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Agenda packet 2022-07-14 FINAL rev 07-11
REVISED* CITY OF PALM DESERT PALM DESERT CITY COUNCIL (CC), SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY (SA), AND HOUSING AUTHORITY (HA) MEETING (VIRTUAL MEETING) SPECIAL MEETING AGENDA Thursday, July 14, 2022 1:30 p.m. Study Session 2:30 p.m. Closed Session 4:00 p.m. Regular Session Pursuant to Assembly Bill 361, this meeting may be conducted by teleconference, and there will be no in-person access to the meeting location. WATCH THE MEETING LIVE: Watch the City Council meeting live at the City’s website www.cityofpalmdesert.org, under the “Council Agenda” link at the top of the homepage, or on the City’s YouTube Channel. OPTIONS FOR PARTICIPATING IN THIS MEETING: To participate by email, internet, or phone, please see the detailed instructions on the last page of this agenda. * Revised to add Closed Session Items B5, B6 and B7. AGENDA Thursday, July 14, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 2 of 14 CLOSED SESSION: 2:30 P.M. CALL TO ORDER PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY: This time has been set aside for members of the public to address the City Council on items contained only on the Closed Session Agenda within the three-minute time limit. Speakers may utilize one of the three options listed on the last page of this agenda. RECESS TO CLOSED SESSION CLOSED SESSION AGENDA A. Closed Session Meeting Minutes: June 23, 2022 B. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1. Property Description: 72567 Highway 111 (APN 640-370-002 and 640-370-004) Agency: City of Palm Desert City Negotiator: Todd Hileman/Martin Alvarez Negotiating Parties: Artists Council Under Negotiation: Price and Terms 2. Property Description: 0.67 acres of City-owned property located at 73420 Dinah Shore Drive (APN 694-060-010) and 0.28 acres located at 72920 Dinah Shore Drive (APN 685-020-034) Agency: City of Palm Desert City Negotiator: Todd Hileman/Eric Ceja Negotiating Parties: Monterey Crossing, LLC Under Negotiation: Price and Terms 3. Property Description: Desert Willow Lot Pad B, Desert Willow Drive, south of Desert Willow Clubhouse (APN 620-400-008, 023) Agency: City of Palm Desert City Negotiator: Todd Hileman/Martin Alvarez/Eric Ceja Negotiating Parties: Desert Wave Ventures, LLC Under Negotiation: Price and Terms 4. Property Description: Desert Willow Lot Pad B, Desert Willow Drive, south of Desert Willow Clubhouse (APN 620-420-024) Agency: Successor Agency to the Palm Desert Redevelopment Agency City Negotiator: Todd Hileman/Martin Alvarez/Eric Ceja Negotiating Parties: Desert Wave Ventures, LLC Under Negotiation: Price and Terms AGENDA Thursday, July 14, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 3 of 14 5. Property Description: Northeast corner of Frank Sinatra Drive and Portola Avenue – 170- acre site (APNs 694-200-007, 011 012, 022) Agency: Successor Agency to the Palm Desert Redevelopment Agency City Negotiator: Todd Hileman/Martin Alvarez Negotiating Parties: N/A Under Negotiation: Price and Terms 6. Property Description: Dinah Shore and Gerald Ford – 27-acre North Sphere Park Site (APNs 694-120-029, 031) Agency: City of Palm Desert City Negotiator: Todd Hileman/Martin Alvarez Negotiating Parties: N/A Under Negotiation: Price and Terms 7. Property Description: 72-880 Highway 111, Palm Desert (APN 640-120-020) Agency: City of Palm Desert City Negotiator: Todd Hileman/Martin Alvarez/Eric Ceja Negotiating Parties: Seritage SRC Finance Under Negotiation: Price and Terms C. Conference with Legal Counsel regarding Existing Litigation pursuant to Government Code Section 54956.9(d)(1): 1. Monsanto Class Action Settlement related to City of Long Beach et al. v Monsanto Company et al. D. Conference with Legal Counsel regarding Significant Exposure to Litigation pursuant to Government Code Section 54956.9(d)(2): Two (2) matters that, under the existing circumstances, the City Attorney believes create significant exposure to litigation. E. Conference with Labor Negotiators pursuant to Government Code Section 54957.6: City Negotiator(s): Todd Hileman, City Manager or designee Employee Organization: Palm Desert Employee Organization 4:00 P.M. REGULAR MEETING ROLL CALL PLEDGE OF ALLEGIANCE: Mayor Jan C. Harnik INSPIRATION/INVOCATION: Councilmember Karina Quintanilla REPORT OF CLOSED SESSION: City Attorney Hargreaves AGENDA Thursday, July 14, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 4 of 14 AWARDS, PRESENTATIONS, AND APPOINTMENTS: A. Progress to End Homelessness Update by Coachella Valley Rescue Mission B. Mosquito Control Treatment Update by Coachella Valley Mosquito & Vector Control District ....................................................................................................................... Page 15 CITY MANAGER COMMENTS A. North Sphere Park Site Update by Development Services Department .................... Page 25 B. Presentation on Maintenance Activities by Public Works Department ....................... Page 31 MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION NONAGENDA PUBLIC COMMENTS: This time has been set aside for the public to address the City Council on issues that are not on the agenda for up to three minutes. Speakers may utilize one of the three options listed on the last page of the agenda. Because the Brown Act does not allow the City Council to act on items not listed on the agenda, members may briefly respond or refer the matter to staff for a report and recommendation at a future meeting. 1. CONSENT CALENDAR: All matters listed on the Consent Calendar are considered routine and may be approved by one motion. The public may comment on any items on the Consent Agenda within the three-minute time limit. Individual items may be removed by the City Council for a separate discussion. A. AUTHORIZE FINDINGS OF GOVERNORDECLARED STATE OF EMERGENCY (AB361) AND CONTINUE TO EMPLOY REMOTE TELECONFERENCING ........................ PAGE 41 RECOMMENDATION: Make findings that the State of California continues in a Governor- declared state of emergency (AB361) to combat the COVID epidemic, that state and local health officials are recommending social distancing, and consequently that the City Council and its other Brown Act bodies may continue to employ remote teleconferencing under Government Code Section 54953(e). B. APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES ................................................................................................................ PAGE 43 RECOMMENDATION: Approve the Minutes of June 9, 2022. C. APPROVAL OF WARRANTS ................................................................................ PAGE 53 RECOMMENDATION: Approve the warrants issued for the period 6/10/2022 to 7/1/2022. D. APPLICATION FOR AN ALCOHOLIC BEVERAGE LICENSE FOR EL RODEO CAFÉ, 44820 SAN PABLO AVENUE, PALM DESERT ..................................................... PAGE 85 RECOMMENDATION: Receive and file. AGENDA Thursday, July 14, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 5 of 14 E. RECEIVE AND FILE AN INFORMATIONAL ITEM RELATED TO BLOW SAND ISSUES FROM HIGH WIND EVENTS AND AUTHORIZE STAFF TO SOLICIT BIDS FOR WIND FENCING ................................................................................................................ PAGE 89 RECOMMENDATION: 1. Receive and file an informational item related to blow sand issues from high wind events affecting the north sphere of the City of Palm Desert. 2. Authorize staff to solicit bids for wind fencing. F. APPROVE A WAIVER OF FACILITY USE FEES FOR THE USE OF CIVIC CENTER PARK AMPHITHEATER FOR DESERT KIDS FEST ...................................................... PAGE 101 RECOMMENDATION: Approve a fee waiver of facility use fees for the use of the Civic Center Park amphitheater for the Desert Kids Fest event. G. AUTHORIZE THE SUBMITTAL OF AN APPLICATION TO THE GREATER PALM SPRINGS TOURISM FOUNDATION GRANT FOR THE BUMP AND GRIND TRAILHEAD IMPROVEMENT PROJECT ................................................................................. PAGE 111 RECOMMENDATION: 1. Authorize the submittal of an application to the Greater Palm Springs Tourism Foundation Grant for the Bump and Grind Trailhead Improvement Project. 2. Authorize the City Manager or his designee to execute all documents that may be necessary to facilitate the application or award. H. APPROVE CHANGE ORDER NO. 2 TO CONTRACT C41390 FOR GAS AND DIESEL FUEL PURCHASE FROM BECK OIL, INC., IN THE AMOUNT OF $5,000 ......... PAGE 123 RECOMMENDATION: Approve Change Order No. 2 to Contract C41390 for Gas and Diesel Fuel Purchase from Beck Oil, Inc., in the amount of $5,000. I. STREAMLINE THE USE OF VENDORS FOR THE PUBLIC WORKS DEPARTMENT BY GRANTING EXCEPTION TO BIDDING REQUIREMENTS .................................. PAGE 137 RECOMMENDATION: 1. Grant an exception to the purchasing requirements of the Palm Desert Municipal Code, as provided for in Section 3.30.160 (K). 2. Approve the Original Equipment Manufacturer (OEM) Vendor List, Public Works Professional Services List, Public Works Various Vendors and Qualified Service Providers List, and the Community Services Vendors and Service Providers List. 3. Authorize the City Manager to execute contracts for ongoing services, not to exceed $50,000 for any one vendor on the list, as needed and recommended by staff during Fiscal Year 2022-23. AGENDA Thursday, July 14, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 6 of 14 J. RATIFY CONTRACT WITH COMMERCIAL DOOR COMPANY, INC., FOR EMERGENCY REPLACEMENT OF THREE APPARATUS BAY DOORS AT FIRE STATION NO. 33 (PROJECT NO. 76223A1) .................................................................................. PAGE 155 RECOMMENDATION: Ratify contract with Commercial Door Company, Inc., for the emergency replacement of three apparatus bay doors at Fire Station No. 33 in the amount of $182,700. K. ACCEPT DONATION OF SCULPTURE, DESERT SPIRIT, BY ARTIST JOHN RICHEN, TO BE INCLUDED IN THE CITY’S PERMANENT PUBLIC ART COLLECTION ...... PAGE 163 RECOMMENDATION: 1. Accept donation from Ms. Ruth H. Layton of sculpture, Desert Spirit, by artist John Richen, to be included in the City’s permanent public art collection. 2. Authorize the City Manager to sign Deed of Gift to City of Palm Desert form. 3. Authorize expenditures up to $1,000 for costs associated with installation of the sculpture. Funds are available in Account Number 4364650-4337200. L. APPROVE OUTOFSTATE TRAVEL FOR PUBLIC AFFAIRS MANAGER FOR STRATEGIC MARKETING PLANNING IN AUSTIN, TEXAS ............................... PAGE 171 RECOMMENDATION: Authorize out-of-state travel for the Public Affairs Manager to travel to Austin, Texas, for an in-depth strategic planning session with the City’s creative agency, Idea Peddler. M. ACCEPT LETTERS OF RESIGNATION FROM EL PASEO PARKING AND BUSINESS IMPROVEMENT DISTRICT BOARD MEMBERS ELYSSA GOLDBERG AND CHRISTINE STEIN ................................................................................................................... PAGE 173 RECOMMENDATION: Accept letters of resignation from El Paseo Parking and Business Improvement District Board members Elyssa Goldberg and Christine Stein. N. EXTEND BY ONE YEAR THE SPONSORSHIP CONTRACT BETWEEN THE CITY OF PALM DESERT AND PALM SPRINGS LIFE FOR FASHION WEEK EL PASEO AND PALM DESERT FOOD & WINE FESTIVAL FOR FISCAL YEAR 2022/23 ..................... PAGE 179 RECOMMENDATION: 1. Approve a one-year extension of Contract No. C36310 to Palm Springs Life to sponsor the Fashion Week El Paseo and Palm Desert Food & Wine Festival for Fiscal Year 2022/23. 2. Authorize waiving of all City-assessed permit and inspection fees pertaining to the event. 3. Authorize the Mayor to execute the agreement for a total of $300,000 sponsorship on behalf of the City and allow the City Attorney to make non-substantive changes. AGENDA Thursday, July 14, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 7 of 14 O. APPROVE THE CITY OF PALM DESERT NEW YEAR’S EVE CELEBRATION ON EL PASEO ........................................................................................................... PAGE 183 RECOMMENDATION: 1. Approve the City of Palm Desert New Year’s Eve Celebration on El Paseo for Friday, December 30, 2022. 2. Approve road closure on El Paseo between San Pablo Avenue and Larkspur Lane for the 2022 City of Palm Desert New Year’s Eve Celebration on El Paseo. 3. Permit Consumption/Possession of Alcoholic Beverages on Public Property Pursuant to Palm Desert Municipal Code 9.58.040. P. ACCEPT ROUGH GRADING IMPROVEMENTS AND RELEASE THE FAITHFUL PERFORMANCE GRADING BOND FOR TR 375061, UNIVERSITY PARK (TRACT MAP 375061)................................................................................................................ PAGE 185 RECOMMENDATION: 1. Accept Rough Grading improvements for Tract Map 37506-1. 2. Release the Faithful Performance Grading Bond in the amount of $302,357.50. Q. ACCEPT PUBLIC IMPROVEMENTS, RELEASE THE FAITHFUL PERFORMANCE AND THE LABOR AND MATERIALS BONDS, AND ACCEPT A MAINTENANCE BOND FOR TR 375061, UNIVERSITY PARK ......................................................................... PAGE 195 RECOMMENDATION: 1. Accept public improvements. 2. Release the Faithful Performance Bond in the amount of $2,821,992.00 and Labor and Materials Bond in the amount of $2,821,992.00. 3. Accept the Maintenance Bond in the amount of $282,199.20. R. APPROVAL OF AN AMENDMENT TO CONTRACT NO. HA40360 WITH SOUTHWEST PROTECTIVE SERVICES, INC., FOR COURTESY PATROL SERVICES AT THE PALM DESERT HOUSING AUTHORITY PROPERTIES IN A TOTAL AMOUNT NOT TO EXCEED $138,580 (HA) ...................................................................................................... PAGE 217 RECOMMENDATION: 1. Approve an Amendment to Contract No. HA-40360 with Southwest Security Service, Inc., for courtesy patrol services at the Palm Desert Housing Authority properties effective September 1, 2022, for a one-year term in a total annual amount not to exceed $138,580 (includes annual amount not to exceed $128,580 and up to $10,000 for additional services to be requested as needed). 2. Authorize the Chairman and/or the Executive Director to execute the Amendment and any documents necessary to effectuate and implement the actions taken herewith. AGENDA Thursday, July 14, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 8 of 14 S. STREAMLINE THE USE OF NAMED VENDORS OF THE PALM DESERT HOUSING AUTHORITY BY GRANTING AN EXCEPTION TO THE BIDDING REQUIREMENTS AND APPROVING THE AUTHORITY VENDOR LIST (HA) ......................................... PAGE 241 RECOMMENDATION: 1. Grant an exception to the bidding requirements, as provided for by Section 3.30.160(K) of the Palm Desert Municipal Code. 2. Approve the Authority Vendor List pursuant to 3.30.160(K) for the purposes of providing recurring, routine contractual services, including maintenance work, materials, supplies, and equipment effective July 15, 2022, not to exceed $50,000, or as noted on the vendor list, for each named vendor per property (in a 12-month period). T. APPROVE COMMUNITY DEVELOPMENT BLOCK GRANT JOINT RECIPIENT COOPERATIVE AGREEMENT FOR FISCAL YEARS 202324, 202425, AND 202526 ................................................................................................................. PAGE 251 RECOMMENDATION: 1. Authorize participation in the County of Riverside’s Urban County Program for Fiscal Years 2023-24, 2024-25, and 2025-26. 2. Authorize the City Attorney to finalize the Joint Recipient Cooperation Agreement with the County of Riverside. 3. Authorize the City Manager to execute the Joint Recipient Cooperation Agreement with the County of Riverside allowing the City to participate in the Urban County Program and take any other actions necessary to effectuate the action taken herewith. U. CONSIDERATION OF APPOINTMENT OF APPLICANTS TO FINANCE COMMITTEE AND ARCHITECTURAL REVIEW COMMISSION ........................................................ PAGE 261 RECOMMENDATION: Consider the appointment of applicants recently interviewed for the City of Palm Desert’s Finance Committee and Architectural Review Commission. CONSENT ITEMS HELD OVER: Items removed from the Consent Calendar for separate discussion are considered at this time. 2. ACTION CALENDAR: The public may comment on individual Action Items within the three- minute time limit. Speakers may utilize one of the three options listed on the last page of the agenda. A. APPROVE A RESOLUTION REPLACING RESOLUTION NO. 202169, FOR UNREPRESENTED EMPLOYEES, ADOPTING AUTHORIZED CLASSIFICATIONS, ALLOCATED POSITIONS, SALARY SCHEDULE AND SALARY RANGES INCLUDED HEREIN AND ATTACHED AS EXHIBIT “A” FOR THE UNREPRESENTED EMPLOYEES BASED ON THE CLASSIFICATION AND COMPENSATION STUDY ................ PAGE 263 RECOMMENDATION: 1. Adopt a Resolution replacing Resolution No. 2021-69 for the unrepresented employees, and adopting Authorized Classifications, Allocated Positions, Salary Schedule and Salary Ranges included herein and attached as Exhibit “A based on the classification and compensation study. AGENDA Thursday, July 14, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 9 of 14 2. Authorize the City Manager to take actions to implement the new proposed classification and compensation system for unrepresented employee group. B. APPROVAL OF A 3% COST OF LIVING ADJUSTMENT EFFECTIVE JULY 1, 2022, FOR EMPLOYEES IN THE UNREPRESENTED GROUP AND AUTHORIZATION FOR THE CITY MANAGER TO IMPLEMENT THE ACTION ................................................ PAGE 281 RECOMMENDATION: 1. Approve a 3% Cost of Living Adjustment (COLA) effective July 1, 2022, for the unrepresented employees. 2. Authorize the City Manager to take actions to implement the approved COLA for the unrepresented employees. C. CONSIDERATION OF DESERT WILLOW RESIDENT PROGRAM CHANGES .. PAGE 287 RECOMMENDATION: Consideration of changes to the 2022/23 Champions Club League Program and Platinum Club Card Program for Palm Desert residents at Desert Willow Golf Resort. D. APPROVAL OF RESOLUTION AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 20051 (UNIVERSITY PARK) FOR FISCAL YEAR 202223 ...................................................................................................... PAGE 291 RECOMMENDATION: Approve a resolution authorizing the annual levy of a special tax in the City of Palm Desert Community Facilities District No. 2005-1 (University Park) for Fiscal Year 2022-23. E. APPROVAL OF RESOLUTION AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 20211A (UNIVERSITY PARK) FOR FISCAL YEAR 202223 ...................................................................................................... PAGE 297 RECOMMENDATION: Approve a resolution authorizing the annual levy of a special tax in the City of Palm Desert Community Facilities District No. 2021-1A (University Park) for Fiscal Year 2022-23. F. APPROVE CHANGE ORDER NO. 1 TO CONTRACT C42400 WITH TILDENCOIL CONSTRUCTORS, INC. FOR THE DEVELOPMENT SERVICES LOBBY RENOVATIONS IN THE AMOUNT OF $1,168,341 (PROJECT NO. 72720) ................................. PAGE 303 RECOMMENDATION: 1. Approve Change Order No. 1 to Contract C42400 with Tilden-Coil Constructors, Inc., for the Development Services Lobby Renovations in the amount of $1,168,341. 2. Appropriate $1,168,341 in Unobligated General Funds to the Building Maintenance Fund Account No. 4504161-4400100. 3. Authorize the City Manager or designee to review and approve written requests for the use of the contingency for unforeseen conditions up the contingency amount. AGENDA Thursday, July 14, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 10 of 14 G. ADOPT AN ORDINANCE RESCINDING PRIOR ORDINANCES AS LISTED AND ESTABLISHING SPEED ZONES ON FOUR STREET SEGMENTS IN THE CITY OF PALM DESERT (FIRST READING) ................................................................................ PAGE 313 RECOMMENDATION: Waive further reading and pass to second reading an Ordinance rescinding prior ordinances and establishing speed zones on four street segments in the City. H. APPROPRIATE AN ADDITIONAL BUDGET OF $400,000 FOR CONSTRUCTION CONTINGENCY AND DESIGN SERVICES RELATED TO PRESIDENT’S PLAZA EAST AND WEST PARKING LOT IMPROVEMENTS (PROJECT NO. 75814) ............ PAGE 319 RECOMMENDATION: 1. Approve additional contingency funds in the amount of $400,000 to Contract No. C37040A with H&H General Contractors Inc. of Highland, California. 2. Appropriate $400,000 from Unassigned General Fund monies to Account No. 4004692- 4400100. 3. Authorize the City Manager or designee to review and approve written requests for the use of the contingency for unforeseen conditions up to the contingency amount. I. APPROVE THE MANAGEMENT DISTRICT PLAN AND ORDER THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE PRESIDENT’S PLAZA III PROPERTY AND BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2022/2023 ... PAGE 325 RECOMMENDATION: 1. Adopt a Resolution approving the Management District Plan for the President’s Plaza III Property and Business Improvement District for fiscal year 2022/23. 2. Adopt a Resolution ordering the levy and collection of annual assessments within the President’s Plaza III Property and Business Improvement District for fiscal year 2022/23. J. ADOPT A RESOLUTION DECLARING THE CITY OF PALM DESERT OWNED PROPERTY LOCATED AT 45656 MOUNTAIN VIEW SURPLUS LAND AND AUTHORIZING STAFF TO RELEASE A NOTICE OF AVAILABILITY FOR THE SALE OF THE PROPERTY .................................................................................................. PAGE 351 RECOMMENDATION: 1. Adopt a Resolution declaring City of Palm Desert property located at 45656 Mountain View, surplus land for purposes of the Surplus Land Act. 2. Authorize staff to release a Notice of Availability for the sale of the property. K. APPROVE A CONTRACT WITH CIRCUIT TRANSIT, INC., IN AN AMOUNT NOT TO EXCEED $200,000 FOR THE OPERATION OF UP TO THREE (3) VENDOROWNED EL PASEO COURTESY CARTS AND APPROPRIATE $41,000 FROM UNASSIGNED GENERAL FUND RESERVES ............................................................................. PAGE 359 RECOMMENDATION: 1. Approve a contract with Circuit Transit, Inc. in an amount not to exceed $200,000 for operation of up to three (3) vendor-owned El Paseo Courtesy Carts, inclusive of regularly scheduled routes, special events, flex hours, insurance, and vehicle maintenance/repairs for the operation of the El Paseo Courtesy Cart Program during Fiscal Year 2022/2023. AGENDA Thursday, July 14, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 11 of 14 2. Appropriate $35,000 from the Unassigned General Fund Reserves for said contract. 3. Authorize the Mayor to execute said contract and allow the City Attorney to make non- substantive changes. 4. Appropriate $6,000 from the Unassigned General Fund Reserves for a one-time cost of branding three (3) El Paseo Courtesy Carts. L. ADOPTION OF A RESOLUTION OF THE BOARD OF THE PALM DESERT HOUSING AUTHORITY (i) AUTHORIZING THE EXECUTION AND DELIVERY OF A CONDITIONAL AGREEMENT BETWEEN THE AUTHORITY AND URBAN HOUSING COMMUNITIES, INC., CONDITIONALLY APPROVING A LOAN IN THE AMOUNT OF $7,235,000 FROM THE AUTHORITY’S HOUSING ASSET FUND TO FUND THE CONSTRUCTION OF 176 AFFORDABLE HOUSING UNITS; (ii) APPROPRIATING FUNDS; AND (iii) TAKING RELATED ACTIONS (HA) .................................................................................... PAGE 411 RECOMMENDATION: Adopt a Resolution, 1. Authorizing the execution and delivery of the Conditional Agreement Regarding the Crossings at Palm Desert between the Authority and Urban Housing Communities, Inc., (“UHC”) in substantially the form attached to the Resolution (“Agreement”), conditionally approving a loan (“Loan”) in the amount of $7,235,000 from the Authority’s Housing Asset Fund for construction of 176 affordable housing units (“Project”). 2. Authorizing the Director of Finance to appropriate $7,235,000 from Unobligated Housing Asset Fund Balance to the appropriate budget line item. 3. Authorizing Authority staff and legal counsel to negotiate and prepare such agreements and documents as described in the Agreement, or which are otherwise required, to effectuate the Resolution and the Authority’s funding commitment for the Project as set forth in the Agreement. 4. Authorizing UHC to submit, an application, including the Agreement, to the California Debt Allocation Committee (“CDLAC”) for an allocation of four percent (4%) tax-exempt bonds (“Tax-Exempt Bonds”), Tax Credit Allocation Committee (“TCAC”) for an allocation of Federal tax credits (“Federal Tax Credits”) and TCAC for an allocation of State tax credits (“State Tax Credits”), and Riverside County Housing Authority for an allocation of project- based vouchers (“Project Based Vouchers”). M. CONSIDERATION OF A REQUEST FROM PALM DESERT AREA CHAMBER OF COMMERCE FOR SPONSORSHIP OF FOUR SIGNATURE EVENTS FOR 2022/2023 FISCAL YEAR IN THE TOTAL AMOUNT OF $38,500, PLUS $15,000 INKIND SERVICES .............................................................................................................................. PAGE 461 RECOMMENDATION: 1. Appropriate an additional $17,500 from Unassigned General Fund Reserves to City Sponsored Events Account Number 1104800-4302601 to accommodate the total funding request from Palm Desert Area Chamber of Commerce. 2. Authorize a maximum of $15,000 for in-kind services (traffic control and public safety) for the Palm Desert Golf Cart Parade. 3. Authorize the City Manager to execute any documents that may be necessary to facilitate the events and sponsorships to effectuate the actions taken herewith. AGENDA Thursday, July 14, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 12 of 14 N. REESTABLISH AND FUND THE “INVEST PALM DESERT” ECONOMIC DEVELOPMENT INCENTIVE PROGRAM ....................................................................................... PAGE 471 RECOMMENDATION: 1. Adopt a Resolution reestablishing and implementing the Invest Palm Desert Economic Development Incentive Program. 2. Re-Allocate $650,000 from Unite Palm Desert (Acct. No. 4254430-4393000) to Invest Palm Desert (Acct. No. 4254430-4387500). 3. PUBLIC HEARINGS: The public may comment on individual Public Hearing Items within the three-minute time limit. The applicant or appellant will be provided up to five minutes to make their presentation. Speakers may utilize one of the three options listed on the last page of this agenda. A. CONSIDERATION OF ACTIONS RELATING TO PRESIDENTS’ PLAZA PROPERTY AND BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 202223 ................ PAGE 489 RECOMMENDATION: 1. Adopt a Resolution declaring the results of the property owner protest ballot proceedings conducted for the proposed Presidents’ Plaza I Property and Business Improvement District assessments commencing in Fiscal Year 2022-23. 2. Adopt a Resolution ordering the renewal of the Presidents’ Plaza I Property and Business Improvement District, approving and adopting the Management District Plan and Engineer’s Report, and authorizing the levy and collection of assessments for Fiscal Year 2022-23. 3. Authorize the Director of Finance to establish a project account for Presidents’ Plaza Capital Improvement Project Reserve, appropriate $74,100 from the General Fund Unobligated Fund Balance and transfer to said account. B. APPROVE OUTSIDE AGENCY FUNDING COMMITTEE RECOMMENDATIONS FOR FY 2022/2023 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND USE OF FUNDING, AND ANNUAL ACTION PLAN FOR FY 20222023 ........................... PAGE 521 RECOMMENDATION: 1. Conduct a public hearing and accept public comment related to the Community Development Block Grant (“CDBG”) Program proposed Annual Action Plan (FY 2022/2023), FY 2022/2023 Funding Award Recommendations and related items. 2. Approve Outside Agency Funding Committee (“Committee”) recommendations for FY 2022/2023 CDBG award of subrecipients, Programs and/or Projects and funding amounts as proposed. 3. Approve the use of the FY 2022/2023 CDBG funding allocation awarded to the City of Palm Desert (“City”) by the U.S. Department of Housing and Urban Development (“HUD”) for the proposed funding of subrecipient’s Programs and/or Projects recommended by the Committee. 4. Approve the City’s FY 2022/2023 CDBG Annual Action Plan (“Annual Plan”). 5. Authorize staff to submit the City’s CDBG Annual Plan to HUD. 6. Authorize the Mayor and/or the City Manager to execute any documents necessary to effectuate the actions taken herewith. AGENDA Thursday, July 14, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 13 of 14 INFORMATION ITEMS None. ADJOURNMENT AGENDA Thursday, July 14, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 14 of 14 THREE OPTIONS FOR PARTICIPATING IN THE MEETING OPTION 1: PARTICIPATE BY EMAIL Send your comments by email to: CouncilMeetingComments@cityofpalmdesert.org. E-mails received prior to 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 at the meeting. OPTION 2: PARTICIPATE LIVE VIA ZOOM 1. Access via 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: PARTICIPATE LIVE VIA TELEPHONE 1. Dial any of the following: (669) 900-9128 or (213) 338-8477 or (669) 219-2599. 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 started. 5. During the meeting, press *9 to add yourself to the queue and wait for the Mayor or City Clerk to announce your name/phone number. Press *6 to unmute your line and limit your comments to three minutes. PUBLIC NOTICES Agenda Related Materials: Pursuant to Government Code §54957.5(b)(2) the designated office for inspection of records in connection with this meeting is the Office of the City Clerk, City Hall, 73-510 Fred Waring Drive, Palm Desert. Staff reports for all agenda items considered in open session, and documents provided to a majority of the legislative bodies are available for public inspection at City Hall and on the City’s website at www.cityofpalmdesert.org by clicking “Council Agenda” at the top of the page. Americans with Disabilities Act: It is the intention of the City of Palm Desert to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the city will attempt to accommodate you in every reasonable manner. Please contact the Office of the City Clerk, (760) 323-8204, at least 48 hours prior to the meeting to inform us of your needs and to determine if accommodation is feasible. AFFIDAVIT 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 and City website www.palmdesert.org no less than 72 hours prior to the meeting. /S/ Níamh M. Ortega Deputy City Clerk Page 15 of 563 Page 16 of 563 Page 17 of 563 Page 18 of 563 Page 19 of 563 Page 20 of 563 Page 21 of 563 Page 22 of 563 Page 23 of 563 [This page has intentionally been left blank.] Page 24 of 563 North Palm Desert Update Page 25 of 563 North Palm Desert Residential Development/Units ▪Approved –3,386 ▪Under Construction -765 ▪Under Review –1,663 ▪Existing –1,890 Total Units: 7,704 Page 26 of 563 170-Acre City-Owned Land University Park Gerald Ford Dr Frank Sinatra Dr Cook StPortola AveCurrent Millennium Specific Plan/University Park Plan Page 27 of 563 A New Regional Park for North Palm Desert Where are we today ▪Feb 2022 – •City Council directed staff to release an RFP for the North Sphere Regional Park •Parks and Recreation Commission to vet outreach and design process •Consultant to develop a public engagement plan to identify park needs ▪March 2022 – •Parks and Recreation Commission appointed 4 members to the Regional Park Subcommittee, concerns with: •Not large enough •Linear parcel configuration & existing drainage easement •Traffic Circulation •Impact to surrounding neighborhoods (field lighting, noise, etc.) ▪May 2022 -City Council requested staff to identify alternate sites for a larger regional park 170-Acre City-Owned Land Gerald Ford Dr Frank Sinatra Dr Cook StPortola AveUniversity Park Page 28 of 563 Town Hall Meeting Resident Concerns Regional 27-acre Park ▪Regional park with lite ball fields would create impacts: ▪Traffic ▪Circulation ▪Sports field lighting ▪Noise ▪Large soccer/baseball tournaments Page 29 of 563 170-Acre City-Owned Land Gerald Ford Dr Frank Sinatra Dr Cook StPortola AveNEXT STEPS August 2022 •Staff Report recommending contract with Park Planning and Design Consultant Late September 2022 •Park Consultant begins community outreach seeking input on park location(s) and needs in North Sphere •City staff and Park Consultant will engage with the Genesis Community, surrounding residents/property owners within the Millennium Specific Plan •Seek input on recommended recreational uses for Millennium park site Early 2023 •All recommendations presented to the Parks and Recreation Subcommittee / Parks and Recreation Commission Questions/Direction? University Park Page 30 of 563 Sand Removal Photos Before and After Page 31 of 563 Dinah Shore between Gerald Ford and Portola Before After Page 32 of 563 A Street Before After Page 33 of 563 Miriam Street Before After Page 34 of 563 Dinah Shore between Miriam and Key Largo Before After Page 35 of 563 Dinah Shore Behind Genesis Development Before After Page 36 of 563 Dinah Shore Behind Genesis Development Before After Page 37 of 563 Dinah Shore Behind Genesis Before After Page 38 of 563 Proposed Fence with Screening Page 39 of 563 [This page has intentionally been left blank.] Page 40 of 563 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 14, 2022 PREPARED BY: Robert Hargreaves, City Attorney REQUEST: MAKE FINDINGS TO SUPPORT THAT THE STATE OF CALIFORNIA CONTINUES IN A GOVERNOR-DECLARED STATE OF EMERGENCY AND THAT THE CITY MAY CONTINUE TO EMPLOY REMOTE TELECONFERENCING RECOMMENDATION: Make findings that the State of California continues in a Governor-declared state of emergency to combat the COVID epidemic, that state and local health officials are recommending social distancing, and consequently that the City Council and its other Brown-Act bodies may continue to employ remote teleconferencing under Government Code Section 54953(e). BACKGROUND/ANALYSIS: AB 361 (Government Code Section 54953(e)) provides that a local agency may employ remote teleconferencing upon a finding by the governing board that certain circumstances exist, among those that there is a Governor-declared emergency and state or local officials are recommending social distancing. The City Council will need to make those findings each month in which it continues to implement remote teleconferencing. The alternative is to revert to the preexisting Brown Act standards for teleconferencing which require that: (1) all teleconferencing locations be identified on the agenda; (2) agendas be posted at all teleconferencing locations; (3) all teleconferencing locations be open to the public; and (4) a majority of the City Council participate from locations within the City. FINANCIAL IMPACT: There is no direct fiscal impact associated with this item. REVIEWED BY: City Attorney: Robert W. Hargreaves, City Attorney City Manager: Todd Hileman, City Manager Page 41 of 563 [This page has intentionally been left blank.] Page 42 of 563 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, June 9, 2022 CLOSED SESSION: 3:00 P.M. CALL TO ORDER The meeting was called to order at 3:00 p.m. with all members of the City Council present. PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY None. RECESS TO CLOSED SESSION Seeing no public comment, the City Council adjourned to Closed Session at 3:01 p.m. CLOSED SESSION AGENDA A. Closed Session Meeting Minutes: May 26, 2022 B. Conference with Legal Counsel regarding Significant Exposure to Litigation pursuant to Government Code Section 54956.9(d)(2): Two (2) matters that, under the existing circumstances, the City Attorney believes create significant exposure to litigation. C. Conference with Labor Negotiators pursuant to Government Code Section 54957.6: City Negotiator(s): L. Todd Hileman, City Manager Employee Organization: Palm Desert Employee Organization Page 43 of 563 DRAFT MINUTES City Council, Successor Agency to the Palm Desert Thursday, June 9, 2022 Redevelopment Agency, and Housing Authority Meeting Page 2 4:00 P.M. REGULAR MEETING 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 PLEDGE OF ALLEGIANCE: Mayor Pro Tem Jonathan INSPIRATION/INVOCATION: Councilmember Kelly REPORT OF CLOSED SESSION: City Attorney Hargreaves reported that direction was given but no reportable action was taken. AWARDS, PRESENTATIONS, AND APPOINTMENTS: A. Proclamation in Recognition of Purple Heart City B. Presentation by LifeStream relative to blood donations and the upcoming Nine Cities Challenge CITY MANAGER COMMENTS Public Affairs Manager Thomas Soule reported on various event taking place in Palm Desert. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION Councilmember Quintanilla reported on her attendance at various meetings. She also requested that staff look at additional opportunities for cooling centers. Mayor Harnik reported her attendance at various events and committee meetings. She also requested that the Economic Development Subcommittee review the options to redesign the Parkview building. Page 44 of 563 DRAFT MINUTES City Council, Successor Agency to the Palm Desert Thursday, June 9, 2022 Redevelopment Agency, and Housing Authority Meeting Page 3 NONAGENDA PUBLIC COMMENTS Mr. Len Tavernetti, Military Order of the Purple Heart representative, spoke on behalf of his organization receiving the Purple Heart City proclamation and thanked the City Council for their support and recognition. Mr. Stephen Nelson, Palm Desert resident voiced his support for the planned regional park near the Millennium development, and voiced concerns about community engagement, density and income requirements for the Vitalia project. 1. CONSENT CALENDAR: All matters listed on the Consent Calendar are considered routine and may be approved by one motion. The public may comment on any items on the Consent Agenda within the three-minute time limit. Individual items may be removed by the City Council for a separate discussion. A. APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES RECOMMENDATION: Approve the Minutes of May 12, 2022. B. APPROVAL OF WARRANTS RECOMMENDATION: Approve the warrants issued for the period 05/13/2022 to 05/27/2022. C. APPROVAL OF FINDINGS RELATIVE TO AB 361 – REMOTE TELECONFERENCING RECOMMENDATION: Make findings that the State of California continues in a Governor- declared state of emergency to combat the COVID epidemic, that state and local health officials are recommending social distancing, and that the City may continue to employ remote teleconferencing. D. APPLICATIONS FOR AN ALCOHOLIC BEVERAGE LICENSE FOR: 1. RUBERRY SALSA, 73030 EL PASEO SUITE 103 2. TRAVEL TRADERS HOTEL STORES INC, 75 WILLOW RIDGE, SUITE 101 RECOMMENDATION: Receive and file. E. APPROVE AMENDMENT NO. 1 TO CONTRACT NO. C41340 WITH DOKKEN ENGINEERING OF SAN DIEGO, CALIFORNIA, IN THE AMOUNT OF $199,800 FOR BRIDGE MAINTENANCE PROGRAM (PROJECT NO. 75921) RECOMMENDATION: 1. Approve Amendment No. 1 to Contract No. C41340 with Dokken Engineering of San Diego, California in the amount of $199,800. 2. 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. Page 45 of 563 DRAFT MINUTES City Council, Successor Agency to the Palm Desert Thursday, June 9, 2022 Redevelopment Agency, and Housing Authority Meeting Page 4 F. AWARD CONTRACT NO. C43210 TO RECREATION BRANDS SOUTHERN CALIFORNIA FOR THE CIVIC CENTER PARK FITNESS, SHADE & FURNISHINGS IMPROVEMENTS PROJECT, IN THE AMOUNT OF $207,954.25 (PROJECT NO. 71822) RECOMMENDATION: 1. Award Contract No. C43210 to Recreation Brands of Southern California of Escondido, California, in the amount of $207,954.25 for the Civic Center Park Fitness, Shade & Furnishings Improvements Project (Project No. 718-22). 2. Authorize the Director of Finance to set aside a 10% contingency in the amount of $20,795. 3. Authorize the City Manager or his designee to review and execute change orders up to the contingency amount for unanticipated conditions, per Section 3.30.170 Section A of Ordinance No. 1335. 4. Authorize the Mayor to execute the subject agreement. G. RESOLUTION NO. 202247 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 Resolution No. 2022-47 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. H. AWARD CONTRACT NO. C43220 TO FLOCK SAFETY FOR A FIXED LOCATION AUTOMATED LICENSE PLATE RECOGNITION (ALPR) SYSTEM This item was removed for separate consideration under “Consent Items Held Over”. I. SUBMISSION OF A LETTER OF OPPOSITION FOR ASSEMBLY BILL 2011 REGARDING AFFORDABLE HOUSING AND HIGH ROAD JOBS ACT OF 2022 RECOMMENDATION: Approve the submission of a letter of opposition for Assembly Bill 2011 regarding Affordable Housing and High Road Jobs Act of 2022. J. STREAMLINE THE USE OF VENDORS FOR THE DESERT WILLOW GOLF RESORT BY GRANTING AN EXCEPTION TO THE BIDDING REQUIREMENTS AND APPROVE THE OPERATING EXPENSE VENDORS LIST FOR FISCAL YEAR 2022/23. RECOMMENDATION: 1. Grant an exception to the bidding requirements, as provided for by Section 3.30.160(K) of the Municipal Code, not to exceed $50,000 for any one vendor during Fiscal Year (FY) 2022/23. 2. Approve the Desert Willow Golf Resort’s Operating Expense Vendors List. Page 46 of 563 DRAFT MINUTES City Council, Successor Agency to the Palm Desert Thursday, June 9, 2022 Redevelopment Agency, and Housing Authority Meeting Page 5 K. PURCHASE OF GOLF COURSE IRRIGATION SUPPLIES FROM HIGH TECH IRRIGATION, INC., OF INDIO, CALIFORNIA RECOMMENDATION: 1. Grant an exception to the bidding requirements, as provided for by Section 3.30.160(J) of the Municipal Code. 2. Authorize the City Manager or his designee to purchase Rain Bird golf course irrigation supplies from High Tech Irrigation, Inc., of Indio, California, for Fiscal Year 2022/23, in an annual amount not to exceed $80,000. L. APPROVE AN AMENDMENT NO. 1 TO CONTRACT NO. HA38940 WITH GARLAND/DBS, INC., FOR ROOF REPAIRS AND RELATED SERVICES AT THE PALM DESERT HOUSING AUTHORITY PROPERTIES IN A TOTAL ANNUAL AMOUNT NOT TO EXCEED $75,000 (HA) RECOMMENDATION: 1. Approve the Amendment No. 1 to Contract No. HA38940 with Garland/DBS, Inc., for roof repairs and related services (includes costs for roof repairs, permit fees for those repairs that may require one and other repair related costs) at the Palm Desert Housing Authority properties, effective July 1, 2022, for a two- year term under the Omnia Partners Contract No. PW-1925 pursuant to Section 3.30.160 (E) and (L) of the City of Palm Desert Municipal Code in a total annual amount not to exceed $75,000. 2. Confirm participation with the Omnia Partners. 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. M. ADOPT RESOLUTION HA106 AMENDING AND RESTATING THE BYLAWS FOR THE PALM DESERT HOUSING COMMISSION (HA) RECOMMENDATION: Waive further reading and adopt Resolution No. HA-106 amending and restating the Bylaws for the Palm Desert Housing Commission (“Bylaws”) which adopts the second Wednesday of the month as a regular meeting date. N. ADOPT RESOLUTION NO. HA107 ESTABLISHING DATES FOR REGULAR MEETINGS OF THE PALM DESERT HOUSING COMMISSION DURING FISCAL YEAR 20222023 (HA) RECOMMENDATION: Waive further reading and adopt Resolution No. HA-107 establishing dates for regular meetings of the Palm Desert Housing Commission during the fiscal year 2022- 2023. Main Motion: Approve the consent calendar, excluding Item 1H, which was removed for separate consideration. Moved by: Quintanilla/Kelly Vote and Action: 5 Yes/0 No. Motion Carried Page 47 of 563 DRAFT MINUTES City Council, Successor Agency to the Palm Desert Thursday, June 9, 2022 Redevelopment Agency, and Housing Authority Meeting Page 6 CONSENT ITEMS HELD OVER: Items removed from the Consent Calendar for separate discussion are considered at this time. H. AWARD CONTRACT NO. C43220 TO FLOCK SAFETY FOR A FIXED LOCATION AUTOMATED LICENSE PLATE RECOGNITION (ALPR) SYSTEM Main Motion: 1. Award contract to Flock Safety, in substantial form, for a fixed location Automated License Plate Recognition (ALPR) system in the amount of $140,050 in the first year and $126,000 each year thereafter, subject to annual budget appropriation. 2. Authorize the City Manager or designee to negotiate, finalize and execute a contract with Flock Safety. Moved by: Nestande/Kelly Vote and Action: 4 Yes/0 No/1 Abstain (Quintanilla). Motion Carried 2. ACTION CALENDAR: A. AWARD CONTRACT NO. C42320 FOR JANITORIAL SERVICES AT CITYOWNED FACILITIES TO MERCHANTS BUILDING MAINTENANCE, LLC., OF POMONA, CALIFORNIA, FOR THE ANNUAL AMOUNT OF $436,743.97 (PROJECT NO. 77123) Main Motion: 1. Award a five-year contract, No. C42320, for Janitorial Service at City- Owned Facilities to Merchants Building Maintenance, LLC., of Pomona, California, for the annual amount of $436,743.97 (Project No. 771-23). 2. Authorize extra services for unforeseen circumstances in the annual amount of $10,000. 3. 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. 4. Authorize the City Manager to execute the subject contract. Moved by: Nestande/Kelly Vote and Action: 5 Yes/0 No. Motion Carried Page 48 of 563 DRAFT MINUTES City Council, Successor Agency to the Palm Desert Thursday, June 9, 2022 Redevelopment Agency, and Housing Authority Meeting Page 7 B. APPROVE AMENDMENT NO. 1 TO CONTRACT NO. C41380 WITH KIMLEYHORN AND ASSOCIATES, INC., OF INDIAN WELLS, CALIFORNIA, IN THE AMOUNT OF $350,000 FOR TRAFFIC OPERATIONS AND CAPACITY IMPROVEMENTS (PROJECT NO. 55320) Mayor Harnik recused herself from this item and left the meeting temporarily. Main Motion: 1. Approve Amendment No. 1 to Contract No. C41380 with Kimley-Horn and Associates, Inc., of Indian Wells, California, for additional traffic engineering and design services in an amount not to exceed $350,000. 2. 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: Nestande/Kelly Vote and Action: 4 Yes/0 No/1 Recuse (Harnik). Motion Carried C. APPROVE AGREEMENT NO. C42210 BETWEEN THE CITY OF PALM DESERT, KEMPER SPORTS MANAGEMENT, LLC., AND THE PALM DESERT RECREATIONAL FACILITIES CORPORATION FOR THE MANAGEMENT, OPERATIONS, AND MAINTENANCE OF THE DESERT WILLOW GOLF RESORT Main Motion: 1. Approve Agreement No. C42210 between the City of Palm Desert, Kemper Sports Management, LLC., (“Kemper”) and the Palm Desert Recreational Facilities Corporation for the management, operations, and maintenance of the Desert Willow Golf Resort, in substantial form. 2. Authorize the Mayor to execute the Agreement and any documents necessary to effectuate and implement the actions taken herewith. Moved by: Jonathan/Kelly Vote and Action: 5 Yes/0 No. Motion Carried D. REQUEST TO EXTEND THE TEMPORARY USE PERMITS FOR DINING DECKS THAT COMPLY WITH THE ADOPTED DINING DECK DESIGN GUIDELINES WITHIN THE CITY OF PALM DESERT THROUGH JUNE 30, 2024 Main Motion: Direct staff to extend the Temporary Use Permits (TUPs) for the outdoor dining decks for an additional two years through June 30, 2024, for those restaurants who comply as of June 30, 2022. Moved by: Quintanilla/Kelly Vote and Action: 5 Yes/0 No. Motion Carried Page 49 of 563 DRAFT MINUTES City Council, Successor Agency to the Palm Desert Thursday, June 9, 2022 Redevelopment Agency, and Housing Authority Meeting Page 8 E. DISPOSITION OF PROPERTIES IDENTIFIED IN THE CITY’S CENTRAL INVENTORY OF THE SURPLUS LAND ACT Mayor Harnik noted she would recuse herself from discussion relative to the property at 45656 Mountain View and asked that a separate action be taken on that property. The item was considered separately. Mr. Stephen Nelson voiced his support for public input on this project and expressed concern relative to the density. Main Motion: Approve staff’s recommendation for a work plan related to the disposition of properties identified in the City’s Central Inventory of the Surplus Land Act, excluding the single-family home located at 45656 Mountain View. Moved by: Kelly/Quintanilla Vote and Action: 5 Yes/0 No. Motion Carried Mayor Harnik recused herself from the discussion relative to the single-family home located at 45656 Mountain View due to her proximity to the property. Main Motion: Approve staff’s recommendation for a work plan related to the disposition of property in the City’s Central Inventory of the Surplus Land Act, identified as the single-family home located at 45656 Mountain View. Moved by: Kelly/Quintanilla Vote and Action: 4 Yes/0 No/1 Recuse (Harnik). Motion Carried F. APPROVE PURCHASE OF 160,000 POUNDS OF GRASS SEED FROM THE LOWEST RESPONSIBLE BIDDER FOR FISCAL YEAR 2022/23 (PROJECT NO. 92123) Main Motion: 1. Authorize the City Manager to approve the purchase of 160,000 pounds of grass seed from the lowest responsible bidder for Fiscal Year 2022/23 (Project No.921-23). 2. Authorize the City Manager to execute the agreement. Moved by: Quintanilla/Nestande Vote and Action: 5 Yes/0 No. Motion Carried Page 50 of 563 DRAFT MINUTES City Council, Successor Agency to the Palm Desert Thursday, June 9, 2022 Redevelopment Agency, and Housing Authority Meeting Page 9 G. APPROVE AGREEMENT NO. C43230 BETWEEN CHILDREN’S DISCOVERY MUSEUM OF THE DESERT AND THE CITY OF PALM DESERT AS IT RELATES TO FUNDING OF THE REOPENING AND REIMAGINATION PLAN Mr. Stephen Nelson, Palm Desert resident, expressed his gratitude for the Children’s Discovery Museum of the Desert and thanked Ms. Burreson for her work at the Museum. Main Motion: 1. Authorize the Mayor to execute Agreement No. C43230 between the Children’s Discovery Museum of the Desert (“CDMOD”) and the City of Palm Desert relative to funding the reopening and reimagination plan of the Museum. 2. Approve $150,000 payment in the 2022/23 fiscal year to fund this agreement. This amount has been included in the revised 2022/23 Financial Plan. Moved by: Jonathan/Quintanilla Vote and Action: 5 Yes/0 No. Motion Carried 3. PUBLIC HEARINGS: A. ADOPT RESOLUTION NO. 202248 REQUESTING THE COUNTY OF RIVERSIDE TO COLLECT THE SOLID WASTE CHARGES FOR INDIVIDUALLY BILLED RESIDENCES ON THE TAX ASSESSOR’S PROPERTY TAX ROLL FOR FISCAL YEAR (FY) 202223 Main Motion: 1. Conduct a majority protest public hearing to receive public comment related to the collection of solid waste charges for individually billed residences for FY 22-23 on the County of Riverside Assessor’s Property Tax Roll, and related items stipulated therein. 2. Waive further reading and adopt Resolution No. 2022-48 requesting the County of Riverside to collect the associated costs for individually billed residences on the Tax Assessor’s Property Tax Roll for FY 22-23 and authorize the City Manager to execute any documents necessary to effectuate the actions take herewith. Moved by: Jonathan/Kelly Vote and Action: 5 Yes/0 No. Motion Carried INFORMATION ITEMS None. Page 51 of 563 DRAFT MINUTES City Council, Successor Agency to the Palm Desert Thursday, June 9, 2022 Redevelopment Agency, and Housing Authority Meeting Page 10 ADJOURNMENT With City Council, Successor Agency, and Housing Authority concurrence, Mayor Harnik adjourned the meeting at 6:05 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 52 of 563 City of Palm Desert Check Register 6/10/2022 -6/10/2022 Bank ID Check Number Check Date Vendor Name Account Number Transaction Desc Invoice Amount Paid WR 55985373 06/10/2022 PERS 1100000 2161100 PERS 05 /20/2022 52122116 53,940.03 WR 55985373 06/10/2022 PERS 1104150 4111500 Rounding 05 /20/2022 52122116 0.57 WR 55985375 06/10/2022 PERS 1100000 2 161100 PERS 05 /20/2022 52122117 32,179 .3 9 WR 57940659 06/10/2022 DEPARTMENT OF THE TREASURY 1100000 2160 100 Federal W/H P/D 06/08 /2022 85370828 44,481.64 WR 57940659 06/10/2022 DEPARTMENT OF THE TREASURY 1100000 2160300 Medicare W/H P/D 06/08/2022 85370828 12 ,935 .70 WR 58340576 06/10/2022 STATE OF CALIFORNlA 1100000 2160200 PIT W/H PD : 06/08 /2022 6399639 18,159.55 WR 58752888 06/10/2022 NATIONWlDE RETIREMENT SOLUTIONS 1100000 2162 100 DEFERRED COMP PAYDAY 06/08/22 3 706400 I 060822 7,423 .38 WR 58752888 06/10/2022 NATIONWlDE RETIREMENT SOLUTIONS 6100000 1029100 DEFERRED COMP PAYDAY 06/08 /22 3 706400 I 060822 7,423.38 WR 58752888 06/10/2022 NATIONWlDE RETIREMENT SOLUTIONS 6100000 2 162100 DEFERRED COMP PAYDAY 06/08 /22 3 706400 I 060822 -7 ,423 .38 WR 59 11301 7 06/10/2022 I CM A RETIREMENT TRUST 6100000 2162300 Deferred Comp PayDay 06/08 /202 759455 -11 ,629.49 WR 59 113017 06/10/2022 I C M A RETIREMENT TRUST 1100000 2162300 Deferred Comp PayDay 06/08 /202 759455 11 ,629.49 WR 59113017 06/10/2022 I CM A RETIREMENT TRUST 6100000 1029300 Deferred Comp PayDay 06/08 /202 759455 11 ,629.49 WR 59113019 06/10/2022 I C M A RETIREMENT TRUST 6100000 1029201 401-A Retire Pay Day: 06/08 /22 759471 8,548 .72 WR 59113019 06/10/2022 I C M A RETIREMENT TRUST 6 100000 216220 1 401-A Retire Pay Day : 06/08/22 759471 -8,548.72 WR 591130 19 06/10/2022 I C MA RETIREMENT TRUST 1100000 216220 1 401 -A Reti re Pay Day: 06/08/22 759471 8,548 .72 WR 59113025 06/10/2022 I C M A RETIREMENT TRUST 1100000 2162600 Retire Hlth Sv-PayDay 06/08/22 759466 3,675 .12 WR 59113025 06/10/2022 IC MA RETIREMENT TRUST 6 100000 1029200 Retire Hlth Sv-PayDay 06/08/22 759466 3,675 .12 WR 59 113025 06 /10/2022 IC MA RETIREMENT TRUST 6100000 2162200 Retire Hlth Sv-PayDay 06/08 /22 759466 -3,675.12 Examined an d Approved Total For Bank ID -WR City Manager 192 ,973.59 City & Housing Report Date 06/10/2022 Pa ge Page 53 of 563 C ity of P a lm D esert Check Register 6/16/2 022 -6/16/2022 Bank ID Check N umber Ch eck Date Ve ndor Name A ccount N umb e r T ran sa ction Des c In voice A mount P aid 00 00004488 06 /16/2022 Am azon Capital Services In c. I 104154 439 1500 !Health COVID 19 Test 171Y -66YD-VCL7 587.68 00 00004489 06/16/2022 BEST BEST & KRIEGER LLP 1104120 4301500 Month ly retainer $23,570/mo. 927936-1 23 ,570 .00 00 00004489 06/16/2022 BEST BEST & KRIEGER LLP 1104 120 4301500 Mon th ly retainer $23,570/mo. 931620 23,570 .00 00 00004489 06/16/2022 BEST BEST & KRIEGER LLP 1104121 4301500 Additional monthly legal servi 927936-2 329.29 00 00004489 06/16/2022 BEST BEST & KRIEGER LLP 1104121 4301500 Additional monthly legal servi 931622 -1 18,095.0 I 00 00004489 06/16/2022 BEST BEST & KRIEGER LLP 1104121 4301500 Additional monthly legal servi 927982-1 15,183 .34 00 00004489 06/16/2022 BEST BEST & KRI EGE R LLP 1104121 4301600 PERSONNEL LGL SVC-1 /22 927930 1,177.20 00 00004489 06/16/2022 BEST BEST & KRIEGER LLP I 104 12 1 4301600 PERSONNEL LGL SVC-3 /22 931621 98 .10 00 00004489 06/16/2022 BEST BEST & KRJEG ER LLP 45 14692 4400 100 CI P/PP LGL SVC-3/22 931622-2 1,552.90 00 00004489 06/16/2022 BEST BEST & KRIEG ER LLP 6 100000 2286000 UPI LGL SVC-1/22 927931 1,072.80 00 00004490 06/16/2022 BURRTEC 6 100000 2282600 INV -06-14-2022 INV-06-14-2022 1,020,274.93 00 00004490 06/16/2022 BURRTEC 6 100000 2282600 INV-06-14-2022 INV-06-14-2022 -50 ,940.54 00 00004490 06/16/2022 BURRTEC 6 100000 2282600 INV-06-I 4-2022 INV-06-14-2022 -23 ,281.41 00 00004490 06/16/2022 BURRTEC 6100000 2282600 INV-06-14-2022 INV-06-14-2022 -80,579.14 00 00004490 06/16/2022 BURRTEC 6100000 2282600 INV-06-14-2022 INV-06-14-2022 -59, 175 .95 00 00004491 06/16/2022 CVAG 6 100000 2282500 MAY 2022 TUMF PDTUMF052022 156,479.00 00 00004492 06/16/2022 COACHELLA VALL EY CONSERVATION 6100000 2280800 MAY 2022 MSHCP PDMS HCP052022 68 ,933 .70 00 00004492 06/16/2022 COACHELLA VALLEY CONSERVATION 6 100000 2280800 LESS I% ADM IN FEE PDMSHCP052022 -689.34 00 00004493 06/16/2022 Coun ty of Riverside Sheriff Department 1104210 4304000 FY 2 l /22 Law Enforcement Servi SH0000041097 516 ,179.67 00 00004494 06/16/2022 FG CREATIVE INC 11044 16 4306101 Advertisement fo r Concerts in 10035 6,040.00 00 00004494 06/16/2022 FG CREATIVE INC 2424549 4309000 Advertising Services-PDACC 11031 1,375 .00 00 00004494 06 /16/2022 FG CREA TIVE INC 27 14491 4321500 Advertising Services-EPPBID 10030 7,450 .00 00 00004494 06/16/2022 FG CREATIVE INC 27 1449 1 4321500 Advertising Services-EPPBID 10037 7,450.00 00 00004494 06/16/2022 FG CREATIVE INC 2714491 4321500 Advertising Services-EPPBID 10036 11,262.50 00 00004495 06/16/2022 GRAN ICUS LLC 11 04470 4309000 PROFESS IONAL SERVICES FOR 150758 3,572.83 00 00004495 06/16/2022 GRAN ICUS LLC 11 04470 4309000 PROFESSIO AL SERVICES FOR 151921 3,572.86 00 00004496 06/16/2022 IDEAPEDDLER LLC I 1044 17 4309000 Monthly Retainer FY 21/22 17 15 4 ,768 94 Report Date 06 /16/2022 Page ~ijtv & Housing Page 54 of 563 C ity of P a lm D esert Check Register 6/16/2022 -6/16/2022 Bank ID Check Number Check Date Vendor Name Account Number Transaction Desc Invoice Amount Paid 00 00004496 06/16/2022 IDEAPED DLER LLC 11 044 17 4309000 Remove void c heck from PO 1715 -9,537.88 00 00004496 06/16/2022 IDEAPEDDLER LLC I 104417 4309000 Remove void ck from PO 1715 9,537.88 00 00004497 06/16/2022 KlMLEY-HORN AND ASSOCIATES I C . 2134250 5000907 CONSULTANT SERVICES FOR THE TR 21452775 42,599 .02 00 00004498 06/16/2022 MARIPOSA LANDSCAPES INC I 104614 4392101 EXTRAS -ENTRADA DEL PASEO 97716 514.14 00 00004499 06/16/2022 RICHARDS WA TSO & GERSHON INC I 104121 4301500 DESERT SURF LGL SVC-3 /22 237218-1 1,67 1.38 00 00004499 06/16/2022 RICHARDS WATSON & GERSHON INC I 104 12 1 4301500 DW LGL SVC-3/22 237218-2 7,330.2 I 00 00004499 06/16/2022 RJCHARDS WATSON & GERSHON INC 11 04 12 1 4301500 MCCALLUM LGL SVC-3 /2 2 2372 I 8-3 5,873.72 00 00004499 06/16/2022 RJCHARDS WATSON & GERSHON INC I 104 12 1 4301500 ADDT'L C ITY LGL SVC-3/22 237218-4 2,674 .21 00 00004499 06/16/2022 RJCHARD S WATSON & GERSHON INC I 104 12 1 4301500 PALM COMM LGL SVC-3/22 237218-5 3, l 75 .63 00 00004499 06/16/2022 RICHARDS WATSON & GERSHON INC 6100000 2286000 UP I LGL SVC-3/22 237218-6 525.29 00 00004499 06/16/2 022 RICHARDS WA TSO & GERSHON INC 8714195 4301500 HA LGL SVC -Through 3/31 /22 237216-l 525.06 00 00004499 06/16/2022 RJCHARDS WA TSO , & GERSHON INC 8734195 4301500 HAF LGL SVC -Through 3/31 /22 237216-2 60.58 00 00004500 06/16/2022 RIVERSIDE COUNTY FIRE DEPT. 2304220 4304500 FY 21/22 Fire Services Coopera 234782 674,686.59 00 00004501 06/16/2022 SANT MADE I 104417 4302600 Design Services fo r BrightSide 2426 1,920.00 00 00004501 06/16/2022 SANT MADE 1104417 4302600 REMOVE VOID FROM PO 2426 -1 ,920.00 00 00004501 06/16/2022 SANT MADE 11044 17 4302600 REMOVE VOID FROM PO 2426 1,920.00 00 00004501 06/16/2022 SANT MADE 1104417 432 1900 Website Hos ting & Maint fy 2 l-2416 700.00 00 0000450 1 06/16/2022 SANT MADE I 104417 4321900 REMOVE VOID FROM PO 2416 -700.00 00 00004501 06/16/2022 SANT MADE I 104417 4321900 REMOVE VOID FROM PO 2416 700 .00 00 00004502 06/16/2022 US BA K l 104110 4312000 CC 5157-MGM Grand/J . Hamik 05 4866914555529350 255 .11 00 00004502 06/16/2022 USBA K 11041 IO 4312000 CC 5157 -MGM Grand/J . Hamik 4866914555529350 255 .11 00 00004502 06/16/2022 US BANK 1104110 4312000 CC 5157-MGM Grand/J . Harnik 0 4866914555529350 -255 .11 00 00004502 06/16/2022 US BANK I 1041 IO 4312500 CC 5157-American Planning/K .Qu 4866914555529350 46.62 00 00004502 06/16/2022 US BAN K I 104 11 0 4312500 CC 5 157 -GCVC/S. Jonathan 48669 14555529350 99.00 00 00004502 06/16/2022 US BANK 11 04110 4312500 CC 5 I 57-Washington Charter/J.H 4866914555529350 88.40 00 00004502 06/16/2022 US BANK 11041 1 1 4211000 CC 5 I 57-Vista Print/A .Mejia 48669 14555529350 373.23 00 00004502 06/16/2022 US BANK 1104130 4312000 CC 2498-Southwest/T.Hileman 5/ 4866914555529350 283.95 Report D ate 06 /16/2022 Page 2 City & Housing Page 55 of 563 Ci ty of Palm D esert Check Register 6/16/2022 -6/16/20 22 Bank ID Check N umber Check Date Vendor N ame A ccount N umb er T ransaction D es c Invoic e A mount Paid 00 000045 02 06/16/20 22 US BAN K 11 04 154 42 19 100 CC 7 168-Blue Co smo 48669 14 55552935 0 54 .5 4 00 00004502 06/1 6/2022 US BAN K 11 04 154 432 1500 CC 7 168-C SM FON . C havez 48669 14 555529350 275 .00 00 00004502 06/1 6/2022 US BANK 11 04 154 4321500 CC 7168-lCMAfK.Levine 48669 14555529350 7 5.00 00 00004502 06/1 6/2022 US BAN K 11 04 190 42 12000 CC 7168-B&H P boto/C.Vo n H elf 48669 14555529350 383 .59 00 00004 502 06/16/2022 US BAN K 1104190 4 336 000 CC 7 168 -MISK 48669 14 555 52935 0 12.0 0 00 00004502 06/16/2022 U S BANK 11 04417 43 09 000 CC 408 1-Mai lchimp/Monthl y News 48669 14 555529350 97.99 00 00004502 06/16/2022 US BAN K 11 04430 4312000 CC 7 I 68-Hil ton/E. Ceja 5/21 48669 145555 29350 189 .35 00 00004502 06/16/2022 US BAN K 11 04430 43 12000 CC 408 1-41mp rint/S.Lo pez 486691 4 555529350 1,203 .35 00 00004502 06/16/2022 US BAN K 1104430 43 12000 CC 7 168 -Ne w York I M . Alva re 486691 4 555529350 253 .97 00 00004502 06/1 6/2022 US BAN K 11 04430 4312000 CC 7 168 -New York / M . A lvare 4866914555529350 -253 .97 00 00004502 06/1 6/2022 US BANK 11 046 1 I 433250 1 CC 408 1 -Riverside Co unty/S.M 486691455 552 9350 1.14 00 00004502 06 /16/2022 US BAN K 11 0461 1 433250 1 CC 4081-Ri ve rside Co unty/S. Mu 4866914555529350 50.00 00 00004503 06/16/2022 U.S. Travel Associa tio n 110441 7 4363000 PIL LAR M EMBERSHIP 14285 800 .00 Total For Bank ID -00 2 ,424 ,473.47 Re port Date 06/16 /2022 Page 3 City & Housing I I Page 56 of 563 City of P alm D esert Check Register 6/17/202 2 - 6/1 7/2 022 Bank ID Check N umb e r Ch eck D ate Ve ndor Nam e A ccount N umb e r T rans action D esc Invoice A mount Paid WR 5020041 6 06/17/2022 DEPARTM EN T OF TH E T REA SU RY 1100000 2 1601 00 Federal W/H P/0 06/10/2022 72 01 528 2 662.63 W R 50200416 06/1 7/2022 DEPARTMENT OF T H E TREASURY 11 00000 2160300 Med ica re W/H P/0 06/10/2022 72015282 437 .08 WR 50264592 06/1 7/2022 I C M A RETIREMENT TRUST 1100000 2162600 Reti re Hlth Sv-PayDay 06/10/22 7 59856 128.28 WR 50264592 06/17 /2022 I C M A RETIREMENT TRUST 6 100000 1029200 Retire Hlth Sv-PayDay 06/10/22 7 59856 12 8 .28 WR 50264592 06/17/2022 I C M A RETIREME T TRUST 6 100000 2 162200 Reti re Hlth Sv-P ay Day 06/10/2 2 759856 -128.28 WR 50669904 06/17/2022 ST A TE OF CALIFORNIA 11 00000 2160200 PIT W/H PD : 06/10/2022 6400223 69.74 W R 52385419 06/17/2022 P E RS I 104150 4111500 Row1d ing 06/03 /2022 100212844 1 0 .57 W R 52385419 06/17/2022 P ER S I 100000 2161 100 PERS 06/03/20 22 1002 128441 53 , I 22.55 W R 5238542 1 06/17/2022 P ERS I 100000 216 11 00 P ERS 06 /03/2022 1002 12 8442 32 ,60 5.4 8 Exam ined and Appro ved . Total For Bank ID -WR 87 ,026.33 Report Da te 06/1 7/202 2 Pag e ':ity & Housing Page 57 of 563 City of Palm De sert Check Register 6/24/2022 -6/24/2022 Bank ID Check Number Check Date Vendor Name Account Number Transaction Desc Invoice Amount Paid 00 0 1530271 06/24/2022 4IMPRINT INC. 1104419 4219000 VISITORS CENTER MARKETING 23115214 1,561.66 00 01530272 06/24 /2022 ACCURATE FIRST AID SERVICES LLC I 104330 4219000 FIRST AID SUPPLI ES -CORPY ARD C-1552 136.51 00 01530272 06/24/2022 ACCURATE FIRST AID SERVIC ES LLC 1104340 4219000 FIRST AID SUPPLIES -CITY HALL C-1544 233 .55 00 01530273 06/24/2022 ADKINS, MICHAEL I 104300 4312000 6/27-30/2022 C PRS Cour.;e 0622MA-REG 675.00 00 01530274 06/24/2022 AIR & HOSE SOURCE INC 1104610 4332001 lake maintenance -CC Park 462523 173 .73 00 01530275 06/24/2022 ALARM MONITORING SERVICES INC 1104340 4331000 ALARM REPAIRS -CITY HALL 2 1274 2,180 .62 00 01530275 06/24/2022 ALARM MONITORING SERVICES INC I 104340 4331000 ALARM REPAIRS - CITY HALL 94541 154 .00 00 01530275 06/24/2022 ALARM MONITORING SERVICES INC I 104340 4331000 ALARM REPAIRS-CITY HALL 95758 I , 182.42 00 01530275 06/24/2022 ALARM MONITORING SERVIC ES INC I 104340 4331000 ALARM REPAIRS -CITY HALL 95841 345.50 00 01530275 06/24/2022 ALARM MONITORING SERVICES INC 1104344 4331000 ALARM REPA IRS -PORTOLA CC 95988 164 .00 00 01530275 06/24 /2022 ALARM MONITORING SERVICES INC 1104 340 4331000 ALARM REPAIRS -CITY HALL 957 82 154 .00 00 01530276 06/24 /2022 ALBERT A. WEBB ASSOCIATES 213 4633 5000204 BIKE LANE STRIPING IMPROVEMENT 221420 2,646 .75 00 01530277 06/24/2022 ALLEY, JEFFREY LYNN 1104211 4306001 COPS Supplies REIMB 6/1 /22 13 6 .57 00 01530278 06/24/2022 AMERICAN FORENSIC NURSES 1104210 43 90400 FY 21 /22 Bl ood draws/DUI drug 76023 306.10 00 01530278 06/24/2022 AMERICA FORE SIC NURSES 1104210 4390400 FY 2 1/22 Blood draws/DUI drug 76067 61.22 00 01530279 06/24/2022 ANTHEM BLUE CROSS EAP 1104154 4309000 EA P Fees 50280733785 166 .50 00 01530280 06/24/2022 ASSUREHIRE INC I 104154 4309000 I9 /Everify 37152 159.00 00 0153028 1 06/24/2022 BANNER BANK 2420000 1025000 Pl 15742 RENT HOLD ESC#2023 6/6/22-4 354 .3 0 00 01530281 06/24/2022 BANNER BANK 2420000 2060000 Pl 15742 RETNT PAYABLE PP#4 RETNT PP#04 354.30 00 01530281 06/24/2022 BANNERBA K 2420000 2060000 Pl 15742 RETNT PAYABLE PP#4 6/6/22-4* -354.30 00 0 15 3028 1 06/24/2022 BANNER BANK 4510000 1025000 Pl 15359 RETNT HOLD IN ESC#l912 6/13/22-12 LI 11 ,125.43 00 01530281 06/24 /2022 BANNER BANK 4510000 1025000 Pl 15359 RETNT HOLD IN ESC#l9l2 6/13 /22-12 L4 11 ,976.07 00 01530281 06/24/2022 BANN ER BANK 4510000 2060000 Pl 15359 RETNT PAYABLE PP #l2 RETNT PP#l2 LI I 1,125.43 00 01530281 06/24/2022 BANNER BANK 4510000 2060000 Pl 15359 RETNT PAYABLE PP#l2 6/13 /22-12* LI -11 ,125.43 00 0153028 1 06/24/2022 BANNER BANK 4510000 2060000 Pl 1535 9 RETNT PAYABLE PP#l2 RETNT PP# 12 L4 11 ,976 .07 00 01530281 06/24 /2022 BANN ER BANK 4510000 2060000 Pl 15359 RETNT PAYABLE PP#l2 6/13/22-12* L4 -11 ,976 .07 00 015302 82 06/24/2022 BARBARA SINATRA CHILDREN'S 1104210 4304200 Child abuse exam JUN E 1,2 022 231.00 Report Date 06/24/2022 Page City & Housing Page 58 of 563 City of P a lm D esert Check Register 6/24/2022 -6/24/2022 Bank ID Chec k Numb er Ch eck Date Vendor Na me A ccount N umber Transaction D es c In voice A mount Paid 00 01530283 06/24/2022 BECKO1LINC 11043 31 4217000 APPROVED CONTRACT CHANGE ORDER 505705 7,083.85 00 01530284 06/24/2022 BELSON OUTDOORS, LLC 2384515 4400100 BB-FT EPX BIKE SHAPED RACK WQ 308226 1,221.60 00 01530285 06/24 /2022 BIO TOX LABORATORIES 1104210 4390400 FY 21 /22 Blood and urine analy 42291 2,384 .00 00 01530285 06/24/2022 BIO TOX LABORATORIES 1104210 4390400 FY 21/22 Blood and urine analy 42798 319 .00 00 01530285 06/24/2022 BIO TOX LABORATORI ES 1104210 4390400 FY 2 l /22 Blood and urine a naly 42799 771.00 00 01530286 06/24/2022 BLYTHE, BARBARA 1104419 4219000 Visitors Center Supplies 23115164 213.83 00 01530286 06/24/2022 BLYTHE, BARBARA 1104416 4306201 Coffee for Presidents Plaza 671297 40 .00 00 0 1530287 06/24/2022 BMW MOTORCYCLE OF RIVERSIDE I 104210 4334000 FY 21/22 Maintenance and repai 6030391 958.30 00 01530288 06/24 /2022 BURRTEC 2364 195 4309000 OPERATING COSTS FOR THE HOUSEH 43022 4,538.44 00 01530289 06/24/2022 CAC E O 1100000 1430100 AVERT course 7/19-L.Ritchey 200021556 65 .00 00 015302 89 06/24/2 022 CAC E O 1100000 1430100 AVERT course7/19 D. Hurtado 200021570 65 .00 00 01530289 06/24/2022 CACEO I 100000 1430100 AVERT course 7/19-J .Centeno 200021571 65 .00 00 01530289 06/24/2022 CACEO 1100000 1430100 AVERT course 7/19 D.Mora 200021572 65 .00 00 01530289 06/24/2022 CACEO 1100000 1430100 A VERT course 7/19 M.Morris 200021582 65 .00 00 01530290 06/24/2022 CALIFORNIA COMMERCIAL POOLS INC 2420000 2060000 RETNT Pl 15742/C42850 LINE! RETNTPP#04 -354.30 00 01530290 06/24/2022 CALIFORNIA COMMERCIAL POOLS INC 2424549 4331101 PALM DESERT AQUA TIC CENTER POO PP#04 7,086.00 00 01530291 06/24/2022 CANNONE, RICHARD 1104130 4112100 MOVING EXPENSES-MAYFLOWER M0470-05112-2 5,000.00 00 01530292 06/24/2022 CASH, PETTY 1104154 4305600 Live scan 031522 -JV 52 .00 00 01530292 06/24/2022 CASH, PETTY I 104 154 4305600 Live scan 032822-AA 42 .00 00 01530292 06/24/2022 CASH, PETTY I 104300 42 11000 office su pplies 051122-EG 7.74 00 01530292 06/24 /2022 CASH , PETTY 1104300 4219000 water electrolytes 051322-EG 31.24 00 01530292 06/24/2022 CASH, PETTY 11 04300 4309000 SEQA filing fees P612-22 053122-RG 51.14 00 01530292 06/24/2022 CASH , PETTY 1104300 4312500 04/05/22 Parks&Rec Refreshment 040522-SM 25.15 00 01530292 06/24/2022 CASH,PETTY 1104300 4312500 04/07/22 APWA Mtg 040722-AR 30 .00 00 01530292 06/24 /2022 CASH, PETTY 1104300 4312500 05 /03 /22 Parks&Rec Refre shment 050322-SM 27 .50 00 01530292 06/24 /2022 CASH , PETTY I 104300 4312500 05 /10/22 Water for Tour 050922-MA 12 .19 00 01530292 06/24/2022 CASH, PETTY 1104300 4312500 Waters for Traffic Mtg 051022-MA 24.38 Re port Date 06/24 /2022 Page 2 City & Housing Page 59 of 563 City of Palm Desert Check Register 6/24/2022 -6/24/2022 Bank ID Check Number Check Date Vendor Name Account Number Transaction Desc Invoice Amount Paid 00 0 1530292 06/24 /2022 CASH , PETTY 11 04300 4312500 05/09 /22 APW A Mtg 050922-CG 83 .34 00 01530292 06/24/2022 CASH, PETTY 1104300 4312500 05 /25 /22 O&M Mtg Refreshments 052522-BG 48.72 00 01530292 06/24/2022 CASH, PETTY I l04300 4312500 06/06/22 APW A Mtg 060622-CG 27.00 00 01530292 06/24/2022 CASH.PETTY l !04300 4312500 06/07 /22 Parks&Rec Refreshment 060722-SM 19.79 00 01530292 06/24 /2022 CASH.PETTY I 104300 4361000 National PW Posters 040722-RB 55 .50 00 01530292 06/24 /2022 CASH, PETTY 1104331 4334000 toll fees 042522-DR 7.00 00 01530292 06/24/2022 CASH, PETTY I !04331 4334000 toll fees 051322-ML 21.00 00 01530292 06/24 /2022 CASH, PETTY 1104610 4219000 phone case 051622-BC 44.16 00 0 1530292 06/24 /2022 CASH, PETTY 2304220 4331000 dishwasher parts 040322-CG 13.53 00 01530293 06/24/2022 CHAVEZ, VERONICA 1104150 4311500 6/4-6/8 GFOA CONF V .CHA VEZ REIMB-MIL 6/22 14 .04 00 01530293 06/24/2022 CHAVEZ, VERONICA 1104150 4312000 6/4-6/8 GFOA CONF V.CHA VEZ REIMB-HOTEL 6/22 1,138 .52 00 01530293 06/24/2022 CHAVEZ, VERONICA 1104150 4312000 6/4-6 /8 GFOA CONF V.CHA VEZ REIM-PERDIEM6 /22 288.00 00 0 1530293 06/24/2022 CHAVEZ, VERONICA 1104150 4312000 6/4-6/8 GFOA CONF V.CHA VEZ REIMB-T AXI6/22 96.92 00 01530293 06/24 /2022 CHAVEZ, VERONICA 1104150 4312000 5/17 WESTMINISTER MEETING REIMB-PARK 6/22 40.00 00 01530294 06/24/2022 CHUCK.BRAD 1104300 4391500 Safety Footwear Reimb -BC BOOTREIMB-BC0622 152 .24 00 01530295 06/24/2022 COACHELLA VALLEY WATER DIST. 1104340 4351000 4491 I Cabrillo Avenue 712257390932MY22 127 .86 00 01530295 06/24/2022 COACHELLA VALL EY WATER DIST. I 104340 4351000 (A) 1057 City Hall 315187847714MY22 253.57 00 01530295 06/24/2022 COACHELLA VALLEY WATER DIST. 1104344 4351000 (B) 1057 Portola CC 31518784 7714MY22 387.46 00 01530295 06/24/2022 COACHELLA VALLEY WATER DIST. I 104610 4351000 248 RAC WELL RMT BY LAKE 332429853 I 74MY22 2,8 93 .98 00 01530295 06/24/2022 COACHELLA VALLEY WATER DIST. 1104610 4351000 1093 CIVIC CENTER PARK 3 I 5245847772MY22 7,748 .03 00 0 1530295 06/24 /2022 COACHELLA VALLEY WATER DIST. 1104611 4351000 1054 CITY PARKS 315 181847708MY22 2,720 .57 00 01530295 06/24 /2022 COACHELLA VALLEY WATER DIST. 1104614 4351000 1055 ST MEDIANS "5" 315183847710MY22 5,939.88 00 01530295 06/24/2022 COACHELLA VALLEY WATER DIST. 1104614 4351000 I 0528 Entrada /Eric Johnson 3 l 72878498 I 4MY22 1,308.23 00 01530295 06/24/2022 COACHELLA VALLEY WATER DIST. 2424549 4351000 1141 AQUATIC CENTER 512541849896MY22 1,200 .58 00 01530295 06/24/2022 COACHELLA VALLEY WATER DIST. 27643 74 4351000 10560 HAYSTACK 330551849952MY22 1,855.57 00 01530295 06/24/2022 COACHELLA VALLEY WATER DIST. 2764374 4351000 10561 HAYSTACK 330559849954MY22 3,268 .21 00 01530295 06/24/2022 COACHELLA VALLEY WATER DIST. 2774373 4351000 (3) I 056 Presidents Plaza 315185847712MY22 59.57 Report Date 06 /24/2 022 Page 3 y & Housing 'I"" M -~ Page 60 of 563 City of Palm Desert Check Register 6/24/2022 - 6/24/2022 Bank ID Check Number Check Date Vendor Na me Account N umber T ransaction Desc Invoice Amount Paid 00 01530295 06/24/2022 COACHELLA VALLEY WATER DIST . 2774373 4351000 (5) I 056 Presidents Plaza 3 l 5185847712MY22 60.74. 00 01530295 06/24/2022 COACHELLA VALLEY WATER DIST. 2784374 4351000 (I) I 056 Vineyards 315185847712MY22 50.53 00 01530295 06/24/2022 COACHELLA VALLEY WATER DIST. 2784374 4351000 (7) I 056 Vineyards 315185847712MY22 102 .01 00 01530295 06/24/2022 COACHELLA VALLEY WATER DIST. 28 14374 4351000 (4) 1056 The Grove 315185847712MY22 339.84 00 01530295 06/24/2022 COACHELLA VALLEY WATER DIST. 2824373 4351000 (2) I 056 Presidents Pl aza 3 315185847712MY22 266 .83 00 01530295 06/24/2022 COACHELLA VALLEY WATER DIST. 2824373 4351000 (8) 1056 Presidents Pl aza 3 315185847712MY22 85 .63 00 01530295 06/24 /2022 COACHELLA VALLEY WATER DIST . 2834374 4351000 (6) I 056 Portola Place 31518584 77 l 2MY22 58.46 00 01530295 06/24/2022 COACHELLA VALLEY WATER DIST. 5 104195 4369601 (I} I 161 -73710 FW 652499886934MY22 114.48 00 01530295 06/24 /2022 COACHELLA VALLEY WATER DIST. 5104195 4369601 (3) I 161 -73710 FW FP 652499886934MY22 86.99 00 01530295 06/24 /2022 COACHELLA VALLEY WATER DIST. 5104195 4369602 (2) I 161 -73720 FW 652499886934MY22 73 .8 1 00 01530295 06/24 /2022 COACHELLA VALLEY WATER DIST. 5 104195 4369800 (4) I 161 -72559 Hwy 111 6524998 86934MY 22 61.79 00 01530295 06/24/2022 COACHELLA VALLEY WATER DIST. 5104195 4369800 (5) I 161 -72559 Hwy 111 FP 652499886934MY22 46 .33 00 01530296 06/24/2022 CONSOLIDATED ELECTRICAL DIST. INC . 1104610 4332001 irrigation sup plies -CC Park 5725-1049989 63.17 00 01530296 06/24/2022 CONSOLI DA TED ELECTRICAL DIST. INC . 1104611 4332001 irrigation supplies -LMA 16 5725-1049156 3 .33 00 01530297 06/24/2022 COURTMASTER SPORTS INC 1104 610 4332100 COURT MAINT -CMC CENTER PAR 61938 330.00 00 01530297 06/24/2022 COURTMASTER SPORTS INC 110461 I 4332501 COURT MAINT-PARKS 61938 270.00 00 01530297 06/24/2022 COURTMASTER SPORTS INC 1104611 4332501 EXTRA COURT MAINT -PARKS 61938 90 .00 00 01530298 06/2 4/2022 CPS HR CONSUL TING I 104154 4309000 Class and Compensation Study 0006463 3,060.00 00 01530298 06/24/2022 CPS HR CONSUL TING I 104154 4309000 Class and Compensation Study 0006464 186 .25 00 01530299 06/24/2022 DATA TICKET INC 1104470 4309000 PROF SVC PARKING TI CKET PROC ES 139215 372.66 00 01530300 06/24 /2022 DA VE BANG ASSOC. INC 11046 10 4332100 plan,.,-ound equipment -CC Park CA51447 124 .81 00 01530301 06/24 /2022 DEL RIO ADVISORS LLC 1104159 4309000 MALL PROJECT 00048 300 .00 00 01530301 06/24/2022 D EL RIO ADVISORS LLC 2374511 4309000 EIP BOND CALLS 00047 831 .25 00 01530302 06/24/2022 DEPARTMENT OF CONSERVATION 6100000 2284000 SIMP FEES-I ST QRT 2021 I 0/11/2 I REISSUE 2,597.55 00 01530302 06/24/2022 DEPARTMENT OF CONSERVATION 6100000 2284000 5% ADMIN FEES 10/11 /21 REISSUE -129 .87 00 01530303 06/24/2022 DESERT BUSINESS INTERIORS LLC I 104300 4404000 SUPPLY OFFICE FURNITURE AS NEE 24695 35.20 00 01530303 06/24/2022 DESERT BUSINESS INTERIORS LLC 1104300 4404000 ADDITIONAL FUNDS FOR PURCHASE 24695 5,000.00 Report Date 06/24/2022 Page 4 City & Housing Page 61 of 563 City of Palm D esert Check Register 6/24/2022 -6/24/2022 Bank ID Check Number Check Date Vendor Name Acco unt N umber Transaction Desc Invoice Amo unt Paid 00 01530304 06/24 /2022 DESERT ELECTRIC SUPPLY I !04250 4219000 Ira ffic supplies 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933725 60 .23 00 01530306 06/2 4/2 022 DESERT NAPA AUTO PARTS I 104310 433 2000 Street Maint supplies 937250 71.05 00 01530306 06/24/2022 DESERT NAPA AUTO PARTS I 104310 4332000 Battery Cable 937254 170 .22 00 01530306 06/24/2022 D ESERT NA PA AUTO PARTS I 104310 4332000 Street Maint Supplies 937318 159.39 00 0 1530306 06/24/2022 DESERT NAPA AUTO PARTS I 104331 4334000 Battery fo r message boards 935891 7.53 00 0 1530306 06 /24 /2022 DESERT NAPA AUTO PARTS I 104331 4334000 Tire repair kit 936628 26 .93 00 01530307 06/24 /2022 DESERT PIPE & SUPPLY I 104340 4331000 toilet seat cover -City Hall 16477720 79 .89 00 01530307 06/24/2022 DESERT PIPE & SUPPLY I 104800 4388500 vent filter -Artist Council 16459580 359.78 00 01530308 06/24/2022 DESERT RECYCUNG INC I 104310 4332000 RECYCLING FACILITY FOR DISPOSA 15499 123 .00 00 01530309 06/24/2022 EARTH SYSTEMS CONSULTANTS SW 4004161 4400100 PROVIDE SPECIAL INSEPCTION SER 833726 5,404.50 00 0 1530310 06/24/2022 EINOART INC 4364650 4400100 Reimb 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06/24 /2022 ENTERPRISE FM TRU ST 110433 1 4334000 22MG5W MAINTENANCE FBN4485856 18.14 00 01530312 06/24/2022 ENTERPRISE FM TRUST 11 0433 1 4334000 22MG5R ADDITIONAL MAINTENANCE FBN4485856 5 .67 00 01530312 06/24/2022 ENTERPRISE FM TRUST 11 04331 4334000 22MG5R MAINTENANCE FBN4485856 87.16 00 0 1530312 06/24/2022 ENTERPRISE FM TRUST 11 04331 4334000 22MG42 ADDITIONAL MAINTENANCE FBN4485856 5.67 Report Date 06/2 4/2 022 Page 7 City & Housing Page 64 of 563 City of P a lm D esert Check Register 6/24/2022 -6/24/2022 Bank ID Check N umb e r Check Date V endor N am e A ccount N umb e r T ransaction Desc In voic e A mount Paid 00 0 1530312 06/24/2022 ENTERPRISE FM TRUST 1104331 4334000 22MG42 MAINTENANCE FBN4485856 83.30 00 01530312 06/24/2022 ENTERPRISE FM TRUST 1104331 4334000 22MTQG MAINTENANCE FBN4485856 117.93 00 01530312 06/24 /2022 ENTERPRISE FM TRUST I 104331 4334000 22MG58 ADDITIONAL MAINTE ANCE FBN4485856 5.63 00 01530312 06/24/2022 ENTERPRISE FM TRUST 1104331 4334000 22MG58 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TRUST I 104331 4334000 22V3S3 ADDITIO AL MAINTENANCE FBN4485 856 5 .67 00 01530312 06/24/2022 ENTERPRISE FM TRUST 1104331 4334000 22V3PC MAINTENANCE FBN4485856 26 .31 00 01530312 06/24/2022 ENTERPRISE FM TRUST 1104331 4334000 22V458 ADDITIONAL MAINTENANCE FBN4485856 5.67 00 01530312 06 /24/2022 ENTERPRISE FM TRUST 1104331 4334000 22V3PN MAfNTENANCE FBN4485856 87 .16 00 01530312 06/24/2022 ENTERPRISE FM TRUST I 104331 4334000 22V3PN ADDITIONAL MAINTENANCE FBN4485856 5.67 00 01530312 06/2 4/2022 ENTERPRISE FM TRUST 1104331 4334000 22V3S3 MAINTENANCE FBN4485856 87 .16 00 0 1530312 06/24/2022 ENTERPRISE FM TRUST 1104331 4334000 22V458 MAINTENANCE FBN4485856 87 .16 00 01530312 06/24/2022 ENTERPRISE FM TRUST 1104331 4334000 22V3RD ADDITIONAL MAINTENANCE FBN4485856 5 .67 00 01530312 06/24/2022 ENTERPRISE FM TRUST 1104331 4334000 22V3RD MAINTENANCE FBN4485856 83 .30 00 01530312 06/24 /2022 ENTERPRISE FM TRUST I 104331 4334000 22V3QC ADDITIONAL MAINTENANCE FBN4485856 5 .67 00 0 1530312 06/24/2022 ENTERPRISE FM TRUST 110433 1 4334000 22V3QC MAINTENANCE FBN4485856 87.16 00 01530312 06/24/2022 ENTERPRISE FM TRUST I 104331 4334000 22V3PJ ADDITIONAL MAINTENANCE FBN4485856 5 .67 00 01530312 06/24/2022 ENTERPRISE FM TRUST 1104331 4334000 22 V3PJ MAINTENANCE FBN4485856 87 .16 00 01530312 06/24/2022 ENTERPRISE FM TRUST 1104331 4334000 234LD4 MAINTENANCE FBN4485856 117 .25 R eport Date 06/24/2022 Page 8 City & Housing Page 65 of 563 City of Palm D esert C heck Register 6/24/2022 -6/24/2022 Bank ID Check N umber Check Date Ve ndor Name A ccount N umb e r Transaction Desc In voice A mount Paid 00 01530313 06 /24/2022 ENTERPRISE HOLDINGS INC 2294210 4391400 Additional funds for Sheriff D 29760563 1,104.92 00 01530313 06/24 /2022 ENTERPRISE HOLDINGS INC 2294210 4391400 Additional funds for Sheriff D 29994702 1,102 .21 00 01530313 06/24 /2022 ENTERPRISE HOLDINGS INC 2294210 4391400 Additional funds for Sheriff D 29940493 1,347 .36 00 01530314 06/24 /2022 ESPINOZA, EFREN I 104300 4391500 Safety Footwear Reimb -EE BOOTREIMB-EE0622 200 .00 00 0 1530315 06/24/2022 EXCEL LANDSCAPE INC 11 04610 433200 1 LMA 17 -CIVlC CENTER PARK 103553 16 ,242 .8 2 00 01530315 06/24/2022 EXCEL LANDSCAPE INC 1104610 4332001 EXTRAS -CIVIC CENTER PARK 103714 1,725 .00 00 01530315 06/24/2022 EXCEL LANDSCAPE INC 1104610 4332001 EXTRAS - CIVIC CENTER PARK 103719 278 .90 00 01530315 06/24/2022 EXCEL LANDSCAPE INC 1104610 4337100 LMA 17 -TRI-CITIES SPORTS FIE 103553 7,575.00 00 01530315 06/24 /2022 EXCEL LANDSCAPE INC 1104611 4332001 LMA 17 -MAGNESIA FALLS PARK 103553 1,909 .00 00 01530316 06/24/2022 FAMILY YMCA OF TH E DES ERT 2424549 4309000 AQUATIC CENTER: OTHER EXPENSES 6416 10 ,733.04 00 01530316 06/24/2022 FAMILY YMCA OF TH E DESE RT 2424549 4309300 AQUATIC CENTER: MANAGEMENT FEE 6416 13 ,750 .00 00 01530316 06/24 /2022 FAM ILY YMCA OF TH E DESERT 2424549 4801100 AQUA TIC CENTER: FOOD/MERCHANDI 6416 2,497.41 00 01530316 06/24 /2022 FAMILY YMCA OF THE DESERT 2424549 4802101 AQUA TIC CENTER: CONTRACTED LAB 6416 80,396.63 00 01530317 06/24 /2022 FOSTER GARDNER INC . I 104610 4332001 FERTILlZER-CC PARK 258956 1,129 .32 00 01530317 06/24/2022 FOSTER GARDNER INC . I 10461 I 4332001 FERT!LlZER-PARKS 258813 4 ,415 .96 00 01530318 06/24/2022 FRITTS FORD 5304310 4403000 SUPPLY ONE STENCIL / PAINT TRU F02123 126 ,339.14 00 0 1530319 06/24 /2022 FULTON DISTRIBUTING 1104614 4337001 TRASHCAN LINERS -MEDIANS 569698 825.45 00 01530320 06/24/2022 GALLS LLC 1104211 4306001 COPS Unifom1s 021172439 25 .64 00 01530321 06/24/2022 GAME TIME 1104611 4332501 playground equipment -Mgn Fal PJJ-0185339 102.29 00 01530322 06/24/2022 GREEN DESERT NURSERY 2734682 4332100 infills -Primcrose II LMA 7 94588 350 .94 00 01530322 06/24 /2022 GREEN DESERT NURSERY 2864374 4332100 infi ll s -CC LMA 7 94589 362 .14 00 01530323 06/24 /2022 GRIFFITHS FENCE 6100000 2399100 wooden railing replacement 3575 1,440 .00 00 01530324 06/24/2022 H & H GENERAL CONTRACTORS INC 4510000 2060000 RETENT Pl 15359/C37040A LINE I RETENT PP# I 2 -1 1,125.43 00 01530324 06/24/2022 H & H GENERAL CONTRACTORS INC 45 10000 2060000 RETENT P l 15359/C37040A LINE 4 RETENT PP# 12 -1 1,976.07 00 01530324 06/24/2022 H & H GENERAL CONTRACTORS INC 4514692 4400100 PRESIDENT'S PLAZA EAST AND WES PP#l2 222 ,508 .6 6 00 01530324 06/24 /2022 H & H GENERAL CONTRACTORS INC 4514692 4400100 CHANGE ORDER NO. 3 TO COMPLETE PP #l 2 239,521.44 00 01530325 06 /24/2022 HAMMER PLUMBING AN D PUMPING INC . 1104611 4331000 CAHUILLA HILLS PARK RESTROOM T 22107-1 380.00 Re port D ate 0 6/24/2022 Page 9 City & Housing Page 66 of 563 City of Palm D esert Check Register 6/24/2022 - 6/24/2022 Bank ID Ch eck N umb e r Ch eck Date Vendor N am e A ccount N umb e r T rans action Desc Invoice A mount Paid 00 01530325 06/24/2022 HAMMER PLUMBfNG AND PUMPfNG fNC . 2304220 4331000 plumbing srvcs -Mesa Fire Sta 23288-1 485.00 00 01530325 06/24/2022 HAMMER PLUMBfNG AND PUMPING INC. 2304220 4331000 plumbing srvcs -CC Fire Stati 23631-1 450.00 00 01530326 06/24/2022 HDS WHITE CAP CONSTRUCTION SUPPLY 1104340 4219000 tools -Terry C 50018724576 57 .94 00 01530327 06/24/2022 HILEMAN, TODD 1100000 1150100 ESRI SUMMIT 7/1 0-HOTEL REIM HOTEL ADV-TH7/10 204 .54 00 0 1530327 06/24 /2022 HILEMAN, TODD 1100000 l 150100 ESRI SUMMIT 7/10-MILEAGE REIM MILEAGE ADV 7/10 145.08 00 0 1530327 06/24/2022 HILEMAN, TODD 1100000 1150100 ESRI SUMMIT 7/10-PERDIEM REIM PER DIEM ADV7/10 II 1.00 00 01530328 06/24/2022 HOLT ARCHITECTS INC 4504161 4400100 AMENMENT NO . I FOR DESIGN 22-05-012 2 ,700 .00 00 01530329 06/24/2022 HORIZON LIGHTfNG INC . 2304220 4331000 FY 21/22 -Elect/Light Svcs -285112 481.73 00 01530330 06/24/2022 HORIZON PROFESSIONAL LANDSCAPE 4414195 4332000 DESERT WlLLOW PERIMETER 6315 590.00 00 01530331 06/24/2022 HR GREEN PACIFIC fNC I 104420 43 09000 Senior Building Plan Checker 153380 72 ,771.65 00 01530332 06/24 /2022 IMAG E SOURCE 1104190 4342000 Usage and supplies -New 60 mo 25AR1454545 1,805 .58 00 01530332 06/24/2022 IMAGE SOURCE 1104190 4342000 Usage and supplies -New 60 mo 25AR145552 l 71.04 00 01530333 06/24/2022 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 S/W COR CC WSH 50 l 55642-MY22 58 .05 00 01530333 06/24 /2022 IMPERIAL IRRIGATION DISTRICT I 104250 4351400 S/W COR CC WSH 50 l 55645-MY22 54 .86 00 01530333 06/24/2022 fMPERIAL rRRIGA TION DISTRICT 1104250 4351400 40996 WASH ST TRF SIGNAL 50524526-MY22 73 .32 00 0 1530333 06/24/2022 IMPERIAL rRRIGA TION DISTRICT I 104250 4351400 Dinah Shore Dr/Shopper 50087402-MY22 35 .5 7 00 01530333 06/24/2022 IMPERIAL IRRIGATION DISTRICT 11 04250 4351400 Dinah Shore Dr/Miriam 5008741 l -MY22 33.82 00 01530333 06/24/2022 IMP ERIAL IRRIGATION DISTRICT 1104250 4351400 72800 Dinah Shore Drive 50087423-MY22 60 .95 00 01530333 06/24/2022 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 Dinah Shore Dr/Monterrey 50087432-MY22 73.29 00 01530333 06/24/2022 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 Dinah Shore Dr/Monterey 50087443-MY22 36.43 00 01530333 06/24/2022 IMP ERIAL JRRIGA TION DISTRICT I 104250 4351400 Dinah Shore Dr/M iriam 50087452-MY22 65 .02 00 01530333 06/24/2022 IMPERIAL IRRIGATION DISTRICT 11 04250 4351400 3 7998 Gerald Ford Dr 505 l 4026-MY22 31.92 00 0 1530333 06/24/2022 IMPERIAL IRRIGATION DISTRICT 11 04250 4351400 37996 Gerald Ford Dr Signal LT 505 I 4028-MY22 60.23 00 01 530333 06/24 /2022 IMPERIAL rRRIGA TYON DISTRI CT 11 04250 4351400 75396 Frank S inatra Dr 50540835-MY22 36.72 00 01530333 06/24/2022 IMPERIAL rRRIGA TION DISTRICT 1104250 4351400 75394 Frank Sinatra Dr St Ligh 50540839-MY22 34 .98 00 01530333 06/24/2022 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 75398 Frank Sinatra Dr 50540840-MY22 47 .31 00 0 1530333 06/24/2022 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 33 I 08 Mont Safety Lt 50650535-MY22 77.49 Report Date 06/2 4/2 022 Page IO City & Housing Page 67 of 563 City of Palm D esert Check Register 6/2 4/2022 - 6/24 /2022 Bank ID Check Number Check Date Vendor Na me Account N umber Transaction Desc Invoice Amount Paid 00 01530333 06/24/2022 IMP ERIAL IRRIGATION DISTRICT 1104614 4351400 34249 Monterey Ave 50488446-MY22 21 .06 00 01530334 06/24 /2022 IMP ERIAL SPRINKLER SUPPLY INC 1104614 4219000 irrigation clock brackets 5101671-00 442.47 00 01530334 06/24/2022 IMP ERIAL SPRINKLER SUPPLY INC 1104614 4337001 infills-LMA I 5146063-00 10 .7 0 00 01530335 06/24 /2022 INLAND BOBCAT INC 1104331 4334000 RIM #371 City owned Pl3781 968 .7 6 00 01530335 06/24/2022 INLAND BOBCAT INC 1104331 4334000 RIM #3 70 City Owned Pl 5047 335 .87 00 01530336 06/24/2022 INNOVATIVE PLAYGROUNDS COMPANY IN □ 04611 4332501 SUPPLY PLAYGROUND REPLACEMENT 2680 5,216.34 00 01530336 06/24/2022 JNNOV A TIVE PLAYGROUNDS COMPANY I N □ 04611 4332501 additional freight -ref# P 115 2680-B 43.53 00 01530337 06/24/2022 INT ERNATIO AL CODE COUNCIL 1100000 1430100 ICC-MEMBERSHIP RENEWAL 0427900-22 265 .00 00 01530338 06/24/2022 ISA 1100000 1430100 ISA 2023 Membership Du es -RC 84065-RC2023 120 .00 00 01530339 06/24/2022 JOHN RAMONT 1104154 4305600 Livescan 052622JRSCAN 59.00 00 01530340 06/2 4/2022 JOYANN! JIMENEZ 1104420 4312000 REIMB-INSPECTION TRAINING 1435-6774 595 .00 00 01530340 06/24 /2022 JOVANNI JIMENEZ 1104420 4312000 MILEAGE-JOY ANNI J REIMB 6/4/22 JJ 561.60 00 01530340 06/24/2022 JOV ANNI JIMENEZ 1104420 4312000 PER DIEM MEALS-JOV ANNI J REIMB 6/4/22 JJ 222 .00 00 01530341 06/24 /2022 KOA CORPORATION 2134565 5000903 TRAFFIC ENGINEERING SERVICES F JC12091-2 28,892 .90 00 01530341 06/24/2022 KOA CORPORATION 23 14670 5000202 PRFSNL DESIGN SVC CV LIN P TRS JC02065 -20 4 ,263 .95 00 01530341 06/24/2022 KOA CORPORATION 23 14670 5000202 PRFSNL D ES IGN SVC CV LIN PNTRS JC02065-22 3,282 .16 00 01530341 06/24/2022 KOA CORPORATION 2134327 5000903 AMENDMENT NO. 2 FOR ENGINEERIN JC22036-3 17,641.30 00 01530342 06/24/2022 LC PAVING & SEAUNG INC 2 134341 4400100 CHANGE ORDER NO. I FOR SPECTRU 2l-033-03F 15,997 .35 00 01530342 06/2 4/2022 LC PAVING & SEALING INC 4514341 4400100 BONDS -ALESSANDRO PHASE 11 21-033-03F 621.10 00 01530343 06/24/2022 LEAGUE OF CALIF. CITIES 1104110 4312500 Divis ion Mtg. Hamik 2572 40.00 00 01530344 06/24 /2022 LOCK SHOP INC. 1104310 4332000 Keys fo r Bldgs BB00551732 23 .97 00 01530344 06/24/2022 LOCK SHOP INC. 1104340 4331000 keys and locks replacement -C A134296 613 .15 00 01530344 06/24 /2022 LOCK SHOP I C . 1104610 4331000 keys and locks repairs -CC Pa A134269 265.44 00 01530344 06/24 /2022 LOCK SHOP INC. 1104611 4219000 keys and locks replacement - L BB00551833 131.28 00 01530344 06/24 /2022 LOCK SHOP INC. 110461 1 4332501 keys and locks repairs -Unive Al34288 601.55 00 01530344 06/24/2022 LOCK SHOP J C. 2304220 4331000 keys and locks -Fire Station AA00063248 6 .36 00 01530344 06/24/2022 LOCK SHOP INC . 2304220 4331000 key duplicates -Fire Station BB00551698 7 .76 Report Date 06/24 /2 022 Page 11 City & Housing Page 68 of 563 City of P a lm D esert Ch eck Reg ister 6/24/2022 -6/24/2022 Bank ID Check Number Check Date Vendor Na me A ccount N umb e r T ran saction Desc In voic e A mount Paid 00 01530344 06/24/2022 LOCK SHOP INC. 2424549 4331 101 keys and locks repa irs -PDAC Al33839 149.00 00 01530345 06/24 /2022 LOWE'S HOME CENTERS lNC. 1104300 4211000 spray paint 902218-060622 42 .86 00 01530345 06/24 /2022 LOWE'S HOME CENTERS INC. I 104340 4219000 plangers 902431-060722 32.55 00 01530345 06/24 /2022 LOWE'S HOME CENTERS INC . I 104340 4219000 mo squito spray 902569-060222 61.16 00 01530345 06 /24/2022 LOWE'S HOME CENTERS INC. I 104340 4219000 mosquito control 902692-060322 66.28 00 01530345 06 /24/2022 LOWE'S HOME CENTERS INC. 1104340 4219000 air vent cover 973169-042722 128 .96 00 01530345 06/24/2022 LOWE'S HOME CE TERS INC. 1104340 4331000 paint 902692-060822 39 .70 00 01530345 06/24/2022 LOWE'S HOME CENTERS INC. I 104340 4331000 air filters 902926-060922 58 .25 00 01530345 06/24 /2022 LOWE'S HOME CENTERS INC. I 10461 I 4331000 glass block -credit 973173-042722 -417.59 00 01530345 06/24 /2022 LOWE'S HOME CENTERS INC. 2304220 4404000 equipment supplies -FS 33 979106-060822 817 .88 00 01530345 06/24/2022 LOW E'S HOME CENTERS INC . 4254430 4395000 faucet and icemaker repairs 9013 I 1-060222 28 .61 00 01530345 06 /24/2022 LOWE'S HOME CENTERS INC . 5104195 4369601 microwave 901462-060722 316.30 00 01530345 06 /24/2022 LOWE'S HOME CENTERS INC . 5104 195 4369601 water hose 902693 -060822 128 .89 00 01530345 06/24 /2022 LOWE'S HOME CENTERS INC. 1104310 4332000 Street Maint supplies 902 I 74-060 I 22 104.15 00 01530345 06/24/2022 LOWE'S HOME CE TERS INC. 1104310 4332000 Street Maint supplies 902585-060822 124 .68 00 01530345 06 /24/2022 LOWE'S HOME CENTERS INC . 11 04310 4332000 Street Maint supplies 910654 -060822 22.42 00 01530345 06 /24/2022 LOWE'S HOME CENTERS INC . 1104310 4391502 Graffiti removal supplies 902202-052622 133.66 00 01530346 06/24 /2022 MAGER, VANESSA 1104416 4306201 Pa stries for Presidents Plaza 9863521428 20.98 00 01530346 06/24/2022 MAGER, VANESSA 1104110 4312500 Pastries for Coffee with Mayor 9859518204 41.l4 00 01530347 06 /24/2022 MARIPOSA LANDSCAPES INC 1104614 4337001 LMA I MONTI-IL Y LANDSCAPE MA INTE 97755 40,069.00 00 0 1530348 06/24 /2022 MAUREEN KANE AND ASSOCIATES INC. 1100000 1430100 TIC conference Niamh9/l 3-l 7/22 841 1,500.00 00 01530349 06/24 /2022 MAXWELL SECURITY SERVICES I 104340 4309000 PROVIDE AFTER-HOURS PHYSCIAL 2204181 400 .00 00 01530349 06 /24/2022 MAXWELL SECURITY SERVICES I 104340 4309000 PROVIDE AFTER-HOURS PHYSCIAL 2206181 400 .00 00 0 1530350 06 /24/2022 MCCAIN INC . I 104250 4219000 traffic suppl ies INV0266538 1,785.41 00 01530351 06/24 /2022 MCCOY.DAWN I 104417 4309000 Dawn McCoy Media COPD622 3,000.00 00 01530352 06/24 /2022 MIRACLE RECREATION EQUIPMENT I 104611 4332501 playground equipment 842276 1,178 .65 00 0 1530353 06/24/2022 MUNIC IPAL MANAGEMENT ASSOC OF I 104417 4363000 MMASC Membership VMAGER EX6 /23 4932 90 .00 Report D ate 0 6/24/2022 Page 12 ity & Housing Page 69 of 563 C ity of P a lm Desert Check Register 6/2 4/2022 - 6/24/2022 Bank ID Che ck Number Check Date Vendor Na me A ccount Number Transaction Des c Invoic e A mount Paid 00 0 1530354 06 /24/2022 MUNIMETRIX SYSTEMS CORPORA T !ON 11 04 !90 4336000 lmageSi lo Monthly Fee 2206-11 06 39.99 00 01530355 06/24 /2022 NIELSEN MERKSAMER PARRINELLO GROSS 104121 4301500 Lg! Svc thru 5/31/22 224100 2,644 .50 00 01530356 06/24 /2022 OZZIE'S INTERNATIONAL TIRE & AUTO 1104 33 1 4334000 SUPPLEMENT AL GENERAL FLEET REP 30472 464 .29 00 01530357 06/24/2022 PACIFIC WEST AIR CONDITlONlNG 5104195 4369500 PROVIDE HVAC PREVE TAT!VE 136339 2,183.42 00 01530357 06/24/2022 PACIF IC WEST AIR CONDITIONTNG 5104195 4369500 PROVIDE HV AC PREVE TATIVE 136 836 2,183.42 00 01530357 06/24/2022 PACIFIC WEST ATR CONDITIONING 5104195 4369500 PROVIDE HVAC PREVENT A TTVE 137543 2,183.42 00 01530357 06 /24/2022 PACIFIC WEST AIR COND!T!ONTNG 5104195 4369500 HV AC rep a irs -SSS 137702 507.00 00 01530357 06/24/2022 PACIFIC WEST AIR COND!T!ON!NG 5 104195 4369500 ADD!T!ONAL FUNDS FOR THE !36077 1,113 .00 00 01530357 06/24 /2022 PACIFIC WEST AIR CONDITIONING 5 104195 4369500 ADD!T!ONAL FUNDS FOR THE 136304 7,462 .00 00 01530358 06/24 /2022 PALM DESERT ACE HARDWARE I 104340 4219000 water hoses 236508 188 .53 00 01530358 06/24 /2022 PALM DESERT ACE HARDWARE 4254430 4395000 refrigerator water fi her 236586 53 .86 00 01530359 06/24/2022 PALM DESERT CHAMBER OF COMMERCE 1104110 4312500 May Business Breakfas t 72511 120.00 00 01530359 06/24/2022 PALM DESERT CHAMBER OF COMMERCE I 104430 4312500 Business Brkfst 5/10 -DH 72512 30.00 00 01530359 06/24/2022 PALM DESERT CHAMBER OF COMMERCE I 104430 4312500 Business Brkfst 6/14 -DH 72576 30 .00 00 01530359 06/24 /2022 PALM DESERT CHAMBER OF COMMERCE 1104110 4312500 June Business Breakfast 72515 120 .00 00 0 1530360 06/24/2022 PALMS TO PTNES TOWING 1104210 4304200 Sheriff Towing 34733 100.00 00 01530360 06/24/2022 PALMS TO PINES TOWING I 104210 4304200 Sheriff Towing 34720 100 .00 00 01530361 06 /24/2022 PARKHOUSE TIRE INC . 110433! 4334000 ADD!T!ONAL FUNDING FOR TIRE 2030214040 400 .31 00 01530362 06/24/2022 PATTON DOOR & GATE 2304220 4331000 door repair -FS #33 87112 475.00 00 01530363 06/24/2022 PC! 2134315 4332000 CHANGE ORDER NO . I FOR MODIFIC 1041 IC-03 1,325.00 00 01530364 06/24/2022 POWERFUL PEST MANAGEMENT I 104330 4309000 PEST CONTROL -CORPY ARD 253731 95.00 00 01530364 06/24/2022 POWERFU L PEST MANAGEMENT I 104330 4309000 PEST CONTROL -CORPY ARD 266624 95 .00 00 01530364 06/24 /2022 POWERFUL PEST MANAGEMENT 1104330 4309000 PEST CONTROL -CORPY ARD 266625 45 .00 00 01530364 06/24/2022 POWERFUL PEST MANAGEMENT 1104340 4309000 PEST CONTROL -CITY HALL AND 266627 45.00 00 0 1530364 06/24/2022 POWERFUL PEST MANAGEMENT I 104340 4309000 PEST CONTROL -CITY HALL AND 252111 125 .00 00 01530364 06 /24/2022 POWERFUL PEST MANAG EM ENT I 104340 4309000 PEST CONTROL -CITY HALL AND 266628 125 .00 00 01530364 06/24/2022 POWERFUL PEST MANAG EMENT 1104344 4309000 PEST CONTROL-PORTOLA CC 266626 58.00 Report Date 06/24/2022 Page 13 City & Housing Page 70 of 563 City of P a lm D esert Check Register 6/24/2022 - 6/24 /2022 Bank lD Check N umb e r Check Date Vendor Na me Ac count N umb e r Transaction De sc Invoice A mount Paid 00 01530364 06/24 /2022 POWERFUL PEST MANAGEMENT I !04800 4388500 PEST CONTROL -ARTISTS CENTER 266637 90.00 00 01530364 06/24 /2022 POWERFUL PEST MANAGEMENT 2304220 4331000 PEST CONTROL -FIRE ST A TIONS 266634 80.00 00 01530364 06/24 /2022 POWERFUL PEST MANAGEMENT 2304220 4331000 PEST CONTROL -FlRE ST A TIO NS 266635 65 .00 00 01530364 06/24/2022 POWERFUL PEST MANAGEMENT 2304220 4331000 PEST CONTROL -FIRE STATIO S 266636 65.00 00 01530364 06/24/2022 POWERFUL PEST MA AGEMENT 5104195 4369500 PEST CONTROL-SHERIFF SUBSTAT 266633 80 .00 00 01530364 06/24 /2022 POWERFUL PEST MANAGEMENT 5104195 4369601 PEST CONTROL-PARKVTEW COMPLE 266629 75.00 00 01530364 06/24 /2022 POW ERFUL PEST MANAGEMENT 5104195 4369602 PEST CONTROL -STA TE BLDG 266630 80 .00 00 01530364 06/24/2022 POW ERFUL PEST MANAGEM ENT 5 1041 95 4369800 PEST CONTROL - HEN DERSON BLDG 266745 120 .00 00 01530364 06/24/2022 POWERFUL PEST MANAGEMENT 1104340 4309000 mosquito control 266768 325 .00 00 01530365 06 /24 /2022 PPG ARCHITECTURAL FrNISHES 1104310 4391502 Graffiti removal supplies 972203100173 44.88 00 01530366 06/2 4/2022 PROFORMA SOCAL 1104154 4219000 Business Card s BH49002706A 165 .19 00 01530367 06/24/2022 PROPER SOLUTIO S INC. 1104154 4303600 Temp Employee 1329 8 1,132 .80 00 01530367 06/24 /2022 PROPER SOLUTIONS INC. 1104154 4303600 Temp Employee 13325 1,033 .68 00 01530367 06/24 /2022 PROPER SOLUTIONS INC. l !04154 4303600 Temp Employee 13379 906.24 00 01530367 06/24/2022 PROPER SOLUTIONS INC. 1104154 4303 600 Temp Emp loyee 13352 906.24 00 01530368 06/24/2022 QUADIENT LEASING USA INC 1100000 1430100 Qu adient Lease June 22-Sept 22 N9417605 1,173.36 00 01530369 06/24 /2022 QUINN COMPANY 11 04330 4331000 GENERATOR SRV-CORPORATION YA WOG000 13 I 49 1,8 00.00 00 01530369 06/24 /2022 QUINN COMPANY 1104330 4331000 GENERATOR SRV-C ORPORATION YA WOG000131 50 1,700.00 00 01530369 06/24/2022 Q U INN COMPANY 1104331 4334000 SERVICE AND OR REPA IR FOR WOA3000 1320 2,451.55 00 01530369 06/24 /2022 QUINN COMPANY 23 04220 4331000 GENERA TOR SRV -FIRE STA TIO NS WOG0001314 8 1,150.00 00 01530369 06/24 /2022 QUINN COMPANY 2304220 4331000 GENERATOR SRV -FIRE STATIONS WOG00013151 1,150.00 00 01530370 06/24 /2022 R DEPENDABLE CONSTRUCTION INC 4000000 2060000 RETENT Pl 15723 /C27960E RETENT 3178 -3 ,296 .65 00 01530370 06/24 /2022 R DEPENDABLE CONSTRUCTION INC 4004161 4400100 CONSTRUCTION OF THE CITY COUNC 3178 65,933.07 00 01530371 06/24 /2022 RAMIREZ, ANDY 1104340 4219000 MOSQUITO KILLER LAMPS 121 IAR-REISSUE 135.90 00 0 1530372 06/24 /2022 CHAVEZ, RANDY 1100000 1430100 PAP MEM 22 /23 R. CHAVEZ I 03869-RC22-23 110.00 00 015 30372 06/24/2022 CHAVEZ, RANDY 1100000 1430100 PAPA Zoom Webinars x 7/27-8 /31 0622RC-REG 160 .00 00 01530372 06/24/2022 CHAVEZ, RANDY I 104300 4312000 PAPA Zoom Webinars 6/29/22 0622RC-REG 40.00 Report Date 06/24/2022 Page 14 City & Housing Page 71 of 563 City of P alm D esert Check Register 6/24/2022 -6/24/2022 Bank ID C hec k N umb e r C hec k Date Ve ndor Na me A cco unt N umb e r T ransac tion Des c In voice A mount Paid 00 01530373 06/24/2022 RAS IX COMPUTER CENTER IN C I 104190 4212000 Toner !083335 321.22 00 01530374 06 /24/2022 SIGNARAMA 1104331 4334000 Decals Veh #12 City owned INV-11 2468 312.48 00 01530375 06 /24/2022 SILLMAN WRIGHT ARCHITECTS 4504161 4400100 AMENDMENT NO . l FOR DESIGN OF 19020-0522 1,520 .00 00 01530376 06/24 /2022 SIMPLOT PARTNERS I 104 610 4337100 ferilizer -Ball Fields 208134736 379.30 00 01530376 06/24 /2022 SIMPLOT PARTNERS 110461 I 4391000 irrigation supplies LMA 16 208134880 154.60 00 01530376 06/24/2022 SIMPLOT PARTNERS I 104 614 4337001 irrigation su pplies LMA I 208134706 100 .09 00 01530377 06/24 /2022 SO CAL GAS 1104330 4351200 74605 42nd Ave SHOP 05382896 l 49-JU22 36.39 00 01530377 06/24/2022 SO CAL GAS 1104340 4351200 73510 FW City Hall 20092710001-MY22 36 .04 00 01530378 06/24/2022 SOUTH COAST AIR QUALITY MGMT DIST 2304220 4331000 AQMD Fee July 2021 -June 2022 3996075 143.88 00 01530379 06/24/2022 SOUTHERN CALIFORNIA EDISON 4254430 4395000 iHUB (5 /5 - 6/5) 700423102627-622 1,959.41 00 01530379 06/24/2022 SOUTHERN CALIFOR IA EDISON 1104250 4351400 PD Srv Area 19 LS-1-E 700400365524MY22 3,160 .19 00 01530379 06/24/2022 SOUTHERN CALIFORN IA EDISON I 104250 4351400 Traffic lamps LS-2 70052404 52 71 MY22 291.17 00 01530379 06/24 /2022 SOUTHERN CALIFORNIA EDISON I 104250 4351400 Street lites LS-3 600001510277MY22 3,666 .35 00 01530379 06/24 /2022 SOUTHERN CALIFORNIA ED ISO N l 104250 4351400 TRAFFIC SIGNALS TC-1 60000 I 002544MY22 7,175.82 00 01530379 06/24 /2022 SOUTHERN CALIFORNIA EDISON 1104330 4351400 74705 42nd PED 700117253442JU22 2,634.95 00 01530379 06/24/2022 SOUTHERN CALIFORNIA EDISON 1104340 4351400 43980 1/2 San Pablo Rd 700339281893JU22 3,377.24 00 01530379 06/24/2022 SOUTHERN CALIFORNIA EDISON 1104340 4351400 73510 FW City Hall 7001160086IOJU22 10,815.64 00 01530379 06 /24 /2022 SOUTHERN CALIFOR IA ED ISON I 104344 4351400 45480 Portola CC 7004 l 8878578MY22 1,082.48 00 01530379 06/24/2022 SOUTHERN CALIFORNIA ED ISO N I 104610 4351400 73710 FW Pumpstation 700 I 69234934JU22 6,249.62 00 01530379 06/24/2022 SOUTHERN CALIFORNIA EDISON 1104610 4351400 CC Park -San Pablo 700 l 67703344JU22 4,521.34 00 01530379 06/24/2022 SOUTHERN CALIFORNIA ED ISON I 104614 4351400 Street Power PEDESTALS 700019019320MY22 2,233.90 00 01530379 06/24/2022 SOUTHERN CALIFORNIA ED ISO N 1104614 4351400 43556 1/2 San Pablo 70065407074 1 JU22 95 .70 00 01530379 06/24 /2022 SOUTHERN CALIFORNIA ED ISON 2424549 4351400 73 751 Magnesia Fall s Dr POOL 7000 l 92 l 9986JU22 7,354.59 00 01530379 06/24/2022 SOUTHERN CALIFORNIA EDISON 2754680 4351400 MONTEREY /MEAD. ASSMT 700413950271MY22 4,316.83 00 01530379 06/24/2022 SOUTHERN CALIFORNIA EDISON 5104 195 4351400 73710FWDrSte 116 700339417188JU22 132 .20 00 01530379 06/2 4/2022 SOUTHERN CALIFORNIA ED ISON 5104195 4351400 73720 FW STE 100A 700066496069JU22 1,336.35 00 01530379 06/24/2022 SOUTHERN CALIFORNIA ED ISON 5104195 4351400 73710 & 73720 FW STE 700485l07855JU22 5,305 .92 Report Date 06/24/2022 Page 15 City & Housing Page 72 of 563 C ity o f P a lm D esert Check Register 6/24/2022 -6/24/2022 Bank ID Check N umber Ch eck Date Vendor Name Account N umber Transaction Desc Invoice Amount Paid 00 0 1530380 06/24/2022 SOUTHSTAR ENG INEERING & CONSULTINGi004692 4400 100 AMENDMENT NO. 2 FOR ADD ITI ONAL P DPP-1 7 92,582.02 00 0 1530380 06/24 /2022 SOUTHSTAR ENGINEERING & CONSULTINQ004692 4400100 AMENDMENT NO. 2 FOR ADDITIONAL PDP P-18 85,695.00 00 01530381 06/24 /2022 STAPLES BUSINESS ADVANTAGE I 104430 4211000 Office Supplies -Econ Dev 3509017549 28 .07 00 01530381 06/24/2022 STAPLES BUSI ESS ADVANTAGE I 104430 4211000 Office Supplies -Econ Dev 3509017548 19.78 00 01530381 06/24/2022 STAPLES BUSINESS ADVANTAGE I 104111 4211000 Staples Office Supplies 3493178835 17.23 00 01530381 06/24 /2022 STAPLES BUSINESS AD VANT AGE 1104111 4211000 Staples Office Supplies 3509730636 44.85 00 01530381 06 /24 /2022 STAPLES BUSINESS ADVANTAGE 1104111 4211000 Staples Office Suppli es 3507867374 95.29 00 0 153038 1 06/24 /2022 STAPLES BUS INESS ADVANTAGE 11 04 11 1 4211000 Staples Office Supplies 3507867375 60 .33 00 0 1530381 06/24 /2022 STAPLES BUS INESS ADVANTAGE 1104111 4211000 Staples Office Supplies 3508365956 92 .58 00 0 1530381 06/24 /2022 STAPLES BUSINESS ADVANTAGE 11 04154 4391500 Office Supplies 3508365973 441.76 00 01530381 06/24 /2022 STAPLES BUSINESS ADVANTAGE 1104154 4391500 Office Supplies 3509017636 54 .98 00 01530381 06/24 /2022 STAPLES BUSI ESS ADVANTAGE I 104419 4211000 Mouse Pad 3509760666 12.24 00 01530381 06/24/2022 STAPLES BUSINESS ADV ANT AGE 1104420 4211000 Office Supplies 3508365927 45 .28 00 01530381 06/24/2022 STAPLES BUSINESS AD VANT AGE 1104300 4211000 SUPPLY AS NEEDED VARIO US OFF IC 3509043105 70 .72 00 0 1530381 06/24/2022 STAPLES BUSINESS AD VANT AGE 1104300 4211000 SUPPLY AS NEEDED VARIOUS OFFIC 3509043107 -13 .64 00 0 153038 1 06 /24/2022 STAPLES BUSINESS AD VANT AGE 1104300 42 11000 SUPPLY AS NEEDED VARIO US OFFIC 3509043109 47 .54 00 0153038 1 06/24 /2022 STAPLES BUS INESS ADVANTAGE 1104300 42 11000 SUPPLY AS NEED ED VA RI OUS OFFIC 3509043110 -19.65 00 0 1530381 06/24/2022 STAPLES BUSINESS ADVANTAGE 1104300 4211000 SUPPLY AS NEEDED VARIOUS OFFIC 3509751053 43.09 00 01530382 06/24/2022 SUNSPLASH LLC I 100000 1430100 TSHIRTS FOR 4TH OF JULY 1000586 561.38 00 0 1530383 06/24/2022 T-MOBILE USA INC I 104210 4304200 ShcriffGPS Locate 9483047 534 210.00 00 01530384 06/24/2022 TAG/AMS INC. I 104154 4305600 Random Drug Test 2810790 82 .50 00 01530385 06/24 /2022 TESLA ENERGY O PERA TIO NS INC I 100000 322 1100 REFU D 80% SOLR2 l -0163 SOLR2l-0163 RE 211.20 00 01530385 06/24 /2022 TESLA ENERG Y OPERA TIO NS INC I 100000 3221100 REFUN D 80% SOLR2 1-0 103 SOLR2 1-0103 RE 2 11.20 00 0 153 0 386 06/24/2022 ALTUM G ROUP, THE 2 11 431 I 4332000 PROFESS IONAL SERVICES FO R WHIT 7706 733 .50 00 01530387 06/24/2022 TIME WARNER CABLE 11 04 190 4365000 City Hall Internet 34509305 1622 1,035.00 00 01530388 06/24/2022 TIME WARNER CABLE 11 04190 4365000 Internet Services 36098060122 381.53 00 01530389 06/24/2022 T IME WA RNER CABLE I 104 190 4365000 Corp Yard Internet Services 1093262060722 72.63 Report Date 06/24/2 022 Page 16 Citv & Housing Page 73 of 563 City of P a lm Desert Check Register 6/24/2022 -6/24/2022 Bank ID Check Number Check D ate Vendor Na me Account N umber Transaction Des c Invoice Amount Paid 00 01530390 06/24 /2022 TPX COMMUN ICATIONS 1104190 4365000 INT ERNET/PHONE SERVICE 1 57117795-0 5,171.08 00 01530391 06/24 /2022 TR!P EPI SMITH & ASSOCIATES INC 1104114 4309000 General outreach services for 8143 770 .00 00 01530392 06/24/2022 US BANK I 104159 4363000 ADMIN FEE CITY 11 /21 -1/2 2 13115096-6 875 .00 00 01530392 06/24 /2022 US BANK 1104159 4363000 ADM! FEE CITY 2/22-4 /22 13245304-6 875 .00 00 01530392 06/24 /2022 US BANK 4514195 4363000 ADMIN FEE PA #1 11 /21 -1/22 13 I 15096-1 195 .00 00 01530392 06/24 /2022 US BANK 4514195 4363000 ADMIN FEE PA #2 11 /21 -1/22 13115096-2 135 .00 00 01530392 06/24 /2022 US BANK 4514195 4363000 ADMIN FEE PA #3 11 /21 -1/22 13115096-3 145 .00 00 01530392 06/24/2022 USBANK 4514195 4363000 ADMIN FEE PA #4 11 /21 -1/22 13115096-4 135.00 00 01530392 06/24/2022 US BANK 4514195 4363000 ADMIN FEE PA #I 2/22-4/22 13245304-1 145 .00 00 01530392 06/24/2022 US BANK 4514195 4363000 ADMIN FEE PA #2 2/22-4/22 13245304-2 135 .00 00 01530392 06/24/2022 US BANK 4514195 4363000 ADM! FE E PA #3 2/22-4/22 13245304-3 155 .00 00 01530392 06/24/2022 US BANK 4514195 4363000 ADMIN FEE PA #4 2/22-4/22 13245304-4 135 .00 00 01530392 06/24/2022 US BANK 8734195 4363000 ADMIN FEE HAF 11/21 -1/22 13115096-5 125 .00 00 01530392 06/24 /2022 USBANK 8734195 4363000 ADMIN FEE HAF 2/22-4/22 13245304-5 125 .00 00 01530393 06/24 /2022 VERJZON SELECT SERVICES INC 1104159 4365000 TOLL FREE SERVICE 00131822689-522 2.15 00 01530394 06/24/2022 VERIZON WIRELESS 1104110 4365000 Council Cell Phones 9907200230-J 128.84 00 01530394 06/24/2022 VERIZON WIRELESS 1104110 4365000 Council Mifi 9907568177-2 38 .01 00 01530394 06/24/2022 VERIZON WIRELESS 1104111 4365000 City Clerk Cells 9907200230-3 51.62 00 01530394 06/24 /2022 VERIZON WIRELESS 1104130 4365000 City Manager Cells 9907200230-2 216.48 00 01530394 06/24/2022 VERIZON WIRELESS 1104150 4365000 Finance Cells 9907200230-8 68 .94 00 01530394 06/24/2022 VERIZON WIRELESS 1104150 4365000 Finance Mifi 9907568177-4 38 .01 00 01530394 06/24/2022 VERIZON WIRELESS 1104154 4365000 Human Resources Cells 9907200230-4 118 .91 00 01530394 06/24 /2022 VERIZON WIRELESS 1104190 4365000 ITMifi 9907568177-5 228.06 00 01530394 06/24/2022 VERIZON WIRELESS 1104211 4306001 COPS Cell Phones 9907200230-5 18 7.49 00 01530394 06/24/2022 VERIZON WIRELESS 1104 300 4365000 Public Works Cell Phones 9907200230-6 1,466.71 00 01530394 06/24 /2022 VERIZON WIRELESS 1104300 4365000 Public Works Mifi 9907568177-6 119 .03 00 01530394 06/24 /2022 VERIZON WIRELESS 1104420 4365000 Building Inspector Mifi 9907568177-1 213 .82 Report Date 06/24/2022 Page 17 City & Housing Page 74 of 563 City of Palm D esert Check Register 6/24/2022 - 6/24/2 022 Bank ID Check Number Check Date Vendor Name Account Number Transaction Desc Invoice Amount Paid 00 01 530394 06/24/2022 VER IZON WI RELESS 11 04470 4365000 Developmen t Services Cells 9907200230-7 1,130.18 00 01530394 06/24/2022 VER IZON WIRELESS 11 04470 4365000 CodeMifi 9907568177-3 304 .08 00 01530394 06/24 /2022 VERIZON WIRELESS I 104470 4365000 Dev Services Mifi 9907568177-7 38 .01 00 0 15 30395 06/24 /2022 VERIZON WIRELESS 1104 154 4219100 EOC Phone service 9908228059 124.53 00 01530396 06 /24 /2022 VER IZON WIREL ESS 22942 10 4391400 Sheri ff Dept. Cell Phones 990720023 1 208 .60 00 0 1530397 06/24 /2022 VINTAGE ASSOCIATES 1104611 4332001 EXTRAS-PARKS 224976 329.24 00 01530397 06/24 /2022 VINTAGE ASSOCIATES 1104611 4332001 LMA 16 -PARKS 22476 1 24,321 .00 00 01530397 06/24 /2022 VINTAGE ASSOC IA TES II 04611 4391000 EXTRAS -SP COMMUNITY GARDENS 224925 691.72 00 01530397 06/24/2022 VINTAGE ASSOC IATES 1104611 4391000 EXTRAS -SP COMMUNITY GARDENS 224923 1,311.95 00 01530397 06/24/2 022 VINTAGE ASSOCIATES I 10461 I 4391000 EXTRAS -SP COMMUNITY GARDENS 224924 900 .00 00 01530397 06/24 /2 022 VINTAGE ASSOCIATES 110461 I 4391000 LMA 16 -SP COMMUN ITY GARDENS 224761 779 .00 00 01530397 06/24 /2022 VINTAGE ASSOCIATES 2764374 4332000 LMA 16 -HAYSTACK DRAINAGE CHA 224761 3,400.00 00 01530398 06/24 /2022 WATERLINE TECHNOLOGIES INC 2424549 4211100 AQUA TIC CENTER: 5581869 485.74 00 01530398 06/24/2022 WATERLINE TECHNOLOGIES I C 2424549 4211100 AQUA TIC CENTER: 5582280 2,306 .12 00 0 1530398 06/24/2022 WATERLINE TECHNOLOGrES INC 2424549 4211100 AQUA TIC CENTER: 5582281 464 .62 00 01530398 06/24/2022 WATERLINE TECHNOLOGIES INC 2424 549 4211100 AQUATIC CENTER: 5583109 1,140 .43 00 01530398 06/24 /2022 WATERLINE TECHNOLOGIES INC 2424549 4211100 AQUA TIC CENTER: 5583 II I 1,561.67 00 01530398 06/24 /2022 WAT ERLINE TECHNOLOG IES INC 2424549 4211100 AQUA T IC CENTER: 5583870 1,436 .09 00 0 1530398 06/24 /2022 WATERLINE TECHNOLOGIES I 'C 2424549 4211 100 AQUA T IC CENTER: 5584071 1,013 .7 1 00 01530399 06/24/2 022 WAXIE 5 1041 95 4369500 janitorial s upplies -SB 1383 80936 161 420 .90 00 01530399 06/24/2022 WAXIE 5104195 4369500 janit oria l s uppli es 8093616 1 12 .20 00 01530400 06/24 /2022 WEX HEAL TH INC 1104154 4309000 Cobra Month ly 0001538159-lN 85.45 00 01530401 06/24 /2022 WINGED SOLUTIONS INC 4304674 4400100 CIVI C CENTER PARK LAGOON WA TEF WS053022PD 861.00 00 01530402 06/24/2022 XEROX FINANCIAL SERVICES I 104190 4342000 Xerox 60 mo . Copier Lease 3232 879 802 .7 1 00 01530403 06/24/2022 XPRESS GRAPHICS 1104416 4306201 Ribbon Cutti ng Poster 22-47789 182.33 00 01530403 06/24/2022 XPRESS GRAPHICS 11 04 110 4312500 Coffee With the Mayor Signs 22-47558 131.88 00 01530404 06 /24/2022 ZUMAR IN DUSTRI ES INC . 1104154 4309501 Employee Service Award Street 96135 2,341.98 Rep ort Date 06 /24/2022 Page 18 City & Housing Page 75 of 563 Bank ID Check N umb e r Ch eck Date Ve ndor N ame Report Date 06 /24/2022 C ity of Palm D esert Check Register 6/24/2022 - 6/24/2022 Account N umb e r Transaction Desc Invoic e Page 19 City & Housing Amount Paid Total For Ba nk ID -00 1,575,098 .37 Page 76 of 563 Bank ID Check Number Check Date Vendor Name 10 IO 10 00001543 00001544 00001545 06/24 /2022 06/24/2022 06/24/2022 Report Date 06/24/2022 BEST BEST & KRIEGER LLP IS PALM DESERT LP WILLDAN FINANCIAL SER VICES City of Palm De sert Check Register 6/24/2022 - 6/24/2022 Account Number Transaction Desc 7034640 4400 100 OW LGL SVC-5/22 7034121 4374000 Sewer rent payment pursuant to 7034 195 4309000 ARB ITRAGE REBATE-2017 H-A/A Invoice 937217 J UN2022 010-5 1528 Amount Paid 1,144 .50 11 ,639.40 1,750 .00 Total For Bank JD -10 14,533.90 Page 20 Successor Agency Page 77 of 563 City of P alm Desert Check Register 6/24/2022 -6/24/2022 B ank ID Check N umb e r Chec k Date Ve ndor Na me A ccount N umber T ran saction Des c In voice A mount Paid WR 50971883 06 /24/2022 DEPARTMENT OF THE TREASURY 1100000 2160100 Federal W/H P/0 06/22/2022 3059 1759 43,9 10.90 WR 50971883 06/24/2022 DEPARTMENT OF THE TREASURY 1100000 2160300 Medicare W/H P/0 06/22/2022 30591759 12,852.44 WR 51075955 06/24/2022 STATE OF CALIFORNIA I 100000 2160200 PIT W/H PD : 06 /22/2022 6427734 17 ,768.32 WR 51554133 06/24/2022 NATIONWIDE RETIREMENT SOLUTIONS 1100000 2162100 DEFERRED COMP PAYDAY 06/22 /22 3 706400 I 062222 7,423.38 WR 51554133 06/24/2022 NATIONWIDE RETIREMENT SOLUTIONS 6100000 1029100 DEFERRED COMP PAYDAY 06/22/22 37064001 062222 7,423.38 WR 51554133 06 /24/2022 NATIONWIDE RETTREMENT SOLUTIONS 6100000 2162100 DEFERRED COMP PAYDAY 06/22 /22 3 706400 I 062222 -7 ,423.38 WR 51921697 06/24/2022 I C M A RETIREMENT TRUST 1100000 2162300 Deferred Comp PayDay 06 /22 /202 767786 11,523.83 WR 51921697 06/24/2022 I C M A RETIREMENT TRUST 6100000 1029300 Deferred Comp PayDay 06/22/202 767786 11,523.83 WR 51921697 06/24/2022 I C M A RETIREMENT TRUST 6100000 2162300 Deferred Comp PayDay 06/22/202 767786 -11 ,523 .83 WR 5 1921703 06/24/2022 I C M A RETIREMENT TRUST 6100000 1029201 401-A Retire PayDay: 06/22 /22 767867 8,979.23 WR 51921703 06/24 /2022 I C M A RETIREMENT TRUST 6100000 2162201 401-A Retire PayDay: 06/22/22 767867 -8,979.23 WR 51921703 06/24 /2022 I C M A RETIREMENT TRUST 1100000 2162201 40 I-A Retire Pay Day: 06/22/22 767867 8,979.23 WR 51921707 06/24 /2022 I C M A RETIREMENT TRUST 1100000 2162600 Retire Hlth Sv-PayDay 06/22/22 767825 3,784.44 WR 51921707 06/24 /2022 I C M A RETIREMENT TRUST 6100000 1029200 Retire Hlth Sv-PayDay 06/22 /22 767825 3,784.44 WR 5 1921707 06/24/2022 I C M A RETIREMENT TRUST 6100000 2162200 Retire Hlth Sv-PayDay 06/22/22 767825 -3,784.44 WR 55986157 06 /24/2022 PUBLIC EMPLOYEES' RETIREMENT 11 00000 2160800 Health Premium Emp 06-2022 100000016807858 179,740.33 WR 55986157 06 /24/2022 PUBLIC EMPLOYEES' RETIREMENT 11 00000 2160800 Health Premium CC 06-2022 100000016807858 1,731.05 WR 55986157 06/24 /2022 PUBLIC EMPLOYEES' RETIREMENT 11041 11 4112100 EMP ADJ I 06 /2022 100000016807858 1,763 .24 WR 55986157 06/24 /2022 PUBLIC EMPLOYEES' RETIREMENT I 104 111 4112100 EMP ADJ 6 06 /2023 100000016807858 7.18 WR 55986157 06/24 /2022 PUBLIC EMPLOYEES' RETIREMENT 1104 150 41 l2100 Health Rounding 06-2022 100000016807858 0.68 WR 5598615 7 06/24/2022 PUBLIC EMPLOYEES' RETIREMENT 11 04 159 4112100 EMP ADJ 4 06 /2022 100000016807858 2,250 .37 WR 55986157 06 /24/2022 PUBLIC EMPLOYEES' RETIREMENT 1104310 4ll2100 EMP ADJ 5 06/2022 !00000016807858 1,731.05 WR 55986157 06/24/2022 PUBLIC EMPLOYEES' RETIREMENT 1104470 4112100 EMP ADJ 2 06/2022 100000016807858 781.82 WR 5598615 7 06/24/2022 PUBLIC EMPLOYEES' RETIREMENT 1104470 4112 100 EMP ADJ 3 06/2022 100000016807858 1,73 1.05 WR 55986157 06/24 /2022 PUBLIC EMPLOYEES' RETIREMENT 5764192 41 19000 Healt h Premium Retiree 06-2022 100000016807858 14 ,076.74 Rep ort Date 0 6/2 4/2 022 Page City & Housing Page 78 of 563 Bank ID Check Number Check Date Vendor Name Examined and Approved Report Date 06 /24/2022 City of Palm Desert Check Register 6/24/2022 - 6/24/2022 Account Number Transaction Desc Invoice ----- City & Housing Page 2 Amount Paid Total For Bank ID -WR 310,056.05 Page 79 of 563 C ity of P alm D esert C heck R eg is ter 6/30/2022 - 6/30/2022 Bank ID Ch eck N umb er Ch eck Date Ve ndor N am e A ccount N umb e r Transaction Desc Invoice A mount Pai d WR 53849450 06/30/2022 PERS 11 00000 2161100 PERS 06/17 /2022 1002136423 54 ,241.71 WR 53849450 06/30/2022 PERS 11 04150 4111500 Rounding 06/17 /2022 1002136423 0.55 WR 53849452 06/30/2022 PERS 1100000 2161100 PERS 06/17/2 022 1002136424 32,654.02 WR 53850106 06/30/2022 PERS 1100000 2161100 PERS 06 /30/2022 1002136282 1,7 09.40 WR 53850108 06/30/2022 PERS 1104150 4111500 Rounding 06/30/2022 1002136283 0 .00 WR 53850108 06/30/2022 PERS I 100000 2161100 PERS 06 /30 /2022 1002 136283 448.73 WR 55601235 06/30/2022 PERS l 104150 411 1500 Rounding correction to 3% COLA 100000016821734 1.3 I WR 55601235 06/30/2022 PERS I 104150 4111500 Late reporting penalty 100000016821734 200.00 WR 55601235 06/30/2022 PERS 1100000 2161100 Rounding correction to 3% COLA 100000016821734 -1.31 WR 56737631 06/30 /2022 DEPARTMENT OF THE TREASURY 1100000 2160100 Federal W/H P/D 06 /22 /2022 63202525 185.90 WR 56737631 06 /30 /2022 D EPARTMENT OF THE TREASURY 1100000 2160300 Medicare W/H P/D 06/22/2022 63202525 52.32 WR 57716614 06/30/2022 I C MA RETIREMENT TRUST 1100000 2162201 401-A Retire Pay Day: 06/24/22 770932 42 .68 WR 57716614 06/30/2022 I C MA RETIREMENT TRUST 6100000 1029201 40 1-A Retire PayDay: 06/24/22 770932 42 .68 WR 57716614 06/30/2022 1 C M A RETIREMENT TRUST 6 100000 2162201 401-A Retire Pay Day: 06/24/22 77 0932 -42.68 WR 57716616 06/30/2022 I C M A RETIREMENT TRUST 6 100000 2162200 Retire Hlth Sv-PayDay 06/24/22 770923 -2 1.34 WR 57716616 06/30/2022 I C M A RETIREMENT TRUST 1100000 2162600 Retire Hlth Sv-PayDay 06/24/22 770923 21.3 4 WR 57716616 06/30/2022 I CM A RETIREMENT TRUST 6 100000 1029200 Retire Hlth Sv-PayDay 06/24 /22 770923 21.34 Tota l For Bank ID -WR 89,556 .65 Re port Date 06/3 0/2022 Page City & Housing Page 80 of 563 C ity of Pa lm D esert Check Register 7/1/2022 - 7/1/2022 B ank ID Ch eck N umb e r Ch eck Date Ve ndor Na me A ccount N umb e r T ransa ction D es c Invoic e A mount Paid 00 00004520 07 /01/2022 ALLEN , FRANK 5764192 4119000 RETIREE HEAL TH STIPEND July-22 7/1 /2022 174.70 00 0000452 1 07 /01 /2 022 ARZAGA, MARJA 5764192 4119000 RETIREE HEAL TH STIPEND July-22 7/1 /2022 130.50 00 00004522 07 /01 /2022 AV ERY ,ANN 5764192 4119000 RETIREE HEAL TH STIPEND July-22 7/1 /2022 399 .67 00 00004523 07/01/2022 BASSLER, THOMAS 5764192 4119000 RETIREE HEALTH STIPEND July-22 7/1/2022 461.16 00 00004524 07/01 /2022 BISHOP, ROBERT 5764192 4119000 RETIREE HEALTH STIPEND July-22 7/1 /2022 430.42 00 00004525 07/01 /2022 BO CHEN 5764192 4119000 RETIREE HEAL TH STIPEND July-22 7/1 /2022 389.91 00 00004526 07 /01 /2022 BRADLEY ,DEBRA 5764192 4119000 RETIREE HEALTH STIPEND July-22 7/1 /2022 1,183.30 00 00004527 07 /01 /2022 BROWN, MICHAEL 5764192 4119000 RETIREE HEALTH STIPEND July-22 7/1 /2022 535 .78 00 00004528 07 /01/2022 CECHIN , TERRY 5764192 41 I 9000 RETIREE HEALTH STIPEND July-22 7/1/2022 548 .15 00 00004529 07 /0 1/2022 C EHR, DAVID 5764192 4119000 RETIREE HEALTH STIPEND July-22 7/1 /2022 461.16 00 00004530 07 /0 1/2022 CICCHINI , SUZANN E 5764192 4119000 RETIREE HEAL TH STIPEND July-22 7/1/2022 822 .23 00 00004531 07 /01 /2022 CONLON, PATRJCK C. 5764192 4119000 RETIREE HEALTH STIPEND July-22 7/1/2022 461.16 00 00004532 07 /01 /2022 CRAWFORD, DANNY 5764 192 4119000 RETIREE HEALTH STIPEND July-22 7/1 /2022 1,362.24 00 00004533 07 /01/2022 CRJTES, BUFORD 5764192 4119000 RETIREE HEAL TH STIPEND July-22 7/1 /2022 174 .70 00 00004534 07 /01/2022 CROY,HOMER 5764192 4119000 RETIREE HEAL TH STIPEND July-22 7/1/2022 307.44 00 00004535 07 /01 /2022 DARLING, GLORIA 5764192 4119000 RETIREE HEALTH STIPEND July-22 7/1/2022 174.70 00 00004536 07/01 /2022 HOLLINGER, DIANE 5764192 4119000 RETIREE HEAL TH STIPEND July-22 7/1 /2022 822 .23 00 000045 37 07 /0 1/2 022 DIERCKS, MARK 5764192 4119000 RETIREE HEALTH STIP END July-22 7/1/2022 115 .15 00 00004538 07 /0 1/2022 DOYLE.KARE 5764192 4119000 RETIREE HEAL TH STIPEND July-22 7/1 /2022 513 .23 00 00004539 07 /01/2022 DRELL, PHILIP D. 5764192 4119000 RETIREE HEAL TH STIPEND July-22 7/1 /2022 461.16 00 00004540 07/01 /2022 FANNING, JODI 5764192 4119000 RETIREE HEAL TH STIPEND July-22 7/1 /2022 838 .86 00 00004541 07 /01 /2022 FENSKE, CHARLES 5764192 4119000 RETIREE HEAL TH STIPEND July-22 7/1/2022 461.16 00 00004542 07 /01 /2022 FERGUSON , JAMES C . 5764192 4119000 RETIREE HEALTH STIPEND July-22 7/1 /2022 1,025 .53 00 00004543 07 /01/2022 FLINT, DAVID 5764192 4119000 RETIREE HEAL TH STIPEND July-22 7/1/2022 151.41 00 00004544 07 /01/2022 FOLKERS , RICHARD J . 5764192 4119000 RETIREE HEAL TH STIP END July-22 7/1 /2022 461.16 00 00004545 07/0 1/2022 GARN ER, PAG E 5764192 4119000 RETIREE HEALTH STIP END July-22 7/1 /2022 1,571.82 00 00004546 07 /0 1/2022 GIBSON, PAULS. 5764192 4119000 RETIREE HEALTH STIPEND July-22 7/1 /2022 1,183 .30 Report Date 07 /01/2022 Page City & Housing Page 81 of 563 City of Palm De sert Check Register 7/1/2022 -7/1/2022 Bank ID Check Numb er Check Date Vendor Na me Account N umb e r T ran saction D es c Invoice A mount Paid 00 00004547 07/01 /2022 GODFREY, BEN ORRIN 5764 192 4119000 RET IREE H EAL TH STIP EN D July-22 7/1 /2022 461.16 00 00004548 07 /01 /2022 GOMEZ, DONNA 5764192 4119000 RET IREE HEALT H STIP END Jul y-22 7/1/2022 1,183 .30 00 00004549 07 /01 /2022 GRANCE, RUSSELL 5764 192 4119000 RETIREE HEALTH STIPEND July-22 7/1/2022 702.42 00 00004550 07/01/2022 GREENWOOD, MARK 5764 192 4119000 RETIREE HEALTH STIPEND July-22 7/1/2022 1,183 .30 00 00004551 07/01 /2022 GRIFFIN , ROSALVA 5764192 4119000 RETIREE HEAL TH STIPEND July-22 7/1 /2022 273 .64 00 00004552 07 /01/2022 HENDERSON.RHONDA 5764192 4119000 RETIREE HEAL TH STIPEND July-22 7/1/2022 1,096.98 00 00004553 07 /01 /2022 HERMANN, DAVID 5764192 4119000 RETIREE HEAL TH STIP END July-22 7/1 /2022 1,104.42 00 00004554 07 /01 /2022 H ERNAN DEZ, ANTHONY 5764192 4119000 RETIREE HEALTH STIP EN D July-22 7/1 /2022 1,071.56 00 00004555 07 /01 /2022 HERNAN DEZ, CARLOS 5764 192 4119000 RETIREE HEAL TH STIPEND July-22 7/1/20 22 1,183.30 00 00004556 07 /01 /2022 HO GELE, ROCHELLE G. 5764 192 4119000 RETIREE HEAL TH STIP END July-22 7/1 /2022 115 .15 00 00004557 07 /01 /2022 HOLTZ, GREGG 5764 192 4119000 RETIREE HEALTH STIP END July-22 7/1/2022 461.16 00 00004558 07/01 /2022 JOHNSON , SO ORA 5764192 4119000 RETIREE HEAL TH STIPEND July-22 7/1/2022 461.16 00 00004559 07 /01 /2022 JOY , PHILLIPE. 5764192 4119000 RETIREE HEAL TH STIPEND July-22 7/1/2022 967 .92 00 00004560 07 /01/2022 JUDY , JANINE MARIE 5764192 4119000 RET IREE HEAL TH STIPEND July-22 7/1/2022 163 .06 00 0000456 1 07 /01 /2022 KARIMI, BASHIER AHMAD 5764192 4119000 RETIREE HEAL TH STIPEND July-22 7/1/2022 174.70 00 00004562 07 /01 /2022 KILPATRICK, SHAWN 5764192 4119000 RETIREE HEAL TH STIP END July-22 7/1/2022 1,159 .81 00 00004563 07 /01 /2022 KLASSEN , RACHELLE D. 5764 192 4119000 RET IREE HEALTH STIP EN D July-22 7/1 /2022 822.23 00 00004564 07 /01 /2022 KNIGHT, SPENCER 5764 192 4119000 RET IREE H EALT H STIPEND July-22 7/1 /2022 461.16 00 00004565 07 /01 /2022 KN UTSON, LAUREL 5764192 4119000 RETIREE H EAL T H STIPEND July-22 7/1/2022 101.95 00 00004566 07 /01 /2022 LEAL, D IA A 5764192 4119000 RETIREE HEALTH STIPEND Jul y-22 7/1/2022 1,058.05 00 00004567 07 /01 /2022 LONGMAN, ELIZABETH M. 5764192 4119000 RETIREE HEALTH STIPEND Ju ly-22 7/1 /2022 139.76 00 00004568 07 /01 /2022 MCBRIDE, CRAIG 5764192 4119000 RETIREE HEAL TH STIPEND July-22 7/1 /2022 174 .70 00 000045 69 07 /01 /2022 MC CARTHY, JUSTIN 5764192 4119000 RETIREE HEALTH STIPEND July-22 7/1 /2022 368 .93 00 00004570 07 /01 /2022 MCCORMICK, ROBIN 5764192 4 11 9000 RETIREE HEALTH STIPEND July-22 7/1/2022 163.06 00 00004571 07 /01 /2022 METZ, THOMAS 5764 192 4119000 RETIREE HEAL TH STIP END July-22 7/1/2022 1,210.75 00 00004572 07 /01 /2022 MONROE, TONY A 5764192 4 119000 RET IREE H EALTH STIP EN D July-22 7/1/2022 535.78 00 00004573 07 /01 /2022 MOORE,JA ET 5764192 4119000 RETIREE H EAL TH STIPEND July-22 7/1/2022 1,571.82 Report Date 07 /01 /2022 Page 2 City & Housing Page 82 of 563 City of P alm Des ert Check Register 7/1/2 022 -7/1 /2022 Ba nk ID Ch eck Numb e r Ch eck Da te Vendor N am e A ccount N umber T ransaction Desc Invoic e A mount Paid 00 00004574 07/01 /2022 MOORE, RUT H ANN 5764 192 4 11 9000 RETIREE HEALTH ST IP EN D July-22 7/1 /2022 535 .78 00 00004575 07 /01 /202 2 N EELY, MIC HAEL 5764 192 4 11 9000 RETIREE HEAL T H STIPEND Jul y-22 7/1/2022 810.49 00 00004576 07 /01 /2022 NIEM CZAK., JAY 5764192 4119000 RETIREE HEAL TH STIPEN D July-22 7/1 /2022 413 .17 00 00004577 07 /01 /2022 ORTIZ, WENDELL 5764 192 41 19000 RETIREE HEALTH STIPEND Jul y-22 7/1/2022 430.42 00 00004578 07 /01 /2022 OSBORN, LIN DA 5764192 4119000 RETIRE E HEALTH STIPEND July-22 7/1 /2022 174.70 00 00004579 07 /01 /2022 PONDER, HART 5 764192 4119000 RETIREE HEAL TH STIPEND July-22 7/1/2022 378.52 00 000045 80 07 /01 /2022 PRUSINOWSKI , KAREN 5764192 4119000 RETIRE E HEAL TH STIPEND July-22 7/1 /2022 399 .67 00 0000458 1 07 /01 /2022 REAM , LI SA 5764 192 4119000 RETIREE HEALTH STIPEN D July-22 7/1/2022 234.6 1 00 00004582 07/01 /2022 R IDD LE , FRANKJE 5 764 192 41 19000 RETIREE H EALT H STIPEN D J uly-22 7/1/2022 512.28 00 00004583 07/01 /202 2 ROCHA, GRACE L. 5764192 4119000 RETIREE HEAL TH ST IPEND J ul y-22 7/1 /2022 665 .75 00 000045 84 0 7/01 /2 022 ROSAS , SERGIO 5764 192 4119000 RETIR EE H EAL TH STIPEND Jul y-22 7/l /2022 1,183 .30 00 000045 85 07/01 /2022 RUSSELL, LINDA 5764 192 4119000 RET IREE HEAL TH STIP EN D Ju ly-22 7/1 /2022 535 .78 00 00004586 07/01 /2022 SCULLY, PATRICIA H . 5764 192 41 19000 RETIREE HEALT H STIPEND July-22 7/1/2022 174 .70 00 00004587 07 /01 /2022 CHRISTI ANSEN, SHARON 5764 192 4119000 RETIRE E HEAL TH STI PEND July-22 7/1/2022 535 .78 00 00004588 07 /01 /2022 SMITH, STEPHEN R . 5764 192 41 19000 RETIREE HEAL TH STIPEND July-22 7/1/2022 461.16 00 00004589 07 /01 /2022 STANLEY, JANE 57641 92 41 19000 RETIREE HEAL TH STI PEND J uly-22 7/1 /2022 286.19 00 00004590 07 /0 1/2022 SZYMANS KJ , BETTY 5764 192 4 11 9000 RETIREE HEALTH STI PEND July-22 7/1 /2022 93 1.86 00 0000459 1 07/01 /2022 TOWNSEND, ALANA 5764 192 41 I 9000 RETIREE HEAL T H STIPEND Jul y-22 7/1 /2022 198 .00 00 00004592 07 /01 /2022 TUCKER, RON 5764 192 4119000 RET IREE HEALTH STIPEND J uly-22 7/1 /2022 1,183 .30 00 00004593 07 /01 /2022 WALKER, DEL 5764192 4119000 RETIREE HEAL TH STIPEN D July-22 7/1 /2022 319.24 00 00004594 07/01 /2022 WELLER, DENI 5764 192 4119000 RET IREE HEAL TH STIP END July-22 7/l /2022 461.16 00 00004595 07/01 /2022 WHITE, BRYCE 5764 192 4119000 RETIREE HEAL TH STIPEND July-22 7/1/2022 163 .06 00 00004596 07/0 1/2022 W IL COX, DARIN 5764 192 4 1 !9000 RETIREE HEALTH STIPEND J uly-22 7/1 /2022 342 .86 00 00004597 07/0 1/2022 WITTE, LOCK 57641 92 4 11 9000 RETIREE HEAL TH ST IPEND July-22 7/1 /2022 842.63 00 00004598 07 /0 1/2022 WOHLMUTH, JOHN 5764 192 4 11 9000 RETIREE HEAL T H STI PEND Ju ly-22 7/1 /2022 1,2 11.52 00 00004599 07 /01 /2022 ZAMARRIPA , AARON 5764 192 4 11 9000 RET IRE E H EALTH STIPEND Ju ly-22 7/1/2022 535 .78 00 00004600 07/01 /2022 ZAMORA, FLORE T INO G . 5764192 4119000 RETIREE HEALTH STIPEND Ju ly-22 7/1 /2022 342.04 Re port D ate 07/01 /202 2 P age 3 City & Housing Page 83 of 563 B ank ID Check N umber Ch eck Date Vendor Na me 00 00 00 00 00 0000460 1 00004602 0 1530405 01530406 01530407 07/0 1/2022 07 /01 /2022 07/01/2022 07/01 /2 022 07/0 1/2022 Report Date 07/01/2022 ZATARA IN, ABEL ZATARA IN , GERARDO BEDROSIAN , PATR1CK WR1GHT, BARBARA YRIGOYEN , DAVID L. C ity of P a lm D esert Check Register 7/1/2022 -7/1/2022 A ccount N umb e r Transaction Des c 5764 192 4119000 RETI REE HEAL TH STIPEND J uly-22 5764192 4119000 RETIR EE HEALTH STIP END July-22 5764192 4119000 RETIREE HEALTH STIPEND July-22 5764192 4119000 RETIREE HEAL TH STIPEND July-22 5764192 4119000 RETIREE HEAL TH STIPE D July-22 In voice 7/1/2022 7/1/2022 7/1/2022 7/1/2022 7/1 /2022 A mount Paid 1,119.58 1,1 83.30 163 .06 174 .70 461.16 Total For Bank ID -00 51 ,359.01 Page 4 City & Housing Page 84 of 563 Department of Alcoholic Beverage Control State of California APPLICATION F OR ALC OHOLIC BEVERAGE LICENSE(S) ABC 211 (6/99) TO: Department of Alcoho lic Beverage Control 34-160 GATEWAY DR. STE 120 File Number: 638728 Receipt Number: 273 0 160 Geographical Code: 3318 PALM DESERT, CA 92211 (760) 324-2027 Copies Mai led Date: J un e 14, 2022 Issued Date: DISTRICT SERVING LOCATION: PALM DESERT F irst Owner: Name of Business : Location of Business : County: ls Premises inside city limits ? Mailing Address :{I-f different from premises address) VELAZQUEZ, JESUS P EL R ODE O CAFE 44820 SAN PABLO A VE PALM D ESE RT, CA 92260-3576 RIVE R S ID E Yes Census Tract: 0451.27 Type of license(s): 41 Dropping Partner : Yes X No Transferor's license/name : 460446 I ISLAS, AD ELINA MAGD ALENA License Type Transaction Type 41 -O n-Sa le Beer And W ine - Ea tin g P DPR License Type Appl ication Fee Transaction Description DRO P PA RTNER Have y ou ever been convicted of a felony? No Maste r y Fee Code NA Secondary LT And Count Dup 0 Date 06 /14 /22 Fee $120 .00 Total $120 .00 Have y ou ever violated any provisions of the Alcoho lic Beverage Control Act, or regu lations of the Department pertaining to the Act? No STATE OF CALIFORNIA Applicant Name(s) VELAZQUEZ , JESUS P County of RIVERSIDE Date: June 14 , 2022 ..... c::::I ..... ~ c,_ C z N 0 -0 '.X N .. \..0 (') ""-~ >-< r-::xoXl r-m o,-,,.n r'Tl:X,rr, /JI;,,::-M-< -X,Vl rr, :-100 0~ >-0 "" Page 85 of 563 ii CITY OF PALM DESERT CITY CLERK DEPARTMENT INTEROFFICE MEMORANDUM ' . . . To: From : Date : Subject: BUILDING AND SAFETY DIVISION , CODE COMPLIANCE DIVISION, AND PLANNING DIVISION NIAMH M. ORTEGA, DEPUTY CITY CLERK June 23, 2022 APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY: El Rodeo Cafe 44820 San Pablo Ave Palm Desert, CA 92260-3576 A copy of the subject ABC License Application is attached for your review and recommendation to the City Council or to another department(s) for further action . A response is required . Please mark the appropriate response below and return to my office by Thursday, June 30, 2022 . Responding Department: Building and Safety Date: June 27, 2022 Response: [Z] No comment -okay to present to City Council. D Refer to -related comments (attach additional sheets, if necessary): ______________ _ D Other -Additional comments (attach additional sheets , if necessary): Page 86 of 563 CITY OF PALM DESERT CITY CLERK DEPARTMENT INTEROFFICE MEMORANDUM To: From: Date: BUILDING AND SAFETY DIVISION, CODE COMPLIANCE DIVISION, AND PLANNING DIVISION NIAMH M. ORTEGA, DEPUTY CITY CLERK Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY: _____________________________________________________ A copy of the subject ABC License Application is attached for your review and recommendation to the City Council or to another department(s) for further action. A response is required. Please mark the appropriate response below and return to my office by __________________________ Responding Department: __________________________ Date: ________________ Response: No comment – okay to present to City Council. Refer to ______________________________________ - related comments (attach additional sheets, if necessary): _________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Other – Additional comments (attach additional sheets, if necessary): _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Page 87 of 563 [This page has intentionally been left blank.] Page 88 of 563 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 14, 2022 PREPARED BY: Andy Ramirez, Deputy Director of Public Works Ryan Gayler, Senior Project Manager REQUEST: RECEIVE AND FILE AN INFORMATIONAL ITEM RELATED TO BLOW SAND ISSUES FROM HIGH WIND EVENTS AND AUTHORIZE STAFF TO SOLICIT BIDS FOR WIND FENCING RECOMMENDATION: 1. Receive and file an informational item related to blow sand issues from high wind events affecting the north sphere of the City of Palm Desert; and 2. Authorize staff to solicit bids for wind fencing. BACKGROUND/ANALYSIS: Over the Spring and Summer months, heavy winds battered the City of Palm Desert. These natural events damaged property, disrupted services, obscured visibility, and reduced air quality. Virtually every street in the City from Frank Sinatra Drive northward was affected by excessive wind currents and dispersed sand. Major arterials and some streets required lane closures on multiple occasions due to accumulated sand drifts. In addition to impacts to public street operations, complaints from residents and homeowner associations were fielded by staff resulting from airborne sand affecting pool equipment, landscape, and general health. The South Coast Air Quality Management District (AQMD) defines a wind event as a day when winds exceed 25 miles per hour. For the first six months of 2022, a weather station in Thousand Palms recorded 97 wind events with the majority of those occurring in May. As a result, Public Works crews responded in full force to remove high levels of sand build up on the right-of-way. Specifically, from April to June, City crews spent 36 days dedicated to removing over 400 tons of sand and continue to perform sand removal along the City’s right-of-way. Staff has identified a preferred solution to mitigate sand from blowing into City streets and right- of-way areas. This measure entails the installation of commercial grade wind screens attached to 6-foot-high chain link fencing. Often used in active grading sites, this method is known to dramatically reduce airborne sand from exiting an open field. Therefore, Public Works staff selected seven specific locations (refer to map) that can benefit from this proposed application. The total quantity of fencing required for this mitigation is approximately 7,700 lineal feet, with the majority running along the frontage of various privately owned parcels. However, the proposed fencing would be installed within the City’s right-of-way. This proposed solution was also presented to residents living in the north sphere who overwhelming support this option. The estimated cost to purchase and install wind fencing is $300,000. Another mitigation strategy is to continue notifying property owners of blowing sand issues and requesting they install wind fencing or other solutions. Unfortunately, many identified parcels Page 89 of 563 City of Palm Desert Informational Item – North Sphere Wind and Sand Issues Page 2 of 2 are undisturbed native lands and AQMD deems wind events as natural occurrences. As a result, there are no effective enforcement rules applicable in these situations. However, when a parcel undergoes grading or stock piling operations, the City is then able to utilize enforcement powers to mitigate sand blowing off a parcel’s site. Therefore, staff recommends that the City Council authorize the solicitation of bids to install chain link fence with commercial grade wind screens as outlined on the attached map. Strategic Plan: The proposed solution will further the goals of the strategic plan by providing a safe, efficient, and reliable transportation system for residents and visitors. FINANCIAL IMPACT: If the City Council authorizes staff to proceed with the installation of the fence and screening, an appropriation from unassigned general fund reserves will be requested at a future Council meeting. The financial impact of the contract is expected to be offset by the reduced burden on the Public Works crews. REVIEWED BY: Department Director: Andy Ramirez, Deputy Director of Public Works Finance Director: Veronica Chavez Assistant City Manager: Andy Firestine City Manager: L. Todd Hileman ATTACHMENTS: 1. Pictures of roads before and after clean-up 2. Vicinity Map Page 90 of 563 Sand Removal Photos Before and After Page 91 of 563 Dinah Shore between Gerald Ford and Portola Before After Page 92 of 563 A Street Before After Page 93 of 563 Miriam Street Before After Page 94 of 563 Dinah Shore between Miriam and Key Largo Before After Page 95 of 563 Dinah Shore Behind Genesis Development Before After Page 96 of 563 Dinah Shore Behind Genesis Development Before After Page 97 of 563 Dinah Shore Behind Genesis Before After Page 98 of 563 Proposed Fence with Screening Page 99 of 563 200 200 200200930 1275 1415 26 2 5600 Date: 2022 I VICINITY MAP Fencing 2022 (7,645 FT) Palm Desert City Boundary Page 100 of 563 STAFF REPORT CITY OF PALM DESERT MEETING DATE: July 14, 2022 PREPARED BY: Shawn Muir, Management Analyst REQUEST: APPROVE A WAIVER OF FACILITY USE FEES FOR THE USE OF CIVIC CENTER PARK AMPHITHEATER FOR DESERT KIDS FEST. Recommendation: Approve a fee waiver of facility use fees for the use of the Civic Center Park amphitheater for the Desert Kids Fest event. 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. Staff is currently working to make these updates to City policies. Friends of the Desert Mountains (FoDM) is a nonprofit organization whose mission is to “preserve land, to support education, conservation and research in the Coachella Valley, and to act as the support organization for the Santa Rosa & San Jacinto Mountains National Monument.” FoDM hosts the annual Wildflower Festival at Civic Center Park each year in March to provide fun educational opportunities for residents of the Coachella Valley. They are now looking to expand their annual events by providing youth-focused outreach and education called Desert Kid Fest. Desert Kid Fest is a new event for kids of all ages. The community is invited to come and enjoy activities for the kids on Saturday, January 14, 2023, at the Palm Desert Civic Center Park from 10am – 2pm. There will be plenty of activities for the kids along with food trucks to satisfy your hunger. The event will start with a parade around the amphitheater area where kids can bring their decorated bikes or wagons to participate in the parade. Other activities planned include a tortoise race, scavenger hunt, arts and crafts, and more. This event will be sponsored by Friends of the Desert Mountains in partnership with the Desert Recreation District, the City of Palm Desert and local school districts. Page 101 of 563 July 14, 2022 – Staff Report Facility Fee Waiver for Desert Kids Fest Page 2 of 2 According to DRD, the use of the amphitheater for Desert Kids Fest includes the following facility use fees: Facility Use Hours Rate Total Amphitheater $230 / day $230.00 Maintenance Worker 8 $40 / Hour $320.00 Total Facility Use Fee $550.00 Administration Fee $20.00 Cleaning Deposit $100.00 Total $670.00 The facility use fee is collected by DRD on the City’s behalf and remitted to the City. An administration fee is retained by DRD. Staff recommends approving the waiver of the $230 facility fee, and $320 maintenance worker fee, and only charging the $20 administration fee and the refundable $100 cleaning deposit for a total of $120.00. FINANCIAL IMPACT: The financial impact is the loss of $550 in revenue resulting from the waiver of the facility use permit fee. REVIEWED BY: Department Director: Andy Ramirez, Deputy Director of Public Works Finance Director: Veronica Chavez Assistant City Manager: Andy Firestine City Manager: L. Todd Hileman ATTACHMENTS: 1. Friends of the Desert Mountains Facility Use Application Page 102 of 563 Page 103 of 563 Page 104 of 563 Page 105 of 563 Page 106 of 563 Page 107 of 563 Page 108 of 563 Page 109 of 563 [This page has intentionally been left blank.] Page 110 of 563 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 14, 2022 PREPARED BY: Shawn Muir, Management Analyst REQUEST: AUTHORIZE THE SUBMITTAL OF AN APPLICATION TO THE GREATER PALM SPRINGS TOURISM FOUNDATION GRANT FOR THE BUMP AND GRIND TRAILHEAD IMPROVEMENT PROJECT RECOMMENDATION: 1. Authorize the submittal of an application to the Greater Palm Springs Tourism Foundation Grant for the Bump and Grind Trailhead Improvement Project. 2. Authorize the City Manager or his Designee to execute all documents that may be necessary to facilitate the application or award. BACKGROUND/ANALYSIS: Staff was made aware of a grant opportunity through the Greater Palm Springs Tourism Foundation to fund projects that would stimulate the development of new tourism experiences and enhance existing tourism experiences in the Greater Palm Springs area. Outdoor recreation, including trails are one of the City of Palm Desert’s tourist attractions from which this funding opportunity would benefit. Specifically, the Bump and Grind trail sees thousands of visitors each year and provides a free experience for families to enjoy when visiting the desert. To utilize this grant opportunity for its intended purpose, staff proposes to add a public art piece that would serve as a photo opportunity at the Bump and Grind trailhead. This would provide a safe place to take group photos or “selfies” to share via social media. The art would incorporate the Palm Desert city name so that the location is easily identified and promoted through social media sharing. Public Works will work closely with Special Programs to identify an art piece that is appropriate and effective. This will also be added to the Art in Public Places program for the City. A second component of the grant application is the addition of a restroom to the trailhead facilities. The trailhead to the Bump and Grind is located behind the Desert Crossing Shopping Center, just off Highway 111. This location is convenient and easy to find but presents some challenges with regard to space. Additions to the trailhead were recently made with the construction of the CV Link terminal at the site, which provided new shade, seating, bike racks, and drinking fountains. However, restroom facilities have not been added, and the nearest publicly available restrooms for hikers are at the nearby Target or other shops within Desert Crossing. Staff have researched trailhead restroom facilities used in neighboring communities and have verified the viability of placing a permanent facility with water and sewer connections at the site. Page 111 of 563 City of Palm Desert Submittal of GPSTF Grant Application Page 2 of 2 Strategic Plan: A top priority of the City’s Envision Palm Desert Strategic Plan is to secure funding to sustain and enhance the community’s parks and recreation areas and activities. This request meets that objective by securing funding to update and enhance an existing trailhead. If grant funding is awarded, the City will continue to further its goals by adding tourism opportunities and increasing the amenities at the popular Bump and Grind trailhead. FINANCIAL IMPACT: The amount of $250,000 for this project was included in the approved Capital Improvement Project (CIP) List for Fiscal Year 2022-23 under Capital Improvement Fund. Should the GPSTF grant application be awarded, an additional $100,000 of grant funding would be made available to supplement the project funds. The grant plus available funding brings the total allowable cost of the project to $350,000. The GPSTF will disburse 50% of the $100,000 in advance of the approved project and 50% upon successful conclusion of the project. Staff will evaluate if additional funds are required once the construction phase of the project is submitted to the City Council for award. Therefore, there is no additional financial impact to the general fund with this action. REVIEWED BY: Department Director: Andy Ramirez, Deputy Director of Public Works Finance Director: Veronica Chavez Assistant City Manager: Andy Firestine City Manager: L. Todd Hileman ATTACHMENTS: 1. Grant Guidelines 2. Grant Application 3. Vicinity Map Page 112 of 563 July 14, 2022 Palm Desert / Riverside County Shawn Muir smuir@cityofpalmdesert.org 73-510 Fred Waring Drive, Palm Desert, CA 92260-2578 (760) 776-6481 Page 113 of 563 Bump and Grind Trailhead Improvement Project APPLICATION FOR GREATER PALM SPRINGS TOURISM FOUNDATION GRANT Page 114 of 563 PAGE 1 Project Description The Bump and Grind trail is one of the premier visitor experiences in the City of Palm Desert, and one of the most popular trails in the Coachella Valley. Located near Highway 111 and the City’s center, this trail is readily accessible and easy to find for visitors. It was also added as a connector to the CV Link, a multi-modal transportation facility, in 2020 to increase access and provide drinking fountains and shade. The trail itself is a moderately challenging 4-mile loop that offers spectacular views of Palm Desert, the surrounding communities and Mount San Jacinto and Mount San Gorgonio in the distance. Hikers are treated to experience this beautiful desert scenery and connect with nature, while taking in some hallmarks of the Coachella Valley such as wildflowers, lizards, and even the occasional Peninsular Bighorn Sheep. Given this, it is not surprising that the trail is a popular location for visitors to take vacation photos to share on social media. This is a great way for tourists and residents alike to capture their experience, and it is an excellent opportunity for the City to provide location information that would attract new visitors. Care must be taken when taking photos along the trail, due to the sometimes-steep mountainsides and uneven terrain. A dedicated space is needed to encourage and enhance photo opportunities at the trailhead. An attraction to provide this space would add to the City of Palm Desert’s already substantial Art in Public Places program, and bolster tourism through social media sharing. The convenient location of this trail on Painter’s Path, behind the Desert Crossing Shopping Center also presents some challenges. Space is limited, and although there are shops nearby and a distinct trailhead created by the CV Link, a dedicated restroom has not been installed. This limits both the number of people and the duration of visits to the trail. To enhance the tourism experience at this trailhead, the City of Palm Desert proposes to utilize the Greater Palm Springs Tourism Foundation Grant to place a public restroom facility at the trailhead. A dedicated photo area would also be created by placing public art to create a “selfie station” or similar functional space to be used and enjoyed by residents and visitors. Details on how the GPS Tourism Grant Funds will be utilized for this project The City of Palm Desert has identified the need to enhance the Bump and Grind trailhead by adding an art-based “selfie station” and restroom facility. The City is requesting a $100,000 grant from the Greater Palm Springs Tourism Foundation to match a portion of this project. The full project cost is estimated at $350,000. The project will effectively increase the potential leisure market by identifying a Palm Desert hiking attraction in Page 115 of 563 PAGE 2 user’s social media posts and providing more complete trailhead facilities for public enjoyment. Description of how the project will enhance the visitor experience The proposed project would add a visual component to the Bump and Grind trailhead which contributes to the City’s AIPP program and provides a great place for people to gather and take photos. In addition, the dedicated restroom facility that will be placed at the trailhead as part of this project adds to visitor’s comfort and convenience. Accounting: Describe in detail how you will track, evaluate, and report the success of your project The City of Palm Desert manages grants for various programs and projects throughout the City. The Greater Palm Springs Tourism Foundation grant funds will be managed by the Public Works Department. This Department encompasses Community Services Division, and Parks and Recreation. A separate account has been established in the Public Works budget for this project to maintain complete and accurate accounting. The City has set aside $250,000 in this account for the FY22-23 budget. Project records will be maintained at the City of Palm Desert Public Works Department, Community Services Division. This Division will also be responsible for project tracking, evaluation, and reporting. City staff are familiar with this type of project and are adept at project management. Page 116 of 563 Page 117 of 563 Page 118 of 563 Page 119 of 563 Page 120 of 563 Page 121 of 563 FRED WARING DR PAINTERS PATHPAINTERS PATH640091018 640020055 640091001 640091016 640091002 640091010 640091005 640080001 640080009 640091006 640091003 640091015 640020046 640091007 640091013 640091008 640080010 640020047 640091004 Date: 2022 Bump and Grind Trailhead Restroom I Project Location VICINITY MAP Palm Desert Parcels Palm Desert City Boundary Bump and Grind Trailhead Page 122 of 563 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 14, 2022 PREPARED BY: David Reyes, Street Maintenance Supervisor Marisol Lopez, Management Specialist II REQUEST: APPROVE CHANGE ORDER NO. 2 TO CONTRACT C41390 FOR GAS AND DIESEL FUEL PURCHASE FROM BECK OIL, INC., IN THE AMOUNT OF $5,000. RECOMMENDATION: Approve Change Order No. 2 to Contract C41390 for Gas and Diesel Fuel Purchase from Beck Oil, Inc., in the amount of $5,000. BACKGROUND/ANALYSIS: On June 10, 2021, the City Council awarded Contract No. C41390 to Beck Oil for the purchase of gas and diesel fuel during Fiscal Year 2021/2022 in the amount of $100,000. On May 12, 2022, the City Council approved Change Order No. 1 to add $30,000 to the contract due to the increase in gas and diesel fuel prices for a contract total of $130,000. Due to the unforeseen inflation, limited production and demand increase, the cost of fuel continues to increase. Currently, the contract has a balance of $2,899.35, and the last order of fuel for Fiscal Year 2021/22 was for a total of $7,651.26. This is a shortage of $4,751.91. Therefore, staff requests approval of Change Order No. 2 to add $5,000 to the contract for the remainder of Fiscal Year 2021/22. Strategic Plan: This is an ongoing maintenance function and as such, does not directly contribute to the objectives of the Strategic Plan. FINANCIAL IMPACT: The approved Fiscal Year 2021/2022 budget for the purchase of automotive fuel totaled $100,000. This change order increases the total contract amount to $135,000. However, staff expects to offset the additional cost with savings from Auto Fleet and the Streets Maintenance accounts as not all encumbrances are expected to be expended. Therefore, there is no additional impact to the General Fund and no appropriation is requested at this time. REVIEWED BY: Department Director: Andy Ramirez, Deputy Director of Public Works Finance Director: Veronica Chavez Assistant City Manager: Andy Firestine City Manager: L. Todd Hileman Page 123 of 563 City of Palm Desert Change Order No. 2 to Contract No. C41390 Page 2 of 2 ATTACHMENTS: 1. Change Order No. 2 2. C41390 Page 124 of 563 Contract # / P.O. # C41390 P115481 Change Order No. 02 Contingency: YES NO Contract Purpose Fuel and Gas Diesel Purchase Account No. 1104331-42170000 Consultant’s Name Beck Oil, Inc. Project No. n/a Address: 16640 D Street, Victorville CA 92395 Vendor No. V0013288 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 Additional funding for the gas and diesel fuel puchase for the 5,000.00 remainder of the Fiscal Year 21/22. TOTALS: - 5,000.00 NET CHANGE IN CONTRACT PRICE: 5,000.00 JUSTIFICATION: Additional funds for fuel purchase during Fiscal Year 2021/22 due to increase in fuel costs and fueling of COVID testing site. TOTAL BUDGET FOR PROJECT:+135,000.00 CONTINGENCY: Less: Expend. & Encumb. To Date:-130,000.00 Amount Approved by Council:+- Less: This Amendment Amount:-5,000.00 Less: Prior Change Order(s):-- BALANCE OF BUDGET Less: This Change Order:-- REMAINING FOR PROJECT:0.00 Balance Remaining of Contingency:- The amount of the Contract will be increased by the Sum of: Five Thousand and 00/100 Dollars ($5,000.00). Page 125 of 563 Contract C41390 Contract Change Order No. 02 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 time and materials and/or a lump sum price agreed upon between the Contractor and the City of Palm Desert, otherwise referred to as Owner. Contract Time Extension 0 Days Revised Contract Total $135,000.00 The undersigned Contractor approves the foregoing Change Order No. 02 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. 02. 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: ANDY FIRESTINE ASSISTANT CITY MANAGER CONTRACTOR Date Accepted 3. CERTIFIED FUNDS AVAILABLE: 4. APPROVED BY: VERONICA CHAVEZ FINANCE DIRECTOR L. TODD HILEMAN CITY MANAGER Date Approved NOTE: No payments will be made prior to City Manager and Council approval Page 126 of 563 CITY OF PALM DESERT SHORT -FORM SERVICES AGREEMENT Contract No. C41390 CONTRACT NO. C41390 I" 1. Parties and Date. This Agreement is made and entered into this 10th day of June; 2021, 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, Califomia 92260-2578, California ("City") and Beck Oil Inc., a Corporation with its principal place of business at 1660D 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, 2021 to June 30,2022, 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 "B" attached hereto and incorporated herein by this reference. Vendor's invoices shall include a detailed description of the Services performed. 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 its respective officers, agents, employees, volunteers and representatives. Professional Liability (Errors and Omissions): Reserved. Pollution Liability: ' ' '_ Vie: Revised 03-08-2021 . . BBK 72500.00001132374915.1 Page 127 of 563 2 CONTRACT NO. C41390 Environmental Impairment Liability Insurance written on a Contractor's Pollution Liability form or other form acceptable to the City providingcoverage for liability arising out of sudden, accidental and gradual pollution and remediation. Policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as "covered operations." The policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non -owned disposal sites. Fidelity Coverage: Reserved. Cvber Liability: Reserved. Revised 03-08-2021 BBK 72500.000D11323T4915.1 SIGNATURES ON THE NEXT PAGE] 1 Page 128 of 563 CONTRACT NO. C41390 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: KathleenIy Mayor Attest: M. G on S nc ez% Acting t Clerk -- Approved as to Form: • Best Best rieger LLP City Attorney Reviewed By: Andy Firestine Assistant City Mar%,ga Revised 03.08-2021 BBK 72500,00001132374915.1 Beck Oil, Inc. IF CORPORATION, TWO SIGNATURES; PRESIDENT OR VICE PRESIDENT AND SECRETARY_ _ R. TREASURER REQUIRED] By: Ji Its: g U i I2`J t Y_ Printed Name: .72v- dif14LvEj By: Its: GC' GC' dL: Printed Name: h4,tiR. / 3 Page 129 of 563 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT do TRA cr JO CIVIL CODE § 1189 C.'1 13 / o 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 San Bernardino) On ©&v ,3o' 2 a e / before me, C. Lindorfer, Notary Public, Personally Appeared STCPH E41 elq,edticv esca ,e o who proved to me on the basis of satisfactory evidence to be the persorr whose name i subscribed to the within instrument and acknowledged to me that he/sl9e executed the same in Ws/her uthorized capacit ,R ! and that by his/hersignature(n the instrument the person or the entity upon behalf of which the persocted, 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. C. LINDORFER Notary Public - California San Bernardino County g Commission # 2329027 My Comm. Expires May 25, 2024 E WITNESS my hand and off ial seal. Signature OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: The UPS Store #6396 / 16808 Main St., Ste D, Hesperia, CA 92345 / 760.995.4546 Page 130 of 563 CONTRACT NO. C41390 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 govemment. 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 Califomia 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 lnsurance; and if applicable, as determined by the City's Risk Manager, D. Professional Liability (Errors and Omissions), if applicable, shall cover 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 its 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 and its elected or appointed officers, agents, officials, employees, volunteers and representatives and shall require similar written express waivers and insurance clauses from each of its subcontractors. Workers compensation coverage shall have a waiver of subrogation endorsement in favor of the City of Palm Desert, and its 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 acid the City, and its 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 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 its 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, attomey'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 the City, or its 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 Califomia. 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. Ex. A-1 Revised 03- 08- 2021 BBK 72500.00001%32374915.1 Page 131 of 563 CONTRACT NO. C41390 7. Chanaes. By written notice, the City may from time to time, make changes to the Services fumished 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 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 unenforceabitty, 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. Ex. A-2 Revised 03-08-2021 BBK 72500.00001132374915.1 Page 132 of 563 EXHIBIT "B" Contract No. C41390 SCOPE OF SERVICES AND COMPENSATION REQUEST FORVENDOR QUOTES' GAS AND DIESEL FUEL PURCHASE FOR FY 2021/22 ATTACHMENT B VENDOR .QUOTE FORM. VENDOR .NAME: Back 'i%. L 1rie . ADDRESS: /e64'.o. oo 37: //'%ITn,edi //e G.0.. 9Z39 PHONE: 760 =39I3 • aa5 / EMAIL: T;14 Bic/ o//#:hc The undersigned, hereby .declare that they have carefully examined the 'location of the proposed work, familiarized themselves with the local conditions affecting the cost of the work, and have read and examined the terms and conditions for the following Project: GAS AND DIESEL FUEL PURCHASE FOR FY 2021/22 The undersigned, hereby propose to furnish all labor, 'materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project in strict accordance with the Vendor Price Quote for the ELECTRONICALLY SUBMITTED TOTAL VENDOR QUOTE PRICE. 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. To calculate -the Total Delivered Cost, the vendor shall add the amounts in rows 1 through 11.. 87 UNLEADED: _ I CLEAR DIESEL 1. EXAMPLE OPIS FUEL PRICE WITH CAR COST) 5/14/2020 2. FEDERAL EXCISE TAX 3. FEDERAL LUST TAX oo / 4. FEDERAL OIL SPILL FEE ,. o o 1 (-'/ 3 5. CALIFORNIA EXCISE TAX 6. CALIFORNIA LEAD POISON , o o/ 7. CALIFORNIA AB32 FEE , 04°6 973 oat /y3. D68261 8. DELIVERY See Arr.4 4 9. MARKUP/PROFIT . 2 3 Gas and Diesel Fuel Purchase far FY 21/22 5 OF 7 Revised .10-29-19). Page 133 of 563 REQUEST FOR VENDOR QUOTES GAS AND DIESEL FUEL PURCHASE FOR FY 2021122 10. ENVIRONMENTAL, FEE _ ,5ee Arrge. 4944'4 ' c- ll. OTHER FEE (SPECIFY) TOTAL DELIVERED COST 2. /1,6.(//‘ A 89'3929 Weighted Amount Total Delivered Cost for 87 Unleaded: Z. /sews multiply by 3 = ‘. 5652:4' 8 A Total Delivered Cost for Clear Diesat 93 72 S• multiply by 1 = 1. e9 3 9? Y B Total Delivered Cost for Red -Dyed Diesel: J. 7C7/9 multiply by 1 = 72 C Total Weighted Bid Amount A + B + C: 9 ,97Vet:( Total Number of Additional Pages: 1 hereby declare under penalty of perjury that the foregoing is true and correct. Sulqmitted By: . 631 Title: .ea.r-/ AuthOtized Reprete tative Signature) Print 1Vante: dee, 4: an715 contractor's License Number and 'Classification: N 1/4 DIR. Registration Numb& Of applicable): GO. and Dietet Fitlei Purchase for FY21/22 6 OF T 13o4iped 10,29-19) Page 134 of 563 4,112 /a. REQUEST FOR VENDOR QUOTES GAS. AND DIESEL FUEL PURCHASE FOR FY 2021/22 ATTACHMENT C live 1. °nee), .0 cisafe..s 5E,re A p4d. 44A . o,wi,i'T?itide Pea' Z-into 1-441 7— e-e)a- /104 Gasand Diesel 601Purchasb torFY 21/22 ifk. 21.9) II, c #4,1e...5 4#i.s'q ri;tie 7. OF 7. Page 135 of 563 [This page has intentionally been left blank.] Page 136 of 563 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 14, 2022 PREPARED BY: Bertha A. Gonzalez, Management Analyst REQUEST: STREAMLINE THE USE OF VENDORS FOR THE PUBLIC WORKS DEPARTMENT BY GRANTING EXCEPTION TO BIDDING REQUIREMENTS RECOMMENDATION: 1. Grant an exception to the purchasing requirements of the Palm Desert Municipal Code, as provided for in Section 3.30.160 (K); 2. Approve the Original Equipment Manufacturer (OEM) Vendor List; Public Works Professional Services List; Public Works Various Vendors and Qualified Service Providers List; and the Community Services Vendors and Service Providers List; and, 3. Authorize the City Manager to execute contracts for on-going services, not to exceed $50,000 for any one vendor on the list, as needed and recommended by staff during Fiscal Year 2022- 23. BACKGROUND/ANALYSIS: The Public Works Department utilizes on a regular basis a variety of vendors for various miscellaneous commodities and services that are not considered project related. The vendors and services listed are used because they offer immediate accessibility, wholesale and/or discounted pricing, and/or are the only local source. Section 3.30.160 (K) of the Municipal Code gives the authority to obtain routine and recurring services, supplies, and maintenance using one of these vendors. The approval of these lists will simplify the process to purchase and acquire items and services needed during events where time is of the essence. Following the best interest of the City, staff evaluates the estimate of the most readily available vendor, and if it deems a cost is too high, another vendor from the list is contacted. When time is not of the essence, staff will ensure competitive pricing by obtaining and evaluating quotes from two to three vendors from the list. On May 26, 2021, staff posted an invitation offering vendors the opportunity to be added to the list for Fiscal Year 2022/23 with insurance and other City license requirements. The invitation remained posted throughout the year to offer other qualified vendors and service providers equal bidding opportunities. On May 25, 2022, staff posted a notice in the City of Palm Desert’s website with an invitation to vendors for Fiscal Year 2023/24. This notice will remain posted for the entire fiscal year, so potential vendors can request to be added to next year’s approval. Vendors are required to submit a W-9 form and have a City of Palm Desert Business License and necessary insurance in place before being considering as a potential vendor. Page 137 of 563 City of Palm Desert Grant Exemption to the Bidding Requirements and Approve Vendors Lists Page 2 of 2 The services offered on this list are only for non-project related services, and purchases of supplies and materials that do not exceed an aggregated amount of $50,000 per vendor. Project related services, and purchases and/or services valued at more than $50,000 will follow the standard procedure for public procurement. Strategic Plan: This is an ongoing maintenance function and as such, does not directly contribute to the objectives of the Strategic Plan. FINANCIAL IMPACT: There is no additional fiscal impact associated with this action beyond the potential purchases and contract amounts that have been included the various Public Works operating budget accounts for Fiscal Year 2022/23. REVIEWED BY: Department Director: Andy Ramirez, Deputy Director of Public Works Finance Director: Veronica Chavez Assistant City Manager: Andy Firestine City Manager: L. Todd Hileman ATTACHMENTS: 1. FY 22/23 Posted Notice 2. OEM Vendors List 3. Public Works Professional Services Providers List 4. Public Works Vendors and Qualified Service Providers List 5. Community Services Vendors and Service Providers List Page 138 of 563 Page 139 of 563 CITY OF PALM DESERT MAINTENANCE SERVICES DIVISION Name Location Remarks Accu-Tech Corporation Alpharetta, GA Traffic-related supplies and equipment Altec Industries Pomona, CA Bucket truck aerial device service Anritsu Richardson, TX Traffic-related supplies and equipment Air Exchange Fairfield, CA PlymoVent Systems Building Automation Systems, Inc.Costa Mesa, CA Technical support, computer upgrades, inspections and training for the Visitor Center's AC/Chiller unit California Hazardous Services, Inc.Santa Ana, CA Fuel tank service, inspection, and repairs Cal-Sense Irrigation Carlsbad, CA Computerized irrigation system ChargePoint Campbell, CA charging station equipment and services Clary Corporation Monrovia, CA Traffic-related supplies and equipment Coachella Valley Buick, GMC Indio, CA Major vehicle repairs and dealer parts Coast Recreation Products Costa Mesa, CA Specific playground equipment Crosstown Electrical & Data, Inc.Irwindale, CA Traffic-related supplies and equipment CT West Carlsbad, CA Traffic-related supplies and equipment Dave Bang & Assoc. Tustin, CA Specific playground and parks equipment DDL Traffic Inc.Chino Hills, CA Traffic-related supplies and equipment Desert Fire Extinguisher Palm Springs, CA Services, repairs, and inspection of fire extinguishers Ditch Witch of So. California Corona, CA Repair, service, and supply parts for the Ditch Witch vacuum excavator Econolite Control Products Anaheim, CA Traffic-related supplies and equipment EDI Phoenix, AZ Traffic-related supplies and equipment Fiesta Ford, Inc.Indio, CA Major vehicle repairs and dealer parts Fix-It Commercial Services Cathedral City, CA Service and repair major appliances Foster-Gardner, Inc.Coachella, CA N-Control Fertilizer GDI Communications Verdi, NV Communication equipment Global Rental Pomona, CA Bucket truck rental PUBLIC WORKS ORIGINAL EQUIPMENT MANUFACTURER (OEM) VENDOR LIST FISCAL YEAR 2022/23 Page 1 of 15 7/7/2022 Page 140 of 563 CITY OF PALM DESERT MAINTENANCE SERVICES DIVISION Name Location Remarks PUBLIC WORKS ORIGINAL EQUIPMENT MANUFACTURER (OEM) VENDOR LIST FISCAL YEAR 2022/23 Houston Harris Grand Terrace, CA Washout area service and repairs Iteris Inc.Anaheim, CA Traffic-related supplies and equipment JTB Supply Company Chino Hills, CA Traffic-related supplies and equipment Koolfog Palm Desert, CA Misting system maintenance, repairs, and parts Leotek Electronics USA LLC San Jose, CA Traffic-related supplies and equipment McCain Traffic Supply Vista, CA Traffic-related supplies and equipment Musco Sports Lighting Oskaloosa, IA Sole source of Musco Light supplies NexTech Systems, Inc.Irvine, CA Traffic-related supplies and equipment Placencia Mirrior & Glass Inc.Palm Desert, CA Glass and Mirror repairs Precision Concrete Cutting Palm Desert, CA Specialized in removal of trip hazards PSI Westminister, CA Water cleaning system at Washout area Corporation Yard. Quinn Cat Riverside, CA Service, repair, and supply parts for emergency generators R.D.O. Equipment Riverside, CA Only facility for service, repairs and parts of John Deer equipment Recreation Republic Carlsbad, CA Specific playground equipment Shasta Fire Protection Palm Springs, CA Fire Sprinkler and Extinghisher Services & Repairs South Coast Lighting & Design San Clemente, CA Traffic-related supplies and equipment Southwest Traffic Systems Phoenix, AZ Traffic-related supplies and equipment Stalker Radar Plano, TX Traffic-related supplies and equipment TraffiCalm Systems Post Falls, ID Traffic-related supplies and equipment Verizon Connect NWF aka Networkfleet San Diego, CA Vehicle GPS tracking system service and repairs WESCO - CSC Buena Park, CA Various supplies and equipment Western Pump San Diego, CA Preventive maintenance and repairs for fuel pumps and gas boy fuel system ZAP Manufacturing, Inc.Grass Valley, CA Traffic-related supplies and equipment Page 2 of 15 7/7/2022 Page 141 of 563 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT Name Location Remarks American Leak Detection Palm Springs, CA Water leak detection Anser Advisory Consulting, LLC Santa Ana, CA Construction estmating, management and inspection Brailsford Public Art, LLC Dulzura, CA Public art services California Bio-Mass Thermal, CA Soil amendments CASC Engineering and Consulting, Inc.Palm Desert, CA Stormwater consulting Clean Harbors Disposal Services Norwell, MA Hazardous waste collection, transportation, and disposal Counts Unlimited, Inc.Riverside, CA Traffic counting Cumming Management Group, Inc.Murrieta, CA Construction estmating, management and inspection D&B Visions Temecula, CA Solid waste and recycling consulting Desert Environmental Services Victorville, CA Hauler and Disposal of hazardous materials Desert Environmental Services Victorville, CA Hauler and Disposal of hazardous materials Dokken Engineering Folsom, CA Traffic engineering and civil engineering Dudek Encinitis, CA Civil engineering Earth Systems Pacific San Luis Obispo, CA Geotechnical engineering & material testing ECORP Consulting, Inc.Rocklin, CA Environmental consulting Engineering Resources of Southern Californ Redlands, CA Civil engineering Forbes Traffic Solutions, Inc.Yorba Linda, CA Traffic-related professional services Friedman Imaging aka Scanning Service Corp Fontana, CA scanning services Geocon West, Inc.San Diego, CA Geotechnical engineering & material testing Guida Surveying, Inc.Irvine, CA Professional surveying services Hartzog & Crabill, Inc.Dove Canyon, CA Traffic engineering Hermann Design Group, Inc.Palm Desert, CA Architect professional services HF&H Consultants, LLC Irvine, CA Solid waste and recycling consulting Holt Architects, LLC Palm Desert, CA Architect professional services HR Green Pacific, Inc.Cedar Rapids, IA Traffic engineering and civil engineering PROFESSIONAL SERVICES VARIOUS VENDORS AND QUALIFIED SERVICE PROVIDERS LIST FISCAL YEAR 2022/23 Page 3 of 15 7/7/2022Page 142 of 563 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT Name Location Remarks PROFESSIONAL SERVICES VARIOUS VENDORS AND QUALIFIED SERVICE PROVIDERS LIST FISCAL YEAR 2022/23 Inland Valley Sladden, Inc.Beaumont, CA Geotechnical engineering & material testing Innovative Data Acquisitions, LLC Pacheco, CA Traffic counting Iskander Associates, Inc.Santa Ana, CA Construction estimating and management Kimley-Horn and Associates, Inc.Raleigh, NC Traffic engineering and civil engineering KOA Corporation Monterey Park, CA Traffic engineering and civil engineering LandMark Consultants, Inc.El Centro, CA Geotechnical engineering & material testing Leighton Consulting, Inc.Irvine, CA Geotechnical engineering & material testing LSA Associates, Inc.Irvine, CA Environmental consulting Michael Baker International, Inc.Pittsburgh, PA Traffic engineering and civil engineering MIG, Inc.San Diego, CA Landscape architecture professional services MSA Consulting, Inc.Rancho Mirage, CA Civil engineering Municipal Media Corporation Toronto, ON Recycle coach software NV5, Inc.Hollywood, FL Traffic and civil engineering, construction estimating, management and inspection Petra Geosciences, Inc.Cota Mesa, CA Geotechnical engineering & material testing PM10 Fugitive Dust Control Palm Desert, CA Soil stabilization, dust control Prest Vuksic Greenwood Architects, Inc.Palm Desert, CA Architect professional services ProActive Consulting Huntington Beach, CA Spill prevention resource, training, and regulation Quality Traffic Data, LLC Valley Village, CA Traffic counting Ray Lopez Associates Palm Desert, CA Landscape architect Resource Strategies, Inc.San Diego, CA Aerial Imaging Ron Gregory and Associates Palm Desert, CA Landscape architect Safety Kleen Ontario, CA Hauling and Disposal of hazardous materials; shop parts EDA compliant Safety Play, Inc.Los Angeles, CA Playground audits, classes, and supplies Senserra Systems Golden, CO Traffic Signal Software Sierra West Consulting Group Sacramento, CA Construction estimating and management Page 4 of 15 7/7/2022Page 143 of 563 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT Name Location Remarks PROFESSIONAL SERVICES VARIOUS VENDORS AND QUALIFIED SERVICE PROVIDERS LIST FISCAL YEAR 2022/23 Southstar Engineering and Consulting, Inc.Riverside, CA Construction management and inspection Terra Nova Planning & Research, Inc.Palm Desert, CA Environmental consulting The Altum Group Palm Desert, CA Civil engineering The Davey Tree Expert Company Kent, OH Tree inventory support TJKM Transportation Consultants Pleasanton, CA Traffic engineering and civil engineering Toole Design Group, LLC Silver Spring, MD Civil engineering Traffex Engineers, Inc.Ventura, CA Traffic engineering TransTech Engineers, Inc.Chino, CA Traffic engineering Valley Reprographics Thousand Palms, CA printing and duplicating Webb and Associates Riverside, CA Traffic engineering and civil engineering Page 5 of 15 7/7/2022Page 144 of 563 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT Name Location Remarks 4imprint Chicago, IL Recycling supplies and services A + Window and Gutter Desert Hot Springs, CA Window and gutter maintenance and repairs A#1 Services Heating and Air Conditioning Palm Desert, CA A/C and plumbing services Accurate First Aid aka First Aid Mentone, CA First aid supplies Advantage Golf Carts Palm Desert, CA Preventive maintenance, parts,& repairs to city owned golf carts and club carts Air Cleaning Systems Pomona, CA Exhaust fume and plymovent service and repairs Air Link International Anaheim, CA Repairs and service to the City's air link system All Star Glass Cathedral City, CA Glass replacement and repairs Desert Contracting, Inc. dba All Valley Steel Supply Indio, CA Supplier of metal for street, building maintenance and other special requests AmeriGas Indio, CA Supplier of propane and rental of 1100-gallon propane tank AMS Alarm Monitoring Services Palm Desert, CA Alarm monitoring services and repairs Anderson Communications Palm Desert, CA Two-way radio service, repairs and accessories Appliance Medic Thousand Palms, CA Appliance parts, service and repairs Aqua-Serv Engineers, Inc.Fontana, CA Water treatment services AQS Mechanical Riverside, CA Vent and Duct Cleaning and HVAC Ari-Thane Foam Roof Products, Inc.Anaheim, CA Roof materials and repairs Arts Concrete Pumping Cathedral City, CA Concrete pumping BELFOR Property Restoration Riverside, CA Environmental remediation and property restoration Best Buy Resturant Equipment & Supplies Thousand Palms, CA Ice Machine PM and Kitchen Equipment Maintenance/Supply Best Sign Palm Springs, CA Flag and signage parts and services Blinds ETC Palm Desert, CA Blind parts and repair Bradley Electric Palm Desert, CA Electrical work Brad's Airless Repair Palm Desert, CA Repair and service City Fleet and Equipment Brian K Stemmer La Quinta minor construction / repairs PUBLIC WORKS VARIOUS VENDORS AND QUALIFIED SERVICE PROVIDERS LIST FISCAL YEAR 2022/23 Page 6 of 15 7/7/2022Page 145 of 563 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT Name Location Remarks PUBLIC WORKS VARIOUS VENDORS AND QUALIFIED SERVICE PROVIDERS LIST FISCAL YEAR 2022/23 Burrtec Waste & Recycling Palm Desert, CA waste and recycling services California SteepleJack.com online Flagpole related services Calportland Thousand Palms, CA Specialized and regular concrete supplier Carl The Concrete Pumper Palm Springs, CA Concrete pump services Clean River Recycling Solutions Aurora, Ontario, Canada Internal waste and recycling containers Coachella Valley Compost Facility - Burrtec Indio, CA Compost Commercial Door Company Pomona, CA Door supplies and repairs Command One Security Thousand Palms, CA Alarm and security services Commercial Transportation Services San Dimas, CA Training and certification Consolidated Electric Distributors Palm Desert, CA Electrical supplies and services Cool Solutions Window Tinting Palm Desert, CA Window tinting Cornerstone Restaurant Supply & Design Palm Desert, CA Kitchen Equipment Cove Electric Palm Desert, CA Electrical work Customwood Palm Desert, CA Custom cabinets CV Plastics Cathedral City, CA Protection Screens DD Painting, Inc Cathedral City, CA Painting services D.R. Hydraulics Signal Hill, CA Washout area and hydraulic lift repairs Desert Air Conditioning Palm Springs, CA A/C parts, repairs and services Desert Business Interiors Palm Desert, CA Office furniture supplier Desert Electric Palm Desert, CA Wholesale electric parts, equipment and tools Desert Fire Extinguisher Co.Palm Springs, CA Sprinkler and extinguisher inspections Desert Fountain Gas Supply Palm Springs, CA Appliance parts, service and repairs Desert Napa Auto Parts Palm Desert, CA Automotive parts and equipment Desert Pipe & Supply Aka Palm Desert, CA Wholesale plumbing supplies Page 7 of 15 7/7/2022Page 146 of 563 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT Name Location Remarks PUBLIC WORKS VARIOUS VENDORS AND QUALIFIED SERVICE PROVIDERS LIST FISCAL YEAR 2022/23 Desert Recycling, Inc.Thousand Palms, CA Recycling facility for sand, asphalt, concrete and other street materials Desert Sewer Supply, Inc. Thousand Palms, CA Sewer & Drain Supplies Dunn Edwards Paints Bermuda Dunes, CA Paint supplies Elite Custom Construction San Jacinto, CA minor construction / repairs Elm's Equipment Rental Indio, CA Equipment rental Endura Steel Thousand Palms, CA Metal products Envirotek Corporation La Canada, CA Graffiti removal supplies Fastenal Winona, MN Traffic related product and services. FirstChoice Ontario, CA Coffee and breakroom supplies FleetServ Fontana, CA Diesel particulate filter cleaning, repairs and parts, and smog for diesel vehicles Forms and Surfaces Company Carpentaria, CA Metal trash / recycle containers Frazee Paint Palm Desert, CA Paint supplies Fuel Pros, Inc.Chino, CA Fuel Pump maintenance and repairs Fulton Distributing Coachella, CA Paper, Janitorial and Chemical supplier Granger's Mechanical Inc aka A#1 Palm Desert, CA plumbing and mechanical services Granite Construction Indio, CA p and cold asphalt, tack oil, sand, gravel, and base materials Griffiths Fence Indio, CA Fence repairs and supplier of sand fence and hardware Haaker Equipment La Verne, CA Equipment and repairs Hammer Plumbing Cathedral City, CA Plumbing services and repairs HDS White Cap Palm Desert, CA pp pp equipment not generally available through other retail sources Hajoca Plumbing Palm Springs, CA Plumbing parts, services and repairs Hertz Equipment Rental Indio, CA Equipment rental Hi-Line Dallas, TX Electronic Connectors and fasteners High Tech Mailing Services Palm Desert, CA Mailing services for promotional publications Page 8 of 15 7/7/2022Page 147 of 563 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT Name Location Remarks PUBLIC WORKS VARIOUS VENDORS AND QUALIFIED SERVICE PROVIDERS LIST FISCAL YEAR 2022/23 Houston Lumber Indio, CA Supplier of lumber and construction supplies Inland Bobcat Riverside, CA Equipment repairs Inland Power Equipment Indio, CA Parts and services for small equipment Interstate Battery Center Palm Desert, CA Various batteries J&W Carpet and Upholstery Cleaning Palm Desert, CA Carpet and upholstery cleaning Joni Upholstery Palm Desert, CA Local upholstery facility for fleet and building needs Jon's Flags and Poles Riverside, CA American Flags, Palm Desert Flags and Flag accessories JR Thomas Rancho Mirage, CA Golf cart repairs Kartal Company dba Red Carpet Carwash Palm Desert, CA Washing of City vehicles Killer Bee Pest Control Desert Hot Springs, CA Bee removal Lock Shop, Inc.Indio, CA Lock and key maintenance and supplies Lowe's Home Centers Palm Desert, CA Street and building maintenance misc supplies Magik Glass & Door Palm Springs, CA Commercial glass replacement and automatic door repair Martin Mobile Golf Cars Palm Desert, CA Preventive maintenance, parts, and repairs to golf carts and club carts Mowers Plus Palm Desert, CA small equipment repairs Omega Industrial Supply, Inc.Fairfield, CA Graffiti removal supplies Otis Elevator Company San Diego, CA Elevator service and repairs Ozzie's International Palm Desert, CA Automotive parts, equipment and repairs Painters Warehouse Palm Desert, CA painting supplies Palm Desert Transmission Palm Desert, CA Repair and service of vehicle transmissions Palm Desert Ace Hardware Palm Desert, CA misc bldg and street maint supplies Palmer Electric, Inc.Palm Desert, CA misc electrical and lighting services Palms to Pines Palm Desert, CA Automotive parts, equipment and repairs Parkhouse Tires Thousand Palms, CA Vehicle and large equipment tires, and on-road emergency service Page 9 of 15 7/7/2022Page 148 of 563 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT Name Location Remarks PUBLIC WORKS VARIOUS VENDORS AND QUALIFIED SERVICE PROVIDERS LIST FISCAL YEAR 2022/23 Pete's Road Service Coachella, CA BIT quarterly inspections, service and repairs to City fleet and equipment Pittsburg Paint / PPG Palm Desert, CA Paint supplies and graffiti removal supplies Placencia Mirror & Glass, Inc.Palm Desert, CA Glass replacement and repairs Plain Panes Window Cleaning Srvs Palm Desert, CA Window cleaning services Powerstride Battery Co.Palm Desert, CA Equipment parts and repairs Red Hawk Fire and Security City of Orange, CA Fire and security systems Refrigeration Supplies Distributor Thousand Palms, CA Refrigeration supplies Safeway Signs Adelanto, CA street signs Sam's Fencing Thermal, CA Fence repairs and supplier of sand fence and hardware Scott Morrison and Associates Cathedral City, CA Asbestos inspections, removal and consulting services SERVPRO of Palm Desert Palm Desert, CA Fire, water, hazardous materials cleanup and restoration; a/c duct cleaning Simplot Partners Palm Desert, CA street maint supplies Signarama Palm Desert, CA Custom signs Skyline Safety and Supply Lakewood, CA Safety supplies Sonsray Machinery, LLC Los Angeles, CA Construction equipment rentals and repairs Staples Business Center San Bernardino, CA office furniture and supplies Statewide Traffic Safety & Signs Riverside, CA Sign fabrication Superco Specialty Products Valencia, CA Graffiti removal supplies Superior Ready Mix Concrete Indio, CA Concrete supplier for PW large concrete projects The Garland Company Corona, CA Roof material products Top of the Line Signs Palm Desert, CA Signage Top-Line Industrial Supply Beaumont, CA Industrial supplies Tops N Barricades Indio, CA Traffic related product and services Tri-State Materials Nuevo, CA street maint supplies Page 10 of 15 7/7/2022Page 149 of 563 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT Name Location Remarks PUBLIC WORKS VARIOUS VENDORS AND QUALIFIED SERVICE PROVIDERS LIST FISCAL YEAR 2022/23 United Refrigeration Palm Desert, CA A/C parts and services United Rentals Cathedral City, CA Equipment rental Unisource Rancho Cucamonga, CA Cleaning, paper and plastic supplies Valley Tractor & Forklift Repair Thermal, CA Equipment repairs Velasquez Auto Body Palm Desert, CA Auto body repairs for City Fleet Victor's Gate and Fence Palm Desert, CA Welding materials, repairs and fabrications Vortex Palm Springs, CA Door and security gate services and repairs Walters Wholesale Electric Palm Desert, CA Electrical supplies and services Water Equipment Technology Orange, CA water clarifier services and supplies Waxie Thousand Palms, CA Cleaning, paper and plastic products Webstaurant Store, Inc.Lititz, PA Waste and recycling containers for business recycling implementation White's Steel Indio, CA Welding materials, repairs and fabrications Zumar Industries Santa Fe Springs, CA Sign fabrication for signs and specialty signs Page 11 of 15 7/7/2022Page 150 of 563 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT Name Location Remarks A-G Sod Farm, Inc.Thermal, CA Sod Andy's Landscape & Tree Palm Desert, CA Landscape and tree related services Apollo Wood Recovery, Inc.Ontario, CA Sports and Playground equipment and supplies Armstrong Growers Glendora, CA Landscape related supplies Automated Power Specialities Riverside, CA Irrigation pump maintenance, repairs, and parts BARCO Park Products Batavia, IL Low-price provider of required park amenities Barkshire Laser Leveling San Clemente, CA Field leveling Bee One with Nature Live Bee Removal Desert Hot Springs live bee removal Best Bag Company Chino, CA Dog Park Supplies Best Signs Palm Springs, CA Signage and advertising supplies BSN Sports Dallas, TX Sports and Playground equipment and supplies California Desert Nursery Bermuda Dunes, CA Nursery Cameron Nursery Bermuda Dunes, CA Plant material Color Connection Hemet, CA Nursery Consolidated Electric Distributors Palm Desert, CA Electrical supplies and services Courtmaster Sports, Inc.N. Palm Springs, CA Tennis Court Repair Custom Mist Creation Rancho Mirage, CA Mist services and maintenance Desert Electric Supply Palm Desert, CA Wholesale electric parts, equipment and tools Desert Pipe & Supply Palm Desert, CA Plumbing supplies Desert Tree Spraying aka On the Fly Indian Wells, CA Pest Control Services Dragon's Exterminator Indio, CA Pest Control Earthworm Organics Corporation Thermal, CA Compost EMCOR Services aka Mesa Energy Systems Irvine, CA Pump Maintenance Environmental Products & Applications Palm Desert, CA Soil stabilization, dust control Earth Rated Montreal, Quebec Biodegradable dog litter bags COMMUNITY SERVICES VARIOUS VENDORS AND QUALIFIED SERVICE PROVIDERS LIST FISCAL YEAR 2022/23 Page 12 of 15 7/7/2022Page 151 of 563 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT Name Location Remarks COMMUNITY SERVICES VARIOUS VENDORS AND QUALIFIED SERVICE PROVIDERS LIST FISCAL YEAR 2022/23 Ewing Irrigation Indio, CA Irrigation and landscape supplies Foster-Gardner, Inc.Coachella, CA Fertilizer Frazee Paint Palm Desert, CA Paint supplies Fulton Distributing Coachella, CA Cleaning, paper and plastic supplies GameTime Wellsville, Utah Playground parts and equipment Great Western Installations c/o Great Western Park and Playground Wellsville, Utah Playground parts and equipment Green Desert Nursery Indio, CA Nursery Greenday LLC Indio, CA Park supplies Griffiths Fence Indio, CA Fencing Hammer Pumping Cathedral City, CA Plumbing and pumping services Hermann Design Group Palm Desert, CA Landscape Design High Tech Irrigation Palm Desert, CA Irrigation and landscape supplies Horizon Lighting, Inc.Irvine, CA Electrical and lighting maintenance and repairs Hydro-Scape Products Palm Desert, CA Irrigation and landscape supplies Imperial Sprinkler Supply Anaheim, CA Irrigation and landscape supplies Innovative Playgrounds Co., LLC Whittier, CA Playground repairs and supplies Jet Mulch, Inc.Capitola, CA Playground repairs and supplies Joseph Trombino Electric Palm Desert, CA Electrical and lighting maintenance and repairs Killer Bee Pest Control N. Palm Springs, CA Bee removal Knorr Systems, Inc. Santa Ana, CA Pool equipment and repairs Kompan, Inc.Flugerville, TX Playground parts and equipment KYA Services, LLC Santa Ana, CA Facilities maintenance and improvements Lance Killer Bee Removal Palm Desert, CA Bee removal Little Tikes Commercial Palm Desert, CA Playground parts and equipment Miracle Recreation Equipment Dallas, TX Playground parts and equipment Page 13 of 15 7/7/2022Page 152 of 563 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT Name Location Remarks COMMUNITY SERVICES VARIOUS VENDORS AND QUALIFIED SERVICE PROVIDERS LIST FISCAL YEAR 2022/23 Modern Misting Systems Palm Desert, CA Mister system parts and repairs Moller's Garden Center, Inc.Palm Desert, CA Nursery Moon Valley Nurseries Coachella, CA Nursery Most Dependable Fountains Arlington, TN Outdoor drinking fountains and parts Mt. States Wholesale Nursery Phoenix, AZ Supplier of southwest desert plant material Mulchmaster San Juan Capistrano, CA Playground repairs and supplies Multi W Systems El Monte, CA irrigation pump misc repairs Natina-Desert Varnish Solutions Thermal, CA Landscape restoration Pacific Play Systems, Inc dba PlayPower Carlsbad, CA Playground parts and equipment Pacific Tennis Courts Moorpark, CA Tennis Court Repair Palm Springs Pest Palm Springs, CA Pest Control Palm Springs Tennis Courts Palm Springs, CA Tennis Court Repairs and supplies Palm Springs Welding Palm Springs, CA Fence installation, maintenance, and repairs Petco Palm Desert, CA Dog Park Supplies Play Smart Surfacing Redlands, CA Playground surfacing PlayPower LT Farmington, Inc. dba Pacific Park and Playground Huntington Beach, CA Playground parts and equipment Price's Nursery Cathedral City, CA Crane service and nursery Pro Pet Distributors Orlando, FL Biodegradable dog litter bags PS Commercial Play LLC dba Play and Park Structures Chattanooga, Tennessee Playground and park equipment supplier Randy G. Myers & Nurseries Palm Desert, CA Nursery Recreation Brands of Southern California Escondido, CA Park and playground equipment supply and installation Recycle Design Benches Anderson, IN Recycled parks amenities Reliable Tree Works Coachella, CA Tree maintenance services RJ Thomas Mfg Co. aka Pilot Rock Cherokee, IA Park supplies and equipment RTK Refrigeration Desert Hot Springs, CA Appliance repairs Page 14 of 15 7/7/2022Page 153 of 563 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT Name Location Remarks COMMUNITY SERVICES VARIOUS VENDORS AND QUALIFIED SERVICE PROVIDERS LIST FISCAL YEAR 2022/23 Rudy's Termite & Pest Control Indio, CA Pest Control Services S and G Pumping Palm Desert, CA Waste pumping services SA Organics Recycling Thousand Palms, CA Compost Sam's Fencing Thermal, CA Fencing and supplier of sand fence and hardware Shade Structures Costa Mesa, CA Shade supplies Shade System Ocala, FL Shade supplies Signarama Palm Desert, CA Signage and advertising supplies and repairs Simplot Partners Palm Desert, CA Irrigation and landscape supplies SiteOne Landscape Supply Palm Desert, CA Irrigation and landscape supplies So-Cal Sports Cathedral City, CA Sports Field Supplies South Coast Piering DBA: Saber Lake Elsinore, CA General masonry and repairs Southwest Aquatics Palm Desert, CA Water maintenance services Southwest Boulders Cathedral City, CA Rock, cobble and boulders Sun Country Systems, Inc.Santa Clarita, CA Playground parts and equipment The KYA Group Santa Ana, CA Facility maintenance and repairs The Lock Shop Palm Desert, CA Locksmith and supplies TJ Janca Playground Surfacing Silverado, CA Rubberized playground surfacing repair and installation Tomark Sports Corona, CA Sports equipment and supplies Top of the Line Signs La Quinta, CA Signage and advertising supplies Urban Oasis Anaheim, CA Park shelters and supplies USA Shade & Fabric Structures Costa Mesa, CA Shade Structure Repair and Installation Utility Tree Service Victorville, CA Utility line clearance services Waxie Thousand Palms, CA Cleaning, paper and plastic products West Coast Turf Palm Desert, CA Turf and turf products Zero Waste USA San Diego, CA Park supplies Page 15 of 15 7/7/2022Page 154 of 563 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 14, 2022 PREPARED BY: Cora L. Gaugush, Management Specialist II REQUEST: RATIFY CONTRACT WITH COMMERCIAL DOOR COMPANY, INC., FOR EMERGENCY REPLACEMENT OF THREE APPARATUS BAY DOORS AT FIRE STATION NO. 33 (PROJECT NO. 762-23A-1) RECOMMENDATION: Ratify contract with Commercial Door Company, Inc., for the emergency replacement of three apparatus bay doors at Fire Station No. 33 in the amount of $182,700. BACKGROUND/ANALYSIS: Fire Station No. 33 is a high priority facility that averages 15 emergency calls per day. Response time is critical for public health and safety. The Riverside County response standard to an emergency is five minutes from the tones in the station to personnel exiting the equipment on scene. The three apparatus bay doors at Fire Station No. 33 are damaged beyond repair and are either non-operational or open and close in about 56 seconds per call. Due to the urgency of the matter, on June 16, 2022, staff requested and received approval from the City Manager for the emergency replacement of the three apparatus bay doors under Municipal Code Exceptions to the Procurement Method, Section 3.30.160C-Emergency. With this approval, staff has placed the order and is entering into an agreement with Commercial Door Company to replace the three apparatus bay doors with a Cookson product (the preferred and specified door utilized by Riverside County) that includes high-speed motors that open and close in a total of just 12 seconds. Attached is the City Manager approved memo that provides further information detailing the reason for the emergency request and the cost to replace three apparatus bay doors at Fire Station No. 33. As noted in the memo, staff is now requesting ratification of the City Manager’s approval by the City Council. FINANCIAL IMPACT: The total cost for replacement of the bay doors is $182,700, which is available in the Fire Fund Capital Project Account No. 2334220-4331000; therefore, there is no financial impact to the General Fund. REVIEWED BY: Department Director: Andy Ramirez, Deputy Director of Public Works Finance Director: Veronica Chavez Assistant City Manager: Andy Firestine City Manager: L. Todd Hileman Page 155 of 563 City of Palm Desert Ratification of the City Manager Approval of Fire Station 33 Door Replacement Page 2 of 2 ATTACHMENTS: 1. Memo to the City Manager dated June 16, 2022; Quote-Commercial Door Company, Inc. Page 156 of 563 Page 157 of 563 Page 158 of 563 Page 159 of 563 Page 160 of 563 Page 161 of 563 [This page has intentionally been left blank.] Page 162 of 563 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 14, 2022 PREPARED BY: Amy Lawrence, Special Programs Manager REQUEST: ACCEPT DONATION OF SCULPTURE, DESERT SPIRIT BY ARTIST JOHN RICHEN, TO BE INCLUDED IN THE CITY’S PERMANENT PUBLIC ART COLLECTION RECOMMENDATION: 1. Accept donation from Ms. Ruth H. Layton of sculpture, Desert Spirit by artist John Richen, to be included in the City’s permanent public art collection; 2. Authorize the City Manager to sign Deed of Gift to City of Palm Desert form; and 3. Authorize expenditures up to $1,000 for costs associated with installation of the sculpture. Funds are available in Account Number 4364650-4337200. BACKGROUND/ANALYSIS: Ms. S. Leslie Marchetti recently contacted staff on behalf of her client, Ms. Ruth H. Layton, with an offer to donate a one-of-a-kind Native American themed artwork entitled Desert Spirit by artist John Richen for inclusion in the City’s permanent public art collection. The artwork is made of stainless steel and bronze and measures 42” wide x 72” tall x 4” deep. According to Ms. Marchetti, the artwork is in pristine condition with an approximate value of $32,500 to $35,000. She further indicated that the artwork must be installed indoors. After discussing potential indoor locations at City Hall with staff, it was suggested that the sculpture be installed in the City’s Development Services lobby after its upcoming renovation. The Development Services building is the busiest lobby at City Hall housing the Planning/Land Development, Housing, Permit Center, Building & Safety, Code Compliance, Economic Development, and Public Works departments so the artwork will get a great deal of exposure. If the sculpture is approved for acceptance, staff will work with the City’s public art contractor to have the sculpture crated and stored until it can be installed after the renovation. In 2020, the City accepted donation of the sculpture Two Moons by John Richen which was installed on an exterior wall at City Hall. Additionally, artist John Richen has two other sculptures included in Palm Desert’s permanent collection (i.e., The Messengers located at 73775 Deep Canyon Road and Levi Man located at Tucson Circle and Washington Street). He has also participated in several El Paseo Sculpture Exhibitions. Strategic Plan: Palm Desert’s Public Art Program, particularly accepting the donation of significant artworks, is in line with the Arts & Culture Mini-Vision contained in the Strategic Plan, which states: “Arts and culture give a community its soul. Palm Desert is the cultural core of the Coachella Valley. Cultural tourism drives economic growth in Palm Desert. The community is host to Page 163 of 563 City of Palm Desert Accept Donation of Sculpture, Desert Spirit by Artist John Richen, to be included in the City’s permanent public art collection Page 2 of 2 internationally recognized cultural events that bring significant economic benefits to the City. Palm Desert is a leader in arts education, ensuring a well-rounded population that possesses high levels of creativity and critical thinking skills.” Commission Recommendation: At its regular meeting of May 11, 2022, the Cultural Arts Committee (CAC) unanimously recommended that the City Council accept the donation from Ms. Ruth H. Layton of sculpture, Desert Spirit by artist John Richen, to be included in the City’s permanent public art collection. FINANCIAL IMPACT: If the sculpture is accepted into the collection, the City would be responsible for costs associated with crating and packaging the work, installing the artwork once the lobby renovation is complete, and placement of signage, which is estimated not to exceed $1,000. Ongoing costs for maintenance and insurance would be minimal. Funds for this area available in the Public Art Fund and no General Fund monies will be expended. (Account No. 4364650-4337200) REVIEWED BY: Department Director: Amy Lawrence for Andy Firestine Finance Director: Veronica Chavez Assistant City Manager: Andy Firestine City Manager: L. Todd Hileman ATTACHMENTS: 1. Images of Desert Spirit by John Richen 2. Deed of Gift to the City of Palm Desert from Ms. Ruth H. Layton Page 164 of 563 Page 165 of 563 Page 166 of 563 Page 167 of 563 Page 168 of 563 Page 169 of 563 [This page has intentionally been left blank.] Page 170 of 563 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 14, 2022 PREPARED BY: Thomas Soule, Public Affairs Manager REQUEST: APPROVE OUT-OF-STATE TRAVEL FOR PUBLIC AFFAIRS MANAGER FOR STRATEGIC MARKETING PLANNING IN AUSTIN, TX. RECOMMENDATION: Authorize out-of-state travel for the Public Affairs Manager to travel to Austin, TX, for an in- depth strategic planning session with the City’s creative agency, Idea Peddler. BACKGROUND/ANALYSIS: Each year, the Public Affairs Manager meets for several days with the City’s creative agency to strategically plan the City’s tourism ad campaign and marketing approach for the fiscal year. In the past, one or two team members from the agency have traveled to Palm Desert for these meetings. This year, the team working on the City’s account has grown to accommodate an expanded scope of work. Contract Agreement No. C43390 between Ideapeddler and the City includes funds for travel, but it seemed imprudent to use those funds to bring many people to Palm Desert to meet with one staff member. Instead, staff seeks authorization to use a portion of the travel allowance within the contract to send the Public Affairs Manager to Austin to meet with the entire Idea Peddler team. FINANCIAL IMPACT: There is no additional financial impact to the City. The City’s contract with Ideapeddler includes a travel allowance in an amount not to exceed $24,000 for the 2022/23 fiscal year. Travel costs related to this request will be paid from Ideapeddler’s allowance and invoiced back to the City. Funds have been allocated for this purpose to Contract No. C43390, and are available within the Marketing budget Professional – Other Account No. 1104417-4309000. REVIEWED BY: Finance Director: Veronica Chavez Assistant City Manager: Andy Firestine City Manager: L. Todd Hileman Page 171 of 563 [This page has intentionally been left blank.] Page 172 of 563 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 14, 2022 PREPARED BY: Thomas Soule, Public Affairs Manager REQUEST: ACCEPT LETTERS OF RESIGNATION FROM EPPBID BOARD MEMBERS ELYSSA GOLDBERG AND CHRISTINE STEIN RECOMMENDATION: Accept letters of resignation from EPPBID board members Elyssa Goldberg and Christine Stein. BACKGROUND/ANALYSIS: El Paseo Parking & Business Improvement District (EPPBID) Board Member Elyssa Goldberg submitted a letter of resignation from the Board on May 15, 2022. EPPBID Board Member Christine Stein also submitted a letter of resignation from the Board on June 14, 2022. At its regular meeting on June 16, 2022, the EPPBID Board unanimously voted to accept the resignations, with thanks and recognition of their years of service to the El Paseo district. Staff hereby requests that Council concur with the EPPBID Board and accept the resignations of Elyssa Goldberg and Christine Stein. FINANCIAL IMPACT: No fiscal impact is created by this request. REVIEWED BY: Finance Director: Veronica Chavez Assistant City Manager: Andy Firestine City Manager: L. Todd Hileman ATTACHMENTS: 1. Elyssa Goldberg’s Letter of Resignation 2. Christine Stein’s Letter of Resignation Page 173 of 563 Page 174 of 563 Page 175 of 563 [This page has intentionally been left blank.] Page 176 of 563 [This page has intentionally been left blank.] Page 177 of 563 [This page has intentionally been left blank.] Page 178 of 563 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 14, 2022 PREPARED BY: Vanessa Mager, Management Analyst REQUEST: EXTEND BY ONE YEAR THE SPONSORSHIP CONTRACT BETWEEN THE CITY OF PALM DESERT AND PALM SPRINGS LIFE TO FOR FASHION WEEK EL PASEO AND PALM DESERT FOOD & WINE FESTIVAL FOR FISCAL YEAR 2022/23. RECOMMENDATION: 1. Approve a one-year extension of Contract No. C36310 to Palm Springs Life to sponsor the Fashion Week El Paseo and Palm Desert Food & Wine Festival for Fiscal Year 2022/23; and 2. Authorize waiving of all City-assessed permit and inspection fees pertaining to the event; 3. Authorize the Mayor to execute the agreement for a total of $300,000 sponsorship on behalf of the City and allow the City Attorney to make non-substantive changes. BACKGROUND/ANALYSIS: For more than 15 years the City of Palm Desert has supported Fashion Week El Paseo and Palm Desert Food & Wine Festival. These events have grown into the City’s largest signature events. Both have continued to attract out-of-town visitors, which in turn increases hotel night stays, dinner, and shopping along El Paseo and throughout Palm Desert. In 2018, the City entered into a five-year contract with Palm Springs Life to sponsor these events, which was scheduled to be completed in 2022. However, due to the COVID-19 pandemic, Palm Springs Life had to cancel Fashion Week El Paseo and Palm Desert Food & Wine in both 2020 and 2021. Palm Springs Life proved itself a flexible partner under those circumstances, returning $105,000 of the City’s sponsorship in 2020. In 2021 they created a virtual Palm Desert Food & Wine Festival to continue the Palm Desert event branding, which the City sponsored for $30,000. For those reasons Staff seeks City Council’s approval to extend the original agreement with Palm Springs Life by one year to sponsor the 2023 Fashion Week El Paseo and Palm Desert Food & Wine Festival. Palm Springs Life will be presenting a full recap of the 2022 events to Council at a study session in September, with a look ahead at what’s planned for 2023. Strategic Plan: Approval of Palm Desert’s 2023 Fashion Week El Paseo and Palm Desert Food & Wine Festival would help address the following priorities as specified in the 2013-2033 Strategic Plan, Envision Palm Desert – Forward Together: Page 179 of 563 City of Palm Desert Extend by one year the sponsorship contract between the City of Palm Desert and Palm Springs life to for Fashion Week El paseo and Palm Desert Food & Wine Festival for fiscal year 2022/23. Page 2 of 2 − Economic Development Priority 3: Create and attract entertainment and events to enhance and expand the Palm Desert economy and lifestyle. − Tourism and Marketing Priority 2: Grow existing events and develop new events to enhance the desirability of Palm Desert as a year-round destination. FINANCIAL IMPACT: Funding for these events in the amounts not to exceed $200,000 for Fashion Week El Paseo and $100,000 for Palm Desert Food & Wine Festival were included as part of the FY 2022/2023 Budget and available in City-Sponsored Events Account No.1104800-4306201. REVIEWED BY: Finance Director: Veronica Chavez Assistant City Manager: Andy Firestine City Manager: L. Todd Hileman Page 180 of 563 CONTRACT NO. C36310 CITY OF PALM DESERT EXTENSION TO SPONSORSHIP AGREEMENT FASHION WEEK EL PASEO AND PALM DESERT FOOD & WINE FESTIVAL CONTRACT No. C33610 This EXTENSION (“Extension”) to the Desert Publications, Incorporated dba Palm Springs Life Sponsorship Agreement No. C36310 is made as of July 14, 2022, , (“Effective Date”) by and between the CITY OF PALM DESERT, a municipal corporation, organized under the laws of the State of California, having a principal place of business at 73-510 Fred Waring Drive, Palm Desert, California, (the "City") and Desert Publications, Incorporated dba Palm Springs Life with its principal place of business at 303 N. Indian Canyon Drive, Palm Springs, CA 92262 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties.” RECITALS A. The City of Palm Desert is a municipal corporation, organized under the laws of the State of California. B. The Consultant is engaged in the business of creating entertainment events entitled “Fashion Week El Paseo” and “Palm Desert Food & Wine Festival” (the Events) and has represented to the City that the Contractor is experienced and competent in said business. C. The City and Consultant desire to enter into this Extension to the Agreement. D. The Parties entered into that certain Sponsorship Agreement for creating entertainment events entitled “Fashion Week El Paseo” and “Palm Desert Food & Wine Festival” (the Events) No. C36310, by and between the City of Palm Desert and Desert Publications, Incorporated dba Palm Springs Life, dated July 2017 (“Contract”). NOW, THEREFORE, the Parties agree to amend the Contract as follows: 1. Term. The parties agree that the term ("Term") of the Contract shall be extended, for an additional twelve (12) month term beginning July 1, 2022 and ending June 30, 2023. 2. Compensation. Based on the approved annual Community Sponsored Events budget, the total compensation shall not exceed $300,000. All other terms of the Contract to remain unchanged and in full force and effect. [SIGNATURES ON NEXT PAGE] Page 181 of 563 CONTRACT NO. C36310 SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND THE DETAIL 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: Jan C. Harnik Mayor ATTEST: By: Anthony J. Mejia City Clerk APPROVED AS TO FORM: By: Best Best & Krieger LLP City Attorney DESERT PUBLICATION, INC DBA PALM SPRINGS LIFE By: Its: Printed Name: QC Insurance: __________ __________ Initial Review Final Approval Page 182 of 563 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 14, 2022 PREPARED BY: Vanessa Mager, Management Analyst REQUEST: APPROVE THE CITY OF PALM DESERT NEW YEARS EVE CELEBRATION ON EL PASEO RECOMMENDATION: 1. Approve The City of Palm Desert New Years Eve Celebration on El Paseo for Friday, December 30, 2022; 2. Approve road closure on El Paseo between San Pablo Avenue and Larkspur Lane for the 2022 City of Palm Desert New Year’s Eve Celebration on El Paseo; and 3. Permit Consumption/Possession of Alcoholic Beverages on Public Property Pursuant to Palm Desert Municipal Code 9.58.040; BACKGROUND/ANALYSIS: Strategic Plan: Approval of Palm Desert New Year’s Eve event would help address the following priorities as specified in the 2013-2033 Strategic Plan, Envision Palm Desert – Forward Together: − Economic Development Priority 3: Create and attract entertainment and events to enhance and expand the Palm Desert economy and lifestyle. − Tourism and Marketing Priority 2: Grow existing events and develop new events to enhance the desirability of Palm Desert as a year-round destination. Committee Recommendation: Event organizers presented the New Year’s Eve Celebration concept and details to the El Paseo Parking & Business Improvement District at the regular meeting on June 16, 2022. At that meeting, the Board unanimously recommended that the City should approve the New Years Eve Celebration. The Board is excited about the event and is looking forward to spreading the word to all the businesses on the street, so that they may be involved in participating in this exciting and new event. Project Description: Pocial, LocalIQ and El Paseo Jewelers would like to host a New Years Eve event on El Paseo between San Pablo Avenue and Larkspur Lane. This event is proposed to run from 12pm to 8pm on Friday, December 30, 2022. The event will feature live music, local youth program Page 183 of 563 City of Palm Desert Approve the City of Palm Desert New Years Eve Celebration on El Paseo Page 2 of 2 performances, a beer garden, a New Year’s Eve count down, complete with a Diamond drop and more. Additionally, the organizers are working with The Gardens on El Paseo management on approval to utilize areas around their property for additional event space. Upon approval of the event, staff will ensure that all safety precautions and conditions are met. Staff is requesting City Council approval to close El Paseo between San Pablo Avenue and Larkspur Lane for the event from midnight Friday, December 30, 2022, to approximately 2 a.m. on Saturday, December 31, 2022. Additionally, due to the inclusion of a beer garden and consumption of alcoholic beverages at the event, City Council approval is required for Consumption/Possession of Alcoholic Beverages on Public Property Pursuant to Palm Desert Municipal Code 9.58.040. If approved, staff will ensure that organizers obtain the proper permits including an alcohol permit from the Department of Alcohol and Beverage Control (ABC). Organizers will incur all costs for street closures, permits, and all other event-related fees. FINANCIAL IMPACT: There is no direct fiscal impact to the City associated with this request. Organizers of the event will be responsible for all costs related to the event. REVIEWED BY: Finance Director: Veronica Chavez Assistant City Manager: Andy Firestine City Manager: L. Todd Hileman Page 184 of 563 CITY OF PALM DESERT CITY MANAGER’S OFFICE INTEROFFICE MEMORANDUM To: Honorable Mayor and Councilmembers From: Heather Horning, Assistant to the City Manager Date: July 14, 2022 Subject: City Council Agenda (July 14, 2022) Below you will find questions received from the Mayor and/or Councilmembers and answers provided by City staff regarding tonight’s Council meeting agenda. CONSENT CALENDAR – ITEM O: APPROVE THE CITY OF PALM DESERT NEW YEAR’S EVE CELEBRATION ON EL PASEO •Question: Is the New Year’s Event really happening a day early on December 30th? Can you provide more information about the count down with a "diamond drop"? o Answer: This event is scheduled for Friday, December 30th from 12pm to 8pm, and it will not include a “diamond drop” countdown as originally planned. The event organizers agreed that these did not make sense due to the date and time of the event proposed. In future, the organizers plan to implement changes to time and date for future New Year’s Eve events. The organizer is also open to implementing date and times changes in future years, as they build upon this year’s layout and concept. CONSENT CALENDAR – ITEM U: CONSIDERATION OF APPOINTMENT OF APPLICANTS TO FINANCE COMMITTEE AND ARCHITECTURAL REVIEW COMMISSION •Question: Will there be a revised report for this item to reflect the appointments being made to the vacant Commission positions? o Answer: A corrected version of the Vacancies and Appointments Chart is included in the supplemental material provided to City Council prior to the meeting. ACTION CALENDAR – ITEM C: CONSIDERATION OF DESERT WILLOW RESIDENT PROGRAM CHANGES •Question: When was the Desert Willow Resident Golf Rate increased to $52? o Answer: The City Council approved the increase to the Desert Willow Resident Golf Rate on June 28, 2018. The Staff Report and Resolution are attached for reference. Supplemental - Page 1 Page 7 Page 5 Question & Answer Memo Page 2 of 3 ACTION CALENDAR – ITEM J: ADOPT A RESOLUTION DECLARING THE CITY OF PALM DESERT OWNED PROPERTY LOCATED AT 45656 MOUNTAIN VIEW SURPLUS LAND AND AUTHORIZING STAFF TO RELEASE A NOTICE OF AVAILABILITY FOR THE SALE OF THE PROPERTY •Question: Once the City has complied with the Surplus Land Act and proceeds to sell the property, may offers be ranked based on the quality of the proposed purchaser's plan for preserving the historic value of the property? o Answer: The short answer is yes. The Surplus Land Act dictates that the City must negotiate for 90 days with all viable respondents to the Notice of Availability (NOA) for the property with priority given to the project with the highest level of affordability. The NOA will include all information on the property including zoning and the historic designation. Respondents to the NOA will have to adhere to and take into consideration the requirements of the historic designation if they are proposing to renovate the property. The City would review plans for this property as they would any other historically designated property. After this time period has ended, the City is able to consider the quality of the proposed purchaser’s plan for preserving the historic value of the property when reviewing offers. ACTION CALENDAR – ITEM K: APPROVE A CONTRACT WITH CIRCUIT TRANSIT, INC., IN AN AMOUNT NOT TO EXCEED $200,000 FOR THE OPERATION OF UP TO THREE (3) VENDOR- OWNED EL PASEO COURTESY CARTS AND APPROPRIATE $41,000 FROM UNASSIGNED GENERAL FUND RESERVES •Question: How do the proposed carts from Circuit compare to our current city-owned carts when it comes to access to individuals with mobility limitations? Do we achieve any improvement? o Answer: The City currently has one ADA accessible cart that is available upon request and used during special events when all three carts are being used. The proposal costs from Circuit include three carts, each with six seats, and does not include an ADA accessible cart. Circuit is able to provide the City with an ADA compliant cart with five seats at an additional hourly cost $2.60 per cart. The increase to the total proposed contract amount would be $4,000 to upgrade one cart to an ADA accessible cart. Therefore, the overall budget would increase from approximately $200,000 to $204,000 based on operations of three total carts, with one of them being ADA accessible. •Question: Has staff reached any conclusions about best way to re-deploy our current carts? Do we have another possible use for them? Any chance the Living Desert might want them after their parking lot is expanded? o Answer: Staff does not currently have a plan for redeployment or reuse of the existing Courtesy Carts, but will explore options including their potential sale. Staff plans to bring options forward to the City Council for approval. Supplemental - Page 2 Question & Answer Memo Page 3 of 3 PUBLIC HEARING – ITEM B: APPROVE OUTSIDE AGENCY FUNDING COMMITTEE RECOMMENDATIONS FOR FY 2022/2023 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND USE OF FUNDING, AND ANNUAL ACTION PLAN FOR FY 2022-2023 •Question: Can you provide the comments/reasoning for the CDBG recipients receiving partial or no funding? o Answer: A memo with the comments/reasoning for each of the CDBG recipients receiving partial or no funding is attached. ATTACHMENTS: 1.Item 2C - Resolution 2018-47 Increase DW Resident Golf Rate 2.Item 3B - Memo CDBG Recipients Receiving Partial or No Funding Supplemental - Page 3 Page 21 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 14, 2022 PREPARED BY: Christina Canales, Land Development Technician Rosie Lua, Planning Manager REQUEST: ACCEPT ROUGH GRADING IMPROVEMENTS AND RELEASE THE FAITHFUL PERFORMANCE GRADING BOND FOR TR 37506-1, UNIVERSITY PARK (Tract Map 37506-1) RECOMMENDATION: 1. Accept Rough Grading improvements for Tract Map 37506-1. 2. Release the Faithful Performance Grading Bond in the amount of $302,357.50. BACKGROUND/ANALYSIS: On November 20, 2018, Planning Commission approved by Resolution No. 2745 a request by University Park Investors, LLC (801 San Ramon Valley Blvd., Suite F, Danville, CA 94526) to construct a 174+ acre, master planned subdivision located on Gerald Ford Drive between Portola Avenue and Pacific Avenue. Tract Map No. 37506-1 is phase I of this project that includes 16 public streets, two (2) public parks, and 236 single family lots. A grading bond in the amount of $302,357.50 for Faithful Performance was submitted for rough grading improvements at the time of map approval. On June 30, 2022, the Public Works Department verified the completion of rough grading improvements for Phase I of the project. A Record Drawing of the improvements is on file in the Development Services Department. Staff recommends that the City Council authorize the acceptance of the rough grading improvements and the release of the Faithful Performance Bond. Strategic Plan: This action has no impact on the Strategic Plan. FINANCIAL IMPACT: There is not fiscal impact associated with this action. REVIEWED BY: Department Director: Martin Alvarez Finance Director: Veronica Chavez Assistant City Manager: Andy Firestine City Manager: L. Todd Hileman Page 185 of 563 City of Palm Desert Accept Rough Grading Improvements and Release the Faithful Performance Rough Grading Bond for TR 37506-1, University Park Page 2 of 2 ATTACHMENTS: 1. Vicinity Map 2. Phase I Grading Bond Page 186 of 563 Page 187 of 563 Page 188 of 563 Page 189 of 563 Page 190 of 563 Page 191 of 563 Page 192 of 563 Page 193 of 563 TR 37506-1 UNIVERSITY PARK PHASE I LOCATION MAP Legend 4,8161: Notes Circulation Network Streets City Boundary Parcels (10/2020) Page 194 of 563 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 14, 2022 PREPARED BY: Christina Canales, Land Development Technician Rosie Lua, Planning Manager REQUEST: ACCEPT PUBLIC IMPROVEMENTS, RELEASE THE FAITHFUL PERFORMANCE AND THE LABOR AND MATERIALS BONDS, AND ACCEPT A MAINTENANCE BOND FOR TR 37506-1, UNIVERSITY PARK RECOMMENDATION: 1. Accept public improvements. 2. Release the Faithful Performance Bond in the amount of $2,821,992.00 and Labor and Materials Bond in the amount of $2,821,992.00. 3. Accept the Maintenance Bond in the amount of $282,199.20. BACKGROUND/ANALYSIS: On November 20, 2018, Planning Commission approved by Resolution No. 2745 a request by University Park Investors, LLC (801 San Ramon Valley Blvd., Suite F, Danville, CA 94526) to construct a 174+ acre, master planned subdivision located on Gerald Ford Drive between Portola Avenue and Pacific Avenue. Tract Map 37506-1 is Phase I of this project that includes 16 public streets, two (2) public parks, and 236 single family lots. Bonds in the amount of $2,821,992.00 for Faithful Performance and $2,821,992.00 for Labor and Materials were submitted for public improvements at the time of tract map approval. On June 30, 2022, the Public Works Department verified the completion of all public improvements in Phase I of the project. Additionally, the Engineer of Record has submitted a Letter of Certification verifying the completion of improvements. Requirements for this phase can be found in the approved street and storm drain plan E-991 and the approved Engineer’s Estimate. Public improvements completed in this phase include street improvements, storm drain improvements, sidewalks, curb ramps, and driveway approaches. A Record Drawing of the improvements is on file in the Development Services Department. Pursuant to the Palm Desert Municipal Code Section 26.28.140, the City of Palm Desert requires the acceptance of a ten percent Maintenance Bond for a one-year period after completion of improvements. The developer has submitted a bond in the amount of $282,199.20. Page 195 of 563 City of Palm Desert Accept off-site improvements, release the Faithful Performance and the Labor and Materials Bonds, and accept a Maintenance Bond for TR 37506-1 University Park Page 2 of 2 Staff recommends that the City Council authorize the acceptance of public improvements, the release of the Faithful Performance and Labor and Material Bonds, and the acceptance of the maintenance bond. Strategic Plan: This action has no impact on the Strategic Plan. FINANCIAL IMPACT: With the approval of this action the City of Palm Desert will be responsible for the maintenance of the public improvements including street, storm drain, and sidewalks. REVIEWED BY: Department Director: Martin Alvarez Finance Director: Veronica Chavez Assistant City Manager: Andy Firestine City Manager: L. Todd Hileman ATTACHMENTS: 1. Vicinity Map 2. Faithful Performance and Labor and Material Bonds 3. Maintenance Bond Page 196 of 563 Page 197 of 563 Page 198 of 563 Page 199 of 563 Page 200 of 563 Page 201 of 563 Page 202 of 563 Page 203 of 563 Page 204 of 563 Page 205 of 563 Page 206 of 563 Page 207 of 563 Page 208 of 563 Page 209 of 563 Page 210 of 563 Page 211 of 563 Page 212 of 563 Page 213 of 563 Page 214 of 563 Page 215 of 563 TR 37506-1 UNIVERSITY PARK PHASE I LOCATION MAP Legend 4,8161: Notes Circulation Network Streets City Boundary Parcels (10/2020) Page 216 of 563 Page 1 of 2 PALM DESERT HOUSING AUTHORITY STAFF REPORT MEETING DATE: July 14, 2022 PREPARED BY: Jessica Gonzales, Senior Management Analyst REQUEST: APPROVAL OF AN AMENDMENT TO CONTRACT NO. HA-40360 WITH SOUTHWEST PROTECTIVE SERVICES, INC. FOR COURTESY PATROL SERVICES AT THE PALM DESERT HOUSING AUTHORITY PROPERTIES IN A TOTAL AMOUNT NOT TO EXCEED $138,580 RECOMMENDATION: 1. Approve an Amendment (“Amendment”) to Contract No. HA-40360 with Southwest Security Service, Inc. for courtesy patrol services at the Palm Desert Housing Authority (“Authority”) properties effective September 1, 2022, for a one-year term in a total annual amount not to exceed $138,580 (includes annual amount not to exceed $128,580 and up to $10,000 for additional services to be requested as needed); and 2. Authorize the Chairman and/or the Executive Director to execute the Amendment and any documents necessary to effectuate and implement the actions taken herewith. BACKGROUND/ANALYSIS: On August 27, 2020, the Authority Board approved a contract with Southwest Protective Services, Inc.(“Southwest”) for the purpose of providing courtesy patrol services for a two-year term contract through August 31, 2022. The contract allows the parties to extend the term of the contract for an additional three (3) additional one-year term. Southwest has been performing satisfactorily and offered the option to renew the existing contract. Staff has negotiated a 1-year amendment to the existing contract to bring the proposed amendment to expire August 31, 2023. The 1-year amendment is 10.58% higher than that of September 1, 2021, through August 31, 2022, or $12,300. This increased cost is significantly due to the increased price in fuel and minimum wage increase effective January 1, 2023. Southwest’s courtesy patrol services provide for both vehicle and foot patrol services at all Palm Desert Housing Authority properties. Southwest offers DesertTrack, a high quality and advanced technology that monitors patrol officer’s location and operates a local Coachella Valley dispatch center 24/7/365. In addition, the patrol officers are equipped with body worn cameras and Southwest Security references over 60 years of combined Team experience and knowledge in the local security industry. Staff is requesting an additional $10,000 to provide optional services at the request of the Authority as needed. This would include services such as additional patrol hours, patrol officers, weekend coverage, or any unexpected events, etc. The cost of the additional services will vary depending on what services are requested. Staff is recommending approval of an extension to the contract for one (1) additional year, Page 217 of 563 City of Palm Desert Housing Authority – 1st Amendment HA-40360 Page 2 of 2 effective September 1, 2022. Strategic Plan: This request represents routine administrative business of the Authority. This request does not apply to a specific strategic plan goal. Commission Recommendation: The Housing Commission will review this recommendation at its regular meeting of July 13, 2022. Upon request, a verbal report will be provided at the Authority’s regular meeting of July 14, 2022. FINANCIAL IMPACT: The fiscal impact of this contract is the cost of the current contract based on the courtesy patrol services with the added increase in the total annual amount of $138,580. Monies are available in the Authority’s operating budget, in the appropriate Authority accounts for each property. REVIEWED BY: Department Director: Martin Alvarez Special Counsel to the Housing Authority: Robert Hargreaves Finance Director: Veronica Chavez Assistant City Manager: Andy Firestine Executive Director: L. Todd Hileman ATTACHMENTS: 1. Original Courtesy Patrol Services Agreement with Southwest Protective Service, Inc. 2. Amendment No.1, an Agreement to extend the term of Contract HA-40360. 3. Southwest Proposal for services September 1, 2022, through August 31, 2023. Page 218 of 563 Page 219 of 563 Page 220 of 563 Page 221 of 563 Page 222 of 563 Page 223 of 563 Page 224 of 563 Page 225 of 563 Page 226 of 563 Page 227 of 563 Page 228 of 563 Page 229 of 563 Page 230 of 563 Page 231 of 563 Page 232 of 563 Page 233 of 563 Page 234 of 563 CONTRACT NO. HA40360 AMENDMENT NO.1 TO THE COURTESY PATROL SERVICES AGREEMENT BETWEEN THE PALM DESERT HOUSING AUTHORITY AND SOUTHWEST PROTECTIVE SERVICE, INC., DBA SOUTHWEST SECURITY, CORP. 1. Parties and Date. This Amendment No. 1 to the COURTESY PATROL SERVICES AGREEMENT is made and entered into as of this 14th day of July 2022, by and between the Palm Desert Housing Authority (“Housing Authority”) and Southwest Protective Service, Inc dba Southwest Security., a Corporation with its principal place of business at 45100 Golf Center Parkway, Suite E, Indio, CA 92201 (Consultant). The Housing Authority and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.” 2. Recitals. 2.1 Agreement. The Housing Authority and Consultant have entered into an agreement entitled Courtesy Patrol Services Agreement dated August 27, 2020 (“Agreement” or “Contract”) for the purpose of retaining the services of consultant to provide Security Patrol Services for Palm Desert Housing Authority Properties. 2.2 Amendment. The Housing Authority and Consultant desire to amend the Agreement to extend the term and for additional compensation. 2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 3.1.2 of the Agreement. 3. Terms. 3.1 Term. Section 3.1.2. of the Agreement is hereby amended in its entirety to read as follows: 3.1.1 The term of this Agreement shall be from September 1, 2022, to August 31, 2023, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. 3.2 Compensation. Section 3.3.1. of the Agreement is hereby amended in its entirety to read as follows: 3.2.1 Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "1" attached hereto and incorporated herein by reference. The total compensation shall not exceed one hundred twenty-eight thousand and five hundred eighty dollars ($128,580) without written approval of the City’s Director Page 235 of 563 Contract No. HA40360 Page 2 of 4 Revised 11-2-20 BBK 72500.00001\32445060.1 of Public Works or his/her designee. Extra work may be authorized as described below, and if authorized, will be compensated at the rates an d manner set forth in this Agreement. Exhibit 1. 3.3 Continuing Effect of Agreement. Except as amended by this Amendment No. 1 all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1. 3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1. 3.5 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.6 Counterparts. This Amendment No. 1 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. [SIGNATURES ON FOLLOWING PAGE] Page 236 of 563 Contract No. HA40360 Page 3 of 4 Revised 11-2-20 BBK 72500.00001\32445060.1 SIGNATURE PAGE FOR AMENDMENT NO. 1 TO COURTESY PATROL SERVICES AGREEMENT BETWEEN THE PALM DESERT HOUSING AUTHORITY AND SOUTHWEST PROTECTIVE SERVICES, INC. IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 1 to the Courtesy Patrol Services Agreement as of the day and year first above written. PALM DESERT HOUSING AUTHORITY Approved By: L. Todd Hileman, Executive Director Attested By: Anthony J. Mejia, Secretary APPROVED AS TO FORM: By: Robert W. Hargreaves Best Best & Krieger LLP Special Counsel SOUTHWEST PROTECTIVE SERVICES, INC. Signature Name Title Signature Name Title QC: ____________ Insurance: _________ _________ Initial Review Final Review Page 237 of 563 Contract No. HA40360 Page 4 of 4 Revised 11-2-20 BBK 72500.00001\32445060.1 Exhibit 1 Page 238 of 563 Page 239 of 563 Page 240 of 563 Page 1 of 2 PALM DESERT HOUSING AUTHORITY STAFF REPORT MEETING DATE: July 14, 2022 PREPARED BY: Jessica Gonzales, Senior Management Analyst REQUEST: STREAMLINE THE USE OF NAMED VENDORS OF THE PALM DESERT HOUSING AUTHORITY (“AUTHORITY”) BY GRANTING AN EXCEPTION TO THE BIDDING REQUIREMENTS AND APPROVING THE AUTHORITY VENDOR LIST. RECOMMENDATION: 1. Grant an exception to the bidding requirements, as provided for by Section 3.30.160(K) of the Palm Desert Municipal Code; and 2. Approve the Authority Vendor List pursuant to 3.30.160(K) for the purposes of providing recurring, routine contractual services, including maintenance work, materials, supplies, and equipment effective July 15, 2022, not to exceed $50,000, or as noted on the vendor list, for each named vendor per property (in a 12-month period). BACKGROUND/ANALYSIS: The Authority owns and operates fifteen (15) properties that includes approximately 1,100 residential rental units. Pursuant to Section 3.30.160(K) of the Municipal Code, the Authority may create an open vendor list for the purposes of obtaining routine and recurring contractual services, including maintenance work, and materials, supplies, and equipment by obtaining competitive pricing in the best interests of the Authority and City from each vendor and establishing a threshold for each vendor, at the recommendation of the Executive Director/City Manager and approval by the Authority Board. By creating the attached list, vendors may be utilized by staff and the contracted management company to provide routine, recurring contractual services, including maintenance work, and materials, supplies, and equipment to each of the fifteen (15) properties. The contracted management company has a responsibility to obtain the best prices and throughout the year obtains quotes on varying items depending on the type of supply, service, or maintenance to be completed. Generally, more than one vendor has been listed to ensure availability and competitive pricing. Quotes are requested of local vendors, as well as outside the area, to ensure competitive pricing. This list does not preclude any vendor or service provider from providing pricing for their services during the time the list is active. Fifty-three percent (53%) of the listed vendors are local in the Coachella Valley, nine percent (9%) of the listed vendors are outside the Coachella Valley but within Riverside County and remainder thirty-eight percent (38%) are outside of Riverside County. Whenever possible, local vendors are used for the desired supplies and services. On May 23, 2022 a notice inviting interested vendors was posted soliciting submittal of qualifying information to be included on the list. The attached list has been revised and supersedes all previous vendor lists and amendments. Vendors on the approved open vendor list will be utilized Page 241 of 563 City of Palm Desert Housing Authority – Authority Vendor List, effective July 15, 2022 Page 2 of 2 at any one property in an amount not to exceed $50,000 or as noted on the vendor list, per property, per fiscal year. Otherwise, procurement of services and/or supplies provided by one vendor at any one property will follow the standard procedure for procurement pursuant to the Palm Desert Municipal Code. Staff will request changes to the list from time to time as is necessary to ensure quality, reliability, competitive pricing, and availability of contractual services, including maintenance work, and materials, supplies, and equipment providers. Staff requests approval of this request to facilitate the continued routine, recurring maintenance of the Authority properties. Strategic Plan: The request represents routine administrative business of the Palm Desert Housing Authority. This request does not apply to a specific strategic plan goal. Commission Recommendation: The Housing Commission will review this recommendation at its regular meeting of July 13, 2022. Upon request, a verbal report will be provided at the Authority’s regular meeting of July 14, 2022. FINANCIAL IMPACT: There is no direct fiscal impact with the approval of the request except for the cost for the contractual services and/or materials, supplies, and equipment. Nonetheless, without having a vendor list established, there is a potential for loss of net revenue due to the timing constraints associated with scheduling routine maintenance items from vendors who have not previously provided pricing. REVIEWED BY: Department Director: Martin Alvarez Finance Director: Veronica Chavez Assistant City Manager: Andy Firestine Executive Director: L. Todd Hileman ATTACHMENTS: 1. Notice inviting interested Vendors 2. Palm Desert Housing Authority Vendor List, effective July 15, 2022 Page 242 of 563 PHlM ~f~fRl HOU~ING HUTHOR J ~ ~0~ 73-5 IO FR ED WARI NG D RIVE ~ 1-J~~ P ALM D ESERT, CAI.IFOR N IA 92260-2578 ~ ~+~ T EL : 760 346-061 I <"j, ~IP<o www.cityofpalmdesert.org/housing A) ..>-~ ~ -()~ ------------------------------------~~ The Palm Desert Housing Authority ("Authority") is seeking to enhance our approved vendor list of qualified vJfaors to provide recurring , routine services, supplies, and maintenance for general commercial property and building tasks at the Authority owned and operated properties ("Properties "). Examples of recurring , routine services , supplies, and maintenance include, but are not limited to , the following : General property and building maintenance services, supplies and repairs ; appliances and equipment maintenance and repair ; carpentry ; cleaning services ; concrete work ; any sort of mechanical, plumbing and electrical services; site improvements including parking lot repair and maintenance ; water or sewer damage ; window repair and maintenance and any other necessary services for operation and maintenance of the Properties. Notice is hereby given that any potential qualified vendor, who can provide parts , materials , and /or specialized services as specified and meets the following minimum required cri ter ia, should submit a letter of interest along with a description of the proposed services to be provided and experience relevant to the services and the required documents to be considered to be added to the list. However, being placed on the Vendor List is no guarantee that a vendor will be selected to provide services. MINIMUM QUAL/FICA TIONS: 1. A current California Contractor's License (applicable to the services offered) 2. City of Palm Desert Business License and W-9 3 . California Department of Indu strial Relations (DIR) Contractor's Registration 4 . Proof of Insurance General Liabil it y, Automotive Liability , Workers ' Compensation Insurance and endorsements will be required (With cove rage at least as broad as In su rance Services Offi ce form CG 00 0 1, in an amo unt no t less than $1,000,000 per occurrence, $2 ,000,000 general agg regat e, for bodi ly injury , personal injury, and property damage, in cluding wit hout lim itati on, blanket contractua l lia bility , and a $2,000 ,000 completed operations aggregate). 5 . Execute a contract as part of the response to this invitation , and agree to all terms provis ions. All Vendors will be required to meet the requirements of Labor Code Sections 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 certain "public works " and "maintenance" projects. If any work and services involve an applicable "pub lic works " or "maintenance" project , as defined by the Prevailing Wage Laws , and if the total compensation is $1 ,000 or more , the Vendor must agree to fully comply with such Prevailing Wage Laws . Questions about prevailing wages in the State of California should be addressed to the Division of Labor Statistics and Research , Prevailing Wage Unit, P.O . Box 420603 , San Francisco , CA 94142 or call (415) 703-4774. The Authority and City of Palm Desert ("City") is committed to inclusion and d ivers it y and welcomes proposals and bids from contractors , consultants , and vendors of all faiths , creeds , ancestries , and ethnicities without regard to disability , gender identity , sexual orientation , or immigration status. The Authority and City condemns and will not tolerate prejudice , racism , bigotry , hatred , bullying , or violence towards any group within or outside of our community. For any question and additional information please contact: Teresa Vakili , RPM Company, 72-600 Fred Waring Drive. Palm Desert. CA 92260 (Responses to this invitation must be submitted to this address.) Phone : (760) 674 -1139 E-Mail: TeresaVakili@rpmcompany .com RESPONSES ARE TO BE SUBMITTED IN WRITING IN A SEALED ENVELOPE NO LATER THAN 4:00 P.M . ON MAY 31, 2022 TO TERESA VAKILI AT THE ABOVE NOTED ADDRESS. ONLY HAND DELIVERED OR MAILED PROPOSALS WILL BE ACCEPTED. 0 NIINT£1H~(C'\'CU1P•PU Page 243 of 563 FY 2022/23 Housing Vendor List VENDOR LOCATION SERVICE PROVIDED TELEPHONE NO. 1 Great American Business Mail Order-Houston, TX Replacement Flags/Door Mats/Etc.(800) 676-3979 2 Jayco Industries Apple Valley, CA Mailboxes (800) 587-5257 3 Metalcraft, Inc.Mason City, IA ID Plates and Labels (800) 437-5283 4 Mood Media Charlotte, NC Property Phone Advertising (800) 345-5000 5 MRI Software LLC Solon, OH CallMax (800) 321-8770 6 Peachtree Business Products Mail Order-Atlanta, GA Replacement Flags/Door Mats/Etc.(800) 241-4623 7 Salisbury Industries Los Angeles, CA Mailboxes (800) 562-5377 8 Sign-a-Rama PALM DESERT, CA Signage (760) 776-9907 9 Upbeat, Inc.Mail Order-St. Louis, MO Replacement Flags/Door Mats/Etc.(800) 325-3047 10 WASH Multifamily Laundry Systems El Segundo, CA Laundry Machine Service (800) 421-6897 11 Welcome Home America, Inc.Holly Springs, GA Apartment Marketing Products (800) 937-9424 12 Cantrell Networks Inc Lodi, CA Computer services (209) 331-6700 13 De Lage Landen Financial Services, Inc Wayne, PA Financial services for copier equipment (800) 735-3273 14 Dell EMC Round Rock, TX Computer products and services (512) 513-9936 15 Desert Business Interiors PALM DESERT, CA Office Furniture (760) 340-1112 16 Palm Desert Printing PALM DESERT, CA Printing Service (760) 346-6644 17 Retrotel Palm Springs, CA Phone Products/Repair/Services (760) 778-8175 18 Sparkletts Atlanta, GA Bottle Water Delivery (800) 804-4579 19 Staples PALM DESERT, CA Copier Equipment/Repair/Supplies (760) 341-4814 20 Valley Office Equipment Cathedral City, CA Office Supplies/Equipment (760) 321-1560 a. CARPET CLEANING 21 CleenX Carpet & Tile Cathedral City, CA Carpet Cleaning/Maintenance (760) 328-2923, (760) 340-6623 22 Distinctive Floor Care PALM DESERT, CA Carpet Cleaning/Maintenance (760) 989-4179 23 Express Contractors, Inc.Fontana, CA Carpet Cleaning/Maintenance (951) 360-6500, (909) 376-0865 24 Western Carpet Cleaning, Inc.Ontario, CA Carpet Cleaning/Maintenance (951) 218-6146, (909) 923-7617 Building Maintenance Services Office/Computer Products and Services Apartment Industry Services (typically these services are geared toward this industry) Page 244 of 563 b. HOUSE CLEANING 25 Express Contractors, Inc.Fontana, CA Janitorial/House Cleaning (951) 360-6500 26 Western Carpet Cleaning, Inc.Ontario, CA Carpet Cleaning/Maintenance (951) 218-6146, (909) 923-7617 C. POOL SERVICE 27 Gardner Outdoor and Pool Remodeling Indio, CA Pool Service, Repairs and Remodeling (760) 342-9756 28 Ojeda Pools and Spa La Quinta, CA Pool Service, Repairs and Remodeling (760) 671-1009 29 Service First Santa Ana, CA Pool Service & Repairs (714) 573-2253 30 Teserra Coachella, CA Pool Service & Repairs (760) 340-9000 31 Cintas Cincinnati, OH First Aid Kits (714) 288-8400 32 Ferguson Enterprises Inc.Cathedral City, CA Hardware/Supplies (909) 263-1402 33 Grainger Palatine, IL Hardware/Supplies (800) 472-4643 34 HD Supply Facilities Maintenance San Diego, CA Hardware/Supplies (800) 431-3000 35 Lowe's PALM DESERT, CA Paint/Hardware/Supplies (760) 449-9060 36 Pacific Verticals Murrieta, CA Blinds (951) 677-5114 37 The Home Depot Supply-CRC Rancho Mirage/La Quinta, CA Hardware/Supplies (760)324-0100 / (760)347-8722 38 Waxie Sanitary Supply San Diego, CA Janitorial Supplies (800) 544-8054 39 Appliance Medic Bertheola Thousand Palms, CA Appliance Repair/Parts (760) 3610-9723 40 Desert Pipe & Supply PALM DESERT, CA Water heaters and parts (760) 449-9060 41 J & M Appliance Redlands, CA Appliance Parts (909) 793-6050 42 Lowe's PALM DESERT, CA Hardware/Supplies (760) 449-9060 43 The Home Depot Supply San Diego, CA All Appliances Service/Repairs/Supplies (800) 431-3000 44 Curtis Allan FloorCovering Corona, CA Floor Covering (951) 235-4422 45 Pacific Verticals Inc. Lake Ellsinore, CA Window Coverings (800) 218-5555 46 Reliable Renovation, Inc.Corona, CA Floor Covering (951) 278-8000 47 The Screenmobile Inc Thousand Palms, CA Screen Replacement/Repair (760) 343-3500 48 Brian K Stemmer Construction PALM DESERT, CA Interior / Exterior Repairs & Construction (760) 819-5476 49 Consolidated Electrical Distributors Inc PALM DESERT, CA Specialized Electrical Supplies (760) 568-6869 Electrical Appliance Replacements, Repairs & Services Building Maintenance Supplies Carpet/Vinyl/Window Replacements, Repairs & Services Page 245 of 563 50 Cove Electric PALM DESERT, CA Service/Repairs/Supplies (760) 360-0036 51 Desert Pride Construction & Painting Inc.Coachella, CA Interior / Exterior Repairs & Construction (760)567-1290 52 M. Brey Electric Inc Beaumont, CA Service/Repairs/Supplies (951) 845-5438 53 Advancing Home Performance PALM DESERT, CA Hers testing (760) 851-8648 54 John Harrison Contracting (SCE Energy Efficient Contractor)Banning, CA Service/Repairs/Supplies (760) 322-2653 55 Johnstone Supply PALM DESERT, CA Service/Repairs/Supplies (760) 360-0720 56 Oakridge Energy & Const Redlands, CA Hers testing 951-793-9444 57 Kirkpatrick Landscaping Services Indio, CA Landscape Contractor (760) 347-6926 58 Liberty Landscaping Riverside, CA Landscape Contractor (951) 683-2999 59 Mowers Plus, Inc Bermuda Dunes, CA Landscape Equipment Parts (760) 772-2153 60 Ray Lopez Associates Thermal, CA Landscape Counseling and Planning (760) 206-9696 61 Reliable Tree Works Inc Coachella, CA Tree Removal (760) 848-9483 62 West Coast Arborist, Inc.Anaheim, CA Tree Service (800) 521-3714 63 AEA Plumbing Inc.PALM DESERT, CA Service/Repairs/Supplies (480) 219-6276 64 American Leak Detection Palm Springs, CA Service/Repairs/Supplies (760) 320-8273 65 Brian K Stemmer Construction PALM DESERT, CA Interior / Exterior Repairs & Construction (760) 819-5476 66 Desert Pride Construction & Painting Inc.Coachella, CA Interior / Exterior Repairs & Construction (760) 567-1290 67 Maple Leaf Plumbing, Heating and Air Conditioning PALM DESERT, CA Service/Repairs/Supplies (760) 346-6758 68 Saf Enterprise Inc Indio, CA Service/Repairs/Supplies (760) 775-0911 69 Southwest Plumbing Thousand Palms, CA Service/Repairs/Supplies (760) 343-2345 70 Valley Plumbing Bermuda Dunes, CA Service/Repairs/Supplies (760) 347-3629 71 Best Contracting Services, Inc Gardena, CA Roofing Construction (310) 328-6969 72 Brian K Stemmer Construction PALM DESERT, CA Interior / Exterior Repairs & Construction (760) 819-5476 73 The Garland Company Cleveland, OH Roofing Repairs & Construction (951) 300-8377 74 Above All Awnings PALM DESERT, CA Carports/Awnings/Patio Covers Service (760) 208-2071 75 Acme Moving and Storage PALM DESERT, CA Moving Company (760) 200-1102 76 Air Quality Testing Services PALM DESERT, CA Air Quality Testing (760) 238-6679 Specialty Services Roofing Plumbing Landscape and/or Tree Service HVAC Page 246 of 563 77 Alliance Environmental Azusa, CA Mold/Asbestos/Environmental Remediation and Removal Service (626) 633-3500 78 American Technologies, Inc Orange, CA Mold/Asbestos/Environmental Remediation and Reconstruction Service (951) 682-9200 79 Atlas Awning and Screen Palm Springs, CA Carports/Awnings/Patio Covers Service (760) 327-8466 80 Automated Gate Services Inc Corona, CA Gate and Garage Door Installation/Repair/Service (951) 817-3000 81 AvidXchange Charlotte, NC Accounts Payable system (800) 560-8305 82 Belfor Property Restoration Riverside, CA Mold/Asbestos/Environmental Remediation and Reconstruction Service (951) 682-7000 83 Best Tec PALM DESERT, CA Boiler and Water Heater Specialist (855) 462-3788 84 Best Western Plus Palm Desert Resort PALM DESERT, CA Hotel accommodation (760) 340-4441 85 B.G. Structural Engineering, Inc.PALM DESERT, CA Engineering Services (760) 568-3553 86 Big Sky Gate Keeper La Quinta, CA Pool gate repair (760) 346-9090 87 Bio-One of Temecula Hemet, CA Biohazard Cleaning Service (442) 325-3954 88 Brickley Environmental San Bernardino, CA Mold/Asbestos/Environmental Remediation and Removal Service (909) 888-2010 89 Buck's Stair Treads Fontana, CA Stair Treads (909) 350-9010 90 Cardiff Limousine & Transportation PALM DESERT, CA Transportation (760) 568-1403 91 Clean Harbors Inc Rancho Dominguez, CA Light Bulb Recycling and Hazardous Waste Disposal Service (619) 813-5467 92 Crime Scene Steri-Clean LLC Rancho Cucamonga, CA Environmental Removal and Cleaning Service (888) 577-7206 93 Crossfire Mechanical Bermuda Dunes, CA Boiler and Water Heater Specialist (760) 898-0478 94 Best Tec PALM DESERT, CA Boiler and Water Heater Specialist (855) 462-3788 95 Dave Bang Associates, Inc.Orange, CA Playground equipment supplier (800) 669-2585 96 Desert Fire Extinguisher Palm Springs, CA Fire Extinguisher Replacement/Repair (760) 322-0995 97 Door Pros PALM DESERT, CA Glass Door/Window repairs & replacement (760) 360-9300 98 Duct Pros PALM DESERT, CA Air Duct Cleaning & Sanitizing (760) 202-9894 99 Elite Communications PALM DESERT, CA Phone and Internet Communication Service (760) 470-1393 100 Envirocheck Inc Arcadia, CA Mold/Asbestos/Environmental Testing (800) 665-7586 101 Equifax Verification Services Chicago, IL Employment Verification (800) 366-6660 102 Flood Response Thousand Palms, CA Fire/Water/Mold Cleanup, Remediation and Restoration (760) 343-3933 103 Great Western Installations Inc Logan, UT Playground equipment supplier 104 Henry's Glass and Mirror Bermuda Dunes, CA Glass Repair/Window & Patio Slider Replacement (760) 360-2800 105 Inland Contractors Inc Riverside, CA Mold/Asbestos/Environmental Remediation and Removal Service (951) 658-3156 106 International Paving Services San Bernardino, CA Asphalt Repair (909) 794-2101 107 Kord Fire Protection Palm Springs, CA Fire Extinguisher Replacement/Repair (760) 228-3180 108 Lowe's PALM DESERT, CA Appliance Supplier (760) 449-9060 109 Office Team Los Angeles, CA Staffing Company (760) 836-1877 110 Patton Door & Gate Palm Springs, CA Pool gate repair (760) 320-0788 111 Playground Gallery, LLP Arlington, WA Playground Equipment (800) 306-6333 112 Powerstride Battery Company PALM DESERT, CA Electric Car Equipment/Maintenance (760) 360-7227 Page 247 of 563 113 Precision Garage Door & Gates Yucca Valley, CA Gate and Garage Door Installation/Repair/Service (760) 320-4911 114 Realpage Dallas, TX OneSite Property Management Software (877) 325-7243 115 Robertson Industries, Inc. (Tot Turf)Phoenix, AZ Playground Surfacing (800) 858-0519 116 Sam's Fence Company Thermal, CA Fence/Siding Specialist (760) 397-0213 117 Service Master Restoration Services Santa Clarita, CA Fire/Water/Mold Cleanup, Remediation and Restoration (661) 287-9717 118 ServPro PALM DESERT, CA Fire/Water/Mold Cleanup, Remediation and Restoration (888) 577-7206 119 Shasta Fire Protection Thousand Palms, CA Fire Extinguisher Installation/Design/Replacement/Repair (760) 404-1350 120 Suzy Gourmet PALM DESERT, CA Food catering (760) 835-4982 121 The Lock Shop PALM DESERT, CA Keys/Lock Repair (760) 346-5214 122 Valley Lock and Safe Cathedral City, CA Keys/Lock Repair (760) 321-5397 123 Westcon Construction Indio, CA Asphalt Repair (760) 775-7070 124 AEA Plumbing Inc.PALM DESERT, CA Service/Repairs/Supplies (480) 219-6276 125 Allan Michaels Construction, Inc.National City, CA Interior / Exterior Repairs & Construction (619) 264-3443 126 Amtech Elevator Services Anaheim, CA Elevator Service and Repairs (714) 939-6516 127 Aquatic Pump Services, Inc PALM DESERT, CA Pond Supplies (760) 272-7510 128 Brian K Stemmer Construction PALM DESERT, CA Interior / Exterior Repairs & Construction (760) 819-5476 129 Cotton Commercial Inc Katy, TX Interior / Exterior Repairs & Construction (949) 375-2026 130 CV Pipeline Corp.PALM DESERT, CA Pipeline service, repairs and maintenance (760) 610-5563 131 Desert Pride Construction & Painting Inc.Coachella, CA Interior / Exterior Repairs & Construction (760)567-1290 132 GATT Construction & Painting Inc PALM DESERT, CA Interior / Exterior Repairs & Painting (760) 943-6668 133 GLS Architecture Group Inc PALM DESERT, CA Architect (760) 340-3528 134 HD Supply PALM DESERT, CA Interior / Exterior Repairs & Construction (760) 534-9648 135 Holt Architecture PALM DESERT, CA Architect (760) 408-7081 136 Interstate Restoration California Anaheim, CA Interior / Exterior Repairs & Construction (714) 978-6400 137 James E. DeGroff PALM DESERT, CA Engineering (805) 889-0917 138 JHA Engineering PALM DESERT, CA Engineering (760) 345-1352 139 Leisure Creation Russellville, AL Pool furniture (208) 755-3260 140 Matrix Construction Services Corona, CA Interior / Exterior Repairs & Construction (951) 493-0100 141 New Construction Solutions La Quinta, CA Interior / Exterior Repairs & Construction (760) 861-1725 142 Pacific Sun Casual Furniture Hemet, CA Pool Furniture Repair and Replacement (951) 658-3156 143 Patio Furniture Doctor, Inc.Cathedral City, CA Pool Furniture Repair (760) 328-8999 144 Reliable Renovation, Inc.Corona, CA Resurfacing Counter Tops, bathtubs, etc.(951) 278-8000 145 Ryder Corp Corona, CA Interior / Exterior Repairs & Construction (951)371-8368 146 S & T Contractors Services Inc Santa Clarita, CA Interior / Exterior Repairs & Construction (818) 335-3176 147 Seabreeze Patio Furniture Orange, CA Pool and patio furniture replacement (714) 633-0200 148 Sherwin Williams PALM DESERT, CA Interior / Exterior Paints & Supplies (760) 345-2040 Interior & Exterior Property Repairs and Maintenance Page 248 of 563 149 Sun Tech Companies La Quinta, CA Solar panel cleaning maintenance (760) 861-6666 150 Sundrella Casual Furniture Phoenix, CA Pool Furniture Repair and Replacement (623) 516-2010 151 West Coast Services Yucaipa, CA Resurfacing Counter Tops, bathtubs, etc.(714) 780-0171 152 Ace Golf Cars Repairs Cathedral City, CA Electric Car Equipment/Maintenance (760) 346-2022 153 Cart Mart Inc San Marcos, CA Electric Car Equipment/Maintenance (760) 744-1050 154 Powerstride Battery Company PALM DESERT, CA Electric Car Equipment/Maintenance (760) 674-8787 155 ADT Commerical Kansas City, MO Security Alarm System/Monitoring (800) 642-2874 156 Boyd & Associates (Get Alarmed)Indio, CA Security Alarm System/Monitoring (760) 776-8811 157 Comtron PALM DESERT, CA Security Alarm System/Monitoring (760) 776-8811 158 JJJ Enterprises Escondio, CA Security Alarm System/Monitoring and Fire Safety (623) 516-2010 159 Plaza Towing Inc PALM DESERT, CA Towing (760) 775-4314 160 Southwest Protective Services, Inc.El Centro, CA Courtesy Patrol (760) 970-4500 161 Exclusive Pest Control Services PALM DESERT, CA Pest Control (760) 449-0379 162 Transaction Termite Inc PALM DESERT, CA Pest Control (760) 776-0850 Professional Services 163 Keyser Marston Associates (KMA)Los Angeles, CA Financial Analysis & Feasibility Studies (213) 622-8095 164 CBRE Group Newport Beach, CA Real Estate Appraisal Services (760) 438-8527 165 Capital Realty Analysts Lake Havasu City, CA Real Estate Appraisal Services (760) 564-6222 166 Holt Architecture Rancho Mirage, CA Architectural Services (760) 328-5280 Notes: PALM DESERT BUSINESSES Coachella Valley Businesses Riverside County Businesses Outside Riverside County Pest Control Courtesy Patrol, Security Alarms/Surveillance & Towing Maintenance Equipment and Repair Page 249 of 563 [This page has intentionally been left blank.] Page 250 of 563 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 14, 2022 PREPARED BY: Angel J. Cardoz, Senior Financial Analyst REQUEST: APPROVE COMMUNITY DEVELOPMENT BLOCK GRANT JOINT RECIPIENT COOPERATIVE AGREEMENT FOR FISCAL YEARS 2023-24, 2024-25, AND 2025-26. RECOMMENDATION: 1. Authorize participation in the County of Riverside’s Urban County Program for Fiscal Years 2023-24, 2024-25, and 2025-26. 2. Authorize the City Attorney to finalize the Joint Recipient Cooperation Agreement with the County of Riverside. 3. Authorize the City Manager to execute the Joint Recipient Cooperation Agreement with the County of Riverside allowing the City to participate in the Urban County Program, and take any other actions necessary to effectuate the action taken herewith. BACKGROUND/ANALYSIS: Every year, Community Development Block Grant (CDBG) funds are allocated by the U.S. Department of Housing and Urban Development (HUD) to state and local governments to carry out a wide range of community development activities directed toward revitalizing neighborhoods, economic development, and providing improved community facilities and services principally for persons of low and moderate income. The City of Palm Desert has been a recipient of CDBG funds for over 35 years. The earliest awards facilitated projects such as the Joslyn Senior Center and Desert Arc expansion. The City originally received funding as a Metropolitan City in a joint agreement with the County. Over the years, the City has alternated between retaining its status under the County program and being a direct CDBG recipient known as an Entitlement City. For the last 20 years, Palm Desert has been designated as an Entitlement City. As an Entitlement City, the City’s estimated staff costs range from $175,000 to $250,000 each year to administer the CDBG program; depending on the amount awarded, the types of projects, and the number of staff members involved. Administrative expenses are typically covered by the City’s General Fund. The City has an opportunity to rejoin the Urban County Community Development Block Grant program for fiscal years 2023-24 through 2025-26, either as a Metro City or a Cooperating City. Joining the program may result in significant savings to staff time and resources while incurring a similar level of benefit to the City, local agencies, and residents. If the City does not join the Urban County program, it will retain its status as an Entitlement City. In choosing to join the County as a Metro City or a Cooperating City, the City retains full oversight of the solicitation and selection of projects and activities. Additionally, the County has confirmed that the City would remain responsible for the public hearing and the application process. Page 251 of 563 City of Palm Desert Community Development Block Grant Joint Recipient Cooperative Agreement Page 2 of 3 Differences between the Metro City vs Cooperating City are summarized below and a comprehensive comparison is attached as Exhibit A. Metro City Cooperating City City receives entire Entitlement Allocation City received adjusted allocation – usually 60%-70% of CDBG allocations Can allocate full 15% public service cap City's public service cap is adjusted (12% - 14%) HUD allows up to 20% of total grant to be used for administrative expenses. County retains 70% of administrative funding cap; City can utilize up to 30% of the administrative funding cap County retains 100% of all administrative funding cap City is not included in the County’s HOME (affordable housing) and ESG programs (homelessness assistance program). City is automatically included in the County’s HOME (affordable housing) and ESG programs (homelessness assistance program). City is not eligible to apply for grants under HUD’s Small Cities (State) CDBG program. City is not eligible to apply for grants under HUD’s Small Cities (State) CDBG program. City enters into a multi-year Joint Recipient Cooperative Agreement with County and annual supplemental Agreements. City enters into multi-year Cooperation Agreement with County and annual Supplemental Agreements. As a Metro City, the City retains its entire entitlement allocation and splits the administrative funding with the County 70/30. As a Cooperating City, the City receives an adjusted allocation of 60-70% of the total amount and is not entitled to any of the administrative funding. As a Metro City participant, the County's responsibilities will include, but are not limited to the following: • Review of all funding applications for HUD eligibility. • Carries out all administration work between HUD, applicants, and City for approved projects. • Updates and informs cities of all HUD rules and regulations. • Drafts and submits all required one-year and five-year reporting to HUD. • Handles and administers the Integrated Disbursement and Information System (IDIS) that HUD requires and utilizes. • Administers all fair housing activities. Participation in the Urban County program, either as Metro City or Cooperating City, may limit the ability to participate in other programs for the fiscal years 2023-24 through 2025-26. Currently the City does not participate in any of the programs that are affected by participation. While there are pros and cons for each option, it is Staff’s recommendation to participate in the Urban County program as Metro City via a Joint Recipient Cooperative Agreement. In addition to the staff time savings and the opportunity to leverage the County’s robust HUD reporting infrastructure, a Metro City Joint Recipient Cooperative Agreement offers the added advantage of retaining some funds for administrative fees while providing similar level of benefit to the City and local agencies. Commission Recommendation The Outside Agency Committee considered this request on May 31, 2022 and was unanimously approved for submission to the City Council. FINANCIAL IMPACT: Although the funding levels that will be awarded by HUD for FY 2023-24, FY 2024-25, and FY 2025-26 Page 252 of 563 City of Palm Desert Community Development Block Grant Joint Recipient Cooperative Agreement Page 3 of 3 are unknown at this time, execution of this agreement guarantees that the City will be entitled to CDBG Program resources allocated by HUD and administered by the County of Riverside. Participation in the Joint Recipient Cooperative Agreement (Metro City) with the County may result in cost savings related to staff time typically absorbed by the General Fund. REVIEWED BY: Department Director: Veronica Chavez City Attorney: Robert W. Hargreaves Finance Director: Veronica Chavez Assistant City Manager: Andy Firestine City Manager: L. Todd Hileman ATTACHMENTS: 1. Exhibit A – Riverside County Urban County Program: Joint Metro City vs Cooperating City 2. Exhibit B – Letter from Riverside County regarding Qualification 3. Exhibit C – Outside Agency Funding Committee Minutes Page 253 of 563 Page 254 of 563 Page 255 of 563 Page 256 of 563 I. CALL TO ORDER Chairman Chavez called the meeting to order at 2:36 p.m. II. ROLL CALL All present participated in a video conference. Present: Jan Harnik, Member, Mayor Sabby Jonathan, Member, Mayor Pro-Tempore Veronica Chavez, Committee Chair, Director of Finance Todd Hileman, Member, City Manager (2:42 p.m.) Jill Tremblay, Member, Best, Best & Krieger Also Present: Patty Leon, Recording Secretary Skky Garcia, Management Specialist Angel Cardoz, Senior Financial Analyst Maria Gallegos, Michael Baker International Jenna LeComte -Hinely – HARC Barbara Workman – Desert Access and Mobility III. ORAL COMMUNICATION None. IV. APPROVAL OF MINUTES A. MINUTES of the Outside Agency Funding Committee meeting of June 2, 2021 Rec: Approve as presented. Main Motion: Approve the minutes of the OA Funding Committee meeting of June 2, 2021 Moved by: Harnik, Jonathan Vote and Action: 4 Yes, 1 absent (Hileman) PRELIMINARY MINUTES OUTSIDE AGENCY FUNDING COMMITTEE/ COMMUNITY DEVELOPMENT BLOCK GRANT COMMITTEE Tuesday, May 31, 2022 – 2:30 p.m. Virtual Meeting Page 257 of 563 MINUTES - OUTSIDE AGENCY FUNDING COMMITTEE/CDBG Page 2 of 3 May 31, 2022 V. NEW BUSINESS A. Outside Agency Funding Recommendations FY 2022-2023 [Items 1 - 20 were discussed concurrently] 1. Abraham Lincoln Elementary PTO - $5,000 2. James E. Carter Elementary PTO - $6,500 3. Palm Desert Charter Middle School Foundation - $9,500 4. Palm Desert Charter Middle School PTO - $9,000 5. Palm Desert High School - $10,000 6. Ronald Reagan Elementary School – $5,555 7. Washington Charter School Parent’s Club Foundation - $10,000 8. Assistance League of California Valley - $2,500 9. Coachella Valley Youth Golf Foundation - $5,000 10. HARC, Inc. - $5,000 11. Historical Society of the Desert - $13,000 12. Media All Stars - $445 13. OneFuture Coachella Valley - $8,500 14. Palm Springs Air Museum - $10,000 15. PDLQ Youth Football - $10,000 16. Read with Me Volunteer Programs - $5,000 17. Variety – The Children’s Charity of the Desert - $5,000 18. Virginia Waring International Piano Competition - $10,000 19. YMCA – Jean Benson - $44,000 20. YMCA – Youth & Government - $12,000 Staff to follow up with the total number of Palm Desert residents that attended the Palm Desert Day at the Palm Springs Air Museum and also communicate to the PDLQ Youth Football of any funding requests made to the City of La Quinta for FY 22-23. Main Motion: Approve Outside Agency Funding in the amount of $186,000 to the organizations listed on the summary for OA Funding for FY 22-23 Moved by: Harnik, Jonathan Vote and Action: 5 Yes 0 No B. CBDG Funding Recommendations – Program Administration 1. Public Services (15% Cap) A. Coachella Valley Women’s Business Center - $0 B. Desert Access and Mobility - $10,000 C. Elder Love USA, Inc - $10,000 D. Fair Housing Council of Riverside County* - $22,200 E. Operation Safe House, Inc. - $10,000 Page 258 of 563 MINUTES - OUTSIDE AGENCY FUNDING COMMITTEE/CDBG Page 3 of 3 May 31, 2022 2. Public Facilities and Improvements (No Cap) A. Cahuilla Hills ADA Compliance Project Budget - $183,420 B. Desert Arc - $80,000 C. The Joslyn Center - $0 D. The Ranch Recovery Centers - $0 3. Program Administration (20% Cap) A. Fair Housing Council of Riverside County* - $20,000 B. Grant Administration - $58,905 Main Motion: Approve CBDG Funding in the amount of $394,525 to the organizations listed on the summary for CDBG Moved by: Harnik, Jonathan Vote and Action: 5 Yes 0 No C. Community Development Block Grant Joint Recipient Cooperative Agreement for Fiscal Years 23-24, 24-25, 25-26 Main Motion: Approve CBDG Joint Recipient Cooperative Agreement Moved by: Harnik, Jonathan Vote and Action: 5 Yes 0 No VI. ADJOURNMENT It was the consensus of the Committee to adjourn the meeting at 3:41 p.m. Respectfully submitted: Patty Leon Patty Leon, Recording Secretary Page 259 of 563 Page 260 of 563 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 14, 2022 PREPARED BY: Níamh M. Ortega, Deputy City Clerk on behalf of the Mayor and City Council REQUEST: CONSIDER APPOINTMENT OF APPLICANTS TO THE CITY OF PALM DESERT’S FINANCE COMMITTEE AND ARCHITECTURAL REVIEW COMMISSION RECOMMENDATION: Consider the appointment of applicants recently interviewed for the City of Palm Desert’s Finance Committee and Architectural Review Commission. BACKGROUND/ANALYSIS: The City Council scheduled interviews of selected applicants for the City’s Finance Committee and Architectural Review Commission on July 12, 2022. Approval of any resulting recommendations is respectfully requested. Strategic Plan: Appointment and reappointment of individuals to the City’s standing committees and commissions further the objective of continuing to provide opportunities for valuable citizen engagement. FINANCIAL IMPACT: The requested action does not have a direct financial impact on the City’s budget. REVIEWED BY: Department Director: Anthony J. Mejia City Manager: L. Todd Hileman ATTACHMENTS: 1. Vacancies and Appointments – July 14, 2022 Page 261 of 563 Boards, Committees and Commissions Vacancies and Appointments July 14, 2022 Committee/Commission Positions Available Reappointment?Column2 Architectural Review 2 James Blakley Building Board of Appeals 1 Cultural Arts 0 Cultural Resources Preservation 0 El Paseo Board (EPPBID) *0 Finance 1 Jake Wuest Homelessness Taskforce 0 Housing 2 Hold for HA tenant Marketing 0 Parks & Recreation 0 Planning 0 Public Safety 0 Resource Preservation (RPEC)2 Vacant Appoint to vacant position Unavailable Revised: 7/7/2022, 4:01 PM Page 1 Page 262 of 563 Page 1 of 1 CITY OF PALM DESERT MEMORANDUM TO: Honorable Mayor and Members of the City Council Anthony J. Mejia, City Clerk FROM: Níamh M. Ortega, Deputy City Clerk nmo DATE: July 13, 2022 SUBJECT: APPOINTMENTS TO COMMITTEES AND COMMISSIONS On July 12, 2022, the City Council interviewed candidates for positions on the Architectural Review Commission and the Finance Committee. Following the interviews, the City Council recommended the following: • Architectural Review Commission: Dean Colvard for a four-year term expiring June 30, 2026 • Finance Committee: Jake Wuest to assume a vacant term expiring June 30, 2024 Staff is requesting approval of the appointments as noted. Below is an updated chart reflecting current vacancies and proposed appointments: Committee/Commission Positions Available Appointment Column2 Column3 Architectural Review 3 Dean Colvard Building Board of Appeals 1 Cultural Arts 1 Cultural Resources Preservation 0 El Paseo Board (EPPBID) * 0 Finance 1 Jake Wuest Homelessness Taskforce 0 Housing 2 Hold for HA tenant Marketing 0 Parks & Recreation 0 Planning 0 Public Safety 0 Resource Preservation (RPEC) 2 Vacant Appoint to vacant position Unavailable Thank you. /nmo CITY OF PALM DESERT CITY MANAGER’S OFFICE INTEROFFICE MEMORANDUM To: Honorable Mayor and Councilmembers From: Heather Horning, Assistant to the City Manager Date: July 14, 2022 Subject: City Council Agenda (July 14, 2022) Below you will find questions received from the Mayor and/or Councilmembers and answers provided by City staff regarding tonight’s Council meeting agenda. CONSENT CALENDAR – ITEM O: APPROVE THE CITY OF PALM DESERT NEW YEAR’S EVE CELEBRATION ON EL PASEO •Question: Is the New Year’s Event really happening a day early on December 30th? Can you provide more information about the count down with a "diamond drop"? o Answer: This event is scheduled for Friday, December 30th from 12pm to 8pm, and it will not include a “diamond drop” countdown as originally planned. The event organizers agreed that these did not make sense due to the date and time of the event proposed. In future, the organizers plan to implement changes to time and date for future New Year’s Eve events. The organizer is also open to implementing date and times changes in future years, as they build upon this year’s layout and concept. CONSENT CALENDAR – ITEM U: CONSIDERATION OF APPOINTMENT OF APPLICANTS TO FINANCE COMMITTEE AND ARCHITECTURAL REVIEW COMMISSION •Question: Will there be a revised report for this item to reflect the appointments being made to the vacant Commission positions? o Answer: A corrected version of the Vacancies and Appointments Chart is included in the supplemental material provided to City Council prior to the meeting. ACTION CALENDAR – ITEM C: CONSIDERATION OF DESERT WILLOW RESIDENT PROGRAM CHANGES •Question: When was the Desert Willow Resident Golf Rate increased to $52? o Answer: The City Council approved the increase to the Desert Willow Resident Golf Rate on June 28, 2018. The Staff Report and Resolution are attached for reference. Supplemental - Page 1 Page 7 Page 5 Question & Answer Memo Page 2 of 3 ACTION CALENDAR – ITEM J: ADOPT A RESOLUTION DECLARING THE CITY OF PALM DESERT OWNED PROPERTY LOCATED AT 45656 MOUNTAIN VIEW SURPLUS LAND AND AUTHORIZING STAFF TO RELEASE A NOTICE OF AVAILABILITY FOR THE SALE OF THE PROPERTY •Question: Once the City has complied with the Surplus Land Act and proceeds to sell the property, may offers be ranked based on the quality of the proposed purchaser's plan for preserving the historic value of the property? o Answer: The short answer is yes. The Surplus Land Act dictates that the City must negotiate for 90 days with all viable respondents to the Notice of Availability (NOA) for the property with priority given to the project with the highest level of affordability. The NOA will include all information on the property including zoning and the historic designation. Respondents to the NOA will have to adhere to and take into consideration the requirements of the historic designation if they are proposing to renovate the property. The City would review plans for this property as they would any other historically designated property. After this time period has ended, the City is able to consider the quality of the proposed purchaser’s plan for preserving the historic value of the property when reviewing offers. ACTION CALENDAR – ITEM K: APPROVE A CONTRACT WITH CIRCUIT TRANSIT, INC., IN AN AMOUNT NOT TO EXCEED $200,000 FOR THE OPERATION OF UP TO THREE (3) VENDOR- OWNED EL PASEO COURTESY CARTS AND APPROPRIATE $41,000 FROM UNASSIGNED GENERAL FUND RESERVES •Question: How do the proposed carts from Circuit compare to our current city-owned carts when it comes to access to individuals with mobility limitations? Do we achieve any improvement? o Answer: The City currently has one ADA accessible cart that is available upon request and used during special events when all three carts are being used. The proposal costs from Circuit include three carts, each with six seats, and does not include an ADA accessible cart. Circuit is able to provide the City with an ADA compliant cart with five seats at an additional hourly cost $2.60 per cart. The increase to the total proposed contract amount would be $4,000 to upgrade one cart to an ADA accessible cart. Therefore, the overall budget would increase from approximately $200,000 to $204,000 based on operations of three total carts, with one of them being ADA accessible. •Question: Has staff reached any conclusions about best way to re-deploy our current carts? Do we have another possible use for them? Any chance the Living Desert might want them after their parking lot is expanded? o Answer: Staff does not currently have a plan for redeployment or reuse of the existing Courtesy Carts, but will explore options including their potential sale. Staff plans to bring options forward to the City Council for approval. Supplemental - Page 2 Question & Answer Memo Page 3 of 3 PUBLIC HEARING – ITEM B: APPROVE OUTSIDE AGENCY FUNDING COMMITTEE RECOMMENDATIONS FOR FY 2022/2023 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND USE OF FUNDING, AND ANNUAL ACTION PLAN FOR FY 2022-2023 •Question: Can you provide the comments/reasoning for the CDBG recipients receiving partial or no funding? o Answer: A memo with the comments/reasoning for each of the CDBG recipients receiving partial or no funding is attached. ATTACHMENTS: 1.Item 2C - Resolution 2018-47 Increase DW Resident Golf Rate 2.Item 3B - Memo CDBG Recipients Receiving Partial or No Funding Supplemental - Page 3 Page 21 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 14, 2022 PREPARED BY: Andrea Staehle, Human Resources Manager REQUEST: APPROVE A RESOLUTION AMENDING RESOLUTION NO. 2021-69, ADOPTING AUTHORIZED CLASSIFICATIONS, ALLOCATED POSITIONS, SALARY SCHEDULE AND SALARY RANGES INCLUDED HEREIN AND ATTACHED AS EXHIBIT “A” FOR THE UNREPRESENTED EMPLOYEES BASED ON THE CLASSIFICATION AND COMPENSATION STUDY. RECOMMENDATION: 1. Adopt a Resolution amending Resolution No. 2021-69 and Adopting Authorized Classifications, Allocated Positions, Salary Schedule and Salary Ranges included herein and attached as Exhibit “A” for the unrepresented employees based on the classification and compensation study. 2. Authorize the City Manager to take actions to implement the new proposed classification and compensation system for the unrepresented employee group BACKGROUND/ANALYSIS: A classification and compensation system, which defines the types of jobs in an organization and how much those types of jobs will pay, is the framework organizations set up to manage job classifications and compensate employees in a manner that is fair, strategic, and competitive within a given market. The classification and compensation system should be simple and strategic, include clear job descriptions and career paths, provide for internal pay fairness across similar types of jobs and experience levels, and be competitive within and outside the Coachella Valley. A successful classification and compensation system contributes to attracting and retaining talented, dedicated employees who can deliver the level of service City constituents deserve. The system goes hand-in-hand with the best-practice management approach being established throughout each department. In response to employees’ concerns regarding the City’s current classification and compensation structure, the City contracted with CPS-HR to complete a comprehensive classification and compensation study. The study started in the Fall of 2021 and lasted through July, 2022, and encompassed a review of all positions within the City for the purpose of revising and/or developing position classifications and a market study to determine the City’s standing in the current labor market. The process included employees completing current employee position questionnaires, interviews with employees and supervisors, analysis of position descriptions, and comparison to compensation of the City’s competitors (market basket), conducting Page 263 of 563 City of Palm Desert Approval of Classification and Compensation System – Unrepresented Employee Group Page 2 of 2 presentations for all employees, and preparing a compensation schedule. On June 14, 2022, CPS-HR presented to City employees’ their classification descriptions and job titles. Following the presentation, Human Resources sent a memo and job description to each employee. Employees were provided an opportunity to have a Reconsideration Committee (Committee) review titles and descriptions in order to make a proposed final determination of titles and descriptions. On June 29, 2022, upon completion of the reconsideration process, staff sent an email to all employees providing a proposed salary schedule based on data that was collected by CPS-HR. In response, the City Manager directed staff to ensure that the last step of the City’s positions be paid at the first or second place within the market basket. The results of the study and City Manager’s direction provide an increase in thirty-seven (37) positions and y-rating of 19 individual employees. On July 6, staff sent an email with the revised proposed salary schedule reflecting the change to the first or second compensation position in the market at the last step. On July 7, 2022, the Palm Desert Employee Organization (PDEO) made a request to meet and confer regarding the classification and compensation study. As a result of PDEO’s request, staff is requesting approval to adopt a resolution for the unrepresented employees, including classifications, personnel group designation, and salary ranges. FINANCIAL IMPACT: The fiscal impact to implement the new class and comp system for unrepresented employees is approximately $135,000 and has been included in the 2022/23 Financial Plan. REVIEWED BY: Finance Director: Veronica Chavez City Manager: L. Todd Hileman ATTACHMENTS 1. Resolution 2. Position Allocation 3. Salary Schedule Page 264 of 563 RESOLUTION NO. 2022-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLUTION NO. 2021-69 FOR UNREPRESNTED EMPLOYEES, AND ADOPTING AUTHORIZED CLASSIFICATIONS, ALLOCATED POSITIONS, SALARY SCHEDULE AND SALARY RANGES INCLUDED HEREIN AND ATTACHED AS EXHIBIT “A” WHEREAS, the City of Palm Desert identifies employees by classifications and groups for the purpose of salary and benefit administration; and WHEREAS, the City of Palm Desert has reached agreement with the unrepresented employee groups NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM DESERT AS FOLLOWS: SECTION I - SALARY SCHEDULE, RANGES & ALLOCATED POSITIONS AND AUTHORIZED CLASSIFICATIONS The City of Palm Desert’s Personnel System, Section 2.52 of the Palm Desert Municipal Code prescribes specific terms for appointment and tenure of all City employees. Exhibit A contains the tables of salary ranges that will be retroactively effective to July 1, 2022. The salaries in the attached salary schedules are adjusted for current non-represented employees effective July 1, 2022. The City Manager is annually authorized to modify the Allocated Classifications, Positions and Salary Schedule that he determines are reasonably necessary or appropriate for business necessity including, without limitation, the implementation of title and responsibility changes, any minimum wage laws, use of over-hires for training, limited term student internships and modification of vacant positions in so far as such modifications do not exceed the adopted 2022-2023 budget. Such modifications have been included in the resolution and accompanying salary tables, however, it may be necessary to modify them again based on the business necessity of the City. SECTION II – PERSONNEL GROUPS/DESIGNATIONS The City assigns classifications to designated groups for the purposes of defining exempt status, benefits allocation, salary, and purchasing authority. These classifications, (listed in the table below), are categorized as follows: Page 265 of 563 RESOLUTION NO. 2022-XX - Salary Resolution July 14, 2022 Page 2 of 3 Title Exempt Group Executive Contract At Will Salary Range City Manager X X Yes Contract Assistant City Manager X X Yes 72 City Treasure/Director of Finance X X Yes 70 Director of Development Services A A No 70 Director of Economic Development X X Yes 65 Director of Public Works X X Yes 70 City Clerk X X Yes 65 Accounting Manager B No 53 Assistant to the City Manager B No 54 Chief Building Official B No 61 Code Compliance Supervisor B No 46 Community Resources Manager B No 51 Deputy City Clerk B No 44 Deputy Directors (Development Services, Finance, Public Works) B No 63 Finance Manager B No 53 Housing Manager B No 51 Human Resources Manager B No 61 Information Systems Manager B No 61 Facilities Manager B No 51 Permit Center Supervisor B No 46 Planning Manager B No 52 Public Affairs Manager B No 56 Senior Financial Analyst B No 45 Senior Project Manager B No 50 Special Programs Manager B No 51 Street Maintenance Manager B No 46 Transportation Manager B No 52 Page 266 of 563 RESOLUTION NO. 2022-XX - Salary Resolution July 14, 2022 Page 3 of 3 Group X: Executive Contract Positions: The classifications designated as Group X, Executive Contract, have the highest level of executive responsibility and authority; these positions are governed by individual employment agreements. Group A: Directors and Department Heads The classifications designated as Group A have a higher level of responsibility and authority and they are exempt from overtime provisions as defined by the Fair Labor Standards Act and set forth in the Personnel Rules and Regulations, Section 2.52.305. They may be At Will and governed by employment agreements. Among other things, these positions require spending numerous extra hours at meetings, conferences and work. Group B: Mid-Management/Professional The positions classifications as Group B are managerial, supervisorial or professional in nature and they are exempt from overtime provisions as defined by the Fair Labor Standards Act and set forth in the Personnel Rules and Regulations, Section 2.52.305. Among other things, these positions require spending occasional extra hours at meetings, conferences and work. PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this 14th day of July, 2022, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ____________________________ Jan C. Harnik, MAYOR ATTEST: __________________________________ ANTHONY MEJIA, CITY CLERK CITY OF PALM DESERT Page 267 of 563 FY 2022-2023 City of Palm Desert Allocated Positions Resolution No. 2022-____ Exhibit "A" Classification Allocated Positions Legacy Grades prior to 6/30/2018B Grade Exempt Status Notes: City Manager 1 CM Exempt X Assistant City Manager 1 72 Exempt X Assistant to the City Manager 2 54 Exempt B Executive Assistant 1 35 Non-Exempt 4130 5 Public Affairs Public Affairs Manager 1 56 Exempt B Management Analyst - Events 1 40 Exempt Management Analyst - Communications Coord 1 40 Exempt Management Analyst - Digital Strategies Coord 1 40 Exempt Marketing Specialist 1 28 Non-Exempt Office Specialist I/II 1 104 14/18 Non-Exempt 4417 6 Information Technology Information Systems Manager 1 61 Exempt B Senior Information Systems Administrator 2 48 Non-Exempt Senior GIS Admin 1 44 Non-Exempt Biz Systems Enterprise 1 40 Non-Exempt 4190 5 Human Resources HR Manager 1 61 Exempt B Management Specialist 1 32 Non-Exempt Management Analyst 2 40 Exempt 4154 4 City Clerk 1 65 Exempt X Deputy City Clerk 1 44 Exempt Management Specialist I/II - City Council 1 28/32 Non-Exempt Records Coordinator 1 38 Non-Exempt Office Specialist I/II 2 14/18 Non-Exempt 4111 6 Total City Manager 26 Finance Director of Finance/City Treasurer 1 70 Exempt X Deputy Director of Finance 2 63 Exempt B Finance Manager/Senior Financial Analyst 1 53/45 Exempt B Accounting Manager 1 53 Exempt B Senior Financial Analyst 1 45 Exempt B Management Analyst 1 40 Exempt Accountant 2 118/123 40 Exempt Management Specialist I/II 1 113 28/32 Non-Exempt Accounting Specialist 1 32 Non-Exempt Accounting Technician 4 118 28 Non-Exempt 4150 15 Salary Grade CITY MANAGER City Clerk FINANCE AND ADMINISTRATIVE SERVICES Page 1 of 4 Effective July 1, 2022 Page 268 of 563 FY 2022-2023 City of Palm Desert Allocated Positions Resolution No. 2022-____ Exhibit "A" Classification Allocated Positions Legacy Grades prior to 6/30/2018B Grade Exempt Status Notes: Salary Grade Procurement Buyer 1 113 32 Non-Exempt Management Specialist I/II 1 28/32 Non-Exempt 4159 2 Total Finance and Administrative Services 17 Director, Econ Development 1 65 Exempt X Management Analyst 2 123 40 Exempt Management Specialist I/II - Econ. Dvlpt.1 28/32 Non-Exempt 4430 4 TotalEconomic Development Community Development /Planning/Engineering Director of Development Services 1 70 Exempt X Dep Dir of Development Services 1 63 Exempt B Management Specialist I/II - Comm. Dvpt.1 113 28/32 Non-Exempt Planning Manager 1 52 Exempt B Senior Planner 1 Exempt Associate Planner 1 127 40 Exempt Assistant Planner 1 36 Exempt Land Development Technician 1 125 38 Non-Exempt Management Specialist I/II - Comm. Dvpt.1 28/32 Non-Exempt 4470 9 Building & Safety Chief Building Official 1 61 Exempt B Senior Building Inspector 2 40 Non-Exempt Building Inspector I/II 3 114 31/35 Non-Exempt Management Specialist I/II - B&S 1 28/32 Non-Exempt Office Specialist I/II 1 104 14/18 Non-Exempt 4420 8 Code Compliance Code Compliance Supervisor 1 123 46 Exempt B Code Compliance Officer I/II 4 27/31 Non-Exempt B Management Specialist II - Code Compliance 1 113 32 Non-Exempt B Office Specialist II 1 104 14/18 Non-Exempt B 4422 7 Palm Desert Permit Center Permit Center Supervisor 1 46 Exempt Permit Specialist I/II 4 28/32 Non-Exempt 4421 5 DEVELOPMENT SERVICES Economic Development Page 2 of 4 Effective July 1, 2022 Page 269 of 563 FY 2022-2023 City of Palm Desert Allocated Positions Resolution No. 2022-____ Exhibit "A" Classification Allocated Positions Legacy Grades prior to 6/30/2018B Grade Exempt Status Notes: Salary Grade Affordable Housing Housing Manager 1 51 Exempt B Management Analyst 1 40 Exempt Management Specialist I/II 1 28/32 Non-Exempt 870-4195 3 Total Development Services 32 Director of Public Works 0 70 Exempt Deputy Director of Public Works 2 63 Exempt B Transportation Manager 1 52 Exempt B Senior Project Manager 1 50 Exempt B Project Manager 3 127 48 Exempt Management Analyst 1 40/44 Exempt Public Works Inspector I/II 2 120 30/34 Non-Exempt Management Specialist I/II 2 28/32 Non-Exempt Office Specialist I/II 1 14/18 Non-Exempt 4300 13 Community Services Community Services Mger 1 51 Exempt B Management Analyst 1 40/44 Exempt Landscape Specialist 3 118 34 Non-Exempt 4614 5 Facilities Management Facilities Manager 1 51 Exempt B Maintenance Worker III - Facilities/Building Maint.2 114 27 Non-Exempt Management Specialist I/II 1 113 28/32 Non-Exempt 4340 4 Streets Maintenance Streets Maintenance Supervisor 1 46 Exempt B Senior Maintenance Worker 1 111 31 Non-Exempt Maintenance Worker III 3 109 27 Non-Exempt Maintenance Worker I/II 6 101/106 19/23 Non-Exempt 4310 11 Traffic Signal Maintenance Traffic Signal Specialist 1 121 38 Non-Exempt B Traffic Signal Technician II 1 118 32 Non-Exempt B Traffic Signal Technician I 1 111 28 Non-Exempt B 4310 3 Special Programs Special Programs Manager 1 51 Exempt B Management Analyst - Environmental 1 40 Exempt Management Analyst - Art 1 40 Exempt Management Specialist I/II - Public Art 1 113 28/32 Non-Exempt 4 Total Public Works 40 PUBLIC WORKS Page 3 of 4 Effective July 1, 2022 Page 270 of 563 FY 2022-2023 City of Palm Desert Allocated Positions Resolution No. 2022-____ Exhibit "A" Classification Allocated Positions Legacy Grades prior to 6/30/2018B Grade Exempt Status Notes: Salary Grade TOTAL ALLOCATED POSITIONS 119 Page 4 of 4 Effective July 1, 2022 Page 271 of 563 Legacy Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 10 Annual 35,571 37,349 39,217 41,178 43,236 45,398 46,987 Monthly 2,964 3,112 3,268 3,431 3,603 3,783 3,916 Hourly 17.10 17.96 18.85 19.80 20.79 21.83 22.59 11 Annual 36,460 38,283 40,197 42,207 44,317 46,533 48,162 Monthly 3,038 3,190 3,350 3,517 3,693 3,878 4,013 Hourly 17.53 18.41 19.33 20.29 21.31 22.37 23.15 12 Annual 37,371 39,240 41,202 43,262 45,425 47,697 49,366 Monthly 3,114 3,270 3,434 3,605 3,785 3,975 4,114 Hourly 17.97 18.87 19.81 20.80 21.84 22.93 23.73 13 Annual 38,306 40,221 42,232 44,344 46,561 48,889 50,600 Monthly 3,192 3,352 3,519 3,695 3,880 4,074 4,217 Hourly 18.42 19.34 20.30 21.32 22.39 23.50 24.33 14 Annual 39,263 41,227 43,288 45,452 47,725 50,111 51,865 Monthly 3,272 3,436 3,607 3,788 3,977 4,176 4,322 Hourly 18.88 19.82 20.81 21.85 22.94 24.09 24.94 15 Annual 40,245 42,257 44,370 46,589 48,918 51,364 53,162 Monthly 3,354 3,521 3,698 3,882 4,077 4,280 4,430 Hourly 19.35 20.32 21.33 22.40 23.52 24.69 25.56 16 Annual 41,251 43,314 45,479 47,753 50,141 52,648 54,491 Monthly 3,438 3,609 3,790 3,979 4,178 4,387 4,541 Hourly 19.83 20.82 21.87 22.96 24.11 25.31 26.20 17 Annual 42,282 44,397 46,616 48,947 51,395 53,964 55,853 Monthly 3,524 3,700 3,885 4,079 4,283 4,497 4,654 Hourly 20.33 21.34 22.41 23.53 24.71 25.94 26.85 18 Annual 43,339 45,506 47,782 50,171 52,679 55,313 57,249 Monthly 3,612 3,792 3,982 4,181 4,390 4,609 4,771 Hourly 20.84 21.88 22.97 24.12 25.33 26.59 27.52 19 Annual 44,423 46,644 48,976 51,425 53,996 56,696 58,681 Monthly 3,702 3,887 4,081 4,285 4,500 4,725 4,890 Hourly 21.36 22.43 23.55 24.72 25.96 27.26 28.21 City of Palm Desert Salary Schedule (effective July 1, 2021) 4,603 26.56 56,616 4,718 27.22 4,274 24.66 52,573 4,381 25.28 53,888 4,491 25.91 55,235 Salary Range Step 8 48,820 4,068 23.47 50,040 4,170 24.06 51,291 58,031 4,836 27.90 59,482 4,957 28.60 60,969 5,081 29.31 Page 272 of 563 20 Annual 45,534 47,810 50,201 52,711 55,346 58,114 60,148 Monthly 3,794 3,984 4,183 4,393 4,612 4,843 5,012 Hourly 21.89 22.99 24.13 25.34 26.61 27.94 28.92 21 Annual 46,672 49,005 51,456 54,029 56,730 59,566 61,651 Monthly 3,889 4,084 4,288 4,502 4,727 4,964 5,138 Hourly 22.44 23.56 24.74 25.98 27.27 28.64 29.64 22 Annual 47,839 50,231 52,742 55,379 58,148 61,056 63,193 Monthly 3,987 4,186 4,395 4,615 4,846 5,088 5,266 Hourly 23.00 24.15 25.36 26.62 27.96 29.35 30.38 23 Annual 49,035 51,486 54,061 56,764 59,602 62,582 64,772 Monthly 4,086 4,291 4,505 4,730 4,967 5,215 5,398 Hourly 23.57 24.75 25.99 27.29 28.65 30.09 31.14 24 Annual 50,260 52,774 55,412 58,183 61,092 64,147 66,392 Monthly 4,188 4,398 4,618 4,849 5,091 5,346 5,533 Hourly 24.16 25.37 26.64 27.97 29.37 30.84 31.92 101 25 Annual 51,517 54,093 56,798 59,637 62,619 65,750 68,051 Monthly 4,293 4,508 4,733 4,970 5,218 5,479 5,671 Hourly 24.77 26.01 27.31 28.67 30.11 31.61 32.72 26 Annual 52,805 55,445 58,217 61,128 64,185 67,394 69,753 Monthly 4,400 4,620 4,851 5,094 5,349 5,616 5,813 Hourly 25.39 26.66 27.99 29.39 30.86 32.40 33.53 27 Annual 54,125 56,831 59,673 62,657 65,789 69,079 71,497 Monthly 4,510 4,736 4,973 5,221 5,482 5,757 5,958 Hourly 26.02 27.32 28.69 30.12 31.63 33.21 34.37 104 28 Annual 55,478 58,252 61,165 64,223 67,434 70,806 73,284 Monthly 4,623 4,854 5,097 5,352 5,620 5,900 6,107 Hourly 26.67 28.01 29.41 30.88 32.42 34.04 35.23 29 Annual 56,865 59,708 62,694 65,829 69,120 72,576 75,116 Monthly 4,739 4,976 5,224 5,486 5,760 6,048 6,260 Hourly 27.34 28.71 30.14 31.65 33.23 34.89 36.11 67,298 5,608 32.36 68,981 5,748 33.16 70,705 62,493 5,208 30.04 64,056 5,338 30.80 65,657 5,471 31.57 5,892 33.99 72,473 6,039 34.84 74,285 6,190 35.71 76,142 6,345 36.61 78,046 6,504 37.52 Page 273 of 563 106 30 Annual 58,287 61,201 64,261 67,474 70,848 74,390 76,994 Monthly 4,857 5,100 5,355 5,623 5,904 6,199 6,416 Hourly 28.02 29.42 30.89 32.44 34.06 35.76 37.02 31 Annual 59,744 62,731 65,868 69,161 72,619 76,250 78,919 Monthly 4,979 5,228 5,489 5,763 6,052 6,354 6,577 Hourly 28.72 30.16 31.67 33.25 34.91 36.66 37.94 32 Annual 61,238 64,299 67,514 70,890 74,435 78,156 80,892 Monthly 5,103 5,358 5,626 5,908 6,203 6,513 6,741 Hourly 29.44 30.91 32.46 34.08 35.79 37.58 38.89 109 33 Annual 62,768 65,907 69,202 72,662 76,295 80,110 82,914 Monthly 5,231 5,492 5,767 6,055 6,358 6,676 6,910 Hourly 30.18 31.69 33.27 34.93 36.68 38.51 39.86 34 Annual 64,338 67,555 70,932 74,479 78,203 82,113 84,987 Monthly 5,361 5,630 5,911 6,207 6,517 6,843 7,082 Hourly 30.93 32.48 34.10 35.81 37.60 39.48 40.86 111 35 Annual 65,946 69,243 72,706 76,341 80,158 84,166 87,112 Monthly 5,496 5,770 6,059 6,362 6,680 7,014 7,259 Hourly 31.70 33.29 34.95 36.70 38.54 40.46 41.88 36 Annual 67,595 70,975 74,523 78,249 82,162 86,270 89,289 Monthly 5,633 5,915 6,210 6,521 6,847 7,189 7,441 Hourly 32.50 34.12 35.83 37.62 39.50 41.48 42.93 113 37 Annual 69,285 72,749 76,386 80,206 84,216 88,427 91,522 Monthly 5,774 6,062 6,366 6,684 7,018 7,369 7,627 Hourly 33.31 34.98 36.72 38.56 40.49 42.51 44.00 114 38 Annual 71,017 74,568 78,296 82,211 86,321 90,637 93,810 Monthly 5,918 6,214 6,525 6,851 7,193 7,553 7,817 Hourly 34.14 35.85 37.64 39.52 41.50 43.58 45.10 79,997 6,666 38.46 81,997 6,833 39.42 84,047 7,004 40.41 86,148 7,179 41.42 88,301 7,924 45.72 97,468 8,122 46.86 7,358 42.45 90,509 7,542 43.51 92,772 7,731 44.60 95,091 Page 274 of 563 39 Annual 72,792 76,432 80,253 84,266 88,479 92,903 96,155 Monthly 6,066 6,369 6,688 7,022 7,373 7,742 8,013 Hourly 35.00 36.75 38.58 40.51 42.54 44.67 46.23 40 Annual 74,612 78,343 82,260 86,373 90,691 95,226 98,559 Monthly 6,218 6,529 6,855 7,198 7,558 7,935 8,213 Hourly 35.87 37.66 39.55 41.53 43.60 45.78 47.38 41 Annual 76,477 80,301 84,316 88,532 92,959 97,607 101,023 Monthly 6,373 6,692 7,026 7,378 7,747 8,134 8,419 Hourly 36.77 38.61 40.54 42.56 44.69 46.93 48.57 118 42 Annual 78,389 82,309 86,424 90,745 95,283 100,047 103,548 Monthly 6,532 6,859 7,202 7,562 7,940 8,337 8,629 Hourly 37.69 39.57 41.55 43.63 45.81 48.10 49.78 43 Annual 80,349 84,366 88,585 93,014 97,665 102,548 106,137 Monthly 6,696 7,031 7,382 7,751 8,139 8,546 8,845 Hourly 38.63 40.56 42.59 44.72 46.95 49.30 51.03 120 44 Annual 82,358 86,476 90,799 95,339 100,106 105,112 108,790 Monthly 6,863 7,206 7,567 7,945 8,342 8,759 9,066 Hourly 39.60 41.57 43.65 45.84 48.13 50.53 52.30 121 45 Annual 84,417 88,637 93,069 97,723 102,609 107,739 111,510 Monthly 7,035 7,386 7,756 8,144 8,551 8,978 9,293 Hourly 40.58 42.61 44.74 46.98 49.33 51.80 53.61 46 Annual 86,527 90,853 95,396 100,166 105,174 110,433 114,298 Monthly 7,211 7,571 7,950 8,347 8,765 9,203 9,525 Hourly 41.60 43.68 45.86 48.16 50.56 53.09 54.95 99,905 8,325 48.03 102,403 8,534 49.23 104,963 8,747 50.46 107,587 8,966 51.72 110,276 9,190 53.02 113,033 9,419 54.34 115,859 9,655 55.70 118,756 9,896 57.09 Page 275 of 563 123 47 Annual 88,690 93,125 97,781 102,670 107,803 113,194 117,155 Monthly 7,391 7,760 8,148 8,556 8,984 9,433 9,763 Hourly 42.64 44.77 47.01 49.36 51.83 54.42 56.32 48 Annual 90,907 95,453 100,225 105,237 110,499 116,024 120,084 Monthly 7,576 7,954 8,352 8,770 9,208 9,669 10,007 Hourly 43.71 45.89 48.19 50.59 53.12 55.78 57.73 125 49 Annual 93,180 97,839 102,731 107,868 113,261 118,924 123,086 Monthly 7,765 8,153 8,561 8,989 9,438 9,910 10,257 Hourly 44.80 47.04 49.39 51.86 54.45 57.18 59.18 50 Annual 95,510 100,285 105,299 110,564 116,093 121,897 126,164 Monthly 7,959 8,357 8,775 9,214 9,674 10,158 10,514 Hourly 45.92 48.21 50.62 53.16 55.81 58.60 60.66 127 51 Annual 97,897 102,792 107,932 113,328 118,995 124,945 129,318 Monthly 8,158 8,566 8,994 9,444 9,916 10,412 10,776 Hourly 47.07 49.42 51.89 54.48 57.21 60.07 62.17 52 Annual 100,345 105,362 110,630 116,162 121,970 128,068 132,551 Monthly 8,362 8,780 9,219 9,680 10,164 10,672 11,046 Hourly 48.24 50.65 53.19 55.85 58.64 61.57 63.73 129 53 Annual 102,853 107,996 113,396 119,066 125,019 131,270 135,864 Monthly 8,571 9,000 9,450 9,922 10,418 10,939 11,322 Hourly 49.45 51.92 54.52 57.24 60.11 63.11 65.32 54 Annual 105,425 110,696 116,231 122,042 128,144 134,552 139,261 121,725 10,144 58.52 124,768 10,397 64.60 137,720 11,477 66.21 141,163 11,764 67.87 59.98 127,887 10,657 61.48 131,084 10,924 63.02 134,361 11,197 144,692 Page 276 of 563 Monthly 8,785 9,225 9,686 10,170 10,679 11,213 11,605 Hourly 50.68 53.22 55.88 58.67 61.61 64.69 66.95 55 Annual 108,060 113,463 119,137 125,093 131,348 137,916 142,743 Monthly 9,005 9,455 9,928 10,424 10,946 11,493 11,895 50T1 Hourly Annual 51.95 54.55 57.28 60.14 63.15 66.31 68.63 56 Hourly Annual 110,762 116,300 122,115 128,221 134,632 141,363 146,311 Monthly 9,230 9,692 10,176 10,685 11,219 11,780 12,193 Hourly 53.25 55.91 58.71 61.64 64.73 67.96 70.34 57 Annual 113,531 119,208 125,168 131,426 137,998 144,897 149,969 Monthly 9,461 9,934 10,431 10,952 11,500 12,075 12,497 Hourly 54.58 57.31 60.18 63.19 66.34 69.66 72.10 58 Annual 116,369 122,188 128,297 134,712 141,448 148,520 153,718 Monthly 9,697 10,182 10,691 11,226 11,787 12,377 12,810 Hourly 55.95 58.74 61.68 64.77 68.00 71.40 73.90 59 Annual 119,278 125,242 131,505 138,080 144,984 152,233 157,561 Monthly 9,940 10,437 10,959 11,507 12,082 12,686 13,130 Hourly 57.35 60.21 63.22 66.38 69.70 73.19 75.75 60 Annual 122,260 128,373 134,792 141,532 148,608 156,039 161,500 Monthly 10,188 10,698 11,233 11,794 12,384 13,003 13,458 Hourly 58.78 61.72 64.80 68.04 71.45 75.02 77.64 137 61 Annual 125,317 131,583 138,162 145,070 152,324 159,940 165,538 Monthly 10,443 10,965 11,513 12,089 12,694 13,328 13,795 Hourly 60.25 63.26 66.42 69.75 73.23 76.89 79.59 62 Annual 128,450 134,872 141,616 148,697 156,132 163,938 169,676 Monthly 10,704 11,239 11,801 12,391 13,011 13,662 14,140 Hourly 61.75 64.84 68.08 71.49 75.06 78.82 81.58 12,058 69.56 148,310 12,359 71.30 151,237 72.71 152,017 12,668 73.09 155,818 12,985 74.91 159,713 13,309 76.79 163,706 13,642 78.70 167,799 13,983 80.67 171,994 14,333 82.69 176,293 14,691 84.76 Page 277 of 563 139 63 Annual 131,661 138,244 145,156 152,414 160,035 168,037 173,918 Monthly 10,972 11,520 12,096 12,701 13,336 14,003 14,493 Hourly 63.30 66.46 69.79 73.28 76.94 80.79 83.61 64 Annual 134,953 141,700 148,785 156,225 164,036 172,238 178,266 Monthly 11,246 11,808 12,399 13,019 13,670 14,353 14,855 Hourly 64.88 68.13 71.53 75.11 78.86 82.81 85.70 65 Annual 138,326 145,243 152,505 160,130 168,137 176,544 182,723 Monthly 11,527 12,104 12,709 13,344 14,011 14,712 15,227 Hourly 66.50 69.83 73.32 76.99 80.83 84.88 87.85 66 Annual 141,785 148,874 156,318 164,133 172,340 180,957 187,291 Monthly 11,815 12,406 13,026 13,678 14,362 15,080 15,608 Hourly 68.17 71.57 75.15 78.91 82.86 87.00 90.04 145 67 Annual 145,329 152,596 160,225 168,237 176,649 185,481 191,973 Monthly 12,111 12,716 13,352 14,020 14,721 15,457 15,998 Hourly 69.87 73.36 77.03 80.88 84.93 89.17 92.29 68 Annual 148,962 156,411 164,231 172,443 181,065 190,118 196,772 Monthly 12,414 13,034 13,686 14,370 15,089 15,843 16,398 Hourly 71.62 75.20 78.96 82.91 87.05 91.40 94.60 69 Annual 152,687 160,321 168,337 176,754 185,591 194,871 201,691 Monthly 12,724 13,360 14,028 14,729 15,466 16,239 16,808 Hourly 73.41 77.08 80.93 84.98 89.23 93.69 96.97 70 Annual 156,504 164,329 172,545 181,173 190,231 199,743 206,734 Monthly 13,042 13,694 14,379 15,098 15,853 16,645 17,228 Hourly 75.24 79.00 82.95 87.10 91.46 96.03 99.39 71 Annual 160,416 168,437 176,859 185,702 194,987 204,736 211,902 Monthly 13,368 14,036 14,738 15,475 16,249 17,061 17,659 Hourly 77.12 80.98 85.03 89.28 93.74 98.43 101.88 72 Annual 164,427 172,648 181,280 190,344 199,862 209,855 217,200 Monthly 13,702 14,387 15,107 15,862 16,655 17,488 18,100 194,595 16,216 93.56 199,460 180,701 15,058 86.88 185,218 15,435 89.05 189,849 15,821 91.27 225,670 18,806 209,557 17,463 100.75 214,796 17,900 103.27 220,166 18,347 105.85 16,622 95.89 204,446 17,037 98.29 Page 278 of 563 Hourly 79.05 83.00 87.15 91.51 96.09 100.89 104.42 73 Annual 168,537 176,964 185,812 195,103 204,858 215,101 222,630 Monthly 14,045 14,747 15,484 16,259 17,072 17,925 18,552 Hourly 81.03 85.08 89.33 93.80 98.49 103.41 107.03 74 Annual 172,751 181,388 190,458 199,981 209,980 220,479 228,195 Monthly 14,396 15,116 15,871 16,665 17,498 18,373 19,016 Hourly 83.05 87.21 91.57 96.14 100.95 106.00 109.71 75 Annual 177,070 185,923 195,219 204,980 215,229 225,991 233,900 Monthly 14,756 15,494 16,268 17,082 17,936 18,833 19,492 Hourly 85.13 89.39 93.86 98.55 103.48 108.65 112.45 CM Annual 272,942 Hourly 131.22 CC Annual 25,662 City Council Per Meeting 50 19,276 111.21 237,095 19,758 113.99 243,022 20,252 The 3% COLA calculated on each of the hourly salary steps effective July 1, 2021 may result in de minimus differences due to rounding versus the payroll system generated pay schedule. The Director of Finance may need to make minor rounding adjustments to this schedule during implementation. 116.84 City Manager --per contract dated 3-1-2021 Housing Authority Meetings 108.50 231,312 Page 279 of 563 [This page has intentionally been left blank.] Page 280 of 563 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 14, 2022 PREPARED BY: Andrea Staehle, Human Resources Manager REQUEST: APPROVAL OF A 3% COST OF LIVING ADJUSTMENT (COLA) EFFECTIVE JULY 1, 2022, FOR EMPLOYEES IN THE UNREPRESENTED GROUP AND AUTHORIZATION FOR THE CITY MANAGER TO IMPLEMENT THE ACTION RECOMMENDATION: 1. Approve a 3% Cost of Living Adjustment (COLA) effective July 1, 2022, for the unrepresented employees; and 2. Authorize the City Manager to take actions to implement the approved COLA for the unrepresented employees BACKGROUND/ANALYSIS: On December 16, 2021, the City Council approved a staff report and a Memorandum of Understanding (MOU) with the Palm Desert Employees Organization (PDEO) to provide a 3.0% COLA effective July 1, 2021 and no COLA for 2022/2023 fiscal year. Given the current inflationary climate and recent recruitment issues, recently, staff polled neighboring agencies to determine if the agencies intended to increase compensation, either by a lump sum or COLA, for the 2022/2023 fiscal year. The results of the study provided evidence that most cities anticipated increasing compensation either through COLA or a lump sum. Considering the result of the study and the Consumer Price Index (CPI) for Riverside County (March to March) was 10%, staff is requesting approval to implement a 3% COLA effective July 1, 2022, to the unrepresented employee group after implementation of the classification and compensation study salary schedule in order to effectively retain employees, recruit new employees, and respond to inflation. Employees designated as “over market” from the Class and Compensation Study and who are considered y-rated, will receive a portion of, or all of the 3% COLA, as a lump sum. Employees designated as “in market”, will receive the 3% COLA on the salary schedule. FINANCIAL IMPACT: The fiscal impact to implement the 3% COLA, including salary and benefits for the unrepresented employees, including the City Manager and Council is approximately $155,000. Sufficient funds to cover this adjustment have been included in the 2022/23 Financial Plan. Page 281 of 563 City of Palm Desert Approval of Cost of Living Adjustment – Unrepresented Employee Group Page 2 of 2 REVIEWED BY: Finance Director: Veronica Chavez City Manager: ATTACHMENT: 1. Salary Schedule Page 282 of 563 Classification Legacy Range Salary Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 10 Annual 35,571 37,349 39,217 41,178 43,236 45,398 46,987 48,820 Monthly 2,964 3,112 3,268 3,431 3,603 3,783 3,916 4,068 Hourly 17.10 17.96 18.85 19.80 20.79 21.83 22.59 23.47 11 Annual 36,460 38,283 40,197 42,207 44,317 46,533 48,162 50,040 Monthly 3,038 3,190 3,350 3,517 3,693 3,878 4,013 4,170 Hourly 17.53 18.41 19.33 20.29 21.31 22.37 23.15 24.06 12 Annual 37,371 39,240 41,202 43,262 45,425 47,697 49,366 51,291 Monthly 3,114 3,270 3,434 3,605 3,785 3,975 4,114 4,274 Hourly 17.97 18.87 19.81 20.80 21.84 22.93 23.73 24.66 13 Annual 38,306 40,221 42,232 44,344 46,561 48,889 50,600 52,573 Monthly 3,192 3,352 3,519 3,695 3,880 4,074 4,217 4,381 Hourly 18.42 19.34 20.30 21.32 22.39 23.50 24.33 25.28 14 Annual 39,263 41,227 43,288 45,452 47,725 50,111 51,865 53,888 Monthly 3,272 3,436 3,607 3,788 3,977 4,176 4,322 4,491 Hourly 18.88 19.82 20.81 21.85 22.94 24.09 24.94 25.91 15 Annual 40,245 42,257 44,370 46,589 48,918 51,364 53,162 55,235 Monthly 3,354 3,521 3,698 3,882 4,077 4,280 4,430 4,603 Hourly 19.35 20.32 21.33 22.40 23.52 24.69 25.56 26.56 16 Annual 41,251 43,314 45,479 47,753 50,141 52,648 54,491 56,616 Monthly 3,438 3,609 3,790 3,979 4,178 4,387 4,541 4,718 Hourly 19.83 20.82 21.87 22.96 24.11 25.31 26.20 27.22 17 Annual 42,282 44,397 46,616 48,947 51,395 53,964 55,853 58,031 Monthly 3,524 3,700 3,885 4,079 4,283 4,497 4,654 4,836 Hourly 20.33 21.34 22.41 23.53 24.71 25.94 26.85 27.90 18 Annual 43,339 45,506 47,782 50,171 52,679 55,313 57,249 59,482 Monthly 3,612 3,792 3,982 4,181 4,390 4,609 4,771 4,957 Hourly 20.84 21.88 22.97 24.12 25.33 26.59 27.52 28.60 19 Annual 44,423 46,644 48,976 51,425 53,996 56,696 58,681 60,969 Monthly 3,702 3,887 4,081 4,285 4,500 4,725 4,890 5,081 Hourly 21.36 22.43 23.55 24.72 25.96 27.26 28.21 29.31 20 Annual 45,534 47,810 50,201 52,711 55,346 58,114 60,148 62,493 Monthly 3,794 3,984 4,183 4,393 4,612 4,843 5,012 5,208 Hourly 21.89 22.99 24.13 25.34 26.61 27.94 28.92 30.04 21 Annual 46,672 49,005 51,456 54,029 56,730 59,566 61,651 64,056 Monthly 3,889 4,084 4,288 4,502 4,727 4,964 5,138 5,338 Hourly 22.44 23.56 24.74 25.98 27.27 28.64 29.64 30.80 22 Annual 47,839 50,231 52,742 55,379 58,148 61,056 63,193 65,657 Monthly 3,987 4,186 4,395 4,615 4,846 5,088 5,266 5,471 Hourly 23.00 24.15 25.36 26.62 27.96 29.35 30.38 31.57 23 Annual 49,035 51,486 54,061 56,764 59,602 62,582 64,772 67,298 Monthly 4,086 4,291 4,505 4,730 4,967 5,215 5,398 5,608 Hourly 23.57 24.75 25.99 27.29 28.65 30.09 31.14 32.36 24 Annual 50,260 52,774 55,412 58,183 61,092 64,147 66,392 68,981 Monthly 4,188 4,398 4,618 4,849 5,091 5,346 5,533 5,748 Hourly 24.16 25.37 26.64 27.97 29.37 30.84 31.92 33.16 101 25 Annual 51,517 54,093 56,798 59,637 62,619 65,750 68,051 70,705 Monthly 4,293 4,508 4,733 4,970 5,218 5,479 5,671 5,892 Hourly 24.77 26.01 27.31 28.67 30.11 31.61 32.72 33.99 26 Annual 52,805 55,445 58,217 61,128 64,185 67,394 69,753 72,473 Monthly 4,400 4,620 4,851 5,094 5,349 5,616 5,813 6,039 Hourly 25.39 26.66 27.99 29.39 30.86 32.40 33.53 34.84 27 Annual 54,125 56,831 59,673 62,657 65,789 69,079 71,497 74,285 Monthly 4,510 4,736 4,973 5,221 5,482 5,757 5,958 6,190 Hourly 26.02 27.32 28.69 30.12 31.63 33.21 34.37 35.71 104 28 Annual 55,478 58,252 61,165 64,223 67,434 70,806 73,284 76,142 Monthly 4,623 4,854 5,097 5,352 5,620 5,900 6,107 6,345 Hourly 26.67 28.01 29.41 30.88 32.42 34.04 35.23 36.61 29 Annual 56,865 59,708 62,694 65,829 69,120 72,576 75,116 78,046 Monthly 4,739 4,976 5,224 5,486 5,760 6,048 6,260 6,504 Hourly 27.34 28.71 30.14 31.65 33.23 34.89 36.11 37.52 106 30 Annual 58,287 61,201 64,261 67,474 70,848 74,390 76,994 79,997 Monthly 4,857 5,100 5,355 5,623 5,904 6,199 6,416 6,666 City of Palm Desert Salary Schedule (effective July 1, 2022) Supervisors/Managers Page 1 of 4 w 3% COLA effective July 1, 2022 for Unrepresented Staff Page 283 of 563 Hourly 28.02 29.42 30.89 32.44 34.06 35.76 37.02 38.46 31 Annual 59,744 62,731 65,868 69,161 72,619 76,250 78,919 81,997 Monthly 4,979 5,228 5,489 5,763 6,052 6,354 6,577 6,833 Hourly 28.72 30.16 31.67 33.25 34.91 36.66 37.94 39.42 32 Annual 61,238 64,299 67,514 70,890 74,435 78,156 80,892 84,047 Monthly 5,103 5,358 5,626 5,908 6,203 6,513 6,741 7,004 Hourly 29.44 30.91 32.46 34.08 35.79 37.58 38.89 40 109 33 Annual 62,768 65,907 69,202 72,662 76,295 80,110 82,914 86,148 Monthly 5,231 5,492 5,767 6,055 6,358 6,676 6,910 7,179 Hourly 30.18 31.69 33.27 34.93 36.68 38.51 39.86 41.42 34 Annual 64,338 67,555 70,932 74,479 78,203 82,113 84,987 88,301 Monthly 5,361 5,630 5,911 6,207 6,517 6,843 7,082 7,358 Hourly 30.93 32.48 34.10 35.81 37.60 39.48 40.86 42.45 111 35 Annual 65,946 69,243 72,706 76,341 80,158 84,166 87,112 90,509 Monthly 5,496 5,770 6,059 6,362 6,680 7,014 7,259 7,542 Hourly 31.70 33.29 34.95 36.70 38.54 40.46 41.88 43.51 36 Annual 67,595 70,975 74,523 78,249 82,162 86,270 89,289 92,772 Monthly 5,633 5,915 6,210 6,521 6,847 7,189 7,441 7,731 Hourly 32.50 34.12 35.83 37.62 39.50 41.48 42.93 44.60 113 37 Annual 69,285 72,749 76,386 80,206 84,216 88,427 91,522 95,091 Monthly 5,774 6,062 6,366 6,684 7,018 7,369 7,627 7,924 Hourly 33.31 34.98 36.72 38.56 40.49 42.51 44.00 45.72 114 38 Annual 71,017 74,568 78,296 82,211 86,321 90,637 93,810 97,468 Monthly 5,918 6,214 6,525 6,851 7,193 7,553 7,817 8,122 Hourly 34.14 35.85 37.64 39.52 41.50 43.58 45.10 46.86 39 Annual 72,792 76,432 80,253 84,266 88,479 92,903 96,155 99,905 Monthly 6,066 6,369 6,688 7,022 7,373 7,742 8,013 8,325 Hourly 35.00 36.75 38.58 40.51 42.54 44.67 46.23 48.03 40 Annual 74,612 78,343 82,260 86,373 90,691 95,226 98,559 102,403 Monthly 6,218 6,529 6,855 7,198 7,558 7,935 8,213 8,534 Hourly 35.87 37.66 39.55 41.53 43.60 45.78 47.38 49.23 41 Annual 76,477 80,301 84,316 88,532 92,959 97,607 101,023 104,963 Monthly 6,373 6,692 7,026 7,378 7,747 8,134 8,419 8,747 Hourly 36.77 38.61 40.54 42.56 44.69 46.93 48.57 50.46 118 42 Annual 78,389 82,309 86,424 90,745 95,283 100,047 103,548 107,587 Monthly 6,532 6,859 7,202 7,562 7,940 8,337 8,629 8,966 Hourly 37.69 39.57 41.55 43.63 45.81 48.10 49.78 51.72 43 Annual 80,349 84,366 88,585 93,014 97,665 102,548 106,137 110,276 Monthly 6,696 7,031 7,382 7,751 8,139 8,546 8,845 9,190 Hourly 38.63 40.56 42.59 44.72 46.95 49.30 51.03 53.02 Deputy City Clerk 120 44 Annual 84,843 89,066 93,517 98,218 103,106 108,264 112,050 116,418 Monthly 7,070 7,422 7,793 8,185 8,592 9,022 9,338 9,702 Hourly 40.79 42.82 44.96 47.22 49.57 52.05 53.87 55.97 Senior Financial Analyst 121 45 Annual 86,944 91,291 95,846 100,651 105,685 110,968 114,858 119,330 Senior Management Analyst Monthly 7,245 7,608 7,987 8,388 8,807 9,247 9,572 9,944 Hourly 41.80 43.89 46.08 48.39 50.81 53.35 55.22 57.37 Code Compliance Supervisor 46 Annual 89,128 93,579 98,259 103,168 108,326 113,734 117,728 122,304 Street Maintenance Supervisor Monthly 7,427 7,798 8,188 8,597 9,027 9,478 9,811 10,192 Permit Center Supervisor Hourly 42.85 44.99 47.24 49.60 52.08 54.68 56.60 58.80 123 47 Annual 88,690 93,125 97,781 102,670 107,803 113,194 117,155 121,725 Monthly 7,391 7,760 8,148 8,556 8,984 9,433 9,763 10,144 Hourly 42.64 44.77 47.01 49.36 51.83 54.42 56.32 58.52 48 Annual 90,907 95,453 100,225 105,237 110,499 116,024 120,084 124,768 Monthly 7,576 7,954 8,352 8,770 9,208 9,669 10,007 10,397 Hourly 43.71 45.89 48.19 50.59 53.12 55.78 57.73 59.98 125 49 Annual 93,180 97,839 102,731 107,868 113,261 118,924 123,086 127,887 Monthly 7,765 8,153 8,561 8,989 9,438 9,910 10,257 10,657 Hourly 44.80 47.04 49.39 51.86 54.45 57.18 59.18 61.48 Senior Project Manager 50 Annual 98,384 103,293 108,451 113,880 119,558 125,549 129,958 135,013 Monthly 8,199 8,608 9,038 9,490 9,963 10,462 10,830 11,251 Hourly 47.30 49.66 52.14 54.75 57.48 60.36 62.48 64.91 Community Services Manager 127 51 Annual 100,838 105,872 111,176 116,709 122,574 128,690 133,203 138,403 Facilities Manager Monthly 8,403 8,823 9,265 9,726 10,215 10,724 11,100 11,534 Housing Manager - - - - - - - - Special Programs Manager Hourly 48.48 50.90 53.45 56.11 58.93 61.87 64.04 66.54 Planning Manager 52 Annual 103,355 108,514 113,963 119,662 125,632 131,914 136,531 141,856 Transportation Manager Monthly 8,613 9,043 9,497 9,972 10,469 10,993 11,378 11,821 Page 2 of 4 w 3% COLA effective July 1, 2022 for Unrepresented Staff Page 284 of 563 Hourly 49.69 52.17 54.79 57.53 60.40 63.42 65.64 68.20 Accounting Manager 129 53 Annual 102,853 107,996 113,396 119,066 125,019 131,270 135,864 141,163 Finance Manager Monthly 8,571 9,000 9,450 9,922 10,418 10,939 11,322 11,764 Hourly 49.45 51.92 54.52 57.24 60.11 63.11 65.32 67.87 Assistant to the City Manager 54 Annual 108,576 114,026 119,725 125,694 131,997 138,590 143,437 149,032 Monthly 9,048 9,502 9,977 10,475 11,000 11,549 11,953 12,419 Hourly 52.20 54.82 57.56 60.43 63.46 66.63 68.96 71.65 55 Annual 108,060 113,463 119,137 125,093 131,348 137,916 142,743 148,310 Monthly 9,005 9,455 9,928 10,424 10,946 11,493 11,895 12,359 50T1 Hourly Annual 51.95 54.55 57.28 60.14 63.15 66.31 68.63 71.30 151,237 Public Affairs Manager 56 Hourly Annual 114,088 119,787 125,778 132,059 138,674 145,600 150,696 156,582 Monthly 9,507 9,982 10,482 11,005 11,556 12,133 12,558 13,049 Hourly 54.85 57.59 60.47 63.49 66.67 70.00 72.45 75.28 57 Annual 113,531 119,208 125,168 131,426 137,998 144,897 149,969 155,818 Monthly 9,461 9,934 10,431 10,952 11,500 12,075 12,497 12,985 Hourly 54.58 57.31 60.18 63.19 66.34 69.66 72.10 74.91 58 Annual 116,369 122,188 128,297 134,712 141,448 148,520 153,718 159,713 Monthly 9,697 10,182 10,691 11,226 11,787 12,377 12,810 13,309 Hourly 55.95 58.74 61.68 64.77 68.00 71.40 73.90 76.79 59 Annual 119,278 125,242 131,505 138,080 144,984 152,233 157,561 163,706 Monthly 9,940 10,437 10,959 11,507 12,082 12,686 13,130 13,642 Hourly 57.35 60.21 63.22 66.38 69.70 73.19 75.75 78.70 60 Annual 122,260 128,373 134,792 141,532 148,608 156,039 161,500 167,799 Monthly 10,188 10,698 11,233 11,794 12,384 13,003 13,458 13,983 Hourly 58.78 61.72 64.80 68.04 71.45 75.02 77.64 80.67 Human Resources Manager 137 61 Annual 129,085 135,533 142,293 149,427 156,894 164,736 170,518 177,154 Information Systems Manager Monthly 10,757 11,294 11,858 12,452 13,075 13,728 14,210 14,763 Chief Building Official Hourly 62.06 65.16 68.41 71.84 75.43 79.20 81.98 85.17 62 Annual 128,450 134,872 141,616 148,697 156,132 163,938 169,676 176,293 Monthly 10,704 11,239 11,801 12,391 13,011 13,662 14,140 14,691 Hourly 61.75 64.84 68.08 71.49 75.06 78.82 81.58 84.76 Deputy Director of Development Services 139 63 Annual 135,616 142,376 149,510 156,998 164,840 173,077 179,130 186,139 Deputy Director of Finance Monthly 11,301 11,865 12,459 13,083 13,737 14,423 14,928 15,512 Deputy Director of Public Works Hourly 65.20 68.45 71.88 75.48 79.25 83.21 86.12 89.49 64 Annual 134,953 141,700 148,785 156,225 164,036 172,238 178,266 185,218 Monthly 11,246 11,808 12,399 13,019 13,670 14,353 14,855 15,435 Hourly 64.88 68.13 71.53 75.11 78.86 82.81 85.70 89.05 City Clerk 65 Annual 142,480 149,594 157,082 164,944 173,160 181,854 188,219 195,541 Director of Economic Development Monthly 11,873 12,466 13,090 13,745 14,430 15,155 15,685 16,295 Hourly 68.50 71.92 75.52 79.30 83.25 87.43 90.49 94.01 66 Annual 141,785 148,874 156,318 164,133 172,340 180,957 187,291 194,595 Monthly 11,815 12,406 13,026 13,678 14,362 15,080 15,608 16,216 Hourly 68.17 71.57 75.15 78.91 82.86 87.00 90.04 93.56 145 67 Annual 145,329 152,596 160,225 168,237 176,649 185,481 191,973 199,460 Monthly 12,111 12,716 13,352 14,020 14,721 15,457 15,998 16,622 Hourly 69.87 73.36 77.03 80.88 84.93 89.17 92.29 95.89 68 Annual 148,962 156,411 164,231 172,443 181,065 190,118 196,772 204,446 Monthly 12,414 13,034 13,686 14,370 15,089 15,843 16,398 17,037 Hourly 71.62 75.20 78.96 82.91 87.05 91.40 94.60 98.29 69 Annual 152,687 160,321 168,337 176,754 185,591 194,871 201,691 209,557 Monthly 12,724 13,360 14,028 14,729 15,466 16,239 16,808 17,463 Hourly 73.41 77.08 80.93 84.98 89.23 93.69 96.97 100.75 Director of Development Services 70 Annual 161,200 169,250 177,715 186,597 195,936 205,733 212,930 221,250 Director of Finance Monthly 13,433 14,104 14,810 15,550 16,328 17,144 17,744 18,438 Hourly 77.50 81.37 85.44 89.71 94.20 98.91 102.37 106.37 71 Annual 160,416 168,437 176,859 185,702 194,987 204,736 211,902 220,166 Monthly 13,368 14,036 14,738 15,475 16,249 17,061 17,659 18,347 Hourly 77.12 80.98 85.03 89.28 93.74 98.43 101.88 105.85 Assistant City Manager 72 Annual 169,354 177,819 186,701 196,061 205,858 216,154 223,704 232,461 Monthly 14,113 14,818 15,558 16,338 17,155 18,013 18,642 19,372 Hourly 81.42 85.49 89.76 94.26 98.97 103.92 107.55 111.76 Page 3 of 4 w 3% COLA effective July 1, 2022 for Unrepresented Staff Page 285 of 563 73 Annual 168,537 176,964 185,812 195,103 204,858 215,101 222,630 231,312 Monthly 14,045 14,747 15,484 16,259 17,072 17,925 18,552 19,276 Hourly 81.03 85.08 89.33 93.80 98.49 103.41 107.03 111.21 74 Annual 172,751 181,388 190,458 199,981 209,980 220,479 228,195 237,095 Monthly 14,396 15,116 15,871 16,665 17,498 18,373 19,016 19,758 Hourly 83.05 87.21 91.57 96.14 100.95 106.00 109.71 113.99 75 Annual 177,070 185,923 195,219 204,980 215,229 225,991 233,900 243,022 Monthly 14,756 15,494 16,268 17,082 17,936 18,833 19,492 20,252 Hourly 85.13 89.39 93.86 98.55 103.48 108.65 112.45 116.84 City Manager --per contract dated 3-1-2021 CM Annual 281,133 Hourly 135.16 City Council CC Annual 26,432 Housing Authority Meetings Per Meeting 50.00 The 3% COLA calculated on each of the hourly salary steps effective July 1, 2022 may result in de minimus differences due to rounding versus the payroll system generated pay schedule. The Director of Finance may need to make minor rounding adjustments to this schedule during implementation. Page 4 of 4 w 3% COLA effective July 1, 2022 for Unrepresented Staff Page 286 of 563 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 14, 2022 PREPARED BY: Veronica Chavez, Director of Finance REQUEST: CONSIDERATION OF DESERT WILLOW RESIDENT PROGRAM CHANGES RECOMMENDATION: 1. Consideration of changes to the 2022/23 Champions Club League Program and Platinum Club Card Program for Palm Desert residents at Desert Willow Golf Resort. BACKGROUND/ANALYSIS: The City of Palm Desert provides various opportunities for Palm Desert residents to take advantage of the amenities at Desert Willow through many exclusive programs that are offered at reduced rates. Each of the programs are summarized in the table below: Program Fees Tee Time Policy Notes/ Terms PD Resident Golf Card $52/round 3 day booking window • Annual Card Renewal Required Champions Club League $52/round 32 week organized play schedule 7:30AM-10AM • Every Wednesday from Oct-May • Qualify for facility wide benefits o 50% off Practice Facility o 25% off Apparel o 15% of Golf Academy Lesson o 10% off Dining Platinum Club Card 21/22 - $299/yr $30-$115/round* 21 day booking window • May bring up to 3 guests • Qualify for facility wide benefits o 50% off Practice Facility o 25% off Apparel o 15% off Golf Academy Lesson o 10% off Dining • VIP benefits at local businesses Summer VIP Resident Card (may be purchased by non- residents for $99) $50-100/round** 7 day booking window • Available June 1 – September 18 • Qualify for facility wide benefits o 25% off Apparel o 15% off Accessories o 15% off Golf Academy Lesson o 10% off Dining *Price varies depending on time of day, and season **Price varies depending on time of day Recently staff and Kemper studied the programs offered to see if they could be modified, within reason, to determine the potential impacts of adding additional opportunities for residents at Desert Willow. The programmatic changes that appear to demonstrate the right balance of viable growth with some additional opportunity costs were discussed in depth and supported by the President’s Club and are being presented to City Council for consideration. Page 287 of 563 City of Palm Desert 2022/23 Desert Willow Resident Program Changes Page 2 of 3 2022/23 Champions Club League Proposal The league currently offers 52 tee times weekly on Wednesday’s during the months of October through May. That is the equivalent of 1,664 rounds of golf (32 weeks x 52 tee times = 1,664 total tee times) at a discounted rate of $52, costing the City $95,631 in revenue as demonstrated by the current ADR. COST OF SUBSIDY In order to accommodate additional residents at a reasonable cost, the proposal is to increase to 72 tee times weekly. That is the equivalent of 2,304 rounds of golf (32 weeks x 72 tee times = 2,304 total tee times) at a discounted rate of $52, costing an additional $44,443, for a total loss in revenue (or opportunity cost) of $140,074. COST OF SUBSIDY 2022/23 Platinum Club Card Proposal Historically the Platinum Club Cards have been sold with a 70/30 non-resident to resident split of 800 total cards. With a suggested 2022/23 price of $499 for non-residents and $249 for residents (currently priced at $349 and $299, respectively), this split on the platinum card has considerable opportunity costs associated with the program. The non-resident cards generate $279,440 (70% x 800 x $499 = $279,440) annually in revenue. Resident cards generate $59,760 (30% x 800 x $249 = $59,760). The combined revenue generated by this program is $339,200. Making the cards available to residents comes at an annual cost of $60,000. In order to accommodate additional residents at a reasonable cost, the proposal is to modify to a 50/50 non-resident to resident split of the total 800 cards. Under this proposal, the non-resident cards would generate $199,600 (50% x 800 x $499 = $199,600). Resident cards would generate $99,600 (50% x 800 x $249 = $99,600). The modified combined revenue generated by this program would be $299,200. Making the additional cards available to residents will cost an additional $40,000 for a total loss in revenue of $100,000. The proposed changes reflected above are being considered during a time of major tee time pressure and inflationary costs hitting the bottom line, in order to expand Palm Desert resident’s ability to access the course. Please keep in mind that the decision to make these changes will result in reduced revenue to Desert Willow and currently operational revenue does not cover the costs of capital improvements at Desert Willow. Ultimately any deviation from current resident support and policy, may impact the need for support from the General Fund in the long-term, but given the current climate, it is worth the conversation by City Council. Current ADR Oct Nov Dec Jan Feb Mar Apr May 7:30am -10:00AM (Champions Block)122.30 125.54 112.87 120.19 144.80 139.08 112.15 94.60 Resident Rate 52 52 52 52 52 52 52 52 Rounds/Month 208 208 208 208 208 208 208 208 1664 Rounds Revenue 14,622 15,296 12,661 14,184 19,302 18,113 12,511 8,861 95,631 Current ADR Oct Nov Dec Jan Feb Mar Apr May 7:30am -10:00AM (Champions Block)122.30 125.54 112.87 120.19 144.80 139.08 112.15 94.60 Resident Rate 52 52 52 52 52 52 52 52 Rounds/Month 288 288 288 288 288 288 288 288 2304 Rounds Revenue 20,246 21,180 17,531 19,639 26,726 25,080 17,323 12,269 140,074 Page 288 of 563 City of Palm Desert 2022/23 Desert Willow Resident Program Changes Page 3 of 3 Balancing the importance of maintaining the quality of the golf experience at Desert Willow, keeping the facility at the forefront of the competitive SoCal market, while providing opportunities for Palm Desert residents to be a part of the experience is an on-going priority. Staff will continue to work closely with Kemper to explore and develop the best balance of these objectives. Committee Recommendation: The requested changes were discussed and approved at the President’s Club and moved forward for City Council consideration. FINANCIAL IMPACT: Each discount program available to Palm Desert residents comes with an associated opportunity cost. Those costs are briefly provided below: Program Time Period Est. Annual Opportunity Cost Note PD Resident Golf Card October-May $500,000 • No proposed changes at this time Champions Club League Wed’s, Oct-May 52 players - $95,000 72 players - $140,000 • 2022/23 Proposing inc to 72 players Platinum Club Card Annual 50% PD Res - $40,000 Total Cost $100,000 • Historically 30% of Platinum Cards sold to PD Residents • 2022/23 Proposing inc to 50% available to be sold to PD Residents Summer VIP Resident Card Jun 1 – Sept 18 $49/Resident $79/Non-Resident $7,000 • Card has been provided complimentary since 2020. • Opportunity Cost is lost card revenue Both Kemper and city staff believe that these additional opportunity costs may be the optimal compromise to provide the desired resident access and facilitate the balance necessary to achieve the desired outcome, as well as engender an improved relationship with concerned resident golfers. REVIEWED BY: Department Director: Veronica Chavez Finance Director: Veronica Chavez Assistant City Manager: Andy Firestine City Manager: L. Todd Hileman Page 289 of 563 Programs Available to Residents PD Resident Golf Card Champions Club League Platinum Club Card Summer VIP Resident Card $52/round $52/round $349 non-resident, $299 resident Cost of rounds vary depending on time/season $0 to residents $99 non-residents $30-40/round 3-day booking window 32-week organized play schedule (7:30-10:00AM 21-day booking window 7-day booking window Annual Card Renewal Required Qualify for facility wide discounts Currently 70/30 split of 800 cards; proposed to change to 50/50 split (non-resident to resident share) Qualify for facility wide discounts October –May Every Wednesday from October –May N/A –May bring 3 guests June 1 –September 18 Est. Revenue Loss: $500,000/Yr Est. Revenue Loss: Currently $95,000/Yr Proposed $140,000/Yr Est. Revenue Loss: Currently $60,000/Yr Proposed $100,000/Yr Est. Revenue Loss: $7,000/Yr No Proposed Change Currently 52 players, proposed change to 72 players Proposed to change to $499 non-resident $249 resident No Proposed Change Page 290 of 563 CITY OF PALM DESERT CITY MANAGER’S OFFICE INTEROFFICE MEMORANDUM To: Honorable Mayor and Councilmembers From: Heather Horning, Assistant to the City Manager Date: July 14, 2022 Subject: City Council Agenda (July 14, 2022) Below you will find questions received from the Mayor and/or Councilmembers and answers provided by City staff regarding tonight’s Council meeting agenda. CONSENT CALENDAR – ITEM O: APPROVE THE CITY OF PALM DESERT NEW YEAR’S EVE CELEBRATION ON EL PASEO •Question: Is the New Year’s Event really happening a day early on December 30th? Can you provide more information about the count down with a "diamond drop"? o Answer: This event is scheduled for Friday, December 30th from 12pm to 8pm, and it will not include a “diamond drop” countdown as originally planned. The event organizers agreed that these did not make sense due to the date and time of the event proposed. In future, the organizers plan to implement changes to time and date for future New Year’s Eve events. The organizer is also open to implementing date and times changes in future years, as they build upon this year’s layout and concept. CONSENT CALENDAR – ITEM U: CONSIDERATION OF APPOINTMENT OF APPLICANTS TO FINANCE COMMITTEE AND ARCHITECTURAL REVIEW COMMISSION •Question: Will there be a revised report for this item to reflect the appointments being made to the vacant Commission positions? o Answer: A corrected version of the Vacancies and Appointments Chart is included in the supplemental material provided to City Council prior to the meeting. ACTION CALENDAR – ITEM C: CONSIDERATION OF DESERT WILLOW RESIDENT PROGRAM CHANGES •Question: When was the Desert Willow Resident Golf Rate increased to $52? o Answer: The City Council approved the increase to the Desert Willow Resident Golf Rate on June 28, 2018. The Staff Report and Resolution are attached for reference. Supplemental - Page 1 Page 7 Page 5 Question & Answer Memo Page 2 of 3 ACTION CALENDAR – ITEM J: ADOPT A RESOLUTION DECLARING THE CITY OF PALM DESERT OWNED PROPERTY LOCATED AT 45656 MOUNTAIN VIEW SURPLUS LAND AND AUTHORIZING STAFF TO RELEASE A NOTICE OF AVAILABILITY FOR THE SALE OF THE PROPERTY •Question: Once the City has complied with the Surplus Land Act and proceeds to sell the property, may offers be ranked based on the quality of the proposed purchaser's plan for preserving the historic value of the property? o Answer: The short answer is yes. The Surplus Land Act dictates that the City must negotiate for 90 days with all viable respondents to the Notice of Availability (NOA) for the property with priority given to the project with the highest level of affordability. The NOA will include all information on the property including zoning and the historic designation. Respondents to the NOA will have to adhere to and take into consideration the requirements of the historic designation if they are proposing to renovate the property. The City would review plans for this property as they would any other historically designated property. After this time period has ended, the City is able to consider the quality of the proposed purchaser’s plan for preserving the historic value of the property when reviewing offers. ACTION CALENDAR – ITEM K: APPROVE A CONTRACT WITH CIRCUIT TRANSIT, INC., IN AN AMOUNT NOT TO EXCEED $200,000 FOR THE OPERATION OF UP TO THREE (3) VENDOR- OWNED EL PASEO COURTESY CARTS AND APPROPRIATE $41,000 FROM UNASSIGNED GENERAL FUND RESERVES •Question: How do the proposed carts from Circuit compare to our current city-owned carts when it comes to access to individuals with mobility limitations? Do we achieve any improvement? o Answer: The City currently has one ADA accessible cart that is available upon request and used during special events when all three carts are being used. The proposal costs from Circuit include three carts, each with six seats, and does not include an ADA accessible cart. Circuit is able to provide the City with an ADA compliant cart with five seats at an additional hourly cost $2.60 per cart. The increase to the total proposed contract amount would be $4,000 to upgrade one cart to an ADA accessible cart. Therefore, the overall budget would increase from approximately $200,000 to $204,000 based on operations of three total carts, with one of them being ADA accessible. •Question: Has staff reached any conclusions about best way to re-deploy our current carts? Do we have another possible use for them? Any chance the Living Desert might want them after their parking lot is expanded? o Answer: Staff does not currently have a plan for redeployment or reuse of the existing Courtesy Carts, but will explore options including their potential sale. Staff plans to bring options forward to the City Council for approval. Supplemental - Page 2 Question & Answer Memo Page 3 of 3 PUBLIC HEARING – ITEM B: APPROVE OUTSIDE AGENCY FUNDING COMMITTEE RECOMMENDATIONS FOR FY 2022/2023 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND USE OF FUNDING, AND ANNUAL ACTION PLAN FOR FY 2022-2023 •Question: Can you provide the comments/reasoning for the CDBG recipients receiving partial or no funding? o Answer: A memo with the comments/reasoning for each of the CDBG recipients receiving partial or no funding is attached. ATTACHMENTS: 1.Item 2C - Resolution 2018-47 Increase DW Resident Golf Rate 2.Item 3B - Memo CDBG Recipients Receiving Partial or No Funding Supplemental - Page 3 Page 21 RESOLUTION NO. 2018-47 STAFF REPORT CITY OF PALM DESERT ECONOMIC DEVELOPMENT DEPARTMENT MEETING DATE: June 28, 2018 PREPARED BY: Martin Alvarez, Director of Economic Development REQUEST: Approval of a Resolution Increasing the Desert Willow Resident Golf Rate to $52.00 Based on Consumer Price Index Recommendation By Minute Motion that the City Council: 1. Approve Resolution No. 2018-4 7 establishing a policy to adjust the Desert Willow resident golf rate annually based on the Consumer Price Index (CPI), March to March for the Los Angeles, Long Beach and Riverside County regions, rounded to the nearest whole dollar; and 2.Approval of an increase to the Desert Willow resident golf rate from $50.00 to $52.00 for Fiscal Year 2018-2019. Strategic Plan The proposed resolution aligns with the City's Envision Palm Desert Strategic Plan, Parks and Recreation Priority 3: Make recreational and exercise opportunities pervasive in all public spaces; and the Tourism and Marketing Priority 1: Improve access to Palm Desert and its attractions to enhance the ease of lifestyle. Executive Summary Approval of the attached resolution establishes a policy authorizing an annual adjustment to the Desert Willow resident golf rate based on the CPI, March to March for the Los Angeles, Long Beach and Riverside County regions and an increase to the Desert Willow resident golf rate from $50.00 to $52.00 for Fiscal Year 2018-2019. Background At the June 14, 2018 City Council meeting, staff was directed to return to the City Council for consideration of increasing the current $50.00 resident golf rate at Desert Willow Golf Resort, based on last year's CPI calculation, rounded to the nearest dollar. The CPI for the Coachella Valley is calculated using the March to March index for the Los Angeles, Long Beach and Riverside County regions. (Note that a new index for the Item 2C - Desert Willow Supplemental - Page 7 DW Resident Golf Rates -Staff Report June 28, 2018 Page 2 of 3 Riverside-San Bernardino-Ontario area has recently been developed, and will be more appropriate to use in future years.) Upon the opening of the Desert Willow Golf Resort in 1997, the resident golf rate was established by City Council at $45.00 per round. The resident golf rate remained unchanged until 2013 when the City Council adjusted the resident rate from $45.00 to $48.00/round using the CPI and 2010 as a base year. Additional CPI adjustments took place in July 2015 to $49.00 and in 2016 to the current $50.00/round resident rate. The average cost per round over the last five years is summarized below. The average cost per round is established with a formula of adding the golf-related expenses and dividing the average annual rounds played of 85,000 (not including depreciation, capital expenses, interest and management fee). Average Actual Average Cost FY Annual Golf Related Costs * Rounds Rounds Per Round 2013-14 85,000 89,001 $ 6,143,112 $72.27 2014-15 85,000 87,252 $ 6,019,221 $70.81 2015-16 85,000 80,572 $ 5,951,445 $70.02 2016-17 85,000 79,353 $ 6,180,824 $72.72 2017-18 $ 6,477,770 $76.21 Estimate 85,000 90,008 2018-19 $ 6,630,223 $78.00 Budqet 85,000 87,186 Desert Willow Golf Resort averages over 85,000 rounds of golf per year and approximately 20-25% of the rounds come from residents. The rates for non-residents vary depending on the time of the season and the time of play. The resident rate is currently $50.00 year round. Given that approximately 20,000 of all rounds at Desert Willow are resident rounds and the cost per round is $76.21, residents pay $26.21 less than the average cost per round. Discussion Per the direction of the City Council, staff has reviewed and calculated last year's CPI using the March to March CPI for the Los Angeles, Long Beach and Riverside area. (A new index more specific to the Inland Empire, will be more appropriate to use in future years.) The CPI calculation resulted in a 3.79 percent increase, which equals a $1.96 increase to the $50.00 resident rate. Rounding to the nearest dollar, staff is recommending the resident rate increase from $50.00 to $52.00. G \Econ DevelopmentlMart,n Alvarez\2018\SRIDWResRateCPI 6-28-18 doc Item 2C - Desert Willow Supplemental - Page 8 OW Resident Golf Rates -Staff Report June 28, 2018 Page 3 of 3 CPI Year CPI% CPI Adjustment 2017-2018 3.79 $1.96 Actual Resident Rate Proposed Resident Rate I $51.96 $52.00 -7 If actual CPI had been implemented annually to the resident rate over the last 20 years, the actual resident rate would be $74.00 today (see attached analysis). The arguments for utilizing CPI to adjust the resident rate allow for a slight modification in the rate from year to year, avoiding large, one time increases, yet allowing the recovery of some increased costs to labor, water, energy, fertilizer, seed, equipment. etc. An additional consideration to justify the increase to the resident rate is that artificially keeping the resident rate far below the cost of golf rounds impacts the private golf clubs' ability to attract new members, especially residents. Fiscal Analysis The proposed CPI increase to the resident rate from $50.00 to $52.00 is estimated to increase golf revenue by approximately $40,000, based on an estimated 20,000 resident rounds projected for FY 2018-19. These funds will assist with offsetting increases in minimum wage labor rates, materials and utilities for next fiscal year. Although Desert Willow is not a current burden on the City's General Fund, without former Redevelopment Agency funds for large capital expenditures, an increase in revenues will also allow the City and the City's golf course operator to build a capital replacement account to maintain and repair the wear and tear to the golf course and facilities. LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW CITY MANAGER -1 N/A 1 Robert W. Hargreaves Martin Alvarez ' Lauri Aylaian I City Attorney Economic Development City Manager 1 '--______ __.__D_ir_e_ct_or _____ _.._ _________ � ______ _J ATTACHMENTS: Resolution No. 20 is-4 7 CPI Analysis 1997-2018 G \Econ Development\Mart,n Alvarez\2018\SRIDWResRateCPI 6·28·18 doc Item 2C - Desert Willow Supplemental - Page 9 RESOLUTION NO. 2018-4 7 A RESOLUTION OF THE CITY OF PALM DESERT ADJUSTING THE RESIDENT GOLF RATE AT THE DESERT WILLOW GOLF RESORT BASED ON CONSUMER PRICE INDEX WHEREAS, the City of Palm Desert has developed two public golf courses to provide for recreational facilities; and WHEREAS, the City of Palm Desert has certain obligations in accordance with that certain agreement with the Management Company of the Golf Resort to establish and set said green fees; and WHEREAS, the City of Palm Desert desires to provide for reasonable rates to play said golf course for its residents of the City; and WHEREAS, the City of Palm Desert City Council approves the establishment of a policy to adjust the resident golf rate annually based on utilizing the annual Consumer Price Index, March to March, for the Los Angeles, Long Beach and Riverside area (or such other area as may be more geographically appropriate) rounding to nearest whole dollar; and NOW, THEREFORE BE IT RESOLVED, that effective July 1, 2018, the City of Palm Desert hereby adjusts the resident golf rate from $50.00 to $52.00 based on utilizing the annual Consumer Price Index, March to March, for the Los Angeles, Long Beach and Riverside area; PASSES, APPROVED AND ADOPTED the __ day of June 2018, AYES: NOES: ABSENT: ABSTAIN: ATTEST: RACHELLE D. I<.LASSEN, _CITY CLERK CITY OF PALM DESERT, CALIFORNIA SABBYJONATHAN,MAYOR G \Econ Development\Desert W,llow\Res,dent Adv,sory Comm,ttee\SR-RES\Resolut,on DW Green Fees 2018 docx Item 2C - Desert Willow Supplemental - Page 10 RESOLUTION NO. 2018-47 City of Palm Desert Desert Willow Analysis of CPI Impact on Resident Rate From 1997 through 201 8 Current CPI Adjusted Fiscal Resident Resident Year Rate Rate (CPI) 97-98 $ 45.00 $ 45.45 98-99 $ 45.00 $ 46.46 99-00 $ 45.00 $ 48.06 00-01 $ 45.00 $ 49.61 01-02 $ 45.00 $50.99 02-03 $ 45.00 $ 52.99 03-04 $ 45.00 $ 53.92 04-05 $ 45.00 $ 56.09 05-06 $ 45.00 $ 58.71 06-07 $ 45.00 $ 60.96 07-08 $ 45.00 $ 62.96 08-09 $ 45.00 $ 62.33 09-10 $ 45.00 $ 63.49 10-11 $ 45.00 $ 65.39 11-12 $ 45.00 $ 66.71 12-13 $ 48.00 $ 67.57 13-14 $ 48.00 $ 68.27 14-15 $ 49.00 $ 68.62 15-16 $ 50.00 $ 69.79 16-17 $ 50.00 $ 71.66 17-18 $ 50.00 $ 74.37 Item 2C - Desert Willow Supplemental - Page 11 Klassen, Rachelle From: Sent: To: Cc: Subject: Attachments: Rachelle, Tom Walton <twalton@me.com> Saturday, June 16, 2018 8:17 AM Klassen, Rachelle Kevin Fahey; Neddy Thompson; Lou Gonzalez Strong Marketing Message The Enduring Enigma of Costco's $1.50 Hot Dog and Soda Combo.pdf; A TT0000l.txt Please pass this on to all involved in resident de cisions at DWGR. 1 Item 2C - Desert Willow Supplemental - Page 12 D> AdChoices mentalJloss The Enduring Enigma of Costco·s $1.50 Hot Dog and Soda Combo © iStock // Tim Boyle, Getty Images The Enduring Enigma of Costco's $1.50 Hot Dog and Soda Combo Jake Rossen 6/8/2018 When Costco president W. Craig Jelinek once complained to Costco co founder and former CEO Jim Sinegal that their monolithic warehouse business was losing money on their famously cheap $1.50 hot dog and soda package, Sinegal listened, nodded, and then did his best to make his take on the situation perfectly clear. "If you raise [the price of] the effing hot dog, I will kill you," Sinegal said. "Figure it out." Ta king his words to heart, Jelinek-who became Sinegal's successor in 2012-has never raised the price on Costco's hot dog. Incredibly, it has sold for the same $1.50 since the retail club first introduced the dogs to customers in 1984. The quarter pound, all-beef tube and 20-ounce soda combo appears to be inflation-proof and immune to the whims of food distributors. How does Costco do it? Simple. When it comes to hot dogs, Costco doesn't price according to what the market will bear. They price according to their own cost and according to the value the hot dogs can afford them . According to Jelinek, people would pay $1.75, and maybe more, for the deal. But is that extra 25 cents going to be more valuable than the goodwill and foot traffic generated by a combo that's stuck to its price point for nearly 35 years? Probably not. Customers coming in to shop at Costco are amused, satisfied, and fueled by the hot dog meal. If they get it just before leaving the store, they're left with a lasting impression of being treated well. That's worth more than keeping up with inflation. Item 2C - Desert Willow Supplemental - Page 13 © Costco via Facebook Costco via Facebook That means Costco needs to maintain the food court staple with an eye on a steady price. When supply costs threatened to increase in 2009, the company made a major decision: They stopped using Hebrew National, makers of the all-kosher dog that they had used since 1984, and decided to move hot dog production in-house. A Kirkland's Signature hot dog plant was constructed in Los Angeles. When they needed to ramp up production, they built a second plant in Chicago. They've also had to keep costs on the soft drink side in line. When their deal with Coca-Cola was set to increase the price, Costco opted to sign with Pepsi in 2013, ensuring that their trademark $1.50 price sticker would be kept intact. To day, Costco sells over 100 million hot dogs annually, which is more than ever y MLB stadium combined. And they continue to prove surprisingly adept at anything that could add even a single cent to the deal. When California recently enacted a soft drink tax that would have raised the consumer's cost, Costco locations in the state switched the combo to include Diet Pepsi. (Diet drinks are exempt from the law.) The company's "effing hot dog" will continue to remain a steal for the foreseeable future. Item 2C - Desert Willow Supplemental - Page 14 Klassen, Rachelle From: Sent: To: Cc: Subject: Dear Ms. Johns: Klassen, Rachelle Friday, June 15, 2018 9:20 AM Barbara Johns Aylaian, Lauri; Alvarez, Martin; Moore, Janet; Hernandez, Anthony; Stanley, Jane FW: Please forward to City Council re: Desert Willow Thank you for your e-mail, which is being forwarded here to City Council (blind copy) and staff. Rachelle Klassen City Clerk Ph: 7 60.346.0611 Direct: 7 60.77 6.6304 rklassen �cfci tyofpalmdesert .org From: Barbara Johns [mailto:barbjohns@prodigy.net] Sent: Friday, June 15, 2018 7:10 AM To: Klassen, Rachelle <rklassen@cityofpalmdesert.org> Subject: Please forward to City Council re: Desert Willow I appreciate the hours it takes to serve on the City Council of an important resort city. And I thank you all for your time. Coming away from today's Council meeting, I have a few observations I'd like to share: Ms. Weber: Thank you for reminding Council that Desert Willow is an "amenity". It's a hybrid engine-a combination of economic driver and municipal attraction-that probably makes handling it confusing and contradictory. It certainly seems to be paying off in the economic portion with multiple new timeshares and condominiums. And this added city income has offset. .. what exactly? Attractive resident rates maybe? (BTW, pickleball is silly, too) Mr. Jonathon: I can see your measured financial analysis on the issue of Desert Willow. But you lost me with your insufferable observation that only ·'9 people" out of 3500 Resident Card holders "showed up to speak". I might point out that of the 46,500 people who do NOT have resident cards, none at all showed up to speak. Demeaning those who wish to participate is an error on your part, especially from your lofty perch. Ms. Harnik: The CPI is one idea, but what made the $45 beginning rate the right price? Maybe it should have started at $25. Who can remember? Ms. Kelly: Your calm presence and smooth summations were intelligent and impressive. Ms. Nestande: Thank you from your golfing constituents. I have played golf at OW for 15 years. I have shown the clubhouse to visitors, basked in city pride of ownership, and encouraged would-be residents to make sure they bought in Palm Desert. I have taken lessons there, purchased merchandise, and enjoyed a cold beer and lunch after a round. When Kemper eliminated the Item 2C - Desert Willow Supplemental - Page 15 Champion's Club several years ago, a good number of my friends left Desert Willow and have never returned. But it's not just their absence that hurts the city-it's also their animosity. What does Council have to gain by fostering more animosity amongst the golfers who remain? Yes, the Champion's Club came back, but it squeezed down the number of athletes who can actually get on the course on a Wednesday morning. And with the dwindling popularity of golf, the laws of supply and demand may come back to bite the City. I do not use the Aquatic Center or the gym, but do I resent the public money spent for those who use it? No, 1 do not. Perhaps those 46,500 silent residents feel the same way about Desert Willow. I can only guess-they didn't show up today. Barbara Johns Palm Desert 2 Item 2C - Desert Willow Supplemental - Page 16 Klassen, Rachelle From: Sent: To: Cc: Rob Lasorsa < rlasorsa@dc.rr.com > Friday, June 15, 2018 10:27 AM Klassen, Rachelle; CityhallMail Aylaian, Lauri; Hermann, David; Moore, Janet; Rocha, Grace; dwhite@desertwillow.com; pbucy@desertwillow.com; rszydlowski@desertwillow.com; Larry.Bohannan@DesertSun.com Subject: Re: Desert Willow Resident Rate Increases Thank you and HUGE gratitude to City Council for rejecting the increase fee proposal. Our only concern, however, was that this was not a 5-0 vote. This seems to indicate that two Council Members along with Kemper Sports may try this again in the future. Resident fees should be frozen at the current rates for the indefinite future. We maintain that, if such price increases are considered in the future, our group will continue to ''shop" our services to other local clubs. Other clubs would be elated to have year round paying customers. Rob Lasorsa Palm Desert CA On Jun 15, 2018, at 9: 17 AM, <rklassen(a)cityofpalmdesert.org> <rklassen<a),cityofpalmdesert.org> wrote: Good morning, Mr. Lasorsa. No, the Minutes won't be ready until they're presented to Council in a future agenda packet. Since we have had several large agendas in succession, we are running behind in transcription. Our plan is to have the June 14 Meeting Minutes on the July 12, 2018, agenda for approval. However, you may go to the video tape of the meeting online at this address: http://www.cityofpalmdesert.org/our-city/mayor-and-city-council-/city-council-meeting information-center. Scroll to the June 14, 2018, entry, which is right at the top of the list of past meetings, and click on video. Once you're in that mode, you will get a dual window open -one with the video, one with the agenda, scroll down to Section 13 -Resolutions, Item A, to hear the proceedings and resulting action on this matter. (If you need any further assistance, don't hesitate to telephone me, and I can walk you through getting into the video.) For purposes of expedience, pending full official transcription, the action taken was: Upon a motion by Councilmember Kelly, second by Councilmember Harnik, and 3-2 vote of the City Council (AYES: Harnik, Kelly, and Weber; NOES: Nestande and Jonathan): 1) Rejected both proposals set forth in Resolution No. 2018-33 (Resident Card Policy and Dynamic Pricing); 2) requested staff return to City Council to coincide with consideration of the FY 2018-2019 Budget on June 28, 2018, with a recommendation to adjust the present $50 Resident Rate based on CPI (Consumer Price Index) rate change for the last 12 months in the Southern California-Riverside County Region, rounded to the nearest dollar. Please let me know if I can be of any further assistance. 1 Item 2C - Desert Willow Supplemental - Page 17 Rae helle Klassen City Clerk Ph: 760.346.06 l l Direct: 760.776.6304 rklassen ii'cityofpalrndesert .org From: Rob Lasorsa (mailto:rlasorsa@dc.rr.com) Sent: Friday, June 15, 2018 6:22 AM To: Klassen, Rachelle <rklassen@cityofpalmdesert.org> Subject: Re: Desert Willow Resident Rate Increases Hello, Are the minutes of yesterday's meeting available yet? Thank you Rob Lasorsa On Jun 14, 2018, at 1:16 PM, <rklassen@,citvofpalmdesert.org> <rklassen@cityofpalmdesert.org> wrote: It begins at 4:00 p.m. -the regular session. Rachelle Klassen City Clerk Ph: 760.346.06 l l Direct: 760.776.6304 rklassen it cityofpalmdesert .org From: Rob Lasorsa [mailto:rlasorsa@dc.rr.com) Sent: Thursday, June 14, 2018 12:03 PM To: Klassen, Rachelle <rklassen@cityofpalmdesert.org> Subject: Re: Desert Willow Resident Rate Increases What time is that meeting today? Sent from my iPhone On Jun 14, 2018, at 11 :44 AM, <rklassen@cityofpalmdescrt.org> <rklassen(cv,cityofpalmdesert.org> wrote: Dear Mr. Lasorsa: Thank you for your e-mail, which is being distributed to City Council in adva nee of today's meeting. Rachelle Klassen City Clerk Ph: 760.346.06 l l Direct: 760.776.6304 rklassen :§'ci tyofpalmdesert ,org 2 Item 2C - Desert Willow Supplemental - Page 18 From: Stanley, Jane Sent: Thursday, June 14, 2018 11:32 AM To: Klassen, Rachelle <rklassen@cityofpalmdesert.org> Subject: FW: Desert Willow Resident Rate Increases Blind copied to the City Council From: Rob Lasorsa fmailto:rlasorsa@dc.rr.com] Sent: Thursday, June 14, 2018 11:27 AM To: CityhallMail <Cityhall@cityofpalmdesert.org> Cc: Information Mail <info@cityofpalmdesert.org>; Larry.Bohannan@DesertSun.com; info@kemperlesnik.com; dwhite@desertwillow.com; bnation@desertwillow.com; bsimpson@kempersports.com; jburns@desertwillow.com; slesnik@kempersports.com; sskinner@kempersports.com; jlesnik@kempersports.com Subject: Desert Willow Resident Rate Increases Dear City Council Members and Others: It has come to our attention that our City/RESIDENT owned Desert Willow Golf Club is considering, through the City, a increase in rates for tax paying residents. We understand that this would be considered "dynamic pricing" and rates would vary according to time of year, t time availability, and other factors. However it is discussed and "disguised", new resident pricing will amount to a significant price increase for residents. We urge City Council to vote against ANY plan that involves resident price increases or any other "dynamic" pricing options. We pay additional tax assessments and fees to our City for all of the benefits for living in this wonderful community, INCLUDING special resident rates at Desert Willow. Reasonable t times for PD residents has become increasingly difficult. In fact, City Council should be acting to help residents with Desert Willow t-time availability. The first four or five t times, especially on weekends, should be solely blocked off for residents only and at the current resident rate. Let me also add ..... . 3 Item 2C - Desert Willow Supplemental - Page 19 Approximately two years ago when Desert Willow came to the City Council to ask for approval of over six hundred thousand dollars for Firecliff renovations it was overwhelmingly approved. I was at that meeting and spoke to voice my support of the renovations and the approval of this "enormous" use of resident taxes. Our groups thoroughly enjoy Desert Willow, what I consider the absolute best set of courses in the Desert as stated on my Yelp Review: A 5 star review of Desert Willow Golf Resort by Rob L. https://www.yelp.com/bi7Jdesert-willow-golf-resort-palm desert?hrid=083IOSY JloOJe8o I O91-IZvg&utm source =ishare&ut m content=review However, if these price increases go through, we will have to take our business elsewhere. We have already discussed with a number of clubs pricing opportunities for Palm Desert Residents that could be as high 50 golfers that currently play Desert Willow. This will be tremendously detrimental to Desert Willow, especially during the Late Spring, Summer, and Early Fall months when we are greatly needed. Additionally, let me be succinctly clear: I have voted, time and again, AND helped to financially support FOUR of the current five members of City Council. Those votes and financial support will disappear if any increases or "dynamic" pricing changes are made against Palm Desert Residents at Desert Willow Golf. One more thing ....... . If this is being initiated by Kemper Sports, drop them! Kemper Sports has a history of managing "Goat Tracks" and charging enormous sums of money at their courses (see Bandon Dunes in Oregon and Streamsong Resort in Florida). Don't let them dictate their philosophies to Palm Desert City Residents who OWN Desert Willow Golf Club. Thank you for your time, Rob Lasorsa PO Box 14114 Palm Desert CA 92255 Street Address: 75595 Dempsey Drive Palm Desert CA 92211 (760)779-9148 rlasorsa@dc.rr.com 4 Item 2C - Desert Willow Supplemental - Page 20 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 14, 2022 PREPARED BY: Kalaina Perez, Management Analyst Veronica Chavez, Director of Finance REQUEST: APPROVAL OF RESOLUTION AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 2005-1 (UNIVERSITY PARK) FOR FISCAL YEAR 2022-23 RECOMMENDATION: That the City Council approve a resolution authorizing the annual levy of a special tax in the City of Palm Desert Community Facilities District No. 2005-1 (University Park) (the “CFD”) for Fiscal Year 2022-23 BACKGROUND/ANALYSIS: The CFD is located in the area north of Desert Willow between Portola and Cook Street, whose improvements are financed with the proceeds of the CFD’s $50 million and $17.915 million bonds issued to fund the improvements for streets, infrastructure, water, sewer, park improvements, and land acquisitions. Annually, the City Council must approve the levy of the special tax. Staff requests that the City Council authorize the levy of a special tax to pay for costs and expenses related to this District. The maximum rate of the special tax for the next fiscal year is attached to the resolution as Exhibit A. Approval of the resolution will allow the County Auditor to collect taxes as they become due. FINANCIAL IMPACT: The CFD 2005-1 (University Park) bonds are repaid through taxes collected on the respective parcels located within the boundaries. Approval of the resolution will allow the parcels to be levied for the 2022-2023 tax year and provide the City with the funds to pay the debt service on a timely basis. REVIEWED BY: Department Director: Veronica Chavez Bond Attorney/RWG: Lolly A. Enriquez Finance Director: Veronica Chavez Assistant City Manager: Andy Firestine City Manager: L. Todd Hileman ATTACHMENTS: 1. Resolution Page 291 of 563 City of Palm Desert (Replace with a brief description of the staff report) Page 2 of 2 2. Exhibit “A” – Proposed Special Tax Rates Page 292 of 563 RESOLUTION NO. ___________ 1 RESOLUTION OF THE CITY OF PALM DESERT, CALIFORNIA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 2005-1 (UNIVERSITY PARK) FOR FISCAL YEAR 2022/2023 WHEREAS, the City Council of the City of Palm Desert (hereinafter referred to as the "Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a Community Facilities District, as authorized pursuant to the terms and provisions of the "Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California. Community Facilities District No. 2005-1 shall hereinafter be referred to as "District" and, WHEREAS, this City Council, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said District, and this City Council intends to establish the specific rate of the special tax to be collected for the next fiscal year. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are true and correct. SECTION 2. That the special tax rates for each tax category to be used to generate special tax revenues, which will be collected to pay for the costs and expenses for the next fiscal year (2022/2023) for the referenced District, is hereby determined and established as set forth in the attached, referenced, and incorporated Exhibit “A”. SECTION 3. That the rate as set forth above does not exceed the amount as previously authorized by Ordinance of this Council and is not in excess of that as previously approved by the qualified electors of the District. SECTION 4. The Special Tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties, procedures, and sale in case of any delinquency for ad valorem taxes. The Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said Special Tax. SECTION 5. Monies above collected shall be paid into the District funds. SECTION 6. The Auditor of the County is hereby directed to enter in the next County assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "Public Improvements, Special Tax" or by any other suitable designation, the installment of the Special Tax, and for the exact rate and amount of said tax, reference is made to the attached Exhibit “A”. Page 293 of 563 RESOLUTION NO. ___________ 2 SECTION 7. The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties, and percentages so collected and from what property collected, and provide a statement of any percentages retained for the expense of making any such collection. SECTION 8. Special Taxes are to be levied on non-exempt parcels within the District. Should it be discovered that any taxable parcels are not submitted to the County Auditor for inclusion into the 2022/2023 Tax Roll subsequent to the submittal deadline of August 10, 2022, the City Council directs the City of Palm Desert staff or their agents to bill such parcels directly via U.S. mail using the rates as approved in Exhibit “A”. PASSED, APPROVED AND ADOPTED by the City Council of the City of Palm Desert, California this ______ day of , 2022 by the following vote: AYES: NAYS: ABSENT: ABSTAIN: _________________________________________ JAN C. HARNIK, MAYOR CITY OF PALM DESERT, CALIFORNIA ATTEST: ___________________________ ANTHONY J. MEJIA, CITY CLERK CITY OF PALM DESERT, CALIFORNIA APPROVED AS TO FORM: ___________________________ CITY ATTORNEY Page 294 of 563 Page 295 of 563 [This page has intentionally been left blank.] Page 296 of 563 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 14, 2022 PREPARED BY: Kalaina Perez, Management Analyst Veronica Chavez, Director of Finance REQUEST: APPROVAL OF RESOLUTION AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 2021-1A (UNIVERSITY PARK) FOR FISCAL YEAR 2022-23 RECOMMENDATION: That the City Council approve a resolution authorizing the annual levy of a special tax in the City of Palm Desert Community Facilities District No. 2021-1A (University Park) (the “CFD”) for Fiscal Year 2022-23 BACKGROUND/ANALYSIS: The CFD is located in the area north of Desert Willow between Portola and Cook Street, whose improvements are financed by the issuance of the CFD’s $15.2 million refunding bonds issued to fund the remaining public improvements. Annually, the City Council must approve the levy of the special tax. Staff requests that the City Council authorize the levy of a special tax to pay for costs and expenses related to this District. The maximum rate of the special tax for the next fiscal year is attached to the resolution as Exhibit A. Approval of the resolution will allow the County Auditor to collect taxes as they become due. FINANCIAL IMPACT: The CFD 2021-1A (University Park) bonds are repaid through taxes collected on the respective parcels located within the boundaries. Approval of the resolution will allow the parcels to be levied for the 2022-2023 tax year and provide the city with the funds to pay the debt service on a timely basis. REVIEWED BY: Department Director: Veronica Chavez Bond Attorney/RWG: Lolly A. Enriquez Finance Director: Veronica Chavez Assistant City Manager: Andy Firestine City Manager: L. Todd Hileman ATTACHMENTS: 1. Resolution Page 297 of 563 2. Exhibit “A” – Proposed Special Tax Rates Page 298 of 563 RESOLUTION NO. ___________ 1 RESOLUTION OF THE CITY OF PALM DESERT, CALIFORNIA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 2021-1A (UNIVERSITY PARK) FOR FISCAL YEAR 2022/2023 WHEREAS, the City Council of the City of Palm Desert (hereinafter referred to as the "Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a Community Facilities District, as authorized pursuant to the terms and provisions of the "Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California. Community Facilities District No. 2021-1A shall hereinafter be referred to as "District" and, WHEREAS, this City Council, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said District, and this City Council intends to establish the specific rate of the special tax to be collected for the next fiscal year. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are true and correct. SECTION 2. That the special tax rates for each tax category to be used to generate special tax revenues, which will be collected to pay for the costs and expenses for the next fiscal year (2022/2023) for the referenced District, is hereby determined and established as set forth in the attached, referenced, and incorporated Exhibit “A”. SECTION 3. That the rate as set forth above does not exceed the amount as previously authorized by Ordinance of this Council and is not in excess of that as previously approved by the qualified electors of the District. SECTION 4. The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties, procedures, and sale in case of any delinquency for ad valorem taxes. The Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax. SECTION 5. Monies above collected shall be paid into the District funds. SECTION 6. The Auditor of the County is hereby directed to enter in the next County assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "public improvements, special tax" or by any other suitable designation, the installment of the Special Tax, and for the exact rate and amount of said tax, reference is made to the attached Exhibit “A”. SECTION 7. The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of Page 299 of 563 RESOLUTION NO. ___________ 2 such Special Tax installments, interest, penalties, and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. SECTION 8. Special Taxes are to be levied on non-exempt parcels within the District. Should it be discovered that any taxable parcels are not submitted to the County Auditor for inclusion into the 2022/2023 Tax Roll subsequent to the submittal deadline of August 10, 2022, the City Council directs the City of Palm Desert staff or their agents to bill such parcels directly via U.S. mail using the rates as approved in Exhibit “A”. PASSED, APPROVED AND ADOPTED by the City Council of the City of Palm Desert, California this ______ day of , 2022 by the following vote: AYES: NAYS: ABSENT: ABSTAIN: _________________________________________ JAN C. HARNIK, MAYOR CITY OF PALM DESERT, CALIFORNIA ATTEST: ___________________________ ANTHONY J. MEJIA, CITY CLERK CITY OF PALM DESERT, CALIFORNIA APPROVED AS TO FORM: ___________________________ CITY ATTORNEY Page 300 of 563 RESOLUTION NO. ___ _ Exhibit "A" Community Facilities District No. 2021-1A (University Park) Proposed Special Tax Rates Fiscal Year 2022/2023 The following tables summarize the Assigned and the Proposed Special Tax Rates relating to each land use class. Zone 1 SPECIAL TAX RATE RESIDENTIAL ASSIGNED PROPOSED LAND USE CLASS SPECIAL TAX SPECIAL MULTIPLIER FLOOR AREA RATE(ll TAX RATE(2l Develo11.ed & Provisional Welfare Pro11.ert"'{. 1 Single Family Property Per Residential Unit �2500 $2,346.00 $2,346.00 2 Single Family Property Per Residential Unit 2400-2499 $2,269.50 $2,269.50 3 Single Family Property Per Residential Unit 2300-2399 $2,218.50 $2,218.50 4 Single Family Property Per Residential Unit 2200-2299 $2,142.00 $2,142.00 5 Single Family Property Per Residential Unit 2100-2199 $2,065.50 $2,065.50 6 Single Family Property Per Residential Unit 2000-2099 $1,963.50 $1,963.50 7 Single Family Property Per Residential Unit 1900-1999 $1,632.00 $1,632.00 8 Single Family Property Per Residential Unit 1800-1899 $1,581.00 $1,581.00 9 Single Family Property Per Residential Unit < 1800 $1,300.50 $1,300.50 10 Non-Residential Property Per Acre NA NA NA Provisional1 A11.11.roved1 & Undeve/o11.ed Pro11.ert"'{_ Per Acre NA $15,727.38 15,727.38 111The Assigned Special Tax for Developed, Provisional Welfare, Provisional, Approved, and Undeveloped Property shall be increased by two percent (2%) of the amount in effect the prior Fiscal Year. 121The Proposed Special Tax Rates to be Levied for Fiscal Year 2022/2023 will not exceed the Assigned Special Tax Rates described above. Zone 2 SPECIAL TAX RATE RESIDENTIAL ASSIGNED LAND USE CLASS SPECIAL MULTIPLIER FLOOR AREA TAX RATE(1 I Deve/o11.ed& Provisional Welfare Pro11.ert"'{. 1 Single Family Property Per Residential Unit �3400 $3,085.50 2 Single Family Property Per Residential Unit 3200-3399 $3,034.50 3 Single Family Property Per Residential Unit 3000-3199 $2,932.50 4 Single Family Property Per Residential Unit 2800-2999 $2,856.00 5 Single Family Property Per Residential Unit 2600-2799 $2,728.50 6 Single Family Property Per Residential Unit 2400-2599 $2,677.50 7 Single Family Property Per Residential Unit 2200-2399 $2,652.00 8 Single Family Property Per Residential Unit 2000-2199 $2,626.50 9 Single Family Property Per Residential Unit <2000 $2,524.50 10 Non-Residential Property Per Acre NA NA Provisional1 A11.11.roved1 & Undeve/o11.ed Pro11.ert"'{_ Per Acre NA $19,708.44 PROPOSED SPECIAL TAX RATE(2l $3,085.50 $3,034.50 $2,932.50 $2,856.00 $2,728.50 $2,677.50 $2,652.00 $2,626.50 $2,524.50 NA 19,708.44 . . .. l11The Assigned Special Tax for Developed, Prov1s1onal Welfare, Prov1s1onal, Approved, and Undeveloped Property shall be increased by two percent (2%) of the amount in effect the prior Fiscal Year. 121The Proposed Special Tax Rates to be Levied for Fiscal Year 2022/2023 will not exceed the Assigned Special Tax Rates described above. 3 Page 301 of 563 RESOLUTION NO. ___ _ Zone3 LAND USE CLASS Developed & Prov,s1onal Welfare Prooertv 1 Single Family Property 2 Single Family Property 3 Single Family Property 4 Single Family Property 5 Single Family Property 6 Single Family Property 7 Single Family Property 8 Single Family Property 9 Single Family Property 10 Apartment Property 11 Non-Residential Property Provisional1 A11.11.roved1 & Undevelo11.ed Pro11.ert� SPECIAL TAX RATE MULTIPLIER Per Residential Unit Per Residential Unit Per Residential Unit Per Residential Unit Per Residential Unit Per Residential Unit Per Residential Unit Per Residential Unit Per Residential Unit Per Residential Unit Per Acre Per Acre RESIDENTIAL ASSIGNED PROPOSED SPECIAL SPECIAL TAX FLOOR AREA TAX RATE(ll RATE(2l �2500 $2,346.00 $2,346.00 2400-2499 $2,269.50 $2,269.50 2300-2399 $2,218.50 $2,218.50 2200-2299 $2,142.00 $2,142.00 2100-2199 $2,065.50 $2,065.50 2000-2099 $1,963.50 $1,963.50 1900-1999 $1,632.00 $1,632.00 1800-1899 $1,581.00 $1,581.00 < 1800 $1,300.50 $1,300.50 NA $765.00 $765.00 NA NA NA NA $23,115.24 23,115.24 I1IThe Assigned Special Tax for Developed, Provisional Welfare, Provisional, Approved, and Undeveloped Property shall be increased by two percent (2%) of the amount in effect the prior Fiscal Year. 121The Proposed Special Tax Rates to be Levied for Fiscal Year 2022/2023 will not exceed the Assigned Special Tax Rates described above. 4 Page 302 of 563 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 14, 2022 PREPARED BY: Chris Gerry, Project Manager REQUEST: APPROVE CHANGE ORDER NO. 1 TO CONTRACT C42400 WITH TILDEN-COIL CONSTRUCTORS, INC. FOR THE DEVELOPMENT SERVICES LOBBY RENOVATIONS IN THE AMOUNT OF $1,168,341 (PROJECT NO. 727-20) RECOMENDATION: 1. Approve Change Order No. 1 to Contract C42400 with Tilden-Coil Constructors, Inc. for the Development Services Lobby Renovations in the amount of $1,168,341. 2. Appropriate $1,168,341 in Unobligated General Funds to the Building Maintenance Fund Account No. 4504161-4400100. 3. Authorize the City Manager or designee to review and approve written requests for the use of the contingency for unforeseen conditions up the contingency amount. BACKGROUND/ANALYSIS: On November 18, 2021, City Council awarded a contract for the design-build of the Development Services Lobby Renovation (Project) to Tilden-Coil Constructors, Inc. (Design-Build Team). The Project is being designed and constructed using the design-build project delivery method. Design-build is a method in which one entity – the design-build team – works under a single contract with the City to provide design and construction services. On May 26, 2022, City Council held a study session to review a phased approached to overall improvements to eight areas in the Development Services wing of City Hall designated as Area A through H. Since the study session, staff has focused on addressing City Council’s inquiries about the first phase of the improvements, which includes Area A and B. On June 23, 2022, City Council provided direction regarding which recommended priorities and program budget to proceed with for the Project. As requested, staff has returned with Contract Change Order No. 1 (Attachment A) and the Design-Build Team proposal (Attachment B) that reflects Council’s direction. The budget items and program budget are below. Program Budget Budget Item Program Budget (Required Elements Only) Area A: Lobby, Conference Room, Hallway & Restroom $1,480,000 Area B: Multi-Purpose Space $567,500 Architectural Support Services $50,000 Pre-Construction Expenditures $70,841 Construction Contingency $100,000 Total Program Budget: $2,268,341 Page 303 of 563 City of Palm Desert Development Services Lobby Renovation Page 2 of 2 Strategic Plan: The project advances the City’s Strategic Plan, Economic Development Priority 4, of streamlining the permitting process. FINANCIAL IMPACT: The design-build contract was awarded in an amount of $950,000 with an additional $100,000 set aside for contingency. To date, the project has incurred $70,841 in costs leaving $879,159 remaining in the design-build contract. The project contingency remains untouched and should continue to be reserved for the construction phase of the project. The estimated cost to proceed with the design and construction of Areas A and B is $2,268,341. Therefore, an additional appropriation of $1,168,341 from the Unobligated General Fund will be needed to amend the design-build contract to design and build Areas A and B, as shown in the table below. Additional Appropriation Project Element Vendor Funding Source Authorized Amount Estimated Cost to Design and Construct Area A & B $2,268,341 Original 21/22 Budget (Carried Over to FY 22/23 CIP) $1,000,000 12/16/21 Appropriation $100,000 Additional Appropriation Needed: $1,168,341 REVIEWED BY: Department Director: Randy Bowman for Andy Firestine Finance Director: Veronica Chavez Assistant City Manager: Andy Firestine City Manager: L. Todd Hileman ATTACHMENTS: 1. Contract Change Order No. 1 2. Design-Build Team Proposal Page 304 of 563 Contract # / P.O. # C42400 Change Order No. 01 Contingency: YES NO Contract Purpose Development Services Lobby Renovations Account No. 4504161-4400100 Consultant’s Name Tilden-Coil Constructors, Inc. Project No. 727-20 Address: 36951 Cook Street, Suite 103 Palm Desert, CA 92211 Vendor No. V0015689 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 Revise the scope of work according to the attached proposal 1,168,341.00 TOTALS: - 1,168,341.00 NET CHANGE IN CONTRACT PRICE: 1,168,341.00 JUSTIFICATION: The City and Design-Build Team reviewed a phased approached to overall improvements in the Development Services wing of City Hall. The attached proposal represents revisions to the scope of work for inclusion in the project. This change order allows the contractor to proceed with design work. TOTAL BUDGET FOR PROJECT:+2,268,341.00 CONTINGENCY: Less: Expend. & Encumb. To Date:-70,841.00 Amount Approved by Council:+100,000.00 Less: This Amendment Amount:-- Less: Prior Change Order(s):-- BALANCE OF BUDGET Less: This Change Order:-- REMAINING FOR PROJECT:2,197,500.00 Balance Remaining of Contingency:100,000.00 The amount of the Contract will be increased by the Sum of: One Million One Hundred Sixty Eight Thousand Three Hundred Forty One Dollars and 00/100 ($1,168,341.00). Page 305 of 563 Contract C42400 Contract Change Order No. 01 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 time and materials and/or a lump sum price agreed upon between the Contractor and the City of Palm Desert, otherwise referred to as Owner. Contract Time Extension 427 Days (July 15, 2022 – September 15, 2023) Revised Contract Total $2,118,341.00 The undersigned Contractor approves the foregoing Change Order No. 01 as to the changes, if any, in the contract price specified for each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said Change Order No. 01. The Contractor agrees to furnish all labor and materials and perform all other necessary work, inclusive of that directly or indirectly related to the approved time extension, required to complete the Change Order items. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Change Order shall be effective when approved by the Owner. Execution of this Change Order by the Contractor constitutes a binding accord and satisfaction that fully satisfies, waives, and releases the Owner from all claims, demands, costs, and liabilities, in contract, law or equity, arising out of or related to the subject of the Change Order, whether known or unknown, including but not limited to direct and indirect costs and/or damages for delay, disruption, acceleration, loss of productivity, and stacking of trades, as well as any and all consequential damages. This document will become a supplement to the Contract and all provisions will apply hereto, all items included above must have required signatures as per the purchase resolution. 1. REQUESTED BY: 2. ACCEPTED BY: ANDY FIRESTINE ASSISTANT CITY MANAGER CONTRACTOR Date Accepted 3. CERTIFIED FUNDS AVAILABLE: 4. APPROVED BY: VERONICA CHAVEZ FINANCE DIRECTOR L. TODD HILEMAN CITY MANAGER Date Approved NOTE: No payments will be made prior to City Manager and Council approval Page 306 of 563 Area A - Lobby Area B - Multi- Use Space Area A - Lobby, Conference Rm, Hallway, Restroom Lobby/Restrooms/Conference Room/Hallway 702,939$ Area B - Multi-Purpose Space Tenant Improvement - New Offices and Multi-Purpose Room 318,785$ 702,939$ 318,785$ Design Contingency 5%35,147 15,939 Precon Sevices Previously Preformed (including Lazer Scan)56,000 - Design and Preconstruction Services 160,000 40,000 Escalation 7.0%66,786 26,231 Construction GC's $50,000 Per Mo.200,000 50,000 Construction Contingencies 10%122,087 45,096 Insurance (GL/PL/Auto/WC)1.25%16,787 6,201 Buiders Risk (No Earthquake and Flood)1.50%20,396 7,534 Bond 1%17,252 6,372 Fee 7%97,818 36,131 1,495,212$ 552,289$ Total Hard Costs - Area's A and B: 2,047,500$ Notes: 13. General Conditions and General Requirements are assuming TCC will work out of the existing building. No temp trailer or site fencing needed. Power and Internet will be provided by owner via existing infrastructure. 6. Light to Limited Structural Work. 7. No HVAC upgrades with exception to few registers to be relocated to accommodate new walls. 8. No new fire alarm system, with exception to relocate (E) to accommodate new walls. 9. No new fire sprinkler system, with exception to relocate (E) to accommodate new walls. 10. Project budget 10% Construction Contingency. 11. Current Budget includes 1 year of Escalation at 8% per year. The Market is very volatile due to supply change issues and is currently running 14% to 16%. 5. FF&E (furniture, cubicles, TVs, etc.) - TBD. Division / Description Direct Cost of the Work Subtotal: Hard Construction Cost Total: 12. The purpose of this program budget is to determine an overall scope of work and work on project schedule and get the design work moving forward. The final contract amount will be adjusted based upon bid results and an approved GMP. 1. All permits and fees by owner. 2. Testing and Inspection by owner. 3. This estimate do not include off-site work and/or utility upgrades. 4. HazMat testing, monitoring, abatement or clearance reports are not provided. Not part of this estimate. Date: July 5, 2022 City of Palm Desert Lobby Renovations (Area "A") and Multi-Purpose Space (Area "B") Page 1 of 6 Page 307 of 563 14. Owner to preform and provide a Hazardous Material Survey prior to the start of Design. See Note 4 above. Abatement is currently not included in the program budget. Page 2 of 6 Page 308 of 563 A. Kansara Date: July 5, 2022 Detail Scope Of Work Area A - Lobby, Conference Room, Hallway & Restrooms 702,939$ Unit Cost Total Notes 702,939$ -$ -$ Division 02 Demolition at Lobby and Restroom Area -$ Demolition of Central Sculpture Garden 1 ls 10,000.00$ 10,000$ 10,000.00$ Demo (E) Counters and Casework 40 lf 80.00$ 3,200$ 3,200.00$ Remove (E) Tile Flooring and Wall 1,318 sf 4.00$ 5,272$ 5,272.00$ Demo (E) Partition Wall and Finishes 432 sf 15.00$ 6,480$ 6,480.00$ Scrap and Remove (E) Paint to Prep for New Paint 369 sf 0.85$ 314$ 313.65$ Remove (E) Plumbing Fixtures, Cap Utilities 6 ea 1,000.00$ 6,000$ 6,000.00$ Sawcut, Break ad Remove (E) Concrete Floor at Restroom 254 sf 5.00$ 1,270$ 1,270.00$ Misc. Demolition, Relocation and Protection 1 ls 25,000.00$ 25,000$ 25,000.00$ Dust Partitions 1 al 15,000.00$ 15,000$ 15,000.00$ Demolition at Conference Room Corridor -$ Removal of (E) Flooring 270 sf 3.00$ 810$ 810.00$ Scrap and Remove (E) Paint to Prep for New Paint 1,104 sf 0.85$ 938$ 938.40$ Misc. Demolition, Relocation and Protection 1 ls 1,500.00$ 1,500$ 1,500.00$ Demolition at Conference Room -$ Removal of (E) Flooring 386 sf 3.00$ 1,158$ 1,158.00$ Scrap and Remove (E) Paint to Prep for New Paint 984 sf 0.85$ 836$ 836.40$ Misc. Demolition, Relocation and Protection 1 ls 1,500.00$ 1,500$ 1,500.00$ Subtotal:79,278$ -$ Division 03 Concrete Patch Work -$ Replace Concrete SOG at Restroom and Patch & Repair Lobby Where Damaged 500 sf 50.00$ 25,000$ 25,000.00$ Subtotal:25,000$ -$ Division 06 Finish Carpentry & Casework -$ Counter Casework - Planning 18 lf 1,000.00$ 18,000$ 18,000.00$ Counter Casework - Reception 20 lf 850.00$ 17,000$ 17,000.00$ Counter Casework - Bldg./Code/Licensing 13 lf 1,000.00$ 13,000$ 13,000.00$ Base Cabinet and Countertop - Bldg./Code/Licensing 7 lf 550.00$ 3,850$ 3,850.00$ Seating Casework 1 ls 12,500.00$ 12,500$ 12,500.00$ Lavatory Counter Casework - Restroom 10 lf 1,500.00$ 15,000$ 15,000.00$ Subtotal:79,350$ -$ Division 08 Doors and Windows -$ Door, Frame and Hardware 4 ea 2,800.00$ 11,200$ 11,200.00$ AL Framed Windows at Interior 60 sf 150.00$ 9,000$ 9,000.00$ Quantity City of Palm Desert DS Lobby Renovations - Area A & B Option A Option C Page 3 of 6 Page 309 of 563 A. Kansara Date: July 5, 2022 City of Palm Desert DS Lobby Renovations - Area A & B Option A Option C Counter Window Divider Curtain, Ballistic Rated 132 sf 220.00$ 29,040$ 29,040.00$ Subtotal:49,240$ -$ Division 09 Framing, Insulation and Drywall -$ Framing, Insulation and Drywall at New Partition Wall and Infill_Full Ht.1,796 sf 35.00$ 62,851$ 62,850.67$ Framing, Insulation and Drywall at New Partition Wall_Partial Ht.112 sf 35.00$ 3,920$ 3,920.00$ Patch and Repair Framing and Drywall Ceiling as Required 500 sf 35.00$ 17,500$ 17,500.00$ Misc. Patch and Repair Damaged Areas 1 ls 15,000.00$ 15,000$ 15,000.00$ Subtotal:99,271$ -$ Division 09 Tile -$ Tile Flooring at Lobby and Hallway 851 sf 35.00$ 29,785$ 29,785.00$ Ceramic Tile Flooring at Restroom 300 sf 30.00$ 9,000$ 9,000.00$ Ceramic Tile Wall at Restroom 1,148 sf 30.00$ 34,440$ 34,440.00$ Subtotal:73,225$ -$ Division 09 Flooring and Floor Finishes -$ Carpet Tile Flooring 985 sf 15.00$ 14,775$ 14,775.00$ Subtotal:14,775$ -$ Division 09 Acoustical Ceilings -$ Acoustical Ceilings In Planning and Licensing 334 sf 25.00$ 8,350$ 8,350.00$ Subtotal:8,350$ -$ Division 09 Paint -$ Interior Painting 2,226 sf 5.50$ 12,243$ 12,243.00$ Subtotal:12,243$ -$ Division 10 Misc. Specialties -$ Toilet Partitions 5 ea 1,500.00$ 7,500$ 7,500.00$ Toilet Accessories 1 ls 4,500.00$ 4,500$ 4,500.00$ Subtotal:7,500$ -$ Division 10 Misc. Specialties -$ Signage 1 al 1,000.00$ 1,000$ 1,000.00$ Subtotal:1,000$ -$ Division 21 Fire Sprinkler System -$ Adjust Heads for new walls 2,226 sft 7.50$ 16,695$ 16,695.00$ Subtotal:16,695$ -$ Division 22 Plumbing -$ New Plumbing Fixtures, Rough-ins and Rerouting of (E) Pipes as Required 9 ea 10,500.00$ 94,500$ 94,500.00$ Page 4 of 6 Page 310 of 563 A. Kansara Date: July 5, 2022 City of Palm Desert DS Lobby Renovations - Area A & B Option A Option C Subtotal:94,500$ -$ Division 23 HVAC -$ Adjusting of (E) HVAC System/Ductwork to New Layout 2,226 sf 10.00$ 22,260$ 22,260.00$ Subtotal:22,260$ -$ Division 26/27/28 Electrical and Low Voltage -$ New Power Outlets, lighting and Controls 2,226 sf 40.00$ 89,040$ 89,040.00$ Low-voltage Infrastructure Only 2,226 sf 12.00$ 26,712$ 26,712.00$ Subtotal:115,752$ -$ Detail Scope Of Work Area B - Multi-Purpose 318,785$ Unit Cost Total Notes -$ 318,785$ -$ Division 02 Demolition and Protection -$ Demolition of (E) Interior Finishes and Partition as Required 1,578 sf 15.00$ 23,670$ 23,670$ Sawcut, Break ad Remove (E) Concrete Slab 1,578 sf 6.38$ 10,065$ 10,065$ Subtotal:33,735$ -$ Division 03 Concrete Patch Work -$ (N) Concrete SOG 1,578 sf 35.00$ 55,230$ 55,230$ Subtotal:55,230$ -$ Division 08 Doors and Windows -$ Door, Frame and Hardware 2 ea 2,800.00$ 5,600$ 5,600$ Subtotal:5,600$ -$ Division 09 Framing, Insulation and Drywall -$ Framing, Insulation and Drywall at New Partition Wall and Infill_Full Ht.900 sf 35.00$ 31,500$ 31,500$ Patch and Repair Framing and Drywall Ceiling as Required 250 sf 35.00$ 8,750$ 8,750$ Misc. Patch and Repair 1 ls 2,500.00$ 2,500$ 2,500$ Subtotal:42,750$ -$ Division 09 Flooring and Floor Finishes -$ Carpet Tile Flooring 1,578 sf 15.00$ 23,670$ 23,670$ Subtotal:23,670$ -$ Division 09 Acoustical Ceiling -$ Acoustical Ceiling 1,578 sf 25.00$ 39,450$ 39,450$ Subtotal:39,450$ -$ Division 09 Paint -$ Interior Painting 1,578 sf 2.50$ 3,945$ 3,945$ Quantity Page 5 of 6 Page 311 of 563 A. Kansara Date: July 5, 2022 City of Palm Desert DS Lobby Renovations - Area A & B Option A Option C Subtotal:3,945$ -$ Division 21 Fire Sprinkler System -$ Adjust Heads for new walls 1,578 sft 7.50$ 11,835$ 11,835$ Subtotal:11,835$ -$ Division 23 HVAC -$ Adjusting of (E) HVAC System/Ductwork to New Layout 1,578 sf 15.00$ 23,670$ 23,670$ Subtotal:23,670$ -$ Division 26/27/28 Electrical and Low Voltage -$ New Power Outlets, lighting and Controls 1,578 sf 40.00$ 63,120$ 63,120$ Low-voltage Infrastructure Only 1,578 sf 10.00$ 15,780$ 15,780$ Subtotal:78,900$ -$ Contractor Subtotal:1,021,724$ 702,939$ 318,785$ Page 6 of 6 Page 312 of 563 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 14, 2022 PREPARED BY: Randy Bowman, Deputy Director of Public Works REQUEST: ADOPT AN ORDINANCE RESCINDING PRIOR ORDINANCES AS LISTED AND ESTABLISHING SPEED ZONES ON FOUR STREET SEGMENTS IN THE CITY OF PALM DESERT RECOMMENDATION: Waive further reading and pass to second reading an Ordinance rescinding prior ordinances and establishing speed zones on four street segments in the City. BACKGROUND/ANALYSIS: On May 22, 2014, the City Council passed Ordinance 1266A, which last established the posted speed limit on these four roadway segments: 1. Magnesia Falls Drive from Monterey Avenue to Portola Avenue (50 MPH) 2. Magnesia Falls Drive from Portola Avenue to Deep Canyon Road (35 MPH) 3. Park View Drive from Highway 111 to Monterey Avenue (45 MPH) 4. San Pablo Avenue from Fred Waring Drive to Magnesia Falls Drive (40 MPH) At its meeting of January 14, 2021, the City Council passed Ordinance 1361, which re- established posted speed limits on 80 roadway segments. Ordinance 1361 did not re-establish speed limits on the four roadway segments as the CV Link and San Pablo Phase 2 Streetscape projects were still in construction phase. In the staff report, the City Council was made aware that a supplemental E&TS would be conducted following completion of the two projects, which were completed in late 2021. The report entitled “2022 Engineering and Traffic Survey at 4 City Locations” dated June 20, 2022, has been completed to satisfy the E&TS requirements. It provides a detailed analysis of the four roadway segments with posted speeds. The objective of the analysis is to review the adequacy of existing speed limits and to provide recommendations for new posted speeds by examining the various roadway characteristics that contribute to the establishment of appropriate speed limits. The California State Legislature sets in place the regulations for California speed limits and the California Vehicle Code (CVC) places these regulations into language used primarily for enforcement purposes. Various jurisdictions have responsibility for roadways throughout California, including the responsibility to set speed limits on these roadways according to the standards and procedures established by Caltrans. The guidelines from the 2014 California Manual for Setting Speed Limits published by Caltrans (May 9, 2014) are used in this study. These guidelines help in establishing speed limits that are uniform throughout the state and avoid influence from political pressure or emotional perceptions. Page 313 of 563 City of Palm Desert Adopt Ordinance No. Page 2 of 3 CVC Section 40802 requires that an Engineering and Traffic Survey (E&TS) for speed limits should be conducted at least once every 5, 7 or 10 years based on established criteria. Under current state statute provisions, state and local agencies re-evaluate non-statutory speed limits on their street segments that have undergone a significant change in roadway characteristics or surrounding land uses since the speed limits were last reviewed. Speed limits are established primarily for protecting the public from the behavior of reckless, unreliable, or dangerous drivers. Speed limits are generally established at or near the 85th percentile speed. The 85th percentile speed, also referred to as the critical speed, is defined as the speed at or below which 85 percent of traffic is moving in free flow conditions. Speed limits established on this basis conform to the consensus of those who drive on the roadways as to what speed is reasonable and safe under normal driving conditions. Table 1 below shows the recommended speed limits along the study segments. Exhibit 1 attached hereto shows the study segment ID numbers, existing and proposed speed limits. It should be noted that one roadway segment proposed in the E&TS is shared with adjacent Rancho Mirage, which includes Park View Drive from Highway 111 to Monterey Avenue. Staff has coordinated the study results with city staff at both cities, who concur with the Palm Desert E&TS study recommendations and will submit similar speed limit ordinances for adoption to their respective city councils. The California Legislature passed AB43 in September 2021, which grants the California Department of Transportation (Caltrans) and local authorities greater flexibility in setting speed limits based on recommendations the Zero Traffic Fatality Task Force (Task Force) made in January 2020. The provisions of the bill allow Caltrans and local authorities to further reduce the speed limit by an additional five miles per hour for either of the following reasons: • The portion of a roadway has been designated as a safety corridor. A local authority shall not deem more than one-fifth of their streets as safety corridors. Table 1: Recommended Speed Limit Reductions No. Road Segment Survey Limits Current Speed Limit Proposed Speed Limit 1 Magnesia Falls Drive Monterey Avenue to Portola Avenue 50 35 2 Magnesia Falls Drive Portola Avenue to Deep Canyon Road 35 35 3 Park View Drive Highway 111 to Monterey Avenue 45 45 4 San Pablo Avenue Fred Waring Drive to Magnesia Falls Drive 40 25 Page 314 of 563 City of Palm Desert Adopt Ordinance No. Page 3 of 3 • The portion of a roadway is adjacent to any land or facility that generates high concentrations of bicyclists or pedestrians, especially those from vulnerable groups such as children, seniors, persons with disabilities, and the unhoused. According to AB43, local authorities may not lower a speed limit as authorized by the statute until June 30, 2024, or until the Judicial Council has developed an online tool for adjudicating infraction violations statewide as specified in Article 7 (commencing with Section 68645) of Chapter 2 of Title 8 of the Government Code, whichever is sooner. Staff recommends once one of the above triggers have occurred, the City Council should consider a further reduction of five miles per hour on Park View Drive. For now, staff recommends that City Council adopt Ordinance No.____, rescinding the prior ordinance as listed and establishing speed zones as recommended in the “2022 Engineering and Traffic Survey at 4 City Locations” dated June 20, 2022. Notification will be transmitted to the following adjoining agencies: Ryan Stendell, Director of Public Works City of Rancho Mirage 69825 Highway 111 Rancho Mirage, CA 92270 Strategic Plan: The proposed action will further the goals of the Strategic Plan by providing a safe and efficient transportation system for residents, businesses and visitors. FINANCIAL IMPACT: Approximately four new signs will be purchased to replace existing speed limit signs where the speed limits are proposed for reduction. Funds are available in general fund Account Number 1104310-4332000, R/M Streets for the replacement signs. REVIEWED BY: Department Director: Randy Bowman for Andy Firestine Finance Director: Veronica Chavez Assistant City Manager: Andy Firestine City Manager: L. Todd Hileman ATTACHMENTS: 1. Ordinance 2. Exhibit 1 Page 315 of 563 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING ORDINANCE NUMBER 1266A, AND AMENDING SECTION 10.36.010 OF TITLE 10 OF THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA, RELATIVE TO SPEED ZONES WHEREAS, the California Vehicle Code allows local jurisdictions to establish speed zones on local streets by use of an Engineering and Traffic Survey; and WHEREAS, an Engineering and Traffic Survey, as required, has been conducted and the need to establish a speed zone has been determined; and WHEREAS, the City Council of the City of Palm Desert finds that all the recitations are true and correct and does constitute the findings and considerations of the Council in this case, NOW, THEREFORE, the City Council of the City of Palm Desert, California, does hereby ordain as follows: Section 1. That Section 10.36.010 of the Code of the City of Palm Desert, California, is hereby amended to read as follows: “10.36.010 Speed Zones: Miles per Hour Roadway Segment 35 Magnesia Falls Drive from Monterey Avenue to Portola Avenue 35 Magnesia Falls Drive from Portola Avenue to Deep Canyon Road 45 Park View Drive from Highway 111 to Monterey Avenue 25 San Pablo Avenue from Magnesia Falls Drive to Fred Waring Drive Section 2. That Ordinance Number 1266A is rescinded. Section 3. That the City Clerk is hereby directed to publish this ordinance in the Desert Sun, a newspaper of general circulation, circulated in the City of Palm Desert, California, and shall be in full force and effective 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 14th day of July, 2022, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Page 316 of 563 ORDINANCE NO. __________________________ JAN C. HARNIK, MAYOR ATTEST: ANTHONY J. MEJIA, CITY CLERK CITY OF PALM DESERT, CALIFORNIA Page 317 of 563 111 Verbenia Rd Magnesia Falls Dr C l ancy Ln C amino A royo N Rutledge C ata l i n a Way Ca talina W Ho vley Ln W Santa R o s a Wa y Santa R o s a W a y Go leta Ave Gu adalupe Ave Rancho Las Palmas Country Club Chaparral Country Club Monterey Country Club Portola Country Club College of the Desert Pa lm Desert De A n z a W a y evine St Fa irway Dr El Paseo San G o r g o n io W a y St B u r ser a Way ndro D r Willow St Larrea St Vintage Club Marrakesh Country Club Shadow Mountain Resort Westfield Shoppingtown Palm Desert Fox Canyon Open Space Cahuilla Hills Par k Merle Dr Gary A v e 42nd Ave Leslie Ave Sher Fr ed ar ing DrFred Waring Hovley Ln The First Tee airway Dr Vi ntage Club 1 2 3 4 Survey Locations 1) Magnesia Falls Dr: Monterey Ave to Portola Ave 2) Magnesia Falls Dr: Portola Ave to Deep Canyon Rd 3) Park View Dr: Highway 111 to Monterey Ave 4) San Pablo Ave: Fred Waring Dr to Magnesia Falls Dr± Ma gnesia Falls Dr Exhibit 1 Page 318 of 563 Page 1 of 5 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 14, 2022 PREPARED BY: Audrey Nickerson, Project Manager REQUEST: APPROPRIATE AN ADDITIONAL BUDGET OF $400,000 FOR CONSTRUCTION CONTINGENCY AND DESIGN SERVICES RELATED TO PRESIDENT’S PLAZA EAST AND WEST PARKING LOT IMPROVEMENTS (PROJECT NO. 758-14). RECOMMENDATION: 1. Approve additional contingency funds in the amount of $400,000 to Contract No. C37040A with H&H General Contractors Inc. of Highland, California. 2. Appropriate $400,000 from Unassigned General Fund monies to Account No. 4004692- 4400100. 3. Authorize the City Manager or designee to review and approve written requests for the use of the contingency for unforeseen conditions up to the contingency amount. BACKGROUND/ANALYSIS: Strategic Plan The improvements to the El Paseo Corridor fulfill priorities identified in the City’s Strategic Plan, including the following: Economic Development Priority No. 1: Expand job and business creation opportunities. Action Step: Revitalize Highway 111. Look at creating a possibility of creating a “City Center” atmosphere. To encourage growth and revitalization of the Highway 111 corridor, the City assists in providing large blocks of attractive and efficient public parking within the corridor. Background To date, the City Council has authorized the following actions for the President’s Plaza East and West Improvements project, resulting in a total of $12,151,977 for the project design, construction management, utility relocations, and construction: • May 10, 2018 – Awarded Contract No. C37040 for professional engineering, landscape architecture and utility design services to Dudek of La Quinta, California, in the amount of $606,120. • July 11, 2019 – Selected Alternative 5 for the design of President's Plaza East and West Parking Lot Improvements; and approved Contract No. C37040, Amendment No. 1 to Contract No. C37040 with Dudek, in an amount of $50,000. • October 15, 2020 – Awarded Contract No. C37040B for construction management services Page 319 of 563 City of Palm Desert Additional Funds for President’s Plaza Contingency P758-14 Page 2 of 5 to Southstar Engineering of Riverside, California in the amount of $853,960. • January 14, 2021 – Authorized staff to advertise and call for bids for the construction contract; and authorized the Contract Documents to include an early completion incentive. • February 25, 2021 – Ratified and confirmed the Interim City Manager’s execution and authorization to enter into necessary agreements for utility relocation; and authorized the expenditure of up to $400,000 for utility relocations. • March 11, 2021 – Awarded Contract No. C37040A to H & H General Contractors, Inc. of Highland, California for President’s Plaza East and West Improvements (Project No. 758-14) in the total amount of $7,123,393.00; and approved Amendment No. 2 to Contract C37040 with Dudek of La Quinta, California, for additional design and construction engineering support services in an amount not to exceed $55,975. • May 13, 2021 – Authorized City Manager to enter into necessary agreements for utility relocation; authorized the expenditure of up to $250,000 for utility relocations; and approved Amendment No. 3 to Contract C37040 with Dudek of La Quinta, California, for additional design services in an amount not to exceed $37,950. • August 26, 2021 - Authorized the additional expenditure of up to $572,240 for CVWD utility relocations. • December 16, 2021 - Appropriated additional budget of $465,000 from Unobligated General Funds for additional contingency budget to Contract C37040A; Approved Amendment No. 4 to Contract C37040 with Dudek of La Quinta, California, for additional design services not to exceed $ 35,000. • January 13, 2022 - Approved Amendment No. 1 to Contract C37040B with Southstar Engineering of Riverside, California in the amount of $ 350,000, for additional construction management and inspection services. • April 28, 2022 - Appropriated additional budget of $340,000 from Unobligated General Funds to Contract No. C37040A with H&H General Contractors Inc. of Highland, California; Appropriated additional budget of $300,000 and approved Amendment No. 2 to Contract C37040B with Southstar Engineering and Consulting of Riverside, California. Discussion The City Council has appropriated to date a total of $1,517,339.00 in construction contingency for the project. To date, the City has approved nine contract change orders totaling $1,509,387.33. The approved contract change orders cover additional work for extensive utility relocations; abandonment of previously unknown 16 septic tanks and cesspools and connections of affected businesses to the public sewer system; design plan modifications to accommodate utility relocations; temporary parking lot lighting; additional work to expedite paving operation; installation of additional ADA ramps; and other additional work due to utility relocation installation and delays. The majority of the utility conflicts are associated with unrecorded, shallow infrastructure discovered during grading activities. The contractor and construction manager have identified additional costs necessary to complete construction of the Project. The contractor must continue to rent temporary light towers to provide nighttime lighting in the parking lots until electricity can be restored to power the new light towers. Currently, temporary light towers are still in use in the East Lot. Due to construction delays, the contractor is required to pay an increase unit cost for paving materials for the final Page 320 of 563 City of Palm Desert Additional Funds for President’s Plaza Contingency P758-14 Page 3 of 5 paving lift. Upon installation of the new trash enclosures, the City received several complaints regarding limited line of site at driveway intersections near the enclosures. Additional signage and roadway markings were requested by the City to improve safety in these areas, resulting in additional costs to the contractor. In addition, the City requested “Compact” pavement markings for all parking spaces that do not meet the minimum 16-foot required length. The Project incurred additional costs for electrical infrastructure due to additional pedestal work and changes to the overall scope of work for the contractor. In addition, SCE filed a claim with the contractor’s insurance for the cost to relocate an unmarked SCE line that was hit during construction, damaging the conduit of the existing line. The City has reviewed the costs and anticipates the contractor will ultimately request the City to cover the cost to relocate the SCE line, because the work was required to accommodate Project grading. As such, staff has included additional budget in the event the City must negotiate responsibility of the costs associated with relocating the unmarked SCE line. Additional construction costs include painting the trash enclosure gates at the City’s request; painting the steel handrails to improve safety during high temperature events; and modifying existing fire hydrants to comply with current regulations. In addition to the work items described above, the requested budget allocation also includes funds to cover the anticipated incentive payment to the contractor for achieving the interim completion milestone and contingency budget for minor time-and-materials costs through completion of construction in August 2022. Staff is presently reviewing change order 10, which will leave an insufficient balance in the remaining contingency (estimated at $144,335.67) to cover the additional work items detailed in this report. As such, staff requests to increase the construction contingency by $400,000. The requested construction contingency is anticipated to cover costs through completion of construction. Staff does not anticipate any further budget requests for this project. Staff’s request to increase the construction contingency by $400,000 will bring the construction budget to $9,439,692. FINANCIAL IMPACT: In 2018, the total Project cost was estimated to be $8.6M. Since then, the Project has experienced design re-evaluations, re-designs and unexpected utility fees and conflicts which have resulted in additional costs for a total Project cost of $12,151,977. The Project team has identified several bid items that will be reduced in quantity or that the contractor may not perform due to adjustments in project element design. These potential deductions may reduce the final cost of the project, including the additional funding appropriation being requested. At this time staff cannot be certain that those funds associated with the identified bid items will not be required during construction. As such, we do not recommend reallocating the funds to other bid items, but we will continue to monitor these bid items in the event additional funds are needed. Any funds remaining following completion of the Project will be unencumbered and made Page 321 of 563 City of Palm Desert Additional Funds for President’s Plaza Contingency P758-14 Page 4 of 5 available for other City needs. Staff recommends the allocation of $400,000 additional funds to the construction contingency budget for Contract No. C37040, and the appropriation of said amount from unassigned General Fund monies. The tables below provide the original budget, and the various City Council actions and authorizations to date for the project. Authorized Budgets Date Total Restricted Capital Fund 451 Capital Imps Fund 400 Original Budget FY18/19 7/1/2018 $8,000,000 $8,000,000 Additional Appropriation FY20/21 7/1/2020 $740,000 $740,000 Appropriation Authorized by Council 3/11/2021 $1,200,000 $1,200,000 Additional Utility Relocation Expenses and Appropriation 5/13/2021 $150,000 $150,000 Authorization of Additional Utility Relocation Expenses 8/26/2021 $571,977 $571,977 Authorize Appropriation of funds for Anticipated Additional Utility Expenses 12/16/2021 $465,000 $400,000 $65,000 Amendment No. 4 to Agreement C37040 12/16/2021 $35,000 $35,000 Amendment No. 1 to Agreement C37040B 1/13/2022 $350,000 $350,000 Authorize appropriation of construction contingency funds 4/28/2022 $340,000 $340,000 Amendment No. 2 to Agreement C37040B 4/28/2022 $300,000 $300,000 Total Authorized Budget to Date $12,151,977 $11,061,977 $1,090,000 Authorize appropriation of const contingency funds 7/14/2022 $400,000 $400,000 Adjusted Budget (if approved) $12,551,977 $11,061,977 $1,490,000 * Italicized items are the subject of this request Authorized Expenditures Date Total Restricted Capital Fund 451 Capital Imps Fund 400 Professional Consulting Service Agreement C37040 plus Amend 1-4 5/10/2018 $785,045 $750,045 $35,000 Construction Management Services Agreement C37040B Plus Amend 1-2 10/15/2020 $1,503,960 $853,960 $650,000 Authorize Utility Relocation Expenses 2/25/2021 $400,000 $400,000 Construction Contract C37040A plus Contingency 3/11/2021 $7,835,732 $7,835,732 Additional Utility Relocation Expenses and Appropriation 5/13/2021 $250,000 $250,000 Authorize Additional Utility Relocation Expenses 8/26/2021 $572,240 $572,240 Authorize Appropriation of funds for Anticipated Additional Utility Expenses 12/16/2021 $465,000 $400,000 $65,000 Authorize appropriation of construction contingency funds 4/28/2022 $340,000 $340,000 Total Authorized Expenditures to Date $12,151,977 $11,061,977 $1,090,000 Authorize appropriation of Const Cont for C37040A 7/14/2022 $400,000 $400,000 * Italicized items are the subject of this request Page 322 of 563 City of Palm Desert Additional Funds for President’s Plaza Contingency P758-14 Page 5 of 5 REVIEWED BY: Department Director: Randy Bowman for Andy Firestine Finance Director: Veronica Chavez Assistant City Manager: Andy Firestine City Manager: L. Todd Hileman ATTACHMENTS: None. Page 323 of 563 7/15/22, 11:50 AM Presidents' Plaza Parking Lot Renovation https://storymaps.arcgis.com/stories/241500a2e98c4441828cc15257d45bfb/print 1/8 Presidents' Plaza Parking Lot Renovation Project Update - Additional Work City Council - Agenda Item H July 14, 2022 Construction Progress All construction activities are anticipated to be completed by mid-August 2022! September 2021 vs. June 2022 Presidents' Plaza Parking Lot Renovation 7/15/22, 11:50 AM Presidents' Plaza Parking Lot Renovation https://storymaps.arcgis.com/stories/241500a2e98c4441828cc15257d45bfb/print 2/8 Additional Work and Project Costs Construction delays resulted in increased cost for paving materials 7/15/22, 11:50 AM Presidents' Plaza Parking Lot Renovation https://storymaps.arcgis.com/stories/241500a2e98c4441828cc15257d45bfb/print 3/8 Modified signage and striping plan to improve parking lot circulation 7/15/22, 11:50 AM Presidents' Plaza Parking Lot Renovation https://storymaps.arcgis.com/stories/241500a2e98c4441828cc15257d45bfb/print 4/8 City determined galvanized steel handrails for newly installed ADA-compliant ramps must be painted to avoid burn hazards during hot weather conditions 7/15/22, 11:50 AM Presidents' Plaza Parking Lot Renovation https://storymaps.arcgis.com/stories/241500a2e98c4441828cc15257d45bfb/print 5/8 Unmarked electrical line identified during grading activities that SCE lowered to accommodate the Project. 7/15/22, 11:50 AM Presidents' Plaza Parking Lot Renovation https://storymaps.arcgis.com/stories/241500a2e98c4441828cc15257d45bfb/print 6/8 Continued use of temporary light towers during nighttime hours until power restored 7/15/22, 11:50 AM Presidents' Plaza Parking Lot Renovation https://storymaps.arcgis.com/stories/241500a2e98c4441828cc15257d45bfb/print 7/8 Additional budget to cover unknown costs through completion of construction 7/15/22, 11:50 AM Presidents' Plaza Parking Lot Renovation https://storymaps.arcgis.com/stories/241500a2e98c4441828cc15257d45bfb/print 8/8 Incentive bonus for providing beneficial use of the parking lot [This page has intentionally been left blank.] Page 324 of 563 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 14, 2022 PREPARED BY: Bertha A Gonzalez, Management Analyst REQUEST: APPROVE THE MANAGEMENT DISTRICT PLAN AND ORDER THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE PRESIDENT’S PLAZA III PROPERTY AND BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2022/2023. RECOMMENDATION: Waive further reading and adopt: 1. A Resolution approving the Management District Plan for the President’s Plaza III Property and Business Improvement District for fiscal year 2022/23. 2. A Resolution ordering the levy and collection of annual assessments within the President’s Plaza III Property and Business Improvement District for fiscal year 2022/23. BACKGROUND/ANALYSIS: The President’s Plaza III Property and Business Improvement District (“PBID III”) was originally formed in fiscal year 2001/2002 for a five-year term. A majority of property owners subsequently voted to renew PBID III for three additional five-year terms, the current one being from fiscal years 2021/22 to 2025/2026. However, the “Management Plan” for PBID III requires to be prepared and approved annually, and the County of Riverside requires the annual order to levy and collect the assessments. The only modification of the PBID III budget that will be the allowed is a three percent (3%) cost-of-living adjustment that was built into the current five-year plan as approved by the property owners. PBID III includes properties that are located south of Palm Desert Drive at Highway 111, and north of El Paseo, between new Highway 74 and old Highway 74. The City of Palm Desert (“City”) collects annual assessments from PBID III property owners to pay for landscape maintenance, street sweeping, and parking lot lighting within the common parking lot areas. The street boundaries of PBID III are shown on the attached map on page 16 of the 2022/23 Management District Plan/Engineer’s Annual Levy Report. The attached resolutions will approve next fiscal year’s Management District Plan and allow the City to levy and collect the associated annual assessments within PBID III. Page 325 of 563 City of Palm Desert Order and Collection of Assessments of PBID III for FY 2022/23 Page 2 of 2 FINANCIAL IMPACT: The assessment and collection of the levy amount will finance both ongoing maintenance and associated costs related to PBID III. REVIEWED BY: Department Director: Andy Ramirez, Deputy Director of Public Works Finance Director: Veronica Chavez Assistant City Manager: Andy Firestine City Manager: ATTACHMENTS: 1. Resolution No. 2022- 2. Resolution No. 2022- 3. 2022/2023 Management Plan Page 326 of 563 RESOLUTION NO. 2022- _____ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE PRESIDENT’S PLAZA III PROPERTY AND BUSINESS IMPROVEMENT ASSESSMENT DISTRICT, FISCAL YEAR 2022/2023 The City Council of the City of Palm Desert, California (hereafter referred to as the “City Council”) hereby finds, determines, resolves and orders as follows: WHEREAS, on July 8, 2021, the City Council called and duly held a public hearing and property owner protest ballot proceedings for the President’s Plaza III Property and Business Improvement Assessment District (hereafter referred to as the “District”) pursuant to the provisions of Property and Business Improvement District Law of 1994, Part 7 of Division 18 of the Streets and Highways Code of California (hereafter referred to as the “Code”) and the California Constitution Article XIIID, for the purpose of presenting to the qualified property owners within the District the annual levy of assessments and a maximum annual assessment over a five year period beginning July 1, 2021 and ending June 30, 2026, for the costs and expenses associated with the maintenance and operation of landscaping, lighting, refuse collection and all appurtenant facilities related thereto; and, WHEREAS, the landowners of record within the District as of the close of the Public Hearing held on July 8, 2021 did cast their ballots resulting in the approval of the District formation and annual levy of assessments related thereto; and, WHEREAS, the City Council, pursuant to the Code did by previous Resolutions formed the District, and approved a Management District Plan in connection with the formation of the District and appointed an Advisory Board that shall cause to be prepared an annual report regarding the District for the City Council’s approval; and, WHEREAS, the Advisory Board has held a meeting for reviewing and approving the proposed budget for Fiscal Year 2022/2023 and has prepared a Report in connection with the District for Fiscal Year 2022/2023, and filed with the City Clerk of the City of Palm Desert and the City Clerk has presented to the City Council such Report entitled “Management District Plan for the President’s Plaza III Property and Business Improvement Assessment District, Fiscal Year 2022/2023” and, WHEREAS, The City Council has carefully examined and reviewed the Report as presented, and by previous resolution has approved said Report. Page 327 of 563 RESOLUTION NO. 2022- _____ 2 NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS: Section 1 The above recitals are true and correct. Section 2 The City Council desires to levy and collect the annual assessment for President’s Plaza III Property and Business Improvement Assessment District for Fiscal Year 2022/2023 pursuant to the provisions of the Code. Section 3 Based upon its review of the Management District Plan, a copy of which has been presented to the City Council and filed with the City Clerk, the City Council hereby finds and determines that: A. The territory of land within the District will receive special benefits from the operation, maintenance and servicing of the improvements and appurtenant facilities located within the boundaries of the District. B. District includes all the lands so benefited; and C. The net amount to be assessed upon the lands within the District in accordance with the proposed budget for the fiscal year commencing July 1, 2022 and ending June 30, 2023 is apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the special benefits to be received by each parcel from the improvements and services. D. The Assessments so described in the Management District Plan are consistent with the assessments so approved by the property owners within the District. Section 4 The Report and assessments as presented to the City Council and on file in the office of the City Clerk are hereby confirmed as filed. Section 5 The City Council hereby orders the improvements to be made, and the levy and collection of annual assessments to pay for those improvements to be presented to the County Auditor/Controller of Riverside for Fiscal Year 2022/2023. The County Auditor/Controller shall enter on the County Tax Roll opposite each parcel of land the amount of levy, and such levies shall be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the levy shall be paid to the City Treasurer. Section 6 The City Treasurer shall deposit all money representing assessments collected by the County for the District to the credit of a fund for the President’s Plaza III Property and Business Improvement Assessment District, Page 328 of 563 RESOLUTION NO. 2022- _____ 3 and such money shall be expended only for the improvements described in the Management District Plan. Section 7 The adoption of this Resolution constitutes the District levy for the Fiscal Year commencing July 1, 2022 and ending June 30, 2023. Section 8 The City Clerk is hereby authorized and directed to file the levy with the County Auditor upon adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this day of 2022. AYES: NOES: ABSENT: ABSTAINED: _______________________________ JAN HARNIK, MAYOR CITY OF PALM DESERT, CALIFORNIA ATTEST: ______________________________ ANTHONY J. MEJIA, CITY CLERK CITY OF PALM DESERT, CALIFORNIA Page 329 of 563 RESOLUTION NO. 2022- _____ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE MANAGEMENT DISTRICT PLAN FOR THE PRESIDENT’S PLAZA III PROPERTY AND BUSINESS IMPROVEMENT ASSESSMENT DISTRICT, FISCAL YEAR 2022/2023 The City Council of the City of Palm Desert (hereafter referred to as the “City Council”) does resolve as follows: WHEREAS, in Fiscal Year 2021/2022 the City Council pursuant to the provisions of Property and Business Improvement District Law of 1994, Part 7 of Division 18 of the Streets and Highways Code of California (hereafter referred to as the “Code”), and in accordance with the provisions of the California Constitution Article XIIID conducted proceedings for the formation of the President’s Plaza III Business Improvement District (hereafter referred to as the “District”), and the levy of annual assessments connected therewith; and, WHEREAS, on July 8, 2021, the City Council held a full and fair public hearing regarding the formation of the District and the establishment of annual assessments and the maximum assessments required to pay the maintenance and services of landscaping, lighting, refuse collection and all appurtenant facilities and operations related thereto for a five year period beginning July 1, 2021 and ending June 30, 2026 pursuant to the Code; and, WHEREAS, upon conclusion of the public hearing of July 8, 2021, the City Council tabulated the property owner assessment protest ballots returned and by resolution confirmed that majority protest did not exist and by resolution approved the Management District Plan, appointed an Advisory Board for the District, ordered the formation of the District, and ordered the levy and collection of the first annual assessments; and, WHEREAS, pursuant to the Code, the City Council appointed the President’s Plaza III Committee as the Advisory Board for the District and this Advisory Board shall cause to be prepared an annual Management District Plan (hereafter referred to as the “Report”) each fiscal year for which assessments are to be levied and collected, said Report shall be filed with the City Clerk and shall contain: any proposed changes to the District boundary; the improvements and activities to be provided; the estimated costs and method of assessment; the amount of any surplus or deficit; and contributions from other sources; and, WHEREAS, pursuant to the Code, the Advisory Board has caused to be prepared a Report in connection with the District describing the proposed improvements, services, expenditures and assessments to be levied for Fiscal Year 2022/2023, and filed with the City Clerk of the City of Palm Desert and the City Clerk has presented to the City Council such Report entitled “Management District Plan for the President’s Plaza III Property and Business Improvement Assessment District, Fiscal Year 2022/2023”; and, Page 330 of 563 RESOLUTION NO. 2022- _____ 2 WHEREAS, The City Council has carefully examined and reviewed the Report as presented, and is satisfied with each and all of the items and documents as set forth therein, and finds that the levy of assessments has been spread in accordance with the special benefits received from the improvements, operation, maintenance and services to be performed, as set forth in said Report; and, NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS: Section 1 The above recitals are true and correct. Section 2 The Management District Plan as presented, consists of the following: A. A Description of the District boundaries and all properties benefiting from the improvements and services. B. A Description of Improvements and services to be provided by the District. C. The Annual Budget (Estimates of Costs and Expenses of Services, Operations and Maintenance), D. The District Roll containing the Levy of Assessments for each Assessor Parcel within the District, Section 3 The Report as presented, is hereby approved and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. Section 4 That the City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of and final approval of the Report and appointment of the District Advisory Board. Page 331 of 563 RESOLUTION NO. 2022- _____ 3 PASSED, APPROVED, AND ADOPTED this day of 2022. AYES: NOES: ABSENT: ABSTAINED: _______________________________ JAN HARNIK, MAYOR CITY OF PALM DESERT, CALIFORNIA ATTEST: ______________________________ ANTHONY J. MEJIA, CITY CLERK CITY OF PALM DESERT, CALIFORNIA Page 332 of 563 City of Palm Desert President’s Plaza III Property and Business Improvement District MANAGEMENT DISTRICT PLAN AND ENGINEER’S REPORT FISCAL YEAR 2022/2023 JULY 14, 2022 27368 Via Industria Suite 200 Temecula, CA 92590 T 951.587.3500 | 800.755.6864 F 951.587.3510 www.willdan.com Page 333 of 563 2022/2023 President’s Plaza III Property and Business Improvement District Page 1 TABLE OF CONTENTS OVERVIEW .......................................................................................... 2 Introduction 2 District Renewal Process 3 DESCRIPTION OF THE DISTRICT ............................................................. 4 District Boundary 4 Improvements and Activities 4 Special Benefits of the Improvements and Activities 5 METHOD OF APPORTIONMENT ............................................................... 7 Method of Apportionment Rationale 7 Parking Lot Improvements and Services 7 Method of Apportionment Calculations 7 Apportionment of Direct Costs 7 Apportionment of Indirect (Administration/Reserve) Costs 8 Total Annual Assessment 9 Annual Budget Adjustments 9 DESCRIPTION OF BUDGET ITEMS IN TABLE 4 ......................................... 10 Direct Benefit Costs 10 Indirect Benefit Costs (Administration/Reserves) 10 Levy Breakdown 11 District Statistics 11 District Budget 12 APPENDIX A —ASSESSMENT DIAGRAM ................................................ 14 APPENDIX B —ASSESSMENT ROLL ...................................................... 16 Page 334 of 563 2022/2023 President’s Plaza III Property and Business Improvement District Page 2 Overview Introduction The City of Palm Desert (“City”) formed and established the President’s Plaza III Property and Business Improvement Assessment District (“District”) beginning in Fiscal Year 2001/2002 to provide improvements and activities that confer special benefits upon real property within the boundaries of the District. The District was established and levied pursuant to Property and Business Improvement District Law of 1994, Part 7 of Division 18 of the California Streets and Highways Code (“Act”). Pursuant to the Act, property owners within the District submitted a signed petition requesting formation of the District. The District was successfully formed for a term of five years and a maximum assessment was approved by the property owners through an assessment ballot proceeding, conducted according to provisions of the California Constitution Article XIIID (“Proposition 218”). Fiscal Year 2005/2006 was the fifth year of the term of the District. Under the provisions of the Act, the property owners within the District m ay renew the District for a maximum term of ten (10) years. Pursuant to the Code, and the provision of the California Constitution, the property owners within the District approved the continuation of the District and assessment for an additional five years and on July 8th, 2021 the City authorized the funding for improvements and activities authorized within the District for a period of five years (Fiscal Years 2021/2022 through 2025/2026). This combined Management District Plan and Engineer’s Report hereinafter referred to as “Plan” or “Report”, is presented in accordance with the provisions of the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et. seq., hereinafter referred to as the “Act.” This is the Management District Plan required by Section 36622 of the Act, for the formation and continued establishment of the President’s Plaza III Property and Business Improvement District hereinafter referred to as “District” or “PBID III”, to fund services and activities to improve and convey special benefits to properties located within the boundaries of the District. This Report describes the District, improvements and activities, method of apportionment, the proposed assessments for the current fiscal year, and the maximum assessment proposed for the five-year duration of the renewed District. The proposed assessments are based on the estimated cost to provide the improvements, activities, and operations that provide a direct and special benefit to properties within the District. The costs of improvements, activities, and operations include all expenditures, deficits, surpluses, revenues, and reserves. The word “property,” for the purposes of this Plan, refers to real property situated within the District, and identified as an individual property or parcel assigned its own Assessor’s Parcel Number (APN) by the County of Riverside Assessor’s Office. The County of Riverside Auditor/Controller uses APNs to identify on the tax Page 335 of 563 2022/2023 President’s Plaza III Property and Business Improvement District Page 3 roll parcels and properties assessed for taxes, special assessments, and fees and charges. District Renewal Process A written petition of the property owners within the District, representing more than 50 percent of the proposed assessment to be levied was submitted to the Palm Desert City Council to initiate formation proceedings. The City Council initiated proceedings for the formation of the District by adopting a resolution e xpressing its intention to form the District. The resolution of intention referenced the Engineer’s Report and the Management District Plan, and noticed the time and place of a public hearing on the formation of the District and levy of assessments. Within 90 days of adopting the resolution of intention, the City Council held a public hearing on the matter of formation, and caused notice to the property owners pursuant to Section 54954.6 of the Government Code. Public notices and assessment ballots (property owner protest ballots) were mailed to each property owner at least 45 days prior to the public hearing pursuant to Article XIIID of the California Constitution. At the public hearing, the City Council provided the public and property owners with an opportunity to provide oral protests and written protests prior to the adoption of the Engineer’s Report and the Management District Plan. Pursuant to the California Constitution Article XIIID, the City Council tabulated property owner assessment ballots received from property owners to determine whether a majority protest existed. It was determined and declared by resolution that majority protest did not exist, then the property owners confirmed and approved the assessments. If the City Council has appointed an owner’s association for the District, this owner’s association shall make yearly recommendations to the City Council on the expenditures of revenue derived from the levy of assessments and on the classification of properties as applicable. This owner’s association shall cause to be prepared a report each fiscal year for which assessments are to be levied and collected. Said annual report shall be filed with the City Clerk and shall contain: any proposed changes to the district boundary; the improvements and activities to be provided that year; the estimated costs for that year; the method of assessment; the amount of any surplus or deficit; and contributions from other sources. The City Council may approve the report as submitted or as modified. Page 336 of 563 2022/2023 President’s Plaza III Property and Business Improvement District Page 4 Description of the District District Boundary The District consists of all parcels located in the commercial business area known as the President’s Plaza III within the City of Palm Desert, County of Riverside. The District includes sixteen (16) assessed commercial parcels. The boundary of the District and the parcels therein are generally located South of Palm Desert Drive at Highway 111; North of El Paseo; West of Sage Lane; and East of Old Highway 74, and includes the Palm Desert Parking Lot – a lease parcel to the City of Palm Desert located South of Highway 111; East of New Highway 74; and West of Old Highway 74. Improvements and Activities In an effort to enhance and improve business opportunities and the appearance of the area known as the President’s Plaza III, the Agency provided funds for the renovation and capital improvement of the parking lot and landscaped areas related to this commercial business center. In conjunction with this renovation, President’s Plaza III Property and Business Improvement District was formed in to provide and ensure the continued operation and maintenance of the improvements after the renovations had been completed. It has been determined that all the properties within the District receive special and distinct benefits from the improvements and activities to be funded through the assessments. The improvements include the necessary activities, services, operations, administration, and maintenance required to keep the improvements in satisfactory condition including all necessary labor, material, and equipment. The services may include, but are not limited to, regular maintenance, repair, removal or replacement of all or any part of the improvements including removal of trimmings, rubbish, debris and other solid waste; and, providing for the growth, health and beauty of landscaping and lighting including cultivation, trimming, spraying, fertilizing or treating for disease or damage as well as supplying necessary irrigation and electrical energy. The specific improvements and activities include: Parking lot landscaped areas: including, but not limited to, ground cover, shrubs, trees, plants, irrigation, and drainage systems and associated appurtenant facilities; Parking lot lighting facilities: including, but not limited to, bulbs, fixtures, poles, wiring, and electrical energy; and, Debris removal: including, but not limited to, regular mechanical sweeping of the parking lot. Page 337 of 563 2022/2023 President’s Plaza III Property and Business Improvement District Page 5 The costs associated with the improvements are equitably spread among the benefiting parcels within the District utilizing the method of apportionment described in the Method of Apportionment section of this Report. The total funds collected shall be dispersed and used for the services and operations provided to the District. Special Benefits of the Improvements and Activities Assessed properties within the District receive special benefits from one or more of the improvements and activities funded through the District assessments. Specifically, lighting and landscaping amenities within the parking lot, and regular sweeping of the parking lot. The special benefits of lighting (parking lot lights) are the convenience, safety, and security of property, improvements, and goods. Specifically: 1. Enhanced deterrence of crime and aid police protection; 2. Increased nighttime safety for patrons and employees; 3. Improved visibility for pedestrians and motorists; 4. Improved ingress and egress to property; 5. Reduced vandalism and other criminal acts and damage to improvements or property; 6. Enhanced aesthetic appeal of the parking area and the properties that are associated with the parking area; 7. Increased promotion of business activities and opportunities during nighttime hours; and, 8. The special enhancement to the value of property, which results from the above benefits. The benefits associated with landscaped islands and medians within the parking lot are specifically: 1. Improved aesthetic appeal of the parking area and nearby parcels; 2. Improved dust control; 3. Enhanced adaptation of the urban environment within the natural environment; 4. Improved traffic circulation; 5. A positive representation of the businesses within the District; 6. Centralized locations for refuse collection facilities; and, Page 338 of 563 2022/2023 President’s Plaza III Property and Business Improvement District Page 6 7. The special enhancement to the value of property, which results from the above benefits. Parking lot sweeping is an essential and necessary activity for all properties — particularly commercial properties. This improvement is funded through the assessments solely for the special benefit of properties within the District. The benefits associated with this service are: 1. Enhanced aesthetic appeal of the parking area and the properties that are associated with the parking area; 2. Improved dust control; 3. The special enhancement to the value of property, which results from the above benefits. The on-going operation and maintenance of the landscaping, lighting, and sweeping improvements provide no measurable general benefit to other properties outside the District or to the public at large. Therefore, these improvements and the corresponding assessments have been identified as 100% special benefit to parcels within the District. Page 339 of 563 2022/2023 President’s Plaza III Property and Business Improvement District Page 7 Method of Apportionment Method of Apportionment Rationale The costs of the District improvements have each been apportioned by a formula and method, which fairly distributes the net amount to be assessed among all assessed parcels in proportion to the estimated special benefits to be received by each parcel from the improvements. Parking Lot Improvements and Services All assessed parcels within the President’s Plaza III PBID have use of, and access to, a centralized parking facility (lot) that provides access, parking, and delivery areas for the businesses and parcels within the District. Because the parking area is a centralized facility used and accessed by all properties within the District, each parcel’s benefit is based on the size of such parcel. Therefore, it has been determined that a fair and reasonable reflection of each parcel’s benefit for the parking lot improvements shall be based on the approximate size, in square feet, of each parcel. Method of Apportionment Calculations The Total Direct Costs of the parking lot improvements and services are apportioned to each parcel within the District based on each parcel’s lot size in square feet. In addition to a parcel’s Total Direct Cost, each parcel is assessed for District administration expenses and a reserve fund collection (Indirect Costs). The Indirect Costs for each parcel have been apportioned in the same manner as Total Direct Costs. Therefore, each parcel’s Total Annual Assessment is the sum of its proportionate share of the Total Direct Costs and Total Indirect Costs. Apportionment of Direct Costs The Total Direct Costs estimated for parking lot improvements and services (maintenance) are based on the estimated annual costs to maintain the landscaping, lighting, and mechanical sweeping of the parking lot within President’s Plaza III. The Total Direct Costs are divided by the sum of the square footage of all parcels within the District in order to establish a rate per parcel square foot. This rate multiplied by each parcel’s square footage equals the parcel’s proportionate share of the parking lot maintenance costs (rounded to the nearest even penny). The rate provided in Table 1 is for Fiscal Year 2022/2023 only. Please refer to the District Budget (Table 4) for future assessment rates. Total Direct Cost / Total Square Footage = Rate per Square Foot Rate x Parcel Square Footage = Direct Cost Assessment Component Page 340 of 563 2022/2023 President’s Plaza III Property and Business Improvement District Page 8 Table 1: Direct Cost Proposed Assessment and Rate Proposed Direct Costs for FY 2022- 2023 Proposed Rate (per Square Foot) for FY 2022-2023 Second Fiscal Year Maximum $32,735 $0.0722 Apportionment of Indirect (Administration/Reserve) Costs To ensure the improvements, activities, and services provided and funded through the District are continued, each parcel will be assessed for administrative and reserve costs (Indirect Costs). These Indirect Costs include all expenses related to the administration of the District as well as the collection of money towards a Reserve Fund. The Reserve Fund Collection is proposed to be slightly under twenty-two percent (21.99%) of the annual Total Direct Costs of the District. Similar to the method of apportionment for Total Direct Costs, the District’s indirect costs are apportioned to each parcel based on each parcel’s lot size in square feet. The rate provided in Table 2 is for Fiscal Year 2022/2023 only. Please refer to the District Budget (Table 4) for future assessment rates. Total Indirect Cost / Total Square Footage = Rate per Square Foot Rate x Parcel Square Footage = Indirect Cost Assessment Component Table 2: Indirect Cost Proposed Assessment and Rate Proposed Indirect Costs for FY 2022-2023 Proposed Rate (per Square Foot) for FY 2022-2023 Second Fiscal Year Maximum $15,327 $0.0338 Page 341 of 563 2022/2023 President’s Plaza III Property and Business Improvement District Page 9 Total Annual Assessment Each parcel’s Total Annual Assessment is the sum of their proportionate share of the Direct Costs and Indirect Costs. The preceding description of the method of apportionment outlines the estimated cost and rates applied for the District in Fiscal Year 2022/2023. The rate provided in Table 3 is for Fiscal Year 2022/2023 only. Please refer to the District Budget (Table 4) for future assessment rates. Direct Cost Rate + Indirect Cost Rate = Total Rate per Square Foot Total Rate x Parcel Square Footage = Total Parcel Assessment Table 3: Total Cost Proposed Assessment and Rate Second Fiscal Year Proposed Direct Costs for FY 2022-2023 Proposed Rate (per Square Foot) for FY 2022-2023 Direct Costs Maximum $32,735 $0.0722 Indirect Costs $15,327 $0.0338 Total Costs Maximum $48,062 $0.1058 Annual Budget Adjustments For the five years of the term of the PBID III renewal, annual assessments may be adjusted by the President’s Plaza III PBID owners’ association up to three percent (3%) per year. Actual annual adjustments may range from zero percent (0%) to three percent (3%). Adjustments may differ from year to year depending on the service needs identified by the owners’ association. In any event, assessments will not exceed the levels illustrated by the District Budget (Table 4). Any annual budget surplus or deficit will be accrued into the following year’s PBID budget. Assessments will be set accordingly, within the constraints of the annual adjustment, to adjust for surpluses or deficits that are carried forward. Page 342 of 563 2022/2023 President’s Plaza III Property and Business Improvement District Page 10 Description of Budget Items In Table 4 Direct Benefit Costs Sweeping Services: Weekly cleaning of the parking lot and gutters using a contracted, mechanized service. Landscape Contract Maintenance: Includes all regularly scheduled labor, material (e.g. pipe, fertilizer, insecticides), and equipment required to properly maintain and ensure the satisfactory condition of all landscaping, irrigation and drainage systems, and appurtenant facilities. All landscaping improvements within the District are contracted for maintenance and service on a regular basis. The frequency and specific maintenance and operations required within the District will be determined by City staff. Lighting Repair and Maintenance: This item includes repairs that are not normally included in the yearly maintenance contract costs. This may include repair of damaged amenities due to vandalism and storms, as well as planned upgrades, which could include replacing lighting materials or renovation of lighting systems. Landscape Repair and Maintenance: This item includes repairs that are not normally included in the yearly maintenance con tract costs. This may include repair of damaged amenities due to vandalism and storms, as well as planned upgrades, which could include replacing plant materials or renovation of irrigation systems. Landscape Utilities -Water: Utility cost to furnish water for required landscape irrigation. Street Lighting Utilities - Electric: The furnishing of electricity required for the operation and maintenance of the lighting facilities. The City contracts for the furnishing of its electricity for street lighting, which includes normal maintenance and bulb replacement. This cost does not in clude repairs or replacement of damaged facilities due to vandalism, accidents, or storms. Landscape Utilities - Electric: Utility cost for furnishing of electricity required for the operation of the irrigation systems and landscape maintenance. Indirect Benefit Costs (Administration/Reserves) District Administration: The cost to all departments and staff of the City, for providing the coordination of District services, operations, and maintenance of the District, response to public concerns and education, and procedures associated with the levy and collection of assessments. This cost also includes contracting with professionals to provide additional administrative, legal, or engineering services specific to the District. Page 343 of 563 2022/2023 President’s Plaza III Property and Business Improvement District Page 11 County Administration Fee: This is the actual cost to the District for the County to collect District assessments on the property tax bills. This charge is based on a flat rate per fund number. County Per Parcel Fee: This is the cost to the District for the County to collect assessments on the property tax bills. This charge is on a per assessment basis, at $0.47 per assessment, in addition to the County Administration Fee. Operating Reserve Fund Collection: The Operating Reserve Fund provides for collection of funds to operate the District, for each fiscal year, from the period of July 1 through January when the County provides the City with the first installment of assessments collected from the property tax bills. The Operating Reserve Fund eliminates the need for the City to transfer funds from non-District accounts to pay for District charges during the first half of each fiscal year. The Operating Reserve Fund may also be used to offset any unforeseen costs such as repairs, legal fees, revenue deficits, or increased costs due to inflation or contractual agreements that are greater than originally planned. The Operating Reserve Fund Collection amount is slightly more than three percent (3.05%) of the annual Total Direct Costs of the District in Fiscal Year 2022/2023. Parking Lot Maintenance Fund Collection: The Parking Lot Maintenance Fund provides funds for the sealing and re-striping of the parking lot after the fourth year of the renewal term. The parking lot was last refurbished during December 2005, for which, the District’s cost of sealing and re-striping the parking lot was $27,200 (15.5 cents per square foot multiplied by 175,520 square feet of surface area) and the cost of repairs within the parking lot was $24,300 (for 8,500 square feet of surface area); for a total cost of $51,500. In anticipation of future refurbishment and necessary periodic repairs, the parking lot maintenance fund has been established, and is funded by a predetermined amount every Fiscal Year. Insurance: This line item supports insurance costs for the operation of the District. Levy Breakdown Total District Costs: This is the sum of all budgeted Direct and Indirect costs. District Statistics Total Parcels: The total number of parcels within the District. Total Parcels to Levy: The total number of parcels within the District to be assessed. Non-assessed lots or parcels include easements, communal areas, and parcels within the boundaries of the District , that currently do not benefit from the improvements, which are excluded in the Total Parcels to Levy. Total Parcels Square Footage: This is the sum of the assessed parcels’ square footage applied to each assessed parcel within the District. Page 344 of 563 2022/2023 President’s Plaza III Property and Business Improvement District Page 12 Levy Rate per Direct Costs per Square Foot: This amount represents the Rate for Direct Costs applied to each assessed parcel’s individual lot square footage. The Levy Rate per Direct Costs is the result of dividing the estimated Total Direct Costs for that year by the sum of the District’s Total Parcels Square Footage. The rate is calculated to four decimal places. Levy Rate per Indirect Costs per Square Foot: This amount represents the Rate for Indirect Costs applied to each assessed parcel’s individual lot square footage. The Levy Rate per Indirect Costs is the result of dividing the estimated Total Indirect Costs for that year by the sum of the District’s Total Parcels Square Footage. The rate is calculated to four decimal places. Total Levy Rate per Square Foot: This amount represents the Rate applied to each assessed parcel’s individual lot square footage. The Levy Rate per Square Foot is the result of dividing the estimated Total District Costs for that year by the sum of the District’s Total Parcel Square Footage. The rate is calculated to four decimal places. District Budget The District Budget shown on the following table (Table 4), lists the estimated costs of providing the various improvements and services within the District. The costs and the resulting rates for Fiscal Year 2021/2022 through Fiscal Year 2025/2026 are based on the estimated costs to provide the improvements and services for each year. Direct Costs, District and County Administration Costs, and Insurance Costs are adjusted for the three percent (3%) inflation factor. The owners’ association, appointed by the City Council, will annually review the District Costs, and make recommendations for any changes or adjustments to the budget. Changes to the budget could result in changes to the annual assessment, but the resulting total assessment may not exceed the maximum rates established in this Report without first obta ining property owner approval through assessment ballots. Page 345 of 563 2022/2023 President’s Plaza III Property and Business Improvement District Page 13 Maximum annual assessments for direct costs, district and county administration, and insurance are adjusted by 3% from the previous Fiscal Year for Fiscal Years 2021/2022 through 2025/2026. The PBID Advisory Board will determine the amount of any actual increase for those years which may not exceed 3% per year. (1) FY 2022/2023 Actual and Maximum Proposed Assessments are the same. Sources: City of Palm Desert; Willdan Financial Services Table 4: Five Year Budget Actual Proposed Assessment Maximum Proposed Assessment for Fiscal Years Budget Item FY 2022-2023 2021- 2022 2022- 2023 2023- 2024 2024- 2025 2025- 2026 Direct Costs Sweeping Services $6,419 $6,232 $6,419 $6,611 $6,810 $7,014 Landscape Contract Maintenance 7,221 7,011 7,221 7,438 7,661 7,891 Lighting Repair & Maintenance 1,926 1,870 1,926 1,983 2,043 2,104 Landscape Repair & Maintenance 5,616 5,453 5,616 5,785 5,959 6,137 Landscape Utilities - Water 3,209 3,116 3,209 3,306 3,405 3,507 Street Lighting Utilities - Electric 7,542 7,322 7,542 7,768 8,001 8,241 Landscape Utilities - Electric 802 779 802 826 851 877 Subtotal Direct Costs $32,735 $31,783 $32,735 $33,717 $34,730 $35,771 Indirect Costs District Administration $5,616 $5,453 $5,616 $5,785 $5,959 $6,137 County Administration 104 101 104 107 110 114 Operating Reserve Fund Collection 1,000 1,000 1,000 1,000 1,000 1,000 Parking Lot Maintenance Fund Collection 6,200 6,200 6,200 6,200 6,200 6,200 Insurance 2,407 2,337 2,407 2,479 2,554 2,630 Subtotal Indirect Costs $15,327 $15,091 $15,327 $15,570 $15,824 $16,080 Levy Breakdown Total District Costs $48,062 $46,873 $48,062 $49,287 $50,554 $51,852 Balance to Levy $48,062 $46,873 $48,062 $49,287 $50,554 $51,852 District Statistics Total Parcels 16 16 16 16 16 16 Total Parcels To Levy 16 16 16 16 16 16 Total Parcels Square Footage 453,956 453,956 453,956 453,956 453,956 453,956 Levy Rate per Direct Costs per Sq Ft $0.0722 $0.0700 $0.0722 $0.0742 $0.0766 $0.0788 Levy Rate per Indirect Costs per Sq Ft $0.0338 $0.0332 $0.0338 $0.0342 $0.0348 $0.0354 Total Levy Rate per Square Foot $0.1058 $0.1032 $0.1058 $0.1086 $0.1114 $0.1142 Operating Reserve Fund Balance Previous Balance $14,066 $13,066 $14,066 $15,066 $16,066 $17,066 Transfer In 1,000 1,000 1,000 1,000 1,000 1,000 Ending Balance $15,066 $14,066 $15,066 $16,066 $17,066 $18,066 Parking Lot Maintenance Fund Balance Previous Balance $79,142 $72,942 $79,142 $85,342 $91,542 $97,742 Transfer In 6,200 6,200 6,200 6,200 6,200 6,200 Ending Balance $85,342 $79,142 $85,342 $91,542 $97,742 $103,942 Page 346 of 563 2022/2023 President’s Plaza III Property and Business Improvement District Page 14 Appendix A —Assessment Diagram The Assessment Diagram for the District is on the following page and is inclusive of all parcels identified on the County of Riverside Assessor’s Parcel Maps as Book 627, Page 192. The Assessment Diagram will be kept on file with the City Clerk of the City of Palm Desert. Page 347 of 563 2022/2023 President’s Plaza III Property and Business Improvement District Page 15 Page 348 of 563 2022/2023 President’s Plaza III Property and Business Improvement District Page 16 Appendix B —Assessment Roll Parcel identification, for each lot or parcel within the District, shall be the parcel as shown on the County Assessor’s Map for the year in which this Report is prepared. The Assessment Roll, which includes a listing of parcels assessed within this District, along with their assessment amounts , is shown in Table 5. (1) Actual & Maximum Proposed Assessments may not match due to rounding. (2) Variance from Balance to Levy on Table 4 due to rounding. Sources: Riverside County Secured Roll; Willdan Financial Services Table 5: Assessment Roll Asmt No. Assessor Parcel Number Situs Address Area Square Footage Proposed Assessment for FY 2022-2023 (1) Maximum Proposed Assessment for FY 2022-2023 (1) (2) 1 627-192-006 73175 HIGHWAY 111 $11,000 $1,165 $1,165 2 627-192-009 73211 HIGHWAY 111 10,933 1,158 1,158 3 627-192-014 73100 EL PASEO 33,940 3,593 3,593 4 627-192-020 73160 EL PASEO 11,980 1,268 1,268 5 627-192-021 73170 EL PASEO 11,958 1,266 1,266 6 627-192-022 73180 EL PASEO 11,936 1,264 1,264 7 627-192-023 73190 EL PASEO ST 11,814 1,251 1,251 8 627-192-024 73200 EL PASEO 35,741 3,784 3,784 9 627-192-033 73241 HIGHWAY 111 43,560 4,612 4,612 10 627-192-034 73101 HIGHWAY 111 45,738 4,842 4,842 11 627-192-035 73125 HIGHWAY 111 46,173 4,889 4,889 12 627-192-036 73040 EL PASEO 17,424 1,845 1,845 13 627-192-037 73080 EL PASEO 34,848 3,689 3,689 14 627-192-038 73155 HIGHWAY 111 44,431 4,704 4,704 15 627-192-039 73185 HIGHWAY 111 21,932 2,322 2,322 16 627-192-040 73130 EL PASEO 60,548 6,410 6,410 Total (2) $453,956 $48,062 $48,062 Page 349 of 563 [This page has intentionally been left blank.] Page 350 of 563 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 14, 2022 PREPARED BY: Deborah Glickman, Management Analyst REQUEST: ADOPT A RESOLUTION DECLARING THE CITY OF PALM DESERT OWNED PROPERTY LOCATED AT 45656 MOUNTAIN VIEW SURPLUS LAND AND AUTHORIZING STAFF TO RELEASE A NOTICE OF AVAILABILITY FOR THE SALE OF THE PROPERTY. RECOMMENDATION: 1. Adopt a Resolution declaring City of Palm Desert property located at 45656 Mountain View, surplus land for purposes of the Surplus Land Act. 2. Authorize staff to release a Notice of Availability for the sale of the property. BACKGROUND/ANALYSIS: At its meeting of March 24, 2022, the City Council approved a “Central Inventory” of City and SARDA owned properties. This inventory was developed to comply with the Surplus Land Act (SLA), which requires that an inventory must be approved and submitted annually to the State of California Department of Housing and Community Development (HCD) pursuant to Government Code Section 54230(a)(2). Subsequently, at its meeting on June 9, 2022, the City Council approved a workplan for staff to begin disposing of ten (10) parcels owned by the City and the Successor Agency to the Palm Desert Redevelopment Agency (SARDA) along Mountain View, Cabrillo Avenue, and Alessandro Alley. In order to dispose of these properties, the City must first go through the formal process of declaring the properties surplus consistent with the Surplus Land Act (SLA). The proposed action would satisfy this requirement with respect to the property located at 45656 Mountain View. Once the attached Resolution is approved, a notice of Availability (NOA) will be sent to designated entities who will have sixty (60) days to notify the City of their interest in acquiring the property. If any interest is expressed in accordance with the requirements of the SLA, the City is required to engage in good faith negotiations for a period of not less than ninety (90) days in an attempt to reach a sales price and terms. Following these steps, the City must provide the California Department of Housing and Community Development (HCD) with a notification detailing the Notice of Availability/negotiation process. HCD will have thirty (30) days to review this process for compliance with the SLA. At the end of the thirty (30) day period, the City may sell the property. If the City does not agree to price and terms with any of the designated entities, or if no designated entity responded to the NOA, the City may dispose of the property outside of the SLA. The SLA process as noted above does not authorize the disposition of the property. Once the process is complete, staff will return to the City Council for the approval to sell. If there is no Page 351 of 563 City of Palm Desert Resolution for Disposition of 45656 Mountain View Page 2 of 4 interest in the property, or if good faith negotiations are not successful, the City will have satisfied its SLA requirements, subject to review by HCD, and will be able to sell the property on the open market. Project Description: Staff is seeking approval from the City Council to initiate the disposition process pursuant to the SLA for the City owned property located at 45656 Mountain View, a parcel with an un-occupied single-family home. As set forth below, staff is seeking approval to offer the property for sale at not less than its fair market value. A map and aerial view of the property are attached to this staff report. The details of the property, which will be included in the NOA, include the following: APN Size (acres) Zoning Property Description General Plan Designation Minimum Sales Price 627-351-024 .17 R-1 Vacant House Conventional Suburban Neighborhood Fair Market Value (FMV) To start the sales process for this parcel, the City Council is required by the SLA to declare that the property is not necessary for the City’s use and is surplus land. The Resolution contains these declarations, and once the Resolution is approved, staff will circulate the Notice of Availability to the entities specified in the SLA. Additionally, the NOA will be posted on the City’s website. The SLA allows for the property to be sold at its fair market value and does not require the City to change the property’s zoning designation. Additionally, the City Council’s June 23 approval of the historic designation for the property will be included in the NOA. Proceeds from the sale of the property will be retained by the City and placed in a reserve fund for Economic Development incentives. Staff will return to the City Council at a later date with Resolutions to initiate the sale of the other nine (9) parcels that were placed on staff workplan by the City Council at the June 9, 2022 meeting. CALIFORNIA ENVIONMENTAL QUALITY ACT (CEQA): This property has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”). City staff has determined that the designation of this property as surplus does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3) because it is not a project as defined by the CEQA Guidelines Section 15378. When the property is sold to a purchaser and that purchaser proposes a use for the property that requires a discretionary permit and CEQA review, that future use and project will be analyzed at the appropriate time in accordance with CEQA. Page 352 of 563 City of Palm Desert Resolution for Disposition of 45656 Mountain View Page 3 of 4 FINANCIAL IMPACT: The sale of the property will require professional real estate transaction services including a title review, appraisal, and escrow. Funds are available for these purposes and are allocated to the Economic Development Department’s professional services fund. REVIEWED BY: Department Director: Eric Ceja Finance Director: Veronica Chavez Assistant City Manager: Andy Firestine City Manager: L. Todd Hileman ATTACHMENTS: 1. Map/aerial view of property 2. Resolution Page 353 of 563 City of Palm Desert Resolution for Disposition of 45656 Mountain View Page 4 of 4 Map/Aerial View of 45656 Mountain View Property Location Page 354 of 563 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT DECLARING PURSUANT TO GOVERNMENT CODE SECTION 54221 THAT CERTAIN REAL PROPERTY OWNED BY THE CITY LOCATED AT 45656 MOUNTAIN VIEW AVENUE IS SURPLUS LAND AND NOT NECESSARY FOR THE CITY’S USE, FINDING THAT SUCH DECLARATION IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND TAKING RELATED ACTIONS. WHEREAS, the City of Palm Desert (“City”) is the owner in fee simple of that certain real property located at 45656 Mountain View Avenue in the City of Palm Desert and described in Exhibit “A,” attached hereto and made a part of hereof (“Property”); and WHEREAS, under the Surplus Land Act, Government Code Sections 54220- 54234 (“Act”), surplus land is land owned in fee simple by the City for which the City Council takes formal action in a regular public meeting declaring the land is surplus land and not necessary for the City’s use. The land must be declared either surplus or exempt surplus land; and WHEREAS, under the Act, land is necessary for the City’s use if the land is being used, or is planned to be used pursuant to a written plan adopted by the City Council for City work or operations; and WHEREAS, the Property, which is improved with an unoccupied single-family home, is not being used for City work or operations and City staff has evaluated the Property for its potential to be used for City work or operations; and WHEREAS, City staff has determined that the Property is not suitable for the City’s use; and WHEREAS, the City Council desires to declare that the Property is surplus land and not necessary for the City’s use; WHEREAS, the Act requires that before the City Council disposes of the Property or engages in negotiations to dispose of the Property, the City shall send a written notice of availability of the Property to certain designated entities in accordance with the Act; and NOW, THEREFORE, the City Council hereby resolves as follows: SECTION 1. The above recitals are true and correct and are a substantive part of this Resolution. Page 355 of 563 -2- P6401-0001\2685696v1.doc SECTION 2. The City Council hereby declares that the Property is surplus land and not necessary for the City’s use within the meaning of the Act. The basis for this declaration is that due to the size, location, and development on the Property, the site is not feasible for the City’s use. SECTION 3. The City Clerk is hereby directed to send a notice of availability of the Property for sale, to the entities designated in Government Code Section 54222 (“Designated Entities”) by electronic mail or by certified mail. SECTION 4. This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”). City staff has determined that the designation of the Property as surplus land does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3) because it is not a project as defined by the CEQA Guidelines Section 15378. Adoption of the Resolution does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. If and when the Property is sold to a purchaser and that purchaser proposes a use for the Property that requires a discretionary permit and CEQA review, that future use and project will be analyzed at the appropriate time in accordance with CEQA. SECTION 5. The City Clerk is directed to file a Notice of Exemption pursuant to CEQA Guidelines Section 15062. SECTION 6. The officers and staff of the City are hereby authorized, jointly and severally, to do all things which they may deem necessary or proper to effectuate the purposes of the Resolution, and any such actions previously taken are hereby ratified and confirmed. Such actions include negotiating in good faith in accordance with the requirements of the Act with any of the Designated Entities that submit a written notice of interest to purchase the Property in compliance with the Act. [SIGNATURES TO FOLLOW ON THE NEXT PAGE] Page 356 of 563 -3- P6401-0001\2685696v1.doc PASSED, APPROVED AND ADOPTED this ____ day of _________, 2022. AYES: NOES: ABSENT: ABSTAIN: JAN C. HARNIK , MAYOR ATTEST: ANTHONY J. MEJIA , CITY CLERK Page 357 of 563 45656 Mountain View July 14, 2022 Palm Desert City Council Meeting Mountain View City owned Vacant property with a single-family home Subject to the Surplus Land Act (SLA) –Focuses on Affordable Housing Part of the City’s Central Inventory June 9, 2022 City Council Declared the property as a priority to sell Granted Historic Landmark Designation SLA Process Notice of Availability Retains all zoning Retains Historic Landmark Designation Sent to registrants on the State of California Housing and Community Development database Sent to parties that have expressed interest directly to the City Questions CITY OF PALM DESERT CITY MANAGER’S OFFICE INTEROFFICE MEMORANDUM To: Honorable Mayor and Councilmembers From: Heather Horning, Assistant to the City Manager Date: July 14, 2022 Subject: City Council Agenda (July 14, 2022) Below you will find questions received from the Mayor and/or Councilmembers and answers provided by City staff regarding tonight’s Council meeting agenda. CONSENT CALENDAR – ITEM O: APPROVE THE CITY OF PALM DESERT NEW YEAR’S EVE CELEBRATION ON EL PASEO •Question: Is the New Year’s Event really happening a day early on December 30th? Can you provide more information about the count down with a "diamond drop"? o Answer: This event is scheduled for Friday, December 30th from 12pm to 8pm, and it will not include a “diamond drop” countdown as originally planned. The event organizers agreed that these did not make sense due to the date and time of the event proposed. In future, the organizers plan to implement changes to time and date for future New Year’s Eve events. The organizer is also open to implementing date and times changes in future years, as they build upon this year’s layout and concept. CONSENT CALENDAR – ITEM U: CONSIDERATION OF APPOINTMENT OF APPLICANTS TO FINANCE COMMITTEE AND ARCHITECTURAL REVIEW COMMISSION •Question: Will there be a revised report for this item to reflect the appointments being made to the vacant Commission positions? o Answer: A corrected version of the Vacancies and Appointments Chart is included in the supplemental material provided to City Council prior to the meeting. ACTION CALENDAR – ITEM C: CONSIDERATION OF DESERT WILLOW RESIDENT PROGRAM CHANGES •Question: When was the Desert Willow Resident Golf Rate increased to $52? o Answer: The City Council approved the increase to the Desert Willow Resident Golf Rate on June 28, 2018. The Staff Report and Resolution are attached for reference. Supplemental - Page 1 Page 7 Page 5 Question & Answer Memo Page 2 of 3 ACTION CALENDAR – ITEM J: ADOPT A RESOLUTION DECLARING THE CITY OF PALM DESERT OWNED PROPERTY LOCATED AT 45656 MOUNTAIN VIEW SURPLUS LAND AND AUTHORIZING STAFF TO RELEASE A NOTICE OF AVAILABILITY FOR THE SALE OF THE PROPERTY •Question: Once the City has complied with the Surplus Land Act and proceeds to sell the property, may offers be ranked based on the quality of the proposed purchaser's plan for preserving the historic value of the property? o Answer: The short answer is yes. The Surplus Land Act dictates that the City must negotiate for 90 days with all viable respondents to the Notice of Availability (NOA) for the property with priority given to the project with the highest level of affordability. The NOA will include all information on the property including zoning and the historic designation. Respondents to the NOA will have to adhere to and take into consideration the requirements of the historic designation if they are proposing to renovate the property. The City would review plans for this property as they would any other historically designated property. After this time period has ended, the City is able to consider the quality of the proposed purchaser’s plan for preserving the historic value of the property when reviewing offers. ACTION CALENDAR – ITEM K: APPROVE A CONTRACT WITH CIRCUIT TRANSIT, INC., IN AN AMOUNT NOT TO EXCEED $200,000 FOR THE OPERATION OF UP TO THREE (3) VENDOR- OWNED EL PASEO COURTESY CARTS AND APPROPRIATE $41,000 FROM UNASSIGNED GENERAL FUND RESERVES •Question: How do the proposed carts from Circuit compare to our current city-owned carts when it comes to access to individuals with mobility limitations? Do we achieve any improvement? o Answer: The City currently has one ADA accessible cart that is available upon request and used during special events when all three carts are being used. The proposal costs from Circuit include three carts, each with six seats, and does not include an ADA accessible cart. Circuit is able to provide the City with an ADA compliant cart with five seats at an additional hourly cost $2.60 per cart. The increase to the total proposed contract amount would be $4,000 to upgrade one cart to an ADA accessible cart. Therefore, the overall budget would increase from approximately $200,000 to $204,000 based on operations of three total carts, with one of them being ADA accessible. •Question: Has staff reached any conclusions about best way to re-deploy our current carts? Do we have another possible use for them? Any chance the Living Desert might want them after their parking lot is expanded? o Answer: Staff does not currently have a plan for redeployment or reuse of the existing Courtesy Carts, but will explore options including their potential sale. Staff plans to bring options forward to the City Council for approval. Supplemental - Page 2 Question & Answer Memo Page 3 of 3 PUBLIC HEARING – ITEM B: APPROVE OUTSIDE AGENCY FUNDING COMMITTEE RECOMMENDATIONS FOR FY 2022/2023 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND USE OF FUNDING, AND ANNUAL ACTION PLAN FOR FY 2022-2023 •Question: Can you provide the comments/reasoning for the CDBG recipients receiving partial or no funding? o Answer: A memo with the comments/reasoning for each of the CDBG recipients receiving partial or no funding is attached. ATTACHMENTS: 1.Item 2C - Resolution 2018-47 Increase DW Resident Golf Rate 2.Item 3B - Memo CDBG Recipients Receiving Partial or No Funding Supplemental - Page 3 Page 21 [This page has intentionally been left blank.] Page 358 of 563 Page 1 of 5 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 14, 2022 PREPARED BY: Deborah Glickman, Management Analyst REQUEST: APPROVE A CONTRACT WITH CIRCUIT TRANSIT, INC., IN AN AMOUNT NOT TO EXCEED $199,717 FOR THE OPERATION OF UP TO THREE (3) VENDOR OWNED EL PASEO COURTESY CARTS AND APPROPRIATE $41,000 FROM UNASSIGNED GENERAL FUND RESERVES. RECOMMENDATION: 1. Approve a contract with Circuit Transit, Inc. in an amount not to exceed $199,717 for operation of up to three (3) vendor owned El Paseo Courtesy Carts, inclusive of regularly scheduled routes, special events, flex hours, insurance, and vehicle maintenance/repairs for the operation of the El Paseo Courtesy Cart Program during Fiscal Year 2022/2023. 2. Appropriate $35,000 from the Unassigned General Fund Reserves for said contract. 3. Authorize the Mayor to execute said contract and allow the City Attorney to make non- substantive changes. 4. Appropriate $6,000 from the Unassigned General Fund Reserves for a one-time cost of branding three (3) El Paseo Courtesy Carts. Funds in the amount of $165,000 are available in the FY 2022/2023 budget in Account Number 1104416-4368100, Courtesy Carts. If the City Council approves the operations of three (3) carts, then an additional $41,000 will have to be allocated from the Unassigned General Fund Reserves. BACKGROUND/ANALYSIS: 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) hours per day, (7) days per week, generally operating between October and May. In May 2022, the most recent contract for operations of the cart expired. On May 26, 2022, the City Council approved the release of a Request for Proposals for current and expanded levels of operations of the El Paseo Courtesy Carts. In the past, the City has provided the contracted vendor with the carts for operations at a cost of approximately $141,500 annually. This cost is inclusive of the following. Operator Costs (Drivers) Taxi Insurance (Paid by City) Maintenance Costs (Paid by City) App Total $113,500 $23,000 $4,500 $0 $141,000 Page 359 of 563 City of Palm Desert Agreement for Operations of the Courtesy Carts Page 2 of 5 The new RFP requires that the vendor pay for taxi insurance and all maintenance if operating its own carts and if the vendor is operating the City carts, the vendor pays for taxi insurance and the City pays for maintenance. For FY 2022/2023, staff anticipated the operation of two (2) City owned El Paseo Courtesy Carts and requested an increase in the budget in anticipation of higher contract costs associated with inflation and thus there is an amount of $165,000 in the FY 2022/2023 budget for this item. If the City Council approves staff’s recommendation, then it will be necessary to appropriate an additional $41,000 from the Unobligated General Fund account for the balance of the operator contract and branding of the vehicles. Strategic Plan: The approval of the El Paseo Courtesy Cart operator’s contract 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. Commission 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 El Paseo to shop and dine. The EPBID expressed an interest in an expansion of the program to include more carts and additional hours. Project Description: As per City Council direction, staff released a Request For Proposals (RFP) seeking an operator for the El Paseo Courtesy Cart Program. The RFP gave the proposers an opportunity to bid on any or all of the following: • Operation of two (2) to three (3) City owned vehicles • Operation of two (2) to three (3) vendor owned vehicles • Optional bid for the inclusion of an app to allow for the vehicle to be tracked or called The RFP was posted on the City’s website as well as the OpenGov website and was sent to three (3) vendors who had requested it. On June 29, 2022, staff received proposals from two (2) vendors, Circuit Transit, Inc. and GDG, Inc. Both vendors bid on operations of the City owned carts as well as operations of vendor owned vehicles. The main differences between the operations of City owned carts and vendor owned cart is maintenance, vehicle seating capacity, and pricing. If the City Council opts to utilize vendor owned vehicles, then the cost of maintenance would be included in the vendor’s hourly rate and not the responsibility. Page 360 of 563 City of Palm Desert Agreement for Operations of the Courtesy Carts Page 3 of 5 As for vehicle capacity, the City vehicles accommodate six (6) riders and a driver, whereas the vendor owned vehicles would accommodate five (5) riders and a driver. Finally, the cost for operations of City owned and vendor owned carts for both two (2) and three (3) carts annually are below. CITY OWNED COURTESY CARTS Operation of Two (2) City Owned Courtesy Carts Company Regular Cost/Hour Overtime Cost/Hour Vendor Expense Maintenance Total 2 Carts App Cost with App Circuit $34.91 $45.98 $118,916 $6,500 $125,416 $0 $125,416 GDG $45.00 $46.50 $150,936 $6,500 $157,436 $7,200 $164,636 Operation of Three (3) City Owned Courtesy Carts Company Regular Cost/Hour Overtime Cost/Hour Vendor Expense Maintenance Total 3 Carts App Cost with App Circuit $34.91 $45.98 $178,373 $6,500 $184,873 $0 $184,873 GDG $44.00 $46.50 $221,658 $6,500 $228,158 $7,200 $235,358 VENDOR OWNED COURTESY CARTS Operation of Two (2) Vendor Owned Courtesy Carts Company Regular Cost/Hour Overtime Cost/Hour Vendor Expense *Maintenance Total 2 Carts App Cost with App Circuit $39.16 $50.23 $133,145 $0 $138,145 $0 $138,145 GDG $59.00 $60.00 $197,716 $0 $202,716 $7,200 $209,916 Operation of Three (3) Vendor Owned Courtesy Carts Company Regular Cost/Hour Overtime Cost/Hour Vendor Expense *Maintenance Total 3 Carts App Cost with App Circuit $39.16 $50.23 $199,717 $0 $199,717 $0 $199,717 GDG $58.00 $60.00 $291,828 $0 $291,828 $7,200 $299,028 *If vendor owned vehicles are operated, then there would be no separate budget needed for maintenance. Selection Process In addition to reviewing the submitted proposals, staff conducted interviews with both proposers to further understand their operations for both City and vendor owned vehicles. After the review of proposals and the interviews, staff determined Circuit Transit, Inc. to be the lowest successful bidder for the operations of both options. Circuit Transit, Inc. has a track record with more than 11 years of experience in transit and has operations in seven (7) states including more than a dozen cities in southern California. It has also provided more than 6 million rides throughout all its operations. In the interview with staff, Circuit Transit, Inc. exhibited a full understanding of how to operate a micro-transit system, as well as illustrated an in-depth knowledge of how to adhere to safety standards while maintain strong customer service. Additionally, Circuit Transit, Inc.’s hourly rate is inclusive of an app that can be called, hailed, or stop based, which is more robust than the app that is currently featured on the El Paseo Courtesy Cart. Page 361 of 563 City of Palm Desert Agreement for Operations of the Courtesy Carts Page 4 of 5 Staff endorses contracting for the operations of vendor owned vehicles because it allows for a more up-to-date experience for riders while offering a higher level of technology. Additionally, working with vendor owned carts means that the carts would be new and offer more miles per battery charge as well as will require that the vendor is responsible for all vehicle maintenance to the carts. Therefore, staff is recommending approval of a one-year (1) contract with options for two (2) one-year (1) extensions for the operations of three (3) vendor owned El Paseo Courtesy Carts seven (7) hours per day, seven (7) days per week mid-October through May. If approved, the contract will include a clause that allows for the expansion or contraction of hours of service, and number of carts operated, and additional routes if requested by the City. If the City Council approves the operations for three (3) carts at a cost of $199,717, it will be necessary to appropriate $41,000 from Unassigned General Fund Reserves in addition to the $165,000 that is already in the FY 2022/2023 budget. Branding If the City Council approves the use of vendor owned vehicles, then a one-time expenditure will be required for vehicle branding. Staff would work with the City’s Public Affairs department to design a wrap for the vehicle to brand it as the El Paseo Courtesy Cart. The cost of the branding is not included in the annual operations contract and staff estimates that it will cost approximately $2,000 per cart for a total of $6,000. Possible Route Expansion At its meeting of May 26, 2022, the City Council expressed an interest in extending the operations of the El Paseo Courtesy Carts off El Paseo to accommodate riders visiting The Living Desert and traveling along the Highway 111 and San Pablo corridors. To address this, staff has met with Sunline Transit Agency to explore partnership opportunities for its SunRide pick-up service which already services a portion of those areas. Staff is in conversation with Sunline Transit to see if it is possible to expand the SunRide program to accommodate a larger area of ridership. Staff will return to the City Council at a later date with further information on the potential partnership. FINANCIAL IMPACT: Funds in the amount of $165,000 are included in the FY 2022/2023 budget in the Courtesy Cart Account Number 11004416-4368100, and staff is requesting an appropriation of an additional $41,000 from the Unassigned General Fund Reserves for the operations of three (3) El Paseo Courtesy Carts in FY 2022/2023. REVIEWED BY: Department Director: Eric Ceja City Attorney: Robert Hargreaves Finance Director: Veronica Chavez Page 362 of 563 City of Palm Desert Agreement for Operations of the Courtesy Carts Page 5 of 5 City Manager: L. Todd Hileman ATTACHMENTS: 1. Draft Agreement 2. Circuit, Inc. Proposal Page 363 of 563 1 W:\Staff Reports - Shared 2\2022\Staff Reports 2022-07-14\2K Courtesy Cart 7-14-22\1. Draft Agreement for CC - update 7-8- 21.docx AGREEMENT FOR SERVICES TO OPERATE THE EL PASEO COURTESY CART SERVICE OCTOBER 14, 2022 THROUGH MAY 29, 2023 This Agreement dated July 14, 2022 is entered into between the City of Palm Desert (CITY) and Circuit Transit, Inc. (CONTRACTOR), for the operation of the El Paseo Courtesy Cart Service, a non-fixed route public transit service within the City of Palm Desert. This Agreement shall cover the period beginning on October 14, 2022, and ending on May 29, 2023. 1. Background: The CITY desires that CONTRACTOR operate the El Paseo Courtesy Cart Service along El Paseo within the City of Palm Desert during the contract period. The CONTRACTOR will provide these services while operating three (3) Neighborhood Electric Vehicles (NEV) owned by the CONTRACTOR. The courtesy cart services are offered free of charge to the general public and shoppers on El Paseo, and the CONTRACTOR shall neither charge for services nor solicit tips in any manner for the services. 2. Vehicle Operation: Vehicles shall be in regular service seven days per week in accordance with the attached Schedule (Exhibit “A”): 11:00 a.m. through 6:00 p.m. daily, starting October 14, 2022 - May 29, 2023 (days subject to change by the CITY), including holidays, except Christmas Day and Thanksgiving Day. Vehicles are permitted to be out of service for one half-hour plus two 15-minute breaks during each seven-hour operating period. No breaks shall be taken consecutively. At direction of the CITY, more hours may be added to the schedule described herein or may be reduced from this schedule. In the event that the number of hours is changed, the contract amount will be adjusted accordingly by application of the unit rates contained in the CONTRACTOR’s Proposal (Exhibit “B"). The CITY retains the right to increase, decrease, or, with thirty (30) days’ notice, to suspend or cancel the service for any period at any time. The CONTRACTOR shall provide neatly-attired professional drivers whose appearance is appropriate for the context in which they will be working (company golf shirts, for example). 3. Vehicle Maintenance: CONTRACTOR shall perform all maintenance on the vehicles in accordance with the manufacturer’s recommendations. CONTRACTOR will also perform routine safety inspections every fourteen (14) days during the term of this Agreement. All vehicle maintenance costs are included in this Agreement. 4. Fees and Payment: Payment to CONTRACTOR will be made as follows: A. Operation of the El Paseo Courtesy Cart Service: An amount not to exceed one-hundred ninety nine thousand seven hundred seventeen dollars and no/100 cents ($199,717) yearly for the cost of operating the courtesy cart service. Contractor shall not commence work under this Agreement until it has provided Page 364 of 563 2 W:\Staff Reports - Shared 2\2022\Staff Reports 2022-07-14\2K Courtesy Cart 7-14-22\1. Draft Agreement for CC - update 7-8- 21.docx evidence satisfactory to the City of Palm Desert that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor(s) to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor(s) has secured all insurance required under this section. 5. Indemnification: CONTRACTOR shall indemnify, defend, and hold harmless the CITY, and its officers, employees, and agents (“CITY indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable attorney’s fees and costs of litigation (“claims”), arising out of the CONTRACTOR’s performance of its obligations under this agreement or out of the operations conducted by CONTRACTOR, including the CITY indemnitee’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the CITY indemnitees. In the event the CITY indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONTRACTOR’s performance of this agreement the CONTRACTOR shall provide a defense to the CITY indemnitees or at the CITY’s option reimburse the CITY indemnitees their costs of defense, including reasonable attorney’s fees, incurred in defense of such claims. Without limiting Contractor's indemnification of City, and prior to commencement of Work, 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. i. 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, including without limitation, blanket contractual liability. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement. ii. 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 City of Palm Desert, its officers, agents, employees and volunteers. iii. Umbrella or Excess Liability Insurance: Contractor may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Contractor shall obtain and maintain an umbrella or excess liability insurance policy with limits of Page 365 of 563 3 W:\Staff Reports - Shared 2\2022\Staff Reports 2022-07-14\2K Courtesy Cart 7-14-22\1. Draft Agreement for CC - update 7-8- 21.docx not less than $4,000,000 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 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; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; and • Policies shall "follow form" to the underlying primary policies. • Insureds under primary policies shall also be insureds under the umbrella or excess policies iv. Taxi Cab Companies – Commercial Auto Liability Insurance: Contractor shall maintain Taxi Cab Companies – Commercial Auto Liability Insurance with limits of at least $1,000,000 combined single limit) covering all vehicles to be operated by CONTRACTOR, and all drivers. OTHER PROVISIONS OR REQUIREMENTS Insurance for Subcontractors: All subcontractors shall be included as additional insureds under the Contractor’s policies, or the Contractor shall be responsible for causing subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City as an Additional Insured to the subcontractors' liability policies. Contractor shall provide to City satisfactory evidence as required under Insurance Section of this Agreement. 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. 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 sub- consultants. 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 Page 366 of 563 4 W:\Staff Reports - Shared 2\2022\Staff Reports 2022-07-14\2K Courtesy Cart 7-14-22\1. Draft Agreement for CC - update 7-8- 21.docx 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. Acceptable Insurers: All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance 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. Waiver of Subrogation: All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers, 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. Vendor hereby waives its own right of recovery against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers and shall require similar written express waivers and insurance clauses from each of its subcontractors. 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. Primary and Non-Contributing Insurance: All 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. 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 Page 367 of 563 5 W:\Staff Reports - Shared 2\2022\Staff Reports 2022-07-14\2K Courtesy Cart 7-14-22\1. Draft Agreement for CC - update 7-8- 21.docx shall be available to the City. Notice of Cancellation: Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment of premium for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. Additional Insured Status: General liability and automobile liability, policies shall provide or be endorsed to provide that the City of Palm Desert and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. 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. 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. Pass Through Clause. CONTRACTOR agrees to ensure that its sub-consultants, subcontractors, 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. 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 substantial additional 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. 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 Page 368 of 563 6 W:\Staff Reports - Shared 2\2022\Staff Reports 2022-07-14\2K Courtesy Cart 7-14-22\1. Draft Agreement for CC - update 7-8- 21.docx considered to comply with these specifications unless approved by City. 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. 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. 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. Annual Driver Review: CONTRACTOR shall at least annually review the performance and DMV history of each driver and advise the City of any incidents that have occurred driving or otherwise in the performance of the driver duties. CONTRACTOR shall be responsible for appropriate training of all drivers (new and old) in their duties and proper vehicle operation. A. Payments: CONTRACTOR shall invoice the CITY by the fifteenth of each calendar month for the preceding month’s fees. Terms of the invoices shall be net thirty days. 6. Other: CONTRACTOR shall make available City of Palm Desert information in the NEVs. The CITY shall furnish brochures and printed literature in adequate quantities such that CONTRACTOR can restock the information carried in the vehicles on an as-needed basis. CONTRACTOR shall not charge persons wishing to use the parking shuttle service, nor shall the driver solicit tips in any matter. Use of a tip basket is expressly forbidden. All Drivers shall be subject to review and approval by the CITY. Drivers will be required to be able to answer questions and give information regarding the City of Page 369 of 563 7 W:\Staff Reports - Shared 2\2022\Staff Reports 2022-07-14\2K Courtesy Cart 7-14-22\1. Draft Agreement for CC - update 7-8- 21.docx Palm Desert, and its history, in a courteous and helpful manner. At the request of the CITY, CONTRACTOR shall replace any driver found lacking in professionalism or courtesy, or not presenting him/herself in a neat and professional manner while on duty. Driver shall be responsible for retrieving NEV from the supplied storage location and for returning the NEV there at the end of each shift. Driver will also be responsible for recharging the vehicle and promptly reporting any malfunctions of either the vehicle or the recharging apparatus maintained at the storage location. CONTRACTOR is responsible for providing all cleaning materials needed to maintain the exterior and interior of the vehicles in a like-new condition. [SIGNATURES ON NEXT PAGE] Page 370 of 563 8 W:\Staff Reports - Shared 2\2022\Staff Reports 2022-07-14\2K Courtesy Cart 7-14-22\1. Draft Agreement for CC - update 7-8- 21.docx SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND CIRCUIT TRANSIT, INC IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement which shall be deemed an original on the date first above written. CITY OF PALM DESERT CONTRACTOR By: By: ___ Jan C. Harnik, Mayor ______________________________ Title Attest: Anthony J. Mejia, City Clerk Attest: Signature Title Approved as to form: Robert Hargreaves, City Attorney Page 371 of 563 Exhibit A 2022 - 2023 City of Palm Desert NEV Operations Schedule Month # of Days Hours Per Day Total Hours Per Cart Regular Hours October 14 - 31, 2022 18 7 126 November 1-30, 2022 (excluding Thanksgiving) 29 7 203 December 1-31, 2022 (Excluding Christmas) 30 7 210 January 1-31, 2023 31 7 217 February 1-28, 2023 28 7 196 March 1-31, 2023 31 7 217 April 1-30, 2023 30 7 210 May 1-29, 2023 29 7 203 Total Annual Regular Hours - One (1) Cart 1582 Total Annual Regular Hours - Two (2) Carts 3164 Total Annual Regular Hours - Three (3) Carts 4746 Overtime Hours Month(s) Hours Per Month Number of Months Total Hours Per Cart October 2022 - February 2023 4 5 20 March, 2023 64 1 64 April - May 2023 4 2 8 Total Annual Overtime Hours - One (1) Cart 92 Total Annual Overtime Hours - Two (2) Carts 184 Total Annual Overtime Hours - Three (3) Carts 276 Page 372 of 563 Request for Proposal Operations of Neighborhood Electric Vehicles NEV as a Courtesy Cart Service 2022 REQ 127 for City of Palm Desert Prepared for: City of Palm Desert 73 510 Fred Waring Drive Palm Desert, CA 92260 Date:June 29, 2022 Prepared by:Circuit Transit Inc Daniel Kramer, Vice President of Operations & New Business daniel@ridecircuit.com | 562 252 6680 James Mirras, COO & Co-Founder james@ridecircuit.com | 631 903 4448 Page 373 of 563 Table of Contents Cover Letter 3 Experience and Technical Competence 5 References CONFIDENTIAL 5 Reference 1 Huntington Beach 5 Reference 2 Oceanside 6 Reference 3 Chula Vista 6 Reference 4 Leimert Park 7 Firm Staffing 7 Driver Requirements 8 Local Hiring Preferences 8 Training 9 Customer Service 10 Subcontractors 11 Proposed Method to Accomplish the Work 11 Vehicles 12 Vehicle Maintenance 13 Access to Additional Vehicles 14 Storage & Charging 14 Advanced Cleaning 14 Service Design 15 Fixed Route Option 15 On-Demand Option 16 Pricing- CONFIDENTIAL 19 Project Team Resumes 20 Case Studies 25 Case Study San Diego, CA 26 Case Study New Rochelle, NY 31 Case Study Hollywood, FL 34 Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 2 of 37 Page 374 of 563 Cover Letter Circuit Transit Inc ridecircuit.com June 29, 2022 Deborah Glickman Management Analyst 73510 Fred Waring Dr Palm Desert, CA 92260 Email:dglickman@cityofpalmdesert.org Phone: 760 776 6441 Re: Request for Proposals RFP for Operations of Neighborhood Electric Vehicles NEV as a Courtesy Cart Service Dear Ms. Glickman, This submittal is for the City of Palm Desert RFP for Operations of Neighborhood Electric Vehicles NEV as a Courtesy Cart Service.This proposal will show that Circuit Transit Inc has the proven capabilities and background in providing a sustainable on-demand shuttle program, as well as relevant and specific experience in neighboring San Diego, Orange and Los Angeles counties and local knowledge and familiarity with the City of Palm Desert. Circuit is an active service provider in Southern California that's responsible for the successful deployment and management of services that are very similar in scope to those described in the RFP. Circuit provides all electric, first/last mile solutions that help move people in local communities and bridge gaps between riders and existing transit. By using fleets of electric vehicles, leveraging the data from its ride-request app, and working with top advertisers, Circuit is able to provide an eco-friendly, data-centric and efficient solution that promotes circulation, reduces parking congestion, promotes local economic development, reduces vehicle miles traveled, encourages alternate options, creates local jobs, and covers the last mile conveniently and affordably to the rider. Circuit is the largest and most experienced operator of shared, on-demand, last-mile EV Shuttle Services in the US. With successful operations in 30 markets across California, Texas, New York, New Jersey, California and South Florida, Circuit provides both national expertise and local experience. Circuit’s corporate headquarters are located at 777 S. Flagler Drive, Suite 800 West Tower, West Palm Beach, FL 33401. Circuit also has West Coast offices in Los Angeles and San Diego. The company's officers and project leads are as follows: Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 3 of 37 Page 375 of 563 James Mirras COO / Co-Founder Daniel Kramer VP of Operations & Sales Email: james@ridecircuit.com Email: daniel@ridecircuit.com Tel: 631 903 4448 Tel: 562 252 6680 James and Daniel have the authority to negotiate and contractually obligate the company. Daniel will be the primary point of contact for this program and can be contacted for further clarification. If selected, we are committed to work with the City to provide a turn-key service designed to meet the needs outlined in this RFP. Circuit appreciates your review of our submission and welcomes any questions that you may have. Sincerely, Daniel Kramer VP, Operations & Business Development, Circuit Transit Inc daniel@ridecircuit.com 562 252 6680 Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 4 of 37 Page 376 of 563 Experience and Technical Competence Circuit Transit is an experienced operator with over 11 years of experience helping communities enhance mobility and reduce transportation-related emissions while promoting local economic development and creating local jobs. We have a professional team with expertise in operations, marketing, technology, reporting and more. We are incredibly excited about the opportunity to work with the City of Palm Desert to run an effective and measurable NEV program throughout the El Paseo Shopping District. We have the proven capabilities and background in operating sustainable NEV programs to provide residents and visitors a safe and broadly accessible zero-emissions transportation option, having provided over 6 million rides to date. Our team has experience designing and operating programs to address parking issues, congestion, improve accessibility and circulation, and provide economic benefits to the local community. Circuit offers the City of Palm Desert the opportunity to hire an experienced operator who can bring an innovative approach to the existing El Paseo Courtesy Carts program. Circuit has operated similar services in nearby communities of Southern California, including Chula Vista, San Diego, Newport Beach, Huntington Beach, Marina del Rey, Venice, Santa Monica, Culver City, Leimert Park (a disadvantaged community in Los Angeles), and SoFi Stadium in Inglewood. Circuit also was selected with the City of Chula Vista for a CARB Clean Mobility Options grant focused on first/last-mile transportation solutions for seniors which launched earlier this month. Circuit has established itself as a national leader in the on-demand, first/last-mile transportation industry and an experienced operator of fleets of EV’s and NEVs. Our proven model provides a fun alternative to single occupancy vehicle trips SOVs), reduces Vehicle Miles Traveled VMTs), creates local jobs, and covers the last mile at little or no cost to the rider. In 2021, Circuit helped its partners reduce traffic and congestion by over 1 million vehicle miles traveled VMTs) and reduced greenhouse gas emissions by 535 metric tons CO2, saving over 60,000 gallons of gas while providing over 6 million rides in our fully electric fleet since starting. References -CONFIDENTIAL Reference 1 Huntington Beach Company/Organization City of Huntington Beach Project Manager Sean Crumby, Director of Public Works Phone Number: 714 374 5348 Project Description: In May 2021, Circuit won a contract with the City of Huntington Beach through a competitive procurement process for a downtown electric shuttle pilot. The program saw Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 5 of 37 Page 377 of 563 immediate success with over 10,000 rides per month and received a long term extension following the expiration of the pilot period. Project Start and End Dates: July 2021 present Reference 2 Oceanside Company/Organization City of Oceanside Project Manager Michelle Geller, Economic Development Manager Phone Number: 760 435 3351 Project Description: In 2022, Circuit was contacted by the City of Oceanside to help design a first/last mile pilot ahead of summer. The pilot program was launched on June 6th, 2022 with 5 Neighborhood Electric Vehicles NEV operating seven days a week from 10am to 10pm. The program saw immediate success with over 3,100 rides in the first two weeks. Project Start and End Dates: June 2022 present Reference 3 Chula Vista Company/Organization City of Chula Vista Project Manager Dennis Gakunga, Chief Sustainability Officer Phone Number: 619 476 5355 Project Description: To support Chula Vista’s efforts of reducing greenhouse gas GHG emissions and meeting public transportation needs for all ages, the City of Chula Vista, in partnership with Circuit Transit Inc., applied for the Clean Mobility Options CMO grant in October of 2020. The CMO program is a statewide initiative funded by California Climate Investments and administered by California Air Resource Board’s Program Administrator team to provide funding for zero-emission shared mobility options to under-resourced communities in California. In June 2021, the City of Chula Vista was awarded $997,833 through the CMO program to launch the Chula Vista CV Community Shuttle Pilot program to provide clean transportation to seniors in northwest Chula Vista. In addition, the City of Chula Vista received a grant award of $1,000,000 as supplemental funding from Community Congregational Development Corporation CCDC to expand the original project service area for the CV Community Shuttle Pilot Project. The EV micro-transit program will include all-electric sedans and electric ADA passenger vans. Service is expected to launch in May 2022. Project Start and End Dates: 2021 2025 Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 6 of 37 Page 378 of 563 Reference 4 Leimert Park Company/Organization Los Angeles Cleantech Incubator Project Manager Jesse Clarke, Senior Pilots Manager Phone Number: 323 765 9255 Project Description: In 2020, Circuit was selected by LACI and the Leimert Park community to operate a local electric community shuttle focusing on Leimert Park Village, the Crenshaw Corridor, and the MLK Jr Blvd Corridor to Western Ave. The program was designed with the Community Partners to benefit and be reflective of the local community, including hyper-local hiring preferences. Throughout the pilot, the local team will conduct regular community outreach with the Community Partners. This service was designed in coordination with LACI and the Community Partners. We were excited to build a pilot with these partners that represent, serve, and are a part of the community. The project was extended for an additional year through August of 2022 due to great acceptance of the riders providing a fun, safe, and clean transportation option for the community of Leimert Park. Firm Staffing Circuit has a professional team to assist with the planning, launch, implementation, and reporting for the program and any service extensions. The key team members detailed below have expertise in national operations, marketing, advertising sales, technology, reporting, innovation, grant writing and expansion - as well as local expertise in Southern California markets. In each of our markets, we build for long-term ongoing success and have the team to achieve it. Each Circuit location has a dedicated team of managers, supervisors and driver ambassadors to ensure service performance and Company operational standards. Circuit builds successful, proud teams and focuses on development and retention. Local teams are overseen by a regional management structure and corporate operations team. If selected as the operator of the Courtesy Carts program, Circuit anticipates hiring one Operations Supervisor to report to Daniel Kramer, along with 4 6 drivers who would report to the Operations Supervisor including one Shift Supervisor. Operations Supervisor ●Full-time hired position ●On-site at all times during service hours, drives 40 hours per week ●Responsible for day-to-day operations, vehicles and staff ●Reports directly to Regional General Manager ●Direct reports are Shift Supervisors and Driver Ambassadors ●Perform dispatch and customer service responsibilities as needed Shift Supervisor ●Full-time hired positions Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 7 of 37 Page 379 of 563 ●On-site at all times during service hours, drives 40 hours per week ●Perform dispatch and customer service responsibilities as needed ●Additional training and responsibilities ●Shift reporting and “hand-off” submissions Driver Ambassadors ●Full-time and part-time employees Circuit- hired, W2 employees) ●Living-wage pay and benefits ●Follow Circuit operational policies and local rules for revenue service What We Look For In A Driver ●Outgoing, Inviting, Friendly ●Local Resident and/or Local Knowledge ●Safe & Responsible ●Customer Service experience ●Team oriented ●Self-Motivated with a focus on development ●Dependability All of these local teams are supported by a strong, diverse and experienced national team. The “Corporate” team at Circuit has a variety of backgrounds including experience with: technology and technology development, bookkeeping, finance and accounting, marketing, communications, advertising sales, parking, real estate development, transportation planning, grant writing, management, staffing, hiring, training, fare collection and transportation law. Driver Requirements Legal: All Circuit drivers must be at least 21 years of age, have an active driver’s license for at least 3 years, and must have a clean driving record with no accidents or tickets. Insurance Clearance, Drug & Alcohol Testing, Background Check: All Circuit drivers must be cleared to drive by our insurance carrier through Motor Vehicle Record and/or Background Checks. Personality: Circuit employees are more than drivers. Everyone is an ambassador to both the Circuit brand as well our partners (city, sponsors, etc.). We look for motivated, outgoing, excited and responsible employees to represent our brand. Pre-Hire Driver Exam: Potential hires lastly go through a physical driving exam accompanied by the Operations Manager. The Circuit Pre-Hire Driving Exam is submitted to the Regional GM for final approval. Local Hiring Preferences Circuit will always commit to a local hiring preference in all markets. One of the many benefits of hiring locals is ensuring staff are familiar with the location and can serve as knowledgeable ambassadors. Circuit’s drivers are more than just drivers. They act as local ambassadors; representing the city, providing local knowledge and encouraging local business. Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 8 of 37 Page 380 of 563 As we have done in other markets, along with posting job openings on popular platforms such as Indeed, we can work with local workforce development and job placement centers to source qualified, local candidates. Training Circuit’s drivers are more than just drivers. They act as local ambassadors; representing the city, providing local knowledge and encouraging local business. Circuit seeks specific driver qualities that ensure safety, professionalism, a focus on customer service, and knowledge of the City as a visitor destination. Circuit employees are more than drivers; they are ambassadors to the local community. We look for motivated, outgoing, excited and responsible employees to represent our brand. Ongoing training is conducted on a quarterly basis to update on safety, optimal vehicle operation, customer service, assisting riders with disabilities, and operational protocol. The management team has access to our proprietary management dashboard to view operations in real-time and regularly monitors the drivers’ performance. Circuit will offer these tools and data reports to the project team at the contracting agency, to maintain quality control, transparency and monitoring for future improvements. Additionally, Circuit uses a scheduling software to keep the team connected, manage shifts, and enable local management to efficiently manage the local team Our training program specifically covers: ●Safe operation of an electric vehicle ●Efficient operation of an EV, maximizing battery efficiency ●Advanced cleaning procedures ●Safety guidelines and policies ●COVID19 advanced safety and cleaning policies and procedures ●Customer service and passenger relations ●ADA regulations and operations ●Use of the Driver Mobile App ●Communications policies ●Emergency procedures and plan ●Accident reporting/procedures Circuit also provides ongoing training and retraining and conducts performance evaluations. Our teams have consistently met requirements from transit authorities and law enforcement departments for vehicle inspections and driver training and testing. Along with the initial training program, monthly and quarterly management ride-alongs specifically focus on customer experience. Driver retention is a factor that the company is proud of and over the past 18 months (and through COVID 19 Circuit boasts a retention rate of 88% across all of our operations. This is the result of the diverse work environment that Circuit creates, the camaraderie among employees, the ability to grow, and the enjoyable, safe and fair management. Our riders consistently rate our drivers highly and list them as one of their favorite things about the service. Circuit drivers are ambassadors to the city and the community - for visitors as well as residents of the region. We often receive feedback from riders that they wish the service was in their community as well - showing that there is unmet demand, and that the model for this service is replicable and seen as an asset to the region and community. Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 9 of 37 Page 381 of 563 “ My driver] was above and beyond the best ever introduction to your city, your company, and your concept. Just could not be more impressed. Want to tell everyone I can in Seattle that we need a service like you provide; along with representatives like [my driver]. Thank you!!” “Thanks for a memorable introduction to your beautiful city.” Customer Service One of Circuit’s core values is customer experience. Circuit focuses on hiring drivers and operational staff that exhibit excellent customer relations skills and value experience in customer service. We additionally include customer relations as a part of our training program, which includes updates to policy related to COVID19 and responding to rider concerns. We hire locally and prefer drivers that are familiar with the local community to act as an ambassador as well as a driver. We are committed to excellent customer experience and long term success, and our customer service team makes a point to reply to all reviews in the app stores. Training for employees involved in customer service include on-the-job training using pre-existing SOPs and quick reference guides for template responses to a high majority of common questions. This would cover training with guidance specific to phone, ride request app, and email inquiries as well as those that might take place in-person. These employees would have direct supervisors to reach out to for approval on sensitive topics to ensure compliance. Training would be a multistep process including initial shadowing of another employee, hands-on training with supervision, and continued ongoing training. We have a multifaceted customer inquiry, and contact system, which our staff are trained to use and keep accurate logs. Operational staff are also involved in our local community outreach efforts, including representing the company at local community events. All staff are trained to respond to customer needs and handle any complaints in a timely and courteous manner. Circuit has a customer service phone number and email. Riders can also submit feedback within the mobile application and through the website. Circuit’s national corporate team monitors these as well as social media accounts and app store feedback/ratings. The national team will direct users to a local manager if and when needed. We also conduct regular rider surveys to analyze and improve our service offerings. Our team continually works to make its technology and information about its services accessible broadly to the local communities it operates in. Our mobile app is available in English and Spanish. We have bilingual drivers and can include hiring preferences for additional language capabilities. We have also created marketing materials in both English and Spanish. Circuit’s website and location pages include accessibility features, and our operations staff are trained in providing equivalent service and any additional assistance needed for riders with mobility impairments and disabilities. Our local teams can also assist riders in downloading the app, providing information about the service and the community, and responding to questions. Circuit can provide updates and reports on Customer Service to the City as needed. Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 10 of 37 Page 382 of 563 Key Personnel Circuit has brought together a diverse team with expertise in neighborhood electric vehicle operations, micro-mobility, electric carshare, parking, and curbside management. This collaborative team has extensive experience in first/last mile operations, mobility hubs, grant writing, electric vehicle operations, and maintenance, designing and scaling pilot programs, and local community outreach and engagement. All project partners have deployed services and technology with live demonstrations and municipal partnerships. The team is happy to bring on additional expertise and partners if desired. Short biographies are provided for key team members below for Circuit. One-page resumes for each are available in Project Team Resumes. ●Daniel Kramer, Vice President of Operations & Business Development,will oversee the launch and ongoing operation of the Courtesy Carts program. Daniel is based in Los Angeles and would be on the ground in Palm Desert on a regular basis. Daniel will be the City’s primary point of contact. ●James Mirras, COO / Co-Founder,will work closely with Daniel to plan and set up operations, hiring processes, tech improvements, reporting processes, metrics, and any additional requests of the City of Palm Desert. ●Tucker Costello, Managing Director, Internal Development,will handle the location deployment within the mobile app, testing, and coordination with operations staff, handle features requests, and lead ongoing testing and technical support if the City elects to utilize Circuit’s mobile app. ●Anita Chen, General Counsel,will assist in contract negotiations and ensure required registrations and regulations are met. Subcontractors Circuit does not intend to use any Subcontractors for this project. Proposed Method to Accomplish the Work With 11 years, 150 vehicles, 9 states, and 30 cities of operations, Circuit brings its national experience and network to the benefit of each City it works with. In Palm Desert, Circuit will provide its turn-key micro-transit solution using a fleet of all-electric Waev (formerly Polaris) GEM e61 NEVs to meet the transportation, traffic reduction and sustainability objectives of the City of Palm Desert. Circuit’s services can be implemented quickly and are proven to be cost-efficient and effective in tackling mobility challenges. Circuit will leverage its regional and local knowledge and resources to help the City design a scalable and sustainable program. 1 https://gem.polaris.com/en-us/e6/specs/ Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 11 of 37 Page 383 of 563 Vehicles For this program, we propose using a total of 2 3 all-weather, all-electric Waev GEM e6 neighborhood electric vehicles. Circuit has extensive experience and expertise operating and maintaining these vehicle types for use in on-demand micro-transit operations and specifically in Southern California. Waev GEM e6 neighborhood electric vehicle The GEM vehicles seat 6 passengers (including the driver) and are made in the United States. The slim and efficient design reduces interference with traffic and decreases passenger loading time. The cars are ideal vehicles for short-range, sustainable, about-town transportation. Circuit will deploy the model year 2020 or later vehicles for this program. While Circuit uses these vehicles in its other markets and intends on using them in the City, it has designed all of its systems so that the vehicles can be interchangeable. It is ready and willing to consider and implement other options such as different vehicles, larger capacity shuttles, and autonomous vehicles (if/when the technology is available). Each vehicle includes an iPad display which can allow riders to take selfies using our photo booth application and see digital advertising videos from our sponsors. Each driver has an iPhone to see ride requests, safely communicate with management and riders, and optimize routes. Additional benefits include: ●Range Over 8 hours of range achieved ●Environmental Impact Less carbon emissions, reducing the City’s carbon footprint ●Numerous Vehicles Operating numerous vehicles increases the flexibility to customize the service to best serve the needs of the public Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 12 of 37 Page 384 of 563 ●Ridership The car’s design is fun and inviting in nature, encouraging riders to hop aboard ●Interior Comfort The cars are easily kept clean and are outfitted with comfortable seats, ample legroom, cup holders, fans, 3-point seatbelts, cargo space, and a friendly, local ambassador/ driver ●Open Air Feel Each rider has their own window and door. The vehicle windows can be rolled down partially or fully for an open air feel, providing more comfort and safety. ●Maintenance Circuit has GEM certified mechanics on staff that can maintain and perform warranty work on the vehicles. Extra vehicles are also available if a car is inoperable Circuit is happy to work with the City of Palm Desert to scale services with additional vehicles as demand increases. Circuit’s vehicle branded with Santa Monica Pride Month campaign and Circuit’s Brightline+ service providing on-demand rides to/from all Brightline Train stations Circuit’s all-weather GEM vehicles shuttling visitors in Plymouth, MA and displayed at a launch event in Pompano Beach, FL. Vehicle Maintenance Circuit has GEM certified technicians and mechanics on staff that maintain and perform warranty work on all vehicles. Extra vehicles are also available in surrounding markets to temporarily replace a vehicle that is inoperable and may be out of service for an extended time. Vehicles are regularly maintained using rigorous checklists created in conjunction with the vehicle manufacturer. Typically, vehicles are inspected every 4,000 5,000 miles and the condition of filters, brakes, etc. are tracked and replaced accordingly. Additionally, data is shared about the cars’ performance in Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 13 of 37 Page 385 of 563 order to forecast future maintenance needs. As it does with ridership, Circuit takes a proactive approach to plan future needs. Each vehicle within our fleet has a unique ID. Our operations team tracks vehicle characteristics and status through fleet management software and communicates this status to Regional Management and other corporate team members through shared documents and project management software. These characteristics and status include driver vehicle check forms, current and pending advertising campaign information if any, maintenance records, assigned operating location or special event, mileage, as well as general information. Drivers check vehicles before and after each shift and fill out a vehicle check form. They perform cleaning duties before, during, and after their shift. Any issues are noted and reported to local managers, who coordinate maintenance and repairs. We have trained and certified maintenance staff in each operating region, and have a local maintenance team in San Diego to manage regular and ongoing maintenance for this service. Access to Additional Vehicles Given our nearby operations, we are readily able to supply additional GEM electric vehicles on short notice on an as-needed basis. In the event, a vehicle needs maintenance, Circuit’s in-house maintenance team can be on-site within 24 hours, and work can be outsourced to our dealer/partner CartMart who has a sales and maintenance team nearby in La Quinta. The vehicle manufacturer, Waev, is also nearby in Anaheim and can help on an as-needed basis. If needed, a new vehicle can be brought to the market, or for events, within 24 48 hours. We have 35 vehicles within Southern California that are Circuit owned and therefore we have immediate access to this fleet. Storage & Charging Circuit plans to utilize the City of Palm Desert’s storage and charging infrastructure. As stated in the question & answer section of OpenGov, “The City has a parking garage area in the parking garage at The Gardens on El Paseo parking structure. There are plugs available where the City carts are charged.” Advanced Cleaning Vehicles will be regularly cleaned in the interior and exterior to maintain a safe and clean environment, professional looking appearance, and comfortable experience for riders. This is part of our standard cleaning, health, and safety protocol. There has since been an increased attention to the service Circuit offers as ridership for mass transit and rideshare services with independent contractors has dwindled. There is increased demand for smaller, lower capacity transit services that are easier to perform regular sanitizing between riders and options to keep groups separated. Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 14 of 37 Page 386 of 563 Circuit has incorporated advanced cleaning and safety measures in line with best practices under the current pandemic crisis, including additional training for drivers and operational staff. These measures have included regular cleaning of vehicles, masks required for riders and drivers, turning off the app pooling feature, reducing vehicle passenger capacity, and fitting and adding physical plastic partitions between passenger seating rows and between passengers and the driver. We have incorporated in-app and email/social media messaging to notify passengers of changes. Our operations team has piloted advanced cleaning through ultraviolet technology in partnership with UVC technology startup Dimer.2 We have worked closely with our City Partners to coordinate any service changes and have implemented advanced safety measures. We added rider messaging to remind riders of requirements to use the service and note local service changes. We adjusted to help deliver food in partnership with food banks, restaurants, and grocery stores and transport visiting nurses between their hotel and hospital. We have also implemented rigorous safety measures to keep our drivers and the community safe. In Hollywood, we instituted mandatory COVID 19 testing for drivers as well as temperature checks with an infrared thermometer prior to each shift. Service Design Fixed Route Option While Circuit’s experience is in tech-enabled, on-demand shuttle services, we are more than capable of operating this program as the current Courtesy Carts program does along a fixed route on El Paseo between Portola Avenue and Highway 74. 2 https://www.ridecircuit.com/circuit-and-dimer Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 15 of 37 Page 387 of 563 On-Demand Option Alternatively, Circuit proposes utilizing our proprietary rider app to offer an on-demand service to cover El Paseo as well as surrounding businesses in a demand-based coverage area with point-to-point service where riders can request a ride to/from any location within the geo-fenced service map. Circuit’s pooling algorithm will further reduce single-occupancy vehicle trips by linking riders headed in the same direction, with parameters specified in coordination with the City. Circuit has a custom proprietary mobile app for requesting rides available for Android and iPhone. Website:www.ridecircuit.com Apple:https://apps.apple.com/us/app/ride-circuit/id988052033 Android:https://play.google.com/store/apps/details?id=com.thefreeride.rider Riders have consistently rated our services very highly, both in internal and external surveys as well as the app stores. We have a 4.7 rating on the App Store and a 4.2 on Google Play (out of 5 stars), distinguishing us as the highest rated service on the Google Play Store compared to other microtransit and rideshare services. We are committed to excellent customer experience and long term success, and our customer service team replies to all reviews in the app stores. The app is designed specifically for running and managing these types of on-demand, last-mile EV shuttle services and has been built and optimized based on data gathered from over 6M rides along with rider and driver feedback. Our user app is complemented by our driver facing app and management dashboard - a technology suite that we built specifically for our neighborhood electric vehicle operations. Circuit owns the app, all of the data, and can provide robust data reports, often limited by firms using white-labeled solutions. This further allows the team to make customized adjustments as needed by the City. Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 16 of 37 Page 388 of 563 Our dynamic pooling feature has resulted in 30% increases in ridership using the same number of cars and operating hours. This is true when we measure against our own services (turning pooling on and off) and also true when compared to other operators in the Southern California region. Pooling not only increases ride efficiency, it also decreases traffic, emissions and cost-per-rider, where we’ve proven to be more effective than other service operators. Circuit is able to use its technology to track rider data, vehicle management and driver scheduling, while also delivering valuable reports. Using this data, for example, Circuit is able to adjust service hours and/or number of cars on times, days, months and seasons. Our program is flexible, allowing changes within 24 hours, and can be scaled to achieve the maximum level of service. Option #1 Geofenced Service Area The first on-demand option allows riders to request a ride from any two points within the geofenced service area. Riders can enter a specific address, business name, use the “current location” option. Circuit’s geofenced service area model and ride request screen within the Ride Circuit mobile application. *service area shown above is for example purposes only and can be designed to the City’s preference Option #2 Circuit Connects Virtual Stops Alternatively, Circuit’s virtual stop option, called Circuit Connect’s, allows the City of Palm Desert to designate any number of virtual stops throughout the service area. Ride requests must begin and end at any of the predetermined virtual stops. A rider is still able to enter an address, business name or use the “current location” option, after which the app will show the nearest virtual stop with a description of the location for the request or to walk to. Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 17 of 37 Page 389 of 563 Circuit’s virtual stops model in the El Paseo service location Circuit Connects) CONFIDENTIAL Management dashboard showing the ability to add/adjust virtual stops in the El Paseo service location (above) Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 18 of 37 Page 390 of 563 Pricing-CONFIDENTIAL In addition to the pricing added to OpenGov, Circuit summarized pricing options below to include the option of using the existing Courtesy Carts fleet as well as an option to use Circuit’s GEM vehicles. Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 19 of 37 Page 391 of 563 Project Team Resumes Project Team resumes continue on the following pages: Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 20 of 37 Page 392 of 563 DANIEL KRAMER daniel@ridecircuit.com | 562 252 6680 SUMMARY Daniel is the Vice President of Operations & Business Development and works with clients to develop first/last mile transportation programs. His commercial real estate background and sales experience have been key to developing our private developer and municipal sales strategy, which has led to valuable pilot projects. He is an integral part in launching service in US markets, planning for international expansion, assisting in managing operations, and focusing on quality control. Daniel has led key projects with disadvantaged communities and state grants in Circuit’s California market, including programs focused on low income communities of color, senior citizens 55 and older, and beach and parks access. He has experience managing various community stakeholders, state grant requirements and budgets, and optimizing services based on community feedback. PROFESSIONAL EXPERIENCE Circuit Transit Los Angeles, CA Vice President of Operations & Business Development Oct 2017 present Pizza Rock Restaurant Group Long Beach, CA Real Estate Manager Jan 2017 Aug 2018 KZ Companies Irvine, CA Real Estate Associate July 2015 Sept 2016 Marcus & Millichap Long Beach, CA Broker May 2014 July 2015 EDUCATION The University of Arizona Bachelor of Arts Communications Graduated 2014 Harvard Business School Online Certificate Sustainable Business Strategy Completed Nov 2019 ADHI Schools LLC Passed CA Real Estate Salesperson Exam Passed Exam Mar 2014 AFFILIATIONS ●ICSC, International Council of Shopping Centers Member ●NAIOP, Commercial Real Estate Development Association Member ●California Department of Real Estate License # 01943292 ●OSHA 30 Hour Construction Certified SKILLS ●Negotiation, communication, problem solving, critical thinking, time management, adaptability, passionate, detail-oriented ●Experience with the following tools: Excel, Publisher, Project, PowerPoint, Co-Star, SketchUp, arcGIS ●Led projects with title sponsors, including major events for PGA and NFL ●Hiring and team building across diverse operational teams, including setting up local hiring preferences and coordinating with workforce development programs Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 21 of 37 Page 393 of 563 JAMES MIRRAS james@ridecircuit.com | 631 903 4448 SUMMARY James Mirras is Co-Founder and COO/CFO of Circuit. James received his BS in Finance from University of Florida. Prior to Circuit, James worked for Morgan Stanley NYSE MS in New York City as an intern then associate on the repurchase agreement trading desk. After nearly 3 years at Morgan Stanley, James set off to manage Circuit (then, Hamptons Free Ride) Finance and Operations full time. His attention to detail, people skills and strong work ethic helped create a solid foundation that the company has been able to grow. James will leverage these skills and experience, including implementing nationwide operations as well as the Circuit NR pilot program, to ensure a smooth transition and expansion of the pilot program into a sustainable longer-term service. With over 11 years of experience in transportation operations, he has led the development of our operational s and standardization for scalability, including training programs, handbooks, policies, and our COVID 19 respon combined with his financial expertise has allowed Circuit to achieve its current scale and plan for future growt PROFESSIONAL EXPERIENCE Circuit Transit New York, NY COO / Co-Founder 2010 present ●Created vertically integrated platform for all-electric microtransit systems at intersection of technology, people, and operations ●Experienced electric vehicle operator with over 11 years of experience operating and maintaining electric vehicles, including custom fabrication, advertising campaign installation, and charging infrastructure management ●Oversees and directs national, regional, and local operations ●Built, hired, and developed a team of over 300 national, regional, and local operations employees, including a regional and local management structure and driver ambassador program, recently achieving an 89% retention rate ●Launched over 40 new markets across 9 states, with successful long term markets of 10 years of continuous operation ●Developed fleet management, insurance programs, and fleet procurement strategies across operating markets ●Developed Standard Operating Procedures, Emergency Action Plan, Driver Manuals, and other key training and procedural documents in coordination with legal and compliance experts ●Developed impact metrics and monthly reporting documentation for City and other partners Morgan Stanley New York, NY Associate 2009 2012 ●On the line team for financing firm’s daily operating activities ●Performed front end and back end activities of prime brokerage business with client facing order processing to execute and settle trades ●Experience with high-level client management and meeting client expectations for a heavily regulated industry EDUCATION University of Florida Gainesville, FL B.S. Finance 2005 2009 PROFESSIONAL MEMBERSHIPS, AFFILIATIONS, CERTIFICATIONS ●National Rural Transit Assistance Program RTAP ADA Training Completion ●Association for Commuter Transportation, member ●Amazon Web Services Accelerator ●Los Angeles Cleantech Incubator, Market Access Program, Los Angeles CA ●Urban-X Accelerator, New York NY ●CivStart Accelerator, Washington DC ●Joules Accelerator, Duke Energy, Durham NC ●Leading Cities Accelicity Accelerator, Boston MA Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 22 of 37 Page 394 of 563 TUCKER COSTELLO tucker@ridecircuit.com | 631 255 3075 SUMMARY Tucker Costello handles internal business and technical development. Over a decade of hands-on hardware and software implementation in personal, academic, and business settings has given him a deep understanding of how technology can enhance our work. When he is not facilitating with the development team or testing the latest app updates, Tucker is using his understanding of systems architecture and team communication to keep us connected and focused. He has led our technology suite build, including our Ride Circuit app for iOS & Android, Driver App for iOS, Admin Panel (web-based dashboard), Backend services, Data collection and reporting, In-car iPad app Photo Booth/Advertiser content), and Circuit website. PROFESSIONAL EXPERIENCE Circuit Transit New York, NY Managing Director, Internal Development 2016 present ●Project management for software development, including project scoping, prioritization, quality assurance and testing, and ongoing improvements and maintenance ●Backend management of Circuit databases, technical services, technical maintenance program, and data privacy ●Maintain architecture, software systems, and technology subscriptions and develop proactive plans for technology resilience ●Manage inventory and security protocols for physical technology and infrastructure, including laptops, mobile devices, and other technology systems ●Overseeing customer service processes and feedback loops through the app, website, email, and phone ●Manage internal technical administration processes, including software and tools for team communication, scheduling, data and information storage, data querying, and permissions Ross School East Hampton, NY Assistant Director, Community Programs 2008 2016 EDUCATION Skidmore College Bachelor of Arts Media & Communications Saratoga Springs, NY 2008 2012 PROFESSIONAL MEMBERSHIPS & AFFILIATIONS Amazon Web Services Smart Cities Accelerator Mobility Cohort Urban-X Accelerator, New York NY TECHNICAL EXPERIENCE ●Technical project management ●JQuery, JavaScript ●iOS and Android mobile app product development and launch ●Web application, custom dashboard and reporting development ●Quality Assurance testing ●User Experience / User Interface Design, Technical Customer Support ●Research in API planning and implementation ●Familiarity with Web Content Accessibility Guidelines WCAG 2.1 compliance requirements ●Familiarity and experience with data privacy standards and management ●Experience with the following technical services and project management tools: Mixpanel, Monday.com, Tableau, Firebase, TestFlight, Squarespace, Twilio, SendGrid, MongoDB, AWS, BugSnag, DataDog, Google API, GitHub, GraphHopper, Google My Maps Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 23 of 37 Page 395 of 563 ANITA CHEN anita@ridecircuit.com | 917 922 7070 SUMMARY Anita is a seasoned In-House Counsel whose main goal is to protect the interests of the company and its employees. Proven ability to navigate complex legal issues, provide timely and practical advice, and manage outside counsel. A strong combination of legal, business and people acumen. PROFESSIONAL EXPERIENCE Circuit Transit Los Angeles, CA In-House Counsel February 2018 Present Legal Services Of New York Manhattan, New York Board of Directors January 2008 May 2012 Law Office of Anita L. Chen New York, New York Attorney at Law March 2002 January 2005, February 2007 December 2011 Legal Services Of New York New York, New York Staff Attorney January 2005 February 2007 Civil Court of the City Of New York Brooklyn, New York Staff Attorney April 2004 January 20057 Lebouef, Lamb, Greene & Macrae, L.L.P.Brooklyn, New York Litigation Associate September 1997 April 2001 South Brooklyn Legal Services Brooklyn, New York Of Counsel, Housing Unit May September 1999 EDUCATION Touro College Jacob D. Fuchsberg Law Center Uchsberg Law Center Juris Doctor May 1997 New York University Bachelor of Science in Finance and Marketing May 1992 ADMISSIONS New York State, S.D.N.Y. and E.D.N.Y. SKILLS ●Industry Knowledge: Transportation Law, Corporate Law, Employment Law ●Technical Skills: Microsoft Word, Google Suite. Legal Research, Legal Writing ●Soft Skills: Communication, Research, Legal Writing, Legal Research, Legal Analysis, Notary Public ●Language: Cantonese Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 24 of 37 Page 396 of 563 Case Studies Case Studies for Circuit programs continue on the following pages: Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 25 of 37 Page 397 of 563 Case Study San Diego, CA Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 26 of 37 Page 398 of 563 Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 27 of 37 Page 399 of 563 Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 28 of 37 Page 400 of 563 Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 29 of 37 Page 401 of 563 Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 30 of 37 Page 402 of 563 Case Study New Rochelle, NY Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 31 of 37 Page 403 of 563 Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 32 of 37 Page 404 of 563 Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 33 of 37 Page 405 of 563 Case Study Hollywood, FL Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 34 of 37 Page 406 of 563 Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 35 of 37 Page 407 of 563 Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 36 of 37 Page 408 of 563 Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 37 of 37 Page 409 of 563 El Paseo Courtesy Carts July 14, 2022 PALM DESERT CITY COUNCIL MEETING Current Program The City owns three (3) Courtesy Cart -Two (2) carts seat 4-6 people -One (1) cart is ADA accessible and seats 3 The ADA cart is used as a back-up or on request. Two (2) carts run daily October –May, 11 a.m. –6 p.m. The City contracts with an operator to run the carts, pays for taxi insurance, and maintenance. Operator pays all other costs. Currently there is an app connected to the SunLine Transit Agency MyStop app that tracks the location of the carts. RFP for FY2022/2023 Cart Operations Staff evaluated both respondents’ applications, conducted interviews and recommends contracting with Circuit for 3 vendor owned carts. There were 2 respondents to the RFP, both bid on both options. The City released an RFP with two options Operations of City owned carts with either 2 or 3 carts with or without an updated app. Operations of vendor owned carts with either 2 or 3 carts with or without an app. FY 2022/2023 El Paseo Courtesy Cart Budget $165,000 City Owned Carts –Circuit Operated Regular Cost/Hour Overtime Cost/Hour Vendor Expense Maint.Total 2 Carts App Total Cost Budget Differential $34.91 $45.98 $118 ,916 $6,500 $125,416 $0 $125,416 $39,584 Regular Cost/Hour Overtime Cost/Hour Vendor Expense Maint.Total 3 Carts App Total Cost Budget Differential $34.91 $45.98 $178,373 $6,500 $184,873 $0 $184,873 -$19,873 Circuit Carts Vendor Owned Courtesy Carts -Circuit Regular Cost/Hour Overtime Cost/Hour Vendor Expense App/ Maint. Total 2 Carts Budget Differential Without ADA Accessible Cart $39.16 $50.23 $133,145 $0 $133,145 $25,855 With ADA Accessible Cart $41.76 $52.83 $137,497 $0 $137,497 $21,503 Regular Cost/Hour Overtime Cost/Hour Vendor Expense App/ Maint. Total 3 Carts Budget Differential Without ADA Accessible Cart $39.16 $50.23 $199,717 $0 $199,717 -$34,717 With ADA Accessible Cart $41.76 $52.83 $204,069 $0 $204,069 -$39,069 Vendor Owned El Paseo Courtesy Carts -Branding Staff is also requesting $6,000 for branding of the carts. Staff will work with the Public Affairs division on the branding. Questions CITY OF PALM DESERT CITY MANAGER’S OFFICE INTEROFFICE MEMORANDUM To: Honorable Mayor and Councilmembers From: Heather Horning, Assistant to the City Manager Date: July 14, 2022 Subject: City Council Agenda (July 14, 2022) Below you will find questions received from the Mayor and/or Councilmembers and answers provided by City staff regarding tonight’s Council meeting agenda. CONSENT CALENDAR – ITEM O: APPROVE THE CITY OF PALM DESERT NEW YEAR’S EVE CELEBRATION ON EL PASEO •Question: Is the New Year’s Event really happening a day early on December 30th? Can you provide more information about the count down with a "diamond drop"? o Answer: This event is scheduled for Friday, December 30th from 12pm to 8pm, and it will not include a “diamond drop” countdown as originally planned. The event organizers agreed that these did not make sense due to the date and time of the event proposed. In future, the organizers plan to implement changes to time and date for future New Year’s Eve events. The organizer is also open to implementing date and times changes in future years, as they build upon this year’s layout and concept. CONSENT CALENDAR – ITEM U: CONSIDERATION OF APPOINTMENT OF APPLICANTS TO FINANCE COMMITTEE AND ARCHITECTURAL REVIEW COMMISSION •Question: Will there be a revised report for this item to reflect the appointments being made to the vacant Commission positions? o Answer: A corrected version of the Vacancies and Appointments Chart is included in the supplemental material provided to City Council prior to the meeting. ACTION CALENDAR – ITEM C: CONSIDERATION OF DESERT WILLOW RESIDENT PROGRAM CHANGES •Question: When was the Desert Willow Resident Golf Rate increased to $52? o Answer: The City Council approved the increase to the Desert Willow Resident Golf Rate on June 28, 2018. The Staff Report and Resolution are attached for reference. Supplemental - Page 1 Page 7 Page 5 Question & Answer Memo Page 2 of 3 ACTION CALENDAR – ITEM J: ADOPT A RESOLUTION DECLARING THE CITY OF PALM DESERT OWNED PROPERTY LOCATED AT 45656 MOUNTAIN VIEW SURPLUS LAND AND AUTHORIZING STAFF TO RELEASE A NOTICE OF AVAILABILITY FOR THE SALE OF THE PROPERTY •Question: Once the City has complied with the Surplus Land Act and proceeds to sell the property, may offers be ranked based on the quality of the proposed purchaser's plan for preserving the historic value of the property? o Answer: The short answer is yes. The Surplus Land Act dictates that the City must negotiate for 90 days with all viable respondents to the Notice of Availability (NOA) for the property with priority given to the project with the highest level of affordability. The NOA will include all information on the property including zoning and the historic designation. Respondents to the NOA will have to adhere to and take into consideration the requirements of the historic designation if they are proposing to renovate the property. The City would review plans for this property as they would any other historically designated property. After this time period has ended, the City is able to consider the quality of the proposed purchaser’s plan for preserving the historic value of the property when reviewing offers. ACTION CALENDAR – ITEM K: APPROVE A CONTRACT WITH CIRCUIT TRANSIT, INC., IN AN AMOUNT NOT TO EXCEED $200,000 FOR THE OPERATION OF UP TO THREE (3) VENDOR- OWNED EL PASEO COURTESY CARTS AND APPROPRIATE $41,000 FROM UNASSIGNED GENERAL FUND RESERVES •Question: How do the proposed carts from Circuit compare to our current city-owned carts when it comes to access to individuals with mobility limitations? Do we achieve any improvement? o Answer: The City currently has one ADA accessible cart that is available upon request and used during special events when all three carts are being used. The proposal costs from Circuit include three carts, each with six seats, and does not include an ADA accessible cart. Circuit is able to provide the City with an ADA compliant cart with five seats at an additional hourly cost $2.60 per cart. The increase to the total proposed contract amount would be $4,000 to upgrade one cart to an ADA accessible cart. Therefore, the overall budget would increase from approximately $200,000 to $204,000 based on operations of three total carts, with one of them being ADA accessible. •Question: Has staff reached any conclusions about best way to re-deploy our current carts? Do we have another possible use for them? Any chance the Living Desert might want them after their parking lot is expanded? o Answer: Staff does not currently have a plan for redeployment or reuse of the existing Courtesy Carts, but will explore options including their potential sale. Staff plans to bring options forward to the City Council for approval. Supplemental - Page 2 Question & Answer Memo Page 3 of 3 PUBLIC HEARING – ITEM B: APPROVE OUTSIDE AGENCY FUNDING COMMITTEE RECOMMENDATIONS FOR FY 2022/2023 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND USE OF FUNDING, AND ANNUAL ACTION PLAN FOR FY 2022-2023 •Question: Can you provide the comments/reasoning for the CDBG recipients receiving partial or no funding? o Answer: A memo with the comments/reasoning for each of the CDBG recipients receiving partial or no funding is attached. ATTACHMENTS: 1.Item 2C - Resolution 2018-47 Increase DW Resident Golf Rate 2.Item 3B - Memo CDBG Recipients Receiving Partial or No Funding Supplemental - Page 3 Page 21 [This page has intentionally been left blank.] Page 410 of 563 Page 1 of 4 PALM DESERT HOUSING AUTHORITY STAFF REPORT MEETING DATE: July 14, 2022 PREPARED BY: Jessica Gonzales, Senior Management Analyst REQUEST: ADOPTION OF A RESOLUTION OF THE BOARD OF THE PALM DESERT HOUSING AUTHORITY (“AUTHORITY”) (i) AUTHORIZING THE EXECUTION AND DELIVERY OF A CONDITIONAL AGREEMENT BETWEEN THE AUTHORITY AND URBAN HOUSING COMMUNITIES, INC., CONDITIONALLY APPROVING A LOAN IN THE AMOUNT OF $7,235,000 FROM THE AUTHORITY’S HOUSING ASSET FUND TO FUND THE CONSTRUCTION OF 176 AFFORDABLE HOUSING UNITS; (ii) APPROPRIATING FUNDS; AND (iii) TAKING RELATED ACTIONS. RECOMMENDATION: Waive further reading and adopt an Authority Resolution: 1. Authorizing the execution and delivery of the Conditional Agreement Regarding the Crossings at Palm Desert between the Authority and Urban Housing Communities, Inc. (“UHC”) in substantially the form attached to the Resolution (“Agreement”), conditionally approving a loan (“Loan”) in the amount of $7,235,000 from the Authority’s Housing Asset Fund for construction of 176 affordable housing units (“Project”). 2. Authorizing the Director of Finance to appropriate $7,235,000 from Unobligated Housing Asset Fund Balance to the appropriate budget line item. 3. Authorizing Authority staff and legal counsel to negotiate and prepare such agreements and documents as described in the Agreement, or which are otherwise required, to effectuate the Resolution and the Authority’s funding commitment for the Project as set forth in the Agreement. 4. Authorizing UHC to submit, an application, including the Agreement, to the California Debt Allocation Committee (“CDLAC”) for an allocation of four percent (4%) tax- exempt bonds (“Tax-Exempt Bonds”), Tax Credit Allocation Committee (“TCAC”) for an allocation of Federal tax credits (“Federal Tax Credits”) and TCAC for an allocation of State tax credits (“State Tax Credits”), and Riverside County Housing Authority for an allocation of project-based vouchers (“Project Based Vouchers”). BACKGROUND/ANALYSIS: Approval of staff’s request would conditionally approve the Loan from the Authority to UHC for the Project, authorize UHC to submit an application to CDLAC, for an allocation of four percent (4%) Tax-Exempt Bonds, TCAC for Federal Tax Credits and State Tax Credits, and an application to the Riverside County Housing Authority for Project Based Vouchers, and any other funding source, and authorize the Authority’s staff and legal counsel to proceed to negotiate and prepare the agreements and documentation necessary for the financing and construction of the Project. Page 411 of 563 City of Palm Desert Housing Authority – UHC, Inc., Conditional Agreement Page 2 of 4 If the Tax-Exempt Bonds, Federal Tax Credits, State Tax Credits and Project Based Vouchers are awarded to UHC, then staff and legal counsel would negotiate and prepare, among other things (i) a loan agreement, (ii) a promissory note, (iii) a deed of trust and (iv) a regulatory agreement, each by and between, or for the benefit of the Authority or UHC (collectively, “Loan Documents”). The Documents will generally require the following: Project. The Project will be operated for a period of fifty-seven (57) years following the date of completion of construction and obtaining a certificate of occupancy for the Project to provide rental housing affordable to persons and families of low, very-low, and extremely low income in accordance with the affordability restrictions contained in the Loan Documents and in accordance with the four percent (4%) Tax-Exempt Bonds, Federal Tax Credits, State Tax Credits and Project Based Vouchers being used to finance the Project. To the extent necessary, the Authority will subordinate the deed of trust securing the Loan (as described below) to the liens and encumbrances of the Project’s construction and permanent lenders. However, the Authority will not subordinate its interests in the regulatory agreement to such liens or encumbrances. Authority Loan Terms. The Loan shall be in the principal amount of $7,235,000, have a term of fifty-seven (57) years commencing as of the effective date of the Loan Agreement, bear interest compounded monthly at three percent (3%) per annum during the development period and simple interest at three percent (3%) per annum during the operation of the Project, and will be repaid from fifty percent (50%) of the Project’s residual receipts remaining after payment of fees and expenses. Regulatory Agreement: The regulatory agreement will restrict 100% of the units in the Project for rental at affordable rents to individuals and families with incomes that do not exceed the following percentages of the area median income for Riverside County adjusted for family size (AMI): 30% of the AMI or less (approximately 53% of the units), 59% of the AMI or less (approximately 27% of the units), and 80% of the AMI or less (approximately 20% of the units). One three-bedroom unit will be set-aside for the onsite manager. The Project is being proposed as a 100% affordable, 176-unit, multi-family apartment community located on the south side of Dick Kelly Drive between Gateway and Cortesia Way. The subject property is owned by UHC. UHC has submitted a funding request to assist in the construction of the Project. Total development costs are estimated at $102,419,000. The Project is intended to be funded and developed by leveraging multiple funding sources including Federal Tax Credits, State Tax Credits, four percent (4%) Tax-Exempt Bond proceeds, Riverside County Housing Vouchers, deferred developer fees and the Loan. In order to evaluate UHC’s funding request, the Authority engaged the services of Keyser Marston Associates Consulting, Inc. (KMA), a national provider of affordable housing consulting services, to provide technical assistance related to determining whether or not the Project's pro forma projections, feasibility and the request for the Loan were reasonable. Page 412 of 563 City of Palm Desert Housing Authority – UHC, Inc., Conditional Agreement Page 3 of 4 In evaluating UHC’s request for the Loan to facilitate the development of the Project, KMA conducted a detailed review of the developer's financial pro forma and the appraisal of the subject property. The Project's assumptions, methodologies, and calculations were reviewed and evaluated for reasonableness and accuracy. In addition, secondary sources of information were consulted to confirm or validate the pro forma and additional information was requested of UHC to clarify or support specific items in the pro forma. KMA presented its analysis in a project review memorandum, which is attached to this staff report. The most recent affordable housing project approved by the Authority in August 2021 is Vitalia, Palm Desert (“Vitalia”) that is to include 269 units and requested a total of $6,030,000, or $22,400 per unit in assistance. In comparison, UHC is requesting $7,235,000, or $41,100 per unit. This increase in assistance is due to a number of factors: 1. The UHC project costs are estimated to be approximately 100% higher than the Vitalia, cost estimate due to higher land value, inclusionary of federal prevailing wages, general cost increases due to supply line issues, UHC unit sizes being over 20% higher than the Vitalia unit sizes, an additional $2,000,000 for offsite infrastructure costs and higher construction loan interest rate at 4.5% compared to Vitalia’s estimate of 4.0% last year. 2. On the revenue side, the UHC project has deeper affordability of 47% of AMI compared to Vitalia’s 67% of AMI average. Also, UHC is estimating the permanent loan interest rate at 5.75% versus Vitalia’s estimate of 4.5%. Both of these factors significantly lessen the amount of revenue that can be raised through debt. 3. Vitalia anticipating the impact of rising costs and interest rate, in the second application submittal to CDLAC, Vitalia increased the amount request to offset the escalating construction costs instead of requesting additional support from the Authority. An estimated $4,000,00 in Tax-Exempt Bonds, $2,600,000 State Tax Credits and $400,000 Federal Tax Credits were augmented to the second application request. The added CDLAC funding allocation balances out the Vitalia per unit cost to UHC’s per unit cost of $41,100. The Authority’s Low and Moderate Income Housing Asset Fund (interchangeably referenced as “Housing Asset Fund” or LMIHAF”) current balance is approximately $43,150,000. With the approved commitment to the Vitalia project ($6,030,000), the reserved funds for the Authority owned vacant land and rental properties (estimated $23,129,000) and UHC’s commitment, if approved, the balance remaining to assist any new future developments is approximately $6,800,000. Please see the attached summary of Housing Asset Fund Plan for the intended projects. The Housing Asset Fund and KMA’s analysis of the project and use of the funds (provided in the income targeting requirements, Table 4) provides that there are sufficient monies available to approve the requested commitment, the Authority will remain in compliance with the State requirements on the use of the monies, the requested amount is reasonable and consistent to a recent project and the UHC project meets the affordability requirements. By making the Loan to UHC, the Authority will benefit from a 57-year affordable restricted community available to lower income households. Therefore, staff requests approval of the Page 413 of 563 City of Palm Desert Housing Authority – UHC, Inc., Conditional Agreement Page 4 of 4 actions described herein in order to allow UHC to meet the August 9, 2022, deadline to submit a tax credit application. If the Board approves such request and Pacific West is awarded the Tax Credits and State Tax Credits, staff will bring back the finalized versions of the Documents for review and approval by the Authority Board at a future Authority Board meeting. Strategic Plan: One of the priorities of the City of Palm Desert’s (“City”) Envision Palm Desert Strategic Plan, as part of Land, Use, Housing and Open Space, is to facilitate development of high-quality housing for people of all income levels. This request meets that objective by diversifying the City’s housing stock for lower income households. FINANCIAL IMPACT: An appropriation from the Authority’s Housing Asset Fund will be necessary to fund the requested Loan in an amount not to exceed $7,235,000, or $41,100 per unit. Funds are available from the Housing Asset Fund unobligated fund balance. This transaction will not impact the City's General Fund. The above-identified funding will only be provided upon the Authority and UHC entering the Loan Documents and UHC’s satisfaction of the terms and conditions contained therein, including, but not limited to, providing proof, satisfactory to the Authority, that the developer has financing commitments from all other sources of financing necessary to fund the entire Project and the Project is permit ready. REVIEWED BY: Department Director: Martin Alvarez Special Counsel to the housing Authority: Jim Grayson, Richards, Watson & Gershon Finance Director: Veronica Chavez Assistant City Manager: Andy Firestine Executive Director: L. Todd Hileman ATTACHMENTS: 1. KMA Memorandum (Financial Review of UHC Project, dated July 1,2022). 2. Authority Draft Resolution for UHC. 3. Authority Draft Conditional Agreement for UHC. 4. UHC Project Site Plan/Map and Project Renderings. 5. Summary of Housing Asset Fund Plan Page 414 of 563 500 SOUTH GRAND AVENUE, SUITE 1480 LOS ANGELES, CALIFORNIA 90071 PHONE 213.622.8095 2207001.PD:JLR WWW.KEYSERMARSTON.COM 17166.010.001 ADVISORS IN: Real Estate Affordable Housing Economic Development BERKELEY A. Jerry Keyser Debbie M. Kern David Doezema LOS ANGELES Kathleen H. Head James A. Rabe Gregory D. Soo-Hoo Kevin E. Engstrom Julie L. Romey Tim R. Bretz SAN DIEGO Paul C. Marra MEMORANDUM To: Jessica Gonzales, Senior Management Analyst City of Palm Desert From: Julie Romey Date: July 1, 2022 Subject: UHC Apartments – Financial Gap Analysis At the request of the Housing Authority (Authority) of the City of Palm Desert (City), Keyser Marston Associates, Inc. (KMA) reviewed and prepared a financial gap analysis of the Urban Housing Communities, LLC (Developer) proposal to develop a 176 unit affordable apartment project (Project) on the 11.83 net acre site located on the south side of Dick Kelly Drive between Gateway Drive and Cortesia Way (Site). The Developer owns the Site that was purchased the May 2008 to develop a 100% affordable housing project. EXECUTIVE SUMMARY In early 2022, the Authority received the Developer’s proposal detailing a financial assistance request to assist with the construction of the Project. After negotiations with the Developer, the financial request is $7,235,000, or $41,100 per unit, from the Authority’s Low and Moderate Income Housing Asset Fund (LMIHAF) in exchange for 93 units to be restricted to extremely-low income (ELI) households and 82 units to be restricted to low income (Low) households. One unit will be unrestricted and set aside for the onsite manager. The following are the anticipated non-Authority funding sources: Page 415 of 563 Jessica Gonzales, City of Palm Desert July 1, 2022 UHC Apartments – Financial Gap Analysis Page 2 2207001.PD:JLR 17166.010.001 KMA performed a financial gap analysis and concluded the following: 1. KMA concluded that the development costs estimated at $102,419,000, or $581,900 per unit, by the Developer are reasonable given the Project scope of work and current market conditions. Assuming the above mentioned funding sources are provided to the Project, KMA concludes that the Project has a $7,235,000 financial gap, which is also the Developer’s request for financial assistance from the Authority and equates to $41,100 per unit. 2. The financial assistance is proposed to be provided as a $7,235,000 residual receipts loan that will be subordinated to the construction and permanent lenders and will have a 57-year term. A 3.00% compounded interest rate will be applied during the two year development period and a 3.00% simple interest rate will be applied during operations. The annual payments will be made from 50% of the residual receipts and the loan will be due and payable at the end of the loan term. 3. The proposed financial assistance request meets the LMIHAF income targeting requirements and the Authority, which acts as the Housing Successor, will remain in compliance with State law. 4. The affordability restrictions that will be placed on the Project by the Authority in exchange for the financial assistance are in accordance with California Health and Safety Code (H&SC) Section 50053: a. Five (5) one-bedroom, 37 two-bedroom and 51 three-bedroom units will be restricted to ELI households at ELI rents; Funding Source Allocation Entity Status Tax-Exempt Bonds (TEB)California Debt Allocation Committee (CDLAC) Applying in August 2022 Round Federal Low Income Housing Tax Credits (Federal Tax Credits) Tax Credit Allocation Committee (TCAC) Automatically awarded with TEBs State Tax Credits TCAC Awarded with TEBs Project Based Vouchers County of Riverside Housing Authority (County) 44 PBVs have already been awarded to the Project. Applying in next competitive RFP (Fall 2022) for remaining 44 PBVs Page 416 of 563 Jessica Gonzales, City of Palm Desert July 1, 2022 UHC Apartments – Financial Gap Analysis Page 3 2207001.PD:JLR 17166.010.001 b. Twenty-four (24) one-bedroom and 23 two-bedroom units will be restricted Low households at Low rents set at 59% of the Riverside County area median income (AMI); and c. Fifteen (15) one-bedroom and 20 two-bedroom units will be restricted to Low households at Low rents set at 80% of the AMI. d. The affordability restrictions will remain in place for 55 years from Certificate of Occupancy (COO). e. The regulatory agreement will not be subordinated to the construction and permanent lenders. 5. KMA has identified the following outstanding issues with the proposal: a. City staff needs to verify the $2,628,000 estimate by the Developer for the CFD Bonds payoff amount. b. The proposed land value of $5,447,000, while a 50% write down from the original acquisition price in 2008, needs to be verified by an appraisal, which has not yet been completed and provided by the Developer. c. KMA is concerned that given the number of PBVs that will be included in the Project, that ultimately the permanent loan lender will require a transition reserve, which would be over $1,000,000. The Developer has stated that their intended lender, Citibank, will not require such a reserve. d. If the County does not award the project with the additional 44 PBVs that will be requested in Fall 2022, the Project will need to identify an additional $8,000,000 in funding sources. BACKGROUND STATEMENT The Site was purchased by the Developer in May 2008 with the intention of developing a 100% affordable housing project. After the initial proposal to the City was not approved, the Developer has been trying to create a project that provided affordable housing and was financeable given economic conditions. In that timeframe, the City’s Page 417 of 563 Jessica Gonzales, City of Palm Desert July 1, 2022 UHC Apartments – Financial Gap Analysis Page 4 2207001.PD:JLR 17166.010.001 former redevelopment agency (RDA) was dissolved, and the Site has not been competitive for State and Federal funding sources. Therefore, this is the Developer’s second proposal for the Site in the 14 years of property ownership. The City has listed this property in the current Housing Element as a vacant site that could potentially provide 249 residential units. The Housing Element also notes that the Site has been assigned the Housing Overlay District to increase capacity and allow higher densities on the property. In 2007, the City issued Section 29 Assessment District (No. 2004-02) Limited Obligation Improvement Bonds, Series 2007 (CFD Bonds) were used to provide offsite infrastructure improvements to the University Park area. The portion of the CFD Bonds on the Site is approximately $2,950,000, or 10% of the overall CFD Bonds amount. After refinancing the CFD Bonds in June 2021, the annual payment for the Site is approximately $141,000 per year. Reportedly, the payoff is 103% of the Site’s CFD Bonds obligation less reserve fund credit. The Developer is estimating this amount at approximately $2,628,000. The RDA transferred the affordable housing assets and responsibilities to the Authority. The funds that were transferred to and earned by the Authority was deposited into the LMIHAF. The State of California (State) has applied various restrictions on the use of the LMIHAF money that is required to be considered when structuring the proposed transaction. The KMA financial analysis is supported by a pro forma analysis, which is organized as follows at the end of this memorandum: Table 1 Estimated Development Costs Table 2 Stabilized Net Operating Income Table 3 Financial Gap Analysis Table 4 LMIHAF Income Targeting Analysis Table 5 Cash Flow Analysis PROJECT DESCRIPTION The proposed scope of development can be described as follows: Page 418 of 563 Jessica Gonzales, City of Palm Desert July 1, 2022 UHC Apartments – Financial Gap Analysis Page 5 2207001.PD:JLR 17166.010.001 1. The four parcel Site is comprised of 515,315 square feet of net land area. The present zoning for the Site is Planned Residential (P.R.) with a designated zoning allowance for 22 units per acre, or 261 units. The Site is within the Medium Density / High Density Overlay in the University Park Area of the General Plan 2000 Resolution 04-20. The Developer is in the process of receiving approval for entitlements for the 176 unit development, which equates to a density of 15 units per acre. 2. The Site is vacant and after a Phase I Report, no environmental remediation is expected to be required. 3. The Project will include 176 rental housing units in five two-story walk-up buildings and four three-story walk-up buildings. The Project will have the following unit mix: 4. The gross building area (GBA) for the 10 Type V buildings, including a separate one-story community building, equates to an 0.36 FAR, and includes the following: 5. A total of 352 surface parking spaces will be provided, which equates to a parking ratio of two spaces per unit. Fifty percent (50%) of the spaces will be in carports and the remaining spaces will be open. 6. The Project amenities will be located predominantly in a centralized area and include: Number of Units Unit Size (Sf) One-Bedroom Units 44 583 Two-Bedroom Units 80 944 Three-Bedroom Units 52 1,082 Total Units /Average Unit Size 176 895 Residential Living Area 157,436 Leasing/Services Area 4,414 Commercial Space 0 Common Area / Circulation 22,651 Total Gross Building Area 184,501 Gross Building Area (Sf) Page 419 of 563 Jessica Gonzales, City of Palm Desert July 1, 2022 UHC Apartments – Financial Gap Analysis Page 6 2207001.PD:JLR 17166.010.001 7. The targeted population will be extremely-low, very-low and low income families. One three-bedroom unit will be set-aside for the on-site manager. a. The proposed affordability restrictions for LMIHAF income targeting purposes are as follows: b. The proposed affordability restrictions that the City can receive Regional Housing Needs Assessment (RHNA) credit for are as follows: 8. The Project will be managed by a professional third-party firm, most likely Hyder Property Management. 9. Onsite services are proposed to be provided by New Day Home Care, a third- party service provider. 10. The following summarizes the projected timeline for the Project. Development from entitlements approval to Permanent Loan Conversion is anticipated to take approximately 18 months. Leasing Office Community Room Fitness Center BBQ Area Tot Lot Swimming Pool Laundry Facilities Community Garden Project Amenities <=30% AMI 93 >30% & <60% AMI 47 60% to 80% AMI 35 Total City Restricted Units 175 LMIHAF Income Tareting Units Extremely-Low Income Units 93 Very-Low Income Units 10 Low Income Units 72 Moderate Income Units 0 Unrestricted Units 1 Total RHNA Credit 176 RHNA Credit Page 420 of 563 Jessica Gonzales, City of Palm Desert July 1, 2022 UHC Apartments – Financial Gap Analysis Page 7 2207001.PD:JLR 17166.010.001 FINANCIAL ANALYSIS KMA reviewed the Developer’s pro forma submitted on June 28, 2022, to assist in evaluating the proposed Project. Estimated Development Costs (Table 1) KMA reviewed the Developer’s development cost estimates and found the estimate to be reasonable and are described as follows: LAND ACQUISITION COSTS The Site was purchased by the Developer in May 2008 with the intention to develop a 100% affordable housing project. The Developer submitted a proposal to the City after the property was purchased, which was not approved. Since that time, the Developer has been working on a proposal that would be feasible given the construction, funding, and financial conditions of the past 14 years. The original purchase price was $10,633,334, or $21 per square foot of net land area. The acquisition price was 3% higher than the $10,310,000 appraised value dated July 12, 2007, as estimated by Tucker Appraisal Service Corporation. The Developer proposes to write the land down to $5,447,000, or by 51%, which equates to $11 per square foot net land area.1 The Developer will also provide a $2,747,000 land carry-back loan to the Project. Therefore, the net capitalized land cost to the Project will be $2,700,000, or $5 per square foot of net land area. KMA also estimated the present value of the $2,747,000 residual receipts note, with a 6% discount rate, to be approximately $1,658,000, which means the total 1 KMA reviewed recent land sale comparables for the property and the Developer’s written down land value appears to be reasonable. However, this estimate should be verified by an updated appraisal. April 2022 July 2022 July 2022 August / November 2022 Fall 2022 March 2023 May 2023 November 2024 May 2025 Awarded 44 Project Based Vouchers by County Planning Commission Approval of Entitlements City Council Hearing to Approve Soft Debt / Agreements Joint TCAC/CDLAC Application Submittal / Awards County RFP for 44 Additional PBV Application Submittal / Awards General Contractor Bid Release Financial Close and Construction Start Substantial Construction Completion / COO Obtained Conversion to Permanent Financing Page 421 of 563 Jessica Gonzales, City of Palm Desert July 1, 2022 UHC Apartments – Financial Gap Analysis Page 8 2207001.PD:JLR 17166.010.001 land payment to the Developer is estimated to be $4,358,000, or approximately $8.50 per square foot of net land area. In 2007, the City issued an CFD Infrastructure Bonds to finance the provision of infrastructure for the University Park area. The Developer has been paying $141,000 in annual assessments since the City refinanced the CFD Bonds in June 2021. As part of the proposal, the Developer will pay off the Site’s share of the CFD Bonds estimated at $2,628,000, which needs to be verified by City staff. When $81,000 in closing costs are included, the total estimated acquisition costs are $8,156,000, or $46,300 per unit and $16 per square foot of net land area. DIRECT COSTS The direct cost estimate assumes that the Project will be subject to Federal Davis Bacon prevailing wage requirements due to the proposed 88 project based vouchers (PBV) that will subsidize the Project. In addition, the construction costs include the solar requirements per the recent change in State building codes, high quality amenities, and larger unit sizes than required by TCAC. It should be noted that the units are on average 25% larger than the minimum required by TCAC, and the three-bedroom units include two bathrooms, which is also not required.2 1. The offsite improvements have already been implemented by the City and funded by the CFD Bonds. 2. The onsite improvements, including the parking lot carports, onsite drainage improvements as well as onsite amenities such as a swimming pool, tot lot and landscaping, are estimated at $10,403,000, or $20 per square foot of net land area. 3. The solar costs are estimated at $1,625,000, or $9,200 per unit. 4. The building shell costs are estimated at $241 per square foot of GBA or $252,100 per unit. The community building costs are included in this estimate. 2 The units are higher than the TCAC minimum by unit type as follows: 30% for one-bedroom units, 26% for two-bedroom units and 20% for three-bedroom units. Page 422 of 563 Jessica Gonzales, City of Palm Desert July 1, 2022 UHC Apartments – Financial Gap Analysis Page 9 2207001.PD:JLR 17166.010.001 5. Furnishing, fixtures, and equipment (FF&E) for the Project are estimated at $176,000. It should be noted that the extremely-low income units will not be furnished. 6. The Developer estimated the contractor fees and general requirements allowance at approximately 14% of the construction costs, which is the maximum allowed by TCAC. Since a general contractor has not yet been identified, it is recommended that the City require the Developer to obtain at least three quotes from third party general contractors to ensure the chosen general contractor has competitive pricing. 7. The construction insurance is estimated at 2% of the construction costs. 8. The direct cost contingency allowance is estimated at 6% of other direct costs. This estimate is over the typical 5% allowance for new construction. However, given the estimated time until the general contractor agreement can be entered into and the current high increase in material prices, KMA has determined that this assumption is appropriate. The total direct costs are estimated at $69,084,000, which equates to $392,500 per unit and $374 per square foot of GBA. This estimate is in-line with other recent proposed TCAC projects and KMA has concluded that the Developer’s estimates are reasonable. INDIRECT COSTS The following summarizes the Developer’s indirect cost assumptions: 1. Architecture, engineering, and consulting costs are estimated at 4% of direct costs, which total $3,089,000. This estimate is typical for a project of this size. It should be noted that these costs include approximately $680,000 in predevelopment costs. 2. The Developer estimated the permits and fees at $18,600 per unit, or $3,268,000. City staff should verify this estimate. 3. The taxes, insurance, legal and accounting costs are estimated at 3% of direct costs, which equates to $1,914,000. This estimate is considered appropriate for a project of this size. Page 423 of 563 Jessica Gonzales, City of Palm Desert July 1, 2022 UHC Apartments – Financial Gap Analysis Page 10 2207001.PD:JLR 17166.010.001 4. The Developer estimated an allowance of $123,000 for marketing and leasing costs. 5. The Developer Fee is estimated at $9,992,000, which is the maximum fee allowed by TCAC for a new construction, TEB project. a. The Developer Fee is based on approximately 15% of the eligible basis less the Developer Fee. b. It should be noted that TCAC also requires that any amount over $2,500,000 plus $20,000 times the number of units over 100, to be deferred or contributed as equity. Therefore, the Developer could receive up to $4,020,000 in cash during the development period and remaining $5,972,000 will be paid to the Developer by Project cash flows. c. KMA estimates that the deferred developer fee repayment from available cash flow has a present value of $3,556,000, assuming a 6% discount rate. When combined with the $4,020,000 that the Developer will receive during the construction period, the developer fee received will total $7,576,000, which is 11% of direct costs. d. The $9,992,000 developer fee is estimated to generate approximately $7,000,000 in Federal and State Tax Credits. 6. The contingency allowance is estimated at $704,000, or 4% of other indirect costs. The total indirect costs are estimated at $19,090,000. FINANCING COSTS The following summarizes the Developer’s financing cost assumptions: 1. Interesting during construction is estimated to total $3,486,000, as follows: a. The Developer has been financing approximately $2,616,000 in predevelopment costs since 2014 (predominantly property tax payments, which will not be reimbursed) and will continue to fund these costs through March 2023 when the Construction Loan is closed. Assuming a Page 424 of 563 Jessica Gonzales, City of Palm Desert July 1, 2022 UHC Apartments – Financial Gap Analysis Page 11 2207001.PD:JLR 17166.010.001 compounded quarterly 3.00% interest rate over 100 months and an average outstanding balance of 58%, the estimated interest costs is $430,000. It should be noted that the Developer will only be reimbursed for approximately $680,000 of the $2,616,000 predevelopment costs, which are considered to be eligible costs for tax credit purposes. b. The Series A of the bonds will be tax-exempt and is estimated to total $55,091,000. The rate is estimated at 4.50% with an 18 month development period and a 62% average outstanding balance. c. Series B of the bonds will be taxable and estimated to total $19,200,000. The rate and terms are the same as Series A. 2. The financing fees are estimated at $1,946,000 based on the following: a. Predevelopment Loan fees are set at 2.04 points; b. Construction Loan (Series A and B) fees are set at 1.71 points; c. Permanent Loan fees are set at $10,000; d. Issuance costs are estimated at 0.72 points; and e. The TCAC fees are estimated based on the following: i. A $2,000 application fee; ii. 1% of one year of gross tax credits; and iii. A $410 per unit monitoring fee. 3. The capitalized operating reserves are estimated at $657,000, which is three months of operating expenses and debt service payments. It should be noted that according to the Developer, the lender will not require a transition reserve for the Permanent Loan. The total financing costs are estimated at $6,089,000. Page 425 of 563 Jessica Gonzales, City of Palm Desert July 1, 2022 UHC Apartments – Financial Gap Analysis Page 12 2207001.PD:JLR 17166.010.001 TOTAL DEVELOPMENT COSTS The total development costs are estimated at $102,419,000, or $581,900 per unit and $555 per square foot of GBA. KMA concludes that the Developer’s cost estimates are reasonable given the current high inflationary market conditions. Stabilized Net Operating Income (Table 2) The Project’s proposed funding sources include TEBs, Federal and State Tax Credits, and LMIHAF funds from the Authority. Each of the funding sources have income and rent requirements. Income limits are published for households that are qualified to reside in the units that have received assistance from these sources. The rent standards for the TCAC and CDLAC funds are based on rents published annually by TCAC. The rent standards for the Authority’s LMIHAF funds are provided in H&SC Section 50053. The Developer will be required to adhere to the strictest of the standards imposed by the funding sources for a period of 55 years. The following summarizes the affordability restrictions as proposed:3 ACHIEVABLE RENTAL INCOME The Project rents must adhere to the most restrictive of the requirements imposed by the funding sources and regulatory agreements. The rents used in this analysis are based on the 2022 rents published by TCAC and income information published by HCD. The maximum allowable rents, which are net of the 2022 utility allowances, are estimated as follows:4 3 One three-bedroom unit will be set-aside as an onsite manager’s unit and will be unrestricted. 4 The rents are net of the current Riverside County Housing Authority monthly utility allowance as follows: $53/1-bdrm units, $71/2-bdrm units, and $89/3-bdrm units. The tenant paid utilities will be gas heating, cooking and water heating as well as basic electricity. Affordability Restrictions One- Bedroom Units Two- Bedroom Units Three- Bedroom Units Total Units 30% AMI TCAC / ELI HCD 5 37 51 93 50% AMI TCAC / 59% Low HCD 0 10 0 10 55% AMI TCAC / 59% Low HCD 24 13 0 37 80% AMI TCAC / 80% Low HCD 15 20 0 35 Total Units 44 80 51 175 Page 426 of 563 Jessica Gonzales, City of Palm Desert July 1, 2022 UHC Apartments – Financial Gap Analysis Page 13 2207001.PD:JLR 17166.010.001 Since the market study that will be submitted to TCAC has not yet been completed, KMA researched the median market rents for Palm Desert as of June 2022. According to ***.rent.com, the market rents are higher than the highest rents proposed for the Project, as follows: 2022 Rent Restrictions One- Bedroom Units Two- Bedroom Units Three- Bedroom Units 30% AMI TCAC / ELI HCD 5 37 51 TCAC Rent $442 $523 $597 City Rent $439 $519 $593 Applicable Rent $439 $519 $593 Vouchers No Yes Yes 50% AMI TCAC / 59% Low HCD 0 10 0 TCAC Rent N/A $919 N/A City Rent N/A $1,089 N/A Applicable Rent $0 $919 $0 Vouchers No No No 55% AMI TCAC / 59% Low HCD 24 13 0 TCAC Rent $854 $1,018 N/A City Rent $914 $1,089 N/A Applicable Rent $854 $1,018 $0 Vouchers No No No 80% AMI TCAC / 80% Low HCD 15 20 0 TCAC Rent $1,267 $1,513 N/A City Rent $1,258 $1,502 N/A Applicable Rent $1,258 $1,502 $0 Vouchers No No No Total Units 175 44 80 51 Gross Potential Base Income $1,721,652 Gross Potential Subsidy Income 1,254,432 Gross Potential Rental Income $2,976,084 Average Affordability Level 47% 80% Rents Market Rents % Below Market One-Bedroom Units $1,258 $2,275 -45% Two-Bedroom Units $1,502 $2,613 -43% Three-Bedroom Units $1,729 $3,410 -49% Page 427 of 563 Jessica Gonzales, City of Palm Desert July 1, 2022 UHC Apartments – Financial Gap Analysis Page 14 2207001.PD:JLR 17166.010.001 As such, it is concluded that the proposed restricted rents are significantly below the current market apartment rents. PROJECT BASED VOUCHER SUBSIDY The Project has been awarded 44 PBVs from the County and plans to apply for an additional 44 PBVs in the County’s next RFP round of 2022, which is anticipated to take place in the Fall. The Developer plans to apply the PBVs to 37 two-bedroom units and 51 three-bedroom units. The current Fair Market Rents (FMRs) are set at $1,438 for the two-bedroom units and $1,976 for three-bedroom units. If awarded the additional vouchers, the Project will enter into a 20 -year contract to receive the difference between the amount the tenants pay, up to 30% of their actual household income, and the contract rent. The gross income generated from the PBVs is estimated to be $1,254,432. ESTIMATED NET OPERATING INCOME (NOI) The Project’s effective gross income (EGI) is $2,847,344 based on the following assumptions: 1. The gross potential income is $2,997,204, including $10 per unit per month for miscellaneous income; and 2. A vacancy and collection allowance equal to 5% of gross potential income, equating to a $149,860 is deducted. The Developer and KMA estimate the residential operating expenses at $1,278,460 based on the following assumptions: 1. General operating expenses are estimated at $6,530 per unit, which is reasonable for a project of this size and proposed population. The TCAC minimum for operating expenses is $4,700 per non-elevator family unit, which is approximately 28% lower than the proposed operating expenses. 2. Property taxes are estimated at $21,300 per year based on the assumption that the Project will be exempt from property taxes. This estimate also assumes that the existing CFD Bonds obligation will be removed prior to the commencement of construction. Page 428 of 563 Jessica Gonzales, City of Palm Desert July 1, 2022 UHC Apartments – Financial Gap Analysis Page 15 2207001.PD:JLR 17166.010.001 3. A budget of $55,000 per year is available for onsite tenant services that will likely be offered through New Day Home Care. This estimate takes into account that the County has stated that required services provided to the tenants when PBVs are included in a project will be increasing in the future. 4. The replacement reserves are estimated at $300 per unit per year, which is a typical amount for similar projects but higher than the $250 per unit TCAC minimum for new construction projects. Therefore, the NOI is estimated to total $1,568,884, of which $1,191,710 will be generated by the 88 PBVs and the remaining $377,173 by the base income. Potential Funding Sources (Table 3) The Project does not competitively score for the current SuperNOFA, which is why HCD funding sources have not been considered. HCD funding sources would also require State prevailing wages to be imposed on the construction costs instead of only Davis Bacon wages. The Developer does plan to apply for the competitive TEBs in the August CDLAC round. The following summarizes the potential funding sources based on the current status of various funding sources: TAX-EXEMPT BONDS / PERMANENT LOAN The Developer anticipates structuring the bonds as a private placement transaction with the lender and bond purchaser being Citibank. CSCDA will issue the bonds estimated at $55,091,000 in tax-exempt bonds and $19,200,000 in taxable bonds. Based on a $1,568,884 NOI, the Project is estimated to support a $21,085,000 permanent loan. The assumptions used to estimate the loan are a 1.16 debt coverage ratio, a 5.75% interest rate, and a 40 year amortization term. The annual debt service payment is estimated at $1,348,312. Therefore, the $74,291,000 in tax-exempt and taxable bonds will be reduced by $53,206,000 at permanent loan conversion, if not before, as the equity investor provides their contributions to the Project. As previously discussed, the 88 PBVs will be generating 76% of the permanent loan. Therefore, if the additional 44 PBVs are not awarded to the Project or the PBV contract is not renewed after the initial 20 year term, the Project will not be able to obtain the Page 429 of 563 Jessica Gonzales, City of Palm Desert July 1, 2022 UHC Apartments – Financial Gap Analysis Page 16 2207001.PD:JLR 17166.010.001 $21,085,000 permanent loan or the Project could go into default on the permanent loan in year 21. Due to the influx of permanent supportive housing projects requesting bond allocations, the State’s bond allocation has been oversubscribed. Thus, obtaining a TEB allocation is now a competitive process. However, the Project eligible to receive full points (120) on the CDLAC application and estimate the tie-breaker score to be $215,000. The Project will be submitting under the Extremely-Low Income and Very-Low Income Set-Aside, which has been allocated double the TEB bond cap in the August 2022 round relative to Round 1. It should be noted that the Project would have received an allocation in the first round of 2022 CDLAC awards. FEDERAL TAX CREDIT EQUITY Once the Project receives a TEB allocation from CDLAC, the 4% Federal Tax Credits are automatically awarded to the Project. The following summarizes the anticipated federal Tax Credit equity generated by the Project: While the Developer’s equity rate assumption at $0.86 per Federal Tax Credits is at the lower end of the range of typical recent projections, it does take into account that the investor will also purchase the State Tax Credits, which are less desirable. STATE TAX CREDIT EQUITY The State of California also offering supplementary State Tax Credits to new construction projects financed with TEBs. The following summarizes the anticipated State Tax Credit equity to be generated by the Project: Eligible Basis $93,085,615 QCT/DDA Adjustment 130% Applicable Fraction 100% Federal Tax Credit Rate 4% Annual Federal Tax Credits $4,840,452 Total Federal Tax Credits (10 Years) $48,404,520 % of Gross Tax Credit Taken 100.00% Syndication Value 85.99% Net Federal Tax Credit Equity (Rounded) $41,623,000 Page 430 of 563 Jessica Gonzales, City of Palm Desert July 1, 2022 UHC Apartments – Financial Gap Analysis Page 17 2207001.PD:JLR 17166.010.001 The Developer’s equity rate assumption of $0.85 per State Tax Credit is considered reasonable for State Tax Credits. GENERAL PARTNER LAND LOAN (GP LOAN) The Developer will carry back a $2,746,501 land loan to the Project. The loan will have a 5.00% simple interest rate and a 57 year term. The Developer proposes the annual payments to be made out of the pro rata share of the 50% residual receipts share that typically goes to soft lenders. However, the City has countered that this loan should be repaid out of the Developer’s 50% share of the residual receipts. DEFERRED DEVELOPER FEE TCAC requires that any developer fee over $2,500,000 plus $20,000 per unit over 100 units, which equates to $4,020,000, be either deferred or contributed as equity to the Project. As such, the Developer proposes to defer $5,992,000, or 60% of the total allowable Developer Fee. The deferred fee is required to be paid to the Developer from Project cash flow within a 15 year period. The proposed Developer fee is estimated to generate approximately $7,000,000 in Federal and State Tax Credits. TOTAL AVAILABLE OUTSIDE FUNDING SOURCES Therefore, a total of $95,184,000 has been identified in available outside funding sources, or $540,800 per unit, as shown below. Qualified Basis $93,085,615 State Tax Credit Factor 30% Maximum State Tax Credits $27,925,685 % of State Tax Credits Requested 100% Total State Tax Credits Requested $27,925,685 Syndication Value 85.00% Net State Tax Credit Equity (Rounded) $23,737,000 Permanent Loan $21,085,000 Federal Tax Credit Equity 41,623,000 State Tax Credit Equity 23,737,000 GP Land Loan 2,747,000 Deferred Developer Fee 5,992,000 Total Available Outside Funding Sources $95,184,000 Per Unit $540,800 Total Available Outside Funding Sources Page 431 of 563 Jessica Gonzales, City of Palm Desert July 1, 2022 UHC Apartments – Financial Gap Analysis Page 18 2207001.PD:JLR 17166.010.001 It should be noted that there are other funding sources that the Developer can pursue. However, they will require going through additional competitive processes that the Project does not currently score competitively and the timeline for the Project would be lengthened. The City plans to limit the number of CDLAC rounds the Developer can submit the Project for an allocation to two rounds. It should also be noted that the proposed funding sources assume that the Project will have 88 PBVs. If the additional 44 vouchers are not awarded to the Project, an additional $8,000,000 in funding sources will be needed. Financial Gap Calculation (Table 3) When the estimated development costs are compared to the available outstanding funding sources, KMA concludes that the proposed Project needs $7,235,000 in financial assistance to be feasible. Therefore, KMA agrees that the Developer’s request for $7,235,000 in financial assistance from the City is warranted and equates to $41,100 per unit. LMIHAF INCOME TARGETING ANALYSIS (TABLE 4) The Authority anticipates using LMIHAF money to provide the financial assistance for this Project. Section 34176.1 of the California Health and Safety Code has restricted how the LMIHAF monies are to be allocated to extremely-low and low income households over a five year period. Section 34176.1(a)(3)(B) requires that the Authority allocate at least 30% of the LMIHAF expended for development of rental housing affordable to and occupied by households earning 30% or less of AMI (Extremely-Low Income or ELI) and Section 34176.1(a)(3)(C) requires that no more than 20% of the LMIHAF expended for development of rental housing affordable to and occupied by households earning between 60% and 80% of AMI (Low Income or Low). Total Development Costs $102,419,000 (Less) Available Outside Funding Sources (95,184,000) Financial Gap $7,235,000 Per Unit $41,100 Financial Gap Calculation Page 432 of 563 Jessica Gonzales, City of Palm Desert July 1, 2022 UHC Apartments – Financial Gap Analysis Page 19 2207001.PD:JLR 17166.010.001 These income tests are applied over five year period with the second period being Fiscal Year 2020/21 to 2024/25. Since according to the 2019/20 SB 341 Report, the Authority was in compliance with these provisions in the first income test period through 2019/20, the second testing period does not have any additional requirements. It should be noted that the requirements do not need to be met on a project-by-project basis. However, the Authority is making an effort to meet the requirements within each project to limit the risk of penalties. Penalties will be applied if the Authority fails to comply with the ELI and Low requirements in any five-year period. As illustrated below, with 93 units restricted to ELI households and 35 units restricted to households earning between 60% and 80% AMI, if the Authority agrees to commit $7,235,000 to the Project, as proposed, the authority will have exceeded the minimum ELI targeting test and will be under the maximum Low targeting test. Therefore, the Authority is anticipated to remain in compliance of the LMIHAF Income Targeting requirements when the proposed assistance is allocated to the Project. SUMMARY OF PROPOSED DEAL TERMS The following summarizes the proposed deal terms: 1. The Authority loan of $7,235,000 loan from LMIHAF proceeds, is assumed to have with the following loan terms: Extremely-Low Income Expenditures 31% - 59% AMI Expenditures 60% - 80% AMI Expenditures Total Expenditures Total Restricted Units in Project 93 47 35 175 LMIHAF Assistance / Unit $41,343 $41,343 $41,343 $41,343 Project LMIHAF Assistance $3,844,886 $1,943,114 $1,447,000 $7,235,000 FY 2020/21 $6,030,000 $0 $0 $6,030,000 FY 2021/22 0 0 0 0 FY 2022/23 3,844,886 1,943,114 1,447,000 7,235,000 FY 2023/24 0 0 0 0 FY 2024/25 0 0 0 0 Total Expenditures to Date $9,874,886 $1,943,114 $1,447,000 $13,265,000 As a % of Total Expenditures 74%15%11%100% Minimum Requirement At Least 30%At Most 20% FY 2020/21 - FY 2024/25 Income Targeting Test Period Page 433 of 563 Jessica Gonzales, City of Palm Desert July 1, 2022 UHC Apartments – Financial Gap Analysis Page 20 2207001.PD:JLR 17166.010.001 a. A 3.00 % compounded interest rate during the construction period, which is estimated to accrue $7,472,000 over the 24 period development period. b. A 3.00% simple interest rate upon COO is also assumed. c. A term of 57 years (two years for the construction period and 55 years from the date of recordation of the COO for the Project). d. An annual payment of 50% of residual receipts with the payments beginning after the $5,992,000 deferred developer fee is repaid. e. The outstanding balance of principal and accrued interest will be due and payable at the end of the term. f. The loan will be secured with a second trust deed, subordinated only to the construction and permanent loans and TEBs. 2. The affordability restrictions associated with the Authority’s contribution of LMIHAF proceeds will be as follows: a. Ninety-three (93) ELI units restricted by H&SC Section 50053 and 50106; b. Forty-seven (47) units restricted by H&SC Section 50053 and 50079.5, with the income restrictions limited to 59% AMI instead of 80% AMI and rent restrictions restricted 59% of AMI instead of 60% AMI; and c. Thirty-five (35) units restricted by H&SC Section 50053 and 50079.5, with the rent restrictions set at 80% AMI instead of 60% AMI. d. The affordability restrictions are to be placed on the units for no less than 55 years from COO. e. While the Authority’s deed of Trust will be subordinated to the construction and permanent lenders and TEBs, the Authority will not allow the regulatory agreement to be subordinated to the construction and permanent loans. This will ensure that the Authority’s affordability restrictions remain in place even if there is a foreclosure event. Page 434 of 563 Jessica Gonzales, City of Palm Desert July 1, 2022 UHC Apartments – Financial Gap Analysis Page 21 2207001.PD:JLR 17166.010.001 3. The Project will have until December 2023 to close escrow on the proposed financing sources and Authority Loan, which will be conditioned by the Project receiving commitments from all of the proposed outside funding sources. KMA also recommends that the following additional deal terms be included in the Affordable Housing Agreement that will be drafted at a later date: 1. The following should be included in the allowable residual receipts and operating expenses definitions: a. A minimum annual replacement reserve deposit of $300 per unit. b. A maximum property management fee of 5% of EGI. c. The minimum tenant services budget should be set at $55,000 per year, increasing with CPI. d. The total asset management fees for the limited and general partners should be limited to $30,000 per year, increasing at a maximum 3% per year. These fees will not accrue. 2. The Developer should be required to receive at least three (3) third party bids for the general contractor contract, even if the Developer plans to use a related- party general contractor. 3. The deferred Developer Fee should be set at a minimum of $5,992,000 without an interest rate applied. CASH FLOW ANALYSIS (TABLE 5) KMA also conducted a cash flow analysis to estimate the present value of the potential debt service payments to the Authority. The following describes the basic cash flow assumptions: 1. Year 1 is based on the pro forma rent and expense assumptions presented in the stabilized NOI analysis (Table 2). 2. Assumes the PBV Contract with the County is renewed after the initial 20-year term. Page 435 of 563 Jessica Gonzales, City of Palm Desert July 1, 2022 UHC Apartments – Financial Gap Analysis Page 22 2207001.PD:JLR 17166.010.001 3. Additional revenue and expense assumptions are as follows: a. The projected residential income and miscellaneous income are estimated to increase at 2.5% per year. b. A 5% vacancy and collection allowance. c. The general operating expenses, social services and replacement reserves are increased at 3.5% per year. d. The property taxes are increased at 2.0% per year e. Annual debt service is estimated to be $1,348,312 for 40 years. f. The priority distributions are categorized as follows: i. Limited Partner Asset Management Fee - $10,000 per year for 15 years, increasing at 3% per year, non-accruing; ii. Managing General Partner Asset Management Fee - $10,000 per year for 55 years, increasing at 3% per year, non-accruing; iii. Deferred Developer Fee – the $5,992,000 deferred fee will be paid back with available cash flow and will not include an interest rate; and iv. Administrative General Partner Asset Management Fee - $10,000 per year for 55 years, increasing at 3% per year, non-accruing. g. The annual residual receipts payments to the Authority are based on the $7,235,000 Authority Loan with a 57-year term, a 3.0% simple interest rate and annual payments in the form of 50% of the residual receipts generated.5 h. The Developer will receive the remaining 50% of the residual receipts and the GP Land Loan will be paid back with these funds. 5 The Authority Loan will accrue 3% compounded interest during the two year development, estimated to total approximately $7,472,000. Page 436 of 563 Jessica Gonzales, City of Palm Desert July 1, 2022 UHC Apartments – Financial Gap Analysis Page 23 2207001.PD:JLR 17166.010.001 The Authority Loan is estimated to generate $26,603,000 in nominal terms and $3,056,000 in present value terms, assuming a 6% discount rate. The residual receipts payments are not anticipated to commence until approximately year 15, after the $5,992,000 deferred developer fee has been paid in full. The loan is estimated to be repaid at the end of the 57 year term. CONCLUSIONS Based on the KMA analysis of the Developer’s proposal, the $7,235,000 proposed financial assistance request is considered to be reasonable. The City will gain 93 ELI and 82 Low income units, and the LMIHAF assistance will be in compliance with the State’s Income Targeting Tests. However, if the Project is not awarded the $55,091,000 in Tax- Exempt Bonds or 88 PBVs, the feasibility of the Project will need to be reanalyzed. Attachments Page 437 of 563 TABLE 1 ESTIMATED DEVELOPMENT COSTS UHC PROJECT PALM DESERT, CALIFORNIA I.Acquisition Costs 1 Purchase Price 2 515,315 Sf Land $11 /Sf Land $5,447,000 CFD Bond Payments for Offsites 3 14 Years $187,699 /Year 2,628,000 Closing Costs 2% of Purchase Price 81,000 Total Acquisition Costs 176 Units $46,341 /Unit $8,156,000 515,315 Sf Land $15.83 /Sf Land II.Direct Costs 1 Onsite Improvements 515,315 Sf Land $20 /Sf Land $10,403,000 Solar Costs 176 Units $9,233 /Unit 1,625,000 Parking Costs 352 Spaces $0 /Space 0 Shell Costs 184,501 Sf GBA $241 /Sf Residential 44,372,000 FF&E - Project 176 Units $1,000 /Unit 176,000 FF&E - PSH Units 0 PSH Units $0 /PSH Unit 0 Contractor Fees 14% of Construction Costs 7,674,000 Construction Insurance/Bonds 2% of Construction Costs 856,000 Contingency Allowance 6% of Other Direct Costs 3,978,000 Total Direct Costs 176 Units $392,523 /Unit $69,084,000 184,501 Sf GBA $374 /Sf GBA III.Indirect Costs 1 Architecture, Engineering & Consulting 4% of Direct Costs $3,089,000 Permits & Fees 176 Units $18,567 /Unit 3,268,000 Taxes, Insurance, Legal & Accounting 3% of Direct Costs 1,914,000 Marketing Costs 176 Units $700 /Unit 123,000 Developer Fee $83,093,615 Net Eligible Basis 12% of Net EB 9,992,000 Contingency Allowance 4% of Other Indirect Costs 704,000 Total Indirect Costs $19,090,000 IV.Financing Costs 1 Interest During Construction Predevelopment Loan 4 $2,616,524 Loan Amount 3.00% Interest $377,000 Tax-Exempt Bonds 5 $55,091,319 Loan Amount 4.50% Interest 2,306,000 Taxable Tail Loan 5 $19,200,000 Loan Amount 4.50% Interest 803,000 Financing Fees Predevelopment Loan $2,616,524 Loan Amount 2.04 Points 53,000 Construction Loan $55,091,319 Loan Amount 1.71 Points 945,000 Taxable Tail Loan $19,200,000 Loan Amount 1.71 Points 329,000 Permanent Loan $21,084,993 Loan Amount 0.05 Points 10,000 Issuance Costs $55,091,319 TE Bonds 0.88 Points 486,000 TCAC Fees 6 123,000 Capitalized Reserves Operating Reserve 3 Months $218,898 Op Exp + DS/Month 657,000 Transition Reserve 7 0 Year(s)$1,254,432 Subsidy/Year 0 Total Financing Costs $6,089,000 V. Total Development Costs 176 Units $581,900 /Unit $102,419,000 184,501 Sf GBA $555 /Sf GBA 1 2 3 4 5 6 7 Based on Developer's estimates. Developer has written down the 2008 purchase price from $10,633,000 by 51%. Developer esitmate of CFD Bonds payoff. City should verify estimate. p p y p y p p g g y $ , these costs will be reimbursed. Developer states that Citibank will not require a transition reserve. Assumes an average outstanding balance of 62%. Assumes a $2,000 application fee; $410/unit monitoring fee; and a 1% of first year of tax credits reservation fee. Prepared by: Keyser Marston Associates, Inc. Filename: UHC Pro Forma - 07.01.22; Fin Gap PF; jlr; 7/1/2022 Page 438 of 563 TABLE 2 STABILIZED NET OPERATING INCOME UHC PROJECT PALM DESERT, CALIFORNIA I.Project Income 1 Manager's Unit (3-bdrm)1 Unit(s)$0 /Unit/Mo $0/Unit/Mo 30% AMI TCAC / ELI HCD /Unit/Mo 1-Bedroom Units 5 Unit(s)$439 /Unit/Mo 26,340 2-Bedroom Units 37 Unit(s)$519 /Unit/Mo 230,436 3-Bedroom Units 51 Unit(s)$593 /Unit/Mo 362,916 50% AMI TCAC / 59% Low HCD 1-Bedroom Units 0 Unit(s)$0 /Unit/Mo 0 2-Bedroom Units 10 Unit(s)$919 /Unit/Mo 110,280 3-Bedroom Units 0 Unit(s)$0 /Unit/Mo 0 55% AMI TCAC / 59% Low HCD 1-Bedroom Units 24 Unit(s)$854 /Unit/Mo 245,952 2-Bedroom Units 13 Unit(s)$1,018 /Unit/Mo 158,808 3-Bedroom Units 0 Unit(s)$0 /Unit/Mo 0 80% AMI TCAC / 80% Low HCD 1-Bedroom Units 15 Unit(s)$1,258 /Unit/Mo 226,440 2-Bedroom Units 20 Unit(s)$1,502 /Unit/Mo 360,480 3-Bedroom Units 0 Unit(s)$0 /Unit/Mo 0 Gross Potential Income - Base Rents 176 Units $815 /Unit/Mo $1,721,652 Gross Potential Income - PBV Overhang 2 88 Unit(s)$1,188 /Unit/Mo 1,254,432 Miscellaneous Income 176 Units $10 /Unit/Mo 21,120 Gross Potential Income $2,997,204 (Less) Vacancy & Collection - Base Rents 5% of GPI (86,083) (Less) Vacancy & Collection - PBV Overhang 5% of GPI (62,722) (Less) Vacancy & Collection - Misc. Income 5% of GPI (1,056) Effective Gross Income $2,847,344 II.Operating Expenses 3 General Operating Expenses 176 Units $6,530 /Unit $1,149,360 Property Taxes 21,300 Social Programs 176 Units $313 /Unit 55,000 Replacement Reserves 176 Units $300 /Unit 52,800 Total Operating Expenses $1,278,460 III. Net Operating Income $1,568,884 Base Income NOI 377,173 PBV Overhang NOI 1,191,710 1 2 3 Assumes 88 PBV vouchers will be provided to the Project (37 2-bdrm units and 51 3-bdrm units. The 2022 PBV contract rents, after utility allowance deductions are $1,509/2-bdrm units and $2,065/3-bdrm units. Developer estimates. Based on the lower of the 20222 TCAC and HCD restrictions. Assumes the ofllowing utility allowances will be deducted: $53/1-bdrm units, $71/2-bdrm units; and $89/3-bdrm units. Prepared by: Keyser Marston Associates, Inc. Filename: UHC Pro Forma - 07.01.22; Fin Gap PF; jlr; 7/1/2022 Page 439 of 563 TABLE 3 FINANCIAL SURPLUS / GAP ANALYSIS UHC PROJECT PALM DESERT, CALIFORNIA I. Proposed Funding Sources A. Permanent Loan - Base Income 1.16 DCR $324,146 Debt Service $5,069,000 5.75% Int Rate 40 Amort. Term B. Permanent Loan - Subsidy Income 1.16 DCR $1,024,166 Debt Service $16,016,000 5.75% Int Rate 40 Amort. Term C. Federal Tax Credit Equity $48,404,520 Gross TC 85.99% Equity Rate $41,623,000 $215,000 Tie-Breaker Score D. State Tax Credit Equity $27,925,685 Gross TC Requested 85.00% Equity Rate $23,737,000 E.GP Land Loan 1 50% of Purchase Price $2,747,000 F. Contributed Developer Fee $9,992,000 Developer Fee 0% Contributed $0 G. Deferred Developer Fee $9,992,000 Developer Fee 60% Deferred $5,992,000 Total Proposed Funding Sources 176 Units $540,800 /Unit $95,184,000 II. Financial Surplus / (Gap) Calculation Total Proposed Funding Sources $95,184,000 (Less) Total Development Costs (102,419,000) Financial Surplus / Gap 176 Units ($41,100) /Unit ($7,235,000) III. City Assistance Funding Sources Land - Pre-2012 $0 Land - City 0 Waived Fees 0 LMIHAF - Land Purchase 0 LMIHAF Assistance 7,235,000 HOME Assistance 0 In-Lieu Fee Assistance 0 Total City Assistance 176 Units $41,100 /Unit $7,235,000 1 Assumes the loan will have the following terms: 5% simple interest rate, 57-year term, payments from Developer's 50% share of residual receipts. Prepared by: Keyser Marston Associates, Inc. Filename: UHC Pro Forma - 07.01.22; Fin Gap PF; jlr; 7/1/2022 Page 440 of 563 TABLE 4 LMIHAF INCOME TARGETING ANLAYSIS UHC PROJECT PALM DESERT, CALIFORNIA Extremely-Low Income 31% - 59% AMI 60% - 80% AMI Not Restricted by City Total Project I. Number of Units 93 47 35 0 175 II. Income Targeting Test LMIHAF Assistance - Project $0 $0 $0 $0 $0 LIMHAF Assistance FY 20/21 1 6,030,000 0 0 0 6,030,000 LIMHAF Assistance FY 21/22 2 3,844,886 1,943,114 1,447,000 0 7,235,000 LIMHAF Assistance FY 22/23 0 0 0 0 0 LIMHAF Assistance FY 23/24 0 0 0 0 0 LIMHAF Assistance FY 24/25 0 0 0 0 0 Total LMIHAF Assistance FY 20/21 - FY 24/25 $9,874,886 $1,943,114 $1,447,000 $0 $13,265,000 As a % of Total LMIHAF Assistance 74%15%11%0%100% SB 341 Requirements At least 30%At most 20% Must be $0 1 1 Vitalia Apartments financial assistance was committed in FY 2020/21. Assumes LMIHAF will be distributed at $41,343/restricted unit. Prepared by: Keyser Marston Associates, Inc. Filename: UHC Pro Forma - 07.01.22; SB 341 Analysis; jlr; 7/1/2022 Page 441 of 563 TABLE 5 CASH FLOW ANALYSIS UHC PROJECT PALM DESERT, CALIFORNIA Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 I. Project Income Gross Potential Income - Base Rents 102.5% /Year $1,721,652 $1,764,693 $1,808,811 $1,854,031 $1,900,382 $1,947,891 $1,996,588 $2,046,503 Gross Potential Income - PBV Overhang 102.5% /Year 1,254,432 1,285,793 1,317,938 1,350,886 1,384,658 1,419,275 1,454,757 1,491,125 Miscellaneous Income 102.5% /Year 21,120 21,648 22,189 22,744 23,313 23,895 24,493 25,105 Gross Potential Income $2,997,204 $3,072,134 $3,148,937 $3,227,661 $3,308,352 $3,391,061 $3,475,838 $3,562,734 (Less) Vacancy & Collection - Base Rents 5.0% of PGI (86,083) (88,235) (90,441) (92,702) (95,019) (97,395) (99,829) (102,325) (Less) Vacancy & Collection - PBV Overhang 5.0% of PGI (62,722) (64,290) (65,897) (67,544) (69,233) (70,964) (72,738) (74,556) (Less) Vacancy & Collection - Misc. Income 5.0% of PGI (1,056)(1,082)(1,109)(1,137)(1,166)(1,195)(1,225)(1,255) Effective Gross Income $2,847,344 $2,918,527 $2,991,491 $3,066,278 $3,142,935 $3,221,508 $3,302,046 $3,384,597 II. Operating Expenses General Operating Expenses 103.5% /Year $1,149,360 $1,189,588 $1,231,223 $1,274,316 $1,318,917 $1,365,079 $1,412,857 $1,462,307 Property Taxes 102.0% /Year 21,300 21,726 22,161 22,604 23,056 23,517 23,987 24,467 Social Programs 103.5% /Year 55,000 56,925 58,917 60,979 63,114 65,323 67,609 69,975 Replacement Reserves 103.0% /Year 52,800 54,384 56,016 57,696 59,427 61,210 63,046 64,937 Total Operating Expenses $1,278,460 $1,322,623 $1,368,317 $1,415,595 $1,464,513 $1,515,128 $1,567,499 $1,621,687 III. Net Operating Income $1,568,884 $1,595,905 $1,623,174 $1,650,683 $1,678,421 $1,706,380 $1,734,547 $1,762,910 (Less) Debt Service (1,348,312)(1,348,312)(1,348,312)(1,348,312)(1,348,312)(1,348,312)(1,348,312)(1,348,312) IV. Available Cash Flow $220,572 $247,593 $274,862 $302,371 $330,109 $358,068 $386,235 $414,599 (Less) Asset Management Fee - LP 103.5% /Year (10,000) (10,350) (10,712) (11,087) (11,475) (11,877) (12,293) (12,723) (Less) Asset Management Fee - MGP 103.5% /Year (10,000) (10,350) (10,712) (11,087) (11,475) (11,877) (12,293) (12,723) (Less) Deferred Developer Fee (200,572) (226,893) (253,438) (280,196) (307,159) (334,314) (361,650) (389,153) Deferred Developer Fee Balance $5,992,000 $5,791,428 $5,564,535 $5,311,097 $5,030,901 $4,723,742 $4,389,428 $4,027,778 $3,638,625 (Less) Asset Management Fee - AGP 103.5% /Year 0 0 0 0 0 0 0 0 V. Cash Flow Available for Distribution $0 $0 $0 $0 $0 $0 $0 $0 VI. City Loan Beginning Balance $7,235,000 $14,924,315 $15,141,365 $15,358,415 $15,575,465 $15,792,515 $16,009,565 $16,226,615 Accrued Interest (24 Months)7,472,265 0 0 0 0 0 0 0 Simple Interest 3.00% Interest 217,050 217,050 217,050 217,050 217,050 217,050 217,050 217,050 (Less) Residual Receipts Payment 50.00% of RR 0 0 0 0 0 0 0 0 Ending Balance $14,924,315 $15,141,365 $15,358,415 $15,575,465 $15,792,515 $16,009,565 $16,226,615 $16,443,665 Nominal Payments (55 Years)$26,603,000 PV of Payments 6.00% Disc Rate $3,056,000 XI. Cash Flow to Developer $0 $0 $0 $0 $0 $0 $0 $0 XII. GP Loan Beginning Balance $2,747,000 $2,884,350 $3,021,700 $3,159,050 $3,296,400 $3,433,750 $3,571,100 $3,708,450 Simple Interest 5.00% Interest 137,350 137,350 137,350 137,350 137,350 137,350 137,350 137,350 (Less) Residual Receipts Payment 100% CF to Developer 0 0 0 0 0 0 0 0 Ending Balance $2,884,350 $3,021,700 $3,159,050 $3,296,400 $3,433,750 $3,571,100 $3,708,450 $3,845,800 Nominal Payments (55 Years)$6,696,000 PV of Payments 6.00% Disc Rate $1,663,000 Prepared by: Keyser Marston Associates, Inc. Filename: UHC Pro Forma - 07.01.22; Cash Flow; jlr; 7/1/2022 Page 442 of 563 TABLE 5 CASH FLOW ANALYSIS UHC PROJECT PALM DESERT, CALIFORNIA I. Project Income Gross Potential Income - Base Rents Gross Potential Income - PBV Overhang Miscellaneous Income Gross Potential Income (Less) Vacancy & Collection - Base Rents (Less) Vacancy & Collection - PBV Overhang (Less) Vacancy & Collection - Misc. Income Effective Gross Income II. Operating Expenses General Operating Expenses Property Taxes Social Programs Replacement Reserves Total Operating Expenses III. Net Operating Income (Less) Debt Service IV. Available Cash Flow (Less) Asset Management Fee - LP (Less) Asset Management Fee - MGP (Less) Deferred Developer Fee Deferred Developer Fee Balance (Less) Asset Management Fee - AGP V. Cash Flow Available for Distribution VI. City Loan Beginning Balance Accrued Interest (24 Months) Simple Interest (Less) Residual Receipts Payment Ending Balance Nominal Payments (55 Years) PV of Payments XI. Cash Flow to Developer XII. GP Loan Beginning Balance Simple Interest (Less) Residual Receipts Payment Ending Balance Nominal Payments (55 Years) PV of Payments Year 9 Year 10 Year 11 Year 12 Year 13 Year 14 Year 15 Year 16 Year 17 Year 18 Year 19 $2,097,666 $2,150,107 $2,203,860 $2,258,957 $2,315,431 $2,373,316 $2,432,649 $2,493,465 $2,555,802 $2,619,697 $2,685,190 1,528,404 1,566,614 1,605,779 1,645,923 1,687,072 1,729,248 1,772,480 1,816,792 1,862,211 1,908,767 1,956,486 25,733 26,376 27,035 27,711 28,404 29,114 29,842 30,588 31,353 32,137 32,940 $3,651,802 $3,743,097 $3,836,675 $3,932,591 $4,030,906 $4,131,679 $4,234,971 $4,340,845 $4,449,366 $4,560,600 $4,674,615 (104,883) (107,505) (110,193) (112,948) (115,772) (118,666) (121,632) (124,673) (127,790) (130,985) (134,259) (76,420) (78,331) (80,289) (82,296) (84,354) (86,462) (88,624) (90,840) (93,111) (95,438) (97,824) (1,287)(1,319)(1,352)(1,386)(1,420)(1,456)(1,492)(1,529)(1,568)(1,607)(1,647) $3,469,212 $3,555,942 $3,644,841 $3,735,962 $3,829,361 $3,925,095 $4,023,222 $4,123,803 $4,226,898 $4,332,570 $4,440,885 $1,513,488 $1,566,460 $1,621,286 $1,678,031 $1,736,762 $1,797,549 $1,860,463 $1,925,579 $1,992,974 $2,062,728 $2,134,924 24,956 25,455 25,965 26,484 27,014 27,554 28,105 28,667 29,240 29,825 30,422 72,424 74,959 77,583 80,298 83,109 86,018 89,028 92,144 95,369 98,707 102,162 66,885 68,892 70,959 73,088 75,280 77,539 79,865 82,261 84,728 87,270 89,888 $1,677,754 $1,735,767 $1,795,792 $1,857,901 $1,922,164 $1,988,659 $2,057,461 $2,128,651 $2,202,312 $2,278,531 $2,357,396 $1,791,458 $1,820,176 $1,849,049 $1,878,061 $1,907,196 $1,936,436 $1,965,762 $1,995,152 $2,024,586 $2,054,039 $2,083,489 (1,348,312)(1,348,312)(1,348,312)(1,348,312)(1,348,312)(1,348,312)(1,348,312)(1,348,312)(1,348,312)(1,348,312)(1,348,312) $443,146 $471,864 $500,737 $529,749 $558,885 $588,125 $617,450 $646,840 $676,274 $705,728 $735,177 (13,168) (13,629) (14,106) (14,600) (15,111) (15,640) (16,187) (16,753) (17,340) (17,947) (18,575) (13,168) (13,629) (14,106) (14,600) (15,111) (15,640) (16,187) (16,753) (17,340) (17,947) (18,575) (416,810) (444,606) (472,525) (500,550) (528,663) (556,845) (585,076) (133,549)0 0 0 $3,221,815 $2,777,209 $2,304,684 $1,804,134 $1,275,471 $718,625 $133,549 $0 $0 $0 $0 0 0 0 0 0 0 0 (16,753)(17,340)(17,947)(18,575) $0 $0 $0 $0 $0 $0 $0 $479,784 $641,594 $669,834 $698,027 $16,443,665 $16,660,715 $16,877,765 $17,094,815 $17,311,865 $17,528,915 $17,745,965 $17,963,015 $17,940,174 $17,836,426 $17,718,559 0 0 0 0 0 0 0 0 0 0 0 217,050 217,050 217,050 217,050 217,050 217,050 217,050 217,050 217,050 217,050 217,050 0 0 0 0 0 0 0 (239,892)(320,797)(334,917)(349,014) $16,660,715 $16,877,765 $17,094,815 $17,311,865 $17,528,915 $17,745,965 $17,963,015 $17,940,174 $17,836,426 $17,718,559 $17,586,596 $0 $0 $0 $0 $0 $0 $0 $239,892 $320,797 $334,917 $349,014 $3,845,800 $3,983,150 $4,120,500 $4,257,850 $4,395,200 $4,532,550 $4,669,900 $4,807,250 $4,704,708 $4,521,261 $4,323,694 137,350 137,350 137,350 137,350 137,350 137,350 137,350 137,350 137,350 137,350 137,350 0 0 0 0 0 0 0 (239,892)(320,797)(334,917)(349,014) $3,983,150 $4,120,500 $4,257,850 $4,395,200 $4,532,550 $4,669,900 $4,807,250 $4,704,708 $4,521,261 $4,323,694 $4,112,031 Prepared by: Keyser Marston Associates, Inc. Filename: UHC Pro Forma - 07.01.22; Cash Flow; jlr; 7/1/2022 Page 443 of 563 TABLE 5 CASH FLOW ANALYSIS UHC PROJECT PALM DESERT, CALIFORNIA I. Project Income Gross Potential Income - Base Rents Gross Potential Income - PBV Overhang Miscellaneous Income Gross Potential Income (Less) Vacancy & Collection - Base Rents (Less) Vacancy & Collection - PBV Overhang (Less) Vacancy & Collection - Misc. Income Effective Gross Income II. Operating Expenses General Operating Expenses Property Taxes Social Programs Replacement Reserves Total Operating Expenses III. Net Operating Income (Less) Debt Service IV. Available Cash Flow (Less) Asset Management Fee - LP (Less) Asset Management Fee - MGP (Less) Deferred Developer Fee Deferred Developer Fee Balance (Less) Asset Management Fee - AGP V. Cash Flow Available for Distribution VI. City Loan Beginning Balance Accrued Interest (24 Months) Simple Interest (Less) Residual Receipts Payment Ending Balance Nominal Payments (55 Years) PV of Payments XI. Cash Flow to Developer XII. GP Loan Beginning Balance Simple Interest (Less) Residual Receipts Payment Ending Balance Nominal Payments (55 Years) PV of Payments Year 20 Year 21 Year 22 Year 23 Year 24 Year 25 Year 26 Year 27 Year 28 Year 29 Year 30 $2,752,319 $2,821,127 $2,891,655 $2,963,947 $3,038,046 $3,113,997 $3,191,847 $3,271,643 $3,353,434 $3,437,270 $3,523,201 2,005,398 2,055,533 2,106,921 2,159,594 2,213,584 2,268,924 2,325,647 2,383,788 2,443,383 2,504,467 2,567,079 33,763 34,608 35,473 36,360 37,269 38,200 39,155 40,134 41,138 42,166 43,220 $4,791,481 $4,911,268 $5,034,049 $5,159,901 $5,288,898 $5,421,121 $5,556,649 $5,695,565 $5,837,954 $5,983,903 $6,133,500 (137,616) (141,056) (144,583) (148,197) (151,902) (155,700) (159,592) (163,582) (167,672) (171,863) (176,160) (100,270) (102,777) (105,346) (107,980) (110,679) (113,446) (116,282) (119,189) (122,169) (125,223) (128,354) (1,688)(1,730)(1,774)(1,818)(1,863)(1,910)(1,958)(2,007)(2,057)(2,108)(2,161) $4,551,907 $4,665,704 $4,782,347 $4,901,906 $5,024,453 $5,150,065 $5,278,816 $5,410,787 $5,546,056 $5,684,708 $5,826,825 $2,209,646 $2,286,984 $2,367,028 $2,449,874 $2,535,620 $2,624,366 $2,716,219 $2,811,287 $2,909,682 $3,011,521 $3,116,924 31,030 31,651 32,284 32,929 33,588 34,260 34,945 35,644 36,357 37,084 37,825 105,738 109,438 113,269 117,233 121,336 125,583 129,978 134,528 139,236 144,109 149,153 92,585 95,363 98,224 101,170 104,205 107,332 110,551 113,868 117,284 120,803 124,427 $2,438,999 $2,523,435 $2,610,804 $2,701,207 $2,794,749 $2,891,541 $2,991,694 $3,095,326 $3,202,559 $3,313,517 $3,428,330 $2,112,908 $2,142,269 $2,171,543 $2,200,699 $2,229,704 $2,258,524 $2,287,122 $2,315,460 $2,343,497 $2,371,191 $2,398,496 (1,348,312)(1,348,312)(1,348,312)(1,348,312)(1,348,312)(1,348,312)(1,348,312)(1,348,312)(1,348,312)(1,348,312)(1,348,312) $764,596 $793,957 $823,231 $852,387 $881,392 $910,212 $938,810 $967,148 $995,186 $1,022,879 $1,050,184 (19,225) (19,898) (20,594) (21,315) (22,061) (22,833) (23,632) (24,460) (25,316) (26,202) (27,119) (19,225) (19,898) (20,594) (21,315) (22,061) (22,833) (23,632) (24,460) (25,316) (26,202) (27,119) 0 0 0 0 0 0 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 (19,225)(19,898)(20,594)(21,315)(22,061)(22,833)(23,632)(24,460)(25,316)(26,202)(27,119) $726,146 $754,161 $782,042 $809,757 $837,270 $864,545 $891,545 $893,770 $919,239 $944,274 $968,828 $17,586,596 $17,440,573 $17,280,542 $17,106,571 $16,918,743 $16,717,158 $16,501,935 $16,273,212 $16,043,378 $15,800,808 $15,545,721 0 0 0 0 0 0 0 0 0 0 0 217,050 217,050 217,050 217,050 217,050 217,050 217,050 217,050 217,050 217,050 217,050 (363,073)(377,081)(391,021)(404,878)(418,635)(432,273)(445,773)(446,885)(459,619)(472,137)(484,414) $17,440,573 $17,280,542 $17,106,571 $16,918,743 $16,717,158 $16,501,935 $16,273,212 $16,043,378 $15,800,808 $15,545,721 $15,278,357 $363,073 $377,081 $391,021 $404,878 $418,635 $432,273 $445,773 $446,885 $459,619 $472,137 $484,414 $4,112,031 $3,886,308 $3,646,577 $3,392,906 $3,125,377 $2,844,092 $2,549,170 $2,230,856 $1,895,513 $1,530,670 $1,135,066 137,350 137,350 137,350 137,350 137,350 137,350 127,458 111,543 94,776 76,533 56,753 (363,073)(377,081)(391,021)(404,878)(418,635)(432,273)(445,773)(446,885)(459,619)(472,137)(484,414) $3,886,308 $3,646,577 $3,392,906 $3,125,377 $2,844,092 $2,549,170 $2,230,856 $1,895,513 $1,530,670 $1,135,066 $707,406 Prepared by: Keyser Marston Associates, Inc. Filename: UHC Pro Forma - 07.01.22; Cash Flow; jlr; 7/1/2022 Page 444 of 563 TABLE 5 CASH FLOW ANALYSIS UHC PROJECT PALM DESERT, CALIFORNIA I. Project Income Gross Potential Income - Base Rents Gross Potential Income - PBV Overhang Miscellaneous Income Gross Potential Income (Less) Vacancy & Collection - Base Rents (Less) Vacancy & Collection - PBV Overhang (Less) Vacancy & Collection - Misc. Income Effective Gross Income II. Operating Expenses General Operating Expenses Property Taxes Social Programs Replacement Reserves Total Operating Expenses III. Net Operating Income (Less) Debt Service IV. Available Cash Flow (Less) Asset Management Fee - LP (Less) Asset Management Fee - MGP (Less) Deferred Developer Fee Deferred Developer Fee Balance (Less) Asset Management Fee - AGP V. Cash Flow Available for Distribution VI. City Loan Beginning Balance Accrued Interest (24 Months) Simple Interest (Less) Residual Receipts Payment Ending Balance Nominal Payments (55 Years) PV of Payments XI. Cash Flow to Developer XII. GP Loan Beginning Balance Simple Interest (Less) Residual Receipts Payment Ending Balance Nominal Payments (55 Years) PV of Payments Year 31 Year 32 Year 33 Year 34 Year 35 Year 36 Year 37 Year 38 Year 39 Year 40 Year 41 $3,611,281 $3,701,563 $3,794,103 $3,888,955 $3,986,179 $4,085,833 $4,187,979 $4,292,679 $4,399,996 $4,509,996 $4,622,746 2,631,256 2,697,037 2,764,463 2,833,575 2,904,414 2,977,025 3,051,450 3,127,736 3,205,930 3,286,078 3,368,230 44,301 45,408 46,543 47,707 48,900 50,122 51,375 52,660 53,976 55,325 56,709 $6,286,838 $6,444,009 $6,605,109 $6,770,237 $6,939,493 $7,112,980 $7,290,805 $7,473,075 $7,659,902 $7,851,399 $8,047,684 (180,564) (185,078) (189,705) (194,448) (199,309) (204,292) (209,399) (214,634) (220,000) (225,500) (231,137) (131,563) (134,852) (138,223) (141,679) (145,221) (148,851) (152,573) (156,387) (160,296) (164,304) (168,412) (2,215)(2,270)(2,327)(2,385)(2,445)(2,506)(2,569)(2,633)(2,699)(2,766)(2,835) $5,972,496 $6,121,808 $6,274,854 $6,431,725 $6,592,518 $6,757,331 $6,926,264 $7,099,421 $7,276,906 $7,458,829 $7,645,300 $3,226,016 $3,338,927 $3,455,789 $3,576,742 $3,701,928 $3,831,496 $3,965,598 $4,104,394 $4,248,048 $4,396,729 $4,550,615 38,582 39,354 40,141 40,944 41,762 42,598 43,450 44,319 45,205 46,109 47,031 154,374 159,777 165,369 171,157 177,147 183,347 189,765 196,406 203,281 210,395 217,759 128,159 132,004 135,964 140,043 144,245 148,572 153,029 157,620 162,349 167,219 172,236 $3,547,132 $3,670,062 $3,797,263 $3,928,886 $4,065,082 $4,206,013 $4,351,841 $4,502,739 $4,658,882 $4,820,453 $4,987,641 $2,425,365 $2,451,747 $2,477,590 $2,502,839 $2,527,436 $2,551,318 $2,574,423 $2,596,682 $2,618,025 $2,638,376 $2,657,659 (1,348,312)(1,348,312)(1,348,312)(1,348,312)(1,348,312)(1,348,312)(1,348,312)(1,348,312)(1,348,312)(1,348,312)(1,348,312) $1,077,053 $1,103,435 $1,129,278 $1,154,527 $1,179,124 $1,203,007 $1,226,111 $1,248,370 $1,269,713 $1,290,065 $1,309,347 (28,068) (29,050) (30,067) (31,119) (32,209) (33,336) (34,503) (35,710) (36,960) (38,254) (39,593) (28,068) (29,050) (30,067) (31,119) (32,209) (33,336) (34,503) (35,710) (36,960) (38,254) (39,593) 0 0 0 0 0 0 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 (28,068)(29,050)(30,067)(31,119)(32,209)(33,336)(34,503)(35,710)(36,960)(38,254)(39,593) $992,849 $1,016,284 $1,039,077 $1,061,169 $1,082,498 $1,102,999 $1,122,603 $1,141,240 $1,158,833 $1,175,303 $1,190,569 $15,278,357 $14,998,983 $14,707,891 $14,405,402 $14,091,868 $13,767,669 $13,433,219 $13,088,968 $12,735,398 $12,373,031 $12,002,430 0 0 0 0 0 0 0 0 0 0 0 217,050 217,050 217,050 217,050 217,050 217,050 217,050 217,050 217,050 217,050 217,050 (496,424)(508,142)(519,539)(530,585)(541,249)(551,499)(561,302)(570,620)(579,416)(587,652)(595,285) $14,998,983 $14,707,891 $14,405,402 $14,091,868 $13,767,669 $13,433,219 $13,088,968 $12,735,398 $12,373,031 $12,002,430 $11,624,195 $496,424 $508,142 $519,539 $530,585 $541,249 $551,499 $561,302 $570,620 $579,416 $587,652 $595,285 $707,406 $246,352 $0 $0 $0 $0 $0 $0 $0 $0 $0 35,370 12,318 0 0 0 0 0 0 0 0 0 (496,424)(258,669)0 0 0 0 0 0 0 0 0 $246,352 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Prepared by: Keyser Marston Associates, Inc. Filename: UHC Pro Forma - 07.01.22; Cash Flow; jlr; 7/1/2022 Page 445 of 563 TABLE 5 CASH FLOW ANALYSIS UHC PROJECT PALM DESERT, CALIFORNIA I. Project Income Gross Potential Income - Base Rents Gross Potential Income - PBV Overhang Miscellaneous Income Gross Potential Income (Less) Vacancy & Collection - Base Rents (Less) Vacancy & Collection - PBV Overhang (Less) Vacancy & Collection - Misc. Income Effective Gross Income II. Operating Expenses General Operating Expenses Property Taxes Social Programs Replacement Reserves Total Operating Expenses III. Net Operating Income (Less) Debt Service IV. Available Cash Flow (Less) Asset Management Fee - LP (Less) Asset Management Fee - MGP (Less) Deferred Developer Fee Deferred Developer Fee Balance (Less) Asset Management Fee - AGP V. Cash Flow Available for Distribution VI. City Loan Beginning Balance Accrued Interest (24 Months) Simple Interest (Less) Residual Receipts Payment Ending Balance Nominal Payments (55 Years) PV of Payments XI. Cash Flow to Developer XII. GP Loan Beginning Balance Simple Interest (Less) Residual Receipts Payment Ending Balance Nominal Payments (55 Years) PV of Payments Year 42 Year 43 Year 44 Year 45 Year 46 Year 47 Year 48 Year 49 Year 50 Year 51 Year 52 $4,738,314 $4,856,772 $4,978,191 $5,102,646 $5,230,212 $5,360,968 $5,494,992 $5,632,367 $5,773,176 $5,917,505 $6,065,443 3,452,436 3,538,747 3,627,215 3,717,896 3,810,843 3,906,114 4,003,767 4,103,861 4,206,458 4,311,619 4,419,410 58,126 59,579 61,069 62,596 64,161 65,765 67,409 69,094 70,821 72,592 74,407 $8,248,876 $8,455,098 $8,666,476 $8,883,137 $9,105,216 $9,332,846 $9,566,167 $9,805,322 $10,050,455 $10,301,716 $10,559,259 (236,916) (242,839) (248,910) (255,132) (261,511) (268,048) (274,750) (281,618) (288,659) (295,875) (303,272) (172,622) (176,937) (181,361) (185,895) (190,542) (195,306) (200,188) (205,193) (210,323) (215,581) (220,970) (2,906)(2,979)(3,053)(3,130)(3,208)(3,288)(3,370)(3,455)(3,541)(3,630)(3,720) $7,836,432 $8,032,343 $8,233,152 $8,438,981 $8,649,955 $8,866,204 $9,087,859 $9,315,056 $9,547,932 $9,786,630 $10,031,296 $4,709,886 $4,874,732 $5,045,348 $5,221,935 $5,404,703 $5,593,867 $5,789,653 $5,992,291 $6,202,021 $6,419,092 $6,643,760 47,972 48,931 49,910 50,908 51,926 52,965 54,024 55,105 56,207 57,331 58,477 225,381 233,269 241,434 249,884 258,630 267,682 277,051 286,747 296,784 307,171 317,922 177,403 182,725 188,206 193,853 199,668 205,658 211,828 218,183 224,728 231,470 238,414 $5,160,642 $5,339,658 $5,524,898 $5,716,580 $5,914,927 $6,120,172 $6,332,556 $6,552,326 $6,779,739 $7,015,064 $7,258,573 $2,675,791 $2,692,686 $2,708,254 $2,722,401 $2,735,028 $2,746,032 $2,755,303 $2,762,730 $2,768,192 $2,771,567 $2,772,722 (1,348,312)(1,348,312)(1,348,312)(1,348,312)(1,348,312)(1,348,312)(1,348,312)(1,348,312)(1,348,312)(1,348,312)(1,348,312) $1,327,479 $1,344,374 $1,359,942 $1,374,089 $1,386,716 $1,397,720 $1,406,992 $1,414,418 $1,419,881 $1,423,255 $1,424,411 (40,978) (42,413) (43,897) (45,433) (47,024) (48,669) (50,373) (52,136) (53,961) (55,849) (57,804) (40,978) (42,413) (43,897) (45,433) (47,024) (48,669) (50,373) (52,136) (53,961) (55,849) (57,804) 0 0 0 0 0 0 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 (40,978)(42,413)(43,897)(45,433)(47,024)(48,669)(50,373)(52,136)(53,961)(55,849)(57,804) $1,204,544 $1,217,136 $1,228,251 $1,237,789 $1,245,645 $1,251,712 $1,255,873 $1,258,010 $1,257,999 $1,255,707 $1,250,999 $11,624,195 $11,238,973 $10,847,455 $10,450,380 $10,048,535 $9,642,763 $9,233,957 $8,823,070 $8,411,115 $7,999,166 $7,588,362 0 0 0 0 0 0 0 0 0 0 0 217,050 217,050 217,050 217,050 217,050 217,050 217,050 217,050 217,050 217,050 217,050 (602,272)(608,568)(614,125)(618,894)(622,823)(625,856)(627,937)(629,005)(628,999)(627,853)(625,499) $11,238,973 $10,847,455 $10,450,380 $10,048,535 $9,642,763 $9,233,957 $8,823,070 $8,411,115 $7,999,166 $7,588,362 $7,179,913 $602,272 $608,568 $614,125 $618,894 $622,823 $625,856 $627,937 $629,005 $628,999 $627,853 $625,499 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Prepared by: Keyser Marston Associates, Inc. Filename: UHC Pro Forma - 07.01.22; Cash Flow; jlr; 7/1/2022 Page 446 of 563 TABLE 5 CASH FLOW ANALYSIS UHC PROJECT PALM DESERT, CALIFORNIA I. Project Income Gross Potential Income - Base Rents Gross Potential Income - PBV Overhang Miscellaneous Income Gross Potential Income (Less) Vacancy & Collection - Base Rents (Less) Vacancy & Collection - PBV Overhang (Less) Vacancy & Collection - Misc. Income Effective Gross Income II. Operating Expenses General Operating Expenses Property Taxes Social Programs Replacement Reserves Total Operating Expenses III. Net Operating Income (Less) Debt Service IV. Available Cash Flow (Less) Asset Management Fee - LP (Less) Asset Management Fee - MGP (Less) Deferred Developer Fee Deferred Developer Fee Balance (Less) Asset Management Fee - AGP V. Cash Flow Available for Distribution VI. City Loan Beginning Balance Accrued Interest (24 Months) Simple Interest (Less) Residual Receipts Payment Ending Balance Nominal Payments (55 Years) PV of Payments XI. Cash Flow to Developer XII. GP Loan Beginning Balance Simple Interest (Less) Residual Receipts Payment Ending Balance Nominal Payments (55 Years) PV of Payments Year 53 Year 54 Year 55 $6,217,079 $6,372,506 $6,531,818 4,529,895 4,643,142 4,759,221 76,267 78,173 80,128 $10,823,240 $11,093,821 $11,371,167 (310,854) (318,625) (326,591) (226,495) (232,157) (237,961) (3,813)(3,909)(4,006) $10,282,078 $10,539,130 $10,802,609 $6,876,291 $7,116,962 $7,366,055 59,647 60,840 62,057 329,049 340,566 352,486 245,567 252,934 260,522 $7,510,554 $7,771,301 $8,041,119 $2,771,524 $2,767,829 $2,761,489 (1,348,312)(1,348,312)(1,348,312) $1,423,212 $1,419,517 $1,413,177 (59,827) (61,921) (64,088) (59,827) (61,921) (64,088) 0 0 0 $0 $0 $0 (59,827)(61,921)(64,088) $1,243,731 $1,233,754 $1,220,912 $7,179,913 $6,773,445 $6,359,771 0 0 0 215,397 203,203 190,793 (621,865)(616,877)(6,550,564) $6,773,445 $6,359,771 $0 $621,865 $616,877 ($5,329,652) $0 $0 $0 0 0 0 0 0 0 $0 $0 $0 Prepared by: Keyser Marston Associates, Inc. Filename: UHC Pro Forma - 07.01.22; Cash Flow; jlr; 7/1/2022 Page 447 of 563 DRAFT 07/05/2022 P6401-0001\2546752v6.doc RESOLUTION NO. HA-________ A RESOLUTION OF THE PALM DESERT HOUSING AUTHORITY APPROVING A CONDITIONAL AGREEMENT REGARDING CROSSINGS AT PALM DESERT BETWEEN THE AUTHORITY AND URBAN HOUSING COMMUNITIES, INC., APPROPRIATING FUNDS IN CONNECTION THEREWITH, AND TAKING RELATED ACTIONS RECITALS: A. Pursuant to AB X1 26 (enacted in June 2011) and the California Supreme Court’s decision in California Redevelopment Association, et al. v. Ana Matosantos, et al., 53 Cal. 4th 231 (2011), the former Palm Desert Redevelopment Agency (the “Former Agency”) was dissolved as of February 1, 2012, the Successor Agency to the Palm Desert Redevelopment Agency (the “Successor Agency”), as the successor entity to the Former Agency, was constituted, and a board of the Successor Agency (the “Board”) was established. B. AB X1 26 added Part 1.8 (commencing with Section 34161) and Part 1.85 (commencing with Section 34170) to Division 24 of the California Health and Safety Code (“HSC”) (such Parts 1.8 and 1.85, including amendments and supplements enacted after AB X1 26, being referred to herein as the “Dissolution Act”). C. Pursuant to HSC Section 34176(b), the City Council of the City of Palm Desert (the “City”) adopted Resolution No. 2012-07, electing for the City to not retain the responsibility for performing housing functions previously performed by the Former Agency, and determining that all of the assets, as allowed by law, and all rights, powers, liabilities, duties, and obligations associated with the housing activities of the Former Agency be transferred to the Palm Desert Housing Authority (the “Authority”). D. The Urban Housing Communities, Inc. (the “Developer”) owns approximately +/- 11.8-acre portion of real property located in the City on Dick Kelly Drive and identified as APN 694-130-017, 694-130-018, 694-130-019, 694-130-020 (the “Property”) and proposes to construct thereon a 176-unit multi-family residential apartment community for households with incomes up to 80% of the area median income (the “Project”). The Property is described in Exhibit “A”, attached hereto and incorporated herein. E. The Developer has submitted a funding request to the Authority to make a loan to the Developer in the amount of $7,235,000.00 (the “Loan”) to assist the Developer in the development of the Project. The Project is intended to be funded by leveraging multiple funding sources including four percent (4%) tax exempt bond proceeds, Federal tax credits, State tax credits, and County of Riverside housing vouchers, deferred developer fees and the Loan. G. The Authority, as the housing successor to the Former Agency, wishes to approve the Conditional Agreement Regarding Crossings at Palm Desert between the Page 448 of 563 RESOLUTION NO. _____ 2 P6401-0001\2546752v6.doc Authority and the Developer attached hereto as Exhibit “B” and incorporated herein by reference (the “Agreement”) which provides for the Authority to make the Loan to the Developer subject to the terms and conditions therein. NOW, THEREFORE, THE PALM DESERT HOUSING AUTHORITY DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The above recitals, and each of them, are true and correct and are a substantive part of this Resolution. Section 2. The Agreement, in the form attached hereto as Exhibit “B”, is hereby approved. The Executive Director of the Authority is hereby authorized to execute and deliver, for and in the name of the Authority, the Agreement in substantially such form, with such changes thereto as the Executive Director, in consultation with the Authority legal counsel, may deem appropriate or necessary and consistent with the purposes of this Resolution (such approval to be conclusively evidenced by the execution and delivery thereof). Section 3. The Developer is hereby authorized to submit, an application, including the Agreement, to the California Debt Allocation Committee for an allocation of four percent (4%) tax-exempt bond proceeds, to the California Tax Credit Allocation Committee for Federal tax credits and State tax credits, and the Riverside County Housing Authority for project based vouchers, as described in the Agreement. Section 4. The Director of Finance is hereby authorized to appropriate $7,235,000 from Unobligated Housing Asset Fund Balance to the appropriate budget line item. Section 5. The Authority will not be bound by the Agreement or otherwise with respect to assisting the Project unless the Federal and State tax credits and project based vouchers shall have been awarded to the Project, all other conditions described in the Agreement shall have been satisfied, and all documents pertaining thereto (including, without limitation, the loan documentation pertaining to the proposed construction and permanent loans) shall have been submitted in final form and approved by the Board, and the Board authorizes their execution and delivery, as appropriate. Section 6. The members of this Board and the staff of the Authority are hereby authorized, jointly and severally, to do all things which they may deem necessary or proper to effectuate the purposes of this Resolution, including negotiating and preparing agreements and documents, and any such actions previously taken are hereby ratified and confirmed. Page 449 of 563 RESOLUTION NO. _____ 3 P6401-0001\2546752v6.doc PASSED, APPROVED and ADOPTED ON THIS 14th day of July 2022, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: _________________________________ JAN C. HARNIK, CHAIRMAN ATTEST: ________________________________ ANTHONY J. MEJIA, SECRETARY PALM DESERT HOUSING AUTHORITY Page 450 of 563 RESOLUTION NO. HA-_________ DRAFT P6401-0001\2546752v6.doc EXHIBIT “A” The Land referred to herein below is situated in the City of Palm Desert, County of Riverside, State of California, and is described as follows: Page 451 of 563 RESOLUTION NO. HA-_________ DRAFT P6401-0001\2546752v6.doc EXHIBIT “B” CONDITIONAL AGREEMENT Page 452 of 563 DRAFT 12812-0001\2546583v7.doc Mark Bigley Urban Crossings Communities, Inc. 2000 E Fourth Street Santa Ana, CA 92705 Re: Conditional Agreement Regarding Crossings at Palm Desert (“Conditional Agreement”) Dear Mr. Bigley: The Palm Desert Housing Authority (the “Housing Authority”), has approved a request from your firm, Urban Housing Communities, Inc. (“UHC”), to finance a loan for the construction on a +/- 11.8-acre parcel comprised of APNs 694-130-017, 694-130-018, 694-130-019, 694-130-020 (the “Property”), located on Dick Kelly Drive, in the total amount of Seven Million Two Hundred Thirty-Five Thousand Dollars ($7,235,000.00) (the “Housing Authority Loan”) for the development of a 176-unit multi-family apartment community located on the Property and known as the Crossings at Palm Desert Apartments (the “Project”). As of July 14, 2022 the Authority has conditionally approved the Housing Authority Loan to UHC, subject to the following: 1. Project. The Project will be operated for a period of fifty-seven (57) years following the date of completion of the Project and issuance of a certificate of occupancy to provide affordable rental housing to extremely-low, very-low and low income households in accordance with the affordability restrictions contained in the Loan Documents (as defined below) and in accordance with the four percent (4%) tax-exempt bonds, Federal tax credits, State tax credits and project based vouchers to be used the Project. To the extent necessary, the Housing Authority shall subordinate the deed of trust securing the Housing Authority Loan to the liens and encumbrances of the Project’s construction and permanent lenders. The Housing Authority will not subordinate its interests in the regulatory agreement referenced in Section 3 below to the liens or encumbrances of the Project’s construction and permanent lenders. 2. Project Owner. The Project owner shall be a California limited partnership whose administrative general partner is controlled by UHC or its affiliates. 3. Housing Authority Loan Documents. The proposed structuring of the Housing Authority Loan will be evidenced by, among other things, a loan and development agreement (the “Loan Agreement”), promissory note, deed of trust and regulatory agreement, (collectively, the “Loan Documents”), each in form and substance acceptable to the Housing Authority and its counsel, and executed by the Project owner and the Housing Authority as applicable. 4. Housing Authority Loan Terms. The Housing Authority Loan shall have a term of fifty-seven (57) years, commencing as of the effective date of the Loan Agreement Page 453 of 563 Mark Bigley, President Urban Housing Communities, Inc. Page 2 -2- 12812-0001\2546583v7.doc and shall bear interest at three percent (3%) per annum compounded monthly, during the development period and simple interest at three percent (3%) per annum during the operation of the Project. The Housing Authority Loan shall be repaid from fifty-percent (50%) of the Project’s residual receipts remaining after payment of fees (including deferred developer fees, investor fees, partnership fees, and management fees), debt service and operating expenses. 5. Affordability Restrictions. The affordability restrictions that will be placed on the Project by the Housing Authority will be in accordance with California Health and Safety Code Section 50053 as follows: a. Five (5) one-bedroom, thirty-seven (37) two-bedroom and fifty-one (51) three-bedroom units will be restricted to extremely low income households with incomes that do not exceed thirty percent (30%) of the area median income for Riverside County, adjusted for family size (“AMI”) at affordable rents; b. Twenty-four (24) one-bedroom and twenty-three (23) two-bedroom units will be restricted to lower income households with incomes that do not exceed fifty-nine percent (59%) of the AMI at affordable rents; c. Fifteen (15) one-bedroom and twenty (20) two-bedroom units will be restricted to lower income households with incomes that do not exceed eighty percent (80%) of the AMI at affordable rents; and d. One (1) three-bedroom unit will be unrestricted and used as an onsite manager’s unit. 6. Construction and Permanent Lender Loan Documents. The loan documentation pertaining to the proposed construction and permanent loans to finance the Project, and all related instruments, shall be submitted to the Housing Authority for its approval and shall be in form and substance acceptable to, and approved by, the Board of the Housing Authority and its counsel. 7. Award of Tax-Exempt Bond Proceeds, Federal Tax Credits, State Tax Credits, and Project Based Vouchers. Prior to closing and funding of the Housing Authority Loan, the Project shall have all of its funding sources committed. This includes but is not limited to the Project having awarded an allocation of four percent (4%) tax- exempt bond proceeds, Federal tax credits, State tax credits, project based vouchers, and any other funding source. 8. No Third Party Beneficiaries. This Conditional Agreement is solely for the benefit of the Housing Authority and UHC, and shall not inure to the benefit of, or be relied upon by, any other person or entity. 9. Term of Conditional Agreement. This Conditional Agreement shall terminate on November 15, 2023, if prior to such date the Housing Authority Loan shall not have closed and been funded as provided herein. Notwithstanding the foregoing, the Page 454 of 563 Mark Bigley, President Urban Housing Communities, Inc. Page 3 -3- 12812-0001\2546583v7.doc Executive Director may, in his or her sole discretion, extend the termination date for period of twelve (12) months. 10. Counterparts. This letter may be executed in counterparts, with the same effect as if each counterpart were an original document. Very truly yours, Palm Desert Housing Authority By: Name: L. Todd Hileman Its: Executive Director AGREED TO BY URBAN HOUSING COMMUNITIES, INC.: By: Mark Bigley President Date: , 2022 Page 455 of 563 Page 456 of 563 Page 457 of 563 Page 458 of 563 PALM DESERT HOUSING AUTHORITY HOUSING ASSET FUND PLAN FOR PROJECTS RESERVED-COMMITTED-PROPOSED NO.PROJECT OWNER NO. OF UNITS BEING PROVIDED INCOME LEVELS MET AMOUNT BEING FINANCED PER UNIT ASSISTANCE ALLOCATION DESIGNATED TO ASSIST Fund Balance Estimated as of 7/7/2022 (Cash/Bonds)² $43,150,000 OBLIGATED 1 PDHA Properties, CIP¹PDHA Varies <120% AMI $5,000,000 N/A Estimated for PDHA Capital Improvement for all (15) properties (i.e., Roofs, renovations/rehabilation, etc.) 2 Arc Village³ (Future)PDHA 35 <60% AMI $9,860,616 $273,906 TBD Estimated Based on Carlos Ortega Villas per unit cost $273,906 (~$232,124*3% CIP cost increase/year for 6 years) Coming Late 2022 3 Sagecrest II³ (Future)PDHA 27 <30%, <50%, <80% AMI $7,669,368 $273,906 TBD Estimated Based on Carlos Ortega Villas per unit cost $273,906 (~$232,124*3% CIP cost increase/year for 6 years) Coming 2023 4 Portola Palms Mobile Home (Future) PDHA 2 <80%AMI $600,000 $300,000 PDHA Owns two vacant mobile home lots, will be developed to be turnkey with new mobile home permanently installed Coming 2023 TOTAL $23,129,984 APPROVED 5 Pacific West Communities SARDA 267 <30%, <50%, <80% AMI $6,030,000 $22,584 Land Acquisition, Developer Impact Fee, Construction Entitlement Approved, August 26, 2022 Loan Commitment Approved, August 26, 2022 TOTAL $6,030,000 PROPOSED 6 UHC Communities Private 175 <30%, <50%, <80% AMI $7,235,000 $41,343 Developer Impact Fee and Construction Costs Entitlement Approved, July 5, 2022 TOTAL $7,235,000 Estimated Balance Remaining $6,755,016 This balance will be the only remaining amount to assist any new future developments requests. ¹ Funds to cover PDHA CIP costs are finite and have no future revenue source other than potential positive NOI ² The current estimated Fund Balance as of 7/7/2022 is the only source currently available to assist private developments, maintain affordability covenants, programs, and support major renovation costs at the properties. This fund does not have an ongoing revenue source, other than minimal loan payoff's that are used to assist new qualified buyers. There may be an additional deposit from the former RDA for FY21/22, but there is no guarantee. ³ The estimate for Arc Village and Sagecrest are included above as the most unfavorable option where the Housing Authority has to build the two communities. The ideal option is for a developer to build and own. In that case, the estimated unit cost would be based on Carlos Ortega Villas per unit cost $273,906 (~$232,124*3% CIP cost increase/year for 6 years). July 7, 2022 Page 1 of 1 Page 459 of 563 [This page has intentionally been left blank.] Page 460 of 563 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 14, 2022 PREPARED BY: Eric Ceja, Director of Economic Development REQUEST: CONSIDERATION OF A REQUEST FROM PALM DESERT AREA CHAMBER OF COMMERCE FOR SPONSORSHIP OF FOUR SIGNATURE EVENTS FOR 2022/2023 FISCAL YEAR IN THE TOTAL AMOUNT OF $38,500, PLUS $15,000 IN-KIND SERVICES RECOMMENDATION: 1. Appropriate an additional $17,500 from Unassigned General Fund Reserves to City Sponsored Events Account Number 1104800-4302601 to accommodate the total funding request from PDACC; and 2. Authorize a maximum of $15,000 for in-kind services (traffic control and public safety) for the Palm Desert Golf Cart Parade; and 3. Authorize the City Manager to execute any documents that may be necessary to facilitate the events and sponsorships to effectuate the actions taken herewith. BACKGROUND/ANALYSIS: The PDACC has submitted a request for $38,500 in City sponsorship for four (4) signature events, including: - State of the City ($6,500) - Business Awards and Installation ($3,500) - 58th Annual Palm Desert Golf Cart Parade ($25,000 + $15,000 in-kind services) - Peace Officer & Public Safety Awards (P.O.P.S.) ($3,500) With the sponsorships, the City receives “Title Sponsorship”, which includes tables with seating for up to 10, five (5) golf cart float entries, and 10 VIP area seats for the golf cart parade. Historically, the City has provided funding in support of the PDACC and their signature events. Staff has provided a worksheet highlighting the total funds provided to the PDACC over the past seven (7) years. Not accounting for 2021/22 budget, which provided zero funds during the COVID-19 restrictions, the average annual contribution has been over $41,300 in the previous five years. Strategic Plan: • Economic Development – Priority 3: “Create and attract entertainment and events to enhance and expand the Palm Desert economy and lifestyle.” • Economic Development – Priority 4: “Expand and raise awareness of business-friendly services in order to retain and attract business.” Page 461 of 563 City of Palm Desert PDACC – Sponsorship Request Page 2 of 2 • Land Use, Housing & Open Space – Priority 1: “Enhance Palm Desert as a first-class destination for premier shopping and national retail businesses.” • Tourism and Marketing – Priority 1: “Improve access to Palm Desert and its attractions to enhance the ease of lifestyle.” FINANCIAL IMPACT: For fiscal year 2022/23, the City has budgeted $21,000 in support of the four signature events. However, to fully support the PDACC request, the City Council would need to appropriate an additional $17,500 from unassigned General Fund Reserves. PDACC Request for Funding Event FY 22/23 Budget 6/27/22 Request Increased Request State of the City 2,000 6,500 4,500 Business Awards 2,000 3,500 1,500 Golf Cart Parade* 15,000 25,000 10,000 Peace Officer Public Safety 2,000 3,500 1,500 Total 21,000 38,500 17,500 *in-kind services requested at $15,000 REVIEWED BY: Department Director: Eric Ceja Finance Director: Veronica Chavez Assistant City Manager: Andy Firestine City Manager: L. Todd Hileman ATTACHMENTS: 1. Sponsorship Request from PDACC 2. PDACC Historical Funding Page 462 of 563 Page 463 of 563 Page 464 of 563 Page 465 of 563 Page 466 of 563 Page 467 of 563 Page 468 of 563 Fiscal Year Total Membership^ Individual Event Seats Event Sponsorships Board Planning Other In-Kind Services* 2016/2017 43,055.00$ 300.00$ 1,310.00$ 40,900.00$ 545.00$ 19,409.61$ 2017/2018 45,891.16$ 800.00$ 1,150.00$ 43,851.16$ 90.00$ 19,409.61$ 2018/2019 46,395.17$ 900.00$ 3,284.00$ 42,055.00$ 156.17$ 19,409.61$ 2019/2020 46,270.00$ 1,200.00$ 1,470.00$ 43,600.00$ -$ 2,693.75$ -$ 2020/2021 25,135.00$ 135.00$ 25,000.00$ 19,409.61$ 2021/2022 -$ 2022/2023 38,500.00$ 38,500.00$ 15,000.00$ Amount considered but not approved Seven Year Breakdown of City Support to Chamber Page 469 of 563 [This page has intentionally been left blank.] Page 470 of 563 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 14, 2022 PREPARED BY: Eric Ceja, Director of Economic Development REQUEST: REESTABLISH AND FUND THE “INVEST PALM DESERT” ECONOMIC DEVELOPMENT INCENTIVE PROGRAM RECOMMENDATION: 1. Adopt a Resolution reestablishing and implementing the Invest Palm Desert Economic Development Incentive Program; and 2. Re-Allocate $650,000 from Unite Palm Desert (Acct. No. 4254430-4393000) to Invest Palm Desert (Acct. No. 4254430-4387500) BACKGROUND: In January 2020, the City Council approved the establishment and implementation of the “Invest Palm Desert Economic Development Incentive Program” (Invest Palm Desert) and allocated $2,000,000 from the Economic Development Reserve Fund in support of the program. However, in May 2020, the City Council repurposed the program to “Unite Palm Desert Business Support” (Unite Palm Desert) for economic relief to Palm Desert businesses adversely impacted by the COVID-19 public health emergency. To date, the Unite Palm Desert program has provided approximately $1,350,000 in support to Palm Desert businesses. A balance of approximately $650,000 is available for Unite Palm Desert; however, businesses have adapted through COVID-19 and many of the previous business restrictions are no longer in place, and no new requests for Unite Palm Desert funding have been received in 2022. With $650,000 available to support economic development, staff recommends that those funds be re-allocated to the Invest Palm Desert Program. The Invest Palm Desert program provides a targeted and marketable programmatic source of funds for the attraction, expansion, and retention of economic development activity in the City. Focused on six (6) key areas of economic development, including: - Development and Plan Check Fee Rebate - Capital Improvements Grant - High Wage “Move-in” Incentives - Site Specific Revenue Sharing - New Development Project Assistance - Other The programs focus on properties located within the Desert Willow Golf Resort, University Park, Downtown, Commercial, and Industrial zoned properties. Lastly, there is a 2:1 funding program for capital improvements provided for property redevelopment along the San Pablo Avenue corridor. Page 471 of 563 City of Palm Desert Invest Palm Desert Economic Development Incentive Program Page 2 of 3 With the adoption of Resolution 2020-14, the Invest Palm Desert program expired on June 1, 2022. By rescinding Resolution 2020-14, and adopting the attached resolution, the program can be extended indefinitely as staff is not recommending an expiration date of the program. Instead, staff proposes an annual review of the program to expand or contract incentives as necessary. Application Process and Eligibility Applicants must identify financial need and the purpose for public consideration of their funding request. Applicants and projects must either currently operate, plan to operate, or otherwise be located in Palm Desert within the designated area. Applicants must initiate projects within six (6) months of funding. Applicants will fill in an application and submit to the Economic Development Director, who reviews the application for eligibility and qualifications in the program. The applicant is then identified as a qualified candidate for the incentive program or is denied (denial may be appealed to the City Manager). Economic Development staff will then bring a report to the City Council to seek approval of qualifications in the incentive program. The applicant must then secure all other City approvals, including submitting project applications to Planning/Land Development and the Permit Center. Economic Development Subcommittee On June 29, 2022, staff presented restating the Invest Palm Desert program and reprogramming funds from Unite Palm Desert to the Economic Development Subcommittee. The subcommittee was very supportive of transitioning the funding back and restating the Invest Palm Desert program, particularly, as new development opportunities are presenting themselves along the San Pablo Avenue and Highway 111 corridors. Strategic Plan: • Economic Development – Priority 3: “Create and attract entertainment and events to enhance and expand the Palm Desert economy and lifestyle.” • Economic Development – Priority 4: “Expand and raise awareness of business-friendly services in order to retain and attract business.” • Land Use, Housing & Open Space – Priority 1: “Enhance Palm Desert as a first-class destination for premier shopping and national retail businesses.” • Tourism and Marketing – Priority 1: “Improve access to Palm Desert and its attractions to enhance the ease of lifestyle.” FINANCIAL IMPACT: There is no additional fiscal impact to the General Fund or Economic Development Special Fund; however, the request does require the City Council to reallocate funds from Acct. No. 4254430-4393000 to Acct. No. 4254430-4387500 in support of the Invest Palm Desert program. Page 472 of 563 City of Palm Desert Invest Palm Desert Economic Development Incentive Program Page 3 of 3 REVIEWED BY: Department Director: Eric Ceja Finance Director: Veronica Chavez Assistant City Manager: Andy Firestine City Manager: L. Todd Hileman Attachment: 1) Resolution Page 473 of 563 Resolution No. RESOLUTION NO.___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING RESOLUTION 2020-14 AND APPROVING RESOLUTION NO. ________ , REESTABLISHING THE "INVEST PALM DESERT" ECONOMIC DEVELOPMENT INCENTIVE PROGRAM WHEREAS, since the elimination of redevelopment, which provided numerous tools and strategies to further the elimination of blight and stimulate economic growth, cities throughout California have struggled to find creative ways of stimulating economic development within their jurisdiction; WHEREAS, the State Legislature approved SB 470 (Chap 659, Wright) in 2013 which states it is the intent of the Legislature to (a) promote economic development on a local level so that communities can enact local strategies to increase jobs, create economic opportunity, and generate tax revenue for all levels of government; (b) give local governments tools, at no cost to the state, that allow local governments to use their funds in a manner that promotes economic opportunity; and (c) cities need to continue certain powers afforded to redevelopment agencies that were critical to economic development. WHEREAS, SB 470 declared to be the policy of the state: (a) to protect and promote the sound development of economic opportunity in cities and the general welfare of the inhabitants of those communities through the employment of all appropriate means; and (b) that whenever the creation of economic opportunity in cities cannot be accomplished by private enterprise alone, without public participation and assistance in the acquisition of land, in planning and in the financing of land assembly, in the work of clearance, and in the making of improvements necessary therefor, it is in the public interest to advance or expend public funds for these purposes, and to provide a means by which economic opportunity can be created. WHEREAS, SB 470 explicitly authorizes a city to establish a program under which it loans funds to owners or tenants for the purpose of rehabilitating commercial buildings or structures. WHEREAS, the City of Palm Desert, like many other communities in California, has struggled to find innovative strategies to further economic growth within the City, which has seen a decline in staff, services, and other resources; WHEREAS, the City has also experienced ever-increasing rates of vacancies in commercial and retail establishments along major corridors of the City, as existing businesses, once thriving and benefitting from the use of tax increment financing, face dwindling economic activity and depressed conditions; WHEREAS, the City believes that retaining and improving the tax base of the city is critical to the economic growth of the City and provides a clear benefit to residents who utilize city services and programs; Page 474 of 563 Resolution No. WHEREAS, on January 24, 2019 the City Council of the City of Palm Desert adopted their 2019 Annual Goals that included direction to the City Manager to establish and promote a business incentive program that would stimulate economic development in the City of Palm Desert; WHEREAS, Resolution 2020-14 approved the Invest Palm Desert program until June 1, 2022, and the City Council desires to reestablish the program in perpetuity; WHEREAS, the City of Palm Desert General Plan identifies transformative Focus Areas which call for redevelopment and reinvestment to create a town with great neighborhoods, anchored by a true and vibrant downtown; WHEREAS, the City Council of the City of Palm Desert wishes to use its authority and power in order to provide any number of incentives, including but not limited to, fee moratorium, loans, grants, and other various financial and non- financial incentive programs for the benefit of Citywide community and economic development, which will, in turn, increase its tax base and serve the economic well- being of the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert as follows: SECTION 1. That the City Council of the City of Palm Desert approves the "Invest Palm Desert - the City of Palm Desert Incentive Program" (the "Incentive Program") as described in Exhibit A, and accompanying Exhibits. SECTION 2. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. SECTION 3 This Resolution shall authorize the City Manager to implement the Incentive Program and all its administrative requirements SECTION 4 This resolution shall authorize the Finance Director to re-allocate funds from Unite Palm Desert (Acct. No. 4254430-4393000) to Invest Palm Desert (Acct. No. 4254430-43875000) [SIGNATURES TO FOLLOW ON THE NEXT PAGE] Page 475 of 563 Resolution No. APPROVED and ADOPTED this _____ day of _________________ 2022. AYES: NOES: ABSENT: ABSTAIN: JAN C. HARNIK , MAYOR ATTEST: ANTHONY J. MEJIA , CITY CLERK Page 476 of 563 Resolution No. EXHIBIT A City of Palm Desert Incentives Program In order to encourage community and economic development that meet specified criteria, the City of Palm Desert establishes the following program: "Invest Palm Desert - The City of Palm Desert Incentive Program" (the "Incentive Program"). The Incentive Program is established to enhance the City's ability to promote economic development, facilitate the growth of Palm Desert businesses and housing that provide high quality jobs and a strong economic base to support services to its residents, aid in the diversification of the City's economy, and promote an improved quality of life within the City. Questions regarding this program should be directed to the City's Economic Development Director at 760-346-0611. A. Minimum Eligibility Criteria In order to be eligible for the Incentive Program, an applicant must meet the following criteria: 1. Be a business, business owner, lessor, developer or real property owner within the boundaries of the City of Palm Desert, and in good standing with the City of Palm Desert. Improvements must be of architectural significance or must add a minimum of 20% of the current square footage of an existing location, or 1,000 square feet. 2. The business, project or development must be located or provide evidence that it will locate within the Desert Willow Golf Resort, University Park or the following zoning districts within the boundaries of the City of Palm Desert; Downtown ("O"), Downtown Overlay ("DO"), Downtown Edge ("DE"), Planned Commercial ("PC") or Service Industrial ("SI"). 3. Demonstrate financial need and offer a clear state of public purpose for participation and consideration to the City in the Incentive Program, including documentation demonstrating a feasibility gap analysis, project shortfalls or other evidence stating the public purpose for participation in the Incentive Program. The applicant must recognize that participation in the program will trigger prevailing wage. 4. Satisfy at least one of the two of following criteria (and meet program category criteria): a. 1 new permanent full-time jobs with salaries equal to or greater than 100% of the most recently published Area Median Income (AMI) for a 1- Page 477 of 563 Resolution No. person household in Riverside County, as reported by the California Department of Housing and Community Development (HCD) per $100,000 of incentive; or b. 2 new permanent full-time jobs with salaries equal to or greater than 90% of the most recently published AMI for 1-person household in Riverside County as reported by HCD per $100,000 of incentive. 5. Applicants must receive their entitlements and associated permits after the date of adoption of this resolution by the City Council. 6. Applicants must agree to commence their improvements within 6-months of funding approval from the City. In the event an applicant is approved for an incentive and does not commence improvements prior to that time, the applicant forfeits the entirety of the awarded incentive. B. Incentives (subject to "Requirements and Limitations" in Section E.) 1. Development & Plan Check Fee Rebate: Applicants may request a rebate of certain City-administered development fees in an amount not to exceed 100% of the total City development fees typically required by the applicant and depending on the character of the project. The amount of applicant's fees to be rebated will be calculated rebated to the applicant upon completion of the project. Fees that may be reduced are: a. Initial or Expedited Plan Check Fees b. Planning Fees c. Certain Development Fees 2. Capital Improvements Grant: Applicants may apply for a matching grant of 1:1 from the City up to a dollar amount that totals 50% of the requested hard costs of permanent capital improvements or rehabilitation. Permanent capital improvements can include elements such as facade enhancements, interior capital improvements, or other hard costs associated with rehabilitation, renovation or redevelopment of a commercial or industrial building or structure. The improvements must be constructed within the zoning districts defined in Section A, herein. Approval of participation and terms of the Capital Improvements Grant program is at the sole and case-by-case discretion of the City Council. a. The San Pablo Capital Improvements Grant: For properties located along the San Pablo commercial corridor improvements (within in zoning districts Downtown ("D"), Downtown Edge ("DE") and Downtown Overlay ("DO") Hwy 111 and Fred Waring Drive, and with a portion of site frontage along San Pablo Avenue and located within attached map, Exhibit B, a matching grant of 2:1 up to a dollar amount that totals up to Page 478 of 563 Resolution No. 66% requested hard costs of permanent capital improvements or rehabilitation will be considered. b. A lien will be placed upon the real property associated with the project. In addition to the other requirements listed herein, the applicant must continue to own and operate the project for a minimum of five years from the date of Certificate of Occupancy. In the event the applicant does not perform in accordance with the stated terms of the Incentive Agreement, the property owner will be required to refund the City an amount prorated to the number of days deficient of the Incentive Program requirements. c. In no case shall the City's contribution exceed $500,000 to an individual project within the Capital Improvements Grant, and in no case shall the City's Contribution exceed $200,000 within the San Pablo Capital Improvements Grant. 3. High Wage "Move In" Incentive: The City may consider on a case-by-case basis providing assistance to business that relocate their headquarters operations into Palm Desert from outside the City or to entities from the Palm Desert iHub that locate their HQ operations in the City. The City may provide assistance: a. In the form of moving assistance of $25,000 per employee (in no case shall the amount of incentive exceed $500,000). The tech business must relocate its headquarters operation in its entirety and remain in operation as a headquarters in its entirety for a minimum of five years. The business will retain its count of employees for a minimum of five years. Payments will be paid in arrears after providing documentation of the following: i. Jobs must pay 150% of average wage in Palm Desert as of January 1, 2020 ($48,880 x 150% = $73,200). Applicant is required to provide evidence of such salar(ies) in the form of an anonymized salary roll certified by a third party accountant and delivered for review to the City Finance Director. Applicant for Tech invocation incentives must provide evidence of business operations matching NAICS code(s) in the list in Exhibit C herein. Applicants that operate a business with a NAICS code not listed must provide a statement of purpose which clearly identifies the business as tech-based. Approval of participation and terms of the tech innovation incentive is at the sole and case-by-base discretion of the City Council. 4. Site Specific Revenue Sharing: Applicants may apply for a partial rebate of new incremental revenue generated by the Applicants business at a specified development site. Page 479 of 563 Resolution No. Rebates will be conditioned on City's receipt of the new incremental tax revenue and will be calculated based on the actual revenues for the Applicant's business received by the City. Approval of participation and terms of the Site Specific Revenue Sharing program is at the sole and case-by-case discretion of the City Council. 5. New Development Project Assistance The City may consider on a case-by-case basis providing assistance with new development projects that include, but are not limited to, land purchase assistance, gap financing, and other public infrastructure investments that create, support or enhance the public uses of the project. Approval of participation and terms of the New Development Project Assistance program is at the sole discretion of the City Council. 6. Ongoing & Other Incentives: The City may provide additions and subtractions to the Incentive Program from time-to-time, the terms of which will be provided at the time of approval. C. Application Procedures and Review Process: 1. Any existing Palm Desert business, real property or building owner, lessor (with owner approval) meeting the minimum eligibility qualifications identified in Section A may submit an Incentive Application along with a written proposal to the Economic Development Director. The proposal shall: a. Highlight the public purpose and consideration to the City (i.e., jobs, elimination of hazardous condition, etc.) and clearly identify the project finance gap, if present. b. Provide a general description of the proposed project, type of business, location, number and type of jobs existing and to be added, projected tax revenue generation (see Section B for qualifying revenue sources), and any other criteria the City may use to evaluate the public benefit of the proposed project. This may include both financial benefits as well as enhancements to the community's overall quality of life and diversification of the City's economic base. b. Financial summary of the project including, total cost of project, including separate identification of hard costs and soft costs and any other costs associated. c. A preliminary financial plan, whether the project is funded by equity, or debt, or a combination of both. d. Address of the required qualifications of Section A that are being proposed. Page 480 of 563 Resolution No. e. Identify the incentives requested and the estimated value of each requested. 2. Upon receipt of the proposal, the City Manager will review the request and forward a copy of the application to the Economic Development Director for review. The Economic Development Department will complete a fiscal analysis and review the application and proposal along with the requested incentives. 3. Based upon the fiscal analysis and review of project by the Director of Finance, City Attorney and various other City staff, negotiation with the applicant, and consideration of the overall public benefit of the proposal and proposed incentives the Economic Development Director shall prepare a proposed incentive package qualification report for City Manager or City Council consideration and approval. D. Value of Incentives and Approval Process: 1. The total value of the incentives offered to the applicant will depend on the particular attributes of each proposal, and shall be determined on a case-by- case basis, with importance placed on the public economic benefits that will accrue to the City by expansion of the existing business or employees. The City retains the right in its sole discretion to reject any proposal. 2. After review of the application by the City's Economic Development Department shall perform an analysis of the applicant's requested incentives. Applicants are encouraged to provide economic impact studies or analysis for the City's consideration. The City may undertake those studies or analyses at the City's or, with consent of the applicant, applicant's cost (to be deducted from the amount received by the applicant and/or reimbursed to the applicant from the City). 3. After review by the Economic Development Director, recommendations will be provided to the City Manager or City Council for further qualification consistent with the Incentive Program and any applicable laws. If the applicant meets the criteria established by Section A of Incentive Program and sufficient information is gathered to justify the City's provision of an incentive package, the Economic Development Director shall cause to be prepared an Incentives Funding Agreement that shall be signed by the City Manager, or Mayor, as applicable. 4. Applications requesting less than $25,000 may be approved by the City Manager. However, the City Manager may require City Council approval of any applications, including those less than $25,000. Any incentive listed as case-by-case or combination of incentives requested that include those listed as case-by-case will require review and approval by the City Council. City Manager approvals will not exceed $250,000 in aggregate for any given year of the Program (however, no one applicant will be approved for more than $25,000 without the City Council's approval). Page 481 of 563 Resolution 1\io. 5. Any incentive valued at $100,000 or more must be approved consistent with the requirements of Government Code 53083 (effective January 1, 2014). In no case shall the City provide incentive in violation of 53084 and 53084.5. 6. The applicant must receive all other project entitlements and permits as required. E. Requirements and Limitations: 1. Incentives are offered on a case-by-case basis and at the sole discretion of the City Council. 2. Incentives will be offered and based upon the availability of City funds as appropriate by Council on a year-to-year basis. Applications that qualify when funds are no longer available may be placed on wait list for future fund availability, but are not guaranteed funding. 3. Applicants must commence the project as described within 6 months of City funding approval. In the event an applicant receives entitlements after the date of adoption and does not commence the project within 6 months the applicant is no longer eligible for the incentives and agrees to forfeit any and all incentives awarded. 4. The incentives herein may not be applied retroactively except for when allowed as described herein. 5. Incentives and/or incentive packages may trigger a requirement to pay prevailing wages. Applicants are required to abide by prevailing wage laws, which apply to construction projects funded in whole or in part with public funds, by State law. Applicants will be required to agree to indemnify, defend and hold the City harmless for any claim that prevailing wage was applicable and not adhered to. Applicants should seek professional advice regarding prevailing wages requirements. 6. City reserves the right to reject any or all proposals. 7. Applicants are highly encouraged to seek legal representation to pursue an incentive under this Program. F. Required Agreement Provisions: 1. To receive an incentive under the Incentive Program, Applicants will be required to enter into an agreement with the City. 2. Agreements prepared in furtherance of Incentive Program may include the following provisions and others in the discretion of the City: Page 482 of 563 Resolution No. a. Terms and Conditions of the incentive package, including timelines for payment due, reimbursements to be made, etc., as may be applicable to the incentive package. b. Annual Monitoring: Sufficient monitoring of the applicant's continued eligibility of the incentives offered under the Incentive Program. For example, for applicants receiving incentives for the creation of additional jobs, paycheck stubs or other proof that individuals continue to be employed will be required, for a length of time deemed appropriate for the parties. Data provided can support reporting under Government Code 53083 requirements, however, a separate and annual report must be filed with the City and are the responsibility of such report lies solely with the applicant. Failure to report can result in forfeit of incentives. Applicants seeking Capital Improvements agree to regular inspections by City staff and will require review upon completion that the design agreed upon was constructed. c. Records Open to Inspection: The City will have a right to inspect, upon a minimum of 48 hour advance notice, financial records maintained by the applicant pertaining to incentives under the Incentive Program. d. Indemnification: Applicant shall indemnify the City for claims related to implementation of the agreement. e. Security for any loans, grants or deferrals or other incentive. f. Contractually agree to continue operation for the duration of the incentive(s) or be required to return the value of the incentive(s) provided or per terms of the mutually negotiated Incentives Agreement. g. Applicant shall comply with all local and state regulatory requirements, e.g. California Environmental Quality Act, local zoning requirements, etc. 3. Any other agreements required by the incentive package shall be approved by the City Council and shall be prepared based on the agreement negotiated by the parties, including but not limited to, deferral and loan agreements, the Incentive Agreement. F. General Provisions: 1. No additional incentives will be offered unless a Resolution expanding the Incentive Program is adopted by the City Council. 2. This Program will provide funds as long as they are available and subject to appropriation by the City Council year-to-year and as applications are deemed eligible by the City. In no case is the City obligated to provide funding to applications it does not deem in the public benefit, nor for any application Page 483 of 563 Resolution No. that exceeds the fund balance. The City, in its sole opinion, reserves the right to reject any application for any reason. 2. The Incentive Program may be modified by the City Council at any time. Page 484 of 563 Resolution No. EXHIBIT 8 Map of San Pablo Capital Improvements Grant Area Page 485 of 563 Resolution No. EXHIBIT C NA/CS Code - for Qualification in Tech Innovation Grant Program The following list contains those NAICS codes which most directly involved in the "High Tech" sector. It is not exhaustive of all possible high tech industries. NAICSN NAICS_LAB 333295 Semiconductor machinery mfg 333315 Photographic and photocopying equipment manufacturing 334111 Electronic computer mfg 334112 Computer storage device mfg 334113 Computer terminal mfg 334119 Other computer peripheral equipment mfg 334210 Telephone apparatus manufacturing 334220 Broadcast and wireless communications equip. 334413 Semiconductor and related device manufacturing 334511 Search, detection, navigation, guidance, aeronautical, and nautical system and instrument manufacturing 421430 Computer & peripheral equip & software whsle 421690 Other electronic parts & equipment whsle 423430 Computer and computer peripheral equipment and software merchant wholesalers 423690 Other electronic parts and equipment merchant wholesalers 443120 Computer and software stores 511140 Database and directory publishers 511210 Software publishers 514210 Data processing services 518210 Data processing, hosting, and related services 519130 Internet publishing and broadcasting and web search portals 541330 Engineering services 541511 Custom computer programming services 541512 Computer systems design services 541513 Computer facilities management services 541519 Other computer related services 541710 R&D in physical, engineering & life sciences 541711 Research and development in biotechnology 541712 Research and development in the physical, engineering, and life sciences (except biotechnology) Page 486 of 563 City of Palm Desert Economic Development Department INCENTIVE PROGRAM 73-510 Fred Waring Drive• Palm Desert• California• 92260 • (760) 346- ·11 • F .x (760) 776-6417 Applicant (person/firm proposing the project): Mailing Address: /elPphone: - ..x number: -------- City : State: Property Owner (land owner): 11.1ailing Address: _ Zip: - - -ul: _ Telephone: -----Fax number: -------- City : State:. Representative (if different from application): _zip· Email: _ Telephone: Mailing Address: _ ---------Fax number: -------- City : State: Zip: Email: _ Please send correspondence to (check one): Applicant Property Owner Representative Please mark the programs applied for and complete questions on separate page(s): 0 0th 2. Attach a project narrative, including type of business, whether the applicant or the applicant's property llill bythe recipient of the funding (i.e., broker is applicant, property where funding will be spent), what public benefit the applicant believes is being met. 3. In the case of capital improvements, or grant dollars that will be used for relocation or location assistance, attach project rendering(s). In the case of other, provide tear sheets of proposed equipment, P.O. 4. Describe# of proposed jobs retained or expanded, along with average annual salary. *Legal detail and Signature block to be included* Page 487 of 563 [This page has intentionally been left blank.] Page 488 of 563 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 14, 2022 PREPARED BY: Chris Gerry, Project Manager REQUEST: CONSIDERATION OF ACTIONS RELATING TO PRESIDENTS’ PLAZA PROPERTY AND BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2022-23. RECOMMENDATION: Waive further reading and adopt: 1. A Resolution declaring the results of the property owner protest ballot proceedings conducted for the proposed Presidents’ Plaza I Property and Business Improvement District assessments commencing in Fiscal Year 2022-23. 2. A Resolution ordering the renewal of the Presidents’ Plaza I Property and Business Improvement District, approving and adopting the Management District Plan and Engineer’s Report, and authorizing the levy and collection of assessments for Fiscal Year 2022-23. 3. Authorize the Director of Finance to establish a project account for Presidents’ Plaza Capital Improvement Project Reserve, appropriate $74,100 from the General Fund Unobligated Fund Balance and transfer to said account. BACKGROUND/ANALYSIS: The Presidents’ Plaza Property and Business Improvement District (District) consists of all parcels located in the commercial business area known as Presidents’ Plaza. The District includes properties located south of Highway 111, north of El Paseo, east of Portola Avenue, and west of Larkspur Lane. The District includes 42 assessed commercial parcels, three non-contiguous and non-assessed parking lot parcels, and one non-assessed easement/walkway parcel. The District boundaries can be found in the District Management Plan and Engineer’s Report for Fiscal Year 2022-23. The City of Palm Desert (City) collects annual assessments from property owners to pay for landscape maintenance and watering, street sweeping, solid waste/recycling and parking lot lighting in common parking lot areas. The district expired on June 30, 2022, and consideration for renewal must be approved before August 10, 2022, for a levy to be submitted to the County of Riverside. To date, the City has conducted various forms of outreach to keep property owners apprised of the renewal process. Efforts include: • December 15, 2021: Mailed postcards informing property owners of the renewal process. • December 29, 2021: Mailed petitions to property owners and conducted additional outreach until achieving over 50% of ballots representing the assessment (reached threshold in March 2022). • May 12, 2022: City Council initiated various actions regarding the renewal of the District. • May 26, 2022: Distributed ballots to property owners for a minimum 45-day consideration and provided supplemental information regarding the benefits of renewing the District. Page 489 of 563 City of Palm Desert Presidents’ Plaza Page 2 of 2 • June 9, 2022: Held a property owner meeting (morning) to discuss the plan, process, budget, improvements underway, and highlighted changes and consequences should the renewal fail. • June 13, 2022: Held a ribbon-cutting event to celebrate the near completion of the Presidents’ Plaza East and West Improvements. • June 22, 2022: Held a second property owner meeting (evening). In addition, City staff have continually contacted property owners throughout this process to answer any questions, listen to comments, and ensure they received their ballots and petitions. The property owners have until the close of the public hearing to submit a ballot vote, in which the returned ballots that represent a “yes vote” must outweigh the returned “no vote” to renew the District (only the returned ballots are considered in the proceedings). FINANCIAL IMPACT: At its May 12, 2022 meeting, the City Council expressed a willingness to establish a city-funded capital improvement project to fund major pavement maintenance activities – slurry seal and restriping every five years; and asphalt resurfacing every 20 years, should the District be renewed. Staff presented a proposed budget for a Presidents’ Plaza Capital Improvement Project Reserve during the five-year renewal period. During this period, it is recommended to budget $393,406 total (beginning with $74,100 in Fiscal year 2022-23) for future short and long-term capital improvements in Presidents‘ Plaza. If approved, this amount will be added to the Fiscal Year 2022-23 Capital Improvement Program budget. The appropriation required during this five-year period can be found in Table 1 below. Table 1: Capital Improvement Project Reserve Fiscal Year Appropriation 2022-23 $ 74,100 2023-24 $ 76,323 2024-25 $ 78,612 2025-26 $ 80,971 2026-27 $ 83,400 Total: $393,406 REVIEWED BY: ATTACHMENTS: 1. Resolution No 2022- 2. Resolution No 2022- 3. Fiscal Year 2022-23 Management District Plan and Engineer’s Report Department Director: Randy Bowman for Andy Firestine Finance Director: Veronica Chavez Assistant City Manager: Andy Firestine City Manager: L. Todd Hileman Page 490 of 563 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING THE RESULTS OF A PROPERTY OWNER PROTEST PROCEEDING FOR THE PRESIDENTS’ PLAZA I PROPERTY AND BUSINESS IMPROVEMENT DISTRICT AND APPROVING CERTAIN RELATED ACTIONS The City Council of the City of Palm Desert (hereafter referred to as the “City Council”) does resolve as follows: WHEREAS, The City Council called and duly held a property owner protest proceeding for the Presidents’ Plaza I Property and Business Improvement District (hereafter referred to as the “District”) pursuant to the provisions of Property and Business Improvement District Law of 1994, Part 7 of Division 18 of the Streets and Highways Code of California (hereafter referred to as the “Act”) and the California Constitution Articles XIIIC and XIIID, for the purpose of presenting to the qualified property owners within the District the annual levy of assessments and a maximum annual assessment over the next five years for the costs and expenses associated with the maintenance and operation of landscaping, lighting, street sweeping and all appurtenant facilities related thereto; and, WHEREAS, the landowners of record within the District as of the close of the Public Hearing held on July 14, 2022, did cast their ballots, the results of which are illustrated below: Total Ballots Cast Yes Total No Total $ ____________ $ ____________ $ ____________ NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS: 1. The above recitals are true and correct. 2. The protest proceeding was conducted, with ballots presented to qualified property owners of the District for receipt by the City Clerk on July 14, 2022, weighted according to the proportional financial obligation of the affected property. 3. The results of the tabulation of the valid property owner protest ballots returned by the property owners within said District, prior to the conclusion of the Public Hearing and property owner protest proceeding held for the District on July 14, 2022, is hereby confirmed, and made public record. 4. The tabulation of the valid property owner protest ballots returned by the property owners within said District indicates approval of the assessment and maximum assessment allowed over the next five years. Therefore; the City Council is hereby authorized to take the necessary steps to levy the assessments as approved. Page 491 of 563 RESOLUTION NO. 2022 - ____ 5. The City Clerk is hereby directed to enter this Resolution on the minutes of the City Council which shall constitute the official declaration of the result of such property owner protest proceeding. 6. This Resolution shall become effective immediately upon its adoption. 7. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this 14th day of July 2022, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: ________________________________ JAN HARNIK, MAYOR CITY OF PALM DESERT, CALIFORNIA ATTESTED: __________________________________ ANTHONY J. MEJIA, CITY CLERK CITY OF PALM DESERT, CALIFORNIA Page 492 of 563 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ORDERING THE RENEWAL OF THE PRESIDENTS’ PLAZA I PROPERTY AND BUSINESS IMPROVEMENT DISTRICT, APPROVING, AND ADOPTING THE MANAGEMENT DISTRICT PLAN/ENGINEERING REPORT AND AUTHORIZING THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2022/2023 The City Council of the City of Palm Desert, California (hereafter referred to as the “City Council”), hereby finds, determines, resolves, and orders as follows: WHEREAS, the City Council did, by previous resolutions, initiate proceedings and order the preparation of a Management District Plan and Engineer’s Report (hereafter referred to collectively as “Report”), pursuant to the provisions of Property and Business Improvement District Law of 1994, part 7 of division 18 of the Streets and Highways Code of California (hereafter referred to as the “Act”). The Report discusses the renewal of the Presidents’ Plaza I Property and Business Improvement District (hereafter referred to as the “District”) and the establishment of maximum assessments in order to pay for the maintenance and services of landscaping, lighting, street sweeping, and all appurtenant facilities and operations related thereto; and WHEREAS, the City Council has called and duly held a property owner protest ballot proceeding for the District in order to present to qualified District property owners the annual levy of assessments and a maximum annual assessment over the next five years for the costs and expenses associated with and authorized for the District, as outlined in the Report; pursuant to the provisions of the Act and California Constitution articles XIII C and XIII D; and WHEREAS, the protest proceeding was conducted with ballots that were presented to qualified District property owners and returned to the city clerk on July 14, 2022. The ballots were weighted according to the proportional financial obligation of the affected property. The counting of the protest ballots that the property owners returned indicated approval of both the assessment and the maximum assessment allowed over the next five years. NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL, THE LEGISLATIVE BODY FOR THE DISTRICT, AS FOLLOWS: Section 1. The above recitals are true and correct. Section 2. Renewal of District and Levy of Assessments. The City Council wishes to renew the Presidents’ Plaza I Property and Business Improvement District and to levy annual assessments for a duration of five years, pursuant to the provisions of the Act. Page 493 of 563 RESOLUTION NO. 2022- _____ 2 of 4 Section 3. Declaration on Assessments. The City Council hereby declares that the annual assessments will not exceed the maximum assessment that the property owners approved, pursuant to the Act and to the apportionment method that the Report describes. The annual assessments will commence with the fiscal year beginning July 1, 2022, and ending June 30, 2023, in order to pay for the costs and expenses of operating, maintaining, and servicing District improvements. Section 4. Fair Public Hearing. Following notice duly given, the City Council has held a full and fair intent meeting and a public hearing in connection with the levy and collection of assessments and has considered all oral and written statements, protests, and communications that interested persons have made or filed. The city clerk or assigned representative has counted the ballots and determined that the property owners have approved the annual levy and collection of assessments and a maximum assessment over the next five years, as outlined in the Report, in accordance with California Constitution articles XIII C and XIII D. Section 5. City Council Findings. Based upon its review of the Report, copies of which have been presented to the City Council and filed with the city clerk, the City Council hereby finds and determines that: A. The land within the District will receive special benefits from the operation, maintenance, and servicing of the improvements and appurtenant facilities that are located within District boundaries. B. The District includes all of the lands so benefited. C. The District term is five years, beginning in fiscal year 2022/2023 and ending in fiscal year 2026/2027, unless renewed after this time. D. The net amount to be assessed upon the lands within the District, in accordance with the proposed budget for the fiscal year commencing July 1, 2022, and ending June 30, 2023, is apportioned by a formula and by a method that fairly distribute the net amount among all eligible parcels, in proportion to the special benefits that each parcel will receive from the improvements and services. E. The assessments that are described in the Report are consistent with the assessments that the District property owners have approved. Section 6. Confirmation of Report and Assessments. The Report and the assessments, as presented to the City Council and as on file in the Office of the City Clerk, are hereby confirmed as filed. Page 494 of 563 RESOLUTION NO. 2022- _____ 3 of 4 Section 7. Improvements Ordered. The City Council hereby orders the proposed improvements to be made, and the levy and collection of annual assessments to pay for those improvements, to be presented to the County Auditor/Controller of Riverside County (hereafter referred to as the “County”), commencing with fiscal year 2022/2023. The county auditor/controller will enter on the County Assessment Roll, opposite each parcel of land, the amount of levy. The levy will be collected at the same time and in the same manner as the County taxes are collected. After the County collects the levy, the net amount of the levy will be paid to the Treasurer of the City of Palm Desert. Section 8. Restricted Use of Assessment Money. The city treasurer will deposit all money representing assessments that the County has collected for the District, into a District fund. This money will be expended only for the improvements that the Report describes. Section 9. Adoption of District Levy. The adoption of this resolution constitutes the District levy for the fiscal year commencing July 1, 2022, ending June 30, 2023. Section 10. Direction to City Clerk. The city clerk or designated representative is hereby authorized and directed to file the levy with the county auditor/controller upon adoption of this resolution. Page 495 of 563 RESOLUTION NO. 2022- _____ 4 of 4 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this 14th day of July 2022, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: ________________________________ JAN HARNIK, MAYOR CITY OF PALM DESERT, CALIFORNIA ATTESTED: __________________________________ ANTHONY J. MEJIA, CITY CLERK CITY OF PALM DESERT, CALIFORNIA Page 496 of 563 City of Palm Desert Presidents’ Plaza Property and Business Improvement District MANAGEMENT DISTRICT PLAN AND ENGINEER’S REPORT FISCAL YEAR 2022/2023 TO 2026/2027 INTENT MEETING: MAY 12, 2022 PUBLIC HEARING: JULY 14, 2022 PUBLIC HEARING:JUNE 25,2020 27368 Via Industria Suite 200 Temecula, CA 92590 T 951.587.3500 | 800.755.6864 F 951.587.3510 www.willdan.com Page 497 of 563 ENGINEER'S REPORT AFFIDAVIT City of Palm Desert Presidents’ Plaza I Property and Business Improvement District City of Palm Desert Riverside County, State of California This Report describes the District and defines improvements, budget and method of assessment apportionment, and the parcels proposed to be levied commencing in Fiscal Year 2022/2023 for a period of five fiscal years as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Riverside County Assessor’s maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council. Dated this ____________ day of ______________, 2022. Willdan Financial Services Assessment Engineer On Behalf of the City of Palm Desert By: ________________________________ Stacee Reynolds, Senior Project Manager By: ________________________________ Tyrone Peter PE # C81888 Page 498 of 563 TABLE OF CONTENTS I. OVERVIEW........................................................................................................................ 1 Introduction 1 Renewal/Formation 2 II. DESCRIPTION OF THE DISTRICT .................................................................................... 3 District Boundary 3 Improvements and Activities 3 Capital Improvement Projects 4 Special Benefits 4 III. METHOD OF APPORTIONMENT ..................................................................................... 6 Method of Apportionment Rationale 6 Parking Lot Improvements and Services 6 Solid Waste (Refuse) Collection Services 6 Method of Apportionment Calculations 8 Apportionment of Direct Costs 9 Apportionment of Indirect Costs 10 Total Annual Assessment 10 Annual Budget Adjustments 11 IV. DESCRIPTION OF BUDGET ITEMS ................................................................................ 12 Direct Benefit Costs 12 Indirect Benefit Costs 12 Levy Breakdown 13 District Statistics 13 District Budget 14 APPENDIX A — ASSESSMENT DIAGRAM ................................................................................ A1 APPENDIX B – PARCEL LEVY INFORMATION ........................................................................... B1 APPENDIX C —ASSESSMENT ROLL ....................................................................................... C1 Page 499 of 563 2022/2023 Presidents’ Plaza Property and Business Improvement District Page 1 I.Overview Introduction The City of Palm Desert (City) previously formed and established the Presidents ’ Plaza Property and Business Improvement Assessment District (District) beginning in Fiscal Year (FY) 1998/1999 to provide improvements and activities that confer special benefits upon real property within the boundaries of the District. The District was established and levied pursuant to Property and Business Improvement District Law of 1994, Part 7 of Division 18 of the California Streets and Highways Code (the Act). Pursuant to the Act, property owners within the District submitted a signed petition requesting formation of the District. For each term, a maximum assessment was approved by the property owners through an assessment ballot proceeding, conducted according to provisions of the California Constitution Article XIIID (Proposition 218). The District was successfully formed for a term of five years ending in FY 2002/2003. Subsequently, the District was renewed for a five-year term in FY 2003/2004, 2008/2009 and 2015/2016. In FY 2020/2021, the District was renewed for two years as the cost of improvements could not be estimated for a five-year time period. Under the provisions of the Act, property owners within the District may renew the District for a maximum term of ten (10) years. This combined Management District Plan and Engineer’s Report hereinafter referred to as “Plan” or “Report” is presented for consideration by the property owners within the area known and commonly referred to as Presidents’ Plaza, to seek their support for the organization of a business improvement district in ac cordance with the provisions of the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et. seq., hereinafter referred to as the Act. This is the Management District Plan and Engineer’s Report required by Section 36622 of the Act, for the proposed formation and establishment of the Presidents’ Plaza Property and Business Improvement District hereinafter referred to as “District” or “PBID”, to fund services and activities to improve and convey special benefits to p roperties located within the boundaries of the District. This Report describes the PBID, improvements and activities, method of apportionment, proposed assessments for the current fiscal year, and maximum assessment proposed for the five -year duration of the re-formed District. The proposed assessments are based on the estimated cost to provide the improvements, activities, and operations that provide a direct and special benefit to properties within the District. The costs of improvements, activities, and operations include all expenditures, deficits, surpluses, revenues , and reserves. The word “property,” for the purposes of this Plan, refers to real property situated within the District, and identified as an individual property or parcel assigned its own Assessor’s Parcel Number (APN) by the County of Riverside Assessor’s Office. The County of Riverside Auditor/Controller uses APNs to identify on the tax roll parcels and properties assessed for taxes, special assessments, and fees and charges. All benefits derived from the assessments outlined in the Management District Plan and Engineer’s Report are for services directly benefitting the property and business owners within this specialized district and are intended to support and enhance commerce, business and the overall safety, image, and functionality within this commercial core. All services, projects, maintenance, and professional and administration services are provided solely to properties within the PBID to enhance the image and viability of properti es and businesses within the PBID boundaries and are designed only for the direct special benefit of the assessed properties. No services will be provided to non-assessed parcels outside the PBID boundaries. Page 500 of 563 2022/2023 Presidents’ Plaza Property and Business Improvement District Page 2 Renewal/Formation A written petition of the property owners within the PBID, representing more than 50 % of the proposed assessment to be levied was submitted to the Palm Desert City Council in order to proceed with the District renewal/formation. After the required signatures have been submitted to the City, the City Council initiated proceedings for the renewal of the District by adopting a resolution expressing its intention to form the PBID and ballot the property owners for the proposed assessments in accordance with the provisions o f the Constitution. The resolution of intention references the Management District Plan and Engineer’s Report and provides notice of the time and place of a public hearing on the re -establishment of the PBID and levy of assessments. Within 90 days of adopting the resolution of intention, the City Council will hold a public hearing on the matter and caused notice to the property owners pursuant to Section 54954.6 of the Government Code. Assessment ballots (property owner protest ballots) will be mailed to each property owner at least 45 days prior to the public hearing pursuant to the California Constitution. Pursuant to the Code, the City Council will also cause the publication of the resolution of intention in a newspaper of general circulation; mail the r esolution of intention by first-class mail to each property owner in the District and to each local chamber of commerce and business organization located within the District. At the public hearing, the City Council will provide the public and property owne rs an opportunity to provide oral protests and written protests prior to the adoption of the Management District Plan. Pursuant to the California Constitution, the City Council will tabulate property owner assessment ballots received from property owners to determine whether a majority protest exists. If it is determined and declared by resolution that majority protest does not exist, then the property owners will have confirmed and approved the assessments. If the property owners approve the renewal of the District and imposition of the assessments, the City Council can appoint an owner’s association for the District. This owner’s association shall make recommendations to the City Council regarding the expenditures of revenue derived from the levy of assess ments and on the classification of properties as applicable. This owner’s association can cause to be prepared an annual report each fiscal year for which assessments are to be levied and collected. Said annual report shall be filed with the City Clerk and shall contain: any proposed changes to the district boundary; the improvements and activities to be provided that year; the estimated costs for that year; the method of assessment; the amount of any surplus or deficit; and contributions from other sources. The City Council may approve the report as submitted or as modified. Page 501 of 563 2022/2023 Presidents’ Plaza Property and Business Improvement District Page 3 II. Description of the District District Boundary The District consists of all parcels located in the commercial business area known as the Presidents ’ Plaza within the City of Palm Desert, County of Riverside. The District includes forty-two (42) assessed commercial parcels, three (3) non-contiguous and non-assessed parking lot parcels, and one (1) non-assessed easement/walkway parcel. The boundary of the District and parcels therein are located south of Palm Desert Drive at Highway 111; north of El Paseo; west of Portola Avenue; and east of Larkspur Lane. Presidents’ Plaza is commonly referred to as Presidents’ Plaza East (area east of San Luis Rey Avenue); and Presidents ’ Plaza West (area west of San Luis Rey Avenue) located within the boundaries of the District. Improvements and Activities To enhance and improve business opportunities and the appearance of Presidents ’ Plaza, the City financed and managed capital improvements of the parking lot and landscaped and common areas related to this commercial business center. Additional information regarding the improvements is found in the next section. It has been determined the properties within the District and the businesses associated with those properties receive special and distinct benefits from the improvements a nd activities to be funded through the assessments. The improvements include the necessary activities, services, operation, administration, and maintenance required to keep the improvements in satisfactory condition including labor, material, and equipment. The services may include, but are not limited to, regular maintenance, repair, removal or replacement of all or any part of the improvements, including patching of asphalt, slurry sealing, and striping of the parking lot areas; removal of trimmings, rubbish, debris and other solid waste; the cleaning, sandblasting, and repainting of walls and other improvements to remove or cover graffiti; providing for the growth, health and beauty of landscaping and lighting including cultivation, trimming, spraying, fe rtilizing or treating for disease or damage; as well as supplying necessary irrigation and electrical energy. The specific improvements and activities include: Parking Lot Landscaped Areas: Includes, but not limited to, ground cover, shrubs, trees, plants, irrigation, and drainage systems and associated appurtenant facilities. Parking Lot Lighting Facilities: Includes, but not limited to, bulbs, fixtures, poles, wiring, and electrical energy. Debris Removal: Includes, but not limited to solid waste containers, refuse collection services, and continual sweeping services of the parking lot. Parking Lot Maintenance: Includes, but not limited to, short and long-term maintenance improvements such as patching of asphalt, slurry sealing, and parking lot striping required to properly maintain and ensure the satisfactory condition of parking lots and appurtenant facilities. The costs associated with the improvements are equitably spread among all benefiting parcels in the District utilizing the method of apportionment described in the Method of Apportionment section of this Plan. The total funds collected shall be dispersed and used for only the services and operations provided to the District. Page 502 of 563 2022/2023 Presidents’ Plaza Property and Business Improvement District Page 4 Capital Improvement Projects As a privately owned shared parking facility, Presidents’ Plaza east and west parking lots were last rehabilitated in 1997. Since then, these aging and heavily used parking lots required a major rehabilitation, including to its asphalt concrete pavement, utility infrastructure, landscape areas and pedestrian walkways. As a result of the conditions, a major renovation was undertaken by the City of the east and west parking lots. This project, which costs approximately $11.5 million, began in June 2021, and is anticipated to be completed in summer 2022. Approximate improvements include, but are not limited to: Grading to address drainage issues. Asphalt concrete pavement and striping (260,000 square feet). Upgrades to domestic water, wastewater, communications, and underground electrical systems. Enhanced pedestrian walkways (20,000 square feet). Water lines (15,000 linear feet). Curb and gutter (11,000 linear feet). Decorative pavers (10,000 square feet). Drought-tolerant landscaping and planters. Lighting fixtures (174). Parking shade structures (22). Trash enclosures (14). Benches and chairs (5). During construction, the contractor encountered various existing public and private utilities in conflict with the project, which had to be relocated by the contractor and/or utility companies as well. Special Benefits All assessed properties within the District receive special benefits from one or more of the improvements and activities funded through the District assessments. Specifically, utilities (lighting and water), landscape maintenance and repairs, sweeping services, short and long-term parking lot maintenance, and refuse collection services. Lighting The special benefits of lighting (parking lot lights) are for the convenience, safety, and security of property, improvements, and goods. Specifically: Enhanced deterrence of crime and the aid to police protection. Increased evening safety for patrons and employees. Improved visibility for pedestrians and motorists. Improved ingress and egress to property. Reduced vandalism and other criminal acts and damage to improvements or property . Enhanced aesthetic appeal of parking areas and adjacent properties. Page 503 of 563 2022/2023 Presidents’ Plaza Property and Business Improvement District Page 5 Increased promotion of business activities and opportunities during evening hours. The special economic enhancement to the properties and their ability to attract and sustain business and commercial activity because of the benefits identified above. Landscape The special benefits of landscaped islands and medians within the parking lots include: Improved aesthetic appeal of the parking areas and adjacent properties. Enhanced adaptation of the urban environment within the natural environment. A positive representation of the businesses within the District. The special economic enhancement to the properties and their ability to attract and sustain business and commercial activity because of the benefits identified above. Debris Removal Debris removal (parking lot sweeping) and refuse collection are essential and necessary activities for all properties, especially for commercial properties. These activities and services are proposed to be funded through the assessments solely for the special benefit of properties within the District. The benefits of these services include: Enhanced aesthetic appeal of the parking areas and adjacent properties. Improved dust control. A positive representation of the businesses within the District. A centralized location of refuse collection facilities. Availability of refuse collection services that would otherwise require individual facilities that could be cost prohibitive and physically restrictive. Parking Lot Maintenance Parking lot maintenance is an essential and necessary activity for all propertie s, especially for commercial properties. This improvement is funded through the assessments solely for the special benefit of properties within the District. The benefits of these services include: Increased safety to automobile, truck, and pedestrian traffic and to properties. Improved traffic circulation within the parking areas. Enhanced aesthetic appeal of the parking areas and adjacent properties. Improved dust control. The special economic enhancement to the properties and their ability to attract and sustain business and commercial activity because of the benefits identified above. The continual operation and maintenance of the landscaping, lighting, debris, and parking lot areas provide no measurable general benefit to other properties outside the boundaries of the District, or to the public at large; therefore, these improvements and the corresponding assessments have been identified as providing 100% special benefit to parcels within the District. Page 504 of 563 2022/2023 Presidents’ Plaza Property and Business Improvement District Page 6 III. Method of Apportionment Method of Apportionment Rationale The costs of the District improvements have each been apportioned by a formula and method which fairly distributes the net amount to be assessed among all assessed parcels in proportion to the estimated special benefits to be received by each parcel from the improvements. Parking Lot Improvements and Services Assessed parcels in Presidents’ Plaza are adjacent to centralized parking facilities (lots) that provide access, parking, and delivery areas for the businesses and par cels within the District. Each parcel derives special benefit from the parking lot improvements and services necessary to maintain the parking lot. The improvements and services include landscape maintenance of several islands and medians; maintenance and operation of lighting facilities, short and long-term parking lot maintenance, and sweeping services. Each assessed parcel within the District receives a direct and special benefit from these improvements and will share proportionately in the cost of maintaining the parking lots. The parking areas consists of the three - complete parking lot areas along with portion of parking areas throughout the District. The three parcels that are entirely parking lots (627-212-016; 627-221-011; and 627-222-043), and one easement/walkway parcel (627-222-042) receive no special benefit from the improvements and will not be assessed. In determining the method of apportionment for these improvements, each parcel’s benefit is based on the parking area adjacent to, and associated with, each parcel. Therefore, it has been determined that a fair and reasonable reflection of each parcel’s benefit for the parking lot improvements shall be based on the approximate front footage adjacent to the parking areas. Most parcels within the District front the parking lots on only one side. To ensure a reasonable and equitable apportionment of special benefit, parcels that front the parking lot on more than one side (corner properties), are only assessed for their front footage along the side of their property adjacent to the parking lot. Solid Waste (Refuse) Collection Services Establishing separate refuse receptacles for each parcel or business within Presidents ’ Plaza, and thereby allowing for separate charges and agreements for this service, is not practical due to limited space and accessibility. Therefore, several common refuse containers have been placed within the parking lot area for use by all the properties and businesses, and patrons of these businesses, within the District. Historically, all developed properties within Presidents’ Plaza have shared proportionately in the costs associated with refuse collection based on the building square footage of the structures on each parcel. In determining the method of apportionment for refuse collection services, the possibility of factorin g in business types as well as building square footage was considered. However, the inclusion of business types in the calculation of an annual assessment poses several problems. First, many of the parcels assessed include multiple business types, which could require a complex calculation to identify potential use of the service. Second, businesses often change from year-to-year or even month to month, making specific business-related assessments difficult to track and time-consuming and expensive to administer. Third, establishing a method of apportionment that is business-specific rather than parcel-specific would likely result in annual changes for each parcel’s assessment even if the cost of the service were unchanged. Finally, the level of service (number of pick-ups and receptacles) has changed very little over the last several years. Although many of the businesses and business types have changed within the District, the total cost of providing this service has remained fairly constant. Page 505 of 563 2022/2023 Presidents’ Plaza Property and Business Improvement District Page 7 In contrast to the total cost, it is not reasonable to assume that all developed parcels utilize or require the same level of refuse service; typically, the larger the building, the greater amount of refuse that is generated. Therefore, it has been determined that a fair and reasonable estimate of each parcel’s benefit for refuse collection is the building square footage determined for each parcel. As noted previously, due to limited space and accessibility, it is not practical for each parcel or business within Presidents’ Plaza to have separate containers or agreements with the waste hauler. However, it is recognized the baseline level of service (number of bins, size of the bins and frequency of service) established for the District may not be adequate or appropriately reflect the needs of changing business within the District. Therefore, the following considerations and criteria shall be followed when the level of service provided requires modifications: If the level of service is reduced, the incremental cost savings (if any) will be reviewed and applied, as follows: o Reserve Fund Account: City staff and the owners’ association will evaluate the existing available Reserve Fund to ensure an acceptable amount of money is being retained for normal annual operation of the District. Based on this evaluation, the owners’ association will modify the annual plan (recommendation to the City Council) to apply all or a portion of the cost savings to the Reserve Account. A fully funded Reserve is an amount equal to approximately one half of all annual operating expenses. o Reduced Assessments: After reviewing the Reserve Account, any cost savings not applied to the Reserve Account (Reserve Fund Collection) will be passed on to each parcel within the District by reducing their annual assessment for the next fiscal year, in proportion to their estimated benefit (from the method of apportionment). If the level of service is increased, the incremental cost increase (if any) will be reviewed and applied, as follows: o Increased Service District-wide: When the current District was renewed/formed, an assessment range formula was approved. This formula provided for anticipated cost of living increases, but also allowed some flexibility for increased costs due to increased levels of service. If an increased level of service is required for the entire District, the increase is reflected in the annual budget. This budget increase will typically cause a proportional increase of the annual assessment. If the increased cost results in an assessm ent rate that exceeds the maximum assessment allowed, then reserve funds will be used to reduce the annual assessment to the maximum assessment allowed. If the reserve fund is not sufficient to cover the cost increase, the City Council may provide a tempor ary loan to the District or conduct a property owner ballot proceeding for an assessment increase. o Increased Service for One Parcel: When the current District was renewed/formed, a baseline assessment rate and level of service was established for all prope rties within the District. As businesses within the District change or continue to grow, these businesses may generate a need for an increased level of service, but it is not fair or equitable to spread the cost of this increased service to other properties within the District. Therefore, if a business requires an increased level of service, the respective business owner or owner of the property on which the business is located, must pay the resulting cost increase as a surcharge. Either the City or property owner may initiate the need for an increased service level. The City Council shall make the final determination as to the appropriate mechanism Page 506 of 563 2022/2023 Presidents’ Plaza Property and Business Improvement District Page 8 by which the increased level of service will be provided. The increased level of service may include result in: ▪ Increasing number of pick-ups on a specific bin(s) used by the property or business. ▪ Increasing size of specific bin(s) used by the property or business if space permits. ▪ Providing separate bin(s) for property or business if space and accessibility permits. ▪ Any combination of the services above. The costs associated with the increased level of service shall be the obligation of the business and/or property owner which is provided with the additional service. Payment for the increased level of service shall be reviewed by the owner’s association, which will make a recommendation to the City Council for approva l. The additional cost of providing the increased level of service may be added to the annual assessment for the property as a surcharge (in addition to their annual assessment), upon written petition of the property owner and approval by the City Council. The request may require a signed agreement between the property owner and City. However, before any action is taken to add a surcharge to the property tax roll as part of the property’s annual assessment, the property owner/business shall work with City staff and owner’s association to establish the necessary level of additional service and arrange for direct payment for the service to the waste hauler or the City, if possible. Method of Apportionment Calculations The apportionment of benefit within the District utilizes a weighting factor known as an Equivalent Benefit Unit (EBU). Each parcel’s EBU represents a percentage of the total EBU applied for the entire District. Depending on the improvement or activity provided, the EBU assigned to each parcel is based on either the parcel’s development (approximate building square footage) or the parcel’s area of improvement (front footage to the parking lots). The cost of refuse collection services is apportioned based on each parcel’s approximate building square footage. All other improvements and services funded through the District are associated with the parking lots. The total cost of the parking lot improvements and services is apportioned to each parcel based on their front footage to the parking lots. The sum of each parcel’s proportionate share of refuse collection and parking lot costs represents the parcel’s Total Direct Cost. In addition to a parcel’s Total Direct Cost, each parcel is assessed for administration expenses and a reserve fund collection (Indirect Costs). Indirect Costs for each parcel have been apportioned by a percentage of the parcel’s Direct Costs, not to exceed fifteen percent (15%). Therefore, each parcel’s Total Annual Assessment is the sum of its proportionate share of the Total Di rect Cost and Total Indirect Costs. Although each parcel’s proportional benefit and assessment for each improvement is calculated individually, each parcel’s maximum assessment is based on the parcel’s combined assessment for all costs and services. The rate applied to any one improvement or service may exceed the maximum rate originally established, provided the parcel’s combined assessment does not exceed the combined maximum assessment established for the property (excluding changes in land use or develo pment). The County requires that all annual assessments levied and submitted for collection on tax bills be rounded to the nearest even penny, thus allowing the total assessment to be split into two installments. To comply with the County’s requirements, the calculation of each assessment component is rounded to the nearest even penny and subsequently added together for the parcel’s Total Annual Assessment. A description of the general method used to arrive at each parcel’s proposed assessment is found below. Page 507 of 563 2022/2023 Presidents’ Plaza Property and Business Improvement District Page 9 Apportionment of Direct Costs Refuse Collection Assessment The Total Refuse Cost estimated for refuse collection services is based on the City’s contract with a waste hauler for service to Presidents’ Plaza. This Total Refuse Cost divided by the estimated Total Building Square Footage establishes a Rate per building square foot. Th e Rate is multiplied by each parcel’s estimated building square footage to calculate the parcel’s proportionate share of the refuse service cost. Total Refuse Cost / Total Building Square Footage = Rate per Building Square Foot Rate x Parcel Building Square Footage = Refuse Assessment Note: For purposes of calculating the refuse assessment, the building square footage for each parcel has been rounded to the nearest hundred square feet. Refer to Appendix “B” for building square footage applied. The refuse assessment rates based on fiscal year and building size is found below as Table 1. Table 1: Building Size Proposed Rates Proposed Building Maximum Rates (per Square Foot) FY 2022/2023 $0.7179 FY 2023/2024 $0.7394 FY 2024/2025 $0.7616 FY 2025/2026 $0.7845 FY 2026/2027 $0.8080 There are currently forty-two (42) developed commercial properties within the District that are assessed for refuse collection services based on approximate building square footage. Individual parcel refuse assessments can be found on the Assessment Roll (Appendix C). Parking Lot Assessment The total Lot Cost estimated for parking lot improvements and services is based on the estimated annual costs to maintain the landscaping, utilities (lighting and water), and parking lot (short and long-term maintenance and sweeping services) within Presidents’ Plaza. This Total Lot Cost divided by the applied parking lot Total Front Footage, establishes a Rate per front foot. The Rate is multiplied by each parcel’s applied front footage to calculate the parcel’s proportionate share of the parking lot maintenanc e costs. Total Lot Cost / Total Front Footage = Rate per Front Foot Rate per Front Foot x Parcel Front Footage = Parking Lot Assessment Note: For purposes of calculating the parking lot assessment, each parcel’s front footage is based on the parcel’s footage rounded to the nearest five feet. Refer to Appendix “B” for front footage applied. Page 508 of 563 2022/2023 Presidents’ Plaza Property and Business Improvement District Page 10 The parking lot assessment rates based on fiscal year and linear feet is found below as Table 2. Table 2: Parking Lot Proposed Rates Proposed Parking Maximum Rates (per Linear Foot) FY 2022/2023 $37.3494 FY 2023/2024 $38.4699 FY 2024/2025 $39.6240 FY 2025/2026 $40.8127 FY 2026/2027 $42.0371 All parcels within the District receive direct and special benefits from the parking lot improvements and services. Each parcel is assessed proportionately based on their front footage adjacent to the parking lot. Apportionment of Indirect Costs To ensure the improvements, activities, and services provided and funded through the District are continued, each parcel will be assessed for its proportional share of administrative and reserve costs (Indirect Costs). Indirect Costs include all expenses related to the administration of the District as well as the collection of money toward a Reserve Fund. The annual assessment for Indirect Costs has been established at fifteen percent (15%) of the Total Direct Costs assessed to each parcel. The sum of each parcel’s proportionate share of refuse collection and parking lot costs represents the parcel’s Direct Cost. This Direct Cost multiplied by fifteen percent (15%) represents each parcel’s proportionate share of the Indirect Costs. Parcel’s Total Direct Cost x 15% = Indirect Assessment The Indirect Cost for each fiscal year is found below as Table 3. Table 3: Proposed Indirect Costs Indirect Cost (Total Dollars) FY 2022/2023 $52,035.00 FY 2023/2024 $53,596.05 FY 2024/2025 $55,203.93 FY 2025/2026 $56,860.05 FY 2026/2027 $58,565.85 Total Annual Assessment Each parcel’s Total Annual Assessment is the sum of their proportionate share of the Direct Costs and Indirect Costs. The preceding description of the method of apportionment outlines the estimated cost and rates applied for the District and the maximum amount projected. The maximum projected amounts were determined by applying an annual inflationary factor of three percent (3%) on the remaining four years of the five-year period, with the first year based on actuals and forecasting. Page 509 of 563 2022/2023 Presidents’ Plaza Property and Business Improvement District Page 11 Annual Budget Adjustments For the subsequent years of the five-year term of the PBID renewal, annual assessments may be adjusted by the owners’ association up to three percent (3%) per year. Actual annual adjustments may range from zero (0) to three percent (3%). Adjustments may differ from year to year depending on the service needs identified by the owners’ association. In any event, assessments will not exceed the levels illustrated by the District Budget (Table 4). Any annual budget surplus or deficit will be accrued into the following year’s PBID budget. Assessments will be set accordingly, within the constraints of the annual adjustment, to adjust for surpluses or deficits that are carried forward. Page 510 of 563 2022/2023 Presidents’ Plaza Property and Business Improvement District Page 12 IV. Description of Budget Items Direct Benefit Costs Landscape Maintenance: Includes all regularly scheduled labor, material (e.g., pipe, fertilizer, insecticides), and equipment required to properly maintain and ensure the satisfactory condition of all landscaping, irrigation and drainage systems, and appurtenant facilities. All landscaping improvements within the District are contracted for maintenance and service on a regular basis. The frequency and specific maintenance operations required within the District is determined by City staff but is generally scheduled weekly. The costs include annual tree and palm pruning, and tree replacement as well . Landscape Repairs: Includes repairs costs that are not normally included in the yearly maintenance contract costs. This may include repair of damaged amenities due to vandalism and sto rms. Planned upgrades (irrigation system improvements) may also be included as well. Water: Includes utility costs to furnish water required for landscape irrigation. Lighting: Includes utility costs for the operation of lighting facilities in the parking lots and landscaped areas, excluding lighting maintenance. Sweeping Services: Includes bi-weekly cleaning of the parking lots and gutters using a contracted service. Solid Waste Removal Services: Includes the furnishing of bins and bi-weekly collection of solid waste. The City contracts with a waste hauler for this service. Only developed properties (with a structure) receive special benefit from this service and are assessed for this service accordingly. Miscellaneous Direct: Includes repairs costs for waterlines, benches, tables, trash enclosures, graffiti removal, lighting, and other unanticipated costs on an as-needed basis. Indirect Benefit Costs District Administration: Includes costs for the City to provide the coordination of District services, operations and maintenance of the District, response to public concerns and education, and procedures associated with the levy and collection of assessments. This cost also includes contracting with professionals to provide additional administrative, legal, or engineering services specific to the District. County Administration Fee: Includes costs for the County to collect District assessments on the property tax bills. This charge is based on a flat rate per fund number. County Per Parcel Fee: Includes costs for the County to collect assessments on the property tax bills. This charge is on a per assessment basis at $0.36 per assessment, plus flat fee of $87.23 per FY 2021/2022 County Packet (at the time of this report FY22/23 rates were not available) and is in addition to the County Administration Fee. Miscellaneous Indirect: Includes costs related to District administration, including required formation, documentation, recordation, and legal fees. Reserve Fund Collection: Includes collection of funds to operate the District from July 1 (beginning of the fiscal year) through January when the County provides the City with the first installment of assessments collected from the property tax bills. The Reserve Fund eliminates the need for the City to transfer funds from non-District accounts to pay for District charges during the first half of the fiscal year. The Reserve Fund may Page 511 of 563 2022/2023 Presidents’ Plaza Property and Business Improvement District Page 13 also be used to offset any unforeseen costs such as repairs, legal fees, revenue deficits, or increased costs due to inflation or contractual agreements that are greater than originally plan ned. Capital Improvement Project Reserve: Includes collection for unscheduled, unforeseen expense that may occur throughout the life of the District’s five-year maintenance period, including short and long-term parking lot maintenance such as all regularly scheduled labor, material, and equipment for patching of asphalt, slurry sealing, and parking lot striping required to properly maintain and ensure the satisfactory condition of the parking lots and appurtenant facilities. The frequency and specific maint enance operations required within the District is determined by City staff, but slurry sealing, and parking lot striping are generally scheduled annually, while patching of asphalt is performed on an as-needed basis. Parking lot maintenance for slurry sealing and parking lot striping within the District is contracted for service on a regular basis, while patching of asphalt may be performed by City staff or contracted for service as needed. The City shall be responsible for activities and costs associated with the Capital Improvement Project Reserve. Levy Breakdown Total District and Indirect Costs: Represents the sum total of all budgeted Direct and Indirect costs. Anticipated Deficit/Surplus: Represents anticipated costs of the District that exceeds the amount to be collected. This item also reflects beginning balance deficits. When the actual cost and expenditures for the District are greater than the amount budgeted and collected in the prior fiscal ye ar, the District has a Beginning Balance Deficit. This deficit may be the result of unforeseen and extraordinary costs incurred, or assessments collected being less than anticipated. When a deficit occurs, the deficit amount may be added to the amount to be collected through the levy for the current fiscal year or recovered through use of the Reserve Fund. When the actual costs and expenditures for the District are less than the amount budgeted and collected in the prior fiscal year, the District has a Beginning Balance Surplus. When a surplus occurs, the amount may be used to reduce assessments for the following year or may be added to the Reserve Fund. Balance to Levy: Represents the total amount to be levied and collected through assessments for the current fiscal year. The Balance to Levy represents the sum of Total Direct Costs, Indirect Costs, Reserve Fund Credit, Revenue Deficits, Other Revenue Sources, Revenue Surpluses, and Contribution Replenishments. District Statistics Total Parcels: Represents the total number of parcels within the District. Total Parcels To Levy: Represents the total number of parcels within the District that will be assessed. Non- assessed lots or parcels include easements, common areas, and parcels within the boundaries of the District that currently do not benefit from the improvements. Total Building Square Footage: Represents the sum total of the building square footage applied to parcels within the District. Total Front Footage (Parking Lot): Represents the sum total of the parking lot front footage applied to parcels within the District. Levy Rate per Building Square Foot: Represents the Rate being applied to each parcel’s individual building square footage (calculation of each parcel’s proportionate share of refuse collection services). The Levy Rate Page 512 of 563 2022/2023 Presidents’ Plaza Property and Business Improvement District Page 14 per Square Foot is the result of dividing the estimated total refuse cost for that ye ar by the sum of the District’s Total Building Square Footage. The rate is calculated to four decimal places. Levy Rate per Front Foot: Represents the Rate being applied to each parcel’s individual parking lot front footage (calculation of the parcel’s proportionate share of parking lot maintenance costs). The Levy Rate per Front Foot is the result of dividing the estimated total parking lot costs for that year by the sum of the District’s Total Parking Lot Front Footage. The rate is calculated to four decimal places. Indirect Cost Percentage: Represents the percentage applied to each parcel’s Direct Costs to determine the parcel’s proportionate share of the amount to be assessed for administrative expenses and Reserve Fund Collection. A maximum rate of fifteen percent (15%) has been established. An even Reserve Fund Credit has been applied for each year (five-years). District Budget The District Budget (Table 4) lists the estimated costs of providing the various improvements and services. The costs and the resulting rate for each fiscal year is based on the estimated costs to provide the improvements and services that year. The projected annual costs anticipated over the five-year duration of the District assessments have been calculated based on actuals, forecasting and an annual inflationary factor of three percent (3%) from the first fiscal year. However, this inflation factor does not mean the assessments will increase annually by three percent (3%). The owners’ association appointed by the City Council, w ill annually review the District costs, and make recommendations for any changes or adjustments to the budget. Changes to the budget, could result in changes to the annual assessment, but the resulting total assessment may not exceed the maximum rates established in the original Engineer’s Report without first obtaining property owner approval through assessment ballots. Page 513 of 563 2022/2023 Presidents’ Plaza Property and Business Improvement District Page A-1 Table 4: District Budgets FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 Direct Benefit Costs Landscape Maintenance 54,000.00$ 55,620.00$ 57,288.60$ 59,007.26$ 60,777.48$ Landscape Repairs 6,000.00 6,180.00 6,365.40 6,556.36 6,753.05 Miscellaneous Direct (waterlines, benches, tables, trash enclosures, graffiti removal, etc.) 20,000.00 20,600.00 21,218.00 21,854.54 22,510.18 Water 25,000.00 25,750.00 26,522.50 27,318.18 28,137.72 Lighting 28,200.00 29,046.00 29,917.38 30,814.90 31,739.35 Sweeping Services 6,300.00 6,489.00 6,683.67 6,884.18 7,090.71 Service Subtotal (Based on parking lot footage)139,500.00$ 143,685.00$ 147,995.55$ 152,435.42$ 157,008.48$ Solid Waste Removal Services 207,400.00$ 213,622.00$ 220,030.66$ 226,631.58$ 233,430.53$ Total Direct Benefit 346,900.00$ 357,307.00$ 368,026.21$ 379,067.00$ 390,439.01$ Indirect Costs District Administration 16,107.76$ 16,590.99$ 17,088.72$ 17,601.38$ 18,129.43$ County Administration Fee 210.42 216.73 223.24 229.93 236.83 County Per Parcel Fee 102.35 105.42 108.58 111.84 115.20 Miscellaneous Indirect 18,269.47 18,817.55 19,382.08 19,963.54 20,562.45 Administrative Subtotal 34,690.00$ 35,730.70$ 36,802.62$ 37,906.70$ 39,043.90$ Reserve Fund Collection (5%)17,345.00 17,865.35 18,401.31 18,953.35 19,521.95 Total Indirect Cost 52,035.00$ 53,596.05$ 55,203.93$ 56,860.05$ 58,565.85$ Levy Breakdown Total Direct Costs and Indirect Costs 398,935.00$ 410,903.05$ 423,230.14$ 435,927.05$ 449,004.86$ Anticipated Deficit or Surplus - - - - - Balance to Levy 398,935.00$ 410,903.05$ 423,230.14$ 435,927.05$ 449,004.86$ Estimated City Funded Projected Capital Improvement Project Reserve (Parking Lot Maintenance, etc.) 74,100.00 76,323.00 78,612.69 80,971.07 83,400.20 District Statistics Total Parcels 46 46 46 46 46 Total Parcels To Levy 42 42 42 42 42 Total Building Square Footage 288,900.00 288,900.00 288,900.00 288,900.00 288,900.00 Total Front Footage (Parking Lot)3,735.00 3,735.00 3,735.00 3,735.00 3,735.00 Levy Rate per Building Square Foot 0.7179$ 0.7394$ 0.7616$ 0.7845$ 0.8080$ % increase Levy Rate per Front Foot 37.3494$ 38.4699$ 39.6240$ 40.8127$ 42.0371$ % increase Indirect Cost Percentage(1)15.00000% 15.00000% 15.00000% 15.00000% 15.00000% Capital Improvement Project Reserve Fund Balance Previous Balance -$ 74,100.00$ 150,423.00$ 2,307,786.12$ 2,368,238.01$ Capital Improvement Project Reserve 74,100.00 76,323.00 78,612.69 80,971.07 83,400.20 Estimated Ending Balance 74,100.00$ 150,423.00$ 229,035.69$ 2,388,757.20$ 2,451,638.22$ Reserve Fund Balance Previous Balance 186,531.00$ 203,876.00$ 221,741.35$ 240,142.66$ 259,096.01$ Reserve Collection 17,345.00 17,865.35 18,401.31 18,953.35 19,521.95 Estimated Reserve Ending Balance 203,876.00$ 221,741.35$ 240,142.66$ 259,096.01$ 278,617.96$ Maximum Proposed Assessment for Fiscal Years 2022/23 through 2026/27 (Five Years) Budget Item Page 514 of 563 2022/2023 Presidents’ Plaza Property and Business Improvement District Page A-2 Appendix A — Assessment Diagram The Assessment Diagram for the District is shown in reduced format and inclusive of all parcels identified on the County of Riverside Assessor’s Parcel Maps as Book 627, Pages 212, 221 , and 222. The Assessment Diagram will be kept on file with the City Clerk of the City of Palm Desert. Page 515 of 563 2022/2023 Presidents’ Plaza Property and Business Improvement District Page A-3 Page 516 of 563 2022/2023 Presidents’ Plaza Property and Business Improvement District Page B-1 Appendix B – Actual Parcel Information The actual parcel information is shown in Table 5, includes building square footage and front footage, which are used in calculating each parcel’s proportionate share of all District Costs. Page 517 of 563 2022/2023 Presidents’ Plaza Property and Business Improvement District Page B-2 Table 5: Actual Parcel Information Page 518 of 563 2022/2023 Presidents’ Plaza Property and Business Improvement District Page C-1 Appendix C —Assessment Roll Parcel identification, for each lot or parcel within the District, shall be the parcel as shown on the County Assessor’s Map for the year in which this Plan is prepared. The Assessment Roll, which includes a listing of assessor parcels assessed within this District, along with their assessment amounts, is shown in Table 6. Page 519 of 563 2022/2023 Presidents’ Plaza Property and Business Improvement District Page C-2 Table 6: Assessment Roll Note: Total Assessment slightly different then total levy in budget due to rounding and County even penny rule. Assessor Parcel Number Refuse Collection Assessment FY 2022/2023 Parking Lot Assessment FY 2022/2023 Indirect Cost Assessment FY 2022/2023 Total Assessment FY 2022/2023 627-212-002 73669 HIGHWAY 111 $2,799.81 $1,867.47 $700.09 $5,367.36 627-212-003 73677 HIGHWAY 111 6,245.73 7,469.88 2,057.34 15,772.94 627-212-004 73731 HIGHWAY 111 6,102.15 3,734.94 1,475.56 11,312.64 627-212-005 73640 EL PASEO 8,686.59 6,349.39 2,255.39 17,291.36 627-212-006 73660 EL PASEO 4,163.82 1,867.47 904.69 6,935.98 627-212-009 73690 EL PASEO 5,886.78 1,867.47 1,163.13 8,917.38 627-212-010 73700 EL PASEO 2,297.28 1,867.47 624.71 4,789.46 627-212-011 73710 EL PASEO 3,589.50 1,867.47 818.54 6,275.50 627-212-012 73722 EL PASEO 1,722.96 1,867.47 538.56 4,128.98 627-212-014 73730 EL PASEO 3,589.50 1,867.47 818.54 6,275.50 627-212-015 73625 HIGHWAY 111 15,075.90 8,216.86 3,493.91 26,786.66 627-212-016 0.00 0.00 0.00 0.00 627-212-017 73670 EL PASEO 7,322.58 3,734.94 1,658.62 12,716.14 627-221-001 73741 HIGHWAY 111 3,445.92 1,867.47 797.00 6,110.38 627-221-002 73759 HIGHWAY 111 3,445.92 1,867.47 797.00 6,110.38 627-221-004 73760 EL PASEO 13,065.78 8,030.12 3,164.38 24,260.28 627-221-008 73740 EL PASEO 3,804.87 1,867.47 850.85 6,523.18 627-221-009 73750 EL PASEO 3,302.34 1,867.47 775.47 5,945.28 627-221-010 73801 HIGHWAY 111 1,148.64 8,403.61 1,432.83 10,985.08 627-221-011 0.00 0.00 0.00 0.00 627-222-002 73845 HIGHWAY 111 3,158.76 1,867.47 753.93 5,780.16 627-222-003 73851 HIGHWAY 111 2,369.07 1,867.47 635.48 4,872.02 627-222-004 73861 HIGHWAY 111 2,369.07 1,867.47 635.48 4,872.02 627-222-005 73871 HIGHWAY 111 2,153.70 1,867.47 603.17 4,624.34 627-222-008 73891 HIGHWAY 111 4,809.93 3,734.94 1,281.73 9,826.60 627-222-014 73965 HIGHWAY 111 3,374.13 1,867.47 786.24 6,027.84 627-222-015 73981 HIGHWAY 111 2,799.81 1,867.47 700.09 5,367.36 627-222-021 73880 EL PASEO 2,728.02 1,867.47 689.32 5,284.80 627-222-024 73900 EL PASEO 3,661.29 1,867.47 829.31 6,358.06 627-222-025 73910 EL PASEO 3,589.50 1,867.47 818.54 6,275.50 627-222-026 73920 EL PASEO 3,589.50 1,867.47 818.54 6,275.50 627-222-027 73930 EL PASEO 3,733.08 1,867.47 840.08 6,440.62 627-222-028 73940 EL PASEO 3,589.50 1,867.47 818.54 6,275.50 627-222-029 73950 EL PASEO 3,445.92 1,867.47 797.00 6,110.38 627-222-030 73956 EL PASEO 3,589.50 1,867.47 818.54 6,275.50 627-222-034 73925 HIGHWAY 111 4,522.77 3,734.94 1,238.65 9,496.36 627-222-038 73890 EL PASEO 7,107.21 3,734.94 1,626.32 12,468.46 627-222-041 73885 HIGHWAY 111 4,235.61 2,801.20 1,055.52 8,092.32 627-222-042 0.00 0.00 0.00 0.00 627-222-043 45211 PORTOLA AVE 0.00 0.00 0.00 0.00 627-222-044 73990 EL PASEO 9,548.07 5,228.91 2,216.54 16,993.52 627-222-048 73941 HIGHWAY 111 5,599.62 3,734.94 1,400.18 10,734.74 627-222-052 73820 EL PASEO 8,399.43 9,337.35 2,660.51 20,397.28 627-222-053 73833 HIGHWAY 111 5,886.78 5,602.41 1,723.37 13,212.56 627-222-055 73970 EL PASEO 10,768.50 3,734.94 2,175.51 16,678.94 627-222-058 73993 HIGHWAY 111 6,676.47 5,228.91 1,785.80 13,691.18 $207,401.31 $139,499.97 $52,035.00 $398,936.04 Situs Address Page 520 of 563 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 14, 2022 PREPARED BY: Angel J. Cardoz, Senior Financial Analyst REQUEST: APPROVE OUTSIDE AGENCY FUNDING COMMITTEE RECOMMENDATIONS FOR FY 2022/2023 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND USE OF FUNDING, AND ANNUAL ACTION PLAN FY 2022-2023 RECOMMENDATION: 1. Conduct a public hearing and accept public comment related to the Community Development Block Grant (“CDBG”) Program proposed Annual Action Plan (FY 2022/2023), FY 2022/2023 Funding Award Recommendations and related items. 2. Approve Outside Agency Funding Committee (“Committee”) recommendations for FY 2022/2023 CDBG award of subrecipients, Programs and/or Projects and funding amounts as proposed. 3. Approve the use of the FY 2022/2023 CDBG funding allocation awarded to the City of Palm Desert (“City”) by the U.S. Department of Housing and Urban Development (“HUD”) for the proposed funding of subrecipient’s Programs and/or Projects recommended by the Committee. 4. Approve the City’s FY 2022/2023 CDBG Annual Action Plan (“Annual Plan”). 5. Authorize staff to submit the City’s CDBG Annual Plan to HUD. 6. Authorize the Mayor and/or the City Manager to execute any documents necessary to effectuate the actions taken herewith. BACKGROUND/ANALYSIS: The Community Development Block Grant (CDBG) Program, which is administered by the U.S. Department of Housing and Urban Development (HUD) provides eligible jurisdictions federal funds to address the needs of low- and moderate-income people, to allow for neighborhood improvements, and to be available for urgent needs. The City is required to submit an application (Action Plan) annually to HUD that outlines CDBG funding recommendations while addressing other federal requirements. In Fiscal Year 2022/2023, the City will receive $394,525 in CDBG funds. The CDBG funding recommendations are summarized on the next page and attached as Exhibit A . Page 521 of 563 City of Palm Desert Approve Outside Agency Funding Committee Recommendations Page 2 of 3 The summary of grant applications, which includes on overview of applicants and funding rationales, can be found as Exhibit B. The Action Plan is attached as Exhibit C. City staff has worked with our CDBG Consultant to ensure completion of the various steps necessary during the development of the Action Plan to promote public participation, which is consistent with the City’s HUD-approved Citizen Participation Plan. Those public participation activities include: • May 3, 2022: The City held a community workshop to receive comments regarding the development of the Annual Action Plan. The City conducted outreach and issued public notices regarding the application process for subrecipient awards as well. • May 31, 2022: The Outside Agency Funding Committee (Committee) convened to allow for public comment and discussion of the CDBG funding recommendations. The Committee unanimously recommended the City Council approve the CDBG funding recommendations. • June 15, 2022: City staff opened an additional 30-day public comment period. • July 14, 2022: End of the 30-day public comment period. Following City Council’s consideration and the public comment period, City staff anticipates submitting the Action Plan to HUD for approval on July 15, 2022. Page 522 of 563 City of Palm Desert Approve Outside Agency Funding Committee Recommendations Page 3 of 3 Commission Recommendation The Action Plan for 2022/2023 was presented to the Outside Agency Committee for consideration on May 31, 2022 and unanimously approved. FINANCIAL IMPACT: The submission of the Action Plan is required to receive the City’s federal formula allocation of $394,525 in CDBG funds for Fiscal Year 2022/2023. There is no impact to the General Fund. REVIEWED BY: Department Director: Veronica Chavez City Attorney: Robert W. Hargreaves Finance Director: Veronica Chavez Assistant City Manager: Andy Firestine City Manager: L. Todd Hileman ATTACHMENTS: 1. Exhibit A - CDBG Funding Recommendations 2. Exhibit B - Summary of Grant Applications 3. Exhibit C – Action Plan 4. Exhibit D - Notice of Public Comment 5. Exhibit E - Outside Agency Funding Committee Minutes Page 523 of 563 Fiscal Year 2022-23 CDBG Funding Recommendations CDBG Allocation: $ 394,525 Activity Description /Location Requests Recommendations Committee Public Services (15% Cap) 1 Coachella Valley Women's Business Center Technical assistance to early-stage entrepreneurs $25,000.00 $0.00 2 Desert Access and Mobility Transportation services to individuals who are blind, disabled, or cannot drive safely $10,000.00 $10,000.00 3 Elder Love USA, Inc Senior small home repair focused primarily on safety and security $45,000.00 $10,000.00 4 Fair Housing Council of Riverside County* Federally mandated fair housing services $24,500.00 $22,200.00 5 Operation Safe House, Inc. Case management services for homeless youth at a transitional living facility $10,000.00 $10,000.00 $114,500.00 $52,200.00 Public Facilities and Improvements (No Cap) 9 Cahuilla Hills ADA Compliance Project Budget ADA restroom upgrades, ADA-compliant parking space, and trailhead grading/paving to provide ADA access $350,000.00 $183,420.00 10 Desert Arc ADA restroom upgrades $125,000.00 $80,000.00 11 The Joslyn Center ADA restroom upgrades $80,000.00 $0.00 12 The Ranch Recovery Centers Replace flooring for 2 men dorms and replace air conditioners in 8 women housing units. $75,340.00 $0.00 $630,340.00 $263,420.00 Program Administration (20% Cap) 13 Fair Housing Council of Riverside County* Federally mandated fair housing services $20,000.00 $20,000.00 14 Grant Administration Overall grant management $58,905.00 $58,905.00 $78,905.00 $78,905.00 $ 823,745.00 $ 394,525.00 *Note that Fair Housing Council of Riverside submitted one request for a total of $44,500; however, in the table, the project is broken out as two requests to differentiate between activity types. Page 524 of 563 Appendix B: Summary of Grant Applications Below you will find a summary of each grant application for Fiscal Year 2022-23. 1. Coachella Valley Women’s Business Center (Public Services) • Requested Amount: $25,000 • Funding Recommendation: $ 0 • Program Description: o The agency provides training and assistance to new business owners with the steps of obtaining required licenses and permits, along with writing a business plan, preparing (and understanding) financial statements, and developing a solid marketing plan with which to promote the business. They will reach out to the underserved early-stage entrepreneurs to help them to rebuild their businesses with a solid legal and business foundation. Beginning with the most basic classes, including a series on how to write a business plan, marketing, financials, and QuickBooks, the center will give participants the foundational knowledge they need, and they will work with CVWBC counselors to make sure that they are properly licensed, that they are compliant in human resource related subjects such as payroll and hiring, and insurance. The agency proposes to serve 20 businesses, 20 jobs will be retained and 10 jobs created. 2. Desert Access & Mobility (Public Services) • Requested Amount: $10,000 • Funding Recommendation: $10,000 • Program Description: o The agency provides transportation services to individuals who are blind, disabled or cannot drive safety. Clients are assisted from their front doors to final destinations (e.g., doctors, groceries, employment), and can be picked up typically within 15 to 20 minutes for return transportation services. Drivers can assist members with carrying packages or groceries as well. The agency proposes to serve 75 clients. They are now taking two persons per ride instead of one person, which was done during COVID. 3. Elder Love USA, Inc. (Public Services) • Requested Amount: $45,000 • Funding Recommendation: $10,000 • Program Description: o The agency will provide homeowner rehabilitation to elderly owners and/or disabled and 65 years of age or older. The focus is any health and safety repairs, such as installation of grab bars in the bathroom, installing 10-year Page 525 of 563 smoke and carbon monoxide detectors, ramps, security devices, etc. They will also assist with minor home repairs such as broken locks, doors, plumbing issues, electrical issues, and clearing of bushes or other landscaping needs where it is unsafe (such as on sidewalks or entry ways, etc). The agency proposes to serve 50 persons. 4. Fair Housing Council of Riverside County (Public Services & Program Administration) • Requested Amount: $44,500 • Funding Recommendation: $42,200 • Program Description: o The agency provides fair housing services throughout Riverside County. As a recipient of CDBG funds, the City is mandated to provide fair housing services. The agency requests funds for various operational costs and proposes to serve 450 households. 5. Operation Safehouse (Public Services) • Requested Amount: $10,000 • Funding Recommendation: $10,000 • Program Description: o The agency serves runaway youth, homeless and at-risk youth in the Coachella Valley. The agency requests funds for staffing to continue the operation of the Harrison House (transitional living home), which supports homeless young adults ages 18 to 22 who seek becoming independent and self-sufficient adults. The agency proposes to serve 10 youth. 6. City of Palm Desert, ADA improvements at Cahuilla Hills Park (Public Facilities and Improvements) • Requested Amount: $350,000 • Funding Recommendation: $183,420 • Project Description: o Cahuilla Hills Park, located in south Palm Desert, was evaluated by Disability Access Consultants and several improvements were identified to bring the trailhead into ADA compliance. Although these improvements include areas throughout the park, Staff have identified the following activities to initiate broader ADA access in the future: Install ADA Parking ($50,000), ADA Restroom Upgrades, and ADA Cement Pad/Grading ($150,000). 7. Desert Arc (Public Facilities and Improvements) • Requested Amount: $ 125,000 • Funding Recommendation: $ 80,000 • Project Description: o The agency enhances the quality of life and creates opportunities for people Page 526 of 563 with disabilities. The agency requests funds to upgrade restrooms in Building 1 to meet ADA requirements. These restrooms are located in the area joining the cafeteria and the Adult Day Program. Clients using the restrooms are clients in the Kitchen Academy (part of the Work Activity Program), clients in the Independent Placement Program that use Building 1 as their base, and clients in the Adult Day Program that have a workshop in Building 1. In addition, clients eating in the cafeteria also have access to these restrooms. 8. The Joslyn Center (Public Facilities and Improvements) • Requested Amount: $ 80,000 • Funding Recommendation: $ 0 • Project Description: o The agency provides numerous services for seniors, including social and health/wellness programs. The agency requests funds to begin constructing Americans with Disabilities Act (ADA) improvements in its restroom facilities. 9. The Ranch Recovery Centers (Public Facilities and Improvements) • Requested Amount: $ 75,340 • Funding Recommendation: $ 0 • Project Description: o The agency is a substance abuse treatment center, providing residential treatment, detoxification, sober living and family program services. Facility Improvements – The Ranch (Men’s Facility) remove old carpeting and replace flooring with tile in both dorms. This will enhance the health, safety and cleanliness for the clients. Hacienda Valdez (Women’s Facility) replace old air conditioners in eight (8) women’s housing units (rooms). This will enhance quality of life during the hot summer months. 10. City of Palm Desert (Administration) • Requested Amount: $58,905 • Funding Recommendation: $58,905 • Project Description: The City can allocate up to 20% of new funds for administrative costs to manage the CDBG Program. The total amount of recommended administrative funds is approximately 76% of the Fiscal Year 2021-22 CDBG allocation. Page 527 of 563 FISCAL YEAR 2022-23 ANNUAL ACTION PLAN DRAFT 06/15/2022 PUBLIC COMMENT PERIOD June 15, 2022 – July 14, 2022 Page 528 of 563 Annual Action Plan 2022 1 OMB Control No: 2506-0117 (exp. 09/30/2021) Executive Summary AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) 1. Introduction As a requirement of the U.S. Department of Housing and Urban Development, this document represents the Program Year 2022 Annual Action Plan. The City of Palm Desert (City) has been allocated $394,525 in Community Development Block Grant (CDBG) funds. 2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan. The Annual Action Plan is intended to fund high-priority community needs identified during the annual Citizen Participation Plan process while concurrently aligning with the goals of the previously-approved Program Year 2018-2023 Consolidated Plan. 3. Evaluation of past performance This is an evaluation of past performance that helped lead the grantee to choose its goals or projects. A performance evaluation is annually performed through HUD’s review of the Consolidated Annual Performance and Evaluation Report (CAPER). This document states the objectives and outcomes identified in each Annual Action Plan and includes an evaluation of past performance through measurable goals and objectives relative to actual performance. Prior documents can be found at the Palm Desert City Hall. 4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan. The City held a public comment period from June 15, 2022, through July 14, 2022. On July 14, 2022, the City Council held a public hearing to provide residents an additional opportunity to review and comment on programming of CDBG funds. 5. Summary of public comments Page 529 of 563 Annual Action Plan 2022 2 OMB Control No: 2506-0117 (exp. 09/30/2021) This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan. The City did not receive any public comments. 6. Summary of comments or views not accepted and the reasons for not accepting them The City did not receive any public comments. 7. Summary This Annual Action Plan identifies CDBG-eligible activities selected by the City to fund this program year. These activities align with the goals and outcomes identified in the Consolidated Plan. Also, these activities are administered by both the City as the grantee and nonprofit organizations as subrecipients. This Annual Action Plan enables the City to examine high-priority community needs; to propose activities that effectively utilize resources to address those needs; and to improve the quality of life for low and moderate-income persons. Page 530 of 563 Annual Action Plan 2022 3 OMB Control No: 2506-0117 (exp. 09/30/2021) PR-05 Lead & Responsible Agencies – 91.200(b) 1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source. Agency Role Name Department/Agency Lead Agency PALM DESERT CDBG Administrator City Manager's Office / City of Palm Desert HOPWA Administrator HOME Administrator HOPWA-C Administrator Table 1 – Responsible Agencies Narrative (optional) Consolidated Plan Public Contact Information Mr. Angel Cardoz Financial Management Analyst 73-510 Fred Waring Drive 760-776-6389 Page 531 of 563 Annual Action Plan 2022 4 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-10 Consultation – 91.100, 91.200(b), 91.215(l) 1. Introduction The City followed its HUD-approved Citizen Participation Plan to consult with the public, nonprofit organizations, governmental agencies, and other stakeholders to prepare the Annual Action Plan as required by 24 CRF 91.100. Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l)) On May 3, 2022, a community workshop/public hearing was held to receive comments regarding the development of the Annual Action Plan. The City conducted outreach and issued public notices regarding the application process for subrecipient awards as well. On May 31, 2022, the City's Outside Agency Funding Committee recommended CDBG budget recommendations, which are incorporated into the Annual Action Plan. The City held a 30-day public comment period from June 15, 2022, through July 14, 2022. On July 14, 2022, the City Council held a public hearing to provide residents an additional opportunity review and comment regarding CDBG funding recommendations. The City Council approved the submission of the Annual Action Plan. The City submitted the Annual Action Plan on July 15, 2022. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. The City is actively involved in multiple activities to address the needs of homeless persons, which include coordination with the Continuum of Care. For example, the City is involved in regional coordination efforts between stakeholders throughout the Coachella Valley and Riverside County. The City has historically funded homelessness services coordinated regionally through the Coachella Valley Association of Governments (CVAG). For years, the City contributed funds to CVAG for the operation of Roy’s Desert Resource Center, which permanently closed in July 2017. Since then, CVAG has allocated its regional financial commitments for other homelessness services. The City recently made another financial commitment in the amount of $100,000 to CVAG to continue to implement homelessness services. A summary of accomplishments can be found at City Hall. Page 532 of 563 Annual Action Plan 2022 5 OMB Control No: 2506-0117 (exp. 09/30/2021) The City operates a homelessness assistance program as well. The program that has a primary focus on homelessness locally. The program contracts with the Riverside University Health System to provide a Behavioral Health Specialists in Palm Desert to focus on providing homelessness services. Please note the County of Riverside coordinates the Continuum of Care as well. Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The City does not receive Emergency Solutions Grant (ESG) funds. 2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities Page 533 of 563 Annual Action Plan 2022 6 OMB Control No: 2506-0117 (exp. 09/30/2021) Table 2 – Agencies, groups, organizations who participated 1 Agency/Group/Organization Fair Housing Council of Riverside County, Inc., Agency/Group/Organization Type Service-Fair Housing What section of the Plan was addressed by Consultation? Housing Need Assessment Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The subrecipient applied for CDBG funds to provide public services (fair housing). 2 Agency/Group/Organization Cove Communities Senior Association dba The Joslyn Center Agency/Group/Organization Type Services-Elderly Persons What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The subrecipient applied for CDBG funds to provide public services (elderly persons). 3 Agency/Group/Organization OPERATION SAFEHOUSE, INC. Agency/Group/Organization Type Services-homeless What section of the Plan was addressed by Consultation? Homelessness Needs - Unaccompanied youth Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The subrecipient applied for CDBG funds to provide public services (homeless/unaccompanied youth). 4 Agency/Group/Organization Desert Access and Mobility Agency/Group/Organization Type Services-Persons with Disabilities What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The subrecipient applied for CDBG funds to provide public services (persons with disabilities). Page 534 of 563 Annual Action Plan 2022 7 OMB Control No: 2506-0117 (exp. 09/30/2021) 5 Agency/Group/Organization John F. Kennedy Memorial Foundation/Healthy Family Agency/Group/Organization Type Services-Children What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The subrecipient applied for CDBG funds to construct public facilities and improvements (serving at-risk youth). 6 Agency/Group/Organization DESERT ARC Agency/Group/Organization Type Services-Persons with Disabilities What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The subrecipient applied for CDBG funds to construct public facilities and improvements (serving people with disabilities). Identify any Agency Types not consulted and provide rationale for not consulting The City attempts to keep a comprehensive list of stakeholders potentially eligible to receive CDBG funds for activities consistent with the Consolidated Plan goals. As some stakeholders undergo staffing changes, on occasion City staff is unaware of such changes throughout the program year. As a result, some stakeholders may not realize the City is attempting to consult with their organizations during the Annual Action Plan process. To mitigate this concern, City staff updates its contact list annually to ensure proper channels of communication with stakeholders. Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care Table 3 – Other local / regional / federal planning efforts Narrative (optional) Page 535 of 563 Annual Action Plan 2022 8 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-12 Participation – 91.105, 91.200(c) 1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting On May 3, 2022, a community workshop/public hearing was held to receive comments regarding the development of the Annual Action Plan. The City conducted outreach and issued public notices regarding the application process for subrecipient awards as well. On May 31, 2022, the City's Outside Agency Funding Committee recommended CDBG budget recommendations, which are incorporated into the Annual Action Plan. The City held a 30-day public comment period from June 15, 2022, through July 14, 2022. On July 14, 2022, the City Council held a public hearing to provide residents an additional opportunity review and comment regarding CDBG funding recommendations. The City Council approved the submission of the Annual Action Plan. The City submitted the Annual Action Plan on July 15, 2022. Citizen Participation Outreach Sort Or der Mode of Ou treach Target of Ou treach Summary of response/atte ndance Summary of comments re ceived Summary of co mments not accepted and reasons URL (If applica ble) 1 Public Hearing Non- targeted/bro ad community Public Hearing (05/03/2022 6 3 0 Page 536 of 563 Annual Action Plan 2022 9 OMB Control No: 2506-0117 (exp. 09/30/2021) Sort Or der Mode of Ou treach Target of Ou treach Summary of response/atte ndance Summary of comments re ceived Summary of co mments not accepted and reasons URL (If applica ble) 2 Public Meeting Non- targeted/bro ad community Outside Agency Meeting (05/31/2022 ) 0 0 0 4 Public Hearing Public Hearing (07/14/22) ____ 0 0 Table 4 – Citizen Participation Outreach Page 537 of 563 Annual Action Plan 2022 10 OMB Control No: 2506-0117 (exp. 09/30/2021) Expected Resources AP-15 Expected Resources – 91.220(c)(1,2) Introduction This Annual Action Plan represents an allocation from HUD in the amount of $394,525 in CDBG funds for Program Year 2022. Anticipated Resources Program Source of Funds Uses of Funds Expected Amount Available Year 1 Expected Amount Available Remainder of ConPlan $ Narrative Description Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ CDBG public - federal Acquisition Admin and Planning Economic Development Housing Public Improvements Public Services 394,525 0 0 394,525 394,525 Table 5 - Expected Resources – Priority Table Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied The above sources of funding have been identified as available funds to be leveraged with, where and when possible, nonprofit organizations Page 538 of 563 Annual Action Plan 2022 11 OMB Control No: 2506-0117 (exp. 09/30/2021) and other entities awarded CDBG funds to provide assistance to meet the goals and objectives as outlined within the City's Five-Year Consolidated Plan and One-Year Annual Action Plan. Funded organizations will also utilize awarded funds to leverage, where and when possible, dollars available through the organization as well as other grant awards and/or donations to undertake programs/projects that may not otherwise be possible. Organizations have more flexibility to utilize funding more efficiently and effectively to provide needed support services to clients. Page 539 of 563 Annual Action Plan 2022 12 OMB Control No: 2506-0117 (exp. 09/30/2021) If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan N/A Discussion The City will continue to allocate CDBG funding and other sources of funding when and where available to meet the needs of qualifying individuals as designated by HUD. Programs and projects will be targeted that address goals and objectives identified within the Annual Action Plan and Consolidated Plan. In addition, the funds will be targeted so as to provide the maximize benefit to those in need. Page 540 of 563 Annual Action Plan 2022 13 OMB Control No: 2506-0117 (exp. 09/30/2021) Annual Goals and Objectives AP-20 Annual Goals and Objectives Goals Summary Information Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 1 Support efforts to combat homelessness 2018 2023 Homeless Citywide Homelessness CDBG: $10,000 Public Facility or Infrastructure Activities for Low/Moderate Income Housing Benefit: 10 Youth Assisted 2 Enhance public facilities 2018 2023 Non-Housing Community Development Citywide Public Facilities CDBG: $263,420 Other: 3 Other 3 Increase fair housing activities 2018 2023 Citywide Fair Housing CDBG: $42,200 Public service activities for Low/Moderate Income Housing Benefit: 450 Households Assisted 4 Provide support for public service programs 2018 2023 Non- Homeless Special Needs Citywide Special Needs Populations Low-to- Moderate Income Housing CDBG: $20,000 Public service activities for Low/Moderate Income Housing Benefit: 135 Households Assisted Table 6 – Goals Summary Page 541 of 563 Annual Action Plan 2022 14 OMB Control No: 2506-0117 (exp. 09/30/2021) Goal Descriptions 1 Goal Name Support efforts to combat homelessness Goal Description Support activities to prevent and end homelessness, such as funding affordable housing opportunities, and resource centers for homeless individuals 2 Goal Name Enhance public facilities Goal Description Improve City of Palm Desert public facilities and infrastructure to benefit residents in low- and moderate-income target areas or those presumed under HUD regulations to be low- and moderate-income such as the elderly and disabled adults. 3 Goal Name Increase fair housing activities Goal Description Promote fair housing choice by funding fair housing organizations to provide fair housing services, such as education, tenant-landlord mediation, and testing. 4 Goal Name Provide support for public service programs Goal Description Provide lower-income persons with appropriate health, fitness, recreational, educational and other services to support the emotional and developmental well- being of low- and moderate-income families Page 542 of 563 Annual Action Plan 2022 15 OMB Control No: 2506-0117 (exp. 09/30/2021) Projects AP-35 Projects – 91.220(d) Introduction The Annual Action Plan identifies funding the following activities: Public Services ($52,200) Public Facilities and Improvements ($263,420) Program Administration ($78,905) Projects # Project Name 1 Public Facilities and Improvements 2 Public Services 3 Program Administration Table 7 - Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs The City identifies its highest priority needs during its citizen participation process every year and the Consolidated Plan process every five years. Activities are funded annually taking into consideration these highest priority needs. The primary obstacle to address underserved needs in the community is the lack of resources to provide a greater level of assistance. Page 543 of 563 Annual Action Plan 2022 16 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-38 Project Summary Project Summary Information Page 544 of 563 Annual Action Plan 2022 17 OMB Control No: 2506-0117 (exp. 09/30/2021) 1 Project Name Public Facilities and Improvements Target Area Citywide Goals Supported Enhance public facilities Needs Addressed Special Needs Populations Public Facilities Funding CDBG: $263,420 Description Funding public facilities and improvements at the City of Palm Desert Cahuilla Hills Park ADA Compliance Project ($183,420) and Desert ARC ($80,000) Eligible Activity (Matrix Code): 03F; 03G; 03A. CDBG National Objective: LMC Target Date 6/30/2023 Estimate the number and type of families that will benefit from the proposed activities Cahuilla Hills Park ADA Compliance: 1 facility improvement Desert ARC: 1 facility improvement Location Description City of Palm Desert Cahuilla Hills Park: 45825 Edgehill Drive, Palm Desert, CA 92260 Desert ARC: 73255 Country Club Dr, Palm Desert, CA 92260 Planned Activities City of Palm Desert Cahuilla Hills Park ($183,420) – ADA restroom upgrades, ADA-compliant parking space and trailhead grading/paving to provide ADA access Desert ARC ($80,000) – ADA restroom upgrade 2 Project Name Public Services Target Area Citywide Goals Supported Provide support for public service programs Increase fair housing activities Needs Addressed Special Needs Populations Fair Housing Funding CDBG: $52,200 Page 545 of 563 Annual Action Plan 2022 18 OMB Control No: 2506-0117 (exp. 09/30/2021) Description Desert Access & Mobility ($10,000), Elder Love USA, Inc. ($10,000), *Fair Housing Council of Riverside County $22,200 – and Operation SafeHouse ($10,000). *Fair Housing Council of Riverside County has been split into two categories: Public Service and Administration Eligible Activity (Matrix Code): 05A; 05D; 05E; 05J. CDBG National Objective: LMC Target Date 6/30/2023 Estimate the number and type of families that will benefit from the proposed activities Desert Access & Mobility: 75 Elder Love USA, Inc.: 50 Fair Housing Council of Riverside County: 450 Operation SafeHouse: 10 Location Description Desert Access & Mobility: 471 E. Tahquitz Canyon Way, Suite 218, Palm Springs, CA 92262 Elder Love USA, Inc.: 41550 Eclectic Street, Palm Desert, CA 92260 Fair Housing Council of Riverside County: 4164 Brockton Avenue, Riverside, CA 92501 Operation SafeHouse: 9685 Hayes Street, Riverside, CA 92503 Planned Activities Desert Access & Mobility: Transportation services to individuals who are blind, disabled or cannot drive safely Elder Love USA, Inc.: The agency will provide homeowner health and safety repairs to elderly owners and/or disabled and 65 years of age or older to their homes Fair Housing Council of Riverside County: Mandated fair housing services Operation SafeHouse: Case management services for homeless youth at a transitional living facility 3 Project Name Program Administration Target Area Citywide Page 546 of 563 Annual Action Plan 2022 19 OMB Control No: 2506-0117 (exp. 09/30/2021) Goals Supported Enhance public facilities Provide support for public service programs Increase fair housing activities Needs Addressed Homelessness Special Needs Populations Low-to-Moderate Income Housing Public Facilities Fair Housing Funding CDBG: $78,905 Description Program Administration ($58,905) and fair housing services ($20,000) Eligible Activity (Matrix Code): 21A; 21D. CDBG National Objective: LMC Planning and Administration: CDBG Citation: 570.206(a) Target Date 6/30/2023 Estimate the number and type of families that will benefit from the proposed activities Program Administration: N/A Fair Housing Council of Riverside County: Statistics under public services Location Description Program Administration: 73510 Fred Waring Drive, Palm Desert, CA 92260 Fair Housing Council of Riverside County: 4164 Brockton Avenue, Riverside, CA 92501 Planned Activities Program Administration: CDBG grant management Fair Housing Council of Riverside County: federally mandated fair housing services Page 547 of 563 Annual Action Plan 2022 20 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-50 Geographic Distribution – 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed The City of Palm Desert is located in Riverside County; particularly, the Coachella Valley. Historically, the City has not had any low- and moderate-income census tracts; however, the City now has two eligible census tracts as of recently (ACS data). CDBG funds will be used for low- and moderate-income clientele (or presumed benefit). Geographic Distribution Target Area Percentage of Funds Citywide 100 Table 8 - Geographic Distribution Rationale for the priorities for allocating investments geographically The City has not historically funded CDBG activities based upon geographic areas since there have not been eligible low and moderate-income census tracts; however, HUD recently revised the census criteria used to determine eligibility. As a result, the City now has two CDBG-eligible census tracts. City staff is currently exploring the possibility of a Section 108 Loan for City Council’s consideration in subsequent program years. Discussion N/A Page 548 of 563 Annual Action Plan 2022 21 OMB Control No: 2506-0117 (exp. 09/30/2021) Affordable Housing AP-55 Affordable Housing – 91.220(g) Introduction The City is not undertaking any CBDG-funded housing activities in the program year. One Year Goals for the Number of Households to be Supported Homeless 0 Non-Homeless 0 Special-Needs 0 Total 0 Table 9 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 0 The Production of New Units 0 Rehab of Existing Units 0 Acquisition of Existing Units 0 Total 0 Table 10 - One Year Goals for Affordable Housing by Support Type Discussion N/A Page 549 of 563 Annual Action Plan 2022 22 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-60 Public Housing – 91.220(h) Introduction The City will not undertake activities that address public housing in the program year. Actions planned during the next year to address the needs to public housing Not Applicable. The City does not own nor operate public housing. Actions to encourage public housing residents to become more involved in management and participate in homeownership Not Applicable. The City does not own nor operate public housing. If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance Not Applicable. The City does not own nor operate public housing. Discussion Not Applicable. The City does not own nor operate public housing. Page 550 of 563 Annual Action Plan 2022 23 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction The City will continue to work with nonprofit organizations, government agencies, and other stakeholders to fund activities that help prevent and reduce homelessness. Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The City operates a homelessness assistance program as well. The program that has a primary focus on homelessness locally. The program contracts with the Riverside University Health System to provide a Behavioral Health Specialists in Palm Desert to focus on providing homelessness services. Addressing the emergency shelter and transitional housing needs of homeless persons The Housing First approach adopted by the County and CoC requires that homeless are helped into permanent housing or rapid re-housing as soon as possible. Transitional housing beds have begun to decrease countywide and permanent housing is increasing because of reallocations made in the HUD CoC Program Consolidated Application and the CoC’s success in obtaining new funding for permanent supportive housing. Both transitional housing and emergency shelters focus on lessening the time that a homeless person or family’s length of time homeless (LOTH) in the shelter by effective and quick assessment of homeless clients and getting them stabilized into permanent housing with intensive case management initially and support in the initial phase of residency in permanent housing. This period will serve as a time to address the other needs to maintain self-sufficiency either by accessing mainstream benefits, employment or medical or mental health support. The CoC collaborates with the City and other stakeholders to integrate CoC programs, Emergency Solutions Grant (ESG), Social Services to Veteran Families (SSVF), and CDBG funding to increase the number of persons with rapid re-housing assistance. Also, other non-McKinney-Vento funding sources, such as Emergency Food and Shelter Program (EFSP), funded under Federal Emergency Management Agency (FEMA) will be matched as a source for rental / mortgage assistance for families that are homeless or at-risk of homelessness in the County’s strategy to meet this goal. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals Page 551 of 563 Annual Action Plan 2022 24 OMB Control No: 2506-0117 (exp. 09/30/2021) and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again The CoC implemented a Coordinated Entry System (CES) to assess homeless persons using the VI-SPDAT that tracks the length of time a client has been on the streets or in an emergency shelter. DPSS uses HUD’s CoC Program planning grant funding to measure system-wide performance in HMIS, such as length of time homeless. This is used to help the CoC prioritize and house those with longest length of time homeless. The planning process also included working with the CoC Standards and Evaluation Committee to continue developing strategies to prioritize persons with longest time homeless and most severe needs, including: The CoC has also adopted a Housing First approach that is evidenced-based and endorsed by HUD to place a homeless person in permanent housing and provide supportive services intended to keep them stably housed. Homeless CoC youth providers have implemented outreach and service-based events in the communities to draw homeless youth, unaccompanied and transitional age into contact with services available to them. The Operation SafeHouse is the only CoC youth provider that has opened a permanent supportive housing program called the Harrison House, which is for transitional age youth, in the eastern desert region of Riverside County. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs. The CoC Discharge Policy is mandated by the State and followed by the CoC. The CoC established a Discharge Planning Committee, responsible for implementing policies and protocols and coordinating with various organizations, to ensure that persons being discharged from a publicly-funded institution or system of care are not discharged immediately into homelessness. The goals are to identify discharge housing needs inclusive of housing and supportive services and to link the individual with community resources that will include mental health services, substance abuse support, and housing. The Hospital Association of Southern California Inland Area serves as the lead agency on the Discharge Planning Committee to facilitate communication regarding the discharge planning needs of homeless persons from acute care hospitals. The Riverside County University Health System – Behavioral Health, collaborates with DPSS and the CoC in the coordination and implementation of discharge planning for homeless individuals disabled by a serious mental health and/or substance abuse disorder(s). Foster Care and extended foster care programs help transition dependent youth who are emancipating from Page 552 of 563 Annual Action Plan 2022 25 OMB Control No: 2506-0117 (exp. 09/30/2021) foster care to independent living. The Department of Public Social Services, Riverside Sheriff’s, and Probation Department support the Continuum of Care’s mission of working towards reintegrating persons leaving correctional facilities to community-based living and self-sufficiency. Discussion N/A Page 553 of 563 Annual Action Plan 2022 26 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-75 Barriers to affordable housing – 91.220(j) Introduction: The City does not plan to undertake any activities this program year using CDBG funds to remove barriers to affordable housing. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment The City does not plan to undertake any activities this program year using CDBG funds to remove barriers to affordable housing. Discussion: N/A Page 554 of 563 Annual Action Plan 2022 27 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-85 Other Actions – 91.220(k) Introduction: The City will continue to work with various stakeholders to meet the needs of its residents that remain in-need of CDBG-eligible activities consistent with Consolidated Plan goals. Actions planned to address obstacles to meeting underserved needs The City will continue to work toward the reduction/elimination of obstacles to meet underserved needs through the funding of various organizations that are established to provide direct services to those in need. The City is not equipped to provide direct services; therefore, funding organizations that do is essential to our success in addressing the identified goals and objectives. The City will continue to partner with service providers to address obstacles and address barriers that exist. In addition, the City works with the County of Riverside, the CoC, local agencies, nonprofits, etc. to address various aspects related to CoC programs and activities, as well as obstacles that face the underserved in general. However, the CoC addresses issues relative to homelessness, mental and physical illnesses, domestic violence, etc. and has a wide range of members where collaboration in other areas is an option. Through these working relationships, obstacles such as lack of communication between agencies, improved services, limited resources, tracking and monitoring, and other needed resources are obtained, gaps in services are better identified, and there is a more cohesive approach to identifying and resolving issues. Actions planned to foster and maintain affordable housing The City and the Palm Desert Housing Authority will continue to maintain the existing affordable housing stock through the funding sources identified previously; however, as noted with the elimination of redevelopment agencies, there is no longer what is considered “20% Set Aside Funds”. Therefore, maintaining existing properties and programs will be the primary focus, provided funding is available, for some time to come. However, new projects and programs will be planned and implemented where and when possible. Actions planned to reduce lead-based paint hazards The City’s Building & Safety and Housing departments distribute informational pamphlets on Lead Based Paint Hazards and refer all calls to the County of Riverside Environmental Health Department. The City addresses this issue on a case by case basis through multiple steps. Actions planned to reduce the number of poverty-level families The City is continuing to team up with service providers to provide assistance for poverty level families, including funding food and services options during the Program Year. In addition, the City will seek out Page 555 of 563 Annual Action Plan 2022 28 OMB Control No: 2506-0117 (exp. 09/30/2021) additional partnerships for programs that encourage self sufficiency including employment and training, housing options, and safety net programs. Actions planned to develop institutional structure The City will continue to work with outside agencies to maintain and develop relationships, including with nonprofit organizations, private businesses, the CoC, and nonprofit organizations in the region. Actions planned to enhance coordination between public and private housing and social service agencies The City will continue to work with various County departments, agencies, and nonprofit organizations to identify and carry out goals and objectives of the CDBG Program, and to create a more cooperative working relationship with all interested parties. The City invites these groups to attend public hearings, community meetings, and special meetings that address specific programs and projects. The City has an approved Citizen’s Participation Plan that it follows in this regard. In addition, City staff regularly attends CoC meetings that involve multiple organizations and various County Departments as well as other local jurisdictions wherein discussions are held on homelessness as well as supportive services to other at risk groups of individuals and families. Discussion: N/A Page 556 of 563 Annual Action Plan 2022 29 OMB Control No: 2506-0117 (exp. 09/30/2021) Program Specific Requirements AP-90 Program Specific Requirements – 91.220(l)(1,2,4) Introduction: Activities planned with CDBG funds expected to be available during the year are identified in the project tables. The following identifies program income that is available for use that is included in projects to be carried out. Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(l)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 3. The amount of surplus funds from urban renewal settlements 0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5. The amount of income from float-funded activities 0 Total Program Income: 0 Other CDBG Requirements 1. The amount of urgent need activities 0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Annual Action Plan. 70.00% N/A Page 557 of 563 Annual Action Plan 2022 30 OMB Control No: 2506-0117 (exp. 09/30/2021) Attachments Page 558 of 563 Annual Action Plan 2022 31 OMB Control No: 2506-0117 (exp. 09/30/2021) Citizen Participation Comments Page 559 of 563 Page 560 of 563 I. CALL TO ORDER Chairman Chavez called the meeting to order at 2:36 p.m. II. ROLL CALL All present participated in a video conference. Present: Jan Harnik, Member, Mayor Sabby Jonathan, Member, Mayor Pro-Tempore Veronica Chavez, Committee Chair, Director of Finance Todd Hileman, Member, City Manager (2:42 p.m.) Jill Tremblay, Member, Best, Best & Krieger Also Present: Patty Leon, Recording Secretary Skky Garcia, Management Specialist Angel Cardoz, Senior Financial Analyst Maria Gallegos, Michael Baker International Jenna LeComte -Hinely – HARC Barbara Workman – Desert Access and Mobility III. ORAL COMMUNICATION None. IV. APPROVAL OF MINUTES A. MINUTES of the Outside Agency Funding Committee meeting of June 2, 2021 Rec: Approve as presented. Main Motion: Approve the minutes of the OA Funding Committee meeting of June 2, 2021 Moved by: Harnik, Jonathan Vote and Action: 4 Yes, 1 absent (Hileman) PRELIMINARY MINUTES OUTSIDE AGENCY FUNDING COMMITTEE/ COMMUNITY DEVELOPMENT BLOCK GRANT COMMITTEE Tuesday, May 31, 2022 – 2:30 p.m. Virtual Meeting Page 561 of 563 MINUTES - OUTSIDE AGENCY FUNDING COMMITTEE/CDBG Page 2 of 3 May 31, 2022 V. NEW BUSINESS A. Outside Agency Funding Recommendations FY 2022-2023 [Items 1 - 20 were discussed concurrently] 1. Abraham Lincoln Elementary PTO - $5,000 2. James E. Carter Elementary PTO - $6,500 3. Palm Desert Charter Middle School Foundation - $9,500 4. Palm Desert Charter Middle School PTO - $9,000 5. Palm Desert High School - $10,000 6. Ronald Reagan Elementary School – $5,555 7. Washington Charter School Parent’s Club Foundation - $10,000 8. Assistance League of California Valley - $2,500 9. Coachella Valley Youth Golf Foundation - $5,000 10. HARC, Inc. - $5,000 11. Historical Society of the Desert - $13,000 12. Media All Stars - $445 13. OneFuture Coachella Valley - $8,500 14. Palm Springs Air Museum - $10,000 15. PDLQ Youth Football - $10,000 16. Read with Me Volunteer Programs - $5,000 17. Variety – The Children’s Charity of the Desert - $5,000 18. Virginia Waring International Piano Competition - $10,000 19. YMCA – Jean Benson - $44,000 20. YMCA – Youth & Government - $12,000 Staff to follow up with the total number of Palm Desert residents that attended the Palm Desert Day at the Palm Springs Air Museum and also communicate to the PDLQ Youth Football of any funding requests made to the City of La Quinta for FY 22-23. Main Motion: Approve Outside Agency Funding in the amount of $186,000 to the organizations listed on the summary for OA Funding for FY 22-23 Moved by: Harnik, Jonathan Vote and Action: 5 Yes 0 No B. CBDG Funding Recommendations – Program Administration 1. Public Services (15% Cap) A. Coachella Valley Women’s Business Center - $0 B. Desert Access and Mobility - $10,000 C. Elder Love USA, Inc - $10,000 D. Fair Housing Council of Riverside County* - $22,200 E. Operation Safe House, Inc. - $10,000 Page 562 of 563 MINUTES - OUTSIDE AGENCY FUNDING COMMITTEE/CDBG Page 3 of 3 May 31, 2022 2. Public Facilities and Improvements (No Cap) A. Cahuilla Hills ADA Compliance Project Budget - $183,420 B. Desert Arc - $80,000 C. The Joslyn Center - $0 D. The Ranch Recovery Centers - $0 3. Program Administration (20% Cap) A. Fair Housing Council of Riverside County* - $20,000 B. Grant Administration - $58,905 Main Motion: Approve CBDG Funding in the amount of $394,525 to the organizations listed on the summary for CDBG Moved by: Harnik, Jonathan Vote and Action: 5 Yes 0 No C. Community Development Block Grant Joint Recipient Cooperative Agreement for Fiscal Years 23-24, 24-25, 25-26 Main Motion: Approve CBDG Joint Recipient Cooperative Agreement Moved by: Harnik, Jonathan Vote and Action: 5 Yes 0 No VI. ADJOURNMENT It was the consensus of the Committee to adjourn the meeting at 3:41 p.m. Respectfully submitted: Patty Leon Patty Leon, Recording Secretary Page 563 of 563 CITY OF PALM DESERT CITY MANAGER’S OFFICE INTEROFFICE MEMORANDUM To: Honorable Mayor and Councilmembers From: Heather Horning, Assistant to the City Manager Date: July 14, 2022 Subject: City Council Agenda (July 14, 2022) Below you will find questions received from the Mayor and/or Councilmembers and answers provided by City staff regarding tonight’s Council meeting agenda. CONSENT CALENDAR – ITEM O: APPROVE THE CITY OF PALM DESERT NEW YEAR’S EVE CELEBRATION ON EL PASEO •Question: Is the New Year’s Event really happening a day early on December 30th? Can you provide more information about the count down with a "diamond drop"? o Answer: This event is scheduled for Friday, December 30th from 12pm to 8pm, and it will not include a “diamond drop” countdown as originally planned. The event organizers agreed that these did not make sense due to the date and time of the event proposed. In future, the organizers plan to implement changes to time and date for future New Year’s Eve events. The organizer is also open to implementing date and times changes in future years, as they build upon this year’s layout and concept. CONSENT CALENDAR – ITEM U: CONSIDERATION OF APPOINTMENT OF APPLICANTS TO FINANCE COMMITTEE AND ARCHITECTURAL REVIEW COMMISSION •Question: Will there be a revised report for this item to reflect the appointments being made to the vacant Commission positions? o Answer: A corrected version of the Vacancies and Appointments Chart is included in the supplemental material provided to City Council prior to the meeting. ACTION CALENDAR – ITEM C: CONSIDERATION OF DESERT WILLOW RESIDENT PROGRAM CHANGES •Question: When was the Desert Willow Resident Golf Rate increased to $52? o Answer: The City Council approved the increase to the Desert Willow Resident Golf Rate on June 28, 2018. The Staff Report and Resolution are attached for reference. Supplemental - Page 1 Page 7 Page 5 Question & Answer Memo Page 2 of 3 ACTION CALENDAR – ITEM J: ADOPT A RESOLUTION DECLARING THE CITY OF PALM DESERT OWNED PROPERTY LOCATED AT 45656 MOUNTAIN VIEW SURPLUS LAND AND AUTHORIZING STAFF TO RELEASE A NOTICE OF AVAILABILITY FOR THE SALE OF THE PROPERTY •Question: Once the City has complied with the Surplus Land Act and proceeds to sell the property, may offers be ranked based on the quality of the proposed purchaser's plan for preserving the historic value of the property? o Answer: The short answer is yes. The Surplus Land Act dictates that the City must negotiate for 90 days with all viable respondents to the Notice of Availability (NOA) for the property with priority given to the project with the highest level of affordability. The NOA will include all information on the property including zoning and the historic designation. Respondents to the NOA will have to adhere to and take into consideration the requirements of the historic designation if they are proposing to renovate the property. The City would review plans for this property as they would any other historically designated property. After this time period has ended, the City is able to consider the quality of the proposed purchaser’s plan for preserving the historic value of the property when reviewing offers. ACTION CALENDAR – ITEM K: APPROVE A CONTRACT WITH CIRCUIT TRANSIT, INC., IN AN AMOUNT NOT TO EXCEED $200,000 FOR THE OPERATION OF UP TO THREE (3) VENDOR- OWNED EL PASEO COURTESY CARTS AND APPROPRIATE $41,000 FROM UNASSIGNED GENERAL FUND RESERVES •Question: How do the proposed carts from Circuit compare to our current city-owned carts when it comes to access to individuals with mobility limitations? Do we achieve any improvement? o Answer: The City currently has one ADA accessible cart that is available upon request and used during special events when all three carts are being used. The proposal costs from Circuit include three carts, each with six seats, and does not include an ADA accessible cart. Circuit is able to provide the City with an ADA compliant cart with five seats at an additional hourly cost $2.60 per cart. The increase to the total proposed contract amount would be $4,000 to upgrade one cart to an ADA accessible cart. Therefore, the overall budget would increase from approximately $200,000 to $204,000 based on operations of three total carts, with one of them being ADA accessible. •Question: Has staff reached any conclusions about best way to re-deploy our current carts? Do we have another possible use for them? Any chance the Living Desert might want them after their parking lot is expanded? o Answer: Staff does not currently have a plan for redeployment or reuse of the existing Courtesy Carts, but will explore options including their potential sale. Staff plans to bring options forward to the City Council for approval. Supplemental - Page 2 Question & Answer Memo Page 3 of 3 PUBLIC HEARING – ITEM B: APPROVE OUTSIDE AGENCY FUNDING COMMITTEE RECOMMENDATIONS FOR FY 2022/2023 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND USE OF FUNDING, AND ANNUAL ACTION PLAN FOR FY 2022-2023 •Question: Can you provide the comments/reasoning for the CDBG recipients receiving partial or no funding? o Answer: A memo with the comments/reasoning for each of the CDBG recipients receiving partial or no funding is attached. ATTACHMENTS: 1.Item 2C - Resolution 2018-47 Increase DW Resident Golf Rate 2.Item 3B - Memo CDBG Recipients Receiving Partial or No Funding Supplemental - Page 3 Page 21 Public Comment on Non-Agenda Item To: Palm Desert City Council July 7, 2022 Fr: Ricardo Loretta, Past Governor of Rotary District 5330 Dear Honorable City of Palm Desert Council Members, I am Ricardo Loretta, Chair of Rotary District 5330’s Foundation Gala, and I bring you exciting news. On October 8 we will be honored with the wonderful opportunity to host Rotary International’s first-ever woman president, Jennifer Jones, at our annual fundraising gala. It will be held at the Westin Mission Hills Resort, and is the first time a sitting worldwide Rotary president will have visited the Coachella Valley. Attendance will be in the 600 to 800 range, with confirmed attendance from both Rotarians and non Rotarians from all over the world. Jennifer is a communications professional. Her powerful message calling for action in areas like finishing Polio eradication, redoubling efforts for strengthening education assistance in Africa, and, especially important for us in the Coachella Valley, focusing even more resources on Hunger and Food Insecurity will be truly impactful. As you know, Rotary and Palm Desert have a wonderful relationship. Your Mayor Jan Harnik and Immediate Past Mayor Kathleen Kelly are proud Rotarians and the Palm Desert Rotary Club has been a strong and valuable supporter of Palm Desert since the club’s chartering in 1948. We would be honored if the City of Palm Desert would consider being an Event sponsor, at a level of $3,000 to $5,000. I welcome the chance to discuss this further, as this support would be crucial in bringing international attention to our valley and attracting like- minded sponsors and attendees. A sizeable portion of fundraising proceeds will be channeled to needs in our local communities, especially in the area of Food Insecurity. I am thrilled that Palm Desert Rotarians have been chosen to coordinate this historic event. I am also hopeful you will agree that the unique opportunity this event offers is one we do not want to miss and that we can work on together to make successful. Thank you in advance for your consideration, Ricardo Loretta, Chair Rotary Oct 8 Gala Committee 858-344-4812