N ➤➤N
Image Landsat / Copernicus
Image Landsat / Copernicus
Image Landsat / Copernicus Page 580
Page 581
Page 582
Page 583
Page 584
Page 585
Page 586
Page 587
Page 588
Page 589
Page 590
Page 591
Page 592
STAFF REPORT
CITY OF PALM DESERT
BUILDING AND SAFETY DIVISION
MEETING DATE: April 14, 2022
PREPARED BY: Jason Finley, Chief Building Official
REQUEST: Approve Resolution No. 2022-___ approving an Historic District
Designation for Sandpiper Condominiums Circle #1 Located on El
Paseo
________________________________________________________________
Recommendation
Waive further reading and adopt Resolution No. 2022-___, reaffirming the actions of the Cultural
Resources Preservation Committee, designating the Sandpiper Condominiums Circle #1, located
on El Paseo, with a Historic District designation in accordance with Section 29.50.010 of the Palm
Desert Municipal Code (PDMC).
Strategic Plan
The Archaeological and Cultural Resources Element is directly related to the Land Use, Open
Space and Conservation and Arts and Culture Elements of the General Plan and may also
influence the policies and programs outlines in the Community Design Element. The issues
addressed in the Archaeological and Cultural Resources Element are part of those under
California Government Code Section 65560(b) and Public Resources Code Section 5076.
Furthermore, Section 21083.2(g) of the California Environmental Quality Act (CEQA) empowers
the community to require adequate research, documentation, and preservation when the potential
for significant cultural resources exists.
Committee Recommendation
On February 2, 2022, the Cultural Resources Preservation Committee at its regular scheduled
meeting conducted a public hearing as required per PDMC 29.40.070 and unanimously
recommended nominating the Sandpiper Condominiums Circle #1 located on El Paseo, with
Historic District designation.
Background
On May 03, 2021, the board of directors of the Palm Springs Garden Apartments #1 –
Homeowner’s Association, which represents Sandpiper Circle #1, voted unanimously to pursue
historic district designation.
Within the Sandpiper Condominiums complex, the circle numbers indicate the
approximate historic order in which the building clusters were built. Circle #1, the
first complex, was completed in 1958 by the Los Angeles based architectural firm
of Palmer and Krisel. This complex exhibits the unique stylistic traits that place
them directly in the historic context of Palm Desert’s Modern Period.
Page 593
April 14, 2022 - Staff Report
Sandpiper Condominiums Circle #1
Page 2 of 2
The eight (8) buildings that comprise Circle #1 reflect a coherent vision of modernist architecture
rarely found anywhere else in the United States demonstrating a coherent modernist architectural
vision that successfully created a leisure lifestyle of “carefree desert living.”
This property is eligible for designation as a City Historic District in accordance with Section
29.50.010 Historic District Designation Criteria:
• Exemplifies or reflects special elements of cultural, social, economic, political, aesthetic,
engineering, architectural, or natural history; or
• Is identified with persons or events significant in history; or
• Embodies distinctive characteristics of a style, type, period, or method of construction, or
is a valuable example of the use of indigenous materials or craftsmanship; or
• Represents the work of master builders, designers, or architects; or
• Reflects distinctive examples of community planning or significant development patterns,
including those associated with different eras of settlement and growth, agricultural, or
transportation; or
• Conveys a sense of historic and architectural cohesiveness through its design, setting,
materials, workmanship, or associations; or
The historic designated area does interfere or restrict a property owner’s ability to enjoy their
property (i.e., decorate, remodel, or alter). This designation allows property owners to voluntarily
apply for the California Mills Act Program which provides tax incentives to maintain their property
appearance in an original concept. Therefore, there is no requirement for property owners to
participate.
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
Martin Alvarez
Martin Alvarez, Director
of Development Services
Veronica Chavez
Veronica Chavez
Director of Finance
Andy Firestine
Andy Firestine
Assistant City
Manager
City Manager: L. Todd Hileman: L. Todd Hileman
APPLICANT: Virginia Cronk and Carol Fanelli
Sandpiper Lane #s 141 and 182
Palm Desert, CA 92260
ATTACHMENTS: 1. Historic Designation Application
2. CRPC Agenda Minutes for February 02, 2022
3. Resolution No. 2022- __
Page 594
Page 595
Page 596
1
Sandpiper Condominiums
Circle 1
Historic District Nomination
2021
Page 597
2
Historic District
Cultural Resources Nomination Form
District Name: The historic name of this property is Palm Springs Garden Apartments #1, but it
is commonly referred to as Sandpiper Condominiums Circle 1. This application is for the
inclusion of Sandpiper Condominiums Circle 1, its living units and its common property, in the
existing Historic District 4, Sandpiper Condominiums.
Preparers: Virginia Cronk, PhD
141 Sandpiper Lane, Palm Desert CA 92260
(786)374-6607 ginniecronk@yahoo.com
Carol Fanelli
182 Sandpiper Street, Palm Desert, CA 92260
(760)610-1459 Carol.fanelli@dc.rr.com
Signatures:
Date form prepared, November 5, 2021
Page 598
3
We gratefully acknowledge the generosity of:
Paul Preston, Sandpiper Condominiums Circle 3, for encouraging us to include information from
Circle 3’s application for historical status;
Karen Prinzmetal for sharing photographs and documents from the Prinzmetal-West archives, as
well as her enthusiasm for our inclusion in Historic District 4;
Dan Hamilton, Darren Shay, Ginnie Cronk and Christian Dailey for photographs;
Latisha Booker and Jason Finley from City of Palm Desert for guidance,
and
Sandpiper condominiums 11-12 and 5-10 for leading the way and sharing their applications.
We especially acknowledge William Krisel for his vision of a new style of architecture, his
eagerness to use new materials and methods, his desire to make a home easy to live in, and his
respect for the beauty of the desert.
Page 599
4
Table of Contents
Historic District Application Preparers Page 1
Acknowledgements 2
Table of Contents 3
Introduction 4
Historic District Application 5-9
1. Definition 5
2. Boundary Description 5
3. Boundary Justification 6
4. Physical Description 6
5. Theme 9
6. Period of Significance 10
7. Narrative Statement of Significance 10
8. Additional Information 12
9. Photographs 12
Appendices
I. HOA Board Approval, Owners Meeting 13
II. Community Map of Sandpiper Condominiums 16
III. Physical Property Description 17
IV. Original Site Plan 18
V. Aerial View of Circle 1 19
VI. Krisel’s Concrete Steps 20
VII. Unit Floor Plan 21
VIII. Integrity Analysis 22
IX. Specific Responses to Historic Designation Criteria 25
X. Photos and Documents of Historical Interest 27
Page 600
5
Introduction
Back in 1958…in the area which is located near the corner of Highway 74 and El
Paseo there was one fire station, a few smoke trees, a handful of distant houses
and a LOT OF SAND. On March 21, 1958 it was announced by the Western Land
and Capital Company of Newport Beach that a site in Palm Desert was to be
developed incorporating completely new ideas in luxury desert living. This
development would come to be known as the Sandpiper and would initially start
as a cooperative and ultimately become one of the first condominium projects that
was designed and built in Coachella Valley. The legal name of the first circle was
“Palm Springs Garden Apartments #1.”
SANDPIPER: Palm Desert 1958-1969, Historic Society of Palm Desert
For Modernism Week 2013
This application requests inclusion in Historic District 4 for that first circle built. Although we
continue to pay our HOA fees to Palm Springs Garden Apartments #1, our circle is commonly
known as Sandpiper Condominiums Circle 1.
On May 3, 2021 the HOA Board of Directors for Palm Springs Garden Apartments #1/Sandpiper
Condominiums Circle 1 authorized continuing with the historic designation process for Circle 1,
and calling a special forum for owners to discuss historic designation. (See Appendix I for the
minutes of the May 3rd meeting and the announcement to owners of the September 27 meeting
for discussion of historic status.)
Circles 1-4 of Sandpiper Condominiums. constructed between 1958 and 1960, saw architect
William Krisel create a template for affordable, modernist architecture in a desert environment
that would earn him national acclaim. The design elements and language that Krisel developed in
the original four circles would go on to be utilized in the design of subsequent Sandpiper Circles
as they were built out in the 1960’s.
The owners of Circle 1 delight in living in the first circle, completed in 1958, and will
conscientiously honor its architectural integrity.
Page 601
6
Historic District
Cultural Resources Nomination Application
Sandpiper Condominiums Circle 1
1.Definition
Within the Sandpiper Condominium complex, a "Circle" consists of a cluster (grouping) of 8
detached single-story buildings. These circles surround a communal swimming pool and
landscape area, referred to in this nomination as a common recreational area.
In Circles 1 thru 4, the original Sandpiper Circles designed by Palmer & Krisel in 1958-1960,
three attached condominium units comprise a building, eight buildings comprise a Circle.
The units are typically mirror images of each other joined at the common wall, with some minor
variations designed to add visual interest such as varying heights in the original four Circles (1
thru 4).
Within the Sandpiper condominium complex, the Circle numbers indicate the approximate
historic order in which the building clusters were built. For example, Circle 1 was built first,
followed by Circle 2, followed by Circles 3 and 4. There are 17 Circles with the Sandpiper
Condominium complex, each with a pool and common recreation area. See Appendix 1I for the
Sandpiper Community Map.
2. Boundary Description
The total Sandpiper Condominiums complex is located south of El Paseo, west of California
Route 74, east of Edgehill Way and north of Pitahaya Street. The complex is bounded by El
Paseo, a retail and commercial strip, to the north and a single-family residential development off
Pitahaya Street to the south. Currently, the City’s Historic District #4 comprises Sandpiper
Condominiums Circles 5 thru 10 and Circles 11 and 12, which are located in the center of the
Sandpiper Condominiums complex. At the time of preparation of this nomination, Circles 2 and
3 were currently applying for inclusion in Historic District 4. This nomination proposes that
Sandpiper Condominiums Circle 1 be added into the existing Historic District #4.
Circle 1 is nestled into the southwest corner of the intersection of El Paseo and Highway 74,
immediately adjacent to the Palm Desert Historical Society Marker 1, marking the original
location of Palm Desert City Hall, a modest building designed and built by William Krisel as a
sales office for the original four circles. Circle 1’s location within the Sandpiper Condominiums
complex is north of Circles 2 thru 4 and east of Circles 5 thru 17.
California Route 74 to the east, El Paseo to the north, and private roads (Sandpiper Street) to the
south and (Sandpiper Lane) to the west serve as the boundaries for Circle 1 for the purposes of
this historic designation. The private roads are also the means of vehicular access for the units
and the adjacent carports.
Page 602
7
The specific Assessor Parcel Numbers (APNs) contained in Sandpiper Condominiums Circle 1
are cited in Appendix III, and in total constitute a legal description of the proposed new addition
to the existing Sandpiper historic district and, by extension, the new boundaries of the district.
Appendix 1V provides the original site plan of Circle 1, prepared by the architectural firm of
Palmer & Krisel.
3. Boundary Justification
This nomination is specifically written to nominate Sandpiper Condominiums Circle 1 as an
extension to the existing Historic District #4 which currently comprises Sandpiper
Condominiums Circles 5 thru 10 and 11 thru 12. While all the buildings in the Sandpiper
Condominium complex were designed in the modernist architectural vernacular, because the
complex was built over an extended period of time (1958-1969) by different builders, specific
circles (and pairs of circles) have unique characteristics and histories. Unlike some historic
districts, which can contain a variety of architectural styles built over an extended period of time,
the Sandpiper Condominium complex represents a concentrated architectural vision with the
buildings in each Circle constructed near simultaneously, of the same materials, deliberately
sited in a coherent plan. Circle 1 is an intrinsic part of this common architectural vision.
Intentionally included in this historic district nomination is the common recreation area which is
surrounded by the buildings of Circle 1. A pool is located in the center of this common area. The
pool is surrounded by a large open area of landscaping (grass), also featuring its original putting
green. This green area serves as a buffer between the pool and the units. The poolside
community Ramada was an important part of the original design.
Although detached, the residential buildings are arranged in a circle creating an enclosure for the
common recreation area. (See Appendix V) The detached carports were added in the 1970s well
after the development’s completion in 1958 and are not a part of the application for historic
status.
4. Physical Description (and History)
The first Circles (1 through 4) were originally built as cooperatives by the construction company
of George M. Holstein & Sons in conjunction with the Western Land and Capital Company.
Later, the firm of George Osborn and William Kemp (operating as Sandpiper Builders, Inc.)
built Circles 5 through 17 (entrepreneur builders Osborn and Kemp were original Sandpiper
cooperative owners). The architectural firm of Palmer & Krisel was hired to design the initial
phase (Circle 1) of Sandpiper Condominiums and construction was completed in 1958. Palmer &
Krisel are directly responsible for the designs of Circles 1-14 (with characteristics and motifs
from their original designs carried over into the remaining circles). Although frequently referred
to in the singular, "Sandpiper" is actually comprised of nine separate real estate subdivisions
representing eleven building stages that were completed from 1958 to 1969.
Page 603
8
Added Significance of Sandpiper Circles 1 thru 4
According to Palm Desert historian Jim West, Sandpiper Circles 1 thru 4 are particularly
noteworthy in the history of the modernist architectural movement, the national recognition of
William Krisel, and in Palm Desert’s early development:
1. These were William Krisel’s first designs for the Sandpiper. Circle 1 was completed in
1958 and famously documented by architectural photographer Julius Shulman in that year.
2. The landscaping architecture found in Sandpiper Circles 1 through 4 earned Krisel a
Landscape Architectural Award from the American Institute of Architects.
3. Circles 1 thru 4 were built in stages by Circle number, from 1958 through 1960. All of
these were built under the guidance of George Holstein (the later Sandpipers were built by
Kemp and Osburn). Circle 1 was the first to be completed and sold.
4. Circles 1 thru 4 are triplexes (the later Sandpiper Circles are duplexes).
5. These first four circles represented Krisel’s premier opportunity to design everything
and manage everything in a project in a way that took advantage of all his skills. A true
design experiment (forced utilities underground, established view lines from every
apartment, angular pools, hardscape matching the lines of each house, varying rooflines,
block placement and Shadowal patterns, plant placement, desert plantings, fruit trees,
medallion electric homes, windows, sliders, skylights, efficient use of square footage,
modern furnishings, real plaster walls, refrigerated air, public and private patios.
6. Publicity from these four early Sandpiper Circles made Krisel and Palm Desert famous,
influencing the work of many other designers of the time in the Coachella Valley and
beyond. Email from Jim West to Paul Preston, Apr 13, 2020
Specific to this nomination, the design and construction of Circle 1 was completed in 1958. The
series of 24 residential buildings (not including carports, etc.) that make up Circle 1 are not
identical (due to the variation of the floor plans), but were designed and built in concert, using
the same architectural vernacular. Inspired by the International Style, the low-slung single-level
buildings feature stucco, concrete block and full height glass walls which are capped by flat
roofs. The geometry of each unit is predominantly orthogonal. Visual interest within the different
facades is created by a variation of different architectural elements, such as the "Sunflap",
concrete block wall, etc. The concrete block pattern is changed from one building to another, the
eave detail changes in response to the direction that the particular unit faces, and the massing
varies in response to the different floor plans.
In Sandpiper Condominiums Circles 1 thru 4,Krisel worked out his template for integrating
landscaping with the built environment to emphasize beauty, privacy and views while creating
affordable, modern homes with luxury conveniences using a modernist design vernacular:
Page 604
9
Home Construction
• Flat roofs were used along with post and beam construction. This construction allowed
the use of windows with aluminum sash, clerestory windows and large expansive Trim-
View sliding doors.
• Construction was genuine lath and plaster. The beams and ceiling remained exposed as a
design feature. The homes also included patio overhangs and a system of 'sun flaps' that
protected each unit from direct sun.
• The masonry walls also provided a soundproofing effect.
Physical Environment and Landscaping
• Krisel, who was also a landscape architect, completely detailed placement and designated
plant and tree selection for the project. Several contoured mounds were incorporated in the
project plans. These allowed for the convenient disposal of site debris and more dramatic
views of the desert plantings.
• Careful review of the elevations resulted in the conclusion that a series of wide concrete
block steps could be used to help maintain the contour of the property. This allowed for
drainage control, better views and lower building cost due to easier site preparation. Thus,
existing sloping grade is gently modulated by these stairs, which in turn create level pads
for the buildings and a large pad for outdoor activities. (See Appendix VI)
• The straight lines and sharp angles of the landscaping for the Sandpiper project
contrasted with the rolling mountain backdrop.
Common Areas
• Considerable thought was put into the actual shape and placement of the pool. It was
decided that the pool and Ramada would include dramatic angles that would provide
interest and emphasize the modern aspect of the project. The common recreation area was
set a few steps below grade. Circle 1 retains its original putting green in this area.
Design Considerations
• Each home in the three-unit buildings of Sandpiper Circles 1 thru 4 were designed to
appear unique. Ceiling height was varied. Block patterns were changed. Decorative
exterior block walls had different heights and angles. Patios were different shapes.
Buildings were reversed in orientation, yet every owner had privacy and a view.
Convenience and Features
• Desert colors were repeated in the paints, structural materials and the plantings.
• Krisel convinced Holstein to keep all utilities underground. These included individual TV
and phone jacks to each unit.
Page 605
10
• Each 2 bedroom, 2 bath home included custom lighting fixtures by Lightrend, flexible
room dividers, and modern furnishings. These were modern homes with all the advantages
of technology: full refrigeration including air conditioning, color-matched electric range,
oven and refrigerator by Westinghouse, and a “super hush” Waste King garbage disposal.
• Each of the Sandpiper homes in Circles 1 thru 4 included a small circular marker
embedded in the front door step entrance, which read “MEDALLION HOME - LIVE
BETTER ELECTRICALLY". From “Sandpiper - Palm Desert Mid-century Architecture
and Design” contributed by Jim West.
Circle 1 was designed with three floor plans, labeled A, B and C. The eight A and eight C units
featured round kitchens. The eight B units had linear kitchens. Each unit also contained a master
bedroom and bath, a den or second bedroom separated from the living room by a folding wall, a
second bath, a combination living and dining room. Each had a public patio and one or more
walled (often with breeze blocks) private patios. Ceiling heights varied, as did cement block
designs and placement, and patio shapes. The floor plan for units A and C (which were mirror
images of one another) was provided through Palm Desert Historical Society resources, but the
plan for unit B has not been located. (See Appendix VII)
Today’s addresses in Circle 1 give the following information: The first number is ‘1’ for Circle
1. The second number, 1 thru 8, signifies the triplex (see Appendix V). The third number is 1
(unit A in original plans), 2 (unit B in the original plans), or 3 (unit C in the original plans).
The exterior facades of the units are relatively intact. Despite minor modifications, the
buildings and site of Circle 1 retain a high degree of integrity. Appendix VIII is a detailed
analysis of the integrity of Sandpiper Condominiums Circle 1 using U.S. Secretary of Interior
standards.
5. Theme
The concept of a condominium, where the ownership of a building or property is a shared entity,
is a relatively modern phenomenon, although communal living is not. The first "condominium"
was built in the United States in 1960 in Salt Lake City, Utah. The concept grew in popularity
and by the end of the decade condominiums were present in all 50 states. Sandpiper Circles 1
thru 4, being built from 1958 through 1960, were not originally condominiums; they were
organized initially as individual HOA co-operatives. These Circles converted to condominium
status (with each maintaining their separate HOA status) in the mid-1960s as new Sandpiper
Circles being developed in that time-frame adopted condominium status.
The site planning at Sandpiper is a pin-wheel configuration around a central hub (in this case the
pool) and its greenbelt concept draws from 19th century British planner Ebenezer Howard's
Garden City. Howard's concept envisioned a world where the best of city and rural life is
combined to create a utopian environment. He espoused the need for green belts, in an effort to
reduce congestion and to create a healthy environment in which to live.
Page 606
11
Palmer & Krisel expand Howard's tenet by creating an environment free from cars, a popular
symbol of urban distress. Palmer & Krisel deftly sited all vehicular roads and carports on the
perimeter of each circle. Their buildings turn their "fronts" away from the street. The "front
porch" no longer faces the street but is a patio moved to look onto the green belt. In this, the pool
becomes the "new street scape": the new social gathering place for the complex.
6. Period of Significance
The relatively short history of Palm Desert can be organized into three more or less distinct
periods that include Prehistory, the Settlement Period, and the Modern Period. It is within the
context of the last period that Circle I will be evaluated.
Modern Period (1925-1960s)
Located in the eastern portion of the Coachella Valley, Palm Desert was first developed as an
agricultural area of date farms. The Modern Period can be considered to have begun with the
construction of the Coachella Valley's first "modern" structure in the city of Coachella, the Paul
and Betty Popenoe Cabin designed in 1922 by the Austrian-born American modernist architect
Rudolph Schindler (1887-1953). With this building, the area's then predominant architectural
style based on Mexican and Spanish Colonial motifs began to change. The Historical Society of
Palm Desert succinctly describes the pre-war and wartime history of the city as follows:
In the 1930s a few homes were built and lots sold in a development north of Highway 111
called Palm Village. World War II brought General Patton to Portola Avenue and to the
Colorado Desert to train for African warfare; but no one ever dreamed this would become
a world-class destination resort.
After the conclusion of World War II, tourist-based development began to replace the
agriculture. The first large scale development was marked by the opening of Shadow Mountain
Resort built by the Henderson brothers (Cliff, Randall, Phil, and Carl). This was followed by
development of the "El Paseo" commercial strip, which was a former army maintenance camp.
Soon afterwards, Palm Desert quickly developed into a resort destination in parallel with its
neighbors Palm Springs and Rancho Mirage.
Palm Desert, along with neighboring Palm Springs and Rancho Mirage, are together
internationally-known as a center of important midcentury architecture. The buildings and site
that constitute Sandpiper Condominiums represents an excellent intact example of American
Modernist architecture. This midcentury architecture may therefore be viewed as an important
component of the historic trend that has come to define the Coachella Valley and one that
exemplifies a particular period of the national, state, or local history.
7. Narrative of Statement of Significance
Sandpiper Condominiums Circle 1, completed in 1958 by the Los Angeles-based architectural
firm of Palmer & Krisel, exhibits numerous stylistic markers that places it directly in the historic
context of Palm Desert's Modern Period. Further, Circle 1 is an excellent example of multi-
family residential development in Palm Desert in the late 1950s. The 24 units designed in 8
Page 607
12
residential buildings along with a Ramada that comprise Circle 1 reflect a coherent vision of
modernist architecture rarely found anywhere else in the United States. The siting of the
buildings in Circle 1, and the landscape architecture (previously described Section 4: Physical
Description) further reinforce a coherent modernist architectural vision that successfully created
a leisure lifestyle of "carefree desert living."
Sandpiper Condominiums Circle 1 is significant under the theme of Modern Architecture
because it possesses distinctive characteristics that make up the many qualities of the style, such
as overall horizontality, flat roofs, expansive amounts of glass, clerestory windows, use of
inexpensive, machine-produced materials, masonry, etc. Together the structures and site are a
superb specimen of its type or period of construction and an important example (within its
context) of building practices in Palm Desert and the Coachella Valley at midcentury.
From a building materials viewpoint, Circle 1, along with the rest of the Sandpiper
Condominium complex, employs some of the most exuberant uses of concrete block found
anywhere in the nation. Uses of (1) concrete feature block, commercially known as "Shadowal,"
(2) a pierced concrete screen block (including patterns known as "Venetian," "Vista-View",
"Starlight", "Morocco", "Caprice", "Empress", "Maltese" and many more).
Adding to the significance of the Sandpiper Condominium complex (and by extension Circle 1),
in the late 1950s, and onward, the architectural firm of Palmer & Krisel was quickly recognized
as a firm that paid careful attention to the requirements of builders. Specifically, they were very
successful in solving the problem of producing good design while still meeting tight project
Page 608
13
budgets. In the mid-1950s, Palmer & Krisel began to receive substantial professional recognition
for their already burgeoning body of work. This recognition ranged from awards bestowed by the
local Southern California chapter of the American Institute of Architects to recognition from the
influential National Association of Homebuilders. The firm was also listed as one of the "top 100
firms in the nation" by the seminal Progressive Architecture magazine. The Los Angeles-based
firm of Palmer & Krisel produced a large and diverse body of work including housing tracts,
office high-rises and shopping centers. In all, 40,000 housing units were produced by the firm.
Appendix VIII describes in detail how Sandpiper Condominiums Circle 1 meets most of the
"Historic District Designation Criteria" from Palm Desert Municipal Code Section 29.50.010
(specifically criteria A, B, C, D, E and F)
8. Additional Information
A. Bibliography
Bogart, Frank. Palm Springs-First Hundred Years, Palm Springs Heritage Association, 1987
Concrete Masonry Age magazine, January 1959
Concrete Products magazine, April 1956
Harlan, James R. The Alexanders: A Desert Legacy, Palm Springs Preservation Foundation,
March 2011 House + Home magazine, June 1957
Howard, Ebenezer. Garden Cities of Tomorrow, Swan Sonnenschein & Co., 1902
National Concrete Masonry Association Pictorial, Vol. 20, No. 10, 1964
Sandpiper: Palm Desert 1958-1969, Palm Desert Historical society, 2013
Taschen, Benedikt. Julius Shulman: Modernism Rediscovered, 1958-1964 (Vol. 2), 2007
West, Jim. Sandpiper Chronology (unpublished), 2012
B. Other Sources
City of Palm Desert website
Palm Desert Historical Society
Riverside County Assessor's Office
William Krisel Archives, Getty Research Institute (Research library)
Sandpiper Circle 11 and 12 Nomination, 2012 (PSPF)
Sandpiper Circle 5 thru 10 Nomination, 2016 (PSPF)
Sandpiper Circle 3 Nomination, 2021
9. Photographs
The required documentation photographs of each Sandpiper Condominiums Circle 1 residential
unit, pool, Ramada, and landscaping and architectural details are contained on a separately
provided flash drive. Miscellaneous historical photographs and advertisements are contained in
Appendix X.
Page 609
14
Appendix I
Board Authorization
Owner Informational Meeting Announcement
PALM SPRINGS GARDEN APARTMENTS #1
Organizational Meeting
Minutes
May 3, 2021
The meeting was held by Video conference and Phone conference call due to the
CoVid19 Stay at Home order.
The meeting was called to order at 10:00am by President Ginnie Cronk.
Board Members Present: President Ginnie Cronk, Director Diane Oliver,
Secretary/Treasurer Patricia Lawrence, Director Randy Lawrence, VP Ron Green
and Director Fredric Raab.
J&W Management: Community Manager, Mel Kuppinger was present.
Homeowners: Two owners were present.
Minutes: Ron Green motioned to approve the April 3, 2021 Organization Meeting
minutes. With a second by Patricia Lawrence the motion carried. Diane Oliver
motioned to approve the April 9, 2021 Special Meeting minutes. With a second by
Ron Green the motion carried.
Financials: Accepting financials was tabled until the June meeting.
Old Business:
Parking Assignments: Randy Lawrence motioned to assign one space (either
carport or street side) to each owner. After discussion the motion was withdrawn.
Randy Lawrence motioned to get input from owners via a survey regarding
designation of assigned parking spaces and white stripe marking. With a second
by Patricia Lawrence the motion carried with 5 “yes” votes and 1 “no” vote.
Page 610
15
Irrigation: Tabled until the June meeting. Waiting for a bid from Sanchez
Landscaping.
New Business:
Historical Status: Ron Green motioned to authorize the Board to continue to
process with the Historical Designation process and to set up a town hall for the
owners. With a second by Fredric Raab the motion carried.
Landscape Committee: Fredric Raab motioned to form a Landscape Committee.
With a second by Ron Green the motion carried. The Board named Fredric Raab
Chair of the committee and Fredric accepted.
Homeowners Forum: Homeowners were given time to comment and ask
questions. A homeowner commented that a tree needed to be trimmed to
prevent bird droppings getting on the sidewalk or that the sidewalk should be
power washed often. The Board will look into having the tree trimmed.
The next meeting is scheduled for June 14, 2021 at 10:00am.
Adjournment: With no further business the Board Meeting was adjourned at
11:18am.
Page 611
16
PALM SPRINGS GARDEN APARTMENTS #1
Board of Directors Community Meeting
September 27, 2021
10:00 AM
Video Conference (Please contact J&W for the Video link)
AGENDA
I. CALL TO ORDER
II. ROLL CALL OF BOARD OF DIRECTORS
III. HISTORICAL STATUS FOR PSGA 1
IV. ADJOURN
Page 612
17
Appendix II
Community Map of Sandpiper Condominiums
Page 613
18
Appendix III
Physical Property Description
Palm Springs Garden Apartments #1
(Sandpiper Condominiums Circle 1)
Address APN Lot Number
111 640240021 1
112 640240020 2
113 640240022 3
121 640240014 5
122 640240015 6
123 640240016 4
131 640240009 7
132 640240010 8
133 640240008 9
141 640240002 11
142 640240004 10
143 640240003 12
151 640240005 13
152 640240006 14
153 640240007 15
161 640240013 17
162 640240012 18
163 640240011 16
171 640240018 19
172 640240017 20
173 640240019 21
181 640240025 23
182 640240023 22
183 640240024 24
Page 614
19
Appendix IV
Original Site Plan Of Palm Springs Community Gardens #1 (Sandpiper Condominiums Circle 1)
Page 615
20
Appendix V
Contemporary Aerial View of Circle 1
Darren Shay
Page 616
21
Appendix VI
Krisel’s Use of Concrete Steps to Maintain the Countours of the Property
(2021 photographs)
Page 617
22
Appendix VII
Plan for Units A and C
As previously mentioned, we were unable to secure plans for B Units. The primary difference between
A/C and B is the shape of the kitchen. The B units have a linear kitchen which does not extend beyond
the outside wall.
Page 618
23
AppendixVIII
Integrity Analysis
INTEGRITY
This is the ability of a property to convey its significance. To be listed in the local registry, a
property must not only be shown to be significant under the criteria, but it also must have
integrity. The evaluation of integrity is sometimes a subjective judgment, but it must always be
grounded in an understanding of a property's physical features and how they relate to its
significance. Historic properties either retain integrity (that is, convey their significance) or they
do not. The definition of integrity includes seven aspects or qualities. To retain historic integrity
a property will always possess several, and usually most, of the aspects. The retention of specific
aspects of integrity is paramount for a property to convey its significance. Determining which of
these aspects are most important to a particular property requires knowing why, where, and when
the property is significant. The following sections define the seven aspects and explain how they
combine to produce integrity.
LOCATION
Location is the place where an historic property was constructed or the place where an historic
event occurred. The relationship between the property and its location is often important to
understanding why the property was created or why something happened. The actual location of
a historic property, complemented by its setting, is particularly important in recapturing the sense
of historic events and persons. Except in rare cases, the relationship between a property and its
historic associations is destroyed if the property is moved. Sandpiper Condominiums Circle 1
remains in its original location and therefore qualifies under this aspect.
DESIGN
Design is the combination of elements that create the form, plan, space, structure, and style of a
property. It results from conscious decisions made during the original conception and planning of
a property and applies to activities as diverse as community planning, engineering, architecture,
and landscape architecture. Design includes such elements as organization of space, proportion,
scale, technology, ornamentation, and materials. A property’s design reflects historic functions
and technologies as well as aesthetics. It includes such considerations as the structural system;
massing; arrangement of spaces; pattern of fenestration; textures and colors of surface materials;
type, amount, and style of ornamental detailing. Although the units and site of Sandpiper
Condominiums Circle 1 has seen some alterations, the essential characteristics of form, plan,
space, structure and style have survived intact. Similarly, the structural system; massing;
arrangement of spaces; pattern of fenestration; and the type, amount, and style of detailing, has
survived as well. While some units have been enlarged, they have been done so in a way that
Page 619
24
maintains a high degree of visual integrity and harmony with the original design. Fortunately,
there is extensive documentation in the form of plans and 23 photographs (including many taken
by architectural photographer Julius Shulman) that clearly illustrate the original design intent of
the architects.
SETTING
Setting is the physical environment of a historic property. Whereas location refers to the specific
place where a property was built or an event occurred, setting refers to the character of the place
in which the property played its historical role. It involves how, not just where, the property is
situated and its relationship to surrounding features and open space. Setting often reflects the
basic physical conditions under which a property was built and the functions it was intended to
serve. In addition, the way in which a property is positioned in its environment can reflect the
designer’s concept of nature and aesthetic preferences. The setting of the Sandpiper
Condominiums Circle 1 continues to reflect the architect’s original design relationship of site
and structure, particularly reflected in the original grading, the steps that frame two sides of the
site, extensive grassy areas, pool and deck shape, Ramada, angular side-walks, putting green, and
clusters of palm trees.
MATERIALS
Materials are the physical elements that were combined or deposited during a particular period of
time and in a particular pattern or configuration to form a historic property. The choice and
combination of materials reveals the preferences of those who created the property and indicate
the availability of particular types of materials and technologies. As mentioned previously, while
some of the Sandpiper Condominiums Circle 1 exterior surface materials have been painted, this
change does not constitute a significant loss of the physical elements that expressed the design
during the building’s period of significance; the particular pattern and configuration that today
forms the buildings and site survives intact (in some of the Sunflaps, the original plywood has
been replaced by concrete board or marine plywood in the same look and style as the original)
WORKMANSHIP
Workmanship is the physical evidence of the crafts of a particular culture or people during any
given period in history or prehistory. It is the evidence of artisans’ labor and skill in constructing
or altering a building, structure, object, or site. Workmanship can apply to the property as a
whole or to its individual components. It can be expressed in vernacular methods of construction
and plain finishes or in highly sophisticated configurations and ornamental detailing. It can be
based on common traditions or innovative period techniques. Workmanship is important because
it furnishes evidence of the technology of a craft, illustrates the aesthetic principles of a historic
or prehistoric period, and reveals individual, local, regional, or national applications of both
technological practices and aesthetic principles. Examples of workmanship in historic buildings
include tooling, carving, painting, graining, turning, and joinery. Within the buildings of
Sandpiper Condominiums Circle 1, the workmanship is comprised of integral ornamental
detailing reflected in concrete block, glass and aluminum. The property continues to express a
high degree of contemporary period workmanship.
Page 620
25
FEELING
Feeling is a property’s expression of the aesthetic or historic sense of a particular period of time.
It results from the presence of physical features that, taken together, convey the property’s
historic character. For example, a rural historic district retaining original design, materials,
workmanship, and setting will relate the feeling of agricultural life in the 19th century. When
constructed, Sandpiper Condominiums Circle 1 unapologetically catered to the aspiring upper
middle class. As such the “feeling” of the buildings necessarily had to exude urbanity albeit it in
a more informal resort location. The late 1950s were a sophisticated, open and optimistic time, a
feeling still expressed by the design of these buildings. Accordingly, Sandpiper Condominiums
Circle 1 retains the integrity of feeling.
ASSOCIATION
Association is the direct link between an important historic event or person and an historic
property. A property retains association if it is the place where the event or activity occurred and
is sufficiently intact to convey that relationship to an observer. Like feeling, association requires
the presence of physical features that convey a property’s historic character. For example, a
Revolutionary War battlefield whose natural and man-made elements have remained intact since
the 18th century will retain its quality of association with the battle. Because feeling and
association depend on individual perceptions, their retention alone is never sufficient to support
eligibility of a property for the National Register. As previously stated in this nomination,
Sandpiper Condominiums Circle 1 is an important example of midcentury residential
development in Palm Desert. The buildings and site represent the city’s overall residential
development from the 1950s to the 1960s. Accordingly, it continues its association with a pattern
of events that have made a meaningful contribution to the community.
INTEGRITY SUMMARY:
Sandpiper Condominiums Circle 1 appears to be in excellent condition due largely to the use of
construction materials suitable for the harsh desert environment. This integrity analysis confirms
that the buildings and site of Circle 1 still possess all seven aspects of integrity. While the
buildings have undergone numerous minor alterations since construction and some have been
enlarged, virtually all of the character-defining features survive. The buildings and site retain a
high degree of integrity sufficient to qualify them for inclusion in Historic District #4.
Page 621
26
Appendix IX
Specific Responses to Historic Designation Criteria
Palm Desert Municipal Code Section 29.50.010
A. “Exemplifies or reflects special elements of cultural, social, economic, political, aesthetic,
engineering, architectural, or natural history.” Sandpiper Condominiums Circle 1 is an
excellent example of a specific type of architecture (modernist), built during the midcentury
period and with modern methods of construction. The subject buildings are the work of master
architects Palmer & Krisel. The architects successful site planning, landscape and architectural
design create not only a unique but an early example of a multi-unit residential condominium
project. Palmer & Krisel’s strong and deft use of the modernist architectural vernacular adds to
the significance of the project. Additionally, Circle 1 is a singularly intact example of the
significant modernist architecture for which the Coachella Valley is internationally known. As
such, it should be viewed as an important component of the historic trends that have come to
define the Coachella Valley’s image as a center of important midcentury architecture (i.e., an
historic trend that exemplifies “a particular period of the national, state or local history”).
B. “Is identified with persons or events significant in history.” This criterion recognizes
properties associated with persons or events in history but is typically interpreted as including
patterns of events or historic trends. For the purposes of this nomination, the gradual rise of the
Coachella Valley’s prominence in midcentury architectural excellence is viewed as a pattern of
events. The Sandpiper Condominium complex is an outstanding example of residential design
and construction of buildings within the context of midcentury desert modernism. The nominated
historical district is associated with this pattern of events for its ability to exemplify the Modern
Period of the national, state and local history.
C. “Embodies distinctive characteristics of a style, type, period, or method of construction,
or is a valuable example of the use of indigenous materials or craftsmanship.” Sandpiper
Condominiums Circle 1 is eligible under the theme of Modernist Architecture because they
possess numerous distinctive characteristics that make up the modernist style, including flat
roofs, clerestory windows, expansive amounts of glass, novel use of new materials, idiosyncratic
use of concrete masonry, etc.
D. “Represents the work of master builders, designers, or architects.” A master is a figure of
generally recognized greatness in a field or a known craftsman of consummate skill. The
property must express a particular phase in the development of the master's career, an aspect of
his work, or a particular idea or theme in his craft.
A property is not eligible as the work of a master, however, simply because it was designed by a
prominent architect. For example, not every building designed by Frank Lloyd Wright is eligible
under this criterion although it might meet the other criteria.
Page 622
27
Both Daniel Palmer and William Krisel are important as nationally-prominent practitioners of
modernist architecture. The firm of Palmer & Krisel has long been recognized as a leading firm
of the modernist movement and documentation on this firm is extensive. Further, the Sandpiper
Condominiums complex was immediately recognized by the architectural press and peers in the
profession as an extraordinary effort that combined a sense of proportion, massing, refinement
and use of modern materials and technology. In short, the Sandpiper Condominium complex
(including Circle 1) exemplifies all of the stylistic markers of the maturing Modernist movement
in the late 1950s.
E. “Reflects distinctive examples of community planning or significant development
patterns, including those associated with different eras of settlement and growth,
agricultural, or transportation.” The phenomenon of residential condominium construction in
the United States is discussed in paragraph 5 of the nomination (“Theme”). The Sandpiper
Condominiums complex (of which Circle 1 is an intrinsic part) is also an excellent example of
the Modern Period in Palm Desert’s history as expressed through both the architecture and site.
The complex also represents a full expression of a resort community’s “leisure lifestyle.”
F. “Conveys a sense of historic and architectural cohesiveness through its design, setting,
materials, workmanship or associations.” Architect William Krisel of the firm of Palmer &
Krisel, has long been given credit for the design and much of the on-site supervision of the
Sandpiper Condominium complex. Krisel viewed the architect’s job as being that of the “master
designer” responsible for designing projects that were comfortable, cost-effective and
memorable. Krisel also believed that architects should have respect for the modernist masters
and the principles they espoused. (See paragraph 5 of this nomination entitled “Theme” for an
explanation of how Krisel’s Sandpiper Condominium building design and site plan that created a
“built environment” that attempted to combine the best of city and rural life in a utopian
environment).
G. “Is an archaeological, paleontological, botanical, geological, topographical, ecological, or
geographical resource that has yielded or has the potential to yield important information
in history or pre-history.” This criterion does not apply to this nomination.
DESIGNATION CRITERIA SUMMARY: The foregoing evaluation finds Sandpiper
Condominiums Circle 1 (both the buildings and site) eligible for listing as a Historic District
under Palm Desert Municipal Code Section 29.50.010 paragraphs A, B, C, D, E and F.
Additionally, the buildings and site retain a high degree of integrity.
Page 623
28
Appendix X
Photos and Documents of Historical Interest
The cover of this trade publication was devoted to Palmer & Krisel’s use of masonry and
featured the landscape steps of Sandpiper Circle 1.
Page 624
29
This circa 1958 photo by photographer/historian Julius Shulman shows the steps, pool and
Ramada of Circle One.
Page 625
30
The original “Live Better Electrically” medallion can be seen today embedded in the sidewalk at
the entrance of several Circle 1 units.
Page 626
31
The only remaining olive tree planted by Mr. Krisel and trimmed in the ‘poodle’ style.
Page 627
CITY OF PALM DESERT
CULTURAL RESOURCES PRESERVATION COMMITTEE MEETING
DRAFT PRELIMINARY MINUTES
February 22, 2022 – 9:00 a.m.
ZOOM VIRTUAL MEETING
I. CALL TO ORDER Chair Paul Clark called the meeting to order at 9:02 a.m. II. ROLL CALL Current Meeting Year to Date Commissioners Present Absent Present Absent Yvonne Bell X 0 1 Paul Clark X 1 0 Don Graybill X 1 0 Kim Housken X 1 0 Rochelle McCune X 1 0 Thomas Mortensen X 1 0 David Toltzmann X 1 0 Also Present Jason Finley, Supervising Plans Examiner Latisha Booker, Recording Secretary Not Present Karina Quintanilla, City Council Member Liaison III. ORAL COMMUNICATIONS - None TWO OPTIONS FOR PARTICIPATING IN THE MEETING Option 1 – To Participate and Provide Verbal Comments by Using Your Internet: 1. Click the link: https://palmdesert.zoom.us 2. Meeting ID: 874 0882 4486 Option 2 – To Listen and Provide Verbal Comments Using Your Telephone 1. Dial (for higher quality, dial a number based on your current location): Telephone US: +1 669 219 2599 or +1 669 900 9128 or +1 213 338 8477 or +1 602 753 0140 or +1 971 247 1195 or +1 253 215 8782 2. Enter the Webinar ID: 847 3970 7419 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.
Page 628
AGENDA
CULTURAL RESOURCES PRESERVATION COMMITEE FEBRUARY 22, 2022
_____________________________________________________________________ IV. CONSENT CALENDAR A. MINUTES of the regular meeting of November 30, 2021 Rec: Approved as amended. Committee Member Kim Housken wanted to add that Committee Member David Toltzmann stated he walked the Sandpiper properties and noted that three or four of the condos had vinyl windows and asked if that affects the designation, and Mr. Finley replied that it does not. V. CONSENT ITEMS HELD OVER None. VI. NEW BUSINESS None. VII. CONTINUED BUSINESS None. VIII. OLD BUSINESS None. IX. PUBLIC HEARING – SANDPIPER CIRCLE #1, PALM DESERT, CA, CASE NO. CRPC 22-01. X. CONSIDER LOCAL HISTORIC LANDMARK DESIGNATION FOR THE PROPERTIES LOCATED WITHIN SANDPIPER CIRCLE #1: 640-240-021, 640- 240-020, 640-240-022, 640-240-015, 640-240-016, 640-240-009, 640-240-010, 640-240-008, 640-240-002, 640-240-004, 640-240-003, 640-240-005, 640-240-006, 640-240-007, 640-240-013, 640-240-012, 640-240-011, 640-240-018, 640-240-017, 640-240-019, 640-240-025, 640-240-023, 640-240-024,CIRCLE #1 COMMON AREA AS A LOCAL HISTORIC LANDMARK DESIGNATION FOR CITY COUNCIL APPROVAL. 1) Conduct public hearing to receive testimony regarding local historic landmark designation for property located within Sandpiper Circe #1. 2) Authorize staff to prepare a resolution approving local historic landmark designation for property located within Sandpiper Circle #1 for City Council consideration. Committee Chair Paul Clark declared the public hearing open and invited public testimony. Diana Lamar, an owner of the Sandpiper Circle #1 had questions regarding what changes can be made to a condo once designated. Jason Finley, Administrator for the Cultural Resources Committee replied that changes
Page 629
AGENDA
CULTURAL RESOURCES PRESERVATION COMMITEE FEBRUARY 22, 2022
_____________________________________________________________________ would only be affected when applying for a Mills Act contract. Ginnie Cronk and Carol Fanelli, the applicants for Sandpiper Circle #1, stated that they are thrilled how things are moving so quickly, and are happy to answer any questions. Randy Lawrence, an owner of Sandpiper Circle #2 appreciates how much everyone else appreciates the special value of Sandpiper. With no further testimony offered, Chair Clark declared the public hearing closed. Motion was made by Committee Member Kim Housken to authorize staff to prepare a resolution approving, local historic landmark designation for the properties located within Sandpiper Circle #1 for City Council consideration. Committee Member Tom Mortensen seconded the motion. Motion carried by 6-0 vote (AYES: Clark, Housken, Mortensen, Graybill, McCune and Toltzmann; NOES: No; ABSENT: Yvonne Bell) XI. CONTINUED BUSINESS None. XII. OLD BUSINESS None. XIII. REPORTS AND REMARKS
Committee Member Kim Housken stated that the Coachella Valley Preservationist
meeting will be on Tuesday March 2, 2022, at 12:00 P.M.
CRPC Administrator Jason Finley stated that the next meeting will be a Workshop
to discuss the Henderson House.
Committee Member Don Graybill stated that he’s talked to the owners of Julian’s
regarding Randall’s apartments and they are restoring it back as much as they can
to its original state. They are coming up on their 50th anniversary in a year or two
and they might be interested in becoming a historic designation. Cliff Henderson’s
home is in the works right now and The Desert Magazine building itself is going to a
little longer to be considered as a historic designation.
Committee Member Rochelle McCune wanted to know if there is a reason why the
City has not done a paid survey since the “unofficial list” have a number of historic
items on it. Acknowledging things built after the 1980’s is something that should be
considered as well. Committee Member Toltzmann thinks it’s worth discussing with
the City Council.
Page 630
AGENDA
CULTURAL RESOURCES PRESERVATION COMMITEE FEBRUARY 22, 2022
_____________________________________________________________________ XIV. With the Cultural Resources Preservation Committee concurrence, Chair Paul Paul Clark adjourned the meeting at 9:40 a.m.
___________________________________
Latisha Booker, Recording Secretary
Page 631
+ RESOLUTION NO. 2022-___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA APPROVING A HISTORIC DISTRICT DESIGNATION FOR SANDPIPER CONDOMINIUMS CIRCLE 1 LOCATED ON EL PASEO
WHEREAS, on February 22, 2022, the Cultural Resource Preservation Committee
conducted a public hearing to consider initiation of Historic District Designation for
Sandpiper Condominiums Circle 1 located on El Paseo, Assessor’s Parcel No’s. 640-
240-021, 640-240-020, 640-240-022, 640-240-015, 640-240-016, 640-240-009, 60-240-
010, 640-240-008, 640-240-002, 640-240-004, 640-240-003, 640-240-005, 640-240-006,
640-240-007, 640-240-013, 640-240-012, 640-240-011, 640-240-018, 640-240-017, 640-
240-019, 640-240-025, 640-240-023, as a historic district pursuant to Section 29.50 of
the Palm Desert Municipal Code (PDMC); and WHEREAS, the Cultural Resources Preservation Committee has considered all of the evidence submitted into the administrative record which includes, but not limited to: 1. Agenda reports were prepared by the Building and Safety Division. 2. Staff provided a meeting and subsequent public hearing held on February 22, 2022, before the Cultural Resources Preservation Committee. 3. The City of Palm Desert, Cultural Resources Ordinance No. 1168, and all other applicable regulations and codes. 4. Public comments, both written and oral, received and/or submitted at or prior to the meeting, supporting and/or opposing the applicant’s request. 5. Testimony and/or comments from the applicant and its representatives submitted to the City in both written and oral form at or prior to the meeting. 6. All related documents received and/or submitted at or prior to the meeting. WHEREAS, based on the forgoing evidence, the Cultural Resources Preservation Committee finds that: 1. A request for Historic District Designation for the Sandpiper Condominiums Circle 1 located on El Paseo was made on February 6, 2022, to designate the Sandpiper Condominiums Circle 1 2. Notice of the February 22, 2022, Cultural Resources Preservation Committee meeting was posted in The Desert Sun and at City Hall. 3. Notice of the February 22, 2022, Cultural Resources Preservation Committee was provided to the affected property owner as shown on the latest Riverside County assessment role. The owner was notified by first-class mail. 4. Notice of the Cultural Resources Preservation Committee meeting included the notice requirements set forth in California Environmental Quality Act (CEQA).
Page 632
RESOLUTION NO. 2022-__
Page 2 of 3
WHEREAS, based on the Cultural Resources Ordinance 1168, the Cultural Resources Preservation Committee concluded the following: 1. Palm Deserts’ character and history are reflected in its cultural, historical, and architectural heritage. 2. Palm Deserts’ historical foundations should be preserved as living parts of the community life and development in order to foster an understanding of the City’s past so that future generations may have a genuine opportunity to appreciate, enjoy, and understand Palm Deserts’ heritage. 3. The Cultural Resources Preservation Committee has reviewed this site and determined it to be historically significant and could contribute to the economic and cultural revival of the City.
WHEREAS, in view of all the evidence and based on the forgoing designation criterion, the
Cultural Resources Preservation Committee concluded the following
Sandpiper Condominiums Circle 1, completed in 1958 by the Los Angeles- based
architectural firm of Palmer & Krisel, exhibit numerous stylistic markers that place them
directly in the historic context of Palm desert’s Modern Period. Furthermore, Circle 1 is
an excellent example of a multi-family residential development in Palm Desert. Circle 1
consists of a cluster grouping of eight (8) detached single-story buildings. Circle 1 reflect
a coherent vision of modernist architecture rarely found anywhere else in the United
States. The siting of the buildings in Circle 1, and the landscape architecture further
reinforce a coherent modernist architectural vision that successfully created a leisure
lifestyle of “carefree desert living.”
The site planning at Sandpiper is a pin-wheel configuration around a central hub (in this
case the pool) and its greenbelt concept draws from 19th century British planner
Ebenezer Howard’s Garden City. Howard’s concept envisioned a world where the best
of city and rural life is combined to create a utopian environment. He espoused the need
for green belts, to reduce congestion and to create a healthy environment in which to
live.
Palmer & Krisel expand Howard’s tenet by creating an environment free from cars, a
popular symbol of urban distress. Their site planning re-examines not only urban but
suburban living. Palmer & Krisel deftly sited all vehicular roads and carports on the
perimeter of each circle. Their buildings turn their “fronts” away from the street. The
“front porch” no longer faces the street but is moved to look onto the green belt. In this,
the pool becomes the “new streetscape”: the new social gathering place for the
complex.
Palm Desert, along with neighboring Palm Springs and Rancho Mirage, are
internationally known as a center of midcentury architecture. Therefore, the buildings
and site that constitute Sandpiper Condominiums Circle 1 represent an excellent
intact example of American Modernist architecture. This midcentury architecture may
therefore be viewed as an important component of the historic trend that has come to
Page 633
RESOLUTION NO. 2022-__
Page 3 of 3
define the Coachella Valley and one that exemplifies a particular period of the nation,
state, or local history.
The Sandpiper Condominiums Circle 1 located on El Paseo, meets the following
designation criterion as contained in the City’s Cultural Resources Ordinance, and is
hereby worthy of preservation and designation as a Local Historic District.
A. Exemplifies or reflects special elements of cultural, social, economic, political,
aesthetic, engineering, architectural, or natural history,
B. Reflects distinctive examples of community planning or significant development
patterns, including those associated with different eras of settlement and
growth, agricultural, or transportation.
NOW THEREFORE, BE IT RESOLVED THE CITY COUNCIL OF THE CITY OF
PALM DESERT DOES HEREBY DESIGNATE SANDPIPER CONDOMINIUMS CIRCLE
1 LOCATED ON EL PASEO, AS A LOCAL HISTORIC DISTRICT.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California at its regular meeting held this 14th day of April 2022, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________
JAN C. HARNIK, MAYOR
ATTEST:
ANTHONY J. MEJIA, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
Page 634