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HomeMy WebLinkAbout00 Agenda packet 2022-09-29 (31MB)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) REGULAR MEETING AGENDA Thursday, September 29, 2022 2:00 p.m. Study Session 3:00 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 Closed Session Item B2 to note Negotiating Parties as “To Be Determined” AGENDA - Revised Thursday, September 29, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 2 of 8 CLOSED SESSION: 3:00 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: September 15, 2022 B. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1. 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 2. Property Description: 45653 Portola Avenue (APN 627-351-010) Agency: City of Palm Desert City Negotiator: Todd Hileman/Eric Ceja/Jessica Gonzales Negotiating Parties: To Be Determined Under Negotiation: Price and Terms C. 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. 4:00 P.M. REGULAR MEETING ROLL CALL PLEDGE OF ALLEGIANCE: Mayor Pro Tem Jonathan INSPIRATION/INVOCATION: Councilmember Harnik REPORT OF CLOSED SESSION: City Attorney Hargreaves AGENDA - Revised Thursday, September 29, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 3 of 8 AWARDS, PRESENTATIONS, AND APPOINTMENTS: A. FIRE PREVENTION AND MINI-MUSTER MONTH PROCLAMATION B. REGIONAL YMCA CONCEPT PRESENTATION CITY MANAGER COMMENTS A. CITY OF PALM DESERT’S 50TH ANNIVERSARY UPDATE – PUBLIC AFFAIRS MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION NON-AGENDA 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. APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES RECOMMENDATION: Approve the Minutes of August 25 and September 15, 2022. B. APPROVAL OF WARRANTS RECOMMENDATION: Approve warrants issued for the period of September 6 – 16, 2022. C. APPLICATIONS FOR AN ALCOHOLIC BEVERAGE LICENSE FOR: 1. CCRC SOCIAL CLUB LLC DBA SEGOVIA OF PALM DESERT, 39905 VIA SCENA 2. SOTTOVOCE GROUP LIMITED LIABILITY COMPANY, 73545 EL PASEO STE 1320 RECOMMENDATION: Receive and file the Alcoholic Beverage License applications. AGENDA - Revised Thursday, September 29, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 4 of 8 D. APPROVE AMENDMENT NO. 1 AND AMENDMENT NO. 2 TO CONTRACT NO. C39600 FOR THE SOLID WASTE, RECYCLING, AND ORGANICS CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND HF&H CONSULTANTS, LLC RECOMMENDATION: 1. Approve Amendment No. 1 to Contract No. C39600 with HF&H Consultants, LLC, to increase compensation by $15,000 for the current three-year contract to a not-to-exceed amount of $338,000. 2. Approve Amendment No. 2 to Contract No. C39600 with HF&H Consultants, LLC, to extend the contract for a one-year term effective January 1, 2023, for an amount not to exceed $85,000. 3. Authorize the City Manager to execute said amendments and any other documents necessary to effectuate the contract. E. APPROVE THE PURCHASE OF ANZA-BORREGO BY ARTIST CHRISTOPHER PUZIO FROM THE 2021/2022 EL PASEO SCULPTURE EXHIBITION IN THE AMOUNT OF $25,000 RECOMMENDATION: 1. Approve the purchase of Anza-Borrego by artist Christopher Puzio from the 2021/2022 El Paseo Sculpture Exhibition in the amount of $25,000, exclusive of taxes, for inclusion in Palm Desert’s permanent public art collection. 2. Authorize the City Manager to execute subject contract. F. APPROVE THE HOMELESSNESS TASKFORCE BYLAWS RECOMMENDATION: Approve the revised Homelessness Taskforce Bylaws. G. APPROVAL OF PURCHASE OF ADDITIONAL DATA STORAGE SERVER NODE RECOMMENDATION: Authorize City Manager to purchase a VxRail Node addition from [RE]Design Group for $85,785.28. H. AWARD A CONTRACT TO GREAT WESTERN INSTALLATIONS, INC., OF LOGAN, UTAH FOR THE PARK PLAYGROUND IMPROVEMENTS PROJECT FOR AN AMOUNT NOT TO EXCEED $90,000 PER FISCAL YEAR (PROJECT NO. 941-23) RECOMMENDATION: 1. Award a 57-month contract to Great Western Installations, Inc., of Logan, Utah, for the Park Playground Improvements Project for an amount not to exceed $90,000 per fiscal year. 2. Authorize the City Manager or designee to review and approve written contract amendments and change order requests for unanticipated conditions per Section 3.30.170 of the Palm Desert Municipal Code, and up to three (3) one-year contract extensions based on a staff recommendation. 3. Authorize the City Manager to execute the agreement. AGENDA - Revised Thursday, September 29, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 5 of 8 I. AWARD CONTRACT TO COURTMASTER SPORTS, INC., OF NORTH PALM SPRINGS, CALIFORNIA, FOR THE SPORT COURTS RESURFACING PROJECT FOR AN AMOUNT NOT TO EXCEED $75,000 PER FISCAL YEAR (PROJECT NO. 946-23) RECOMMENDATION: 1. Award a 57-month contract for the Sport Courts Resurfacing Project to Courtmaster Sports, Inc., of North Palm Springs, California, for an amount not to exceed $75,000 per fiscal year. 2. Authorize the City Manager or designee to review and approve written contract amendments and change order requests for unanticipated conditions per Section 3.30.170 of the Palm Desert Municipal Code; and up to three, one-year contract extensions based on staff’s recommendation. 3. Authorize the City Manager to execute the agreement. 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. INTRODUCE AN ORDINANCE AMENDING TITLE 2 (ADMINISTRATION AND PERSONNEL) OF THE PALM DESERT MUNICIPAL CODE ADDING CHAPTER 2.22 ESTABLISHING THE ARCHITECTURAL REVIEW COMMISSION RECOMMENDATION: Waive further reading and pass to second reading an Ordinance amending Title 2 (Administration and Personnel) of the Palm Desert Municipal Code adding Chapter 2.22 establishing the Architectural Review Commission. B. CONSIDER AMENDMENT TO ORDINANCE NOS. 1374 § 1 AND 1258 § 1, REVISING CHAPTER 24.04.060 (INVASIVE PLANT SPECIES) OF THE PALM DESERT MUNICIPAL CODE RELATING TO PROHIBITED LANDSCAPE MATERIALS FOR DEVELOPMENT DESIGN AND INSTALLATION RECOMMENDATION: Waive further reading and pass to second reading an Ordinance revising Chapter 24.04.060 (Invasive Plant Species) of the Palm Desert Municipal Code. C. AWARD CONTRACT TO INTERWEST CONSULTING GROUP, INC., OF PERRIS, CALIFORNIA, FOR DESIGN AND ENGINEERING SERVICES OF LUPINE PLAZA IN THE AMOUNT OF $562,135 (PROJECT NO. 810-22) RECOMMENDATION: 1. Award a Contract to Interwest Consulting Group, Inc., of Perris, California, for design and engineering services of Lupine Plaza in the amount of $562,135. 2. Authorize the City Manager or designee to review and approve written contract amendment requests per Section 3.30.170 of the Palm Desert Municipal Code. AGENDA - Revised Thursday, September 29, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 6 of 8 3. Authorize the City Manager or designee to execute the agreement and any documents necessary to effectuate the actions taken herewith. D. AWARD CONTRACT TO HERMANN DESIGN GROUP OF PALM DESERT, CALIFORNIA, FOR DESIGN SERVICES OF GREENS/TEE BOX RENOVATION AND TURF REDUCTION AT DESERT WILLOW GOLF RESORT IN THE AMOUNT OF $305,100 (PROJECT NO. 854-21) RECOMMENDATION: 1. Award a Contract to Hermann Design Group of Palm Desert, California, for design services of Greens/Tee Box Renovations and Turf Reduction at Desert Willow Golf Resort in the amount of $305,100. 2. Authorize the City Manager or designee to review and approve written contract amendment requests per Section 3.30.170 of the Palm Desert Municipal Code. 3. Authorize the City Manager or designee to execute the agreement and any documents necessary to effectuate the actions taken herewith. 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. APPROVE AN AMENDMENT TO GENERAL PLAN AMENDMENT 21-0002 (GPA 21- 0002) FOR READOPTION OF THE CITY’S 6TH CYCLE HOUSING ELEMENT (2021- 2029) IN ACCORDANCE WITH THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD) GUIDELINES RECOMMENDATION: Adopt a Resolution approving General Plan Amendment (GPA 21-0002), readopting the City’s 6th Cycle Housing Element of the General Plan in accordance with the California Department of Housing and Community Development (HCD) guidelines. B. APPROVE A PROPOSED PLAN FOR BOND ISSUANCE BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY FOR THE VITALIA APARTMENT PROJECT LOCATED ON THE SOUTH SIDE OF GERALD FORD DRIVE, EAST OF THE PALM DESERT SHERIFF STATION, IDENTIFIED AS THE APPROXIMATE +/-11.94 ACRE PORTION OF APN 694-310-006 RECOMMENDATION: 1. Conduct the public hearing under the requirements of Tax and Equity Fiscal Responsibility Act (“TEFRA”) and the Internal Revenue Code of 1986, as amended (the “Code”) in connection with the proposed issuance in one or more series of revenue bonds by the California Municipal Finance Authority (the “CMFA”), a joint exercise of powers authority and public entity of the State of California, in an amount not to exceed $62,000,000 (the “Bonds”), to finance the acquisition, construction, improvement and equipping of the 269-unit Vitalia Apartments, a multifamily rental housing project located at the south side of Gerald Ford Drive, west of Portola Road AGENDA - Revised Thursday, September 29, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 7 of 8 (a portion of APN 694-310-006), Palm Desert, California (the “Project”) and receive public comments. 2. Adopt a Resolution approving the issuance of the Bonds by CMFA for the benefit of Palm Desert Pacific Associates, a California Limited Partnership (the "Borrower") a partnership of which Pacific West Communities, Inc. (the "Developer") or a related person to the Developer is the general partner, to provide for the financing of the Project. Such adoption is solely for the purposes of satisfying the requirements of TEFRA, the Code and California Government Code Sections 6500 et seq. C. APPROVE A PROPOSED PLAN FOR BOND ISSUANCE BY THE CALIFORNIA STATEWIDE COMMUNITIES' DEVELOPMENT AUTHORITY FOR THE GERALD FORD APARTMENT PROJECT LOCATED AT 75580 GERALD FORD DRIVE, PALM DESERT RECOMMENDATION: 1. Conduct the public hearing under the requirements of Tax and Equity Fiscal Responsibility Act (“TEFRA”) and the Internal Revenue Code of 1986, as amended (the “Code”) in connection with the proposed issuance in one or more series of revenue bonds by the California Statewide Communities Development Authority (“CSCDA”), a joint exercise of powers authority and public entity of the State of California, in an amount not to exceed Fifty-Five Million Dollars $55,000,000 (the “Bonds”), to finance the acquisition, construction and development of the 150-unit Gerald Ford Apartments, a multifamily rental housing project located at located at 75580 Gerald Ford Drive, Palm Desert, California (the “Project”) and receive public comments. 2. Adopt a Resolution approving the issuance of the Bonds by CSCDA for the benefit of Gerald Ford Apartments, LP, a California Limited Partnership (the "Borrower") a partnership of which Western National Group (the "Developer") or a related person to the Developer is the general partner, to provide for the financing of the Project. Such adoption is solely for the purposes of satisfying the requirements of TEFRA, the Code and California Government Code Sections 6500 et seq. 4. INFORMATION ITEMS None. ADJOURNMENT AGENDA - Revised Thursday, September 29, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 8 of 8 THREE OPTIONS FOR PARTICIPATING IN THE MEETING OPTION 1: PARTICIPATE BY E-MAIL 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, Palm Desert Civic Center, 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, Niamh 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 [This page has intentionally been left blank.] Thursday, August 25, 2022 Minutes of the Regular Meeting of the Palm Desert City Council (CC), Successor Agency to the Palm Desert Redevelopment Agency (SARDA), and Housing Authority (HA) Pursuant to Assembly Bill 361, this meeting was conducted by teleconference and there was no in-person public access to the meeting location. CALL TO ORDER: A Regular Meeting of the Palm Desert City Council was called to order by Mayor Harnik on Thursday, August 25, 2022, at 3:30 p.m. PLEDGE OF ALLEGIANCE: Councilmember Quintanilla led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Kathleen Kelly, Gina Nestande, Karina Quintanilla; Mayor Pro Tem Sabby Jonathan; and Mayor Jan Harnik Absent: None. INSPIRATION/INVOCATION: Councilmember Kelly offered words of inspiration. REPORT OF CLOSED SESSION: The Regular Closed Session of the City Council of August 25, 2022, was called to order by Mayor Harnik at 3:30 p.m., with all members present. The meeting convened in Closed Session to discuss the following items as listed on the Regular Closed Session Meeting Agenda: A.CLOSED SESSION MEETING MINUTES: July 14, 2022 B.CONFERENCE WITH LABOR NEGOTIATOR, Pursuant to Government Code Section 54957.6: City Negotiator(s): Todd Hileman, City Manager Andrea Staehle, Human Resources Manager Employee Organization: Palm Desert Employee Organization City Attorney Hargreaves reported that the City Council received briefings and provided direction to staff regarding the agendized Closed Session Items but did not take any reportable action. Item 1A-1 CC, SARDA, & HA Meeting Minutes August 25, 2022 City of Palm Desert Page 2 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES PRESENTATIONS: None. CITY MANAGER'S COMMENTS: A.GRAFFITI ABATEMENT PROGRAM City Manager Hileman introduced Public Works Deputy Director Ramirez who presented a PowerPoint on the Graffiti Abatement Program. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION: Mayor Harnik reported on her meeting with regional leaders regarding CV Rail, and discussed her involvement in meetings regarding broadband, noting Coachella Valley Economic Partnership operates the largest regional Smart Cities program. NON-AGENDA PUBLIC COMMENTS Alex Cruz, a Palm Desert resident, urged the City Council to explore a City-operated transportation service and suggested that Cook Street be reduced from three lanes to two lanes. 1.CONSENT CALENDAR: MOTION BY COUNCILMEMBER NESTANDE, SECOND BY COUNCILMEMBER QUINTANILLA, CARRIED 5-0, to approve the consent calendar, with the removal of Item Nos. 1E, 1H, and 1W for separate discussion. A.APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES MOTION BY COUNCILMEMBER NESTANDE, SECOND BY COUNCILMEMBER QUINTANILLA, CARRIED 5-0, to approve the Minutes of the June 23, 2022, regular City Council meeting. B.APPROVAL OF WARRANTS MOTION BY COUNCILMEMBER NESTANDE, SECOND BY COUNCILMEMBER QUINTANILLA CARRIED 5-0, to approve the warrants issued for the period of 6/30/2022 to 8/11/2022. C.APPROVAL OF FINDINGS RELATIVE TO AB 361 – REMOTE TELECONFERENCING MOTION BY COUNCILMEMBER NESTANDE, SECOND BY COUNCILMEMBER QUINTANILLA, CARRIED 5-0, to find 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. Item 1A-2 CC, SARDA, & HA Meeting Minutes August 25, 2022 City of Palm Desert Page 3 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES D. APPLICATIONS FOR AN ALCOHOLIC BEVERAGE LICENSE FOR: 1.DESERT COWBOY USA LLC/COWBOY CANTINA, 72620 EL PASEO 2.OX KING, INC./BLAZING KING BBQ AND HOTPOT, 72600 DINAH SHORE DR MOTION BY COUNCILMEMBER NESTANDE, SECOND BY COUNCILMEMBER QUINTANILLA, CARRIED 5-0, to receive and file the applications for an Alcoholic Beverage license. E.LEAGUE OF CALIFORNIA CITIES VOTING DELEGATE AND ALTERNATE VOTING DELEGATE This item was excluded from the Consent Calendar. Please refer to page 7 of these minutes for a summary of that action. F.CONSIDERATION OF RESOLUTION NO. 2022-71 ADOPTING A RECORDS MANAGEMENT POLICY MOTION BY COUNCILMEMBER NESTANDE, SECOND BY COUNCILMEMBER QUINTANILLA, CARRIED 5-0, to adopt Resolution No. 2022-71 adopting a Records Management Policy. G.CONSIDERATION OF RESOLUTION NO. 2022-72 SETTING THE REGULAR CITY COUNCIL MEETING SCHEDULE FOR 2023 MOTION BY COUNCILMEMBER NESTANDE, SECOND BY COUNCILMEMBER QUINTANILLA, CARRIED 5-0, to adopt Resolution No. 2022-72 establishing dates for regular meetings of the Palm Desert City Council during Calendar Year 2023 and January 2024. H.CONSIDERATION OF APPOINTMENT OF APPLICANTS TO THE CITY OF PALM DESERT’S ESTABLISHED COMMITTEES AND COMMISSIONS This item was excluded from the Consent Calendar. Please refer to page 7 of these minutes for a summary of that action. I.APPROVE AMENDMENT NO. 1 TO CONTRACT NO. C42020 FOR THE CLASSIFICATION AND COMPENSATION STUDY PROFESSIONAL SERVICE AGREEMENT BETWEEN THE CITY OF PALM DESERT AND CPS-HR CONSULTING MOTION BY COUNCILMEMBER NESTANDE, SECOND BY COUNCILMEMBER QUINTANILLA, CARRIED 5-0, to: 1.Approve Amendment No. 1 to Contract No. C42020 with CPS-HR to extend the term through December 1, 2022, for the purpose of finalizing the classification and compensation study. 2.Authorize the City Manager to execute said amendment and any other documents necessary to effectuate the contract. Item 1A-3 CC, SARDA, & HA Meeting Minutes August 25, 2022 City of Palm Desert Page 4 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES J.AUTHORIZE THE PURCHASE OF BANQUET CHAIRS AND CHAIR CARTS FROM MITYLITE, INC., FOR DESERT WILLOW GOLF RESORT, AND SURPLUS THE EXISTING STOCK OF CHAIRS BEING REPLACED MOTION BY COUNCILMEMBER NESTANDE, SECOND BY COUNCILMEMBER QUINTANILLA, CARRIED 5-0, to authorize the purchase of three hundred (300) banquet chairs and two (2) chair carts from MityLite, Inc., in the amount of $77,964.51 plus freight surcharges, total not to exceed $85,000, and surplus of the existing stock of chairs being replaced. K.APPROVE A TEMPORARY WAIVER TO PALM DESERT MUNICIPAL CODE SECTIONS 9.58.010 AND 9.58.020 (CONSUMPTION/ POSSESSION OF ALCOHOLIC BEVERAGES ON PUBLIC PROPERTY) FOR THE SALE AND CONSUMPTION OF ALCOHOL AT THE GALEN BUILDING AND SCULPTURE GARDEN FOR FISCAL YEAR 2022/23 MOTION BY COUNCILMEMBER NESTANDE, SECOND BY COUNCILMEMBER QUINTANILLA, CARRIED 5-0, to: 1.Approve a temporary waiver to Palm Desert Municipal Code Sections 9.58.010 and 9.58.020 (Consumption/Possession of Alcoholic Beverages on Public Property) for the Artists Council’s Opening Season Reception and up to twelve (12) special events for fiscal year 2022/23. 2.Authorize the City Manager to execute the California Department of Alcoholic Beverage Control documents or other documents to effectuate the action herein, as required. L.SECOND READING AND ADOPTION OF ORDINANCE NO. 1385 RESCINDING ORDINANCE NO. 1266A, AND AMENDING SECTION 10.36.010 OF TITLE 10 OF THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA, RELATIVE TO SPEED ZONES MOTION BY COUNCILMEMBER NESTANDE, SECOND BY COUNCILMEMBER QUINTANILLA, CARRIED 5-0, to waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. 1385. M.APPROVE AN AGREEMENT NO. C43850 WITH CARTEGRAPH SYSTEMS, LLC., FOR ASSET MANAGEMENT SOFTWARE IN THE AMOUNT OF $125,992.06 MOTION BY COUNCILMEMBER NESTANDE, SECOND BY COUNCILMEMBER QUINTANILLA, CARRIED 5-0, to: 1.Approve an agreement with Cartegraph Systems, LLC., for asset management software in the amount of $125,992.06. 2.Authorize the City Manager to approve change orders in an amount not to exceed $20,000. 3.Authorize the City Manager to execute said agreement and up to three, one-year contract amendments/extensions. Item 1A-4 CC, SARDA, & HA Meeting Minutes August 25, 2022 City of Palm Desert Page 5 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES N.RATIFY THE CITY MANAGER’S APPROVAL OF CHANGE ORDER NO. 1 TO CONTRACT NO. C40620 WITH PRO-CRAFT CONSTRUCTION IN THE AMOUNT OF $35,000 MOTION BY COUNCILMEMBER NESTANDE, SECOND BY COUNCILMEMBER QUINTANILLA, CARRIED 5-0, to ratify the City Manager’s approval of Change Order No. 1 to Contract No. C40620 with Pro-Craft Construction in the amount of $35,000. O.DECLARE LISTED VEHICLES AND EQUIPMENT AS SURPLUS PROPERTY AND AUTHORIZE STAFF TO SELL AT AUCTION OR DISPOSE AS NECESSARY MOTION BY COUNCILMEMBER NESTANDE, SECOND BY COUNCILMEMBER QUINTANILLA, CARRIED 5-0, to declare the vehicles and equipment listed in the staff report as surplus and authorize staff to sell said vehicles and equipment at auction or dispose as deemed necessary. P.AWARD CONTRACT NO. C43860 TO VECTOR RESOURCE, INC., DBA VECTOR USA, FOR THE INSTALLATION OF SECURITY CAMERAS AT VARIOUS CITY- OWNED FACILITIES IN THE AMOUNT OF $206,039.29 (PROJECT NO. 782-23) MOTION BY COUNCILMEMBER NESTANDE, SECOND BY COUNCILMEMBER QUINTANILLA, CARRIED 5-0, to: 1.Approve a contract to Vector USA for the installation of Security Cameras at various City-owned facilities in the amount of $206,039.29. 2.Authorize the Director of Finance to set aside a contingency amount of $20,000. 3. Authorize the City Manager or his designee to review and execute change orders up to the contingency amount for unanticipated conditions, per Section 3.30.170, Section A of Ordinance No. 1335. 4.Authorize the City Manager to execute the subject agreement. Q.APPROVE DESERT WINE FEST AT CIVIC CENTER PARK MOTION BY COUNCILMEMBER NESTANDE, SECOND BY COUNCILMEMBER QUINTANILLA, CARRIED 5-0, to: 1.Approve Desert Wine Fest at Civic Center Park, including temporary waiver of certain sections of the Municipal Code as follows: a.11.01.20 (Hours of Use in City Parks); b. 11.01.140 (Amplified Sound in City Parks); c. 11.01.080 O (Placement of Advertising Signage in City Parks); d. 11.01.080 Q (Vendor Sales in City Parks); and e. 11.01.080 W (Possession/Consumption of Alcohol in City Parks) pursuant to PDMC 9.58.040. 2.Approve modification to Item 30 of Desert Recreation District Application – Rental Requirements providing an increase to the general liability insurance requirement based on assessed risk to $2,000,000 / $4,000,000; and waiving the Worker’s Compensation Insurance requirement, as the organizer indicates there is no paid staff. Item 1A-5 CC, SARDA, & HA Meeting Minutes August 25, 2022 City of Palm Desert Page 6 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES R. APPROVE EXPENDITURE FOR MURAL INSTALLATION LOCATED AT 44700 SAN PABLO AVENUE (CONTRACT NO. C43870) MOTION BY COUNCILMEMBER NESTANDE, SECOND BY COUNCILMEMBER QUINTANILLA, CARRIED 5-0, to: 1. Approve expenditure in the amount of $8,500 for the installation of a mural located at 44700 San Pablo Avenue. 2. Authorize the City Manager to execute subject contracts related to this project as they become available. S. APPROVE THE PURCHASE OF POLY PARFAIT BY ARTIST E. TYLER BURTON FROM THE 2021/2022 EL PASEO SCULPTURE EXHIBITION IN THE AMOUNT OF $25,000 (CONTRACT NO. C43880) MOTION BY COUNCILMEMBER NESTANDE, SECOND BY COUNCILMEMBER QUINTANILLA, CARRIED 5-0, to: 1. Approve the purchase of Poly Parfait by artist E. Tyler Burton from the 2021/2022 El Paseo Sculpture Exhibition in the amount of $25,000, exclusive of taxes, for inclusion in Palm Desert’s permanent public art collection. 2. Authorize the City Manager to execute the subject contract. T. APPROVAL OF MARTHA’S VILLAGE & KITCHEN 2022 THANKSGIVING DAY 5K MOTION BY COUNCILMEMBER NESTANDE, SECOND BY COUNCILMEMBER QUINTANILLA, CARRIED 5-0, to: 1. Approve road closures on El Paseo between Highway 74 and Portola Avenue, for the Martha’s Village & Kitchen’s Thanksgiving Day 5K scheduled for November 24, 2022. 2. Permit the Consumption/Possession of Alcoholic Beverages on Public Property Pursuant to Palm Desert Municipal Code 9.58.040. U. APPROVAL OF THE 2022 PAINT EL PASEO PINK EVENT AND ROAD CLOSURE MOTION BY COUNCILMEMBER NESTANDE, SECOND BY COUNCILMEMBER QUINTANILLA, CARRIED 5-0, to approve road closures on El Paseo between Highway 74 and Portola Avenue, for the Desert Cancer Foundation’s annual Paint El Paseo Pink charitable walk on Saturday, October 8, 2022. V. APPROVAL OF THE 2022 PALM DESERT GOLF CART PARADE (CONTRACT NO. C43890) MOTION BY COUNCILMEMBER NESTANDE, SECOND BY COUNCILMEMBER QUINTANILLA, CARRIED 5-0, to: 1. Approve road closures on El Paseo between Highway 74 and Portola Avenue, for the Palm Desert Golf Cart Parade scheduled for Sunday, October 30, 2022. 2. Permit the sale, possession, and consumption of alcoholic beverages on Public Property Pursuant to Palm Desert Municipal Code 9.58.040. 3. Waive Palm Desert Municipal Code Section 11.01.140 – Amplified Sound. 4. Authorize the City Manager to execute any documents that may be necessary to facilitate the events and sponsorships to effectuate the actions taken herewith. Item 1A-6 CC, SARDA, & HA Meeting Minutes August 25, 2022 City of Palm Desert Page 7 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES W. AMENDMENT TO CONTRACTS WITH TRIPEPI SMITH AND ASSOCIATES FOR RANKED CHOICE VOTING AND ADVISORY MEASURE B INFORMATIONAL CAMPAIGN SERVICES This item was excluded from the Consent Calendar. Please refer to page 7 of these minutes for a summary of that action. X. APPROVE THE DONATION OF ONE (1) EL PASEO COURTESY CART TO THE DESERT RECREATION DISTRICT AND ONE (1) EL PASEO COURTESY CART TO THE LIVING DESERT MOTION BY COUNCILMEMBER NESTANDE, SECOND BY COUNCILMEMBER QUINTANILLA, CARRIED 5-0, to: 1. Approve the donation of the City-owned standard Courtesy Cart to the Desert Recreation District. 2. Approve the donation of the City-owned ADA compliant Courtesy Cart to The Living Desert. 3. Authorize the City Manager to negotiate and execute all documents related to the donation. EXCLUDED CONSENT CALENDAR: E. LEAGUE OF CALIFORNIA CITIES VOTING DELEGATE AND ALTERNATE VOTING DELEGATE Following discussion, MOTION BY COUNCILMEMBER KELLY, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to appoint Councilmember Quintanilla as the Voting Delegate and Mayor Harnik as the Alternate Voting Delegate for the business meeting of the League of California Cities Annual Conference to be held on Friday, September 9, 2022, in Long Beach. H. CONSIDERATION OF APPOINTMENT OF APPLICANTS TO THE CITY OF PALM DESERT’S ESTABLISHED COMMITTEES AND COMMISSIONS Discussion ensued relative to whether to postpone the appointment to the Architectural Review Commission pending a determination as to whether the Commission should be five or seven members. Following discussion, MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER KELLY, CARRIED 4-1 (MAYOR PRO TEM JONATHAN VOTING NO), to: 1. Appoint Francisco Sanchez to the Architectural Review Commission for a term ending June 30, 2026. 2. Appoint Kathleen Bauer to the Housing Commission for a term ending June 30, 2023. 3. Appoint Stephen Nelson to the Resource Preservation and Enhancement Committee for a term ending June 30, 2025. W. AMENDMENT TO CONTRACTS WITH TRIPEPI SMITH AND ASSOCIATES FOR RANKED CHOICE VOTING AND ADVISORY MEASURE B INFORMATIONAL CAMPAIGN SERVICES Item 1A-7 CC, SARDA, & HA Meeting Minutes August 25, 2022 City of Palm Desert Page 8 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES Following discussion, the City Council opted not to proceed with informational campaign services for Advisory Measure B. MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER KELLY, CARRIED 5-0, to: 1. Approve Amendment No. 1 to Contract A43030 with Tripepi Smith and Associates for informational campaign services related to Ranked Choice Voting for a total amount not to exceed $86,530. 2. Authorize the City Attorney to prepare and the City Manager to execute the Contract Amendment. 2. ACTION CALENDAR: A. INTRODUCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING TITLE 11 (PARKS) OF THE PALM DESERT MUNICIPAL CODE AS RELATED TO USE OF PARK FACILITIES AND ADOPT A RESOLUTION TO APPROVE AN ADMINISTRATIVE POLICY FOR USE OF CITY- OWNED FACILITIES This item was removed from the agenda at the request of staff. B. AWARD CONTRACT NO. C43900 TO INTERWEST CONSULTING GROUP, INC., FROM PERRIS, CALIFORNIA, FOR PLANNING AND DESIGN SERVICES FOR THE NORTH SPHERE REGIONAL PARK IN THE AMOUNT OF $1,230,095 Management Analyst Muir narrated a PowerPoint presentation and responded to City Council inquiries. Michael Stafford, Palm Desert resident, expressed concern regarding traffic and lighting impacts on the adjacent neighborhood associated with a sports park use. MOTION BY MAYOR PRO TEM JONATHAN, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to: 1. Award a Contract to Interwest Consulting Group, Inc., from Perris, California, for Planning and Design Services for the North Sphere Regional Park in the amount of $1,230,095. 2. Authorize the Director of Finance to set aside a contingency amount of $100,000. 3. Appropriate $500,000 from the Restricted Capital Fund 451 to the appropriate capital improvement account. 4. Authorize the City Manager or designee to review and approve written contract amendment and change order requests for unanticipated conditions up to the contingency amount. 5. Authorize the Mayor to execute said agreement. Item 1A-8 CC, SARDA, & HA Meeting Minutes August 25, 2022 City of Palm Desert Page 9 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES C. AWARD CONTRACT NO. C43400 TO RED HAWK SERVICES, INC., OF PERRIS, CALIFORNIA, FOR THE NORTH SPHERE WIND FENCE INSTALLATION IN THE AMOUNT OF $311,696 (PROJECT NO. 767-22) Public Works Project Administrator Gayler provided a staff report and responded to City Council inquiries. Michael Stafford, Palm Desert resident, expressed his support of the project. Stephen Nelson, Palm Desert resident, noted his support of the project. MOTION BY COUNCILMEMBER KELLY, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to: 1. Award Contract No. C43400 to Red Hawk Services, Inc., of Perris, California for the North Sphere Wind Fence Installation in the amount of $311,696. 2. Authorize the Director of Finance to set aside a contingency for unforeseen conditions in the amount of $30,000. 3. Appropriate $341,696 from unobligated General Fund Reserves to the Capital Improvement Fund. 4. Authorize the City Manager or designee to review and approve written change order requests for the use of contingency for unanticipated conditions within the approved contingency amount. 5. Authorize the City Manager to execute the subject agreement. 6. Direct staff to analyze the current policy related to the fiscal responsibility of mitigating impacts from vacant land. D. CONSIDERATION OF RESOLUTION NO. 2022-73 TO IMPLEMENT THE CLASSIFICATION AND COMPENSATION STUDY, APPROVE A MEMORANDUM OF UNDERSTANDING (MOU) WITH THE PALM DESERT EMPLOYEES’ ORGANIZATION (PDEO) FOR A COST-OF-LIVING ADJUSTMENT OF 3% OR A LUMP SUM PAYMENT UP TO $3,500, AND APPROVE A COST-OF-LIVING ADJUSTMENT OF 3% OR A LUMP SUM PAYMENT UP TO $3,500 FOR CONFIDENTIAL EMPLOYEE GROUP Human Resources Manager Staehle provided a PowerPoint presentation and responded to City Council inquiries. MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to: 1. Adopt Resolution No. 2022-73 adopting authorized classifications, allocated positions, salary schedule, and salary ranges as determined by the classification and compensation study and rescinding Resolution No. 2022-61. 2. Approve an MOU between the City of Palm Desert and PDEO for a Cost-of-Living Adjustment (COLA) of three percent (3%) or a lump sum payment of $3,500 for the Palm Desert Employees Organization (PDEO) Group, effective July 1, 2022. 3. Approve a COLA of three percent (3%) or a lump sum payment of $3,500 for the Confidential Employees, effective July 1, 2022. 4. Authorize the City Manager to take all actions necessary to implement the approved COLA or lump sum payment for Confidential Employees and the PDEO Groups. Item 1A-9 CC, SARDA, & HA Meeting Minutes August 25, 2022 City of Palm Desert Page 10 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES E. ADOPT COUNTY OF RIVERSIDE TRAFFIC IMPACT ANALYSIS GUIDELINES FOR LEVEL OF SERVICE AND VEHICLE MILES TRAVELED, AND COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS ACTIVE TRANSPORTATION DESIGN GUIDELINES Public Works Deputy Director Bowman provided a staff report and responded to City Council inquiries. MOTION BY COUNCILMEMBER KELLY, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to: 1. Adopt Resolution No. 2022-74 adopting County of Riverside guidelines for level of service and vehicle miles traveled for the City of Palm Desert. 2. Adopt Resolution No. 2022-75 adopting Coachella Valley Association of Governments Active Transportation Design Guidelines for the City of Palm Desert F. ADOPT A RESOLUTION DECLARING 73420 DINAH SHORE DRIVE, PALM DESERT, EXEMPT SURPLUS LAND, FOR PURPOSES OF THE SURPLUS LAND ACT Management Analyst Glickman provided a PowerPoint presentation and responded to City Council inquiries. MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY MAYOR PRO TEM JONATHAN, CARRIED 5-0, to: 1. Adopt Resolution No. 2022-76 declaring 73420 Dinah Shore Drive, Palm Desert, Exempt Surplus land, for purposes of the Surplus Land Act. 2. Direct staff to obtain a second appraisal of the subject property. G. ADOPT RESOLUTION NO. 2022-77 TO APPROVE AN ENVIRONMENTAL INITIATIVES PLAN Special Programs Manager Lawrence and Management Analyst Stull narrated a PowerPoint presentation and responded to City Council inquiries. Following discussion, MOTION BY COUNCILMEMBER KELLY, SECOND BY MAYOR PRO TEM JONATHAN, CARRIED 5-0, to: 1. Adopt Resolution No. 2022-77 to approve an Environmental Initiatives Plan. 2. Direct staff to schedule a Study Session regarding Desert Community Energy. H. APPROVE THE PURCHASE OF ONE ELECTRIC MINI STREET SWEEPER AND ONE FORKLIFT FOR THE TOTAL AMOUNT OF $329,854.24 Management Analyst Gonzalez provided a staff report and responded to City Council inquiries. Item 1A-10 CC, SARDA, & HA Meeting Minutes August 25, 2022 City of Palm Desert Page 11 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES MOTION BY MAYOR PRO TEM JONATHAN, SECOND BY COUNCILMEMBER QUINTANILLA, CARRIED 5-0, to: 1. Authorize the purchase of an electric mini street sweeper from Haaker/Total Clean in the amount of $239,584. 2. Authorize the purchase of a forklift from Sonsray Machinery in the amount of $90,270.24. 3. Authorize the finance department to appropriate $130,000 from unobligated equipment replacement fund to Equipment Replacement Account No. 5304310- 4403000. 4. Authorize the City Manager to approve documents related to the purchase of the fleet and equipment. I. CONSIDERATION OF OPTIONS AND PROVIDE STAFF DIRECTION ON THE ESTABLISHMENT OF AN ABSENTEE LANDLORD PROPERTY REGISTRATION PROGRAM Development Services Deputy Director Cannone presented a PowerPoint and responded to City Council inquiries. MOTION BY MAYOR PRO TEM JONATHAN, SECOND BY COUNCILMEMBER KELLY, CARRIED 5-0, to not create any mandatory or voluntary registration program. 3. PUBLIC HEARINGS: None. INFORMATION ITEMS: None. ADJOURNMENT: The City Council adjourned at 6:48 p.m. Respectfully submitted, Níamh M. Ortega Deputy City Clerk/Assistant Secretary ATTEST: Anthony J. Mejia City Clerk/Secretary APPROVED BY CITY COUNCIL: __/__/2022 Item 1A-11 Thursday, September 15, 2022 Minutes of the Regular Meeting of the Palm Desert City Council (CC), Successor Agency to the Palm Desert Redevelopment Agency (SARDA), and Housing Authority (HA) Pursuant to Assembly Bill 361, this meeting was conducted by teleconference and there was no in-person public access to the meeting location. CALL TO ORDER: A Regular Meeting of the Palm Desert City Council was called to order by Mayor Harnik on Thursday, September 15, 2022, at 3:00 p.m. ROLL CALL: Present: Councilmembers Kathleen Kelly, Gina Nestande, Karina Quintanilla; Mayor Pro Tem Sabby Jonathan; and Mayor Jan Harnik Absent: None. PLEDGE OF ALLEGIANCE: Councilmember Kelly led the Pledge of Allegiance. INSPIRATION/INVOCATION: Mayor Pro Tem Jonathan offered words of inspiration. REPORT OF CLOSED SESSION: The Regular Closed Session of the City Council of September 15, 2022, was called to order by Mayor Harnik at 3:01 p.m., with all members present. The meeting convened in Closed Session to discuss the following items as listed on the Regular Closed Session Meeting Agenda: A. CLOSED SESSION MEETING MINUTES: August 25, 2022 B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Pursuant to Government Code Section 54956.8: 1. Property Description: 1.55 acres at southeast corner of Fred Waring Drive and San Pablo Ave. (APNs 627-101-002, 627-101-017, 627-101-033, 627-101- 061, 627-101-062) Agency: City of Palm Desert City Negotiator: Todd Hileman/Eric Ceja Negotiating Parties: Chandi Enterprises, LLC Under Negotiation: Terms of Agreement and Payment Item 1A-12 CC, SARDA, & HA Meeting Minutes September 15, 2022 City of Palm Desert Page 2 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES C. CONFERENCE WITH LEGAL COUNSEL – MATTERS CREATING 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 creates significant exposure to litigation. City Attorney Hargreaves reported that relative to Closed Session Item B1, the City Council unanimously approved the extension to the Disposition and Development Agreement with Chandi Enterprises, LLC, and it will be available for public review once it is finalized. PRESENTATIONS: None. CITY MANAGER'S COMMENTS: City Manager Hileman introduced Public Works Deputy Director Ramirez who provided an update on street maintenance throughout the city and responded to City Council inquiries. Public Affairs Management Analyst Blythe reported on various events taking place in Palm Desert. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION: Councilmember Kelly encouraged residents to apply to serve on the City’s commissions and committees, noting that she is impressed with the recently appointed members. Councilmember Quintanilla reported on her attendance at the League of California Cities Annual Conference in Long Beach and various other regional meetings and events; spoke in support of the newly established CARE Court and HOME Court programs. Mayor Pro Tem Jonathan further discussed CARE Court and its impact on the Coachella Valley. Mayor Harnik reported on her attendance at the League of California Cities Annual Conference in Long Beach; requested staff explore the Affordable Connectivity Program for possible grant opportunities. NON-AGENDA PUBLIC COMMENTS: None. 1. CONSENT CALENDAR: MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER KELLY, CARRIED 5-0, to approve the consent calendar. A. APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER KELLY, CARRIED 5-0, to approve the Minutes of July 14, 2022. B. APPROVAL OF WARRANTS Item 1A-13 CC, SARDA, & HA Meeting Minutes September 15, 2022 City of Palm Desert Page 3 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER KELLY, CARRIED 5-0, to approve the warrants issued for the period 08/19/2022 to 09/06/2022. C. APPROVAL OF FINDINGS RELATIVE TO AB 361 – REMOTE TELECONFERENCING MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER KELLY, CARRIED 5-0, to find 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. ACCEPT CONTRACT NO. C42450 AS COMPLETE FOR THE 2021 SLURRY SEAL PROJECT (PROJECT NO. 751-21) MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER KELLY, CARRIED 5-0, to accept Contract No. C42450 with American Asphalt South, Inc., of Riverside, California, for the 2021 Slurry Seal Project as complete and authorize the City Clerk to file the Notice of Completion (Project No. 751-21). E. ACCEPT CONTRACT NO. C42330 AS COMPLETE FOR THE 2021 CATCH BASIN AND DRAIN CLEANING PROJECT (PROJECT 501-21) MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER KELLY, CARRIED 5-0, to accept Contract No. C42330 with United Storm Water, Inc. of Industry, California, for the 2021 Catch Basin and Drain Cleaning Project as complete and authorize the City Clerk to file the Notice of Completion (Project No. 501-21). F. ADOPT RESOLUTION No. 2022-78 ESTABLISHING REVISED DATES FOR REGULAR MEETINGS OF THE PALM DESERT HOMELESSNESS TASKFORCE FOR FISCAL YEAR 2022/23 MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER KELLY, CARRIED 5-0, to adopt Resolution No. 2022-78 establishing dates for the regular meetings of the City’s Homelessness Taskforce for fiscal year 2022/23. G. INFORMATIONAL UPDATE REGARDING THE 2022 VETERANS DAY CELEBRATION MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER KELLY, CARRIED 5-0, to receive and file an informational update regarding the 2022 Veterans Day Celebration. H. APPROVAL OF PALM DESERT CHARTER MIDDLE SCHOOL’S 2023 PANTHER 5K MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER KELLY, CARRIED 5-0, to: 1. Approve Palm Desert Charter Middle School’s Panther 5K scheduled for Sunday, January 22, 2023. 2. Approve road closures on El Paseo between Highway 74 and Portola Avenue. I. APPROVAL OF THE 2023 PALM DESERT HALF MARATHON AND 5K EVENT Item 1A-14 CC, SARDA, & HA Meeting Minutes September 15, 2022 City of Palm Desert Page 4 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER KELLY, CARRIED 5-0, to: 1. Approve the 2023 Palm Desert Half Marathon and 5K scheduled for Sunday, February 12, 2023. 2. Approve the proposed event route and road closures. 3. Temporarily waive Palm Desert Municipal Code (PDMC) Section 11.01.140 (Amplified Sound). 4. Temporarily waive Palm Desert Municipal Code (PDMC) Section 11.01.080 W (Possession/Consumption of Alcohol in City Parks) pursuant to PDMC 9.58.040. 5. Temporarily waive Palm Desert Municipal Code (PDMC) Section 11.01.080 (Prohibited Conduct Generally in City Parks, Item Q – Vendor Sales). J. CONSIDER REAPPOINTMENTS TO EL PASEO PARKING & BUSINESS IMPROVEMENT DISTRICT BOARD MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER KELLY, CARRIED 5-0, to reappoint Sonia Campbell, Dennis Flaig-Moore, and Patrick Klein to a three-year term beginning July 1, 2022, through June 30, 2025, to the El Paseo Parking & Business Improvement District (EPPBID) Board of Directors. K. ADOPT RESOLUTION NO. 2022-79 APPROVING FINAL TRACT MAP NO. 37506-2 AND SUBDIVISION IMPROVEMENT AGREEMENTS WITH UNIVERSITY PARK INVESTOR, LLC., RELATED TO UNIVERSITY PARK MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER KELLY, CARRIED 5-0, to adopt Resolution No. 2022-79 approving Final Tract Map No. 37506-2 and Subdivision Improvement Agreements with University Park Investor, LLC., related to University Park. L. APPOINTMENT OF APPLICANTS TO THE CITY OF PALM DESERT’S CIVIC ENGAGEMENT COMMITTEE AND CULTURAL ARTS COMMITTEE MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER KELLY, CARRIED 5-0, to: 1. Appoint Greg Akkerman, Brooke Beare-Stjerne, Emily Vogt, and David Scott Warmuth to the Civic Engagement Committee for a term ending June 30, 2024. 2. Appoint Anyse Smith, Marilyn Solomon, and Jonathan Stutz to the Civic Engagement Committee for a term ending June 30, 2026. 3. Appoint Ann Simley as an alternate member to the Cultural Arts Committee to fulfill a term ending June 30, 2023. Item 1A-15 CC, SARDA, & HA Meeting Minutes September 15, 2022 City of Palm Desert Page 5 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES M. AFFIRM APPROPRIATIONS ASSOCIATED WITH LEASE-PURCHASE AGREEMENTS FOR NECESSARY EQUIPMENT UPGRADES AT DESERT WILLOW IN PRIOR FISCAL YEAR MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER KELLY, CARRIED 5-0, to: 1. Affirm December 16, 2021, appropriation in the amount of $1,930,215.58 plus changes up to $96,510.78 for a total of $2,026,726.36 to Account Number 4414195-4809200 from unobligated Golf Course Capital Funds for the lease-purchase of Toro Equipment at Desert Willow. 2. Authorize an additional appropriation to cover price adjustment, in the amount of $25,163.68 to Account Number 4414195-4809200 from unobligated Golf Course Capital Funds for the Toro Equipment at Desert Willow. 3. Affirm December 16, 2021, appropriation in the amount of $1,575,438.84 to Account Number 4414195-4809200 from unobligated Golf Course Capital Funds for the lease- purchase of electric golf and utility carts from Club Car LLC at Desert Willow. EXCLUDED CONSENT CALENDAR: None. 2. ACTION CALENDAR: A. CONSIDER IMPLEMENTATION OF THE PALM DESERT TURF REBATE PROGRAM IN PARTNERSHIP WITH THE COACHELLA VALLEY WATER DISTRICT (CVWD) AND APPROPRIATE $1,000,000 FROM THE UNOBLIGATED GENERAL FUND RESERVE Special Programs Manager Lawrence narrated a PowerPoint presentation and responded to City Council inquiries. Management Analyst Stull and Victoria Llort, of Coachella Valley Water District, also responded to City Council inquiries. Juleen McElgunn, a Palm Desert resident, spoke in support of the Turf Rebate Program. Dorian W., a Cathedral City resident, spoke in support of saving water and asked the City Council to reconsider its approval of the surf park development. Following discussion, MOTION BY MAYOR PRO TEM JONATHAN, SECOND BY COUNCILMEMBER QUINTANILLA, CARRIED 4-1 (NESTANDE VOTING NO), to: 1. Support the implementation of the Palm Desert Turf Rebate Program in partnership with the Coachella Valley Water District (CVWD).  2. Approve an appropriation of $1,000,000 from the Unobligated General Fund Reserve to Account No. 4004437-4391503 (Turf Retrofit) and authorize the City Manager to adjust the allocation between residential and commercial if the application pattern reflects a clear basis to do so, and report back to the City Council. 3. Provide the City Manager conditional authorization to provide the program an additional $500,000 from the Unobligated General Fund Reserve to Account No. 4004437-4391503 (Turf Retrofit).  4. Authorize the City Manager to take all further actions to implement the program including waiving plan check and encroachment permit fees and approving/executing all associated agreement(s), approved as to form by the City Attorney. B. RECEIVE AND FILE INFORMATIONAL REPORT ON THE HISTORY OF CITY COUNCIL ACTIONS RELATED TO DESERT COMMUNITY ENERGY (DCE) AND PROVIDE STAFF WITH DIRECTION ON FUTURE ACTIONS RELATED TO DCE Item 1A-16 CC, SARDA, & HA Meeting Minutes September 15, 2022 City of Palm Desert Page 6 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES Special Programs Manager Lawrence presented the staff report and responded to City Council inquiries. Tom Kirk, of the Coachella Valley Association of Governments, also responded to City Council inquiries. During the course of discussion, Councilmember Kelly noted that at the City Council meeting on August 25, 2022, she voted in the majority to support scheduling a Study Session related to Desert Community Energy and wishes to reconsider her previous vote. MOTION BY COUNCILMEMBER KELLY, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 3-2 (COUNCILMEMBER QUINTANILLA AND MAYOR PRO TEM JONATHAN VOTING NO) to reconsider scheduling a Study Session related to Desert Community Energy. Following discussion, MOTION BY COUNCILMEMBER NESTANDE, SECOND BY COUNCILMEMBER KELLY, CARRIED 3-2 (COUNCILMEMBER QUINTANILLA AND MAYOR PRO TEM JONATHAN VOTING NO) to cancel the Study Session related to Desert Community Energy. C. DIRECTION FOR A PROSPECTIVE REQUEST FOR PROPOSALS FOR A RAIL- STATION FEASIBILITY STUDY Economic Development Director Ceja narrated a PowerPoint and responded to Council inquiries. MOTION BY COUNCILMEMBER NESTANDE, SECOND BY COUNCILMEMBER HARNIK, CARRIED 5-0, to: 1. Confirm the contents to be included in a Request for Proposals (RFP) for a feasibility study to identify potential rail station locations within the City of Palm Desert.   2. Establish an ad hoc subcommittee to serve as a steering committee to work with the potential firm selected from the RFP process and appoint Mayor Harnik and Councilmember Quintanilla to serve on the steering committee. D. APPROVE A CONTRACT AMENDMENT WITH HR GREEN PACIFIC IN THE AMOUNT OF $121,500 TO CONDUCT A FEASIBILITY AND MASTER PLAN STUDY FOR BROADBAND SERVICES  Economic Development Director Ceja narrated a PowerPoint and responded to Council inquiries. MOTION BY COUNCILMEMBER NESTANDE, SECOND BY COUNCILMEMBER QUINTANILLA, CARRIED 5-0, to: 1. Approve a Contract Amendment between HR Green Pacific and the City of Palm Desert in the amount of $121,500 to conduct a feasibility and master plan study for broadband services.  2. Establish a broadband ad-hoc subcommittee to aid in the development of the broadband feasibility and master plan study and appoint Mayor Harnik and Councilmember Kelly to serve on the subcommittee. 3. PUBLIC HEARINGS: None. Item 1A-17 CC, SARDA, & HA Meeting Minutes September 15, 2022 City of Palm Desert Page 7 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES INFORMATION ITEMS: None. ADJOURNMENT: The City Council adjourned at 7:17 p.m. Respectfully submitted, Niamh M. Ortega Deputy City Clerk/Assistant Secretary ATTEST: Anthony J. Mejia, MMC City Clerk/Secretary APPROVED BY CITY COUNCIL: __/__/2022 Item 1A-18 C ity of P a lm D esert Check Register 9/6/202 2 -9/6/2022 Bank ID Check Number Check Date Vendor N am e A ccount N umb er Transaction D es c Invoic e A mount Paid WR 50203303 09/06/2022 ST A TE OF CALIFORN IA 11 00000 2160200 PIT W/H PD: 08 /31/2022 6593723 17,637.42 WR 50203305 09 /06/2022 STA TE OF CALIFORNIA 1100000 2160200 PIT W/H PD : 08 /31/2022 6593724 71.74 WR 50636845 09 /06/2022 NATIONWIDE RETIREMENT SOLUTIONS 1100000 2162100 DEFERRED COMP PAYDAY 08/31 /22 3 706400 I 083122 7 ,423.38 WR 50636845 09/06/2022 NATIONWIDE RETIREMENT SOLUTIONS 6 100000 1029100 DEFERRED COMP PAYDAY 08/31 /22 3 706400 I 083 122 7,423.38 WR 50636845 09/06/2022 NATIONWIDE RETIREMENT SOLUTIONS 6 100000 2162100 DEFERRED COMP PAYDAY 08/31 /22 37064001 083122 -7 ,423 .38 WR 5 1108483 09/06/2022 I CM A RETIREMENT TRUST 6 100000 2 162300 Deferred Comp PayDay 08/3 l/22 808575 -12,433 .24 WR 5 1108483 09/06/2022 I C M A RETIREMENT TRUST 1100000 2162300 Deferred Comp PayDay 08 /31/22 808575 12 ,433 .24 WR 5 1108483 09/06/2022 I C M A RETIREMENT TRUST 6100000 1029300 Deferred Comp PayDay 08/31 /22 808575 12,433.24 WR 5 1108499 09/06/2022 I CM A RETIREMENT TRUST 6 100000 2162200 Retire Hlth Sv-PayDay 08 /31 /22 808593 -4,087 .74 WR 5 1 108499 09/06/2022 1 CM A RETIREMENT TRUST 6100000 1029200 Retire Hlth Sv-PayDay 08 /3 1/22 808593 4 ,087 .74 WR 5 1108499 09/06/2022 I C M A RETI.REMENT TRUST 1100000 2162600 Retire Hlth Sv-PayDay 08 /3 1/22 808593 4 ,087 .74 WR 5 1 108501 09/06/2022 I C M A RETIREMENT TRUST 1100000 2162600 Retire Hlth Sv-PayDay 08/31 /22 808662 22 .10 WR 5 1108501 09/06/2022 I C M A RETIREMENT TRUST 6100000 1029200 Retire Hlth Sv-PayDay 08/31 /22 808662 22.10 WR 51108501 09/06/2022 I C M A RETIREMENT TRUST 6 100000 2162200 Retire Hlth Sv-PayDay 08 /31/22 808662 -22 .10 WR 51 108509 09/06/2022 I C M A RETIREME T TRUST 6100000 2162201 401-A Retire PayDay : 08/31 /22 808621 -7 ,720.57 WR 5 1108509 09/06/2022 I C M A RETIREMENT TRUST 6100000 1029201 40 I-A Retire PayDay: 08 /31/22 808621 7,720.57 WR 5 1 108509 09/06/2022 IC M A RETIREMENT TRUST 1100000 2162201 40 I-A Retire Pay Day : 08/31 /22 808621 7,720 .57 WR 51108511 09/06/2022 I C M A RETIREME T TRUST 1100000 2162201 401-A Retire Pay Day : 08/31 /22 808668 44 .23 WR 5 11 08511 09/06/2022 I CM A RETIREMENT TRUST 6 100000 1029201 40 I -A Retire PayDay: 08 /3 1 /22 808668 44 .23 WR 51108511 09/06/2022 I C M A RETIREMENT TRUST 6 100000 2162201 401-A Retire PayDay: 08 /31 /22 808668 -44 .23 WR 55687701 09/06/2022 PERS 1104 150 4111500 Rounding 08/26/2022 1022194147 0 .58 WR 55687701 09/06/2022 PERS 1100000 2161100 PERS 08/26/2022 !022194147 54,285.31 WR 55687703 09/06/2022 P ERS 1100000 2161100 PERS 08/26/2022 1002 194148 31,416.98 WR 55687703 09 /06/2022 P ERS 1100000 2161 100 PER S 08/26/2022 1002194148 610.10 WR 598 16848 09/06/2022 DEPARTMENT OF THE TREASURY 1100000 2160100 Federal W /H P/D 08/31 /2022 20326955 41,807.45 WR 598 16848 09/06/2022 DEPARTMENT OF THE TREASURY 1 100000 2160300 Medicare W /H P/D 08/31/2022 20326955 12 ,866.38 WR 598 16849 09/06/2022 DEPARTMENT OF THE TREASURY 11 00000 2160300 Med icare W/H P/D 08/31 /2022 64981402 63.28 Report Date 09/0 6/2022 Page t:itv & Housing Item 1B-1 Bank ID Check Number Check Date Vendor Name WR 59816849 09/06/2022 DE PARTMENT OF THE TREASURY Audited and Found Correct 4:t~F~ Report Date 09/06 /2022 City of P a lm D esert Check Register 9/6/2022 - 9/6/2022 Account Number Transaction Desc 1100000 2160 100 Federal W /H PIO 08/3 l /2022 Invoice 64981 4 02 Page 2 City & Housing Amount Paid 239 .15 Total For Bank ID -WR 190,729.65 Item 1B-2 Bank ID Check Number Check Date Vendor Name IO 00001556 09 /08 /2022 C ITY OF PALM DESERT Report Date 09 /08 /2022 City of Palm Desert Check Register 9/8/2022 -9/8/2022 Account Number Transaction Desc 7034195 4309000 21 /228-ADMIN CO ST REIMB pproved - Invoice Amount Paid 2 1/22 8 364 ,189.33 Total For Bank ID -10 364,189.33 Page Successor Agency Item 1B-3 Bank ID Check Numb e r Ch eck D ate Vendor N am e 00 00004868 09 /15 /2022 DESERT ACCESS AND MOBIUTY, INC Report Date 09 /15/2022 City of P alm Desert Check Register 9/15/2022 -9/15 /2022 A ccount N umb er T ran saction D es c 2204800 4388000 CDBG FUNDING FY2 l /22 In voice CDBG 21-22 Page City & Housing A mount Paid 8,797 .14 Total For Bank ID -00 8 ,797.14 Item 1B-4 City of Palm D esert Check Register 9/16/2022 -9/16/2022 Ba nk ID C heck Numb er Check Date Ve ndor Na me Accoun t N umb er T ransaction Des c In vo ic e A mount Pai d 00 01531062 09/16/2022 PENTA, RYLAND 1104417 4311500 Mile -CA PIO Conf. 08 /30/2022 M ILE 8/30/2022 15 1.25 00 0 1531062 09/16/2022 PENTA , RYLAND 11 04417 4312000 Meals -CAPIO Conf. 08/30/2022 MEAL 08/30/2022 55 .50 00 0 1531063 09/16/2022 AETNA 2300000 3412400 EMS 2/16 /2 1 Ref Run 2 1-74054 ZLO992749729 104 .87 00 0153 1064 09/16/2022 AMERICAN FORENSIC NURSES 11 04210 4390400 FY 22/23 Blood draws/DUI dmg 76229 217 .05 00 01531064 09 /16/2022 AMERICAN FORENSIC NURSES 1104210 4390400 FY 22/23 Blood draws/DUI dmg 763 11 61.22 00 01531064 09/16/2022 AMERICAN FORE SIC NURSES 1104210 4390400 FY 22/23 Blood draws/DUI dmg 76361 122.44 00 01531064 09/16/2022 AME RI CAN FORENSIC NURSES 1104210 4390400 FY 22/23 Blood draws/DUI drug 76304 896.03 00 01531065 09/16/2022 AMERICA PL ANNING ASSOCIATION 11 00000 1430100 DUES : APA-CANNONE 7/23-9/23 I 04182-2273 197.00 00 01531065 09/16/2022 AMERICAN PLANNING ASSOCIATION 11 04470 4363000 DUES : APA-CANNONE I 0/22 -6/23 I 04182-2273 59 1.00 00 0153 1066 09/16/2022 ANDERSO COMMUNICATION INC 11 04310 4365000 MONTHLY RAD IO REPEATER SERVICE 19519 250 .00 00 0 1531067 09/16/2022 ANDREA STAEHLE 11 04 154 43 12500 Wellness Event 9/14/22 COSTCO 8532 274.46 00 01531068 09/16/2022 ANGELICA MARRON 1100000 1150100 CALBO 10/10-11/22 A.MARRON ADV PROM 10/11 /22 96 .00 00 01531069 09/16/2022 BAKER, WALLACE V. 1104422 4309000 SVC CODE ENFORCEMENT 48 996.00 00 01531069 09/16/2022 BAKER, WALLACE V. I 104422 4309000 SVC CODE ENFORCEMENT 46 168.00 00 01531070 09/16/2022 BANNER BANK 4510000 1025000 P 11535 9 RETNT HOLD TN ESC 1912 7/3 l/2022-PP#l4 39 ,242.80 00 01531070 09/16/2022 BANNER BANK 4510000 2060000 Pl 15359 RETNT PAYABLE PP #14 RETNT PP#l4 39,242.80 00 0 1531070 09/16/2022 BANNER BANK 4510000 2060000 Pl 15359 RETNT PAYABLE PP #14 7/3 l/2022-PP#14 * -39 ,242 .80 00 0153107 1 09/16/2022 BELSON OUTDOORS, LLC 2384515 4400100 RO-FT-EPX 2 Round racks WQ312439 976 .85 00 01531072 09/16/2022 BIO TOX LABO RA TORIES 1104210 4390400 FY 22/23 Blood and Urine analy 43080 731.00 00 01531072 09/16/2022 BIO TOX LABORATORIES 1104210 4390400 FY 22/23 Blood and Ur in e ana ly 43079 213.00 00 01531073 09/16/2022 BLUE BREEZE ENTE RTAINMENT 1104416 4306101 Blue Breeze/Concert Series 101322 4,500 .00 00 01531074 09/16/2022 BMW MOTORCYCLE OF RIVERSIDE 11 042 10 4334000 FY 22/23 Mai nt enance and repai 6030724 1,928 .99 00 01531074 09/16/2022 BMW MOTORCYCLE OF RIVERSIDE 1104210 4334000 FY 22/23 Maintenance and repa i 6030774 795.09 00 01531074 09 /16/2022 BMW MOTORCYCLE OF RIVERSIDE 1104210 4334000 FY 22 /23 Maintenance and repai 6030922 416.42 00 01531075 09/16/2022 BRIAN K. STEMMER CONSTRUCTION 11 04800 4388500 drywall repair -PSAM 5520 850 .00 00 01531076 09/16 /2022 CACEO 1104420 4363000 2022 CODE CONF REG-H INLEY 200022324 425.00 00 01531076 09/16/2022 CACEO 1104422 4312000 2022 Code Conf-J.Ce nteno 200022099 425 .00 Report Date 09 /16/2022 Page Housing Item 1B-5 City of Palm De sert Check Register 9/16/2022 -9/16/2022 Bank ID Check N umb er Check Date Vendor Na me Account N umb er T ransaction D esc Invoice Amount Paid 00 01531077 09/16/2022 CALIFORNIA BUILDI NG OFF IC IALS 1104421 4312000 CAL BO 10/10-1 1/22 T.WILLIAMS 15604 390.00 00 01531077 09/16/2022 CALIFORN IA BU ILDIN G OFF IC IALS 1104421 4312000 CALBO 10/10-11 /22 A.CASTRO 15604 390.00 00 01531077 09/16/2022 CALIFORNIA BUILDING OFFICIALS l 104421 4312000 CALBO 10/10-11 /22 A .MARRON 15604 390.00 00 0 1531078 09/16/2022 CASTRO, ANTHONETTE 11 00000 1150100 CALBO 10/10-11 /22 A.CASTRO ADV PRDMI0/J 1/22 96.00 00 0 1531079 09/16/2022 CEJA, ERIC l 10 0000 11 50100 SE! 7/16-30 /22 E.CEJA CLR TRAIN7/30/22 -86.00 00 01531079 09/16/2022 CEJA, ERIC l 100000 1150100 SE! 7/16-30/22 E.CEJA CLR AIR7/30/22 -1 ,257.21 00 01531079 09/16/2022 CEJA, ERIC 11 00000 1150100 SE! 7/16-30/22 E.CEJA CLRLDG 7/3 0/22 -1 82.92 00 01531079 09 /16/2022 CEJA, ERIC 11 04 154 4312101 SE! 7/16-30/22 E.CEJA PRDM7/30/22 1,000 .50 00 01531079 09 /16/2022 CEJA, ER IC 11 04 154 4312101 SE! 7/16-30/22 E.CEJA UBERS7/30/22 17 .94 00 01531079 09 /16/2022 CEJA, ERIC 1104154 4312101 SEI 7/16-30/22 E.CEJA M ILE7/30/22 14 .44 00 01531079 09/16/2 022 CEJA, ERIC 11041 54 4312101 SE! 7/16-30/22 E.CEJA CKBAG7/30/22 30 .00 00 0 1531079 09/16/2022 CEJA, ERIC 11 04 154 4312101 SE I 7/16-30 /22 E.CEJA TRAJN7/30/22 86.00 00 01531079 09/16/2022 CEJA, ERIC 11 04154 4312101 SE! 7/16-30/22 E.CEJA AIR 7/30/22 1,257.21 00 0 1531079 09/16/2022 CEJA, ERIC 11 04154 4312101 SE! 7/16-30/22 E.CEJA LDG7/30/22 182 .92 00 01531080 09/16/2022 CHARTER COMMUNICATIONS 1104190 4365000 Aug -City Hall Intern et 0345093081622 2,070.00 00 0 1531081 09/16/2022 CHARTER COMMUNICATIONS 2424549 4365000 73571 Magnesia-Aug 2022 0525504081722 274.49 00 0 1531082 09/16/2022 C HARTER COMMUNICATIONS 1104190 4365000 Sept -Corp Yard Internet 1093262090722 72.63 00 01531083 09/16/2 022 COACHELLA VALLEY WATER DIST. 1104310 4351000 Town Ctr Way -Bus Shelter 3071 13 813150AG22 32 .90 00 01531083 09/16/2022 COACH ELLA VALLEY WATER DIST. 11 04330 4351000 1052 CORPORATION YARD 3 1517784 7704AG22 476.47 00 01531083 09/16/2022 COACHELLA VALL EY WATER DIST . 11 04340 4351000 44911 Cabrillo Avenue 7 I 2257390932AG22 13 8.39 00 01531083 09 /16/2022 COACHELLA VALLEY WATER DIST. I 104340 435 1000 45656 Mountain Vi ew 78890 I 403 I 40AG22 15 .15 00 01531083 09/16/2022 COACHELLA VALLEY WATER DIST. I 104340 4351000 45653 Portola Ave 792875403 I 20AG22 51.12 00 01531083 09/16/2022 COACHELLA VALLEY WATER DIST. I 104610 4351000 248 RAC WELL RMT BY LAKE 332429853 l 74AG22 3,307.40 00 01531083 09/16/2022 COACHELLA VALLEY WATER DIST. 11 04611 4351000 1131 HOVLEY SOCCER PARK 315303847830AG22 2,424 .65 00 01531083 09/16/2022 COACHELLA VALLEY WATER DIST. I 104611 4351000 10049 FREEDOM PARK 3 1549 I 8480 I 8AG22 11 ,214 .61 00 0 1531083 09/16 /2022 COAC HELLA VALLEY WATER DIST. I 1046 1 I 4351000 10364 HOVL EY SOCCER PARK 3 I 6695849222AG22 22 ,87 1.55 00 01531083 09/16/2022 COACHELLA VALLEY WATER DIST. I 104614 4351000 1051 ST MEDIANS "4" 3 I 5 I 75847702AG22 3,763.00 Report Date 09/16 /2022 Pa ge 2 City & Housing Item 1B-6 C ity of P a lm D esert Check Register 9/16/2022 -9/16/2022 Bank ID Check Number Check Date Vendor Name A ccount N umber Tran saction Desc Invoice Amount Paid 00 0 1531083 09 /16/2022 COACHELLA VALLEY WATER DIST. 11 046 14 435 1000 1089 ME DLANS 315239847766AG22 3,550.55 00 0 153 1083 09/16/2022 COACHELLA VALLEY WATER DIST . 2304220 435 1000 73200 Mesa View Dr FS 67 17628 1476314AG22 304.40 00 0153[083 09/16/2022 COACHELLA VALLEY WATER DIST. 2734680 4351000 D. 1088 Desen Mirage (Cook) 315237847764AG22 387.59 00 01531083 09/16/2022 COACHELLA VALLEY WATER DIST. 2734682 4351000 13 I 050 Primrose 11 315 l 73847700AG22 121.94 00 01531083 09/16/2022 COACHELLA VALLEY WATER DIST. 2754643 4351000 I 1050 Diamondback 315! 73847700AG22 43.36 00 01531083 09/16/2022 COACHELLA VALLEY WATER DIST. 2754680 4351000 18 I 050 Monterey Meadows 3 l 5173847700AG22 69.58 00 0 1531083 09/16/2022 COACHELLA VALLEY WATER DIST. 2754681 4351000 17 1050 The Glen 315173847700AG22 79.63 00 0 1531083 09/16 /2022 COACHELLA VALLEY WATER DIST. 2754682 4351000 2 I 050 Hov ley Estates 315173847700AG22 29 .32 00 01531083 09/16 /2022 COACH ELLA VALLEY WATER DI ST. 2754682 4351000 15 1050 Hov ley Estates 315173847700AG22 38.68 00 0 1531083 09/16/2022 COACHELLA VALLEY WATER DIST. 2754683 4351000 22 I 050 Sonata I 31517384 7700AG22 129.49 00 01531083 09/16/2022 COACHELLA VALLEY WATER DIST . 2754684 4351000 20 I 050 Sonata II 315173847700AG22 143 .35 00 0 1531083 09/1 6/2022 COACHELLA VALLEY WATER DIST. 2754685 4351000 I 6 I 050 Hovley Collection 3 !5173847700AG22 58 .57 00 01531083 09 /16/2022 COACHELLA VALLEY WATER DIST. 2754685 4351000 21 1050 Hov ley Collection 315 I 73847700AG22 55.33 00 01531083 09/16/2022 COACHELLA VALLEY WATER DIST . 2754686 4351000 5 I 050 La Paloma I 315173847700AG22 31.66 00 0 1531083 09/16/2022 COACHELLA VALLEY WATER DIST. 2754686 4351000 19 I 050 La Paloma I 315173 847700AG22 38 .68 00 01531083 09/16/2022 COACHELLA VALLEY WATER DIST. 2754687 4351000 6 I 050 La Paloma II 315 l 73847700AG22 91.64 00 01531083 09 /16/2022 COACH ELLA VALLEY WATER DIST. 2754693 435 1000 3 1050 La Paloma 1I1 315173847700AG22 86.28 00 01531083 09/16/2022 COACHELLA VALLEY WATER DIST. 2754694 4351000 7 I 050 Sandpiper 315173847700AG22 92 .81 00 01531083 09/16/2022 COACHELLA VALLEY WATER DIST. 2754695 4351000 8 I 050 Sandpiper 315173847700AG22 72.68 00 01531083 09/16/2022 COACHELLA VALLEY WATER DIST. 2754696 4351000 4 1050 Hovley Coun West 315173847700AG22 49.2 1 00 0 1531083 09/16/2022 COACHELLA VALLEY WATER DIST. 2754697 435 1000 14 I 050 Palm Coun 315173847700AG22 64 .74 00 0 153 1083 09/16/2022 COACHELLA VALLEY WATER DIST. 2794374 435 1000 12 1050 Waring Coun 315173847700AG22 97.20 00 0 1531083 09/16/2022 COACHELLA V ALLEY WATER DI ST. 2804374 4351000 11 1050 Palm Gate 3 15173847700AG22 55 .06 00 01 53 1083 09/16/2022 COACHELLA V ALLEY WATER DI ST. 2854374 435 1000 C. 1088 Kaufman & Broad (Heath 3 1523 78 47764AG22 79.63 00 0 153 1083 09/16/2022 COACHELLA VALLEY WATER DI ST. 2864374 435 1000 IO I 050 Canyon Crest 315173847700AG22 67.93 00 0 1531083 09 /16/2022 COACHELLA VALLEY WATER DIST. 2874374 4351000 H. 1088 College View Estates I 3 1523 784 7764AG22 136 .01 00 0 1531083 09/16 /2022 COACHELLA VALLEY WATER DIST. 2874680 4351000 F. I 088 T he Bo u lders (Shepherd 315237847764AG22 30.49 Re port Date 09/16/2022 Page 3 City & Housing Item 1B-7 C ity of Pa lm D esert Check Register 9/16/2022 -9/16/2022 Bank ID Check N umber Check Date Vendor Name A ccount N umber Transaction De sc Invoic e Amount Paid 00 0 1531083 09/16/2022 COACHELLA VALLEY WATER DIST. 2874681 4351000 B. 1088 Sundance W (Kokopelli) 3 I 5237847764AG22 79.63 00 01531083 09/16/2022 COACHELLA VALLEY WATER DIST. 2874682 4351000 E. I 088 Petunia Place I (Petun 3 I 5237847764AG22 16 8.73 00 01531083 09/16/2022 COACHELLA VALLEY WATER DIST. 2874683 4351000 A. 1088 Sundance E. (Shepherd 315237847764AG22 96.08 00 01531083 09/16/2022 COACHELLA VALLEY WATER DIST. 2874684 4351000 G. 1088 College View Estates I 315237847764AG22 125.40 00 01531083 09/16/2022 COACHELLA VALLEY WATER DIST. 2994374 4351000 9 1050 PDCC 3 l 5 l 738 47700AG22 356.07 00 01531084 09/16/2022 COLLEGE OF THE DESERT FOUNDATION 1104800 4306201 State of College Sponsorship 10.26 .22 2,500.00 00 01531085 09/1 6/2022 COMMERCIAL DOOR METAL SYSTEMS rNC2304220 4331000 REPLACE FIRE FIGHTER DORMITORY 56230 2,663.39 00 01531086 09/16/2022 CONSOLIDATED ELECTRICAL DIST. rNC . 1104610 4332100 LED li ghts -SSS 5725 -1 023717 1,660.64 00 01531086 09/16/2022 CONSOLIDATED ELECTRICAL DIST. rNC. I 104800 43 88500 LED lights -PSAM 5725-1055665 915 .88 00 01531087 09/16/2022 CONTrNENTAL LIFE INSURANCE COMPAN't2300000 3412400 EMS 12/9 /21 Ref Run 21-693295 CLl667556 1 82 .37 00 01531088 09/16/2022 COUNTY OF RIVERSIDE SHERIFF DEPT 11042 10 4217000 FY 22 /23 PD Poli ce Motors Fuel SH000004165 I 764.33 00 01531088 09 /16/2022 COUNTY OF RIVERSIDE SHERIFF DEPT 1104210 4217000 FY 22/23 Burglary Suppression SH000004 I 650 1,348.97 00 01531089 09/16/2022 County of Riverside Sheriff Department I 104210 4304000 FY 22/23 Cal ID Fingerprint ID SH000004 l 563 53 ,892.00 00 0 1531090 09/16 /2022 DATA TICKET INC 1104422 4309000 PROF SVC PARKrNG TICKET PRO CES 141420 250 .70 00 01531091 09/1 6/2022 DESERT AIR CONDITTONrNG rNC. 5104195 4369601 HVAC UNIT -PARK.VIEW BLDG #222 229689 10,436.00 00 01531092 09/16/2022 DESERT PIPE & SUPPLY 1104800 4388500 toilet fill valve -PSAM 16520720 32.44 00 01531092 09/16/2022 DESERT PIPE & SUPPLY 5104195 4369602 flush valves -State Bldg 16498850 152.60 00 01531093 09/16 /2022 DESERT TREE SPRAYING 1104610 4332001 RODENT CONTROL -CIVIC CENTER 1158 250 .00 00 01531093 09/1 6/2022 DESERT TREE SPRAYING 1104 6 11 4332001 RODENT CONTROL -PARKS 1158 2 15.00 00 01531093 09/16/2022 DESERT TREE SPRA YrNG 1104611 4391000 RODENT CONTROL -COMM GARDENS 115 8 60.00 00 01531093 09/16/2022 DESERT TREE SPRAYING 1104 6 14 4392101 RODENT CONTROL -ENTRADA DEL P 11 58 11000 00 01531093 09/16/2022 DESERT TREE SPRAYING 2854374 4332 100 RODENT CONTROL -KAUFMAN & BRO 1158 60.00 00 01531094 09/16/2022 DRAGON'S EXTERMINATOR 11 04610 433 1000 PEST CONTROL-C IVI C CENTER PA 89217258 50.00 00 01531094 09/16/2022 DRAGON'S EXTERMrNA TOR 1104610 4331000 PEST CONTROL-CIVIC CENTER PA 892 172 82 50.00 00 01531094 09/16/2022 DRAGON'S EXTERMrNA TOR 11046 11 4331000 EXTRA SERVICES -PARKS 89217592 448.00 00 01531094 09/16/2022 DRAGON'S EXTERMrNATOR 110461 1 4331000 PEST CONTROL -PARK BUILDINGS 892 17258 180 .00 00 0153 1094 09/16/2022 DRAGON'S EX TERMINATOR 11 046 11 4331000 PEST CONTROL -PARK BUILDINGS 89217282 180.00 Report Date 09/16 /2022 Page 4 City & Housing Item 1B-8 City of Palm D esert Check Register 9/16/2022 -9/16 /2022 Bank ID Check Number Check Date Vendor Na me Account N umber Transaction Desc Invoice Amount Paid 00 01531094 09/16/2022 DRAGON'S EXTERMINATOR 1104611 4391000 PEST CONTROL -COMMUNITY GARDE 892 1725 8 10 .00 00 01531094 09/16/2022 DRAGON'S EXTERMINATOR I 104 611 4391000 PEST CONTROL -COMMUNITY GARDE 892 17282 10 .00 00 01531095 09/16/2022 EARTH SYSTEMS CONSULTANTS SW 4004 161 4400100 PROVIDE SPECIAL INSEPCTION SER 834919 885.50 00 01531096 09/16/2022 EISENHOWER OCCUPATIONAL HEAL TH SV<CID4 154 4309000 DOT 129806 215.00 00 01531097 09/16/2022 ELDER LOVE USA, INC. 4254430 4393000 SCS Grant SCS-ELDER LOVE 500.00 00 01531098 09/16/2022 ENTERPRISE HOLDINGS INC 2294210 4391400 FY 22/23 Car rentals for PD Po 30580139 3,922.18 00 01531099 09/16/2022 FTND FOOD BANK 2364 19 5 4309000 Food recovery per SB 13 83 SB 1383 AUG 22 1,875.00 00 01531100 09/16/2022 FIRSTCHOICE COFFEE SERVICE 1104340 4219000 SUPPLY AS NEEDED VARIOUS 712752 439.47 00 01531100 09/16/2022 FIRSTCHOICE COFFEE SERVICE 1104340 4219000 SUPPLY AS NEEDED PAPER 712752 5 14 .8 0 00 01531101 09/16/2022 FOSTER GARDNER INC. 1104 6 11 4332001 FERTILIZER-PARKS 260932 4,873 .8 5 00 01531102 09/16/2022 GENERAL AIR CONDITIO NING & HEATING 1100000 3221100 80% REFUND -PERM IT CXLD HVRC22-09 I 0 127.20 00 01531103 09/16/2022 GIALAN ELLA, DONALD 4364650 4400100 Artwork for the San Pablo Phas #2 75,000.00 00 01531104 09/16/2022 H & H GENERAL CONTRACTORS INC 4004692 4400100 CHANGE ORDER NO. 08 THRU 11 TO PP #14 285 ,834.82 00 01531104 09/16/2022 H & H GENERAL CONTRACTORS INC 4510000 2060000 RTNT Pl 15359 C37040A RTNT PP#l4 -39 ,242 .80 00 01531104 09/16/2022 H & H GENERAL CONTRACTORS INC 4514692 4400100 CHANGE ORDER NO. I TO INCREASE PP#14 100 ,000 .00 00 01531 104 09/16/2022 H & H GENERAL CONTRACTORS INC 4514692 4400100 CHANGE ORDER NO. 7 FOR ABANDON PP #1 4 161 ,821.27 00 01531104 09/16 /2022 H & H GENERAL CONTRACTORS INC 4514692 4400100 CHANGE ORDER NO. 5 TO EXPEDITE PP #14 237 ,200 .00 00 01531105 09 /16/2022 HAMMER PLUMBING AND PUMPING INC. 2304220 4331000 plumbing srvcs -FS #33 24798-1 545.00 00 01531106 09/16/2022 HAZAN, MARILYN 1104230 4309000 Pct rcimb vaccines-Dog Max 577523 22.00 00 01531106 09/16/2022 HAZAN , MARILYN 1104230 4309000 Pct reimb vaccines-Dog Muffy 577523 22 .00 00 01531106 09/16/2022 HAZAN, MARILYN 1104230 4309000 Pet reimb vaccines-Dog Lola 577523 22 .00 00 01531107 09 /16/2022 HERITAGE PROVIDER NETWORK INC 2300000 34 12400 EMS 3/31 /22 Ref Run 22-198161 866A5208320 2,456.34 00 01531108 09/16/2022 HF&H CONSULTANTS LLC 2364195 4309000 PROVIDE SOLID WASTE, RECYC LING 9719461 6,608.75 00 01531109 09/16/2022 HIGH TECH fRRIGA TION INC. 1104610 4219000 irrigation s upplies -CC Prk 727498 136.53 00 01531109 09/16/2022 HIGH TECH IRRIGATION INC . I 104610 4332001 irrigation repairs -CC Prk 727589 127.40 00 01531109 09 /16/2022 HIGH TECH IRRI GATION INC . l 104 6 11 4332001 fert ili zer -Hovley Soccer Prk 727215 122 .96 00 01531110 09 /16/2022 HILEMAN, TODD l 100000 11 50100 ICMA 9 /1 7-21/22 T.HILEMAN ADV PROM 9/21 /22 288.00 Report Date 09 /16 /2022 Page 5 City & Housing Item 1B-9 C ity of P a lm D esert Check Register 9/16 /2022 -9/16/2 022 B a nk ID Ch eck N umb e r Check D ate Vendor Na me Account N umb er Tr ans action D es c Invoic e A mount Paid 00 0 15311 10 09/16/2022 HILEMAN, TODD 1100000 1150100 ICMA 9/17-2 1/22 T.HILEMAN ADV LDG9 /21 /22 935 .30 00 0153 I 110 09/16/2022 HILEMAN, TODD 1100000 1150100 ICMA 9/17-21/22 T.HILEMAN ADV MILE9/2 l /22 14 .50 00 01531111 09/16/2022 HORIZON PROFESSIONAL LANDSCAPE 2774373 4332100 clean up -Presidents Pl aza I 6368 1,221.73 00 01531111 09/16 /2022 HORIZON PROFESSIONAL LANDSCAPE 2784374 4332100 irrigation repairs -Vineyards 6371 126.42 00 01531111 09/16/2022 HORIZON PROFESSIONAL LANDSCAPE 2814374 4332100 irrigation repairs -The Grov 6370 123.86 00 01531111 09/16/2022 HORIZON PROFESSIONAL LA DSCAPE 2994374 4332100 irrigation repairs -PD CC 6372 252 .84 00 01531111 09/16/2022 HORIZON PROFESSIONAL LANDSCAPE 1104614 4337001 LMA 6-OW LOW ER PARKING LOT 6365 1,025 .00 00 01531111 09/16/2022 HORIZON PROFESSIONAL LANDSCAPE 273 46 80 4332000 LMA 7 DESERT MIRAGE 6359 515.00 00 01531111 09/16/2022 HORIZON PROFESSIONAL LANDSCAPE 273 4680 4332000 LMA 7 DESERT MIRAGE 6336 515.00 00 01531111 09/16/2022 HORIZON PROFESS IONAL LANDSCAPE 2734682 4332000 LMA 7 PRIMEROS E II 6359 310 .00 00 01531111 09/16/2022 HORIZON PROFESSIONAL LANDSCAPE 2734682 4332000 LMA 7 PRIMEROSE II 6336 3 10 .00 00 01531111 09 /16/2022 HORIZON PROFESSIONAL LA DSCAPE 2754643 4332000 LMA 7 DIAMONDBA CK 6359 105 .00 00 01531111 09/16/2022 HORIZON PROFESSIONAL LANDSCAPE 2754643 4332000 LMA 7 DIAMONDBACK 6336 105 .00 00 01531111 09/16/2022 HORIZO PROFESSIO AL LANDSCAPE 2754680 4332000 LMA MONTEREY MEADOWS 6359 130.00 00 01531111 09/16/2022 HORIZON PROFESSIONAL LANDSCAPE 2754680 4332000 LMA MONTEREY MEADOWS 6336 13000 00 01531111 09/16/2022 HORIZON PROFESSIONAL LANDSCAPE 2754681 4332000 LMA 7 THE GLEN 6359 270.00 00 01531111 09/16/2022 HORIZON PROFESSIONAL LANDSCAPE 2754681 4332000 LMA 7 THE GLEN 6336 270 .00 00 01531111 09/16/2022 HORIZO N PROFESS IONAL LANDSCAPE 2754682 4332000 LMA 7 HOVLEY EST A TES 6359 140 .00 00 01531111 09/16/2022 HORIZON PRO FESS IONAL LANDS CA PE 2754682 4332000 LMA 7 HOVLEY EST A TES 6336 140 .00 00 01531111 09/16/2022 HORIZON PROFESSIO AL LANDS CA PE 2754683 4332000 LMA 7 SONATA I 6359 335 .00 00 0153 I 111 09/16/2022 HORIZON PROFESSIONAL LANDSCAPE 2754683 4332000 LMA 7 SONATA I 6336 335 .00 00 01531111 09/16/2022 HORIZON PROFES SIONAL LANDSCAPE 2754684 4332000 LMA 7 SONATA II 6359 465.00 00 01531111 09/16/2022 HORIZON PROFESS IONAL LANDSCAPE 2754684 4332000 LMA 7 SONATA 11 6336 465 .00 00 0 1531111 09/16/2022 HORIZON PROFESSIONAL LANDSCAPE 2754685 4332000 LMA 7 HOVLEY COLLECTION 6359 365.00 00 015 3 1111 09/16 /2022 HORIZON PROFESSIONAL LANDSCAPE 2754685 4332000 LMA 7 HOVLEY COLLEC TION 6336 365.00 00 01531111 09/16/2022 HORIZON PROFESS IONAL LANDSCAPE 2754686 4332000 LMA 7 LA PALOMA I 6359 150 .00 00 01531111 09/16/2022 HORIZON PROFESSIONAL LANDS CA PE 2754686 4332000 LMA 7 LA PALOMA I 6336 150 .00 Report Date 09/16/2022 Page 6 City & Housing Item 1B-10 City of Palm D esert Check Register 9/16/2022 -9/16/2022 B ank ID Check N umb er C heck D ate Ve ndor Na me Ac count N umb e r T ransac tion D esc In voic e Amount Paid 00 01531111 09/16/2022 HORIZON PROFESSIONAL LANDSCAPE 2754687 4332000 LMA 7 LA PALOMA II 6359 150 .00 00 01531111 09/16/2022 HORIZON PROFESSIONAL LANDSCAPE 2754687 4332000 LMA 7 LA PALOMA II 6336 150.00 00 01531111 09/16/2022 HORIZON PROFESSIONAL LANDSCAPE 2754693 4332000 LMA 7 LA PALOMA III 6359 130.00 00 01531111 09/16/2022 HORIZON PROFESSIONAL LANDSCAPE 2754693 4332000 LMA 7 LA PALOMA Ill 6336 130.00 00 01531111 09/16/2022 HORIZON PROFESSIONAL LANDSCAPE 2754694 4332000 LMA 7 SANPIPER COURT 6359 155 .00 00 01531111 09/16/2022 HORIZON PROFESSIONAL LANDSCAPE 2754694 4332000 LMA 7 SANPIPER COURT 6336 155.00 00 01531111 09/16/2022 HORLZON PROFESSIONAL LANDSCAPE 2754695 4332000 LMA 7 SANPIPER COU RT WEST 6359 160 .00 00 01531111 09/16/2022 HORIZON PROFESSIONAL LANDSCAPE 2754695 4332000 LMA 7 SANPJPER COURT WEST 6336 160.00 00 0153 I 111 09/16/2022 HORIZON PROFESSIONAL LANDSCAPE 2754696 4332000 LMA 7 HOVLEY COURT WEST 6359 235.00 00 01531111 09/16/2022 HORIZON PROFESSIONAL LANDSCAPE 2754696 4332000 LMA 7 1-IOVLEY COURT WEST 6336 235 .00 00 0 1531111 09/16 /2022 HORIZON PROFESSIO AL LANDSCAPE 2754697 4332000 LMA 7 PALM COURT 6359 [05 .00 00 01531111 09/16/2022 HORIZON PROF ESSIO AL LA DSCAPE 2754697 4332000 LMA 7 PALM COURT 6336 [05.00 00 01531111 09/16/2022 HORIZON PROFESSIO 'AL LANDSCAPE 2774373 4332000 LMA 7 PRESIDENTS PLAZA I & 11 6359 25.00 00 01531111 09/16/2022 HORIZON PROFESSIONAL LAN DS CAPE 2774373 4332000 LMA 7 PRESIDENTS PLAZA I & II 6336 25.00 00 01531111 09/16/2022 HORIZON PROFESSIONAL LANDSCAPE 2784374 4332000 LMA 7 VINEY ARDS 6359 210.00 00 01531111 09/16/2022 HORIZON PROFESSIONAL LANDSCAPE 2784374 4332000 LMA 7 VINEY ARDS 6336 210.00 00 01531111 09/16/2022 HORIZON PROFESSIONAL LANDSCAPE 2794374 4332000 LMA 7 WARING COURT 6359 200.00 00 01531111 09/16/2022 HORIZON PROFESSIONAL LANDSCAPE 2794374 4332000 LMA 7 WARING COURT 6336 200.00 00 01531111 09 /16/2022 HORIZON PROFESSIO AL LA DSCAPE 2804374 4332000 LMA 7 PALM GATE 6359 125 .00 00 01531111 09/16/2022 HORIZON PROFESSIONAL LANDSCAPE 2804374 4332000 LMA 7 PALM GATE 6336 125.00 00 0153 I I I I 09/16/2022 HORLZON PROFESSIONAL LANDSCAPE 2814374 4332000 LMA 7 THE GROVE 6359 475 .00 00 01531111 09/16/2022 HORIZON PROFESSIONAL LANDSCAPE 2814374 4332000 LMA 7 THE GROVE 6336 475.00 00 01531111 09/16/2022 HORIZON PROFESSIONAL LANDSCAPE 2824373 4332000 LMA 7 PRESIDENTS PLAZA III 6359 475.00 00 01531111 09/16/2022 HORIZON PROFESSIONAL LANDSCAPE 2824373 4332000 LMA 7 PRESIDENTS PLAZA III 6336 475.00 00 01531111 09/16/2022 HORIZON PROFESSIONAL LANDSCAPE 2834374 4332000 LMA 7 PORTOLA PLA CE 6359 200 .00 00 01531111 09 /16/2022 HORIZON PROFESSIONAL LANDSCAPE 2834374 4332000 LMA 7 PORTOLA PLACE 6336 200 .00 00 01531111 09/16/2022 HORIZON PROFESSIONAL LANDSCAPE 2854374 4332000 LMA 7 KAUFMAN & BROAD 6359 930.00 Report Date 09/16/2022 Page 7 City & Housing Item 1B-11 City of P a lm D esert Check Register 9/16/2022 -9/16/2022 Bank ID Check N umb e r Ch eck Date Vendor N ame A ccount N umb e r T ran saction D es c Invoic e A mount Paid 00 0153 I 111 09 /16/2022 HORIZON PROFESSIONAL LANDSCAPE 2854374 4332000 LMA 7 KAUFMAN & BROAD 6336 930.00 00 01531111 09/16/2022 HORIZON PROFESSIONAL LANDSCAPE 2864374 4332000 LMA 7 CANYON CREST 6359 270 .00 00 01 53 1111 09/16/2022 HORIZON PROFESSIONAL LANDSCAPE 2864374 4332000 LMA 7 CANYON CREST 633 6 270 .00 00 01531111 09/16/2022 HORIZON PROFESSIONAL LANDSCAPE 2874374 4332000 LMA 7 COLLEGE VIEW ESTATES I! 6359 300.00 00 01531111 09/16/2022 HORIZON PROFESSIONAL LA DSCAPE 2874374 4332000 LMA 7 COLLEGE VIEW ESTA TES II 6336 300.00 00 01531111 09/16/2022 HORIZON PROFESSIONAL LANDSCAPE 2874680 4332000 LMA 7 THE BOULDERS 6359 475.00 00 01531111 09/16/2022 HORIZON PROFESSIONAL LANDSCAPE 2874680 4332000 LMA 7 THE BOULDERS 6336 475 .00 00 01531111 09/16/2022 HORIZON PROFESSIONAL LANDSCAPE 2874681 4332000 LMA 7 SUNDANCE WEST 6359 265 .00 00 01531111 09/16/2022 HORIZON PROFESSIONAL LANDSCAPE 2874681 4332000 LMA 7 SUNDANCE WEST 6336 265.00 00 01531111 09/16/2022 HORIZON PROFESSIONAL LANDSCAPE 2874682 433 2000 LMA 7 PETUNIA I 6359 310 .00 00 0153 I 111 09/1 6/2022 HORIZON PROFE SSIONAL LANDS C AP E 2874682 4 332000 LMA 7 PETUNIA I 6336 3 10 .00 00 0153 I 111 09/16/2022 HORIZON PROFESSIONAL LA DSCAPE 2874683 4332000 LMA 7 SUNDANCE EAST 6359 145 .00 00 01531111 09/1 6/2022 HORIZON PROFESSIONAL LANDSCAPE 2874683 4332000 LMA 7 SUNDANCE EAST 6336 145 .00 00 01531111 09/16/2022 HORIZON PROFESSIO AL LANDSCAPE 2874684 4332000 LMA 7 COLLEGE VIEW ESTATES I 6359 270 .00 00 015 3 1111 09/1 6/2022 HORIZON PROFESSIO AL LANDSCAPE 2874684 4332000 LMA 7 COLLEGE VIEW EST A TES I 6336 270 .00 00 0153 I 111 09/16/2022 HORIZON PROFESSIONAL LANDSCAPE 2994374 4332000 LMA 7 PALM DESERT CC 6359 500 .00 00 0 1531111 09 /16/2022 HORIZON PROFESSIONAL LANDSCAPE 2994374 4332000 LMA 7 PALM DESERT CC 6336 500 .00 00 01 531111 09/16/2022 HORIZON PROFESSIONAL LANDSCAPE 4414 195 4332000 LMA 6 -DESERT WILLOW PERIMETE 6365 7,870 .00 00 01531111 09/1 6/2022 HORLZON PROFESSIONAL LA DSCAPE 4414195 4332000 EXTRAS -DESERT WILLOW PERIM ET 6369 323.40 00 0153 I 112 09/16/2022 HORNING, HEATHER 1100000 115010q ICMA 9/16-2 1/22 H.HORNfNG ADV PRDM 9/21 /22 352 .00 00 01531112 09/1 6/2022 HORNING , HEATHER 1100000 1150100 ICMA 9/1 6-2 1/22 H.HORNING ADV MILE9/21 /22 14 .50 00 01531112 09/16/2022 HORNING, HEATHER 1100000 1150100 ICMA 9/1 6-21 /22 Ii .HORNING ADV AIR9 /2!/22 854 .20 00 01531113 09/16/2022 IMAGE SOURCE I !04 190 4342000 Usage and supplies -New 60 mo 25AR 148 I 226 128.20 00 0 1531113 09 /16/2022 IMAGE SOURCE I !04 190 4342000 Usage and supplies -New 60 mo 25AR1481167 1,218.68 00 0 1531114 09/16/2022 IMPERIAL JRR IGA TION DISTRICT I 104250 4351400 S/W COR CC WSH 50 I 55642-AG22 50.12 00 01531114 09/16/2022 IMPERIAL IRRIGATION D ISTRICT 1104250 4351400 S/W COR CC WSH 50 l 55645-AG22 53 .69 00 01531114 09/16/2022 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 40996 WASH STTRF SIGNAL 50524526-AG22 70.50 Report Date 09 /16/2022 Page 8 City & Housing Item 1B-12 City of Palm D esert Check Register 9/16/2022 -9/16/2022 Bank ID Check Number Check Date Vendor Name Account Number Transaction Desc Invoice Amount Paid 00 0 153 1114 09/16/2022 IMPERIAL IRRJGA T ION DISTRI CT 11 04250 4351400 Dinah Shore Dr/Shopper 50087402-AG22 34 .38 00 0 1531114 09/16/2022 IMP ER IAL IRRIGATIO N DISTRICT 1104250 4351400 Dinah Shore Dr/Miriam 5008741 I-AG2 2 21.38 00 01531114 09 /16/2022 IMP ERIAL lRRIGA TION DISTRICT 1104250 4351400 72800 Dinah Shore Drive 50087423-AG22 59.70 00 01531114 09/16/2022 IMP ERIAL IRRIGATION DISTRICT I 104250 4351400 Dinah Shore Dr/Monterrey 50087432-AG22 70.52 00 01531114 09/16/2022 IMP ERIAL IRRIGATION DISTRICT 1104250 4351400 Dinah Shore Dr/Monterey 50087443-AG22 35.19 00 01531114 09/16/2022 IMP ERIAL IRRIGATION DISTRICT 1104250 4351400 Dinah Shore Dr/Miriam 50087452-AG22 62.16 00 01531114 09/16/2022 IMP ERIAL IRRIGATION DISTRICT 11 04250 4351400 37998 Gerald Ford Dr 505 l 4026-AG22 31.09 00 01531114 09/16/2022 IMP ERIAL IRRIGATION DISTRICT I 104250 4351400 37996 Gerald Ford Dr Signal LT 50514028-AG22 58.20 00 0 1531114 09/16/2022 IMP ERIAL IRRIGATION DISTRI CT 11 04250 4351400 75396 Frank Sinatra Dr 50540835-AG22 35.62 00 01531114 09/16/2022 IMP ERIAL IRRIGATION DISTRICT I 104250 4351400 75394 Frank Sinatra Dr St Ligh 50540839-AG22 34 .11 00 01531114 09/16/2022 IMP ERIAL I.RRIGA TION DISTRICT 1104250 4351400 75398 Frank Sinatra Dr 50540840-AG22 46.01 00 01531114 09/16/2022 IMP ERIAL IRRIGATION DISTRICT 1104250 4351400 33108 Mont Safety Lt 50650535-AG22 90.09 00 01531114 09/16/2022 IMP ERIAL IRRIGA TIO DISTRICT 1104614 4351400 34249 Monterey Ave 50488446-AG22 20.14 00 01531115 09/16/2022 JTB SUPPLY COMPA YINC. 1104250 4219000 traffic supplies 110848 1,128 .88 00 0153 I 116 09/16/2022 Kassie Levine I 104154 4312500 New Hire lunch 8/29 /22 44955 199.05 00 01531116 09/16/2022 Kassie Levine 1104154 4312500 Wellness EVENT 9/14/22 TARGET 31010 43.29 00 01531116 09/16 /2022 Kassie Levine 1104154 4312500 Wellness Event 9/14/22 RAFFLE 056232593 179.70 00 01531116 09/16/2022 Kassie Levine 1104154 4312500 Wellness Event 9/14/22 JAMBA 38 160 .00 00 01531117 09/16/2022 SWARTZ, KEVI 1100000 11 50100 APA Conf 10/1-4/22 K.SWARTZ ADV LDG 10/4/222 570 .00 00 01531117 09/16/2022 SWARTZ, KEVIN 1100000 1150100 APA Conf 10/1-4/22 K.SWARTZ ADV PROM I 0/4/22 259.00 00 01531117 09/16/2022 SWARTZ, KEV IN 1100000 1150100 APA Conf 10/1-4/22 K.SWARTZ ADV PARKI0/4/22 116.00 00 01531117 09/16/2022 SWARTZ, KEV! 1100000 1150100 APA Conf 10/1-4/22 K.SWARTZ ADV MILE I 0/4/22 135 .00 00 01531117 09/16/2022 SWARTZ, KEVIN 1104470 4312000 APA Natl Plan. Conf. Regis-KS KGNLG9DFT8Y 675 .00 00 01531118 09/16/2022 KEYSER MARSTON ASSOCIATES INC 11 04 15 9 4309000 Professional Serv ices for Econ 0037131 2,700.00 00 0 1531118 09/16/2022 KEYSER MARSTON ASSOCIATES INC 11 04159 4309000 Professional Services for Econ 0037034 2,565.00 00 01531119 09/16/2022 KOA CORPORATION 2 134 565 5000903 TRAFFIC ENG IN EERfNG SERVICES F JC1209l-5 33,894.00 00 01531119 09/16 /2022 KOA CORPORATION 23 14670 5000202 PRFSNL DES IGN SVC CV LIN PNTRS JC02065-25 7,656 .86 Report Date 09/16/2 022 Page 9 City & Housing Item 1B-13 City of P alm D esert Check Register 9/16/2022 -9/16/2022 Bank ID Check Number Check Date Vendor Name Account Number Transaction Desc Invoice Amount Paid 00 01531119 09/16/2022 KOA CORPORATION 2134327 5000903 AMENDMENT NO. 2 FOR ENGINEERIN JC22036-4 9,548.93 00 01531119 09/16/2022 KOA CORPORATION 2134327 5000903 AMENDMENT NO. 2 FOR ENGTNEERIN JC22036-6 46,189.13 00 01531120 09/16/2022 LAUTZENHISER'S STATIONERY INC 1104470 4211000 OFFICE SUPPLIES-MINUTE PAPER 12885 209.83 00 01531121 09/16/2022 LENNAR HOMES OF CALIFORNIA, INC 1100000 3221100 REFUND FOR REVISION PLANS RESI22-0185 296.28 00 01531122 09/16/2022 LOCK SHOP INC. 1104250 4219000 master locks -Traffic B800552737 126.18 00 01531123 09/16/2022 LOWE'S HOME CENTERS INC. 1104250 4219000 traffic supplies 902983-080122 14.30 00 01531123 09 /16/2022 LOWE'S HOME CENTERS INC . 1104250 4219000 traffic supp lies 902221-080822 46.94 00 01531123 09/16/2022 LOWE'S HOME CENTERS IN C . I 104310 4219000 Street Maint supplies 902408-082622 269 .27 00 01531123 09/16/2022 LOWE'S HOME CENTERS IN C . I 104310 4332000 Street Main! supp lies 902221-082522 116 .63 00 01531123 09/16/2022 LOWE'S HOME CENTERS INC . I 104330 4219000 Corp Yard supplies 902409-082622 14 6.45 00 01531123 09/16/2022 LOWE'S HOME CENTERS TNC . 1104340 4219000 mo sq uito spray -City Hall 902352-082522 141.97 00 01531123 09/16/2022 LOWE'S HOME CENTERS INC. I 104340 4331000 building materials -City Hal 902056-083022 124 .87 00 01531123 09/16/2022 LOWE'S HOME CENTERS INC . I 104 340 4331000 building materials -City Hal 902898 -082922 33.73 00 01531123 09/16/2022 LOWE'S HOME CENTERS IN C. 1104340 4331000 building materials -City Hal 902033-082422 121.30 00 01531123 09/16/2 022 LOWE'S HOME CENTERS INC . 1104611 4219000 thread lock -Parks 902110-08 I 822 15 .1 2 00 01531123 09/16/2022 LOWE'S HOME CENTERS INC. 2304220 4331000 decorative hangers -FS 71 902473 -082622 51.14 00 01531124 09/16/2022 M & M SWEEPING IN C . 1104310 4332000 PARKING LOT SWEEPING -CORPY AR 63931 339.16 00 01531124 09/16/2022 M & M SWEEPING INC. I 104310 4332000 COMMERCIAL AND RESIDENTlAL STR 63802 14 ,374.26 00 01531124 09/16/2022 M & M SWEEPING INC. I 104610 4332100 PARKING LOT SWEEPING -CC PARK 63931 763 .33 00 01531124 09/16/2022 M & M SWEEPING IN C. I 10461 I 4332501 PARKING LOT SWEEPING -PARKS 63931 602 .92 00 01531124 09/16/2 022 M & M SWEEPING INC . 1104 614 4392 101 PARKING LOT SWEEPING -ENTRADA 63931 246 .6 7 00 01531124 09/16/2022 M & M SWEEPING IN C. 2424549 433 1100 PARKING LOT SWEEPING -AQUATIC 63931 139.17 00 01531124 09/16 /2022 M & M SWEEP! G INC. 2824373 4309103 PARKING LOT SWEEP ING -PRESIDE 63931 458.33 00 01531 124 09/16/2022 M & M SWEEPING INC. 5 104195 4369601 PARKING LOT SWEEPING -PARKVlE 63931 187 .92 00 0 1531125 09/16/2022 MAGER, VANESSA 1100000 1150100 Green Room Supplies/Snacks ADV09/07 /22 300.00 00 01531126 09/16/2022 MAXWELL SECURITY SERVICES 1104340 4309000 PROVIDE AFTER-HOURS PHYS ICAL 2208 181 400.00 00 01531127 09/16/2022 MEDIA ALL STARS INC 1104 800 4388000 OA FY 2022-2023 C43480F 8227577-0715 445 .00 Report Date 09/16 /2022 Page 10 City & Housing Item 1B-14 City of Palm D esert Check Register 9/16/2022 -9/16 /2022 Bank ID Check N umber Check Date Vendor Name Account Number Transaction Desc Invoice A mount Paid 00 01531128 09/16/2022 MELLON!, ADELFO 1100000 1150100 APA Conf 10/1-4/22 A.MELLON! ADV LOG 10/4/222 570.00 00 01531128 09/16/2022 MELLON!, ADELFO 1100000 1150100 APA Conf 10/1-4/22 A .MELLON ! ADV PROM I 0/4/22 259.00 00 0153112 8 09 /16/2022 MELLON!, ADELFO 11 00000 1150100 APA Co nf 10/1-4 /22 A .MELLON! ADV PARK.10 /4/22 116 .00 00 01531128 09/16/2022 MELLON!, ADELFO 1100000 1150 100 APA Co nf 10/1-4/22 A .MELLONl ADV MlLEl0/4/22 132 .5 0 00 01531128 09/16/2022 MELLON!, ADELFO 1104470 4312000 APA Natl Plan. Conf. Regis-NM 2DNNMJZ7D9N 675.00 00 01531129 09/16/2022 MUNIMETRIX SYSTEMS CORPORATION 1104190 4336000 Im ageSilo Monthly Fee 2209-1106 39.99 00 01531130 09/16/2022 NORlD IAN MED ICARE JE PART B 2300000 3412400 EMS 1/25 /22 Ref Run 22-48222 7CV6WE9HV71 384.79 00 01531131 09/16/2022 OZZIE'S INTERNATIONAL TIRE & AUTO 1104331 4334000 SUPPLEMENTAL GENERAL FLEET REP 31163 2,273 .9 5 00 01531131 09/16/2022 OZZIE'S INTERNATIONAL TIRE & AUTO l 104331 4334000 SUPPLEMENTAL GENERAL FLEET REP 31235 432.23 00 01531132 09/16/2022 PAINTERS WAREHOUSE OF PALM DESERT 1104310 439 1502 Graffiti supplies 2208-178594 33 .01 00 01531132 09 /16/2022 PAINTERS WAREHOUS E OF PALM DESERT I 1043 IO 4391502 Graffiti supp lies 2208-178838 21.53 00 01531132 09/16/2022 PAINTERS WAREHOUSE OF PALM DESERT 1104 3 10 4391502 Graffiti supplies 2208-17 8872 147 .02 00 01531132 09/1 6/2022 P AlNTERS WAREHOUSE OF PALM DESERT 1104310 43 9 1502 Graffiti supplies 2208-178967 234 .52 00 01531132 09/16/2022 PAINTERS WAREHOUSE OF PALM DESERT 1104310 4391502 Graffiti supplies 2208-178958 244.66 00 01531132 09/16/2022 PAINTERS WAREHOUSE OF PALM DESERT 1104310 4391502 Graffiti supplies 2208-178959 5.58 00 01531132 09 /16/2022 PAINTERS WAREHOUSE OF PALM DESERT I 104310 4391502 Graffiti supplies 2208-178961 86 .33 00 01531132 09/16/2022 PAINTERS WAREHOUSE OF PALM DESERT 1104310 4391502 Graffiti supplies 2209-1790 I 8 147 .98 00 01531133 09/16/2022 PALM DESERT ACE HARDWARE 1104340 4219000 s pray bottl e -City Hall 237470 6.24 00 01531133 09/16/2022 PALM DESERT ACE HARDWARE 1104340 4219000 spray bottles -City Hall 237529 21.05 00 01531133 09/16/2022 PALM DES ERT ACE HARDWARE 1104340 4219000 tools -C ity Hall 237562 116.04 00 01531133 09/16/2022 PALM DESERT ACE HARDWARE 1104340 4331000 building materials -City Hal 237578 27 .55 00 01531133 09/16/2022 PALM DES ERT ACE HARDWARE 1104340 4331000 building materi als -City Hal 237599 55 .10 00 0 1531133 09/16/2022 PALM DESERT ACE HARDWARE I 104610 4219000 water hoses 237602 148 .66 00 01531133 09/16/2022 PALM DESERT ACE HARDWARE 1104610 4219000 irrigation tools 237603 159.38 00 01531134 09 /16/2022 PALMER ELECTRIC 1104610 4332100 ELECT REPAIRS -CIVI C CENTER P 3793 339.33 00 01531134 09/16/2022 PALMER ELECTRIC 1104610 4332100 ELECT REPA IRS -CIVI C CENTER P 3795 2,616.00 00 01531134 09/16/2022 PALMER ELECTRIC 11046 II 4332501 ELECT REPAIRS -PARKS 3773 158.57 Report Date 09 /16/2022 Page 11 City & Housing Item 1B-15 City of Palm D esert Check Register 9/16/2022 -9/16/2022 Bank ID Check N umber Check Date Vendor Name Ac count N umber T rans ac tion Desc Invoice Amount Paid 00 0 1531134 09/16/2022 PALM ER ELECTRIC 1104611 4332501 ELECT REPAIRS -PARKS 3786 2 18.00 00 0 1531134 09/16/2022 PALMER ELECTRlC 11 04614 4332501 ELECT REPAIRS -MEDIANS 3774 1,234 .33 00 0153 I 134 09/16/2022 PALMER ELECTRlC 1104614 4392101 ELECT REPAIRS -ENTRADA DEL PA 3772 465.83 00 01531134 09/16/2022 PALMER ELECTRlC 1104614 4392101 ELECT REPAIRS -ENTRADA DEL PA 3809 1,867 .00 00 01531134 09/16/2022 PALMER ELECTRIC 2424549 4331101 ELECT REPA IRS-AQUATIC CENTER 3761 763.00 00 01531135 09 /16/2022 PARKHOUSE TIRE INC . 1104331 4334000 TIRE REPAIRS AND REPLACEMENT A 2030217049 2,159 .58 00 01531136 09/16/2022 PETE'S ROAD SERVICE INC 1104331 4334000 PERFORM REPAIRS A D SERVICES 610893 95 .00 00 01531137 09/16/2022 PORTOLA PALMS HOMEOWNERS ASS1 8734195 4337000 PPMHP-HOA Fee Lot 73-9/2022 21-00073 9/22 265.00 00 0 15 31 137 09/16/2022 PORTOLA PALMS HOM EOWNERS ASSN 8734195 4337000 PPMHP-HOA Fee Lot 129-9/2022 21 -00 12 9 9/22 265.00 00 01531138 09 /16/2022 PPG ARCHITECTURAL FTNISHES 1104310 4332000 Street Maint supplies 972203101343 215 .44 00 01531139 09/16/2022 PREMIER SECURITY IN C. 1104 800 4388500 alarm services -Artist Cente r R20033 566.00 00 0 1531140 09 /16/2022 PRIMECARE MEDICAL NETWORK INC 2300000 3412400 EMS 11/16/20 Ref Run 20-54458 31081198301 329.35 00 01531140 09/16/2022 PRIMECARE MEDICAL NETWORK INC 2300000 3412400 EMS 6/14/2 1 Ref Run 2 1-300041 84233810 1 291.75 00 01531141 09/16/2022 PRO-CRAFT CONSTRUCTIO N INC 1104611 4331000 PLUMBING SRV -PARKS 21120 -077 147 .00 00 01531141 09/16/2022 PRO-CRAFT CO STRUCTIO INC 110461 I 4331000 PLUMBING SRV-PARKS 21120-078 642.40 00 0 1531141 09/16/2022 PRO-CRAFT CONSTRUCTION INC 11 04611 4331000 PLUMBING SRV -PARKS 21120-079 568.36 00 01531142 09 /16/2022 PROFORMA SOCAL 11 04 154 4219000 Bu siness Cards BH49002927A 189.22 00 01531142 09 /16/2022 PROFORMA SOCAL I 104154 4219000 Business Cards BH49002942A 32.57 00 01531142 09/16/2022 PROFORMA SOCAL 1104154 4219000 Business Cards BH49002962A 31.31 00 0 153 11 43 09/16/2022 RIV ERSIDE COUNTY CLERK/RECORDER 1104422 4309000 Release of Lien 6/16/22 22-2305 16 20.00 00 01531143 09/16/2022 RIVERSIDE COUNTY CLERK/RECORDER 1104422 4309000 Release of Lien 6/21 /22 22-235257 40 .00 00 0 1531143 09/16/2022 RlV ERS IDE COUNTY CLERK/RECORDER 11 04422 4309000 Release of Lien 6/30/22 22-248407 20.00 00 01531143 09/16/2022 RlVERSIDE COUNTY CLERK/RECORDER I 104422 4309000 Release of Lien 22-260059 22-260059 20.00 00 0 1531143 09 /16/2022 RIVERSIDE COUNTY CLERK/RECORDER 8734699 4400100 PDHA-42162 VERDIN LANE 22-252396 100.00 00 0 1531144 09/16/2022 RIVERSIDE COUNTY SHERIFF-PSEC I 1042 1 I 4306001 FY 22/23 Citizens on Patrol ra PE0000000463 263.07 00 01531144 09/16/2022 RlV ERS ID E COUNTY SHERIFF-PSEC 22942 10 4391400 FY 22/23 PD Police radio ope ra PE0000000464 1,398 .06 00 0 1531145 09/16/2022 Rosa Maria Lua 11 00000 1150100 APA Conf 10/1-4/22 R.LUA ADV LDG 10/4/222 760.00 Report Date 09/16 /2022 Page 12 C\ty & Housing Item 1B-16 C ity of Palm D esert C heck Register 9/16/2 022 -9/16 /2022 B a nk ID Chec k N umb er C heck Date Vendor Na me Accoun t N umb er T ransaction Des c In voice A moun t P ai d 00 0 1531 145 09/16/2022 Rosa Maria Lua 11 00000 1150100 APA Con f 10/1-4/22 R.LUA ADV PRDMI0/4/22 333.00 00 0 1531145 09/16/2022 Rosa Maria Lua 11 00000 1150 100 APA Conf 10/1-4/22 R.LUA ADV PARK I 0/4/22 145.00 00 0 1531145 09/16/2022 Rosa Maria Lua 1100000 1150100 APA Conf 10/1-4/22 R .LUA ADV MILEI0/4/22 135.00 00 0 1531145 09/16/2022 Rosa Maria Lua 1104470 4312000 APA Natl Plan . Conf. Regis-RL L4N93QB8DGT 675.00 0 0 0 153 1146 09/16/2022 SAME DAY EXPRESS 4364650 4337200 Maintenance of the C ity's perm 090122 4,600.00 00 01531 147 09/16/2022 SCOTT MORRISON & ASSOCIATES 1104300 430 1000 asbestos test -ORD Bldg 82622 900.00 00 01531148 09/16/2022 SIERRAS, M ICHAEL ANTHO y 11044 16 430610 1 We Belong/concert Series 3 DEPOS IT 500 .00 00 0 1531 149 09/16/2022 SIERRAS, M ICHAEL ANTHO y 11 044 16 4306 10 1 We Belong/Concert Series 3 FINAL 1,900 .00 00 0 1531150 09/16/2022 SIMPLOT PARTNERS 11046 14 433700 1 irrigatio n sup pli es -Med ians 208137013 14.64 00 01531150 09/1 6/2022 SIMPLOT PARTNERS 44 14 195 4332000 irrigation repairs -OW 2081370 12 501.99 00 01531151 09/1 6/2022 S INATRA & COOK PROJECT LLC 4254430 4345000 iHUB Renta l -FY 22/23 O CT22 MNTH320CT2022 16 ,620 .62 00 0 1531152 09/16/2022 S ITEO E LANDSCAPE SUP PLY LLC 11 046 11 4332001 irrigation supp lies -Freedom 122787812-001 26 .31 00 0 1531153 09 /16/2022 SO CAL GAS 1104330 435 1200 74605 42nd Ave SHOP 05382896149-SP22 29 .56 00 01531153 09/16/2022 SO CAL GAS 11 04340 4351200 73510 FW City Ha ll 2009271000 I -AG22 33.91 00 01531153 09/16/2022 SO CAL GAS 8734699 4400100 PDHA-42162 VERDIN LANE 12 I 82805700AG22 10.42 00 0 1531154 09 /16/2022 SOURCE GRAPHICS 1104190 4212000 Engi nee ring Bond 119152 95.90 00 0 1531155 09/16/2022 SOUTHERN CALIFORN IA ED ISON 11 04250 4351400 PD Srv Area 19 LS-1-E 700400365524AG22 3,082 .32 00 0 1531155 09/16/2022 SOUTHERN CALIFORN IA EDISON 11 04250 4351400 Traffic lamps LS-2 700524045271 AG22 288 .75 00 01531155 09/16/2022 SOUTHERN CALIFOR IA EDISON 11 04340 4351400 43980 I /2 San Pablo Rd 70033928 I 893AG22 2,604.47 00 0 153 11 55 09/16/2022 SOUTHERN CALIFORN IA EDI SON 11 04340 4351400 73510 FW City Hall 700116008610AG22 19,864.05 00 0 153 11 55 09/16/2022 SOUTHERN CALIFORN IA EDISON 11 04344 4351400 45480 Porto la CC 7004 I 8878578AG22 2,54 1.65 00 01531155 09/16/2022 SOUTHERN CALIFORN IA EDISON I 104610 4351400 73710 FW Pumpstation 700169234934AG22 9 ,478.83 00 0 1531155 09/16/2022 SOUTHERN CALIFOR IA EDISON I 1046 1 I 4351400 73510 FW PARKS 70053081 I 124AG22 1,349.03 00 0 1531 155 09/16/2022 SOUTHERN CALIFORNIA EDI SON 11 046 14 4351400 Street Power PEDESTALS 7000190 I 9320AG22 3,332.30 00 0 153 1155 09/16/2022 SOUTHERN CALIFORNIA EDI SON 2424549 4351400 73751 Magnesia Falls Dr POOL 7000 I 92 I 9986AG22 11,498.86 00 0 1531 155 09/16/2022 SOUTHERN CALIFORNIA ED ISON 2734680 4351000 (3) Desert Mirage 7000 I 7585033AG22 22.08 00 0 153 11 55 09/16/2022 SOUTHERN CALIFORN IA EDISON 2734682 4351000 (4) Primrose 7000 I 7585033AG22 18 .68 Report Date 09 /1 6/2 022 Page 13 Citv & Housing Item 1B-17 C ity of P a lm D esert Check Register 9/16/2022 -9/16/2022 Bank ID Ch eck N umb er Check Date Vendor N am e A ccount N umber T ran saction Desc Invoic e Amount Paid 00 0 1531155 09/16/2022 SOUTHERN CALIFORN IA ED ISON 2754680 435 1000 (2 1) Monte rey Meadows 700017585033AG22 18.45 00 01531155 09/16/2022 SOUTHERN CALIFORNIA EDISON 2754680 4351400 MONTEREY /MEAD . ASSMT 700413950271 AG22 4,307.68 00 01531155 09/16/2022 SOUTHERN CALIFORNIA EDISON 2754681 4351000 (20) The Glen 7000 l 7585033AG22 18 .88 00 01531155 09/16/2022 SOUTHERN CALIFORN IA ED ISON 2754682 4351000 (18) Hovley Estates 700017585033AG22 40 .05 00 01531155 09/16/2022 SOUTHERN CALIFORNIA ED ISON 2754683 4351000 (19) Sonata I 7000 l 7585033AG22 19 .66 00 0 1531155 09/16/2022 SOUTHERN CALIFORNIA EDISON 2754684 4351000 (5) Sonata IT 700017585033AG22 19 .87 00 01531155 09/16/2022 SOUTHERN CALIFOR.i'IIA EDISON 2754685 4351000 (7) Hovley Collection 7000 I 7585033AG22 37.76 00 01531155 09/16/2022 SOUTHERN CALIFORNIA EDISON 2754686 4351000 (8) La Paloma I 7000 I 7585033AG22 4 8.72 00 0 1531155 09/16/2022 SOUTHERN CALIFORN IA EDISON 2754687 4351000 (10) La Pa loma [I 7000 I 7585033AG22 18.88 00 01531155 09/16/2022 SOUTH ERN CALIFORNIA EDISON 2754693 4351000 (14) La Pal o ma Ill 7000 17585033AG22 18 .88 00 01531155 09/16/2022 SOUTH ERN CALIFORNIA EDISON 2754694 4351000 ( I I) Sandpiper 7000 17 585033AG22 37 .76 00 01531155 09/16/2022 SOUTH ERN CALIFORN IA EDISON 2754695 4351000 (12) Sandpiper West 70001758 5033 AG22 37 .76 00 01531155 09/16/2022 SOUTHERN CALIFORNIA EDISON 2754696 4351000 (13) Hovley West 7000 l 7585033AG22 18.47 00 0 1531155 09/16/2022 SOUTHERN CALIFORNIA ED ISON 2764374 4351000 (I) Canyon Cove 7000 l 7585033AG22 43.22 00 01531155 09/16/2022 SOUTHERN CALIFORNIA EDISON 2774373 4351400 (22) Presidents Pl aza E/W 700017585033AG 22 300 .59 00 01531155 09/16/2022 SOUTHERN CALIFORNIA EDISON 2784374 4351000 (2) Vineyards 700017585033AG22 18 .67 00 01531155 09/16/2022 SOUTHERN CALIFORNIA ED ISON 2814374 4351000 (6) The Grove 700017585033AG22 28 .8 8 00 01531155 09/16/2022 SOUTHERN CALIFORNIA ED ISON 2824373 4351400 ( 15) Pre sidents Pl aza Ill 700017585033AG22 667 .21 00 01531155 09/16/2022 SOUTHERN CALIFORNIA ED ISON 2824373 4351400 (23) Presidents Plaza Ill 7000 l 7585033AG22 46.50 00 01531155 09/16/2022 SOUTHERN CALIFORN IA EDISON 2834374 4351000 (17) Portola Place 7000 I 7585033AG22 18 .88 00 0 1531155 09/16/2022 SOUTH ERN CALIFORNIA EDISON 2854374 4351000 (9) K& Bat PD 70 00 I 7585033AG22 20 .31 00 0 1531155 09/16/2022 SOUTHERN CALIFORNIA ED ISON 2994374 435 1000 (16) Palm Desert CC 7000 l 7585033AG22 23 .34 00 01531155 09/16/2022 SOUTHERN CALIFORNIA EDISON 4254430 4395000 iHUB (8/4 -9/1) 700423 l 02627 AG22 3,76 3.55 00 0 1531155 09/16/2022 SOUTHERN CALIFORNIA EDISON 5 104 195 435 1400 73710 FW Dr Ste 11 6 700339417188AG22 359.6 1 00 01531155 09/16/2022 SOUTHERN CALIFORNIA EDISON 5 104 195 4351400 73720 FW STE I00A 700066496069AG22 3,235.50 00 0153115 5 09/16/2022 SOUTH ERN CALIFORNIA EDISON 5 104 195 4369800 72559 Hwy 111 Unit A 700044643888AG22 2 ,479.07 00 0 1531156 09/16/2022 SOUTHWEST AQUATICS I 104610 433200 1 EXTRA WORK -C IVIC CENTER PARK 08-19552 10 ,950.00 Re port Date 09/16/2022 Page 14 City & Housing Item 1B-18 City of Palm D esert Check Register 9/16/2022 -9/16/2022 Bank ID Check Number Check Date Vendor Name Account Number Transaction Desc Invoice Amount Paid 00 0 153 11 57 09/16/2022 SUPERCO SPEClAL TY PRODUCTS 11 04340 42 19000 j an ito ri al supplie s -City Hal PS l460696 257.09 00 0 15 3 11 58 09/1 6/2022 T AMECA WIL LI AMS 11 00000 1150100 CALBO 10/10-11/22 T.WILLIAMS A DV PRD MI0/11 /22 96 .00 00 0 1531159 09/16/2022 TOPS BARRICADES INC . I 104310 4332000 SUPPLY AS NEEDED FOR VARIOUS S 1095723 10 8.64 00 01531159 09/16/2022 TOPS N BARRICADES INC . 1104310 4332000 SUPPLY AS NEEDED FOR VARIOUS S [095778 6 18.24 00 0 15311 60 09/16/2022 TPX COMMUNICATIONS I 104 190 4365000 In ternet/Phone Services I 6057988 1-0 5,236 .56 00 0 1531161 09/16/2022 TRUPIANO, RICHARD 11 04 154 4305600 Live Scan AJ426 95 .00 00 0 1531162 09/16/2022 UN I FIRST CORPORAT ION I 104310 4214000 IND USTRlAL UN IFORM RENTAL AND 325 1828497 156.22 00 01531162 09/16/2022 UNlFlRST CORPORA TIO 11 04310 4214000 INDUSTRIAL UN IFORM RENT AL AND 3251831067 156 .22 00 0 1531162 09/16/2022 UNIF IRST CORPORATION 1104310 4214000 IN DUSTRlAL UN IFORM RENTAL AND 325 1833662 156.72 00 01531162 09/16/2022 UN IF!RST CORPORA T IO 1104310 4214000 INDUSTRIAL UNIFORM RENTAL AND 3251836237 497 .16 00 0 1531162 09/16/2022 UN IFIRST CORPORATIO N I 1043 10 4214000 INDUSTRIAL UNIFORM RENTAL AND 32 5183 8833 3[6.53 00 01531163 09/16/2022 UNITED RENTALS I 104310 4343000 RENTAL OF WATER, DUMP AND OTHE 209615927-001 1,086.46 00 0 [5311 64 09/[6/2022 US BANK 1104159 4363000 ADMIN FEE CITY 5/22-6 /22 [3378606 583 .33 00 01531164 09/16/2022 US BANK 1104159 4363000 ADMIN FEE CITY 7/22 13378606 29 1.67 00 01531164 09/16/2022 US BANK 45 14 195 4363000 ADMIN FEE PA #I 5/22-6/22 13378606 96 .67 00 01531164 09/16/2022 US BANK 45 141 95 4363000 ADMIN FEE PA #2 5/22/622 13378606 83 .33 00 01531164 09/16/2022 US BAN K 45 14 195 4363000 ADMIN FEE PA #3 5/22-6 /22 13378606 96.67 00 01531164 09/16/2 022 US BANK 45 14 195 4363000 ADMIN FEE PA #4 5/22 -6/2 2 13378606 83 .33 00 01531164 09/16/2022 US BANK 45 14 195 4363000 ADMIN FEE PA #I 7/22 13378606 48.33 00 0 1531164 09/16/2022 US BA NK 45 14 195 4363000 ADMIN FEE PA #2 7/22 13378606 41.67 00 0 1531164 09/16/2022 US BANK 4514 195 4363000 ADMIN FEE PA #3 7/22 13378606 48 .33 00 01531164 09/16/2022 US BANK 45 141 95 4363000 ADMIN FEE PA #4 7/22 13378606 41.67 00 01531164 09/16/2022 USBANK 8734 195 4363000 ADMIN FEE HAF 5/22-6/22 13378606 83.33 00 01531164 09/16 /2022 USBANK 873 4195 4363000 ADMIN FEE HAF 7/22 13378606 41.67 00 01531165 09/1 6/2022 US BANK 3 154 350 4309000 FY22/23 Admin Fees-Sec 29 6644187 2 ,200.00 00 0 153 11 65 09/16/2022 US BANK 3534394 4309000 FY22/23 Admin Fees-2005-1 6605975 3,050.00 00 015 3 11 65 09/16/2022 US BANK 3544394 4309000 FY22/23 Admin Fees-2021-1 660554 2 2,750.00 Report Date 09 /16/2022 Page 15 City & Housing Item 1B-19 City of Palm D esert Check Register 9/16/2022 - 9/16/2022 Ba nk ID C hec k N umb e r C heck Date Ve ndor Na me Account umb er T ransa ctio n D esc Invo ice A mo un t Pai d 00 0 1531 166 09/16/2022 VECTORUSA 11 04 190 436200 1 Oc ulari s Enterprise 93544 606 .6 1 00 0 1531166 09/16 /2022 VECTO R USA 11 00000 1430 100 Aruba Centra AO July-Aug2023 93856 99 8.97 00 0 153 1166 09/16/2022 VECTORUSA 11 04 190 4362001 Aruba Centra AO 1 YR 9 3856 4 ,994 .87 00 0 153 11 67 09/16/2022 VEGA,ERIK 11 04300 439 1500 SAFETY FOOTWEAR RElMB-EV BOOTREIMB -EV0822 I 19 .61 00 01 531 168 09/16/2022 VE RI ZON W IRELESS 11 04 11 0 4365000 City Counci l Mifi 9914533553 38 .07 00 0 1531168 09/1 6/2022 VERI ZON W IRELESS 11 04 150 4365000 F in ance Mifi 9914533553 38 .0 1 00 0 1531168 09/16/2022 VERIZON W IRELESS 11 04 190 4365000 IT M ifi 9914533553 228 .06 00 0 1531168 09/16/2022 VERIZON W IRELESS 11 04300 4365000 Public Works Mifi 99145335 53 I 19 .03 00 0 153 11 68 09/16 /2022 VERIZON W IRELESS I 104420 4365 000 Build ing In s pecto r Mifi 9914533553 223.5 1 00 015 3 1168 09/1 6/2022 V ERIZON WIRELESS I 104422 4365000 Code Mifi 9914533 55 3 612.54 00 0 153 11 68 09/1 6/2022 V ERIZON WIRELESS 11 04470 4365000 Dev Servi ces Mifi 9914 533 553 3 8.0 1 00 0 1531 169 09/1 6/2022 VINT AG E AS SOC IA TES 11 0461 1 433200 1 EXTRAS -PA RK S 225933 4 ,3 40.00 00 0 1531169 09/16/2022 VINT AG E AS SOCIA TES 11 04611 4332001 EXTRAS -MAG ESlA FALLS PARK 2257 88 932 .98 00 0 15 3 11 70 09/1 6/2022 WATERLINE TECHNOLOG IES INC 2424549 42 111 00 C HEMICAL ACQU ISITI ON SERVICES 55 94682 1,32 1.55 00 0 1531170 09/1 6/2022 WATERLINE TECHNOLOGIES INC 2424549 4211100 CHEMICAL ACQUISITIO SERVICES 5595476 45 7.38 00 0 1531170 09/16/2022 WATERLINE TECHNOLOGIES INC 2424549 4211100 CHEMICAL ACQUISITIO SERVICES 55955 82 1,720 .2 8 00 0 153 11 70 09/16/2022 WATERU NE TECHNOLOGIES INC 2424549 42 11 100 C HEM ICA L ACQUIS ITION SERVI CES 5596239 961.13 00 01531170 09 /16/202 2 WATERLIN E T ECHNOLOGI ES IN C 2424549 42 111 00 C HEM ICAL ACQUIS IT ION S ERV ICES 559745 8 1,201.41 00 0 153 1170 09/16/20 22 WAT ERLIN E TECHNOLOG IES INC 2424549 42 111 00 C HEM ICAL ACQU IS IT ION SERV ICES 559 8470 2,139.4 8 00 0 153 1170 09/16/2022 WATERLINE T ECHNOLOGIES INC 2424549 4211 100 CH EM ICAL ACQU ISITION SERVICES 5599008 841.32 00 0 1531 170 09/1 6/2022 WATERLINE TEC HNOLOGIES INC 2424549 42 11100 C H EM ICAL ACQU ISIT ION SERV ICES 5599662 961.13 00 0 153 11 70 09/16/2022 WATERLINE TECHNOLOGIES INC 2424549 4211 100 C H EMICAL ACQ UISITI ON SERVI CES 5599995 480 .57 00 0 15 3 11 70 09/16/2022 WATERLINE TECHNO LOG IES INC 2424549 4211100 CH EM ICAL ACQU ISITI ON SERV ICES 559 7440 913 .07 00 01 53 11 70 09/16/2022 WATE RL INE T ECHNO LO GIES INC 2424 549 42 11100 CHEMICAL ACQUIS ITION SERV ICES 5598692 600 .7 1 00 0 153 11 7 1 09/16/2022 WAX IE I 104330 42 19000 Janitorial sup pli es -Corp Yar 8 11 4694 7 690 .9 1 00 0 153 11 72 09/1 6/202 2 W ITTMAN ENTERPRISES LLC 2304220 4309000 FY 22/23 EMS Billing Services 22 080547 12 ,327.00 00 01 531173 09/16/2022 XPRESS GRAPHI CS I 1044 17 436 1000 Desert Will ow Broc hure 22-4 8904 224.70 Report Date 09/16/2022 Pag e 16 City & Housing Item 1B-20 Bank ID Check Number Check Date Vendor Name Report Date 09/16/2022 City of Palm Desert Check Register 9/16/2022 -9/16/2022 Account Number Transaction Desc Invoice Page 17 Citv & Housing Amount Paid Total For Bank ID -00 1,376,283.21 Item 1B-21 [This page has intentionally been left blank.] To : From : Date : Subject: CITY OF PALM DESERT CITY CLERK DEPARTMENT INTEROFFICE MEMORANDUM BUILDING AND SAFETY DIVISION , CODE COMPLIANCE DIVISION , AND PLANNING DIVISION NIAMH M . ORTEGA , DEPUTY CITY CLERK Auqust23 , 2022 APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY: CCRC Social Club, LLC -Segovia of Palm Desert ; 39905 Via Scena Palm Dese rt, CA 92260 A copy of the subject ABC License Appl ication is attached for your rev iew and recommendation to the C ity 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 Tuesday, August 30 , 2022. Responding Department: Building and Safety Date: August 31, 2022 Response: [Z] No comment -okay to present to City Counc i l. D Refer to -related comments (attach additional sheets, if necessary): ______________ _ D Other -Additional comments (attach additional sheets , if necessary): Item 1C-1 To: From : Date: Subject: CITY OF PALM DESERT CITY CLERK DEPARTMENT INTEROFFICE MEMORANDUM BUILDING AND SAFETY DIVISION , CODE COMPLIANCE DIVISION , AND PLANNING DIVISION NIAMH M. ORTEGA , DEPUTY CITY CLERK AuQust23,2022 APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY: CCRC Social Club, LLC -Segovia of Palm Desert; 39905 Via Scena Palm Desert, CA 92260 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 Tuesday, August 30, 2022. Responding Department: Planning Division Response: [{] No comment -okay to present to City Council. D Refer to Date: September 16, 2022 -related comments (attach additional sheets, if necessary): _____________ _ D Other -Additional comments (attach additional sheets, if necessary): Item 1C-2 Department of Alcoholic Beverage Control State of California APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) ABC 211 (6199) TO: Department of Alcoholic Beverage Control 34-160 GATEWAY DR. STE 120 File Number: 640379 Receipt Number: 2741879 Geographical Code: 3318 PALM DESERT, CA 92211 (760) 324-2027 Copies Mailed Date: August 15, 2022 Issued Date: DISTRICT SERVING LOCATION: PALM DESERT First Owner: Name of Business: Location of Business: County: Is Premises inside city limits? Mailing Address:(lf different from CCRC SOCIAL CLUB LLC SEGOVIA OF PALM DESERT 39905 VIA SCENA PALM DESERT, CA 92260-1822 RIVERSIDE Yes 4S00DORRST TOLEDO, OH 43615-4040 Census Tract: 0449.19 --...... ...... »-a 00 -0 X (,,.) .. a\ premises address) Type oflicense(s): 57 Dropping Partner: Yes_ No X Transferor's license/name: 4807S4 / CARDINAL POINT SOCIAL CLUB LLC License Type 51 -Special On-Sale Oenenl License Type Application Fee Application Fee Application Fee 51 -Special On-Sale General Transa~tiQn T~ PER Transaction DescriQtion PERSON TO PERSON TRF STATE FINGERPRINTS FEDERAL FINGERPRINTS ANNUAL FE E Have you ever been convicted of a felony? No Master y Fee Code NA NA NA P40 Sec2ndarv LT And CQunt Ihm Date m 0 08/1 1/22 $1,305.00 2 08/11/22 $78 .00 2 08/11/22 $48.00 0 08/11 /22 $1,290.00 Total $2,721.00 Have you ever violated any provisions of the Alcoholic Beverage Control Act, or regulations of the Department pertaining to the Act? No STATE OF CALIFORNIA Applicant Name(s) CCRC SOCIAL CLUB LLC County of RIVERSIDE Date: August 11, 2022 -(") ,,~ >-< io'° ,...,., O""(') rrt»rr, CJ\:,it-..., ·< ,O(/)rr, :to.o .., o..,, :>n "' Item 1C-3 To : From : Da te : Subject: CITY OF PALM DESERT CITY CLERK DEPARTMENT INTEROFFICE MEMORANDUM BUILDING AND SAFETY DIVISION , CODE COMPLIANCE DIVISION, AND PLANNING DIVISION NIAMH M. ORTEGA, DEPUTY CITY CLERK Auqust23, 2022 APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY: Sottovoce Group Limited Liability Company; 73545 El Paseo Ste 1320 Palm Desert , CA 92260 A copy of the subject ABC License Applicat ion 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 Tuesday, August 30, 2022. Responding Department: Building and Safety Date: August 31, 2022 Response: [Z] No comment -okay to present to City Counci l. D Refer to -related comments (attach additional sheets , if necessary): ______________ _ D Other -Additional comments (attach add it ional sheets , if necessary): Item 1C-4 To : From : Date : Subject: CITY OF PALM DESERT CITY CLERK DEPARTMENT INTEROFFICE MEMORANDUM BUILDING AND SAFETY DIVISION , CODE COMPLIANCE DIVISION , AND PLANNING DIVISION NIAMH M. ORTEGA, DEPUTY CITY CLERK Au~ust23 ,2022 APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY: Sottovoce Group Limited Liability Company; 73545 El Paseo Ste 1320 Palm Desert, CA 92260 A copy of the subject ABC License Application is attached for your rev iew and recommendation to the City Council or to another department(s) for further action . A response is required. Please mark the appropriate response be low and return to my office by Tuesday, August 30, 2022. Responding Department: Planning Division Response : [Z] No comment -okay to present to City Council. D Refer to Date: September 16, 2022 -related comments (attach additional sheets, if necessary): _____________ _ D Other -Additional comments (attach additional sheets , if necessary): Item 1C-5 Department of Alcoholic Beverage Control State of California APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) ABC 211 (6/99) TO:Department of Alcoholic Beverage Control 34-160 GATEWAY DR. STE 120 File Number: 640467 Receipt Number: 2742471 Geographical Code: 3318 PALM DESERT, CA 92211 (760) 324-2027 Copies Mailed Date: August 16, 2022 Issued Date: DISTRICT SERVING LOCATION: PALM DESERT First Owner: SOTTOVOCE GROUP LIMITED LIABILITY COMP ANY Name of Business: Location of Business: County: 73545 EL PASEO STE 1320 PALM DESERT, CA 92260-4332 RIVERSIDE Is Premises inside city limits? Mailing Address:(lf different from Yes Census Tract: 40101 MONTEREY AVE 81-383 premises address) RANCHO MIRAGE, CA 92270-3256 Type of license( s ): 41 Transferor's license/name: License Type Transaction Type 41 • On-Sale Beer And WlllC • Eating P ORI License Type Application Fee Application Fee Application Fee 41 • On-Sale Beer And Wine• Eat Transaction Description ADD PRIMARY LICENSE TYPE STATE FINGERPRINTS FEDERAL FINGERPRINTS ANNUALFEE Have you ever been convicted of a felony? No Master y Fee Code NA NA NA NA Dropping Partner: Yes Secondary LT And Count Ihm Date Fee 0 08/16/22 $945.00 2 08/16/22 $78 .00 2 08/16/22 $48 .00 0 08/16/22 $475.00 Total $1,546.00 Have you ever violated any provisions of the Alcoholic Beverage Control Act, or regulations of the Department pertaining to the Act? No STATE OF CALIFORNIA Applicant Name(s) County of RIVERSIDE SOTTOVOCE GROUP LIMITED LIABILITY COMPANY Date: August 16, 2022 No Item 1C-6 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: September 29, 2022 PREPARED BY: Amy Lawrence, Special Programs Manager REQUEST: APPROVE AMENDMENT NO. 1 AND AMENDMENT NO. 2 TO CONTRACT NO. C39600 FOR THE SOLID WASTE, RECYCLING, AND ORGANICS CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND HF&H CONSULTANTS, LLC RECOMMENDATION: 1.Approve Amendment No. 1 to Contract No. C39600 with HF&H Consultants, LLC to increase compensation by $15,000 for the current three-year contract to a not-to-exceed amount of $338,000. 2. Approve Amendment No. 2 to Contract No. C39600 with HF&H Consultants, LLC to extend the contract for a one-year term effective January 1, 2023, for an amount not to exceed amount of $85,000. 3.Authorize the City Manager to execute said amendments and any other documents necessary to effectuate the contract. BACKGROUND/ANALYSIS: On November 14, 2019, the City Council approved a three-year contract with HF&H Consultants, LLC (HF&H) for $323,000 to provide solid waste, recycling, and organics consulting services. Through this contract, HF&H has provided several services including assisting with the drafting and negotiation of the City’s new franchise agreement with Burrtec, rate and service fee studies, legislative reviews, research on SB 1383 and other solid waste and recycling laws, drafting City ordinances, franchise agreement contract monitoring, and ongoing technical assistance Due to the large amount of work HF&H conducted surrounding the implementation of SB 1383 and the new franchise agreement over the last three years, an additional $15,000 is required to retain consulting services through the end of the initial contract term (December 31, 2022) for continued SB 1383 compliance services. As such, staff is seeking approval of Contract Amendment No. 1 increasing the total not to exceed amount of the original contract from $323,000 to $338,000 to cover the expected consulting costs for the remainder of the year. Additionally, the approved three-year contract includes two (2) one-year extensions. Staff is seeking approval of Contract Amendment No. 2 extending the contract for a period of one (1) year from January 1, 2023, to December 31, 2023, for an amount not to exceed $85,000, which is the new annual amount for franchise agreement monitoring and SB 1383 compliance services. FINANCIAL IMPACT: This expenditure has been budgeted through the Recycle Fund and there will be no impact to the General Fund. Item 1D-1 City of Palm Desert HF&H Consultants, LLC Contract Amendments No. 1 & 2 Page 2 of 2 REVIEWED BY: Department Director: Eric Ceja Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1.Contract Amendment No. 1 2.Contract Amendment No. 2 Item 1D-2 Contract No. C39600 AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND HF&H CONSULTANTS, LLC 1. Parties and Date. This Amendment No. 1 to the Professional Services Agreement is made and entered into as of this 29th day of September 2022, by and between the City of Palm Desert (“City”) and HF&H Consultants, a State of California Limited Liability Company with its principal place of business at 19200 Von Karman Avenue, Suite 360, Irvine, California, 92612. City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.” 2. Recitals. 2.1 Agreement. The City and Consultant have entered into an agreement entitled “Professional Services Agreement” dated November 14, 2019 (“Agreement” or “Contract”) for the purpose of retaining the services of Consultant to provide professional services for the City’s solid waste, recycling, and organics programs. 2.2 Amendment. The City and Consultant desire to amend the Agreement to include additional compensation. 2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section titled “Compensation” which allows for the authorization of Extra Work. 3. Terms. 3.1 Compensation. Section titled “Compensation” of the Agreement is hereby amended in its entirety to read as follows: Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit ‘C’ attached hereto and incorporated herein by reference. The total compensation shall not exceed three thousand and thirty-eight thousand dollars ($338,000.00) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1. 3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1. 3.4 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. Item 1D-3 Contract No. C39600 Page 2 of 3 Revised 11-2-20 BBK 72500.00001\32445060.1 3.5 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] Item 1D-4 Contract No. C39600 Page 3 of 3 Revised 11-2-20 BBK 72500.00001\32445060.1 SIGNATURE PAGE FOR AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND HF&H CONSULTANTS, LLC IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 1 to the Professional Services Agreement as of the day and year first above written. CITY OF PALM DESERT Approved By: L. Todd Hileman, City Manager Attested By: __ Anthony J. Mejia, City Clerk Approved As To Form: ________________________________ Best Best & Krieger LLP City Attorney HF&H CONSULTANTS, LLC Approved By: Laith Ezzet, Senior Vice President QC: _________ Review Insurance: _________ __________ Initial Review Final Review Item 1D-5 Contract No. C39600 AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND HF&H CONSULTANTS, LLC 1.Parties and Date. This Amendment No. 2 to the Professional Services Agreement is made and entered into as of this 29th day of September 2022, by and between the City of Palm Desert (“City”) and HF&H Consultants, a State of California Limited Liability Company with its principal place of business at 19200 Von Karman Avenue, Suite 360, Irvine, California, 92612. City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.” 2. Recitals. 2.1 Agreement. The City and Consultant have entered into an agreement entitled “Professional Services Agreement” dated November 14, 2019 (“Agreement” or “Contract”) for the purpose of retaining the services of Consultant to provide professional services for the City’s solid waste, recycling, and organics programs. 2.2 Amendment. The City and Consultant desire to amend the Agreement to extend the term and set compensation for the extended term. 2.3 Amendment Authority. This Amendment No. 2 is authorized pursuant to Section titled “Term”. 3. Terms. 3.1 Term. Section titled “Term” of the Agreement is hereby amended in its entirety to read as follows: The Parties agree that the term (“Term”) of this Agreement shall be extended for one (1) year, from January 1, 2023 to December 31, 2023 unless earlier terminated as provided herein. Following the extended term of this Agreement, the City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than one (1) addition one-year term. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.1 Compensation. Section titled “Compensation” of the Agreement is hereby amended in its entirety to read as follows: “Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Table 1 attached hereto and incorporated herein by reference to this Amendment 2. The total compensation shall not exceed eighty-five thousand dollars ($85,000.00) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.” Item 1D-6 Contract No. C39600 Page 2 of 3 Revised 11-2-20 BBK 72500.00001\32445060.1 3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 2. 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. 2. 3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2. 3.4 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5 Counterparts. This Amendment No. 2 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] Item 1D-7 Contract No. C39600 Page 3 of 3 Revised 11-2-20 BBK 72500.00001\32445060.1 SIGNATURE PAGE FOR AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND HF&H CONSULTANTS, LLC IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 3 to the Professional Services Agreement as of the day and year first above written. CITY OF PALM DESERT Approved By: L. Todd Hileman, City Manager Attested By: __ Anthony J. Mejia, City Clerk Approved As To Form: ________________________________ Best Best & Krieger LLP City Attorney HF&H CONSULTANTS, LLC Approved By: Laith Ezzet, Senior Vice President QC: _________ Review Insurance: _________ __________ Initial Review Final Review Item 1D-8 City of Palm Desert Fee Estimate to Provide Solid Waste Consultant Services for 2023 August 31, 2022 Page 1 HF&H Consultants, LLC PROFESSIONAL FEES Hourly rates for professional and administrative personnel from January 1, 2023, through December 31, 2023, are as follows: Position Rate Senior Vice President $319 Vice President $290 Senior Project Manager $285 Project Manager/Senior Associate $189 - $247 Associate Analyst $156 - $183 Assistant Analyst $124 - $156 Administrative Staff $107 DIRECT EXPENSES Standard charges for common direct expenses are as follows: Automobile Travel Prevailing IRS mileage rate Airfare and Public Transit Actual Cost Item 1D-9 City of Palm Desert Fee Estimate to Provide Solid Waste Consultant Services for 2023 August 31, 2022 Page 2 HF&H Consultants, LLC Table 1: Projected Funds Needed for Calendar Year 2023 Sr. Vice President Project Manager Associate Total Hours 1 Franchise Management Monthly Meetings and Reporting 1.1 Monitor Hauler Reports (Tonnage, Service Levels, HHW, etc.)2 10 24 36 1.2 Monitor Quantity and Quality of Hauler's Public Education - 8 16 24 1.3 Attend Virtual Monthly Meetings with City Staff and Hauler 2 20 24 46 Task 1 Hours 4 38 64 106 2 2 4 6 12 2.2 Provide City with Legislative and Regulatory Updates 2 4 6 12 2.3 Monitor Developments in the Local Solid Waste Industry - 4 6 10 Task 2 Hours 4 12 18 34 3 - 6 8 14 3.2 Review Program Participation - 4 6 10 3.3 Review City's Electronic Annual Report - 6 8 14 3.4 Respond to Questions from CalRecycle - 4 6 10 Task 3 Hours - 20 28 48 4 - 2 6 8 4.2 Review Hauler Records for SB 1383 Compliance 2 8 12 22 4.3 Review Annual SB 1383 Compliance Report - 4 10 14 4.4 Develop Additional SB 1383 Templates - 4 12 16 4.5 Maintain Electronic Implementation Records - 2 12 14 4.6 Other SB 1383 Matters 2 10 10 22 Task 4 Hours 4 30 62 96 5 Rate and Financial Analyses 5.1 Review City Fee Reports 2 10 16 28 2 14 18 34 5.3 Review Hauler's Annual Rate Adjustment Request 4 10 24 38 Task 5 Hours 8 34 58 100 6 Task 6 Hours 2 10 12 24 Total Hours 22 144 242 408 Professional Fees 7,018$ 35,280$ 42,350$ 84,648$ Expenses 352$ Total Fees and Expenses 85,000$ Other Tasks as Assigned 4.1 Develop Public Education and Outreach Materials Related to Edible Food Recovery SB 1383 Assistance January 1, 2023 through December 31, 2023 Task Description Maintenance Activities CalRecycle Liaison Assistance 3.1 Review Proposed Public Education and Outreach Related to SB 1383, MCR, and MORe. 2.1 Track Solid Waste Legislation and Regulations. Advise City as Requested. 5.2 Review Rate Impacts from Recycle Fund Basic Residential Service Offsets Item 1D-10 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: September 29, 2022 PREPARED BY: Amy Lawrence, Special Programs Manager REQUEST: APPROVE THE PURCHASE OF ANZA-BORREGO BY ARTIST CHRISTOPHER PUZIO FROM THE 2021/2022 EL PASEO SCULPTURE EXHIBITION IN THE AMOUNT OF $25,000 RECOMMENDATION: 1.Approve the purchase of Anza-Borrego by artist Christopher Puzio from the 2021/2022 El Paseo Sculpture Exhibition in the amount of $25,000, exclusive of taxes, for inclusion in Palm Desert’s permanent public art collection. 2. Authorize the City Manager to execute subject contract. Funds are available in the FY 2022/2023 budget in Account Number 4364650-4400100. BACKGROUND/ANALYSIS: The City of Palm Desert frequently purchases artwork from its El Paseo Sculpture Exhibitions to add to the beauty of the City and the prestige of its public art collection. This also serves as an incentive to artists to participate in future exhibits. At its August 25, 2022, meeting, the City Council approved the Cultural Arts Committee’s recommendation to purchase Poly Parfait from the Fossils of the Future collection by artist E. Tyler Burton for installation in the Civic Center Park. At the Cultural Arts Committee meeting of July 13, 2022, upon recommendation to purchase the aforementioned sculpture, the Committee expressed interest in also purchasing Anza-Borrego by Christopher Puzio if staff could find a desirable location for install. Staff met with Deputy Director of Public Works Randy Bowman to inquire about the possibility of installing this sculpture at multiple locations including the roundabout located at San Pablo and Magnesia Falls. Due to significant in ground utilities within the roundabout, a large-scale sculpture is not feasible for the location; however, staff inquired if a smaller lower profile art piece like Anza-Borrego would be suitable. After consulting with the City’s contracted licensed traffic engineer, Steven Latino with Michael Baker International (MBI), he indicated that “…the Anza-Borrego Sculpture will not provide any sight distance issues at the San Pablo/Magnesia Falls Roundabout. With that said, relocation would be acceptable as long as the sculpture remains within the 22-foot diameter at the center of the island.” The Anza-Borrego Sculpture would remain within the 22-foot diameter. See full explanation from Mr. Latino attached to this staff report. Additionally, it is the Deputy Director of Public Works’ professional opinion that this sculpture would assist approaching drivers by indicating that there is a roundabout in that location. Item 1E-1 City of Palm Desert Purchase of Anza Borrego by Christopher Puzio Page 2 of 2 If this purchase is approved, staff will work with the City’s Public Works staff and Public Art maintenance contractor to schedule install within the center of the roundabout during the month of October. Strategic Plan: Purchase of Christopher Puzio’s sculpture for addition to Palm Desert’s permanent public art collection is in line with the Arts & Culture Mini-Vision contained in the Strategic Plan, which states: “Arts and culture give a community its soul. Palm Desert is the cultural core of the Coachella Valley. Cultural tourism drives economic growth in Palm Desert. The community is host to internationally recognized cultural events that bring significant economic benefits to the City. Palm Desert is a leader in arts education, ensuring a well-rounded population that possesses high levels of creativity and critical thinking skills.” Commission Recommendation: At its regular meeting of September 14, 2022, the Cultural Arts Committee recommended the purchase of Anza-Borrego by Christopher Puzio for addition to the City’s permanent public art collection with a vote of 4-2-1, Members Adney, Boren, Hauer, and Wallach in favor, Members Flint and Mitze opposed, and Member Higgens absent. Member Mitze was opposed to the proposal location and Member Flint did not explain her opposition. FINANCIAL IMPACT: If the purchase of Anza-Borrego by Christopher Puzio is approved, the City will be responsible for the $25,000 purchase price (exclusive of taxes). Additional costs associated with this request include pad fabrication, artwork installation, and incidental costs which should not exceed $2,000. Funds for this have been included in the 2022/2023 Public Art budget – Account Number 4364650-4400100. No General Fund monies will be expended. REVIEWED BY: Department Director: Eric Ceja Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1. Contract for sculpture purchase 2. Images of Anza-Borrego by Christopher Puzio 3. Images of proposed sculpture installation location 4. Email from Steven Latino with Michael Baker International (MBI) Item 1E-2 CONTRACT NO. CONTRACT TO PURCHASE ARTWORK This Agreement is made as of September 29, 2022 by and between the City of Palm Desert, a municipal corporation ("CITY"), and Puzio Inc., a corporation located in San Diego, California (“ARTIST”) who agree as follows: RECITALS Section 1. As part of the City’s Art in Public Places program, certain funds are available for the establishment of artworks in public places and for the purchase or commissioning of artworks and; Section 2. History of Work. Anza-Borrego by Christopher Puzio has been and will be displayed on El Paseo as part of the 2021/2022 El Paseo Exhibition from November 2020 through October 2021. The Work was selected for purchase by CITY through review by the Cultural Arts Committee, and is therefore being purchased by CITY. NOW, THEREFORE, the parties mutually agree as follows: Section 1. Price. CITY shall pay ARTIST a firm fixed price of $25,000.00, exclusive of taxes, for the sculpture described as Anza-Borrego (“Work”). It is agreed that City has no obligations regarding commissions or any agreements with galleries or agents with whom ARTIST may have contracted. Section 2. Warranty of Originality. ARTIST warrants that the performance, design, and Work being purchased is original and the product of ARTIST’S own creative efforts and does not infringe the right of any persons. ARTIST also warrants that, unless otherwise stipulated in writing and attached hereto, the Work is original, that it is an edition of one (1), and that ARTIST shall not sell, license, perform, or reproduce a substantially identical copy of the Work without the prior consent of CITY. Section 3. Warranty on Workmanship. ARTIST shall warrant and maintain his/her Work free from all faults or defects arising from material and workmanship for a period of one (1) year after purchase. Section 4. Alteration of Work. Pursuant to the provisions of the California Art Preservation Act, California Civil Code section 987 et seq., CITY agrees that it will not intentionally destroy, damage, alter, modify, or change the Work in any way. If an alteration should occur, either intentionally or unintentionally, then the Work will no longer be represented as the work of the ARTIST without his/her written permission. CITY agrees to reasonably assure that the Work is properly preserved, maintained, and protected. CITY shall, however, have the right to move or relocate the Work or remove it from display without the consent of ARTIST. Section 5. Repair. Insofar as is practical, in the event repair of the Work is required, CITY shall give ARTIST, during his or her lifetime, the opportunity to do that work for a reasonable fee. In the case of disagreement between CITY and ARTIST as to what constitutes a reasonable fee, the fee determined by an independent conservator Item 1E-3 CONTRACT NO. selected by CITY shall be considered a reasonable fee. In the event ARTIST refuses to make the repair for such fee, CITY may proceed to arrange for such repair by a person qualified to accomplish the restoration. When emergency repairs are necessary in order to prevent the loss of or further damage to the Work, such repairs shall be undertaken or arranged by CITY without advance notice to ARTIST, and such repairs shall not be deemed to constitute an artistic alteration. Section 6. Authorship of Work. ARTIST shall retain the right to claim authorship of the Work. CITY shall assure that ARTIST’S name shall be publicly displayed on, at, or near the Work. In the event the Work is substantially damaged or artistically altered in a substantial manner, CITY shall no longer represent the Work to be the Work of ARTIST if ARTIST gives written notice to CITY that it is the position of ARTIST that ARTIST has the right to deny authorship on the grounds stated in this paragraph. In the event CITY disputes the right of ARTIST to deny authorship, the matter shall be submitted to the Arbitration Service of California Lawyers for the Arts which shall determine the issue of whether the Work is substantially damaged or artistically altered in a substantial manner. Such determination shall be binding upon CITY and ARTIST and neither shall have any further recourse or cause of action regarding the matters so determined. Section 7. Indemnification. ARTIST shall assume the defense of, and indemnify and save harmless, the City, its officers, agents, employees and volunteers, and each and every one of them, from and against all actions, damages, costs, liability, claims, losses, and expenses of every type and description to which any or all of them may be subjected, by reason of, or resulting from, directly or indirectly, the performance of this Agreement by ARTIST, whether within or without the scope of this Agreement, whether or not it is caused in part by a party indemnified hereunder. The foregoing shall include, but not be limited to, any attorney fees reasonably incurred by CITY. The obligation to defend and indemnify the CITY shall terminate upon the completion of the one year warranty period. Section 8. Copyright. Upon purchase of ARTIST’S Work, copyright of the Work will be owned jointly by CITY and ARTIST and no further use of the copyright will be made by ARTIST or CITY without the written consent of the other, which consent will not be unreasonably withheld. CITY has the right to reproduce and distribute in printed form and on commercial documents and/or brochures or any other literature of CITY describing or dealing with its real estate holdings, photographs, realistic renderings, videotapes, or films of the Work. Such reproductions and use of the images of the Work for promotional purposes shall not constitute a breach of copyright and no royalty shall be due and payable by CITY to ARTIST for such use. Section 9. Credit to the Artist. Such reproduction and images of the Work which feature the Work as art for publicity, promotion, and educational purposes shall, to the extent reasonably possible and appropriate, give reference to the artist. Reproduction and images of Work in which the purpose of the reproduction or image is predominantly unrelated to the Work shall not require reference to artist. Item 1E-4 CONTRACT NO. Section 10. Artist Reproduction Rights. Pursuant to Section 8, CITY agrees that ARTIST shall have the right to reproduce and distribute in printed form and on non-commercial educational materials and brochures advertising or promoting ARTIST and ARTIST’S career, two-dimensional images such as photos, slides, or realistic renderings, video tapes, or films of the Work as installed. Such reproductions and use of the images of the Work for promotional and educational purposes shall be deemed to not constitute a breach of copyright in any way and no royalty fee shall be due and payable to ARTIST for such use. Such reproduction and images of the Work for publicity, promotion, and educational purposes shall, to the extent reasonably possible and appropriate, give reference to City of Palm Desert. Section 11. Records. CITY agrees to maintain for a reasonable period of time a record of this Agreement and of the location and disposition of the Work. Section 12. Breach of Agreement; Arbitration. (a) In the event ARTIST or CITY believes that the other has failed to faithfully perform this Agreement, the aggrieved party shall notify the other in writing of such failure. Such notice shall specify in detail each and every failure and the reason such failure is a breach of the Agreement. In the event that the parties cannot resolve the dispute, the Arbitration Service of the California Lawyers for the Arts shall determine whether or not there has been a failure to perform this Agreement and such determination shall be final and binding upon both ARTIST and CITY. (b) If any matter is to be submitted to a third party for resolution, all fees, expenses, and costs connected therewith shall be borne jointly and equally by CITY and ARTIST. Each and every obligation under this Agreement to submit any matter to a third party for resolution is conditioned upon the foregoing provision of this paragraph. If any matter is to be submitted to the Arbitration Service of the California Lawyers for the Arts for resolution pursuant to the Agreement, and if, at the time such submission is called for, the Arbitration Service of the California Lawyers for the Arts is not in existence or is not able or willing to provide such resolution service, then the matter shall be submitted for resolution to the American Arbitration Association in accordance with their procedures then in use. Section 13. Artist's Rights; Notification of Change of Address. ARTIST shall notify the CITY of any change of address and failure to do so shall constitute a waiver of ARTIST’S rights pursuant to this Agreement during the time such omission prevails. Any waiver of a right pursuant to this Agreement for failure to maintain ARTIST’S current address so aforesaid may be cured prospectively only by notifying the CITY of ARTIST’S current address. All rights of ARTIST pursuant to this Agreement shall be personal to ARTIST and shall terminate upon either the legal disability or incompetence of ARTIST or upon the death of ARTIST, except as provided ARTIST under the Copyright Laws. No right of ARTIST pursuant to this Agreement may be assigned or transferred in any manner, including without limiting the generality of the foregoing any hypothecation or pledge or any grant of any security interest, except as provided by ARTIST under the Copyright laws. Section 14. Notice. All notices shall be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: Item 1E-5 CONTRACT NO. City: City of Palm Desert Amy Lawrence, Special Programs Manager 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611 Artist: Christopher Puzio 2694 Main Street San Diego, CA 92113 (858) 245-3437 Section 15. Entire Agreement; Amendment. This Agreement is the entire agreement of the parties and supersedes all prior negotiations and agreements whether written or oral. This Agreement may be amended only by written agreement and no purported oral amendment to this Agreement shall be valid. CITY OF PALM DESERT, a municipal corporation: L. Todd Hileman, City Manager Date ATTESTED TO: Anthony J. Mejia, City Clerk ARTIST: Christopher Puzio Date APPROVED AS TO FORM: Robert W. Hargreaves, City Attorney Item 1E-6 CONTRACT NO. Date Item 1E-7 Anza-Borrego Photos Item 1E-8 Anza-Borrego Photos Item 1E-9 San Pablo and Magnesia Falls Roundabout Photos Item 1E-10 San Pablo and Magnesia Falls Roundabout Photos Item 1E-11 From:Latino, Steven To:Randy Bowman Cc:Christopher Alberts; Amy Lawrence Subject:RE: EXTERNAL: FW: Anza Borrego Sculpture Date:Monday, September 12, 2022 11:46:31 AM Attachments:image001.png image007.png image002.png Randy/Amy, As discussed this morning, the relocation of the artwork on El Paseo between Sage Lane and Ocotillo Drive (Anza Borrego Sculpture) to the roundabout at San Pablo Avenue and Magnesia Falls Drive. Based on my review of the information provided, as well as industry approved standards and guidelines, the relocation of the sculpture is acceptable based on the following: The roundabout at San Pablo/Magnesia Falls has the following characteristics: Roughly a 110’ Diameter Inscribed Circle with a 70’ Diameter Central Island (Distance was measured from the as-built plans). Based on the drawing below, this creates a “limited use zone” of approximately 22-feet at the center of the island. The drawing provided is from the City of Ontario’s Traffic and Transportation Design Guidelines, of which I was responsible for this exhibit circa 2008. We reviewed the SSD as dictated by the FHWA to determine adequate sight lines at single lane roundabouts. Ontario adopted this guideline due to the development of the New Model Colony (Ontario Ranch) which has several roundabouts throughout the community like this. This exhibit and assessment allowed for flexibility of aesthetic design. Item 1E-12 Based on the above information, the Anza Borrego Sculpture will not provide any sight distance issues at the San Pablo/Magnesia Falls Roundabout. With that said, relocation would be acceptable as long as the sculpture remains within the 22-foot diameter at the center of the island. Additionally, plans were provided for the artwork pad that has been used by the City of Palm Desert for artwork along El Paseo. It is my understanding that City crews have generally used this design with some minor modifications including the removal of the steel channels and installation of anchor bolts with success. It would be my understanding that this same pad design would be used for this location, and should be adequate for the proposed sculpture (which is an 8-foot sphere that weighs approximately 750lbs). If the City wishes to have a structural analysis completed, Michael Baker could provide one for a cost; however, this should not be needed for such a low risk type installation. Steven Latino, P.E., T.E. | Associate Vice President/Department Manager - Transportation/Public Item 1E-13 Works 75-410 Gerald Ford Drive, Suite 100 | Palm Desert, CA 92211 | [D] 760-776-6145 | [M] 951-252- 4916 steven.latino@mbakerintl.com | www.mbakerintl.com From: Randy Bowman <rbowman@cityofpalmdesert.org> Sent: Thursday, September 8, 2022 2:58 PM To: Latino, Steven <Steven.Latino@mbakerintl.com> Cc: Alberts, Christopher <CALBERTS@mbakerintl.com>; Amy Lawrence <alawrence@cityofpalmdesert.org> Subject: RE: EXTERNAL: FW: Anza Borrego Sculpture Ok! Please send out a Zoom! Randy Bowman Deputy Director of Public Works Ph: 760.346.0611 Direct: 760.776.6493 rbowman@cityofpalmdesert.org From: Latino, Steven <Steven.Latino@mbakerintl.com> Sent: Thursday, September 8, 2022 2:57 PM To: Randy Bowman <rbowman@cityofpalmdesert.org> Cc: Christopher Alberts <CALBERTS@mbakerintl.com>; Amy Lawrence <alawrence@cityofpalmdesert.org> Subject: RE: EXTERNAL: FW: Anza Borrego Sculpture Monday morning works best for me, lets do 8:30am. Steven Latino, P.E., T.E. | Associate Vice President/Department Manager - Transportation/Public Works 75-410 Gerald Ford Drive, Suite 100 | Palm Desert, CA 92211 | [D] 760-776-6145 | [M] 951-252- 4916 steven.latino@mbakerintl.com | www.mbakerintl.com From: Randy Bowman <rbowman@cityofpalmdesert.org> Sent: Thursday, September 8, 2022 2:55 PM Item 1E-14 To: Latino, Steven <Steven.Latino@mbakerintl.com> Cc: Alberts, Christopher <CALBERTS@mbakerintl.com>; Amy Lawrence <alawrence@cityofpalmdesert.org> Subject: RE: EXTERNAL: FW: Anza Borrego Sculpture I can do Monday at 830AM or at 500PM Randy Bowman Deputy Director of Public Works Ph: 760.346.0611 Direct: 760.776.6493 rbowman@cityofpalmdesert.org From: Latino, Steven <Steven.Latino@mbakerintl.com> Sent: Thursday, September 8, 2022 2:48 PM To: Randy Bowman <rbowman@cityofpalmdesert.org> Cc: Christopher Alberts <CALBERTS@mbakerintl.com>; Amy Lawrence <alawrence@cityofpalmdesert.org> Subject: RE: EXTERNAL: FW: Anza Borrego Sculpture Reviewing it as well this week, maybe we can set a call up on Monday just to chat about this one? Steven Latino, P.E., T.E. | Associate Vice President/Department Manager - Transportation/Public Works 75-410 Gerald Ford Drive, Suite 100 | Palm Desert, CA 92211 | [D] 760-776-6145 | [M] 951-252- 4916 steven.latino@mbakerintl.com | www.mbakerintl.com From: Randy Bowman <rbowman@cityofpalmdesert.org> Sent: Friday, September 2, 2022 8:39 AM To: Latino, Steven <Steven.Latino@mbakerintl.com> Cc: Alberts, Christopher <CALBERTS@mbakerintl.com>; Amy Lawrence <alawrence@cityofpalmdesert.org> Subject: EXTERNAL: FW: Anza Borrego Sculpture Part 2 Randy Bowman Deputy Director of Public Works Ph: 760.346.0611 Direct: 760.776.6493 rbowman@cityofpalmdesert.org Item 1E-15 From: Randy Bowman Sent: Friday, September 2, 2022 8:30 AM To: Latino, Steven <steven.latino@mbakerintl.com> Cc: Amy Lawrence <alawrence@cityofpalmdesert.org>; Alberts, Christopher <calberts@mbakerintl.com> Subject: FW: Anza Borrego Sculpture Hi Steve. Attached is information pertaining to a request from Amy if we should consider relocating an existing sculpture from El Paseo over to the roundabout at San Pablo Avenue and Magnesia Falls Drive. She’s provided us with a photo of the sculpture and the City’s standard detail for concrete pads for art sculptures. I’ve attached relevant as-built plan sheets from the San Pablo Phase 2 project. If you want the entire set, let me know. We’re looking for your advice as to whether we should consider moving the art piece to the roundabout. Let us know how much time you’ll need to review. If you need to discuss questions to complete your review, please advise ASAP and we’ll set up a Zoom. Thanks much! Randy Bowman Deputy Director of Public Works Ph: 760.346.0611 Direct: 760.776.6493 rbowman@cityofpalmdesert.org From: Amy Lawrence <alawrence@cityofpalmdesert.org> Sent: Thursday, September 1, 2022 6:17 PM To: Randy Bowman <rbowman@cityofpalmdesert.org> Subject: Anza Borrego Sculpture Hi Randy, Nice chatting with you earlier. As we discussed, I understand we cannot put a large scale sculpture in the Magnesia Falls x San Pablo roundabout; however, I am inquiring if a smaller sculpture from the El Paseo Sculpture Exhibition may fit there. Attached is a photo of the sculpture along with the pad specifications. The aluminum sculpture measures 8’x8’x8’. Please let me know if possible and if so I will get the ball rolling, i.e. CAC and Cc approval, etc. If not, possible, no problem at all. Thanks for your consideration. Amy Lawrence Special Programs Manager Ph: 760.346.0611 Direct: 760.837.1664 alawrence@cityofpalmdesert.org Item 1E-16 www.cityofpalmdesert.org Install the Palm Desert In Touch app to stay in touch with your community Android Apple Mobile Web Item 1E-17 [This page has intentionally been left blank.] Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: September 29, 2022 PREPARED BY: Heather Horning, Assistant to the City Manager REQUEST: APPROVAL OF THE HOMELESSNESS TASKFORCE BYLAWS RECOMMENDATION: Approve the revised Homelessness Taskforce Bylaws BACKGROUND/ANALYSIS: The City Council has been committed to supporting activities to mitigate homelessness locally in Palm Desert and regionally across the Coachella Valley. As such, the City and partnering organizations provide various services and coordinated efforts, and meet every week to discuss trends, specific clients, and resources available. The City Council adopted Resolution No. 2021- 25 on May 27, 2021, establishing a Homelessness Taskforce (Taskforce). On June 10, 2021, the City Council adopted draft bylaws to be further defined by the Taskforce, once established. The draft bylaws were discussed by the Taskforce on February 28, 2022, and May 2, 2022. Based on feedback received from the Taskforce, staff made revisions to the bylaws and the Taskforce voted to recommend the approval of the bylaws on September 12, 2022. A clean version of the bylaws is included as Attachment 1. A redline copy of the proposed revisions to the Taskforce bylaws is included as Attachment 2 to this report. Staff recommends approving the revised Taskforce bylaws. Commission Recommendation: At the September 12, 2022, meeting the Homelessness Taskforce recommend that the City Council approve the revised bylaws for the Homelessness Taskforce. FINANCIAL IMPACT: There is no financial impact with this action. REVIEWED BY: Department Director: N/A City Attorney: N/A Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1.Revised Bylaws (Clean Version) 2.Redline of Draft Bylaws Item 1F-1 ATTACHMENT B City of Palm Desert Homelessness Taskforce Bylaws Article I – Name. Homelessness Taskforce Article II – Purpose. The Homelessness Taskforce shall review various services and coordinated efforts to address homelessness and, when necessary, advise the City Council of the same. Additionally, the Taskforce shall discuss business and community needs and effects due to the impacts of homelessness and seek solutions, where appropriate. Article III – Members. The Homelessness Taskforce shall be composed of seven members and one alternate member. The members include two members of the business community, two community members, one member at large, the Chair of the Public Safety Commission and the Chair of the Housing Commission or their designees appointed annually. Business and community members shall serve four-year terms. Business members may reside outside of Palm Desert, however their businesses must be located in Palm Desert. Two City Councilmembers appointed by the Mayor shall serve a liaisons to the Taskforce. Any member may be removed at any time, with or without cause, by a vote of the City Council. Article IV – Officers. The Homelessness Taskforce elects two officers: the chair and the vice-chair. The chair conducts all meetings. If the chair is absent, then the vice-chair acts as chair. If the chair and vice-chair are absent, then the Homelessness Taskforce appoints a member to act as the provisional chair. Article V – Meetings. Regularly scheduled meetings shall be held bi-monthly (every other month) and scheduled at a time and date approved by appointed members. The Homelessness Taskforce may meet more frequently by majority vote.. A quorum is established if a simple majority of members are present. Article VI – Meeting Notice. Regular meetings are noticed by posting an agenda at least 72 hours before meetings (Cal. Gov't Code section 54954.2(a)). Special meetings are noticed by posting an agenda at least 24 hours (one business day) before meetings (Cal. Gov't Code section 54956). Emergency meetings may be called if dire circumstances threaten public health or safety, as long as one-hour notice is given to media if requested (Cal. Gov't Code section 54956.5). Article VII – Voting. All member motions are approved by majority vote. If there is a tie vote with no abstentions, then the vote is recorded as a tie (no action). A subsequent motion may be offered and acted upon before finalizing the consideration of the item. Article VIII – Subcommittees. The City Council or the City Manager may direct the Homelessness Taskforce to create an ad hoc subcommittee to study an issue. The subcommittee shall report its findings and recommendations to the Homelessness Taskforce. Article IX – Record Keeping. Written records of actions taken or recommendations made by the Homelessness Taskforce shall be kept by an official recording secretary of the City department assigned to act as liaison to the Committee. Article X – Bylaws Amendment. The City Council can amend the Homelessness Taskforce bylaws by majority vote. Item 1F-2 ATTACHMENT A  City of Palm Desert Homelessness Taskforce Bylaws Article I – Name. Homelessness Taskforce Article II – Purpose. The Homelessness Taskforce shall review various services and coordinated efforts to address homelessness and, when necessary, advise the City Council of the same. Additionally, the Taskforce shall discuss business and community needs and effects due to the impacts of homelessness and seek solutions, where appropriate. Article III – Members. The Homelessness Taskforce shall be composed of seven members and one alternate member. The members include , including two City Councilmembers appointed by the Mayor, two members of the business community, two community members, one member at large, the Chair of the Public Safety Commission and the Chair of the Housing Commission or their designees appointed annually. Business and community members shall serve four-year terms. Business members may reside outside of Palm Desert, however their businesses must be located in Palm Desert. One of the community members shall be a representative of the Public Safety Committee. Two City Councilmembers appointed by the Mayor shall serve a liaisons to the Taskforce. Any member may be removed at any time, with or without cause, by a vote of the City Council. Article IV – Officers. The Homelessness Taskforce elects two officers: the chair and the vice-chair. The chair conducts all meetings. If the chair is absent, then the vice-chair acts as chair. If the chair and vice-chair are absent, then the Homelessness Taskforce appoints a member to act as the provisional chair. Article V – Meetings. Regularly scheduled meetings shall be held bi-monthly (every other month) and scheduled at a time and date approved by appointed members. The Homelessness Taskforce may meet more frequently by majority vote. The Homelessness Taskforce meetings are held at Palm Desert City Hall. A quorum is established if a simple majority of members are present. Article VI – Meeting Notice. Regular meetings are noticed by posting an agenda at least 72 hours (three business days) before meetings (Cal. Gov't Code section 54954.2(a)). Special meetings are noticed by posting an agenda at least 24 hours (one business day) before meetings (Cal. Gov't Code section 54956). Emergency meetings may be called if dire circumstances threaten public health or safety, as long as one-hour notice is given to media if requested (Cal. Gov't Code section 54956.5). Article VII – Voting. All member motions are approved by majority vote. If there is a tie vote with no abstentions, then the vote is recorded as a tie (no action). A subsequent motion may be offered and acted upon before finalizing the consideration of the item. Article VIII – Subcommittees. The City Council or the City Manager may direct the Homelessness Taskforce to create an ad hoc subcommittee to study an issue. The subcommittee shall report its findings and recommendations to the Homelessness Taskforce. Article IX – Record Keeping. Written records of actions taken or recommendations made by the Homelessness Taskforce shall be kept by an official recording secretary of the City department assigned to act as liaison to the Committee. Item 1F-3 ATTACHMENT A  Article X – Bylaws Amendment. The City Council can amend the Homelessness Taskforce bylaws by majority vote. Item 1F-4 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: September 29, 2022 PREPARED BY: Clayton von Helf, Information Systems Manager REQUEST: PURCHASE ADDITIONAL DATA STORAGE SERVER NODE RECOMMENDATION: Authorize City Manager to purchase a VxRail Node addition from [RE]Design Group for $85,785.28. BACKGROUND/ANALYSIS: The city is currently using a hyper-converged data solution by Dell called VxRail, which allows all the data center servers to share computer resources. This solution provides for high availability and data redundancy while using less energy and resources. The city’s current data storage is nearing capacity. To keep up with the growth of data storage needs, and keep the redundant capabilities of our system, staff is requesting purchase of a new storage server node. This will also add more computing power to our data center, making it more responsive, as well as fault tolerant. The new node will increase our storage capacity by 15 terabytes and give us 25% more computer processing and memory capacity. The hardware and installation service are using NASPO contract #C000000878001 for pricing, fulfilling the competitive bidding requirement (PDMC 3.30.160.E). FINANCIAL IMPACT: Approval of staff’s request will result in an expense of $85,785.28 from the IT budget. Funds are budgeted and available for this fiscal year. REVIEWED BY: Department Director: N/A Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1.[RE]Design Quote #2007 Item 1G-1 Item 1G-2 Item 1G-3 Item 1G-4 Item 1G-5 Item 1G-6 Item 1G-7 [This page has intentionally been left blank.] Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: September 29, 2022 PREPARED BY: Randy Chavez, Community Services Manager REQUEST: AWARD A CONTRACT TO GREAT WESTERN INSTALLATIONS, INC., OF LOGAN, UTAH FOR THE PARK PLAYGROUND IMPROVEMENTS PROJECT FOR AN AMOUNT NOT TO EXCEED $90,000 PER FISCAL YEAR (PROJECT NO. 941-23) RECOMMENDATION: 1. Award a 57-month Contract to Great Western Installations, Inc., of Logan, Utah, for the Park Playground Improvements Project for an amount not to exceed $90,000 per Fiscal Year. 2.Authorize the City Manager or designee to review and approve written contract amendments and change order requests for unanticipated conditions per Section 3.30.170 of the Palm Desert Municipal Code; and up to three (3) one-year contract extensions based on a Staff recommendation. 3.Authorize the City Manager to execute the agreement. BACKGROUND/ANALYSIS: The Park Playground Improvements Project is designed to address repairs and updates to the decks, slides, stairs, and other large scale playground equipment as necessary to maintain the playground structures in safe conditions per American Society for Testing and Materials (ASTM) 1487 and 1251 standards on an annual basis. This Project also addresses as needed repairs to the surrounding playground furnishings, safety fencing, small-scale repairs, and various playground parts such as swings, safety decals, and other miscellaneous equipment. The City has installed outdoor fitness equipment on San Pablo Avenue and new fitness equipment is scheduled to be installed at the Civic Center Park the first quarter of 2023. This improvement project will ensure all outdoor fitness equipment is serviced and repaired on a consistent basis and included the the Project. Current parks and facilities with playground and outdoor fitness equipment include: •Civic Center Park •Freedom Park •University Park East •Joe Mann Park •Washington Charter School Park •Ironwood Park •Magnesia Falls City Park Item 1H-1 City of Palm Desert Award Contract to Great Western Installation, Inc. Page 2 of 3 • Hovley Soccer Park • Palma Village Park • San Pablo Phase I On July 29, 2022, staff issued a request for proposals (RFP) through the City’s online bid management provider, OpenGov to find a contractor to implement the annual Park Playground Improvement Project. A total of 38 entities downloaded Bid Documents and two vendors attended the Mandatory Pre-Bid meeting. On August 23, 2022, two (2) proposals were received, and a selection committee from the Public Works Department reviewed the proposals and ranked each one based on: • Clarity and Conformance of the proposal • Content of the proposal, including the work plan • Proposer’s experience and performance • Comments by references • Fee Proposal The selection committee ranked the proposals numerically as follows: CONTRACTOR LOCATION RANKING Great Western Installations, Inc. Logan,UT 1 JCI-Safepark, Inc. Laguna Hills, CA 2 After a detailed analysis, staff determined that Great Western Installations, Inc., provided the highest quality of service required to meet or exceed City standards. In addition, Great Western Installation Inc., has satisfactorily completed large-scale work for the City in the past, such as the playground installations at Joe Mann Park and Magnesia Falls Park. Based on the review, staff recommends awarding the Park Improvements Project to Great Western Installations, Inc., for a term of 57 months (October 1, 2022, to June 30, 2027), with an option of three, one-year extensions. Strategic Plan: The recommendation aligns with the Parks & Recreation Priority 1 Goal of the Strategic Plan. This goal recommends making recreation, health, and wellness an integral part of the Palm Desert community. References: Staff contacted the City of La Quinta, a reference provided by Great Western Installations, Inc., and received a favorable response. The City of La Quinta indicated that Great Western Installations, Inc., responds quickly to requests and has developed creative solutions to complex issues. In addition, the City of Palm Desert was also listed as a reference and staff attests the work was performed satisfactorily. Item 1H-2 City of Palm Desert Award Contract to Great Western Installation, Inc. Page 3 of 3 FINANCIAL IMPACT: The 2022/23 approved Five-Year Capital Improvement Program (CIP) Budget included $75,000 per fiscal year in account number 1104618-4400100 for Park Playground Improvements. An additional $15,000 has been budgeted in 2022/23 Maintenance and Operations Budget for minor playground repairs to cover the not to exceed $90,000 per fiscal year. Budgets will be combined in the CIP Budget in future fiscal years. Therefore, there is no additional impact to the General Fund. Funds for this project will only be expended to the extent necessary. REVIEWED BY: Department Director: Martin Alvarez Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1. Agreement 2. Payment & Performance Bonds 3. Contractor’s Proposal Item 1H-3 Revised 11-2-20 BBK 72500.00001\32374943.1 - 1 - CONTRACT NO. _____________ CITY OF PALM DESERT MAINTENANCE SERVICES AGREEMENT PARK PLAYGROUND IMPROVEMENTS 1. PARTIES AND DATE. This Agreement is made and entered into this 29th day of September 2022 by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260- 2578, County of Riverside, State of California (“City”) and Great Western Installations, Inc., a Corporation with its principal place of business at Logan, Utah (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement. 2. RECITALS. 2.1 Contractor. Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing maintenance services to public clients, that it and its subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 2.2 Project. City desires to engage Contractor to render such services for the Park Playground Improvements project (“Project”) as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from October 1, 2022, to June 30, 2027, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than 3 additional one- year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. Item 1H-4 Contract No. __________________ - 2 - 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Any personnel performing the Services under this Agreement on behalf of Contractor shall not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance. 3.2.2 Schedule of Services. Contractor shall perform the Services in a prompt and timely manner in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 3.2.4 City’s Representative. The City hereby designates Randy Chavez, Community Services Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement except for increasing compensation. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee. 3.2.5 Contractor’s Representative. Contractor hereby designates Myles Harvey, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times. 3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained Item 1H-5 Contract No. __________________ - 3 - throughout the term of this Agreement. Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.8 Period of Performance. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. 3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law. 3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. 3.2.10.1 Employment Eligibility; Contractor. Contractor certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Contractor certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. 3.2.10.2 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. Item 1H-6 Contract No. __________________ - 4 - 3.2.10.3 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.4 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement. 3.2.10.5 Water Quality Management and Compliance. To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor to penalties, fines, or additional regulatory requirements. 3.2.11 Insurance. 3.2.11.1 Minimum Requirements. Without limiting Contractor’s indemnification of City, and prior to commencement of the Services, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. (B) Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each Item 1H-7 Contract No. __________________ - 5 - accident. The City’s Risk Manager may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. (C) Umbrella or Excess Liability Insurance. Contractor may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions: (a) A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (b) Pay on behalf of wording as opposed to reimbursement; (c) Concurrency of effective dates with primary policies; and (d) Policies shall “follow form” to the underlying primary policies. (e) Insureds under primary policies shall also be insureds under the umbrella or excess policies. (D) Workers’ Compensation Insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives. (E) Reserved. (F) Reserved. (G) Reserved. 3.2.11.2 Other Provisions and Requirements. (A) Proof of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (B) Duration of Coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or Item 1H-8 Contract No. __________________ - 6 - damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his/her agents, representatives, employees or subconsultants. (C) Primary/Non-Contributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect it as a named insured. (D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor, or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, and shall require similar written express waivers and insurance clauses from each of its subcontractors. (G) Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (I) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation Item 1H-9 Contract No. __________________ - 7 - (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. (K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (M) Pass Through Clause. Contractor agrees to ensure that its sub-consultants, sub-contractors, and any other party involved with the Project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the Project will be submitted to City for review. (N) City’s Right to Revise Specifications. The City or its Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (Q) Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall Item 1H-10 Contract No. __________________ - 8 - exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.13 Bonds. 3.2.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.13.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.13.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient, or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within ten (10) days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause. 3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. Item 1H-11 Contract No. __________________ - 9 - 3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.2.15 Work Sites. 3.2.15.1 Inspection Of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters after commencement of the Services. 3.2.15.2 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract, including any plans, specifications, or scope of work before commencing Services. Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition. 3.2.15.3 Hazardous Materials and Differing Conditions. Should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic wastes, hazardous substances and hazardous materials as defined in California state or federal law at the site which have not been rendered harmless, the Contractor shall immediately stop work at the affected area and shall report the condition to the City in writing. The City shall contract for any services required to directly remove and/or abate PCBs, hazardous substances, other toxic wastes and hazardous materials, and shall not require the Contractor to subcontract for such services. The Services in the affected area shall not thereafter be resumed except by written agreement of the City and Contractor. 3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City. 3.2.17 Warranty. Contractor warrants all Services under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Agreement, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its Item 1H-12 Contract No. __________________ - 10 - sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand. 3.3 Fees and Payments. 3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed Ninety Thousand Dollars ($90,000.00) per Fiscal Year without written approval of the City Council or City Manager, as applicable. 3.3.2 Payment of Compensation. Contractor shall submit to City monthly invoices which provides a detailed description of the Services and hours rendered by Contractor. City shall, within thirty (30) days of receiving such statement, review the statement and pay all non-disputed and approved charges. Contractor shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination of this Agreement and failure by the Contractor to submit a timely invoice shall constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Contractor. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever. 3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums. 3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which Item 1H-13 Contract No. __________________ - 11 - is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative. 3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. 3.3.7 Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor. 3.4 Termination of Agreement. 3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven Item 1H-14 Contract No. __________________ - 12 - (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those Services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. 3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5 General Provisions. 3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Contractor: Great Western Installations, Inc. 975 S. State Hwy 89 Logan, UT 84321 Attn: Myles Harvey, Sales Representative City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 Attn: Randy Chavez, Community Services Manager Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.2 Indemnification. 3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of Item 1H-15 Contract No. __________________ - 13 - the Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses except such Claims caused by the sole or active negligence or willful misconduct of the City. 3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the Contractor, the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives. 3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all Agreement requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. 3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. Item 1H-16 Contract No. __________________ - 14 - 3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to the City include its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement. 3.5.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise. 3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.15 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. Item 1H-17 Contract No. __________________ - 15 - 3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.18 Reserved. [SIGNATURES ON NEXT PAGE] Item 1H-18 Contract No. __________________ Exhibit A - 1 SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND GREAT WESTERN INSTALLATIONS, INC. IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written. CITY OF PALM DESERT By: L. TODD HILEMAN CITY MANGER ATTEST: By: ANTHONY J. MEJIA CITY CLERK APPROVED AS TO FORM: By: Best Best & Krieger LLP City Attorney GREAT WESTERN INSTALLATIONS, INC. A CORPORATION [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary OR Treasurer REQUIRED] By: Its: Printed Name: By: Its: Printed Name: ____________________________________ Contractor’s License Number and Classification ____________________________________ DIR Registration Number (if applicable) QC Insurance: __________ __________ Initial Review Final Approval Item 1H-19 Contract No. __________________ Exhibit A-2 EXHIBIT “A” SCOPE OF SERVICES PARK PLAYGROUND IMPROVEMENT PROJECT 1. SCOPE OF WORK The work to be done consists of furnishing all labor, incidental materials, equipment, necessary tools and machinery, supervision, all utility and transportation services, and incidentals required for the Park Playground Improvement project in accordance with the following specifications. This contract provides for the regular evaluation and repairs of City playgrounds, outdoor fitness equipment, and surfacing to assure optimal compliance, operational, and aesthetic conditions. The City currently has, but not limited to the following equipment: Kompan, Landscape Structures, Game Time, Little Tikes, BCI Burke, Play Craft, and Miracle. Contractor to be knowledgeable with all manufacturers and repair methods. 2. LOCATIONS OF WORK A. Civic Center Park: 73-510 Fred Waring Drive in Palm Desert, California B. Freedom Park: 77-400 Country Club Drive, Palm Desert, California C. Hovley Soccer Park: 74-735 Hovley Lane, Palm Desert, California D. Ironwood Park: 47-800 Chia Drive, Palm Desert, California E. Joe Mann Park: 77-810 California Drive, Palm Desert, California F. Magnesia Falls City Park: 74-200 Rutledge Way, Palm Desert, California G. Palma Village Park: 44-550 San Carlos Avenue, Palm Desert, California H. Robert Spiegel Community Gardens: San Pablo Avenue, Palm Desert, California I. University Park East, 74-902 University Park Drive, Palm Desert, California J. Washington Charter School Park: 45-768 Portola Avenue, Palm Desert, California 3. GENERAL SERVICES TO BE PERFORMED The work shall include, but is not limited to, assessing playground and outdoor fitness equipment, documenting and prioritizing repairs discovered, and performing repairs based on available budget. Contractor to perform work in accordance with all pertinent, current ASTM 1487, 1251, F2223, etc. standards related to the nature of the repairs needed. Contractor shall perform a playground equipment audit if the extent of work is warranted. Contractor shall receive approval from Community Services Manager, or designee prior to commencing any repairs or audits. Services to be performed shall include, but shall not necessarily be limited to, the following: 3.1 Site Inspections and Repairs A. Contractor shall inspect playground and/or outdoor fitness equipment at each of the listed locations and document deficiencies annually. Contractor shall also note type of equipment, manufacturer, age appropriateness, and all other pertinent information needed to accurately inventory the equipment at each location. This information to be submitted to the City within Thirty (30) calendar days of project commencement. Item 1H-20 Contract No. __________________ Exhibit A-3 B. Contractor shall prioritize deficiencies discovered and formulate a repair priority list based on the findings. Repairs to include but not limited to slides, decks, barriers, tunnels, rails, swings, steps, surfacing, etc. C. Contractor shall submit a repair work schedule to address priority items first. Contractor shall research and contact manufacturer for parts and materials needed to perform the repairs. Contractor shall perform all necessary measurements, take pictures, and verify parts with manufacturer to ensure correct replacement parts are identified prior to ordering material. City shall not be responsible for equipment ordered incorrectly. D. All debris and refuse shall be removed and taken to a disposal facility as outlined the Special Provisions. E. When a piece of equipment is taken out of service, contractor to use plywood and other heavy-duty material to ensure the work area is safe and not accessible. F. All vehicles and small equipment needed to perform the tasks will be included in the respective line-item hourly rates and no additional compensation will be allowed. G. Large equipment will be paid at the approved hourly rate as indicated on the Price Sheet. 3.2 Surfacing A. Contractor shall document deficiencies found in the surfacing and prioritize repairs needed. B. Contractor shall perform PIP (Pour in Place) rubber surfacing and other surfacing repairs as needed to provide a safe environment. C. Contractor repairs to match existing surfacing. D. Contractor to install IPEMA Certified Top Fill (virgin playground wood chips) when needed. Material must meet ASTM F1292 & F2075. Sample to be submitted to City for approval prior to installation. Contractor to receive City approval prior to installation. E. When required, Contractor shall perform a HIC (Head Injury Criteria) test to ensure proper surfacing. 3.3 Decals/Posts/Swings A. When work is performed at a specific site, contractor shall check and replace the following missing/defaced items: 1. Manufacturer, Age appropriate, Warning, Hot Surface, and Parent Supervision decals and stickers. 2. Inspect for missing support pins and rivets and replace where needed. B. Contractor to inventory equipment paint color and touch up any worn areas. C. When work is performed at a specific site, Contractor to Inspect for worn swing chains, bushings, seats, and replace if needed. 3.4 Notification Contractor shall notify the Community Services Manager, or his designee, of any conditions noted that require further monitoring, investigation, or remedy for the safe and optimal operation of the playground or outdoor fitness equipment. Item 1H-21 Contract No. __________________ Exhibit A-4 3.5 Reports A. Contractor shall produce and deliver to Community Services Manager, or his designee a report indicating all service activities performed. Contractor shall provide the following information: 1. Location and nature of repair. 2. Materials used. 3. Photos of the repairs made. 4. Other pertinent information, such as warranties or manufacturer recommendations. 4. Payment All work shall be approved in writing on a City-issued extra work form by the Community Services Manager, or his designee, prior to ordering or commencing activities. Contractor’s failure to obtain prior written authorization to order parts or to perform work shall constitute the City’s denial of payment for said work and parts. Upon Contractor’s submission of requests for work and/or parts the City reserves the right to reject quotations on each item, separately or as a whole. State and local taxes as applicable, shipping/handling/freight on board charges, applied discounts, and labor estimates shall be shown separately. All materials will be paid at cost plus an allowable 15% markup. Labor will be paid based on the approved Price Sheet. Receipts are required to be submitted with approved invoice(s). Estimated dates for delivery and installation shall be noted. In addition to the rates listed on the Price Sheet, Contractor shall submit a list of services provided and costs not listed in the Scope of Services or Price Sheets. The City reserves the right to negotiate costs prior to approval of the Agreement. Item 1H-22 Contract No. __________________ Exhibit B - 1 EXHIBIT “B” SCHEDULE OF SERVICES The term of this Agreement shall be from October 1, 2022, to June 30, 2027, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than 3 additional one-year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. Item 1H-23 Contract No. __________________ Exhibit C - 1 EXHIBIT “C” COMPENSATION In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles-Riverside-Orange Counties. The City and Contractor may review the CPI on an annual basis and recommend adjustments to the City Manager or City Council for approval. Any increase shall not exceed the Consumer Price Index. The total compensation shall not exceed Ninety Thousand Dollars ($90,000.00) annually without written approval of the City Council or City Manager, as applicable. Pricing schedule is as follows: Item 1H-24 Contract No. __________________ Exhibit C - 1 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded to Great Western Installations, Inc., (hereinafter referred to as the “Contractor”) an agreement for Park Playground Improvements (hereinafter referred to as the “Project”). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated September 29, 2022, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, Great Western Installations, Inc., the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the annual sum of NINETY THOUSAND DOLLARS, ($90,000.00), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option: (1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or Item 1H-25 Exhibit C - 2 (2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code. [SIGNATURES ON NEXT PAGE] Item 1H-26 Exhibit C - 3 IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20____. (Corporate Seal) Contractor/ Principal By Title (Corporate Seal) Surety By Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________. (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) (Name and Address of Agent or Representative for service of process in California, if different from above) (Telephone number of Surety and Agent or Representative for service of process in California) NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. Item 1H-27 Exhibit C - 4 NOTE: This acknowledgment is to be completed for Contractor/Principal. Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above Item 1H-28 Exhibit C - 5 NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached. Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above Item 1H-29 Exhibit C - 6 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of Palm Desert (hereinafter designated as the “City”), by action taken or a resolution passed September 29, 2022, has awarded to Great Western Installation, Inc. hereinafter designated as the “Principal,” a contract for the work described as follows: Park Playground Improvements (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated September 29, 2022 (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal annual sum of NINETY THOUSAND DOLLARS ($90,000.00) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or Item 1H-30 Exhibit C - 7 modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code. [SIGNATURES ON NEXT PAGE] Item 1H-31 Exhibit C - 8 IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__. (Corporate Seal) Contractor/ Principal By Title (Corporate Seal) Surety By Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto. NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. Item 1H-32 Exhibit C - 9 NOTE: This acknowledgment is to be completed for Contractor/Principal. Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above Item 1H-33 Exhibit C - 10 NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of- Attorney to local representatives of the bonding company must also be attached. Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above Item 1H-34 Contract No. __________________ Exhibit D - 1 Item 1H-35 City of Palm Desert PW - Operations & Maintenance Andy Ramirez, Deputy Director 73-510 Fred Waring Drive, Palm Desert, CA 92260 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-130 Park Playground Improvements RESPONSE DEADLINE: August 23, 2022 at 11:00 am Report Generated: Thursday, August 25, 2022 Great Western Installations, Inc Proposal CONTACT INFORMATION Company: Great Western Installations, Inc Email: myles@gwpark.com Contact: Myles Harvey Address: 975 S. State Hwy 89 Logan, UT 84321 Phone: (805) 320-9007 Website: www.gwpark.com Submission Date: Aug 23, 2022 9:13 AM Item 1H-36 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-130 Park Playground Improvements PROPOSAL DOCUMENT REPORT Request For Proposal - Park Playground Improvements Page 2 ADDENDA CONFIRMATION No addenda issued QUESTIONNAIRE 1. Proposal (WITHOUT COST)* Proposals shall be concise, well organized and demonstrate qualifications and applicable experience. Proposals shall be organized, and include page numbers for all pages in the proposal. The proposal shall be uploaded here, in the following order and shall include: A. Cover Letter 1. This letter should briefly introduce the firm, summarize the firm’s general qualifications, include an executive summary of the specific approach which will be used to deliver the work scope; and identify the individual(s) name, address and phone number authorized to negotiate Agreement terms and compensation. B. Experience and Technical Competence 1. Background: Provide history of the firm’s consulting experience which specifically addresses the individual or firm’s experience with similar Service as described in this RFP. 2. References: The proposal shall include a list of recently completed projects that are similar in scope and function to this RFP. Provide a description of the project, client name, and the name, title, and telephone number of the primary contact person. C. Firm Staffing and Key Personnel 1. Staffing: Provide the number of staff to be assigned to perform the Services and the names/discipline/job title of each as well as your firm’s capacity to provide additional personnel as needed. 2. Key Personnel: Identify key persons that will be principally responsible for working with the City. Indicate the role and responsibility of each individual. Item 1H-37 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-130 Park Playground Improvements PROPOSAL DOCUMENT REPORT Request For Proposal - Park Playground Improvements Page 3 3. Team Organization: Describe proposed team organization, including identification and responsibilities of key personnel. 4. Subcontractors: The Proposer shall identify functions that are likely to be subcontracted and identify the subcontractor that is anticipated to perform each function. D. Proposed Method to Accomplish the Work 1. Describe the technical and management approach to providing the Services to the City. Proposer should take into account the scope of the Services, and general functions required. Include a draft first year schedule of tasks, milestones, and deliverables that will provide for timely provision of the Services. In reviewing the scope of Services and goals described herein, the Proposer may identify additional necessary tasks and is invited to bring these to the City’s attention within the discussion of its proposed method to accomplish the work. Proposal.pdf 2. Non-Collusion Declaration* The undersigned declares: I am an authorized representative of my company, the party making the foregoing Bid, to certify the following. The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, so ught by agreement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The B idder has not, directly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder. Item 1H-38 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-130 Park Playground Improvements PROPOSAL DOCUMENT REPORT Request For Proposal - Park Playground Improvements Page 4 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Confirmed 3. Enter your valid CA Contractors State License Board (CSLB) number* Please enter your License Number here. This will be verified against the state database 929912 Click to Verify Value will be copied to clipboard 4. Enter your California Department of Industrial Relations (DIR) Registration number* Please enter your Public Works Contractor DIR Number. This will be verified against the state database. 1000028191 Click to Verify Value will be copied to clipboard 5. Type of Business* S Corporation (if corporation, two signatures are required) 6. Litigation* Provide litigation history for any claims filed by your firm or against your firm related to the provision of Services in the last five (5) years (or type "N/A"). N/A 7. Changes to Agreement* The City standard professional services agreement contract is included as an attachment herein. The Proposer shall identify any objections to and/or request changes to the standard contract language in this section of the proposal (or type "N/A"). If you are Item 1H-39 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-130 Park Playground Improvements PROPOSAL DOCUMENT REPORT Request For Proposal - Park Playground Improvements Page 5 identifying changes here ALSO upload a copy of the redlined Language/Agreement with your Proposal. Changes requested may effect the City's decision to enter into an Agreement. N/A 8. No Deviations from the RFP* In submitting a proposal in response to this RFP, Proposer is certifying that it takes no exceptions to this RFP including, but not limited to, the Agreement. If any exceptions are taken, such exceptions must be clearly noted here, and may be reason for rejection of the proposal. As such, Proposer is directed to carefully review the proposed Agreement and, in particular, the insurance and indemnification provisions therein (or type "N/A"). N/A 9. Project Team Resumes* Submit resumes of all key personnel/support staff that will produce work product for the Servic es. Describe their qualifications, education, and professional licensing. Project_Team_Resumes.pdf 10. Certification of Proposal: The undersigned hereby submits its proposal and, by doing so, agrees to furnish services in accord ance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.* Confirmed PRICE TABLES PRICE SHEET Item 1H-40 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-130 Park Playground Improvements PROPOSAL DOCUMENT REPORT Request For Proposal - Park Playground Improvements Page 6 Line Item Description Quantity Unit of Measure Unit Cost Total 1 Playground Repair Technician 1 Hourly Rate $66.23 $66.23 2 Playground Repair Supervisor, if required 1 Hourly Rate $68.23 $68.23 3 Playground Audit Per Park, to include CPSI, audit equipment, and digital audit 1 Each $1,200.00 $1,200.00 4 Impact Attenuation Test (Triax Test), Labor and Equipment 1 Each $1,000.00 $1,000.00 5 Pour in Place (PIP) Surfacing per square foot, removal of damaged area, preparing area, and turn-key installation with up to three colors. Labor and Materials 1 Square Foot $28.51 $28.51 6 Large Equipment (Delivery, Skid-steer, Pettibone forklift, etc.) 1 Hourly Rate $90.00 $90.00 7 IPEMA Certified Top Fill Installed (Equipment, Labor and Material) 1 CY $58.00 $58.00 Item 1H-41 Page 1 August 19, 2022 City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Thank you for providing us with the opportunity to present our proposal for Park Playground Improvements to the City of Palm Desert. We are excited about our proposal and believe that we can meet the needs of the City by providing equipment that can be utilized by the citizens of the City. We have reviewed all of the requirements and believe that we will exceed these requirements and your expectations. Great Western Installations, a Utah corporation, located at 975 South Highway 89-91, Logan, Utah, is willing to enter into an agreement with the City of Palm Desert with respect to this proposal and the Cities solicitation. We have reviewed all the city requirements and acknowledgement that we meet all requirements to city’s standard agreement. We also acknowledge that we can provide city-required insurance. The contact people for our agency that will be involved in this project in the future are as follows: Tyler Kyriopoulos Principal Partner / Sales Representative PH: 800.453.2735 CE: 435.760.5103 EM: tyler@gwpark.com Jenny Rogers Human Resourced PH: 435.245.5055 ext. 108 EM: jenny@gwpark.com Sarauna Openshaw Sales Administrator PH: 435.245.5055 EM: sarauna@gwpark.com Shelly Bytendorp Customer Service/Replacement Parts PH: 435.245.5055 ext. 109 EM: shelly@gwpark.com Myles Harvey Sales Representative PH:805.320.9007 EM: myles@gwpark.com Nicholet Meade Project Coordinator PH: 435.245.5055 ext. 110 EM: nicholet@gwpark.com Thank you again for allowing us to be involved in this process. -Great Western Recreation Item 1H-42 Page 2 Great Western Installations Background In 1969, the same year Neil Armstrong made his historic first steps on the surface of the moon, Rich Boyce was beginning an adventure on Earth. He founded Boyce Recreation in Wellsville, Utah, and became the exclusive representative for GameTime in Utah and Wyoming. He continued exploring the world of play and recreation by expanding into Montana and Idaho, and later into Nevada. In 1992, Steve Kyriopoulos, a former Parks Director for the City of Logan, Utah, began working with Rich. In 1999, Rich turned over the day-to-day operations to Steve. The company took on a new name - Great Western Park and Playground, Inc. In 2004, Steve looked westward and took steps to expand and provide park and playground products to the people of Southern California. In 2016, Great Western took another step in its journey. Steve handed the controls to his son Tyler Kyriopoulos and Lewis Painter. Tyler and Lewis wanted to expand both the geographical reach and the services of the company and rebranded as Great Western Recreation (GWR). In 2020, GWR expanded operations into Washington and Alaska, bringing the total number of states we serve to eight. GWR continues to be the exclusive representative for GameTime, as we have for more than 50 years. GameTime is a leading manufacturer of commercial playground equipment for nearly a century. GWR also represents many complementary lines of commercial park equipment, including shelters, shades, site amenities, splash pads, bleachers, outdoor fitness equipment, athletic equipment, outdoor musical equipment, dog park elements, and more. We combine a comprehensive product portfolio with full turnkey services from initial design to field installation. Our team includes eight full-time CAD designers, as well as a trained crew of rendering specialists, replacement specialists, order entry, customer service, and accounting specialists. We also employ ten CPSI-certified territory managers within our company who stay up-to-date with the guidelines from ASTM, CPSC, ADA, and IPEMA. After 50 years, Great Western Recreation is more prepared than ever to provide the highest level of customer service, high-quality products, and a complete solution for all of your recreation projects. Let's embark on a journey together, and build amazing places where people love to play. Item 1H-43 Page 3 Great Western Installations References University Park – Palm Desert, CA Description: Provide and installed playground equipment Completed: April 2022 Price: $305,290 Client: Pierre Landscape Contact: Sean Crothers Phone: 626-427-6717 Item 1H-44 Page 4 Civic Center Park – Palm Desert, CA Description: Provide and installed shelter Completed: March 2022 Price: $49,487 Client: City of Palm Desert Contact: Randy Chavez Phone: 760-346-0611 Email: rchavez@cityofpalmdesert.org Item 1H-45 Page 5 Joe Mann Park – Palm Desert, CA Description: Provide and installed playground equipment Completed: March 2019 Price: $215,179 Client: City of Palm Desert Contact: Randy Chavez Phone: 760-346-0611 Email: rchavez@cityofpalmdesert.org Item 1H-46 Page 6 Freedom Park – Palm Desert, CA Description: Provide and installed shelter Completed: March 2019 Price: $ 24,627 Client: City of Palm Desert Contact: Randy Chavez Phone: 760-346-0611 Email: rchavez@cityofpalmdesert.org Item 1H-47 Page 7 Great Western Installations Project Team Tyler Kyriopoulos Sales Representative/Owner Tyler has been with Great Western Recreation since 1997, first as an installer and later as a Sales Representative and principal owner. This career path has made Tyler an expert at the construction level, as well as the design level, for playground projects. He has become one of the nation’s leading representatives for both Game Time, as well as Great Western Recreation. He coordinates hundreds of park and playground projects over the course of his career and demonstrates the ability to coordinate large and small projects quickly and efficiently. Tyler recently completed two All-Inclusive Play Spaces in similar size and scope at Canyon Country Park for the City of Santa Clarita and at Joy Playground for the City of Atascadero. Lewis Painter Design Lead/Owner Lewis has been with Great Western Recreation since 1998, first as an installer and later as a Sales Representative and principal owner. This career path has made Lewis an expert at the construction level as well as the design level for playground projects. He, over the course of his career, has become an expert CAD designer winning a Gametime nationally sponsored contest for excellence in Playground Design and his designs have become a standard offering for Gametime. He is known for his creativity, creating new custom play equipment not only for his own projects, but everyone else’s as well. Jenny Rogers Human Resources Jenny joined the Great Western Recreation team in March 2022. She brought with her nearly 20 years of retail experience in multi-state management, identifying shrink, Human Resources, and leadership development, with an extensive understanding and ability to develop policies and procedures. Jenny obtained her bachelor’s degree at Boise State University in criminal justice with a minor in business management. When not at work, Jenny hikes the national parks and enjoys watersports with her husband and children. She is excited to work for a company that encourages development and growth through outdoor experiences. Item 1H-48 Page 8 Sarauna Openshaw Manager of Sales Operations Sarauna started at Great Western Recreation in 2016 as a Project Coordinator. She served as Rendering and Lumion specialist and order entry backup for 3 years before moving to Manager of Sales Operations. She brings with her experience in project and office management as well as accounting. Sarauna has been trained on GameTime’s specialty CAD program, Lumion, Sketchup, 3DS Max, and Premier Pro as well as CRM for quoting and ordering. She has created and implemented several new processes to improve the consistency and accuracy of orders being placed. Quinn Connell Sales Representative Quinn joined the Great Western Recreation team in 2020, she brings with her over eight years of sales experience and a playful exuberance to problem solving. A Seattle resident, Quinn has quickly become an expert in coordinating park and playground projects, big and small. She measures success by the happiness of her customers and the lasting relationships to follow. Taggart Castleton Sales Representative Taggart started his career with Great Western Recreation in 2007, first as a CAD designer and later as a Sales Representative. This career path has made Taggart an expert at the design level for playground and park projects. He has helped coordinate hundreds of park and playground projects over the course of his career and has demonstrated the ability to coordinate large and small projects quickly and efficiently. Taggart has a bachelor’s degree from Boise State University in Communications. Item 1H-49 Page 9 Myles Harvey Sales Representative Myles has been with Great Western Recreation since 2017 and manages the inland empire and desert regions for Great Western Recreation, distributors of GameTime playgrounds. Myles serves as a Sales Representative while also overseeing onsite construction. He has helped coordinate hundreds of park and playground projects over the course of his time with Great Western and has demonstrated the ability to coordinate large and small projects quickly and efficiently. Myles has a bachelor’s degree from San Diego State University in Recreation and Tourism Management. Nancy Casey Sales Representative Nancy has been with us since 2020 and is the lead sale representative in Alaska. Lindsey Erwin Sales Representative A lifelong fan of play, Lindsey has been a professional playologist for many years. First with Sitelines and then she joined Great Western Recreation in 2020. With a background in communication, she considers herself a resource for her customers and is always happy to jump into any project to help. A south sound native, nothing brings her more joy than to see projects she has worked on enriching the lives of those around her. When not playing or spending time with friends and family Lindsey enjoys travel, working in her garden and reading. Item 1H-50 Page 10 KJ LeCesne Sales Representative KJ is a sales representative in California and has been with us since 2014. Nate Younker Sales Representative Nate has been with Great Western Recreation since 2005 as a sales representative and project manager. This career path has made Nate an expert at the construction level, as well as the design level, for playground projects. He has become one of the nation’s leading representatives for both Game Time, as well as Great Western Recreation. He coordinates hundreds of park and playground projects over the course of his career and demonstrates the ability to coordinate large and small projects quickly and efficiently. Brandon Seitz Sales Representative Brandon manages Northern Orange County and Central Los Angeles territories for Great Western Recreation, distributors of GameTime playgrounds. Brandon has been with Great Western Recreation since 2017 as a Sales Representative while also overseeing onsite construction. He has completed a number of successful park and playground projects over the course of his time with Great Western and has demonstrated the ability to coordinate projects of all sizes in a professional manner. Brandon grew up in Ventura County CA, playing competitive sports including, but not limited to, football and baseball. After graduating from Newbury Park High School, Brandon went on to San Diego State University and achieved his Bachelors of Science in Business Administration. Item 1H-51 Page 11 Milisa Guthrie - Accountant Milisa joined Great Western in 2018 as the Accountant. In this role, she leads all financial matters including accounting, reporting and cash management. Milisa spent more than eight years in accounting and management function for various organizations in the Logan, UT area. RJay Ward – AR Accountant After spending 16 years in the restaurant industry RJay decided to make a change and join the Great Western Recreation team in 2022. He has a long background of serving the public and looks forward to being able to provide his services in a new manner. After finishing his Bachelor’s degree in Business Management, RJay decided to focus on his love for numbers and join the accounting team utilizing what he has learned over the years. When RJay isn’t at work he enjoys being out in nature with his wife and 3 kids. “There is nothing better than watching my own kids enjoy the parks that are being built by the company I am working for!” Shelly Bytendorp – Customer Service Shelly joined Great Western in 2007 bringing 20 years of office and banking experience with her. Shelly will be assigned to the account as a secondary layer of customer service assisting with any issues related to replacement parts or any collateral materials. Carley Martini – Order Entry Carley joined Great Western in 2021 after spending 3+ years working in behavioral science and brings 5+ years of customer service and an Associate’s degree in applied science. Carley quickly joined order entry and has loved the quick pace and seeing the final project come to life. She works hard to stay up to date on the current processes and complete each order paying close attention to all the details. Item 1H-52 Page 12 Olivia Miller– Lumion & Rendering Specialist Olivia started at Great Western Recreation in 2021 as rendering and order entry backup. One year later, she was moved to Lumion and Rendering Specialist. She has been trained on GameTime’s specialty CAD program, Lumion, Sketchup, 3DS Max, and Premier Pro as well as CRM for quoting and ordering. She came to GWR after 3 years as a CNA. She is a hard worker and anxious to learn more. Lisa Clark – Project Coordinator Lisa has been part of the Project Coordinator team since 2018, joining Great Western Recreation shortly after completing her second Bachelor’s Degree in Human Resources. Lisa has been trained on GameTime’s specialty CAD program and has designed or assisted in many park and playground designs. Nikki Meade – Project Coordinator Nikki began as our office support team member at Great Western in 2021. She brings with her 5+ years of customer service experience and 2+ years of graphic design experience. She quickly became a Project Coordinator and strives to always learn more and enjoys helping her team in any way she can. Erika Burge – Project Coordinator Erika joined Great Western in 2021, after completing her bachelor’s degree. Her quick learning, attention to detail, and 5+ years of customer service experience has proved essential to be a project coordinator. She has designed or assisted in many projects. Item 1H-53 Page 13 Madi McKendrick – Project Coordinator Madi brings with her 5+ years of customer service and an Associates in General Science. Starting in 2021, she quickly moved from the receptionist position to Project Coordinator, she has had the opportunity to continually learn through quoting and designing projects for Great Western. The biggest reward to Madi is being able to help provide safe and inclusive play areas for children of all ages. Michaella Wood– Project Coordinator Michaella joined Great Western Recreation in 2021 and is a member of our Project Coordinator team. She has over five years of customer service and office experience. Michaella is quick to learn and is trained in GameTime CAD. She has designed or assisted in many park and playground designs. Berkley White– Project Coordinator Berkley joined Great Western Recreation in 2021 and is a member of our Project Coordinator team. She is quick to learn and has enjoyed being trained in GameTime CAD. She has designed or assisted in many park and playground designs. Ben Richardson– Project Coordinator Ben joined Great Western in early 2022. His 5+ years of combined experience in Administration and Technical Writing allowed him to quickly pick up on the unique and detailed requirements of playground and similar projects and become one of our trusted designers and project coordinators. He enjoys creating new and exciting playground designs that aim to engage and inspire children and families. Item 1H-54 Page 14 Quinn Lawrence– Project Coordinator Quinn joined the team at Great Western Recreation as a Project Coordinator early in 2022. With his background of hard work and a positive attitude, he has quickly become an essential member of Great Western Recreation's team. Quinn is pursuing a Bachelor's Degree in Information Systems at Utah State University. Jennie Sumrell – Director of Education:Playcore Jennie worked in the field of special education, childhood development, and inclusion for nearly ten years. She received her Bachelor’s degree in Exceptional Learning from the University of Tennessee at Chattanooga, a Master’s certificate in Adaptive & Assistive Technology from the University of Miami, and a Master’s degree in Special Education with a concentration in Early Childhood Education from the University of Tennessee at Chattanooga. Jennie has presented as a guest lecturer at local universities and numerous regional, national, and international conferences on best practices in outdoor play environments for early childhood, implementing design and programming strategies for universal design and inclusion, bringing learning outdoors, engaging children with nature, promoting healthy physical activity, and the developmental benefits of play. She currently serves as the Director of Education in the Center for Professional Development at PlayCore, advancing play and recreation through independent research, education, and partnerships. The company infuses this learning into its complete family of brands. PlayCore combines best in class planning and education programs with the most comprehensive array of recreation products available to create play solutions that match the unique needs of each community they serve. Jennie will be assisting on the Beattie Park project to ensure that the playground meets all the requirements for Inclusive Play and is eligible for the National Demonstration Site designation. David Hill – Western Regional Manager/GameTime David has over 17 years of experience in creating outdoor play environments and currently serves as the Western Regional and International Sales Manager for GameTime where he consults with various professionals on designing outdoor play environments that implement research-based best practices in design. He has designed dozens of inclusive play spaces as well as countless customer oriented play spaces that incorporate research based best practices. He has presentedPlayCore's research at a various state and regional conferences, including Kentucky, California, Idaho, Georgia, Washington, Alabama Trails and the Midwest Recreation and Parks Conferences. He is a Certified Executive Trainer of PlayCore. David graduated from Pennsylvania State University with a MBA and from Humboldt State University with a B.S. in Business Administration. Item 1H-55 Page 15 Great Western Installations Project Team Jenny Rogers Human Resources Sarauna Openshaw Manager of Sales Operations Myles Harvey Sales Representative Milisa Guthrie - Accountant Item 1H-56 Page 16 RJay Ward – AR Accountant Shelly Bytendorp – Customer Service Carley Martini – Order Entry Nikki Meade – Project Coordinator Item 1H-57 Page 17 Great Western Installations Team Organization Jenny Rogers Human Resources Jenny oversees HR as well as workflow and managing project coordinators. She will coordinate tasks to the specified project coordinator. Sarauna Openshaw Manager of Sales Operations Sarauna will oversee each order place to guarantee accuracy. Myles Harvey Sales Representative Myles is the designated Sales Representative for these projects. He will be your main contact and will see these projects from start to finish. Milisa Guthrie - Accountant Milisa is our lead accountant and takes care of any financial and accounting responsibilities. Item 1H-58 Page 18 RJay Ward – AR Accountant Rjay is our assistant accountant and will work side by side with Milisa in all things that pertain to accounting. Shelly Bytendorp – Customer Service Shelly is our expert in replacement parts. She will assist the Sales Rep in any parts that needed replacing. Carley Martini – Order Entry Carley will be placing orders with efficiency and in a timely manner. Nikki Meade – Project Coordinator Nikki will be working on quoting any projects and will be assisting Myles in executing these projects for the city. Item 1H-59 Page 19 Great Western Installations Subcontractors B Safe Playground Inspections Services, inc Chris Tait 916 850-5071 B Safe will be procing the CPSI incpections of listed parks and playgrounds. Turboscape Clint Hannon 951-906-5799 PO Box 1062 Lake Elsinore, CA 92531 Provide and install engineered wood fiber to playgrounds. TJ Janca/ Protect Turf Cole Hiramatsu 714-921-3940 2322 N BATAVIA ST. #101 ORANGE, CA 92865 Provide and install materials to refurbish parks and playgrounds. Item 1H-60 Page 20 Proposed Method to Accomplish the Work We at Great Western Installations (GWI), in collaboration with GameTime (GT), are extremely excited to work hand in hand with the City of Palm Desert on future projects in providing the highest quality product in the industry, along with exemplary project management and customer service to ensure the best and most efficiently completed project as possible. In this endeavor, we would like to acknowledge the City’s needs and our willingness to respond to those needs with the following elements in mind: • GWI will be making repairs, as well as replacing damaged parts to the parks mentioned, as needed. • GWI and GT will work hand in hand with the City in preparing replacement parts to ensure the City has the exact equipment they would like to see in function, play value, and aesthetic appeal for each project’s particular requirements. • GWI and GT will manufacturer the approved play equipment in a timely fashion following the approval of the entire scope of work. • GWI will coordinate delivery and provide project management in conjunction with the winning installation firm for a seamless transition and will continue to monitor and support each project through completion of the entire scope of work. • GWI and GT will be providing play equipment that meets and exceeds all safety requirements per CPSC, ASTM, IPEMA, and ADA guidelines • GWI will have their local representative, Myles Harvey, continue to be the point of contact going forward. • Sales Representative will be performing audits on parks mentioned. • Executing the scope of work using the city’s audit, which has already been performed. • Additional service includes surfacing repairs, routine fabric shade on structures to ensure no damages. Statement of Qualifications: Everyone has completed a project and then wished they had included something or done a part of the project a little bit different. With GameTime you get the right design every time. You may wonder how are we able to complete projects without having to second guess our design. Game Time has invested and collaborated in quality third party research in different areas of discipline. So no matter if you are designing a Universal Access playground or a Nature Ground you can have the confidence that our design philosophies are backed by independent research by experts in their field. Item 1H-61 Page 21 Proposed Schedule Equipment Manufactured (Upon Receipt of Signed Quote, Purchase Order, Colors, and Billing & Shipping Information) 10 Weeks Shipment of Equipment 7-10 Days Installation of Equipment 7-10 Days Surfacing Installation 7-10 Day Installation 7-10 Days Curing Time Item 1H-62 Page 1 Project Team Resumes Great Western Staff Statement of Qualifications Great Western Recreation has been covering Wyoming since 1964. Our fully trained administrative staff consists of seven full-time CAD designers as well as additional team members in order entry, customer service, and accounting. We have seven National Playground Safety Institute inspectors within our company who remain up-to-date with the guidelines from ASTM, CPSC, ADA, and IPEMA. We only sell the highest quality safest products found worldwide. Tyler Kyriopoulos –Tyler has been with Great Western Recreation for 19 years, first as an installer and later as a Sales Representative and principal owner. This career path has made Tyler an expert at the construction level, as well as the design level, for playground projects. He has become one of the nation’s leading representatives for both Game Time, as well as Great Western Recreation. He coordinates hundreds of park and playground projects over the course of his career and demonstrates the ability to coordinate large and small projects quickly and efficiently. He will act as the point person on all projects for your organization. Sarauna Openshaw – Sarauna serves as the Manager of Sales Operations. She brings with her experience in project and office management as well as accounting. Her fine tuning of orders has been instrumental in helping office sales. Jenny Rogers – Jenny Rogers serves as human resources and brings to the table her knowledge of managing. She will be overseeing the assigned project coordinator and specified tasks to ensure we meet our deadline. Myles Harvey – Myles will be the lead representative for your account. Myles comes to us as a graduate of San Diego State University and has been with Great Western for about 5 years now. In his short time, he has overseen high dollar projects and is well versed in the aspect of playground design all the way up to project management in the field. Myles grew up in Camarillo, CA and was a three-sport athlete for the majority of his athletic career. He enjoys all aspects of recreation including baseball, basketball and football. Myles looks to be an asset not only to the Great Western Recreation team but to yours as well. He looks forward to helping you strengthen communities through our many services and cast recreation product offering. Shelly Bytendorp – Shelly joined Great Western in 2007 bringing 20 years of office and banking experience with her. Shelly will be assigned to the account as a secondary layer of customer service assisting with any issues related to replacement parts or any collateral materials. Nikki Meade – Nikki has served as a Project Coordinator for 1 1/2 years. She brings with her experience in graphic design and customer service. Nikki is trained in Game Time’s specialty CAD program and has designed or assisted in the design of many park and playground projects while employed at Great Western. GameTime Playground components are IPEMA Certified. IPEMA certifications are available on the IPEMA website or by request to Great Western. Item 1H-63 Page 2 Project Team Resumes T.J. Janca Construction, Inc., a licensed general contracting firm, is proud to be the exclusive distributor and installer of Pro-Tect Turf™. With over 25 years combined experience in playground safety resurfacing, and general services T.J. Janca Construction, Inc. are truly the experts for your next project. T.J Janca Construction prides itself on being a turnkey construction company. Providing services for demolition, grading, site work, installations, playground surfaces. We are proud of the quality of our work and our commitment to complete projects on schedule. We work with managers, architects, and developers to ensure projects are completed in a timely manner with professional care. T.J Janca remains up to date with guidelines from ASTM, CPSC, ADA and IPEMA. Keith Smith- Keith has been the owner of TJ Janca for the past 5 years. Keith has Master of Business Administration in International Management. Bachelor of Science in Engineering. Prior to owner of TJ Janca Construction, Keith worked at Boeing, where he worked on the Apache helicopters. Keith also started a prosthetic foot company, where he oversaw the engineering and designs of the different prosthetic feet. Keith comes from a general contracting background in customer homes and framing in Arizona. Johnny Ramirez- Project manager for the general services department of TJ Janca Construction for the past 3 years. Johnny comes from 22 years in heavy civil engineering. Involved in projects with mass grading, underground pipeline work, wet and dry utilities, specialty concrete work. In additional Johnny is OHSA 30 trained, a competent training person, Hazwopper certified. Johnny has coordinated many playground projects over the course of his career and demonstrates the ability to coordinate large and small projects in a quick and timely manner. Cole Hiramatsu- Cole has been with TJ Janca Construction for the past 6 years. Cole is the project manager for the playground surfacing division with TJ Janca Construction. Cole started in the field at TJ Janca Construction, doing the surfacing and general services installations. Cole took the experiences and knowledge to the office here at TJ Janca Construction, to become lead estimator and eventually project manager. Item 1H-64 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: September 29, 2022 PREPARED BY: Randy Chavez, Community Services Manager REQUEST: AWARD CONTRACT TO COURTMASTER SPORTS, INC., OF NORTH PALM SPRINGS, CALIFORNIA, FOR THE SPORT COURTS RESURFACING PROJECT FOR AN AMOUNT NOT TO EXCEED $75,000 PER FISCAL YEAR (PROJECT NO. 946-23) RECOMMENDATION: 1.Award a 57-month contract for the Sport Courts Resurfacing Project to Courtmaster Sports, Inc., of North Palm Springs, California, for an amount not to exceed $75,000 per Fiscal Year. 2.Authorize the City Manager or designee to review and approve written contract amendments and change order requests for unanticipated conditions per Section 3.30.170 of the Palm Desert Municipal Code; and up to three, one-year contract extensions based on staff’s recommendation. 3.Authorize the City Manager to execute the agreement. BACKGROUND/ANALYSIS: Due to the increased popularity of outdoor recreation activities, regular repair and maintenance of the park sports courts are necessary to ensure safe playing conditions and minimize potential slip and fall issues. Therefore, staff included an annual Pickleball, Tennis, and Basketball Court Resurfacing Improvements Project on the approved Capital Improvement Program (CIP) Budget for Fiscal Year 2022-2023 that will address as needed court resurfacing and repairs. Currently, City parks that have sport courts include: •Civic Center Park •Joe Mann Park •Freedom Park •Hovley Soccer Park •Cahuilla Hills Park •Palma Village Park •University Park The project will prioritize the condition of the courts, develop a schedule to resurface them based on wear patterns, frequency of use, and overall playability, and replace or replace nets, Item 1I-1 City of Palm Desert Award Contract to Courtmaster Sports, Inc. Page 2 of 3 windscreens, and other miscellaneous items as needed. On August 11, 2022, staff issued a request for proposals (RFP) through the City’s online bid management provider, OpenGov. A total of 21 entities downloaded Bid Documents, and three vendors attended the Mandatory Pre-Bid meeting. On August 31, 2022, three (3) proposals were received, and a selection committee from the Public Works Department reviewed the proposals and ranked each one based on: • Clarity and Conformance of the proposal • Content of the proposal, including the work plan • Proposer’s experience and performance • Comments by references • Fee Proposal The selection committee ranked the proposals numerically as follows: CONTRACTOR LOCATION RANKING Courtmaster Sports, Inc. North Palm Springs, CA 1 Desert Sports Indio, CA 2 TrueLine Construction &Surfacing, Inc. Riverside, CA 3 Following a detailed analysis, staff determined that Courtmaster Sports, Inc., (Courtmaster) provided the highest quality of service required to meet or exceed City standards. In addition, Courtmaster has previously and satisfactorily completed large-scale resurfacing projects for the City, such as the resurfacing of the tennis courts at Civic Center Park. Based on the review, staff recommends awarding the Sport Courts Resurfacing Project to Courtmaster Sports, Inc., for a term of 57 months (October 1, 2022, to June 30, 2027), with an option of three, one-year extensions. Strategic Plan: The recommendation aligns with the Parks & Recreation Priority 1 Goal of the Strategic Plan. This goal recommends making recreation, health, and wellness an integral part of the Palm Desert community. References: Staff contacted several references provided by Courtmaster, one of which included The Vintage Club. The Vintage Club indicated that they exclusively contract with Courtmaster due to the quality work they perform and responsiveness to emergencies. In addition, Courtmaster has provided similar resurfacing services to the City of Palm Desert and have performed satisfactorily. FINANCIAL IMPACT: The 2022/23 approved Five-Year Capital Improvement Program Budget included a combined Item 1I-2 City of Palm Desert Award Contract to Courtmaster Sports, Inc. Page 3 of 3 $75,000 per fiscal year for Pickleball, Tennis, and Basketball Court Resurfacing under Account No. 1104618-4400100 and 1104674-4400100. Therefore, there is no further fiscal impact to the general fund. Funds for this project will only be expended to the extent necessary. REVIEWED BY: Department Director: Martin Alvarez Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1. Agreement 2. Payment & Performance Bonds 3. Contractor’s Proposal Item 1I-3 - 1 - CONTRACT NO. _____________ CITY OF PALM DESERT MAINTENANCE SERVICES AGREEMENT SPORTS COURTS RESURFACING 1. PARTIES AND DATE. This Agreement is made and entered into this 29TH day of September, 2022 by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-2578, County of Riverside, State of California (“City”) and Courtmaster Sports, Inc., a Corporation with its principal place of business at P.O. Box 580795 North Palm Springs, CA 92258 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement. 2. RECITALS. 2.1 Contractor. Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing maintenance services to public clients, that it and its subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 2.2 Project. City desires to engage Contractor to render such services for the Sport Courts Resurfacing Project (“Project”) as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from October 1, 2022, to June 30, 2027, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than 3 additional one- year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. Item 1I-4 Contract No. __________________ - 2 - 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Any personnel performing the Services under this Agreement on behalf of Contractor shall not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance. 3.2.2 Schedule of Services. Contractor shall perform the Services in a prompt and timely manner in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 3.2.4 City’s Representative. The City hereby designates Randy Chavez, Community Services Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement except for increasing compensation. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee. 3.2.5 Contractor’s Representative. Contractor hereby designates Jeffrey D. Brooker, President, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times. 3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, Item 1I-5 Contract No. __________________ - 3 - including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.8 Period of Performance. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. 3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law. 3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. 3.2.10.1 Employment Eligibility; Contractor. Contractor certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Contractor certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement. 3.2.10.2 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services. Item 1I-6 Contract No. __________________ - 4 - 3.2.10.3 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.4 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement. 3.2.10.5 Water Quality Management and Compliance. To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor to penalties, fines, or additional regulatory requirements. 3.2.11 Insurance. 3.2.11.1 Minimum Requirements. Without limiting Contractor’s indemnification of City, and prior to commencement of the Services, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. (B) Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each Item 1I-7 Contract No. __________________ - 5 - accident. The City’s Risk Manager may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. (C) Umbrella or Excess Liability Insurance. Contractor may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions: (a) A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (b) Pay on behalf of wording as opposed to reimbursement; (c) Concurrency of effective dates with primary policies; and (d) Policies shall “follow form” to the underlying primary policies. (e) Insureds under primary policies shall also be insureds under the umbrella or excess policies. (D) Workers’ Compensation Insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives. (E) Reserved. (F) Reserved. (G) Reserved. 3.2.11.2 Other Provisions and Requirements. (A) Proof of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (B) Duration of Coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or Item 1I-8 Contract No. __________________ - 6 - damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his/her agents, representatives, employees or subconsultants. (C) Primary/Non-Contributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect it as a named insured. (D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Contractor, or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives, and shall require similar written express waivers and insurance clauses from each of its subcontractors. (G) Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (H) Requirements Not Limiting. Requirements of specific coverage features, or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (I) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation Item 1I-9 Contract No. __________________ - 7 - (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. (K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (M) Pass Through Clause. Contractor agrees to ensure that its sub-consultants, sub-contractors, and any other party involved with the Project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the Project will be submitted to City for review. (N) City’s Right to Revise Specifications. The City or its Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (Q) Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall Item 1I-10 Contract No. __________________ - 8 - exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.13 Bonds. 3.2.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.13.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.13.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient, or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within ten (10) days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause. 3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. Item 1I-11 Contract No. __________________ - 9 - 3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.2.15 Work Sites. 3.2.15.1 Inspection Of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters after commencement of the Services. 3.2.15.2 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract, including any plans, specifications, or scope of work before commencing Services. Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition. 3.2.15.3 Hazardous Materials and Differing Conditions. Should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic wastes, hazardous substances and hazardous materials as defined in California state or federal law at the site which have not been rendered harmless, the Contractor shall immediately stop work at the affected area and shall report the condition to the City in writing. The City shall contract for any services required to directly remove and/or abate PCBs, hazardous substances, other toxic wastes and hazardous materials, and shall not require the Contractor to subcontract for such services. The Services in the affected area shall not thereafter be resumed except by written agreement of the City and Contractor. 3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City. 3.2.17 Warranty. Contractor warrants all Services under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Agreement, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its Item 1I-12 Contract No. __________________ - 10 - sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require verifying that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand. 3.3 Fees and Payments. 3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed Seventy-Five Dollars ($75,000) per Fiscal Year without written approval of the City Council or City Manager, as applicable. 3.3.2 Payment of Compensation. Contractor shall submit to City monthly invoices which provides a detailed description of the Services and hours rendered by Contractor. City shall, within thirty (30) days of receiving such statement, review the statement and pay all non-disputed and approved charges. Contractor shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination of this Agreement and failure by the Contractor to submit a timely invoice shall constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Contractor. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever. 3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums. 3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which Item 1I-13 Contract No. __________________ - 11 - is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative. 3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. 3.3.7 Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor. 3.4 Termination of Agreement. 3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven Item 1I-14 Contract No. __________________ - 12 - (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those Services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. 3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5 General Provisions. 3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Contractor: Courtmaster Sports, Inc. P.O. Box 580795 North Palm Springs, CA 92258 Attn: Jeffrey D. Booker, President City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 Attn: Randy Chavez, Community Services Manager Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.2 Indemnification. 3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of Item 1I-15 Contract No. __________________ - 13 - the Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses except such Claims caused by the sole or active negligence or willful misconduct of the City. 3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the Contractor, the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives. 3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all Agreement requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims, and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. 3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. Item 1I-16 Contract No. __________________ - 14 - 3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to the City include its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement. 3.5.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise. 3.5.11 No Third-Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third-party beneficiaries of any right or obligation assumed by the Parties. 3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.15 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. Item 1I-17 Contract No. __________________ - 15 - 3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.18 Reserved. [SIGNATURES ON NEXT PAGE] Item 1I-18 Contract No. __________________ Exhibit A - 1 SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND COURTMASTER SPORTS, INC. IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written. CITY OF PALM DESERT By: L. TODD HILEMAN CITY MANGER ATTEST: By: ANTHONY J. MEJIA City Clerk APPROVED AS TO FORM: By: Best Best & Krieger LLP City Attorney COURTMASTER SPORTS, INC. A CORPORATION [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary OR Treasurer REQUIRED] By: Its: Printed Name: By: Its: Printed Name: ____________________________________ Contractor’s License Number and Classification ____________________________________ DIR Registration Number (if applicable) QC Insurance: __________ __________ Initial Review Final Approval Item 1I-19 Contract No. __________________ Exhibit A-2 EXHIBIT “A” SCOPE OF SERVICES SPORT COURTS RESURFACING PROJECT The work to be done consists of furnishing all labor, incidental materials, equipment, shipping, taxes, necessary tools and machinery, supervision, all utility and transportation services, and incidentals required for the Sport Courts Resurfacing Project in accordance with the following specifications. This contract provides for the regular evaluation and repairs of City tennis, basketball, and pickleball courts to assure optimal play, operational, and aesthetic conditions. The City currently has tennis courts, dual striped tennis and pickleball courts, pickleball courts, and basketball courts at various parks. The locations and quantities of the courts are listed below. Several courts have three color patterns and Contractor is strongly encouraged to visit all sites prior to submitting a proposal. Courts with three color patterns will continue to have tri-color designs, however, color palette will change. Contractor must be knowledgeable with resurfacing and striping standards and methods for the sports courts listed. 2. LOCATION OF WORK A. Civic Center Park: 73-510 Fred Waring Drive (6 tennis courts, 1 tennis court is striped for pickleball, 3 basketball courts) B. Freedom Park: 77-400 Country Club Drive (8 pickle ball courts, 3 basketball courts) C. Hovley Soccer Park: 74-735 Hovley Lane, Palm Desert, California (1 basketball court) D. Joe Mann Park: 77-810 California Drive, Palm Desert, California (1 basketball court) E. Palma Village Park: 44-550 San Carlos Avenue, Palm Desert, California (1basketball court) F. University Park East, 74-902 University Park Drive, Palm Desert, California (1 basketball court) G. Cahuilla Hills Park, 45-825 Edgehill Drive, (2 tennis courts, 1 tennis court is striped for pickleball) 3. GENERAL SERVICES TO BE PERFORMED The work shall include, but is not limited to, assessing all courts, prioritizing repairs discovered, and performing repairs based on available city funding. Contractor to perform work and striping in accordance with National Collegiate Athletic Association/California Interscholastic Federation (NCAA/CIF), USA Pickleball Association (USAPBA), and United States Tennis Association (USTA) regulations and standards. Contractor shall receive approval from the Community Services Manager, or his designee prior to commencing any repairs or audits. Services to be performed shall include, but shall not necessarily be limited to, the following: 3.1 Site Inspections and Repairs Item 1I-20 Contract No. __________________ Exhibit A-3 A. Contractor shall inspect court surfacing at each of the listed locations and document deficiencies twice a year. Contractor shall also note deficiencies related to expansion joints, rims, nets, vertical posts, backboards, and other court structures. This information to be submitted to the Community Services Manager within Thirty (30) days of project commencement. B. Contractor shall prioritize deficiencies discovered and formulate a repair priority list based on the findings. Repairs to include but not limited to, entire court resurfacing, expansion joint repairs, patching worn areas, wind screen repair, new wind screen installation, net replacements, vertical posts and court fixtures repairs, etc. C. Contractor shall submit a repair work schedule to address priority items first. Contractor shall research and contact manufacturer for parts and materials needed to perform the repairs. Contractor shall perform all necessary measurements, take pictures, and verify parts with manufacturer to ensure correct replacement parts are identified prior to ordering material. City shall not be responsible for material ordered incorrectly. D. All debris and refuse shall be removed and taken to a disposal facility as outlined the Special Provisions. E. When a court is taken out of service, contractor to use heavy-duty materials to ensure the work area is safe and not accessible to the public. F. All vehicles and small equipment needed to perform the tasks will be included in the respective line-item rates and no additional compensation will be allowed. G. Large equipment will be paid at the approved hourly rate as indicated on the Price Sheet. 3.2 Surfacing A. Contractor shall document deficiencies found in the surfacing and prioritize repairs needed. B. Contractor shall perform all surface repairs needed to provide a safe play surface. C. Contractor patch repairs to match existing surfacing. D. Court re-surfacing and repairs will at minimum include the following steps: 1. Remove tool marks, ridges, and any unlevel or unsafe surfaces. 2. Locate and mark blistered and loose paint. 3. Remove loose and blistered paint utilizing a Terrazzo grinder or City approved method. 4. Repair cracks and divots with acrylic compound or approved filler. 5. Disc-sand the repairs, pop-ups, and playing lines to a feather’s edge. 6. Replace expansion joint fillers with approved material. 7. Wash and thoroughly clean court surface. 8. Paint tennis and pickleball net posts with City approved paint color. 9. Resurface courts using Laykold Color Coat System by Advanced Polymer Technology (two new coats) or approved equal. Color quantity and patterns to match existing court configuration. The City will chose colors. 10. Layout and stripe courts with acrylic white line paint per approved sport regulations. 11. Replace worn nets and reinstall nets, center straps, wind screen, etc. 12. All resurfaced courts to have a one (1) year material and labor warranty, excluding vandalism. 13. Contractor to adequately notice court closures at least Seven (7) days before performing work. Item 1I-21 Contract No. __________________ Exhibit A-4 E. Pickleball court resurfacing unit price includes complete resurfacing of four (4) Pickleball Courts, including play border to adjacent fence and/or spectator viewing area border. Turnkey installation includes all material, equipment, and labor. Courts to have three (3) color pattern. This also includes painting of all net posts, repairing expansion joints, and supplying and installing all protective construction fencing. The City’s pickleball courts have been installed on converted tennis courts. Common and seating areas outside of courts shall be billed at the per 100 square foot Price Sheet cost. F. Tennis court unit price includes complete resurfacing of one (1) Tennis Court, including play area to perimeter fence. Turnkey installation includes all material, equipment, and labor. Court to have two color pattern. This also includes painting of all net posts, repairing expansion joints, and supplying and installing all protective construction safety fencing. Common areas outside of perimeter fence shall be billed at the per 100 square foot Price Sheet cost. G. Basketball court resurfacing includes complete resurfacing of one (1) Basketball Court, including resurfacing play area to fence or turf area. Turnkey installation includes all material, equipment, and labor. Court to have three (3) color pattern. This also includes repairing expansion joints and supplying and installing all protective construction fencing while work is being performed. 3.3 Repairs/Nets/Windscreens A. When budget does not allow for a full court resurfacing or when vandalism occurs, Contractor shall make the necessary repairs to the courts to ensure a safe playing surface. All security measures are the responsibility of the contractor. B. Contractor shall match the colors of the courts and square off the patch to provide a clean, aesthetic appearance. C. Contractor shall also replace nets as necessary when contracted by the Community Services Manager, or his designee. D. Contractor to adjust windscreens and needed and replace windscreens as required. Contractor shall have staff experienced with windscreen repairs and replacement. 3.4 Notification Contractor shall notify the Community Services Manager, or his designee of any conditions noted that require further monitoring, investigation, or remedy for the safe and optimal operation of the courts and surrounding equipment. 3.5 Reports A. Contractor shall produce and deliver to the Community Services Manager, or his designee, a report indicating all service activities performed. Contractor shall provide the following information: 1. Location and nature of resurfacing and repairs. 2. Materials used. 3. Photos of the repairs made. 4. Other pertinent information, such as warranties or manufacturer recommendations. Item 1I-22 Contract No. __________________ Exhibit A-5 4. Payment All work shall be approved in writing on a City-issued extra work form by the Community Service Manager, or his designee, prior to ordering or commencing activities. Contractor’s failure to obtain prior written authorization to order parts or to perform work shall constitute the City’s denial of payment for said work and parts. Upon Contractor’s submission of requests for work and/or parts the City reserves the right to reject quotations on each item, separately or as a whole. State and local taxes as applicable, shipping/handling/freight on board charges, applied discounts, and labor estimates shall be shown separately. All materials will be paid at cost plus an allowable 15% markup. Additional work requested but not listed will be billed at time and material. Labor will be paid based on the approved Price Sheet. Receipts are required to be submitted with approved invoice(s). Estimated dates for delivery and installation shall be noted. In addition to the rates listed on the Price Sheet, Contractor shall submit a list of services provided and costs not listed in the Scope of Services or Price Sheets. The City reserves the right to negotiate costs prior to approval of the Agreement. Item 1I-23 Contract No. __________________ Exhibit B - 1 EXHIBIT “B” SCHEDULE OF SERVICES The term of this Agreement shall be from October 1, 2022, to June 30, 2027, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than 3 additional one-year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. Item 1I-24 Contract No. __________________ Exhibit C - 1 EXHIBIT “C” COMPENSATION In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles-Riverside-Orange Counties. The City and Contractor may review the CPI on an annual basis and recommend adjustments to the City Manager or City Council for approval. Any increase shall not exceed the Consumer Price Index. The total compensation shall not exceed Seventy-Five Thousand Dollars ($75,000.00) annually without written approval of the City Council or City Manager, as applicable. Price Sheet schedule is as follows: Item 1I-25 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded to Courtmaster Sports, Inc, (hereinafter referred to as the “Contractor”) an agreement for Court Resurfacing Project (hereinafter referred to as the “Project”). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated September 29, 2022, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, Courtmaster Sports, Inc., the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the annual sum of Seventy-Five Thousand Dollars ($75,000.00), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option: (1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or Item 1I-26 (2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code. [SIGNATURES ON NEXT PAGE] Item 1I-27 IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20____. (Corporate Seal) Contractor/ Principal By Title (Corporate Seal) Surety By Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________. (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) (Name and Address of Agent or Representative for service of process in California, if different from above) (Telephone number of Surety and Agent or Representative for service of process in California) NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. Item 1I-28 NOTE: This acknowledgment is to be completed for Contractor/Principal. Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above Item 1I-29 NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached. Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above Item 1I-30 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of Palm Desert (hereinafter designated as the “City”), by action taken or a resolution passed September 29, 2022, has awarded to Courtmaster Sports, Inc., hereinafter designated as the “Principal,” a contract for the work described as follows: Sports Court Resurfacing Project (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated September 29, 2022 (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal annual sum of Seventy-Five Thousand Dollars ($75,000.00) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining Item 1I-31 or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code. [SIGNATURES ON NEXT PAGE] Item 1I-32 IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__. (Corporate Seal) Contractor/ Principal By Title (Corporate Seal) Surety By Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto. NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. Item 1I-33 NOTE: This acknowledgment is to be completed for Contractor/Principal. Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above Item 1I-34 NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of- Attorney to local representatives of the bonding company must also be attached. Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above Item 1I-35 City of Palm Desert PW - Operations & Maintenance Andy Ramirez, Deputy Director 73-510 Fred Waring Drive, Palm Desert, CA 92260 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-137 Sport Courts Resurfacing Project RESPONSE DEADLINE: August 31, 2022 at 10:00 am Report Generated: Wednesday, September 7, 2022 Courtmaster Sports, Inc. Proposal CONTACT INFORMATION Company: Courtmaster Sports, Inc. Email: jeff@courtmastersports.com Contact: Jeffrey Brooker Address: P.O. Box 580795 North Palm Springs, CA 92258 Phone: (760) 251-5201 Website: www.courtmastersports.com Submission Date: Aug 31, 2022 9:05 AM Item 1I-36 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-137 Sport Courts Resurfacing Project PROPOSAL DOCUMENT REPORT Request For Proposal - Sport Courts Resurfacing Project Page 2 ADDENDA CONFIRMATION No addenda issued QUESTIONNAIRE 1. Proposal (WITHOUT COST)* Proposals shall be concise, well organized and demonstrate qualifications and applicable experience. Proposals shall be organized, and include page numbers for all pages in the proposal. The proposal shall be uploaded here, in the following order and shall include: A. Cover Letter 1. This letter should briefly introduce the firm, summarize the firm’s general qualifications, include an executive summary of the specific approach which will be used to deliver the work scope; and identify the individual(s) name, address and phone number authorized to negotiate Agreement terms and compensation. B. Experience and Technical Competence 1. Background: Provide history of the firm’s consulting experience which specifically addresses the individual or firm’s experience with similar Service as described in this RFP. 2. References: The proposal shall include a list of recently completed projects that are similar in scope and function to this RFP. Provide a description of the project, client name, and the name, title, and telephone number of the primary contact person. C. Firm Staffing and Key Personnel 1. Staffing: Provide the number of staff to be assigned to perform the Services and the names/discipline/job title of each as well as your firm’s capacity to provide additional personnel as needed. 2. Key Personnel: Identify key persons that will be principally responsible for working with the City. Indicate the role and responsibility of each individual. Item 1I-37 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-137 Sport Courts Resurfacing Project PROPOSAL DOCUMENT REPORT Request For Proposal - Sport Courts Resurfacing Project Page 3 3. Team Organization: Describe proposed team organization, including identification and responsibilities of key personnel. 4. Subcontractors: The Proposer shall identify functions that are likely to be subcontracted and identify the subcontractor that is anticipated to perform each function. D. Proposed Method to Accomplish the Work 1. Describe the technical and management approach to providing the Services to the City. Proposer should take into account the scope of the Services, and general functions required. Include a draft first year schedule of tasks, milestones, and deliverables that will provide for timely provision of the Services. In reviewing the scope of Services and goals described herein, the Proposer may identify additional necessary tasks and is invited to bring these to the City’s attention within the discussion of its proposed method to accomplish the work. City_of_Palm_Desert_2022-RFP-137.pdf 2. Non-Collusion Declaration* The undersigned declares: I am an authorized representative of my company, the party making the foregoing Bid, to certify the following. The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, so ught by agreement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The B idder has not, directly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does exec ute, this declaration on behalf of the Bidder. Item 1I-38 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-137 Sport Courts Resurfacing Project PROPOSAL DOCUMENT REPORT Request For Proposal - Sport Courts Resurfacing Project Page 4 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Confirmed 3. Enter your valid CA Contractors State License Board (CSLB) number* Please enter your License Number here. This will be verified against the state database 748731 Click to Verify Value will be copied to clipboard 4. Enter your California Department of Industrial Relations (DIR) Registration number* Please enter your Public Works Contractor DIR Number. This will be verified against the state database. 1000030526 Click to Verify Value will be copied to clipboard 5. Type of Business* C Corporation (if corporation, two signatures are required) 6. Litigation* Provide litigation history for any claims filed by your firm or against your firm related to the provision of Services in the last five (5) years (or type "N/A"). N/A 7. Changes to Agreement* The City standard professional services agreement contract is included as an attachment herein. The Proposer shall identify any objections to and/or request changes to the standard contract language in this section of the proposal (or type "N/A"). If you are Item 1I-39 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-137 Sport Courts Resurfacing Project PROPOSAL DOCUMENT REPORT Request For Proposal - Sport Courts Resurfacing Project Page 5 identifying changes here ALSO upload a copy of the redlined Language/Agreement with your Proposal. Changes requested may effect the City's decision to enter into an Agreement. N/A 8. No Deviations from the RFP* In submitting a proposal in response to this RFP, Proposer is certifying that it takes no exceptions to this RFP including, but not limited to, the Agreement. If any exceptions are taken, such exceptions must be clearly noted here, and may be reason for rejection of the proposal. As such, Proposer is directed to carefully review the proposed Agreement and, in particular, the insurance and indemnification provisions therein (or type "N/A"). N/A 9. Project Team Resumes* Submit resumes of all key personnel/support staff that will produce work product for the Servic es. Describe their qualifications, education, and professional licensing. Abraham_Pelayo_Resume.pdfLouise_Rupp_Resume.pdfJeffrey_Resume.pdf 10. List the Signatory(s) Authorized to Sign and Bind an Agreement.* (If two (2) signatures are required, include the following information for both signatories) A. Full Name B. Title C. Physical Business Address D. Email Address E. Phone Number A. Jeffrey D. Brooker Item 1I-40 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-137 Sport Courts Resurfacing Project PROPOSAL DOCUMENT REPORT Request For Proposal - Sport Courts Resurfacing Project Page 6 B. President and Secretary C. 64615 Dillon Rd., North Palm Springs, CA 92258 D. admin@courtmaster.com E. 760-251-5201 11. Certification of Proposal: The undersigned hereby submits its proposal and, by doing so, agrees to furnish services in accord ance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.* Confirmed PRICE TABLES COURT RESURFACING PROJECT Price Sheet Line Item Description Quantity Unit of Measure Unit Cost Total 1 Complete resurfacing of Four (4) Pickleball Courts. 1 LS $11,000.00 $11,000.00 2 Complete resurfacing of One (1) Tennis Court. 1 LS $8,750.00 $8,750.00 3 Complete resurfacing of One (1) Basketball Court. 1 LS $8,400.00 $8,400.00 4 Common area resurfacing, including expansion joint repairs. 1 100 sqft $125.00 $125.00 5 Tennis Court Repair Technician Hourly Rate 1 Hourly Rate $100.00 $100.00 6 Tennis Court Repair Supervisor, if required, Hourly Rate 1 Hourly Rate $0.00 $0.00 Item 1I-41 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-137 Sport Courts Resurfacing Project PROPOSAL DOCUMENT REPORT Request For Proposal - Sport Courts Resurfacing Project Page 7 Line Item Description Quantity Unit of Measure Unit Cost Total 7 Wind Screen Install Technician, Hourly Rate 1 Hourly Rate $100.00 $100.00 8 Wind Screen Install Supervisor, if required, Hourly Rate 1 Hourly Rate $0.00 $0.00 9 Large Equipment (Delivery, Skid-steer, Pettibone forklift, etc.) 1 Hourly Rate $150.00 $150.00 Item 1I-42 Page 1 COURTMASTER SPORTS, INC. P. O. Box 580795, North Palm Springs, CA 92258 Tel: 760-251-5201 Fax: 760-251-5200 email: admin@courtmastersports.com Courtmaster Sports, Inc. Calif. Lic. #748731 Nevada Lic. #42709B August 30, 2022 CITY OF PALM DESERT Sports Court Resurfacing Project Project #: 946-23 Attn: Randy Chavez Dear Randy, Enclosed please fine our proposal for the sports court resurfacing project RFP-137. We are a general engineering contractor that specialized in sport and recreation maintenance and construction. We have been in business for 42 years and have built and maintained some of the deserts finest facilities. If awarded this contract, we will identify and prioritize the work in order of liability first and aesthetics second. The basketball courts wear out under the goals and become slippery. Some of the expansion joints are tripping hazards. We will arrange to repair and or resurface these courts first. Additionally, we will design a schedule that accounts for weather and seasonal usage conditions for the balance of the work. Our office manager Louise Rupp is available from 8:00am to 5:00pm Monday through Friday to assist with negotiations and billing matters contact Louise or Jeffrey at 760-251-5201 during business hours or 760-464-9929 after hours. If you should have any questions or require any additional information, please do not hesitate to contact our office. Respectfully submitted, Jeff Brooker Director of Operations Item 1I-43 Page 2 COURTMASTER SPORTS, INC. P. O. Box 580795, North Palm Springs, CA 92258 Tel: 760-251-5201 Fax: 760-251-5200 email: admin@courtmastersports.com CITY OF PALM DESERT Sports Court Resurfacing Project Project #: 946-23 Experience and Technical Competence 1. Background: Our experience with the repairing and resurfacing of tennis, basketball and pickleball courts is substantial. This division of our company is our main stream of income. Of our 42 years of service, 37 years has been resurfacing sport courts. We have intrinsic knowledge of every court in Palm Deserts’ Recreation District because of our prior court maintenance agreement. 2. References: Four your perusal, the following is a list of references: 1. The Vintage Club Scott Burler 617-678-8148 2. Rancho Las Palmas Vicente Ferrer 310-561-0026 3. Chaparral Country Club Todd Meginness 760-340-1893 ext. 102 4. Thunderbird Country Club Brett Draper 760-770-6188 5. PGA West Matt Samson 760-564-3963 6. City of Henderson Kirk Niemand 702-267-5840 7. City of Pahrump Jimmy Martinez 775-727-2821 Item 1I-44 Page 3 COURTMASTER SPORTS, INC. P. O. Box 580795, North Palm Springs, CA 92258 Tel: 760-251-5201 Fax: 760-251-5200 email: admin@courtmastersports.com CITY OF PALM DESERT Sports Court Resurfacing Project Project #: 946-23 Firm Staffing and Key Personnel 1. Staffing: We operate in two states; Las Vegas, Nevada and North Palm Springs, California. We field four 2-man crews that can roam between Palm Desert and Las Vegas if needed. We can perform the majority of the work with one or two crews depending on time sensitivity. Our crew leaders are Abraham Pelayo Cordero, 10 years; Justo Gonzalez, 4 years; Antonio Daza, 20 years and Jeffrey Brooker, 3 years. Their skill sets include: windscreen, crack repair, court surface removal, replacing concrete, expansion joint reconstruction, material mix designs, and application of surface material, striping, net replacement, post repairs and court washing. All of the crew leaders have helpers that are learning the trade and advancing their skill set. 2. & 3. Key Personnel and Team Organization: This contract will require a three person management team. Our team consists of (No.1) Office Manager for scheduling and dispatching crews, (No. 2) our Field Operations Manager for expediting our tasks and logistics for material deliveries and (No. 3) our Head Foreman for quality control. 1. Office Manager: Louise Rupp 760-251-5201 2. Field Operations: Jeffrey Brooker 760-464-4243 3. Head Foreman: Abraham Pelayo Cordero 442-256-0515 4. Subcontractors: We will contract with United Site Services to install temporary construction fencing. Fencing will remain in place until the court is signed-off and is safe. Item 1I-45 Page 4 COURTMASTER SPORTS, INC. P. O. Box 580795, North Palm Springs, CA 92258 Tel: 760-251-5201 Fax: 760-251-5200 email: admin@courtmastersports.com CITY OF PALM DESERT Sports Court Resurfacing Project Project #: 946-23 Proposed Method to Accomplish the Work Our approach to providing the sports court resurfacing and maintenance services are as follows: A. First year schedule will be focused on the basketball courts located at Civic Center Park, Hovley Park, Joe Mann Park, Palma Village Park and University Park. Any safety issues at other sites will be addressed as well. B. Unsafe, over width and vertically displaced expansion joints will be cleared of existing fillers, levelled and reconstructed with acrylic modified cement. A control joint will be saw-cut longitudinally for expansion and contraction. C. We will adhere to scope provided in 3.2 surfacing A-G. D. We will reattach windscreen as needed and replace when deemed necessary by the city. E. We stock tennis, pickleball and basketball nets in our warehouse for immediate scheduling. F. All net posts will be serviced and repainted upon completion of tennis and/or pickleball resurfacing. G. An achievable milestone in this contract will be the successful completion of four basketball courts, reparation of any safety issues and any replacement of court equipment. We will acquire a mutual understanding of the physical work and the payment process. H. Moving forward, we will have the experience to undertake the scopes at the larger parks in the system. Item 1I-46 ABRAHAM PELAYO CORDERO 80661 Calyx Ave., Indio, CA 92201 pelayo.abraham14@gmail.com | 442-256-0515 SKILLS & ABILITIES  Break out and replace heaving concrete  Surface removal with grinder  Core drilling  Expansion joint reconstruction  Net post repair  Windscreen repair and replacement  Fence repair and painting  Court washing EXPERIENCE HEAD FOREMAN COURTMASTER SPORTS, INC. SEPTEMBER 2012 - PRESENT  Repair and resurface tennis and sport courts Item 1I-47 LOUISE RUPP 81220 Palm Meadows Dr., Indio, CA 92201 admin@courtmastersports.com | 760-251-5201 SKILLS & ABILITIES Fork lift operator Court washing Court layout and striping EXPERIENCE OFFICE MANAGER COURTMASTER SPORTS, INC. AUGUST 2014 - PRESENT Answer phone and email requests for proposals Schedule inspections and Work Orders Create bid documents and contracts Negotiate contracts and schedule work Create pay applications and invoices Collect time cards and work with payroll specialists Item 1I-48 JEFFREY J BROOKER 66211 Desert View Dr., Desert Hot Springs, CA 92240 jjbrod03@gmail.com | 760-464-4243 SKILLS & ABILITIES Equipment operator Court washing Court layout and striping EXPERIENCE FIELD OPERATIONS MANAGER COURTMASTER SPORTS, INC. JUNE 2019 - PRESENT Meet crews in the morning to discuss schedule and equipment needed Visit job sites to expedite work and quality control Visit courts for inspections Order materials and logistics Item 1I-49 [This page has intentionally been left blank.] Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: September 29, 2022 PREPARED BY: Rosie Lua, Planning Manager REQUEST: INTRODUCE AN ORDINANCE AMENDING TITLE 2 (ADMINISTRATION AND PERSONNEL) OF THE PALM DESERT MUNICIPAL CODE ADDING CHAPTER 2.22 ESTABLISHING THE ARCHITECTURAL REVIEW COMMISSION RECOMMENDATION: Waive further reading and pass to second reading an Ordinance amending Title 2 (Administration and Personnel) of the Palm Desert Municipal Code (PDMC), adding Chapter 2.22 establishing the Architectural Review Commission. BACKGROUND/ANALYSIS: The City of Palm Desert, at its inception as a city, established an architectural review process by way of the “Architectural Review Process and Board.” The name referred to this reviewing body would change over time, including its membership ranging from five (5) to seven (7) members. The professional expertise has consisted of architects, civil engineers, landscape architects, and those with some knowledge of the development community; however, the membership composition has varied. On March 25, 1993, Ordinance No. 710 established the Architectural Review Commission (ARC) as the name of the reviewing body to include the responsibilities of architecture and landscape design. On April 12, 2012, Ordinance No. 1238 increased membership from seven to nine (7-9), absorbing the Landscape Beautification Committee to help broaden the representation of items reviewed by the Commission. On September 12, 2013, Ordinance No.1259 amended Chapter 25.68 (Decisions by the ARC), establishing the findings and responsibilities of the ARC; however, the ARC bylaws were inadvertently removed from the PDMC in their entirety. On January 23, 2020, the City Council held a study session and appointed a subcommittee to conduct an in-depth evaluation of the City’s Committees and Commissions. On November 19, 2020, a staff report was approved by the City Council, providing a comprehensive overview of the subcommittee’s findings, including 22 recommendations and areas identified for further review, including that of the ARC. The Procedures and Polices recommended a thorough review of the current bylaws for all Committees and Commissions and recommendations to the City Council accordingly. Item 2A-1 City of Palm Desert Adding Chapter 2.22 – Establishing the Architectural Review Commission Page 2 of 3 On June 7, 2022, staff provided a comprehensive overview of the ARC to the Committee and Commission Subcommittee, including staff’s recommendations to re-establish the ARC bylaws in the PDMC. Staff’s proposed recommendations to the Subcommittee as the following: •Reduce membership from nine (9) to five (5) members. •Membership to include professional expertise in landscape design. •Allow membership for a nonresident with professional expertise as an architect or landscape architect/designer. After much discussion, the consensus was that the membership composition was better served if the ARC consisted of seven (7) members to further diversify the reviewing body and allocate for recurring recusals resulting in a lack of quorum. Currently, nine (9) voting members are allotted for the ARC and are effectively conducting business with six (6) appointed members. There are three (3) professional architects, one (1) professional landscape architect/designer, one (1) development industry professional, and one (1)member of the public who represents the community at large and is knowledgeable in the design, landscape, or architectural field. Staff’s recommendation for this Ordinance amendment is highlighted below: A.Membership shall consist of seven (7) voting members appointed by the City Council. B.At all times, the Commission shall strive to maintain a membership composition that includes the following: 1.Architect, three (3) members: 2. Landscape architect/designer, one (1) member. And may include, three (3) members, the following: 3. Development industry professional. 4.Member of the public who represents the community at large and is knowledgeable in the design, landscape, or architectural field. 5.Nonresident with professional expertise as an architect or landscape architect/designer. Strategic Plan: Land Use, Housing & Open Space – Priority 5: “Utilize progressive land use policies and standards to support ongoing and future needs.” Item 2A-2 City of Palm Desert Adding Chapter 2.22 – Establishing the Architectural Review Commission Page 3 of 3 Environment Review: This Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that the Ordinance would not have the potential or possibility of causing a significant effect on the environment. FINANCIAL IMPACT: There is no direct financial impact associated with this action. REVIEWED BY: Department Director: Chris Escobedo City Attorney: Robert Hargreaves Director of Finance: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1. Ordinance Item 2A-3 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING TITLE 2 (ADMINISTRATION AND PERSONNEL) OF THE PALM DESERT MUNICIPAL CODE, ADDING CHAPTER 2.22 ESTABLISHING THE ARCHITECTURAL REVIEW COMMISSION WHEREAS, Title 2 (Administration and Personnel) of the Palm Desert Municipal Code (PDMC) establishes provisions for the City of Palm Desert (“City”) Commissions; and WHEREAS, the City Council of the City of Palm Desert desires to enact this Ordinance to make such updates, clarifications, and revisions to the PDMC; 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. THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Recitals. The City Council finds that the above recitals are true and correct and, accordingly, are incorporated as a material part of this Ordinance. SECTION 2. Amendment to PDMC. Addition of PDMC Chapter 2.22 Architectural Review Commission (ARC) is hereby added to the PDMC as follows: 2.22 Architectural Review Commission (ARC) 2.22.010 Architectural Review Commission established. The Architectural Review Commission (“ARC”) is hereby established for the following purpose and shall have the following responsibilities: A. Purpose. The ARC reviews the building architecture and landscape design of commercial, office, industrial, and residential development, deviations, or otherwise as stated in the municipal code and modifications to previously approved projects to assure compatibility with the City's policies and objectives. B. Responsibilities. 1. Review and make recommendations to the Planning Commission for precise plans, development plans, conditional use permits, variances, and planned community developments, and/or as otherwise indicated in Section 25.60.070; 2. Conduct final approval for design review and sign design review pursuant to Chapter 25.68 and/or as otherwise indicated in Section 25.60.070; Item 2A-4 Ordinance No. _____ Page 2 3. Recognize the interdependence of land values and aesthetics and provide a method by which the City may implement this interdependence to its benefit; 4. Ensure the architectural design of buildings or structures and landscaping of developed areas and open spaces are visually harmonious with surrounding development and the natural environments; 5. Promote high-quality aesthetics and visual interest when considering developments to attain the most desirable use of land and improvements; and 6. Encourage the development of private and public property in harmony with the desired character of the City and in conformance with the guidelines provided in Title 25 (Zoning) with due regard for the public and private interests involved. The provisions set forth in Chapter 2.34 shall apply to this commission, except as otherwise required by state law. If there is any conflict or inconsistency between the provisions of this chapter and those in Chapter 2.34, the provisions of this chapter will control. 2.22.020 Membership A. ARC shall consist of seven (7) regular members. B. At all times, the Commission shall strive to maintain a membership composition that includes the following professionals: 1. Architect, three (3) members. 2. Landscape Architect/Designer, one (1) member. And may include three (3) members, the following: 3. Development Industry professional. 4. Member of the public who represents the community at large and is knowledgeable in the design, landscape, or architectural field. 5. Nonresident with professional expertise as an Architect or Landscape Architect/Designer. C. Secretary. The Director of Development Services or designee shall serve as the official secretary to the ARC. Item 2A-5 Ordinance No. _____ Page 3 2.22.030 Meetings A. Regular Meetings The ARC may hold two (2) regular meetings per month at such time and place as fixed by resolution. B. Disqualification of members for interest in properties. 1. Any ARC member who is employed to execute a plan, building, or structure of any kind requiring Commission approval or who will take part in the competition for any such building or structure shall be disqualified from voting, recuse oneself, and step down from proceedings on that item. 2. Projects associated with Commission members before the ARC shall be filed under the same rules, procedures, and guidelines as all other projects as set forth in Chapter 25 of the municipal code. SECTION 3. California Environmental Quality Act (CEQA). The City Council hereby finds and determines that this Ordinance is exempt from CEQA pursuant to State CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that the Ordinance would not have the potential or possibility of causing a significant effect on the environment. Specifically, the proposed changes to the PDMC are primarily procedural and administrative in nature. Moreover, the changes are technical in nature and do not allow for a specific development. In reviewing the Ordinance, the City Council has exercised its independent judgment and has reviewed and considered the Ordinance in light of all testimony received, both oral and written. Therefore, based upon the entire administrative record, the City Council hereby determines that no further environmental review is required for the Ordinance. SECTION 4. Severability. If any section, subsection, clause, or phrase of this Ordinance or any part thereof is for any reason held to be invalid, unconstitutional, or unenforceable by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of the Ordinance. The City Council declares that it would have passed each section, subsection, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause, or phrase would be declared invalid, unconstitutional, or unenforceable. SECTION 5. Publication. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this Ordinance in The Desert Sun, a newspaper of general circulation, published, and circulated in the City of Palm Desert, California, and shall be in full force and effective thirty (30) days after its adoption. ADOPTED ON ________________, 20___. Item 2A-6 Ordinance No. _____ Page 4 JAN C. HARNIK MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK Item 2A-7 Ordinance No. _____ Page 5 I, Anthony J. Mejia, City Clerk of the City of Palm Desert, California, do hereby certify that Ordinance No. ____ is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Desert City Council on _________, 20___, and adopted at a regular meeting of the City Council held on __________, 20___, by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSED: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ______________, 20___. ANTHONY J. MEJIA CITY CLERK Item 2A-8 CITY OF PALM DESERT STAFF REPORT MEETING DATE: September 29, 2022 PREPARED BY: Randy Chavez, Community Services Manager Shawn Muir, Management Analyst Andy Ramirez, Deputy Director of Public Works REQUEST: CONSIDER AMENDMENT TO ORDINANCE NO. 1374 § 1 AND ORDINANCE 1258 § 1, REVISING CHAPTER 24.04.060 (INVASIVE PLANT SPECIES) OF THE PALM DESERT MUNICIPAL CODE RELATING TO PROHIBITED LANDSCAPE MATERIALS FOR DEVELOPMENT DESIGN AND INSTALLATION RECOMMENDATION: Waive further reading and pass to second reading an Ordinance revising Chapter 24.04.060 (Invasive Plant Species) of the Palm Desert Municipal Code. BACKGROUND/ANALYSIS: The City of Palm Desert is a leader in the Coachella Valley regarding operating and maintaining City-managed environments, conservation, and landscaping. The Palm Desert Municipal Code reflects this with sections on landscape design, water conservation, and invasive plant species. After a review, Staff determined that additional prevention measures are needed to evade the planting of nuisance species due to root systems that often negatively impact sidewalk and roadway public safety. Therefore, staff recommends an update to the City’s Municipal Code Section 24.04.060 to include examples of prohibited nuisance species for new municipal, residential, and commercial development. This code update uses the guidance of the California Invasive Plant Inventory and United States Department of Agriculture (USDA) invasive noxious weeds database to identify invasive and noxious plant materials, such as the Mexican fan palm (Washingtonia robusta). Staff have also identified certain uses of non-prohibited plants that create a nuisance within public rights of way and on private property in the City. For example, planting of the North Indian rosewood tree (Dalbergia sissoo) causes buckling of paved areas when planted near parking lots and sidewalks leading to potential safety issues and increased maintenance costs. Also, Pencil Cactus (Euphorbia tirucalli) produces a poisonous latex that can cause temporary blindness. Therefore, such plants will not be planted within the City and will be prohibited in any new private developments requiring City-approved landscaping plans. Commission Recommendation: The Architectural Review Commission was provided a presentation on the Ordinance updates at a Special Meeting on Tuesday, August 30, 2022. The Commission unanimously concurred with the above Staff recommendation and requested future public outreach to residents and local nurseries regarding allowable plant species. Item 2B-1 City of Palm Desert Amendment to Ordinance 24.04.060 Invasive Plant Species Page 2 of 2 FINANCIAL IMPACT: There is no immediate impact to the General Fund. This action aims to reduce future liabilities and maintenance costs. REVIEWED BY: Department Director: Martin Alvarez City Attorney: Robert Hargreaves Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1.Invasive Plant Species Ordinance (Redline Version) 2.Invasive Plant Species Ordinance (Clean Version) Item 2B-2 Attachment 1 INVASIVE PLANT SPECIES ORDINANCE (REDLINE VERSION) ORDINANCE NO. ______________________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 24.04.060 (INVASIVE PLANT SPECIES) AS RELATED TO PROHIBITED LANDSCAPE MATERIALS FOR DEVELOPMENT DESIGN AND INSTALLATION WHEREAS, in 2022 and 2013, the City Council approved Ordinance No. 1374 § 1, and Ord. 1258 § 1, respectively, (Chapter 24.04.060 of the Municipal Code) which prohibited invasive plants invasive noxious weeds from landscape design; and WHEREAS, the Code references the California Invasive Plant Inventory and USDA invasive noxious weeds database; and WHEREAS, staff have determined that additional local plants are invasive, noxious, or otherwise detrimental to the maintenance of landscaped areas of the City. Amending the Ordinances would prohibit NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Recitals. The City Council finds that the above recitals are true and correct and, accordingly, are incorporated as a material part of this Ordinance. Section 2. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) because this ordinance is merely clarifying existing law and making minor changes to the City’s existing Municipal Code and pursuant to 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because these clarifications and minor modifications to the City’s Municipal Code have no potential for resulting in physical change to the environment, directly or indirectly. Section 3. Amendment to Municipal Code. Chapter 24.04.060 of the City of Palm Desert, California, Municipal Code shall be amended and restated to read as follows: 24.04.060 Invasive, noxious, and nuisance plant species. A.Purpose and Intent. The purpose of this Section 24.04.060 is to; (1) preserve the public health and safety, (2) protect public and private property from the damaging Item 2B-3 Attachment 2 – Invasive Plant Species (Redline Version) Page 2 of 4 spread of invasive, noxious and nuisance plants and; (3) to protect indigenous plants and wildlife. B.Definitions: As used in this Section, the following terms shall have the meanings indicated: Invasive Plant Species – An “invasive plant species” is any plant species that is: (1) non-native to the ecosystem under consideration; and (2) whose introduction may cause or causes economic or environmental harm or harm to human health. For the purposes of this Chapter, Invasive Plant Species include any plant species listed on the California Invasive Plant Inventory and/or the U.S. Department of Agriculture Invasive and Noxious Plant Database, regardless of rating (watch, limited, moderate or high). Noxious Plant Species – A “noxious plant species” is any plant species that is injurious to agricultural crops, natural habitats/ecosystems, and/or humans and livestock. For the purposes of this Chapter, Noxious Plant Species include any plant species designated by the weed control regulations in the federal Noxious Weed Control and Eradication Act of 2004 and identified on a regional district noxious plant species control list. Nuisance Plant Species – A “nuisance plant species” is any plant species that is either: (1) not designated as “noxious” or “invasive” in this Section 24.04.060, but may cause or causes a threat to public health and safety or (2) is designated as “noxious” or “invasive” but requires special attention to avoid potential threats to public health and safety. Nuisance Plant Species include, but are not limited to, the following species: Washingtonia robusta, Dalbergia sissoo and Euphorbia tirucalli. C.Prohibitions. All plant species categorized as “invasive”, “noxious”, and “nuisance” are hereby prohibited within the City’s jurisdiction. This prohibition includes, but is not limited to, the following: (1)Plant species categorized as “invasive”, “noxious”, or “nuisance” are prohibited from use in landscape design plans as outlined in Section 24.04.050 of Title 24 of the Palm Desert Municipal Code. (2)Plant species categorized as “invasive”, “noxious”, or “nuisance” shall not be installed on City property, including parks, parkway areas, and rights of way. (3)Plant species categorized as “invasive”, “noxious”, or “nuisance” shall not be installed on private property. D.Violations and Penalties. Any new development that plants or replants a species categorized as “invasive”, “noxious”, or “nuisance” within the City’s Item 2B-4 Attachment 2 – Invasive Plant Species (Redline Version) Page 3 of 4 jurisdiction shall be in violation of this Section 24.04.060 and shall be subject to the enforcement and penalties set forth in Section 24.04.140 of Title 24 of the Palm Desert Municipal Code. Noxious weeds are any weed designated by the weed control regulations in the Noxious Weed Control and Eradication Act of 2004 and identified on a regional district noxious weed control list. Plants listed as noxious or invasive by the California Invasive Plant Inventory or USDA invasive noxious weeds database, as amended, regardless of rating (watch, limited, moderate, or high), are prohibited in a landscape design. Nuisance and invasive tree and plant pallets shall not be installed in City parks, parkway areas, parking lots, the right of way, nor on private property that may cause a threat to public safety. Prohibited plant materials also include and are not limited to Washingtonia robusta, Dalbergia sissoo and Euphorbia tirucalli. Section 4. Severability. If any section, subsection, clause or phrase of this Ordinance or any part thereof is for any reason held to be invalid, unconstitutional, or unenforceable by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of the Ordinance. The City Council declares that it would have passed each section, subsection, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause or phrase would be declared invalid, unconstitutional or unenforceable. Section 5. Publication. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this Ordinance in the Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and 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 this ______ day of ________, 2022, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ________________________________ JAN C. HARNIK, MAYOR Item 2B-5 Attachment 2 – Invasive Plant Species (Redline Version) Page 4 of 4 ATTEST: _________________________________ ANTHONY J. MEJIA, CITY CLERK CITY OF PALM DESERT, CALIFORNIA Item 2B-6 Attachment 2 INVASIVE PLANT SPECIES ORDINANCE (CLEAN VERSION) ORDINANCE NO. ______________________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 24.04.060 (INVASIVE PLANT SPECIES) AS RELATED TO PROHIBITED LANDSCAPE MATERIALS FOR DEVELOPMENT DESIGN AND INSTALLATION WHEREAS, in 2022 and 2013, the City Council approved Ordinance No. 1374 § 1, and Ord. 1258 § 1, respectively, (Chapter 24.04.060 of the Municipal Code) which prohibited invasive plants invasive noxious weeds from landscape design; and WHEREAS, the Code references the California Invasive Plant Inventory and USDA invasive noxious weeds database; and WHEREAS, staff have determined that additional local plants are invasive, noxious, or otherwise detrimental to the maintenance of landscaped areas of the City. Amending the Ordinances would prohibit NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Recitals. The City Council finds that the above recitals are true and correct and, accordingly, are incorporated as a material part of this Ordinance. Section 2. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) because this ordinance is merely clarifying existing law and making minor changes to the City’s existing Municipal Code and pursuant to 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because these clarifications and minor modifications to the City’s Municipal Code have no potential for resulting in physical change to the environment, directly or indirectly. Section 3. Amendment to Municipal Code. Chapter 24.04.060 of the City of Palm Desert, California, Municipal Code shall be amended and restated to read as follows: 24.04.060 Invasive, noxious, and nuisance plant species. A. Purpose and Intent. The purpose of this Section 24.04.060 is to; (1) preserve the public health and safety, (2) protect public and private property from the damaging Item 2B-7 Attachment 2 – Invasive Plant Species (Clean Version) Page 2 of 3 spread of invasive, noxious and nuisance plants and; (3) to protect indigenous plants and wildlife. B. Definitions: As used in this Section, the following terms shall have the meanings indicated: Invasive Plant Species – An “invasive plant species” is any plant species that is: (1) non-native to the ecosystem under consideration; and (2) whose introduction may cause or causes economic or environmental harm or harm to human health. For the purposes of this Chapter, Invasive Plant Species include any plant species listed on the California Invasive Plant Inventory and/or the U.S. Department of Agriculture Invasive and Noxious Plant Database, regardless of rating (watch, limited, moderate or high). Noxious Plant Species – A “noxious plant species” is any plant species that is injurious to agricultural crops, natural habitats/ecosystems, and/or humans and livestock. For the purposes of this Chapter, Noxious Plant Species include any plant species designated by the weed control regulations in the federal Noxious Weed Control and Eradication Act of 2004 and identified on a regional district noxious plant species control list. Nuisance Plant Species – A “nuisance plant species” is any plant species that is either: (1) not designated as “noxious” or “invasive” in this Section 24.04.060, but may cause or causes a threat to public health and safety or (2) is designated as “noxious” or “invasive” but requires special attention to avoid potential threats to public health and safety. Nuisance Plant Species include, but are not limited to, the following species: Washingtonia robusta, Dalbergia sissoo and Euphorbia tirucalli. C. Prohibitions. All plant species categorized as “invasive”, “noxious”, and “nuisance” are hereby prohibited within the City’s jurisdiction. This prohibition includes, but is not limited to, the following: (1) Plant species categorized as “invasive”, “noxious”, or “nuisance” are prohibited from use in landscape design plans as outlined in Section 24.04.050 of Title 24 of the Palm Desert Municipal Code. (2) Plant species categorized as “invasive”, “noxious”, or “nuisance” shall not be installed on City property, including parks, parkway areas, and rights of way. (3) Plant species categorized as “invasive”, “noxious”, or “nuisance” shall not be installed on private property. D. Violations and Penalties. Any new development that plants or replants a species categorized as “invasive”, “noxious”, or “nuisance” within the City’s Item 2B-8 Attachment 2 – Invasive Plant Species (Clean Version) Page 3 of 3 jurisdiction shall be in violation of this Section 24.04.060 and shall be subject to the enforcement and penalties set forth in Section 24.04.140 of Title 24 of the Palm Desert Municipal Code. Section 4. Severability. If any section, subsection, clause or phrase of this Ordinance or any part thereof is for any reason held to be invalid, unconstitutional, or unenforceable by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of the Ordinance. The City Council declares that it would have passed each section, subsection, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause or phrase would be declared invalid, unconstitutional or unenforceable. Section 5. Publication. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this Ordinance in the Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and 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 this ______ day of ________, 2022, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ________________________________ JAN C. HARNIK, MAYOR ATTEST: _________________________________ ANTHONY J. MEJIA, CITY CLERK CITY OF PALM DESERT, CALIFORNIA Item 2B-9 [This page has intentionally been left blank.] Page 1 of 4 CITY OF PALM DESERT STAFF REPORT MEETING DATE: September 29, 2022 PREPARED BY: Randy Bowman, Deputy Public Works Director Eric Ceja, Economic Development Director REQUEST: AWARD CONTRACT TO INTERWEST CONSULTING GROUP, INC., OF PERRIS, CALIFORNIA, FOR DESIGN AND ENGINEERING SERVICES OF LUPINE PLAZA IN THE AMOUNT OF $562,135 (PROJECT NO. 810-22) RECOMMENDATION: 1. Award a Contract to Interwest Consulting Group, Inc., of Perris, California, for design and engineering services of Lupine Plaza in the amount of $562,135. 2. Authorize the City Manager or designee to review and approve written contract amendment requests per Section 3.30.170 of the Palm Desert Municipal Code. 3. Authorize the City Manager or designee to execute the agreement and any documents necessary to effectuate the actions taken herewith. BACKGROUND/ANALYSIS: Strategic Plan: This project will advance the following goals of the Strategic Plan: • Land Use, Housing & Open Space – Priority 1: Enhance Palm Desert as a first-class destination for premier shopping and national retail businesses. • Land Use, Housing & Open Space – Priority 5: Utilize progressive land-use policies and standards to support ongoing and future needs. • Tourism and Marketing – Priority 1: Improve access to Palm Desert and its attractions to enhance the ease of lifestyle. • Transportation – Priority 1: Create walkable neighborhoods and areas within Palm Desert that would include residential, retail, services and employment centers, and parks, recreation, and open space to reduce the use of low occupancy vehicles. Background: In September 2020, as a response to the State of California’s COVID-19 restrictions on business operations, the City of Palm Desert (City) installed a temporary plaza that closed traffic in a section of Lupine Lane north of El Paseo. The plaza provided an outdoor rest and eating area for visitors to El Paseo and a space for local restaurants to serve food. On June 10, 2021, the City Council directed staff to release a Request for Proposals (RFP) to seek design firms that could facilitate the creation of a permanent public plaza. The City Council Item 2C-1 City of Palm Desert Lupine Plaza Design Services Page 2 of 4 also directed staff to establish a subcommittee to work with the selected firm for design guidance and community outreach. The subcommittee consisted of two City Councilmembers; four City Commissioners; one Board Member from the El Paseo Merchants Association; and property owners adjacent to Lupine Lane. On September 30, 2021, the City Council authorized a professional services agreement with MIG, Inc. to provide professional design and engineering services to develop the preliminary design of Lupine Plaza. MIG, Inc. conducted outreach to the subcommittee, key stakeholders, and the community at large. Types of outreach efforts included subcommittee meetings; community engagement (onsite at the temporary plaza and video conference); stakeholder meetings; Commission presentations; and displaying information on EngagePalmDesert.com. A Design Concept Study was developed based on this feedback. On April 14, 2022, the City Council approved a preliminary design identified in the Design Concept Study for a permanent Lupine Plaza and directed staff to commence with the preparation of final design and construction drawings for Lupine Plaza. The preferred design concept includes a full street closure on Lupine Lane from El Paseo north to the south entrance to the Coble Building to the west. The approved preliminary design is comprised of shade trees, multiple types of seating, a shade structure, enhanced permeable paving, bicycle facilities, public art, and other design elements. On June 23, 2022, the City Council authorized staff to release an RFP for construction drawings, California Environmental Quality Act analysis, engineering services, traffic study, and all other services associated with the final design and construction of a permanent Lupine Plaza. The City Council also appropriated $4,000,000 from General Fund Reserves for the design and construction of the project. Design Consultant Procurement and Analysis: On August 5, 2022, the City released an RFP for design and engineering services for Lupine Plaza. The scope of work will be developed in a phased manner. The first phase will include CEQA environmental analysis, traffic study with alternative analysis, preliminary engineering, and other technical studies. Once developed, staff will seek input and direction from City Council regarding the preliminary engineering and analyses. Subsequently, the selected design firm will receive authorization to proceed with Phase II, which includes developing the final design, engineering, construction and bidding support, and other remaining services. On August 29, 2022, the City received two proposals from design firms. A proposal review committee consisting of staff from the departments of Public Works and Economic Development evaluated the proposals. The committee also interviewed both design firms on September 2, 2022. The design firms and initial proposed costs include: Design Firm Location Proposal Amount Interwest Consulting Group, Inc. Perris, CA $601,291 * Item 2C-2 City of Palm Desert Lupine Plaza Design Services Page 3 of 4 MIG, Inc. San Diego, CA $687,497 * Negotiated amount of $562,135 contingent upon City Council’s direction regarding the study of alternative design concepts (described below) Subsequent to the interviews, staff engaged Interwest Consulting Group, Inc. to negotiate the fee and schedule. The consultant anticipates completing the scope of services in 14 months (November 30, 2023), which aligns with the conceptual timeline previously presented to City Council (i.e., 12 to 18 months). Staff recently contacted references for Interwest to verify their performance working with other municipalities. References were contacted, and all were very positive in nature. No negative comments were given. Interwest was described as very professional, attentive, and serviceable. Interwest was also praised for its professional depth because they are capable of planning, building inspections, and construction support. Staff also commissioned an independent financial review by HR Green Consulting to analyze the cost-effectiveness of the proposal. This analysis provided an overview of how well the proposal met the criteria of the RFP. HR Green also conducted a fiscal analysis, which included costs per labor unit, level of effort by task, methodologies, and expertise. Recommendation and Request for Direction: Based on the proposal review and interview process, due diligence research, and negotiations, the staff recommends entering into a professional services agreement with Interwest Consulting Group, Inc. The consultant has adjusted their proposed fee to reflect feedback from staff and HR Green, including time allocated to Phase 1 and Phase 2 of the project, public engagement, and construction support. As a result, staff recommends including $20,000 (totaling $562,135) for an additional services allowance. This allowance serves as a contingency and shall be authorized by staff, if necessary. Also, staff requests direction from the City Council on whether one or more alternative designs be studied during Phase 1. At the direction of the City Manager, staff requested the consultant provide itemized costs to potentially study up to three design concepts in the feasibility and alternative analysis phase. In addition to the preferred design concept previously accepted by the City Council, two design alternatives previously presented to the City Council with different approaches to vehicle access could include: • Alternative Design Concept #1: A “slow street” that is regularly closed to vehicles. • Alternative Design Concept #2: Retain one-way access next to a pedestrian plaza. Each alternative analysis will cost $16,880 per concept, in addition to the cost to deliver the preferred design concept for the Project. The contract cost for the alternative analysis scenarios is summarized in the following table: Item 2C-3 City of Palm Desert Lupine Plaza Design Services Page 4 of 4 Scope of Work Design Contract Unit Cost Total Design Contract Approved Design Concept $562,135 $562,135 One Alternative Design Concept Analysis $16,880 $579,015 Two Alternative Design Concepts Analysis $33,760 $595,895 The recommended action as proposed in this staff report is for just the preferred design concept previously accepted by the City Council. If the City Council chooses to have the consultant conduct one or more alternative analyses, the City Council will need to substitute the appropriate total contract amount per the table above. FINANCIAL IMPACT: On June 23, 2022, the City Council approved the Lupine Plaza Project and authorized an appropriation of $4,000,000 for design and construction; therefore, there is no further financial impact to the General Fund following this action. Based upon the City Council’s previous approval and this action, funds are available under Account No. 4004430-5000912 as follows: Contractor Deliverable Budget Award Balance MIG, Inc. Design Concept Study (completed) $70,370 $70,370 Interwest Consulting Group, Inc. Design and Engineering $4,000,000 *$562,135 TBD Construction $0 Totals: $4,070,370 $632,505 $3,437,865 * Bold/Italic item is the subject of this request – amount will increase per the previous table if Council directs the analysis of one or two alternatives. REVIEWED BY: Department Director: Martin Alvarez Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1. Agreement 2. Interwest Proposal 3. Interwest Updated Cost Proposal 4. Alternative Design Concepts 5. Vicinity Map Item 2C-4 Contract No. ____________ CITY OF PALM DESERT PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 29th day of September, 2022, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-2578, County of Riverside, State of California (“City”) and INTERWEST CONSULTING GROUP, INC, a CORPORATION, with its principal place of business at 1 JENNER, SUITE 160, IRVINE 92618 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Project. The City is a public agency of the State of California and is in need of professional services for the following project: PROFESSIONAL ENGINEERING, LANDSCAPE ARCHITECTURE AND DESIGN SERVICES FOR LUPINE PLAZA (hereinafter referred to as “the Project”). 2.2 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant is duly licensed and has the necessary qualifications to provide such services. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from SEPTEMBER 29, 2022, to OCTOBER 1, 2024, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Any personnel performing the Services shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their Item 2C-5 Contract No. ____________ performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: JOE INDRAWAN, PRINCIPAL-IN-CHARGE and GIANNO FEOLI, PROJECT MANAGER. 3.2.5 City's Representative. The City hereby designates CHRISTOPHER GERRY, PROJECT MANAGER, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the scope of services or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee. 3.2.6 Consultant's Representative. Consultant hereby designates JOE INDRAWAN, PRINCIPAL-IN-CHARGE and GIANNO FEOLI, PROJECT MANAGER, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant Item 2C-6 Contract No. ____________ represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation. Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 3.2.10 Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. 3.2.10.1 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law Item 2C-7 Contract No. ____________ respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. 3.2.10.2 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.3 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. 3.2.11 Insurance. 3.2.11.1 Minimum Requirements. Without limiting Consultant’s indemnification of City, and prior to commencement of the Services, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. (B) Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City’s Risk Manger may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. (C) Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. (D) Workers’ Compensation Insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance Item 2C-8 Contract No. ____________ (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, volunteers and representatives. (E) Umbrella or Excess Liability Insurance. Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions: (1) A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (2) Pay on behalf of wording as opposed to reimbursement; (3) Concurrency of effective dates with primary policies; and (4) Policies shall “follow form” to the underlying primary policies. (5) Insureds under primary policies shall also be insureds under the umbrella or excess policies. (F) Fidelity Coverage. Reserved. (G) Cyber Liability Insurance. Reserved. If coverage is maintained on a claims-made basis, Consultant shall maintain such coverage for an additional period of three (3) years following termination of the Agreement. 3.2.11.2 Other Provisions or Requirements. (A) Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (B) Duration of Coverage. Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, his/her agents, representatives, employees or subconsultants. (C) Primary/Non-Contributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance Item 2C-9 Contract No. ____________ shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect it as a named insured. (D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may terminate this Agreement. (E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, volunteers, and representatives or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, volunteers and representatives and shall require similar written express waivers and insurance clauses from each of its subconsultants. (G) Enforcement of Contract Provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (I) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, volunteers and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies. Item 2C-10 Contract No. ____________ (K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (M) Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subconsultants, subcontractors, and others engaged in the Project will be submitted to City for review. (N) City’s Right to Revise Specifications. The City and the City’s Risk Manager reserve the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (Q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. 3.2.12 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. Failure to comply with laws, regulations, and ordinances listed in this Section is a violation of federal and state law. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of Item 2C-11 Contract No. ____________ the laws, regulations and policies of this Section. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed FIVE HUNDRED SIXTY-TWO THOUSAND ONE HUNDRED THIRTY-FIVE DOLLARS ($562,135) without written approval of the City Council or City Manager, as applicable. 3.3.2 Payment of Compensation. Consultant shall submit to City monthly invoices which provide a detailed description of the Services and hours rendered by Consultant. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Consultant shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination of this Agreement and failure by the Consultant to submit a timely invoice may constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City. 3.4 Labor Code Requirements. 3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, volunteers and representatives, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, Item 2C-12 Contract No. ____________ installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of Services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, volunteers and representatives free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant. 3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5 Accounting Records. 3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.6 General Provisions. 3.6.1 Termination of Agreement. 3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement. 3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.6.1.3 Early Termination. Notwithstanding any provision herein to the contrary, if for any fiscal year of this Agreement the City Council fails to appropriate or allocate Item 2C-13 Contract No. ____________ funds for future payment under the Agreement after exercising reasonable efforts to do so, the City may upon seven (7) days’ written notice, order work on the Project to cease. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. 3.6.1.4 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Item 2C-14 Contract No. ____________ 3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: INTERWEST CONSULTING GROUP, INC. 24 SOUTH D STREET, SUITE 100 PERRIS, CA 92570 ATTN: JOE INDRAWAN, PRINCIPAL-IN-CHARGE City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 ATTN: CHRISTOPHER GERRY, PROJECT MANAGER Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.6.3 Ownership of Materials and Confidentiality. 3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. 3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by professionals other than Consultant or its subconsultants, or those provided to Consultant by the City. Item 2C-15 Contract No. ____________ 3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant. 3.6.3.4 Indemnification – Documents and Data. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers, agents and representatives free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted. 3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, agents, volunteers and representatives from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information. 3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one Item 2C-16 Contract No. ____________ another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.6.5 [Reserved] 3.6.6 Indemnification. 3.6.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, agents, and representatives free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, volunteers, or representatives. 3.6.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. 3.6.7 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. 3.6.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. 3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.6.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.6.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. 3.6.12 Assignment; Subcontracting. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in Item 2C-17 Contract No. ____________ this Agreement. 3.6.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, volunteers and representatives except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.6.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.6.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.6.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.6.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.6.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE] Item 2C-18 Contract No. ____________ SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND INTERWEST CONSULTING GROUP, INC. IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written. CITY OF PALM DESERT By: L. TODD HILEMAN CITY MANAGER ATTEST: By: ANTHONY J. MEJIA City Clerk APPROVED AS TO FORM: By: Best Best & Krieger LLP City Attorney INTERWEST CONSULTING GROUP, INC. By: Its: Printed Name: By: Its: Printed Name: QC: _____ Insurance: _____ Initial Review _____ Final Approval Item 2C-19 Contract No. ____________ Exhibit “A” EXHIBIT "A" SCOPE OF SERVICES A. GENERAL CONDITIONS AND REQUIREMENTS City requires the services of a competent engineering consulting firm (Consultant) to provide all professional engineering, landscape architecture and design services for the development of construction plans and specifications of the Project. The scope of work includes the development of the project documents and studies from conceptual engineering through to final project plans and specifications. 1) Project management; 2) Traffic study with alternatives analysis; 3) CEQA environmental studies, permits and documentation; 4) Preliminary engineering; 5) Surveys and mapping; 6) Utility coordination; 7) Right of way and easements; 8) Grant funding application development; 9) Art in Public Places; 10) Landscape and hardscape design; 11) Electrical design; 12) Structural design; and 13) Construction plans and specifications. The Consultant shall carry out the instructions as received from the City’s Project Manager and shall cooperate with City and any other consultants working on the Project. The Consultant may establish direct contact with peer agencies for the purpose of obtaining information, expertise and assistance in developing project information. The Consultant shall maintain a record of all such contacts and shall transmit copies of the contacts and records promptly to City on a regular basis. City will participate in and/or provide prior approval for any and all intra-agency meetings. City will retain responsibility for all final consultation, both formal and informal, with peer agencies regarding project and utility coordination, mitigation and compensation proposals. The Consultant will be available to provide advice and to participate in such consultations at the request of City. The Consultant shall be responsible for reproduction, binding, circulation, and distribution of all studies, documents, reports, and engineering drawings pursuant to the requirements of this Scope of Services. In those instances where the Consultant believes a better design or solution to the problem is possible, they shall promptly notify City of these concerns, together with reasons therefore. The Consultant has total responsibility for the accuracy and completeness of the plans and related designs, specifications and estimates prepared for the Project and shall check all such material accordingly. Reviews by City do not include detailed review or checking of the design of major components and related details or the accuracy with which such designs are depicted Item 2C-20 Contract No. ____________ Exhibit “A” on the plans. The responsibility for accuracy and completeness of such items remains solely that of the Consultant. The Consultant or their sub-consultants shall not incorporate in the design, any materials or equipment of sole source origin without written approval of City. The plans, designs, specifications, estimates, calculations, reports and other documents furnished under this Scope of Services shall be of a quality acceptable to City. The criteria for acceptance shall be a product of neat appearance, well-organized, technically and grammatically correct. The minimum standard of appearance, organization and content of the drawings shall be that of similar types produced by City. The page identifying preparers of engineering reports, the title sheet for specifications and each sheet of plans, shall bear the professional seal, certificate number, registration classification, expiration date of the certificate, and signature of the professional engineer(s) responsible for their preparation. The Consultant shall maintain a set of project files indexed as approved by City and hand over all project files to City at the completion of the project. All studies, plans reports, data, manuals, electronic software developed, databases, spreadsheets and intellectual properties developed during the life of this contract shall become the property of City. The Consultant shall not suspend performance of this contract during the negotiations of any change in scope of work except as they may be directed by City. The Consultant shall perform all changes in accordance with the terms and conditions of this contract. The Consultant shall obtain, at its expense, all applicable design Manuals and Standard Plans. The Consultant shall employ risk management techniques that identify potential risks and uncertainties related to construction of the Project. Risks that may be encountered include, but are not limited to, soil conditions, constructability, factors of safety, impacts to adjacent properties, public safety, and environmental considerations. If at any time during the performance of this Scope of Services, the Consultant observes, encounters, or identifies any circumstance that could pose potential risk, the Consultant shall notify City. The Consultant shall comply with OSHA regulations regarding safety equipment and procedures. The Consultant shall provide safety training for its employees. Contract amendments are required to modify the terms of the original contract for changes such as extra time, added work, or increased costs and must be done prior to expiration of the original contract. The City intends the contract for the Project to be Fee Not to Exceed. B. APPLICABLE STANDARDS The Project shall be developed and designed in accordance with current City, State and Federal regulations, policies, procedures, manuals, and standards. The following documents shall be used and are not all-inclusive, but are intended only to illustrate types of sources: • AASHTO Policy on Geometric Design of Highways and Structures Caltrans Highway Design Manual • Manual of Uniform Traffic Control Devices • City, County of Riverside, and Caltrans Standard Plans and Standard Specifications • City and Caltrans Standard Special Provisions Item 2C-21 Contract No. ____________ Exhibit “A” • Standard Specifications for Public Works Construction (Greenbook) • NACTO Urban Street Design Guide and Urban Bikeway Design Guide C. SCOPE OF SERVICES The professional engineering, landscape architecture and design services include, but are not limited to: • Project management; • Traffic study with alternatives analysis; • CEQA environmental studies (two alternatives), permits and documentation; • Preliminary engineering; • Surveys and mapping; • Utility coordination; • Right of way and easements; • Grant funding application development; • Art in Public Places; • Landscape and hardscape design; • Electrical design; • Structural design; and • Construction plans and specifications. The Services will be developed in a phased manner by the Consultant. The first phase will include, but is not limited to, CEQA environmental analysis and traffic study with alternative analysis. Once developed, staff will seek input and direction from City Council regarding the preliminary engineering and analyses. Subsequently, the Consultant will receive authorization from staff to proceed with Phase II, which includes developing the final design and engineering as well as the remaining Services identified in this RFP. D. SCHEDULE OF WORK The City anticipates the Services will be provided by the Consultant according to the timeline, as follows: • Phase I Completion: By February 28, 2023 • Phase II Completion: By November 30, 2023 E. WORK BREAKDOWN 1) DATA COLLECTION The Consultant shall be responsible for data collection, mapping and surveying necessary for preliminary engineering, design, cost estimates, and right-of-way impacts. The Consultant will conduct data collection, as follows: • Existing infrastructure, right-of-way and public easements • Multimodal traffic counts and traffic signal operations at locations key to alternatives. The Consultant will review available traffic counts available to effectively use for alternatives analysis, and recommend additional counting to be done during peak season. • Most recent five (5) years of collision data Item 2C-22 Contract No. ____________ Exhibit “A” The Consultant shall evaluate the available topographic mapping of the Project area and shall recommend additional surveying as necessary to supplement the available mapping. The recommendations shall be forwarded to City for review and concurrence prior to beginning any work. Surveys performed by the Consultant shall conform to the requirements of the Land Surveyors Act. In accordance with the Act, "responsible charge" for the work shall reside with a pre- January 1, 1982, Registered Civil Engineer or a Licensed Land Surveyor, in the State of California. The Consultant will propose to City the horizontal and vertical control monuments that are to be the basis of all Consultant performed surveys. The Consultant will provide the California Coordinate System values and/or elevation values for these monuments. City has designated that the NAD ’83 California Coordinate System datum will be used for horizontal coordinate values. The Consultant shall perform the necessary data collection, field work and research for preliminary engineering and final design. These services will include, but are not limited to: cross sections, roadway profiles, driveway profiles, cross-street profiles, existing surface utility locations, accessible utility invert elevations, building outlines, utility poles, luminaires, channelization and topographic features. The Consultant shall pothole existing utilities at key locations to produce the final plans. The Consultant shall review with City for City approval a plan for utility potholes prior to commencement. Potholes shall be repaired using City standards with permanent asphalt. The Consultant shall identify required design surveys and provide a work plan to City. With City concurrence, the Consultant shall perform design surveys per the work plan. The Consultant surveys may include, but are not limited to, the following: • Surveys for detailed design of roadway, retaining walls, drainage, and utilities. • Survey control for geotechnical investigation, if required. • Supplemental surveys for preparation of cross-sections. Utility location surveys will be furnished by the Consultant for existing utilities. The Consultant shall prepare utility conflict maps. All potholing and related survey work will be performed by the Consultant. Pothole information will be provided by the Consultant. Deliverables shall conform to the following: • Survey points, lines, and monuments shall be established, marked, identified and referenced, as required to complete the work and in accordance with the requirements herein. • Survey notes, electronic files, drawings, calculations, and other survey documents/materials shall be completed as required to complete the work and in accordance with the requirements herein. • A copy, except as otherwise specified herein, of all original survey documents resulting from this Statement of Work (including original field notes, adjustment calculations, final results, electronic files and appropriate intermediate documents) shall be Item 2C-23 Contract No. ____________ Exhibit “A” delivered to City. Said documents shall then become the property of City. The original survey documents shall be retained by the Consultant for future reference. • The Consultant shall provide centerline alignment files for all permanent and temporary features, and a construction control survey map for the Project. The map may include the following items: • Centerline alignment data for all Project improvements and existing street centerlines Control points identified in plan (horizontal, vertical, horizontal and vertical, and cadastral monuments) • Tabulated control point listing with full descriptions • Tabulated cadastral monument listing with full descriptions Horizontal and vertical control bases • Survey data sources The Consultant will conduct title research, and research record deeds and maps for properties adjacent to the project areas in an effort to plot the record right-of-way and easements. The Consultant will research and recover existing monuments sufficient to tie the record right-of-way to the engineering design surveys. The Consultant will also develop right-of-way plans. The Consultant will conduct field exploration and sufficient geotechnical investigation to establish the suitability of the existing bridge structure for the Project. In addition, the Consultant will conduct necessary geotechnical investigation to support any structural modifications to the existing bridge, or for the addition of new bridge structures, plus any project alignments requiring excavation, demolition, or installation of infrastructure requiring geotechnical design. The Consultant shall perform all field exploration required to complete the PS&E. The Consultant shall provide experienced personnel, equipment, and facilities to perform soil sampling and testing. All reports and plans shall bear the California Certified Engineering Geologist or Registered Professional Registration Seal with the signature, license number and registration certificate expiration date of the geologist or engineer responsible for the preparation of the report. The geologist or engineer responsible for the preparation of the reports shall be competent in geotechnical engineering. In the event the existence of hazardous materials is discovered by the Consultant, the Consultant shall be required to immediately notify City. The Consultant shall prepare a Geotechnical Design Report (GDR) for the Project. The GDR shall provide, but is not limited to, the following: • Determination of ground water conditions and impacts on design and construction. • Determination of subsurface conditions and subsoil properties relating to settlement. • Determination of impacts of geologic/geotechnical conditions on construction and recommended mitigation measures. • Identification and recommendations for geologic/geotechnical constraints. • A listing of soil samples obtained from the field exploration program which have been tested in CALTRANS certified laboratories to evaluate the controlling engineering properties of the encountered subsoils. Assuming that the soil samples are free of contamination, laboratory testing may include, but is not limited to: Item 2C-24 Contract No. ____________ Exhibit “A” o Moisture and Density - Maximum Density o Shear Strength - Sieve Analysis o Expansion Index - Plasticity Index o Sand Equivalent - Resistivity, Ph o Soluble Sulfate and Chlorides - Consolidation/Collapse o R-Value The Consultant shall prepare a map detailing the field exploration plan. The map shall provide the following: • Location of each proposed boring. Include depth of boring and the proposed finished surface elevation. Exploratory borings using hollow-stem auger drill rig or trenches will be performed for evaluation of pavement structural section. Borings will be drilled to collect subsurface data for R-value testing and foundation design. • Geometric layout provided from preliminary engineering. • Information regarding property owner impacted by each particular boring, if available. • City will review and approve the field exploration map prior to application for encroachment permits. All encroachment permits and rights of entry shall be obtained prior to scheduling of any field explorations. 2) FEASIBILITY AND ALTERNATIVES ANALYSIS The Consultant will conduct analysis to address the following considerations: • Construction feasibility • Potential right-of-way acquisition (if needed) • Impacts to roadway capacity, traffic signal level of service, safety • Multi-way stop and traffic signal warrants • Potential environmental impacts (CEQA) • Construction priorities and phasing • Access control • Conceptual costs • Suitability for grant funding The Consultant will confirm with the City the individual elements of the analysis and geographic boundary for the study prior to proceeding. The Consultant shall prepare the following: • Line, Grade and Typical for the projects • Identify and analyze alternative alignments and project limits • Technical memo presenting analysis and recommended preferred alternative The Consultant shall prepare a red flag summary identifying design challenges and risk assessment with recommended mitigations. The Consultant shall conduct ADT and intersection peak hour multimodal traffic counts at key points along the project alignment to support the analysis and selection of alignment alternatives. In addition, the Consultant shall analyze the safety of the project corridor, assessing historical collision reports and recommending mitigations. 3) PRELIMINARY ENGINEERING AND ENVIRONMENTAL DOCUMENTATION Item 2C-25 Contract No. ____________ Exhibit “A” Following acceptance of preferred alternatives, the City will refine the work tasks and authorize the Consultant to proceed with Preliminary Engineering and Environmental Documents. The Consultant may be required to break out projects into phases during this step. Preliminary Engineering shall consist of the following activities: • Field Survey, Mapping and Right-of-Way Needs Assessment • Geotechnical Investigation • Environmental Studies and Documentation • Preliminary Utility Coordination • Preliminary Project Alignment Alternatives Analysis • Design Red Flag Summary • Project Limits Alternatives Analysis • Preliminary Project Cost Estimate • Traffic Engineering Analysis • Landscaping and Art in Public Places Features and Palette Develop general project locations and design concepts and related activities needed to establish the parameters for final design of project elements such as Geometrics, Hydraulics, Geotechnical, Landscape Architecture, Traffic Operations, Electrical, etc. As part of the preliminary engineering, the Consultant shall review existing plans and studies and make recommendations for any changes needed. Upon approval of City, the preliminary engineering shall be the basis for the final design plans. The City anticipates seeking state-only funding for either phase of the proposed project, and as such, does not require NEPA compliance for the project. The Consultant shall prepare the necessary CEQA studies and documentation for the Project during the Preliminary Engineering stage of project development. In addition, the Consultant will prepare the necessary analysis, reports and permit applications to satisfy any environmental permitting necessary for the project during the Final Engineering stage of project development. The Consultant shall include in their schedule and scope the necessary tasks and public involvement activities to satisfy these requirements, The Consultant shall prepare a preliminary cost estimate for all alternatives analyzed, including costs for design, construction, right-of-way and utility relocation. The Consultant shall prepare a recommended palette, including preliminary costs, for landscaping, hardscape and art in public places features for the Project. The palette accepted by the City during the Preliminary Engineering will provide the framework for the detailed design development of the Project. The Consultant shall review right-of-way and property records and establish additional right-of-way along the entire alignment, if necessary. The Consultant shall be required to perform Right of Way mapping and title work. The Consultant shall incorporate an artist into the design team with experience in public art who will assist with identifying locations for future public art installations within the Project. Item 2C-26 Contract No. ____________ Exhibit “A” The artist will need to propose preliminary locations in conjunction with the Preliminary Engineering task. Proposed locations will be reviewed and approved by the City Council as well as the Art in Public Places Commission when appropriate. All footings and connection points for the art locations shall be designed as part of this task. 4) FINAL ENGINEERING Following completion of the Preliminary Engineering and Environmental Documents, the Consultant will be authorized to proceed with Final Engineering, permits, right-of-way and easement legal descriptions and plats for one or more projects determined during the previous step. The Consultant will also be expected to support bidding and construction engineering. The Consultant shall incorporate a landscape architect into the design team with experience in public projects to produce landscape, landscape lighting, hardscape and irrigation plans for the Project. The landscape architect will be responsible for fully developing the streetscape with City approved shade trees and plant pallet. The landscape architect will produce the plans and specifications needed for the construction of the landscaping, irrigation and meters, decorative paving, pathways, retaining wall facade and aesthetics. The landscape architect will work closely with the project artist to create an attractive and complementary street experience. Elements to be designed and incorporated by the landscape architect may include but are not limited to the following: • Themed gateway arch and water features; • Overhead shade structure with misters; • Fixed seating such as benches and seat walls; • Fun seating (e.g., swings); • Movable café-style seating; • Decorative and/or permeable paving; • Bioswales with drought-tolerant landscaping; • Bicycle racks and repair station; • Trash receptacles; • Public art; and • Public restroom (optional). The Consultant shall work with its electrical engineer and landscape architect to produce an electrical plan for the Project. The project will also require standard and high voltage connections points, and conduit for future use by City. The Consultant shall prepare Right of Way Requirement Plan Maps utilizing the Project layout sheets as a basis. The Consultant shall identify the limits required for the ultimate roadway operation of the Project (the “fee” area), limits required for related facilities such as drainage or utilities (easement areas), and limits required in excess of the fee and easement areas for construction of the Project (temporary construction easements). The Consultant shall identify access control limits where applicable. Requirements shall reference the roadway centerlines (station and offsets) or, where appropriate, property lines. At minimum, the background elements on the Maps will include: Item 2C-27 Contract No. ____________ Exhibit “A” • Station lines and centerlines of roadways and drainage facilities. • Layout lines of walls. • Tops and toes of slope. • Edge of travel way, edge of shoulder, curb and gutter, sidewalks, and other roadway appurtenances. The Consultant shall deliver the Right of Way Requirement Plan Maps and coordinate geometry files to City. All title, index, sections, layouts, profiles, quantities, construction details, and other related plan sheets shall be provided on City standard “full size” sheets for City review. The Consultant shall also provide electronic (PDF) and 11” x 17” reduced copy of the plan sets for all submittals. The Consultant shall design the roadway structural section. The design of the structural section shall be submitted to City for review and approval. The Consultant shall prepare a Project Narrative, which provides a general overview of the Project. The Consultant shall also discuss significant design features and/or design exceptions related to the Project. The Consultant shall deliver the following plan packages to City. Actual plan packages, as determined by City, may vary in quantity and content per submittal. The number of sets of each plan, estimate or report shall be determined prior to submittal. City will review the plans after each submittal and transmit review comments to the Consultant. A comment review meeting will be scheduled between City and the Consultant at each major milestone, where responses to the plan comments will be presented. The Consultant shall prepare plans and specifications for the above listed tasks and shall submit bond copies for City review and comment at the 35%, 65%, 95% and Final Plan stage of completeness. Plans are to be at 20 or 40 scale as appropriate on 24” x 36” sheets. The Consultant shall submit the final set of plans on mylar with a digital copy of all AutoCad plans and documents. Plan packages shall be as follows: • 35% Submittal o Title Sheet o Typical Cross-Sections o Key Map & Line Index o Layout Plans o Profile Plans o Drainage Plans, Profiles & Details o Conceptual Stage Construction Strip Map o Construction Cost Estimate • 65% Submittal o All items listed in 35% submittal o Project Narrative o Demolition Plans o Construction Details o Contour Grading Plans Item 2C-28 Contract No. ____________ Exhibit “A” o Utility Plans, Details and Quantities o Water and Sewer Improvement Plans, Details and Quantities o Stage Construction Plans & Quantities o Detour Plans & Quantities o Construction Area Signs Plans and Quantities o Summary of Quantities Plans o Pavement Delineation Plans, Quantities and Details o Signing and Striping Plans, Quantities & Details o Retaining Wall Plans and Details o Electrical Lighting Plans, Details and Quantities o Traffic Management Plan, Details and Quantities o Traffic Signal Modification Plans, Details and Quantities o Landscaping, Planting and Irrigation Plans, Details and Quantities o Public Art Plans, Details and Quantities o Erosion Control Plans, Details and Quantities o Special Provisions o Right of Way, Access Control, and Temporary Construction Easement Requirements o Draft Drainage Study o Draft WQMP • 95% Submittal o All items listed in 65% submittal o Final Drainage Study o Final WQMP o Construction Schedule • 100% Submittal o Final PS&E (all items listed in 95% submittal) 5) BIDDING AND CONSTRUCTION ENGINEERING The Consultant shall provide an electronic copy of the final approved plans and specifications, and a mylar copy of the final approved plans. The electronic copy of the plans shall be provided as both AutoCAD files and PDF files, and the electronic copy of the specifications shall be provided in both Microsoft Word format and PDF format. City will be responsible for making copies of contract documents and will distribute to plan rooms and contractors. The Consultant shall respond to questions that arise during the bid phase and prepare addendums which will be distributed by City as necessary. Bidding procedures will be the responsibility of City. While the PS&E construction package is being advertised for bids, all questions concerning the intent shall be referred to City for resolution. In the event that any items requiring interpretation in the drawings or specifications are discovered during the bidding period or bid opening, said items shall be analyzed by the Consultant for decision by City as to the proper procedure required. Corrective action taken will either be in the form of an addendum prepared by the Consultant and issued by City, or by a covering change order after the award to the construction contract. Item 2C-29 Contract No. ____________ Exhibit “A” The Consultant shall attend the pre-bid and pre-construction meetings upon notification by City. During construction and if authorized by City, the Consultant shall furnish all necessary drawings for corrections, requests for information (RFI) and change orders required by errors and omissions of the Consultant. The original tracing(s) of the drawings and contract wording for change orders shall be submitted to City for duplication and distribution. The Consultant may be assigned by City to review and approve submittals and shop plan drawings submitted by the construction contractor. F. PROJECT MANAGEMENT City will serve as the contract manager and direct liaison between the Consultant and other city agencies and peer agencies. The Consultant shall be responsible for project management activities throughout the life of the contract. The scope of activities includes, but is not limited to, coordinating and being responsible for scheduling meetings, managing the project schedule, preparing and distributing minutes, field reviews, tracking action items for City and the Consultant sub- contractors, and preparing all exhibits and presentations for City to submit to City Council, peer agencies and public meetings (as applicable). Any modifications proposed to this solicitation are welcome provided they are innovative, advanced, and well thought out methodologies and shall be identified as optional and priced out separately in the sealed fee proposal. The Consultant will conduct a project kickoff design meeting with City to refine and clarify the project's objectives. The Consultant shall provide an anticipated project schedule at the meeting. City supplied materials will be provided at this time. In addition to necessary technical-focused meetings with City and utility owners, which may or may not need to be in person, the Consultant shall make provisions to conduct an in- person kick-of meeting; monthly in- person progress meetings with City; public involvement meetings as proposed in this Scope of Services; and one each in-person construction pre- bid and pre-construction meetings. G. GRANT FUNDING APPLICATION DEVELOPMENT The Consultant will assist the City in determining eligibility for state and local grants, and develop one or more grant applications in collaboration with staff. The City may apply for state-only grant funding for the construction of the proposed improvements, and as such, the Consultant shall follow relevant processes of the Caltrans Local Assistance Procedures Manual (LAPM) and Local Assistance Program Guidelines (LAPG). The Consultant will be responsible for assembling the necessary grant applications and supporting documents for each grant the City elects to pursue. H. DELIVERABLES The Consultant shall perform professional and technical engineering, landscape design, and related design services to prepare design and feasibility studies, preliminary engineering, Plans, Specifications and Estimates (PS&E). The City will use the PS&E to advertise, award and administer one or more construction contracts. • Mapping of right-of-way and public easements for alternatives analysis • Title search of right-of-way and public easements for the preferred alignment Item 2C-30 Contract No. ____________ Exhibit “A” • Preliminary topographic mapping for alternatives analysis • Detailed topographic mapping for the preferred alignment • A technical report of multimodal traffic counts, traffic signal warrant analysis, traffic signal operational analysis and safety analysis at key intersections for alternatives analysis • Maps and preliminary renderings supporting alternatives analysis • Boards and slides for project and public meetings • Preliminary and final bridge aesthetics, public art, and landscaping renderings • Alternatives analysis report • Geotechnical investigations and recommendations for bridge design and other geotechnical-sensitive elements of alternatives and final design • Project communications plan and implementation • Grant award feasibility analysis, applications and supporting documentation • Technical studies, designs, reports and documents necessary for the project approval for the Project • Plans, Specifications and Estimates (PS&E) including, but not limited to surveys, demolition, roadway geometrics, grading, paving, drainage, structural design, landscaping, public art design, electrical, traffic signing, markings, and signalization, erosion control, project phasing and construction traffic control • Utility maps and conflict reports • Water Quality Management Plan • Hydraulic and hydrologic reports • Preparation of all permits necessary for the Project, including environmental, encroachment permits I. UTILITY COORDINATION The Consultant will be responsible for identifying all existing private and public utility connections and appurtenances to be impacted, and the design of all the new private and public utility connections. The Consultant shall work will all utility providers and property owners to ensure all connections are identified on the plans. The Consultant shall be responsible for producing a plan that will be used by the contractor to install new, relocate and/or reconnect any and all impacted utilities. The plan shall designed using the appropriate utility provider specifications and routed for approval by the appropriate utility companies. Submittals to utility companies shall be made in accordance with their requirements. The Consultant shall coordinate with utility companies as needed any utility relocations, including relocation of utility poles, water services, manholes and valves. The Consultant shall update right of way requirements impacted by the relocation of utilities. The Consultant shall coordinate with utility owners to determine right of way requirements for relocation of utilities. The Consultant shall coordinate and schedule meetings and correspondence to the utility companies affected by the Project. The Consultant shall coordinate with City to assist in the proper protection or relocation of affected utilities. Utility owners will prepare utility relocation plans. The Consultant shall Item 2C-31 Contract No. ____________ Exhibit “A” provide appropriate Project plans that may assist the affected utility owner in the development of relocation plans. The Consultant shall review relocation plans prepared by utility owners to verify compatibility with the Project, as well as other utility plans. The Consultant shall respond in writing to City either confirming conformance of the relocation plans to the Project or non-conformance to the Project and reasons therefore. The Consultant shall update the utility plans to show the disposition of each utility on the Project. Disposition shall include, but not be limited to, the utility company name, original location, proposed location, and responsible party for relocation. The Consultant shall submit utility conflict map and report to City. The utility conflict map and report will be used by City to establish which utility companies are affected by the Project and need to be relocated. The Consultant shall identify those portions of utilities that require potholing. All potholing and related survey work will be performed by the Consultant upon approval of City. Following the submittal of the utility conflict map and report, the Consultant shall inform City in writing of any changes in the Project design that alter the utility conflict locations indicated on the maps. The maps shall provide the following: • Geometric layout of the Project with the existing utility locations. • Highlight and label each utility that conflicts with the Project. • Existing utility callouts shall include the owner and the disposition of the lines. • Narrative descriptions shall accompany the utility conflict maps. These narratives shall list each utility that is in conflict with the Project. Information shall include, but not be limited to, the following: o Conflict label and drawing reference number for the utility conflict map on which the utility is highlighted and labeled o Description, owner, and disposition of the utility o Description of the potential or actual conflict that will occur due to the Project J. DRAINAGE The Consultant shall prepare a drainage analysis for the tributary watershed to the Project. The analysis will include hydrologic calculations for the tributary watershed to determine the 100 year and 10 year flow rates, along with design of the existing storm drainage system located in the area. The results of the analysis will be used to present a conceptual alternative for intercepting and conveying discharge from the Project. The alternatives will include a combination of a storm drain system and surface discharge. The Consultant shall review available existing drainage studies and existing storm drain infrastructure along the Project length, and at project termination points. The Consultant shall study and produce a report for the drainage area and existing infrastructure to be modified by the new design. The new design will require additional area drains, catch basins and modifications to existing catch basins. The Consultant shall be responsible for all new area drain designs and modifications to the existing storm drain infrastructure. The Consultant shall be responsible for the design, including hydrologic modifications of all drainage reports necessary to provide adequate drainage of the Project, including pavement drainage, runoff generated within the Project Area, inflows from watersheds beyond the Item 2C-32 Contract No. ____________ Exhibit “A” Project, and interim drainage during construction. Where conflicts in methodology occur, the Consultant shall notify City immediately for resolution. All reports shall be prepared by a qualified Civil Engineer who is registered in the State of California, and shall bear the State of California Registered Professional Engineer registration seal with their signature, license number, and registration certificate expiration date of the Engineer responsible for the preparation. The Consultant shall prepare an off-site and an on-site hydrology report for the Project by supplementing existing drainage reports as required. Layout plans identifying the location of existing and, if necessary, proposed drainage facilities shall be included within the report. The report shall be submitted to City for review. Comments generated from this review will be returned to the Consultant for incorporation into the final plan. The number of copies of the report shall be determined prior to submittal. The Consultant shall prepare a Water Quality Management Plan (WQMP) in compliance with City and County requirements. The WQMP shall include analysis of the proposed site uses and impairments to the local watershed to determine the site-specific pollutants of concern applicable to the Project. The WQMP shall also include design calculations for the proposed stormwater quality best management practices (BMPs) for design. The Consultant shall update right of way requirements as needed to incorporate drainage and temporary construction easements for drainage facilities. Conflicts with other utilities, including other drainage facilities, shall be identified in plan and profile. Following City review of the off-site and on-site hydrology reports, the Consultant shall perform hydraulic analysis for all of the drainage facilities on the Project. The corresponding drainage report shall incorporate updated hydrology calculations. Where proposed improvements modify flows to existing drainage facilities within the project, the hydraulic analysis report submitted for these facilities will be modified to reflect the changed conditions. Drainage plans and profiles of proposed drainage facilities shall be included within the report. Modifications to existing facilities shall be identified on the plans. The drainage report shall be submitted to City for review. K. TRAFFIC ENGINEERING The Consultant shall prepare the necessary plans for the following: • Traffic management plans showing long-term closure of lanes, local road detours, and number of available lanes. Included in these plans are stage construction, construction traffic handling and detours, signing, striping, lighting, and signal modifications. • Stage construction plans showing the construction of all improvements identified on the plans. The plans shall include existing roadbeds, construction to be performed in the stage shown, traffic direction, number of lanes and future construction. • Traffic management plans showing long-term closure of lanes, detours and number of available lanes. Included in these plans are signing, striping, and modifications, and temporary traffic signals, if necessary. The Consultant shall prepare final plans, specifications, and estimates for the following: • Signing and striping plans including layouts showing the locations of roadside signs, special sign details, striping and special striping details. • Traffic signal modification plans as required for the Project. The Consultant shall take Item 2C-33 Contract No. ____________ Exhibit “A” traffic counts and determine levels of services, warrants and propose any needed improvements. • Electrical plans including layouts showing lighting standard and conduit locations, other lighting appurtenances, and any structural or foundation requirements in accordance with applicable standards and design criteria. Any requirements for electrical service shall be coordinated with the local electric utility by the Consultant. L. QUALITY ASSURANCE The Consultant has total responsibility for the accuracy and completeness of the plans, calculations, and related documents furnished under this Statement of Work, and shall meet that responsibility through the implementation quality assurance practices standard to the profession. The Consultant’s quality assurance practices shall ensure the following: • All design is done in accordance with good engineering practice and all design meets the standards set forth herein. • A process is established whereby all plans and calculations are independently checked, corrected and back-checked, in accordance with accepted practice. • Delivery of plans and computations must be accompanied by supporting documentation that may include copies of appropriate lists of deliverables, tables, plan sheet punch lists, etc. • Prior to the Final Design Submittal, the Consultant shall be required to perform an internal quality control and constructability review with engineers experienced in the appropriate discipline(s). The Consultant shall identify personnel responsible for this review, prior to the review, and shall provide review results to City. M. PROJECT PROGRESS The Consultant shall establish internal accounting methods and procedures acceptable to City for documenting and monitoring Contract costs. The Consultant shall report in a timely manner, through correspondence or progress reports, whenever it appears that approved schedules will not be met, and whether or not the reasons are within the Consultant’s control. In the event the Scope and Schedule of the Services are modified, and the modified Schedule is approved by City, the Consultant shall submit a revised schedule. On a monthly basis, the Consultant shall prepare and submit to City a monthly status report that indicates the work progress achieved during the period. The report shall summarize the actual work progress compared with estimated progress and will identify problem areas, provide evaluations, recommendations and an outline on the process which the Consultant and City will follow to rectify the problem(s). The progress report shall be submitted with the monthly invoice. Progress reports shall include the total number of hours worked by the Consultant’s and sub-consultant’s personnel. As a minimum, the monthly report should address the following specific areas: • Time related project status via a bar chart schedule • Physical progress • Amendment summary history • Narrative status report • Graphical comparisons for actual progress vs. earned and planned progress for: physical (%complete), performance (hours complete) and cash flow. Item 2C-34 Contract No. ____________ Exhibit “A” Progress meetings between the Consultant and City shall be held to discuss the design progress, potential problems, plans for the next period, and other progress issues. City will establish with the Consultant the dates and times of these meetings. The Consultant shall provide City with a written agenda for the meeting, and prepare written meeting minutes and submit them to City after the meeting. The minutes shall indicate issues discussed and the resolution or action required to resolve any issues. The Consultant shall submit at each Progress Meeting, a four-week horizon schedule to be used in monitoring the progress of the work. N. EQUIPMENT REQUIREMENTS The Consultant shall have and provide adequate office equipment and supplies, field tools, instruments, equipment, materials, supplies, and safety equipment to complete the work required by this Contract. O. MATERIALS TO BE PROVIDED BY THE AGENCY Unless otherwise specified in this Contract, the Consultant shall provide all materials to complete the required work in accordance with the delivery schedule and cost estimate. To assist the Consultant in fulfilling the terms of this Agreement, City agrees to furnish the following: • City standard details and record drawings • Concept design study Item 2C-35 Contract No. ____________ Exhibit “B” EXHIBIT "B" SCHEDULE OF SERVICES The term of this Agreement shall be from SEPTEMBER 29, 2022, to OCTOBER 1, 2024, 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. Item 2C-36 Contract No. ____________ Exhibit “C” EXHIBIT "C" COMPENSATION SEE ATTACHED COST PROPOSAL In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles-Riverside-Orange Counties. Item 2C-37 Interwest, A SAFEbuilt Company Gianno Feoli Project Manager 786.436.0418 gfeoli@cgasolutions.com Joe Indrawan, PE Principal-in-Charge 909.618.7384 jindrawan@interwestgrp.com City of Palm Desert, CA August 29, 2022 | 2:00 PM RFP No. 810-22 Professional Engineering, Landscape Architecture and Design Service for Lupine Plaza ELECTRONIC 24 South D Street, Suite 100 Perris, CA 92570 Item 2C-38 City of Palm Desert, CA | RFP #810-22 | Professional Engineering, Landscape Architecture and Design Services for Lupine PlazaCONTENTS XX XX XX XX Proposer’s Experience Proposer’s Experience and Performanceand Performance Work PlanWork Plan Team Member’s Team Member’s Experience and Experience and PerformancePerformance Fee ProposalFee Proposal Tab A - Cover Letter Tab B - Experience and Technical Competence Background Project Examples References Tab C - Firm Staffing and Key Personnel Staffing Key Personnel Team Organization Subcontractors Tab D - Proposed Method to Accomplish the Work Technical and Management Approach to Providing Services to the City Quality Assurance/Quality Control Cost Estimating Anticipated Schedule of Tasks Tab E - Fee Proposal Assumptions and Basis of Fees Statement Fee Proposal Tab F - Resumes Resumes 2 5 7 17 39 40 41 42 44 45 46 47 61 65 67 68 69 70 73 74x 1Item 2C-39 Tab A Cover Letter 2Item 2C-40 3Item 2C-41 4Item 2C-42 Tab B Experience and Technical Competence 5Item 2C-43 City of Palm Desert, CA | RFP #810-22 | Professional Engineering, Landscape Architecture and Design Services for Lupine Plaza Under the parent company of SAFEbuilt, Interwest Consulting Group (Interwest) and Calvin, Giordano & Associates (CGA) have joined forces to form a team that will capitalize on the best and strongest strengths both firms offer to service the City of Palm Desert in the development of the Lupine Plaza. The team will benefit from Interwest’s local knowledge, experience permitting and processing municipal projects, and our established relationships with various regulatory agencies with a focus on strong and solid engineering practices. Coupled with that foundation, CGA will provide the team their unrivaled experience in public space creation, park design, and community improvement projects for municipal clients with diverse cultural make-ups. Together, our team represents a commitment from our parent company to continue to service the City of Palm Desert with our augmented services and in investing in the Palm Desert community. IW+CGA One Family, One Team 6Item 2C-44 City of Palm Desert, CA | RFP #810-22 | Professional Engineering, Landscape Architecture and Design Services for Lupine Plaza Tab B: Experience and Technical Competence Background Interwest Consulting Group (Interwest) was founded by individuals with a passion for serving municipalities. We currently employ more than 400 employees spanning a multitude of disciplines within municipal public works and building and safety departments. We currently serve more than 300 Cities, Counties, and State agencies across California. Our staff has held senior and executive management positions within numerous California cities and public agencies. This depth of experience brings a high level of expertise and sensitivity towards community and special interest group issues. We value the importance of a focus that represents the interests of our public agency clients and reflects positively on the citizens they serve. We provide the following services to our valued clients: • Building Department Services • Municipal Engineering • Traffic Engineering • Construction Management & Inspection • Grant Writing & Administration • Real Estate & Right of Way • Planning & Urban Design • Water Planning and Policy Corporate Entity Signing Authority Ownership Primary Project Contact(s) Project Office Colorado Corporation, legally certified to conduct business in the State of California Chris Giordano Chief Executive Officer Interwest Consulting Group is a wholly owned subsidiary of SAFEbuilt, LLC Joe Indrawan, PE 906.618.7384 jindrawan@interwestgrp.com Gianno Feoli 786.436.0418 gfeoli@cgasolutions.com 24 South D Street Suite 100 Perris, CA 92570 LOCATIONS Roseville Elk Grove Fremont Fresno Ontario Perris Irvine San Diego 7Item 2C-45 City of Palm Desert, CA | RFP #810-22 | Professional Engineering, Landscape Architecture and Design Services for Lupine Plaza FOUNDED IN HOLLYWOOD1937 370EMPLOYEES Serving Municipalities Throughout Florida COMPANY'S HISTORY AND QUALIFICATIONS Calvin, Giordano & Associates, Inc. (CGA) is a well established multi-disciplinary firm with offices located in Fort Lauderdale, Miami-Dade, West Palm Beach, Port St. Lucie, Estero, and Clearwater. For 85 years, our firm has been providing consulting services to both public and private sector clients. From the beginning, much of our reputation was built on repeat business with clients from the public and private sectors. Our success is reflected in the quality of work we consistently provide and also in the personal approach we take with each client. The winning combination is affirmed by our large number of repeat/long term municipal clients. Because of our diversity, CGA can control the entire process, offering a host of professional services as a one-source partner, or efficiently tackle time-sensitive individual projects, providing customized solutions with handpicked teams of highly experienced professionals. Custom Building Exceptional Solutions is the core of our business. CGA strategically provides a broad range of services to meet our clients’ needs. Our professional services include: • Building Code Services • Civil Engineering/Roadway and Highway Design • Coastal Engineering • Code Compliance • Construction Engineering and Inspection (CEI) • Construction Services • Data Technologies and Development • Electrical Engineering • Civil Engineering • Environmental Services • Facilities Management • Grant Management & Writing • Geographic Information Systems (GIS) • Governmental Services • Landscape Architecture • Planning • Project Management • Redevelopment and Urban Design • Surveying and Mapping • Transportation & Mobility • Transportation Planning • Water/Wastewater Utilities Engineering • Website Development Taking advantage of our diversified staff's experience and knowledge is what distinguishes CGA as a professional consultant and what allows our team to repeatedly complete projects on-time, under budget and exceeding expectations while doing so. LOCATIONS Clearwater Estero Fort Lauderdale Miami-Dade Port St. Lucie West Palm Beach 60 8Item 2C-46 City of Palm Desert, CA | RFP #810-22 | Professional Engineering, Landscape Architecture and Design Services for Lupine Plaza Landscape Architecture Services The IW+CGA Lupine Plaza Design Team has a unique blend of qualified professionals who provide a variety of interests and personal expertise as an underlay to our Landscape Architectural services. They are educators, community leaders, activists, volunteers, artists, designers, and LEED-Accredited Professionals. This mix of talent allows us to provide our clients with holistic, well-rounded design solutions that, beyond considering all the functional and implementation related issues needed to be resolved, ensure a design product that, once built, will provide for longevity, experience, equity, value, and unique identities essential to establishing community branding. This is supported by our qualified, award-winning staff, including Professional Landscape Architects with more than 60 years of collective professional experience in design, arboriculture, implementation, and community- focus. The IW+CGA Lupine Plaza Design Team has considerable talent and ability within its ranks and has the added resources within the company to provide all services – expected as well as unexpected – that may be needed during the course of any landscape architectural project. CGA’s broad range of project experience includes: Parks, streetscape and open space design; Grant application preparation and processing; Historic preservation; Hardscape design; Graphic design and presentation; Trail and open space design; Feasibility studies; Habitat restoration; Vegetative delineations and assessments; Arborist and tree mitigation services; Invasive exotic vegetation monitoring; Development of mitigation options with an opinion of probable cost; Wetland mitigation monitoring; Master Planning; Landscape and site planning; Urban revitalization; Greenway and streetscape design; Recreational infrastructure, and facilities design. Municipal Engineering Services Project Management The IW+CGA Lupine Plaza Design Team has extensive experience and success in developing and implementing municipal public works projects, including those with State and/or Federal funding requiring compliance with Departments of Transportation’s Local Assistance Procedures Manual. We create and apply management systems that work and carefully monitor program effectiveness by closely tracking work quality, quantity, and cost. Our approach begins with the identification of specific project priorities and their scheduled completions. Delivering Capital Projects under aggressive schedules involves management, administration, and oversight of project development teams from inception to completion. Project management to the IW+CGA Lupine Plaza Design Team means complete ownership of all aspects including project delivery, funding, project development, and programming. We measure our success in meeting deadlines, project budgets and most importantly, meeting our client’s expectations. Areas of focus include: • Monitoring program effectiveness • Agency coordination on joint projects • Following Local Assistance Procedures Manual and Guidelines • Stakeholder and community outreach • Ensuring environmental regulation compliances • Advanced project planning • Working with utility agencies on relocations • Bid and award contracts • Outside agency encroachment permits • Managing federally funded projects 9Item 2C-47 City of Palm Desert, CA | RFP #810-22 | Professional Engineering, Landscape Architecture and Design Services for Lupine Plaza Stormwater Interwest cooperates with local agency partners to create and implement stormwater quality compliance guidelines as mandated by the Regional Water Quality Control Board National Pollution Discharge Elimination System (NPDES) permit requirements – specifically, the Regional Boards’ latest MS4 permit for the client. Our staff provides technical guidance to the Plan Check and entitlement groups and development community by providing interpretation of Regional Water Quality Control Board permit requirements and associated water quality compliance guidelines. We will also conduct public outreach campaigns as required by NPDES permit to make public aware of critical water quality issues. The IW+CGA Lupine Plaza Design Team will assist in providing technical and material support to upper management and in-house staff regarding complex hydraulic and hydrological related issues. We will also review development plans to ensure that plans submitted by private developers are in compliance with drainage and floodplain management policies by conforming to local agency standards, drainage ordinances, and floodplain development policies. Development Plan Review Interwest has the collective, diverse team of people and experience to perform a full range of Engineering Plan Check. More importantly, we possess the knowledge and skills necessary to effectively integrate the necessary engineering services with the client’s staff to create a design plan check process that is coordinated, consistent, and predictable. The IW+CGA Lupine Plaza Design Team will also support the client in implementing the requirements of the client’s MS4 Permit. This includes: • Performing field inspections to ensure compliance with the MS4 permit • Permitting Best Management Practice (BMP) compliance for private storm water quality filtration devices • Compiling and filing all relevant documentation related to all permits, including required annual reports to the State Development of Storm Water Quality Implementation Plan Traffic Engineering Below is a listing of Traffic Engineering services that Interwest provides our municipal clients. Public involvement and community outreach for traffic and transportation projects that impact the public. Civic engagement is a key component to planning and implementing traffic solutions. Tasks may include public meetings, workshops and one-on-meetings with residents. Other tasks may include attendance and participation in public meetings, creation of various education and outreach materials such as flyers, PowerPoint presentations, etc. Preparation of engineering studies in response to citizen requests for traffic control device installations and modifications, such as stop signs, traffic signals, crosswalks, traffic channelization and speed zones. These studies will typically include the review of traffic collision, traffic count and/or speed survey data, field review of existing traffic control devices and motorist/pedestrian/bicyclist behavior, corner sight distance analysis, minimum stopping sight distance analysis, warrant studies based on the California Manual on Uniform Traffic Control Devices (CA MUTCD) and City standards/guidelines, discussions with City staff regarding the findings and recommendations, preparation of concept/final plans, as needed, and a report summarizing the findings and recommendations. If requested, the study will also be presented at community meetings or City Council meetings. Address school-related traffic concerns, including meeting with school staff, parents and residents, field observation of behavior, data collection as-needed, analysis of the need for speed feedback signs, crossing guards, crosswalks, stop signs, flashing beacons, etc., recommendations and a summary of findings and recommendations. 10Item 2C-48 City of Palm Desert, CA | RFP #810-22 | Professional Engineering, Landscape Architecture and Design Services for Lupine Plaza Preparation of traffic impact analysis reports, including discussions with City staff regarding study intersections, project opening year, approved projects and any project concerns, a review of the site plan regarding internal circulation and external access, a field review of existing intersection geometrics and any unusual conditions, traffic count data collection, project trip generation and assignment, level of service analysis based on City guidelines/ standards, identification of significant project impacts, proposed mitigation measures, and a report summarizing the analysis, findings and recommendations. Review of traffic impact studies prepared by others for private development, including the review of on-site circulation and project access, study intersections, project trip generation and assignment, level of service methodology and assumptions, accuracy of analysis and conclusions, appropriateness and feasibility of proposed mitigation measures, assist City staff prepare the conditions of approval, and preparation of comment memo. If requested, Interwest staff will attend Planning Commission and City Council meetings to make presentations and answer questions. Preparation of signing and striping plans, traffic signal plans, traffic control plans and traffic calming plans. These tasks will generally include the collection of existing plans for the street segment or intersection, field review to compare the plans to existing conditions, traffic data collection, as-needed meetings with City staff to ensure complete understanding of the desired design and to discuss/clarify any options, timely revisions in response to plan review comments, and signed and stamped final plans, specifications and cost estimate. The plans and specifications will be prepared in accordance with City standards, the CA MUTCD and other applicable standards. Private and public development plan review for traffic-related plans, ensuring that the plans are in compliance with the City and other applicable standards. The reviews will include recommendations for approval (conditions of approval). Review of traffic signal timing plans and collision data for intersections, with recommended adjustments. We will provide technical advice to City’s staff in connection with the maintenance and the operation of the City’s traffic signal facilities. Assistance in the development of relevant policies. Many changes are taking place in transportation engineering that cities need to be prepared for. They include SB 743 regarding changes to how traffic studies are prepared for CEQA, including the use of vehicle mile traveled (VMT) instead of intersection or street segment level of service (LOS) to determine a proposed project’s significant impact. The state is currently finalizing the regulations. Cities need to develop their own policies and fee programs in response to these new regulations to protect their interests. Autonomous (self-driving) cars are already being tested. Their potential impacts are unknown. They could increase the number of trips, but reduce the needed parking. The transportation engineering profession, as well as our own traffic engineers, is tracking their development. Preparation of grant applications for funding from Federal, State, and regional agencies for traffic safety studies and improvements. Construction Management and Inspection Services During construction of municipal capital improvement projects, Interwest has provided construction management administration, field inspections and close-out services from Notice to Proceed to Notice of Completion. While that has been clearly omitted from this proposal, Interwest is committed to utilizing these resources to serve as a constructability review of the work being performed to ensure all work meets all requirements for local and funding commitments, City codes and ordinances including APWA “Greenbook” Standard Plans and Specifications for Public Works Construction, Caltrans Standards and Specifications, ADA standards, and specific City standards and specifications through our QA/QC process. 11Item 2C-49 City of Palm Desert, CA | RFP #810-22 | Professional Engineering, Landscape Architecture and Design Services for Lupine Plaza Right-of-Way and Real Estate Expertise At Interwest, we offer unique, innovative and cost-effective solutions to the toughest right of way projects. We provide comprehensive right of way acquisition and relocation services to counties, cities and similar agencies within the local area, including, but not limited to: • Project management • Title and escrow services • Right of way engineering • Environmental support • Appraisal services • Right of way acquisition • Community outreach • Relocation plans • Relocation assistance • Tenant property acquisition • Property management • Cost studies/report preparation • Utility relocation coordination • Demolition coordination 12Item 2C-50 City of Palm Desert, CA | RFP #810-22 | Professional Engineering, Landscape Architecture and Design Services for Lupine Plaza Geotechnical Engineering Services Ninyo & Moore is a California Corporation, minority-owned, multidisciplinary consulting firm that provides high- quality geotechnical and environmental consulting services. The firm was incorporated in 1986 to provide consulting services in geotechnical engineering, construction inspection and testing, engineering geology, hydrogeology, hazardous waste remediation and environmental assessment. We are committed to being responsive, thorough, technically sound, and active in the business community. Ninyo & Moore serves its clients through offices in Los Angeles, Irvine, Fontana, San Diego, San Francisco, Alameda, San Jose and Sacramento, California; Denver, Fort Collins, Colorado; Las Vegas, Nevada; Prescott, Tucson, and Phoenix, Arizona; Salt Lake City, Utah, and Houston, Texas. Our staff of 500 professionals includes experienced and registered geotechnical engineers, civil engineers, environmental engineers, engineering geologists, hydrogeologists, environmental scientists, certified technicians and field inspectors, and hazardous waste and regulatory compliance specialists. The experience of Ninyo & Moore’s geotechnical staff encompasses projects throughout the southwestern United States, including recreational and medical facilities, commercial and municipal structures, educational, ports, harbors and offshore structures, reservoirs, pipelines, pump stations, sewers, treatment plants, power plants, dams, waste-to-energy facilities, tanks, bridges, roads, highways, tunnels, transmission towers, railroads, airports, low- and high-rise structures, landfills, and other public and private works. Land Surveying and Mapping Services Kelsoe & Associates is a full-service land surveying firm serving private and public sector clients throughout Southern California. The essential components that drive their practice are client service, innovation, and a quest for excellence. These principles have guided the performance and growth of their company and helped provide clients with technically advanced and cost-effective solutions that are specifically tailored to their needs. Formed in 1981, Kelsoe & Associates is a California Corporation based in the City of Corona. They currently employ a staff of Seven professionals. They maintain vehicles and equipment for three field crews utilizing robotic total stations and state-of-the-art GPS receivers. Kelsoe & Associates office staff is equipped with the latest AutoCAD software. We believe that Kelsoe & Associates is uniquely qualified to provide land surveying support services for the City of Palm Desert. Over the past 25 years, they have accumulated an extensive database of survey information throughout the Inland Empire. They are often able to provide their clients with substantial cost savings by utilizing previous survey data. They also believe that their record of past performance clearly shows that they are committed to delivering projects on time and within budget. Kelsoe and Associates not only encourage, but expect their staff to sharpen their skills and abilities through continuing education and company sponsored training workshops. Each member of their team attends bi-monthly training sessions related to emerging land surveying techniques and quality assurance. They continually strive to find better ways to serve their clients. 13Item 2C-51 City of Palm Desert, CA | RFP #810-22 | Professional Engineering, Landscape Architecture and Design Services for Lupine Plaza Fire Life Safety Fire, Life Safety, & Security Institute, Inc. provides the following services: • Building & Fire Code Analysis • Exiting Analysis • Computerized Fire Modeling • Accessibility & ADA Code Compliance Services • Negotiations with Authorities Having Jurisdiction • Due Diligence Surveys • Analysis of Fire Code Requirements for Hazardous Materials & Chemicals • Codes & Standards Monitoring Services • Fire Alarm • Fire Suppression • Smoke Control • Security Alarm • Fire Investigation • Litigation Support • Property Loss Control • Casualty Loss Control Traffic Analysis Mizuta Traffic Consulting (MTC) is a full-service Transportation Planning and Traffic Engineering firm providing knowledgeable, hands-on project management and specialized expertise to the clients we serve. The firm’s principal, Marc Mizuta, started the company in early 2016 to provide clients the same quality of work, but at a fraction of the cost of other firms in the area. MTC places great emphasis on strong project management and is dedicated to providing solutions for clients. Following is a list of services MTC provides: • Traffic Impact Studies • VMT Analyses • Parking Studies • Access Analyses • Multimodal Corridor Studies • Engineering and traffic Surveys • Interchange Analyses • Maintenance of Traffic Plans • Traffic Signal & Street Lighting Design • Traffic Control Plans • Traffic Operations & Signal Timing • Line of Sight Surveys • Third Party Traffic Study Review • Traffic Calming & Community Outreach • Grant Writing Traffic Data Collection Counts Unlimited Inc. was founded in 1990 and was established to provide accurate and comprehensive traffic data collection services at a reasonable cost to the transportation engineering community throughout California. Counts Unlimited, Inc. is a California Corporation, and certified SBE with the State of California. Counts Unlimited is headquartered in Riverside, CA with an experienced full-time staff of 15 employees, and a support staff of 10 employees that are located throughout California. All of our staff members receive extensive training and testing before they begin collecting data, in order to ensure they are meeting the highest possible standards of performance, accuracy, and customer service. We, as a company understand the immense importance of the data we collect, and the impact that it has on transportation planning. 14Item 2C-52 City of Palm Desert, CA | RFP #810-22 | Professional Engineering, Landscape Architecture and Design Services for Lupine Plaza Counts Unlimited, Inc. currently has a supply of over 200 ADT count machines (Volume, Speed, Classification), 50 manual data collection machines, and over 120 High Definition video cameras, which are used for a variety of counts, that include Intersection Turning Movement Counts, Pedestrian Counts, Bicycle Counts, Mainline freeway counts, Queueing Counts, License Plate Surveys, etc. To conduct radar speed surveys, we have an inventory of 7 handheld radar guns, with 15 staff members that are certified in collecting radar speeds. To perform travel time runs, we have 15 GPS enabled laptop computers that can be paired with dashcam video recording cameras. We take great pride in providing accurate data, and through our 30 years of experience, we have been able to refine our data collection methodologies. Counts Unlimited, Inc. has extensive experience in conducting traffic studies throughout the Southern California area. Counts Unlimited, Inc. specializes in traffic data collection including: Turning Movement Counts • ADT Counts • Classification Counts • Speed Counts • Radar Speed Surveys • Parking Lot Surveys • Signal Warrants • GPS Travel Time Surveys • Vehicle Occupancy Counts • Origin / Destination Surveys • Pedestrian Surveys • Transit Ridership Surveys • Vehicle Intercept Surveys • Pedestrian Surveys • Railroad Crossing Surveys • Gate / Driveway Count 15Item 2C-53 City of Palm Desert, CA | RFP #810-22 | Professional Engineering, Landscape Architecture and Design Services for Lupine Plaza Cost Estimator Services RIB U.S.COST is recognized as a leading cost management and project controls firm, assisting our clients with program management, cost estimating, value engineering, scheduling, and construction software solutions for over 30 years. With offices across the country and internationally, RIB U.S.COST serves corporate owners, government agencies, program managers, architects, engineers, contractors and others in the construction industry. Since 1983, RIB U.S.COST has been providing construction cost estimating, cost engineering, scheduling, project controls, value engineering services and developing leading-edge computer software to facility owners, designers and contractors throughout the world. RIB U.S.COST continuously perfects construction cost management professionals – supplying them with the technology / resources necessary to give clients reliable cost information. Cost consulting and management is all about value. As a leader in providing cost consulting services, RIB U.S.COST will assist in managing the cost of your project and stay within budget. Schedule controls assure that each job is delivered on time and provide the software tools, which support cost management and project control professionals – to do their jobs most efficiently. In all cases, the RIB U.S.COST Team acts as technical extension for the client “in house” resources. Project Experience RIB U.S.COST has a successful portfolio of estimating services for projects of all types. RIB U.S.COST’s experience throughout the United States includes cost estimating, scheduling, program management, project controls and value engineering studies. They currently have several contracts to provide ongoing cost estimating services in the United States. The following is a sample list of projects completed in the United States area: • San Diego International Airport (Current Prime Contract for 14+ years) • Salt Lake City International Airport • Rusk State Hospital – Rusk, TX • San Antonio State Hospital – San Antonio, TX • Dallas-Forth Worth International Airport – Dallas, TX • Mississippi River Commission Building – Vicksburg, CA • Green Build Gallery at San Diego Airport – San Diego, CA • Seattle-Tacoma International Arrivals Facility – Seattle, WA • Ole Miss Baseball Stadium Additions – Oxford, MS • University of South Alabama Football Stadium – Mobile, AL • City of Doral Triangle Park – Doral, FL • Truman Waterfront Park – Key West, FL • Sullivan Park Expansion, Deerfield Park – Deerfield Beach, FL • Hollywood Boulevard Landscape and Irrigation Improvements – City of Hollywood, FL • Palm & Hibiscus Islands Neighborhood Improvements – City of Miami Beach, FL • Constructability, Cost and Value Engineering Review Services, City of Miami Beach (Prime Contract) • East-West Streetscape Utilities and Beautification, City of Hollywood • 11th Street (Alton Road to Washington Ave), City of Miami Beach • City of Miami Springs Aquatic Facility • City of Miami Springs Senior Center 16Item 2C-54 City of Palm Desert, CA | RFP #810-22 | Professional Engineering, Landscape Architecture and Design Services for Lupine Plaza EXPERIENCE WITH SOMBRERO BEACH PARK, MARATHONSOMBRERO BEACH PARK, MARATHON NORTH BEACH OCEANSIDE PARK BEACHWALKNORTH BEACH OCEANSIDE PARK BEACHWALK PLAZAS & URBAN SPACES Activating plazas is a critical and fundamental necessity to guarantee that they don’t end up being relegated as left-over, residual spaces. We believe that the activation is not contingent on the designer selecting elements and placing them on the site arbitrarily. Instead, we approach plaza design from the understanding that plazas are truly destination spaces within the urbanized context, and, in order for them to fulfill that role, the decisions need to be driven by a well-integrated strategy of carefully coordinated design integrations that are supportive of the local El Paseo mainstreet. Additionally, the activation of the public realm needs to engage programming opportunities and efforts provided by the community and local businesses, and they need to be well integrated into their immediate surroundings and with the perimeter land uses. Incorporating these considerations in the design and detailing of the plaza will ensure that they remain places that the community can continuously relate to, find continual use of it, and be imbued with a sense of communal ownership that helps to promote use and safety. The IW+CGA Lupine Plaza Design Team recognizes these needs and invests the time to ensure that each plaza and facility we design is a true manifestation of the community it’s intended to serve. Beyond those differences, our approach to plaza design is consistent on a number of values, centered around the users and the location. We tailor our delivery of these with a full cognition that plazas and open spaces are essential to good quality of life and to an increase in localized economic resiliency, as they are frequently within 17Item 2C-55 LUMMUS PARK CONCEPT LUMMUS PARK CONCEPTLUMMUS PARK CONCEPT 18Item 2C-56 City of Palm Desert, CA | RFP #810-22 | Professional Engineering, Landscape Architecture and Design Services for Lupine Plaza areas able to ensure access in an equitable way. As such, we always seek for ways to embed strategies to increase social resiliency and equity in our design strategies. We seek to enhance ways to increase connections to 'place', if it’s by highlighting critical and important views, creating exiting contextual connections, being a ‘good neighbor’, locating programming in areas that capitalize on the presence of amenities, or by physically improving opportunities for people to engage and build community. Our spatial configuration of public plazas have always been characterized by a layered approach of interconnected spaces with subtle spatial definers and unified by a strong, branded quality. We approach these projects with the belief that they should be in complete support of their surrounding urban context. This includes being supportive to surrounding land uses and, from an urban stand-point, seeking to capitalize on opportunities to create a greater sense of engagement and potential collaboration of public- realm activation with those land uses. This results in an urban edge that, though distinct in quality and design, is perceived as seamless with the surrounding area. Our approach to all our plaza projects, especially those with a scenic or cultural opportunity, utilize architectural qualities and elements to deliver and exhibit humanized, relate-able and iconic experiences. These should be responsive to mark and highlight entrances and access points, identify critical and importance destinations, frame and enhance views, support flexible programming opportunities, and convey a branding strategy. MIDDLE BEACH RECREATIONAL CORRIDOR - PHASE II 19Item 2C-57 VIEW INTO LUMMUS PARK TOWARDS BEACH DUNES20Item 2C-58 City of Palm Desert, CA | RFP #810-22 | Professional Engineering, Landscape Architecture and Design Services for Lupine Plaza PARADISE PARK 21Item 2C-59 City of Palm Desert, CA | RFP #810-22 | Professional Engineering, Landscape Architecture and Design Services for Lupine Plaza NORTH BEACHOCEANSIDE PARK 22Item 2C-60 City of Palm Desert, CA | RFP #810-22 | Professional Engineering, Landscape Architecture and Design Services for Lupine Plaza Iconic architectural elements are important components that brand the public space and create references for memorable experiences. We also recognize that they are increasingly also a way to market and promote the public space. We approach the incorporation of inspirational architectural elements from the stand-point that they should serve two main functions: memorialize the history and ethos of place and engage users’ needs while satisfying their desires and aspirations. To do this, we incorporate architectural elements as a tool to create and enhance the sense of ‘100%-location’, or what we could call the ‘selfie moment’ - moment of high desirability. While serving to communicate the values and identity of the community, creating moments that people want to document as an integral part of their experience and one which they will post on social media is a way to embed a self-promoting marketing strategy into the plaza’s design to strengthen its role as a destination location, while solidifying its relationship and meaning with the community. This is achieved by aiming to create design excellence, including fine grain architectural detailing as a integral component of achieving a high quality outcome for this project. This will be essential in achieving a human scale, providing visual interest, diversity, and creating features that makes the collective space unique and strengthen the users’ ties to it over time. PARADISE PARK CUSTOM SCULPTURES NORTH BEACH OCEANSIDE PARK EXPERIENCE WITHICONIC ELEMENTS 23Item 2C-61 BAY HARBOR ISLANDS COMMUNITY CENTER POCKET PARK 24Item 2C-62 FIREMAN’S PLAZAFIREMAN’S PLAZA SHOPS AT PEMBROKE GARDENS TOWER FOLLIESHOPS AT PEMBROKE GARDENS TOWER FOLLIEOAKLAND PARK STATION PLAZAOAKLAND PARK STATION PLAZA 25Item 2C-63 DORAL GATEWAY STRUCTURES CIVIC CENTER PARK CUSTOM SCULPTURES PEACE MOUND PARK 26Item 2C-64 City of Palm Desert, CA | RFP #810-22 | Professional Engineering, Landscape Architecture and Design Services for Lupine Plaza EXPERIENCE WITH GUY DAVIS PARK, STUART NORTH BEACH OCEANSIDE PARK BEACHWALK DRAINAGE, REHYDRATION AND/OR SURFACE WATER MANAGEMENT The Team has experience in all types of drainage engineering and has provided the following services: • Basin wide hydrologic and hydraulic modeling; • Master drainage system modeling; • Analysis and pumping station upgrades; • New drainage injection well and pump station permitting and design; • Updates of the comprehensive drainage plan; • Community Block Grant Projects; • Neighborhood Improvement Projects; and • Sustainable Design Projects. IW and CGA both use the latest in advance computer assisted software technologies such as Advanced Interconnected Pond Routing (ADICPR), Hydraflow, Cascade and other state of the art computer programs. We also have experience in obtaining several millions of dollars in grants to accomplish other municipalities goals and objectives. Furthermore, we have also developed stormwater master plans for several municipalities where we have provided a number of stormwater-related activities such as stormwater modeling, drainage calculations, pump station design and / or pump station rehabilitation, NPDES MS4 compliance, culvert design, canal extensions and other related hydraulic structures. 27Item 2C-65 City of Palm Desert, CA | RFP #810-22 | Professional Engineering, Landscape Architecture and Design Services for Lupine Plaza The streetscape edge component of this project is a very important component, as the connection and integration with the fronting neighborhood requires careful design considerations and sensitivity. Our approach to that connection would be to first recognize that it will serve and operate as an urban edge to the plaza, while also setting the tone and design quality expectations that plaza visitors will have upon engaging that ‘edge.’ As such, it needs to be one that is scaled appropriately to define the plaza and serve as a viewing edge for public surveillance. Secondly, we propose to approach the design of that streetscape frontage as one that should be integral and seamless with the public realm, blurring the boundaries between the plaza and the street to create a shared amenity that perceptually feels like an important public space. Our approach to streetscapes is not to view them as vehicular infrastructure, but rather as an opportunity to augment the neighborhood as a community infrastructure. Streetscapes can play a critical and vital role in pushing an agenda through design to maximize every inch of the right-of-way to enhance the pedestrian qualities and provide amenities for greater walkability, while creating a highly-branded and continuous experience, without compromising safety or the need to accommodate utilities. CUTLER BAY TOWN CENTER VISUALIZATION SW 2ND AVE HIMMARSHEE DISTRICT STREETSCAPE EXPERIENCE WITHSTREETSCAPES 28Item 2C-66 AVENIDA 6TA NORTE, CALI COLOMBIA PROPOSALAVENIDA 6TA NORTE, CALI COLOMBIA PROPOSAL 29Item 2C-67 INDIAN CREEK HISTORIC BRIDGE SURFSIDE BUSINESS DISTRICT SW 2ND AVENUE HIMMARSHEE DISTRICT STREETSCAPE 30Item 2C-68 NORTH BAY ROAD PEDESTRIAN BRIDGE 31Item 2C-69 City of Palm Desert, CA | RFP #810-22 | Professional Engineering, Landscape Architecture and Design Services for Lupine Plaza Client City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Contact Information at Time of Project Omar J. Leon Urban Forester Tel: 305.673.7722 Project Date 2019 Services Provided Landscape Architecture Urban Design Resiliency Design Arborist Services Collaborators Davey Resource Group, Inc. Firm Fee's $ 49,000.00 Construction Cost $ Not Applicable In partnership with Davey Resource Group and Calvin, Giordano and Associates, Inc. (CGA) has developed an Urban Forestry Master Plan, focused on managing the City’s trees into the future. The plan establishes a clear set of priorities and objectives that aid in the management, maintenance, and future planting of trees throughout the City by providing a sustainable and strategic framework. CGA’s primary contribution to the master plan was the development of an implementable ‘Tool Kit’ that advances the recommendations in the master plan to generate standards that guide the roll-out of these. The ‘Tool Kit’ includes specific case studies of unique conditions in the City that address the intersection of urban forestry considerations with issues such as historic preservation, sea-level rise, and community/neighborhood identities with a focus on satisfying the City’s goal to have strategies in place to increase resiliency and climate adaptation. Additionally, the ‘Tool Kit’ establishes acceptable plant palettes and the species’ most desirable use-situations, as well as constructability standards for balancing adequate root- growth zones with green infrastructure and urban streetscape build-out conditions. Finally, the ‘Tool Kit’ establishes a street-tree prioritization plan to guide future streetscape projects, examines and establishes a metric of measurement to define “success” in future-planned City projects across several different departments, and it establishes parameters to facilitate the cost estimating and planning for these during the budget cycles and scope processes of each project. URBAN FORESTRY MASTER PLAN Miami Beach, FL 32Item 2C-70 City of Palm Desert, CA | RFP #810-22 | Professional Engineering, Landscape Architecture and Design Services for Lupine Plaza Client Fort Lauderdale Downtown Development Authority (DDA) 110 East Broward Boulevard, Suite 1610 Fort Lauderdale, FL 33301 Contact Information at Time of Project Elizabeth Van Zandt Executive Vice President Tel: 954.123.4567 Elizabeth@ddaftl.org Project Date 2020 Services Provided Landscape Architecture Civil Engineering Electrical Engineering Surveying Firm Fee’s $ 81,195.00 Construction Cost $ 750,000.00 (Budgeted) $ 650,000.00 (Actual) Our approach to this project was one inherently about urban design and space- creation. It was not simply a matter of beautification, but rather a process of embedding the environment with value to take advantage of inherent, flexible opportunities. We believe that these, in turn, will animate socialization, celebrate the culture of place, and provide for a multi-functional framework. We seek to capture the human experience, including mood, atmosphere, color, sound, tactility, pleasure and light that characterizes the ethos of ‘place’ that lives at this intersection of: • Culture – with the Broward Center for the Performing Arts, Museum of Discovery and Science, and the Esplanade Park, • Socialization – with the vibrant Himmarshee Street nightlife scene, • History – with the campus of historical buildings, including the Museum of History, Hoch Heritage Center, Philemon Bryan House, King-Cromartie House, and the Schoolhouse), and • Access and Connectivity – with the continuity of the Riverwalk as a major destination linking the various waterfront properties. Our goal for this project was to provide a design solution that results in products that are resilient, innovative, creative, sensitive, inspiring, memorable, responsible, interpretive, comprehensive, imaginative and visionary. We lead by design and with design. SW 2ND AVENUE STREETSCAPE PROJECT Fort Lauderdale, FL 33Item 2C-71 City of Palm Desert, CA | RFP #810-22 | Professional Engineering, Landscape Architecture and Design Services for Lupine Plaza Client Town of Davie 6591 Orange Drive Davie, FL 33314 Contact Information at Time of Project Jonathan Vogt, PE Town Engineer Tel: 954.797.1197 Jonathan_Vogt@davie-fl.gov Project Date 2014 - 2020 Services Provided Civil Engineering Traffic Engineering Landscape Architecture Surveying and Mapping Post Design Services Firm Fee’s $ 460,000.00 Construction Cost $ 6,443,081.26 CGA recently completed the design, permitting (SFWMD, CBWCD, THISCD, BC- HCED), bidding services and post design services for the Nova Drive Improvements project (from Davie Road to University Drive) for Town of Davie. The construction scope of work includes 2521 LF of Exfiltration Trench, 4067 LF of RCP (12” to 30” diameter), 75 storm inlets/manholes, regrading of swales, adding medians, upgrading ADA compliance, signalization improvements, a new roundabout, bike lanes, and associated roadway infrastructure improvements. The eastern commercial end of the corridor was updated from a 3-lane section to a 4 lane divided section with bike lanes and wide sidewalks while the western, residential section was widened to accommodate bike lanes and/or sharrows. A roundabout justification report with public outreach was required to permit the roundabout in a non-traditional location within in the corridor with the purpose of reducing speeds and allowing easy “u-turns”. The project also included upgrading the signalization at the intersection of College Avenue and Nova Drive. NOVA DRIVE COMPLETE STREETS IMPROVEMENTS (CIGP FUNDED) Davie, FL 34Item 2C-72 City of Palm Desert, CA | RFP #810-22 | Professional Engineering, Landscape Architecture and Design Services for Lupine Plaza Client City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Contact Information at Time of Project: Elka Linton-Dorsett CIP Program Manager Tel: 305.792.1939 EDorsett@sibfl.net Project Date 2011 - 2018 Services Provided Landscape Architecture Engineering Design Permitting Contract Document Preparation Construction Engineering CEI Firm Fee’s $ 1.2 Million Construction Cost $ 7.8 Million The principal function of the bridge is to provide pedestrian access across the canal, as well as it is designed to provide access to emergency vehicles as a bypass to Collins Avenue during periods of heavy traffic congestion. The CGA team approached the project first as a ‘place’ and a pedestrian amenity, and second as an emergency access last. The design was centered on creating a park-like setting with planting and seating that would appeal to pedestrian use and would promote lingering. A strong branding strategy was embedded within the hardscape design that reinforced the concept of using infrastructure as a recreational asset and in turn has established it as a landmark within the City. The project included several work efforts adjacent to the bridge, including the construction of an observation deck in Town Center Park, located at the eastern end of the canal, and a boardwalk connecting the deck to the North Bay Road bridge. Associated drainage, roadway, utility, and hardscape improvements were made along 174th St. and 172nd St. to account for the increased drainage and other impacts to the surrounding infrastructure. The project involved intensive coordination with regulatory agencies, utilities, government entities, and local stakeholders. The CGA team was able to procure all necessary permits to conduct the work on schedule. NORTH BAY ROAD PEDESTRIAN BRIDGE Sunny Isles Beach, FL 35Item 2C-73 City of Palm Desert, CA | RFP #810-22 | Professional Engineering, Landscape Architecture and Design Services for Lupine Plaza Client City of Delray Beach CRA 20 North Swinton Avenue Delray Beach, FL 33444 Contact Information at Time of Project Jeff Costello Assistant CRA Director Tel: 561.276.8640 CostelloJ@ci.delray-beach.fl.us Project Date 2015 - 2017 Services Provided Urban Design Landscape Architecture Civil Engineering Electrical Engineering Surveying Firm Fee's $ 7,000.00 Construction Cost $ 800,000.00 The Delray Beach CRA’s 2002 Downtown Master Plan identified NW/SW 5th Avenue as the mid-point along Atlantic Avenue, between Interstate I-95 and the downtown core. The plan recommended the creation of twin public plazas on the northwest and southwest corners of the intersection to serve as a new neighborhood center and gathering place for the community as a whole. CGA designed the plaza on the Northwest corner which consists of landscape features and pedestrian amenities. The design also included colorful terrazzo and keystone pavers similar to the Libby Wesley Plaza (SW corner) of intersection, and includes four bronze emblems featuring fire rescue motifs. Green building elements such as permeable pavers and native vegetation were also incorporated into the project. The design allows for seamless integration into the Atlantic Avenue corridor while still honoring the unique civic identity of the Fire Rescue Headquarters. FIRE STATION COMMEMORATIVE PLAZA Delray, FL 36Item 2C-74 City of Palm Desert, CA | RFP #810-22 | Professional Engineering, Landscape Architecture and Design Services for Lupine Plaza Client City of Sunny Isles Beach 18070 Collins Avenue, 3rd Floor Sunny Isles Beach, FL 33160 Contact Information at Time of Project Claudia Hasbun, AICP Planning and Zoning Director Tel: 305.792.1740 chasbun@sibfl.net Project Date 2018-2019 Services Provided Park Master Planning Landscape Architecture Urban Design Graphic Design & Visualization Planning Firm Fee's $ 69,535.00 Construction Cost $ 16 Million (Estimated) After the completion of the City’s Transportation Master Plan, Sunny Isles Beach identified the intersection of Collins Avenue at 174th Street to be the most dangerous within the City-limits. After receiving, from the Miami-Dade County Transportation Planning Organization, a matching grant to conduct a study for this project, the City approached CGA to manifest an alternate means of crossing the hazardous intersection. The CGA design team approached the design that breaks free from traditional pedestrian bridges that transcend the illusion of a cage and create an elevated park system, increasing pedestrian and vehicular safety. The design approached the project as creating a destination and experience by branding it as a ‘park’ and not just a ‘bridge.’ Instead of simply creating a connection from East to West, the project should instead be thought of as a solution that creates an extension of open space that envelops the bold ethos of its context, stapling the park as an iconic and emblematic solution that increases connectivity and capitalizes on the vistas of Sunny Isles Beach. CGA is currently in pre-design phase as part of a team engineering the bridge for construction. 174TH ST BRIDGE PARK CONCEPTUAL DESIGN Sunny Isles Beach, FL 2020 DESIGN AWARD OF MERIT American Society of Landscape Architects Florida Chapter 37Item 2C-75 City of Palm Desert, CA | RFP #810-22 | Professional Engineering, Landscape Architecture and Design Services for Lupine Plaza Client Fort Lauderdale Transportation and Mobility Department Contact Information at Time of Project Susan Capdeville Senior Administrative Assistant Transportation and Mobility (TAM) Tel: 954.828.4699 SCapdeville@fortlauderdale.gov Project Date 2018 - 2020 Services Provided Landscape Architecture Surveying Civil Engineering Electrical Engineering Construction Services Firm Fee’s $ 109,980.00 Construction Cost $ 960,000.00 (Budgeted) $ 958,791.50 (Actual) The project location was one block west of A1A on two streets along this coastal business district. The center median space on NE 32nd Street contained a ten- foot-wide planting space with existing trees and palms. The handicap spaces on both blocks did not meet ADA so the improvements to pedestrian safety was a key component of this project. On NE 33rd Street, a smaller median was in place which had been planted with large Mahogany trees that were damaging the existing curb, concrete walks, and asphalt paving as the roots of the trees were uplifting the hardscape. These trees were permitted for removal and mitigation through the City’s Department of Sustainability Design. The replacements for these trees included the installation of a sub-surface root space system called Silva Cells which expanded the root space below the asphalt parking area. This system provided a sustainable planting method for the new native trees. Bulb-out planting areas were incorporated into the design at the west end of each block to improve the pedestrian crosswalk condition for enhanced safety. Services that were provided by CGA included landscape architecture, surveying, Civil and Electrical Engineering and Construction Administrative services. Existing FPL lighting was replaced with LED fixtures to meet code for pedestrian travel, and new decorative lighting was installed to provide consistent aesthetics and greater energy efficiency. Additional scope included new curbing, drainage, electrical pedestals, and control panel upgrades. This important project ties to the iconic Fort Lauderdale Beachwalk and oceanfront experience and provided much needed sustainable improvements to this historic business district. NORTH GALT SHOPS AT A1A & NE 32ND & 33RD STREET Fort Lauderdale, FL 38Item 2C-76 City of Palm Desert, CA | RFP #810-22 | Professional Engineering, Landscape Architecture and Design Services for Lupine Plaza REFERENCES Provided below are references for Interwest and CGA on similar size and scope to Lupine Plaza that you can contact to speak on behalf of the services we’ve provided. Interwest Calvin, Giordano & Associates, Inc. Client City of Perris 101 N. D Street Perris, CA 92570 Contact Information at Time of Project: Sabrina Chavez Director of Community Services 951.943.6603 SChavez@cityofperris.org Contact Information at Time of Project: Bryant Hill, Public Works Director 954.657.3280 ext. 615 BHill@cityofperris.org Contract Value: $100,000 Annually On-Call landscape plan review & inspection. Prepared design review & conditions of approval templates. Client City of Rio Vista, CA 1 Main St Rio Vista, CA 94571 Contact Information at Time of Project: Rob Hickey City Manager 704.374.6451 ext 1101 rhickey@ci.rio-vista.ca.us Contract Value: $50,000 Annually On-Call landscape architecture review service. Client March Joint Powers Authority 14205 Meridian Pkwy #140 Riverside, CA 92518 Contact Information at Time of Project: Dr. Grace Martin, Executive Director Tel: 951.656.7000 Email: martin@marchjpa.com Contract Value: $200,000 Annually On-Call landscape design review and inspection services for both private and public projects. Client City of Stuart 121 SW Flagler Avenue Stuart, FL 34994 Contact Information at Time of Project: Pinal Gandhi-Savdas CRA Administrator 772.283.2532 PGandhi@ci.stuart.fl.us Client Village of Key Biscayne 88 West McIntyre Street Key Biscayne, FL 33149 Contact Information at Time of Project Todd Hofferberth Director, Parks and Recreation Tel: 305.365.8900 ext 1213 thofferberth@keybiscayne.fl.gov Client City of Miami Beach 1701 Meridian Ave, 3rd floor, Miami Beach, FL 33139 Contact Information Ariel Guitian Senior Capital Projects Coordinator, Office of CIP 305.673.7071 x 4105 ArielGuitian@miamibeachfl.gov Client City of Weston 17250 Royal Palm Boulevard Weston, FL 33326 Contact Information at Time of Project: Denise Barrett-Miller Director of Communications 954.385.2000 DBarrett@westonfl.org 39Item 2C-77 Tab C Firm Staffing and Key Personnel 40Item 2C-78 City of Palm Desert, CA | RFP #810-22 | Professional Engineering, Landscape Architecture and Design Services for Lupine Plaza TEAM LEADERSHIP - KEY PERSONNEL The IW + CGA Team will be led by two key individuals, each uniquely situated to provide the City of Palm Desert with the needs for this project:. Gianno’s role as Project Manager/Lead Design Manager will be to set the tone for the project, deliver and moderate public outreach, and conceptualize and guide staff in the preparation of a design solution. His leadership in project excellence and in devising implementable design solutions have earned several distinguished, professional design awards. Some distinguishing qualities he offers includes: • Over 20 years of experience in projects that bridge visioning, planning, and site improvements scales • Over 24 passive and active constructed parks at varying sizes. • Experience includes creative design strategies for urban environments, master planning, community participation and graphic communication • Experience has encompassed a wide array of project-types, and strengths lie in connectivity plans, streetscapes and urban interventions, park design, and form-based urban design. Joe’s role as Principal-in-Charge will infiltrate all aspects of all project development with a driving force to ensure that the goals and objectives for the projects meet the expectations of the City, residents, and the overall affecting community and are supported by all the necessary in-house resources of the SAFEbuilt organization. Some distinguishing qualities he offers includes: • More than 35 years of civil engineering experience, including 30 years of service with municipal agencies. • Diverse experience allows him to bring a clear understanding and considerable depth to any project. • Possesses excellent communication skills, providing high level customer service in a professional manner at all times. • Experience with ‘Prop 68’ grant sourcing and funding GIANNO FEOLI, PROJECT MANAGER Lead Design Manager, Design Services Coordinator, Public Outreach Moderator/Coordinator JOE INDRAWAN, PRINCIPAL-IN-CHARGE Overall Project Supervision, Technical Resources Coordinator 41Item 2C-79 City of Palm Desert, CA | RFP #810-22 | Professional Engineering, Landscape Architecture and Design Services for Lupine Plaza KEY PERSONNEL NAME TITLE Joe Indrawan, PE Principal-in-Charge / Civil Engineer Gianno Feoli Project Manager/Lead Design Manager/Public Outreach Lawrence “Larry” Morita, PLA Landscape Architect of Record Dominic Mack, PLA Landscape Architect Richard Walker CEQA Compliance / Planning Jenna Martinetti, PE Civil Engineer Jorge Cervantes, PE Electrical Engineer Glen K. Lewis, PE Civil Engineer James Young Park, PE, QSD/P Civil Engineer Oscar D. Olmedo Senior Project Designer Craig Bradshaw, PE, PLSA Civil Engineer and Land Surveyor Nicole Jules, PE Traffic and Civil Engineer Seth Jenison, PE, TE, PTOE Traffic Engineer Ruth Smith, TE, PTP Traffic Engineer Charmine Solla, PE, TE, PTOE, PMP Traffic Engineer Alan Perkins Traffic Engineering Technician Joseph Mullaney, EIT Associate Engineer (Traffic) George Alvarez Traffic and Civil Engineer Brett A. Paulson, SR/WA, R/W-NAC Real Estate / Right-of-Way Manager Jinpei Zhang, EE Electrical Engineer Ali Sadre, SE, CASp Senior Lead Structural Engineer Marcos Mendoza Landscape Design / Irrigation Jonathan C. Jones Landscape Plan Reviewer Kevin Ko, PE, QSD, PMP Civil Engineer Tyrone J. Chesanek, PE Construction Manager Michael Conner, PLA, ISA Landscape Architect, ISA-Certified Arborist Vickki Placide-Pickard Planning Administrator/Grant(s) Grace Alvarez Planning and Programming Manager/Grants(s) IW+CGA Lupine Plaza Design Team have sufficient staff to support the projects under this contract because we serve as municipal staff, and in keeping with our reputation of being promptly responsive, we ensure that availability of our staff never goes below 40 percent for our senior staff and 30 percent for our technical support staff, amending our staffing needs as necessary. This is a strategy that we maintain to allow us to meet the impromptu and unexpected demands of all of our clients without sacrificing the needs of others. Interwest guarantees that we will have the necessary staff to meet all the needs no matter what they are. IW+CGA Lupine Plaza Design Team is proposing xx key personnel internally, plus our subconsultants as well. Our team has the ability to provide additional personnel as-needed. 42Item 2C-80 City of Palm Desert, CA | RFP #810-22 | Professional Engineering, Landscape Architecture and Design Services for Lupine Plaza NAME TITLE Lee Rowbotham Senior CAD Technician Katharine Kupsky Senior CAD Technician Bob Kelsoe, PLS Surveyor - Kelsoe & Associates, Inc. Andy Schmidt Project Surveyor - Kelsoe & Associates, Inc. Daniel Rivera Project Surveyor - Kelsoe & Associates, Inc. Michael Putt, PG, CEG Principal Geologist - Ninyo & Moore Daniel Chu, PhD, PE, GE Chief Geotechnical Engineer - Ninyo & Moore Fabianne Arias Lead Cost Estimator - RIB U.S.Cost Marcelo Salzar Senior Cost Estimator - RIB U.S.Cost Sarah Maman, PE Fire Protection Engineer - Fire, Life Safety, & Security Institute, Inc. Marc Mizuta, PE, PTOE Traffic Engineer Analysis - Mizuta Traffic Consulting Kris Campos Traffic Data Collection - Counts Unlimited 43Item 2C-81 City of Palm Desert, CA | RFP #810-22 | Professional Engineering, Landscape Architecture and Design Services for Lupine Plaza • Feasibility Analysis • Surveying & Mapping • Subsurface Utility • Geotechnical • Public Outreach • Visualization Renderings • Gateway Features • Hardscape • Landscape Features • Cost Estimates • Construction Administration • Site Planning • Design of Urban Public Spaces • Open Space Planning, Analysis & Design • Active & Passive Park Design • Irrigation Design • Streetscape Planning, Analysis & Design • Real Estate / Right- of-Way FOUNDATION & RECONNAISSANCE SERVICES COMMUNICATIONS SERVICES ELEMENT-SPECIFIC DESIGN & ENGINEERING SERVICES CONSTRUCTION SERVICES GENERAL DESIGN & ENGINEERING SERVICES CORE DESIGN SERVICES • Landscape Design Guidelines • Maintenance Standards • Grant Administration • Grant Writing • Signed and Sealed Construction Documents • Bid Packages • Specifications • Surveying • Geotechnical • Cost Estimator • Subsurface Utility Investigation • Fire Protection • Traffic Engineering Support GUIDES & MAINTENANCE DOCUMENTS GRANTS TECHNICAL DRAWING PRODUCTION & SUPPORT SUBCONSULTANT SUPPORT TECHNICAL SUPPORT SERVICES City of Palm Desert GIANNO FEOLI PROJECT MANAGER LAWRENCE “LARRY” MORITA, PLA CONTEXT LEAD; LANDSCAPE ARCHITECT OF RECORD JOE INDRAWAN, PE PRINCIPAL-IN-CHARGE Joe Indrawan, PE Lawrence “Larry” Morita PLAGianno Feoli, ASLA Civil, Drainage Stormwater Compliance Landscape, Program/Use, and Urbansim Craig Bradshaw, PE, PLS **Bob Kelsoe** Michael Putt, PG, CEG ** Daniel Chu, PhD, PE, GE Surveying Geotechnical & Environmental Services Gianno Feoli, ASLA Dominic Mack, PLA Moderator & Facilitator 3D Graphics & Graphic Design Gianno Feoli, ASLA Dominic Mack, PLA Branding & Graphics Kevin Ko, PE, QSD, PMPTyrone J. Chesanek, PE** Fabianne Arias ** Marcelo Salazar CMI Cost Estimator Jenna Martinetti, PE Jorge Cervantes, PE Joe Indrawan, PE Glen K. Lewis, PE James Young Park, PE, QSD/POscar D. Olmedo Craig Bradshaw, PE, PLSA Nicole Jules, PE George AlvarezJinpei Zhang, EE Ali Sadre, SE, CASp Brett Paulson Gianno Feoli, ASLADominic Mack, PLA Michael Conner, PLA, ISA Marcos MendozaLawrence “Larry” Morita PLA Jonathan C. Jones Engineering Team for QA/QC & Civil Engineering Peer Review Engineering Design Team Traffic Engineering Electrical Engineering Structural Engineering Real Estate / Right-of-Way Context Sensitive Design Team Planting, Arborist & Irrigation Design Team • CEQA ComplianceCEQA COMPLIANCE Richard Walker CEQA CompliancePlanning Michael Conner, PLA, ISA Vickki Placide-Pickard Grace Alvarez Landscape Team Grant Team Lee Rowbotham Katharine Kupsky Dominic Mack, PLA Marcos Mendoza **See the following page for a list of our subcontractors key personnel and their proposed role. Technical Drafting Team **Kelsoe & Associates, Inc.**Ninyo & Moore **RIB U.S.Cost **Counts Unlimited, Inc. **Fire, Life Safety, & Security Institute, Inc.**Mizuta Traffic Consulting ORGANIZATIONAL CHART 44Item 2C-82 City of Palm Desert, CA | RFP #810-22 | Professional Engineering, Landscape Architecture and Design Services for Lupine Plaza Subcontractors IW+CGA Team are proposing the following subcontractors listed below to provide geotechnical engineering services, cost estimating, traffic data collection, traffic analysis, fire protection and surveying and mapping services. IW+CGA has a team ready to fulfill the environmental technical studies (stormwater and drainage, traffic, air quality, biological, and other technical studies). Key Personnel Role Ninyo & Moore - Geotechnical & Environmental Sciences Consultants Michael Putt, PG, CEG Geotechnical Engineering Services Daniel Chu, Phd, PE, GE Geotechnical Engineering Services Kelsoe & Associates, Inc. - Surveying Bob Kelsoe, PLS Surveying and Mapping Services Andy Schmidt Project Surveyor Daniel Rivera Project Surveyor RIB U.S.COST - Cost Estimator Fabianne Arias Lead Cost Estimator Marcelo Salazar Senior Cost Estimator Counts Unlimited, Inc. - Traffic Data Collection Kris Campos Traffic Data Collection Mizuta Traffic Consulting - Traffic Analysis Marc Mizuta, PE, TE, PTOE Traffic Engineer Analysis Fire, Life Safety, & Security Institute, Inc. - Fire Protection Services Sarah Maman, PE Fire Protection Engineer 45Item 2C-83 Tab D Proposed Method to Accomplish the Work 46Item 2C-84 47Item 2C-85 48Item 2C-86 49Item 2C-87 City of Palm Desert, CA | RFP #810-22 | Professional Engineering, Landscape Architecture and Design Services for Lupine Plaza DESIGN APPROACH When approaching the design for the identified location to convert the segment of the street into a plaza, the IW+CGA Lupine Plaza Design Team will build upon the public input received byt he previous consultant and the vision plan that was adopted by City Council to generate a high-quality, desirable, and well-articulated urban plaza design. Of note during the design process will be an emphasis on the inter-relationships between key critical components: human experiences, traffic engineering considerations, and design of infrastructural systems needed to support a lively, vibrant, and desirable destination urban plaza. This initial and thorough analysis will set the foundation for how we approach the development of the design resolution, resulting in a design solution that is uniquely tailored to the needs and ethos of the City of Palm Desert and their residents. Additionally, ensuring the careful intersection of these design considerations will serve to illustrate the performative qualities of each individual framework, while revealing necessary overlaps or connections that are needed for the seamless functionality of the eventual plaza. This is particularly critical with this project because the City has already identified that a desired outcome is that the plaza have regional appeal, and its size and prominence in the community has the potential to serve as an important catalyzing element and contributor to the continued investment in the City’s observable high standards of living and the high quality of public spaces. The frameworks that we seek to identify and intersect through this process will include: • Economic realms – focusing on the planning related impacts of the future improvements and how they can contribute to the overall development and economy of the area; • Social realms – focusing on how the plaza project and its amenities, particularly its planned uses and programming, can build stronger communities by providing opportunities for socialization, community- building, and ensuring that equity is achieved in a manner that is multi-generational; • Environmental realms – focusing on using the plaza and its facilities as ‘green’ lungs and sponges in the area, facilitating greater carbon sequestration, heat island effect amelioration, and, critically, ensuring that the selected plaza location is compliant with all CEQA requirements; • Ecological realms – focusing on opportunities for wildlife habitat and the use of natural landscapes and planting material for greater resiliency to the extreme desert conditions and that promote water conservation and re-use; • Hydrological realms – focusing on using the plaza and its facilities as passive sponges facilitating opportunities for groundwater recharge, and low-impact development stormwater strategies; and • Infrastructural realms – focusing on the needed systems to provide services, access, wayfinding, safety and security, event opportunities, and future-proof components to ensure potential adaptation of the plaza to remain relevant to ever-changing trends in plaza usage patterns. During the development of a conceptual design approach, our IW+CGA Lupine Plaza Design Team will explore opportunities to fulfill the untapped and innovative opportunities that will elevate the project beyond just a standard plaza to a public space that seeks to become a cohesive component of the identity, character, and daily life of the Palm Desert community. Our Design Team will be dedicated to leveraging placemaking opportunities to help the City reinforce their ongoing economic development efforts and provide tangible benefits through objective-oriented solutions that can be implementable. A critical component of this is to ascertain what are the key success metrics that will generate creative, consistent, and high-quality programming. This will generate a transformative project with a wide array of amenities and uses that serves as a destination, while showing respect to abutting property owners and their concerns for access, safety, security, and privacy. 50Item 2C-88 City of Palm Desert, CA | RFP #810-22 | Professional Engineering, Landscape Architecture and Design Services for Lupine Plaza Once the design process is underway, we will make efforts to iterate design solutions and test them through the approval process to arrive at solutions and a vision that is supported by data and consensus. The goal here will be to push the envelope, find opportunities to innovate, and encourage discussion among stakeholders in the face of new and exciting possibilities. I OVERALL SCOPE OF WORK FRAMEWORK General Services – Services needed to administer the project and deliver it to the client. These include general project management services, Quality Assurance and Quality Controls processes, coordinating with subconsultants, etc. Foundation Data-Collection Phase – Collecting all necessary background and foundational data needed to provide the services and generate a design. Public Outreach Process – IW+CGA Team will engage in a public engagement process in partnership with the City. This will include the preparation of a Public Engagement and Outreach Plan, with a focus on obtaining the most inclusive and equitable process as possible. An outcome of the engagement process will be to define program, approach and design components for the two plaza sites in question, as well as generate a series of outcome-driven action plans that are to be implemented in the conceptual design phase to follow. ADA MOT DRAINAGE/ PERMITTING ELECTRICAL & LIGHTING LANDSCAPE PLACEMAKING COMPLETE STREETS PLANNING, TRANSPORTATION & SAFETY PAVEMENT MARKINGS & SIGNAGE DESIGN APPROACH RESILIENCE & GREEN DESIGN 51Item 2C-89 52Item 2C-90 City of Palm Desert, CA | RFP #810-22 | Professional Engineering, Landscape Architecture and Design Services for Lupine Plaza Conceptual Design Phase – IW+CGA Team will work closely with City Staff to develop the conceptual plans that identify the size, location and metrics of the many components that need to be included. The objective of the conceptual plan will be to provide layout strategies to-scale on a surveyed base, identifying the final programming and uses of the future plaza, and finalizing all the areas and inter-relationships of uses and components to be included. This will also serve as the basis to define and perform any added CEQA compliance needs and processes. Schematic Design Phase – Based on the approvals and directives of the Conceptual Design, the IW+CGA Team will further develop the design under Staff direction to the point that it meets the criteria for submission to the City Council for approval. This Phase will include an Engineers Estimate of Probable Cost to the proposed plan’s cost against the expressed estimated construction budget of estimated funding noted for plaza and off-site improvements. These efforts will be considered the 30% Design Plans, including cost estimates. Design Development Phase – Development of construction plans and detailing to a level of completion consistent with 70% completion of the final construction plans. This phase will be based on the sign-off and approval of the Schematic Plan. Sign-off will serve to memorialize consistency with the design intent, as it was presented to and approved and/or directed by the City Council at the completion of the Schematic Design Phase. In addition, the IW+CGA Team team will assist in all permitting required for the construction of the plaza. Biddable Documents Preparation Phase – Development of construction plans, construction detailing, and specifications up to 100% completion level and the preparation of technical specifications, where needed, to provide to the City in preparation of the bidding process. Bidding and Awarding Assistance Phase – The IW+CGA Team will be assisting City Staff in the preparation of the bid award process, including the preparation of the bid tender form for inclusion in the solicitation package, assisting in the drafting of comparable past experience requirements to be required of prospecting bidders, distribution of the bid packages, provide responses to Request for Information (RFI) that may result in the issuance of addendums during the bidding phase, verifying comparable work, and issuing an analysis with an overall evaluation of the bidders accompanied by a recommendation for award. Construction Support Phase – The IW+CGA Team will satisfy the scope items listed in the RFP to include all elements without exception. In order to meet these commitments, we embed our organizational structure, communications, and delivery into a seamless process, generally categorized into four (4) larger themes: • Project Coordination • Project Financial Oversight • Pre-Construction Phase • Construction and Project Close-out The IW+CGA Team approach to ensuring that complex design and construction projects get delivered through good, solvent project management involves the deployment of proven strategies that will be utilized by the design team. Together these comprise our approach to project coordination and are based on six (6) critical steps: KEY SCOPE CONSIDERATIONS STEP 1: DEFINING THE CRITICAL PROJECT SUCCESS FACTORS Defining the critical success factors is our first step towards ensuring that we understand, as a team, what the ultimate expectations are of the project at hand by the public, elected officials, staff and stakeholders. This understanding underpins all decisions that will be made and will help to guide the metrics for the project, and the ability to derive this understanding comes from a close collaboration and open dialogue between the various parties shaping and guiding the project. Specifically, in the case of this plaza development, decisions about what 53Item 2C-91 54Item 2C-92 55Item 2C-93 City of Palm Desert, CA | RFP #810-22 | Professional Engineering, Landscape Architecture and Design Services for Lupine Plaza the final outcome of the project should need to be made through an ample exploration of all the options on the table, tempered and informed by the direction obtained either from the City and an outreach component to include the community that will be impacted and catered to. We recognize that as it stands, the selected plaza location provides a great and unique opportunity to: • Provide connectivity to the direct, and indirect, urban context; • Establish an integrated, unique, and resilient community-focused identity; and • Activate the spaces with multi-generational and community-strengthening opportunities. Our goal is to align these opportunities with the directives and values of the Community, as they may well serve as opportunities to augment what the project has to offer and make it a key highlight project for the City. STEP 2: DEPLOYING THE EXPERTISE AND KNOWLEDGE OF THE PROJECT TEAM MEMBERS TO INNOVATE We believe that the seamless collaboration of the project team with City Staff will be the most successful driver for the success of the project, and we have selected the appropriate people to ensure that we can deliver the best solutions to satisfy this project successfully. While having the right people is important, we go a step beyond by capitalizing the offerings of knowledge, experience, and ideas each team member offers through collaborative processes of ideas and solutions development. This empowers each team member and City Staff with the ability to bring issues to the table to identify and resolve design conflicts early on. Long-term, over the life of the project, this results in a smoother transition from design to construction and in a dramatic reduction of conflicts during construction. It ensures that we meet the expectations of the Palm Desert community, whom we are there to serve. Building upon how the critical project success factors are defined, the IW+CGA Team will have routine collaborative, in-house design sessions to identify the various opportunities where the metrics and desires for the projects can be achieved, track progress, and ensure that any competing and conflicting issues are met. We would encourage the participation of City Staff at key milestones to ensure that design decisions and recommendations are being made in light of the needs and desires of the City - factoring both issues of design, operations and maintenance. It is through a collaborative, real-time response design strategy that the Team will generate workable solutions. STEP 3: CHARTING A WORKFLOW AND A CRITICAL PATH THAT IS CUSTOMIZED AROUND THE SPECIFIC, UNIQUE ISSUES OF THIS PROJECT Upon award of the project, IW+CGA Team will meet with City Staff to clarify specific requirements of the project scope, specifically the City’s vision, residents’ and community requests, commitments, and define the measurable performative outcomes for design that will deem the project a success. The Project Manager (PM) will prepare and submit a project schedule to the City. Once the detailed scope and schedule are approved by the City, they will be provided to the IW+CGA Team members at an internal project “Kick-off Meeting.” The primary purpose of the “Kick-off Meeting” will be to: • Clarify the Quality Control/Quality Assurance requirements to be followed; • Discuss the critical design elements affecting the overall schedule; and • Review methods to ensure effective communication is maintained throughout the design process. In conjunction with all necessary design research, document acquisition and inventorying; the project team will perform a design survey, while simultaneously beginning the utility coordination process by sending out utility information request letters to all utility owners within the project limits. Additionally, coordination with key stakeholders, facilitated by City Staff, may also occur at these early stages to introduce the Project Team to the 56Item 2C-94 57Item 2C-95 City of Palm Desert, CA | RFP #810-22 | Professional Engineering, Landscape Architecture and Design Services for Lupine Plaza key community members and begin the public outreach process. Once all the information has been assembled through the inventory and data collection phase, design schematics and analyses will begin. Site visits to the plaza to confirm utility and survey information, as well as to familiarize the Project Team with the controlling design elements and issues that the community may have already expressed concerns about. These site assessments prove to be critical throughout the life of the design project, and thus is something the Team will engage in periodically. A design strategy will be developed to convey a theme that will support a branding strategy. Once approved, that conceptual design will be further developed through the schematic design phase, where additional detail and preliminary engineering will be conducted. The schematic plans will be utilized to begin the pre-application process with the review and permitting agencies, as well as any relevant stakeholders. Once City Staff and the stakeholders’ input have been obtained, the Project Team will enter the design development phase and permitting process. Throughout the design development phase, all intricacies of the design strategy will be further development for constructability. The construction plans will be developed incorporating all the design components developed and approved throughout the project’s schematic and design development phases. Once the client and regulatory agencies approve the final design, the construction documents will be finalized and issued for bidding. Throughout the process, the Project Team will be involved in multiple meetings with the City to be sure the project is moving in the intended direction, conforms to required standards, and remains on schedule. STEP 4: FINANCIAL OVERSIGHT STRATEGY Understanding the financial model (where the funding is coming from, the sources of expenditures, and any potential limitations placed on the design) is important to the success of this project. In order to achieve this, the Team will carefully track the project construction’s estimate from the early stages of the project and iterate them with additional detail commensurate with the level of details of the design or construction plans. This is critical to, as current market costs change daily and are severely impacted by shortages of materials and interruptions to supply chains. Additionally, any specific allocations will be identified and the specific improvements eligible to be expensed to those sources will be ear-marked and identified for good project accountability. Appropriate contingencies will be included and utilized during the early stage cost estimates to account for level of detail that is not yet completed. The contingency will reduce as the plans approach construction document quality. STEP 5: PRE-CONSTRUCTION PHASE Develop Project Action Plans and Milestone Schedules: Actionable, result-driven project management strategies guarantee success, as they provide opportunities to quantify the efficiency and goal-fulfillment rates of the Team. We will generate these action plans by discipline and ensure that they become an embodiment of the critical project success factors identified together with staff during contract negotiation and the kick-off process. Nevertheless, in conducting preliminary research to prepare for this RFP response, we have already ascertained the following for each component: Urban Design and Community Outreach: The Project Team will inventory the existing site conditions, analyze the plaza design, and evaluate opportunities to provide overall enhancements that can improve the potential issues available through design innovation opportunities, especially as they impact fronting properties and nearby or adjacent uses, such as the schools. Civil/Roadway/Drainage Engineering: A possible design consideration that is available within the existing conditions includes the opportunity to provide sustainable, low impact development solutions: both in grading, drainage, and planting. Existing conditions will be analyzed and assessed in order to be brought into compliance as part of the project. Additionally, close coordination and collaboration with our Team’s traffic engineer and 58Item 2C-96 City of Palm Desert, CA | RFP #810-22 | Professional Engineering, Landscape Architecture and Design Services for Lupine Plaza urban designer will occur in order to thoroughly explore all opportunities for streetscape improvement elements. Traffic Control/Maintenance of Traffic during construction of the improvements is a critical scheduling and design component. Utility Coordination will rely on obtaining design tickets and identifying Utility Agency Owners/Providers (UAO) with facilities within the project limits and initial field reviews conducted in an effort to identify potential conflicts or limitations. Early and proactive communication and coordination with the UAOs is a critical element in this process, as sometimes the UAOs can suffer from delays in responsiveness. The coordination effort will focus on early identification, conflict avoidance and planning for utility adjustments and relocations as-needed. The Project Team fully understands the necessary commitment and level of effort involved to successfully complete this task so it does not hinder the design process or construction schedule. Traffic Engineering: The action items that will be addressed under this component will revolve around ensuring that the design solutions are compliant with applicable standards, where needed, and where opportunities for innovation can be accommodated. These will include considerations on design strategies for traffic calming, the design requirements for incorporating bike usage, safety enhancements for pedestrian connectivity, and strategies for potential improvements at the two book-end intersections, as they dead-end at the North Sphere Regional Plaza. Lighting: The plaza will be in need of lighting. Pedestrian scale lighting, performative lighting, and up-lighting for landscaping and street lighting will all be considered for their practicality and for their adherence to an overall design aesthetic package to achieve a new image for the plaza. Our team has experience coordinating for service point upgrades or relocations, where necessary. Additionally, selection of efficient LED fixtures with full cut-off 59Item 2C-97 City of Palm Desert, CA | RFP #810-22 | Professional Engineering, Landscape Architecture and Design Services for Lupine Plaza and ease of maintenance and upkeep will be an important consideration that will be taken into the design, while considering the brand and identity the City envisions. Planting and Experience Design: The planting design palette will include considerations for the human experience and the recognizable, memorable quality that can be achieved through good design articulation. In developing the design, the Project Team will take special care to evaluate green design and sustainable alternatives, informed by specialized research on the site’s conditions, hydrology, and site characteristics. An important objective will be to implement landscape strategies and streetscape improvements that foster increased pedestrian safety, promote good tree and canopy coverage and health, and upgrade community aesthetics that employ the practices of water conservation (through the use of Xeriscape principles and appropriate plant detailing to ensure proper root-growth and preventative infrastructure impacts), as well as ensuring that the benefits of sustainable stormwater management practices through the use of landscaped bio-swales, pervious pavement systems, and other strategies can be capitalized upon. Additionally, the careful selection of planting to minimize the need for irrigation or long-term maintenance will be supported by prioritizing plant species that are native and/or have extreme- and high-tolerances for drought. Quality Assurance/Quality Control: Throughout the design process, the Team will monitor and report on the progress, schedule, and cost estimates. Additionally, throughout the design process, the Team will implement our Quality Assurance/Quality Control process. This process consists of a peer review procedure, where a design group of internal third-party, in-house professional designers, not directly involved with the project, will review the plan documents with a fresh perspective. They will make observations and generate comments that will need to be further addressed and resolved by the Project Team. The multi-disciplined review process also consists of a constructability review by a member of the Construction Department. This review specifically ensures that the plans make sense from a construction perspective and is intended to minimize potential conflicts, errors or omissions in the field during construction. STEP 6: CONSTRUCTION AND PROJECT CLOSE-OUT Bidding and Construction Administration: The IW+CGA Team has experience assisting our clients in all aspects of bidding, including assistance during bidding, attending the pre-bid meeting, creating minutes, addenda preparation, responses to contractor RFI’s and review of the bid package for recommendation of the lowest responsive and responsible bidder. As the design professional of record, we will provide the necessary support to provide post design services. Once the contract is awarded, post design services include a hand-off meeting with the City and construction administration leader, a pre-construction meeting with the contractor, review and approval of shop drawings, responses to RFI’s, and support to the Construction Project Manager, as-needed during construction. The IW+CGA construction team is prepared and committed to provide expert services such as contract negotiation, implementing quality control and assurance programs, contract document review, shop drawing logging and review, administration of contractor RFIs, observation of field activity to assure construction is completed in accordance with construction documents, environmental and NPDES monitoring, field report and documentation review, as-built review and record drawing preparation, agency/permit closeout documentation, and certifications. Project Close-Out: After substantial completion, each discipline from the IW+CGA Team may conduct an on-site inspection and create a punch list log for the Construction Project Manager. The Construction Project Manager will then review the log, compile all disciplines, and submit to the contractor for action/correction. Simultaneously, the Project Team may work with the contractor to review the project as-builts, warranty submittals, as well as any operating/owner’s manuals required for the specific product. After reviewing the final, approved as-builts, the 60Item 2C-98 City of Palm Desert, CA | RFP #810-22 | Professional Engineering, Landscape Architecture and Design Services for Lupine Plaza Design Team will work towards submitting the record drawings to the permitting agencies in order to close-out any/all open permits. Lastly, the IW+CGA Team may compile a final report and a presentation to the Commission to memorialize the completion of the project. QUALITY ASSURANCE/QUALITY CONTROL IMPLEMENTATION It is important to note that the IW+CGA Team’s philosophy and corresponding process to assure quality in all our designs and work products integrates the following key components: Initial Quality of Design: The first step of the QA/QC process is to ensure that the design is of a “high initial quality”. In other words, the preliminary design is one that has been carefully thought through and analyzed by an experienced pard designer. Multi-discipline Peer Review: The next step in the QA/QC process is the performance of a multi-discipline peer review. This phase is undertaken by a team of designers from various disciplines within the core team so that potential improvements or innovative ideas can be introduced to further improve the initial design. Design-Decision Documentation: Documentation is an important part of all projects. It is critically important to fully document the assumptions, reasoning, metrics, and calculations that are all leading up to any key design decisions made on a project, particularly if safety issues are involved. The documentation not only provides good records, but it presents another opportunity to ensure that the project is well-aligned with the goals and objectives that it needs to meet.. Constructability Review: The constructability of a project is an important facet to consider during each phase of design development. When a preliminary design is nearing substantial completion (70% plans), an in-house constructability review by our in-house Construction Experts is completed. 61Item 2C-99 62Item 2C-100 City of Palm Desert, CA | RFP #810-22 | Professional Engineering, Landscape Architecture and Design Services for Lupine Plaza Value Engineering: All projects will require some amount of value-engineering. An integral part of the design process is to produce a cost-effective project for the owner or client at all stages to eliminate the need to perform large component cuts at the end of the project. This is also important to ensure that the Team manages the expectations of the community and that the teams makes promises that can be delivered. Schedule and Budget: Budget and schedule controls and QA/QC practices are essential with any project. Both IW’s and CGA’s many repeat clients attest to our capabilities to meet time and cost budgets, often completing projects ahead of schedule and below budget. We believe that in addition to using state-of-the-art estimating and scheduling software, a well-trained and experience team of Project Managers is essential in predicting where problems may occur or arise, so we can be proactive in addressing their potentiality. Controlling Costs to Minimize RFIs and Change Orders: Conflicts during construction and the generation of RFIs and Change Orders are generally a result of a lack of either proper and adequate investigation of the site’s constructability issues or a lack of adequate coordination among and between the various parties contributing to the development of the overall construction set. Both IW and CGA take a ‘head-on’ approach to both of these potential conflict areas by understanding that there are weak-points that could potentially result in costly corrections during construction. From the onset, our approach to the development of proper and adequate design investigations is fundamental to setting the process on the correct course. Thorough and adequate surveying, utility documentation and sub-surface investigations are an absolute essential component of the technical foundation of any project. While design ideas and iterations are being developed by the creative design team, utility coordination, cost explorations with utility companies and infrastructure analysis are conducted to evaluate their impact on the future design and cost. This will identify opportunities to highlight potential risk factor in the implementation of the project. Once the project development enters the technical plans development phase, collaborative design meetings are held routinely with all parties involved. The creative design team will be present to ensure that the vision of the project remains integral to the design solution, while scenario-building for each of the various conflict areas are highlighted and resolved among the various contributing professional disciplines. Depending on the complexity of the project, plans are routed, at a minimum, at 35-65-95% intervals of development through our in-house quality control process, where third-party reviewers from various disciplines assess and evaluate the information on the plans and seek for potential conflicts so they can be identified and resolved. At times, these third-party reviewers are in-house staff that are not directly related to the given project’s team. Because both IW and CGA have a large contingent of municipal plans reviewers on hand serving various different municipalities, these key individuals are generally the ones reviewing the plans at each of those 35-65-95% intervals. However, for more complex projects, before plans get to the formal 35-65-95% interval reviews, interim ‘standing plans review’ meeting are held, where process plans are reviewed collectively among the technical design team in anticipation of the formal review and to which at least one third-party engineer is involved. These internal processes are a large contributor to minimize and eliminate potential conflicts in construction that are design related. RFIs and Change Orders cannot realistically be entirely omitted from any project. Contractors will always submit RFIs in a persistent search to minimize expenses on their side, facilitate their constructability and maximize their profitability. Additionally, sometimes because of expedited scheduling or lack of initial resources on the client’s side, corners may be cut at the initial investigation phases of the project that ultimately result in unforeseen circumstances during construction. While either of these cannot be entirely omitted, our in-house process ultimately creates enough familiarity with all project components by the various contributing team- members that resolutions can be addressed promptly and in a manner that is generally economically favorable to the client. 63Item 2C-101 64Item 2C-102 City of Palm Desert, CA | RFP #810-22 | Professional Engineering, Landscape Architecture and Design Services for Lupine Plaza COST ESTIMATING CGA’s predominant services have been entirely public-sector-driven, and as such we fully understand that cost overruns are a huge burden on the public procurement process and our clients’ ability to deliver a promised project to the community within the allocated budget that has been adopted. As such, we approach cost estimating with the understanding that it plays a viral role in the success of a construction project. As such, we understand that proper cost estimating can: • Improves plans; • Saves money; • Allows for better bid comparisons; and • Reduces risk. We believe that construction costs during the design phase should be as closely aligned to the expenses that the potential contractor will have, as opposed to general ball-park costs arrived at by unit costs based on areas. These costs should reflect: • Contingencies and Variances to cover unexpected conditions that can arise or to cover cost increases that can result from change orders, delays, inclement weather, or market volatility. • Equipment: Mark-ups to reflect the cost of any specialized equipment that may be needed, given the uniqueness of the project. • Indirect Costs to reflect general conditions, permit and inspection fees, administrative expenses, overhead, insurance requirements, bonding, security, and utilities. • Labor Costs that are impacted by locally driven wages and their related costs factored by the number of workers and the necessary hours of work, including overtime needed to meet the client-determined schedule. • Materials Costs, with a key understanding of how market fluctuations and cost volatility can be accommodated. • Professional Fees for any incidental specialty engineering components of any project element. • Quality-related Costs that impact the budget, understanding that top-of-the-line finishes and material selections, superior amenities can deliver an aesthetically impressive design but generally at a more expensive cost. • Other Incidental but critical expenses assessed on a case-by-case basis, such as environmental remediation, demolition, disposal, or client-mandated requirements that impact construction, such as project phasing. Costs are generally arrived at through careful research and at the confluence of various sources, depending on the specifics of the project. In the past, CGA has relied on three (3) key sources: • Historical Data: Many of our cost estimation methods have relied on historical data, such as the cost per square foot to build past components in previous or ongoing projects, the average labor costs per hour for trade specialties, and the units of work, such as the cost per element. Because CGA has various ongoing projects in construction at any given time, in addition to having a strong and robust Construction Engineering and Inspection (CEI) department overseeing the construction of projects designed by others, our capacity to keep accurate and up-to-date tallies on costs is a resource that has proven reliable. • Cost Research: In order to access the most current cost data, CGA has relied also on gathering contemporaneous cost checks in order to increase accuracy. This can be achieved through our long-standing and working relationships with various construction companies with whom we have performed past work with through design-build partnerships. Where these don’t provide a reliable cost data-point, we will rely on publications such as the Walker’s Building Estimator’s Reference Book and industry other databases, such as RSMeans, 65Item 2C-103 City of Palm Desert, CA | RFP #810-22 | Professional Engineering, Landscape Architecture and Design Services for Lupine Plaza where they perform cost research by frequently sampling rates in hundreds of locations for labor, materials, equipment, and contractor overhead. We have also relied on incorporating current cost indexes, which reflect trends in prices for various construction inputs, as well as productivity and inflation via sources such as the Turner Building Index modified for localized regional variances. • Expert Judgment: The ability to quickly tap into expert judgment of our highly skilled and extensively experienced staff, either internally within CGA or via our parent company SAFEbuilt, gives us an opportunity safe-check costs and method-selection that impact costs. CGA always relies on bottom-up construction cost estimating strategies, where we calculate total cost by adding up the cost of each input on a construction project. This may seem taxing for the early stages of design iteration, but when accompanied by a heightened contingency multiplier it generates a reliable and predictable forecaster of the eventual costs. These contingency multipliers vary depending on the stage of project development: • 45% During early conceptual design development phases • 40% During schematic design development phases During Design Development: • 30% at the 30% construction plans iteration phase • 20% at the 60% construction plans iteration phase • 15% at the 90% and 100% construction plans iteration phase These percentages are our given norm, but they can be modified depending on the complexity of the project. Additionally, given the recent volatility in market costs for materials, CGA does not recommend calculating the contingency for construction at less than 15%, even for small projects. In order to improve the accuracy of our estimates, CGA can employ the utilization of a three-point estimate methodology, whereby high-, mid-, and low-point unit costs are collected in order to generate a range of costs that can help guide design decision-making. This has been incredibly valuable in some of our more complex plazas and open space projects where community input requests don’t align with the budget allocation that has been set in place by the government agency. As such, they are an essential tool to not only forecast the potential cost of specific components, but to also assist in conflict facilitation, community buy-in and design resolution through the public outreach and design adoption processes. 66Item 2C-104 City of Palm Desert, CA | RFP #810-22 | Professional Engineering, Landscape Architecture and Design Services for Lupine Plaza ANTICIPATED SCHEDULE OF TASKS We have evaluated the scope of work and we have carefully looked at the needs of the project and have determined that the design services only, excluding any additional public outreach or time requirements needed to complete an environmental processes, may be completed within a timeframe of 14 months; however, this will be subject to change, depending on any additional the public engagement processes desired by the City. Given any situation, the IW+CGA Team is able to be flexible enough to modify the schedule and resources needs to address any modifications to the scope or budget, accordingly. The following is an anticipated timeline we envision would be an appropriate manner to deliver the project within the 14-month timeframe. 2-3 Months 14 Month Design Services 2.5 Months 2.5 Months 8 months 1 Month 1 Month Data Collection Feasibility and Alternative Analysis Preliminary Engineering Final Engineering Bidding and Construction Engineering Grant Funding Application Development 67Item 2C-105 Item 2C-106 Item 2C-107 Item 2C-108 Item 2C-109 Item 2C-110 Item 2C-111 Item 2C-112 Vicinity Map Project Location Highway 111 El Paseo L u p i n e L a n e Item 2C-113 [This page has intentionally been left blank.] Page 1 of 4 CITY OF PALM DESERT STAFF REPORT MEETING DATE: September 29, 2022 PREPARED BY: Audrey Nickerson, Project Manager REQUEST: AWARD CONTRACT TO HERMANN DESIGN GROUP OF PALM DESERT, CALIFORNIA, FOR DESIGN SERVICES OF GREENS/TEE BOX RENOVATION AND TURF REDUCTION AT DESERT WILLOW GOLF RESORT IN THE AMOUNT OF $305,100 (PROJECT NO. 854-21) RECOMMENDATION: 1. Award a Contract to Hermann Design Group of Palm Desert, California, for design services of Greens/Tee Box Renovations and Turf Reduction at Desert Willow Golf Resort in the amount of $305,100. 2.Authorize the City Manager or designee to review and approve written contract amendment requests per Section 3.30.170 of the Palm Desert Municipal Code. 3.Authorize the City Manager or designee to execute the agreement and any documents necessary to effectuate the actions taken herewith. BACKGROUND/ANALYSIS: Strategic Plan: This project will advance the following goals of the Strategic Plan: •Energy & Sustainability – Priority 1: Reduce per capita consumption of energy and water. •Energy & Sustainability – Priority 4: Encourage owners of all existing properties to voluntarily retrofit them to obtain reductions in energy and water usage. •Land Use, Housing & Open Space – Priority 1: Enhance Palm Desert as a first-class destination for premier shopping and national retail businesses. •Parks & Recreation – Priority 3: Make recreational and exercise opportunities pervasive in all public spaces. Background: The City-owned Desert Willow Golf Resort consists of two 18-hole golf courses, the Firecliff and Mountain View courses, designed in 1996 and 1998, respectively. The golf resort was developed with a vision to provide amenities to both Palm Desert residents and visitors and as an economic development tool to attract new timeshare units, and hotel and retail development. The design intent of the Firecliff Course was to provide a championship-style course that would challenge the highly skilled and potentially be used as part of a professional golf tournament. Item 2D-1 City of Palm Desert Award Design Contract for Desert Willow Greens/Tee Box Renovation & Turf Reduction Page 2 of 4 The design intent of the Mountain View Course was to provide a challenge to avid golfers while providing playability for the average player. With the heavy golf utilization, the golf courses have experienced over the years, the City contracted with the course architect, Hurdzan Golf, in 2009 to evaluate the condition of both courses including their playability in relation to the original design intent. During their site visits and golf course evaluations, the architects determined that over the years, both golf course greens have become smaller in size; the aggressive growth of the Bermuda grass has encroached onto the greens, the tee boxes have endured significant wear and tear, and bunkers require work to bring playability back to the original design. Based on the architect’s prioritization of work, the Mountain View Golf Course was renovated in 2010. The renovation of the Firecliff Course was placed on hold. To address all future long-term improvements necessary to renovate the Firecliff Course and the resort facilities to assist in maintaining the resort’s 4.5-star rating for quality of experience, staff sought a proposal from Hurdzan Golf to develop a long-term capital improvement master plan. This master plan serves as the basis for the renovations requested for the greens and tee boxes as part of this project. Based on the findings of the capital improvement master plan, a bunker renovation project was completed in September 2016, including bunker removal/consolidation, grading/drainage improvements, and new sand installation. The bunker renovation project ultimately removed approximately two acres of bunkers to improve playability and pace of play. The bunker renovation project is the only major renovation completed at the Firecliff Golf Course since the course opened in 1997. In addition to renovations necessary to improve the playability of the course, the City approved the DSRT SURF Specific Plan in 2019, located adjacent to the golf courses. The Specific Plan includes a 6-acre surf lagoon, surf center, hotel rooms, villas, clubhouse, recreational facilities, and maintenance facilities. To reduce water demand associated with the Specific Plan, the developer is required to implement a Turf Reduction Program, which includes the removal of over one million square feet of turf within the Desert Willow Golf Courses (Firecliff and Mountain View) and replacing it with drought-tolerant plant materials and low water usage irrigation systems. To minimize the closure time required to complete all required improvements, the City plans to overlap the golf course renovations and turf reduction to the extent feasible. The City will fund the design and construction of the improvements and recover costs associated with the design and construction of the turf reduction from the DSRT SURF developer. Project Description: The Greens/Tee Box Renovation and Turf Reduction at Desert Willow Golf Resort Project (Project) includes relocation or renovation of 35 tee boxes, expansion of 11 greens, and servicing of the remaining greens at the Firecliff Golf Course, as recommended in the capital improvement master plan. In addition, the Project includes the removal of turf along the perimeter of both Firecliff and Mountain View golf courses and the installation of drought-tolerant landscaping and irrigation. Item 2D-2 City of Palm Desert Award Design Contract for Desert Willow Greens/Tee Box Renovation & Turf Reduction Page 3 of 4 Negotiations are still underway for the DSRT SURF project, so the timing for turf reduction required as part of the project cannot be confirmed at this time. Because closures of the Firecliff and Mountain View golf courses need to be minimized to the greatest extent possible, the City plans to construct all improvements on each course simultaneously. Project improvements at the Firecliff course are anticipated to be completed by October 2023 and Mountain View turf reduction improvements would be constructed at a later date. To provide maximum flexibility for scheduling project improvements and identifying costs associated with turf reduction design and construction, the City requested proposals for design and construction support for all Project improvements, broken down by golf course and improvement types. Design Consultant Procurement and Analysis: The City conducted the consultant selection process. A Request for Proposals (RFP) for professional design and construction support services was appropriately advertised, and on August 12, 2022, three (3) proposals were received: Consultant Location Proposed Fee Project Links, Inc. Bermuda Dunes, CA $166,900 Hermann Design Group Palm Desert, CA $305,100 Morgan Golf Design Gulf Breeze, FL $766,500 The internal selection committee, comprised of representatives from the Public Works Department, Desert Willow, and Hurdzan Golf met on September 2, 2022, and reviewed the qualifications, experience, and key personnel. Staff determined that Hermann Design Group is the most qualified consultant to perform the services requested in the project, based on: •Local experience with public projects •Strong project understanding and work plan •Experienced team including the original irrigation designer for Desert Willow •Detailed breakdown of design for each course and improvement type, as requested in the RFP and pre-proposal meeting In addition, three references were contacted to verify Hermann Design Group’s performance working with other local municipalities. All references provided positive feedback. Hermann Design Group was described as professional, reliable, and experienced. Several large projects were given as examples, including CV Link landscape design, Silver Rock Venue, and the Indio Sports Park. References noted that they regularly work with the same long-term staff on multiple projects, resulting in increased efficiency and trust. Staff recommends awarding the contract to Hermann Design Group in the amount of $305,100. Item 2D-3 City of Palm Desert Award Design Contract for Desert Willow Greens/Tee Box Renovation & Turf Reduction Page 4 of 4 FINANCIAL IMPACT: This project is included in the approved FY22/23 Capital Improvement Project (CIP) budget under Account No. 4414196-4809200. Therefore, there is no financial impact to the General Fund following this action. Additional funding sources are likely needed for the full construction of the project improvements; however, the cost for design and construction of turf reduction improvements would be reimbursed by the DSRT SURF developer. The following table provides the current project budget and costs. Item Authorized Budget Cost FY 22/23 Budget June 24, 2022 $1,843,769 Hurdzan Professional Consulting Service Agreement A42830 February 1, 2022 $50,000 Requested Authorization of Design Services Contract September 29, 2022 $305,100 Total Project Cost to Date $355,100 REMAINING BUDGET $1,488,669 *Bold/Italic item is the subject of this request REVIEWED BY: Department Director: Martin Alvarez Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hile ATTACHMENTS: 1. Professional Services Agreement 2. Consultant Proposal 3. Vicinity Map Item 2D-4 Contract No. ____________ CITY OF PALM DESERT PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 29th day of September, 2022, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-2578, County of Riverside, State of California (“City”) and Herman Design Group, a Stock Corporation, with its principal place of business at 77899 Wolf Road, Suite 102, Palm Desert, CA 92211 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Project. The City is a public agency of the State of California and is in need of professional services for the following project: Greens/Tee Box Renovation and Turf Reduction at Desert Willow Golf Resort (hereinafter referred to as “the Project”). 2.2 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant is duly licensed and has the necessary qualifications to provide such services. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from September 29, 2022 to June 30, 2024, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Any personnel performing the Services shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their Item 2D-5 Contract No. ____________ performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: Chris Hermann, PLA, President and Chief Executive Officer. 3.2.5 City's Representative. The City hereby designates Audrey Nickerson, Project Manager, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the scope of services or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee. 3.2.6 Consultant's Representative. Consultant hereby designates Chris Hermann, PLA, President and Chief Executive Officer, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant Item 2D-6 Contract No. ____________ represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation. Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 3.2.10 Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. 3.2.10.1 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law Item 2D-7 Contract No. ____________ respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. 3.2.10.2 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.3 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. 3.2.11 Insurance. 3.2.11.1 Minimum Requirements. Without limiting Consultant’s indemnification of City, and prior to commencement of the Services, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. (B) Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City’s Risk Manger may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. (C) Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. (D) Workers’ Compensation Insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance Item 2D-8 Contract No. ____________ (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, volunteers and representatives. (E) Umbrella or Excess Liability Insurance. Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions: (1) A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (2) Pay on behalf of wording as opposed to reimbursement; (3) Concurrency of effective dates with primary policies; and (4) Policies shall “follow form” to the underlying primary policies. (5) Insureds under primary policies shall also be insureds under the umbrella or excess policies. 3.2.11.2 Other Provisions or Requirements. (A) Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (B) Duration of Coverage. Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, his/her agents, representatives, employees or subconsultants. (C) Primary/Non-Contributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect it as a named insured. (D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems Item 2D-9 Contract No. ____________ necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may terminate this Agreement. (E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, volunteers, and representatives or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, volunteers and representatives and shall require similar written express waivers and insurance clauses from each of its subconsultants. (G) Enforcement of Contract Provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (I) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, volunteers and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies. (K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. Item 2D-10 Contract No. ____________ (L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (M) Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subconsultants, subcontractors, and others engaged in the Project will be submitted to City for review. (N) City’s Right to Revise Specifications. The City and the City’s Risk Manager reserve the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (Q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. 3.2.12 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. Failure to comply with laws, regulations, and ordinances listed in this Section is a violation of federal and state law. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies of this Section. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including Item 2D-11 Contract No. ____________ authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Three Hundred Five Thousand One Hundred Dollars and 0/100 ($305,100.00) without written approval of the City Council or City Manager, as applicable. 3.3.2 Payment of Compensation. Consultant shall submit to City monthly invoices which provide a detailed description of the Services and hours rendered by Consultant. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Consultant shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination of this Agreement and failure by the Consultant to submit a timely invoice may constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City. 3.4 Labor Code Requirements. 3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, volunteers and representatives, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance Item 2D-12 Contract No. ____________ monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of Services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, volunteers and representatives free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant. 3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5 Accounting Records. 3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.6 General Provisions. 3.6.1 Termination of Agreement. 3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement. 3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.6.1.3 Early Termination. Notwithstanding any provision herein to the contrary, if for any fiscal year of this Agreement the City Council fails to appropriate or allocate funds for future payment under the Agreement after exercising reasonable efforts to do so, the City may upon seven (7) days’ written notice, order work on the Project to cease. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Item 2D-13 Contract No. ____________ 3.6.1.4 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: Hermann Design Group 77899 Wolf Road, Suite 102 Palm Desert, CA 92211 ATTN: Chris Hermann, President and Chief Executive Officer City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 ATTN: Audrey Nickerson, Project Manager Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.6.3 Ownership of Materials and Confidentiality. 3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. 3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes Item 2D-14 Contract No. ____________ no such representation and warranty in regard to Documents & Data which were prepared by professionals other than Consultant or its subconsultants, or those provided to Consultant by the City. 3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant. 3.6.3.4 Indemnification – Documents and Data. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers, agents and representatives free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted. 3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, agents, volunteers and representatives from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; Item 2D-15 Contract No. ____________ and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information. 3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.6.5 [Reserved] 3.6.6 Indemnification. 3.6.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, agents, and representatives free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, volunteers, or representatives. 3.6.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. 3.6.7 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. 3.6.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. 3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.6.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.6.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. 3.6.12 Assignment; Subcontracting. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer Item 2D-16 Contract No. ____________ without such consent shall be void and without legal effect and shall constitute grounds for termination. Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 3.6.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, volunteers and representatives except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.6.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.6.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.6.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.6.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.6.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. Item 2D-17 Contract No. ____________ 3.6.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE] Item 2D-18 Contract No. ____________ SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND HERMANN DESIGN GROUP IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written. CITY OF PALM DESERT By: L. Todd Hileman City Manager ATTEST: By: Anthony Mejia City Clerk APPROVED AS TO FORM: By: Best Best & Krieger LLP City Attorney Hermann Design Group By: Its: Printed Name: By: Its: Printed Name: QC: _____ Insurance: _____ Initial Review _____ Final Approval Item 2D-19 Contract No. ____________ Exhibit “A” EXHIBIT "A" SCOPE OF SERVICES Item 2D-20 Contract No. ____________ Exhibit “B” EXHIBIT “B” SCHEDULE OF SERVICES Item 2D-21 Contract No. ____________ Exhibit “C” EXHIBIT "C" COMPENSATION Item 2D-22 [ ]HERMANN DESIGN GROUPA01 PALM DESERT OFFICE 760.777.9131 RIVERSIDE OFFICE 951.782.9335 SAN DIEGO OFFICE 619.415.0095 CITY O F PALM D E S E RT PALM D E S E RT OFFI C E 77899 W olf R o a d, S uit e 1 0 2 Palm D es ert, C A 9 2 2 1 1 760-777- 9 1 3 1 P h o n e 760-77 7- 9 1 3 2 F ax RIVERSI D E OFFI C E 6864 In di a n a A v e n u e, S uit e 1 0 4 E Riversid e C A 9 2 5 0 6- 4 2 8 5 951-78 2- 9 3 3 5 P h o n e SAN DI E G O O F FI C E Grossm o nt Pr of essi o n al B uil di n g 9001 Gr oss m o nt Blv d.La Mesa, C A 9 1 9 4 1 619-415- 0 0 9 5 P h o n e RFP NO.: 8 5 4- 2 1 GREENS/T E E B O X R E N O V ATI O N A N D T U RF REDUCTI O N AT D E S E RT WILL O W G OLF R E S O RT 8.8.202 2 Item 2D-23 TABLE OF CONTENTS COVER LETTER FIRM PROFILE ..................................................01 KEY PERSONNEL .............................................02 TEAM ORGANIZATION ...................................03 QUALIFICATIONS ............................................05 REFERENCES ...................................................07 SCOPE OF SERVICES ......................................08 PROJECT TIMELINE .........................................14 Item 2D-24 [ ]HERMANN DESIGN GROUPPALM DESERT OFFICE 760.777.9131 RIVERSIDE OFFICE 951.782.9335 SAN DIEGO OFFICE 619.415.0095 Dear Ms. Gonzalez, Hermann Design Group (HDG) is pleased to have an opportunity to work with the City of Palm Desert to provide golf renovation, irrigation design, and landscape architectural services for the Firecliff and Mountain View Golf Courses at Desert Willow Golf Resort. The City will benefit from the knowledgeable team we have assembled. Our firm has extensive experience working with the City and its various boards, commissions, and City Council for many years on a full-range of projects. We have reviewed the improvements required as outlined by Hurdzan Golf and the City in the RFP. The on-site research of each tee and green prior to the preparation of the proposal gave us further insight into the requirements of the scope of work. Additionally, we were able to discuss ideas with Golf Course Superintendent Chris Bien and General Manager Derek White. After reviewing the Request for Proposal, we understand the City’s needs and will provide the services required in the RFP. We are excited at the prospect of working directly with you and your team. Hermann Design Group is recognized as a leading landscape architecture firm in the Inland Empire and Coachella Valley with offices in Palm Desert, Riverside, and San Diego. HDG is also the largest independently-owned landscape architecture firm in the Coachella Valley. We have extensive experience in golf course projects designing sustainably with drought-tolerant plants, irrigation techniques, turf removal, water assessments, master planning, and construction observation services. We are well-versed in tree preservation, turf removal, and water management with our strong background in irrigation design. Chris Hermann, President and Principal of Hermann Design Group, worked on several golf course projects in his 42 years in business and is an avid golfer with a single digit handicap. Jose Estrada, Vice President and Principal of Hermann Design Group, worked on four golf course projects while employed with Landmark Golf. The principals at Hermann Design Group bring knowledge and experience that is unparalleled. Our staff has established strong working relationships with other local agencies that would potentially be involved in City of Palm Desert projects, specifically CVWD and the Riverside Agricultural Commission. COVER LETTER August 8, 2022 Re: RFP - Greens/Tee Box Renovation and Turf Reduction at Desert Willow Golf Resort Ms. Bertha Gonzalez Management Analyst CITY OF PALM DESERT 73-510 Fred Waring Drive Palm Desert, CA 92260 Item 2D-25 [ ]HERMANN DESIGN GROUPPALM DESERT OFFICE 760.777.9131 RIVERSIDE OFFICE 951.782.9335 SAN DIEGO OFFICE 619.415.0095 COVER LETTER E. CHRIS HERMANN, PLA CLARB CERTIFIED LANDSCAPE ARCHITECT PRESIDENT/CEO 77899 WOLF ROAD, SUITE 102 PALM DESERT CA, 92211 (760) 777-9131 PHONE / (760) 777-9132 FAX In accordance with our firm’s philosophy to always have top-of-class design teams, we have assembled an award-winning group of consultants: David Yoshimura / Fairway Irrigation Design David is intimately familiar with the project having designed the irrigation system for the golf course and providing on-going consulting to the City. [Fairway Irrigation Design; Corporation 77-605 Delaware Place, Palm Desert, CA 92211, (760) 861-0252] James Bazua / The Altum Group The Altum Group will provide surveying and civil engineering services as required for the relocation of the tees described in the RFP and Addendum documents. The Altum Group has aerial survey work completed for the project as part of other work on the surrounding property. They are currently creating easements for the new wave pool project at Desert Willow. [73-710 Fred Waring Drive, Suite 219, Palm Desert, CA 92260, (760) 346-4750] We are a local firm with offices located within minutes from Desert Willow - our service and responsiveness will be unmatched. This proposal shall remain valid for a period of not less than 120 days from the submittal. The signature below indicates that all information submitted is true and correct. We thank you for the opportunity to submit this proposal. Should you have any questions or concerns, I can be reached at 760-777-9131 (Extension 101), on my cell phone at 760-774- 5070, or via email at chris@hdg-inc.com. I am authorized to negotiate agreement terms and compensation on behalf of our firm. Best regards, Item 2D-26 FIRM QUALIFICATIONS Item 2D-27 [ ]HERMANN DESIGN GROUP01 PALM DESERT OFFICE 760.777.9131 RIVERSIDE OFFICE 951.782.9335 SAN DIEGO OFFICE 619.415.0095 ▪Playgrounds ▪Sports Facilities ▪Golf Courses ▪Natural and Historic Sites ▪Hospitals ▪Commercial/Retail/Industrial ▪Hotels ▪Interpretative Landscape Design ▪Parks - Regional, Neighborhood, Community, Memorial Trails & Interpretative Sites ▪Master-Planned Communities ▪Creative Signage & Way Finding ▪Placemaking Experiences FIRM BACKGROUND Hermann Design Group, Inc. was founded in 1995 in Palm Desert, California as Hermann & Associates. Our founding philosophy was to create a firm by which we are able to work on unique projects and allow for Mr. Hermann to lead the design process and build relationships with clients that will last for a lifetime. We evaluate the distinct needs and desires of our clients through creative thinking, and we provide the right solutions for individual projects. Our design solutions always consider the sustainability of our valuable environment. We have a wide range of experience providing the landscape and irrigation design for golf courses as well as projects for many public agencies that include sustainable practices. Our team has worked on projects for a number of public agencies including CVAG, CVEP, the Counties of Riverside, San Diego and San Bernardino, and most of the Cities in the Coachella Valley. Hermann Design Group provides the following landscape architecture and planning services to assist public agencies and private developers in the design of outdoor environments and facilities, including: Hermann Design Group is a healthy firm financially with no issues that would affect our ability to complete our obligations to our clients. We are profitable and strategic about our growth so that Hermann Design Group is a healthy firm financially with no issues that would affect our ability to complete our obligations to our clients. We are profitable and strategic about our growth so that we will remain a successful enterprise. Additionally, Hermann Design Group certifies that the firm and its principals are in good standing with all licensing boards and is eligible to contract with any federal, state or local public agency. HERMANN DESIGN GROUP INCORPORATED 2009 (California S-Corporation) PRESIDENT/CEO Chris Hermann STAFF Eight Full-Time Employees FORMERLY Hermann & Associates (Sole Proprietorship 1995-2009) OFFICES IN Palm Desert, Riverside & San Diego HOURS OF OPERATION Monday - Friday 8:00 a.m. to 5:00 p.m. OAK QUARRY 18TH HOLE Item 2D-28 [ ]HERMANN DESIGN GROUP02 PALM DESERT OFFICE 760.777.9131 RIVERSIDE OFFICE 951.782.9335 SAN DIEGO OFFICE 619.415.0095 CHRIS HERMANN / PRESIDENT PRINCIPAL LANDSCAPE ARCHITECT Chris is a graduate of the Pennsylvania State University and has over 40 years of experience resolving the challenges of designing in the Inland Empire and desert environment, and he is a CLARB Certified Landscape Architect. Before moving to the Coachella Valley in 1994, he was a principal at RHA Landscape Architects-Planners in Riverside, a firm he had been with for nearly ten years. Chris is the Lead Designer and Client Relationship Manager on all projects. JOSE ESTRADA / VICE PRESIDENT LEAD IRRIGATION DESIGNER & PROJECT MANAGER Jose is a graduate of Cal Poly Pomona with a degree in Landscape Architecture with a career focus on irrigation design. He has been an integral part of Hermann Design Group since 1999. His extensive experience in the preparation of construction documents and field work experience allows for a complete design process from the schematic level to final design. Jose is bilingual, speaking both English and Spanish, making him invaluable in the field, as well as translating during public input workshops or community meetings. KEY PERSONNEL HERMANN DESIGN GROUP FAIRWAY IRRIGATION DESIGN DAVID YOSHIMURA / IRRIGATION DESIGNER THE ALTUM GROUP JAMES BAZUA / CIVIL ENGINEER Item 2D-29 [ ]HERMANN DESIGN GROUP03 PALM DESERT OFFICE 760.777.9131 RIVERSIDE OFFICE 951.782.9335 SAN DIEGO OFFICE 619.415.0095 CITY OF PALM DESERT TEAM ORGANIZATION Chris Hermann PRINCIPAL IN CHARGE Opus Garza ASSOCIATE/SENIOR DESIGNER Cesar Delgado DESIGNER Jose Estrada PROJECT MANAGER Francisco Sanchez DESIGNER Kristin Hermann MANAGING DIRECTOR Hermann Design Group can serve the City of Palm Desert efficiently and with an impressive array of knowledge. Our experience, current work in the community, and recognition for outstanding design make us uniquely qualified to assist you. Our management team for this project consists of Chris Hermann, Principal in Charge and Jose Estrada, Principal/Project Manager. Chris is a licensed landscape architect with 40 years experience and a proven ability to successfully work on projects requiring a multi-disciplinary team approach. A very important difference between our firm philosophy and many other design teams is principal involvement. Mr. Hermann will be personally involved in all aspects of the project, and Jose Estrada will serve as project manager. Mr. Estrada will also be involved in all aspects of irrigation design. The principals are the people you see and talk to - the ones doing the work. This eliminates common communication problems between the City of Palm Desert and the consultant. Sofia Gamlin MARKETING COORDINATOR / EXECUTIVE ASSISTANT Communication Strategies SUBCONSULTANTS HDG LANDSCAPE ARCHITECT FAIRWAY IRRIGATION DESIGN David Yoshimura IRRIGATION DESIGN THE ALTUM GROUP James Bazua CIVIL ENGINEER Ulices Cisneros Ramirez DESIGNER Item 2D-30 [ ]HERMANN DESIGN GROUP05 PALM DESERT OFFICE 760.777.9131 RIVERSIDE OFFICE 951.782.9335 SAN DIEGO OFFICE 619.415.0095 Fairway Irrigation Company Inc. was established in 1972 by Fred Yoshimura. From 1972 to 1992, Fairway Irrigation specialized in the installation of golf course and large turf irrigation systems. Our company installed quality irrigation systems throughout the Western United States. We had the opportunity to work on some of the most exciting and prestigious courses in the West. David Yoshimura joined the company full time in 1987 as an estimator, project manager and record drawing specialist for all the construction projects. Fairway Irrigation Company was regarded as one of the premier irrigation contractor in the United States. In 1992, the contracting operation of the business was phased out so that Fred and David could bring their experience and knowledge to the irrigation design field. Since 1993, Fairway Irrigation Design has been providing design, construction, consulting and central computer programming services to the golf industry across the United States and abroad. Design knowledge with practical construction experience translates into golf course system plans and specifications that work in the field, use reliable products, and incorporate sound installation methods. Unlike many of our competitors we are a full service firm. Everything is completed in-house from design concept to installation of a working central software program. We will be personally involved in every aspect of your new irrigation system to ensure a sound design concept is implemented on your site. Our firm has designed, field staked and programmed over 800 golf holes in the United States. Our system designs are operating on some of the most challenging sites in the country. Complex systems utilizing multiple pumping scenarios, extreme elevation changes, sensitive environmental areas and locations requiring large, quick and efficient applications of water are problems we solve everyday. FAIRWAY IRRIGATION DESIGN QUALIFICATIONS NOTABLE CONTRACTING PROJECTS: The first four PGA West golf courses: Pete Dye Stadium Course Arnold Palmer Resort Course Jack Nicklaus Resort Course Jack Nicklaus Club Course Indian Wells Country Club Pete Dye Golf Course Marriott Desert Springs Sahalee Country Club Columbine Country Club Tokatee Golf Club FAIRWAY IRRIGATION DESIGN HAS BEEN PROUD TO PROVIDE DESIGN AND CONSULTING SERVICES TO THE FOLLOWING GOLF COURSES: ▪Desert Willow Golf Resort Firecliff Course Mountain View Course ▪The Vintage Club ▪The Quarry at La Quinta ▪The La Quinta Resort & Club ▪Las Vegas Paiute Resort - Snow Mountain Course ▪Las Vegas Paiute Resort - Sun Mountain Course ▪Estancia Country Club ▪The Plantation ▪Eugene Country Club ▪Claremont Country Club ▪Cinnabar Hills Golf Club ▪Las Vegas Motor Speedway ▪Goose Creek Golf Club ▪Landmark Golf Club ▪The Canyons at Bighorn Golf Club ▪The Crosby National Golf Course ▪Talega Golf Club ▪The Hideaway ▪Laughlin Ranch ▪El Dorado Golf and Beach Club Item 2D-31 [ ]HERMANN DESIGN GROUP06 PALM DESERT OFFICE 760.777.9131 RIVERSIDE OFFICE 951.782.9335 SAN DIEGO OFFICE 619.415.0095 THE ALTUM GROUP QUALIFICATIONS NOTABLE PROJECTS: DSRT Surf Resort Classic Club Golf Course and Northstar Development SilverRock Resort The Reserve Trilogy Club Pickleball and Bocce Courts Palm Desert Senior Villas on the Green The Tradition Golf Club Venezia DUE DILIGENCE • Feasibility reports • Constraints exhibits and analysis • Utility research ENTITLEMENT AND PRELIMINARY DESIGN • Entitlement and preliminary design • Grading and hydrology • Water, sewer, storm drain • Street and ADA accessibility • Cost estimates and project valuation • Record drawings • Plan and map checks/reviews CONSTRUCTION DOCUMENTS • Grading and earthwork • BRE and builder exhibits • Street and ADA/Pedestrian Safety • Floodplain, CLOMR/LOMR, Hydrology • Water, sewer, and hydraulic reports • Air and water quality • Specs and cost estimates CONSTRUCTION ADMIN • Bid assistance and analysis • Construction activity monitoring • SWPPP Practitioner (QSP) inspections The Altum Group is a Palm Desert-based multi-discipline consulting firm offering expertise in environmental planning, physical/policy planning, geographical information systems, civil engineering, surveying, and project management. The Altum Group began with a core group of experienced professionals each with decades of experience in providing consulting services to public and private clients. The firm now employs nearly 40 professionals and supporting staff with diverse levels of expertise that allows us the ability to provide a wide array of services. The Altum Group’s technical knowledge and professional experience stretches the gamut of civil engineering services. Engineers have provided services ranging from due diligence and feasibility studies, preliminary and final street design, wet utilities design, plan reviews and approvals, as well as full development of improvement plans for City/County-sponsored projects. Our staff has managed and designed a variety of public works and infrastructure projects involving roadways, highways, pipelines, and utilities. Our experience includes coordination, preparation of plans, technical studies/ reports, specifications, estimates for feasibility and final design; site design; grading; streets; water, sewer and irrigation; dry utilities; hydrology, hydraulics and storm drain; and erosion control and water quality. Our engineering staff works with municipal agencies to take the lead on specific projects and can also supplement larger, more complex projects when staff cannot be spared for a long-term commitment to a project, or where experience with particular types of projects is necessary. Our expertise ranges from preliminary planning and budgeting to preparation of plans, specifications, and estimates (PS&Es) for projects of all sizes. Typical Altum civil design services include: • Street and surface improvements including conceptual through PS&Es for streets and alternate transportation (bicycles, EV’s, pedestrian corridors) • Storm drain and hydrology including local, floodplain, and regional flood requirements • SWPPP, WQMP, and other State/Federal mandated water quality improvements • Water and sewer collection and distribution facilities including hydraulic analysis of existing and proposed improvements • Topographic, boundary and public land surveys to establish project base maps and legal rights of ways and easements, including preparation of maps, records of survey, and other documents • Construction administration including site observation, RFI’s, contract administration, construction staking, and preparation of record drawings. Item 2D-32 [ ]HERMANN DESIGN GROUP07 PALM DESERT OFFICE 760.777.9131 RIVERSIDE OFFICE 951.782.9335 SAN DIEGO OFFICE 619.415.0095 CITY OF RANCHO MIRAGE 69-825 Highway 111Rancho Mirage, CA 92270 Ryan StendellDirector of Public Worksryans@RanchoMirageCA.gov (760) 770-3224 CITY OF LA QUINTA 78495 Calle TampicoLa Quinta, CA 92253 Bryan McKinneyPublic Works Director/City Engineerbmckinney@laquintaca.gov (760) 777-7045 CITY OF DESERT HOT SPRINGS 65950 Pierson Blvd, Building ADesert Hot Springs, CA 92240 Daniel PorrasPublic Works Directordporras@cityofdhs.org (760) 329-6411 COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) 73710 Fred Waring Drive, #200Palm Desert, CA 92260 Tom KirkExecutive Directortkirk@cvag.org (760) 346-1127 CITY OF INDIO 100 Civic Center MallIndio, CA 92201 Tim WassilPublic Works Directortwassil@indio.org (760) 625-1801 TOWN OF YUCCA VALLEY 57090 Twentynine Palms HighwayYucca Valley, CA 92284 Curtis YakimowTown Managercurtiscyakimow@yucca-valley.org (760) 369-7207 REFERENCES Item 2D-33 SCOPE OF SERVICES Item 2D-34 [ ]HERMANN DESIGN GROUP08 PALM DESERT OFFICE 760.777.9131 RIVERSIDE OFFICE 951.782.9335 SAN DIEGO OFFICE 619.415.0095 SCOPE OF SERVICES The following outlines the proposed scope of work as outlined by the City of Palm Desert in the RFP and includes the tee and green renovations described in the Hurdzan Golf Design master plan. FIRECLIFF GOLF COURSE Hole SCOPE TEES GREEN EXPANSION 1 Shift White Tee left 1 YES 2 Shift Tees to Right 4 NO 3 Expand Blue and White Tees 2 YES 4 Enlarge White Tee 1 YES 5 N/A 6 Add Forward Tee 1 YES 7 Add Forward Tee 1 YES 8 Expand Tees 3 YES 9 Expand White Tee 1 YES 10 Add Five New Tees 5 NO 11 Enlarge Blue, White, and Gold Tees 3 NO 12 N/A 13 Add Forward Tee, Enlarge Tees 5 NO 14 Enlarge Tees YES 15 Enlarge Blue and White 2 YES 16 Enlarge Blue, White, Gold Tees 3 YES 17 Enlarge Blue, White, Gold Tees 3 YES 18 Enlarge Blue and White Tees 2 NO Item 2D-35 [ ]HERMANN DESIGN GROUP09 PALM DESERT OFFICE 760.777.9131 RIVERSIDE OFFICE 951.782.9335 SAN DIEGO OFFICE 619.415.0095 SCOPE OF SERVICES MOUNTAIN VIEW TURF REMOVAL (PER HURDZAN PLAN) Hole CONVERSIONS, REMOVAL, AND INSTALLATIONS 1 Rough to Desert 2 Rough to Fairway/Tee and Rough to Desert 3 Rough to Desert 4 Rough to Desert and Sand Bunker to Rough 5 Desert to Rough 6 Rough to Desert and Remove Vegetation 7 Rough to Desert and Remove Vegetation 8 Rough to Desert and Remove Vegetation 9 Rough to Desert 10 Remove Vegetation, Rough to Desert, Fairway to Rough, Rough to Green, Sand Bunker to Rough, Desert to Fairway, and Desert to Rough 11 Rough to Desert 12 Rough to Desert and Sand Bunker to Rough 13 Rough to Desert 14 Rough to Desert 15 Rough to Desert and Remove Vegetation 16 Rough to Desert and Rough to Fairway/Tee 17 Rough to Desert 18 Rough to Desert, Sand Bunkers to Rough, Rough to Fairways/Tee, and Install Sand Bunkers Item 2D-36 [ ]HERMANN DESIGN GROUP10 PALM DESERT OFFICE 760.777.9131 RIVERSIDE OFFICE 951.782.9335 SAN DIEGO OFFICE 619.415.0095 SCOPE OF SERVICES I. DESIGN DEVELOPMENT SERVICES Project Kick Off Meeting HDG will meet with the Client to review the preliminary plans that have been previously prepared by Hurdzan Golf Design to refine and clarify the project’s objectives. A project schedule will be presented at the meeting and initial base sheets for the areas of work will be provided by HDG and the consultant team. Base Sheets The Altum Group will utilize the existing aerial survey prepared for other work at Desert Willow and develop base sheets at 50 scale on 24” x 36” size title blocks to meet City standards. Golf Course Master Plan The Hurdzan master plan will be combined with the aerial survey into one reference plan that will be used for establishing locations and limits of tees and greens. The master plan exhibit will be used to prepare area calculations of the proposed improvements and establish the project budget and direction for final bid documents. Preliminary Grading Preliminary grading for relocated tees will be provided to determine cut/fill and earthwork costs. Mapping Existing Irrigation System We will map all existing valve-in-head (VIH) rotors, electric valves, isolation valves and irrigation controllers on the golf course utilizing survey grade GPS equipment. The golf course shall furnish an electric golf cart from the clubhouse for transportation on the golf course during the survey. To minimize disruption to golf course play, the following procedure shall be implemented: • We will provide wired marking flags to the golf course personnel (GCP). GCP familiar with the current irrigation system shall use the marking flags to identify the locations of the existing irrigation components. System components shall include sprinklers and valve boxes. This shall be completed before the arrival of the GPS operator in groups of three to six golf holes (to be determined at the time of survey). The GPS operator shall survey the location of the marker flags and collect the flags, clearing the golf hole as the survey is completed on each golf hole. • Existing irrigation will be overlaid onto the golf course master plan and itemized in preparation for the development of competitive bid documents for VIH sprinklers and swing joints. Site Study, Inventory, and Analysis We will visit the site and identify proposed areas of improvement, inventory existing irrigation system, electrical, plumbing and valving with the existing and proposed tee box limits, and identify areas where trees or landscaping must be removed to accommodate new tee box locations and greens expansions. Item 2D-37 [ ]HERMANN DESIGN GROUP11 PALM DESERT OFFICE 760.777.9131 RIVERSIDE OFFICE 951.782.9335 SAN DIEGO OFFICE 619.415.0095 SCOPE OF SERVICES A written summary of recommendations will be provided identifying irrigation improvements. The direction of the irrigation master plan will be developed in collaboration with the golf course superintendent. Irrigation Master Plan We will provide an irrigation master plan that will assist in determining the important criteria for the VIH sprinkler replacement, the tee box renovation, and greens renovation projects. Plans will include a preliminary head layout with existing mainline, existing/proposed valving and proposed lateral routing as well as coverage plans showing full and effective coverage areas. A water use calculation summarizing monthly/annual average water demands for the new irrigation will be included. Opinion of Probable Construction Cost We will prepare a preliminary opinion of probable construction cost for use in determining the project budget. II. CONSTRUCTION DOCUMENTS Upon approval of the design development package by the City, the following construction documents will be prepared: MARKETING COORDINATOR /EXECUTIVE ASSISTANT A. Landscape Demolition Plan We will prepare a plan that illustrates landscape demolition for each golf course. Existing material to remain will be noted and material that can be relocated will be shown. B. Planting Plan and Details This plan will illustrate the location of all existing and proposed plant material. A plant legend will describe the Latin and common names, sizes and remarks for each plant shown on the plan. Details will be provided as required. C. Green Layout Plan This plan will illustrate the proposed layout for the grassing of the new green layouts and serve as the staking location plan. D. Tee Grading Plan This plan will illustrate the proposed grading for all new tee locations and serve as the staking location plan. E. Irrigation Plan and Details for Tee Box Renovations This plan will illustrate the location of all new irrigation components required for the planting of new materials. Details will be provided as required. F. Construction Specifications/Bid Documents Technical specifications and itemized bid documents for the items covered under this scope of work will be provided. Item 2D-38 [ ]HERMANN DESIGN GROUP12 PALM DESERT OFFICE 760.777.9131 RIVERSIDE OFFICE 951.782.9335 SAN DIEGO OFFICE 619.415.0095 SCOPE OF SERVICES G. Opinion of Probable Construction Cost We will prepare a final opinion of probable construction cost for use in bidding documents and determination of alternate bid item(s), if necessary, for the items covered under this scope of work. III. AGENCY APPROVAL (ALLOWANCE) We will submit to the City all plans, specifications, estimates, and/or other necessary documents required to obtain approval. The following plan check submittals are included: 1st Review – 50% Check Plans and Specifications 2nd Review – 90% Check Plans and Specifications 3rd Review – 100% Check Plans, Specifications 4th Review – Final Plan Check We will make revisions as required by the City and resubmit plans for approval. IV. MEETINGS/PROJECT ADMINISTRATION (HOURLY ALLOWANCE) Meetings Attend City meetings, agency review meetings, and related project presentations as required. Attend and/or conduct development team meetings and conference calls as necessary to perform the scope of work. Six (6) meetings are anticipated with staff during the project. Coordination with the City and project management are included within this scope of work. • Kickoff Meeting • Staff Review of Design Development Plans • Staff Review of 50% Working Drawings • Staff Review of 90% Working Drawings • Staff Review of 100% Working Drawings/Specifications • City Council Approval of plans and final construction cost estimate Project Administration Perform general project management services as necessary to support to the work of this project. V. BIDDING PHASE Pre-Bid Meeting We will attend the pre-bid conference and answer questions. Bid Solicitation We will provide bid assistance to include answering questions from prospective bidders. Item 2D-39 [ ]HERMANN DESIGN GROUP13 PALM DESERT OFFICE 760.777.9131 RIVERSIDE OFFICE 951.782.9335 SAN DIEGO OFFICE 619.415.0095 SCOPE OF SERVICES VI. CONSTRUCTION SERVICES Construction Observation Services We will provide construction observation services upon request by the City. The following construction services are recommended: • Staking of tee improvements (32 tees) • Staking of green improvements • Flag plant material locations prior to installation • Review of emitter placement • Review final installation and irrigation coverage • Final punch list We will respond to requests for information and provide clarification on plans as required. During field observations we will verify that products being installed are per plans and specifications. A written report will be prepared following each site visit. Following completion of the project we will coordinate with the Contractor to provide Operation Manuals, Warranty Letters, Materials List, and Training on the irrigation control system. Perform general project management services as necessary to support to the work of this project. Item 2D-40 14 HERMANN DESIGN GROUP PROJECT SCHEDULE PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 [ ] Milestone 10/6/22 10/20/22 11/24/22 12/1/22 12/19/22 1/25/23 2/23/23 6/1/23 7/2023 8/2023 9/2023 10/6/23 10/20/23 Kick Off Meeting with City 50% Design Review & Provide Conceptual Drawings 90% Review of Plans, Specs, and Cost Estimate 100% Receipt of Drawings, Plans, Specs, and Cost Construction Bid Posting Construction Bids Due Contractor Selection Construction Notice to Proceed 50% Construction Completion 75% Construction Completion 95% Construction Completion Final Construction Review Final Construction Documents Due Item 2D-41 HERMANN DESIGN GROUPPALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 [ ] CITY O F PALM D E S E RT PALM D E S E RT OFFI C E 77899 W olf R o a d, S uit e 1 0 2 Palm D es ert, C A 9 2 2 1 1 760-777- 9 1 3 1 P h o n e 760-77 7- 9 1 3 2 F ax RIVERSI D E OFFI C E 6864 In di a n a A v e n u e, S uit e 1 0 4 E Riversid e C A 9 2 5 0 6- 4 2 8 5 951-78 2- 9 3 3 5 P h o n e SAN DI E G O O F FI C E Grossm o nt Pr of essi o n al B uil di n g 9001 Gr oss m o nt Blv d.La Mesa, C A 9 1 9 4 1 619-415- 0 0 9 5 P h o n e RFP NO.: 8 5 4- 2 1 GREENS/T E E B O X R E N O V ATI O N A N D T U RF REDUCTI O N AT D E S E RT WILL O W G OLF R E S O RT COST P R O P O S AL Item 2D-42 HERMANN DESIGN GROUPPALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 [ ] FEES AND CHARGES Firecliff Course (With Optional Tasks) $201,100.00 Mountain View Course $104,000.00 TOTAL $305,100.00 Firecliff Course (Without Optional Tasks) $192,100.00 Mountain View Course $104,000.00 TOTAL $296,100.00 NORMAL HOURLY RATES HERMANN DESIGN GROUP Principal Landscape Architect....................................................................$ 185.00 per hour Project Manager ...........................................................................................165.00 per hour Landscape Architect .....................................................................................160.00 per hour Senior Designer ............................................................................................140.00 per hour Designer .......................................................................................................110.00 per hour Admin ...........................................................................................................100.00 per hour OUTSIDE CONSULTANTS Services of outside consultants not listed in this proposal, at our direct cost, plus 15% of the actual cost of their services for coordination. REIMBURSABLES Reimbursable items, such as the cost of reprographics, soil samples, and travel required outside the Coachella Valley will be charged at our cost plus 15% within the allowances provided in the fee breakdowns. FAIRWAY IRRIGATION DESIGN Construction Services ................................................................................$ 175.00 per hour GPS Surveying ...............................................................................................175.00 per hour CAD Drafting .................................................................................................175.00 per hour Irrigation Design ...........................................................................................175.00 per hour Meetings & Coordination .............................................................................150.00 per hour COST PROPOSAL Item 2D-43 HERMANN DESIGN GROUPPALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 [ ] THE ALTUM GROUP Principal ...............................................................................................$ 184.00 per hour Director ..................................................................................................163.00 per hour Senior Project Manager ..........................................................................158.00 per hour Project Manager .....................................................................................152.00 per hour Assistant Project Manager......................................................................142.00 per hour Senior Associate .....................................................................................131.00 per hour Associate ................................................................................................116.00 per hour Assistant ...................................................................................................90.00 per hour Project Coordination ................................................................................79.00 per hour Administrative Assistant/Clerical ..............................................................58.00 per hour Intern ........................................................................................................37.00 per hour Utility Location Services Mobilization - 1st Hour ......................................................................................$ 150.00 1-Man Crew - Non-Prevailing ..................................................................................90.00 2-Man Crew - Non-Prevailing ...............................................................................169.00 1-Man Crew - Prevailing ......................................................................................$125.00 2-Man Crew - Prevailing .......................................................................................250.00 Survey Services Survey Crew - Non-Prevailing .............................................................................$225.00 Survey Crew - Prevailing .......................................................................................275.00 Survey Crew Rates Hourly rates include standard 2-man crew, 1-man robotic crew and 1-man GPS crew. Reimbursables Expenses Mileage is billed at IRS business rate plus 15%. Printing, reproduction, etc. are billed at direct cost plus 15%. COST PROPOSAL Item 2D-44 HERMANN DESIGN GROUPPALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 [ ] HDG FAIRWAY IRRIGATION ALTUM DESIGN DEVELOPMENT Base Sheets $ 2,000.00 $10,000.00 Golf Master Plan Exhibit $ 2,000.00 Preliminary Grading $ 2,500.00 $2,500.00 GPS Survey $ 9,000.00 Site Reconnaissance, Inventory, and Analysis $ 2,500.00 Inventory Current Irrigation System $ 3,000.00 Irrigation Reduction/Change Plan (32 Tees)$ 9,000.00 Irrigation Report $ 3,000.00 Irrigation Master Plan (Tee Box, Greens Expansion, and Turf Reduction) Renovation Design $ 1,500.00 Plans $ 12,000.00 Water Use Analysis Report $ 3,000.00 Preliminary Cost Estimate $ 1,500.00 $ 3,000.00 CONSTRUCTION DOCUMENTS Landscape and Turf Reduction Demolition Plans $12,500.00 Tee Grading Plan $15,000.00 Turf Reduction Plans Irrigation Final Plan Set $ 4,000.00 $ 9,000.00 Irrigation Construction Itemized Cost Estimate $ 3,000.00 Irrigation Technical and Workmanship Specs $ 3,000.00 Greens/Tee Box Renovations Plans $ 6,500.00 $ 1,500.00 Irrigation Plan Set $ 9,000.00 Irrigation Construction Itemized Cost Estimate $ 3,000.00 Irrigation Technical and Workmanship Specs $ 3,000.00 Planting Plan and Details $ 8,000.00 Landscape Specifications $ 2,000.00 Final Opinion of Probable Cost $ 5,000.00 AGENCY APPROVAL $ 3,500.00 MEETINGS AND COORDINATION (5)$ 4,500.00 $ 3,000.00 $ 1,500.00 CONSTRUCTION BID ASSISTANCE $ 1,500.00 $ 3,000.00 CONSTRUCTION SUPPORT General Irrigation Support $ 3,000.00 Construction Staking (Green/Tee Expansion/Relocation)$ 5,600.00 Computer Database Update (Tees/Greens/Turf Reduction)$ 6,000.00 Record Drawings of Revised Sprinklers - 32 Tees (Optional)$ 5,000.00 Record Drawings of New Turf Areas and Irrigation (Optional)$ 4,000.00 Construction Observation Services - Hourly $ 7,500.00 REIMBURSABLES $ 1,500.00 $ 500.00 SUBTOTAL $67,000.00 $105,100.00 $29,000.00 TOTAL $201,100.00 FEE SCHEDULE FIRECLIFF COURSE Item 2D-45 HERMANN DESIGN GROUPPALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 [ ] HDG FAIRWAY IRRIGATION ALTUM DESIGN DEVELOPMENT Base Sheets $ 2,000.00 $ 10,000.00 Golf Master Plan Exhibit $ 2,000.00 GPS Survey $ 9,000.00 Site Reconnaissance, Inventory, and Analysis $ 2,500.00 $ 15,000.00 Irrigation Master Plan Plans $ 8,000.00 Water Use Analysis Report $ 3,000.00 Record Drawings and Computer Database Update $ 6,000.00 Preliminary Cost Estimate $ 1,500.00 $ 3,000.00 CONSTRUCTION DOCUMENTS Landscape and Turf Reduction Plans $ 2,500.00 Irrigation Final Plan Set $ 9,000.00 Irrigation Construction Itemized Cost Estimate $ 3,000.00 Irrigation Technical and Workmanship Specs $ 3,000.00 Planting Plan and Details $ 8,500.00 Landscape Specifications $ 2,500.00 AGENCY APPROVAL $ 3,500.00 MEETINGS AND COORDINATION (5)$ 3,500.00 $ 3,000.00 $ 1,500.00 REIMBURSABLES $ 1,500.00 $ 500.00 SUBTOTAL $30,000.00 $62,500.00 $11,500.00 TOTAL $104,000.00 FEE SCHEDULE MOUNTAIN VIEW COURSE Item 2D-46 Legend Firecliff Golf Course Mountain View Golf CoursePortola Ave.Portola Ave.Cook St.Cook St.Country Club Dr.Country Club Dr. Frank Sinatra Dr.Frank Sinatra Dr. Vicinity Map Greens/Tee Box Renovation and Turf Reduction at Desert Willow Golf Resort Item 2D-47 [This page has intentionally been left blank.] Page 1 of 10 CITY OF PALM DESERT STAFF REPORT MEETING DATE: September 29, 2022 PREPARED BY: Rosie Lua, Planning Manager Jessica Gonzales, Housing Manager REQUEST: APPROVE AN AMENDMENT TO GENERAL PLAN AMENDMENT 21-0002 (GPA 21-0002) FOR READOPTION OF THE CITY’S 6TH CYCLE HOUSING ELEMENT (2021-2029) IN ACCORDANCE WITH THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD) GUIDELINES RECOMMENDATION: Adopt a Resolution approving General Plan Amendment (GPA 21-0002), readopting the City’s 6th Cycle Housing Element of the General Plan in accordance with the California Department of Housing and Community Development (HCD) guidelines. BACKGROUND/ANALYSIS: Strategic Plan: •Land Use, Housing & Open Space: “Priority 2: Facility development of high-quality housing for people of all income levels.” •Land Use, Housing & Open Space: “Priority 5: Utilize progressive land use policies and standards to support ongoing and future needs.” Executive Summary: The City’s General Plan’s Housing Element is a state-mandated plan identifying the City's housing needs. An updated Housing Element is required by state law over an eight-year (8) planning period (2021-2029), which coincides with the Regional Housing Needs Assessment (RHNA) projection period: •On March 10, 2022, the City Council adopted the City's 6th Cycle Housing Element (Adopted Housing Element). •On April 5, 2022, the Adopted Housing Element was submitted to the California Department of Housing and Community Development (HCD) for its review and certification. •On June 2, 2022, HCD issued a comment letter requiring additional analysis and modifications to the Adopted Housing Element to obtain certification. Since then, staff worked diligently to address HCD's comments. Item 3A-1 City of Palm Desert Case No. GPA 21-0002 Amendment - Housing Element (Re-adoption) Page 2 of 10 • On June 23, 2022, staff presented preliminary findings to the City Council at a Study Session where positive feedback was received on the direction of the analysis including the recommendations on the site inventory changes. • Thereafter, a revised Housing Element was completed, and those findings were posted on the City’s website for public comment, in which no public comments were received. and submitted to HCD. • On August 11, 2022, the City received a conditional approval letter allowing the revised Housing Element to move forward with the readoption process. • The revisions are technical and minor in nature and necessary for the City to obtain HCD certification • On September 6, 2022, the Planning Commission approved the revised Housing Element recommending the readoption to the City Council. • Once approved by the City Council, the revised Housing Element will be resubmitted to HCD for final certification. The recommended changes for any site will not require a Change of Zone or General Plan Amendments for any sites identified in the inventory. Planning Commission Recommendation: The Palm Desert Planning Commission held a public hearing on the proposed amendments to the Housing Element on September 6, 2022. No public comments were received during the public comment period. The Planning Commission voted 3-0 (Commissioner Holt absent) recommending approval of the readoption of the revised Housing Element. Background: The Housing Element is a state-mandated chapter of the Palm Desert General Plan that describes, identifies, and analyzes the City's housing needs and addresses the maintenance and expansion of the housing supply to provide future projections of households needed in Palm Desert. Through research and analysis, the Housing Element identifies available housing sites (Housing Opportunity Sites) and establishes a housing program to accommodate the RHNA allocation, as determined by the Southern California Association of Governments (SCAG) and approved by HCD. To comply with state law, the City’s Housing Element must be updated to ensure the City’s policies and programs can accommodate the estimated housing growth need allocation determined by SCAG. While the City is not responsible for constructing housing units, it must adopt land use policies that allows the private market with feasible opportunities to build housing units to meet the identified need. The City's Housing Element update preparation began in January 2021 with professional consulting services provided by Terra Nova Planning and Research, Inc. As part of the Housing Element update process, the City conducted extensive public outreach activities beginning in January of 2021, including a community-wide workshop, a stakeholder workshop, participation in a community-wide activity, Planning Commission and City Council study sessions, and other media advertisements. Staff provided all project materials on a dedicated website: https://www.cityofpalmdesert.org/our-city/departments/planning/general-plan/housing-element. Item 3A-2 City of Palm Desert Case No. GPA 21-0002 Amendment - Housing Element (Re-adoption) Page 3 of 10 On March 10, 2022, the City Council adopted the Housing Element Update by Resolution No. 2022-20, including the approvals for the Safety Element update and a Negative Declaration of Environmental Impacts. The following provides a general timeline of important milestones subsequent to the adoption of the Housing Element Update on March 10, 2022: • April 5, 2022, Terra Nova Planning and Research, Inc. submitted the adopted Housing Element Update to HCD for certification. • June 2, 2022, the City received HCD's findings letter requesting additional analysis and modifications required to find the Housing Element Update in substantial conformance with the statutory requirements of state law. o Provide additional analysis and data to meet the requisite analysis required by state law on various topic areas related to housing needs, resources, and constraints. o Provide additional information on Housing Opportunity Sites to further substantiate their suitability. o Update some of the proposed Housing Policy Programs to demonstrate stronger commitment. • June 23, 2022, staff conducted a Study Session to provide City Council with recommended changes to address HCD’s letter. Additional updates included the City of Palm Desert’s status in meeting the RHNA allocation and provided an overview of lessons learned since submitting the first Housing Element draft to HCD in early 2021. Additional items discussed: o Site F reduction of units from 326 to 150 units. o Site A requires 200 housing units but will not require an affordability component per the HCD June 2, 2022, comment letter. o Introduction of a new inventory site to include a total of 10 acres (5 acres each to include 110 units) of the 170-acre site within the University Neighborhood Specific Plan (UNSP) area owned by Successor Agency to the Palm Desert Redevelopment Agency (Successor Agency).  Government Code (GC) Section 65583(a)(3) requires local governments to prepare an inventory of land suitable for residential development, including vacant sites and sites having the potential for redevelopment, and an analysis of the relationship of zoning and public facilities and services to these sites. That inventory must identify specific sites or parcels available for residential development within the planning period and meet certain statutory requirements and factors. Vacant sites owned or leased by a city, county, or city and county were identified to meet the inventory land prioritization. The City’s Successor Agency owns the 170-acre site located at the northeast corner Item 3A-3 City of Palm Desert Case No. GPA 21-0002 Amendment - Housing Element (Re-adoption) Page 4 of 10 of Frank Sinatra Drive and Portola Avenue and satisfies the land inventory statutory requirements. • July 18, 2022, a revised Housing Element was completed and posted to the website for public comment, in which no comments were received during the comment period. Therefore, Terra Nova Planning and Research, Inc. submitted the revised Housing Element to HCD. • August 11, 2022, HCD issued a conditional approval letter accepting the changes stated above and allowing the readoption process to commence. Discussion: Revised Housing Element The Adopted Housing Element has been revised to address HCD' s comments in their entirety. It should be noted that HCD has provided Revisions to the Adopted Housing Element, which are summarized as follows: • Additional Analysis: Additional analysis was added to the Housing Needs, resources, and Constraints section, regarding segregation and integration, local data and knowledge, and other relevant factors, affirmatively furthering fair housing (AFFH), extremely low income (ELI) households, and accessory dwelling units (ADU). • Housing Programs: Programs Nos. 2.B, 3.E, 4.B, 5.B, 5C, 11.A, and 11.B were modified to provide more detailed program objectives, clarification on necessary actions to ensure compliance with state law, and updated timelines for implementation. o Program 1.A (Affordable Housing Developers): Site H was updated to include the status of the recent entitlement approvals for Millennium Apartments, which included 66 affordable housing units. • Updated the public participation section to meet the requirement of state law, demonstrating that diligent efforts were conducted in developing the housing element. • Site Inventory: The Revised Housing Element proposes changes to the site inventory. Site A, a vacant site (15 acres of 64.26 acres), had a previous allocation of 200 units of affordability. However, after HCD’s review of the site, it was determined that Site A was not an adequate site to accommodate the RHNA for lower-income households as stated in their response to the City on June 2, 2022. HCD did allow the site to remain in the inventory list requiring a minimum of 200 residential units (non-affordable) to be built on the site. In addition, Site F, a vacant site (16.32 acres) with an allowable density of 22 units per acre, has a revised unit allocation from 326 units to 150 units. To support the remaining required units, the City has allocated units within the Successor Agency’s, 170 acres located north of Frank Sinatra Drive in the University Neighborhood Item 3A-4 City of Palm Desert Case No. GPA 21-0002 Amendment - Housing Element (Re-adoption) Page 5 of 10 Specific Plan, the City has identified two five-acre (5) sites (Sites I & J) that will be developed for affordable units for lower-income households. The sites are immediately adjacent to Frank Sinatra Drive, have direct access to wet and dry utilities, and will be marketed in 2023 through Requests for Proposals as part of the requirements of the Surplus Lands Act. The City intends to select a developer in 2023, with contractual requirements that the required 220 units be constructed by 2026. Site I and J are within the University Neighborhood Specific Plan, both with a General Plan designation of Towne Center Neighborhood and a zoning designation of Neighborhood Center with a density allowance between 20 to 40 dwelling units per acre and a realistic density of 22 dwelling units per acre. More importantly, the site is adequate for affordable housing units since the property is owned by the Successor Agency. The new site will not require any General Plan Amendments or zoning changes. Table II-47 below is part of the revised Housing Element that includes the changes to the land inventory sites: Table III-47 Vacant Land Inventory of Sites for Extremely Low, Very Low, Low, and Moderate Income Units Map Key Assessor’s Parcel No. GP Zoning (all HOD)** Acreage Allowable Density Realistic Density Potential Units Vacant Entitled Sites B 694-310-006 Town Center Neighborhood Planned Residential (P.R.) 20 12 of 68.2 4 to 20 22.5 269 DD 624-040-037 Town Center Neighborhood P.R.-17.5 17.66 17.5 17.5 78 DD* 624-040-037 Town Center Neighborhood P.R.-17.5 17.66 17.5 17.5 310 E 694-520-019 Small Town Neighborhood; Employment Center P.R.-19 5.62 19 18 17 694-520-020 Small Town Neighborhood; Employment Center P.R.-19 1.2 19 4 PP 624-441-014 Small Town Neighborhood P.R.-6 0.16 3 to 10 1 1 624-441-015 Small Town Neighborhood P.R.-6 0.16 3 to 10 1 1 624-441-016 Small Town Neighborhood P.R.-6 0.16 3 to 10 1 1 624-441-017 Small Town Neighborhood P.R.-6 0.16 3 to 10 1 1 624-441-018 Small Town Neighborhood P.R.-6 0.16 3 to 10 1 1 624-441-019 Small Town Neighborhood P.R.-6 0.16 3 to 10 1 1 Item 3A-5 City of Palm Desert Case No. GPA 21-0002 Amendment - Housing Element (Re-adoption) Page 6 of 10 Table III-47 Vacant Land Inventory of Sites for Extremely Low, Very Low, Low, and Moderate Income Units Map Key Assessor’s Parcel No. GP Zoning (all HOD)** Acreage Allowable Density Realistic Density Potential Units 624-441-020 Small Town Neighborhood P.R.-6 0.16 3 to 10 1 1 624-441-021 Small Town Neighborhood P.R.-6 0.16 3 to 10 1 1 624-441-022 Small Town Neighborhood P.R.-6 0.16 3 to 10 1 1 QQ 624-440-032 Small Town Neighborhood P.R.-6 0.14 3 to 10 1 1 624-440-033 Small Town Neighborhood P.R.-6 0.14 3 to 10 1 1 624-440-034 Small Town Neighborhood P.R.-6 0.14 3 to 10 1 1 624-440-035 Small Town Neighborhood P.R.-6 0.14 3 to 10 1 1 624-440-036 Small Town Neighborhood P.R.-6 0.14 3 to 10 1 1 Subtotal Entitled Sites 692 Vacant Sites in the Entitlement Process LL 627-122-003 Small Town Neighborhood Mixed Residential (R-2), HOD 0.16 3 to 10 20 3 627-122-013 Small Town Neighborhood R-2, HOD 1.27 3 to 10 20 25 H 694-190-087 Town Center Neighborhood P.R.22 14.97 22 22 44 H* 694-190-087 Town Center Neighborhood P.R.22 14.97 22 22 286 C 694-120-028 Town Center Neighborhood; Suburban Retail Center Planned Commercial- 3 (P.C. 3), FCOZ 10 of 20.18 7 to 40 24 240 KK 622-370-014 Public Facility/Instituti onal Public (P) 1.84 N/A N/A 36 Subtotal Sites in Entitlement Process 634 Vacant Sites A 685-010-005 Regional Retail P.C.-(3), P.C.D. 15 of 64.26 10 to 15 14 200 D 694-130-017 Town Center Neighborhood P.R.-22 8.43 22 20 169 694-130-018 Town Center Neighborhood P.R.-22 2.52 22 20 50 F 694-510-013 Town Center Neighborhood P.R.-22 7 of 16.32 22 20 150 I 694-200-011 Town Center Neighborhood Neighborhoo d Center 5 of 81.5 20-40 22 110 Item 3A-6 City of Palm Desert Case No. GPA 21-0002 Amendment - Housing Element (Re-adoption) Page 7 of 10 Table III-47 Vacant Land Inventory of Sites for Extremely Low, Very Low, Low, and Moderate Income Units Map Key Assessor’s Parcel No. GP Zoning (all HOD)** Acreage Allowable Density Realistic Density Potential Units J 694-200-022 Town Center Neighborhood Neighborhoo d Center 5 of 42.85 20-40 22 110 Subtotal Vacant Sites 789 Total All Vacant Sites 2115 * Moderate Income Site ** All sites in this Table have been assigned the Housing Overlay District. Regional Housing Needs Assessment Update The RHNA is mandated by state law to quantify the need for housing throughout the state. This informs the local planning process to address existing and future housing needs resulting from projected state-wide growth in population, employment, and households. The Housing Element Update must address the housing needs identified by the RHNA prepared and adopted by the SCAG for the City of Palm Desert. Based on RHNA projections, the City of Palm Desert was assigned a total of 2,790 new housing units, which are further distributed into the following four (4) income categories (Table 1): Table 1 6th Cycle RHNA by Income Category for Palm Desert Very Low Low Moderate Above Moderate Total 675 460 461 1,194 2,790 Table 2 below summarizes the status of the City of Palm Desert’s RHNA allocation by income category units provided and units needed. As shown below, the total units provided by projects that have been entitled or are currently under entitlement since 2021 are 2,413 units, which provides for a remaining need of 188 units for the 2021-2029 planning period. The remaining affordability to meet the RHNA allocation are within the extremely low-, very low-, and low- income units. The remaining 188 units needed to meet the RHNA allocation units of very low/extremely low units are to be met by the “Vacant Sites” (not under extitlement) Housing Element inventory listed in Table III-47. Table 2 Status of City of Palm Desert – RHNA Allocation Units 2021-2029 Entitled and Under Entitlement (in process) Income Category RHNA Units Units Provided RHNA Units Needed Item 3A-7 City of Palm Desert Case No. GPA 21-0002 Amendment - Housing Element (Re-adoption) Page 8 of 10 Very Low/ Extremely Low 675 628 47 Low 460 319 141 Moderate 461 461 0 Above Moderate 1194 1194 0 Total RHNA 2,790 2,413 188 Analysis: The proposed General Plan Amendment is a revision to the City's adopted 6th Cycle Housing Element, which was submitted to HCD for its review after the document was adopted by the City Council on March 10, 2022. The purpose of the proposed revisions is to address additional comments received from HCD. Generally, the proposed revisions provide additional analysis on certain topic areas of the Housing Element, additional justification for and minor updates to the Housing Opportunity Sites, and updates to certain housing programs to provide additional clarification and an updated timeline for implementation. These revisions are technical and minor in nature and necessary for the City to obtain HCD certification. As such, the revised Housing Element remains consistent with the goals and policies of the General Plan and the statutory requirements of state law. It should be noted that no changes have occurred to that require revisions to the Safety Element or environmental impacts due to the revisions of the Housing Element. Next Steps After the adoption by the City Council, the revised Housing Element will be submitted to HCD for its final certification. Once resubmitted, HCD must complete its review of the resubmitted documents in 60 days. Staff anticipates that the City will obtain HCD's certification with no additional changes to the document based on the conditional letter from HCD staff on August 11, 2022. The sites allocated within the Housing Element do not require any General Plan Amendments and rezoning. Public Input: A notice of public hearing describing the project, date, time, and location of the hearing was published in The Desert Sun on September 16, 2022, in accordance with the City's public noticing requirements. A notice was also posted at City Hall and made available on the City’s website. Notice letters were sent to all property owners listed in Table II-47 above of the Housing Element on September 16, 2022. Item 3A-8 City of Palm Desert Case No. GPA 21-0002 Amendment - Housing Element (Re-adoption) Page 9 of 10 Public Comments No public comments have been received for the revised Housing Element Update (4th draft). Any written correspondence will be provided to the City Council upon receipt. Environment Review: The Housing Element an adopted Negative Declaration under the California Environmental Quality Act (CEQA), adopted by City Council on March 10, 2022, by Resolution No. 2022-20. In accordance with CEQA, the revisions to the Housing Element did not present any changes to the adopted Negative Declaration. Recirculation of the document was not required since no new significant changes resulted from the revisions to the document. Findings for Approval: 1. The revised Housing Element Update is consistent with the goals and policies of the General Plan. The revised Housing Element is a state-mandated Element of the City of Palm Desert’s General Plan. California state law requires that the Housing Element be updated within an eight (8) year period to adequately plan for the City’s housing needs. 2. The revised Housing Element identifies sites that may accommodate the City’s RHNA obligations. Based on various factors, including development trends, property owner interest, property valuation, and development capacity, the sites identified may have the potential to be constructed to meet the affordability obligations. 3. As required by state law, during the preparation of the amendment to the General Plan, the City provided opportunities for the involvement of the public, stakeholders, public agencies, civic, educational, and other community groups through public hearings and other means as listed in the revised Housing Element. Study Sessions were held for the City Council and the public to consider final housing needs and goals, receiving direction of the overall policy direction contributing to the revised Housing Element. The City posted the document on the City’s website, and provided notice to those individuals and organizations that requested noticing on the events of the Housing Element as required by the state law. 4. The revised Housing Element was prepared in accordance with the state law and reviewed by HCD as required by the California Government Code. After HCD issued its findings letter on June 2, 2022, the City maintained continued communication with HCD. A revised Housing Element document was posted to the City’s website for a seven (7) day period, and the public was notified of its availability prior to the resubmittal to HCD for conditional review. 5. The proposed Housing Element Update does not conflict with provisions of the Zoning Ordinance, and the Zoning Ordinance is being updated to comply with state law. Item 3A-9 City of Palm Desert Case No. GPA 21-0002 Amendment - Housing Element (Re-adoption) Page 10 of 10 FINANCIAL IMPACT: There is no direct financial impact associated with this action. REVIEWED BY: Department Director: Chris Escobedo Finance Director Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1. Resolution 2. Planning Commission Resolution No. 2818 dated September 6, 2022 3. Meeting Minutes of September 6, 2022 - Planning Commission 4. HCD Letter August 11, 2022 5. Revised DRAFT 2021-2029 Housing Element (redlines) 6. HCD Letter June 2, 2022 7. March 10, 2022, City Council Resolution No. 2022-20 8. Public Hearing Notice 9. Notice to Property Owners Item 3A-10 RESOLUTION NO. 2022- ____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, FOR A GENERAL PLAN AMENDMENT 21-0002 (GPA 21-0002), READOPTING THE CITY’S SIXTH CYCLE HOUSING ELEMENT UPDATE OF THE GENERAL PLAN IN ACCORDANCE WITH THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD) GUIDELINES WHEREAS, the City Council of the City of Palm Desert, California, did on the 10th day of March 2022, by Resolution No. 2022-20, adopted the 6th Cycle Housing Element Update for the planning period 2021-2029, Safety Element Update, and a Negative Declaration in accordance the California Environmental Quality Act (CEQA); and WHEREAS, on June 2, 2022, the City received a letter from HCD requesting additional analysis and information to the document. City staff worked with HCD staff to respond to all of HCD’s comments and a Draft Housing Element Update 2021-2029 (4th draft); was prepared and posted for public comment prior to the resubmittal to HCD. WHEREAS, on August 11, 2022, the City received a letter from HCD confirming the revised Housing Element met the statutory requirements of State Housing Element Law. The revisions were limited to addressing HCD’s findings. the readoption of the Housing Element update is required prior to final review and certification by HCD; and WHEREAS, on September 6, 2022, the Planning Commission of the City of Palm Desert, California, held a duly noticed public hearing on the Draft Housing Element Update 2021-2029 (4th draft), and after providing comment, it recommended to the City Council approval by a 4-0 vote (Commissioner Holt absent). There were no comments from the public provided at this meeting; and WHEREAS, in accordance with CEQA, the revisions to the Housing Element did not present any changes to the adopted Negative Declaration. Recirculation of the document was not required since no new significant changes resulted from the revisions to the document; and WHEREAS, the public hearing notice was published in The Desert Sun on September 15, 2022, and notices were provided to the affected properties in accordance with state law; and WHEREAS, on September 29, 2022, the City Council of the City of Palm Desert, California, held a duly noticed public hearing to consider the request by the City of Palm Desert for the approval of the Draft Housing Element Update 2021-2029 (4th draft); and WHEREAS, at the said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to exist to justify the approval. Item 3A-11 Resolution No. 2022-____ Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: SECTION 1. Recitals. That the foregoing Recitals are true and correct and are incorporated herein by this reference. SECTION 2. Amendment. The City Council concludes the following findings in accordance with State Law: 1. The revised Housing Element Update is consistent with the goals and policies of the General Plan. The revised Housing Element is a State-mandated Element of the City of Palm Desert’s General Plan. California state law requires that the Housing Element be updated within an eight (8) year period to adequately plan for the City’s housing needs. 2. The revised Housing Element identifies sites that may accommodate the City’s Regional Housing Needs Assessment (RHNA) obligations. Based on a variety of factors, including development trends, property owner interest, property valuation, and development capacity, the sites identified may have the potential to be constructed to meet the affordability obligations. 3. As required by state law, during the preparation of the amendment to the General Plan, the City provided opportunities for the involvement of the public, stakeholders, public agencies, civic, educational, and other community groups through public hearings and other means as listed in the revised Housing Element. Study Sessions were held for the City Council and the public to consider final housing needs and goals receiving direction of the overall policy direction contributing to the revised Housing Element. The City posted the document on the City’s website, provided noticing to those individuals and organizations that requested noticing on the events of the Housing Element as required by the state law. 4. The revised Housing Element was prepared in accordance with the state law and reviewed by HCD as required by the California Government Code. After HCD issued its findings letter on June 2, 2022, the City maintained continued communication with HCD. A revised Housing Element document was posted to the City’s website for a seven (7) day period, and the public was notified of its availability prior to the resubmittal to HCD for conditional review. 5. The proposed Housing Element Update does not conflict with provisions of the Zoning Ordinance, and the Zoning Ordinance is being updated to comply with state law. Item 3A-12 Resolution No. 2022-____ Page 3 SECTION 3. Amendment. That the City Council of the City of Palm Desert hereby adopts General Plan Amendment GPA 21-0002 adopting the 6th Cycle Housing Element on file with the City Clerk. SECTION 4. Amendment. That the City Council does hereby authorize staff to submit the 6th Cycle Housing Element to HCD for certification and incorporate any additional comments from HCD into the final document in accordance with the procedures set forth by State law. ADOPTED ON ________________, 20__. JAN C. HARNIK MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK Item 3A-13 Resolution No. 2022-____ Page 4 I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2022-__ is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on _______________________, by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSED: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ______________, 20__. ANTHONY J. MEJIA CITY CLERK Item 3A-14 Item 3A-15 Item 3A-16 Item 3A-17 Item 3A-18 City of Palm Desert Page 1 PLANNING COMMISSION CITY OF PALM DESERT, CALIFORNIA DRAFT MINUTES Pursuant to Assembly Bill 361, this meeting was conducted by teleconference, and there was no in-person public access to the meeting location. 1. CALL TO ORDER A Regular Meeting of the Planning Commission was called to order by Chair DeLuna on Tuesday, September 6, 2022, at 6:00 p.m. 2. ROLL CALL Present: Commissioners John Greenwood, Ron Gregory, Vice-Chair Joseph Pradetto, and Chair Nancy DeLuna. Absent: Commissioner Lindsay Holt. Staff Present: Chris Escobedo, Assistant City Manager; Rosie Lua, Planning Manager; Nick Melloni, Senior Planner; Monica O’Reilly, Recording Secretary, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. 3. PLEDGE OF ALLEGIANCE Commissioner Ron Gregory led the Pledge of Allegiance. 4. NON-AGENDA PUBLIC COMMENT None. 5. CONSENT CALENDAR A. APPROVAL OF PLANNING COMMISSION MINUTES RECOMMENDATION: Approve the Minutes of August 16, 2022. MOTION BY COMMISSIONER GREENWOOD, SECOND BY COMMISSIONER GREGORY, CARRIED 4-0, to approve the consent calendar as presented. Tuesday, September 6, 2022 6:00 p.m. Regular Meeting Item 3A-19 Planning Commission Draft Minutes September 6, 2022 City of Palm Desert Page 2 ALL ACTIONS ARE DRAFT, PENDING APPROVAL OF THE MINUTES CONSENT ITEMS HELD OVER None. 6. ACTION CALENDAR None. 7. PUBLIC HEARINGS A. CONSIDERATION OF A RECOMMENDATION TO THE CITY COUNCIL TO APPROVE AN AMENDMENT TO GENERAL PLAN AMENDMENT 21-0002 (GPA 21-0002) READOPTING THE CITY’S 6TH CYCLE HOUSING ELEMENT FOR THE PLANNING PERIOD 2021-2029 BASED ON THE FINDINGS AND CONCLUSIONS IN THE RESOLUTION. Housing Manager Gonzales and Planning Manager Lua presented the staff report and responded to Commissioner inquiries. Chair DeLuna opened the Public Hearing. Dorian Whitney, a Cathedral City resident, voiced support for the project. There being no others desiring to speak, the Public Hearing was closed. Following comments, MOTION BY COMMISSIONER GREGORY, SECOND BY VICE- CHAIR PRADETTO, CARRIED 4-0, to: Waive further reading and adopt Planning Commission Resolution No. 2818, recommending to the City Council approval of an amendment to the General Plan Amendment (GPA 21-0002) readopting the City’s 6th Cycle Housing Element of the General Plan under the California Department of Housing and Community Development guidelines. 8. INFORMATIONAL REPORTS & COMMENTS A. SUMMARY OF CITY COUNCIL ACTIONS None. B. PLANNING COMMISSIONERS None. C. CITY STAFF None. Item 3A-20 Planning Commission Draft Minutes September 6, 2022 City of Palm Desert Page 3 ALL ACTIONS ARE DRAFT, PENDING APPROVAL OF THE MINUTES D. ATTENDANCE REPORT The attendance report was provided with the agenda materials. The Commission took no action on this matter. 9. ADJOURNMENT The Planning Commission adjourned at 6:27 p.m. Respectfully submitted, Monica O’Reilly, Executive Assistant Recording Secretary ATTEST: Chris Escobedo, Assistant City Manager Secretary APPROVED BY THE PLANNING COMMISSION: __/__/2022 Item 3A-21 STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT 2020 W. El Camino Avenue, Suite 500 Sacramento, CA 95833 (916) 263-2911 / FAX (916) 263-7453 www.hcd.ca.gov August 11, 2022 Todd Hileman, City Manager City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260 Dear Todd Hileman: RE: City of Palm Desert’s 6th Cycle (2021-2029) Revised Draft Housing Element Thank you for submitting the City of Palm Desert’s (City) revised draft housing element received for review on July 28, 2022. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review. The revised draft element meets the statutory requirements of State Housing Element Law, as described in HCD’s June 2, 2022 review. The housing element will comply with State Housing Element Law (Article 10.6 of the Gov. Code) when it is adopted, submitted to, and approved by HCD, in accordance with Government Code section 65585. Please note, Site A allows for a maximum density of 15 units per acre, and the analysis did not provide sufficient evidence that densities in the10-15 range provide the financial feasibility needed to support housing affordable to lower-income households. As such, HCD did not consider Site A when determining the adequacy of sites to accommodate the Regional Housing Needs Allocation (RHNA) for lower-income households. Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City must continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available while considering and incorporating comments where appropriate. For your information, pursuant to Government Code section 65583.3, the City must submit an electronic sites inventory with its adopted housing element. The City must utilize standards, forms, and definitions adopted by HCD. Please see HCD’s housing element webpage at https://www.hcd.ca.gov/community-development/housing- element/index.shtml#element for a copy of the form and instructions. The City can reach out to HCD at sitesinventory@hcd.ca.gov for technical assistance. Item 3A-22 Todd Hileman, City Manager Page 2 Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources. HCD appreciates the hard work and dedication provided in the preparation of the City’s housing element and looks forward to receiving the City’s adopted housing element. If you have any questions or need additional technical assistance, please contact John Buettner at John.Buettner@hcd.ca.gov. Sincerely, Melinda Coy Proactive Housing Accountability Chief Item 3A-23 TN/City of Palm Desert General Plan/Housing Element Housing Element III-1 HOUSING ELEMENT PURPOSE Providing all residents of Palm Desert with safe and affordable housing is the ultimate goal of this Element. The Housing Element is designed to guide the City’s elected and appointed officials, as well as City staff and the general public, in locating and constructing housing to accommodate all segments of the community. The City continues to strive to provide quality housing for all its residents. BACKGROUND The Housing Element works hand in hand with the Land Use Element to balance the land uses available in the City to accommodate future growth. Land use designations are designed to accommodate all types of housing, to allow for the development of single family and multi-family units to meet the needs of the City’s residents, now and in the future. The Housing Element includes a description of existing housing types, condition of existing units, overcrowding, overpayment, special housing needs, and the demand for affordable housing in the City. The Element also includes an analysis of the progress made since the drafting of the last Housing Element, and projections of needs for the 2022-2029 planning period. California Law AB 2853, passed in 1980, established Government Code Article 10.6, Section 65580 et. seq. to define the need for, and content of Housing Elements. At its core, the law requires that the “housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing” to meet the State’s housing goals. California Government Code requires that every City and County prepare a Housing Element as part of its General Plan. In addition, State law contains specific requirements for the preparation and content of Housing Elements. According to Article 10.6, Section 65580, the Legislature has found that: (1) The availability of housing is of vital statewide importance, and the early attainment of decent housing and a suitable living environment for every California family is a priority of the highest order. (2) The early attainment of this goal requires the cooperative participation of government and the private sector in an effort to expand housing opportunities and accommodate the housing needs of Californians of all economic levels. Item 3A-24 TN/City of Palm Desert General Plan/Housing Element Housing Element III-2 (3) The provision of housing affordable to low and moderate income households requires the cooperation of all levels of government. (4) Local and state governments have a responsibility to use the powers vested in them to facilitate the improvement and development of housing to make adequate provision for the housing needs of all economic segments of the community. (5) The legislature recognizes that in carrying out this responsibility, each local government also has the responsibility to consider economic, environmental, and fiscal factors and community goals set forth in the General Plan and to cooperate with other local governments, and the state, in addressing regional housing needs. Section 65581 of the Government Code states that the intent of the Legislature in enacting these requirements is: (1) To assure that local governments recognize their responsibilities in contributing to the attainment of the State housing goal. (2) To assure that cities and counties prepare and implement housing elements which, along with federal and State programs, will move toward attainment of the State housing goal. (3) To recognize that each locality is best capable of determining what efforts are required by it to contribute to the attainment of the State housing goal as well as regional housing needs. (4) To ensure that each local government cooperates with other local governments to address regional housing needs. The basic components of a Housing Element were established in Section 65583, and required that each Element include: • An assessment of housing needs and an inventory of resources and constraints relevant to the meeting of local needs. • A statement of the community’s goals, quantified objectives, and policies relative to the maintenance, improvement, and development of housing. • A program that sets forth a schedule of actions to implement the policies and achieve the goals and objectives of the Housing Element to provide housing for all economic segments of the community guided by the following state housing objectives. • Provision of decent housing for all persons regardless of age, race, sex, marital status, source of income, or other factors. • Provision of adequate housing by location, type, price and tenure. • Development of a balanced residential environment including access to jobs, community facilities, and services. Since that time, Housing Element law has been regularly updated, expanded and modified. The most recent update to Housing Element law occurred in 2017, when a series of bills were passed into law to address the State’s determination that California was experiencing a State-wide housing crisis. The laws passed in 2017 addressed a wide range of housing-related issues, including Housing Elements, which are summarized below. • SB 2 established a recordation fee for real estate documentation which would fund planning grants for affordable housing and affordable housing projects. Item 3A-25 TN/City of Palm Desert General Plan/Housing Element Housing Element III-3 • SB 3 placed a $4 billion general obligation bond on the November 2018 ballot to fund affordable housing, farmworker housing, transit-oriented development, infill infrastructure and home ownership. • SB 35 mandated a streamlined approval process for infill affordable housing projects in communities that have not, according to the Department of Housing and Community Development (HCD) met their affordable housing allocation (RHNA). • AB 72 allowed HCD to find a housing element out of compliance with State law, and to refer the non-compliant element to the State Attorney General for action at any time during a Housing Element planning period. • AB 73 provided State-funded financial incentives for local jurisdictions which choose to create a streamlined zoning overlay for certain affordable housing projects. • SB 166 required that development proposals on local jurisdictions’ sites inventory cannot be reduced in density without findings, and/or the identification of additional sites to result in ‘no net loss’ of affordable housing units in the sites inventory. • SB 540 provided State funding for the planning and implementation of workforce housing opportunity zones for very low, low and moderate income households. • AB 571 modified the farmworker tax credit program to allow HCD to advance funds to migrant housing center operators at the beginning of each planting season, and allowed migrant housing to remain open for up to 275 days annually. • AB 678 amended the Housing Accountability Act to limit a local jurisdiction’s ability to deny low and moderate income housing projects by increasing the required documentation and raising the standard of proof required of a local jurisdiction. • AB 686 (approved in 2018) required a public agency to administer its programs and activities relating to housing and community development in a manner that affirmatively furthers fair housing. • AB 879 amended the annual reporting requirements of local jurisdictions to HCD regarding proposed projects, including processing times, number of project applications and approvals, and required approval processes. • AB 1397 amended the requirements of adequate sites analysis to assure that sites are not only suitable, but also available, by requiring additional information in site inventories. • AB 1505 allowed local jurisdictions to adopt local ordinances that require affordable housing units on- or off-site when approving residential projects. • AB 1515 established a ‘reasonable person’ standard to consistency of affordable housing projects and emergency shelters with local policies and standards. • AB 1521 placed restrictions on the owners of affordable housing projects when terminating or selling their projects. Consistency with the General Plan The Housing Element must be consistent with all other Elements of the General Plan. It is particularly guided by the development policies contained in the Land Use Element and roadway policies of the Circulation Element. Housing is also shaped by policies contained in other Elements that affect the quality of life for City residents through the provision of open space and recreation areas, acceptable noise levels, and safety. The current (2022-2029) update of the Housing Element did not require that the City amend its Land Use Element or land use map, as sufficient land has Item 3A-26 TN/City of Palm Desert General Plan/Housing Element Housing Element III-4 been identified to accommodate all housing types. The City will continue to evaluate any amendment to the General Plan, including updating of the Housing Element, as required by State law, to assure that internal consistency is maintained. Evaluation of Existing Housing Element Policies and Programs The City’s 2014-2021 Housing Element included policies and action items to address housing needs for the 2014-2021 planning period. Their effectiveness is reviewed below. Goal 1 A variety of housing types that meet all of the housing needs for all income groups within the City. Goal 2 The preservation and maintenance of the high quality of the City’s affordable housing supply. Policy 1 New affordable housing projects shall be encouraged in all areas of the City. Special attention will be made to distributing the units so that large concentrations of affordable housing in any one area are avoided. Program 1.A The City shall work with affordable housing developers, non-profit agencies and other stakeholders to implement the following affordable housing projects for extremely low, very low, low and moderate income households during the planning period. For Carlos Ortega Villas and Sagecrest Apartments, the Housing Authority shall market these projects to the development community through direct mail, announcements on the City’s web site and Requests for Proposals, once funding sources have been identified. • 31 units at Canterra Phase II • 21 units at Palm Desert 103 • 200 units at Dinah Shore and Portola • 72 units at Carlos Ortega Villas • 16 units at Sagecrest Apartments Responsible Agency: Community Development Department and Housing Authority Schedule: 2014-2021 Evaluation: The City has made progress in moving projects forward during the 2014-2021 planning period, as follows: • Canterra Phase II: Now known as The Sands, was entitled for 388 units, including 78 reserved for very low income households. The project entitlements remain active, but the project has failed to secure funding. The project is shown as site DD on the City’s inventory, and will be carried forward into the 2022-2029 planning period, in anticipation of its construction. Item 3A-27 TN/City of Palm Desert General Plan/Housing Element Housing Element III-5 • Palm Desert 103: This project would result in 103 apartments, 20% (21 units) of which would be restricted to moderate income households. This project was inactive during the planning period, but the requirement for affordable units remains. It will be included in the City’s inventory for the 2022-2029 planning period. • Dinah Shore and Portola: The City is currently negotiating an agreement for the development of at least 200 units on 10 acres. This site will remain on the City’s inventory as site C. • Carlos Ortega Villas: This site was developed in the 2014-2021 planning period, and contains 36 units affordable to very low income households, 36 units affordable to low income households, and one manager’s unit. The project was successfully completed and will be removed from the City’s inventory and added to its list of existing affordable communities. • Sagecrest Apartments: The Housing Authority will market the project to the development community during the 2022-2029 planning period. Progress on the implementation of this project is expected in the forthcoming planning period. This program has been successful and will be modified to address current projects. Program 1.B The City shall pursue the planning and implementation of the following projects for extremely low, very low, low and moderate income households during the planning period. The City will utilize public-private partnerships, grants and third party funding for these projects, and affordable housing funds if restored by the State Legislature. • 520 units that will include single family for-sale and multi-family for rent units at Gerald Ford Drive and Portola • an additional 52 units at the Vineyards Responsible Agency: City Schedule: 2014-2021 Evaluation: This program is still being implemented, as follows: • Gerald Ford and Portola: This project site is currently proposed for 269 apartments affordable to very low and low income households, and 3 managers’ units. Application for entitlement is pending. The project is proposed on 12± acres of a larger City holding owned by the Successor Agency (SARDA). The balance of the acreage continues to be marketed for affordable housing projects. The site will be maintained in the City’s inventory, and is shown as site B. • The Vineyard: This site consists of 260 existing apartments, 52 of which are currently restricted to moderate income households. An additional 52 may be offered as affordable to low or moderate income households, but were not during the 2014-2021 planning period. The agreement between the developer and the City remains effective, and the units could be subsidized in the future. This program continues to be implemented, and will be modified and maintained in the 2022-2029 planning period. Item 3A-28 TN/City of Palm Desert General Plan/Housing Element Housing Element III-6 Program 1.C The City shall encourage and facilitate the development by private parties of the following projects for extremely low, very low, low and moderate income units: • 432 units at Key Largo • 194 units at Frank Sinatra and Cook Street • Approximately 302 units at Dinah Shore and 35th Avenue (southeast corner) The City shall annually contact the owners/developers of these lands and review with them the incentives and financing options available through State and federal loan and grant programs, and local non-profit agencies to assure that all potential financial mechanisms are being considered for the project(s). Responsible Agency: City Schedule: 2014-2021 Evaluation: The City continues to work with the land owners associated with these sites as follows: • Key Largo: The land owners are currently preparing a Specific Plan for the site, which would include apartments. Up to 200 units could be restricted to low and moderate income households. This project is still active, and will remain on the City’s inventory as site A. • Frank Sinatra and Cook Street: This project was inactive during the planning period, and is not considered viable for the future. It will be removed from the City’s inventory. • Dinah Shore and 35th Avenue: This project remains under consideration, and the City believes that it could move forward. The City will continue to work with the landowner and encourage the development of affordable housing units into the next planning period. In addition, the City approved Tentative Tract Map 37506, for land located on the south side of Gerald Ford Drive, between Portola and Technology Drive in the University Park area. This site includes a mix of single family homes, townhome and apartment sites, totaling 1,069 units. The City will continue to work with the developer to encourage the inclusion of affordable housing units in the project. This program remains active, and will be modified for the 2022-2029 planning period. Program 1.D The City shall continue to implement the Self Help Housing program when funds are available. The City will work with agencies such as Habitat for Humanity and Coachella Valley Housing Coalition to identify funding and the location of these units. Responsible Agency: City Schedule: 2016-2018, as funding is identified Evaluation: During the 2014-2021 planning period, Habitat for Humanity developed 2 homes for very low income households, which were all completed and are now occupied. In May of 2020, the City awarded the Coachella Valley Housing Coalition a contract to construct 14 self-help housing units on Merle, near Cook Street. These homes are expected to be built during the next planning period. The program will be modified and maintained to assure construction, and the project will be included in the City’s inventory as site PP. Item 3A-29 TN/City of Palm Desert General Plan/Housing Element Housing Element III-7 Program 1.E The City shall maintain its inventory of sites zoned for PR-7 and R-3, and shall encourage the incorporation of extremely low, very low, low and moderate income housing units into these projects as they are brought forward. Responsible Agency: Planning Department Schedule: As project applications are submitted Evaluation: The City continues to encourage the provision of affordable housing in all projects, and has negotiated the inclusion of units, or the payment of in lieu fees, for several projects. In addition, in March of 2020, the City adopted the Housing Overlay District, replacing the previously enacted Medium/High Density Overlay District. The Overlay is applied to properties owned by the City, the Housing Authority and private property identified on the City’s Housing Element inventory for planning period 2014-2021. The new overlay provides significant incentives to developers, should they apply the overlay to their property for the provision of affordable housing, including development fee waivers, development standard reductions, and parking reductions. In exchange, a minimum of 20% of the units developed must be restricted to moderate, low or very low income households. The program has been successful, and will be extended into the 2022-2029 planning period. Program 1.F The City will encourage further land divisions resulting in parcel sizes that facilitate multifamily development affordable to lower income households in light of state, federal and local financing programs (i.e. 50-100 units) as development proposals are brought forward. The City will discuss incentives available for land divisions (e.g., 2-5 acres) encouraging the development of housing affordable to lower income households with housing developers as proposals are brought forward. The City will offer incentives for land division encouraging the development of affordable housing including, but not limited to: • priority to processing subdivision maps that include affordable housing units, • expedited review for the subdivision of larger sites into buildable lots where the development application can be found consistent with the Specific Plan, • financial assistance (based on availability of federal, state, local foundations, and private housing funds). Responsible Agency: Planning Department Schedule: As projects are proposed Evaluation: The City has implemented this program in two ways: the completion of the Housing Overlay District, and the encouragement of subdivision for larger projects, which was implemented with TTM 37506, and is being implemented at the Key Largo project (please see evaluation of Program 1.C above). The TTM subdivided a large holding into multiple parcels, ranging from 6 to over 20 acres, to accommodate a mix of housing types. This program is ongoing and will be continued in the 2022-2029 planning period. Item 3A-30 TN/City of Palm Desert General Plan/Housing Element Housing Element III-8 Policy 2 The City shall encourage the rehabilitation of existing housing units through a variety of programs. Program 2.A The City shall fund the Home Improvement Program for single family homes by providing grants and low interest loans to program participants. The program will be provided to the extent that funding is available, to up to five households each year. Responsible Agency: City Schedule: Annually as funds are available Evaluation: The City implemented the program and funded four grants and loans. Funding was limited, and the City was therefore able to only implement the emergency component of this program. The program will be maintained, to assure that it is available should funding be secured. Policy3 The City shall preserve existing affordable housing units. Program 3.A The Housing Authority shall continue to subsidize affordable housing units it owns now and in the future using operating revenues. Responsible Agency: Housing Authority Schedule: Annually in the Housing Authority Budget Evaluation: The Housing Authority continues to own and operate 1,114 affordable housing units in 15 projects. The City intends to continue to operate these projects, and this program shall be continued in the 2022-2029 planning period. Program 3.B The Housing Authority shall maintain the existing resale restrictions and other subsidies on 303 ownership units if permitted to do so by the Department of Finance. Responsible Agency: Housing Authority Schedule: Throughout the planning period, if permitted by the Department of Finance Evaluation: The Housing Authority maintains affordability covenants on a total of 301 owner- occupied properties, of which 31 properties were resold to a new qualifying household with affordability covenants. Some of the covenants will expire during the 2022-2029 planning period. The Housing Authority intends to maintain these covenants, and the program will be continued and amended to address expirations in the 2022-2029 planning period. Program 3.C The Housing Authority owns approximately 1,000 existing rental housing units and will strive to maintain its ownership and/or long term affordability of these units by a third party. Responsible Agency: Housing Authority Schedule: Annually in the Housing Authority Budget Item 3A-31 TN/City of Palm Desert General Plan/Housing Element Housing Element III-9 Evaluation: The Housing authority continues to own and operate 1,114 units, and plans to maintain ownership. This program has been successfully implemented, and will be continued in the 2022-2029 planning period. Program 3.D The City shall coordinate between affordable housing developers and social service agencies when new projects are developed to encourage the integration of services such as child care, job training, vocational education, and similar programs into new affordable housing projects through direct contact with both parties. For on-site child care, the Agency shall consider allocation of the City’s Childcare Mitigation Fee to new projects which provide the service. Responsible Agency: Housing Authority, City Manager’s Office, Community Development Department Schedule: As projects are proposed Evaluation: The City continues to operate the Jean Benson Childcare Center located within the Desert Rose project. In addition, the Hovley Gardens project provides after-school programs for school-aged children, and adult education, health and wellness, and skill building classes to residents. New projects proposed for development are encouraged to provide services to residents. As these projects are forthcoming, the level of programming has not been determined. The City will continue to encourage such programs in the 2022-2029 planning period. Policy 4 The City shall continue to strive to meet the State-mandated special shelter needs of large families, female headed households, single parent families, senior citizens, and disabled individuals and families, and shall consider including units for such households in its projects. Evaluation: The City assists disabled residents at all its Housing Authority owned properties. Between 2014 and 2020, there were between 91 and 188 disabled residents in these properties, varying by year. In 2020 the City had the highest number of disabled residents during the planning period, providing housing to 188 disabled residents. The City has approved a project for developmentally disabled persons adjacent to Desert Arc offices on Country Club Drive. In addition, the Housing Authority committed to leasing the land and funding a subsidy of up to $250,000 to assure that 5 units were for persons employed within the City, and supported CTCAC and other funding efforts. The project, which includes 36 units of special needs housing and a community center building, remains entitled but has not secured funding. The City will continue to work with the project, and this program will be maintained in the 2022-2029 planning period. Program 4.A The City shall continue to enforce the provisions of the Federal Fair Housing Act. The City shall continue its referral program to the Fair Housing Council of Riverside County, and shall maintain information at City Hall and affordable housing complexes. Responsible Agency: City and Housing Authority Schedule: Brochures and flyers available at Housing Authority properties, Library, and apartment managers’ offices Item 3A-32 TN/City of Palm Desert General Plan/Housing Element Housing Element III-10 Evaluation: The City provides fair housing information at all its properties, and continues to fund programs operated by the Fair Housing Council of Riverside County. During the 2014-2022 planning period, the City used CDBG funds to provide the Council $239,000 to eliminate discrimination in housing throughout the City in joint efforts across the County. Program 4.B The City shall work with the Senior Center and other appropriate agencies in the housing of disabled residents. Responsible Agency: Senior Center Schedule: Annually through staff training program The Housing Authority maintains 380 of its 1,114 units, or 34%, for senior households. In addition, the City has preserved 37 non-City owned units’ affordability for seniors in assisted living communities. In 2015, the City entered into an amended agreement with the developers of the Legend Gardens community, requiring that 10 of its assisted living one-bedroom units be restricted to low income seniors. Program 4.C The City shall meet with non-profit developers and other stakeholders annually to establish and implement a strategy to continue to provide housing affordable to extremely low-income households. The City shall also consider applying for State and federal funding specifically targeted for the development of housing affordable to extremely low-income households, such as CDBG, HOME, Local Housing Trust Fund program and Proposition 1-C funds to the extent possible. The City shall continue to consider incentives, such as increased densities, modifications to development standards, priority processing and fee deferrals as part of the financing package for projects which include extremely low income units. Responsible Agency: Housing Authority Schedule: As projects are proposed The City and Housing Authority continuously seek opportunities for the development of affordable housing units, including regular contact with the development community. During the planning period, Habitat for Humanity developed 2 homes for very low income households, which were all completed and are now occupied. This has included developing a self-help housing program for 14 units with the Coachella Valley Housing Coalition, and marketing City properties to developers. This effort has led to an agreement with Pacific West Companies for the development of 269 affordable housing units, the entitlement of 36 units dedicated to special needs housing adjacent to Desert ARC, and the commitment of loan funds for the substantial rehabilitation of Hovley Gardens, a 162 unit family project. The City is currently also working with Hovley Gardens to refinance the property to extend affordability for the project for an additional 55 years. This will be completed during the upcoming planning period. This program has been successful, and will be maintained in the 2022-2029 planning period. Policy 5 The City shall strive to provide shelter for the homeless and persons with disabilities. Item 3A-33 TN/City of Palm Desert General Plan/Housing Element Housing Element III-11 Program 5.A The City shall continue to work with CVAG on a regional solution for homelessness, including the Multi-Service Center in North Palm Springs, and the beds and services it will provide. (See discussion on page 28 regarding CVAG’s program) Responsible Agency: City Manager’s Office, City Council Schedule: Annually in the General Fund Budget Evaluation: The City funded multiple efforts to reduce homelessness. The City participated and funded $100,000 annually for regional homelessness assistance through CVAG, both for the Center in North Palm Springs, and continuing with additional services after the Center closed. In addition, the City funded two full-time positions with the Riverside University Health System to provide assistance to Palm Desert homeless residents. This program will be modified to reflect current homeless prevention efforts for the 2022-2029 planning period. Program 5.B The City will continue to coordinate with the Inland Regional Center, Desert Arc and other appropriate agencies and organizations that serve the developmentally and physically disabled population. The City will continue to encourage developers to reserve a portion of affordable housing projects for the disabled, including those with developmental disabilities. The City will support funding applications for such projects, and will consider fee waivers and reductions when these projects are proposed. Housing Authority properties are one of the vehicles available to encourage rental to developmentally disabled individuals. Responsible Agency: Planning Department, City Council Schedule: As projects are proposed The City approved a project for developmentally disabled individuals adjacent to Desert Arc offices on Country Club Drive. In addition, the Housing Authority committed to leasing the land and funding a subsidy of up to $250,000 to assure that 5 units were for persons employed within the City, and supported CTCAC and other funding efforts. The project, which includes 36 units of special needs housing and a community center building, remains entitled but has not secured funding. The City assists disabled residents at all its Housing Authority owned properties. Between 2014 and 2020, there were between 91 and 188 disabled residents in these properties, varying by year. The 2020 census is the highest of the planning period, providing housing to 188 disabled residents. Furthermore, the City provided Desert Arc $77,750 in Community Development Block Grant (CDBG-CV) funds to sustain operations during the coronavirus pandemic and implement activities related to a multi-phased re-opening plan. This program has been successful and will continue to be implemented. Program 5.C The City shall encourage local organizations, such as the Coachella Valley Rescue Mission, Martha’s Village and Catholic Charities, to apply to the City for the award of CDBG funds for homeless services. Responsible Agency: City Manager’s Office Schedule: Annually with CDBG funding cycle Item 3A-34 TN/City of Palm Desert General Plan/Housing Element Housing Element III-12 Evaluation: During the 2014-2021 planning period, the City used CDBG funds to contribute toward energy improvements and food supplies at Martha’s Village and Kitchen totaling $312,752; at the Coachella Valley Rescue Mission, $52,770 was allocated from CDBG funds for equipment replacements, food supplies and shelter services; and Catholic Charities was allocated $5,151 for food and supplies. In total, the City allocated $370,673 toward direct assistance to homeless individuals. This program was successful and will be continued in the 2022-2029 planning period. In addition, the City provided Martha’s Village an additional $40,000 in CDBG-CV funds to provide operational costs for a 15-bed expansion for homeless individuals during the coronavirus pandemic. Likewise, the City provided the Coachella Valley Rescue Mission with an additional $40,000 in CDBG-CV funds to sustain operations during the coronavirus pandemic. Policy 6 The City shall continue to utilize restrictions, applicant screenings, and other appropriate mechanisms established as conditions of approval in order to preserve affordable for sale housing units for the long term. Program 6.A The City shall keep in regular contact with the Riverside County Housing Authority to ensure that Section 8 housing assistance within the City is actively pursued. At least 30 households should be assisted every year. Responsible Agency: City Schedule: Annually with annual compliance plan review Evaluation: The Housing Authority annually houses an average of 40 households under the Section 8 program at its properties. This program has been successful, and shall be carried forward to the 2022-2029 planning period. Program 6.B The City shall continue to work with affordable housing organizations to preserve the affordability of the Regent Palm Desert, Shadow Hills Estates and Cantera Phase I, which will be at risk of losing their affordability restrictions during the planning period. The City will coordinate with private development and management companies to promote the preservation of these units; and may cooperate through state and federal program funding for third party ownership, and other means to assure the long term affordability of the project. Responsible Agency: City Schedule: Annually as the projects’ affordability restrictions are at risk Evaluation: The City made multiple efforts to preserve the affordability of units at the Regent, Shadow Hills and Cantera. All of the owners, however, declined to maintain affordability restrictions, and the units reverted to market rates. This program will be adjusted to reflect units at risk during the 2022-2029 planning period. Item 3A-35 TN/City of Palm Desert General Plan/Housing Element Housing Element III-13 Policy 8 The City Council shall consider, as an additional incentive, the reduction, subsidizing or deferring of development fees to facilitate the development of affordable housing. Evaluation: The City implemented this policy through the implementation of State density bonus law and the adoption of the Housing Overlay District. In addition, both the Sands project and the Arc Village project were granted fee waivers in exchange for affordability covenants during the planning period. This program has been successful, and will continue to be implemented, based on funding availability. Policy 9 The City shall continue to address the needs of the senior population in development of housing. Program 9.A The City shall maintain the Senior Housing Overlay District and the Second Unit Housing standards in the Zoning Ordinance. Responsible Agency: Community Development Department Schedule: Annually review with state General Plan report Evaluation: The City adopted the Housing Overlay District in 2020. This District allows for the waiver of fees and the reduction of development standards for projects committing to affordable housing units. In addition, the City approved a total of 162 accessory dwelling units during the planning period. Although these units are not restricted by covenant, they provide for an affordable housing option on existing single family home lots. The City will continue to implement both programs in the 2022-2029 planning period. Program 9.B The City shall continue to encourage the development of assisted living facilities for seniors. Responsible Agency: Community Development Department Schedule: As projects are proposed Evaluation: The City preserved existing affordability covenants at an assisted living facility, and increased the availability of affordable units at the Legend Gardens facility to 10. This program was successful, and will be maintained in the 2022-2029 planning period. Policy 10 The City shall implement the State’s density bonus law. Evaluation: There were no projects constructed during the planning period with density bonus units, but the Sands project received 78 very low income household density bonus units and concessions, and the forthcoming Pacific West Companies project will increase its unit count from 200 to 269 for very low, low and moderate income households through density bonus provisions. The City will continue to implement density bonus law consistent with law in the 2022-2029 planning period. Policy 11 Promote the jobs/housing balance through the development of housing with convenient access to commercial land uses, schools, available public transport and employment centers. Item 3A-36 TN/City of Palm Desert General Plan/Housing Element Housing Element III-14 Evaluation: The City continues to consider the placement of housing in proximity to jobs, and to encourage the housing of Palm Desert employees in projects. This was directly accomplished through a subsidy agreement at the Arc Village project, which provides for 5 units for Palm Desert employed households, and through the University Village Specific Plan, which places higher density residential lands in close proximity to job centers in the Portola/Gerald Ford/Cook/Fred Waring area. This policy continues to be a priority for the City, and will be carried forward into the 2022-2029 planning period. Policy 12 Encourage energy conservation through the implementation of new technologies, passive solar site planning and enforcement of building codes. Please also see the Energy and Mineral Resources Element. Program 12.A The City shall maintain an Energy Conservation Ordinance which mandates conservation in new construction beyond the requirements of the California Building Code. Responsible Agency: Planning Department Schedule: Annual review with state General Plan report Program 12.B The City shall encourage Green Building techniques, recycling in demolition, and the use of recycled, repurposed and reused materials in all new affordable housing projects to the greatest extent possible. Responsible Agency: Planning Department, Building Department, Public Works Department Schedule: As projects are proposed Evaluation: The Housing Authority has implemented energy conservation at multiple projects, including the Carlos Ortega Villas, which was constructed as a net-zero project, and with replacements of HVAC and water heating systems with high-efficiency systems at Housing Authority projects. In addition, solar installations were undertaken within the Desert Rose project. This policy continues to be important to the City, and will be carried forward to the 2022-2029 planning period. Summary of Impact on Special Needs Populations In summary, as described in the evaluation above relating to special needs programs, the City’s implementation of its Housing Element during the previous planning period supported the housing needs of special needs households: • City-owned housing communities continue to house senior residents in 7 projects totaling 366 units. • City-owned housing communities continue to house physically and developmentally disabled residents, which have ranged from 91 to 188 residents in the last planning period. • The City has actively participated in moving forward on the Arc Village project, which will result in 32 units for developmentally disabled residents, in addition to the funds expended to make improvements to Desert Arc educational and vocational facilities. Item 3A-37 TN/City of Palm Desert General Plan/Housing Element Housing Element III-15 DEMOGRAPHIC INFORMATION This section provides the demographic background for the residents of Palm Desert. The information is primarily based on 2010 U. S. Census and 2018 American Community Survey (ACS) data. Where more current data is available, it has been included in addition to the Census and ACS information. Regional Population The City of Palm Desert is located in the Coachella Valley in eastern Riverside County. Riverside County grew from 1,545,387 in 2000 to 2,189,641 in 2010. By 2018, the American Community Survey estimated that the County population had grown to 2,383,286, which represents an 8-year increase of 8.8%. The California Department of Finance (DOF) estimated that, in January 2020, Riverside County had a population of 2,442,304, an increase of 11.5% over the 2010 population. Table III-1 Population Trends – Neighboring Jurisdictions Jurisdiction 2010 2018 Change (2010-2018) Number Percent Desert Hot Springs 25,938 28,430 2,492 9.6% Palm Springs 44,552 47,525 2,973 6.7% Cathedral City 51,200 54,037 2,837 5.5% Rancho Mirage 17,218 18,075 857 5.0% Palm Desert 48,445 52,124 3,679 7.6% Indian Wells 4,958 5,317 359 7.2% La Quinta 37,467 40,704 3,237 8.6% Coachella 40,704 44,849 4,145 10.2% Indio 76,036 91,235 15,199 20.0% Riverside County 2,189,641 2,383,286 193,645 8.8% Source: 2010 U.S. Census; American Community Survey 2014-2018 5-Year Estimates. City Population Palm Desert has also experienced a rapid rate of growth. In 1990, the Census reported a population of 23,252 in the City. From 1990-2000, the City’s population grew to 41,155, an increase of 77% in ten years. By 2010, the Census reported a City population of 48,445, an increase of 17.3% in ten years. The California Department of Finance estimated that the City’s population on January 1, 2020 was 52,986, an average annual increase of under 1%. Between 2010 and 2018, the City’s growth rate (7.6%) ranked in the middle compared to other Coachella Valley cities and was less than the County’s growth rate (8.8%). Item 3A-38 TN/City of Palm Desert General Plan/Housing Element Housing Element III-16 Table III-2 Population Trends – Palm Desert Year Population Numerical Change Percent Change Average Annual Growth Rate 2000 41,155 -- -- -- 2010 48,445 7,290 17.7% 1.8% 2020 52,986 4,541 9.4% 0.9% Source: 2000 and 2010 U.S. Census; Table E-1, Population Estimates for Cities, Counties, and the State, California Department of Finance, January 1, 2020. The Southern California Association of Governments (SCAG) Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) projects a City population of 64,100 by 2045. Age The Coachella Valley historically has attracted older adults and retirees, and Palm Desert is no exception. The City’s median age rose from 48.0 in 2000 to 53.0 in 2010 and decreased slightly to 52.6 in 2018. With the continuing aging of America, it is expected that the median age may keep rising or stabilize. Table III-3 illustrates age characteristics for Palm Desert population in 2010 and 2018. From 2010 to 2018, children and youth groups (ages 0–19) decreased by 0.7% to 16.6%, young and middle-age adults (20 to 54 years) increased by 0.5% to 35.7%, and all age groups over 55 years increased by 0.2% to 47.7%. The data suggest that housing demand is currently highest for seniors and young and middle-age adults. If the aging trend continues, there may be a growing demand for senior housing and programs that promote “aging in place”; however, this trend is likely to occur slowly, and the demand for such products will need to be evaluated over time. The Palm Desert Housing Authority operates 7 affordable apartment complexes that are restricted to seniors, the newest of which is the 72-unit Carlos Ortega Villas built in 2015 (see “Affordable Housing Developments” section). During the 2022-2029 planning period, particular focus will be on expanding housing opportunities for families and first-time buyers. Item 3A-39 TN/City of Palm Desert General Plan/Housing Element Housing Element III-17 Table III-3 Age Distribution, 2010 and 2018 Age 2010 2018 Number % of Total Number % of Total Under 5 2,021 4.2% 2,032 3.9% 5-9 1,960 4.0% 2,044 3.9% 10-14 2,105 4.3% 2,256 4.3% 15-19 2,345 4.8% 2,331 4.5% 20-24 2,436 5.0% 2,727 5.2% 25-34 4,344 9.0% 5,430 10.4% 35-44 4,387 9.1% 4,847 9.3% 45-54 5,872 12.1% 5,605 10.8% 55-59 3,235 6.7% 3,384 6.5% 60-64 3,817 7.9% 3,886 7.5% 65-74 7,640 15.8% 8,976 17.2% 75-84 5,914 12.2% 5,940 11.4% 85+ 2,369 4.9% 2,666 5.1% Total 48,445 100.0% 52,124 100.0% Median age 53.0 52.6 Source: 2010 U.S. Census Tables P12 and P13; American Community Survey 2014-2018 5-Year Estimates, Table DP05 Race and Ethnicity Table III-4 describes the racial and ethnic distribution for Palm Desert in 2010 and 2018. Residents who categorize themselves as white comprise the largest race/ethnicity; this group remained constant at 82.5%. The second most prevalent race/ethnicity changed from “some other race” to Asian. The “some other race” category decreased from 9.1% to 5.0%. The Asian group increased from 3.4% to 5.1%, and the percentage of Black/African Americans increased from 1.8% to 2.5%. The share of American Indians and Alaska Natives, and Native Hawaiians and Other Pacific Islanders, remained largely constant, comprising approximately 0.6% combined during both years. The percentage of residents in the “Two or More Races” category increased from 2.5% to 4.4%. The percentage of Hispanic or Latino residents increased from 22.8% to 25.5%. Item 3A-40 TN/City of Palm Desert General Plan/Housing Element Housing Element III-18 Table III-4 Racial and Ethnic Characteristics, 2010 and 2018 Race/Ethnicity 2010 2018 Number % of Total Number % of Total One Race: White 39,957 82.5% 42,993 82.5% Black or African American 875 1.8% 1,323 2.5% American Indian & Alaska Native 249 0.5% 196 0.4% Asian 1,647 3.4% 2,651 5.1% Native Hawaiian/Other Pac. Islander 55 0.1% 91 0.2% Some Other Race 4,427 9.1% 2,593 5.0% Two or More Races 1,235 2.5% 2,277 4.4% Total 48,445 100% 52,124 100% Hispanic or Latino (of any race) 11,038 22.8% 13,299 25.5% Source: 2010 U.S. Census, Table P3; American Community Survey 2014-2018 5-Year Estimates, Table DP05 Households The City had a total of 23,117 households in 2010. The average household size was 2.09 persons per household based on the 2010 Census. Between 2010 and 2018, the number of households increased 4.3% to 24,114, and the average household size in 2018 was 2.15 persons according to the ACS. In 2018, 44.9% of households consisted of married couple families, followed by non- family households (43.3%), female householder families (7.6%), and male householder families (4.3%). Table III-5 Household Growth Trends Year Number of Households Numerical Change Percent Change 2010 23,117 --- --- 2018 24,114 997 4.3% Source: 2010 U.S. Census, Table P28; American Community Survey 2014-2018 5- Year Estimates, Table DP02 Table III-6 Household Types Household Type No. of HH % of Total Family households: 13,679 56.7% Married couple family 10,821 44.9% Male householder, no wife present 1,030 4.3% Female householder, no husband present 1,828 7.6% Non-family households 10,435 43.3% Total Households 24,114 100% Source: American Community Survey 2014-2018 5-Year Estimates, Table DP02 Item 3A-41 TN/City of Palm Desert General Plan/Housing Element Housing Element III-19 Income Income can vary significantly by region, industry, and type of job. Table III-7 describes average income per worker by industry in the Coachella Valley. As shown, the highest-paying sectors are Finance/Insurance/Real Estate, Government, and Information, with incomes averaging around $50,000 to $60,000. The lowest-paying sectors include Retail Trade, Other Services, and Leisure and Hospitality, with incomes averaging around $31,000. Table III-7 Average Income by Industry, Coachella Valley Industry Average Income per Worker, 2017 Agriculture $29,571 Construction $45,488 Manufacturing $46,340 Retail Trade $32,281 Information $50,493 Finance, Insurance, Real Estate $59,726 Professional and Business Services $43,736 Education and Health Services $48,322 Leisure and Hospitality $31,513 Government $58,711 Other Services $31,836 Logistics $45,114 Source: 2019 Greater Palm Springs Economic Report, Coachella Valley Economic Partnership, Figure 29 Median household income in the City in 2000 was $48,316; it rose to $50,267 by 2010. In 2018, median household income had risen to $57,578, less than the County median income, which stood at $66,964. The following table identifies the number of Palm Desert households in each income range. Item 3A-42 TN/City of Palm Desert General Plan/Housing Element Housing Element III-20 Table III-8 City Household Income Distribution, 2018 Income No. of HH % of Total Less than $10,000 1,787 7.4% $10,000-$14,999 1,187 4.9% $15,000-$24,999 2,252 9.3% $25,000-$34,999 2,477 10.3% $35,000-$49,999 3,004 12.5% $50,000-$74,999 4,341 18.0% $75,000-$99,999 2,547 10.6% $100,000-$149,999 2,809 11.6% $150,000-$199,999 1,721 7.1% $200,000 + 1,989 8.2% Total 24,005 100%* Source: American Community Survey 2014-2018 5-Year Estimates, Table DP03. *Differences due to rounding. The ACS estimated that 9.3% of all families in Palm Desert were living below the poverty level in 2018. Employment and Major Employers Like much of the Coachella Valley, a substantial portion of the City’s economy is rooted in the regional tourism and service industries. The following table describes employment distribution in Palm Desert in 2018. The ACS data show that, of a total civilian workforce of 21,933 residents over 16 years, the largest employment sectors were “arts, entertainment, recreation, accommodation & food services” (20.1%) and “educational services, health care & social assistance” (18.8%). Item 3A-43 TN/City of Palm Desert General Plan/Housing Element Housing Element III-21 Table III-9 City Employment by Industry, 2018 Industry No. of Employees % of Total Agriculture/Forestry/Fishing/Hunting/Mining 147 0.7% Construction 1,473 6.7% Manufacturing 789 3.6% Wholesale Trade 492 2.2% Retail Trade 3,066 14.0% Transportation, warehousing & utilities 585 2.7% Information 438 2.0% Finance, insurance, real estate, rental & leasing 1,616 7.4% Professional, scientific, management, admin. & waste management 2,702 12.3% Educational services, health care & social assistance 4,133 18.8% Arts, entertainment, recreation, accommodation & food services 4,404 20.1% Other services (except public administration) 1,482 6.8% Public Administration 606 2.8% Total Employment by Industry (Civilian 16 years and over) 21,933 100% Source: American Community Survey 2014-2018 5-Year Estimates, Table S2405 As shown in Table III-10, more than one-third (36.1%) of the City’s civilian employed labor force is in “management, business, science, and arts” occupations, followed by “sales and office” occupations (27.6%) and “service” occupations (24.6%). Table III-10 City Employment by Occupation, 2018 Occupation No. of Employees % of Total Management, business, science, and arts occupations 7,926 36.1% Service occupations 5,404 24.6% Sales and office occupations 6,048 27.6% Natural resources, construction, and maintenance occupations 1,316 6.0% Production, transportation, and material moving occupations 1,239 5.6% Total civilian employed population 16 years and over 21,933 100%* Source: American Community Survey 2014-2018 5-Year Estimates, Table DP03 *Differences due to rounding. As shown in Table III-11, the City’s principal employers include security services providers, golf clubs and resorts, and big chain retailers. Typical jobs at these facilities include store clerks and managers, salesmen, security guards, and hospitality and food service providers. Item 3A-44 TN/City of Palm Desert General Plan/Housing Element Housing Element III-22 Table III-11 Principal Employers in Palm Desert, 2019 Employer No. of Employees % of Total City Employment JW Marriot-Desert Springs Resort & DS Villas 2,304 9.8% Universal Protection Services 1,500 6.4% Securitas-Security Service USA 700 3.0% Organization of Legal Pro's 501 2.1% Sunshine Landscape 500 2.1% Costco Wholesale 250 1.1% Bighorn Golf Club 250 1.1% Whole Foods Market 150 0.6% Target 145 0.6% Tommy Bahama 125 0.5% Total 6,425 27%* Source: 2019 Comprehensive Annual Financial Report, City of Palm Desert. *Differences due to rounding. The Great Recession, with onset in late 2007, saw high unemployment and job losses in the Coachella Valley. At the trough, about every seventh person lost their job.1 Regional employment started to increase in 2011, but annual growth was still slower than pre-Recession levels until 2017, suggesting more severe impacts than western Riverside County, the state, and the nation. The construction sector was hit hardest regionally, with approximately 70% of jobs lost and only 14% recovered by December 2017.2 The Retail Trade and Wholesale Trade sector lost around 6,700 jobs but has generally returned to pre-Recession levels. Two sectors have fully recovered and even added jobs: Education and Health Services and, to a lesser extent, Leisure and Hospitality. Between 2010 and 2019, annual unemployment rates in Palm Desert declined from a high of 10.1% in 2010 to a low of 4.2% in 2019.3 However, analysis of employment data from 2005 to 2017 shows that, as of December 2017, Palm Desert had not recovered the job losses it incurred during the Great Recession. The City lost about 20% of jobs, relative to peak employment, and had recovered only about 1.8%.4 This scenario is similar for seven other Coachella Valley cities; only Palm Springs and Rancho Mirage had recovered and exceeded their previous peaks. Table III-12 describes the employment locations of Palm Desert residents. As shown, 39.6% of City residents work in the City, which shows a relatively large portion of residents are employed within City limits. The remaining work locations are spread out in other Valley cities, the top two being Rancho Mirage (16.4%) and Palm Springs (12.6%). An estimated 11,824 residents of other cities work in Palm Desert, which is the highest number of employment inflows of all cities in the Coachella Valley. The City’s retail and service sectors, in particular, attract and can support younger workers in entry level positions. 1 2019 Greater Palm Springs Economic Report, Coachella Valley Economic Partnership, Figure 24. 2 Ibid, Figures 25 and 26. 3 California Employment Development Department annual average unemployment rates (labor force), not seasonally adjusted, not preliminary. 4 2019 Greater Palm Springs Economic Report, Coachella Valley Economic Partnership, Figure 28. Item 3A-45 TN/City of Palm Desert General Plan/Housing Element Housing Element III-23 Table III-12 Commuting Patterns Where Palm Desert Residents Work No. of Palm Desert Residents % of Total Indio 737 7.8% Cathedral City 436 4.6% Palm Desert 3,749 39.6% Palm Springs 1,193 12.6% Coachella 238 2.5% La Quinta 892 9.4% Desert Hot Springs 93 1.0% Rancho Mirage 1,555 16.4% Indian Wells 572 6.0% Total: 9,465 100.0% Inflow of Workers from Other Cities to Palm Desert: 11,824 ---- Source: 2019 Greater Palm Springs Economic Report, Coachella Valley Economic Partnership, Table 6. Based on 2015 data. EXISTING HOUSING STOCK Housing Units The City’s housing stock includes an estimated 39,800 dwelling units, the majority of which (39.6%) are single-family detached units. Other housing types include single-family attached units (18.8%), multi-family complexes with 2-4 units (14.2%) and 5 or more units (19.5%), mobile homes (7.8%), and boat/RV/van/etc. (0.1%). The total number of units increased by 2,932 (8.0%) between 2010 and 2018. Specifically, the number of single-family detached units increased by 1,183, single-family attached units decreased by 3,274, multi-family 2-4 units increased by 2,722 and 5+ units increased by 2,847, mobile homes decreased by 547, and boat/RV/van/etc. increased by one (1). Table III-13 City Housing Characteristics Units in Structure 2010 2018 No. of Units % of Total No. of Units % of Total Single Family, detached 14,584 39.6% 15,767 39.6% Single Family, attached 10,761 29.2% 7,487 18.8% 2-4 Units, Multi-family 2,927 7.9% 5,649 14.2% 5+ Units, Multi-family 4,912 13.3% 7,759 19.5% Mobile homes 3,650 9.9% 3,103 7.8% Boat, RV, van, etc. 34 0.1% 35 0.1% Total 36,868 100.0% 39,800 100% Source: 2010 U.S. Census and American Community Survey 2014-2018 5-Year Estimates, Table DP04 Item 3A-46 TN/City of Palm Desert General Plan/Housing Element Housing Element III-24 Residential Building Permit Activity The following table describes residential building permit activity during the 2014-2021 planning period. Permits were issued for a total of 1,447 units. Single-family units accounted for 43% of all permits and had an average value of $513,498 per unit. Multi-family 2-4 units accounted for 13% and had an average value of $279,940 per unit. Multi-family 5+ units accounted for 44% and had an average value of $208,200 per unit. Table III-14 Residential Building Permits, 2014-2020 Year Single-Family Multi-Family 2-4 Units Multi-Family 5+ Units No. of Units Average Value/Unit No. of Units Average Value/Unit No. of Units Average Value/Unit 2014 200 $443,069 11 $197,473 961 $95,429 2015 95 $471,452 14 $233,533 27 $277,778 2016 75 $596,227 14 $213,890 2072 $159,783 2017 72 $476,216 52 $207,230 10 $320,000 2018 57 $443,851 66 $219,697 0 --- 2019 74 $542,709 24 $137,755 304 $188,011 2020 47 $620,963 2 $750,000 0 --- Total: 620 $513,498 183 $279,940 644 $208,200 1 Includes 72 units at Carlos Ortega Villas 2 Includes 175 assisted living units In addition to the permits listed above, 162 permits were issued for Accessory Dwelling Units (ADUs) between 2014 and 2020 (see “General Plan and Zoning Ordinance Constraints” for more information about ADUs). Age and Condition of Housing Stock The age of the City’s housing stock can be a key indicator of potential rehabilitation, repair, or demolition needs. The ACS estimated a total of 39,800 housing units in Palm Desert in 2018. Of these, 25,312 (63.6%) were built before 1990 and are, therefore, more than 30 years old, while 6,348 (15.9%) were less than 20 years old. Depending on construction quality and maintenance history, older homes may have issues including inadequate or unsafe mechanical systems and appliances, foundation or roof problems, inefficient windows, the presence of asbestos or lead, and lack of fire and earthquake safety features. However, older homes in the City are sought after, particularly those built during the mid-century period, and are more likely to be conserved than demolished. In addition, programs provided by multiple organizations, including CVAG’s Green for Life program, have allowed low-interest improvement loans for solar, insulation, lighting upgrades and other improvements that improve a home’s energy efficiency, thereby extending its useful life. Item 3A-47 TN/City of Palm Desert General Plan/Housing Element Housing Element III-25 During the previous planning period, the City referred an average of 7 residents per year to the SCE’s approved HVAC vendor for replacements of these systems for very low and low income households. HVAC units are critical to residents’ safety during Palm Desert’s hot summers. In addition, the case records of the Code Compliance division were reviewed for the 2014-2021 planning period. During that time, the City had no cases opened regarding major rehabilitation needs, and no citations issued for health and safety violations. The Home Improvement Program (HIP) assists very low, low and moderate income households with home repairs, including emergency repairs, depending on funding availability. The City will establish a program for the 2022-2029 planning period to explore the possibility of establishing a rehabilitation program and funding options (see Program 2.A). Table III-15 Age of Housing Units Year Built No. of Units % of Total 2014 or later 457 1.1% 2010-2013 755 1.9% 2000-2009 5,136 12.9% 1990-1999 8,140 20.5% 1980-1989 12,658 31.8% 1970-1979 8,121 20.4% 1960-1969 3,114 7.8% 1950-1959 1,137 2.9% 1940-1949 157 0.4% 1939 or earlier 125 0.3% Total 39,800 100% Source: American Community Survey 2014-2018 5-Year Estimates, Table DP04 Another measure of potentially substandard housing is the number of housing units lacking adequate kitchen and plumbing facilities. In Palm Desert, there are 198 units (0.8% of all units) lacking complete kitchens and 67 units (0.3% of all units) lacking plumbing facilities. More rental units have deficiencies than homeowner units. These homes could potentially benefit from repair and rehabilitation programs, such as the HIP program described above. As shown in Table III-46, Quantified Objectives, the City will use the HIP program to correct these deficiencies for the 67 units affected (see Program 2.A). Item 3A-48 TN/City of Palm Desert General Plan/Housing Element Housing Element III-26 Table III-16 Housing Units Lacking Facilities Tenure Lacking complete kitchen facilities Lacking plumbing facilities Total Units in City No. of Units % of Total No. of Units % of Total Owner-Occupied Units 18 0.1% 10 0.1% 14,842 Renter-Occupied Units 180 1.9% 57 0.6% 9,272 Total 198 0.8% 67 0.3% 24,114 Source: 2014-2018 American Community Survey 5-Year Estimates, Tables B25053 and B25049 To further evaluate housing conditions in Palm Desert, the Code Compliance Division queried its records on three separate occasions for residential property code violations, such as structural deficiencies, general deterioration, dilapidation, and faulty plumbing or electrical systems. As of February 2021, there were only 5 active cases of dwelling units with building code violations, all of which were associated with unpermitted construction activity. None of the cases cited structural deficiencies in need of replacement or rehabilitation. Therefore, the City is not aware of any units requiring substantial rehabilitation, other than those described above, and has included those 67 units shown in Table III-16 in its Quantified Objectives (also see Program 2.A). The Palm Desert Housing Authority offers a Housing Improvement Program (HIP) to assist homeowners and apartment complex owners with emergency home maintenance and repair costs (see Existing Affordable Housing Programs, below). Vacancy Status and Housing Tenure The vacancy rate is a measure of the general availability of housing. It also indicates how well the types of units available meet the current housing market demand. A low vacancy rate suggests that fewer housing units are available for those needing housing and can result in corresponding higher housing demand and housing values/costs; a high vacancy rate may indicate either excess housing supply or decreased property values. The 2018 ACS showed a total of 15,686 of the City’s total 39,800 housing units to be vacant, for an overall vacancy rate of 39.4%. Correcting for seasonal, recreational or occasional use units, which are considered vacant by the ACS but are not available or used for permanent occupancy, the vacancy rate decreased to 8.1% in 2018. Of the 24,114 (60.6%) occupied housing units in the City, about 37.3% are owner-occupied, and 23.3% are renter-occupied. The homeowner vacancy rate is 6.0%, and the rental vacancy rate is 10.7%, which may indicate some excess supply in the rental market. Item 3A-49 TN/City of Palm Desert General Plan/Housing Element Housing Element III-27 Table III-17 Vacancy Status – 2018 Unit Type No. of Units % of All Units Occupied Units: Owner-occupied 14,842 37.3% Renter-occupied 9,272 23.3% Total Occupied Units: 24,114 60.6% Vacant Units: For rent 1,123 2.8% Rented, not occupied 85 0.2% For sale only 959 2.4% Sold, not occupied 143 0.4% For seasonal, recreational, or occasional Use 12,443 31.3% For migrant workers 0 0.0% Other vacant 933 2.3% Total Vacant Units: 15,686 39.4% Total Units 39,800 100% Vacancy Rate: Homeowner vacancy rate - 6.0% Rental vacancy rate - 10.7% Source: American Community Survey 2014-2018 5-Year Estimates, Tables DP04 and B25004 Overcrowding The California Department of Housing and Community Development (HCD) establishes a standard of 1.01 persons per room as the criteria for defining “overcrowded” housing conditions. Overcrowding can indicate an imbalance between housing affordability and income and typically affects renters more than homeowners. Table III-18 shows that a total of 959 housing units in Palm Desert were overcrowded in 2018, representing 4.0% of the total occupied housing units in the City. Of all overcrowded units, 77.3% were renter-occupied units and 22.7% were owner- occupied units. Severely overcrowded units have more than 1.5 persons per room and are a subset of overcrowded units. They account for 1.7% of all occupied housing units in the City. About 43.5% of all overcrowded units in the City are severely overcrowded. Item 3A-50 TN/City of Palm Desert General Plan/Housing Element Housing Element III-28 Table III-18 Overcrowding, 2018 Persons/Room Owner- Occupied Units Renter- Occupied Units Total % of Total 1.00 or less 14,624 8,531 23,155 96.0% 1.01 to 1.50 127 415 542 2.2% 1.51 to 2.00 48 186 234 1.0% 2.01 or more 43 140 183 0.8% Total Overcrowded 218 741 959 4.0% % Overcrowded by Tenure 22.7% 77.3% - - Total Severely Overcrowded 91 326 417 1.7%* % Severely Overcrowded by Tenure 21.8% 78.2% - - Source: American Community Survey 2014-2018 5-Year Estimates, Table B25014 *Difference due to rounding. As shown, the number of overcrowded units in Palm Desert is relatively low. Units with 3 or more bedrooms help accommodate larger households. Affordable housing developments with 3 or 4 bedrooms include ownership units at Desert Rose, Habitat for Humanity and CVHC units and Falcon Crest; and rental units at Hovley Gardens and the Enclave. Other affordable housing options that can alleviate overcrowding are ADUs, JADUs, and guest houses, all of which are permitted by the Zoning Code. The City has seen a steady number of ADUs in the last planning period (see Table III-14, Residential Building Permits), and a program to track their progress in included to determine whether they will become an effective means of accommodating lower income household need. No ADU sites are included in the City’s Land Inventory for purposes of meeting the RHNA allocation for the 2022-2029 planning period. Housing Values The following table compares median housing values in Coachella Valley cities from 2013 to 2018. Palm Desert’s median housing value was $308,000 in 2013, which was lower than Rancho Mirage, Indian Wells, and La Quinta, but higher than the other cities. Its median value increased nearly 9% over the 5-year period, which was the lowest percent increase in the region (other than the decrease of Rancho Mirage median value). Its median housing value currently ranks in the middle of Coachella Valley cities. Item 3A-51 TN/City of Palm Desert General Plan/Housing Element Housing Element III-29 Table III-19 Regional Median Housing Value Trends, 2013 - 2018 Jurisdiction Median Value, owner-occupied units % Change 2013-2018 2013 2018 Desert Hot Springs $121,600 $174,900 43.8% Palm Springs $267,800 $367,900 37.4% Cathedral City $179,500 $259,900 44.8% Rancho Mirage $518,000 $499,900 -3.5% Palm Desert $308,000 $335,400 9.0% Indian Wells $604,600 $706,800 16.9% La Quinta $348,400 $386,200 10.8% Indio $192,600 $267,900 39.1% Coachella $137,600 $207,300 50.7% Source: American Community Survey 2009-2013 and 2014-2018 5-Year Estimates, Table B25077 The number of owner-occupied housing units, by value range, are listed in Table III-20. Most units (35.3%) are within the $300,000 to $499,999 range. Table III-20 Values, Specified Owner-Occupied Housing Units, 2018 Value Number Less than $50,000 704 $50,000 to 99,999 444 $100,000 to 149,999 509 $150,000 to 199,999 994 $200,000 to 299,999 3,687 $300,000 to 499,999 5,241 $500,000 to 999,999 2,651 $1,000,000 or more 612 Source: American Community Survey 2014-2018 5- Year Estimates, Table DP04 The median housing unit value in 2018 was estimated at $335,400. For renters, the median contract rent in 2018 was $1,260. Current housing values and rental rates are further discussed below in the section titled “Economic Constraints.” Item 3A-52 TN/City of Palm Desert General Plan/Housing Element Housing Element III-30 EXISTING AFFORDABLE HOUSING PROGRAMS There are a number of local, regional, state, and federal programs available in Palm Desert which provide a variety of housing services to the City’s residents. This section of the Housing Element provides a summary of programs available by a number of agencies. City Programs The Palm Desert Housing Division oversees the City’s affordable housing programs and the Palm Desert Housing Authority (PDHA). The PDHA owns affordable housing communities and provides rental and ownership assistance to City residents. Owners’ Assistance Program Owners of single-family homes, condominiums, mobile homes or apartments who rent to very low, low, and moderate income tenants to the extent funding is available, may receive direct rental payment assistance from the City. The owner must, in exchange for the assistance, enter into a recorded agreement with the City assuring affordability of the rental units for 55 years. Acquisition, Rehabilitation and Resale This program allows the City to purchase existing market rate single family units, rehabilitate and refurbish them, and re-sell them to lower income households with affordability covenants. Funding in past cycles has been through the former RDA that made 2 units available in 2000 and 2001, as well as the City’s Neighborhood Stabilization Program, where two units were acquired and rehabilitated in 2013. Since that time, lack of funding has prevented additional rehabilitation. The City will continue to explore funding options. Mortgage Credit Certificate Program The City has committed to participating in the Mortgage Credit Certificate Program, which is operated by Riverside County Economic Development Agency. The MCC Program allows qualified home buyers to reduce the amount of their federal income tax liability by an amount equal to a portion of the interest paid during the year on a home mortgage. The MCC is in effect for the life of the loan as long as the home remains the borrower’s principal residence. No certificate were issued for homes purchased during the 2014-2021 planning cycle. Source funds for this program come from the CDLAC agency, which established standards for this program and other provisions. Homebuyers Assistance Program The City and Palm Desert Housing Authority have provided assistance to very low, low, and moderate income persons in the form of low interest loans to be applied to down payment, non- recurring closing costs, reduction of the interest rate on the first trust deed, or any other cost associated with the purchase of a single-family home. There are currently 301 homes in this program. In exchange for the assistance, the home owner is required to enter into a recorded agreement with the City assuring affordability of the home for up to 45 years. Item 3A-53 TN/City of Palm Desert General Plan/Housing Element Housing Element III-31 Self-Help Housing The City assists very low, low and moderate income households in constructing and purchasing their own homes on existing lots within the City. In May 2020, the City awarded a DDA for 14 vacant lots to the Coachella Valley Housing Coalition for future development of single-family self-help homes along Merle Drive. It is expected that these self-help units will be for three very low income and eleven low income households, and that they will be built during the 2022-2029 planning cycle. Home Improvement Program The City assists very low, low and moderate income households with home repairs by providing grants and low interest loans to program participants from Community Development Block Grant (CBDG) funds. The program has eight (8) components, but only the Emergency Grant Component is currently funded. • The Emergency Grant Component allows up to $7,500 for very low and $5,000 for low income households for emergency health and safety repairs to their homes, such as roof repairs, water heater replacement, ADA improvements, etc.). Four (4) households received Emergency grants during the 2014-2021 planning period. • The Rehabilitation Grant Component will grant up to $20,000 for home improvements to very low income households. • The Matching Fund Grant Component will match up to $5,000 in home improvements with a homeowner who contributes the same amount or more to the improvements. This grant is available to very low and low income households. • The Rehabilitation Loan Component allows up to $35,000 for active loans and $45,000 for a deferred loan for home improvements to low and moderate income households, respectively. • The Drought Tolerant Landscape Retrofit Loan Component allows up to $7,500 in improvements that intend to reduce the consumption of a natural resource for very low, low and moderate income households. • The Make a Difference Volunteer Assistance Component organizes community involvement through volunteers for very low, low and moderate income households. • The Acquisition, Rehabilitation, Resale Component allows the City to acquire properties available on the market for the purpose of rehabilitation and resale to a qualified household. • The Lead and Asbestos Abatement Component will grant $7,500 to remove lead and asbestos from the homes of very low and low income households. County, State, and Federal Programs There are numerous programs available to provide rental assistance and to encourage the construction of new affordable housing. The following programs are available in the City of Palm Desert: Housing Choice Voucher (Section 8) Assistance The Riverside County Housing Authority administers the Housing Choice Voucher (HUD Section 8) rental assistance program to lower income renters within the City. During the 2014-2021 Item 3A-54 TN/City of Palm Desert General Plan/Housing Element Housing Element III-32 planning period, an average of 41 households per year that lived in Palm Desert Housing Authority properties received Section 8 housing assistance. Fair Housing Council of Riverside County The City works with the Fair Housing Council of Riverside County (FHCRC) to provide anti- discrimination services, landlord-tenant mediation, fair housing training and technical assistance, enforcement of housing rights, administrative hearings, home buyer workshops, lead-based paint programs, and other housing related services for City residents. CalHFA First Mortgage Loan Programs The California Housing Finance Agency (CalHFA) offers a variety of loan programs for low and moderate income first-time homebuyers who secure a CalHFA 30-year fixed mortgage. CalFHA Downpayment Assistance Program Moderate income households may receive a deferred loan of up to the lesser of 3.5% of the purchase price or appraised value of a home, to be applied to the down payment and/or the closing costs for the residence, with a cap of $10,000. HomeChoice Program This State program provides disabled low and moderate income households with a low-interest 30-year mortgage for a first-time homebuyer. California Low-Income Housing Tax Credit Program This competitive State program provides tax credits to private sector developers who provide affordable rental units within their projects. The units can consist of all or part of a project and must meet certain specified criteria. Units must be restricted for a period of at least 55 years. ASSESSMENT OF FAIR HOUSING AB 686 requires that all housing elements due on or after January 1, 2021, must contain an Assessment of Fair Housing (AFH) consistent with the core elements of the analysis required by the federal Affirmatively Furthering Fair Housing (AFFH) Final Rule of July 16, 2015. Under state law, AFFH means “taking meaningful actions, in addition to combatting discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics.” The City has completed the following: • Include a Program that Affirmatively Furthers Fair Housing and Promotes Housing Opportunities throughout the Community for Protected Classes (applies to housing elements beginning January 1, 2019). Item 3A-55 TN/City of Palm Desert General Plan/Housing Element Housing Element III-33 • Conduct an Assessment of Fair Housing, which includes a summary of fair housing issues, an analysis of available federal, state, and local data and local knowledge to identify fair housing issues, and an assessment of the contributing factors for the fair housing issues. • Prepare the Housing Element Land Inventory and Identification of Sites through the lens of Affirmatively Furthering Fair Housing. To comply with AB 686, the City has completed the following outreach and analysis. Outreach As discussed in the Public Participation section of this Housing Element, the City held three community workshops during the Housing Element Update process (see Appendix A for outreach materials). The City made concerted efforts to reach all segments of the population for input into the Housing Element update. The first workshop was held with the Palm Desert Housing Authority Housing Commission on January 6, 2021. The Commissioners indicated that senior units were needed at affordable rents, and that the upcoming planning period seemed to be well planned for, given the projects that were moving forward. On January 21, 2021, a second workshop was held after inviting a mix of affordable housing developers, public agencies, interested parties and individuals via email. The City also sent formal invitations to 21 organizations, including Habitat for Humanity, Community Housing Opportunities Corp., Lift to Rise, and the Coachella Valley Housing Coalition, and advertised on the City’s website and in the Desert Sun newspaper. The City provided accommodation for persons requiring hearing or visual assistance for the virtual workshop, although none was requested from participants. Seventeen (17) people attended and actively contributed with opinions and suggestions. Participants expressed strong support for the City’s density increase to 40 units per acre. Affordable housing developers, including CVHC and CHOC, indicated a strong desire to work with the City on projects, and clearly expressed their concerns regarding the funding of projects, which require too many funding sources in recent years. The City concurs with developers’ concerns about funding sources, and has included programs for projects in this Element where the City will leverage its land to help with private developers’ funding applications. However, the Legislature’s removal of housing set aside for affordable housing limits the City’s participation in projects during the planning period, and the City’s has shifted its focus in programs to work with private parties to construct the required units. The City also held two City Council study sessions on March 25 and September 9, 2021. The City Council listened to a staff-led presentation, and asked questions about various projects and sites on the City’s inventory. The focus of development in the University Park area for student and faculty housing for the future expansion of the universities in this area was considered a top priority. The City conducted extensive outreach during preparation of the 2017 Assessment of Fair Housing (AFH) in accordance with HUD’s AFFH Rule Guidebook. Meaningful input from the community participation process include the Inland Regional Center’s statement that their clients will require HUD based affordable housing options due to the low amount of monthly income they receive, Item 3A-56 TN/City of Palm Desert General Plan/Housing Element Housing Element III-34 and Coachella Valley Housing Coalition (CVHC)’s comment that tax credits applications for developments located in the high opportunity neighborhoods will be more competitive in the future. These comments are incorporated in the programs and actions in the 2017 AFH and this Housing Element Update to increase affordable housing supply in high opportunity areas and specifically housing for disabled persons. Assessment of Fair Housing California Government Code Section 65583 (10)(A)(ii) requires the City of Palm Desert to analyze areas of segregation, racially or ethnically concentrated areas of poverty, disparities in access to opportunity, and disproportionate housing needs, including displacement risk. The 2021 California Department of Housing and Community Development (HCD) and the California Tax Credit Allocation Committee (TCAC) Opportunity Areas are rated by a composite score of resource levels in the following aspects: access to effective educational opportunities for both children and adults, low concentration of poverty, low levels of environmental pollutants, and high levels of employment and close proximity to jobs, among others. High and highest resource areas are those with high index scores for a variety of educational, environmental, and economic indicators. These indicators include access to effective educational opportunities for both children and adults, low levels of environmental pollutants, high levels of employment and close proximity to jobs, and low concentration of poverty, among others. Item 3A-57 TN/City of Palm Desert General Plan/Housing Element Housing Element III-35 According to Figure 1, TCAC Opportunity Areas, the majority of the City is considered “Highest Resource” and the area just north of Highway 111 and three blocks north of Country Club Drive are considered “High Resource.” TCAC and HCD did not designate any portion of the City of Palm Desert as a “Low Resource” area which typically have the most limited access to all resources. Areas of high segregation and poverty are those that have an overrepresentation of people of color compared to the County, and at least 30% of the population in these areas is below the federal poverty line ($26,500 annually for a family of four in 2021). There is no “High Segregation and Poverty” area in or near the City of Palm Desert (Figure 1). The City prepared an Assessment of Fair Housing (AFH) in 2017 in association with its receipt of federal Community Development Block Grant (CDBG) funds. The AFH was based on data analysis, community participation, and input from public health, social service, and housing organizations. The AFH included analysis to identify trends and patterns over time and also compare the City to the regional level (including Riverside and San Bernardino Counties). The AFH identified no racially or ethnically concentrated areas of poverty (R/ECAPs) in Palm Desert since 1990. In the region, TCAC and HCD identified R/ECAPs in the cities of Cathedral City, Desert Hot Springs, Indio and Coachella as well as the unincorporated areas of Riverside County. The 2017 AFH also found R/ECAPs in the cities of Victorville, San Bernardino, Riverside, Moreno Valley as well as the unincorporated areas of San Bernardino County. Integration and Segregation Patterns To assess patterns of segregation and integration, the City analyzed four characteristics: race and ethnicity, disability, income, and familial status. Figure 1 Item 3A-58 TN/City of Palm Desert General Plan/Housing Element Housing Element III-36 Race and Ethnicity The diversity index was used to compare the racial and ethnic diversity within the City and surrounding communities. Diversity Index scores range from 0 to 100, where higher scores indicate higher diversity among the measured groups. As shown in Figure 2, Diversity Index, there is a mosaic of diversity index scores in the City, with higher diversity in the middle and eastern portions of the City, and lower diversity in the northern and southern portions. The area immediately east of the City in the census designated place of Bermuda Dunes has a higher diversity index score than anywhere within City limits. According to the 2015–2019 American Community Survey, over half (66%) of Palm Desert residents identify as white, non-Hispanic, and 23.5% of the population are of Hispanic or Latino origin. In Bermuda Dunes, there is a slightly higher percentage (33.8%) of population that are of Hispanic or Latino origin, and a slightly lower percentage (58.5%) of white, non-Hispanic residents. In contrast, Thousand Palms, a census designated place immediately north of Palm Desert, has over half (51.3%) of its population of Hispanic or Latino origin and 46.7% white, non-Hispanic residents. While there are not any racially or ethnically concentrated areas of poverty in or near Palm Desert, there is potential for a diversity level gap to develop between the City and surrounding communities. Palm Desert sees a similar pattern of predominant population – white majority tracts – as the cities of Rancho Mirage and Indian Wells to the west and east of, respectively. The highest diversity index score in the surrounding communities is found in Bermuda Dunes (81.6), while areas with diversity index scores higher than 85 in the region are seen in the cities of Indio, Palm Springs, Desert Hot Springs, and Coachella as well as unincorporated Riverside County in the western and eastern Coachella Valley. Figure 2 Item 3A-59 TN/City of Palm Desert General Plan/Housing Element Housing Element III-37 Desert Willow Golf Resort, located on the north side of the City, has a median income greater than $125,000 (Figure 3). The resort also falls in Census Tract 449.19, which is identified to have 84.8% of white, non- Hispanic or Latino population. While HCD has not released an adjusted methodology for Racially Concentrated Areas of Affluence (RCAA) for California as of August 2021, the national criteria defined RCAA as census tracts where 1) 80% or more of the population is white, and 2) the median household income is $125,000 or greater. Therefore, the Desert Willow Golf Resort may have the potential to qualify as an RCAA. According to the 2017 AFH, the City has a low segregation level for each racial/ethnic group, compared to a moderate level of segregation for the bi-county (Riverside and San Bernardino) region. While there was an increase in the City’s segregation level since 1990, it has remained in the low level category and the City became more balanced between 2000 and 2010. The City has established Programs 1.A through 1.C to plan and implement affordable housing developments in highest and high resource areas. These programs can further promote a racially and ethnically integrated community. Disability In 2014, the percentage of the population with a disability was highest (25.2%) in the three blocks north of Country Club Drive, which comprise of Palm Desert Greens Country Club, Desert Willow Golf Resort, Desert Falls Country Club and Avondale Country Club. Areas north and south of these country clubs had the lowest percentages of population with a disability (below 9%). According to the 2015–2019 ACS, the areas with low percentages of population with a disability (under 10%) have shifted/expanded to some extent, although two blocks in the northeastern City corner have an increased percentage (20.4%) since 2014 (13.3%), which comprise of Indian Ridge Figure 3 Item 3A-60 TN/City of Palm Desert General Plan/Housing Element Housing Element III-38 Country Club, Palm Desert Resort and Country Club, and Woodhaven Country Club. These percentage and geographic distribution changes are limited, in that no tract has had higher than 30% population with a disability. The City has a no-fee application process for reasonable accommodation, and assisted more than double the disabled residents between 2014 and 2020 (from 91 to 188 residents) in Housing Authority owned properties. The City does not impose any restrictions or barriers to the organic changes/movements in the community and will continue to approve and assist housing developments for disabled residents (Program 5.B). Income The City also assessed the concentrations of households below the poverty line across the City to analyze access to adequate housing and jobs. As shown in Figures 3 and 4, there is a higher percentage of residents who fall below the poverty line ($26,500 for a family of four in 2021) in the central portions of the City, than to the south and north. Generally, the central City has seen an increase in percentage of residents below the poverty line from 2014 to 2019. Certain areas south of Highway 111 and Chaparral Country Club along the western City boundary have seen lower percentages of residents below the poverty line from 2014 to 2019. As shown in Table III-17, Vacancy Status – 2018, the City of Palm Desert has a vacancy rate of 10.7% for rental units and 6% for ownership units, which may indicate some excess supply in the rental market. Familial Status The City of Palm Desert has areas with higher percentages (40%-60%) of children in single female-headed households along the western and eastern City boundaries. Most of these areas have median income below the HCD 2020 State Median Income ($87,100), and along the western City boundary also overlap with a higher percentage (21.8%) of population below poverty level Figure 4 Item 3A-61 TN/City of Palm Desert General Plan/Housing Element Housing Element III-39 compared to other areas in the City. The City has higher concentrations (60%-80%) of households with children in the southern and eastern portions of the City, similar to the geographical extent in the City of Rancho Mirage on the west but fewer than the cities of Indian Wells and La Quinta on the east. One such area near the southeastern City boundary has median income below the 2020 State Median Income. The City has a majority of two- to three-bedroom units (75.2%) according to the 2015-2019 ACS, which should be able to serve the needs of single-parent and family households with children. Additional Local Knowledge and Data As is the case for the entire Coachella Valley, there has not been policy-based segregation such as redlining in Palm Desert. The region is not metropolitan, has a relatively short urban development history (mostly post World War II), and does not have a large African American population (e.g. 2.5% of total City population in 2018) or cultural presence. This coincides with the lack of any apparent segregation patterns. The City’s 2017 AFH identified a low segregation level for each racial/ethnic group, including Non-White/White, Black/White, Hispanic/White, Asian or Pacific Islander/White. According to the Neighborhood Segregation Map by UC Berkeley (2019), much of the City are Latinx-White neighborhoods, while certain portions of the northern and southern City are mostly White and one area in the central City is a Asian-Latinx-White neighborhood. This is consistent with the racial makeup of the City, with White being the majority group (82.5%), the largest minority group being Asian (5.1%), and Hispanic/Latino of any race taking up 25.5%. The neighborhood distribution is generally shaped throughout the City history and economic development, and has not been affected by public policy in contrast to metropolitan areas. The mostly White neighborhoods are almost all country clubs, golf/tennis clubs and resort land uses, and the Asian-Latinx-White neighborhood in the central City is most likely associated with student population of the College of the Desert. Coachella Valley, including Palm Desert, is the ancestral homeland of Cahuilla Indians, who have lived in the area for millennia. After the arrival of Europeans in the 19th century, Palm Desert had only ranches, date palm orchards, and farmland in the 1920s. Land acquisition and development mainly occurred after WWII, with the first golf course and tennis club established in 1952. Country clubs and resort uses soon bloomed, with as many as 30 golf clubs in the City. The City, only incorporated in 1973, is a now a popular retreat for seasonal residents and has also attracted more permanent residents from more expensive and populated areas. Therefore, as noted throughout this assessment of fair housing and Housing Element, the City’s current development pattern consists of primarily private country clubs, resort, and planned residential development. Given the development history, land availability would limit the distribution and development of various housing projects, including affordable housing. However, the City has managed to locate/acquire existing affordable housing projects including rental and ownership units in the highest and high opportunity areas such as the Highway 111 corridor and the northern City. With the advantage that the entire City is rated Highest/High Resource, the City strives to distribute new affordable housing sites throughout the City despite the land availability constraint, as discussed in the Sites Inventory section below. Item 3A-62 TN/City of Palm Desert General Plan/Housing Element Housing Element III-40 Assessment and Actions Given the factors considered above, there is no evidence of segregation based on disability in the City, but there may be segregation based on income and potentially familial status (single female- headed households with children) and opportunity to improve integration within Palm Desert and also across surrounding communities. As shown in Figures 3 and 4, Palm Desert has a relatively low concentration of lower income households in the Coachella Valley. The cities of Cathedral City, Palm Springs and Desert Hot Springs to the west, the cities of Indio and Coachella as well as unincorporated areas in both western and eastern valley have areas with higher rates of households living below the poverty line. While incomes in certain areas of the City are lower, the entire City is not considered disadvantaged economically because the median income is above 80% of the statewide average ($59,977 in Palm Desert; $75,235 in California, 2015-2019 ACS). While existing affordable housing units are located throughout the City including the lower income areas, there may be potential demand for more affordable housing, especially along the Highway 111 corridor. Expanded housing options at a diversity of price-points can help encourage a more economically diverse community. However, as shown in Figure 5, Jobs Proximity Index, the City is rated with the closest proximity to employment opportunities (>80 rating), except for small portions on the southern and eastern boundary (60-80 rating). Because all lower income areas are rated “High Resource” or “Highest Resource” (Figure 1 TCAC Opportunity Areas) and with close proximity to employment opportunities (>60 rating), this suggests that access to opportunities should not be the driving factor behind the concentration of lower income households, but likely the type of jobs and housing available. Figure 5 Item 3A-63 TN/City of Palm Desert General Plan/Housing Element Housing Element III-41 The City is aware that the COVID-19 pandemic can disproportionally impact potentially disadvantaged residents, households and small businesses. The City of Palm Desert ran an Emergency Rental Assistance Program to assist market-rate rental properties impacted by the pandemic. Qualified households must meet certain requirements, including having experienced a loss of income directly related to the pandemic and earning less than 80% of the area median income. The program provides financial assistance in the form of rental arrears to rental properties for delinquent payments for April 2020 and/or beyond. Eligible rental properties include multi- family homes (2 units or more), single-family homes (attached or detached) and accessory dwelling units. The City estimates serving up to 60 qualified households with assistance up to $5,000 per rental unit, and intends the program as an economic recovery tool for rental property owners and a safety net for low- and moderate-income households. The City of Palm Desert in conjunction with Coachella Valley Economic Partnership and the California Governor's Office of Emergency Services offers no-cost Personal Protective Equipment (e.g. face masks, face shields and hand sanitizer) to Palm Desert businesses. This program helps alleviate overhead costs for small businesses and ensure compliance with state guidelines for the safety of all. Access to Opportunity The TCAC Opportunity Areas (2021) designated for Palm Desert were reviewed by City staff. For the Composite Score shown in Figure 1, the majority of the City is rated “Highest Resource”, and an area just north of Highway 111, along with five country clubs in the northern City are rated “High Resource”. The individual scores for the economic, education and environmental domains were reviewed to identify any disparities in access to opportunity. Most of the “High Resource” areas are rated with a lower economic domain score (0.25-0.50), which indicates relatively less positive economic outcome. It is unclear why the area north of Highway 111 scores lower in the economic domain, as it contains the Westfield Shopping Mall and College of the Desert, which hosts regular farmer’s markets and other activities. The majority of the City scores in the highest range for the education domain (>0.75), which indicates more positive education outcomes. The remaining areas score slightly lower (0.50-0.75), which includes a primarily commercial area in the northwestern corner of Highway 111 corridor and the five country clubs that are rated “High Resource”, as well as a portion of Bighorn Golf Club and Ironwood Country Club on the southern City boundary. The entire City scores in the highest range for the environmental domain (0.75-1), which indicates more positive environmental outcomes. There is no transportation score on the HCD data portal. However, all the “High Resource” areas score in the highest range of Jobs Proximity Index (>80), which indicates closest proximity (Figure 5). The area north of Highway 111 is well served with multiple bus routes (Routes 1, 1X, 4, 5, 6) provided by SunLine Transit Agency. The five country clubs north of Country Club Drive have access to transit service, with bus stops in the area served by SunLine Routes 4 & 5. SunLine also provides the SunDial paratransit service, which is available within ¾ of a mile on either side of a bus route for people who are functionally unable to use the fixed-route service either permanently or under certain conditions. The SunDial service covers the majority of the five country clubs and serves people with limited mobility. Item 3A-64 TN/City of Palm Desert General Plan/Housing Element Housing Element III-42 In summary, the City scores in mid-range and above for all individual and composite scores, except for the idiosyncrasy in economic domain score. There is no significant or obvious pattern of disparity in access to opportunity for City residents, including people with protected characteristics. This finding is consistent with the City’s 2017 AFH, which contains an analysis of access to opportunity involving education, employment, transportation, poverty and environmental health, and found no significant disparities in terms of race/ethnicity or between different neighborhoods/census tracts. The 2017 AFH also determined that Palm Desert residents generally enjoy better access to opportunity compared to the regional level, including more proficient schools, a low poverty rate, higher proximity to jobs, higher labor force participation, better transit access and lower transportation costs, and better environmental health. Currently, affordable housing in Palm Desert is located in seven of the 18 census tracts that occur in the City. While there may be small clusters of affordable housing developments, it is important to note that the City is comprised of many country clubs with defined boundaries, which leave limited options for new housing developments. The City and its Housing Authority have managed to disperse affordable units throughout the City so that overall, they are not concentrated geographically. The residents of affordable housing units share the same access to opportunity as the occupants of market rate housing units. Affordable housing projects include Housing Authority owned family and senior apartments, Housing Authority owned or assisted ownership projects, privately developed and assisted ownership projects, and privately developed rental properties. There are a variety of affordable housing units in the central Highway 111 corridor south of Fred Waring Drive, including family apartments for very low to moderate income tenants such as Neighbors Garden Apartments (24 two-bedroom units), Laguna Palms (48 studio, one-bedroom, and two-bedroom units), Palm Village Apartments (36 two-bedroom units), Santa Rosa Apartments (20 two-bedroom units), Taos Palms (16 two-bedroom units), Carel Trust (1 two- bedroom apartment), and Candlewood Apartments (30 one- and two-bedroom units). There are also senior apartments for very low to moderate income tenants, including The Pueblos (15 one- bedroom units), Catalina Gardens (72 studio and one-bedroom units), River Run One (2 studio apartments), Legend Gardens (assisted living facility with 10 one-bedroom units), and Atria Palm Desert (assisted living facility with 5 one-bedroom units). Residents enjoy walking access to the various retail, restaurants, grocery and personal services in the Highway 111 corridor and El Paseo commercial district. Within a half-mile distance, Abraham Lincoln Elementary School and Palm Desert Charter Middle School are located to the northeast, George Washington Charter School to the southeast, and Mirus Secondary School to the west. College of the Desert, the Palm Desert Branch Library, Civic Center Park and Palm Desert Aquatic Center are also located conveniently to the northwest within walking distance. Additional affordable family apartments for very low to moderate income ranges are located west of the College of the Desert near the Highway 111 corridor, including One Quail Place (384 one- and two-bedroom units) and Desert Pointe (64 studio, one-bedroom, and two-bedroom units). The Portola Palms Mobile Home Park is located nearby, in between City parks and public schools, and includes 23 mobile homes for very low and low income ranges. Item 3A-65 TN/City of Palm Desert General Plan/Housing Element Housing Element III-43 In the central part of City, there are several affordable family housing projects for very low to moderate income households: Hovley Gardens Apartments (162 two- to four-bedroom rental units), Falcon Crest (93 three and four-bedroom single-family homes), and La Rocca Villas (27 one-bedroom apartments). There are also 11 self-help homes restricted to lower income households. This area includes James Earl Carter Elementary School, the City of Palm Desert Hovley Soccer Park, medical offices, restaurants, and a range of service commercial stores. The Palm Desert High School is located within a mile to the south. SunLine Bus Route 5 serves the area with stops nearby on Cook Street. To the east of Palm Desert High School is Desert Rose, a single-family project with 161 three and four-bedroom units restricted to purchasers in the very low, low, and moderate-income categories. Facilities within the project include community recreation and daycare. Desert Rose residents have relatively close access to amenities and services in the Highway 111 corridor to the south. On the east side of the City, California Villas, located in the Palm Desert Country Club community, provides 141 one-bedroom units to very low to moderate income households. In the same neighborhood there is Villas on the Green, which consists of 76 studio, one, and two-bedroom units for persons over 55 years of age. Another senior housing project, Carlos Ortega Villas (72 one- and two-bedroom units) is located further east immediately south of a neighborhood commercial plaza. Both of these senior apartments are available for the very low to moderate income categories. Joe Mann Park is located just west of Carlos Ortega Villas, and Gerald R. Ford Elementary School is within walking distance to the south of California Villas. SunLine Bus Routes 6 & 7 serve the area with stops on Fred Waring Drive and Washington Street. Several other affordable housing projects are scattered on the north side of the City, including a senior apartment, Las Serenas Apartments (150 one- and two-bedroom units), and two family properties, The Vineyards (52 one and two-bedroom reserved units) and The Enclave (64 one, two, and three bedroom units). All three projects are available to very low, low and moderate income categories. Depending on location, these projects may not have access to bus service in the immediate area, but are within a one-mile radius of neighborhood-serving commercial developments including grocery shopping and restaurants. None of the currently affordable housing apartments in the City are at risk of losing affordability restrictions during or within 10 years of the planning period. There are 67 restricted ownership units built or rehabilitated by private parties that are at risk of converting to market rate housing. These include individually owned single-family homes and mobile homes throughout the City. The City is committed to extending covenants as described in Program 3.C. In addition to planned and pending affordable housing projects described in the Land Inventory (Tables III-47 & III-48) of this Housing Element, the City will establish a pilot program to encourage development of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) as described in Program 1.G, in an effort to expand housing choices in the highest resource areas. Disproportionate Housing Need and Displacement Risk The AFFH Guidance for All Public Entities and for Housing Elements (April 2021 Update) defines ‘disproportionate housing needs’ as ‘a condition in which there are significant disparities in the Item 3A-66 TN/City of Palm Desert General Plan/Housing Element Housing Element III-44 proportion of members of a protected class experiencing a category of housing need when compared to the proportion of members of any other relevant groups, or the total population experiencing that category of housing need in the applicable geographic area.’ Disproportionate housing needs range from overcrowding and overpayment to housing conditions disproportionately affecting protected classes, including displacement risk. Overcrowding As discussed under Existing Housing Stock (Table III-18), overcrowding is not a significant issue in the City of Palm Desert. As of the 2014-2018 ACS, only 4.0% of households in the City are considered overcrowded, with a higher percentage of renter households (8.0%, or 741 households) experiencing overcrowding. Among owners, 1.5% of households (218 households) experience overcrowding. The overall overcrowding rate (4.0% in 2018) in Palm Desert has remained constant compared to 2014; specifically, overcrowding has improved slightly for owners but worsened for renters. Compared to an overcrowding rate of 6.9% in the Riverside County (2018), overcrowding in Palm Desert is less significant. Both the renter overcrowding rate (8.0%) and owner overcrowding rate (1.5%) are lower than that of the County (11.8% and 4.3%, respectively). The slightly more severe overcrowding situation for renters in Palm Desert may result from insufficient supply of housing units or choice of lower income households to limit spending on housing. The City has entitled two projects with up to 99 affordable rental units that will be deed restricted and is actively facilitating at least three projects pending entitlements with 130 affordable rental units. Item 3A-67 TN/City of Palm Desert General Plan/Housing Element Housing Element III-45 Overpayment A comparison to cost burden and severe cost burden based on 2010-2014 data in the AFH to 2013- 2017 data (Table III-43) shows that the percentage of cost burdened households dropped significantly for both renters and owners. However, nearly half (48.2%) of renters experience overpayment. The median rent ($1,260, Table III-44) in Palm Desert would result in a 4-person households with very low income ($37,650, Table III- 42) to overpay. As the 2013- 2017 CHAS shows in Table III-43, 72.7% of all lower- income households in Palm Desert pay at least 30% of their income toward housing costs; among them, 67.8% of lower-income owner households are overpaying and 77.0% lower-income renter households are overpaying. However, as shown in Figure 6, overpayment by renters in 2019 was not a unique situation in Palm Desert, rather it is a chronic issue to be addressed both locally and regionally. Regionally, overpayment among renters tends to be higher in the western and eastern Coachella Valley, including the cities of Desert Hot Springs and Coachella and unincorporated areas of Riverside County. The City is in a generally similar but slightly better situation compared to the region. For example, a much lower percentage (9.18%) of the City’s family households with fewer than five persons experience severe housing cost burden compared to the Region’s (18.78%), and no Native American households in the City had severe housing cost burdens while 19.53% of the Region’s households did. The City of Palm Desert sees a similar extent of renter overpayment to the cities of Rancho Mirage, Cathedral City, Palm Springs and Indio, but more overpayment than the cities of Indian Wells and La Quinta. In the Coachella Valley, overpayment among owners is less Figure 6 Item 3A-68 TN/City of Palm Desert General Plan/Housing Element Housing Element III-46 prevalent compared to renters. Most of the valley saw fewer than 60% of owners experience overpayment in 2019, including the entire City of Palm Desert. Certain portions of the City have fewer than 40% of owners overpaying for housing. Overpayment increases the risk of displacement for residents who can no longer afford their housing costs. The City has included all the programs under Goals 1 & 2 to carry out planned affordable housing projects and preserve and maintain existing affordable units. The City also aims to ensure adequate Section 8 housing assistance through outreach to the County Housing Authority. Substandard Housing Conditions Over half (63.6%) of the housing stock in Palm Desert is older than 30 years, with approximately 11.4% over 50 years old. Older houses often require some type of repair or rehabilitation, and the cost of such repairs can be prohibitive, which makes the owner or renter live in unhealthy, substandard housing conditions or get displaced if the house is designated as uninhabitable and the owner does not complete repairs. However, older homes, particularly those built during the mid- century period in the City are sought after, and are more likely to be conserved. The City refers lower income households to SCE’s HVAC replacement program, averaging about 7 referrals annually when replacement of HCAC units is required. The City also runs a Home Improvement Program (HIP) to assist lower-income households with home repairs depending on funding availability. While only the Emergency Grant Component is currently funded, the City will consider CDBG funds to allow more participants in the HIP, especially for the units identified as lacking adequate kitchen and plumbing facilities (Program 2.A). The City will continue to provide program materials in languages other than English, as needed (see Program 11.A). Figure 7 Item 3A-69 TN/City of Palm Desert General Plan/Housing Element Housing Element III-47 Homelessness According to the 2019 Homeless Point-In-Time (PIT) Count for Riverside County, there were 23 unsheltered homeless individuals in Palm Desert (see Table III-31). The City participates in CVAG’s Homelessness Initiative and the previous Homelessness Strategic Plan, and contributes over $100,000 annually to the Coachella Valley Association of Governments (CVAG) for regional homelessness services. The City permits homeless shelters in the Service Industrial (SI) zone and transitional and supportive housing in all residential zones. Program 5.D commits the City to bring its Zoning Ordinance in compliance with AB 101 for Low Barrier Navigation Center requirements on homeless shelters, and AB 139 for parking requirements at homeless shelters. Mortgage Loan Indicators Data related to home loan applications is made available annually through the Consumer Financial Protection Bureau, through the Home Mortgage Disclosure Act (HMDA). The data is organized by census tracts rather than local jurisdictions, and thus the following analysis is based on census tracts located entirely within the City of Palm Desert (451.14, 451.15, 451.16, 451.19, 449.29, 449.30, 449.19, 449.22, 449.27, 445.20, 514). Among first mortgage loan applications originated in Palm Desert in 2020, 76.4% were made to white applicants. For 16.3% of loans issued, race data was not available. Among first mortgage loan applications originated in Palm Desert in 2020, Asian (101, 3.2%), Black or African American (50, 1.6%), American Indian or Alaska Native (11, 0.3%) and Native Hawaiian or Other Pacific Islander (3, 0.1%) homebuyers received a small percentage of total mortgage loans. These percentages are lower than the corresponding race distribution of Palm Desert for white, Asian, and Black or African American groups. Considering the 16.3% of loans with unavailable data on race and geographical area covered in the analysis, the pattern is consistent with the City-wide race distribution. HMDA data combines data on Hispanic or Latino identity within other race categories; approximately 5.6% (180) of 3,199 loan applications that were originated went to borrowers identifying as Hispanic or Latino. The majority (447, 74.4%) of the 601 first mortgage loan applications that were denied were denied to white applicants (including 32 borrowers that also identified as Hispanic or Latino). Twenty (3.3%) applications were denied to Asian borrowers, nine (1.5%) were denied to borrowers identified as Black or African American, and two (0.3%) were denied to borrowers identified as American Indian or Alaska Native. The racial distribution in denied applications are proportional to that in originated loan applications and is considered consistent with the City-wide race distribution. In 2019, the origination rate to white applicants was marginally higher than in 2020, with 77.9% of the 1,783 first mortgage loans originated for home purchases going to white residents. Black (1.1%, or 19 loans) and Asian (3.4%, or 60 loans) residents had about the same share of loans originated in 2019 as compared to 2020. The origination rates for American Indian or Alaska Native (0.3%, or 5 loans) and Native Hawaiian or Other Pacific Islander (0.1%, or 2 loans) groups in 2019 were the same as in 2020. Race data was not available for 15.1% of first mortgage loans originated. Of the 402 first mortgage loans that were denied in 2019, 72.6% were denied to white applicants (292 loans, including 24 borrowers that also identified as Hispanic or Latino). Eight applications were denied to Asian borrowers, four each were denied to borrowers identified as Black or African American and Native Hawaiian or Other Pacific Islander, and two were denied to American Indian or Alaska Native borrowers. Approximately 6.1% of loans originated and 8.5% of loans denied were for applicants who identify as Hispanic or Latino, though these loans are also Item 3A-70 TN/City of Palm Desert General Plan/Housing Element Housing Element III-48 counted within other race categories. As described in Programs 4.A and 11.A, the City will strive to ensure equal access to lending programs for people in all segments of the population and prevent any discriminatory practices based on race, color, national origin, religion, sex, age, or disability. Displacement Risk The Urban Displacement Project (UDP) is a research and action initiative of the University of California Berkeley and the University of Toronto. UDP conducts community-centered, data- driven, applied research toward more equitable and inclusive futures for cities, and contributed the Sensitive Communities map to HCD’s AFFH Data Viewer. Communities are designated sensitive if “they currently have populations vulnerable to displacement in the event of increased redevelopment and drastic shifts in housing cost.” The following characteristics define vulnerability: • Share of very low-income residents is above 20%; and • The tract meets two of the following criteria: o Share of renters is above 40%, o Share of people of color is above 50%, o Share of very low- income households (50% AMI or below) that are severely rent burdened households is above the county median, o They or areas in close proximity have been experiencing displacement pressures (percent change in rent above County median for rent increases), or o Difference between tract median rent and median rent for surrounding tracts above median for all tracts in county (rent gap). The Sensitive Communities – Urban Displacement Project map (Figure 8) identified four census tracts in the City that are considered vulnerable to urban displacement. These tracts are located along Highway 111 and in the central City, and mostly overlap with areas that have lower than Figure 8 Item 3A-71 TN/City of Palm Desert General Plan/Housing Element Housing Element III-49 state median income (Figure 3), more diverse populations (Figure 2), and at least 40% of renters experiencing overpayment (Figure 6). These areas are primarily built out with minimal land available to support new affordable housing development. None of the currently affordable housing apartments in these areas are at risk of losing affordability restrictions within 10 years of the 2021-2029 planning period, and the City is committed to maintaining long term affordability of these units (Program 3.D). Sites T, LL, PP, QQ, and DD/10 in the Vacant Land Inventory are located within these areas, which will offer up to 452 affordable units, most of which are already entitled. These upcoming developments will help alleviate displacement risks for lower income households in the tracts identified as vulnerable. Enforcement and Outreach Capacity The City complies with fair housing laws and regulation and enforces fair housing through periodical review of City policies and code for compliance with State law and investigation of fair housing complaints. In 2017, the City prepared an Assessment of Fair Housing (AFH) in association with its receipt of federal Community Development Block Grant (CDBG) funds. The City is set to meet housing element deadlines through efforts from both staff and consultants, and also update zoning laws and policies to ensure compliance with fair housing law upon adoption of the Housing Element update. The City has included an action in Program 9.A to update its Zoning Ordinance for density bonus requirements set forth in AB 2345. Program 8.A requires the City to maintain the Housing Overlay District and ADU standards in the Zoning Ordinance, and Program 1.G will create a pilot program to encourage accessory dwelling units dedicated as affordable units. Within a year of the Housing Element adoption, the City will ensure that the Zoning Code and land use policies comply with state laws and policies to allow a variety of housing types to serve all needs, encourage patterns of integration, and provide accommodations for protected classes. In addition to zoning and development standards, fair housing issues can also arise from rental, lending and purchase of housing including discriminatory behaviors by landlords, lenders, and real estate agents. Typical issues include refusal to grant reasonable accommodation requests or allow service animals, selective showing of property listings based on familial status, sex, religion, or other protected class, and more. The City complies with fair housing law on investigating such complaints by referring interested and concerned parties to Fair Housing Council of Riverside County (FHCRC). FHCRC is a non-profit organization approved by HUD that fights to protect the housing rights of all individuals and works with government offices to ensure fair housing laws are upheld. FHCRC services include anti-discrimination outreach and investigation, mediation of landlord-tenant disputes, credit counseling and pre-purchase consulting, first-time homebuyer workshops, and foreclosure prevention/loan modification services. Between Fiscal Years 2007/08 and 2015/16, a total of 152 housing discrimination complaints were filed by Palm Desert residents at the Fair Housing Council of Riverside County (FHCRC). The majority (59.9%) were on the basis of disability, followed by 14.5% on the basis of race and 6.6% on the basis of familial status (other categories each represented 5.3% or less of the total). Item 3A-72 TN/City of Palm Desert General Plan/Housing Element Housing Element III-50 FHCRC provided counseling related to lending discrimination for the City’s 2017 AFH. The AFH found that the census tracts with the highest loan denial rates (449.19 and 451.24) had low percentages of minority populations (10.7%). FHCRC’s comprehensive audit on rental, sales and lending in 2013 did not have specific findings to Palm Desert, but did indicate that discrimination occurred on the basis of race and national origin during the loan application process and sale and rental housing in Riverside County. HUD’s Region IX Office of Fair Housing and Equal Opportunity (FHEO) provided case records for Palm Desert in July 2021. Fifteen fair housing cases were filed with their office during the previous planning period, with seven based on disability, four based on familiar status, three on retaliation, two on religion and one each based on race/sex/national origin. Note that three of the cases were filed on multiple bases. Six of these cases were closed due to no cause determination, and one case remains open. Seven cases were closed with successful conciliation/settlement for issues such as refusal to rent, discriminatory advertising/acts/terms and conditions, or failure to make reasonable accommodation. All but two of these cases were handled through the Fair Housing Assistance Program (FHAP), in which HUD funds state and local agencies that administer fair housing laws that HUD has determined to be substantially equivalent to the Fair Housing Act. The California Department of Fair Employment and Housing (DFEH) is the only certified agency for FHAP in California. Because state law has more protected classes than federal law, DFEH may have additional case records. A request was made in July to DFEH, and they provided data on closed cases on September 10, 2021. During the 2014-2021 planning period, DFEH had nine closed cases in Palm Desert. Three of these were dismissed after investigation most likely due to insufficient evidence, and another three were closed due to no cause determination. Of the remaining cases, two were filed based on disability, with one harm being reported as denied reasonable accommodation and rental/lease/sale. These two cases were closed after settlement by mediation or successful conciliation/settlement. The other case was filed on the basis of familial status (children), with the harm being denied rental/lease/sale, and was settled voluntarily by the Dispute Resolution Division (DFEH staff). FHCRC and DFEH did not provide additional location details for cases either because they do not track the geographic origin of complaints or due to confidentiality concerns. The case records reported above by local and regional service providers identify the most frequently filed case basis in Palm Desert to be disability. This is consistent with the finding in Riverside County’s Analysis of Impediments to Fair Housing Choice 2019-2024 (2019 AI). The 2019 AI determined that discrimination against persons with disabilities is a standing impediment to fair housing choice. Although the County addressed the issue through education and outreach to housing providers through workshops, audits, information and referrals, nearly 63 percent of all fair housing complaints received by FHCRC during 2013-2018 in the County were on the basis of disability. Among other prior impediments assessed in the 2019 AI, lack of available housing and affordable housing are found to be market conditions rather than a discriminatory practice or impediment to fair housing. This finding concurs with the City’s development history and land use pattern, which were shaped by the market rather than policies. Other prior impediments, such as rental advertising and viewing the unit, credit check/leasing, predatory lending/steering and other lending/sales concerns have been addressed through extensive education, training and other resources offered by the FHCRC and County for various stakeholders in these processes. Habitability/construction Item 3A-73 TN/City of Palm Desert General Plan/Housing Element Housing Element III-51 evictions was removed from impediments to fair housing choice due to insufficient public data. The 2019 AI identified a new impediment in County land use policies on transitional and supportive housing, which is irrelevant to the City of Palm Desert with its own zoning code. The 2019 AI recommended that the County and its fair housing service provider should continue and expand education and resources for property owners, managers and residents on laws pertaining to reasonable accommodations and reasonable modifications, which are among leading reasons for discrimination on persons with disabilities. Workshops on housing rights of persons with disabilities, as well as free landlord-tenant services offered by fair housing service providers are also recommended to reduce and eliminate discrimination. These recommendations also shed light on how the City can address potential discrimination on persons with disabilities, which are reflected in Programs 4.B and 5.B. Apart from actively engaging with developers to increase housing supply for protected classes (Programs 1.D and 3.E), the City continues to work with agencies and local organizations to affirmatively further fair housing through information dissemination, education, outreach and referral (Programs 4.A and 11.A). Sites Inventory The City extends into the Santa Rosa Mountains in the south, and much of the area near the southern City boundary is designated as Open Space on the General Plan and not available for development. The City is primarily built out, and future housing development will occur as mainly infill projects and on the north side of the City which has larger vacant parcels. As shown in the inventory map associated with Table III-47, the sites identified for the inventory are located in different parts of the City in various zoning districts and dispersed to the extent possible with available lands, which will encourage a mix of household types across the City. Most of the sites identified for this Housing Element, primarily those located along the Highway 111 corridor (sites LL, PP and QQ, resulting in a total of 42 units), will result in small-lot development and housing affordable to lower-income households. The RHNA sites designated for lower income units are distributed across the City with various General Plan designations, from the Highway 111 corridor (Sites T,site LL, 28 units) to central (Sites PP, QQ , KK, DD, 128 lower income units and 310 moderate income units) and northern City (Sites A-F, H, 1,144 lower income units and 286 moderate income units). The northern City is also the area where the largest number of above moderate income units will be constructed (4,102 per Table III-48), showing that more than 20% of the total new units in this area will be affordable units, and will provide for integration of all income levels in this area of the City. Their General Plan designations include Small Town Neighborhood, Neighborhood Center, Suburban Retail Center, Regional Retail, Town Center Neighborhood, Public Facility/Institutional, and Employment Center. Above moderate income units are expected to be market-driven, single-family homes traditionally built in the City (see Table III-48). The above moderate income projects are located throughout the City, many of which are near affordable housing sites (Sites B & 12, Sites D, 14 & 16) or part of the same project as affordable units (for example, Site DD/10, see map next to Table III-48). The vacant sites that are zoned suitably for multiple income categories are typically found on the central and north sides of the City, where larger vacant parcels are available for mixed-income projects which combat potential segregation and concentration of poverty by providing a variety of housing types to meet the needs of residents in these areas. The sites’ zoning designations include Housing Overlay Item 3A-74 TN/City of Palm Desert General Plan/Housing Element Housing Element III-52 District (all sites), Planned Residential, Planned Commercial, Public Institution, Residential Single Family, and Residential Multiple Family. Integration and Segregation: Race and Income As noted, there is no area of identified segregation in or near Palm Desert, and sites in the inventory are located in areas with a wide range of diversity ratings (Figure 2). Site LL (28 units) in the Highway 111 corridor is in an area with lower median income (<$55,000), Sites PP, QQ, DD/10 (92 lower income units, 310 moderate and above moderate income units) are in an area with a slightly higher percentage of population below poverty level (<30%), Sites T and LL are is in an area where >80% of renters experience overpayment. The location of lower income RHNA sites like T, LL, PP, QQ will expand affordable housing supply for households in need and alleviate renter overpayment in these highest and high resource areas. Site DD/10 as a mixed-income site for lower, moderate and above moderate income households will further promote a more economically diverse and integrated community. As described above, lands in the northern City include 1,123 lower income units, 286 moderate income units and 4,102 above moderate income units, providing integration in this developing area of the City. The Land Inventory is not expected to exacerbate any existing patterns of segregation based on race and income, but rather will enhance integration. Access to Opportunity The City examined the opportunity area map prepared by HCD and TCAC (Figure 1). The opportunity area map designates the majority of the City as “Highest Resource”, and the remaining as “High Resource”, which indicate areas whose characteristics have been shown by research to support positive economic, educational, and health outcomes for low-income families— particularly long-term outcomes for children. Using the statewide opportunity area map, local knowledge, and indicators of segregation, displacement risk, and access to opportunity as overlays to the City’s vacant land inventory, the City was able to identify sufficient sites for affordable units in Palm Desert’s sixth cycle inventory (See Land Inventory section of this Housing Element and Table III-47) in areas identified by TCAC/HUD as either “Highest Resource” or “High Resource” with the highest Jobs Proximity Index scores. Several sites identified for affordable housing are located along the Highway 111 corridor, which offers a variety of resources and amenities. Multiple bus routes serve the area, which provide local and regional connectivity in the City, Coachella Valley and Riverside County. The Highway 111 corridor area features walkable streets and neighborhoods, and provides walking access to retail, restaurants, grocery and personal services. Several elementary and middle schools are located nearby, as well as a community college and public facilities such as library and aquatic center. These future housing sites affirmatively further fair housing through their close proximity to jobs, neighborhood retail and services, education and transit, all of which can reduce the overall cost of living for lower-income households. The stores, restaurants and offices in both the Highway 111 and El Paseo commercial districts provide varied job opportunities. The northern City has more and larger vacant lands with great development potential, and accommodates RHNA sites of all income levels. These projects are generally within a one-mile radius of the large commercial plaza on Monterey Avenue or neighborhood-serving developments Item 3A-75 TN/City of Palm Desert General Plan/Housing Element Housing Element III-53 including grocery shopping and restaurants near Country Club Drive. Existing preschool, elementary and high schools are generally within a two-mile radius. The City analyzed environmental constraints, including wildfire zones, 100-year flood zone, and 500-year flood zone, and confirmed that none of the sites identified are within or near any identified hazard zones. The sites identified in the vacant land inventory are not at risk of any environmental hazards. Evidence provided by the HUD tables and maps reveal there are no disparities in access to environmentally healthy neighborhoods. When compared with the Region, the City residents scored much higher. The City ranged from 53.59 for Whites to 62.28 for Asians. This is a much narrower range than the Region and demonstrates there are no significant differences in labor market access experienced by the different racial and ethnic populations living in Palm Desert. Overall, the Land Inventory is expected to improve access to opportunities for households in need by expanding affordable housing supply in highest and high resource areas. Disproportionate Housing Needs Based on the fair housing assessment, while the City offers a good selection of affordable housing units and has a slightly higher vacancy in rental units as of 2018, expanded housing options at a diversity of price-points can help alleviate overcrowding, overpayment and encourage a more economically diverse community. Areas along the Highway 111 corridor and in the central City generally have lower median income, higher percentage of population below poverty status and low to moderate income (LMI) population, and are identified as sensitive communities to displacement. In particular, Tract 451.08 on the north of the Highway 111 has over half (53.3%) low to moderate income population and over 60% of renters overpaying. The City is actively maintaining affordable housing projects including in the Highway 111 corridor, such that none of the apartments are at risk of losing affordability restrictions during or within 10 years of the 2021- 2029 planning period. The City will complete the RFP process for Sagecrest Apartments (Site LL) to provide at least 28 units for lower income households in Tract 451.08. The City adopted the Housing Overlay in 2020 and placed it on all Inventory sites including Site LL and Site T in Tract 451.08. Implementation of the overlay will provide significant incentives to developers for provision of affordable units including development fee waivers, development standard reductions, and parking reductions (Program 8.A). The Land Inventory and accompanying programs are expected to increase affordable housing supply and meet the diverse needs of all segments of the community. Contributing Factors Discussions with community organizations, government agencies, affordable housing developers, and the assessment of fair housing issues identified several factors that contribute to fair housing issues in Palm Desert, including: • Lack of affordable, accessible units in a range of sizes: Families with children and disabled people have a high need for affordable housing. • Lack of access to opportunity due to high housing costs including rising rents: Severe cost burdens greatly reduce the income available to meet other family needs including food, Item 3A-76 TN/City of Palm Desert General Plan/Housing Element Housing Element III-54 childcare, and medical expenses. This contributing factor also impacts households with one or more disabled member. • Housing production out of balance with housing demand: New housing is needed to meet the housing needs of all income groups and fair housing protected classes. • Housing discrimination during the rental/leasing process, particularly against persons with disabilities. Based on this assessment, most of these contributing factors can be attributed to a common issue of limited options and supply. The City identified three goals to further housing equity in Palm Desert: 1) preservation of affordability of housing units that could convert to market rate housing, 2) increasing the number of affordable units for families with children and people with disabilities or other special needs, 3) increasing awareness among residents of housing discrimination and how to file complaints with local, state and federal agencies. These goals target all contributing factors to fair housing issues identified above, and are incorporated into the Goals, Policies, and Programs section. Programs 4.A and 11.A focuses on information dissemination to all segments of the City population for affirmatively furthering fair housing and combating discrimination. Additionally, the City has incorporated meaningful actions that address disparities in housing needs and in access to opportunity for all groups protected by state and federal law, through preservation and new development of affordable housing and encouraging a variety of housing products including accessory dwelling units. (See Programs 1.A-G, 2.A, 2.B, 3.B-D) AFFORDABLE HOUSING DEVELOPMENTS The Palm Desert Housing Authority owns and operates approximately 1,114 rental housing units, and private developers own and operate approximately 319 rental units. An additional 227 units are anticipated. Additionally, the Housing Authority has assisted first-time lower income homebuyers in purchasing 301 ownership properties. Each development is described below. Palm Desert Housing Authority Owned and Assisted Rental Properties The Housing Authority owns eight (8) multi-family apartment complexes and seven (7) senior apartment complexes that provide affordable housing for lower income residents. Each of these complexes is described below. Combined, there are a total of approximately 1,114 affordable rental units that are Housing Authority owned and assisted. The number and mix of units and households fluctuates based on occupancy and turnover. The following breakdown is based on occupied units in January, 2021. Family Apartments: • One Quail Place provides 384 units, including 156 one-bedroom and 228 two-bedroom apartments, available to lower income ranges. There are 220 very low, 113 low, and 39 moderate income households currently living in the complex. Item 3A-77 TN/City of Palm Desert General Plan/Housing Element Housing Element III-55 • Desert Pointe is a 64-unit complex with 34 studio, 24 one-bedroom, and 6 two-bedroom units which currently house 38 very low-income households, 15 low-income households, and 8 moderate income household. • Neighbors Garden Apartments has a total of 24 two-bedroom units, 15 of which are rented by very low-income households, 6 of which are low-income tenants, and 2 are rented to moderate income tenants. • Taos Palms provides 16 two-bedroom units to 10 very low, 4 low income households and 2 moderate income tenants. • California Villas is a 141-unit project which provides one-bedroom units to 90 very low, 35 low and 10 moderate income households. • Laguna Palms provides 48 units which include 4 studios, 18 one-bedroom, and 26 two- bedroom units to 30 very low income, 10 low income, and 6 moderate income tenants. • Palm Village Apartments provides 36 two-bedroom apartments. The property includes 20 very low income, 13 low income, and 2 moderate income tenants. • Santa Rosa Apartments provides 20 two-bedroom units to 13 very low income, 6 low income, and 1 moderate income tenants. Senior Apartments: • The Pueblos includes 15 one-bedroom units for 12 very low and 3 low income senior households. • Catalina Gardens provides 72 units, including 48 studio units and 24 one-bedroom apartments to 66 very low, 4 low, and 2 moderate income senior households. • Las Serenas Apartments has 150 units, including 100 one-bedroom and 50 two-bedroom units rented to 118 very low-income, 23 low-income, and 8 moderate-income seniors. • Candlewood Apartments provides a total of 30 units, including 26 one-bedroom units and 4 two-bedroom units to 22 very low, 5 low income and 3 moderate income senior households. • La Rocca Villas includes 27 one-bedroom apartments and houses 21 very low income, 4 low income and 2 moderate income residents. • Carlos Ortega Villas provides a total of 72 units, including 64 one-bedroom and 8 two- bedroom units, for 47 very low income, 22 low income, and 2 moderate income residents. Palm Desert Housing Authority and City Assisted Ownership Projects The Palm Desert Housing Authority and City provide financial assistance to eligible first-time homebuyers with down payment monies needed to secure financing toward the purchase of a new home in the Authority’s housing developments. Item 3A-78 TN/City of Palm Desert General Plan/Housing Element Housing Element III-56 • Desert Rose, a 161-unit single-family project, was developed in 1994. The three and four- bedroom units are restricted for a period of up to 45 years to purchasers in the very low, low, and moderate-income categories. Facilities within the project include community recreation and daycare. • Falcon Crest provides 93 three and four-bedroom single-family homes for 13 low and 80 moderate income households. The project was completed in 2007 and 2008 and includes resale restrictions for a 45-year time period. Privately Developed and Assisted Ownership Projects The City and Palm Desert Housing Authority have provided various incentives to developers that dedicate units as affordable and carry affordability restrictions. • The Rebecca Road and San Marino Homes were part of the Acquisition Rehabilitation Resale program. Three (3) single-family homes were rehabilitated and resold with resale restrictions for low and moderate income households. • Coachella Valley Housing Coalition (CVHC) constructed a total of 11 self-help homes restricted to very low and low income households, that purchased the homes through low interest loans and sweat-equity programs. • Habitat for Humanity constructed 11 single-family homes, which are restricted to very low-income households that were purchased through low interest loans and sweat-equity programs. • Building Horizons homes were built as part of a vocational high school program, and provide 2 single-family homes for low-income households, with 30-year resale restrictions. • Portola Palms Mobile Home Park includes 23 mobile homes, 16 of which are very low income, and 7 of which are low income. The project includes resale restrictions for 30 years. • The Neighborhood Stabilization Program (NSP) was used to assist homeowners in the purchase of two (2) single-family properties. Privately Developed Rental Properties The City has provided various incentives to developers that dedicate units as affordable and carry affordability restrictions. Family Properties: • Hovley Gardens Apartments is a private project which received Agency assistance and tax credits, and constructed 162 two, three and four-bedroom rental units available to very low and low income households. Item 3A-79 TN/City of Palm Desert General Plan/Housing Element Housing Element III-57 • The Vineyards, which consists of a total of 260 units, includes 52 one and two-bedroom units reserved for very low, low and moderate income households. The units were created through the City’s density bonus program and the Agency has an option to purchase affordability of an additional 52 units in the future. • The Enclave, which consists of a total of 320 units, includes 64 one, two, and three bedroom units reserved for very low, low and moderate income households. The units were created through the City’s density bonus program. • The Carel family has 1 two-bedroom apartment available to lower income residents. • L&T Development Company on Catalina Way includes 4 one-bedroom units for residents with low incomes. Senior Properties: • Atria Palm Desert, an assisted living facility, includes 5 one-bedroom apartments for residents with very low incomes. • Bernard on Catalina Way includes 4 studio apartments restricted to low and moderate income residents. • Legend Gardens is an assisted living facility that includes 10 one-bedroom apartments for residents with very low and low income levels. • River Run One includes 2 studio apartments for residents with very low and low incomes. • Villas on the Green, which consists of a total of 76 units, includes 15 studio, one, and two- bedroom units for persons over 55 years of age in the very low, low and moderate income categories. The units were created through the City’s density bonus program. Affordable Housing Units Built During the 2014-2021 Planning Period • Carlos Ortega Villas, a Palm Desert Housing Authority rental property described above, was built in 2015. It includes 72 affordable senior units and incorporates a variety of energy efficient design concepts, including passive heating and cooling, solar panels to generate electricity, solar thermal panels for heating water, and water-efficient landscaping and plumbing fixtures, with the long-term goal of having net zero energy usage. • The City secured an agreement with the Legend Gardens assisted living facility for 10 one- bedroom apartments for residents with very low and low income levels. CONSTRAINTS TO THE DEVELOPMENT OF HOUSING This section of the Housing Element analyzes the governmental, environmental, physical and economic constraints associated with the development of housing. These constraints can take many Item 3A-80 TN/City of Palm Desert General Plan/Housing Element Housing Element III-58 forms, but generally increase the cost of providing housing, which can have a potentially significant impact on affordable housing development. Governmental Constraints Permit Processing Palm Desert has historically provided expeditious processing for planning entitlements. The City encourages the concurrent processing of applications and can complete the entitlement process on most projects in three to six months, depending on the approving body and the complexity of the application. The City requires tract map review and approval for all single-family home tracts and a precise plan for multi-family projects, both of which can be processed concurrently with any other permit that might be required. For either, the review process is a simple analysis that assures that the project’s design meets the requirements of the zone in which it occurs. Applications for Precise Plans, when complete, are circulated to other City departments for comments. The Precise Plan is then reviewed by the Architectural Review Commission (ARC) and approved by the Planning Commission. The ARC provides technical review of the Precise Plan application, including the provision of parking, trash enclosures and similar standards, and reviews the landscaping plans for water efficiency. The ARC meetings are public, but are not noticed hearings. ARC review is scheduled within two to three weeks of an application being found complete, and usually precedes Planning Commission hearing by three to four weeks. The ARC provides recommendations on the Precise Plan to the Planning Commission, which takes action on Precise Plan applications. Public notice and mailings are made 10 days prior to a Planning Commission hearing. The findings needed for approval of either a tract map or precise plan pertain to the project’s consistency with State law; the General Plan and Zoning Ordinance; public health and safety; and the site’s physical ability to accommodate the project. The findings focus on General Plan and Zoning consistency, are not subjective and do not pose a constraint to development. The average processing time for a typical application is 4 to 6 months, including the recently approved Montage single family homes, which received approval in 6 months, which is generally consistent with most Valley cities, and does not represent a constraint. The City also has a building permit streamlining process, for a fee, and allows “at risk” building permit applications, which can be submitted immediately following ARC review, and prior to Planning Commission approval. As described above, neither the process for a Precise Plan review, nor the time required are constraints to the development of housing. The City has not received any requests for streamlined processing under SB 35, and to date has relied on the requirements of law should an SB 35 project be proposed. In order to encourage development of affordable housing under SB 35, Program 1.H has been added to require the establishment of an SB 35 streamlining process within the first year of the planning period. Individual single-family homes do not require a public hearing and are approved by the Planning Department as part of the usual building plan checking process. Building permits are processed, generally in one to four months. Development of residential projects under the City’s recent General Plan update have been consistent with the densities allowed under the Land Use Map. The City’s processes are not a constraint to the provision of affordable housing. Item 3A-81 TN/City of Palm Desert General Plan/Housing Element Housing Element III-59 Application Fees The City posts current fees and exactions that are applicable to proposed housing development projects on the City’s website, consistent with Government Code §65940.1(a)(1)(A). Table III-21, below, illustrates typical permit fees for a hypothetical single-family subdivision and an apartment project. Each fee is described in detail in subsequent sections of the Housing Element. The table is not meant to be exhaustive, but provides a general representation of typical development fees. Total fees for a 32-unit subdivision are estimated at approximately $19,131 per unit, 63% of which ($11,908) are impact fees which are not controlled by the City. Total fees for a 32-unit apartment complex are estimated at $7,589 per unit, 73% of which ($5,487) are non-City fees. For an affordable housing apartment project with an average per unit cost of $208,200 per unit, the City’s fees represent 3.6% of the cost of that unit, and are not a constraint to development. Furthermore, the City has the ability to waive fees for affordable housing projects, with the exception of fees not imposed by the City such as MSHCP fees, which further reduce the cost. The City’s development fees are not an impediment to the provision of housing. Table III-21 Typical Permit Fees for Housing Developments in Palm Desert Fee Type Typical Fees 32 Unit Subdivision1 32 Unit Apartment Project2 City Fees: Planning Department: Tentative Tract Map $3,308 n/a Tentative Parcel Map n/a $1,203 Environmental Assessment $276 $276 Precise Plan $2,894 $2,894 Public Works Department3: Grading Plan Check $3,023 $853 Subdivision Precise Grading Plan Check $3,500 n/a SWPPP/NPDES Plan Check $176 $176 PM10 Plan Check $78 $78 Signing and Striping Plan Check $1,110 $1,110 Traffic Signal Plan Check $1,480 $1,480 Signalization Impact Fee $1,600 $1,600 Drainage Impact Fee (location dependent) $1,500 $1,500 WQMP Fee (deposit) $3,700 $3,700 Building and Safety Department: Plan Check $46,080 $8,512 Inspection $72,960 $9,120 Permit Issuance $105 $105 New Construction Fee $25,600 $12,160 Fire Facilities Fee (location dependent) $22,688 $5,824 Art in Public Places Fee $41,080 $16,656 Subtotal, City Fees: $228,264 $64,353 Non-City Fees: Strong Motion Implementation Program (SMIP) Fee $2,136 $866 Multi-Species Habitat Conserv. Plan (MSHCP) Fee $43,872 $8,128 Item 3A-82 TN/City of Palm Desert General Plan/Housing Element Housing Element III-60 Table III-21 Typical Permit Fees for Housing Developments in Palm Desert Fee Type Typical Fees 32 Unit Subdivision1 32 Unit Apartment Project2 Transportation Uniform Mitigation Fee (TUMF) $73,920 $42,560 Desert Sands Unified School District (DSUSD) Fee $261,120 $124,032 Subtotal, Non-City Fees: $381,048 $175,586 Total Cost: $612,206 $242,833 Total Cost Per Unit: $19,131 $7,589 1 Assumes a 10-acre subdivision (4 du/ac + 2 addl. acres), 32 single-family dwelling units. Each unit is 2,000 square feet and valued at $513,498 (average value from Table III-14). 2 Assumes a 2-acre parcel with 32-unit multi-family apartment complex. Each unit is 950 square feet and valued at $208,200 (average value from Table III-14). 3 Does not include Half Street and Full Street Improvement Plan Check or Storm Drain Plan Check which are based on project-specific linear feet. Table III-22, below, identifies the City’s current (2021) Community Development/Planning fees for processing applications and permits. They have not increased since 2012 and are not considered a constraint to the development of affordable housing in the City. Table III-22 Community Development/Planning Fee Schedule, 2021 Permit Type Fee General Plan Amendment/Change of Zone $2,007 Architectural Review (single family) $226 Conditional Use Permit or Precise Plan $2,894 Environmental Assessment $276 Tentative Tract Map $3,308 Tentative Parcel Map $1,203 Source: “Community Development/Planning Fee Schedule,” Resolution 2012-37, City of Palm Desert, June 14, 2012. General Plan and Zoning Ordinance Constraints The residential districts of the Land Use Element allow a broad range of densities for all types of development: • Rural Neighborhood allows 0.05 to 1 units per acre • Golf Course & Resort Neighborhood allows up to 8 units per acre • Conventional Suburban Neighborhood allows 3 to 8 units per acre • Small Town Neighborhood allows 3 to 10 units per acre • Town Center Neighborhood allows 7 to 40 units per acre The General Plan also allows residential uses in Commercial designations: • Resort & Entertainment District allows up to 10 units per acre • Regional Retail District allows 10 to 15 units per acre Item 3A-83 TN/City of Palm Desert General Plan/Housing Element Housing Element III-61 • Suburban Retail Center allows 10 to 15 units per acre • Neighborhood Center allows 10 to 15 units per acre • City Center/Downtown allows 12 to 40 units per acre The City’s Zoning designations parallel the General Plan and include: • Hillside Planned Residential District (HPR) (maximum 0.2 du/ac) • Estate Residential District (R-E) (0.5 to 1 du/ac) • Single-Family/Mobile Home District (R-1-M) (4 to 7 du/ac) • Single-Family District (R-1) (2 to 8 du/ac) • Mixed Residential District (R-2) (3 to 10 du/ac) • Multifamily Residential District (R-3) (7 to 40 du/ac) • Planned Residential District (PR) (4 to 40 du/ac) Density Bonus The Zoning Ordinance also includes density bonus provisions, incentives and concessions, housing overlays, and flexible development standards where applicable. Section 25.34.040 establishes eligibility criteria and general provisions for density bonuses. The number of additional dwelling units entitled depends on the number of very low, low, and moderate income units and senior units provided in the development, with a maximum increase of 35%. Additional concessions, such as reductions in development standards, may be approved, and special provisions are available for development of a childcare facility or donation of land to the City. Effective January 1, 2021, AB 2345 amends the state’s Bonus Density Law to increase the maximum density bonus from 35% to 50% for projects that provide at least: 1) 15% of total units for very low income households, 2) 24% of total units for low income households, or 3) 44% of total for-sale units for moderate income households. AB 2345 also decreases the threshold of set- aside low income units required to qualify for concessions or incentives, and decreases the number of parking spaces required for 2 and 3-bedroom units. Density bonus projects within ½ mile of a major transit stop may also qualify for reduced parking requirements. Program 9.A directs the City to amend the Zoning Ordinance to assure compliance with AB 2345. Housing Overlays The Senior Housing Overlay (SO) allows flexibility in density and development standards to reflect the unique requirements of persons over the age of 55. The SO allows for reductions in parking standards, and calculates units based on population per acre, rather than units per acre, to allow greater flexibility in the development process. In 2020, the City replaced the former Medium/High Density Housing Overlay District with the Housing Overlay District (HOD) to incentivize the development of new housing units at affordable rents. The HOD provides optional, flexible development standards, density bonuses, design criteria, and parking reductions for the development of a wide variety of housing products which provide a minimum of 20% of all units at income-restricted rents, or at least one unit for smaller residential projects. It also eliminates the public hearing requirements and waives City plan check/inspection fees and potentially other fees. The HDO was applied to all Housing Authority parcels and privately owned parcels listed in Table III-47, Vacant Land Inventory. Item 3A-84 TN/City of Palm Desert General Plan/Housing Element Housing Element III-62 Residential Development Standards The development standards in the Zoning Ordinance are also not restrictive, as shown in Table III-23, below. Table III-23 Residential Zoning District Development Standards Standard Zoning District* R-E3 R-13 R-2 R-3 R-1-M1 HPR 4 PR5 ≥1ac ≥15,000s f ≥10,000s f but ≤15,000s f <10,000s f Units/Acre 1-2 2-3 3-4 5-8 3-10 7-40 7 1/5 ac 4-40 Lot Size, minimum 40,000 sf 15,000 sf 10,000 sf 8,000 sf 3,500 sf 3,000 sf 20 ac/ 5,000 sf --- --- Lot Size, maximum 1 ac No max 14,999 sf 9,999 sf No max No max No max --- --- Lot Width, minimum 150’ 90’ 90’ 70’ 50’ 40’ 500’ --- --- Lot Depth, minimum 200’ 125’ 100’ --- --- --- --- --- --- Lot Coverage, maximum 30% 35%2 35%2 35%2 60% 75% --- 10% 50% Setback Front/Side / Rear 30/10/5 0 25/15/20 20/8/20 20/5/15 12/5/1 5 10/8/1 0 20/10/1 0 -/-/- -/-/-8 Parking 2/unit9 2/unit9 2/unit9 2/unit9 2/unit9 2/unit9 2/unit9 2/unit 9 2/unit 9 Building Height, max 15’ (18’ ARC)7 15’ (18’ ARC)7 15’ (18’ ARC)7 15’ (18’ ARC) 30’ 40’ 18’ --- 40’ Group usable open space/du, minimum --- --- --- --- --- 300 sf --- --- --- * Residential development is allowed in all Commercial zones 1-7 Notes are provided in Zoning Ordinance Table 25.10-3. 8. Established in Precise Plan. 9. Except in HOD, where Studios and One Bedrooms are 1.5/unit. ARC = Architectural Review Commission Source: City of Palm Desert Zoning Ordinance, Table 25.10-3 The City’s development standards allow for two story development in the R-1 district (lot size <10,000 sf), 2.5 stories in the R-2 district, and 3 stories in the R-3 and PR districts. Common area requirements in the R-3 and PR zones are also typical of desert cities and allow for clustering of units to allow for common area amenities. Even with imposition of the City’s development standards, and assuming a unit size of 1,000 square feet, with two parking spaces per unit and 40% Item 3A-85 TN/City of Palm Desert General Plan/Housing Element Housing Element III-63 open space, densities in excess of 22 units per acre could be achieved. Therefore, the City’s development standards are not a constraint on the development of housing. Accessory Dwelling Units The Zoning Ordinance was updated in 2020 to comply with new state legislation pertaining to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs). An ADU is an attached or detached residential unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence; it also includes efficiency units and manufactured homes. A JADU is no greater than 500 square feet in size, contained entirely within an existing or proposed single-family structure, including its own sanitation facilities or shares them with the single-family structure, and includes an efficiency kitchen. ADUs and JADUs are permitted on any lot in a residential or mixed use zone, with the exception of the Hillside Planned Residential (HPR) zone, and are also permitted in the Public/Institutional zone. As shown in the following table, between 2014 and 2020, a total of 162 ADU building permits were issued (average of 23 ADUs per year). Table III-24 ADU Building Permits, 2014-2020 Year No. of Permits Issued 2014 26 2015 19 2016 27 2017 26 2018 21 2019 19 2020 24 Total: 162 Short-term Rental Ordinance Section 5.10.050 of the Municipal Code defines short-term rental (STR) units as privately-owned residential dwellings rented for dwelling, lodging, or sleeping purposes for a period of less than 27 consecutive days. STRs are allowed in the RE (Residential Estate), HPR (Hillside Planned Residential), R3 (Residential Multiple Family) except for apartment units, and PR (Planned Residential) only within a Homeowners Association that allows for STRs with written approval. Homeowners are required to obtain a STR permit and collect transient occupancy taxes (TOT) at a rate of 11% of the rent charged. STRs provide homeowners with opportunities to increase their incomes, which can offset their housing costs. STRs are often rented by vacationers rather than permanent residents, and the added TOT revenues are not considered a constraint to housing. Furthermore, because only units within planned communities are allowed to have STRs, and these communities contain only market rate units, the presence of STRs in Palm Desert does not constrain the development of affordable housing. Item 3A-86 TN/City of Palm Desert General Plan/Housing Element Housing Element III-64 Low Barrier Navigation Centers Assembly Bill (AB) 101 requires that Low Barrier Navigation Centers (LBNC) be a by-right use in areas zoned for mixed use and nonresidential zoning districts permitting multifamily uses. LBNCs provide temporary room and board with limited barriers to entry while case managers work to connect homeless individuals to income, public benefits, permanent housing, or other shelter. Program 5.D of this Housing Element directs the City to review and revise the Zoning Ordinance, as necessary, to ensure compliance with AB 101, and to modify the definition of “homeless shelter” to include this use. Zoning for Special Housing Types The Zoning Code also facilitates the development of other special housing types, as summarized in the table below. Group homes for 6 or more are permitted by right in the residential zones, and require a Conditional Use Permit in the commercial zones, to assure high quality of life for the residents. Reasonable accommodation measures for disabled residents are established in Zoning Code Section 25.64.050. Reasonable accommodation requires a no-fee application, and are approved at the staff level, subject only to the following standards: 1. The requested accommodation is requested by or on behalf of one or more individuals with a disability protected under the fair housing laws. 2. The requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling. 3. The requested accommodation will not impose an undue financial or administrative burden on the City as “undue financial or administrative burden” is defined in fair housing laws and interpretive case law. 4. The requested accommodation will not result in a fundamental alteration in the nature of the City’s zoning program, as “fundamental alteration” is defined in fair housing laws and interpretive case law. 5. The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others. Item 3A-87 TN/City of Palm Desert General Plan/Housing Element Housing Element III-65 Table III-25 City of Palm Desert Zoning for Special Housing Types Housing Type Zoning Where Permitted Multi-family housing R-2, R-3 permitted use PR conditional use OP, PC-1, PC-2, PC-3, PC-4, SI conditional use P conditional use Factory-built, manufactured housing R-1-M conditional use P conditional use Mobile homes R-1-M conditional use P conditional use Manufactured home parks R-1-M conditional use Farmworker housing P conditional use Homeless shelter SI permitted use Emergency shelters PC-1, SI permitted use Transitional & supportive housing RE, R-1, R-2, R-3, R-1M, HPR, PR permitted use Single-room occupancy units SI conditional use Group home RE, R-1, R-2, HPR, PR permitted use OP, PC-1, PC-4, SI conditional use P conditional use Guest dwelling RE, R-1, R-2, HPR, PR permitted use Caretaker housing SI permitted use Assisted living R-1, R-2, R-3, PR conditional use ADUs and JADUs RE, R-1, R-2, R-3, R-1M, PR, P permitted use Infrastructure Requirements Most of the City is served by General Plan roads, water, and sanitary sewer facilities. Individual development projects are required to connect to water and sewer facilities and improve roadways in and adjacent to the project. Adjacent roadways must be improved to their ultimate half width and include curb, gutter and sidewalk. Roadway standards for local or neighborhood streets that allow parking on both sides must have a paved width of 40 feet. The City will allow deviations to these standards, including the narrowing of streets if on-street parking is restricted. Pursuant to SB 1087, the Coachella Valley Water District will be provided with the adopted Housing Element and required to establish specific procedures to grant priority service to affordable housing projects. As water and sewer services are installed in most neighborhoods in the City, the City’s water and sewer provider, the Coachella Valley Water District (CVWD), will not be constrained in providing services in the City. CVWD has an approved Urban Water Management Plan (UWMP), which was developed based on the City’s General Plan build out, which states that it has sufficient supplies available to meet the City’s built out demands. The District’s Cook Street Water Reclamation Plant (WRP-10), which provides sanitary sewer treatment for the City, has a combined secondary capacity of 18 million gallons per day, and in 2021 processed an average daily flow of approximately 9 million gallons per day. The District, Item 3A-88 TN/City of Palm Desert General Plan/Housing Element Housing Element III-66 therefore, has more than enough capacity to treat wastewater generated by the City in the future, including sufficient capacity to accommodate the regional housing need. As referenced in its 2015 UWMP, CVWD’s long-range plans include adding treated and untreated Colorado River water to its urban water distribution system and using desalinated agricultural drain water for irrigation purposes. The City routinely consults and coordinates with CVWD to assure that services and facilities are adequate to meet the community’s needs. “Dry” utilities in the City include electricity, natural gas, telephone, cable, and solid waste collection and disposal. Southern California Edison (SCE) provides electricity to most of the City of Palm Desert. Imperial Irrigation District (IID) provides power to limited portions of the City, including most of the California State University/San Bernardino (CSSB) Coachella Valley Campus and the Avondale Country Club. Natural gas services and facilities are provided to most of the City by the Southern California Gas Company through regional high-pressure transmission lines and medium-pressure distribution lines. Development located west of the Palm Valley Stormwater Channel, parallel to Highway 74, is not connected to the natural gas system and uses propane gas as an alternative fuel source. Telecommunication services are provided to the City by Frontier Communications, Spectrum and other cell service providers. Solid waste collection and disposal is provided by Burrtec Waste & Recycling Services. The City coordinates with utility and service providers, as necessary, regarding the planning, designing, and siting of distribution and other facilities to assure the timely and environmentally sensitive expansion of facilities. Public Works Fees Table III-26 depicts the City’s Public Works Department engineering fees, including those associated with site preparation and infrastructure. Table III-26 Public Works Engineering Fees Grading Plan Check (per plan) $853 1st 3 acres $310/acre ea. add. acre Subdivision Precise Grading Plan Check $1,628 up to 8 lots; $78/lot each add. Hydrology Report Plan Check $352/acre SWPPP/NPDES Plan Check $176 PM10 Plan $78 Half Street Improvement Plan Check $891/1000 LF Full Street Improvement Plan Check $1,550/1000 LF Storm Drain Plan Check $1,550/1000 LF Signing and Striping Plan Check $1,110 Traffic Signal Plan Check $1,480 Faithful Performance Bonds 100% of Public Improvements + 25% of Grading Amount Labor & Materials Bond ½ of Faithful Performance Amount Signalization Impact Fee $50.00/residential unit Drainage Impact Fee $1,000-$4,000/ac. (based on location) MSHCP Fee 0-8 units/acre: $1,371 per unit 8.1-14 units/acre: $571 per unit 14+ units/acre: $254 per unit WQMP Fee $3,700 Sources: “Public Works Engineering Fees,” City of Palm Desert, June 27, 2017; MSHCP Local Development Mitigation Fee, Coachella Valley Conservation Commission, July 1, 2020. Item 3A-89 TN/City of Palm Desert General Plan/Housing Element Housing Element III-67 Because individual projects vary greatly, it is not possible to determine an average cost per unit based on Public Works fees beyond the estimate provided in Table III-21; however, the limited impact fees charged by the City make it one of the less costly in the Coachella Valley in which to develop. These fees are not a constraint on the development of affordable housing. Building Code Requirements As with most communities in California, the City has adopted the California Building Code (CBC) and updates the Code periodically as State-wide updates are developed. Currently (2021), the City is enforcing the provisions of the 2019 CBC. The City cannot adopt standards that are less stringent than the CBC. The only local amendments made by the City are administrative and relate to the timing of payment of fees. These amendments have no impact on the provision of affordable housing. Since all communities in the State enforce similar provisions, the City’s CBC requirements are not an undue constraint on the development of affordable housing. Building Permit Fees5 The Building Department charges on a per square foot basis for building permit plan checks and inspections. For single-family custom or tract homes less than 2,500 square feet, the combined architectural and structural charge is $0.72 per square foot for plan check, and $1.14 per square foot for inspection. Fees vary slightly for other single-family housing types and sizes. For multi- family residential units, the combined architectural and structural plan check fee is $0.30 per square foot for projects less than 15,000 square feet, and $0.28 per square foot for projects larger than 15,000 square feet. Inspection fees are $0.36 per square foot for the smaller projects, and $0.30 per square foot for the larger projects. A flat fee of $105 is charged for permit issuance. In all cases, whether single family or multi-family, additional charges apply for plumbing and electrical inspections. New Construction Tax Per Ordinance No. 216, a new construction tax of $0.40 per square foot is charged on all new and additional square footage added to the building under roof (i.e. additional square footage for single- family dwelling additions, converting garages, atriums or patio areas to living space and all commercial additions). Low Income Housing Mitigation Fee Per City Resolution 90-130, all commercial development is assessed mitigation fees which are directed toward low income housing. Fees are paid at the issuance of building permits, according to the following schedule. 5 “Building and Safety Fee Schedule,” Resolution 2012-37, City of Palm Desert, June 22, 2012. Item 3A-90 TN/City of Palm Desert General Plan/Housing Element Housing Element III-68 Table III-27 Low Income Housing Mitigation Fee Schedule Type of Development Fee General Mixed Commercial $1.00 per sq. ft. Professional Office $0.50 per sq. ft. Industrial $0.33 sq. ft. Resort Hotel (major amenities) $1,000 per room Non-Resort Hotel (limited amenities) $620 per room Fire Facilities Impact Mitigation Fee The Fire Facilities Impact Mitigation Fee, shown below, is charged in designated areas to supplement future fire protection needs. Table III-28 Fire Facilities Impact Mitigation Fee Schedule Type of Development Fee Residential: Low Density $709/unit Medium Density $306/unit High Density $182/unit Note: fee is charged only in designated areas Non-residential fees are not shown. Art in Public Places Fee Per Ordinance No. 473, the City charges an Art in Public Places fee. The residential fee is 0.25 of 1% of valuation of the structure. Individual single-family dwelling units not in a development are exempt from the first $100,000. Other Development Fees In addition to the City’s fees, residential developers are responsible for the payment of the State mandated school fees. School fees in the Desert Sands Unified School District (DSUSD) are currently (2021) $4.08 per square foot. Development in the Coachella Valley is also required to pay Transportation Uniform Mitigation Fees (TUMF) to the Coachella Valley Association of Governments (CVAG) to offset impacts to regional roads and transportation improvements. The fee is $2,310 per detached single-family unit, $1,330 per multi-family/mobile home unit, and $495 per nursing/congregate care unit. There is a 15% discount for transit-oriented development. Affordable housing is exempt from TUMF fees. The City is within the boundaries of the Coachella Valley Multiple Species Habitat Conservation Plan (CV MSHCP). As such, new development projects are required to pay local development mitigation fees for the acquisition and management of habitat lands. Fees are listed in Table III- 26. Item 3A-91 TN/City of Palm Desert General Plan/Housing Element Housing Element III-69 The City’s Strong Motion Instrumentation Program (SMIP) fee is charged on new development. For residential development, the fee is 0.00013 of total valuation. Collected SMIP fees are passed through to the State Department of Conservation. Developers also must pay connection and/or metering fees for public utilities. These fees vary somewhat from one provider to the next, but since many of the utility companies in the Coachella Valley serve all the cities, the fees are consistent throughout the area. Code compliance for structural deficiencies or maintenance problems is processed as follows. A phone call and/or a site visit is made to inspect the reported problem and discuss correction of deficiencies with the owner. In most instances, this is sufficient to cause the violation to be corrected by the property owner. If the violation is not corrected, a notice is sent to the owner, giving the owner 20 days to correct the violation. The City has the ability to directly abate a violation if the owner is unwilling or cannot be located. All costs associated with abatement are billed to the property owner. If the owner is unwilling to pay, a lien is placed on the property. These procedures are typical of those employed by most cities in California and do not place an undue constraint on the development or maintenance of housing. Efforts to Remove Governmental Constraints No governmental constraints have been identified that have a significant adverse impact on housing development in Palm Desert. The City’s permitting process and infrastructure requirements are comparable to those of other Coachella Valley cities. Although some application fees have increased somewhat since the last planning period, they remain among the lowest in the region. General Plan and zoning land use designations allow for all types of development and a broad range of densities. Zoning Code Section 25.34.040 allows the City to grant density bonuses, offer incentives and concessions, and waive or reduce development standards for affordable housing projects that can result in identifiable cost reductions to the developer. The City’s housing policies and programs have been reviewed and revised, as necessary, to assure that governmental constraints are minimized. Policy 7 of this Housing Element allows the City Council to waive fees for affordable housing projects on a case-by-case basis. Non-Governmental Constraints In general, the City sees applications for building permits submitted within approximately 30 days of entitlement of a project. This process, however, is entirely under the control of the developer, and can vary substantially from one project to another. The City generally does not receive requests for projects below the density allowed for sites on its Vacant Land Inventory (Table III-47). Recent project applications rather have requested the maximum density for these sites (please see further discussion under Land Inventory, below). There are no non-governmental constraints that impact the City’s ability to meet its RHNA allocation by income category. On the contrary, the City’s processing times and costs have generated applications for 710 units affordable to very low and low income households, and 617 units affordable to moderate income households (see Pending Affordable Housing Projects, below). The constraints, expressed by the affordable housing community at City Housing Element workshops and study sessions, occur with State funding applications, not with non-governmental aspects of the development process. The City actively supports affordable housing project funding applications in order to overcome the constraint caused by State processes. Item 3A-92 TN/City of Palm Desert General Plan/Housing Element Housing Element III-70 Economic Constraints Economic constraints are those associated with the cost of land and construction, and the ability to finance any housing, ranging from single-family homes to larger apartment or condominium projects. The cost of land varies somewhat from city to city in the Coachella Valley, but the cost of construction and the ability of homes and projects to financed is regional in nature. Land and Housing Costs The cost of land has the potential to impact the overall cost of housing. A survey of vacant residential lots in Palm Desert found that single-family properties range from approximately $156,000 to $1,400,000 per acre, with an average of $804,453 per acre.6 Multi-family properties average $391,598 per acre. As shown in Table III-19, according to ACS data, the median cost of existing homes in Palm Desert increased 9.0% between 2013 and 2018, from $308,000 to $335,400. According to a recent regional economic study, the median price in 2020 (3rd quarter) was $484,324 for existing homes and $621,938 for new homes.7 The American Community Survey determined that the median rental rate in the City in 2018 was $1,260. In order to update this information to current (2021) conditions, representative rental rates for non-subsidized apartments were collected and are provided in Table III-29, below. As shown, rents can range from $1,675 to $2,490 for a 3-bedroom unit. Additional analysis shows rents can range from $3,000 to $7,500 and higher for a 4+-bedroom unit.8 Table III-29 Median Gross Rent by Bedrooms No. of Bedrooms Median Gross Rent* No bedroom $729 1 bedroom $974 2 bedrooms $1,307 3 bedrooms $1,691 4 bedrooms $2,082 5+ bedrooms Not provided Median Gross Rent: $1,260 * estimated, renter-occupied housing units paying cash rent Source: American Community Survey 2014-2018 5-Year Estimates, Table B25031 6 LandWatch.com, accessed January 28, 2021. 7 “Inland Empire Quarterly Economic Report,” Year 32, Economics & Politics, Inc. October 2020. 8 Rent.com, accessed September 3, 2020. Item 3A-93 TN/City of Palm Desert General Plan/Housing Element Housing Element III-71 Table III-30 Representative Apartment Market Rental Rates in Palm Desert, 2021 Project Name Unit Size Market Rental Rate The Regent 1 & 2 Bdrm $1,395-$1,685 Desert Fountains Studio, 1 & 2 Bdrm $915-$1,230 Desert Oasis Studio, 1, 2 & 3 Bdrm $1,195-$1,675 The Enclave 1, 2 & 3 Bdrm $1,660-$2,400 The Vineyards 1, 2 & 3 Bdrm $1,490-$2,490 Royal Palms 2 Bdrm $1,695 Construction Costs Construction costs vary widely depending on location, project site, bedroom count, finishes, fixtures, amenities, building type, and wage and hiring requirements. Other determining factors include terrain and soil conditions, environmental factors, and availability of infrastructure. In the Coachella Valley, construction costs for single-family dwelling units generally range from $235 to over $275 per square foot (excluding site improvements), varying based on the location, size, materials, fixtures, and finishes selected.9 Vertical multi-family construction costs generally range from $125 to $145 per square foot.10 A 2021 survey of regional affordable housing developers determined that the average construction cost for affordable housing in the valley is approximately $317,074 per unit/door. Financing Costs The cost of financing can also impact the development community’s ability to fund projects. Mortgage interest rates are currently near historic lows but fluctuate over time. Affordable housing typically relies on a mix of public and private financing sources, including tax credits, subsidies, grants, bond funds, and other funding sources, some of which are subject to rules and restrictions. Physical Constraints Age of Housing Stock As shown in Table III-15, 25,312 housing units in the City are over 30 years old, representing 63.6% of the housing stock. Maintenance in the City is not a significant issue; however, and the Palm Desert Housing Authority has programs in place to assist lower income households with home repairs and improvements. Condition of Housing Stock 9 Gretchen Gutierrez, CEO, Desert Valleys Building Association, March 2021. 10 Chris Killian, Senior Vice President of Construction, National Core, March 2021. Based on a typical 50-75 unit project with 2 and 3 story garden style walkup buildings (Type V-Wood). Item 3A-94 TN/City of Palm Desert General Plan/Housing Element Housing Element III-72 As shown in Table III-16, of 24,114 occupied housing units in Palm Desert, 67 (0.3%) lacked complete plumbing facilities, and 198 (0.8%) lacked complete kitchen facilities. Depending on overall conditions, these units could be considered substandard. The Palm Desert Housing Authority manages the Housing Improvement Program (HIP), which is funded through CDBG. Currently, the emergency grant component is the only component that is funded. It assists homeowners with emergency health and safety repairs to their homes, such as roof repairs, water heater replacement, and ADA improvements. Four (4) households received emergency grants during the 2014-2021 planning period. Environmental Constraints The City is identified as Zones III and IV in the Uniform Building Code (UBC) for seismic activity. The UBC imposes certain standards for construction in these zones, which may add to the overall costs of housing. These standards, however, are necessary for the public health and safety, and are common throughout the Coachella Valley and California. None of the proposed sites occur on lands designated as Alquist-Priolo Earthquake Fault Zones by the State. There are no active faults on any of the sites proposed for development of affordable housing units in the City. The standards required to protect the City’s residents from seismic hazards are not considered a constraint to the provision of housing. There are no other environmental constraints to the development of housing. Energy Conservation In addition to the requirements of Title 24 of the Building Code, the City has enacted additional energy efficiency requirements, water conserving landscaping requirements, and has a number of energy conservation programs for residents. Although the cost of installation of energy efficient, “green” or similar products in a home or apartment may increase the initial cost, affordable housing providers in the Coachella Valley have indicated that the cost differential was becoming smaller as technologies improved; and that the long-term benefit to the home owners or renters was worth the added initial expense. These developers implement energy conserving construction to the greatest extent possible in their projects. Carlos Ortega Villas, an affordable senior housing project built in 2015, includes passive heating and cooling, solar panels for generating electricity, solar thermal panels for heating water, and water-efficient plumbing fixtures and landscape materials, with the long-term goal of having net zero energy usage. SPECIAL HOUSING NEEDS This section of the Housing Element quantifies households with special housing needs, such as farmworkers, the homeless, and seniors living in the City. These households can have housing needs which may be more difficult to address, and which require special attention. Farm Workers Farm workers are employed in agricultural industries, including livestock, crops, and nursery products, and typically perform manual and/or hand tool labor-plant, cultivate, harvest, or pack field crops. The industry is supported by both year-round and seasonal workers who typically earn low wages, have difficulty obtaining safe and affordable housing, and have limited access-other Item 3A-95 TN/City of Palm Desert General Plan/Housing Element Housing Element III-73 services, such as education, transportation, and health care. Seasonal or migrant workers who travel from their permanent homes-work during harvest periods may live in rooming houses, finished garages, trailers, or other temporary shelters. Citrus, melon, vegetable, and nursery stock production is a key component of the Coachella Valley economy. However, agriculture is focused on the east end of the Coachella Valley, approximately 10 miles or more to the southeast. Farm worker households generally fall into low and very low income categories. Low income groups often need housing near work; for farmworkers, housing is most needed in rural, agricultural areas rather than urban areas. In the Coachella Valley, the principal housing options for migrant and local seasonal farm workers are family-owned homes, private rental houses, second units, apartments, and mobile homes. Palm Desert’s continued urbanization has eliminated commercial farming in the City, and no agricultural lands are designated in its General Plan. In 2018, there were 147 persons employed in “agriculture, forestry, fishing and hunting, and mining” in the City, which constitutes only 0.7% of the City’s civilian employed population 16 years and over, and likely consists of mining employees at local sand and gravel operations located in unincorporated County lands and the cities of Palm Springs and Indio. Demand for housing specifically targeted for farm workers has not been identified. Nevertheless, as with other special needs, farmworker households can benefit from rental subsidies provided by City and City incentives for developers to maintain affordable units that are available to all segments of the population. Homeless Homeless persons are those in need of temporary or emergency shelter and include a diverse population of individuals, including seniors, veterans, substance abusers, immigrants, physically or mentally disabled, and families with children. Homeless individuals may live in vehicles, encampments, abandoned buildings, outdoors, or homeless or transitional shelters. The Homeless Point-In-Time (PIT) Count is a federally mandated annual count of homeless individuals used to evaluate the extent of homelessness. The data provide a snapshot of homelessness on a particular date and time. The 2019 PIT Count for Riverside County determined there were 23 unsheltered homeless individuals in Palm Desert.11 Consistent with the HUD definition, the unsheltered PIT Count enumerates homeless individuals and families who are “living in a place not designed or ordinarily used as a regular sleeping accommodation for humans” (i.e., abandoned buildings, cars, parks, under bridges, bus stops, etc.). This estimate represents 0.04% of the City’s total 2019 population of 52,911 people.12 The actual number of homeless may be higher given that many individuals, particularly women and children, remain hidden for safety or stay in locations where they cannot be seen. It represents a 46.5% decrease over the 2018 PIT Count for Palm Desert (43 individuals). The reduction may be due, in part, to undercounts in earlier years and/or changes in counting and surveying methods, such as increased coverage by more volunteers, that were implemented in 2019. 11 2019 Riverside County Homeless Point-In-Time Count and Survey Report, County of Riverside Department of Public Social Services, page 60. 12 Department of Finance Table E-5, January 2019 estimates. Item 3A-96 TN/City of Palm Desert General Plan/Housing Element Housing Element III-74 Table III-31 Palm Desert Unsheltered Homeless Characteristics, 2019 Number % of Total Race American Indian 2 9% Black 1 4% White 18 78% Multiple Races 1 4% Unknown Race 1 4% Ethnicity Hispanic 3 13% Non-Hispanic 16 70% Unknown Ethnicity 4 17% Gender Male 15 65% Female 8 35% Age Adults (>24 yrs) 20 87% Youth (18-24 yrs) 1 4% Unknown Age 2 9% TOTAL HOMELESS INDIVIDUALS = 23 Source: 2019 Riverside County Homeless Point-In-Time Count and Survey Report, County of Riverside Department of Public Social Services, page 60. As shown in Table III-31, the majority of homeless people in Palm Desert are white (78%), non- Hispanic (70%), male (65%), and adults over 24 years (87%). The following table describes homeless subpopulations in Palm Desert. Of the 15 individuals interviewed, 35% were chronically homeless, 22% had a physical disability, 22% had Post Traumatic Stress Disorder (PTSD), 17% were veterans, and 13% had mental health conditions. Some subpopulations could be higher, but the extent is unknown because 8 individuals were not interviewed for various reasons, including refusal to participate, sleeping, a language barrier, inability to respond, or physical barriers or unsafe site conditions. Item 3A-97 TN/City of Palm Desert General Plan/Housing Element Housing Element III-75 Table III-32 Palm Desert Homeless Subpopulations, 2019 Subpopulation Number1 % of Total Veterans 4 17% Chronically Homeless 8 35% Substance Abuse 2 9% PTSD 5 22% Mental Health Conditions 3 13% Physical Disability 5 22% Developmental Disability 1 4% Victim of Domestic Violence 1 4% Jail release, past 12 months 3 13% Jail release, past 90 days 1 4% 1 Results of interviews with 15 homeless individuals. Actual numbers may be higher as 8 individuals were not interviewed. Source: 2019 Riverside County Homeless Point-In-Time Count and Survey Report, County of Riverside Department of Public Social Services, page 60. The City contributes over $100,000 annually to the Coachella Valley Association of Governments (CVAG) for regional homelessness services. The City is a participant in CVAG’s Homelessness Initiative and was also a participant of the previous Homelessness Strategic Plan, which built Roy’s Desert Resource Center (“Roy’s”) in the western Coachella Valley. The facility opened in December 2009 and provided emergency and transitional shelter and support services for homeless individuals. After the closure of Roy’s in 2017, there was a need for a homeless shelter or navigation center in the western Coachella Valley. Path of Life Ministries and now CVAG operates a program that placed people in permanent housing before addressing issues such as joblessness or behavioral health. Program results were positive, with 81% of the 242 people who exited the program in the first year able to find permanent housing, and all participants who exited the program more than doubling their monthly incomes. 13In late 2019, CVAG initiated an effort to advance the goals of CV Housing First through a collaborative approach called the Coachella Valley Homelessness Engagement & Action Response Team (CVHEART). The program is expected to establish a formal structure for regional homelessness policies and programs, identify funding opportunities for future projects, and expand multi-agency cooperation and participation. In addition to its own efforts to end homelessness, Palm Desert’s membership in CVAG will assure its continued participation in regional efforts. A number of other organizations provide shelter and services to the homeless throughout the Coachella Valley (see Table III-33 for a list of available homeless facilities in the Coachella Valley). Shelter from the Storm, which provides comprehensive services to victims of domestic violence in the Valley, operates its administrative offices in the City. Desert Horizon and Desert Vista permanent supportive housing is a program in the western Coachella Valley managed by Jewish Family Service of San Diego with 18 and 40 beds, respectively. Supportive services, 13 “CV Housing First Program Evaluation: Examining the Clients Served in the First Year: July 2017 to June 2018,” Health Assessment and Research for Communities, September 2018, page 55. Item 3A-98 TN/City of Palm Desert General Plan/Housing Element Housing Element III-76 including living skills, budgeting instruction, case management, employment assistance, food distributions, advocacy, and community referrals and access to benefits, are provided. Residents contribute 30% of their income based on HUD guidelines. Table III-33 Coachella Valley Homeless Facilities and Services Organization Name Facility Name Total Beds Emergency Shelter Coachella Valley Rescue Mission Overnight shelter (families with children, individuals without children) 251 Coachella Valley Rescue Mission Overnight shelter (individuals without children) 49 Martha’s Village and Kitchen Inc. Renewing Hope Emergency Shelter 120 Operation Safe House Desert Emergency Shelter 20 Path of Life Ministries Inc. CVAG Emergency Shelter Project 12 Shelter from the Storm Domestic Violence Emergency Shelter 20 County of Riverside, Desert Healthcare District and Foundation1 Summer Homeless Survival Program (seasonal emergency cooling centers in Cathedral City, Palm Springs, Desert Hot Springs) 90 (30 in each city) Subtotal 472 (year-round) 90 (seasonal) Transitional Housing Operation Safe House Harrison House (youth, young adults) 15 Subtotal 15 Rapid Rehousing Coachella Valley Rescue Mission Rapid Re-Housing 5 Coachella Valley Rescue Mission State-funded Rapid Rehousing 13 Path of Life Ministries Inc. CVAG Rapid Re-Housing 2 Subtotal 20 Permanent Supportive Housing Desert AIDS Project Vista Sunrise Apartments 80 Jewish Family Services Desert Horizon 18 Jewish Family Services Desert Vista 40 Jewish Family Services Permanent Supportive Housing Expansion (new in 2018) 35 Riverside University Health System – Behavioral Health Behavioral Health – Coachella Valley Permanent Housing 25 Subtotal 118 Sources: “The Path Forward: Recommendations to Advance an End to Homelessness in the Coachella Valley,” Barbara Poppe and Associates, November 27, 2018, Appendix 3. 1 dhcd.org. Item 3A-99 TN/City of Palm Desert General Plan/Housing Element Housing Element III-77 The City also addresses homelessness at the local level. It contracts with Riverside University Health System to provide a Behavioral Health Specialist and a Mental Health Peer Support Specialist in Palm Desert. It also contracts with the County of Riverside for a Homelessness Assistance Program in which two staff members offer resources through daily street outreach efforts. The City has awarded CBDG funds to local charities, including Martha’s Village & Kitchen, Coachella Valley Rescue Mission, and Catholic Charities, for the provision of homeless services, such as food, equipment, consumable supplies, and energy upgrades. The City permits homeless shelters in the Service Industrial (SI) zone. There are 344.17 acres of serviced, vacant land in this zone in the City, ranging in size from 1-20 acres. The Service Industrial zone is appropriate for such facilities because these lands are located on transit lines, near commercial and school sites, and in areas where other governmental services are available. The City currently has no requirement for parking for emergency shelters. AB 139 requires that parking be provided for employees of emergency shelters. Program 5.D. requires that the City add this requirement to the Zoning Ordinance in 2021-2022, as part of its annual Zoning Ordinance update. The City allows transitional and supportive housing in all residential districts subject to only those restrictions that apply to other residential uses of the same type in the same zone. The General Plan allows for an additional 8,049 residential units on 610 acres of vacant land in the City, in a range of densities, which will accommodate the City’s need for transitional and supportive housing. Seniors The Coachella Valley has a long-established reputation as a popular retirement destination. In 2018, the City had 17,582 residents over the age of 65, representing 33.7% of the population. These seniors were in a total of 11,302 households. Home ownership data shown in the table below indicates that approximately 22% of seniors are renters, and 78% are homeowners. Table III-34 City of Palm Desert Householders 65 Years and Over, by Tenure Householder Age Owner-Occupied Renter-Occupied Households % Households % Total, City of Palm Desert 14,842 100.0 9,272 100.0 Total, Non-Senior Households 6,018 40.5 6,794 73.3 Total, Householders 65 Years & Over 8,824 59.5 2,478 26.7 65 to 74 years 4,389 29.6 1,124 12.1 75 to 84 years 3,203 21.6 647 7.0 85 years and over 1,232 8.3 707 7.6 Source: American Community Survey 2014-2018 5-Year Estimates, Table B25007 According to the American Community Survey, an estimated 1,590 seniors have incomes below the poverty level, which represents 9.0% of all seniors in the City. The 2020 federal poverty guideline for one person is $12,760. The major source of income for most seniors is Social Item 3A-100 TN/City of Palm Desert General Plan/Housing Element Housing Element III-78 Security, and the average Social Security monthly benefit is $1,503.14 Therefore, a single senior paying 30% of their monthly Social Security income on housing costs would pay $451 toward housing costs. However, Palm Desert median rents are $974 for a one-bedroom unit. A two-person senior household would have $902 available for housing costs, which would be sufficient for a one-bedroom unit. Therefore, Social Security alone cannot adequately cover housing costs for seniors living alone in the City. Table III-35 Senior Incomes Below the Poverty Level Age Group No. of Residents with Income in Past 12 Months Below Poverty Level 65 to 74 years 847 75 years and over 743 Total 1,590 Source: 2014-2018 ACS 5-Year Estimates, Table B17001 Special considerations affecting senior households include income limitations, access to health care and transportation, accommodations for physical disabilities and limitations, and long-term care concerns. Senior housing needs can include low-income apartments, retirement communities, independent living centers, assisted living centers, nursing homes, and hospice care centers. There are seven senior apartment projects in the City which are owned and operated by the Housing Authority, providing 380 units for very low, low and moderate income senior households. Nursing care facilities in the City include the Carlotta, with 192 beds; Manorcare Health Services, with 178 beds; and Monterey Palms, with 99 beds. Numerous senior communities are located in the City, including Atria Palm Desert, Atria Hacienda, Segovia, Palm Desert Senior Living Oahu Cottage, and Fountains at the Carlotta, Legend Gardens, which provide a range of services including medical transport, assistance with housekeeping and personal care, hospice and dementia care, and onsite recreational and social opportunities. Numerous senior support services are provided by various organizations, including those listed in the following table. Table III-36 Senior Resources Organization Services Provided Braille Institute Coachella Valley Neighborhood Center Rehabilitation, enrichment classes, in-home support for the visually impaired The Joslyn Center Health/fitness programs, social events, classes, Wellness Center, food distribution Eisenhower Memory Care Center Adult day center for neuro-cognitive impairments FIND Food Bank Food distribution Hidden Harvest Food distribution Jewish Family Services of the Desert Advocacy, case management services Riverside County Office on Aging Medical case management, counseling, transportation assistance, meals 14 Social Security Administration Fact Sheet, December 2019 Beneficiary Data. Item 3A-101 TN/City of Palm Desert General Plan/Housing Element Housing Element III-79 Table III-36 Senior Resources Organization Services Provided Salvation Army Food distribution, social events, community programs Senior Advocates of the Desert Public benefits and social services assistance, emergency financial assistance SunLine Transit Agency For seniors and disabled residents: Half-Fare Program, Taxi Voucher Program, SunDial paratransit service, bus travel training The City’s Senior Housing Overlay provides flexible development standards for a variety of housing for residents age 55 and over, including attached or detached units for sale or rent and associated recreational facilities. Persons with Disabilities This population includes individuals with mental and physical disabilities that may require affordable housing with convenient access to public transportation and health care services, as well as structural adaptations to accommodate wheelchairs and other assistive devices. Housing needs can include independent home environments, homes with special modifications and design features, supervised apartments, inpatient and outpatient treatment programs, and senior care facilities. Individuals who are unable to work because of disability may require income support, and their limited incomes can severely restrict their ability to pay for housing and living expenses. The 2018 ACS identified 7,901 persons in the City with disabilities, of which 4,593 (58.1%) were persons over the age of 65. Individuals may be affected by one or more types of disability. The table below identifies the number of disabilities, by type, for Palm Desert residents. The most prevalent disabilities are ambulatory difficulties (26.3%) and hearing difficulties (19.5%). Item 3A-102 TN/City of Palm Desert General Plan/Housing Element Housing Element III-80 Table III-37 City of Palm Desert Number of Disabilities, by Disability Type Number of Disabilities Percent of Total Disabilities Disabilities, ages 0-17 Hearing Difficulty 101 0.7% Vision Difficulty 182 1.3% Cognitive Difficulty 204 1.4% Ambulatory Difficulty 42 0.3% Self-Care Difficulty 8 0.1% Independent Living Difficulty * * Subtotal, ages 0-17 537 3.7% Disabilities, ages 18-64 Hearing Difficulty 549 3.8% Vision Difficulty 700 4.9% Cognitive Difficulty 1,170 8.1% Ambulatory Difficulty 1,405 9.8% Self-Care Difficulty 615 4.3% Independent Living Difficulty 1,004 7.0% Subtotal, ages 18-64 5,443 37.8% Disabilities, ages 65+ Hearing Difficulty 2,153 14.9% Vision Difficulty 776 5.4% Cognitive Difficulty 981 6.8% Ambulatory Difficulty 2,347 16.3% Self-Care Difficulty 748 5.2% Independent Living Difficulty 1,423 9.9% Subtotal, ages 65+ 8,428 58.5% Total Disabilities 14,408 100% Total Civilian Non-Institutionalized Population with a Disability 7,901 Source: American Community Survey 2014-2018 5-Year Estimates, Table S1810. * data not provided Facilities that provide specialized accommodations and services for the disabled are located in the City and Coachella Valley region and are identified in the “Seniors” discussion above, and “Persons with Developmental Disabilities” section below. In addition, Desert Vista Permanent Supportive Housing, a HUD-funded program, provides housing and services to 40 homeless individuals with disabilities. Clients pay up to 30% of their income based on HUD guidelines. The California Building Code requires that all new multi-family construction include a percentage of units accessible to persons with disabilities. The City of Palm Desert Building Department requires compliance with these standards as part of the Building Permit review and inspection Item 3A-103 TN/City of Palm Desert General Plan/Housing Element Housing Element III-81 process. The City’s affordable housing projects include units for persons with disabilities. The City has housed between 91 and 188 disabled persons in its properties annually in recent years, varying from year to year. The City adheres to State guidelines regarding handicapped access and promotes the use of principles of architectural design that aid the disabled. The Americans with Disabilities Act (ADA) requires all new multi-family construction to include a percentage of units accessible to persons with disabilities. The City monitors and requires compliance with these standards as part of the building permit review, issuance, and inspection process. The City imposes no special requirements or prohibitions on the development of housing for persons with disabilities, beyond the requirements of the Americans with Disabilities Act. There is no concentration restriction for residential care homes. State and federal law does not permit the City to regulate group homes of 6 or fewer residents. Group homes of 7 or more residents are permitted, with approval of a conditional use permit, in the RE, R-1, R-2, HPR, and PR zones. Zoning Code Section 25.64.050 allows for reasonable accommodations in zoning and land use regulations, policies, and practices when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling. Persons with Developmental Disabilities Per Senate Bill No. 812, the Housing Element must include analysis of the special housing needs of individuals with developmental disabilities. A developmental disability is defined by Section 4512 of the Welfare and Institutions Code as “a disability that originates before an individual becomes 18 years old, continues or can be expected to continue indefinitely, and constitutes a substantial disability for that individual.” This includes intellectual disabilities, cerebral palsy, epilepsy, autism, and related conditions, but does not include other handicapping conditions that are solely physical in nature. The California Department of Developmental Services (DDS) implements a statewide system of community-based services for people with developmental disabilities and their families. DDS contracts with the Inland Regional Center (IRC) in Riverside to provide and coordinate local services in Riverside County, including the City of Palm Desert. IRC currently (2021) serves 234 clients who are Palm Desert residents. Housing needs for individuals with developmental disabilities can range from traditional independent living environments, to supervised group quarters, to institutions where medical care and other services are provided onsite. Important housing considerations for this group include proximity to public transportation, accessibility of the home and surroundings, access to medical and other public services, and affordability. A variety of housing options and support services in the Coachella Valley are provided by local and regional service agencies, including the following: • Angel View, a non-profit organization based in Desert Hot Springs, operates 19 six-bed group homes for children and young adults with developmental and physical disabilities. The Item 3A-104 TN/City of Palm Desert General Plan/Housing Element Housing Element III-82 homes provide 24-hour nursing and/or attendant care and can accommodate 100+ individuals at a time. There are 16 homes in the Coachella Valley, including 12 in Desert Hot Springs, 3 in Palm Springs, and 1 in Thousand Palms. • The Inland Regional Center uses person-centered planning when developing a Consumer’s Individual Program Plan (IPP). The IPP outlines the goals developed by the Consumer and their support team, as well as the services and supports they will receive to help achieve those goals. Many of the services/supports listed in the IPP are funded by Inland Regional Center. However, services and supports may also be provided by other agencies, such as the Social Security Administration, school districts, county agencies, etc. • Casas San Miguel de Allende in Cathedral City includes 48 apartment units for individuals with special needs or long-term disabilities. • Canyon Springs in Cathedral City is a State developmental center operated by DDS. It provides residential services, treatment, and job training for up to 55 adults with intellectual and developmental disabilities. Referrals for admission are made by the Inland Regional Center. Each person is assessed and participates in developing and carrying out an Individual Program Plan. Residents have opportunities to participate in a variety of integrated activities in natural environments at home, at work, and in the community. Other local agencies provide additional support services to the developmentally disabled population. Desert Arc, a non-profit organization based in Palm Desert, provides vocational training and employment to adult clients with developmental disabilities in the Coachella Valley and Morongo Basin. It operates on-site businesses at its primary campus in Palm Desert and two smaller workshop facilities. Most clients are placed by the Inland Regional Center. Of its 695 clients in 2019, 71 are Palm Desert residents. The City has a long-standing relationship with Desert ARC. During the 2014-2021 planning period, the City awarded it approximately $201,000 across four projects for various ADA facility improvements. The City is working with prospective developers to develop Arc Village, an entitled project that proposes 32 one-bedroom and 4 two-bedroom affordable housing units, a community center, swimming pool, and recreational space for special needs adults on the Desert Arc campus. The project would offer proximity to transit, Desert Arc, and its services and job opportunities. The City continues to work to facilitate completion of this project. Through its building permit review and inspection process, the City adheres to the Americans with Disabilities Act and California Building Code, which require that all multi-family development include a percentage of units that are accessible and “barrier-free” to disabled residents. The City will continue to coordinate with the Inland Regional Center and other appropriate agencies and organizations that serve this population. The City will continue to encourage developers to reserve a portion of affordable housing projects for the disabled, including those with developmental disabilities, and will continue to identify and pursue funding sources for special needs housing. Extremely Low-Income Households Extremely Low-Income (ELI) households are defined by HCD as those which earn less than 30% of the area median income (AMI). ELI households are a subset of the very low-income household category in a region. The AMI for a 4-person household in Riverside County is $75,300. ELI Item 3A-105 TN/City of Palm Desert General Plan/Housing Element Housing Element III-83 household incomes are defined by HCD and HUD as those earning less than $26,200.15 These households are sensitive to unexpected changes in income and expenditures and typically require assistance for housing.16 Existing Needs Comprehensive Housing Affordability Strategy (CHAS) data are compiled by HUD to evaluate housing problems and needs, particularly for low income households, based on Census data. According to the latest CHAS data, 2,815 households (11.9% of total households) in Palm Desert are considered extremely low-income. More than half (55%) of ELI households are renters. Of all ELI households, the majority (82.6%) experience housing problems, including incomplete kitchen and plumbing facilities, overcrowding and severe overcrowding, and cost burden greater than 30% of income (overpayment). Nearly 82% are in overpayment situations, and 73.2% are in severe overpayment situations in which housing costs are greater than 50% of household income. Table III-38 Housing Problems for Extremely Low-Income Households Owners Renters Total Total Number of ELI Households 1,270 1,545 2,815 Percent with any housing problems* 79.5% 85.1% 82.6% Percent with Cost Burden >30% of income 79.5% 83.5% 81.9% Percent with Cost Burden >50% of income 68.9% 76.7% 73.2% Total Number of Households 14,270 9,455 23,730 * housing problems include incomplete kitchen facilities, incomplete plumbing facilities, more than 1 person per room (overcrowding), and cost burden greater than 30% of income. Source: U.S. Department of Housing and Urban Development, CHAS, based on the 2012-2016 ACS. Projected Needs To calculate projected ELI housing needs, the City assumed 50% of its very low income Regional Housing Need Assessment (RHNA) consists of ELI households. From its very low income need of 675 units (see Table III-38), the City has projected a need of 337 units for ELI households. Housing Options Currently, more than 28% of the units within the City-owned affordable housing portfolio are designated for extremely low-income households. Extremely low income households are also eligible to receive rental assistance through the County of Riverside Housing Authority’s Housing Choice Voucher (Section 8) program. Small ELI households may also find affordable housing in Single Room Occupancy (SRO) hotels, accessory dwelling units (ADUs), and guest houses, which are typically affordable options. SROs are permitted in the SI zoning district with a Conditional Use Permit. ADUs are permitted in the RE, R-1, R-2, R-3, HPR, and PR zoning districts. Guest dwellings are permitted in the RE, R-1, R-2, HPR, and PR zoning districts. 15 Per HUD, the Extremely Low Income (ELI) income limit is the greater of either: 1) 60% of Very Low Income limit ($37,650), which equals $22,590, or 2) poverty guideline established by Dept. of Health and Human Services (HHS), which equals $26,200. 16 Palm Desert Housing Authority follows HCD requirements (not HUD) for ELI households. Item 3A-106 TN/City of Palm Desert General Plan/Housing Element Housing Element III-84 Large Households Large households (those with 5 or more people) require larger homes with more bedrooms and may find it difficult to locate adequate and affordable housing if there is a limited supply of larger units. The cost of larger homes is typically higher than smaller units, and large families can experience a higher cost burden associated with housing. The 2018 ACS indicates there were 1,013 households with five or more persons in the City, which constitutes 4.2% of all households. This represents a 5.9% decrease from year 2011 (1,076 households). Of large households, 411 (40.6%) are owners and 602 (59.4%) are renters. ACS also identified a total of 2,446 housing units with 4 or more bedrooms, or 10.2% of all housing units in the City. This may suggest that there are generally a sufficient number of larger housing units to accommodate larger families. Table III-39 City of Palm Desert Household Size, by Tenure Household Size Owner-Occupied Renter-Occupied Households % Households % 1 person 4,897 33.0% 3,803 41.0% 2 persons 7,208 48.6% 3,108 33.5% 3 persons 1,602 10.8% 1,110 12.0% 4 persons 724 4.9% 649 7.0% 5 persons 302 2.0% 269 2.9% 6 persons 94 0.6% 200 2.2% 7 persons or more 15 0.1% 133 1.4% Total Households 14,842 100.0% 9,272 100.0% Total Households with 5+ Persons 411 2.8% 602 6.5% Source: American Community Survey 2014-2018 5-Year Estimates, Table B25009 Table III-40 City of Palm Desert Number of Bedrooms, by Tenure No. of Bedrooms Owner-Occupied Renter-Occupied Total Occupied Units No. of Units % No. of Units % No. of Units % 0 bedrooms 122 0.8% 572 6.2% 694 2.9% 1 bedroom 160 1.1% 2,511 27.1% 2,671 11.1% 2 bedrooms 5,838 39.3% 4,319 46.6% 10,157 42.1% 3 bedrooms 6,492 43.7% 1,654 17.8% 8,146 33.8% 4 bedrooms 1,926 13.0% 216 2.3% 2,142 8.9% 5+ bedrooms 304 2.0% 0 0.0% 304 1.3% Total 14,842 100.0% 9,272 100.0% 24,114 100.0% Source: American Community Survey 2014-2018 5-Year Estimates, Table B25042 Item 3A-107 TN/City of Palm Desert General Plan/Housing Element Housing Element III-85 Despite the number of 4+-bedroom dwelling units in the current housing stock, renters occupied the majority (77.3%) of overcrowded units. Only 216 of 2,446 units with 4 or more bedrooms are rental units, indicating a need for additional large rental units. Prices for larger units tend to be affordable only to moderate and above moderate income households. Large, very low income households may find it difficult to find affordable and adequate housing. The City implements a number of housing programs to assist with finding adequate housing, including the provision of affordable housing units, mortgage and home ownership guidance, and home rehabilitation programs. Female-Headed Households Female-headed households can experience lower incomes, higher living expenses, higher poverty rates, and low rates of homeownership. Finding adequate and affordable housing is a high priority. Special considerations for this population include proximity to schools, childcare, employment, and health care. As shown in Table III-6, there are 2,858 single-parent-headed family households in Palm Desert, or 11.9% of all households. Male-headed family households comprise 4.3% of all households, and female-headed family households comprise 7.6%. The number of female-headed family households increased compared to 2010 (1,370 female-headed, 5.9% of total family households). ACS data from 2018 show of the estimated 1,828 households with a female householder (no husband present) in the City, approximately 41.3% had children under 18 years of age. Over one- third (34.8%) of all families with incomes below the poverty level are female-headed households. Table III-41 Female-Headed Household Characteristics Number Percent Total Households 24,114 100% Female-Headed Households, no spouse/partner present 1,828 7.6% Female-Headed Households with own children under 18 755 - Female-Headed Households without children under 18 1,073 - Total Families, Income in the Past 12 Months Below Poverty Level 2,098 100% Female Householders, Income in the Past 12 Months Below Poverty Level 731 34.8% Source: American Community Survey 2014-2018 5-Year Estimates, Table DP02; ACS 2018 Supplemental Estimates Detailed Table K201703 The City’s continued implementation of affordable housing projects, public outreach efforts on fair housing issues, and efforts to maintain affordability restrictions on affordable units will serve those female-headed households requiring housing assistance. Item 3A-108 TN/City of Palm Desert General Plan/Housing Element Housing Element III-86 Affordable Units at Risk There are 67 restricted ownership units in the City which are at risk of losing their affordability restriction. These units were built or rehabilitated by private parties, such as Habitat for Humanity and Building Horizons through various programs in the past or are within existing projects. These units are single family homes and mobilehomes distributed throughout the City. None of the currently affordable housing apartments in the City are at risk of losing affordability restrictions during or within 10 years of the planning period. Maintenance of at-risk ownership housing units as affordable will depend largely on market conditions, the attractiveness of financial incentives, if warranted. Because all 67 of the ownership units are individually owned, controlling and maintaining affordability is particularly difficult. The City will, however, be required to release the restriction when sales occur, and has an opportunity at that time to renew affordability covenants. Program 3.C. addresses the preservation of these units. Riverside County Income Limits Income limits for affordability are established annually on a regional basis by the Department of Housing and Community Development. Table III-42 provides the current (2020) income limits applicable in Palm Desert. The median household income for a family of four in 2020 is $75,300. Table III-42 Riverside County Housing Program Income Limits 2020 Number of Persons in Family Income Category 1 2 3 4 Extremely Low $15,850 $18,100 $21,720 $26,200 Very low $26,400 $30,150 $33,900 $37,650 Lower $42,200 $48,200 $54,250 $60,250 Moderate $63,250 $72,300 $81,300 $90,350 Median $52,700 $60,250 $67,750 $75,300 Source: HCD 2020 State Income Limits Households Overpaying for Housing When a household pays more than 30% of its income toward its housing expenses, it is considered to be overpaying. The Comprehensive Housing Affordability Strategy (CHAS) database, provided by HUD and based on American Community Survey data, describes the number of households, by income, with housing cost burdens. The latest CHAS data for the 2013-2017 period for Palm Desert are shown in the following table. Of all owner households, 35.6% are overpaying for housing, and 18.0% are severely overpaying. The percentages are higher when analyzing lower- income households as a group. Of all lower-income owner households, 67.8% are overpaying, and 44.7% are severely overpaying. Item 3A-109 TN/City of Palm Desert General Plan/Housing Element Housing Element III-87 The patterns are similar for renter households. Of all renter households, 48.2% are overpaying, and 24.7% are severely overpaying. Of all lower-income renter households, 77.0% are overpaying, and 46.1% are severely overpaying. Table III-43 Overpayment by Income Level, 2013-2017 Income Category1 Owners Renters Households Percent Households Percent Household Income less than or = 30% HAMFI: 1,270 1,545 Households overpaying 1,010 79.5% 1,290 83.5% Households severely overpaying 875 68.9% 1,185 76.7% Household Income >30% to less than or = 50% HAMFI: 1,195 1,215 Households overpaying 875 73.2% 1,125 92.6% Households severely overpaying 515 43.1% 725 59.7% Household Income >50% to less than or = 80% HAMFI: 2,020 2,250 Households overpaying 1,155 57.2% 1,445 64.2% Households severely overpaying 615 30.4% 400 17.8% Subtotal: All lower-income households 4,485 5,010 Subtotal: All lower-income HH overpaying 3,040 67.8% 3,860 77.0% Subtotal: All lower-income HH severely overpaying 2,005 44.7% 2,310 46.1% Household Income >80% to less than or = 100% HAMFI: 1,215 875 Households overpaying 530 43.6% 320 36.6% Households severely overpaying 240 19.8% 20 2.3% Household Income >100% HAMFI: 8,575 3,570 Households overpaying 1,505 17.6% 380 10.6% Households severely overpaying 325 3.8% 10 0.3% Total Households 14,270 9,455 Total Households Overpaying 5,075 35.6% 4,560 48.2% Total Households Severely Overpaying 2,570 18.0% 2,340 24.7% 1 HAMFI = HUD Area Median Family Income “Overpaying” is defined as spending >30% of gross household income on housing costs. “Severely overpaying” is defined as spending >50% of gross household income on housing costs. Source: U.S. Dept. of Housing and Urban Development, CHAS data for Palm Desert, based on 2013-2017 ACS. For all income levels, the 2013-2017 CHAS Databook identifies 5,075 owner households and 4,560 renter households paying 30% or more for housing, for a total of 9,635 households overpaying for housing. Affordability of Housing In order to determine the level of affordability for market housing in Palm Desert, a comparison of for-sale and for-rent market housing was undertaken. Table III-44 illustrates that a moderate income household of four in Palm Desert is able to find rental housing well within its ability to pay, but cannot afford to buy a median priced home. The table demonstrates that while rental units are affordable to moderate income households in the City, purchased units may not be affordable to these households. Item 3A-110 TN/City of Palm Desert General Plan/Housing Element Housing Element III-88 Table III-44 Affordability of Housing, 2021 Type of Housing Cost Ownership Rental Median Single- Family Purchase Price $485,000 N/A Median Mortgage Costs (PITI) $2,780 N/A Rental Rate N/A $1,260 (median) $1,691 (3- bedroom) 30% of Moderate Household Income $2,259 $2,259 Affordability Gap $521 No Gap ($568-$999 positive) Regional Housing Needs Assessment Allocation The State and Southern California Association of Governments (SCAG) develop housing allocations for each Housing Element planning period. The Regional Housing Needs Assessment (RHNA) is a minimum projection of additional housing units needed to accommodate projected household growth of all income levels during the upcoming planning period. For the 2022-2029 planning period, Palm Desert’s share of the RHNA is 2,790 housing units, segmented into five income categories as shown below. Table III-45 RHNA by Income Category, 2022-2029 Units Extremely Low Income 337 Very Low Income 338 Low Income 460 Moderate Income 461 Above Moderate Income 1,194 Total Units Needed 2,790 Item 3A-111 TN/City of Palm Desert General Plan/Housing Element Housing Element III-89 Quantified Objectives Housing Element law requires the City to estimate the number of affordable units likely to be constructed, rehabilitated, or conserved/preserved, by income level, during the upcoming (2022- 2029) planning period. As shown in the following table, the City reasonably expects that 2,790 housing units will be provided through new construction, and 67 through conservation. Table III-46 Quantified Objectives Matrix, 2022-2029 Income Category Activity Extremely Low Very Low Low Moderate Above Moderate Total New Construction 337 338 460 461 1,194 2,790 Rehabilitation 67 67 Conservation 67 67 LAND INVENTORY The City’s Regional Housing Needs Assessment for the 2022-2029 planning period projects that a total of 2,790 housing units will be needed in the City. Of these, 1,194 will be for above moderate income households, and 461 will be for moderate income households. In addition, the City expects to conserve a total of 67 units affordable to low income households, and rehabilitate 67 units with substandard sanitary facilities (see Quantified Objectives, above). Above moderate income units are expected to be market-driven, single-family homes traditionally built in the City. More than adequate approved projects are available for above moderate units, as shown in Table III-48. Moderate income units are expected to be a combination of market rate rental units and assisted units, based on the analysis provided in Table III-44, which shows that rental units are affordable to moderate income households, but ownership units are not. Two moderate income sites, shown with an asterix in Table III-47, are included in the Vacant Land Inventory to demonstrate that there is sufficient capacity for these units. The sites are identified as “DD” and “H” in the Table and on the land inventory map, and will result in 574 units, which exceeds the RHNA allocation of 461 units. Site DD (The Sands, described below) is entitled. Site H has completed a pre-application review, and is currently being processed. The remaining 1,135 housing units required for RHNA are for extremely low, very low, and low income households. The City has identified vacant land that will allow the development of 1,475 units for extremely low, very low and low income households, as shown in Table III-47. These lands include a combination of approved projects, projects currently being entitled, and vacant lands which all have the Housing Overlay District. Item 3A-112 TN/City of Palm Desert General Plan/Housing Element Housing Element III-90 Land in the southern portion of the City is mostly built out, with only infill development opportunities available at higher densities. The Land Use Element increased densities and provides for the redevelopment of the downtown, including the San Pablo area, with a particular focus on more urban housing environments in flanking neighborhoods. The Land Use Element also includes the University Park area, which is designed to accommodate higher density. Table III-47 lists the available vacant lands in the City by Assessor’s Parcel Number and provides the size of each parcel and the potential number of units that could be developed on each. All lands shown in the Table have all utilities available immediately adjacent to them, including water, sewer, electricity, and natural gas. As shown on the corresponding map, inventory lands are geographically distributed throughout the City and not concentrated in any areas. As such, they affirmatively further fair housing principles. Lands provided in the inventory have been calculated at a density of 15 to 23 units per acre. The density range assumes that 80% intensity will be achieved based on: an average unit size of 1,000 square feet, 28 units per acre can be achieved with 3-story buildings, which is the current height limit in the Planned Residential (PR) zone. This also assumes common area open space in compliance with Zoning requirements, and surface parking. As this zone allows building coverage of 40%, there is more than sufficient space to accommodate the density assumed in the inventory. Further, the density assumptions are conservative compared to typically built densities in each of the zones. The most recent affordable housing projects built in the City were constructed at densities of 15 to 28 units per acre, including Carlos Ortega Villas, at 13 units per acre , and the City currently has entitled or proposed affordable housing projects at densities of 17.5 to 27 units per acre on parcels of 10 acres or more: • The Sands, Site DD: 388 units on 17.5 acres (22/acre); • Pacific West, Site B, 269 units on 12 acres (23/acre); • Millennium private site, Site H, 330 units on 15 acres (22/acre), and • Millennium City site, Site C, 240 units on 10 acres, 24/acre). In addition to these projects, the City of La Quinta, east of Palm Desert, developed the Coral Mountain Apartments in 2018, providing 176 units on 11 acres of land, at a density of 16 units per acre. The capacity of sites D and F has been calculated based on the projects that have been entitled in the City and region, at 20 units per acre. Discussions with the developers of sites B and H have shown that the projects are well under way, and that both developers believe that their densities are the maximums that they can market to families in the desert. Those same developers have also assured the City that they have financing well in hand from private equity sources, which will ensure that the projects will be constructed. In addition, the City has reviewed the proformas for the projects proposed on sites B and C, which show that they can be feasibly constructed and provide a positive return on investment for the developers. Therefore, the feasibility of development of sites D and F at the densities described in Table III-47 is considered high. All four of the projects in the City and the La Quinta project are on large sites (10 acres or more), and have been built, entitled or are in the entitlement process. Significantly, the two most recent projects in which the City is participating, the Pacific West and Millennium City site, are 10 acres or more. Large sites are also included in Table III-47, sites A and F are both planned for larger sites. Although the sites are feasible at 15 and 16 acres, respectively, Program 1.F is also provided to encourage subdivision of these parcels to smaller sites, with the provision of incentives. Item 3A-113 TN/City of Palm Desert General Plan/Housing Element Housing Element III-91 As described on page III-46, Infrastructure Requirements, water, sewer and dry utilities are all in place throughout the City, immediately adjacent to all the sites listed in Table III-47. The current pattern of projects being proposed in the City also shows that large sites are not constrained from development, as all four currently proposed projects listed here are on sites of 10 acres or larger. In addition, when the City adopted the Housing Overlay District, it placed it on all Inventory sites to increase capacity and allow higher densities on these properties. Table III-47 Vacant Land Inventory of Sites for Extremely Low, Very Low, Low and Moderate Income Units Map Key Assessor’s Parcel No. GP Zoning (all HOD)** Acreag e Allowable Density Realistic Density Potential Units Vacant Entitled Sites B 694-310-006 Town Center Neighborhood P.R.-20 12 of 68.2 4 to 20 22.5 269 DD 624-040-037 Town Center Neighborhood P.R.-17.5 17.66 17.5 17.5 78 DD* 624-040-037 Town Center Neighborhood P.R.-17.5 17.66 17.5 17.5 310 E 694-520-019 Small Town Neighborhood; Employment Center P.R.-19 5.62 19 18 17 694-520-020 Small Town Neighborhood; Employment Center P.R.-19 1.2 19 4 PP 624-441-014 Small Town Neighborhood P.R.-6 0.16 3 to 10 1 1 624-441-015 Small Town Neighborhood P.R.-6 0.16 3 to 10 1 1 624-441-016 Small Town Neighborhood P.R.-6 0.16 3 to 10 1 1 624-441-017 Small Town Neighborhood P.R.-6 0.16 3 to 10 1 1 624-441-018 Small Town Neighborhood P.R.-6 0.16 3 to 10 1 1 624-441-019 Small Town Neighborhood P.R.-6 0.16 3 to 10 1 1 624-441-020 Small Town Neighborhood P.R.-6 0.16 3 to 10 1 1 624-441-021 Small Town Neighborhood P.R.-6 0.16 3 to 10 1 1 624-441-022 Small Town Neighborhood P.R.-6 0.16 3 to 10 1 1 QQ 624-440-032 Small Town Neighborhood P.R.-6 0.14 3 to 10 1 1 624-440-033 Small Town Neighborhood P.R.-6 0.14 3 to 10 1 1 624-440-034 Small Town Neighborhood P.R.-6 0.14 3 to 10 1 1 Item 3A-114 TN/City of Palm Desert General Plan/Housing Element Housing Element III-92 Table III-47 Vacant Land Inventory of Sites for Extremely Low, Very Low, Low and Moderate Income Units Map Key Assessor’s Parcel No. GP Zoning (all HOD)** Acreag e Allowable Density Realistic Density Potential Units 624-440-035 Small Town Neighborhood P.R.-6 0.14 3 to 10 1 1 624-440-036 Small Town Neighborhood P.R.-6 0.14 3 to 10 1 1 Subtotal Entitled Sites 692 Vacant Sites in the Entitlement Process LL 627-122-003 Small Town Neighborhood R-2, HOD 0.16 3 to 10 20 3 627-122-013 Small Town Neighborhood R-2, HOD 1.27 3 to 10 20 25 H 694-190-087 Town Center Neighborhood P.R.22 14.97 22 22 44 H* 694-190-087 Town Center Neighborhood P.R.22 14.97 22 22 286 C 694-120-028 Town Center Neighborhood; Suburban Retail Center P.C.-(3), FCOZ 10 of 20.18 7 to 40 24 240 KK 622-370-014 Public Facility/Institu tional P 1.84 N/A N/A 36 Subtotal Sites in Entitlement Process 634 Vacant Sites A 685-010-005 Regional Retail P.C.-(3), P.C.D. 15 of 64.26 10 to 15 14 200 D 694-130-017 Town Center Neighborhood P.R.-22 8.43 22 20 169 694-130-018 Town Center Neighborhood P.R.-22 2.52 22 20 50 F 694-510-013 Town Center Neighborhood P.R.-22 7 of 16.32 22 20 326150 I 694-200-011 Town Center Neighborhood Neighborhood Center 5 of 81.5 20-40 22 110 J 694-200-022 Town Center Neighborhood Neighborhood Center 5 of 42.85 20-40 22 110 Subtotal Vacant Sites 745789 Total All Vacant Sites 2,071115 * Moderate Income Site ** All sites in this Table have been assigned the Housing Overlay District. Commercial Designated Sites Sites C and A are proposed on lands currently designated for Planned Commercial. In the case of Site C, the land is owned by the City, and is currently under contract for development of 240 affordable housing units for very low and low income households (please see discussion below, Pending Projects). This site has the HOD overlay, which allows parking reductions and fee waivers Item 3A-115 TN/City of Palm Desert General Plan/Housing Element Housing Element III-93 for the development of affordable housing units. Site A is part of a larger holding owned by a private party. The developer is preparing a Specific Plan which will include a minimum of 200 units affordable to very low and low income households. The Specific Plan, as allowed by State law, will include site-specific zoning standards to allow the development of these units. The Specific Plan submittal is expected in 2021-2022. Small Sites As described below, Site LL is City-owned, and will be developed for 28 units affordable to very low and low income households. The City will consolidate the lots when development occurs. In addition, the map provided below lists a site T. This site has been removed from the inventory, but consists of 6 vacant lots located on the south side of Fred Waring Drive, directly across from College of the Desert, and in close proximity to jobs and shopping opportunities on Highway 111. It is the City’s hope that these lots will be developed for affordable housing units, particularly for students and their families. However, since the City does not control these lots, they are not included in Table III-47. As shown in the Table, approximately 2,071 units could be constructed on lands which are currently available for multiple family residential development. As several of these sites are larger, Program 1.F has been provided to encourage the subdivision of these sites to facilitate multi-family development, even though currently proposed projects for affordable housing in the City are on sites of 10 to 15 acres. This inventory accommodates land needed for very low, low and moderate income households, although as described above, moderate income households can afford market rate rentals in the City currently. According to the Fair Housing analysis, the City has a low segregation level, no racially or ethnically concentrated areas of poverty, equal access to opportunity, and no disproportionate housing needs. The sites identified above will not exacerbate any such conditions. Pending Affordable Housing Developments The following affordable projects are either entitled or proposed and anticipated to be built during the planning period. Entitled Projects • The Sands Apartments (Site DD) on Hovley Lane is approved for a total of 388 multi- family rental units. Of those, 78 are required to be affordable for very low income households through an approved Development Agreement that requires that the units be deed restricted. The balance are expected to be market units which will be affordable to moderate income households based on the analysis provided in Table III-44, which shows that rental units are affordable to moderate income households. • Palm Desert 103 (Site E) will include 21 one and two-bedroom rental units reserved for moderate income residents required by conditions of approval, which require that the units be deed restricted. The project will be developed by a private party. • In May 2020, the City conveyed 14 vacant parcels on Merle Street to the Coachella Valley Housing Coalition (CVHC) for the development of 14 detached single-family, self-help ownership homes for very low and low income households. CVHC will deed restrict the Item 3A-116 TN/City of Palm Desert General Plan/Housing Element Housing Element III-94 homes when they are developed. The parcels closed escrow in December of 2021, and construction will start in April of 2022. CVHC will deed restrict 3 homes for very low income households, and 11 lots for low income households for a period of 45 years. These lots are shown on the inventory as sites PP and QQ. • Pacific West (Site B) The Successor Agency to the Palm Desert Redevelopment Agency (SARDA) is under contract for the sale of 10± acres immediately east of the Sherriff’s station on Gerald Ford Drive, for the development of 269 units affordable to be deed restricted for very low and low income households. The project was approved by the Planning Commission in July of 2021. The developer is actively involved in securing CDLAC/TCAC and other funding, and expects to begin construction in 2023. • Millennium Private site (Site H) will include 66 affordable rental units with 44 to very low and low income and 22 to moderate, within a 330 unit market rate/moderate income project on 10 acres. The affordability of the very low, low and moderate income units have been secured in an approved Development Agreement, and will require deed restrictions. The project is proposed by a private housing developer. The project is being designed, and a Precise Plan application is expected in October of 2021was approved in March of 2022, and the developer is currently working on construction plans.. Projects Pending Entitlements • Sagecrest Apartments (Site LL) will be rebuilt into a minimum of 28 units for very low and low income households with the implementation of the Housing Overlay. The Housing Authority is currently seeking proposals for this project. This Housing Authority project is located at the corner of Santa Rosa and San Pasqual. The project will require a Precise Plan approval when the developer is selected. The units will be deed restricted for very low and low income households, and renters will be required to show proof of income. The DDA for the project includes a requirement that the units be built by 2024. • Millennium Private site (Site H) will include 66 affordable rental units with 44 to very low and low income and 22 to moderate, within a 330 unit market rate/moderate income project on 10 acres. The affordability of the very low, low and moderate income units have been secured in an approved Development Agreement, and will require deed restrictions. The project is proposed by a private housing developer. The project is being designed, and a Precise Plan application is expected in October of 2021. • Millennium City site (Site C) The City is currently under contract for the development of 240 units affordable to very low and low income households on 10 acres of land. The units will be deed restricted. The project will be developed by a private housing developer on City land. Entitlement applications are expected in 2022, financing will be secured in 2023. and construction is expected in 2024. • Arc Village (Site KK) will include 36 affordable rental units, including 32 one-bedroom units and 4 two-bedroom units, for special needs adults adjacent to the Desert Arc campus. The project will be developed by a private party. This project will require a Previse Plan application. Item 3A-117 TN/City of Palm Desert General Plan/Housing Element Housing Element III-95 SARDA Sites Within the Successor Agency’s 170 acres located north of Frank Sinatra Drive, in the University Neighborhood Specific Plan, the City has identified two 5 acre sites (Sites I & J) that will be developed for affordable units for lower income households. The sites are immediately adjacent to Frank Sinatra Drive, have direct access to wet and dry utilities, and will be marketed in 2023 through Requests for Proposals, as part of the requirements of the Surplus Lands Act. The City intends to select a developer in 2023, with contractual requirements that the required 220 units be constructed by 2026. These entitled and pending entitlement projects will result in a total of 729 units affordable to very low and low income households, and 596 units affordable to moderate income households. With completion of these projects, the City will need to accommodate an additional 419 units for very low and low income households, and would have an excess of 135 moderate income units when all entitled and pending entitlement sites in Table III-47 are developed. Table III-47 also shows that the City has capacity for 745 units on vacant sites, almost double the 419 needed during the planning period to complete the RHNA. Table III-48 provides a list of entitled projects which will be available for market housing, to accommodate the City’s RHNA for the above moderate income category. These projects include plans for single family homes, condominiums and townhomes, and apartments. These projects are in various stages of development. Dolce is under construction. Stone Eagle, Big Horn Mountains, Big Horn Canyon, and Ponderosa Homes lots are recorded and only single family building permits are required. In the case of Montage, the project was approved in May, 2021 and is currently proceeding to record the Tract Map and secure grading and building permits. In the case of University Park, Millennium Apartments, Ponderosa Apartments, Precise Plan applications are required to allow development. University Park, the Santa Rosa Golf Course, the Catavina site and Villa Portofino require further subdivision and Precise Plan approvals. The various stages of development allow for staged development throughout the planning period. Item 3A-118 TN/City of Palm Desert General Plan/Housing Element Housing Element III-96 Table III-48 Vacant Above Moderate Income Sites Map Key Project Name Remaining Lots Projected Units 1 Stone Eagle 25 25 2 Big Horn Mountains 10 10 3 Big Horn Canyon 31 31 4 University Park – Phase I 1,069 1,069 5 University Park – Phase II 1,291 1,291 6 University Park – Phase III 196 196 7 Millennium Apartments 330 264 8 Former Santa Rosa Golf Course 300 300 9 Former Catavina Site 159 159 11 Villa Portofino – Lot 1 145 145 12 GHA Montage 63 63 13 Ponderosa Homes 99 80 14 Ponderosa Apartments 140 140 15 Dolce 127 127 16 Monterey Ridge 202 202 Total Units 4,187 4,102 The map below provides the location of the sites shown in the inventory tables. Item 3A-119 TN/City of Palm Desert General Plan/Housing Element Housing Element III-97 Item 3A-120 TN/City of Palm Desert General Plan/Housing Element Housing Element III-98 PUBLIC PARTICIPATION The first workshop held for the Housing Element update was with the Palm Desert Housing Authority Housing Commission on January 6, 2021. The Commission’s discussion centered on the City’s RHNA, the sites on the inventory, and the provision of units for seniors. The Commissioners indicated that senior units were needed at affordable rents, and that the upcoming planning period seemed to be well planned for, given the projects that were moving forward. The City made concerted efforts to reach all segments of the population for input into the Housing Element update. On January 21, 2021, the City held a workshop for the community in the late afternoon, to enable both housing advocates and developers as well as residents to attend, particularly because of the City’s high service and tourism employed residents, who work in the evenings. A mix of affordable housing developers, public agencies, interested parties and individuals were invited via email. Formal invitations were sent to 21 organizations, including Habitat for Humanity, Community Housing Opportunities Corp., Lift to Rise, and the Coachella Valley Housing Coalition. In addition, the workshop was advertised on the City’s web site, and in the Desert Sun newspaper. Accommodation was provided for persons requiring hearing or visual assistance, and translation services were also available for the virtual workshop, although none was requested from participants. Seventeen (17) people attended, and had an active and productive conversation. The workshop began with a short presentation, but was structured as a conversation among attendees, so that they could speak freely about issues of concern. Affordable housing developers, including CVHC and CHOC, indicated a strong desire to work with the City on projects, and clearly expressed their concerns regarding the funding of projects, which require too many funding sources in recent years. Strong support was expressed for the City’s increased density to 40 units per acre. The City concurs with developers’ concerns about funding sources, and has included programs for projects in this Element where the City will leverage its land to help with private developers’ funding applications. However, because of the Legislature’s removal of housing set aside for affordable housing, the City’s participation in projects will be more limited during the planning period, and the City’s focus in programs has shifted to work with private parties to construct the required units. A City Council study session was held on March 25, 2021, to discuss the status of the Housing Element update and the recently adopted RHNA allocation. The City Council listened to a staff- led presentation, and asked questions about various projects and sites on the City’s inventory. The focus of development in the University Park area for student and faculty housing for the future expansion of the universities in this area was considered a top priority. The Housing Element was posted on the City’s website in June of 2021. The City also held an additional Study Session with the City Council on amendments to the Housing Element on September 9, 2021. The City emailed all individuals and groups who had received or participated in its workshop to invite them to the Study Session. Following that Study Session, on September 10th, the revised Draft Element was posted on the City’s website, and notices sent to community organizations, all of the participants in the City’s previous workshops, and all those to whom workshop invitations had been sent to invite comments on the revised Element, prior to its resubmittal to HCD. No comments were received during this time. Item 3A-121 TN/City of Palm Desert General Plan/Housing Element Housing Element III-99 The Housing Element was posted on the City’s website in order to solicit public comment in September, 2021, November, 2021, and January, 2022. With each posting, the City solicited comments through its Facebook page and an email blast to residents, announcing the document’s availability and asking for public comments by email, letter or telephone. No comments were provided by the public. Finally, public hearings were held before the Planning Commission and City Council for the adoption of the Element, in February and March of 2022. The Element was posted to the City’s website in January, 2022, and Facebook posts and email blasts were sent to residents in advance of the public hearings. Moving forward, the City will annually hold community outreach activities as it implements the Housing Element, to seek out input from all segments of the community on issues of fair housing and affordability, as provided in Program 1.I and 4.B. It is important to note that the City’s extensive service and tourism economy results in a high number of lower income residents who work at night, and that these workshops should be held both during the day and in the evening, to encourage participation. Item 3A-122 TN/City of Palm Desert General Plan/Housing Element Housing Element III-100 GOALS, POLICIES AND PROGRAMS Goal 1 A variety of housing types that meet all of the housing needs for all income groups within the City. Goal 2 The preservation and maintenance of the high quality of the City’s affordable housing supply. Goal 3 The City shall affirmatively further fair housing through new affordable housing developments, information dissemination and education for stakeholders, and collaboration with local and regional organizations and agencies. Policy 1 New affordable housing projects shall be encouraged in all areas of the City. Special attention will be made to distributing the units so that large concentrations of affordable housing in any one area are avoided. Program 1.A The City shall work with affordable housing developers, non-profit agencies and other stakeholders to implement the following affordable housing projects for extremely low, very low, low and moderate income households during the planning period. • 21 units at Palm Desert 103 (Site E): annually contact the landowner and provide them with current City programs and incentives for the construction of the remaining units within the project. Meet with the land owner annually, and provide the requirements of the Development Agreement for the site to encourage its development. • 36 units at Arc Village (Site KK): For this Housing Authority-owned site, the Housing Authority and City will continue to work with Desert ARC and affordable housing developers to secure funding for these units with priority to developmentally disabled persons. The Housing Authority and City will participate in the preparation of applications for State funding and reinstate funding assistance when an application is prepared. The Housing Authority and City will promote the site to developers through its website, and annually meet with Desert ARC to encourage development. • 66 units at Millennium (Site H): the City will continue to work with the developer to process the pending entitlements and finalize the affordable housing covenants consistent with the existing Development Agreement. The project was approved in March of 2022 and the developer is working on construction drawings.The application is expected to be reviewed by the Planning Commission by March of 2022. Responsible Agency: Community Development Department and Housing Authority Schedule: Continuous as these projects move forward Item 3A-123 TN/City of Palm Desert General Plan/Housing Element Housing Element III-101 Program 1.B The City shall pursue the planning and implementation of the following projects for extremely low, very low, low and moderate income households during the planning period. The City will utilize public-private partnerships, grants and third party funding for these projects, and density bonus incentives. • 240 units at Millennium City Site (Site C): the City shall enforce the terms of its existing agreement with the developer of this project, including maintaining project schedules and expediting processing of applications. A minimum of 15% of the units will be reserved for extremely low income residents. Entitlement applications are expected in 2022, financing will be secured in 2023. and construction is expected in 2024. • 28 units at Sagecrest Apartments (Site LL): the City will complete the RFP process in 2022, and establish an agreement with the successful developer for construction of the units by 2025. A minimum of 15% of the units shall be reserved for extremely low income residents. The DDA for the project includes a requirement that the units be built by 2024. • 269 units at Gerald Ford, west of Portola (Site B): the City will maintain the schedule established in the existing agreement with the developer, participate in funding applications, and participate in the funding through the existing land sale agreement, to reach completion of construction by 2024. The project was approved by the Planning Commission in July of 2021. The developer is actively involved in securing CDLAC/TCAC and other funding, and expects to begin construction in 2023. • 220 units on two 5 acre sites at the 170 acre SARDA property west of Cook Street, and north of Frank Sinatra Drive (Sites I and J): SARDA will implement the Surplus Lands Act and market the sites for affordable housing through RFPs to be issued in 2023, and DDA requirements for construction by 2026. A minimum of 15% of the units shall be reserved for extremely low income residents. Responsible Agency: Community Development Department and Housing AuthoritySARDA Schedule: As described above, 2022-20252026 Program 1.C The City shall encourage and facilitate the development by private parties of the following projects for extremely low, very low, low and moderate income units: • 200 units at Key Largo (Site A): the City will continue to work with the land owner in the completion of entitlement applications for the site, including the provision of Density Bonus incentives, fee waivers and other incentives as appropriate. The City will meet with the developer annually, and encourage the completion of the Specific Plan by December of 2024, and construction beginning in January of 2026. • 78 units at the Sands (Site DD): the City will maintain contact with the land owner and participate in funding efforts as the developer applies for TCAC and other funds for the project. The City will process the pending application amendments by June of 2022, and assist in the preparation of funding applications by March of 2023, and construction beginning by June of 2024. Item 3A-124 TN/City of Palm Desert General Plan/Housing Element Housing Element III-102 The City will offer incentives, including Density Bonus, fee waivers and reduced building permit fees for those projects including a minimum of 15% of units affordable to extremely low income households. Responsible Agency: Planning Department Schedule: As provided above. Program 1.D As a key long-term strategy to meaningfully assist fair housing protected classes, the City shall continue to implement the Self Help Housing program when funds are available. The City will work with agencies such as Habitat for Humanity and Coachella Valley Housing Coalition to identify funding and the location of these units. This includes the construction of the 14 homes on Merle, secured with CVHC. The City will implement the provisions of its agreement with CVHC to assure the completion of the 14 self-help units by 2024. Responsible Agency: Housing Authority Schedule: 2022-2024 for Merle lots, annually throughout planning period Program 1.E The City shall maintain its inventory of sites zoned for PR-20 or more, and R-3, and shall encourage the incorporation of extremely low, very low, low and moderate income housing units into these projects as they are brought forward. These sites are included in the Vacant Land Inventory (Table III-47), have been assigned the Housing Overlay District, and will be required, consistent with AB 330, to meet the densities cited in the Inventory. The City will post Table III- 47 on its website immediately upon adoption of the Element. The City shall, as part of its Annual Progress Report to HCD, analyze whether any Inventory site has been developed at a density less than that shown in Table III-47, and how any reduction was offset to assure that the City’s RHNA allocation can be met (no net loss). Responsible Agency: Planning Department. Schedule: 2022 for posting of Table III-47, April of each year for Annual Progress Report. Program 1.F Although the affordable housing projects currently approved or being entitled in the City occur on parcels of 10 acres or more, the City will encourage further land divisions resulting in parcel sizes that facilitate multifamily development affordable to lower income households in light of state, federal and local financing programs (50-100 units) as development proposals are brought forward for sites A and F. The City will discuss incentives available for land divisions (2-5 acres) encouraging the development of housing affordable to lower income households with housing developers as proposals are brought forward. The City will offer incentives for land division encouraging the development of affordable housing including, but not limited to: • priority to processing subdivision maps that include affordable housing units, • expedited review for the subdivision of larger sites into buildable lots where the development application can be found consistent with the Specific Plan, • financial assistance (based on availability of federal, state, local foundations, and private housing funds). Responsible Agency: Planning Department Schedule: As projects are proposed Item 3A-125 TN/City of Palm Desert General Plan/Housing Element Housing Element III-103 Program 1.G The City shall establish a pilot program to encourage development of ADUs and JADUs that are dedicated as affordable units and made available for rent to low-income households for at least 30 years. The City program could include an incentive such as floor area bonus for the property owner; reductions in building plan check fees, and/or inspection fees. Responsible Party: Planning Department Schedule: Develop and publish program on City website: 2021-2022, with regular Zoning Ordinance update Program 1.H The City shall establish an SB 35 planning application and process that contains the requirements of the law, the required objective development standards, and the processing requirements for these projects. Responsible Agency: Planning Department. Schedule: June December 2022 Program 1.I The City shall encourage community participation throughout the planning period, by holding annual workshops which focus on outreach to a broad range of the population and economic segments of the City. Workshops will be advertised in English and Spanish, and will be posted on all the City’s social media channels and website, and distributed to housing advocacy groups in the City and region. Workshops should be held at varying times during the week, including evenings, to allow working residents to attend. Responsible Agency: Housing Authority, Planning Department. Schedule: Annually throughout the planning period. Policy 2 The City shall encourage the rehabilitation of existing housing units through a variety of programs. Program 2.A The City shall consider CDBG funds for the Home Improvement Program for single family homes by providing grants and low interest loans to program participants, with a focus on the 67 units identified as having substandard kitchen and bath facilities, and continuing to refer residents to the existing HVAC replacement program offered by SCE. The HIP program will be provided to the extent that funding is available, to up to eight households each year, and referrals made for the SCE replacement program as they are received, on average to 7 residents annually. Responsible Agency: Housing Authority Schedule: Annually with adoption of CDBG program funding Program 2.B The City shall develop a program for homeowner assistance for the rehabilitation of older and substandard housing units, with a target of assisting 8 units annually throughout the planning period. Funding sources to be considered include CDBG, HIP, and other programs as identified. Responsible Agency: Community Development Department Schedule: Annually as funds are available Item 3A-126 TN/City of Palm Desert General Plan/Housing Element Housing Element III-104 Policy3 The City shall preserve existing affordable housing units. Program 3.A The Housing Authority shall continue to subsidize affordable housing units it owns now and in the future using operating revenues. Responsible Agency: Housing Authority Schedule: Annually in the Housing Authority Budget Program 3.B The Housing Authority shall maintain the existing resale restrictions and other subsidies on 301 ownership units. Responsible Agency: Housing Authority Schedule: Throughout the planning period Program 3.C The City will research and identify ownership of the 67 ownership units at risk of losing affordability covenants during or immediately following this planning period, and work with owners to extend these covenants. Incentives could include: • financial assistance for the extension of covenants. • Offer HIP major rehabilitation loans to homeowners to secure extended restrictions. Responsible Agency: Housing Authority Schedule: Throughout planning period, one year prior to covenant expiration Program 3.D The Housing Authority owns approximately 1,114 existing rental housing units and will strive to maintain its ownership and/or long term affordability of these units by a third party. Should the Housing Authority sell any of its properties, the sale will include a deed restriction assuring that the same affordability levels as occur prior to sale are maintained for a period of at least 55 years. Responsible Agency: Housing Authority Schedule: Annually in the Housing Authority Budget Program 3.E To ensure adequate access to opportunities for fair housing protected classes, such as families with children and lower income households, the City will host meetings between affordable housing developers and social service agencies when new projects are developed throughout the community to encourage the integration of services such as child care, job training, vocational education, and similar programs into new affordable housing projects through direct contact with both parties. The City will target a minimum of one integrated service in each project developed during the planning period. For on-site child care, the City shall consider allocation of the City’s Childcare Mitigation Fee to new projects which provide the service. Responsible Agency: Housing Authority, Community Development Department Schedule: As projects are proposed Item 3A-127 TN/City of Palm Desert General Plan/Housing Element Housing Element III-105 Policy 4 The City shall continue to strive to meet the State-mandated special shelter needs of large families, female headed households, single parent families, senior citizens, and disabled individuals and families, and shall consider including units for such households in its projects. Program 4.A The City shall continue to enforce the provisions of the Federal Fair Housing Act. The City shall continue its referral program to the Fair Housing Council of Riverside County, and shall maintain information at City Hall and affordable housing complexes. Brochures and flyers shall be available at Housing Authority properties, the Public Library, and City Hall, and at County social service agency offices in the City, in order to assure that they are available to all community members. Responsible Agency: City and Housing Authority Schedule: Brochures updated and refilled as needed to assure they are always available. Program 4.B The City shall work with the Senior Center and other appropriate agencies including the Fair Housing Council of Riverside County and nonprofit groups (e.g. Habitat for Humanity) in the housing of disabled residents. Advertise workshops and webinars held by these organizations on anti-discrimination on the City’s email newsletter and Resources on the Affordable Housing webpage and encourage them to be held throughout the community to facilitate access. The City will annually train staff at the Senior Center and Housing Authority properties in the needs of disabled residents, the requirements of the Americans with Disabilities Act, and the City’s Reasonable Accommodation policy. Responsible Agency: Housing Authority, Senior Center Schedule: At each update of affordable housing webpage and annually through staff training program Program 4.C The City shall meet with non-profit developers and other stakeholders annually to establish and implement a strategy to continue to provide housing affordable to extremely low-income households. The City shall also consider applying for State and federal funding specifically targeted for the development of housing affordable to extremely low-income households, such as CDBG, HOME, Local Housing Trust Fund program and Proposition 1-C funds to the extent possible. The City shall continue to consider incentives, such as increased densities, modifications to development standards, priority processing and fee deferrals as part of the financing package for projects which include extremely low income units. Responsible Agency: City Schedule: In conjunction with development of projects described in Programs 1.A through 1.C. Policy 5 The City shall strive to provide shelter for the homeless and persons with disabilities. Program 5.A The City shall continue to work with CVAG on a regional solution for homelessness with the CV Housing First program, through a collaborative approach of the Coachella Valley Homelessness Engagement & Action Response Team (CVHEART). Responsible Agency: City Manager’s Office Schedule: Annually in the General Fund Budget Item 3A-128 TN/City of Palm Desert General Plan/Housing Element Housing Element III-106 Program 5.B To increase housing supply for disabled persons, the City will continue to coordinate with the Inland Regional Center, Desert Arc and other appropriate agencies and organizations that serve the developmentally and physically disabled population. The City will continue to encourage developers to reserve a portion of affordable housing projects for the disabled, including those with developmental disabilities and emphasize their needs and what the City can provide during developer outreach and meetings, with a target of assisting 5 disabled households annually during the planning period. The City will support funding applications for such projects, and will consider fee waivers and reductions on a case-by-case basis. Housing Authority properties are one of the vehicles available to encourage rental to developmentally disabled individuals and demonstrate compliance with the City’s Reasonable Accommodation policy. Responsible Agency: Planning Department Schedule: As projects are proposed and during pre-application meetings with the City Program 5.C The City will continue to make direct appeals to encourage local organizations, such as the Coachella Valley Rescue Mission, Martha’s Village and Catholic Charities, to apply to the City for the award of CDBG funds for homeless services, including announcements on its website and social media of the availability of funds, the schedule for applications, and the award schedule, as it has for many years. The City Council will continue to allocate available funds to these and other organizations that apply from its annual County allocation, with a target of assisting at least two of these organizations annually during the planning period.. Responsible Agency: Finance Department Schedule: Annually with CDBG funding cycle Program 5.D Review and revise, as necessary, the Zoning Ordinance to ensure compliance with Assembly Bill (AB) 101 as it pertains to Low Barrier Navigation Centers, and AB 139 as it relates to parking for emergency shelters being required for employees only. Modify the definition of “homeless shelter” to include Low Barrier Navigation Centers. Responsible Agency: Planning Department Schedule: 2022-2023 at regular Zoning Ordinance update Policy 6 The City shall continue to utilize restrictions, applicant screenings, and other appropriate mechanisms established as conditions of approval, restrictive agreements or other means in order to preserve affordable for sale housing units for the long term. Program 6.A The City shall keep in regular contact with the Riverside County Housing Authority to ensure that Section 8 housing assistance within the City is actively pursued. At least 30 households should be assisted every year. Responsible Agency: City and Housing Authority Schedule: Annually with annual compliance plan review Policy 7 Item 3A-129 TN/City of Palm Desert General Plan/Housing Element Housing Element III-107 The City Council shall consider, as an additional incentive, the reduction, subsidizing or deferring of development fees to facilitate the development of affordable housing. Policy 8 The City shall continue to address the needs of the senior population in development of housing. Program 8.A The City shall maintain the Housing Overlay District to include flexible development standards, density bonuses, design criteria, and parking reductions for the development of a wide variety of housing products which provide a minimum of 20% of all units at income-restricted rents, or at least one unit for smaller residential projects, and to eliminate the public hearing requirements and waive City plan check/inspection fees and potentially other fees. The Accessory Dwelling Unit standards shall be maintained consistent with State law in the Zoning Ordinance. Responsible Agency: Community Development Department Schedule: Annually review with state General Plan report Program 8.B The City shall continue to encourage the development of assisted living facilities for seniors. Responsible Agency: Community Development Department Schedule: As projects are proposed Policy 9 The City shall implement the State’s density bonus law. Program 9.A Revise the Zoning Ordinance to ensure compliance with State law as it pertains to density bonus by October of 2022 to address the changes contained in AB 2345, and as State law changes throughout the planning period. Responsible Agency: Community Development Department Schedule: at regular Zoning Ordinance update Policy 10 Promote the jobs/housing balance through the development of housing with convenient access to commercial land uses, schools, available public transport and employment centers. Policy 11 The City shall promote and affirmatively further fair housing opportunities throughout the community for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (FEHA), Government Code Section 65008, and any other applicable state and federal fair housing and planning law. Program 11.A Continue to provide multilingual brochures and informational resources to inform at least 10 residents, landlords, housing professionals, public officials, and others relevant parties annually about fair housing rights, responsibilities, and services, with an emphasis on needs of disabled persons. Brochures and flyers shall be available on the City website (Resources on the Affordable Item 3A-130 TN/City of Palm Desert General Plan/Housing Element Housing Element III-108 Housing webpage), at Housing Authority properties, the Public Library, and City Hall, and at County social service agency offices in the City, in order to assure that they are available to all community members. (Also see Program 4.A) Responsible Agency: Housing Authority Schedule: Ongoing, at each update of affordable housing webpage and preparation of public outreach materials Program 11.B Continue to coordinate with SunLine Transit Agency by continuing to provide it with all development applications, to encourage it to expand services that provide reliable transportation options to low income, disabled, senior, and other residents with limited access, particularly in the northern City area. Responsible Agency: Community Development Department Schedule: 2022-2029 Policy 12 Encourage energy conservation through the implementation of new technologies, passive solar site planning and enforcement of building codes. Please also see the Energy and Mineral Resources Element. Program 12.A The City shall maintain an Energy Conservation Ordinance which mandates conservation in new construction beyond the requirements of the California Building Code. Responsible Agency: Planning Department Schedule: Annual review with state General Plan report Program 12.B The City shall encourage Green Building techniques, recycling in demolition, and the use of recycled, repurposed and reused materials in all new housing projects to the greatest extent possible. Responsible Agency: Planning Department, Building Department, Public Works Department Schedule: As projects are proposed Item 3A-131 TN/City of Palm Desert General Plan/Housing Element Housing Element III-109 Appendix A Public Outreach Materials Item 3A-132 COMMUNITY WORKSHOP NOTICE CITY OF PALM DESERT HOUSING ELEMENT COMMUNITY WORKSHOP Thursday, January 21, 2021 – 3:00 p.m. A community workshop for the City’s Housing Element Update (2021-2029 planning period) will be held Thursday, January 21, 2021, at 3:00 p.m. via Zoom. At this workshop, the City will discuss background information regarding its upcoming Housing Element Update including new State Housing Element law, the 2021-2029 Regional Housing Needs Assessment (RHNA) allocation for the City and take public comments on the Update from those attending. All members of the public are encouraged to attend. The Housing Element is a series of goals, policies, and implementation measures for the preservation, improvement, and development of housing, which would apply throughout the City. It meets the requirements of the California Department of Housing and Community Development, and State law. To participate in the workshop via Zoom, please RSVP by email to eceja@cityofpalmdesert.org, by 10:00 a.m. on the day of the meeting (requests received after 10:00 a.m. on meeting day may not be processed). Specific questions regarding the workshop or Housing Element may be directed to Eric Ceja, Principal Planner, at (760) 346-0611 or eceja@cityofpalmdesert.org. The City of Palm Desert promotes fair housing and makes all programs available to low-income families and individuals, regardless of race, religion, color, national origin, ancestry physical disability, mental disability, medical condition, marital status, political affiliation, sex, age, sexual orientation or other arbitrary factor. Item 3A-133 AB 1486 - List of Developers that have notified the Department of Housing and Community Development of Interest in Surplus Land, Table Range A2:J486 Revised: 12/1/2020 County Organization CalHFA Certified Housing Sponsor?Address City State Zip Contact Phone Email Address RIVERSIDE COUNTY Green Development Company X 251 S Lake Ave #320 Pasadena CA 91105 Andrew Slocum (310) 467-9329 Andrew@greendev.co RIVERSIDE COUNTY A Community of Friends 3701 Wilshire Blvd, Ste 700 Los Angeles CA 90010 Mee Heh Risdon (213) 480-0809 mrisdon@acof.org RIVERSIDE COUNTY Affordable Homestead LLC 915 W Foothill Blvd Ste 488C Claremont CA 91711 William Leong (213) 375-8248 affordablehomestead@gmail.com RIVERSIDE COUNTY Bibi Foundation 1514 N. Raymond Ave Fullerton CA 92831 Riaz Chaudhary (714) 213-8650 Riaz@marrscorp.com RIVERSIDE COUNTY City Ventures, LLC 3121 Michelson Drive, Suite 150 Irvine CA 92612 Anastasia Preedge apreedge@cityventures.com RIVERSIDE COUNTY Coachella Valley Housing Coalition 45-701 Monroe Street, Suite G Indio CA 92201 Julie Bornstein (760) 347-3157 julie.bornstein@cvhc.org RIVERSIDE COUNTY Cypress Equity Investments 12131 Wilshire Blvd., Suite 801 Los Angeles CA 90025 Mike Diacos (310) 405-0314 mdiacos@cypressequity.com RIVERSIDE COUNTY Decro Corporation 3431 Wesley Street, Suite F Culver City CA 90232 Laura Vandeweghe (310) 595-4421 lvandeweghe@decro.org RIVERSIDE COUNTY Families Forward 8 Thomas Irvine CA 92618 Steven Moreno (949) 552-2729 smoreno@families-forward.org RIVERSIDE COUNTY Housing Innovation Partners 5151 Murphy Canyon Rd. #120 San Diego CA 92123 Jon Walters (619) 417-5361 jon@hipsandiego.org RIVERSIDE COUNTY Integrity Housing 4 Venture, Suite 295 Irvine CA 92618 Paul Carroll (949) 727-3656 paul@integrityhousing.org RIVERSIDE COUNTY Olivecs Foundation 328 E. Commonwealth Ave Fullerton CA 92832 Rubina Chaudhary (562) 972-2786 rubina@olivecs.org RIVERSIDE COUNTY The Kennedy Commission 17701 Cowan Ave. #200 Irvine CA 92614 Cesar Covarrubias (949) 250-0909 cesarc@kennedycommission.org RIVERSIDE COUNTY Universal Standard Housing 350 S Grand Avenue, Suite 3050 Los Angeles CA 90071 Eduardo Santana (213) 320-3554 esantana@ush.us RIVERSIDE COUNTY USA Properties Fund, Inc 3200 Douglas Blvd Ste 200 Roseville CA 95661 Gabriel Gardner (916) 239- 8458 ggardner@usapropfund.com RIVERSIDE COUNTY Workforce Homebuilders LLC 547 Via Zapata Riverside CA 92507 Tony Mize (951) 530-8172 tmize@workforcehomebuilders.com AFFORDABLE HOUSING DEVELOPERS National Community Renaissance 9421 Haven Aven., Rancho Cucamonga, CA 91730 CA Tony Mize, VP-Acquisitions 909-727-2783 tmize@nationalcore.org Lift To Rise 73-710 Fred Waring Dr. Suite 100, Palm Desert, CA 92260 CA 760-636-0420 info@lifttorise.org www.lifttorise.org Community Housing Opportunities Corporation 5030 Business Center Drive #260, Fairfield, CA 94534 CA Vince Nicholas Joy Silver Charles Liuzzo Yegor Lyashenko Minami Hachiya 707-759-6043 vnicholas@chochousing.org JSilver@chochousing.org CLiuzzo@chochousing.org YLyashenko@chochousing.org MHachiya@chochousing.org www,chochousing.org Coachella Valley Housing Coalition 45701 Monroe St, Indio CA 92201 CA Maryann Ybarra 760-347-3157 Maryann.Ybarra@cvhc.org www.cvhc.org Pacific West 430 E. State Street, Ste 100, Eagle, ID 83616 CA Darren Berberian 949-599-6069 DarrenB@tpchousing.com www.tpchousing.com Habitat for Humanity 72680 Dinah Shore Dr., #6, Palm Desert, CA 92211 CA 760-969-6917 www.hfhcv.org RIVERSIDE COUNTY Neighborhood Partnership Housing Services 9551 Pittsburgh Avenue Rancho Cucamonga CA 91730 Jenny Ortiz (909) 988-5979 jortiz@nphsinc.org RIVERSIDE COUNTY Habitat for Humanity for the Coachella Valley 72680 Dinah Shore Dr. #6 Palm Desert CA 92211 (760) 969-6917 executivedirector@hfhcv.org; info@hfhcv.org RIVERSIDE COUNTY Coachella Valley Association of Governments 73-710 Fred Waring Drive, Ste 200 Palm Desert CA 92260 Cheryll Dahlin Tom Cox (760) 346-1127 tcox@cvag.org RIVERSIDE COUNTY Lift to Rise 73-710 Fred Waring Drive, Suite 100 Palm Desert CA 92260 Araceli Palafox info@lifttorise.org Item 3A-134 Tuesday, January 12, 2021 at 08:21:03 Pacific Standard Time Page 1 of 2 Subject:Palm Desert Housing Element Update - Virtual Community Workshop No=ce - Join us! Date:Tuesday, January 12, 2021 at 8:19:19 AM Pacific Standard Time From:Kimberly Cuza <kcuza@terranovaplanning.com> BCC:Andrew@greendev.co <Andrew@greendev.co>, mrisdon@acof.org <mrisdon@acof.org>, affordablehomestead@gmail.com <affordablehomestead@gmail.com>, Riaz@marrscorp.com <Riaz@marrscorp.com>, apreedge@cityventures.com <apreedge@cityventures.com>, julie.bornstein@cvhc.org <julie.bornstein@cvhc.org>, mdiacos@cypressequity.com <mdiacos@cypressequity.com>, lvandeweghe@decro.org <lvandeweghe@decro.org>, smoreno@families-forward.org <smoreno@families-forward.org>, jon@hipsandiego.org <jon@hipsandiego.org>, paul@integrityhousing.org <paul@integrityhousing.org>, rubina@olivecs.org <rubina@olivecs.org>, tcox@cvag.org <tcox@cvag.org>, cesarc@kennedycommission.org <cesarc@kennedycommission.org>, esantana@ush.us <esantana@ush.us>, ggardner@usapropfund.com <ggardner@usapropfund.com>, tmize@workforcehomebuilders.com <tmize@workforcehomebuilders.com>, tmize@na=onalcore.org <tmize@na=onalcore.org>, JSilver@chochousing.org <JSilver@chochousing.org>, CLiuzzo@chochousing.org <CLiuzzo@chochousing.org>, YLyashenko@chochousing.org <YLyashenko@chochousing.org>, MHachiya@chochousing.org <MHachiya@chochousing.org>, Maryann.Ybarra@cvhc.org <Maryann.Ybarra@cvhc.org>, DarrenB@tpchousing.com <DarrenB@tpchousing.com>, jor=z@nphsinc.org <jor=z@nphsinc.org>, execu=vedirector@h_cv.org <execu=vedirector@h_cv.org>, info@h_cv.org <info@h_cv.org>, cdahlin@cvag.org <cdahlin@cvag.org>, info@li‘torise.org <info@li‘torise.org>, VNicholas@chochousing.org <VNicholas@chochousing.org>, Eric Ceja <eceja@cityofpalmdesert.org>, jgonzales@cityofpalmdesert.org <jgonzales@cityofpalmdesert.org>, Nicole Criste <ncriste@terranovaplanning.com>, Bi=an Chen <bchen@terranovaplanning.com> ADachments:image001.png Item 3A-135 Page 2 of 2 Item 3A-136 Name Organization Email Jann Bueller City's Housing Commission jannb774@gmail.com Taylor Varner Libolt Lift to Rise taylor@lifttorise.org Melody Morrison tallgirlof3@gmail.com Donna ault City's Housing Commission donnaault@msn.com Dennis City's Housing Commission guinawcd@gmail.com Habitat for Humanity executivedirector@hfhcv.org Joy Silver Communities Housing Opportunities Corporation JSilver@chochousing.org Tony Mize National Core tmize@nationalcore.org Emilia Mojica Coachella Valley Housing Coalition Emilia.Mojica@cvhc.org Slawomir Rutkowski Coachella Valley Housing Coalition Slawomir.Rutkowski@cvhc.org Anna Tellez Coachella Valley Housing Coalition Anna.Tellez@cvhc.org Sheila McGrath Coachella Valley Housing Coalition Sheila.McGrath@cvhc.org Gretchen Gutierrez Desert Valley Builders Associations gg@thedvba.org Housing Element Workshop RSVP List - January 21, 2021 Item 3A-137 PALM DESERT HOUSING ELEMENT UPDATE Item 3A-138 Background and Requirements §The Housing Element is one of the Elements required in our General Plan §It is the only Element that must be updated on a regular schedule. §Upcoming planning period: 2022-2029 §The purpose of the Housing Element is to assure that the City facilitates the development of housing for all economic and social segments within the community. §The City has a long history of actively participating in the development of affordable housing, and currently owns 1,127 affordable housing units. Item 3A-139 About Palm Desert §Current Population: 52,986 §Median Age: 53.0 years §Households: 24,114 §Median Household Income: $57,578 (below the County median of $66,964) §21,933 residents work (41% of the population) §Management (36%) §Service (25%) §Sales and office (28%) §39.6% of residents work in the City Item 3A-140 About Palm Desert §Median housing value is $335,400 §Median rent is $1,260 §959 housing units are overcrowded §218 overcrowded units are owner-occupied. §741 overcrowded units are renter-occupied. §9,635 households are overpaying for housing (more than 30% of income) §3,040 lower income owners are overpaying §3,860 lower income renters are overpaying Item 3A-141 Regional Housing Need Allocation (RHNA) RHNA by Income Category, 2022-2029 RHNA Allocation Extremely Low Income 336 Very Low Income 337 Low Income 459 Moderate Income 460 Above Moderate Income 1,191 Total Units 2,783 January 6, 2021Item 3A-142 Looking to the Future §There are several projects in development that will come forward in the 2022-2029 planning period: §270±units are in early development stages for 10 acres owned by the SARDA. §200±units are in early development stages on 10 acres owned by the City at Dinah Shore and Portola. §Minimum 28 units units at Sagecrest Apartments, at the corner of Santa Rosa and San Pasqual. §384 units next to Canterra Apartments, 61 of which will be reserved for low income households. §200± units at Dinah Shore and Key Largo, as part of a larger Specific Plan being prepared by a private developer. §14 self help ownership units on Merle, near Cook Street, through the Coachella Valley Housing Coalition. §The City will continue to work with the development community to facilitate additional projects as they are proposed. January 6, 2021Item 3A-143 Available Sites January 6, 2021 §The City needs to identify sites for 1,592 units for very low, low and moderate income households. §The City has identified sites for 1,973 units for these income levels. §The City has approved projects which will provide 4,405 above moderate income units. Item 3A-144 Next Steps §The Housing Element Draft will be completed in early spring, and submitted to the State for review. §Planning Commission and City Council hearings are expected in late summer of 2021. January 6, 2021Item 3A-145 Discussion §We want your input. Please give us your feedback. January 6, 2021Item 3A-146 Wednesday, September 1, 2021 at 15:47:59 Pacific Daylight Time Page 1 of 3 Subject:Palm Desert Housing Element Study Session Date:Friday, August 27, 2021 at 2:44:30 PM Pacific Daylight Time From:Kimberly Cuza <kcuza@terranovaplanning.com> To:Kimberly Cuza <kcuza@terranovaplanning.com> BCC:Andrew@greendev.co <Andrew@greendev.co>, mrisdon@acof.org <mrisdon@acof.org>, affordablehomestead@gmail.com <affordablehomestead@gmail.com>, mdiacos@cypressequity.com <mdiacos@cypressequity.com>, Riaz@marrscorp.com <Riaz@marrscorp.com>, tmize@workforcehomebuilders.com <tmize@workforcehomebuilders.com>, ggardner@usapropfund.com <ggardner@usapropfund.com>, esantana@ush.us <esantana@ush.us>, cesarc@kennedycommission.org <cesarc@kennedycommission.org>, apreedge@cityventures.com <apreedge@cityventures.com>, julie.bornstein@cvhc.org <julie.bornstein@cvhc.org>, lvandeweghe@decro.org <lvandeweghe@decro.org>, smoreno@families-forward.org <smoreno@families-forward.org>, jon@hipsandiego.org <jon@hipsandiego.org>, paul@integrityhousing.org <paul@integrityhousing.org>, rubina@olivecs.org <rubina@olivecs.org>, tcox@cvag.org <tcox@cvag.org>, tmize@naWonalcore.org <tmize@naWonalcore.org>, JSilver@chochousing.org <JSilver@chochousing.org>, Charles Liuzzo <cliuzzo@chochousing.org>, Yegor Lyashenko <YLyashenko@chochousing.org>, Minami Hachiya <MHachiya@chochousing.org>, Maryann Ybarra <maryann.ybarra@cvhc.org>, Darren Berberian <DarrenB@tpchousing.com>, jorWz@nphsinc.org <jorWz@nphsinc.org>, execuWvedirector@h\cv.org <execuWvedirector@h\cv.org>, cdahlin@cvag.org <cdahlin@cvag.org>, info@li]torise.org <info@li]torise.org>, Info HFHCV <info@h\cv.org>, Vince Nicholas <VNicholas@chochousing.org>, Eric Ceja <eceja@cityofpalmdesert.org>, Jessica Gonzales <jgonzales@cityofpalmdesert.org>, Nicole Criste <ncriste@terranovaplanning.com>, BiWan Chen <bchen@terranovaplanning.com>, Cynthia Michaels <cmichaels@terranovaplanning.com>, jannb774@gmail.com <jannb774@gmail.com>, taylor@li]torise.org <taylor@li]torise.org>, tallgirlof3@gmail.com <tallgirlof3@gmail.com>, donnaault@msn.com <donnaault@msn.com>, guinawcd@gmail.com <guinawcd@gmail.com>, execuWvedirector@h\cv.org <execuWvedirector@h\cv.org>, JSilver@chochousing.org <JSilver@chochousing.org>, tmize@naWonalcore.org <tmize@naWonalcore.org>, Emilia.Mojica@cvhc.org <Emilia.Mojica@cvhc.org>, Slawomir.Rutkowski@cvhc.org <Slawomir.Rutkowski@cvhc.org>, Anna.Tellez@cvhc.org <Anna.Tellez@cvhc.org>, Sheila.McGrath@cvhc.org <Sheila.McGrath@cvhc.org>, gg@thedvba.org <gg@thedvba.org> AJachments:image.png, PD HE Study Session NoWce.jpg As a participant in our community workshops for the City of Palm Desert’s Housing Element Update, wewanted to let you know of this upcoming Study Session. The Study Session will be a presentation followedby Planning Commission and City Council comments and questions, and we hope that you can attend andlisten in. Following the Study Session, the City will post the revised Housing Element on its website for public comment, from September 10th through September 24th. We invite you to provide comments on theElement through this portal: Housing Element | City of Palm Desert Item 3A-147 Page 2 of 3 Item 3A-148 Page 3 of 3 Item 3A-149 Friday, September 3, 2021 at 13:49:22 Pacific Daylight Time Page 1 of 2 Subject:Palm Desert Housing Element Study Session Date:Friday, September 3, 2021 at 1:48:29 PM Pacific Daylight Time From:Kimberly Cuza <kcuza@terranovaplanning.com> BCC:josieare@gmail.com <josieare@gmail.com>, info@pdacc.org <info@pdacc.org>, gg@thedvba.org <gg@thedvba.org>, Jessica Gonzales <jgonzales@cityofpalmdesert.org>, Nicole Criste <ncriste@terranovaplanning.com> AEachments:image001.jpg, image002.jpg As a participant in our community workshops for the City of Palm Desert’s Housing Element Update, we wanted to let you know of this upcoming Study Session. The Study Session will be a presentation followed by Planning Commission and City Council comments and questions, and we hope that you can attend and listen in. Following the Study Session, the City will post the revised Housing Element on its website for public comment, from September 10th through September 24th. We invite you to provide comments on the Element through this portal: Housing Element | City of Palm Desert Item 3A-150 Page 2 of 2 Item 3A-151 Friday, September 10, 2021 at 15:13:32 Pacific Daylight Time Page 1 of 2 Subject:FW: Screen Shot of Housing Element Website Update Date:Friday, September 10, 2021 at 3:10:10 PM Pacific Daylight Time From:Nicole Criste <ncriste@terranovaplanning.com> To:Kimberly Cuza <kcuza@terranovaplanning.com> ABachments:image001.jpg, image002.png, image003.jpg, image004.jpg, image005.jpg For PDHE Appendix Nicole Sauviat Criste Principal TERRA NOVA PLANNING & RESEARCH, INC.® 42635 Melanie Place, Ste 101 PALM DESERT, CA. 92211 (760) 341-4800 FAX#: 760-341-4455 E-Mail: ncriste@terranovaplanning.com From: "eceja@cityofpalmdesert.org" <eceja@cityofpalmdesert.org> Date: Friday, September 10, 2021 at 2:54 PM To: Nicole Criste <ncriste@terranovaplanning.com> Cc: "jgonzales@cityofpalmdesert.org" <jgonzales@cityofpalmdesert.org> Subject: Screen Shot of Housing Element Website Update AVached is the screenshot for the HE website update. Item 3A-152 Page 2 of 2 Thanks, Eric Ceja Deputy Director of Development Services Ph: 760.346.0611 Direct: 760.776.6384 eceja@cityofpalmdesert.org www.cityofpalmdesert.org Install the Palm Desert In Touch app to stay in touch with your community Android Apple Mobile Web Item 3A-153 Item 3A-154 Item 3A-155 Item 3A-156 Item 3A-157 Item 3A-158 Item 3A-159 Item 3A-160 Item 3A-161 Item 3A-162 Item 3A-163 Item 3A-164 Item 3A-165 Item 3A-166 Item 3A-167 Item 3A-168 Item 3A-169 Item 3A-170 Item 3A-171 Item 3A-172 STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT 2020 W. El Camino Avenue, Suite 500 Sacramento, CA 95833 (916) 263-2911 / FAX (916) 263-7453 www.hcd.ca.gov June 2, 2022 Todd Hileman, City Manager City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260 Dear Todd Hileman: RE: Palm Desert’s (2021-2029) Adopted Housing Element Thank you for submitting the City of Palm Desert’s (City) housing element adopted March 10, 2022 and received for review on April 5, 2022. Pursuant to Government Code section 65585, subdivision (h), the California Department of Housing and Community Development (HCD) is reporting the results of its review. Our review was facilitated by communication with Nicole Christie, Consultant. The adopted housing element addresses most statutory requirements described in HCD’s November 24, 2021 review; however, additional revisions are necessary to fully comply with State Housing Element Law (Article 10.6 of the Gov. Code), as follows: 1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).) Site Inventory: Per the previous review, the element must discuss the concentration of sites identified to accommodate the lower-income regional housing need allocation (RHNA) in the Town Center Neighborhood in the northern part of the City. The analysis should discuss the magnitude of the impact including the number of units by income group relative to locations or neighborhoods within the City, including any isolation of the RHNA and then address whether sites exacerbate or improve segregation and integration. Goals, Actions, Metrics, and Milestones: As stated in the previous review, goals and actions must specifically respond to the analysis and to the identified and prioritized contributing factors to fair housing issues and must be significant and meaningful enough to overcome identified patterns and trends. Actions must have specific commitment, metrics, and milestones as appropriate and must Item 3A-173 Todd Hileman, City Manager Page 2 address housing mobility enhancement, new housing choices and affordability in high opportunity areas, place-based strategies for community preservation and revitalization and displacement protection. For example, the element should include specific metrics and milestones for Programs 2.B, 3.E, 4.B, 5.B, 5.C, 11.A, and 11.B and target programs to specific areas if the community. 2. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).) Sites Inventory: As stated in the previous review, Site A allows for a maximum density of 15 units per acre, and the analysis does not provide sufficient evidence that densities in in the10-15 range provide the financial feasibility needed to support housing affordable to lower-income households. As such, HCD is not considering Site A when determining the adequacy of sites to accommodate the RHNA for lower-income households. 3. The Housing Element shall contain programs which assist in the development of adequate housing to meet the needs of extremely low-, very low-, low- and moderate-income households. (Gov. Code, § 65583, subd. (c)(2).) Program 1.A (Affordable Housing Developers): HCD understands the Planning Commission approved the 66 units at Millennium (Site H) in March 2022 and the developer is working on construction drawings. The Program should be updated to reflect the recent outcome and determination by the Planning Commission. 4. Local governments shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the Housing Element, and the element shall describe this effort. (Gov. Code, § 65583, subd.(c)(9).) The element did not address this requirement. As stated in the previous review, the element must demonstrate diligent efforts to engage all economic segments of the community in the development of the housing element, especially lower- and moderate-income groups. For example, the element could describe the availability of materials in multiple languages, surveys, or other efforts to engage a variety of groups and persons in the preparation of the element. Please see HCD’s November 24, 2022 review for additional information. The element will meet the statutory requirements of State Housing Element Law once it has been revised and re-adopted to comply with the above requirements. Item 3A-174 Todd Hileman, City Manager Page 3 For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), if a local government fails to adopt a compliant housing element within 120 days of the statutory deadline (October 15, 2021), then any rezoning to accommodate the RHNA, including for lower-income households, shall be completed no later than one year from the statutory deadline. Otherwise, the local government’s housing element will no longer comply with State Housing Element Law, and HCD may revoke its finding of substantial compliance pursuant to Government Code section 65585, subdivision (i). Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. During the housing element revision process, the City must continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available while considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD. Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City meets housing element requirements for these and other funding sources. For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at: https://www.opr.ca.gov/planning/general-plan/guidelines.html HCD appreciates the effort provided by Nicole Criste, Consultant, throughout the housing element review. We are committed to assisting the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact John Buettner of our staff, at john.buettner@hcd.ca.gov. Sincerely, Paul McDougall Senior Program Manager Item 3A-175 RESOLUTION NO.2022-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE ADOPTION OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IPMACT AND ADOPTION OF AMENDMENTS TO THE GENERAL PLAN HOUSING ELEMENT AND SAFETY ELEMENT CASE NO: GPA 21-0002 WHEREAS, the City Council of the City of Palm Desert, California, did on the 10w day of March, 2022, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of the above noted; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 18th day of January 2022, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of the above noted; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act" Resolution No. 2804 the Deputy Director of Development Services found that the Housing Element and Safety Element amendments are a "project" as defined by CEQA. As a result, the City completed an Initial Study. The Initial Study found that the Housing Element and Safety Element will have no impact on the Environment and a Negative Declaration is proposed. WHEREAS, at the said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the City Council did find the following facts and reasons to exist to justify approval of said request: > t FINDINGS OF APPROVAL The proposed Housing Element Update is in the public interestand there will be a community benefit, insofar as the proposed Housing Element facilitates the development of housing for all residents of Palm Desert. Development of housing for residents of all income levels will also reduce the vehicle miles traveled in the City, which will improve the regional air quality and reduce wear and tear on public streets and infrastructure, all of which is in the public interest. 2. The proposed Housing Element Update is consistent with the goals and policies of the General Plan, insofar as it is consistent with the other elements of the General Plan and implements policies and programs directly relating to residential land uses. 3. The proposed Housing Element Update does not conflict with provisions of the Zoning Ordinance, and the Zoning Ordinance is being updated to comply with state law. Item 3A-176 RESOLUTION NO. 2022-20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IPALMDESERT, CALIFORNIA, AS FOLLOWS: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case. 2. That the City Council does hereby approve of General Plan Amendment 21-0002 as proposed. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 1011 day of March 2022, by the following vote, to wit: AYES: JONATHAN, KELLY, NESTANDE, QUINTANILLA, and HARNIK NOES: NONE ABSENT: NONE ABSTAIN: NONE J N C. HARNIK, MAYOR ATTEST: NIAMH M. ORTEGA, DEPU Y CITY CLERK CITY OF PALM DESERT, CALIFORNIA W:\Staff Reports - Shared 2\Staff Reports 2022-0310\5 - Clerk's Office - 2022- 0310\18 PH MNO amending Housing Element and Safety Element\Attachment 1 CC —Resolution - Housing & Safety Elementtlocx 2 Item 3A-177 RESOLUTION NO. 2022-20 EXHIBIT "A" NEGATIVE DECLARATION 1 Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. APPLICANT/PROJECT SPONSOR: City of Palm Desert 73-510 Fred Waring Drive PROJECT DESCRIPTION/LOCATION: Negative Declaration of Environmental Impact regarding the approval of the update of the Housing Element of the General Plan, in conformance with State requirements. The Deputy Director of the Department of Development Services, City of Palm Desert, California, has found that the described project will not have a significant effect on the environment. A copy of the Initial Study has been attached to the document supporting the findings. ER(C CEJA l DATE DEPUTY DIRECTOR'OF DEVELOPMENT SERVICES W:\Staff Reports - Shared 2\Staff Reports 2022-0310\5 - Clerk's Office - 2022-0310\18 PH MND amending Housing Element and Safety Element\Attachment 1 - CC_Resolution - Housing & Safety Element.docx 3 Item 3A-178 RESOLUTION NO. 2022-20 Ll This page has intentionally been left blank.] Item 3A-179 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element HOUSING ELEMENT IU01101.1y Providing all residents of Palm Desert with safe and affordable housing is the ultimate goal of this Element. The Housing Element is designed to guide the City's elected and appointed officials, as well as City staff and the general public, in locating and constructing housing to accommodate all segments of the community. The City continues to strive to provide quality housing for all its residents. BACKGROUND The Housing Element works hand in hand with the Land Use Element to balance the land uses available in the City to accommodate future growth. Land use designations are designed to accommodate all types of housing, to allow for the development of single family and multi -family units to meet the needs of the City's residents, now and in the future. The Housing Element includes a description of existing housing types, condition of existing units, overcrowding, overpayment, special housing needs, and the demand for affordable housing in the City. The Element also includes an analysis of the progress made since the drafting of the last Housing Element, and projections of needs for the 2022-2029 planning period. California Law AB 2853, passed in 1980, established Government Code Article 10.6, Section 65580 et. seq. to define the need for, and content of Housing Elements. At its core, the law requires that the "housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing" to meet the State's housing goals. California Government Code requires that every City and County prepare a Housing Element as part of its General Plan. In addition, State law contains specific requirements for the preparation and content of Housing Elements. According to Article 10.6, Section 65580, the Legislature has found that: 1) The availability of housing is of vital statewide importance, and the early attainment of decent housing and a suitable living environment for every California family is a priority of the highest order. 2) The early attainment of this goal requires the cooperative participation of government and the private sector in an effort to expand housing opportunities and accommodate the housing needs of Californians of all economic levels. Housing Element III-1 Item 3A-180 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element 3) The provision of housing affordable to low and moderate income households requires the ' cooperation of all levels of government. 4) Local and state governments have a responsibility to use the powers vested in them to facilitate the improvement and development of housing to make adequate provision for the housing needs of all economic segments of the community. 5) The legislature recognizes that in carrying out this responsibility, each local government also has the responsibility to consider economic, environmental, and fiscal factors and community goals set forth in the General Plan and to cooperate with other local governments, and the state, in addressing regional housing needs. Section 65581 of the Government Code states that the intent of the Legislature in enacting these requirements is: 1) To assure that local governments recognize their responsibilities in contributing to the attainment of the State housing goal. 2) To assure that cities and counties prepare and implement housing elements which, along with federal and State programs, will move toward attainment of the State housing goal. 3) To recognize that each locality is best capable of determining what efforts are required by it to contribute to the attainment of the State housing goal as well as regional housing needs. 4) To ensure that each local government cooperates with other local governments to address regional housing needs. The basic components of a Housing Element were established in Section 65583, and regtired that ' each Element include: An assessment of housing needs and an inventory of resources and constraints relevant to the meeting of local needs. A statement of the community's goals, quantified objectives, and policies relative to the maintenance, improvement, and development of housing. A program that sets forth a schedule of actions to implement the policies and achieve the goals and objectives of the Housing Element to provide housing for all economic segments of the community guided by the following state housing objectives. Provision of decent housing for all persons regardless of age, race, sex, marital status, source of income, or other factors. Provision of adequate housing by location, type, price and tenure. Development of a balanced residential environment including access to jobs, community facilities, and services. Since that time, Housing Element law has been regularly updated, expanded and modified. The most recent update to Housing Element law occurred in 2017, when a series of bills were passed into law to address the State's determination that California was experiencing a State-wide housing crisis. The laws passed in 2017 addressed a wide range of housing -related issues, including Housing Elements, which are summarized below. SB 2 established a recordation fee for real estate documentation which would fund planning grants for affordable housing and affordable housing projects. I Housing Element III-2 Item 3A-181 RESOLUTION NO. 2022-20 TWCity of Palm Desert General Plan/Housing Element SB 3 placed a $4 billion general obligation bond on the November 2018 ballot to fund affordable housing, farmworker housing, transit -oriented development, infill infrastructure and home ownership. SB 35 mandated a streamlined approval process for infill affordable housing projects in communities that have not, according to the Department of Housing and Community Development (HCD) met their affordable housing allocation (RHNA). AB 72 allowed HCD to find a housing element out of compliance with State law, and to refer the non -compliant element to the State Attorney General for action at any time during a Housing Element planning period. AB 73 provided State -funded financial incentives for local jurisdictions which choose to create a streamlined zoning overlay for certain affordable housing projects. SB 166 required that development proposals on local jurisdictions' sites inventory cannot be reduced in density without findings, and/or the identification of additional sites to result in `no net loss' of affordable housing units in the sites inventory. SB 540 provided State funding for the planning and implementation of workforce housing opportunity zones for very low, low and moderate income households. AB 571 modified the farmworker tax credit program to allow HCD to advance funds to migrant housing center operators at the beginning of each planting season, and allowed migrant housing to remain open for up to 275 days annually. AB 678 amended the Housing Accountability Act to limit a local jurisdiction's ability to deny low and moderate income housing projects by increasing the required documentation and raising the standard of proof required of a local jurisdiction. AB 686 (approved in 2018) required a public agency to administer its programs and activities relating to housing and community development in a manner that affirmatively furthers fair housing. AB 879 amended the annual reporting requirements of local jurisdictions to HCD regarding proposed projects, including processing times, number of project applications and approvals, and required approval processes. AB 1397 amended the requirements of adequate sites analysis to assure that sites are not only suitable, but also available, by requiring additional information in site inventories. AB 1505 allowed local jurisdictions to adopt local ordinances that require affordable housing units on- or off -site when.approving residential projects. AB 1515 established a `reasonable person' standard to consistency of affordable housing projects and emergency shelters with local policies and standards. AB 1521 placed restrictions on the owners of affordable housing projects when terminating or selling their projects. Consistency with the General Plan The Housing Element must be consistent with all other Elements of the General Plan. It is particularly guided by the development policies contained in the Land Use Element and roadway policies of the Circulation Element. Housing is also shaped by policies contained in other Elements that affect the quality of life for City residents through the provision of open space and recreation areas, acceptable noise levels, and safety. The current (2022- 2029) update of the Housing Element did not require that the City amend its Land Use Element or land use map, as sufficient land has Housing Element III-3 Item 3A-182 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element been identified to accommodate all housing types. The City will continue to evaluate any ' amendment to the General Plan, including updating of the Housing Element, as required by State law, to assure that internal consistency is maintained. Evaluation of Existing Housing Element Policies and Programs The City's 2014-2021 Housing Element included policies and action items to address housing needs for the 2014-2021 planning period. Their effectiveness is reviewed below. Goal 1 A variety of housing types that meet all of the housing needs for all income groups within the City. Goal 2 The preservation and maintenance of the high quality of the City's affordable housing supply. Policy 1 New affordable housing projects shall be encouraged in all areas of the City. Special attention will be made to distributing the units so that large concentrations of affordable housing in any one area are avoided. Program LA The City shall work with affordable housing developers, non-profit agencies and other stakeholders to implement the following affordable housing projects for extremely low, very low, ' low and moderate income households during the planning period. For Carlos Ortega Villas and Sagecrest Apartments, the Housing Authority shall market these projects to the development community through direct mail, announcements on the City's web site and Requests for Proposals, once funding sources have been identified. 31 units at Canterra Phase II 21 units at Palm Desert 103 200 units at Dinah Shore and Portola 72 units at Carlos Ortega Villas 16 units at Sagecrest Apartments Responsible Agency: Community Development Department and Housing Authority Schedule: 2014-2021 Evaluation: The City has made progress in moving projects forward during the 2014-2021 planningperiod, asfollows: Canterra Phase H..• Now known as The Sands, was entitled for 388 units, including 78 reserved for very low income households. The project entitlements remain active, but the project has failed to secure funding. The project is shown as site DD on the City's inventory, and will be carried forward into the 2022-2029 planning period, in anticipation of its construction. Housing Element III-4 Item 3A-183 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element Palm Desert 103: This project would result in 103 apartments, 20% (21 units) of which would be restricted to moderate income households. This project was inactive during the planning period, but the requirement for affordable units remains. It will be included in the City's inventoryfor the 2022-2029 planning period. Dinah Shore and Portola: The City is currently negotiating an agreement for the development of at least 200 units on 10 acres. This site will remain on the City's inventory as site C. Carlos Ortega Villas: This site was developed in the 2014-2021 planning period, and contains 36 units affordable to very low income households, 36 units affordable to low income households, and one manager's unit. The project was successfully completed and will be removed from the City's inventory and added to its list of existing affordable communities. Sagecrest Apartments: The Housing Authority will market the project to the development community during the 2022-2029 planning period Progress on the implementation of this project is expected in.the forthcoming planning period. This program has been successful and will be modified to address current projects. Program 1.13 The City shall pursue the planning and implementation of the following projects for extremely low, very low, low and moderate income households during the planning period. The City will utilize public -private partnerships; grants and third party funding for these projects, and affordable housing funds if restored by the State Legislature. 520 units that will include single family for -sale and multi -family for rent units at Gerald Ford Drive and Portola an additional 52 units at the Vineyards Responsible Agency: City Schedule: 2014-2021 Evaluation: This program is still being implemented, as follows: Gerald Ford and Portola: This project site is currently proposed for 269 apartments affordable to very low and low income households, and 3 managers' units. Application for entitlement is pending. The project is proposed on 12t acres of a larger City holding owned by the Successor Agency (SARDA). The balance of the acreage continues to be marketed for affordable housing projects. The site will be maintained in the City's inventory, and is shown as site B. The Vineyard: This site consists of 260 existing apartments, 52 of which are currently restricted to moderate income households. An additional 52 may be offered as affordable to low or moderate income households, but were not during the 2014-2021 planning period. The agreement between the developer and the City remains effective, and the units could be subsidized in the future. This program continues to be implemented, and will be modified and maintained in the 2022-2029 planning period. Housing Element III- 5 Item 3A-184 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element Program 1.0 ' The City shall encourage and facilitate the development by private parties of the following projects for extremely low, very low, low and moderate income units: 432 units at Key Largo 194 units at Frank Sinatra and Cook Street Approximately 302 units at Dinah Shore and 351 Avenue (southeast corner) The City shall annually contact the owners/developers of these lands and review with them the incentives and financing options available through State and federal.loan and grant programs, and local non-profit agencies to assure that all potential financial mechanisms are being considered for the project(s). Responsible Agency: City Schedule: 2014-2021 Evaluation: The City continues to work with the landowners associated with these sites as follows: Key Largo: The land owners are currently preparing a Specific Plan for the site, which would include apartments. Up to 200 units could be restricted to low and moderate income households. This project is still active, and will remain on the City's inventory as site A. Frank Sinatra and Cook Street: This project was inactive during the planning period, and is not considered viable for the future. It will be removed from the Citys inventory. ' Dinah Shore and 351 Avenue: This project remains under consideration, and the City believes that it could move forward. The City will continue to work with the landowner and encourage the development of affordable housing units into the next planning period. In addition, the City approved Tentative Tract Map 37506, for land located on the south side of Gerald Ford Drive, between Portola and Technolov Drive in the University Park area. This site includes a mix of single family homes, townhome and apartment sites, totaling 1,069 units. The City will continue to work with the developer to encourage the inclusion of affordable housing. units in the project. This program remains active, and will be modified for the 2022-2029 planning period. Program 1.D The City shall continue to implement the Self Help Housing program when funds are available. The City will work with agencies such as Habitat for Humanity and Coachella Valley Housing Coalition to identify funding and the location of these units. Responsible Agency: City Schedule: 2016-2018, as funding is identified Evaluation: During the 2014-2021 planning period, Habitat for Humanity developed 2 homes for very low income households, which were all completed and are now occupied. In May of 2020, the City awarded the Coachella Valley Housing Coalition a contract to construct 14 self-help housing units on Merle, near Cook Street. These homes are expected to be built during the next planning period. The program will be. modified and maintained to assure construction, and the I projectwillbeincludedintheCity's inventory as site PP. Housing Element III- 6 Item 3A-185 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element Program LE The City shall maintain its inventory of sites zoned for PR-7 and R-3, and shall encourage the incorporation of extremely low, very low, low and moderate income housing units into these projects as they are brought forward. Responsible Agency: Planning Department Schedule: As project applications are submitted Evaluation: The City continues to encourage the provision of affordable housing in all projects, and has negotiated the inclusion of units, or the payment of in lieu fees, for several projects. In addition, in March of 2020, the City adopted the Housing Overlay District, replacing the previously enacted Medium/High Density Overlay District. The Overlay is applied to properties owned by the City, the Housing Authority and private property identified on the City's Housing Element inventory for planningperiod 2014-2021. The new overlay provides significant incentives to developers, should they apply the overlay to their property for the provision of affordable housing, including development fee waivers, development standard reductions, and parking reductions. In exchange, a minimum of 20% of the units developed must be restricted to moderate, low or very low income households. The program has been successful, and will be extended into the 2022-2029 planning period Program 1.F The City will encourage further land divisions resulting in parcel sizes that facilitate multifamily development affordable to lower income households in light of state, federal and local financing programs (i.e. 50-100 units) as development proposals are brought forward. The City will discuss incentives available for land divisions (e.g., 2-5 acres) encouraging the development of housing affordable to lower income households with housing developers as proposals are brought forward. The City will offer incentives for land division encouraging the development of affordable housing including, but not limited to: priority to processing subdivision maps that include affordable housing units, expedited review for the subdivision of larger sites into buildable lots where the development application can be found consistent with the Specific Plan, financial assistance (based on availability of federal, state, local foundations, and private housing funds). Responsible Agency: Planning Department Schedule: As projects are proposed Evaluation: The City has implemented this program in two ways: the completion of the Housing Overlay District, and the encouragement of subdivision for larger projects, which was implemented with 77M 37506, and is being implemented at the Key Largo project (please see evaluation of Program 1.0 above). The TTM subdivided a large holding into multiple parcels, rangingfrom 6 to over 20 acres, to accommodate a mix of housing types. This program is ongoing and will be continued in the 2022-2029 planning period. Housing Element III-7 Item 3A-186 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element Policy 2 ' The City shall encourage the rehabilitation of existing housing units through a variety of programs. Program 2.A The City shall fund the Home Improvement Program for single family homes by providing grants and low interest loans to program participants. The program will be provided to the extent that funding is available, to up to five households each year. Responsible Agency: City Schedule: Annually as funds are available Evaluation: The City implemented the program and funded four grants and loans. Funding was limited, and the City was therefore able to only implement the emergency component of this program. The program will be maintained, to assure that it is available should funding be secured. Policy3 The City shall preserve existing affordable housing units. Program 3.A The Housing Authority shall continue to subsidize affordable housing units it owns now and in the future using operating revenues. Responsible Agency: Housing Authority Schedule: Annually in the Housing Authority Budget Evaluation: The Housing Authority continues to own and operate 1,114 affordable housing units ' in 15 projects. The City intends to continue to operate these projects, and this program shall be continued in the 2022-2029 planning period. Program 3.B The Housing Authority shall maintain the existing resale restrictions and other subsidies on 303 ownership units if permitted to do so by the Department of Finance. Responsible Agency: Housing Authority Schedule: Throughout the planning period, if permitted by the Department of Finance Evaluation: The Housing Authority maintains affordability covenants on a total of 301 owner - occupied properties, of which 31 properties were resold to a new qualifying household with affordability covenants. Some of the covenants will expire during the 2022-2029 planning period. The Housing Authority intends to maintain these covenants, and the program will be continued and amended to address expirations in the 2022-2029 planning period. Program 3.0 The Housing Authority owns approximately 1,000 existing rental housing units and will strive to maintain its ownership and/or long term affordability of these units by a third party. Responsible Agency: Housing Authority Schedule: Annually in the Housing Authority Budget Housing Element III-8 Item 3A-187 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element Evaluation: The Housing authority continues to own and operate 1,114 units, and plans to maintain ownership. This program has been successfully implemented, and will be continued in the 2022-2029 planning period. Program 3.D The City shall coordinate between affordable housing developers and social service agencies when new projects are developed to encourage the integration of services such as child care, job training, vocational education, and similar programs into new affordable housing projects through direct contact with both parties. For on -site child care, the Agency shall consider allocation of the City's Childcare Mitigation Fee to new projects which provide the service. Responsible Agency: Housing Authority, City Manager's Office, Community Development Department Schedule: As projects are proposed Evaluation: The City continues to operate the Jean Benson Childcare Center located within the Desert Rose project. In addition, the Hovley Gardens project provides after -school programs for school -aged children, and adult education, health and wellness, and skill building classes to residents. New projecis proposed for development are encouraged to provide services to residents. As these projects are forthcoming, the level of programming has not been determined. The City will continue to encourage such programs in the 2022-2029 planning period. Policy 4 The City shall continue to strive to meet the State -mandated special shelter needs of large families, female headed households, single parent families, senior citizens, and disabled individuals and families, and shall consider including units for such households in its projects. Evaluation: The City assists disabled residents at all its Housing Authority owned properties. Between 2014 and 2020, there were between 91 and 188 disabled residents in these properties, varying by year. In 2020 the City had the highest number of disabled residents during the planning period, providing housing to 188 disabled residents. The City has approved a project for developmentally disabled persons adjacent to Desert Arc offices on Country Club Drive. In addition, the Housing Authority committed to leasing the land and funding a subsidy of tip to S250, 000 to assure that 5 units were for persons employed within the City, and supported CTCAC and other funding efforts. The project, which includes 36 units of special needs housing and a community center building, remains entitled but has not secured funding. The City will continue to work with the project, and this program will be maintained in the 2022- 2029 planning period. Program 4.A The City shall continue to enforce the provisions of the Federal Fair Housing Act. The City shall continue its referral program to the Fair Housing Council of Riverside County, and shall maintain information at City Hall and affordable housing complexes. Responsible Agency: City and Housing Authority Schedule: Brochures and flyers available at Housing Authority properties, Library, and apartment managers' offices Housing Element III-9 Item 3A-188 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element Evaluation: The Cityprovides fair housing information at all its properties, and continues to fund ' programs operated by the Fair Housing Council of Riverside County. During the 2014-2022 planning period, the City used CDBG funds to provide the Council S239,000 to eliminate discrimination in housing throughout the City in joint efforts across the County. Program 4.B The City shall work with the Senior Center and other appropriate agencies in the housing of disabled residents. Responsible Agency: Senior Center Schedule: Annually through staff training program The Housing Authority maintains 380 of its 1,114 units, or 34% for senior households. In addition, the City has preserved 37 non -City owned units' affordability for seniors in assisted living communities. In 2015, the City entered into an amended agreement with the developers of the Legend Gardens community, requiring that 10 of its assisted living one -bedroom units be restricted to low income seniors. Program 4.0 The City shall meet with non-profit developers and other stakeholders annually to establish and implement a strategy to continue to provide housing affordable to extremely low-income households. The City shall also consider applying for State and federal funding specifically targeted for the development of housing affordable to extremely low-income households, such as ' CDBG, HOME, Local Housing Trust Fund program and Proposition 1-C funds to the extent possible. The City shall continue to consider incentives, such as increased densities, modifications to development standards, priority processing and fee deferrals as part of the financing package for projects which include extremely low income units. Responsible Agency: Housing Authority Schedule: As projects are proposed The City and Housing Authority continuously seek opportunities for the development of affordable housing units, including regular contact with the development community. During the planning period, Habitat for Humanity developed 2 homes for very low income households, which were all completed and are now occupied. This has included developing a self-help housing program for 14 units with the Coachella Valley Housing Coalition, and marketing City properties to developers. This effort has led to an agreement with Pacific West Companies for the development of 269 affordable housing units, the entitlement of 36 units dedicated to special needs housing adjacent to Desert ARC, and the commitment of loan funds for the substantial rehabilitation of Hovley Gardens, a 162 unit family project. The City is currently also working with Hovley Gardens to refinance the property to extend affordabilityfor the project for an additional 55 years. This will be completed during the upcoming planning period. This program has been successful, and will be maintained in the 2022-2029 planning period. Policy 5 The City shall strive to provide shelter for the homeless and persons with disabilities. , Housing Element III-10 Item 3A-189 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element Program 5.A The City shall continue to work with CVAG on a regional solution for homelessness, including the Multi -Service Center in North Palm Springs, and the beds and services it will provide. (See discussion on page 28 regarding CVAG's program) Responsible Agency: City Manager's Office, City Council Schedule: Annually in the General Fund Budget Evaluation: The City funded multiple efforts to reduce homelessness. The City participated and forded $100,000 annually for regional homelessness assistance through CVAG, both for the Center in North Palm Springs, and continuing with additional services after the Center closed. In addition, the City funded two full-time positions with the Riverside University Health System to provide assistance to Palm Desert homeless residents. This program will be modified to reflect current homeless prevention efforts for the 2022-2029 planning period. Program 5.13 The City will continue to coordinate with the Inland Regional Center, Desert Are and other appropriate agencies and organizations that serve the developmentally and physically disabled population. The City will continue to encourage developers to reserve a portion of affordable housing projects for the disabled, including those with developmental disabilities. The City will support funding applications for such projects, and will consider fee waivers and reductions when these projects are proposed. Housing Authority properties are one of the vehicles available to encourage rental to developmentally disabled individuals. Responsible Agency: Planning Department, City Council Schedule: As projects are proposed The City approved a project for developmentally disabled individuals adjacent to Desert Arc offices on Country Club Drive. In addition, the Housing Authority committed to leasing the land and funding a subsidy of up to $250, 000 to assure that 5 units were for persons employed within the City, and supported CTCAC and other funding efforts. The project, which includes 36 units of special needs housing and a community center building, remains entitled but has not secured funding. The City assists disabled residents at all its Housing Authority owned properties. Between 2014 and 2020, there were between 91 and 188 disabled residents in these properties, varying by year. The 2020 census is the highest of the planning period, providing housing to 188 disabled residents. Furthermore, the City provided Desert Arc $77,750 in Community Development Block Grant CDBG-CV) funds to sustain operations during the coronavirus pandemic and implement activities related to a multi phased re -opening plan. This program has been successful and will continue to be implemented. Program 5.0 The City shall encourage local organizations, such as the Coachella Valley Rescue Mission, Martha's Village and Catholic Charities, to apply to the City for the award of CDBG funds for homeless services. Responsible Agency: City Manager's Office Schedule: Annually with CDBG funding cycle Housing Element III-1 I Item 3A-190 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element Evaluation: During the 2014-2021 planning period, the City used CDBG funds to contribute ' toward energy improvements and food supplies at Martha's Village and Kitchen totaling 312, 752; at the Coachella Valley Rescue Mission, $52, 770 was allocated from CDBG funds for equipment replacements, food supplies and shelter services, and Catholic Charities was allocated 5,151 for food and supplies. In total, the City allocated $370,673 toward direct assistance to homeless individuals. This program was successful and will be continued in the 2022-2029 planning period. In addition, the City provided Martha's Village an additional $40,000 in CDBG-CV funds to provide operational costs for a 15-bed expansion for homeless individuals during the coronavirus pandemic. Likewise, the City provided the Coachella Valley Rescue Mission with an additional 40, 000 in CDBG-CV funds to sustain operations during the coronavirus pandemic. Policy 6 The City shall continue to utilize restrictions, applicant screenings, and other appropriate mechanisms established as conditions of approval in order to preserve affordable for sale housing units for the long term. Program 6.A The City shall keep in regular contact with the Riverside County Housing Authority to ensure that Section 8 housing assistance within the City is actively pursued. At least 30 households should be assisted every year. ' Responsible Agency: City Schedule: Annually with annual compliance plan review Evaluation: The Housing Authority annually houses an average of 40 households under the Section 8 program at its properties. This program has been successful, and shall be carried forward to the 2022- 2029 planning period. Program 6.13 The City shall continue to work with affordable housing organizations to preserve the affordability of the Regent Palm Desert, Shadow Hills Estates and Cantera Phase I, which will be at risk of losing their affordability restrictions during the planning period. The City will coordinate with private development and management companies to promote the preservation of these units; and may cooperate through state and federal program funding for third party ownership, and other means to assure the long term affordability of the project. Responsible Agency: City Schedule: Annually as the projects' affordability restrictions are at risk Evaluation: The City made multiple efforts to preserve the affordability of units at the Regent Shadow Hills and Cantera. All of the owners, however, declined to maintain affordability restrictions, and the units reverted to market rates. This program will be adjusted to reflect units at risk during the 2022-2029 planning period. Housing Element III-12 Item 3A-191 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element Policy 8 The City Council shall consider, as an additional incentive, the reduction, subsidizing or deferring of development fees to facilitate the development of affordable housing. Evaluation: The City implemented this policy through the implementation of State density bonus law and the adoption of the Housing Overlay District. In addition, both the Sands project and the Arc Village project were granted fee waivers in exchange for affordability covenants during the planning period. This program has been successful, and will continue to be implemented, based on funding availability. Policy 9 The City shall continue to address the needs of the senior population in development of housing. Program 9.A The City shall maintain the Senior Housing Overlay District and the Second Unit Housing standards in the Zoning Ordinance. Responsible Agency: Community Development Department Schedule: Annually review with state General Plan report Evaluation: The City adopted the Housing Overlay District in 2020. This District allows for the waiver of fees and the reduction of development standards for projects committing to affordable housing units. In addition, the City approved a total of 162 accessory dwelling units during the planning period. Although these units are not restricted by covenant, they provide for an affordable housing option on existing single family home lots. The City will continue to implement both programs in the 2022-2029 planning period. Program 9.B The City shall continue to encourage the development of assisted living facilities for seniors. Responsible Agency: Community Development Department Schedule: As projects are proposed Evaluation: The City preserved existing affordability covenants at an assisted living facility, and increased the availability of affordable units at the Legend Gardens facility to 10. This program was successful, and will be maintained in the 2022-2029 planning period. Policy 10 The City shall implement the State's density bonus law. Evaluation: There were no projects constructed during the planning period with density bonus units, but the Sands project received 78 very low income household density bonus units and concessions, and the forthcoming Pacific West Companies project will increase its unit count from 200 to 269 for very low, low and moderate income households through density bonus provisions. The City will continue to implement density bonus law consistent with law in the 2022-2029 planning period. Policy 11 Promote the jobs/housing balance through the development of housing with convenient access to commercial land uses, schools, available public transport and employment centers. Housing Element III-13 Item 3A-192 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element Evaluation: The City continues to consider the placement of housing in proximity to jobs, and to ' encourage the housing of Palm Desert employees in projects. This was directly accomplished through a subsidy agreement at the Arc Village project, which provides for 5 units for Palm Desert employed households, and through the University Village Specific Plan, which places higher density residential lands in close proximity to job centers in the Portola/Gerald Ford/Cook/Fred Waring area. This policy continues to be a priorityfor the City, and will be carried forward into the 2022-2029 planning period. Policy 12 Encourage energy conservation through the implementation of new technologies, passive solar site planning and enforcement of building codes. Please also see the Energy and Mineral Resources Element. Program 12.A The City shall maintain an Energy Conservation Ordinance which mandates conservation in new construction beyond the requirements of the California Building Code. Responsible Agency: Planning Department Schedule: Annual review with state General Plan report Program 12.13 The City shall encourage Green Building techniques, recycling in demolition, and the use of recycled, repurposed and reused materials in all new affordable housing projects to the greatest extent possible. I ResponsibleAgency: Planning Department, Building Department, Public Works Department Schedule: As projects are proposed Evaluation: The Housing Authority has implemented energy conservation at multiple projects, including the Carlos Ortega Villas, which was constructed as a net -zero project, and with replacements of HVAC and water heating systems with high -efficiency systems at Housing Authorityprojects. In addition, solar installations were undertaken within the Desert Rose project. This policy continues to be important to the City, and will be carried forward to the 2022-2029 planning period. Summary of Impact on Special Needs Populations In summary, as described in the evaluation above relating to special needs programs; the City's implementation of its Housing Element during the previous planning period supported the housing needs of special needs households: City -owned housing communities continue to house senior residents in 7 projects totaling 366 units. City -owned housing communities continue to house physically and developmentally disabled residents, which have ranged from 91 to 188 residents in the last planning period. The City has actively participated in moving forward on the Arc Village project, which will result in 32 units for developmentally disabled residents, in addition to the funds expended ' to make improvements to Desert Are educational and vocational facilities. Housing Element III-14 Item 3A-193 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element IDEMOGRAPHIC INFORMATION This section provides the demographic background for the residents of Palm Desert. The information is primarily based on 2010 U. S. Census and 2018 American Community Survey ACS) data. Where more current data is available, it has been included in addition to the Census and ACS information. Reeional Population The City of Palm Desert is located in the Coachella Valley in eastern Riverside County. Riverside County grew from 1,545,387 in 2000 to 2,189,641 in 2010. By 2018, the American Community Survey estimated that the County population had grown to 2,383,286, which represents an 8-year increase of 8. 8%. The California Department of Finance (DOF) estimated that, in January 2020, Riverside County had a population of 2,442,304, an increase of 11.5% over the 2010 population. Table III-1 Population Trends Neighboring Jurisdictions Change (2010- 2018) Jurisdiction 2010 2018 Number Percent Desert Hot Springs 25,938 28,430 2,492 9.6% Palm Springs 44,552 47,525 2,973 6.7% Cathedral City Rancho Mirage 51,200 17,218 54,037 18,075 2,837 857 5.5% 5.0% Palm Desert 48,445 52,124 3,679 7.6% Indian Wells 4,958 5,317 359 7.2% La Quinta 37,467 40,704 3237 8.6% Coachella 40,704 44,849 4,145 10.2% Indio 76,036 91,235 15,199 20.0% Riverside County 2,189,641 2,383,286 193,645 8.8% Source; 2010 U.S. Census; American Community Survey 2014-2018 5-Year Estimates. Citv Population Palm Desert has also experienced a rapid rate of growth. In 1990, the Census reported a population of 23,252 in the City. From 1990-2000, the City's population grew to 41,155, an increase of 77% in ten years. By 2010, the Census reported a City population of 48,445, an increase of 17. 3% in ten years. The California Department of Finance estimated that the City's population on January 1, 2020 was 52,986, an average annual increase of under 1%. Between 2010 and 2018, the City's growth rate (7.6%) ranked in the middle compared to other Coachella Valley cities and was less than the County's growth rate (8. 8%). Housing Element III-15 Item 3A-194 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element Table III-2 Population Trends — Palm Desert Numerical Year Population Change 2000 41,155 2010 48,445 7,290 2020 52,986 4,541 Percent Average Annual Change Growth Rate 17.7% 1.8% 9.4% 0.9% Source: 2000 and 2010 U.S. Census; Table E-1, Population Estimates for Cities, Counties, and the State, California Department of Finance, January 1, 2020. The Southem California Association of Governments (SCAG) Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) projects a City population of 64,100 by 2045. Age The Coachella Valley historically has attracted older adults and retirees, and Palm Desert is no exception. The City's median age rose from 48.0 in 2000 to 53.0 in 2010 and decreased slightly to 52.6 in 2018. With the continuing aging of America, it is expected that the median age may keep rising or stabilize. Table III-3 illustrates age characteristics for Palm Desert population in 2010 and 2018. From 2010 to 2018, children and youth groups (ages 0-19) decreased by 0.7% to 16.6%, young and middle -age adults (20 to 54 years) increased by 0.5% to 35.7%, and all age groups over 55 years increased by 0.2% to 47.7%. The data suggest that housing demand is currently highest for seniors and young and middle -age adults. If the aging trend continues, there may be a growing demand for senior housing and programs that promote "aging in place"; however, this trend is likely to occur slowly, and the demand for such products will need to be evaluated over time. The Palm Desert Housing Authority operates 7 affordable apartment complexes that are restricted to seniors, the newest of which is the 72-unit Carlos Ortega Villas built in 2015 (see "Affordable Housing Developments" section). During the 2022- 2029 planning period, particular focus will be on expanding housing opportunities for families and first-time buyers. Housing Element III-16 Item 3A-195 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element Table III-3 Age Distribution, 2010 and 2018 2010 2018 of Age Number Total Number of Total Under 5 2,021 4.2% 2,032 3.9% 5-9 1,960 4.0% 2,044 3.9% 10- 14 2,105 4.3% 2,256 4.3% 15-19 2,345 4.8% 2,331 4.5% 20- 24 2,436 5.0% 2,727 5.2% 25- 34 4,344 9. 0% 5,430 10.4% 35-44 4,387 9.1% 4,847 9. 3% 45-54 5,872 12.1% 5,605 10.8% 55-59 3,235 6.7% 3,384 6.5% 60- 64 3,817 7. 9% 3,886 7.5% 65-74 7,640 15.8% 8,976 17.2% 75-84 5,914 12.2% 5,940 11.4% 85+ 2,369 4.9% 2,666 5.1% Total 48,445 100.0% 52,124 100.0% Median age 53.0 52: 6 Source: 2010 U.S. Census Tables P12 and P13; American Community Survey 2014-2019 5-Year Estimates, Table DP05 Race and Ethnicitv Table III-4 describes the racial and ethnic distribution for Palm Desert in 2010 and 2018. Residents who categorize themselves as white comprise the largest race/ethnicity; this group remained constant at 82.5%. The second most prevalent race/ethnicity changed from "some other race" to Asian. The "some other race" category decreased from 9.1% to 5.0%. The Asian group increased from 3.4%to 5.1 %, and the percentage of Black/African Americans increased from 1.8% to 2.5%. The share of American Indians and Alaska Natives, and Native Hawaiians and Other Pacific Islanders, remained largely constant, comprising approximately 0.6% combined during both years. The percentage of residents in the "Two or More Races" category increased from 2.5% to 4.4%. The percentage of Hispanic or Latino residents increased from 22.8% to 25.5%. Housing Element III-17 Item 3A-196 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element Table I11-4 Racial and Ethnic Characteristics, 2010 and 2018 2010 2018 of % of Race/Ethnicity Number Total Number Total One Race: White 39,957 82.5% 42,993 82.5% Black or African American 875 1.8% 1,323 2.5% American Indian & Alaska Native 249 0.5% 196 0.4% Asian 1,647 3.4% 2,651 5.1% Native Hawaiian/Other P_ac._ Islander 55 0.1 % 91 0.2% Some Other Race 4,427 9.1% 2,593 5.0% Two or More Races 1,235 2.5% 2,277 4.4% Total 48,445 100% 52,124 100% Hispanic or Latino (of any race) 11,038 22.8% 13,299 25.5% Source: 2010 U.S. Census, Table P3; American Community Survey 2014-2018 5-Year Estimates, Table DP05 Households The City had a,total of 23,117 households in 2010. The average household size was 2.09 persons per household based on the 2010 Census. Between 2010 and 2018, the number of households increased 4.3% to 24,114, and the average household size in 2018 was 2.15 persons according to the ACS. In 2018, 44.9% of households consisted of married couple families, followed by non - family households (43.3°/u), female householder families (7.6%), and male householder families 4.3%). Table HI-5 Household Growth Trends Year Number of Numerical Percent Households Change Change 2010 23,117 --- --- 2018 24,114 997 4.3% Source: 2010 U.S. Census, Table P28; American Community Survey 2014-2018 5- Year Estimates, Table DP02 Table III-6 Household Types Household Type No. of HH % of Total Family households: 13,679 56.7% Married couple family 10,821 44.9% Male householder, no wife present 1,030 4.3% Female householder, no husband present 1,828 7.6% Non -family households 10,435 43.3% Total Households 24,114 100% Source: American Community Survey 2014-2018 5-Year Estimates, Table DP02 Housing Element III-18 Item 3A-197 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element Income Income can vary significantly by region, industry, and type of job. Table III-7 describes average income per worker by industry in the Coachella Valley. As shown, the highest -paying sectors are Finance/Insurance/Real Estate, Government, and Information, with incomes averaging around 50,000 to $60,000. The lowest -paying sectors include Retail Trade, Other Services, and Leisure and Hospitality, with incomes averaging around $31,000. Table III-7 Average Income by Industry, Coachella Valley Average Income Industry per Worker, 2017 Agriculture $20,571 Construction $45,488 Manufacturing $46,340 Retail Trade $32,281 Information $50,493 Finance, Insurance, Real Estate $59, 726 Professional and Business Services $43,736 Education and Health Services $48, 322 Leisure and Hospitality $31,513 Government $58,711 Other Services $31,836 Logistics $45,114 Source: 2019 Greater Palm Springs Economic Report, Coachella Valley Economic Partnership, Figure 29 Median household income in the City in 2000 was $48, 316; it rose to $50,267 by 2010. In 2018, median household income had risen to $57,578, less than the County median income, which stood at $66,964. The following table identifies the number of Palm Desert households in each income range. Housing Element III-19 Item 3A-198 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element Table III-8 ' City Household Income Distribution, 2018 Income No. of HH % of Total Less than $10,000 1,787 7.4% 10,000-$14,999 1,181 4.9% 15,000-$24,999 2,252 9.3% 25,000-$34,999 2,477 10.3% 35,000-$49,999 3,004 12.5% 50,000-$74,999 4,341 18.0% 75,000-$99,999 2,547 10.6% 100,000-$149,999 2,809 11.6% 150,000-$199,999 1,721 7.1 % 200,000 + 1,989 8.2% Total 24,005 100%* Source: American Community Survey 2014-2018 5-Year Estimates, Table DP03. Differences due to rounding. The ACS estimated that 9.3% of all families in Palm Desert were living below the poverty level in 2018. EmDlovment and Maier Emolovers ' Like much of the Coachella Valley, a substantial portion of the City's economy is rooted in the regional tourism and service industries. The following table describes employment distribution in Palm Desert in 2018. The ACS data show that, of a total civilian workforce of 21,933 residents over 16 years, the largest employment sectors were "arts, entertainment, recreation, accommodation & food services" (20.1%) and "educational services, health care & social assistance" (18.8%). Housing Element III-20 Item 3A-199 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element Table III-9 City Employment by Industry, 2018 No. of Industry Employees of Total Agriculture/Forestry/Fishing/Hunting/Mining 147 0.7% Construction 1,473 6.7% Manufacturing 789 3.6% Wholesale Trade 492 2.2% Retail Trade 3,066 14.0% Transportation, warehousing & utilities 585 2. 7% Information 438 2.0% Finance, insurance, real estate, rental & leasing 1,616 7.4% Professional, scientific, management, admin. & waste 2,702 12.3% management Educational services, health care & social assistance 4,133 18.8% Arts, entertainment, recreation, accommodation & food 4,404 20.1% services Other services (except public administration) 1,482 6.8% Public Administration 606 2.8% Total Employment by Industry (Civilian 16 years and over) 21,933 100% Source: American Community Survey 2014-2018 5-Year Estimates, Table S2405 . As shown in Table III-10, more than one-third (36.1 %) of the City's civilian employed labor force is in "management, business, science, and arts" occupations, followed by "sales and office" occupations (27. 6%) and "service" occupations (24.61/4). Table III-10 City Employment by Occupation, 2018 No. of Occupation Employees of Total Management, business, science, and arts occupations 7,926 36.1 % Service occupations 5,404 24.6% Sales and office occupations 6,048 27.6% Natural resources, construction, and maintenance occupations 1,316 6.0% Production, transportation; and material moving occupations 1,239 5.6% Total civilian employed population 16 years and over 21,933 100%* Source: American Community Survey 2014-2018 5-Year Estimates, Table DP03 Differences due to rounding. As shown in Table III-11, the City's principal employers include security services providers, golf clubs and resorts, and big chain retailers. Typical jobs at these facilities include store clerks and managers, salesmen, security guards, and hospitality and food service providers. Housing Element III-21 Item 3A-200 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element Table III-11 Principal Employers in Palm Desert, 2019 No. of % of Total City Employer Employees Employment JW Marriot-Desert Springs Resort & DS Villas 2,304 9.8% Universal Protection Services 1,500 6.4% Securitas-Security Service USA 700 3.0% Organization of Legal Pro's 501 2.1% Sunshine Landscape 500 2.1% Costco Wholesale 250 1.1% Bighorn Golf Club 250 1.1 % Whole Foods Market 150 0.6% Target 145 0.6% Tommy Bahama 125 0. 5% Total 6,425 27%* Source: 2019 Comprehensive Annual Financial Report, City of Palm Desert. Differences due to rounding. The Great Recession, with onset in late 2007, saw high unemployment and job losses in the Coachella Valley. At the trough, about every seventh person lost their job.' Regional employment started to increase in 2011, but annual growth was still slower than pre -Recession levels until 2017, suggesting more severe impacts than western Riverside County, the state, and the nation. The construction sector was hit hardest regionally, with approximately 70% of jobs lost and only 14% recovered by December 2017 2 The Retail Trade and Wholesale Trade sector lost around 6,700 jobs but has generally returned to pre -Recession levels. Two sectors have fully recovered and even added jobs: Education and Health Services and, to a lesser extent, Leisure and Hospitality. Between 2010 and 2019, annual unemployment rates in Palm Desert declined from a high of 10.1 % in 2010 to a low of 4.2% in 2019? However, analysis of employment data from 2005 to 2017 shows that, as of December 2017, Palm Desert had not recovered the job losses it incurred during the Great Recession. The City lost about 20% of jobs, relative to peak employment, and had recovered only about 1.8% 4 This scenario is similar for seven other Coachella Valley cities; only Palm Springs and Rancho Mirage had recovered and exceeded their previous peaks. Table III-12 describes the employment locations of Palm Desert residents. As shown, 39.6% of City residents work in the City, which shows a relatively large portion of residents are employed within City limits. The remaining work locations are spread out in other Valley cities, the top two being Rancho Mirage (16.4%) and Palm Springs (12.6c/u). An estimated 11,824 residents of other cities work in Palm Desert, which is the highest number of employment inflows of all cities in the Coachella Valley. The City's retail and service sectors, in particular, attract and can support younger workers in entry level positions. 1 2019 Greater Palm Springs Economic Report, Coachella Valley Economic Partnership, Figure 24. z Ibid, Figures 25 and 26. 3 California Employment Development Department annual average unemployment rates (labor force), not seasonally adjusted, not preliminary. 4 2019 Greater Palm Springs Economic Report, Coachella Valley Economic Partnership, Figure 28. Housing Element III-22 Item 3A-201 RESOLUTION NO. 2022-20 Where Palm Desert Residents Work Indio Cathedral City Palm Desert Palm Springs Coachella La Quinta Desert Hot Springs Rancho Mirage Indian Wells TN/City of Palm Desert General Plan/Housing Element Table III-12 Commuting Patterns No. of Palm Desert Residents of Total 737 7.8% 436 4.6% 3,749 39.6% 1,193 12.6% 238 2.5% 892 9.4% 93 1.0% 1,555 16.4% 572 6. 0% Total: 9,465 100.0% Inflow of Workers from Other Cities to Palm Desert: 11,824 --- Source: 2019 Greater Palm Springs Economic Report, Coachella Valley Economic Partnership, Table 6. Based on 2015 data. EXISTING HOUSING STOCK Housine Units The City's housing stock includes an estimated 39,800 dwelling units, the majority of which 39.6%) are single-family detached units. Other housing types include single-family attached units 18.8%), multi -family complexes with 2-4 units (14.2%) and 5 or more units (19.50/o), mobile homes (7.80/o), and boat/RV/van/etc. (0.1%). The total number of units increased by 2,932 (8.0%o) between 2010 and 2018. Specifically, the number of single-family detached units increased by 1,183, single-family attached units decreased by 3,274, multi -family 2-4 units increased by 2,722 and 5+ units increased by 2,847, mobile homes decreased by 547, and boat/RV/van/etc. increased by one (1). Table III-13 City Housing Characteristics 2010 2018 Units in Structure No. of Units of Total No. of Units % of Total Single Family, detached 14,584 39.6% 15,767 39.6% Single Family, attached 10,761 29.2% 7,487 18.8% 2- 4 Units, Multi -family 2,927 7.9% 5,649 14.2% 5+ Units, Multi -family 4,912 13.3% 7,759 19.5% Mobile homes 3,650 9. 9% 3,103 7.8% Boat, RV, van, etc. 34 0.1% 35 0.1% Total 36,868 100.0% 39,800 100% Source: 2010 U.S. Census and American Community Survey 2014-2018 5-Year Estimates, Table DP04 Housing Element 111-23 Item 3A-202 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element Residential Buildine Permit Activitv ' The following table describes residential building permit activity during the 2014-2021 planning period. Permits were issued for a total of 1,447 units. Single-family units accounted for 43% of all permits and had an average value of $513,498 per unit. Multi -family 2-4 units accounted for 13% and had an average value of $279,940 per unit. Multi -family 5+ units accounted for 44% and had an average value of $208, 200 per unit. Table III-14 Residential Building Permits, 2014-2020 Multi -Family Multi -Family Single -Family 2-4 Units 5+ Units No. of Average No. of Average No. of Average Year Units Value/Unit Units Value/Unit Units Value/Unit 2014 200 $443,069 11 $197,473 961 $95,429 2015 95 $471,452 14 $233,533 27 $277,778 2016 75 $596,227 14 $213,890 2072 $159,783 2017 72 $476,216 52 $207,230 10 $320,000 2018 57 $ 443,851 66 $219,697 0 --- 2019 74 $542,709 24 $137,755 304 $188,011 2020 47 $626,963 2 $750,000 0 --- Total: 620 $ 513,498 183 $279,940 644 $208,200 , Includes 72 units at Carlos Ortega Villas 3 Includes 175 assisted living units In addition to the permits listed above, 162 permits were issued for Accessory Dwelling Units ADUs) between 2014 and 2020 (see "General Plan and Zoning Ordinance Constraints" for more information about ADUs). Aee and Condition of Housing Stock The age of the City's housing stock can be a key indicator of potential rehabilitation, repair, or demolition needs. The ACS estimated a total of 39,800 housing units in Palm Desert in 2018. Of these, 25,312 (63.6%) were built before 1990 and are, therefore, more than 30 years old, while 6,348 (15.9%) were less than 20 years old. Depending on construction quality and maintenance history, older homes may have issues including inadequate or unsafe mechanical systems and appliances, foundation or roof problems, inefficient windows, the presence of asbestos or lead, and lack of fire and earthquake safety features. However, older homes in the City are sought after, particularly .those built during the mid-century period, and are more likely to be conserved than demolished. In addition, programs provided by multiple organizations, including CVAG's Green for Life program, have allowed low -interest improvement loans for solar, insulation, lighting upgrades and other improvements that improve a home's energy efficiency, thereby extending its useful life. Housing Element III-24 Item 3A-203 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element During the previous planning period, the City referred an average of 7 residents per year to the SCE's approved HVAC vendor for replacements of these systems for very low and low income households. HVAC units are critical to residents' safety during Palm Desert's hot summers. In addition, the case records of the Code Compliance division were reviewed for the 2014-2021 planning period. During that time, the City had no cases opened regarding major rehabilitation needs, and no citations issued for health and safety violations. The Home Improvement Program (HIP) assists very low, low and moderate income households with home repairs, including emergency repairs, depending on funding availability. The City will establish a program for the 2022-2029 planning period to explore the possibility of establishing a rehabilitation program and funding options (see Program 2.A). Table III-15 Age of Housing Units No. of of Year Built Units Total 2014 or later 457 1.1% 2010-2013 755 1.9% 2000-2009 5,136 12.9% 1990-1999 8,140 20.5% 1980-1989 12,658 31.8% 1970- 1979 8,121 1960- 1969 3,114 20.4% 7.8% 1950-1959 1,137 2.9% 1940-1949 157 0.4% 1939 or earlier 125 0.3% Total 39,800 100% Source: American Community Survey 2014-2018 5-Year Estimates, Table DP04 Another measure of potentially substandard housing is the number of housing units lacking adequate kitchen and plumbing facilities. In Palm Desert, there are 198 units (0.8% of all units) lacking complete kitchens and 67 units (0.3% of all units) lacking plumbing facilities. More rental units have deficiencies than homeowner units. These homes could potentially benefit from repair and rehabilitation programs, such as the HIP program described above. As shown in Table III-46, Quantified Objectives, the City will use the HIP program to correct these deficiencies for the 67 units affected (see Program 2.A). Housing Element III-25 Item 3A-204 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element Table III-16 Housing Units Lacking Facilities Lacking complete Lacking plumbing kitchen facilities facilities No. of % of No. of % of Total Units Tenure Units Total Units Total in City Owner -Occupied 18 0.1% 10 0.1% 14,842 Units Renter -Occupied 180 1.9% 57 0.6% 9,272 Units Total 198 0.8% 67 0.3% 24,114 Source: 2014- 2018 American Community Survey 5-Year Estimates, Tables B25053 and B25049 To further evaluate housing conditions in Palm Desert, the Code Compliance Division queried its records on three separate occasions for residential property code violations, such as structural deficiencies, general deterioration, dilapidation, and faulty plumbing or electrical systems. As of February 2021, there were only 5 active cases of dwelling units with building code violations, all of which were associated with unpermitted construction activity. None of the cases cited structural deficiencies in need of replacement or rehabilitation. Therefore, the City is not aware of any units requiring substantial rehabilitation, other than those described above, and has included those 67 units shown in Table I11-16 in its Quantified Objectives (also see Program 2.A). The Palm Desert Housing Authority offers a Housing Improvement Program (HIP) to assist homeowners and apartment complex owners with emergency home maintenance and repair costs see Existing Affordable Housing Programs, below). Vacancv Status and Housine Tenure The vacancy rate is a measure of the general availability of housing. It also indicates how well the types of units available meet the current housing market demand. A low vacancy rate suggests that fewer housing units are available for those needing housing and can result in corresponding higher housing demand and housing values/costs; a high vacancy rate may indicate either excess housing supply or decreased property values. The 2018 ACS showed a total of 15,686 of the City's total 39,800 Housing units to be vacant, for an overall vacancy rate of 39.4%. Correcting for seasonal, recreational or occasional use units, which are considered vacant by the ACS but are not available or used for permanent occupancy, the vacancy rate decreased to 8.1 % in 2018. Of the 24,114 (60.6%) occupied housing units in the City, about 37.3% are owner -occupied, and 23.3% are renter -occupied. The homeowner vacancy rate is 6. 0%, and the rental vacancy rate is 10.7%, which may indicate some excess supply in the rental market. Housing Element III-26 Item 3A-205 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element Table III-17 Vacancy Status — 2018 of All Unit Type No. of Units Units Occupied Units: Owner -occupied 14,842 37.3% Renter -occupied 9,272 23.3% Total Occupied Units: 24,114 60.6% Vacant Units: For rent 1,123 2.8% Rented, not occupied 85 0.2% For sale only 959 2.4% Sold, not occupied 143 0.4% For seasonal, recreational, or occasional Use 12,443 31.3% For migrant workers 0 0.0% Other vacant 933 2.3% Total Vacant Units: 15,686 39. 4% Total Units 39,800 100% Vacancy Rate: Homeowner vacancy rate 6.0% Rental vacancy rate 10.7% Source: American Community Survey 2014-2018 5-Year Estimates, Tables DP04 and B25004 Overcrowdine The California Department of Housing and Community Development (HCD) establishes a standard of 1.01 persons per room as the criteria for defining "overcrowded" housing conditions. Overcrowding can indicate an imbalance between housing affordability and income and typically affects renters more than homeowners. Table III-18 shows that a total of 959 housing units in Palm Desert were overcrowded in 2018, representing 4.0% of the total occupied housing units in the City. Of all overcrowded units, 77.3% were renter -occupied units and 22.7% were owner - occupied units. Severely overcrowded units have more than 1.5 persons per room and are a subset of overcrowded units. They account for 1.7% of all occupied housing units in the City. About 43.5% of all overcrowded units in the City are severely overcrowded. Housing Element III-27 Item 3A-206 RESOLUTION NO. 2022-20 Persons/Room 1.00 or less 1.01 to 1.50 1.51 to 2.00 2.01 or more Total Overcrowded Overcrowded by Tenure Total Severely Overcrowded Severely Overcrowded by Tenure TN/City of Palm Desert General Plan/Housing Element Table III-18 Overcrowding, 2018 Owner- Renter- Total of Occupied Occupied Total Units Units 14,624 8,531 23,155 96.0% 127 415 542 2.2% 48 186 234 1.0% 43 140 183 0.8% 218 741 959 4.0% 22.7% 77.3% 91 326 417 1.7%* 21.8% 78.2% Source: American Community Survey 2014-2018 5-Year Estimates, Table B25014 Difference due to rounding. As shown, the number of overcrowded units in Palm Desert is relatively low. Units with 3.or more bedrooms help accommodate larger households. Affordable housing developments with 3 or 4 bedrooms include ownership units at Desert Rose, Habitat for Humanity and CVHC units and Falcon Crest; and rental units at Hovley Gardens and the Enclave. Other affordable housing options that can alleviate overcrowding are ADUs; JADUs, and guest houses, all of which are permitted by the Zoning Code. The City has seen a steady number of ADUs in the last planning period (see Table III-14, Residential Building Permits), and a program to track their progress in included to determine whether they will become an effective means of accommodating lower income household need. No ADU sites are included in the City's Land Inventory for purposes of meeting the RHNA allocation for the 2022-2029 planning period. Housing Values The following table compares median housing values in Coachella Valley cities from 2013 to 2018. Palm Desert's median housing value was $308, 000 in 2013, which was lower than Rancho Mirage, Indian Wells, and La Quinta, but higher than the other cities. Its median value increased nearly 9% over the 5-year period, which was the lowest percent increase in the region (other than the decrease of Rancho Mirage median value). Its median housing value currently ranks in the middle of Coachella Valley cities. Housing Element 111-28 Item 3A-207 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element Table IH-19 Regional Median Housing Value Trends, 2013 - 2018 Median Value, owner -occupied units % Change Jurisdiction 2013 2018 2013-2018 Desert Hot Springs 121,600 174,900 43.8% Palm Springs 267,800 367,900 37.4% Cathedral City 179,500 259, 900 44.8% Rancho Mirage 518,000 499, 900 3. 5% Palm Desert 308,000 335,400 9.0% Indian Wells 604,600 706,800 16. 9% La Quinta 348,400 386,200 10.8% Indio 192,600 267,900 39.1% Coachella 137,600 207,300 50.7% Source: American Community Survey 2009-2013 and 2014-2018 5-Year Estimates, Table B25077 The number of owner -occupied housing units, by value range, are listed in Table III-20. Most units (35.3%) are within the $300,000 to $499,999 range. Table I1I-20 Values, Specified Owner -Occupied Housing Units, 2018 Value Number Less than $50,000 704 50,000 to 99,999 444 100,000to 149,999 509 150,000to 199,999 994 200, 000 to 299,999 3,687 300,000 to 499,999 5,241 500, 000 to 999,999 2,651 1,000, 000 or more 612 Source: American Community Survey 2014-2018 5- Year Estimates, Table DP04 The median housing unit value in 2018 was estimated at $335,400. For renters, the median contract rent in 2018 was $1,260. Current housing values and rental rates are further discussed below in the section titled "Economic Constraints." Housing Element I11-29 Item 3A-208 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element EXISTING AFFORDABLE HOUSING PROGRAMS ' There are a number of local, regional, state, and federal programs available in Palm Desert which provide a variety of housing services to the City's residents. This section of the Housing Element provides a summary of programs available by a number of agencies. City Programs The Palm Desert Housing Division oversees the City's affordable housing programs and the Palm Desert Housing Authority (PDHA). The PD14A owns affordable housing communities and provides rental and ownership assistance to City residents. Owners' Assistance Proeram Owners of single-family homes, condominiums, mobile homes or apartments who rent to very low, low, and moderate income tenants to the extent funding is available, may receive direct rental payment assistance from the City. The owner must, in exchange for the assistance, enter into a recorded agreement with the City assuring affordability of the rental units for 55 years. Acquisition. Rehabilitation and Resale This program allows the City to purchase existing market rate single family units, rehabilitate and refurbish them, and re -sell them to lower income households with affordability covenants. Funding in past cycles has been through the former RDA that made 2 units available in 2000 and 2001, as well as the City's Neighborhood Stabilization Program, where two units were acquired ' and rehabilitated in 2013. Since that time, lack of funding has prevented additional rehabilitation. The City will continue to explore funding options. Mortease Credit Certificate Proeram The City has committed to participating in the Mortgage Credit Certificate Program, which is operated by Riverside County Economic Development Agency. The MCC Program allows qualified home buyers to reduce the amount of their federal income tax liability by an amount equal to a portion of the interest paid during the year on a home mortgage. The MCC is in effect for the life of the loan as long as the home remains the borrower's principal residence. No certificate were issued for homes purchased during the 2014-2021 planning cycle. Source funds for this program come from the CDLAC agency, which established standards for this program and other provisions. Homebuvers Assistance Proeram The City and Palm Desert Housing Authority have provided assistance to very low, low, and moderate income persons in the form of low interest loans to be applied to down payment, non- recurring closing costs, reduction of the interest rate on the first trust deed, or any other cost associated with the purchase of a single-family home. There are currently 301 homes in this program. In exchange for the assistance, the home owner is required to enter into a recorded agreement with the City assuring affordability of the home for up to 45 years. Housing Element III-30 Item 3A-209 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element Self -Help Housing The City assists very low, low and moderate income households in constructing and purchasing their own homes on existing lots within the City. In May 2020, the City awarded a DDA for 14 vacant lots to the Coachella Valley Housing Coalition for future development of single-family self-help homes along Merle Drive. It is expected that these self-help units will be for three very low income and eleven low income households, and that they will be built during the 2022-2029 planning cycle. Home Improvement Program The City assists very low, low and moderate income households with home repairs by providing grants and low interest loans to program participants from Community Development Block Grant CBDG) funds. The program has eight (8) components, but only the Emergency Grant Component is currently funded. The Emergency Grant Component allows up to $7,500 for very low and $5,000 for low income households for emergency health and safety repairs to their homes, such as roof repairs, water heater replacement, ADA improvements, etc.). Four (4) households received Emergency grants during the 2014-2021 planning period. The Rehabilitation Grant Component will grant up to $20,000 for home improvements to very low income households. The Matching Fund Grant Component will match up to $5,000 in home improvements with a homeowner who contributes the same amount or more to the improvements. This grant is available to very low and low income households. The Rehabilitation Loan Component allows up to $35,000 for active loans and $45,000 for a deferred loan for home improvements to low and moderate income households, respectively. The Drought Tolerant Landscape Retrofit Loan Component allows up to $7,500 in improvements that intend to reduce the consumption of a natural resource for very low, low and moderate income households. The Make a Difference Volunteer Assistance Component organizes community involvement through volunteers for very low, low and moderate income households. The Acquisition, Rehabilitation, Resale Component allows the City to acquire properties available on the market for the purpose of rehabilitation and resale to a qualified household. The Lead and Asbestos Abatement Component will grant $7,500 to remove lead and asbestos from the homes of very low and low income households. County, State, and Federal Programs There are numerous programs available to provide rental assistance and to encourage the construction of new affordable housing. The following programs are available in the City of Palm Desert: Housing Choice Voucher (Section 8) Assistance The Riverside County Housing Authority administers the Housing Choice Voucher (HUD Section 8) rental assistance program to lower income renters within the City. During the 2014-2021 Housing Element 111-31 Item 3A-210 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element planning period, an average of 41 households per year that lived in Palm Desert Housing Authority , properties received Section 8 housing assistance. Fair Housing Council of Riverside Countv The City works with the Fair Housing Council of Riverside County (FHCRC) to provide anti- discrimination services, landlord -tenant mediation, fair housing training and technical assistance, enforcement of housing rights, administrative hearings, home buyer workshops, lead -based paint programs, and other housing related services for City residents. CaIHFA First Mortgage Loan Programs The California Housing Finance Agency (CaIHFA) offers a variety of loan programs for low and moderate income first-time homebuyers who secure a CaIHFA 30-year fixed mortgage. CalFHA Downnavment Assistance Program Moderate income households may receive a deferred loan of up to the lesser of 3.5% of the purchase price or appraised value of a home, to be applied to the down payment and/or the closing costs for the residence, with a cap of $10,000. HomeChoice Program This State program provides disabled low and moderate income households with a low -interest 30-year mortgage for a first-time homebuyer. California Low -Income Housine Tax Credit Program ' This competitive State program provides tax credits to private sector developers who provide affordable rental units within their projects. The units can consist of all or part of a project and must meet certain specified criteria. Units must be restricted for a period of at least 55 years. ASSESSMENT OF FAIR HOUSING AB 686 requires that all housing elements due on or after January 1, 2021, must contain an Assessment of Fair Housing (AFH) consistent with the core elements of the analysis required by the federal Affirmatively Furthering Fair Housing (AFFH) Final Rule of July 16, 2015. Under state law, AFFH means "taking meaningful actions, in addition to combatting discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics." The City has completed the following: Include a Program that Affirmatively Furthers Fair Housing and Promotes Housing Opportunities throughout the Community for Protected Classes (applies to housing elements beginning January 1, 2019). Housing Element III-32 Item 3A-211 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element Conduct an Assessment of Fair Housing, which includes a summary of fair housing issues, an analysis of available federal, state, and local data and local knowledge to identify fair housing issues, and an assessment of the contributing factors for the fair housing issues. Prepare the Housing Element Land Inventory and Identification of Sites through the lens of Affirmatively Furthering Fair Housing. To comply with AB 686, the City has completed the following outreach and analysis. Outreach As discussed in the Public Participation section of this Housing Element, the City held three community workshops during the Housing Element Update process (see Appendix A for outreach materials). The City made concerted efforts to reach all segments of the population for input into the Housing Element update. The first workshop was held with the Palm Desert Housing Authority Housing Commission on January 6, 2021. The Commissioners indicated that senior units were needed at affordable rents, and that the upcoming planning period seemed to be well planned for, given the projects that were moving forward. On January 21, 2021, a second workshop was held after inviting a mix of affordable housing developers, public agencies, interested parties and individuals via email. The City also sent formal invitations to 21 organizations, including Habitat for Humanity, Community Housing Opportunities Corp., Lift to Rise, and the Coachella Valley Housing Coalition, and advertised on the City's website and in the Desert Sun newspaper. The City provided accommodation for persons requiring hearing or visual assistance for the virtual workshop, although none was requested from participants. Seventeen (17) people attended and actively contributed with opinions and suggestions. Participants expressed strong support for the City's density increase to 40 units per acre. Affordable housing developers, including CVHC and CHOC, indicated a strong desire to work with the City on projects, and clearly expressed their concerns regarding the funding of projects, which require too many funding sources in recent years. The City concurs with developers' concerns about funding sources, and has included programs for projects in this Element where the City will leverage its land to help with private developers' funding applications. However, the Legislature's removal of housing set aside for affordable housing limits the City's participation in projects during the planning period, and the City's has shifted its focus in programs to work with private parties to construct the required units. The City also held two City Council study sessions on March 25 and September 9, 2021. The City Council listened to a staff -led presentation, and asked questions about various projects and sites on the City's inventory. The focus of development in the University Park area for student and faculty housing for the future expansion of the universities in this, area was considered a top priority. The City conducted extensive outreach during preparation of the 2017 Assessment of Fair Housing AFH) in accordance with HUD's AFFH Rule Guidebook. Meaningful input from the community participation process include the Inland Regional Center's statement that their clients will require HUD based affordable housing options due to the low amount of monthly income they receive, Housing Element Ill-33 Item 3A-212 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element and Coachella Valley Housing Coalition (CVHC)'s comment that tax credits applications for ' developments located in the high opportunity neighborhoods will be more competitive in the future. These comments are incorporated in the programs and actions in the 2017 AFH and this Housing Element Update to increase affordable housing supply in high opportunity areas and specifically housing for disabled persons. Assessment of Fair Housing California Government Code Section 65583 (10)(A)(ii) requires the City of Palm Desertto analyze areas of segregation, racially or ethnically concentrated areas of poverty, disparities in access to opportunity, and disproportionate housing needs, including displacement risk. The 2021 California Department of Housing and Community Development (HCD) and the California Tax Credit Allocation Committee (TCAC) Opportunity Areas are rated by a composite score of resource levels in the following aspects: access to effective educational opportunities for both children and adults, low concentration of poverty, low levels of environmental pollutants, and high levels of employment and close proximity to jobs, among others. High and highest resource areas are those with high index scores for a variety of educational, environmental, and economic indicators. These indicators include access to effective educational opportunities for both children and adults, low levels of environmental pollutants, high levels of employment and close proximity to jobs, and low concentration of poverty, among others. Housing Element 111- 34 Item 3A-213 According to Figure 1, TCAC Opportunity Areas, the majority of the City is considered "Highest Resource" and the area just north of Highway 11 I and three blocks north of Country Club Drive are considered "High Resource." TCAC and HCD did not designate any portion of the City of Palm Desert as a "Low Resource" area which typically have the most limited access to all resources. Areas of high segregation and poverty are those that have an overrepresentation of people of color compared to the County, and at least 30% of the population in these areas is below the federal poverty line ($26,500 annually for a family of four in 2021). There is no "High Segregation and Poverty" area in or near the City of Palm Desert (Figure 1). TN/City of Palm Desert General Plan/Housing Element calked"I Cit_ Pam surmy Ran, nn Moape Palms. TCAC opportunity Areas 2021 Highest Resource High Resource Q Moderate Resource (Rapidly Changing) Moderate Resource Low Resource High Segregation S Poverty MlasingMsuXicient Data 0 City Boundaries Rosa San Jacmfo Mc National Monument Figure l The City prepared an Assessment of Fair Housing (AFH) in 2017 in association with its receipt of federal Community Development Block Grant (CDBG) funds. The AFH was based on data analysis, community participation, and input from public health, social service, and housing organizations. The AFH included analysis to identify trends and patterns over time and also compare the City to the regional level (including Riverside and San Bernardino Counties). The AFH identified no racially or ethnically concentrated areas of poverty (R/ECAPs) in Palm Desert since 1990. In the region, TCAC and HCD identified R/ECAPs in the cities of Cathedral City, Desert Hot Springs, Indio and Coachella as well as the unincorporated areas of Riverside County. The 2017 AFH also found R/ECAPs in the cities of Victorville, San Bernardino, Riverside, Moreno Valley as well as the unincorporated areas of San Bernardino County. Integration and Seereeation Patterns To assess patterns of segregation and integration, the City analyzed four characteristics: race and ethnicity, disability, income, and familial status. Housing Element 111-35 Item 3A-214 RESOLUTION NO. 2022-20 Race and Ethnicity The diversity index was used to compare the racial and ethnic diversity within the City and surrounding communities. Diversity Index scores range from 0 to 100, where higher scores indicate higher diversity among the measured groups. As shown in Figure 2, Diversity Index, there is a mosaic of diversity index scores in the City, with higher diversity in the middle and eastern portions of the City, and lower diversity in the northern and southern portions. The area immediately east of the City in the census designated place of Bermuda Dunes has a higher diversity index score than anywhere within City limits. According to the 2015-2019 American PalmSprings TN/City of Palm Desert General Plan/Housing Element ntarleand Indian Wells Santa Rosa San Jacinto Mountains National Monument Diversity Index 2IH$ Lovrer Diversity 555 57a sas Higher Diversity City Boundaries Arterial streets Quints Community Survey, over half (66%) of Palm Desert residents identify as white, MEnon -Hispanic, and 23.5%of Figure 2 the population are of Hispanic or Latino origin. In Bermuda Dunes, there is a slightly higher percentage (33.8%) of population that are of Hispanic or Latino origin, and a slightly lower percentage (58.5%) of white, non -Hispanic residents. In contrast, Thousand Palms, a census designated place immediately north of Palm Desert, has over half (51.3%) of its population of Hispanic or Latino origin and 46.7% white, non -Hispanic residents. While there are not any racially or ethnically concentrated areas of poverty in or near Palm Desert, there is potential for a diversity level gap to develop between the City and surrounding communities. Palm Desert sees a similar pattern of predominant population white majority tracts — as the cities of Rancho Mirage and Indian Wells to the west and east of, respectively. The highest diversity index score in the surrounding communities is found in Bermuda Dunes (81.6), while areas with diversity index scores higher than 85 in the region are seen in the cities of Indio, Palm Springs, Desert Hot Springs, and Coachella as well as unincorporated Riverside County in the western and eastern Coachella Valley. Housing Element III-36 Item 3A-215 RESOLUTION NO. 2022-20 Desert Willow Golf Resort, located on the north side of the City, has a median income greater than $125,000 (Figure 3). The resort also falls in Census Tract 449.19, which is identified to have 84.8% of white, non - Hispanic or Latino population. While HCD has not released an adjusted methodology for Racially Concentrated Areas of Affluence RCAA) for California as of August 2021, the national criteria defined RCAA as census tracts where 1) 80% or more of the population is white, and 2) the median household income is 125,000 or greater. Therefore, the Desert Willow Golf Resort may have the potential to qualify as an RCAA. According to the 2017 TN/City of Palm Desert General Plan/Housing Element Me ian Income 20IS-MIS E:_I <$30.000 sbb,00D 87,100(xco 2020 bble Metlbn Income) 125,000 f4aaler tlun s/2b,000 p cus ea mla Santa Rosa San Jacinto Mountains Nabonat Monument AFH, the City has a low I.b I I- ` \- segregation level for each racial/ethnic group, compared to a moderate level of segregation for the bi-county (Riverside and San Bernardino) region. While there was an increase in the City's segregation level since 1990, it has remained in the low level category and the City became more balanced between 2000 and 2010. The City has established Programs LA through LC to plan and implement affordable housing developments in highest and high resource areas. These programs can further promote a racially and ethnically integrated community. Disability In 2014, the percentage of the population with a disability was highest (25.2%) in the three blocks north of Country Club Drive, which comprise of Palm Desert Greens Country Club, Desert Willow Golf Resort, Desert Falls Country Club and Avondale Country Club. Areas north and south of these country clubs had the lowest percentages of population with a disability (below 9%). According to the 2015-2019 ACS, the areas with low percentages of population with a disability under 10%) have shifted/expanded to some extent, although two blocks in the northeastern City corner have an increased percentage (20. 4%) since 2014 (13.3°/u), which comprise of Indian Ridge Housing Element III-37 Item 3A-216 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element Country Club, Palm Desert Resort and Country Club, and Woodhaven Country Club. These percentage and geographic distribution changes are limited, in that no tract has had higher than 30% population with a disability. The City has a no -fee application process for reasonable accommodation, and assisted more than double the disabled residents between 2014 and 2020 from 91 to 188 residents) in Housing Authority owned properties. The City does not impose any restrictions or barriers to the organic changes/movements in the community and will continue to approve and assist housing developments for disabled residents (Program 5.13). Income The City also assessed the concentrations of households below the poverty line across the City to analyze access to adequate housing and jobs. As shown in Figures 3 and 4, there is a higher percentage of residents who fall below the poverty line 26,500 for a family of four in 2021) in the central portions of the City, than to the south and north. Generally, the central City has seen an increase in percentage of residents below the poverty line from 2014 to 2019. Certain areas south of Highway III and Chaparral Country Club along the western City boundary have seen lower percentages of residents below the poverty line from 2014 to 2019. As shown in Table III-17, Vacancy Status — 2018, the City of Palm Desert has a vacancy rate of 10.7% for rental units and 6% for ownership u Familial Status Poverty status 2015-2019 percent of Population whose annual Income Is below poverty level 10% 10%-20% 20%- 30% 30%. 40% M,40% p city Boundaries The City of Palm Desert has areas with higher percentages (40%- 60%) of children in single female -headed households along the western and eastern City boundaries. Most of these areas have median income below the HCD 2020 State Median Income ($87,100), and along the western City boundary also overlap with a higher percentage (21.8%) of population below poverty level Housing Element III-38 Item 3A-217 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element compared to other areas in the City. The City has higher concentrations (60%-80%) of households with children in the southern and eastern portions of the City, similar to the geographical extent in the City of Rancho Mirage on the west but fewer than the cities of Indian Wells and La Quinta on the east. One such area near the southeastern City boundary has median income below the 2020 State Median Income. The City has a majority of two- to three -bedroom units (75.2%) according to the 2015-2019 ACS, which should be able to serve the needs of single -parent and family households with children. Additional Local Knowledge and Data As is the case for the entire Coachella Valley, there has not been policy -based segregation such as redlining in Palm Desert. The region is not metropolitan, has a relatively short urban development history (mostly post World War II), and does not have a large African American population (e.g. 2.5% of total City population in 2018) or cultural presence. This coincides with the lack of any apparent segregation patterns. The City's 2017 AFH identified a low segregation level for each racial/ethnic group, including Non-White/White, Black/White, Hispanic/White, Asian or Pacific Islander/White. According to the Neighborhood Segregation Map by UC Berkeley (2019), much of the City are Latinx-White neighborhoods, while certain portions of the northern and southern City are mostly White and one area in the central City is a Asian-Latinx-White neighborhood. This is consistent with the racial makeup of the City, with White being the majority group (82.5%), the largest minority group being Asian (5.1 a/u), and Hispanic/Latino of any race taking up 25.5%. The neighborhood distribution is generally shaped throughout the City history and economic development, and has not been affected by public policy in contrast to metropolitan areas. The mostly White neighborhoods are almost all country clubs, golf/tennis clubs and resort land uses, and the Asian-Latinx-White neighborhood in the central City is most likely associated with student population of the College of the Desert. Coachella Valley, including Palm Desert, is the ancestral homeland of Cahuilla Indians, who have lived in the area for millennia. After the arrival of Europeans in the 19th century, Palm Desert had only ranches, date palm orchards, and farmland in the 1920s. Land acquisition and development mainly occurred after WWII, with the first golf course and tennis club established in 1952. Country clubs and resort uses soon bloomed, with as many as 30 golf clubs in the City. The City, only incorporated in 1973, is a now a popular retreat for seasonal residents and has also attracted more permanent residents from more expensive and populated areas. Therefore, as noted throughout this assessment of fair housing and Housing Element, the City's current development pattern consists of primarily private country clubs, resort, and planned residential development. Given the development history, land availability would limit the distribution and development of various housing projects, including affordable housing. However, the City has managed to locate/acquire existing affordable housing projects including rental and ownership units in the highest and high opportunity areas such as the Highway I I I corridor and the northern City. With the advantage that the entire City is rated Highest/High Resource, the City strives to distribute new affordable housing sites throughout the City despite the land availability constraint, as discussed in the Sites Inventory section below. Housing Element III-39 Item 3A-218 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element Assessment and Actions Given the factors considered above, there is no evidence of segregation based on disability in the City, but there may be segregation based on income and potentially familial status (single female - headed households with children) and opportunity to improve integration within Palm Desert and also across surrounding communities. As shown in Figures 3 and 4, Palm Desert has a relatively low concentration of lower income households in the Coachella Valley. The cities of Cathedral City, Palm Springs and Desert Hot Springs to the west, the cities of Indio and Coachella as well as unincorporated areas in both western and eastern valley have areas with higher rates of households living below the poverty line. While incomes in certain areas of the City are lower, the entire City is not considered disadvantaged economically because the median income is above 80% of the statewide average ($59,977 in Palm Desert; $75,235 in California, 2015-2019 ACS). While existing affordable housing units are located throughout the City including the lower income areas, there may be potential demand for more affordable housing, especially along the Highway Ill corridor. Expanded housingoptions at a \Cathedral Jobs Proximity lntlez 2014-2017 p ity < 20 (Furthest Proximity) diversity of price -points E_]20- 40 can help encourage a more I "0-80 1 so - eo economically diverse M < 80(Closest Proximity) community. 0 city boundaries However, as shown in Figure 5, Jobs Proximity Index, the City is rated with the closest proximity to employment opportunities 80 rating), except for small portions on the southern and eastern boundary (60-80 rating). Because all lower income areas are rated "High Resource" or "Highest Resource" (Figure I TCAC Opportunity Areas) and with close proximity to employment opportunities 60 rating), this suggests that access to opportunities should not be the driving factor behind the concentration of lower income households, but likely the type of jobs and housing available. Housing Element Ill-40 Item 3A-219 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element The City is aware that the COVID-19 pandemic can disproportionally impact potentially disadvantaged residents, households and small businesses. The City of Palm Desert ran an Emergency Rental Assistance Program to assist market -rate rental properties impacted by the pandemic. Qualified households must meet certain requirements, including having experienced a loss of income directly related to the pandemic and earning less than 80% of the area median income. The program provides financial assistance in the form of rental arrears to rental properties for delinquent payments for April 2020 and/or beyond. Eligible rental properties include multi- family homes (2 units or more), single-family homes (attached or detached) and accessory dwelling units. The City estimates serving up to 60 qualified households with assistance up to 5,000 per rental unit, and intends the program as an economic recovery tool for rental property owners and a safety net for low- and moderate -income households. The City of Palm Desert in conjunction with Coachella Valley Economic Partnership and the California Governor's Office of Emergency Services offers no -cost Personal Protective Equipment e.g. face masks, face shields and hand sanitizer) to Palm Desert businesses. This program helps alleviate overhead costs for small businesses and ensure compliance with state guidelines for the safety of all. Access to O000rtunity The TCAC Opportunity Areas (2021) designated for Palm Desert were reviewed by City staff. For the Composite Score shown in Figure 1, the majority of the City is rated "Highest Resource", and an area just north of Highway 111, along with five country clubs in the northern City are rated High Resource". The individual scores for the economic, education and environmental domains were reviewed to identify any disparities in access to opportunity. Most of the "High Resource" areas are rated with a lower economic domain score (0.25-0.50), which indicates relatively less positive economic outcome. It is unclear why the area north of Highway 111 scores lower in the economic domain, as it contains the Westfield Shopping Mall and College of the Desert, which hosts regular farmer's markets and other activities. The majority of the City scores in the highest range for the education domain (>0.75), which indicates more positive education outcomes. The remaining areas score slightly lower (0.50-0.75), which includes a primarily commercial area in the northwestern corner of Highway I I I corridor and the five country clubs that are rated "High Resource", as well as a portion of Bighorn Golf Club and Ironwood Country Club on the southern City boundary. The entire City scores in the highest range for the environmental domain (0.75-1), which indicates more positive environmental outcomes. There is no transportation score on the HCD data portal. However, all the "High Resource" areas score in the highest range of Jobs Proximity Index (>80), which indicates closest proximity (Figure 5). The area north of Highway I I I is well served with multiple bus routes (Routes I, 1X, 4, 5, 6) provided by SunLine Transit Agency. The five country clubs north of Country Club Drive have access to transit service, with bus stops in the area served by SunLine Routes 4 & 5. SunLine also provides the SunDial paratransit service, which is available within % of a mile on either side of a bus route for people who are functionally unable to use the fixed -route service either permanently or under certain conditions. The SunDial service covers the majority of the five country clubs and serves people with limited mobility. Housing Element II1-41 Item 3A-220 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element In summary, the City scores in mid -range and above for all individual and composite scores, except ' for the idiosyncrasy in economic domain score. There is no significant or obvious pattern of disparity in access to opportunity for City residents, including people with protected characteristics. This finding is consistent with the City's 2017 AFH, which contains an analysis of access to opportunity involving education, employment, transportation, poverty and environmental health, and found no significant disparities in terms of race/ethnicity or between different neighborhoods/census tracts. The 2017 AFH also determined that Palm Desert residents generally enjoy better access to opportunity compared to the regional level, including more proficient schools, a low poverty rate, higher proximity to jobs, higher labor force participation, better transit access and lower transportation costs, and better environmental health. Currently, affordable housing in Palm Desert is located in seven of the 18 census tracts that occur in the City. While there may be small clusters of affordable housing developments, it is important to note that the City is comprised of many country clubs with defined boundaries, which leave limited options for new housing developments. The City and its Housing Authority have managed to disperse affordable units throughout the City so that overall, they are not concentrated geographically. The residents of affordable housing units share the same access to opportunity as the occupants of market rate housing units. Affordable housing projects include Housing Authority owned family and senior apartments, Housing Authority owned or assisted ownership projects, privately developed and assisted ownership projects, and privately developed rental properties. There are a variety of affordable housing units in the central Highway I I I corridor south of Fred Waring Drive, including family apartments for very low to moderate, income tenants such as ' Neighbors Garden Apartments (24 two -bedroom units), Laguna Palms (48 studio, one -bedroom, and two -bedroom units), Palm Village Apartments (36 two -bedroom units), Santa Rosa Apartments (20 two -bedroom units), Taos Palms (16 two -bedroom units), Carel Trust (I two - bedroom apartment), and Candlewood Apartments (30 one- and two -bedroom units). There are also senior apartments for very low to moderate income tenants, including The Pueblos (15 one - bedroom units), Catalina Gardens (72 studio and one -bedroom units), River Run One (2 studio apartments), Legend Gardens (assisted living facility with 10 one -bedroom units), and Atria Palm Desert (assisted living facility with 5 one -bedroom units). Residents enjoy walking access to the various retail, restaurants, grocery and personal services in the Highway I I I corridor and El Paseo commercial district. Within a half -mile distance, Abraham Lincoln Elementary School and Palm Desert Charter Middle School are located to the northeast, George Washington Charter School to the southeast, and Mirus Secondary School to the west. College of the Desert, the Palm Desert Branch Library, Civic Center Park and Palm Desert Aquatic Center are also located conveniently to the northwest within walking distance. Additional affordable family apartments for very low to moderate income ranges are located west of the College of the Desert near the Highway I I I corridor, including One Quail Place (384 one - and two -bedroom units) and Desert Pointe (64 studio, one -bedroom, and two -bedroom units). The Portola Palms Mobile Home Park is located nearby, in between City parks and public schools, and includes 23 mobile homes for very low and low income ranges. Housing Element III-42 Item 3A-221 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element In the central part of City, there are several affordable family housing projects for very low to moderate income households: Hovley Gardens Apartments (162 two- to four -bedroom rental units), Falcon Crest (93 three and four -bedroom single-family homes), and La Rocca Villas (27 one -bedroom apartments). There are also 11 self-help homes restricted to lower income households. This area includes James Earl Carter Elementary School, the City of Palm Desert Hovley Soccer Park, medical offices, restaurants, and a range of service commercial stores. The Palm Desert High School is located within a mile to the south. SunLine Bus Route 5 serves the area with stops nearby on Cook Street. To the east of Palm Desert High School is Desert Rose, a single-family project with 161 three and four -bedroom units restricted to purchasers in the very low, low, and moderate -income categories. Facilities within the project include community recreation and daycare. Desert Rose residents have relatively close access to amenities and services in the Highway I I I corridor to the south. On the east side of the City, California Villas, located in the Palm Desert Country Club community, provides 141 one -bedroom units to very low to moderate income households. In the same neighborhood there is Villas on the Green, which consists of 76 studio, one, and two -bedroom units for persons over 55 years of age. Another senior housing project, Carlos Ortega Villas (72 one- and two -bedroom units) is located further east immediately south of a neighborhood commercial plaza. Both of these senior apartments are available for the very low to moderate income categories. Joe Mann Park is located just west of Carlos Ortega Villas, and Gerald R. Ford Elementary School is within walking distance to the south of California Villas. SunLine Bus Routes 6 & 7 serve the area with stops on Fred Waring Drive and Washington Street. Several other affordable housing projects are scattered on the north side of the City; including a senior apartment, Las Serenas Apartments (150 one- and two -bedroom units), and two family properties, The Vineyards (52 one and two -bedroom reserved units) and The Enclave (64 one, two, and three bedroom units). All three projects are available to very low, low and moderate income categories. Depending on location, these projects may not have access to bus service in the immediate area, but are within a one -mile radius of neighborhood -serving commercial developments including grocery shopping and restaurants. None of the currently affordable housing apartments in the City are at risk of losing affordability restrictions during or within 10 years of the planning period. There are 67 restricted ownership units built or rehabilitated by private parties that are at risk of converting to market rate housing. These include individually owned single-family homes and mobile homes throughout the City. The City is committed to extending covenants as described in Program 3.C. In addition to planned and pending affordable housing projects described in the Land Inventory Tables II1-47 & 1II-48) of this Housing Element, the City will establish a pilot program to encourage development of accessory dwelling units (ADUs) and junior accessory dwelling units JADUs) as described in Program 1.G, in an effort to expand housing choices in the highest resource areas. Disor000rtionate Housine Need and Displacement Risk The AFFH Guidance for All Public Entities and for Housing Elements (April 2021 Update) defines disproportionate housing needs' as `a condition in which there are significant disparities in the Housing Element III-43 Item 3A-222 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element proportion of members of a protected class experiencing a category of housing need when ' compared to the proportion of members of any other relevant groups, or the total population experiencing that category of housing need in the applicable geographic area.' Disproportionate housing needs range from overcrowding and overpayment to housing conditions disproportionately affecting protected classes, including displacement risk. Overcrowding As discussed under Existing Housing Stock (Table III-18), overcrowding is not a significant issue in the City of Palm Desert. As of the 2014-2018 ACS, only 4.0% of households in the City are considered overcrowded, with a higher percentage of renter households (8.0%, or 741 households) experiencing overcrowding. Among owners, 1.5% of households (218 households) experience overcrowding. The overall overcrowding rate (4.0% in 2018) in Palm Desert has remained constant compared to 2014; specifically, overcrowding has improved slightly for owners but worsened for renters. Compared to an overcrowding rate of 6.9% in the Riverside County (2018), overcrowding in Palm Desert is less significant. Both the renter overcrowding rate (8.0a/u) and owner overcrowding rate (1.5%) are lower than that of the County (11.8% and 4.3%, respectively). The slightly more severe overcrowding situation for renters in Palm Desert may result from insufficient supply of housing units or choice of lower income households to limit spending on housing. The City has entitled two projects with up to 99 affordable rental units that will be deed restricted and is actively facilitating at least three projects pending entitlements with 130 affordable rental units. Housing Element 111-44 Item 3A-223 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element Overpayment A comparison to cost burden and severe cost burden based on 2010-2014 data in the AFH to 2013- 2017 data (Table 111 43) shows that the percentage of cost burdened households dropped significantly for both renters and owners. However, nearly half (48.2%) of renters experience overpayment. The median rent ($1,260, Table III-44) in Palm Desert would result in a 4-person households with very low income ($37,650, Table III- Over"yment by Renttrtn 201&2018 1 1,20% 42) to overpay. As the 2013- L.3 lox ..ox 2017 CHAS shows in Table mow%-60% 11I-43, 72.7% of all lower- W%-80% income households in Palm 0 City Boundaries Desert pay at least 30% of their income toward housing costs; among them, 67.8% of lower -income owner households are overpaying and 77.0% lower -income dwm ai renter households are ,;;, y overpaying. However, as r„onS,nd P,n» s shown in Figure 6, overpayment by renters in 2019 was not a unique situation in Palm Desert, Raocho M'ra9° p,,, °o..... rather it is a chronic issue to be addressed both locally and regionally. Regionally, t,d overpayment among renters „oli., tends to be higher in the western and eastern Coachella Valley, including the cities of Desert Hot Springs and Coachella and ` Saa Jamto Mountains naaal M0nU,,,e,, unincorporated areas of Riverside County. The City is in a generally similar but slightly better situation Figure 6 compared to the region. For --- -- example, a much lower percentage (9.18%) of the City's family households with fewer than five persons experience severe housing cost burden compared to the Region's (I 8.780/o), and no Native American households in the City had severe housing cost burdens while 19.53% of the Region's households did. The City of Palm Desert sees a similar extent of renter overpayment to the cities of Rancho Mirage, Cathedral City, Palm Springs and Indio, but more overpayment than the cities of Indian Wells and La Quinta. In the Coachella Valley, overpayment among owners is less Housing Element 111-45 Item 3A-224 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element prevalent compared to renters. Most of the valley saw fewer than 60% of owners experience overpayment in 2019, including the entire City of Palm Desert. Certain portions of the City have fewer than 40% of owners overpaying for housing. Overpayment increases the risk of displacement for residents who can no longer afford their housing costs. The City has included all the programs under Goals 1 2 to carry out planned affordable housing projects and preserve and maintain existing affordable units. The City also aims to ensure adequate Section 8 housing assistance through outreach to the County Housing Authority. Substandard Housing Conditions Over half (63.6%) of the housing stock in Palm Desert is older than 30 Overpayment by Home Owners 2015-2019 lox 20x .40% 40%-sox sox - so s 90% City Boundaries years, with approximately 11.4% over 50 years old. Older houses often require some type of repair or rehabilitation, and the cost of such repairs can be prohibitive, which makes the owner or renter live in unhealthy, substandard housing conditions or get displaced if the house is designated as uninhabitable and the owner does not complete repairs. However, older homes, particularly those built during the mid- century period in the City are sought after, and are more likely to be conserved. The City refers lower income households to SCE's HVAC replacement program, averaging about 7 referrals annually when replacement of HCAC units is required. The City also runs a Home Improvement Program (HIP) to assist lower -income households with home repairs depending on funding availability. While only the Emergency Grant Component is currently funded, the City will consider CDBG funds to allow more participants in the HIP, especially for the units identified as lacking adequate kitchen and plumbing facilities (Program 2.A). The City will continue to provide program materials in languages other than English, as needed (see Program I LA). Housing Element III-46 Item 3A-225 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element Homelessness According to the 2019 Homeless Point -In -Time (PIT) Count for Riverside County, there were 23 unsheltered homeless individuals in Palm Desert (see Table III-31). The City participates in CVAG's Homelessness Initiative and the previous Homelessness Strategic Plan, and contributes over $100,060 annually to the Coachella Valley Association of Governments (CVAG) for regional homelessness services. The City permits homeless shelters in the Service Industrial (SI) zone and transitional and supportive housing in all residential zones. Program 5.D commits the City to bring its Zoning Ordinance in compliance with AB 101 for Low Barrier Navigation Center requirements on homeless shelters, and AB 139 for parking requirements at homeless shelters. Mortgage Loan Indicators Data related to home loan applications is made available annually through the Consumer Financial Protection Bureau, through the Home Mortgage Disclosure Act (HMDA). The data is organized by census tracts rather than local jurisdictions, and thus the following analysis is based on census tracts located entirely within the City of Palm Desert (451.14, 451.15, 451.16, 451.19, 449.29, 449.30, 449.19, 449.22, 449.27, 445.20, 514). Among first mortgage loan applications originated in Palm Desert in 2020, 76.4% were made to white applicants. For 16.3% of loans issued, race data was not available. Among first mortgage loan applications originated in Palm Desert in 2020, Asian (101, 3.2%), Black or African American (50, 1.6%), American Indian or Alaska Native (11, 0.3%) and Native Hawaiian or Other Pacific Islander (3, 0.1%) homebuyers received a small percentage of total mortgage loans. These percentages are lower than the corresponding race distribution of Palm Desert for white, Asian, and Black or African American groups. Considering the 16.3% of loans with unavailable data on race and geographical area covered in the analysis, the pattern is consistent with the City-wide race distribution. HMDA data combines data on Hispanic or Latino identity within other race categories; approximately 5.6% (180) of 3,199 loan applications that were originated went to borrowers identifying as Hispanic or Latino. The majority 447, 74.4%) of the 601 first mortgage loan applications that were denied were denied to white applicants (including 32 borrowers that also identified as Hispanic or Latino). Twenty (3.31/o) applications were denied to Asian borrowers, nine (1.5%) were denied to borrowers identified as Black or African American, and two (0.3%) were denied to borrowers identified as American Indian or Alaska Native. The racial distribution in denied applications are proportional to that in originated loan applications and is considered consistent with the City-wide race distribution. In 2019, the origination rate to white applicants was marginally higher than in 2020, with 77.9% of the 1,783 first mortgage loans originated for home purchases going to white residents. Black 1.1%, or 19 loans) and Asian (3.4%, or 60 loans) residents had about the same share of loans originated in 2019 as compared to 2020. The origination rates for American Indian or Alaska Native (0. 3%, or 5 loans) and Native Hawaiian or Other Pacific Islander (0.1 %, or 2 loans) groups in 2019 were the same as in 2020. Race data was not available for 15.1 % of first mortgage loans originated. Of the 402 first mortgage loans that were denied in 2019, 72.6% were denied to white applicants (292 loans; including 24 borrowers that also identified as Hispanic or Latino). Eight applications were denied to Asian borrowers, four each were denied to borrowers identified as Black or African American and Native Hawaiian or Other Pacific Islander, and two were denied to American Indian or Alaska Native borrowers. Approximately 6.1 % of loans originated and 8.5% of loans denied were for applicants who identify as Hispanic or Latino, though these loans are also Housing Element III-47 Item 3A-226 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element counted within other race categories. As described in Programs 4.A and I l .A, the City will strive ' to ensure equal access to lending programs for people in all segments of the population and prevent any discriminatory practices based on race, color, national origin, religion, sex, age, or disability. Displacement Risk The Urban Displacement Project (UDP) is a research and action initiative of the University of California Berkeley and the University of Toronto. UDP conducts community -centered, data - driven, applied research toward more equitable and inclusive futures for cities, and contributed the Sensitive Communities map to HCD's AFFH Data Viewer. Communities are designated sensitive if "they currently have populations vulnerable to displacement in the event of increased redevelopment and drastic shifts in housing cost" The following characteristics define vulnerability: Share of very low-income residents is above 20%; and The tract meets two of the following criteria: o Share of renters is above 40%, o Share of people of color is above 50%, o Share of very low- income households 50% AMI or below) that are severely rent burdened households is above the county median, o They or areas in close proximity have been experiencing displacement pressures (percent change in rent above County median for rent increases), or o Difference between tract median rent and median rent for surrounding tracts above median for all tracts in county (rent gap). The Sensitive Communities — Urban Displacement Project map (Figure 8) identified four census tracts in the City that are considered vulnerable to urban displacement. These tracts are located ' along Highway 111 and in the central City, and mostly overlap with areas that have lower than Housing Element 111-48 Item 3A-227 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element state median income (Figure 3), more diverse populations (Figure 2), and at least 40% of renters experiencing overpayment (Figure 6). These areas are primarily built out with minimal land available to support new affordable housing development. None of the currently affordable housing apartments in these areas are at risk of losing affordability restrictions within 10 years of the 2021-2029 planning period, and the City is committed to maintaining long term affordability of these units (Program 3.1)). Sites T, LL, PP, QQ, and DD/10 in the Vacant Land Inventory are located within these areas, which will offer up to 452 affordable units, most of which are already entitled. These upcoming developments will help alleviate displacement risks for lower income households in the tracts identified as vulnerable. Enforcement and Outreach Caoacitv The City complies with fair housing laws and regulation and enforces fair housing through periodical review of City policies and code for compliance with State law and investigation of fair housing complaints. In 2017, the City prepared an Assessment of Fair Housing (AFH) in association with its receipt of federal Community Development Block Grant (CDBG) funds. The City is set to meet housing element deadlines through efforts from both staff and consultants, and also update zoning laws and policies to ensure compliance with fair housing law upon adoption of the Housing Element update. The City has included an action in Program 9.A to update its Zoning Ordinance for density bonus requirements set forth in AB 2345. Program 8.A requires the City to maintain the Housing Overlay District and ADU standards in the Zoning Ordinance, and Program 1.G will create a pilot program to encourage accessory dwelling units dedicated as affordable units. Within a year of the Housing Element adoption, the City will ensure that the Zoning Code and land use policies comply with state laws and policies to allow a variety of housing types to serve all needs, encourage patterns of integration, and provide accommodations for protected classes. In addition to zoning and development standards, fair housing issues can also arise from rental, lending and purchase of housing including discriminatory behaviors by landlords, lenders, and real estate agents. Typical issues include refusal to grant reasonable accommodation requests or allow service animals, selective showing of property listings based on familial status, sex, religion, or other protected class, and more. The City complies with fair housing law on investigating such complaints by referring interested and concerned parties to Fair Housing Council of Riverside County (FHCRC). FHCRC is a non-profit organization approved by HUD that fights to protect the housing rights of all individuals and works with, government offices to ensure fair housing laws are upheld. FHCRC services include anti -discrimination outreach and investigation, mediation of landlord -tenant disputes, credit counseling and pre -purchase consulting, first-time homebuyer workshops, and foreclosure prevention/loan modification services. Between Fiscal Years 2007/08 and 2015/16, a total of 152 housing discrimination complaints were filed by Palm Desert residents at the Fair Housing Council of Riverside County (FHCRC). The majority (59.9%) were on the basis of disability, followed by 14.5% on the basis of race and 6.6% on the basis of familial status (other categories each represented 5. 3% or less of the total). Housing Element III-49 Item 3A-228 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element FHCRC provided counseling related to lending discrimination for the City's 2017 AFH. The AFH ' found that the census tracts with the highest loan denial rates (449.19 and 451.24) had low percentages of minority populations (10.7°/u). FHCRC's comprehensive audit on rental, sales and lending in 2013 did not have specific findings to Palm Desert, but did indicate that discrimination occurred on the basis of race and national origin during the loan application process and sale and rental housing in Riverside County. HUD's Region IX Office of Fair Housing and Equal Opportunity (FHEO) provided case records for Palm Desert in July 2021. Fifteen fair housing cases were filed with their office during the previous planning period, with seven based on disability, four based on familiar status, three on retaliation, two on religion and one each based on race/sex/national origin. Note that three of the cases were filed on multiple bases. Six of these cases were closed due to no cause determination, and one case remains open. Seven cases were closed with successful conciliation/settlement for issues such as refusal to rent, discriminatory advertising/acts/terms and conditions, or failure to make reasonable accommodation. All but two of these cases were handled through the Fair Housing Assistance Program (FHAP), in which HUD funds. state and local agencies that administer fair housing laws that HUD has determined to be substantially equivalent to the Fair Housing Act. The California Department of Fair Employment and Housing (DFEH) is the only certified agency for FHAP in California. Because state law has more protected classes than federal law, DFEH may have additional case records. A request was made in July to DFEH, and they provided data on closed cases on September 10, 2021. During the 2014-2021 planning period, DFEH had nine closed cases in Palm Desert. Three of these ' were dismissed after investigation most likely due to insufficient evidence, and another three were closed due to no cause determination. Of the remaining cases, two were filed based on disability, with one harm being reported as denied reasonable accommodation and rental/lease/sale. These two cases were closed after settlement by mediation or successful conciliation/settlement. The other case was filed on the basis of familial status (children), with the harm being denied rental/lease/sale, and was settled voluntarily by the Dispute Resolution Division (DFEH staff). FHCRC and DFEH did not provide additional location details for cases either because they do not track the geographic origin of complaints or due to confidentiality concerns. The case records reported above by local and regional service providers identify the most frequently filed case basis in Palm Desert to be disability. This is consistent with the finding in Riverside County's Analysis of Impediments to Fair Housing Choice 2019-2024 (2019 AI). The 2019 Al determined that discrimination against persons with disabilities is a standing impediment to fair housing choice. Although the County addressed the issue through education and outreach to housing providers through workshops, audits, information and referrals, nearly 63 percent of all fair housing complaints received by FHCRC during 2013-2018 in the County were on the basis of disability. Among other prior impediments assessed in the 2019 Al, lack of available housing and affordable housing are found to be market conditions rather than a discriminatory practice or impediment to fair housing. This finding concurs with the City's development history and land use pattern, which were shaped by the market rather than policies. Other prior impediments, such as rental advertising and viewing the unit, credit check/leasing, predatory lending/steering and other lending/sales concerns have been addressed through extensive education, training and other resources offered , by the FHCRC and County for various stakeholders in these processes. Habitability/construction Housing Element IE-50 Item 3A-229 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element evictions was removed from impediments to fair housing choice due to insufficient public data. The 2019 Al identified a new impediment in County land use policies on transitional and supportive housing, which is irrelevant to the City of Palm Desert with its own zoning code. The 2019 Al recommended that the County and its fair housing service provider should continue and expand education and resources for property owners, managers and residents on laws pertaining to reasonable accommodations and reasonable modifications, which are among leading reasons for discrimination on persons with disabilities. Workshops on housing rights of persons with disabilities, as well as free landlord -tenant services offered by fair housing service providers are also recommended to reduce and eliminate discrimination. These recommendations also shed light on how the City can address potential discrimination on persons with disabilities, which are reflected in Programs 4.13 and 5.13. Apart from actively engaging with developers to increase housing supply for protected classes (Programs LD and 3.E), the City continues to work with agencies and local organizations to affirmatively further fair housing through information dissemination, education, outreach and referral (Programs 4.A and I I.A). Sites Inventory The City extends into the Santa Rosa Mountains in the south, and much of the area near the southern City boundary is designated as Open Space on the General Plan and not available for development. The City is primarily built out; and future housing development will occur as mainly infill projects and on the north side of the City which has larger vacant parcels. As shown in the inventory map associated with Table III-47, the sites identified for the inventory are located in different parts of the City in various zoning districts and dispersed to the extent possible with available lands, which will encourage a mix of household types across the City. Most of the sites identified for this Housing Element, primarily those located along the Highway I I I corridor, will result in small -lot development and housing affordable to lower -income households. The RHNA sites designated for lower income units are distributed across the City with various General Plan designations, from the Highway 111 corridor (Sites T, LL) to central (Sites PP, QQ KK, DD) and northern City (Sites A-F, H). Their General Plan designations include Small Town Neighborhood, Neighborhood Center, Suburban Retail Center, Regional Retail, Town Center Neighborhood, Public Facility/Institutional, and Employment Center. Above moderate income units are expected to be market -driven, single-family homes traditionally built in the City (see Table III-48). The above moderate income projects are located throughout the City, many of which are near affordable housing sites (Sites B & 12, Sites D, 14 & 16) or part of the same project as affordable units (for example, Site DD/10, see map next to Table III-48). The vacant sites that are zoned suitably for multiple income categories are typically found on the central and north sides of the City, where larger vacant parcels are available for mixed income projects which combat potential segregation and concentration of poverty by providing a variety of housing types to meet the needs of residents in these areas. The sites' zoning designations include Housing Overlay District (all sites), Planned Residential, Planned Commercial, Public Institution, Residential Single Family, and Residential Multiple Family. Housing Element 111-51 Item 3A-230 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element Integration and Seereeation: Race and Income , As noted, there is no area of identified segregation in or near Palm Desert, and sites in the inventory are located in areas with a wide range of diversity ratings (Figure 2). Site LL in the Highway I I I corridor is in an area with lower median income (<$55,000), Sites PP, QQ, DD/10 are in an area with a slightly higher percentage of population below poverty level (<30%), Sites T and LL are in an area where >80% of renters experience overpayment. The location of lower income RHNA sites like T, LL, PP, QQ will expand affordable housing supply for households in need and alleviate renter overpayment in these highest and high resource areas. Site DD/10 as a mixed -income site for lower, moderate and above moderate income households will further promote a more economically diverse and integrated community. The Land Inventory is not expected to exacerbate any existing patterns of segregation based on race and income, but rather will enhance integration. Access to O000rtunity The City examined the opportunity area map prepared by HCD and TCAC (Figure 1). The opportunity area map designates the majority of the City as "Highest Resource", and the remaining as "High Resource", which indicate areas whose characteristics have been shown by research to support positive economic, educational, and health outcomes for low-income families — particularly long-term outcomes for children. Using the statewide opportunity area map, local knowledge, and indicators of segregation, displacement risk, and access to opportunity as overlays to the City's vacant land inventory, the City was able to identify sufficient sites for affordable units in Palm Desert's sixth cycle inventory (See Land Inventory section of this Housing Element and Table III-47) in areas identified by TCAC/HUD as either "Highest Resource" or "High Resource" with the highest Jobs Proximity Index scores. ' Several sites identified for affordable housing are located along the Highway 111 corridor, which offers a variety of resources and amenities. Multiple bus routes serve the area, which provide local and regional connectivity in the City, Coachella Valley and Riverside County. The Highway 1 I I corridor area features walkable streets and neighborhoods, and provides walking access to retail, restaurants, grocery and personal services. Several elementary and middle schools are located nearby, as well as a community college and public facilities such as library and aquatic center. These future housing sites affirmatively further fair housing through their close proximity to jobs, neighborhood retail and services, education and transit, all of which can reduce the overall cost of living for Lower -income households. The stores, restaurants and offices in both the Highway 11 I and El Paseo commercial districts provide varied job opportunities. The northern City has more and larger vacant lands with great development potential, and accommodates RHNA sites of all income levels. These projects are generally within a one -mile radius of the large commercial plaza on Monterey Avenue or neighborhood -serving developments including grocery shopping and restaurants near Country Club Drive. Existing preschool, elementary and high schools are generally within a two-mile radius. The City analyzed environmental constraints, including wildfire zones, I00-year flood zone, and 500-year flood zone, and confirmed that none of the sites identified are within or near any identified hazard zones. The sites identified in the vacant land inventory are not at risk of any environmental hazards. Evidence provided by the HUD tables and maps reveal there are no ' disparities in access to environmentally healthy neighborhoods. When compared with the Region, Housing Element III-52 Item 3A-231 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element the City residents scored much higher. The City ranged from 53.59 for Whites to 62. 28 for Asians. This is a much narrower range than the Region and demonstrates there are no significant differences in labor market access experienced by the different racial and ethnic populations living in Palm Desert. Overall, the Land Inventory is expected to improve access to opportunities for households in need by expanding affordable housing supply in highest and high resource areas. Disor000rtionate Housing Needs Based on the fair housing assessment, while the City offers a good selection of affordable housing units and has a slightly higher vacancy in rental units as of 2018, expanded housing options at a diversity of price -points can help alleviate overcrowding, overpayment and encourage a more economically diverse community. Areas along the Highway I I I corridor and in the central City generally have lower median income, higher percentage of population below poverty status and low to moderate income (LMI) population, and are identified as sensitive communities to displacement. In particular, Tract 451.08 on the north of the Highway I I I has over half (53.3%) low to moderate income population and over 60% of renters overpaying. The City is actively maintaining affordable housing projects including in the Highway I I I corridor, such that none of the apartments are at risk of losing affordability restrictions during or within 10 years of the 2021- 2029 planning period. The City will complete the RFP process for Sagecrest Apartments (Site LL) to provide at least 28 units for lower income households in Tract 451.08. The City adopted the Housing Overlay in 2020 and placed it on all Inventory sites including Site LL and Site T in Tract 451.08. Implementation of the overlay will provide significant incentives to developers for provision of affordable units including development fee waivers, development standard reductions, and parking reductions (Program 8.A). The Land Inventory and accompanying programs are expected to increase affordable housing supply and meet the diverse needs of all segments of the community. Contributing Factors Discussions with community organizations, government agencies, affordable housing developers, and the assessment of fair housing issues identified several factors that contribute to fair housing issues in Palm Desert, including: Lack of affordable, accessible units in a range of sizes: Families with children and disabled people have a high need for affordable housing. Lack of access to opportunity due to high housing costs including rising rents: Severe cost burdens greatly reduce the income available to meet other family needs including food, childcare, and medical expenses. This contributing factor also impacts households with one or more disabled member. Housing production out of balance with housing demand: New housing is needed to meet the housing needs of all income groups and fair housing protected classes. Housing discrimination during the rental/leasing process, particularly against persons with disabilities. Housing Element Ill-53 Item 3A-232 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element Based on this assessment, most of these contributing factors can be attributed to a common issue ' of limited options and supply. The City identified three goals to further housing equity in Palm Desert: 1) preservation of affordability of housing units that could convert to market rate housing, 2) increasing the number of affordable units for families with children and people with disabilities or other special needs, 3) increasing awareness among residents of housing discrimination and how to file complaints with local, state and federal agencies. These goals target all contributing factors to fair housing issues identified above, and are incorporated into the Goals, Policies, and Programs section. Programs 4.A and ILA focuses on information dissemination to all segments of the City population for affirmatively furthering fair housing and combating discrimination. Additionally, the City has incorporated meaningful actions that address disparities in housing needs and in access to opportunity for all groups protected by state and federal law, through preservation and new development of affordable housing and encouraging a variety of housing products including accessory dwelling units. (See Programs LA-G, 2.A, 2.13, 3.B-D) AFFORDABLE HOUSING DEVELOPMENTS The Palm Desert Housing Authority owns and operates approximately 1,114 rental housing units, and private developers own and operate approximately 319 rental units. An additional 227 units are anticipated. Additionally, the Housing Authority has assisted first-time lower income homebuyers in purchasing 301 ownership properties. Each development is described below. Palm Desert Housing Authority Owned and Assisted Rental Properties The Housing Authority owns eight (8) multi -family apartment complexes and seven (7) senior ' apartment complexes that provide affordable housing for lower income residents. Each of these complexes is described below. Combined, there are a total of approximately 1,114 affordable rental units that are Housing Authority owned and assisted. The number and mix of units and households fluctuates based on occupancy and turnover. The following breakdown is based on occupied units in January, 2021. Familv Anartments: One Quail Place provides 384 units, including 156 one -bedroom and 228 two -bedroom apartments, available to lower income ranges. There are 220 very low, 113 low, and 39 moderate income households currently living in the complex. Desert Pointe is a 64-unit complex with 34 studio, 24 one -bedroom, and 6 two -bedroom units which currently house 38 very low-income households, 15 low-income households, and 8 moderate income household. Neighbors Garden Apartments has a total of 24 two -bedroom units, 15 of which are rented by very low-income households, 6 of which are low-income tenants, and 2 are rented to moderate income tenants. Taos Palms provides 16 two -bedroom units to 10 very low, 4 low income households and 2 moderate income tenants. I Housing Element III-54 Item 3A-233 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element California Villas is a 141-unit project which provides one -bedroom units to 90 very low, 35 low and 10 moderate income households. Laguna Palms provides 48 units which include 4 studios, 18 one -bedroom, and 26 two - bedroom units to 30 very low income, 10 low income, and 6 moderate income tenants. Palm Village Apartments provides 36 two -bedroom apartments. The property includes 20 very low income, 13 low income, and 2 moderate income tenants. Santa Rosa Apartments provides 20 two -bedroom units to 13 very low income, 6 low income, and 1 moderate income tenants. Senior Apartments: The Pueblos includes 15 one -bedroom units for 12 very low and 3 low income senior households. Catalina Gardens provides 72 units, including 48 studio units and 24 one -bedroom apartments to 66 very low, 4 low, and 2 moderate income senior households. Las Serenas Apartments has 150 units, including 100 one -bedroom and 50 two -bedroom units rented to 118 very low-income, 23 low-income, and 8 moderate -income seniors. Candlewood Apartments provides a total of 30 units, including 26 one -bedroom units and 4 two -bedroom units to 22 very low, 5 low income and 3 moderate income senior households. La Rocca Villas includes 27 one -bedroom apartments and houses 21 very low income, 4 low income and 2 moderate income residents. Carlos Ortega Villas provides a total of 72 units, including 64 one -bedroom and 8 two - bedroom units, for 47 very low income, 22 low income, and 2 moderate income residents: Palm Desert Housing Authority and City Assisted Ownership Projects The Palm Desert Housing Authority and City provide financial assistance to eligible first-time homebuyers with down payment monies needed to secure financing toward the purchase of a new home in the Authority's housing developments. Desert Rose, a 161-unit single-family project, was developed in 1994. The three and four - bedroom units are restricted for a period of up to 45 years to purchasers in the very low, low, and moderate -income categories. Facilities within the project include community recreation and daycare. Falcon Crest provides 93 three and four -bedroom single-family homes for 13 low and 80 moderate income households. The project was completed in 2007 and 2008 and includes resale restrictions for a 45-year time period. Housing Element 11I-55 Item 3A-234 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element Privately Developed and Assisted Ownership Projects . ' The City and Palm Desert Housing Authority have provided various incentives to developers that dedicate units as affordable and carry affordability restrictions. The Rebecca Road and San Marino Homes were part of the Acquisition Rehabilitation Resale program. Three (3) single-family homes were rehabilitated and resold with resale restrictions for low and moderate income households. Coachella Valley Housing Coalition (CVHC) constructed a total of 11 self-help homes restricted to very low and low income households, that purchased the homes through low interest loans and sweat -equity programs. Habitat for Humanity constructed 11 single-family homes, which are restricted to very low-income households that were purchased through low interest loans and sweat -equity programs. Building Horizons homes were built as part of a vocational high school program, and provide 2 single-family homes for low-income households, with 30-year resale restrictions. Portola Palms Mobile Home Park includes 23 mobile homes, 16 of which are very low income, and 7 of which are low income. The project includes resale restrictions for 30 years. ITheNeighborhoodStabilizationProgram (NSP) was used to assist homeowners in the purchase of two (2) single-family properties. Privately Developed Rental Properties The City has provided various incentives to developers that dedicate units as affordable and carry affordability restrictions. Familv Properties: Hovley Gardens Apartments is a private project which received Agency assistance and tax credits, and constructed 162 two, three and four -bedroom rental units available to very low and low income households. The Vineyards, which consists of a total of 260 units, includes 52 one and two -bedroom units reserved for very low, low and moderate income households. The units were created through the City's density bonus program and the Agency has an option to purchase affordability of an additional52 units in the future. The Enclave, which consists of a total of 320 units, includes 64 one, two, and three bedroom units reserved for very low, low and moderate income households. The units were created IthroughtheCity's density bonus program. Housing Element 11I-56 Item 3A-235 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element The Carel family has 1 two -bedroom apartment available to lower income residents. L&T Development Company on Catalina Way includes 4 one -bedroom units for residents with low incomes. Senior Prooerties: Atria Palm Desert, an assisted living facility, includes 5 one -bedroom apartments for residents with very low incomes. Bernard on Catalina Way includes 4 studio apartments restricted to low and moderate income residents. Legend Gardens is an assisted living facility that includes 10 one -bedroom apartments for residents with very low and low income levels. River Run One includes 2 studio apartments for residents with very low and low incomes. Villas on the Green, which consists of a total of 76 units, includes 15 studio, one, and two - bedroom units for persons over 55 years of age in the very low, low and moderate income categories. The units were created through the City's density bonus program. Affordable Housing Units Built During the 2014-2021 Planning Period Carlos Ortega Villas, a Palm Desert Housing Authority rental property described above, was built in 2015. It includes 72 affordable senior units and incorporates a variety of energy efficient design concepts, including passive heating and cooling, solar panels to generate electricity, solar thermal panels for heating water, and water -efficient landscaping and plumbing fixtures, with the long-term goal of having net zero energy usage. The City secured an agreement with the Legend Gardens assisted living facility for 10 one - bedroom apartments for residents with very low and low income levels. CONSTRAINTS TO THE DEVELOPMENT OF HOUSING This section of the Housing Element analyzes the governmental, environmental, physical and economic constraints associated with the development of housing. These constraints can take many forms, but generally increase the cost of providing housing, which can have a potentially significant impact on affordable housing development. Governmental Constraints Permit Processine Palm Desert has historically provided expeditious processing for planning entitlements. The City encourages the concurrent processing of applications and can complete the entitlement process on most projects in three to six months, depending on the approving body and the complexity of the application. Housing Element 111-57 Item 3A-236 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element The City requires tract map review and approval for all single-family home tracts and a precise ' plan for multi -family projects, both of which can be processed concurrently with any other permit that might be required. For either, the review process is a simple analysis that assures that the project's design meets the requirements of the zone in which it occurs. Applications for Precise Plans, when complete, are circulated to other City departments for comments. The Precise Plan is then reviewed by the Architectural Review Commission (ARC) and approved by the Planning Commission. The ARC provides technical review of the Precise Plan application, including the provision of parking, trash enclosures and similar standards, and reviews the landscaping plans for water efficiency. The ARC meetings are public, but are not noticed hearings. ARC review is scheduled within two to three weeks of an application being found complete, and usually precedes Planning Commission hearing by three to four weeks. The ARC provides recommendations on the Precise Plan to the Planning Commission, which takes action on Precise Plan applications. Public notice and mailings are made ] 0 days prior to a Planning Commission hearing. The findings needed for approval of either a tract map or precise plan pertain to the project's consistency with State law; the General Plan and Zoning Ordinance; public health and safety; and the site's physical ability to accommodate the project. The findings focus on General Plan and Zoning consistency, are not subjective and do not pose a constraint to development. The average processing time for a typical application is 4 to 6 months, including the recently approved Montage single family homes, which received approval in 6 months, which is generally consistent with most Valley cities, and does not represent a constraint. The City also has a building permit streamlining process, for a fee, and allows "at risk" building permit applications, which can be submitted immediately following ARC review, and prior to Planning Commission approval. As described ' above, neither the process for a Precise Plan review, nor the time required are constraints to the development of housing. The City has not received any requests for streamlined processing under SB 35, and to date has relied on the requirements of law should an SB 35 project be proposed. In order to encourage development of affordable housing under SB 35, Program LH has been added to require the establishment of an SB 35 streamlining process within the first year of the planning period. Individual single-family homes do not require a public hearing and are approved by the Planning Department as part of the usual building plan checking process. Building permits are processed, generally in one to four months. Development of residential projects under the City's recent General Plan update have been consistent with the densities allowed under the Land Use Map. The City's processes are not a constraint to the provision of affordable housing. Aoolication Fees The City posts current fees and exactions that are applicable to proposed housing development projects on the City's website, consistent with Government Code §65940.l(a)(1)(A). Table III-21, below, illustrates typical permit fees for a hypothetical single-family subdivision and an apartment project. Each fee is described in detail in subsequent sections of the Housing Element. The table is not meant to be exhaustive, but provides a general representation of typical development fees. Total fees for a 32-unit subdivision are estimated at approximately $19,131 per unit, 63% of which 11,908) are impact fees which are not controlled by the City. Total fees for a 32-unit apartment ' complex are estimated at $7,589 per unit, 73% of which ($5,487) are non -City fees. For an Housing Element III-58 Item 3A-237 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element affordable housing apartment project with an average per unit cost of $208,200 per unit, the City's fees represent 3. 6% of the cost of that unit, and are not a constraint to development. Furthermore, the City has the ability to waive fees for affordable housing projects, with the exception of fees not imposed by the City such as MSHCP fees, which further reduce the cost. The City's development fees are not an impediment to the provision of housing. Table III-21 Typical Permit Fees for Housing Developments in Palm Desert Typical Fees 32 Unit 32 Unit Apartment Fee Type Subdivision' Project2 City Fees: Planning Department: Tentative Tract Map 3,308 n/a Tentative Parcel Map n/a 1,203 Environmental Assessment 276 276 Precise Plan 2,894 2,894 Public Works Departments: Grading Plan Check 3,023 853 Subdivision Precise Grading Plan Check 3,500 n/a SWPPP/NPDES Plan Check 176 176 PM 10 Plan Check 78 78 Signing and Striping Plan Check 1,110 1,110 Traffic Signal Plan Check 1,480 1,480 Signalization Impact Fee 1,600 1,600 Drainage Impact Fee (location dependent) 1,500 1,500 WQMP Fee (deposit) 3,700 3,700 Building and Safety Department: Plan Check 46,080 8,512 Inspection 72,960 9,120 Permit Issuance 105 105 New Construction Fee 25,600 12,160 Fire Facilities Fee (location dependent) 22,688 5,824 Art in Public Places Fee 41,080 16,656 Subtotal, City Fees: 228,264 64,353 Non -City Fees: Strong Motion Implementation Program (SMIP) Fee 2,136 866 Multi -Species Habitat Conserv. Plan (MSHCP) Fee 43,872 8,128 Transportation Uniform Mitigation Fee (TUMF) 73,920 42,560 Desert Sands Unified School District (DSUSD) Fee 261,120 124,032 Subtotal, Non -City Fees: 381,048 175,586 Total Cost: 612,206 242,833 Total Cost Per Unit: 19,131 7,589, Assumes a 10-acre subdivision (4 du/ac + 2 addl. acres), 32 single-family dwelling units. Each unit is 2,000 square feet and valued at $513,498 (average value from Table III-14). 2 Assumes a 2-acre parcel with 32-unit multi -family apartment complex. Each unit is 950 square feet and valued at $208,200 average value from Table III-14). IDoes not include Half Street and Full Street Improvement Plan Check or Storm Drain Plan Check which are based on project - specific linear feet. Housing Element III- 59 Item 3A-238 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element Table III-22, below, identifies the City's current (2021) Community Development/Planning fees Iforprocessingapplicationsandpermits. They have not increased since 2012 and are not considered a constraint to the development of affordable housing in the City. Table I1I-22 Community Development/Planning Fee Schedule, 2021 Permit Type Fee General Plan Amendment/Change of Zone 2,007 Architectural Review (single family) 226 Conditional Use Permit or Precise Plan 2,894 Environmental Assessment 276 Tentative Tract Map 3,308 Tentative Parcel Map 1,203 Source: "Community Development/Planning Fee Schedule," Resolution 2012-37, City of Palm Desert, June 14, 2012. General Plan and Zonine Ordinance Constraints The residential districts of the Land Use Element allow a broad range of densities for all types of development: Rural Neighborhood allows 0.05 to 1 units per acre Golf Course & Resort Neighborhood allows up to 8 units per acre Conventional Suburban Neighborhood allows 3 to 8 units per acre Small Town Neighborhood allows 3 to 10 units per acre Town Center Neighborhood allows 7 to 40 units per acre The General Plan also allows residential uses in Commercial designations: Resort & Entertainment District allows up to 10 units per acre Regional Retail District allows 10 to 15 units per acre Suburban Retail Center allows 10 to 15 units per acre Neighborhood Center allows 10 to 15 units per acre City Center/Downtown allows 12 to 40 units per acre The City's Zoning designations parallel the General Plan and include: Hillside Planned Residential District (HPR) (maximum 0.2 du/ac) Estate Residential District (R-E) (0.5 to 1 du/ac) Single-Family/Mobile Home District (R-1-M) (4 to 7 du/ac) Single -Family District (R-1) (2 to 8 du/ac) Mixed Residential District (R-2) (3 to 10 du/ac) Multifamily Residential District (R-3) (7 to 40 du/ac) Planned Residential District (PR) (4 to 40 du/ac) Housing Element III-60 Item 3A-239 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element Density Bonus The Zoning Ordinance also includes density bonus provisions, incentives and concessions, housing overlays, and flexible development standards where applicable. Section 25.34.040 establishes eligibility criteria and general provisions for density bonuses. The number of additional dwelling units entitled depends on the number of very low, low, and moderate income units and senior units provided in the development, with a maximum increase of 35%. Additional concessions, such as reductions in development standards, may be approved, and special provisions are available for development of a childcare facility or donation of land to the City. Effective January 1, 2021, AB 2345 amends the state's Bonus Density Law to increase the maximum density bonus from 35% to 50% for projects that provide at least: 1) 15% of total units for very low income households, 2) 24% of total units for low income households, or 3) 44% of total for -sale units for moderate income households. AB 2345 also decreases the threshold of set - aside low income units required to qualify for concessions or incentives, and decreases the number of parking spaces required for 2 and 3-bedroom units. Density bonus projects within %2 mile of a major transit stop may also qualify for reduced parking requirements. Program 9.A directs the City to amend the Zoning Ordinance to assure compliance with AB 2345. Housing Overlays The Senior Housing Overlay (SO) allows flexibility in density and development standards to reflect the unique requirements of persons over the age of 55. The SO allows for reductions in parking standards, and calculates units based on population per acre, rather than units per acre, to allow greater flexibility in the development process. In 2020, the City replaced the former Medium/High Density Housing Overlay District with the Housing Overlay District (HOD) to incentivize the development of new housing units at affordable rents. The HOD provides optional, flexible development standards, density bonuses, design criteria, and parking reductions for the development of a wide variety of housing products which provide a minimum of 20% of all units at income -restricted rents, or at least one unit for smaller residential projects. It also eliminates the public hearing requirements and waives City plan check/inspection fees and potentially other fees. The HDO was applied to all Housing Authority parcels and privately owned parcels listed in Table III-47, Vacant Land Inventory. Residential Development Standards The development standards in the Zoning Ordinance are also not restrictive, as shown in Table III-23, below. Housing Element III-61 Item 3A-240 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element Table III-23 Residential Zoning District Development Standards Zoning District* R Ea R-13 10,000s Standard f R-2 R-3 R-1-Mt HPR PRs lac 15,000s but 10,000s 4 f 15,000s f f Units/Acre 1-2 2-3 34 5- 8 3- 10 7-40 7 115 ac 4-40 Lot Size, 40,000 15,000 10,000 8,000 3,500 3,000 20 ac/ minimum sf sf sf sf sf sf 5,000 sf --- --- Lot Size, 14,999 9,999 maximum 1 ac No max sf sf No No No max max max Lot Width, minimum 150' 90, 90, 70' Lot Depth, minimum 200' 125' 100, --- Lot Coverage, maximum 30% 35%Z 35%Z 35%2 Setback 30/10/5 25/15/20 20/8/20 20/5/ 15 Front/Side 0 Rear Parking 2/unit? 2/unit' 2/unit' 2/unit' Building 15' (18' 15, 15' 15' Height, ARC)' (18' (18' (18' max ARC)' ARC)' ARC) Group usable open space/du, --- --- --- --- minimum Residential development is allowed in all Commercial zones i-7 Notes are provided in Zoning Ordinance Table 25.10-3. 8. Established in Precise Plan. 9. Except in HOD, where Studios and One Bedrooms are 1.5/unit. ARC = Architectural Review Commission Source: City of Palm Desert Zoning Ordinance, Table 25.10-3 50' 40' 500' 60% 75% 10% 50% 12/5/1 10/8/1 20/10/1 5 0 0 2/unit' 2/unit9 2/unit9 2/unit 2/unit 9 9 30' 40' 18, 40' 300 sf The City's development standards allow for two story development in the R-1 district (lot size 10,000 sf), 2.5 stories in the R-2 district, and 3 stories in the R-3 and PR districts. Common area requirements in the R-3 and PR zones are also typical of desert cities and allow for clustering of units to allow for common area amenities. Even with imposition of the City's development standards, and assuming a unit size of 1,000 square feet, with two parking spaces per unit and 40% open space, densities in excess of 22 units per acre could be achieved. Therefore, the City's development standards are not a constraint on the development of housing. Housing Element III-62 Item 3A-241 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element Accessory Dwelling Units The Zoning Ordinance was updated in 2020 to comply with new state legislation pertaining to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs). An ADU is an attached or'detached residential unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence; it also includes efficiency units and manufactured homes. A JADU is no greater than 500 square feet in size, contained entirely within an existing or proposed single-family structure, including its own sanitation facilities or shares them with the single-family structure, and includes an efficiency kitchen. ADUs and JADUs are permitted on any lot in a residential or mixed use zone, with the exception of the Hillside Planned Residential (HPR) zone, and are also permitted in the Public/Institutional zone. As shown in the following table, between 2014 and 2020, a total of 162 ADU building permits were issued (average of 23 ADUs per year). Table III-24 ADU Building Permits, 2014-2020 Year No. of Permits Issued' 2014 26 2015 19 2016 27 2017 26 2018 21 2019 19 2020 24 Total:. 162 Short-term Rental Ordinance Section 5.10.050 of the Municipal Code defines short-term rental (STR) units as privately -owned residential dwellings rented for dwelling, lodging, or sleeping purposes for a period of less than 27 consecutive days..STRs are allowed in the RE (Residential Estate), HPR (Hillside Planned Residential), R3 (Residential Multiple Family) except for apartment units, and PR (Planned Residential) only within a Homeowners Association that allows for STRs with written approval. Homeowners are required to obtain a STR permit and collect transient occupancy taxes (TOT) at a rate of 11 % of the rent charged. STRs provide homeowners with opportunities_ to increase their incomes, which can offset their housing costs. STRs are often rented by vacationers rather than permanent residents, and the added TOT revenues are not considered a constraint to housing. Furthermore, because only units within planned communities are allowed to have STRs, and these communities contain only market rate units, the presence of STRs in Palm Desert does not constrain the development of affordable housing. Housing Element III-63 Item 3A-242 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element Low Barrier Navigation Centers ' Assembly Bill (AB) 101 requires that Low Barrier Navigation Centers (LBNC) be a by -right use in areas zoned for mixed use and nonresidential zoning districts permitting multifamily uses. LBNCs provide temporary room and board with limited barriers to entry while case managers work to connect homeless individuals to income, public benefits, permanent housing, or other shelter. Program 5.D of this Housing Element directs the City to review and revise the Zoning Ordinance, as necessary, to ensure compliance with AB 101, and to modify the definition of homeless shelter" to include this use. Zoning for Special Housing Types The Zoning Code also facilitates the development of other special housing types, as summarized in -the table below. Group homes for 6 or more are permitted by right in the residential zones, and require a Conditional Use Permit in the commercial zones, to assure high quality of life for the residents. Reasonable accommodation measures for disabled residents are established in Zoning Code Section 25.64.050. Reasonable accommodation requires a no -fee application, and are approved at the staff level, subject only to the following standards: 1. The requested accommodation is requested by or on behalf of one or more individuals with a disability protected under the fair housing laws. 2. The requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling. ' 3. The requested accommodation will not impose an undue financial or administrative burden on the City as "undue financial or administrative burden" is defined in fair housing laws and interpretive case law. 4. The requested accommodation will not result in a fundamental alteration in the nature of the City's zoning program, as "fundamental alteration" is defined in fair housing laws and interpretive case law. 5. The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others. Housing Element I1I-64 Item 3A-243 RESOLUTION NO. 2022-20 Housing Type Multi -family housing TN/City of Palm Desert General Plan/Housing Element Table III-25 City of Palm Desert Zoning for Special Housing Types Zoning Where Permitted R-2, R-3 permitted use PR conditional use Factory -built, manufactured housing Mobile homes Manufactured home parks Farmworker housing Homeless shelter Emergency shelters Transitional & supportive housing Single -room occupancy units Group home Guest dwelling Caretaker housing Assisted living ADUs and JADUs Infrastructure Requirements OP, PC-1, PC-2, PC-3, PC-4, SI conditional use P conditional use R-1-M conditional use P conditional use R-I-M conditional use P conditional use R-1-M conditional use P conditional use SI permitted use PC-1, SI permitted use RE, R-1, R-2, R-3, R-IM, HPR, PR permitted use SI conditional use RE, R-1, R-2, HPR, PR permitted use OP, PC -I, PC-4, SI conditional use P conditional use RE, R-1, R-2, HPR, PR permitted use SI permitted use R-1, R-2, R-3, PR conditional use RE, R-1, R-2, R-3, It- IM, PR, P permitted use Most of the City is served by General Plan roads, water, and sanitary sewer facilities. Individual development projects are required to connect to water and sewer facilities and improve roadways in and adjacent to the project. Adjacent roadways must be improved to their ultimate half width and include curb, gutter and sidewalk. Roadway standards for local or neighborhood streets that allow parking on both sides must have a paved width of 40 feet. The City will allow deviations to these standards, including the narrowing of streets if on -street parking is restricted. Pursuant to SB 1087, the Coachella Valley Water District will be provided with the adopted Housing Element and required to establish specific procedures to grant priority service to affordable housing projects. As water and sewer services are installed in most neighborhoods in the City, the City's water and sewer provider, the Coachella Valley Water District (CVWD), will not be constrained in providing services in the City. CVWD has an approved Urban Water Management Plan (UWMP), which was developed based on the City's General Plan build out, which states that it has sufficient supplies available to meet the City's built out demands. The District's Cook Street Water Reclamation Plant (WRP-10), which provides sanitary sewer treatment for the City, has a combined secondary capacity of 18 million gallons per day, and in 2021 processed an average daily flow of approximately 9 million gallons per day. The District, Housing Element III-65 Item 3A-244 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element therefore, has more than enough capacity to treat wastewater generated by the City in the future, ' including sufficient capacity to accommodate the regional housing need. As referenced in its 2015 UWMP, CV WD's long-range plans include adding treated and untreated Colorado River water to its urban water distribution system and using desalinated agricultural drain water for irrigation purposes. The City routinely consults and coordinates with CVWD to assure that services and facilities are adequate to meet the community's needs. Dry" utilities in the City include electricity, natural gas, telephone, cable, and solid waste collection and disposal. Southern California Edison (SCE) provides electricity to most of the City of Palm Desert. Imperial Irrigation District (IID) provides power to limited portions of the City, including most of the California State University/San Bernardino (CSSB) Coachella Valley Campus and the Avondale Country Club. Natural gas services and facilities are provided to most of the City by the Southern California Gas Company through regional high-pressure transmission lines and medium -pressure distribution lines. Development located west of the Palm Valley Stormwater Channel, parallel to Highway 74, is not connected to the natural gas system and uses propane gas as an alternative fuel source. Telecommunication services are provided to the City by Frontier Communications, Spectrum and other cell service providers. Solid waste collection and disposal is provided by Burrtec Waste & Recycling Services. The City coordinates with utility and service providers, as necessary, regarding the planning, designing, and siting of distribution and other facilities to assure the timely and environmentally sensitive expansion of facilities. Public Works Fees Table III-26 depicts the City's Public Works Department engineering fees, including those associated with site preparation and infrastructure. Table III-26 Public Works Engineering Fees Grading Plan Check (per plan) 853 1" 3 acres 310/acre ea. add. acre Subdivision Precise Grading Plan Check 1,628 up to 8 lots; $78/lot each add. Hydrology Report Plan Check 352/acre SWPPP/NPDES Plan Check 176 PM10 Plan 78 Half Street Improvement Plan Check 891/1000 LF Full Street Improvement Plan Check 1,550/1000 LF Storm Drain Plan Check 1,55011000 LF Signing and Striping Plan Check 1,110 Traffic Signal Plan Check 1,480 Faithful Performance Bonds 100% of Public Improvements + 25% of Grading Amount Labor & Materials Bond 2 of Faithful Performance Amount Signalization Impact Fee 50. 00/residential unit Drainage Impact Fee 1,000-$4,000/ac. (based on location) MSHCP Fee 0-8 units/acre: $1,371 per unit 8.1-14 units/acre: $571 per unit 14+ units/acre: $254 per unit WQMP Fee 3,700 Sources: "Public Works Engineering Fees," City of Palm Desert, June 27, 20I7; MSHCP Local Development Mitigation Fee, Coachella Valley Conservation Commission, July 1, 2020. Housing Element IH-66 Item 3A-245 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element Because individual projects vary greatly, it is not possible to determine an average cost per unit based on Public Works fees beyond the estimate provided in Table III-21; however, the limited impact fees charged by the City make it one of the less costly in the Coachella Valley in which to develop. These fees are not a constraint on the development of affordable housing. Building Code Requirements As with most communities in California, the City has adopted the California Building Code (CBC) and updates the Code periodically as State-wide updates are developed. Currently (2021), the City is enforcing the provisions of the 2019 CBC. The City cannot adopt standards that are less stringent than the CBC. The only local amendments made by the City are administrative and relate to the timing of payment of fees. These amendments have no impact on the provision of affordable housing. Since all communities in the State enforce similar provisions, the City's CBC requirements are not an undue constraint on the development of affordable housing. Building Permit Fees' The Building Department charges on a per square foot basis for building permit plan checks and inspections. For single-family custom or tract homes less than 2,500. square feet, the combined architectural and structural charge is $0.72 per square foot for plan check, and $1.14 per square foot for inspection. Fees vay slightly for other single-family housing types and sizes. For multi- family residential units; the combined architectural and structural plan check fee is $0.30 per square foot for projects less than 15,000 square feet, and $0.28 per square foot for projects larger than 15,000 square feet. Inspection fees are $0.36 per square foot for the smaller projects, and 0.30 per square foot for the larger projects. A flat fee of $105 is charged for permit issuance. In all cases, whether single family or multi -family, additional charges apply for plumbing and electrical inspections. New Construction Tax Per Ordinance No. 216, a new construction tax of $0.40 per square foot is charged on all new and additional square footage added to the building under roof (i.e. additional square footage for single- family dwelling additions, converting garages, atriums or patio areas to living space and all commercial additions). Low Income Housing Mitigation Fee Per City Resolution 90-136, all commercial development is assessed mitigation fees which are directed toward low income housing. Fees are paid at the issuance of building permits, according to the following schedule. Building and Safety Fee Schedule," Resolution 2012-37, City of Palm Desert, June 22, 2012. Housing Element 11I-67 Item 3A-246 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element Table III-27 Low Income Housing Mitigation Fee Schedule Type of Development _ _ Fee General Mixed Commercial 1.00 per sq. ft. Professional Office 0.50 per sq. ft. Industrial 0.33 sq. ft. Resort Hotel (major amenities) 1,000 per room Non -Resort Hotel (limited amenities) 620 per room Fire Facilities Impact Mitigation Fee The Fire Facilities Impact Mitigation Fee, shown below, is charged in designated areas to supplement future fire protection needs. Table III-28 Fire Facilities Impact Mitigation Fee Schedule Type of Development Fee Residential: Low Density $709/unit Medium Density $306/unit High Density $182/unit Note: fee is charged only in designated areas Non-residential fees are not shown. ' Art in Public Places Fee Per Ordinance No. 473, the City charges an Art in Public Places fee. The residential fee is 0.25 of 1 % of valuation of the structure. Individual single-family dwelling units not in a development are exempt from the first $100,000. Other Development Fees In addition to the City's fees, residential developers are responsible for the payment of the State mandated school fees. School fees in the Desert Sands Unified School District (DSUSD) are currently (2021) $4.08 per square foot. Development in the Coachella Valley is also required to pay Transportation Uniform Mitigation Fees (TUMF) to the Coachella Valley Association of Governments (CVAG) to offset impacts to regional roads and transportation improvements. The fee is $2,310 per detached single-family unit, 1,330 per multi-family/mobile home unit, and $495 per nursing/congregate care unit. There is a 15% discount for transit -oriented development. Affordable housing is exempt from TUMF fees. The City is within the boundaries of the Coachella Valley Multiple Species Habitat Conservation Plan (CV MSHCP). As such, new development projects are required to pay local development mitigation fees for the acquisition and management of habitat lands. Fees are listed in Table III- 26. Housing Element III-68 Item 3A-247 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element The City's Strong Motion Instrumentation Program (SMIP) fee is charged on new development. For residential development, the fee is 0.00013 of total valuation. Collected SMIP fees are passed through to the State Department of Conservation. Developers also must pay connection and/or metering fees for public utilities. These fees vary somewhat from one provider to the next, but since many of the utility companies in the Coachella Valley serve all the cities, the fees are consistent throughout the area. Code compliance for structural deficiencies or maintenance problems is processed as follows. A phone call and/or a site visit is made to inspect the reported problem and discuss correction of deficiencies with the owner. In most instances, this is sufficient to cause the violation to be corrected by the property owner. If the violation is not corrected, a notice is sent to the owner, giving the owner 20 days to correct the violation. The City has the ability to directly abate a violation if the owner is unwilling or cannot be located. All costs associated with abatement are billed to the property owner. If the owner is unwilling to pay, a lien is placed on the property. These procedures are typical of those employed by most cities in California and do not place an undue constraint on the development or maintenance of housing. Efforts to Remove Governmental Constraints No governmental constraints have been identified that have a significant adverse impact on housing development in Palm Desert. The City's permitting process and infrastructure requirements are comparable to those of other Coachella Valley cities. Although some application fees have increased somewhat since the last planning period, they remain among the lowest in the region., General Plan and zoning land use designations allow for all types of development and a broad range of densities. Zoning Code Section 25.34.040 allows the City to grant density bonuses, offer incentives and concessions, and waive or reduce development standards for affordable housing projects that can result in identifiable cost reductions to the developer. The City's housing policies and programs have been reviewed and revised, as necessary, to assure that governmental constraints are minimized. Policy 7 of this Housing Element allows the City Council to waive fees for affordable housing projects on a case -by -case basis. Non -Governmental Constraints In general, the City sees applications for building permits submitted within approximately 30 days of entitlement of a project. This process, however, is entirely under the control of the developer, and can vary substantially from one project to another. The City generally does not receive requests for projects below the density allowed for sites on its Vacant Land Inventory (Table III-47). Recent project applications rather have requested the maximum density for these sites (please see further discussion under Land Inventory, below). There are no non -governmental constraints that impact the City's ability to meet its RHNA allocation by income category. On the contrary, the City's processing times and costs have generated applications for 710 units affordable to very low and low income households, and 617 units affordable to moderate income households (see Pending Affordable Housing Projects, below). The constraints, expressed by the affordable housing community at City Housing Element workshops and study sessions, occur with State funding, applications, not with non -governmental aspects of the development process. The City actively supports affordable housing project funding applications in order to overcome the constraint caused by State processes. Housing Element III-69 Item 3A-248 RESOLUTION NO. 2022-20 TN/City of Palm Desert General PlanMousing Element Economic Constraints Economic constraints are those associated with the cost of land and construction, and the ability to finance any housing, ranging from single-family homes to larger apartment or condominium projects. The cost of land varies somewhat from city to city in the Coachella Valley, but the cost of construction and the ability of homes and projects to financed is regional in nature. Land and Housine Costs The cost of land has the potential to impact the overall cost of housing. A survey of vacant residential lots in Palm Desert found that single-family properties range from approximately 156,000 to $1,400,000 per acre, with an average of $804,453 per acre 6 Multi -family properties average $391,598 per acre. As shown in Table III-19, according to ACS data, the median cost of existing homes in Palm Desert increased 9.0% between 2013 and 2018, from $308,000 to $335,400. According to a recent regional economic study, the median price in 2020 (3' quarter) was $484,324 for -existing homes and $621,938 for new homes? The American Community Survey determined that the median rental rate in the City in 2018 was 1,260. In order to update this information to current (2021) conditions, representative rental rates for non -subsidized apartments were collected and are provided in Table III-29, below. As shown, rents can range from $1,675 to $2,490 for a 3-bedroom unit. Additional analysis shows rents can ' range from $3,000 to $7,500 and higher for a 4+-bedroom unit.' Table I11-29 Median Gross Rent by Bedrooms No. of Bedrooms Median Gross Rent* No bedroom 1 bedroom 2 bedrooms 3 bedrooms 4 bedrooms 5+ bedrooms Median Gross Rent: 729 974 1;307 1,691 2,082 Not.provided 1,260 r estimated, renter -occupied housing units paying cash rent' Source: American Community Survey 2014-2018 5-Year Estimates, Table B25031 6 LandWatch.com, accessed January 28, 2021. ' Inland Empire Quarterly Economic Report," Year 32, Economics & Politics, hic. October 2020. s Rent.com, accessed September 3, 2020. Housing Element III-70 Item 3A-249 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element Table III-30 Representative Apartment Market Rental Rates in Palm Desert, 2021 Project Name Unit Size Market Rental Rate The Regent 1 & 2 Bdrm 1,395-$1,685 Desert Fountains Studio, 1 & 2 Bdrm 91541,230 Desert Oasis Studio, 1, 2 & 3 Bdrm 1,195-$1,675 The Enclave 1,2 & 3 Bdrm 1,660-$2,400 The Vineyards 1,2 & 3 Bdrm 1,490-$2,490 Royal Palms 2 Bdrm 1,695 Construction Costs ' Construction costs vary widely depending on location, project site, bedroom count, finishes, fixtures, amenities, building type, and wage and hiring requirements. Other determining factors include terrain and soil conditions, environmental factors, and availability of infrastructure. In the Coachella Valley, construction costs for single-family dwelling units generally range from $235 to over $275 per square foot (excluding site improvements), varying based on the location, size, materials, fixtures, and finishes selected? Vertical multi -family construction costs generally range from $125 to $145 per square foot.10 A 2021 survey of regional affordable housing developers determined that the average construction cost for affordable housing in the valley is approximately 317,074 perunit/door. Financine Costs The cost of financing can also impact the development community's ability to fund projects. Mortgage interest rates are currently near historic lows but fluctuate over time. Affordable housing typically relies on a mix of public and private financing sources, including tax credits, subsidies, grants, bond funds, and other funding sources, some of which are subject to rules and restrictions. Physical Constraints Aee of Housine Stock As shown in Table III-15, 25,312 housing units in the City are over 30 years old, representing 63.6% of the housing stock. Maintenance in the City is not a significant issue; however, and the Palm Desert Housing Authority has programs in place to assist lower income households with home repairs and improvements. Condition of Housine Stock 9 Gretchen Gutierrez, CEO, Desert Valleys Building Association, March 2021. 0 Chris Killian, Senior Vice President of Construction, National Core, March 2021. Based on atypical 50- 75 unit project with 2 and 3 story garden style walkup buildings (Type V-Wood). Housing Element III-71 Item 3A-250 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element As shown in Table III-16, of 24,114 occupied housing units in Palm Desert, 67 (0.3°/u) lacked complete plumbing facilities, and 198 (0.8%) lacked complete kitchen facilities. Depending on overall conditions, these units could be considered substandard. The Palm Desert Housing Authority manages the Housing Improvement Program (HIP), which is funded through CDBG. Currently, the emergency grant component is the only component that is funded. It assists homeowners with emergency health and safety repairs to their homes, such as roof repairs, water heater replacement, and ADA improvements. Four (4) households received emergency grants during the 2014-2021 planning period. Environmental Constraints The City is identified as Zones III and IV in the Uniform Building Code (UBC) for seismic activity. The UBC imposes certain standards for construction in these zones, which may add to the overall costs of housing. These standards, however, are necessary for the public health and safety, and are common throughout the Coachella Valley and California. None of the proposed sites occur on lands designated as Alquist-Priolo Earthquake Fault Zones by the State. There are no active faults on any of the sites proposed for development of affordable housing units in the City. The standards required to protect the City's residents from seismic hazards are not considered a constraint to the provision of housing. There are no other environmental constraints to the development of housing. Energy Conservation In addition to the requirements of Title 24 of the Building Code, the City has enacted additional ' energy efficiency requirements, water conserving landscaping requirements, and has a number of energy conservation programs for residents. Although the cost of installation of energy efficient, green" or similar products in a home or apartment may increase the initial cost, affordable housing providers in the Coachella Valley have indicated that the cost differential was becoming smaller as technologies improved; and that the long-term benefit to the home owners or renters was worth the added initial expense. These developers implement energy conserving construction to the greatest extent possible in their projects. Carlos Ortega Villas, an affordable senior housing project built in 2015, includes passive heating and cooling, solar panels for generating electricity, solar thermal panels for heating water, and water -efficient plumbing fixtures and landscape materials, with the long-term goal of having net zero energy usage. SPECIAL HOUSING NEEDS This section of the Housing Element quantifies households with special housing needs, such as farmworkers, the homeless, and seniors living in the City. These households can have housing needs which may be more difficult to address, and which require special attention. Farm Workers Farm workers are employed in agricultural industries, including livestock, crops, and nursery products, and typically perform manual and/or hand tool labor -plant, cultivate, harvest, or pack field crops. The industry is supported by both year-round and seasonal workers who typically earn , low wages, have difficulty obtaining safe and affordable housing, and have limited access -other Housing Element III-72 Item 3A-251 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element services, such as education, transportation, and health care. Seasonal or migrant workers who travel from their permanent homes -work during harvest periods may live in rooming houses, finished garages, trailers, or other temporary shelters. Citrus, melon, vegetable, and nursery stock production is a key component of the Coachella Valley economy. However, agriculture is focused on the east end of the Coachella Valley, approximately 10 miles or more to the southeast. Farm worker households generally fall into low and very low income categories. Low income groups often need housing near work; for farmworkers, housing is most needed in rural, agricultural areas rather than urban areas. In the Coachella Valley, the principal housing options for migrant and local seasonal farm workers are family -owned homes, private rental houses, second units, apartments, and mobile homes. Palm Desert's continued urbanization has eliminated commercial fanning in the City, and no agricultural lands are designated in its General Plan. In 2018, there were 147 persons employed in "agriculture, forestry, fishing and hunting, and mining" in the City, which constitutes only 0.7% of the City's civilian employed population 16 years and over, and likely consists of mining employees at local sand and gravel operations located in unincorporated County lands and the cities of Palm Springs and Indio. Demand for housing specifically targeted for farm workers has not been identified. Nevertheless, as with other special needs, farmworker households can benefit from rental subsidies provided by City and City incentives for developers to maintain affordable units that are available to all segments of the population. Homeless Homeless persons are those in need of temporary or emergency shelter and include a diverse population of individuals, including seniors, veterans, substance abusers, immigrants, physically or mentally disabled, and families with children. Homeless individuals may live in vehicles, encampments, abandoned buildings, outdoors, or homeless or transitional shelters. The Homeless Point -In -Time (PIT) Count is a federally mandated annual count of homeless individuals used to evaluate the extent of homelessness. The data provide a snapshot of homelessness on a particular date and time. The 2019 PIT Count for Riverside County determined there were 23 unsheltered homeless individuals ic.Palm Desert." Consistent with the HUD definition, the unsheltered PIT Count enumerates homeless individuals and families who are living in a place not designed or ordinarily used as a regular sleeping accommodation for humans" i.e., abandoned buildings, cars, parks, under bridges, bus stops, etc.). This estimate represents 0.04% of the City's total 2019 population of 52,911 people.12 The actual number of homeless may be higher given that many individuals, particularly women and children, remain hidden for safety or stay in locations where they cannot be seen. It represents a 46.5% decrease over the 2018 PIT Count for Palm Desert (43 individuals). The reduction may be due, in part, to undercounts in earlier years and/or changes in counting and surveying methods, such as increased coverage by more volunteers, that were implemented in 2019. 2019 Riverside County Homeless Point -In -Time Count and Survey Report, County of Riverside Department of Public Social Services, page 60. 12 Department of Finance Table E-5, January 2019 estimates. Housing Element 111-73 Item 3A-252 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element Table IH-31 ' Palm Desert Unsheltered Homeless Characteristics, 2019 Number % of Total Race American Indian_ 2 9% Black 1 4% White 18 786/o Multiple Races 1 4% Unknown Race 1 4% Ethnicity Hispanic 3 13% Non -Hispanic 16 70% Unknown Ethnicity 4 17% Gender Male 15 65% Female 8 356/o. Age Adults (>24 yrs) 20 87% Youth (18-24 yrs) 1 4% Unknown Age 2 9% TOTAL HOMELESS INDIVIDUALS = 23 Source: 2019 Riverside County Homeless Point -In -Time Count and Survey Report, County of Riverside Department of Public Social Services, page 60. As shown in Table HI-31, the majority of homeless people_ in Palm Desert are white (78%), non - Hispanic (70%), male (65%), and adults over 24 years (87%). The following table describes homeless subpopulations in Palm Desert. Of the 15 individuals interviewed, 35%were chronically homeless, 22% had a physical disability, 22% had Post Traumatic Stress Disorder (PTSD), 17% were veterans, and 13% had mental health conditions. Some subpopulations could be higher, but the extent is unknown because 8 individuals were not interviewed for various reasons, including refusal to participate, sleeping, a language barrier, inability to respond, or physical barriers or unsafe site conditions. d Housing Element III-74 Item 3A-253 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element Table III-32 Palm Desert Homeless Subpopulations, 2019 Subpopulation Veterans Chronically Homeless Substance Abuse PTSD Mental Health Conditions Physical Disability Developmental Disability Victim of Domestic Violence Jail release, past 12 months Jail release, past 90 days Number' % of Total 4 17% 8 35% 2 9% 5 22% 3 13% 5 22% 1 4% 1 4% 3 13% 1 4% Results of interviews with 15 homeless individuals. Actual numbers may be higher as 8 individuals were not interviewed. Source: 2019 Riverside County Homeless Point -In -Time Count and Survey Report, County of Riverside Department of Public Social Services, page 60. The City contributes over $100,000 annually to the Coachella Valley Association of Governments CVAG) for regional homelessness services. The City is a participant in CVAG's Homelessness Initiative and was also a participant of the previous Homelessness Strategic Plan, which,built Roy's Desert Resource Center ("Roy's") in the western Coachella Valley. The facility opened in December 2009 and provided emergency and transitional shelter and support services for homeless individuals. After the closure of Roy's in 2017, there was a need for a homeless shelter or navigation center in the western Coachella Valley. Path of Life Ministries and now CVAG operates a program that placed people in permanent housing before addressing issues such as joblessness or behavioral health. Program results were positive, with 81% of the 242 people who exited the program in the first year able to find permanent housing, and all participants who exited the program more than doubling their monthly incomes. "In late 2019, CVAG initiated an effort to advance the goals of CV Housing First through a collaborative approach called the Coachella Valley Homelessness Engagement & Action Response Team (CVHEART). The program is expected to establish a formal structure for regional homelessness policies and programs, identify funding opportunities for future projects, and expand multi -,agency cooperation and participation. In addition to its own efforts to end homelessness, Palm Desert's membership in CVAG will assure its continued participation in regional efforts. A number of other organizations provide shelter and services to the homeless throughout the Coachella Valley (see Table III-33 for a list of available homeless facilities in the Coachella Valley). Shelter from the Storm, which provides comprehensive services to victims of domestic violence in the Valley, operates its administrative offices in the City. Desert Horizon and Desert Vista permanent supportive housing is a program in the western Coachella Valley managed by Jewish Family Service of San Diego with 18 and 40 beds, respectively. Supportive services, 13 "CV Housing First Program Evaluation: Examining the Clients Served in the First Year: July 2017 to June 2018,"Health Assessment and Research for Communities, September 2018, page 55. Housing Element III-75 Item 3A-254 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element including living skills, budgeting instruction, case management, employment assistance, food , distributions, advocacy, and community referrals and access to benefits, are provided. Residents contribute 30% of their income based on HUD guidelines. Table HI-33 Coachella Valley Homeless Facilities. and Services Organization Name Facility Name Total Beds Emergency Shelter Coachella Valley Rescue Overnight shelter (families with children, 251 Mission individuals without children) Coachella Valley Rescue Overnight shelter (individuals without 49 Mission children) Martha's Village and Kitchen Renewing Hope Emergency Shelter 120 Inc. Operation Safe House Desert Emergency Shelter 20 Path of Life Ministries Inc. CVAG Emergency Shelter Project 12 Shelter from the Storm Domestic Violence Emergency Shelter 20 County of Riverside, Desert Summer Homeless Survival Program 90 Healthcare District and seasonal emergency cooling centers in 30 in each city) Foundation' Cathedral City, Palm Springs, Desert Hot Springs) Subtotal 472 (year-round) 90 (seasonal) Transitional Housing Operation Safe House Harrison House (youth, young adults) 15 Subtotal 15 Rapid Rehousing Coachella Valley Rescue Rapid Re -Housing 5 Mission Coachella Valley Rescue State -funded Rapid Rehousing 13 Mission Path of Life Ministries Inc. CVAG Rapid Re -Housing 2 Subtotal 20 Permanent Supportive Housing Desert AIDS, Project Vista Sunrise Apartments 80 Jewish Family Services Desert Horizon 18 Jewish Family Services Desert Vista 40 Jewish Family Services Permanent Supportive Housing 35 Expansion (new in 2018) Riverside University Health Behavioral Health — Coachella Valley 25 System — Behavioral Health Permanent Housing . Subtotal 118 Sources: "The Path Forward: Recommendations to Advance an End to Homelessness in the Coachella Valley," Barbara Poppe and Associates, November 27, 2018, Appendix 3. dhcd.org. Housing Element IB-76 Item 3A-255 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element The City also addresses homelessness at the local level. It contracts with Riverside University Health System to provide a Behavioral Health Specialist and a Mental Health Peer Support Specialist in Palm Desert. It also contracts with the County of Riverside for a Homelessness Assistance Program in which two staff members offer resources through daily street outreach efforts. The City has awarded CBDG funds to local charities, 'including Martha's Village & Kitchen, Coachella Valley Rescue Mission, and Catholic Charities, for the provision of homeless services, such as food, equipment, consumable supplies, and energy upgrades. The City permits homeless shelters in the Service Industrial (SI) zone. There are 344.17 acres of serviced, vacant land in this zone in the City, ranging in size from 1-20 acres. The Service Industrial zone is appropriate for such facilities because these lands are located on transit lines, near commercial and school sites, and in areas where other governmental services are available. The City currently has no requirement for parking for emergency shelters. AB 139 requires that parking be provided for employees of emergency shelters. Program 5.1). requires that the City add this requirement to the Zoning Ordinance in 2021-2022, as part of its annual Zoning Ordinance update. The City allows transitional and supportive housing in all residential districts subject to only those restrictions that apply to other residential uses of the same type in the same zone. The General Plan allows for an additional 8,049 residential units on 610 acres of vacant land in the City, in a range of densities, which will accommodate the City's need for transitional and supportive housing. Seniors The Coachella Valley has a long-established reputation as a popular retirement destination. In 2018, the City had 17,582 residents over the age of 65, representing 33.7% of the population. These seniors were in a total of 11,302 households: Home ownership data shown in the table below indicates that approximately 22% of seniors are renters, and 78% are homeowners. Table HI-34 City of Palm Desert Householders 65 Years and Over, by Tenure Owner -Occupied Renter -Occupied Householder Age Households Households Total, City of Palm Desert 14,842 100.0 9,272 100.0 Total, Non -Senior Households 6,018 40.5 6,794 73.3 Total, Householders 65 Years & Over 8,824 59.5 2,478 26.7 65 to 74 years 4,389 29.6 1,124 12.1 75 to 84 years 3,203 21.6 647 7. 0 85 years and over 1,232 8.3 707 7. 6 Source: American Community Survey 2014-2018 5-Year Estimates, Table B25007 According to the American Community Survey, an estimated 1,590 seniors have incomes below the poverty level, which represents 9.0% of all seniors in the .City. The 2020 federal poverty guideline for one person is $12,760. The major source of income for most seniors is Social Housing Element III-77 Item 3A-256 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element Security, and the average,Social Security monthly benefit is $1,503.14 Therefore, a single senior paying 30% of their monthly Social Security income on housing costs would pay $451 toward housing costs. However, Palm Desert median rents are $974 for a one -bedroom unit. A two -person senior household would have $902 available for housing costs, which would be sufficient for a one -bedroom unit. Therefore, Social Security alone cannot adequately cover housing costs for seniors living alone in the City. Table III-35 Senior Incomes Below the Poverty Level No. of Residents with Income in Past 12 Months Age Group Below Poverty Level 65 to 74 years 847 75 years and over 743 Total 1,590 Source: 2014-2018 ACS 5-Year Estimates, Table B 17001 Special considerations affecting senior households include income limitations, access to health care and transportation, accommodations for physical disabilities and limitations, and long-term care concerns. Senior housing needs can include low-income apartments, retirement communities, independent living centers, assisted living centers, nursing homes, and hospice care centers. There are seven senior apartment projects in the City which are owned and operated by the Housing Authority, providing 380 units for very low, low and moderate income senior households. Nursing care facilities in the City include the Carlotta, with 192 beds; Manorcare Health Services, with 178 beds; and Monterey Palms, with.99 beds. Numerous senior communities are located in the City, including Atria Palm Desert, Atria Hacienda, Segovia, Palm Desert Senior Living Oahu Cottage, and Fountains at the Carlotta, Legend Gardens, which provide a range of services including medical transport, assistance with housekeeping and personal care, hospice and dementia care, and onsite recreational and social opportunities. Numerous senior support services are provided by various organizations, including those listed in the following table. Organization Braille Institute Coachella Valley Neighborhood Center The Joslyn Center Eisenhower Memory Care Center FIND Food Bank Hidden Harvest Table III-36 Senior Resources Services Provided Rehabilitation, enrichment classes, in -home support for the visually impaired Health/fitness programs, social events, classes, Wellness Center, food distribution Adult day center for neuro-cognitive impairments Food distribution Food distribution Jewish Family Services of the Desert Advocacy, case management services Riverside County Office on Aging Medical case management, counseling, transportation assistance, meals 14 Social Security Administration Fact Sheet, December 2019 Beneficiary Data. Housing Element 11I-78 Item 3A-257 RESOLUTION NO. 2022-20 Organization Salvation Army Senior Advocates of the Desert SunLine Transit Agency TN/City of Palm Desert General Plan/Housing Element Table IIl-36 Senior Resources Services Provided Food distribution, social events, community programs Public benefits and social services assistance, emergency financial assistance For seniors and disabled residents: Half -Fare Program, Taxi Voucher Program, SunDial paratransit service, bus travel training The City's Senior Housing Overlay provides flexible development standards for a variety of housing for residents age 55 and over, including attached or detached units for sale or rent and associated recreational facilities. Persons with Disabilities This population includes individuals with mental and physical disabilities that may require affordable housing with convenient access to public transportation and health care services, as well as structural adaptations to accommodate wheelchairs and other assistive devices. Housing needs can include independent home environments, homes with special modifications and design features, supervised apartments, inpatient and outpatient treatment programs, and senior care facilities. Individuals who are unable to work because of disability may require income support, and their limited incomes can severely restrict their ability to pay for housing and living expenses. The 2018 ACS identified 7,901 persons in the City with disabilities, of which 4,593 (58.1%) were persons over the age of 65. Individuals may be affected by one or more types of disability. The table below identifies the number of disabilities, by type, for Palm Desert residents. The most prevalent disabilities are ambulatory difficulties (26.3%) and hearing difficulties (19.5%). Housing Element III-79 Item 3A-258 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element Table I1I-37 City of Palm Desert Number of Disabilities, by Disability Type Number of Percent of Total Disabilities Disabilities Disabilities, ages 0-17 Hearing Difficulty 101 0.7% Vision Difficulty 182 1.3% Cognitive Difficulty 204 1.4% Ambulatory Difficulty 42 0.3% Self -Care Difficulty 8 0.1% Independent Living Difficulty Subtotal, ages 0-17 537 3.7% Disabilities, ages 18-64 Hearing Difficulty 549 3. 8% Vision Difficulty 700. 4.9% Cognitive Difficulty 1,170 8.1% Ambulatory Difficulty 1,405 9.8% Self -Care Difficulty 615 4.3% Independent Living Difficulty 1,004 7.0% Subtotal, ages 18-64 Disabilities, ages 65+ 5,443 37.8% Hearing Difficulty 2,153 14'.9% Vision Difficulty 776 5.4% Cognitive Difficulty 981 6.8% Ambulatory Difficulty 2,347 16.3% Self -Care Difficulty 748 5.2% Independent Living Difficulty 1,423 9.9% Subtotal, ages 65+ 8, 428 58.5°/u Total Disabilities 14,408 100% Total Civilian Non -Institutionalized Population with a Disability 7,901 Source: American Community Survey 2014-2018 5-Year Estimates; Table S1810 data not provided Facilities that provide specialized accommodations and services for the disabled are located in the City and Coachella Valley region and are identified in the "Seniors" discussion above, and Persons with Developmental Disabilities" section below. In addition, Desert Vista Permanent Supportive Housing, a HUD -funded program, provides housing and services to 40 homeless individuals with disabilities. Clients pay up to 30% of their income based on HUD guidelines. The California Building Code requires that all new multi -family construction include a percentage of units accessible to persons with disabilities. The City of Palm Desert Building Department ' requires compliance with these standards as part of the Building Permit review and inspection Housing Element III-80 Item 3A-259 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element process. The City's affordable housing projects include units for persons with disabilities. The City has housed between 91 and 188 disabled persons in its properties annually in recent years, varying from year to year. The City adheres to State guidelines regarding handicapped access and promotes the use of principles of architectural design that aid the disabled. The Americans with Disabilities Act (ADA) requires all new multifamily construction to include a percentage of units accessible to persons with disabilities. The City monitors and requires compliance with these standards as part of the building permit review, issuance, and inspection process. The City imposes no special requirements or prohibitions on the development of housing for persons with disabilities, beyond the requirements of the Americans with Disabilities Act. There is no concentration restriction for residential care homes. State and federal law does not permit the City to regulate group homes of 6 or fewer residents. Group homes of 7 or more residents are permitted, with approval of a conditional use permit, in the RE, R-1, R-2, HPR, and PR zones. Zoning Code Section 25.64.050 allows for reasonable accommodations in zoning and land use regulations, policies, and practices when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling. Persons with Developmental Disabilities Per Senate Bill No. 812, the Housing Element must include analysis of the special housing needs of individuals with developmental disabilities. A developmental disability is defined by Section 4512 of the Welfare and Institutions Code as "a disability that originates before an individual becomes 18 years old, continues or can be expected to continue indefinitely, and constitutes a substantial disability for that individual." This includes intellectual disabilities, cerebral palsy, epilepsy, autism, and related conditions, but does not include other handicapping conditions that are solely physical in nature. The California Department of Developmental Services (DDS) implements a statewide system of community -based services for people with developmental disabilities and their families. DDS contracts with the Inland Regional Center (IRC) in Riverside to provide and coordinate local services in Riverside County, including the City of Palm Desert. IRC currently (2021) serves 234 clients who are Palm Desert residents. Housing needs for individuals with developmental disabilities can range from traditional independent living environments, to supervised group quarters, to institutions where medical care and other services are provided onsite. Important housing considerations for this group include proximity to public transportation, accessibility of the home and surroundings, access to medical and other public services, and affordability. A variety of housing options and support services in the Coachella Valley are provided by local and regional service agencies, including the following: Angel View, a non-profit organization based in Desert Hot Springs, operates 19 six -bed group homes for children and young adults with developmental and physical disabilities. The Housing Element III-81 Item 3A-260 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element homes provide 24-hour nursing and/or attendant care and can accommodate 100+ individuals ' at a time. There are 16 homes in the Coachella Valley, including 12 in Desert Hot Springs, 3 in Palm Springs, and I in Thousand Palms. The Inland Regional Center uses person -centered planning when developing a Consumer's Individual Program Plan (IPP). The IPP outlines the goals developed by the Consumer and their support team, as well as the services and supports they will receive to help achieve those goals. Many of the services/supports listed in the IPP are funded by Inland Regional Center. However, services and supports may also be provided by other agencies, such as the Social Security Administration, school districts, county agencies, etc. Casas San Miguel de Allende in Cathedral City includes 48 apartment units for individuals with special needs or long-term disabilities. Canyon Springs in Cathedral City is a State developmental center operated by DDS. It provides residential services, treatment, and job training for up to 55 adults with intellectual and developmental disabilities. Referrals for admission are made by the Inland Regional Center. Each person is assessed and participates in developing and carrying out an Individual Program Plan. Residents have opportunities to participate in a variety of integrated activities in natural environments at home, at work, and in the community. Other local agencies provide additional support services to the developmentally disabled population. Desert Arc, a non-profit organization based in Palm Desert, provides vocational training and employment to adult clients with developmental disabilities in the Coachella Valley and Morongo Basin. It operates on -site businesses at its primary campus in Palm Desert and two smaller workshop facilities. Most clients are placed by the Inland Regional Center. Of its 695 ' clients in 2019, 71 are Palm Desert residents. The City has a long-standing relationship with Desert ARC. During the 2014-2021 planning period, the City awarded it approximately $201,000 across four projects for various ADA facility improvements. The City is working with prospective developers to develop Arc Village, an entitled project that proposes 32 one -bedroom and 4 two -bedroom affordable housing units, a community center, swimming pool, and recreational space for special needs adults on the Desert Arc campus. The project would offer proximity to transit, Desert Arc, and its services and job opportunities. The City continues to work to facilitate completion of this project. Through its building permit review and inspection process, the City adheres to the Americans with Disabilities Act and California Building Code, which require that all multi -family development include a percentage of units that are accessible and "barrier -free" to disabled residents. The City will continue to coordinate with the Inland Regional Center and other appropriate agencies and organizations that serve this population. The City will continue to encourage developers to reserve a portion of affordable housing projects for the disabled, including those with developmental disabilities, and will continue to identify and pursue funding sources for special needs housing. Extremely Low -Income Households Extremely Low -Income (ELI)households are defined by HCD as those which cam less than 30% of the area median income (AMI). ELI households are a subset of the very low-income household category in a region. The AMI for a 4-person household in Riverside County is $75;300. ELI Housing Element III-82 Item 3A-261 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element household incomes are defined by HCD and HUD as those earning less than $26,200.11 These households are sensitive to unexpected changes in income and expenditures and typically require assistance for housing.16 Existing Needs Comprehensive Housing Affordability Strategy (CHAS) data are compiled by HUD to evaluate housing problems and needs, particularly for low income households, based on Census data. According to the latest CHAS data, 2,815 households (11.9% of total households) in Palm Desert are considered extremely low-income. More than half (55%) of ELI households are renters. Of all ELI households, the majority (82.6e/o) experience housing problems, including incomplete kitchen and plumbing facilities, overcrowding and severe overcrowding, and cost burden greater than 30% of income (overpayment). Nearly 82% are in overpayment situations, and 73.2% are in severe overpayment situations in which housing costs are greater than 50% of household income. I Table III-38 Housing Problems for Extremely Low -Income Households Total Number of ELI Households Percent with any housing problems* Percent with Cost Burden >30% of income Percent with Cost Burden >50% of income Total Number of Households Owners Renters Total 1,270 _ 1,545 2,815 79.5% 85.1% 82.6% 79.5% 83.5% 81.9% 68.9% 76.7% 73.2% 14,270 9,455 23,730 housing problems include incomplete kitchen facilities, incomplete plumbing facilities, more than 1 person per room (overcrowding), and cost burden greater than 30% of income. Source: U.S. Department of Housing and Urban Development, CHAS, based on the 2012-2016 ACS. Projected Needs To calculate projected ELI housing needs, the City assumed 50% of its very low income Regional Housing Need Assessment (RHNA) consists of ELI households. From its very low income need of 675 units (see Table I11-38), the City has projected a need of 337 units for ELI households. Housing Options Currently, more than 28% of the units within the City -owned affordable housing portfolio are designated for extremely low-income households. Extremely low income households are also eligible to receive rental assistance through the County of Riverside Housing Authority's Housing Choice Voucher (Section 8) program. Small ELI households may also find affordable housing in Single Room Occupancy (SRO) hotels, accessory dwelling units (ADUs), and guest houses, which are typically affordable options. SROs are permitted in the SI zoning district with a Conditional Use Permit. ADUs are permitted in the RE, R-1, R-2, R-3, HPR, and PR zoning districts. Guest dwellings are permitted in the RE, R-1, R-2, HPR, and PR zoning districts. IS Per HUD, the Extremely Low Income (ELI) income limit is the greater of either: 1) 60% of Very Low Income limit ($37,650), which equals $22,590, or 2) poverty guideline established by Dept. of Health and Human Services (HHS), which equals $26,200. 16 Palm Desert Housing Authority follows HCD requirements (not HUD) for ELI households. Housing Element III-83 Item 3A-262 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element Large Households ' Large households (those with 5 or more people) require larger homes with more bedrooms and may find it difficult fo locate adequate and affordable housing if there is a limited supply of larger units. The cost of larger homes is typically higher than smaller units, and large families can experience a higher cost burden associated with housing. The 2018 ACS indicates there were 1,013 households with five or more persons in the City, which constitutes 4.2% of all households. This represents a 5.9% decrease from year 2011 (1,076 households). Of large households, 411 (40.6%) are owners and 602 (59.41/o) are renters. ACS also identified a total of 2,446 housing units with 4 or more bedrooms, or 10.2% of all housing units in the City. This may suggest that there are generally a sufficient number of larger housing units to accommodate larger families. Table III-39 City of Palm Desert Househo d Size, by Tenure Owner -Occupied Renter -Occupied Household Size Households % Households % l person 4,897 33.0% 3,803 41. 0% 2 persons 7,208 48.6% 3,108 33.5% 3 persons 1,602 10.8% 1,110 12.0% 4 persons 724 4.9% 649 7. 0% 5 persons 302 2.0% 269 2.9% 6 persons 94 0.6% 200 2.2% 7 persons or more 15 0.1% 133 1.4% Total Households 14,842 100.0% 9,272 100.0% Total Households with 5+ Persons 411 2.8% 602 6.5% Source: American Community Survey 2014-2018 5-Year Estimates, Table B25009 Table III-40 City of Palm Desert Number of Bedrooms, by Tenure Total Owner -Occupied Renter -Occupied Occupied Units No. of Bedrooms No. of Units % No. of Units % No. of Units 0 bedrooms 122 0.8% 572 6.2% 694 2. 9% 1 bedroom 160 1.1% 2,511 27.1% 2,671 11.1% 2bedrooms 5,838 39.3% 4,319 46.6% 10,157 42.1% 3 bedrooms 6,492 43.7% 1,654 17.8% 8,146 33.8% 4 bedrooms 1,926 13.0% 216 2.3% 2,142 8.9% 5+ bedrooms 304 2.0% 0 0.0% 304 1.3% Total 14,842 100.0% 9,272 100.0% 24,114 100.0% Source: American Community Survey 2014-2018 5-Year Estimates, Tab a B25042 Housing Element III-84 Item 3A-263 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element Despite the number of 4+-bedroom dwelling units in the current housing stock, renters occupied the majority (77.3%) of overcrowded units. Only 216 of 2,446 units with 4 or more bedrooms are rental units, indicating a need for additional large rental units. Prices for larger units tend to be affordable only to moderate and above moderate income households. Large, very low income households may find it difficult to find affordable and adequate housing. The City implements a number of housing programs to assist with finding adequate housing, including the provision of affordable housing units, mortgage and home ownership guidance, and home rehabilitation programs. Female -Headed Households Female -headed households can experience lower incomes, higher living expenses, higher poverty rates, and low rates of homeownership. Finding adequate and affordable housing is a high priority. Special considerations for this population include proximity to schools, childcare, employment, and health care. As shown in Table III-6, there are 2,858 single -parent -headed family households in Palm Desert, or 11.9% of all households. Male -headed family households comprise 4.3% of all households, and female -headed family households comprise 7. 6%. The number of female -headed family households increased compared to 2010 (1,370 female -headed, 5.9% of total family households). ACS data from 2018 show of the estimated 1,828 households with a female householder (no husband present) in the City, approximately 41.3% had children under 18 years of age. Over one- third (34.8%) of all families with incomes below the poverty level are female -headed households. Table III-41 Female -Headed Household Characteristics Number Percent Total Households 24,114 100% Female -Headed Households, no spouse/partner present 1,828 7.6% Female -Headed Households with own children under 18 755 Female -Headed Households without children under 18 1,073 Total Families, Income in the Past 12 Months Below Poverty Level 2,098 100% Female Householders, Income in the Past 12 Months Below Poverty 731 34.8% Level Source: American Community Survey 2014-2018 5-Year Estimates, Table DP02; ACS 2018 Supplemental Estimates Detailed Table K201703 The City's continued implementation of affordable housing projects, public outreach efforts on fair housing issues, and efforts to maintain affordability restrictions on affordable units will serve those female -headed households requiring housing assistance. Housing Element III-85 Item 3A-264 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element Affordable Units at Risk ' There are 67 restricted ownership units in the City which are at risk of losing their affordability restriction. These units were built or rehabilitated by private parties, such as Habitat for Humanity and Building Horizons through various programs in the past or are within existing projects. These units are single family homes and mobilehomes distributed throughout the City. None of the currently affordable housing apartments in the City are at risk of losing affordability restrictions during or within 10 years of the planning period. Maintenance of at -risk ownership housing units as affordable will depend largely on market conditions, the attractiveness of financial incentives, if warranted. Because all 67 of the ownership units are individually owned, controlling and maintaining affordability is particularly difficult. The City will, however, be required to release the restriction when sales occur, and has an opportunity at that time to renew affordability covenants. Program 3.C. addresses the preservation of these units. Riverside County Income Limits Income limits for affordability are established annually on a regional basis by the Department of Housing and Community Development. Table III-42 provides the current (2020) income limits applicable in Palm Desert. The median household income for a family of four in 2020 is $75,300. Table III-42 IRiversideCountyHousingProgramIncomeLimits2020 Number of Persons in Family Income Category 1 2 3 4 Extremely Low 15,850 18,100 21,720 26,200 Very low 26,400 30,150 33,900 37,650 Lower 42,200 48,200 54,250 60,250 Moderate 63,250 72,300 81,300 90,350 Median 52,700 60,250 67,750 75,300 Source: HCD 2020 State Income Limits Households Overpaying for Housing When a household pays more than 30% of its income toward its housing expenses, it is considered to be overpaying. The Comprehensive Housing Affordability Strategy (CHAS) database, provided by HUD and based on American Community Survey data, describes the number of households, by income, with housing cost burdens. The latest CHAS data for the 2013-2017 period for Palm Desert are shown in the following table. Of all owner households, 35.6% are overpaying for housing, and 18.0% are severely overpaying. The percentages are higher when analyzing lower - income households as a group. Of all lower -income owner households, 67.8% are overpaying, and 44.7% are severely overpaying. ' Housing Element III-86 Item 3A-265 RESOLUTION NO. 2022-2.0 TN/City of Palm Desert General Plan/Housing Element The patterns are similar for renter households. Of all renter households, 48.2% are overpaying, and 24. 7% are severely overpaying. Of all lower -income renter households, 77.0% are overpaying, and 46.1% are severely overpaying. Table III-43 Overpayment.by Income Level, 2013- 2017 Income Category' Owners Household Income less than or = 30% HAMFI: Households overpaying Households severely overpaying Household Income >30% to less than or = 50% HAMFI: Households overpaying Households severely overpaying Household Income >50% to less than or = 80% HAMFI: Households overpaying Households severely overpaying Subtotal: All lower -income households Subtotal: All lower -income HH overpaying Subtotal: All lower -income HH severely overpaying Household Income >80% to less than or = 100% HAMFI: Households overpaying Households severely overpaying Household Income >100% HAMFI: Households overpaying Households severely overpaying Total Households Total Households Overpaying Total Households Severely Overpaying Renters Households Percent 1,545 1,290 83.5% 1,185 76.7% 1,215 1,125 92.6% 725 59.7% 2,250 1,445 64.2% 400 17.8% 5,010 3,860 77.0% 2,310 46.1% 875 320 36.6% 20 2.3% 3,570 380 10.6% 10 0.3% 9,455 4,560 48.2% 2,340 24.7% HAMFI = HUD Area Median Family Income Overpaying" is defined as spending>30% of gross household income on housing costs. Severely overpaying" is defined as spending >50% of gross household income on housing costs. Source: U.S. Dept. of Housing and Urban Development, CHAS data for Palm Desert, based on 2013-2017 ACS. Households: Percent 1,270 1,010 79.5% 875 68.9% 1,195 875 73.2% 515 43.1% 2,020 1,155 57.2% 615 30.4% 4,485 3,040 67.8% 2,005 44.7% 1,215 530 43.6% 240 19.8% 8,575 1,505 17.6% 325 3. 8% 14,270 5,075 35.6% 2,57018.0% For all income levels, the 2013-2017 CHAS Databook identifies 5,075 owner households and 4, 560 renter households paying 30% or more for housing, for a total of 9,635 households overpaying for housing. Affordability of Housing In order to determine the level of affordability for market housing in Palm Desert, a comparison of for -sale and for -rent market housing was undertaken. Table HI-44 illustrates that a moderate income household of four in Palm Desert is able to find rental housing well within its ability to pay, but cannot afford to buy a median priced home. The table demonstrates that while rental units are affordable to moderate income households in the City, purchased units may not, be affordable to these households. Housing Element III- 87 Item 3A-266 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element Table IH-44 ' Affordability of Housing, 2021 Type of Housing Ownership Rental Cost Median Single - Family Purchase 485, 000 N/A Price Median Mortgage 2,780 N/A Costs (PITI) 1,260 (median) Rental Rate N/A 1,691 (3- bedroom) 306/6 of Moderate 2,259 2,259 Household Income No Gap Affordability Gap 521 568$ 999 , positive) Regional Housing Needs Assessment Allocation ' The State and Southern California Association of Governments (SCAG) develop housing allocations for each Housing Element planning period. The Regional Housing Needs Assessment RHNA) is a minimum projection of additional housing units needed to accommodate projected household growth of all income levels during the upcoming planning period. For the 2022-2029 planning period, Palm Desert's share of the RHNA is 2,790 housing units, segmented into five income categories as shown below. Table III-45 RHNA by Income Category, 2022-2029 Units Extremely Low Income 337 Very Low Income 338 Low Income 460 Moderate Income 461 Above Moderate Income 1,194 Total Units Needed 2,790 Housing Element III-88 I. Item 3A-267 RESOLUTION NO. 2022-20 J TN/City of Palm Desert General Plan/Housing Element Quantified Objectives Housing Element law requires the City to estimate the number of affordable units likely to be constructed, rehabilitated, or conserved/preserved, by income level, during the upcoming (2022- 2029) planning period. As shown in the following table, the City reasonably expects that 2,790 housing units will be provided through new construction, and 67 through conservation. Table III-46 Quantified Objectives Matrix, 2022-2029 Income Category Extremely Very Low Low Moderate Above Activity Low Moderate Total New Construction 337 338 460 461 1,194 2,790 Rehabilitation 67 67 Conservation 67 67 LAND INVENTORY The City's Regional Housing Needs Assessment for the 2022-2029 planning period projects that a total of 2,790 housing units will be needed in the City. Of these, 1,194 will be for above moderate income households, and 461 will be for moderate income households. In addition, the City expects to conserve a total of 67 units affordable to low income households, and rehabilitate 67 units with substandard sanitary facilities (see Quantified Objectives, above). Above moderate income units are expected to be market -driven, single-family homes traditionally built in the City. More than adequate approved projects are available for above moderate units, as shown in Table III-48. Moderate income units are expected to be a combination of market rate rental units and assisted units, based on the analysis provided in Table III-44, which shows that rental units are affordable to moderate income households, but ownership units are not. Two moderate income sites, shown with an asterix in Table III-47, are included in the Vacant Land Inventory to demonstrate that there is sufficient capacity for these units. The sites are identified as "DD" and "H" in the Table and on the land inventory map, and will result in 574 units, which exceeds the RHNA allocation of 461 units. Site DD (The Sands, described below) is entitled. Site H has completed a pre -application review, and is currently being processed. The remaining 1,135 housing units required for RHNA are for extremely low, very low, and low income households. The City has identified vacant land that will allow the development of 1,475 units for extremely low, very low and low income households, as shown in Table III-47. These lands include a combination of approved projects, projects currently being entitled, and vacant lands which all have the Housing Overlay District. Housing Element III-89 Item 3A-268 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element Land in the southern portion of the City is mostly built out, with only infill development ' opportunities available at higher densities. The Land Use Element increased densities and provides for the redevelopment of the downtown, including the San Pablo area, with a particular focus on more urban housing environments in flanking neighborhoods. The Land Use Element also includes the University Park area, which is designed to accommodate higher density. Table III-47 lists the available vacant lands in the City by Assessor's Parcel Number and provides the size of each parcel and the potential number of units that could be developed on each. All lands shown in the Table have all utilities available immediately adjacent to them, including water, sewer, electricity, and natural gas. As shown on the corresponding map, inventory lands are geographically distributed throughout the City and not concentrated in any areas. As such, they affirmatively further fair housing principles. Lands provided in the inventory have been calculated at a density of 15 to 23 units per acre. The density range assumes that 80% intensity will be achieved based on: an average unit size of 1,000 square feet, 28 units per acre can be achieved with 3-story buildings, which is the current height limit in the Planned Residential (PR) zone. This also assumes common area open space in compliance with Zoning requirements, and "surface parking. As this zone allows building coverage of 40%, there is more than sufficient space to accommodate the density assumed in the inventory. Further, the density assumptions are conservative compared to typically built densities, in each of the zones. The most recent affordable housing projects built in the City were constructed at densities of 15 to 28 units per acre, including Carlos Ortega Villas, at 13 units per acre , and the City currently has entitled or proposed affordable housing projects at densities of 17.5 to 27 units per acre on parcels of 10 acres or more: ' The Sands, Site DD: 388 units on 17.5 acres (22/acre); Pacific West, Site B, 269 units on 12 acres (23/acre); Millennium private site, Site H, 330 units on 15 acres (22/acre), and Millennium City site, Site C, 246 units on 10 acres, 24/acre). In addition to these projects, the City of La Quinta, east of Palm Desert, developed the Coral Mountain Apartments in 2018, providing 176 units on 11 acres of land, at a density of 16 units per acre. The capacity of sites D and F has been calculated based on the projects that have been entitled in the City and region, at 20 units per acre. Discussions with the developers of sites B and H have shown that the projects are well under way, and that both developers believe that their densities are the maximums that they can market to families in the desert. Those same developers have also assured the City that they have financing well in hand from private equity sources, which will ensure that the projects will be constructed. In addition, the City has reviewed the pi•oforinas for the projects proposed on sites B and C, which show that they can be feasibly constructed and provide a positive return on investment for the developers. Therefore, the feasibility of development of sites D and F at the densities described in Table III-47 is considered high. All four of the projects in the City and the La Quinta project are on large sites (10 acres or more), and have been built, entitled or are in the entitlement process. Significantly, the two most recent projects in which the City is participating, the Pacific West and Millennium.City site, are 10 acres or more. Large sites are also included in Table III-47, sites A and F are both planned for larger sites. Although the sites are feasible at 15 and 16 acres, respectively, Program 1.F is also provided to ' encourage subdivision of these parcels to smaller sites, with the provision of incentives. Housing Element III-90 Item 3A-269 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element As described on page II1-46, Infrastructure Requirements, water, sewer and dry utilities are all in place throughout the City, immediately adjacent to all the sites listed in Table III-47. The current pattern of projects being proposed in the City also shows that large sites are not constrained from development, as all four currently proposed projects listed here are on sites of 10 acres or larger. In addition, when the City adopted the Housing Overlay District, it placed it on all Inventory sites to increase capacity and allow higher densities on these properties. Table III-47 Vacant Land Inventory of Sites for Extremely Low, Very Low, Low and Moderate Income Units Map Assessor's Zoning I Allowable Realistic I Potential Key I Parcel No. GP (all HOD)** I Acreage Density . Density I Units Vacant Entitled Sites B 694-310-006 DD 624-040-037 DD* 624-040-037 PP 694-520-019 694-520-020 624-441-014 624-441-015 624-441-016 624-441-017 624-441-018 624-441-019 624-441-020 624-441-021 624-441-022 624440-032 624-440-033 624-440-034 Town Center Neighborhood P.R:20 Town Center Neighborhood P.R:17.5 Town Center Neighborhood P.R:17.5 Small Town Neighborhood; Employment Center P.R.19 Small Town Neighborhood; Employment Center P.R.-19 Small Town Neighborhood P.R.-6 Small Town Neighborhood P.R.-6 Small Town Neighborhood P.R.-6 Small Town Neighborhood . P.R.-6 Small Town Neighborhood P.R.-6 Small Town Neighborhood P.R.-6 Small Town Neighborhood P.R.-6 Small Town Neighborhood P.R.-6 Small Town Neighborhood P.R.-6 Small Town Neighborhood P.R.-6 Small Town Neighborhood P.R.-6 Small Town Neighborhood P.R.-6 12 of 68.2 4 to 20 22.5 269 17.66 17.5 17.5 78 17.66 17.5 17.5 310 5.62 19 18 17 1.2 19 4 0.16 3 to 10 1 1 0.16 3 to 10 1 1 0.16 3 to 10 1 1 0.16 3 to 10 1 1 0.16 3 to 10 1 1 0.16 3 to 10 1 1 0.16 3 to 10 1 1 0.16 3 to 10 1 1 0. 16 3 to 10 1 1 0.14 3 to 10 1 1 0.14 3 to 10 1 1 0.14 3 to 10 1 1 Housing Element IB-91 Item 3A-270 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element Table III-47 ' Vacant Land Inventory of Sites for Extremely Low, Very Low, Low and Moderate Income Units Map Assessor's Zoning Allowable Realistic Potential Key Parcel No. GP all HOD)** Acreage Density Density Units Small Town 624-440-035 Neighborhood P.R.-6 0. 14 3 to 10 1 1 Small Town 624-440-036 Neighborhood P.R.-6 0. 14 3 to 10 1 1 Subtotal Entitled Sites 692 Vacar t Sites in the Entitlement Process Small Town 627-122-003 Neighborhood R-2, HOD 0.16 3to 10 20 3LL Small Town 627-122- 013 Neighborhood R-2, HOD 1.27 3 to 10 26 25 Town Center H 694-190-087 Neighborhood P.R.22 14.97 22 22 44 Town Center H* 694-190-087 Neighborhood, P.R.22 14.97 22 22 286 Town Center Neighborhood; Suburban P.C.-(3), 10 of C 694-120- 028 Retail Center FCOZ 20.18 7 to 40 24 240 Public Facility/Institu KK 622-370-014 tional P 1.84 N/A N/A 36 Subtotal Sites in Entitlement Process 634 Vacant Sites Regional P.C.-(3), 15 of A 685-010-005 Retail P.C.D. 64. 26 10 to 15 14 200 Town Center 694-130-017 Neighborhood P.R.-22 8.43 22 20 169 D Town Center 694-130-018 Neighborhood P.R.-22 2.52 22 20 50 Town Center F 694-510-013 Neighborhood P.R.-22 16.32 22 20 326 Subtotal Vacant Sites 745 Total All Vacant Sites 2.071 Moderate Income Site All sites in this Table have been assigned the Housing Overlay District. Commercial Deshmated Sites Sites C and A are proposed on lands currently designated for Planned Commercial. In the case of Site C, the land is owned by the City, and is currently under contract for development of 240 affordable housing units for very low and low income households (please see discussion below, Pending Projects). This site has the HOD overlay, which allows parking reductions and fee waivers for the development of affordable housing units. Site A is part of a larger holding owned by a private party. The developer is preparing a Specific Plan which will include a minimum of 200 units affordable to very low and low income households. The Specific Plan, as allowed by State law, will include site -specific zoning standards to allow the development of these units. The . Specific Plan submittal is expected in 2021-2022. Housing Element III-92 Item 3A-271 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element Small Sites As described below, Site LL is City -owned, and will be developed for 28 units affordable to very low and low income households. The City will consolidate the lots when development occurs. In addition, the map provided below lists a site T. This site has been removed from the inventory, but consists of 6 vacant lots located on the south side of Fred Waring Drive, directly across from College of the Desert, and in close proximity to jobs and shopping opportunities on Highway 111. It is the City's hope that these lots will be developed for affordable housing units, particularly for students and their families. However, since the City does not control these lots, they are not included in Table III47. As shown in the Table, approximately 2,071 units could be constructed on lands which are currently available for multiple family residential development. As several of these sites are larger, Program LF has been provided to encourage the subdivision of these sites to facilitate multi -family development, even though currently proposed projects for affordable housing in the City are on sites of 10 to 15 acres. This inventory accommodates land needed for very low, low and moderate income households, although as described above, moderate income households can afford market rate rentals in the City currently. According to the Fair Housing analysis, the City has a low segregation level, no racially or ethnically concentrated areas of poverty, equal access to opportunity, and no disproportionate housing needs. The sites identified above will not exacerbate any such conditions. Pending Affordable Housing Developments The following affordable projects are either entitled or proposed and anticipated to be built during the planning period. Entitled Proiects The Sands Apartments (Site DD) on Hovley Lane is approved for a total of 388 multi- family rental units. Of ' those, 78 are required to be affordable for very low income households through an approved Development Agreement that requires that the units be deed restricted. The balance are expected to be market units which will be affordable to moderate income households based on the analysis provided in Table III-44, which shows that rental units are affordable to moderate income households. Palm Desert 103 (Site E) will include 21 one and two -bedroom rental units reserved for moderate income residents required by conditions of approval, which require that the units be deed restricted. The project will be developed by a private party. In May 2020, the City conveyed 14 vacant parcels on Merle Street to the Coachella Valley Housing Coalition (CVHC) for the development of 14 detached single-family, self-help ownership homes for very low and low income households. CVHC will deed restrict the homes when they are developed. The parcels. closed escrow in December of 2021, and construction will start in April of 2022. CVHC will deed restrict 3 homes for very low income It and 11 lots for low income households for a period of 45 years. These lots are shown on the inventory as sites PP and QQ: Housing Element III-93 Item 3A-272 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element Pacific West (Site B) The Successor Agency to the Palm Desert Redevelopment Agency tSARDA) is under contract for the sale of 10± acres immediately east of the Sherriff's station on Gerald Ford Drive, for the development of 269 units affordable to be deed restricted for very low and low income households. The project was approved by the Planning Commission in July of 2021. The developer is actively involved in securing CDLAC/TCAC and other funding, and expects to begin construction in 2023. Projects Pending Entitlements Sagecrest Apartments (Site LL) will be rebuilt into a minimum of 28 units for very low and low income households with the implementation of the Housing Overlay. The Housing Authority is currently seeking proposals for this project. This Housing Authority project is located at the corner of Santa Rosa and San Pasqual. The project will require a Precise Plan approval when the developer is selected. The units will be deed restricted for very low and low income households, and renters will be required to show proof of income. The DDA for the project includes a requirement that the units be built by 2024. Millennium Private site (Site H) will include 66 affordable rental units with 44 to very low and low income and 22 to moderate, within a 330 unit market rate/moderate income project on 10 acres. The affordability of the very low, low and moderate income units have been secured in an approved Development Agreement, and will require deed restrictions. The project is proposed by a private housing developer. The project is being designed, and a Precise Plan application is expected in October of 2021. Millennium City site (Site C) The City is currently under contract for the development of ' 240 units affordable to very low and low income households on 10 acres of land. The units will be deed restricted. The project will be developed by a private housing developer on City land. Entitlement applications are expected in 2022, financing will be secured in 2023. and construction is expected in 2024. Arc Village (Site KK) will include 36 affordable rental units, including 32 one -bedroom units and 4 two -bedroom units, for special needs adults adjacent to the Desert Are campus. The project will be developed by a private party. This project will require a Previse Plan application. These entitled and pending entitlement projects will result in a total of 729 units affordable to very low and low income households, and 596 units affordable to moderate income households. With completion of these projects, the City will need to accommodate an additional 419 units for very low and low income households, and would have an excess of 135 moderate income units when all entitled and pending entitlement sites in Table III-47 are developed. Table 1I1-47 also shows that the City has capacity for 745 units on vacant sites, almost double the 419 needed during the planning period to complete the RHNA. Table III-48 provides a list of entitled projects which will be available for market housing, to accommodate the City's RHNA for the above moderate income category. These projects include plans for single family homes, condominiums and townhomes; and apartments. These projects are in various stages of development. Dolce is under construction. Stone Eagle, Big Horn Mountains, Housing Element III-94 Item 3A-273 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element Big Horn Canyon, and Ponderosa Homes lots are recorded and only single family building permits are required. In the case of Montage, the project was approved in May, 2021 and is currently proceeding to record the Tract Map and secure grading and building permits. In the case of University Park, Millennium Apartments, Ponderosa Apartments, Precise Plan applications are required to allow development. University Park, the Santa Rosa Golf Course, the Catavina site and Villa Portofino require further subdivision and Precise Plan approvals. The various stages of development allow for staged development throughout the planning period. Table III-48 Vacant Above Moderate Income Sites Map Project Name Remaining Projected Key Lots Units 1 Stone Eagle 25 25 2 Big Hom Mountains 10 10 3 Big Hom Canyon 31 31 4 University Park — Phase I 1,069 1,069 5 University Park — Phase II 1,291 1,291 6 University Park — Phase III 196 196 7 Millennium Apartments 330 264 8 Former Santa Rosa Golf Course 300 300 9 Former Catavina Site 159 159 11 Villa Portofino — Lot 1 145 145 12 GHA Montage 63 63 13 Ponderosa Homes 99 80 14 Ponderosa Apartments 140 140 15 Dolce 127 127 16 Monterey Ridge 202 202 Total Units 4,187 4,102 The map below provides the location of the sites shown in the inventory tables. Housing Element III-95 Item 3A-274 11 , fu.. .i R.lS. arew/• itlC+Z°.T. is •..:..aa ::..,-a : , s, Y4 Item 3A-275 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element I PUBLIC PARTICIPATION The first workshop held for the Housing Element update was with the Palm Desert Housing Authority Housing Commission on January 6, 2021. The Commission's discussion centered on the City's RHNA, the sites on the inventory, and the provision of units for seniors. The Commissioners indicated that senior units were needed at affordable rents, and that the upcoming planning period seemed to be well planned for, given the projects that were moving forward. The City made concerted efforts to reach all segments of the population for input into the Housing Element update. On.January 21, 2021, the City held a workshop for the community. A mix of affordable housing developers, public agencies, interested parties and individuals were invited via email. Formal invitations were sent to 21 organizations, including Habitat for Humanity, Community Housing Opportunities Corp., Lift to Rise, and the Coachella Valley Housing Coalition. In addition, the workshop was advertised on the City's web site, and in the Desert Sun newspaper. Accommodation was provided for persons requiring hearing or visual assistance for the virtual workshop, although none was requested from participants. Seventeen (17) people attended, and had an active and productive conversation. The workshop began with a short presentation, but was structured as a conversation among attendees, so that they could speak freely about issues of concern. Affordable housing developers, including CVHC and CHOC, indicated a strong desire to work with the City on projects, and clearly expressed their concerns regarding the funding of projects, which require too many funding sources in recent years: Strong support was expressed for the City's increased density to 40 units per acre. The City concurs with developers' concerns about funding sources, and has included programs for projects in this Element where the City will leverage its land to help with private developers' funding applications. However, because of the Legislature's removal of housing set aside for affordable housing, the City's participation in projects will be more limited during the planning period, and the City's focus in programs has shifted to work with private parties to construct the required units. A City Council study session was held on March 25, 2021, to discuss the status of the Housing Element update and the recently adopted RHNA allocation. The City Council listened to a staff - led presentation, and asked questions. about various projects and sites on the City's inventory. The focus of development in the University Park area for student and faculty housing for the future expansion of the universities in this area was considered a top priority. The Housing Element was posted on the City's website in June of 2021. The City also held an additional Study Session with the City Council on amendments to the Housing Element on September 9, 2021. Following that Study Session, on September 10'h, the revised Draft Element was posted on the City's website, and notices sent to community organizations, all of the participants in the City's previous workshops, and all those to whom workshop invitations had been sent to invite comments on the revised Element, prior to its resubmittal to HCD. No comments were received during this time. Finally, public hearings were held before the Planning Commission and City Council for the adoption of the Element, in February and March of 2022. Housing Element III-97 Item 3A-276 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element GOALS, POLICIES AND PROGRAMS ' Goal 1 A variety of housing types that meet all of the housing needs for all income groups within the City. Goal 2 The preservation and maintenance of the high quality of the City's affordable housing supply. Goal 3 The City shall affirmatively further fair housing through new affordable housing developments, information dissemination and education for stakeholders, and collaboration with local and regional organizations and agencies. Policy 1 New affordable housing projects shall be encouraged in all areas of the City. Special attention will be made to distributing the units so that large concentrations of affordable housing in any one area are avoided. Program LA The City shall work with affordable housing developers; non-profit agencies and other stakeholders to implement the followhig affordable housing projects for extremely low, very low, low and moderate income households during the planning period. ' 21 units at Palm Desert 103 (Site E): annually contact the landowner and provide them with current City programs and incentives for the construction of the remaining units within the project. Meet with the land owner annually, and provide the requirements of the Development Agreement for the site to encourage its development. 36 units at Arc Village (Site KK): For this Housing Authority -owned site, the Housing Authority and City will continue to work with Desert ARC and affordable housing developers to secure funding for these units with priority to developmentally disabled persons. The Housing Authority and City will participate in the preparation of applications for State funding and reinstate funding assistance when an application is prepared. The Housing Authority and City will promote the site to developers through its website, and annually meet with Desert ARC to encourage development. 66 units at Millennium (Site F): the City will continue to work with the developer to process the pending entitlements and finalize the affordable housing covenants consistent with the existing Development Agreement. The application is expected to be reviewed by the Planning Commission by March of 2022. Responsible Agency: Community Development Department and Housing Authority Schedule: Continuous as these projects move forward Housing Element III-98 Item 3A-277 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element Program 1.13 The City shall pursue the planning and implementation of the following projects for extremely low, very low, low and moderate income households during the planning period. The City will utilize public -private partnerships, grants and third party funding for these projects, and density bonus incentives. 240 units at Millennium City Site (Site C): the City shall enforce the terms of its existing agreement with the developer of this project, including maintaining project schedules and expediting processing of applications. A minimum of 15% of the units will be reserved for extremely low income residents. Entitlement applications are expected in 2022, financing will be secured in 2023. and construction is expected in 2024. 28 units at Sagecrest Apartments (Site LL): the City will complete the RFP process in 2022, and establish an agreement with the successful developer for construction of the units by 2025. A minimum of 15% of the units shall be reserved for extremely low income residents. The DDA for the project includes a requirement that the units be built by 2024. 269 units at Gerald Ford, west of Portola (Site B): the City will maintain the schedule established in the existing agreement with the developer, participate in funding applications, and participate in the funding through the existing land sale agreement, to reach completion of construction by 2024. The project was approved by the Planning Commission in July of 2021. The developer is actively involved in securing CDLAC/TCAC and other funding, and expects to begin construction in 2023. Responsible Agency: Community Development Department and Housing Authority Schedule: As described above, 2022-2025 Program 1.0 The City shall encourage and facilitate the development by private parties of the following projects for extremely low, very low, low and moderate income units: 200 units at Key Largo (Site A): the City will continue to work with the land owner in the completion of entitlement applications for the site, including the provision of Density Bonus incentives, fee waivers and other incentives as appropriate. The City will meet with the developer annually, and encourage the completion of the Specific Plan by December of 2024, and construction beginning in January of 2026. 78 units at the Sands (Site DD): the City will maintain contact with the land owner and participate in funding efforts as the developer applies for TCAC and other funds for the project. The City will process the pending application amendments by June of 2022, and assist in the preparation of funding applications by March of 2023, and construction beginning by June of 2024. The City will offer incentives, including Density Bonus, fee waivers and reduced building permit fees for those projects including a minimum of 15% of units affordable to extremely low income households. Responsible Agency: Planning Department Schedule: As provided above. Housing Element III-99 Item 3A-278 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element Program 1.1) ' As a key long-term strategy to meaningfully assist fair housing protected classes, the City shall continue to implement the Self Help Housing program when funds are available. The City will work with agencies such as Habitat for Humanity and Coachella Valley Housing Coalition to identify funding and the location of these units. This includes the construction of the 14 homes on Merle, secured with CVHC. The City will implement the provisions of its agreement with CVHC to assure the completion of the 14 self-help units by 2024. Responsible Agency: Housing Authority Schedule: 2022=2024 for Merle lots, annually throughout planning period Program LE The City shall maintain its inventory of sites zoned for PR-20 or more, and R-3, and shall encourage the incorporation of extremely low, very low, low and moderate income housing units into these projects as they are brought forward. These sites are included in the Vacant Land Inventory (Table III-47), have been assigned the Housing Overlay District, and will be required, consistent with AB 330, to meet the densities cited in the Inventory. The City will post Table III- 47 on its website immediately upon adoption of the Element. The City shall, as part of its Annual Progress Report to HCD, analyze whether any Inventory site has been developed at a density less than that shown in Table III-47, and how any reduction was offset to assure that the City's RHNA allocation can be met (no net loss). Responsible Agency: Planning Department. Schedule: 2022 for posting of Table III-47, April of each year for Annual Progress Report. ' Program IX Although the affordable housing projects currently approved or being entitled in the City occur on parcels of 10 acres or more, the City will encourage further land divisions resulting in parcel sizes that facilitate multifamily development affordable to lower income households in light of state, federal and local financing programs (50-100 units) as development proposals are brought forward for sites A and F. The City will discuss incentives available for land divisions (275 acres) encouraging the development of housing affordable to lower income households with housing developers as proposals are brought forward. The City will offer incentives for land division encouraging the development of affordable housing including, but not limited to: priority to processing subdivision maps that include affordable housing units, expedited review for the subdivision of larger sites into buildable lots where the development application can be found consistent with the Specific Plan, financial assistance (based on availability of federal, state, local foundations, and private housing funds). Responsible Agency: Planning Department Schedule: As projects are proposed Program 1.G The City shall establish a pilot program to encourage development of ADUs and JADUs that are dedicated as affordable units and made available for rent to low-income households for at least 30 years. The City program could include an incentive such as floor area bonus for the property ' owner; reductions in building plan check fees, and/or inspection fees. Housing Element III-100 Item 3A-279 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element Responsible Party: Planning Department Schedule: Develop and publish program on City website: 2021-2022, with regular Zoning Ordinance update Program 1.H The City shall establish an SB 35 planning application and process that contains the requirements of the law, the required objective development standards, and the processing requirements for these projects. Responsible Agency: Planning Department. Schedule: June 2022 Policy 2 The City shall encourage the rehabilitation of existing housing units through a variety of programs. Program 2.A The City shall consider CDBG funds for the Home Improvement Program for single family homes by providing grants and low interest loans to program participants, with a focus on the 67 units identified as having substandard kitchen and bath facilities, and continuing to refer residents to the existing HVAC replacement program offered by SCE. The HIP program will be provided to the extent that ftinding is available, to up to eight households each year, and referrals made for the SCE replacement program as they are received, on average to 7 residents annually. Responsible Agency: Housing Authority Schedule: Annually with adoption of CDBG program funding Program 2.13 The City shall develop a program for homeowner assistance for the rehabilitation of older and substandard housing units. Funding sources to be considered include CDBG, HIP, and other programs as identified. Responsible Agency: Community Development Department Schedule:_ Annually as funds are available Policy3 The City shall preserve existing affordable housing units. Program 3.A The Housing Authority shall continue to subsidize affordable housing units it owns now and in the future using operating revenues. Responsible Agency: Housing Authority Schedule: Annually in the Housing Authority Budget Program 3:13 The Housing Authority shall maintain the existing resale restrictions and other subsidies on 301 ownership units. Responsible Agency: Housing Authority Schedule: Throughout the planning period Housing Element III-101 Item 3A-280 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element Program 3.0 ' The City will research and identify ownership of the 67 ownership units at risk of losing affordability covenants during or immediately following this planning period, and work with owners to extend these covenants. Incentives could include: financial assistance for the extension of covenants. Offer HIP major rehabilitation loans to homeowners to secure extended restrictions. Responsible Agency: Housing Authority Schedule: Throughout planning period, one year prior to covenant expiration Program 3.D The Housing Authority owns approximately 1,114 existing rental housing units and will strive to maintain its ownership and/or long term affordability of these units by a third party. Should the Housing Authority sell any of its properties, the sale will include a deed restriction assuring that the same affordability levels as occur prior to sale are maintained for a period of at least 55 years. Responsible Agency: Housing Authority Schedule: Annually in the Housing Authority Budget Program 3.E To ensure adequate access to opportunities for fair housing protected classes, such as families with children and lower income households, the City will host meetings between affordable housing developers and social service agencies when new projects are developed to encourage the , integration of services such as child care, job training, vocational education, and similar programs into new affordable housing projects through direct contact with both parties. For on -site child care, the City shall consider allocation of the City's Childcare Mitigation Fee to new projects which provide the service. Responsible Agency: Housing Authority, Community Development Department Schedule: As projects are proposed Policy 4 The City shall continue to strive to meet the State -mandated special shelter needs of large families, female headed households, single parent families, senior citizens, and disabled individuals and families, and shall consider including units for such households in its projects. Program 4.A The City shall continue to enforce the provisions of the Federal Fair Housing Act. The City shall continue its referral program to the Fair Housing Council of Riverside County, and shall maintain information at City Hall and affordable housing complexes. Brochures and flyers shall be available at Housing Authority properties, the Public Library, and City Hall, and at County social service agency offices in the City, in order to assure that they are available to all community members. Responsible Agency: City and Housing Authority Schedule: Brochures updated and refilled as needed to assure they are always available. Program 4.13 The City shall work with the Senior Center and other appropriate agencies including the Fair Housing Council of Riverside County and nonprofit groups (e.g. Habitat for Humanity) in the ' housing of disabled residents. Advertise workshops and webinars held by these organizations on Housing Element III-102 Item 3A-281 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element anti -discrimination on the City's email newsletter, and Resources on the Affordable Housing webpage. The City will annually train staff at the Senior Center and Housing Authority properties in the needs of disabled residents, the requirements of the Americans with Disabilities Act, and the City's Reasonable Accommodation policy. Responsible Agency: Housing Authority, Senior Center Schedule: At each update of affordable housing webpage and annually through staff training program Program 4.0 The City shall meet with non-profit developers and other stakeholders annually to establish and implement a strategy to continue to provide housing affordable to extremely low-income households. The City shall also consider applying for State and federal funding specifically targeted for the development of housing affordable to extremely low-income households, such as CDBG, HOME, Local Housing Trust Fund program and Proposition 1-C funds to the extent possible. The City shall continue to consider incentives, such as increased densities, modifications to development standards, priority processing and fee deferrals as part of the financing package for projects which include extremely low income units. Responsible Agency: City Schedule: In conjunction with development of projects described in Programs LA through I.C. Policy 5 The City shall strive to provide shelter for the homeless and persons with disabilities. Program 5.A The City shall continue to work with CVAG on a regional solution for homelessness with the CV Housing First program, through a collaborative approach of the Coachella Valley Homelessness Engagement & Action Response Team (CVHEART). Responsible Agency: City Manager's Office Schedule: Annually in the General Fund Budget Program 5.13 To increase housing supply for disabled persons, the City will continue to coordinate with the Inland Regional Center, Desert Arc and other appropriate agencies and organizations that serve the developmentally and physically disabled population. The City will continue to encourage developers to reserve a portion of affordable housing projects for the disabled, including those with developmental disabilities and emphasize their needs and what the City can provide during developer outreach and meetings. The City will support funding applications for such projects, and will consider fee waivers and reductions on a case -by -case basis. Housing Authority properties are one of the vehicles available to encourage rental to developmentally disabled individuals and demonstrate compliance with the City's Reasonable Accommodation policy. Responsible Agency: Planning Department Schedule: As projects are proposed and during pre -application meetings with the City Program 5.0 The City will continue to make direct appeals to encourage local organizations, such as the Coachella Valley Rescue Mission, Martha's Village and Catholic Charities, to apply to the City for the award of CDBG funds for homeless services, including announcements on its website and Housing Element III-103 Item 3A-282 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element social media of the availability of funds, the schedule for applications, and the award schedule, as ' it has for many years. The City Council will continue to allocate available funds to these and other organizations that apply from its annual County allocation. Responsible Agency: Finance Department Schedule: Annually with CDBG funding cycle Program 5.D Review and revise, as necessary, the Zoning Ordinance to ensure compliance with Assembly Bill AB) 101 as it pertains to Low Barrier Navigation Centers, and AB 139 as it relates to parking for emergency shelters being required for employees only. Modify the definition of"homeless shelter" to include Low Barrier Navigation Centers. Responsible Agency: Planning Department Schedule: 2022-2023 at regular Zoning Ordinance update Policy 6 The City shall continue to utilize restrictions, applicant screenings, and other appropriate mechanisms established as conditions of approval, restrictive agreements or other means in order to preserve affordable for sale housing units for the long term. Program 6.A The City shall keep in regular contact with the Riverside County Housing Authority to ensure that Section 8 housing assistance within the City is actively pursued. At least 30 households should be assisted every year. Responsible Agency: City and Housing Authority ' Schedule: Annually with annual compliance plan review Policy 7 The City Council shall consider, as an additional incentive, the reduction, subsidizing or deferring of development fees to facilitate the development of affordable housing. Policy 8 The City shall continue to address the needs of the senior population in development of housing. Program &A The City shall maintain the Housing Overlay District to include flexible development standards, density bonuses, design criteria, and parking reductions for the development of a wide variety of housing products which provide a mitiiinutn of 20% of all units at income -restricted rents, or at least one unit for smaller residential projects, and to eliminate the public hearing requirements and waive City plan check/inspection fees and potentially other fees. The Accessory Dwelling Unit standards shall be maintained consistent with State law in the Zoning Ordinance. Responsible Agency: Community Development Department Schedule: Annually review with state General Plan report Program 8.B The City shall continue to encourage the development of assisted living facilities for seniors. Responsible Agency: Community Development Department Schedule: As projects are proposed I Housing Element III-104 Item 3A-283 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element Policy 9 The City shall implement the State's density bonus law. Program 9.A Revise the Zoning Ordinance to ensure compliance with State law as it pertains to density bonus by October of 2022 to address the changes contained in AB 2345, and as State law changes throughout the planning period. Responsible Agency: Community Development Department Schedule: at regular Zoning Ordinance update Policy 10 Promote the jobs/housing balance through the development of housing with convenient access to commercial land uses, schools, available public transport and employment centers. Policy 11 The City shall promote and affirmatively further fair housing opportunities throughout the community for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (FEHA), Government Code Section 65008, and any other applicable state and federal fair housing and planning law. Program 11.A Continue to provide multilingual brochures and informational resources to inform residents, landlords, housing professionals, public officials, and others relevant parties about fair housing rights, responsibilities, and services, with an emphasis on needs of disabled persons. Brochures and flyers shall be available on the City website (Resources on the Affordable Housing webpage), at Housing Authority properties, the Public Library, and City Hall, and at County social service agency offices in the City, in order to assure that they are available to all community members. Also see Program 4.A) Responsible Agency: Housing Authority Schedule: Ongoing, at each update of affordable housing webpage and preparation of public outreach materials Program 11.B Continue to coordinate with SunLine Transit Agency by continuing to provide it with all development applications, to encourage it to expand services that provide reliable transportation options to low income, disabled, senior, and other residents with limited access. Responsible Agency: Community Development Department Schedule:2022-2029 Policy 12 Encourage energy conservation through the implementation of new technologies, passive solar site planning and enforcement of building codes. Please also see the Energy and Mineral Resources Element. Housing Element III-105 Item 3A-284 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element Program 12.A , The City shall maintain an Energy Conservation Ordinance which mandates conservation in new construction beyond the requirements of the California Building Code. Responsible Agency: Planning Department Schedule: Annual review with state General Plan report Program 12.B The City shall encourage Green Building techniques, recycling in demolition, and the use of recycled, repurposed and reused materials in all new housing projects to the greatest extent possible. Responsible Agency: Planning Department, Building Department, Public Works Department Schedule: As projects are proposed Housing Element III-106 Item 3A-285 RESOLUTION NO. 2022-20 TN/City of Palm Desert General Plan/Housing Element Appendix A Public Outreach Materials Housing Element II1-107 Item 3A-286 RESOLUTION NO. 2022-20 PALM DESERT COMMIANM( WOR.K.SH-OP NOTICE CITY OF: PALM DCSE'RT-ti-OuSINcj FL6MEN-r COMML,,LNITY WOT2.K51-top Thu.rsalaU, Jawu.arb 2i, 2021 — 3:00 p.M. A cow+.vu.uwitlJ, worl2shop for the Cit's FtousCvug ELevL&ewt update (2o21-2o29 pLawwiwg period) will, be held Thursdau,Jawu.aru 2i, 202i, at 3:00 p.vw. Via ZOOM. At this worl2shop, the Gitc will discuss ba0"r0uw0[ iw forvwatiow regardiwg its upoovwiwg htoicsiwg I Lemewt update L"Ludiwg wew state I-toksiwg eLentevLt Law, the 202z-2o29 RegiowaL I-toirsi" Needs Assessvu.ewt R+tNA) GlUoomtiow for the Citu awd talzepubUo covumewts ow the update from , those attev%,diwg. ALL members of the public are ewcouraged to attewd. The L-busi." 6Lemewt is a series of 0oaLs, poLicies, awd ivwpLevu.ewtatiow measures for the presewatiovv,, improvemewt, awd devdopmmt of hoiesiwg, which wouLol appL throughout the Cito. It meets the rectuiremewts of the oauforwia Departvwewt of htoitsiwg awd CovumuwitlJ. Devd pmmt, awd state Law. ro participate iw the worleshop via Zoom, please RsvP b, entaU to eeeja@oitbofpaLK&olesert.orci, b, so:oo a.vu.. ovL the dad o f the vweetiwg (rectuests received after io:oo a.m. ow vweetiwg dad mad wot be processed). specific ctuestiows regardiwg the worizshop or Itoii.siwg eLevwewt ntaU be directed to Eric eeja, PriK,cipaL PLawwer, at (76o) s4c o6:u or eceja@oitUofpatmolesevt.org. The CLto of paLvu. Desertprovwotes faix housiwg awd mc*l-es ctUprograms ava%Lable to Low4KZonte fciWlUes awd i. o!MduaLs, regardless of race, reU,3%ow, coLor, watlowaL orLoCw, avusestrd phos%oQL disabULtd, MewtaL IolssabULtu, medCcaL cowd%tCow, va.arltaL status, poL"at W aff untiow, sex, age, sexuaL orIeKtatlovl or other arbCtraro factor. Item 3A-287 AB 1486 LC uniwmvt S(arWaMF nnna USA Fr na Mn MbHrlurce Hnnpbuiltlefe LLL AFFORDABLE HOUSING DEVELOPERS N...I Commumty Renaissanm LMTa Rise Community Housing Cenn wni6es Co Vcraean Coachella Valley Housing Codiann Pacific WealHahiMtMrHamanay WVE161. CAAFYl I..Xwtip Berv'u¢ wgw PoVEa mNRY. nlawwtkr rW rten%Iglrye pyV— VeMyJaya,C"M ASI v¢kev a¢.Nxacol mn.v¢ Wl4PIM1i6C0yltk Lnw zseLa. ndc nmunhy OevebpneM WMhraatM 6w01w bM, TaUM Ralga A2'.J 88Ran. ed 121202 OaIHFAC AEM C/Y Sble M IC 1 ct Phma X 251 sL k Ave p320 1'asatlena LA Y1105 Mtl Slocum 3 01. IiWNX yyRgqp B I %1r 180 `4oa NNNNNNMMgM11990.NN0.NNeeeeeeaaeaaa 9 Q)0 µHen IWon NFLFfiAIMN S 18.Ci 0 I CA I L 9e i Monme SneaL6ulmG `Mde, CA 6220f 1= In 12131 Wllsntre slvn., Swte 801 `o Ax1. CA 900'K Mike Diac05 6.31 Wesley Street SWte F Culvdl'CIN CA 90wa t/a Eewp9ne 1 Thames Irvine CA 920 Igmre Mor od Q 51 M0(gflYuGryyOn Rd. R120 gan P. CA 921lIJan WeM/5 l e lure D ie L95 5!pis CA 9261Pau l Lanoll 3JBE /j'n INAya F tla__ CA 9283t,1Ruti' W., I fl]0 y' wan Ave. C200 a CA 9261{IC COvartuOres 3605///ICZAvanue: Suite 3050 1L AgpJes CA 90021fEA N06anhre 3zoo Dnuglaa[Iw see Zoo k I ca ss65111111 canIDamna SA7 Via Zagafa 1RPremltle CA 92W "dryMte 9421 Haven Aven..Rarc Cucelrorga,CA 91730 CA Tony M., VP Aul... 9W727-2783 73710 F. MnDr An. 100, Palm Desal CA 92260 CA 700-636-0420 Nina Nitlwlas Joy Glwr CearlesLmaoYeg0r Lynenenk0 W30 Bien— Canby Drive WGBD, Fairfield, CA94534 CA Warn, H.N, )0]-759-6043 45701 M.— St. Intl.. CA 92201 CA Maryann YEam ]60-347-315] 430 E 6MY SbeM Se, 100, Ea9N, 00616 CA Donn Badmenn ea"' M9 22680 Dinah S.. D, 96, Palm N. CA W211 CA ]00-960E91] qx A— ReMOL1®nvege G ]o .MmY O1C IeA 199& . 261b drax Sq—Dr .. CA 92211 7. aaaae1] 1n 1rea.1 Ma 5b 290 PNn0.ml G 9T3a11 PuM Wan Tmm Car 1]6Y)a4R112] 12] In Fret N4m9 prc, sui 1. VYn C¢W G .... PW1o¢ a600 o novenmo,. v,oM Cslm M¢ n¢ne MamOwxcnre tt 9c r nr®nM v nn min®xe„v a,v wvsFMm9n6wa r Item 3A-288 RESOLUTION NO. 2022-20 Tuesday, January 12, 2021 at 08:21:03 Pacific Standard Time Subject: Palm Desert Housing Element Update - Virtual Community Workshop Notice - Join us! Date: Tuesday, January 12, 2021 at 8:19:19 AM Pacific Standard Time From: Kimberly Cuza <kcuza@terranovaplanning.com> BCC: Andrew@greendev.co <Andrew@greendev.co>, mrisdon@acof.org <mrisdon@acof.org>, affordablehomestead@gmail.com <affordablehomestead@gmail.com>, Riaz@marrscorp.com Riaz@marrscorp.com>, apreedge@cityventures.com <apreedge@cityventures.com>, julie.bornstein@cvhc.org <julie.bornstein@cvhc.org>, mdiacos@cypressequity.com mdiacos@cypressequity.com>, Ivandeweghe@decro.org <Ivandeweghe@decro.org>, smoreno@families-forward.org <smoreno@families-forward.org>, jon@hipsandiego.org jon@hipsandiego.org>, paul@integrityhousing.org <paul@integrityhousing.org>, rubina@olivecs.org <rubina@olivecs.org>, tcox@cvag.org <tcox@cvag.org>, cesarc@kennedycommission.org <cesarc@kennedycommission.org>, esantana@ush.us esantana@ush.us>, ggardner@usapropfund.com <ggardner@usapropfund.com>, tmize@workforcehomebuilders.com<tmize@workforcehomebuilders.com>, tmize@nationalcore.org <tmize@nationalcore.org>, JSilver@chochousing.org JSilver@chochousing. org>, CLiuzzo@chochousing.org <CLiuzzo@chochousing.org>, YLyashenko@chochousing. org <YLyashenko@chochousing.org>, MHachiya@chochousing.org MHachiya@chochousing. org>, Maryann.Ybarra@cvhc.org <Maryann.Ybarra@cvhc.org>, DarrenB@tpchousing. com <DarrenB@tpchousing.com>, jortiz@nphsinc.org jortiz@nphsinc. org>, executivedirector@hfhcv.org <executivedirector@hfhcv.org>, info@hfhcv. org <info@hfhcv.org>, cdahlin@cvag.org <cdahlin@cvag.org>, info@lifttorise.org info@lifttorise. org>, VNicholas@chochousing.org <VNicholas@chochousing.org>, Eric Ceja eceja@cityofpalmdesert. org>, jgonzales@cityofpalmdesert.org jgonzales@cityofpalmdesert. org>, Nicole Criste <ncriste@terra nova plan ning.com>, Bitian ' Chen < bchen@terranovaplanning.com> Attachments: image001.png PALM DESERT C mmKNiTy WOR e-.s oi> NOTICE al- r Of: PALM DESERT 1-hOI.tSI NGj ELEMENT COMM1. WORK. Sf-tOP Thi, t.rsclaV, lawicary 21, 202t — 3:00 p.YK. I A aowt.wt.tcw%try worloshop for the C tLl's f of si.wg C-Lemtwt update (2 Page 1 of 2 Item 3A-289 Z 10 Z aged a0404 Ran glwv MyUa nmC s'a6n x s'M01}n1j1 k7 n01 1104'SM:M;S JU41AVW 'MOMP-009 11201PP 'R r gns p nS'Ip nO sRgd RA s7'J'Nn'M16MO jn'N01 nM'ao ao'M0169jAA'70ni O ssr pan6.+'s n p?n pM pMn rH mod 21gnllnnn 5Mnna6oad »n s2zlvw pMn 6M sroH a n} sa anao d +as a +1nd}O RgrJ 741. saPwjU40A4j,0onfaQ? AO }n '.AaM'weld 1ndl" i.id 'Ufa0 , 0a.±Ip aq AVW 4WWal9 OM15Ylo4-4 .+o dOMSSIAOM a44 OMIpabOaa SWIV21A19 passaoo,+d aq :10M AUW PUP OIAI-aaMn Mo •Mn•b Oo:OT .24V p2nI202A 6Ml-a9'VM M14)4 Rmp 2M4 MO -W-V o0:02 Aq 'ba0•VasapMnlbAnooloraoa Piq dAs-, asnald 'WOOr VIA d01451*40M 2144 -Al 24V6,2j.md 01 j-wawdolanaq A:tlm- wwoo pMb Foml5moH o avin mda mrwao alm 12W2+oI- Ab9.+ 9M4 s:aatiM 41 •R41-0 2144 4AOMOMOa144 A144n p1rOM MQlMM o gw2Wd01an2p pMm 'TMaw2A0Aiwl 'MoaWnaasa.+d aM-1 aO 52.Av+5k2W ialdwi "V ' sal'0-110d 's1bo0 40 sal.+as b s1 V M 913 OM 5-AaH 2M1 pMa-Ab 04 P20KA-A00M2 aan 01 qrd a41. Jo saagw2w 11V •OMIpMa44n 250M4 L-m aM4 Mo s}Ma'W wo'J 911gMd a2{e pMn R41'J aM4.l4 Mo14bo011b (VN+4-a) spaaN OM' 1sM044 jVM0l02at 6C0-C-TW-C 244 'Mb1 Vg wal3 OMls-AaH t OM1p- Alowl agbpdvi 4MaMna13 Ows-AaH OM1'W ODi-A sq1 OM1p. Vr0a.+ ' Al pMr0a0ZI0Vq 55Y1J59p 11-1M A41-J a44 404521.+OM 51144 W 'Mn00'Z 0:9: : In 'Zo-C 'rc R.+b,wn(inps.+r Ml p1aM aq 11-IM (pauad O AW-AU1d OZ-ZZOZ ' ON Nounlom Item 3A-290 RESOLUTION NO. 2022-20 Housing Dement Workshop RSVP Lid -January 21, 2021 Nme orgzniaatlon lann Bodies Cltyi Housing Commledon TaylorVamer Libolt Lift to Rix Melody Morrison Dounaault CRyh Housing Commission Dennis CDy's Housing Commisslon Habitat for Humanity Joy MiNer Commuhill es Housing Opp onto air I as Corporation Tony Mire National Core Donis Wlica Coachella VallNHousing Coalition 9awomlr Rutkomid Coachella Vallry Housing Coalition Anna Teller — Coachella Vallry Housing Coalition V eila McGrath Coachella Vallry Housing Coalition Gretchen Gutierrez Desert Valley Builders Associations Finall tavlonRllhtorlseor telelrlo90- 11.c aonnaalnstam awcdNaemaiLmm JSII lO M—hqusf MFr, nrr timficOdrhnrFnusle ore EmiliaobcaAlcoreoreEmilia1, RulkArvhc or Ann, T,ir c@c0childvoFr tiro AnnaTellersmcvbconeSFnla MKma,MrvFr nA pgtathedvba ore 11 Item 3A-291 0 m O rC O Z Z O NONN N O PALM DESERT HOUSING ELEMENT UPDATE Item 3A-292 Background and Requirements The Housing Element is one of the Elements required in our General Plan It is the only Element that must be updated on a regular schedule. Upcoming planning period: 2022-2029 The purpose of the Housing Element is to assure that the City facilitates the development of housing for all economic and social segments within the community. The City has a long history of actively participating in the development of affordable housing, and currently owns 1,127 affordable housing units. x mcn O r C O z z 0 NONN NO Item 3A-293 About Palm Desert Current Population: 52,986 Median Age: 53.0 years Households: 24,114 Median Household Income: $57, 578 (below the County median of $66,964) 21,933 residents work (41% of the population) Management (36%) Service (25%) Sales and office (28%) 39.6% of residents work in the City X m O rc O z z 0 NONN N O Item 3A-294 About Palm Desert Median housing value is $335,400 Median rent is $1,260 959 housing units are overcrowded 218 overcrowded units are owner -occupied. 741 overcrowded units are renter -occupied. 9,635 households are overpaying for housing (more than 30% of income) 3,040 lower income owners are overpaying 3,860 lower income renters are overpaying X m O r C O z z 0 NONN N O Item 3A-295 I RE'-OLUTION NO. 2022-20 c0YuVO N Q l0rnM Mm Q1 d O ct a) p N i rMppn N O Q N z N S N OC ON 0OtlAN N v v E 0V v N E z E OVC N ai C 4 OJ V C N E O vy Qp00 G EE w 0 L VC 1 m O v O g r Item 3A-296 Looking to the Future There are several projects in development that will come forward in the 2022- 2029 planning period: 270± units are in early development stages for 10 acres owned by the SARDA. 200± units are in early development stages on 10 acres owned by the City at Dinah Shore and Portoia. Minimum 28 units units at Sagecrest Apartments, at the corner of Santa Rosa and San Pasqual. 384 units next to Canterra Apartments, 61 of which will be reserved for low income households. 200± units at Dinah Shore and Key Largo, as part of a larger Specific Plan being prepared by a private developer. 14 self help ownership units on Merle, near Cook Street, through the Coachella Valley Housing Coalition. The City will continue to work with the development community to facilitate additional projects as they are proposed. M O r- C 0 z z 0 Item 3A-297 C- Available Sites The City needs to identify sites for 1,592 units for very low, low and moderate income households. The City has identified sites for 1,973 units for these income levels. The City has approved projects which will provide 4,405 above moderate income units. mEn O r C O z z 0 NONN N O Item 3A-298 m 0 r C O z Next Steps Z NO N N O The Housing Element Draft will be completed in early spring, and submitted to the State for review. Planning Commission and City Council hearings are expected in late summer of 2021. Item 3A-299 F7 Discussion We want your input. Please give us your feedback. m O rc O z z 0 NONN N O Item 3A-300 RESOLUTION NO. 2022-20 Wednesday, September 1, 2021 at 15:47:59 Pacific Daylight Time Subject: Palm Desert Housing Element Study Session Date: Friday, August 27, 2021 at 2:44:30 PM Pacific Daylight Time , From: Kimberly Cuza <kcuza@terra nova plan ning.com> To: Kimberly Cuza <kcuza@terra nova plan ning.com> BCC: Andrew@greendev.co <Andrew@greendev.co>, mrisdon@acof.org <mrisdon@acof.org>, affordablehomestead@gmail.com <affordablehomestead@gmail.com>, mdiacos@cypressequity.com <mdiacos@cypressequity.com>, Riaz@marrscorp.com Riaz@marrscorp.com>, tmize@workforcehomebuilders.com tmize@workforcehomebuilders.com>, ggardner@usapropfund.com ggardner@usapropfund.com>, esantana@ush.us <esantana@ush.us>, cesarc@kennedycommission.org <cesarc@ken nedycommission.org>, apreedge@cityventures. com <apreedge@cityventures.com>, julie.bornstein@cvhc.org julie. bornstein@cvhc.org>, Ivandeweghe@decro.org <Ivandeweghe@decro.org>, smoreno@families-forward. org <smoreno@families-forward.org>, jon@hipsandiego.org jon@hipsandiego.org>, paul@integrityhousing.org <paul@integrityhousing.org>, rubina@olivecs.org < rubina@olivecs.org>, tcox@cvag.org <tcox@cvag.org>, tmize@nationalcore.org < tmize@nationalcore.org>, JSilver@chochousing.org JSilver@chochousing.org>, Charles Liuzzo <cliuzzo@chochousing.org>, Yegor Lyashenko YLyashenko@chochousing.org>, Minami Hachiya <MHachiya@chochousing.org>, Maryann Ybarra <maryann. ybarra@cvhc.org>, Darren Berberian <DarrenB@tpchousing.com>, jortiz@nphsinc.org < jortiz@nphsinc.org>, executivedirector@hfhcv.org executived i rector@ hfhcv.org>, cdahlin@cvag.org <cdahlin@cvag.org>, info@lifttorise.org info@lifttorise.org>, Info HFHCV <info@hfhcv.org>, Vince Nicholas VNicholas@chochousing.org>, Eric Ceja <eceja@cityofpalmdesert.org>, Jessica Gonzales ' jonzales@cityofpalmdesert.org>, Nicole Criste <ncriste@terra nova planning.com>, Bitian Chen <bchen@terra nova plan ning.com>, Cynthia Michaels cmichaels@terranovaplanning.com>, jannb774@gmail.com <jannb774@gmail.com>, taylor@lifttorise.org < taylor@lifttorise.org>, tallgirlof3@gmail.com <tallgirlof3@gmail.com>, donnaault@msn.com < donnaault@msn.com>, guinawcd@gmail.com guinawcd@gmail.com>, executivedirector@hfhcv.org <executivedirector@hfhcv.org>, JSilver@chochousing.org < JSilver@chochousing.org>, tmize@nationalcore.org tmize@nationalcore.org>, Emilia.Mojica@cvhc.org <Emilia.Mojica@cvhc.org>, Slawomir.Rutkowski@cvhc. org <Slawomir.Rutkowski@cvhc.org>, Anna.Tellez@cvhc.org Anna.Tellez@cvhc. org>, Sheila.McGrath@cvhc.org <Sheila.McGrath@cvhc.org>, gg@thedvba.org < gg@thedvba.org> Attachments: image. png, PD HE Study Session Notice.jpg PALM DESERT As a participant in our community workshops for the City of Palm Desert's Housing Element Update, we wanted to let you know of this upcoming Study Session. The Study Session will be a presentation followed by Planning Commission and City Council comments and questions, and we hope that you can attend and , listen in. Following the Study Session, the City will post the revised Housing Element on its website for public comment, from September 10th through September 24th. We invite you to provide comments on the Element through this portal: Housina Element I Citv of Palm Desert Page 1 of 3 Item 3A-301 RESOLUTION NO. 2022-20 73-510 FRFD WARING DRIVE PALM UEeERC,CAMORNIA 9236o-z578 1Ef:76o 346-o6>> I0fira0tyofPa1mAercnertg NOTICE OF JOINT STUDY SESSION OF THE PALM DESERT CITY COUNCIL ME PLANNING COMMISSION NOTICE IS HEREBY GIVEN that the Palm Desert City Council and the Planning Commission will convene for a Joint Study Session Thursday, September 9, 2021, at 2:00 p.m. — a Virtual Meeting. Said Study Session will be for the purpose of a proposed draft Housing Element presentation by Terra Nova Planning & Research. Resulting recommendations will be considered at an upcoming Regular City Council Meeting. I NORMA I. ALLEY CITY CLER Posted: August 19, 2021 Nn ACTIOM.q WII I AP TAICCN AT TWC: CTI IhV CCCCIMI Page 2 of 3 Item 3A-302 RESOLUTION NO. 2022-20 4"V4 nv.wLvnv •nrr yr .rvp.n n. 1nV V.vvi vGHV1vTl NOTE: PursiMM..Exeeti6ve.0idef*28-20, this meedngmaybe conduciedbyieteconteow ' endthere will beho.in personpubllc access to the meeting,tocadon, Study Session is.Ifve sfreamed on the t Ity'e. wetisite; www.cl oipalmdesert.orgl iioderthe CoupcilAgends_ jinkatthotop ofthe.hbM60igoi dbyWidingtheSeptember9,00,Study Session schedutad,W2i00 M. Page 3 of 3 Item 3A-303 RESOLUTION NO. 2022-20 Friday, September 3, 2021 at 13:49:22 Pacific Daylight Time Subject: Palm Desert Housing Element Study Session Date: Friday, September 3, 2021 at 1:48:29 PM Pacific Daylight Time From: Kimberly Cuza <kcuza@terranovaplanning.com> BCC: josieare@gmail.com <josieare@gmail.com>, info@pdacc.org <info@pdacc.org>, gg@thedvba.org <gg@thedvba.org>, Jessica Gonzales <jonzales@cityofpalmdesert.org>, Nicole Criste <ncriste@terranovaplanning.com> Attachments: image001.jpg, image002Jpg PALM DESERT As a participant in our community workshops for the City of Palm Desert's Housing Element Update, we wanted to let you know of this upcoming Study Session. The Study Session will be a presentation followed by Planning Commission and City Council comments and questions, and we hope that you can attend and listen in. Following the Study Session, the City will post the revised Housing Element on its website for public comment, from September loth through September 24th. We invite you to provide comments on the Element through this portal: Housinu Element I Citv of Palm Desert IIIY 0r P0IM 0 73-5 10 FRED WARING DRivE PALM DESERT,CALIFORNIA 9226o-2578 TEL: 760 346—o6i i infwAcit yeftralmdex morg NOTICE OF JOINT STUDY SESSION OF THE PALM DESERT CITY COUNCIL WE PLANNING COMMISSION Page 1 of 2 Item 3A-304 RESOLUTION NO. 2022-20 NOTICE IS HEREBY GIVEN that the Palm Desert City Council an( ICommissionwillconveneforaJointStudySessionThursday, Septemb 2:00 p.m. — a Virtual Meeting. Said Study Session will be for the purpose draft Housing Element presentation by Terra Nova Planning & Resear< recommendations will be considered at an upcoming Regular City Council NORMA 1. ALLEY, M t CITY CLER Posted: August 19, 2021 NO ACTIONS WILL BE TAKEN AT THE STUDY SESSION NOTE: Pursuant to Executive Order N-29-20, this meeting may be conducted by and there will be no in -person public access to the meeting location. Study Session is live -streamed on the City's website: www.citvofngJmdesert. ' Council Agenda link at the top of the homepage and by selecting the September Session scheduled for 2:00 p.m. Page 2 of 2 Item 3A-305 RESOLUTION NO. 2022-20 Friday, September 10, 2021 at 15: 13:32 Pacific Daylight Time Subject: FW: Screen Shot of Housing Element Website Update Date: Friday, September 10, 2021 at 3:10:10 PM Pacific Daylight Time From: Nicole Criste <ncriste@terranovaplanning.com> To: Kimberly Cuza <kcuza@terranovaplanning.com> Attachments: image001.jpg, image002.png, image003.jpg, image004.jpg, image005.jpg For PDHE Appendix Nicole Sauviat Criste Principal TERRA NOVA PLANNING & RESEARCH, INC.@ 42635 Melanie Place, Ste 101 PALM DESERT, CA. 92211 760)341-4800 FAX#:760-341-4455 E-Mail: ncriste(o)terranovaDlannina.com From: "eceja@cityofpalmdesert.org" <eceja@cityofpalmdesert.org> Date: Friday, September 10, 2021 at 2:54 PM To: Nicole Criste <ncriste@terranovaplanning.com> Cc: "jgonzales@cityofpalmdesert.org" <jgonzales@cityofpalmdesert.org> Subject: Screen Shot of Housing Element Website Update Attached is the screenshot for the HE website update. X n Crol YXf,yy, X 1 (y X, 0 IWOf CftX 1 % f X' W Yw^n' Pt X 1 Q kMOiXlift f 4 C Al <eypyWMneX.ay ww lam * I o 0 c,c. ._. p 0- L ` PALM DESERT RESIDENTS BUSINESSES CAIIFIABIA HOUSING ELEMENT Page 1 of 2 Item 3A-306 Thanks, Eric Ceja Deputy Director of Development Services Ph:760.346.0611 Direct:760.776.6384 gLceja L2Mfnalmdesert.org KO had 9226Q2578 www.citvofoalmdesert.ora / V e Install the Palm Desert In Touch app to stay in touch with your community IAnrlrniilAnnI. AAnkilc \Alnh Page 2 of 2 Item 3A-307 RESOLUTION NO. 2022-20 CIIV 0f P H [ M 0 1 S [ R I 73-51D FRED WARIN(7 DRIvE PALM DESERT, CALIFORNIA 9226o-2578 TEL: 760 346-o6ii i nfo@ c i t ynfpa 1 mAesert. o rg December 6, 2021 ROMAN CATHOLIC BISHOP OF SAN BERNADINO 1201 E HIGHLAND AVE SAN BERNARDINO, CA 92404 SUBJECT: APN 627041013 HOUSING ELEMENT INVENTORY On October 29, 2021, you were sent notification of a public hearing scheduled on December 7, 2021. This hearing was intended to provide property owners an opportunity to comment on the Palm Desert Housing Element update for the 61h Cycle 2021-2029 planning period. That public hearing was been re -scheduled to January 18, 2022. Future public meeting information can be found by visiting the City of Palm Desert website at the link below. htto Hwww.citvofoalmdesert.oroLgy - city/departments/planning/general-nian/housina-element,. In the event you have questions regarding the Housing Element inventory program or this rescheduling notice, please contact Eric Ceja, Deputy Director of Development Services at ( 760) 346-0611 or via email at eceia@citvofpalmdesert.oro. Best Regards, CEJA DEPUTY DIRECTOR DEVELOPMENT SERVICES Item 3A-308 RESOLUTION NO. 2022-20 CIIY 01 PRIM 0[S[RI 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA g2260-2578 TEL: 760 346-o6i i infoC cityofpalmdesert.org December 6, 2021 ROMAN CATHOLIC BISHOP OF SAN BERNADINO 1201 E HIGHLAND AVE SAN BERNARDINO, CA 92404 SUBJECT: APN 627041032 HOUSING ELEMENT INVENTORY On October 29, 2021, you were sent notification of a public hearing scheduled on December 7, 2021, This hearing was intended to provide property owners an opportunity to comment on the Palm Desert Housing Element update for the 61h Cycle 2021-2029 planning period. That public hearing was been re -scheduled to January 18, 2022. Future public meeting information can be found by visiting the City of Palm Desert website at the link below. httos://www.citvofr)almdesert.oro/our- g&ldeoartments/alann ina/gene ral-ola n/hou sin a -element. In the event you have questions regarding the Housing Element inventory program or this rescheduling notice, please contact Eric Ceja, Deputy Director of Development Services at (760) 346-0611 or via email at eceiadcitvofoalmdesert.ora. Best Regards, r--10 E CEJA DEPUTY DIRECTOR DEVELOPMENT SERVICES Item 3A-309 RESOLUTION NO. 2022-20 L' CIIV 01 P 0 1 M 73-510 FRED WARING DRIvE PALM DESERT, CALIFORNIA g2260-25 78 TEL: 760 346-o6ri info@cityofpalmdesert.org December 6, 2021 FREEWAY LANES 9777 WILSHIRE BLV STE 900 BEVERLY HILLS, CA 90212 SUBJECT: APN 694510013 HOUSING ELEMENT INVENTORY On October 29, 2021, you were sent notification of a public hearing scheduled on December 7, 2021, This hearing was intended to provide property owners an opportunity to comment on the Palm Desert Housing Element update for the 61h Cycle 2021-2029 planning period. That public hearing was been re -scheduled to January 18, 2022. Future public meeting information can be found by visiting the City of Palm Desert website at the link below. CDs://www.citvofr)almdese rt.ora/ou r- city/departments/olannina/aeneral-Dian/housina-element. In the event you have questions regarding the Housing Element inventory program or this rescheduling notice, please contact Eric Ceja, Deputy Director of Development Services at (760) 346-0611 or via email at eceia0citvofoalmdesert.ora. Best Regards, 10r1CCEJA PUTYDEPUTY RECTOR DEVELOPMENT SERVICES 01 Item 3A-310 RESOLUTION NO. 2022-20 IIIY 01 P H I M 01S[RI 73-5io FRED WARING DRIVE PALM DESERT, CALIFORNIA g2260-2578 TEL: 760 346—o6iE info@cityofpalmdesert.org December 6, 2021 UHC 00357 PALM DESERT DEVELOPMENT LLC 2000 E 4TH ST STE 205 SANTA ANA, CA 92705 SUBJECT: APN 694130017 HOUSING ELEMENT INVENTORY On October 29, 2021, you were sent notification of a public hearing scheduled on December 7, 2021, This hearing was intended to provide property owners an opportunity to comment on the Palm Desert Housing Element update for the 611' Cycle 2021-2029 planning period. That public hearing was been re -scheduled to January 18, 2022. Future public meeting information can be found by visiting the City of Palm Desert website at the link below. https://www.citvofnal mdesert.o ra/ou r- city/departments/olannina/aeneral-elan/housina-element. In the event you have questions regarding the Housing Element inventory program or this rescheduling notice, please contact Eric Ceja, Deputy Director of Development Services at (760) 346-0611 or via email at eceia Q citvofoalmdese rt. oro. Best Regards, ERIC CEJA DEPUTY DIRECTOR DEVELOPMENT SERVICES j Item 3A-311 RESOLUTION NO. 2022-20 IIIY OF P0IM 0 1 S I R I 73-51D FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346—o6ii Info@dtyofpalmdeserLorg December 6, 2021 UHC 00357 PALM DESERT DEVELOPMENT LLC 2000 E 4TH ST STE 205 SANTA ANA, CA 92705 SUBJECT: APN 694130018 HOUSING ELEMENT INVENTORY On October 29, 2021, you were sent notification of a public hearing scheduled on December 7, 2021. This hearing was intended to provide property owners an opportunity to comment on the Palm Desert Housing Element update for the 61h Cycle 2021-2029 planning period. That public hearing was been re -scheduled to January 18, 2022. Future public meeting information can be found by visiting the City of Palm Desert website at the link below. JW Ds://www.citvof Dalmdesert.ora/ou r- city/deDartments/Dlannina/aeneral-Dian/housing-element. In the event you have questions regarding the Housing Element inventory program or this rescheduling notice, please contact Eric Ceja, Deputy Director of Development Services at (760) 346-0611 or via email at eceja @ citvofgalmdesert.oro. Best Regards, ERIC CEJA DEPUTY DIRECTOR DEVELOPMENT SERVICES Item 3A-312 RESOLUTION NO. 2022-20 IIIY Of P 0 1 M 73-510 FRED WARIN(; DRIVE PALM DESERT, CALI FOR NIA 9z260-2578 TEL: 760 346—o6ii info@ ciryofDalmdeserl org December 6, 2021 SURVIVORS TRUST UNDER THE SHAH FAMILY TRUST 40530 MORNINGSTAR RD RANCHO MIRAGE, CA 92270 SUBJECT: APN 627041029 HOUSING ELEMENT INVENTORY On October 29, 2021, you were sent notification of a public hearing scheduled on December 7, 2021. This hearing was intended to provide property owners an opportunity to comment on the Palm Desert Housing Element update for the 61h Cycle 2021-2029 planning period. That public hearing was been re -scheduled to January 18, 2022. Future public meeting information can be found by visiting the City of Palm Desert website at the link below. httr)s://www.citvofr)a lmdese rt. oro/ou r- city/departments/planning/aeneral-olan/housina-element. In the event you have questions regarding the Housing Element inventory program or this rescheduling notice, please contact Eric Ceja, Deputy Director of Development Services at (760) 346-0611 or via email at eceiaCcitvofoalmdesert.oro. Best Regards, 4CEJA DEPUTY DIRECTOR DEVELOPMENT SERVICES L_. I Item 3A-313 RESOLUTION NO. 2022-20 I I I Y 01 P 0 1 M 0 1 S I R I 7 3 —5 10 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL:760 346—o6ii info@dtyofpalmdese rt-org December 6, 2021 SURVIVORS TRUST UNDER THE SHAH FAMILY TRUST 40530 MORNINGSTAR RD RANCHO MIRAGE. CA 92270 SUBJECT: APN 627041031 HOUSING ELEMENT INVENTORY On October 29, 2021, you were sent notification of a public hearing scheduled on December 7, 2021. This hearing was intended to provide property owners an opportunity to comment on the Palm Desert Housing Element update for the 61h Cycle 2021-2029 planning period. That public hearing was been re -scheduled to January 18, 2022. Future public meeting information can be found by visiting the City of Palm Desert website at the link below. httos://www.Citvofoalmdesert.o ro/ou r- city/denartments/nlann ina/aeneral-elan/housing-element. In the event you have questions regarding the Housing Element inventory program or this rescheduling notice, please contact Eric Ceja, Deputy Director of Development Services at ( 760) 346-0611 or via email at eceia @ citvofoalmdesert.ora. Best Regards, E CEJA DEPUTY DIRECTOR DEVELOPMENT SERVICES 01- Item 3A-314 RESOLUTION NO. 2022-20 CITY 01 P 0 [ M 0 1 S I N 1 73-510 PRED WAR]NC, DRIVE ' PALM DESERT, CALIFORNIA 9ZZ60-1578 TEL: 760 346—o6>i i i n fo@d tya fpa1 m dcscrt. org December 6, 2021 ROMAN CATHOLIC BISHOP OF SAN BERNADINO 1201 E HIGHLAND AVE SAN BERNARDINO, CA 92404 SUBJECT: APN 627041033 HOUSING ELEMENT INVENTORY On October 29, 2021, you were sent notification of a public hearing scheduled on December 7, 2021. This hearing was intended to provide property owners an opportunity to comment on the Palm Desert Housing Element update for the 61h Cycle 2021-2029 planning period. ' That public hearing was been re -scheduled to January 18, 2022. Future public meeting information can be found by visiting the City of Palm Desert website at the link below. httos://www.citvofoalmdesert. oro/ou r- citv/departments/olann ina/aene ral-plan/housi na-element. In the event you have questions regarding the Housing Element inventory program or this rescheduling notice, please contact Eric Ceja, Deputy Director of Development Services at (760) 346-0611 or via email at eceia @ citvofoalmdesert.ora. Best Regards, CEJA V DEPUTY DIRECTOR DEVELOPMENT SERVICES Item 3A-315 RESOLUTION NO. 2022-20 CIIV 01 P H [ M 0 [ i [ R I 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 9z260-2578 TEL: 760 346—o6i i info @ cit yofpa I mdese rt. ofg December 6, 2021 SURVIVORS TRUST UNDER THE SHAH FAMILY TRUST 40530 MORNINGSTAR RD RANCHO MIRAGE, CA 92270 SUBJECT: APN 627041011 HOUSING ELEMENT INVENTORY On October 29, 2021, you were sent notification of a public hearing scheduled on December 7, 2021. This hearing was intended to provide property owners an opportunity to comment on the Palm Desert Housing Element update for the 61h Cycle 2021-2029 planning period. That public hearing was been re -scheduled to January 18, 2022. Future public meeting information can be found by visiting the City of Palm Desert website at the link below. httos://www.citvc fr)a lmdesert.oro(our_ city/dena rtments/nlanninn/general-plan/housino-element. In the event you have questions regarding the Housing Element inventory program or this rescheduling notice, please contact Eric Ceja, Deputy Director of Development Services at (760) 346-0611 or via email at eceia 0citvofpalmdesert.oro,. Best Regards, C CEJA DEPUTY DIRECTOR DEVELOPMENT SERVICES 1 Item 3A-316 RESOLUTION NO. 2022-20 CIIY Of PRIM 0 1 S I R I 73-51G FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346- o6i I info@cityofpalmdesert.org December 6, 2021 SURVIVORS TRUST UNDER THE SHAH FAMILY TRUST 40530 MORNINGSTAR RD RANCHO MIRAGE, CA 92270 SUBJECT: APN 627041012 HOUSING ELEMENT INVENTORY On October 29, 2021, you were sent notification of a public hearing scheduled on December 7, 2021. This hearing was intended to provide property owners an opportunity to comment on the Palm Desert Housing Element update for the 61h Cycle 2021-2029 planning period. That public hearing was been re -scheduled to January 18, 2022. Future public meeting information can be found by visiting the City of Palm Desert website at the link below. httns://www.citvofnalmdesert. oro/our- city1d oartments/nlannina/ general-plan/housina-element. In the event you have questions regarding the Housing Element inventory program or this rescheduling notice, please contact Eric Ceja, Deputy Director of Development Services at (760) 346-0611 or via email at eceia@ citvofnalmdesert.ora. Best Regards, E CEJA DEPUTY DIRECTOR DEVELOPMENT SERVICES I Item 3A-317 RESOLUTION NO. 2022-20 IIIY 01 P0IM 0 [ S I P I 73-5 i D FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL:760 346-o6ii i nfo@ e i t yo fp a l m d es e r t. o rg December 6, 2021 COACHELLA VALLEY WATER DEPARTMENT COACHELLA, CA 92236 SUBJECT: APN 694520013 HOUSING ELEMENT INVENTORY On October 29, 2021, you were sent notification of a public hearing scheduled on December 7, 2021. This hearing was intended to provide property owners an opportunity to comment on the Palm Desert Housing Element update for the 61h Cycle 2021-2029 planning period. That public hearing was been re -scheduled to January 18, 2022. Future public meeting information can be found by visiting the City of Palm Desert website at the link below. httos://www.CitvofDalmdesert. ora/ou r- ci d nartments/nlannina/aeneral-plan/housina-element. In the event you have questions regarding the Housing Element inventory program or this rescheduling notice, please contact Eric Ceja, Deputy Director of Development Services at (760) 346-0611 or via email at eceja@citvofnalmdesert.oro. Best Regards, 3"O RIC CEJA DEPUTY DIRECTOR DEVELOPMENT SERVICES 0 Item 3A-318 RESOLUTION NO. 2022-20 I I I y OF P0IM DESERT 73-510 FRED WARINp DRIvF ' PALM DESERT, CALIFORNIA g226o-2578 TEL: 76o 346—o6i E infoOd ryofpal mdese rL org December 6, 2021 WNRA PALM DESERT 103 8 EXECUTIVE CIR IRVINE, CA 92614 SUBJECT: APN 694520019 HOUSING ELEMENT INVENTORY On October 29, 2021, you were sent notification of a public hearing scheduled on December 7, 2021. This hearing was intended to provide property owners an opportunity to comment on the Palm Desert Housing Element update for the 61h Cycle 2021-2029 planning period. ' That public hearing was been re -scheduled to January 18, 2022. Future public meeting information can be found by visiting the City of Palm Desert website at the link below. httos://www.citvofoalmdesert.orn/ou r- 2dy,&oartmentS/DIan n ina/aeneral-Dian/ho usina -element. In the event you have questions regarding the Housing Element inventory program or this rescheduling notice, please contact Eric Ceja, Deputy Director of Development Services at (760) 346-0611 or via email at eceia Q citvofoalmdese rt.ora. Best Regards, IC CEJA DEPUTY DIRECTOR DEVELOPMENT SERVICES Item 3A-319 RESOLUTION NO. 2022-20 CITY Of P H L M 0 1 S I R I 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA g2260-2578 TEL: 76o 346—O6EE Info@ dtyofp.Imdcse,t.otg December 6, 2021 COACHELLA VALLEY WATER DEPARTMENT P O BOX 1058 COACHELLA, CA 92236 SUBJECT: APN 694520014 HOUSING ELEMENT INVENTORY On October 29, 2021, you were sent notification of a public hearing scheduled on December 7, 2021. This hearing was intended to provide property owners an opportunity to comment on the Palm Desert Housing Element update for the 61h Cycle 2021-2029 planning period. That public hearing was been re -scheduled to January 18, 2022. Future public meeting information can be found by visiting the City of Palm Desert website at the link below. httDs://www.CitvofDalmdesert.ora/ou r- ci /departments/olannina/aeneral-r)lan/housing-element. In the event you have questions regarding the Housing Element inventory program or this rescheduling notice, please contact Eric Ceja, Deputy Director of Development Services at (760) 346-0611 or via email at eceiaQcitvofpalmdesert.ora. Best Regards, CEJA DEPUTY DIRECTOR DEVELOPMENT SERVICES 1 Item 3A-320 RESOLUTION NO. 2022-20 CITY OF P H L M 015[PI 73-5 Io FRED WARING DRIVE ' PALM DESERT, CALIFORNIA g2260-2578 TEL: 760 346—o6Ei info@cityofpalmdesert.org December 6, 2021 WNRA PALM DESERT 103 8 EXECUTIVE CIR IRVINE, CA 92614 SUBJECT: APN 694520020 HOUSING ELEMENT INVENTORY On October 29, 2021, you were sent notification of a public hearing scheduled on December 7, 2021. This hearing was intended to provide property owners an opportunity to comment on the Palm Desert Housing Element update for the 611 Cycle 2021-2029 planning period. ' That public hearing was been re -scheduled to January 18, 2022. Future public meeting information can be found by visiting the City of Palm Desert website at the link below. httns://www.citvofoalmdesert.ora/ou r- city/deoartments/Diann ina/gene ral-plan/housin a -element. In the event you have questions regarding the Housing Element inventory program or this rescheduling notice, please contact Eric Ceja, Deputy Director of Development Services at (760) 346-0611 or via email at eceia @ citvof Dal mdesert.oro. Best Regards, 2 ER EJA v V DEPUTY DIRECTOR DEVELOPMENT SERVICES Item 3A-321 RESOLUTION NO. 2022-20 CITY 0r P 0 1 M 0 [ S I P T 73-510 FRFD WARING DRIVE. PALM DESERT, CALIFORNIA 9zz6o-2578 TEL: 760 346—o6ix info@ cityofpa I mdeser t. org December 6, 2021 PALM DESERT UNIVERSITY GATEWAY 38 S CLANCY LN RANCHO MIRAGE, CA 92270 SUBJECT: APN 694190087 HOUSING ELEMENT INVENTORY On October 29, 2021, you were sent notification of a public hearing scheduled on December 7, 2021. This hearing was intended to provide property owners an opportunity to comment on the Palm Desert Housing Element update for the 61h Cycle 2021-2029 planning period. That public hearing was been re -scheduled to January 18, 2022. Future public meeting information can be found by visiting the City of Palm Desert website at the link below. httos://www.citvofoalmdese rt.oro/ou r- city/departments/olannina/general-plan/hous ina-element,. In the event you have questions regarding the Housing Element inventory program or this rescheduling notice, please contact Eric Ceja, Deputy Director of Development Services at ( 760) 346-0611 or via email at eceia @ citvofoalmdese rt. ora. Best Regards, CMj RIC CEJA DEPUTY DIRECTOR DEVELOPMENT SERVICES Item 3A-322 RESOLUTION NO. 2022-20 CITY Uf P 0 1 M 01S[RI 73-510 FRE WARING DRIVE. PALM DES ER I', CALI FOR NIA g2260-2578 TEL: 760 346-o6u info@cit yofpal and exert. org December 6, 2021 FIRST ST FINANCIAL CENTER 2331 W LINCOLN AVE ANAHEIM, CA 92801 SUBJECT: APN 685010005 HOUSING ELEMENT INVENTORY On October 29, 2021, you were sent notification of a public hearing scheduled on December 7, 2021. This hearing was intended to provide property owners an opportunity to comment on the Palm Desert Housing Element update for the 6" I Cycle 2021-2029 planning period. That public hearing was been re -scheduled to January 18, 2022. Future public meeting information can be found by visiting the City of Palm Desert website at the link below. httns://www.Citvof Dalmdesert. ora/ou r- city/departments/nlannina/aeneral-plan/housina-ele . In the event you have questions regarding the Housing Element inventory program or this rescheduling notice, please contact Eric Ceja, Deputy Director of Development Services at (760) 346-0611 or via email at eceia Cad citvofpalmdPsert.ora. Best Regards, ERIC CEJA DEPUTY DIRECTOR DEVELOPMENT SERVICES 0 11 Item 3A-323 RESOLUTION NO. 2022-20 CITY Of P 0 1 M 0 1 S E R I 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL:u 760 346- o6 nfoiehyofp.Imdesemors December 6, 2021 SURVIVORS TRUST UNDER THE SHAH FAMILY TRUST 40530 MORNINGSTAR RD RANCHO MIRAGE, CA 92270 SUBJECT: APN 627041010 HOUSING ELEMENT INVENTORY On October 29, 2021, you were sent notification of a public hearing scheduled on December 7, 2021. This hearing was intended to provide property owners an opportunity to comment on the Palm Desert Housing Element update for the 61" Cycle 2021-2029 planning period. That public hearing was been re -scheduled to January 18, 2022. Future public meeting information can be found by visiting the City of Palm Desert website at the link below. httos://www.citvof r) almdese rt.oro/ou r- city/departments/alannina/aeneral- clan/housing-element. In the event you have questions regarding the Housing Element inventory program or this rescheduling notice, please contact Eric Ceja, Deputy Director of Development Services at (760) 346-0611 or via email at eceia ®citvofoalmdesert.ora. Best Regards, ERIC CEJA DEPUTY DIRECTOR DEVELOPMENT SERVICES n Item 3A-324 RESOLUTION NO. 2022-20 CITY 0[ P 0 1 M 0 1 S I R T 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA g2260-2578 TEL: 760 346—o6ii info@cityafpatt desert.org December 6, 2021 BRAVO GARDEN APARTMENTS 72877 DINAH SHORE DR STE 103 RANCHO MIRAGE, CA 92270 SUBJECT: APN 624040037 HOUSING EI FMFNT INVENTORY On October 29, 2021, you were sent notification of a public hearing scheduled on December 7, 2021. This hearing was intended to provide property owners an opportunity to comment on the Palm Desert Housing Element update for the 6th Cycle 2021-2029 planning period. That public hearing was been re -scheduled to January 18, 2022. Future public meeting information can be found by visiting the City of Palm Desert website at the link below. httDS://www.citvofoalmdesert.oralour- gb/clenartments/o Ian nino/aeneral-Dlan/housina-element. In the event you have questions regarding the Housing Element inventory program or this rescheduling notice, please contact Eric Ceja, Deputy Director of Development Services at (760) 346-0611 or via email at Ppaia.0 ritvofoalmdesert.ora, Best Regards, CIIt E CEJA DEPUTY DIRECTOR DEVELOPMENT SERVICES E r Item 3A-325 RESOLUTION NO. 2022-20 CHAPTER 8: SAFETY Overview The City of Palm Desert strives to maintain a high level of safety and to respect the natural setting of the community, while meeting the needs of residents, a thriving economy, and critical government functions. This element identifies priority public safety issues in Palm Desert and addresses potential hazards to people and property. Issues in this element include both natural and human -caused hazards. Goals, policies and actions in the Safety Element seek to enhance the safety of the community and foster long-term resilience to potential hazards. Statutory Requirements I California law (Government Code Section 65302(a)) requires that a city's general plan include: a safety element for the protection of the community from any unreasonable risks associated with the effects of seismically induced surface rupture, ground shaking, ground failure, tsunami, seiche, and dam failure; slope instability leading to mudslides and landslides; subsidence... and other geologic hazards known to the legislative body; flooding; and wildland and urban fires. The safety element shall include mapping of known seismic and other geologic hazards. It shall also address evacuation routes ...peak load water supply requirements, and minimum road widths and clearances around structures, as those items relate to identified fire and geologic hazards." As required by state law, the Safety Element identifies forces of nature and events resulting from human action that have the potential to cause harm to life and property in the city. Identifying the source of such threats allows decision -makers to take preemptory action to minimize the damage, particularly as it relates to new development projects. In addition to State -mandated components, the Safety Element builds on the previous General Plan to emphasize the importance of police services and personal safety. This element presents existing conditions relative to public safety in Palm Desert and is organized to address the following six priority safety issues required by state law and identified by the City's (2017) Local Hazard Mitigation Plan: Seismic and geologic hazards Flooding Extreme weather Fire Palm Desert is known for high quality emergency services GENERAL PLAN 1 109 Item 3A-326 RESOLUTION NO. 2022-20 CHAPTER 8: GENERAL PLAN Protecting community well-being and health remains a high priorityfor Palm Emergency preparedness Human - caused and other hazards The Safety Element is consistent with and supports the other General Plan elements. The elements of the General Plan that most closely correlate to the Safety Element are the Land Use and Community Character Element, Public Utilities Element, Mobility Element, Housing Element, and Environmental Resources Element. While the Safety Element has a less direct relationship with the remaining General Plan elements, each element is important and collectively supports a comprehensive framework for Palm Desert's future. Context The Safety Element addresses a broad range of issues and hazards that affect the community and residents of Palm Desert. Hazards and strategies from the Local Hazard Mitigation Plan (LHMP)', Multi -Jurisdictional Hazard Mitigation Plan MJHMP) z, Riverside County Unit Fire Plan, and Emergency Operations Plan (EOP) provide a foundation for policy development in this element. The Safety Element also reflects technical information on the extent and scope of hazards, as described in the City of Palm Desert Existing Conditions Report (2015). Relevant sections in the report include Section 7 (Geology and Soils), Section 8 (Hazards and Hazardous Materials), Section 9 (Hydrology and Water Quality), and Section 15 (Public Services, Utilities, and Recreation). These sections provide technical information on hazards, in addition to context regarding the local, state and federal regulatory framework. Desert Related Plans The Safety Element supports and integrates several key plans that identify the City's ' approach to assess and reduce risks from hazards. In addition to local plans and ordinances, several state and federal policies and programs shape the City's approach to hazard mitigation. Two key local plans present programs and implementation strategies to assess and respond to hazards. The Local Hazard Mitigation Plan (LHMP) analyzes potential hazards in Palm Desert. Included in the LHMP is a comprehensive risk assessment that meets the requirements of the Disaster Mitigation Act (DMA) of 2000. The DMA requires local governments to prepare plans that identify hazards and risks in a community and to create appropriate mitigation. Additionally, the City maintains an Emergency Operations Plan (EOP) as a framework for implementation of the California Standardized Emergency Management System (SEMS) and the National Incident Management System (NIMS). The EOP facilitates multi -agency and multi - jurisdictional coordination for emergency operations across the region and state. The City of Palm Desert is also a participant in the Riverside County Operational Area Multi - Jurisdictional Local Hazard Mitigation Plan (LHMP) (Riverside County 2018). The County LHMP identifies the hazards, reviews and assesses past disaster occurrences, estimates the probability of future occurrences, and sets goals to 12017 Local Hazard Mitigation Plan, prepared by Eric Cadden, City of Palm Desert, 5/ 1/2017 https://www.cityofpalmdesert.org/our-city/departments/risk- management/ emergency-services-/disaster-preparedness/local-hazard-mitigation- , plan z County of Riverside Multi -Jurisdictional Local Hazard Mitigation Plan, July 2018 https:// www.eivcoemd.org/LHMP 110 1 CITY OF PALM DESERT Item 3A-327 RESOLUTION NO. 2022-20 CHAPTER 8: SAFETY mitigate, reduce or eliminate long-term risk to people and property from natural and man-made hazards in the county and participating jurisdictions, including Palm Desert. As a contract city that receives fire services from Riverside County, which contracts with the California Department of Forestry and Fire Protection (Cal FIRE). The City's fire response and preparedness planning is contained in the Riverside County Fire Department Strategic Plan' prepared by the County and Cal FIRE. This plan outlines the activities necessary to reduce total government costs and citizen losses from wildland fires. A key component of this protection of assets at risk through focused pre -fire management prescriptions and increasing Initial attack success. In addition, the City has adopted the California Fire Code with some adoptions within Chapter 15.264 of the Palm Desert Municipal Code. The adoptions within this Chapter are associated with local climatic, geologic, and topographical conditions within the City. Natural Hazards Seismic and Geologic Hazards Palm Desert is in a region bordered by mountain ranges on three sides. According to the state mapping of fault zones, pursuant to the Alquist-Priolo Earthquake Fault Zoning Act of 1972 (Public Resources Code Sections 2621-2630), the city and the sphere of influence (SOI) are not located in an active fault zone. Nonetheless, the area is bordered by three active faults. The closest fault to the community is the San Andreas Fault, located approximately four miles to the north. Other nearby faults include the San Jacinto Fault, located approximately 10 miles to the southwest, and the Elsinore Fault, located approximately 30 miles to the southwest. Figure 8.1 presents fault lines near Palm Desert and the sphere of influence. Fault rupture is a primary seismic hazard that describes the sudden release of energy which results from the sliding of one part of the earth's crust past another. An earthquake, or ground shaking, is another type of primary seismic hazard. Thousands of earthquakes occur frequently in Southern California each year, although most do not cause significant damage or affect communities. The most recent earthquake in the Coachella Valley occurred on October 16,1999, and registered as a magnitude M) of 7.1. Relatively negligible damage was reported from the earthquake because of the epicenter's remote location. Six major seismic events (magnitude 5.9 or greater) have been recorded in the Coachella Valley region in the past 100 years, with none occurring in Palm Desert (SCEC 2014). The son Andreas Fault located in close Terrain and steep slopes within Palm Although no active faults run through the community, Palm Desert's soils and Desert geologic characteristics result in other potential secondary seismic hazards. Due to a combination of steep slopes, unstable terrain, and proximity to earthquake faults, the southwestern portions of the city and the SOI are susceptible to landslide risks ranging from moderate to very high. Areas susceptible to landslide are shown in Figure 8.2. Susceptible areas include those identified in the Land Use and Community a California Department of Forestry and Fire Protection, Riverside County Fire Department Strategic Plan 2009-2029, http://rvcfire.org/stationsAndFunctions/AdminSppt/StrategicPlanning/Documents/St rategicP1an2009.pdf 4 Palm Desert Municipal Code, http://www.gcode. us/codes/pa lmdesert/view. ph p?topic=0&frames=off GENERAL PLAN 1 111 Item 3A-328 RESOLUTION NO. 2022-20 CHAPTER 8: GENERAL PLAN Character Element for development of new buildings and structures. As of 2015, no recent landslides had been reported in Palm Desert or the SOL Local soil and fault characteristics also result in the potential for liquefaction. Liquefaction is the loss of soil strength caused by a sudden increase in pore water pressure during shaking and is one of the most destructive secondary effects of seismic shaking. The California Geological Survey does not identify liquefaction - susceptible areas for Palm Desert._ However, the Riverside County Land Information System (Riverside County 2014) identifies that the majority of the city and the entire northern portion of the SO] are susceptible to moderate liquefaction potential. 112 1 CITY OF PALM DESERT Item 3A-329 RESOLUTION NO. 2022-20 CHAPTER 8: SAFETY Tbous3na PaAmo n Ccacheue Valk, P eeerve a a a C..Mf Legend j ._..i car Boundary t J Palm DesertSOl Alquist- Priolo Fault Zone Fault Type Accurate Approximate Concealed Source^.. CR Gedoeral Survry lXlfll. GY of PabR ooaeR 1pll), arverktla Gaunry (A11) GENERAL PLAN 1 113 Item 3A-330 RESOLUTION NO. 2022-20 CHAPTER 8: GENERAL PLAN t a` 54.^t I x a C.chelis Vero, Preserve Yrn y i i j!j egend I..—.ACey Boundary 0 Palm Desert $OI et » V Landslide Susceptl601ry Low Moderate t Hgh Very Hlgh lit r , ": sowces en a r,m oe:en potq. anxsgz caMr tzm.l FNe.s,:ae .nfi Jai Yi^ r- 114 1 CITY OF PALM DESERT Item 3A-331 RESOLUTION NO. 2022-20 CHAPTER 8: SAFETY Wind Erosion Erosion is a normal geologic process whereby earth materials are loosened, worn away, decomposed, or dissolved and are removed from one place and transported to another. The City of Palm Desert and the SOI face exposure to potential erosion hazards due to wind. The geologic orientation of the hills and mountain ranges throughout the community provide little resistance to air flow dawn the Coachella Valley, resulting in increased rates of erosion. For example, the narrow San Gorgonio Pass actually accelerates the wind speed and further increases erosion rates. Other factors in the community exacerbate the potential for wind-blown sand hazards. Local bedrock is characterized by granite and metamorphic rock types, which are easily transported by the wind. Wind-blown hazards also follow slope and floodplains. Due to sparse desert vegetation, little groundcover exists to hold materials in place (County of Riverside 2000). As shown in Figure 8.3, the greatest areas of potential wind-blown hazards are located alongside the sand dunes on Highway 1-10 and the Whitewater River. J GENERAL PLAN 1 115 Item 3A-332 RESOLUTION NO. 2022-20 CHAPTER 8: GENERAL PLAN Figure 8. 3 Wind Erasion Hazard a ,- i Thousand Pal:ne Coachella Valley Preserve iiversltla Ccantp a ryry ! a'.F 9nnba fl. 4. C nj+ymW p a Ms.xY Ln. w. Rancho 0.9rag La Qt pY9 Legend i Cdy Boundary f = Paim Desert SOI Wind Erodlbllity, Rating 1. Very High High Moderate Loa 6 acrt Dnv a Palm Dasal 2014I. Rnwsae OdIDN (2014) C F I LJ 7, 116 1 CITY OF PALM DESERT Item 3A-333 RESOLUTION NO. 2022-20 CHAPTER 8: SAFETY Flooding Flooding hazards in Palm Desert can result from stormwater flows and flash runoff from the Indio Hills and the foothills of the San Jacinto and San Bernardino Mountains. The threat of localized flash flooding is especially high during summer storms due to the high intensity acid shorter duration of rainfall. Palm Desert has a history of flood events. Recent regional occurrences include the Riverside County floods in 1998 that resulted in reported damage of over $12 million. Locally, smaller flood incidents have also occurred in Palm Desert. Previous local events in Palm Desert include flash floods that occurred in 1998, in addition to flooding from Tropical Storms Kathleen and Doreen in 1976 and 1977 that caused extensive flood damage throughout the city (Riverside County 2012, City of Palm Desert 2017). In 2015, the Palm Desert Country Club neighborhood in the City experienced temporary flooding from an isolated high wind/storm event, with damages mainly from high winds and falling trees. Nonetheless, reported damages from these flood events in Palm Desert are low and far less extensive than the reported damages from the countywide floods of 1998. Areas of Palm Desert and the S01 are subject to inundation from flooding. The Federal Emergency Management Agency's (FEMA's) Digital Flood Insurance Rate Map (2017) identifies the following flood hazard zones: Zone A/AE/AO-100-year floodplain, designating a 1 percent or greater chance of flooding in a given year, with base flood elevations undetermined, determined, or 1- 3 feet average depth and Zone X-500-year floodplain, designating a 0. 2 percent or greater chance of flooding in a given year; areas of average depths of less than 1 feet or with drainage areas less than 1 square miles; and areas protected by levees from 1 percent annual chance flood. North of Interstate 10, the majority of the northern portion of the SO] is within the 100- or 500-year flood zone. Additional 100- and 500-year flood zones are present throughout the southern City along the Whitewater River and its tributaries such as the Palm Valley System. The majority of the community south of the Whitewater River, however, are areas with reduced risk due to levee or not within any flood hazard zones. Figure 8.4 depicts the flood hazard zones in the City and SOL Existing development in the 100-year flood zones are mainly located between Interstate 10 and Washington Street in the northern SOL Part of the Palm Springs RV Resort and some commercial uses are located in the 100-year flood plain. There are existing residential and commercial development within the 500-year flood zones. The majority of Sun City Palm Desert, a retirement community in the northern SO], are located in the 500-year flood zone. Several commercial plazas and single-family residences near Highway ill in the western City are also located in the 500-year flood zone. Applications for development in Special Flood Hazard Areas (SFHAs) are subject to Palm Desert Municipal Code Title 28, Flood Damage Prevention. Title 28 defines 1 SFHAs as an area in the floodplain subject to a one percent or greater chance of flooding in any given year, which corresponds to Zone A/AE/AO in figure 8.4. This title requires an applicant to obtain a development permit before construction or other development begins in any area of special flood hazard. Chapter 28.10 sets GENERAL PLAN 1 117 Item 3A-334 RESOLUTION NO. 2022-20 CHAPTER 8: GENERAL PLAN provisions for flood hazard reduction, including standards of construction, for utilities, subdivisions, manufactured homes and recreational vehicles. While areas of community flood exposure are indicated by designated flood zones, other areas of Palm Desert are also susceptible to other types of localized flood risks. Stormwater runoff or the failure of infrastructure can result in additional flood events, both within and outside of designated flood zones. Stormwater drainage in Palm Desert is approaching the end of its useful life. Existing stormwater infrastructure throughout the Coachella Valley is more than 100 years old, requiring replacement to control groundwater levels and safely facilitate percolation of stormwater. As the community continues to urbanize, the need for improved stormwater infrastructure will increase. The possibility of dam failure poses additional potential flood hazards to Palm Desert. Although no dams or reservoirs are located in the community or SOI, the city is within the potential inundation area of the Wide Canyon Flood Control Dam. While the city is not expected to be impacted directly by a seiche, or wave, from the dam, Palm Desert is subject to potential flood hazards if the dam were to fail. Constructed in 1968 and located in Fun Valley, the dam has the potential to inundate not just Palm Desert but also other portions of the Coachella Valley. it 118 1 CITY OF PALM DESERT Item 3A-335 RESOLUTION NO. 2022-20 CHAPTER 8: SAFETY RA1hi\ FD y- k AC S tO," s o And 1 k, IT % 6fRAlD Fgkll BFt `- i 1 1 1 pmh FHAVK A AiRA UR y _i1 A / l1Y , HOVLEY LA JtNG>++i1 u 1 ly J FRE.rI,. nR Lf.4R. •-- — 1 11 4l y A1 a I 4 <aaA ff c1 2 3 PALM DESERT CITY LIMITS PALM DESERT Sol 1 { ag FEMA FLOOD HAZARD 1 ii14-----' I w Q ZONES i 1 1 w 3%Annual Cl. Flood 1 1 o j+I Heimd 0. 2%Annual Chance Florid a HnTard VA N 1 1 1 < ( RagWatay Floodwdy i i •' Future Codtlom 1%Annual 1 1 Chance Flood Hamrd I ; 05% Area mrh Reduced Ran, Dce to Levee 1 1 Zale A - No bM Rood tlNaliata detcnaned 1--_--- 1 i Zane AE- Babe flood ekvaftM dNmnwwd i I Zone AO- Road dealt of 1.3 ft avmape 1 1 Zane% - Meat of 0.2% angel dlarce of RRrtU qU wahdrainage armsM Nan tsRn 1 o*; and ar powted 0Y lee rmm 1% I F xmv r 1 annual Wnoa Rood. 1 •-...:. t, mbad4: rps+vpelmaa b'G 4eAee I I 1 Ca+ wq wta u4 m bW4 Mk¢ebd I PMESMOKE HU I11 . T--_....— .nn,.qp mes.mGa'Ipwlfv Aeiw.rwf r+a+ts 1 — an fnMVLm waA reaww.++ I 1 rerea Neuf Pb rvp AgM!fM.M CA9MTyj mLL»re I 1 1 r e}yevrcndem wWrwkb+EiT I['Ow%¢a`I019¢ I 1 'N M< Cm t6 Tra Lva LM II 1 M1YN+ M[I[..Mll ffy tiY,in4JeMtS etkCrt[C.IMYY+. 1 f( Kbl, MY2: 11. . ulM+fMw M,gea riT CMf b cumbarYuwmm nvR- Ct OtR f[ h d Vet rt4. 0 0. T6 iF 9 GENERAL PLAN 1 119 Item 3A-336 RESOLUTION NO. 2022-20 CHAPTER 8: GENERAL PLAN Fire Palm Desert and the SOI are exposed to fire -related hazards from two potential sources: wildfires and fires that occur in urban settings. Fire hazards are highest in areas of the community near the wildland-urban interface (WUI). The WUI refers to areas where development abuts areas of wilderness or landscapes with higher fuel loads. Although Palm Desert does not have record of any reported fire incidents, the Riverside County LHMP indicates that from 2001 to 2017, at least 88 large fires (300 acres or greater in size) were reported in the county. Figure 8-5 presents the fire hazard severity zones in the City of Palm Desert and SOL The California Department of Forestry and Fire Protection (Cal Fire) classified fire hazard severity zones based on fuel load, terrain, weather, and other relevant factors. The mapping also involved an extensive local review process, including by the Riverside County Fire Department based on an assessment of vegetation, slope, fire history, weather patterns, and the effects of flames, heat and flying fire embers. Collectively, areas designated in the fire hazard severity zones on Figure 8.5 face the highest risk of wildfires. Areas of local and state responsibility in these fire hazard severity zones are shown in Figure 8.5. All areas of the community in Very High Fire Hazard Severity Zone (VHFHSZ) and High Fire Hazard Severity Zone (HFHSZ) are located in the southern areas of the city and the SOI, with very limited VHFHSZ and HFHSZ'in SRAs along the city's urban edge (Cal Fire 2020). Within the city limits, the VHFHSZ overlaps minimally with some single-family residences on Canyon View Drive and Desert Vista Drive; however, there is no developable land in the VHFHSZ as it ' contains marginal hillside area behind single family residences and does not have any development potential. The small area of HFHSZ within the city limits covers undeveloped desert land and an aboveground water tank and has no development potential. Currently, the main evacuation route in the area is via Canyon View Drive, which will lead to Portola Avenue and Highway 74. A secondary evacuation route Is available at the eastern end of Ridge View Way, via an access road along the eastern boundary of the Ironwood Country Club, to continue north or east into the roadway network. These areas that encroach into SRA/VHFHSZ within the city meet the minimum standard of two emergency evacuation routes as established in Government Code Section 65302.g. In the SOI, some single-family homes in Cahuilla Hills west of Highway 74 are located within the VHFHSZ, and some are limited to one local street leading to Highway 74 as an evacuation route. As urbanization expands south of Highway 111 in the southern portion of the Sol, the community will face heightened exposure to areas vulnerable to wildfire hazards. Increased infill and nonresidential development in the city can also increase the probability of urban fires due to increased potential for hazardous materials accidents, arson or other hazard events. Five federal agencies are responsible for wildland fire management—U.S. Forest Service, the Bureau of Indian Affairs, Bureau of Land Management, Fish and Wildlife Service, and National Park Service. Both state and local codes regulate the abatement of fire -related hazards. The California Health and Safety Code includes requirements for local. jurisdictions to adopt and enforce the Uniform Building Code, ' including fire -related construction methods and exterior design measures. Special standards apply to structures in the state's designated fire hazard severity zones. 120 1 CITY OF PALM DESERT Item 3A-337 RESOLUTION NO. 2022-20 CHAPTER 8: SAFETY California Government Code Section 51182 further requires maintenance of defensible space of 100 feet from each side of a structure. The City of Palm Desert has incorporated state requirements with adoption of the 2019 edition of the California Building Standards Code, including the California Fire Code by reference in Municipal Code Title 15, Building and Construction. The staters fire hazard severity zones shown in Figure 8.5 are incorporated and established in Palm Desert Municipal Code Section 15.2&010, supporting the City's ability to enforce state standards applicable to areas of higher risk. GENERAL PLAN 1 121 Item 3A-338 RESOLUTION NO. 2022-20 CHAPTER 8: GENERAL PLAN Figure 8. 5 Fire Hazard Severity Zones O PALN DESERT CITYUNITS PALM DESERT SDI State ResponAAW Area - Fire Hamrd Seventy Lone Class Moderate Hgh Very Mph Local ResporcMiky Area Fire Hazard Seventy Lune Clm V111 very High MINI0O131.5 J O O4YAH Sf qXF. OR Ca.e,nr. eab ll:tl tl3 d..ew ue Gwxe.:.bbtnmad ia.wr bm in Hobdwi IeAe1wE; b decry sena+vl' be MwM»wdy tmm.w9v LecYRmpwaaAly Na.aMµwOOWgMwew. N.+atl bmvmy aen nNamea«.,yxab.(vwnss).aa.reman bN meet. gmrwfaw em.aoeo reY wm e.umnrN ena wYYAma <gwAfarre egNaw. era ewaee bm wmmar..mq mvr aNwewnee aW mm.gwmbYm in (OVb fFidYarV wenea.)a UAan. O.W. mew wrywt.M.pwao eKMima e1g94bb0'tm CIbtM N:$yi'.e enf n n.•.o+.:n+nr.«+MMIxM. Nm. N:Y N..FmePRi Afw VtFF82 mrP..eb YANy'NxMiugin r+met99oa..nw m+trYa WmbdeerM,mbemw weroe eDPr4 LLumrneY na dle. b 4N a.Yab G gbgw mro0e. 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RAU 3 pj, ctRKo roPnIm caves sauiRA dt CC%MIAI SI(1 pR ID f=_ r f= t r i ?lTN AVE rt qR r WTN AVE 101 122 1 CITY OF PALM DESERT Item 3A-339 RESOLUTION NO. 2022-20 CHAPTER 8: SAFETY Extreme Heat The climate in Palm Desert is hot and arid. Exposure to extreme heat or extended periods of high temperatures results in a variety of health effects, including increased heat -related mortality (Chestnut et al. 1998; Medina -Ramon et al. 2006). Because of a changing climate, Palm Desert is anticipated to experience increasing levels of heat. By 2100, the Riverside County region is anticipated to experience an increase ranging from 4.3`F to 8.71 (Scripps Institution of Oceanography 2018). Similarly, Palm Desert is anticipated to experience an increase in the number of days when temperature exceeds 112.17, the local threshold for extreme heat. While Palm Desert's historic number of extreme heat days through 2011 was four occurrences per year, by 2050 the number of extreme heat days could increase to 56 per year, on an average of 21 to 25 (Scripps Institution of Oceanography 2009 & 2018). Increased heat, when combined with drought and high winds, can exacerbate wildfire risk In and around Palm Desert. Climate Change Impacts and Adaptation As described in Chapter 6 Environmental Resources and above, climate change can have widespread impacts at different levels on the community. Climate change impacts temperature, precipitation and other natural processes, thus potentially affecting natural hazards including wildfire, flood, and extreme weather. Similar to the state trend, the projections show little variation in total annual precipitation in Palm Desert throughout this century. Palm Desert had an average annual rainfall of 3.8 inches during 1961 to 1990, which is almost 79 percent less than the average in California. Average rainfall in Palm Desert is predicted to increase up to 0.1 inches, with a 0.051 inches to 0.099 inches increase in maximum one -day precipitation throughout the century. These projected changes in precipitation are not expected to have a significant impact on Palm Desert compared to the current conditions. However, the maximum length of dry spell (days with precipitation < 1 mm) is projected to increase by 8 to 13 days in mid-century (2035- 2064), which can further drought and related hazards including wildfire. Human -Caused and Other Hazards Hazardous Materials A hazardous material is any material that, due to its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released. Hazardous materials include, but are not limited to, hazardous substances, hazardous wastes, and any material that a business or local implementing agency has a reasonable basis to believe would be injurious to the health and safety of persons or would be harmful to the environment if released. While Palm Desert has nonresidential land uses, it has very few generators of hazardous or toxic materials. Potential uses associated with possible hazardous materials production may include commercial, quasi -industrial or medical operations. The city and SOI have one abandoned hazardous waste site that is designated by the US Environmental Protection Agency (EPA) as a Superfund site EPA 2014). The site, Enfield Chemical, is located at 77539 Enfield Court, just south of GENERAL PLAN 1123 Item 3A-340 RESOLUTION NO. 2022-20 CHAPTER 8: GENERAL PLAN 1-10 in Palm Desert. Although listed as a Superfund site, this site is not on the EPA National Priority List for cleanup, and only requires site cleanup and material removal. The potential for exposure to potentially hazardous materials in Palm Desert results primarily from the transport of hazardous materials. As of 2015, one registered transporter of hazardous materials is located in the community. In addition, major transportation corridors such as 1-10 may be used to transport hazardous materials; accidents could result in release of hazardous materials. Major natural gas transmission lines provide another potential source of hazardous materials exposure. As of 2012, transmission lines for natural gas run parallel approximately two miles north of 1-10 and transmission lines for hazardous liquid are located along the 1-10 corridor (PHMSA 2012). The City jointly participated with Riverside County and other jurisdictions to adopt the Riverside County Hazardous Waste Management Plan. The plan supports the safe management of hazardous materials and waste products with identification of types of wastes and programs to manage them. Airport Operations Hazards Hazards from airports can result from accidents during takeoff and landing. Airports can also pose issues associated with land use incompatibilities. Bermuda Dunes Airport is the closest airport to the city and is located within the SOL This privately owned public use airport encompasses over 90 acres. For the 12-month period ending April 30, 2014, the airport had approximately 27,000 aircraft flights at an average of 74 per day. ' Terrorism and Civil Disturbances Numerous targets and locations for potential terrorist and civil disturbances are present throughout California and Riverside County. Areas that may serve as targets include government facilities, schools, religious institutions, gathering places (for example, shopping centers, entertainment venues), medical clinics, utility infrastructure, transportation infrastructure, water storage facilities, locations of high -profile individuals, and financial institutions. Palm Desert contains potential target locations such as these and is regionally located near others. The Riverside County Emergency Management Office is actively involved with planning for terrorism and other human -caused events. Due to the sensitive nature of these threats, they are not addressed in extensive detail in this public document. Critical Facilities Critical facilities provide essential community functions that the City has prioritized as meriting additional attention for emergency preparation. These can include both public and private assets. Critical facilities identified in the City's LHMP include City Hall, local fire stations, the Sheriffs Station, the Palm Desert Corporation Yard, local schools, the waste water treatment plant, and the Joslyn Center. Emergency Preparedness and Coordination The City of Palm Desert actively prepares to safeguard the community from the , numerous potential hazards that could occur. The City undertakes several emergency preparedness activities, establishing procedures and responsibilities for 124 1 CITY OF PALM DESERT Item 3A-341 RESOLUTION NO. 2022-20 CHAPTER 8: SAFETY emergency response. Land use rules and service providers also play a role in achieving readiness for hazards and emergencies. Additionally, the City is supported by several other external entities to provide response services. Emergency Preparation The City of Palm Desert has established a framework for emergency preparation and response. Key preparation tasks and tools are outlined below, including an overview of roles identified in the EDP. Emergency Operations Center The City's Desert Emergency Operations Center (EOC) is the central management entity responsible for directing and coordinating the various City departments and other agencies in their emergency response activities. The EOC also serves as the physical location from which information and resources are coordinated. The City's Emergency Operations Plan establishes City Hall as the primary EOC, with an alternate center located at the City Corporation Yard. The EDP provides guidance for activation and deactivation of an Emergency Operations Center, including an action plan for the EOC in event of an emergency. Emergency Notification Program The City of Palm Desert is a member of Riverside County's Emergency Alert System EAS). The EAS is a statewide network of commercial broadcasting stations and interconnecting facilities authorized by the Federal Communications Commission FCC) to operate during national disasters or emergencies. The EAS provides immediate warnings for hazards such as flash floods, child abductions, or needs for evacuation. Emergency Services — Peak -Load Water Supplies The availability of water greatly affects the City's ability to effectively respond to any occurrences of fire. Water services in the Coachella Valley come from the Coachella Valley Water District (CVWD). The CVWD provides domestic water services to Palm Desert using wells to extract groundwater from the Whitewater River subbasin. The groundwater supply consists of a combination of natural runoff, inflows from adjacent basins, returns from, groundwater, recycled water, and imported water use. Drinking water is met primarily from groundwater sources, while irrigation water is supplied primarily from recycled wastewater and imported water. Annual demand for groundwater has exceeded the ability of the subbasin to recharge, resulting in overdraft conditions. The CVWD, recognizing the need for other sources of water to reduce demand on groundwater, initiated water reclamation in 1967 and currently operates six water reclamation plants (WRPs) in the valley. Recycled water from two of these facilities has served golf course and greenbelt irrigation in the Palm Desert area for many years, reducing demand on the groundwater basin. A third facility (WRP 7), located north of Indio, began providing recycled water for golf course and greenbelt irrigation in Palm Desert in 1997. The CVWD continues to expand recycled water services to golf courses and other nonpotable needs to reduce peak -load supply. Typically, demand is highest during summer months because of water needs for landscaping. Demand for recycled water exceeds the CVWD's current supply and would require additional infrastructure for recycled water connections. The district has plans to expand pipeline connections to the Mid -Valley Pipeline (MVP) recycled water system, with the potential to connect GENERAL PLAN 1125 Item 3A-342 RESOLUTION NO. 2022-20 CHAPTER 8: GENERAL PLAN at least 10 additional golf courses. Completion of the MVP project would further reduce demands on groundwater and enhance the City's ability to meet peak -load ' water supplies during an emergency. Emergency Access and Response Evacuation Routes Key evacuation routes in the city consist primarily of the north —south connections between Palm Desert and 1-10 and Highway 111, including Monterey Avenue, Portola Avenue (following the planned construction of the interchange), Cook Street, and Washington Street. Both Monterey Avenue and Washington Street provide all- weather bridges to the highways. Cook Street and Portola Avenue also provide connections across the Whitewater River. Coordination with Riverside County will be critical to support connections to unincorporated SOI areas. Areas of the S01 north of Interstate 10 have higher potential for isolation in case of a hazard. In the southern 501, areas along State Route 74 such as Royal Carrizo could face similar challenges of isolation in case of a hazardous event. A process to identify evacuation routes appropriate to given hazards is established in the City's EDP. City departments are responsible for development of department - specific Standard Operating Procedures and Response Plans with evacuation routes, with varied priorities based on hazard. Emergency Access — Roadway Widths To ensure the community is accessible to emergency response personnel, the City ' establishes minimum roadway widths and access requirements. Section 26.40.040 of the Palm Desert Municipal Code establishes minimum roadway widths for subdivision development. Minimum widths range from 24 to 106 feet, with standards that vary based on street parking characteristics. To date, roadway widths or parked vehicles have not hindered emergency response access. Emergency Services Agencies and Organizations The City's Risk Management Department coordinates and manages Palm Deserts emergency services and providers. The City's Risk Manager serves as the community's emergency manager. Fire protection, first response emergency medical services, and natural disaster preparedness services in Palm Desert are provided by the Riverside County Fire Department (RCFD), in cooperation with the California Department of Forestry and Fire Protection (Cal Fire). As of 2015, Palm Desert had a total Fire Department staffing of 44 positions. Emergency Dispatch Services Regional communications and dispatch services are provided by the RCFD, which serves approximately 1,360, 000 residents in an area spanning 7,200 square miles. RCFD is an all risk, full -service fire department with three fire stations located strategically throughout the City of Palm Desert to provide highly effective protection: Station 71 serving North Palm Desert at 73995 Country Club Drive, Station 33 serving Central Palm Desert at 44400 Town Center Way, and Station 67 serving South Palm Desert at 73200 Mesa View Drive. The city participates in a regional cooperative agreement and benefits from resources responding from other , nearby stations, ensuring that peak loads and major incidents are handled promptly. 126 1 CITY OF PALM DESERT Item 3A-343 RESOLUTION NO. 2022-20 CHAPTER 8: SAFETY In 2013, the RCFD responded to 133,536 total incidents and 8,172 calls for service in Palm Desert. The average en -route -to -on -scene response time was 3.6 minutes, with 86.2 percent of call response under 5 minutes. There are no service gaps in the city. All areas within the city, including those in SRAs/VHFHSZ, receive adequate emergency services. Flood Services Countywide, flood control services are provided by the Riverside County Flood Control and Water Conservation District. The district has the responsibility of protecting people, property and watersheds in the county from flood damage. District tasks include regulation of drainage and development in the floodplain, the construction of channels and flood facilities, and flood warning and early detection. Both the Coachella Valley Water District and the Riverside County Flood Control and Water Conservation District are responsible for the management of regional drainage within and in the vicinity of Palm Desert, including rivers, major streams and their tributaries, and areas of significant sheet flooding. The City participates in stormwater management related to the National Pollutant Discharge Elimination System (NPDES). For purposes of NPDES permits, the City serves as a co-permittee with the County of Riverside, CVWD, Riverside County Flood Control and Water Conservation District, and municipalities in the Whitewater River subbasin. Police Services The Riverside County Sheriffs Department provides contract services in Palm Desert and the SOI as the Palm Desert Police Department (PDPI)). Services include general law enforcement and police protection services. As of early 2015, the PDPD operated with 81 staff members. Regional Services and Coordination The City of Palm Desert participates in regional forums to monitor and coordinate emergency preparation tasks. The City participates in the Coachella Valley Emergency Managers Association, in addition to the Coachella Valley Association of Governments' (CVAG) Public Safety Group. Both forums provide an opportunity to identify and prepare regional evacuation routes and other key emergency response tasks. In coordination with the RCFD Office of Emergency Services, the City of Palm Desert also plans for extreme heat conditions. Together with the County, the City operates two local cooling stations during extreme heat occurrences: the Joslyn Center located at 73750 Catalina Way, and the Palm Desert Community Center located at 43900 San Pablo Avenue. These cooling centers offer a safe, air-conditioned space in times of extreme heat. GENERAL PLAN 1 127 Item 3A-344 RESOLUTION NO. 2022-20 CHAPTER 8: GENERAL PLAN Goals and Policies Goal 1. Leadership. City leadership that promotes collaboration within the region that sustains maximum resilience to emergencies and disasters. Policies 1.1 Hazards Information. Establish and maintain a database containing maps and other information that identifies and describes the community's hazards. 1.2 Local Hazard Mitigation Plan. Maintain and regularly update the City's Local Hazard Mitigation Plan (LHMP) as an integrated component of the General Plan, in coordination with Riverside County and other participating jurisdictions, to maintain eligibility for maximum grant funding. 1.3 Hazards Education. Consult with agencies and partners to provide public education materials on safe locations and evacuation routes in case of emergency or hazardous event. 1.4 Critical Facilities. Prepare existing critical facilities for resilience to hazards and develop new facilities outside of hazard -prone areas. 1.5 Emergency Plans and Processes. Consult with the Coachella Valley Emergency Managers Association and CVAG to maintain and update the City's Emergency Operations Plan, and maintain SEMS compliant disaster preparedness plans for evacuation and supply routes, communications networks, and critical facilities' capabilities. 1.6 Utility Reliability. Coordinate with providers and agencies including the CVWD and Southern California Edison for access to reliable utilities and water supply to minimize potential impacts of hazards and emergencies to pipelines and infrastructure. 1.7 Citizen Preparedness. Continue to promote citizen -based disaster preparedness and emergency response through Riverside County's Community Emergency Response Team CERT) training and certifications. 128 1 CITY OF PALM DESERT Item 3A-345 RESOLUTION NO. 2022-20 CHAPTER 8: SAFETY Goal 2. Geologic hazards. A built environment that minimizes risks from seismic and geologic hazards, including hazards due to wind erosion. Policies 2.1 Seismic Standards. Consider exceeding minimum seismic safety standards for critical facilities that ensure building function and support continuity of critical services and emergency response after a seismic event. 2.2 Structural Stability. Maintain development code standards to prohibit siting of new septic tanks, seepage pits, drainage facilities, and heavily irrigated areas away from structure foundations to reduce potential soil collapse. 2.3 Seismic Retrofits to the Existing Building Stock. Create a phased program for seismic retrofits to existing public and private unreinforced buildings to meet current requirements. 2.4 Wind Hazards. Support integrated land management for site design and improvements that protect the natural and built environment, including both public and private structures, from hazardous wind events. Goal 3. Flood hazards. A community where flooding and inundation hazards are contained within areas reserved for open space. Policies 3.1 Flood Risk in New Development. Require all new development to minimize flood risk with siting and design measures, such as grading that prevents adverse drainage impacts to adjacent properties, on -site retention of runoff, and minimization of structures located in floodplains. 3.2 Flood Infrastructure. Require new development to contribute to funding regional flood control infrastructure improvements. 3.3 Stormwater Management. Monitor, update, and enforce stormwater management plans in coordination with regional agencies, utilities, and other jurisdictions. 3.4 Open Space for Flood Control. Prioritize open space or uses that serve recreational purposes as a preferred land use within areas of high flood risk. 3.5 Dam Failure. Disseminate information on dam inundation areas subject to potential risks of flooding in the event of dam failure or seismic hazard, including preparation for seiche events, which can be caused by seismic events and consist of the occurrence GENERAL PLAN 1 129 Item 3A-346 RESOLUTION NO. 2022-20 CHAPTER 8: GENERAL PLAN of a standing wave that oscillates in a body of water, such as a dam. 3.6 Special Flood Hazard Areas. Locate new essential public facilities out of the Special Flood Hazard Areas (SFHAs) as identified in Municipal Code Title 28. Assess the conditions of existing utilities, roads, and other structures within the SFHAs, and implement risk reduction measures, where necessary. Goal 4. Fire hazards. Existing and future development is protected from wildfire hazards, with decreased frequency and intensity of wildfire incidents despite increased density and urbanization within the community. Policies 4.1 Fire Preparation. Maintain optimal fire readiness and response service in coordination with Riverside County and other agencies. Review inter - jurisdictional fire response agreements and ensure that the agreements and firefighting resources, including water supply, can meet current and future needs, including increased demand from new development and changing fire regimes. 4.2 Fire Hazard Severity Zones. Adopt and implement fire mitigation standards for areas designated as High and Very High Fire Hazard Severity Zones per CalFire, including safe access for emergency response vehicles, visible street signs, and water supplies for structural fire suppression. 4.3 Brush Clearance. Require new development and homeowners associations to maintain brush clearance criteria that meets 120% of the current state requirement for fire hazard severity zones in the city. 4.4 Inventory of Structures for Fire Risk. Prepare an inventory of all structures and ownership information for structures in each fire hazard severity zone in the city and the SO]. 4.5 Fire Education. Disseminate information on fire risks and minimum standards, including guidance for new development in the wildland- urban interface and fire hazard severity zones. 4.6 Future Emergency Service Needs. Require new developments and homeowners associations along the wildland urban interface to house the proper equipment and infrastructure to respond to wildland fire incidents. 4.7 Open Space Preservation. Consult with neighboring jurisdictions, private property owners, and other agencies to identify resource management activities that can both enhance open space areas and reduce wildland fire. 130 1 CITY OF PALM DESERT Item 3A-347 RESOLUTION NO. 2022-20 CHAPTER 8: SAFETY 4.8 New Essential Public Facilities. When planning new essential public facilities for the SOI, avoid locations within any state responsibility area or very high fire hazard severity zone. If not possible, mandate construction methods or other measures to ensure minimal damage to the facilities. 4.9 Existing development in Fire Hazard Zones. Direct the Planning Department Code Compliance Division to identify and track properties that are not in conformance with contemporary fire safe standards adopted by the City, especially of road standards and vegetative hazard. Reach out to these property owners during redevelopment or other permitting processes to work out a mitigation plan to achieve conformance. 4.10 Redevelopment in Fire Hazard Zones. Require all redevelopment in Very High Fire Hazard Severity Zones (VHFHSZ) to comply with the latest California Building Standards Code (Title 24), including the California Fire Code (Part 9). Coordinate with the Fire Department on evaluation of rebuilding after a large fire and require implementation of fire safe design and additional measures where necessary. 4.11 Long Term Fire Hazard Reduction. Coordinate with the Fire Department and consult with private property owners, homeowner associations and other organizations to identify roadside fuel reduction plan, otherwise provide for the long-term maintenance of defensible space clearances around structures, and include fire breaks in the VHFHSZ where appropriate. Goal S. Extreme weather. Improved quality of life for residents, workers, and visitors during extreme heat events. Policies 5.1 Extreme Heat Vulnerabilities. Analyze and address groups with vulnerabilities to extreme heat, including youth, the elderly, nursing homes, or communities with older structures that lack adequate air conditioning. 5.2 Education on Extreme Heat. Educate visitors and residents on the risks of extreme heat using brochures, public service announcements, and other methods. 5.3 Backup energy sources. Obtain and install backup power equipment for critical public facilities to ensure they are functional during a power failure that might result from extreme weather. 5.4 Below ground utilities. Provide information and education to encourage private stakeholders with formation of assessment districts that would finance and replace overhead electric lines with subsurface lines that will not be affected by fallen trees and branches during windstorms. 5.5 Tree trimming. Support utility companies in their enforcement of the national guidelines on tree trimming and vegetation management GENERAL PLAN 1 131 Item 3A-348 RESOLUTION NO. 2022-20 CHAPTER 8: GENERAL PLAN around electric transmission and communication lines to prevent or reduce the potential for felled branches or trees to cause power outages ' and disrupted communications. 5.6 Wind barriers. Encourage the preservation and establishment of additional wind barriers in the form of hedges and tree lines to reduce the effects of dust and sand. Goal 6. Human -caused hazards and hazardous materials. A safe community with minimal risk from hazardous materials and human -caused hazards. Policies 6.1 Site Remediation. Encourage and facilitate the adequate and timely cleanup of existing and future contaminated sites and the compatibility of future land uses. 6.2 Airport Hazards. Upon annexation of areas within the Bermuda Dunes Airport Land Use Compatibility Plan Area, adopt and implement airport compatibility zones for protection of people and property. 6.3 Airport compatibility. Require new development in the vicinity of Bermuda Dunes Airport to conform to the County s airport land use and safety plans. Notwithstanding the allowable land use intensities and densities set forth by the Land Use and Community Character Element, there may be more restrictive density and intensity limitations on land ' use and development parameters, as set forth by the Airport Land Use and Compatibility Plan. Additionally, per the Airport Land Use Plan, there may be additional limits, restrictions, and requirements, such as aviation easements, height limits, occupancy limits, and deed restrictions, required of new developments within the vicinity of the airport. 6.4 Wildlife Hazards Study. New developments proposing golf course or significant open space and/or water features shall prepare a wildlife hazard study if the site is within the Airport Influence Area. 6.5 Airport Land Use Commission Review. Before the adoption or amendment of this General Plan, any specific plan, the adoption or amendment of a zoning ordinance or building regulation within the planning boundary of the airport land use compatibility plan, refer proposed actions for review, determination and processing by the Riverside County Airport Land Use Commission as provided by the Airport Land Use Law. Notify the Airport Land Use Commission office and send a Request for Agency Comments for all new projects, and projects proposing ' 132 1 CITY OF PALM DESERT Item 3A-349 RESOLUTION NO. 2022-20 CHAPTER 8: SAFETY added flour area or cjiaitye lit building occupancy type located within the Bermuda Dunes Airport Influence Area. 6.6 Federal Aviation Administration Review. Projects that require an FAA notice and review will be conditioned accordingly by the City to obtain an FAA Determination of No Hazard to Air Navigation prior to issuance of any building permits. 6.7 Residential Development near airport. New residential development within Airport Compatibility Zone D shall have a net density of at least five dwelling units per acre. New dwelling units should not be permitted as secondary uses of the Urban Employment Center General Plan Designation within Airport Compatibility Zone C. 6.9 Nonresidential Development near airport. The land use intensity of nonresidential structures within Airport Compatibility Zones B1, C, and D shall be limited as set forth by Table 2A of the Airport Land Use Compatibility Plan. 6.9 Hospitals near airport. Prohibit hospitals within Airport Compatibility Zones Bi and C and discouraged in Airport Compatibility Zone D. 6. 10 Stadiums and gathering spaces. Major spectator -oriented sports stadiums, amphitheaters, concert halls shall be discouraged beneath principal flight tracks. 6.12 Regional coordination. Promote coordinated long-range planning between the City, airport authorities, businesses and the public to meet the region's aviation needs. 6. 12 Railroad Safety. When considering development adjacent to the railroad right-of-way, work to minimize potential safety issues and land use conflicts associated with railroad adjacency. GENERAL PLAN 1 133 Item 3A-350 CITY OF PALM DESERT LEGAL NOTICE CASE NO. GPA 21-0002 Update NOTICE OF A PUBLIC HEARING BEFORE THE PALM DESERT CITY COUNCIL TO CONSIDER APPROVAL FOR GENERAL PLAN AMENDMENT (GPA) 21-0002 UPDATING THE CITY OF PALM DESERT’S HOUSING ELEMENT OF THE GENERAL PLAN The City of Palm Desert (City) has prepared updates to the Housing Element, 6th Cycle (2021- 2029) of the General Plan for re-adoption. Project Location/Description: Project Description: The Housing Element identifies the City’s housing conditions, classifies needs, and establishes goals, objectives, and policies that are the foundation of the City’s housing and growth strategy. The Housing Element is one of the mandatory components of the General Plan and is the only Element individually certified by the State's Department of Housing and Community Development (HCD) for an eight-year cycle. The City Council adopted the City's 6th Cycle Housing Element (Housing Element) on March 10, 2022. After adoption, the California Department of Housing and Community Development (HCD) issued a comment letter requiring the City incorporate additional analysis and modifications to the adopted Housing Element in order to obtain certification. In response, the Housing Element has been revised to address HCD's comments and received conditional confirmation from HCD to move forward with the re-adoption process. Once re-adopted, the revised Housing Element will be resubmitted to HCD for final certification. Recommendation: City Council to adopt a resolution to re-adopting the City’s Housing Element, 6th Cycle (2021-2029) of the General Plan. Public Hearing: The public hearing will be held before the City Council on Thursday, September 29, 2022, at 4:00 p.m. via Zoom. The hearing will be conducted in accordance with the City’s emergency protocols for social distancing. Options for remote participation will be listed on the Posted Agenda for the meeting at: https://www.cityofpalmdesert.org/our- city/mayor-and-city-council-/city-council-meeting-information-center. Public Review: The Draft Housing Element update is available for public review Monday through Thursday from 8:00 a.m. to 5:00 p.m. by contacting the project planner, Rosie Lua, Planning Manager. Please submit written comments to the Planning/Land Development Division. If any group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to the City Council hearing. All comments and any questions should be directed to: Rosie Lua, Planning Manager City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611, Extension 480 rlua@cityofpalmdesert.org PUBLISH: THE DESERT SUN ANTHONY J. MEJIA, CITY CLERK APRIL SEPTEMBER 18, 2022 PALM DESERT CITY COUNCIL Item 3A-351 Item 3A-352 Item 3A-353 Item 3A-354 Item 3A-355 Item 3A-356 Item 3A-357 Item 3A-358 Item 3A-359 Item 3A-360 Item 3A-361 Item 3A-362 Item 3A-363 Item 3A-364 Item 3A-365 Item 3A-366 Item 3A-367 Item 3A-368 Item 3A-369 Item 3A-370 Item 3A-371 Item 3A-372 Item 3A-373 Item 3A-374 Item 3A-375 Item 3A-376 Item 3A-377 Item 3A-378 Item 3A-379 Item 3A-380 Item 3A-381 Item 3A-382 Item 3A-383 Item 3A-384 Page 1 of 2 P6401-0001\2717157v2.doc CITY PALM DESERT STAFF REPORT MEETING DATE: September 29, 2022 PREPARED BY: Jessica Gonzales, Housing Manager REQUEST: APPROVE A PROPOSED PLAN FOR BOND ISSUANCE BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY FOR THE VITALIA APARTMENT PROJECT LOCATED ON THE SOUTH SIDE OF GERALD FORD DRIVE, EAST OF THE PALM DESERT SHERIFF STATION, IDENTIFIED AS THE APPROXIMATE +/- 11.94 ACRE PORTION OF APN 694-310-006 RECOMMENDATION: 1.Conduct the public hearing under the requirements of Tax and Equity Fiscal Responsibility Act (“TEFRA”) and the Internal Revenue Code of 1986, as amended (the “Code”) in connection with the proposed issuance in one or more series of revenue bonds by the California Municipal Finance Authority (the “CMFA”), a joint exercise of powers authority and public entity of the State of California, in an amount not to exceed $62,000,000, (the “Bonds”), to finance the acquisition, construction, improvement and equipping of the 269-unit Vitalia Apartments, a multifamily rental housing project located at the south side of Gerald Ford Drive, west of Portola Road (a portion of APN 694-310-006), Palm Desert, California (the “Project”) and receive public comments. 2.Adopt a resolution in the form attached hereto approving the issuance of the Bonds by CMFA for the benefit of Palm Desert Pacific Associates, a California Limited Partnership (the "Borrower") a partnership of which Pacific West Communities, Inc. (the "Developer") or a related person to the Developer is the general partner, to provide for the financing of the Project. Such adoption is solely for the purposes of satisfying the requirements of TEFRA, the Code and California Government Code Sections 6500 et seq. BACKGROUND/ANALYSIS: On August 26, 2021, the City Council unanimously adopted a resolution approving the development of a 269-unit apartment project, known as Vitalia Apartments, on a vacant +/-11.94-acre portion site located on the south side of Gerald Ford Drive. The Borrower is requesting bond financing from the CMFA in an aggregate principal amount not to exceed $62,000,000 of tax-exempt revenue bonds to construct the project. CMFA was formed on January 1, 2004, to provide local governments with tools for the timely financing of public benefit projects. As part of the process to issue bonds, the local agency is required to hold a public hearing and adopt a resolution supportive of the bond issuance. The Bonds to be issued by the CMFA for the Project will be the sole responsibility of the Borrower, and the City will have Item 3B-1 City of Palm Desert Vitalia Apartment Project - TEFRA Hearing, Bond Issuance Page 2 of 2 P6401-0001\2717157v2.doc no financial, legal, moral obligation, liability or responsibility for the Project or the repayment of the Bonds for the financing of the Project. All financing documents with respect to the issuance of the Bonds will contain clear disclaimers that the Bonds are not obligations of the City and will be paid solely from funds provided by the Borrower. Affordable housing development is a priority of the City Council, and therefore staff recommends that the City Council take public testimony during the public hearing and adopt a resolution supporting the Borrower’s request. Strategic Plan: This project achieves several priorities under the Land Use, Housing & Open Space chapter and the Transportation chapter of the Strategic Plan. Land Use, Housing & Open Space • Priority No. 2: “Facilitate development of high-quality housing for people of all income levels.” FINANCIAL IMPACT: There is no fiscal impact to the City resulting from the approval of the Borrower’s request. Adoption of a resolution would allow CMFA to issue housing bonds for the financing of the construction of 269-unit Vitalia Apartment project. REVIEWED BY: Department Director: Eric Ceja Special Bond Counsel: Jim G. Grayson, Esq. Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1. Draft City Council Resolution. 2. City Council Public Hearing Notice. 3. Indemnity Agreement Item 3B-2 -1- P6401-0001\2715420v2.doc RESOLUTION NO._______________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT APPROVING THE ISSUANCE OF THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY MULTIFAMILY HOUSING REVENUE BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $62,000,000 FOR THE PURPOSE OF FINANCING OR REFINANCING THE ACQUISITION, CONSTRUCTION, IMPROVEMENT AND EQUIPPING OF VITALIA APARTMENTS AND CERTAIN OTHER MATTERS RELATING THERETO WHEREAS, Palm Desert Pacific Associates, a California Limited Partnership (the "Borrower") a partnership of which Pacific West Communities, Inc. (the "Developer") or a related person to the Developer is the general partner, has requested that the California Municipal Finance Authority (the "Authority") adopt a plan of financing providing for the issuance of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Internal Revenue Code of 1986 (the "Code") in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, and at no time to exceed $62,000,000 in aggregate principal amount (the "Bonds"), to finance or refinance the acquisition, construction, improvement and equipping of a multifamily rental housing project located at the south side of Gerald Ford Drive, west of Portola Road (a portion of APN 694-310- 006), Palm Desert, California (the "Project"); and WHEREAS, pursuant to Section 147(f) of the Code, the issuance of the Bonds by the Authority must be approved by the City of Palm Desert (the "City") because the Project is located within the territorial limits of the City; and WHEREAS, the City Council of the City (the "City Council") is the elected legislative body of the City and is one of the "applicable elected representatives" required to approve the issuance of the Bonds under Section 147(f) of the Code; and WHEREAS, the Authority has requested that the City Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the "Agreement"), among certain local agencies, including the City; and WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the issuance of the Bonds by the Authority; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Palm Desert as follows: Section 1. The foregoing resolutions are true and correct. Item 3B-3 -2- P6401-0001\2715420v2.doc Section 2. The City Council hereby approves the issuance of the Bonds by the Authority. It is the purpose and intent of the City Council that this resolution constitute approval of the issuance of the Bonds by the Authority, for the purposes of (i) Section 147(f) of the Code by the applicable elected representative of the governmental unit having jurisdiction over the area in which the Project is located, in accordance with said Section 147(f), and (ii) Section 4 of the Agreement. Section 3. The issuance of the Bonds shall be subject to the approval of the Authority of all financing documents relating thereto to which the Authority is a party. The City shall have no responsibility or liability whatsoever with respect to the Bonds. Section 4. Neither the City nor its staff have reviewed or considered the financial feasibility of the Project or the expected financing or operation of the Project with regard to any State of California statutory requirements. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire or construct the Project or any refinancing of the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, construction, rehabilitation, installation or operation of the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein. Section 5. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing transaction approved hereby. Section 6. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the City Council of the City of Palm Desert this ___ day of ________, 2022. AYES: NOES: ABSTAIN: ABSENT: Attest: By: City Clerk Item 3B-4 12812-0001\2680718v1.doc NOTICE OF PUBLIC HEARING REGARDING ISSUANCE OF EXEMPT FACILITY BONDS FOR VITALIA APARTMENTS NOTICE IS HEREBY GIVEN that on September 29, 2022, the City Council of the City of Palm Desert will conduct a public hearing at 4:00 p.m. via teleconference as required by Section 147(f) of the Internal Revenue Code of 1986 (the "Code"), with respect to a proposed plan of financing providing for the issuance by the California Municipal Finance Authority (the "Authority") of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Code in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, in an amount not to exceed $62,000,000 in aggregate principal amount (the "Bonds"). The proceeds of the Bonds will be used to: (1) finance or refinance the acquisition, construction, improvement and equipping of Vitalia Apartments, a multifamily rental housing project located at the south side of Gerald Ford Drive, west of Portola Road (a portion of APN 694-310-006), Palm Desert, California; and (2) pay certain expenses incurred in connection with the issuance of the Bonds. The facilities are to be owned by Palm Desert Pacific Associates, a California Limited Partnership (the "Borrower") or a partnership of which Pacific West Communities, Inc. (the "Developer") or a related person to the Developer is the general partner. The Bonds and the obligation to pay principal of and interest thereon and any redemption premium with respect thereto do not constitute indebtedness or an obligation of the Authority, the State of California or any political subdivision thereof, within the meaning of any constitutional or statutory debt limitation, or a charge against the general credit or taxing powers of any of them. The Bonds shall be a limited obligation of the Authority, payable solely from certain revenues duly pledged therefor and generally representing amounts paid by the Borrower. Those wishing to comment on the proposed financing or refinancing and the nature and location of the Project may call the toll-free number (833) 548-0276 and enter meeting ID __________ or join the Zoom Webinar link available on the posted agenda. Public comments may also be submitted via email by 12:00 p.m. on the day of the meeting to _________@cityofpalmdesert.org or mail to City Clerk, City of Palm Desert, 73510 Fred Waring Drive, Palm Desert, California 92260. CITY COUNCIL FOR THE CITY OF PALM DESERT CITY CLERK Publish: 9/15/2022 Item 3B-5 P6401-0001\2715442v1.doc -1- INDEMNITY AGREEMENT THIS INDEMNITY AGREEMENT (this “Agreement”) is entered into as of September ___, 2022, by and between PACIFIC WEST COMMUNITIES, INC., an Idaho corporation (“Pacific West”), and the CITY OF PALM DESERT, a California municipal corporation (the “City”), with reference to the following facts and circumstances: R E C I T A L S WHEREAS, Palm Desert Pacific Associates, a California Limited Partnership, a partnership of which Pacific West or a related person to Pacific West is the general partner, has requested that the California Municipal Finance Authority (the "Authority") adopt a plan of financing providing for the issuance of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Internal Revenue Code of 1986 (the "Code") in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, and at no time to exceed $62,000,000 in aggregate principal amount (the "Bonds"), to finance or refinance the acquisition, construction, improvement and equipping of a multifamily rental housing project located at the south side of Gerald Ford Drive, west of Portola Road (a portion of APN 694-310-006), Palm Desert, California; and WHEREAS, pursuant to Section 147(f) of the Code, the issuance of the Bonds by the Authority must be approved by the City because the Project is located within the territorial limits of the City; and WHEREAS, the City Council of the City (the "City Council") is the elected legislative body of the City and is one of the "applicable elected representatives" required to approve the issuance of the Bonds under Section 147(f) of the Code; and WHEREAS, the Authority has requested that the City Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the "Agreement"), among certain local agencies, including the City; and WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and on September ___, 2022 adopted Resolution No. ___ of the City approving the issuance of the Bonds. NOW, THEREFORE, in consideration of the foregoing recitals, and the City’s adoption of Resolution No. ____, Pacific West and the City agree as follows: 1. Indemnification. From and after the execution of this Agreement, Pacific West hereby agrees to indemnify, defend (with counsel reasonably acceptable to City) and hold harmless the City and its officers, employees and council members (collectively, the “City Parties”) from and against all legal actions or proceedings, and any other claims, liabilities, losses, judgments, damages, awards, costs and expenses (including reasonable attorneys’ fees and court costs actually incurred by the City Parties) arising directly or indirectly out of or related to the City’s approval Item 3B-6 P6401-0001\2715442v1.doc -2- of the issuance of the Bonds as provided in Resolution No. ___ of the City and adopted on September ___, 2022. 2. Governing Law; Interpretation/Construction of Agreement. This Agreement shall be construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement. This Agreement shall be construed according to its fair meaning as if prepared by both parties hereto. 3. Modifications; Waivers. No modifications of this Agreement, shall be effective unless it is in writing and is duly authorized and executed by the parties hereto, and similarly no waiver by either party of any provision of this Agreement shall be effective unless it is in writing and is duly authorized and executed by the waiving party. 4. Severability. If any term, provision, condition or covenant of this Agreement or the application thereof to any party or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this instrument, or the application of such term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 5. Merger of Prior Agreements and Understandings. This Agreement contains the entire understanding between the parties related to the matters covered by this Agreement and all prior or contemporaneous agreements, understandings, representations and statements, whether oral or written, are merged herein and shall be of no further force or effect. 6. Counterparts; Electronic Delivery. This Agreement may be executed in any number of counterparts which, when taken together, shall constitute a fully-executed original. [Remainder of this page intentionally left blank] [Signatures appear on next page] Item 3B-7 P6401-0001\2715442v1.doc -3- IN WITNESS WHEREOF, Pacific West and the City have executed this Agreement as of the date first set forth above. PACIFIC WEST COMMUNITIES, INC., an Idaho corporation By: Name: Title: By: Name: Title: CITY OF PALM DESERT, a California municipal corporation By: Name: Title: ATTEST: Anthony J. Mejia, City Clerk Item 3B-8 Page 1 of 2 P6401-0001\2718396v2.doc CITY OF PALM DESERT STAFF REPORT MEETING DATE: September 29, 2022 PREPARED BY: Jessica Gonzales, Housing Manager REQUEST: APPROVE A PROPOSED PLAN FOR BOND ISSUANCE BY THE CALIFORNIA STATEWIDE COMMUNITIES' DEVELOPMENT AUTHORITY FOR THE GERALD FORD APARTMENT PROJECT LOCATED AT 75580 GERALD FORD DRIVE, PALM DESERT. RECOMMENDATION: 1.Conduct the public hearing under the requirements of Tax and Equity Fiscal Responsibility Act (“TEFRA”) and the Internal Revenue Code of 1986, as amended (the “Code”) in connection with the proposed issuance in one or more series of revenue bonds by the California Statewide Communities Development Authority (“CSCDA”), a joint exercise of powers authority and public entity of the State of California, in an amount not to exceed Fifty-Five Million Dollars $55,000,000 (the “Bonds”), to finance the acquisition, construction and development of the 150-unit Gerald Ford Apartments, a multifamily rental housing project located at located at 75580 Gerald Ford Drive, Palm Desert, California (the “Project”) and receive public comments. 2.Adopt a resolution in the form attached hereto approving the issuance of the Bonds by CSCDA for the benefit of Gerald Ford Apartments, LP, a California Limited Partnership (the "Borrower") a partnership of which Western National Group, a California Corporation (the "Developer") or a related person to the Developer is the general partner, to provide for the financing of the Project. Such adoption is solely for the purposes of satisfying the requirements of TEFRA, the Code and California Government Code Sections 6500 et seq. BACKGROUND/ANALYSIS: On June 7, 2022, the City Council unanimously adopted a resolution approving the development of a 150-unit apartment project, known as Gerald Ford Apartments, located at 75580 Gerald Ford Drive, Palm Desert. The Borrower is requesting bond financing from the CSCDA in an aggregate principal amount not to exceed Fifty-Five Million Dollars $55,000,000 of tax-exempt revenue bonds to construct the project. CSCDA was formed, to provide local governments with tools for the timely financing of public benefit projects. As part of the process to issue bonds, the local agency is required to hold a public hearing and adopt a resolution supportive of the bond issuance. The Bonds to be issued by the CSCDA for the Project will be the sole responsibility of the Borrower, and the City will have no financial, legal, moral obligation, liability or responsibility for the Project or the Item 3C-1 City of Palm Desert Gerald Ford Apartment Project - TEFRA Hearing, Bond Issuance Page 2 of 2 P6401-0001\2718396v2.doc repayment of the Bonds for the financing of the Project. All financing documents with respect to the issuance of the Bonds will contain clear disclaimers that the Bonds are not obligations of the City and will be paid solely from funds provided by the Borrower. Affordable housing development is a priority of the City Council, and therefore staff recommends that the City Council take public testimony during the public hearing and adopt a resolution supporting the Borrower’s request. Strategic Plan: This project achieves several priorities under the Land Use, Housing & Open Space chapter and the Transportation chapter of the Strategic Plan. Land Use, Housing & Open Space • Priority No. 2: “Facilitate development of high-quality housing for people of all income levels.” FINANCIAL IMPACT: There is no fiscal impact on the City resulting from the approval of the Borrower’s request. Adoption of a resolution would allow CSCDA to issue housing bonds for the financing of the construction of 150-unit Gerald Ford Apartment project. REVIEWED BY: Department Director: Eric Ceja Special Bond Counsel: Jim G. Grayson, Esq. Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1. Draft City Council Resolution 2. City Council Public Hearing Notice 3. Indemnity Agreement Item 3C-2 P6401-0001\2718402v2.doc RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT APPROVING THE ISSUANCE BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY OF EXEMPT FACILITY BONDS FOR THE GERALD FORD APARTMENTS WHEREAS, the California Statewide Communities Development Authority (the "Authority") is authorized pursuant to the provisions of California Government Code Section 6500 et seq. and the terms of an Amended and Restated Joint Exercise of Powers Agreement, dated as of June 1, 1988 (the "Agreement"), among certain local agencies throughout the State of California, including the City of Palm Desert (the "City"), to issue revenue bonds in accordance with Chapter 7 of Part 5 of Division 31 of the California Health and Safety Code for the purpose of financing multifamily rental housing projects; and WHEREAS, Gerald Ford Apartments, LP (the “Borrower”) or a partnership of which Western National Group, a California Corporation (the "Developer") or a related person to the Developer is the general partner, has requested that the Authority adopt a plan of financing providing for the issuance of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Internal Revenue Code of 1986 (the "Code") in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, and at no time to exceed Fifty-Five Million Dollars $55,000,000.00 in outstanding aggregate principal amount (the "Bonds"), to finance or refinance the acquisition, construction and development of a multifamily rental housing project located at 75580 Gerald Ford Drive, Palm Desert, California (the "Project"); and WHEREAS, pursuant to Section 147(f) of the Code, prior to their issuance, the Bonds are required to be approved by the "applicable elected representative" of the governmental units on whose behalf such bonds are expected to be issued and by a governmental unit having jurisdiction over the entire area in which any facility financed by such bonds is to be located, after a public hearing held following reasonable public notice; and WHEREAS, the members of this City Council (this "City Council") are the applicable elected representatives of the City; and WHEREAS, there has been published, at least 7 days prior to the date hereof, in a newspaper of general circulation within the City, a notice that a public hearing regarding the Bonds would be held on a date specified in such notice; and WHEREAS, such public hearing was conducted on such date, at which time an opportunity was provided to interested parties to present arguments both for and against the issuance of the Bonds; and WHEREAS, the Authority is also requesting that the City Council approve the issuance of any refunding bonds hereafter issued by the Authority for the purpose of refinancing the Bonds which financed the Project (the "Refunding Bonds"), but only in such cases where federal tax laws would not require additional consideration or approval by the City Council; and WHEREAS, it is intended that this resolution shall constitute the approval of the issuance of the Bonds required by Section 147(f) of the Code and Section 9 of the Agreement; Item 3C-3 -2- P6401-0001\2718402v2.doc NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM DESERT AS FOLLOWS: Section 1. The above recitals are true and correct. Section 2. The City Council hereby approves the issuance of the Bonds and the Refunding Bonds by the Authority. It is the purpose and intent of the City Council that this resolution constitute approval of the Bonds for the purposes of (a) Section 147(f) of the Code and (b) Section 9 of the Agreement. Section 3. The issuance of the Bonds shall be subject to the approval of the Authority of all financing documents relating thereto to which the Authority is a party. The City shall have no responsibility or liability whatsoever with respect to the Bonds. Section 4. Neither the City nor its staff have reviewed or considered the financial feasibility of the Project or the expected financing or operation of the Project with regard to any State of California statutory requirements. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire or construct the Project or any refinancing of the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, construction, rehabilitation, installation or operation of the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein. Section 5. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents that they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing approved hereby. Section 6. This resolution shall take effect immediately upon its passage. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 29th day of September 2022, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Item 3C-4 -3- P6401-0001\2718402v2.doc Item 3C-5 -1- P6401-0001\2718460v2.doc NOTICE OF PUBLIC HEARING REGARDING ISSUANCE OF EXEMPT FACILITY BONDS FOR GERALD FORD APARTMENTS NOTICE IS HEREBY GIVEN that on Thursday, September 29, 2022, the City Council of the City of Palm Desert (the "City") will conduct a public hearing at 4:00 p.m. via teleconference as required by Section 147(f) of the Internal Revenue Code of 1986 (the "Code"), at which it will hear and consider information concerning a proposed plan of financing providing for the issuance by the California Statewide Communities Development Authority of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Code in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, and at no time to exceed Fifty-Five Million Dollars $55,000,000 in outstanding aggregate principal amount, to finance or refinance the acquisition, construction and development of a multifamily rental housing project located at 75580 Gerald Ford Drive, Palm Desert, California. The facilities are to be owned by Gerald Ford Apartments, LP (the “Borrower”) or a partnership of which Western National Group, a (the "Developer") or a related person to the Developer is the general partner (the "Project"). Those wishing to comment on the proposed financing or refinancing and the nature and location of the Project may call the toll free number (833) 548-0276 and enter meeting ID __________ or join the Zoom Webinar link available on the posted agenda. Public comments may also be submitted via email by 12:00 p.m. on the day of the meeting to _________@cityofpalmdesert.org or mail to City Clerk, City of Palm Desert, 73510 Fred Waring Drive, Palm Desert, California 92260. CITY COUNCIL FOR THE CITY OF PALM DESERT City Clerk Publish: 9/15/2022 Item 3C-6 INDEMNITY AGREEMENT THIS INDEMNITY AGREEMENT (this “Agreement”) is entered into as of September ___, 2022, by and between WESTERN NATIONAL GROUP, a California Corporation (“WNG”), and the CITY OF PALM DESERT, a California municipal corporation (the “City”), with reference to the following facts and circumstances: R E C I T A L S WHEREAS, Gerald Ford Apartments, a California Limited Partnership, a partnership of which WNG or a related person to WNG is the general partner, has requested that the California Statewide Communities Development Authority (the "CSCDA") adopt a plan of financing providing for the issuance of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Internal Revenue Code of 1986 (the "Code") in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, and at no time to exceed $55,000,000 in aggregate principal amount (the "Bonds"), to finance or refinance the acquisition, construction and development of a multifamily rental housing project located at 75580 Gerald Ford Drive, Palm Desert, California; and WHEREAS, pursuant to Section 147(f) of the Code, the issuance of the Bonds by CSCDA must be approved by the City because the Project is located within the territorial limits of the City; and WHEREAS, the City Council of the City (the "City Council") is the elected legislative body of the City and is one of the "applicable elected representatives" required to approve the issuance of the Bonds under Section 147(f) of the Code; and WHEREAS, the CSCDA has requested that the City Council approve the issuance of the Bonds by the CSCDA in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 9 of the Amended and Restated Joint Exercise of Powers Agreement relating to the CSCDA, dated as of June 1, 1988 (the "Agreement"), among certain local agencies, including the City; and WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and on September ___, 2022 adopted Resolution No. ___ of the City approving the issuance of the Bonds. Item 3C-7 NOW, THEREFORE, in consideration of the foregoing recitals, and the City’s adoption of Resolution No. ____, WNG and the City agree as follows: 1. Indemnification. From and after the execution of this Agreement, WNG hereby agrees to indemnify, defend (with counsel reasonably acceptable to City) and hold harmless the City and its officers, employees and council members (collectively, the “City Parties”) from and against all legal actions or proceedings, and any other claims, liabilities, losses, judgments, damages, awards, costs and expenses (including reasonable attorneys’ fees and court costs actually incurred by the City Parties) arising directly or indirectly out of or related to the City’s approval of the issuance of the Bonds as provided in Resolution No. ___ of the City and adopted on September ___, 2022. 2. Governing Law; Interpretation/Construction of Agreement. This Agreement shall be construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement. This Agreement shall be construed according to its fair meaning as if prepared by both parties hereto. 3. Modifications; Waivers. No modifications of this Agreement, shall be effective unless it is in writing and is duly authorized and executed by the parties hereto, and similarly no waiver by either party of any provision of this Agreement shall be effective unless it is in writing and is duly authorized and executed by the waiving party. 4. Severability. If any term, provision, condition or covenant of this Agreement or the application thereof to any party or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this instrument, or the application of such term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 5. Merger of Prior Agreements and Understandings. This Agreement contains the entire understanding between the parties related to the matters covered by this Agreement and all prior or contemporaneous agreements, understandings, representations and statements, whether oral or written, are merged herein and shall be of no further force or effect. 6. Counterparts; Electronic Delivery. This Agreement may be executed in any number of counterparts which, when taken together, shall constitute a fully- executed original. [Remainder of this page intentionally left blank] [Signatures appear on next page] Item 3C-8 IN WITNESS WHEREOF, WNG and the City have executed this Agreement as of the date first set forth above. WESTERN NATIONAL GROUP, a By: Name: Title: By: Name: Title: CITY OF PALM DESERT, a California municipal corporation By: Name: Title: ATTEST: Anthony J. Mejia, City Clerk Item 3C-9 [This page has intentionally been left blank.]