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00 Agenda packet 2022-12-15 (71MB)
CITY OF PALM DESERT PALM DESERT CITY COUNCIL (CC), SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY (SA), AND HOUSING AUTHORITY (HA) MEETING (HYBRID MEETING) 73-510 FRED WARING DRIVE PALM DESERT, CA 92260 REGULAR MEETING AGENDA Thursday, December 15, 2022 3:30 p.m. Closed Session 4:00 p.m. Regular Session Pursuant to Assembly Bill 361, this meeting may be conducted by teleconference. There will be 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: Attend the meeting in our Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, CA 92260. To participate by email, internet, or phone, please see the detailed instructions on the last page of this agenda. AGENDA Thursday, December 15, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 2 of 11 CLOSED SESSION: 3:30 P.M. CALL TO ORDER PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY: This time has been set aside for members of the public to address the City Council on items contained only on the Closed Session Agenda within the three-minute time limit. Speakers may attend in person or utilize one of the three options listed on the last page of th is agenda. RECESS TO CLOSED SESSION CLOSED SESSION AGENDA A. Closed Session Meeting Minutes: November 17, 2022 B. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1. Property Description: 73-710 Fred Waring Drive, Suite 102A Agency: City of Palm Desert City Negotiator: Todd Hileman/Veronica Chavez Negotiating Parties: Congressman Ken Calvert, 41st District 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: Councilmember Kelly INSPIRATION/INVOCATION: Mayor Harnik REPORT OF CLOSED SESSION: City Attorney Hargreaves AWARDS, PRESENTATIONS, AND APPOINTMENTS: A. ADOPT RESOLUTION DECLARING THE RESULTS OF THE NOVEMBER 8, 2022, GENERAL MUNICIPAL ELECTION RECOMMENDATION: Adopt a Resolution reciting the facts of the General Municipal Election held on November 8, 2022, declaring the results and such other matters as provided by law. AGENDA Thursday, December 15, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 3 of 11 B. INSTALLATION OF NEW CITY COUNCILMEMBERS C. APPOINTMENT OF THE MAYOR AND MAYOR PRO TEM CITY MANAGER COMMENTS A. PUBLIC WORKS ACTIVITIES UPDATE – FACILITIES OPERATIONS AND MAINTENANCE B. AFFORDABLE HOUSING PROJECTS UPDATE 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 attend in person or 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 FINDINGS RELATIVE TO AB 361 – REMOTE TELECONFERENCING RECOMMENDATION: 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. B. APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES RECOMMENDATION: Approve the Minutes of November 17, 2022. C. APPROVAL OF WARRANTS RECOMMENDATION: Approve warrants issued for the period of October 26, 2022, through December 2, 2022. D. APPLICATION FOR AN ALCOHOLIC BEVERAGE LICENSE FOR D’COFFEE BOUTEAQUE, 73131 COUNTRY CLUB DRIVE, C1 & C2, PALM DESERT RECOMMENDATION: Receive and file the Alcoholic Beverage License application. AGENDA Thursday, December 15, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 4 of 11 E. RESOLUTION TO ADOPT THE CITY OF PALM DESERT CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT RECOMMENDATION: Adopt a Resolution adopting a Conflict of Interest Code, incorporating disclosure categories and designated positions and rescinding Resolution No. 2020-78. F. APPROVAL OF 2023 CITY COUNCIL LIAISON ASSIGNMENTS RECOMMENDATION: Approve the 2023 City Council liaison assignments as proposed. G. ADOPT RESOLUTION UPDAT ING THE CITYWIDE RECORDS MANAGEMENT PROGRAM AND RETENTION SCHEDULES RECOMMENDATION: Adopt a Resolution rescinding Resolution No. 2020 -76 and approving the updated Citywide Records Management Program and Retention Schedules. H. ADOPT RESOLUTION APPROVING SELECT FINANCIAL POLICIES RECOMMENDATION: 1. Adopt a Resolution approving financial policies FIN-008 Capital and Inventoriable Assets Management, FIN-009 Disposal of Surplus Property and Equipment, and FIN-010 Furniture Procurement Policy and Procedures. 2. Approve an effective date of July 1, 2022, to coincide with the City of Palm Desert’s fiscal year. I. ADOPT RESOLUTION MAKING CERTAIN FINDINGS PURSUANT TO C ALIFORNIA GOVERNMENT CODE SECTIONS 66000-66008 RELATING TO THE DEVELOPMENT IMPACT FEES ANNUAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2022 RECOMMENDATION: Adopt a Resolution accepting the Development Impact Fees Annual Report and making certain finding s pursuant to the California Government Code. AGENDA Thursday, December 15, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 5 of 11 J. APPROVE A CENTRAL INVENTORY OF SURPLUS LAND IN EXCESS OF FORESEEABLE NEED PURSUANT TO GOVERNMENT CODE SECTION 54230(A)(1) IN CONNECTION WITH PROPERTIES OWNED BY THE CITY OF PALM DESERT, SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, AND PALM DESERT HOUSING AUTHORITY, AND DIRECT THE REPORTING OF INFORMATION REGARDING SUCH PROPERTIES TO THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PURSUANT TO GOVERNMENT CODE 54230(A)(2) RECOMMENDATION: 1. Approve the “Central Inventory” of surplus land and land in excess of foreseeable need in connection with properties owned by the City of Palm Desert, Successor Agency to the Palm Desert Redevelopment Agency , and Palm Desert Housing Authority, pursuant to Government Code Section 54230(a)(1). 2. Authorize staff to report to the California State Department of Housing and Community Development information about such properties pursuant to Government Code 54230(a)(2). K. ADOPT A RESOLUTION DECLARING THREE (3) CITY OF PALM DESERT OWNED PROPERTIES AND A RESOLUTION DECLARING FOUR (4) PALM DESERT SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY OWNED PROPERTIES LOCATED ON ALESSANDRO DRIVE, SAN ANTONIO CIRCLE, AND SAN CLEMENTE CIRCLE SURPLUS LAND AND AUTHORIZING STAFF TO RELEASE A NOTICE OF AVAILABILITY FOR THE SALE OF THE SEVEN (7) PROPERTIES (Joint Consideration with Successor Agency Board) RECOMMENDATION: 1. Adopt a Resolution declaring City of Palm Desert owned properties lo cated at Alessandro Drive (APN 627-071-065), 44845 San Clemente Circle (APN 627-071-070), and 44889 San Clemente Circle (APN 627-071-071) surplus for the purposes of the Surplus Land Act. 2. Adopt a Resolution declaring Palm Desert Successor Agency to the Redevelopment Agency properties located at 44870 San Antonio Circle (APN 627 -071-067), 44850 San Antonio Circle (APN 627 -071-068), 44887 San Antonio Circle (APN 627-071-069), San Clemente Circle (APN 627-074-014) surplus for the purposes of the Surplus Land Act. 3. Authorize staff to release a Notice of Availability for the sale of the seven (7) properties. AGENDA Thursday, December 15, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 6 of 11 L. ADOPT A RESOLUTION DECLARING CITY OF PALM DESERT OWNED PROPERTIES LOCATED AT 44911 CABRILLO AVENUE (APN 625-082-022 AND APN 625-082-023) SURPLUS LAND AND AUTHORIZING STAFF TO RELEASE A NOTICE OF AVAILABILITY FOR THE SALE OF THE PROPERTIES RECOMMENDATION: 1. Adopt a Resolution declaring City of Palm Desert properties located at 44911 Cabrillo Avenue (APN 625-082-022) and 44911 Cabrillo Avenue (APN 625 -082-023) surplus land. 2. Authorize staff to release a Notice of Availability for the sale of the properties. M. APPROVE A HOUSING AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND PALM DESERT UNIVERSITY GATEWAY, LLC, FOR THE MILLENNIUM APARTMENT PROJECT LOCATED AT 74699 TECHNOLOGY DRIVE, PALM DESERT RECOMMENDATION: 1. Approve the Housing Agreement by and between th e City of Palm Desert and Palm Desert University Gateway, LLC, in accordance with the conditions of approval of the development of 330 units known as Millennium Apartments, a multifamily rental housing project located at located at 74699 Technology Drive, Palm Desert. 2. Authorize the City Manager or his designee to finalize the Housing Agreement, and the documents described in the Agreement or otherwise deemed necessary or proper to effectuate the Housing Agreement and conditions of approval, with such changes thereto as the City Manager or his designee, in consultation with the City’s legal counsel, may deem appropriate or necessary and consistent with the purposes of the Housing Agreement and conditions of approval, with such approval to be conclusivel y evidenced by the execution and delivery thereof. 3. Authorize the Mayor and/or City Manager to execute and deliver, for and in the name of the City, the Housing Agreement and other documents, as described in Recommendation No. 2, and authorize the City Clerk to record the Housing agreement. AGENDA Thursday, December 15, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 7 of 11 N. APPROVE A HOUSING AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND GERALD FORD APARTMENTS, LP, FOR THE GERALD FORD APARTMENT PROJECT LOCATED AT 75580 GERALD FORD DRIVE, PALM DESERT RECOMMENDATION: 1. Approve the attached Housing Agreement by and between the City of Palm Desert and Gerald Ford Apartments, a California Limited Partnership, in accordance with the conditions of approval of the development, of 150 units known as Gerald Ford Apartments, a multifamily rental housing project located at located at 75580 Gerald Ford Drive, Palm Desert. 2. Authorize the City Manager or his designee to finalize the Housing Agreement, and the documents described in the Agreement or otherwise deemed necessary or proper to effectuate the Housing Agreement and conditions of approval, with such changes thereto as the City Manager or his designee, in consultation with the City’s legal counsel, may deem appropriate or necessary and consistent with the purposes of the Housing Agreement and conditions of approval, with such approval to be conclusively evidenced by the execution and delivery thereof. 3. Authorize the Mayor and/or City Manager to execute and deliver, for and in the name of the City, the Housing Agreement and other documents, as described in Recommendation No. 2, and authorize the City Clerk to record the Housing agreement. O. ADOPT RESOLUTION TO AUTHORIZE DESTRUCTION OF OBSOLETE RECORDS FROM THE HOUSING DIVISION RECOMMENDATION: Adopt a Resolution authorizing the destruction of obsolete records from the Housing Division pursuant to the California Government Code Section 34090. P. ACCEPT OFF-SITE IMPROVEMENTS, AUTHORIZE THE RELEASE OF BONDS FOR THE PORTA VIA PROJECT, AND ACCEPT A MAINTENANCE BOND RECOMMENDATION: 1. Accept off-site public improvements. 2. Authorize the Release of the Faithful Performance Bond in the amount of $80,261.78 and the Labor and Materials Bond in the amount of $80,261.78. 3. Accept the Maintenance Bond in the amount of $8,026.18. Q. ADOPT MEMORANDUM OF UNDERSTANDING WITH FRIENDS OF THE DESERT MOUNTAINS RECOMMENDATION: Adopt Memorandum of Understanding with Friends of the Desert Mountains. AGENDA Thursday, December 15, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 8 of 11 R. ADOPT RESOLUTION APPROVING FINAL SUBDIVISION MAP OF TRACT MAP NO. 37639 RECOMMENDATION: Adopt a Resolution approving Final Tract Map No. 37639. S. AWARD A CONTRACT TO GARLAND/DBS, INC., FOR ROOF REPAIRS AND RELATED SERVICES ON CITY-OWNED BUILDINGS IN AN AMOUNT NOT TO EXCEED $250,000 PER FISCAL YEAR RECOMMENDATION: 1. Award a forty-two (42) month contract to Garland/DBS, Inc., for roof repairs and related services on City-owned Buildings under the Omnia Partners Contract No. PW- 1925 pursuant to Section 3.30.160 (E) and (L) of the City of Palm Desert Municipal Code in a total amount not to exceed $250,000 per fiscal year. 2. Confirm participation with the U.S. Communities Government Purchasing Alliance. 3. Authorize the City Attorney to negotiate the final Maintenance Services Agreement between the City and Garland. 4. Authorize the City Manager to review and approve up to two (2) one -year contract extensions for an amount not to exceed $250,000 per fiscal yea r. 5. Authorize the Mayor and/or the City Manager to execute the Agreement and any other documents necessary to effectuate the actions taken herewith. CONSENT ITEMS HELD OVER: Items removed from the Consent Calendar for separate discussion are considered at this time. 2. ACTION CALENDAR: None. 3. PUBLIC HEARINGS: The public may comment on individual Public Hearing Items within the three-minute time limit. The applicant or appellant will be provided up to five minutes to make their presentation. Speakers may utilize one of the three options listed on the last page of this agenda. A. CONSIDERATION FOR ADOPTION OF AN URGENCY ORDINANCE (ZOA 22 -0005) AMENDING SECTION 25.34.030 OF THE PALM DESERT MUNICIPAL CODE (PDMC) RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENT QUALITY ACT (CEQA) RECOMMENDATION: 1. Conduct the public hearing and receive public testimony. 2. Waive further reading and adopt an Urgency Ordinance amending Section 25.34.030 of the PDMC relating to accessory dwelling units and junior accessory dwelling units and determining the ordinance to be exempt from CEQA (Public Reso urce Code Section 21080.17). AGENDA Thursday, December 15, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 9 of 11 B. SECOND READING AND ADOPTION OF ORDINANCE NO. 1388 AMENDING SPECIFIED CHAPTERS OF THE PALM DESERT MUNICIPAL CODE TO ADOPT THE 2022 EDITIONS OF THE CALIFORNIA CODE OF REGULATIONS, TITLE 24, AND RELATED CODES WITH SELECTED APPENDICES AND AMENDMENTS RECOMMENDATION: 1. Open the Public Hearing, receive public testimony, and close the Public Hearing. 2. Waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No 1388. C. RESOLUTION TO ADOPT A NOTICE OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVAL OF A SUMMARY VACATION FOR A PORTION OF THE RESTRICTED ACCESS EASEMENT LYING WITHIN PARCELS 6 AND 7 OF PARCEL MAP 36792 LOCATED NORTH OF GERALD FORD DRIVE, APPROXIMATELY 750 FEET WEST OF TECHNOLOGY DRIVE RECOMMENDATION: 1. Conduct the public hearing and receive public testimony. 2. Adopt a resolution adopting a Notice of Exemption in accordance with CEQA and approving a summary vacation for a restricted access easement lying within Parcels 6 and 7 of Parcel Map 36792. D. CONSIDERATION TO ADOPT A NOTICE OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVAL OF A SUMMARY VACATION OF AN UNUSED EXCESS PORTION OF RIGHT -OF-WAY LOCATED AT THE NORTHERLY TERMINUS OF SANTA MARGARITA AVENUE ADJACENT TO 44525 SANTA MARGARITA AVENUE RECOMMENDATION: 1. Conduct the public hearing and receive public testimony. 2. Adopt a resolution approving a Notice of Exemption in accordance with CEQA and a summary vacation of an unused portion of Santa Margarita Avenue located at the northerly terminus of Santa Margarita Avenue, generally at 44525 Santa Margarita Avenue. AGENDA Thursday, December 15, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 10 of 11 E. RESOLUTION TO CONSIDER REVOCATION OF BUSINESS LICENSE CERTIFICATE NO. 13709873 FOR THE SWEET SPOT CLUB LOCATED AT 73338 HIGHWAY 111, #O, PALM DESERT , PURSUANT TO PALM DESERT MUNICIPAL CODE § 5.04.160 RECOMMENDATION: 1. Find that this report, including attachments, and any additional evidence provided at the hearing, provides satisfactory evidence to determine that: A. Good and sufficient reasons have been provided to revoke the Sweet Spot Club’s business license to preserve the peace, health, safety, or general welfare of the city. B. The Sweet Spot Club violated city and state laws. C. The Sweet Spot Club is conducting a business other than that for which it is licensed. 2. Adopt a Resolution revoking Business License Certificate No. 13709873 for the Sweet Spot Club located at 73338 Highway 111, #O, Palm Desert, and making findings in support thereof. 4. INFORMATION ITEMS None. ADJOURNMENT AGENDA Thursday, December 15, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 11 of 11 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 10:00 a.m. 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 as it gives 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.] CITY OF PALM DESERT STAFF REPORT MEETING DATE: December 15, 2022 PREPARED BY: Anthony J. Mejia, City Clerk REQUEST: ADOPTION OF A RESOLUTION DECLARING THE RESULTS OF THE NOVEMBER 8, 2022, GENERAL MUNICIPAL ELECTION RECOMMENDATION: Adopt a Resolution reciting the fact of the General Municipal Election held on November 8, 2022, declaring the results and such other matters as provided by law. BACKGROUND/ANALYSIS: On November 8, 2022, a General Municipal Election was conducted in the City of Palm Desert for the purpose of electing two (2) members of the City Council for District 2 and submitting Advisory Measure B relating to City Council Districts. The ballots were counted, and the results canvassed and certified by the County of Riverside Registrar of Voters. A copy of the certified election results is provided in Attachment A. Election for Two (2) Members of City Council for District 2 The below listed five (5) candidates appeared on the ballot to fill two scheduled vacancies on the City Council for District 2, for full terms of four (4) years, ending in December 2026. •Akkerman, Gregg •Trubee, Evan •Meinhardt, Gregory •Harnik, Jan C. •Garcia, Carlos Edward For the first time, the City of Palm Desert utilized multi-winner ranked choice voting. On the first round, Jan C. Harnik won 41.81% of the vote, surpassing the threshold and winning a seat on the City Council. In round four, Evan Trubee reached 33.87% of the vote, surpassing the threshold and winning a seat on the City Council. A detailed report of the ranked choice voting election results is provided in Attachment A. Advisory Measure B – City Council Districts Pursuant to Elections Code §9603 the City Council may hold, at its discretion, an advisory election for the purpose of allowing voters to voice their opinions on substantive issues, however, the results of the advisory vote will not be binding on the City Council. The following question, which was designated as Advisory Measure B, was submitted to the voters at the same election: Item 0A-1 City of Palm Desert Results of the November 8, 2022, General Municipal Election Page 2 of 2 Advisory Vote Only “In Palm Desert now, District 1 (the area surrounding Civic Center with 20% of the population) selects one Council representative every four years, and District 2 (the other 80% of the City) votes for a total of four Council representatives, picking two representatives every two years. Should District 2 be divided into four smaller districts, with all voters electing a single person from their smaller district every four years?” Yes No Answer Votes Received Vote Percentage Yes 9,829 53.24% No 8,633 46.76% FINANCIAL IMPACT: An invoice describing the costs to conduct the consolidated election with the County of Riverside has not been received by the City Clerk’s Office. However, it is anticipated that the cost to implement ranked choice voting may surpass the amount budgeted for the election. If necessary, a supplemental appropriation will be requested at a future meeting. REVIEWED BY: City Clerk: Anthony J. Mejia City Attorney: Robert Hargreaves Finance Director: Veronica Chavez City Manager: Todd Hileman ATTACHMENTS: 1.Resolution declaring the results of the November 8, 2022, General Municipal Election a.Certificate of the Canvass of the Election Results Item 0A-2 RESOLUTION NO. _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RECITING THE FACTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022, DECLARING THE RESULT AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW WHEREAS, a General Municipal Election was held and conducted in the City of Palm Desert, California, on Tuesday, November 8, 2022, as required by law; and WHEREAS, notice of the election was given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions the Election Code of the State of California, Palm Desert City Charter, and Palm Desert Municipal Code; and WHEREAS, pursuant to Resolution No. 2022-51, adopted by the City Council on June 23, 2022, the Riverside County Registrar of Voters canvassed the returns of the election and has certified the results to this City Council; said results are received, attached, and made a part hereof as “Exhibit A”. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS HEREBY DETERMINES, DECLARES, APPROVES, AND RESOLVES: SECTION 1. That the names of persons voted for at the election for two (2) members of the City Council, District 2, for full terms of four years ending December 2026, are as follows: • Akkerman, Gregg • Trubee, Evan • Meinhardt, Gregory • Harnik, Jan C. • Garcia, Carlos Edward SECTION 2. That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the office for which the persons were candidates are attached hereto and incorporated herein as “Exhibit A” to this Resolution. SECTION 3. The City Council does declare and determine that Jan C. Harnik and Evan Trubee were elected to the offices of Member of the Palm Desert City Council, for Districts 2, for full terms of four years ending December 2026. SECTION 4. That the City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and Item 0A-3 Resolution No. _____ Page 2 authenticated; that the City Clerk shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the Office of the City Clerk. Each and all of the persons so elected shall then be inducted into their respective office to which they have been elected. SECTION 5. That Advisory Measure “B” voted upon at the election is as follows: Advisory Vote Only “In Palm Desert now, District 1 (the area surrounding Civic Center with 20% of the population) selects one Council representative every four years, and District 2 (the other 80% of the City) votes for a total of four Council representatives, picking two representatives every two years. Should District 2 be divided into four smaller districts, with all voters electing a single person from their smaller district every four years?” Yes No SECTION 6. That a majority of voters voting on Advisory Measure B relating to City Council districts did vote in favor of it. Pursuant to Elections Code §9603 the results of the advisory vote will in no manner be controlling on the City Council. SECTION 7. The City Clerk shall enter on the records of the City of Palm Desert, a statement of the results of the election, showing: (1) the whole number of ballots cast in the city; (2) the names of the persons voted for; (3) the advisory measure voted upon; (4) for what office each person was voted for; (5) the number of votes given at each precinct to each person, and for and against the advisory measure; and (6) the total number of votes given to each person, and for and against the advisory measure. SECTION 8. The City Clerk shall certify to the adoption of this resolution and enter it into the book of original resolutions. Item 0A-4 Resolution No. _____ Page 3 PASSED, APPROVED AND ADOPTED BY THE PALM DESERT CITY COUNCIL THIS _____ DAY OF DECEMBER, 2022. Mayor ATTEST: Anthony J. Mejia City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM DESERT ) I, ANTHONY J. MEJIA, City Clerk of the City of Palm Desert, hereby certify that Resolution No. _____ 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: Anthony J. Mejia City Clerk Item 0A-5 Resolution No. _____ Page 4 EXHIBIT A CERTIFIED ELECTION RESULTS Item 0A-6 REBECCA SPENCER Registrar of Voters ART TINOCO Assistant Registrar of Voters REGISTRAR OF VOTERS COUNTY OF RIVERSIDE 2720 Gateway Drive | Riverside, CA 92507-0921 Mailing address: 2724 Gateway Drive | Riverside, CA 92507-0918 (951) 486-7200 | California Relay Service (Dial 711) | FAX (951) 486-7272 www.voteinfo.net CERTIFICATE OF REGISTRAR OF VOTERS TO THE RESULTS OF THE CANVASS OF ELECTION RETURNS State of California ) ) ss. County of Riverside ) I, REBECCA SPENCER, Registrar of Voters of said County, do hereby certify that, in pursuance of the provisions of Sections 15301, 15372, and 15374 of the California Elections Code, and the resolution adopted by the City Council, I did canvass the returns of the votes cast on November 8, 2022, as part of the Consolidated General Election in the CITY OF PALM DESERT and I further certify that the statement of votes cast, to which this certificate is attached, shows the whole number of votes for each candidate for elective office and for and against each measure at said election, in said City, and in each precinct therein, and that the totals as shown for each candidate and measure are full, true, and correct. Dated this 1st day of December 2022 REBECCA SPENCER Registrar of Voters Matt Ceballos Chief Deputy Registrar of Voters Item 0A-7 1 Palm Desert City Council District 2 1 1 1 1 1 Registered VotersVoters CastTurnout (%)GREGG AKKERMANEVAN TRUBEEGREGORY MEINHARDTJAN C. HARNIKCARLOS E. GARCIA442000 Total 0 0 442004 Total 4105 2567 62.53 %462 472 121 889 379 442005 Total 0 0 442010 Total 2606 1766 67.77 %352 286 87 635 205 442012 Total 2306 1611 69.86 %233 351 64 703 113 442021 Total 2509 1789 71.30 %246 358 91 796 103 442022 Total 1576 873 55.39 %140 166 62 326 87 442024 Total 2965 2146 72.38 %386 365 108 858 220 442029 Total 367 239 65.12 %58 49 13 76 21 442032 Total 1079 551 51.07 %92 143 12 184 78 442037 Total 3162 1714 54.21 %282 409 92 578 176 442047 Total 2633 1892 71.86 %289 449 79 731 166 442048 Total 2084 1309 62.81 %247 344 50 448 111 442049 Total 1620 1016 62.72 %175 230 34 389 92 442060 Total 620 363 58.55 %80 79 10 125 36 442062 Total 23 21 91.30 %3 11 4 Electionwide Total 27655 17857 64.57 %3045 3701 823 6749 1791 442000 Total 0 0 442004 Total 4105 2567 62.53 %462 472 121 889 379 442005 Total 0 0 442010 Total 2606 1766 67.77 %352 286 87 635 205 442012 Total 2306 1611 69.86 %233 351 64 703 113 442021 Total 2509 1789 71.30 %246 358 91 796 103 442022 Total 1576 873 55.39 %140 166 62 326 87 442024 Total 2965 2146 72.38 %386 365 108 858 220 442029 Total 367 239 65.12 %58 49 13 76 21 442032 Total 1079 551 51.07 %92 143 12 184 78 442037 Total 3162 1714 54.21 %282 409 92 578 176 442047 Total 2633 1892 71.86 %289 449 79 731 166 442048 Total 2084 1309 62.81 %247 344 50 448 111 442049 Total 1620 1016 62.72 %175 230 34 389 92 442060 Total 620 363 58.55 %80 79 10 125 36 442062 Total 23 21 91.30 %3 11 4 California Total 27655 17857 64.57 %3045 3701 823 6749 1791 442005 Total 0 0 25th Congressional District (Por. Imp & SB) Total 0 0 442000 Total 0 0 442004 Total 4105 2567 62.53 %462 472 121 889 379 442010 Total 2606 1766 67.77 %352 286 87 635 205 442012 Total 2306 1611 69.86 %233 351 64 703 113 442021 Total 2509 1789 71.30 %246 358 91 796 103 Printed: Thursday, December 1, 2022 4:16 PM Page 12293 of 15484Data Refreshed: Thursday, December 1, 2022 4:09 PM Riverside Riverside 2022 General District Canvass November 8, 2022 Item 0A-8 1 Palm Desert City Council District 2 1 1 1 1 1 Registered VotersVoters CastTurnout (%)GREGG AKKERMANEVAN TRUBEEGREGORY MEINHARDTJAN C. HARNIKCARLOS E. GARCIA442022 Total 1576 873 55.39 %140 166 62 326 87 442024 Total 2965 2146 72.38 %386 365 108 858 220 442029 Total 367 239 65.12 %58 49 13 76 21 442032 Total 1079 551 51.07 %92 143 12 184 78 442037 Total 3162 1714 54.21 %282 409 92 578 176 442047 Total 2633 1892 71.86 %289 449 79 731 166 442048 Total 2084 1309 62.81 %247 344 50 448 111 442049 Total 1620 1016 62.72 %175 230 34 389 92 442060 Total 620 363 58.55 %80 79 10 125 36 442062 Total 23 21 91.30 %3 11 4 41st Congressional District Total 27655 17857 64.57 %3045 3701 823 6749 1791 442000 Total 0 0 442004 Total 4105 2567 62.53 %462 472 121 889 379 442005 Total 0 0 442010 Total 2606 1766 67.77 %352 286 87 635 205 442012 Total 2306 1611 69.86 %233 351 64 703 113 442021 Total 2509 1789 71.30 %246 358 91 796 103 442022 Total 1576 873 55.39 %140 166 62 326 87 442024 Total 2965 2146 72.38 %386 365 108 858 220 442029 Total 367 239 65.12 %58 49 13 76 21 442032 Total 1079 551 51.07 %92 143 12 184 78 442037 Total 3162 1714 54.21 %282 409 92 578 176 442047 Total 2633 1892 71.86 %289 449 79 731 166 442048 Total 2084 1309 62.81 %247 344 50 448 111 442049 Total 1620 1016 62.72 %175 230 34 389 92 442060 Total 620 363 58.55 %80 79 10 125 36 442062 Total 23 21 91.30 %3 11 4 19th Senatorial District (Por. SB) Total 27655 17857 64.57 %3045 3701 823 6749 1791 442000 Total 0 0 442004 Total 4105 2567 62.53 %462 472 121 889 379 442005 Total 0 0 442010 Total 2606 1766 67.77 %352 286 87 635 205 442012 Total 2306 1611 69.86 %233 351 64 703 113 442021 Total 2509 1789 71.30 %246 358 91 796 103 442022 Total 1576 873 55.39 %140 166 62 326 87 442024 Total 2965 2146 72.38 %386 365 108 858 220 442029 Total 367 239 65.12 %58 49 13 76 21 442032 Total 1079 551 51.07 %92 143 12 184 78 442037 Total 3162 1714 54.21 %282 409 92 578 176 442047 Total 2633 1892 71.86 %289 449 79 731 166 442048 Total 2084 1309 62.81 %247 344 50 448 111 442049 Total 1620 1016 62.72 %175 230 34 389 92 442060 Total 620 363 58.55 %80 79 10 125 36 Printed: Thursday, December 1, 2022 4:16 PM Page 12294 of 15484Data Refreshed: Thursday, December 1, 2022 4:09 PM Riverside Riverside 2022 General District Canvass November 8, 2022 Item 0A-9 1 Palm Desert City Council District 2 1 1 1 1 1 Registered VotersVoters CastTurnout (%)GREGG AKKERMANEVAN TRUBEEGREGORY MEINHARDTJAN C. HARNIKCARLOS E. GARCIA442062 Total 23 21 91.30 %3 11 4 47th Assembly District (Por. SB) Total 27655 17857 64.57 %3045 3701 823 6749 1791 442000 Total 0 0 442004 Total 4105 2567 62.53 %462 472 121 889 379 442005 Total 0 0 442010 Total 2606 1766 67.77 %352 286 87 635 205 442012 Total 2306 1611 69.86 %233 351 64 703 113 442021 Total 2509 1789 71.30 %246 358 91 796 103 442022 Total 1576 873 55.39 %140 166 62 326 87 442024 Total 2965 2146 72.38 %386 365 108 858 220 442029 Total 367 239 65.12 %58 49 13 76 21 442032 Total 1079 551 51.07 %92 143 12 184 78 442037 Total 3162 1714 54.21 %282 409 92 578 176 442047 Total 2633 1892 71.86 %289 449 79 731 166 442048 Total 2084 1309 62.81 %247 344 50 448 111 442049 Total 1620 1016 62.72 %175 230 34 389 92 442060 Total 620 363 58.55 %80 79 10 125 36 442062 Total 23 21 91.30 %3 11 4 St Bd of Equalization 4 (Por. SB, SD, Or & Imp) Total 27655 17857 64.57 %3045 3701 823 6749 1791 442000 Total 0 0 442004 Total 4105 2567 62.53 %462 472 121 889 379 442010 Total 2606 1766 67.77 %352 286 87 635 205 442024 Total 2965 2146 72.38 %386 365 108 858 220 442029 Total 367 239 65.12 %58 49 13 76 21 442047 Total 2633 1892 71.86 %289 449 79 731 166 442048 Total 2084 1309 62.81 %247 344 50 448 111 442049 Total 1620 1016 62.72 %175 230 34 389 92 442060 Total 620 363 58.55 %80 79 10 125 36 442062 Total 23 21 91.30 %3 11 4 Desert Community College District/TA 4 Total 17023 11319 66.49 %2052 2274 502 4162 1234 442005 Total 0 0 442012 Total 2306 1611 69.86 %233 351 64 703 113 442021 Total 2509 1789 71.30 %246 358 91 796 103 442022 Total 1576 873 55.39 %140 166 62 326 87 442032 Total 1079 551 51.07 %92 143 12 184 78 442037 Total 3162 1714 54.21 %282 409 92 578 176 Unincorporated - Community College Districts sub-district Total 10632 6538 61.49 %993 1427 321 2587 557 Printed: Thursday, December 1, 2022 4:16 PM Page 12295 of 15484Data Refreshed: Thursday, December 1, 2022 4:09 PM Riverside Riverside 2022 General District Canvass November 8, 2022 Item 0A-10 1 Palm Desert City Council District 2 1 1 1 1 1 Registered VotersVoters CastTurnout (%)GREGG AKKERMANEVAN TRUBEEGREGORY MEINHARDTJAN C. HARNIKCARLOS E. GARCIA442000 Total 0 0 442004 Total 4105 2567 62.53 %462 472 121 889 379 442005 Total 0 0 442010 Total 2606 1766 67.77 %352 286 87 635 205 442012 Total 2306 1611 69.86 %233 351 64 703 113 442021 Total 2509 1789 71.30 %246 358 91 796 103 442022 Total 1576 873 55.39 %140 166 62 326 87 442024 Total 2965 2146 72.38 %386 365 108 858 220 442029 Total 367 239 65.12 %58 49 13 76 21 442032 Total 1079 551 51.07 %92 143 12 184 78 442037 Total 3162 1714 54.21 %282 409 92 578 176 442047 Total 2633 1892 71.86 %289 449 79 731 166 442048 Total 2084 1309 62.81 %247 344 50 448 111 442049 Total 1620 1016 62.72 %175 230 34 389 92 442060 Total 620 363 58.55 %80 79 10 125 36 442062 Total 23 21 91.30 %3 11 4 Unincorporated - Unified School Districts Total 27655 17857 64.57 %3045 3701 823 6749 1791 442021 Total 2509 1789 71.30 %246 358 91 796 103 442022 Total 1576 873 55.39 %140 166 62 326 87 442037 Total 3162 1714 54.21 %282 409 92 578 176 442060 Total 620 363 58.55 %80 79 10 125 36 442062 Total 23 21 91.30 %3 11 4 Desert Sands Unified School District TA/2 Total 7890 4760 60.33 %751 1012 255 1836 406 442000 Total 0 0 442004 Total 4105 2567 62.53 %462 472 121 889 379 442005 Total 0 0 442010 Total 2606 1766 67.77 %352 286 87 635 205 442012 Total 2306 1611 69.86 %233 351 64 703 113 442024 Total 2965 2146 72.38 %386 365 108 858 220 442029 Total 367 239 65.12 %58 49 13 76 21 442032 Total 1079 551 51.07 %92 143 12 184 78 442047 Total 2633 1892 71.86 %289 449 79 731 166 442048 Total 2084 1309 62.81 %247 344 50 448 111 442049 Total 1620 1016 62.72 %175 230 34 389 92 Unincorporated - Unified School Districts sub-district Total 19765 13097 66.26 %2294 2689 568 4913 1385 442000 Total 0 0 442004 Total 4105 2567 62.53 %462 472 121 889 379 442005 Total 0 0 442010 Total 2606 1766 67.77 %352 286 87 635 205 Printed: Thursday, December 1, 2022 4:16 PM Page 12296 of 15484Data Refreshed: Thursday, December 1, 2022 4:09 PM Riverside Riverside 2022 General District Canvass November 8, 2022 Item 0A-11 1 Palm Desert City Council District 2 1 1 1 1 1 Registered VotersVoters CastTurnout (%)GREGG AKKERMANEVAN TRUBEEGREGORY MEINHARDTJAN C. HARNIKCARLOS E. GARCIA442012 Total 2306 1611 69.86 %233 351 64 703 113 442021 Total 2509 1789 71.30 %246 358 91 796 103 442022 Total 1576 873 55.39 %140 166 62 326 87 442024 Total 2965 2146 72.38 %386 365 108 858 220 442029 Total 367 239 65.12 %58 49 13 76 21 442032 Total 1079 551 51.07 %92 143 12 184 78 442037 Total 3162 1714 54.21 %282 409 92 578 176 442047 Total 2633 1892 71.86 %289 449 79 731 166 442048 Total 2084 1309 62.81 %247 344 50 448 111 442049 Total 1620 1016 62.72 %175 230 34 389 92 442060 Total 620 363 58.55 %80 79 10 125 36 442062 Total 23 21 91.30 %3 11 4 Unincorporated - Union High School Districts sub-district Total 27655 17857 64.57 %3045 3701 823 6749 1791 442000 Total 0 0 442004 Total 4105 2567 62.53 %462 472 121 889 379 442005 Total 0 0 442010 Total 2606 1766 67.77 %352 286 87 635 205 442012 Total 2306 1611 69.86 %233 351 64 703 113 442021 Total 2509 1789 71.30 %246 358 91 796 103 442022 Total 1576 873 55.39 %140 166 62 326 87 442024 Total 2965 2146 72.38 %386 365 108 858 220 442029 Total 367 239 65.12 %58 49 13 76 21 442032 Total 1079 551 51.07 %92 143 12 184 78 442037 Total 3162 1714 54.21 %282 409 92 578 176 442047 Total 2633 1892 71.86 %289 449 79 731 166 442048 Total 2084 1309 62.81 %247 344 50 448 111 442049 Total 1620 1016 62.72 %175 230 34 389 92 442060 Total 620 363 58.55 %80 79 10 125 36 442062 Total 23 21 91.30 %3 11 4 Unincorporated - Elementary School Districts Total 27655 17857 64.57 %3045 3701 823 6749 1791 442000 Total 0 0 442004 Total 4105 2567 62.53 %462 472 121 889 379 442005 Total 0 0 442010 Total 2606 1766 67.77 %352 286 87 635 205 442012 Total 2306 1611 69.86 %233 351 64 703 113 442021 Total 2509 1789 71.30 %246 358 91 796 103 442022 Total 1576 873 55.39 %140 166 62 326 87 442024 Total 2965 2146 72.38 %386 365 108 858 220 442029 Total 367 239 65.12 %58 49 13 76 21 442032 Total 1079 551 51.07 %92 143 12 184 78 442037 Total 3162 1714 54.21 %282 409 92 578 176 442047 Total 2633 1892 71.86 %289 449 79 731 166 442048 Total 2084 1309 62.81 %247 344 50 448 111 Printed: Thursday, December 1, 2022 4:16 PM Page 12297 of 15484Data Refreshed: Thursday, December 1, 2022 4:09 PM Riverside Riverside 2022 General District Canvass November 8, 2022 Item 0A-12 1 Palm Desert City Council District 2 1 1 1 1 1 Registered VotersVoters CastTurnout (%)GREGG AKKERMANEVAN TRUBEEGREGORY MEINHARDTJAN C. HARNIKCARLOS E. GARCIA442049 Total 1620 1016 62.72 %175 230 34 389 92 442060 Total 620 363 58.55 %80 79 10 125 36 442062 Total 23 21 91.30 %3 11 4 Unincorporated - Elementary School Districts sub-district Total 27655 17857 64.57 %3045 3701 823 6749 1791 442000 Total 0 0 442004 Total 4105 2567 62.53 %462 472 121 889 379 442005 Total 0 0 442010 Total 2606 1766 67.77 %352 286 87 635 205 442012 Total 2306 1611 69.86 %233 351 64 703 113 442021 Total 2509 1789 71.30 %246 358 91 796 103 442022 Total 1576 873 55.39 %140 166 62 326 87 442024 Total 2965 2146 72.38 %386 365 108 858 220 442029 Total 367 239 65.12 %58 49 13 76 21 442032 Total 1079 551 51.07 %92 143 12 184 78 442037 Total 3162 1714 54.21 %282 409 92 578 176 442047 Total 2633 1892 71.86 %289 449 79 731 166 442048 Total 2084 1309 62.81 %247 344 50 448 111 442049 Total 1620 1016 62.72 %175 230 34 389 92 442060 Total 620 363 58.55 %80 79 10 125 36 442062 Total 23 21 91.30 %3 11 4 Riverside County Total 27655 17857 64.57 %3045 3701 823 6749 1791 442000 Total 0 0 442004 Total 4105 2567 62.53 %462 472 121 889 379 442005 Total 0 0 442010 Total 2606 1766 67.77 %352 286 87 635 205 442012 Total 2306 1611 69.86 %233 351 64 703 113 442021 Total 2509 1789 71.30 %246 358 91 796 103 442022 Total 1576 873 55.39 %140 166 62 326 87 442024 Total 2965 2146 72.38 %386 365 108 858 220 442029 Total 367 239 65.12 %58 49 13 76 21 442032 Total 1079 551 51.07 %92 143 12 184 78 442037 Total 3162 1714 54.21 %282 409 92 578 176 442047 Total 2633 1892 71.86 %289 449 79 731 166 442048 Total 2084 1309 62.81 %247 344 50 448 111 442049 Total 1620 1016 62.72 %175 230 34 389 92 442060 Total 620 363 58.55 %80 79 10 125 36 442062 Total 23 21 91.30 %3 11 4 4th Supervisorial District Total 27655 17857 64.57 %3045 3701 823 6749 1791 442000 Total 0 0 442004 Total 4105 2567 62.53 %462 472 121 889 379 442005 Total 0 0 Printed: Thursday, December 1, 2022 4:16 PM Page 12298 of 15484Data Refreshed: Thursday, December 1, 2022 4:09 PM Riverside Riverside 2022 General District Canvass November 8, 2022 Item 0A-13 1 Palm Desert City Council District 2 1 1 1 1 1 Registered VotersVoters CastTurnout (%)GREGG AKKERMANEVAN TRUBEEGREGORY MEINHARDTJAN C. HARNIKCARLOS E. GARCIA442010 Total 2606 1766 67.77 %352 286 87 635 205 442012 Total 2306 1611 69.86 %233 351 64 703 113 442021 Total 2509 1789 71.30 %246 358 91 796 103 442022 Total 1576 873 55.39 %140 166 62 326 87 442024 Total 2965 2146 72.38 %386 365 108 858 220 442029 Total 367 239 65.12 %58 49 13 76 21 442032 Total 1079 551 51.07 %92 143 12 184 78 442037 Total 3162 1714 54.21 %282 409 92 578 176 442047 Total 2633 1892 71.86 %289 449 79 731 166 442048 Total 2084 1309 62.81 %247 344 50 448 111 442049 Total 1620 1016 62.72 %175 230 34 389 92 442060 Total 620 363 58.55 %80 79 10 125 36 442062 Total 23 21 91.30 %3 11 4 City of Palm Desert Total 27655 17857 64.57 %3045 3701 823 6749 1791 442000 Total 0 0 442004 Total 4105 2567 62.53 %462 472 121 889 379 442005 Total 0 0 442010 Total 2606 1766 67.77 %352 286 87 635 205 442012 Total 2306 1611 69.86 %233 351 64 703 113 442021 Total 2509 1789 71.30 %246 358 91 796 103 442022 Total 1576 873 55.39 %140 166 62 326 87 442024 Total 2965 2146 72.38 %386 365 108 858 220 442029 Total 367 239 65.12 %58 49 13 76 21 442032 Total 1079 551 51.07 %92 143 12 184 78 442037 Total 3162 1714 54.21 %282 409 92 578 176 442047 Total 2633 1892 71.86 %289 449 79 731 166 442048 Total 2084 1309 62.81 %247 344 50 448 111 442049 Total 1620 1016 62.72 %175 230 34 389 92 442060 Total 620 363 58.55 %80 79 10 125 36 442062 Total 23 21 91.30 %3 11 4 City of Palm Desert District 2 Total 27655 17857 64.57 %3045 3701 823 6749 1791 442000 Total 0 0 442004 Total 4105 2567 62.53 %462 472 121 889 379 442005 Total 0 0 442010 Total 2606 1766 67.77 %352 286 87 635 205 442012 Total 2306 1611 69.86 %233 351 64 703 113 442021 Total 2509 1789 71.30 %246 358 91 796 103 442022 Total 1576 873 55.39 %140 166 62 326 87 442024 Total 2965 2146 72.38 %386 365 108 858 220 442029 Total 367 239 65.12 %58 49 13 76 21 442032 Total 1079 551 51.07 %92 143 12 184 78 442037 Total 3162 1714 54.21 %282 409 92 578 176 442047 Total 2633 1892 71.86 %289 449 79 731 166 442048 Total 2084 1309 62.81 %247 344 50 448 111 Printed: Thursday, December 1, 2022 4:16 PM Page 12299 of 15484Data Refreshed: Thursday, December 1, 2022 4:09 PM Riverside Riverside 2022 General District Canvass November 8, 2022 Item 0A-14 1 Palm Desert City Council District 2 1 1 1 1 1 Registered VotersVoters CastTurnout (%)GREGG AKKERMANEVAN TRUBEEGREGORY MEINHARDTJAN C. HARNIKCARLOS E. GARCIA442049 Total 1620 1016 62.72 %175 230 34 389 92 442060 Total 620 363 58.55 %80 79 10 125 36 442062 Total 23 21 91.30 %3 11 4 Unincorporated - Special Elections Total 27655 17857 64.57 %3045 3701 823 6749 1791 442000 Total 0 0 442004 Total 4105 2567 62.53 %462 472 121 889 379 442005 Total 0 0 442010 Total 2606 1766 67.77 %352 286 87 635 205 442012 Total 2306 1611 69.86 %233 351 64 703 113 442021 Total 2509 1789 71.30 %246 358 91 796 103 442022 Total 1576 873 55.39 %140 166 62 326 87 442024 Total 2965 2146 72.38 %386 365 108 858 220 442029 Total 367 239 65.12 %58 49 13 76 21 442032 Total 1079 551 51.07 %92 143 12 184 78 442037 Total 3162 1714 54.21 %282 409 92 578 176 442047 Total 2633 1892 71.86 %289 449 79 731 166 442048 Total 2084 1309 62.81 %247 344 50 448 111 442049 Total 1620 1016 62.72 %175 230 34 389 92 442060 Total 620 363 58.55 %80 79 10 125 36 442062 Total 23 21 91.30 %3 11 4 Unincorporated - Unincorporated Total 27655 17857 64.57 %3045 3701 823 6749 1791 442000 Total 0 0 442004 Total 4105 2567 62.53 %462 472 121 889 379 442005 Total 0 0 442010 Total 2606 1766 67.77 %352 286 87 635 205 442012 Total 2306 1611 69.86 %233 351 64 703 113 442021 Total 2509 1789 71.30 %246 358 91 796 103 442022 Total 1576 873 55.39 %140 166 62 326 87 442024 Total 2965 2146 72.38 %386 365 108 858 220 442029 Total 367 239 65.12 %58 49 13 76 21 442032 Total 1079 551 51.07 %92 143 12 184 78 442037 Total 3162 1714 54.21 %282 409 92 578 176 442047 Total 2633 1892 71.86 %289 449 79 731 166 442048 Total 2084 1309 62.81 %247 344 50 448 111 442049 Total 1620 1016 62.72 %175 230 34 389 92 442060 Total 620 363 58.55 %80 79 10 125 36 442062 Total 23 21 91.30 %3 11 4 Unincorporated - California Water Districts Total 27655 17857 64.57 %3045 3701 823 6749 1791 442000 Total 0 0 Printed: Thursday, December 1, 2022 4:16 PM Page 12300 of 15484Data Refreshed: Thursday, December 1, 2022 4:09 PM Riverside Riverside 2022 General District Canvass November 8, 2022 Item 0A-15 1 Palm Desert City Council District 2 1 1 1 1 1 Registered VotersVoters CastTurnout (%)GREGG AKKERMANEVAN TRUBEEGREGORY MEINHARDTJAN C. HARNIKCARLOS E. GARCIA442004 Total 4105 2567 62.53 %462 472 121 889 379 442005 Total 0 0 442010 Total 2606 1766 67.77 %352 286 87 635 205 442012 Total 2306 1611 69.86 %233 351 64 703 113 442021 Total 2509 1789 71.30 %246 358 91 796 103 442022 Total 1576 873 55.39 %140 166 62 326 87 442024 Total 2965 2146 72.38 %386 365 108 858 220 442029 Total 367 239 65.12 %58 49 13 76 21 442032 Total 1079 551 51.07 %92 143 12 184 78 442037 Total 3162 1714 54.21 %282 409 92 578 176 442047 Total 2633 1892 71.86 %289 449 79 731 166 442048 Total 2084 1309 62.81 %247 344 50 448 111 442049 Total 1620 1016 62.72 %175 230 34 389 92 442060 Total 620 363 58.55 %80 79 10 125 36 442062 Total 23 21 91.30 %3 11 4 Unincorporated - Community Services Districts Total 27655 17857 64.57 %3045 3701 823 6749 1791 442000 Total 0 0 Coachella Valley Water Dist Div 1 Total 0 0 442004 Total 4105 2567 62.53 %462 472 121 889 379 442005 Total 0 0 442010 Total 2606 1766 67.77 %352 286 87 635 205 442012 Total 2306 1611 69.86 %233 351 64 703 113 442021 Total 2509 1789 71.30 %246 358 91 796 103 442022 Total 1576 873 55.39 %140 166 62 326 87 442024 Total 2965 2146 72.38 %386 365 108 858 220 442029 Total 367 239 65.12 %58 49 13 76 21 442032 Total 1079 551 51.07 %92 143 12 184 78 442037 Total 3162 1714 54.21 %282 409 92 578 176 442047 Total 2633 1892 71.86 %289 449 79 731 166 442048 Total 2084 1309 62.81 %247 344 50 448 111 442049 Total 1620 1016 62.72 %175 230 34 389 92 442060 Total 620 363 58.55 %80 79 10 125 36 442062 Total 23 21 91.30 %3 11 4 Unincorporated - County Water Districts sub-district Total 27655 17857 64.57 %3045 3701 823 6749 1791 442000 Total 0 0 442004 Total 4105 2567 62.53 %462 472 121 889 379 442005 Total 0 0 442010 Total 2606 1766 67.77 %352 286 87 635 205 442012 Total 2306 1611 69.86 %233 351 64 703 113 Printed: Thursday, December 1, 2022 4:16 PM Page 12301 of 15484Data Refreshed: Thursday, December 1, 2022 4:09 PM Riverside Riverside 2022 General District Canvass November 8, 2022 Item 0A-16 1 Palm Desert City Council District 2 1 1 1 1 1 Registered VotersVoters CastTurnout (%)GREGG AKKERMANEVAN TRUBEEGREGORY MEINHARDTJAN C. HARNIKCARLOS E. GARCIA442021 Total 2509 1789 71.30 %246 358 91 796 103 442022 Total 1576 873 55.39 %140 166 62 326 87 442024 Total 2965 2146 72.38 %386 365 108 858 220 442029 Total 367 239 65.12 %58 49 13 76 21 442032 Total 1079 551 51.07 %92 143 12 184 78 442037 Total 3162 1714 54.21 %282 409 92 578 176 442047 Total 2633 1892 71.86 %289 449 79 731 166 442048 Total 2084 1309 62.81 %247 344 50 448 111 442049 Total 1620 1016 62.72 %175 230 34 389 92 442060 Total 620 363 58.55 %80 79 10 125 36 442062 Total 23 21 91.30 %3 11 4 Unincorporated - Fire Districts Total 27655 17857 64.57 %3045 3701 823 6749 1791 442000 Total 0 0 442004 Total 4105 2567 62.53 %462 472 121 889 379 442005 Total 0 0 442010 Total 2606 1766 67.77 %352 286 87 635 205 442012 Total 2306 1611 69.86 %233 351 64 703 113 442021 Total 2509 1789 71.30 %246 358 91 796 103 442022 Total 1576 873 55.39 %140 166 62 326 87 442024 Total 2965 2146 72.38 %386 365 108 858 220 442029 Total 367 239 65.12 %58 49 13 76 21 442032 Total 1079 551 51.07 %92 143 12 184 78 442037 Total 3162 1714 54.21 %282 409 92 578 176 442047 Total 2633 1892 71.86 %289 449 79 731 166 442048 Total 2084 1309 62.81 %247 344 50 448 111 442049 Total 1620 1016 62.72 %175 230 34 389 92 442060 Total 620 363 58.55 %80 79 10 125 36 442062 Total 23 21 91.30 %3 11 4 Unincorporated - Health Care Districts Total 27655 17857 64.57 %3045 3701 823 6749 1791 442000 Total 0 0 442004 Total 4105 2567 62.53 %462 472 121 889 379 442005 Total 0 0 442010 Total 2606 1766 67.77 %352 286 87 635 205 442012 Total 2306 1611 69.86 %233 351 64 703 113 442021 Total 2509 1789 71.30 %246 358 91 796 103 442022 Total 1576 873 55.39 %140 166 62 326 87 442024 Total 2965 2146 72.38 %386 365 108 858 220 442029 Total 367 239 65.12 %58 49 13 76 21 442032 Total 1079 551 51.07 %92 143 12 184 78 442037 Total 3162 1714 54.21 %282 409 92 578 176 442047 Total 2633 1892 71.86 %289 449 79 731 166 442048 Total 2084 1309 62.81 %247 344 50 448 111 442049 Total 1620 1016 62.72 %175 230 34 389 92 Printed: Thursday, December 1, 2022 4:16 PM Page 12302 of 15484Data Refreshed: Thursday, December 1, 2022 4:09 PM Riverside Riverside 2022 General District Canvass November 8, 2022 Item 0A-17 1 Palm Desert City Council District 2 1 1 1 1 1 Registered VotersVoters CastTurnout (%)GREGG AKKERMANEVAN TRUBEEGREGORY MEINHARDTJAN C. HARNIKCARLOS E. GARCIA442060 Total 620 363 58.55 %80 79 10 125 36 442062 Total 23 21 91.30 %3 11 4 Unincorporated - Health Care Districts sub-district Total 27655 17857 64.57 %3045 3701 823 6749 1791 442000 Total 0 0 442004 Total 4105 2567 62.53 %462 472 121 889 379 442005 Total 0 0 442010 Total 2606 1766 67.77 %352 286 87 635 205 442012 Total 2306 1611 69.86 %233 351 64 703 113 442021 Total 2509 1789 71.30 %246 358 91 796 103 442022 Total 1576 873 55.39 %140 166 62 326 87 442024 Total 2965 2146 72.38 %386 365 108 858 220 442029 Total 367 239 65.12 %58 49 13 76 21 442032 Total 1079 551 51.07 %92 143 12 184 78 442037 Total 3162 1714 54.21 %282 409 92 578 176 442047 Total 2633 1892 71.86 %289 449 79 731 166 442048 Total 2084 1309 62.81 %247 344 50 448 111 442049 Total 1620 1016 62.72 %175 230 34 389 92 442060 Total 620 363 58.55 %80 79 10 125 36 442062 Total 23 21 91.30 %3 11 4 Unincorporated - Library Districts Total 27655 17857 64.57 %3045 3701 823 6749 1791 442000 Total 0 0 442004 Total 4105 2567 62.53 %462 472 121 889 379 442005 Total 0 0 442010 Total 2606 1766 67.77 %352 286 87 635 205 442012 Total 2306 1611 69.86 %233 351 64 703 113 442021 Total 2509 1789 71.30 %246 358 91 796 103 442022 Total 1576 873 55.39 %140 166 62 326 87 442024 Total 2965 2146 72.38 %386 365 108 858 220 442029 Total 367 239 65.12 %58 49 13 76 21 442032 Total 1079 551 51.07 %92 143 12 184 78 442037 Total 3162 1714 54.21 %282 409 92 578 176 442047 Total 2633 1892 71.86 %289 449 79 731 166 442048 Total 2084 1309 62.81 %247 344 50 448 111 442049 Total 1620 1016 62.72 %175 230 34 389 92 442060 Total 620 363 58.55 %80 79 10 125 36 442062 Total 23 21 91.30 %3 11 4 Unincorporated - Municipal Water Districts sub-district Total 27655 17857 64.57 %3045 3701 823 6749 1791 442000 Total 0 0 442004 Total 4105 2567 62.53 %462 472 121 889 379 Printed: Thursday, December 1, 2022 4:16 PM Page 12303 of 15484Data Refreshed: Thursday, December 1, 2022 4:09 PM Riverside Riverside 2022 General District Canvass November 8, 2022 Item 0A-18 1 Palm Desert City Council District 2 1 1 1 1 1 Registered VotersVoters CastTurnout (%)GREGG AKKERMANEVAN TRUBEEGREGORY MEINHARDTJAN C. HARNIKCARLOS E. GARCIA442005 Total 0 0 442010 Total 2606 1766 67.77 %352 286 87 635 205 442012 Total 2306 1611 69.86 %233 351 64 703 113 442021 Total 2509 1789 71.30 %246 358 91 796 103 442022 Total 1576 873 55.39 %140 166 62 326 87 442024 Total 2965 2146 72.38 %386 365 108 858 220 442029 Total 367 239 65.12 %58 49 13 76 21 442032 Total 1079 551 51.07 %92 143 12 184 78 442037 Total 3162 1714 54.21 %282 409 92 578 176 442047 Total 2633 1892 71.86 %289 449 79 731 166 442048 Total 2084 1309 62.81 %247 344 50 448 111 442049 Total 1620 1016 62.72 %175 230 34 389 92 442060 Total 620 363 58.55 %80 79 10 125 36 442062 Total 23 21 91.30 %3 11 4 Unincorporated - Recreation & Parks Districts Total 27655 17857 64.57 %3045 3701 823 6749 1791 442000 Total 0 0 442004 Total 4105 2567 62.53 %462 472 121 889 379 442005 Total 0 0 442010 Total 2606 1766 67.77 %352 286 87 635 205 442012 Total 2306 1611 69.86 %233 351 64 703 113 442021 Total 2509 1789 71.30 %246 358 91 796 103 442022 Total 1576 873 55.39 %140 166 62 326 87 442024 Total 2965 2146 72.38 %386 365 108 858 220 442029 Total 367 239 65.12 %58 49 13 76 21 442032 Total 1079 551 51.07 %92 143 12 184 78 442037 Total 3162 1714 54.21 %282 409 92 578 176 442047 Total 2633 1892 71.86 %289 449 79 731 166 442048 Total 2084 1309 62.81 %247 344 50 448 111 442049 Total 1620 1016 62.72 %175 230 34 389 92 442060 Total 620 363 58.55 %80 79 10 125 36 442062 Total 23 21 91.30 %3 11 4 Unincorporated - Recreation & Parks Districts sub-district Total 27655 17857 64.57 %3045 3701 823 6749 1791 442000 Total 0 0 442004 Total 4105 2567 62.53 %462 472 121 889 379 442005 Total 0 0 442010 Total 2606 1766 67.77 %352 286 87 635 205 442012 Total 2306 1611 69.86 %233 351 64 703 113 442021 Total 2509 1789 71.30 %246 358 91 796 103 442022 Total 1576 873 55.39 %140 166 62 326 87 442024 Total 2965 2146 72.38 %386 365 108 858 220 442029 Total 367 239 65.12 %58 49 13 76 21 442032 Total 1079 551 51.07 %92 143 12 184 78 442037 Total 3162 1714 54.21 %282 409 92 578 176 Printed: Thursday, December 1, 2022 4:16 PM Page 12304 of 15484Data Refreshed: Thursday, December 1, 2022 4:09 PM Riverside Riverside 2022 General District Canvass November 8, 2022 Item 0A-19 1 Palm Desert City Council District 2 1 1 1 1 1 Registered VotersVoters CastTurnout (%)GREGG AKKERMANEVAN TRUBEEGREGORY MEINHARDTJAN C. HARNIKCARLOS E. GARCIA442047 Total 2633 1892 71.86 %289 449 79 731 166 442048 Total 2084 1309 62.81 %247 344 50 448 111 442049 Total 1620 1016 62.72 %175 230 34 389 92 442060 Total 620 363 58.55 %80 79 10 125 36 442062 Total 23 21 91.30 %3 11 4 Unincorporated - Water Agencies sub-district Total 27655 17857 64.57 %3045 3701 823 6749 1791 Contest Total 27655 17857 64.57 %3045 3701 823 6749 1791 *** Indicates vote data was suppressed due to voter privacy settings. Printed: Thursday, December 1, 2022 4:16 PM Page 12305 of 15484Data Refreshed: Thursday, December 1, 2022 4:09 PM Riverside Riverside 2022 General District Canvass November 8, 2022 Item 0A-20 RCV Detailed Report Riverside November 08, 2022 General Election Palm Desert City Council District 2 Unofficial results Number of positions to elect is 2. Tabulation status:All Positions Filled Tabulation time:12/1/2022 2:57:47 PM Ties are resolved in accordance with election law. 12/01/2022 14:58:36Page: 1 / 5 Item 0A-21 Riverside Round 1 Threshold: 5,393.000000 Candidate Votes Percentage GREGG AKKERMAN 3,063.00000 0 18.93% EVAN TRUBEE 3,712.00000 0 22.95% GREGORY MEINHARDT 831.000000 5.14% JAN C. HARNIK 6,764.00000 0 41.81% CARLOS E. GARCIA 1,807.00000 0 11.17% Continuing Ballots Total 16,177.0000 00 Blanks 1,324.00000 0 Exhausted 0.000000 Overvotes 356.000000 Remainder Points 0.000000 Surplus Transfer Remainder 0.000000 Non Transferable Total 1,680.00000 0 Surplus 1,371.00000 0 JAN C. HARNIK is elected because the candidate reached the threshold value. JAN C. HARNIK is elected because the candidate reached the threshold value. Surplus transfer for candidate JAN C. HARNIK. 6764 ballots have been transferred in the following manner: Transferred from Transferred to Ballots Fraction Votes JAN C. HARNIK GREGG AKKERMAN 1355 0.202690 274.644950 JAN C. HARNIK EVAN TRUBEE 2674 0.202690 541.993060 JAN C. HARNIK GREGORY MEINHARDT 681 0.202690 138.031890 JAN C. HARNIK CARLOS E. GARCIA 1131 0.202690 229.242390 JAN C. HARNIK Exhausted 907 0.202690 183.839830 JAN C. HARNIK Overvotes 16 0.202690 3.243040 JAN C. HARNIK Surplus Transfer Remainder 0.004840 12/01/2022 14:58:36Page: 2 / 5 Item 0A-22 Round 2 Threshold: 5,330.000000 Candidate Votes Percentage GREGG AKKERMAN 3,337.64495 0 20.87% EVAN TRUBEE 4,253.99306 0 26.60% GREGORY MEINHARDT 969.031890 6.06% JAN C. HARNIK 5,393.00000 0 33.73% CARLOS E. GARCIA 2,036.24239 0 12.73% Continuing Ballots Total 15,989.9122 90 Blanks 1,324.00000 0 Exhausted 183.839830 Overvotes 359.243040 Remainder Points 0.000000 Surplus Transfer Remainder 0.004840 Non Transferable Total 1,867.08771 0 Surplus 0.000000 GREGORY MEINHARDT is eliminated because the candidate had the least amount of votes. GREGORY MEINHARDT is eliminated because the candidate had the least amount of votes. Elimination transfer for candidate GREGORY MEINHARDT. 1512 ballots have been transferred in the following manner: Transferred from Transferred to Ballots Fraction Votes GREGORY MEINHARDT GREGG AKKERMAN 183 0.202690 37.092270 GREGORY MEINHARDT GREGG AKKERMAN 200 1.000000 200.000000 GREGORY MEINHARDT EVAN TRUBEE 264 0.202690 53.510160 GREGORY MEINHARDT EVAN TRUBEE 351 1.000000 351.000000 GREGORY MEINHARDT CARLOS E. GARCIA 111 0.202690 22.498590 GREGORY MEINHARDT CARLOS E. GARCIA 132 1.000000 132.000000 GREGORY MEINHARDT Exhausted 122 0.202690 24.728180 GREGORY MEINHARDT Exhausted 140 1.000000 140.000000 GREGORY MEINHARDT Overvotes 1 0.202690 0.202690 GREGORY MEINHARDT Overvotes 8 1.000000 8.000000 12/01/2022 14:58:36Page: 3 / 5 Item 0A-23 Round 3 Threshold: 5,273.000000 Candidate Votes Percentage GREGG AKKERMAN 3,574.73722 0 22.60% EVAN TRUBEE 4,658.50322 0 29.45% GREGORY MEINHARDT 0.000000 0.00% JAN C. HARNIK 5,393.00000 0 34.10% CARLOS E. GARCIA 2,190.74098 0 13.85% Continuing Ballots Total 15,816.9814 20 Blanks 1,324.00000 0 Exhausted 348.568010 Overvotes 367.445730 Remainder Points 0.000000 Surplus Transfer Remainder 0.004840 Non Transferable Total 2,040.01858 0 Surplus 0.000000 CARLOS E. GARCIA is eliminated because the candidate had the least amount of votes. CARLOS E. GARCIA is eliminated because the candidate had the least amount of votes. Elimination transfer for candidate CARLOS E. GARCIA. 3181 ballots have been transferred in the following manner: Transferred from Transferred to Ballots Fraction Votes CARLOS E. GARCIA GREGG AKKERMAN 615 0.202690 124.654350 CARLOS E. GARCIA GREGG AKKERMAN 1165 1.000000 1,165.00000 0 CARLOS E. GARCIA EVAN TRUBEE 429 0.202690 86.954010 CARLOS E. GARCIA EVAN TRUBEE 507 1.000000 507.000000 CARLOS E. GARCIA Exhausted 193 0.202690 39.119170 CARLOS E. GARCIA Exhausted 254 1.000000 254.000000 CARLOS E. GARCIA Overvotes 5 0.202690 1.013450 CARLOS E. GARCIA Overvotes 13 1.000000 13.000000 12/01/2022 14:58:36Page: 4 / 5 Item 0A-24 Round 4 Threshold: 5,170.000000 Candidate Votes Percentage GREGG AKKERMAN 4,864.39157 0 31.36% EVAN TRUBEE 5,252.45723 0 33.87% GREGORY MEINHARDT 0.000000 0.00% JAN C. HARNIK 5,393.00000 0 34.77% CARLOS E. GARCIA 0.000000 0.00% Continuing Ballots Total 15,509.8488 00 Blanks 1,324.00000 0 Exhausted 641.687180 Overvotes 381.459180 Remainder Points 0.000000 Surplus Transfer Remainder 0.004840 Non Transferable Total 2,347.15120 0 Surplus 82.457230 GREGG AKKERMAN is eliminated because the candidate was not elected in the last round. EVAN TRUBEE is elected because the candidate reached the threshold value. 12/01/2022 14:58:36Page: 5 / 5 Item 0A-25 1 Measure B- City Of Palm Desert Divide District 2 Into Four Smaller Districts With All Voters Electing A Single Person From Th... 1 1 Registered VotersVoters CastTurnout (%)YesNo441001 Total 1583 678 42.83 %358 258 441005 Total 2213 1030 46.54 %558 381 441008 Total 377 189 50.13 %99 70 441010 Total 685 269 39.27 %120 120 442000 Total 0 0 442004 Total 4105 2656 64.70 %1355 1024 442005 Total 0 0 442010 Total 2606 1837 70.49 %944 676 442012 Total 2306 1670 72.42 %740 756 442021 Total 2509 1866 74.37 %873 771 442022 Total 1576 901 57.17 %390 403 442024 Total 2965 2202 74.27 %1046 928 442029 Total 367 250 68.12 %124 100 442032 Total 1079 570 52.83 %297 213 442037 Total 3162 1775 56.14 %846 748 442047 Total 2633 1948 73.98 %849 914 442048 Total 2084 1344 64.49 %570 634 442049 Total 1620 1054 65.06 %462 475 442060 Total 620 378 60.97 %185 157 442062 Total 23 22 95.65 %13 5 Electionwide Total 32513 20639 63.48 %9829 8633 441001 Total 1583 678 42.83 %358 258 441005 Total 2213 1030 46.54 %558 381 441008 Total 377 189 50.13 %99 70 441010 Total 685 269 39.27 %120 120 442000 Total 0 0 442004 Total 4105 2656 64.70 %1355 1024 442005 Total 0 0 442010 Total 2606 1837 70.49 %944 676 442012 Total 2306 1670 72.42 %740 756 442021 Total 2509 1866 74.37 %873 771 442022 Total 1576 901 57.17 %390 403 442024 Total 2965 2202 74.27 %1046 928 442029 Total 367 250 68.12 %124 100 442032 Total 1079 570 52.83 %297 213 442037 Total 3162 1775 56.14 %846 748 442047 Total 2633 1948 73.98 %849 914 442048 Total 2084 1344 64.49 %570 634 442049 Total 1620 1054 65.06 %462 475 442060 Total 620 378 60.97 %185 157 442062 Total 23 22 95.65 %13 5 California Total 32513 20639 63.48 %9829 8633 442005 Total 0 0 Printed: Thursday, December 1, 2022 4:16 PM Page 15310 of 15484Data Refreshed: Thursday, December 1, 2022 4:09 PM Riverside Riverside 2022 General District Canvass November 8, 2022 Item 0A-26 1 Measure B- City Of Palm Desert Divide District 2 Into Four Smaller Districts With All Voters Electing A Single Person From Th... 1 1 Registered VotersVoters CastTurnout (%)YesNo25th Congressional District (Por. Imp & SB) Total 0 0 441001 Total 1583 678 42.83 %358 258 441005 Total 2213 1030 46.54 %558 381 441008 Total 377 189 50.13 %99 70 441010 Total 685 269 39.27 %120 120 442000 Total 0 0 442004 Total 4105 2656 64.70 %1355 1024 442010 Total 2606 1837 70.49 %944 676 442012 Total 2306 1670 72.42 %740 756 442021 Total 2509 1866 74.37 %873 771 442022 Total 1576 901 57.17 %390 403 442024 Total 2965 2202 74.27 %1046 928 442029 Total 367 250 68.12 %124 100 442032 Total 1079 570 52.83 %297 213 442037 Total 3162 1775 56.14 %846 748 442047 Total 2633 1948 73.98 %849 914 442048 Total 2084 1344 64.49 %570 634 442049 Total 1620 1054 65.06 %462 475 442060 Total 620 378 60.97 %185 157 442062 Total 23 22 95.65 %13 5 41st Congressional District Total 32513 20639 63.48 %9829 8633 441001 Total 1583 678 42.83 %358 258 441005 Total 2213 1030 46.54 %558 381 441008 Total 377 189 50.13 %99 70 441010 Total 685 269 39.27 %120 120 442000 Total 0 0 442004 Total 4105 2656 64.70 %1355 1024 442005 Total 0 0 442010 Total 2606 1837 70.49 %944 676 442012 Total 2306 1670 72.42 %740 756 442021 Total 2509 1866 74.37 %873 771 442022 Total 1576 901 57.17 %390 403 442024 Total 2965 2202 74.27 %1046 928 442029 Total 367 250 68.12 %124 100 442032 Total 1079 570 52.83 %297 213 442037 Total 3162 1775 56.14 %846 748 442047 Total 2633 1948 73.98 %849 914 442048 Total 2084 1344 64.49 %570 634 442049 Total 1620 1054 65.06 %462 475 442060 Total 620 378 60.97 %185 157 442062 Total 23 22 95.65 %13 5 19th Senatorial District (Por. SB) Total 32513 20639 63.48 %9829 8633 Printed: Thursday, December 1, 2022 4:16 PM Page 15311 of 15484Data Refreshed: Thursday, December 1, 2022 4:09 PM Riverside Riverside 2022 General District Canvass November 8, 2022 Item 0A-27 1 Measure B- City Of Palm Desert Divide District 2 Into Four Smaller Districts With All Voters Electing A Single Person From Th... 1 1 Registered VotersVoters CastTurnout (%)YesNo441001 Total 1583 678 42.83 %358 258 441005 Total 2213 1030 46.54 %558 381 441008 Total 377 189 50.13 %99 70 441010 Total 685 269 39.27 %120 120 442000 Total 0 0 442004 Total 4105 2656 64.70 %1355 1024 442005 Total 0 0 442010 Total 2606 1837 70.49 %944 676 442012 Total 2306 1670 72.42 %740 756 442021 Total 2509 1866 74.37 %873 771 442022 Total 1576 901 57.17 %390 403 442024 Total 2965 2202 74.27 %1046 928 442029 Total 367 250 68.12 %124 100 442032 Total 1079 570 52.83 %297 213 442037 Total 3162 1775 56.14 %846 748 442047 Total 2633 1948 73.98 %849 914 442048 Total 2084 1344 64.49 %570 634 442049 Total 1620 1054 65.06 %462 475 442060 Total 620 378 60.97 %185 157 442062 Total 23 22 95.65 %13 5 47th Assembly District (Por. SB) Total 32513 20639 63.48 %9829 8633 441001 Total 1583 678 42.83 %358 258 441005 Total 2213 1030 46.54 %558 381 441008 Total 377 189 50.13 %99 70 441010 Total 685 269 39.27 %120 120 442000 Total 0 0 442004 Total 4105 2656 64.70 %1355 1024 442005 Total 0 0 442010 Total 2606 1837 70.49 %944 676 442012 Total 2306 1670 72.42 %740 756 442021 Total 2509 1866 74.37 %873 771 442022 Total 1576 901 57.17 %390 403 442024 Total 2965 2202 74.27 %1046 928 442029 Total 367 250 68.12 %124 100 442032 Total 1079 570 52.83 %297 213 442037 Total 3162 1775 56.14 %846 748 442047 Total 2633 1948 73.98 %849 914 442048 Total 2084 1344 64.49 %570 634 442049 Total 1620 1054 65.06 %462 475 442060 Total 620 378 60.97 %185 157 442062 Total 23 22 95.65 %13 5 St Bd of Equalization 4 (Por. SB, SD, Or & Imp) Total 32513 20639 63.48 %9829 8633 Printed: Thursday, December 1, 2022 4:16 PM Page 15312 of 15484Data Refreshed: Thursday, December 1, 2022 4:09 PM Riverside Riverside 2022 General District Canvass November 8, 2022 Item 0A-28 1 Measure B- City Of Palm Desert Divide District 2 Into Four Smaller Districts With All Voters Electing A Single Person From Th... 1 1 Registered VotersVoters CastTurnout (%)YesNo441001 Total 1583 678 42.83 %358 258 441005 Total 2213 1030 46.54 %558 381 441010 Total 685 269 39.27 %120 120 442000 Total 0 0 442004 Total 4105 2656 64.70 %1355 1024 442010 Total 2606 1837 70.49 %944 676 442024 Total 2965 2202 74.27 %1046 928 442029 Total 367 250 68.12 %124 100 442047 Total 2633 1948 73.98 %849 914 442048 Total 2084 1344 64.49 %570 634 442049 Total 1620 1054 65.06 %462 475 442060 Total 620 378 60.97 %185 157 442062 Total 23 22 95.65 %13 5 Desert Community College District/TA 4 Total 21504 13668 63.56 %6584 5672 441008 Total 377 189 50.13 %99 70 442005 Total 0 0 442012 Total 2306 1670 72.42 %740 756 442021 Total 2509 1866 74.37 %873 771 442022 Total 1576 901 57.17 %390 403 442032 Total 1079 570 52.83 %297 213 442037 Total 3162 1775 56.14 %846 748 Unincorporated - Community College Districts sub-district Total 11009 6971 63.32 %3245 2961 441001 Total 1583 678 42.83 %358 258 441005 Total 2213 1030 46.54 %558 381 441008 Total 377 189 50.13 %99 70 441010 Total 685 269 39.27 %120 120 442000 Total 0 0 442004 Total 4105 2656 64.70 %1355 1024 442005 Total 0 0 442010 Total 2606 1837 70.49 %944 676 442012 Total 2306 1670 72.42 %740 756 442021 Total 2509 1866 74.37 %873 771 442022 Total 1576 901 57.17 %390 403 442024 Total 2965 2202 74.27 %1046 928 442029 Total 367 250 68.12 %124 100 442032 Total 1079 570 52.83 %297 213 442037 Total 3162 1775 56.14 %846 748 442047 Total 2633 1948 73.98 %849 914 442048 Total 2084 1344 64.49 %570 634 442049 Total 1620 1054 65.06 %462 475 442060 Total 620 378 60.97 %185 157 442062 Total 23 22 95.65 %13 5 Printed: Thursday, December 1, 2022 4:16 PM Page 15313 of 15484Data Refreshed: Thursday, December 1, 2022 4:09 PM Riverside Riverside 2022 General District Canvass November 8, 2022 Item 0A-29 1 Measure B- City Of Palm Desert Divide District 2 Into Four Smaller Districts With All Voters Electing A Single Person From Th... 1 1 Registered VotersVoters CastTurnout (%)YesNoUnincorporated - Unified School Districts Total 32513 20639 63.48 %9829 8633 442021 Total 2509 1866 74.37 %873 771 442022 Total 1576 901 57.17 %390 403 442037 Total 3162 1775 56.14 %846 748 442060 Total 620 378 60.97 %185 157 442062 Total 23 22 95.65 %13 5 Desert Sands Unified School District TA/2 Total 7890 4942 62.64 %2307 2084 441001 Total 1583 678 42.83 %358 258 441005 Total 2213 1030 46.54 %558 381 441008 Total 377 189 50.13 %99 70 441010 Total 685 269 39.27 %120 120 442000 Total 0 0 442004 Total 4105 2656 64.70 %1355 1024 442005 Total 0 0 442010 Total 2606 1837 70.49 %944 676 442012 Total 2306 1670 72.42 %740 756 442024 Total 2965 2202 74.27 %1046 928 442029 Total 367 250 68.12 %124 100 442032 Total 1079 570 52.83 %297 213 442047 Total 2633 1948 73.98 %849 914 442048 Total 2084 1344 64.49 %570 634 442049 Total 1620 1054 65.06 %462 475 Unincorporated - Unified School Districts sub-district Total 24623 15697 63.75 %7522 6549 441001 Total 1583 678 42.83 %358 258 441005 Total 2213 1030 46.54 %558 381 441008 Total 377 189 50.13 %99 70 441010 Total 685 269 39.27 %120 120 442000 Total 0 0 442004 Total 4105 2656 64.70 %1355 1024 442005 Total 0 0 442010 Total 2606 1837 70.49 %944 676 442012 Total 2306 1670 72.42 %740 756 442021 Total 2509 1866 74.37 %873 771 442022 Total 1576 901 57.17 %390 403 442024 Total 2965 2202 74.27 %1046 928 442029 Total 367 250 68.12 %124 100 442032 Total 1079 570 52.83 %297 213 442037 Total 3162 1775 56.14 %846 748 442047 Total 2633 1948 73.98 %849 914 442048 Total 2084 1344 64.49 %570 634 Printed: Thursday, December 1, 2022 4:16 PM Page 15314 of 15484Data Refreshed: Thursday, December 1, 2022 4:09 PM Riverside Riverside 2022 General District Canvass November 8, 2022 Item 0A-30 1 Measure B- City Of Palm Desert Divide District 2 Into Four Smaller Districts With All Voters Electing A Single Person From Th... 1 1 Registered VotersVoters CastTurnout (%)YesNo442049 Total 1620 1054 65.06 %462 475 442060 Total 620 378 60.97 %185 157 442062 Total 23 22 95.65 %13 5 Unincorporated - Union High School Districts sub-district Total 32513 20639 63.48 %9829 8633 441001 Total 1583 678 42.83 %358 258 441005 Total 2213 1030 46.54 %558 381 441008 Total 377 189 50.13 %99 70 441010 Total 685 269 39.27 %120 120 442000 Total 0 0 442004 Total 4105 2656 64.70 %1355 1024 442005 Total 0 0 442010 Total 2606 1837 70.49 %944 676 442012 Total 2306 1670 72.42 %740 756 442021 Total 2509 1866 74.37 %873 771 442022 Total 1576 901 57.17 %390 403 442024 Total 2965 2202 74.27 %1046 928 442029 Total 367 250 68.12 %124 100 442032 Total 1079 570 52.83 %297 213 442037 Total 3162 1775 56.14 %846 748 442047 Total 2633 1948 73.98 %849 914 442048 Total 2084 1344 64.49 %570 634 442049 Total 1620 1054 65.06 %462 475 442060 Total 620 378 60.97 %185 157 442062 Total 23 22 95.65 %13 5 Unincorporated - Elementary School Districts Total 32513 20639 63.48 %9829 8633 441001 Total 1583 678 42.83 %358 258 441005 Total 2213 1030 46.54 %558 381 441008 Total 377 189 50.13 %99 70 441010 Total 685 269 39.27 %120 120 442000 Total 0 0 442004 Total 4105 2656 64.70 %1355 1024 442005 Total 0 0 442010 Total 2606 1837 70.49 %944 676 442012 Total 2306 1670 72.42 %740 756 442021 Total 2509 1866 74.37 %873 771 442022 Total 1576 901 57.17 %390 403 442024 Total 2965 2202 74.27 %1046 928 442029 Total 367 250 68.12 %124 100 442032 Total 1079 570 52.83 %297 213 442037 Total 3162 1775 56.14 %846 748 442047 Total 2633 1948 73.98 %849 914 442048 Total 2084 1344 64.49 %570 634 442049 Total 1620 1054 65.06 %462 475 Printed: Thursday, December 1, 2022 4:16 PM Page 15315 of 15484Data Refreshed: Thursday, December 1, 2022 4:09 PM Riverside Riverside 2022 General District Canvass November 8, 2022 Item 0A-31 1 Measure B- City Of Palm Desert Divide District 2 Into Four Smaller Districts With All Voters Electing A Single Person From Th... 1 1 Registered VotersVoters CastTurnout (%)YesNo442060 Total 620 378 60.97 %185 157 442062 Total 23 22 95.65 %13 5 Unincorporated - Elementary School Districts sub-district Total 32513 20639 63.48 %9829 8633 441001 Total 1583 678 42.83 %358 258 441005 Total 2213 1030 46.54 %558 381 441008 Total 377 189 50.13 %99 70 441010 Total 685 269 39.27 %120 120 442000 Total 0 0 442004 Total 4105 2656 64.70 %1355 1024 442005 Total 0 0 442010 Total 2606 1837 70.49 %944 676 442012 Total 2306 1670 72.42 %740 756 442021 Total 2509 1866 74.37 %873 771 442022 Total 1576 901 57.17 %390 403 442024 Total 2965 2202 74.27 %1046 928 442029 Total 367 250 68.12 %124 100 442032 Total 1079 570 52.83 %297 213 442037 Total 3162 1775 56.14 %846 748 442047 Total 2633 1948 73.98 %849 914 442048 Total 2084 1344 64.49 %570 634 442049 Total 1620 1054 65.06 %462 475 442060 Total 620 378 60.97 %185 157 442062 Total 23 22 95.65 %13 5 Riverside County Total 32513 20639 63.48 %9829 8633 441001 Total 1583 678 42.83 %358 258 441005 Total 2213 1030 46.54 %558 381 441008 Total 377 189 50.13 %99 70 441010 Total 685 269 39.27 %120 120 442000 Total 0 0 442004 Total 4105 2656 64.70 %1355 1024 442005 Total 0 0 442010 Total 2606 1837 70.49 %944 676 442012 Total 2306 1670 72.42 %740 756 442021 Total 2509 1866 74.37 %873 771 442022 Total 1576 901 57.17 %390 403 442024 Total 2965 2202 74.27 %1046 928 442029 Total 367 250 68.12 %124 100 442032 Total 1079 570 52.83 %297 213 442037 Total 3162 1775 56.14 %846 748 442047 Total 2633 1948 73.98 %849 914 442048 Total 2084 1344 64.49 %570 634 442049 Total 1620 1054 65.06 %462 475 442060 Total 620 378 60.97 %185 157 Printed: Thursday, December 1, 2022 4:16 PM Page 15316 of 15484Data Refreshed: Thursday, December 1, 2022 4:09 PM Riverside Riverside 2022 General District Canvass November 8, 2022 Item 0A-32 1 Measure B- City Of Palm Desert Divide District 2 Into Four Smaller Districts With All Voters Electing A Single Person From Th... 1 1 Registered VotersVoters CastTurnout (%)YesNo442062 Total 23 22 95.65 %13 5 4th Supervisorial District Total 32513 20639 63.48 %9829 8633 441001 Total 1583 678 42.83 %358 258 441005 Total 2213 1030 46.54 %558 381 441008 Total 377 189 50.13 %99 70 441010 Total 685 269 39.27 %120 120 442000 Total 0 0 442004 Total 4105 2656 64.70 %1355 1024 442005 Total 0 0 442010 Total 2606 1837 70.49 %944 676 442012 Total 2306 1670 72.42 %740 756 442021 Total 2509 1866 74.37 %873 771 442022 Total 1576 901 57.17 %390 403 442024 Total 2965 2202 74.27 %1046 928 442029 Total 367 250 68.12 %124 100 442032 Total 1079 570 52.83 %297 213 442037 Total 3162 1775 56.14 %846 748 442047 Total 2633 1948 73.98 %849 914 442048 Total 2084 1344 64.49 %570 634 442049 Total 1620 1054 65.06 %462 475 442060 Total 620 378 60.97 %185 157 442062 Total 23 22 95.65 %13 5 City of Palm Desert Total 32513 20639 63.48 %9829 8633 441001 Total 1583 678 42.83 %358 258 441005 Total 2213 1030 46.54 %558 381 441008 Total 377 189 50.13 %99 70 441010 Total 685 269 39.27 %120 120 City of Palm Desert District 1 Total 4858 2166 44.59 %1135 829 442000 Total 0 0 442004 Total 4105 2656 64.70 %1355 1024 442005 Total 0 0 442010 Total 2606 1837 70.49 %944 676 442012 Total 2306 1670 72.42 %740 756 442021 Total 2509 1866 74.37 %873 771 442022 Total 1576 901 57.17 %390 403 442024 Total 2965 2202 74.27 %1046 928 442029 Total 367 250 68.12 %124 100 442032 Total 1079 570 52.83 %297 213 442037 Total 3162 1775 56.14 %846 748 442047 Total 2633 1948 73.98 %849 914 442048 Total 2084 1344 64.49 %570 634 442049 Total 1620 1054 65.06 %462 475 Printed: Thursday, December 1, 2022 4:16 PM Page 15317 of 15484Data Refreshed: Thursday, December 1, 2022 4:09 PM Riverside Riverside 2022 General District Canvass November 8, 2022 Item 0A-33 1 Measure B- City Of Palm Desert Divide District 2 Into Four Smaller Districts With All Voters Electing A Single Person From Th... 1 1 Registered VotersVoters CastTurnout (%)YesNo442060 Total 620 378 60.97 %185 157 442062 Total 23 22 95.65 %13 5 City of Palm Desert District 2 Total 27655 18473 66.80 %8694 7804 441001 Total 1583 678 42.83 %358 258 441005 Total 2213 1030 46.54 %558 381 441008 Total 377 189 50.13 %99 70 441010 Total 685 269 39.27 %120 120 442000 Total 0 0 442004 Total 4105 2656 64.70 %1355 1024 442005 Total 0 0 442010 Total 2606 1837 70.49 %944 676 442012 Total 2306 1670 72.42 %740 756 442021 Total 2509 1866 74.37 %873 771 442022 Total 1576 901 57.17 %390 403 442024 Total 2965 2202 74.27 %1046 928 442029 Total 367 250 68.12 %124 100 442032 Total 1079 570 52.83 %297 213 442037 Total 3162 1775 56.14 %846 748 442047 Total 2633 1948 73.98 %849 914 442048 Total 2084 1344 64.49 %570 634 442049 Total 1620 1054 65.06 %462 475 442060 Total 620 378 60.97 %185 157 442062 Total 23 22 95.65 %13 5 Unincorporated - Special Elections Total 32513 20639 63.48 %9829 8633 441001 Total 1583 678 42.83 %358 258 441005 Total 2213 1030 46.54 %558 381 441008 Total 377 189 50.13 %99 70 441010 Total 685 269 39.27 %120 120 442000 Total 0 0 442004 Total 4105 2656 64.70 %1355 1024 442005 Total 0 0 442010 Total 2606 1837 70.49 %944 676 442012 Total 2306 1670 72.42 %740 756 442021 Total 2509 1866 74.37 %873 771 442022 Total 1576 901 57.17 %390 403 442024 Total 2965 2202 74.27 %1046 928 442029 Total 367 250 68.12 %124 100 442032 Total 1079 570 52.83 %297 213 442037 Total 3162 1775 56.14 %846 748 442047 Total 2633 1948 73.98 %849 914 442048 Total 2084 1344 64.49 %570 634 442049 Total 1620 1054 65.06 %462 475 442060 Total 620 378 60.97 %185 157 Printed: Thursday, December 1, 2022 4:16 PM Page 15318 of 15484Data Refreshed: Thursday, December 1, 2022 4:09 PM Riverside Riverside 2022 General District Canvass November 8, 2022 Item 0A-34 1 Measure B- City Of Palm Desert Divide District 2 Into Four Smaller Districts With All Voters Electing A Single Person From Th... 1 1 Registered VotersVoters CastTurnout (%)YesNo442062 Total 23 22 95.65 %13 5 Unincorporated - Unincorporated Total 32513 20639 63.48 %9829 8633 441001 Total 1583 678 42.83 %358 258 441005 Total 2213 1030 46.54 %558 381 441008 Total 377 189 50.13 %99 70 441010 Total 685 269 39.27 %120 120 442000 Total 0 0 442004 Total 4105 2656 64.70 %1355 1024 442005 Total 0 0 442010 Total 2606 1837 70.49 %944 676 442012 Total 2306 1670 72.42 %740 756 442021 Total 2509 1866 74.37 %873 771 442022 Total 1576 901 57.17 %390 403 442024 Total 2965 2202 74.27 %1046 928 442029 Total 367 250 68.12 %124 100 442032 Total 1079 570 52.83 %297 213 442037 Total 3162 1775 56.14 %846 748 442047 Total 2633 1948 73.98 %849 914 442048 Total 2084 1344 64.49 %570 634 442049 Total 1620 1054 65.06 %462 475 442060 Total 620 378 60.97 %185 157 442062 Total 23 22 95.65 %13 5 Unincorporated - California Water Districts Total 32513 20639 63.48 %9829 8633 441001 Total 1583 678 42.83 %358 258 441005 Total 2213 1030 46.54 %558 381 441008 Total 377 189 50.13 %99 70 441010 Total 685 269 39.27 %120 120 442000 Total 0 0 442004 Total 4105 2656 64.70 %1355 1024 442005 Total 0 0 442010 Total 2606 1837 70.49 %944 676 442012 Total 2306 1670 72.42 %740 756 442021 Total 2509 1866 74.37 %873 771 442022 Total 1576 901 57.17 %390 403 442024 Total 2965 2202 74.27 %1046 928 442029 Total 367 250 68.12 %124 100 442032 Total 1079 570 52.83 %297 213 442037 Total 3162 1775 56.14 %846 748 442047 Total 2633 1948 73.98 %849 914 442048 Total 2084 1344 64.49 %570 634 442049 Total 1620 1054 65.06 %462 475 442060 Total 620 378 60.97 %185 157 442062 Total 23 22 95.65 %13 5 Printed: Thursday, December 1, 2022 4:16 PM Page 15319 of 15484Data Refreshed: Thursday, December 1, 2022 4:09 PM Riverside Riverside 2022 General District Canvass November 8, 2022 Item 0A-35 1 Measure B- City Of Palm Desert Divide District 2 Into Four Smaller Districts With All Voters Electing A Single Person From Th... 1 1 Registered VotersVoters CastTurnout (%)YesNoUnincorporated - Community Services Districts Total 32513 20639 63.48 %9829 8633 442000 Total 0 0 Coachella Valley Water Dist Div 1 Total 0 0 441001 Total 1583 678 42.83 %358 258 441005 Total 2213 1030 46.54 %558 381 441008 Total 377 189 50.13 %99 70 441010 Total 685 269 39.27 %120 120 442004 Total 4105 2656 64.70 %1355 1024 442005 Total 0 0 442010 Total 2606 1837 70.49 %944 676 442012 Total 2306 1670 72.42 %740 756 442021 Total 2509 1866 74.37 %873 771 442022 Total 1576 901 57.17 %390 403 442024 Total 2965 2202 74.27 %1046 928 442029 Total 367 250 68.12 %124 100 442032 Total 1079 570 52.83 %297 213 442037 Total 3162 1775 56.14 %846 748 442047 Total 2633 1948 73.98 %849 914 442048 Total 2084 1344 64.49 %570 634 442049 Total 1620 1054 65.06 %462 475 442060 Total 620 378 60.97 %185 157 442062 Total 23 22 95.65 %13 5 Unincorporated - County Water Districts sub-district Total 32513 20639 63.48 %9829 8633 441001 Total 1583 678 42.83 %358 258 441005 Total 2213 1030 46.54 %558 381 441008 Total 377 189 50.13 %99 70 441010 Total 685 269 39.27 %120 120 442000 Total 0 0 442004 Total 4105 2656 64.70 %1355 1024 442005 Total 0 0 442010 Total 2606 1837 70.49 %944 676 442012 Total 2306 1670 72.42 %740 756 442021 Total 2509 1866 74.37 %873 771 442022 Total 1576 901 57.17 %390 403 442024 Total 2965 2202 74.27 %1046 928 442029 Total 367 250 68.12 %124 100 442032 Total 1079 570 52.83 %297 213 442037 Total 3162 1775 56.14 %846 748 442047 Total 2633 1948 73.98 %849 914 442048 Total 2084 1344 64.49 %570 634 Printed: Thursday, December 1, 2022 4:16 PM Page 15320 of 15484Data Refreshed: Thursday, December 1, 2022 4:09 PM Riverside Riverside 2022 General District Canvass November 8, 2022 Item 0A-36 1 Measure B- City Of Palm Desert Divide District 2 Into Four Smaller Districts With All Voters Electing A Single Person From Th... 1 1 Registered VotersVoters CastTurnout (%)YesNo442049 Total 1620 1054 65.06 %462 475 442060 Total 620 378 60.97 %185 157 442062 Total 23 22 95.65 %13 5 Unincorporated - Fire Districts Total 32513 20639 63.48 %9829 8633 441001 Total 1583 678 42.83 %358 258 441005 Total 2213 1030 46.54 %558 381 441008 Total 377 189 50.13 %99 70 441010 Total 685 269 39.27 %120 120 442000 Total 0 0 442004 Total 4105 2656 64.70 %1355 1024 442005 Total 0 0 442010 Total 2606 1837 70.49 %944 676 442012 Total 2306 1670 72.42 %740 756 442021 Total 2509 1866 74.37 %873 771 442022 Total 1576 901 57.17 %390 403 442024 Total 2965 2202 74.27 %1046 928 442029 Total 367 250 68.12 %124 100 442032 Total 1079 570 52.83 %297 213 442037 Total 3162 1775 56.14 %846 748 442047 Total 2633 1948 73.98 %849 914 442048 Total 2084 1344 64.49 %570 634 442049 Total 1620 1054 65.06 %462 475 442060 Total 620 378 60.97 %185 157 442062 Total 23 22 95.65 %13 5 Unincorporated - Health Care Districts Total 32513 20639 63.48 %9829 8633 441001 Total 1583 678 42.83 %358 258 441005 Total 2213 1030 46.54 %558 381 441008 Total 377 189 50.13 %99 70 441010 Total 685 269 39.27 %120 120 442000 Total 0 0 442004 Total 4105 2656 64.70 %1355 1024 442005 Total 0 0 442010 Total 2606 1837 70.49 %944 676 442012 Total 2306 1670 72.42 %740 756 442021 Total 2509 1866 74.37 %873 771 442022 Total 1576 901 57.17 %390 403 442024 Total 2965 2202 74.27 %1046 928 442029 Total 367 250 68.12 %124 100 442032 Total 1079 570 52.83 %297 213 442037 Total 3162 1775 56.14 %846 748 442047 Total 2633 1948 73.98 %849 914 442048 Total 2084 1344 64.49 %570 634 442049 Total 1620 1054 65.06 %462 475 Printed: Thursday, December 1, 2022 4:16 PM Page 15321 of 15484Data Refreshed: Thursday, December 1, 2022 4:09 PM Riverside Riverside 2022 General District Canvass November 8, 2022 Item 0A-37 1 Measure B- City Of Palm Desert Divide District 2 Into Four Smaller Districts With All Voters Electing A Single Person From Th... 1 1 Registered VotersVoters CastTurnout (%)YesNo442060 Total 620 378 60.97 %185 157 442062 Total 23 22 95.65 %13 5 Unincorporated - Health Care Districts sub-district Total 32513 20639 63.48 %9829 8633 441001 Total 1583 678 42.83 %358 258 441005 Total 2213 1030 46.54 %558 381 441008 Total 377 189 50.13 %99 70 441010 Total 685 269 39.27 %120 120 442000 Total 0 0 442004 Total 4105 2656 64.70 %1355 1024 442005 Total 0 0 442010 Total 2606 1837 70.49 %944 676 442012 Total 2306 1670 72.42 %740 756 442021 Total 2509 1866 74.37 %873 771 442022 Total 1576 901 57.17 %390 403 442024 Total 2965 2202 74.27 %1046 928 442029 Total 367 250 68.12 %124 100 442032 Total 1079 570 52.83 %297 213 442037 Total 3162 1775 56.14 %846 748 442047 Total 2633 1948 73.98 %849 914 442048 Total 2084 1344 64.49 %570 634 442049 Total 1620 1054 65.06 %462 475 442060 Total 620 378 60.97 %185 157 442062 Total 23 22 95.65 %13 5 Unincorporated - Library Districts Total 32513 20639 63.48 %9829 8633 441001 Total 1583 678 42.83 %358 258 441005 Total 2213 1030 46.54 %558 381 441008 Total 377 189 50.13 %99 70 441010 Total 685 269 39.27 %120 120 442000 Total 0 0 442004 Total 4105 2656 64.70 %1355 1024 442005 Total 0 0 442010 Total 2606 1837 70.49 %944 676 442012 Total 2306 1670 72.42 %740 756 442021 Total 2509 1866 74.37 %873 771 442022 Total 1576 901 57.17 %390 403 442024 Total 2965 2202 74.27 %1046 928 442029 Total 367 250 68.12 %124 100 442032 Total 1079 570 52.83 %297 213 442037 Total 3162 1775 56.14 %846 748 442047 Total 2633 1948 73.98 %849 914 442048 Total 2084 1344 64.49 %570 634 442049 Total 1620 1054 65.06 %462 475 442060 Total 620 378 60.97 %185 157 Printed: Thursday, December 1, 2022 4:16 PM Page 15322 of 15484Data Refreshed: Thursday, December 1, 2022 4:09 PM Riverside Riverside 2022 General District Canvass November 8, 2022 Item 0A-38 1 Measure B- City Of Palm Desert Divide District 2 Into Four Smaller Districts With All Voters Electing A Single Person From Th... 1 1 Registered VotersVoters CastTurnout (%)YesNo442062 Total 23 22 95.65 %13 5 Unincorporated - Municipal Water Districts sub-district Total 32513 20639 63.48 %9829 8633 441001 Total 1583 678 42.83 %358 258 441005 Total 2213 1030 46.54 %558 381 441008 Total 377 189 50.13 %99 70 441010 Total 685 269 39.27 %120 120 442000 Total 0 0 442004 Total 4105 2656 64.70 %1355 1024 442005 Total 0 0 442010 Total 2606 1837 70.49 %944 676 442012 Total 2306 1670 72.42 %740 756 442021 Total 2509 1866 74.37 %873 771 442022 Total 1576 901 57.17 %390 403 442024 Total 2965 2202 74.27 %1046 928 442029 Total 367 250 68.12 %124 100 442032 Total 1079 570 52.83 %297 213 442037 Total 3162 1775 56.14 %846 748 442047 Total 2633 1948 73.98 %849 914 442048 Total 2084 1344 64.49 %570 634 442049 Total 1620 1054 65.06 %462 475 442060 Total 620 378 60.97 %185 157 442062 Total 23 22 95.65 %13 5 Unincorporated - Recreation & Parks Districts Total 32513 20639 63.48 %9829 8633 441001 Total 1583 678 42.83 %358 258 441005 Total 2213 1030 46.54 %558 381 441008 Total 377 189 50.13 %99 70 441010 Total 685 269 39.27 %120 120 442000 Total 0 0 442004 Total 4105 2656 64.70 %1355 1024 442005 Total 0 0 442010 Total 2606 1837 70.49 %944 676 442012 Total 2306 1670 72.42 %740 756 442021 Total 2509 1866 74.37 %873 771 442022 Total 1576 901 57.17 %390 403 442024 Total 2965 2202 74.27 %1046 928 442029 Total 367 250 68.12 %124 100 442032 Total 1079 570 52.83 %297 213 442037 Total 3162 1775 56.14 %846 748 442047 Total 2633 1948 73.98 %849 914 442048 Total 2084 1344 64.49 %570 634 442049 Total 1620 1054 65.06 %462 475 442060 Total 620 378 60.97 %185 157 442062 Total 23 22 95.65 %13 5 Printed: Thursday, December 1, 2022 4:16 PM Page 15323 of 15484Data Refreshed: Thursday, December 1, 2022 4:09 PM Riverside Riverside 2022 General District Canvass November 8, 2022 Item 0A-39 1 Measure B- City Of Palm Desert Divide District 2 Into Four Smaller Districts With All Voters Electing A Single Person From Th... 1 1 Registered VotersVoters CastTurnout (%)YesNoUnincorporated - Recreation & Parks Districts sub-district Total 32513 20639 63.48 %9829 8633 441001 Total 1583 678 42.83 %358 258 441005 Total 2213 1030 46.54 %558 381 441008 Total 377 189 50.13 %99 70 441010 Total 685 269 39.27 %120 120 442000 Total 0 0 442004 Total 4105 2656 64.70 %1355 1024 442005 Total 0 0 442010 Total 2606 1837 70.49 %944 676 442012 Total 2306 1670 72.42 %740 756 442021 Total 2509 1866 74.37 %873 771 442022 Total 1576 901 57.17 %390 403 442024 Total 2965 2202 74.27 %1046 928 442029 Total 367 250 68.12 %124 100 442032 Total 1079 570 52.83 %297 213 442037 Total 3162 1775 56.14 %846 748 442047 Total 2633 1948 73.98 %849 914 442048 Total 2084 1344 64.49 %570 634 442049 Total 1620 1054 65.06 %462 475 442060 Total 620 378 60.97 %185 157 442062 Total 23 22 95.65 %13 5 Unincorporated - Water Agencies sub-district Total 32513 20639 63.48 %9829 8633 Contest Total 32513 20639 63.48 %9829 8633 *** Indicates vote data was suppressed due to voter privacy settings. Printed: Thursday, December 1, 2022 4:16 PM Page 15324 of 15484Data Refreshed: Thursday, December 1, 2022 4:09 PM Riverside Riverside 2022 General District Canvass November 8, 2022 Item 0A-40 CITY OF PALM DESERT STAFF REPORT MEETING DATE: December 15, 2022 PREPARED BY: Anthony J. Mejia, City Clerk REQUEST: APPOINTMENT OF THE MAYOR AND MAYOR PRO TEM RECOMMENDATION: Appoint Kathleen Kelly to the position of Mayor and Karina Quintanilla to the position of Mayor Pro Tem for a one-year term commencing upon appointment. BACKGROUND/ANALYSIS: On September 30, 2021, the City Council adopted Resolution No. 2021-61 establishing procedures for the selection of the Mayor and Mayor Pro Tem. In accordance with Resolution No. 2021-61, in appointing the Mayor, priority shall be given to the immediately preceding Mayor Pro Tem. However, with Mayor Pro Tem Jonathan not seeking re-election, priority shall be given to the Councilmember who would otherwise have priority to be appointed Mayor Pro Tem. In determining who would otherwise have priority to be appointed Mayor Pro Tem, the resolution states “priority shall be given to the member with the longest continuous service since last serving as Mayor, if ever.” Gina Nestande last served as Mayor during calendar year 2020. Karina Quintanilla was elected to the City Council in December 2020, resulting in both Councilmembers serving for a period of two years without serving as Mayor. When tied, Resolution No. 2021-61 calls for a tie to be determined by a coin toss. However, both Gina Nestande and Karina Quintanilla have opted to defer their appointment as Mayor. Instead, it is recommended that Kathleen Kelly be appointed to the position of Mayor and Karina Quintanilla be appointed to the position of Mayor Pro Tem. FINANCIAL IMPACT: There is no fiscal impact associated with this action. REVIEWED BY: City Clerk: Anthony J. Mejia City Attorney: Robert Hargreaves Finance Director: Veronica Chavez Assistant City Manager Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: a.Resolution No. 2021-61 Item 0C-1 RESOLUTION NO. 2021-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING ITS RESOLUTION NO. 2015-91 AND RESTATING ITS POLICY ON THE OFFICE OF MAYOR AND THE OFFICE OF MAYOR PRO-TEMPORE WHEREAS, the City Council of the City of Palm Desert, California, must appoint from its own Members two Councilmembers to serve as Mayor and Mayor Pro-Tempore; and WHEREAS, it has been the desire of each City Council serving the City of Palm Desert since incorporation to make these positions honorary in nature, held for a one- year period of time; and WHEREAS, it is this City Council's opinion that each Member elected to the Council is equally qualified and deserving to hold these offices, and each Councilmember should be given ample opportunity to serve in one or both of these offices. NOW, THEREFORE, IT IS HEREBY RESOLVED, by the City Council of the City of Palm Desert, State of California, that the appointments of Mayor and Mayor Pro- Tempore shall be made on an annual rotating basis, and no one Councilmember shall serve a term in either office to exceed a one-year period of time, except when completing the term of a prior Mayor or Mayor Pro-Tempore for less than six months. The selection shall be made and the term commence at the first regular Council Meeting in December each year. BE IT FURTHER RESOLVED that in appointing Mayor Pro-Tempore, priority shall be given to the Member with the longest continuous service since last serving as Mayor, if ever. In appointing Mayor, priority shall be given to the immediately preceding Mayor Pro-Tempore; if the immediately preceding Mayor Pro-Tempore is unwilling or unable to serve as Mayor, priority shall be given to the Member who would otherwise have priority to be appointed Mayor-Tempore. BE IT FURTHER RESOLVED that prior to any Member of the Council being appointed as Mayor, such Councilmember shall have been either a Member of the Council for approximately two (2) years, and the Mayor Pro-Tempore shall have been a Member of the Council for approximately one (1) year prior to being selected for those respective offices; or in the absence of this occurrence, the Member's having served at least one term on the Palm Desert Planning Commission will be sufficient eligibility for appointment to the office. BE IT FURTHER RESOLVED that when two or more Members of the Council are sworn into office on the same day after being elected in the same Municipal Election and in the same district, the order of their service in the Mayoral Rotation shall be established Item 0C-2 RESOLUTION NO. 2021-61 by number of votes received at said election, with the Member receiving the highest number of votes being inserted first into the Mayoral Rotation, and the person receiving the next -highest number of votes being inserted next, and so on. BE IT FURTHER RESOLVED that when two or more Members of the Council are sworn into office on the same day after being elected in the same Municipal Election and are in different districts, the order of their service in the Mayoral Rotation shall be established by a coin toss, with the winner being inserted first into the Mayoral Rotation. PASSED, APPROVED, AND ADOPTED on this 30th day of September , 2021 by the following vote, to wit: AYES: HARNIK, JONATHAN, NESTANDE, QUINTANILLA, and KELLY NOES: NONE ABSENT: NONE ABSTAIN: NONE KATHLE ,N KELL ATTEST: 714_, / eata NORMA I. ALLEY, MM TY CLERK CITY OF PALM DESET , CALIFORNIA MAYOR' 1 1 Item 0C-3 [This page has intentionally been left blank.] Facilities Overview DECEMBER 15, 2022Item CMA-1 At A Glance… •OVER A DOZEN BUILDINGS •CITY HALL, 3 FIRE STATIONS, POLICE STATION, AQUATIC CENTER, COMMUNITY CENTERS, PARKVIEW COMPLEX, CORPORATION YARD, I-HUB •OVER 25 SERVICE CONTRACTS (PLUMBING, HVAC , ROOF REPAIRS, ELECTRICAL, ETC.) •ROUTINE SERVICE CALLS •PREVENTIVE MAINTENANCE •EMERGENCY RESPONSEItem CMA-2 Item CMA-3 Building Roof Repairs Before After Artist Center BuildingItem CMA-4 Capital Improvements Before After Desert Willow BuildingItem CMA-5 Capital Improvements City Hall Security Door Improvements •Ballistic-resistant entry doors •Installed air curtains •Emergency lock down feature for front line staff to be installed early 2023 BeforeBefore After Item CMA-6 Sheriff Dispatch and Training Center Pump Chiller Replacement Item CMA-7 City Hall Plumbing Repairs •Demolition•New plumbing•ADA•Tile & fixtures Before After Item CMA-8 New Office Space – Special Programs •Created three safe workspaces •Reduced noise/more productivity •Fosters user friendly environments Before After Item CMA-9 Creating Additional Office Space •Extended out the Building & Safety and Code counter. This created space for 5 new work-stations Before After Item CMA-10 Installation of Cubicle Spaces •Provides a level of privacy •Creates a safe workspace •Increased productivity Before After Item CMA-11 Fire Station 33 The new high-speed apparatus doors have improved emergency response time by one minute.Item CMA-12 Plumbing Repairs Fire Station 67 •Sewer lateral break & repair Sewer repair at Fire Station No. 67 –Mesa View Item CMA-13 Fire Station 67 Carpet replacement with resilient flooring BeforeBefore After Item CMA-14 Fire Station 71 •Mold remediation BeforeBefore After Item CMA-15 Fire Station 71 Water Heater Repair Before After Item CMA-16 How Facility Issues Are Reported PHONE/EMAIL DESKTOP/MOBILE APP (Rock Solid)Item CMA-17 2022 Work Orders Serviced –1,600 Phone Calls Responded to -1,400 2021 Work Orders Serviced –1,450 Phone Calls Responded to -1,250 Item CMA-18 2023 Projects •Parkview Exterior Design Improvements •Cartegraph Asset Management Software •Security Cameras (Civic Center) •Tenant ImprovementsItem CMA-19 Facilities Overview DECEMBER 15, 2022Item CMA-20 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: December 15, 2022 PREPARED BY: Robert Hargreaves, City Attorney REQUEST: MAKE FINDINGS TO SUPPORT THAT THE STATE OF CALIFORNIA CONTINUES IN A GOVERNOR-DECLARED STATE OF EMERGENCY AND THAT THE CITY MAY CONTINUE TO EMPLOY REMOTE TELECONFERENCING RECOMMENDATION: 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 consequently that the City Council and its other Brown-Act bodies may continue to employ remote teleconferencing under Government Code Section 54953(e). BACKGROUND/ANALYSIS: AB 361 (Government Code Section 54953(e)) provides that a local agency may employ remote teleconferencing upon a finding by the governing board that certain circumstances exist, among those that there is a Governor-declared emergency and state or local officials are recommending social distancing. The City Council will need to make those findings each month in which it continues to implement remote teleconferencing. The alternative is to revert to the preexisting Brown Act standards for teleconferencing which require that: (1) all teleconferencing locations be identified on the agenda; (2) agendas be posted at all teleconferencing locations; (3) all teleconferencing locations be open to the public; and (4) a majority of the City Council participate from locations within the City. FINANCIAL IMPACT: There is no direct fiscal impact associated with this item. REVIEWED BY: City Attorney: Robert W. Hargreaves, City Attorney City Manager: Todd Hileman, City Manager Item 1A-1 [This page has intentionally been left blank.] Thursday, November 17, 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 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, November 17 , 202 2, at 2:30 p.m. in the Council Chamber, City Hall, located at 73-510 Fred Waring Drive, Palm Desert, California. ROLL CALL: Present: Councilmembers Kathleen Kelly, Gina Nestande, and Karina Quintanilla; Mayor Pro Tem Sabby Jonathan; and Mayor Jan Harnik. Absent: None. PLEDGE OF ALLEGIANCE: Councilmember Quintanilla led the Pledge of Allegiance. INSPIRATION/INVOCATION: Mayor Pro Tem Jonathan offered words of inspiration. REPORT OF CLOSED SESSION: City Clerk Mejia requested and by a vote of 5-0 to City Council added Closed Session Item B4 (related to Chandi Enterprises, LLC), finding there is a need to immediately discuss, and possibly provide direction to staff, and the n eed for action came to the attention of the City after the posting of the agenda. The Regular Closed Session of the City Council of November 17, 2022, was called to order by Mayor Harnik at 2:35 p.m., with all members present. Item 1B-1 CC, SARDA, & HA Meeting Minutes November 17, 2022 City of Palm Desert Page 2 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES 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: October 27, 2022 B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8: 1. Property Description: Viridian, 18.73-acre site, located on Desert Willow Drive, northwest of Market Place (APNs 620-450-012, 013, 014) Agency: Successor Agency City Negotiator: Todd Hileman/Eric Ceja Negotiating Parties: Family Development Group, Inc. Under Negotiation: Price and Terms 2. Property Description: 73-710 Fred Waring Drive, Suites 100, 103, 106, 108, 116, 120, 201, 203, 208, 211 and 217, 220 and 73-720 Fred Waring Drive, Suite 100 Agency: City of Palm Desert City Negotiator: Todd Hileman/Chris Escobedo/Eric Ceja Negotiating Parties: Lift to Rise/Paul Golden Construction/Advantech/Act for MS/Virginia Waring International Piano Competition/State of California Department of Food and Agriculture/State of California Water Resources Board Under Negotiation: Price and Terms 3. Property Description: 72-880 Highway 111, Palm Desert (APN 640 -120-020) Agency: City of Palm Desert City Negotiator: Todd Hileman/Martin Alvarez/Eric Ceja Negotiating Parties: Seritage SRC Finance Under Negotiation: Price and Terms 4. Property Description: 1.55 acres at southeast corner of Fred Waring Drive and San Pablo Avenue (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: Price and Terms C. CONFERENCE WITH LEGAL COUNSEL – MATTERS CREATING SIGNIFICANT EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956.9(d)(2): Four (4) matters that, under the existing circumstances, the City Attorney believes creates significant exposure to litigation. Item 1B-2 CC, SARDA, & HA Meeting Minutes November 17, 2022 City of Palm Desert Page 3 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES City Attorney Hargreaves reported that the City Council received briefings and provided direction to staff regarding the agendized Closed Session items. Relative to Closed Session Item B2, the City Council directed that staff proceed with executing the leases. Relative to Closed Session Item B3, the City Council directed that staff proceed with a purchase agreement. The City Council did not take any other reportable actions. PRESENTATIONS: A. PROCLAMATION – ROSIE CASALS Ms. Rosemary “Rosie” Casals thanked the City Council for their recognition and expressed her appreciation for trailblazing women in leadership positions. B. PROCLAMATION – BUFORD CRITES Friends of the Desert Mountains Executive Director Tammy Martin received the proclamation, noted Mr. Crites’ passing the previous week, and informed the City Council that an event would be planned to honor his memory. C. PROCLAMATION – BOARDS, COMMITTEES AND COMMISSIONS RECOGNITION City Clerk Mejia received the proclamation on behalf of all City Boards, Committees and Commissions, and expressed his appreciation for all who volunteered to serve the City by sharing their time, experience and expertise to improve the City’s services. D. PROCLAMATION – EL PASEO JEWELERS El Paseo Jewelers owners Mr. and Mrs. Mehta received the proclamation and expressed their gratitude for spending the last 25 years as residents and business owners in Palm Desert. E. PRESENTATION – ANGEL FORCE USA Angel Force USA representative Anne Dunsmore spoke on suicide prevention among active and retired members of the Armed Forces and shared information on two symposiums and a Veterans Free Concert organized to spread awareness. F. PRESENTATION – CALIFORNIA DEPARTMENT OF INSURANCE California Department of Insurance Outreach Analyst Andrea Valdes presented an overview of services provided by the department, noting that her office regulates the insurance available throughout the state. Item 1B-3 CC, SARDA, & HA Meeting Minutes November 17, 2022 City of Palm Desert Page 4 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES G. OUTGOING COMMENTS FROM MAYOR PRO TEM JONATHAN Mayor Pro Tem Jonathan expressed his gratitude to Palm Desert residents, public safety officials, staff, and fellow councilmembers. Mayor Harnik presented a plaque in appreciation for all of Mayor Pro Tem Jona than’s efforts during his eight years of service. Councilmembers offered their personal sentiments and thanked Mayor Pro Tem Jonathan for his service on the City Council and Planning Commission spanning a total of 24 years. CITY MANAGER'S COMMENTS: None. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION: Councilmember Kelly requested 1) staff evaluate the prioritization of the vacant parcel adjacent to the Joslyn Center relative to the Surplus Land Act for a potential affordable housing project; and 2) staff evaluate neighboring cities’ regulations for market-rate housing rent increases that fall outside of the state’s rent control authority and to report back to the City Council; these requests were supported by a majority of the City Council. Councilmember Quintanilla requested 1) that the City Council refer consideration of prohibiting mylar balloons as part of the park facility rental permit to the Resource Preservation and Enhancement Committee; and 2) staff to return to City Council with an expansion of the Unite Palm Desert Security Camera System Grant program to include reimbursement for related signage; these requests were supported by a majority of the City Council. Councilmember Quintanilla reported on her attendance at various meetings and shared information on the County’s efforts to combat fentanyl abuse. Mayor Harnik reported on her attendance at various meeting including the Southern California Association of Government’s housing forum; commended staff for their coordination of the Veterans Day event. NON-AGENDA PUBLIC COMMENTS: Wendy Jonathan, Palm Desert resident and former Desert Sands school board member, thanked Mayor Pro Tem Jonathan for his active participation and support of local schools and its students. Arthur and Lori Pritz, Palm Desert residents, thanked Councilmember Kelly for her request related to market-rate rent increases, noting that they are facing a significant rent increase. Item 1B-4 CC, SARDA, & HA Meeting Minutes November 17, 2022 City of Palm Desert Page 5 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES 1. CONSENT CALENDAR: MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to approve the consent calendar as presented. A. APPROVAL OF FINDINGS RELATIVE TO AB361 – REMOTE TELECONFERENCING MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER NESTANDE, 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. B. APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to approve the Minutes of October 27, 2022. C. APPROVAL OF WARRANTS MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to approve warrants issued for the period of September 7 through November 4, 2022. D. RATIFY THE CITY MANAGER'S EXECUTION OF CONTRACT NO. A43960 WITH HORIZON LIGHTING, INC., FOR ELECTRICAL AND LIGHT SERVICES AT FIRE FACILITIES IN AN AMOUNT NOT TO EXCEED $50,000 PER FISCAL YEAR MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to ratify the City Manager’s execution of Contract No. A43960 with Horizon Lighting, Inc., in an amount not to exceed $50,000 per year. Item 1B-5 CC, SARDA, & HA Meeting Minutes November 17, 2022 City of Palm Desert Page 6 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES E. ADOPT RESOLUTIONS NO. 2022-89, SA-RDA 096, AND HA-112 TO UPDATE AUTHORIZED SIGNERS FOR THE LOCAL AGENCY INVESTMENT FUND AND THE RIVERSIDE COUNTY TREASURER’S POOLED INVESTMENT FUND (Joint Consideration with Successor Agency to the Palm Desert Redevelopment Agency and Palm Desert Housing Authority) MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to: 1. Adopt Resolution No. 2022-89 (City) entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE INVESTMENT OF MONIES IN THE RIVERSIDE COUNTY TREASURER’S POOLED INVESTMENT FUND AND IN THE LOCAL AGENCY INVESTMENT FUND AND RESCINDING RESOLUTIONS NO. 2022-03 AND 2022-18”. 2. Adopt Resolution No. SA-RDA 096 (SARDA) entitled, “A RESOLUTION OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY AUTHORIZING THE INVESTMENT OF MONIES IN THE RIVERSIDE COUNTY TREASURER’S POOLED INVESTMENT AND IN THE LOCAL AGENCY INVESTMENT FUND AND RESCINDING RESOLUTION NUMBERS SARDA-091 AND SARDA -093”. 3. Adopt Resolution HA-112 (HA) entitled, “A RESOLUTION OF THE PALM DESERT HOUSING AUTHORITY AUTHORIZING THE INVESTMENT OF MONIES IN THE RIVERSIDE COUNTY TREASURER’S POOLED INVESTMENT FUND AND RESCINDING RESOLUTION NO. HA-105”. F. APPROVE THE LIST OF SOCIAL MEDIA COMMEMORATIONS PLANNED FOR 2023 MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to approve the list of social media commemorations planned for 2023. G. ADOPT RESOLUTION NO. 2022-90 ACKNOWLEDGING RECEIPT OF THE ANNUAL REPORT MADE BY THE FIRE CHIEF OF THE RIVERSIDE COUNTY FIRE DEPARTMENT TO FULFILL THE REQUIREMENTS OF SECTIONS 13146.2 AND 13146.3 OF THE CALIFORNIA HEALTH AND SAFETY CODE MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5 -0, to adopt Resolution No. 2022-90 acknowledging receipt of the annual report made by the Fire Chief of the Riverside County Fire Department to fulfill the requirements of Sections 13146.2 and 13146.3 of the California Health and Safety Code. Item 1B-6 CC, SARDA, & HA Meeting Minutes November 17, 2022 City of Palm Desert Page 7 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES H. APPROVE A COOPERATIVE AGREEMENT NO. C44460 WITH THE CITIES OF LA QUINTA AND INDIAN WELLS FOR THE OPERATION AND MAINTENANCE OF SHARED TRAFFIC SIGNALS AND SAFETY LIGHTING MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to: 1. Approve a Cooperative Agreement No. C44460 with the cities of La Quinta and Indian Wells for the operation and maintenance of shared traffic signals and safety lighting. 2. Authorize the City Manager to finalize and execute the agreement. I. ADOPT RESOLUTION TO AUTHORIZE THE DESTRUCTION OF OBSOLETE RECORDS FROM THE BUILDING & SAFETY DIVISION MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to adopt a Resolution authorizing the destruction of obsolete records from the Building & Safety Division pursuant to the California Government Code Section 34090. J. APPROVE SEVEN (7) MILLS ACT CONTRACTS FOR SANDPIPER CIRCLE CONDOMINIUMS LOCATED ON EL PASEO MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to approve seven (7) Mills Act Contracts for Sandpiper Circle Condominiums located on El Paseo in accordance with Section 29.70.030 of the Palm Desert Municipal Code: 1. Circle 1: 121 Sandpiper Street – APN 640-240-014 2. Circle 2: 231 Sandpiper Street – APN 640-250-018 3. Circle 2: 242 Sandpiper Street – APN 640-250-011 4. Circle 3: 341 Sandpiper Street – APN 640-260-005 5. Circle 3: 352 Sandpiper Street – APN 640-260-003 6. Circle 3: 361 Sandpiper Street – APN 640-260-008 7. Circle 3: 363 Sandpiper Street – APN 640-260-007 K. ADOPT RESOLUTION NO. 2022-92 ESTABLISHING A WIND FENCE POLICY MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5 -0, to adopt Resolution No. 2022-92 establishing a wind fence policy. L. DECLARATION OF SURPLUS PROPERTY AND AUTHORIZE DISPOSAL MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to declare the items identified as surplus property and authorize disposal as appropriate. Item 1B-7 CC, SARDA, & HA Meeting Minutes November 17, 2022 City of Palm Desert Page 8 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES M. APPROVE THE EXPANSION OF THE UNITE PALM DESERT SECURITY CAMERA SYSTEM GRANT PROGRAM TO ALLOW BUSINESSES AND COMMERCIAL PROPERTY OWNERS TO BE REIMBURSED FOR SECURITY CAMERA SYSTEMS PURCHASED AND INSTALLED WITHOUT PRIOR APPROVAL FROM THE CITY MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to approve the expansion of the Unite Palm Desert Security Camera System Grant program to allow businesses and commercial property owners to be reimbursed for security camera systems purchased and installed without prior approval from the City. EXCLUDED CONSENT CALENDAR: None. 2. ACTION CALENDAR: A. AWARD A FIVE-YEAR CONTRACT NO. C44470 TO THE CHRISTMAS KINGS FOR SEASONAL LIGHTING AND DECOR IN AN AMOUNT NOT TO EXCEED $370,000 (PROJECT NO. 775-24) Community Services Manager Chavez presented the staff report. MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to: 1. Award a five-year Contract No. C44470 in an amount not to exceed $370,000, with an option for three (3) one-year extensions not to exceed $100,000 per fiscal year to The Christmas Kings, dba Southern California Lighting, Inc., for seasonal lighting and décor. 2. Authorize allowable extra work and services in an amount not to exceed $10,000 per fiscal year. 3. Authorize the City Manager to execute said agreement. 4. Authorize the City Manager or designee to review and execute one -year extensions/amendments and change orders for unanticipated conditions per Section 3.30.170, Section A, of Ordinance No. 1335. Item 1B-8 CC, SARDA, & HA Meeting Minutes November 17, 2022 City of Palm Desert Page 9 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES B. INTRODUCE ORDINANCE NO. 1388 OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SPECIFIED CHAPTERS OF THE PALM DESERT MUNICIPAL CODE TO ADOPT THE 2022 EDITIONS OF THE CALIFORNIA CODE OF REGULATIONS, TITLE 24, AND RELATED CODES WITH SELECTED APPENDICES AND AMENDMENTS (FIRST READING) Chief Building Official Finley presented the staff report and responded to City Council inquiries. MOTION BY COUNCILMEMBER NESTANDE, SECOND BY COUNCILMEMBER QUINTANILLA, CARRIED 5-0, to waive further reading and pass to second reading and public hearing Ordinance No. 1388 to amend specified chapters of the Palm Desert Municipal Code to adopt the 2022 editions of the California Code of Regulations, Title 24, and related codes with selected appendices and amendments. C. APPROVAL OF THE ELECTRONIC OPTION OF SHORT-TERM RENTAL TRANSIENT OCCUPANCY TAXES Development Services Director Cannone presented the staff report. MOTION BY COUNCILMEMBER NESTANDE, SECOND BY COUNCILMEMBER QUINTANILLA, CARRIED 5-0, to approve the option of electronic payments allowing the convenience fee to be charged by a third party. D. APPROVE A HOUSING AGREEMENT NO. HA44480 BY AND BETWEEN THE CITY OF PALM DESERT AND PALM DESERT PACIFIC ASSOCIATES. LP, FOR THE VITALIA APARTMENT PROJECT LOCATED OFF GERALD FORD DRIVE, PALM DESERT Housing Manager Gonzales narrated a PowerPoint presentation and responded to City Council inquiries. MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to: 1. Approve a Housing Agreement No. HA44480, substantially as to form, by and between the City of Palm Desert Pacific Associates, LP in accordance with the conditions of approval of the development of 269 units known as Vitalia Apartments, a multifamily rental housing project located at located off Gerald Ford Drive, Palm Desert, California. 2. Authorize the City Manager or his designee with consent of legal counsel to finalize such Housing Agreement and documents as described in the Housing Agreement, or which are otherwise required, to effectuate Housing Agreement. 3. Authorize the Mayor and/or City Manager to execute all necessary documents to facilitate the Housing Agreemen t and the City Clerk to record. Item 1B-9 CC, SARDA, & HA Meeting Minutes November 17, 2022 City of Palm Desert Page 10 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES E. ADOPT RESOLUTION NO. HA-113 OF THE BOARD OF THE PALM DESERT HOUSING AUTHORITY (I) AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT NO. HA44490 BETWEEN THE AUTHORITY AND PALM DESERT PACIFIC ASSOCIATES APPROVING A LOAN IN THE AMOUNT OF $6,030,000 FROM THE AUTHORITY’S LOW AND MODERATE INCOME HOUSING ASSET FUND TO FUND THE PURCHASE BY PALM DESERT PACIFIC ASSOCIATES OF A PROPERTY AND CONSTRUCTION OF 269 MULTIFAMILY HOUSING UNITS; AND (II) TAKING RELATED ACTIONS (HOUSING AUTHORITY) Housing Manager Gonzales narrated a PowerPoint presentation and responded to City Council inquiries. MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to adopt a Housing Authority Resolution No. HA-113: 1. Authorizing the execution and delivery of a Loan Agreement No. HA44490, in substantial form, between the Palm Desert Housing Authority and Palm Desert Pacific Associates approving a loan in the amount of $6,030,000 from the Authority’s Low and Moderate Income Housing Asset Fund to fund the purchase by Palm Desert Pacific Associates of a property and construction of 269 multi-family units consisting of 266 affordable housing units and three (3) on-site property manager units. 2. Authorize the Chairman or Executive Director, in consultation with legal counsel, to execute and deliver, for and in the name of the Authority, the Loan Agreement and documents presented to the Authority Board at this meeting, as modified, provided such modifications are materially consistent with the terms set forth in the Loan Agreement. 3. Authorize the Chairman, the Executive Director, or their respective designees, in consultation with legal counsel, to execute and deliver, for and in the name of the Authority, all other necessary or proper documents and instruments, and to do all things which they may deem necessary or proper to effectuate the purposes of the Resolution. F. APPROVE A SECOND AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PALM DESERT AND DESERT WAVE VENTURES, LLC, AND TAKING CERTAIN OTHER NECESSARY RELATED ACTIONS The following individuals spoke in support of the project and recommended that the City Council approve the proposed agreement: • David Hilts, Palm Desert resident • John O’Hea, Palm Desert resident • Krysten Gonda, Palm Desert resident Gregg Akkerman, Palm Desert resident, spoke in opposition to the project. Item 1B-10 CC, SARDA, & HA Meeting Minutes November 17, 2022 City of Palm Desert Page 11 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES Economic Development Director Ceja narrated a PowerPoint and responded to City Council inquiries. MOTION BY COUNCILMEMBER NESTANDE, SECOND BY MAYOR PRO TEM JONATHAN, CARRIED 4-1 (COUNCILMEMBER QUINTANILLA VOTING NO), to: 1. Approve the Second Amendment to the Disposition, and Development Agreement between the City of Palm Desert and Desert Wave Ventures, LLC. 2. Approve a Transient Occupancy Tax agreement as-to-form with Desert Wave Ventures, LLC, in an amount not to exceed $20M for the operation of a 137 - room upscale hotel on parcel B within the Desert Willow Golf Resort. 3. Approve a Loan Agreement as-to-form with Desert Wave Ventures, LLC, and appropriate funds to cover certain developer impact fees in an amount not to exceed $6M from monies available in the Golf Course Capital Fund. 4. Authorize the City Manager to make non -substantive changes to the DDA, TOT, and Loan Agreement as needed prior to execution by the Mayor. 5. Authorize the City Manager to draft, negotiate, and execute all other supporting agreements that may be required by the DDA, including an Acquisition Agreement as to form. 6. Authorize the Mayor to execute said agreements. G. ADOPT RESOLUTION NO. SA-RDA 097 APPROVING AN EXTENSION TO THE REAL ESTATE OPTION AND PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY AND DESERT WAVE VENTURES, LLC, FOR DESERT WILLOW PAD “B” (14.65 ACR ES, APN 620- 420-023) (SUCCESSOR AGENCY) Management Analyst Glickman presented the staff report. MOTION BY MAYOR PRO TEM JONATHAN, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 4-1 (COUNCILMEMBER QUINTANILLA VOTING NO), to: 1. Adopt Resolution No. SA-RDA 097 approving a Second Amendment to the Real Estate Option and Purchase and Sale Agreement and Joint Escrow Instructions between the Successor Agency to the Palm Desert Redevelopment Agency and Desert Wave Ventures for Desert Willow Lot Pad “B” (14.65 acres, APN 620-420-023), providing for a final extension through December 31, 2022. 2. Retroactively authorize staff to submit a Resolution and additional materials relating to the PSA to the Riverside County Countywide Oversight Board for approval of the extension at its November 17, 2022, meeting. Item 1B-11 CC, SARDA, & HA Meeting Minutes November 17, 2022 City of Palm Desert Page 12 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES 3. PUBLIC HEARINGS: A. RESOLUTIONS NO. 2022-93 and 2022-94: CONSIDERATION TO ADOPT A MITIGATED NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND APPROVAL OF THE REFUGE SPECIFIC PLAN AND TENTATIVE TRACT MAP 38434 TO ESTABLISH UP TO 969 RESIDENTIAL DWELLING UNITS, AND RELATED IMPROVEMENTS ON A 106.4-ACRE PARCEL LOCATED AT THE SOUTHWEST CORNER OF GERALD FORD DRIVE AND THE EXTENSION OF REMBRANDT PARKWAY Senior Planner Melloni narrated a PowerPoint presentation and responded to City Council inquiries. Mayor Harnik opened and closed the public hearing, there being no one desiring to speak. MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to: 1. Conduct the public hearing and receive public testimony. 2. Adopt Resolution No. 2022-93 adopting a Mitigated Negative Declaration and Mitigation Monitoring Reporting Program and approval of the Refuge Specific Plan (SP22-0001) to development up to 969 dwelling units on a 106.4 -acre site area located at the southwest corner of Gerald Ford Drive and Rembrandt Parkway 3. Adopt Resolution No. 2022-94 approving Tentative Tract Map 38434 subdividing a 93.56-acre portion of the Refuge Specific Plan project site. B. ADOPT RESOLUTION NO. 2022-95 FOR A HISTORIC LANDMARK DESIGNATION FOR THE CHARLES E. DU BOIS HOUSE LOCATED AT 72806 BURSERA WAY (APN 628-102-012) CASE NO. CRPC 22-03 Chief Building Official Finley displayed a photo of the property, presented the staff report, and responded to City Council inquiries. Mayor Harnik opened and closed the public hearing, there being no one desiring to speak. MOTION BY MAYOR PRO TEM JONATHAN, SECOND BY COUNCILMEMBER QUINTANILLA, CARRIED 5-0, to: 1. Conduct the public hearing and receive public testimony. 2. Adopt Resolution no. 2022-95 reaffirming the action of the Cultural Resources Preservation Committee, designating the Charles E. Du Bois house located at 72806 Bursera Way with a Historic Landmark Designation in accordance with Section 29.40.010 of the Palm Desert Municipal Code . INFORMATION ITEMS: None. Item 1B-12 CC, SARDA, & HA Meeting Minutes November 17, 2022 City of Palm Desert Page 13 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES ADJOURNMENT: The City Council adjourned at 6:48 p.m. Respectfully submitted, Níamh M. Ortega Deputy City Clerk/Assistant Secretary ATTEST: Anthony J. Mejia, MMC City Clerk/Secretary APPROVED BY CITY COUNCIL: __/__/2022 Item 1B-13 [This page has intentionally been left blank.] Bank ID Check Number Check Date Vendor Name WR 51524860 WR 5 1841127 WR 5 1841127 10/26/2022 I 0/26/2022 10 /26/2022 Audited an d Found Correct Report Date l 0/26/2022 STA TE OF CALIFORNIA DEPARTMENT OF THE TREASURY DEPARTMENT OF THE TREASURY City of Palm Desert Check Register I 0/26/2022 - l 0/26/2022 Account Number 1100 000 2160200 I 100000 2160100 1100000 2 160300 Transaction Desc PJTW/H PD: 10/21 /2022 Federal W/H P/D 10/21 /2022 Medicare W/H P/D 10/21/2022 ~ Invoice 6717143 54110704 54110704 Page City & Housing Amount Paid 4,483.13 14,605 .46 2,102 .7 1 Total For Bank ID -WR 21 ,191.30 Item 1C-1 City of Palm D esert Check Register 11/10 /2022 -11 /10/2022 Bank ID Check Numb e r Check Date Ve ndor Na me Acco unt N umb er Tra nsactio n Desc Invoice Amount Paid 00 00005116 11 /10/2022 A IR EXCHANGE INC 2304220 4331000 RIM PL YMOVENT EXHAUST SYSTEM 91607876 1,442.54 00 00005116 11 /10/2022 AIR EXCHANGE INC 2304220 4331000 RIM PL YMOVENT EXHAUST SYSTEM 91607930 843 .95 00 00005116 11/10/2022 AIR EXCHANGE INC 2304220 4331000 RIM PL YMOVENT EXHAUST SYSTEM 91607931 1,119 .39 00 00005117 11/10 /2022 CBREINC 1104159 4309000 Professional Real Estate Servi 2022-199842-005 19 ,500.00 00 00005118 11/10/2022 CDWLLC 1104190 4336000 Cloud Consumption ZR00297006 968.42 00 00005119 11 /10/2022 FG CREATIVE INC 1104416 4306101 Adverti sement for Concerts in 10079 3,240.00 00 00005120 11 /1 0/2022 GRANICUS INC 1104470 4309000 SHORT-TERM RENTAL MONITOR V22 157868 3 ,572.83 00 00005121 11/10/2022 KIMLEY-HORN AND ASSOCIATES INC. 2134250 5000907 AMENDMENT NO. I FOR ADDITIONAL 22643453 63 ,800.46 00 00005122 11/10/2022 MARJPOSA LANDSCAPES INC 1104614 4337001 EXTRAS -EL PASEO / BAJA PARK 99775 10 ,952.32 00 00005122 11/10/2022 MARJPOSA LANDSCAPES INC 1104614 4337001 LMA 1 ALLOWABLE EXTRA WORK AND 99788 2,473 .75 00 00005122 11 /10/2022 MARIPOSA LANDSCAPES INC 11 04614 4337001 LMA 1 ALLOWABLE EXTRA WORK AND 99789 3,821.74 00 00005122 11/10/2022 MARJPOSA LANDSCAPES INC 1104614 4337001 LMA I ALLOW ABLE EXTRA WORK AND 99790 3 ,190.81 00 00005122 11/10/2022 MARJPOSA LANDSCAPES INC 1104614 4337001 LMA I ALLOW ABLE EXTRA WORK AND 99791 1,241.7 1 00 00005122 11/10/2022 MARJPOSA LANDSCAPES INC 1104614 4337001 LMA I ALLOWABLE EXTRA WORK AND 99796 672.18 00 00005122 11 /10/2022 MARIPOSA LANDSCAPES INC 1104614 4392101 EXTRAS -ENTRADA DEL PASEO 99776 122.78 00 00005122 11/10/2022 MARIPOSA LANDSCAPES INC 1104614 439210 1 EXTRAS -ENTRADA DEL PASEO 99777 384.31 00 00005123 11/10/2022 MICHAEL BAKER I TER AT lONAL INC 2134633 5000103 ENGINEER! G SERVICES FOR THE 1161827 2,932.50 00 00005124 11 /10/2022 RICHARDS WATSON & GERSHON INC 1104121 4301500 CHANDI LGL SVC-7/22 239705 546.87 00 00005124 11 /10/2022 RJCHARDS WATSON & GERSHON INC 1104121 4301500 DESERT SURF LGL SVC-7/22 239705 499.32 00 00005124 11/10/2022 RICHARDS WA TSO & GERSHON INC 1104121 4301500 OW LGL SVC-7/22 239705 71.33 00 00005124 11 /10/2022 RICHARDS WATSON & GERSHON INC 1104121 4301500 MIL LEN IUM LGL SVC-7/22 239705 166.44 00 00005124 11/10/2022 RICHARDS WATSON & GERSHON INC 11 04121 4301500 GEN . CITY LGL SVC-7/22 239705 832 .19 00 00005124 11 /10/2022 RICHARDS WATSON & GERSHON INC 11 04121 4301500 ADDT'L CITY LGL SVC-7/22 239237 401.79 00 00005124 11/10/2022 RICHARDS WATSON & GERSHON INC 2144490 4390101 CVHC LGL SVC 7/22 239705 11 8.89 00 00005124 11/10/2022 RICHARDS WATSON & GERSHON INC 45 14195 4309000 FIRE LGL SVC-7/22 239705 118 .89 00 00005124 11 /10 /2022 RICHARDS WATSON & GERSHON INC 6 100000 2286000 UP I LGL SVC-7 /22 239705 1,379.07 00 00005124 11/10/2022 RICHARDS WATSON & GERSHON INC 87 141 95 4301500 HA LGL SVC - 7/22 239237 723.22 Report Date 11 /10/2022 Page City & Housing Item 1C-2 City of Palm D esert Check Register 11/ I 0/2022 -11 /I 0/2022 Bank ID C hec k Numb er Check Date Vendor Na me Account N umb er Transa ction Desc Invoice Amo unt Paid 00 00005124 11 /10/2022 RICHARDS WATSON & GERSHON INC 8734 195 4301500 HAF LGL SVC -7/22 239237 6,569.25 00 000051 25 11 /10/2022 STAPLES BUSINESS ADVANTAGE 11 04470 4211000 OFFICE SUPPLIES: . GOMEZ 3521798709 45 .59 00 00005125 11 /10/2022 ST AP LES BUSINESS ADV ANT AGE 1104300 4211000 SUPPLY AS NEEDED V AR!OUS OFFIC 3519573348 50 .88 00 00005125 11 /10/2022 ST AP LES BUSINESS ADV ANT AGE 1104300 4211000 SUPPLY AS NEEDED VARIOUS OFFIC 3519573347 22.72 00 00005125 11/10/2022 STAPLES BUSINESS ADVANTAGE 1104300 421 !000 SUPPLY AS NEEDED VARIOUS OFFIC 35 19573349 352.33 00 000051 25 11/10/2022 ST APL ES BUSINESS AD VANT AGE I 104300 4211000 SUPPLY AS NEEDED VARIO US OFFIC 3519573350 43 .09 00 000051 25 11 /1 0/2022 STAPLES BUSINESS ADVANTAGE 1104300 4211000 SUPPLY AS NEED ED VARIOUS OFFIC 3520140360 53 .91 00 00005125 11 /10/2022 STAPLES BUSINESS ADVANTAGE 1104300 4211000 SUPPLY AS NEEDED VARIOUS OFFIC 3520140361 17 .77 00 00005125 11 /10/2022 STAPLES BUSfNESS ADVANTAGE 1104300 4211000 SUPPLY AS NEEDED VARIOUS OFFIC 3520140362 70.24 00 00005125 11 /1 0/2022 STAPLES BUSINESS ADVANTAG E 1104300 421 !000 SUPPLY AS NEEDED VARIOUS OFFIC 3520617423 63.27 00 00005125 11 /10/2022 STAPLES BUSINESS ADVANTAG E 1104300 421 !000 SUPPLY AS NEEDED VARIOUS OFFIC 3520617424 54 .94 00 0 1531666 11/10 /2022 ALARM MONITORING SERVICES INC 5104195 4369602 ALARM SRVS -STATE BLDG 98727 154.00 00 01531667 11/10/2022 AMERICAN FORENSIC NURSES 1104210 4390400 FY 22/23 Blood draws/DUI drug 76722 33 .39 00 01531 668 11/10/2022 ANDERSON COMMUNICATION INC 1104310 4365000 NOV22 RADIO REPEAT ER SERV ICE 19632 250 .00 00 01531 66 9 11 /1 0/2022 AT&T 1104210 4304200 Sheriff Location Fees 439242 325 .00 00 01531670 11/10/2022 B-OK LOCKSMITH 1104210 4304200 Sheriff Vehicle Re-Key 3419 477.26 00 01531671 11/10/2022 BIO TOX LABORATORIES 1104210 4390400 FY 22/23 Blood and Urine analy 43462 1,835 .81 00 01531672 11 /1 0 /2022 BMW MOTORCYCLE OF RIVERSIDE 1104210 4334000 FY 22/23 Maintenance and repai 6030844 1,453 .39 00 01531673 11 /10/2022 BURRTEC 2774373 4351800 TRASH PICKUP SRV PP East 433101-11 /22 8,150 .62 00 01531673 11/10/2022 BURRTEC 2774373 4351800 TRASH PICKUP SRV PP West 433104-11 /22 6 ,774.12 00 01531673 11/10/2022 BURRTEC 5!04195 4369601 73710 FW TRASH PICKUP SRV 208162-11 /22 480 .29 00 01531673 11 /10/2022 BURRTEC 5104195 4369602 73720 FW TRASH PICKUP SRV 208189-11 /22 336.69 00 01531674 11/10/2022 CACEO 1104422 4363000 Membership Dues-Hurtado 300016802 100 .00 00 015 31674 11/10/2022 CACEO 1104422 4363000 Membership Dues-Mora 3000 16 801 100.00 00 01531674 11/10/2022 CACEO 1104422 4363000 Membership Dues-Rodriguez 300016806 100 .00 00 01531674 11/10/2022 CACEO 1104422 4363000 Membership Dues-Centeno 300016856 100.00 00 01531674 11 /10/2022 CACEO 1104422 4363000 Membership Dues-Ritchey 300016821 100.00 Report Date 11/10/2 022 Page 2 City & Housing Item 1C-3 City of Palm Desert Check Register I I /10/2022 -11/10 /2022 Bank ID Check Number Check Date Vendor Name Account Number Transaction Desc Invoice A mount Paid 00 0 1531675 11 /10/2022 CALIFORN IA BUILDING OFFICIALS 11 04420 4312000 CALBO WEBINAR -JASON F 15976 280.00 00 01531676 11 /10/2022 CAL TRANS-PUBLICATION DIST UNIT 1104250 4332500 SIGNALS & LIGHT! G REISSU E SL220808 1,209 .63 00 01531677 11 /10/2022 CASH , PETTY 1104110 4211000 Flowers K. Quintanilla MEJIA 10/11 /22 96.96 00 01531677 11 /10/2022 CASH, PETTY 1104110 4312500 Food City Council Mtg. CASTELL 10/27/22 100 .00 00 01531677 11 /1 0/2022 CASH, PETTY 1104110 4312500 Food City Council Mtg. CASTELL 10/27/22 14.06 00 01531677 11/10/2022 CASH, PETTY 1104154 4305600 Live Scan DAN 9/29 /22 59.00 00 01531677 11 /1 0/202 2 CASH , PETTY 1104154 4305600 Live Scan LONG 9/29/22 54 .00 00 01531678 11 /10/2022 COACHELLA VALLEY WATER DIST . 1104330 4351000 1052 CORPORATION YARD 3 151 778477040C22 449 .24 00 0153167 8 11/10/2022 COACHELLA VALLEY WATER DIST. 1104340 4351000 44911 Cabrillo Avenue 7 l 2257390932OC22 116 .5 2 00 01531 678 11/10/2022 COACHELLA VALLEY WATER DIST . 1104340 4351000 45656 Mo un ta in View 788901403 I 40OC22 15 .15 00 01531678 11 /10/2022 C OACHELLA VALLEY WATER DIST. 1104340 4351000 45653 Portola Ave 7928 7 5403 120OC22 15 .37 00 01531678 11 /1 0/2022 COACHELLA VALLEY WATER DIST. 110461 I 4351000 1131 HOVLEY SOCC ER PARK 31530384 7830OC22 1,127 .10 00 01531678 11 /10/2022 COACHELLA VALLEY WATER DIST. 110461 I 4351000 10049 FREEDOM PARK 3154918480 l 8OC22 2,739 .8 1 00 01531678 11 /10/2022 COACHELLA VALLEY WATER DIST. 1104 6 1 I 4351000 10364 HOVLEY SOCCER PARK 3 I 6695849222OC22 12 ,169 .95 00 01531678 11 /10/20 22 COACHELLA VALLEY WATER DIST. 1104614 4351000 74735 Hovley Lane E -Soccer P l 27363385426OC22 11 5.35 00 01531678 11 /1 0 /2022 COACHELLA VALLEY WATER DIST. 1104614 4351000 1051 ST MEDIANS "4" 3 15 1 7 584 7702OC22 3,141.16 00 01531678 11/10/2022 COACHELLA VALL EY WATER DIST. 1104 614 4351000 1089 MEDIANS 31523984 7766OC22 3 ,159 .70 00 01531678 11 /10/2022 COACHELLA VALL EY WATER DIST. 1104614 4351000 1149 ST MEDIA S NORTH 58665 l 8499 l 2OC22 211.11 00 0153 1678 11 /10/2022 COAC HELLA VALLEY WATER DIST. 2304220 435 1000 73200 Mesa View Dr FS 67 17 6281 47 6314OC22 495 .5 4 00 01531678 11/10/2022 COACHELLA VALLEY WATER DIST. 2304220 4351000 73995 COUNTRY CLUB DR-FIRE DEP 122335377974OC22 204.44 00 01531678 11 /10/2022 COACHELLA VALLEY WATER D IST. 2734680 4351000 D. I 088 Desert Mira ge (Cook) 3 I 5237847764OC22 121.75 00 0153167 8 11/10/2022 COACHELLA VALLEY WATER DIST. 2734682 435 1000 13 1050 Primrose 11 31517384 7700OC22 184 .57 00 0153167 8 11/10/2022 COACHELLA VALLEY WATER DIST. 2754643 4351000 1 1050 Di amondback 3 15173 84 7700OC22 43.36 00 0153 1678 11/10/2022 COACHELLA VALLEY WATER DI ST. 2754680 435 1000 18 1050 Monterey Meadows 31517384 7700OC22 110 .67 00 01531678 11 /10/2022 COACHELLA VALLEY WATE R DIST. 275468 1 435 1000 17 1050 The Glen 3151738477000C22 296 .77 00 01531678 11/10/2022 COACHELLA VALLEY WATER DIST. 2754682 435 1000 2 1050 Hovl ey Estate s 3151738477000C22 28.15 00 01531678 11/10/2022 COACHELLA VALLEY WAT ER DIST. 2754682 4351000 15 l 050 Hovl ey Estates 3 I 5 l 73847700OC22 38.68 Report Date 11/10/2022 Page 3 City & Housing Item 1C-4 C ity of P a lm D esert C heck Register 11/10/2022 -I I /10/2022 Bank ID Check Numb e r Ch eck Date V endor N am e A ccount N umb er T ransaction Des c Invoice A mount Paid 00 0 1531678 11/10 /2022 COACHELLA VALLEY WATER DIST. 2754683 4351000 22 I 050 Sonata I 315 I 73847700OC22 228.59 00 0 1531678 11/10/2022 COACHELLA VALLEY WATER DIST. 2754684 4351000 20 I 050 Sonata II 3 1517384 7700OC22 131.65 00 01531678 11 /10/2022 COACHELLA VALLEY WATER DIST. 2754685 4351000 16 1050 Hovley Collection 31517384 7700OC22 92 .66 00 01531678 11 /10/2022 COACHELLA VALLEY WATER DIST . 2754685 4351000 21 1050 Hovley Collection 3 I5l 73847700OC22 28.15 00 01531 678 11 /I 0/2022 COACHELLA VALLEY WATER DIST . 2754686 4351000 5 I 050 La Paloma I 3 I 5173847700OC22 28.15 00 01531678 11/10/2022 COACHELLA VALLEY WATER DIST. 2754686 4351000 19 I 050 La Paloma I 3 I 5173847700OC22 36 .34 00 01531678 11 /10 /2022 COACHELLA VALLEY WATER DIST. 2754687 4351000 6 I 050 La Paloma II 315 I 73847700OC22 87 .26 00 0 1531678 I I/10/2022 COACHELLA VALLEY WATER DIST. 2754693 4351000 3 I 050 La Pa loma III 315 I 73847700OC22 110 .67 00 01531 678 11 /1 0/2022 COACHELLA VALLEY WATER DIST . 2754694 435 1000 7 I 050 Sandpiper 3151738477000C22 113.04 00 01531678 11/10/2022 COACH ELLA VALLEY WATER DIST . 2754695 4351000 8 1050 Sandpiper 3 1517384 7700OC22 70.34 00 01531678 11/10/2022 COACHELLA VALLEY WATER DIST . 2754696 4351000 4 1050 Hovl ey Coun West 3 I 5 I 73 84 7700OC22 48.04 00 0 1531678 11/10/2022 COACHELLA VALLEY WATER D IST. 2754697 4351000 14 1050 Palm Court 3 15 I 73 84 7700OC22 42.19 00 01531678 11/10/2022 COACHELLA VALLEY WATER DIST. 2794374 4351000 12 1050 Waring Court 3 15173 84 7700OC22 559.15 00 01531678 11 /10/2022 COACHELLA VALLEY WATER DIST. 2804374 4351000 11 I 050 Pa lm Gate 315 I 73847700OC22 43.36 00 01531678 I I /10/2022 COACHELLA VALLEY WATER DIST. 2854374 4351000 C . I 088 Kaufman & Broad (Heath 3152378477640C22 77.29 00 01531678 I I /I 0/2022 COACHELLA VALLEY WATER D IST. 28643 74 4351000 IO I 050 Canyon Crest 315 I 73847700OC22 66.76 00 01531678 11 /10/2022 COACHELLA VALLEY WATER DIST. 2874374 4351000 H . I 088 College View Estates I 3 l5237847764OC22 118.38 00 01531678 11/10/2022 COACHELLA VALLEY WATER DIST. 2874680 4351000 F. 1088 The Boulders (Shepherd 3 I 5237847764OC22 270 .94 00 01531678 11/10/2022 COACHELLA VALLEY WATER DIST. 2874681 4351000 B. I 088 Sundance W (Kokopelli) 3 I 5237847764OC22 339 .53 00 01531678 I 1/10/2022 COACHELLA VALLEY WATER DIST. 2874682 4351000 E. I 088 Petunia Place l (Petun 3 l5237847764OC22 105.06 00 01531678 11 /10/2022 COACHELLA VALL EY WATER DIST. 2874683 4351000 A. l 088 Sundance E. (Shepherd 315237847764OC22 966.92 00 01531678 l l /10/2022 COACHELLA VALLEY WATER DIST. 2874684 4351000 G. 1088 College View Estates I 3 l 523784 7764O C22 132.42 00 0 1531678 l l /1 0 /2022 COACHELLA VALLEY WATER DIST . 2994374 4351000 9 1050 PDCC 315l 73847700OC22 432.26 00 0 1531678 11 /10/2022 COACHELLA VA LLEY WATER DIST. 1104310 4351000 26 Construction meter 3068 23 768022OC22 135 .I 0 00 0 153 1678 11 /10/2022 COACHELLA VALLEY WATER DIST. 11 043 10 4351000 68 Construction meter 306749767878OC22 126 .95 00 0 1531678 11 /10/2022 COACHELLA VALLEY WATER DIST. 1104310 4351000 Town Center Way-Bus Shelter 3071138 l 3 I 50OC22 29 .39 00 0 1531679 l 1/10/2022 COMMERCIAL DOOR COMPANY fNC 2304220 4400100 REPLACE THREE APPRA TUS BAY DOO P09-22-I34 182 ,700.00 Report Date 11/10/2022 Page 4 City & Housing Item 1C-5 C ity of P a lm Desert Check Register 1 1/10/2022 -11/10/2022 Bank ID Check Numb er Ch ec k Date V endor N ame Account N umb e r Tra nsaction Des c In voic e A mount Paid 00 01531680 11/10/2022 CONSOLIDATED ELECTRICAL DIST. INC. I 104614 4219000 electrical supplies -El Paseo 5725-1063641 63.52 00 0 1531681 11 /10/2022 COUNTY OF RIVERSIDE SHERIFF DEPT 11 04210 4217000 FY 22 /23 PD Police Motors Fuel SH0000041857 649.18 00 0 1531681 11/10/2022 COUNTY OF RIVERSIDE SHERlFF DEPT 1104210 4217000 FY 22/23 Burg lary Suppression SH000004 l 856 1,838 .35 00 01531682 11 /10/2022 CPS HR CONSUL TING I 104150 4312000 Org & prior success K . Perez 1284 74 150.00 00 0 1531683 11/10/2022 DEPARTMENT OF JUST ICE 1104210 4390400 FY 22 /23 Blood alcohol analysi 613240 280.00 00 0 1531683 11 /10/2022 DEPARTMENT OF JUST ICE 1104210 4390400 FY 22/23 Blood alcohol analy s i 613357 35.00 00 015316 84 11 /1 0/2022 DESERT AIR CONDITIONING INC. I 104610 4331000 ale repairs -CC Prk Sn ac k Bar 231633 23.05 00 0 1531684 11/10/2022 DESERT AIR CONDITIONING INC. 1104611 4331000 ale repairs - F Prk Snack Bar 231635 19 .89 00 0 1531684 11/10/2022 DESERT AIR CONDITION ING INC. 1104611 433 1000 ale repairs -S Prk Snack Bar 231637 20.49 00 0 1531684 11/10/2022 DESERT AIR CONDITION ING INC. 1104330 4331000 HY AC PM -CORPORATION YARD 231620 1,472.25 00 01531684 11 /10/2022 DESERT AIR CONDITIONING INC. 1104340 4331000 HY AC PM -CITY HALL / HS / PDC 231620 4,393.00 00 01531684 11/10/2022 DESERT AIR CONDITIONING INC. 1104340 4331000 EX TRAS HY AC -CITY HALL 231617 198.00 00 01531684 11 /10/2022 DESERT AIR CONDITION ING INC. 1104344 4331000 HVAC PM -PORTOLA CC 231620 324.00 00 01531684 11 /10/2022 DESERT AIR CONDITIONING INC. 1104344 4331000 EXTRAS HY AC -PORTOLA COMMUN IT 231631 1,364.00 00 01531684 11 /1 0 /2022 DESERT A IR CONDITIONING INC. I 104610 4331000 HY AC PM -CIVIC CENTER PARK 231620 26 1.00 00 01531684 I 1/10/2022 DESERT A IR CONDITIONING INC. I 10461 I 4331000 HV AC PM -FREEDOM & HOVLEY PAR 231620 367.00 00 0 1531684 11 /10/2022 DESERT AIR COND ITIONING INC . I 104800 4388500 HY AC PM -ARTISTS COUNC IL 231620 1,285.00 00 01531684 11 /10/2022 DESERT AIR CONDITIONING INC. 2304220 4331000 HVAC PM -FIRE STATION 67 ,71 231620 1,084.00 00 0153 1684 11 /10/2022 DESERT A IR CONDITION ING INC. 2304220 4331000 COOLER PM -FIRE STATION NO. 3 231620 1,344.25 00 01531684 11 /10 /2022 DESERT AIR CONDITIONING INC. 4254430 4395000 HY AC PM -iHUB BU ILDING 231620 1,545 .00 00 0 1531684 11 /10/2022 DESERT AIR CONDITION ING INC. 5 104195 4369500 !WAC PM-SHERIFF SUBSTATION 231620 6,983.00 00 015316 84 11 /10/2022 DESERT AlR CONDITIONING IN C. 5 104195 4369500 EXTRAS HY AC -SHERIFF SUBSTA Tl 231327 609.02 00 0 1531684 11/10/2022 DESERT AIR CONDITION ING INC. 5 104 195 4369500 EXTRAS HY AC -SHERIFF SUBST A Tl 231535 551.21 00 01531684 11/10/2022 DESERT AIR CONDITIONING INC. 5 104 195 436960 1 HY AC PM -PARKVIEW OFFICE COMP 231620 1,8 06.00 00 0 1531684 11/10/2022 DESERT AIR CONDITIONING INC . 5 104195 4369601 EXTRAS HVAC-PARKVIEW OFFICE 23 1612 626.50 00 0 1531684 11/10/2022 DESERT A IR CONDITION ING INC. 5104195 4369602 HY AC PM -STATE BU ILD ING 23 1620 1,130.00 00 0 1531684 11/10/2022 DESERT AIR CONDITIONING INC. 5104195 4369602 EXTRAS HY AC -STA TE BUILDING 2316 14 818.34 Report Date 11/10/2022 Page 5 City & Housing Item 1C-6 C ity of Palm Desert Check Register I l /10/2022 - I l /10/2022 Bank ID Check N umber Check Dat e V endor N ame A ccount N umb er T ran sa ction D es c Invoice A mount Pa id 00 0 1531684 11 /1 0/2022 DESERT AIR CONDITIONING INC. 5104195 4369800 HVAC PM -HENDERSON BLDG 231620 562.00 00 01531685 11 /10/2022 DESERT DISCOUNT CLEANERS LLC 1104211 4306001 COP Dry Cleaning 9/17/2022 133.60 00 01531686 11/10/2022 DESERT ELECTRIC SUPPLY 1104340 4331000 electrical su pplies -City Hal S30248 l 1.001 3.62 00 0 1531686 11/10/2022 DESERT ELECTRIC SUPPLY 5104195 4369601 electrical su pplies -Parkview S3023744 .001 40.24 00 01531687 11 /1 0/2022 DESERT NAPA AUTO PARTS 1104331 4334000 RIM Fleet #140 City owned 965483 132.80 00 01531688 11 /10/2022 D ESE RT RECREATION DISTRICT 1104344 4309000 SERVICES FOR PORTOLA COMMUNITY 3297 8,907.77 00 01531 688 11/10/2022 D ESERT REC REA TIO DISTRICT 1104610 4309200 SERVICES FOR CITY PARKS AND 3296 40,032.34 00 0 1531689 11 /10/2022 DOKKEN ENGINEERING 2 134359 4400100 PROVIDE ENGINEERING AND 42177 9 ,7 05 .00 00 01531690 11 /10/2022 DR HYDRAULICS INC 2304220 4331000 COMPRESSOR SRV -FIRE STATIONS 2638 492.44 00 01531690 11/10 /2022 DR HYDRAULICS IN C 2304220 4331000 COMPRESSOR SRV -FIRE STATIONS 2639 492.44 00 01531690 11/10/2022 DR HYDRAULICS IN C 2304220 4331000 COMPRESSOR SRV -FIRE STATIONS 2640 492.44 00 01531691 11 /10/2022 DRAGON'S EXTERMJNA TOR I 104610 4331000 PEST CONTROL-CIVIC CENTER OC22 89217284 50.00 00 01531691 11/10/2022 DRAGON'S EXTERMINATOR l !0461 I 4331000 PEST CONTROL-PARK BLDS OC22 89217284 180 .00 00 01531 69 1 11 /1 0/2022 DRAGON'S EXTERMINATOR I 1046 1 I 439 1000 PEST CONTROL-COMM GARDEN OC22 892 17284 10 .00 00 01531692 11/10/2022 EISENHOWER MEDICAL CENTER I 104210 4390400 FY 22/23 Medical examinations T222710I02 800.00 00 01531693 I 1/10/2022 ENGINEERING RESOURCES 4204370 5000454 PROFESSIONAL ENGINEERING AND D 58304 15 ,98 7.50 00 01531694 11 /10/2022 FINLEY , JASON 11 00000 1150100 CACEO 10/24-27/22 J.F INLEY CLR MILEI0/27 /22 -135.00 00 01531 69 4 11 /10/2022 FINLEY, JASON 11 00000 11 50100 CACEO 10/24-27/22 J.FINLEY CLR PRDMI0/27/22 -259.00 00 01531694 11 /1 0/2022 FINLEY, JASON I 100000 1150100 CACEO 10/24-27/22 J.FINLEY CLR LDGI0/27 /22 -587.31 00 01531694 11/10/2022 FINLEY , JASON I 104420 4311500 CACEO 10/24-27/22 J.FINLEY MILEI0/2 7/22 135.00 00 01531694 11 /10/2022 FINLEY, JASON 1104420 4312000 PARKJNG RE IMB -JASON FINLEY 10/27 /2022 87 .00 00 0 1531694 11/10/2022 FINLEY, JASON 1104420 4312000 CACEO 10/24-27/22 J.FINLEY PROM 10/27 /22 259 .00 00 0 1531694 11/10/2022 FINLEY , JASON 1104420 4312000 CACEO 10/24-27/22 J.F INLEY LOG I 0/27 /22 587.31 00 0 1531695 11/10/2022 FIRSTCHOICE COFFEE SERVICE I 104340 42 19000 SUP PLY AS NEEDED VARIO US 7 16020 283.51 00 01531695 I 1/10/2022 FIRSTCHOICE COFFEE SERVICE 1104340 4219000 SUPPLY AS NEEDED VARIO US 7 16614 783.68 00 0 153 1696 11 /10/2022 FORTNET SECURITY INC 1100000 1430100 Mimecast EXP 11 /8 /23 INV-3606 3 ,544.53 00 01531696 11 /10/2022 FORTNET SECURITY INC I 100000 1430100 Palo Alto-Firewall EXP! 1/26/23 INV-3607 9 ,7 87 .90 Report Date 11/10/2022 Page 6 City & Housing Item 1C-7 C ity of P a lm D esert Check Register 11/10/2022 -11/10/2022 Bank ID C heck N umb er Check D ate Ve ndor Na me Account N umbe r T ran sac tion Desc In voice A moun t Paid 00 01531696 11 /10/2022 FORTNET SECURITY INC 1104190 4362001 Mimecast INY-3606 7,089.07 00 01531696 11/10/2022 FORTNET SECURITY IN C 1104190 4362001 Palo Alto-Firewall Security INY-3607 13,703.10 00 01531697 11/10/2022 FRAZER LTD 2304220 4304500 Fire Bumpers 85662 686 .09 00 01531698 11 /10/2022 FULTON DISTRIBUTING I 104330 4219000 PAPER JANI SUPPLIES-CORP YARD 581227 361.33 00 01531698 11/10/2022 FULTON DISTRIBUTING 1104330 4219000 JANITORIAL SUPPLIES-CORP YARD 581227 364.12 00 01531699 I 1/10/2022 GALLS LLC 1104211 4306001 COP Uniforms 022299150 56.38 00 01531700 11 /10/2022 Gary Ireland I 104230 4309000 PET Y ACCINA TION-MINA/MINU I Q8S-REISSUE 30.00 00 01531701 11/10/2022 HAMMER PLUMBING AND PUMPING IN C. 1104611 4331000 CAHUILLA HILLS PARK RESTROOM T 22117-1 380.00 00 01531702 11/10/2022 HDS WHITE CAP CONSTRUCTION SUPPLY 1104310 4332000 SUPPLIES AS NEEDED FOR 50019881746 1,056.26 00 01531703 11/10/2022 HIGH TECH IRRIGATION INC. 1104610 4219000 shovel -CC Park 733489 19.66 00 01531703 11 /10/2022 HIGH TECH IRRIGATION INC. I 104610 4219000 rake -CC Park 733674 30 .97 00 01531703 11 /10/2022 HIGH TECH IRRIGATION INC. I 104614 4337001 irrigation repairs -El Paseo 732582 125.42 00 01531703 11 /10/2022 H1GH TECH IRRIGATION INC. 1104614 4337001 irrigation repairs -El Paseo 732793 68.45 00 01531704 11 /10/2022 HORIZON LIGHTING INC . 2304220 4404000 INSTALL CEILING FANS INCLUDING 297479 3 ,8 92 .89 00 01531705 I 1/10/2022 HORIZON PROFESSIONAL LANDSCAPE 2774373 4332100 clean up trash bins -LMA 7 PP 64 11 797.04 00 01531705 I 1/1 0/2022 HORIZON PROFESSIONAL LANDSCAPE 2824373 4332100 tree staking -LMA 7 PPIII 6420 610.00 00 01531706 11 /10/2022 HR GREEN PACIFIC INC 1104130 4312500 DYBA GOLF TOURN-T.HILEMAN 11/18-TH 190.00 00 01531706 11/10/2022 HR GREEN PACIFIC INC I 104130 4312500 DYBA GOLF TOURN-M.ALY AREZ 11 /18-MA 190 .00 00 01531707 11/10/2022 II M C 11041 11 4363000 Member Renewal N.ORTEGA 44617 250.00 00 01531707 11/10 /2022 !IMC 1104111 4363000 Member Ren ewa l + New Member 22262 365.00 00 01531708 11 /10/2022 IMPERJAL IRRIGATION DISTRJ CT 1104250 4351400 S/W COR CC WSH 50 l 55642-OC22 66.46 00 01531708 11 /10/2022 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 S/W COR CC WSH 50 155645-0C22 62 .14 00 01531708 11/10/2022 IMPERIAL IRR IGATION DISTRJCT I 104250 4351400 40996 WASH ST TRF SIGNAL 50524526-0C22 84.35 00 01531709 11/10/2022 IMPERJAL SPRINKLER SUPPLY INC 1104611 4332001 irrigation supplies -LMA 16 5310051-00 675.61 00 01531710 I 1/10/2022 JESUS CENTENO I 100000 I 150 100 CACEO 10/24-10/27 CLR PRDM I 0/27 -259.0 0 00 01531710 11/10/2022 JESUS CENTENO 1100000 1150100 CACEO I0/24-10/27 CLR LDG 10/26 /22 -509.81 00 01531710 11/10/2022 JESUS CENTENO I 100000 1150100 CACEO 10/24-10/27 CLR MILE 10/27 -135.00 Report Date 11/10/2022 Page 7 City & Housing Item 1C-8 C ity of P a lm De se rt Check Register I I /10/2022 -I I /10/2022 Bank ID Check N umb er Check Date Vendor Na me Ac count N umb er T ransaction Desc In vo ice A mount P aid 00 01531710 11 /10/2022 JESUS CENTENO 1104422 431 I 500 CACEO 10/24-10/27 MILE 10/27 /22 135.00 00 01531710 11 /I 0/2022 JESUS CENTENO 1104422 4312000 CACEO I 0 /24-10/27 PROM 10/27 /22 259.00 00 01531710 11/10/2022 JESUS CENTENO I 104422 43 12000 CACEO 10/24-10/27 LDG I 0/26/22 509.82 00 01531710 11 /10/2022 JESUS CENTENO 1104422 4312000 CACEO 10/24-10/27 PRK 10/26 /22 54.00 00 01531711 11/10/2022 JOHN HARRJSON CONTRACTING INC 1100000 3221 100 80% REFUND FOR HVRC22-0963 HVRC22-0963 127.20 00 0 1531712 11 /1 0/2022 JON'S FLAGS & POLES INC I 104340 4219000 flags -City Hall F87024 1,029 .01 00 01531713 11/10/2022 JR THOMAS GOLF CARS INC 1104331 4334000 golf cart repairs -Parks 8252 576.76 00 01531714 11/10/2022 KNORR SYSTEMS INC 2424549 4331101 AUG22 PREVENTATIVE MAINTENAN S I241760 2,970.00 00 01531714 11 /10/2022 KNORR SYSTEMS INC 2424549 4331 IOI JUL Y22 PREVENTATIVE MAINTENAN SI241715 2 ,970.00 00 01531715 11 /I 0/2022 LA PINA TA PARTY RENTALS INC 1104416 4306101 Equipment Rental 751684 8,719.73 00 0 1531716 11/10/2022 LA PLANTE, PAUL 1104230 4309000 Pet Adoption reimburstmnt 10/28 /2022 25.00 00 01531717 11 /10/2022 LAWSON PRODUCTS INC 1104310 4332000 Street Maint supplies 9310035270 277.73 00 01531718 11 /1 0/2022 LOCK SHOP INC. 1104340 4219000 keys -City Hall AA00064277 9.54 00 01531718 11 /1 0/2022 LOCK SHOP INC. 1104340 4219000 keys -C ity Hall 8B00553333 13 .25 00 01531718 11/10/2022 LOCK SHOP INC. I 104340 4219000 keys -City Hall B800553382 21.55 00 01531718 11/10/2022 LOCK SHOP INC. 1104340 4331000 door handles and keys -CC Al34678 865.86 00 01531718 11/10/2022 LOCK SHOP INC . I 104614 4392101 locks for electrical outlet bo B800553298 37.50 00 01531718 11/10/2022 LOCK SHOP INC. 5 104195 4369500 door handle replacement -SSS Al34605 1,383 .78 00 01531718 11 /10/2022 LOCK SHOP INC. 5104195 4369601 door handle replacement -Park Al34656 331.66 00 0 1531718 11 /10/2022 LOCK SHOP INC. 5104195 4369601 door hand le tags and keys -Pa A134657 309.89 00 01531719 11/10/2022 LOWE'S HOME CENTERS INC . 1104310 4332000 Street Maint suppli es 902802-102422 26.60 00 01531719 11/10/2022 LOWE'S HOME CENTERS INC . I 104310 4332000 Street Maint supplies 902805-102422 217.83 00 01531719 11 /10 /2022 LOWE'S HOME CENTERS INC. I 104310 4332000 Street Maint suppli es 902812-102422 137.19 00 01531719 11 /10 /2022 LOWE'S HOME CENTERS INC. 1104310 4332000 Street Maint suppli es 920075-102722 83.27 00 0 1531719 11/10/2022 LOWE'S HOME CENTERS INC. 1104340 4219000 blower -City Hall 902949-102422 240.54 00 01531719 11/10/2022 LOWE'S HOME CENTERS INC. 1104340 4219000 floor fans -City Ha ll 909768-102322 326.54 00 01531719 11/10/2022 LOWE'S HOME CENTERS INC. I 104340 4219000 refrigerator -City Hall 902434-102722 306.05 Report Date 11/10/2022 Page 8 City & Housing Item 1C-9 City of Palm Desert Check Register I 1/ I 0/2 022 -11 /1 0/2022 Bank ID C heck N umb er Check Date Vendor Name Acco unt N umber Tra nsaction Desc Invoice A mount Paid 00 0 153 171 9 11 /10/2022 LOWE'S HOME CENTERS IN C . 11 04416 4306 101 Go ! f Cart Float su ppli es 903701 -101 922 179.49 00 01531719 11 /10/2022 LOWE'S HOME CENTERS INC . 1104416 4306 101 Golf Cart Floa t su ppli es 90 I 028 -1 02022 459 .55 00 0 15 3 17 19 I 1/1 0 /2022 LOWE'S HOME CENTERS INC . 1104416 430610 1 Go lf Cart Float sup pl ies 9024 54-I 02122 192 .84 00 0 15 3 1719 11/10/2022 LOWE'S HOME CENTERS INC . 11 044 16 4306101 Golf Cart Float su ppli es 902594-102222 118 .37 00 01531719 11/10/2022 LOWE'S HOME CENTERS I C. I 1046 11 4219000 nuts and bolts -Parks 902849-102 622 21.4 2 00 01531719 11/10/2022 LOWE'S HOME CE TERS INC . 1104614 4219000 work too ls -landscape 90294 1-102422 159.69 00 0 153 1720 11 /10/2022 M & M S WEE PI NG INC . 11 04310 4332000 COMMERCIAL /RESIDENTIAL SEP22 63978 14,374 .26 00 01 531720 11 /10/2022 M & M SWEEPING INC . 1104310 4332000 COM MERC IAL/RES ID ENT IAL OCT22 64 164 14,374.26 00 01 53 1720 11 /10/2022 M & M SW EE PIN G INC. I 1043 I O 4332000 PRK NG LOT SW EE PING -CORPYD OC22 64 163 339.16 00 01531720 11 /10/2022 M & M SWEEPING INC. I 1046 10 4332100 PRKNG LOT SWEEPING-CC PK OCT22 64 16 3 763 .33 00 0153 I 720 11/10/2022 M & M SWEEPI NG INC. I 10461 I 4332501 PRKNG LOT SWEEP! G-PARKS OCT22 64163 602 .92 00 01531720 11 /10/2022 M & M SWEEPING I C. I 104614 4392 101 PRK G LOT SWEEPING-E TRDA OC22 64 163 246.67 00 01531720 I 1/10/2022 M & M SWEEP! G INC. 2424549 4331 100 PRKNG LT SWEEPING-AQUA TIC OC22 64163 139.17 00 01531720 11/10/2022 M & M SWEEPI NG INC . 2774373 4309103 PRK G LT SWEEP! G-PRESIDE OC22 64163 592 .50 00 01 53 1720 11 /10/2022 M & M SWEEPING INC . 2824373 4309 10 3 PRKNG LT SWEEPING -PRESID E OC22 64163 458 .33 00 0 1531720 11 /1 0/2022 M & M SWEE PING INC. 5104195 4369601 PRKNG LT SWEEPING-PARK.VIE OCT2 64 163 187.92 00 01 53 172 1 11 /10/2022 MAG ER, VAN ESSA I 100000 11 50100 Green Ro om Supplies/Snack CLRADV I 02722 -600.00 00 01531721 11/10 /2022 MAGER, VANESSA I 104416 430610 1 Green Room Supplies/Snack 58400 1 49.23 00 0 153172 I 11/10/2022 MAGER, VANESSA 11 04416 4306101 Green Room Supplies/Snack 4940 51.81 00 01531721 11 /10/2022 MAGER, VANESSA I 10441 6 4306101 Green Room Supplies/Snack 85902 23.99 00 01531721 11/10/2022 MAGER, VAN ESSA 11 04416 430610 1 Green Room Supplies/Snack 69277 17.99 00 01531721 11 /10/2022 MAGER, VANESSA 11 044 16 4306101 Green Room Supplies/Snack 59 101 55 .96 00 01531721 11 /10/2022 MAG ER, VA NESSA I 104416 4306101 Green Room Supplies/Snack !0004287795 43 .10 00 01531721 11 /10/2022 MAGER, VANESSA I 10441 6 4306101 Gree n Ro om Supplies/Snack 5 12032 14 73 .75 00 0 153 1721 11/10/2022 MAGER, VANES SA 11 04416 430 6 101 Green Ro o m Supplies/Snack 5 12034 2 1 32.61 00 01531721 11 /10/2022 MAGER, VAN ES SA 11 04416 430610 1 Co ncerts/ribbon cutting 1000977101 8 61.93 00 0 1531721 11 /10/2022 MAGER, VANESSA 110441 6 4306101 Green Ro om Supplies/Snack 51533570 21.28 Report Date 11/10/2022 Page 9 City & Housing Item 1C-10 C ity of Palm Desert Check Register I 1 I I 0/2022 -I I /10/2022 Bank ID Check Numb er Ch eck Date Ve ndor N ame A ccount N umbe r T ran saction Desc Invoice A mount Paid 00 0 1531721 11 /10/2022 MAGER, VANESSA 11044 16 4306101 Green Room Suppli es/Snack 964901 4 1.26 00 01531721 11/10 /2022 MAGER, VANESSA 11 04416 4306 101 Golf Cart Parade Float dcor 2559464 223.57 00 01531721 11 /10/2022 MAGER, VANES SA 1104416 4306101 Golf Cart Parade Float dcor 3594646 8.68 00 01531722 11 /10/2022 MARJPOSA LANDSCAPES I C 1104614 4337001 LMA l OCT22 LA DSCAPE MAlNTE 99851 40,875.38 00 0153 I 723 11/10/2022 MERCHANTS BUILDING MAINTENANCE LLQ:104330 4331000 JAN ITORJAL -CORP YARD OCT22 696659 2 ,667.98 00 01531723 11/10/2022 MERCHANTS BUILDING MAINTE ANCE LLQ:104340 4332600 JANITORIAL EXTRA SRVS 688892 800 .00 00 01531723 I 1/10/2022 MERCHANTS BUILDING MAINTENANCE LLQ:104340 4332600 JANITORIAL -CITY HALL OCT22 696659 7,675.63 00 01531723 11/10/2022 MERCHANTS BUILDING MAINTENANCE LL<I:104344 4331000 JANITORIAL -PORTOLA CC OCT22 696659 1,347.88 00 01531723 11 /J 0/2022 MERCHANTS BUILDING MAINTENANCE LUr254430 4395000 JAN ITORIAL -iHUB OCT22 696659 1,55 1.11 00 01531723 11 /10/2022 MERCHANTS BUILD ING MAINTENANCE LL6:l04 195 4369500 JAN ITORIAL -SHERIFF SUB OCT22 696659 7,943.77 00 01531723 11 /10/2022 MERCHANTS BU ILDING MAINTE ANCE LL6:I 04195 4369601 JA ITORIAL -PARK.VI EW OCT22 696659 7,943.77 00 01531723 11 /10/2022 MERCHANTS BUILDING MAINTE ANCE LL6:I 04195 4369602 JANITORIAL -ST A TE BLDG OCT22 696659 5,984.7 0 00 01531723 11 /10/2022 MERCHANTS BUILDING MAINTE ANCE LL6:l04l95 4369800 JANITORIAL -HENDERSON OCT22 696659 988.10 00 01531724 11 /10/2022 NANCE, MICHELLE I 10411 l 4363000 Reimburse: Notary Reg . 22-378914 70.57 00 01531 724 11 /1 0 /20 22 NANCE, MICHELLE 1104430 4366000 Reimburse : Po stage for AIPP 575041912 39.70 00 01531725 11 /1 0 /2022 NEW WEST LANDSCAPE 8734195 4337000 PPMHP Landscape Maint Sp 129 220111-7 150.00 00 01531725 11/10/2022 NEW WEST LANDSCAPE 8734 195 4337000 PPMHP Landscape Ma int Sp 73 220111-7 150.00 00 01531726 11/10/2022 OTIS ELEVA TOR CO 5104 195 4369500 ELEVA TOR SVC SHERIFF SS NOV22 100400946568 206 .02 00 01531727 11/10/2022 OZZ IE'S INTERNATIONAL T IRE & AUTO 1104331 4334000 SUPPLEMENTAL GENERAL FLEET REP 31647 1,53 7.58 00 01531727 11 /10/2022 OZZIE'S INTERNATIONAL TIRE & AUTO 1104331 4334000 SUPPLEMENTAL GENERAL FLEET REP 31733 86.00 00 01531728 11/10/2022 PALM D ESERT ACE HARDWARE 1104310 4332000 Street Maint supplies 238440 30.90 00 0 1531728 11/10/2022 PALM D ESERT ACE HARDWARE I 104340 4219000 building supplies -City Hall 238409 68 .04 00 0 1531728 11/10/2022 PALM DESERT ACE HARDWARE 1104340 4219000 trash cans -Council Chambers 238456 84.12 00 0 1531728 11/10/2022 PALM DESERT ACE HARDWARE 11 046 11 4331000 nuts an d bol ts -Freedom Park 238522 92.98 00 0 1531729 11 /10/2022 PALM DESERT CHAMBER OF COMMERCE 11 04 110 43 12500 Ke ll y-Council Candidate Forum 73143 20.00 00 01531729 11 /10/2022 PALM DESERT CHAMBER OF COMMERCE 11 04800 430620 1 POPS AW ARD SPONSOR 73067 3,500.00 00 01531730 11 /10/2022 PALMER ELECTRIC 2824373 4332100 e lectrical repai rs -President 3931 109.00 Report Date 11/10/2022 Page 10 City & Housing Item 1C-11 C ity of Palm D esert Check Register I I /I 0/2022 -11 /l 0/2022 BankID Ch eck N umb e r Ch eck Date Vendor N am e A ccount N umb e r Tr ansaction Desc Invoice A mount Paid 00 0 153 1730 11/10/2022 PALMER ELECTRIC I 104610 4332100 ELECT REPAlRS -CIVIC CENTER P 3889 109.00 00 01531730 11 /10/2022 PALMER ELECTRJC 1104610 4332 100 ELECT REPA IRS -CIVIC CENTER P 3890 269.90 00 01531730 I 1/10/2022 PALMER ELECTRJC I 104610 4332100 ELECT REPA IRS-CIVIC CENTER P 3898 12 ,627.56 00 01531730 11/10/2022 PALMER ELECTRJC 1104610 4332100 ELECT REPAIRS -CIVIC CENTER P 3904 436.00 00 01531730 11/10/2022 PALMER ELECTRIC 1104610 4332100 ELECT REPAIRS -CIVIC CENTER P 3930 970.75 00 0 1531730 11/10/2022 PALMER ELECTRIC 1104610 4332100 ELECT REPAIRS -CIVIC CENTER P 3951 3,943.68 00 01531730 11/10/2022 PALMER ELECTRIC 1 104611 433250 1 ELECT REPAlRS -PARKS 3885 1,262.31 00 01531730 11/10/2022 PALMER ELECTRlC 1104614 4392101 ELECT REPA IRS -ENTRADA DEL PA 3914 353.69 00 0 1531730 11 /10/2022 PALMER ELECTRIC 1104614 4392101 ELECT REPAIRS -ENTRADA DEL PA 3952 3,036.16 00 0 1531730 11/10/2022 PALMER ELECTRIC 4364650 4400200 PERFORM LIGHTING AND ELECTRlCA 3938 16,183.91 00 0 1531731 11 /10/2022 PALMS TO PINES TOWING 1104210 4304200 Sheriff Lockout Service 36665 100.00 00 01531732 11 /10/2022 PATlO GUYS 2424549 4400100 AC CHAIR/LOUNGE REF l N ISH 249402-INV 8,053.00 00 01531733 11 /10/2022 POWERSTRJDE BATTERY COMPANY INC 1104250 4332500 traffic supplies P696417 799.89 00 01531 733 11/10/2022 POWERSTR!DE BATTERY COMPANY INC l 104331 4334000 Rep a irs -Sherifrs Golf Cart P696405 142 .50 00 01531734 11 /1 0/2022 PPG ARCHITECTURAL FINISHES 1104310 4391502 Graffiti supplies 972203102809 24.98 00 01531735 I 1/10/2022 PRO-CRAFT CONSTRUCTION INC 1104611 4331000 PLUMBING SRV -PARKS 22115-1 441.00 00 01531735 11/10/2022 PRO-CRAFT CONSTRUCTlON lNC 11046 11 4331000 PLUMBING SRV -PARKS 22115-2 427.00 00 01531735 11/10/2022 P RO-CRAFT CONSTRUCTION INC l 1046 11 4331000 PLUMBING SRV -PARKS 22115-5 366.00 00 0 1531736 11/10/2022 PROACT IVE CONSUL T ING GROUP LLC I 104331 4334000 5-year review & update of SPCC 0008623 3,8 00.00 00 0 1531737 11/10/2022 QUINN COMPANY 11 04340 4331000 GNRTR SRVCS-CITY HALL & WOG000 l 3667 1,350.00 00 0 1531737 11/10/2022 QUINN COM PANY 1104340 4331000 GNRTR SRVCS - C ITY HALL & WOGOOOl3789 1,032 .87 00 01531737 11/10/2022 QUINN 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01531746 11/10/2022 SINATRA & COOK PROJECT LLC 4254430 4345000 iHUB Rental -FY 22 /23 MNTH34DEC2022 16,620.62 00 01531747 11/10/2022 S!TEONE LANDSCAPE SUPPLY LLC 1104611 4332001 Adj Rotors & Irrigation repair 123942644-001 3,791.11 00 01531748 I 1/10/2022 SO CAL GAS 1104330 4351200 74605 42nd Ave SHOP 05382896 ! 49-NV22 37.51 00 01531748 I 1/10/2022 SO CAL GAS 1104340 4351000 45653 Portola Avenue Apt. l82225l2750-SP22 4.77 00 01531748 11/10/2022 SO CAL GAS 1104340 4351000 45653 Portola Avenue Apt. 2 l84325l2590-SP22 34.44 00 01531748 11/10/2022 SO CAL GAS 11 04340 4351200 73510 FW City Hall 20092710001-SP22 29.83 00 01531748 11/10/2022 SO CAL GAS 1104340 4351200 73510 FW City Hall 20092710001-0C22 29.26 00 01531749 11/10/2022 SOUTHERN CALIFORN IA EDISON I 104340 4351400 43980 I /2 San Pablo Rd 70033928 I 893OC22 3,823.23 00 01531749 11/10/2022 SOUTHERN CALIFORNIA EDISON 11 04340 4351400 4491 I Cabrillo Avenue 70047150906lOC22 14 .32 00 01531749 11/10/2022 SOUTHERN CALIFORNIA EDISON 110461 I 4351400 73510 FW PARKS 7005308I I 124OC22 901.20 00 01531749 11/10/2022 SOUTHERN CALIFORNIA ED ISON 2304220 435 1400 F IRESTATION 33, 67, & 71 700028290904OC22 7 ,542.53 00 01531749 1 1/10/2022 SOUTHERN CALIFORNIA EDISON 2424549 4351400 73751 Magnesia Falls Dr POOL 7000 I 92 ! 9986OC22 9,322.46 00 01531749 I 1/10/2022 SOUTHERN CALIFORNIA ED ISON 4254430 4395000 iHUB (10/6-11-3) 700423 I 02627OC22 1,319.72 00 0 1531749 11/10/2022 SOUTHERN CALIFORN IA EDISON 5104 195 4351400 73710 FRED WARING DR STE 116 7003394 I 7l88OC22 66.93 00 01531749 11/10/2022 SOUTHERN CALIFORNIA EDISON 5 104 195 4351400 73720 FW STE I00A 700066496069OC22 1,371.48 Report Date 11/1 0/2022 Page 12 City & Housing Item 1C-13 City of P a lm Desert Check Register 11 /I 0/2 022 - 1 I /I 0/2022 Bank ID Check Numb e r Check Date Vendor Na me Account Number Transaction Desc Invoice A mount Paid 00 01531749 11 /10/2022 SOUTHERN C ALIFORNIA ED ISON 5 104 195 4369800 72559 Hwy 111 Unit A 700044643888OC22 1,485.10 00 0 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I 104310 4332000 SUPPLY AS NEEDED FOR VARIOUS S 1096632 1,322.94 00 01531758 11 /10/2022 TOPS N BARRICADES IN C . 1104310 4332000 SUPPLY AS NEEDED FOR VARIOUS S 1096674 1,396.57 00 01531759 11 /10/2022 UNIFlRST CO RPORATION 1104310 4214000 INDUSTRIAL UNIFORM RENTAL AND 3251851653 278 .9 6 00 0 1531759 11/10/2022 UNIFIRST CORPORATION 1104310 4214000 INDUSTRIAL UNIFORM RENTAL AND 3251854203 164.43 00 01531759 11/10/2022 UNJFTRST CORPORATION 11 04310 4214000 INDUSTRlAL UNIFORM RENTAL AND 325 1856785 164 .9 3 00 01531759 11 /10/2022 UNTFTRST CORPORATIO N 1104310 42 14000 INDU STRIAL UN IFORM RENT AL AND 325 1859344 164.43 00 0 153 1760 11 /10/2022 URBAN, LIB ERTY 1100000 1150100 LOCC 9/6-9/22 L.URBAN CLR-MI LE9/9/22 -161.25 00 01531760 11 /1 0 /2022 URBAN , LIB ERTY 1100000 1150100 LOCC 9/6-9/22 L.URBAN CLR-LDG9/9/22 -687.00 Report Date 11 /10/2022 Page 13 City & Housing Item 1C-14 City of Palm Desert Check Register 11 /I 0/2 022 -11 /l 0/2022 Bank ID Check Number Check Date Vendor Na me Account N umber Transaction Desc Invoic e Amount Paid 00 01531760 11 /10/2022 URBAN , LIBERTY 1100000 11 50100 LOCC 9/6-9/22 L.URBAN CLR-PRDM9/9/22 -259.00 00 015 3 17 60 11 /10/2022 URBAN, LIBERTY 11041 50 431 1500 LOCC 9/6-9/22 L. 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99 I 8895690-OCT22 1,551.26 00 01531762 11/10/2022 VERIZON WIRELESS 1104420 4365000 Building and Safley Cell 99 I 8895690-OCT22 442.96 00 01531762 11/10/2022 VERIZON WIRELESS 11 04422 4365000 Code Cell 99 I 8895690-OCT22 392.73 00 01531762 11/10/2022 VERIZON WIRELESS 1104430 4365000 Econom ic Dev Cell 99 I 889569 0-OCT22 153 .90 00 01531762 11/10/2022 VERIZON WIRELESS 1104470 4365000 Planning Cell 99 l 8895690-OCT22 81.04 00 01531763 11/10/2022 VINTAGE ASSOCIATES 11046 10 4332001 EXTRAS -C IVI C CENTER PARK 226518 3,121.34 00 01531764 11/10/2022 WALMART 1104210 4304200 2022 SHOP WITH A COP 2022SHOPWCOP 2,4 15.00 00 0 1531765 11 /1 0/2022 WATERLIN E TECHNOLOGIES IN C 2424549 421 1100 CH EM IC AL ACQU ISITION SERVICES 5608309 576.68 00 01531765 11/10/2022 WATERLINE TECHNOLOGIES IN C 2424549 4211100 CHEMICAL ACQUISITION SERVICES 5608572 720.85 00 01531765 11 /10/2022 WAT ERLINE T EC HNOLOGIES IN C 2424549 4211100 CHEM ICAL ACQUIS ITION SERVICES 5608897 441.95 00 01531765 11 /10/2022 WATERLINE TECHNOLOGIES INC 2424549 4211100 CHEMICAL ACQUISITION SERVICES 5609313 552.65 00 01531765 11/10/2022 WATERLINE TECHNOLOGIES INC 2424549 4211 100 CHEMICA L ACQUISITION SERVICES 5609559 528 .62 00 01531766 11/10/2022 WEST COAST ARBORISTS INC 1104610 4332001 MISC TREE WORK -CIVIC CTR PAR 191499-A 829.75 00 01531766 11 /10/2022 WEST COAST ARBORJSTS INC I 104610 4332001 PALMS -CIVIC CENTER PARK 189 348 506.00 00 01531766 11 /10/2022 W EST COAST ARBORJSTS IN C 1104610 433200 1 PALMS -C IVIC CENTER PARK 1888 18 6 ,486.00 00 01531766 11/10/2022 WEST COAST ARBORI STS INC 1104611 433200 1 MISC TREE WORK -PARKS 191499-A 3 ,319.00 Report Date 11/10/2022 Page 14 City & Housing Item 1C-15 C ity of Palm D esert Check Register 11 /10/2022 -11/ I 0/2022 Bank ID Ch eck N umber Check Da te Ve ndor Nam e A ccount N umber Tr a nsacti o n Des c Invoice Amount Paid 00 01531766 11/10/2022 WEST COAST ARBORISTS INC 11 04611 4332001 PALMS -PARKS 189348 1,748.00 00 0 1531766 11 /10/2022 WEST COAST ARBORISTS INC I 10461 I 4332001 PALMS -PARKS 188818 506.00 00 01531766 11/10/2022 WEST COAST ARBORJSTS INC I 104611 4332001 PALMS -PARKS 188385 7,590 .00 00 01531766 11/10/2022 WEST COAST ARBORJSTS INC I 104611 439 1000 PALMS -COMMUNITY GARDENS 188818 92.00 00 01531766 11/10/2022 WEST COAST ARBORI STS INC 11 04611 4391000 PALMS -COMMUNITY GARDENS 188385 598.00 00 01531766 11 /10/2022 WEST COAST ARBORISTS INC 11 04614 4337001 MISC TREE WORK -MEDIANS 191499-A 1,970.93 00 01531766 11/10/2022 WEST COAST ARBORISTS INC I 104614 4337001 PALMS -MEDIANS 189348 14 ,260 .00 00 0 1531766 11/10/2022 WEST COAST ARBORISTS INC 1104614 433700 1 PALMS -MEDIANS 188818 13 ,386.00 00 0 1531766 11 /10/2022 WEST COAST ARBORISTS INC 1104614 4337001 PALMS -MED IANS 188385 10,994.00 00 0 1531766 11/10/2022 WEST COAST ARBORJSTS INC 1104614 4392101 PALMS -ENTRADA DEL PASEO 188818 3,358.00 00 01531766 11/10/2022 WEST COAST ARBORISTS INC I 104614 4392101 PALMS -ENTRADA DEL PASEO 188385 2,760.00 00 0 1531766 11/10/2022 WEST COAST ARBORISTS INC 2734680 4309500 PALMS -DESERT MIRAGE 188385 828.00 00 0 1531766 11 /10/2022 WEST COAST ARBORJSTS lNC 2774373 4332100 PALMS -PRESIDENTS PLAZA I/II 188385 2,024 .00 00 01531766 11/10/2022 WEST COAST ARBORISTS INC 2804374 4309500 PALMS -PALM GATE 188385 644.00 00 01531766 I 1/10/2022 WEST COAST ARBORISTS INC 2824373 4332 100 PALMS -PRESIDENTS PLAZA Ill 188385 644 .00 00 0 1531766 I Ill 0/2022 WEST COAST ARBORJSTS INC 2864374 4309500 PALMS -CANYON CREST 188385 138.00 00 01531766 11/10/2022 WEST COAST ARBORJSTS INC 2874681 4309500 PALMS -SUNDANCE WEST 188385 552 .00 00 01531766 11/10 /2022 WEST COAST ARBORJSTS INC 2874683 4309500 PALMS -SUNDANCE EAST 188385 230.00 00 01531766 11/10/2022 WEST COAST ARBORISTS INC 2874684 4309500 PALMS -COLLEGE VIEW ESTATES I 188385 368.00 00 01531766 11/10/2022 WEST COAST ARBORJSTS INC 44 14 195 4332000 PALMS -DESERT WILLOW 189348 4,600.00 00 0 1531766 11/10/2022 WEST COAST ARBORISTS INC 44 14 195 4332000 PALMS -DESERT W ILLOW 188818 1,380 .00 00 01531766 11/10/2022 WEST COAST ARBORJSTS INC 28 14374 4309500 tree pruning -LMA 7 The Grove 191657 771.30 00 0 1531767 11/10/2022 WITTMAN ENTERPRISES LLC 2304220 4309000 OCT22 EMS Billing Services 22100547 11,487.00 00 01531768 11/10/2022 XPRESS GRAPHICS 11046 11 42 19000 Palma Village Postca rds 22-49907 1,085.32 00 0 1531768 I 1/10/2022 XPRESS GRAPHICS 2 134565 5000903 NEIGHBORHOOD TRAFFIC MANAGE 22-49364 3 ,556.35 00 5153 1768 11/10 /2022 A IR & HOSE SOURCE INC I 104310 4332000 Street Maint su p pli es 480483 VO I()~~ 1,112 .54 Re port Date 11 /1 0/2022 Page 15 City & Housing Item 1C-16 Bank ID Check Number Check Date Vendor Name Audited and Fo und Correct Examined and Approved . Report Date 11 /10/2022 City of Palm Desert Check Register I I/ I 0/2022 -11 / I 0/2022 Account Number Transaction Desc Invoice Page 16 City & Housing Amount Paid Tota l For Bank ID -00 1,026,551.89 Item 1C-17 Bank ID Check Number Check Date Vendor Na me 10 10 10 IO IO 00001564 0000 1564 0000 1564 00001565 00001565 11 /10/2022 11 /10/2022 11/10/2022 11 /10/2022 11 /1 0/2022 Audited and Found Correct k n-~ D irector of Finance Report D ate 11 /10/2022 IS PALM DESERT LP IS PALM DESERT LP IS PALM DESERT LP RICHARDS WATSON & GERSHON INC RICHARDS WATSON & GERSHON INC City of Palm Desert Check Register I I/ I 0/2 022 -I I /I 0/2022 Account Number Transaction Desc 7034121 4374000 Sewer rent payment p ursuant to 7034 121 4374000 Sewer rent payment pursu ant to 7034121 4374000 Sewer rent paym ent purs uant to 7034121 4301500 PMP LGL SVC - 7/22 7034121 4301500 OB LGL SVC -7/22 Approve d 17 Invoice DEC 2021 OCT 2022 NOV 2022 239237 239237 Page Successor Agency Amount Paid 11 ,639.40 11 ,639.40 11,63 9 .40 2,310 .29 2,631.72 Total For Bank ID -10 39,860.21 Item 1C-18 C it y of Palm D esert Check Reg ister 11 /14/2022 -11/14/2022 Bank ID Ch eck N umb er Ch eck Date Ve ndor Na me A ccount N umber T ran saction Des c In voic e A mount Paid WR 58167004 11/14/2022 DEPARTMENT OF THE TREASURY 11 00000 2160100 Federal W/H P/D 11 /09 /2022 25906131 47,874.70 WR 58167004 11/14/2022 DEPARTMENT OF THE TREASURY 1 100000 2160300 Medicare W /H P/D 11 /09/2022 25906131 13,821.77 WR 59111591 11/14/2022 ST A TE OF CALIFORN IA 11 00000 2160200 PIT W/H PD: 11/09/2022 6745438 20,028.11 WR 59851995 11/14/2022 I C M A RETIREMENT TRUST 11 00000 2162600 Retire Hlth Sv-PayDay l 0/26/22 6807167 4 ,445 .86 WR 59851995 11 /14/2022 l C M A RETIREMENT TRUST 6100000 1029200 Retire Hlth Sv-PayDay I 0/26/22 6807167 4 ,445.86 WR 59851995 11 /14/2022 I C M A RETIREMENT TRUST 6100000 2162200 Retire Hlth Sv-PayDay I 0/26/22 6807167 -4 ,445.86 WR 59852024 11/14/2022 I C M A RETIREMENT TRUST 1100000 2162300 Deferred Comp PayDay 11 /09/22 6923229 12,511.72 WR 59852024 11/14/2022 IC M A RETIREMENT TRUST 6 100000 1029300 Deferred Comp PayDay 11 /09/22 6923229 12,511.72 WR 59852024 11/14/2022 I CM A RETIREMENT TRUST 6 100000 2162300 Deferred Comp PayDay 11 /09/22 6923229 -12,511.72 WR 59852028 11 /14/2022 I C M A RETIREMENT TRUST 6100000 2162201 401-A Retire PayDay: 11 /09/22 6216834 -9, 191.60 WR 59852028 11 /14/2022 ICM A RET IREMENT TRUST 6100000 1029201 401-A Retire Pay Day: 11 /09/22 6216834 9,191.60 WR 59852028 11/14/2022 I C M A RETIREMENT TRUST 1100000 2162201 401 -A Retire PayDay: 11 /09/22 6216834 9,191.60 WR 59948561 11 /14/2022 NATIONWIDE RETIREMENT SOLUTIONS 1100000 2162100 DEFERRED COMP PAYDAY l 1/09 /22 3 706400 l 110922 7,273 .38 WR 59948561 11/14/2022 NATIONWIDE RETIREMENT SOLUTIONS 6100000 1029100 DEFERRED COMP PAYDAY I 1/09/22 37064001 110922 7,273 .38 WR 59948561 11/14/2022 NATIONWIDE RETIREMENT SOLUTIONS 6100000 2162100 DEFERRED COMP PAYDAY 11 /09/22 3 706400 l l l 0922 -7 ,273.38 WR 93090350 l 1/1 4/2022 RDA SUCCESSOR AGENCY 2374511 4363500 EIP DS Series 2009A (I) 2009 A 090222 1,545.00 WR 93090350 11/14/2022 RDA SUCCESSOR AGENCY 2374511 4363500 EIP DS Series 2009B (I) 2009B 090222 1,035.00 WR 93090350 11/14/2022 RDA SUCCESSOR AGENCY 2374511 4364500 EIP DS Series 2009A (P) 2009A 090222 14,000 .00 WR 93090350 11/14/2022 RDA SUCCESSOR AGENCY 2374511 4364500 EIP DS Series 2009B (P) 2009B 090222 13,000.00 WR 93090352 11 /14/2022 RDA SUCCESSOR AGENCY 2374511 4364600 EIP DS Series 2009A Bond Call 2009A 030222 15,000.00 WR 93090352 11/14/2022 RDA SUCCESSOR AGENCY 23745 I I 4364600 EIP DS Seri es 2009B Bond Call 2009B 030222 25,000.00 Report Date 11 /14/2022 Page Citv & Housing Item 1C-19 Bank ID Check Number Check Date Vendor Name Audited and Found Correct Report Date 11 /14 /2022 City of Palm Desert Check Register 11 /14 /2022 -11/14/2 022 Account N umber Transaction De sc Invoice Page 2 ~itv & Housing Amount Paid Total For Bank ID -WR 184 ,727.14 Item 1C-20 C ity o f P a lm D esert Check Register I I / 16/2022 -11/16/2022 Bank ID Ch ec k N umb e r C he ck Date Ve ndo r Na me A ccount N umb er T ransac tion Desc In voice A mo un t Paid WR 53133845 11 /16/2022 P ERS 1100000 2161100 PERS I I /I 0 /2022 1002242520 1,7 36.68 WR 53133847 11 /16/2022 PERS 1104150 4111500 Rounding 11 /l 0/2022 1002 24252 1 0 .05 WR 53133847 11 /16/2022 P ERS 1100000 2161100 PERS 11 /10/2 022 1002242521 456 .14 WR 53134307 11/16/2022 PERS 1104150 4111500 ROUNDING 11 /09/2022 1002242513 0.59 WR 531343 07 11/16/2022 PERS 1100000 2161100 PERS 11 /09 /2022 1002242513 53 ,987.9 7 WR 53134309 11/16/2022 PERS 1100000 2161100 PERS I I /09 /2022 1002242514 36,395.35 WR 53134309 11 /16/2022 P ERS l 100000 2161 100 ADJUSTMENT 11 /09 /2022 -1232 1002242514 -237 .58 WR 53134309 11/16/2022 P ERS 1100000 21 61100 ADJUSTMENT 11/09 /2022 -1232 1002242514 -1 ,7 57.01 WR 53134309 11 /16/2022 P E RS 1100000 2161100 ADJUSTMENT 11 /09 /2022 -1277 1002242514 -5 1.73 WR 53134309 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STAPLES BUS INESS ADVANTAGE 1104300 4211000 SUPPLY AS NEEDED VARIOUS OFFIC 3521798756 69.85 00 0 1531800 I 1/23 /2022 EMPLOYMENT DEVELOPMENT DEPARTMEl\1100000 2160200 ID# 2702 /220 I 240 300.00 00 01531801 11 /23 /2022 Riverside County Sheriff Office 1100000 2160500 ID# 2718/2201240 350 .00 00 01531802 11 /23 /2022 A+ WINDOW & GUTTER CLEANING 1104610 4331000 roof and scuppers cleaned -DR 7629R 1,650.00 00 0153 1803 11 /23 /2022 ACCURATE FIRST AID SERVICES LLC 1104330 4219000 FIRST AID SUPPLIES -CORPY ARD C-1691 186.49 00 01531 803 11 /23 /2022 ACCURATE FIRST AID SERV ICES LLC 1104340 4219000 FIRST A ID SUPPLI ES -CITY HALL C-1694 22 2.72 00 01531804 I 1/23 /2022 Advance Towing I 104210 4304200 Sheriff Towing 22-0825-40 I 100 .00 00 01531805 I 1/23 /2022 AIR LINK INTERNATIONAL I 104340 4331000 SERVICE PNEUMATIC TUBE SYSTEM 83227 7,120 .35 00 0 1531806 I 1/23 /2022 ALARM MONITORING SERVICES INC I 104344 4331000 ALARM SRVS -PORTOLA CC 98696 447 .99 00 01531807 I 1/23 /2022 AMERJCAN FORENS IC NURSES I 1042 10 4390400 FY 22 /23 B lood draws/DU I drug 76801 1,241.01 00 01531807 11 /23 /2022 AMERICAN FORENS IC NURSES 11 04210 4390400 FY 22 /23 Blood draws/DU I drug 76800 61.22 00 0 1531807 11/23 /2022 AMERICAN FORENSIC NURSES I 104210 4390400 FY 22/23 Blood draws/DU I drug 76799 172.52 00 0 1531807 11 /23 /2022 AMERICAN FORENSIC NURSES 1104210 4390400 FY 22/23 Blood draws/DU I drug 76798 61.22 00 01531807 11 /23 /2022 AMERJCAN FORENSIC NURSES 11 04210 4390400 FY 22/23 Blood draws/DU I drug 76778 61.22 00 0 1531807 11 /23 /2022 AMERICAN FORENSIC NU RSES I 1042 10 4390400 FY 22/23 Blood draws/DU I drug 76779 133 .56 00 0 153 1807 11/23 /2022 AMERICAN FORENSIC NURSES 11 042 10 4390400 FY 22/23 Blood draws/DUI drug 76780 244.88 00 0 153 1807 11 /23 /2022 AMERICAN FORENSIC NURSES 11 04210 4390400 FY 22 /23 Blood draws/DUI d ru g 76844 61.22 00 0 153 1807 11/23/2022 AMER ICAN FORENSIC NURSES 11 04210 4390400 FY 22/23 Blood draw s/DU I drug 76845 61.22 00 0 1531807 11 /23 /2022 AMERJCAN FORENS IC NU RSES 11042 10 4390400 FY 22/23 Blood draws/DU I drug 76846 278 .27 Report Date 11/23 /2 022 Page 4 Item 1C-29 C ity of Palm D esert Check Register 11 /23/2022 -11 /23 /2022 Bank ID C hec k N umb e r C hec k Date Ve ndor N am e Account N umb er T ransa ction Desc In v oic e A mo un t Paid 00 01531808 11 /23 /2022 Artsopolis Li e 11 04 190 436200 1 Artist directory/se rvices 1542 2,250.00 00 0 153 1809 11 /23 /2022 BEC K O IL INC 11 04331 4217000 CITY FLEET GAS AND DI ESEL 521176 4 ,932.40 00 01531809 11/23 /2022 BEC K OIL lNC I 104331 4217000 CITY FLEET GAS AND DI ESE L 522757 2,589.80 00 01531810 11 /23 /2022 BRlAN K. STEMMER CONSTRUCTION 2304220 4400100 SECURJTY PANELS AT FIRE STATlO 5576 4 ,200.00 00 01531811 11 /23 /2022 CACEO 1104420 4363000 CACEO DUES 2023 -F l LEY 300017181 100.00 00 0153181 1 I 1/23 /2022 CACEO 1104422 4363000 Membership dues S.Carrasco 300017114 100.00 00 015 31812 11 /23 /2022 CAL TRANS-PUBLICATION D IST UN IT 11042 50 4332500 signa ls & lighting Jul-Sep 202 SL230208 831.41 00 0 1531813 11 /2 3/2022 CEJA, ERIC 11 00000 1150100 SCAG 12/1/22 E.CEJA ADV LOG 12/1/22 182.00 00 01531813 11 /23 /2022 CEJA , ERIC 1100000 11 50 100 SCAG 12/1/22 E.CEJA ADV PRDMl2/l /22 55.00 00 0 1531814 11 /23 /2022 C HARTER COM MU ICATIONS 1104190 4365000 Nov-Internet Services 0036098 11 0 122 386.32 00 0 1531815 11 /23 /2022 CHARTER COM MUN I CA T IO S 11 04190 4365000 ov -Corp Yard Int ernet I 0932621 I 0722 72.63 00 01531816 11 /23 /2022 COACHELLA VALLEY WATER DIST. 1104340 4351000 (A) 1057 City Hall 315187847714OC22 253 .51 00 015318 16 11 /23 /2022 COACHELLA VALLEY WATER DIST. I 104344 4351000 (B) I 057 Portola CC 315187847714OC22 603 .73 00 0 1531816 11 /23 /2022 COACHELLA VALLEY WATER DIST. I 10461 I 4351000 1054 CITY PARKS 315181847708OC22 2,998.65 00 0 1531816 11 /23 /2022 COACHELLA VALLEY WATER DIST. 1104614 4351000 1055 ST MEDIANS "5" 3151838477100C22 7,439.90 00 01531816 11/23 /2022 COACHELLA VALLEY WATER DIST. 2774373 4351000 (3) I 056 Presidents Pl aza 315 185847712OC22 2,650.62 00 01531816 11 /23 /2022 COAC HELLA VALLEY WA TER DI ST. 2774373 4351000 (5 ) I 056 Presidents Plaza 315 I 858 47712OC22 1,604.78 00 015318 16 11 /23 /2022 COAC HELLA VALLEY WATER DIST. 2784374 4351000 (!) 1056 Vineyards 3 I 5185847712OC22 89.72 00 0 1531816 11 /23 /2022 COAC HELLA VALLEY WATER DIST. 2784374 4351000 (7 ) I 056 Vineyards 3 I 5 I 858477 12OC22 120.73 00 0 1531816 11 /23 /2022 COACHELLA VALLEY WATER DIST. 28143 74 4351000 (4) 1056TheGrove 3 I 5 I 858477 12OC22 224.00 00 0153181 6 11 /23 /2022 COACHELLA VALLEY WATER DIST. 2824373 4351000 (2) I 056 Presidents Pla za 3 315185847712OC22 92 .50 00 01531816 I 1/23 /2022 COAC HELLA VALLEY WATER DIST. 2824373 4351000 (8) I 056 Presi dents Pl aza 3 315 I 858477 I 2OC22 154.92 00 01531816 11 /23 /2022 COACH ELLA VALLEY WATER DI ST. 2834374 4351000 (6) I 056 Portola Pl ace 3I518584 77 120C22 44.68 00 01531 8 16 11 /23 /2022 COACHELLA VALLEY WATER DIST. I 1046 10 4351000 1093 CIVIC CENTER PARK 31524584 7772OC22 7,953.14 00 01531816 11 /23 /2022 COACHELLA VALLEY WATER DIST. 1104614 4351000 I 0528 En trada /Eri c John son 3 ! 72878498 I 4OC22 660.77 00 01531816 11 /23 /2022 COAC HELLA VALL EY WATER DIST. 2424549 4351000 114 1 AQUATIC CENTER 51254 I 849896OC22 2,607.93 00 01531816 11 /23 /2022 COAC HELLA VALLEY WATER DIST. 2764374 4351000 I 0560 HAYSTA CK 33055 I 849952OC22 701.60 Report Date 11/23 /2022 P age 5 Item 1C-30 City of Pa lm D esert Check Register 11 /23/2022 -11 /23 /2022 Bank ID Chec k N umb e r C hec k Date Ve ndor Na me A ccount N umb e r T ransactio n Desc In voice A mount Paid 00 01531816 11/23/2022 COACHELLA VALLEY WATER DIST. 2764374 4351000 10561 HAYSTACK 3305598499540C22 516.21 00 01531816 11 /23 /2022 COACHELLA VALL EY WATE R DIST. 5 104195 4369601 (I) 1161 -73710 FW 6524998869340C22 111.08 00 01531816 11 /23 /2022 COACHELLA VALLEY WATER DIST. 5104195 4369601 (3) 1161 -73710 FW FP 6524998869340C22 86.99 00 01531 8 16 11 /23 /2022 COACHELLA VALLEY WATER DIST. 5104195 4369602 (2) 1161 -73720 FW 65 24998869340C22 74.79 00 01531816 11 /23 /2022 COACHELLA VALLEY WATER DIST. 5104195 4369800 (4) 1161-72559Hwy 111 6524998869340C22 68.96 00 015 3 18 16 11 /23 /2022 COACHELLA VALLEY WATER DIST. 5104 195 4369800 (5) 1161 -72559 Hwy 111 FP 6524998869340C22 40.65 00 01531817 11 /23 /2022 Departme nt of Forestry & Fire Protectio n 23 04220 4404000 Red O ak Tabl e Fire Station 71 134614 1,599.80 00 01531818 11 /23 /2022 DE PARTMENT OF JUSTICE I 104210 4390400 JUL Y22 Blood alcohol analysi 619747 175.00 00 01531818 11/23/2022 D EPA RTMENT OF JUSTICE I 104210 4390400 OCT22 Blood alcohol analysi 619640 280.00 00 01531819 11 /23 /2022 DEPARTMENT OF PESTI C ID E REGU LATION 1104300 4363000 Dept of Pesticide Re g ul at ion C 90803-BC2023 60.00 00 01531820 11 /23 /2022 DES ERT AIR CONDITION! G I C. 2304220 4331000 HV AC -FIRE STATIONS 231616 198.00 00 0 1531820 I 1/23/2022 DES ERT AIR CONDITIONING IN C. 4504164 4400100 DRD HVAC REPLACEMENT AND REPAI 231983 4 ,296.00 00 01531821 11/23/2022 DESERT E LECTRJ C SUPPLY 11 04340 4331000 e lectri ca l su pplies -City Hal S3027346 .00 I 437.39 00 01531822 11 /23 /2022 DESERT FIRE EXTINGUISHER 11 04800 4388500 annual m ai nt srvcs -Arti st Ce 12464874 100.47 00 01531823 11 /23 /2022 DESERT SUN INC. 110411 1 4321000 Ad # 0005433931 5051500 294.80 00 01531823 11 /23 /2022 DESERT SUN INC. I 104111 4321000 Ad # 0005434436 5051500 217.80 00 01531823 11 /23 /2022 DES E RT SUN IN C. I 104111 4321000 Ad # 0005454475 5051500 457 .60 00 0 1531823 11 /23 /20 22 D ESERT SUN IN C . I 104111 4321000 Ad # 0005441212 505 1500 303 .60 00 0 1531823 11 /23 /2022 DESERT SUN IN C. I 104111 4321000 Ad# 0005441233 5051500 255.20 00 01531823 11 /23 /2022 DESERT SUN INC . I 104111 4321000 Ad# 0005463 196 5051500 191.40 00 01531823 11 /23 /2022 DESERT SUN INC. 1104 111 4321000 Ad # 0005463 185 5051500 547.80 00 015 3 1823 11 /23 /2022 DESERT SUN IN C. 1104111 4321000 Ad# 00054631 10 5051500 618.20 00 01531823 11 /23 /2022 DESERT SUN INC. 1104111 432 1000 Ad# 0005458459 5051500 330.00 00 0 1531823 11 /23 /2022 DESERT SUN INC . 11 04111 432 1000 Ad# 0005465618 5051500 96.80 00 01531824 11 /23 /2022 D ESERT SUN, THE 1104111 4362000 Clerk Acct I 0/2022 -I 0/2 023 DSOI 66629 990.68 00 01531825 11 /23 /2022 DOVE PRINT ING I 104417 4302600 Brightsi de NOV/DEC2 3881 6,5 11 .20 00 01531826 11 /23 /2022 FJRSTCHOICE COFFEE SERVICE I 104330 4219000 COFFEE / K.JTCHEN SPL YS -CORPY 717529 299.98 Report Date 11/23 /2022 Page 6 Item 1C-31 City of Palm Desert Check Register 11 /23/2022 -11/23 /2022 Bank ID Check Number Check Date Vendor Name Account Number Transaction Desc Invoice Amount Paid 00 01531826 11 /23 /2022 FIRSTCHOICE COFFEE SERV ICE 1104330 4219000 COFFEE / KITCHEN SPLYS -PAPER 717529 296.96 00 01531826 11 /23 /2022 FlRSTCHOICE COFFEE SERVICE 1104340 4219000 OCT22 KEURIG RENTALS 715516 120.00 00 01531826 11 /23 /2022 FIRSTCI-IOICE COFFEE SERVICE 1104340 4219000 SUPPLY AS NEEDED VARIOUS 717419 1,165.89 00 01531826 11 /23 /2022 FIRSTCHOICE COFFEE SERVICE 1104340 4219000 SUPPLY AS NEEDED VARIOUS 715205 410.60 00 01531827 11 /23 /2022 FOSTER GARDNER INC . 1104611 4332001 FERTILIZER -PARKS 262449 4 ,609.45 00 01531828 11 /23 /2022 FUL TO 1 DISTRIBUTING I 104340 4219000 PAPER AS NEEDED VARIOUS JANIT 586104 809.29 00 01531828 11 /23 /2022 FULTON DISTRIBUTING 1104 340 4219000 SUPPLY AS NEEDED VARIOUS JANIT 586104 339.26 00 01531828 11 /23 /2022 FULTON DISTRIBUTING 1104340 4219000 SUPPLY AS NEEDED VARIOUS JAN IT 586105 86.70 00 01531829 11 /23 /2022 GENERAL AIR COND IT IONING & HEATING 1100000 3221100 80% REFUND FOR HVRC22-0876 HVRC22-0876 108.12 00 01531830 11 /23 /2022 GREATER PALM SPRINGS 6 100000 2286500 GPSTBID Remittance Jul-Sept22 C4 I 730 I ST QTR 11,511.44 00 01531830 11 /23 /2022 GREATER PALM SPRINGS 6 100 000 2286500 LESS 5% ADMIN FEE C4 l 730 I ST QTR -575.57 00 01531831 11 /23 /2022 HABITAT FOR HUMA 11TY OF THE 1104800 4306201 Habitat for Humanity 2022 2022SPO SOR 1,000.00 00 01531832 11 /23 /2022 HAMMER PLUMBING AND PUMP! GINC. 2304220 4331000 building repairs -FS #33 26448-1 650.00 00 01531833 11 /23 /2022 HOLT ARCH IT ECTS INC 4504161 4400100 AMENME 'T NO . I FOR DESIGN 22-10-009 3,825 .00 00 01531833 11 /23 /2022 HOLT ARCHITECTS INC 4504220 4400100 ARCHITECT SRVS -FS #7 1 22-10-0 I I 6 ,790.00 00 01531834 I 1/23 /2022 HORIZON LIGHTING INC. 2304220 4331000 ELECT/LIGHTING -FIRE STATIONS 290033 998.92 00 01531834 11 /23 /2022 HORIZON LIGHTING IN C. 2304220 4331000 ELECT/LIGHT ING -FIRE STATIONS 290047 1,965 .94 00 01531834 11 /23 /2022 HORIZON LIGHTING INC . 2304220 4331000 ELECT/LIGHTING -FIRE STATIONS 290063 1,997.85 00 01531834 11 /23 /2022 HORIZON LIGHTING IN C. 2304220 4331000 ELECT/LIGHTING -FIRE STA TIO S 29152 1 1,369.01 00 01531835 11 /23 /2022 HORIZO PROFESS IO 1AL LA DSCAPE 1104 614 4337001 EXTRAS-OW LOWER PARK! G LOT 6409 225 .00 00 01531835 11 /23 /2022 HORIZON PROF ESS IO AL LA DSCAPE 4414195 4332000 EXTRAS -DESERT WILLOW PERIMET 64 12 350 .00 00 01531835 11 /23 /2022 HORIZON PROFESSIONAL LANDSCAPE 4414195 4332000 EXTRAS -DESERT WILLOW PERIMET 6419 1,096.34 00 01531835 11 /23 /2022 HORIZON PROF ESS IONAL LANDSCAPE 2774373 4332100 c le an up trash enclosures -LM 6432 874.39 00 01531836 11 /23 /2022 IMP ERIAL IRRIGATION DIS TRICT 1104250 4351400 Dinah Shore Dr/Shopper 50087402-OC22 41.55 00 01531836 11 /23 /2022 IMPERIAL IRRIGATION DISTRICT 11 04250 4351400 Din ah Shore Dr/Miriam 5008741 I-OC2 2 41.22 00 01531836 11 /23 /2022 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 72800 Dinah Shore Drive 50087423-OC22 64 .29 00 01531836 11 /23 /2022 IMPERIAL IRRIGATION DISTRICT I 104250 4351400 Dinah Shore Dr/Monterrey 50087432-0C22 75.57 Report Date 11 /23 /2022 Page 7 Item 1C-32 City of Palm Dese rt Check Register 11 /23/2022 -11/23 /2022 Bank ID Check Number Check Date Vendor Name Account Number Transaction Desc Invoice Amount Paid 00 0 153 1836 11 /23 /2022 IMP ERIAL IRRIGATION DISTRICT 1104250 4351400 Dinah Shore Dr/Monterey 50087443-OC22 42.71 00 01531836 11 /23 /2022 IMP ERIAL IRR IGATION DISTRICT 1104250 4351400 Dinah Shore Dr/Miriam 50087452-OC22 66.29 00 01531836 11 /23 /2022 IMP ERIAL IRRIGATION DISTRICT 1104250 43 5 1400 3 7998 Gerald Ford Dr 505 I 4026-OC22 36.23 00 01531836 11 /23 /2022 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 3 7996 Gerald Ford Dr Signal LT 505 I 4028-OC22 61.47 00 01531836 11 /23 /2022 IMPERIAL !RRIGA TION DISTRICT 1104250 4351400 75396 Frank Sinatra Dr 50540835-OC22 41.88 00 01531836 11 /23 /2022 IMPERIAL IRR!GA TION DISTRICT 1104250 4351400 75394 Frank Sinatra Dr St Ligh 50540839-OC22 36.57 00 01531836 11 /23 /2022 IMP ERIAL IRRIGATIO N DISTRICT I 1042 50 4351400 75398 Frank Sin atra Dr 50540840-SP22 46.50 00 0 1531836 11 /23 /2022 IMP ERIAL IRRIGATION DISTRICT 1104250 4351400 75398 Frank Sinatra Dr 505 40 840-OC22 48.02 00 0 1531836 11 /23 /2022 IMP ERIAL IRRIGATION DISTRICT I 104250 4351400 33108 Mont Safety Lt 50650535-OC22 112.57 00 01531836 11 /23 /2022 IMP ER IAL IRRIGATIO N DISTRICT I 104614 4351400 34249 Monterey Ave 50488446-OC22 23.14 00 01531837 11 /23 /2022 I TERNA TIONAL MUNICIPAL S IGNAL 1104300 4363000 2023 Membership Du es -RB AC 51617-RB-AC-NG 270.00 00 01531838 11 /23 /2022 J .L. E DICOTT fNC 1104114 4211000 Sabby Service Award 9961 165.40 00 01531839 11 /23 /2022 JOE GONSAL YES & SON CORP 1104112 4309000 Legislative advocates. DEC2022 160312 3,000.00 . 00 01531840 11 /23 /2022 KNORR SYSTEMS INC 2424549 4331101 OCT22 PREVENTATIVE MAINTENAN Sl243314 2,970.00 00 01531840 11 /23 /2022 KNORR SYSTEMS fNC 2424549 4331101 SEPT22 PREVENTATIVE MAINTENAN Sl243313 2,970.00 00 01531841 11 /23 /2022 LAKESIDE CAPITAL LLC 1104159 4309000 HotelPaseoTOTReimburseAgmt C33 I 80A0622 -0822 37 ,581.34 00 01531842 11 /23 /2022 LA WYERS TITLE COMPAN Y I 104300 4361000 preliminary title report -RC 622694234 400.00 00 01531843 11 /23 /2022 LOCK SHOP I C. I 104344 4331000 door repair -Portola CC Al34715 160.17 00 01531843 11 /23 /2022 LOCK SHOP INC. I 104340 4219000 keys -EOC City Hall 8800553541 70.54 00 01531844 11 /23 /2022 LOWE'S HOME CENTERS I C . 1104330 4331000 building materials -Corp Yard 909295 -1 11422 39.37 00 01531844 11 /23 /2022 LOWE'S HOME CENTERS INC . 1104310 4332000 street main! supplies -return 9 I 7052-10 1822 -50 .10 00 01531844 11 /23 /2022 LOWE'S HOME CENTERS INC . 1104310 4332000 street mai.nt supplies -Corp 992210-092322 131.13 00 01531844 11 /23 /2022 LOWE'S HOME CENTERS INC . 1104250 4219000 traffic supplies 902003-IO I 922 32 .67 00 01531844 11 /23 /2022 LOWE'S HOME CENTERS fNC . 5104195 4369500 building supp li es -SSS 909338-110 122 196 .3 2 00 0 1531844 I 1/23 /2022 LOWE'S HOME CENTERS INC . 2304220 4404000 diswasher -FS67 960320-1101 22 1,2 67.72 00 01531844 11 /23 /2022 LOWE'S HOME CENTERS INC. 2304220 4331000 ceil in g plate -FS #6 7 901782-101322 30.70 00 01531844 11 /23 /2022 LOWE'S HOME CE TERS IN C. 1104614 4219000 work tools -landscape 902484-110222 133.11 Report Date 11/23 /2022 Page 8 Item 1C-33 City of Palm Desert Check Register 11 /23/2022 -11/23 /2022 Bank ID Check Number Check Date Vendor Name Account N umber Transaction Desc Invoice Amount Paid 00 01531844 11/23 /2022 LOWE'S HOME CENTERS INC. 1104340 4219000 furniture movers -City Hall 902490-102722 173.93 00 01531845 11 /23 /2022 LUA, ROSA MARIA 1100000 1150100 APA CONF 10/1-4/22 R.LUA CLR LOG I 0/4/22 -760.00 00 01531845 11 /23 /2022 LUA, ROSA MARIA 1100000 1150100 APA CONF 10/1-4/22 R.LUA CLR MILE l 0/4/22 -135 .00 00 01531845 11/23 /2022 LUA, ROSA MARIA I 100000 1150100 APA CONF 10/1-4/22 R .LUA CLR PARK 10/4/22 -145.00 00 01531845 11 /23 /2022 LUA, ROSA MARIA 1100000 1150100 APA CONF 10/1-4/22 R.LUA CLR PRDM I 0/4/22 -333.00 00 01531845 11 /23 /2022 LUA, ROSA MARIA 1104470 4311500 APA CONF 10/1-4/22 R.LUA MILE 10/4/22 135 .00 00 01531845 11 /23 /2022 LUA , ROSA MARIA 1104470 4312000 APA CONF 10/1-4/22 R.LUA PRDMI0/4/22 333.00 00 01531845 11 /23 /2022 LUA , ROSA MARIA 1104470 4312000 APA CONF 10/1-4/22 R.LUA LOG 10/4/22 893.52 00 01531845 11 /23 /2022 LUA , ROSA MARIA 1104470 4312000 APA CONF 10/1-4/22 R.LUA PARK 10 /4/22 92.80 00 01531846 11 /23 /2022 MARRIOTT'S DESERT SPRINGS RESORT 1104 154 4312500 2022 EMPLOYEE HOLlDA Y PARTY 2022!-lOLlDA YPARTY 16,574.94 00 0 15 31847 11 /23 /2022 MAXWELL SECURITY SERV IC ES 1104340 4309000 PROVIDE AFTER-HOURS NOV22 2211181 400.00 00 01531848 11 /23 /2022 MELLON!, ADELFO 1100000 1150100 APA CONF 10/1-4/22 A.MELLON! CLR LOG I 0/4/22 -570.00 00 01531 848 11 /23 /2022 MELLON!, ADELFO l 100000 1150100 APA CONF 10/1-4/22 A.MELLON! CLR MILE l 0/4/22 -132 .50 00 01531 848 11 /23 /2022 MELLON!, ADELFO 1100000 1150100 APA CONF 10/1-4/22 A .MELLON! C LR PARK 10/4/22 -116 .00 00 01531848 11 /23 /2022 MELLON!, ADELFO 1100000 1150100 APA CONF 10/1-4/22 A.MELLON! CLR PRDM 10/4/22 -259 .00 00 01531 848 11 /23 /2022 MELLON!, ADELFO 1104470 43 11500 APA CONF 10/1-4/22 A.MELLON! MILE 10/4/22 132.50 00 01531848 11 /23 /2022 MELLON!, ADELFO 11044 70 4312000 APA CONF 10/1-4/22 A.MELLON ! PRDMI0/4/2 2 259.00 00 01531848 11 /23 /2022 MELLON!, ADELFO 1104470 4312000 APA CONF 10/1-4/22 A .MELLON! LOG 10/4/22 670.14 00 01531848 11 /23 /2022 MELLON!, ADELFO 1104470 4312000 APA CONF 10/1-4/22 A .MELLON! PARK I 0/4/22 69.60 00 01531849 11 /23 /2022 MOBILE MINI I 104159 4391902 COVID Testing Site Generator 9015764403 913.61 00 01531849 11 /23 /2022 MOBILE MIN! 1104159 4391902 COVID Testing Site Generator 9015779140 1,610 .86 00 01531850 11 /23 /2022 NetFile Inc l 10 0000 1430100 Form 700 SE! Filing 8137 381.25 00 01531850 11 /23 /2022 NetFile Inc 11041 90 4362001 Form 700 SE! Filing EXP7 /25 /23 8137 4 ,193.75 00 01531851 11 /23 /2022 OTIS ELEV A TOR CO 5104 195 4369500 logistics and fuel impact fee FI0000050771 125 .00 00 0 153 1852 11 /23 /2022 OZZIE'S INTERN A T!ONAL TIRE & AUTO 1104331 4334000 #100 ENTERPRIS E VEHICLE 31737 864.63 00 01531853 11 /23 /2022 PAINTERS WAREHOUS E OF PALM DESERT 1104310 4391502 Graffiti supplies 2211-183603 10 7 .19 00 01531853 11 /23 /2022 PAINTERS WAREHOUSE OF PALM DESERT 1104310 4391502 Graffiti supplies 2211-183106 271.30 Report Date 11/23 /2022 Page 9 Item 1C-34 C ity of Palm Desert Check Register I I /23/2022 -l I /23/2022 Ba nk ID Ch eck Number Check Date Vendor Name A ccount N umb er T ra nsac tion Des c In v oic e A mount Paid 00 01531854 11 /23 /2022 PALM DES ERT AC E HARDWARE 1104611 4219000 supplies-Public Out Re ach Palm 238585 99.07 00 01531854 11 /23 /2022 PALM D ESE RT AC E HARDWARE 1104340 4219000 janito ria l supplies -C ity Hal 238647 51.63 00 01531854 11 /23 /2022 PALM D ESERT A CE HARDWARE 1104340 4219000 nu ts and bo ld s -City Hall 238546 7 1.60 00 01531854 11 /23 /2022 PALM D ESE RT ACE HARDWARE 1104340 4219000 extension co rd -C ity Hall 23 8500 71.09 00 01531854 11 /23 /2022 PALM DESERT ACE HARDWARE 1104330 4331000 building supplies -Corp Yard 238530 36.15 00 01531855 11 /23 /2022 PA LM DESERT CHAMBER OF COMMERCE 1104110 43 12500 PDACC Business Breakfas t 73223 90.00 00 01531856 11 /23 /2022 PALMER ELECTRIC 1104 614 4392101 ELECT REPAIRS -ENT RADA D EL PA 3941 1,406.60 00 01531 857 11 /23 /2022 PALMS TO PINES AUTOMOTIV E & SMOG 1104331 4334000 RIM Veh#00 owned -oil change 95848 144.34 00 015318 58 11 /23 /2022 PETE'S ROAD SERVI CE INC 1104331 4334000 VEI-1 #9 REPAIRS AND SERVIC ES 629540 95.00 00 01531858 11 /23 /2022 PETE'S ROAD SERVI CE IN C 110433 1 4334000 VEH #IO I REPAlRS AND SERVICES 629541 95.00 00 01531858 11 /23 /2022 PET E'S ROAD SERVICE IN C 110433 1 4334000 VEH #11 R EPAIRS AND SERVICES 629313 340.39 00 01531859 11 /23 /2022 PPG ARCHITECTURAL FINISHES 1104 3 10 4391502 Graffiti supplies 972202091562 215.70 00 01531859 11 /23 /2022 PPG ARCHlTECTURAL FINISHES 1104 3 10 439 1502 Graffiti supplies 97220209 I 571 217.31 00 01531860 11 /23 /2022 PREM IER SECURITY INC . 1104 800 4388500 alarm monitoring services -Ar R20298 186.00 00 01531861 11 /23 /2022 PRO-CRAFT CONSTRUC TION INC 1104611 433 1000 PLUMBING SRV -PARKS 22115-8 220.50 00 01531862 11 /23 /2022 PROFORMA SOCAL 1104422 4361000 Bus ine ss Licen se Certificates BH49003 I 44A 151.70 00 015 3 1863 11 /23 /2022 QUINN CO MPANY I 1043 3 1 4334000 RIM Veh #269 owned -part s PCA30020802 110 .5 4 00 01531863 11 /23 /2022 QUI N COMPA NY 1104330 4331000 GN RTR SRVCS-CO RPY ARD #373 WOG000l 4839 557.19 00 01531863 11 /23 /2022 QUINN COMPANY 1104330 4331000 GNRTR SRVC S-CO RPYARD #374 WOG000l4840 557.19 00 01531863 11 /23 /2022 QUINN COMPANY I 104330 4331000 GNRTR SRVCS-CO RPYARD #375 WOG000I4841 557.19 00 01531863 11 /23 /2022 QUINN COM PANY I 104340 4331000 GN RTR SRVCS -C ITY HALL & WOG000I4842 557 .19 00 01531863 I 1/23 /2022 QUINN COMPANY 1104340 4331000 GNRTR SRVCS -C ITY HALL & WOG00014849 557.19 00 01531863 11 /23 /2022 QUINN COMPANY 2304220 4331000 GNRTR SRVCS-FIRE STATIONS #7 1 WOG00014 846 498.19 00 0 1531863 11 /23 /2022 QUINN COMPANY 2304220 433 1000 GNRTR SRVCS-FIRE STATIONS #67 WOG00014847 557 .19 00 0153 186 3 11 /23 /2022 QUINN COMPANY 2304220 4331000 GNRTR SRVCS-FIRE STATIONS #33 WOG000 14 84 8 557.19 00 01531 864 11 /23 /2022 SIMPLOT PARTN ERS 1 !04416 430610 1 Golf cart float su pplies 208139149 39.41 00 01531864 11 /23 /2022 SIMPLOT PARTN ERS 1104416 4306101 Golf cart float supplies 208138916 78.82 Report Date 11 /23 /2022 Page 10 Item 1C-35 City of Palm Desert Check Register l 1/23/2022 -11 /23 /2022 Bank ID Check Number Check Date Vendor Name Account N umber Transaction Desc Invoice Amount Paid 00 0 1531865 11 /23 /2022 SKYLfNE SAFETY AND SUPPLY 1104340 4219000 safety supplies -City Hall 7159 194 .18 00 01531866 11 /23 /2022 SO CAL GAS 1104340 4351200 45656 Mountain View Ave I 3802772650-OC22 29.44 00 01531867 11 /23 /2022 SOUTH COAST AIR QUALITY MGMT DIST 1104330 4364000 Joslyn Center Em issions Fees 2 4080972 151.85 00 0 1531867 11 /23 /2022 SOUTH COAST AIR QUALITY MGMT DIST 1104330 4364000 Joslyn Cen ter Annual Renewal F 4076999 468.76 00 01531868 11 /23 /2022 SOUTHERN CALIFORNIA EDISON 1104250 4351400 (14) SHEPHERD N/O CHfNOOK 7004 1395027 I OC22 16.28 00 01531868 11 /23 /2022 SOUTHERN CALIFORNIA EDISON 1104250 4351400 {16) A STREET S/O 42ND 700413950271 OC22 28.6 1 00 0 153 1868 11 /23 /2022 SOUTHERN CALIFORNIA ED ISON 1104250 4351400 (2 1) DAISY /SHEPARD 700 413950271 OC22 14.40 00 01531868 11 /23 /2022 SOUTHERN CALIFORN IA ED ISO N 1104 250 4351400 (28) Alpine & Shepherd 70041395027 I OC22 14 .40 00 01531868 11 /23 /2022 SOUTHERN CALIFORNIA EDISO N 1104250 4351400 (29) (Shepard Lane / Scholar L 7004 1395027 I OC22 28.61 00 01531868 11 /23 /2022 SOUTHERN CALIFORNIA ED ISON 1104250 4351400 (32) (Jeri Lane) 700413950271 OC22 16.28 00 0 1531 868 11 /23 /2022 SOUTHERN CALIFORN IA ED ISO N 1104250 435 1400 (33) SHEPHERD /PORTOLA 7004 I 3950271 OC22 16 .28 00 01531868 11 /23 /2022 SOUTHERN CA LIFORN IA ED ISON 1104250 4351400 (34) PETUNIA II (Windflower/Sh 70041395027IOC22 14.40 00 01531868 I 1/23 /2022 SOUTHERN CALIFORNIA EDISON 1104250 4351400 (35) COLLEGE VIEW Ill (Acad/Sh 700413950271 OC22 14 .40 00 01531868 11 /23 /2022 SOUTHERN CALIFORN IA EDISON 11 04250 4351400 Tra ffic lamps LS-2 700524045271 OC22 29 0.40 00 01531868 11 /23 /2022 SOUTHERN CALIFORNIA EDISON 1104250 4351400 Street lites LS-3 6000015102770C22 8,062.07 00 01531868 I 1/23 /2022 SOUTHERN CALIFORNIA EDISON I 104250 4351400 TRAFFIC SIGNALS TC-I 60000 I 002544OC22 7,704.67 00 01531868 11 /23 /2022 SOUTHERN CALIFORNIA EDISON I 1043 30 4351400 74705 42nd PED 700 l l 7253442OC22 2,008 .07 00 01531868 11 /23 /2022 SOUTHERN CALIFORN IA ED ISON 1104 344 4351400 45480 Portola CC 7004 I 8878578OC22 1,726.72 00 01531868 11 /23 /2022 SOUTHERN CALIFORN IA EDISON I 104610 4351400 73710 FW Pumpstation 700 I 69234934OC22 5,369.94 00 0 1531868 11 /23 /2022 SOUTHERN CALIFORNIA EDISON I 104610 4351400 CC Park -San Pab lo 700167703344OC22 3,717.05 00 01531868 11 /23 /2022 SOUTHERN CALIFORNIA ED ISO N I 1046 14 4351400 Street Power PEDESTALS 7000190193 20OC22 1,627.19 00 01531868 11 /23 /2022 SOUTHERN CALIFORNIA EDISON I 104614 4351400 43556 1/2 San Pablo 700654070741 OC22 79.60 00 01531868 11 /23 /2022 SOUTHERN CALIFORNIA EDISON 2724374 4351400 (6) PARKVIEW ESTATES 700413950271OC22 449.05 00 01531868 11 /23 /2022 SOUTHERN CALIFORNIA EDISON 2734680 4351400 (7) DESERT MIRAGE/COOK 700413950271 OC22 73.68 00 0 1531868 11 /23 /2022 SOUTHERN CALIFORNIA EDISON 2734681 4351400 (8) SANDCASTLES 700413950271OC22 174 .03 00 01531868 11 /23 /2022 SOUTHERN CALIFORNIA EDISON 27346 82 4351400 (12) HOVLEY/HEMMlNGWAY 70041395027 I OC22 24.77 00 01531868 11 /23 /2022 SOUTHERN CALIFORNIA EDISON 2754643 4351400 (25) DIAMONDBACK 700413950 27IOC22 14.40 Report Date 11/23 /2022 Page 11 Item 1C-36 C ity of Pa lm Desert Check Register 11 /23/2022 -11 /23 /2022 Bank ID Check Numb er C hec k Date Ve ndor N am e A ccount N umb er T ran saction Des c In voice A mount Paid 00 0 1531868 11 /23 /2022 SOUTH ERN C A LIFORN IA EDI SON 2754680 4351400 (!)MONTEREY /MEA D. AS SMT 7004 139502 7!OC22 71.6 1 00 0 1531868 11 /23 /2022 SOUTHERN CALIFORN IA EDI SON 2754683 4351400 (3) SONATA-HOVLEY 7004 I 395027 1 OC22 14.40 00 01531868 11 /23 /2022 SOUTHERN CALIFORN IA ED ISON 2754684 4351400 (4) HOVLEY-POSADA-FONDA 7004 1395027 1OC22 32.73 00 01531868 11/23 /2022 SOUTHERN CALIFORN IA ED ISON 2754685 4351400 (IO) HOVLEY COLLECTION 70041395027 l OC22 32.73 00 0 1531868 11 /23 /2022 SOUTHERN CA LI FORl IA ED ISON 27 54686 4351400 (13) AVE ARCADlA/HOVLEY 7004139 5027 l OC22 14.40 00 0 1531868 11 /23 /2022 SOUTHERN CALIFORNIA EDISON 2754687 4351400 (17) AVE . ROSA RJO/J-IOVLEY 7004139502 71 OC22 14.40 00 0 1531868 11 /23 /2022 SOUTHERN CALIFORN IA ED ISON 2754694 4351400 (22) HOVLEY LN /SAND PI PER 7004 I 3950271 OC22 14 .31 00 0 1531868 11 /23 /2022 SOUTHERN CALI FORN IA ED ISON 2754695 4351400 (23) HOV LEY LN/SAN DP IP ER W 7004139502 7 1 OC22 14.30 00 0 153 1868 11 /23 /2022 SOUTHERN CA LI FO RN IA EDISON 2754696 4351400 (24) 40764 Hov le y C t 7004 1395027 1 OC22 14 .4 0 00 0 1531868 I 1/23 /2022 SOUTHERN CALIFORN IA ED ISON 2754697 4351400 (18) PA LM CT/J-IOVLEY LN 700 4 13950271 OC22 14.40 00 0 1531868 11 /23 /2022 SOUTHERN CALIFORN IA ED ISON 2764374 4351400 (2) HAYSTACK LIG HTING DIST. 7004!3950271OC22 37.63 00 01531868 11 /23 /2022 SOUTHERN CALIFORNIA EDISON 2784374 4351400 (5) V INEY ARDS 7004 I 3950271 OC22 121.57 00 0 1531868 11 /23 /2022 SOUTHERN CALIFORNIA EDISON 28 14374 4351400 (9)GROVE 700413950271 OC22 354.42 00 01531868 11 /23 /2022 SOUTHERN CALIFORNIA EDISON 2854374 435 1400 (19) FRANK S J ATRA W/O PORTOLA 7004 1395027 I OC22 32 .73 00 0 153 1868 11 /23 /2022 SOUTHERN CALIFORNIA EDISON 2874374 4351400 (20) COLLEGE V IEW /SHEPP ARD 7004 I 395027 1 OC22 28.61 00 0 153 1868 11 /23 /2022 SOUTHERN CALI FORNIA EDI SON 28 74681 435 1400 (30) SUNDANCE W (Koko pelli / S 7004 1395027 1 OC22 14 .40 00 0 1531868 11/23 /2022 SOUTHERN CALIFORN IA EDISON 2874682 4351400 (26) PETUN IA I (Petunia / Shep 7004 1395027 I OC22 14.40 00 01531868 I 1/23 /2022 SOUTHERN CALIFOR I A EDISON 2874682 4351400 (27) PETUN IA I (W Petunia/S hep 7004 I 395027 I OC22 14.40 00 01531868 11 /23 /2022 SOUTHERN CA LIFOR I A ED ISON 2874683 4351400 (31) SUN DANCE E (Chinook / She 700413950271 OC22 14.40 00 0 153 1868 11/23 /2022 SOUTHERN CALIFOR IA ED ISON 2994374 4351400 (1 1) PALM DESERT C.C . 7004 I 3950271 OC22 2,623.91 00 0 153 1868 11/23 /2022 SOUTHERN CALIFORN IA ED ISON 2994374 4351400 (15) M ICH IGAN /CA 700413950271 OC22 90 .62 00 0 153 1868 11 /23 /2022 SOUTHERN CALIFORNIA EDI SON 5 104 195 435 1400 (!) 73710 & 73720 FW STE 700485 l 07855OC22 3,237.86 00 0 1531868 11/23 /2022 SOUTHERN CA LI FO RN IA EDISON 5 104 195 436960 1 (2) 73710 FW Dr DR2 / HM ! 7004851078550C22 869.78 00 0 15 31868 11 /23 /20 22 SOUTHERN CALIFORNIA EDIS ON 5 104195 4369602 (3) 7372 0 FW Dr HM 7004 85107 855OC22 420 .24 00 0 153 1868 11 /23 /2022 SOUTHERN CALIF ORNIA EDI SON 11 042 50 435 1400 PD Srv Area 19 LS-1 -E 700 400365524OC22 3,180.04 00 0 153 1869 11/23 /2022 SU P ERIOR PA VEMENT MARKINGS INC 2 130000 2060000 RTNT P l !5962/C43080 RTNT 16192 -9,373.77 00 0 1531869 11/23 /2022 S UPERIOR PAVEMENT MARKINGS INC 2 1343 15 4332000 2022 CITYWID E REST RIPI NG 16192 187 ,4 75.40 Re po rt Date 11/23/2 022 Page 12 Item 1C-37 Cit y of Palm D esert Check Register I I /23/2022 -I I /23 /2022 Bank ID C hec k N umb er Ch eck D ate Ve ndor Na me Accoun t N umb er T ra nsac tion Desc In voice A mount Paid 00 01531870 11 /23 /2022 TOPS N BARRI CAD ES INC. 1104 310 4332000 SUPPLY AS NEEDED FOR VARIOUS S 1096924 477.41 00 01531871 11 /23 /2022 VERIZON SELECT SERVICES INC I 1041 59 4365000 Toll Free Services -Oct 22 13 I 822689OCT22 2.08 00 01531872 11/23 /2022 VERIZON WIRELESS 1104154 4219100 EOC Phone Services -Nov22 9919946477 7.00 00 01531872 11 /23 /2022 VERIZON WIRELESS 1104300 4365000 Public Works / Cell-Mifi 9919946477 91.3 I 00 015 31873 11 /23 /2022 VERI ZON WIRELESS I 104 1 IO 4365000 City Co unc il Mifi 99192664 79OC22 38.01 00 0 1531873 11 /23 /2022 V ERIZON WIRELESS I 1041 90 4365000 ITMifi 99 I 92664 79OC22 266.07 00 01531873 11 /23 /2022 V ERIZON WIR ELESS 11 04300 4365000 Public Works Mifi 99192664 79OC22 119 .03 00 01531873 11 /23 /2022 VERIZON WI RELESS 1104420 4365000 Building In spector Mifi 99 I 92664 79OC22 223.4 1 00 01531873 11/23 /202 2 V ER IZON WIR ELESS I 104422 4365000 CodeMifi 99 I 92664 79OC22 266.07 00 01531873 11 /23 /2022 VER IZON WIRELESS I 104470 4365000 Planning Mifi 99 I 92664 79OC22 38.0 1 00 01531874 11 /23 /2022 WATERLINE TECHNOLOG IES IN C 2424549 4211100 CHEM ICAL ACQU ISI T IO N SERVICES 5609777 164.47 00 01531874 11/23 /2022 WATERLINE TECHNOLOGIES INC 2424549 4211100 C H EMICAL ACQUISITION SERVICES 5610174 600 .7 1 00 01531874 11 /23 /2022 WATERLINE TECHNOLOGIES INC 2424549 4211100 CHEMICAL ACQUISITION SERVICES 5610425 480.57 00 015 3 1874 11 /23 /2022 WATERLINE TECHNOLOGIES INC 2424549 421 1100 C H EM ICAL ACQUISITION SERVICES 5610874 204.47 00 0 15 31874 11 /23 /2022 WATERLINE TECHNOLOGIES INC 2424549 421 1100 CHEMICAL ACQUISITION SERVICES 56 11 022 480.57 00 01531875 11/23 /2022 WEBSTAURANT STORE INC 23641 95 4219000 Suppl ie s as needed fo r recycl i 80438855 3 ,655.86 00 01531876 11 /23 /2022 W EST COAST ARBORISTS INC 11046 10 433200 1 MI SC T REE WORK -C IVI C CTR PAR 188618 -A 257. IO 00 01531876 11 /23 /2022 W EST COAST ARBORISTS IN C 1104610 4332001 MISC TREE WORK-C IVI C CTR PAR 192045 829.75 00 01531876 11 /23 /2022 W EST COAST ARBORI STS INC 1104 6 1 I 433200 1 MISC TREE WORK -PARKS 190900 257.10 00 01 53 1876 11/2 3/2022 W EST COAST ARBORISTS INC 110461 I 4332001 MISC TREE WORK -PARKS 192045 6 ,216.95 00 0 1531876 11/23 /2022 W EST COAST ARBORISTS IN C I 104614 4337001 MIS C TREE WORK -MEDIANS 190900 5,638 .25 00 0 1531876 11 /23 /2022 WEST COAST ARBORISTS INC l 104614 4337001 MIS C TREE WORK -MEDIANS 192045 2 13 .20 00 01 53 1876 11 /23 /2022 WEST COAST ARBORI STS INC I 104614 4392101 MIS C TREE WORK -ENTRA DA D EL P 1-8527 1,93 1.40 00 01531 876 11 /23 /2022 WEST C OAST ARBORISTS INC 1104 6 14 4 392101 MISC TREE WORK -ENTRADA DEL P 1886 18-A 1,8 58.15 00 0 1531877 11 /23 /2022 WORKS FLOOR & WALL, THE 11 04330 4331000 FLOORING IMPROVEMENTS FOR THE 6036-1 7,822.98 00 015 3 1878 11 /23 /2022 XEROX FINANC IAL SERVICES 11 04 190 4342000 I 0/20-1 l / l 9 Copier Lease 3574331 337.44 Report Date 11/23 /2022 Page 13 Item 1C-38 Bank ID Check N umber Check Date Vendor Name Audited and Found Correct Report Date 11 /23 /2022 City of P alm Desert Check Register 11 /23 /2022 -11 /23 /2022 Account N umber Transaction Desc Page 14 Invoice Amount Paid Total For Bank ID -00 1,95 5 ,332.33 Item 1C-39 C ity of P alm Dese rt Check Register 12/2/2022 -12/2/2022 Bank ID Ch eck Numb er Ch eck Date V endor N ame A ccount N umb e r T ran sa ction D esc Invoic e A mount Paid 00 00005146 12/02/2022 ALLEN , FRANK 5764192 41 I 9000 RET IREE HEAL TH STIPEND Decembe 11 /28 /2022 174.70 00 00005147 12/02 /2022 ARZAGA, MARIA 5764192 4119000 RETIREE HEAL TH STIPEND Decembe 11 /28 /2022 130.50 00 00005148 12/02/2022 AVERY ,ANN 5764192 4119000 RETIREE HEAL TH STIPEND Decembe I 1/28/2022 399.67 00 00005149 12/02/2022 BASSLER, THOMAS 5764192 4119000 RETIREE HEAL TH STIPEND Decembe 11 /28/2022 461.16 00 00005150 12/02/2022 BISHOP, ROBERT 5764192 4119000 RETIREE HEALTH STIPEND Decembe 11 /28/2022 430.42 00 00005151 12/02/2022 BO CHEN 5764192 41 I 9000 RETIREE HEAL TH STIPEND Decembe 11 /28/2022 389 .91 00 00005152 12/02/2022 BRADLEY , DEBRA 5764192 4119000 RETIREE HEAL TH STIPEND Decembe 11 /28/2022 1,183.30 00 00005153 12/02/2022 BROWN, MICHAEL 5764192 4119000 RETIREE HEAL TH STIPEND Decembe 11/28/2022 535. 78 00 00005154 12/02/2022 CECHIN, TERRY 5764192 41 I 9000 RETIREE HEALTH STIPEND Deccmbc 11 /28 /2022 548.15 00 00005155 12/02 /2022 CEHR, DAVID 5764192 41 I 9000 RETIREE HEAL TH STIPEND Dccembc 11 /28 /2022 461. I 6 00 00005156 12/02/2022 CICCHI I, SUZANNE 5764192 4119000 RETIREE HEAL TH STIPEND Decembe 11 /28 /2022 822.23 00 00005157 12/02/2022 CONLO , PATRICK C. 5764192 4119000 RETIREE HEAL TH STIPEND Decembe 11/28/2022 461.16 00 00005158 12/02/2022 CRAWFORD, DANNY 5764192 4119000 RETIREE HEAL TH STIPEND Decembe 11 /28 /2022 1,362 .24 00 00005159 12/02/2022 CRITES, BUFORD 5764192 4119000 RETIREE HEAL TH STIPEND Decembe 11 /28 /2022 174 .70 00 00005160 12/02 /2022 CROY, HOMER 5764192 41 I 9000 RETIREE HEAL TI-I STIPEND Decembe 11 /28/2022 307.44 00 00005161 12/02 /2022 DARLING , GLORIA 5764192 41 I 9000 RETIREE HEALTH STIPEND Decembe 11/28/2022 174.70 00 00005162 12/02/2022 HOLLINGER, DIANE 5764192 4119000 RETIREE HEA L TH STIPEND Decembe 11 /28/2022 822.23 OQ 00005163 12/02/20 22 DIERCKS , MARK 5764192 4119000 RETIREE H EALT H STIPEND Decembe 11 /28/2022 115 .15 00 00005164 12/02/2022 DOYLE, KAREN 5764192 4119000 RETIREE HEALTH STIPEND Dccembe 11 /28/2022 513.23 00 00005165 12/02/2022 DRELL, PHILIP D. 5764192 4119000 RETIREE HEALTH STIPEND Decembe 11 /28/2022 461.16 00 00005166 12/02/2022 ESPINOZ A, JOS E LUIS 5764192 4119000 RETIREE HEAL TH STIPEND Decembe 11 /28/2022 1,571.82 00 00005167 12/02/2022 FANNING, JODI 5764192 4119000 RETIREE HEAL TH STIPEND Decembe I 1/28/2022 838.86 00 00005168 12/02/2022 FENSKE, CHARLES 5764192 4119000 RET IREE HEAL TH STIPEND Decembe 11 /28/2022 461.16 00 00005169 12/02/2022 FERGUSON, JAMES C. 5764192 4119000 RETIREE HEAL TH STIPEND Decembe 11 /28/2022 1,025 .53 00 00005170 12/02/2022 FLINT, DAVID 5764192 4119000 RETIREE HEAL TH STIPEND Decembe 11 /28/2022 151.41 00 00005171 12/02/2022 FOLKERS, RICHARD J . 5764192 4119000 RETIREE HEAL TH STIPEND Dece mbe 11 /28/2022 461.16 00 00005172 12/02/2022 GARNER, PAGE 5764192 4119000 RETIREE HEALTH STIPEND Decembe 11 /28/2022 1,571.82 Report Date 12/02 /2022 Page ~it" & Housing Item 1C-40 City of Palm Desert Check Register 12/2/2022 -12/2/2022 Bank ID Check Number Check Date Vendor Name Account Number Transaction Desc Invoice Amount Paid 00 00005173 12/02/2022 GIBSON, PA ULS. 5764192 4119000 RETIREE HEAL TH STIP EN D Decembe 11/28 /2022 1,183.30 00 00005174 12/02/2022 GODFREY, BEN ORRIN 5764192 4119000 RETIRE E HEALTH STIPEND Decembe 11 /28 /2022 461. I 6 00 00005175 12/0 2/2022 GOMEZ, DONNA 5764192 4119000 RETIREE HEAL TH STIPEND Decembe 11 /28 /2022 1,183 .30 00 00005176 12/02/2022 GRANCE, RUSSELL 5764192 4119000 RETIREE HEAL TH STIPEND Decembe 11/28/2022 702.42 00 00005177 12/02/2022 GREE WOOD, MARK 5764192 4119000 RETIREE HEAL TH STIPE D Decembe 11 /28 /2022 1,183 .30 00 00005178 12/02/2022 GRIFFIN, ROSALVA 5764192 4119000 RETIREE HEAL TH STIPEND Decembe I 1/28/2022 273.64 00 00005179 12/02/2022 HENDERSON,RHONDA 5764 192 4119000 RETIREE HEAL TH STIP EN D Decembe I 1/28 /2022 742.31 00 00005180 12/02/2022 HERMANN , DAVID 5764192 4119000 RETIREE HEALTH STIPEND Decembe I 1/28/2022 1,104.42 00 00005181 12/02/2022 HERNANDEZ,ANTHONY 5764192 4119000 RETIREE HEAL TH STIPEND Decembe 11 /28 /2022 535 . 78 00 00005182 12/0 2/2022 HERNANDEZ, CARLOS 5764192 4119000 RETIREE HEAL TH STIPEND Dcccmbe 11 /28 /2022 1,183 .3 0 00 000051 83 12/02/2022 HOGELE, ROCH ELLE G. 5764192 4119000 RETIREE HEAL TH STIPEND Dece mb e 11 /28/2022 115.15 00 00005184 12/02/2022 HOLTZ, GREGG 5764192 4119000 RETIREE HEAL TH STIPEND Decembe 11 /28/2022 461.16 00 00005185 12/02/2022 JOHNSO , SONDRA 5764192 4119000 RETIREE HEAL TH STIPEND Decemb e 11 /28/2022 461.16 00 00005186 12/0 2/2022 JOY , PHILLIPE . 5764192 4119000 RET IREE HEAL TH STIPEND Dece mbe 11 /28/2022 96 7 .92 00 000051 87 12/02/2022 JUDY, JANINE MARJE 5764192 4119000 RETIREE HEAL TH STIPEND D ece mb e 11 /28 /2022 163.06 00 00005188 12/02 /2022 KARJMI , BASHIER AHMAD 5764192 4 119000 RETIREE HEAL TH STIPEND Decembe 11/28/2022 174.70 00 00005189 12/02/2022 KILPATRICK, SHAWN 5764192 4119000 RETIREE HEAL TH STIPEND Decem be 11 /28 /2022 1,159.81 00 00005190 12/02/2022 KLASSEN , RACH ELL E D. 5764192 4119000 RET IR EE HEALTH STIPEND Dcccmbc 11 /28/2022 822.23 00 00005191 12/0 2/2 022 KNIGHT, SPE CER 5764192 4119000 RETIREE HEAL TH STIPEND Dcccmbc 11 /28 /2022 461.16 00 00005192 12/02/2022 KN UT SON , LAUREL 5764192 4119000 RETIREE HEAL TH STIPEND Dcccmbe 11 /28/2022 IO 1.95 00 00005193 12/02/2022 LEAL , DIANA 5764192 4119000 RETIREE H EAL TH STIP E D Decembe 11 /28 /2022 1,058 .05 00 00005194 12/02/2022 LO GMAN , ELIZABETH M . 5764192 4119000 RETIREE HEAL TH STIP EN D Decembe 11 /28/2022 139 .76 00 00005195 12/02/2022 MCBRIDE, CRAIG 5764192 4 119000 RETIREE HEAL TH STIPEND Decembe 11 /28 /2022 174 .70 00 00005196 12/02/2022 MCCARTHY, JUSTIN 5764192 4119000 RETIREE HEAL TH STIPEND Dec embe 11 /28/2022 368 .93 00 00005197 12/02/2022 MCCORMICK, ROBIN 5764192 41 I 9000 RETIREE HEAL TH STIPEND Decembe 11 /28 /2022 163 .06 00 00005198 12/02/2022 METZ , THOMAS 5764192 4119000 RETIREE H EALTH STIPEND Decembe 11/28/2022 1,210.75 00 00005199 12/02 /2022 MONROE, TONY A 5764192 4119000 RETIREE HEAL TH STIPEND Decembe 11 /28 /2022 535 .78 Report Date 12/02 /2022 Page 2 ·ty & Housing Item 1C-41 C ity of Palm Dese rt Check Register 12/2/2022 -12 /2 /2022 Ba nk ID Ch eck N umb e r Ch eck Date Ve ndor Na me Account N umbe r T ransaction Des c Invoice A moun t Paid 00 00005200 12/02/2022 MOORE, JANET 5764 192 4119000 RETIREE HEAL TH STIPEND Dcccmbc l 1/28/2022 1,57 1.82 00 00005201 12/02/2022 MOORE, RUTH ANN 5764192 4119000 RETIREE HEAL TH STIPEND Decembe 11 /28/2022 535 .78 00 00005202 12/02/2022 NEELY, MICHAEL 5764192 41 I 9000 RETIREE HEALTH STIPEND Dccembe 11 /28/2022 810.49 00 00005203 12/02/2022 NIEMCZAK, JAY 5764192 4119000 RETIREE HEALTH STIPEND Decembe 11 /28/2022 413.17 00 00005204 12/02/2022 ORTIZ, WENDELL 5764192 4119000 RETIREE HEAL TH STIPEND Decembe 11 /28/2022 430.42 00 00005205 12 /02/2022 OSBORN, LINDA 5764 192 41 I 9000 RETIREE HEAL TH STIPEND Decembe 11 /28/2022 174.70 00 00005206 !2/02/2022 PONDER, HART 5764192 4119000 RETIREE HEALTH STIP END Decembe 11 /28/2022 378.52 00 00005207 12/02/2022 PRUSINOWSKI, KAREN 5764192 4119000 RETIREE HEAL TH STIPEND Decembe 11 /28 /2022 399.67 00 00005208 12/02/2022 REAM , LISA 5764192 4119000 RETIREE HEAL TH STIPEND Decembe 11/28/2022 234.61 00 00005209 12/02/2022 RIDDLE, FRANKIE 5764192 4119000 RETIREE HEAL TH STIP EN D Dccembe 11 /28/2022 524.03 00 00005210 12/02/2022 ROCHA , GRACE L. 5764192 4119000 RETIREE HEAL TH STIP END Decembe 11 /28 /2022 665 . 75 00 00005211 12/02/2022 ROSAS, SERGIO 5764192 4119000 RETIREE HEAL TH STIP E ND Decembe 11 /28/2022 1,183.30 00 00005212 12/02/2022 RUSSELL, LINDA 5764192 4119000 RETIREE HEAL TH STIPEND Dec embe 11 /28/2022 535.78 00 000052 13 12/02/2022 SCULLY, PATRICIA H . 5764192 4119000 RETIREE HEAL TH STIP EN D Decembe 11 /28/2 022 174 .7 0 00 00005214 12/02/2022 CHRISTIANSEN, SHARON 5764192 41 I 9000 RETIREE HEAL TH STIPEND Decembe 11 /28/2022 535 .78 00 00005215 12/02/2022 SMITH, STEPHEN R. 5764192 4! 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Zepeda 300010285 20 .8 0 00 01531883 12/02/2022 CALIFORNIA SOCIETY OF MUNICIPAL I 104150 4363000 Dues M.Zepeda 300010285 29.20 00 01531884 12/02/2022 COACHELLA VALLEY WATER DIST. 4254430 4395000 iHUB CVWD (10/14-11/15) 720041309104NV22 56.76 00 01531884 12/02/2022 COACHELLA VALLEY WATER DIST. 8734492 4400100 PHA-42162 Verdin LN 79198 l 390090OC22 12 .65 00 01531885 12/02/2022 DATA TICKET INC 1104422 4309000 OCT22 PROF SVC PARKING TICKET 144378 114.11 00 01531886 12/02 /2022 DEL RIO ADVISORS LLC 237451 l 4309000 EIP Bond Calls 00049 962.50 00 01531887 12/02 /2022 FEDERAL EXPRESS CORP. l 104110 4366000 Ship Date I 0.28 E. Castellano 7-936-794 I 6 23.96 00 01531887 12/02/2022 FEDERAL EXPRESS CORP. l 104422 4366000 Ship Date 11.J0.22 P. ROZ 7-950-27995 28.38 00 01531887 12/02 /2022 FEDERAL EXPRESS CORP. I 104422 4366000 Late Fees 9-638-29392 5.57 00 01531887 12/02 /2022 FEDERAL EXPRESS CORP. I 104422 4366000 Ship Date 10 .28 P. ROZ 7-936-794 I 6 27.15 00 01531888 12/02/2022 J.L. ENDICOTT INC l 1041 54 4219000 New name plates for staff 9967 2,679.74 00 01531889 12/02/2022 Kassie Levine 1104154 4311500 Ergonomics Cert Training 11.15.22-M ILEAGE 140.13 00 015318 89 12/02/2022 Kassie Levine l 1041 54 4312000 Ergonomics Cert Training 11.15.22-MEALS 111.00 00 01531 889 12/02 /2022 Kass ie Levine 1104154 4312000 Ergonomics Cert Training I I. l 5 .22LDG GSA 204.24 00 01531889 12/02/2022 Ka ssi e Levine I 104154 4312000 Ergonomics Cert Training 11/15 /22 LOG W2 37.03 00 01531890 12/02/2022 MAGER, VANES SA 1104416 4306101 water/snacks for Veterans Day 10014355572 48 .20 00 01531890 12/02/2022 MAGER, VANESSA I 104416 4306101 Drink s for Veterans Day l 1/11 /2022 12 .38 00 01531891 12/02/2022 PALM DESERT CHAMBER OF COMMERCE I 1044 30 4312500 CHAMBER BREAKFAST 11 /8-VM 73224 30.00 00 01531892 12/02/2022 PRICE'S NURSERY & GARDEN 4364650 4400200 Crane to remove El Pasco sculp 00030006 1,678.88 00 01531892 12/02/2022 PRICE'S NU RS ERY & GARDEN 4364650 4400200 Crane to remove El Pasco scu lp 00030018 1,526.25 00 0 1531893 12/02/2022 PROFORMA SOCAL I 104154 4219000 Business Cards BH49003 I 55A 32 .53 00 01531 894 12/02 /2022 SINATRA & COOK PROJECT LLC 4254430 4345000 iHUB Rental -FY 22/23 JAN23 MNTH35JAN2023 16,620 .62 00 01531895 12/02/2022 TAG/AMS INC. 1104154 4305600 Random Drug Test 2818947 17 .50 00 0153 I 896 12/02/2022 WILLDAN FINANCIAL SERVICES 3124350 4309000 FY 22 /23 Willdan REM Letter 0 I 0-52078 116.38 00 0 1531896 12/02/2022 WILLDAN FINANCIAL SERVICES 3 124350 4309000 FY 22 /23 Willdan DEM Letter 010-52078 7 1. I 6 00 01531896 12/02 /2022 WILLDAN FINANC LAL SERV ICES 3144350 4309000 FY 22/23 Willdan REM Letter 010-52078 84.64 00 0153 1896 12/02 /2022 WlLLDAN FINANCLAL SERVICES 3144350 4309000 FY 22/23 Willdan DEM Letter 0 I 0-52078 71.16 Report Date 12/02 /2022 Page 6 City & Housing Item 1C-45 BankID Check Number Check Date Vendor Name 00 01531896 12/02/2022 W ILLDAN FINANCIAL SERV ICES 00 01531896 12/02/2022 W ILLDAN FINANCIAL SERVICES 00 0 1531896 12/02/2022 WILLDAN FINA CIAL SERVICES 00 0 1531897 12/02/2022 WRIGHT, BARBARA 00 0 1531898 12/02/2022 YRIGOYEN , DAVID L. City of Palm Desert Check Register 12/2/2022 -12/2/2022 Account Number 3 154350 4309000 3154350 4309000 3534394 4309000 5764192 4 119000 5764 192 4119000 Transaction Desc FY 22/23 Willdan REM Lette r FY 22/23 Willdan DEM Letter FY 22/23 Willdan REM Letter RETIREE HEAL TH STIPEND Decembe RET IREE HEALTH STIPEND Decembe Invoice 0 I 0-52 078 010-52078 010-52078 11 /28 /2022 11 /28 /2022 Audited an d Fo und Co rr ec t %,:;o= (/ZJi!JZ;k;;L / Mayo r or Mayo r Pro-Tern Re port Date 12/02/2022 Page 7 City & Housing Amount Paid 126.96 35 .58 10 .58 174.70 461.16 Total For Bank ID -00 232 ,604.18 Item 1C-46 City of Palm D esert C heck Register 12/2/2022 -12 /2/2022 Bank ID Check Number Check Date Vendor Na me Account N umbe r Transaction De sc Invoice A mount Paid 10 00001566 12/02/2022 BEST BEST & KRIEGER LLP 7034640 4400100 DW LGL SVC THRU 10/22 950521 480.20 10 00001567 12/02/2022 BURKE WILLIAMS & SORENSEN LLP 7034!2! 4301500 REFUGE LGL SVC-!0/22 293273 4,459 .00 10 00001567 !2/02/2022 BURKE WILLIAMS & SORENSEN LLP 703412! 4301500 SARDA LGL SVC-!0/22 239275 1,176.00 10 0000 1568 !2/02/2022 IS PALM DESERT LP 7034 121 4374000 DEC22 Sewer rent payment DEC2022 11,639.40 10 00001569 12/02/2022 RICHARDS WATSON & GERSHON INC 7034121 4301500 PMP LGL SVC -8/22 240068 1,577.85 10 00001569 12/0 2/2022 RICHARDS WATSON & GERSHON INC 7034121 4301500 PMP LGL SVC -8/22 240067 3,134 .10 10 00001569 12/02/2022 RICHARDS WATSON & GERSHON INC 7034121 4301500 PMP LGL SVC -9/22 240140 23.79 10 00001569 12/02/2022 RICHARDS WATSON & GERSHON INC 7034 121 4301500 PMP LGL SVC -9/22 240139 1,606.24 Audited and Fo und Correct Tota l For Bank ID -10 City Manager 24,096 .58 Report Date 12/02 /2022 Page 8 Successor Agency Item 1C-47 [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 November 3 , 2022 APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY: D' Coffee Bouteaque 73131 Country Club Dr. C1 & C2 1 Palm Desert, CA 92260-2339 A copy of the subject ABC License Application is attached for your review and recommendation to the City Council or to another department(s) for further action. A response is required . Please mark the appropriate response below and return to my office by Thursday, November 17, 2022 . Responding Department: Development Services -Plannin Date: November 17, 2022 Response: [Z] No comment -okay to present to City Council. D Refer to -related comments (attach additional sheets , if necessary): ______________ _ D Other -Additional comments (attach additional sheets, if necessary): Item 1D-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 November 3 , 2022 APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE($) BY: D' Coffee Bouteague 73131 Country Club Dr. C1 & C2 1 Palm Desert, CA 92260-2339 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 Thursday, November 17 , 2022 . Responding Department: Building and Safety Response: [l] No comment -okay to present to City Council. D Refer to Date: November 17, 2022 -related comments (attach additional sheets , if necessary): ______________ _ D Other -Additional comments (attach additional sheets , if necessary): Item 1D-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: 643548 Receipt Number: 2758261 Geographical Code: 3318 PALM DESERT, CA 92211 (760) 324-2027 Copies Mailed Date: October 24, 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 premises address) Type oflicense(s): Transferor's license/name: D COFFEE BOUTEAQUE LLC D' COFFEE BOUTEAQUE 73131 COUNTRY CLUB DR Cl&Cl PALM DESERT, CA 92260-2339 RIVERSIDE Yes 41 License Type Transaction Type Master 41 -On-Sale Beer And Wine · Eating P ORI License Type Appl ication Fee Application Fee Application Fee 41 • On-Sale Beer And Wine • Eal Transaction Description ADD PRIMARY LICENSE TYPE STATE FINGERPRINTS FEDERAL FlNGERPRINTS ANNUAL FEE Have you ever been convicted of a felony? No y Fee Code NA NA NA NA Census Tract: 0449.29 Dropping Partner: Yes_ Secondary LT And Count Dup Date Fee 0 10/24/22 $945.00 2 10/24/22 $78.00 2 10/24/22 $48.00 0 10/24/22 $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 No_ STATE OF CALIFORNIA Applicant Name(s) County of RIVERSIDE Date: October 24, 2022 D COFFEE BOUTEAQUE LLC I · I ' (.) .,, '% r-.. 0 -.:::, .. g ""-< ,-:xn• ,...,., OPII(") rria,., tn~- rr, ·< ,OCllf'l'I :-foe, o:; :,,.-(") "' Item 1D-3 [This page has intentionally been left blank.] CITY OF PALM DESERT STAFF REPORT MEETING DATE: December 15, 2022 PREPARED BY: Anthony J. Mejia, City Clerk REQUEST: RESOLUTION TO ADOPT THE CITY OF PALM DESERT CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT RECOMMENDATION: Adopt a Resolution adopting a Conflict of Interest Code, incorporating disclosure categories and designated positions and rescinding Resolution No. 2020-78. BACKGROUND/ANALYSIS: Under the Political Reform Act (PRA), Government Code Section 81000 et seq., all public agencies must adopt a Conflict of Interest Code. The Code must designate employees and public officials that are most likely to be involved in government decision-making to file an annual Statement of Economic Interest, Form 700. The purpose of this form is to notify the employee or public official and the public of potential conflicts of interest and situations where disqualification is mandated. The PRA requires local agencies to review its Code biennially each even-numbered year and adopt any amendments by December 30. On June 23, 2022, the City Council adopted Resolution No. 2022-49, directing staff to review the City’s Code. Staff reviewed the existing Code and noted areas requiring amendments due to changes in the city organization and subsequently filed the 2022 Local Agency Biennial Notice directing staff to promulgate the necessary amendments. Since the last update, the City Council has renamed several committees/commissions and the City conducted a comprehensive compensation and classification study resulting in many job title changes. Therefore, it is recommended that the City Council rescind and replace the previous Conflict of Interest Code in its entirety. Terms of the Code The Fair Political Practices Commission (FPPC) advises that agencies must incorporate Section 18730 of the California Code of Regulations by reference, along with appendices providing disclosure categories and listing of designated positions, to constitute the formation and promulgation of a Code. The incorporation of Regulation §18730 provides the legal basis for the Code to be a document with force and effect. Disclosure Categories The FPPC has provided advice related to the development of disclosure categories and the need for “striking an appropriate balance between heading off potential conflicts of interest and an individual’s right to privacy”. The FPPC notes that the most common problem in local codes is the requirement that employees disclose financial interests that are not related to their duties and area of authority. Item 1E-1 City of Palm Desert Biennial Update to the Conflict of Interest Code Page 2 of 3 Designated Positions The Mayor, Members of the City Council and Planning Commission, City Manager, City Attorney, Finance Director/Treasurer, and Finance Committee are not designated employees under this Code because they are statutorily required to file a Form 700 under Government Code Section 87200. The FPPC states that a Code should enumerate positions that “make a government decision,” such as voting on a matter, or obligates or commits the agency to any course of action or enters into contractual agreements which may foreseeably have a material effect on any financial interest. It further defines those employees “participate in governmental decisions” when acting within the authority of his or her position and without significant substantive or intervening review, the official negotiates, advises, or makes recommendations to the decision- maker regarding the governmental decision. The FPPC advises that local Codes are appropriate when agencies narrowly tailor the list of their designated positions. City staff has examined the organizational chart and job descriptions and recommends removing certain positions because they are subject to substantive or intervening review related to permits, contracts, and purchasing or are clerical or ministerial positions. Any actions taken by ministerial positions are in the law’s obedience, and any discretionary decisions are reviewed by or made entirely by a higher authority position or the City Council. Whether a position is designated, all employees are mandated to disqualify themselves from participation in a decision; when acting in the position’s authority, there would be a financial interest. Based on the above criteria, the positions listed below are recommended to not be designated positions in the Conflict of Interest Code. These positions are considered clerical, ministerial, or subject to substantive and intervening review by a higher authority position or City Council: •Accounting Technician •Administrative Assistant •Code Compliance Specialist •Deputy City Clerk •Executive Assistant •Facilities Maintenance Specialist •Housing Programs Technician •Land Development Technician •Marketing Assistant •Office Assistant •Permit Technician •Project Technician •Receptionist •Records Coordinator •Senior Administrative Assistant •Senior Deputy City Clerk •Senior Streets Maintenance Worker •Streets Maintenance Worker •Traffic Signal Specialist •Traffic Signal Technician Item 1E-2 City of Palm Desert Biennial Update to the Conflict of Interest Code Page 3 of 3 FINANCIAL IMPACT: There is no fiscal impact associated with adopting the Code. There is a substantial amount of staff time associated with collecting, reviewing, logging, and retaining statements and responding to requests for inspection or duplication of said statements. REVIEWED BY: City Clerk: Anthony J. Mejia City Attorney: Robert Hargreaves Finance Director: Veronica Chavez Assistant City Manager Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1. Proposed Resolution/Conflict of Interest Code 2.Resolution No. 2020-78 (Current Code) Item 1E-3 RESOLUTION NO. _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING THE CITY’S CONFLICT OF INTEREST CODE AND REPEALING RESOLUTION NO. 2020-78 WHEREAS, the Political Reform Act (Government Code Section 81000 et seq.) requires local government agencies to promulgate and adopt a Conflict of Interest Code; and WHEREAS, on November 19, 2020, the City Council adopted Resolution No. 2020-78, adopting a Conflict of Interest Code for the City of Palm Desert; and WHEREAS, the Political Reform Act requires that the City Council review its Conflict of Interest Code biennially to determine whether amendments are required; and WHEREAS, on June 23, 2022, the City Council adopted Resolution No. 2022-49 directing staff to review the City’s Conflict of Interest Code; and WHEREAS, a staff-level review of the City’s Disclosure Categories and the List of Designated Positions reveals that amendments are necessary; and WHEREAS, on October 13, 2022, the City Council received and filed the 2022 Local Agency Biennial Notice and directed staff to promulgate the necessary amendments to the City’s Conflict of Interest Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Resolution No. 2020-78 is hereby rescinded and replaced. SECTION 2. The City Council adopts the Conflict of Interest Code promulgated by the Fair Political Practices Commission as set forth in Section 18730 of the California Code of Regulations by reference, and which, together with the City’s Disclosure Categories and List of Designated Positions collectively constitutes the City of Palm Desert’s Conflict of Interest Code, a copy of which is attached hereto and shall be on file with the City Clerk, and available to the public for inspection and copying, during regular business hours. SECTION 3. The Conflict of Interest Code shall become effective immediately upon the date of its adoption and approval. Item 1E-4 Resolution No. _____ Page 2 PASSED, APPROVED AND ADOPTED BY THE PALM DESERT CITY COUNCIL THIS ____ DAY OF ________, 2022. Mayor ATTEST: Anthony J. Mejia City Clerk I, ANTHONY J. MEJIA, City Clerk of the City of Palm Desert, hereby certify that Resolution No. _______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 __________, 2022, by the following vote: AYES: NOES: ABSENT: ABSTAIN: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, this _____ day of __________, _________. Anthony J. Mejia, MMC City Clerk Item 1E-5 Resolution No. _____ Page 3 CONFLICT OF INTEREST CODE OF THE CITY OF PALM DESERT, CALIFORNIA The Political Reform Act (Government Code § 81000, et seq.) requires state and local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political Practices Commission has adopted a regulation (2 California Code of Regulations Section 18730) that contains the terms of a standard Conflict of Interest Code, which can be incorporated by reference in an agency’s Code. After public notice and hearing, the standard code may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This incorporation page, regulation 18730, and the attached Appendix designating positions and establishing disclosure categories, shall constitute the Conflict of Interest Code of the City of Palm Desert (City). The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney and the City Treasurer, may electronically file their annual statements of economic interests directly with the Fair Political Practices Commission. All other officials and designated positions required to submit a statement of economic interests shall file their statements with the City Clerk as the City’s Filing Officer. The City Clerk shall retain the original statements filed by all other officials and designated positions and will make all retained statements available for public inspection and reproduction during regular business hours. (Gov. Code § 81008.) Item 1E-6 Resolution No. _____ Page 4 APPENDIX [The Appendix is the attachment to the incorporation page and is separated into two parts – Part A and Part B] PART A DISCLOSURE CATEGORIES The disclosure categories listed below identify the types of economic interests that the designated position must disclose for each disclosure category to which he or she is assigned. CATEGORY 1: Investments/Sources of Income All investments1 and business positions in business entities, and sources of income, including gifts2, loans and travel payments, that are located in, doing business in, or own real property within the jurisdiction of the CITY. CATEGORY 2: Real Property Interests All interests in real property which is located in whole or in part within, or not more than two (2) miles outside, the jurisdiction of the CITY, including any leasehold, beneficial or ownership interest or option to acquire property. CATEGORY 3: Land Development/Construction/Acquisition All investments1 and business positions in business entities, and sources of income, including gifts2, loans and travel payments, that are engaged in land development, construction or the acquisition or sale of real property within the jurisdiction of the CITY. CATEGORY 4: Contracting/Procurement (Citywide) All investments 1 and business positions in business entities, and sources of income, including gifts2, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the City. CATEGORY 5: Contracting/Procurement (Department/Division) All investments 2 and business positions in business entities, and sources of income, including gifts2, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the designated position’s department, unit or division. CATEGORY 6: Regulatory/Permits/Licensing Authority All investments1 and business positions in business entities, and sources of income, including gifts2, loans and travel payments, subject to the regulatory, permit, or licensing authority of the designated position’s department, unit or division. 1 “Investment” means financial interest in any business entity (including a consulting business or other independent contracting business) and are reportable if they are either located in or doing business, are planning to do business, or have done business during the previous two years in the jurisdiction of the CITY. 2. This Conflict of Interest Code does not require the reporting of gifts from outside this City’s jurisdiction if the source does not have some connection with or bearing upon the functions or duties of the position. (Reg. 18730.1) Item 1E-7 Resolution No. _____ Page 5 PART B DESIGNATED POSITIONS The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney, the City Treasurer, and all other City Officials who manage public investments as defined by 2 California Code of Regulations § 18700.3(b), are NOT subject to the City’s Code but must file disclosure statements under Government Code section 87200 et seq. [Regs. § 18730(b)(3)] It has been determined that the positions listed below are the Other City Officials who manage public investments. These positions listed below are for informational purposes only. • Finance Committee • Deputy City Treasurer • Financial Consultants DESIGNATED POSITIONS DISCLOSURE CATEGORIES Members of Boards, Commissions, & Committees Architectural Review Commission 2, 6 Building Board of Appeals 2, 6 Civic Engagement Committee 5 Cultural Arts Commission 2, 5 Cultural Resources Preservation Committee 2, 6 El Paseo Business Improvement District 5 Homelessness Taskforce 5 Housing Commission 2, 5, 6 Marketing Committee 5 Parks and Recreation Commission 2, 3, 5 Public Safety Commission 5 Rent Review Board 2, 6 Resource Preservation & Enhancement Committee 5 University Planning & Development Committee 2, 3, 5 Staff Positions/Titles Assistant City Clerk 5 Assistant City Manager 1, 2 Assistant Planner 2, 3, 5, 6 Assistant to the City Manager 2, 4 Associate Planner 2, 3, 5, 6 Building Inspector 2, 3, 5, 6 Business Enterprise Systems Administrator 5 Buyer 4 Chief Building Official 2, 3, 5, 6 City Clerk 1, 2 Code Compliance Officer 2, 3, 5, 6 Code Compliance Supervisor 2, 3, 5, 6 Communications Analyst 5 Community Services Manager 2, 3, 5 Deputy City Attorney 1, 2 Deputy Director (All) 2, 3, 5, 6 Director (All) 1, 2 Item 1E-8 Resolution No. _____ Page 6 Environmental Programs Coordinator 5, 6 Facilities Manager 5 Finance Manager 5 Finance Supervisor 5 Housing Manager 2, 3, 5, 6 Human Resources Analyst 5 Human Resources Manager 5 Information Systems Manager 5 Landscape Inspector 2, 3, 5, 6 Management Analyst 5 Permit Center Supervisor 2, 3, 5, 6 Planning Manager 2, 3, 5, 6 Principal Planner 2, 3, 5, 6 Project Manager 2, 5 Public Affairs Manager 5 Public Works Inspector 2, 3, 5, 6 Senior Building Inspector 2, 3, 5, 6 Senior Contracts and Grants Analyst 4 Senior Financial Analyst 4 Senior GIS Administrator 5 Senior Management Analyst 5 Senior Network Administrator 5 Senior Planner 2, 3, 5, 6 Senior Project Manager 2, 5 Social Services Coordinator 5, 6 Special Events Coordinator 5, 6 Special Programs Manager 2, 3, 5, 6 Streets Maintenance Manager 2, 5 Transportation Manager 2, 5 Consultants and New Positions Individuals serving as consultants as defined in FPPC Reg 18700.3(a) or in a new position created since this Code was last approved that makes or participates in the making of decisions must file under the broadest category set forth in this Code subject to the following limitation: The City Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to assign a limited disclosure requirement. A clear explanation of the duties and a statement of the extent of the disclosure requirement must be in a written document (see Form 804). The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. Item 1E-9 RESOLUTION NO. 2020-78 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AND ADOPTING AN AMENDED CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974 WHEREAS, the State of California enacted the Political Reform Act of 1974, Government Code Section 81000, et seq. (the "Act"), which contains provisions relating to conflicts of interest which potentially affect all officers, employees and consultants of the City of Palm Desert (the "City"), and which requires all public agencies to adopt and promulgate a conflict of interest code; and WHEREAS, the City Council adopted a Conflict of Interest Code (the "Code") which was amended on November 15, 2018, in compliance with Government Code section 81000, et seq.; and WHEREAS, subsequent changed circumstances within the City have made it advisable and necessary pursuant to Sections 87306 and 87307 of the Act to amend and update the City's Code; and WHEREAS, the potential penalties for violation of the provisions of the Act are substantial and may include criminal and civil liability, as well as equitable relief which could result in the City being restrained or prevented from acting in cases where the provisions of the Act may have been violated; and WHEREAS, notice of the time and place of a public meeting on, and of consideration by the City Council of, the proposed amended Code was provided to each affected designated employee and was publicly posted for review; and WHEREAS, a public meeting was held upon the proposed amended Code at a regular meeting of the City Council on November 19, 2020, at which all present were given an opportunity to be heard on the proposed amended Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, as follows: 1. The City Council does hereby approve and adopt the proposed amended Conflict of Interest Code, a copy of which is attached hereto and shall be on file with the City Clerk, and available to the public for inspection and copying, during regular business hours. Item 1E-10 2. The amended Conflict of Interest Code shall become effective immediately upon the date of its adoption and approval. PASSED, APPROVED and ADOPTED by the City Council of the City of Palm Desert, California at its regular meeting held on the 19th day of November, 2020, by the following vote, to wit: AYES: HARNIK, JONATHAN, KELLY, WEBER, and NESTANDE NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: GRACE L. ROCHA, ACTING CITY CLERK CITY OF PALM DESERT, CALIFORNIA 2- GINA NESTANDE, MAYOR 1 1 1 72500.00001 \33441124.1 Item 1E-11 1 1 1 CERTIFICATION I, Grace L. Rocha, Acting City Clerk of the City of Palm Desert do hereby certify that the foregoing Resolution No. 2020-78 was duly and regularly adopted by the City Council at a regular meeting thereof, held on the 19th day of November, 2020, and that the foregoing is a full, true and correct copy of said Resolution. Grace L. Rocha, Acting City Clerk City of Palm Desert 72500.00001133441124.1 3- Item 1E-12 RESOLUTION NO. 2020-78 This page has intentionally been left blank.] 1 Item 1E-13 RESOLUTIO NO. 2020-78 LAW OFFICES OF BEST BEST & KRIEGER LLP CONFLICT OF INTEREST CODE OF THE CITY OF PALM DESERT BBK —November 2020 72500.00001 \33440366.3 Item 1E-14 RESOLUTION NO. 2020-78 LAW OFFICES OF BEST BEST & KRIEGER LLP CONFLICT OF INTEREST CODE OF THE CITY OF PALM DESERT Amended November 19, 2020) The Political Reform Act (Gov. Code Section 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs. 18730) that contains the terms of a standard conflict of interest code which can be incorporated by reference in an agency's code. After public notice and hearing Section 18730 may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This incorporation page, Regulation 18730 and the attached Appendix designating positions and establishing disclosure categories, shall constitute the conflict of interest code of the City of Palm Desert (the "City"). The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney and the City Treasurer, may electronically file their annual statements of economic interests directly with the Fair Political Practices Commission. All other officials and designated positions required to submit a statement of economic interests shall file their statements with the City Clerk as the City's Filing Officer. The City Clerk shall retain the original statements filed by all other officials and designated positions and will make all retained statements available for public inspection and reproduction during regular business hours. (Gov. Code § 81008.) 2- BBK — November 2020 72500.00001\33440366.3 Item 1E-15 RESOLUTION NO. 2020-78 LAW OFFICES OF BEST BEST & KRIEGER LLP APPENDIX CONFLICT OF INTEREST CODE OF THE CITY OF PALM DESERT Amended November 19, 2020) PART "A" The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney, the City Treasurer, and all Other City Officials who manage public investments as defined by 2 Cal. Code of Regs. § 18700.3(b), are NOT subject to the City's Code but must file disclosure statements under Government Code section 87200 et seq. [Regs. § 18730(b)( 3)] OFFICIALS WHO MANAGE PUBLIC INVESTMENTS It has been determined that the positions listed below are Other City Officials who manage public investment.3 These positions are listed here for informational purposes only. 3 Finance Committee Deputy City Treasurer Financial Consultants Individuals holding one of the above -listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by § 87200. APP. A-3 BBK—November 2020 72500.00001\33440366.3 Item 1E-16 RESOLUTION NO. 2020-78 LAW OFFICES OF BEST BEST & KRIEGER LLP DESIGNATED POSITIONS GOVERNED BY THE CONFLICT OF INTEREST CODE DESIGNATED POSITIONS' DISCLOSURE CATEGORIES TITLE OR FUNCTION ASSIGNED Administrative Fire Captain (Fire Marshal) 2, 3, 5 Assistant City Manager 1, 2 Assistant Engineer 2, 3, 5, 6 Assistant Finance Director 2, 3, 5 Assistant Planner 2, 3, 5, 6 Associate Engineer 2, 3, 5, 6 Associate Planner 2, 3, 5, 6 Battalion Chief 5, 6 Building and Safety Director 2, 3, 5, 6 Building Inspector (ALL) 2, 3, 5, 6 City Attorney (not filing under Gov Code 87200) 1, 2 City Clerk 5 City Engineer 2, 3, 5, 6 Code Compliance Officer (ALL) 2, 3, 5, 6 Code Compliance Supervisor 2, 3, 5, 6 Deputy Building Official 2, 3, 5, 6 Deputy City Clerk 5 Director of Administrative Services 1, 2 APP. A-4 BBK - November 2020 72500.00001 \33440366.3 Item 1E-17 RESOLUTION NO. 2020-78 LAW OFFICES OF BEST BEST & KRIEGER LLP Director of Community Development 1, 2 DESIGNATED POSITIONS' DISCLOSURE CATEGORIES TITLE OR FUNCTION ASSIGNED Director of Economic Development 1, 2 Director of Human Resources 5 Director of Public Works 1, 2 Emergency Services Coordinator 5 Engineering Assistant 5, 6 Engineering Manager 2, 3, 5, 6 Engineering Technician (ALL) 2, 3, 5, 6 Engineer, Senior 2, 3, 5, 6 Facilities Supervisor 5 Financial Analyst, Sr. 4 Fire Chief 2, 3, 5, 6 GIS Administrator 5 Horticulturist 3, 5 Information Systems Administrator 5 Information Systems Manager 5 Landscape Specialist 3, 5 Landscape Supervisor 3, 5 Management Analyst (ALL) 5 Management Specialist II 5, 6 APP. A-5 BBK—November 2020 72500.00001\33440366.3 Item 1E-18 RESOLUTION NO. 2020-78 LAW OFFICES OF BEST BEST & KRIEGER LLP DESIGNATED POSITIONS' DISCLOSURE CATEGORIES TITLE OR FUNCTION ASSIGNED Marketing and Tourism Manager Plans Examiner (ALL) Police Captain Police Chief Police Lieutenant Principal Planner Project Coordinator Project Manager (ALL) Public Works Inspector (ALL) Risk Manager Streets Maintenance Supervisor Supervising Plans Examiner Traffic Signal Specialist Traffic Signal Technician (ALL) 5 2, 3, 5,6 5, 6 5, 6 5, 6 2, 3,5,6 2, 3, 5 2, 3, 5 2, 3, 5, 6 5 5 2,3,5,6 5 5 APP. A-6 BBK— November 2020 72500.00001 \33440366.3 Item 1E-19 RESOLUTION NO. 2020-78 LAW OFFICES OF BEST BEST & KRIEGER LLP MEMBERS OF BOARDS, COMMITTEES & COMMISSIONS Architectural Review Commission Art in Public Places Commission Building Board of Appeals and Condemnation Citizens' Sustainability Committee Cultural Resources Preservation Committee El Paseo Business Association Hotel and Signature Events Committee Housing Commission Marketing Committee Parks & Recreation Commission Project Area Committee Public Safety Commission Rent Review Commission University Planning and Development Committee Consultants and New Positions 4 4 1, 2 2, 5 1, 2 1, 2 1, 2 1, 2 1, 2 1, 2 1, 2 1, 2 1, 2 1, 2 1, 2 1, 2 Individuals serving as a consultant as defined in FPPC Reg 18700.3( a) or in a new position created since this Code was last approved that makes or participates in making decisions must file under the broadest disclosure category set forth in this Code subject to the following limitation: The City Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to assign a limited disclosure requirement. A clear explanation of the duties and a statement of the extent of the disclosure requirements must be in a written document. Gov. Code Sec. 82019; FPPC Regulations 18219 and 18734.). The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. (Gov. Code Sec. 81008.) APP. A-7 BBK — November 2020 72500.00001\33440366.3 Item 1E-20 RESOLUTION NO. 2020-78 LAW OFFICES OF BEST BEST & KRIEGER LLP PART "B" DISCLOSURE CATEGORIES The disclosure categories listed below identify the types of economic interests that the designated position must disclose for each disclosure category to which he or she is assigned.5 "Investment" means financial interest in any business entity (including a consulting business or other independent contracting business) and are reportable if they are either located in or doing business in the jurisdiction, are planning to do business in the jurisdiction, or have done business during the previous two years in the jurisdiction of the City. Cateoory 1: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that are located in, do business in, or own real property within the jurisdiction of the City. Category 2: All interests in real property which is located in whole or in part within, or not more than two (2) miles outside, the jurisdiction of the City, including any leasehold, beneficial or ownership interest or option to acquire property. Category 3: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that are engaged in land development, construction or the acquisition or sale of real property within the jurisdiction of the City. Category 4: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the City. Category 5: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the designated position's department, unit or division. Cateoory 6: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, from, business entities subject to the regulatory, permit, or licensing authority of the designated 5 This Conflict of Interest Code does not require the reporting of gifts from outside this agency's jurisdiction if the source does not have some connection with or bearing upon the functions or duties of the position. (Reg. 18730.1) APP. B-8 BBK —November 2020 72500.00001\33440366.3 Item 1E-21 RESOLUTION NO. 2020-78 LAW OFFICES OF BEST BEST & KRIEGER LLP position's department, unit or division. APP. B-9 BBK—November 2020 72500.00001 \33440366.3 Item 1E-22 CITY OF PALM DESERT STAFF REPORT MEETING DATE: December 15, 2022 PREPARED BY: Níamh M. Ortega, Assistant City Clerk REQUEST: APPROVAL OF 2023 CITY COUNCIL LIAISON ASSIGNMENTS RECOMMENDATION: Approve the 2023 City Council liaison assignments as proposed. BACKGROUND/ANALYSIS: The City of Palm Desert has formed a wide variety of committees and commissions over the years to act as advisory committees to the City Council. These committees enlist the expertise and guidance of many Palm Desert residents and community volunteers, and members of the City Council are appointed by the Mayor to serve as liaisons, working together towards a common goal. The 2023 City Council Liaison Assignments List was developed by the Mayor in consultation with her colleagues. To accommodate Councilmembers’ busy schedules, Primary Attendee(s) may designate additional Councilmember alternates to attend various standing meetings on a case-by-case basis when both Primary Attendee(s) and Alternate(s) are unavailable. The Mayor proposes the creation of an Elections Subcommittee to assess feedback related to the most recent election process, including the use of Ranked Choice Voting and Advisory Measure B. The subcommittee would also identify information the City Council may need before making any changes, and explore options and alternatives as appropriate. It is recommended that the following ad hoc subcommittees be deleted as their work has sunset: • Desert Willow Resident Advisory Task Force • General Plan Update Working Group • Retail Subcommittee • SMART Team (Social Media and Related Technologies) Additionally, provided for your reference is a copy of the current (as of July 6, 2022) Fair Political Practices Commission’s (FPPC) Form 806 – Agency Report of Public Official Appointments, directly related to this annual action. The form, required by the FPPC since 2012, and posted on the City website under the City Clerk Department subpage Public Official Appointments, provides the public with information about stipends paid to public officials for their service on other local and regional boards beyond what is provided as an elected Palm Desert City Councilmember. Posting it, in lieu of Councilmembers abstaining from the vote on specific appointments to these stipend-paying bodies, has been the City’s practice since the rule was imposed ten years ago. Item 1F-1 Once action is taken to approve the City Council Liaison Assignments Roster, the City Clerk’s Office will update the FPPC Form 806 and post it to the City website accordingly. FINANCIAL IMPACT: There is no fiscal impact associated with this action. REVIEWED BY: Department Director: Anthony Mejia Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1. 2023 City Council Liaison Assignments 2. Form 806 – Agency report of Public Official Appointments dated July 6, 2022 Item 1F-2 2023 City Council Liaison Assignments GROUP 2023 PROPOSED ATTENDEE(S) 2023 PROPOSED ALTERNATE(S)MEETING DAY/TIME/LOCATION Affordable Housing Policy Subcommittee Harnik, Kelly As needed California Joint Powers Insurance Authority Trubee Risk Mgr/Treas/Cnclmembrs Annual meeting in July, CJPIA Ofc., LaPalma Children’s Discovery Museum of the Desert Quintanilla Trubee/Councilmembers 3rd Wednesday - 4:00 p.m. City Selection Committee Mayor Councilmembers As needed Civic Engagement Committee Kelly, Harnik Quintanilla/Councilmembers Quarterly TBD Coachella Valley Animal Campus Quintanilla Trubee/Councilmembers Quarterly 1st Thursday - 9:30 a.m. Coachella Valley Economic Partnership Bd. of Dir. (CVEP)Harnik Nestande/Councilmembers 3rd Wednesday - 8:00 a.m. Coachella Valley Mountains Conservancy Trubee Kelly/Councilmembers Bimonthly 2nd Monday - 3:00 p.m. Committees/Commissions Committee Harnik, Kelly As needed Cove Communities Public Safety Cmssn. (2-Cncl.)Nestande, Kelly Quintanilla/Councilmembers As scheduled Cultural Arts Committee (formerly AIPP)Quintanilla Nestande/Councilmembers 2nd Wednesday - 9:00 a.m., DSCR Cultural Resources Preservation Committee Quintanilla Trubee/Councilmembers Last Tuesday - 9:00 a.m. CVAG Energy & Environmental Resources Committee Nestande Kelly/Councilmembers 2nd Thursday - 12:00 p.m. CVAG Executive Committee (consistency desirable)Kelly Harnik Last Monday - 4:30 p.m. CVAG Homelessness Committee Quintanilla Kelly/Councilmembers 3rd Wednesday - 10:00 a.m. CVAG Personnel Committee (if applicable)Kelly As needed - Last Monday CVAG Public Safety Committee Quintanilla Trubee/Councilmembers 2nd Monday - 9:00 a.m. CVAG Transportation Committee Harnik Kelly/Councilmembers 1st Monday - 10:00 a.m. CVAG-Coachella Valley Conservation Commission Trubee Kelly/Councilmembers 2nd Thursday - 10:30 a.m. Desert Community Energy Board Veronica Chavez Kelly/Councilmembers 3rd Monday - CVAG Office - 3:00 p.m. Desert Library Zone Committee Nestande As needed Desert Willow President’s Committee Harnik Kelly/Councilmembers 3rd Tuesday - 10:00 a.m. Economic Development Advisory Committee Nestande, Harnik Kelly As needed El Paseo Business Improvement District Board Harnik Nestande/Councilmembers 3rd Thursday - 8:00 a.m., ACR Finance Committee (Palm Desert) (Mayor & MPT)Kelly, Quintanilla Councilmembers Bimonthly 4th Tuesday - 10:00 a.m., NWCR Historical Society (Palm Desert) Kelly Nestande/Councilmembers 3rd Tuesday - 5:30 p.m. Homelessness Taskforce Quintanilla, Kelly As needed \\srv-everyone\everyone\Staff Reports - Shared 2\2022\Staff Reports 2022-12-15\1F Approval of 2023 City Council Liaison Assignments\01 Council liaison assignments 2023 - draft 2022-12-05 Page 1 of 4Item 1F-3 2023 City Council Liaison Assignments GROUP 2023 PROPOSED ATTENDEE(S) 2023 PROPOSED ALTERNATE(S)MEETING DAY/TIME/LOCATION Housing Commission (Palm Desert) Kelly Quintanilla/Councilmembers 2nd Wednesday - 3:30 p.m., NWCR Jacqueline Cochran Regnl Airport Auth. [Thermal]Harnik Trubee/Councilmembers Quarterly Joslyn Center Board of Directors Liaison Kelly Harnik/Councilmembers 4th Tuesday - 3:30 p.m. League of California Cities Annual Conf. - Voting Delegate & Alternate Trubee Quintanilla/Councilmembers Sept 20-22, 2023 in Sacramento Legislative Review Cmte. (PD) (Mayor & MPT)Kelly, Quintanilla As needed Living Desert Board of Trustees Advisory Council (+ Mayor as rotating position)Nestande, Kelly Harnik/Councilmembers 4th Friday - 12:00 p.m. - 3 meetings/year - January, April, November Marketing Committee (Palm Desert)Harnik, Nestande Trubee/Councilmembers Bimonthly-1st Tues. - 3:00 p.m., ACR McCallum Theatre Board Harnik Kelly 3rd Monday - 9:30 a.m. McCallum Theatre Education Policy Committee Quintanilla Trubee/Councilmembers Jan, March May, 3pm - 4:30pm Outside Agency Funding Cmte (PD) (Mayor & MPT)Kelly, Quintanilla As needed Palm Desert Area Chamber of Commerce Board of Directors Nestande Trubee/Councilmembers 4th Tuesday - 7:30 a.m., Chamber Ofc. Palm Desert Recreational Facilities Corporation Annual mtg Nestande, Kelly 2nd Monday in June Palm Desert Sister Cities Foundation Kelly Nestande/Councilmembers Monthly - 1st Tues. - 3:00 p.m., NWCR Palm Desert-Rancho Mirage Corridor Cmte. (Mayor & MPT)Kelly, Quintanilla As needed Palm Springs Art Museum Board Harnik Kelly/Councilmembers 2nd Friday - 1:15 p.m. Parks & Recreation Commission (Palm Desert)Trubee Nestande/Councilmembers 1st Tuesday - 8:30 a.m., ACR Public Safety Commission (Palm Desert)Trubee Quintanilla/Councilmembers 2nd Wednesday - 3:30 p.m., ACR Regional Access Project (RAP) Foundation Board of Directors Quintanilla 4th Wednesday - 9:00 a.m. Resource Preservation & Enhancement Cmte (formerly Sustainability)Harnik Trubee/Councilmembers Quarterly – 3:00 p.m., ACR Riverside County Overlay Zone Kelly Quintanilla/Councilmembers As needed Riverside County Transportation Commissn Harnik Kelly/Councilmembers 2nd Wednesday - 9:30 a.m. Santa Rosa & San Jacinto Mtns. Natl. Monmt. Cmte.Trubee As needed SCAG (So. Cal. Assn. of Govts.) Gen. Assy. Deleg. Kelly Trubee/Councilmembers Regional Conf. & Gen. Assy. Short-Term Rental Subcommittee Kelly, Trubee As needed (To be determined) SunLine Transit Agency Board Kelly Harnik/Councilmembers 4th Wednesday - noon (Committees before) \\srv-everyone\everyone\Staff Reports - Shared 2\2022\Staff Reports 2022-12-15\1F Approval of 2023 City Council Liaison Assignments\01 Council liaison assignments 2023 - draft 2022-12-05 Page 2 of 4Item 1F-4 2023 City Council Liaison Assignments GROUP 2023 PROPOSED ATTENDEE(S) 2023 PROPOSED ALTERNATE(S)MEETING DAY/TIME/LOCATION Two x Two Committee - North Area Sphere of Influence (PD Council & Cathedral City Council)Nestande, Harnik As needed Two x Two Committee (City Council & CVWD)Nestande, Kelly As needed Two x Two Committee (City Council & DSUSD Board)Nestande, Quintanilla As needed University Planning and Development Committee Harnik, Kelly Quintanilla/Councilmembers Quarterly Utility Undergrounding Subcommittee Harnik, Trubee As needed Visit Greater Palm Springs (Visit GPS, formerly CVB)Harnik Nestande/Councilmembers 3rd Friday - 8:00 a.m. Y M C A Board Liaison (Ex-Officio)Trubee Kelly Unsettled/ Possibly 2nd Thursday at Noon Where "Councilmember" is noted as an Alternate option, Primary Attendee(s) may designate another Councilmember Alternate on a case-by-base basis throughout the year IF the assigned alternate is not available. \\srv-everyone\everyone\Staff Reports - Shared 2\2022\Staff Reports 2022-12-15\1F Approval of 2023 City Council Liaison Assignments\01 Council liaison assignments 2023 - draft 2022-12-05 Page 3 of 4Item 1F-5 2023 Ad Hoc Subcommittees Meetings scheduled as needed Ad Hoc Subcommittee 2023 Proposed Appointees 2023 Proposed Alternate Contact Department 4th Fire Station Planning Subcommittee Harnik, Nestande Chris Escobedo/Veronica Chavez Administrative Services Active Transportation Program (ATP) Project Comm Harnik, Kelly Trubee Martin Alvarez Community Dev Affordable Housing Policy Subcommittee Harnik, Kelly Jessica Gonzalez Community Dev Cannabis Regulation Subcommittee Quintanilla, Trubee Martin Alvarez Community Dev Elections Subcommittee Quintanilla, Harnik Kelly Anthony Mejia City Clerk Litigation Subcommittee Kelly, Harnik City Manager City Manager Palm Desert iHUB Quintanilla, Harnik Kelly Eric Ceja Economic Dev Seasonal Lighting and Décor Committee Harnik, Trubee Martin Alvarez/Andy Ramirez Public Works School District Boundary Review Committee Use DSUSD 2x2 (Nestande, Quintanilla)Eric Ceja Economic Dev Printed: Item 1F-6 Agency Report of: Public Official Appointments CITY rLERK4 S OFFIICE A Public Document 1. Agency Name CITY OF PALM DESERT 021 JUL _6 AM W 0 i For0iffincialise onlyDivision, Department, or Region (ItApplicable) MAYOR AND CITY COUNCIL Designated Agency Contact (Name, Title) ANTHONY MEJIA Pa e 1 of 4g Date Posted: 07/ 06/2022 Area Code/Phone Number E-mail 760) 346-0611 amejia@cityofpalmdesert.org Month -.- r ar 2. Appointments Agency Boards and Commisslons of Appointed Person ApptName ng Date and of TermLeength Per MestinglAnnual Salary/Stipend 100 California Joint Powers Name Kelly, Kathleen 1 01 / 13 / 22 Per Meeting- $ Insurance Authority AW Dam05F,H,aq Estimated Annual Altemate, if any Other Councilmembers 1 1 year 0-$1.000 $2.4C143 000 float wart Lenpfhorrerm 1,001-$2,000 omen 75 CVAG (Coachella Valley Kelly, Kathleen 1 01 / 13 / 22 Per Meeting Association of Name Lae, AW, AW Dare Governments) - Coachella Estimated Annua+ VAlley Conservation Altemate, irony Nestande, Gina/Cnclmbrs. 1 1 year E$o-$i,o0a $2.001-$3000 Commission AMC war, leapm or rem 1 00142.000 omen CVAG - Energy & Name Nestande, Gina 01 113 / 22 Per Meeting: $ 75 Environmental Resources lest. FM AaaDate Committee 1 Estimated Annuat: Jonathan, Sabby/Cnvlmbrs 1 Year Altemate, if any 041,000 $2,001-$3,000 tom` of 7WMwaF*W) 1,001-$2,000 oNer 100 CVAG - Executive Nae Kelly, Kathleen m 1 01 / 13 22 Per Meeting: $ Committee k,,v DareLOU. Fray Estimated Annuat.• Harnik, Jan Altemate, if any 1 year W 0-$1,000 $2,001-$3,000 j.aV. war! of T§ 1,001-$2,000 on,e. 3. Verification I have tad and undersAllIL- tand F !ation 18702.5. t have verified that the appointment and information identified above is true to the best of my information and belief. ANTHONY MEJIA CITY CLERK 07/06/2022 VSIgnalum ofAge= OUNCIL or Pfinf ftncr Tfle fMonfh, Day, Year) Comment: CITAISON APPOINTMENTS APPROVED/CONFIRMED AT MEETING OF 01/13/2022 FPPC Form 806 (1118) FPPC Toll -Free Helpline: 8661ASK-FPPC (8661276-3772) Item 1F-7 Agency Report of: Public Official Appointments Continuation Sheet 1. Agency Name CITY OF PALM DESERT 2. Appointments Agency Boards and Commissions CVAG (Coachella Valley Association of Governments) - Homelessness Committee CVAG - Personnel Committee CVAG - Public Safety Committee CVAG - Transportation Committee Greater Palm Springs CVA/CVB Jacqueline Cochran Regional Airport Authority Name of Appointed Person I Appt Date and Length of Term Name Jonathan, Sabby I 01 / 13 / 22 Lest, Fear) AW Date Alternate, if any 1 Kelly, Kathleen I 1 year Lan, F*Vj LanpM of 78rm Name Kelly, Kathleen I / 01 / 13 / 22 0sr, Flap AW Dena Alternate, if any Lest FAn) 1 year Lenph of Term 1Name Quintanilla, Karina I 01 /13 /22 Last, F*.V AW Aate Jonathan, Sabby/Cnclmbrs I 1 yearAlternate, it any 1asL Fraq Lenpttr o/ Timt Name Harnik, Jan I 01 / 13 122 Lan , hw) AW Defe Kelly, KathleenAlternate, if any lien. Feat) 1 year Lervm of T&M Name Harnik, Jan I 01 / 13 / 22 Lan, Fen) AW taro Alternate, if any Nestande, Gina, Cnclmbrs. I 1 year Last, Feat) Length of Term Name Harnik, Jan I 01 /13 122 La n, F*V) Aaat D" Alternate, if any Jonathan, SabbylCnclmbrs I 1 year Lest Hrn) LOOM of Tenn A Public Document Page 2 of 4 07/06/2022 Date Posted: month, Day, ear Per Meeting/Annual Salary/Stipend 1 Per Meeting: $ 75 Estimated Annual: N s0-$1,000 $2,001-$3,000 1,001-$2,000 offw Per Meeting: $ 75 Estimated Annual: N $o-$1,000 $2,001-$3,000 0$1,001-$2,000 onrer 1 Per Meeting: $ 75 1 Estimated Annual. E so-s1,0o0 $2,00143,000 1,001-$2,000 Per Meeting: $ 75 1 Estimated Annual: lill so-$1,000 $2,00143,000 1,001-$2,000 omar 1 Per Meeting, $ 50 Estimated Annual: 0-$1.000 0$2,001-$3,000 1,00142,000 Other Per Meeting: $ 50 Estimated Annuat.- E $o-$1,= $2,00143,000 1,001-$2,000 ottarr FPPC Form 806 (1118) FPPC Toll -Free Helpline: 8661ASK-FPPC (866/275-3772) Item 1F-8 Agency Report of: Public Official Appointments •• 806 Continuation Sheet A Public Document Page 3 of 4 1. Agency Name 07/06/2022 CITY OF PALM DESERT Date Posted: Month, Day, ear 2. Appointments Agency Boards and Commissions Name of Appointed Person n Date and Leength of Term Per Meating/Annual salary/Stipend Harnik, Jan 01 / 13 / 22 1,Per Meeting: $ 100 Riverside County Name , APLx o&a Transportation Estimated Annual. Commission Kelly, Kathleen, Cnclmbrs. 1 year o-$i,000 $2,0a1-$3,000 Alternate, if any Mae, Fiv) ram warm s1,00142,000 Omer Kelly, Kathleen 01 /13 /22 1, Per Meeting: $ 50 Name SunLine Transit r' -' `*V) 0 Daft Estimated Annual., Agency Board Harnik, Jan, Cnclmbrs. 1 year a-$1,000 $2,001-$3,000 AEkemate, if any 1 Last Fist) y1, warm 51,00142,000 COW Harnik, Jan 12 / 13 / 18 Per Meeting: $ 50 Name Palm Desert 08M 1 Estimated Annual.• Housing Authority 4 years Q$041,000 $2,001-$3,000 Alternate, it any Last. Fka) e.Xr. of 76me 1,00142,000 OHW Name Jonathan, Sabby 12 / 13 / 18 Per Meeting: $ 50 Palm Desert Housing AW Data Estimated Annual.. Last, Fiaf) Authority 4 years 041,000 [1s2,00143,000 Altemate, if any Len0mof7ormLastF*V) 1,001-$2,000 Omer Kathleen 12 / 10 / 20 Per Meeting: $ 50 Palm Desert Housing WarneKelly, fug, Fist) AW DM EstimatedAnnuai: Authority 4 years E $041,000 $2,001-$3,000 Alternate, it any Last Fief) 1,001-$2,000 Omer LenWho/T6rfe1 50 Nestande, Gina Name 12 / 10 / 20 1,Per Meeting: $ Palm Desert Housing Authority Last.Fisf) WDa, EstimatedAnnuaL 4 years 0-$1,000 $2,001-$3,000 Alternate, if any Lenpfh of TEovTLast, Fist) i,001-$2,00a otlier FPPC Form 806 (1118) FPPC Toll -Free Helpline: 8661ASK-FPPC (8661276-3772) Item 1F-9 Agency Report of: Public Official Appointments Continuation Sheet A Public Document Page 4 of 4 I. Agency Name 07/06/2022 CITY OF PALM DESERT Date Posted: ( month, ay, ear) 2. Appointments Agency Boards and Commissions Palm Desert Housing Authority Name of Appointed Person Appt Date and Length of Tenn Per Meeting/Annual Salary/Stipend 50 Quintnailia, Karina 12 / 10 120 1 Per Meeting: $ Warne 1 Last AW Dete Estimated Annual: 4 years E $041,000 $2,001-$3,000 Alternate, if any L&vm of Tian 1,001-$2,000 Omer Per Meeting: $ Name APODate 1 Estimated Annual. Lau r 0-$1.000 $2,00143,0D0 Alternate, if any 1 Fvsf} e-yc or rwm 1,00142,00o Dfhw Name 1 Per Meeting: $ Laa AM DOM Estimated Annual.' 0-$1,000 $2,00143,000 Alternate, if any 1 Aral, Le,-;" of Term 1,001-$2,000 otraer Name 1 / / Per Meeting: $ lest. FV) APO DOM 1 Estimated Annual.' 0-$1,000 $2,001-$3,000 Alternate, if any Lenym of TarmLaseFirttl 1,00142,000 o0w Warne Per Meeting: $ LOU, rrsr) Appf Dare 1 Estimated Annual.' 0-$1,000 $2,001-$3 000 Alternate, if any Lerrpth of larmLeal, Fief} 1,001-$2,000 on,er Name 1 Per Meeting: $ fL&WFit) AW 03W 1 Estimated Annuat 0-$ 1,000 $2,00143,000 Altemate, if any Lw0h of Tam( Lau. First) 1, 007-$2,000 over FPPC Form 806 (1MS) FPPC Toll -Free Helpline: 8661ASK-FPPC (866I275-3772) Item 1F-10 HW cG to ico a WWO W a da a 6 to n m co w wa60aCCo0aoowpeoo0a0ao O O O U. Il I c a ak :a a LL Q. B d W E' o a p U Q tI E m m I ¢ I E E o '- E E E a, a 9• R , O cmd O O m p R R p ai E I p ao be Q' o o o o 0 o C7 CDo p o eMi R'. I y uul E I I 1 7 79 I f42 r! d co QN Jm N E N M M t EM i R I E v - Ua c U UJa z L* cE' E E E E 1 E E 3 Z3 C iS 3 3 a UU U ayy c qjc 2Y C c Y Y C C C C z a C 1T Y S Z O 0 Z Lo I$' E 1 E g E13Vmoi i 01 Y Q ZQ1 Z0 U07 Z z C3 i c c Y RI a ccY D c Y . 1L =1L Y g, c' ri c E €CC E E EiR' I E Y Y Q= Y Z' Y " S S S Y. A I Y 1= III i uu f i I Qin aRV RI = c a E o Ci i LL E F= 3 R ui U:¢ Q o f m a m U€ ° qc E E E I m c'v ' ' r U 'E `' `-' o I I a€ C 02 o E U, E w" m I> >mp¢ W W S a a cc1 CJ a i a 3 E a E fmi E " CD cD cDcoo EU U,.U_U_U r CS.cs G?i UI UI Ui U. U. U. U. U. U. UiCS C3.w Wiii U'_.S S Item 1F-11 [This page has intentionally been left blank.] Item 1F-12 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: December 15, 2022 PREPARED BY: M. Gloria Sanchez, Records Coordinator REQUEST: ADOPT RESOLUTION TO UPDATE THE CITYWIDE RECORDS MANAGEMENT PROGRAM AND RETENTION SCHEDULES RECOMMENDATION: Adopt a Resolution, rescinding Resolution No. 2020-76 and approving the updated Citywide Records Management Program and Retention Schedules. BACKGROUND/ANALYSIS: The City stays current with its Citywide Records Retention Schedule, to incorporate external changes to the law, combined with any modifications internally with departmental responsibilities, it continually reviews and tracks necessary updates for incorporation into a revision. On August 25, 2022, the City Council adopted Resolution No. 2022-71, which adopted a Records Management Policy that established record-keeping authority, assigned responsibilities for carrying out the Records Management Program, and created the administrative framework through which the purposes of the Records Management Program are to be achieved. The updated Retention Schedule was written interactively with representative participation from all City Departments. It provides clear, specific records descriptions, retention periods, and applies current law to the management of City records. FINANCIAL IMPACT: City will continue to realize savings in labor and storage costs, free up filing and office space, and continue to achieve operational efficiencies going forward. REVIEWED BY: Department Director: Anthony J. Mejia City Attorney: Robert Hargreaves Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1. Resolution 2.GGS Advisory Item 1G-1 RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REPEALING RESOLUTION NO. 2020-76, AND ADOPTING A RECORDS RETENTION SCHEDULE AND AUTHORIZING DESTRUCTION OF CERTAIN CITY RECORDS FOR THE CITY OF PALM DESERT WHEREAS, on October 29, 2020, the City Council of the City of Palm Desert, adopted Resolution No. 2020-76, approving a Citywide Records Management Program and Retention Schedules for the City of Palm Desert; and WHEREAS, the, maintenance of numerous records is expensive, slows document retrieval, and is not necessary after a certain period of time for the effective operation of the government of the City of Palm Desert; and WHEREAS, Section 34090 of the Government Code of the State of California provides a procedure whereby any City record which has served its purpose and is no longer required may be destroyed; and WHEREAS, the State of California has adopted guidelines for retention period for various government records; NOW, THEREFORE, the City Council of the City of Palm Desert, California, does hereby resolve as follows: Section 1. Resolution No. 2020-76, is hereby repealed. Section 2. The records retention schedules attached as “Exhibit A” are hereby adopted. Section 3. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. Section 4. This resolution shall become effective immediately upon its passage and adoption. ADOPTED ON _________, 2022. ____________________________ MAYOR ATTEST: ________________________________ ANTHONY J. MEJIA CITY CLERK Item 1G-2 RESOLUTION NO. 2022- 2 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 ______, 2022, by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSED: IN WITNESS WHEROF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on __________________, 2022. ________________________________ ANTHONY J. MEJIA CITY CLERK Item 1G-3 December 15, 2022 EXHIBIT A The retention schedules were produced for the City by Gladwell Governmental Services, Inc. (GGS). These schedules are protected by various U.S. and international intellectual property laws and cannot be disseminated to, or copied, or used in whole or part by third parties without GGS’s prior written permission. The retention schedules are available for review by contacting the City Clerk’s Office at cityclerk@cityofpalmdesert.org or calling 760-346-0611. Item 1G-4 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: December 15, 2022 PREPARED BY: John Ramont, Deputy Finance Director REQUEST: Consideration of a Resolution Approving Select Financial Policies RECOMMENDATION: 1. Adopt a Resolution approving financial policies FIN-008 Capital and Inventoriable Assets Management, FIN-009 Disposal of Surplus Property and Equipment, and FIN-010 Furniture Procurement Policy and Procedures. 2. Approve an effective date of July 1, 2022, to coincide with the City of Palm Desert’s fiscal year. BACKGROUND/ANALYSIS: The Finance Department has been reviewing the existing policies to ensure they reflect current requirements and operational needs. The City of Palm Desert has had long standing practice and procedures that are followed as it relates to capital asset tracking and their disposal. Up until now, these practices have been implemented without a formal policy. Additionally, staff desires to implement a compatible furniture procurement policy to establish standards and procedures. To better reflect current best-practices as recommended by the Government Finance Officers Association (GFOA), staff has developed the following policies: FIN-008 Capital and Inventoriable Assets Management, FIN-009 Disposal of Surplus Property and Equipment and FIN-010 Furniture Procurement Policy and Procedures. Each policy is summarized below: FIN-008 FIN-009 FIN-010 Purpose Establishes control, thresholds, and accountability measures to ensure responsible management of assets Manage surplus property, in a manner that is fiscally responsible, reduces harmful environmental impacts, and promotes the City’s reduce-reuse-recycle philosophy Establishes standards and procedures governing the selection, acquisition, installation, and use of office furniture to create a productive working environment. Highlights Buildings, Infrastructure, Improvements, and Software capitalization threshold is $100,000; all others are $10,000, land and in progress work is $0 Council, City Manager, or designee may declare items as surplus. Usable property must first be offered to other depts then may be donated or disposed. Furniture must meet minimum criteria including being functional, adjustable, flexible, modular, durable, cost effective, available, and safe. Applicability City of Palm Desert, Palm Desert Housing Authority, Successor Agency to the Palm Desert Redevelopment Agency, community facilities districts, community services district or any other affiliated entity City of Palm Desert, Palm Desert Housing Authority, Successor Agency to the Palm Desert Redevelopment Agency, community facilities districts, community services district or any other affiliated entity Applies to all office furniture purchased and used by the City of Palm Desert staff and affiliates in City of Palm Desert occupied space, regardless of location or funding source Item 1H-1 City of Palm Desert Resolution to Approve Financial Policies Page 2 of 2 FINANCIAL IMPACT: There is no direct impact to the general fund, however, approval of these policies will result in reduced soft costs through greater efficiencies gained from reduced record-keeping. REVIEWED BY: Department Director: Veronica Chavez Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: ATTACHMENTS: 1.Draft Resolution 2.FIN-008 Capital and Inventoriable Assets Management 3.FIN-009 Disposal of Surplus Property and Equipment 4.FIN-010 Furniture Procurement Policy and Procedures Item 1H-2 RESOLUTION NO. 2022- _____ A RESOLUTION OF THE ClTY COUNCIL OF THE CITY OF PALM DESERT AUTHORIZING THE ClTY MANAGER TO IMPLEMENT SELECT FINANCIAL POLICIES WHEREAS, the City desires to ensure that there is sufficient internal controls over its financial operations; and WHEREAS, the City desires to ensure that City-owned property is properly accounted for, safeguarded, and properly disposed of; and WHEREAS, the City desires to formalize its finance policies; and WHEREAS, the City Council have been presented with draft Policies in the form attached to this Resolution as Exhibit “A” and by this reference incorporated herein. NOW, THEREFORE, THE ClTY COUNCIL OF THE ClTY OF PALM DESERT DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The above recitals are true and correct. Section 2. The City Manager is hereby authorized to establish and periodically review and update finance policies. Section 3. The attached policies shall be added to the Administrative Procedures as Policies No. FIN-008 Capital and Inventoriable Assets Management, FIN-009 Disposal of Surplus Property and Equipment, and FIN-010 Furniture Procurement Policy and Procedures. Section 4. This Resolution shall take effect immediately upon adoption with an effective date of July 1, 2022. Item 1H-3 RESOLUTION 2022- ______ Page 2 of 2 ADOPTED ON ________________, 20__. MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK 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 1H-4 CITY OF PALM DESERT ADMINISTRATIVE PROCEDURES Subject Capital and Inventoriable Assets Management Policy No. FIN-008 [DRAFT PENDING APPROVAL] Date Issued: TBD Amended: N/A Approved by Resolution No. 2022-___ approving updated finance policies Authored by Finance Department I. PURPOSE As pertains to the City of Palm Desert, the City of Palm Desert Housing Authority, the Successor Agency to the Palm Desert Redevelopment Agency, any community facilities district, any community services district or any other agency affiliated with the City of Palm Desert, the purpose of this policy is to: A. Establish control and accountability measures to ensure careful and responsible management of municipal capital assets and inventoriable assets; B. Define eligible costs and establish thresholds for capitalization in conformity with Governmental Accounting Standards Board Statement No. 34 Basic Financial Statements and Management's Discussion and Analysis for State and Local Governments, Statement No. 51 Accounting and Financial Reporting for Intangible Capital Assets, and Statement No. 87 Leases; and C. To collect and maintain complete and accurate capital asset information required for preparation of financial statements in accordance with GAAP (generally accepted accounting principles). II. GENERAL POLICY Capital assets are broadly defined as financial resources that are tangible or intangible in nature and have a useful life greater than one year. Purchased, donated, or internally developed assets meeting the City's capitalization definition and threshold will be classified and recorded to the City's financial records as capital assets. Capital assets are to be accounted for at historical cost, or if cost is not practically determinable, at estimated fair market value at the time acquired or placed into service. Generally, cost includes all expenses associated with the acquisition, construction and installation of a capital asset. III. APPLICABILITY Item 1H-5 Administrative Procedures Manual FIN-008 Capital Assets Management Page 2 of 6 This policy applies to all City staff and its authorized agents, including the Housing Authority, the Successor Agency to the Palm Desert Redevelopment Agency (SARDA), the Desert Willow Golf Resort. IV. CAPITALIZATION In general, all capital assets, including land, building, machinery and equipment, with an acquisition cost of $10,000 or more and a useful life of at least three years, will be subject to capitalization. Specific capitalization requirements described below. The capitalization threshold is applied to individual units of capital assets. For example, fifteen desks purchased through a single purchase order each costing $1,000 will not qualify for capitalization even though the total cost of $15,000 exceeds the threshold of $10,000 whereas a truck purchased with several factory attachments/enhancements would be treated as a single capital asset. Exclusions to capitalization include repair and maintenance. Repair of assets keeps the property in good working condition, and as such, the costs of repair are charged to the appropriate department fund. Costs associated with software training, maintenance, and customer support are considered expenditures and will not be capitalized. Ongoing capital projects will be capitalized as "work in progress" until completed. Costs to be capitalized include direct costs, such as labor, materials, and transportation, indirect costs such as engineering and construction management, and ancillary costs such as construction period interest. Assets Purchased with Federal Funds: Capital assets purchased with federal funds shall conform to federal requirements for capital thresholds, inventory record-keeping, reporting, and other regulatory components. The value of any donated asset shall be determined by any industry-recognized method for the specific type of asset. V. MAJOR CAPITAL ASSET CLASSES A. Land – includes land under infrastructure and preparation costs. Costs can include acquisition prices and cost of initially preparing land for its intended use (basic site improvements, removal, excavation, relocation, reconstruction). Land usually has an indefinite useful life and is not depreciated. B. Buildings – permanent structures. Costs can include purchase of new building or cost of an improvement to an existing building. An entire building can be classified as one asset or be reported as separate capital assets if discrete portions of the building have significantly different useful lives (e.g. roof separate from building). C. Infrastructure – capital assets that normally are stationary in nature and normally can be preserved for a significantly greater number of years than most capital assets. Examples include roads, bridges, tunnels, drainage systems, water and sewer systems, and lighting systems. Item 1H-6 Administrative Procedures Manual FIN-008 Capital Assets Management Page 3 of 6 D. Improvements Other than Buildings – permanent improvements (non-moveable), other than buildings that add value to land, but do not have an indefinite useful life. Examples include fences, retaining walls, parking lots, and landscaping. E. Equipment, Furniture & Vehicles – moveable assets that includes all costs to place equipment into service (freight, installation, warranties, and sales tax). Each piece of equipment must meet the minimum capitalization threshold and is not recorded in bulk. Examples include vehicles, furnishings, machinery, servers, and appliances. F. Intangible – assets that are not physical in nature. Generally, this includes software and easements (can also include trademarks). (a) Permanent Easements – intangible with an indefinite useful life and are not depreciated. (b) Temporary Easements – intangible without an indefinite useful life and are depreciated. Examples include temporary construction easements. (c) Software – internally developed, or pre-built products that have had extensive customization to allow for the City’s use. Does not apply to “software as a service” (SAAS) applications. G. Works of Art / Historical Treasures – collections or individual items of significance that are owned by a state agency which are not held for financial gain, but rather for public exhibition, education or research in furtherance of public service; and are protected and cared for or preserved and subject to an organizational policy that requires the proceeds from sales of collection items to be used to acquire other items for collections. Item 1H-7 Administrative Procedures Manual FIN-008 Capital Assets Management Page 4 of 6 VI. CAPITALIZATION THRESHOLD AND USEFUL LIFE Asset Type Capitalization Threshold Useful Life Subject to Depreciation? Land $ 0 Infinite No Buildings $ 100,000 20-50 Years Yes Infrastructure $ 100,000 10-50 Years Yes Improvements other than Buildings $ 100,000 20-50 Years Yes Equipment, Furniture, & Vehicles $ 10,000 3-15 Years Yes Intangible Assets – Permanent Easements $ 10,000 Infinite No Temporary Easements $ 10,000 5 Years Yes City-Owned or Developed Software $ 100,000 5 Years Yes Works of Art / Historical Treasures $ 10,000 Infinite No Construction in Progress $ 0 N/A No CAPITAL ASSET INVENTORY Inventory records shall be maintained for all capital assets. A physical inventory of capital assets shall be conducted no less than every five (5) years. Assets classified as infrastructure shall be exempt from physical inventory requirements. Inventory discrepancies shall be investigated and reconciled, and the asset records shall be updated upon reconciliation. VIII. DEPRECIATION METHOD Capital assets shall be depreciated using the “straight-line” method, in which the value of the asset is divided equally over the expected life of the asset. Depreciation is calculated from the date the asset is placed in service, rounded to the nearest full month. IX. MANAGEMENT OF INVENTORIABLE ASSETS Inventoriable assets (also termed “controlled capital-type assets”), are any assets determined to be in need of special attention to ensure legal compliance, protect public safety, avoid potential liability, or items with a heightened risk of theft. Classification of assets as inventoriable shall be at the determination of the Finance Director. Control and tracking of such assets is the responsibility of the cognizant department utilizing the asset(s) as part of their normal operations. Item 1H-8 Administrative Procedures Manual FIN-008 Capital Assets Management Page 5 of 6 Inventory lists should be completed no less than every two years. Reconciled inventories are to be certified to the Finance department as to the accuracy and completeness of the inventory records. X. DISPOSAL Capital and inventoriable assets identified as surplus by either the City Manager or City Council must follow the disposal procedures identified in Administrative Policy No. FIN-009 Disposal of Surplus Property and Equipment, Section V. XI. NO WARRANTY; HOLD HARMLESS AND INDEMNIFICATION All transfers of surplus personal property via any of the disposal methods set forth in this policy shall be without warranty, express or implied, and the new owner(s) shall agree to defend, indemnify and hold harmless the City, its officers and employees, from any claim, cause of action, damage, loss of liability arising out of the condition of the surplus personal property or its use by the new owner(s) or subsequent owner(s). XII. CONFIDENTIALITY Any information contained in any surplus personal property that is deemed confidential or proprietary by the City shall not be subject to a transfer of ownership along with any surplus personal property. The City reserves the right to require such information to be returned to the City, destroyed or not be duplicated or distributed. XIII. DEFINITIONS Capital Asset: Non-financial assets that are used in operations and have an initial useful life in excess of one year. Capitalization Threshold: The minimum cost which an asset must exceed in order to be capitalized. CIP (Capital Improvement Project): Any expenditure for the purchase, construction, replacement, addition or major repair of public facilities and major equipment. City: The City of Palm Desert, the City of Palm Desert Housing Authority, the Palm Desert Public Library, the Successor Agency to the Palm Desert Redevelopment Agency, any community facilities district, any community services district or any other agency affiliated with the City of Palm Desert. City Council: Shall mean the City Council, Housing Authority Board, Library Board, or Successor Agency to the Palm Desert Redevelopment Agency Board, or board of any community services district or community facilities district, as appropriate. Item 1H-9 Administrative Procedures Manual FIN-008 Capital Assets Management Page 6 of 6 City Manager: Shall mean the City Manager, Housing Authority Executive Director, Library Executive Director, or Successor Agency to the Palm Desert Redevelopment Agency Executive Director, or head of any community services district or community facilities district, as appropriate, or his or her designee. Controlled Capital-Type Items: Items that require special attention to ensure legal compliance, protect public safety, avoid potential liability, or items with a heightened risk of theft. Also referred to “inventoriable assets.” Depreciation: The process of allocating the cost of an asset over a period of time, usually its estimated life. Intangible Assets: An asset that is not physical in nature. Inventoriable Assets: Items that require special attention to ensure legal compliance, protect public safety, avoid potential liability, or items with a heightened risk of theft. Also referred to “controlled capital-type items.” Personal Property: Equipment, furniture and vehicles, and intangible assets - software. Real Property: Land and land improvements, buildings and building improvements, infrastructure, improvements other than buildings, intangible assets - permanent and temporary easements, works of art / historical treasures, and construction in progress. Tangible Assets: An asset that has a physical form. Useful Life: The amount of time that an asset is expected to provide benefit. Item 1H-10 CITY OF PALM DESERT ADMINISTRATIVE PROCEDURES Subject Disposal of Surplus Property and Equipment Policy No. FIN-009 [DRAFT PENDING APPROVAL] Date Issued: TBD Amended: N/A Approved by Resolution No. 2022-___ approving updated finance policies Authored by Finance Department I. PURPOSE The City is committed to managing surplus property, such as used furniture and equipment, in a manner that is fiscally responsible, reduces harmful environmental impacts, and promotes the City’s reduce-reuse-recycle philosophy. This policy explains the process including the physical removal, transportation, sale, donation, disposal and\or the ultimate disposition of all surplus property. This policy also addresses disposition of vehicles and other movable equipment. II. GENERAL POLICY Property and materials that are purchased with City funds or with grant funds, donated to the City, or acquired for the City through other means, are the property of the City and do not belong to specific individuals. The City will dispose of its surplus property in an environmentally and fiscally responsible manner in accordance with local, state, and federal regulations. A department or individual may not dispose of property unilaterally. Disposal of City property for personal gain or favor is prohibited. The City Council, the City Manager or his/her designee are responsible for disposal approvals as defined by this policy. III. APPLICABILITY This policy applies to all City staff and its authorized agents, including the Housing Authority, the Successor Agency to the Palm Desert Redevelopment Agency (SARDA), the Desert Willow Golf Resort. IV. DECLARING SURPLUS PROPERTY a) Definition of Surplus Property Item 1H-11 Administrative Procedures Manual FIN-009 Disposal of Surplus Property and Equipment Page 2 of 6 Surplus property may be defined as 1) personal property not needed for City service or not fit for its intended purpose; 2) usable material, equipment, or parts, including capitalized equipment, that exceed the normal maintenance, repair, and operating requirements of a department; 3) obsolete material and equipment that cannot be used in the service for which it was purchase and cannot be utilized safely or economically for any other purpose; 4) scrap metal and waste material such as paper, rags, rubber, and wood; 5) property recovered, found, and unclaimed by any department. b) Declaration of Surplus Property The City Council, City Manager or his/her designee may declare items as surplus in accordance with the guidelines set forth in this policy. Usable property should first be offered to other departments of the City, prior to any request to declare the property as surplus. Department Directors may request that property that is no longer useful to their department be declared as “surplus.” The request must include a description, photos, and location of items. The department making the request must ensure that all items are empty of contents (e.g., paper files and personal belongings). c) Assets with Estimated Residual Value Greater than $5,000 Assets with an estimated residual value $5,000 or greater will require an action by the City Council to declare the property as surplus. Residual value may be determined by any reasonable method commonly used to value a specific asset. The request to surplus must include the same information as Item “a” above in addition to; Inventory Asset Tag Number, location and description of the item, as well as any and all recommendations for disposal (i.e. donate, recycle, auction, etc.). V. DISPOSAL A. Determination of Personal Property If any department head determines that any personal property or other inventoriable assets of the City under the jurisdiction or control of the department with an estimated residual value under $5,000 that is not needed or suitable for further public use, the respective department head shall notify the City Manager that such personal property is "surplus." With the City Manager’s approval, the property may be disposed of in compliance with this policy. B. Disposal of Personal Property Surplus property as defined in Section V(A) in any manner the City Manager deems appropriate and in the best interest of the City, including without limitation transferring the subject property to another City department for use by that department. Item 1H-12 Administrative Procedures Manual FIN-009 Disposal of Surplus Property and Equipment Page 3 of 6 The City Manager may dispose of surplus personal property in any of the following methods, in preferential order: • Trade-in for replacement asset • Donation to another public agency • Donation to a bona fide non-profit, in good standing with all applicable laws and regulations that serve the community of Palm Desert • Sale in accordance with Section VI • Exchange for other personal property • Exchange for services • Recycle • Disposal as waste • Destruction C. Disposal of Capital Assets Surplus Capital assets other than real property as defined in policy number FIN-008 must be brought before the City Council for authorization for disposal. The City Council may authorize the disposal of surplus capital assets in any of the following methods, in preferential order: • Trade-in for replacement asset • Donation to another public agency • Donation to a bona fide non-profit, in good standing with all applicable laws and regulations that serve the community of Palm Desert • Sale in accordance with Section VI • Exchange for other personal property • Exchange for services • Recycle • Disposal as waste • Destruction D. Determination of Real Property If any department head determines that any real property of the City under the jurisdiction or control of the department is not needed or suitable for further public use, the respective department head shall notify the City Manager that such real property is deemed "surplus." Such surplus real property, however, must be deemed to be officially surplus by the City Council via Council Action, prior to its disposal pursuant to the provisions set forth in this policy. E. Disposal of Real Property Real property may be disposed of in accordance with applicable law on a case-by-case basis after consideration of all relevant factors and approval by City Council. Item 1H-13 Administrative Procedures Manual FIN-009 Disposal of Surplus Property and Equipment Page 4 of 6 If the City Manager determines that real property, owned by the City, Housing Authority or SARDA, is no longer necessary for City purposes then the City shall initiate the process to include said property on the City’s “central inventory” under the Surplus Land Act (SLA). Said property will then be disposed of in accordance with City policy related to the disposition of SLA properties. VI. DISPOSITION OF SURPLUS PROPERTY Items may be disposed of in any manner described in Sections V(B) and V(C) . Items sold at the direction of the City Council or City Manager will be sold via public sales, sealed bids or online auctions. Any sale method used must adhere to an open and fair public process. Direct negotiated sales may occur only if a public sale has failed to produce a buyer, or if the cost of conducting the sale outweighs the financial benefit. Revenue from the sale of surplus property will be returned to the appropriate revenue fund. With prior approval by the City Manager or designee, a Department may donate surplus property directly to a non-profit organization. The Finance Director must approve the donation of movable equipment and motor vehicles and be provided with proof of the 501(c)(3) status of recipient. A receipt shall be issued for all sales. City employees are eligible to purchase surplus property offered at public sale. All transactions, including the collection of appropriate taxes and issuance of a sales receipt, must be conducted by the Finance Department or contracted auction vendor. In the case of computing devices, the IT department must ensure that the memory is erased and the operating system (or current version, if appropriately licensed) is reinstalled prior to sale. Valuation of surplus computing devices for the purpose of sale is at the sole discretion of the IT Department Manager. Under no circumstances shall a City department sell surplus property directly to an individual or employee, except as noted in Section VI. All sales are subject to State of California sales tax unless proof of Sales Tax Exemption Status is provided by the purchaser. All sales are in checks payable to the City of Palm Desert. For any City-managed auction, sales exceeding $5,000, a certified or cashier’s check payable to the City of Palm Desert is required. VII. UNIQUE ITEMS AND ITEMS OF HIGH RESALE VALUE Departments in custody of City-owned items that are considered “unique” (e.g., musical instruments, athletic uniforms, sports equipment, police equipment, artwork, historical treasures, etc.) may be granted permission by the Director of Finance to sell items on their own, with prior written approval of the City Council or the City Manager, as appropriate under the guidance provided in Section VI. In these instances, the Department Director is responsible for all aspects of the sale including advertising, invoicing, collection of appropriate sales tax, issuance of a sales receipt, and deposit of the proceeds in appropriate City accounts. Item 1H-14 Administrative Procedures Manual FIN-009 Disposal of Surplus Property and Equipment Page 5 of 6 VIII. ANTI-SCAVENGING Unauthorized removal, disposal, or expropriation of City Property or Surplus Property is considered theft and constitutes a serious breach of City policy. Unauthorized disposition could subject individuals to disciplinary action, including but not limited to dismissal, or criminal prosecution. IX. ABANDONED PROPERTY If an item is identified by the City Manager as abandoned, the Director of Finance may take possession of the item and designate it as surplus. A 30-day waiting period applies after which abandoned items may be donated or sold in accordance with the procedures identified in Section V. X. NO WARRANTY; HOLD HARMLESS AND INDEMNIFICATION All transfers of surplus personal property via any of the disposal methods set forth in this policy shall be without warranty, express or implied, and the new owner(s) shall agree to defend, indemnify and hold harmless the City, its officers and employees, from any claim, cause of action, damage, loss of liability arising out of the condition of the surplus personal property or its use by the new owner(s) or subsequent owner(s). Documentation of this agreement shall be obtained prior to the transfer of any property. XI. CONFIDENTIALITY Any information contained in any surplus personal property that is deemed confidential or proprietary by the City shall not be subject to a transfer of ownership along with any surplus personal property. The City reserves the right to require such information to be returned to the City, destroyed or not be duplicated or distributed. XII. DEFINITIONS Abandoned Property: Any equipment or materials left unclaimed and identified for disposal. Capital Asset (Non-Real Property): Non-financial assets that are used in operations and have an initial cost meeting the capitalization threshold as defined in Policy FIN-008. Computing Devices: Machines used to acquire, store, analyze, process, and publish data and other information electronically, including accessories (or “peripherals”) for printing, transmitting and receiving, or storing electronic information. Inventoriable Assets: Items that require special attention to ensure legal compliance, protect public safety, avoid potential liability, or items with a heightened risk of theft. Also referred to “controlled capital-type items.” Item 1H-15 Administrative Procedures Manual FIN-009 Disposal of Surplus Property and Equipment Page 6 of 6 Movable Equipment: Tangible, non-expendable, personal property that has an anticipated useful life of three (3) years or more with an acquisition cost meeting the City’s capitalization threshold as defined in Policy FIN-008 or with an estimated residual value $5,000 or greater. Personal Property: Equipment, furniture and vehicles, and intangible assets - software. Real Property: Land and land improvements, buildings and building improvements, infrastructure, improvements other than buildings, intangible assets - permanent and temporary easements, works of art / historical treasures, and construction in progress. Residual Value: The estimated value of an asset at the end of its useful life. Also referred to as salvage value. Surplus Property: Any equipment, furniture, scrap or salvaged materials, or other tangible property that is no longer needed by the City, regardless of its existing condition or estimated value. City Property: Any property or materials purchased with City funds or with grant funds, donated to the City, or acquired for the City through other means. Item 1H-16 I. PURPOSE This policy provides guidance on the standards and procedures governing the selection, acquisition, installation, and use of office furniture at the City of Palm Desert. It sets out the main principles, rules, and procedures regarding the procurement and management of furniture necessary to create a productive working environment. II. GENERAL POLICY City of Palm Desert maintains a set of standard office furniture options to facilitate the efficient, cost-effective, and timely acquisition and installation of office furniture used by employees and affiliates. The use of standard office furniture allows the City of Palm Desert to respond to the needs of diverse users and adapt to a wide range of space constraints. III. APPLICABILITY This policy applies to all office furniture purchased and used by the City of Palm Desert staff and affiliates in City of Palm Desert occupied space, regardless of location or funding source IV. CRITERIA Office Furniture acquired by staff should meet the following criteria: • Functional - Support the office activities of most end users for the intended purpose • Adjustable - Adjusts to accommodate the individual needs of 90 to 95% of end users • Flexible - Capable of being reused in varying configurations and locations • Modular - Standard modular sizes/shapes can be inventoried and quickly deployed CITY OF PALM DESERT Subject Furniture Procurement Policy and Procedures Policy No. FIN-010 [DRAFT PENDING APPROVAL] Date Issued: TBD, 2022 Approved by Resolution No. 2022-___ approving updated finance policies Authored by Finance Department Item 1H-17 Furniture Procurement Policy and Procedures Page 2 of 4 • Durable - Reliable and requires minimal maintenance and/or repair • Cost Effective – Ensures an optimal return on investment over the life of the item • Available – Readily procurable and delivered within standard timeline • Safe – Meets furniture fire code standards, does not pose physical risks to occupants. Office furniture covered by this policy is defined as a City of Palm Desert tangible asset and includes but is not limited to the following items: work surfaces or desks in offices and cubicles, filing cabinets, cubicle panels, office seating, storage, book shelving, and conference tables and chairs. V. ROLES AND RESPONSIBILITIES The Public Works Department is the authority for the City of Palm Desert’s Furniture design and specification standards. The Finance Department is responsible for the organization and administration of centralized furniture purchasing services. Risk Management is responsible for managing ergonomic reviews or accommodations requests. Departments are directly responsible for planning and submitting new furniture purchase requests to the Director of Public Works or designee for the Operations and Maintenance Division during the City’s Annual Fiscal Year Budget Process to ensure the availability of funds. The Director of Public Works or designee is responsible to contact the requesting department to plan and coordinate furniture purchases, and to ensure funding is available for the new furniture purchase requests and for furniture that has exceeded its useful life. VI. FURNITURE PROCUREMENT REQUEST PROCEDURES 1. Furniture will be procured furniture based on the following: • Available funding and in accordance with the City of Palm Desert Purchasing Policy and Procedures, Chapter 3.30. • To meet standards for functionality, durability, safety, finish, size, interchangeability, ergonomic design and optimal space utilization. 2. Replacement of furniture will be based on a priority, life cycle, and/or availability of funds. The Operations and Maintenance Division will be responsible for evaluating furniture condition and determining eligibility for replacement. Item 1H-18 Furniture Procurement Policy and Procedures Page 3 of 4 3. Furniture replacement requests are submitted through the Furniture Approval Form within the City’s electronic work order system. It is the City’s intention to standardize around a limited number of brand and styles of furniture. Furniture replacement will be based on the following criteria: New furniture is required as a result of an ADA accommodation. Furniture is unable to meet the needs of an employee with a demonstrated and documented ergonomic need or to make a reasonable accommodation. Furniture is considered damaged or worn beyond reasonable repair. When new positions and offices are created or modified. Furniture is rendered obsolete or unable to perform to a newly established standard. New furniture in generally included in the scope of new construction projects or major renovations. Furniture included in the scope of construction projects must adhere to standards established by the Public Works Department. Furniture Request Procedure 1. Requests will be considered based on priority, date of request, and funding availability. 2. Discretionary requests by departments for replacement furniture should be included in the annual budget cycle. Other requests will be considered on a case-by-case basis and prioritized according to 3. All requests must include prior approval(s) from the appropriate authority. 4. Requests will be reviewed by the Operations & Maintenance Services Division and a site visit with the requesting department will be arranged to gain a better understanding of the scope of work. 5. Recommendations will be made based upon a review of information provided on the Furniture Approval Form and the site visit. Factors to be considered include functionality, availability, pricing, and sustainability. 6. Once the scope of work is determined, the Operations & Maintenance Services Division will arrange a site visit with the selected vendor to measure space and confer with the requesting department. Item 1H-19 Furniture Procurement Policy and Procedures Page 4 of 4 7. The Operations & Maintenance Services Division will request approval of purchase through the City’s electronic Purchasing Approval Form for requests less than or equal to $50,000 and create a purchase order based on available funding. The Operations & Maintenance Services Division will coordinate delivery and installation and process payments for selected vendor. 8. For requests above $50,000, the Operations & Maintenance Services Division will coordinate the creation of a staff report with the requesting department to be submitted for City Council approval. Upon approval, the Operations & Maintenance Services Division will create a purchase order, coordinate delivery and installation of furniture, and process payments for selected vendor. Removal of Used Furniture: 1. All requests to move or dispose of any piece of furniture (including historical), should be made to the Operations & Maintenance Services Division through the City’s electronic Work Order System. Only the Operations & Maintenance Services Division will decide if the furniture is to be moved to storage or be disposed of according to Policy FIN-009 Disposal of Surplus Property and Equipment. Furniture placed in storage will available to any department. 2. Any department can request used furniture from storage by submitting a request to the Operations & Maintenance Services Division through the City’s electronic Work Order system. If available, the Operations & Maintenance Services Division will coordinate the relocation of the furniture. 3. If an individual desires to move, or a department wants an individual to move, from one office to another and/or requires additional furniture, the requesting department is responsible for submitting a request to the Operations & Maintenance Services Division through the City’s electronic Work Order System for the additional furniture. The Operations & Maintenance Services Division will make furniture recommendations based on availability and funding. VII. RECORDKEEPING REQUIREMENTS Asset records shall be kept in accordance with the current standards of Policy FIN-008 and in coordination with the Operations & Maintenance Services Division. Asset tags will be issued when items meet the capitalization threshold designated in Policy FIN- 008 by the Finance Department in coordination with the Operations & Maintenance Services Division. Item 1H-20 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: December 15, 2022 PREPARED BY: Liberty Urban, Deputy Director of Finance REQUEST: ADOPT RESOLUTION MAKING CERTAIN FINDINGS PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTIONS 66000-66008 RELATING TO THE DEVELOPMENT IMPACT FEES ANNUAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2022 RECOMMENDATION: Adopt a Resolution accepting the Development Impact Fees Annual Report and making certain findings pursuant to the California Government Code. BACKGROUND/ANALYSIS: AB 1600 (Statutes of 1998, Mitigation Fee Act), codified as Section 66000 et seq. of the California Government Code (Code), regulates how public agencies collect, maintain, and spend impact fees imposed on developers for the purpose of defraying costs of public facilities. It includes requirements for accounting, spending, and annually reporting the fees and related interest earnings, and for findings or refunds if fees remain unspent five or more years after receipt. Section 66006(b)(1) includes specific reporting requirements for each separate account or fund established pursuant to the Code, and the local agency shall, within 180 days after the last day of each fiscal year, make certain information available to the public. The attached resolution and report (Exhibit A to the resolution) prepared for the fiscal year ending June 30, 2022, provides the information required by the Code including the beginning and ending balances by fund as well as any changes during the year. The report also provides the amount of fees, interest, other income, expenditures, loans and proposed projects. Based on the findings, there were no required refunds made during the reported fiscal year. The City Council must review the annual report and make findings at a publicly held meeting not less than fifteen days after the information is made available to the public. This report was filed with the City Clerk’s office and available for public review on November 30, 2022. A draft of the report was also provided to the local Desert Valleys Builders Association and Riverside County Building Industry Association. FINANCIAL IMPACT: There is no fiscal impact from filing the report and its findings. REVIEWED BY: Development Services Director: Richard D. Cannone, AICP Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1. Resolution 2.FY 2021/2022 Development Impact Fees Annual Report (Exhibit A to the Resolution) Item 1i-1 City of Palm Desert Development Impact Fee Annual Report Page 2 of 2 3.Capital Improvement Program Budget for FY 2022-2023 to FY 2026-2027 Item 1i-2 RESOLUTION NO. 2022-_____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, MAKING FINDINGS REGARDING THE CONTINUING NEED FOR UNEXPENDED BALANCES OF IMPACT FEES AS OF JUNE 30, 2022 WHEREAS, Government Code Sections 66000 through 66008 (known as and referenced to herein as “AB1600”) regulate the imposition, collections, maintenance, expenditure and reporting of impact fees imposed on developers for the purpose of defraying costs of public facilities; and WHEREAS, a public hearing on the annual report of development impact fees for the period ending June 30, 2022 was held by the City Council on December 15, 2022, and the public testimony, if any, provided therein was duly considered; and WHEREAS, in accordance with the provisions of AB1600, the City of Palm Desert (“City”) has set up separate special revenue funds for each type of fee the City imposes, crediting earned interest to those funds, and spending the accumulated fees and related interest on appropriate expenditures; and WHEREAS, AB1600 requires the City to make specific findings every five (5) years with respect to any portion of the fees remaining unexpended or uncommitted after a period of five (5) years; and WHEREAS, the City Council desires to make the findings required by law, with respect to the unexpended fees. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT RESOLVES, FINDS, DECLARES AND DETERMINES AS FOLLOWS: Section 1. That the City finds that all of the foregoing recitals are true and correct and are hereby incorporated and adopted as findings and determinations by the City Council as if fully set forth herein. Section 2. That the City has identified impact fees collected from developers that are subject to AB1600’s requirements. Those funds are: •Housing Mitigation Fee (Fund 214) •Child Care Facility Fund (Fund 228) •New Construction Tax Fee (Fund 231) •Drainage Facility Fee (Fund 232) •Park & Recreation Fee (Fund 233) •Traffic Signalization Fee (Fund 234) •Fire Facility Fund (Fund 235) Section 3. That pursuant to Section 66006, the City has prepared an annual report for at least the last five fiscal years, reflecting the beginning and ending balances of each separate Item 1i-3 Resolution No. 2022-_____ Page 2 of 2 fund containing impact fees, the amount of fees collected and the interest earned for the year, the amount of expenditures attached hereto as Exhibit A. Section 4. That a copy of the annual report has been on file and available for review in the City Clerk’s Office by the public, for at least 15 days prior to action taken herewith. Section 5. That the City Council hereby makes the findings required by law, with respect to these unexpended fees, and has: 1) identified the purpose to which the fees are to be put; 2) demonstrated the relationship between the fees and the purposes for which they are charged; 3) identified all sources and amounts of funding anticipated, to the extent that they are known, to complete financing of the improvement. Section 6. That these findings are based on the information provided in the City of Palm Desert’s Development Impact Fees Annual Report, the City of Palm Desert’s annual operating budget and the Capital Improvement Program for Fiscal Year 2022-2023 to 2026-2027. Which is incorporated herein by reference. PASSED, APPROVED AND ADOPTED at the regular meeting of the Palm Desert City Council held on this 15th day of December 2022, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: MAYOR ATTEST: ANTHONY J. MEJIA, MMC, CITY CLERK CITY OF PALM DESERT, CALIFORNIA Item 1i-4 EXHIBIT A 1) A brief description of the type of fee in the account or fund. 2) The amount of the fee. 3) The beginning and ending balance of each account or fund. 4) The amount of the fees collected and the interest earned. The Development fee programs included in this report are the following: Section A – Housing Mitigation Fee (Fund 214) Section B – Child Care Facility Fund (Fund 228) Section C – New Construction Tax Fee (Fund 231) Section D – Drainage Facility Fee (Fund 232) Section E – Park & Recreation Fee (Fund 233) Section F – Traffic Signalization Fee (Fund 234) Section G – Fire Facility Fund (Fund 235) 6) An identification of an approximate date by which the construction of the public improvement(s) will commence if the County determines that sufficient funds have been collected to complete financing of an incomplete public improvement(s), and the public improvement(s) remains incomplete. 7) A description of each interfund transfer or loan made from the account or fund, if any, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the interest rate that the account or fund will receive on the loan. 8) The amount of refunds made due to sufficient funds being collected to complete financing on incompete public improvements, and the amount of reallacation fo funds made due to adminstratvie costs of refunding unexpended revenues exceeding the amount to be refunded. The City's Five Year Capital Improvement Program Budget is attached as a reference to future projects using existing cash balances for FY 2022-2023 through 2026-2027. CITY OF PALM DESERT DEVELOPMENT IMPACT FEE ANNUAL REPORT FISCAL YEAR 2021-2022 This report contains certain information required to be filed annually by the City of Palm Desert (the “City”) in accordance with the Mitigation Fee Act, commencing with Section 66000 of the California Government Code. The reporting requirements set forth in the Mitigation Fee Act (the “Act”) are applicable to the impact fees imposed on new development in the City. The Act requires that a public agency, on an annual basis, make available to the public within 180 days after the last day of each fiscal year the following information for the past fiscal year: 5) An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees. 11/30/2022 Attachment 2 Item 1i-5 Section A– Housing Mitigation Fee (Fund 214) Brief description of the type of fee in the fund: Part 1 – Fund Balance, Revenue, Interest, Expenditures, Ending Balance 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 Beginning Balance 2,797,065$ 2,858,798$ 3,026,646$ 3,489,660$ 3,575,892$ Developer Fees 30,975$ 113,651$ 309,046$ 85,098$ 27,247$ Interest Income 34,599$ 66,427$ 65,569$ 25,560$ 18,355$ Gain (Loss) on Fair Value-GASB 31 16,181$ 11,002$ (17,336)$ (68,100)$ 65,574$ 196,258$ 385,617$ 93,322$ (22,498)$ HCD Grant Loan Proceeds 26,699$ -$ 90,000$ -$ 30,000$ Interest on Loan -$ -$ 22,387$ -$ 12,802$ Expenditures (30,540)$ (28,411)$ (34,989)$ (7,090)$ (49,048)$ (a) Transfers out -$ -$ -$ -$ -$ Ending Fund Balance 2,858,798$ 3,026,646$ 3,489,660$ 3,575,892$ 3,547,149$ Part II – Compliance with expending funds within 5 years Five Year Revenue Test Using First In First Out 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 Current 65,574$ 196,258$ 385,617$ 93,322$ (22,498)$ Prior Year (2-Yrs Old)258,212$ 65,574$ 196,258$ 385,617$ 93,322$ Prior Year (3-Yrs Old)273,417$ 258,212$ 65,574$ 196,258$ 385,617$ Prior Year (4-Yrs Old)57,767$ 273,417$ 258,212$ 65,574$ 196,258$ Prior Year (5-Yrs Old)63,693$ 57,767$ 273,417$ 258,212$ 65,574$ Greater Than 5 Prior FY 1,454,318$ 1,489,600$ 1,512,378$ 1,778,705$ 1,987,870$ Ending Balance 2,172,981$ 2,340,829$ 2,691,457$ 2,777,689$ 2,706,143$ (1) Exclude Loan Proceeds 626,699$ 626,699$ 716,699$ 716,699$ 746,699$ (2) Exclude Interest on Loan 59,118$ 59,118$ 81,505$ 81,505$ 94,307$ (2) Exclude HCD grant -$ -$ -$ -$ -$ Ending Balance 2,858,798$ 3,026,646$ 3,489,660$ 3,575,892$ 3,547,149$ FY 2022-2023 Future Years Commitments Total Commitments % Funded with Dev. Fee Funding Available Date Merle (14) Self-Help 705,000$ -$ 705,000$ 100% Ongoing Housing Mitigation -$ 1,250,000$ 1,250,000$ 100% Ongoing Sands Apartments 180,000$ -$ 180,000$ TBD ARC Village Development 250,000$ -$ 250,000$ TBD Vitalia Apartments (10 Acre Affordable Dev)500,000$ 500,000$ TBD Homebuyer Subsidies -$ 786,405$ 786,405$ 100%Ongoing (2) 1,135,000$ 2,536,405$ 3,671,405$ (a) FY21-22 Expenditure Details:AMOUNT HOMEBUYER SUBSIDIES 30,000$ RICHARDS WATSON HSG MIT LGL SERVICE 15,020$ FIRST AMERICAN LTO-6144923 CVH 1,500$ NEW WEST LANDSCAPING-MERLE SELF HELP 2,500$ FED EX 29$ Total :49,048$ (2) Loan proceeds and interest from loans are program funds and are used to fund Homebuyer subsidies for programs meeting the requirements. The Housing Mitigation Fee is used to mitigate the low-income housing impacts caused by commercial and industrial development. The fee is used to help construct or provide low-income housing assistance to employees, working within the juridictional boundaries of the city, with affordable housing. The fee is based on: $1/sq. ft. – Commercial; $0.33/sq. ft. – Industrial; $0.40/sq. ft. – Professional; $1,000/room – Resort Hotel; $620/Room Non-Resort. Affordable Projects (1) The Housing Mitigation Fees being held beyond the five years as described by AB1600. This fee is being collected for the purpose of subsidizing housing cost as part of the City's program to provide affordable housing for low and very low income households that have at least one employee working within the jurisdictional boundaries of the City. Item 1i-6 Section B – Child Care Facility Fund 228 Brief description of the type of fee in the fund: Part 1 – Fund Balance, Revenue, Interest, Expenditures, Ending Balance 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 Beginning Balance 1,273,376$ 1,332,828$ 1,396,599$ 1,479,283$ 1,549,239$ Developer Fees 43,649$ 25,499$ 50,309$ 66,213$ 32,945$ Interest Income 15,803$ 31,126$ 27,992$ 10,992$ 6,823$ Gain (Loss) on Fair Value-GASB 31 7,146$ 4,384$ (7,249)$ (15,143)$ 59,452$ 63,771$ 82,685$ 69,956$ 24,624$ Expenditures -$ -$ -$ -$ (900,000)$ (1) Transfers out -$ -$ -$ -$ -$ Ending Fund Balance 1,332,828$ 1,396,599$ 1,479,283$ 1,549,239$ 673,863$ Part II – Compliance with expending funds within 5 years Five Year Revenue Test Using First In First Out 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 Current 59,452$ 63,771$ 82,685$ 69,956$ 24,624$ Prior Year (2-Yrs Old) 76,387$ 59,452$ 63,771$ 82,685$ 69,956$ Prior Year (3-Yrs Old)175,924$ 76,387$ 59,452$ 63,771$ 82,685$ Prior Year (4-Yrs Old)29,520$ 175,924$ 76,387$ 59,452$ 63,771$ Prior Year (5-Yrs Old)29,136$ 29,520$ 175,924$ 76,387$ 59,452$ Greater Than 5 Prior FY 962,409$ 991,545$ 1,021,065$ 1,196,989$ 373,376$ (2) Ending Balance 1,332,828$ 1,396,599$ 1,479,283$ 1,549,239$ 673,863$ FY 2021-22 Carryover Projects Future Years Commitments Total Commitments % Funded with Dev. Fee Funding Available Date Child Care Facilities 1,584,000$ TBD 1,584,000$ TBD Ongoing 1,584,000$ -$ 1,584,000$ (1) The City has entered into an operating covenant agreement with Bermuda Dunes Learning Center to use this $900,000 to make improvements to accommodate 150 spaces for toddlers, preschoolers, and elementary-age children at 47549 Highway 74, south of St. Margaret's Episcopal Church. The City of Palm Desert is interested in providing funding, through impact fees for new child care homes and centers, in order to meet some of the child care demand generated by employees and commercial uses in the City. A nexus study was prepared and approved by the City Council in August 2005. Annually, the City considers projects and any applicable budget requests to use these funds to create new facilities and equipment. (2) This fee is being collected for land acquision and development of new child care facilities and therefore must be retained until enough fees have been collected to start the project. Item 1i-7 Section C – New Construction Tax Fee (Fund 231) Brief description of the type of fee in the fund: Part 1 – Fund Balance, Revenue, Interest, Expenditures, Ending Balance 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 Beginning Balance 1,486,099$ 1,656,520$ 1,342,716$ 1,530,265$ 1,078,653$ Developer Fees 158,147$ 174,981$ 163,899$ 121,565$ 326,092$ Interest Income 12,274$ 27,570$ 28,575$ 5,444$ 2,094$ Gain (Loss) on Fair Value-GASB 31 -$ 6,845$ 5,099$ -$ (35,864)$ 170,421$ 209,396$ 197,573$ 127,009$ 292,321$ CVAG-Reimbursed CV Link Project 12,083$ 5,141,123$ 1,681,840$ Expenditures -$ -$ (22,107)$ (5,719,744)$ (1,600,466)$ (a) Write-off Advance to RDA -$ (523,200)$ -$ -$ -$ Ending Fund Balance 1,656,520$ 1,342,716$ 1,530,265$ 1,078,653$ 1,452,348$ Exclude Advance to RDA write-off:(654,000)$ (130,800)$ (130,800)$ (130,800)$ (130,800)$ 1,002,520$ 1,211,916$ 1,399,465$ 947,853$ 1,321,548$ Part II – Compliance with expending funds within 5 years Five Year Revenue Test Using First In First Out 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 Current 170,421$ 209,396$ 197,573$ (4,193,270)$ (360,292)$ (1) Prior Year (2-Yrs Old)204,788$ 170,421$ 209,396$ -$ -$ Prior Year (3-Yrs Old)228,499$ 204,788$ 170,421$ -$ -$ Prior Year (4-Yrs Old)208,723$ 228,499$ 204,788$ -$ -$ Prior Year (5-Yrs Old)190,089$ 208,723$ 228,499$ -$ -$ Greater Than 5 Prior FY 190,089$ 376,706$ -$ -$ Ending Balance 1,002,520$ 1,211,916$ 1,387,383$ (4,193,270)$ (360,292)$ CVAG- Reimburse CV Link -$ -$ 12,083$ 5,141,123$ 1,681,840$ Tie to ending balance on Fund Balance 1,002,520$ 1,211,916$ 1,399,465$ 947,853$ 1,321,548$ FY 2021-22 Carryover Projects Future Years Commitments Total Commitments % Funded with Dev. Fee Cooperative Agreement CV Link Connectors 2,249,907$ 1,000,000$ 3,249,907$ TBD CV Link Enhancements -$ 500,000$ 500,000$ TBD 2,249,907$ 1,500,000$ 3,749,907$ (a) FY21-22 Expenditure Details:AMOUNT GRANITE CONSTRUCTION - CV LINK CONSTR 1,296,943$ M. BAKER, INTERNATIONAL INC 6,825$ DHS CONSULTING LLC-CV LINK CONSULTANT 81,104$ KOA CORPORATION-CV LINK DESIGN 215,594$ Total :1,600,466$ (1) CVAG reimburses 100% of the CV Link project cost, excluding project design. The negative amount shown here is before the CVAG reimbursement received. After the reimbursement, the remaining impact fee balance was $1,321,548. Ending Balance of available Revenue: Note: Not include interest on Advance The New Construction Tax Fee is used for acquisition and development of public facilities like playgrounds, public structures, and street improvements. Annually, the City Council approves a five-year Capital Improvement Program budget that reflects current projects along with future committed projects utilizing these fees. The fee is based on: Industrial Buildings $0.05/sq. ft.; Residential units $0.40/sq. ft.; all other development $0.40/sq. ft. CVAG to reimburse 100% CVAG to reimburse 95% of Item 1i-8 Section D – Drainage Facility Fee (Fund 232) Brief description of the type of fee in the fund: Part 1 – Fund Balance, Revenue, Interest, Expenditures, Ending Balance 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 Beginning Balance 1,997,999$ 1,592,857$ 1,617,655$ 664,009$ 707,674$ Developer Fees 7,330$ 38,855$ 18,020$ 61,455$ 43,295$ Interest 21,852$ 36,315$ 22,881$ 5,247$ 3,800$ Gain (Loss) on Fair Value-GASB 31 8,290$ (2,466)$ (3,563)$ (14,233)$ 29,182$ 83,460$ 38,435$ 63,139$ 32,862$ Reimbursed from CVAG -$ -$ -$ -$ -$ Reimbursed from RDA -$ -$ -$ -$ -$ Expenditures (434,324)$ (58,663)$ (992,081)$ (19,474)$ -$ Transfers out Ending Fund Balance 1,592,857$ 1,617,655$ 664,009$ 707,674$ 740,536$ Part II – Compliance with expending funds within 5 years Five Year Revenue Test Using First In First Out 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 Current 29,182$ 83,460$ 38,435$ 63,139$ 32,862$ Prior Year (2-Yrs Old) 48,726$ 29,182$ 83,460$ 38,435$ 63,139$ Prior Year (3-Yrs Old) 155,837$ 48,726$ 29,182$ 83,460$ 38,435$ Prior Year (4-Yrs Old) 13,372$ 155,837$ 48,726$ 29,182$ 83,460$ Prior Year (5-Yrs Old)21,313$ 13,372$ 155,837$ 48,726$ 29,182$ Greater Than 5 Prior FY 1,118,957$ 1,081,608$ 102,898$ 239,262$ 287,988$ (1) Ending Balance 1,387,387$ 1,412,185$ 458,539$ 502,204$ 535,066$ Exclude Reimbursement: Reimbursed from CVAG 105,235$ 105,235$ 105,235$ 105,235$ 105,235$ Reimbursed from RDA 100,235$ 100,235$ 100,235$ 100,235$ 100,235$ Tie to ending balance on Fund Balance 1,592,857$ 1,617,655$ 664,009$ 707,674$ 740,536$ FY 2021- 2022 Carryover Future Years Commitments Total Commitment s % Funded with Dev. Fee Funding Available Date -$ TBD TBD 12% Ongoing -$ 239,262$ 239,262$ 100% Ongoing -$ 239,262$ 239,262$ Gerald Ford Drive Drainage Line 3B AKA: North Sphere Drainage Section 29 and Gerald Ford Drive Regional Detention Basins Improvements The Drainage Facility Fee is used for the drainage needs created by the development and adjoining streets to a project. The City has adopted a master drainage plan which gets modified as new development occurs. In addition, the City's Capital Improvement Program budget includes both current and future projects planned for use of the fees connected to the various development projects. Fees are based on which drainage map zone they reside within: Zone 1 fee is $4,000; Zone 2 is $1,000; Zone 3 is $1,000; Zone 4 is $1,000. The map is available in the Public Works Department upon request. (1) The Drainage Fees are being held beyond the five years as described by AB1600. This fee is being collected for the construction of drainage in the drainage map zones and therefore must be retained until enough fees have been collected to start construction of the project. Item 1i-9 Section E– Park & Recreation Fee (Fund 233) Brief description of the type of fee in the fund: Part 1 – Fund Balance, Revenue, Interest, Expenditures, Ending Balance 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 Beginning Balance 1,448,171$ 1,416,407$ 1,662,454$ 1,588,447$ 1,599,065$ Developer Fees 24,179$ 247,187$ 4,453$ 10,443$ 133,411$ Refund Developer Fees (7,125)$ -$ -$ -$ -$ Interest 17,882$ 36,237$ 32,590$ 11,526$ 8,620$ Gain (Loss) on Fair Value-GASB 31 8,485$ 4,058$ (8,102)$ (32,465)$ 34,936$ 291,909$ 41,101$ 13,867$ 109,566$ Expenditures (66,700)$ (45,862)$ (115,108)$ (3,249)$ -$ Transfers out Ending Fund Balance 1,416,407$ 1,662,454$ 1,588,447$ 1,599,065$ 1,708,631$ Exclude Insurance reimb: Insurance reimb. playground (33,570)$ (33,570)$ (33,570)$ (33,570)$ (33,570)$ Reimburse playground equipment (164,713)$ (164,713)$ (164,713)$ (164,713)$ (164,713)$ Insurance reimb. damage (159,113)$ (159,113)$ (159,113)$ (159,113)$ (159,113)$ SARDA reimb shade structure (15,896)$ (15,896)$ (15,896)$ (15,896)$ (15,896)$ Ending Balance 1,043,115$ 1,289,162$ 1,215,155$ 1,225,773$ 1,335,339$ Part II – Compliance with expending funds within 5 years Five Year Revenue Test Using First In First Out 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 Current 34,936$ 291,909$ 41,101$ 13,867$ 109,566$ Prior Year (2-Yrs Old)322,198$ 34,936$ 291,909$ 41,101$ 13,867$ Prior Year (3-Yrs Old)309,926$ 322,198$ 34,936$ 291,909$ 41,101$ Prior Year (4-Yrs Old)84,574$ 309,926$ 322,198$ 34,936$ 291,909$ Prior Year (5-Yrs Old)188,365$ 84,574$ 309,926$ 322,198$ 34,936$ Greater Than 5 Prior FY 103,116$ 245,618$ 215,084$ 521,761$ 843,959$ (1) Ending Balance 1,043,115$ 1,289,162$ 1,215,155$ 1,225,773$ 1,335,339$ FY 2021-22 Carryover Projects Future Years Commitments Total Commitment s % Funded with Dev. Fee Funding Available Date 1,000,000$ TBD 1,000,000$ 100% Ongoing Installation of Outdoor Fitness Facilities 250,000$ TBD 250,000$ 100% Ongoing 1,250,000$ -$ 1,250,000$ Dinah Shore Park (North Sphere) - Future Improvements (1) The Park & Recreation Fees are being held beyond the five years as described by AB1600. This fee is being collected for the purpose of developing new or rehabilitation of existing park or recreational facilities to serve the community. The fee is used to acquire land, construct parks, recreational areas, open space, and other public facilities for the city residents. Annually, the City Council adopts a Capital Improvement Program Budget detailing the current and future projects necessary for use of the fee. The fee is charged to residential properties based on the following formula: Number of units x 2.292 (people per household) x 5 acres divided by 1,000 population x land market value per acre. Item 1i-10 Section F – Traffic Signalization Fee (Fund 234) Brief description of the type of fee in the fund: Part 1 – Fund Balance, Revenue, Interest, Expenditures, Ending Balance 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 Beginning Balance $ 389,674 $ 410,318 $ 496,178 $ 417,052 $ 436,491 Developer Fees 16,512$ 91,274$ 29,677$ 18,467$ 8,400$ Interest Income 4,912$ 9,965$ 9,682$ 3,062$ 2,259$ Gain (Loss) on Fair Value-GASB 31 2,537$ 765$ (2,090)$ (8,400)$ 21,424$ 103,775$ 40,124$ 19,439$ 2,259$ Expenditures (780)$ (17,915)$ (119,250)$ -$ -$ Transfers out -$ -$ -$ -$ -$ Ending Fund Balance 410,318$ 496,178$ 417,052$ 436,491$ 438,750$ Part II – Compliance with expending funds within 5 years Five Year Revenue Test Using First In First Out 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 Current 21,424$ 103,775$ 40,124$ 19,439$ 2,259$ Prior Year (2-Yrs Old)38,654$ 21,424$ 103,775$ 40,124$ 19,439$ Prior Year (3-Yrs Old)103,710$ 38,654$ 21,424$ 103,775$ 40,124$ Prior Year (4-Yrs Old)17,722$ 103,710$ 38,654$ 21,424$ 103,775$ Prior Year (5-Yrs Old)228,808$ 17,722$ 103,710$ 38,654$ 21,424$ Greater Than 5 Prior FY -$ 210,893$ 109,365$ 213,075$ 251,729$ (1) Ending Balance 410,318$ 496,178$ 417,052$ 436,491$ 438,750$ FY 2021-2022 Carryover Projects Future Years Commitments Total Commitment s % Funded with Dev. Fee Funding Available Date 225,000$ 75,000$ 300,000$ 100% Ongoing -$ 235,075$ 235,075$ 100% Ongoing 225,000$ 310,075$ 535,075$ Market Place Drive and Cook Street Signal Improvement Traffic Signal Hardware Upgrade increased load capacity The fee is used for acquisition and development of the regional traffic signals within the City created by increased traffic load added by the development. Yearly, the City Council adopts a five-year Capital Improvement Plan detailing the current and future projects necessary for use of the fee. The fee is charged based on the type of building constructed, which is: Residential $ 50 per unit; Commercial $500 per 1,000 sq. ft.; Industrial $500 per acre. (1) The Traffic Signalization Fee being held beyond the five-years as described by AB1600. The use of the fee is contingent on development growth and will be used to install and develop regional traffic signals as the traffic load increases. Item 1i-11 Section G – Fire Facility Fund (235) Brief description of the type of fee in the fund: Part 1 – Fund Balance, Revenue, Interest, Expenditures, Ending Balance 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 Beginning Balance 1,073,087$ 1,108,171$ 1,153,479$ 1,212,787$ 1,261,388$ Developer Fees 21,766$ 13,655$ 32,713$ 45,624$ 125,925$ Interest Income 13,318$ 25,750$ 23,043$ 8,943$ 6,708$ Gain (Loss) on Fair Value-GASB 31 5,903$ 3,552$ (5,966)$ (25,936)$ 35,084$ 45,308$ 59,308$ 48,601$ 106,698$ Expenditures -$ -$ -$ -$ -$ Transfers out -$ -$ -$ -$ -$ Ending Fund Balance 1,108,171$ 1,153,479$ 1,212,787$ 1,261,388$ 1,368,086$ Part II – Compliance with expending funds within 5 years Five Year Revenue Test Using First In First Out 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 Current 35,084$ 45,308$ 59,308$ 48,601$ 106,698$ Prior Year (2-Yrs Old)41,063$ 35,084$ 45,308$ 59,308$ 48,601$ Prior Year (3-Yrs Old)53,168$ 41,063$ 35,084$ 45,308$ 59,308$ Prior Year (4-Yrs Old)43,193$ 53,168$ 41,063$ 35,084$ 45,308$ Prior Year (5-Yrs Old)107,570$ 43,193$ 53,168$ 41,063$ 35,084$ Greater Than 5 Prior FY 828,093$ 935,663$ 978,856$ 1,032,023$ 1,073,086$ (1) Ending Balance 1,108,171$ 1,153,479$ 1,212,787$ 1,261,388$ 1,368,086$ FY 2021-22 Carryover Projects Future Years Commitments Total Commitments % Funded with Dev. Fee Funding Available Date North Sphere Fire Station 1,223,471$ -$ 1,223,471$ TBD On going (2) (2) North Sphere Fire Station is expected to cost $12,000,000. The City of Palm Desert is interested in providing funding, through impact fees for a new Fire Station and equipment, in order to meet some of the new commercial and residential development in the northern half of the City. A Nexus study was prepared and approved by City Council in June 2006. The fee is calculated as follows: Commercial development rate is $0.22 per square foot, industrial/office rate is $0.20 per square foot, and residential development would be based on a $2,262 per acre depending on density of units built or $709 per single residence. Annually, the City will adopt a budget to use these funds to create new facilities and equipment. (1) The Fire Facilities Fee being held beyond the five years as described by AB1600. This fee is being collected for the purpose of construction of a new North Sphere Fire Station necessary to serve the growing population within the North sphere of Palm Desert and therefore must be retained until enough fees have been collected to start contruction of the project. Item 1i-12 CITY OF PALM DESERT CAPITAL IMPROVEMENT PROGRAM SUMMARY TOTAL FY 2022-23 FUND CARRYOVER FD YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 FUND TOTAL 110 General - 110 1,100,000 584,000 556,000 812,000 649,000 3,701,000 211 Gas Tax - 211 4,700,000 2,205,000 2,355,000 2,210,000 2,215,000 13,685,000 213 Measure A 100,000 213 8,178,000 9,774,925 9,030,000 6,555,000 5,000,000 38,637,925 214 Housing Mitigation - 214 404,500 404,500 409,135 409,135 409,135 2,036,405 220 CDBG - 220 312,000 - - - - 312,000 228 Childcare Program 1,584,000 228 - - - - - 1,584,000 229 Police Grants - 229 33,000 34,000 35,000 36,000 - 138,000 230 Fire Fund 1,116,000 230 530,000 293,000 125,000 179,000 - 2,243,000 231 New Construction Tax 2,249,907 231 1,500,000 - - - - 3,749,907 232 Drainage - 232 239,262 - - - - 239,262 233 Park 1,250,000 233 - - - - - 1,250,000 234 Traffic Signal 225,000 234 - 235,075 - - 75,000 535,075 235 Fire Facilities 1,223,471 235 - - - - - 1,223,471 236 Recycling Fund - 236 - - - - - - 238 Air Quality - 238 - - - - - - 242 Aquatic Fund 232,101 242 271,000 390,000 475,000 135,000 150,000 1,653,101 243 Cannabis Compliance - 243 - - - - - - 289 Bad No. 1 - 289 700,000 - - - - 700,000 301 83-1 Fund - 301 - - - - - - 303 84-1 Fund - 303 - - 531,811 - - 531,811 304 87-1 Fund - 304 - - 188,669 - - 188,669 306 92-1 Fund - - - 121,231 - - 121,231 307 94-1 Fund - 307 - - 324,833 - - 324,833 308 94-2 Fund - 308 - - 101,457 - - 101,457 351 91-1 Fund - - 1,167,468 - - - 1,167,468 400 Capital Improvement Fund 100,000 400 823,800 250,000 100,000 130,000 - 1,403,800 420 CIP - Drainage 1,012,926 420 1,105,000 - - - - 2,117,926 425 Economic Development 700,000 425 449,442 462,924 445,812 104,116 104,780 2,267,074 430 CIP - Park - 430 - - - - - - 436 AIPP 250,000 436 413,390 100,000 50,000 50,000 - 863,390 440 CIP - Traffic Signal - 440 - - - - - - 441 Golf Capital 75,000 441 891,500 2,514,715 637,904 624,246 595,813 5,339,178 450 Building Maint 1,833,193 450 935,000 - - - - 2,768,193 468 University AD - 468 - - - - - - 469 Section 29 AD - 469 - - - - - - 451 Capital Bond Fund 22,282,255 451 100,000 100,000 - - - 22,482,255 510 OC Enterprise 1,497,600 510 20,000 - - - - 1,517,600 520 Desert Willow - 520 400,927 602,550 607,950 542,883 70,550 2,224,860 530 Equipment Replacement 244,000 530 1,034,000 430,000 - 235,000 - 1,943,000 610 Trust Fund - 610 151,200 150,000 - -- 301,200 620 81-1 Fund - 620 - - - -- - 871 Housing Authority - 871 2,393,392 - - - - 2,393,392 873 Housing Asset Fund - 873 - - - - - - Bond Fund Deposit - - - - - - - 35,975,453 26,685,413 19,698,157 16,094,802 12,022,380 9,269,278 119,745,483 Unfunded 9,710,000 5,300,000 21,928,000 1,350,000 5,080,000 750,000 44,118,000 NOTE: APPROPRIATIONS AND/OR ENCUMBRANCES FOR REBUDGET/CARRYOVER FROM FISCAL YEAR 2021-22 TO 2022-23 Continuing appropriations are amounts which have been appropriated in FY 2021-22 and are not expected to be expended by June 30, 2022. These funds are primarily for capital budgets and specific programs that overlap fiscal years. When authorized continuing appropriation amounts are added to the new fiscal year budget amounts in order to track all approved spending. The exact amount of appropriations for carryover in each fund indicated will be determined at the end of the fiscal year during the preparation of financial statements. This amount will include: 1) purchase orders and 2) unencumbered balances as of June 30, 2022 for appropriations approved by the City Council through the last meeting in June, 2022. AMOUNTS ARE SUBJECT TO CHANGE DUE TO PROJECTS APPROVED BY COUNCIL PRIOR TO JUNE 30, 2022. Attachment 3 Item 1i-13 CITY OF PALM DESERT CAPITAL IMPROVEMENT PROGRAM STREETS PROJECTS FY 2022-23 Resolution 2022-59 FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 Year 1 Year 2 Year 3 Year 4 Year 5 Project Name Amount Amount Amount Amount Amount STREET PROJECTS-SIGNALIZATION AND INTERSECTION PROJECTS 150,000 264,925 - - - - 235,075 - - - 750,000 750,000 750,000 750,000 750,000 - 6,478,000 650,000 130,000 750,000 Continuing Haystack Road and Highway 74 Intersection Modification - - - - - 990,000 810,000 1,120,000 560,000 560,000 - - - - 75,000 STREET PROJECTS-ROADWAY AND BRIDGE PROJECTS Continuing Roadway Safety Improvements 1,663,000 - - - - Approved HSIP grant funding in 2021 for design and construction. Annual Bridge Inspection & Repair Program 320,000 1,000,000 700,000 2,000,000 300,000 - - - - - $11.1M in Capital Bonds Allocated - - - - - $450,000 appropriated from General Fund in 2022 and transfer to Fund 400. - - - - - - 450,000 - - - New for FY22/23 Technology Drive Extension to Gerald Ford Drive 300,000 - - - - STREET PROJECTS-STORMWATER AND DRAINAGE PROJECTS Continuing Haystack Channel Rehabilitation 1,000,000 - - - - Continuing White Stone Lane Street Improvements 500,000 - - - - 239,262 - - - - 550,000 - - - - New for FY22/23 Section 29 Storm Drain Repairs 150,000 - - - - - - - - - 80,000 - - - - 25,000 - - - - - 105,000 105,000 105,000 105,000 STREET PROJECTS-BIKE AND PED PROJECTS Annual Bike Lane Striping 150,000 - 150,000 - 150,000 - - - - - 805,000 3,200,000 3,460,000 250,000 250,000 - - - 4,950,000 - Possible ATP grant funding for construction in future years - - - - - 1,000,000 - - - - New for FY22/23 CV Link Enhancements 500,000 - - - - Cooperative Agreement: CVAG to reimburse 95% of Cost. New for FY22/23 Haystack Road Traffic Calming Improvements 1,000,000 - - - - Annual Walk n Roll PD 1,000,000 1,150,000 500,000 500,000 500,000 Possible ATP grant funding for construction in future years New for FY22/23 Sidewalk Replacement Program 100,000 100,000 100,000 100,000 100,000 Additional funding will be sought for program locations eligible for HSIP funding. Cooperative Agreement: CVAG to reimburse 100% of Cost. Grants, Reimbursements, Agreements, MOU's etc. Annual Traffic Signal and Traffic Signal Interconnect Equipment Upgrade and ReplacementPROJECT CATEGORYNew for FY22/23 Continuing New for FY22/23 Catch Basin and Inlet Modifications Continuing PD Link Continuing El Paseo Mid-Block Crossing Continuing Traffic Operations and Capacity Improvements Section 29 and Gerald Ford Drive Regional Detention Basins Improvements Continuing President's Plaza East & West Parking Lot Rehabilitation CV Link Hovley Connector Continuing Market Place Drive and Cook Street Traffic Signal Improvements Item 1i-14 CITY OF PALM DESERT CAPITAL IMPROVEMENT PROGRAM STREETS PROJECTS FY 2022-23 Resolution 2022-59 FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 Year 1 Year 2 Year 3 Year 4 Year 5 Project Name Amount Amount Amount Amount Amount STREET PROJECTS-SIGNALIZATION AND INTERSECTION PROJECTS 150,000 264,925 - - - - 235,075 - - - 750,000 750,000 750,000 750,000 750,000 - 6,478,000 650,000 130,000 750,000 Continuing Haystack Road and Highway 74 Intersection Modification - - - - - 990,000 810,000 1,120,000 560,000 560,000 - - - - 75,000 STREET PROJECTS-ROADWAY AND BRIDGE PROJECTS Continuing Roadway Safety Improvements 1,663,000 - - - - Approved HSIP grant funding in 2021 for design and construction. Annual Bridge Inspection & Repair Program 320,000 1,000,000 700,000 2,000,000 300,000 - - - - - $11.1M in Capital Bonds Allocated - - - - - $450,000 appropriated from General Fund in 2022 and transfer to Fund 400. - - - - - - 450,000 - - - New for FY22/23 Technology Drive Extension to Gerald Ford Drive 300,000 - - - - STREET PROJECTS-STORMWATER AND DRAINAGE PROJECTS Continuing Haystack Channel Rehabilitation 1,000,000 - - - - Continuing White Stone Lane Street Improvements 500,000 - - - - 239,262 - - - - 550,000 - - - - New for FY22/23 Section 29 Storm Drain Repairs 150,000 - - - - - - - - - 80,000 - - - - 25,000 - - - - - 105,000 105,000 105,000 105,000 STREET PROJECTS-BIKE AND PED PROJECTS Annual Bike Lane Striping 150,000 - 150,000 - 150,000 - - - - - 805,000 3,200,000 3,460,000 250,000 250,000 - - - 4,950,000 - Possible ATP grant funding for construction in future years - - - - - 1,000,000 - - - - New for FY22/23 CV Link Enhancements 500,000 - - - - Cooperative Agreement: CVAG to reimburse 95% of Cost. New for FY22/23 Haystack Road Traffic Calming Improvements 1,000,000 - - - - Annual Walk n Roll PD 1,000,000 1,150,000 500,000 500,000 500,000 Possible ATP grant funding for construction in future years New for FY22/23 Sidewalk Replacement Program 100,000 100,000 100,000 100,000 100,000 Continuing Market Place Drive and Cook Street Traffic Signal Improvements Continuing PD Link Continuing El Paseo Mid-Block Crossing Continuing Traffic Operations and Capacity Improvements Section 29 and Gerald Ford Drive Regional Detention Basins Improvements Continuing President's Plaza East & West Parking Lot Rehabilitation CV Link Hovley Connector Grants, Reimbursements, Agreements, MOU's etc. Annual Traffic Signal and Traffic Signal Interconnect Equipment Upgrade and ReplacementPROJECT CATEGORYNew for FY22/23 Continuing New for FY22/23 Catch Basin and Inlet Modifications Cooperative Agreement: CVAG to reimburse 100% of Cost. Additional funding will be sought for program locations eligible for HSIP funding. Item 1i-15 CITY OF PALM DESERT CAPITAL IMPROVEMENT PROGRAM STREETS PROJECTS FY 2022-23 Resolution 2022-59 FY 2022-23 PROJECT FY 21-22 COST Carryover Project Name STREETS PROJECTS Account ESTIMATE:AmountPROJECT CATEGORYSTREET PROJECTS-CITYWIDE PROGRAMS AND PROJECTS Measure A 2134311-4332000 - Gas Tax 2114311-4332000 - General 1104311-4332000 - Annual Citywide Street Striping and Lane Improvements Measure A 2134315-4332000 Annual Project 100,000 Continuing Citywide Pavement Condition Evaluation Gas Tax 2114311-4391505 Gas Tax - SB1 - Continuing Cook Street Repaving Project from Gerald Ford to Frank Sinatra Gas Tax 2114311-4391505 Gas Tax - SB1 - Continuing Portola Avenue Repaving Project between Fred Waring and Hwy 111 Gas Tax 2114311-4391505 Gas Tax - SB1 - General 1104312-4332000 - Measure A 2134312-4400100 - Continuing Neighborhood Traffic Calming Program Measure A 2134565-5000903 Annual Project - Continuing Geodetic Survey Control Network Capital Improvement Fund 4004300-4309000 $80,000 - Capital Bond Fund 4514256-4400100 550,000 Capital Improvement Fund 4004256-4400100 100,000 81-1 Fund 6204311-4332000 $271,000 - 83-1 Fund 3014311-4332000 $40,000 - 84-1 Fund 3034311-4332000 $534,000 - 87-1 Fund 3044311-4332000 $238,000 - 94-1 Fund 3074311-4332000 $25,000 - 94-2 Fund 3084311-4332000 $98,000 - 91-1 Fund 3514311-4332000 $1,167,468 - 92-1 Fund 3064311-4332000 $121,231 - New for FY22/23 Safe Routes to Schools Plan Measure A 21343000-5000910 $650,000 - $4.0M AnnuallyAnnualStreet Resurfacing Program Annual Project Continuing Street Resurfacing- Assessments District Annual ADA Curb Ramp Modifications Annual Project Annual Undergrounding Utilities Item 1i-16 CITY OF PALM DESERT CAPITAL IMPROVEMENT PROJECTS STREETS PROJECT FY 2022-23 Resolution 2022-59 FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 Year 1 Year 2 Year 3 Year 4 Year 5 Project Name Amount Amount Amount Amount Amount Grants, Reimbursements, Agreements, MOU's etc.PROJECT CATEGORYSTREET PROJECTS-CITYWIDE PROGRAMS AND PROJECTS - 1,900,000 1,750,000 1,895,000 1,890,000 3,600,000 2,000,000 2,000,000 2,000,000 2,000,000 - - - - - Annual Citywide Street Striping and Lane Improvements 300,000 300,000 200,000 200,000 200,000 Caltrans Compliance Continuing Citywide Pavement Condition Evaluation 100,000 100,000 250,000 105,000 110,000 Continuing Cook Street Repaving Project from Gerald Ford to Frank Sinatra - - - - - Continuing Portola Avenue Repaving Project between Fred Waring and Hwy 111 1,000,000 - - - - 25,000 25,000 25,000 25,000 25,000 50,000 50,000 50,000 50,000 50,000 Continuing Neighborhood Traffic Calming Program 150,000 150,000 150,000 150,000 150,000 Continuing Geodetic Survey Control Network - - - 80,000 - 100,000 100,000 - - - - - - - - - - - - Assessment Bond Funds - - - - Assessment Bond Funds - - 531,811 - Assessment Bond Funds - - 188,669 - Assessment Bond Funds - - 324,833 - Assessment Bond Funds - - 101,457 - Assessment Bond Funds - 1,167,468 - - - Assessment Bond Funds - - 121,231 - - Assessment Bond Funds New for FY22/23 Safe Routes to Schools Plan 250,000 100,000 100,000 100,000 100,000 90% reimbursement grant if awarded These funds are City's local share. Local share of Measure A Funds can be spent on maintenance. CVAG Measure A funds are restricted in terms of maintenance. Annual Street Resurfacing Program Continuing Street Resurfacing- Assessments District $750,000 in Capital Bonds Allocated and Assessment District Funding Annual ADA Curb Ramp Modifications Annual Undergrounding Utilities Item 1i-17 CITY OF PALM DESERT CAPITAL IMPROVEMENT PROGRAM OTHER PROJECTS FY 2022-23 Resolution 2022-59 PROJECT FY 21-22 COST Carryover Project Name Fund Account ESTIMATE:Amount OTHER PROJECTS Economic Development 4254430-4345000 - Economic Development 4254430-4395000 - General 1104199-4501000 - New Desert Surf Capital Bond Fund 4514430-5000203 $20,000,000 20,000,000 Continuing Artwork for Phase 1 of the San Pablo Corridor Project AIPP 4364650-4400100 $200,000 200,000 Annual Housing Mitigation Housing Mitigation 2144490-4390101 Annual Project - Annual Homebuyer Subsidies - BEGIN Program Housing Mitigation 2144494-4390102 Annual Project - New Invest- Palm Desert Economic Development 4254430-4393000 $2,000,000 700,000 New Broadband Economic Development 1104430-4309102 $75,000 - Continuing Living Desert Program Contribution Capital Improvement Fund 4004800-4389800 $1,000,000 - Continuing McCallum Theater Program Contribution Capital Improvement Fund 4004800-4387900 $1,200,000 - Continuing Artwork for the San Pablo Corridor AIPP 4364650-4400100 $50,000 50,000 New for FY22/23 Freedom Park Sculpture Repairs AIPP 4364650-4400100 $188,390 - New for FY22/23 Artwork for Phase 2 of the San Pablo Corridor Project AIPP 4364650-4400100 $200,000 - New for FY22/23 Artwork for Phase 2 of the PD Link Project AIPP 4364650-4400100 $50,000 - New for FY22/23 Artwork for Phase 2 of the Haystack Road Traffic Calming Project AIPP 4364650-4400100 $50,000 - New for FY22/23 Artwork for New Visitor Center AIPP 4364650-4400100 $25,000 - PROJECT CATEGORYContinuing iHUB Rent & Operating Cost Annual Payments Item 1i-18 CITY OF PALM DESERT CAPITAL IMPROVEMENT PROGRAM OTHER PROJECTS FY 2022-23 Resolution 2022-59 FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 Year 1 Year 2 Year 3 Year 4 Year 5 Project Name Amount Amount Amount Amount Amount OTHER PROJECTS 201,442 207,484 213,709 104,116 104,780 248,000 255,440 232,103 - - - - 31,000 387,000 324,000 New Desert Surf - - - - Continuing Artwork for Phase 1 of the San Pablo Corridor Project - - - - Annual Housing Mitigation 250,000 250,000 250,000 250,000 250,000 Annual Homebuyer Subsidies - BEGIN Program 154,500 154,500 159,135 159,135 159,135 New Invest- Palm Desert - - - - - New Broadband - - - - - Continuing Living Desert Program Contribution 200,000 - - - Continuing McCallum Theater Program Contribution 200,000 200,000 - - - Continuing Artwork for the San Pablo Corridor - - - - - New for FY22/23 Freedom Park Sculpture Repairs 188,390 - - - - New for FY22/23 Artwork for Phase 2 of the San Pablo Corridor Project 200,000 - - - - New for FY22/23 Artwork for Phase 2 of the PD Link Project - 50,000 50,000 50,000 - AIPP to be funded from overall project funding New for FY22/23 Artwork for Phase 2 of the Haystack Road Traffic Calming Project - 50,000 - - - AIPP to be funded from overall project funding for the project New for FY22/23 Artwork for New Visitor Center 25,000 - - - - AIPP funding (1% of total project cost) to potentially be paid by developer impact feePROJECT CATEGORYGrants, Reimbursements, Agreements, MOU's etc. Continuing iHUB Rent & Operating Cost Item 1i-19 CITY OF PALM DESERT CAPITAL IMPROVEMENT PROGRAM FACILITIES FY 2022-23 Resolution 2022-59 FY 2022-23 PROJECT FY 21-22 COST Carryover Project Name Fund Account ESTIMATE:Amount FACILITIES Continuing Development Services Office Space Improvements Building Maint 4504161-4400100 $1,100,000 1,100,000 Annual Joslyn Center CIP Projects Building Maint 4504164-4400100 Annual Project - Continuing Civic Center Photovoltaic / EV Charging Stations Building Maint 4504161-4400100 $250,000 250,000 Continuing Parkview Office Complex - Facility Improvements OC Enterprise 5104361-4400100 $1,497,600 1,497,600 Continuing City Childcare Facility Childcare Program 2284800-4400100 1,584,000 Continuing Civic Center Complex Directional Sign Improvements Building Maint 4504161-4400100 $100,000 100,000 Capital Bond Fund 4514419-4400100 $3,000,000 1,200,000 Unfunded Continuing City Hall Roof Improvements Building Maint 4504161-4400100 $190,000 137,401 Continuing Henderson Building Improvements - Surveillance / Roof Building Maint 4504164-4400100 $95,000 95,000 Continuing Artists Center at Galen Roof / Exterior Paint Building Maint 4504164-4388500 $165,000 150,792 Capital Improvement Fund 4004439-4391503 - Building Maint 4504439-4400100 - Unfunded - Continuing PDHA Replacement Expenditures Housing Authority 8714195-4331100 Carryover (1)- Continuing Parking Lot Pavement Condition Evaluation General 1104313-4332000 $100,000 - New for FY22/23 Desert Recreation District Building Improvements (Roof/HVAC/Foundation)Building Maint 4504164-4400100 - New for FY22/23 Facilities Maintenance Master Plan Building Maint 4504164-4309000 $250,000 - New for FY22/23 Parking Lot Rehabilitation General 1104313-4332000 $700,000 - General 1104313-4332000 $290,000 - OC Enterprise 5104195-4332000 $20,000 - Desert Willow 4414195-4809200 $40,000 - Building Maint 4504164-4400100 - Unfunded - New for FY22/23 City Hall Security Improvements Building Maint 4504164-4400100 $210,000 - New for FY22/23 Corporate Yard Generator Equipment Replacement 5304310-4404500 $125,000 - Fire Stations Annual Fire Station 71 Building Fire Fund 2304220-4400100 Annual Project 90,000 New Fire Station 71 2021 Tenant Improvements Fire Fund 2304220-4400100 $300,000 300,000 Annual Fire Station 67 Building Fire Fund 2304220-4400100 Annual Project 96,000 New Fire Station 33 Fuel Tank Shade Structure Fire Fund 2304220-4400100 $100,000 100,000 Annual Fire Station 33 Building Fire Fund 2304220-4400100 Annual Project 530,000 Fire Facilities 2354270-4400100 1,223,471 Unfunded 9,710,000 New for FY22/23 Continuing New Visitor Center Continuing New North Sphere Fire Station New for FY22/23 Parking Lot Maintenance Portola Community Center RenovationsPROJECT CATEGORYContinuing $3,500,000Development Services Office Space Improvements - Phase 2 $10,680,000 $800,000 Item 1i-20 CITY OF PALM DESERT CAPITAL IMPROVEMENT PROGRAM FACILITIES FY 2022-23 Resolution 2022-59 FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 Year 1 Year 2 Year 3 Year 4 Year 5 Project Name Amount Amount Amount Amount Amount FACILITIES Continuing Development Services Office Space Improvements - - - - - Annual Joslyn Center CIP Projects - - - - - Continuing Civic Center Photovoltaic / EV Charging Stations - - - - - Continuing Parkview Office Complex - Facility Improvements - - - - - Continuing City Childcare Facility - - - - - Continuing Civic Center Complex Directional Sign Improvements - - - - - - - - - - If cost over $1.2 million, project would have to be funded by General Fund Reserves. 1,800,000 Continuing City Hall Roof Improvements - - - - - Continuing Henderson Building Improvements - Surveillance / Roof - - - - - Continuing Artists Center at Galen Roof / Exterior Paint - - - - - - - 50,000 - - - - - - - - - 700,000 - - Continuing PDHA Replacement Expenditures 2,393,392 - - - Continuing Parking Lot Pavement Condition Evaluation 100,000 - - - - New for FY22/23 Desert Recreation District Building Improvements (Roof/HVAC/Foundation)475,000 - - - - New for FY22/23 Facilities Maintenance Master Plan 250,000 - - - - New for FY22/23 Parking Lot Rehabilitation 300,000 100,000 100,000 100,000 100,000 40,000 100,000 50,000 50,000 50,000 20,000 - - - - 40,000 - - - - - - - - - 3,500,000 - - - - New for FY22/23 City Hall Security Improvements 210,000 New for FY22/23 Corporate Yard Generator 125,000 - - - - Fire Stations Annual Fire Station 71 Building 165,000 162,000 23,000 10,000 - New Fire Station 71 2021 Tenant Improvements - - - - - Annual Fire Station 67 Building 100,000 10,000 27,000 73,000 - New Fire Station 33 Fuel Tank Shade Structure - - - - - Annual Fire Station 33 Building 265,000 121,000 75,000 96,000 - - - - - - - - - - New for FY22/23 Continuing New Visitor Center Continuing New North Sphere Fire Station New for FY22/23 Parking Lot Maintenance Portola Community Center RenovationsPROJECT CATEGORYContinuing Bond Funding of $300,000 Grants, Reimbursements, Agreements, MOU's etc. Development Services Office Space Improvements - Phase 2 Item 1i-21 CITY OF PALM DESERT CAPITAL IMPROVEMENT PROGRAM DESERT WILLOW FY 2022-23 Resolution 2022-59 PROJECT FY 21-22 COST Carryover Project Name Fund Account ESTIMATE:Amount DESERT WILLOW New Fire Cliff - Golf Course Improvements Golf Capital 4414195-4809200 $1,843,769 75,000 New Mountain View - Golf Course Improvements Golf Capital 4414195-4809200 $3,301,881 - New Desert Willow Perimeter Landscape Rehabilitation Phase II Golf Capital 4414195-4809200 $550,000 - New for FY22/23 Desert Willow Perimeter Landscape and Lighting Golf Capital 4414195-4809200 $500,000 - Annual Golf Cart Paths Golf Capital 4414195-4809200 Annual Project - Annual Perimeter Landscaping Golf Capital 4414195-4332000 Annual Project - Continuing Course & Ground Leases - Principal Only Desert Willow 5200000-2341001 $1,399,284 - Continuing Golf Cart Leases - Principal Only Desert Willow 5200000-2341001 $738,949 - Annual Clubhouse Improvements-Roofing and Others Golf Capital 4414195-4809200 Annual Project - Annual Course and Ground Equipment Desert Willow 5204195-4809200 Annual Project - Desert Willow 5204195-4809200 - Golf Capital 4414195-4809200 - Annual Golf Course Pump & Motor Upgrades Golf Capital 4414195-4809200 Annual Project - Clubhouse Equipment VariousAnnualPROJECT CATEGORY Annual Project Item 1i-22 CITY OF PALM DESERT CAPITAL IMPROVEMENT PROGRAM DESERT WILLOW FY 2022-23 Resolution 2022-59 FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 Year 1 Year 2 Year 3 Year 4 Year 5 Project Name Amount Amount Amount Amount Amount DESERT WILLOW New Fire Cliff - Golf Course Improvements 20,000 1,708,769 - - 40,000 New Mountain View - Golf Course Improvements 20,000 - - - 40,000 New Desert Willow Perimeter Landscape Rehabilitation Phase II 300,000 250,000 - - - New for FY22/23 Desert Willow Perimeter Landscape and Lighting 100,000 100,000 100,000 100,000 100,000 Annual Golf Cart Paths 16,500 16,996 17,504 18,030 18,570 Annual Perimeter Landscaping 250,000 260,000 270,400 281,216 292,465 Continuing Course & Ground Leases - Principal Only 74,859 300,000 290,000 250,000 - Lease ends FY 22-23, FY 24 to FY 26 are estimated Continuing Golf Cart Leases - Principal Only 112,568 200,000 200,000 190,000 - Lease ends FY 22-23. FY 24 to FY 26 are estimated Annual Clubhouse Improvements-Roofing and Others 70,000 128,950 25,000 130,000 - Annual Course and Ground Equipment 79,500 11,500 - 12,000 19,657 94,000 91,050 117,950 90,883 50,893 85,000 50,000 - 95,000 70,000 Annual Golf Course Pump & Motor Upgrades 30,000 - 225,000 - 34,778 Grants, Reimbursements, Agreements, MOU's etc. Clubhouse Equipment VariousAnnualPROJECT CATEGORYItem 1i-23 CITY OF PALM DESERT CAPITAL IMPROVEMENT PROGRAM EQUIPMENT REPLACEMENT FY 2022-23 Resolution 2022-59 PROJECT FY 21-22 COST Carryover Project Name Fund Account ESTIMATE:Amount VEHICLES Annual Vehicle Leases Equipment Replacement 5304331-4344000 Annual Project - Annual Vehicle Leases Maintenance General 1104331-4334000 Annual Project - New for FY22/23 Sand Pro Machine Equipment Replacement 5304614-4404500 $40,000 - New for FY22/23 Street Sweeper Equipment Replacement 5304310-4403000 $200,000 - TECHNOLOGY Continuing Desktop-Laptops Equipment Replacement 5304190-4404000 Annual Project - POLICE AND FIRE New Ladder Truck 33 Equipment Equipment Replacement 5304220-4403000 $40,000 40,000 New Paramedic Squad Equipment Replacement 5304220-4403000 $260,000 - New Ambulance Purchase/Remounts Equipment Replacement 5304220-4403000 $647,000 204,000 New Stryker Gurneys Equipment Replacement 5304220-4403000 $126,000 - Annual Motorcycle Replacement Police Grants 2294210-4391400 Annual Project -PROJECT CATEGORYItem 1i-24 CITY OF PALM DESERT CAPITAL IMPROVEMENT PROGRAM EQUIPMENT REPLACEMENT FY 2022-23 Resolution 2022-59 FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 Year 1 Year 2 Year 3 Year 4 Year 5 Project Name Amount Amount Amount Amount Amount VEHICLES Annual Vehicle Leases 334,000 96,000 - - - Lease end in FY 23-24 Annual Vehicle Leases Maintenance 30,000 9,000 - - - Leases end in FY 23-24 New for FY22/23 Sand Pro Machine 40,000 - - - - New for FY22/23 Street Sweeper 200,000 - - - - TECHNOLOGY Continuing Desktop-Laptops 75,000 - - - - POLICE AND FIRE - New Ladder Truck 33 Equipment - - - - - New Paramedic Squad 260,000 - - - - County is ordering and will bill City upon deliverly expected 2022-23. New Ambulance Purchase/Remounts - 208,000 - 235,000 - New Stryker Gurneys - 126,000 - - - Annual Motorcycle Replacement 33,000 34,000 35,000 36,000 - PROJECT CATEGORYGrants, Reimbursements, Agreements, MOU's etc. Item 1i-25 CITY OF PALM DESERT CAPITAL IMPROVEMENT PROJECTS PARKS AND LANSCAPING FY 2022-23 Resolution 2022-59 PROJECT FY 21-22 COST Carryover Project Name Fund Account ESTIMATE:Amount PARKS AND LANDSCAPING Continuing Palm Desert Aquatic Center Aquatic Fund 2424549-4400100 $512,000 232,101 Annual Medians CalSense / Smart Controller Irrigation Upgrades Capital Improvement Fund 4004388-4400100 Annual Project - Annual Median Landscape Rehabilitation General 1104614-4337001 Annual Project - Park 2334670-5000201 $16,000,000 1,000,000 Unfunded - Continuing Installation of Outdoor Fitness Facilities Park 2334618-4400100 $250,000 250,000 General 1104674-4400100 - General 1104618-4400100 - New for FY22/23 University Dog Park Fence Replacement General 1104618-4400100 $100,000 - New for FY22/23 Cahuilla Hills Park Shade Structure General 1104618-4400100 $100,000 - New for FY22/23 Park Playground Improvements General 1104618-4400100 Annual Project - General 1104674-4400100 - General 1104618-4400100 - New for FY22/23 Homme Adams Park New Prefabricated Restroom Trust Fund 6100000-2399100 $150,000 - New for FY22/23 Bump n Grind Trailhead New Prefabricated Restroom Capital Improvement Fund 4004618-4400100 $250,000 - Trust Fund 400000-2220000 - Capital Improvement Fund 4004614-4337001 - New for FY22/23 Palma Village Park Improvements CDBG 2204649-4400100 $312,000 - New for FY22/23 Pickleball, Tennis, and Basketball Court Resurfacing New for FY22/23 Portola Avenue Median Landscape Rehabilitation $275,000 Annual Project New for FY22/23 Park Mister Pump Replacement $55,000PROJECT CATEGORYContinuing Dinah Shore Park (North Sphere) - Future Improvements Item 1i-26 CITY OF PALM DESERT CAPITAL IMPROVEMENT PROJECTS PARKS AND LANSCAPING FY 2022-23 Resolution 2022-59 FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 Year 1 Year 2 Year 3 Year 4 Year 5 Project Name Amount Amount Amount Amount Amount PARKS AND LANDSCAPING Continuing Palm Desert Aquatic Center 271,000 390,000 475,000 135,000 150,000 In additional to the Annual Program Annual Medians CalSense / Smart Controller Irrigation Upgrades 50,000 50,000 50,000 50,000 - Annual Median Landscape Rehabilitation 100,000 100,000 100,000 100,000 - - - - - - Park to be named in the future. - 15,000,000 - - - Continuing Installation of Outdoor Fitness Facilities - - - - - 30,000 - - - - 25,000 - - - - New for FY22/23 University Dog Park Fence Replacement - 100,000 - - - New for FY22/23 Cahuilla Hills Park Shade Structure - - 100,000 - - New for FY22/23 Park Playground Improvements 75,000 75,000 75,000 75,000 75,000 30,000 30,000 - - - 45,000 45,000 75,000 75,000 75,000 New for FY22/23 Homme Adams Park New Prefabricated Restroom - 150,000 - - - New for FY22/23 Bump n Grind Trailhead New Prefabricated Restroom 250,000 - - - - 151,200 - - - - 123,800 - - - - New for FY22/23 Palma Village Park Improvements 312,000 - - - - New for FY22/23 Park Mister Pump Replacement Grants, Reimbursements, Agreements, MOU's etc.PROJECT CATEGORYContinuing Dinah Shore Park (North Sphere) - Future Improvements New for FY22/23 Pickleball, Tennis, and Basketball Court Resurfacing New for FY22/23 Portola Avenue Median Landscape Rehabilitation Item 1i-27 [This page has intentionally been left blank.] CITY OF PALM DESERT STAFF REPORT MEETING DATE: December 15, 2022 PREPARED BY: Deborah Glickman, Management Analyst REQUEST: APPROVE A CENTRAL INVENTORY OF SURPLUS LAND IN EXCESS OF FORESEEABLE NEED PURSUANT TO GOVERNMENT CODE SECTION 54230(A)(1) IN CONNECTION WITH PROPERTIES OWNED BY THE CITY OF PALM DESERT, SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY AND PALM DESERT HOUSING AUTHORITY AND DIRECT THE REPORTING OF INFORMATION REGARDING SUCH PROPERTIES TO THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PURSUANT TO GOVERNMENT CODE 54230(A)(2). RECOMMENDATION: 1. Approve the “Central Inventory” of surplus land and land in excess of foreseeable need in connection with properties owned by the City of Palm Desert, Successor Agency to the Palm Desert Redevelopment Agency and Palm Desert Housing Authority, attached hereto as Exhibit A, pursuant to Government Code Section 54230(a)(1); and 2. Authorize staff to report to the California State Department of Housing and Community Development (“HCD”) information about such properties pursuant to Government Code 54230(a)(2). BACKGROUND/ANALYSIS: The Surplus Land Act, as amended, (Government Code § 54220 et seq.) (the “Act”), requires pursuant to Government Code Section 54230(a)(1), that on or before December 31 of each year, each county and city in the state must “make a central inventory of all surplus land, as defined in Government Code Section 54221(b), and all lands in excess of its foreseeable needs, if any, identified pursuant to Government Code Section 50569, located in all urbanized areas and urban clusters within the jurisdiction of the county or city that the county or city or any of its departments, agencies, or authorities owns or controls” (the “Central Inventory”). Government Code Section 54221(b) defines “surplus land” to mean land that is owned in fee simple by a local agency for which the local agency’s governing board takes formal action in a regular public meeting declaring that the land is surplus and not necessary for the agency’s use. Land shall be declared either “surplus land” or “exempt surplus land,” as supported by written findings, before a local agency may take any action to dispose of it consistent with an agency’s policies or procedures. Surplus land must be made publicly available for purchase or lease through an HCD prescribed process, which includes distribution of a Notice of Availability (“NOA”) to a list of housing developers prepared and updated regularly by HCD and designated public entities. The disposition of exempt surplus land is not subject to the HCD prescribed Item 1J-1 City of Palm Desert 2022 Central Inventory Page 2 of 3 process under the Act. The Central Inventory does not provide for the disposition of any property, and Staff will return to the City Council, Housing Authority, or Successor Agency, as appliable, at future meetings to address the disposition of individual properties as appropriate. Pursuant to Government Code Section 54230(a)(2), each county and city shall make a description of each parcel described in Government Code Section 54230(a)(1) a matter of public record and shall report this information to HCD no later than April 1st of each year in a form prescribed by HCD (Table H), as part of its annual progress report submitted pursuant to Government Code Section 65400(a)(2). Each county and city shall provide the Central Inventory without charge, to those who request it. According to the Act, the City of Palm Desert (“City”) Central Inventory shall provide a description of each property that includes the following: • Street address or similar location information • Assessor’s parcel number • Existing use • Number of units • Whether the property is surplus land, exempt surplus land, or in excess of Palm Desert’s foreseeable need • Size in acres The information in the Central Inventory is to be used to complete Table H, which is the form prescribed by HCD for inclusion in the City’s annual progress report submitted pursuant to Government Code Section 65400(a)(2). The purpose of this request is to provide the City Council with the current Central Inventory, included hereto as Exhibit A, “City of Palm Desert Central Inventory”, pursuant to Government Code 54230(a)(1), for approval in accordance with the Act. The City of Palm Desert Central Inventory will serve as the central inventory for the City, Successor Agency to the Palm Desert Redevelopment Agency (“SARDA”), and Palm Desert Housing Authority (“Housing Authority”) properties. Concurrently, staff is seeking authorization to report this information to HCD in Table H pursuant to Government Code 54230(a)(2). Properties remain on the Central Inventory until disposed of or deemed to be exempt for public purposes. Since the approval of the last Central Inventory on March 24, 2022, two (2) properties are in the process of being sold. • Monterey Crossing “Triangle Site” • 45656 Mountain View At this same meeting, staff is bringing forward the Alessandro Alley and Wallaroo Center properties for approval to release a Notice of Availability to sell them. Staff recommends approval of this recommendation and related actions. Item 1J-2 City of Palm Desert 2022 Central Inventory Page 3 of 3 FINANCIAL IMPACT: There is no fiscal impact associated with approval of the Central Inventory. When the sale of these properties occurs, professional real estate transaction services including a title review, appraisal, and escrow will be required. Funds are available for these purposes and are allocated to the Economic Development Department’s professional services fund. REVIEWED BY: Department Director: Eric Ceja City Attorney: Robert Hargreaves Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1.2022 City of Palm Desert Central Inventory 2.Map of Central Inventory Properties Item 1J-3 Item 1J-4 PALM DESERT CENTRAL INVENTORY March 24, 2022 December 2022 - City of Palm Desert Central Inventory Common Name Designation Address (Apprximate or Actual)APN Owner Acre Sf Current Use Joslyn Center Excess of foreseeable needs 44215 San Pascual Avenue 627102017 City 0.65 28314 Vacant Total 0.65 28314 Desert Willow Lot Pad A Excess of foreseeable needs East side of Desert Willow Drive, North of Country Club Drive 620400025 SARDA 14.46 629877 Vacant Total 14.46 629877 Desert Willow Lot Pad C Excess of foreseeable needs Northeast Corner of Desert Willow Drive and Country Club Drive 620450012 SARDA 16.91 736600 Vacant Excess of foreseeable needs Northeast Corner of Desert Willow Drive and Country Club Drive 620450013 SARDA 1.37 59677 Vacant Excess of foreseeable needs East side of Desert Willow Drive, North of Country Club Drive 620450014 SARDA 0.45 19602 Vacant Excess of foreseeable needs Northeast Corner of Desert Willow Drive and Country Club Drive 620450015 City 0.04 1742 Vacant Total 18.77 817621 Desert Willow Lot Pad D Excess of foreseeable needs East side of Desert Willow Drive, North of Country Club Drive 620450017 SARDA 0.19 8276 Vacant Excess of foreseeable needs Northeast corner of Desert Willow Drive and Country Club Drive 620450018 SARDA 0.67 29185 Vacant Excess of foreseeable needs Northeast corner of Desert Willow Drive and Country Club Drive 620450020 SARDA 13.67 595465 Vacant Total 14.53 632926 Excess of foreseeable needs Northeast corner of Portola and Frank Sinatra Drive (Formerly APN 694190005)694580018 SARDA 5.00 217800 Vacant Excess of foreseeable needs Northeast corner of Portola and Frank Sinatra Drive (Formerly APN 694190007)694580019 SARDA 8.54 372002 Vacant Excess of foreseeable needs Northeast corner of Portola and Frank Sinatra Drive (Formerly APN 694190014)694580020 SARDA 5.03 219107 Vacant Excess of foreseeable needs Northeast corner of Portola and Frank Sinatra Drive (Formerly APN 694190013)694580021 SARDA 2.55 111078 Vacant Excess of foreseeable needs Northeast corner of Portola and Frank Sinatra Drive (Formerly APN 694190006)694580022 SARDA 0.02 871 Vacant Excess of foreseeable needs Northeast corner of Portola and Frank Sinatra Drive (Formerly APN 694190016)694580023 SARDA 0.21 9148 Vacant Excess of foreseeable needs Northeast corner of Portola and Frank Sinatra Drive 694200003 SARDA 4.89 213008 Vacant Excess of foreseeable needs Northeast corner of Portola and Frank Sinatra Drive 694200004 SARDA 7.90 344124 Vacant Excess of foreseeable needs Northeast corner of Portola and Frank Sinatra Drive 694200006 SARDA 0.05 2178 Vacant Excess of foreseeable needs Northeast corner of Portola and Frank Sinatra Drive 694200007 SARDA 8.81 383764 Vacant Excess of foreseeable needs Northeast corner of Portola and Frank Sinatra Drive 694200011 SARDA 81.50 3550140 Vacant Excess of foreseeable needs Northeast corner of Portola and Frank Sinatra Drive 694200012 SARDA 2.20 95832 Vacant Excess of foreseeable needs Northeast corner of Portola and Frank Sinatra Drive 694200022 SARDA 42.85 1866546 Vacant Total 169.55 7,385,598 Portola Excess of foreseeable needs 45653 Portola Avenue 627351010 City 0.23 10019 Vacant House Excess of foreseeable needs West side of Portola Avenue north of El Cortez Way 627164012 City 0.43 18731 Vacant Total 0.23 28750 Fred Waring Drive/San Pablo Avenue Excess of foreseeable needs Southeast corner of Fred Waring Drive and San Pablo Avenue 627101002 City 0.35 25346 Vacant "170 Acre Site" - Sell as one property Page 1 of 2 12/7/20221:58 PM Item 1J-5 PALM DESERT CENTRAL INVENTORY March 24, 2022 Common Name Designation Address (Apprximate or Actual)APN Owner Acre Sf Current Use Excess of foreseeable needs Southeast corner of Fred Waring Drive and San Pablo Avenue 627101017 City 0.2 8712 Vacant Excess of foreseeable needs Southeast corner of Fred Waring Drive and San Pablo Avenue 627101033 City 0.25 10890 Vacant Excess of foreseeable needs Southeast corner of Fred Waring Drive and San Pablo Avenue 627101061 City 0.46 20028 Vacant Excess of foreseeable needs Southeast corner of Fred Waring Drive and San Pablo Avenue 6271010062 City 0.17 7405 Vacant Excess of foreseeable needs Southeast corner of Fred Waring Drive and San Pablo Avenue Right of Way City 0.11 4792 Vacant Total 1.54 77173 Haystack Excess of foreseeable needs Haystack Drive 630250022 City 1.9 82764 Vacant Total 1.9 82764 Ocotillo Site Excess of foreseeable needs 45330 Ocotillo Drive 627232005 City 0.53 23156 Vacant Total 0.53 23,156 Entrada Del Paseo Excess of foreseeable needs Next to 72559 Highway 111 640370018 City 2.01 85365 Vacant Excess of foreseeable needs Next to 72559 Highway 111 640370016 City 0.68 23823 Vacant Total 2.69 109,188 Total City 4.68 216853 Total SARDA 219.17 9547044 Page 2 of 2 12/7/20221:58 PM Item 1J-6 CITY OF PALM DESERT SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY STAFF REPORT MEETING DATE: December 15, 2022 PREPARED BY: Deborah Glickman, Management Analyst REQUEST: ADOPT A RESOLUTION DECLARING THREE (3) CITY OF PALM DESERT OWNED PROPERTIES AND A RESOLUTION DECLARING FOUR (4) PALM DESERT SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OWNED PROPERTIES LOCATED ON ALESSANDRO DRIVE, SAN ANTONIO CIRCLE, AND SAN CLEMENTE CIRCLE SURPLUS LAND AND AUTHORIZING STAFF TO RELEASE A NOTICE OF AVAILABILITY FOR THE SALE OF THE SEVEN (7) PROPERTIES. RECOMMENDATION: 1.Adopt a Resolution declaring City of Palm Desert owned properties located at Alessandro Drive (APN 627-071-065), 44845 San Clemente Circle (APN 627-071-070), and 44889 San Clemente Circle (APN 627-071-071) surplus for the purposes of the Surplus Land Act. 2.Adopt a Resolution declaring Palm Desert Successor Agency to the Redevelopment Agency properties located at 44870 San Antonio Circle (APN 627-071-067), 44850 San Antonio Circle (APN 627-071-068), 44887 San Antonio Circle (APN 627-071-069), San Clemente Circle (APN 627-074-014) surplus for the purposes of the Surplus Land Act. 3.Authorize staff to release a Notice of Availability for the sale of the seven (7) properties. BACKGROUND/ANALYSIS: At its meeting on March 24, 2022, the City Council and Successor Agency to the Palm Desert Redevelopment Agency (SARDA) Board approved a “Central Inventory” of City and SARDA owned properties. This inventory was developed to comply with the Surplus Land Act (SLA), which requires that an inventory must be approved and submitted annually to the State of California Department of Housing and Community Development (HCD) pursuant to Government Code Section 54230(a)(2). Subsequently, at its meeting on June 9, 2022, the City Council and SARDA Board approved prioritizing the disposition of ten (10) properties owned by the City and SARDA, seven (7) of which are along San Clemente Circle, Alessandro Alley, and Cabrillo Avenue. The December 2022 Central Inventory will come before the City Council at today’s meeting. Item 1K-1 SARDA Resolution for Disposition of Properties – San Antonio Circle and San Clemente Circle Page 2 of 4 In order to dispose of these properties, the City and SARDA must first go through the formal process of declaring the properties surplus, consistent with the Surplus Land Act (SLA). The proposed action would satisfy this requirement with respect to the properties identified above. Once the attached Resolutions are approved, Notices of Availability (NOA) will be sent to designated entities who will have sixty (60) days to notify the City and SARDA of their interest in acquiring the properties. If any interest is expressed in accordance with the requirements of the SLA, the City and SARDA are required to engage in good faith negotiations for a period of not less than ninety (90) days in an attempt to reach a sales price and terms. Following these steps, the City and SARDA must provide the California Department of Housing and Community Development (HCD) with a notification detailing the Notice of Availability/negotiation process. HCD will have thirty (30) days to review this process for compliance with the SLA. At the end of the thirty (30) day period, the City and SARDA may sell the properties. If the City and SARDA do not agree to price and terms with any of the designated entities, or if no designated entity responded to the NOA, the City may dispose of the properties outside of the SLA. The SLA process as noted above does not authorize the disposition of the properties. Staff is required to return to the City Council for approval to sell. If there is no interest in the properties, or if good faith negotiations are not successful, the City will have satisfied its SLA requirements, subject to review by HCD, and will be able to sell the properties on the open market. Project Description: In accordance with the high priority set by the City Council at its June 9, 2022, meeting, staff is seeking approval to initiate the disposition of the seven (7) properties known together as the Alessandro Alley as one 1.87-acre unit. The properties will be sold at market value pursuant to the SLA process. Details on the City and SARDA properties are below. Property Address APN Size (acres) Zoning Property Description General Plan Designation City Properties Alessandro Alley 627-071-065 0.16 Downtown Edge Transition Overlay Vacant Conventional Suburban Neighborhood *44845 San Clemente Circle 627-071-070 0.38 Downtown Edge Transition Overlay Vacant House Conventional Suburban Neighborhood *44889 San Clemente Circle 627-071-071 0.14 Downtown Edge Transition Overlay Vacant Conventional Suburban Neighborhood Total Acres City 0.68 SARDA Properties 44870 San Antonio Circle 627-071-067 0.25 Downtown Edge Transition Overlay Vacant Conventional Suburban Neighborhood 44850 San Antonio Circle 627-071-068 0.38 Downtown Edge Transition Overlay Vacant Conventional Suburban Neighborhood Item 1K-2 SARDA Resolution for Disposition of Properties – San Antonio Circle and San Clemente Circle Page 3 of 4 44887 San Antonio Circle 627-071-069 0.14 Downtown Edge Transition Overlay Vacant Conventional Suburban Neighborhood San Clemente Circle 627-074-014 0.42 Downtown Edge Transition Overlay Vacant Conventional Suburban Neighborhood Total Acres SARDA 1.19 Total Acres City/SARDA 1.87 * APNs 627-071-070 and 627-071-071 were previously owned by SARDA and listed on the Department of Finance approved SARDA Long Range Property Management Plan (LRPMP). After the approval of the LRPMP, both properties were transferred to the City of Palm Desert. To start the sales process for these properties, the City Council and SARDA are required by the SLA to declare that the properties are not necessary for the City and SARDA’s use and are surplus land. The Resolutions contain these declarations, and once the Resolutions are approved, staff will circulate the Notice of Availability to the entities specified in the SLA. Additionally, the NOA will be posted on the City’s website. The SLA allows for the properties to be sold at fair market value and does not require the City and SARDA to change the properties’ zoning designation. Proceeds from the sale allocable to the City properties will be retained by the City and placed in a reserve fund for Economic Development incentives. Proceeds from the sale allocable to the SARDA properties will be distributed to the appropriate taxing agencies as required by the State. These properties have been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”). City staff has determined that the designation of these properties as surplus does not have the potential for creating a significant effect on the environment and are therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3) because it is not a project as defined by the CEQA Guidelines Section 15378. When the properties are sold to a purchaser and that purchaser proposes a use for the properties that requires a discretionary permit and CEQA review, that future use and project will be analyzed at the appropriate time in accordance with CEQA. A map and aerial view of the properties are attached to this staff report. FINANCIAL IMPACT: The sale of these properties will require professional real estate transaction services including a title review, appraisal, and escrow. Funds are available for these purposes and are allocated to the Economic Development Department’s professional services fund. REVIEWED BY: Department Director: Eric Ceja City Attorney: Robert Hargreaves Item 1K-3 SARDA Resolution for Disposition of Properties – San Antonio Circle and San Clemente Circle Page 4 of 4 Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1. City of Palm Desert Properties Resolution 2. Map of properties 3. SARDA Properties Resolution Item 1K-4 RESOLUTION NO. 2022- __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT DECLARING PURSUANT TO GOVERNMENT CODE SECTION 54221 THAT CERTAIN REAL PROPERTIES OWNED BY THE CITY LOCATED AT ALESSANDRO ALLEY (APN 627-071-065), 44845 SAN CLEMENTE CIRCLE (APN 627-071-070), AND 44889 SAN CLEMENTE CIRCLE (APN 627-071-071) ARE SURPLUS LAND AND NOT NECESSARY FOR THE CITY’S USE, FINDING THAT SUCH DECLARATION IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND TAKING RELATED ACTIONS. WHEREAS, the City of Palm Desert (“City”) is the owner in fee simple of those certain real properties located at Alessandro Drive, 44845 San Clemente Circle, and 44889 San Clemente Circle in the City of Palm Desert (“Properties”); and WHEREAS, under the Surplus Land Act, Government Code Sections 54220- 54234 (“Act”), surplus land is land owned in fee simple by the City for which the City Council takes formal action in a regular public meeting declaring the land is surplus land and not necessary for the City’s use. The land must be declared either surplus or exempt surplus land; and WHEREAS, under the Act, land is necessary for the City’s use if the land is being used, or is planned to be used pursuant to a written plan adopted by the City Council for City work or operations; and WHEREAS, the Properties, two of the parcels are vacant and one of which is vacant with a single-family home, are not being used for City work or operations and City staff has evaluated the Properties for its potential to be used for City work or operations; and WHEREAS, City staff has determined that the Properties are not suitable for the City’s use; and WHEREAS, the City Council desires to declare that the Properties are surplus land and not necessary for the City’s use; WHEREAS, the Act requires that before the City Council disposes of the Properties or engages in negotiations to dispose of the Properties, the City shall send a written notice of availability of the Properties to certain designated entities in accordance with the Act; and NOW, THEREFORE, the City Council hereby resolves as follows: SECTION 1. The above recitals are true and correct and are a substantive part of this Resolution. Item 1K-5 Resolution No. 2022-____ Page 2 -2- P6401-0001\2685696v1.doc SECTION 2. The City Council hereby declares that the Properties is surplus land and not necessary for the City’s use within the meaning of the Act. The basis for this declaration is that due to the size, location, and development on the Properties, the site is not feasible for the City’s use. SECTION 3. The City Clerk is hereby directed to send a notice of availability of the Properties for sale, to the entities designated in Government Code Section 54222 (“Designated Entities”) by electronic mail or by certified mail. SECTION 4. This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”). City staff has determined that the designation of the Properties as surplus land does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3) because it is not a project as defined by the CEQA Guidelines Section 15378. Adoption of the Resolution does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. If and when the Properties are sold to a purchaser and that purchaser proposes a use for these Properties that requires a discretionary permit and CEQA review, that future use and project will be analyzed at the appropriate time in accordance with CEQA. SECTION 5. The City Clerk is directed to file a Notice of Exemption pursuant to CEQA Guidelines Section 15062. SECTION 6. The officers and staff of the City are hereby authorized, jointly and severally, to do all things which they may deem necessary or proper to effectuate the purposes of the Resolution, and any such actions previously taken are hereby ratified and confirmed. Such actions include negotiating in good faith in accordance with the requirements of the Act with any of the Designated Entities that submit a written notice of interest to purchase the Properties in compliance with the Act. ADOPTED ON ________________, 20__. JAN C. HARNIK MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK Item 1K-6 Resolution No. 2022-____ Page 2 -3- P6401-0001\2685696v1.doc Item 1K-7 Resolution No. 2022-____ Page 2 -4- P6401-0001\2685696v1.doc 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 1K-8 Item 1K-9 RESOLUTION NO. 2022-____ RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY DECLARING PURSUANT TO GOVERNMENT CODE SECTION 54221 THAT CERTAIN REAL PROPERTIES OWNED BY THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY LOCATED AT 44870 SAN ANTONIO CIRCLE (APN 627-071-067), 44850 SAN ANTONIO CIRCLE (APN 627-071-068), 44887 SAN ANTONIO CIRCLE (APN 627-071-069), AND SAN CLEMENTE CIRCLE (APN 627- 071-069), ARE SURPLUS LAND AND NOT NECESSARY FOR THE AGENCY’S USE, FINDING THAT SUCH DECLARATION IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND TAKING RELATED ACTIONS. WHEREAS, the Successor Agency to the Palm Desert Redevelopment Agency (“SARDA”) is the owner in fee simple of those certain real properties located at 44870 San Antonio Circle (APN 627-071-067), 44850 San Antonio Circle (APN 627-071-068), 44887 San Antonio Circle (APN 627-071-069), San Clemente Circle (APN 627-074-014) (“Properties”); and WHEREAS, under the Surplus Land Act, Government Code Sections 54220- 54234 (“Act”), surplus land is land owned in fee simple by SARDA for which the SARDA Board takes formal action in a regular public meeting declaring the land is surplus land and not necessary for SARDA’s use. The land must be declared either surplus or exempt surplus land; and WHEREAS, under the Act, land is necessary for SARDA’s use if the land is being used, or is planned to be used pursuant to a written plan adopted by the SARDA Board for SARDA work or operations; and WHEREAS, the Properties, which are vacant, are not being used for SARDA work or operations and SARDA staff has evaluated the Properties for its potential to be used for SARDA work or operations; and WHEREAS, SARDA staff has determined that the Properties are not suitable for SARDA’s use; and WHEREAS, the SARDA Board desires to declare that the Properties are surplus land and not necessary for SARDA’s use; WHEREAS, the Act requires that before the SARDA Board disposes of the Properties or engages in negotiations to dispose of the Properties, SARDA shall send a written notice of availability of the Properties to certain designated entities in accordance with the Act; and Item 1K-10 Resolution 2022- -2- P6401-0001\2685696v1.doc NOW, THEREFORE, the SARDA Board hereby resolves as follows: SECTION 1. The above recitals are true and correct and are a substantive part of this Resolution. SECTION 2. The SARDA Board hereby declares that the Properties are surplus land and not necessary for SARDA’s use within the meaning of the Act. The basis for this declaration is that due to the size, location, and development on the Properties, the site is not feasible for SARDA’s use. SECTION 3. The City Clerk is hereby directed to send a notice of availability of the Properties for sale, to the entities designated in Government Code Section 54222 (“Designated Entities”) by electronic mail or by certified mail. SECTION 4. This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”). SARDA staff has determined that the designation of the Properties as surplus land does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3) because it is not a project as defined by the CEQA Guidelines Section 15378. Adoption of the Resolution does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. If and when the Properties are sold to a purchaser and that purchaser proposes a use for these Properties that requires a discretionary permit and CEQA review, that future use and project will be analyzed at the appropriate time in accordance with CEQA. SECTION 5. The City Clerk is directed to file a Notice of Exemption pursuant to CEQA Guidelines Section 15062. SECTION 6. The officers and staff of SARDA are hereby authorized, jointly and severally, to do all things which they may deem necessary or proper to effectuate the purposes of the Resolution, and any such actions previously taken are hereby ratified and confirmed. Such actions include negotiating in good faith in accordance with the requirements of the Act with any of the Designated Entities that submit a written notice of interest to purchase the Properties in compliance with the Act. ADOPTED ON ________________, 20__. JAN C. HARNIK MAYOR Item 1K-11 Resolution 2022- -3- P6401-0001\2685696v1.doc ATTEST: ANTHONY J. MEJIA CITY CLERK Item 1K-12 Resolution 2022- -4- P6401-0001\2685696v1.doc 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 1K-13 [This page has intentionally been left blank.] CITY OF PALM DESERT STAFF REPORT MEETING DATE: December 15, 2022 PREPARED BY: Deborah Glickman, Management Analyst REQUEST: ADOPT A RESOLUTION DECLARING CITY OF PALM DESERT OWNED PROPERTIES LOCATED AT 44911 CABRILLO AVENUE (APN 625-082- 022 AND APN 625-082-023) SURPLUS LAND AND AUTHORIZING STAFF TO RELEASE A NOTICE OF AVAILABILITY FOR THE SALE OF THE PROPERTIES. RECOMMENDATION: 1.Adopt a Resolution declaring City of Palm Desert properties located at 44911 Cabrillo Avenue (APN 625-082-022) and 44911 Cabrillo Avenue (APN 625-082-023) 2.Authorize staff to release a Notice of Availability for the sale of the properties. BACKGROUND/ANALYSIS: At its meeting on March 24, 2022, the City Council approved a “Central Inventory” of City and SARDA-owned properties. This inventory was developed to comply with the Surplus Land Act (SLA), which requires that an inventory must be approved and submitted annually to the State of California Department of Housing and Community Development (HCD) pursuant to Government Code Section 54230(a)(2). Subsequently, at its meeting on June 9, 2022, the City Council approved prioritizing the disposition of ten (10) properties owned by the City and the Successor Agency to the Palm Desert Redevelopment Agency (SARDA) along San Clemente Circle, Alessandro Alley, and Cabrillo Avenue (Wallaroo Center). The December 2022 Central Inventory will come before the City Council at today’s meeting. In order to dispose of these properties, unless any of the properties are exempt surplus land, the City must first go through the formal process of declaring the properties surplus, consistent with the Surplus Land Act (SLA). The proposed action would satisfy this requirement with respect to the properties identified above. Once the attached Resolution is approved, a Notice of Availability (NOA) will be sent to designated entities who will have sixty (60) days to notify the City of their interest in acquiring the properties. If any interest is expressed in accordance with the requirements of the SLA, the City is required to engage in good faith negotiations for a period of not less than ninety (90) days in an attempt to reach a sales price and terms. Following these steps, the City must provide the California Department of Housing and Community Development (HCD) with a notification detailing the Notice of Availability/negotiation process. HCD will have thirty (30) days to review this process for compliance with the SLA. At the end of the thirty (30) day period, the City may sell the properties. If the City does not agree to price and terms with Item 1L-1 any of the designated entities, or if no designated entity responded to the NOA, the City may dispose of the properties outside of the SLA. The SLA process as noted above does not authorize the disposition of the properties. Staff is required to return to the City Council for approval to sell. If there is no interest in the properties, or if good faith negotiations are not successful, the City will have satisfied its SLA requirements, subject to review by HCD, and will be able to sell the properties on the open market. Project Description: In accordance with the high priority set by the City Council at its June 9, 2022, meeting, staff is seeking approval to initiate the disposition of the two (2) properties as one .49-acre unit known together as the Wallaroo Center. The properties will be sold at market value pursuant to the SLA process. Details on the properties are below. Property Address APN Size (acres) Zoning Property Description General Plan Designation City Properties 44911 Cabrillo Ave. 625-082-022 0.16 Downtown Edge Transition Overlay Vacant Conventional Suburban Neighborhood 44911 Cabrillo Ave. 625-082-023 0.38 Downtown Edge Transition Overlay Vacant House Conventional Suburban Neighborhood Total Acres 0.49 To start the sales process, the City Council is required by the SLA to declare that the properties are not necessary for the City’s use and are surplus land. The Resolution contains these declarations. Once the Resolution is approved, staff will circulate the NOA to the entities specified in the SLA. Additionally, the NOA will be posted on the City’s website. The SLA allows for the properties to be sold at fair market value and does not require the City to change the properties’ zoning designation. Proceeds from the sale of the properties will be retained by the City and placed in a reserve fund for Economic Development incentives. These properties have been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”). City staff has determined that the designation of these properties as surplus does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3) because it is not a project as defined by the CEQA Guidelines Section 15378. When the properties are sold to a purchaser and that purchaser proposes a use for the properties that requires a discretionary permit and CEQA review, that future use and project will be analyzed at the appropriate time in accordance with CEQA. Item 1L-2 A map and aerial view of the properties are attached to this staff report. FINANCIAL IMPACT: The sale of the properties will require professional real estate transaction services including a title review, appraisal, and escrow. Funds are available for these purposes and are allocated to the Economic Development Department’s professional services fund. REVIEWED BY: Department Director: Eric Ceja City Attorney: Robert Hargreaves Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1. Resolution 2.Map view of properties Item 1L-3 RESOLUTION NO. 2022-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING PURSUANT TO GOVERNMENT CODE SECTION 54221 THAT CERTAIN REAL PROPERTIES OWNED BY THE CITY LOCATED AT 44911 CABRILLO AVENUE (APN 625-082- 022 AND 44911 CABRILLO AVENUE (APN 625-082-023) ARE SURPLUS LAND AND NOT NECESSARY FOR THE CITY’S USE, FINDING THAT SUCH DECLARATION IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND TAKING RELATED ACTIONS. WHEREAS, the City of Palm Desert (“City”) is the owner in fee simple of those certain real properties located at 44911 Cabrilllo Avenue (APN 625-082-022) and 44911 Cabrillo Avenue (APN 625-082-023) in the City of Palm Desert (“Properties”); and WHEREAS, under the Surplus Land Act, Government Code Sections 54220- 54234 (“Act”), surplus land is land owned in fee simple by the City for which the City Council takes formal action in a regular public meeting declaring the land is surplus land and not necessary for the City’s use. The land must be declared either surplus or exempt surplus land; and WHEREAS, under the Act, land is necessary for the City’s use if the land is being used, or is planned to be used pursuant to a written plan adopted by the City Council for City work or operations; and WHEREAS, the Properties, both of which are vacant with a structure on them, are not being used for City work or operations and City staff has evaluated the Properties for its potential to be used for City work or operations; and WHEREAS, City staff has determined that the Properties are not suitable for the City’s use; and WHEREAS, the City Council desires to declare that the Properties are surplus land and not necessary for the City’s use; WHEREAS, the Act requires that before the City Council disposes of the Properties or engages in negotiations to dispose of the Properties, the City shall send a written notice of availability of the Properties to certain designated entities in accordance with the Act; and Item 1L-4 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: SECTION 1. The above recitals are true and correct and are a substantive part of this Resolution. SECTION 2. The City Council hereby declares that the Properties are surplus land and not necessary for the City’s use within the meaning of the Act. The basis for this declaration is that due to the size, location, and development on the Properties, the site is not feasible for the City’s use. SECTION 3. The City Clerk is hereby directed to send a notice of availability of the Properties for sale, to the entities designated in Government Code Section 54222 (“Designated Entities”) by electronic mail or by certified mail. SECTION 4. This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”). City staff has determined that the designation of the Properties as surplus land does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3) because it is not a project as defined by the CEQA Guidelines Section 15378. Adoption of the Resolution does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. If and when the Properties are sold to a purchaser and that purchaser proposes a use for these Properties that requires a discretionary permit and CEQA review, that future use and project will be analyzed at the appropriate time in accordance with CEQA. SECTION 5. The City Clerk is directed to file a Notice of Exemption pursuant to CEQA Guidelines Section 15062. SECTION 6. The officers and staff of the City are hereby authorized, jointly and severally, to do all things which they may deem necessary or proper to effectuate the purposes of the Resolution, and any such actions previously taken are hereby ratified and confirmed. Such actions include negotiating in good faith in accordance with the requirements of the Act with any of the Designated Entities that submit a written notice of interest to purchase the Properties in compliance with the Act. ADOPTED ON ________________, 20__. JAN C. HARNIK MAYOR ATTEST: Item 1L-5 ANTHONY J. MEJIA CITY CLERK Item 1L-6 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 1L-7 EL PASEOPALM DESERT D R NCABRILLO AVEALLEY ALESSANDRO DR PALM DESERT DR S SAN MARINO WAY PALM DESERT DR N CABRILLO AVEALESSANDRO DR HWY 111 HWY 111 Date: 2022 I VICINITY MAP Wallaroo Properties 44911 Cabrillo Avenue APN 625-082-022 44911 Cabrillo Avenue APN 625-082-023 Item 1L-8 CITY OF PALM DESERT STAFF REPORT MEETING DATE: December 15, 2022 PREPARED BY: Jessica Gonzales, Housing Manager REQUEST: APPROVE A HOUSING AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND PALM DESERT UNIVERSITY GATEWAY, LLC, FOR THE MILLENIUM APARTMENT PROJECT LOCATED AT 74699 TECHNOLOGY DRIVE, PALM DESERT. RECOMMENDATION: 1. Approve the Housing Agreement presented to the City Council at this meeting, by and between the City of Palm Desert and Palm Desert University Gateway, LLC (“University Gateway”), in accordance with the conditions of approval of the development of 330 units known as Millennium Apartments, a multifamily rental housing project located at located at 74699 Technology Drive, Palm Desert, California (the “Project”). 2. Authorize the City Manager or his designee to finalize the Housing Agreement, and the documents described in the Agreement or otherwise deemed necessary or proper to effectuate the Housing Agreement and conditions of approval, with such changes thereto as the City Manager or his designee, in consultation with the City’s legal counsel, may deem appropriate or necessary and consistent with the purposes of the Housing Agreement and conditions of approval, with such approval to be conclusively evidenced by the execution and delivery thereof. 3. Authorize the Mayor and/or City Manager to execute and deliver, for and in the name of the City, the Housing Agreement and other documents, as described in Recommendation No. 2, and authorize the City Clerk to record the Housing agreement. BACKGROUND/ANALYSIS: On March 26, 2015, the City Council adopted Ordinance No. 1281 approving the Millennium Specific Plan (MSP) and Development Agreement (DA) 14-332. The MSP establishes nine (9) mixed-use planning areas/parcels. The condition of approval for the MSP included a requirement for 20% of future units within Planning Area 7, the Project site, to be restricted for affordable housing. The apartment project known as Millennium Apartments (the “Project”) was approved on March 15, 2022, by the Planning Commission by adoption of Resolution No. 2809. As part of the Project’s approval, the developer is required to enter into a Housing Agreement in order to effectuate the condition for the developer to restrict twenty percent (20%) of the units to very low, lower and moderate-income households at affordable rents. Without this agreement in place, the developer cannot obtain building permits. Item 1M-1 The Project is now owned by Palm Desert University Gateway, LLC and the condition set forth in Ordinance No. 1281 runs with the land. University Gateway has agreed to restrict 20% of the units to be affordable as required by the condition of approval. The Project will include 330 total rental units. University Gateway has agreed to make 66 of the rental units continuously available to and occupied by, or held vacant for occupancy by, households with incomes not exceeding 120% of the area median income (“AMI”) in Riverside County (22 rental units for very low-income households, 22 rental units for lower income households and 22 rental units for moderate-income households) at affordable rents. The affordable rental units will be comprised of units with the following number of bedrooms: Bedroom Size Very Low-Income Household Affordable Units Low Income Household Affordable Units Moderate Income Household Affordable Units Studio 1 1 0 One 10 9 9 Two 9 10 10 Three 2 2 3 Total 22 22 22 The affordable units will be restricted for 55 years, commencing upon the issuance of a final Certificate of Occupancy for the Project. Staff recommends approval of the Housing Agreement in accordance with the requirement of the affordable housing condition of approval pursuant to City Council Ordinance No. 1281 and Planning Commission Resolution No. 2809. California Environmental Quality Act (CEQA) The development conforms to the City of Palm Desert General Plan Land Use Designation of Town Center Neighborhood, which allows for a maximum residential density of 40 dwelling units (du) per acre. The development also conforms to the applicable zoning development standards established by the Millennium Specific Plan. For the purposes of CEQA, the project has been deemed to be consistent with the General Plan and Zoning; therefore, no further environmental review is required under State CEQA Guidelines Section 15183. Strategic Plan: One of the priorities of the City of Palm Desert’s (“City”) Envision Palm Desert Strategic Plan, as part of Land, Use, Housing and Open Space, is to facilitate development of high- quality housing for people of all income levels. This request meets that objective by diversifying the City’s housing stock for moderate and lower income households. FINANCIAL IMPACT: There is no fiscal impact on the City resulting from the approval of the Housing Agreement. Item 1M-2 REVIEWED BY: Department Director: Eric Ceja Special Counsel to the City: Jim G. Grayson, Richards, Watson, & Greshon Law Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo Executive Director: Todd Hileman ATTACHMENTS: 1. Draft Housing Agreement for Millennium Apartments. 2. Millennium Apartments Power Point Presentation. Item 1M-3 RECORDING REQUESTED BY, AND WHEN RECORDED RETURN TO: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 Attn: _________________ SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY This Document is recorded for the benefit of the City of Palm Desert and is exempt from recording fees pursuant to Sections 6103, 27383 and 27388.1 of the California Government Code. HOUSING AGREEMENT By and Between THE CITY OF PALM DESERT And PALM DESERT UNIVERSITY GATEWAY, LLC DATED AS OF DECEMBER 15, 2022 Item 1M-4 ARTICLE 1. DEFINITIONS AND INTERPRETATION ......................................................... 1 1.1 Definitions................................................................................................. 1 1.2 Rules of Construction ............................................................................... 3 ARTICLE 2. ONGOING APARTMENT COMMUNITY OBLIGATIONS ............................ 3 2.1 Apartment Community and Affordable Units .......................................... 3 2.2 Residential Rental Property ...................................................................... 4 2.3 Very Low, Low and Moderate Income Households ................................. 4 2.4 Affordable Rent ........................................................................................ 5 2.5 Rent Increases ........................................................................................... 5 2.6 Income Recertification of Affordable Units ............................................. 5 2.7 Lease or Occupancy Agreement ............................................................... 6 2.8 Security Deposits ...................................................................................... 6 2.9 Additional Information ............................................................................. 6 2.10 Specific Performance ................................................................................ 7 2.11 Audit ......................................................................................................... 7 2.12 Management .............................................................................................. 7 2.13 Binding for Term ...................................................................................... 7 ARTICLE 3. TERM AND RECORDATION ............................................................................ 7 3.1 Term of Agreement ................................................................................... 7 3.2 Agreement to Record ................................................................................ 7 3.3 Early Termination of Restrictions ............................................................. 8 ARTICLE 4. DEFAULT ............................................................................................................ 8 4.1 An Event of Default .................................................................................. 8 4.2 City’s Option to Lease .............................................................................. 9 Item 1M-5 4.3 City Remedies ........................................................................................... 9 4.4 Action at Law ............................................................................................ 9 ARTICLE 5. GENERAL PROVISIONS ................................................................................. 10 5.1 Limitations on Recourse ......................................................................... 10 5.2 Maintenance, Repair, Alterations ........................................................... 10 5.3 Notice ...................................................................................................... 10 5.4 Relationship of Parties ............................................................................ 11 5.5 No Claims ............................................................................................... 11 5.6 Conflict of Interests................................................................................. 11 5.7 Non-Liability of City Officials, Employees and Agents ........................ 11 5.8 Unavoidable Delay.................................................................................. 11 5.9 Indemnity ................................................................................................ 12 5.10 Rights and Remedies Cumulative ........................................................... 12 5.11 Applicable Law ....................................................................................... 12 5.12 Severability ............................................................................................. 12 5.13 Legal Actions .......................................................................................... 12 5.14 Binding Upon Successors ....................................................................... 13 5.15 Time of the Essence ................................................................................ 13 5.16 Approval by the City ............................................................................... 13 5.17 Complete Understanding of the Parties .................................................. 13 5.18 Covenants to Run With the Land ............................................................ 13 5.19 Burden and Benefit ................................................................................. 13 5.20 Counterparts ............................................................................................ 14 5.21 Amendments ........................................................................................... 14 Item 1M-6 EXHIBIT A Description of Property EXHIBIT B Household Income Certification EXHIBIT C Certificate of Continuing Compliance Item 1M-7 HOUSING AGREEMENT THIS HOUSING AGREEMENT (the “Agreement”) is dated as of December 15, 2022, and between the CITY OF PALM DESERT, a municipal corporation (the “City”), and PALM DESERT UNIVERSITY GATEWAY, LLC, a Nebraska limited liability company (the “Owner”). City and Owner are sometimes referred to herein individually as a “Party” and collectively as “Parties”. RECITALS This Agreement is predicated upon the following facts: A. The Owner is the owner of certain real property located within the City, which property is described in “Exhibit A” attached hereto and made a part hereof (the “Property”) and is also designated as Planning Area 7 in the Millennium Palm Desert Specific Plan adopted by the Palm Desert City Council on March 12, 2015. B. The City and Owner have entered into that certain Development Agreement, dated July 8, 2015 and recorded on July 21, 2015 in the official records of the Assessor-County Clerk- Recorder of the County of Riverside as Document No. 2015-0319223 (with all amendments or modifications thereto, the “Development Agreement”). C. In consideration of the City entering into the Development Agreement, among other things, the Owner has agreed to develop within a portion of the Project (as defined in the Development Agreement) to be developed on the Property a three hundred thirty (330) unit apartment community (“Apartment Community”), within which there shall be reserved sixty-six (66) Affordable Units (as defined in Section 1.1 below) consisting of twenty-two (22) units for Very Low Income Households, twenty-two (22) units for Low Income Households, and twenty- two (22) units for Moderate Income Households (each as defined in Section 1.1 below) which shall be rented at an Affordable Rent (as defined in Section 1.1 below). NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and the Owner hereby agree as follows: ARTICLE 1. DEFINITIONS AND INTERPRETATION. 1.1 Definitions. Capitalized terms used herein shall have the following meanings unless the context in which they are used clearly requires otherwise. “Affordable Units” shall mean sixty-six (66) of the three hundred thirty (330) units in the Apartment Community available to and occupied by, or held vacant for occupancy only by, Very Low Income Households, Low Income Households, and Moderate Income Households, and rented at an Affordable Rent. Specifically, the Affordable Units consist of twenty-two (22) units for Very Low Income Households, twenty-two (22) units for Low Income Households, and twenty-two (22) Item 1M-8 units for Moderate Income Households. The Affordable Units will include the number of bedrooms shown on the following table: Bedroom Size Very Low Income Household Affordable Units Low Income Household Affordable Units Moderate Income Household Affordable Units Studio 1 1 0 One 10 9 9 Two 9 10 10 Three 2 2 3 Total 22 22 22 “Affordable Rent” shall mean rent for an Affordable Unit, including a Reasonable Utility Allowance, determined pursuant to California Health and Safety Code Section 50053(b) and the state regulations adopted by the California Department of Housing and Community Development (“HCD”) pursuant thereto, as amended from time to time, based upon the AMI adjusted for a Household Size Appropriate to the Affordable Unit. More specifically, (1) for each of the twenty- two (22) Affordable Units reserved for Very Low Income Households, the maximum monthly Affordable Rent, including a Reasonable Utility Allowance, may not exceed thirty percent (30%) of fifty percent (50%) of the AMI, adjusted for a Household Size Appropriate to the Affordable Unit, divided by twelve, (2) for each of the twenty-two (22) Affordable Units reserved for Low Income Households whose gross income exceeds the maximum income for Very Low Income Households, the maximum monthly Affordable Rent, including a Reasonable Utility Allowance, may not exceed thirty percent (30%) of sixty percent (60%) of the AMI, adjusted for a Household Size Appropriate to the Affordable Unit, divided by twelve, and (3) for each of the twenty-two (22) Affordable Units reserved for Moderate Income Households whose gross income exceeds the maximum income for Low Income Households, the maximum monthly Affordable Rent, including a Reasonable Utility Allowance, may not exceed thirty percent (30%) of one hundred ten percent (110%) of the AMI, adjusted for a Household Size Appropriate to the Affordable Unit, divided by twelve. “AMI” shall mean the area median income for Riverside County as published by the California Department of Housing and Community Development pursuant to Health and Safety Code Section 50052.5, or successor statute, as adjusted for family size in accordance with the state regulations adopted pursuant to California Health and Safety Code Section 50052.5. “Household Size Appropriate to the Affordable Unit” in the absence of pertinent federal statutes or regulations applicable to the Apartment Community, shall have the meaning set forth in California Health and Safety Code Section 50052.5(h), as amended from time to time. “Low Income Household” shall mean persons and families whose income does not exceed the qualifying limits for lower income households set forth in California Health and Safety Code Section 50079.5 and Title 25 of the California Code of Regulations, including Section 6928, as such statute and regulation may be amended from time to time. Item 1M-9 “Moderate Income Household” shall mean persons and families whose income does not exceed the qualifying limits for persons and families of low or moderate income set forth in California Health and Safety Code Section 50093 and Title 25 of the California Code of Regulations, Section 6930, as such statute and regulation may be amended from time to time. “Reasonable Utility Allowance” shall mean a utility allowance for utilities paid by a tenant (not including telephone, internet or cable service), as described in Title 25 of the California Code of Regulations, Section 6918, and utilizing the utility allowance schedule published annually by the Housing Authority of the County of Riverside. “Required Covenant Period” shall mean the period commencing on the date all units in the Apartment Community have been completed as evidenced by the City’s issuance of a final Certificate of Occupancy for the Apartment Community, and ending as of the fifty-fifth (55th) anniversary thereof. “Very Low Income Household” shall mean persons and families who meet the fifty percent (50%) or less of AMI income qualification limits set forth in California Health and Safety Code Section 50105 and Title 25 of the California Code of Regulations, Section 6926, as such statute and regulation may be amended from time to time. 1.2 Rules of Construction. 1.2.1 The singular form of any word used herein, including the terms defined herein shall include the plural and vice versa. The use herein of a word of any gender shall include correlative words of all genders. 1.2.2 Unless otherwise specified, references to articles, sections, and other subdivisions of this Agreement are to the designated articles, sections, and other subdivisions of this Agreement as originally executed. The words “hereof,” “herein,” “hereunder,” and words of similar import shall refer to this Agreement as a whole. 1.2.3 All of the terms and provisions hereof shall be construed to effectuate the purposes set forth in this Agreement and to sustain the validity hereof. 1.2.4 Headings or titles of the several articles and sections hereof and the table of contents appended to copies hereof shall be solely for convenience of reference and shall not affect the meaning, construction, or effect of the provisions hereof. ARTICLE 2. ONGOING APARTMENT COMMUNITY OBLIGATIONS. 2.1 Apartment Community and Affordable Units. The Owner shall develop and construct the Apartment Community within a portion of the Project on the Property in conformity with the applicable Project Approvals (as defined in the Development Agreement). Thereafter, during the Required Covenant Period, the Owner agrees that not less than sixty-six (66) units in the Apartment Community shall be Affordable Units, meaning that (a) twenty-two (22) of such units shall be continually available to and occupied by, or held vacant for occupancy only by, Very Low, Income Households, (b) twenty-two (22) of such Item 1M-10 units shall be continually available to and occupied by, or held vacant for occupancy only by, Low Income Households and (c) twenty-two (22) of such units shall be continually available to and occupied by, or held vacant for occupancy only by, Moderate Income Households. All of the rental units in the Apartment Community shall be similarly constructed and all of the Affordable Units shall be generally constructed at the same time as those units which are available to other tenants, and distributed in terms of location throughout the Apartment Community. The Affordable Units shall be of comparable quality to those rental units in the Apartment Community which are available to other tenants. The Owner agrees that, to the extent commercially reasonable, Affordable Units will not be underutilized. No persons shall be permitted to occupy any Affordable Unit in excess of applicable limit of maximum occupancy set by the City’s Municipal Code and the laws of the State of California. 2.2 Residential Rental Property. The Owner covenants to operate the Apartment Community as residential rental property. During the Required Covenant Period, the Affordable Units will be held and used for the purpose of providing residential living, and the Owner shall own, manage and operate, or cause the management and operation of, the Apartment Community to provide such affordable rental housing. All of the rental units in the Apartment Community with the exception of up to two (2) manager units will be available for rental on a continuous basis to members of the general public and the Owner will not give preference to any particular class or group in renting the units in the Apartment Community, except as required under this Agreement. The Owner shall not convert any Affordable Unit(s) to condominiums or cooperative ownership or sell condominium or cooperative conversion rights to any Affordable Unit(s) during the term of this Agreement. 2.3 Very Low, Low and Moderate Income Households. 2.3.1 Income Qualification; Initial Certification. Subject to the applicable provisions hereof, throughout the Required Covenant Period, Affordable Units will be exclusively occupied by, or available for occupancy only by, Very Low, Low and Moderate Income Households, as applicable, on a continuous basis. Prior to the rental or lease of an Affordable Unit, the Owner will obtain and maintain on file a Household Income Certification (“Income Certification”) substantially in the form attached hereto as Exhibit “B” and incorporated herein by this reference for each Very Low, Low and Moderate Income Household, as applicable, and shall provide copies of same to the City at such times as the City may, from time to time, reasonably require. In addition, the Owner will provide such further information as may reasonably be required in the future by the City. The Income Certification shall be dated immediately prior to the applicable household’s initial occupancy of an Affordable Unit. The Owner shall make a good faith effort to verify that the income provided by an applicant in an Income Certification is accurate by taking any one or more of the following steps as part of the verification process for all household members over the age of eighteen (18) as appropriate: (i) Obtain two (2) pay stubs for the two (2) most recent pay periods; (ii) Obtain a true copy of an income tax return for the most recent tax year in which a return was filed; Item 1M-11 (iii) Obtain an income verification form from the household member’s current employer; (iv) Obtain an income verification form from the Social Security Administration and/or the State Department of Social Services, or its equivalent, if the household member receives assistance from either of those agencies; (v) If the household member is unemployed and has no tax return, obtain another form of independent verification; or (vi) Obtain such other documentation as may be reasonably acceptable pursuant to Title 25 of the California Code of Regulations, as amended from time to time, to verify income. 2.3.2 Certificate of Continuing Program Compliance; Annual Report. Throughout the Required Covenant Period, the Owner will prepare and submit to the City, at such periodic frequency as the City might reasonably require, but not more than once annually, a Certificate of Continuing Compliance in substantially the form attached hereto as Exhibit “C” and incorporated herein by this reference, and executed by the Owner. The Owner will also prepare and submit to the City on or before each anniversary date of the commencement of the Required Covenant Period, with respect to the preceding calendar year, a report in form and substance reasonably satisfactory to the City summarizing the vacancy rate of the Apartment Community, including the number of Affordable Units held vacant for occupancy by Very Low, Low and Moderate Income Households for such calendar year. 2.4 Affordable Rent. Throughout the Required Covenant Period, an Affordable Rent shall be charged to the Very Low, Low and Moderate Income Household occupants of Affordable Units. 2.5 Rent Increases. Rents for Affordable Units may be increased not more than once per year and not earlier than twelve (12) months since the date of the tenant’s initial occupancy or the last rent increase, as applicable. The rents charged following such an increase, or upon a vacancy and new occupancy by a Very Low, Low or Moderate Income Household, as applicable, shall not exceed an Affordable Rent. The Owner shall, consistent with applicable law, give proper written notice to tenants of all rent increases, and upon written request, provide the City with reasonable detail concerning the amount of and rationale for such rent increases. 2.6 Income Recertification of Affordable Units. Annually, on the anniversary date of occupancy of an Affordable Unit by a Very Low, Low or Moderate Income Household, as applicable, the Owner shall obtain and maintain on file an annual income certification, in form and substance reasonably satisfactory to the City, from each household occupying an Affordable Unit, based upon the current income of each household member over the age of eighteen (18). The Owner shall make a good faith effort to verify that the income provided by the household is accurate in accordance with Section 2.3.1, above. 2.6.1 A rental unit occupied by a household that qualifies as a Very Low, Low or Moderate Income Household, as applicable, at the time the household first occupies an Affordable Unit shall be deemed to continue to be so occupied until a recertification of such household’s income demonstrates that such household no longer qualifies as a Very Low, Low or Moderate Income Household, as applicable. At such time as a household ceases to qualify as a Very Low, Item 1M-12 Low or Moderate Income Household, as applicable, based on income recertification, the Owner shall designate the next available unit (one that is not occupied by a tenant) with the same number of bedrooms as the Affordable Unit occupied by such household and it shall be leased to a Very Low, Low or Moderate Income Household, as applicable, so that the number of Affordable Units occupied by or reserved for occupancy by Very Low, Low or Moderate Income Households will remain constant. For purposes of this Agreement, such designated unit will be considered an Affordable Unit if it is held vacant and available solely for occupancy by a Very Low, Low and Moderate Income Household, as applicable, and, upon occupancy, the income eligibility of the household as a Very Low, Low or Moderate Income Household is verified and the unit is rented at Affordable Rent. 2.7 Lease or Occupancy Agreement. Prior to the rental or lease of an Affordable Unit to a Very Low, Low or Moderate Income Household, the Owner shall require the tenant to execute a written lease or occupancy agreement. The Owner shall maintain on file throughout the Required Covenant Period and for a four (4) year period thereafter, the executed lease or occupancy agreement of each tenant occupying an Affordable Unit. The form of lease or occupancy agreement used by the Owner for the lease or rental of Affordable Units shall be that which is reasonable and customary in residential leasing. In addition, each lease or occupancy agreement for an Affordable Unit shall (i) provide that the tenants of such Affordable Unit shall be subject to annual recertification of income and subject to rental increases in accordance with Sections 2.5 and 2.6 of this Agreement, and (ii) contain a provision to the effect that the Owner has relied on the income certification and supporting information supplied by the tenant in determining qualification for occupancy of the Affordable Unit, and that any material misstatement in such certification (whether or not intentional) may be cause for immediate termination of such lease or occupancy agreement. 2.7.1 The Owner shall refrain from restricting the rental or lease of Affordable Units on the basis of race, color, religion, sex, marital status, disability, ancestry or national origin of any person. 2.7.2 The covenants established herein shall, without regard to technical classification and designation, be binding for the benefit and in favor of the City, and its successors and assigns, and shall burden and run with the Property. 2.7.3 The City is deemed to be the beneficiary of the terms and provisions of the covenants herein, both for and in its own right and for the purposes of protecting the interests of the community and other parties, public or private, for whose benefit these covenants running with the land have been provided. 2.8 Security Deposits. The Owner may require security deposits on Affordable Units in amounts which are consistent with applicable law. 2.9 Additional Information; Books and Records. The Owner shall provide any additional information concerning the Affordable Units reasonably requested by the City. The Owner will maintain complete and accurate records pertaining to the Affordable Units throughout the Required Covenant Period and for a four (4) year period thereafter. The City shall have the right upon written notice of no less than two (2) business days to the Owner, at any time during normal business hours of 9:00 am to 5:00 pm, to examine of all books, records or other documents Item 1M-13 maintained by the Owner or by any of the Owner’s agents which pertain to any Affordable Unit, including all executed leases or occupancy agreements and all Income Certifications, and obtain copies of any requested executed leases, occupancy agreements and Income Certifications within ten (10) business days following such examination and the City’s written request. 2.10 Specific Performance. The Owner hereby agrees that specific enforcement of the Owner’s agreement to comply with the allowable rent and occupancy restrictions and covenants contained herein is one of the reasons and consideration for the City having entered into the Development Agreement and that, in the event of the Owner’s breach of such requirements, potential monetary damages to the City, as well as to existing and prospective Very Low, Low and Moderate Income Households, would be difficult, if not impossible, to evaluate and quantify. Therefore, in addition to any other relief to which the City may be entitled as a consequence of the breach hereof, the Owner agrees to the imposition of the remedy of specific performance against it in the case of any event of default by the Owner in complying with any provision of this Agreement beyond any applicable notice and cure period. 2.11 Audit. The City shall have the right to perform an audit of the Apartment Community to determine compliance with the provisions of this Agreement. Such audit shall not be undertaken more often than once each calendar year. All costs and expenses associated with the audit shall be paid by the Owner. 2.12 Management. The Owner and/or the management agent (if not the Owner) shall operate the Apartment Community in a manner that will provide decent, safe and sanitary residential facilities to the occupants thereof, and will comply with provisions of this Agreement. Upon the written request of the City, the Owner shall cooperate with the City in the periodic review (but not more than once each calendar year) of the management practices and financial status of the Affordable Units. The purpose of each periodic review will be to enable the City to determine if the Affordable Units are being operated and managed in accordance with the requirements and standards of this Agreement. Results of such City review shall be provided to the Owner, and the City shall have the authority to require the Owner to make modifications that are reasonably necessary to ensure the objectives of this Agreement are met. 2.13 Binding for Term. It is intended by the Parties that except as otherwise expressly provided herein the provisions of this Agreement shall apply to the Apartment Community throughout the entire term hereof, as established in Section 3.1 below. ARTICLE 3. TERM AND RECORDATION. 3.1 Term of Agreement. This Agreement shall remain in full force and effect for the Required Covenant Period, unless the Owner and the City agree, in writing, to terminate this Agreement prior to the expiration of the Required Covenant Period. Unless terminated earlier pursuant to the prior sentence of this Section 3.1, or Section 3.3 below, the Parties intend that the provisions and effect of this Agreement and specifically of Article 2 hereof, shall remain in full force and effect for the entire Required Covenant Period. 3.2 Agreement to Record. The Owner represents, warrants, and covenants that this Agreement will be recorded in the real property records of Riverside County. Item 1M-14 3.3 Early Termination of Restrictions. Notwithstanding the generality of the foregoing provisions of this Article 3 or any other provisions hereof, this Agreement and all of the terms and restrictions contained herein shall terminate and be of no further force and effect in the event of involuntary noncompliance as a result of unforeseen events such as fire or act of God which leaves a substantial portion of the Apartment Community uninhabitable and the Owner elects not to reconstruct the Apartment Community, or a change in a federal or state law or an action by the federal government, the State or a court of competent jurisdiction, after the date of recordation hereof, that prevents the City from enforcing the provisions of this Agreement, or a condemnation or a similar event. Upon termination of this Agreement, the Parties or their successors, as applicable, agree to execute, deliver and record appropriate instruments of release and discharge of the terms hereof; provided, however, that the execution and delivery of such instrument shall not be necessary or a prerequisite to termination of this Agreement in accordance with its terms. ARTICLE 4. DEFAULT; REMEDIES. 4.1 An Event of Default. Each of the following shall constitute an “Event of Default” by the Owner under this Agreement: 4.1.1 Failure by the Owner to duly perform, comply with and observe any of the conditions, terms, or covenants of any agreement with the City concerning the Apartment Community, or of this Agreement, if such failure remains uncured thirty (30) days after written notice of such failure from the City to the Owner in the manner provided herein or, with respect to a default that cannot be cured within thirty (30) days, if the Owner fails to commence such cure within such thirty (30) day period or thereafter fails to diligently and continuously proceed with such cure to completion. However, if a different period or notice requirement is specified under any other section of this Agreement, then the specific provision shall control. 4.1.2 Any representation or warranty contained in this Agreement or in any application, financial statement, certificate, or report submitted by the Owner to the City proves to have been incorrect in any material respect when made. 4.1.3 A court having jurisdiction shall have made or rendered a decree or order: (i) adjudging the Owner to be bankrupt or insolvent; (ii) approving as properly filed a petition seeking reorganization of the Owner or seeking any arrangement on behalf of the Owner under the bankruptcy laws or any other applicable debtor’s relief law or statute of the United States or of any state or other jurisdiction; (iii) appointing a receiver, trustee, liquidator, or assignee of the Owner in bankruptcy or insolvency or for any of its properties; or (iv) directing the winding up or liquidation of the Owner, providing, however, that any such decree or order described in any of the foregoing subsections shall have continued unstayed or undischarged for a period of ninety (90) days. 4.1.4 The Owner shall have assigned its assets for the benefit of its creditors or suffered a sequestration or attachment or execution on any substantial part of its property, unless the property so assigned, sequestered, attached, or executed upon shall have been returned or released within ninety (90) days after such event (unless a lesser time period is permitted for cure hereunder) or prior to sale pursuant to such sequestration, attachment, or execution. If the Owner is diligently working to obtain a return or release of the property and the City’s interests hereunder are not Item 1M-15 imminently threatened in its reasonable business judgment, then the City shall not declare a default under this subsection. 4.1.5 The Owner shall have voluntarily suspended its business or dissolved. 4.1.6 The seizure or appropriation of all or, in the reasonable opinion of the City, a substantial part of the Apartment Community, except for condemnation initiated by the City or any other governmental agency or authority. 4.1.7 There should occur any default declared by any lender under any loan document or deed of trust relating to any loan made in connection with the Apartment Community, which loan is secured by a deed of trust or other instrument affecting the Apartment Community, and senior to this Agreement, and such default remains uncured following the expiration of any applicable cure period. 4.2 City’s Option to Lease. Upon the occurrence of an Event of Default that relates solely to Owner’s failure to comply with the provisions of Article 2 of this Agreement, and to cause the Apartment Community to meet the requirements of this Agreement, the Owner hereby grants to the City the option to lease up to that number of the rental units as necessary to achieve compliance with the provisions of Article 2 of this Agreement and for the purpose of subleasing such units in accordance with the requirements of this Agreement. The amount of rental to be paid by the City to Owner for such rental units following the exercise of the City’s option shall be equal to the applicable Affordable Rent. Any rental paid to the City under any such sublease by the subtenant under such sublease shall be paid to the City without obligation to pay any such rent to the Owner during the pendency of the Owner’s default. 4.3 City Remedies. The City shall have the right to mandamus or other suit, action or proceeding at law or in equity to require the Owner to perform its obligations and covenants under this Agreement or to enjoin acts or things which may be unlawful or in violation of the provisions hereof, provided that in any such case the City has first provided the required notice of any alleged default and the Owner has had the requisite opportunity to cure pursuant to Section 4.1.1, above. 4.4 Action at Law; No Remedy Exclusive. The City may take whatever action at law or in equity as may be necessary to enforce performance and observance of any obligation, agreement or covenant of the Owner under this Agreement. No remedy herein conferred upon or reserved by the City is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law, in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of such right or power, but any such right or power may be exercised from time to time and as often as the City may deem expedient. In order to entitle the City to exercise any remedy reserved to it in this Agreement, it shall not be necessary to give any notice, other than such notice as may be herein otherwise expressly required or required by law to be given. Item 1M-16 ARTICLE 5. GENERAL PROVISIONS. 5.1 Limitations on Recourse. Notwithstanding anything to the contrary contained in this Agreement, except in the event of fraud, waste, or illegal acts, or with regard to any indemnity obligations imposed upon the Owner under the terms of this Agreement, (i) no partner, member, officer or director, as applicable, of the Owner (each, an “Owner Affiliate”) shall have any direct, indirect or derivative personal liability for the obligations of the Owner under this Agreement, and (ii) the City shall not exercise any rights or institute any action against any Owner Affiliate directly, indirectly or derivatively for the payment of any sum of money that is or may become payable hereunder. 5.2 Maintenance, Repair, Alterations. The Owner shall maintain and preserve the Apartment Community in good condition and repair and in a prudent and businesslike manner. The Owner shall comply with all laws, ordinances, rules, regulations, covenants, conditions, restrictions, and orders of any governmental authority now or hereafter affecting the conduct or operation of the Apartment Community or any part thereof or requiring any alteration or improvement to be made thereon. The Owner shall not commit, suffer, or permit any act to be done in, upon, or to the Apartment Community or any part thereof in violation of any such laws, ordinances, rules, regulations, or orders. The Owner hereby agrees that the City may conduct from time to time through representatives, upon reasonable notice of no less than twenty-four (24) hours, on-site inspections and observation of: (i) the maintenance and repair of the Apartment Community, including a review of all maintenance and repair programs and practices and all reports and records pertaining thereto, including records of expenditures relating thereto; and (ii) such other facilities, practices, and records of the Owner relating to the Affordable Units as the City reasonably deems to be necessary or appropriate in order to monitor the Owner’s compliance with the provisions of this Agreement. 5.3 Notice. All notices (other than telephone notices), certificates or other communications (other than telephone communications) required or permitted hereunder shall be sufficiently given and should be deemed given when personally delivered, when sent by telegram, or when sent by facsimile (if confirmed by sending a copy of such transmission by mail the same calendar day), or forty-eight (48) hours following mailing by registered or certified mail, postage prepaid, or twenty- four (24) hours following transmission of such notice by express mail, Federal Express or similar commercial carrier, addressed as follows: If to the City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 Attn: Housing Division Phone: (760) 346-0611 Fax: (760) 341-6372 Item 1M-17 If to the Owner MRES Acquisitions, LLC 12149 West Center Road Omaha, NE 68144 Attn: Mr. Adam Kirshenbaum, Manager Phone: Fax: 5.4 Relationship of Parties. Nothing contained in this Agreement shall be interpreted or understood by any of the Parties, or by any third persons, as creating the relationship of employer and employee, principal and agent, limited or general partnership, or joint venture between the City and the Owner or the Owner’s agents, employees or contractors, and the Owner shall at all times be deemed an independent contractor and shall be wholly responsible for the manner in which it or its agents, or both, perform the services required of it by the terms of this Agreement for the operation of the Apartment Community. The Owner has and hereby retains the right to exercise full control of employment, direction, compensation and discharge of all persons assisting in the performance of services hereunder. In regards to the on-site operation of the Apartment Community, the Owner shall be solely responsible for all matters relating to payment of its employees, including compliance with Social Security, withholding and all other laws and regulations governing such matters. The Owner agrees to be solely responsible for its own acts and those of its agents and employees. 5.5 No Claims. Nothing contained in this Agreement shall create or justify any claim against the City by any person the Owner may have employed or with whom the Owner may have contracted relative to the purchase of materials, supplies or equipment, or the furnishing or the performance of any work or services with respect to the operation of the Affordable Units. 5.6 Conflict of Interests. No member, official or employee of the City shall make any decision relating to this Agreement which affects his or her personal interests or the interests of any corporation, partnership or association in which he or she is directly or indirectly interested. No officer or employee of the Owner shall acquire any interest in conflict with or inimical to the interests of the City. 5.7 Non-Liability of City Officials, Employees and Agents. No member, official, employee or agent of the City shall be personally liable to the Owner, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Owner or successor in connection with this Agreement or on any obligation of the City under the terms of this Agreement. 5.8 Unavoidable Delay; Extension of Time of Performance. In addition to specific provisions of this Agreement, performance by either Party hereunder shall not be deemed to be in default where it is due to an “Unavoidable Delay.” “Unavoidable Delay” means a delay due to the elements (including unseasonable weather), fire, earthquakes or other acts of God, strikes, pandemics, labor disputes, lockouts, shortages of construction materials experienced generally in the construction industry in the local area, acts of the public enemy, riots, insurrections or Item 1M-18 governmental regulation of the sale or transportation of materials, supply or labor; provided, however, that to the extent a delay is caused by any other reason that the Owner reasonably believes is beyond its control, the Owner may request, on a case-by-case basis, that the City excuse any such delay as an Unavoidable Delay and the City shall make its determination as to whether such delay constitutes an Unavoidable Delay using its reasonable judgment. 5.9 Indemnity. The Owner shall indemnify, defend and hold harmless the City and all officials, employees and agents of City (with counsel reasonably satisfactory to the City) against any costs, liabilities, damages or judgments arising from claims or litigation of any nature whatsoever brought by third parties and directly or indirectly arising from the Owner’s ownership or operation of the Apartment Community, or the Owner’s performance of its obligations under this Agreement, and in the event of settlement, compromise or judgment hold the City free and harmless therefrom. Notwithstanding the foregoing, the indemnity provisions contained in this Section 5.9 shall not apply with respect to any costs, liabilities, damages or judgments arising directly or indirectly from (i) the City’s rental of units within the Apartment Community as described in Section 4.2 hereof, or (ii) the gross negligence or willful misconduct of the City. The provisions of this Section 5.9 shall survive the term of this Agreement. 5.10 Rights and Remedies Cumulative. Except as otherwise expressly stated in this Agreement, the rights and remedies of the Parties are cumulative, and the exercise or failure to exercise one or more of such rights or remedies by either Party shall not preclude the exercise by it, at the same time or different times, of any right or remedy for the same default or any other default by the other Party. No waiver of any default or breach by the Owner hereunder shall be implied from any omission by the City to take action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the waiver, and such wavier shall be operative only for the time and to the extent therein stated. Waivers of any covenant, term, or condition contained herein shall not be construed as a waiver of any subsequent breach of the same covenant, term or condition. The consent or approval by the City to or of any act by the Owner requiring further consent or approval shall not be deemed to waive or render unnecessary the consent or approval to or of any subsequent similar act. The exercise of any right, power, or remedy shall in no event constitute a cure or a waiver of any default under this Agreement, nor shall it invalidate any act done pursuant to notice of default, or prejudice the City in the exercise of any right, power, or remedy hereunder or under any agreements ancillary or related hereto. 5.11 Applicable Law. This Agreement shall be interpreted under and pursuant to the laws of the State of California. 5.12 Severability. If any term, provision, covenant or condition of this Agreement is held in a final disposition by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall continue in full force and effect unless the rights and obligations of the Parties have been materially altered or abridged by such invalidation, voiding or unenforceability. 5.13 Legal Actions. In the event any legal action is commenced to interpret or to enforce the terms of this Agreement or to collect damages as a result of any breach thereof, the Party prevailing in any such action shall be entitled to recover against the Party not prevailing all reasonable Item 1M-19 attorneys’ fees and costs incurred in such action (including all legal fees incurred in any appeal or in any action to enforce any resulting judgment), as awarded by a court of competent jurisdiction. 5.14 Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the permitted heirs, administrators, executors, successors in interest and assigns of each of the Parties. Any reference in this Agreement to a specifically named Party shall be deemed to apply to any successor, heir, administrator, executor or assign of such Party who has acquired an interest in compliance with the terms hereof or under law. 5.15 Time of the Essence. In all matters under this Agreement, time is of the essence. 5.16 Approval by the City. Any approvals required under this Agreement shall be made by the City Manager or his or her designee, and shall not be unreasonably withheld, conditioned, delayed or made, except where it is specifically provided herein that another standard applies, in which case the specified standard shall apply. 5.17 Complete Understanding of the Parties. This Agreement and the attached Exhibits constitute the entire understanding and agreement of the Parties with respect to the matters described herein. 5.18 Covenants to Run With the Land. The Owner hereby subjects the Apartment Community to the covenants, reservations, and restrictions set forth in this Agreement. The City and the Owner hereby declare their express intent that the covenants, reservations, and restrictions set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner’s successors in title to the Apartment Community; provided, however, that on the termination of this Agreement said covenants, reservations and restrictions shall expire. Each and every contract, deed or other instrument hereafter executed covering or conveying the Apartment Community or any portion thereof shall conclusively be held to have been executed, delivered and accepted subject to such covenants, reservations and restrictions, regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instruments. No breach of any of the provisions of this Agreement shall defeat or render invalid the lien of a mortgage or deed of trust made in good faith and for value encumbering the Property or any interest of the Owner therein. 5.19 Burden and Benefit. The City and the Owner hereby declare their understanding and intent that: (i) the burden of the covenants, reservations, restrictions, and agreements set forth herein touch and concern the Property and the Apartment Community, in that Owner’s legal interest in the Apartment Community is rendered less valuable thereby, (ii) the covenants, reservations, restrictions, and agreements set forth herein directly benefit the Property and the Apartment Community (a) by enhancing and increasing the enjoyment and use of the Apartment Community by certain Very Low, Low and Moderate Income Households, the intended beneficiaries of such covenants, reservations, restrictions, and agreements, (b) by making possible the obtaining of advantageous financing for the Property and the Apartment Community, and (c) by furthering the public purposes advanced by the City, and (iii) the covenants, reservations, restrictions and agreements set forth herein shall run with the Property and shall be binding for the benefit of and enforceable by the City and its successors and assigns for the entire term of this Agreement. Item 1M-20 5.20 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. 5.21 Amendments. This Agreement may be amended only by the written agreement of the City and the Owner. [Remainder of this page intentionally left blank] [Signatures appear on next page] Item 1M-21 WHEREFORE, the undersigned has executed this Agreement as of the date first-above written. CITY OF PALM DESERT, a municipal corporation By: Name: Title: PALM DESERT UNIVERSITY GATEWAY, LLC, a Nebraska limited liability company By: PD 80 Management, Inc., a Nebraska corporation By: Name: Yonatan Dotan, Its: Vice President ATTEST: Anthony J. Mejia, City Clerk APPROVED AS TO FORM: Richards, Watson & Gershon, a Professional Corporation By: Special Counsel Item 1M-22 CALIFORNIA ALL-PURPOSE 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 ____________, 2022, before me, ________________________________________________, (insert name and title of the officer) 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 (Seal) Item 1M-23 CALIFORNIA ALL-PURPOSE 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, ________________________________________________, (insert name and title of the officer) 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 (Seal) Item 1M-24 EXHIBIT “A” LEGAL DESCRIPTION OF THE PROPERTY PARCEL 7 OF PARCEL MAP NO. 36792, IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN IN BOOK 23, PAGES 9 THROUGH 15, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Item 1M-25 EXHIBIT “B” HOUSEHOLD INCOME CERTIFICATION Item 1M-26 Item 1M-27 Item 1M-28 EXHIBIT “C” CERTIFICATE OF CONTINUING COMPLIANCE Item 1M-29 Item 1M-30 Item 1M-31 Item 1M-32 Item 1M-33 Palm Desert Housing Authority Jessica Gonzales Housing Manager December 15, 2022 Palm Desert University Gateway, LLC: Millennium Apartments Housing Agreement Item 1M-34 Millennium Apartments •330-unit mixed-income apartment community •15-acre parcel at 74699 Technology Drive on the Northwest corner of Gerald Ford Drive •Includes community- building and recreational amenities Item 1M-35 Map and Site Plan Millennium ApartmentsItem 1M-36 Recommendation •Approve a Housing Agreement presented to the City Council at this meeting, by and between the City of Palm Desert and Palm Desert University Gateway,LLC (“University Gateway”),in accordance with the conditions of approval of the development of 330 units known as Millennium Apartments,a multifamily rental housing project located at located at 74699 Technology Drive,Palm Desert,California (the “Project”). •Authorize the City Manager or his designee to finalize the Housing Agreement,and the documents described in the Agreement or otherwise deemed necessary or proper to effectuate the Housing Agreement and conditions of approval,with such changes thereto as the City Manager or his designee,in consultation with the City’s legal counsel,may deem appropriate or necessary and consistent with the purposes of the Housing Agreement and conditions of approval,with such approval to be conclusively evidenced by the execution and delivery thereof. •Authorize the Mayor and/or City Manager to execute and deliver,for and in the name of the City,the Housing Agreement and other documents, as described in Recommendation No. 2, and authorize the City Clerk to record the Housing agreement.Item 1M-37 [This page has intentionally been left blank.] Item 1M-38 CITY OF PALM DESERT STAFF REPORT MEETING DATE: December 15, 2022 PREPARED BY: Jessica Gonzales, Housing Manager REQUEST: APPROVE A HOUSING AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND GERALD FORD APARTMENTS, LP, FOR THE GERALD FORD APARTMENT PROJECT LOCATED AT 75580 GERALD FORD DRIVE, PALM DESERT RECOMMENDATION: 1.Approve the attached Housing Agreement by and between the City of Palm Desert and Gerald Ford Apartments, a California Limited Partnership, (“Owner”), in accordance with the conditions of approval of the development, of 150 units known as Gerald Ford Apartments, a multifamily rental housing project located at located at 75580 Gerald Ford Drive, Palm Desert, California (the “Project”). 2.Authorize the City Manager or his designee to finalize the Housing Agreement, and the documents described in the Agreement or otherwise deemed necessary or proper to effectuate the Housing Agreement and conditions of approval, with such changes thereto as the City Manager or his designee, in consultation with the City’s legal counsel, may deem appropriate or necessary and consistent with the purposes of the Housing Agreement and conditions of approval, with such approval to be conclusively evidenced by the execution and delivery thereof. 3.Authorize the Mayor and/or City Manager to execute and deliver, for and in the name of the City, the Housing Agreement and other documents, as described in Recommendation No. 2, and authorize the City Clerk to record the Housing agreement. BACKGROUND/ANALYSIS: The apartment project known as “Gerald Ford Apartments” was approved on June 7, 2022, by the Planning Commission by adoption of Resolution No. 2813. As part of the project’s approval, the developer is required to enter into a Housing Agreement in order to effectuate the condition for an affordable housing requirement. Without this agreement in place, the developer cannot obtain building permits. As part of the City Council of the City of Palm Desert Resolution No. 05-105, Case No. GPA 05-02, C/Z 05-02, PP 05-12 and TT33837, approved December 8, 2005, the apartment site was approved by the Planning Commission subject to the requirement for the developer to restrict one hundred percent (100%) of the units for lower income households at affordable rents. Item 1N-1 The apartment project is now owned by Gerald Ford Apartments, LP., and the conditions requiring affordable housing on the site, set forth in Resolution No. 05-105, run with the land. WNG has agreed to restrict 100% of the units to be affordable as required by the condition of approval. The apartment project will include 150 total rental units. WNG has agreed to make 149 of the rental units continuously available to and occupied by, or held vacant for occupancy by, households with incomes not exceeding 80% of the area median income (“AMI”) in Riverside County (30 rental units for very low-income households and 119 rental units for lower income households) at affordable rents. The rental units will be comprised of 111 two-bedroom units and 38 three-bedroom units. The units will be restricted for 55 years, commencing upon the issuance of a final Certificate of Occupancy for the apartment project. Staff, therefore, recommends approval of the Housing Agreement in accordance with the requirement of the affordable housing condition of approval TT33837 pursuant to City Council Resolution 005-105 and Planning Commission Resolution No. 2813. California Environmental Quality Act (CEQA) The Gerald Ford Apartment project was approved by the Palm Desert Planning Commission (PC) under PC Resolution No. 2813 on June 7, 2022. The project was evaluated pursuant to the requirements of the California Environmental Quality Act (CEQA). Pursuant to the State CEQA Guidelines Section 15183, an Initial Study was prepared which concluded that the project is consistence with the adopted Palm Desert General Plan Environmental Impact Report (EIR) (SCH #2015081020). CEQA Guidelines Section 15183 allows for a streamlined environmental review process for projects, which are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified, except as might be necessary to examine whether there are project-specific significant effects, which are peculiar to the Project or its sites. If the above qualifications are met, as stated in Section 15183(b), “a public agency shall limit its examination of environmental effects to those which the agency determines, in an initial study or other analysis: (1) are peculiar to the Project or the parcel on which the Project would be located, (2) were not analyzed as significant effects in a prior EIR on the zoning action, general plan, or community plan, with which the Project is consistent, (3) are potentially significant off-site impacts and cumulative impacts which were not discussed in the prior EIR prepared for the general plan, community plan or zoning action, or the project’s CEQA Section 15183 Analysis (4) are previously identified significant effects which, as a result of substantial new information, which was not known at the time the EIR was certified, are determined to have a more severe adverse impact than discussed in the prior EIR.” This document has been prepared to satisfy the requirements of CEQA Guidelines Section 15183. It analyzes the potential environmental effects of the Project and evaluates whether they were adequately analyzed in a prior EIR such that the above-identified streamlining criteria apply. The Project is consistent with the Palm Desert General Plan Update (General Plan Update), for which an EIR (SCH No. 2015081020) was certified. The approval of the Housing Agreement is consistent with the project approval and will not result in significant Item 1N-2 alterations to the project approval. Therefore, the analysis prepared for the project satisfies the requirements of CEQA. Strategic Plan: One of the priorities of the City of Palm Desert’s (“City”) Envision Palm Desert Strategic Plan, as part of Land, Use, Housing and Open Space, is to facilitate development of high- quality housing for people of all income levels. This request meets that objective by diversifying the City’s housing stock for moderate- and lower-income households. FINANCIAL IMPACT: There is no fiscal impact on the City resulting from the approval of the Housing Agreement. REVIEWED BY: Department Director: Eric Ceja Special Counsel to the City: Jim G. Grayson, Richards, Watson, & Greshon Law Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo Executive Director: Todd Hileman ATTACHMENTS: 1. City Draft Housing Agreement for Gerald Ford Apartments. 2. Gerald Ford Apartments PowerPoint Presentations. Item 1N-3 RECORDING REQUESTED BY, AND WHEN RECORDED RETURN TO: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 Attn: _________________ SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY This Document is recorded for the benefit of the City of Palm Desert and is exempt from recording fees pursuant to Sections 6103, 27383 and 27388.1 of the California Government Code. HOUSING AGREEMENT by and between the CITY OF PALM DESERT, a municipal corporation and GERALD FORD APARTMENTS, LP, a California limited partnership DATED AS OF _________ ____, 2022 Item 1N-4 ARTICLE 1. DEFINITIONS AND INTERPRETATION .................................................................... 2 1.1 Definitions ................................................................................................................... 2 1.2 Rules of Construction .............................................................................................. 3 ARTICLE 2. ONGOING APARTMENT COMMUNITY OBLIGATIONS .................................. 3 2.1 Apartment Community and Affordable Units .................................................. 3 2.2 Residential Rental Property ................................................................................... 4 2.3 Low Income Households and Very Low Income Households .................... 4 2.4 Affordable Rent ......................................................................................................... 5 2.5 Rent Increases ............................................................................................................ 5 2.6 Income Recertification of Affordable Units ...................................................... 5 2.7 Lease or Occupancy Agreement ........................................................................... 6 2.8 Security Deposits ...................................................................................................... 6 2.9 Additional Information ............................................................................................ 6 2.10 Specific Performance ............................................................................................... 6 2.11 Audit ............................................................................................................................. 7 2.12 Management ............................................................................................................... 7 2.13 Binding for Term....................................................................................................... 7 ARTICLE 3. TERM AND RECORDATION .......................................................................................... 7 3.1 Term of Agreement .................................................................................................. 7 3.2 Agreement to Record ............................................................................................... 7 3.3 Suspension of Restrictions ..................................................................................... 7 ARTICLE 4. DEFAULT ................................................................................................................................. 8 4.1 An Event of Default ................................................................................................. 8 Item 1N-5 4.2 City’s Option to Lease ............................................................................................. 9 4.3 City Remedies ............................................................................................................ 9 4.4 Action at Law ............................................................................................................. 9 ARTICLE 5. GENERAL PROVISIONS ................................................................................................... 9 5.1 Limitations on Recourse ......................................................................................... 9 5.2 Maintenance, Repair, Alterations ......................................................................... 9 5.3 Notices ........................................................................................................................ 10 5.4 Relationship of Parties ........................................................................................... 10 5.5 No Claims .................................................................................................................. 10 5.6 Conflict of Interests ................................................................................................ 11 5.7 Non-Liability of City Officials, Employees and Agents ............................. 11 5.8 Unavoidable Delay ................................................................................................. 11 5.9 Indemnity................................................................................................................... 11 5.10 Rights and Remedies Cumulative ...................................................................... 11 5.11 Applicable Law ........................................................................................................ 12 5.12 Severability ............................................................................................................... 12 5.13 Legal Actions ........................................................................................................... 12 5.14 Binding Upon Successors ..................................................................................... 12 5.15 Time of the Essence ............................................................................................... 12 5.16 Approval by the City .............................................................................................. 12 5.17 Complete Understanding of the Parties ............................................................ 12 5.18 Covenants to Run With the Land ....................................................................... 12 5.19 Burden and Benefit ................................................................................................. 13 Item 1N-6 5.20 Counterparts ............................................................................................................. 13 5.21 Amendments ............................................................................................................. 13 Item 1N-7 HOUSING AGREEMENT THIS HOUSING AGREEMENT (the “Agreement”) is dated as of ______________, 2022, and is by and between the CITY OF PALM DESERT, a municipal corporation (the “City”), and GERALD FORD APARTMENTS, LP, a California limited partnership (the “Owner”). City and Owner are sometimes referred to herein individually as a “Party” and collectively as “Parties”. RECITALS A. The Owner is the owner of certain real property located within the City, which property is described in “Exhibit A” attached hereto and made a part hereof (the “Property”). B. City has granted approval of a general plan amendment from Resort/Hotel Commercial to Medium Density/High Density Overlay, a change of zone from R1M (single- family/mobile home residential district) to PR-19 for the Property, and a precise plan/conditional use permit, including a height exception to allow a 26-foot high roof element, and a tentative tract map for apartment purposes to construct one hundred fifty (150) rental apartment units with respect to the Property. C. As a result of the actions of the City described in Recital B above, City has approved an increase in the permitted maximum density from 13.6 dwelling units per acre to a maximum of 19.7 dwelling units per acre and did so on the condition that the Owner enter into this Agreement with respect to the Property and upon which a one hundred fifty (150) unit apartment complex (the “Apartment Community”) shall be constructed. D. As a condition of said approval, City has required, and the Owner has agreed, that a specified number of rental units to be constructed on the Apartment Site shall be set aside and continuously made available for rent at affordable rental rates to persons and families of low and very low income, and to facilitate the same, the Owner is willing to enter into certain restrictions upon the operation of the Apartment Community which will bind the Owner, and its successors and assigns, for the entire term of this Agreement. E. The purpose of this Agreement is to create such conditions, covenants, restrictions, liens, servitudes, and charges in favor of the City upon and subject to which the Apartment Community shall be occupied, leased and rented. The provisions of this Agreement shall run with title to each and every portion of the Property and shall inure and pass with each and every portion thereof and shall apply to and bind any successors-in-interest of Owner. NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and the Owner hereby agree as follows: Item 1N-8 ARTICLE 1. DEFINITIONS AND INTERPRETATION. 1.1 Definitions. Capitalized terms used herein shall have the following meanings unless the context in which they are used clearly requires otherwise. “Affordable Units” shall mean any of the one hundred forty-nine (149) units in the Apartment Community continuously available to and occupied by, or held vacant for occupancy only by one hundred nineteen (119) Low Income Households and thirty (30) Very Low Income Households and rented at an Affordable Rent. The Affordable Units will include the number of bedrooms shown on the following table: “Affordable Rent” shall mean rent for an Affordable Unit, including a Reasonable Utility Allowance, as determined in accordance with the applicable provisions of Code Section 42 and in a manner consistent with the maximum rents published by the California Tax Credit Allocation Committee (“TCAC”), applicable to low income housing funded with Low Income Housing Tax Credits. “Code” shall mean the Internal Revenue Code of 1986, as amended, and regulations promulgated pursuant thereto. “Low Income Household” shall mean persons and families who meet the income qualification limits as set forth in California Health and Safety Code Section 50079.5 and Title 25 of the California Code of Regulations, Section 6910, et. seq. as such statute and regulation are amended from time to time. “Reasonable Utility Allowance” shall mean a utility allowance for utilities paid by a tenant (not including telephone, internet, or cable service) determined by the California Utility Allowance Calculator. “Required Covenant Period” shall mean the period commencing on the date all units in the Apartment Community have been completed as evidenced by the City’s issuance of a final Certificate of Occupancy for the Apartment Community and ending as of the fifty-fifth (55th) anniversary thereof. “Very Low Income Household” shall mean persons and families who meet the income qualification limits as set forth in California Health and Safety Code Section 50105 and Title 25 of the California Code of Regulations, Section 6926, et. seq. as such statute and regulations are amended from time to time. Bedroom Size Very Low Income Household Units Low Income Household Units Two (2) Bedrooms 18 93 Three (3) Bedrooms 12 26 Item 1N-9 1.2 Rules of Construction. 1.2.1 The singular form of any word used herein, including the terms defined herein shall include the plural and vice versa. The use herein of a word of any gender shall include correlative words of all genders. 1.2.2 Unless otherwise specified, references to articles, sections, and other subdivisions of this Agreement are to the designated articles, sections, and other subdivisions of this Agreement as originally executed. The words “hereof,” “herein,” “hereunder,” and words of similar import shall refer to this Agreement as a whole. 1.2.3 All of the terms and provisions hereof shall be construed to effectuate the purposes set forth in this Agreement and to sustain the validity hereof. 1.2.4 Headings or titles of the several articles and sections hereof and the table of contents appended to copies hereof shall be solely for convenience of reference and shall not affect the meaning, construction, or effect of the provisions hereof. ARTICLE 2. ONGOING APARTMENT COMMUNITY OBLIGATIONS. 2.1 Apartment Community and Affordable Units. The Owner shall develop and construct the Apartment Community in conformity with City Council Resolution No. 05-104 and Resolution No. 05-105, City Council Ordinance No. 1102, and Planning Commission Resolution 2813. Thereafter, during the Required Covenant Period, the Owner agrees that not less than one hundred forty-nine (149) units in the Apartment Community shall be Affordable Units under this Agreement, meaning that such units shall be continually available to and occupied by, or held vacant for occupancy only by Low Income Households and Very Low Income Households. Upon completion of construction, all of the units in the Apartment Community shall be similarly constructed and all of the Affordable Units shall be generally constructed at the same time. At the time of initial construction, the Affordable Units shall be of comparable quality to similar apartment projects within the City which contain income restricted units. The Owner agrees that, to the extent commercially reasonable, Affordable Units will not be underutilized. No persons shall be permitted to occupy any Affordable Unit in excess of the applicable limit of maximum occupancy set by the City’s Municipal Code and the laws of the State of California. Item 1N-10 2.2 Residential Rental Property. The Owner covenants to operate the Apartment Community as residential rental property. During the Required Covenant Period, the Affordable Units will be held and used for the purpose of providing residential living, and the Owner shall own, manage and operate, or cause the management and operation of, the Apartment Community to provide such affordable rental housing. All of the units in the Apartment Community with the exception of one (1) manager unit will be available for rental on a continuous basis to members of the general public and the Owner will not give preference to any particular class or group in renting the units in the Apartment Community, except as required under this Agreement or other use or regulatory agreement recorded in connection with the Project bond financing or related tax credits. The Owner shall not convert any Affordable Unit(s) to condominiums or cooperative ownership or sell condominium or cooperative conversion rights to any Affordable Unit(s) during the term of this Agreement. 2.3 Low Income Households and Very Low Income Households. 2.3.1 Income Qualification; Initial Certification. Subject to the applicable provisions hereof, throughout the Required Covenant Period, the Affordable Units restricted by this Agreement will be exclusively occupied by, or available for occupancy only by Low Income Households and Very Low Income Households on a continuous basis. Prior to the rental or lease of an Affordable Unit and in accordance with Section 2.6 hereof, the Owner will obtain and maintain on file a Household Income Certification (“Income Certification”) substantially in the form attached hereto as Exhibit “B” and incorporated herein by this reference for each Low Income Household and Very Low Income Household, and shall provide copies of same to the City at such times as the City may, from time to time, reasonably require. In addition, the Owner will provide such further information as may reasonably be required in the future by the City. The Income Certification shall be dated immediately prior to the applicable household’s initial occupancy of an Affordable Unit. The Owner shall make a good faith effort to verify that the income provided by an applicant in an Income Certification is accurate by taking any one or more of the following steps as part of the verification process for all household members over the age of eighteen (18) as appropriate: (i) Obtain two (2) pay stubs for the two (2) most recent pay periods; (ii) Obtain a true copy of an income tax return for the most recent tax year in which a return was filed; (iii) Obtain an income verification form from the household member’s current employer; (iv) Obtain an income verification form from the Social Security Administration and/or the State Department of Social Services, or its equivalent, if the household member receives assistance from either of those agencies; (v) If the household member is unemployed and has no tax return, obtain another form of independent verification; or Item 1N-11 (vi) Obtain such other documentation as may be reasonably acceptable pursuant to Title 25 of the California Code of Regulations, as amended from time to time, to verify income. 2.3.2 Certificate of Continuing Program Compliance; Annual Report. Throughout the Required Covenant Period, the Owner will prepare and submit to the City, at such periodic frequency as the City might reasonably require, but not more than once annually, a Certificate of Continuing Compliance in substantially the form attached hereto as Exhibit “C” and incorporated herein by this reference, and executed by the Owner. The Owner will also prepare and submit to the City on or before each anniversary date of the commencement of the Required Covenant Period, and for the preceding calendar year, a report in form and substance reasonably satisfactory to the City summarizing the vacancy rate of the Apartment Community, including the number of Affordable Units held vacant for occupancy by Low Income Households and Very Low Income Households for such calendar year. 2.4 Affordable Rent. Throughout the Required Covenant Period, an Affordable Rent shall be charged to the Low Income Household and Very Low Income Household occupants of Affordable Units, as more specifically described above. 2.5 Rent Increases. Rents for Affordable Units may be increased not more than once per year and twelve (12) months must have elapsed since the date of the tenant’s initial occupancy or the last rent increase. The rents charged following such an increase, or upon a vacancy and new occupancy by a Low Income Household or Very Low Income Household shall not exceed an Affordable Rent. The Owner shall, consistent with applicable law, give proper written notice to tenants of all rent increases, and upon written request, provide the City with reasonable detail concerning the amount of and rationale for such rent increases. 2.6 Income Recertification of Affordable Units. Annually, on the anniversary date of occupancy of an Affordable Unit by a Low Income Household or Very Low Income Household, the Owner shall obtain and maintain on file an annual income certification, in form and substance reasonably satisfactory to the City, from each household occupying an Affordable Unit, based upon the current income of each household member over the age of eighteen (18). The Owner shall make a good faith effort to verify that the income provided by the household is accurate in accordance with Section 2.3.1, above. 2.6.1 A rental unit occupied by a household that qualifies as a Low Income Household or Very Low Income Household, as applicable, at the time the household first occupies an Affordable Unit shall be deemed to continue to be so occupied until a recertification of such household’s income demonstrates that such household no longer qualifies as a Low Income Household or Very Low Income Household. At such time as a household ceases to qualify as a Low Income Household or Very Low Income Household based on income recertification, the Owner shall designate the next available unit (one that is not occupied by a tenant) with the same number of bedrooms as the occupied Affordable Unit and it shall be rented or leased to a Low Income Household or Very Low Income Household, as appropriate, so that the number of Affordable Units occupied by or reserved for occupancy by Low Income Households or Very Low Income Households will remain constant. For purposes of this Agreement, such designated unit will be considered an Affordable Unit if it is held vacant and available solely for occupancy by a Low Income Household or Very Low Income Household, as appropriate, and, upon occupancy, Item 1N-12 the income eligibility of the household as a Low Income Household or Very Low Income Household is verified and the unit is rented at an Affordable Rent. 2.7 Lease or Occupancy Agreement. Prior to the rental or lease of an Affordable Unit to a Low Income Household or Very Low Income Household, the Owner shall require the tenant to execute a written lease or occupancy agreement. The Owner shall maintain on file throughout the Required Covenant Period and for a four (4) year period thereafter, the executed lease or occupancy agreement of each tenant occupying an Affordable Unit. The form of lease or occupancy agreement used by the Owner for the lease or rental of Affordable Units shall be that which is reasonable and customary in residential leasing. In addition, each lease or occupancy agreement for an Affordable Unit shall (i) provide that the tenants of such Affordable Unit shall be subject to annual recertification of income and subject to rental increases in accordance with Sections 2.5 and 2.6 of this Agreement, and (ii) contain a provision to the effect that the Owner has relied on the income certification and supporting information supplied by the tenant in determining qualification for occupancy of the Affordable Unit, and that any material misstatement in such certification (whether or not intentional) may be cause for immediate termination of such lease or occupancy agreement. 2.7.1 The Owner shall refrain from restricting the rental or lease of Affordable Units on the basis of race, color, religion, sex, marital status, disability, ancestry or national origin of any person. 2.7.2 The covenants established herein shall, without regard to technical classification and designation, be binding for the benefit and in favor of the City, and its successors and assigns, and shall burden and run with the Property. 2.7.3 The City is deemed to be the beneficiary of the terms and provisions of the covenants herein, both for and in its own right and for the purposes of protecting the interests of the community and other parties, public or private, for whose benefit these covenants running with the land have been provided. 2.8 Security Deposits. The Owner may require security deposits on Affordable Units in amounts which are consistent with applicable law. 2.9 Additional Information; Books and Records. The Owner shall provide any additional information concerning the Affordable Units reasonably requested by the City. The Owner will maintain complete and accurate records pertaining to the Affordable Units throughout the Required Covenant Period and for a four (4) year period thereafter. The City shall have the right upon written notice of no less than two (2) business days to the Owner, at any time during normal business hours of 9:00 am to 5:00 pm, to examine of all books, records or other documents maintained by the Owner or by any of the Owner’s agents which pertain to any Affordable Unit, including all executed leases or occupancy agreements and all Income Certifications, and obtain copies of any requested executed leases, occupancy agreements and Income Certifications within ten (10) business days following such examination and the City’s written request. 2.10 Specific Performance. The Owner hereby agrees that specific enforcement of the Owner’s agreement to comply with the allowable rent and occupancy restrictions and covenants contained Item 1N-13 herein is one of the reasons and consideration for the City having granted the approvals described in the recitals hereof and that, in the event of the Owner’s breach of such requirements, potential monetary damages to the City, as well as to existing and prospective Low Income Households and Very Low Income Households, would be difficult, if not impossible, to evaluate and quantify. Therefore, in addition to any other relief to which the City may be entitled as a consequence of the breach hereof, the Owner agrees to the imposition of the remedy of specific performance against it in the case of any event of default by the Owner in complying with any provision of this Agreement beyond any applicable notice and cure period. 2.11 Audit. The City shall have the right to perform a compliance audit of the Apartment Community to determine compliance with the provisions of this Agreement. Such audit shall not be undertaken more often than once each calendar year. All costs and expenses associated with the audit shall be paid by the Owner. Notwithstanding the foregoing, an audit by the City will not be required if owner is not in default hereunder or if the Owner promptly provides to the City Manager a copy of the annual audit it is required to submit to the California Tax Credit Allocation Committee and such audit is reasonably acceptable to the City in form and substance. 2.12 Management. The Owner and/or the management agent (if not the Owner) shall operate the Apartment Community in a manner that will provide decent, safe and sanitary residential facilities to the occupants thereof, and will comply with provisions of this Agreement. Upon the written request of the City, the Owner shall cooperate with the City in the periodic review (but not more than once each calendar year) of the management practices of the Affordable Units. The purpose of each periodic review will be to enable the City to determine if the Affordable Units are being operated and managed in accordance with the requirements and standards of this Agreement. Results of such City review shall be provided to the Owner, and the City shall have the authority to require the Owner to make modifications that are reasonably necessary to ensure the objectives of this Agreement are met. 2.13 Binding for Term. It is intended by the Parties that except as otherwise expressly provided herein the provisions of this Agreement shall apply to the Apartment Community throughout the entire term hereof, as established in Section 3.1 below. ARTICLE 3. TERM AND RECORDATION. 3.1 Term of Agreement. This Agreement shall remain in full force and effect for the Required Covenant Period, unless the Owner and the City agree, in writing, to terminate this Agreement prior to the expiration of the Required Covenant Period. Unless terminated earlier pursuant to the prior sentence of this Section 3.1, or Section 3.3 below, the Parties intend that the provisions and effect of this Agreement and specifically of Article 2 hereof, shall remain in full force and effect for the entire Required Covenant Period. 3.2 Agreement to Record. The Owner represents, warrants, and covenants that this Agreement will be recorded in the real property records of Riverside County. 3.3 Suspension of Restrictions. Notwithstanding the generality of the foregoing provisions of this Article 3 or any other provisions hereof, this Agreement and all of the terms and restrictions contained herein shall be suspended for any period of involuntary noncompliance as a result of Item 1N-14 unforeseen events such as fire or act of God which leaves a material portion of the Apartment Community uninhabitable and the proceeds of insurance available to the Owner as a result thereof are insufficient to reconstruct the Apartment Community, or a change in a federal or state law or an action by the federal government, the State or a court of competent jurisdiction, after the date of recordation hereof, that prevents the City from enforcing the provisions of this Agreement, or a condemnation or a similar event. ARTICLE 4. DEFAULT; REMEDIES. 4.1 An Event of Default. Each of the following shall constitute an “Event of Default” by the Owner under this Agreement: 4.1.1 Failure by the Owner to duly perform, comply with and observe any of the conditions, terms, or covenants of any agreement with the City concerning the Apartment Community, or of this Agreement, if such failure remains uncured sixty (60) days after written notice of such failure from the City to the Owner in the manner provided herein or, with respect to a default that cannot be cured within sixty (60) days, if the Owner fails to commence such cure within such sixty (60) day period or thereafter fails to diligently and continuously proceed with such cure to completion. However, if a different period or notice requirement is specified under any other section of this Agreement, then the specific provision shall control. 4.1.2 Any representation or warranty contained in this Agreement or in any application, financial statement, certificate, or report submitted by the Owner to the City proves to have been incorrect in any material respect when made. 4.1.3 A court having jurisdiction shall have made or rendered a decree or order: (i) adjudging the Owner to be bankrupt or insolvent; (ii) approving as properly filed a petition seeking reorganization of the Owner or seeking any arrangement on behalf of the Owner under the bankruptcy laws or any other applicable debtor’s relief law or statute of the United States or of any state or other jurisdiction; (iii) appointing a receiver, trustee, liquidator, or assignee of the Owner in bankruptcy or insolvency or for any of its properties; or (iv) directing the winding up or liquidation of the Owner, providing, however, that any such decree or order described in any of the foregoing subsections shall have continued unstayed or undischarged for a period of ninety (90) days. 4.1.4 The Owner shall have assigned its assets for the benefit of its creditors or suffered a sequestration or attachment or execution on any substantial part of its property, unless the property so assigned, sequestered, attached, or executed upon shall have been returned or released within ninety (90) days after such event (unless a lesser time period is permitted for cure hereunder) or prior to sale pursuant to such sequestration, attachment, or execution. If the Owner is diligently working to obtain a return or release of the property and the City’s interests hereunder are not imminently threatened in its reasonable business judgment, then the City shall not declare a default under this subsection. 4.1.5 The Owner shall have voluntarily suspended its business or dissolved. Item 1N-15 4.1.6 The seizure or appropriation of all or, in the reasonable opinion of the City, a substantial part of the Apartment Community, except for condemnation initiated by the City or any governmental agency or authority. 4.1.7 There should occur any default declared by any lender under any loan document or deed of trust relating to any loan made in connection with the Apartment Community, which loan is secured by a deed of trust or other instrument affecting the Apartment Community, and such default remains uncured following the expiration of any applicable cure period. 4.2 City’s Option to Lease. Upon the occurrence of an Event of Default, and to cause the Apartment Community to meet the requirements of this Agreement, the Owner hereby grants to the City the option to lease up to all of the units as necessary to achieve compliance with the provisions of Article 2 of this Agreement and for the purpose of subleasing such units in accordance with the requirements of this Agreement. The amount of rental to be paid by the City for such rental units following the exercise of the City’s option shall be equal to the applicable Affordable Rent. Any rental paid under any such sublease shall be paid to the City without obligation to pay any such rent to the Owner during the pendency of the Owner’s default. 4.3 City Remedies. The City shall have the right to mandamus or other suit, action or proceeding at law or in equity to require the Owner to perform its obligations and covenants under this Agreement or to enjoin acts or things which may be unlawful or in violation of the provisions hereof, provided that in any such case the City has first provided the required notice of any alleged default and the Owner has had the requisite opportunity to cure pursuant to Section 4.1.1, above. The City may not seek monetary damages against the Owner with respect to any failure of the Owner to perform its obligations and covenants under this Agreement. 4.4 Action at Law; No Remedy Exclusive. The City may take whatever action at law or in equity as may be necessary to enforce performance and observance of any obligation, agreement or covenant of the Owner under this Agreement. No remedy herein conferred upon or reserved by the City is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law, in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of such right or power, but any such right or power may be exercised from time to time and as often as the City may deem expedient. In order to entitle the City to exercise any remedy reserved to it in this Agreement, it shall not be necessary to give any notice, other than such notice as may be herein otherwise expressly required or required by law to be given. ARTICLE 5. GENERAL PROVISIONS. 5.1 Limitations on Recourse. Notwithstanding anything to the contrary contained in this Agreement, except in the event of fraud, waste, or illegal acts, or with regard to any indemnity obligations imposed upon the Owner under the terms of this Agreement, (i) no partner (other than the general partner), member, officer or director, as applicable, of the Owner (each, an “Owner Affiliate”) shall have any direct, indirect or derivative personal liability for the obligations of the Owner under this Agreement, and (ii) the City shall not exercise any rights or institute any action Item 1N-16 against any Owner Affiliate directly, indirectly or derivatively for the payment of any sum of money that is or may become payable hereunder. 5.2 Maintenance, Repair, Alterations. The Owner shall maintain and preserve the Apartment Community in good condition and repair and in a prudent and businesslike manner. The Owner shall comply with all laws, ordinances, rules, regulations, covenants, conditions, restrictions, and orders of any governmental authority now or hereafter affecting the conduct or operation of the Apartment Community or any part thereof or requiring any alteration or improvement to be made thereon. The Owner shall not commit, suffer, or permit any act to be done in, upon, or to the Apartment Community or any part thereof in violation of any such laws, ordinances, rules, regulations, or orders. The Owner hereby agrees that the City may conduct from time to time through representatives, upon reasonable notice of no less than twenty-four (24) hours, on-site inspections and observation of: (i) the maintenance and repair of the Apartment Community, including a review of all maintenance and repair programs and practices and all reports and records pertaining thereto, including records of expenditures relating thereto; and (ii) such other facilities, practices, and records of the Owner relating to the Affordable Units as the City reasonably deems to be necessary or appropriate in order to monitor the Owner’s compliance with the provisions of this Agreement. 5.3 Notices. All notices (other than telephone notices), certificates or other communications (other than telephone communications) required or permitted hereunder shall be sufficiently given and should be deemed given when personally delivered, when sent by facsimile (if confirmed by sending a copy of such transmission by mail the same calendar day), or forty-eight (48) hours following mailing by registered or certified mail, postage prepaid, or forty-eight (48) hours following transmission of such notice by express mail, Federal Express or similar commercial carrier, addressed as follows: If to the City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 Attn: Housing Division Phone: (760) 346-0611 Fax: (760) 341-6372 If to the Owner: Gerald Ford Apartments, LP c/o Western National Investments8 Executive Circle Item 1N-17 Irvine, California 92614 Attention: Chief Financial Officer Facsimile: (949) 862-6494 With a Copy to: Rutan & Tucker, LLP 18575 Jamboree Road, 9th Floor Irvine, California 92612 Attention: Randall M. Babbush Facsimile: (714) 546-9035 5.4 Relationship of Parties. Nothing contained in this Agreement shall be interpreted or understood by any of the Parties, or by any third persons, as creating the relationship of employer and employee, principal and agent, limited or general partnership, or joint venture between the City and the Owner or the Owner’s agents, employees or contractors, and the Owner shall at all times be deemed an independent contractor and shall be wholly responsible for the manner in which it or its agents, or both, perform the services required of it by the terms of this Agreement for the operation of the Apartment Community. The Owner has and hereby retains the right to exercise full control of employment, direction, compensation and discharge of all persons assisting in the performance of services hereunder. In regards to the on-site operation of the Apartment Community, the Owner shall be solely responsible for all matters relating to payment of its employees, including compliance with Social Security, withholding and all other laws and regulations governing such matters. The Owner agrees to be solely responsible for its own acts and those of its agents and employees. 5.5 No Claims. Nothing contained in this Agreement shall create or justify any claim against the City by any person the Owner may have employed or with whom the Owner may have contracted relative to the purchase of materials, supplies or equipment, or the furnishing or the performance of any work or services with respect to the operation of the Affordable Units. 5.6 Conflict of Interests. No member, official or employee of the City shall make any decision relating to this Agreement which affects his or her personal interests or the interests of any corporation, partnership or association in which he or she is directly or indirectly interested. No officer or employee of the Owner shall acquire any interest in conflict with or inimical to the interests of the City. 5.7 Non-Liability of City Officials, Employees and Agents. No member, official, employee or agent of the City shall be personally liable to the Owner, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Owner or successor in connection with this Agreement or on any obligation of the City under the terms of this Agreement. 5.8 Unavoidable Delay; Extension of Time of Performance. In addition to specific provisions of this Agreement, performance by either Party hereunder shall not be deemed to be in default where it is due to an “Unavoidable Delay.” “Unavoidable Delay” means a delay due to the elements (including unseasonable weather), fire, earthquakes or other acts of God, strikes, pandemics, labor disputes, lockouts, shortages of construction materials experienced generally in the construction industry in the local area, acts of the public enemy, riots, insurrections or Item 1N-18 governmental regulation of the sale or transportation of materials, supply or labor; provided, however, that to the extent a delay is caused by any other reason that the Owner reasonably believes is beyond its control, the Owner may request, on a case-by-case basis, that the City excuse any such delay as an Unavoidable Delay and the City shall make its determination as to whether such delay constitutes an Unavoidable Delay using its reasonable judgment. 5.9 Indemnity. The Owner shall indemnify, defend and hold harmless the City and all officials, employees and agents of City (with counsel reasonably satisfactory to the City) against any costs, liabilities, damages or judgments arising from claims or litigation of any nature whatsoever brought by third parties and directly or indirectly arising from the Owner’s ownership or operation of the Apartment Community, or the Owner’s performance of its obligations under this Agreement, and in the event of settlement, compromise or judgment hold the City free and harmless therefrom. Notwithstanding the foregoing, the indemnity provisions contained in this Section 5.9 shall not apply with respect to any costs, liabilities, damages or judgments arising directly or indirectly from the City’s rental of units within the Apartment Community as described in Section 4.2 hereof or otherwise from the gross negligence or willful misconduct of the City. The provisions of this Section 5.9 shall survive the term of this Agreement. 5.10 Rights and Remedies Cumulative. Except as otherwise expressly stated in this Agreement, the rights and remedies of the Parties are cumulative, and the exercise or failure to exercise one or more of such rights or remedies by either Party shall not preclude the exercise by it, at the same time or different times, of any right or remedy for the same default or any other default by the other Party. No waiver of any default or breach by the Owner hereunder shall be implied from any omission by the City to take action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the waiver, and such wavier shall be operative only for the time and to the extent therein stated. Waivers of any covenant, term, or condition contained herein shall not be construed as a waiver of any subsequent breach of the same covenant, term or condition. The consent or approval by the City to or of any act by the Owner requiring further consent or approval shall not be deemed to waive or render unnecessary the consent or approval to or of any subsequent similar act. The exercise of any right, power, or remedy shall in no event constitute a cure or a waiver of any default under this Agreement, nor shall it invalidate any act done pursuant to notice of default, or prejudice the City in the exercise of any right, power, or remedy hereunder or under any agreements ancillary or related hereto. 5.11 Applicable Law. This Agreement shall be interpreted under and pursuant to the laws of the State of California. 5.12 Severability. If any term, provision, covenant or condition of this Agreement is held in a final disposition by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall continue in full force and effect unless the rights and obligations of the Parties have been materially altered or abridged by such invalidation, voiding or unenforceability. 5.13 Legal Actions. In the event any legal action is commenced to interpret or to enforce the terms of this Agreement or to collect damages as a result of any breach thereof, the Party prevailing in any such action shall be entitled to recover against the Party not prevailing all reasonable Item 1N-19 attorneys’ fees and costs incurred in such action (including all legal fees incurred in any appeal or in any action to enforce any resulting judgment), as awarded by a court of competent jurisdiction. 5.14 Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the permitted heirs, administrators, executors, successors in interest and assigns of each of the Parties. Any reference in this Agreement to a specifically named Party shall be deemed to apply to any successor, heir, administrator, executor or assign of such Party who has acquired an interest in compliance with the terms hereof or under law. 5.15 Time of the Essence. In all matters under this Agreement, time is of the essence. 5.16 Approval by the City. Any approvals required under this Agreement shall be made by the City Manager or his or her designee, and shall not be unreasonably withheld, conditioned, delayed or made, except where it is specifically provided herein that another standard applies, in which case the specified standard shall apply. 5.17 Complete Understanding of the Parties. This Agreement and the attached Exhibits constitute the entire understanding and agreement of the Parties with respect to the matters described herein. 5.18 Covenants to Run With the Land. The Owner hereby subjects the Apartment Community to the covenants, reservations, and restrictions set forth in this Agreement. The City and the Owner hereby declare their express intent that the covenants, reservations, and restrictions set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner’s successors in title to the Apartment Community; provided, however, that on the termination of this Agreement said covenants, reservations and restrictions shall expire. Each and every contract, deed or other instrument hereafter executed covering or conveying the Apartment Community or any portion thereof shall conclusively be held to have been executed, delivered and accepted subject to such covenants, reservations and restrictions, regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instruments. No breach of any of the provisions of this Agreement shall defeat or render invalid the lien of a mortgage or deed of trust made in good faith and for value encumbering the Property or any interest of the Owner therein. 5.19 Burden and Benefit. The City and the Owner hereby declare their understanding and intent that: (i) the burden of the covenants, reservations, restrictions, and agreements set forth herein touch and concern the Property and the Apartment Community, in that Owner’s legal interest in the Apartment Community is rendered less valuable thereby, (ii) the covenants, reservations, restrictions, and agreements set forth herein directly benefit the Property and the Apartment Community (a) by enhancing and increasing the enjoyment and use of the Apartment Community by certain Low Income Households and Very Low Income Households, the intended beneficiaries of such covenants, reservations, restrictions, and agreements, (b) by making possible the obtaining of advantageous financing for the Property and the Apartment Community, and (c) by furthering the public purposes advanced by the City, (iii) the covenants, reservations, restrictions and agreements set forth herein shall run with the Property and shall be binding for the benefit of and enforceable by the City and its successors and assigns for the entire term of this Agreement, and (iv) the covenants, reservations, restrictions and agreements set forth herein and the encumbrance Item 1N-20 of the Agreement shall not be subordinate or subordinated to any deed of trust recorded against the Property without the prior written consent of the City Manager, which consent may be granted or withheld in the exercise of his sole and absolute discretion. 5.20 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. 5.21 Amendments. This Agreement may be amended only by the written agreement of the City and the Owner. [Remainder of this page intentionally left blank] [Signatures appear on next page] Item 1N-21 WHEREFORE, the undersigned has executed this Agreement as of the date first-above written. OWNER: GERALD FORD APARTMENTS, LP, a California limited partnership By: WNG Palm Desert LP, a California limited partnership, its administrative general partner By: Western National Investments, a California corporation, its general Partner By: Name: Jeffrey R. Scott Title: Chief Financial Officer By: Hearthstone CA Properties IV, LLC, a California limited liability company, its managing general partner By: Hearthstone Housing Foundation, a California non-profit public benefit corporation, its sole member and manager By: Name: Juan Maldonado Title: Vice President CITY: CITY OF PALM DESERT, a municipal corporation By: Name: Title: Mayor ATTEST: Anthony J. Mejia, City Clerk Item 1N-22 CALIFORNIA ALL-PURPOSE 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 _________________________, before me, , (insert name and title of the officer) 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 (Seal) Item 1N-23 CALIFORNIA ALL-PURPOSE 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 _________________________, before me, , (insert name and title of the officer) 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 (Seal) Item 1N-24 CALIFORNIA ALL-PURPOSE 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 _________________________, before me, , (insert name and title of the officer) 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 (Seal) Item 1N-25 EXHIBIT “A” LEGAL DESCRIPTION OF THE PROPERTY Real property in the City of Palm Desert, County of Riverside, State of California, described as follows: PARCEL A PARCEL 1 AS DEPICTED ON EXHIBIT "B" ATTACHED TO THAT CERTAIN PARCEL MAP WAIVER FOR LOT LINE ADJUSTMENT NO. 17-49 RECORDED AUGUST 24, 2017, AS INSTRUMENT NO. 2017-0353036 AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF LOT 14, AND A PORTION OF LOT 13 OF TRACT MAP NO. 33837-1, IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP FILED IN BOOK 402, PAGES 4 THROUGH 8, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS A WHOLE AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY TERMINUS OF THAT CERTAIN COURSE ALONG THE SOUTHWESTERLY LINE OF SAID LOT 13, DESCRIBED AS HAVING A BEARING AND DISTANCE OF NORTH 18°22'25 WEST 343.90 FEET ON SAID TRACT MAP; THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 18°22'25" WEST 100.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHWESTERLY LINE NORTH 71°10'24" EAST 178.56 FEET; THENCE NORTH 89°59'24" EAST 149.94 FEET TO THE GENERAL EASTERLY LINE OF SAID LOT 13; THENCE ALONG SAID GENERAL EASTERLY LINE, AND THE NORTHEASTERLY AND NORTHWESTERLY LINES OF SAID LOT 13, THE FOLLOWING EIGHT (8) COURSES: NORTH 00°00'00" EAST 171.95 FEET, NORTH 90°00'00" EAST 43.50 FEET, NORTH 00°00'00" EAST 113.00 FEET, NORTH 90°00'00" EAST 61.05 FEET, NORTH 00°00'00" EAST 55.95 FEET, NORTH 35°28'02" EAST 298.62 FEET, NORTH 54°31'58" WEST 358.33 FEET, AND SOUTH 35°28'02" WEST 210.39 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT 14; THENCE ALONG THE NORTHWESTERLY AND SOUTHWESTERLY LINES OF SAID LOT 14 AND SAID SOUTHWESTERLY LINE OF SAID LOT 13, THE FOLLOWING THREE (3) COURSES: Item 1N-26 CONTINUING SOUTH 35°28'02" WEST 480.04 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 1055.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS NORTH 70°25'44" EAST; THENCE SOUTHEASTERLY 22.05 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01°11'51"; THENCE SOUTH 18°22'25" EAST 280.82 FEET TO THE TRUE POINT OF BEGINNING. PARCEL B NONEXCLUSIVE DRAINAGE EASEMENTS AS SET FORTH IN THAT CERTAIN "DECLARATION OF COVENANTS REGARDING DRAINAGE OF SURFACE WATERS AND GRANT OF DRAINAGE EASEMENTS (SPANISH WALK)" RECORDED MAY 10, 2006, AS INSTRUMENT NO. 2006-0340313 OF OFFICIAL RECORDS. APN(S): 694-520-019 as to a Portion of said land 694-520-020 as to a Portion of said land Item 1N-27 EXHIBIT “B” HOUSEHOLD INCOME CERTIFICATION (Attached) Item 1N-28 HOUSEHOLD INCOME CERTIFICATION Item 1N-29 HOUSEHOLD INCOME CERTIFICATION Item 1N-30 HOUSEHOLD INCOME CERTIFICATION Item 1N-31 HOUSEHOLD INCOME CERTIFICATION Item 1N-32 HOUSEHOLD INCOME CERTIFICATION Item 1N-33 HOUSEHOLD INCOME CERTIFICATION Item 1N-34 HOUSEHOLD INCOME CERTIFICATION Item 1N-35 EXHIBIT “C” CERTIFICATE OF CONTINUING COMPLIANCE (Attached) Item 1N-36 Item 1N-37 Item 1N-38 Item 1N-39 Item 1N-40 Palm Desert Housing Authority Jessica Gonzales Housing Manager December 15, 2022 Gerald Ford Apartments, LP: Gerald Ford Apartments Housing Agreement Item 1N-41 Item 1N-42 Item 1N-43 Recommendation •Approve a Housing Agreement, substantially as to form,by andbetweentheCityofPalmDesert and Gerald Ford Apartments,aCalifornia Limited Partnership,(“Owner”), in accordance with theconditions of approval of the development of 150-units known asGeraldFordApartments,a multifamily rental housing project locatedat located at 75580 Gerald Ford Drive, Palm Desert, California (the“Project”). •Authorize the City Manager or his designee with consent of legalcounseltofinalizesuch Housing Agreement and documents asdescribedin the Agreement, or which are otherwise required,toeffectuate Housing Agreement. •Authorize the Mayor and/or City Manager to execute and allnecessary documents to facilitate the Housing Agreement and theCity Clerk to record.Item 1N-44 CITY OF PALM DESERT STAFF REPORT MEETING DATE: December 15, 2022 PREPARED BY: Stephanie Estrada, Housing Division Administrative Assistant I REQUEST: RESOLUTION TO AUTHORIZE DESTRUCTION OF OBSOLETE RECORDS FROM THE HOUSING DIVISION RECOMMENDATION: Adopt a Resolution authorizing the destruction of obsolete records from the Housing Division pursuant to the California Government Code Section 34090. BACKGROUND/ANALYSIS: Government Code Section 34090 permits the destruction of City records with the written consent of the City Attorney and approval of the City Council. The City’s records retention program, adopted on October 29, 2020, by Resolution No. 2020-76, establishes retention periods for all City records and provides for the systematic destruction of obsolete records. Attached is Exhibit “A” the Records Destruction Certificate which lists the records submitted for destruction. The Certificate will be reviewed and signed by the City Attorney as well as the City Clerk prior to destruction of all records. FINANCIAL IMPACT: Destroying obsolete records reduces the costs associated with offsite document storage and records management. REVIEWED BY: Department Director: Eric Ceja City Clerk: Anthony Mejia Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1. Resolution 2.Records Destruction Certificate – Exhibit “A” Item 1O-1 RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND AUTHORIZING THE DESTRUCTION OF RECORDS FROM THE HOUSING DIVISION, AS INDICATED ON THE RECORDS RETENTION SCHEDULE WHEREAS, the Housing Division of the City of Palm Desert, California, has records that have met or exceeded the retention period caused by the official files, records, exhibits, and other documents of said office pursuant to the Retention Schedule set forth on City Council Resolution No. 2020-76; and WHEREAS, said files are not the subject of any claim, litigation, investigation, or audit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: Section 1. That the above recitations are true and correct and constitute the findings of the City Council in this matter. Section 2. That it does hereby approve the destruction of all documents and records from files as set forth in Exhibit “A,” attached hereto, which have met or exceeded their retention period. Section 3. That the inaudible audio cassette recordings for the Rent Review Meeting, Palm Desert Mobile Estates evidentiary hearing, Silver Spur Community, Indian Springs Mobile Home Park evidentiary hearings, three untitled inaudible audio cassette (1998-2011) and Unsuccessful Bids, Unsuccessful Proposals or Responses to RFP’s (2010- 2012) have exceeded their retention period (Exhibit “A”). ADOPTED ON _________, 2022. ____________________________ JAN C. HARNIK MAYOR ATTEST: ________________________________ ANTHONY J. MEJIA CITY CLERK Item 1O-2 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 ______, 2022, by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSED: IN WITNESS WHEROF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on __________________, 2022. ________________________________ ANTHONY J. MEJIA CITY CLERK Item 1O-3 Request to Destroy Obsolete Records CITY OF PALM DESERT AUTHORITY TO DESTROY OBSOLETE RECORDS I consent to the destruction of these obsolete records according to accepted policies and procedures. City Clerk Date City Attorney Date Approved by City Council: XX/XX/XXXX Original: City Clerk’s Office Copy: Housing Division Dept. Retention No. Description of Record Years Covered Retention Period Shred or Discard Housing HS-017 Rent Review Meeting - Audio Recordings (Inaudible) 1999 - 2011 2 Years Discard Housing HS-017 Rent Review Board – Palm Desert Mobile Estates Evidentiary Hearings Audio Recordings (Inaudible) 1999 - 2000 2 Years Discard Housing HS-017 Rent Review Board – The Silver Spur Community Evidentiary Hearings Audio Recordings (Inaudible) 1997 - 2007 2 Years Discard Housing HS-017 Rent Review Board – Indian Springs Mobile Home Park Evidentiary Hearing Audio Recordings (Inaudible) 1998 - 2008 2 Years Discard Housing CW-009 Unsuccessful Bids, Unsuccessful Proposals or Responses to RFPs 2010 - 2012 2 Years Discard Item 1O-4 CITY OF PALM DESERT STAFF REPORT MEETING DATE: December 15, 2022 PREPARED BY: Christina Canales, Land Development Technician REQUEST: ACCEPT OFF-SITE IMPROVEMENTS, AUTHORIZE THE RELEASE OF BONDS FOR THE PORTA VIA PROJECT, AND ACCEPT A MAINTENANCE BOND RECOMMENDATION: 1.Accept off-site public improvements. 2.Authorize the Release of the Faithful Performance Bond in the amount of $80,261.78 and the Labor and Materials Bond in the amount of $80,261.78. 3.Accept the Maintenance Bond in the amount of $8,026.18. BACKGROUND/ANALYSIS: The Porta Via project site is located at 73100 El Paseo, Suites A & B, on the northeast corner of the intersection of El Paseo and Ocotillo Drive. The site is developed within a multi-tenant commercial building, which is part of The Shops on El Paseo retail development. The units were 3,700-square-foot of retail space, which was previously occupied by Escada. The project included a façade modification for a tenant improvement to convert the existing retail space into a 3,600-square-foot restaurant with an 1,100-square-foot dining terrace (MISC21- 0024). The existing building envelope was preserved. Additionally, the applicant completed off- site improvements, including modification of the existing driveway on El Paseo and installation of Americans with Disabilities Act (ADA) compliant curb returns. The applicant, Porta Via Palm Desert, LLC, received grading approvals on September 13, 2021, and submitted a Faithful Performance bond in the amount of $80,261.78 and a Labor and Materials bond in the amount of $80,261.78. On November 4, 2022, the Public Works Department verified the completion of all off-site improvements for this project. Additionally, the Engineer of Record has submitted a Letter of Certification verifying the completion of improvements. Pursuant to the Palm Desert Municipal Code Section 26.28.140, the City of Palm Desert requires the applicant guarantee improvements for a one-year (1) period after completion and submits a payment equivalent to ten percent (10%) of the Maintenance Bond prior to final acceptance of improvements by the City. The developer has submitted a cash deposit in the amount of $8,026.18, fulfilling this requirement. Staff recommends the City Council accepts all off-site public improvements, authorizes the release of the Faithful Performance Bond in the amount of $80,261.78 and the Labor and Material Item 1P-1 Bonds in the amount of $80,261.78, and accept the maintenance bond at ten percent (10%) in the amount of $8,026.18. Strategic Plan: This action has no impact on the Strategic Plan. FINANCIAL IMPACT: There is no financial impact associated with this action. REVIEWED BY: Department Director: Richard D. Cannone, AICP Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1.Vicinity Map 2.Faithful Performance and Labor and Material Bonds 3.Receipt for Maintenance Bond 4.Letter of Certification Item 1P-2 ATTACHMENT NO. 1 VICINITY MAP N Item 1P-3 Item 1P-4 Item 1P-5 Item 1P-6 Item 1P-7 Item 1P-8 Item 1P-9 Item 1P-10 Item 1P-11 Item 1P-12 Item 1P-13 Item 1P-14 Item 1P-15 Item 1P-16 Item 1P-17 Item 1P-18 Item 1P-19 Item 1P-20 Item 1P-21 Item 1P-22 Item 1P-23 Item 1P-24 Item 1P-25 Item 1P-26 Item 1P-27 Item 1P-28 Item 1P-29 Item 1P-30 Item 1P-31 Item 1P-32 Item 1P-33 Item 1P-34 Item 1P-35 Item 1P-36 DESCRIPTION ACCOUNT STATUS PAID PermitTRAK PG21-0017 Address: 73100 EL PASEO DR APN: 627192014 MAINTENANCE BOND GL-6100000-2280100 ORIGINAL $8,026.18 TOTAL FEES PAID BY RECEIPT: R52671 $8,026.18 Printed: Monday, November 28, 2022 3:32 PM Date Paid: Monday, November 28, 2022 Paid By: EL PASEO COLLECTION NORTH Pay Method: CHECK 4569 1 of 1 Cashier: RML Cash Register Receipt City of Palm Desert Receipt Number R52671 Item 1P-37 Item 1P-38 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: December 15, 2022 PREPARED BY: Shawn Muir, Senior Management Analyst REQUEST: ADOPT MEMORANDUM OF UNDERSTANDING WITH FRIENDS OF THE DESERT MOUNTAINS RECOMMENDATION: Adopt Memorandum of Understanding (MOU) with Friends of the Desert Mountains (FoDM). BACKGROUND/ANALYSIS: For over 35 years, FoDM has been a strategic partner of the City of Pam Desert. The FoDM organization was established in 1987 with the mission of preserving Coachella Valley lands and is the primary support entity for the Santa Rosa and San Jacinto Mountains National Monument (National Monument). FoDM and City staff have worked together on trailhead maintenance, trail management, and public engagement activities. It has been identified that this mutually beneficial but informal relationship needs to be formalized to foster further cooperation, mutual expectations, and protect the liability of both organizations. The attached MOU provides a background of each organizations’ interest in the expansive Palm Desert trail system. It identifies each of the five trails, a mutual purpose, and confirms the City’s authority to grant FoDM access to City property for improvements. In addition to outlining expectations for each organization, the MOU describes liability and insurance requirements. The final draft MOU is for a five-year term with one five-year extension, and has been reviewed by the City Attorney, the California Joint Powers Insurance Agency, the FoDM attorney, and the FoDM Executive Board. Strategic Plan: Parks & Recreation – Priority 1: “Prepare for the financial requirements of maintaining existing parks to the highest level of service. Planning efforts shall also address future costs of replacement and growth of the parks capital improvement fund.” Parks & Recreation – Priority 2: “Assure a continuing flow of innovative ideas by seeking creative partnerships, ensuring adequate staffing, and encouraging resident input.” Commission Recommendation: The Parks and Recreation Commission learned about the City’s efforts to formalize its relationship with FoDM during its September 13, 2022 meeting. Tammy Martin, Executive Director of FoDM also provided an overview. A final draft of the MOU was presented to the Parks and Recreation Commission during the October 11, 2022 meeting. There were no comments provided by the Commissioners. Item 1Q-1 City of Palm Desert Adopt MOU with Friends of the Desert Mountains Page 2 of 2 FINANCIAL IMPACT: Friends of the Desert Mountains is a nonprofit organization that maintains budgets for trail management and maintenance within the National Monument. The MOU requires FoDM to submit an annual funding request to fulfill tasks within the MOU. $25,000 has been allocated annually specifically for trailhead maintenance and improvements in Account No. 1104610- 430920000. The account has a current balance of $5,000 remaining for trailhead maintenance. Any overage will be offset with savings from other accounts. Therefore, no additional impact to the general fund is anticipated. Future expenses will be considered and budgeted accordingly during the annual budget review process. REVIEWED BY: Department Director: Martin Alvarez Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1.Memorandum of Understanding 2.Vicinity and Jurisdiction Map 3. Photos Item 1Q-2 Page 1 of 5 MEMORANDUM OF UNDERSTANDING between CITY OF PALM DESERT and FRIENDS OF THE DESERT MOUNTAINS This Memorandum of Understanding (hereinafter referred to as “MOU”) is between the City of Palm Desert (hereinafter referred to as “City”) and Friends of the Desert Mountains (hereinafter referred to as “FODM”) and is effective December 15, 2022 (“Effective Date”). BACKGROUND The Santa Rosa and San Jacinto Mountains National Monument (hereinafter referred to as “National Monument”) is located in southern California and includes a portion of the City of Palm Desert. The National Monument was established by an Act of Congress on October 24, 2000, "in order to preserve the nationally significant biological, cultural, recreational, geological, educational, and scientific values found in the Santa Rosa and San Jacinto Mountains" (Public Law 106-351). The National Monument encompasses lands under the jurisdiction of the City, State of California, Agua Caliente Band of Cahuilla Indians, other local governments, private citizens, and nongovernmental organizations. (See attached map) FODM was established in 1987. The mission of FODM is to preserve land and to act as the primary nonprofit support organization for the National Monument. In this capacity, FODM supports education, conservation, and research in the National Monument in recognition of the National Monument’s contributions to the quality of life in the Coachella Valley. FODM also acquires land in the National Monument to help conserve the significant biological, cultural, recreational, geological, educational, and scientific values found there. The City has trails as part of its Parks and Recreation programming to offer a variety of recreational opportunities for hiking enthusiasts as well as those who simply love the outdoors and the rich history of the City and the National Monument. The City takes pride in its parks and constantly works to improve its recreational facilities. The Parks and Recreation Department's highest priority is to meet the City’s goal of advancing the quality of life in the City’s neighborhoods by delivering consistent services, maintaining the safety and appearance of city parks and recreation facilities, and inspiring community pride. The Envision Palm Desert —> Forward Together 2013-2033 Strategic Plan envisions parks, open spaces, and recreational opportunities as drivers of innovation and a high quality of life. FODM and the City have a mutual interest in efficiently and effectively managing public lands which benefit the residents of the City, specifically: 1.Hopalong Cassidy-Mike Schuler “Bump and Grind’ Trailhead located behind the Desert Crossing shopping center; 2.Cahuilla Hills Park Trailhead, located off Edgehill Drive, which provides direct access to the Gabby Hayes and Herb Jeffries Trails, and the Kathleen S. and G. George Fox Hiking Park; 3.Cap Homme and Ralph Adams Park Trailhead, located off Thrush Road, which provides direct access to the Homestead Trail; Item 1Q-3 Page 2 of 5 4.Randall Henderson Trailhead, located south of the Monument Visitor Center; and 5.Art Smith Trailhead located, southwest of the Monument Visitor Center.; Collectively hereinafter, “Trails”. Trails located on or adjacent to City lands require regular maintenance to keep these spaces operational for the benefit of City residents and visitors. In addition, improvements may be necessary, such as addition of waste receptacles, drinking fountains, restrooms, paths and gates. The City and FODM currently work cooperatively to maintain and improve the National Monument’s trails and trailheads located in and near the City. Memorandums of Understanding have been executed between the City and the U.S. Department of the Interior, Bureau of Land Management, Palm Springs-South Coast Field Office (hereinafter referred to as “BLM”) in the past. These MOUs were primarily focused on law enforcement needs, and authorized City contracts that included monetary contributions from the City to the BLM for assistance with operation and maintenance of the National Monument Visitor Center and labor costs related to law enforcement patrols. PURPOSE This MOU establishes a cooperative arrangement between the City and FODM regarding the management of the National Monument on and near City jurisdiction. The intent of this MOU is to formalize the existing relationship between the City and FODM to maintain recreational and educational opportunities for tourists and local residents, to conserve natural and cultural resources, and to protect public property. AUTHORITIES 1.City has authority to grant FODM access to their lands for improvements. AGREEMENT 1.FRIENDS OF THE DESERT MOUNTAINS SHALL: A.Continue to assist the City with removal of trash on Trails B.Continue to assist the City with graffiti removal C.Continue to assist the City with maintenance of Trails D.Continue to assist the City with repairs of Trails E.Ensure that trail signage remains in good condition and is consistent with the visual design standards set by the City of Palm Desert and/or Bureau of Land Management as it relates to the National Monument. F.Provide a request for funding needed to perform maintenance activities on trails which originate at trailheads located within the City. G.The above may be accomplished by volunteers, board members, or employees of FODM, at the discretion of FODM. 2.THE CITY OF PALM DESERT SHALL: Item 1Q-4 Page 3 of 5 A.Provide financial support to FODM for the purpose of maintaining trails whose trailheads are located within and near the City, as requested in writing up to once annually by FODM, and as approved by the City Council in their sole discretion. B.Maintain landscaping and infrastructure, such as drinking fountains, restrooms, paths, and gates at trailhead facilities. C.Provide, install, and regularly empty waste receptacles at trailheads. D.Provide supplemental support for graffiti removal as requested by FODM and approved by the City in their sole discretion. E.Provide and use special equipment as needed for trailhead and/or trail maintenance or improvement. F.Waive facility rental fees for up to three (3) FODM events annually to be held at City facilities. The location of the events shall be approved by the City. 3.FODM AND THE CITY SHALL: A.Attend Parks and Recreation meetings, as frequently as both parties mutually decide is necessary and at least once per month, to discuss management needs and other information relevant to the National Monument HOLD HARMLESS. The City agrees to defend, indemnify, protect, and hold FODM and its agents, officers, volunteers and employees harmless from and against any and all claims asserted, or liability established, for damages or injuries to any person or property, including injury to City employees, agents, or officers, which arise from or are caused by, the acts or omission of the City and its agents, officers, or employees in performing the work or services herein described, and all expenses of investigating and defending against same, provided, however, that the City’s duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of FODM, its agents, officers, or employees. FODM shall, at its own cost, provide insurance, during the entire term of this Agreement, including any extension thereof. All insurance is to be placed with insurers authorized to do business in the State of California. Insurance shall include the following (or broader) coverage: a.Commercial General Liability Insurance written on an occurrence basis of at least $1,000,000 per occurrence/$2,000,000 aggregate including ongoing operations, products and completed operations, property damage, bodily injury, personal and advertising injury, and premises/operations liability. i.Coverage for Commercial General Liability insurance shall be at least as broad as Insurance Services Office Commercial General Liability coverage form (Occurrence Form CG 00 01) or exact equivalent. ii.The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products and completed operations liability; or (4) contain any other exclusion contrary to the MOU. Item 1Q-5 Page 4 of 5 The policy shall be endorsed to name the City of Palm Desert, its employees, directors, officers, agents, and volunteers as additional insureds using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. FODM agrees to defend, indemnify, protect, and hold the City and its agents, officers, and employees harmless from and against any and all claims asserted, or liability established, for damages or injuries to any person or property, including injury to FODM employees, agents, or officers, which arise from or are caused by, the acts or omission of FODM and its agents, officers, or employees in performing the work or services herein described, and all expenses of investigating and defending against same, provided, however, that FODM’s duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers, or employees. The City shall, at its own cost, provide insurance, during the entire term of this Agreement, including any extension thereof. All insurance is to be placed with insurers authorized to do business in the State of California. Insurance shall include the following (or broader) coverage: a.Commercial General Liability Insurance written on an occurrence basis of at least $1,000,000 per occurrence/$2,000,000 aggregate including ongoing operations, products and completed operations, property damage, bodily injury, personal and advertising injury, and premises/operations liability. i.Coverage for Commercial General Liability insurance shall be at least as broad as Insurance Services Office Commercial General Liability coverage form (Occurrence Form CG 00 01) or exact equivalent. ii.The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products and completed operations liability; or (4) contain any other exclusion contrary to the MOU. The policy shall be endorsed to name FODM, its employees, directors, officers, agents, and volunteers as additional insureds using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. TERMS AND MODIFICATIONS 1.This MOU shall be in effect from the Effective Date for 5 years or until modified by the parties in writing, whichever occurs first, and may be renewed for an additional 5 years thereafter upon written approval by FODM and the City. 2.Funding may be requested annually in writing by FODM for consideration by the City. The City may, but is not obligated to, provide funding in support of this MOU and the activities contained herein. 3.The terms of this MOU are negotiable at any time by both parties and written amendment. Either party may terminate this MOU upon giving the other party 60 days advance written notice. Item 1Q-6 Page 5 of 5 4.This MOU does not in any manner affect the City’s commitments as a signatory to the Coachella Valley Multiple Species Habitat Conservation Plan and Santa Rosa and San Jacinto Mountains Trails Plan. SIGNATURES Approved by: _____________________________________ Date: ______________ JAN C. HARNIK Mayor City of Palm Desert Approved by: _____________________________________ Date: ______________ TAMMY MARTIN Executive Director Friends of the Desert Mountains Attest: _____________________________________ ANTHONY J. MEJIA, City Clerk Approved as to form by: _____________________________________ Date: ______________ ROBERT HARGREAVES Attorney City of Palm Desert Item 1Q-7 DEEP CANYON RDEL PASEOEL PASEO FAIRWAY DR FRED WARING DR HAYSTACK RD HW Y 1 1 1 HWY 111 HWY 74HWY 74HWY 74MAGNESIA FALLS DR MESA VIEW DR MONTEREY AVEMOUNTAIN DR PORTOLA AVEPORTOLA AVEPORTOLA AVESAN PABLO AVESHADOWTOWN CENTER WAYDEEP CANYON RDEL PASEOEL PASEO FAIRWAY DR FRED WARING DR HAYSTACK RD HW Y 1 1 1 HWY 111 HWY 74HWY 74HWY 74MAGNESIA FALLS DR MESA VIEW DR MONTEREY AVEMOUNTAIN DR PORTOLA AVEPORTOLA AVEPORTOLA AVESAN PABLO AVESHADOWTOWN CENTER WAYI VICINITY MAP Santa Rosa and San Jacinto National Monument Palm Desert City Boundary Item 1Q-8 Attachment 3 – Friends of the Desert Mountains Memorandum of Understanding 1 Item 1Q-9 Attachment 3 – Friends of the Desert Mountains Memorandum of Understanding 2 Item 1Q-10 CITY OF PALM DESERT STAFF REPORT MEETING DATE: December 15, 2022 PREPARED BY: Christina Canales, Land Development Technician REQUEST: ADOPT A RESOLUTION APPROVING FINAL SUBDIVISION MAP OF TRACT MAP 37639 RECOMMENDATION: Adopt a Resolution approving Final Tract Map No. 37639. BACKGROUND/ANALYSIS: On January 27, 2022, the City Council approved Tentative Tract Map 37639 Amendment No. 1 for condominium purposes by Resolution No. 2022-09, a request by Desert Wave Ventures, LLC (Solano Beach, CA) for the development of a surf lagoon and surf center (restaurant, bar, retail, and support facilities), up to 350-room hotel, and 88 residential villas on 17.69 acres located within the Desert Willow project. The Final Subdivision Map of Tract Map No. 37639 conforms to all application requirements of the Subdivision Map Act and the City’s ordinances. The Final Map has been deemed technically correct by the City Engineer, and the Conditions of Approval in Resolution No. 2022-09 have been satisfied. In addition, Desert Wave Ventures, LLC, has provided a written statement from the bonding company guaranteeing the bond amounts for grading and off-site improvements, including the installation of a traffic signal at Cook Street and Market Place and public parking improvements (Attachment 7). The submission of improvement bonds will occur after the completion of the sale of the property pursuant to the stipulations in the revised and restated Disposition and Development Agreement (DDA) between the City of Palm Desert and Desert Wave Ventures, LLC. Strategic Plan: This action has no impact on the Strategic Plan. FINANCIAL IMPACT: Once the proposed public streets are completed and accepted, their long-term maintenance will be the responsibility of the City of Palm Desert as stipulated in the DDA between the City of Palm Desert and Desert Wave Ventures, LLC. REVIEWED BY: Department Director: Richard D. Cannone, AICP Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman Item 1R-1 ATTACHMENTS: 1. Resolution No. 2022-____ 2. Conditions of Approval of Resolution No. 2022-09 3. Tentative Tract Map 37639 4. Final Tract Map 37639 5. Draft Grading Agreement 6. Draft Subdivision Improvement Agreement 7. Draft Subdivision Improvement Agreement & Grading Bonds Item 1R-2 RESOLUTION NO. 2022-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL SUBDIVISION MAP OF TRACT MAP 37639 WHEREAS, Tract Map conforms to the requirements of the Subdivision Map Act and City Ordinances; and WHEREAS, the Final Subdivision Map of Tract Map 37639 has met the Conditions of Approval for this project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: SECTION 1. That the foregoing Recitals are true and correct and are incorporated herein by this reference. SECTION 2. The Final Subdivision Map of Tract 37639 City of Palm Desert, California, is hereby approved as the official map of said tract, subject to the conditions of the Tentative Map. SECTION 3. The Director of Development Services is directed to process the Parcel Map for recording as stipulated in the Disposition and Development Agreement (DDA) for said project. ADOPTED ON ________________, 2022. JAN C. HARNIK MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK Item 1R-3 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 ______________, 2022. ANTHONY J. MEJIA CITY CLERK Item 1R-4 CITY COUNCIL RESOLUTION NO.2022-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING TO AMEND THE DSRT SURF SPECIFIC PLAN, PRECISE PLAN, TENTATIVE TRACT MAP, AND AN ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORT (EIR). CASE NOS. SP 18-0002/PP 18-0009/ TTM 37639 AMENDMENTS NO. 1 WHEREAS, the DSRT SURF Project ("DSRT SURF" or "Project') was approved by City Council on November 14, 2019, by Resolution No. 2019-82, a project including a six - acre surf lagoon and surf center facilities to include a restaurant, bar, retail, up to 350 hotel rooms, and up to 88 residential villas on a 17.69 acres site within the Desert Willow Golf Resort, including a Specific Plan ( SP 18-0002), Precise Plan (PP 18-0009), Tentative Tract Map (TTM 37639), a certification of an EIR, and a Disposition and Development Agreement DDA); and WHEREAS, pursuant to CEQA and the State CEQA Guidelines, the City Council adopted Resolution No. 2019-83 on November 14, 2019, certifying the DSRT SURF EIR SCH No. 2019011044), Mitigated Monitoring and Reporting Program, and adopted a Statement of Overriding Consideration in evaluating potentially adverse environmental impacts; and WHEREAS, on February 4, 2021, Desert Wave Ventures, LLC applied for amendments to the SP 18-0002, PP 18-0009, and TTM 37639, including an addendum to the EIR for the development of a 5. 5-acre surf lagoon and surf center facilities, 92 hotel rooms, 83 residential units, circulation, parking, and landscaping constructed on 17.69 acres within the Desert Willow Golf Resort, and an offsite parking location in close proximity; and WHEREAS, on December 21, 2021, the Planning Commission conducted a duly noticed public hearing and adopted Resolution No. 2802, recommending approval of the amended project to the City Council; and WHEREAS, the City Council of the City of Palm Desert, California, did on January 27, 2022, hold a duly noticed public hearing to consider the request for approval of the amended DSRT SURF SP, PP, TTM, an addendum to the EIR, and a DDA for the above - noted project; and WHEREAS, all of the findings, recommendations, and conclusions made by the City Council pursuant to this Resolution are based upon the oral and written evidence presented to it as a whole and not based solely on the information provided in this Resolution; and WHEREAS, prior to taking action, the City Council has heard, been presented with, reviewed, and considered all of the information and data in the administrative record, including by not limited to the findings of the addendum to the EIR, SP, PP, TTM, and DDA, all of which is incorporated herein by this reference; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. 1 Item 1R-5 CITY COUNCIL RESOLUTION NO.2022-09 WHEREAS, the City Council has not received any comments or additional ' information that constituted substantial new information requiring recirculation or additional environmental review under Public Resources Code Sections 21166 and 21092.1 and State CEQA Guidelines section 15088.5; 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, the City Council did find the following facts and reasons to exist to justify the approval of said request: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: SECTION 1. Recitals. The City Council hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution. SECTION 2. Compliance with the California Environmental Qualitv Act. State CEQA Guidelines section 15164 requires lead agencies to prepare an addendum to a previously certified EIR if some changes or additions to the Project are necessary, but none of the conditions requiring preparation of a subsequent EIR are present. The City Council has reviewed and considered the 2019 EIR and the 2021 Addendum and finds that these documents taken together contain a complete and accurate reporting of all the potential environmental impacts associated with the DSRT SURF Project. The City Council further finds that the 2021 Addendum has been completed in compliance with CEQA and the State CEQA Guidelines. The City Council further finds and determines that the Addendum reflects ' the City's independent judgment. SECTION1. Based on the substantial evidence set forth in the record, including but not limited to the 2019 EIR and the 2021 Addendum, the City Council finds that an addendum is an appropriate document for disclosing the changes to the DSRT SURF Project and that none of the conditions identified in Public Resources Code section 21166 and State CEQA Guidelines section 15162 requiring subsequent environmental review have occurred, because: 1. The amended DSRT SURF Project does not constitute a substantial change that would require major revisions of the 2019 EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. 2. There is not a substantial change with respect to the circumstances under which the DSRT SURF Project will be developed that would require major revisions of the 2019 EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects. 3. New information of substantial importance has not been presented that was not known and could not have been known with the exercise of reasonable diligence at the time the 2019 EIR was certified or adopted, showing any of the following: (i) that the modifications would have one or more significant effects not discussed in the ' earlier environmental documentation; (ii) that significant effects previously examined would be substantially more severe than shown in the earlier environmental documentation; (iii) that mitigation measures or alternatives 2 Item 1R-6 CITY COUNCIL RESOLUTION NO.2022-09 previously found not to be feasible would, in fact, be feasible and would substantially reduce one or more significant effects, but the applicant declined to adopt such measures; or (iv) that mitigation measures or alternatives considerably different from those analyzed previously would substantially reduce one or more significant effects on the environment, but which the applicant declined to adopt. SECTION 4. The City Council readopt those mitigation measures identified in the 2019 EIR applicable to the DSRT SURF Project and as detailed specifically in the Mitigation Monitoring and Reporting Program ("MMRP") prepared for the EIR. SECTION 6. The 2019 EIR and the 2021 Addendum, and any other documents and materials that constitute the record of proceedings upon which these findings have been based are on file and available for public review at Palm Desert City Hall, 73510 Fred Waring Drive, Palm Desert, California 92260. The custodian of these records is Norma I Alley, the City Clerk of the City. SECTION 7. Findinas for Recommended ADoroval of Specific Plan. 1. The DSRT SURF Specific Plan, as proposed, is consistent with the goals and policies of the Palm Desert General Plan, including that the Project provides a unique resort destination and sports facility consistent with the intent of the Resort and Entertainment District. On November 14, 2019, the City Council approved DSRT SURF Specific Plan (SP 18-0002) by Resolution 2019-82 governing the land uses, development standards, and design guidelines for the site and determining that the specific plan demonstrated compatibility of the applicable goals, policies, and programs contained in the General Plan. The General Plan land use designation of Resort and Entertainment District allows development for entertainment and resort destination uses, drawing visitors to the site. The amendment to the specific plan includes operational function changes and revisions to the development standards, none of which increases the density or intensity of the Project. The compatibility of the General Plan established in the original approval of the Project remains unchanged. The DSRT SURF Specific Plan is not detrimental to the health, safety, or general welfare or will be materially injurious to the surrounding properties or improvements in the City of Palm Desert. The amendment to the DSRT SURF Specific Plan is suitable and appropriate for the location, access, and topography for development because the intent of Desert Willow is to provide resort -style development. The site has been previously mass graded and identified for future resort -style development, all infrastructure to support the Project is nearby, and improvements to infrastructure to support the Project are feasible, and access to the site has been studied and is deemed sufficient to support the Project. 3. The amendments to the DSRT SURF Specific Plan are compatible with the zoning of adjacent properties and ensures the development of desirable character is harmonious with surrounding properties because the intent of Desert Willow is to provide a resort -style development. The Project was approved with a density of 15 dwelling units per acre (maximum 88 residential units), the amendment to the DSRT SURF Specific Plan does not change the density nor Item 1R-7 CITY COUNCIL RESOLUTION NO.2022-09 the intensity of the Project. In fact, the construction of the Project will only contain ' 83 residential units, which is under the maximum allowed. In addition, the approved specific plan allows for a 350-room hotel, and the Project will construct only a 92-room hotel. The new structures incorporate compatible and integrated architecture, materials and colors, and are not visually obstructive or disharmonious with surrounding areas or harm major views from adjacent properties. The grading design would not result in any manufactured slopes or pads that create any significant adverse visual or compatibility impacts with adjacent lots, nor block any significant views. The Project is supported by adequate public facilities and transportation systems and is a compatible use, type, and intensity with the surrounding areas. SECTION 8. Findinas for Recommended Aooroval of Tentative Mao. 1. That the density of the proposed subdivision is consistent with applicable general and specific plans. The amendment to the Project is consistent with the goals, objectives, and policies of the Palm Desert General Plan ("General Plan"). The General Plan land use designation is Resort and Entertain District that allows development for entertainment and resort destination uses, drawing visitors to the site. General Plan Land Use Policy 4.1 encourages unique resort complexes within the city. The Project is a resort destination attraction of a surf lagoon with residential ownership units that complement the Project. The subdivision includes 17.69 ' acres into five (5) parcels, each to accommodate its respective uses, including the surf lagoon, hotel and surf center, stack flats including the clubhouse, and villas that are consistent with the General Plan. 2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. The amendment to the Project and its design and improvements are consistent with the General Plan and comply with the development standards of the Specific Plan. In addition, the lots accommodate the building pads, internal and external streets, drainage, utilities, and adequate access from Desert Willow. 3. That the site is physically suitable for the type of development. The site is physically suitable for the type of development for the Project. The Project is a resort development that is physically suitable for the site and is consistent with the intent of the specific plan and compatible with the surrounding uses, which include a golf course, amenities as well as existing resort -style residential units. The Project site is a 17.69-acre site; the parcel is adequate to accommodate the 5.5-acre surf lagoon, surf center and facilities, hotel, and residential units with adequate access and roadways, infrastructure, utilities, and drainage facilities. , 4. That the site is physically suitable for the proposed density of development. rd Item 1R-8 CITY COUNCIL RESOLUTION NO.2022-09 The site is physically suitable for the density allowance of 15 units per acre as specified in the DSRT SURF Specific Plan resulting in 88 residential units. The Project amendments include 83 units which are less than the maximum density and comply with the applicable development standards of the specific plan making it suitable for the site. 5. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. The amended design of the subdivision or the improvements contemplated for the Project are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The certified Environmental Impact Report (EIR), SCH# 2019011044, addresses the environmental impacts associated with the Project, including those impacts that could cause substantial environmental damage. There are no known fish, wildlife habitats, or other endangered species on the subject site. No environmental impacts are identified which substantially and avoidably injure fish, wildlife, or their habitat. 6. That the design of the subdivision or type of improvements is not likely to cause serious public health problems. The amended design of the subdivision or type of improvements for the Project are not likely to cause serious public health problems. The conditions of approval ensure all common area structures, landscaping, sidewalks, parking lot surfacing, and all other improvements within the Project must be continually maintained in good condition and repair, all dead or dying landscape material must be replaced with new landscape material, and a security construction plan must be submitted. Compliance with these conditions will prevent the subdivision and its improvements from causing any public health problems for those that enter the development. Storm drainage, sanitary sewer, water, streets, and all utilities are available to the site and have the capacity to accommodate the Project. The subdivision has been designed so the parcels have the necessary infrastructure to adequately serve the development, and all uses as allowed by the zoning ordinances that regulate the Project. 7. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the planned subdivision. The amended design or type of improvements will not conflict with easements acquired by the public at large for access through or use of the property within the subdivision. Public utilities for electricity, water, sewer, telecommunications, and gas service have all been assessed for availability. The access points to the Project have been reviewed and approved by the Fire Department and Public Works as part of the overall Project includes easements for roadways, drainage facilities, and utilities that will be recorded in the final map. There are no known 5 Item 1R-9 CITY COUNCIL RESOLUTION NO.2022-09 public easements traversing the subject site that would be adversely affected by ItheProject. SECTION 9. Findinas for Recommended ADoroval of Desian Review (Palm Desert Municioal Code Section 25.68.040. That the proposed development conforms to any legally adopted development standards. The DSRT SURF Specific Plan has land use allowances inclusive of a maximum of the six -acre lagoon, 35,000 square feet surf center, 350 rooms for a hotel, 88 residential units, a clubhouse of 3,125 square feet, and 15,000 square feet for maintenance and equipment buildings. The amendment to the DSRT SURF Specific Plan includes height maximums of 50 feet for buildings and an additional 15 feet to accommodate architectural features and related roof equipment and apparatus. The Project includes a 5.5-acre lagoon, a 7,263-square-foot surf center (26 feet in height), a four-story, 92-room hotel (55 feet in height), 83 residential units (ranging from 26 feet and 6 inches to 37 feet and 9 inches), 1,494-square-foot clubhouse (24 feet 6 inches in height), and 4,909 square feet of maintenance buildings (15 feet in height). The land uses and heights specified above are all within the allowances of the DSRT SURF Specific Plan. The building lot coverage maximum is 50 percent; the project site proposes 19.9 percent, which is within the required allowance. The setback requirements for the ' commercial component and residential components meet the minimum setback requirements of the DSRT SURF Specific Plan. The Desert Mid -Century Modern architecture theme is continuous throughout the site with varying architectural elements and high -quality materials, including the incorporation of indoor and outdoor spaces that meets the architecture characteristics required by the DSRT SURF Specific Plan. The on -site parking, including the podium parking within the hotel and integrated garages for the residential units, provides for the 443 required parking spaces. In addition, Lot E will be improved to include approximately 288 parking spaces, which will have valet services to the Project. The Project proposes all landscape remain as low water usage desert landscaping for the entirety of the Project, including the perimeter. The Project uses conforms to all the requirements of the DSRT SURF Specific Plan and all other applicable requirements as conditioned. 2. That the design and location of the proposed development and its relationship to neighboring existing or proposed developments and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood; and that it will not unreasonably interfere with the use and enjoyment of neighboring existing or proposed developments and that it will not create traffic hazards or congestion. The amended Project has been designed as a destination point, including a surf lagoon, surf center avid amenities, hotel, and residential units, which are , compatible uses within a resort development. The proposed Project is located within the Desert Willow Golf Resort, which features a mix of resort development 0 Item 1R-10 CITY COUNCIL RESOLUTION NO. 2022-09 and existing residential units, including a mixture of timeshares and multifamily units. The Project includes a DSRT SURF Specific Plan, which regulates land uses and provides development standards to ensure there is continuity of architectural style and regulation of density and heights of buildings; therefore, does not impair the desirability of investment. The Environmental Impact Report for the Project provided a Traffic Impact Analysis that reviewed the traffic impact, including circulation, traffic hazards, and congestion of the uses and operation of the site, which resulted in mitigation measures less than significant. No environmental or traffic concerns were identified that would indicate that development in this area would be unsuitable. The Project has also implemented a condition of approval for a parking management plan and improvements to an offsite parking location within proximity to the site to respond to overflow parking needs. 3. That the design and location of the proposed development are in keeping with the character of the surrounding neighborhood and is not detrimental to the harmonious, orderly, and attractive development contemplated by this title and the General Plan of the City. The design and location of the amended Project is in keeping with the character of the surrounding neighborhood and will serve as an additional attraction to the existing resort development. The Project consists of approximately 18-acres within an undeveloped area, with connectivity to the Desert Willow Clubhouse that is adjoining the Project site. The property is designated Resort and Entertainment in the General Plan, which allows development for a range of entertainment and resort destination uses for the purpose of drawing visitors to the site, such as theme parks and sports facilities. The Project includes the high - quality architectural style, amenities, and more importantly, offers unique opportunities for residential resort lifestyle and entertainment destinations inclusive of a surf lagoon and hotel, which will attract visitors and investors to the City. 4. That the design and location of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors, and that it is aesthetically of good composition, materials, textures, and colors. The design is a Desert Mid -Century Modern architectural theme, with sustainable building materials incorporating the natural environment and mid-century styles. The architectural elements include horizontal and vertical planes, varying rooflines, shading elements, intuitive and organic wayfinding designs, natural materials, and blurring lines between indoor and outdoor spaces. The design utilizes high -quality finishes and materials, including natural elements that provide shade and create shadow lines, such as building projections, covered walkways, arcades, and other human -scale elements to reduce the impact of building mass and create visual interest. The Project includes wave structures at the entry point to create a sense of arrival. The enclosure of courtyards and balconies are visually permeable where appropriate and step back on upper floors is utilized to further reduce the visual impact of building mass and maximize view corridors and viewsheds of the mountain. The Project site 7 Item 1R-11 CITY COUNCIL RESOLUTION NO.2022-09 includes the thoughtful creation of public gathering space to encourage ' interaction between guests and residents is achieved by both passive and intentional design. Landscaping utilizes functional seating design elements throughout the site by the use of low-rise block and/or stone walls that serve to define landscaped areas while also providing casual seating throughout the property. Open lawn and sandy beach areas in proximity to the lagoon and pools to encourage guests to create gathering space, reminiscent of an authentic beach experience. More intentional components of the Project include restaurants and bars, cabanas, lounge chairs, fire pits, and recreational activity space. The combination of designed gathering throughout the site and amenities creating intentional spaces promotes a destination resort atmosphere envisioned for the Project. 5. That the proposed use conforms to all the requirements of the zone in which it is located and all other applicable requirements. The Project uses conforms to all the requirements of the DSRT SURF Specific Plan and all other applicable requirements. The Project use considers the need for dedication and improvement of necessary streets and sidewalks, including the avoidance of traffic congestion, and is designed considering topographical and drainage conditions, including the need for dedication and improvements of necessary structures as a part thereof. The Project's environmental assessment and reviews of City departments and outside city agencies have included appropriate mitigation measures and conditions of approval. , 6. That the overall development of the land shall be designed to ensure the protection of public health, safety, and general welfare. The overall development of the land is designed to ensure Project is consistent with the General Plan and as analyzed in the DSRT SURF Specific Plan. The establishment, maintenance, or operation of the Project does not appear to have any adverse effects that are detrimental or injurious to property and improvements within the Desert Willow Golf Resort or the general welfare of the City. Therefore, the overall building design and the requirements imposed ensures the protection of public health, safety, and general welfare. SECTION 10. Proiect Recommendation. The City Council hereby recommends approval of SP 18-0002 Amendment No. 1, PP 18-0009 Amendment No. 1, TTM 36379 Amendment No. 1, subject to the conditions of approval. SECTION 11. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at City Hall at 73510 Fred Waring Drive, Palm Desert, CA 92260. Norma I Alley, MMC, City Clerk, is the custodian of the record of proceedings. SECTION 12. Execution of Resolution. The Mayor of the City of Palm Desert signs ' this Resolution, and the City Clerk shall attest and certify to the passage and adoption thereof. Item 1R-12 CITY COUNCIL RESOLUTION NO. 2022-09 D n PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 27th day of January 2022, by the following vote, to wit: AYES: JONATHAN, KELLY, NESTANDE, QUINTANILLA, and HARNIK NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: NIAMH M. ORTEGA DEi?UTY CITY CLERK CITY OF PALM DESERT, CALIFORNIA JAN C. HARNIK, MAYOR 9 Item 1R-13 RESOLUTION NO. 2022-09 This page has intentionally been left blank.] 10 Item 1R-14 CITY COUNCIL RESOLUTION NO.2022-09 CONDITIONS OF APPROVAL CASE NOS. AMENDMENT NO. 1 TO SP 18-0002/PP 18-0009/EA 18-0002/TTM 37639 GENERAL The Applicant shall comply with all terms and conditions as outlined in the amended Disposition and Development Agreement (DDA) approved by the City Council. 2. Any references to the "Specific Plan" in the Conditions of Approval of Resolution No. 2019-82 shall be replaced with "Amended Specific Plan," and such the amended specific plan in this resolution shall replace the previous approval. 3. Conditions of Approval approved in Resolution No. 2019-82 by City Council on November 14, 2019, shall remain effective and enforceable unless otherwise stated in this resolution. 4. Mitigation Measures of Resolution No. 2019-82 shall remain effective and enforceable unless otherwise stated in this resolution. SPECIFIC PLAN 5. Applicant shall obtain permission from the Development Services Director to schedule all turf removal activities in coordination with season operations of the golf course. In addition, the Applicant is responsible for obtaining approvals from the City for soil stabilization and any required permits/agreements associated with such activity. 6. Condition of Approval No. 12 of Resolution No. 2019-82 shall be revised to state: All parcels shall develop in a manner consistent with the development standards contained in the amended Specific Plan. All other development standards not addressed in the Specific Plan shall comply with the Palm Desert Municipal Code (PDMC). Condition of Approval No. 19 of Resolution No. 2019-82 shall be revised to state: Special events, which exceed 1,500.spectators, shall not exceed a maximum site capacity of 5,000 spectators. 8. The Applicant shall complete all improvements for Lot E (off -site parking), which includes approximately 288 parking spaces, and shall finalize a Parking Management Plan identifying all traffic control and off -site parking strategies with the Director of Development Services prior to the Certificate of Occupancy of the hotel building. rI WOWXtPT-4I7_H3III Prl-1;j The Applicant shall record all easements related to Final Map, including but not limited to reciprocal access easements, shared parking agreements, and maintenance agreements for all common areas prior to the approval of the Final Map. 10. The Applicant or successor in interest shall submit Covenants, Conditions, and. Restrictions ( CC&Rs) in a form acceptable to the City Attorney, for the proposed subdivision prior to the recordation of the Final Map. 11 Item 1R-15 CITY COUNCIL RESOLUTION NO.2022-09 11. The Applicant shall include the following: street names, Subdivision Improvement ' Agreement, and improvement bonds prior to the approval of the Final Map. 12. The Applicant shall form a property owners association for the maintenance of the following: 1) all interior and common areas, including landscaping; and 2) maintenance of all frontage landscaping. PRECISE PLAN 13. Condition of Approval No. 13 of Resolution No. 2019-82 shall be revised to state: All development within the amended Specific Plan shall conform to the architectural renderings provided in the amended Specific Plan and Precise Plan 21-0002 approvals. Building design deviations are permitted as described in the amended Specific Plan, which shall conform to the architectural guidelines and colors and materials specified in the amended Specific Plan. 14. Condition of Approval No. 14 of Resolution No. 2019-82 shall be revised to state: The development of the property and all buildings pads within the Specific Plan boundaries shall conform substantially with exhibits approved by the Architectural Review Commission and its conditions set forth by minute motion on April 27, 2021, held on file with the Department of Development Services, and as modified by the conditions herein. 15. Condition of Approval No. 47 of Resolution No. 2019-82 is no longer valid since the ' Project does not include a gated entry unless the gates are for emergency access. If a future gate is installed for the Project, the applicant shall secure secondary access onto Willow Ridge Drive via a gate with Knox locks. 16. The Applicant shall comply with the conditions in the Notice of Action as specified in the Architectural Review Commission meeting of April 27, 2021. END OF CONDITIONS OF APPROVAL 12 Item 1R-16 CITY COUNCIL RESOLUTION NO.2022-09 Impact Heading Aesthetics Air Quality Level of Impact After Mitigation EXHIBIT "AV, MITIGATION MONITORING $ REPORTING PROGRAM DSRT SURF Specific Plan EIR/ SCH No. 2019011044 Mitigation Measure Responsible Party/Monitoring Party Implementation Stage AES-1: In order to assure that lighting levels at the Lagoon Villas do not City Building exceed City standards, architectural plans for the villas will be accompanied Department, Project Prior to issuance of Less Than Significant by a lighting plan that demonstrates that the interior lighting level at the building permits. windows located facing the lagoon does not exceed 1.0 footcandle. Contractor AQ-1: Electric Vehicle Chareine Stations City Planning Significant and At least 6%of all vehicle parking spaces shall include EV charging stations Department, Project Prior to issuance of Unavoidable and 8%of all vehicle parking spaces shall include designated parking for Contractor building permits. clean air vehicles. AQ-2: DeliveryVehicle Idline Time Delivery vehicle idling time shall be limited to no more than five minutes. For any delivery that is expected to take longer than five minutes, the vehicles Prior to lease agreement Significant and operator shall be required to shut off the engine. The Project proponent shall Project Proponent andbusiness Unavoidable notify vendors of these idling requirements at the time the delivery purchase operation order is issued and again when vehicles enter the facility. Signs shall be posted at entry to the facilitys delivery area stating that idling longer than five minutes is not permitted. AQ-3: Emolovee Commute Any employer than employs 250 or more employees at a work site, on a full Prior to lease agreement Significant and or part- time basis, shall implement an Employee Commute Reduction Project Proponent and or business Unavoidable Program ( ECRP) under SCAQMD Rule 2202, On -Road Motor Vehicle operation Mitigation Option. Significant and AQ-4: Pavine and Roofine Materials City Planning Prior to issuance of Light-colored paving and roofing materials shall be utilized onsite, to the Department, Project building permits. Unavoidable greatestextent practical. Contractor Significant and AQ-5: Energy Star City Building prior to issuance of Energy Star heating, cooling, and lighting devices, and appliances shall be Department, Project building permits. Unavoidable installedonsite to the greatest extent practical. Contractor Significant and AQ-6: Sweepers Electric or alternatively fueled sweepers with HEPA filters shall be used Project Proponent On -going project Unavoidable onsite to the greatest extent practical. maintenance Significant and AQ-7: Lawn Maintenance On -going project Electric lawn mowers and leaf blowers shall be used onsite to the greatest Project Proponent maintenance Unavoidable extentpractical. 13Item 1R-17 CITY COUNCIL RESOLUTION NO.2022-09 MITIGATION MONITORING & REPORTING PROGRAM DSRT SURF Specific Plan EIR/ SCH No. 2019011044 Impact Heading Level of Impact After Mitigation Mitigation Measure Responsible pa rty/Monitoring Party Implementation Stage Significant andg blUnavoidae AQ- 8: Cleanine Products Water - based or low VOC cleaning products shall be used to the greatest Project Proponent On -going project extent practical. maintenance AQ- 9: Dust Control Plan: SCAOMD Rule 403.1 SCAOMD Rule 403 (403.1 specific to the Coachella Valley): A dust control Plan shall be prepared and implemented byall contractors during all construction activities, Including ground disturbance, grubbing, grading, and materials import and export. Said plan shall include but not be limited to the following best management practices: Treated and stabilized soil where activity will cease for at least four consecutive days; All construction grading operations and earth moving operations shall cease when winds exceed 25 miles per hour; Approved dust control Water site and equipment morning and evening and during all plans prior to site Significant and earth -moving operations; City Public Works disturbance. Adherence Unavoidable Operate street -sweepers on paved roads adjacent to site; Department, Project Contractor to the confirmed plans during all project plan Establish and strictly enforce limits of grading for each phase of reviews. development; Wash off trucks as they leave the project site to control fugitive dust emissions Cover all transported loads of soils, wet materials prior to transport, provide freeboard (space from the top of the material to the top of the truck) to reduce PM, and deposition of particulate matter during transportation Use track -out reduction measures such as gravel pads at project access points to minimize dust and mud deposits on roads affected by construction traffic. AQ- 10: Off -Road Emission Standards It shall be required that all off -road diesel -powered construction equipment Significant and meets or exceeds the California Air Resources Board (GARB) and U.S. City Engineer, Project Prior to issuance of Unavoidable Environmental Protection Agency (USEPA) Tier 4 off -road emissions Contractor grading plans standards for equipment rated at 50 horsepower or greater during Project construction. 14Item 1R-18 CITY COUNCIL RESOLUTION NO.2022-09 MITIGATION MONITORING & REPORTING PROGRAM DSRT SURF Specific Plan EIR/ SCH No. 2019011044 Impact Heading Level of Impact After Mitigation Mitigation Measure Responsible Party/Monitoring Party Implementation Stage BIO-1: Pavment of CVMSHCP Fees The Project proponent shall be required to pay the CVMSHCP local City Building Less Than Significant development mitigation fee to mitigate for impacts to covered species and Department, Project Prior to construction. natural communities within the Project site. Contractor BIO-2: MBTA Compliance For any grading or other site disturbance or tree or vegetation removal occurring during the nesting season between February 1st and August 31st, a qualified biologist shall conduct at least one nesting bird survey, and more if In the event ground deemed necessary by the consulting biologist, immediately prior to initiation City Planning disturbance occurs Less Than Significant of project -related ground disturbing activities. If nesting birds are present, no Department, Project during the referenced work shall be permitted near the nest until the young birds have fledged. Biologist time frame, prior to Biological While there is no established protocol for nest avoidance, when consulted, ground disturbance. Resources the CDFW generally recommends avoidance buffers of about 500 feet for birds -of -prey, and 100— 300 feet for songbirds. BIO-3: Burrowine Owl Survevs A qualified biologist shall conduct two (2) take avoidance pre -construction burrowing owl surveys onsite. The first shall occur between 14 and 30 days In the event ground prior to ground disturbance, and the second shall occur within 24 hours of City Planning disturbance occurs Less Than Significant ground disturbance. If burrowing owls are detected, the project proponent Department, Project during the referenced shall consult with CDFW to determine what course of action is needed, such Biologist time frame, prior to as the use of exclusion devices (if applicable) to discourage owls from using ground disturbance. burrows that are believed to be in jeopardy of being Impacted by implementation of the project. CUL-1: Worker Education Proeram Prior to commencing any phase of Project ground disturbance, all personnel working onsite shall be required to complete a worker education program City Planning Prior to any site Cultural and Tribal Less Than Significant performed by a qualified archaeologist that describes potential Department, Project disturbance. During all Resources archaeological artifacts, human remains, and other cultural materials that Archaeologist phases of construction. could be unearthed during the Project development process, and the procedures required in the event such a discovery is made. 15Item 1R-19 CITY COUNCIL RESOLUTION NO.2022-09 MITIGATION MONITORING & REPORTING PROGRAM DSRT SURF Specific Plan EIRI SCH No. 2019011044 Impact Heading Level of Impact After Mitigation Mitigation Measure Responsible Implementation Stage Party/Monitoring Party CUL-2: Monitoring If buried cultural materials are encountered inadvertently during any earth - moving operations associated with the Project, all work within 50 feet of the discovery should be halted or diverted until a qualified archaeologist can evaluate the nature and significance of the finds. The archaeologist shall prepare a findings report summarizing the methods and results of the investigation, including an itemized inventory and detailed analysis of Less Than Significant recovered artifacts upon completion of field and laboratory work. The report Project Contractor, During all phases of shall include an interpretation of the cultural activities represented by the Project Archaeologist ground disturbance. artifacts and discussion of their significance. The submittal of the report to the City and Tribal representative, as appropriate, along with final disposition of the recovered artifacts in a manner consistent with determination of the lead agency, Project archaeologist, and consulting tribes, will signify the completion of the monitoring program and, barring unexpected findings of significance, the mitigation of potential project impacts on cultural and tribal resources. CUL-3: Human Remains Should buried human remains be discovered during grading or other construction activities, in accordance with State law, the County coroner Project Contractor, City During all phases ofLessThanSignificantshallbecontacted. If the remains are determined to be of Native American planning Department ground disturbance. heritage, the Native American Heritage Commission and the appropriate local Native American Tribe shall be contacted to determine the Most Likely Descendant (MLD). GEO-1: Site Clearing Less Than Significant Prior to commencement of remedial grading within the site, all existing Project Contractor Prior to grading. vegetation, associated root systems, and debris should be cleared. Areas planned to receive fill should be cleared of old fill and any Irreducible matter GEO-2: At Grade Structure Areas Reouirements Geology and Soils All undocumented artificial fill and low -density native surface soil should be removed and re -compacted for the at -grade structures (e.g., spa building and cabanas). Over -excavation should extend to a minimum depth of 3 feet Less Than Significant below existing grade or 3 feet below the bottom of the footings, whichever is Project Contractor, During grading. deeper. The exposed native soil should be moisture conditioned to within 2 Project Geologist g percent of optimum moisture content and compacted to at least 90 percent relative compaction. Removals should extend at least 5 feet laterally beyond the footing limits. 16Item 1R-20 CITY COUNCIL RESOLUTION NO.2022-09 MITIGATION MONITORING & REPORTING PROGRAM DSRT SURF Specific Plan EIR/ SCH No. 2019011044 Impact Heading Level of Impact After Mitigation Mitigation Measure Responsible Party/Monitoring Parry Implementation Stage GEO-3: Fill Placement and Compaction Engineered fill should be free of organic material, debris, and other deleterious substances, and should not contain irreducible matter greater than 3-inches in maximum dimensions. The imported fill should meet the Less Than Significant following criteria: Project Contractor, During grading. Project Geologist Plastic Index I <12 Liquid Limit 1I <35 Soil Passing#200 Sieve Between 15%-35% Maximum Aggregate Size 3 inchesI Less Than Significant GEO-4: Shrinkaee and Subsidence Project Contractor, During grading. Volumetric shrinkage of the material should be between 10 and 15 percent. Project Geologist GEC-5: Temoorary Excavation Less Than Significant Temporary excavation up to 20 feet in depth may be required to accomplish Project Contractor, During grading. the proposed construction. Excavations to depth of 20 feet should have Project Geologist slope cuts no steeper than horizontal to one vertical (1:1). GEC-6: Conventional Shallow Spread Footings Project Contractor, Less Than Significant Adequate support for the proposed resort buildings and surf lagoon enclosedAdequate Project Geologist, During slab will be provided through Conventional Shallow Spread Footings. Project Engineer construction. GEC-7: Slabs -on -Grade Concrete slabs -on -grade must be placed on compacted engineered fill to Project Contractor, During slab Less Than Significant provide uniform support. Sladden Engineering has recommended a minimum Project Geologist, slab thickness of 4-inches and a minimum reinforcement consisting of #3 Project Engineer construction. bars at 18-inches on center in each direction shall be required. GEO-8: Structure Mat Slabs Project Contractor, Less Than Significant Structure Mat Slabs: Structure Mat Slabs shall be required for the below Project Geologist, During slab grade structures associated with the wave generating equipment which Project Engineer construction. would meet an allowable soil bearing pressure of 3,000 psf. 17Item 1R-21 CITY COUNCIL RESOLUTION NO.2022-09 Impact Heading MITIGATION MONITORING & REPORTING PROGRAM DSRT SURF Specific Plan EIR/ SCH No. 2019011044 Level of Impact After Mitigation Measure Mitigation Responsible implementation Stage Party/Monitoring Party GEC-9: Retaining Walls: Less Than Significant Subterranean parking levels and the surf lagoon would require retaining Project Contractor, During Construction walls. Ground surface behind retaining walls shall be sloped to drain. Project Engineer GEO-10: Asphalt Concrete Pavement: This shall be designed in accordance with Topic 608 of the Caltrans Highway Design Manual to meet the following thickness for the site: Less Than Significant Pavement Required Thickness Project Contractor, Project Engineer During construction. Asphalt Concrete Surface Course 3inches Class II Aggregate Base Course 4 inches Compacted Subgrade Soil 12 inches GEO-11: Corrosion Series: Prior to ground disturbing activities, a corrosion project Contractor, Prior to groundLessThanSignificantexpertshallbeconsultedregardingappropriatecorrosionprotection measures for corrosion sensitive Installation. Project Geologist disturbance. Less Than Si nifiwntg GEO-12: Utility Trench Backfill: All utility trench backfill shall be compacted Project Contractor, During construction. to a minimum relative compaction of 90%. Project Geologist GEO-13: Exterior Concrete Flatwork: The subgrade soil below concrete Project Contractor, Less Than Significant flatwork areas shall first be compacted to minimum relative compaction of Project Geologist, During construction. 90 percent to minimize cracking of concrete flatworks. Project Engineer GEO-14: Drainage: To provide rapid removal of surface water runoff to an adequate discharge point, all final grades shall be provided with positive Project Contractor, Less Than Significant gradients away from foundations. In addition, surface water shall be directed Project Geologist, During construction. away from building foundations to an adequate discharge point to reduce Project Engineer water infiltration Into the subgrade soil. GEO-15: If buried paleontological materials are discovered inadvertently Less Than Significant during any earth -moving operations associated with the project, all work within 50 feet of the discovery shall be halted or diverted until a qualified paleontologist can evaluate the nature and significance of the flnds. 18 Project Contractor, Project Archaeologist During grading. Item 1R-22 CITY COUNCIL RESOLUTION NO.2022-09 MITIGATION MONITORING & REPORTING PROGRAM DSRT SURF Specific Plan EIR/ SCH No. 2019011044 Impact Heading Level of Impact After Mitigation Mitigation Measure Responsible Party/Monitoring Party GEO-16: All project grading plans shall include a soil erosion prevention/dust control plan. Blowing dust and sand during excavation and grading operations shall be mitigated by adequate watering of soils prior to and during excavation and grading, and limiting the area of dry, exposed and Project Engineer, City Less Than Significant disturbed materials and soils during these activities. To mitigate againstthe Public Works effects of wind erosion after site development, a variety of measures shall be Department implemented, including maintaining moist surface soils, planting stabilizing vegetation, establishing windbreaks with non-invasive vegetation or perimeter block walls, and using chemical soil stabilizers. GEO-17: There shall be a cessation of grading activities during rainstorms or Less Than Significant high wind events. The project contractor shall install flow barriers and soil Project Contractor catchments (such as straw bales, silt fences, and temporary detention basins) during construction to control soil erosion. GEO-18: All materials transported off -site shall be either sufficiently Less Than Significant watered or securely covered to prevent excessive amounts of spillage or Project Contractor dust. GEO-19: Prior to ground disturbing activities, all employees at the Less Than Significant construction site shall be trained in earthquake preparedness and identify Project Contractor safe places near the construction site to facilitate emergency evacuation. GHG-1: The Project shall implement the policies of the Palm Desert Environmental Sustainability Plan applicable to its development. The Project shall adhere to the following principals, goals, and actions: Adherence to California Building Code, Title 24; Assess potential for light-colored surfaces and shading to reduce urban heat island effect; Incorporate solar power; Greenhouse Gas Significant and Use water efficient technologies to reduce water waste; Project Architect, City Emissions Unavoidable Require mandatory waste diversion of 100% inert and 75% Building Department other debris from residential, commercial, and construction debris; Promote programs that replace turf with native low water -use plants, trees, ground cover and "hard-scapes," including the redesign of golf courses to reduce the amount of irrigation required; Use "desert style landscaping" and require "time -of -use" irrigating to reduce evaporation. Implementation Stage Approved dust control plans prior to site disturbance. Adherence to the confirmed plans during construction. During grading. During grading and hauling operations. Prior to ground disturbing activities Approved building plans and landscaping plans prior to site disturbance. 19Item 1R-23 CITY COUNCIL RESOLUTION NO.2022-09 Impact Heading Level of Impact After Mitigation Less Than Significant MITIGATION MONITORING & REPORTING PROGRAM DSRT SURF Specific Plan EIR/ SCH No. 2019011044 Mitigation Measure Responsible Party/Monitoring Party HYD-1: BMPs, as described in the Project -specific W4MP, shall be City Engineer, ProtectimplementedtoensurethatwaterqualityimpactsresultingfromtheProject meet the Crt/s NPDFS standards. Contractor Implementation Stage Approved plans prior to site disturbance. Implementation during all construction activities. HYD-2: Exposed soil from excavated areas, stockpiles, and other areas where Less Than Significant ground cover is removed shall be stabilized by wetting or other approved Project Contractor I During all stockpiling Hydrology and means to avoid or minimize the Inadvertent transport by wind or water. activities. Water quality Less Than Significant HYD-3: The Project shall be subject to NPDES Construction General Permit City Engineer, Project I During construction requirements. Engineer activities. City Planni n Pri issuance of HYD-0: The Turf Reduction Program shall be completed prior [o the issuance ceorrtificatesto of Less Than Significant of certificates of occupancy for the surf center. Department, g Project occupancy for surfIContractor center. Less Than Significant PS-1: All components of the Project shall be required to employ on- Project Proponent, I Prior c issuance of certificates of site private security. Lease holder occupancy. PS-2: Per the City's Municipal Code Sections 5.87.180 and 5.100.020, at least two weeks prior to a special event at the lagoon area, the applicant shall file City Planning Less than Significant a "Special Event Temporary Entertainment Permit" Event notifications and Department, Project Two weeks prior to a specifics shall be approved in advance with the RCSD and Fire Marshall prior Proponent, Lease special event. to scheduled events. holder, RCSD, Cal Fire Public Services PS-3: Project facilities shall be designed and maintained to maximize public safety, Including providing secure facilities access and parking, adequate nighttime fighting, maximization of defensible space and minimization of Less than Significant dead zones," and professional security personnel. The Project proponent project Proponent, Prior to approval of shall coordinate with the Police Department to assure the Project is designed RCSD building plans. to address these and other safety concerns. PS-4: During construction, excavation areas, construction staging, and Less than Si nificantg storage areas shall be fenced and locked. All equipment shall be returned to Project Contractor During all phases of staging and storage areas at the end of each workday. construction. 20Item 1R-24 CITY COUNCIL RESOLUTION NO.2022-09 Impact Heading Transportation MITIGATION MONITORING & REPORTING PROGRAM DSRT SURF Specific Plan EIR/ SCH No. 2019011044 Level of Impact After Mitigation MeasureMitigation Responsible Party/Monitoring Party Implementation Stage TRANSP-1: The Project proponent shall pay its fair share of the costs of installing a traffic signal at the Intersection of Cook Street and Market Place City Public WorksDrive. The fair share amount shall be 12.1%, as defined in Table 1-5 of the Less Than Significant Department, Project Prior to occupancy of Desert Wave Traffic Impact Analysis, City of Palm Desert," prepared by Proponent first building. Urban Crossroads, March 4, 2019. Signal timingshall be coordinated with the trafficsignal at the intersection of Cook Street and Country Club Drive. TRANSP-2: The Project shall extend the eastbound left turn lane on Market City Public WorksDepartment, Prior occupancy of Less Than Significant Place Drive at Cook Street to provide a minimum of 165 feet of storage. Project uifirstbuilding. Proponent TRANSP-3: Onsite traffic signing and striping shall be implemented in City Public Works Less Than Significant conjunction with detailed construction plans for the Project site. Department, Project Proponent TRANSP-4: Sight distance at each Project access point shall be reviewed with City Public Works Less Than Significant respect to Caltrans and City of Palm Desert sight distance standards at the Department, Project time of preparation of final grading, landscape, and street improvement plans. Proponent TRANSP-5: The Project proponent shall coordinate with City staff to prepare, refine, and approve a Special Event Traffic Management Plan that facilitates the safe and efficient movement of special event traffic, shuttles, and pedestrians. A master management plan shall be prepared that details all potential measures required for a special event, which shall be Less Than Significant supplemented with individual plans addressing specific special events based on their size and duration. The Special Event Traffic Management Plan shall be submitted to the City prior to certificate of occupancy for the Surf Center. Individual management plans for specific special events shall be submitted at least 30 days prior to the start of the event. The Special Event Traffic Management Plan shall include the measures identified in Mitigation Measures TRANSP-6 through 14, below. City Public Works Department, Project Proponent, Lease holder Prior to occupancy of first building. Priorto issuance of building permits. Prior to issuance of certificates of occupancy for surf center. 21Item 1R-25 CITY COUNCIL RESOLUTION NO.2022-09 MITIGATION MONITORING & REPORTING PROGRAM DSRT SURF Specific Plan EIRI SCH No. 2019011044 Level of Impact After Impact Heading Mitigation Measure Res onsiblep Implementation Stage C Mitigation Party/Monitoring Party Zn TRANSP-6: Shuttle service shall be provided to transport spectators between r the Project site and overflow parking lot via Desert Willow Drive, and for any W other off -site parking location required to accommodate the parking requirements for each special event. The calculation for number of parking City Planning y Less Than Significant spaces required shall be based on the number of planned attendees, divided Department, Project At least two weeks prior 0 by 2.4, and multiplied by 0.70 (70%) (as described in Section 1.10 of the Proponent, RCSD to special event. Desert Wave Traffic Impact Analysis, City of Palm Desert," prepared by Urban Crossroads, March 4, 2019). Shuttle routes and stops shall be O identified in the Special Event Traffic Management Plan. Z Z TRANSP-7: In developing the Special Event Traffic Management Plan, the 0 Less than Significant Project proponent shall Include the use of portable changeable message City, Project Proponent, Prior to issuance of certificates of N signs (CMS) along Country Club Drive and Cook Street to facilitate event Lease holder IV traffic to and from on -site and off -site parking. occupancy N 6 TRANSP-R: In developing the Special Event Traffic Management Plan, the t0 Project proponent shall include the use of law enforcement personnel and/or special event flaggers to direct traffic at the following locations: 1) City Planning Less than Significant Desert Willow Drive & Country Club Drive, 2) Cook Street & Market Place Department, Project At least two weeks prior Drive, 3) Desert Willow Drive & Market Place Drive, and 4) Desert Willow Proponent, Lease to special event. Drive & Project entrance. Any plans involving law enforcement personnel holder, RCSD shall be coordinated with the Palm Desert Police Department. TRANSP-9: In developing the Special Event Traffic Management Plan, the Project proponent and City shall include the use of public service City Planning Less than Significant announcements (PSA) to provide information to event guests prior to the Department, Project At least two weeks prior event. Examples include, but are not limited to, online event information Proponent, Lease to special event. i.e., suggested routes, parking, etc.), changeable message signs (CMS) prior holder. to the event, and brochures. TRANSP-10: The City shall provide trafficsignal timing adjustments based on Less than Significantg the expected peak arrival and departure periods of the special event at the City Public Prior to special eventfollowinglocations: l) Desert Willow Drive & Country Club Drive, 2) Cook Works/Engineer Street & Market Place Drive, and 3) Cook Street & Country Club Drive. TRANSP-11: In developing the Special Event Traffic Management Plan, the City Planning Less than Significant Project proponent shall include the designation of convenient and accessible Department, Project At least two weeks prior drop-off and pick-up areas to promote ridesharing and reduce parking Proponent, Lease to special event. demands. The Plan may also include short-term parking with time holder 22Item 1R-26 CITY COUNCIL RESOLUTION NO.2022-09 MITIGATION MONITORING & REPORTING PROGRAM DSRT SURF Specific Plan EIR! SCH No. 2019011044 Impact Heading Level of impact After Mitigation Mitigation Measure Responsible Party/Monitoring Party implementation Stage restrictions of SD-15 minutes for staging areas for ridesharing vehicles. TRANSP-12: In developing the Special Event Traffic Management Plan, the Project proponent shall include providing off -site parking facilities for City Planning employees to increase available on -site parking for guests. Employee parking Department, Project At least two weeks prior Less than Significant sites shall be served by shuttles that transport employees to and from the Proponent, Lease to special event. Project site. holder, RCSD TRANSP-13: In developing the Special Event Traffic Management Plan, the City Planning Department, Project At least two weeks prior Less than Significant Project Proponent shall include implementing valet parking to increase Proponent, Lease to special event. available on -site parking capacity. holder, RCSD TRANSP-14: The Project proponent shall demonstrate availability of City PlanningadditionalparkingspacesatDesertSpringsMarketplace, the Indian Wells Department, Project At least two weeks prior Less than Significant Tennis Garden or other location(s) prior to each special event. Shuttle service Proponent, Lease to special event. to/from the Project site shall be provided to serve all off -site parking holder, RCSD locations. TRANSP-15: Prior to site disturbance, construction staging plans shall be approved bythe Public Works, Fire, and Police Departments to assure they City Public Works, Less than Significant adequately consider and account far temporary detours, changing access to Project Contractor, proPro Prior to site disturbance. business and residential areas, and emergency access, and that they cause Cal Fire RCSO,Project minimal disruption to adjoining streets and land uses, during all phases of development. TRANSP- 16: The Construction Manager shall be required to identify and promptly repair any Project -related damage to existing public roads upon completion of each phase of Project development. The Construction Project Contractor, City During all phases of Less than 5ignifcant Manager shall monitor the condition of these routes throughout the Public Works construction construction process and, in the event of an accidental load spill or other Department Project - related incident, shall arrange for the immediate clean-up of any material with street sweepers or other necessary procedures. TRANSP- 17: The final location and design of the site access points and internal circulation improvements shall comply with City of Palm Desert City Engineer, RCSD, Cal Prior to issuance of Less than Significant access and design standards and be reviewed by the City Engineer and Fire Fire building permits. and Police Departments. i i N CDNNto t0 23 Item 1R-27 CITY COUNCIL RESOLUTION NO.2022-09 Impact Heading MITIGATION MONITORING & REPORTING PROGRAM OSRT SURF Specific Plan EIR/ SCH No. 2019011044 Level of Impact After Miti Liona Mitigation Measure Responsible Party/Monitoring Party Implementation Stage TRANSP-18: Parking adjacent to the surf lagoon, surf center, hotel, villas, and Project Engineer, RCSD, Cal Prior to issuance of Less than Significant other buildings shall be prohibited, where necessary, to provide certificates of unobstructed access by emergencyservice vehicles and first responders. Fire occupancy. TRANSP-19: The Police and Fire Departments shall be provided with a Knox Project Proponent, Prior to issuance of Less than Significant Box or other master key or access code that enables immediate entry to the Lease Holder, RCSD, Cal certificates of Project's secured emergency access gate on Willow Ridge. Fire occupancy. Less than Significant TRANSP-20: The Project proponent shall participate in the NAG's TUMF Project Proponent, City I Prior to issuance of program by paying the requisite TUMF fees. Building Department grading permit. 24 i Item 1R-28 Item 1R-29 Item 1R-30 Item 1R-31 Item 1R-32 Item 1R-33 Item 1R-34 Item 1R-35 Item 1R-36 Item 1R-37 Item 1R-38 Item 1R-39 Item 1R-40 Item 1R-41 Item 1R-42 Item 1R-43 Item 1R-44 Item 1R-45 Item 1R-46 Item 1R-47 Item 1R-48 Item 1R-49 Item 1R-50 Item 1R-51 Item 1R-52 Item 1R-53 Item 1R-54 Item 1R-55 Item 1R-56 Item 1R-57 Item 1R-58 Item 1R-59 -1- GRADING ONLY AGREEMENT DATE OF AGREEMENT: _____________________, 20____. NAME OF OWNER/DEVELOPER____________________________________________ (referred to as "GRADER") PROPERTY (MAP AND PARCEL NO.):______________________ No. of Lots: ___ (referred to as "PROPERTY") GRADING PLANS APPROVED ON:__________________________________ (referred to as "GRADING PLANS") ESTIMATED TOTAL COST OF GRADING:$____________________________. SURETY: BOND NOS:___________________________________________________ SURETY:______________________________________________________ -OR- IRREVOCABLE STAND-BY LETTER OF CREDIT NO.____________________ FINANCIAL INSTITUTION:________________________________________ -OR- CASH/CERTIFICATE OF DEPOSIT, AGREEMENT DATED:_______________ FINANCIAL INSTITUTION:________________________________________ This Agreement is made and entered into by and between the City of Palm Desert, a municipal corporation of the State of California, hereinafter referred to as “CITY”, and the GRADER. Item 1R-60 -2- RECITALS A. In consideration of the approval of the Grading Plans for the PROPERTY by the City Council, GRADER desires to enter into this Agreement, whereby GRADER promises to complete, at GRADER's own expense, all the grading work required by CITY in connection with the proposed PROPERTY. GRADER has secured this Agreement by grading security required by the City and approved by the City Attorney. B. GRADING PLANS for the grading of the PROPERTY have been prepared by GRADER and approved by the City Engineer. The GRADING PLANS numbered as referenced previously in this Agreement are on file in the Office of the City Engineer and are incorporated into this Agreement by this reference. All references in this Agreement to the GRADING PLANS shall include reference to any specifications for the improvements as approved by the City Engineer. C. An estimate of the cost for grading and performing land development work in connection with the grading according to the GRADING PLANS has been made and has been approved by the City Engineer. The estimated amount is stated on Page 1 of this Agreement. The basis for the estimate is attached as Exhibit "A" to this Agreement. D. CITY has adopted standards for the grading of property within the CITY. The GRADING PLANS have been prepared in conformance with CITY standards in effect on the date of the approval. E. GRADER recognizes that CITY and adjacent properties may be damaged by GRADER's failure to perform its obligations to complete approved grading by the time established in this Agreement. CITY shall be entitled to all remedies available to it pursuant to this Agreement and law in the event of a default by GRADER. Item 1R-61 -3- NOW, THEREFORE, in consideration of the approval by the City of the GRADING PLANS, GRADER and CITY agree as follows: (1) GRADER's Obligation to Complete Grading. GRADER shall: (a) Complete at GRADER's own expense, all the grading required by the Approval in conformance with approved GRADING PLANS within one year from date of execution of this Agreement; provided however, that the grading shall not be deemed to be completed until approved by City Engineer as provided in Section 4 herein. (2) Security. GRADER shall at all times guarantee GRADER’s performance by furnishing to CITY, and maintaining, good and sufficient security as required by the CITY on forms approved by CITY for the purposes and in the amounts as follows: (a) to assure faithful performance of this Agreement in regard to said grading in an amount of 25% of the estimated cost of the grading. The securities required by this Agreement shall be kept on file with the City Clerk. The terms of the security documents referenced on page 1 of this Agreement are incorporated into this Agreement by this reference. If any security is replaced by another approved security, the replacement shall: 1) comply with all the requirements for security in this Agreement; 2) be provided to the City Engineer to be filed with the City Clerk and, upon filing, 3) shall be deemed to have been made a part of and incorporated into this Agreement. Upon provision of a replacement security with the City Engineer and filing of a replacement security with the City Clerk, the former security may be released. Item 1R-62 -4- (3) Alterations to GRADING PLANS. (a) Any changes, alterations or additions to the GRADING PLANS not exceeding ten percent (10%) of the original estimated cost of the improvements, which are mutually agreed upon by CITY and GRADER, shall not relieve the improvement security given for faithful performance of this Agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the improvement, GRADER shall provide grading security for faithful performance as required by Section (3) of this Agreement for twenty-five percent (25%) of the total estimated cost of the grading as changed, altered, or amended, minus any completed partial releases allowed by Section (6) of this Agreement. (b) The GRADER shall complete the grading in accordance with CITY standards in effect at the time of approval of GRADING PLANS. CITY reserves the right to modify the standards applicable to the PROPERTY and this Agreement, when necessary to protect the public safety or welfare or comply with applicable state or federal law or CITY zoning ordinances. If GRADER requests and is granted an extension of time for completion of the grading, CITY may apply the standards in effect at the time of the extension. (4) Inspection. GRADER shall at all times maintain proper facilities and safe access for inspection of the grading by CITY inspectors. Upon completion of the work, GRADER may request a final inspection by the City Engineer, or the City Engineer's authorized representative. If the City Engineer, or the designated representative, determines that the work has been completed in accordance with this Agreement, then the City Engineer shall certify the completion of the grading. When applicable law requires an inspection to be made by City at a particular stage of the grading, CITY shall be given Item 1R-63 -5- timely notice of GRADER’s readiness for such inspection and GRADER shall not proceed with additional work until the inspection has been made and the work approved. GRADER shall bear all costs of inspection and certification. (5) Release of Securities. The securities required by this Agreement shall be released as following: (a) Security given for faithful performance of any act, obligation, work or agreement shall be released upon the final completion and approved of the act or work. (6) Injury to Public Improvements, Public Property or Public Utilities Facilities. GRADER shall replace or repair or have replaced or repaired, as the case may be, all public improvements, public utilities facilities and surveying or property monuments which are destroyed or damaged as a result of any work under this Agreement. GRADER shall bear the entire cost of replacement or repairs of any and all public or public utility property damaged or destroyed by reason of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by CITY or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. (7) Permits. GRADER shall, at GRADER's expense, obtain all necessary permits and licenses for the grading, give all necessary notices and pay all fees and taxes required by law. (8) Default of GRADER. (a) Default of GRADER shall include, but not be limited to, (1) GRADER's failure to timely commence the grading; (2) GRADER's failure to timely complete grading; Item 1R-64 -6- (3) GRADER's failure to timely cure any defect in the grading; (4) GRADER's failure to perform substantial work for a period of twenty (20) calendar days after commencement of the work; (5) GRADER's insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which GRADER fails to discharge within thirty (30) days; (6) the commencement of a foreclosure action against the PROPERTY or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or (7) GRADER's failure to perform any other obligation under this Agreement. (b) CITY reserves to itself all remedies available to it at law or in equity for breach of GRADER's obligations under this Agreement. CITY shall have the right, subject to this Section, to draw upon or utilize the appropriate security to mitigate CITY's damages in event of default by GRADER. The right of CITY to draw upon or utilize the security is additional to and not in lieu of any other remedy available to CITY. It is specifically recognized that the estimated costs and security amounts may not reflect the actual cost of grading and, therefore, CITY's damages for GRADER's default shall be measured by the cost of completing the required grading. The sums provided by the security may be used by CITY for the completion of the grading in accordance with the GRADING PLANS contained herein. In the event of GRADER's default under this Agreement, GRADER authorizes CITY to perform such obligation twenty (20) days after mailing written notice of default to GRADER and to GRADER's surety, and agrees to pay the entire cost of such performance by CITY. Item 1R-65 -7- CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of GRADER, and GRADER's surety shall be liable to CITY for any excess cost or damages occasioned CITY thereby. In such event, CITY, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plants and other property belonging to GRADER as may be on the site of the work and necessary for performance of the work. (c) Failure of GRADER to comply with the terms of this Agreement shall constitute consent to the filing by CITY of notice of violation against the PROPERTY. The remedy provided by this subsection (c) is in addition to and not in lieu of other remedies available to CITY. GRADER agrees that the choice of remedy or remedies for GRADER's breach shall be in the discretion of CITY. (d) In the event that GRADER fails to perform any obligation hereunder, GRADER agrees to pay all costs and expenses incurred by CITY in securing performance of such obligations, including but not limited to fees and charges of engineers, attorneys, other professionals, and court costs. (e) The failure of CITY to take an enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of GRADER. (9) GRADER Not Agent of CITY. Neither GRADER nor any of GRADER's agents, contractors or subcontractors are or shall be considered to be agents of CITY in connection with the performance of GRADER'S obligations under this Agreement. (10) Indemnity/Hold Harmless. CITY or any officer or employee thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or Item 1R-66 -8- omissions of GRADER, its agents, or employees, contractors and subcontractors in the performance of this Agreement. GRADER further agrees to protect, defend, indemnify and hold harmless CITY, its officials, boards and commissions, and members thereof, agents and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions of GRADER, its agents, employees, contractors and subcontractors in the performance of this Agreement, except for such claims, demands, causes of action, liability, or loss arising out of the sole active negligence of the CITY, its officials, boards, commissions, the members thereof, agents, and employees, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction of the improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the grading of the PROPERTY, and in addition, to adjacent property owners. Approval by CITY of the grading shall not constitute an assumption by CITY of any responsibility for any damage or taking covered by this Section. CITY shall not be responsible for the performance of grading, regardless of any negligent action or inaction taken by CITY in approving the plans, unless the particular design was specifically required by CITY over written objection by GRADER submitted to the City Engineer before approval of the particular grading design, which objection indicated that the particular grading design was dangerous or defective and suggested an alternative safe and feasible design. GRADER shall reimburse CITY for all costs and expenses (including but not limited to fees and charges of architects, engineers, attorneys, and other professionals, and court costs) incurred by CITY in enforcing the provisions of this Section. Item 1R-67 -9- (11) Personal Nature of GRADER’S Obligations. All of GRADER’s obligations under this agreement are and shall remain the personal obligations of GRADER notwithstanding a transfer of all or any part of the property subject to this Agreement, and GRADER shall not be entitled to assign its obligations under this Agreement to any transferee of all or any part of the property within the PROPERTY or to any other third party without the express written consent of CITY. (12) Sale or Disposition of PROPERTY. GRADER may request a novation of this Agreement and a substitution of security. Upon approval of the novation and substitution of securities, the GRADER may request a release or reduction of the securities required by this Agreement. Nothing in the novation shall relieve the GRADER of the obligations under Section (18) for the work or improvement done by GRADER. (13) Time of the Essence. Time is of the essence in the performance of this Agreement. (14) Time for Commencement of Work; Time Extensions. GRADER shall commence substantial grading required by this Agreement not later than six (6) months after the date of this Agreement. In the event good cause exists as determined by the City Engineer, the time for commencement of grading hereunder may be extended for a period or periods not exceeding a total of two (2) additional years. The extension shall be executed in writing by the City Engineer. Any such extension may be granted without notice to GRADER's surety and shall not affect the validity of this Agreement or release the surety or sureties on any security given for this Agreement. The City Engineer shall be the sole and final judge as to whether or not good cause has been shown to entitle GRADER to an extension. Delay, other than delay in the commencement of work, resulting from an act of CITY, act of God, or by storm or inclement weather, strikes, boycotts or similar Item 1R-68 -10- political actions which prevents the conducting of work, which GRADER could not have reasonably foreseen and, furthermore, were not caused by or contributed to by GRADER, shall constitute good cause for and extension of the time for completion. As a condition of such extension, the City Engineer may require GRADER to furnish new security guaranteeing performance of this Agreement as extended in an increased amount as necessary to compensate for any increase in construction costs as determined by the City Engineer. (15) No Vesting of Rights. Performance by GRADER of this Agreement shall not be construed to vest GRADER's rights with respect to any change in any zoning or building law or ordinance. (16) Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States mail. Notices shall be addressed as follows unless a written change of address is filed with the City: Item 1R-69 -11- Notice to CITY: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attn: Public Works Director Notice to GRADER: ______________________________ ______________________________ ______________________________ ______________________________ Notice to SURETY: ______________________________ ______________________________ ______________________________ ______________________________ (17) Compliance With Laws. GRADER, its agents, employees, contractors and subcontractors shall comply with all federal, state and local laws in the performance of the grading required by this Agreement. (18) Severability. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties. (19) Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this Agreement. (20) Litigation or Arbitration. In the event that suit or arbitration is brought to enforce the terms of this Agreement, the prevailing party shall be entitled to litigation costs and reasonable attorneys' fees. Item 1R-70 -12- (21) Incorporation of Recitals. The recitals to this Agreement are hereby incorporated into in the terms of this Agreement. (22) Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. (23) Interpretation. This Agreement shall be interpreted in accordance with the laws of the State of California. (24) Jurisdiction. Jurisdiction of all disputes over the terms of this Agreement shall be in the County of Riverside, State of California. Item 1R-71 -13- IN WITNESS WHEREOF, this Agreement is executed by the parties as of the date hereinabove first written; by CITY, by and through its Mayor. ______________________________ CITY OF PALM DESERT GRADER _____________________________ By:___________________________ L.TODD HILEMAN, CITY MANAGERGRADER (Proper Notarization of GRADER's signature is required and shall be attached) ATTEST: _____________________________ NORMA I. ALLEY, CITY CLERK APPROVED AS TO FORM: _____________________________ ROBERT W. HARGREAVES, CITY ATTORNEY Item 1R-72 -14- ACKNOWLEDGEMENT 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 } } ss. County of __________________ } On _________________, 20____, before me, __________________________, a 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 ____________________________ Item 1R-73 Revised - 1 - 9/11/17 SUBDIVISION IMPROVEMENT AGREEMENT DATE OF AGREEMENT: _____________________ , 20 ___ NAME OF SUBDIVIDER: ( (Referred to as "SUBDIVIDER"). NAME OF SUBDIVISION: _______________________________ No. of Lots: _________ (Referred to as “SUBDIVISION”) TENTATIVE MAP RESOLUTION OF APPROVAL NO.: ____________ (TM No:______) (Referred to as "Resolution of Approval") IMPROVEMENT PLANS APPROVED ON:__________________________________ (Referred to as Improvement Plans) ESTIMATED TOTAL COST OF IMPROVEMENTS: $ ESTIMATED TOTAL COST OF MONUMENTATION: $ SURETY: BOND NOS:___________________________________________________ SURETY:_____________________________________________________ -OR- IRREVOCABLE STAND-BY LETTER OF CREDIT NO.__________________ FINANCIAL INSTITUTION:________________________________________ -OR- CASH/CERTIFICATE OF DEPOSIT, AGREEMENT DATED:_____________ FINANCIAL INSTITUTION:___________________________ This Agreement is made and entered into by and between the City of Palm Desert, a municipal corporation of the State of California, hereinafter referred to as "CITY", and the SUBDIVIDER. Item 1R-74 Revised - 2 - 9/11/17 RECITALS A. SUBDIVIDER has presented to CITY for approval and recordation, a final subdivision map of a proposed SUBDIVISION pursuant to provisions of the Subdivision Map Act of the State of California and the CITY's ordinances and regulations relating to the filing, approval and recordation of subdivision maps. The Subdivision Map Act and the CITY's ordinances and regulations relating to the filing, approval and recordation of subdivision maps are collectively referred to in this Agreement as the "Subdivision Laws." B. A tentative map of the SUBDIVISION has been approved, subject to the Subdivision Laws and to the requirements and conditions contained in the Resolution of Approval. The Resolution of Approval is on file in the Office of the City Clerk and is incorporated into this Agreement by reference. C. The Subdivision Laws establish as a condition precedent to the approval of a final map that SUBDIVIDER must have complied with the Resolution of Approval and must have either (a) completed, in compliance with CITY standards, all of the improvements and land development work required by the Subdivision Laws or the Resolution of Approval or (b) have entered into a secured agreement with CITY to complete the improvements and land development within a period of time specified by CITY. D. In consideration of the approval of a final map for the SUBDIVISION by the City Council, SUBDIVIDER desires to enter into this Agreement, whereby SUBDIVIDER promises to install and complete, at SUBDIVIDER's own expense, all the public improvement work required by CITY in connection with the proposed SUBDIVISION. SUBDIVIDER has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City Attorney. E. Complete Improvement Plans for the construction, installation, and completion of the improvements have been prepared by SUBDIVIDER and approved by the Item 1R-75 Revised - 3 - 9/11/17 City Engineer. The Improvement Plans numbered as referenced previously in this Agreement are on file in the Office of the City Engineer and are incorporated into this Agreement by this reference. All references in this Agreement to the Improvement Plans shall include reference to any specifications for the improvements as approved by the City Engineer. F. An estimate of the cost for construction of the public improvements and performing land development work in connection with the improvements according to the Improvement Plans has been made and has been approved by the City Engineer. The estimated amount is stated on Page 1 of this Agreement. The basis for the estimate is attached as Exhibit "A" to this Agreement. G. CITY has adopted standards for the construction and installation of improvements within the CITY. The Improvement Plans have been prepared in conformance with CITY standards in effect on the date of the Resolution of Approval. H. All public improvement monuments, street signs, and stakes as specified on the final map are to be completed prior to final formal acceptance by the City Council. Individual property monuments must be installed within one year from the formal final Council acceptance of said SUBDIVISION. I. SUBDIVIDER recognizes that by approval of the final map for SUBDIVISION, CITY has conferred substantial rights upon SUBDIVIDER, including the right to sell, lease, or finance lots within the SUBDIVISION. As a result, CITY will be damaged to the extent of the cost of installation of the improvements by SUBDIVIDER's failure to perform its obligations to commence construction of the improvements by the time established in this Agreem ent. CITY shall be entitled to all remedies available to it pursuant to this Agreement and law in the event of a default by SUBDIVIDER. It is specifically recognized that the determination of whether a reversion to acreage or rescission of the SUBDIVISION constitutes an adequate remedy for default by the SUBDIVIDER shall be within the sole discretion of CITY. Item 1R-76 Revised - 4 - 9/11/17 NOW, THEREFORE, in consideration of the approval and recordation by the City Council of the final map of the SUBDIVISION, SUBDIVIDER and CITY agree as follows: 1. SUBDIVIDER's Obligation to Construct Improvements. SUBDIVIDER shall: a. Comply with all the requirements of the Resolution of Approval, and any amendments thereto, and with the provisions of the Subdivision Laws. b. Complete at SUBDIVIDER's own expense, all the public improvement work required by the Resolution of Approval in conformance with approved Improvement Plans within one year from date of execution of this Agreement; provided however, that the improvements shall not be deemed to be completed until accepted by City Council as provided in Section (17) herein. c. Furnish the necessary materials for completion of the public improvements in conformity with the Improvement Plans. d. Acquire, or pay the cost of acquisition by CITY, and dedicate all rights-of-way, easements and other interests in real property for construction and installation of the public improvements, free and clear of all liens and encumbrances. The SUBDIVIDER's obligations with regard to acquisition by CITY of off-site rights-of- way, easements and other interests in real property shall be subject to a separate agreement between SUBDIVIDER and CITY. SUBDIVIDER shall also be responsible for obtaining any public or private sanitary sewer, domestic water, drainage, and/or utility easements or authorization to accommodate the SUBDIVISION. e. Commence construction of the improvements by the time established in Section (22) of this Agreement and complete the improvements by the deadline stated in Section (1)(b) above, Item 1R-77 Revised - 5 - 9/11/17 unless a time extension is granted by the CITY as authorized in Section (22). f. Install all SUBDIVISION public improvement monuments required by law and prior to formal final acceptance of the public improvements by CITY. Individual property monuments shall be installed within one year of said acceptance. g. Install street name signs conforming to CITY standards. Permanent street name signs shall be installed before acceptance of the improvements by CITY. 2. Acquisition and Dedication of Easements or Rights-of-Way. If any of the public improvement and land use development work contemplated by this Agreement is to be constructed or installed on land not owned by CITY or SUBDIVIDER, no construction or installation shall be commenced before: a. The offer of dedication to CITY of appropriate rights-of-way, easements or other interests in real property, and appropriate authorization from the property owner to allow construction or installation of the improvements or work, or b. The dedication to, and acceptance by, CITY of appropriate rights- of-way, easements or other interests in real property, as determined by the City Engineer, or c. The issuance by a court of competent jurisdiction pursuant to the State Eminent Domain Law of an order of possession. SUBDIVIDER shall comply in all respects with the order of possession. Nothing in this Section (2) shall be construed as authorizing or granting an extension of time to SUBDIVIDER. Item 1R-78 Revised - 6 - 9/11/17 3. Security. SUBDIVIDER shall at all times guarantee SUBDIVIDER's performance by furnishing to CITY, and maintaining, good and sufficient security as required by the Subdivision Laws on forms approved by CITY for the purposes and in the amounts as follows: a. to assure faithful performance of this Agreement in regard to said improvements in an amount of 100% of the estimated cost of the improvements; and b. to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor and materials for the improvements required to be constructed and installed pursuant to this Agreement in the additional amount of 50% of the estimated cost of the improvements; and c. to guarantee or warranty the work done pursuant to this Agreement for a period of one year following acceptance thereof by CITY against any defective work or labor done or defective materials furnished in the additional amount of 10% of the estimated cost of the improvements; and d. SUBDIVIDER shall also furnish to CITY good and sufficient security in the amount of one hundred percent (100%) of the estimated cost of setting SUBDIVISION monuments as stated previously in this Agreement in Section (1)(f) for a period of one year plus thirty (30) days from formal acceptance by the City Council. The securities required by this Agreement shall be kept on file with the City Clerk. The terms of the security documents referenced on page 1 of this Agreement are incorporated into this Agreement by this reference. If any security is replaced by another approved security, the replacement shall: 1) comply with all the requirements for security in this Agreement; 2) be provided to the City Engineer to be filed with the City Clerk and, upon filing, 3) shall be deemed to have been made a part of Item 1R-79 Revised - 7 - 9/11/17 and incorporated into this Agreement. Upon provision of a replacement security with the City Engineer and filing of a replacement security with the City Clerk, the former security may be released. 4. Alterations to Improvement Plans. a. Any changes, alterations or additions to the Improvement Plans not exceeding ten percent (10%) of the original estimated cost of the improvements, which are mutually agreed upon by CITY and SUBDIVIDER, shall not relieve the improvement security given for faithful performance of this Agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the improvement, SUBDIVIDER shall provide improvement security for faithful performance as required by Section (3) of this Agreement for one hundred percent (100%) of the total estimated cost of the improvements as changed, altered, or amended, minus any completed partial releases allowed by Section (6) of this Agreement. b. The SUBDIVIDER shall construct the improvements in accordance with CITY standards in effect at the time of adoption of the Resolution of Approval. CITY reserves the right to modify the standards applicable to the SUBDIVISION and this Agreement, when necessary to protect the public safety or welfare or comply with applicable state or federal law or CITY zoning ordinances. If SUBDIVIDER requests and is granted an extension of time for completion of the improvements, CITY may apply the standards in effect at the time of the extension. 5. Inspection. SUBDIVIDER shall at all times maintain proper facilities and safe access for inspection of the public improvements by CITY inspectors and to the shops wherein any work is in preparation. Upon completion of Item 1R-80 Revised - 8 - 9/11/17 the work, SUBDIVIDER may request a final inspection by the City Engineer, or the City Engineer's authorized representative. If the City Engineer, or the designated representative, determines that the work has been completed in accordance with this Agreement, then the City Engineer shall certify the completion of the public improvements to the City Council. No improvements shall be finally accepted by the City Council unless all aspects of the work have been inspected and completed in accordance with the Improvement Plans. When applicable law requires an inspection to be made by City at a particular stage of the work of constructing and installing such improvements, CITY shall be given timely notice of SUBDIVIDER's readiness for such inspection and SUBDIVIDER shall not proceed with additional work until the inspection has been made and the work approved. SUBDIVIDER shall bear all costs of inspection and certificatio n. No improvements shall be deemed completed until accepted by the City Council pursuant to Section (17) herein. 6. Release of Securities. The securities required by this Agreement shall be released as following: a. Security given for faithful performance of any act, obligation, work or agreement shall be released upon the final completion and acceptance of the act or work, subject to the provisions of subsection (b) hereof. b. The City Engineer may release a portion of the security given for faithful performance of improvement work as the improvement progresses upon application thereof by the SUBDIVIDER; provided, however, that no such release shall be for an amount less than twenty-five percent (25%) of the total improvement security given for faithful performance of the improvement work and that the security shall not be reduced to an amount less than fifty percent (50%) of the total improvement security given for faithful Item 1R-81 Revised - 9 - 9/11/17 performance until final completion and acceptance of the improvement work. In no event shall the City Engineer authorize a release of the improvement security which would reduce such security to an amount below that required to guarantee the completion of the improvement work and any other obligation imposed by this Agreement. c. Security given to secure payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment shall, at six (6) months after completion and acceptance of the work, be reduced to an amount equal to no less than 125% of the total claimed by all claimants for whom liens have been filed and of which notice has been given to the CITY, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured by the Security. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given. d. No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in Section (10), the warranty period shall not commence until formal final acceptance of all the work and improvements by the City Council. e. CITY may retain from any security released, an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys' fees. 7. Injury to Public Improvements, Public Property or Public Utilities Facilities. SUBDIVIDER shall replace or repair or have replaced or repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision monument which are destroyed or damaged as a Item 1R-82 Revised - 10 - 9/11/17 result of any work under this Agreement. SUBDIVIDER shall bear the entire cost of replacement or repairs of any and all public or public utility property damaged or destroyed by reason of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by CITY or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 8. Permits. SUBDIVIDER shall, at SUBDIVIDER's expense, obtain all necessary permits and licenses for the construction and installation of the improvements, give all necessary notices and pay all fees and taxes required by law. 9. Default of SUBDIVIDER. a. Default of SUBDIVIDER shall include, but not be limited to, (1) SUBDIVIDER's failure to timely commence construction of this Agreement; (2) SUBDIVIDER’s failure to timely complete construction of the improvements; (3) SUBDIVIDER’s failure to timely cure any defect in the improvements; (4) SUBDIVIDER's failure to perform substantial construction work for a period of twenty (20) calendar days after commencement of the work; (5) SUBDIVIDER's insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which SUBDIVIDER fails to discharge within thirty (30) days; the commencement of a foreclosure action Item 1R-83 Revised - 11 - 9/11/17 against the SUBDIVISION or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or (6) SUBDIVIDER's failure to perform any other obligation under this Agreement. b. CITY reserves to itself all remedies available to it at law or in equity for breach of SUBDIVIDER's obligations under this Agreement. CITY shall have the right, subject to this Section, to draw upon or utilize the appropriate security to mitigate CITY's damages in event of default by SUBDIVIDER. The right of CITY to draw upon or utilize the security is additional to and not in lieu of any other remedy available to CITY. It is specifically recognized that the estimated costs and security amounts may not reflect the actual cost of construction or installation of the improvements and, therefore, CITY's damages for SUBDIVIDER's default shall be measured by the cost of completing the required improvements. The sums provided by the improvement security may be used by CITY for the completion of the public improvements in accordance with the improvement plans and specifications contained herein. In the event of SUBDIVIDER's default under this Agreement, SUBDIVIDER authorizes CITY to perform such obligation twenty (20) days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER's surety, and agrees to pay the entire cost of such performance by CITY. CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of SUBDIVIDER, and SUBDIVIDER's surety shall be liable to CITY for any excess cost or damages occasioned CITY thereby. In such event, CITY, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plants and other property belonging to SUBDIVIDER as may be on the site of the work and necessary for performance of the work. Item 1R-84 Revised - 12 - 9/11/17 c. Failure of SUBDIVIDER to comply with the terms of this Agreement shall constitute consent to the filing by CITY of notice of violation against all the lots in the SUBDIVISION, or to rescind the approval or otherwise revert the SUBDIVISION to acreage. The remedy provided by this subsection (c) is in addition to and not in lieu of other remedies available to CITY. SUBDIVIDER agrees that the choice of remedy or remedies for SUBDIVIDER's breach shall be in the discretion of CITY. d. In the event that SUBDIVIDER fails to perform any obligation hereunder, SUBDIVIDER agrees to pay all costs and expenses incurred by CITY in securing performance of such obligations, including but not limited to fees and charges of architects, engineers, attorneys, other professionals, and court costs. e. The failure of CITY to take an enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of SUBDIVIDER. 10. Warranty. SUBDIVIDER shall guarantee or warranty the work done pursuant to this Agreement for a period of one year after final formal acceptance of the SUBDIVISION by the City Council against any defective work or labor done or defective materials furnished. If within the warranty period any work or improvement or part of any work or improvement done, furnished, installed, or constructed by SUBDIVIDER fails to fulfill any of the requirements of this Agreement or the improvement plans and specifications referred to herein, SUBDIVIDER shall without delay and without any cost to CITY, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should SUBDIVIDER fail to act promptly or in accordance with this requirement, Item 1R-85 Revised - 13 - 9/11/17 SUBDIVIDER hereby authorizes CITY, at CITY's option, to perform the work twenty (20) days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER's surety, and agrees to pay the cost of such work by CITY. Should CITY determine that an urgency requires repairs or replacements to be made before SUBDIVIDER can be notified, CITY may, in its sole discretion, make the necessary repairs or replacement or perform the necessary work and SUBDIVIDER shall pay to CITY the cost of such repairs. 11. SUBDIVIDER Not Agent of CITY. Neither SUBDIVIDER nor any of SUBDIVIDER's agents, contractors or subcontractors are or shall be considered to be agents of CITY in connection with the performance of SUBDIVIDER'S obligations under this Agreement. 12. Injury to Work. Until such time as the improvements are accepted by CITY, SUBDIVIDER shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. Until such time as all improvements required by this Agreement are fully completed and accepted by CITY, SUBDIVIDER will be responsible for the care, maintenance of, and any damage to such improvements. CITY shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by SUBDIVIDER. 13. Environmental Warranty. Prior to the acceptance of any dedications or improvements by CITY, SUBDIVIDER shall certify and warrant that neither the property to be dedicated nor SUBDIVIDER is in violation of any environmental law and neither the property to be dedicated nor the SUBDIVIDER is subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or Item 1R-86 Revised - 14 - 9/11/17 in connection with environmental law. Neither SUBDIVIDER nor any third party will use, generate, manufacture, produce, or release, on, under, or about the property to be dedicated, any hazardous substance except in compliance with all applicable environmental laws. SUBDIVIDER has not caused or permitted the release of, and has no knowledge of the release or presence of, any hazardous substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. SUBDIVIDER's prior and present use of the property to be dedicated has not resulted in the release of any hazardous substance on the property to be dedicated. SUBDIVIDER shall give prompt written notice to CITY at the address set forth herein of: a. Any proceeding or investigation by any federal, state or local governmental authority with respect to the presence of any hazardous substance on the property to be dedicated or the migration thereof from or to any other property adjacent to, or in the vicinity of, the property to be dedicated; b. Any claims made or threatened by any third party against CITY or the property to be dedicated relating to any loss or injury resulting from any hazardous substance; and, c. SUBDIVIDER's discovery of any occurrence or condition on any property adjoining in the vicinity of the property to be dedicated that could cause the property to be dedicated or any part thereof to be subject to any restrictions on its ownership, occupancy, use for the purpose for which is it is intended, transferability or suit under any environmental law. 14. Other Agreements. Nothing contained in this Agreement shall preclude CITY from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreements with other subdividers for the apportionment of costs of water and sewer Item 1R-87 Revised - 15 - 9/11/17 mains, or other improvements, pursuant to the provisions of the CITY ordinances providing therefore, nor shall anything in this Agreement commit CITY to any such apportionment. 15. SUBDIVIDER'S Obligation to Warn Public During Construction. Until formal final acceptance of the improvements, SUBDIVIDER shall give good and adequate warning to the public of each and every dangerous condition existent in said improvements, and will take all reasonable actions to protect the public from such dangerous condition. 16. Vesting of Ownership. Upon formal final acceptance of the work by CITY and recordation of the Resolution of Acceptance of Public Improvements, ownership of the improvements constructed pursuant to this Agreement shall vest in CITY. 17. Final Acceptance of Work. Acceptance of the work on behalf of CITY shall be made by the City Council upon recommendation of the City Engineer after final completion and inspection of all improvements. The City Council shall act upon the Engineer's recommendation within sixty (60) days from the date the City Engineer certifies that the work has been finally completed, as provided in Section (6). Such acceptance shall not constitute a waiver of defects by CITY. 18. Indemnity/Hold Harmless. CITY or any officer or employee thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of SUBDIVIDER, its agents, or employees, contractors and subcontractors in the performance of this Agreement. SUBDIVIDER further agrees to protect, defend, indemnify and hold harmless CITY, its officials, boards and commissions, and members thereof agents and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions of SUBDIVIDER, its agents, employees, contractors and subcontractors in the performance of this Agreement, except for such Item 1R-88 Revised - 16 - 9/11/17 claims, demands, causes of action, liability, or loss arising out of the sole active negligence of the CITY, its officials, boards, commissions, the members thereof, agents, and employees, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction of the improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said SUBDIVISION, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design and construction of public drainage systems, streets and other public improvements. Acceptance by CITY of the improvements shall not constitute an assumption by CITY of any responsibility for any damage or taking covered by this Section. CITY shall not be responsible for the design or construction of the property to be dedicated or the improvements pursuant to the approved improvement plans or map, regardless of any negligent action or inaction taken by CITY in approving the plans or map, unless the particular improvement design was specifically required by CITY over written objection by SUBDIVIDER submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defe ctive and suggested an alternative safe and feasible design. After acceptance of the improvements, the SUBDIVIDER shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect; however, SUBDIVIDER shall not be responsible for routine maintenance. Provisions of this Section shall remain in full force and effect for ten (10) years following the acceptance by CITY of the improvements. It is the intent of this Section that SUBDIVIDER shall be responsible for all liability for design and construction of the improvements installed or work done pursuant to this Agreement and that CITY shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or Item 1R-89 Revised - 17 - 9/11/17 inspecting any work or construction. The improvement security shall not be required to cover the provisions of this Section. SUBDIVIDER shall reimburse CITY for all costs and expenses (including but not limited to fees and charges of architects, engineers, attorneys, and other professionals, and court costs) incurred by CITY in enforcing the provisions of this Section. 19. Personal Nature of SUBDIVIDER'S Obligations. All of SUBDIVIDER's obligations under this agreement are and shall remain the personal obligations of SUBDIVIDER notwithstanding a transfer of all or any part of the property within the SUBDIVISION subject to this Agreement, and SUBDIVIDER shall not be entitled to assign its obligations under this Agreement to any transferee of all or any part of the property within the SUBDIVISION or to any other third party without the express written consent of CITY. 20. Sale or Disposition of SUBDIVISION. Seller or other SUBDIVIDER may request a novation of this Agreement and a substitution of security. Upon approval of the novation and substitution of securities, the SUBDIVIDER may request a release or reduction of the securities required by this Agreement. Nothing in the novation shall relieve the SUBDIVIDER of the obligations under Section (18) for the work or improvement done by SUBDIVIDER. 21. Time of the Essence. Time is of the essence in the performance of this Agreement. 22. Time for Commencement of Work; Time Extensions. SUBDIVIDER shall commence substantial construction of the improvements required by this Agreement not later than six (6) months after the date of this Agreement. In the event good cause exists as determined by the City Engineer, the time for commencement of construction or completion of the Item 1R-90 Revised - 18 - 9/11/17 improvements hereunder may be extended for a period or periods not exceeding a total of two (2) additional years. The extension shall be executed in writing by the City Engineer. Any such extension may be granted without notice to SUBDIVIDER's surety and shall not affect the validity of this Agreement or release the surety or sureties on any security given for this Agreement. The City Engineer shall be the sole and final judge as to whether or not good cause has been shown to entitle SUBDIVIDER to an extension. Delay, other than delay in the commencement of work, resulting from an act of CITY, act of God, or by storm or inclement weather, strikes, boycotts or similar political actions which prevents the conducting of work, which SUBDIVIDER could not have reasonably foreseen and, furthermore, were not caused by or contributed to by SUBDIVIDER, shall constitute good cause for and extension of the time for completion. As a condition of such extension, the City Engineer may require SUBDIVIDER to furnish new security guaranteeing performance of this Agreement as extended in an increased amount as necessary to compensate for any increase in construction costs as determined by the City Engineer. 23. No Vesting of Rights. Performance by SUBDIVIDER of this Agreement shall not be construed to vest SUBDIVIDER's rights with respect to any change in any zoning or building law or ordinance. 24. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States mail. Notices shall be addressed as follows unless a written change of address is filed with the City: Item 1R-91 Revised - 19 - 9/11/17 Notice to CITY: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attn: Director of Development Services Notice to SUBDIVIDER: Notice to SURETY: 25. Compliance With Laws. SUBDIVIDER, its agents, employees, contractors and subcontractors shall comply with all federal, state and local laws in the performance of the improvements and land development work required by this Agreement. To the extent improvements to be constructed by SUBDIVIDER or under the direction of SUBDIVIDER hereunder are considered to be a public work requiring the payment of prevailing wages and compliance with other prevailing wage laws under Labor Code Sections 1720 et seq., SUBDIVIDER shall cause the contractor and subcontractors to pay prevailing wages and to comply with all other prevailing wage laws pursuant to California Labor Code Sections 1720 et seq. and implementing regulations of the California Department of Industrial Relations and comply with any other applicable provisions of Labor Code Sections 1720 et seq. and implementing regulations of the Department of Industrial Relations. SUBDIVIDER shall indemnify, defend, protect and hold harmless City, its agents, elected officials, officers, employees and independent consultants from and against any third party claim, cause of action, administrative or judicial proceeding or enforcement action of any kind arising out of or resulting from SUBDIVIDER or its contractors and subcontractors’ alleged or actual Item 1R-92 Revised - 20 - 9/11/17 failure to comply with prevailing wage law. 26. Severability. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties. 27. Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this Agreement. 28. Litigation or Arbitration. In the event that suit or arbitration is brought to enforce the terms of this Agreement, the prevailing party shall be entitled to litigation costs and reasonable attorneys' fees. 29. Incorporation of Recitals. The recitals to this Agreement are hereby incorporated into in the terms of this Agreement. 30. Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. 31. Interpretation. This Agreement shall be interpreted in accordance with the laws of the State of California. 32. Jurisdiction. Jurisdiction of all disputes over the terms of this Agreement shall be in the County of Riverside, State of California. Item 1R-93 Revised - 21 - 9/11/17 IN WITNESS WHEREOF, this Agreement is executed by the parties as of the date hereinabove first written; by CITY, by and through its Mayor. SUBDIVIDER CITY OF PALM DESERT By: / TODD HILEMAN, CITY MANAGER SUBDIVIDER (Proper Notarization of SUBDIVIDER's signature is required and shall be attached) ATTEST: 1250$ , $//(< 00& CITY CLERK APPROVED AS TO FORM: ROBERT W. HARGREAVES, CITY ATTORNEY Item 1R-94 Revised - 22 - 9/11/17 ACKNOWLEDGEMENT 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 } } ss. County of __________________ } On _________________, 20____, before me, __________________________, a 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 ____________________________ Item 1R-95 Item 1R-96 Item 1R-97 Item 1R-98 Item 1R-99 Item 1R-100 Item 1R-101 Item 1R-102 CITY OF PALM DESERT STANDARD FORM GRADING FAITHFUL PERFORMANCE BOND DESCRIPTION OF PROPERTY: NAME OF GRADER: NAME OF SURETY: EFFECTIVE DATE: AMOUNT OF BOND: BOND NUMBER: PREMIUM: KNOW ALL MEN BY THESE PRESENTS: That the person, firm, corporation, entity, or otherwise, named on line 2 above, without regard to gender and number, hereinafter referred to as PRINCIPAL, and the corporation named on Line 3 above, a corporation authorized to do business in the State of California and presently possessed of authority under Title 6 of the United States Code to do business under Sections 6 to 13 thereof, in the aggregate amounts hereof, hereinafter referred to as SURETY, are jointly and severally held and firmly bound unto the City of Palm Desert, a municipal corporation of the State of California, hereinafter referred to as CITY, in the sum mentioned on Line 5 above, for the faithful performance of that certain GRADING ONLY AGREEMENT between PRINCIPAL and CITY regarding the property named on Line 1 above, as required by the provision of the CITY ordinances, resolutions, rules, and regulations, for the payment of which sums well and truly to be made, Item 1R-103 PRINCIPAL and SURETY hereby bind themselves, their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. The condition of the foregoing obligation is such that if the said PRINCIPAL shall faithfully perform the covenants, conditions, and agreements contained in that certain GRADING ONLY AGREEMENT between PRINCIPAL and CITY regarding the property named on LINE 1 of Page 1 hereof, which said agreement is by this reference incorporated herein, on its part to be kept and performed, in a manner and form therein specified, and shall furnish material in compliance with the specifications and perform all that certain work and improvement in said CITY which is more particularly described in said GRADING ONLY AGREEMENT, then the obligation with respect to the faithful performance is by this reference incorporated herein. The said SURETY, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the GRADING ONLY AGREEMENT or to the work to be performed thereunder or the specifications accompanying the same shall in anywise 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 GRADING ONLY AGREEMENT, the work, the specifications or any feature or item of performance thereunder. In the event it becomes necessary for CITY to bring an action to enforce this bond, SURETY shall pay CITY’s reasonable attorney’s fees and court costs in connection therewith. Item 1R-104 IN WITNESS WHEREOF, PRINCIPAL and SURETY have executed this instrument on the date mentioned on Line 4 of Page 1 hereof. __________________________________ __________________________________ PRINCIPAL’S SIGNATURE PRINCIPAL’S SIGNATURE __________________________________ __________________________________ PRINT NAME PRINT NAME __________________________________ __________________________________ TITLE & COMPANY NAME TITLE & COMPANY NAME ________________________________ SURETY’S SIGNATURE ________________________________ SURETY’S SIGNATURE APPROVED AS TO FORM: ____________________________________ ROBERT W. HARGREAVES, CITY ATTORNEY (Notarial acknowledgement of execution by ALL PRINCIPALS and SURETY must be attached.) Item 1R-105 ACKNOWLEDGEMENT 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 } } ss. County of __________________ } On _________________, 20____, before me, __________________________, a 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 ____________________________ Item 1R-106 Item 1R-107 SUBDIVISION IMPROVEMENT AGREEMENT PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert, California ("City") and ____________________________________________________________ ("Principal"), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Parcel/Tract Map No. ________________ ("Public Improvements"); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Subdivision Improvement Agreement dated _______________________, 20__, ("Improvement Agreement"); WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and WHEREAS, Principal is required by the Improvement Agreement to provide a good and sufficient bond for performance of the Improvement Agreement, and to guarantee and warranty the Public Improvements constructed thereunder. NOW, THEREFORE, Principal and ______________________________ ("Surety"), a corporation organized and existing under the laws of the State of ______________________, and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City in the sum of ___________________________________________________________________ DOLLARS ($___________________________), said sum being not less than one hundred percent (100%) of the total cost of the Public Improvements as set forth in the Improvement Agreement, 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 Principal, 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, agreements, guarantees, and warranties in the Improvement Agreement and any alteration thereof made as therein provided, 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 to indemnify and save harmless City, its officers, employees, and agents, as stipulated in the Improvement Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and Item 1R-108 specifications related thereto, or to the Public Improvements to be constructed 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. This bond is executed and filed to comply with Section 66499, et seq., of the California Government Code as security for performance of the Improvement Agreement and security for the one-year guarantee and warranty of the Public Improvements. IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___. (Corporate Seal) Principal By Title (Corporate Seal) Surety By Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title The rate of premium on this bond is ____________ per thousand. The total amount of premium charges is $_______________________________. (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) Item 1R-109 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 NOTE: This acknowledgment is to be completed for Principal. Item 1R-110 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 NOTE: This acknowledgment is to be completed for the Attorney-in-Fact for Surety. The Power-of Attorney to local representatives of the bonding company must also be attached. Item 1R-111 SUBDIVISION IMPROVEMENT AGREEMENT PAYMENT (LABOR AND MATERIALS) BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert, California ("City") and ____________________________________________________________ ("Principal"), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Parcel/Tract Map No. ________________ ("Public Improvements"); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Subdivision Improvement Agreement dated _______________________, 20__, ("Improvement Agreement"); WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and WHEREAS, Principal is required by the Improvement Agreement before entering upon the performance of the work to provide a good and sufficient payment bond to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the California Civil Code. NOW, THEREFORE, Principal and ______________________________ ("Surety"), a corporation organized and existing under the laws of the State of ______________________, and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Improvement Agreement and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the California Civil Code in the sum of ___________________________________________________________________ DOLLARS ($___________________________), said sum being not less than one hundred percent (100%) of the total cost of the Public Improvements as set forth in the Improvement Agreement, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth. As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. Item 1R-112 Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed 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. This bond is executed and filed to comply with Section 66499, et seq., of the California Government Code as security for labor performed and materials provided in connection with the performance of the Improvement Agreement and construction of the Public Improvements. IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___. (Corporate Seal) Principal By Title (Corporate Seal) Surety By Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title The rate of premium on this bond is ____________ per thousand. The total amount of premium charges is $_______________________________. (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) Item 1R-113 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 NOTE: This acknowledgment is to be completed for Principal. Item 1R-114 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 NOTE: This acknowledgment is to be completed for the Attorney-in-Fact for Surety. The Power-of Attorney to local representatives of the bonding company must also be attached. Item 1R-115 SUBDIVISION IMPROVEMENT AGREEMENT SURVEY MONUMENTS BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert, California ("City") and ____________________________________________________________ ("Principal"), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for the setting of survey monumentation as shown in Parcel/Tract Map No. ________________, which is not to be completed prior to the recording of the final map or parcel map; WHEREAS, the survey monumentation to be performed by Principal is more particularly set forth in that certain Subdivision Improvement Agreement dated _______________________, 20__, ("Improvement Agreement"); WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and WHEREAS, Principal is required by the Improvement Agreement to provide a good and sufficient bond to insure the setting of the monuments as required therein and payment to the Engineer or Surveyor who sets such monuments thereunder. NOW, THEREFORE, Principal and ______________________________ (“Surety”), a corporation organized and existing under the laws of the State of ______________________, and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City in the sum of __________________________________________________ ($______________), said sum being not less than one hundred percent (100%) of the total cost of the setting of monuments as set forth in the Improvement Agreement and payment due to the Engineer or Surveyor for setting such monuments, 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 Principal, 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, agreements, guarantees, and warranties for the setting of survey monumentation in the Improvement Agreement and any alteration thereof made as therein provided, 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 to indemnify and save harmless City, its officers, employees, and agents, as stipulated in the Improvement Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and Item 1R-116 specifications related thereto, or to the Public Improvements to be constructed 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. This bond is executed and filed to comply with Section 66496 of the California Government Code as security for installation and payment of survey monumentation as set forth in the Improvement Agreement. IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___. (Corporate Seal) Principal By Title (Corporate Seal) Surety By Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title The rate of premium on this bond is ____________ per thousand. The total amount of premium charges is $_______________________________. (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) Item 1R-117 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 NOTE: This acknowledgment is to be completed for Principal. Item 1R-118 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 NOTE: This acknowledgment is to be completed for the Attorney-in-Fact for Surety. The Power-of Attorney to local representatives of the bonding company must also be attached. Item 1R-119 Item 1R-120 Item 1R-121 [This page has intentionally been left blank.] Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: December 15, 2022 PREPARED BY: Cora L. Gaugush, Project Technician Kevin Swartz, Management Analyst II REQUEST: AWARD A CONTRACT TO GARLAND/DBS, INC., FOR ROOF REPAIRS AND RELATED SERVICES ON CITY-OWNED BUILDINGS IN AN AMOUNT NOT TO EXCEED $250,000 PER FISCAL YEAR RECOMMENDATION: 1.Award a forty-two (42) month Contract to Garland/DBS, Inc., for roof repairs and related services on City-owned Buildings under the Omnia Partners (“Omnia”) Contract No. PW- 1925 pursuant to Section 3.30.160 (E) and (L) of the City of Palm Desert Municipal Code in a total amount not to exceed $250,000 per fiscal year. 2.Confirm participation with the U.S. Communities Government Purchasing Alliance (“U.S. Communities”). 3.Authorize the City Attorney to negotiate the final Maintenance Services Agreement between the City and Garland. 4.Authorize the City Manager to review and approve up to two (2) one-year contract extensions for an amount not to exceed $250,000 per fiscal year. 5.Authorize the Mayor and/or the City Manager to execute the Agreement and any other documents necessary to effectuate the actions taken herewith. BACKGROUND/ANALYSIS: Public Works is responsible for the operations and maintenance of over a dozen City-owned buildings which include roof repairs. Although immediate roofing issues can be addressed as under emergency response, this can be difficult and time-consuming due to limited availability of qualified companies to perform these services. Staff is seeking to implement a more proactive approach for preventative and routine maintenance through a contract with Garland/DBS Inc (Garland). Garland has developed a program called the “Dry Zone”, that addresses roof repairs and maintenance work for various municipalities. This program has been successfully utilized by the City’s Housing Authority since 2016. Through a contract with Garland, each building’s roof condition will be assessed, and a report uploaded to the Roof Assessment Management Program (RAMP). This central database will enable staff to review work history, photo analysis of areas that require immediate remediation, warranty documentation, and projections for future needs. In addition, this program will assist the department with more efficiently determining annual budget needs. Staff is requesting that this contract be awarded under the provisions set forth in the City of Palm Desert Municipal Code (“Municipal Code”), Section 3.30.160 (L), the City may purchase contractual services, professional services, and materials, supplies, and equipment for ongoing Item 1S-1 City of Palm Desert Award Contract to Garland for City-owned building(s) roof repair Page 2 of 2 cleanup, maintenance and different routine items that are of a continuing nature provided the agent’s contract allows for such purchases. Further, the provisions of Municipal Code Section 3.30.160 (E) allow the City to participate as a government entity with the Omnia Contract No. PW-1925 under their cooperative pricing for roof repairs and related services which are provided by Garland through their “Dry Zone” Services Program. Garland has confirmed it will provide to the City, as a participating entity, the Omnia contract terms, products, product warranty, services, and pricing. FINANCIAL IMPACT: The approved Capital Improvement Project (CIP) List for Fiscal Year 2022-23 includes funds up to the amount $200,000 under Account No. 4504161-4400100 and 4504164-4388500 for roof repairs at the Henderson Building, Desert Recreation District (DRD) Builing, and Artists Center. The remaining balance of $50,000 will be reserved for as needed roof repairs at other City- owned facilities, such as but not limited to the following: Account Building 1104330-4331000 Corporation Yard 1104340-4331000 City Hall 1104344-4331000 Portola Community Center 2304220-4331000 Fire Stations 2424549-4331101 Aquatic Center 5104195-4369500 Sheriff Substation 5104195-4369601 Parkview Office Complex 5104195-4369602 State Building 5104195-4369800 Henderson Building During the annual budget process, staff will conduct an assessment of the condition of the roofs on each building and allocate funding as needed. This does not mean the full amount of the contract will be allocated or expended each year. Therefore, there should be no additional financial impact to the general fund beyond the annual contract amount. REVIEWED BY: Department Director: Martin Alvarez Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1.Dry Zone Proposal dated November 2, 2022 2.Draft Maintenance Services Agreement Item 1S-2 Item 1S-3 Item 1S-4 Item 1S-5 Item 1S-6 Item 1S-7 Item 1S-8 Contract No. __________________ 1 CITY OF PALM DESERT MAINTENANCE SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 15TH day of DECEMBER, 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”) GARLAND/DBS, Inc., a CORPORATION, with its principal place of business at 3800 East 91st Street, Cleveland, Ohio 44105 (“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 and in the task order(s) to be issued pursuant to this Agreement and executed by the City and Contractor (“Task Order” ).. 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. This Agreement is entered into pursuant to City of palm Desert Municipal code Section 3.3.160 (E). which authorizes participation with other governmental agencies who have, through a bidding process, determined to award or purchase goods and/or services from Contractor. 2.3.1 Program. The purchase has been made through the Dry Zone Program, a program for the procurement of goods and services for governmental agencies. Documents related to the procurement of this agreement shall be made available to City upon request. 2.3.2 Piggyback Contract. Contractor entered into a contract with Racine County, Wisconsin dated September 27, 2019, for Roofing Supplies and services, Waterproofing and Related Product and Services (the Piggyback Contract), which was entered pursuant to a competitive procurement process consistent with the laws of California. Contractor shall provide goods and services under this Agreement at the same prices and terms as established in the Piggyback Contract. Contractor represents and warrants that it is not currently providing the same goods or services for lower prices than those established in the Piggyback Contract. 2.3.3 Terms and Conditions. The terms and conditions set forth herein in this Agreement shall supersede and Item 1S-9 Contract No. __________________ 2 take precedence of the any terms and conditions contained in the Piggyback Contract. Contractor shall not be entitled to any notice or any limitation of damages set forth in the Piggyback Contract except as expressly set forth herein or required by law. 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 and in the individual Task Orders issued by the City. No Services shall be performed unless authorized by this Agreement and by a fully executed Task Order in the form attached hereto as Exhibit “B”. All Services shall be subject to, and performed in accordance with, this Agreement, any relevant Task Order, 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 DECEMBER 15, 2022, to June 30, 2026, 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 TWO additional one-year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines set forth in each individual Task Order issued by the City. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. 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 each Task Order 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 Item 1S-10 Contract No. __________________ 3 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 Jason Busanovitch, 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 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, and shall meet any other established schedules and deadlines set forth in the Task Order(s) (“Performance Time”). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in this Agreement or any Task Order(s), 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. Item 1S-11 Contract No. __________________ 4 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. 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 Item 1S-12 Contract No. __________________ 5 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 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. Item 1S-13 Contract No. __________________ 6 (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 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 Item 1S-14 Contract No. __________________ 7 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 (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 Item 1S-15 Contract No. __________________ 8 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 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 Item 1S-16 Contract No. __________________ 9 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. 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 Item 1S-17 Contract No. __________________ 10 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 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. Item 1S-18 Contract No. __________________ 11 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 maximum compensation for Services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. The total compensation, in the aggregate, shall not exceed TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000) 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 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 Item 1S-19 Contract No. __________________ 12 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 (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. Item 1S-20 Contract No. __________________ 13 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: GARLAND/DBS, INC. 3800 EAST 91ST STREET CLEVELAND, OH 44105 ATTENTION: DIVISION CONTROLLER City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 Attn: City Clerk 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 the Services, the Project this Agreement or any Task Order, 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. Item 1S-21 Contract No. __________________ 14 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. 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, Item 1S-22 Contract No. __________________ 15 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. 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 1S-23 SIGNATURE PAGE TO MAINTENANCE SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND GARLAND/DBS, 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 GARLAND/DBS, INC. By: Printed Name: By: Its: Printed Name: ____________________________________ Contractor’s License Number and Classification ____________________________________ DIR Registration Number (if applicable) Item 1S-24 Contract No. __________________ Exhibit “A” Revised 11-2-20 BBK 72500.00001\32374915.1 EXHIBIT “A” SCOPE AND SCHEDULE OF SERVICES Item 1S-25 Item 1S-26 Item 1S-27 Item 1S-28 Item 1S-29 EXHIBIT “B” SAMPLE TASK ORDER FORM Task Order No. ______ Agreement: MAINTENANCE SERVICES AGREEMENT Contractor: GARLAND/DBS, INC. The Contractor is hereby authorized to perform the following work subject to the provisions of the Agreement identified above: List any attachments: Dollar Amount of Task Order: Not to exceed $_____,_____.00 Completion Date: ____________, 20___ The undersigned Contractor hereby agrees that it will provide all equipment, furnish all materials, except as may be otherwise noted above, and perform all work specified above in accordance with the Agreement identified above and will accept as full payment therefore the amount shown above. CITY OF PALM DESERT GARLAND/DBS, INC. Dated: Dated: By: By: Item 1S-30 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. This contract includes and herby incorporates in full by reference the Compensation for the Scope of Services to be as provided in the Contract entered into by the Contractor with Racine County, Wisconsin, dated September 27, 2019, for Roofing Supplies and Services, Waterproofing and Related Products and Services under the Omnia Partners (“Omnia”) Contract No. PW-1925, and Dry Zone Proposal dated November 2, 2022. The maximum compensation for Services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. The total compensation, in the aggregate, shall not exceed TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000) without written approval of the City Council or City Manager, as applicable. [SEE ATTACHED PROPOSAL FEE SCHEDULE] Item 1S-31 EXHIBIT “D” BONDS PERFORMANCE BOND AND PAYMENT BONDS ON FOLLOWING PAGES: Item 1S-32 Contract No. __________________ PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded to GARLAND/DBS, INC., (hereinafter referred to as the “Contractor”) an agreement for ROOF REPAIRS AND RELATED SERVICES ON CITY-OWNED BUILDINGS (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 DECEMBER 15, 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, GARLAND/DBS, 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 sum of up to TWO HUNDRED FIFTY THOUSAND DOLLARS, ($250,000.00), 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: Item 1S-33 Contract No. __________________ (1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or (2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code. [SIGNATURES ON NEXT PAGE] Item 1S-34 Contract No. __________________ 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 1S-35 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 1S-36 Contract No. __________________ 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 1S-37 Contract No. __________________ 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 DECEMBER 15, 2022 has awarded to GARLAND/DBS, INC. hereinafter designated as the “Principal,” a contract for the work described as follows: ROOF REPAIRS AND RELATED SERVICES ON CITY-OWNED BUILDINGS (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 DECEMBER 15, 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 up to TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00) 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 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 Item 1S-38 Contract No. __________________ 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. 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 1S-39 Contract No. __________________ 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 1S-40 Contract No. __________________ 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 1S-41 [This page has intentionally been left blank.] Page 1 of 4 CITY OF PALM DESERT STAFF REPORT MEETING DATE: December 15, 2022 PREPARED BY: Rosie Lua, Deputy Director of Development Services REQUEST: CONSIDERATION FOR ADOPTION OF AN URGENCY ORDINANCE (ZOA 22- 0005) AMENDING SECTION 25.34.030 OF THE PALM DESERT MUNICIPAL CODE (PDMC) RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENT QUALITY ACT (CEQA) RECOMMENDATION: 1.Conduct the public hearing and receive public testimony. 2.Waive further reading and adopt an Urgency Ordinance amending Section 25.34.030 of the PDMC relating to accessory dwelling units and junior accessory dwelling units and determining the ordinance to be exempt from CEQA (Public Resource Code Section 21080.17). BACKGROUND/ANALYSIS: In recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that, among other things, amended Government Code Sections 65852.2 and 65852.22 to impose new limits on local authority to regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs). In 2022, the California Legislature approved, and the Governor signed into law, a new bill (SB 897) that further amends Government Code Sections 65852.2 and 65852.22 (“New Amendments”), among other things, following are the new amendments. •Require the City of Palm Desert (City) to allow an increase in height for certain ADUs up to 18 or 25 feet, depending on the situation. •Require the City’s front setback to yield for certain ADUs. •Require the City to justify a denial with a full set of detailed comments describing the deficiencies in the application and an explanation on how to remedy them. •Remove the automatic repeal in 2025 (now the ADU statute is permanent). SB 897 takes effect on January 1, 2023. If the City’s ADU ordinance does not comply with the requirements of SB 897 by that date, the City’s existing ADU ordinance becomes null and void in its entirety as a matter of law, compelling the City to allow ADUs with no local regulation, except for the few requirements in the state ADU law itself. Strategic Plan: Amending the City’s ADU ordinance achieves the following Priority outlined in the Envision Palm Desert Strategic Plan: Land Use, Housing & Open Space: Item 3A-1 City of Palm Desert ADU Amendment Urgency Ordinance Page 2 of 4 Priority 2: Facilitate development of high-quality housing for people of all incomes. Executive Summary: The proposed Urgency Ordinance will amend Chapter 25.34 of the PDMC to mitigate newly imposed limits on local authority to regulate ADUs and JADUs in compliance with the provisions of Government Code Sections 65852.2 and 65852.22, as amended by recently approved legislation effective January 1, 2023. Background: History of Local Amendments to ADU Regulations In 2017, the state made significant changes to how cities regulate ADUs, primarily with respect to parking, types and sizes of ADUs, approval process, and timelines. In response, the City of Palm Desert adopted Ordinance No. 1321 on April 27, 2017 (ZOA17-018), to incorporate new local regulations for ADUs and JADUs in PDMC Chapter 25 (Section 25.34.030) consistent with 2017 state law. In 2019, Senate Bill 13 and Assembly Bills 68, 587, 671, and 881 amended Government Code Sections 65852.2 and 65852.22 to impose additional limits on ADUs. On October 29, 2020, the City adopted Ordinance No. 1358 to incorporate new local regulations for ADUs and JADUs in PDMC Chapter 25, Sections 25.34.030 (Accessory Dwelling Units), 25.10.030 (Residential Allowed Land Uses and Permit Requirements), 25.18.040 (Downtown Land use and Permit Requirements), and 25.99.020 (Land Use Definitions) consistent with 2019 state ADU laws. In addition, the City Council adopted the prohibition of short-term rental (STR) permit issuance in all ADUs. In 2022, the new state legislation intended to increase the production of ADUs necessitates the City to update its zoning regulations. Assembly Bill (AB) 221 and Senate Bill (SB) 897 both take effect on January 1, 2023, and include numerous changes to the state ADU laws. Item 3A-2 City of Palm Desert ADU Amendment Urgency Ordinance Page 3 of 4 The table below provides a comparison of the ADU state law with the City’s current ADU code requirements showing the changes proposed for the Urgency Ordinance. TABLE 1 ADU STATE LAW COMPARISON (HIGHLIGHTS OF STATE LAW CHANGES) City Regulations Post 2017 (ADU State Mandate) Current State ADU Requirements Proposed in Draft ADU Ordinance ADUs Ministerial Approval Yes Yes No change Streamline Permit Review 60 days 60 days No change Number of Allowed addt’l Dwelling Units on single family lots Up to 2 units (ADU/ JADU) Up to 2 units (ADU/ JADU) No change Number of Allowed addt’l Dwelling Units on multifamily Up to 2 units (ADUs) Up to 2 units (ADUs) No change Types of Units Allowed Converted, Attached JADUs/ADUs or Detached ADUs Converted, Attached JADUs/ADUs or Detached ADUs No change Minimum setback- Rear & Side 4 feet 4 feet No change Minimum Front Setback Based on underlying zone Front Setback requirement should allow an ADU no less than 800 square feet 25 feet Owner Occupancy Required No Required after January 1, 2025 Added language to align with State Law Short-term Rental Prohibition Yes Yes No Change Allows Rental of ADU Term longer than 30 days Term longer than 30 days ADU Height Detached ADU 16 feet 16 feet or Up to 18 feet (with 2 addt’l feet) if ½ mile from major transit stop 16 feet or Up to 18 feet (with 2 addt’l feet) if ½ mile from major transit stop Attached ADU 25 feet or allowed by zoning designation (whichever is lower) 2 story limit 25 feet or allowed by zoning designation (whichever is lower) 2-story limit Item 3A-3 City of Palm Desert ADU Amendment Urgency Ordinance Page 4 of 4 Design Standards Minimal Design Standards Objective Design Standards only Included additional Objective Design Standards for ADUs Nonconforming/Unpermitted Structures Limited allowance Limits Denial Added language to align with state law Failure to comply with Government Code Sections 65852.2 and 65852.22, as amended by January 1, 2023, renders the City’s ADU ordinance null and void, thereby limiting the City to the application of the few default state standards provided in these Government Code Sections. The approval of ADUs and JADUs based solely on these default statutory standards, without local regulations governing height, setback, landscape, and architectural review, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety. The ADU code amendments are proposed for adoption by urgency ordinance, in accordance with Government Code Section 36937, subdivision (b), which requires a four-fifth (4/5) vote by the City Council. Environment Review: Under California Public Resources Code Section 21080.17, the CEQA does not apply to the adoption of an ordinance by a city or county implementing the provisions of Section 65852.2 of the Government Code, which is California’s ADU law, and which also regulates JADUs, as defined by Section 65852.22. Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements the State’s ADU law. FINANCIAL IMPACT: There is no direct financial impact associated with this action. REVIEWED BY: Department Director: Richard D. Cannone, AICP Finance Director: Veronica Chavez City Attorney: Robert Hargreaves Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1. Draft City Council Ordinance 2. Draft Section 25.34.030 – Redline 3. CEQA Notice of Exemption 4. Senate Bill 897 Item 3A-4 URGENCY ORDINANCE NO. ________ AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT AMENDING CHAPTER 25, SECTION 25.34.030 OF THE CITY OF PALM DESERT MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) WHEREAS, the City of Palm Desert, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, state law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that, among other things, amended Government Code Sections 65852.2 and 65852.22 to impose new limits on local authority to regulate ADUs and JADUs; and WHEREAS, the City of Palm Desert adopted Zoning Ordinance Amendments ZOA17-018, Ordinance No. 1321 on April 27, 2017, and ZOA 20-0001, Ordinance No. 1358 on October 29, 2020, to adopt the State Accessory Dwelling Unit Laws amending Government Code Sections 65852.2 and 65852.22 to impose new limits on local authority to regulate ADUs and JADUs; and WHEREAS, in 2022, the California Legislature approved, and the Governor signed into law, a new bill (SB 897) that further amends Government Code Sections 65852.2 and 65852.22; and WHEREAS, SB 897 takes effect January 1, 2023, and if the City’s ADU ordinance does not comply with the requirements imposed by SB 897 by that date, the City’s entire existing ADU ordinance becomes null and void as a matter of law; and WHEREAS, the City desires to amend its local regulatory scheme for the construction of ADUs and JADUs to comply with the amended provisions of Government Code Sections 65852.2 and 65852.22; and WHEREAS, there is a current and immediate threat to the public health, safety, or welfare based on the passage of SB 897 because if the City’s ordinance does not comply with the amended laws as of January 1, 2023, and the City’s ADU ordinance becomes null and void, the City would thereafter be limited to applying the few default standards that are provided in Government Code Sections 65852.2 and 65852.22 for the approval of ADUs and JADUs; and WHEREAS, the approval of ADUs and JADUs based solely on the default statutory standards, without local regulations governing height, setback, landscape, and architectural review, among other things, would threaten the character of existing neighborhoods, and Item 3A-5 Ordinance No. _____ Page 2 negatively impact property values, personal privacy, and fire safety. These threats to public safety, health, and welfare justify the adoption of this ordinance as an urgency ordinance to be effective immediately upon adoption by a four-fifths (4/5) vote of the City Council; and WHEREAS, to protect the public safety, health, and welfare, the City Council may adopt this ordinance as an urgency measure in accordance with Government Code section 36937, subdivision (b). THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The recitals above are each incorporated by reference and adopted as findings by the City Council. SECTION 2. Under California Public Resources Code section 21080.17, the CEQA does not apply to the adoption of an ordinance by a city or county implementing the provisions of section 65852.2 of the Government Code, which is California’s ADU law, which also regulates JADUs, as defined by section 65852.22. Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements the State’s ADU law. SECTION 3. Section 25.34.030 of the Palm Desert Municipal Code is hereby amended and restated to read in its entirety as provided in Exhibit A, attached hereto and incorporated herein by reference. SECTION 4. This ordinance takes effect immediately upon its adoption. SECTION 5. The City Clerk shall either: (a) have this ordinance published in a newspaper of general circulation within 15 days after its adoption or (b) have a summary of this ordinance published twice in a newspaper of general circulation within 15 days after its adoption. SECTION 6. The City Clerk shall submit a copy of this ordinance to the Department of Housing and Community Development within 60 days after adoption. SECTION 7. If any provision of this ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this resolution are severable. The City Council declares that it would have adopted this resolution irrespective of the invalidity of any portion thereof. (Continues on next page) Item 3A-6 Ordinance No. _____ Page 3 ADOPTED ON ________________, 2022. JAN C. HARNIK MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK Item 3A-7 Ordinance No. _____ Page 4 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 _________, 2022, and adopted at a regular meeting of the City Council held on __________, 2022, 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 ______________, 2022. ANTHONY J. MEJIA CITY CLERK Item 3A-8 Ordinance No. _____ Page 5 EXHIBIT A Amended ADU Regulations (Follows this page) Item 3A-9 1 Section 25.34.030 Accessory Dwelling Units A. Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code sections 65852.2 and 65852.22. B. Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be: 1. Deemed to be inconsistent with the City’s General Plan and zoning designation for the lot on which the ADU or JADU is located. 2. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located. 3. Considered in the application of any local ordinance, policy, or program to limit residential growth. 4. Required to correct a nonconforming zoning condition, as defined in subsection C.7 below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12. C. Definitions. As used in this section, terms are defined as follows: 1. “Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling 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. An accessory dwelling unit also includes the following: a. An efficiency unit, as defined by section 17958.1 of the California Health and Safety Code; and b. A manufactured home, as defined by section 18007 of the California Health and Safety Code. 2. “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot. 3. “Complete independent living facilities” means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. 4. “Efficiency kitchen” means a kitchen that includes each of the following: a. A cooking facility with appliances. b. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU. Item 3A-10 2 5. “Junior accessory dwelling unit” or “JADU” means a residential unit that satisfies all of the following: a. It is no more than 500 square feet in size. b. It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure. c. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure. d. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling. e. It includes an efficiency kitchen, as defined in subsection C.4 above. 6. “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. 7. “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards. 8. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU. 9. “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting. 10. “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. 11. “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. D. Approvals. The following approvals apply to ADUs and JADUs under this section: 1. Building-permit Only. If an ADU or JADU complies with each of the general requirements in subsection E below, it is allowed with only a building permit in the following scenarios: Item 3A-11 3 a. Converted on Single-family Lot: One ADU as described in this subsection D.1.a and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU: i. Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single- family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and ii. Has exterior access that is independent of that for the single- family dwelling; and iii. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes. iv. The JADU complies with the requirements of Government Code Section 65852.22. b. Limited Detached on Single-family Lot: One detached, new- construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection D.1.a above), if the detached ADU satisfies each of the following limitations: i. The side- and rear-yard setbacks are at least four feet. ii. The total floor area is 800 square feet or smaller. iii. The peak height above grade does not exceed the applicable height limit in subsection E.2 below. c. Converted on Multifamily Lot: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection D.1.c, at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units. d. Limited Detached on Multifamily Lot: No more than two detached ADUs on a lot that has an existing or proposed multifamily dwelling if each detached ADU satisfies both of the following limitations: i. The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the City will not require any Item 3A-12 4 modification to the multifamily dwelling as a condition of approving the ADU. ii. The peak height above grade does not exceed the applicable height limit provided in subsection E.2 below. 2. ADU Permit. a. Except as allowed under subsection D.1 above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in subsections E and F below. b. The City may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the City’s ADU ordinance. The ADU-permit processing fee is determined by the Director of Development Services and approved by the City Council by resolution. 3. Process and Timing. a. An ADU permit is considered and approved ministerially, without discretionary review or a hearing. b. The City must approve or deny an application to create an ADU or JADU within 60 days from the date that the City receives a completed application. If the City has not approved or denied the completed application within 60 days, the application is deemed approved unless either: i. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or ii. When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing. c. If the City denies an application to create an ADU or JADU, the City must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection D.3.b above. Item 3A-13 5 d. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time. E. General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that are approved under subsections D.1 or D.2 above: 1. Zoning. a. An ADU or JADU subject only to a building permit under subsection D.1 above may be created on a lot in a residential or mixed-use zone. b. An ADU or JADU subject to an ADU permit under subsection D.2 above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use. 2. Height. a. Except as otherwise provided by subsections E.2.b and E.2.c below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height. b. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit. c. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height. d. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection E.2.d may not exceed two stories. e. For purposes of this subsection E.2, height is measured above existing legal grade to the peak of the structure. 3. Fire Sprinklers. a. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence. Item 3A-14 6 b. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. 4. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created. 5. No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 65852.26, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot). 6. Septic System. If the ADU or JADU will connect to an onsite wastewater- treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years. 7. Owner Occupancy. a. An ADU that is permitted after January 1, 2020, but before January 1, 2025, is not subject to any owner-occupancy requirement. b. Unless applicable law requires otherwise, an ADU that was created before January 1, 2020, is subject to the owner-occupancy requirement that was in place when the ADU was created. c. Unless applicable law requires otherwise, all ADUs that are permitted on or after January 1, 2025 are subject to the following owner-occupancy requirement: A natural person with legal or equitable title to the property must reside on the property as the person’s legal domicile and permanent residence. d. As required by state law, all JADUs are subject to an owner- occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence. However, the owner-occupancy requirement in this subsection E.7.c does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization. 8. Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder’s office and a copy filed with the Director of Development Services. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that: Item 3A-15 7 a. Except as otherwise provided in Government Code Section 65852.26, the ADU or JADU may not be sold separately from the primary dwelling. b. The ADU or JADU is restricted to the approved size and to other attributes allowed by this section. c. The deed restriction runs with the land and may be enforced against future property owners. d. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the ADU or JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Director’s determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code. e. The deed restriction is enforceable by the Director of Development Services or his or her designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit. 9. Certificate of Occupancy. A certificate of occupancy may not be issued for an ADU or JADU until a certificate of occupancy has been issued for the primary dwelling. 10. Income Reporting. In order to facilitate the City’s obligation to identify adequate sites for housing in accordance with Government Code sections 65583.1 and 65852.2, the following requirements must be satisfied: a. With the building-permit application, the applicant must provide the City with an estimate of the projected annualized rent that will be charged for the ADU or JADU. b. Within 90 days after each yearly anniversary of the issuance of the building permit, the owner must report the actual rent charged for the ADU or JADU during the prior year. If the City does not receive the report within the 90-day period, the owner is in violation of this Item 3A-16 8 Code, and the City may send the owner a notice of violation and allow the owner another 30 days to submit the report. If the owner fails to submit the report within the 30-day period, the City may enforce this provision in accordance with applicable law. 11. Building & Safety. a. Must comply with building code. Subject to subsection E.10.b below, all ADUs and JADUs must comply with all local building code requirements. b. No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or Code Enforcement Division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection E.10.b prevents the City from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section. F. Specific ADU Requirements. The following requirements apply only to ADUs that require an ADU permit under subsection D.2 above. 1. Maximum Size. a. The maximum size of a detached or attached ADU subject to this subsection F is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two or more bedrooms. b. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling. c. Application of other development standards in this subsection F, such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection F.1.b above or of an FAR, front setback, lot coverage limit, or open-space requirement may require the ADU to be less than 800 square feet. 2. Floor Area Ratio (FAR). No ADU subject to this subsection F may cause the total FAR of the lot to exceed 45 percent, subject to subsection F.1.c above. 3. Setbacks; Separation. a. An ADU that is subject to this subsection F must conform to a 25- foot front-yard setback, subject to subsection F.1.c above. Item 3A-17 9 b. An ADU that is subject to this subsection F must conform to 4-foot side- and rear-yard setbacks. c. No setback is required for an ADU that is subject to this subsection F if the ADU is constructed in the same location and to the same dimensions as an existing structure. d. An ADU that is subject to this subsection F must be at least 5 feet from any other dwelling or accessory structure. e. No part of an ADU that is subject to in this subsection F may intrude into the setback and separation areas that established by paragraphs F.3.a through d above. 4. Lot Coverage. No ADU subject to this subsection F may cause the total lot coverage of the lot to exceed 50 percent, subject to subsection F.1.c above. 5. Minimum Open Space. No ADU subject to this subsection F may cause the total percentage of open space of the lot to fall below 50 percent, subject to subsection F.1.c above. 6. Passageway. No passageway, as defined by subsection C.8 above, is required for an ADU. 7. Parking. a. Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection C.11 above. b. Exceptions. No parking under subsection F.7.a is required in the following situations: i. The ADU is located within one-half mile walking distance of public transit, as defined in subsection C.10 above. ii. The ADU is located within an architecturally and historically significant historic district. iii. The ADU is part of the proposed or existing primary residence or an accessory structure under subsection D.1.a above. iv. When on-street parking permits are required but not offered to the occupant of the ADU. v. When there is an established car share vehicle stop located within one block of the ADU. Item 3A-18 10 vi. When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections F.7.b.i through v above. c. Space Dimensions. Any parking space that is required by this subsection F.7 must comply with the following minimum dimensions: i. A covered space must be at least 10 feet and 20 feet long. ii. An uncovered space must be at least 9 feet wide and 18.5 feet long. d. No Replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced. 8. Architectural Requirements. a. The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling. b. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof. c. All roof and ground-mounted equipment must be fully screened from the adjacent public right-of-way and adjacent properties. Masonry walls, landscaping, or architectural features may be used to provide screening and prevent a direct line of sight. d. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code. e. The ADU must have an independent exterior entrance, apart from that of the primary dwelling. f. The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet. g. Windows and doors of the ADU may not have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight. Item 3A-19 11 h. All windows and doors in an ADU are less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass. i. The ADU and primary dwelling must use the same driveway to access the street, unless otherwise required for fire-access access as determined by the fire marshal. 9. Landscape Requirements. Evergreen landscape screening must be planted and maintained between the ADU and adjacent parcels as follows: a. At least one 15-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24” box size plant shall be provided for every ten linear feet of exterior wall. b. Plant specimens must be at least six feet tall when installed. As an alternative, the owner may provide the required screening with a solid wall or fence of at least 6 feet in height that is approved in accordance with this title. c. All landscaping must be drought-tolerant. d. All landscaping must be from the City’s approved plant list. 10. Historical Protections. The following requirements apply to all ADUs that are subject to this subsection F and that An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of- way. G. Fees. The following requirements apply to all ADUs that are approved under subsections D.1 or D.2 above. 1. Impact Fees. a. No impact fee is required for an ADU that is less than 750 square feet in size. For purposes of this subsection G.1, “impact fee” means a “fee” under the Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under the Quimby Act (Gov. Code § 66477). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service. b. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.) 2. Utility Fees. Item 3A-20 12 a. If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required. b. Except as described in subsection G.2.a, converted ADUs on a single-family lot that are created under subsection D.1.a above are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required. c. Except as described in subsection G.2.a, all ADUs that are not covered by subsection G.2.b require a new, separate utility connection directly between the ADU and the utility. i. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system. ii. The portion of the fee or charge that is charged by the City may not exceed the reasonable cost of providing this service. H. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures. 1. Generally. The City will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU. 2. Unpermitted ADUs constructed before 2018. a. Permit to Legalize. As required by state law, the City may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if denial is based on either of the following grounds: i. The ADU violates applicable building standards, or ii. The ADU does not comply with the state ADU law (Government Code section 65852.2) or this ADU ordinance (section 25.34.030). b. Exceptions: i. Notwithstanding subsection H.2.a above, the City may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the City makes a finding that correcting a violation is necessary to protect the Item 3A-21 13 health and safety of the public or of occupants of the structure. ii. Subsection H.2.a above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3. I. Nonconforming ADUs and Discretionary Approval. 1. A proposed ADU or JADU that does not qualify for ministerial approval under the objective standards set forth in subsections A through H of this section may be allowed by the City with a conditional use permit, in accordance with the other provisions of this title. 2. A proposed ADU or JADU that does not qualify for ministerial approval under the objective standards set forth in subsections A through H and that is on real property that is listed in the California Register of Historic Resources or is a Landmark, as defined by Chapter 29.20 of the Palm Desert Municipal Code is also subject to the following requirements: a. All additions and modifications that affect the exterior of the primary dwelling require a Certificate of Appropriateness in accordance with Title 29 of the Palm Desert Municipal Code. b. All additions and exterior modifications must preserve the architectural character, and retain any distinctive stylistic features of the existing research and be subject to design standards identified under Section 29.60.080 of the Palm Desert Municipal Code. Item 3A-22 1 Section 25.34.030 Accessory Dwelling Units A. A. Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code SectionsGovernment Code sections 65852.2 and 65852.22. B. B Effect of conformingConforming. An ADU or JADU that conforms to the standards in this section will not be: C. 1 Deemed to be inconsistent with the City’s General Plan and zoning designation for the lot on which the ADU or JADU is located. D. 2 Deemed to exceed the allowable density for the lot on which the ADU or JADU is located. E. 3 Considered in the application of any local ordinance, policy, or program to limit residential growth. F. 4 Required to correct a nonconforming zoning condition, as defined in subsection CC.7 below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code SectionHealth and Safety Code section 17980.12. G. C Definitions. For the purposes ofAs used in this section, the following definitions shall apply.terms are defined as follows: H. “Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling 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. An accessory dwelling unit also includes the following: I. 1 An efficiency unit, as defined by Sectionsection 17958.1 of the California Health and Safety CodeHealth and Safety Code; and J. 2 A manufactured home, as defined by Sectionsection 18007 of the California Health and Safety CodeHealth and Safety Code. K. “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot. Item 3A-23 2 L. “Complete independent living facilities” means a permanent provisionprovisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. M. “Efficiency kitchen” means a kitchen that includes each of the following: N. 1 A cooking facility with appliances. O. 2 A food preparation counter or counters that total at least 15 square feet in areaand storage cabinets that are of a reasonable size in relation to the size of the JADU. 3 Food storage cabinets that total at least 30 square feet of shelf space. 5. “Junior accessory dwelling unit (” or “JADU)” means a residential unit that satisfies all of the following: 6. 1 IsIt is no greatermore than 500 square feet in size,. 7. 2 IsIt is contained entirely within an existing or proposed single-family structure,. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure. 8. 3 IncludesIt includes its own separate sanitation facilities or shares sanitation facilities with the existing or propo sed single-family structure, and. 9. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling. 10. 4 IncludesIt includes an efficiency kitchen, as defined by this in subsection (C)(4) of this codeC.4 above. 11. “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. 12. “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards. “Owner” means the property owner on the latest equalized property tax as sessment roll. If the owner is not a natural person or group of natural persons (e.g. the owner is a trust Item 3A-24 3 or corporation), then the owner(s) shall designate a natural person for the purpose of satisfying the owner occupancy requirements set forth in Subse ction (E)(6). The owner(s) designated natural person(s) shall reside on-site shall have authority to bind the owner in all matters related to the site, and shall not pay rent or other compensation, nor provide services to the owner. “Owner-occupancy” means an owner currently resides on the property in either the primary dwelling unit, ADU or JADU. 8. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU. “Primary dwelling” means an existing single-family dwelling, or the larger of two proposed dwellings. 9. “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting. 10. “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. 11. “Tandem parking” means a parking design in whichthat two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. 12. D. Approvals. The following approvals apply to ADUs and JADUs under this section: 13. 1 Building-PermitBuilding-permit Only. If an ADU or JADU complies with each of the general requirements listed in subsection (D)E below, it is allowed with only a building permit in the following scenarios: 14. a Converted on Single-FamilySingle-family Lot: Only oneOne ADU oras described in this subsection 14 and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU: 15. i Is either contained: within the floor areaspace of a proposed single-family dwelling; contained within the existing floor areaspace of an existing single-family dwelling; or contained(in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress.; and Item 3A-25 4 16. ii Has exterior access that is independent of that for the single-family dwelling.; and 17. iii. Provides minimumHas side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes. 18. The JADU complies with the requirements of Government Code Section 65852.22. 19. b Limited Detached on Single-FamilySingle-family Lot: One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection (D)(1)(a) aboveD.1.a above), if the detached ADU satisfies each of the following limitations: 20. I The side- and rear-yard setbacks are at least 4four feet. 21. ii The total floor area is below 800 square feet or smaller. iii The total height of the structure, as measured from grade to the top of pitch, is 16 feet or less. iii. The peak height above grade does not exceed the applicable height limit in subsection xvii below. iv. c Converted on Multifamily Lot: Multiple ADUs up to 25 percent of the total multifamily dwelling units, but no less than 1 unit, are allowedOne or more ADUs within portions of existing multifamily dwelling structures that are not used as living arealivable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, provided thatif each converted ADU complies with state building standards for dwellings. Under this subsection iv, at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units. v. d Limited Detached on Multifamily Lot: No more than 2two detached ADUs on a lot that has an existing or proposed multifamily dwelling if each detached ADU satisfies both of the following limitations: Item 3A-26 5 vi. i The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the City will not require any modification to the multifamily dwelling as a condition of approving the ADU. ii The total floor area is 800 square feet or smaller. ii. The peak height above grade does not exceed the applicable height limit provided in subsection xvii below. iii. 2 ADU Permit. iv. a Except as allowed under subsection (D)(1) aboveD.1 above, no ADU shallmay be created without obtaining a building permit and an ADU permit in compliance with the standards set forth in subsections EE and F belowF below. v. b The City may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the City’s ADU ordinance. The ADU-permit processing fee is determined by the Director of Development Services and approved by the City Council by resolution. vi. 3 Process and Timing. vii. a An ADU permit is considered and approved ministerially, without discretionary review or a hearing. viii. b The City must act onapprove or deny an application to create an ADU or JADU within 60 days from the date that the City receives a completed application,. If the City has not approved or denied the completed application within 60 days, the application is deemed approved unless either: ix. i The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or x. ii In the case of a JADU and theWhen an application to create a junior accessory dwelling unitan ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be Item 3A-27 6 considered ministerially without discretionary review or a hearing. xi. If the City denies an application to create an ADU or JADU, the City must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection viii above. xii. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time. xiii. E General ADU and JADU requirementsRequirements. The following requirements apply to all ADUs and JADUs that are approved under subsections (D)(1) or (D)(2) aboveD.1 or iii above: xiv. 1 Zoning. xv. a An ADU or JADU subject only to a building permit under subsection (D)(1) aboveD.1 above may be created on anya lot in a residential or mixed-use zone, with exception to the City’s Hillside Planned Residential (HPR) Zone.. xvi. b An ADU or JADU subject to an ADU permit under subsection (D)(2) aboveD.2 above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use, with exception to the City’s Hillside Planned Residential (HPR) Zone.. xvii. Height. xviii. Except as otherwise provided by subsections xix and xx below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height. xix. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit. Item 3A-28 7 xx. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height. xxi. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection xxi may not exceed two stories. xxii. For purposes of this subsection xvii, height is measured above existing legal grade to the peak of the structure. xxiii. 2 Fire Sprinklers. xxiv. Fire sprinklers shall beare required in an ADU if sprinklers are required in the primary residence. xxv. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. xxvi. 3 Rental Term. The rental of an accessory dwelling unit created pursuant to subsection (D)(1) shall be for a term longer than 27 days.No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created. xxvii. 4 No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 65852.26, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single - family lot) or from the lot and all of the dwellings (in the case of a multifamily lot) except where allowed for qualifying units under Government Code Section 65852.26. xxviii. 5 Septic System. If the ADU or JADU will connect to an onsite water-treatmentwastewater-treatment system, the owner must include with the application a percolation test completed within the last 5five years or, if the percolation test has been recertified, within the last 10 years. xxix. 6 Owner Occupancy. xxx. a All ADUs created beforeAn ADU that is permitted after January 1, 2020 are, but before January 1, 2025, is not subject to theany owner-occupancy requirement that was in place when the ADU was created. Item 3A-29 8 xxxi. b AnUnless applicable law requires otherwise, an ADU that iswas created after that date but before January 1, 20252020, is not subject to anythe owner-occupancy requirement that was in place when the ADU was created. xxxii. c AllUnless applicable law requires otherwise, all ADUs that are createdpermitted on or after January 1, 2025, are subject to anthe following owner-occupancy requirement.: A natural person with legal or equitable title to the property must reside on the property as the person’s legal domicile and permanent residence. xxxiii. d AllAs required by state law, all JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence. However, the owner-occupancy requirement ofin this paragraphsubsection xxxiii does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization. xxxiv. 7 Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder’s office and a copy filed with the Director of Development Services. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that: xxxv. a TheExcept as otherwise provided in Government Code Section 65852.26, the ADU or JADU may not be sold separately from the primary dwelling except where allowed for qualifying units under Government Code Section 65852.26. xxxvi. b The ADU or JADU is restricted to the approved size and to other attributes allowed by this section. xxxvii. c The deed restriction runs with the land and may be enforced against future property owners. xxxviii. d The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the ADU or JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal ma y be taken from the Director’s determination consistent with other provisions of this codeCode. If the ADU or JADU is not entirely Item 3A-30 9 physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this codeCode. xxxix. e The deed restriction is enforceable by the Director of Community Development Services or his or her designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit. xl. 8 Certificate of Occupancy. A certificate of occupancy shallmay not be issued for an ADU or JADU prior to theuntil a certificate of occupancy has been issued for the primary dwelling. xli. Income Reporting. In order to facilitate the City’s obligation to identify adequate sites for housing in accordance with Government Code sections 65583.1 and 65852.2, the following requirements must be satisfied: xlii. With the building-permit application, the applicant must provide the City with an estimate of the projected annualized rent that will be charged for the ADU or JADU. xliii. Within 90 days after each yearly anniversary of the issuance of the building permit, the owner must report the actual rent charged for the ADU or JADU during the prior year. If the City does not receive the report within the 90-day period, the owner is in violation of this Code, and the City may send the owner a notice of violation and allow the owner another 30 days to submit the report. If the owner fails to submit the report within the 30-day period, the City may enforce this provision in accordance with applicable law. xliv. Building & Safety. xlv. Must comply with building code. Subject to subsection xlvi below, all ADUs and JADUs must comply with all local building code requirements. xlvi. No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or Code Enforcement Division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, Item 3A-31 10 adverse impact on public health and safety. Nothing in this subsection xlvi prevents the City from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section. xlvii. F Specific ADU requirementsRequirements. The following requirements apply only to ADUs that require a Ministerialan ADU permit under subsection (D)(2) aboveD.2 above. xlviii. 1 Maximum Size. xlix. a The maximum size of a detached or attached ADU subject to this subsection shall beF is 850 square feet for a studio or 1-bedroomone-bedroom unit and 1,000 square feet for a unit with 2two or more bedrooms. No more than 2 bedrooms are allowed. l. b An attached ADU that is created on a lot with an existing primary dwelling shall beis further limited to 50 percent of the floor area of the existing primary dwelling. li. c Application of other development standards in this subsection FF, such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection l above or of an FAR, front setback, lot coverage limit, or open-space requirementsrequirement may require the ADU to be less than 800 square feet. lii. 2 Floor Area Ratio (FAR). No ADU subject to this subsection shallF may cause the total FAR of the lot to exceed the maximum permitted floor area ratio allowed for the underlying zoning designation 45 percent, subject to subsection (F)(1)(c) aboveF.1.c above. liii. Setbacks; Separation. liv. An ADU that is subject to this subsection xlvii must conform to a 25-foot front-yard setback, subject to subsection li above. lv. An ADU that is subject to this subsection xlvii must conform to 4-foot side- and rear-yard setbacks. lvi. No setback is required for an ADU that is subject to this subsection xlvii if the ADU is constructed in the same location and to the same dimensions as an existing structure. lvii. An ADU that is subject to this subsection xlvii must be at least 5 feet from any other dwelling or accessory structure. Item 3A-32 11 lviii. No part of an ADU that is subject to in this subsection xlvii may intrude into the setback and separation areas that established by paragraphs liv through lvii above. lix. 3 Lot Coverage. No ADU subject to this subsection F shallF may cause the total lot coverage of the lot to exceed the maximum lot coverage allowed for the underlying zoning designation50 percent, subject to subsection (F)(1)(c) aboveF.1.c above. lx. 4 Minimum Open Space. No ADU subject to this subsection F shallF may cause the total percentage of open space or landscaping of the lot to fall below the minimum required open space percentage for the underlying zoning designation50 percent, subject to subsection (F)(1)(c) aboveF.1.c above. 5 Height. a A single-story attached or detached ADU may not exceed 16 feet in height above grade, measured to the peak of the structure. In no case shall an ADU exceed the height of the primary dwelling unit. b A detached ADU may not exceed 1 story. 6. 6 Passageway. No passageway, as defined by this sectionsubsection 8 above, is required for an ADU. 7. 7 Parking. 8. a Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by this section. Such parking space shall be 10 feet wide by 20 feet-deep for covered spaces and 9 feet wide by 18 feet and 6 inches deep for open spaces.subsection 11 above. 9. b Exceptions. No parking under subsection (F)(7)(a)F.7.a is required in the following situations: 10. i The ADU is located within ½one-half mile walking distance of public transit, as defined by this sectionin subsection 10 above. 11. ii The ADU is located within an architecturally and historically significant historic district. 12. Iii The ADU is part of the proposed or existing primary residence, converted non-living, or a converted or an Item 3A-33 12 accessory structure under subsection (D)(1)(a) aboveD.1.a above. 13. Iv When on-street parking permits are required but not offered to the occupant of the ADU. 14. v When there is an established car share vehicle stop located within 1one block of the ADU. 15. When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections 10 through 14 above. 16. Space Dimensions. Any parking space that is required by this subsection 7 must comply with the following minimum dimensions: 17. A covered space must be at least 10 feet and 20 feet long. 18. An uncovered space must be at least 9 feet wide and 18.5 feet long. 19. c No Replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced. 20. 8 Architectural Requirements. a All architectural details of an ADU shall match the style, materials, colors, and quality of the primary dwelling. a. b The materials and colors of the exterior walls, roof, eaves and windows and doors shallmust match the appearance and architectural design of those of the primary dwelling. c The roof pitch, roof type, roof shape and roof material shall match the primary dwelling. b. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof. c. d All roof and ground-mounted equipment shallmust be fully screened from the adjacent public right-of-way and adjacent Item 3A-34 13 properties. Masonry walls, landscaping, or architectural features may be used to provide screening and prevent a direct line of sight. d. e AllThe exterior lighting shall comply with Chapter 24.16 of the Palm Desert Municipal Code and shallmust be limited to down-lights or as otherwise required by the building or fire code. e. f The ADU must have an independent exterior entrance, apart from that of the primary dwelling. The ADU entrance must be located on the side or rear building façade, not facing a public-right-of-way. f. g The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of 7seven feet. g. h Windows and doors of the ADU may not have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight. h. All windows and doors in an ADU are less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass. i. The ADU and primary dwelling must use the same driveway to access the street, unless otherwise required for fire-access access as determined by the fire marshal. j. 9 Landscape Requirements. a Evergreen landscape screening must be planted and maintained between the ADU and adjacent parcels as follows: a. b At least one 15-gallon size plant shall be provided for every 5five linear feet of exterior wall. Alternatively, at least one 24 inch” box size plant shall be provided for every 10ten linear feet of exterior wall. b. c For a ground-level ADU, plantPlant specimens must be at least 6six feet tall when installed. As an alternative, for a ground level ADU,the owner may provide the required screening with a solid wall or fence of at least 6 feet in height where allowed may be installedthat is approved in accordance with this title. Item 3A-35 14 c. d All landscaping must be drought-tolerant. d. e All landscaping must be from the City’s approved plant palletlist. f The ADU and primary dwelling must use the same driveway to access the street, unless otherwise required for fire-apparatus access, as determined by the fire marshal. 10. 10. Historical Protections. The following requirements apply to all ADUs onthat are subject to this subsection xlvii and that An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources or Landmark as defined under Chapter 29.20 of the Palm Desert Municipal Code:must be located so as to not be visible from any public right-of-way. 11. Fees. The following requirements apply to all ADUs that are approved under subsections 13 or iii above. a All additions and modifications affecting the exterior of the primary dwelling shall be subject to obtaining a Certificate of Appropriateness in accordance with Title 29 of the Palm Desert Municipal Code b Additions and exterior modifications shall preserve the architectural character, and retain any distinctive stylistics features of the existing research and be subject to design standards identified under Section 29.60.080 of the Palm Desert Municipal Code. G. Fees. 1. 1 Impact Fees. 2. a No impact fee is required for an ADU that is less than 750 square feet in size. For purposes of this subsection 1, “impact fee” means a “fee” under the Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under the Quimby Act (Gov. Code § 66477). “Impact fee” here does not include any connection fee or capaCity charge for water or sewer service. 3. b Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (eE.g., the floor area of the primary dwellingADU, divided by the floor area of the ADUprimary dwelling, times the typical fee amount charged for a new dwelling.) “Impact fee” here does not include any 4. Utility Fees. Item 3A-36 15 5. If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee or capacityand capaCity charge for water or sewer servicea new dwelling are required. 2 Utility Fees. b. a ConvertedExcept as described in subsection 5, converted ADUs and JADUs on a single-family lot, that are created under subsection (D)(1)(a) above,D.1.a above are not required to have a new or separate utility connection directly between the ADU or JADU and the utility. Nor is a connection fee or capacitycapaCity charge required unless the ADU or JADU is constructed with a new single-family home. c. b AllExcept as described in subsection 5, all ADUs and JADUsthat are not covered by subsection (G)(2)(a) aboveG.2.b require a new, separate utility connection directly between the ADU or JADU and the utility. d. The connection is subject to a connection fee or capacitycapaCity charge that is proportionate to the burden created by the ADU or JADU, based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system. e. The portion of the fee or charge that is charged by the City may not exceed the reasonable cost of providing this service. f. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures. g. Generally. The City will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construc tion of the ADU or JADU. h. Unpermitted ADUs constructed before 2018. i. Permit to Legalize. As required by state law, the City may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if denial is based on either of the following grounds: Item 3A-37 16 j. The ADU violates applicable building standards, or k. The ADU does not comply with the state ADU law (Government Code section 65852.2) or this ADU ordinance (section 25.34.030). l. Exceptions: m. Notwithstanding subsection i above, the City may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the City makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure. n. Subsection i above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3. o. Nonconforming ADUs and Discretionary Approval. p. H. Nonconforming ADUs and discretionary approval. AnyA proposed ADU or JADU that does not conform toqualify for ministerial approval under the objective standards set forth in subsections AA through (G)(2)H of this section may be allowed by the City with a conditional use permit, in accordance with the other provisions of this title. (Ord. 1358 § 2, 2020; Ord. 1321 § 2, 2017; Ord. 1259 § 1, 2013) q. A proposed ADU or JADU that does not qualify for ministerial approval under the objective standards set forth in subsections A through f and that is on real property that is listed in the California Register of Historic Resources or is a Landmark, as defined by Chapter 29.20 of the Palm Desert Municipal Code is also subject to the following requirements: r. All additions and modifications that affect the exterior of the primary dwelling require a Certificate of Appropriateness in accordance with Title 29 of the Palm Desert Municipal Code. s. All additions and exterior modifications must preserve the architectural character, and retain any distinctive stylistic features of the existing research and be subject to design standards identified under Section 29.60.080 of the Palm Desert Municipal Code. Item 3A-38 Summary report: Litera Compare for Word 11.3.0.46 Document comparison done on 12/6/2022 2:24:19 PM Style name: Default Style Intelligent Table Comparison: Active Original DMS: iw://bbklaw-mobility.imanage.work/IMANAGE/40888526/1 Modified filename: PALM DESERT - ADU ordinance - updated code (Dec 2022) _BBK edits 12.6.2022_(40888560.1).docx Changes: Add 534 Delete 271 Move From 0 Move To 0 Table Insert 0 Table Delete 0 Table moves to 0 Table moves from 0 Embedded Graphics (Visio, ChemDraw, Images etc.) 0 Embedded Excel 0 Format changes 0 Total Changes: 805 Item 3A-39 Notice of Exemption FORM “B” NOTICE OF EXEMPTION TO: Office of Planning and Research P. O. Box 3044, Room 113 Sacramento, CA 95812-3044 FROM: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Clerk of the Board of Supervisors or County Clerk County of: Riverside 2724 Gateway Dr, Riverside, CA 92507 1. Project Title: Accessory Dwelling Unit Amendment Update (SB 897) 2. Project Applicant: City of Palm Desert 3. Project Location – Identify street address and cross streets or attach a map showing project site (preferably a USGS 15’ or 7 1/2’ topographical map identified by quadrangle name): City-wide 4. (a) Project Location – City: Palm Desert (b) Project Location – County: Riverside 5. Description of nature, purpose, and beneficiaries of Project: City of Palm Desert 6. Name of Public Agency approving project: City of Palm Desert 7. Name of Person or Agency undertaking the project, including any person undertaking an activity that receives financial assistance from the Public Agency as part of the activity or the person receiving a lease, permit, license, certificate, or other entitlement of use from the Public Agency as part of the activity: City of Palm Desert 8. Exempt status: (check one) (a) Ministerial project. (Pub. Res. Code § 21080(b)(1); State CEQA Guidelines § 15268) (b) Not a project. (c) Emergency Project. (Pub. Res. Code § 21080(b)(4); State CEQA Guidelines § 15269(b),(c)) (d) Categorical Exemption. State type and section number: (e) Declared Emergency. (Pub. Res. Code § 21080(b)(3); State CEQA Guidelines § 15269(a)) (f) Statutory Exemption. State Code section number: (Pub. Res. Code § 21080.17; State CEQA Guidelines (g) Other. Explanation: General Rule – Section 15061(b)(3) 9. Reason why project was exempt: Under California Public Resources Code section 21080.17, the CEQA does not apply to the adoption of an ordinance by a city or county implementing the Item 3A-40 Notice of Exemption FORM “B” provisions of section 65852.2 of the Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 65852.22 10. Lead Agency Contact Person: Rosie Lua, Deputy Director of Development Services Telephone: (760) 346-0611 11. If filed by applicant: Attach Preliminary Exemption Assessment (Form “A”) before filing. 12. Has a Notice of Exemption been filed by the public agency approving the project? Yes No 13. Was a public hearing held by the lead agency to consider the exemption? Yes No If yes, the date of the public hearing was: December 6, 2022 Signature:__________________________________ Date:_______________ Title:__________________________ Signed by Lead Agency Signed by Applicant Date Received for Filing: (Clerk Stamp Here) Authority cited: Sections 21083 and 21100, Public Resources Code. Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. Item 3A-41 SHARE THIS:Date Published: 09/29/2022 02:00 PM SB-897 Accessory dwelling units: junior accessory dwelling units.(2021-2022) Senate Bill No. 897 CHAPTER 664 An act to amend Section 65852.22 of, to add Section 65852.23 to, and to repeal and amend Section 65852.2 of, the Government Code, and to amend Section 17980.12 of the Health and Safety Code, relating to land use. [ Approved by Governor September 28, 2022. Filed with Secretary of State September 28, 2022. ] LEGISLATIVE COUNSEL'S DIGEST SB 897, Wieckowski. Accessory dwelling units: junior accessory dwelling units. (1) Existing law, the Planning and Zoning Law, authorizes a local agency, by ordinance or ministerial approval, to provide for the creation of accessory dwelling units in areas zoned for residential use, as specified. Existing law authorizes a local agency to impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, and maximum size of a unit. This bill would require that the standards imposed on accessory dwelling units be objective. For purposes of this requirement, the bill would define “objective standard” as a standard that involves no personal or subjective judgment by a public official and is uniformly verifiable, as specified. The bill would also prohibit a local agency from denying an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit. This bill would require a local agency to review and issue a demolition permit for a detached garage that is to be replaced by an accessory dwelling unit at the same time as it reviews and issues the permit for the accessory dwelling unit. The bill would prohibit an applicant from being required to provide written notice or post a placard for the demolition of a detached garage that is to be replaced by an accessory dwelling unit, as specified. Existing law provides that an accessory dwelling unit may either be an attached or detached residential dwelling unit, and prescribes the minimum and maximum unit size requirements, height limitations, and setback requirements that a local agency may establish, including a 16-foot height limitation and a 4-foot side and rear setback requirement. This bill would increase the maximum height limitation that may be imposed by a local agency on an accessory dwelling unit to 18 feet if the accessory dwelling unit is within 1/2 mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined, or if the accessory dwelling unit is detached and on a lot that has an existing multifamily, multistory dwelling, as specified. The bill would increase the maximum Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites Item 3A-42 height limitation that may be imposed by a local agency on an accessory dwelling unit to 25 feet if the accessory dwelling unit is attached to a primary dwelling, except as specified. Existing law requires an ordinance that provides for the creation of an accessory dwelling unit to require accessory dwelling units to comply with local building code requirements that apply to detached dwellings, as appropriate. Existing law also prohibits an ordinance from requiring an accessory dwelling unit to provide fire sprinklers if they are not required for the primary residence. This bill would provide that the construction of an accessory dwelling unit does not constitute a Group R occupancy change under the local building code, except as specified. The bill would prohibit the construction of an accessory dwelling unit from triggering a requirement that fire sprinklers be installed in the existing primary dwelling. Existing law provides that a local agency must ministerially approve an application for a building permit within a residential or mixed-use zone to create not more than 2 accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limitation of 16 feet and a 4-foot side and rear setback requirement. This bill would change the height limitation applicable to an accessory dwelling unit subject to ministerial approval to 18 feet if the accessory dwelling unit is within 1/2 mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined, or if the accessory dwelling unit is detached and on a lot that has an existing multifamily, multistory dwelling, as specified. The bill would change the height limitation applicable to an accessory dwelling unit subject to ministerial approval to 25 feet if the accessory dwelling unit is attached to a primary dwelling, except as specified. The bill, if the existing multifamily dwelling exceeds applicable height requirements or has a rear or side setback of less than 4 feet, would prohibit a local agency from requiring any modification to the existing multifamily dwelling to satisfy these requirements. The bill would prohibit a local agency from rejecting an application for an accessory dwelling unit because the existing multifamily dwelling exceeds applicable height requirements or has a rear or side setback of less than 4 feet. Existing law prohibits a local agency from imposing parking standards on certain accessory dwelling units, including those that are located within 1/2-mile walking distance of public transit. This bill would also prohibit a local agency from imposing any parking standards on an accessory dwelling unit that is included in an application to create a new single-family dwelling unit or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit meets other specified requirements. Existing law, when a local agency has not adopted an ordinance governing accessory dwelling units, requires a permitting agency to act on an application to create an accessory dwelling unit or a junior accessory dwelling unit within specified timeframes. This bill would require a permitting agency to return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant, if the permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit. (2) Existing law also provides for the creation of junior accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions. Existing law requires an ordinance that provides for the creation of a junior accessory dwelling unit to, among other things, (A) require that the unit be constructed within the walls of the proposed or existing single-family residence, (B) require that the unit include a separate entrance from the main entrance to the proposed or existing single-family residence, and (C) require owner-occupancy in the single-family residence in which the junior accessory dwelling unit is permitted. This bill would specify that enclosed uses within the proposed or existing single-family residence, such as attached garages, are considered a part of the proposed or existing single-family residence. The bill would require a junior accessory dwelling unit that does not include a separate bathroom to include a separate entrance from the main entrance to the structure, with an interior entry to the main living area. The bill would also prohibit a local agency from denying an application for a permit to create a junior accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the junior accessory dwelling unit. Item 3A-43 (3) Existing law requires a local agency, in enforcing building standards applicable to accessory dwelling units, to delay enforcement for up to 5 years upon the owner submitting an application requesting the delay on the basis that correcting the violation is not necessary to protect health and safety. This bill would prohibit a local agency from denying a permit for an unpermitted accessory dwelling unit that was constructed before January 1, 2018, because, among other things, the unit is in violation of building standards or state or local standards applicable to accessory dwelling units, unless the local agency makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure. This bill would specify that this prohibition does not apply to a building that is deemed substandard under specified provisions of law. (4) Existing law requires the Department of Housing and Community Development to administer various programs intended to promote the development of housing, including the Multifamily Housing Program, pursuant to which the department provides financial assistance in the form of deferred payment loans to pay for the eligible costs of development for specified activities. This bill would state the intent of the Legislature that accessory dwelling unit grant programs provide funding for predevelopment costs and facilitate accountability and oversight, as specified. (5) This bill would incorporate additional changes to Section 65852.2 of the Government Code proposed by AB 2221 to be operative only if this bill and AB 2221 are enacted and this bill is enacted last. (6) By imposing new duties on local governments with respect to the approval of accessory dwelling units and junior accessory dwelling units, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. It is the intent of the Legislature to ensure that grant programs that fund the construction and maintenance of accessory dwelling units undertake both of the following: (a) Provide funding for predevelopment costs, such as development of plans and permitting of accessory dwelling units. (b) Facilitate accountability and oversight, including annual reporting on outcomes to the Legislature. SEC. 2. Section 65852.2 of the Government Code, as amended by Section 1 of Chapter 343 of the Statutes of 2021, is amended to read: 65852.2. (a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to allow single-family or multifamily dwelling residential use. The ordinance shall do all of the following: (A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall consult with the local water or sewer service provider regarding the adequacy of water and sewer services before designating an area where accessory dwelling units may be permitted. (B) (i) Impose objective standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources. These standards shall not include requirements on minimum lot size. (ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction. (C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent Item 3A-44 with the existing general plan and zoning designation for the lot. (D) Require the accessory dwelling units to comply with all of the following: (i) Except as provided in Section 65852.26, the accessory dwelling unit may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence. (ii) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling. (iii) The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling. (iv) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling. (v) The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet. (vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit. (vii) No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure. (viii) Local building code requirements that apply to detached dwellings, except that the construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official or enforcement agency of the local agency makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. Nothing in this clause shall be interpreted to prevent a local agency from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this section. (ix) Approval by the local health officer where a private sewage disposal system is being used, if required. (x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway. (II) Off street parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. (III) This clause shall not apply to an accessory dwelling unit that is described in subdivision (d). (xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those offstreet parking spaces be replaced. (xii) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. (2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. Item 3A-45 (3) A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. The permitting agency shall either approve or deny the application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single- family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved. A local agency may charge a fee to reimburse it for costs incurred to implement this paragraph, including the costs of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit. (4) The ordinance shall require that a demolition permit for a detached garage that is to be replaced with an accessory dwelling unit be reviewed with the application for the accessory dwelling unit and issued at the same time. (5) The ordinance shall not require, and the applicant shall not be otherwise required, to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district. (6) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this subdivision. If a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this section. (7) No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a use permit under this subdivision. (8) (A) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in this subdivision, shall be used or imposed, except that, subject to subparagraphs (B) and (C), a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner-occupant. (B) (i) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit before January 1, 2025. (ii) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit that was permitted between January 1, 2020, and January 1, 2025. (C) Notwithstanding subparagraphs (A) and (B), a local agency may require that an accessory dwelling unit be used for rentals of terms longer than 30 days. (9) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the limitations of this subdivision. (10) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. Item 3A-46 (b) (1) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with subdivision (a) receives an application for a permit to create or serve an accessory dwelling unit pursuant to this subdivision, the local agency shall approve or disapprove the application ministerially without discretionary review pursuant to subdivision (a). The permitting agency shall either approve or deny the application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create or serve a new single-family or multifamily dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create or serve the new single-family dwelling or multifamily dwelling, but the application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved. (2) If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to paragraph (1), the permitting agency shall, within the time period described in paragraph (1), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (c) (1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units. (2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following: (A) A minimum square footage requirement for either an attached or detached accessory dwelling unit that prohibits an efficiency unit. (B) A maximum square footage requirement for either an attached or detached accessory dwelling unit that is less than either of the following: (i) 850 square feet. (ii) 1,000 square feet for an accessory dwelling unit that provides more than one bedroom. (C) Any requirement for a zoning clearance or separate zoning review or any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards. (D) Any height limitation that does not allow at least the following, as applicable: (i) A height of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit. (ii) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. A local agency shall also allow an additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. (iii) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling. (iv) A height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. This clause shall not require a local agency to allow an accessory dwelling unit to exceed two stories. (d) Notwithstanding any other law, and whether or not the local agency has adopted an ordinance governing accessory dwelling units in accordance with subdivision (a), all of the following shall apply: Item 3A-47 (1) The local agency shall not impose any parking standards for an accessory dwelling unit in any of the following instances: (A) Where the accessory dwelling unit is located within one-half mile walking distance of public transit. (B) Where the accessory dwelling unit is located within an architecturally and historically significant historic district. (C) Where the accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure. (D) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit. (E) When there is a car share vehicle located within one block of the accessory dwelling unit. (F) When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this paragraph. (2) The local agency shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit. (e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following: (A) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply: (i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single- family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. (ii) The space has exterior access from the proposed or existing single-family dwelling. (iii) The side and rear setbacks are sufficient for fire and safety. (iv) The junior accessory dwelling unit complies with the requirements of Section 65852.22. (B) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subparagraph (A). A local agency may impose the following conditions on the accessory dwelling unit: (i) A total floor area limitation of not more than 800 square feet. (ii) A height limitation as provided in clause (i), (ii), or (iii) as applicable, of subparagraph (D) of paragraph (2) of subdivision (c). (C) (i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. (ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall allow up to 25 percent of the existing multifamily dwelling units. (D) (i) Not more than two accessory dwelling units that are located on a lot that has an existing or proposed multifamily dwelling, but are detached from that multifamily dwelling and are subject to the applicable height limitation in clause (i), (ii), or (iii), as applicable, of subparagraph (D) of paragraph (2) of subdivision (c) and rear yard and side setbacks of no more than four feet. Item 3A-48 (ii) If the existing multifamily dwelling has a rear or side setback of less than four feet, the local agency shall not require any modification of the existing multifamily dwelling as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of this subparagraph. (2) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions. (3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing multifamily dwelling. (4) A local agency may require owner-occupancy for either the primary dwelling or the accessory dwelling unit on a single-family lot, subject to the requirements of paragraph (8) of subdivision (a). (5) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision be for a term longer than 30 days. (6) A local agency may require, as part of the application for a permit to create an accessory dwelling unit connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years. (7) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1, 2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially consider a permit application to construct an accessory dwelling unit that is described in paragraph (1), and may impose objective standards including, but not limited to, design, development, and historic standards on said accessory dwelling units. These standards shall not include requirements on minimum lot size. (f) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012). (2) An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling. (3) (A) A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. (B) For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation. (4) For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new single-family dwelling. (5) For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service. (g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit. Item 3A-49 (h) (1) A local agency shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department of Housing and Community Development within 60 days after adoption. After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this section. (2) (A) If the department finds that the local agency’s ordinance does not comply with this section, the department shall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, to respond to the findings before taking any other action authorized by this section. (B) The local agency shall consider the findings made by the department pursuant to subparagraph (A) and shall do one of the following: (i) Amend the ordinance to comply with this section. (ii) Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance that explain the reasons the local agency believes that the ordinance complies with this section despite the findings of the department. (3) (A) If the local agency does not amend its ordinance in response to the department’s findings or does not adopt a resolution with findings explaining the reason the ordinance complies with this section and addressing the department’s findings, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law. (B) Before notifying the Attorney General that the local agency is in violation of state law, the department may consider whether a local agency adopted an ordinance in compliance with this section between January 1, 2017, and January 1, 2020. (i) The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. (j) As used in this section, the following terms mean: (1) “Accessory dwelling unit” means an attached or a detached residential dwelling 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 shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following: (A) An efficiency unit. (B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot. (3) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code. (4) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. (5) “Local agency” means a city, county, or city and county, whether general law or chartered. (6) “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards. (7) “Objective standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. (8) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. (9) “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, Item 3A-50 applicable planning departments, building departments, utilities, and special districts. (10) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting. (11) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. (12) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. (k) A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency issues a certificate of occupancy for the primary dwelling. (l) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units. (m) A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, as specified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with this division. (n) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2), a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code: (1) The accessory dwelling unit was built before January 1, 2020. (2) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made. SEC. 2.5. Section 65852.2 of the Government Code, as amended by Section 1 of Chapter 343 of the Statutes of 2021, is amended to read: 65852.2. (a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to allow single-family or multifamily dwelling residential use. The ordinance shall do all of the following: (A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall consult with the local water or sewer service provider regarding the adequacy of water and sewer services before designating an area where accessory dwelling units may be permitted. (B) (i) Impose objective standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources. These standards shall not include requirements on minimum lot size. (ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction. (C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. (D) Require the accessory dwelling units to comply with all of the following: (i) Except as provided in Section 65852.26, the accessory dwelling unit may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence. Item 3A-51 (ii) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling. (iii) The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached garages. (iv) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling. (v) The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet. (vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit. (vii) No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure. (viii) Local building code requirements that apply to detached dwellings, except that the construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official or enforcement agency of the local agency makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. Nothing in this clause shall be interpreted to prevent a local agency from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this section. (ix) Approval by the local health officer where a private sewage disposal system is being used, if required. (x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway. (II) Off street parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. (III) This clause shall not apply to an accessory dwelling unit that is described in subdivision (d). (xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those offstreet parking spaces be replaced. (xii) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. (2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (3) (A) A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. The permitting agency shall either approve or deny the application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit Item 3A-52 application to create a new single-family or multifamily dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved. A local agency may charge a fee to reimburse it for costs incurred to implement this paragraph, including the costs of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit. (B) If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to subparagraph (A), the permitting agency shall, within the time period described in subparagraph (A), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (4) The ordinance shall require that a demolition permit for a detached garage that is to be replaced with an accessory dwelling unit be reviewed with the application for the accessory dwelling unit and issued at the same time. (5) The ordinance shall not require, and the applicant shall not be otherwise required, to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district. (6) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this subdivision. If a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this section. (7) No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a use permit under this subdivision. (8) (A) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in this subdivision, shall be used or imposed, except that, subject to subparagraphs (B) and (C), a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner-occupant. (B) (i) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit before January 1, 2025. (ii) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit that was permitted between January 1, 2020, and January 1, 2025. (C) Notwithstanding subparagraphs (A) and (B), a local agency may require that an accessory dwelling unit be used for rentals of terms longer than 30 days. (9) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the limitations of this subdivision. (10) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (b) (1) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with subdivision (a) receives an application for a permit to create or serve an accessory dwelling unit pursuant to this subdivision, the local agency shall approve or disapprove the application ministerially without discretionary Item 3A-53 review pursuant to subdivision (a). The permitting agency shall either approve or deny the application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create or serve a new single-family or multifamily dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create or serve the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved. (2) If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to paragraph (1), the permitting agency shall, within the time period described in paragraph (1), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (c) (1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units. (2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following: (A) A minimum square footage requirement for either an attached or detached accessory dwelling unit that prohibits an efficiency unit. (B) A maximum square footage requirement for either an attached or detached accessory dwelling unit that is less than either of the following: (i) 850 square feet. (ii) 1,000 square feet for an accessory dwelling unit that provides more than one bedroom. (C) Any requirement for a zoning clearance or separate zoning review or any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards. (D) Any height limitation that does not allow at least the following, as applicable: (i) A height of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit. (ii) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. A local agency shall also allow an additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. (iii) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling. (iv) A height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. This clause shall not require a local agency to allow an accessory dwelling unit to exceed two stories. (d) Notwithstanding any other law, and whether or not the local agency has adopted an ordinance governing accessory dwelling units in accordance with subdivision (a), all of the following shall apply: (1) The local agency shall not impose any parking standards for an accessory dwelling unit in any of the following instances: (A) Where the accessory dwelling unit is located within one-half mile walking distance of public transit. Item 3A-54 (B) Where the accessory dwelling unit is located within an architecturally and historically significant historic district. (C) Where the accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure. (D) When onstreet parking permits are required but not offered to the occupant of the accessory dwelling unit. (E) When there is a car share vehicle located within one block of the accessory dwelling unit. (F) When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this paragraph. (2) The local agency shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit. (e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following: (A) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply: (i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single- family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. (ii) The space has exterior access from the proposed or existing single-family dwelling. (iii) The side and rear setbacks are sufficient for fire and safety. (iv) The junior accessory dwelling unit complies with the requirements of Section 65852.22. (B) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subparagraph (A). A local agency may impose the following conditions on the accessory dwelling unit: (i) A total floor area limitation of not more than 800 square feet. (ii) A height limitation as provided in clause (i), (ii), or (iii) as applicable, of subparagraph (D) of paragraph (2) of subdivision (c). (C) (i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. (ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall allow up to 25 percent of the existing multifamily dwelling units. (D) (i) Not more than two accessory dwelling units that are located on a lot that has an existing or proposed multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limitation in clause (i), (ii), or (iii), as applicable, of subparagraph (D) of paragraph (2) of subdivision (c) and rear yard and side setbacks of no more than four feet. (ii) If the existing multifamily dwelling has a rear or side setback of less than four feet, the local agency shall not require any modification of the existing multifamily dwelling as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of this subparagraph. (2) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming Item 3A-55 zoning conditions. (3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing multifamily dwelling. (4) A local agency may require owner-occupancy for either the primary dwelling or the accessory dwelling unit on a single-family lot, subject to the requirements of paragraph (8) of subdivision (a). (5) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision be for a term longer than 30 days. (6) A local agency may require, as part of the application for a permit to create an accessory dwelling unit connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years. (7) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1, 2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially consider a permit application to construct an accessory dwelling unit that is described in paragraph (1), and may impose objective standards including, but not limited to, design, development, and historic standards on said accessory dwelling units. These standards shall not include requirements on minimum lot size. (f) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012). (2) An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling. (3) (A) A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. (B) For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation. (4) For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new single-family dwelling. (5) For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service. (g) This section shall supersede a conflicting local ordinance. This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit. (h) (1) A local agency shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department of Housing and Community Development within 60 days after adoption. After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this section. Item 3A-56 (2) (A) If the department finds that the local agency’s ordinance does not comply with this section, the department shall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, to respond to the findings before taking any other action authorized by this section. (B) The local agency shall consider the findings made by the department pursuant to subparagraph (A) and shall do one of the following: (i) Amend the ordinance to comply with this section. (ii) Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance that explain the reasons the local agency believes that the ordinance complies with this section despite the findings of the department. (3) (A) If the local agency does not amend its ordinance in response to the department’s findings or does not adopt a resolution with findings explaining the reason the ordinance complies with this section and addressing the department’s findings, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law. (B) Before notifying the Attorney General that the local agency is in violation of state law, the department may consider whether a local agency adopted an ordinance in compliance with this section between January 1, 2017, and January 1, 2020. (i) The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. (j) As used in this section, the following terms mean: (1) “Accessory dwelling unit” means an attached or a detached residential dwelling 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 shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following: (A) An efficiency unit. (B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot. (3) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code. (4) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. (5) “Local agency” means a city, county, or city and county, whether general law or chartered. (6) “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards. (7) “Objective standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. (8) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. (9) “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts. (10) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting. Item 3A-57 (11) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. (12) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. (k) A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency issues a certificate of occupancy for the primary dwelling. (l) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units. (m) A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, as specified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with this division. (n) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2), a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code: (1) The accessory dwelling unit was built before January 1, 2020. (2) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made. SEC. 3. Section 65852.2 of the Government Code, as amended by Section 2 of Chapter 343 of the Statutes of 2021, is repealed. SEC. 4. Section 65852.22 of the Government Code is amended to read: 65852.22. (a) Notwithstanding Section 65852.2, a local agency may, by ordinance, provide for the creation of junior accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for the creation of a junior accessory dwelling unit, and shall do all of the following: (1) Limit the number of junior accessory dwelling units to one per residential lot zoned for single-family residences with a single-family residence built, or proposed to be built, on the lot. (2) Require owner-occupancy in the single family residence in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization. (3) Require the recordation of a deed restriction, which shall run with the land, shall be filed with the permitting agency, and shall include both of the following: (A) A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers. (B) A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section. (4) Require a permitted junior accessory dwelling unit to be constructed within the walls of the proposed or existing single-family residence. For purposes of this paragraph, enclosed uses within the residence, such as attached garages, are considered a part of the proposed or existing single-family residence. (5) (A) Require a permitted junior accessory dwelling unit to include a separate entrance from the main entrance to the proposed or existing single-family residence. (B) If a permitted junior accessory dwelling unit does not include a separate bathroom, the permitted junior accessory dwelling unit shall include a separate entrance from the main entrance to the structure, with an Item 3A-58 interior entry to the main living area. (6) Require the permitted junior accessory dwelling unit to include an efficiency kitchen, which shall include all of the following: (A) A cooking facility with appliances. (B) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit. (b) (1) An ordinance shall not require additional parking as a condition to grant a permit. (2) This subdivision shall not be interpreted to prohibit the requirement of an inspection, including the imposition of a fee for that inspection, to determine if the junior accessory dwelling unit complies with applicable building standards. (c) (1) An application for a permit pursuant to this section shall, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, be considered ministerially, without discretionary review or a hearing. The permitting agency shall either approve or deny the application to create or serve a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family dwelling on the lot. If the permit application to create or serve a junior accessory dwelling unit is submitted with a permit application to create or serve a new single-family dwelling on the lot, the permitting agency may delay approving or denying the permit application for the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create or serve the new single-family dwelling, but the application to create or serve the junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60- day time period shall be tolled for the period of the delay. A local agency may charge a fee to reimburse the local agency for costs incurred in connection with the issuance of a permit pursuant to this section. (2) If a permitting agency denies an application for a junior accessory dwelling unit pursuant to paragraph (1), the permitting agency shall, within the time period described in paragraph (1), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (d) A local agency shall not deny an application for a permit to create a junior accessory dwelling unit pursuant to this section due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and that are not affected by the construction of the junior accessory dwelling unit. (e) For purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. This section shall not be construed to prohibit a city, county, city and county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection requirements within a single-family residence that contains a junior accessory dwelling unit so long as the ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether the single-family residence includes a junior accessory dwelling unit or not. (f) For purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. (g) This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation related to a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains a junior accessory dwelling unit, so long as that ordinance or regulation applies uniformly to all single- family residences regardless of whether the single-family residence includes a junior accessory dwelling unit. (h) If a local agency has not adopted a local ordinance pursuant to this section, the local agency shall ministerially approve a permit to construct a junior accessory dwelling unit that satisfies the requirements set forth in subparagraph (A) of paragraph (1) of subdivision (e) of Section 65852.2 and the requirements of this section. (i) For purposes of this section, the following terms have the following meanings: (1) “Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. Item 3A-59 (2) “Local agency” means a city, county, or city and county, whether general law or chartered. (3) “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts. SEC. 5. Section 65852.23 is added to the Government Code, to read: 65852.23. (a) Notwithstanding any other law, and except as otherwise provided in subdivision (b), a local agency shall not deny a permit for an unpermitted accessory dwelling unit that was constructed before January 1, 2018, due to either of the following: (1) The accessory dwelling unit is in violation of building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code. (2) The accessory dwelling unit does not comply with Section 65852.2 or any local ordinance regulating accessory dwelling units. (b) Notwithstanding subdivision (a), a local agency may deny a permit for an accessory dwelling unit subject to subdivision (a) if the local agency makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure. (c) The section shall not apply to a building that is deemed substandard pursuant to Section 17920.3 of the Health and Safety Code. SEC. 6. Section 17980.12 of the Health and Safety Code is amended to read: 17980.12. (a) (1) An enforcement agency, until January 1, 2030, that issues to an owner of an accessory dwelling unit described in subparagraph (A) or (B) below, a notice to correct a violation of any provision of any building standard pursuant to this part shall include in that notice a statement that the owner of the unit has a right to request a delay in enforcement pursuant to this subdivision: (A) The accessory dwelling unit was built before January 1, 2020. (B) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made. (2) The owner of an accessory dwelling unit that receives a notice to correct violations or abate nuisances as described in paragraph (1) may, in the form and manner prescribed by the enforcement agency, submit an application to the enforcement agency requesting that enforcement of the violation be delayed for five years on the basis that correcting the violation is not necessary to protect health and safety. (3) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of a violation on the primary dwelling unit, provided that correcting the violation is not necessary to protect health and safety. (4) The enforcement agency shall grant an application described in paragraph (2) if the enforcement agency determines that correcting the violation is not necessary to protect health and safety. In making this determination, the enforcement agency shall consult with the entity responsible for enforcement of building standards and other regulations of the State Fire Marshal pursuant to Section 13146. (5) The enforcement agency shall not approve any applications pursuant to this section on or after January 1, 2030. However, any delay that was approved by the enforcement agency before January 1, 2030, shall be valid for the full term of the delay that was approved at the time of the initial approval of the application pursuant to paragraph (4). (b) For purposes of this section, “accessory dwelling unit” has the same meaning as defined in Section 65852.2. (c) This section shall remain in effect only until January 1, 2035, and as of that date is repealed. SEC. 7. Section 2.5 of this bill incorporates amendments to Section 65852.2 of the Government Code proposed by both this bill and Assembly Bill 2221. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 65852.2 of the Item 3A-60 Government Code, and (3) this bill is enacted after Assembly Bill 2221, in which case Section 2 of this bill shall not become operative. SEC. 8. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. Item 3A-61 [This page has intentionally been left blank.] Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: December 15, 2022 PREPARED BY: Níamh M. Ortega, Assistant City Clerk REQUEST: SECOND READING AND ADOPTION OF ORDINANCE NO. 1388 AMENDING SPECIFIED CHAPTERS OF THE PALM DESERT MUNICIPAL CODE TO ADOPT THE 2022 EDITIONS OF THE CALIFORNIA CODE OF REGULATIONS, TITLE 24, AND RELATED CODES WITH SELECTED APPENDICES AND AMENDMENTS RECOMMENDATION: 1.Open the Public Hearing, receive public testimony, and close the Public Hearing. 2.Waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No 1388. BACKGROUND/ANALYSIS: On November 17, 2022, the City Council introduced Ordinance No. 1388 for first reading. Pursuant to Government Code § 50022.3, the City Council shall schedule a public hearing to consider adoption of codes by reference. Notice was provided in the Desert Sun on December 2 and 9, 2022. This report provides for the City Council to waive further reading and adopt the ordinance. The ordinance shall be effective 30 days from adoption. FINANCIAL IMPACT: There is no direct financial impact associated with this action. REVIEWED BY: Department Director: Anthony Mejia City Manager: Todd Hileman ATTACHMENTS: 1.Ordinance No. 1388 Item 3B-1 ORDINANCE NO. 1388 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SPECIFIED CHAPTERS OF THE CITY MUNICIPAL CODE, TO ADOPT THE 2022 EDITIONS OF THE CALIFORNIA CODE OF REGULATIONS, TITLE 24, AND RELATED CODES WITH SELECTED APPENDICES AND AMENDMENTS WHEREAS, the Building and Safety Division recommends that modifications be made to the 2022 editions of the California Model Code Series. These modifications are reasonable and necessary due to local conditions within the City of Palm Desert. Extreme temperatures, high winds, and the City’s physical proximity to known active earthquake faults are some of the local conditions necessitating these modifications. Other modifications are administrative or procedural with subjects that are not covered by the Code; however, are reasonably necessary to safeguard life and property within the City of Palm Desert. FINDINGS, The City Council finds that the requirements set forth in this title are reasonable and necessary modifications due to climatic and geological conditions within the City of Palm Desert. The “Findings of Need” contained herein address each of these conditions and present the local circumstances which cause the established amendments to be adopted: A. The City of Palm Desert may establish more restrictive standards reasonably necessary due to climatic, geological, and topographical conditions. These include increase energy efficiencies, water conservation, fire protection, and streamlined permitting procedures to better serve our community. B. Palm Desert experiences and sustains temperatures exceeding 100° Fahrenheit in the summer months. Severe Santa Ana Winds can reach gusts of 90 miles per hour. The adverse climatic conditions increase the likelihood of fire and wind damage to all buildings and vegetation. C. Palm Desert periodically experiences drought which requires usage regulations and restrictions. With burdened storage capacities, limited rainfall, and community consumption, mandating sound management of our water resources make us good stewards of natural resources. D. Our community is located in an area of historically and active seismic area. The existing and planned developments are at risk from damage and fire because of this activity. Modifications to fire-sprinkler systems require lower occupancy levels than those stipulated in the California Building Code. The active earthquake faults possess the capability of disaster that may quickly deplete fire department resources. Automatic fire-suppression systems suppress and extinguish fires to aid in the rescue of life and property. Item 3B-2 Ordinance No.1388 Page 2 THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That Ordinance No. 1351 and all amendments thereto, and all other ordinances, or parts of ordinances in conflict therewith, be and the same are hereby repealed. SECTION 2. That Title 15, Building and Construction, of the Palm Desert Municipal Code, is hereby amended as shown in Exhibit A, which is attached hereto. ADOPTED ON DECEMBER 15, 2022. JAN C. HARNIK MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK I, Anthony J. Mejia, City Clerk of the City of Palm Desert, California, do hereby certify that Ordinance No. 1388 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Desert City Council on November 17, 2022, and adopted at a regular meeting of the City Council held on December 15, 2022, 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 _ ___. ANTHONY J. MEJIA CITY CLERK Item 3B-3 Ordinance No.1388 Page 3 EXHIBIT A TITLE 15 BUILDING AND CONSTRUCTION Chapters: 15.02 Administration 15.04 Building Code 15.06 Residential Code 15.08 Mechanical Code 15.10 Electrical Code 15.12 Plumbing Code 15.14 Energy Code 15.16 Solar PV Code 15.17 Residential Solar PV Permits 15.18 Green Building Standards Code 15.20 Historical Code 15.22 Housing Code 15.24 Existing Building Code 15.26 Fire Code 15.28 Address Numbering 15.30 Construction Site Security 15.32 Moved Buildings and Temporary Structures 15.34 Safety Assessment Placards 15.36 Electric Vehicle Charging Stations CHAPTER 15.02 ADMINISTRATION Sections: 15.02.010 Adoption of Chapter 1, Division II, of the California Building Code. 15.02.020 Amendments to Chapter 1, Division II, Scope and Administration. 15.02.010 Adoption of Chapter 1, Division II, of the California Building Code. Except as provided in this chapter, the certain building code known and designated as the California Building Code, Title 24, Part 2, 2022 Edition, (CBC), as developed by the State of California, based on the 2021 International Building Code as published by the International Code Council, shall become the administrative provisions of the City of Palm Desert for regulating the construction, erection, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use and occupancy and maintenance of all buildings and/or structures in the city. The California Building Code and its adopted appendices and amendments will be on file for public examination in the offices of the Building Official. Item 3B-4 Ordinance No.1388 Page 4 15.02.020 Amendments to Chapter 1, Division II, Scope and Administration. A. Amending Section 105.2 Work Exempt from Permit. Building: 2. Fences not over 3 feet 6 inches (1,066.8 mm) high. 4. Retaining walls that are not over 3 feet 6 inches (1,066.8 mm) in height measured from the top of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids. B. Amending Section 113 Means of Appeals. 113.1 General. For all occupancies not provided for under the authority provided in the California Building Code (CBC) Section 1.8.8.1, an appeals board shall be created, and the appeals board shall be applicable for all buildings and structures within the City of Palm Desert. 113.2 Definition The following terms shall, for the purpose of this section, have the meaning shown. Accessible Appeals Board. The board of the city which is authorized by the governing body of the City to hear appeals brought by any person regarding action taken by the building department of the city in enforcement of the authority to grant exceptions to the standards and specifications contained in California Health and Safety Code section 19957. (Note: The establishment of this board is pursuant to Health and Safety Code 19957.5) 113.3 Appeals Board Defined. The Housing Appeals Board, Accessible Appeals Board, and the Local Appeals Board shall, for the purposes of this code, may be one in the same and shall be referred to herein throughout this code as the Appeals Board. 113.4 Limitations on Authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. The board shall not have the authority to waive requirements of this code. 113.5 Qualifications. In addition to the qualifications established in CBC Section 1.8.8.1, at least two members shall be physically disabled, if the Appeals Board is to hear appeals relating to accessibility issues pursuant to CBC Section 1.9.1.5 (special conditions for persons with disabilities requiring appeals action ratification; pursuant to Health and Safety Code 19957.5). Item 3B-5 Ordinance No.1388 Page 5 C. Amending Section 114 Violations. 114.4 Violation Penalties. Any person, firm or corporation violating any of the provisions, regulations, requirements, additions, amendments and/or deletions of this code is guilty of a misdemeanor and the penalty for such a misdemeanor shall be as set forth in Chapter 1.12 of the Palm Desert Municipal Code. CHAPTER 15.04 BUILDING CODE 15.04.010 Adoption of California Building Code. Except as provided in this chapter, those certain building codes known and designated as the California Building Code, Title 24, Part 2, 2022 Edition (CBC), including Appendix Chapter I, as adopted by the state of California, based on the 2021 International Building Code as published by the International Code Council, except as amended herein, shall become the “Building Code” of the City of Palm Desert for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings and/or structures in the city. The California Building Code, 2022 Edition, and its adopted appendices and amendments will be on file for public examination in the offices of the Building Official. CHAPTER 15.06 RESIDENTIAL CODE Sections: 15.06.010 Adoption of the California Residential Code 15.06.020 Adoption of Chapter 1, Division II, of the California Residential Code. 15.06.030 Amendments to the California Residential Code. 15.06.010 Adoption of the California Residential Code. Except as provided in this chapter, the California Residential Code, Title 24, Part 2.5, 2022 Edition (CRC), including Appendix Chapter AH as adopted by the state of California, based on the 2021 International Residential Code as published by the International Code Council (ICC), shall be and become the “Residential Code” of the City of Palm Desert, regulating construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every detached one- and two-family dwelling, townhouse not more than three stories above grade within the city. The California Residential Code will be on file for public examination in the office of the Building Official. Item 3B-6 Ordinance No.1388 Page 6 15.06.020 Adoption of Chapter 1, Division II, of the California Residential Code. Except as provided in this chapter, the certain building code known and designated as the California Residential Code, Title 24, Part 2.5, 2022 Edition (CRC), as developed by the state of California, based on the 2021 International Residential Code as published by the International Code Council, shall become the administrative provisions of the City of Palm Desert for regulating the construction, erection, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use and maintenance of all buildings and/or structures in the city. The California Residential Code and its adopted appendices and amendments will be on file for public examination in the offices of the Building Official. 15.06.030 Amendments to the California Residential Code. A. Amending Section R105.2 Work exempt from permit. Building: 2. Fences not over 3 feet 6 inches (1,066.8 mm) high. 4. Retaining walls that are not over 3 feet 6 inches (1,066.8 mm) in height measured from the top of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids. B. Amending Section R112 Board of Appeals. R112.1 General. For all occupancies not provided for under the authority provided in the California Residential Code (CRC) Section 1.8.8.1, an appeals board shall be created, and the appeals board shall be applicable for all buildings and structures within the City of Palm Desert. R112.2 Appeals Board Defined. The Housing Appeals Board, and the Local Appeals Board shall, for the purposes of this code, may be one in the same and shall be referred to herein throughout this code as the Appeals Board. R112.3 Limitations on Authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The board shall not have the authority to waive requirements of this code. R112.4 Qualifications. The board of appeals shall consist of members who are qualified by experience and training to pass judgement on matters pertaining to building construction and not employees of the jurisdiction. Item 3B-7 Ordinance No.1388 Page 7 R112.5 Administration. The building official shall take immediate action in accordance with the decision of the board. C. Amending Section R113 Violations. R113.4 Violation Penalties. Any person, firm or corporation violating any of the provisions, regulations, requirements, additions, amendments and/or deletions of this code is guilty of a misdemeanor and the penalty for such a misdemeanor shall be as set forth in Chapter 1.12 of the Palm Desert Municipal Code. CHAPTER 15.08 MECHANICAL CODE Sections: 15.08.010 Adoption of the California Mechanical Code. 15.08.020 Amendments to the California Mechanical Code. 15.08.010 Adoption of the California Mechanical Code. Except as provided in this chapter, the California Mechanical Code, Title 24, Part 4, 2022 Edition (CMC), including Chapter 1, Division II, and Appendix Chapters B, C, and D, as adopted by the State of California, based on the 2021 Uniform Mechanical Code as published by the International Association of Plumbing and Mechanical Officials (IAPMO), shall be and become the “Mechanical Code” of the City of Palm Desert, regulating and controlling the design, construction, installation, quality of materials, location, operation and maintenance of heating, ventilating, cooling, refrigeration systems, incinerators and other miscellaneous heat producing appliances. The California Mechanical Code is on file for public examination in the office of the Building Official. 15.08.020 Amendments to the California Mechanical Code. A. Amending Section 104 Fees. 104.5 Fees. On buildings, structures, mechanical systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the scheduled as established by the applicable governing authority. B. Deleting last paragraph of Section 104.3.2 Plan Review Fees. When plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged at the rate shown in Table 104-5. Item 3B-8 Ordinance No.1388 Page 8 C. Amending Section 105.2.6 Reinspections. Fourth paragraph of Section 105.2.6 of the California Mechanical Code is amended to read as follows: To obtain reinspection, the applicant shall pay a reinspection fee as set forth in a fee schedule as established by the applicable governing authority. CHAPTER 15.10 ELECTRICAL CODE 15.10.010 Adoption of the California Electrical Code. Except as provided in this chapter, the California Electrical Code, Title 24, Part 3, 2022 Edition (CEC), as adopted by the state of California, based on the 2020 National Electrical Code as published by the National Fire Protection Association (NFPA), shall become the “Electrical Code” of the City of Palm Desert, regulating all installation, arrangement, alteration, repair, use and other operation of electrical wiring, connections, fixtures and other electrical appliances on premises within the city. The California Electrical Code is on file for public examination in the office of the Building Official. CHAPTER 15.12 PLUMBING CODE Sections: 15.12.010 Adoption of the California Plumbing Code. 15.12.020 Amendments to the California Plumbing Code. 15.12.010 Adoption of the California Plumbing Code. Except as provided in this chapter, the California Plumbing Code, Title 24, Part 5, 2022 Edition (CPC), including Chapter 1, Division II, and Appendices A, B, D, H, I, and J, as adopted by the State of California, based on the 2021 Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials (IAPMO), shall be and become the “Plumbing Code” of the City of Palm Desert, regulating erection, installation, alteration, repair, relocation, replacement, maintenance or use of plumbing systems within the city. The California Plumbing Code will be on file for public examination in the office of the Building Official. 15.12.020 Amendments to the California Plumbing Code. A. Amending Section 104 Fees. 104.5 Fees. On buildings, structures, plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the scheduled as established by the applicable governing authority. Item 3B-9 Ordinance No.1388 Page 9 B. Deleting last paragraph of Section 104.3.2 Plan Review Fees. When plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged at the rate shown in Table 104-5. C. Amending Section 105.2.6 Reinspections. Fourth paragraph of Section 105.2.6 of the California Plumbing Code is amended to read as follows: To obtain reinspection, the applicant shall pay a reinspection fee as set forth in a fee schedule as established by the applicable governing authority. CHAPTER 15.14 ENERGY CODE 15.14.010 Adoption of the California Energy Code. That certain document in book form entitled “California Energy Code, Title 24, Part 6, 2022 Edition,” including the appendices thereof, as approved and copyrighted by the “California Building Standards Commission,” 2525 Natomas Park Drive, Suite 130, Sacramento, California, 95833-2936, prescribing regulations governing the building envelope, space-conditioning system, water-heating systems, indoor lighting systems, outdoor lighting systems, and indoor and outdoor signs installations, construction, maintenance, alteration, and repair within the city, is hereby adopted by reference as the “Energy Code” of the City of Palm Desert. The California Energy Code will be on file for public examination in the office of the Building Official. CHAPTER 15.16 SOLAR PV CODE Sections: 15.16.010 Adoption. 15.16.020 Purposes. 15.16.030 Definitions. 15.16.040 Mandatory requirements. 15.16.050 Validity. 15.16.060 Penalties and enforcement. 15.16.010 Adoption. That this chapter is hereby adopted by reference as the “Solar PV Code” of the City of Palm Desert, and from the date on which the ordinance codified in this chapter shall take effect, the provisions thereof shall be controlling within the corporate limits of the City of Palm Desert. The Solar PV Code will be on file for public examination in the office of the Building Official. Item 3B-10 Ordinance No.1388 Page 10 15.16.020 Purposes. The purposes of this chapter are to provide minimum standards to safeguard life or limb, health, property and the public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within the City of Palm Desert; to encourage and instruct people to build safely and economically, rather than to discourage building; to provide a minimum or restrictive enforcement; and to encourage good building. 15.16.030 Definitions. Production Home means a dwelling constructed as part of a residential development of at least five homes per project that is intended or offered for sale. Solar PV Energy System means a photovoltaic solar collector or other photovoltaic solar energy device that has a primary purpose of providing for the collection and distribution of solar energy for the generation of alternating current rated peak electricity. The installation of any solar PV energy system must meet all installation criteria of the current edition of the California Electrical Code, and must include PV panels and inverters, which are listed by the California Energy Commission. 15.16.040 Mandatory requirements. All buildings covered by this chapter shall include the following mandatory energy measures as applicable and limited to the permitted scope of work: 1) At least one model home as part of a production home development shall be equipped with a solar PV energy system with a minimum nominal output of 2.0 kW. 2) A seller of production homes shall offer a solar PV energy system option to all customers that enter negotiations to purchase a new production home and disclose the following: a) The total installed cost of the solar PV energy system option; and b) The estimated cost savings associated with the solar energy system option as determined by current and projected future utility costs. 3) Provisions for Future Solar PV Energy Systems. A one-inch diameter electrical conduit shall be provided for installation of future solar PV energy systems. The one-inch diameter electrical conduit shall extend from a point on the exterior wall located under the southern roof exposure, to the exterior wall location adjacent to the main electrical service panel. At each location, the conduit shall terminate at a two-gang, exterior wet location rated electric junction box. Item 3B-11 Ordinance No.1388 Page 11 4) Energy Star Appliances Required. If provided by the developer, all the following installed appliances shall be Energy Star rated: a) Dishwashers. b) Refrigerators. c) Clothes washers. d) Clothes dryers (natural gas only). e) Ceiling fans. f) Exhaust fans. 15.16.050 Validity. The City Council of the City of Palm Desert hereby declares that if any section, subsection, sentence, clause or phrase of this chapter or the code hereby adopted is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of the ordinance codified in this chapter. The City Council of the City of Palm Desert hereby declares that it would have passed the ordinance codified in this chapter, and each section, subsection, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional. 15.16.060 Penalties and enforcement. a) Each violation of the provisions of this chapter shall constitute a misdemeanor and shall be punishable by imprisonment in the County Jail for up to six months, or by a fine of up to one thousand dollars, or both. Each day that a violation continues shall be deemed a new and separate offense. b) The Building Official shall have the authority to enforce this chapter as specified in Chapter 1.12 of the Palm Desert Municipal Code, including, but not limited to, the authority to order that work be stopped where any work is being done contrary to the provisions of this chapter. CHAPTER 15.17 RESIDENTIAL SOLAR PV PERMITS CODE Sections: 15.17.010 Adoption 15.17.020 Purpose 15.17.030 Definitions 15.17.040 Mandatory requirements 15.17.050 Validity Item 3B-12 Ordinance No.1388 Page 12 15.17.010 Adoption The ordinance codified in this chapter is hereby adopted by reference as “Residential Solar PV Permits” of the City of Palm Desert, and from the date on which the ordinance codified in this chapter shall take effect, the provisions thereof shall be controlling within the corporate limits of the City of Palm Desert. 15.17.020 Purpose The purpose of this chapter is to provide for an expedited, streamlined solar permitting process that complies with the Solar Rights Act, including California Civil Code section 714 and California Government Code section 65850.5, as amended, and as outlined in the California Solar Permitting Guidebook. This action provides timely and cost-effective installations of small residential rooftop solar energy systems. This chapter encourages the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the City of Palm Desert, and expanding the ability of property owners to install solar energy systems. This chapter allows the City of Palm Desert to achieve these goals while protecting the public health and safety. 15.17.030 Definitions The following words and phrases as used in this chapter are defined as follows: Electronic submittal means the utilization of one or more of the following: 1. E-mail. 2. Internet or jurisdictional permitting software. 3. Facsimile. Small residential rooftop solar energy system means all the following: 1. A solar energy system that is no larger than ten kilowatts alternating current nameplate rating or thirty kilowatts thermal. 2. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the city and paragraph (iii) of subdivision (c) of Section 714 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time. 3. A solar energy system that is installed on a single or duplex family dwelling. 4. A solar panel or module array that does not exceed the maximum legal building height as defined by the City of Palm Desert. Item 3B-13 Ordinance No.1388 Page 13 Solar energy system has the same meaning set forth in paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time. 15.17.040 Mandatory requirements Section 65850.5 of the California Government Code provides that, on or before September 30, 2015, every city, county, or city and county shall adopt an ordinance that creates an expedited, streamlined permitting process for small residential rooftop solar energy systems. Section 65850.5 of the California Government Code provides that in developing an expedited permitting process, the city, county, or city and county shall adopt a checklist of all requirements with which small rooftop solar energy systems shall comply to be eligible for expedited review. The building official is hereby authorized and directed to develop and adopt such checklist. As required by Section 65850.5, the small residential rooftop solar energy system permit process to be adopted by the building official, including the standard plan(s), and checklist(s), shall substantially conform to recommendations for expedited permitting contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor’s Office of Planning and Research. The checklist shall be published on the city’s Internet website. The applicant may submit the permit application and associated documentation to the City’s Permitting Center in person, mailed, or electronic submittal together with any required permit processing and inspection fees. In the case of electronic submittal, the electronic signature of the applicant on all forms, applications and other documentation may be used in lieu of a wet signature. Prior to submitting an application, the applicant shall: A. Verify to the applicant’s reasonable satisfaction and through the use of standard engineering evaluation techniques that the support structure for the small residential rooftop solar energy system is stable and adequate to transfer all wind, seismic, and dead and live loads associated with the system to the building foundation; and B. At the applicant’s cost, verify to the applicant’s reasonable satisfaction using standard electrical inspection techniques that the existing electrical system including existing line, load, grounding and bonding wiring, as well as main panel and subpanel sizes, are adequately sized, based on the existing electrical system’s current use, to carry all new photovoltaic electrical loads. For a small residential rooftop solar energy system eligible for expedited review, only one inspection shall be required, which shall be done in a timely manner and may include a consolidated inspection by the Building Official and Fire Chief. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized; Item 3B-14 Ordinance No.1388 Page 14 however, the subsequent inspection need not conform to the requirements of this subsection. An application that satisfies the information requirements in the checklist, as determined by the Building Official, shall be deemed complete. Upon receipt of an incomplete application, the building official shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance. Upon confirmation by the Building Official of the application and supporting documentation being complete and meeting the requirements of the checklist, the building official shall, in a timely manner, administratively approve the application and issue all required permits or authorizations. Such approval does not authorize an applicant to connect the small residential rooftop energy system to the local utility provider’s electricity grid. The applicant is responsible for obtaining such approval or permission from the local utility provider. A city, county, or city and county shall not condition approval for any solar energy system permit on the approval of a solar energy system by an association, as that term is defined in Section 4080 of the Civil Code. 15.17.050 Validity The City Council of the City of Palm Desert hereby declares that should any section, subsection, sentence, clause or phrase of this chapter or the code hereby adopted is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of the ordinance codified in this chapter. The City Council of the City of Palm Desert hereby declares that it would have passed the ordinance codified in this chapter, and each section, subsection, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional. CHAPTER 15.18 GREEN BUILDING STANDARDS CODE 15.18.010 Adoption of the California Green Building Standards Code. That certain document in book form entitled California Green Building Standards Code, Title 23 Part 11, Chapters 4 and 5, known as CALGreen, as amended, (CGBSC), copyrighted by the “California Building Standards Commission,” 2525 Natomas Park Drive, Suite 130, Sacramento, California, 95833-2936, prescribing regulating public health, safety and general welfare by enhancing the design and construction of buildings through the use of building concepts having a reduced negative impact, or positive environmental impact and encouraging sustainable construction practice within the city, are hereby adopted by reference as the “Green Building Code” of the City of Palm Desert, and from the date on which the ordinance codified in this chapter shall take effect, the Item 3B-15 Ordinance No.1388 Page 15 provisions thereof shall be controlling within the corporate limits of the City of Palm Desert. The California Green Building Standards Code will be on file for public examination in the office of the Building Official. CHAPTER 15.20 HISTORICAL CODE 15.20.010 Adoption of the California Historical Building Code. Except as provided in this chapter, the California Historical Building Code, Title 24, Part 8, 2022 Edition, (CHBC), copyrighted by the “California Building Standards Commission,” 2525 Natomas Park Drive, Suite 130, Sacramento, California, 95833-2936, prescribing regulations for the preservation, restoration, rehabilitation, relocation or reconstruction of buildings or properties designated as qualified historical building or properties within the city, are hereby adopted by reference as “the Historical Code” of the City of Palm Desert, and from the date on which the ordinance codified in this chapter shall take effect, the provisions thereof shall be controlling within the corporate limits of the City of Palm Desert. The California Historical Building Code will be on file for public examination in the office of the Building Official. CHAPTER 15.22 HOUSING CODE 15.22.010 Adoption of the Uniform Housing Code. Except as provided in this chapter, known and designated as the Uniform Housing Code, 1997 Edition, (UHC), continues as the adopted reference in the state Housing Law, Title 25, CCR, Division 1, Chapter 1, Subchapter 1, Section 32 for the enforcement of use, maintenance and occupancy requirements by local code enforcement agencies. The Housing Code will be on file for public examination in the office of the building official. (Ord. 1351 § 2, 2019) 15.22.020 Amendments. The Uniform Housing Code, 1997 Edition, (UHC), with California amendments in the state Housing Law, Title 25, CCR, Division 1, Chapter 1, Subchapter 1, Section 32. Only Chapters 4, 5, 6 and Sections 701.2 and 701.3 of the 1997 UHC are adopted and applicable. (Ord. 1351 § 2, 2019) CHAPTER 15.24 EXISTING BUILDING CODE 15.24.010 Adoption of the California Existing Building Code Except as provided in this chapter, the California Existing Building Code, Title 24, Part 10, 2022 Edition, (CEBC), based on the 2021 International Existing Building Code, as Item 3B-16 Ordinance No.1388 Page 16 adopted by the State of California, as published by the International Code Council (ICC), shall become the “Existing Building Code” of the City of Palm Desert for the purpose of regulating the Seismic Strengthening Provisions for Unreinforced Masonry Bearing Wall Buildings, in existing buildings in the City. The California Existing Building Code will be on file for public examination in the office of the Building Official. CHAPTER 15.26 FIRE CODE Section: 15.26.010 Adoption of the California Fire Code 15.26.060 Outdoor Fires Prohibited 15.26.010 Adoption of the California Fire Code Section 1 FINDINGS. The City of Palm Desert finds the following: A. Every three years the state of California adopts a new California Fire Code, as part of the California Building Standards Code, which becomes effective as to Riverside County one hundred eighty days after publication by the California Building Standards Commission. B. The International Fire Code has been published and adopted, as amended, by the California Building Standards Commission into the California Code of Regulations as Title 24, Part 9, titled the California Fire Code. C. Riverside County may establish more restrictive standards reasonably necessary to provide fire protection for life and property because of local climatic, geological, or topographical conditions. D. Riverside County has an arid climate with annual rainfall varying from three inches in Blythe to over thirty-three inches in Pine Cove. The County also experiences annual hot, dry Santa Ana Winds, which contribute to fires spreading quickly throughout the County. E. A variety of regions exist within Riverside County including deserts, mountains, brush covered wild lands, the Salton Sea, and agricultural lands. Additionally, elevations within Riverside County range from three hundred feet below sea level to mountains over ten thousand feet. This variety in regions contributes to an increased emergency response time, which necessitates cooperation between local agencies. F. Riverside County contains a large number of sensitive habitats for various species and vegetation, consists of large open space areas between major urban centers and includes landscapes varying from mountains and hills to valleys and deserts. These Item 3B-17 Ordinance No.1388 Page 17 conditions impact building and structure location, which impedes emergency access and response. G. Riverside County extends from Orange County to the state of Arizona and is mixed with congested urban areas, rural lands and wild lands, which increase Riverside County Fire Department response times to emergencies. H. Two major earthquake faults, the San Andreas Fault and the San Jacinto Fault, bisect Riverside County and numerous minor faults exist throughout it. As a result, a substantial amount of property and persons located in Riverside County are likely to be impacted by earthquakes and will require emergency response and rescue. I. The topography within Riverside County extends from flat to twenty-five percent slope for habitable land, which causes buildings and structures to be located in unique areas that impact emergency response and access. J. In addition to earthquakes, a substantial amount of property and persons located in Riverside County are likely to be impacted by landslides, wind erosion, blown sand, flooding and wildfires because of the County’s unique climatic, geological, and topographical conditions. K. The additional requirements included herein are necessary to properly protect the health, safety and welfare of the residents and workers of Riverside County. L. Revenue shortages make it difficult to locate additional fire stations and provide staffing sufficient to control fires in single and multi-story retail, commercial and industrial buildings, making enhanced built-in protection necessary. M. The sections of the California Fire Code may be referred to by the same number used in said published compilation preceded by the words “Riverside County Fire Code Section” or “Fire Code Section.” 2022 CODE SECTION TITLE/SUBJECT FINDINGS I, II, III 101.4 Severability Administrative 102.5 Application of residential code I, II & III 104.1.1 Authority of the Fire Chief and Fire Department Administrative 104.7 and 104.7.1 Liability Administrative 104.13 Authority of the Fire Chief to close hazardous fire areas Administrative 107.2 Schedule of permit fees Administrative 107.7 Cost Recovery Administrative 111.1 Board of Appeals established Administrative 112.4 Violation and Penalties Administrative 202 Fire Chief Administrative 308.1.6.3 Sky Lanterns or similar devices I, II & III 503.2.1 Dimensions Administrative 503.2.2 Authority Administrative 503.6.1 Automatic opener Administrative Item 3B-18 Ordinance No.1388 Page 18 503.7 Loading areas and passenger drop-off areas Administrative 507.5.7 Fire hydrant size and outlets I & III Table Continued 2022 CODE SECTION TITLE/SUBJECT FINDINGS I, II, III 507.5.8 Fire hydrant street marker I, II & III 508.1, 508.1.1, 508.1.3 Fire command center I, II & III 509.2.1 Minimum clearances I & III 608.11.1.2 Manual operation II & III 903.2 Where required (automatic sprinkler systems) I, II & III 903.3.5.3 Hydraulically calculated systems I & II 3204.2.1 Minimum requirements for client leased or occupant owned warehouses Administrative 4904.2.1 High Fire Hazard Severity Zone Maps Administrative App Ch B, Table B105.2 Fire-Flow - Buildings other than one- or two-family dwellings I, II & III App Ch C, C103.1 Hydrant spacing I, II & III Section 2 PURPOSE. The purpose of this chapter is to adopt the 2022 California Fire Code, California Code of Regulations, Title 24, Part 9, as amended, to govern the safeguarding of life and property from fire, explosion hazards and hazardous conditions and to regulate the issuance of permits and collection of fees. Section 3 AUTHORITY. This chapter is adopted pursuant to Health and Safety Code Sections 17958, 17958.5, 17958.7 and 18941.5 which allow a city or county to adopt modifications or changes to the California Fire Code that are reasonably necessary because of local climatic, geological, and topographical conditions. Section 4 APPLICATION AND ADOPTION OF THE CALIFORNIA FIRE CODE. Except as stated in this section or as amended below in subsection E of this section, all of the provisions and appendices of the 2022 California Fire Code, inclusive of all of the inclusions and exclusions set forth in each chapter’s matrix, are hereby adopted and shall apply to the City of Palm Desert. In addition, the following provisions that are excluded in the 2022 California Fire Code are hereby adopted - Chapter 1, Division II of the California Fire Code is hereby adopted, except that Sections 103.2 and 111.3 are not adopted, and Chapters 3,25, and Sections 403.11, 503, 510.2, 1103.2 and 5707 are adopted. Section 5 AMENDMENTS TO THE CALIFORNIA FIRE CODE: A. SCOPE OF GENERAL REQUIREMENTS 1. Section 101.4 of the California Fire Code is deleted in its entirety and replaced with Item 3B-19 Ordinance No.1388 Page 19 the following: 101.4 Severability. If any provision, clause, sentence or paragraph of this ordinance or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are hereby declared to be severable. B. APPLICABILITY 1. Section 102.5 of the California Fire Code is amended as follows: 102.5 Application of residential code. Where structures are designed and constructed in accordance with the California Residential Code, the provisions of this code shall apply as follows: 1. Construction and design provisions of this code pertaining to the exterior of the structure shall apply including, but not limited to, premises identification, fire apparatus access and water supplies. Where interior or exterior systems or devices are installed, construction permits required by Section 105.6 of this code shall apply. 2. Administrative, operational and maintenance provisions of this code shall apply. 3. Automatic fire sprinkler system requirements of this code shall apply to detached accessory buildings 3,000 square feet or greater in accordance with Section 903.2. The provisions contained in Section 903.2.18 of the California Fire Code or Section R309.6 of the California Residential Code may be used for the design of the automatic fire sprinkler system for detached private garages. C. GENERAL AUTHORITY AND RESPONSIBILITIES 1. A new Section 104.1.1 is added to Section 104.1 of the California Fire Code to read as follows: 104.1.1 Authority of the Fire Chief and Fire Department 1. The Fire Chief is authorized and directed to enforce all applicable State fire laws and provisions of this ordinance and to perform such duties as directed by the city Council. 2. The Fire Chief is authorized to administer, interpret, and enforce this ordinance. Under the Fire Chief’s direction, the Riverside County Fire Department is authorized to enforce ordinances of the city of Palm Desert pertaining to the following: Item 3B-20 Ordinance No.1388 Page 20 2.1 The prevention of fires. 2.2 The suppression or extinguishment of dangerous or hazardous fires. 2.3 The storage, use and handling of hazardous materials. 2.4 The installation and maintenance of automatic, manual, and other private fire alarm systems and fire extinguishing equipment. 2.5 The maintenance and regulation of fire escapes. 2.6 The maintenance of fire protection and the elimination of fire hazards on land, in buildings, structures and other property, including those under construction. 2.7 The maintenance of means of egress. 2.8 The investigation of the cause, origin and circumstances of fire and unauthorized releases of hazardous materials. 3. The following persons are hereby authorized to interpret and enforce the provisions of this ordinance and to make arrests and issue citations as authorized by law: 3.1 The Unit Chief, Peace Officers and Public Officers of the California Department of Forestry and Fire Protection. 3.2 The Fire Chief, Peace Officers, and Public Officers of the Riverside County Fire Department. 3.3 The Riverside County Sheriff and any deputy sheriff. 3.4 The Police Chief and any police officer of any city served by the Riverside County Fire Department. 3.5 Officers of the California Highway Patrol. 3.6 Code Officers of the City of Palm Desert Code Enforcement Department. 3.7 Peace Officers of the California Department of Parks and Recreation. 3.8 The law enforcement officer of the Federal Bureau of Land Management. 2. Sections 104.7 and 104.7.1 are deleted in their entirety and replaced with the following: 104.7 Liability. Any liability against Riverside County or the City of Palm Desert or any officer or employee for damages resulting from the discharge of their duties shall be as provided by law. 3. A new section 104.13 is added to Section 104 of the California Fire Code to read as follows: 104.13 Authority of the Fire Chief to close hazardous fire areas. Except upon National Forest Land, the Fire Chief is authorized to determine and announce the closure of any hazardous fire area or portion thereof. Any closure by the Fire Chief for a period of more than fifteen (15) calendar days must be approved by the Riverside County Board of Supervisors and/or the City Council within fifteen (15) calendar days of the Fire Chief’s original order of closure. Upon such closure, no person shall go in or be upon any Item 3B-21 Ordinance No.1388 Page 21 hazardous fire area, except upon the public roadways and inhabited areas. During such closure, the Fire Chief shall erect and maintain at all entrances to the closed area sufficient signs giving notice of closure. This section shall not prohibit residents or owners of private property within any closed area, or their invitees, from going in or being upon their lands. This section shall not apply to any entry, in the course of duty, by a peace officer, duly authorized public officer or fire department personnel. For the purpose of this section, “hazardous fire area” shall mean public or private land that is covered with grass, grain, brush or forest and situated in a location that makes suppression difficult resulting in great damage. Such areas are designated on Hazardous Fire Area maps filed with the office of the Fire Chief. D. FEES 1. Section 107.2 of the California Fire Code is deleted in its entirety and replaced with the following: 107.2 Schedule of permit fees. Fees for services and permits shall be as set forth in the city of Palm Desert fee schedule. 1. A new Section 107.7 is added to Section 106 of the California Fire Code to read as follows: 107.7 Cost recovery. Fire suppression, investigation, rescue, or emergency medical costs are recoverable in accordance with Health and Safety Code Sections 13009 and 13009.1, as may be amended from time to time. Additionally, any person who negligently, intentionally or in violation of law causes an emergency response, including, but not limited to, a traffic accident, spill of toxic or flammable fluids or chemicals is liable for the costs of securing such emergency, including those costs pursuant to Government Code Section 53150, et seq., as may be amended from time to time. Any expense incurred by the Riverside County Fire Department for securing such emergency shall constitute a debt of such person and shall be collectable by Riverside County in the same manner as in the case of an obligation under contract, express or implied. E. BOARD OF APPEALS 1. Section 111.1 of the California Fire Code is deleted in its entirety and replaced with the following: 111.1 Board of appeals established. The Board of Appeals shall be the City Manager. If he or she determines an outside board is needed, he or she shall designate an outside hearing officer to hear the appeal. The Fire Chief shall be notified of any appeal and the Fire Chief or designee shall be in attendance at the appeal hearing. Depending on the subject of the appeal, specialized expertise may be solicited, at the expense of the applicant, for the purpose of providing input to the Appeals Board. Item 3B-22 Ordinance No.1388 Page 22 F. VIOLATIONS 1. Violations. Section 110.4 of the California Fire Code is deleted in its entirety and replaced with the following: 112.4 Violation and penalties. It shall be unlawful for any person, firm, corporation, or association of persons to violate any provision of this ordinance, or to violate the provisions of any permit granted pursuant to this code or Ordinance. Punishments and penalties for violations shall be in accordance with the City of Palm Desert ordinances, fee schedule and Health and Safety Code Sections 17995 through 17995.5. G. DEFINITIONS 1. Definition. Section 202, definition of “Fire Chief” in the California Fire Code is deleted in its entirety and replaced with the following: FIRE CHIEF. The Fire Chief of Riverside County or the Fire Chief’s designee. H. OPEN FLAMES 1. Open Flames. Section 308.1.6.3 of the California Fire Code is deleted in its entirety and replaced with the following: 308.1.6.3 Sky lanterns or similar devices. A person shall not release or cause to be released a sky lantern or similar device. I. FIRE APPARATUS ROADS 1. Section 503.2.1 of the California Fire Code is deleted in its entirety and replaced with the following: 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 24 feet (7315 mm), exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm). For additional requirements or alternatives see Riverside County Fire Department Standards and Policies, as may be amended from time to time. 1. Section 503.2.2 of the California Fire Code is deleted in its entirety and replaced with the following: 503.2.2 Authority. The fire code official shall be the only authority authorized to designate fire apparatus access roads and fire lanes and to modify the minimum fire lane access widths for fire or rescue operations. Item 3B-23 Ordinance No.1388 Page 23 1. A new Section 503.6.1 is added to Section 503.6 of the California Fire Code to read as follows: 503.6.1 Automatic opener. New motorized gates shall be provided with means to be automatically opened remotely by emergency vehicle in accordance with Riverside County Fire Department Standards and Policies, as may be amended from time to time. Exception: Gates serving individual one- and two-family dwelling parcels. 4. A new Section 503.7 is added to Section 503 of the California Fire Code to read as follows: 503.7 Loading areas and passenger drop-off areas. On private properties, where fire apparatus access roads are utilized for loading or unloading or utilized for passenger drop-off or pick-up, an additional eight (8) feet of width shall be added to the minimum required width for the fire apparatus access road. J. FIRE PROTECTION AND WATER SUPPLIES 1. A new Section 507.5.7 is added to Section 507 of the California Fire Code to read as follows: 507.5.7 Fire hydrant size and outlets. As determined by the fire code official, fire hydrant sizes and outlets shall be based on the following: 1. Residential Standard – one (1) four (4) inch outlet and one (1) two and half (2 ½) inch outlet. 2. Super Hydrant Standard – one (1) four (4) inch outlet and two (2) two and one half (2 ½) inch outlet. 3. Super Hydrant Enhanced – two (2) four (4) inch outlet and one (1) two and one half (2 ½) inch outlet. 2. A new Section 507.5.8 is added to Section 507 of the California Fire Code to read as follows: 507.5.8 Fire hydrant street marker. Fire hydrant locations shall be visually indicated in accordance with Riverside County Fire Department Technical Policy 06-11, as may be amended from time to time. Any hydrant marker damaged or removed during the course of street construction or repair shall be immediately replaced by the contractor, developer or person responsible for removal or damage. K. Fire Command Center. 1. Section 508.1 of the California Fire Code is deleted in its entirety and replaced with the following: Item 3B-24 Ordinance No.1388 Page 24 508.1 General. Where required by other sections of this code and in all buildings classified as high-rise buildings by the California Building Code, in all buildings greater than 300,000 square feet in area and in Group I-2 occupancies having occupied floors located more than 75 feet above the lowest level of fire department vehicle access, a fire command center for fire department operations shall be provided and comply with Sections 508.1.1 through 508.1.7. 2. Section 508.1.1 of the California Fire Code is deleted in its entirety and replaced with the following: 508.1.1 Location and access. The fire command center shall be located adjacent to the main lobby and shall be accessible from fire department vehicular access or as approved by the fire code official. The room shall have direct access from the building exterior at the lowest level of fire department access. 3. Section 508.1.3 of the California Fire Code is amended as follows: 508.1.3 Size. The fire command center shall be not less than 0.015 percent of the total building area of the facility served or 200 square feet (19 m2) in area, whichever is greater, with a minimum dimension of 0.7 times the square root of the room area or 10 feet (3048 mm), whichever is greater. Exception: A fire command center solely required because a building is greater than 300,000 square feet in area shall be a minimum of 96 square feet (9 m2) with a minimum dimension of 8 feet (2438mm). L. FIRE PROTECTION AND UTILITY EQUIPMENT IDENTIFICATION AND LOCATION 1. Section 509.2.1 of the California Fire Code is amended to add the following: 509.2.1 Minimum clearances. A 3-foot (914 mm) clear space shall be maintained around the circumference of exterior fire protection system control valves, or any other exterior fire protection system component that may require immediate access, except as otherwise required or approved. M. MECHANICAL REFRIGERATION 1. Section 608.11.1.2 of the California Fire Code is deleted in its entirety and replaced with the following: 608.11.1.2 Manual operation. When required by the fire code official, automatic crossover valves shall be capable of manual operation. The manual valves shall be located in an approved location immediately outside of the machinery room in a secure metal box or equivalent and marked as Emergency Controls. Item 3B-25 Ordinance No.1388 Page 25 N. AUTOMATIC FIRE SPRINKLER SYSTEMS 1. Section 903.2 of the California Fire Code is deleted in its entirety and replaced with the following: 903.2 Where required. In all new buildings and structures which are 3,000 square feet or greater, or where the combination of new additional square footage and existing square footage exceeds 3,000 square feet, an approved automatic sprinkler system shall be provided regardless of occupancy classification. The fire-resistive walls shall not be considered for reducing the fire area of the building and structures for the purposes of this section. Where the Sections 903.2.1 – 903.2.21 of the California Fire Code require more restrictive requirements than those listed below, the more restrictive requirement shall take precedence Exception: Unless required elsewhere in this code or the California Building Code, automatic fire sprinkler systems shall not be required for the following: 1. Detached Group U occupancies used for agricultural purposes constructed in accordance with the California Building Code. 2. Detached non-combustible equestrian arena shade canopies that are open on all sides and used for riding only - no commercial, assembly or storage uses. 3. Detached fabric or non-combustible shade structures that are open on all sides and used to shade playground equipment, temporary storage of vehicles and dining areas with no cooking. 4. Where determined by the Fire Chief that no major life safety hazard exists, and the fuel load does not pose a significant threat to firefighter safety or to other structures or property, automatic fire sprinklers may be exempted. One- and two-family dwellings shall have an automatic fire sprinkler system regardless of square footage in accordance with the California Residential Code. Fire sprinkler systems shall be installed in mobile homes, manufactured homes, and multifamily manufactured homes with two dwelling units in accordance with Title 25 of the California Code of Regulations. The following exceptions in the California Fire Code shall not be allowed: a. Exception in Section 903.2.3 b. Exception 2 in Section 903.2.11.3 2. A new Section 903.3.5.3 is added to Section 903 of the California Fire Code to read as follows: Item 3B-26 Ordinance No.1388 Page 26 903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity. O. DESIGNATION OF HIGH-PILED STORAGE 1. A new section is added to Section 3204.2 of the California Fire Code to read as follows: 3204.2.1 Minimum requirements for client leased or occupant owned warehouses. Designs of an automatic sprinkler system for client leased or occupant owned buildings containing high pile storage shall be based on the requirements of NFPA 13. The responsible fire protection engineer shall perform a survey of the building to determine commodity classification, storage configuration, building height and other information related to the development of an appropriate sprinkler system design. The fire protection engineer shall also make reasonable efforts to meet with the building owner or operator to understand seasonal or customer related fluctuations to the stored commodities, storage height, and configuration. The sprinkler design shall be based on the most demanding requirements determined through the onsite survey and discussions with the building owner or operator. The technical report shall describe the basis for determining the commodity and sprinkler design selection, how the commodities will be isolated or separated, and include references to the design document(s), including NFPA 13 or the current applicable factory mutual data sheets. If a specific fire test is used as the basis of design, a copy of the fire test report shall be provided at the time of plan review. P. FIRE HAZARD SEVERITY ZONES 1. A new Section 4904.3 is added to Section 4904 of the California Fire Code to read as follows: 4904.3 High Fire Hazard Severity Zone Maps. In accordance with Government Code Sections 51175 through 51189, Very High Fire Hazard Severity Zones (VHFHSZ), located in the Local Responsibility Areas (LRA), are designated as shown on the most recently published VHFHSZ IN LRA map, as recommended and published by the Director of the California Department of Forestry and Fire Protection (CAL FIRE), which may be revised from time to time. The most recent VHFHSZ IN LRA map is on file at the office of the Fire Chief, which supersedes other maps previously adopted designating high fire hazard areas. Q. APPENDIX B 1. Table B105.2 of the California Fire Code is amended as follows: TABLE B105.2 - REQUIRED FIRE-FLOW FOR BUILDINGS OTHER THAN ONE- AND TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES AUTOMATIC SPRINKLER SYSTEM Item 3B-27 Ordinance No.1388 Page 27 AUTOMATIC SPRINKLER SYSTEM (Design Standard) MINIMUM FIRE- FLOW (gallons per minute) FLOW DURATION (hours) No automatic sprinkler system Value in Table B105.1(2) Duration in Table B105.1(2) Section 903.3.1.1 of the California Fire Code 50% of the value in Table B105.1(2) Duration in Table B105.1(2) at the reduced flow rate Section 903.3.1.2 of the California Fire Code 50% of the value in Table B105.1(2) Duration in Table B105.1(2) at the reduced flow rate For SI: 1 gallon per minute = 3.785 L/m. a. The reduced fire-flow shall be not less than 1,000 gallons per minute. b. The reduced fire-flow shall be not less than 1,500 gallons per minute. R. APPENDIX C 1. Section C103.1 of the California Fire Code is deleted in its entirety and replaced with the following: C103.1 Hydrant spacing. Fire apparatus access roads and public streets providing required access to buildings in accordance with Section 503 of the International Fire Code shall be provided with one or more fire hydrants, as determined by Section C102.1. Where more than one fire hydrant is required, the distance between required fire hydrants shall be in accordance with Sections C103.2 and C103.3. Fire hydrants shall be provided at street intersections. CHAPTER 15.28 ADDRESS NUMBERING Sections: 15.28.010 Rules and regulations for street address numbers 15.28.020 Street address numbers size and height 15.28.025 Entrance numbers 15.28.030 Street address numbers responsibility 15.28.040 Street address numbers designation 15.28.050 Correcting erroneous numbers 15.28.060 Unnumbered buildings and obliterated/obstructed numbers 15.28.070 Violation—Penalty. 15.28.010 Rules and regulations for street address numbers The Building Official shall adopt such reasonable rules and regulations as are necessary to implement the street address number provisions of this article codified in this chapter. Item 3B-28 Ordinance No.1388 Page 28 15.28.020 Street address numbers size and height The City of Palm Desert, Building and Safety Division, shall provide a street address to all buildings used for residential, commercial, industrial, institutional, or governmental purposes. New and existing buildings shall have approved street address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. The minimum dimensions of any street address number designated by the Building Official shall be as shown in Table 15.28.020A. Stroke of Line – Helvetica Bold or Equal. Design (including shape and style) as well as location of the street address numbers shall be such that they are legible and easily readable. The Building Official may prescribe a street address number larger in size than stated in Table 15.28.020A when determined that lighting conditions, building locations, shadows, background, or readable from the street or approach to the entrance. A street address number of unusual design or placement may not be employed without prior written approval of the Building Official. 15.28.025 Entrance numbers All entrance numbers from the public streets or parking lots in the city to residential, commercial, or multiple tenant buildings shall be numbered as hereafter provided. Building address number and or suite unit number of each and every entrance shall be placed upon, or immediately above or adjacent to the door or gate closing of said entrance where multi-numbered street addresses exist on a site. Single numbered street addresses on a building will only require the suite number immediately above or adjacent to the door or gate of said entrance. Each figure of said number shall be no less than four inches in height and of corresponding width. (See Section 15.28.020.) The owner, agent TABLE 15.28.020A Distance From Street to Building Minimum Figure Size Over To Height Width Stroke of Line Building Placement (Maximum Height) 0’ 10’ 6” 2” ½” 8’ 11’ 25’ 6” 2 ¼” ½” 10’ 26’ 35’ 7” 2 ½” ½” 12’ 36’ 45’ 10” 3” ⅝” 14’ 46’ 55’ 10” 3 ½” ¾” 16’ 56’ 65’ 10” 4” ¾” 18’ 66’ 75’ 10” 4 ½” ⅞” 20’ 76’ 85’ 12” 5” 1” 22 86’ 95’ 12” 5 ½” 1 ⅛” 24’ 96’ 200’ 12” 6” 1 ¼” 26’ Item 3B-29 Ordinance No.1388 Page 29 or other person shall cause said building to be numbered in accordance with the building official or designee within thirty days. Results of the Building Official’s decision shall be filed with each address record. Exception: Numbers for single family residences less than thirty feet from the curb to front of building may be a minimum of four inches high by one and one-half inches wide. Notwithstanding the above, the Building Official may set forth different standards on a case-by-case consideration to comply with the intent of this chapter. 15.28.030 Street address numbers responsibility Every person having ownership, possession, custody, control or charge of any building structure or parking lot shall have and maintain the established street address number thereon upon or near each entrance from a street of the city, and from any other public access way, in the manner and location designated by the building official or designee. “Access way” shall include, but not be limited to, any alley, stairway, driveway, or walkway. 15.28.040 Street address numbers designation Installation, change, substitution, or removal of any existing or subsequently designated street address number shall be completed within thirty days after receipt by the owner, occupant, lessee, tenant, subtenant, fiduciary or custodian of such building, structure or parking lot, or any person or agent in charge thereof, of a written notice containing appropriate instructions therefor, from the Building Official. 15.28.050 Correcting erroneous numbers In cases where incorrect numbers have been placed and remain or shall hereafter be placed on any house or building, the owner, agent, or other person shall, upon notification by the Building Official, correct the erroneous numbers within thirty days after official notification. 15.28.060 Unnumbered buildings and obliterated/obstructed numbers In cases where a building or structure remains unnumbered or where a building or structure may have been numbered and the number since lost or destroyed or defaced as to be unintelligible from right-of-way, the owner, agent, or other person will cause said building or structure to be numbered in accordance with the official notification of the building official within thirty days. All numbered street addresses must be kept clear from all obstructions, including, but not limited to, vegetation, signs, banners, and vehicles. 15.28.070 Violation—Penalty It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Any person violating any provision of the chapter or failing Item 3B-30 Ordinance No.1388 Page 30 to comply with any of the requirements is deemed guilty of a violation of Chapter 1.12 of the code of Palm Desert, California. CHAPTER 15.30 CONSTRUCTION SITE SECURITY Sections: 15.30.010 Construction site security 15.30.020 New construction 15.30.030 Requirements to receive a building permit. 15.30.010 Construction site security A. The owner, contractor or responsible party constructing a new building, addition, alteration, or demolition to an existing building shall maintain security measures as deemed necessary or as required by the Building Official to control vandalism, fires, blowing dust, sand, or debris. B. Perimeter security fencing is required along all property lines. Fencing shall be a minimum six feet high with a minimum ninety-four percent blackout heavy-duty plastic screening. The number of access points onto the site shall be minimized, and where feasible, situated in locations that are highly visible from an adjacent street. Vehicle and pedestrian gates and openings shall have gates secured after hours of operation. Locking gates shall be secured with minimum 3/8-inch thick, 30-grade coil chain, or minimum 5/16-inch cable. The perimeter security fencing shall be maintained and remain in place through the duration of the project or until a permanent wall/fencing is installed. C. The owner, contractor or responsible party constructing a new building, addition, alteration, or demolition to an existing building shall keep the construction site clean by having adequately sized discarded materials containers placed on the site for the depositing of discarded materials. For the purpose of this section, discarded materials shall have the same meaning as in Chapter 8.16, and shall include those substances that may be accumulated as a result of construction activities. D. In accordance with Section 15.18.010 the owner, contractor or responsible party will meet diversion requirements as specified in Chapters 4 and 5 of the California Green Building Code, 23 CCR, Part 11. Containers, as defined in Chapter 8.16 of this municipal code, shall remain on the construction site until the building inspector has completed the final inspection or has approved the removal of the container. Said container shall be emptied of its contents on a regular schedule or as ordered by the building inspector in order to avoid blowing debris or other public nuisances. Item 3B-31 Ordinance No.1388 Page 31 E. Disposal shall be by transportation to a legally established recovery, processing, or disposal site by the city’s franchise waste hauler or other person authorized by law to remove any container from the location where the person in charge for storage and collection placed the container. F. Refusal to comply with the provisions of this section shall be deemed a misdemeanor or infraction and is punishable as stipulated in Chapter 1.12 of this code. The noncompliance can be sufficient cause for the revocation of the issued building permit. 15.30.020 New construction Persons applying for a permit from the city for new construction and building additions and alternations shall comply with the adequate container space requirements of Section 8.12.030 and applicable required components of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended, if its project is covered by the scope of CALGreen. If the requirements of CALGreen are more stringent than the container enclosure requirements of Section 8.12.030, the CALGreen requirements shall apply. 15.30.030 Requirements to receive a building permit Prior to the issuance of a building permit for all new projects requiring a building permit, the proponent of the project shall obtain the review and approval of the city manager or their designee of a plan depicting the recyclable materials and/or organic materials collection area or areas for the project. The plan shall comply with the following provisions: A. Location. recyclable materials and/or organic materials collection areas may be located either indoors or outdoors and may be included as part of the same enclosure where solid waste is collected. In no case shall any recyclable materials and/or organic materials collection area be farther from a dwelling unit or structure than the solid waste collection area which serves the same dwelling unit or structure. B. Signage. Collection areas and containers shall be clearly labeled to indicate the type and condition of discarded materials accepted. C. Space Allocation Based on an Approved Recycling Plan. In lieu of having specific collection area space allocation tables or formulas, and to allow maximum flexibility, a recycling plan may be submitted by the applicant which details the recyclable materials and/or organic materials collection system from the individual workstations to the final collection area and/or the size of interim and final collection areas (which must be minimum of one hundred twenty-eight square feet) and type of materials collected. Item 3B-32 Ordinance No.1388 Page 32 CHAPTER 15.32 MOVED BUILDINGS AND TEMPORARY STRUCTURES Sections: 15.32.010 Permits required 15.32.020 Application and investigation fee 15.32.030 Investigation and report 15.32.040 Denial of permit 15.32.050 Security required 15.32.060 Conditions of security 15.32.070 Permit issuance and fees 15.32.080 General requirements 15.32.090 Expiration of permits 15.32.110 Procedure upon default 15.32.120 Release of security 15.32.010 Permits required It is unlawful for any person, firm or corporation to move or cause to be moved any building or structure excepting a contractor’s tool house, construction office, or similar structure, which is relocated as construction requires, into or within the city without first obtaining a permit to do so from the Building Official. Exception: Buildings moved to the business premises of a house for the purpose of temporary storage. 15.32.020 Application and investigation fee To obtain a permit to relocate a building or structure the applicant shall first file an application therefore as required by California Building Code. The Building Official may require plans, photographs, and other data to substantiate the application. Each application shall be accompanied by an investigation fee to cover the costs of processing the application, inspecting the building and premises, and handling other matters connected therewith. Such fee shall be nonrefundable. If the building to be moved is located outside the city, the applicant shall pay an additional fee to cover increased costs of inspection and mileage. 15.32.030 Investigation and report The Building Official may cause an investigation to be made of each building or structure for which an application for a relocation permit has been received. A written report shall be prepared based on such inspection, and a copy of the report shall be given to the applicant. This report shall contain the approval or disapproval by the Building Official for relocating the building. If approved for relocation, the report may list the requirements and corrections necessary for making the building conform to the codes adopted herein. Item 3B-33 Ordinance No.1388 Page 33 In granting an approval for relocation, the Building Official may impose such terms and conditions as deemed reasonable and proper, including time limits for completion of all work, and requirements for whatever changes, alterations, additions, or repairs are necessary to assure that relocation will not be materially detrimental or injurious to public health, safety and welfare. The investigation report shall remain valid for a period of one hundred eighty days after the building or structure has been inspected, after which time a new investigation and report may be required by the Building Official. 15.32.040 Denial of permit Except as otherwise provided in this section, the Building Official shall be vested with the discretion to refuse to issue a relocation permit for any building or structure which: A. Is so constructed or is in such condition as to be dangerous. B. Is infested with pests or is unsanitary. C. Is in such condition in the judgment of the building official that it does not admit of practicable and effective repair. D. Is so dilapidated, defective or unsightly or is in such a condition of deterioration or disrepair that its relocation at the proposed site would cause appreciable harm to or be materially detrimental to the property or improvements in the area to which it would be relocated. E. Because of age, size, design or architectural treatment, does not substantially conform to the design, plan and construction of the buildings located in the area to which it is to be relocated so that its relocation would be materially detrimental to the property or improvements in said area. 15.32.050 Security required The building official shall be vested with the authority to require the applicant for a permit to first post with the building official a performance bond executed by the owner of the premises where the building or structure is to be located, listing said owner as principal, and an approved surety company authorized to do business in the state as surety; a cash bond naming the city of Palm Desert as the payee; or an assignment of certificates or shares issued by a savings and loan association doing business in this state and insured by the Federal Savings and Loan Insurance Corporation. The building official may waive the requirement of security when the owner of the property is a governmental agency. Item 3B-34 Ordinance No.1388 Page 34 The performance bond required by this section shall: 1. Be in form joint and several. 2. Name the city of Palm Desert as oblige. 3. Guarantee that the required work will be completed or, when ordered by the building official, the building or structure will be removed or demolished and the site cleared, cleaned, and restored to its original condition; within a reasonable time frame set by the building official. 4. Be in an amount equal to the estimated cost, plus ten percent, of the work required to be done in order to comply with all of the conditions of the relocation permit or shall be in an amount equal to the cost of demolition and removal, whichever is greater. Such costs for purposes of the bond shall be as estimated by the building official. 5. State therein the legal description or address of the property to which the building or structure is to be relocated. 15.32.060 Conditions of security Every performance bond, cash bond or assignment of shares required by this article shall be conditioned as follows: 1. Unless otherwise specified in the investigation report, work required to be done pursuant to the conditions of the relocation building permit shall be initiated within one hundred eighty days from the date of issuance of the permit. 2. The time limit specified may be extended for good and sufficient cause after written request of the principal or surety, before said time limit has expired. The building official shall notify the principal and surety in writing of such time extension and may extend the time limit without consent of the surety. 3. The term of each bond posted pursuant to this section shall begin upon the date of the posting thereof and shall end upon the completion to the satisfaction of the building official of the performance of all the terms and conditions of the relocation building permit. 4. The building official and the surety, or the duly authorized representative of either, shall have access to the premises described in the relocation permit for the purpose of inspecting the progress of the work. 5. Upon default by the principal, the surety shall cause all required work to be performed as set forth as stated in the investigation report and relocation permit. Item 3B-35 Ordinance No.1388 Page 35 6. In the event of default in the performance of any term or condition of the relocation permit, the surety or any person employed or engaged on its behalf, or the building official or any person employed or engaged on his or her behalf, may go upon the premises to complete the required work or to remove or demolish the building or structure, and to clear, clean and restore the site. 15.32.070 Permit issuance and fees Before any permit is issued for the relocation, reconstruction or repair of a building or structure a fee therefor shall be paid to the building official in accordance with the city council resolution for building, electrical, plumbing, mechanical, and grading or other permits when applicable. The required permits, together with the investigation report, shall comprise the relocation permit for the purpose of this chapter. The valuation for the purpose of determining the relocation permit fee shall be based upon the building official’s estimate of the cost of work necessary to relocate the structure and to bring into compliance with conditions listed on the investigation report and permit. 15.32.080 General requirements The following information shall be filed for review and subject to the approval of the building official prior to the issuance of the building relocation permit: 1. The location and address of the old and new sites. 2. A plot plan of the new location, including adjacent lots of all sides of the property with their use and an indication of all structures and improvements on such lot. 3. Plans and specifications for the proposed improvements at the new location, including drainage, foundation design and attachment, structural, geologic and soil engineering as appropriate. 4. The definition of the route of travel for the structure to be moved. The time and route shall be subject to the approval of the city engineer, fire chief and chief of police. 5. A termite inspection report prepared by a legally qualified person. 6. The abandonment of sewage disposal systems and/or sewer laterals as set forth in the California Plumbing Code, for the old and the new parcels involved. 7. A current photograph showing all four elevations of each structure to be relocated. 8. Such additional information as shall be deemed reasonably necessary by the building official to carry out the intent and purpose of this chapter. Item 3B-36 Ordinance No.1388 Page 36 9. That the structure shall comply or be altered to comply with current building, electrical, comfort heating, and air conditioning and plumbing code requirements; and 10. The vacated site shall be cleaned and restored to a safe and sightly condition, including the removal of abandoned foundation systems. 15.32.090 Expiration of permits Permits for the relocation, reconstruction and repair of a building or structure shall be null and void in accordance with the provisions of CBC, Chapter 1, Division II, Section 105.5 if the building or structure is not relocated to the proposed site and/or the required work commenced within one hundred eighty consecutive calendar days of the date of issuance of such permits. 15.32.110 Procedure upon default 1. Performance Bond. Should the principal fail to comply with the conditions required by the relocation permit, the building official shall give notice of default in writing to the principal and to the surety named in the performance bond. The notice of default shall state the conditions of the bond, which have not been complied with and shall specify the period of time the building official deems to be reasonably necessary for completion of the work. Upon receipt of a notice of default, the surety shall cause the required work to be completed within the time specified. The surety shall have the option of removing or demolishing the building or structure in lieu of completing the required work, in which case the site shall be suitably cleared, cleaned and restored to the satisfaction of the Building Official. Exception: The surety may be granted a release from its obligation to perform under the conditions of the performance bond provided: a. A written agreement is executed between surety and the division of building and safety under which the division assumes responsibility for causing completion of required work or demolition of the structure; and b. A cash bond is posted by surety in the amount of the performance bond, payable to the city, to enable the building official to cause the required work of repair or demolition to be performed in accordance with subsection B of this section. 2. Cash Bond. When a cash bond has been posted the building official shall give notice of default to the principal in the manner set forth above. Should the principal fail to comply with requirements within the specified time period, the building official at his or her own discretion may proceed without delay and without further notice or proceeding to use the cash deposit or any portion thereof to cause the required work to be completed by contract or otherwise. Item 3B-37 Ordinance No.1388 Page 37 3. Assignment of Shares. When an assignment of shares has been posted the building official shall give notice of default to the principal in the manner set forth above. Should the principal fail to comply with requirements within the specified time period, the building official may request payment of the assigned certificates or share or any portion thereof by the savings and loan association and at his or her own discretion the building official may proceed without delay and without further notice or proceeding to use such assets to cause the required work to be completed by contractor or otherwise. 15.32.120 Release of security 1. Performance Bond. When all conditions and requirements of the relocation permit and applicable laws and ordinances have been completed, the building official shall notify the surety that the bond has been exonerated. 2. Cash Bond. When a cash bond has been posted and all requirements of the relocation permit have been completed, the building official shall return the cash to the depositor, or to his or her successor or assigns, except any portion thereof that may have been used, cashed or deducted as provided elsewhere in this chapter. 3. Assignment of Shares. When an assignment of shares has been made and all requirements of the relocation permit have been completed, the building official shall notify the savings and loan association and shall do all things reasonably necessary to effect a release of said assignment to the principal or to his or her successors or assigns, except any portion thereof that may have been used, cashed or deducted as provided elsewhere in this chapter. CHAPTER 15.34 SAFETY ASSESSMENT PLACARDS 15.34.010 Intent 15.34.020 Application of provisions 15.34.030 Definitions 15.34.040 Placards 15.34.010 Intent This chapter establishes standard placards to be used to indicate the condition of a structure for continued occupancy. The chapter further authorizes the Building Official and their authorized representatives to post the appropriate placard at each entry point to a building or structure upon completion of a safety assessment. Item 3B-38 Ordinance No.1388 Page 38 15.34.020 Application of provisions The provisions of this chapter are applicable to all buildings and structures and all occupancies regulated by the city. The council may extend the provisions as necessary. 15.34.030 Definitions “Safety assessment” means a visual, nondestructive examination of a building or structure for the purpose of determining the condition of the building or structure for continued occupancy. 15.34.040 Placards A. The following are verbal descriptions of the official jurisdiction placards to be used to designate the condition for continued occupancy of buildings or structures. Copies of actual placards are attached to the ordinance codified in this chapter and adopted by reference. 1. “INSPECTED” - Lawful Occupancy Permitted (Green Placard) is to be posted on any building or structure wherein no apparent structural hazard has been found. This placard is not intended to mean that there is no damage to the building or structure. 2. “RESTRICTED USE” - (Yellow Placard) is to be posted on each building or structure that has been damaged wherein the damage has resulted in some form of restriction to the continued occupancy. The individual who posts this placard will note in general terms the type of damage encountered and will clearly and concisely note the restrictions on continued occupancy. 3. “UNSAFE” - Do Not Enter or Occupy (Red Placard) is to be posted on each building or structure that has been damaged such that continued occupancy poses a threat to life safety. Buildings or structures posted with this placard shall not be entered under any circumstance except as authorized in writing by the building official, or his or her authorized representative. Safety assessment teams shall be authorized to enter these buildings at any time. This placard is not to be used or considered as a demolition order. The individual who posts this placard will note in general terms the type of damage encountered. B. The number of the ordinance codified in this chapter, the name of the jurisdiction, its address and phone number shall be permanently affixed to each placard. C. Once it has been attached to a building or structure, a placard is not to be removed, altered or covered until done so by an authorized representative of the building official. It is unlawful for any person, firm or corporation to alter, remove, cover or deface a placard unless authorized pursuant to this chapter. Item 3B-39 Ordinance No.1388 Page 39 CHAPTER 15.36 ELECTRIC VEHICLE CHARGING STATIONS 15.36.010 Adoption 15.36.020 Purposes 15.36.030 Definitions 15.36.040 Expedited permitting requirements 15.36.050 Permit application process 15.36.060 Technical review 15.36.070 Electric vehicle charging station installation requirements. 15.36.010 Adoption That this chapter is hereby adopted by reference as “The Electric Vehicle Charging Stations” of the city of Palm Desert, and from the date on which the ordinance codified in this chapter shall take effect, the provisions thereof shall be controlling within the corporate limits of the city of Palm Desert. 15.36.020 Purposes The purpose of this chapter is to promote and encourage the use of electric vehicles by creating an expedited, streamlined permitting process for electric vehicle charging stations while promoting public health and safety and preventing specific adverse impacts in the installation and use of such charging stations. This chapter is also purposed to comply with California Government Code Section 65850.7. 15.36.030 Definitions “Electronic submittal” means the utilization of one or more of the following: 1. Electronic mail or email. 2. The Internet. 3. Facsimile. “Electric vehicle charging station” or “charging station” means any level of electric vehicle supply equipment station that is designed and built-in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this chapter, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle. “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. Item 3B-40 Ordinance No.1388 Page 40 15.36.040 Expedited permitting requirements The building official shall implement an expedited, streamlined permitting process for electric vehicle charging stations, and adopt a checklist of all requirements with which electric vehicle charging stations shall comply with in order to be eligible for expedited review. The expedited, streamlined permitting process and checklist may refer to the recommendations contained in the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” as published by the Governor’s Office of Planning and Research. The city’s adopted checklist shall be published on the city’s website. 15.36.050 Permit application process A. Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station will not have specific, adverse impact to public health and safety and building occupants. Verification by the applicant includes, but is not limited to: electrical system capacity and loads; electrical system wiring, bonding and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; areas of charging station equipment and vehicle parking. B. A permit application that satisfies the information requirements in the city’s adopted checklist shall be deemed complete and be promptly processed. Upon confirmation by the building official that the permit application and supporting documents meets the requirements of the city adopted checklist and is consistent with all applicable laws and health and safety standards, the building official shall, approve the application and issue all necessary permits. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by the city. If the building official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance. C. The building official shall allow for electronic submittal of permit applications covered by this chapter and associated supporting documentations. In accepting such permit applications, the building official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant. 15.36.060 Technical review A. It is the intent of this chapter to encourage the installation of electric vehicle charging stations by removing obstacles to permitting for charging stations so long as the action does not supersede the building official’s authority to address higher priority life- safety situations. If the building official makes a finding based on substantial evidence that the electric vehicle charging station could have a specific adverse impact upon the public health or safety, as defined in this chapter, the city may require the applicant to apply for a use permit. Item 3B-41 Ordinance No.1388 Page 41 B. In the technical review of a charging station, the building official shall not condition the approval for any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code Section 4080. 15.36.070 Electric vehicle charging station installation requirements. A. Electric vehicle charging station equipment shall meet the requirements of the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission. B. Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code. C. Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load. D. Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer’s installation instructions. Mounting of charging stations shall not adversely affect building elements.” Item 3B-42 Page 1 of 4 CITY OF PALM DESERT STAFF REPORT MEETING DATE: December 15, 2022 PREPARED BY: Nick Melloni, Senior Planner REQUEST: RESOLUTION TO ADOPT A NOTICE OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVAL OF A SUMMARY VACATION FOR A PORTION OF THE RESTRICTED ACCESS EASEMENT LYING WITHIN PARCELS 6 AND 7 OF PARCEL MAP 36792 LOCATED NORTH OF GERALD FORD DRIVE, APPROXIMATELY 750 FEET WEST OF TECHNOLOGY DRIVE RECOMMENDATION: 1.Conduct the public hearing and receive public testimony. 2. Adopt a resolution adopting a Notice of Exemption in accordance with CEQA and approving a summary vacation for a restricted access easement lying within Parcels 6 and 7 of Parcel Map 36792. PLANNING COMMISSION: On November 15, 2022, the Planning Commission held a public hearing to consider the project request and approved Planning Commission Resolution No. 2824 recommending approval of the project to the City Council in a 4-0 Vote, with Commissioner DeLuna recused. BACKGROUND/ANALYSIS: Strategic Plan: The project does not implement priorities of the Strategic Plan. Executive Summary: The Applicant, MDS Consulting, on behalf of Apogee Professional Services, requests approval to vacate a portion of an access rights restriction located between Parcel 6 and Parcel 7 of Parcel Map No. 36792. This access restriction is specified under the owner’s statement of the recorded Parcel Map No. 36792. The access restriction is requested in order to create a shared access drive on Gerald Ford Drive for the approved Millennium Apartments located on Parcel 7 and the future commercial development on Parcel 6. City staff concluded that the vacation of access rights is consistent with the applicable Millennium Palm Desert Specific Plan (MPDSP), which identifies the area to be vacated as a shared access drive for Planning Areas 6 and 7 and conforms with the requirements of the California Streets and Highways Code, Division 9, Part 3, Chapter 4, Sections 8330 through 8336 for a “summary vacation.” Item 3C-1 City of Palm Desert Case No. PM 36792 Restricted Access Easement Vacation Page 2 of 4 A.Property Description: The access rights restriction is located along the southerly boundary of Parcels 6 and 7 of Parcel Map No. 36792. This easement restricts vehicular access points for the property frontages along Gerald Ford Drive as specified on the owner’s statement of the recorded Parcel Map. On March 26, 2015, the City Council adopted Ordinance No. 1281 approving the MPDSP and Development Agreement (DA) 14-332. The MPDSP establishes zoning designations, design standards, procedures, and roadway configurations for a 152±acre area generally located on the north side of Gerald Ford Drive, east of Technology Drive, west of Portola Avenue, and south of the Union Pacific Railroad. The MPDSP identifies allowable locations for project entries and shared access points for Parcel 6/Planning Area (PA) 6 and Parcel 7/PA7 on Exhibit 10 of the document. On March 15, 2022, the Palm Desert Planning Commission approved Planning Commission Resolution No. 2809 approving Precise Plan (PP) 21-0009 for a 330-unit apartment development on PA 7. This approval showed a shared access point at the southeastern portion of the site, consistent with the approved MPDSP. The project approval included a condition that the applicant must vacate that portion of the access restriction easement in order to facilitate the development of the access drive. Project Analysis: The project will vacate an 80-foot-long segment of the existing access rights restriction along Gerald Ford Drive to facilitate the development of a shared access drive for Parcels 6 and 7 of Parcel Map No. 36792. The proposed location and design are consistent with prior approvals for the Millennium Palm Desert Specific Plan and the precise plan for the Millennium Apartments. The summary vacation must conform to the City’s General Plan and pursuant to the California Streets and Highways Code, Division 9, Part 3, Chapter 4, Sections 8330 through 8336 for a “summary vacation” to vacate the excess right-of-way based on the following: •The area has not been paved and has not been used for the past five (5) consecutive years for vehicular travel, and no public money has been used for its maintenance. The area is located entirely on private property and has not been used for vehicular travel for the past five (5) consecutive years. No public funds have been used for the maintenance of the area to be vacated. •The area has been determined to be excess by the City, and there are no other public facilities located within it. The area has been deemed excessive, as there is no need to restrict access at the area of the site in question. There are no public facilities or utilities within the area to be vacated. •The area is not required for street or highway purposes. The General Plan identifies the segment of Gerald Ford Drive adjacent to the vacated area as a Balanced Arterial. Gerald Ford Drive is currently built to the maximum envisioned width. There are no plans to expand the roadway beyond its existing condition, and therefore the area is not required for street or highway purposes. Item 3C-2 City of Palm Desert Case No. PM 36792 Restricted Access Easement Vacation Page 3 of 4 •The area does not contain public utility facilities that are in use or would be affected by the vacation. There are no existing public utility facilities within the vacation area. Staff finds that the summary vacation of the access rights restriction is consistent with the MPDSP, General Plan, and existing improvements for Gerald Ford Drive. In addition, the acting City Engineer and City Surveyor have concluded that the vacation meets the California Streets and Highways Code, Division 9, Part 3, Chapter 4, Sections 8330 through 8336 criteria referenced above. The area is currently vacant, unpaved, and has not been used for the past five consecutive years for vehicular travel. No public funds have been used for its maintenance, and there are no other public facilities located within it. The area is not deemed or required for street or highway purposes and does not contain public utility facilities that are in use or would be affected by the summary vacation. Public Input: Public noticing was conducted for the December 15, 2022, City Council meeting pursuant to Palm Desert Municipal Code (PDMC) Section 25.60.060 and Government Code Sections 65090 to 65094. A public hearing notice was published a minimum of 10 days prior to the hearing date on Sunday, December 4, 2022, in The Desert Sun newspaper. Notices were mailed to all property owners within 300 feet of the project site for a total of 29 public hearing notices mailed. No comments have been received. Environment Review: Based upon its review of the record, the City Council hereby finds and determines that the project has complied with the requirements of the "City of Palm Desert Procedure for Implementation of CEQA” Resolution No. 2019-41, and the City Council has concluded that the project will not have a significant impact on the environment and that the project is categorically exempt under Article 19, Section 15305 Minor Alterations in Land Use Limitations (Class 5) of the State CEQA Guidelines. The project is for the vacation of an access rights easement and is consistent with the General Plan circulation designation and applicable General Plan policies, as well as applicable Millennium Palm Desert Specific Plan and regulations. The project site has been previously graded and has no value as a habitat for endangered, rare, or threatened species. Project approval would not result in the possibility of significant cumulative impacts upon the environment. The site is adequately served by all required utilities and public services. Furthermore, none of the exceptions to the use of the Class 5 categorical exemption identified in State CEQA Guidelines Section 15300.2 apply. The project is not located in a particularly sensitive environment and will not impact an environmental resource of hazardous or critical concern. It is situated adjacent to an approved multifamily development. The project will not result in a cumulative impact from successive projects of the same type in the same place over time. There are no unusual circumstances surrounding the project that result in a reasonably possibility of a significant effect on the environment. The project will not damage scenic resources, including trees, historic buildings, rock outcroppings, or similar resources. The project does not include any hazardous waste sites, and the project will not cause a substantial adverse change in the Item 3C-3 City of Palm Desert Case No. PM 36792 Restricted Access Easement Vacation Page 4 of 4 significance of a historical resource. Thus, the Class 5 exemption applies, and no further environmental review is required. Findings of Approval: Findings can be made in support of the project under the City’s Municipal Code. Findings in support of this project are contained in the attached resolution. FINANCIAL IMPACT: The project will generate no financial impact. The existing easement is not maintained by the City and future improvements within the easement including a vehicular drive aisle will be privately constructed and maintained. REVIEWED BY: Department Director: Richard D. Cannone, AICP Assistant City Manager: Veronica Chavez Finance Director: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1.Draft City Council Resolution 2.Planning Commission Resolution No. 2824 3.Public Hearing Notice 4.CEQA Notice of Exemption 5.Project Exhibit – Plat and Legal Description Item 3C-4 RESOLUTION NO. 22-___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) APPROVING A SUMMARY VACATION FOR A PORTION OF THE RESTRICTED ACCESS EASEMENT LYING WITHIN PARCELS 6 AND 7 OF PARCEL MAP 36792 LOCATED NORTH OF GERALD FORD DRIVE, APPROXIMATELY 750 FEET WEST OF TECHNOLOGY DRIVE WHEREAS, the City Council did, on the 26th day of March 2015, adopted Ordinance 1281 approving the Millennium Palm Desert Specific Plan, Development Agreement 14-332, and adopting a Mitigated Negative Declaration for the project site; and WHEREAS, the Riverside County Assessor Clerk Recorder’s office did, on the 16th day of July 2015, record Parcel Map No. 36792 per Instrument Number 2015-0312202; and WHEREAS, said Parcel Map No. 36792 provides under the owner’s statement that an access rights restriction is in place for parcels that front on Gerald Ford Drive, including Parcels 6 and 7 of the map (“Parcels”); and WHEREAS, the Planning Commission did, on the 15th day of March 2022, adopt Planning Commission Resolution No. 2809 approving the Millennium Apartments Development on Planning Area 7 of the Millennium Palm Desert Specific Plan; and WHEREAS, the Planning Commission may recommend that the City Council vacate all or part of a street, highway, or public service easement pursuant to the Public Streets, Highways, and Service Easements Vacation Law (California Streets & Highways Code, § 8300 et seq.); and WHEREAS, the Planning Commission did, on the 15th day of November 2022, adopt Planning Commission Resolution No. 2824 recommending approval of a summary vacation to the City Council; and WHEREAS, the summary vacation proceedings are to be conducted pursuant to the provisions in sections 8330 through 8336, Chapter 4 of Part 3, Division 9, entitled “Summary Vacation” of the California Streets and Highways Code; and WHEREAS, the City Council finds that the Excess Right-of-Way (ROW) does not serve a public benefit; and WHEREAS, the Excess ROW satisfies the criteria for summary vacation pursuant to Sections 8331, 8333, 8344, and 8334.5 of the California Streets and Highways Code the Excess ROW (1) has not been paved and has not been used for the past five (5) consecutive years for vehicular travel, and no public money has been used for its maintenance; (2) has been determined to be excess by the City and there are no other public facilities located within it; (3) is not required for street or highway purposes; and (4) does not contain public utility facilities that are in use or would be affected by the vacation; and Item 3C-5 Resolution No. 22-_______ Page 2 2 WHEREAS, pursuant to Government Code section 65402(a), the City Council of the City of Palm Desert must review the proposed vacation of the Excess ROW is consistent with the City’s General Plan and conforms with the Palm Desert General Plan; and WHEREAS, under Section 21067 of the Public Resources Code, Section 15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), and the City of Palm Desert’s (“City’s”) Local CEQA Guidelines, the City is the lead agency for the Project; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 15th day of December 2022, hold a duly noticed public hearing to consider the request for approval of the above-noted Project request; 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, the Planning Commission did find the following facts and reasons, which are outlined in the staff report, exist to justify approval of said request: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: SECTION 1. Recitals. The City Council hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution. SECTION 2. General Plan Conformity. The City Council finds that the summary vacation of the Excess ROW is in conformance with the City’s General Plan because the Excess ROW does not serve a public benefit and is appropriate for summary vacation because the Excess ROW (1) has not been paved and has not been used for the past five (5) consecutive years for vehicular travel, and no public money has been used for its maintenance; (2) has been determined to be excess by the City and there are no other public facilities located within it; (3) is not required for street or highway purposes; and (4) does not contain public utility facilities that are in use or would be affected by the vacation. The summary vacation of the Excess ROW is consistent with the General Plan Land Circulation. SECTION 3. California Streets and Highways Code. The Excess ROW (1) has not been paved, has not been used for the past five (5) consecutive years for vehicular travel, and no public money has been used for its maintenance; (2) has been determined to be excess by the City and there are no other public facilities located within it; (3) is not required for street or highway purposes; and (4) does not contain public utility facilities that are in use or would be affected by the vacation; and SECTION 4. CEQA Findings. Based upon its review of the record, the City Council hereby finds and determines that the Project has complied with the requirements of the "City of Palm Desert Procedure for Implementation of CEQA” Resolution No. 2019-41 and the City Council has concluded that the Project will not have a significant impact on the environment and that the Project is categorically exempt under Article 19, Section 15303 New Construction or Conversion of Small Structures (Class 3) of the State CEQA Guidelines. The Project is for the vacation of an access rights easement and is consistent with the General Plan circulation designation and applicable General Plan policies, as well as applicable Millennium Palm Desert Specific Plan and regulations. The Project site has been previously graded and has no value as a habitat for endangered, rare, or threatened species. Project approval would not Item 3C-6 Resolution No. 22-_______ Page 3 3 result in the possibility of significant cumulative impacts upon the environment. The site is adequately served by all required utilities and public services. Furthermore, none of the exceptions to the use of the Class 5 categorical exemption identified in State CEQA Guidelines Section 15300.2 apply. The Project is not located in a particularly sensitive environment and will not impact an environmental resource of hazardous or critical concern. It is situated adjacent to an approved multifamily development. The Project will not result in a cumulative impact from successive Projects of the same type in the same place over time. There are no unusual circumstances surrounding the Project that result in a reasonably possibility of a significant effect on the environment. The Project will not damage scenic resources, including trees, historic buildings, rock outcroppings, or similar resources. The Project does not include any hazardous waste sites, and the Project will not cause a substantial adverse change in the significance of a historical resource. Thus, the Class 5 exemption applies, and no further environmental review is required. SECTION 4. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at the City’s office at 73510 Fred Waring Drive, Palm Desert, CA 92260. Anthony J. Mejia, MMC, the City Clerk of the City of Palm Desert is the custodian of the record of proceedings. SECTION 5. Execution of Resolution. The Mayor signs this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof. ADOPTED ON December 15, 2022. JAN C. HARNIK MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK Item 3C-7 Resolution No. 22-_______ Page 4 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 ______________, 2022. ANTHONY J. MEJIA CITY CLERK Item 3C-8 PLANNING COMMISSION RESOLUTION NO. 2824 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND RECOMMENDATION TO THE PALM DESERT CITY COUNCIL OF A SUMMARY VACATION FOR A PORTION OF THE RESTRICTED ACCESS EASEMENT LYING WITHIN PARCELS 6 AND 7 OF PARCEL MAP 36792 LOCATED NORTH OF GERALD FORD DRIVE, APPROXIMATELY 750 FEET WEST OF TECHNOLOGY DRIVE WHEREAS, the City Council did, on the 26th day of March 2015, adopted Ordinance 1281 approving the Millennium Palm Desert Specific Plan, Development Agreement 14-332, and adopting a Mitigated Negative Declaration for the project site; and WHEREAS, the Riverside County Assessor Clerk Recorder's office did, on the 16tn day of July 2015, record Parcel Map No. 36792 per Instrument Number 2015-0312202; and WHEREAS, said Parcel Map No. 36792 provides under the owner's statement that an access rights restriction is in place for parcels that front on Gerald Ford Drive, including Parcels 6 and 7 of the map ("Parcels"); and WHEREAS, the Planning Commission did, on the 15th day of March 2022, adopt Planning Commission Resolution No. 2809 approving the Millennium Apartments Development on Planning Area 7 of the Millennium Palm Desert Specific Plan; and WHEREAS, the Planning Commission may recommend that the City Council vacate all or part of a street, highway, or public service easement pursuant to the Public Streets, Highways, and Service Easements Vacation Law (California Streets & Highways Code, § 8300 et seq.); and WHEREAS, the summary vacation proceedings are to be conducted pursuant to the provisions in sections 8330 through 8336, Chapter 4 of Part 3, Division 9, entitled "Summary Vacation" of the California Streets and Highways Code; and WHEREAS, the Planning Commission finds that the Excess Right-of-Way (ROW) does not serve a public benefit; and WHEREAS, the Excess ROW satisfies the criteria for summary vacation pursuant to Sections 8331, 8333, 8344, and 8334.5 of the California Streets and Highways Code the Excess ROW (1) has not been paved and has not been used for the past five (5) consecutive years for vehicular travel, and no public money has been used for its maintenance; (2) has been determined to be excess by the City and there are no other public facilities located within it; (3) is not required for street or highway purposes; and (4) does not contain public utility facilities that are in use or would be affected by the vacation; and WHEREAS, pursuant to Government Code section 65402(a), the Planning Commission of the City of Palm Desert must review the proposed vacation of the Excess ROW is consistent with the City's General Plan and conforms with the Palm Desert General Plan; and Item 3C-9 PLANNING COMMISSION RESOLUTION NO. 2824 WHEREAS, under Section 21067 of the Public Resources Code, Section 15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), and the City of Palm Desert's ("City's") Local CEQA Guidelines, the City is the lead agency for the Project; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 15th day of November 2022, hold a duly noticed public hearing to consider the request for approval of the above-noted Project request; 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, the Planning Commission did find the following facts and reasons, which are outlined in the staff report, exist to justify approval of said request: NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: SECTION 1. Recitals. The Planning Commission hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution. SECTION 2. General Plan Conformity. The Planning Commission finds that the summary vacation of the Excess ROW is in conformance with the City's General Plan because the Excess ROW does not serve a public benefit and is appropriate for summary vacation because the Excess ROW (1) has not been paved and has not been used for the past five (5) consecutive years for vehicular travel, and no public money has been used for its maintenance; (2) has been determined to be excess by the City and there are no other public facilities located within it; (3) is not required for street or highway purposes; and (4) does not contain public utility facilities that are in use or would be affected by the vacation. The summary vacation of the Excess ROW is consistent with the General Plan Land Circulation. SECTION 3. California Streets and Highways Code. The Excess ROW (1) has not been paved, has not been used for the past five (5) consecutive years for vehicular travel, and no public money has been used for its maintenance; (2) has been determined to be excess by the City and there are no other public facilities located within it; (3) is not required for street or highway purposes; and (4) does not contain public utility facilities that are in use or would be affected by the vacation; and SECTION 4. CEQA Findings. Based upon its review of the record, the Planning Commission hereby finds and determines that the Project has complied with the requirements of the "City of Palm Desert Procedure for Implementation of CEQA" Resolution No. 2019-41 and the Planning Commission has concluded that the Project will not have a significant impact on the environment and that the Project is categorically exempt under Article 19, Section 15303 New Construction or Conversion of Small Structures (Class 3) of the State CEQA Guidelines. The Project is for the vacation of an access rights easement and is consistent with the General Plan circulation designation and applicable General Plan policies, as well as applicable Millennium Palm Desert Specific Plan and regulations. The Project site has been previously graded and has no value as a habitat for endangered, rare, or threatened species. Project approval would not result in the possibility of significant cumulative impacts upon the environment. The site is adequately served by all required utilities and public services. 2 Item 3C-10 PLANNING COMMISSION RESOLUTION NO. 2824 Furthermore, none of the exceptions to the use of the Class 5 categorical exemption identified in State CEQA Guidelines Section 15300.2 apply. The Project is not located in a particularly sensitive environment and will not impact an environmental resource of hazardous or critical concern. It is situated adjacent to an approved multifamily development. The Project will not result in a cumulative impact from successive Projects of the same type in the same place over time. There are no unusual circumstances surrounding the Project that result in a reasonably possibility of a significant effect on the environment. The Project will not damage scenic resources, including trees, historic buildings, rock outcroppings, or similar resources. The Project does not include any hazardous waste sites, and the Project will not cause a substantial adverse change in the significance of a historical resource. Thus, the Class 5 exemption applies, and no further environmental review is required. SECTION 5. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at the City's office at 73510 Fred Waring Drive, Palm Desert, CA 92260. Richard D. Cannone, AICP, the Secretary to the Palm Desert Planning Commission, is the custodian of the record of proceedings. ADOPTED ON November 15, 2022. Joe Pl d0t (N v 2.2022 12.24 PST) JOSEPH PRADETTO VICE-CHAIR ATTEST: RICHARD D. CANNONE, AICP SECRETARY I, Richard D. Cannone, AICP, Secretary of the City of Palm Desert, hereby certify that Resolution No. 2823 is a full, true, and correct copy, and was duly adopted at a regular meeting of the Planning Commission of the City of Palm Desert on November 15, 2022, by the following vote: AYES: GREGORY, GREENOOD, HOLT, and PRADETTO NOES: NONE ABSENT: NONE ABSTAIN: NONE RECUSED: DELUNA IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on November tit 2022. RICHARD D. CANNONE, AICP SECRETARY 3 Item 3C-11 Res No 2824 Final Audit Report 2022-11-22 Created: 2022-11-18 By: Monica O'Reilly(moreilly@cityofpalmdesert.org) Status: Signed Transaction ID: CBJCHBCAABAAkjZAn1aJU6LDAluA8aSYrgjEfipOb5ZI Res No 2824" History Document created by Monica O'Reilly(moreilly@cityofpalmdesert.org) 2022-11-18-7:06:00 PM GMT Document emailed to joseph.pradetto2@gmail.com for signature 2022-11-18-7:06:48 PM GMT Email viewed by joseph.pradetto2@gmail.com 2022-11-18-7:28:16 PM GMT ro Signer joseph.pradetto2@gmail.com entered name at signing as Joe Pradetto 2022-11-22-8:24:48 PM GMT try Document e-signed by Joe Pradetto (joseph.pradetto2@gmail.com) Signature Date:2022-11-22-8:24:50 PM GMT- Time Source:server Agreement completed. 2022-11-22-8:24:50 PM GMT Adobe Acrobat Sign Item 3C-12 G:\Planning\Case Files\PP\PP 21-0009 - Millennium Apartments\CC\1. SP 22-0009 - Public Hearing Notice (11.30.22).docx CITY OF PALM DESERT PUBLIC HEARING NOTICE CASE NO. PP 21-0009 NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, TO CONSIDER A REQUEST BY APOGEE PROFESSIONAL SERVICES FOR THE ADOPTION OF A NOTICE OF EXEMPTION AND APPROVAL OF A SUMMARY VACATION AND QUIT CLAIM OF A RESTRICTED ACCESS EASEMENT LYING WITHIN PARCELS 6 AND 7 OF PARCEL MAP 36792 LOCATED NORTH OF GERALD FORD DRIVE, APPROXIMATELY 750 FEET WEST OF TECHNOLOGY DRIVE The City of Palm Desert (City), in its capacity as the Lead Agency for this project pursuant to the California Environmental Quality Act (“CEQA”), finds that the project is categorically exempt pursuant to CEQA Guidelines Section 15305 Minor Alterations in Land Use Limitations (Class 5); therefore, no further environmental review is necessary, and that a Notice of Exemption can be adopted as part of this project. PROJECT LOCATION/DESCRIPTION: PROJECT LOCATION: Parcel 6 (APN 694-190-093) and Parcel 7 (694-490-087) of Parcel Map 36792 PROJECT DESCRIPTION: The proposal is a request for a summary vacation and quitclaim of a restricted access easement lying within Parcels 6 and 7 of PM 36792. This action is to accommodate a shared access drive along Gerald Ford Drive for the two parcels for an approved apartment development (Parcel 7) and future commercial development (Parcel 6). PUBLIC HEARING: NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Desert, California, will hold a Public Hearing at its meeting on December 6, 2022. The City Council meeting begins at 4:00 p.m. in the Council Chamber located at 73510 Fred Waring Drive, Palm Desert, California. Pursuant to Assembly Bill 361, this meeting may be conducted by teleconference. Options for remote participation will be listed on the Posted Agenda for the meeting at: https://www.cityofpalmdesert.org/our-city/mayor-and-city-council-/city-council- meeting-information-center. COMMENT PERIOD: The public comment period for this project is from December 4, 2022, to December 15, 2022. REVIEW OF PROJECT INFORMATION: Information concerning the proposed designation is available for review in the Office of the City Clerk at 73-510 Fred Waring Drive, Palm Desert, California, during regular business hours. COMMENT ON THIS APPLICATION: Response to this notice may be made as follows: • Written comments may be submitted to the City Council by letter to the address below or email at CouncilMeetingComments@cityofpalmdesert.org. Transmittal prior to the start of the meeting is required. Any correspondence received during or after the meeting will be distributed to the City Council as soon as practicable and retained for the official record. Any challenge of the proposed project in court may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior, to the public hearing. (Government Code Section 65009[b][2]). Si necesita ayuda con esta notificación por favor llame a la Ciudad de Palm Desert y comuníquese con Gloria Sanchez (760) 346-0611 ext. 354. PUBLISH: DESERT SUN ANTHONY J. MEJIA, MMC, CITY CLERK DECEMBER 4, 2022 CITY OF PALM DESERT, CALIFORNIA Item 3C-13 Notice of Exemption FORM “B” NOTICE OF EXEMPTION TO: Office of Planning and Research P. O. Box 3044, Room 113 Sacramento, CA 95812-3044 FROM: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Clerk of the Board of Supervisors or County Clerk County of: Riverside 2724 Gateway Dr, Riverside, CA 92507 1. Project Title: Summary Vacation – PM 36792 Lots 6 and 7 2. Project Applicant: MDS Consulting 3. Project Location – Identify street address and cross streets or attach a map showing project site (preferably a USGS 15’ or 7 1/2’ topographical map identified by quadrangle name): Parcel 6 and Parcel 7 of Parcel Map 36792 4. (a) Project Location – City: Palm Desert (b) Project Location – County: Riverside 5. Description of nature, purpose, and beneficiaries of Project: The Applicant, MDS Consulting, on behalf of Apogee Professional Services, requests approval to vacate a portion of an access rights restriction located between Parcels 6 and Parcel 7 of Parcel Map No. 36792. This access restriction is specified under the owner’s statement of the recorded Parcel Map No. 36792. The access restriction is requested in order to create a shared access drive on Gerald Ford Drive for the approved Millennium Apartments located on Parcel 7, and the future commercial development on Parcel 6. 6. Name of Public Agency approving project: City of Palm Desert 7. Name of Person or Agency undertaking the project, including any person undertaking an activity that receives financial assistance from the Public Agency as part of the activity or the person receiving a lease, permit, license, certificate, or other entitlement of use from the Public Agency as part of the activity: MDS Consulting 8. Exempt status: (check one) (a) Ministerial project. (Pub. Res. Code § 21080(b)(1); State CEQA Guidelines § 15268) (b) Not a project. (c) Emergency Project. (Pub. Res. Code § 21080(b)(4); State CEQA Guidelines § 15269(b),(c)) (d) Categorical Exemption. State type and section number: Class 5 “Minor Alterations in Land Use Limitations”; State CEQA Guidelines §15303 (e) Declared Emergency. (Pub. Res. Code § 21080(b)(3); State CEQA Guidelines § 15269(a)) Item 3C-14 Notice of Exemption FORM “B” (f) Statutory Exemption. State Code section number: (g) Other. Explanation: General Rule – Section 15061(b)(3) 9. Reason why project was exempt: Based upon its review of the record Planning Commission hereby finds and determines that the Project has complied with the requirements of the "City of Palm Desert Procedure for Implementation of CEQA” Resolution No. 2019-41 and the Planning Commission has concluded that the Project will not have a significant impact on the environment and that the Project is categorically exempt under Article 19, Section 15305 Minor Alterations in Land Use Limitations (Class 5) of the State CEQA Guidelines. The project is for the vacation of a access rights easement and is consistent with the General Plan circulation designation and applicable General Plan policies, as well as applicable Millennium Palm Desert Specific Plan and regulations. The project site has been previously graded and has no value as a habitat for endangered, rare, or threatened species. Project approval would not result in the possibility of significant cumulative impacts upon the environment. The site is adequately served by all required utilities and public services. Furthermore, none of the exceptions to the use of the Class 5 categorical exemption identified in State CEQA Guidelines Section 15300.2 apply. The Project is not located in a particularly sensitive environment and will not impact an environmental resource of hazardous or critical concern. It is situated adjacent to an approved multifamily development. The Project will not result in a cumulative impact from successive Projects of the same type in the same place, over time. There are no unusual circumstances surrounding the Project that result in a reasonably possibility of a significant effect on the environment. The Project will not damage scenic resources, including trees, historic buildings, rock outcroppings, or similar resources. The Project does not include any hazardous waste sites, and the Project will not cause a substantial adverse change in the significance of a historical resource. Thus, the Class 5 exemption applies, and no further environmental review is required. 10. Lead Agency Contact Person: Nick Melloni, Senior Planner Telephone: (760) 776-6479 11. If filed by applicant: Attach Preliminary Exemption Assessment (Form “A”) before filing. 12. Has a Notice of Exemption been filed by the public agency approving the project? Yes No 13. Was a public hearing held by the lead agency to consider the exemption? Yes No If yes, the date of the public hearing was: 12/15/2022 Signature:__________________________________ Date:_______________ Title:__________________________ Item 3C-15 Notice of Exemption FORM “B” Signed by Lead Agency Signed by Applicant Date Received for Filing: (Clerk Stamp Here) Authority cited: Sections 21083 and 21100, Public Resources Code. Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. Item 3C-16 Item 3C-17 Item 3C-18 Page 1 of 4 CITY OF PALM DESERT STAFF REPORT MEETING DATE: December 15, 2022 PREPARED BY: Nick Melloni, Senior Planner REQUEST: RESOLUTION TO ADOPT A NOTICE OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVAL OF A SUMMARY VACATION OF AN UNUSED EXCESS PORTION OF RIGHT-OF-WAY LOCATED AT THE NORTHERLY TERMINUS OF SANTA MARGARITA AVENUE ADJACENT TO 44525 SANTA MARGARITA AVENUE RECOMMENDATION: 1.Conduct the public hearing and receive public testimony. 2. Adopt a resolution approving a Notice of Exemption in accordance with CEQA and a summary vacation of an unused portion of Santa Margarita Avenue located at the northerly terminus of Santa Margarita Avenue, generally at 44525 Santa Margarita Avenue. PLANNING COMMISSION: On November 15, 2022, the Planning Commission held a public hearing approving Resolution No. 2823, recommending approval of the project to the City Council in a 4-0 vote, with Commissioner Gregory recused. No public comments were received for this item. BACKGROUND/ANALYSIS: Strategic Plan: The project does not implement priorities of the Strategic Plan. Executive Summary: The Applicant, MSA Consulting Inc, on behalf of Heartbeat at 22, requests approval to vacate a 1,056-square-foot portion of unutilized, excess public right-of-way at the northernmost cul- de-sac of Santa Margarita Avenue. The process of vacating the right-of-way is a summary vacation. The right-of-way proposed for vacation is located adjacent to the lot at 44525 Santa Margarita Avenue to the west and 44520 Santa Margarita Avenue to the east. The proposed vacated area has not been utilized as a public street within the last five (5) years, and approval of the vacation will not require new improvements or modifications to existing streets. Vacating the right-of-way will not change the existing configuration of Santa Margarita Avenue. City staff has reviewed the request and concludes that the vacation of the unused public right- of-way is consistent with the Palm Desert General Plan and conforms with the requirements of the California Streets and Highways Code, Division 9, Part 3, Chapter 4, Sections 8330 through 8336 for a “summary vacation,” and can therefore be approved by City Council. BACKGROUND/ANALYSIS: A.Property Description: The right-of-way is located at the northernmost cul-de-sac on Item 3D-1 City of Palm Desert Santa Margarita Avenue Right-of-Way Vacation Page 2 of 4 Santa Margarita Avenue. In 1988, the City approved Assessment District No. 87-1, which included a plan to improve streets throughout residential neighborhoods located between Highway 111 to the south and Fred Waring Drive to the north. This plan included a modification of the original cul-de-sac design from a bulb shape to the offset cul-de-sac design, which exists today in order to comply with new access design standards. The excess right-of-way for the former cul-de-sac was never formally vacated, resulting in the excess right-of-way in existence today. In May of 2022, the Palm Desert Planning Commission approved PC Resolution No. 2812 to construct five (5) new residential dwelling units, a 1,935-square-foot addition, and parking on the property located at 44525 Santa Margarita. This approval includes a condition that the owner of the property alter the design of the cul-de-sac, and correct the right-of-way design. Project Analysis: The summary vacation must conform to the City’s General Plan and pursuant to the California Streets and Highways Code, Division 9, Part 3, Chapter 4, Sections 8330 through 8336 for a “summary vacation” to vacate the excess right-of-way based on the following: •The area has not been paved and has not been used for the past five consecutive years for vehicular travel, and no public money has been used for its maintenance. The area consists of an unpaved area that has been maintained by adjacent property owners for at least the past five (5) years. This area has not been used for vehicular travel or been maintained by the City. •The area has been determined to be excess by the city, and there are no other public facilities located within it. The area has been deemed excessive as it is a remnant of an old cul-de-sac design. There are no City facilities located within the 1,056-square-foot vacated area. •The area is not required for street or highway purposes. The adjacent cul-de-sac is sufficient for vehicle access and emergency access purposes. The General Plan identifies the existing street as a local street, and no additional dedications are required. There are no plans to expand Santa Margarita Road beyond its existing condition. •The area does not contain public utility facilities that are in use or would be affected by the vacation. There are no existing public utility facilities within the vacation area. Appropriate right-of- way will be maintained around the cul-de-sac for existing utilities adjacent to the vacated area, including a storm catch basin. Staff finds that the summary vacation of the excess right-of-way is in conformance because the Item 3D-2 City of Palm Desert Santa Margarita Avenue Right-of-Way Vacation Page 3 of 4 excess right-of-way does not serve a public benefit. The General Plan Circulation element identifies the street designation of Santa Margarita Avenue as a local street, which does not require widening. The provisions of the General Plan are not compromised by the vacation of the right-of-way. Vacating the right-of-way will not change the existing configuration of Santa Margarita Avenue. In addition, the summary vacation meets the California Streets and Highways Code, Division 9, Part 3, Chapter 4, Sections 8330 through 8336 criteria referenced above. The area is currently vacant, unpaved, and has not been used for the past five (5) consecutive years for vehicular travel. No public money has been used for its maintenance, and there are no other public facilities located within it. The area is not deemed or required for street or highway purposes and does not contain public utility facilities that are in use or would be affected by the summary vacation. The acting City Engineer and City Surveyor have analyzed the plan and determined the proposal is consistent with state law. Public Input: Public noticing was conducted for the December 15, 2022, City Council meeting pursuant to PDMC Section 25.60.060 and Government Code Sections 65090 to 65094. A public hearing notice was published a minimum of 10 days prior to the hearing date on Sunday, December 4, 2022, in The Desert Sun newspaper. Notices were mailed to all property owners within 300 feet of the project site for a total of 28 public hearing notices mailed. No comments have been received. Environment Review: City staff has reviewed the project pursuant to CEQA and recommends that the City Council find the project is exempt from environmental review pursuant to Section 15305 Minor Alterations in Land Use Limitations (Class 5) of the State CEQA Guidelines. The project is for the vacation of a 1,056-square-foot excess unutilized portion of public right-of-way and is consistent with the General Plan circulation designation and applicable General Plan policies, as well as applicable zoning designation and regulations. The project site has been previously graded and has no value as a habitat for endangered, rare, or threatened species. Project approval would not result in the possibility of significant cumulative impacts upon the environment. The site is adequately served by all required utilities and public services. Furthermore, none of the exceptions to the use of the Class 5 categorical exemption identified in State CEQA Guidelines Section 15300.2 apply. The project is not located in a particularly sensitive environment and will not impact an environmental resource of hazardous or critical concern. It is situated adjacent to an existing single-family residence, and no physical improvements are required. The project will not result in a cumulative impact from successive projects of the same type in the same place over time. There are no unusual circumstances surrounding the project that result in a reasonably possibility of a significant effect on the environment. The project will not damage scenic resources, including trees, historic buildings, rock outcroppings, or similar resources. The project does not include any hazardous waste sites, and the project will not cause a substantial adverse change in the significance of a Item 3D-3 City of Palm Desert Santa Margarita Avenue Right-of-Way Vacation Page 4 of 4 historical resource. Thus, the Class 5 exemption applies, and no further environmental review is required. Findings of Approval: Findings can be made in support of the project under the City’s Municipal Code. Findings in support of this project are contained in the attached resolution. FINANCIAL IMPACT: The project will generate no financial impact. The existing right-of-way is not maintained by the City, and future maintenance will be privately constructed and maintained. REVIEWED BY: Department Director: Richard D. Cannone, AICP Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1. Draft City Council Resolution 2. Planning Commission Resolution No. 2823 3. Public Hearing Notice 4. CEQA Notice of Exemption 5. Project Exhibit – Plat and Legal Description Item 3D-4 RESOLUTION NO. 2022-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVING A SUMMARY VACATION OF AN UNUSED EXCESS PORTION OF RIGHT- OF-WAY LOCATED AT THE NORTHERLY TERMINUS OF SANTA MARGARITA AVENUE ADJACENT TO 44525 SANTA MARGARITA AVENUE WHEREAS, the City of the City of Palm Desert has concluded that the excess public right-of-way exists along Santa Margarita Avenue at its northerly terminus approximately 750 feet north of De Anza Way (“Excess ROW”); and WHEREAS, that that the City Council may vacate all or part of a street, highway, or public service easement pursuant to the Public Streets, Highways, and Service Easements Vacation Law (California Streets & Highways Code, § 8300 et seq.); and WHEREAS, the summary vacation proceedings are to be conducted pursuant to the provisions in sections 8330 through 8336, Chapter 4 of Part 3, Division 9, entitled “Summary Vacation,” of the California Streets and Highways Code; and WHEREAS, the City Council finds that the Excess ROW does not serve a public benefit; and WHEREAS, the Excess ROW satisfies the criteria for summary vacation pursuant to Sections 8331, 8333, 8344, and 8334.5 of the California Streets and Highways Code because the Excess ROW (1) has not been paved, has not been used for the past five consecutive years for vehicular travel, and no public money has been used for its maintenance; (2) has been determined to be excess by the City and there are no other public facilities located within it; (3) is not required for street or highway purposes; and (4) does not contain public utility facilities that are in use or would be affected by the vacation; and WHEREAS, pursuant to Government Code section 65402(a), the City Council of the City of Palm Desert must review the proposed vacation of the Excess ROW is consistent with the City’s General Plan and conforms with the Palm Desert General Plan; and WHEREAS, under Section 21067 of the Public Resources Code, Section 15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), and the City of Palm Desert’s (“City’s”) Local CEQA Guidelines, the City is the lead agency for the Project; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 15th day of November 2022, hold a duly noticed public hearing to consider the request for approval of the above-noted Project request and approved the project; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 15th day of December 2022, hold a duly noticed public hearing to consider the request for approval of the above-noted Project request; 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, the Planning Commission Item 3D-5 Resolution No. 22-_______ Page 2 2 did find the following facts and reasons, which are outlined in the staff report, exist to justify approval of said request: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: SECTION 1. Recitals. The City Council hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution. SECTION 2. General Plan Conformity. The City Council finds that the summary vacation of the Excess ROW is in conformance with the City’s General Plan because the Excess ROW does not serve a public benefit and is appropriate for summary vacation because the Excess ROW (1) has not been paved, has not been used for the past five consecutive years for vehicular travel, and no public money has been used for its maintenance; (2) has been determined to be excess by the City and there are no other public facilities located within it; (3) is not required for street or highway purposes; and (4) does not contain public utility facilities that are in use or would be affected by the vacation. The summary vacation of the Excess ROW is consistent General Plan Land Circulation SECTION 3. CEQA Findings. Based upon its review of the record City Council hereby finds and determines that the Project has complied with the requirements of the "City of Palm Desert Procedure for Implementation of CEQA” Resolution No. 2019-41 and the City Council has concluded that the Project will not have a significant impact on the environment and that the Project is categorically exempt under Article 19, Section 15303 New Construction or Conversion of Small Structures (Class 3) of the State CEQA Guidelines. The project is for the vacation of a 1,056-square-foot excess unutilized portion of public right-of-way and is consistent with the General Plan circulation designation and applicable General Plan policies, as well as applicable zoning designation and regulations. The project site has been previously graded and has no value as a habitat for endangered, rare, or threatened species. Project approval would not result in the possibility of significant cumulative impacts upon the environment. The site is adequately served by all required utilities and public services. Furthermore, none of the exceptions to the use of the Class 5 categorical exemption identified in State CEQA Guidelines Section 15300.2 apply. The Project is not located in a particularly sensitive environment and will not impact an environmental resource of hazardous or critical concern. It is situated adjacent to an existing single-family residence and no physical improvements are required. The Project will not result in a cumulative impact from successive Projects of the same type in the same place, over time. There are no unusual circumstances surrounding the Project that result in a reasonably possibility of a significant effect on the environment. The Project will not damage scenic resources, including trees, historic buildings, rock outcroppings, or similar resources. The Project does not include any hazardous waste sites, and the Project will not cause a substantial adverse change in the significance of a historical resource. Thus, the Class 5 exemption applies, and no further environmental review is required. SECTION 4. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at the Item 3D-6 Resolution No. 22-_______ Page 3 3 City’s office at 73510 Fred Waring Drive, Palm Desert, CA 92260. Anthony J. Mejia, MMC, the City Clerk of the City of Palm Desert is the custodian of the record of proceedings. SECTION 5. Execution of Resolution. The Mayor signs this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof. ADOPTED ON December 15, 2022. JAN C. HARNIK MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK Item 3D-7 Resolution No. 22-_______ Page 4 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 December 15, 2022, 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 ___________________. ANTHONY J. MEJIA CITY CLERK Item 3D-8 PLANNING COMMISSION RESOLUTION NO. 2823 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND RECOMMENDATION TO THE PALM DESERT CITY COUNCIL FOR APPROVAL OF A SUMMARY VACATION OF AN EXCESS PORTION OF RIGHT-OF-WAY LOCATED AT THE NORTHERLY TERMINUS OF SANTA MARGARITA AVENUE WHEREAS, MSA Consulting, Inc., on behalf of Heartbeat at 22 ("Applicant), has requested to vacate a 1,056-square-foot portion of the public right-of-way adjacent to their project located at 44525 Santa Margarita Ave ("Excess ROW"); and WHEREAS, the Planning Commission may recommend that the City Council may vacate all or part of a street, highway, or public service easement pursuant to the Public Streets, Highways, and Service Easements Vacation Law (California Streets & Highways Code, § 8300 et seq.); and WHEREAS, under Section 21067 of the Public Resources Code, Section 15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), and the City of Palm Desert's ("City's") Local CEQA Guidelines, the City is the lead agency for the Project; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 15th day of November 2022, hold a duly noticed public hearing to consider the request for approval of the above-noted Project request; 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, the Planning Commission did find the following facts and reasons, which are outlined in the staff report, exist to justify approval of said request: NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: SECTION 1. Recitals. The Planning Commission hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution. SECTION 2. General Plan. The Excess ROW satisfies the criteria for summary vacation pursuant to Sections 8331, 8333, 8344, and 8334.5 of the California Streets and Highways Code and finds that it does not serve as a public benefit. The Planning Commission finds that the summary vacation of the Excess ROW is in conformance with the City's General Plan because the Excess ROW does not serve a public benefit and is appropriate for summary vacation because the Excess ROW (1) has not been paved and has not been used for the past five (5) consecutive years for vehicular travel, and no public funds have been used for its maintenance; (2) has been determined to be excess by the City, and there are no other public facilities located within it; (3) is not required for street or highway purposes; and 4) does not contain public utility facilities that are in use or would be affected by the vacation. Item 3D-9 PLANNING COMMISSION RESOLUTION NO. 2823 The summary vacation of the Excess ROW is consistent with the General Plan Land Circulation. SECTION 3. Streets and Highway Code. WHEREAS, the Excess ROW satisfies the criteria for summary vacation pursuant to Sections 8331, 8333, 8344, and 8334.5 of the California Streets and Highways Code the Excess ROW (1) has not been paved and has not been used for the past five (5) consecutive years for vehicular travel, and no public money has been used for its maintenance; (2) has been determined to be excess by the City, and there are no other public facilities located within it; (3) is not required for street or highway purposes; and (4) does not contain public utility facilities that are in use or would be affected by the vacation; and SECTION 4. CEQA Findings. Based upon its review of the record, the Planning Commission hereby finds and determines that the Project has complied with the requirements of the "City of Palm Desert Procedure for Implementation of CEQA" Resolution No. 2019-41, and the Planning Commission has concluded that the Project will not have a significant impact on the environment and that the Project is categorically exempt under Article 19, Section 15303 New Construction or Conversion of Small Structures (Class 3) of the State CEQA Guidelines. The project is for the vacation of a 1,056-square-foot excess unutilized portion of public right-of-way and is consistent with the General Plan circulation designation and applicable General Plan policies, as well as applicable zoning designation and regulations. The project site has been previously graded and has no value as a habitat for endangered, rare, or threatened species. Project approval would not result in the possibility of significant cumulative impacts upon the environment. The site is adequately served by all required utilities and public services. Furthermore, none of the exceptions to the use of the Class 5 categorical exemption identified in State CEQA Guidelines Section 15300.2 apply. The Project is not located in a particularly sensitive environment and will not impact an environmental resource of hazardous or critical concern. It is situated adjacent to an existing single-family residence, and no physical improvements are required. The Project will not result in a cumulative impact from successive Projects of the same type in the same place, over time. There are no unusual circumstances surrounding the Project that result in a reasonably possibility of a significant effect on the environment. The Project will not damage scenic resources, including trees, historic buildings, rock outcroppings, or similar resources. The Project does not include any hazardous waste sites, and the Project will not cause a substantial adverse change in the significance of a historical resource. Thus, the Class 5 exemption applies, and no further environmental review is required. SECTION 5. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at the City's office at 73510 Fred Waring Drive, Palm Desert, CA 92260. Richard D. Cannone, AICP, the Secretary to the Palm Desert Planning Commission, is the custodian of the record of proceedings. 2 Item 3D-10 PLANNING COMMISSION RESOLUTION NO. 2823 ADOPTED ON November 15, 2022. NGf`/Gy LGl17Gl Nancy Pe una iN-L4,2022 W"I PST NANCY DE LUNA CHAIRPERSON ATTEST: RICHARD D. CANNONE, AICP SECRETARY I, Richard D. Cannone, AICP, Secretary of the City of Palm Desert, hereby certify that Resolution No. 2823 is a full, true, and correct copy, and was duly adopted at a regular meeting of the Planning Commission of the City of Palm Desert on November 15, 2022, by the following vote: AYES: DE LUNA, GREENWOOD, HOLT, and PRADETTO NOES: NONE ABSENT: NONE ABSTAIN: NONE RECUSED: GREGORY IN WITNESS WHEREOF, I have hereunto set myhand and affixed the official seal of the City of Palm Desert, California, on November ICY ? 2022. RICHARD D. CANNONE, AICP SECRETARY 3 Item 3D-11 Res No 2823 Final Audit Report 2022-11-18 Created: 2022-11-18 By: Monica O'Reilly(moreilly@cityofpalmdesert.org) Status: Signed Transaction ID: CBJCHBCAABAAFZCWD6gW9CLQxKluwgYsybLLv4D844bT Res No 2823" History l Document created by Monica O'Reilly(moreilly@cityofpalmdesert.org) 2022-11-18-6:46:18 PM GMT Document emailed to nancyjdeluna@gmail.com for signature 2022-11-18-6:46:47 PM GMT Email viewed by nancyjdeluna@gmail.com 2022-11-18-6:50:03 PM GMT Signer nancyjdeluna@gmail.com entered name at signing as Nancy DeLuna 2022-11-18-6:51:09 PM GMT Cho Document e-signed by Nancy DeLuna (nancyjdeluna@gmail.com) Signature Date:2022-11-18-6:51:11 PM GMT- Time Source:server Q Agreement completed. 2022-11-18-6:51:11 PM GMT Adobe Acrobat Sign Item 3D-12 G:\Planning\Case Files\PP\PP 21-0010 Heartbeat at 22\CC\1. SP 22-0010 - Public Hearing Notice (11.30.22).docx CITY OF PALM DESERT PUBLIC HEARING NOTICE CASE NO. PP 21-0010 NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, TO CONSIDER A REQUEST BY HEARTBEAT AT 22 FOR THE ADOPTION OF A NOTICE OF EXEMPTION AND APPROVAL OF A SUMMARY VACATION OF AN UNUSED PORTION OF PUBLIC RIGHT-OF-WAY ON SANTA MARGARITA AVENUE TO THE PROPERTY LOCATED AT 44525 SANTA MARGARITA AVENUE The City of Palm Desert (City), in its capacity as the Lead Agency for this project pursuant to the California Environmental Quality Act (“CEQA”), finds that the project is categorically exempt pursuant to CEQA Guidelines Section 15305 Minor Alterations in Land Use Limitations (Class 5); therefore, no further environmental review is necessary, and that a Notice of Exemption can be adopted as part of this project. PROJECT LOCATION/DESCRIPTION: PROJECT LOCATION: 44525 Santa Margarita Avenue (APN 625-071-012) PROJECT DESCRIPTION: The proposal is a request to vacate a portion of an existing, unused public right-of-way totaling 1,056 square feet to the adjoining properties located at 44525 Santa Margarita and 44520 Santa Margarita. PUBLIC HEARING: NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Desert, California, will hold a Public Hearing at its meeting on December 6, 2022. The City Council meeting begins at 4:00 p.m. in the Council Chamber located at 73510 Fred Waring Drive, Palm Desert, California. Pursuant to Assembly Bill 361, this meeting may be conducted by teleconference. Options for remote participation will be listed on the Posted Agenda for the meeting at: https://www.cityofpalmdesert.org/our-city/mayor-and-city-council-/city-council- meeting-information-center. COMMENT PERIOD: The public comment period for this project is from December 4, 2022, to December 15, 2022. REVIEW OF PROJECT INFORMATION: Information concerning the proposed designation is available for review in the Office of the City Clerk at 73-510 Fred Waring Drive, Palm Desert, California, during regular business hours. COMMENT ON THIS APPLICATION: Response to this notice may be made as follows: • Written comments may be submitted to the City Council by letter to the address below or email at CouncilMeetingComments@cityofpalmdesert.org. Transmittal prior to the start of the meeting is required. Any correspondence received during or after the meeting will be distributed to the City Council as soon as practicable and retained for the official record. Any challenge of the proposed project in court may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior, to the public hearing. (Government Code Section 65009[b][2]). Si necesita ayuda con esta notificación por favor llame a la Ciudad de Palm Desert y comuníquese con Gloria Sanchez (760) 346-0611 ext. 354. PUBLISH: DESERT SUN ANTHONY J. MEJIA, MMC, CITY CLERK DECEMBER 4, 2022 CITY OF PALM DESERT, CALIFORNIA Item 3D-13 2 Item 3D-14 Notice of Exemption FORM “B” NOTICE OF EXEMPTION TO: Office of Planning and Research P. O. Box 3044, Room 113 Sacramento, CA 95812-3044 FROM: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Clerk of the Board of Supervisors or County Clerk County of: Riverside 2724 Gateway Dr, Riverside, CA 92507 1. Project Title: Summary Vacation – Santa Margarita Avenue 2. Project Applicant: MDS Consulting 3. Project Location – Identify street address and cross streets or attach a map showing project site (preferably a USGS 15’ or 7 1/2’ topographical map identified by quadrangle name): NORTHERLY TERMINUS OF SANTA MARGARITA AVENUE ADJACENT TO 44525 SANTA MARGARITA AVENUE. 4. (a) Project Location – City: Palm Desert (b) Project Location – County: Riverside 5. Description of nature, purpose, and beneficiaries of Project: The Applicant, MSA Consulting Inc, on behalf of Heartbeat at 22, requests approval to vacate a 1,056- square-foot portion of unutilized, excess public right- of-way at the northernmost cul-de-sac of Santa Margarita Avenue. 6. Name of Public Agency approving project: City of Palm Desert 7. Name of Person or Agency undertaking the project, including any person undertaking an activity that receives financial assistance from the Public Agency as part of the activity or the person receiving a lease, permit, license, certificate, or other entitlement of use from the Public Agency as part of the activity: MSA Consulting Inc. 8. Exempt status: (check one) (a) Ministerial project. (Pub. Res. Code § 21080(b)(1); State CEQA Guidelines § 15268) (b) Not a project. (c) Emergency Project. (Pub. Res. Code § 21080(b)(4); State CEQA Guidelines § 15269(b),(c)) (d) Categorical Exemption. State type and section number: Class 5 “Minor Alterations in Land Use Limitations”; State CEQA Guidelines §15303 (e) Declared Emergency. (Pub. Res. Code § 21080(b)(3); State CEQA Guidelines § 15269(a)) (f) Statutory Exemption. State Code section number: (g) Other. Explanation: General Rule – Section 15061(b)(3) 9. Reason why project was exempt: Based upon its review of the record the City Council Item 3D-15 Notice of Exemption FORM “B” hereby finds and determines that the Project has complied with the requirements of the "City of Palm Desert Procedure for Implementation of CEQA” Resolution No. 2019-41 and the Planning Commission has concluded that the Project will not have a significant impact on the environment and that the Project is categorically exempt under Article 19, Section 15305 Minor Alterations in Land Use Limitations (Class 5) of the State CEQA Guidelines. The project is for the vacation of a access rights easement and is consistent with the General Plan circulation designation and applicable General Plan policies, as well as applicable Millennium Palm Desert Specific Plan and regulations. The project site has been previously graded and has no value as a habitat for endangered, rare, or threatened species. Project approval would not result in the possibility of significant cumulative impacts upon the environment. The site is adequately served by all required utilities and public services. Furthermore, none of the exceptions to the use of the Class 5 categorical exemption identified in State CEQA Guidelines Section 15300.2 apply. The Project is not located in a particularly sensitive environment and will not impact an environmental resource of hazardous or critical concern. It is situated adjacent to an approved multifamily development. The Project will not result in a cumulative impact from successive Projects of the same type in the same place, over time. There are no unusual circumstances surrounding the Project that result in a reasonably possibility of a significant effect on the environment. The Project will not damage scenic resources, including trees, historic buildings, rock outcroppings, or similar resources. The Project does not include any hazardous waste sites, and the Project will not cause a substantial adverse change in the significance of a historical resource. Thus, the Class 5 exemption applies, and no further environmental review is required. 10. Lead Agency Contact Person: Nick Melloni, Senior Planner Telephone: (760) 776-6479 11. If filed by applicant: Attach Preliminary Exemption Assessment (Form “A”) before filing. 12. Has a Notice of Exemption been filed by the public agency approving the project? Yes No 13. Was a public hearing held by the lead agency to consider the exemption? Yes No If yes, the date of the public hearing was: 12/15/2022 Signature:__________________________________ Date:_______________ Title:__________________________ Signed by Lead Agency Signed by Applicant Date Received for Filing: Item 3D-16 Notice of Exemption FORM “B” (Clerk Stamp Here) Authority cited: Sections 21083 and 21100, Public Resources Code. Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. Item 3D-17 Item 3D-18 Item 3D-19 Item 3D-20 CITY OF PALM DESERT STAFF REPORT MEETING DATE: December 15, 2022 PREPARED BY: Richard D. Cannone, AICP, Development Services Director REQUEST: RESOLUTION TO CONSIDER REVOCATION OF BUSINESS LICENSE CERTIFICATE NO. 13709873 FOR THE SWEET SPOT CLUB LOCATED AT 73338 HIGHWAY 111, #O, PALM DESERT PURSUANT TO PALM DESERT MUNICIPAL CODE § 5.04.160 RECOMMENDATION: 1. Find that this report, including attachments, and any additional evidence provided at the hearing, provides satisfactory evidence to determine that: A. Good and sufficient reasons have been provided to revoke the Sweet Spot Club’s business license to preserve the peace, health, safety, or general welfare of the city. B. The Sweet Spot Club violated city and state laws. C. The Sweet Spot Club is conducting a business other than that for which it is licensed. 2. Adopt a resolution revoking Business License Certificate No. 13709873 for the Sweet Spot Club located at 73338 Highway 111, #O, Palm Desert, and making findings in support thereof (see Attachment 1). BACKGROUND/EVIDENCE: Conditional Use Permit (CUP): On August 15, 2017, the Planning Commission adopted Resolution No. 2707 (see Attachment 2), approving a CUP for Private Members Only Social Business Club with 25 conditions of approval. The applicant included a Statement of Use (see Attachment 3) and a floor plan (see Attachment 4) for the private club as part of their CUP application. A Certificate of Occupancy was issued on July 18, 2022. California Secretary of State - Statement of Information: The California Secretary of State’s website provides access to available information for corporations, limited liability companies, and limited partnerships of record. The Statement of Information filed on October 18, 2021 (see Attachment 5), for the Sweet Spot, LLC, lists Social Club as the type of business and Mr. Abraham Gottlieb as the Chief Executive Officer. California Department of Alcohol Beverage Control (ABC) License: On August 11, 2021, ABC licensing staff raised a concern with City staff due to the CUP approval for a private club and the applicant intending to operate the business as being open to the general public. City staff responded that “the property is zoned ‘Downtown,’ which allows for this type of establishment, and the City supports the project being open to the general public.” On October 28, 2022, the Development Services Director sent a letter to ABC (see Attachment 6) clarifying that the email sent in August 2021 was incorrect. Item 3E-1 City of Palm Desert Sweet Spot Business License Certificate Revocation Page 2 of 8 On August 24, 2021, the Sweet Spot, LLC, was issued a Type 48 License for the business Sweet Spot Café at 73338 Highway 111, Palm Desert (see Attachment 7). This type of license is an “open to the public establishment,” which corresponds to a bar use, not a private club. Business License/Certificate of Use: On July 13, 2022, the Sweet Spot Club, LLC, applied for a business license certificate/certificate of use for a membership-only private club at 73338 Highway 111, #O, Palm Desert, with www.sweetspotclub.net listed as the business’s website (see Attachment 8). Additionally, the application indicates that no live entertainment will be provided. On July 13, 2022, the City issued Business License No. 13709873 (see Attachment 9) to the Sweet Spot Club for a Private Membership Club, consistent with the approved CUP. Recent Media Coverage: The Desert Sun, on October 26, 2022, published an article entitled “Sweet Spot, a hostess bar and ‘gentlemen's social club,’ opens in Palm Desert” (see Attachment 10). Mr. Gottlieb is interviewed in the article and described the business as a “hostess club” common in parts of east Asia, where young women, known as hostesses, are employed “to chat with customers who buy them drinks, the proceeds of which are split between the hostess and the bar.” The article also stated that Mr. Gottlieb “said drinks ordered for the hostesses at the Sweet Spot will be champagne cut with water, a standard practice at similar clubs in Asia to avoid workers getting drunk on the job. In addition to buying the hostesses drinks, Mr. Gottlieb said the members will be expected to tip the women for their time.” The article further states that the Sweet Spot will be a social club where members can also meet and spend time with friends, play cards, and even hold business meetings. Additionally, the article also describes the business as having a massage room, card room, and cigar room planned to open in three (3) months. On November 9, 2022, PR Newswire posted a news release entitled “Sweet Spot Club Now Open in Palm Desert” (see Attachment 11). The release describes the Sweet Spot Club as “the newest luxury social club located in Palm Desert, California. Serving as a one-of-a-kind desert escape, the 4,000-square-foot private social club offers members exclusive access to an upscale cocktail bar and lounge, luxury card room, fully-equipped office and conference rooms, wellness space for professional massages, and a dedicated sports room with large TV screens and reclining leather chairs. Sweet Spot club is private membership-only, and prospective members can apply online. For more information, please visit www.sweetspotclub.net.” Cease and Desist Letter: On November 9, 2022, the City Attorney’s Office issued a Cease-and-Desist Letter (see Attachment 12) to the Sweet Spot, LLC, listing the violations of the CUP conditions, in addition to operating in violation of the current business license and the Palm Desert Municipal Code (PDMC). The letter outlined the following corrective actions: 1. Immediately cease and desist the unpermitted accessory uses, including massage, cardroom use, and cigar lounge. All smoking in unenclosed areas must cease. Remove all references, including photos, on your website. The cardroom use, cigar lounge use, and smoking will not be permitted unless you obtain City Council approval and/or modification to the CUP. 2. On or before Monday, November 14, 2022, pay the remaining parking mitigation fee. Item 3E-2 City of Palm Desert Sweet Spot Business License Certificate Revocation Page 3 of 8 3. On or before Monday, November 14, 2022, obtain an ABC license consistent with a private club use. 4. Within one (1) day of completing action item (1) above, acknowledge receipt of this letter and compliance with the cease-and-desist demand in writing, signed by you, which reflects that all unlawful business operations have ceased. Meeting with Sweet Spot LLC: On November 10, 2022, City staff met with Mr. Gottlieb regarding the cease-and-desist letter. Staff outlined two options for compliance regarding the CUP/Business License and ABC License inconsistency: 1. Amend the existing CUP changing the use from a Private Business Club to a Bar/Lounge use which would require a public hearing and approval by the Planning Commission, or 2. Obtain a Type 57 ABC license so the ABC license is consistent with the approved conditional use/business license. Mr. Gottlieb stated that he did not want to go through the public hearing process and stated he would obtain the Type 57 license. Staff also returned a CUP application/check Mr. Gottlieb had recently submitted for The Sweet Spot Cigar Lounge as it was incomplete, in addition to the use being prohibited. Included as Attachment 13 is the preliminary floor plan submitted, which describes the existing use as a Night Club and provides direct access between the Sweet Spot Club and the proposed Sweet Spot Cigar Lounge. Staff provided a follow-up email summarizing the next steps from that meeting (see Attachment 14), which included the following: 1. You will not allow any massage therapy or related therapy and card room use immediately. 2. You are not operating a cigar lounge or allowing smoking on-site and will continue to do so. 3. You will pay the remaining balance of $50,334 by the close of business on Monday, November 14, 2022. 4. You will obtain a Type 57 license from ABC by the close of business on Monday, November 14, 2022. While you indicated you would like the City to grant an extension on this requirement, I want to make it clear we will not grant an extension or change our position. 5. You will provide a written response, as requested in the November 9 cease and desist letter, by the end of the day today that includes your signature on letterhead and sent to me via email. 6. We will send you an application to submit to staff to request City Council grant you an exception to the prohibition of smoking in enclosed areas, should you wish to move forward with a Cigar Lounge at a separate location. If City Council grants that exception, you will need to apply for a CUP that requires Planning Commission approval. Compliance/Noncompliance with Corrective Actions: On November 10, 2022, Mr. Gottlieb provided a response letter as required by corrective action No. 4 (see Attachment 15). The response letter provided the following: Item 3E-3 City of Palm Desert Sweet Spot Business License Certificate Revocation Page 4 of 8 1.Alcohol License: We will submit the application to correct the license to 57 to be a private club use. 2.Unpermitted Accessory uses: A.Massage establishment: This operation will be removed immediately. B.Cardroom: We don’t have a cardroom, it’s a game room, members come to play bridge, domino, pokers… with friends/other members, there’s no dealer present. C.Cigar Lounge: Cigar Lounge is a separate entity, in a separate location, has nothing to do with Sweet Spot Club, there’s no door or entry in between the two (2) establishments. 3.Prohibition of Smoking: Smoking is prohibited in our location. 4.Parking Mitigation Fee: It was a misunderstanding, we had paid over $100,000 with the construction loan, we thought it was paid, we didn’t realize half of it was the permit fee and half was the parking fee, we will pay the balance of $50,334 by Monday. Suspension of Business License: On November 18, 2022, the City Manager suspended the business license for the Sweet Spot (see Attachment 16), pursuant to PDMC § 5.04.160(C) to preserve the peace, health, safety, or general welfare of the City and for their failure to comply with the following corrective actions outlined in the November 9, 2022, cease and desist letter: 1.Immediately remove all references, including photos, on your website for the unpermitted accessory uses. The Sweet Spot website on November 18, 2022, displayed the following: •The description on the ‘landing page’ advertising “an attached warm beautiful cigar room.” •Images of the massage table and the ability to make a reservation for a massage through the website. •Images of a card table depicting what appears to be a blackjack dealer pulling cards from a shoe and the ability to reserve a card table through the website. These images were still visible, and the ability to reserve a card table was still available on November 21, 2022, and November 30, 2022. •Ability to reserve a poker table through the website. This option was still available on November 21, 2022, and November 30, 2022. Staff has included screenshots of these items in Attachment 17. 2.Obtain an ABC license consistent with a private club use on or before Monday, November 14, 2022. Staff received confirmation from the ABC Licensing Manager that as of 9:40 a.m. on November 17, 2022, they have not received an application from Sweet Spot Club, LLC, for a Type 57 license (see Attachment 18). Response and Meeting with Sweet Spot, LLC, Regarding Suspension: On November 18, 2022, Sweet Spot, LLC, provided an email response to the suspension letter (see Attachment 19) stating that Sweet Spot Club is complying and that they have already applied to ABC Item 3E-4 City of Palm Desert Sweet Spot Business License Certificate Revocation Page 5 of 8 for the Type 57 license and that the website shows ‘under construction,’ the club will be closed for now. On November 21, 2022, City staff met with Mr. Gottlieb and Club Manager Mr. Joe Tufaro regarding the suspension. At that meeting, Mr. Gottlieb and Mr. Tufaro stated that they had submitted the ABC application to change to a Type 57 license and that the cigar lounge is a separate entity and could not understand why staff would think it was attached. Additionally, Mr. Gottlieb stated at that meeting the cigar lounge was not part of the Sweet Spot Club, was separated by a wall, and had no direct access. He also stated he was being treated unfairly and could not understand where staff came up with the idea that the proposed cigar lounge was incorporated as part of the Sweet Spot Club. However, as stated above and provided in Attachment 13, the preliminary floor plan submitted for the Sweet Spot Cigar Lounge integrated the two uses. As a follow-up to that meeting, Sweet Spot, LLC, sent an email on November 21, 2022, stating that they have complied with the corrective actions, the only item pending was the ABC license, and the cigar lounge was to be a separate entity and separate location (see Attachment 20). On November 22, 2022, staff received a follow-up email from ABC (see Attachment 21) confirming that they had not received any applications in the Palm Desert Office. On that same day, staff received an additional email from ABC stating that Mr. Tufaro had indicated that they submitted the application for the Type 57 license not to ABC but to Mr. Mike Brewer, a Riverside County ABC license consultant. However, as of the close of business on November 22, 2022, ABC had not received any application from either the Sweet Spot, LLC, or Mr. Brewer’s office (see Attachment 22). On November 23, 2022, staff sent a follow-up email (see Attachment 23) to Mr. Gottlieb informing him that ABC has confirmed that no application for the type 57 license has been received as of the close of business on November 22, 2022. Staff received confirmation from ABC on December 2, 2022, that an application for a Type 57 license was received. ABC Official Warning Notice: Mr. Mathew Hydar, Supervising Agent in Charge with ABC, provided staff with a copy of the Official Warning Notice (see Attachment 24) that ABC issued to the Sweet Spot Club, LLC, regarding the licensee of the Sweet Spot Café at 73338 Highway 111, Palm Desert. That warning notice outlines potential violations of their ABC license that involve the following: 1. An East Asian Hostess bar concept. 2. The service of alcoholic beverages to club members only. 3. Future plans to include a cigar bar and/or smoking lounge. Mr. Hydar also suggested that if their business plan specified a member-only clientele, a Type 57 ABC license would be more applicable. The letter indicated that the Sweet Spot Managing Director, Shaun Martin, had advised that the Sweet Spot Café would remain open to the public, but there would be performances, deals, and/or specials that would be offered to members for free or at discounted rates. Staff would like to note that the operation as described is not consistent with their Item 3E-5 City of Palm Desert Sweet Spot Business License Certificate Revocation Page 6 of 8 Statement of Use, as shown in Attachment 3, and the business license/certificate of use application indicating that live entertainment would not be provided. Revocation Standard: PDMC 5.04.160 states that City Council, after a hearing, may revoke a business license for: 1. What it may deem good and sufficient reasons in order to preserve the peace, health, safety, or general welfare of the city; or 2. Upon receiving satisfactory evidence that the licensee thereof has violated any provision of other laws relating to the city, county, state, and federal government; or is 3. Conducting a business other than that for which licensed. Findings of Fact: To revoke a business license, the City Council must find that one or more of the above has occurred. This report recommends that City Council revoke Business License No. 13709873 for the Sweet Spot Club immediately based on the following: 1. City Council must revoke the Sweet Spot Club’s business license to preserve the peace, health, safety, or general welfare of the city. Findings of Fact: A. The business licensee violated the CUP conditions of approval as described above and attached. 2. Upon receiving satisfactory evidence that the licensee thereof has violated any provision of other laws relating to the city, county, state, and federal government. Findings of Fact: A. The business cannot operate or offer massages. Providing massage services requires a license pursuant to PDMC §5.87.050. B. The business violated California ABC law and the Rules and Regulations of the Department as outlined in the November 4, 2022, Official Warning Notice. 3. Conducting a business other than that for which licensed. Findings of Fact: A. The business is operating as a bar open to the public and not a private club. B. The business is licensed as the Sweet Spot Club; however, the ABC license is for the Sweet Spot Café. • Secretary of State LLC Filing lists the business as Social Club. • CUP was for Private Members Only Social Business Club. • Business License Certificate issued is for a Private Membership Club. • ABC license issued to the Sweet Spot Café, as being open to the general public. Item 3E-6 City of Palm Desert Sweet Spot Business License Certificate Revocation Page 7 of 8 C. The business offers/offered massage therapy services. D. The business allows for the reservation of gaming tables, card tables, and poker tables. Staff Recommendation: 1. City Council finds that this report, including attachments, and any additional evidence provided at the hearing, provides satisfactory evidence to determine that: A. Good and sufficient reasons have been provided to revoke the Sweet Spot Club’s business license to preserve the peace, health, safety, or general welfare of the city. B. The Sweet Spot Club violated city and state laws. C. The Sweet Spot Club is conducting a business other than that for which it is licensed. 2. Adopt a resolution revoking Business License Certificate No. 13709873 for the Sweet Spot Club located at 73338 Highway 111, #O, Palm Desert, and make findings in support thereof (see Attachment 1). FINANCIAL IMPACT: There is no direct fiscal impact associated with this action. REVIEWED BY: Department Director: Richard D. Cannone, AICP City Manager: Todd Hileman ATTACHMENTS: 1. Draft City Council Resolution No. 22-___ 2. Planning Commission Resolution No. 2707 3. Sweet Spot Club Statement of Use 4. Sweet Spot Club CUP Floor Plan 5. California Secretary of State – LLC Statement of Information dated October 18, 2021 6. Letter to ABC clarifying use dated October 28, 2022 7. ABC Type 48 License No 604131 Issued August 24, 2021 8. Business License Certificate/Certificate of Use Application Submitted July 13, 2022 9. Business License Certificate No. 13709873 Issued July 13, 2022 10. The Desert Sun Article Published October 26, 2022 11. PR Newswire Article dated November 9, 2022 12. Cease and Desist Letter dated November 9, 2022 13. Sweet Spot Cigar Lounge Floor Plan 14. Email to Sweet Spot dated November 10, 2022, Summarizing the Next Steps 15. Sweet Spot Corrective Action Response Letter dated November 10, 2022 16. Suspension Letter dated November 18, 2022 17. Sweet Spot Website Screenshots 18. ABC Email dated November 17, 2022, Confirming No Application 19. Sweet Spot Suspension Letter Email Response dated November 18, 2022 20. Sweet Spot Email dated November 21, 2022 21. ABC Email dated November 22, 2022 22. ABC Email (No. 2) dated November 22, 2022 23. Follow up email to Sweet Spot dated November 22, 2022 Item 3E-7 City of Palm Desert Sweet Spot Business License Certificate Revocation Page 8 of 8 24. ABC Official Warning Notice dated November 4, 2022 Item 3E-8 RESOLUTION NO. 2022-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REVOKING BUSINESS LICENSE CERTIFICATE NO. 13709873 FOR THE SWEET SPOT CLUB LOCATED AT 73338 HIGHWAY 111, #O, PALM DESERT, AND MAKING FINDINGS IN SUPPORT THEREOF WHEREAS, on August 15, 2017, the City of Palm Desert Planning Commission adopted Resolution No. 2707, approving a Conditional Use Permit (“CUP”) for Private Members Only Social Business Club with 25 Conditions of Approval to be located at 73338 Highway 111, #O Palm Desert, California; and WHEREAS, the Statement of Information filed on October 18, 2021, with the California Secretary of State by the Sweet Spot, LLC (“Business Owner”), located at 73338 Highway 111, #O Palm Desert, California, lists Social Club as their type of business; and WHEREAS, after applying to the California Department of Alcohol Beverage Control (“ABC”), ABC issued a Type 48 License, which corresponds to a bar use, not a private club, to the Business Owner for the business Sweet Spot Café (“ABC Licensed Business”) at 73338 Highway 111, Palm Desert; and WHEREAS, on July 13, 2022, the Business Owner applied for a business license certificate with the City of Palm Desert (“City”) for the business Sweet Spot Club for a Private Membership Club; and WHEREAS, on July 13, 2022, the City approved and issued Business License No. 13709873 (“Business License”) for the Sweet Spot Club (“City Licensed Business”) as a Private Membership Club, consistent with the approved CUP; and WHEREAS, on November 9, 2022, the City Attorney’s Office issued a Cease and Desist Letter (“C&D Letter”) to the Business Owner listing the violations of the CUP conditions, in addition to operating in violation of the current business license and the Palm Desert Municipal Code (“PDMC”); and WHEREAS, the C&D letter provided corrective actions with specified dates of compliance, which the Business Owner failed to meet; and WHEREAS, on November 18, 2022, the City of Palm Desert City Manager suspended the Business License pursuant to PDMC § 5.04.160(C) to preserve the peace, health, safety, or general welfare of the city and for the failure to comply with the corrective actions outlined in the C&D Letter; and WHEREAS, pursuant to California Constitution Article XI, § 7, and Chapter 5.04 of the PDMC, the City Council, is authorized to revoke the Business License; and WHEREAS, on November 18, 2022, written notice of a revocation hearing scheduled for December 15, 2022, at 4:00 p.m. with City Council in the Council Chamber located at 73510 Fred Waring Drive, Palm Desert, was provided to the Business Owner pursuant to PDMC § 5.04.160(B); and Item 3E-9 Resolution No. 22-____ Page 2 WHEREAS, the City Council of the City of Palm Desert, California, did on the 15th day of December 2022, hold a duly noticed public hearing to consider the revocation of the Business License; and WHEREAS, all interested parties were afforded the opportunity to rebut the oral and written evidence that the applicant, City staff, presented in support of its position that revocation of the Business License was appropriate; and WHEREAS, members of the public were afforded an opportunity to testify regarding the revocation; and WHEREAS, the City Council carefully considered all information pertaining to the revocation, including the staff report and attachments, and all the information, evidence, and testimony presented at its public hearing on December 15, 2022, after which it exercised its independent judgment to revoke the Business License; and, WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred; and, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: SECTION 1. Recitals. The City Council hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution. SECTION 2. Supporting Evidence. The staff report and attachments and all the information, evidence, and testimony presented at the December 15, 2022, public hearing are incorporated hereto by reference. SECTION 3. Findings. Based on the Supporting Evidence presented to the City Council at the above-referenced public hearing on December 15, 2022, including the staff report with attachments and all information presented at the hearing in support of and in opposition to the revocation, the City Council makes its own findings as following in accordance with PDMC § 5.04.160(B). Finding Number 1: City Council must revoke the Sweet Spot Club’s business license to preserve the peace, health, safety, or general welfare of the city. A. The Business Owner violated the CUP Conditions of Approval, which results in good and sufficient reasons to revoke the Business License to preserve the peace, health, safety, or general welfare of the city Finding Number 2: Satisfactory evidence has been provided that the Business Owner has violated any provision of other laws relating to the city, county, state, and federal government. A. The business cannot operate or offer massages. Providing massage services requires a license pursuant to PDMC § 5.87.050. Item 3E-10 Resolution No. 22-____ Page 3 B. The business violated California ABC law and the Rules and Regulations of the Department as outlined in the November 4, 2022, Official Warning Notice. Finding Number 3. The City Licensed Business is conducting a business other than that for which licensed. A. The business is operating as a bar open to the public and not a private club. B. The business is licensed as the Sweet Spot Club; however, the ABC license is for the Sweet Spot Café. C. The business offers/offered massage therapy services. D. The business allows for the reservation of gaming tables, card tables, and poker tables. SECTION 4. Based upon the findings set forth in Sections 1, 2, and 3 of this Resolution, the City Council revokes the Business License effective immediately. SECTION 5. This decision of the City Council is final and binding upon approval of this Resolution. A copy of this certified Resolution will be transmitted to the interested parties by first-class mail. Interested parties may seek judicial review of this decision. Pursuant to Code of Civil Procedure Section 1094.6, any petition to the court must be filed no later than the 90th day from the date on which this decision became final. SECTION 6. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at the City’s office at 73510 Fred Waring Drive, Palm Desert, CA 92260. Anthony J. Mejia, MMC, the City Clerk of the City of Palm Desert is the custodian of the record of proceedings. SECTION 7. Execution of Resolution. The Mayor signs this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof. ADOPTED ON December 15, 2022. JAN C. HARNIK MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK Item 3E-11 Resolution No. 22-____ 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 December 15, 2022, 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 __________________. ANTHONY J. MEJIA CITY CLERK Item 3E-12 Item 3E-20 Item 3E-21 Item 3E-22 Item 3E-23 LLC-12 Secretary of State Statement of Information (Limited Liability Company) IMPORTANT — Read instructions before completing this form. Filing Fee – $20.00 Copy Fees – First page $1.00; each attachment page $0.50; Certification Fee - $5.00 plus copy fees This Space For Office Use Only 1. Limited Liability Company Name (Enter the exact name of the LLC. If you registered in California using an alternate name, see instructions.) 2. 12-Digit Secretary of State File Number 3. State, Foreign Country or Place of Organization (only if formed outside of California) 4. Business Addresses a. Street Address of Principal Office - Do not list a P.O. Box City (no abbreviations) State Zip Code b. Mailing Address of LLC, if different than item 4a City (no abbreviations) State Zip Code CA _____________________ Date ____________________________________________________________ Type or Print Name of Person Completing the Form _________________________ Title __________________________________ Signature c. Street Address of California Office, if Item 4a is not in California - Do not list a P.O. Box City (no abbreviations) State Zip Code If no managers have been appointed or elected, provide the name and address of each member. At least one name and address must be listed. If he manager/member is an individual, complete Items 5a and 5c (leave Item 5b blank). If the manager/member is an en ity, complete Items 5b and 5c (leave Item 5a blank). Note: The LLC cannot serve as its own manager or member. If the LLC has additional managers/members, enter the name(s) and addresses on Form LLC-12A (see instructions). 5. Manager(s) or Member(s) a. First Name, if an individual - Do not complete Item 5b Middle Name Last Name Suffix b. Entity Name - Do not complete Item 5a c. Address City (no abbreviations) State Zip Code 6. Service of Process (Must provide either Individual OR Corporation.) INDIVIDUAL – Complete Items 6a and 6b only. Must include agent’s full name and California street address. a. California Agent's First Name (if agent is not a corporation) Middle Name Last Name Suffix b. Street Address (if agent is not a corporation) - Do not enter a P.O. Box City (no abbreviations) State CA Zip Code CORPORATION – Complete Item 6c only. Only include the name of the registered agent Corporation. c. California Registered Corporate Agent’s Name (if agent is a corporation) – Do not complete Item 6a or 6b 7. Type of Business a. Describe the type of business or services of the Limited Liability Company 8. Chief Executive Officer, if elected or appointed a. First Name Middle Name Last Name Suffix b. Address City (no abbreviations) State Zip Code 9. The Information contained herein, including any attachments, is true and correct. Return Address (Optional) (For communication from the Secretary of State related to this document, or if purchasing a copy of the filed document enter the name of a person or company and the mailing address. This information will become public when filed. SEE INSTRUCTIONS BEFORE COMPLETING.) Name: Company: Address: City/State/Zip: LLC-12 (REV 01/2017) 2017 California Secretary of State www sos ca.gov/business/be 21-F38372 FILED In the office of the Secretary of State of the State of California OCT 18, 2021 SWEET SPOT CLUB LLC 201515310237 CALIFORNIA 92260 CA 91792 92260 CA73338 Highway 111 Palm Desert 2707 E Valley Blvd #302 West Covina 73338 Highway 111 Palm Desert Gottlieb Tarzana 18325 Domino St Tarzana 91335 Abraham 18325 Domino St 91335 CA GottliebAbraham Gottlieb Tarzana Social Club Abraham 18325 Domino St CA 91335 10/18/2021 Angela Lin CFO Page 1 of 2 Item 3E-24 October 28, 2022 SENT VIA EMAIL donna.hogan@abc.ca.gov Ms. Donna Hogan Licensing Representative II Department of Alcoholic Beverage Control 34-160 Gateway Drive, Suite 120 Palm Desert, CA 92211 Subject: Sweet Spot Club (73-338 Highway 111) – Conditional Use Approval Dear Ms. Hogan: It was a pleasure speaking with you today regarding the subject business. Thank you for sending a copy of the August 11, 2021 email (attached) staff provided to you regarding your requested clarification of the use. I have reviewed the email and wanted to let you know the email sent by staff is incorrect. The Conditional Use approval you initially received (Planning Commission Resolution No. 2707) is correct, the Sweet Spot (Desert Social Business Club) was approved as a Private Members Only Social Business Club. I have also attached a copy of the current business license for the Sweet Spot Club that lists their use as a Private Membership Club. Please let us know if you have any questions or need anything further. Sincerely, Richard D. Cannone, AICP, Director Development Services Department CC: Rosie Lua, Deputy Director of Development Services Department Pedro Rodriguez, Code Compliance Supervisor Attachment(s) Item 3E-26 Item 3E-27 10/27/22, 9:13 AM License Details | Alcoholic Beverage Control https://www.abc.ca.gov/licensing/license-lookup/single-license/?RPTTYPE=13&ADDRESS=73338+highway+111&CITY=PALM+DESERT 2/3 48 - ON-SALE GENERAL PUBLIC PREMISES License Type Status: ACTIVE Status Date: 25-AUG-2021 Term: 12 Month(s) Original Issue Date: 24-AUG-2021 Expiration Date: 31-JUL-2023 Master: Y Duplicate: 0 Fee Code: P40 Transfers: From License Number: 47-521090 Transferred On: 24-AUG-2021 OPERATING RESTRICTIONS: Entertainment provided shall not be audible beyond the area under the control of thelicensee(s) as depicted on the most recently certified ABC-257. No alcoholic beverages shall be consumed on any property adjacent to the licensedpremises under the control of the licensee(s) as depicted on the most recently certifiedABC-257 and ABC-253. The petitioner(s) shall be responsible for maintaining free of litter the area adjacent tothe premises over which they have control as depicted on the most recently certifiedABC-257 and ABC-253. Petitioner(s) shall actively monitor the area under their control in an e ort to prevent theloitering of persons on any property adjacent to the licensed premises as depicted on themost recently certified ABC-253. Sales, service and consumption of alcoholic beverages shall be permitted between thehours of 9:00AM TO 12:00AM each day of the week. DISCIPLINARY ACTION: No Active Disciplinary Action found DISCIPLINARY HISTORY: No Disciplinary History found. HOLDS: No Active Holds found Item 3E-30 10/27/22, 9:13 AM License Details | Alcoholic Beverage Control https://www.abc.ca.gov/licensing/license-lookup/single-license/?RPTTYPE=13&ADDRESS=73338+highway+111&CITY=PALM+DESERT 3/3 ESCROWS: No Escrow found Item 3E-31 Item 3E-32 Item 3E-33 Item 3E-34 SWEET SPOT Hostess bar and ‘gentlemen’s social club’ opens in Palm Desert James B. Cutchin Palm Springs Desert Sun USA TODAY NETWORK Step inside the blacked out doors at 73 338 Highway 111 in Palm Desert and you’ll find yourself in a large cocktail lounge that feels a bit like a dance club. Adjoining rooms branch off from the space with an office for meetings, a card room, a TV lounge and a massage room Perhaps the most notable presence at the club’s Friday opening was the large group of young female employees attending to various tasks or simply standing and smiling at arriving visitors The Sweet Spot Club — which bills itself as a “luxury gentleman’s social club” — is nestled inconspicuously at the end of a long row of hair salons halfway between the boarded up Red Barn and Guns of Distinction. If you didn’t already know it was there, you’d be unlikely to stumble across it The business is one man’s take on the “hostess clubs” common in parts of East Asia. Such establishments employ teams of young women, known as hostesses, to chat with customers who buy them drinks, the proceeds of which are split between the hostess and the bar. “I saw that, in Asia, it’s very popular So I said, ‘Why not do one over here?’” said Abraham Gottlieb, the club’s founder. From ‘80s Playboy Clubs to “breastaurants” like Hooters and the shuttered Tilted Kilt, similar businesses with sexual overtones have a long history in America, largely untouched by the #MeToo movement in recent years See SWEET SPOT, Page 8A Continued from Page 1A Unlike the hostess clubs of Asia, Sweet Spot also purports to be a social club where members can meet and spend time with friends, play cards and even hold business meetings “If he wants to see a basketball game, or if he wants to just have a friend come from out of town and he wants to have an hour [of] drinks with him, or if you have four friends and you decide you want to play every Thursday bridge,” Gottlieb said, describing use cases for the club. “It’s members only, so people can have quality members of your class,” to spend time with, he added. The club’s criteria for membership are somewhat vague, although age is a decisive factor “I want to target people that are 50 and up. I don’t want any youngsters,” Gottlieb said. Membership prices which run $3,500 per year are set to winnow down the pool Gottlieb said women are welcome to become members but he anticipates the clientele will be mostly male He said he anticipates a slightly larger proportion of female members perhaps up to 40% — after the club’s planned cigar lounge opens in approximately three months. Item 3E-36 “I usually go once a week to the Havana club (Grand Havana Room) in Beverly Hills to smoke cigar,” Gottlieb said in accented English. “I want you to know that lately, a lot of ladies enjoy to smoke cigar” The club’s first100 members will get a one-time discounted annual membership of $3,000, according to Gottlieb, who said that about 20 had signed on as of Friday “Believe it or not, there is about six ladies that call to do [membership inquiries] for their husband,” said Gottlieb, who said he guessed this was because the wives want to “also have two, three hours of quality time to throw [their husbands] out of the house.” Gottlieb, a Los Angeles based real estate developer, said the Sweet Spot Club was more of a side project than a core business venture for him — although public records indicate he has been working on it for many years He said the idea of piloting his American hostess club concept in the desert came to him while his company was building a gated community in the City of Coachella Public records indicate one of Gottlieb’s companies owned the property for the “Villas at the Vineyard’s” community in Coachella east of Dillon Road and still owns several large adjacent plots of land that Gottlieb said he plans to turn into an apartment complex and a hotel. Property records show a company registered to Gottlieb called Sweet Spot Club LLC purchased Sweet Spot’s Highway 111 location in 2015. It was transferred to another company affiliated with Gottlieb two years later, and saw foreclosure proceedings initiated in early 2020 although those were later canceled after the company paid off its creditors. When asked why it took seven years to get the concept off the ground, Gottlieb pointed to a combination of business licensing issues and pandemic impacts. “Palm Desert, it’s a very conservative city,” Gottlieb said “It took us two years to go to planning commissioner, this [other] commissioner, neighborhood meeting, everything to get the approval,” he said The club owner said construction began in 2018, but was delayed due to a parking lot expansion behind the building When COVID hit, Gottlieb said construction was further delayed, leading to a defaulted construction loan and the later-resolved foreclosure notice. When asked if the club’s hostesses would be providing any services other than waiting tables and talking with guests, Gottlieb laughed and said they would not, suggesting most men of club members’ age would likely just want someone to complain about their wives to “It’s like [a] chatting place to forget from life,” Gottlieb said. “And you know and I know that usually most of the 60 to 70 years old [men], when they see a beautiful lady, his imagination starts working. And then if you have a host that he likes, he’s coming twice a week just to talk to her.” Gottlieb said drinks ordered for the hostesses at Sweet Spot will be champagne cut with water a standard practice at similar clubs in Asia to avoid workers getting drunk on the job. In addition to buying the hostesses drinks, Gottlieb said the members will be expected to tip the women for their time. The massage room, located away from the main space through a door at the end of the card room, will be available for members to book sessions with a dedicated professional masseuse, according to Gottlieb The club owner said none of the hostesses or other staff would be involved in the massages. Item 3E-37 The bar menu includes standard cocktails such as an old fashioned and an espresso martini, as well as a few less-common items such as the aptly-named “Honey Pot,” a mix of Scotch, lemon, honey and bitters (spy novel fans may note that a honeypot is an espionage technique in which a female operative uses romance and/or sex to compromise a typically male target). Food options include caviar, shrimp cocktails, artisanal cheese plates and salmon crudo Membership fees include only access to the space and the ability to book areas such as the office or card room for private use, meaning you’ll be on the hook for your caviar and $20 whiskey sour Hours will initially run from 11 a.m. to 10 p.m. daily, although closing time will be pushed to midnight once the club is fully established, according to Gottlieb The club owner said he plans to add 1,000 members within the first year and eventually up to 5,000 When asked if that would entail an expansion of the Palm Desert space, Gottlieb said it would not, but noted that such success could lead to new Sweet Spot locations across the country. “I’m gonna do it in Beverly Hills,” he said with a grin, “and then Miami!” James B. Cutchin covers business in the Coachella Valley. Reach him at james cutchin@desertsun com SWEET SPOT from page A1 to A8 Autumn Martino mixes a drink at Sweet Spot Club in Palm Desert on Oct. 21. PHOTOS BY JAY CALDERON/THE DESERT SUN The bar and main room at the newly opened Sweet Spot Club in Palm Desert. Item 3E-38 Copyright © 2022, The Desert Sun. All rights reserved. Use of this site signifies your agreement to the Terms of Service and Privacy Policy, updated March 2009. 10/26/2022 Powered by TECNAVIA Copyright © 2022, The Desert Sun. All rights reserved. Use of this site signifies your agreement to the Terms of Service and Privacy Policy, updated March 2009. 10/26/2022 A couple of the alcoholic drinks available at Sweet Spot Club in Palm Desert, Oct. 21. JAY CALDERON/THE DESERT SUN Wednesday, 10/26/2022 Page .A01 Item 3E-39 Additionally, Sweet Spot Club tapped Edward Tarango as Executive Chef to develop a curated food menu of signature appetizers including Tsar Nicolai "Reserve" Caviar, Salmon Crudo, Cheese and Charcuterie Plates and more. Veronica Houser was named Sweet Spot Club's Mixologist, who concocted a hand-crafted classic and specialty cocktail menu with signature drinks such as a Whiskey Sour, Avocado Margarita, Espresso Martini, and Paper Plane, as well as a selection of wines. Sweet Spot Club is located at 73338 Highway 111, Palm Desert, California and will be open daily exclusively to members and their guests from 11 a.m. to 11 p.m. For additional details on Sweet Spot Club and to inquire about a potential membership, please visit www.sweetspotclub.net or contact (442) 227-4488. About Sweet Spot Club The Sweet Spot Club is the newest luxury social club located in Palm Desert, California. Serving as a one-of-a-kind desert escape, the 4,000 square-foot private social club offers members exclusive access to an upscale cocktail bar and lounge, luxury card room, fully equipped of ce and conference rooms, wellness space for professional massages, and a dedicated sports room with large TV screens and reclining leather chairs. Sweet Spot club is private membership-only, and prospective members can apply online. For more information, please visit www.sweetspotclub.net. Media Contacts: Taylor Ratkiewicz 348383@email4pr.com 281.300.7583 Aimee Tiberi 348383@email4pr.com 708.567.4449 SOURCE Sweet Spot Club Item 3E-42 Item 3E-43 Bend OR (541) 382-3011 ndian Wells (760) 568-2611 rvine (949) 263-2600 Los Angeles (213) 617-8100 Ontario (909) 989-8584 18101 Von Karman Avenue, Su te 1000, Irv ne, CA 92612 Phone: (949) 263 2600 Fax: (949) 260 0972 www.bbk aw.com Riverside (951) 686-1450 Sacramento (916) 325-4000 San Diego (619) 525-1300 Walnut Creek (925) 977-3300 Washington DC (202) 785-0600 Denise Hansen (949) 263-2607 den se.hansen@bbk aw.com F e No. 72500.00010 November 9, 2022 VIA U.S. MAIL, FEDEX, EMAIL, HAND-DELIVERED SWEETSPOTCLUB888@GMAIL.COM Abraham Gottlieb Managing Partner Sweet Spot Club LLC 73338 Highway 111, #O Palm Desert, CA 92260 Re: Cease and Desist Unlawful Business Operations Sweet Spot Club 73338 Highway 111, #O, Palm Desert Dear Mr. Gottlieb: Our firm serves as the City Attorney for the City of Palm Desert (“City’). The City has become aware that Sweet Spot Club located at 73338 Highway 111, #O, Palm Desert is currently operating in violation of the Conditional Use Permit (“CUP”) and the Palm Desert Municipal Code (“PDMC”). The CUP you received for the Sweet Spot Club was for a Private Members Only Social Business Club. Additionally, you obtained a business license that lists your use as a Private Membership Club. Because of their unusual characteristics, conditional uses require special consideration so that they may be located properly with respect to the objectives of the zoning regulations and with respect to their effects on surrounding properties. To achieve these purposes, the Planning Commission imposed several conditions that must be met and maintained as part of your CUP. The CUP also states that you must be in compliance with all applicable city ordinance and state laws. Any violations of those conditions may result in the suspension or revocation of your CUP pursuant to PDMC §25.72.050(J). The Sweet Spot Club is currently in violation of the following CUP conditions: 1. Alcohol License According to ABC, you are licensed as an “open to the public establishment” which corresponds to a bar use, not a private club. Item 3E-44 Abraham Gottlieb November 9, 2022 Page 2 2. Unpermitted accessory uses a. Massage Establishment An accessory massage establishment is prohibited within the Downtown (D) Zoning District and an accessory massage use cannot be accessory to a private club or bar. b. Cardroom - No disclosure of a cardroom being offered in the CUP application. California Bureau of Gaming Control states a license is required c. Cigar Lounge the use is not included as part of the CUP. The application you submitted on October 6, 2022 to amend your CUP is considered incomplete as you have failed to provide payment for the environmental assessment, and description of use, among other items. The floor plan you provided as part of that application does not match the floor plan as part of the CUP, and you list the current area as a “Nightclub Use”. Also see prohibition of smoking below, which requires approval by City Council. 3. Prohibition of Smoking - Smoking is prohibited in the unenclosed areas of businesses. You must obtain an approval by City Council for an exception to the smoking prohibition pursuant to PDMC §8.36(A)(3). 4. Parking Mitigation Fee - Failed to pay $100,668 for the 12 parking spaces. To date, only $50,334 has been paid. Additionally, the Sweet Spot Club is operating in violation of the current business license and the PDMC, which may result in revocation or suspension of the license pursuant to PDMC §5.04.160. These violations include: 1. Business cannot operate or offer massages or a cigar lounge. Providing massage services requires a license pursuant to PDMC §5.87.050. 2. Violations of CUP conditions. 3. Operation of a card room, potential violation of California Bureau of Gaming Control, applicant did not disclose this on CUP application. A permit may be required by Bureau of Gaming Control. The City has the authority to pursue any and all methods of enforcement necessary to abate the nuisance and gain compliance with the PDMC, including revocation of the CUP and business license, criminal, or civil remedies. Item 3E-45 Abraham Gottlieb November 9, 2022 Page 3 YOU ARE HEREBY ORDERED TO COMPLETE THE FOLLOWING CORRECTIVE ACTIONS: 1) Immediately, cease and desist the unpermitted accessory uses, including massage, cardroom use, and cigar lounge. All smoking in unenclosed areas must cease. Remove all references, including photos, on your website. The cardroom use, cigar lounge use and smoking will not be permitted unless you obtain city council approval and/or modification to the CUP. 2) On or before Monday, November 14, 2022, pay the remaining parking mitigation fee. 3) On or before Monday, November 14, 2022, obtain an ABC license consistent with a private club use. 4) Within one (1) days of completing action item (1) above, acknowledge receipt of this letter and compliance with the cease and desist demand in writing, signed by you, which reflects that all unlawful business operations have ceased. Please be advised that the City reserves its right to invoke all available civil, criminal, and administrative remedies against responsible parties. Unless you comply with this notice, we will proceed with additional enforcement action without further warning or notice. If legal action is initiated due to your disregard of this demand, the City will seek an award of attorneys’ fees and investigative costs and imposition of penalties against you. Please give this matter your immediate attention. Should you have any questions, please contact Development Services Director Richard D. Cannone at rcannone@cityofpalmdesert.org or (760) 776-6438. Sincerely, Denise Hansen Director of Municipal Code Enforcement for BEST BEST & KRIEGER LLP cc: Todd Hileman, City Manager Richard D. Cannone, Development Services Director Robert Hargreaves, City Attorney 72500 000 0\40839835 Item 3E-46 From:Richard Cannone To:sweetspotclub; "Abraham Gottlieb" Cc:Rosie Lua; Pedro Rodriguez; Nikki Gomez Subject:RE: Sweet Spot Club – 73338 Highway 111 #O, Palm Desert Date:Thursday, November 10, 2022 3:24:00 PM Importance:High Mr. Gottlieb: Thank you for coming to meet with us today. While we discussed multiple options/scenarios, I want to make sure our direction moving forward is clear. 1. You will not allow any massage therapy or related therapy and card room use immediately. 2. You are not operating a cigar lounge or allowing smoking on site and will continue to do so. 3. You will pay the remaining balance of $50,334 by close of business on Monday, November 14, 2022. 4. You will obtain a Type 57 license from ABC by close of business on Monday, November 14, 2022. While you indicated you would like the city to grant on extension on this requirement, I want to make is clear, we will not grant an extension or change or position. 5. You will provide a written response as requested in the November 9th cease and desist letter by the end of the day today that includes your signature, on letterhead and sent to me via email. 6. We will send you an application to submit to staff to request City Council grant you an exception to the prohibition of smoking in enclosed areas, should you wish to move forward with a Cigar Lounge at a separate location. If City Council grants that exception, you will need to apply for a Conditional Use Permit that requires Planning Commission approval. Best regards, Richard Cannone, AICP Development Services Director Ph: 760.346.0611 Direct: 760.776.6438 rcannone@cityofpalmdesert.org From: sweetspotclub <s @gmail.com> Sent: Thursday, November 10, 2022 11:47 AM To: Richard Cannone <rcannone@cityofpalmdesert.org> Cc: 'Abraham Gottlieb' <a @aol.com> Subject: RE: Sweet Spot Club – 73338 Highway 111 #O, Palm Desert My partner will meet with you, his name is Avi Gottlieb, thank you very much and sorry for the short notice. From: Richard Cannone <rcannone@cityofpalmdesert.org> Sent: Thursday, November 10, 2022 11:46 AM To: sweetspotclub <s @gmail.com> Item 3E-49 Cc: Abraham Gottlieb <a @aol.com> Subject: Re: Sweet Spot Club – 73338 Highway 111 #O, Palm Desert Great! See you then Sent from my iPhone On Nov 10, 2022, at 11:42 AM, sweetspotclub <sweetspotclub888@gmail.com> wrote: Yes, perfect From: Richard Cannone <rcannone@cityofpalmdesert.org> Sent: Thursday, November 10, 2022 11:31 AM To: sweetspotclub <s @gmail.com> Cc: 'Abraham Gottlieb' <a @aol.com> Subject: RE: Sweet Spot Club – 73338 Highway 111 #O, Palm Desert Would 1:30 – 2:30 work? Richard Cannone, AICP Development Services Director Ph: 760.346.0611 Direct: 760.776.6438 rcannone@cityofpalmdesert.org From: sweetspotclub <s @gmail.com> Sent: Thursday, November 10, 2022 10:41 AM To: Richard Cannone <rcannone@cityofpalmdesert.org> Cc: 'Abraham Gottlieb' <a @aol.com> Subject: RE: Sweet Spot Club – 73338 Highway 111 #O, Palm Desert Actually anytime between 1-3 pm today, please let me know, thank you very much. From: sweetspotclub <s @gmail.com> Sent: Thursday, November 10, 2022 9:31 AM To: 'Richard Cannone' <rcannone@cityofpalmdesert.org> Cc: 'Abraham Gottlieb' <a @aol.com> Subject: RE: Sweet Spot Club – 73338 Highway 111 #O, Palm Desert Hi, Mr. Cannone, So sorry, I just saw this email… is it possible that my partner meet you around 1 pm? He has another appointment this morning and will drive over after that from LA. Thank you very much, Angela Lin Item 3E-50 626-674-3388 From: Richard Cannone <rcannone@cityofpalmdesert.org> Sent: Wednesday, November 9, 2022 7:43 PM To: sweetspotclub <s @gmail.com> Cc: 'Abraham Gottlieb' <a @aol.com> Subject: RE: Sweet Spot Club – 73338 Highway 111 #O, Palm Desert Good evening, I am available to meet tomorrow morning at city hall between 9:30 am and 11:00 am. Please let me know what time works best for you. Richard Cannone, AICP Development Services Director Ph: 760.346.0611 Direct: 760.776.6438 rcannone@cityofpalmdesert.org From: sweetspotclub <s @gmail.com> Sent: Wednesday, November 9, 2022 4:26 PM To: Richard Cannone <rcannone@cityofpalmdesert.org> Cc: 'Abraham Gottlieb' <a @aol.com> Subject: RE: Sweet Spot Club – 73338 Highway 111 #O, Palm Desert Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files. Hi, Mr. Cannone, We received the attached letter, our managing partner Abraham Gottlieb will like to come in to see you tomorrow, please let us know when is a good time. Thank you very much, Angela Lin 626-674-3377 Abraham Gottlieb 310-466-1066 From: Mary Halverson <Mary.Halverson@bbklaw.com> Sent: Wednesday, November 9, 2022 3:33 PM To: 'SWEETSPOTCLUB888@GMAIL.COM' <S 8@GMAIL.COM> Cc: Denise Hansen <Denise.Hansen@bbklaw.com> Subject: Sweet Spot Club – 73338 Highway 111 #O, Palm Desert Importance: High This email is sent on behalf of Denise Hansen. Should you have any problems opening the attachment, please contact me directly. Item 3E-51 73338 Hwy 111, Palm Desert, CA 92260 Tel: (424) 227-4488 November 10, 2022 Best Best & Krieger 18101 Von Karman Ave, #1000 Irvine, CA 92612 Hi, Denise: We have received your letter in regards to our business. Today we had a meeting with Mr. Richard Cannone, the Development Services Director, and addressed each item on your letter, here’s the summary of our discussion with Mr. Cannone: 1. Alcohol License we will submit the application to correct the license to 57 to be a private club use. 2. Unpermitted Accessory uses: a. Massage establishment - this operation will be removed immediately. b. Cardroom we don’t have a cardroom, it’s a game room, members come to play bridge, domino, pokers… with friends/other members, there’s no dealer present. c. Cigar Lounge Cigar Lounge is a separate entity, in a separate location, has nothing to do with Sweet Spot Club, there’s no door or entry in between the 2 establishments. 3. Prohibition of Smoking smoking is prohibited in our location. 4. Parking Mitigation Fee It was a misunderstanding, we had paid over $100,000 with the construction loan, we thought it was paid, we didn’t realize half of it was permit fee and half was the parking fee, we will pay the balance of $50,334 by Monday. We are complying with all the City, State, and Supporting Agencies Requirements. We will be temporarily closing bar operations and will continue to operate within the CUP Approved operations without any use of the liquor license and serve no liquor in violation of ABC guidelines until we have the proper ABC license in place. Sincerely, Abraham Gottlieb Item 3E-53 Item 3E-54 Item 3E-55 Item 3E-56 Bend OR (541) 382-3011 ndian Wells (760) 568-2611 rvine (949) 263-2600 Los Angeles (213) 617-8100 Ontario (909) 989-8584 18101 Von Karman Avenue, Su te 1000, Irv ne, CA 92612 Phone: (949) 263 2600 Fax: (949) 260 0972 www.bbk aw.com Riverside (951) 686-1450 Sacramento (916) 325-4000 San Diego (619) 525-1300 Walnut Creek (925) 977-3300 Washington DC (202) 785-0600 Denise Hansen (949) 263-2607 den se.hansen@bbk aw.com F e No. 72500.00010 November 9, 2022 VIA U.S. MAIL, FEDEX, EMAIL, HAND-DELIVERED SWEETSPOTCLUB888@GMAIL.COM Abraham Gottlieb Managing Partner Sweet Spot Club LLC 73338 Highway 111, #O Palm Desert, CA 92260 Re: Cease and Desist Unlawful Business Operations Sweet Spot Club 73338 Highway 111, #O, Palm Desert Dear Mr. Gottlieb: Our firm serves as the City Attorney for the City of Palm Desert (“City’). The City has become aware that Sweet Spot Club located at 73338 Highway 111, #O, Palm Desert is currently operating in violation of the Conditional Use Permit (“CUP”) and the Palm Desert Municipal Code (“PDMC”). The CUP you received for the Sweet Spot Club was for a Private Members Only Social Business Club. Additionally, you obtained a business license that lists your use as a Private Membership Club. Because of their unusual characteristics, conditional uses require special consideration so that they may be located properly with respect to the objectives of the zoning regulations and with respect to their effects on surrounding properties. To achieve these purposes, the Planning Commission imposed several conditions that must be met and maintained as part of your CUP. The CUP also states that you must be in compliance with all applicable city ordinance and state laws. Any violations of those conditions may result in the suspension or revocation of your CUP pursuant to PDMC §25.72.050(J). The Sweet Spot Club is currently in violation of the following CUP conditions: 1. Alcohol License According to ABC, you are licensed as an “open to the public establishment” which corresponds to a bar use, not a private club. Item 3E-57 Abraham Gottlieb November 9, 2022 Page 2 2. Unpermitted accessory uses a. Massage Establishment An accessory massage establishment is prohibited within the Downtown (D) Zoning District and an accessory massage use cannot be accessory to a private club or bar. b. Cardroom - No disclosure of a cardroom being offered in the CUP application. California Bureau of Gaming Control states a license is required c. Cigar Lounge the use is not included as part of the CUP. The application you submitted on October 6, 2022 to amend your CUP is considered incomplete as you have failed to provide payment for the environmental assessment, and description of use, among other items. The floor plan you provided as part of that application does not match the floor plan as part of the CUP, and you list the current area as a “Nightclub Use”. Also see prohibition of smoking below, which requires approval by City Council. 3. Prohibition of Smoking - Smoking is prohibited in the unenclosed areas of businesses. You must obtain an approval by City Council for an exception to the smoking prohibition pursuant to PDMC §8.36(A)(3). 4. Parking Mitigation Fee - Failed to pay $100,668 for the 12 parking spaces. To date, only $50,334 has been paid. Additionally, the Sweet Spot Club is operating in violation of the current business license and the PDMC, which may result in revocation or suspension of the license pursuant to PDMC §5.04.160. These violations include: 1. Business cannot operate or offer massages or a cigar lounge. Providing massage services requires a license pursuant to PDMC §5.87.050. 2. Violations of CUP conditions. 3. Operation of a card room, potential violation of California Bureau of Gaming Control, applicant did not disclose this on CUP application. A permit may be required by Bureau of Gaming Control. The City has the authority to pursue any and all methods of enforcement necessary to abate the nuisance and gain compliance with the PDMC, including revocation of the CUP and business license, criminal, or civil remedies. Item 3E-58 Abraham Gottlieb November 9, 2022 Page 3 YOU ARE HEREBY ORDERED TO COMPLETE THE FOLLOWING CORRECTIVE ACTIONS: 1) Immediately, cease and desist the unpermitted accessory uses, including massage, cardroom use, and cigar lounge. All smoking in unenclosed areas must cease. Remove all references, including photos, on your website. The cardroom use, cigar lounge use and smoking will not be permitted unless you obtain city council approval and/or modification to the CUP. 2) On or before Monday, November 14, 2022, pay the remaining parking mitigation fee. 3) On or before Monday, November 14, 2022, obtain an ABC license consistent with a private club use. 4) Within one (1) days of completing action item (1) above, acknowledge receipt of this letter and compliance with the cease and desist demand in writing, signed by you, which reflects that all unlawful business operations have ceased. Please be advised that the City reserves its right to invoke all available civil, criminal, and administrative remedies against responsible parties. Unless you comply with this notice, we will proceed with additional enforcement action without further warning or notice. If legal action is initiated due to your disregard of this demand, the City will seek an award of attorneys’ fees and investigative costs and imposition of penalties against you. Please give this matter your immediate attention. Should you have any questions, please contact Development Services Director Richard D. Cannone at rcannone@cityofpalmdesert.org or (760) 776-6438. Sincerely, Denise Hansen Director of Municipal Code Enforcement for BEST BEST & KRIEGER LLP cc: Todd Hileman, City Manager Richard D. Cannone, Development Services Director Robert Hargreaves, City Attorney 72500 000 0\40839835 Item 3E-59 Item 3E-60 Item 3E-61 Item 3E-62 Item 3E-63 Item 3E-64 Item 3E-65 Item 3E-66 Item 3E-67 Item 3E-68 Item 3E-69 Item 3E-70 The card room at Sweet Spot Club in Palm Desert, Calif., Oct. 21, 2022. JAY CALDERON/THE DESERT SUNItem 3E-71 Item 3E-72 Item 3E-73 Item 3E-74 Install the Palm Desert In Touch app to stay in touch with your community Android Apple Mobile Web Item 3E-81 From:sweetspotclub To:Richard Cannone Cc:Todd Hileman; Robert Hargreaves; "Denise Hansen"; "Abraham Gottlieb"; "Joe Tufaro" Subject:RE: Sweet Spot Club – 73338 Highway 111 #O, Palm Desert Date:Friday, November 18, 2022 5:42:33 PM Attachments:image001.png image009.png Hi, Richard, Thank you for forwarding this letter to me, our manager also received at the club. We are working on correcting the website, I already turned it off, but somehow, my computer still showing the site, maybe due to the cookie, on my phone which I never accessed the website, it shows ‘under construction’, the club will be closed for now. We submitted the app to correct the ABC license already, they said it would take time, no way to switch our license in a few days… We never intended to hide anything, we are complying with the requirement immediately: 1. Alcohol license – already submitted app to switch license to private club 2. Massage room – removed 3. Card room – it’s a room with 2 tables for guests to pay table games, no dealers 4. Cigar Lounge – a separate entity, not connected to the club, not opened yet 5. Prohibition of smoking – there’s no smoking in our club 6. Parking mitigation fee – already paid to the City and check was cashed Thank you very much & BRGS ~ Angela Lin 626-674-3388 73338 Hwy 111 Palm Desert, CA 92260 From: Richard Cannone <rcannone@cityofpalmdesert.org> Sent: Friday, November 18, 2022 2:58 PM To: sweetspotclub <s 8@gmail.com> Cc: Todd Hileman <thileman@cityofpalmdesert.org>; Robert Hargreaves <robert.hargreaves@bbklaw.com>; Denise Hansen <Denise.Hansen@bbklaw.com> Subject: Sweet Spot Club – 73338 Highway 111 #O, Palm Desert Importance: High Mr. Gottlieb: Please see attached letter from City Manager Todd Hileman. Richard Cannone, AICP Development Services Director Item 3E-82 Ph: 760.346.0611 Direct: 760.776.6438 rcannone@cityofpalmdesert.org www.cityofpalmdesert.org Install the Palm Desert In Touch app to stay in touch with your community Android Apple Mobile Web Item 3E-83 From:sweetspotclub To:Richard Cannone Cc:Todd Hileman; Robert Hargreaves; "Denise Hansen"; "Abraham Gottlieb"; "Joe Tufaro" Subject:RE: Sweet Spot Club – 73338 Highway 111 #O, Palm Desert Date:Monday, November 21, 2022 11:39:54 AM Attachments:image007.png image003.png Hi, Richard, Thank you very much for meeting with my partner Abraham, I’m sorry that he was a little emotional, because we are really good citizens, we complied with all your request, the only thing pending is ABC license, which we submitted the change as well, ABC said it will take some time due to the holidays… we spent a lot of money with PR and marketing companies, there are people wanting to sign up membership with us, please allow our business to remain opened, we won’t sell alcohol until the private club license is active. Ps. Cigar lounge is a separate entity, separate location, please email me the instruction and application. Thank you very much again. Angela Lin 626-674-3388 From: sweetspotclub <sweetspotclub888@gmail.com> Sent: Friday, November 18, 2022 5:42 PM To: 'Richard Cannone' <rcannone@cityofpalmdesert.org> Cc: 'Todd Hileman' <thileman@cityofpalmdesert.org>; 'Robert Hargreaves' <robert.hargreaves@bbklaw.com>; 'Denise Hansen' <Denise.Hansen@bbklaw.com>; 'Abraham Gottlieb' <a @aol.com>; 'Joe Tufaro' <joe.tufaro@gmail.com> Subject: RE: Sweet Spot Club – 73338 Highway 111 #O, Palm Desert Hi, Richard, Thank you for forwarding this letter to me, our manager also received at the club. We are working on correcting the website, I already turned it off, but somehow, my computer still showing the site, maybe due to the cookie, on my phone which I never accessed the website, it shows ‘under construction’, the club will be closed for now. We submitted the app to correct the ABC license already, they said it would take time, no way to switch our license in a few days… We never intended to hide anything, we are complying with the requirement immediately: 1. Alcohol license – already submitted app to switch license to private club 2. Massage room – removed 3. Card room – it’s a room with 2 tables for guests to pay table games, no dealers 4. Cigar Lounge – a separate entity, not connected to the club, not opened yet 5. Prohibition of smoking – there’s no smoking in our club 6. Parking mitigation fee – already paid to the City and check was cashed Thank you very much & BRGS ~ Angela Lin Item 3E-84 626-674-3388 73338 Hwy 111 Palm Desert, CA 92260 From: Richard Cannone <rcannone@cityofpalmdesert.org> Sent: Friday, November 18, 2022 2:58 PM To: sweetspotclub <s 8@gmail.com> Cc: Todd Hileman <thileman@cityofpalmdesert.org>; Robert Hargreaves <robert.hargreaves@bbklaw.com>; Denise Hansen <Denise.Hansen@bbklaw.com> Subject: Sweet Spot Club – 73338 Highway 111 #O, Palm Desert Importance: High Mr. Gottlieb: Please see attached letter from City Manager Todd Hileman. Richard Cannone, AICP Development Services Director Ph: 760.346.0611 Direct: 760.776.6438 rcannone@cityofpalmdesert.org www.cityofpalmdesert.org Install the Palm Desert In Touch app to stay in touch with your community Android Apple Mobile Web Item 3E-85 From:Hydar, Matthew@ABC To:Richard Cannone Subject:Sweet Spot Date:Tuesday, November 22, 2022 9:52:54 AM Good Morning Sir, We have not received an application at our Palm Desert Office. I’m checking with our staff in Riverside on the off chance that they mailed their application to that office. I have also contacted the manager Jeff Tufaro (I’m unsure if the spelling is correct) via text message to inquire as to if/how the application was filed. Matthew Hydar California Department of Alcoholic Beverage Control Sent from my iPhone Please forgive any typos Item 3E-86 to inquire as to if/how the application was filed. Matthew Hydar California Department of Alcoholic Beverage Control Sent from my iPhone Please forgive any typos Item 3E-88 From:Chris Escobedo To:a @aol.com Cc:Richard Cannone; Todd Hileman Subject:RE: Meeting on 11/21 Date:Wednesday, November 23, 2022 9:51:52 AM Attachments:image001.png Hello Mr. Gottlieb, I’m following up on our meeting that took place on 11/21. You indicated an application was submitted to the Department of Alcoholic Beverage Control (ABC). We contacted ABC and as of the close of business yesterday they have not received an application. Thank you, Chris Escobedo Assistant City Manager Ph: 760.346.0611 Direct: 760.776.6319 cescobedo@cityofpalmdesert.org From: abaavi@aol.com <abaavi@aol.com> Sent: Sunday, November 20, 2022 7:08 PM To: Chris Escobedo <cescobedo@cityofpalmdesert.org> Subject: Re: Meeting on 11/21 thanks for respond so fast -----Original Message----- From: Chris Escobedo <cescobedo@cityofpalmdesert.org> To: a i@aol.com <a @aol.com> Cc: Todd Hileman <thileman@cityofpalmdesert.org> Sent: Fri, Nov 18, 2022 5:04 pm Subject: Meeting on 11/21 Hello Mr. Gottlieb, I'm following up to our call this afternoon. I'm confirming that we've scheduled the meeting for 11/21 at 10:30am. The address to Palm Desert City Hall is 73-510 Fred Waring Drive, Palm Desert Ca 92260. See you Monday. Chris Escobedo Assistant City Manager Ph: 760.346.0611 Direct: 760.776.6319 Item 3E-89 cescobedo@cityofpalmdesert.org www.cityofpalmdesert.org Install the Palm Desert In Touch app to stay in touch with your community Android Apple Mobile Web Item 3E-90 Item 3E-91 Item 3E-92 Item 3E-93 [This page has intentionally been left blank.]