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HomeMy WebLinkAbout2022-05-26 Agenda packet w pg numbers 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) AGENDA Thursday, May 26, 2022 2:00 p.m. Study Session 3:30 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 in­person public access to the meeting location. City Council Meetings are live­streamed. You can access and view through the City’s website at www.cityofpalmdesert.org, under the Council Agenda link at the top of the homepage. Options for participating in the meeting: To participate by email, internet or telephone, see detailed instructions on the last page. AGENDA Thursday, May 26, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Agenda Page 2 CALL TO ORDER – 3:30 P.M. PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY Any person wishing to discuss any Closed Session business that is within the subject matter may participate utilizing one of the three options listed on the back page of this agenda. ADJOURN TO CLOSED SESSION CLOSED SESSION ITEMS A. Closed Session Meeting Minutes: April 28, 2022 B. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1. (City) Property: 45654 Portola Avenue (APN 627­351­010) City Negotiator: Todd Hileman/Martin Alvarez Other Party Negotiator: N/A Property Owner: City of Palm Desert 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 – 4:00 P.M. a. Roll Call b. Pledge of Allegiance to the Flag – Councilmember Kathleen Kelly c. Inspiration/Invocation – Councilmember Karina Quintanilla REPORT ON ACTION FROM CLOSED SESSION AWARDS, PRESENTATIONS, AND APPOINTMENTS a. Williams Syndrome Awareness Month .................................................................. Page 9 CITY MANAGER COMMENTS MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION AGENDA Thursday, May 26, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Agenda Page 3 NON­AGENDA PUBLIC COMMENTS This is an opportunity for the public to speak on issues that are not on the agenda for a maximum of three minutes. Speakers may utilize one of the three options listed on the back page of this agenda. Because the Brown Act does not allow the City Council, Successor Agency, and Housing Authority Boards to take action on items not on the Agenda, members may briefly respond or instead refer the matter to staff for report and recommendation at a future City Council, Successor Agency, or Housing Authority Meeting. CONSENT CALENDAR All matters listed on the Consent Calendar are considered routine and may be approved by one (1) motion. A1. Approve Minutes of the regular City Council, Successor Agency, and Housing Authority meeting of April 28, 2022. .......................................................................................... Page 11 Rec.: Approve Minutes of the April 28, 2022, meeting as presented. A2. Approve warrants issued for the period of 04/29/2022 to 05/06/2022. ................... Page 21 Rec.: Approve the warrants issued for the period 04/29/2022 to 05/06/2022 in the total amount of $2,624,232.53. A3. Adopt a Resolution supporting the Independent Review Panel established by the Salton Sea Management Program review and consider the impacts of greenhouse gas emissions during the comprehensive analysis of water import alternatives as part of the long­term solution for the Salton Sea. ................................................................................. Page 47 Rec.: Adopt a Resolution supporting the Independent Review Panel established by the Salton Sea Management Program review and consider the impacts of greenhouse gas emissions during the comprehensive analysis of water import alternatives as part of the long­term solution for the Salton Sea. A4. Adopt Resolution authorizing the City of Palm Desert's Code Compliance Division to serve as the enforcement agency for AB 1276 within the City of Palm Desert, California. .......... ........................................................................................................................... Page 51 Rec.: Waive further reading and adopt Resolution authorizing the City of Palm Desert’s Code Compliance Division to serve as the enforcement agency for AB 1276 within the City of Palm Desert, California. A5. Adopt Resolution to authorize the destruction of paper records that have been digitally imaged from the Development Services Department (Planning/Land Development Division), to rely on the electronic record as the official record. ........................... Page 55 Rec.: Waive further reading and adopt. AGENDA Thursday, May 26, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Agenda Page 4 A6. Approve the purchase of gas and diesel fuel from Beck Oil, Inc., during Fiscal Year (FY) 2022/23 (Project 796­23). .................................................................................. Page 63 Rec.: 1. Approve the purchase of gas and diesel fuel from Beck Oil, Inc., during Fiscal Year (FY) 2022/23 for City fleet and equipment in an amount not to exceed $120,000, and Desert Willow maintenance vehicles and equipment in an amount not to exceed $120,000; 2. Authorize the City Manager or designee to review and approve written contract amendment and change order 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 Account No. 1104331­ 4217000, Auto Fleet­Supply Automotive Gas, and Account No. 5204195­4803100, Desert Willow Maintenance Facility. A7. Approve Change Order No. 1 to Contract No. C39820 for Landscape Maintenance Area No. 16 with Vintage Landscape, Inc., of Bermuda Dunes, California, in the annual amount of $27,564 (Project No. 916­21). ........................................................................ Page 75 Rec.: 1. Approve Change Order No. 1 to Contract No. C39820 for Landscape Maintenance Area No. 16 (LMA 16) with Vintage Landscape, Inc., of Bermuda Dunes, California, in the annual amount of $27,564; 2. Authorize the City Manager or designee to review and approve written contract amendments and change order requests for unanticipated conditions per Section 3.30.170 of the Palm Desert Municipal Code; and 3. Authorize the City Manager to execute said change order. A8. Authorize Amendment No. 3 to the Reimbursement Agreement between CVAG, the City of Palm Desert, and the County of Riverside; and a Memorandum of Understanding between CVAG and the City of Palm Desert for the Portola Avenue Interchange at I­10 Project. ............................................................................................................... Page 83 Rec.: 1. Authorize Amendment No. 3 to Contract No. C27330B, Reimbursement Agreement between CVAG, the City of Palm Desert, and the County of Riverside for the Portola Avenue Interchange at I­10 Project; 2. Authorize a Memorandum of Understanding between CVAG and the City of Palm Desert Regarding Reimbursement Agreement for the Portola Avenue Interchange at I­10 Project; and 3. Authorize the Mayor to execute the Agreements. AGENDA Thursday, May 26, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Agenda Page 5 A9. Accept Contract No. C40210 with Shade Structures, Inc. dba USA Shade & Fabric Structures for the Palm Desert Aquatic Center Shade Structure Installation Project as complete and authorize the City Clerk to file the Notice of Completion. ................. Page 91 Rec.: 1. Accept the Palm Desert Aquatic Center Shade Structure Installation Project as complete; and 2. Authorize the City Clerk to file the Notice of Completion. A10. Approval of a fee waiver of facility use fees for the use of Civic Center Park for the 2022 Lincoln Elementary School 5th Grade Year End Picnic. ..................................... Page 97 Rec.: Approve a fee waiver of facility use fees for the use of Civic Center Park for the 2022 Lincoln Elementary School 5th Grade Year End Picnic. A11. Ordinance No. 1383 of the City Council of the City of Palm Desert, California, amending Palm Desert Municipal Code, Chapter 25, modifying Chapter 25.10 R­2 Zoning (Mixed Residential District) and Chapter 25.68 (Decisions by the Architectural Review Commission) regarding second story projects (Case No. ZOA22­0003) (2nd reading). .. ........................................................................................................................... Page 99 Rec.: Waive further reading and adopt. A12. Ordinance No. 1384, adopting a resolution of the Planning Commission of the City of Palm Desert, California, recommending approval of a Zoning Ordinance Amendment to modify Palm Desert Municipal Code Chapter 25 (Zoning) relating to land uses (Case No. ZOA22­0004) (2nd reading). ............................................................................. Page 105 Rec.: Waive further reading and adopt. A13. Submission of a letter of opposition for Assembly Bill 2237 regarding Transportation planning: regional transportation improvement plan: sustainable communities strategies: climate goals. ................................................................................................... Page 113 Rec.: Approve the submission of a letter of opposition for Assembly Bill 2237 regarding Transportation planning: regional transportation improvement plan: sustainable communities strategies: climate goals. A14. Submission of a letter of opposition for Assembly Bill 2438 regarding local transportation funding: alignment with State plans. .................................................................. Page 123 Rec.: Approve the submission of a letter of opposition for Assembly Bill 2438 regarding local transportation funding: alignment with State plans. AGENDA Thursday, May 26, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Agenda Page 6 ACTION CALENDAR B1. Adopt a Resolution approving the Fiscal Year 2022/23 SB1 Project List to be funded by Senate Bill 1: The Road Repair Accountability Act. .......................................... Page 133 Rec.: Waive further reading and adopt and adopt a Resolution approving the Fiscal Year (FY) 2022/23 Project List to be funded by Senate Bill 1 (SB1): The Road Repair and Accountability Act. B2. Adopt Resolution amending the Video Surveillance on City Property Policy and Procedure. ......................................................................................................................... Page 137 Rec.: Waive further reading and adopt a resolution amending the Video Surveillance on City Property Policy and Procedure. B3. Award Contract for Landscape Maintenance Area No. 17 to Vintage Landscape, Inc., of Bermuda Dunes, California (Project No. 917­22). ............................................... Page 149 Rec.: 1. Award Contract for Landscape Maintenance Area No. 17 to Vintage Landscape, Inc., of Bermuda Dunes, California, in the annual amount of $340,800; 2. Authorize extra repair work and services in an annual amount not to exceed $70,000; 3. Authorize the City Manager or designee to review and approve written contract amendment and change order requests for unanticipated conditions per Section 3.30.170 of the Palm Desert Municipal Code; and 4. Authorize the Mayor to execute said agreement. B4. Approve a two­year agreement for an Emergency Services Coordinator with the County of Riverside Emergency Management Department, in an amount not to exceed $160,000. ......................................................................................................................... Page 209 Rec.: 1. Approve a two­year agreement for an Emergency Services Coordinator with the County of Riverside Emergency Management Department, in an amount not to exceed $160,000; and 2. Authorize the City Manager to execute the agreement, as approved to form by the City Attorney. AGENDA Thursday, May 26, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Agenda Page 7 B5. Request for approval of addendum to Easement Agreement between the City of Palm Desert and The Gardens on El Paseo, LLC. .................................................... Page 223 Rec.: 1. Extend the approval of six (6) Tesla electric car charging stations located on the ground floor of The Gardens on El Paseo (The Gardens) parking garage; 2. Authorize the installation of six (6) new electric car charging stations in the parking garage; 3. Authorize the addition of advertising and promotional panels on the parking garage; 4. Authorize the City Attorney to draft a Fourth Addendum to the Easement Agreement between the City of Palm Desert and The Gardens on El Paseo, LLC.; and 5. Authorize the City Manager to execute all related documents. B6. Authorization to release a Request for Proposal (RFP) for operations of the 2022/2023 El Paseo Courtesy Cart Program and consideration of future programs and direction on exploring options for additional transportation routes throughout the City. ....... Page 287 Rec.: 1. Authorize staff to advertise an RFP inviting bids for the operation of the El Paseo Courtesy Carts in FY 2022/2023; and 2. Direct staff to explore options for additional transportation routes throughout the City of Palm Desert. B7. Request for feedback and direction regarding a potential ballot measure related to City Council districts. ............................................................................................... Page 293 Rec.: Provide feedback to staff as appropriate. PUBLIC HEARINGS C1. Adopt a resolution establishing Ironwood Park Utility Undergrounding District. ... Page 297 Rec.: 1. Conduct a Public Hearing and adopt a Resolution establishing the Ironwood Park Utility Underground District; and 2. Authorize the City Manager to execute all documents necessary to effectuate the establishment of the subject district. INFORMATION ITEMS ADJOURNMENT AGENDA Thursday, May 26, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Agenda Page 8 THREE OPTIONS FOR PARTICIPATING IN THE MEETING Option 1 ­ To participate by e­mail: Send your comments by email to: CouncilMeetingComments@cityofpalmdesert.org. E­mails received prior to 12:00 noon on the day of the City Council 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 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: (669) 900­9128 or (213) 338­8477 or (669) 219­2599. 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 the Mayor or City Clerk staff to announce your name/phone number. Press *6 to unmute your line and limit your comments to three (3) minutes. Staff reports for all agenda items considered in open session, and documents provided to a majority of the legislative bodies regarding any item on this agenda, are available for public inspection at City Hall and on the City’s website at https://www.cityofpalmdesert.org by clicking “Council Agenda” at the top of the page. Declaration of Posting: I, Níamh M. Ortega, Deputy City Clerk of the City of Palm Desert, do hereby certify, under penalty of perjury under the laws of the State of California, that the foregoing agenda for the Palm Desert City Council, Successor Agency for the Palm Desert Redevelopment Agency, and Housing Authority, was posted on the City Hall bulletin board no less than 72 hours prior to the meeting. Dated this 19th day of May 2022. Note: This agenda is subject to amendment up to 72 hours in advance of the meeting. Níamh M. Ortega, Deputy City Clerk Whereas, Williams Syndrome is a rare genetic condition that is present at birth affects as many as 30,000 individuals in the United States and is characterized by medical and cognitive problems, including cardiovascular disease, developmental delays, and learning disabilities; and Whereas, the Williams Syndrome Association, founded in 1982 is a nonprofit organization and the most comprehensive resource for people and families living with Williams Syndrome, as well as for doctors, researchers, and educators. Through its efforts, from raising public awareness, to funding critical new research, and providing valuable information and support to families, the WSA has improved the quality of life and futures of those affected by Williams Syndrome; and Whereas, to generate awareness about Williams Syndrome and raise funding for critical WSA programs and initiatives, the WSA has organized May as Williams Syndrome Awareness Month which includes awareness efforts across the United States; and Whereas, the Williams Syndrome Association and the families and friends of those with Williams Syndrome should be commended for their hard work, compassion, and courage for educating the country about this rare disorder; and Whereas, the City of Palm Desert recognizes resident and Williams Syndrome Ambassador, Megan Murano, for her resilience, strength and ability to take a challenge and find ways to create opportunities that can provide benefit to all by contributing substantially to our community. Now, Therefore, I, Jan C. Harnik, Mayor of the City of Palm Desert, California, along with the entire City Council, do hereby proclaim the month of May 2022 as Williams Syndrome Awareness Month 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 26th day of May 2022 Page 9 of 303 [This page has intentionally been left blank.] Page 10 of 303 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, April 28, 2022 CALL TO ORDER – 3:00 P.M. The meeting was called to order at 3:00 p.m. Deputy City Clerk Ortega announced a typographical correction to the Assessor’s Parcel Number (APN) listed for Closed Session Item B1. The corrected APN was 694-120-025. ROLL CALL Present: Councilmember/Director/Member Kathleen Kelly Mayor Pro Tem/Vice Chair/Vice Chairman Sabby Jonathan 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 Anthony J. Mejia, City Clerk Niamh M. Ortega, Deputy City Clerk PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY None. ADJOURN TO CLOSED SESSION The meeting was adjourned to closed session at 3:02 p.m. A. Closed Session Meeting Minutes: April 14, 2022 Page 11 of 303 DRAFT MINUTES – For discussion purposes only APRIL 28, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Draft Minutes Page 2 B. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) (City) Property:North Sphere Land Acquisition (Northeast corner of Portola Avenue/Dinah Shore) (APN 694-120-025) City Negotiator: Todd Hileman/Eric Ceja Other Party Negotiator: N/A Property Owner: Palm Desert University Gateway 2) (City) Property:City of Palm Desert 10-acres (Palm Communities ENA/Gerald Ford) (APN 694-120-028) City Negotiator: Todd Hileman/Martin Alvarez Other Party Negotiator: N/A Property Owner: City of Palm Desert 3) (City) Property:Northwest corner of Portola Avenue/Dinah Shore Drive (32 acres) (APNs 694-510-013 and 694-130-0207) City Negotiator: Todd Hileman/Eric Ceja Other Party Negotiator: N/A Property Owner: Freeway Lanes C. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): 1) Potential cases: Two (2) Mayor Harnik adjourned the closed session at 4:40 p.m. RECONVENE THE CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MEETING Mayor Harnik reconvened the regular meeting at 4:50 p.m. a) Roll Call b) Pledge of Allegiance to the Flag – Mayor Jan C. Harnik c) Inspiration/Invocation – Councilmember Kathleen Kelly REPORT ON ACTION FROM CLOSED SESSION No reportable action was taken during Closed Session. Page 12 of 303 DRAFT MINUTES – For discussion purposes only APRIL 28, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Draft Minutes Page 3 AWARDS, PRESENTATIONS, AND APPOINTMENTS None. CITY MANAGER COMMENTS Mr. Thomas Soule, Public Affairs Manager, shared information on various events taking place in Palm Desert. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION Councilmember Quintanilla provided an update of the Cultural Resources/Cultural Arts. Councilmember Jonathan shared that it is Palm Desert Residents’ Day at Palm Springs Air Museum this weekend. Mayor Harnik reported on a recent press conference relative to the establishing a Cal State University Palm Desert, and also SCAG annual conference. NON-AGENDA PUBLIC COMMENTS A caller from (949) 300-1888 spoke in objection to Pacaso and fractional homeownership. Ms. Shannon Shea, Elderlove Executive Director, said her organization would submit a Community Development Block Grant (CDBG) application and shared their mission. Mr. Al Ortega spoke in favor of Pacaso and fractional homeownership. CONSENT CALENDAR All matters listed on the Consent Calendar are considered to be routine and may be approved by one (1) Minute Motion. 1. MINUTES of the regular City Council, Successor Agency, and Housing Authority Meeting of March 24, 2022 (CC) (SA) (HA) Rec.: Approve as presented. 2. APPROVE CLAIMS AND DEMANDS WARRANTS: City: 3/11/2022, 3/16/2022, 3/25/2022, 3/30/2022, 4/1/2022, 4/7/2022, 4/8/2022, 4/14/2022 (CC); City and Housing: 4/7/2022, 4/14/2022 (CC) (HA); Successor Agency: 4/1/2022, 4/15/2022 (SA) Rec.: Receive and file. Page 13 of 303 DRAFT MINUTES – For discussion purposes only APRIL 28, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Draft Minutes Page 4 3. RESOLUTION NO. 2022-30 adopting Action Minutes as the official format of the City of Palm Desert (CC) Rec.: Waive further reading and adopt Resolution No. 2022-30. 4. AWARD Contract No. C42950A in the amount of $29,745.69 to Kimley-Horn and Associates, Inc. of Indian Wells, California, for Professional Engineering and Design Services for the Highway Safety Improvement Program, Cycle 10, High Visibility Crosswalk Improvements (Project No. 600-21) (CC) Rec.: By Minute Motion: 1. Award Contract No. C42950A in the amount of $29,745.69 to Kimley- Horn and Associates, Inc. of Indian Wells, California, for professional engineering and design services for the Highway Safety Improvement Program (HSIP) Cycle 10, High Visibility Crosswalk Improvements; and 2. Authorize the City Manager to execute the contract. 5. APPROVE an amendment to Contract No. HA38930 with Curtis Allan Floorcovering, Inc., for purposes of procuring floor coverings and related supplies and services with Engineered Floors, LLC (dba J+J Flooring Group and dba EF Contract), at the Palm Desert Housing Authority properties in an annual amount not to exceed $250,000. (HA) Rec.: By Minute Motion, that the Authority Board: 1.Approve Amendment No. 1 (“Amendment”) to Contract No. HA38930 with Curtis Allan Floorcovering, Inc., (“Curtis Allan”) for purposes of procuring floor coverings and related supplies and services (includes costs for non-warrantee partial replacements and repairs) (“Contract” or “Agreement”, interchangeable), effective July 1, 2022, at the Palm Desert Housing Authority (“Authority”) properties for a two-year term under the National Cooperative Purchasing Alliance Agreement, Flooring & Outdoor Surfaces Solutions Contract No. 02-60, with Engineered Floors, LLC (dba J+J Flooring Group and dba EF Contract) pursuant to Section 3.30.160 (L) and 3.30.160 (E) of the City of Palm Desert Municipal Code in a total amount not to exceed $250,000 each year; 2.Authorize Staff and RPM Company (“RPM”), the Authority’s contracted management company, to procure the services as determined to be necessary and assign any additional non-warrantee partial replacements and repairs due to emergency actions and/or proactively responding to issues at the Authority properties (“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. Page 14 of 303 DRAFT MINUTES – For discussion purposes only APRIL 28, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Draft Minutes Page 5 6. APPROVE San Pablo Public Art Development Plan (CC) Rec.: By Minute motion, approve the San Pablo Public Art Development Plan. 7. DEACCESSION Desert Flower and Desert Star sculptures (CC) Rec.: By Minute Motion, deaccession Desert Flower and Desert Star sculptures. 8. APPROVE out-of-state travel for the City Manager, Finance Director, and Director of Economic Development, to visit with staff from the City of Westminster, Colorado on May 17, 2022 (CC) Rec.: By Minute Motion, approve out-of-state travel to Westminster, Colorado, for the City Manager, Finance Director, and Director of Economic Development. Main Motion:Approve all items on Consent Calendar, noting Mayor Harnik’s recusal on Item 4. Moved by:Kelly/Nestande Vote and Action:5 Yes/0 No. Motion Carried CONSENT ITEMS HELD OVER None. ACTION CALENDAR 9. ORDINANCE NO. 1382 amending and updating various sections of the Palm Desert Municipal Code (CC) Main Motion:Introduce, by title only, Ordinance No. 1382 entitled: An Ordinance of the City Council of the City of Palm Desert, California, Amending and Updating Various Sections of the Palm Desert Municipal Code, and pass to second reading. Moved by:Kelly/Jonathan Vote and Action:5 Yes/0 No. Motion Carried 10. RESOLUTION NO. 2022-31 rescinding Resolution No. 2019-77, and adopting a revised Community Event Sponsorship Policy (CC) Main Motion:Waive further reading and adopt Resolution No. 2022-31. Moved by:Kelly/Jonathan Vote and Action:4 Yes/0 No/1 Abstain (Quintanilla). Motion Carried Page 15 of 303 DRAFT MINUTES – For discussion purposes only APRIL 28, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Draft Minutes Page 6 11. AWARD Contract No. C43020 in the amount of $433,132.50 to Engineering Resources of Southern California, Inc. of Redlands, California, for Professional Engineering and Design Services for the Haystack Channel Improvements (Project No. 509-22) (CC) Main Motion:1. Award Contract No. C43020 in the amount of $433,132.50 to Engineering Resources of Southern California, Inc. of Redlands, California, for professional engineering and design services for the Haystack Channel Improvements; 2. Appropriate $500,000 from unobligated Fund 420 to the project account; 3. 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 4. Authorize the City Manager to execute the contract. Moved by:Kelly/Nestande Vote and Action:5 Yes/0 No. Motion Carried 12. APPROVE Amendment No. 1 (Contract No. C38851) to Contract No. C38850 for Arboricultural Services with West Coast Arborists, Inc. of Grand Terrace, California, in an annual amount not to exceed $975,000 (Project No. 933-23), and approval of Change Order No. 1 to C38850 for additional services during FY21/22 in the amount of $100,000 (Project No. 933-19) (CC) Main Motion:1. Approve the Amendment (“Amendment”) to Contract No. C38850 with West Coast Arborists, Inc. of Grand Terrace, California, for Arboricultural Services for City of Palm Desert (“City”), Desert Willow Golf Resort (“Desert Willow”) and Palm Desert Housing Authority (“Authority”), effective July 1, 2022, for a two-year term in an annual amount not to exceed $975,000; 2. Approve Change Order No. 1 to Contract No. C38850 for additional tree pruning services during FY21/22 in the amount of $100,000; 3. Authorize staff to assign additional services/extra work as determined to be necessary due to emergency work to mitigate hazardous conditions and proactively respond to unforeseen issues; and 4. Authorize the Mayor and/or Executive Director to execute the Amendment Agreement. Moved by:Quintanilla/Nestande Vote and Action:5 Yes/0 No. Motion Carried Page 16 of 303 DRAFT MINUTES – For discussion purposes only APRIL 28, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Draft Minutes Page 7 13. APPROPRIATE additional funds in the amount of $340,000 for construction contingency and Approve Amendment No. 2 to Contract No. C37040B with Southstar Engineering of Riverside, California in an amount not to exceed $300,000 for additional construction management and inspection services related to Presidents’ Plaza East and West Parking Lot Improvements (Project No. 758-14) (CC) Main Motion:1. Approve additional contingency funds in the amount of $340,000 to Contract No. C37040A with H&H General Contractors Inc. of Highland, California; 2. Approve Amendment No. 2 to Contract No. C37040B with Southstar Engineering and Consulting of Riverside, California, for additional construction management and inspection services in an amount not to exceed $300,000; 3. Appropriate $640,000 from Unobligated General Funds to Account No. 4004692-4400100; and 4. Authorize the City Manager or designee to execute the amendment and to review and approve written requests for the use of the contingency for unforeseen conditions up to the contingency amount. Moved by:Quintanilla/Kelly Vote and Action:5 Yes/0 No. Motion Carried 14. REQUEST FOR FEEDBACK AND DIRECTION on the development of a Facilities and Park Use Policy and amendments to Title 11, Parks, of the Palm Desert Municipal Code (CC) Main Motion:Direct staff to initiate an amendment to Title 11 of the Palm Desert Municipal Code and to prepare an administrative policy on the administration of the permitting process for park use permits together with any necessary fee resolutions with an additional disclosure on application to state the event is not sponsored/endorsed by the City of Palm Desert where applicable. Moved by:Quintanilla/Nestande Vote and Action:5 Yes/0 No. Motion Carried 15. REQUEST FOR FEEDBACK AND DIRECTION on changes to the Local Meeting and Local Event Reimbursement Policy (CC) It was the consensus of the City Council to direct staff to return the item to the Consent Calendar at the meeting of May 12, 2022, for Council consideration. 16. REQUEST FOR FEEDBACK AND DIRECTION on the priorities for the disposition of Successor Agency and City properties listed on the Central Inventory of surplus land and land in excess of Palm Desert’s foreseeable need (CC) (SA) Page 17 of 303 DRAFT MINUTES – For discussion purposes only APRIL 28, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Draft Minutes Page 8 Main Motion:Continue to a date uncertain, with direction for staff to provide recommended prioritization. Moved by:Kelly/Quintanilla Vote and Action:5 Yes/0 No. Motion Carried PUBLIC HEARING 17. ORDINANCE No. 1378 to approve Zoning Ordinance Amendment 22-0001 to modify Palm Desert Municipal Code Section 25.34.060 regarding Time-Share Projects. (Continued from March 24, 2022) (1st reading) (CC) Councilmember Nestande recused herself from this item due to a conflict of interest. The City Council received a report from staff. Mayor Harnik opened the public hearing. Mr. Marcus Schwab spoke in support of the zoning ordinance amendment and in opposition to Pacaso homeownership. Ms. Ellen Kane spoke in support of the zoning ordinance amendment and in opposition to timeshares in residential zones. Mr. Mike [no last name] stated he is a Pacaso owner and spoke in opposition to the zoning ordinance amendment. Mr. Gabe Dima-Smith, Pacaso representative, spoke in opposition to the zoning ordinance amendment and in support of multi-owner homeownership. Ms. Pat Smidores spoke in favor of the zoning ordinance amendment and in opposition to Pacaso. Dr. Cyrus Tahmasebi, 72895 Bel Air Road, Palm Desert, spoke in favor of the zoning ordinance amendment and in opposition to Pacaso. Mr. Craig Pearson, Somera Road, Palm Desert, spoke in favor of the zoning ordinance amendment and in opposition to Pacaso. Mr. Brian Nestande, 22 Calle Lantana, Palm Desert, spoke in opposition to the zoning ordinance amendment and in favor of Pacaso. Ms. Renee Mead, 6510 Stuart Ave NE, Washington, Palm Desert address also on Skyward way spoke in opposition to the zoning ordinance amendment and in favor of Pacaso. Page 18 of 303 DRAFT MINUTES – For discussion purposes only APRIL 28, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Draft Minutes Page 9 Mr. Cosgrove spoke in favor of the zoning ordinance amendment and in opposition to Pacaso. Mr. Paul Murphy spoke in favor of the zoning ordinance amendment and in opposition to Pacaso. Hearing no further comments, Mayor Harnik closed the public hearing. Main Motion:Waive further reading and pass to second reading Ordinance No. 1378 approving Zoning Ordinance Amendment 22-0001 to modify Palm Desert Municipal Code Section 25.34.060 regarding Time-Share Projects. Moved by:Kelly/Quintanilla Vote and Action:3 Yes/1 No (Jonathan)/1 Recuse (Nestande). Motion Carried ADJOURNMENT With City Council, Successor Agency, and Housing Authority concurrence, Mayor Harnik adjourned the meeting at 7:34 p.m. JAN C. HARNIK MAYOR/CHAIR/CHAIRMAN ATTEST: NÍAMH M. ORTEGA, DEPUTY CITY CLERK AND ASSISTANT SECRETARY Palm Desert City Council Successor Agency to the Palm Desert Redevelopment Agency Housing Authority Page 19 of 303 [This page has intentionally been left blank.] Page 20 of 303 STAFF REPORT CITY OF PALM DESERT MEETING DATE:May 26, 2022 PREPARED BY:Arlene Arellano, Accounting Technician APPROVING AUTHORITY:City Council REQUEST:Request from the Treasurer to Approve Warrants Issued for the Period 04/29/2022 to 05/06/2022. Recommendation: Staff recommends that the City Council approve the warrants issued for the period 04/29/2022 to 05/06/2022 in the total amount of $2,624,232.53. Background/Analysis: Date Description of Warrants Amount 4/29/2022 City & Housing - Wires $102,883.62 5/6/2022 Successor Agency - Wire $1,397,847.00 4/29/2022 City & Housing $853,750.69 5/5/2022 City & Housing $219,976.05 5/6/2022 City & Housing $49,775.17 Grand Total $2,624,232.53 Financial Impact: None. Funds for these payments with the amount of $2,624,232.53 are available in the adopted Fiscal Year 2021-2022 budget. Attachments: 1. Warrants Issued 04.29.2022 to 05.06.2022 Page 21 of 303 Page 22 of 303 Page 23 of 303 Page 24 of 303 Page 25 of 303 Page 26 of 303 Page 27 of 303 Page 28 of 303 Page 29 of 303 Page 30 of 303 Page 31 of 303 Page 32 of 303 Page 33 of 303 Page 34 of 303 Page 35 of 303 Page 36 of 303 Page 37 of 303 Page 38 of 303 Page 39 of 303 Page 40 of 303 Page 41 of 303 Page 42 of 303 Page 43 of 303 Page 44 of 303 Page 45 of 303 [This page has intentionally been left blank.] Page 46 of 303 STAFF REPORT CITY OF PALM DESERT MEETING DATE:May 26, 2022 PREPARED BY:Heather Horning, Assistant to the City Manager APPROVING AUTHORITY:City Council REQUEST:Adopt a Resolution supporting the Independent Review Panel established by the Salton Sea Management Program review and consider the impacts of greenhouse gas emissions during the comprehensive analysis of water import alternatives as part of the long-term solution for the Salton Sea. Recommendation: By Minute Motion, adopt the attached Resolution supporting the Independent Review Panel established by the Salton Sea Management Program review and consider the impacts of greenhouse gas emissions during the comprehensive analysis of water import alternatives as part of the long-term solution for the Salton Sea. Background/Analysis: In 2019, at the request of the Salton Sea Authority, the City of Palm Desert along with other cities in the valley passed a resolution (Resolution No. 2019-06) in support of the MOU between the Counties of Imperial and Riverside to send a message of unified support to the State of California to expedite remediation of the Salton Sea, in whatever form restoration may take for the sake of averting further environmental and economic degradation of our region. In 2020, the City Council approved a Resolution (Resolution No. 2030-75) to encourage the State of California to move forward with a comparative engineering review of the water import proposals received by the state in late 2018. This Resolution was requested at the request of the Salton Sea Coalition, a stakeholder group not affiliated with the Salton Sea Authority. The Salton Sea Management Program (SSMP) has established an Independent Review Panel (Panel) to review concepts for water importation to the Salton Sea for its long-term restoration. SSMP has contracted the University of California, Santa Cruz (UCSC) to establish the Panel and provide research and analytical support. The Panel includes expertise across the spectrum of engineering, environment, law, regulation, public engagement, and quantitative analysis. The Panel will review the 11 water importation proposals and will rank feasible projects based upon defined criteria and technical analysis. Part of the review process entails a Screening Report-Out, Feasibility Report-Out, and Summary Report. The Summary Report and final deliverables will include the findings of the study and a recommendation to the State of California. The Salton Sea Coalition has requested the City approve a Resolution requesting the Panel consider the impacts of greenhouse gas emissions during the review of water import proposals for the Salton Sea. This request is not in conflict with previously approved Resolutions, but rather is brought forth as a way for the City to provide continued support for action and encourage the State of California to keep restoration at the forefront of their environmental and economic priorities. Page 47 of 303 May 26, 2022 – Staff Report Salton Sea Resolution Page 2 of 2 Financial Impact: There is no fiscal impact associated with this action. Attachments: 1. Resolution Page 48 of 303 RESOLUTION NO. 2022-_____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING ITS SUPPORT FOR INDEPENDENT REVIEW PANEL ESTABLISHED BY THE SALTON SEA MANAGEMENT PROGRAM TO REVIEW AND CONSIDER THE IMPACTS OF GREENHOUSE GAS EMISSIONS DURING THE COMPREHENSIVE ANALYSIS OF WATER IMPORT ALTERNATIVES AS PART OF THE LONG-TERM SOLUTION FOR THE SALTON SEA WHEREAS, the Salton Sea Restoration Act (known as the California Fish and Game Code 2931) in part provides that: 1.The State of California undertake the restoration of the Salton Sea ecosystem and the permanent protection of the wide variety of flora and fauna dependent upon the ecosystem. 2.Restoration shall be based upon an approved preferred alternative utilizing the Salton Sea Restoration Fund and other funds made available by the California Legislature and the federal government. 3.Air quality impacts to the surrounding region, both existing and foreseeable, shall be mitigated. 4.Complete engineering studies regarding water replenishment alternatives shall be incorporated into the restoration plan of the Salton Sea. 5.Cooperation with local governments, nonprofit organizations, private businesses and the public shall be included as a basis for moving forward. WHEREAS, the State of California has developed the Salton Sea Management Program through departments within the California Natural Resources Agency and Environmental Protection Agency, and is obligated to pay for certain costs related to habitat, air and water quality issues at the Salton Sea; and WHEREAS, the California State Water Resources Control Board has an oversight role in monitoring and ensuring progress towards the goals of the Salton Sea Management· Program, and has set a deadline of December 31, 2022, for the completion of a long-term plan regarding the Salton Sea; and WHEREAS, on February 14, 2019, the City Council adopted Resolution No. 2019-06 in support of the memorandum of understanding between the County of Imperial and the County of Riverside concerning unified support for the Salton Sea; and Page 49 of 303 Resolution No. 2021-_______ WHEREAS, Resolution No. 2019-06 stated, "Parties are supportive of comprehensive analysis of ocean water importation as a long-term solution for the restoration of the Salton Sea. Parties respectfully request analysis be conducted of ocean water importation and incorporated into the Salton Sea Management Plan," and WHEREAS, on October 15, 2020, the City Council adopted Resolution No. 2020- 75 in support of the Salton Sea Management Program including funding for a comparative analysis of water import options to save the Salton Sea; and WHEREAS, the Salton Sea Management Program has established an Independent Review Panel to review the concepts for water importation to the Slaton Sea for it’s long-term restoration. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: 1. The City Council reiterates their support of the Salton Sea Management Program conducting a comparative review of the water import proposals accepted by the State of California in 2018 through the Independent Review Panel. 2. The City Council requests that the Independent Review Panel for Salton Sea water importation established by the Salton Sea Management Program review and consider the impacts of greenhouse gas emissions during the comprehensive analysis of water import alternatives as part of the long- term solution for the Salton Sea. PASSED, APPROVED, AND ADOPTED on this 26th day of May 2022 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 50 of 303 STAFF REPORT CITY OF PALM DESERT MEETING DATE:May 26, 2022 PREPARED BY:Trisha Stull, Management Analyst APPROVING AUTHORITY:City Council REQUEST:Adopt Resolution authorizing the City of Palm Desert's Code Compliance Division to serve as the enforcement agency for AB 1276 within the City of Palm Desert, California Recommendation: Waive further reading and adopt Resolution authorizing the City of Palm Desert’s Code Compliance Division to serve as the enforcement agency for AB 1276 within the City of Palm Desert, California. Background/Analysis: Assembly Bill 1276, the Single-use Foodware Accessories and Standard Condiments Bill, was passed in October 2021 with the aim to reduce the number of single-use foodware items and condiments in the waste stream. The bill went into effect January 1, 2022 and prohibits food facilities from providing any single-use foodware accessory or standard condiment to a consumer unless specifically requested by the consumer. Additionally, it prohibits those types of items from being bundled or packaged in a way that prohibits the consumer from only taking the desired item. There are provisions for drive- through and airport consumers and requirements on third-party food delivery platforms, as well as exclusions for correctional institutions, health care facilities, residential care facilities, and public and private school cafeterias. Furthermore, the bill requires that cities authorize an enforcement agency to enforce these requirements on or before June 1, 2022. The bill specifies that the first and second violations result in a notice of violation, and any subsequent violation is an infraction punishable by a fine of $25 for each day in violation, but not to exceed an annual total of $300. The City’s Code Compliance Division would be the most effective to enforce this bill as they are already in the field and trained and authorized to provide enforcement. Staff plans to develop and distribute educational materials regarding AB 1276 for affected Palm Desert businesses to ensure they are informed of this new legislation and are aware of best practices on compliance. Staff recommends adopting the attached resolution authorizing the City’s Code Compliance Division to serve as the enforcement agency for AB 1276 within the City of Palm Desert, California. Financial Impact: There is no budgetary impact associated with the proposed adoption of the resolution. The impact to the Code Compliance Division is expected to be minimal. There will likely be costs associated with the development and distribution of educational material on AB 1276 which can be paid out of the Recycle Fund. Page 51 of 303 May 26, 2022 – Staff Report AB 1276 Enforcement Agency Page 2 of 2 3 2 5 Attachments: 1. Resolution Page 52 of 303 RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE CITY OF PALM DESERT’S CODE COMPLIANCE DIVISION TO SERVE AS THE ENFORCEMENT AGENCY FOR AB 1276 WITHIN THE CITY OF PALM DESERT, CALIFORNIA. WHEREAS, Assembly Bill 1276, Single-use Foodware Accessories and Standard Condiments, passed October 5, 2021 and went into effect January 1, 2022; and WHEREAS, the bill requires a city, county, or city and county, on or before June 1, 2022, to authorize an enforcement agency to enforce the requirements of AB 1276; and WHEREAS, the bill specifies that the first and second violations result in a notice of violation, and any subsequent violation is an infraction punishable by a fine of $25 for each day in violation, but not to exceed an annual total of $300. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, that the Code Compliance Division is designated as the enforcement agency to enforce the requirements of AB 1276 within the City of Palm Desert, California; PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California at its regular meeting held this 26th day of May 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 53 of 303 [This page has intentionally been left blank.] Page 54 of 303 STAFF REPORT CITY OF PALM DESERT MEETING DATE:May 26, 2022 PREPARED BY:Monica O'Reilly, Management Specialist II APPROVING AUTHORITY:City Council REQUEST:Resolution to authorize the destruction of paper records that have been digitally imaged from the Development Services Department (Planning/Land Development Division), to rely on the electronic record as the official record. Recommendation: Waive further reading and adopt. Background/Analysis: Resolution No. 2022-___ allows the destruction of certain records upon approval of the City Council by resolution. The proposed records have been digitally imaged and the City will rely on the electronic record as the official record. Financial Impact: This action does not have a direct financial impact. Attachments: 1. Resolution 2. Exhibit A Page 55 of 303 RESOLUTION NO. 2022-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND AUTHORIZING THE DESTRUCTION OF PAPER RECORDS THAT HAVE BEEN DIGITALLY IMAGED FROM THE DEVELOPMENT SERVICES DEPARTMENT (PLANNING/LAND DEVELOPMENT DIVISION), TO RELY ON THE ELECTRONIC RECORD AS THE OFFICIAL RECORD WHEREAS, the Development Services Department of the City of Palm Desert, California, has imaged, in compliance with applicable state laws, official files, records, exhibits, permits, and other documents of said department; and WHEREAS, the images have been quality checked, and contain all significant details from the original and are an adequate substitute for the original document for all purposes for which the document was created or maintained; and WHEREAS, indexing has been verified/quality checked; and WHEREAS, the images have been placed on optical media that cannot be altered or changed (DVD-r, CD-R, or WORM), microfilm or microfiche; and WHEREAS, the optical media that cannot be altered or changed (DVD-r, CD-R, or WORM), microfilm or microfiche, has been stored in a safe and separate location. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: Section 1. That the above recitations are true and correct and constitute the findings of the Coty Council in this matter. Section 2. That it does hereby approve the destruction of the paper version of the documents, records or files as set forth in Exhibit “A” attached hereto, to rely on the images as the “Official Record” and will be retained for the applicable retention period. Section 3. That mass grading plans, precise grading plans, rough grading plans, sewer water plans, street grading plans, and stormwater pollution prevention plans dated 1972-2015 have exceeded its retention period (Exhibit “A”). Page 56 of 303 RESOLUTION NO. 2022-____ 2 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert City Council held on this 26th day of May 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 57 of 303 RESOLUTION NO. 2022-____ 3 EXHIBIT “A” DESTRUCTION OF FILES FROM THE DEVELOPMENT SERVICES DEPARTMENT (PLANNING/LAND DEVELOPMENT DIVISION) THAT HAVE EXCEEDED ITS RETENTION PERIOD PRECISE GRADING PLANS AND ROUGH GRADING PLANS (MYLARS 2010-2014) BOX NO. D-PL-10 RETENTION NO.TYPE PROJECT NO. CASE NO.PROJECT NAME YEAR PW-017 PRECISE GRADING PLAN G-1259 TR 18942 BUFFALO WILD WINGS 2010 PW-017 PRECISE GRADING PLAN G-1260 TR 34391 KINGSTON COURT 2012 PW-017 PRECISE GRADING PLAN G-1261 TR 31490-1 LEGENDS AT THE GALLERY 2011 PW-017 PRECISE GRADING PLAN G-1262 TR 31490-1 LEGENDS AT THE GALLERY 2011 PW-017 PRECISE GRADING PLAN G-1263 PM 31730 THE VINEYARDS-ADA RAMP 2011 PW-017 PRECISE GRADING PLAN G-1264 TR 34391 IMPERIAL COURT 2011 PW-017 PRECISE GRADING PLAN G-1265 TR 31071 DOLCE OFF-STREETS 2011 PW-017 PRECISE GRADING PLAN G-1266 TR 31490-1 PANDROSA HOMES LOTS 119-122 2011 PW-017 PRECISE GRADING PLAN G-1267 TR 31071 DOLCE 2011 PW-017 ROUGH GRADING PLAN G-1268 TR 36335 THE GALLERY 2011 PW-017 PRECISE GRADING PLAN G-1269 ST. JOHNS LUTHERAN CHURCH ADDITION 2011 PW-017 PRECISE GRADING PLAN G-1270 PM 24794 TOYS'R'US 2011 PW-017 PRECISE GRADING PLAN G-1271 PALM DESERT SENIOR LIVING 2011 PW-017 PRECISE GRADING PLAN G-1272 # 11-52508 RED LOBSTER 2011 PW-017 PRECISE GRADING PLAN G-1273 TR 31490-1 TR 36335 LEGENDS AT THE GALLERY 2011 PW-017 PRECISE GRADING PLAN G-1274 TR 31490-2 RENAISSANCE II 2011 PW-017 PRECISE GRADING PLAN G-1275 PM 34211-1 DEPARTMENT OF MOTOE VEHICLES 2012 PW-017 PRECISE GRADING PLAN G-1276 IRONWOOD CC NORTH GATE 2012 PW-017 PRECISE GRADING PLAN G-1278 TR 31490-1 TR 36335 LEGENDS OF THE GALLERY 2012 PW-017 PRECISE GRADING PLAN G-1279 TR 28818-5 MARRIOTT SHADOW RIDGE 2012 PW-017 PRECISE GRADING PLAN G-1280 TR 34391 PALM SPRINGS ART MUSEUM 2012 PW-017 PRECISE GRADING PLAN G-1281 TR 31490-1 PRESBYTERIAN CHURCH MONOPALM 2012 PW-017 PRECISE GRADING PLAN G-1282 PM 28100 BIGHORN CC FITNESS CENTER 2012 PW-017 PRECISE GRADING PLAN G-1283 PM 31730 UNIVERSITY POINTE COURT 2012 PW-017 PRECISE GRADING PLAN G-1284 TR 34391 EL PASEO COLLECTION FASHION PLAZA 2013 PW-017 PRECISE GRADING PLAN G-1285 TR 31071 EROSION CONTROL PLAN 2013 PW-017 ROUGH GRADING PLAN G-1285 TR 31676 CORNISHE AT BIGHORN 2014 PW-017 PRECISE GRADING PLAN G-1286 TR 31490-1 LEGENDS AT THE GALLERY 2012 PW-017 PRECISE GRADING PLAN G-1287 TR 19619 DESERT SPRINGS TENT RELOCATION 2012 PW-017 PRECISE GRADING PLAN G-1288 TR 32498 UNIVERSITY POINTE COURT 2013 PW-017 PRECISE GRADING PLAN G-1289 PM 26994 ONE EL PASEO RESTURANT 2013 PW-017 PRECISE GRADING PLAN G-1290 TR 32498 UNIVERSITY POINTE COURT 2013 Page 58 of 303 RESOLUTION NO. 2022-____ 4 PRECISE GRADING PLANS AND STORMWATER POLLUTION PREVENTION PLANS (MYLARS 2009-2012) BOX NO. D-PL-11 RETENTION NO.TYPE PROJECT NO. CASE NO.PROJECT NAME YEAR PW-017 PRECISE GRADING PLAN G-1230 PM 21895 ATRIA HACIENDA 2009 PW-017 PRECISE GRADING PLAN G-1231 NEIGHBORS APARTMENTS 2009 PW-017 ROUGH GRADING PLAN G-1232 CANYONS AT BIGHORN 2009 PW-017 SWPPP G-1232 CANYONS AT BIGHORN 2009 PW-017 PRECISE GRADING PLAN G-1233 PP 08-50 PALMA VILLAGE GROVES 2010 PW-017 PRECISE GRADING PLAN G-1234 EL PASEO RETAIL GROUP 2009 PW-017 ROUGH GRADING PLAN G-1235 PP 07-09 COACHELLA VALLEY WATER DISTRICT 2009 PW-017 PRECISE GRADING PLAN G-1236 PP 07-09 COACHELLA VALLEY WATER DISTRICT 2010 PW-017 PRECISE GRADING PLAN G-1237 PP 08-241 FARMERS INSURANCE BUILDING 2009 PW-017 PRECISE GRADING PLAN G-1238 PP 07-13 FIRESTONE TIRE STORE 2009 PW-017 PRECISE GRADING PLAN G-1239 PM 13584 EL PASEO COLLECTION NORTH-EPCN 2009 PW-017 PRECISE GRADING PLAN G-1240 PALM DESERT GREENS CLUBHOUSE 2009 PW-017 PRECISE GRADING PLAN G-1241 PM 31515 UNIVERSITY VILLAGE 2009 PW-017 PRECISE GRADING PLAN G-1242 PP 06-13 STARKS & CELAYA AUTO SHOP 2009 PW-017 PRECISE GRADING PLAN G-1243 PP 07-15 EL PASEO VILLAGE 2009 PW-017 PRECISE GRADING PLAN G-1244 TR 31490-1 RENAISSANCE 2010 PW-017 PRECISE GRADING PLAN G-1245 TR 31490-1 RENAISSANCE 2010 PW-017 PRECISE GRADING PLAN G-1246 TR 31490-1 RENAISSANCE 2010 PW-017 PRECISE GRADING PLAN G-1247 TR 31490-1 RENAISSANCE 2012 PW-017 SWPPP G-1248 TR 31490-1 RENAISSANCE 2011 PW-017 PRECISE GRADING PLAN G-1250 PM 21895 ATRIA HACIENDA 2010 PW-017 PRECISE GRADING PLAN G-1251 TR 34179 MONTEREY RIDGE 2010 PW-017 PRECISE GRADING PLAN G-1252 TR 39935 KINGSTON COURT 2010 PW-017 PRECISE GRADING PLAN G-1253 TR 39935 KINGSTON COURT 2010 PW-017 SWPPP G-1254 TR 31490 PONDEROSA HOMES II-THE GALLERY 2010 PW-017 PRECISE GRADING PLAN G-1255 PP 10-074 DESERT WILLOW TERRACE EXPANSION 2010 PW-017 PRECISE GRADING PLAN G-1256 TR 31490-1 THE LENENDS 2010 PW-017 PRECISE GRADING PLAN G-1257 MISC 10-29 PANERA BREAD CAFÉ 2010 PW-017 PRECISE GRADING PLAN G-1258 PP 10-074 DESERT WILLOW CLUBHOUSE EXPANSION 2010 Page 59 of 303 RESOLUTION NO. 2022-____ 5 MASS GRADING PLANS, PRECISE GRADING PLANS, ROUGH GRADING PLANS, SEWER/WATER PLANS, AND STORMWATER POLLUTION PREVENTION PLANS (MYLARS 2008-2010) BOX NO. D-PL-12 RETENTION NO.TYPE PROJECT NO. CASE NO.PROJECT NAME YEAR PW-017 PRECISE GRADING PLAN G-1201 PM 31515 HOMEWOOD SUITES 2008 PW-017 PRECISE GRADING PLAN G-1202 PP 07-03 BOB FORD BUILDING 2009 PW-017 PRECISE GRADING PLAN G-1203 PP 07-08 COLONNADE 2008 PW-017 PRECISE GRADING PLAN G-1204 PM 31563 SHANNON BUILDINGS 2008 PW-017 PRECISE GRADING PLAN G-1205 TR 35426 THE WESTIN DESERT WILLOW VILLAS 2009 PW-017 PRECISE GRADING PLAN G-1206 TR 2283 CALIFORNIA VILLAS 2008 PW-017 PRECISE GRADING PLAN G-1207 TR 31490-1 MASTERS AT THE GALLERY 2008 PW-017 ROUGH GRADING PLAN G-1208 TR 33837 SPANISH WALK 2008 PW-017 PRECISE GRADING PLAN G-1209 PM 31730 THE VINEYARDS 2008 PW-017 PRECISE GRADING PLAN G-1210 CUP 04-13 SACRED HEART CHURCH & SCHOOL 2008 PW-017 PRECISE GRADING PLAN G-1211 MISC 07-47 FAÇADE EHANCEMENT 2008 PW-017 PRECISE GRADING PLAN G-1212 PP 07-01 LONGS DRUGS 2009 PW-017 PRECISE GRADING PLAN G-1213 PP 07-04 MARTY'S TIRE PLUS 2008 PW-017 PRECISE GRADING PLAN G-1214 TR 33838-1 SPANISHWALK- ESPERANZA TRAIL 2008 PW-017 PRECISE GRADING PLAN G-1215 EL PASEO COLLECTION SOUTH 2008 PW-017 ROUGH GRADING PLAN G-1216 TR 31135 DORI CREE 2008 PW-017 ROUGH GRADING PLAN G-1217 PP 07-15 SEGOVIA SENIOR LIVING (OAKMONT)2008 PW-017 PRECISE GRADING PLAN G-1218 TR 31990-1 THE GALLERY 2008 PW-017 MASS GRADING PLAN G-1219 PP 07-10 EL PASEO VILLAGE-SAKS EXPANSION 2008 PW-017 PRECISE GRADING PLAN G-1220 TR 33837-1 SPANISH WALK - ESPERANZA 2008 PW-017 PRECISE GRADING PLAN G-1221 PP 07-15 OAKMONT SENIOR LIVING-EGOVIA 2009 PW-017 SEWER/WATER PLAN G-1221 PP 07-15 OAKMONT SENIOR LIVING-EGOVIA 2008 PW-017 PRECISE GRADING PLAN G-1222 TR 31490-1 THE GALLERY - PONDEROSA 2010 PW-017 PRECISE GRADING PLAN G-1223 PP 08-309 CALIFORNIA TEACHERS ASSC BDLG 2009 PW-017 SWPPP G-1223 PP 08-309 CALIFORNIA TEACHERS ASSC BDLG 2009 PW-017 PRECISE GRADING PLAN G-1224 TR 2283 CAIFORNIA VILLAS 2009 PW-017 PRECISE GRADING PLAN G-1225 PM 29465 COURTYARD BY MARRIOTT 2009 PW-017 PRECISE GRADING PLAN G-1226 PM 29465 RESIDENCE INN 2009 PW-017 PRECISE GRADING PLAN G-1227 TR 5565/TR 5569 SHERIFF'S STATION 2009 PW-017 PRECISE GRADING PLAN G-1228 TR 31490-1 PONDEROSA HOMES 2009 PW-017 PRECISE GRADING PLAN G-1229 IRONWOOD CC DUMP SITE 2009 Page 60 of 303 RESOLUTION NO. 2022-____ 6 PRECISE GRADING PLANS, ROUGH GRADING PLANS, AND STREET GRADING PLANS (MYLARS 1973-1997) BOX NO. D-PL-13 RETENTION NO.TYPE PROJECT NO. CASE NO.PROJECT NAME YEAR PW-017 PRECISE GRADING PLAN G-524 TR 27546 DESERT ROSE (LAS BRISAS)1993 PW-017 PRECISE GRADING PLAN G-532 TR 27520-2 BIGHORN MOUNTAINS 1993 PW-017 PRECISE GRADING PLAN G-533 AVONDALE MAINTENANCE BUILDING 1993 PW-017 STREET GRADING PLAN G-534 TR 26553/TR 20553 AVONDALE 1993 PW-017 PRECISE GRADING PLAN G-535 TR 27570-1/TR 27570-2 DESERT SPRINGS VILLAS II 1994 PW-017 PRECISE GRADING PLAN G-536 PP 93-02 PARKING LOT-OFFICE PROFESSIONAL 1994 PW-017 PRECISE GRADING PLAN G-537 PP 91-11 PALMA VILLAGE 1994 PW-017 PRECISE GRADING PLAN G-538 TR 27709-1 BIGHORN MOUNTAINS 1994 PW-017 PRECISE GRADING PLAN G-540 PM 27925 DESERT CROSSING 1994 PW-017 PRECISE GRADING PLAN G-541 CORPORATION YARD 1994 PW-017 PRECISE GRADING PLAN G-542 PM 27925 DESERT CROSSING 1994 PW-017 PRECISE GRADING PLAN G-543 PM 27885 FIRST BANK OF THE DESERT 1994 PW-017 PRECISE GRADING PLAN G-544 ST. JOHNS LUTHERAN CHURCH 1994 PW-017 PRECISE GRADING PLAN G-545 TR 27570-3/TR 27570-4 MARIOTT DESERT SPRINGS VILLAS II 1994 PW-017 PRECISE GRADING PLAN G-546 PM 27400 COOK SQUARE 1994 PW-017 PRECISE GRADING PLAN G-547 TR 27561 1994 PW-017 PRECISE GRADING PLAN G-548 TR 27882-1 MERANO - MODEL HOME 1994 PW-017 PRECISE GRADING PLAN G-549 TR 13145-18 PALM DESERT RESORTER 1981 PW-017 PRECISE GRADING PLAN G-550 TR 4871 PALM DESERT COUNTRY CLUB 1973 PW-017 ROUGH GRADING PLAN G-551 TR 8672-1 1978 PW-017 PRECISE GRADING PLAN G-554 TR 16164 1995 PW-017 PRECISE GRADING PLAN G-556 PM 11739 KERRIGAN OFFICE BUILDING 1995 PW-017 PRECISE GRADING PLAN G-557 PM 27925 DESERT CROSSING 1995 PW-017 PRECISE GRADING PLAN G-558 PM 27925 ISLANDS RESTAURANT 1995 PW-017 PRECISE GRADING PLAN G-559 TR 27709-1 BIGHORN MOUNTAINS 1997 PW-017 PRECISE GRADING PLAN G-560 CUP 84-09A VALLEY CHRISTIAN ASSEMBLY 1995 PW-017 PRECISE GRADING PLAN G-561 CUP 94-04 ST MARGARET'S CHURCH 1997 PW-017 PRECISE GRADING PLAN G-562 PP 95-04 SUNLIFE MEDICAL BUILDING 1995 PW-017 PRECISE GRADING PLAN G-563 PM 27925 BOSTON CHICKEN RESTURANT 1997 PW-017 PRECISE GRADING PLAN G-564 PM 17191 INDUSTRIAL BUILDING 1995 PW-017 PRECISE GRADING PLAN G-565 TR 25711 MODEL COMPLEX 1995 PW-017 ROUGH GRADING PLAN G-566 TR 27882 SEGOVIA SENIOR LIVING (OAKMONT)1995 PW-017 PRECISE GRADING PLAN G-567 SITE RESTORATION 1995 PW-017 PRECISE GRADING PLAN G-568 TR 19619 MARRIOTT DESERT SPRINGS-POOL 1995 PW-017 PRECISE GRADING PLAN G-569 TR 27709-1 BIGHORN HALFWAY FACILITY 1995 PW-017 PRECISE GRADING PLAN G-570 TR 27709-1 BIGHORN MOUNTAINS 1995 PW-017 PRECISE GRADING PLAN G-571 TR 2915 FIRST BAPTIST CHURCH 1995 PW-017 PRECISE GRADING PLAN G-572 BIGHORN GOLF COURSE RESTROOMS 1995 PW-017 PRECISE GRADING PLAN G-573 TR 27882-1 CVWD WELL SITE 1996 PW-017 PRECISE GRADING PLAN G-574 PM 17452 1995 PW-017 PRECISE GRADING PLAN G-575 TR 27570-7 DESERT SPRINGS VILLAS II 1995 PW-017 PRECISE GRADING PLAN G-576 TR 27570-7 DESERT SPRINGS VILLAS II 1996 PW-017 PRECISE GRADING PLAN G-577 PM 27065 OUTBACK STEAKHOUSE 1997 Page 61 of 303 [This page has intentionally been left blank.] Page 62 of 303 STAFF REPORT CITY OF PALM DESERT MEETING DATE:May 26, 2022 PREPARED BY:David Reyes, Street Maintenance Supervisor Marisol Lopez, Management Specialist II APPROVING AUTHORITY:City Council REQUEST:Approve the purchase of gas and diesel fuel from Beck Oil, Inc., during Fiscal Year (FY) 2022/23 (Project 796-23) Recommendation: By Minute Motion: 1. Approve the purchase of gas and diesel fuel from Beck Oil, Inc., during Fiscal Year (FY) 2022/23 for City fleet and equipment in an amount not to exceed $120,000; and Desert Willow maintenance vehicles and equipment in an amount not to exceed $120,000; 2. Authorize the City Manager or designee to review and approve written contract amendment and change order 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 Account No. 1104331-4217000, Auto Fleet-Supply Automotive Gas, and Account No. 5204195-4803100, Desert Willow Maintenance Facility. Background/Analysis: City fleet vehicles and power equipment depend on gasoline and diesel fuels to perform daily operations for the City and the Desert Willow Golf Resort. The cost of fuel is determined by Oil Price Information Service (OPIS), a company that accumulates price data and averages the per-gallon prices from the refineries that distribute fuel from the terminal in Colton, California. OPIS provides updated data at least once per day, depending upon market conditions. Public Works has requested a bid price from vendors that covers delivery, profit, and other fees for vendors to supply fuel to City-owned facilities. When purchasing fuel, the bid amount will be added to the OPIS average rack rate for the date of purchase to determine the total per-gallon cost paid. On April 18, 2022, a Request for Bids was advertised on the City of Palm Desert’s online bidding portal, OpenGov. Local vendors were contacted and encouraged to submit a bid. On May 6, 2022, the City received one bid from Beck Oil, Inc. of Victorville, California. The City uses three different fuels: 87 unleaded, clear diesel, and red-dyed diesel. Red dyed diesel functions the same as clear diesel but costs less because it is restricted to off-streets purposes. The red-dyed diesel will be used at the Desert Willow Golf Course Facility and for emergency generators. To ensure the vendors were providing the best price for all three fuel types, the City required the vendors to provide a per-gallon price for each fuel, based upon the actual rack rate for a specific date. Those prices were then weighted based upon the City’s usage. Page 63 of 303 May 26, 2022 – Staff Report Gas and Diesel Fuel Purchase Page 2 of 2 The City uses three times more unleaded gasoline than diesel. Therefore, the bid for unleaded gasoline is weighted three times heavier to prevent a vendor from submitting an unbalanced bid. As an example, the low-bid is detailed below: Beck Oil Inc. Unleaded Clear Diesel Dyed Diesel Base Rate 3.96 4.32 4.32 Plus: Tax, Delivery, and Profit .8037 .6802 .2912 Per Gallon Cost 4.7637 5.0002 4.6112 Weighting X 3 X 1 X 1 Weighted Value 14.2911 5.0002 4.6112 Total weighted value 23.9025 The sum of the weighted values equals the bid score. Fuel prices have increased significantly in recent months, reflecting the impacts of market conditions, labor wage increases, and supply chain issues. The bid has been reviewed and it is in line with market increases. Staff recommends awarding the contract to Beck Oil, Inc., for a term of five years, commencing July 1, 2022, with an option of three, one-year extensions. Financial Impact: The Public Works Department and Desert Willow Facility proposed operations budget for Fiscal Year 2022/23 included a total of $240,000 for the purchase of gas and diesel fuel. There is no impact beyond the contract amount. Attachments: 1. Short-Form Services Agreement Page 64 of 303 Revised 11-2-20 BBK 72500.00001\32374915.1 Contract No. ______________ CITY OF PALM DESERT GAS AND DIESEL FUEL PURCHASE SHORT-FORM SERVICES AGREEMENT 1. Parties and Date. This Agreement is made and entered into this 3rd day of May, 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, California (“City”) and Beck Oil, Inc, a Corporation, with its principal place of business at 46640 D. Street, Victorville, California 92395 ("Vendor"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. Terms and Conditions. The Parties shall comply with the Terms and Conditions attached hereto as Exhibit “A” and incorporated herein by this reference. 3. Scope of Services; Schedule. The Vendor shall be solely responsible for providing all materials, labor, tools, equipment, water, light, power, transportation, and superintendence of every nature and all other services and all facilities necessary to execute, complete, and deliver the services as particularly described in the Scope of Services (“Services”) attached hereto as Exhibit “B” and incorporated herein by this reference. The Services shall be completed timely and in accordance with the Schedule of Services set forth in Exhibit “B”. 4. Term. The term of this Agreement shall be from July 1, 2022, to June 30, 2027, with an option of three one-year extension unless earlier terminated as provided herein. 5. Compensation. Vendor shall receive compensation for Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by this reference. The total annual compensation shall not exceed One Hundred and Twenty Thousand Dollars ($120,000.00) for City Fleet Equipment and shall not exceed One Hundred and Twenty Thousand Dollars ($120,000.00) for Desert Willow Maintenance Facility. Vendor’s invoices shall include a detailed description of the Services performed. Invoices shall be submitted to the City on a monthly basis. The City shall review and pay all non-disputed and approved charges on such invoices in a timely manner. Vendor shall submit its final invoice to the City within thirty (30) days from the last date of Services performed and failure to do so shall result in a waiver of payment from the City. 6. Insurance. In accordance with Exhibit A, Section C of the Terms and Conditions, Vendor shall, at its expense, procure and maintain for the duration of the Agreement such insurance policies as checked below and provide proof of such insurance policies in a form satisfactory to the City. Commercial General Liability Insurance: $1,000,000 per occurrence/$2,000,000 aggregate. ☒ $2,000,000 per occurrence/$4,000,000 aggregate. Automobile Liability: ☒ $1,000,000 combined single limit for bodily injury and property damage. Workers’ Compensation: ☒ Statutory Limits / Employer’s Liability $1,000,000 per accident or disease and a waiver of subrogation in favor of the City and their respective officers, agents, employees, volunteers and representatives. Professional Liability (Errors and Omissions): Page 65 of 303 Contract No. ______________ 2 Revised 11-2-20 BBK 72500.00001\32374915.1 Errors & Omissions liability insurance with a limit of not less than $1,000,000 per claim and in the aggregate. [SIGNATURES ON THE NEXT PAGE] Page 66 of 303 Contract No. ______________ 3 Revised 11-2-20 BBK 72500.00001\32374915.1 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 BECK OIL, INC. By: __________________________ By: _________________________________ L. Todd Hileman Jim Combs City Manager General Manager Its: _________________________________ Printed Name: ____________________________ Attest: By: __________________________________ Its: __________________________________ Printed Name: ____________________________ __________________________ Anthony J. Mejia City Clerk Approved as to Form: __________________________ Best Best & Krieger LLP City Attorney QC Insurance ID: _____________ __________ __________ Page 67 of 303 Contract No. ______________ Ex. A-1 Revised 11-2-20 BBK 72500.00001\32374915.1 EXHIBIT “A” TERMS AND CONDITIONS FOR SERVICES 1. Compliance with Law. Vendor shall comply with all applicable laws and regulations of the federal, state and local government. Vendor 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. By its signature hereunder, Vendor 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. Vendor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment in violation of state or federal law. Vendor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. If the work is 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 for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Vendor agrees to fully comply with such Prevailing Wage Laws, including, along with subcontractors, being registered with the Department of Industrial Relations (Labor Code §§ 1725.1; 1771.1). It shall be mandatory upon the Vendor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code §§ 1771; 1774; 1775), employment of apprentices (Labor Code § 1777.5), certified payroll records (Labor Code §§ 1771.4; 1776), hours of labor (Labor Code §§ 1813; 1815) and debarment of contractors and subcontractors (Labor Code § 1777.1). This Agreement may be subject to compliance monitoring and enforcement. 2. Standard of Care. The Vendor shall perform the Services in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession practicing under similar conditions. 3. Insurance. If required by Section 6 of this Agreement, the Vendor shall take out and maintain during this Agreement: A. Commercial General Liability Insurance for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 0001). 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 for bodily injury and property damage including coverage for owned, non-owned, rented, and hired vehicles, at least as broad as Insurance Services Office Form Number CA 0001 (ed. 10/13) covering automobile liability, Code 1 (any auto); C. Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance; and if applicable, as determined by the City’s Risk Manager, D. Professional Liability (Errors and Omissions) that covers the Services to be performed in connection with this Agreement. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Vendor agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City of Palm Desert, and their elected or appointed officers, agents, officials, employees, volunteers, and representatives or shall specifically allow Vendor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Vendor hereby waives its own right of recovery against the City of Palm Desert or their elected or appointed officers, agents, officials, employees, volunteers and representatives and shall require similar written express waivers and insurance clauses from each of its subcontractors. Workers compensation coverage shall have an endorsement in favor of the City of Palm Desert, and their respective officers, agents, employees, volunteers and representatives. Insurance carriers shall be licensed and authorized to do business in California. Such insurance carrier shall have not less than an "A-:VII" rating according to the latest Best Key Rating unless otherwise approved by City’s Risk Manager. Vendor shall add the City, and their respective officers, officials, employees, agents, volunteers and representatives as additional insureds on Vendor’s Commercial General Liability, Automobile Liability, and if applicable, Pollution Liability and Cyber Liability policies. Coverage provided by Vendor shall be primary and any insurance or self-insurance procured or maintained by the City shall not be required to contribute with it. 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 (i.e. pollution, cyber, and fidelity coverages) required by giving the Vendor advance written notice of such change. If such change results in substantial additional cost to the Vendor, the City and Vendor may renegotiate Vendor’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. 4. Indemnification. To the fullest extent permitted by law, Vendor shall defend (with counsel of City’s choosing), indemnify and hold the City, and their respective 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 (collectively, “Claims”), in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Vendor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Vendor’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. Vendor’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 or the City, or their respective officials, officers, employees, agents, volunteers or representatives. If Vendor’s obligation to defend, indemnify, and/or hold harmless arises out of Vendor’s performance as a “design professional” (as that term is defined under Civil Code § 2782.8), then, and only to the extent required by Civil Code § 2782.8, which is fully incorporated herein, Vendor’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 Vendor, and, upon Vendor obtaining a final adjudication by a court of competent jurisdiction, Vendor’s liability for such claim, including the cost to defend, shall not exceed the Vendor’s proportionate percentage of fault. 5. Laws; Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Riverside, State of California. 6. Termination. The City may terminate the whole or any part of this Agreement for any or no reason by giving three (3) calendar days written notice to Vendor. In such event, the City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for the work. The City shall pay Vendor the reasonable value as determined by the City of any portion of the Services completed prior to termination. The City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Vendor shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for termination of the Services. Vendor may terminate its obligation to provide further work under this Agreement upon thirty (30) calendar day’s written notice to the City only in the event of the City’s failure to perform in accordance with the terms of this Agreement through no fault of Vendor. 7. Changes. By written notice, the City may from time to time, make changes to the Services furnished to the City by Vendor. If such change causes an increase or decrease in the Agreement Price or in the time required for performance, Vendor or the City shall promptly notify the other party thereof and assert its claim for adjustment within fifteen (15) days after the change is ordered, and an equitable adjustment shall be made. However, nothing in this clause shall excuse the Vendor from proceeding immediately with the Agreement as changed. 8. Miscellaneous Terms. Vendor shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City. This Agreement may not be modified or altered except in writing signed by the Parties. There are no intended third party beneficiaries of any right or obligation of the Parties. This is an integrated Agreement representing the entire understanding of the Parties as to those matters contained Page 68 of 303 Contract No. ______________ Ex. A-2 Revised 11-2-20 BBK 72500.00001\32374915.1 herein, and supersedes and cancels any prior oral or written understanding or representations with respect to matters covered hereunder. 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. The captions of the various 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. The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the other provisions unenforceable, invalid or illegal. Notice may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the Parties to the addresses set forth in this Agreement. Vendor is retained as an independent contractor and is not an employee of the City. No employee or agent of Vendor shall become an employee of the City. Vendor warrants that the individual who has signed this Agreement has the legal power, right and authority to make this Agreement and bind the Vendor hereto. Page 69 of 303 Contract No. ______________ Ex. B-1 Revised 11-2-20 BBK 72500.00001\32374915.1 EXHIBIT “B” SCOPE OF SERVICES; SCHEDULE OF SERVICES LOCATIONS Site Site Address 87 UNLEADED DIESEL Corporation Yard 74-705 42nd Avenue 2,000 gallon tank 1,000 gallon tank Desert Willow Golf Course 38-995 Desert Willow Drive 1,000 gallon tank 1,000 gallon tank Civic Center Generator 73-510 Fred Waring Drive - 1,000 gallon tank Fire Station 33 Generator 44-400 Town Center Way - 100 gallon tank Fire Station 67 Generator 73-200 Mesa View Drive - 145 gallon tank Fire Station 71 Generator 73-995 Country Club Drive - 100 gallon tank Page 70 of 303 Contract No. ______________ Ex. C-1 Revised 11-2-20 BBK 72500.00001\32374915.1 EXHIBIT “C” Page 71 of 303 PROPOSAL DOCUMENT REPORT IFB No. 796-23 Gas and Diesel Fuel Purchase PROPOSAL DOCUMENT REPORT PUBLIC WORKS - Gas and Diesel Fuel Purchase Page 8 Line Item Description Unit of Measure Unit Cost 1 Fuel Price EA $3.96 2 Federal Excise Tax EA $0.00 3 Federal Lust Tax EA $0.001 4 Federal Oil Spill Fee EA $0.0019 5 California Excise Tax EA $0.511 6 California Lead Poison EA $0.0028 7 California AB32 Fee EA $0.007 8 Delivery EA $0.00 9 Markup/Profit EA $0.28 10 Environmental Fee EA $0.00 11 Other Fee EA $0.00 12 Total of Lines 1 through 11 multiplied by 3 = Lump Sum $14.2911 CLEAR DIESEL "The undersigned, hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to disc harge all duties and obligations necessary and required to perform and complete the Project in strict accordance with the Vendor Pr ice Quote. Instructions: The vendor shall insert per-gallon prices in every line that is applicable. If a line item is not applicable, the line may be left blank. Page 72 of 303 PROPOSAL DOCUMENT REPORT IFB No. 796-23 Gas and Diesel Fuel Purchase PROPOSAL DOCUMENT REPORT PUBLIC WORKS - Gas and Diesel Fuel Purchase Page 9 Line Item Description Unit of Measure Unit Cost 1 Fuel Price EA $4.32 2 Federal Excise Tax EA $0.00 3 Federal Lust Tax EA $0.001 4 Federal Oil Spill Fee EA $0.0019 5 California Excise Tax EA $0.389 6 California Lead Poison EA $0.00 7 California AB32 Fee EA $0.0083 8 Delivery EA $0.00 9 Markup/Profit EA $0.28 10 Environmental Fee EA $0.00 11 Other Fee EA $0.00 RED-DYED DIESEL "The undersigned, hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to disc harge all duties and obligations necessary and required to perform and complete the Project in strict accordance with the Vendor Pr ice Quote. Instructions: The vendor shall insert per-gallon prices in every line that is applicable. If a line item is not applicable, the line may be left blank. Line Item Description Unit of Measure Unit Cost 1 Fuel Price EA $4.32 Page 73 of 303 PROPOSAL DOCUMENT REPORT IFB No. 796-23 Gas and Diesel Fuel Purchase PROPOSAL DOCUMENT REPORT PUBLIC WORKS - Gas and Diesel Fuel Purchase Page 10 Line Item Description Unit of Measure Unit Cost 2 Federal Excise Tax EA $0.00 3 Federal Lust Tax EA $0.001 4 Federal Oil Spill Fee EA $0.0019 5 California Excise Tax EA $0.00 6 California Lead Poison EA $0.00 7 California AB32 Fee EA $0.0083 8 Delivery EA $0.00 9 Markup/Profit EA $0.28 10 Environmental Fee EA $0.00 11 Other Fee EA $0.00 Page 74 of 303 STAFF REPORT CITY OF PALM DESERT MEETING DATE:May 26, 2022 PREPARED BY:Randy Chavez, Community Services Manager Bertha A Gonzalez, Management Analyst APPROVING AUTHORITY:City Council REQUEST:Approve Change Order No. 1 to Contract No. C39820 for Landscape Maintenance Area No. 16 with Vintage Landscape, Inc., of Bermuda Dunes, California, in the annual amount of $27,564 (Project No. 916-21) Recommendation: By Minute Motion: 1. Approve Change Order No. 1 to Contract No. C39820 for Landscape Maintenance Area No. 16 (LMA 16) with Vintage Landscape, Inc., of Bermuda Dunes, California, in the annual amount of $27,564; 2. Authorize the City Manager or designee to review and approve written contract amendments and change order requests for unanticipated conditions per Section 3.30.170 of the Palm Desert Municipal Code; and, 3. Authorize the City Manager to execute said change order. Funds are available in Account No. 1104611-4332001, R/M Parks, 1104611-4339100, Community Gardens, and 2764374-4332000, Haystack. Strategic Plan The Parks and Recreation Priority 1 Goal: Parks are an integral part of Palm Desert’s quality of life and, as such, we wish to maintain our parks at the highest level possible. Background/Analysis: Landscape Maintenance Area 16 includes operations and maintenance of the following City-owned parks: Hovley Soccer, University, Freedom, and Cahuilla. In addition, LMA 16 encompasses the Haystack Drainage and Smoketree Natural Areas. On May 14, 2020, the City Council awarded Contract No. C39820 for the maintenance of LMA 16 to Vintage Landscape, Inc., of Bermuda Dunes, California, in the annual amount of $342,000 for a term of three years with an option of two, one-year extensions. This contract expires on June 30, 2023. However, due to the increase in labor wages and operational costs, Vintage Landscape, Inc. is requesting an increase of 4.2 percent or $1,197 per month to the contract. Additionally, staff has identified an opportunity to consolidate into this contract a separate administrative maintenance agreement. By doing so, Vintage Landscape would increase the frequency of hardtop court cleaning to a monthly schedule and infield leveling on a weekly basis for a cost of $1,100 per month. Together with the CPI increase, the contract would increase by $2,297 per month Page 75 of 303 May 26, 2022 – Staff Report Approve Change Order No. 1 to C39820 for LMA 16 (Project No. 916-21) Page 2 of 2 or $27,564 per month for an annual contract amount of $369,564 commencing July 1, 2022-June 30, 2023. Staff has reviewed the CPI increase and additional services quote and find this to be reasonable based on current market conditions and Vintage Landscape’s past performance. Financial Impact: The Public Works proposed operating budget for Fiscal Year 2022/23, included a total of $370,000 for the monthly maintenance of LMA 16 and the court and infield maintenance. The total contract amount is under the budgeted amount. Therefore, there is no further impact to the General Fund beyond the contract amount. Attachments: 1. Change Order No. 1 2. Contractor's Request 3. Contractor's Quote 4. Vicinity Map Page 76 of 303 Contract # / P.O. #C39820 n/a Change Order No.01 Contingency:YES NO Contract Purpose: Landscape Maintenance Area 16 Account No.4254430-4395000 Contractor’s Name: Vintage Associates, Inc. Project No.916-21 Address: 78-755 Darby Road, Bermuda Dunes, CA 92253 Vendor No.V0005578 You are hereby requested to comply with the following changes from the contract plans and specifications: DESCRIPTION OF CHANGES DECREASE INCREASE In Contract Price In Contract Price Increase of 4.2% or $1,197 per month x 12 months 14,364.00 Court and infield services at $1,100 per month x 12 months 13,200.00 Term: July 1, 2022 thru June 30, 2023 TOTALS: -27,564.00 NET CHANGE IN CONTRACT PRICE: 27,564.00 JUSTIFICATION: Increase of 4.2% due to increase in labor wages and operation costs and additional maintenance to the court and infields. TOTAL BUDGET FOR PROJECT:+369,564.00 CONTINGENCY: Less: Expend. & Encumb. To Date: -342,000.00 Amount Approved by Council: +- Less: This Amendment Amount: -27,564.00 Less: Prior Change Order(s): -- BALANCE OF BUDGET Less: This Change Order: - REMAINING FOR PROJECT:0.00 Balance Remaining of Contingency:- The annual amount of the Contract will be increased by the Sum of: Twenty-Seven Thousand Five Hundred Sixty-Four dollars and 00/100 ($27,564.00). Page 77 of 303 Contract C39820 Change Order No. 1 Continued from front This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order items for a lump sum price agreed upon between the Contractor and the City of Palm Desert, otherwise referred to as Owner. Contract Time Extension: N/A Revised Annual Contract Total: $369,564.00 The undersigned Contractor approves the foregoing Change Order No. 1 as to the changes, if any, in the contract price specified for each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said Change Order No. 1. The Contractor agrees to furnish all labor and materials and perform all other necessary work, inclusive of that directly or indirectly related to the approved time extension, required to complete the Change Order items. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Change Order shall be effective when approved by the Owner. Execution of this Change Order by the Contractor constitutes a binding accord and satisfaction that fully satisfies, waives, and releases the Owner from all claims, demands, costs, and liabilities, in contract, law or equity, arising out of or related to the subject of the Change Order, whether known or unknown, including but not limited to direct and indirect costs and/or damages for delay, disruption, acceleration, loss of productivity, and stacking of trades, as well as any and all consequential damages. This document will become a supplement to the Contract and all provisions will apply hereto, all items included above must have required signatures as per the purchase resolution. 1.REQUESTED BY:2.ACCEPTED BY: DIRECTOR OF PUBLIC WORKS CONTRACTOR Date Accepted 3.CERTIFIED FUNDS AVAILABLE:4.APPROVED BY: DIRECTOR OF FINANCE CITY MANAGER Date Approved NOTE: No payments will be made prior to City Manager and Council approval QC: 1Review _____ Page 78 of 303 Page 79 of 303 Page 80 of 303 Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, © OpenStreetMap contributors, and the GIS User Community Landscape Area 16 I 2020 Page 81 of 303 [This page has intentionally been left blank.] Page 82 of 303 STAFF REPORT CITY OF PALM DESERT MEETING DATE:May 26, 2022 PREPARED BY:Randy Bowman, Deputy Director of Public Works APPROVING AUTHORITY:City Council REQUEST:Authorize Amendment No. 3 to the Reimbursement Agreement between CVAG, the City of Palm Desert, and the County of Riverside; and a Memorandum of Understanding between CVAG and the City of Palm Desert for the Portola Avenue Interchange at I- 10 Project. Recommendation: By Minute Motion: 1. Authorize Amendment No. 3 to Contract No. C27330B, Reimbursement Agreement between CVAG, the City of Palm Desert, and the County of Riverside for the Portola Avenue Interchange at I-10 Project; and 2. Authorize a Memorandum of Understanding between CVAG and the City of Palm Desert Regarding Reimbursement Agreement for the Portola Avenue Interchange at I-10 Project; and 3. Authorize the Mayor to execute the Agreements. Background/Analysis: Contract No. C27330B, the Reimbursement Agreement between the City of Palm Desert and CVAG was executed February 28, 2008. Contract No. C27330B was first amended with Amendment No. 1, which was executed June 29, 2015. Amendment No. 1 added the County to Agreement and set a time trigger requiring construction within five years of the amendment approval date by CVAG. Contract No. C27330B Amendment No. 2 was executed June 29, 2020, authorizing only reimbursement through design and ROW and required construction to commence by June 29, 20021. At its January 27, 2022 meeting, the City Council directed the City Manager or designee to work with Coachella Valley Association of Governments (CVAG) to return the remaining bond proceeds on deposit for the Portola Avenue/ 1-10 Interchange Improvements project (Project). City Council further directed the City Manager or designee to work with Riverside County Transportation Commission (RCTC) on repurposing the Measure A set aside for the Portola Avenue/ 1-10 Interchange Improvements project; directed the City Manager or designee to work with County of Riverside (County) to remove the aesthetic treatments from the design until such time that there is construction funding for the project; and City Council re-affirmed its commitment to the Portola/I- 10 interchange project and directs staff to continue pursuing funding opportunities for the project. Subsequent to the January 27, 2022 actions by the City Council, staff has worked with RCTC on repurposing the Measure A set aside for the project, and the County has removed the aesthetic treatments from the design for now. Staff continues to monitor funding opportunities for the project. Staff has worked with CVAG and County on the return of the remaining bond proceeds on deposit for the Project. The reimbursement agreement between the three parties needs to be Page 83 of 303 May 26, 2022 – Staff Report Portola Avenue Interchange Amendment 3 and MOU Page 2 of 2 amended as Amendment No. 3 to establish the following: 1. County shall complete the Plans, Specifications and Estimate (PS&E) for the Project, obtain Caltrans and Federal Highway Administration (FHWA) approval, then place Project in suspension until funding for right-of-way, utilities and construction is obtained; and 2. CVAG shall fund per the Agreement the regional share of the cost for the County to complete the PS&E and obtain Caltrans and FHWA approval, total cost of which is currently estimated to be $325,000; and 3. County, CVAG and City will further amend the Agreement once funding for right-of-way, utilities, or construction is obtained to proceed to the next phase of work; and 4. The “Time Trigger” established in Amendment Number One requiring that construction of the Project begin within five years of Amendment Number One and extended by Amendment Number Two shall be removed. In addition, the City’s bond counsel advises that the City and CVAG enter into a Memorandum of Understanding establishing responsibilities and timing of the return of the bond proceeds from CVAG to the City. Financial Impact: The return of the remaining bond proceeds on deposit with CVAG will augment the City’s Capital Improvement Program and may assist in funding qualified projects proposed by staff and as approved by the City Council at a later date. Attachments: 1. Amendment No. 3 to Contract No. C27330B 2. Memorandum of Understanding 3. Vicinity Map Page 84 of 303 Contract No. C27330B Page 1 of 2 AMENDMENT NUMBER THREE TO THE REIMBURSEMENT AGREEMENT BETWEEN CVAG, CITY OF PALM DESERT AND THE COUNTY OF RIVERSIDE FOR THE PORTOLA AVENUE INTERCHANGE AT 1-10 PROJECT This AMENDMENT NUMBER THREE is made and entered into this __ day of _____, 2022, by and between the Coachella Valley Association of Governments, a California joint powers agency, (“CVAG”), the City of Palm Desert (“City”) and the County of Riverside (“County”) and is made with reference to the following background facts and circumstances. All other terms and conditions shall remain the same as stated in the original Agreement entitled: “CVAG-City of Palm Desert Future (Fiscal Year 2012/2013) Reimbursement Agreement Portola Avenue/ Interstate 10 Interchange Design, Right-of-Way & Construction” (“Agreement”) approved on February 28, 2008 for the Portola Avenue Interchange at 1-10 Project (“Project”) and as previously amended with Amendment Number One dated June 29, 2015 and Amendment Number Two dated June 29, 2020. This Amendment Number Three shall establish the following: 1. County shall complete the Plans, Specifications and Estimate (PS&E) for the Project, obtain Caltrans and Federal Highway Administration (FHWA) approval, then place Project in suspension until funding for right-of-way, utilities and construction is obtained; and 2. CVAG shall fund per the Agreement the regional share of the cost for the County to complete the PS&E and obtain Caltrans and FHWA approval, total cost of which is currently estimated to be $325,000; and 3. County, CVAG and City will further amend the Agreement once funding for right-of-way, utilities, or construction is obtained to proceed to the next phase of work; and 4. The “Time Trigger” established in Amendment Number One requiring that construction of the Project begin within five years of Amendment Number One and extended by Amendment Number Two shall be removed. ELECTRONIC SIGNATURES AND COUNTERPARTS. This Amendment may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each PARTY to this Amendment agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act ((“CUETA”) Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this Amendment. The PARTIES further agree that the electronic signatures of the PARTIES included in this Amendment are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. The CUETA authorizes use of an electronic signature for transactions and contracts among parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the PARTY using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the PARTIES. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code. [SIGNATURES ON NEXT PAGE] Page 85 of 303 Contract No. C27330B Page 2 of 2 IN WITNESS WHEREOF, the parties hereto have caused this Amendment Number Three to be executed by their duly authorized representatives on this date: ATTEST COUNTY OF RIVERSIDE By:By: Deputy, Clerk of the Board of Supervisors Jeff Hewitt Chairman of the Board of Supervisors ATTEST CITY OF PALM DESERT By:By: L. Todd Hileman Jan C. Harnik City Manager Mayor ATTEST CVAG By:By: Tom Kirk Christy Gilbert Holstege, Esq. Executive Director CVAG Chair Page 86 of 303 Contract No. __________ Page 1 of 2 MEMORANDUM OF UNDERSTANDING REGARDING REIMBURSEMENT AGREEMENT BETWEEN CVAG AND THE CITY OF PALM DESERT FOR THE PORTOLA AVENUE INTERCHANGE AT 1-10 PROJECT The Coachella Valley Association of Governments (“CVAG”) and the City of Palm Desert (“Palm Desert”) are entering into this Memorandum of Understanding (this “MOU”) dated as of _________________________, 2022 with reference to the following facts: RECITALS: A. In furtherance of that certain CVAG-City of Palm Desert, Future (Fiscal Year 2012/2013) Reimbursement Agreement, Portola Avenue/Interstate 10 Interchange Design, Right-of-Way & Construction (the “Reimbursement Agreement”), dated February 28, 2008, as amended, and supplemented by that certain Bond Proceeds Funding Agreement Regarding Portola Avenue/I-10 Interchange Project, dated April 24, 2015, Palm Desert paid to CVAG the amount of $15,000,000 and CVAG deposited such amount into an interest bearing trust account, to be drawn upon by CVAG for purposes of paying costs of the Interchange Project. B. As of the date of this MOU, the amount remaining in such trust account is $14,856,463.49. Work on the Interchange Project has been suspended and CVAG desires to return such amount remaining to Palm Desert. NOW, THEREFORE, CVAG and Palm Desert agree as follows: 1. Within 30 days of the date of this MOU, CVAG shall pay to Palm Desert the amount remaining in such trust account ($14,856,463.49), plus any accrued interest through the date of transfer. Thereafter, upon receipt of an invoice from CVAG for final design costs of the Interchange Project, Palm Desert shall pay such costs in accordance with the Reimbursement Agreement, as amended. 2. CVAG and Palm Desert shall continue their efforts to complete the Interchange Project pursuant to and in accordance with the Reimbursement Agreement, as amended. [SIGNATURES ON NEXT PAGE] Page 87 of 303 Contract No. __________ Page 2 of 2 IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Understanding to be executed by their duly authorized representatives on this date: ATTEST CITY OF PALM DESERT By:By: L. Todd Hileman Jan C. Harnik City Manager Mayor ATTEST CVAG By:By: Tom Kirk Christy Gilbert Holstege, Esq. Executive Director CVAG Chair Page 88 of 303 Page 89 of 303 [This page has intentionally been left blank.] Page 90 of 303 STAFF REPORT CITY OF PALM DESERT MEETING DATE:May 26, 2022 PREPARED BY:Shawn Muir, Management Analyst APPROVING AUTHORITY:City Council REQUEST:Accept Contract No. C40210 with Shade Structures, Inc. dba USA Shade & Fabric Structures for the Palm Desert Aquatic Center Shade Structure Installation Project as complete and authorize the City Clerk to file the Notice of Completion Recommendation: By Minute Motion: 1. Accept the Palm Desert Aquatic Center Shade Structure Installation 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. C40210 in the amount of $143,267.45 to Shade Structures, Inc. dba USA Shade & Fabric Structures, 2580 Esters Blvd. Suite 100, DFW Airport, Texas 75261 for the Palm Desert Aquatic Center Shade Structure Installation Project. During the course of this project, underground drainage pipes prevented the shade structure from being installed in the original planned location (adjacent to the Lap Pool, Area 3). As a solution, staff reviewed five previously proposed locations in need of shade and determined to relocate the shade structure along the east side of the Recreation Pool (Area 5). This work was completed at no additional cost to the City and within the allotted time frame. On May 6, 2022, staff inspected the work performed by the contractor and has found said work to be complete and in accordance with the contract requirements. Financial Impact: There is no fiscal impact associated with this action. Attachments: 1. Notice of Completion 2. Vicinity Map 3. Project Photos Page 91 of 303 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 622250015 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 26th day of May , 2022 work of improvement described as the Palm Desert Aquatic Center Shade Structure Installation Project, Contract No. C40210 , on the real property herein described was completed. 5. That the name of the original contractor, if any, for said work of improvement was: Shade Structures, Inc. dba USA Shade & Fabric Structures. 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 Palm Desert Aquatic Center, 73751 Magnesia Falls Drive, Palm Desert, CA 92260. 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 VERIFICATION 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. Executed on , ,20 , at, California. (Date of signature) (City where signed) __________________________________________________ (Personal signature of the individual who is swearing that the contents of the notice of completion are true) Page 92 of 303 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 93 of 303 Page 94 of 303 Page 95 of 303 [This page has intentionally been left blank.] Page 96 of 303 STAFF REPORT CITY OF PALM DESERT MEETING DATE:May 26, 2022 PREPARED BY:Heather Horning, Assistant to the City Manager Shawn Muir, Management Analyst APPROVING AUTHORITY:City Council REQUEST:Approval of a fee waiver of facility use fees for the use of Civic Center Park for the 2022 Lincoln Elementary School 5th Grade Year End Picnic. Recommendation: By Minute Motion, approve a fee waiver of facility use fees for the use of the Civic Center Park for the 2022 Lincoln Elementary School 5th Grade Year End Picnic. Background/Analysis: The City has a contract with Desert Recreation District (DRD) for the management and operation of the Civic Center Park facilities. Under this contract, DRD issues facility use permits to the public for the use of the park facilities, including volleyball courts, baseball fields, amphitheater, pavilions, etc. Per the City’s Municipal Code Section 11.04.040 (Reservation Fee and Cleaning Deposit), the permits for park facility use are subject to reservation fees, administrative fees, and a cleaning deposit. On April 28, 2022, staff asked for feedback and direction on fee waivers for park use permits and was given direction to move forward with establishing a process for handing these requests. Staff’s recommendation included updating the Palm Desert Municipal Code and development of an administrative policy to include a fee waiver process for park use permits, delegating such authority to the City Manager and with the provision that they are limited to: 1) non-profit organizations benefitting the Palm Desert community; 2) no more than one event per year per non-profit; and 3) waive only the City’s portion of the fee covering the facility rental and excluding any administrative fees assessed by DRD, deposits, or hourly rates for staff support to an event. Lincoln Elementary School, located in Palm Desert, is planning to host its annual 5th grade end-of-year event at Civic Center park and has requested a fee waiver. This event has been held multiple years in the past and has not been assessed fees. The event is to celebrate 5th grade students who will be moving on to middle school next year. The event is sanctioned by the school and is treated as a field trip during a school day, Wednesday, June 1, 2022. Desert Sands Unified School District provides a general liability insurance policy with the City named as additional insured. The fees for this event include a $230 facility use fee, a $20 administration fee, and a refundable $100 cleaning deposit. The facility use fee is collected by DRD on the City’s behalf and remitted to the City, and the administration fee is retained by DRD. Staff recommends approving the waiver of the $230 facility fee, which is consistent with the previous staff recommendation regarding fee waivers, and only charge the $20 administration fee and the refundable $100 cleaning deposit. Page 97 of 303 May 26, 2022 – Staff Report Facility Fee Waiver for Lincoln Elementary School Picnic Page 2 of 2 Financial Impact: The applicable fees for the use of the park for this event include a $230 facility use fee, a $20 administration fee, and a refundable $100 cleaning deposit. The facility use fee is collected by DRD on the City’s behalf and remitted to the City, and the administration fee is retained by DRD. Staff is recommending waiving this fee, and only charging the $20 administration fee and the refundable $100 cleaning deposit. Page 98 of 303 Page 99 of 303 ORDINANCE NO. 1383 2 Chapter 25.68 (Decisions by the Architectural Review Commission) as shown in Exhibit A, which is attached hereto and incorporated herewith. SECTION 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that one (1) or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. SECTION 4. Publication. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in The Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and in effect thirty (30) days after its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 26th day of May 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 100 of 303 ORDINANCE NO. 1383 “EXHIBIT A” ZONING ORDINANCE AMENDMENT SECTION 1. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.10.050 is hereby amended as follows: 25.10.050 Development Standards Table 25.10-3: Residential Zoning District Development Standards Measurement/Zoning District RE3 R-13 R-2 R-3 R-1M1 HPR4 P.R.5 ≥1 ac ≥15,000 sf ≥10,000 sf, but ≤15,000 sf <10,000 sf Residential Density Density (du/ac), min – max 1 - 2 2 - 3 3 - 4 5 - 8 3 - 10 7 - 40 7 1/5 ac 4 - 40 Lot Dimensions Lot size, min 40,000 sf 15,000 sf 10,000 sf 8,000 sf 3,500 sf 3,000 sf 20 ac / 5,000 sf – – Lot size, max 1 ac No max 14,999 sf 9,999 sf No max No max No max – – Lot width, min 150′ 90′ 90′ 70′ 50′ 40′ 500′ – – Lot depth, min 200′ 125′ 100′ – - - – – – Setbacks Front yard, min 30′ 25′ 20′ 20′ 12′ 10′ 20′ / 5′ – – Side yard, min 15′ 15′ 8′ 5′ 6 5′ 8′ 10′ / 5′ – – Combined both sides, min 30′ 30′ 20′ 10′ 6 10′ 10′ – – – Street side yard, min 30′ 15′ 10′ 10′ 10′ 10′ 20′ / – – – Rear yard, min 50′ 20′ 20′ 15′ 15′ 10′ 10′ / 5′ – – Residential accessory structures See Section 25.40.050 (Accessory Buildings and Structures) Coverage Lot coverage, max percentage of lot area 30% 35%2 35%2 35%2 60% 75% – 10% 50% Building Measurements Height, max 15′ (18′ ARC)7 15′ (18′ ARC)7 15′ (18′ ARC)7 15′ (18′ ARC) 30′ 15’ (30’ ARC)8 40′ 18′ _ 40′ Page 101 of 303 ORDINANCE NO. 1383 Number of Stories, max. 1 1 1 2 2.5 2 3 1 1 3 Dwelling unit size, min 1,500 sf 1,250 sf 1,000 sf 1,000 sf 600 sf 450 sf – – – Dwelling unit size, max – – – – 4,000 sf 4,000 sf – 4,000 sf – Site area per dwelling unit, min – – – – 4,000 sf 2,500 sf – – – Building pad area, max – – – – – – – 10,000 sf – Open Space Group usable open space per dwelling unit, min – – – – – 300 sf – – – Notes 1. The dimension requirements included in this column apply to a manufactured home park project sites as well as individual sites within the park. The first dimension is for the larger project site. 2. Lot coverage may be increased to as much as 50 percent pending ARC approval, through the design review process. 3. All development standards are based on the square footage shown on the zoning map and not necessarily the physical lot size of a property. Properties only zoned R-1 without a square footage allocation shall comply with standards for < 10,000 square feet. Confirm standards with Planning Division staff for correct zoning designation and lot size development standards. 4. Hillside Development Plan approval process in Section 25.78.020 5. The standards and guidelines presented in this section provide design criteria for the achievement of functional and attractive developments that fit within the context of the City of Palm Desert. Exceptions to the criteria contained within the Development Plan may be appropriate with the application of innovative and unique design techniques in keeping with the character envisioned at the time of approval. 6. Setbacks within the Palm Desert Country Club in R-1 and R-2 have a 5 feet sideyard setback (See Figure 25.10-1 Palm Desert Country Club Setbacks) and a combined setback of 10 feet. 7. Allowable maximum building height is 18 feet with approval by the Architectural Review Commission (ARC). 8 Allowable building height is 30 feet with approval by the Architectural Review Commission for buildings exceeding 15 feet. Public notification to immediately adjacent properties 10 days prior to the ARC meeting. SECTION 2. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.68.20 (Design Review Required) is hereby amended as follows: Purpose and applicability. Design review allows for specified projects to be reviewed by the ARC to ensure that design objectives of Palm Desert as specified in the General Plan are achieved. Design review is required, as follows: A. Prior to permit issuance. No plan, elevation for buildings or structures, or alterations shall be approved and no permit shall be issued for any building, structure, sign, or other development of property or appurtenances or alterations thereto, except in single-family residential districts, without review and approval by the ARC. B. The ARC shall review all plans submitted with applications for moving buildings within or into the City. Photographs shall be included with the application showing all elevations, the structure proposed to be moved, the proposed site, and the buildings adjacent to the proposed site. The ARC shall determine whether the building proposed to be moved will fit harmoniously into the neighborhood wherein it is to be located. It may approve, approve with conditions, or disapprove the issuance of a permit to move such building. C. The ARC shall review all plans for new two-story residential dwellings and second story additions within the R-2 Zoning District as required by Table 25.10-3 (Residential Zoning District Page 102 of 303 ORDINANCE NO. 1383 Development Standards) to ensure second stories are compatible with surrounding homes including massing, materials, and considers privacy of adjacent neighbors. The ARC design review shall include the following: 1) The mass and bulk of the design should be reasonably compatible with the predominant neighborhood pattern. New construction should not be disproportionately larger than, or out of scale with, the neighborhood pattern in terms of building forms, roof pitches, eave heights, ridge heights, and entry feature heights. 2) Placement of windows and doors should have minimal impact to the neighboring property. 3) Line of sight analysis shall be provided 4) To mitigate privacy impacts of new two-story homes and additions, tree and/or shrub planting is required. a. Applicability. These requirements shall apply to new two-story homes, two- story additions, and/or new windows on existing two-story homes that increase privacy impacts on neighboring residents. 5) Planting Plan. Proposals for a new two-story homes, two-story additions, and/or new windows on existing two-story homes shall be accompanied by a planting plan which identifies the location, species and canopy diameter of existing and proposed trees or shrubs to meet the requirements. Page 103 of 303 [This page has intentionally been left blank.] Page 104 of 303 Page 105 of 303 ORDINANCE NO. 1384 2 SECTION 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that one (1) or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. SECTION 4. Publication. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in The Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and in effect thirty (30) days after its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 26th day of May 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 106 of 303 ORDINANCE NO. 1384 “EXHIBIT A” ZONING ORDINANCE AMENDMENT SECTION 1. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code Chapter 25.16 is hereby amended as follows: Table 25.16-1: Use Matrix for Commercial and Industrial Districts Commercial/Industrial District (P=Permitted; A=Administrative Use Permit; C=Conditional Use Permit; N=Not Permitted) OP PC-1 PC-2 PC-3 PC-4 SI Special Use Provisions Residential Uses Caretaker housing N N N N N P 25.16.040.A Condominium C C C N C C 25.16.040.B Dwelling, duplex C C C C C C 25.16.040.B Dwelling, multifamily C C C C C C 25.16.040.B Dwelling, single-family C C C N C C 25.16.040.B Group home C C N N C C 25.16.040.B Single-room occupancies N N N N N C Homeless Shelter N N N N N P Recreation, Resource Preservation, Open Space, and Public Assembly Uses Amusement facility, indoors N N C C C N Amusement facility, outdoors N N N C C N Community facility N N N N N P Day care center N C A C A C A C A N Emergency shelters N P N N N P Entertainment facility, indoor N N N P P N Entertainment facility, outdoor N N N P P N Institution, educational C C C N N C Institution, general C N C N N C Institution, religious C N C N N C Open space (developed or natural) N P P N P N Recreation facility, commercial N N P P P N Recreation facility, private N N N P P N Page 107 of 303 ORDINANCE NO. 1384 Commercial/Industrial District (P=Permitted; A=Administrative Use Permit; C=Conditional Use Permit; N=Not Permitted) OP PC-1 PC-2 PC-3 PC-4 SI Special Use Provisions Theater/auditorium N N P P N N Utility, Transportation, Public Facility, and Communication Uses Commercial communication tower C C C C C C 25.16.040.C Commercial parking lot C N N N N N Public utility installation N N N N N P Public facility (utility or service) N N N N N P Utility facility N N C N N P Retail, Service, and Office Uses Adult entertainment N N N N N C 25.16.040.D Ancillary commercial A P P P N A 25.16.040.E Art gallery A P P P P C Art studio A P P P P C Bed and breakfast N A A A A N Business support services N N N N P P Cannabis retail N C C C C N 25.34.120 Cannabis testing and research laboratory C N N N N C 25.34.120 Convention and visitors bureau N N P N P N Drugstore N P P P N N Financial institution C P P P N N Grocery store N P P P N N 25.16.040.F Health club, gyms or studios N A P P P C A Hotel N A A A P N 25.34.070 Liquor store N P P P N N Liquor, beverage and food items shop N P P P P N Medical, clinic P N P P N N Medical, office P P P P N N Medical, hospital N N N N N C Medical, laboratory P N N N N P Medical office, accessory N N N N N P 25.16.040.G Page 108 of 303 ORDINANCE NO. 1384 Commercial/Industrial District (P=Permitted; A=Administrative Use Permit; C=Conditional Use Permit; N=Not Permitted) OP PC-1 PC-2 PC-3 PC-4 SI Special Use Provisions Medical, research facility P P N N N C Mortuary N N N N N P Office, professional P N P P P P Office, local government P N N N N P Office, travel agency P P P P P N Outdoor sales N N A A A A Personal services N P P P P N Restaurant A C A C A C A P C A 25.16.040.E / H Retail N P P P P N Retail, bulky items N N N P P N Spa N N P P P N Time-share project N N N C C N Veterinary clinics/animal hospitals A N A A N A Pet boarding N A A A N A Automobile and Vehicle Uses Automotive rental agency N N N N P P Automotive gasoline station N N C C N C 25.34.090 Automotive service facility N N C C N P 25.34.090 Automotive sales new and used (outdoor/indoor) N N N N N C (outdoor) A (indoor) Automotive sales of accessory parts and supplies N N N P P N Vehicle storage facility N N N N N P 25.16.040.I Industrial, Manufacturing, and Processing Uses Cannabis cultivation N N N N N C 25.34.120 Cannabis delivery N N N N N C 25.34.120 Cannabis distribution N N N N N C 25.34.120 Page 109 of 303 ORDINANCE NO. 1384 Commercial/Industrial District (P=Permitted; A=Administrative Use Permit; C=Conditional Use Permit; N=Not Permitted) OP PC-1 PC-2 PC-3 PC-4 SI Special Use Provisions Cannabis manufacturing N N N N N C 25.34.120 Industrial planned unit development N N N N N P Light industrial and research and development N N N N N P Maintenance facility N N N N N P Pest control facility N N N N N P Preparation of foodstuffs N N N N N P Production of home and office decor accessories N N N N N P Warehouse or storage facility N N N N N P Temporary Uses See Section 25.34.080 1 The establishment may be permitted with an administrative use permit but may be elevated to a conditional use permit at the discretion of the ZA based on: parking, traffic, or other impacts. SECTION 2. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code Chapter 25.99 (Definitions) is hereby amended as follows: 25.99.020 Land Use Definitions Animal clinic. A place where animals no larger than the largest breed of dogs are given medical or surgical treatment; a facility primarily for treatment of outpatients and where for only a short time, critical patients are kept longer than 24 hours. Boarding of animals shall can be incidental to such clinic use. The term “Veterinary clinics or animal hospital” should be used interchangeably with “Animal Clinic”. Kennel. Any lot where four or more dogs or cats over the age of four months are kept or maintained. The term “Pet Boarding” should be used interchangeable with “Kennel.” SECTION 3. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code Chapter 25.34 (Special Use Provisions) is hereby amended as follows: Chapter 25.34.070 Hotels A. Purpose. The purpose of the special use regulations for hotels is to establish special site development and improvement standards. B. Minimum room size. The minimum guest room/suite size for any hotel shall be 330 square feet. Hotel projects shall have an overall average guest room/suite size of at least 375 square feet. Page 110 of 303 ORDINANCE NO. 1384 C. Restaurant required. All hotels shall provide a multipurpose (three-meal) restaurant either within the building itself, attached or adjacent to the building, together with room service for hotel guests (a continental breakfast may constitute one of the three meals). When the restaurant is detached from the hotel, it may be constructed before or after the hotel is developed. D. HVAC required. All hotel developments shall utilize central air conditioning systems or vertical fan coil systems, or other specifically approved systems. Window- or wall- installed air conditioning systems are prohibited. (Ord. 1259 § 1, 2013) Page 111 of 303 [This page has intentionally been left blank.] Page 112 of 303 STAFF REPORT CITY OF PALM DESERT MEETING DATE:May 26, 2022 PREPARED BY:Heather Horning, Assistant to the City Manager APPROVING AUTHORITY:City Council REQUEST:Submission of a letter of opposition for Assembly Bill 2237 regarding Transportation planning: regional transportation improvement plan: sustainable communities strategies: climate goals. Recommendation: By Minute Motion, approve the submission of a letter of opposition for Assembly Bill 2237 regarding Transportation planning: regional transportation improvement plan: sustainable communities strategies: climate goals. Background/Analysis: Current law requires certain transportation planning agencies to prepare and adopt regional transportation plans directed at achieving a coordinated and balanced regional transportation system. Current law requires each regional transportation plan to also include a sustainable communities strategy prepared by each metropolitan planning organization. Current law requires the Strategic Growth Council (SGC), by January 31, 2022, to submit a report to the relevant policy and fiscal committees of the Legislature that includes, among other things, an overview of those sustainable communities strategies, an assessment of how implementation of those sustainable communities strategies will influence the configuration of the statewide integrated multimodal transportation system, and a review of the potential impacts and opportunities for coordination of specified funding programs, including the Affordable Housing and Sustainable Communities Program. This bill requires alignment between regional transportation planning, regional transportation funding and the state’s climate action goals. This bill would also: prohibit a regional transportation planning agency or county transportation commission from funding projects in a Regional Transportation Improvement Program not aligned with the state’s climate goals or most recent Sustainable Community Strategy (SCS); require California Air Resources Board, in consultation with the Governor’s Office of Planning and Research, to reallocate monies not consistent with the state’s climate goals or most recent SCS; create a task force to review the role and responsibilities of Metropolitan Planning Organizations and to define ”sustainable communities”. The Legislative Review Committee recently reviewed this bill and subsequently recommended opposing AB 2237 due to the constraints placed on voter-approved transportation sales tax measures and the prohibition of projects inconsistent with regional and state climate action goals from being funded. A substantial portion of the City’s regional transportation funding, including Measure A, is for the preservation and maintenance of existing roadway infrastructure and would be impacted by this bill. The League of California Cities, Riverside County Transportation Commission, Urban Counties of Page 113 of 303 May 26, 2022 – Staff Report Opposition Letter for Assembly Bill 2237 Page 2 of 2 California, the California State Association of Counties oppose the bill as well. A letter of opposition for Council consideration can be found as Attachment 1. If approved, the attached letter will be submitted to the appropriate legislators. For more information, a recent bill analysis provided to the Assembly Committee on Transportation can be found as Attachment 2. Financial Impact: There is no immediate fiscal impact with this action. Attachments: 1. Draft Opposition Letter 2. Bill Analysis Page 114 of 303 May 26, 2022 The Honorable Luz M. Rivas Chair, Assembly Committee on Natural Resources 1020 N. Street, Room 164 Sacramento, CA 95814 Subject: AB 2237 (Friedman): Transportation planning: regional transportation improvement plan: sustainable communities strategies: climate goals. Notice of OPPOSITION (As Amended April 18, 2022) Dear Assembly Member Rivas: On behalf of the City of Palm Desert, I write in opposition to AB 2237 (Friedman). The City recognizes the state’s intention to secure an equitable and climate-resilient future, including for residents in Riverside County. For decades, our City as a member of the Riverside County Transportation Commission (RCTC) has supported local investments in all modes of transportation to reduce traffic congestion and offer mobility choices—and has done so in a manner that preserves the region’s natural habitat via the Riverside County Integrated Project. Actions like these can be accomplished because we have the flexibility to be responsive to our community’s needs while also achieving regional transportation and environmental goals. The City takes exception to two significant issues in this bill: 1. Constraints placed on voter-approved transportation sales tax measures; and 2. Prohibiting projects inconsistent with the Climate Action Plan for Transportation Infrastructure (CAPTI) from being funded. AB 2237 fails to recognize the depth of funding self-help counties, like Riverside County, have already invested in all modes of transportation despite the State’s historical lack of funding resources until the implementation of Senate Bill 1. The [City or County] supports improving air quality and providing safe and efficient walking, biking, and transit access in our region. Riverside County residents approved in 1988 and again in 2002 Measure A, a half-cent sale tax that funds improvements for all transportation modes, including highways, commuter rail, public transit, rideshare programs, complete streets, and even habitat conservation. Projects funded with Measure A not only provide operational improvements to the state highway system and multi-modal transit alternatives, but also funds local transportation projects that provides substantial benefits to our communities. While it has taken decades to deliver some of these projects due to insufficient state and federal funding and cumbersome regulatory approval processes, their need in our communities has not changed, even as the State’s policies have. As a member of RCTC, we committed to our residents, based on their vote to support this Measure, to get the job done. Page 115 of 303 Assembly Member Rivas Page 2 of 2 May 26, 2022 AB 2237 would reduce the local voice on mobility improvements by requiring new oversight by the California Air Resources Board and the California Transportation Commission on regional transportation plans. This action is unnecessary, overly bureaucratic, and could eliminate local officials’ ability to respond to the needs of its communities. Regionally significant projects, like the ones included in voter-approved transportation sales tax measures, are already taken into account in regional transportation plans (RTP) and sustainable communities strategies (SCS). The SCS is designed to facilitate the delivery of a suite of projects that meet the varying mobility needs of each community and provide balance to the types of projects that are delivered. The City disagrees with the bill’s requirement that projects found to be inconsistent with CAPTI, SCS, and other climate and air quality goals, should not be funded. While CAPTI will influence the modes of projects RCTC can deliver for our communities in the future, it should not be used to eliminate planned projects. The State should allow local transportation agencies the flexibility to adjust according to the needs of its residents to ensure a just transition to an even more robust multimodal transportation system. The City is interested in turning the page toward innovative, sustainable transportation solutions that are accessible, equitable, and inclusive. But inequities look different from community to community and from region to region. We must work together if the state’s climate goals are going to be achieved. Still, the State must provide its own funding for regions like Riverside County — not just in coastal urban centers that are already built out — before a comprehensive review of pipeline projects can be considered. AB 2237 would deny under-resourced regions and their disadvantaged communities of a just transition to a climate-resilient future because many communities do not have the funding, infrastructure, or available space to eliminate roadway usage on command. For these reasons, the City opposes AB 2237. If you have any questions regarding AB 2237 and how it would impact our region, please contact Anne Mayer, Executive Director for the Riverside County Transportation Commission, at (951) 787-7141. Sincerely, Jan C. Harnik Mayor Page 116 of 303 AB 2237 Page 1 Date of Hearing: March 28, 2022 ASSEMBLY COMMITTEE ON TRANSPORTATION Laura Friedman, Chair AB 2237 (Friedman) – As Amended March 22, 2022 SUBJECT: Transportation planning: regional transportation improvement plan: sustainable communities strategies: climate goals. SUMMARY: Prohibits a regional transportation planning agency (RTPA) or county transportation commission from funding projects in a Regional Transportation Improvement Program (RTIP) not aligned with the state’s climate goals or most recent Sustainable Community Strategy (SCS); requires the California Air Resources Board (CARB), in consultation with the Governor’s Office of Planning and Research (OPR), to reallocate monies not consistent with the state’s climate goals or most recent SCS; creates a task force to review the role and responsibilities of Metropolitan Planning Organizations (MPOs). Specifically, this bill: 1) Requires the SGC, in consultation with CARB, the Department of Housing and Community Development, and the California State Transportation Agency (CalSTA), to convene a task force to do both of the following: a. Review the roles and responsibilities of MPOs. b. Define “sustainable community.” 2) Defines state’s climate goals as: a. The California Transportation Plan. b. Climate Action Plan for Transportation Infrastructure prepared by CalSTA. c. The greenhouse gas emissions (GHG) reduction standards set forth in the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code) and Senate Bill 375 (Chapter 728 of the Statutes of 2008). 3) Requires RTPAs or county transportation commissions to include in its regional transportation improvement program projects to be funded in whole or in part that are consistent with its most recently prepared sustainable communities strategy and the state’s climate goals. 4) Requires ARB, in consultation with OPR, to review each RTIP and determine its consistency with an SCS and the state’s climate goals, starting December 15, 2025, and every two years after. 5) Requires ARB, in consultation with OPR, to reallocate monies from an RTPA from funding a project or program determined to be inconsistent with its more recently prepared SCS and the state’s climate goals. 6) Prohibits an RTPA from funding a project or program determined to be inconsistent with its most recently prepared SCS or the state’s climate goals. Page 117 of 303 AB 2237 Page 2 EXISTING LAW: 1) Requires each transportation planning agency to prepare and adopt a regional transportation plan (RTP) directed at achieving a coordinated and balanced regional transportation system, including, but not limited to, mass transportation, highway, railroad, maritime, bicycle, pedestrian, goods movement, and aviation facilities and services. 2) Requires a RTP be action-oriented and pragmatic, considering both the short-term and long-term future, present clear, concise policy guidance to local and state officials, and consider and incorporate, as appropriate, the transportation plans of cities, counties, districts, private organizations, and state and federal agencies. 3) Requires MPOs to prepare a SCS, which must: identify the general location of uses, residential densities, and building intensities within the region; identify areas within the region sufficient to house all the population of the region, including all economic segments of the population, over the course of the planning period of the regional transportation plan taking into account net migration into the region, population growth, household formation and employment growth; identify areas within the region sufficient to house an eight-year projection of the regional housing need for the region; identify a transportation network to service the transportation needs of the region; gather and consider the best practically available scientific information regarding resource areas and farmland in the region; consider the state housing goals specified; set forth a forecasted development pattern for the region, which, when integrated with the transportation network, and other transportation measures and policies, will reduce the greenhouse gas emissions from automobiles and light trucks to achieve, if there is a feasible way to do so, the GHG emission reduction targets approved by CARB. 4) Requires a RTPA to submit a five-year RTIP to the CTC on or before December 15 of each odd-numbered year, updated every two years, and include regional transportation improvement projects and programs proposed to be funded, in whole or in part, in the state transportation improvement program. a. Major projects in the RTIP must include current costs updated as of November 1 of the year of submittal and escalated to the appropriate year, and be listed by relative priority, taking into account need, delivery milestone dates, and the availability of funding. FISCAL EFFECT: Unknown. COMMENTS: MPOs are federally mandated regional transportation agencies responsible for programming transportation investments in California’s urban areas. SB 375 (Steinberg) requires that each MPO develop, in conjunction with its periodically updated RTP, a SCS, which is a projected “development pattern ... [that, when] integrated with the transportation network, and other transportation measures and policies,” and is designed to achieve specific per capita GHG reduction targets set by CARB for automobiles and light trucks over the duration of the RTP/SCS. Page 118 of 303 AB 2237 Page 3 SB 375 further requires that RTP/SCSs be consistent with local government land use plans for accommodating housing at all income levels, required under the state’s Regional Housing Needs Assessment (RHNA) process. MPOs provide a planning interface for transportation programs and investments initiated by multiple sources. MPOs coordinate, in their periodically updated long-range (20+ year) regional transportation plans (RTP) and associated shorter-range transportation investment plans (TIP), multiple projects funded by federal, state, and local agencies. MPOs must make their long-range RTPs consistent with their short-range (four-year) TIPs, and with local eight-year RHNA plans. The main incentive to ensure local compliance with RTP/SCS land use strategies, and achieve GHG reduction, is some streamlining of environmental review required under the California Environmental Quality Act (CEQA) for development projects deemed to be consistent with RTP/SCS goals. A survey conducted in 2016 by the Governor’s Office of Planning and Research (OPR) found that less than 5% of responding localities had made use of the primary CEQA streamlining provision in SB 375, called a Sustainable Communities Environmental Assessment (OPR, 2016). This may be due to the risk of litigation for localities who do not follow the comprehensive CEQA process. Despite the intent of SCSs to reduce GHG production, the changes in local planning and project delivery have been mainly incremental, for a myriad of reasons. SCS Evaluations: Recent studies have begun to identify the disconnection between MPO authority, land use, and achieving the state’s GHG emission reduction goals. In a report to the Legislature in 2018, CARB concluded that “California is not on track to meet GHG reductions expected under SB 375,” with a particularly worrisome trend being an observed rise in VMT and associated GHGs from cars and light trucks starting after 2013. The Strategic Growth Council’s AB 285 report required by AB 285 (Friedman) Chapter 605, Statutes of 2019 includes a series of white papers prepared by UC ITS. “MPO Planning and Implementation of State Policy Goals,” includes an analysis of the most-recent adopted RTP/SCSs, which indicates that most MPO plans allocate more funds toward roadways than transit, but most allocate more roadway funding toward maintenance and operations than new facilities. One key conclusion causing SCS misalignment, stated at the local and state level, is that MPOs cannot mandate local land use policy changes, and they have only limited discretion for initiating transportation projects, most of which are controlled by other levels of government, with the MPO role being to coordinate and prioritize project spending within regions. This results in RTP/SCSs in alignment with the state’s climate goals, with localities in charge of what projects go where, and how land is organized (i.e. greenfield vs. infill development). Another similar study of transportation funding streams in California concluded that decision- making “happens at multiple, often uncoordinated levels, without requirement that those dollars are spent to align with AB 32 or SB 375 implementation.” MPOs are working towards more stringent GHG reduction targets, yet they have no choice but to bank on more ambitious state and local action to be able to achieve these more ambitious mandated goals, even though they cannot ensure that desired policies will actually be implemented. Page 119 of 303 AB 2237 Page 4 This bill seeks to address this disconnection by incorporating the following recommendations from the AB 285 report into the SCS process:  Align transportation funding to sustainability performance. This bill requires ARB, in consultation with OPR, to determine an RTIP’s consistency with an SCS and the state’s climate goals.  Focus MPO plans on funding VMT-reducing projects. This bill prohibits an RTPA from funding a project or program determined to be inconsistent with its most recently prepared SCS or the state’s climate goals.  Revisit MPO governing structures. This bill creates a task force to review the roles and responsibilities of MPOs. Work to be Done: In order to achieve California’s climate policy goals, a more ambitious multilevel policy package is needed, which includes roadway pricing, support for compact development, and greater investment in non-auto-modes. This bill strives to achieve greater alignment between individual projects within an RTIP, and an SCS, and the state’s climate goals. It is clear that in order to achieve planned goals, MPOs need state and local government support and cooperation, which so far have been inadequate. A lack of adequate provisions to ensure RTP/SCS implementation has hampered regional success in GHG reduction. MPOs do not control land use, and SB 375 (Steinberg) explicitly defers to local authority over land use decisions, meaning that local governments are not required to alter plans and policies to conform to regional plan goals. SGC is hosting a series of stakeholder working group sessions this spring based on recommendations in the AB 285 report. This bill should incorporate feedback from those sessions, as well as a deeper dive into what true levers for better SCS/climate goal alignment are, including but not limited to:  Local requirements for RTP.  Local alignment with SCS and climate goals for tax measures.  Role of Caltrans and CTC in reviewing and approving projects aligned with SCS.  Greater transparency, reporting, and accountability for RTP/SCSs.  Project vs. plan alignment with climate goals. According to the author, “AB 2237 takes a tangible approach based on the Strategic Growth Council’s California Transportation Assessment Report, pursuant to AB 285 (Friedman) Chapter 605, Statutes of 2019, in order to assist Metropolitan Planning Organizations (MPOs) reach not only their greenhouse gas (GHG) emission reduction targets, set by the Air Resources Board (ARB), but also stay consistent with their adopted sustainable community strategies (SCS) and the state’s climate goals. California can no longer wait to take bold action to reduce GHGs from the single largest sector of emissions, cars and light trucks. With emissions from the transportation sector continuing to rise despite increases in fuel efficiency and decreases in the carbon content of fuel, California will not achieve the necessary greenhouse gas emissions Page 120 of 303 AB 2237 Page 5 reductions without significant changes to how communities and transportation systems are planned, funded, and built. AB 2237 will make real changes to improve the sustainability of California’s communities.” In support, the Coalition for Clean Air states, “Coalition for Clean Air supports AB 2237 because it would reinvigorate California’s efforts to shape sustainable communities that offer clean mobility to our residents. AB 2237, drawing on the Strategic Growth Council’s California Transportation Assessment Report, pursuant to AB 285 (Friedman, 2019), would help Metropolitan Planning Organizations (MPOs) to reach their greenhouse gas emission reduction targets, set by the Air Resources Board (ARB), and stay consistent with their adopted sustainable community strategies (SCS) and the state’s climate standards.” In opposition, California Association of Councils of Governments states, “We regret to inform you that our initial position on AB 2237 is oppose unless amended. We are still forming what amendments we may seek, but wanted to signal a willingness to engage in meaningful discussions.” Prior Legislation: AB 285 (Friedman) Chapter 605, Statues of 2019, updates requirements of the California Transportation Plan (CTP) to reflect the state's recent environmental legislation and requires a review of the implementation of the CTP SB 150 (Allen) Chapter 646, Statutes of 2017, establishes new requirements for setting regional greenhouse gas (GHG) emission reduction targets and requires the state Air Resources Board (ARB) to monitor regions’ progress in attaining these targets SB 743 (Steinberg) Chapter 386, Statutes of 2013, establishes special administrative and judicial review procedures under the California Environmental Quality Act (CEQA) for the City of Sacramento’s (City’s) proposed entertainment and sports center project (i.e., Sacramento Kings arena) intended to decrease potential impediments to construction of the project. Also revises a previous CEQA streamlining bill (AB 900) to correct legal defects and extend its operation. SB 375 (Steinberg) Chapter 728, Statutes of 2008, requires MPOs to include SCSs, as defined, in their regional transportation plans for the purpose of reducing greenhouse gas emissions, aligns planning for transportation and housing, and creates specified incentives for the implementation of the strategies. SB 45, (Kopp) Chapter 622, Statutes of 1997, changes the 7-year state transportation improvement program to a 4-year program, changes the components of the regional and state transportation improvement programs, changes the name of the Transportation Planning and Development Account to the Public Transportation Account, and making changes in the way funds are allocated from that account. REGISTERED SUPPORT / OPPOSITION: Support American Lung Association in California California Bicycle Coalition Climate Reality Project, San Fernando Valley Page 121 of 303 AB 2237 Page 6 Coalition for Clean Air Plug in America Streets for All Opposition Madera County Transportation Commission San Joaquin Valley Policy Council Stanislaus Council of Governments Transportation California Oppose Unless Amended California Association of Councils of Governments Analysis Prepared by: Julia Kingsley / TRANS. / (916) 319-2093 Page 122 of 303 STAFF REPORT CITY OF PALM DESERT MEETING DATE:May 26, 2022 PREPARED BY:Heather Horning, Assistant to the City Manager APPROVING AUTHORITY:City Council REQUEST:Submission of a letter of opposition for Assembly Bill 2438 regarding local transportation funding: alignment with state plans. Recommendation: By Minute Motion, approve the submission of a letter of opposition for Assembly Bill 2438 regarding local transportation funding: alignment with state plans. Background/Analysis: Current law provides for the funding of projects on the state highway system and other transportation improvements, including under the state transportation improvement program, the state highway operation and protection program, the Solutions for Congested Corridors Program, the Trade Corridor Enhancement Program, and the program within the Road Maintenance and Rehabilitation Program commonly known as the Local Partnership Program. Each of these fundings sources contains project requirements, and several prioritize projects that support the state’s climate goals. Assembly Bill (AB) 2438 (Friedman): Local Transportation Funding: Alignment with State Plans would require the agencies that administer the funding programs stated above to revise the guidelines or plans applicable to those programs to ensure that projects included in the applicable program align with the California Transportation Plan, the Climate Action Plan for Transportation Infrastructure adopted by the Transportation Agency, and specified greenhouse gas emissions reduction standards. AB 2438 shifts the authority for prioritizing transportation investments away from local decision- making in favor of the state. Moreover, the bill’s requirements for consistency with various state plans and policies are unclear, and could be at odds with statutory purposes of some funding programs. The Legislative Review Committee recently reviewed this bill and subsequently recommended opposing AB 2438 due to these reasons. The Riverside County Transportation Commission opposes the bill. The League of California Cities, Urban Counties of California, the California State Association of Counties oppose the bill unless amended. A letter of opposition for Council consideration can be found as Attachment 1. If approved, the attached letter will be submitted to the appropriate legislators. For more information, a recent bill analysis provided to the Assembly Committee on Transportation can be found as Attachment 2. Financial Impact: There is no fiscal impact with this action. Page 123 of 303 May 26, 2022 – Staff Report Oppose AB 2438 Page 2 of 2 Attachments: 1. Draft letter 2. Bill analysis Page 124 of 303 May 26, 2022 The Honorable Laura Friedman Member, California State Assembly 1021 O Street, Suite 6310 Sacramento, California 95814 RE: Assembly Bill 2438 (Friedman): Local transportation funding: alignment with state plans – Notice of OPPOSITION Dear Assemblymember Friedman: On behalf of the City Council of the City of Palm Desert, I write in opposition to Assembly Bill (AB) 2438 (Friedman). As written, AB 2438 would retroactively impose new requirements on vitally important funding that local governments receive pursuant to SB 1 (Beall, 2017) for local street and road maintenance, as well as safety and active transportation projects. The bill would also give the state unprecedented levels of control in setting priorities that apply to a broad array of transportation funding programs, both competitive and formula based. The City recognizes the State’s intention to secure an equitable and climate-resilient future, including for residents in Riverside County. However, AB 2438 appears to conflict with promises the State made in the voter-affirmed SB 1 shifts the authority for prioritizing transportation investments too far away from local decision-making in favor of the state. Moreover, the bill’s requirements for consistency with various state plans and policies are unclear, and could be at odds with statutory purposes of some funding programs. Voter-approved transportation plans and local sales tax measures in Riverside County have been vital to Riverside County. As a result of limited state and federal funding, there have areas where transportation infrastructure and transit options are decades behind, and without this funding, the region may never catch up without overwhelming state investment. AB 2438 does not provide our communities with the investments and flexibility required to build the capacity of our multimodal transit systems, therefore threatening to leave our City and region behind. For these reasons, the City opposes AB 2438. If you have any questions regarding AB 2438 and how it would impact our region, please contact Anne Mayer, Executive Director for the Riverside County Transportation Commission, at (951) 787-7141. Sincerely, Jan C. Harnik Mayor Page 125 of 303 AB 2438 Page 1 Date of Hearing: March 28, 2022 ASSEMBLY COMMITTEE ON TRANSPORTATION Laura Friedman, Chair AB 2438 (Friedman) – As Amended March 21, 2022 SUBJECT: Transportation funding: alignment with state plans and greenhouse gas emissions reduction standards. SUMMARY: Requires specified state transportation funding programs to align with state climate plans and goals and requires the California Transportation Plan (CTP) to be fiscally constrained. Specifically, this bill: 1) Requires the following transportation programs’ goals and guidelines:  State Highway Operation and Protection Program (SHOPP)  State Transportation Improvement Program (STIP)  Solutions for Congested Corridor Program (SCCP)  Trade Corridor Enhancement Program (TCEP)  Local Partnership Program (LPP)  Local Streets and Roads Program (LSR) Align with the CTP, the Climate Action Plan for Transportation Infrastructure (CAPTI), California Global Warming Solutions Act of 2006, and SB 375 (Steinberg) Chapter 728, Statutes of 2008. 2) Requires the California State Transportation Agency (CalSTA) the Department of Transportation (Caltrans), the California Transportation Commission (CTC), in consultation with the State Air Resources Board (ARB), and the Strategic Growth Council (SGC), to jointly prepare and submit a report to the Legislature on or before January 1, 2025 evaluating transportation program funding levels, projects, and eligibility criteria with the objective of aligning the largest funding programs with the CTP, CAPTI, and greenhouse gas emissions reduction standards set forth in the California Global Warming Solutions Act of 2006 and SB 375 (Steinberg), and away from projects that increase vehicle capacity. 3) Requires the CTP to include a financial element that summarizes its cost of implementation constrained by a realistic projection of available revenues, as well as recommendations for allocation of funds. EXISTING LAW: 1) SB 1 (Beall) Chapter 5, Statutes of 2017, provides for the funding of projects on the state highway system and other transportation improvements, including under SHOPP, SCCP, TCEP, and LPP. 2) SB 1 (Beall) Chapter 5, Statutes of 2017, provides for the apportionment of funding to cities and counties, including under the program within the Road Maintenance and Page 126 of 303 AB 2438 Page 2 Rehabilitation Program commonly known as the Local Streets and Roads Program, for local streets and roads and other transportation improvements. 3) Provides for the funding of projects for state highway improvements, intercity rail, and regional highway and transit improvements, under the STIP, which consists of two broad sub-programs: the Regional Improvement Program (RIP) and the Interregional Improvement Program (IIP). 4) Requires the Caltrans to prepare the CTP for submission to the Governor and the Legislature, to complete the third update to the plan by December 31, 2025, and to update the plan every five years thereafter, as a long-range planning document that incorporates various elements and is consistent with specified expressions of legislative intent. FISCAL EFFECT: Unknown. COMMENTS: Over $30 billion (federal, state, and local funds combined) is spent annually in California maintaining and expanding transportation infrastructure. These funds are allocated through various plans and projects that are implemented by federal, state, regional and local agencies. Decisions about how to spend billions in federal, state, and local transportation funds are critical to improving Californians’ access to social and economic opportunities, as well as to helping the state meet its climate goals. State Climate Goals. The Legislature has set a number of goals to reduce greenhouse (GHG) emissions and address climate change. The Global Warming Solutions Act of 2006 [AB 32 (Nunez), Chapter 488, Statutes of 2006] and subsequent companion legislation SB 32 (Pavley), Chapter 249, Statutes of 2016, requires California to reduce statewide GHG emissions to 40% below the 1990 level by 2030. The 1990 level is an aggregated statewide limit, and is not sector- or facility-specific. CARB is responsible for developing a Scoping Plan to detail how the state will achieve its GHG emissions reduction targets mandated by law. In addition, SB 375 (Steinberg), Chapter 728, Statutes of 2008 which requires Metropolitan Planning Organizations (MPOs) to incorporate a set of GHG reduction strategies (called a Sustainable Communities Strategy or “SCS”) within a Regional Transportation Plan. Nearly 40% of California's GHG emissions are generated by the transportation sector, which includes both the light-duty (passenger) and medium- and heavy-duty fleets. Heavy-duty diesel trucks also contribute to unhealthy levels of ozone, inhalable particulate matter, carbon monoxide, NOx, and sulfur dioxide, affecting local air quality. Transportation sources account for roughly 80% of smog-forming emissions and 90% of diesel particulate emissions in California. Within the transportation sector, measures to reduce GHG emissions include requiring the use of low carbon fuels, cleaner vehicles, and strategies to promote sustainable communities and improved transportation choices that reduce growth in the number of vehicle miles traveled (VMT). California has targeted a 15% reduction in VMT by 2050 as part of its larger strategy to reduce GHG emissions 80% from 1990 levels by 2050. According to the U.S. Federal Highway Administration December 2021 Traffic Volume Trends data, after a sharp drop in 2020, total VMT and per capita VMT surged back to pre-pandemic levels in 2021. Specifically, total VMT Page 127 of 303 AB 2438 Page 3 rose 11.2% – to 3.229 trillion miles – and per capita VMT rose 10.39% – to 9,728.5 miles per person – from 2020 to 2021. To further efforts to reduce GHG emissions in the transportation sector, Governor Newsom issued Executive Orders (EO) N-19-19 and N-79-20. These EOs targeted increasing the percentage of zero emission vehicles on the states’ roads. Building on these goals, in July 2021 CalSTA adopted CAPTI, which details how the state recommends investing billions of discretionary transportation dollars annually to aggressively combat and adapt to climate change while supporting public health, safety, and equity. In August 2021, the CTC endorsed CAPTI’s framework and strategies and adopted STIP guidelines which require state planning and investment be guided by the following principles:  Priority should be given to actions that build climate preparedness and reduce GHG emissions;  Where possible, flexible and adaptive approaches should be taken to prepare for uncertain climate impacts;  Actions should protect the state’s most vulnerable populations; and  Natural infrastructure solutions should be prioritized. Guidelines also state, “the Commission intends to consider Executive Order B-30-15 and the provisions of SB 32 when approving programming recommendations in the event that programming requests exceed programming capacity.” Sustainability in the STIP is assessed by measuring whether the project promotes mode shift or sustainability principles, such as energy conservation or transition to zero-emission technology, achieves a reduction of GHG emissions, or directly benefits disadvantaged communities. With these stated goals, the 2022 STIP will program approximately $2.1 billion over FY 2025-26 and 2026-27. Of this funding, approximately $350 million is recommended for widening, expressways or HOV projects. At the March 2022 CTC meeting, changes to the SHOPP guidelines were presented, which includes a requirement that, “Caltrans shall take Climate Action Plan for Transportation Infrastructure (CAPTI) strategies as well as the Caltrans Equity Statement into consideration in the development and implementation of the State Highway System Management Plan.” These guidelines have not yet been adopted by the Commission. The SHOPP provides consideration for state projects that help implement complete streets elements, like bicycle and pedestrian facilities, emission reduction, and enhancements for wildlife connection. Projects must not add capacity to the State Highway System. New Federal Funding Intended to Help State Combat the Climate Crisis. California is preparing to receive approximately $40 billion over five years from the federal government’s Infrastructure Investment and Jobs Act (IIJA). A December 2021 memo from the Federal Highway Administration (FHWA) on IIAJ implementation states, “IIJA will deliver generational investments in our roads and bridges, promote safety for all road users, help combat the climate crisis, and advance equitable access to transportation…Projects to be prioritized include those that maximize the existing right-of-way for accommodation of non-motorized modes and transit options that increase safety, accessibility, and/or connectivity…Recipients of Federal highway funding [are] to select projects that improve the condition and safety of existing transportation infrastructure within the right-of-way before advancing projects that add new general purpose Page 128 of 303 AB 2438 Page 4 travel lanes serving single occupancy vehicles.” This is to say, the Biden Administration prioritizes climate, equity, and mode shift equally with road maintenance and rehabilitation. AB 285 Report Finds Most Transportation Programs’ Are Not Well Aligned with State Climate Goals. The Strategic Growth Council’s California Transportation Assessment Report, pursuant to AB 285 (Friedman) Chapter 605, Statutes of 2019, includes findings and provides recommendations to help the state align transportation funding with state climate goals. The report focused on reviewing programs that only make up ~2% of transportation funding expenditures—the Sustainable Transportation Planning Grant program (STPG), Transformative Climate Communities (TCC), Affordable Housing and Sustainable Communities (AHSC), Transit and Intercity Rail Capital Program (TIRCP), and Low-Carbon Transit operations Program (LCTOP). STPG, TCC, and TIRCP were all found to have a high levels of alignment with state goals and particularly with climate adaptation goals, reducing GHG emissions and VMT, transitioning away from fossil fuels, and improving air quality to enable healthy vibrant communities. The AB 285 Report finds that older funding programs, (SHOPP, Local Transportation Fund, and ITIP), tend to be in higher alignment with previous state goals that don’t consider climate change, while newer funding programs tend to be better fit to support the new vision for California’s transportation system. In addition, the study found that the programs that receive the largest funding appropriations, SHOPP, Local Transportation Fund, and ITIP, meet the fewest of the identified goals. In 2021, a large share of transportation funding is more responsive to an outmoded plan with a horizon of 2025, compared to a newer plan with a horizon year of 2050. As part of the AB 285 work, the University of California Institute of Transportation Studies (UC ITS) published five white papers, one of which is titled, “Examination of Key Transportation Funding Programs in California and Their Context”. UC ITS’ research found that 50% of projects funded within SHOPP had no alignment to any of the state’s 33 goals related to climate change. Below is a table of the programs identified in this bill, the level of funding, stated goal, and percentage with “no alignment” to any of the state’s 33 climate goals, according to UC ITS: Program Amount Stated Goal UC ITS: Percentage of “no alignment” State Highway Operation and Maintenance (SHOPP) $17.4 billion FYs 2020-21, 2023-24 Providing funds to repair and preserve the State Highway System, including emergency repairs, safety improvements and some operational improvements. 50% State Transportation Improvement Program (STIP) $700 million for 2020 cycle Improve interregional mobility for people and goods across the state of California on highway and passenger rail corridors. 44% (for ITIP) Solutions for Congested Corridors (SCCP) $250 million annually Reduce congestion in highly traveled and highly congested corridors through performance improvements that balance transportation improvements, community 44% Page 129 of 303 AB 2438 Page 5 impacts, and that provide environmental benefits. Trade Corridor Enhancement Program (TCEP) $300 million annually To fund infrastructure improvements on federally designated Trade Corridors of National and Regional Significance, on California’s portion of the National Highway Freight Network, as identified in the California Freight Mobility Plan, and along other corridors that have a high volume of freight movement as determined by the Commission. N/A Local Partnership Program (LPP) $200 million annually Improve aging infrastructure, road conditions, active transportation, and transit and rail and provide health and safety benefits. 53% Local Streets and Roads (LSR) $1.2 billion FY 2021-22 To support local streets and roads network for cities and counties. N/A This bill incorporates some of the policy recommendations included in the AB 285 Report, including:  Redirect Funds to Newer Programs or Add New Goals to Old Programs: This bill adds GHG reduction goals included in the CTP, CAPTI, AB 32, and SB 375 objectives into the goals and guidelines of the SHOPP, STIP, SCCP, TCEP, LPP, and LSR. The AB 285 Report recommends the Legislature direct more funds to newer programs that meet a broader set of contemporary goals or add additional goals and requirements to older programs, such as SHOPP, LTF, and ITIP.  Comprehensively Reevaluate Program Evaluation Criteria: This bill requires CalSTA, Caltrans, CTC, ARB, and SGC to evaluate transportation funding levels, projects, and eligibility criteria with the objective of aligning the largest funding programs with the CTP, CAPTI, and the state’s GHG emission reduction goals. The AB 285 Report suggests, “With a better understanding of how state funds are pursued, and how state funding criteria shape project formation, the state would be empowered to design programs in ways that potentially achieve outcomes that better align with the state’s goals.”  Updating and better alignment among existing state and regional plans (fiscally constrain CTP): This bill requires the CTP to include a financial element that summarizes the cost of plan implementation constrained by a realistic projection of available revenues, as well as recommendations for allocation of funds. Work to be done: This bill codifies GHG reduction goals and strategies to address climate change that the state and federal government have prioritized for transportation planning, Page 130 of 303 AB 2438 Page 6 funding, and land use. This bill does not change the intent or funding levels of any transportation funding program. SGC is hosting a series of stakeholder working group sessions this spring based on recommendations in the AB 285 report. This bill should incorporate feedback from those sessions, as well as a deeper dive into what a project aligned with the CTP, CAPTI, AB 32, and SB 375 looks like. A few considerations for future amendments may include:  Incorporating the successful alignment of Transformative Climate Communities, Affordable Housing and Sustainable Communities, and Sustainable Transportation Planning Grant program, into the state’s largest funding transportation programs.  Narrowing the identified goals and programs included in the bill.  More clearly defining the implementation of a fiscally constrained CTP.  Develop a detailed timeline and associated funding streams for achieving the state’s transportation-climate goals, including a phased in approach to any programmatic changes or project eligibility. According to the author, “AB 2438 requires the state’s largest transportation funding sources to align with the state’s climate plans and goals, something we have been trying to accomplish at the state and federal level. We cannot ignore that a $30 billion sector of state funding is directly tied to 40% of California's GHG emissions. It is time for California to reassess our transportation funding and planning system to put people before the car.” In support, ClimatePlan states, “Transportation investment dollars cannot continue to fund projects that increase vehicle miles traveled (VMT) and greenhouse gas (GHG) emissions. It is time that we integrate our climate goals and transportation planning investment by setting clear direction and guidelines outlined in the AB 285 report.” In opposition, Transportation California states, “AB 2438 is based on the premise that California’s landmark transportation-climate change legislation (SB 375 – Chapter No. 728, Statutes of 2008) is not working and thus the state must do more to get people out of their personal vehicles and into alternative modes of transportation. As such, this bill means to leverage existing and already insufficient funding that is primarily intended to maintain, rehabilitate, and make safer our state highways, local streets and roads, bridges, and bicycle and pedestrian facilities for climate purposes. While the transportation industry recognizes that the transportation sector has a significant role to play in meeting the state’s ambitious climate goals, AB 2438 is a bridge too far.” Prior legislation: AB 285 (Friedman) Chapter 605, Statues of 2019, updates requirements of the California Transportation Plan (CTP) to reflect the state's recent environmental legislation and requires a review of the implementation of the CTP. SB 1 (Beall) Chapter 5, Statutes of 2017, increases several taxes and fees to raise the equivalent of roughly $52.4 billion over ten years in new transportation revenues and makes adjustments for inflation every year; directs the funding to be used towards deferred maintenance on the state highways and local streets and roads, and to improve the state's trade corridors, transit, and active transportation facilities. Page 131 of 303 AB 2438 Page 7 SB 150 (Allen) Chapter 646, Statutes of 2017, establishes new requirements for setting regional greenhouse gas (GHG) emission reduction targets and requires the state Air Resources Board (ARB) to monitor regions’ progress in attaining these targets SB 375 (Steinberg) Chapter 728, Statutes of 2008, requires metropolitan planning organizations to include sustainable communities strategies, as defined, in their regional transportation plans for the purpose of reducing greenhouse gas emissions, aligns planning for transportation and housing, and creates specified incentives for the implementation of the strategies. AB 32 (Nunez) Chapter 488, Statutes of 2006, creates a statewide greenhouse gas (GHG) emission limit that would reduce emissions by 25% by 2020. REGISTERED SUPPORT / OPPOSITION: Support Acterra Active San Gabriel Valley American Lung Association in California Campaign for Sustainable Transportation - Santa Cruz Center for Community Action & Environmental Justice Climateplan Coalition for Clean Air Natural Resources Defense Council (NRDC) Safe Routes to School National Partnership Opposition American Council of Engineering Companies Associated General Contractors of California California State Council of Laborers International Union of Operating Engineers Riverside County Transportation Commission (RCTC) Southern California Contractors Association Transportation California United Contractors (UCON) Oppose Unless Amended Madera County Transportation Commission San Joaquin Valley Policy Council Stanislaus Council of Governments Analysis Prepared by: Julia Kingsley / TRANS. / (916) 319-2093 Page 132 of 303 STAFF REPORT CITY OF PALM DESERT MEETING DATE:May 26, 2022 PREPARED BY:Bertha Gonzalez, Management Analyst APPROVING AUTHORITY:City Council REQUEST:Adopt a Resolution approving the Fiscal Year 2022/23 SB1 Project List to be funded by Senate Bill 1: The Road Repair Accountability Act Recommendation: By Minute Motion, waive further reading and adopt a Resolution approving the Fiscal Year (FY) 2022/23 Project List to be funded by Senate Bill 1 (SB1): The Road Repair and Accountability Act. Background/Analysis: SB 1, the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature in order to address basic road maintenance, rehabilitation, and critical safety needs on both the state highway and local street and road system. SB 1 increased per-gallon fuel excise taxes, diesel fuel taxes and vehicle registration fees, and funds are distributed to cities and counties through a variety of programs, including the Local Streets and Roads Program. Under this program, the State Controller’s Office deposits funding into the Road Maintenance and Rehabilitation Account (RMRA), which apportions funds to cities and counties through a formula based on population and the number of registered vehicles. The City’s apportionment of RMRA revenue is estimated to be $1,228,450 for FY 2022-23. In order to become eligible to receive RMRA funding, the City is required to submit a resolution each year containing a list of proposed RMRA funded projects to the California Transportation Commission. Allowable project types include road maintenance and rehabilitation, safety projects, traffic control devices, and complete streets components. The FY 2022-23 RMRA project list includes the following projects: 1. Citywide Pavement Condition Evaluation Program 2. Cook Street Resurfacing Project from Frank Sinatra Drive to Merle Drive 3. Portola Avenue Repaving Project between Fred Waring Drive and Hwy 111 These projects are included in the proposed Capital Improvement Project List for Fiscal Year 2022/23. Each project was selected because they include arterial roads in need of road maintenance and a pavement condition evaluation that would otherwise not be funded at this time. RMRA funding has a Maintenance of Effort (MOE) requirement to ensure that these funds do not supplant General Fund spending on streets and roads. The City’s MOE is $4,689,696, which is based on the City’s average General Fund expenditure on streets and roads as reported on the Annual Street Report in FY 2009-10, FY 2010-11, and FY 2011-12. Staff expects to meet the MOE; therefore, recommends submitting a project list for FY 2022-23, allowing the City to become eligible to receive RMRA funding. Page 133 of 303 May 26, 2022 – Staff Report Adopt a Resolution Approving the Fiscal Year 2022/23 SB1 Project List Page 2 of 2 Financial Impact: Adopting the subject resolution and approving the project list will allow the City to receive the estimated RMRA funding of $1,228,450, restricted for specific types of streets and road projects. Attachments: 1. Resolution No. 2022- Page 134 of 303 RESOLUTION NO. 2022-_____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2022-23 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law by the Governor in April 2017, in order to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure that the residents of our City are aware of the projects proposed for funding in our community, and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City, will receive an estimated $1,228,450 in RMRA funding in Fiscal Year 2022-23 from SB 1; and WHEREAS, this is the sixth year in which the City is receiving SB 1 funding which may enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate streets/roads throughout the City this year and similar projects into the future; and WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in a “good” condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a “excellent” condition; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide. NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of Palm Desert, State of California, as follows: 1. The foregoing recitals are true and correct. Page 135 of 303 Resolution No. 2022-_______ 2. The following previously proposed and adopted projects may utilize Fiscal Year 2022- 23 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City is reaffirming the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues: Citywide Pavement Condition Evaluation Location: Citywide Description: Contract with a consultant to perform a pavement condition survey, assessment, and inventory services on the entire City street network. Estimated Useful Life: The information in the report will be accurate for a period of three to five years but will be updated regularly to maintain accurate data. Anticipated Completion Date: June 2023 Cook Street Resurfacing Project - Phase 2 Location: Cook Street from Frank Sinatra Drive to Merle Drive. Description: The asphalt will be milled down two inches and capped with rubberized asphalt concrete. Estimated Useful Life: 25 years Anticipated Completion Date: September 2022 Portola Avenue Repaving Project Location: Portola Avenue between Fred Waring and Hwy 111 Description: A survey will be conducted to establish the limits of repair. The street will be regraded to reduce crossfall, the asphalt will be milled down, cross gutters will be replaced at the correct grade, and the street will be capped with warm mix asphalt. Estimated useful life: 25 years Anticipated Completion Date: May 2023 PASSED, APPROVED, AND ADOPTED on this 26th day of May 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 136 of 303 STAFF REPORT CITY OF PALM DESERT MEETING DATE:May 26, 2022 PREPARED BY:Shawn Muir, Management Analyst Andy Ramirez, Deputy Director of Public Works APPROVING AUTHORITY:City Council REQUEST:Adopt Resolution No. 2022-________ of the City Council of the City of Palm Desert amending the Video Surveillance on City Property Policy and Procedure Recommendation: By Minute Motion: Waive further reading and adopt City Resolution No. 2022-_____ amending the Video Surveillance on City Property Policy and Procedure. Background/Analysis: The City adopted Resolution No. 2017-75 authorizing the approval of the Video Surveillance on City Property Policy and Procedure (Policy) on November 16, 2017. This was done in response to video surveillance system equipment being installed and implemented at the Public Works Corporation Yard and City Hall lobbies. At that time, staff determined the video footage captured by these surveillance cameras on City property would be subject to the Public Records Act and was appropriate to develop and implement a policy and procedure. In April 2022, new video surveillance equipment was installed at the Palm Desert Aquatic Center and future locations on City property may be necessary for public safety. Staff finds that the development of the original Policy requires an update as improvements in technology have advanced the capabilities of video surveillance. This includes accessing video data in real-time, improved resolution, and data storage. Attached is an amended Policy to encompass such changes. Additionally, this Policy addresses those who may access the surveillance data, and how the City handles public records requests for such surveillance data. Approval of this request will Adopt Resolution No. 2022-_____ amending the Video Surveillance on City Property Policy and Procedure. Staff recommends amending the Video Surveillance on City Property Policy and Procedure to reflect the improvements in technology and current City practice. This action furthers “Priority 1: Enhance the delivery of public safety services” of the Public Safety & Emergency Service Priorities outlined in the Envision Palm Desert —> Forward Together 2013-2033 Strategic Plan. Financial Impact: There is no fiscal impact to the adoption of this policy. Page 137 of 303 May 26, 2022 – Staff Report Adopt Resolution Amending Video Surveillance Policy Page 2 of 2 Attachments: 1. Resolution with Exhibit A – Video Surveillance on City Property Policy and Procedure 2. Redline version of Video Surveillance on City Property Policy and Procedure Page 138 of 303 RESOLUTION NO. 2022-_____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE VIDEO SURVEILLANCE ON CITY PROPERTY POLICY AND PROCEDURE WHEREAS, the safety, and welfare of the City of Palm Desert (“City”) employees and general public while in public facilities or on City property is a vital and pressing concern for the City; and WHEREAS, in order to enhance security and address criminal activity on City property, the City has installed and maintained video surveillance cameras in several locations throughout the City; and WHEREAS, installing video surveillance cameras in public facilities allows the City to better secure these areas, prevent vandalism, protect City employees and the general public, and aid in the investigation of suspected criminal activity; and WHEREAS, on November 16, 2017 the City adopted Resolution No. 2017-75 authorizing the approval of the Video Surveillance on City Property Policy and Procedure (“Video Policy and Procedure”); and WHEREAS, improvements in technology have changed the way video surveillance systems are operated, including but not limited to the quality and accessibility of surveillance footage, and the storage of surveillance data; and WHEREAS, the current version of the Video Policy and Procedure does not contain language reflecting current City practice related to the review and potential release of video images; and WHEREAS, the Video Policy and Procedure must be updated to reflect the improvements in technology and current City practice. NOW THEREFORE, the City of Palm Desert, State of California, hereby finds and resolves that it approves the amended Video Surveillance on City Property Policy and Procedure, as attached hereto as Exhibit “A”. PASSED, APPROVED, AND ADOPTED on this 26th day of May, 2022 by the following vote, to wit: AYES: NOES: ABSENT: Page 139 of 303 Resolution No. 2022-_______ ABSTAIN: JAN C. HARNIK, MAYOR ATTEST: ANTHONY J. MEJIA, MMC, CITY CLERK CITY OF PALM DESERT, CALIFORNIA Page 140 of 303 Exhibit A CITY OF PALM DESERT ADMINISTRATIVE PROCEDURES Subject VIDEO SURVEILLANCE ON CITY PROPERTY POLICY AND PROCEDURE Policy No.PBWK-001 Date Issued: November 16, 2017 Amended: May 26, 2022 Approved by Resolution No. 2022- Authored by Public Works Department I. PURPOSE In order to enhance security and address criminal activity on “City” property, including in public parks, public parking lots, and City facilities, the City seeks to install video surveillance cameras at the locations outlined in this Policy. The installation of video surveillance cameras at City facilities will serve as a crime deterrent and assist law enforcement with the investigation of crimes that occur at these public facilities, further protecting the health, safety, and welfare of City employees and the general public, and preventing the destruction of City property. II. SCOPE This policy and procedure addresses all surveillance cameras placed on City property. III. DEFINITIONS A. “Authorized personnel” means those individuals holding City positions, or are contracted by the City, whom the City Manager, or designee, authorizes to access the footage captured by video surveillance cameras on City property. B. “City” means the City of Palm Desert, California. C. “Footage” means the media captured by a video surveillance camera. D. “Open to the public” means any area on City property where the public is allowed to be present and may move unfettered and where a reasonable expectation of privacy is not violated by recording acts that may normally be openly observed. Areas that are open to the public include, but are not limited to, City parks, City parking lots, and any areas of City facilities that provide direct services to the public, such as the building or permit counters. Page 141 of 303 E. “Video surveillance camera” or “camera” means an electronic piece of equipment used to capture high-quality moving images of the environment and activity in the area it observes. F. “Video surveillance system” as used in this Policy, means a continuously recording system of video surveillance cameras that may be installed on City property to record activity at that location. IV. LOCATION AND PLACEMENT OF VIDEO SURVEILLANCE CAMERAS ON CITY PROPERTY A. Where Cameras May Be Located. The City may install video surveillance cameras in any location on City property that is open to the public. All public areas that are monitored by City video surveillance will be marked in a conspicuous manner with appropriate signs to notify the public that video surveillance cameras are in use in these areas. B. Where Cameras May Not Be Located. The City may not install video surveillance cameras in any areas in which there is a reasonable expectation of privacy. This includes but is not limited to inside restrooms, locker rooms, or locations on City property that are not open to the public. An area which is public shall not be deemed to be a private area solely because there is only one person in that area at a particular point in time. V. ACCESS TO FOOTAGE A. Authorized Personnel. Only authorized personnel, as designated by the City Manager, or designee, may view the footage captured by the video surveillance cameras and video surveillance systems installed pursuant to this Policy. B. Authorized Purposes. Authorized personnel may view real-time or previously recorded footage for one or more of the following authorized purposes: (1) Routine monitoring and surveillance (2) Conducting investigations pertaining to suspected criminal activity; (3) Compliance with a subpoena, court order, or operation of law; (4) Maintenance of the City’s video surveillance system; (5) Protecting public property; or (6) Protecting the health, welfare, or safety of City employees and the general public. C. Manner of Surveillance. Authorized Personnel shall use surveillance monitoring in a professional, ethical and legal manner. The video surveillance cameras and video surveillance system shall not be used to invade the privacy of individuals. All reasonable efforts will be taken to protect these rights. Surveillance monitoring shall not be used to harass, intimidate, or discriminate against any individual or group, including surveilling citizens based solely on race, gender, ethnicity, sexual orientation, disability, or any other classifications protected by ordinance or statute. D. Access Requests. The City’s information technology (“IT”) department shall be designated as authorized personnel and may control and maintain all footage Page 142 of 303 for data security purposes. The City’s IT department shall also maintain a record of all authorized personnel. This record shall include, at minimum, the accessor’s name and the date range in which access was granted. E. The release of video images shall be done only with the authorization of the City Manager, or designee, in consultation with legal counsel. F. Requests for recorded video images by submission of a court order or subpoena, shall be promptly submitted to the City Manager, or designee. Every reasonable effort should be made to preserve the data requested. G. Video images captured that are requested for disclosure will only to the extent required by law. Except as required by a valid court order or other lawful process, video images requested under the Public Records Act will not be disclosed to the public when such video images are evidence in an ongoing criminal investigation. H. Legal Counsel shall be consulted on all Public Records Act requests prior to release of any video images. VI. RETENTION OF FOOTAGE A. All footage captured by video surveillance cameras installed pursuant to this Policy will be retained by the City for a retention period of at least one year. B. After the retention period has expired, the footage may be deleted unless legally obligated to be retained for a longer period. C. Any footage desired to be retained for longer than a year and a day will be maintained either electronically or on a storage device. VII. EXCLUSIONS A. Private Video Cameras. This policy does not apply to private video cameras owned and operated by any person or entity other than the City. B. Law Enforcement Surveillance. This policy does not apply to the use of video surveillance technology as authorized by a search warrant or to use by certified law enforcement officers in the course of the investigation of specific cases within the scope of their duties as certified law enforcement officers. C. Unrelated to Surveillance. This policy does not apply to video cameras or webcams established for reasons unrelated to surveillance activity, including remote monitoring of facilities construction to ascertain project progress, public relations initiatives or videotaping of events for documentation and/or review. Page 143 of 303 Exhibit A CITY OF PALM DESERT ADMINISTRATIVE PROCEDURES Subject VIDEO SURVEILLANCE ON CITY PROPERTY POLICY AND PROCEDURE Policy No. PBWK-001 Date Issued: November 16, 2017 Amended: N/AMay XX, 2022 Approved by Resolution No. 20172022- Authored by Public Works Department I. PURPOSE In order to enhance security and address criminal activity on “City” property, including in public parks, public parking lots, and City facilities, the City seeks to install video surveillance cameras at the locations outlined in this chapterPolicy. The installation of video surveillance cameras at City facilities will serve as a crime deterrent and assist law enforcement with the investigation of crimes that occur at these public facilities, further protecting the health, safety, and welfare of City employees and the general public, and preventing the destruction of City property. II. SCOPE This policy and procedure addresses all surveillance cameras placed on City property. III. DEFINITIONS A. “Authorized personnel” means those individuals holding City positions, or are contracted by the City, whom the City Manager, or designee, authorizes to access the footage captured by video surveillance cameras on City property. B. “City” means the City of Palm Desert, California. B.C. “Footage” means the media captured by a video surveillance camera. C.D. “Open to the public” means any area on City property where the public is allowed to be present and may move unfettered and where a reasonable expectation of privacy is not violated by recording acts that may normally be openly observed., including Areas that are open to the public include, but are not limited to, City parks, City parking lots, and any areas of City facilities that provide direct services to the public, such as the building or permit counters. D. “Review period” means the timeframe whereby the police department may review footage from any City-owned video surveillance camera or video surveillance system to determine if the footage is needed for a criminal investigation. E. “Video surveillance camera” or “camera” means an electronic piece of equipment used to capture high-quality moving images of the environment and activity in the area it observes. Formatted: Highlight Page 144 of 303 Administrative Procedures Manual PBWK-001 Video Surveillance on City Property Policy and Procedure Page 2 of 4 F. “Video surveillance system” as used in this chapterPolicy, means a continuously recording system of video surveillance cameras that may be installed on City property to record activity at that location. IV. LOCATION AND PLACEMENT OF VIDEO SURVEILLANCE CAMERAS ON CITY PROPERTYGENERAL POLICIESPROPERTY A. Where Cameras May Be Located. The City may install video surveillance cameras in any location on City property that is open to the public. The City shall install signage notifyingAll public areas that are monitored by City video surveillance will be marked in a conspicuous manner with appropriate signs to notify the public that video surveillance cameras are in use in these areas. B. Where Cameras May Not Be Located. The City may not install video surveillance cameras in any areas in which there is a reasonable expectation of privacy. This includes but is not limited to inside any restrooms, locker rooms, or any locations on City property that are not open to the public, unless the installation of a video surveillance camera in an area not open to the public is both: (1) necessary for security purposes; and (2) approved by the City Manager, in writing, prior to installation of the camera. The City may or may not install signage notifying the public that video surveillance cameras are in use in these areas as the City deems appropriate.. An area which is public shall not be deemed to be a private area solely because there is only one person in that area at a particular point in time. V. ACCESS TO FOOTAGE A. Authorized Personnel. During the ten-day review period, oOnly authorized personnel, as designated by the City Manager, or designee, may view the footage captured by the video surveillance cameras and video surveillance systems installed pursuant to this chapterPolicy. B. Authorized Purposes. Authorized personnel may only view the real-time or previously recorded footage for one or more of the following authorized purposes: (1) (1) Routine monitoring and surveillance (1) Conducting investigations pertaining to suspected criminal activity; (2) (2) (2) Compliance with a subpoena, court order, or operation of law; (3) (3) (3) Maintenance of the City’s video surveillance system; (4) (4) (4) Protecting public property; or (5) (6) (5) Protecting the health, welfare, or safety of City employees and the general public. Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 1" + Indent at: 1.5" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 1" + Indent at: 1.5" Formatted: Font: Formatted: Font: Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 1" + Indent at: 1.5" Formatted: Font: Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 1" + Indent at: 1.5" Formatted: Font: Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 1" + Indent at: 1.5" Page 145 of 303 Administrative Procedures Manual PBWK-001 Video Surveillance on City Property Policy and Procedure Page 3 of 4 C. Manner of Surveillance. Authorized Personnel shall use surveillance monitoring in a professional, ethical and legal manner. The video surveillance cameras and video surveillance system shall not be used to invade the privacy of individuals. All reasonable efforts will be taken to protect these rights. Surveillance monitoring shall not be used to harass, intimidate, or discriminate against any individual or group, including surveilling citizens based solely on race, gender, ethnicity, sexual orientation, disability, or any other classifications protected by ordinance or statute. C. Access Requests. The City’s information technology (“IT”) department shall be designated as authorized personnel and may control and maintain all footage in a secure areafor data security purposes. The City’s IT department shall also maintain a record of all authorized personnel who access any footage. This record shall include, at minimum, the accessor’s name, description of the footage accessed, and the date range in which and time of access was granted. D. E. The review or the release of video images shall be done only with the authorization of the City Manager, or designee, in consultation with legal counsel. F. Requests for recorded video images by submission of a court order or subpoena, shall be promptly submitted to the City Manager, or designee. Every reasonable effort should be made to preserve the data requested. G. Video images captured that are requested for disclosure will only to the extent required by law. Except as required by a valid court order or other lawful process, video images requested under the Public Records Act will not be disclosed to the public when such video images are evidence in an ongoing criminal investigation. H. Legal Counsel shall be consulted on all Public Records Act requests prior to release of any video images. D. Ten Day Review Period. After a ten-day review period for investigatory purposes by the police department, commencing on the date the footage was captured, any non- exempt portions of the footage may be released pursuant to the requirements of the California Public Records Act (Government Code Section 6250 et seq.). VI. RETENTION OF FOOTAGE A. All footage captured by video surveillance cameras installed pursuant to this chapterPolicy will be retained by the City for a retention period of at least one year and a day. Formatted: Font: Formatted: Space After: 0 pt Formatted: Normal, Left, Space After: 0 pt, No bullets or numbering, Pattern: Clear Page 146 of 303 Administrative Procedures Manual PBWK-001 Video Surveillance on City Property Policy and Procedure Page 4 of 4 B. After the retention period has expired, the footage may be deleted unless legally obligated to be retained for a longer period. C. Any footage desired to be retained for longer than a year and a day will be maintained either electronically or on a storage device. VII. EXCLUSIONS A. Private Video Cameras. This policy does not apply to private video cameras owned and operated by any person or entity other than the City. B. Law Enforcement Surveillance. This policy does not apply to the use of video surveillance technology as authorized by a search warrant or to use by certified law enforcement officers in the course of the investigation of specific cases within the scope of their duties as certified law enforcement officers. C. Unrelated to Surveillance. This policy does not apply to video cameras or webcams established for reasons unrelated to surveillance activity, including remote monitoring of facilities construction to ascertain project progress, public relations initiatives or videotaping of events for documentation and/or review. C. Formatted: Indent: Left: 0.7", No bullets or numbering Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted Formatted: Font: Not Bold Formatted: Font: Formatted: Normal, No bullets or numbering Page 147 of 303 [This page has intentionally been left blank.] Page 148 of 303 STAFF REPORT CITY OF PALM DESERT MEETING DATE:May 26, 2022 PREPARED BY:Randy Chavez, Community Services Manager Andy Ramirez, Deputy Director of Public Works APPROVING AUTHORITY:City Council REQUEST:Award Contract No.__________ for Landscape Maintenance Area No. 17 to Vintage Landscape, Inc., of Bermuda Dunes, California (Project No. 917-22). Recommendation: 1. Award Contract No. _______ for Landscape Maintenance Area No. 17 to Vintage Landscape, Inc., of Bermuda Dunes, California, in the annual amount of $340,800; 2. Authorize extra repair work and services in an annual amount not to exceed $70,000; 3. Authorize the City Manager or designee to review and approve written contract amendment and change order requests for unanticipated conditions per Section 3.30.170 of the Palm Desert Municipal Code; and, 4. Authorize the Mayor to execute the said agreement. Funds are available in General Fund Account No. 1104610-4332001, R/M Civic Center Park; 1104610- 4337100, Tri-Cities Sports Facility; and 1104611-4332001, R/M Parks. Strategic Plan Objective The Parks and Recreation Priority 1 Goal states that, “Parks are an integral part of Palm Desert’s quality of life and, as such, we wish to maintain our parks at the highest level possible”. Background/Analysis: Landscape Maintenance Area 17 (LMA 17) is one of three highly visited destinations in the City of Palm Desert and consists of Civic Center Park, Tri-Cities Sports Fields, and Magnesia Falls Park. Each park hosts a wide range of special events, sports, and activities that provide a high quality of life for residents and visitors. Therefore, a high frequency of operations and maintenance is required to preserve each park. In previous years, the contract for this area was awarded to the lowest bidder. However, the City experienced unrealistic low bids that resulted in poor performance. Therefore, staff consulted with the City Attorney to revise the bidding process from a low-bid selection to a quality of service-based selection via the Request for Proposals (RFP). This process evaluates not only cost, but also other factors such as experience, equipment, and qualified labor. As a result, a higher level of service has substantially improved the aesthetics of the City. The current contract for Landscape Maintenance Area 17 is set to expire on June 30, 2022. Therefore, Page 149 of 303 May 26, 2022 – Staff Report Award Contract to Vintage Landscape, Inc., for LMA 17 Page 2 of 2 3 4 1 an RFP was advertised. On April 8, 2022, staff received proposals from four vendors. A selection committee from the Public Works Department reviewed the proposals and ranked them as follows: Contractor Location Score Vintage Landscape, Inc.Bermuda Dunes, CA 90.67 Excel Landscape, Inc.Corona, CA 77.00 Kirkpatrick Landscaping Svcs Indio, CA 63.67 Mariposa Landscapes, Inc.Irwindale, CA 60.67 The selection criteria included the thoroughness of each proposal; the practicality of the work schedule; the cost for the base maintenance and additional work; attendance to the mandatory pre-bid meeting, and credit for a local office. Following the review, the committee recommended awarding the contract to Vintage Landscape, Inc. The contract is for a term of five years with an option of three, one-year extensions. Extra repair work and services cover necessary repair and replacement of hardscape features; irrigation components; lighting equipment; emergency tree work; replacement of trees and shrubs; pest control; accident and vandalism repair; and other unforeseen issues. References In July of 2020, Vintage Landscape was awarded the landscape and irrigation contract for LMA 16. This area encompasses all City parks except for Civic Center Park and Magnesia Falls Park. Overall, this contractor continues to render a good delivery of services and day to day communications with City staff. Municipal references such as the City of La Quinta were contacted. They provided a positive review of Vintage Landscape’s work history and high degree of response times required by their contract. Financial Impact: The Public Works proposed operating budget for Fiscal Year 2022/23 includes a total of $440,000 for the landscape and irrigation of LMA 17, including extra work and repairs. The total amount for this contract is $410,800 annually. Therefore, there is no further impact to the General Fund beyond the contract amount. Attachments: 1. Agreement 2. Performance & Payment Bonds 3. Contractor’s Proposal 4. Vicinity Map Page 150 of 303 - 1 - CONTRACT NO. _____________ CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 17 MAINTENANCE SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 26th day of May 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 Vintage Landscape, Inc., a CORPORATION with its principal place of business at 78755 Darby Road, Bermuda Dunes, CA 92203 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement. 2. RECITALS. 2.1 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 Landscape Maintenance Area No. 17 project (“Project”) as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 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. 3.1.2 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. Page 151 of 303 Contract No. ___________ - 2 - 3.2 Responsibilities of Contractor. 3.2.1 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 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. 3.2.2 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. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 3.2.4 City’s Representative. The City hereby designates the Community Servces Manager, 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. 3.2.5 Contractor’s Representative. Contractor hereby designates Kyle Gritters, President, 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. 3.2.6 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. 3.2.7 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, Page 152 of 303 Contract No. ___________ - 3 - 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 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. 3.2.8 Period of Performance. 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 incident, per 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. 3.2.9 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. 3.2.10 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. Page 153 of 303 Contract No. ___________ - 4 - 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. 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. Page 154 of 303 Contract No. ___________ - 5 - (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 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) Fidelity Coverage. Reserved. (F) Cyber Liability Insurance. Reserved. (G) Pollution Liability Insurance. Reserved. (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 155 of 303 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 156 of 303 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 157 of 303 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 158 of 303 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 159 of 303 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 annual compensation shall not exceed Three Hundred Forty Thousand Eight Hundred Dollars ($340,800.00) 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. 3.3.3 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. 3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. Page 160 of 303 Contract No. ___________ - 11 - 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 161 of 303 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: Vintage Landscape, Inc. 78755 Darby Road Bermuda Dunes, CA 92203 Attn: Kyle Gritters, President City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 Attn: Randy Chavez, Public Works Department 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, Page 162 of 303 Contract No. ___________ - 13 - 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 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 Page 163 of 303 Contract No. ___________ - 14 - 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. 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. Page 164 of 303 Contract No. ___________ - 15 - 3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 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 Federal Provisions. Reserved. [SIGNATURES ON NEXT PAGE] Page 165 of 303 Contract No. __________________ Exhibit A - 1 SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND VINTAGE LANDSCAPE, 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 City Clerk APPROVED AS TO FORM: By: Best Best & Krieger LLP City Attorney VINTAGE LANDSCAPE, INC. A CORPORATION By: Its: Printed Name: By: Its: Printed Name: ____________________________________ Contractor’s License Number and Classification ____________________________________ DIR Registration Number (if applicable) QC OpenGov: _____________ __________ __________ Page 166 of 303 Contract No. ___________ Exhibit A-2 EXHIBIT “A” SCOPE OF SERVICES The work to be done consists of furnishing all labor, materials, necessary tools and machinery, supervision, and all utility and transportation services required to provide landscape and irrigation maintenance services for City of Palm Desert in accordance with the Contract Documents under Scope of Work and Special Provisions Sections for the following locations: 1. Palm Desert Aquatic Center is located at 73-751 Magnesia Falls Drive in the northeast corner of the Civic Center Park Complex. It includes all landscape features inside the boundary fence, the parking lot, and adjacent planters. 2. Civic Center Park is located at 73-510 Fred Waring Drive. The boundaries are east of San Pablo Avenue, north of City Hall and the Park View Office Complex, west of the San Pascual Channel, and south of Legends Fields and the Aquatics Center. This area includes the rose garden, Holocaust Memorial, dog park, skate park, amphitheater, tennis and volleyball courts, pavilion and shelter areas, and playgrounds. 3. City Hall is located at 73-510 Fred Waring Drive. The boundaries are east of San Pablo Avenue, south of the entrance driveway off San Pablo and the adjacent parking lot, north of Fred Waring Drive, and west of the entrance off Fred Waring Drive. The parking lot includes the secure parking area to the immediate west of the Fred Waring Drive driveway entrance. 4. Sheriff’s Annex Parking Lot is located to the immediate left of the driveway entrance into City Hall of Fred Waring Drive. It is a secure parking area with a gate. 5. Legends Fields is located south of Magnesia Falls Drive, west of the Aquatics Center, east of San Pablo Drive, and north of Civic Center Park. 6. Magnesia Falls City Park is located at 74-200 Rutledge Way off Magnesia Falls Drive between Portola Avenue and the eastern end of Rutledge Way. The boundaries are north of the parking lot and south to the chain link fence. Maintenance areas consists of turf, restrooms, picnic area, tot playground, and paved parking lot. 7. Magnesia Falls Shared Park is located at 74-200 Rutledge Way off Magnesia Falls Drive between Portola Avenue and the eastern end of Rutledge Way. The boundaries are north the chain link fence and to the south at 15 feet from the buildings. This maintenance area includes Oleson Baseball Field that runs along the north and east fence lines to the west fence line and south to the edge of the basketball courts. Maintenance consists primarily of open space. Turf along Rutledge Way will be maintained up to the street curb. 8. Park View Office Complex is located at 73-710 Fred Waring Drive, which is part of the Civic Center Park Complex and includes all associated irrigation, planter areas, hardscape features, and structures. It is located east of the entrance driveway into Civic Center Park off Fred Waring Drive. It consists of the associated parking lot north of Fred Waring Drive and west of the San Pascual Channel, south of Civic Center Park. 9. State Building is located at 73-720 Fred Waring Drive, which is the part of the Civic Center Park Complex and includes associated irrigation, planter areas, hardscape features, and structures at the east of the entrance driveway into Civic Center Park off Fred Waring. It consists of the associated parking lot south adjacent to the building. 10. San Pascual Channel is located east of Civic Center Park and includes the planter area on the east side of the channel, north of Fred Waring Drive, up to the pedestrian bridge, and both sides of both fence lines. Page 167 of 303 Contract No. __________________ Exhibit B - 1 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 168 of 303 Contract No. __________________ Exhibit D - 1 EXHIBIT “C” COMPENSATION-ADDITIONAL WORK PRICING SCHEDULE [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.] 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 Three Hundred Forty Thousand Eight Hundred Dollars ($340,800.00) annually without written approval of the City Council or City Manager, as applicable. Extra Work Line Items include material and installation and will be payable at the rates listed on the following page: Page 169 of 303 Contract No. ___________ Exhibit D-2 Line Item Description Quantity Unit of Measure Unit Cost Total 1 Bowsmith SL200 Series Emitter 1 each $2.90 $2.90 2 Rainbird Xeri Bug Emitter XBT-XX 1 each $1.40 $1.40 3 Rainbird Xeri Bug Emitter 1/2" XBT-XX 1 each $4.80 $4.80 4 Rainbird Polyflex Riser PFR/FRA 1 each $1.60 $1.60 5 Rainbird 1400 Series Bubblers 1 each $1.90 $1.90 6 Schedule 80 Nipple 1 each $1.60 $1.60 7 Rainbird 1804 with Nozzle 1 each $10.75 $10.75 8 Hunter PGJ with Nozzle 1 each $19.10 $19.10 9 Hunter PGP with Nozzle 1 each $21.50 $21.50 10 Hunter I20 with Nozzle 1 each $25.80 $25.80 11 Hunter I25 with Nozzle 1 each $40.00 $40.00 12 Hunter I40 with Nozzle 1 each $83.00 $83.00 13 Hunter I40 Opposing Nozzles with Nozzles 1 each $92.00 $92.00 14 Rainbird Quick Coupler Valve 3-RC 3/4"1 each $90.00 $90.00 15 Rainbird Quick Coupler Valve 4-RC 1"1 each $105.00 $105.00 16 Rain Bird EFB- CP Series Valve 1"1 each $275.00 $275.00 17 1" Rain Bird Plastic valve in place (PEB)1 each $150.00 $150.00 18 1 1/2" Rain Bird Plastic valve in place 1 each $185.00 $185.00 19 2” Rain Bird plastic valve in place (PEB)1 each $210.00 $210.00 20 Complete Rainbird XCZ-075 Kit 1 each $135.00 $135.00 21 Complete XCZ-100 Kit 1 each $140.00 $140.00 22 1 ½” Superior Globe Brass Valve 1 each $375.00 $375.00 23 2” Superior Globe Brass Valve 1 each $420.00 $420.00 24 Calsense Flow Meter 1.5"1 each $755.00 $755.00 25 1/2" Plug 1 each $5.60 $5.60 26 1/2" Cap 1 each $4.35 $4.35 27 Swing Joint Assembly Marlex 1"1 each $19.00 $19.00 28 Swing Joint Assembly Sch. 40 3/4"1 each $32.00 $32.00 29 Swing Joint Assembly Sch. 40 1"1 each $39.00 $39.00 30 Rainbird Solenoid 1 each $54.00 $54.00 31 Valve Box Round Tan/Green 10"1 each $29.00 $29.00 32 Valve Box Standard Tan/Green 12"x17"1 each $55.00 $55.00 33 Valve Box Jumbo Tan/Green 13"x20"1 each $115.00 $115.00 34 1-Gallon Shrub Installed 1 each $18.00 $18.00 35 5-Gallon Shrub Installed 1 each $28.00 $28.00 36 15-Gallon Shrub Installed 1 each $85.00 $85.00 37 24"-Box Tree Installed 1 each $440.00 $440.00 38 Mowing 1 1000 sq.ft.$1.00 $1.00 39 Sod Installation 1 1000 sq.ft.$2,350.00 $2,350.00 40 Desert Gold Decomposed Granite 1 ton $110.00 $110.00 41 Brimstone Decomposed Granite 1 ton $115.00 $115.00 42 Apache Brown Decomposed Granite 1 ton $215.00 $215.00 43 Indian Red Decomposed Granite 1 ton $175.00 $175.00 44 Apache Brown Crushed Stone 1 ton $240.00 $240.00 45 California Gold Crushed Stone 1 ton $210.00 $210.00 46 Baja Cresta Rubble 1 ton $150.00 $150.00 47 Gray Cresta Rubble 1 ton $150.00 $150.00 48 Gray Granite Cobble 1 ton $133.00 $133.00 49 Cemented Cobble 1 ton $500.00 $500.00 50 Laborer 1 per hour $27.00 $27.00 51 Irrigator 1 per hour $33.00 $33.00 52 Foreman 1 per hour $38.00 $38.00 53 Supervisor 1 per hour $51.00 $51.00 Page 170 of 303 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded to Vintage Landscape Inc., (hereinafter referred to as the “Contractor”) an agreement for Landscape Maintenance Area 17 (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 May 26, 2022, (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, Vintage Landscape, Inc., 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 annual sum of Three Hundred Forty Thousand Eight Hundred DOLLARS, ($340,800), 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 171 of 303 (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 172 of 303 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 173 of 303 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 Individual DESCRIPTION OF ATTACHED DOCUMENT 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 174 of 303 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 Individual DESCRIPTION OF ATTACHED DOCUMENT 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 175 of 303 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 May 26, 2022, has awarded to Vintage Landscape, Inc. hereinafter designated as the “Principal,” a contract for the work described as follows: Landscape Maintenance Area 17 (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 May 26, 2022 (“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 annual sum of Three Hundred Forty Eight Hundred Dollars ($340,800) 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 Page 176 of 303 or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or 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 177 of 303 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 178 of 303 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 Individual DESCRIPTION OF ATTACHED DOCUMENT 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 179 of 303 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 Individual DESCRIPTION OF ATTACHED DOCUMENT 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 180 of 303 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-101 Landscape Maintenance Area No. 17 RESPONSE DEADLINE: May 3, 2022 at 10:00 am Report Generated: Monday, May 9, 2022 Vintage Landscape Proposal CONTACT INFORMATION Company: Vintage Landscape Email: davids@thevintageco.com Contact: David Smith Address: 78755 Darby Road Bermuda Dunes, CA 92203 Phone: N/A Website: www.vintagelandscape.com Submission Date: May 2, 2022 8:58 PM Page 181 of 303 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-101 Landscape Maintenance Area No. 17 PROPOSAL DOCUMENT REPORT Request For Proposal - Landscape Maintenance Area No. 17 Page 2 ADDENDA CONFIRMATION No addenda issued QUESTIONNAIRE 1. Proposal (WITHOUT COST)* 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. 2. Key Personnel: Identify key persons that will be principally responsible for working with the City. Indicate the role and responsibility of each individual. Page 182 of 303 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-101 Landscape Maintenance Area No. 17 PROPOSAL DOCUMENT REPORT Request For Proposal - Landscape Maintenance Area No. 17 Page 3 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. COPD_Proposal_(without_cost)_2May22.pdf 2. Non-Collusion Declaration* The undersigned declares: I am an authorized representative of my company, the party making the foregoing Bid, to certify the following. The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, 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 full power to execute, and does exec ute, this declaration on behalf of the Bidder. Page 183 of 303 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-101 Landscape Maintenance Area No. 17 PROPOSAL DOCUMENT REPORT Request For Proposal - Landscape Maintenance Area No. 17 Page 4 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Confirmed 3. Iran Contracting Act Certification* (Public Contract Code section 2200 et seq.) As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option selected below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Sect ion 2200 et seq.) is true and correct: Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the Califor nia Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or ineligibility to bid on contracts for three years. The Contractor is not identified on the current list of person and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or a financial instruction that extends, for 45 calendar days or more, credit in the amount of $20,000,000 or more to any other person or en tity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or wi ll use the credit to provide goods or services in the energy sector in Iran. 4. Enter your valid CA Contractors State License Board (CSLB) number* Please enter your License Number here. This will be verified against the state database A C27 647984 Click to Verify Value will be copied to clipboard 5. Enter your California Department of Industrial Relations (DIR) Registration number* Please enter your Public Works Contractor DIR Number. This will be verified against the state database. Page 184 of 303 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-101 Landscape Maintenance Area No. 17 PROPOSAL DOCUMENT REPORT Request For Proposal - Landscape Maintenance Area No. 17 Page 5 1000001926 Click to Verify Value will be copied to clipboard 6. Litigation* Provide litigation history for any claims filed by your firm or against your firm related to the provision of Services in the last five (5) years (or type "N/A"). N/A 7. Changes to Agreement* The City standard professional services agreement contract is included as an attachment herein. The Proposer shall identify any 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* In submitting a proposal in response to this RFP, Proposer is certifying that it takes no exceptions to this RFP including, but 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 partic ular, the insurance and indemnification provisions therein (or type "N/A"). N/A 9. Project Team Resumes* Submit resumes of all key personnel/support staff that will produce work product for the Services. Describe their qualificati ons, education, and professional licensing. 9._Project_Team_Resumes.pdf Page 185 of 303 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-101 Landscape Maintenance Area No. 17 PROPOSAL DOCUMENT REPORT Request For Proposal - Landscape Maintenance Area No. 17 Page 6 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 c onditions of the RFP.* Confirmed PRICE TABLES CONTRACTOR'S PROPOSAL PRICE BY LOCATION Annual Cost Line Item Description Quantity Unit of Measure Unit Cost Total 1 Palm Desert Aquatic Center 12 Months $1,400.00 $16,800.00 2 Civic Center Park 12 Months $13,100.00 $157,200.00 3 City Hall 12 Months $2,500.00 $30,000.00 4 Sherriff's Annex Secure Lot 12 Months $300.00 $3,600.00 5 Legends Baseball Fields 12 Months $4,500.00 $54,000.00 6 Magnesia Falls City Park 12 Months $2,000.00 $24,000.00 7 Magnesia Falls Shared Park 12 Months $2,000.00 $24,000.00 8 Park View Office Complex 12 Months $2,000.00 $24,000.00 9 State Building 12 Months $300.00 $3,600.00 10 San Pascual Planter 12 Months $300.00 $3,600.00 Page 186 of 303 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-101 Landscape Maintenance Area No. 17 PROPOSAL DOCUMENT REPORT Request For Proposal - Landscape Maintenance Area No. 17 Page 7 Line Item Description Quantity Unit of Measure Unit Cost Total TOTAL $340,800.00 MAINTENANCE WORK PRICE (INSTALLED) Price to include material and Prevailing Wage labor Line Item Description Quantity Unit of Measure Unit Cost Total 1 Bowsmith SL200 Series Emitter 1 each $2.90 $2.90 2 Rainbird Xeri Bug Emitter XBT-XX 1 each $1.40 $1.40 3 Rainbird Xeri Bug Emitter 1/2" XBT-XX 1 each $4.80 $4.80 4 Rainbird Polyflex Riser PFR/FRA 1 each $1.60 $1.60 5 Rainbird 1400 Series Bubblers 1 each $1.90 $1.90 6 Schedule 80 Nipple 1 each $1.60 $1.60 7 Rainbird 1804 with Nozzle 1 each $10.75 $10.75 8 Hunter PGJ with Nozzle 1 each $19.10 $19.10 9 Hunter PGP with Nozzle 1 each $21.50 $21.50 10 Hunter I20 with Nozzle 1 each $25.80 $25.80 11 Hunter I25 with Nozzle 1 each $40.00 $40.00 Page 187 of 303 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-101 Landscape Maintenance Area No. 17 PROPOSAL DOCUMENT REPORT Request For Proposal - Landscape Maintenance Area No. 17 Page 8 Line Item Description Quantity Unit of Measure Unit Cost Total 12 Hunter I40 with Nozzle 1 each $83.00 $83.00 13 Hunter I40 Opposing Nozzles with Nozzles 1 each $92.00 $92.00 14 Rainbird Quick Coupler Valve 3-RC 3/4" 1 each $90.00 $90.00 15 Rainbird Quick Coupler Valve 4-RC 1" 1 each $105.00 $105.00 16 Rain Bird EFB- CP Series Valve 1" 1 each $275.00 $275.00 17 1" Rain Bird Plastic valve in place (PEB) 1 each $150.00 $150.00 18 1 1/2" Rain Bird Plastic valve in place 1 each $185.00 $185.00 19 2” Rain Bird plastic valve in place (PEB) 1 each $210.00 $210.00 20 Complete Rainbird XCZ-075 Kit 1 each $135.00 $135.00 21 Complete XCZ-100 Kit 1 each $140.00 $140.00 22 1 ½” Superior Globe Brass Valve 1 each $375.00 $375.00 23 2” Superior Globe Brass Valve 1 each $420.00 $420.00 24 Calsense Flow Meter 1.5" 1 each $755.00 $755.00 25 1/2" Plug 1 each $5.60 $5.60 26 1/2" Cap 1 each $4.35 $4.35 27 Swing Joint Assembly Marlex 1" 1 each $19.00 $19.00 Page 188 of 303 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-101 Landscape Maintenance Area No. 17 PROPOSAL DOCUMENT REPORT Request For Proposal - Landscape Maintenance Area No. 17 Page 9 Line Item Description Quantity Unit of Measure Unit Cost Total 28 Swing Joint Assembly Sch. 40 3/4" 1 each $32.00 $32.00 29 Swing Joint Assembly Sch. 40 1" 1 each $39.00 $39.00 30 Rainbird Solenoid 1 each $54.00 $54.00 31 Valve Box Round Tan/Green 10" 1 each $29.00 $29.00 32 Valve Box Standard Tan/Green 12"x17" 1 each $55.00 $55.00 33 Valve Box Jumbo Tan/Green 13"x20" 1 each $115.00 $115.00 34 1-Gallon Shrub Installed 1 each $18.00 $18.00 35 5-Gallon Shrub Installed 1 each $28.00 $28.00 36 15-Gallon Shrub Installed 1 each $85.00 $85.00 37 24"-Box Tree Installed 1 each $440.00 $440.00 38 Mowing 1 1000 sq.ft. $1.00 $1.00 39 Sod Installation 1 1000 sq.ft. $2,350.00 $2,350.00 40 Desert Gold Decomposed Granite 1 ton $110.00 $110.00 41 Brimstone Decomposed Granite 1 ton $115.00 $115.00 42 Apache Brown Decomposed Granite 1 ton $215.00 $215.00 43 Indian Red Decomposed Granite 1 ton $175.00 $175.00 Page 189 of 303 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-101 Landscape Maintenance Area No. 17 PROPOSAL DOCUMENT REPORT Request For Proposal - Landscape Maintenance Area No. 17 Page 10 Line Item Description Quantity Unit of Measure Unit Cost Total 44 Apache Brown Crushed Stone 1 ton $240.00 $240.00 45 California Gold Crushed Stone 1 ton $210.00 $210.00 46 Baja Cresta Rubble 1 ton $150.00 $150.00 47 Gray Cresta Rubble 1 ton $150.00 $150.00 48 Gray Granite Cobble 1 ton $133.00 $133.00 49 Cemented Cobble 1 ton $500.00 $500.00 50 Laborer 1 per hour $27.00 $27.00 51 Irrigator 1 per hour $33.00 $33.00 52 Foreman 1 per hour $38.00 $38.00 53 Supervisor 1 per hour $51.00 $51.00 Page 190 of 303 Recognized and Enduring Quality Since 1992 May 2, 2022 Bertha Gonzalez Management Analyst 73510 Fred Waring Drive Palm Desert, CA 92260 Response to Request for Proposal 2022-RFP-101 Landscape Maintenance Area NO. 17 Bertha, Thank you for the opportunity to submit our proposal for the landscape maintenance of The City of Palm Desert Area NO. 17. Vintage Associates has the knowledge and experience to maintain your landscape environment and enhance the beauty and value of your parks. We are a local family- owned company currently operated by the second generation who personally oversee every account. We are unique in our industry because we are the only company in the Coachella Valley to offer a complete range of services. Subsidiary branches of Vintage Associates include: Vintage Landscape, Vintage Nursery, Tree Rite- professional arborists, Vintage Outdoors- landscape design and construction, and Water Management - irrigation specialists. Vintage Associates team members consist of certified professionals in the horticultural field with over 100 years of combined experience dedicated to our accounts solely located in the Coachella Valley. Our proposal includes detailed information about our company, key personnel, and service practices. We have reviewed your property, and we are confident we can provide the best quality of service at the lowest cost. Our competitive advantages specific to your landscape include: • We have 30 years of experience taking care of City parks, including Coachella, La Quinta, Indian Wells, and your Palm Desert Parks. • Account Managers utilize smartphones and tablets to manage and respond to service orders quickly, efficiently and effectively. • Highly qualified and experienced on-site supervisors constantly inspect the property for issues and proactively correct and report these issues. • We emphasize the natural pruning of shrubs and professional tree care to enhance the beauty and ensure the landscape looks just like the architect designed it. • We utilize best management practices and the most efficient equipment available to provide high-quality results at the lowest cost. • Our history of maintaining long-term relationships with our customers (over 20 years) and our employees (30 years). Vintage Landscape, Vintage Nursery, Vintage Outdoors 78-755 Darby Road, Bermuda Dunes, CA 92203 • (760) 772-3673 • VintageLandscape.com • License #647984 Page 191 of 303 The City of Palm Desert Landscape Maintenance Area NO. 17 Proposal, May 3, 2022 (cont.) Kyle Gritters (President) and David Smith (Vice President/Secretary) are authorized to negotiate agreement terms and compensation. Kyle is directly responsible for the landscape maintenance branch of Vintage Associates which includes Tree and Spray divisions. David oversees Vintage Nursery and the Vintage Outdoors branches. Both gentlemen can be reached at: 78755 Darby Road, Bermuda dunes, CA 92203 or by phone at (760) 772-3673. Kyle’s direct reports include Bruce Brown who will be the account manager for Landscape Area NO. 17. Bruce will be supported by Dan Powers who will be the landscape supervisor for Area NO. 17. Bruce and Dan can be reached at: 78755 Darby Road, Bermuda dunes, CA 92203 or by phone at (760)772-3673. Under the leadership of Kyle Gritters supported by Al Hollinger, Bruce and Dan will oversee and execute the work scope of Area NO. 17. Sincerely, David Smith Vice President C.C. Kyle Gritters Vintage Landscape, Vintage Nursery, Vintage Outdoors 78-755 Darby Road, Bermuda Dunes, CA 92203 • (760) 772-3673 • VintageLandscape.com • License #647984 P.2 Page 192 of 303 Recognized and Enduring Quality Since 1992 1 | P a g e Vintage Landscape, Vintage Nursery, Vintage Outdoors 78-755 Darby Road, Bermuda Dunes, CA 92201 • (760) 772-3673 • VintageLandscape.com • License #647984 B. Experience and Technical Competence 1. Background: Vintage Landscape has been in business for 30 years. Over the past 30 years, Vintage Landscape or Stephen Burt and Associates (Companies Former Name) has been working with several municipalities in the desert. This list includes the City of Palm Desert (20 Years), The City of Coachella (10 years), The City of La Quinta (5 years), and The City of Indian Wells (20 years). The scope of work is similar to the requested RFP. The work includes parks, sports complexes, and common area landscapes. Vintage Landscape’s staff has over 100 years of combined experience in the landscape industry, education, and certifications. One of our key members contributing to the success and training is Al Hollinger. Al has a degree in Ornamental Horticulture and is seen as the desert’s Horticulture expert. There is no other landscape service provider in the desert with the expertise and knowledge that the staff at Vintage Landscape provides to their clients. 2. References: Client City of La Quinta City of Coachella City of Indian Wells Project City of La Quinta Parks City Parks & Office Facilities Citywide Landscaping Services Primary Contact Dianne Hansen Management Analyst Public Works Department (760) 777-7117 Maritza Martinez Public Works Director (760) 398-3502 ext. 201 Mihai Dan Public Works Field Supervisor (760) 346-2489 Page 193 of 303 Recognized and Enduring Quality Since 1992 1 | P a g e Vintage Landscape, Vintage Nursery, Vintage Outdoors 78-755 Darby Road, Bermuda Dunes, CA 92201 • (760) 772-3673 • VintageLandscape.com • License #647984 C. Firm Staffing and Key Personnel 1. Staffing: a. Account Manager responsible for overall customer experience and interaction with Vintage Landscape. Quality assurance for the account and support for the supervisor. Bruce Brown, Account Manager. 30 Years Golf and Landscape Experience Associate of Science Turfgrass Management, QAL Rainbird, Toro, Network 8000/Cirrus/Nimbus/Osmack computer operator. b. Part time Supervisor (5-10 Hours per week) Responsible for scheduling, inspection and follow up to be sure work is completed as specified. Responsible for checking on crew daily and will manage daily communication with main contact with the city. Dan Powers, Senior Supervisor. 31 Years Landscape Experience QAL #116644 Certified Landscape Irrigation Auditor # 87173 Certified Water Manager 7 Years Experience City of Palm Desert c. 1 Irrigation foreman / Gardener responsible for irrigation checks and reporting. Will also be the designated lead full time on location. Eleno Rivera, 15 Years Landscape Irrigation Experience 7 Years Experience City of Palm Desert d. 1 Gardener / Mower will perform most of the planter raking and support for detail mowing. e. 2 Janitorial / Laborers for all of the power washing and hard surface cleaning and blowing. f. 1 Mower operator part time to fulfill the mowing frequencies. Additional Personnel: Vintage staffs over 400 employees. If additional staffing is required to complete scope of work, we have the capacity to transfer the staff requires as needed. Page 194 of 303 2 | P a g e Vintage Landscape, Vintage Nursery, Vintage Outdoors 78-755 Darby Road, Bermuda Dunes, CA 92201 • (760) 772-3673 • VintageLandscape.com • License #647984 2. Key Personnel: Greg Gritters, CFO & CEO Greg has 25 years of domestic and international experience in commercial development, operations, and project management. Greg has a degree in Chemical Engineering from the University of Southern California. Greg is a graduate from the internationally acclaimed Thunderbird School of Management with an MBA in international business. Greg is a Certified Water Manager by the California Landscape Contractors Association and leads the company’s initiatives in water management and conservation. Kyle Gritters, President Kyle manages the landscape maintenance branch with a strong team with over 100 years of experience between them. Kyle has attended numerous horticultural classes at COD and holds a Qualified Applicators License and works in tandem with his business partner David Smith to create a strong company culture of trust and integrity. Kyle holds a BA in Applied Design from San Diego State University. David Smith, Vice President/Secretary David Smith manages our construction branch (Vintage Outdoors) and nursery (Vintage Nursery). He has over 28 years of landscape construction experience and is an expert in palm tree horticulture. David is an ISA Tree Risk Assessment Qualified and an ISA Certified Arborist. He is also involved in CAI and oversees business development along with Kyle Gritters; Both being second generation employees who will ensure a strong future for our staff and the customers of Vintage Landscape. Al Hollinger, Chief Horticulturalist for Vintage Landscape Al holds a BS Ornamental Horticulture from Cal Poly Pomona ISA Certified Arborist, WE-1790A International Society of Arboriculture since 1990 QAL, 105459 Al has over 35 years of experience working on City Landscape Accounts and has extensive technical knowledge and qualifications. Al was a Horticulture instructor at COD for 10 years adjunct. Al was a frequent speaker at Landscape Educational Seminars. Page 195 of 303 3 | P a g e Vintage Landscape, Vintage Nursery, Vintage Outdoors 78-755 Darby Road, Bermuda Dunes, CA 92201 • (760) 772-3673 • VintageLandscape.com • License #647984 Heather Kambe, Employee Investment Marquies Weaver, Risk/Organization Development Jasmine Meza, HR Manager Joe Elkins, Finance & BS Rick Valdez, Outdoors Manager Page 196 of 303 4 | P a g e Vintage Landscape, Vintage Nursery, Vintage Outdoors 78-755 Darby Road, Bermuda Dunes, CA 92201 • (760) 772-3673 • VintageLandscape.com • License #647984 Cesar Tejeda, Nursery Supervisor Page 197 of 303 5 | P a g e Vintage Landscape, Vintage Nursery, Vintage Outdoors 78-755 Darby Road, Bermuda Dunes, CA 92201 • (760) 772-3673 • VintageLandscape.com • License #647984 3. Team Organization: Brian Valenzuela SUPERVISORS Alfonso Munoz Guillermo Rojo Ignacio Serrato Israel Macias Lorenzo Ayala Pedro Lopez Kevin Vasquez Anthony Mendoza Jairo Moreno Elmer Gamez Kyle Gritters President SENIOR SUPERVISORS Dan Powers QAL/CLIA Petro Garcia Armando Gonzalez Aurelio Medina Alex Meza Ramon Lopez Fredie Salazar Joe Lopez Oscar Aceves Maxicom Site / QAC Sergio Aceves Lead Mechanic Jesus Orozco Ben Reyes Supervisor Mario Higaque Supervisor Tree Division Bruce Brown Golf Turf AA / QAL Golf Account Manager Leo Meza ISA/QAL AA Turf Account Manager Rafael Esquivel QAL Account Manager Gil Mejorado CLIA Water Manager Al Hollinger Vintage Chief Horticulturalist Page 198 of 303 6 | P a g e Vintage Landscape, Vintage Nursery, Vintage Outdoors 78-755 Darby Road, Bermuda Dunes, CA 92201 • (760) 772-3673 • VintageLandscape.com • License #647984 4.Subcontractors: Tree trimming and removal services, if needed shall be subcontracted to: Pompa Tree Services Contact: Jose Pompa Address: 79405 HWY 111, Ste 9-335 La Quinta, CA 92253 Phone: (760) 674-6013 -or - Discount Tree Service Contact: James Elenes Address: PO Box 3587 Palm Desert, CA 92261 Phone: (760) 391-8328 Page 199 of 303 D. Propose Method to Accomplish the Work Weekly Schedule for First Month of Service – July Our objective for the first week of service will be to: 1. Establish communication procedures between Vintage Supervisor and City Representative 2. Assign work crews and establish daily and weekly duties as outlined in the RFP LMA 17 to insure all crew members are familiar with the entire area and scope of scheduled duties. 3. Areas we observed needing immediate attention a. Brown spots in turf could be irrigation or biotic issues. b. Spray small weeds starting to emerge. c. Raking and leveling volleyball courts, playground areas and ball fields and DG areas that have not been addressed in a long time. d. Pressure washing picnic table areas e. Ensure trees and shrubs are not blocking street signs, roadways, and pedestrian walkways. Page 200 of 303 f. Remove unnecessary tree stakes. Our objective for the first month of service: 1. Establish Quality Control Program and Reporting methods in coordination with City Representative as outlined in Proposed Scope of Services. a. Gardening crews evaluate status of landscape, prioritize and set schedule. Address some oversized plant material. b. Mow crews – optimize and establish mow crew schedule c. Spray Program – i. Evaluate all areas and prioritize areas requiring herbicide treatment ii. Start Plant Growth Regulator program. d. Irrigation – Identify irrigation runoff areas and address. 2. Perform written assessments and submit to City Representative: a. Irrigation Controllers and Operability b. Trees – Safety considerations and health c. Turf – irrigation deficiencies and fertility d. Shrub health and missing plants e. Gophers control and eradication f. Playground soft surface remediation 3. Establish invoicing procedures including extra work The supervisor is responsible for scheduling tasks and communicating this schedule to the Foreman who is responsible for carrying out the tasks. The supervisor is responsible for following up to make sure the tasks were completed properly. Below is our weekly Schedule for our employees assigned to the account as well as an annual schedule of tasks. Page 201 of 303 One Week Mow Operator Weekly Tasks Mon Tues Weds Thurs Fri Sat Sun Mon Tues Wed Thrus Fri Mon Tue Wed Thrus Fri Mon Tues Wed Thrus Fri Mon/Wednesday Plant Litter/ Remove plant litter, dog droppings & discard items 1 1 1 1 1 Trash Control Empty & clean trash recptacles, replace liners and wipe down lids 3 3 1 1 1 1 1 Pest Control Weed abatement 1 1 1 1 1 Gopher & underground rodent abtement Plant Maintenance Prune shrubs, hedges, ground cover Prune Bougainvillea Safety -prune plant material Remove plant flower stalks Trees Safety -prune and remove suckers 1 Turf Mow all turf areas Mow sports fields 2 2 Mow non-sport fields 1 1 Detail and edge 2 2 2 Remove pest mounds and rake area smoothly 1 1 1 1 Hardscape Rake planter areas and remove debris from cobble Daily 4 4 4 4 4 D.G. and Misc.Clean sidewalks Daily 1 1 1 1 1 Clean tennis and basketball courts Daily 0.5 0.5 0.5 0.5 0.5 Wash monuments and signs, Holocaust Museum 1 1 1 1 1 Pressure wash drains, benchs, drinking fountains, trash 3 Pressure wash dpg park entrance hardscape, perimeter & fixtures 3 3 3 Pressure wash picnic facilities and harscape, concession and tables 4 Pressure wash sports field bleachers 2 Pressure wash playground surfaces and equipment 2 Fill holes in dog parks 1 1 1 Clean spillways and grates 1 1 1 1 1 Clean BBQ's and ash cans 1 1 1 2 1 Clean dugouts and sport field bleachers 1 1 1 Rake and level playground surfaces 1.5 1.5 1.5 1.5 1.5 Rake and Level Volleyball courts 2x Month 2 Level Baseball infields / blow skate park 1x per week 2 Irrigation system Irrgation inpection, adjustment, and repair 4 3 4 5 1 1 Annual color Maintain annual color beds 2 1 8 8 8 8 0 4 4 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 Monthly Tasks Rototill Volleyball courts * Assigned hours will be adjusted to accommodate seasonal needs Wipe down drinking fountains * Please see annual schedule for seasonal tasks Montly Reports- Irrigation/Greenwaste/Pest Applications 12 4 4 4 4 Irrigator / Foreman Gardener Services 1 Services 2 4 Page 202 of 303 Page 203 of 303 Recognized and Enduring Quality Since 1992 1 | Page Vintage Landscape, Vintage Nursery, Vintage Outdoors 78-755 Darby Road, Bermuda Dunes, CA 92201 • (760) 772-3673 • VintageLandscape.com • License #647984 9. - Project Team Resumes Bruce Brown Account Manager 78755 Darby Road Bermuda Dunes, CA 92203 760-772-3673 BruceB@TheVintageCo.Com Summary Responsible for overall customer experience and interaction with Vintage Landscape. Quality assurance for the account and support for the supervisor. Qualifications 1) 30 Years Golf and Landscape Experience 2)Associate of Science Turfgrass Management 3)Qualified Applicator Licensed 4)Operator (Rainbird, Toro, Network 8000/Cirrus/Nimbus/Osmack computer) Dan Powers Senior Supervisor 78755 Darby Road Bermuda Dunes, CA 92203 760-772-3673 DanP@TheVintageCo.com Summary Part time Supervisor (5-10 Hours per week) Responsible for scheduling, inspection and follow up to be sure work is completed as specified. Responsible for checking on crew daily and will manage daily communication with main contact with the city. Qualifications 1) 31 Years Landscape Experience 2)Qualified Applicator Licensed 3)Certified Water Manager 4)Certified Landscape Irrigation Auditor Eleno Rivera Irrigation foreman / Gardener 78755 Darby Road Bermuda Dunes, CA 92203 760-772-3673 Summary Responsible for irrigation checks and reporting. Will also be the designated lead full time on location. Qualifications 1) 15 Years Landscape Irrigation Experience Page 204 of 303 2 | Page Vintage Landscape, Vintage Nursery, Vintage Outdoors 78-755 Darby Road, Bermuda Dunes, CA 92201 • (760) 772-3673 • VintageLandscape.com • License #647984 Greg Gritters CFO & CEO 78755 Darby Road Bermuda Dunes, CA 92203 760-772-3673 Greg@TheVintageCo.com Summary Greg has a degree in Chemical Engineering from the University of Southern California. Greg is a graduate from the internationally acclaimed Thunderbird School of Management with an MBA in international business. Qualifications 1) 25 years of domestic and international experience in commercial development, operations, and project management 2) Certified Water Manager by the California Landscape Contractors Association 3) Leads the company’s initiatives in water management and conservation Kyle Gritters President 78755 Darby Road Bermuda Dunes, CA 92203 760-772-3673 KyleG@TheVintageCo.com Summary Manages the landscape maintenance branch with a strong team with over 100 years of experience between them. Kyle graduated from San Diego State University and has attended numerous horticultural classes at COD. Qualifications 1) Qualified Applicators Licensed 2) BA in Applied Design David Smith Vice President/ Secretary 78755 Darby Road Bermuda Dunes, CA 92203 760-772-3673 DavidS@TheVintageCo.com Summary Manages our construction branch (Vintage Outdoors) and nursery (Vintage Nursery). He is also involved in CAI and oversees business development. Qualifications 1) 28 years of landscape construction experience 2) Expert in palm tree horticulture 3) ISA Tree Risk Assessment Qualified 4) ISA Certified Arborist Page 205 of 303 3 | Page Vintage Landscape, Vintage Nursery, Vintage Outdoors 78-755 Darby Road, Bermuda Dunes, CA 92201 • (760) 772-3673 • VintageLandscape.com • License #647984 Al Hollinger Chief Horticulturalist for Vintage Landscape 78755 Darby Road Bermuda Dunes, CA 92203 760-772-3673 AlanH@TheVintageCo.com Summary Al graduated from Cal Poly Pomona and was a Horticulture instructor at COD for 10 years adjunct. He has been a part of the International Society of Arboriculture since 1990. Al was a frequent speaker at Landscape Educational Seminars. Qualifications 1) Over 35 years of experience working on City Landscape Accounts and has extensive technical knowledge and qualifications. 2) BS Ornamental Horticulture 3) Qualified Applicators Licensed 4) ISA Certified Arborist Page 206 of 303 SANTA ROSA CIR ANACAPAWAYERI N S TV EL A R D O DRASTERDR MARIGOLD DR RUSSELLLNLINGOLNSAN JOSEAVESANPASCUALAVESANJUANAVESANLUISREYAVESANCARLOSAVESAN RAFAEL AVESANJOSEAVE SANTA ROSA WAY MONTGOMERYLNSAN PABLO AVEGOLETA AVE SILVER CANYON LNMARIGOLDDR PRIVATE ST HERMOSALNOLIVE CT SANTA ROSA WAY PRIVATE ST RUTLEDGE WAY KRUG AVE RANCHO RD EL CORTEZ W A Y CARMELCIR BUENACIR MASSON STMARTINICTHEITZCT MONDAVICTCALLAWAYCTSTONYHILLCTRUTLEDGE WAY KRUG AVE PRIVATE ST ERIN ST VELARDO DR ASTER DR VANDACIRSANPASCUALAVEBUENACIRCARMELCIRSEBASTIANWAYPRIVATE RD PRIVAT E R D ZIRCONCIR WNEVADACIR WMERCURYCIR WP R IM R O S E D RSTONY HILL STRUTLEDGE WAYVIA PUCONVIA RENECAVIA TEMUCO VIA RENGOVIA ORSORNO PARK PLVANADIUMPLGARY AVE CASTELLANA S CALLE DELVERANO CASTELLANAECATALINA WAY CAMINOARROYOS CAMINO ARROYO SCASTELLA N A N CATALINA WAY MAGNES IA FALLS DR EL CORTEZ WAY MERCURY C I R EMERCURYCIRW SUTTERSMILLRDDURANGOPLNEVADACIR WQUICKSILVER DR MAGNESIA FALLS DR SAN PABLO AVESAN PABLO AVEFRED WARING DR DESERT STAR BLVD PORTOLAAVEFRED WARING DRSUTTERSMILLRDTUNGSTENPLGRANITE PLRANCHO RD PORTOLAAVEPORTOLAAVESAN PASCUAL AVEELCERCADOCTMAGNESIA FALLS DR FRED WARING DR Landscape Area 17 CIVIC CENTER PARK MAGNESIA FALLS CITY PARK I 1 inch = 600 feet APRIL 2019 Civic Center +/- 1,987,246 Sq Ft Magnesia Falls Shared Park +/- 312,486 Sq Ft CITY HALL PARKVIEW OFFICE COMPLEX CIVIC CENTER PARK LEGENDS FIELDS AQUATIC CENTER SAN PASQUAL CHENNEL 2021 Magnesia Falls City Park +/- 73,610 Sq Ft Page 207 of 303 [This page has intentionally been left blank.] Page 208 of 303 STAFF REPORT CITY OF PALM DESERT MEETING DATE:May 26, 2022 PREPARED BY:Stephen Aryan, Community Resources Manager APPROVING AUTHORITY:City Council REQUEST:Approval of a two-year agreement for an Emergency Services Coordinator with the County of Riverside Emergency Management Department, in an amount not to exceed $160,000. Recommendation: By Minute Motion: 1. Approve a two-year agreement for an Emergency Services Coordinator with the County of Riverside Emergency Management Department, in an amount not to exceed $160,000; and 2. Authorize the City Manager to execute the agreement, as approved to form by the City Attorney. Background/Analysis: Commission Action The Public Safety Commission reviewed this item at their April 13, 2022, meeting and recommended the City Council approve the agreement by a vote of 5-0-2. Strategic Plan This matter is related to the Public Safety and Emergency Services section of the Palm Desert Strategic Plan, specifically under Priority 3: Help the community become more prepared for disasters and public safety emergencies. The priority’s strategy is to expand the city’s current disaster preparedness efforts through increased education and public outreach. Continuing with a shared and contracted Emergency Services Coordinator assists in meeting this priority through numerous public outreach efforts and hosting of Community Emergency Response Team courses. Background In 2016, the City Council approved a three-year agreement with Riverside County for comprehensive emergency preparedness and planning services through a shared Emergency Services Coordinator position with the City of Indian Wells. In 2019, the City Council approved renewing this agreement for another three-year term through June 30, 2022. The Emergency Services Coordinator works in many areas including, but not limited to, emergency planning, staff training, community outreach, coordinating exercises, grant management, emergency response, and post-event recovery. This position interacts heavily with the community and is often requested to attend various meetings and provide presentations. In addition, another critical responsibility is the training and preparedness of staff and most importantly, ensuring a high level of safety and situational awareness during any emergency incident, such as the recent Portola Palms Mobile Home Park Page 209 of 303 May 26, 2022 – Staff Report Staff Report: Emergency Services Coordinator Agreement Renewal Page 2 of 2 fire in February 2022. Financial Impact: The County charges for this position on a fixed fee schedule as outlined below and the City’s contribution falls under “Option C.” This amount covers all expenses except overtime costs, which are estimated at $5,000 and included in the proposed FY 2022/23 City budget. In comparison, the current fiscal year budget for this position is $82,090. If the contract is renewed, the total cost over the two-year term is $160,000. Attachments: Attachment A - Riverside County Emergency Management Department: Emergency Services Coordinator Agreement (Draft) Option (“X”) Item Description Quarter 1 Jul- Sept Quarter 2 Oct- Dec Quarter 3 Jan- Mar Quarter 4 Apr- Jun Total Option A: Base Services $5,000 $5,000 $5,000 $5,000 $20,000 Option B: ESC Services Shared (City Pop < 50,000) $11,250 $11,250 $11,250 $11,250 $45,000 Option B: ESC Services Shared (City Pop > 50,000) $16,250 $16,250 $16,250 $16,250 $65,000 X Option C: 50% Dedicated $20,000 $20,000 $20,000 $20,000 $80,000 Option D: 100% Dedicated $40,000 $40,000 $40,000 $40,000 $160,000 Page 210 of 303 Agreement No. EM-23-100 1 AGREEMENT FOR EMERGENCY SERVICES COORDINATOR SERVICES BETWEEN THE COUNTY OF RIVERSIDE AND THE CITY OF PALM DESERT This Agreement is made as of the date last below written between the County of Riverside (“County”) and the City of Palm Desert (“City”). The parties agree as follows: 1. This Agreement is effective from July 1, 2022 through June 30, 2024. 2. Through its Emergency Management Department (“EMD”), County shall provide to City the services of an Emergency Services Coordinator (“ESC services”) as described in Exhibit A and Attachment 1. 3. City shall pay County for these ESC services as stated in Exhibit B. 4. Either party may terminate this Agreement without cause upon 90 days’ written notice to the other party. The Agreement may be terminated with cause upon 30 days’ written notice to the other party. County shall be entitled to receive compensation for all properly provided services rendered prior to termination. 5. If City does not appropriate funds in its budget for payment, City shall immediately notify County in writing that such funds are not forthcoming. Such notice shall be deemed to be cause for termination by County or City. County shall nevertheless be entitled to payment for properly provided services rendered prior to termination. 6. At all times during performance of this Agreement, County shall maintain insurance or self-insurance reasonable and appropriate for a public entity the size of County. 7. County shall indemnify and hold harmless the City of Palm Desert, its departments, agencies, districts, officials, officers agents, volunteers, and employees from any liability, claim, damage or action based or asserted upon any act or omission of County relating to this Agreement, including but not limited to property damage, personal injury or death. City shall indemnify and hold harmless the County, its departments, agencies, districts, officials, officers, agents, volunteers, and employees from any liability, claim, damage or action based or asserted upon any act or omission of City relating to this Agreement, including but not limited to property damage, personal injury or death. Page 211 of 303 Agreement No. EM-23-100 2 8. County shall maintain and keep records related to the ESC services in accordance with applicable County standards. In addition to their rights under applicable law, City and its employees and agents shall have the right to review and audit such records during County’s normal business hours upon request and reasonable advance notice by City. 9. This Agreement shall be governed by the laws of the State of California. Venue shall be in a court of competent jurisdiction in Riverside County, and the parties waive any provision of law providing for a change of venue to another location. 10. This Agreement shall be administered by the Director of EMD or designee on behalf of County, and by City Manager or his or her designee on behalf of City. 11. Notices issues pursuant to this Agreement shall be sent via U.S. Mail to the following: To County: To City: Emergency Management Department City of Palm Desert 450 E. Alessandro Blvd. 73510 Fred Waring Drive Riverside, CA 92508 Palm Desert, CA 92260 Attn: Operations Manager Attn: City Manager 12. This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each party of this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act (“CUETA,” Civ. Code, §§ 1633.1 to 1633.17), for executing this Agreement. The parties further agree that the electronic signatures of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. The CUETA authorizes use of an electronic signature for transactions and contracts among parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code. Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Page 212 of 303 Agreement No. EM-23-100 3 13. This Agreement represents the full and final agreement between the parties related to this subject matter; and no prior oral or written agreements shall apply. This Agreement may be modified or altered only by a written amendment signed by authorized representatives of both parties. AGREED: County of Riverside: City of Palm Desert: By: _______________________ By: _______________________ BRUCE BARTON, DIRECTOR L. TODD HILEMAN EMERGENCY MANAGEMENT DEPARTMENT CITY MANAGER Dated: ____________________ Dated: _____________________ Approved as to Form: ROBERT HARGREAVES CITY ATTORNEY Dated: ____________________ Attest: ANTHONY J. MEJIA CITY CLERK Dated: _____________________ Formatted: No underline Formatted: No underline Page 213 of 303 Agreement No. EM-23-100 4 EXHIBIT A SCOPE OF EMERGENCY SERVICES 1. Level of Service: County shall provide emergency services utilizing the designated Service Level of an Emergency Services Coordinator (“ESC”), to be provided by County for City. Services to be provided shall vary based on the Service Level Option chosen by the City, as outlined in Attachment A, and identified in Exhibit B, Payment Provisions. Services include the following: 1.1 Comprehensive emergency management program: The ESC will coordinate a comprehensive program with the overall mission of serving the public in order to effectively support and recover from a major emergency or disaster, utilizing all standards and applicable laws and regulations within the discipline of emergency management. 1.2 Point of contact: The ESC is the City emergency management point of contact and will be responsible for the coordination with all City personnel and departments and represent the City at all meetings, events, functions, etc., as required. 1.3 Collaboration: The ESC will partner with all local, county, state and federal government agencies, special districts, the private sector, community entities, volunteer and non-profit organizations as necessary in all phases of emergency management. 1.4 Service to Public: The ESC will provide service to the public on matters covered in this Agreement consistent with established policies and procedures that promote courteous, efficient service and good public relations. 2. Primary Responsibilities: The ESC will coordinate all activities to address the four phases of emergency management (Refer to Attachment 1 for detailed levels of service). 2.1 Mitigation Phase: Identification and assessment of hazards, risks, threats using proven mitigation methodologies 2.2 Preparedness Phase: 2.2.1 Plan Development/Maintenance 2.2.2 Grants Management 2.2.3 Community Outreach/Education 2.2.4 Training 2.2.5 Exercise Development/Execution Page 214 of 303 Agreement No. EM-23-100 5 2.2.6 Emergency Operations Center (“EOC”) Readiness 2.2.7 Volunteer Management 2.3 Response Phase: 2.3.1 Emergency Response 2.3.2 Incident Level Based Response Protocols as delineated in section 7 2.4 Recovery Phase: 2.4.1 Short Term Recovery 2.4.2 Long Term Recovery 3. Provision of Supervision: Supervision over the rendition of services, the standards of performance, the discipline of personnel, and other matters incidental to the performance of such services and the control of personnel so employed shall remain with County. However, City reserves the right to request, in writing, the replacement of any personnel for cause. 4. Provision of Equipment: For the purpose of performing said services, and to ensure standardization of required equipment, County shall furnish and supply standard equipment and supplies at no cost to the City. Any additional equipment required by City will be acquired at City’s expense. 5. Response Vehicle: County shall provide the response vehicle, according to County specifications, and shall provide fuel and maintain said vehicle. The vehicle will be utilized as a take home vehicle for response capabilities according to County policy. Until replacement of the current response vehicle, the County shall continue to abide by the terms of the Memorandum of Understanding for Shared Mobile Emergency Operations Center it entered with the Cities of Palm Desert and Indian Wells (Contract No. C35720) entered into effective July 1, 2016. 6. Office Space and Furniture: 6.1 If available, City shall provide office space, office equipment/supplies and furniture necessary for the ESC to perform their job duties. 6.2 ESC headquarters will be at either County EOC in Riverside or Alternate County EOC in Indio. Page 215 of 303 Agreement No. EM-23-100 6 7. ESC Availability: 7.1 Day-to-Day: The assigned ESC will be available to the City based on the contracted level of service as indicated in Exhibit B and according to a pre-arranged schedule approved by City and coordinated based on a shared schedule with the City of Indian Wells. 7.2 Local Incident – Affecting One City: If an incident occurs in one of the contracted cities, the assigned ESC will respond to that affected city and will notify cities of the response. 7.3 Local Incident, Regional or Catastrophic Event – Affecting Contracted Cities: If a local incident, regional or catastrophic event occurs during which multiple contracted cities are affected, the ESC or the EMD Emergency Services Division Manager will contact the city liaisons to make the determination to which city the ESC should respond, based on the following criteria: • The severity of the incident or event • Which city has the greater threat • The current location of the assigned ESC • The availability of additional EMD staff to respond 7.4 Duty Officer Rotation: City agrees for ESC to serve in the EMD Duty Officer rotation and will not be responsible for any overtime costs when its designated ESC is serving in this capacity. 7.5 Vacation/Sick Leave: EMD Duty Chief, Duty Officer or supervisor will be on call and available to respond when the dedicated ESC is on scheduled or unscheduled leave. 7.6 Overtime/Extraordinary Costs: City agrees that overtime and extraordinary costs for incidents within the exclusive jurisdiction of the City are not included in the annual rate. 7.6.1 Overtime shall mean any request by City to attend city council meeting, community meetings or any official city business outside of normal business hours (after 5:00 pm M-F and any hours worked on weekends or holidays). 7.6.2 Extraordinary costs shall mean any reasonable, actual and out of pocket costs associated with an emergency incident within the City’s jurisdiction. Page 216 of 303 Agreement No. EM-23-100 7 EXHIBIT B PAYMENT PROVISIONS City shall compensate County for Emergency Services Coordinator (“ESC”) services on a quarterly “not to exceed” basis as set forth below, excluding any overtime hours works and/or extraordinary costs. 1. Summary of Compensation for Emergency Services Coordinator Services: 1.1 The following chart summarizes the annual rates to be charged by County for services pursuant to this Agreement (refer to Attachment 1 for details). The City’s selected option is indicated: Option (“X”) Item Description Quarter 1 Jul-Sept Quarter 2 Oct-Dec Quarter 3 Jan-Mar Quarter 4 Apr-Jun Total Option A: Base Services $5,000 $5,000 $5,000 $5,000 $20,000 Option B: ESC Services Shared (City Pop < 50,000) $11,250 $11,250 $11,250 $11,250 $45,000 Option B: ESC Services Shared (City Pop > 50,000) $16,250 $16,250 $16,250 $16,250 $65,000 X Option C: 50% Dedicated $20,000 $20,000 $20,000 $20,000 $80,000 Option D: 100% Dedicated $40,000 $40,000 $40,000 $40,000 $160,000 1.2 The compensation payable to County for all services as set forth in this Agreement for the period commencing on or after July 1, 2022, and running through June 30, 2024, is one hundred sixty thousand dollars ($160,000). 2. Overtime or Extraordinary Costs: Any overtime or extraordinary costs as defined in Exhibit A 7.6 are not included in the established rate. The rate for overtime/extraordinary cost is calculated at 1.5 x the EMD Staff’s current employee rate and must be approved in advance by the Ccity’s authorized agent.. Should overtime/extraordinary costs occur during an establish County holiday, pay will be calculated at 2x the EMD Staff’s current employee rate for the first eight hours and 1.5x thereafter. Holiday pay/extraordinary costs will follow the same approval protocol as regular overtime/extraordinary costs. Commented [SA1]: We should define what the County charges for holiday O/T hours worked if different than 1.5 the normal rate. Page 217 of 303 Agreement No. EM-23-100 8 3. Invoicing: The County will invoice the City at the end of each quarter. The payment is due by the 20th of the following month as follows below, with the understanding that the County will allot two weeks for the City to process payment following receipt of invoice: a. Quarter 1 (July 1 – September 30) – due October 20th b. Quarter 2 (October 1 – December 31) – due January 20th c. Quarter 3 (January 1 – March 31) – due April 20th d. Quarter 4 (April 1 – June 30) – due July 20th Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Page 218 of 303 Page 219 of 303 Page 220 of 303 Page 221 of 303 [This page has intentionally been left blank.] Page 222 of 303 STAFF REPORT CITY OF PALM DESERT MEETING DATE:May 26, 2022 PREPARED BY:Eric Ceja, Director of Economic Development Deborah Glickman, Management Analyst APPROVING AUTHORITY:City Council REQUEST:Request for approval of addendum to Easement Agreement between the City of Palm Desert and The Gardens on El Paseo, LLC. Recommendation: By Minute Motion: 1) Extend the approval of six (6) Tesla electric car charging stations located on the ground floor of The Gardens on El Paseo (The Gardens) parking garage; 2) Authorize the installation of six (6) new electric car charging stations in the parking garage; 3) Authorize the addition of advertising and promotional panels on the parking garage; 4) Authorize the City Attorney to draft a Fourth Addendum to the Easement Agreement between the City of Palm Desert and The Gardens on El Paseo, LLC; and 5) Authorize the City Manager to execute all related documents. Strategic Plan: The approval of the updates to the Easement Agreement between the City of Palm Desert and The Gardens on El Paseo aligns with the City’s Envision Palm Desert Strategic Plan in the following area: Energy and Sustainability, Priority 2 – Promote greater usage of more sustainable materials. Tourism and Marketing, Priority 2 – Improve access to Palm Desert and its attractions to enhance the ease of lifestyle. Executive Summary: The Taubman Company, owners of The Gardens on El Paseo, has requested to amend the Easement Agreement between the City of Palm Desert and The Gardens on El Paseo, LLC. to include the following items. Allow the six (6) Tesla electric car charging stations to remain in situ Add six (6) electric car charging stations to be installed Allow for advertising and promotional panels on the parking garage To make the above allowances, an addendum to the Easement Agreement would be required. If the Fourth Addendum is approved, The Gardens would work with all appropriate City departments to ensure that all permits and subsequent approvals are attained before moving forward with any of the above stated items. Page 223 of 303 May 26, 2022 – Staff Report The Gardens on El Paseo Page 2 of 4 Background: On April 15, 1999, the former Palm Desert Redevelopment Agency received an Easement Agreement over the parking structure at The Gardens on El Paseo (The Gardens) creating public parking for the shopping center and the district for contributing financially to the construction of the parking structure. The agreement has since transitioned to the City with the elimination of the Redevelopment Agency. The agreement has been amended three (3) times. First Addendum - January of 2004 creating a storage area for the City’s Courtesy Carts. Second Addendum - June of 2008 allowing for the removal of parking spaces to expand Saks Fifth Avenue. Third Addendum - December 2015 to allow for the installation of six (6) Tesla electric car charging stations. Discussion: Tesla Electric Car Charging Stations In 2015, via the Third Addendum to the Easement Agreement, the City granted approval to The Gardens to augment existing parking spaces to accommodate six (6) Tesla charging stations in conjunction with the then new tenancy of Tesla. In 2019, Tesla closed many of its showrooms, including the showroom at The Gardens. Item 4 of the Third Addendum identifies the following term of the charging stations. “4. Term. The term of use for the Designated Parking Spaces shall commence on the date of the recordation of this Third Addendum and shall expire on the earlier of (a) the end of the term of the Easement created under the Agreement, (b) the date upon which Tenant no longer leases or occupies a space at the Shopping Center, or (c) the date upon which City and Developer agree to modify or terminate this Third Addendum.” Since the closure of the showroom, The Gardens has assumed responsibility for the Tesla on site charging stations. The charging stations are used by the public frequently between the hours of 8 a.m. and 10 p.m., with four (4) to six (6) of the charging stations in use at most times dependent on the time of year. Therefore, staff recommends utilizing a Fourth Addendum to the Easement Agreement to allow for the charging stations to remain in place. New Electric Car Charging Stations As a part of the continued rollout of sustainability measures across its portfolio, Taubman seeks to enter into a license agreement with Electrify America to install six (6) electric car charging stations on the lower- level parking along the south wall adjacent to Shadow Mountain Drive. In order to accommodate the charging stations, The Gardens will need to reduce the existing parking count by nine (9) stalls. Six (6) of the lost stalls will house the primary charging equipment, and the other three (3) will be used to accommodate re-striping to allow for a greater width to accommodate the charging stations. The six (6) charging stations include four (4) regular stalls and two (2) ADA compliant stalls. The attached exhibit shows the exact proposed location for the stalls. The parking stalls with the charging stations will not be for the exclusive use of electric vehicles and will be available for all parking. The current number of parking spaces in the garage exceeds the current parking requirements contained Page 224 of 303 May 26, 2022 – Staff Report The Gardens on El Paseo Page 3 of 4 in the City’s Zoning Ordinance. The loss of three (3) parking spaces does not affect the garages parking requirement. For the use of the spaces in the parking lot, The Gardens will receive an undisclosed initial “Site Acquisition Fee” and a nominal annual fee per charging station from Electrify America, which will charge users of the stations market rates for charging. Advertising and Promotional Panels Taubman is requesting to utilize the parking garage to house media panels for advertising and promotional purposes. The panels program would display content such as the following: General mall marketing, promotion, and event messaging as well as promoting a variety of The Gardens’ featured brands and restaurants. Specific Tenant brand, product, and service offerings Major Events, i.e. El Paseo Fashion Week and Palm Desert Food & Wine Festival Mall Sponsorships Destination resorts, entertainment venues, theme parks, etc. Other local and national brands with the intent to elevate brand awareness and identity The proposed displays would be approximately twelve and a half feet by six feet eight inches (12’6” x 6’8”) and be attached to the surface of the parking garage at two (2) locations. The first location is on Larkspur Lane and the second location is on San Pablo Avenue. The Gardens already has an approved Sign Program in place for the center as a whole, but an addendum to the Easement Agreement is required in order to allow for signage into the parking garage. If the City Council approves amending the Agreement to allow for signage on the garage, then The Gardens would work with the City’s Architectural Review Commission (ARC) to amend the Sign Program and address sign sizing, content, and design. Attached is a schematic of the proposed locations of the new signage. Conclusion: Staff recommend approving the requests from Taubman, including the execution of a Fourth Addendum to the Easement Agreement between The Gardens on El Paseo, LLC and The City of Palm Desert. The addendum to the agreement would allow for The Gardens on El Paseo to: Retain the existing six (6) Tesla electric car charging stations Add six (6) electric car charging stations to be installed Allow for advertising and promotional panels on the parking garage Financial Impact: There is no fiscal impact of this item. Attachments: Page 225 of 303 May 26, 2022 – Staff Report The Gardens on El Paseo Page 4 of 4 1. Easement Agreement between The Gardens on El Paseo and The City of Palm Desert 2. Third Addendum to the Easement Agreement 3. Proposed Advertising and Promotions Panel 4. February 28, 2022 Request from Taubman Page 226 of 303 Page 227 of 303 Page 228 of 303 Page 229 of 303 Page 230 of 303 Page 231 of 303 Page 232 of 303 Page 233 of 303 Page 234 of 303 Page 235 of 303 Page 236 of 303 Page 237 of 303 Page 238 of 303 Page 239 of 303 Page 240 of 303 Page 241 of 303 Page 242 of 303 Page 243 of 303 Page 244 of 303 Page 245 of 303 Page 246 of 303 Page 247 of 303 Page 248 of 303 Page 249 of 303 Page 250 of 303 1 L ) 73-5 io Fxt;n WnRi`c; DRIVE iI AI.bt llESF.RT, CAI.IF'OKti(A 92260-25 5 TEL: 7G0 346-06 infuC«rit}ofpalmdcsert.or} I March 9, 2016 General Counsel The Gardens on EI Paseo LLC Post Office Box 200 Bloomfield Hills, Michigan 48303-020Q Dear Sir or Madam: Subject: Request for Approval of a Addendum to Easement Aqreement Between the Citv of Palm Desert and The Gardens on EI Paseo, LLC At its regular meeting of December 10, 2015, the Palm Desert City Council considered the subject request and took the following action: By Minute Motion: 1) Approved the Third Addendum to Easement Agreement between the City of Palm Desert and The Gardens on EI Paseo, LLC; 2) authorized the City Attorney to make non-substantive changes to all documents; 3) authorized the Mayor to execute any and all documents. Enclosed are one executed original and a recorded copy of the Third Addendum to the Easement Agreement for your files. If you have any questions or require any additional information, please do not hesitate to contact our offices. Sincerely, RACHELLE D. KLASSEN, MM CITY CLERK RDK:mgs Enclosures (as noted) cc/enc: Ruth Ann Moore, Economic Development Manager Finance Department Page 251 of 303 RECORDING REQUESTED BY, AND WHEN RECORDED, MAIL TO: 2016-0050041 City Clerk's Office eziesizeis ea:a8 AM Fee: $ 0.0e City of Palm Desert Page of lz 73-510 Fred Warin Drive Recorded in Ofiicial RecordsgCountyofRiverside Palm Desert CA 92260-2578 Peter Aldana Assessor-County Clerk-Recorder FOR THE BENEFIT OF THE IIII f L;1';IiTF.h I y'lIII CITY OF PALM DESERT NO FEE - 6103 OF THE GOVT. CODE R A Exam: Page DA PCOR Misc Long RFD ist Pg Adtl Pg Cert CC SIZE NCOR SMF NCH T: Third Addendum to Easement Agreement Between City of Palm Desert a California Charter City ("City") and The Gardens on EI Paseo, LLC a Delaware Limited Liability Company ("Developer") Legal Description of Property The Gardens on EI Paseo Shopping Center APNs 627-261-007-5 and 627-261-008-6 Dated: January 13, 2016 Title of Document) N cp 3n t11 rr n x 3 'ocnm C n Page 252 of 303 RECORDING REQL'ESTED BY AND WHEN RECORDED RETURN TO: S ccessor Agency to the Palm Desert Redevelopment Agency 73-510 Fred Waring Drive Palm Desert,California 922G0 Attn: City Clerk's Office This in.strument is exempt from Documentary Transfer Tux pursuunt to Revenue and Taxation C'ode Section 11922 nnd is exemp from Recorder's Fees pur,suant to Governntent Code.SBCI[Oi1.S 6103 and 273H3J THIRD ADDENDUM TO EASEMEI T AGREEMENT This Third Addendum to Easement Agreement (this "Third Addendum") is made and entered into as oC the day of ,lanuary 2016, by and between the ClTY OF PALM DESERT, a California charter city ("City"), and THE GARDENS ON EL PASEO LLC, a Delaware limited liability company (the "Developer"). RECITALS WHEREAS, Developer is the owner of that certain real property (the "Property"), located in the City of Palm Desert, California and more completely described in Exhibit "A" attached hereto and hereby made a part hereof; and WHEREAS, Developer's predecessor in interest developed a shopping center which included, among other features, a parking structure (the "Shopping Center") upon the Property; and W IEREAS, Developer's predecessor in interest and the Palm Desert Redevelopment Agency ("Agency") previously entered into that certain Easement Agreement dated as of April 15, 1999 (the "Agreement") by which Developer's predecessor granted to Agency a nonexclusive easement (defined and described in the Agreement as the "Easement") for public parking purposes over the parking structure (defined and described in the Agreement as thc Parking Areas"); and WHEREAS, Developer's predecessor in interest and Agency previously entered into that certain Addendum to Easement Agreement dated as of January 8, 2004 (the "Addendum'') by which Developer's predecessor granted to Agency an expansion of the Easement to permit Agency to construct and operate a vehicle storage facility on a portion of the Parking Areas to serve the City of Palm Desert's EI Paseo Courtesy Shuttle Program; and Page 253 of 303 WHEREAS, Developer's predecessor in interest and Agency also previously entered into that certain Second Addendum to Easement Agreement dated as of June 26, 2008 (the Second Addendum") whereby the City approved Developer's successor's expansion of the existing Saks Fifth Avenue Building at the Shopping Center and permitted Developer's successor to modify the Parking Areas. Included within such approvals was the approval, execution and recording of that certain Development Agreement by and between the City of Palm Desert and Gardens SPE II, LLC; and WHEREAS, on December 15, 2015, the Successor Agency to the Palm Desert Redevelopment Agency ("SARDA"), as the successor-in-interest to the Agency, conveyed to the City pursuant to a Quitclaim Deed, and the City accepted from SARDA, the terms and conditions of the original Easement Agreement and all addenda thereto; and WFiEREAS, Developer anticipates leasing space to an automobile designer, manufacturer, and retailer ("Tenant") and desires, by this Third Addendum, to designate six 6) parking spaces in the Parking Areas for Tenant's use ("Designated Parking Spaces"); and WEiEREAS, City hereby agrees to and accepts Developer"s modifications to the Parking Areas and Easement as heretofore described under and pursuant to the terms hereof. NOW, HEREFORE, in consideration of the foregoing, the covenants and promises as set forth herein, and other good and valuable consideration, Developer and City agree as follows: 1. Exhibits and Recitals. All exhibits and recitals referenced herein are incorporated into this Third Addendum as though set forth in full. 2. Definitions. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Agreement. The Addendum, Second Addendum, and this Third Addendum are sometimes collectively referred to herein as the "Addenda." 3. Easement/Desi,nated Parkin Spaces. City agrees and Developer hereby amends and modifies the Agreement and the Easement granted therein to City by hereby designating the Designated Parking Spaccs for the Term (as defined below) for Tenant's use, subject to Developer's approval and conditions. The Designated Parking Spaces shall be located as shown on Exhibit "B" attached hereto and made a part hereof. It is acknowledged that the Designated Parking Spaces are not to be considered as a `'net loss of parking spaces" and will not count against the ten space threshold imposed by Article 5 of the Parking Management Plan against Developer when it comes to making alterations of the Improvemcnts. 4. Term. The term of use for the Designated Parking Spaces shall commence on the date of the recordation of this Third Addendum and shall expire on the earlier of(a) the end of the term of the Easement created under the Agreement, (b) the date upon which Tenant 2 Page 254 of 303 no longer leases or occupies a space at the Shopping Center, or (c) the date upon which City and Developer agree to modify or terminate this Third Addendum. 5. Relocation of Desi nated Parking Spaces. Developer shall have the right to relocate the Designated Parking Spaces to another part of the Parking Areas in accordance with the following: a) Developer shall give City at least sixty (60) days' written notice of Developer's intention to relocate the Designated Parking Spaces. b) The Parties shall immediately execute an amendment to the Agreement stating the relocation of the Designated Parking Spaces. 6. Maintenance. Developer's maintenance obligations as described in the Agreement shall extend to the Designated Parking Spaces. 7. Indemnification. Developer's indemnity obligations as described in the Agreement shall extend to Developer's obligations hereunder as it relates to the Designated Parking Spaces. 8. PrioritY of Development A reement and Project Approvals. In applying the terms and provisions of the various agreements and approvals between the Developer and the City (as a party to the Development Agreement, as the issuer of the Project Approvals, and as successor to Agency with respect to the Development Agreement, the Agreement, Addenda and Parking Management Plan) relative to the subject of parking in the Parking Areas, the terms of the Development Agreement and Project Approvals shall apply, control and govern over any other inconsistent terms and provisions of the Easement, Addenda, or Parking Management Plan. 9. Priority of Easement and Addendum. Except as modified or amended by this Third Addendum, the terms of the Agreement, the Addendum and Second Addendum continue to be and are in full force and effect and are hereby ratified and confirmcd. 10. Misccllaneous. A. Amendment. This Z hird Addendum may be modified only in writing, signed by the parties in intcrest at the time of the modification. B. Severabilitv. The invalidity or unenforceability of any provision of this Third Addendum, as determined by a court of competent jurisdiction, shall in no way affect the validity or enforceability of any other provision hereof. C. Recordation. Promptly following the execution of this Agreement, City shall cause this Third Addendum to be recorded in the Official Records of Riverside County, California. 3 Page 255 of 303 D. Notice. Any written notice required to be given under the Agreement, the Addendum, the Parking Management Plan, Second Addendum, or this Third Addendum may be given by either personal delivery, by Federal Express (or other reputable overnight courier service (collectively, "Courier")), or by mail. If given by Courier, such notice shall be deemed to have been properly given on the business day immediately following the date same is deposited with such Courier for next-day delivery. If given by mail, such notice shall be deemed to have been properly given forty-eight (48) hours after the time that the same is deposited in the United States mail, certified, or registered, return receipt requested, postage prepaid, addressed as follows (or at such address as either Party may otherwise designate in writing to the other Party): To Developer: T}IE GARDENS ON EL PASEO LLC 200 East Long Lake Road P.O. f3ox 200 Bloomfield Hills, Michigan 48303-0200 Attn: General Counsel To City:City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attn: City Manager E. Entire A reement. This Third Addendum, together with the Agreement, Addendum, and Second Addendum, contains the entire agreement between Developer and City as to the subject matter hereof and supersedes all prior agreements, oral or written, with respect thcreto. F. Authoritv. Each Party represents and warrants that it has the sole right and exclusive authority to enter into this Third Addendum. G. Counterparts. This Third Addendum may be executed in any number of counterparts, each of which shall be dcemed an original, but all of which, taken together, shall constitute one and the same instrument. T'he remainder of this page is left blank intentionally.] 4 Page 256 of 303 IN WITNESS WHEREOF, the parties hereto have caused this Third Addendum to bc executed as of the date first above written. DEVELOPER: HE GARDENS ON EL PASEO LLC, a Delaware limited liability co ny BY Its: Authorized Signatory CITY: CITY OF PALM DESERT, a California charter city By: , Its: Robert A. Spiegel, Mayor Attest: R elle D. Klassen, City C rk City of Palm Desert, California 5 Page 257 of 303 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 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 6r#iforRie M-1 a-'1 County of Ol.1 Ot.'1d On JL1t.h • c l , D l(o before me, I X SGI L . 1 r PJ(' /V ry t.t( Date Here Insert Name and Title of the Officer personally appeared l5 Name ) of Signer(s) 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. Si nature '9 Signature of Notary Public TERESA L DHEER Notary Public -Michigan Oakland County My Commission Expires M y 1 , 2018 Place Notary Sea/Above Acting in the County of OPTIONAL Th this section is optional, compleiing this information can deter alteration of the docu or fraudulent reattachment of this form to an unintended document. Description of Attac Document Title or Type of Document: Docum ate: Number of Pages: Signe Other Than Named Abo : Capacity(ies) Claimed by Signer(s) Signer's Name: i ner's Name: Corporate Officer — Title(s): Li rate Officer — Title(s): I-; Partner — LJ Limited General Partner - Limited ' General I Individual C Attorney ' act Individual Attomey in Fact f Trustee G an or Conservator Trustee ian or Conservator Other: I Other: Signer Is R senting: Signer Is Representing: 02014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 Page 258 of 303 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 a,c_-'>:c.c:c%acc s-:t'.c;; c. .ti:-c;t^,-r.z-r,-".:,c,!.cY'A,r,.:::`,cr.:;.`F;<.x:o,c:...'4;<>t.,. -:C'h;c;!=..-<_'s:r.;c.:::.:P.c;r,a,- ......,., ._ 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 ot Riverside Janua 28, 2016 M.G. Sanchez, Notary PublicOnrYbeforeme, Date Here Insert Name and Tit/e of the Officer personally appeared Robert A. Spiegei ------------------------ Name(s)of Signer(s) 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. M. G. SANCHEZ Commission r 2084254 WITNESS my hand and official seal. Notary Public -Califomia i Riverside County D M Comm. Expires Oct 29,2018 Signature i,Sig atur of No ary u lic7 l l J P/ace Notary Seal Above OPT/ONAL Though this section is optional, comp/eting this information can deter a/teration of the document or fraudu/enf reattachment of this form to an unintended document. Description of Attached DocumentThird Addendum to Easement Agmt Title or Type of Document: The Gardens on EI Paseo, LLC Document Date: January 13, 2016 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Robert A. SqieQel Signer's Name: Corporate Officer — Title(s): Corporate Officer — Title(s): Partner — I-1 Limited General Partner — C! Limited C General 7 Individual Li Attomey in Fact I ] Individual Attorney in Fact L;Trustee Guardian or Conservator 1 Trustee LJ Guardian or Conservator Other: Mayor C' Other: Signer Is Representing: City of Palm Desert Signer Is Representing: v C,`%v:v<-.,+-%C:e.G c.:.,`c=,„t,{:%C:;'u;Z{:L_:.,...;±C.Lv:;+%CX-,C,C:cJL.[:.E,K•:z.;:,c;t,t;c::u;c:i c:vk,c:« :t>.X.;G,r:,:c;<v,t.,C;.{5c.::_;,•:c 002014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 Page 259 of 303 EXHIBIT "A" LEGAL DESCRIPTION OF DEVELOPER'S PROPERTY The Gardens on I Paseo Shopping Center: PARCELS 1 AND 2 OF PARCEL MAP NO. 4655, IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 7, PAGE 42 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CAL[FORNIA. EXCEPTING ONE-SIXTEEN'I H OF ALL COAL, OIL, GAS AND OTHER MINERAL DEPOSITS IN SAID LAND, AS RESERVED IN PATENT FROM STATE OF CALIFORNIA, RECORDED JULY 17, 1925 IN BOOK. 9, 102 OF PATENTS, RECORDS OF RIVERSIDE COUNTY, CALIFORN[A Assessor's Parcel Numbers: 627-261-007-5 and 627-26 I-008-6 6 Page 260 of 303 EXHIBIT "B" DESIGNATED PARKING SPACES See the following page. 7 Page 261 of 303 Exhibit B - Designated Parking Spaces i i W.r, 1`,. -r• i t_.,... \ .. i - j i' `-; ii rrc ..... ... . . . . . i i il _"_-}$ 4! .............. ..... . L - I1 Y e, , { .i . v. . F f k;j , . ...._ . r • 1 O i i 1 `,.p L' . .. 4 . NZ. r r a, I a- . . . r g i : . 1`_a_ t . q r` m ' i . t! 1 1 f___ • _.. . . ... r v . rl__p j-- ,j, a_ t,....._ `... . . . _ ' r S'Irf T • , 7C t'_ - .. . ... ... . . : f'_.DM, r ilf_ i " .n at ; r " " cmif far- r I /ii yw V O i;k (; ., ., .. n . . . {I c 1 j t .C.-rr:s I!{ ez f^ . c J 1 V a (1 A , C : r 1 1 L—d II ,, I I: 1 L.. ..._._ yIif G JF I i... j+"=i"Y- i i , r_, I --- I ' .I I,i ;J at__ 1 `_.-._.,.....1 i t 1. 1 I uM.1 • L.__' n....+....r w n.:w[.' TI GARDENS ON EL PASEOIEl PASEO VILLAf3E Taubman & LEASING PLAN- LOWER LEVEL 8 Page 262 of 303 Page 263 of 303 Page 264 of 303 Page 265 of 303 Page 266 of 303 Page 267 of 303 Page 268 of 303 Page 269 of 303 Page 270 of 303 Page 271 of 303 Page 272 of 303 Page 273 of 303 Page 274 of 303 Page 275 of 303 Page 276 of 303 Page 277 of 303 Page 278 of 303 Page 279 of 303 Page 280 of 303 Page 281 of 303 Page 282 of 303 Page 283 of 303 Page 284 of 303 Page 285 of 303 Page 286 of 303 STAFF REPORT CITY OF PALM DESERT MEETING DATE:May 26, 2022 PREPARED BY:Eric Ceja, Director of Economic Development Deborah Glickman, Management Analyst APPROVING AUTHORITY:City Council REQUEST:Authorization to release a Request for Proposal (RFP) for operations of the 2022/2023 El Paseo Courtesy Cart Program and consideration of future programs and direction on exploring options for additional transportation routes throughout the City. Recommendation: By Minute Motion: 1. Authorize staff to advertise a RFP inviting bids for the operation of the El Paseo Courtesy Carts in FY 2022/2023. 2. Direct staff to explore options for additional transportation routes throughout the City of Palm Desert. Strategic Plan The approval of these El Paseo Courtesy Cart items program aligns with the City’s Envision Palm Desert Strategic Plan in the following areas: Economic Development Priority 4: Expand and raise awareness of business-friendly services in order to retain and attract business. Transportation Priority 3: De-emphasize the use of single/low occupancy vehicles and optimize multiple modes of travel Committee Recommendation On April 21, 2022, staff presented this topic to the El Paseo Parking and Business Improvement District (EPBID) board. At the meeting, board members expressed that they are pleased with the program and feel that it assists with keeping people on the street to shop and dine. Although the board did not take formal action on the item, it expressed the following preferences for the future of the program: Run at least three (3) carts daily during the season. Expand hours to accommodate evening diners and shoppers. Offer a more robust app, and/or at least more signage informing people how to download and use the app (the Public Affairs Division is currently exploring options). Executive Summary The current contract for the El Paseo Courtesy Cart program expires on May 30, 2022. Approval of this Page 287 of 303 May 26, 2022 – Staff Report El Paseo Courtesy Cart Program Page 2 of 5 item would authorize staff to seek bids to operate the El Paseo Courtesy Carts from October 2022 to May 2023, with options to extend the executed contract for two (2) additional years. Background The El Paseo Courtesy Carts began operation in September 2004 with one (1) cart, five (5) days per week. Over the next several years, the program grew to two (2) carts, and the service was extended to seven (7) days per week, generally operating between October and May. In 2019, the City solicited proposals from vendors to operate the El Paseo Courtesy Cart Program, and the contract was awarded to GDG, Inc. The contract with GDG allowed for (2) two, one (1) year extensions with City Council approval. On September 30, 2021, the City Council approved GDG’s second and final contract extension. Therefore, it necessitates that staff seeks bids for an operator for FY 2022/2023. The El Paseo Courtesy Cart program continues to provide two electric carts (the 3rd cart is available for ADA riders upon request and special events) shuttling throughout the district between Portola Avenue and Highway 74, seven (7) days per week from 11:00 a.m. through 6:00 p.m. This year’s operation began on October 21, 2021, and will run until May 30, 2022. So far this fiscal year, the carts have provided rides to more than 32,000 visitors to El Paseo. Additionally, to assist businesses during the reconstruction of the Presidents’ Plaza parking area, the third cart was mobilized to run from 8:30 a.m. to 9:00 p.m. daily from December 2021 to February 2022. Below is a summary of the ridership over the last year on both El Paseo and Presidents’ Plaza. FY 2021/2022 FY 2021/2022 Month El Paseo President’s Plaza October 1,461 N/A November 3,480 631 December 3,518 712 January 4,602 595 February 6,182 626 March 7,378 N/A April 5,389 N/A Total 32,010 2,564 Total Ridership 34,574 The Ridership for FY 2021/2022 is on track to be in line with, if not exceed ridership from the previous years where the carts were in operation without interruption for the full season. Ridership in FY 2019/2020 and FY 2020/2021 was lower than in previous years due to the COVID-19 shutdown. Due to COVID-19, the Courtesy Carts did not run from March through October 2020. Once the carts started running again, there was a restriction put on how many people could ride in the cart at once; therefore, lowering the overall ridership count. Page 288 of 303 May 26, 2022 – Staff Report El Paseo Courtesy Cart Program Page 3 of 5 Previous Annual Ridership Month FY 2016/2017 FY 2017/2018 FY 2018/2019 FY 2019/2020 FY 2020/2021 October N/A 2,206 3,089 2,894 N/A November 3,420 3,670 3,722 3,582 2,141 December 3,529 3,782 3,842 3,698 2,418 January 4,962 4,487 4,588 4,634 2,542 February 6,020 5,982 6,201 6,078 3,416 March 6,822 6,672 7,728 N/A 5,022 April 5,342 3,920 5,702 N/A 5,107 May 2,160 3,920 3,628 N/A 4,092 Total 32,255 36,359 38,500 20,886 24,728 Mobile Application In 2019, the City contracted with SunLine Transit Agency to provide a connection to its MyStop app. The app is downloadable from any app store and allows visitors to locate where each of the carts is on El Paseo and know when to expect a cart at their location. The app has also been helpful in allowing stores to watch the carts on behalf of their customers and let them know when one will be coming to them. The agreement for the use of the app ends in May 2022, so staff is currently working with SunLine Transit Agency to extend the use on a year-by-year basis, with an option to cancel at any time with notice. There is still no charge for the use of the app. Discussion With the forthcoming RFP, staff is seeking City Council feedback regarding options for expanding or altering the program, including: Expand operations from two (2) to three (3) carts. Expand the hours of operations to accommodate evening diners. Bring on a full-service operator with its fleet of vehicles. Expand service to include locations beyond the El Paseo corridor. Expand Operations with City Carts Expanding the program to include the use of the City’s third cart would be beneficial to the merchants in moving people around El Paseo and keeping them on the street longer to shop and dine. A potential issue with using the third cart is that the cart is occasionally used as a relief vehicle if one of the two (2) carts regularly being operated needs to be re-charged. This issue does not occur often, so this issue would not arise on a regular basis. The budgeted costs for operations of the Courtesy Cart on El Paseo for FY 2021/2022, and the estimated costs for operating two (2) or three (3) carts for FY 2022/2023, based on daily operations Page 289 of 303 May 26, 2022 – Staff Report El Paseo Courtesy Cart Program Page 4 of 5 from 11:00 a.m. to 6:00 p.m., with overtime for events are as follows. Expense FY 2021/2022 (2 Carts) *Est. FY 2022/2023 (2 Carts) *Est. FY 2022/2023 (3 Carts) Taxi Insurance (based on 3 carts) $22,800 $25,000 $25,000 Operator Agreement $118,000 $129,800 $193,500 Cart Maintenance $4,500 $5,000 $6,000 Total $145,300 $159,800 $197,000 *Staff anticipates at minimum a 10% increase in next year’s bids due to increased labor and insurance costs. Full-Service Operator Staff has conducted cursory research into the cost of hiring an external company to provide all aspects of a Courtesy Cart program utilizing their vehicles and providing the following: Drivers On-demand, app-based service (hail-able, point to point, curb to curb, fixed stop to fixed stop options) All insurances Reporting The cost associated with a full-service company can be offset by incorporating an advertising component on the cart, such as a wrap. In discussions on the topic of advertising on the carts, the EPBID has not been in favor of having advertising on the carts unless it is City-based branding. The estimated costs associated with hiring a full-service operator daily from 11:00 a.m. to 6:00 p.m. with estimated overtime for events are as follows. Two (2) Carts – Regular Time/Overtime $144,000 Three (3) Carts – Regular Time/Overtime $216,000 Expand Service off El Paseo Staff has explored expanding operations of the carts off El Paseo to take people to The Living Desert and other surrounding locations and believes that, if there is an interest in doing so, it would be beneficial to create a separate and unique route for this purpose. If the existing carts were used to take people off El Paseo, staff estimates that it would take a cart off El Paseo for a minimum of 20 minutes per trip, which would leave only one (1) cart on the street (or two (2) if the program is expanded to three (3) carts) for extended periods of time. If the City Council is interested in expanding services to include locations off El Paseo, staff recommends creating a unique route that leaves on a regular basis from a designated location and runs late enough to accommodate people returning from their destination. This program could be incorporated as an option into the new Courtesy Cart operator agreement based on the availability of Page 290 of 303 May 26, 2022 – Staff Report El Paseo Courtesy Cart Program Page 5 of 5 vehicles and selected operator. The cost of an additional route would depend on the hours of operation and if a new vehicle would need to be purchased. Another option would be to work with a vendor such as the SunLine Transit Agency to create a City- wide or location-specific microtransit program like the SunRide. The SunRide program is available in specific zones and offers Uber-style rides. Through the program, riders can plan and book trips in an app and be picked up and dropped off at their designated locations. Currently, SunLine charges $3 per ride on SunRide, which includes a free transfer to a SunLine local route. If the City Council is interested in this type of program, staff would discuss the potential in more detail with SunLine or other appropriate vendors. Staff has spoken to SunLine, and they are open to exploring such an option. Staff recommends exploring an Uber-style program to provide flexibility to riders, which can potentially cost less than creating a newly designated route. Request for Proposals Content Staff recommends releasing an RFP for a cart operator to operate along El Paseo daily from 11:00 a.m. to 6:00 p.m. with the option of an expansion of hours as the City desires. In the RFP, bidders should be asked to bid on any or all of the following: Operations cost for two (2) carts and three (3) carts. Operations utilizing the City’s current carts (inclusive of insurance costs but not maintenance). Operations of a full-service fleet inclusive of the vehicle, insurance, and maintenance. Hourly costs for regular and overtime operations. This methodology would allow the City to make a more informed selection of operators based on the type of vehicle operations, cost per vehicle, and cost for expansion of hours. Once bids are received, staff will return to the City Council for approval of the operator agreement. Financial Analysis: $165,000 has been allocated in the proposed 2022/2023 budget for the Courtesy Cart program. Should the City Council decide on moving forward with other options presented in this report an additional appropriation from unobligated General Funds may be required. Page 291 of 303 [This page has intentionally been left blank.] Page 292 of 303 STAFF REPORT CITY OF PALM DESERT MEETING DATE:May 26, 2022 PREPARED BY:Anthony Mejia, City Clerk APPROVING AUTHORITY:City Council REQUEST:Request for Feedback and Direction Regarding a Potential Ballot Measure related to City Council Districts Recommendation: Provide direction to staff as appropriate. Background/Analysis: On January 27, 2022, the City Council directed staff to prepare resolutions to submit to the voters a ballot question related to districting. On March 24, 2022, the City Council appointed Councilmembers Kelly and Nestande to an ad hoc subcommittee to work with staff related to developing a ballot question and directed staff to solicit proposals for an educational campaign related to the potential ballot measure. On May 12, 2022, the City Council heard public comment and provided direction to proceed with an advisory ballot measure. On May 17, 2022, the Ad Hoc Subcommittee met with staff to review the ballot question and agreed on modifications to the question in response to public comment to improve clarity and to rephrase the question in the affirmative. Advisory Ballot Measure In consultation with the City Council Subcommittee, it is recommended that the City Council submit to the voters an Advisory Ballot Measure. Pursuant to Elections Code §9603, the City Council may hold, at its discretion, an advisory election for the purpose of allowing voters to voice their opinions on substantive issues. The results of the advisory vote will not be binding on the City Council. Pursuant to Elections Code §13119(c), the ballot question shall be a true and impartial synopsis of the purpose of the proposed measure and shall be in language that is neither argumentative nor likely to create prejudice for or against the measure. The City Attorney’s Office reviewed and approved as to form the proposed ballot question. Advisory Vote Only (Limited to 75 words) YES “In Palm Desert now, District 1 (the area surrounding Civic Center with 20% of the population) selects one Council representative every four years, and District 2 (the other 80% of the city) votes for a total of four Council representatives, selecting two every two years. Should this system be kept rather than dividing District 2 be dividedup into four smaller districts, with all voters selecting a single Council representative from their smaller district?only able to select one of the five Council representatives?” NO Page 293 of 303 May 26, 2022 – Staff Report Advisory Ballot Measure Page 2 of 3 3 5 5 Staff is seeking the City Council’s feedback on the draft ballot question and direction on whether it prefers to proceed with an Advisory Ballot Measure or a regular Ballot Measure. Once determined, staff will return to the City Council with the appropriate resolutions calling the election for both City Council seats and the ballot measure. Methods for Submitting Arguments Pursuant to Elections Code §9282, when a measure is placed on the ballot by the legislative body (in this case the City Council) it may authorize itself or any subset to be signatories to the argument for or against any city measure. The designated Councilmembers should prepare the arguments on their personal time and submit them directly to the Elections Official (City Clerk) without further action or involvement by the City as public resources cannot be used for political activity. If the City Council chooses not to authorize itself to submit an argument and more than one argument for or against the measure is submitted, the City Clerk shall select one of the arguments in favor and one argument against the measure based on the following preference and priority: 1. Bona fide association of citizens; 2. Individual voter(s) eligible to vote on the measure; or “Bona fide” is not defined in the Elections Code, nor has the Secretary of State’s Office assigned a definition to this term. However, Elections Code Section 9287(b) provides the following guidelines to the City Clerk in determining whether an author qualifies as a “bona fide association of citizens”: An Election Official should consider the following documents submitted by the organization or association when determining the selection of arguments: Its articles of incorporation, articles of association, partnership documents, bylaws, or other similar documents. Letterhead containing the name of the organization and its principal officers. If the organization or association is a primarily formed committee established to support or oppose the measure. If an argument is submitted by more than one bona fide association, the authors will be invited to witness a random drawing by the Elections Official to determine which argument will be published. Staff is seeking City Council feedback on whether it desires to authorize itself or any subset to author the argument for and/or against the ballot measure. It is not necessary to make this determination now if additional time is needed. Timeline Below are the major deadlines related to submitting a ballot measure for the November 2022 Election: July 14: Last regular meeting to call an election for ballot measures. August 12: Last day to call the election for ballot measures. August 22: Deadline to submit arguments for or against the measure. September 1: Deadline to submit rebuttal arguments for or against the measure. November 8: Election Day Page 294 of 303 May 26, 2022 – Staff Report Advisory Ballot Measure Page 3 of 3 3 5 5 Financial Impact: The estimated cost of placing the ballot measure on the November 2022 General Municipal Election is $25,000 to $35,000. Funds have been requested as part of the 2022/2023 Financial Plan. In addition, the agreement with Tripepi Smith and Associates for Voter Education is in an amount not to exceed $35,000. Attachments: None. Page 295 of 303 [This page has intentionally been left blank.] Page 296 of 303 STAFF REPORT CITY OF PALM DESERT MEETING DATE:May 26, 2022 PREPARED BY:Ryan Gayler, Project Manager APPROVING AUTHORITY:City Council REQUEST:Adopt a resolution establishing the Ironwood Park Utility Undergrounding District. Recommendation: By Minute Motion, 1. Conduct a Public Hearing and adopt Resolution 2022-____ establishing the Ironwood Park Utility Underground District; and, 2. Authorize the City Manager to execute all documents necessary to effectuate the establishment of the subject district. 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: At the April 14, 2022 City Council meeting, the City Council authorized staff to pursue the use of Rule 20A credits to underground the overhead utilities at the Ironwood Park. Southern California Edison has confirmed that the Ironwood Park project is eligible for Rule 20A credits and provided a cost estimate of $500,000 for the project. The City has a balance of $790,972 Rule 20A credits. Staff recommends the formation of the Ironwood Park Utility Undergrounding District which runs along the frontage of the park on Chia Drive for a distance of approximately 725 lineal feet. Placing utilities underground is in the interest of the general public because Ironwood Park is a public recreation area used regularly by the general public. The Public Utilities Commission requires that the City adopt a resolution establishing the Ironwood Park Utility Undergrounding District to utilize Rule 20A credits. The notice of the public hearing pertaining to the creation of the UUD was published in accordance with the law. CEQA: Staff recommends that the City Council find that the project is exempt from California Environmental Quality Act (CEQA) per Section 15302 of the CEQA guidelines as the project is a Class 2 Exemption for “Replacement or Reconstruction”. Class 2 is intended for utility undergrounding projects where the ground surface is being restored to its original condition. Additionally, the project is not subject to any of the exceptions for categorical exemptions identified in CEQA Guidelines Section 15300.2. The project is consistent with the City’s General Plan and zoning regulations. The project site has been previously disturbed and has no value as a habitat for endangered, rare, or threatened species. The project does not have a reasonable possibility for significant cumulative impacts upon the environment. Page 297 of 303 May 26, 2022 Staff Report - Establish Ironwood Park Utility Undergrounding District Page 2 of 2 Financial Impact: The City has a Rule 20A allocation in excess of the project cost estimate, therefore there is no fiscal impact associated with this action. Attachments: 1. Resolution 2022-____ 2. CEQA Notice of Exemption Page 298 of 303 RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING THE IRONWOOD PARK UTILITY UNDERGROUNDING DISTRICT WHEREAS, the City Council held a public hearing on May 26, 2022, to consider the formation of the Ironwood Park Utility Undergrounding District along Chia Drive approximately from Somera Road to Bel Air Road, as depicted in Exhibit A attached hereto and incorporated herein; and WHEREAS, the City Council heard and received all evidence presented, and was fully advised on the proposed Ironwood Park Utility Undergrounding District; 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 15302 Replacement or Reconstruction (Class 2) 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert as follows: SECTION 1. The City Council finds that the Ironwood Park Utility Undergrounding District is on and near a recreation area that is extensively used by the general public, and that undergrounding utilities in the Ironwood Park Utility Undergrounding District is in the general public interest. SECTION 2. The City Council orders a conversion of existing overhead utility facilities to underground utility facilities within the Ironwood Park Utility Undergrounding District by the affected utility companies and authorizes the utility companies to discontinue overhead service. SECTION 3. The City Council requests that Southern California Edison fund the conversion of electric facilities within the Underground Utility District through allocated amounts calculated pursuant to the California Public Utilities Commission's Rule 20A, of which the City of Palm Desert has accrued a sufficient amount to complete the project. Page 299 of 303 RESOLUTION NO. 2022- . PASSED, APPROVED AND ADOPTED this 26th day of May, 2022, by the following votes: AYES: NOES: ABSENT: ABSTAIN: _____________________________ JAN C. HARNIK, MAYOR ATTEST: _____________________________ ANTHONY J. MEJIA, MMC CITY CLERK Page 300 of 303 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 Iro nwo o d Park Undergro unding EXHIBIT A RESOLUTION NO. 2022-___ I VICINITY MAP Page 301 of 303 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:City of Palm Desert – Ironwood Park Electrical Undergrounding 2.Project Applicant:City of Palm Desert 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): 47800 Chia Drive, located on the east side of Chia Drive south of the intersection of Haystack Road. 4.(a) Project Location – City: Palm Desert (b)Project Location – County: Riverside 5.Description of nature, purpose, and beneficiaries of Project: A request to underground four existing overhead utility poles located on the western portion of a city park generally known as Ironwood Park. 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: City of Palm Desert. 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: State CEQA Guidelines §15302 – “Class 2 – Replacement or Reconstruction” (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 a request to underground existing overhead electrical utilities where the ground surface is being restored to the existing condition. The Page 302 of 303 Notice of Exemption FORM “B” proposal is consistent with the City’s General Plan and zoning regulations; the project site has been previously disturbed and has no value as a habitat for endangered, rare, or threatened species; the proposed project does not have a reasonable possibility for significant cumulative impacts upon the environment 10.Lead Agency Contact Person:Ryan Gayler, Project Manager Telephone: (760) 776-6393 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: May 26, 2022 Signature:__________________________________ Date:_______________ Title: Project Manager  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 303 of 303