Loading...
HomeMy WebLinkAboutPost-Meeting Agenda Package - Palm Desert City Council - Regular Meeting_Sep28_2023 PALM DESERT CITY COUNCIL REGULAR MEETING POST-MEETING AGENDA Thursday, September 28, 2023 3:30 p.m. Council Chamber, City Hall 73-510 Fred Waring Drive Palm Desert, California This is a joint meeting of the Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment Agency, and the Palm Desert Housing Authority. Pursuant to Assembly Bill 2449, this meeting may be conducted as a hybrid meeting allowing public access via teleconference or in person, and up to two Councilmembers may attend remotely. WATCH THE MEETING LIVE: Watch the City Council meeting live at the City’s website: www.palmdesert.gov under the “Council Agenda” link at the top of the homepage, or on the City’s YouTube Channel. OPTIONS FOR PARTICIPATING IN THIS MEETING: If unable to attend the meeting in person, you may choose from the following options: OPTION 1: VIA EMAIL Send your comments by email to: CouncilMeetingComments@palmdesert.gov. Emails 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. Emails will not be read aloud at the meeting. OPTION 2: LIVE VIA ZOOM Access via palmdesert.gov/zoom or zoom.us, click “Join Meeting” and enter Webinar ID 833 6744 9572. 1. OPTION 3: LIVE VIA TELEPHONE (213) 338-8477 and enter Meeting ID 833 6744 9572 followed by #.1. Indicate that you are a participant by pressing # to continue.2. 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. 3. Pages 1.CALL TO ORDER - CLOSED SESSION - 3:30 P.M. 2.PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY This time has been set aside for members of the public to address the City Council on items contained only on the Closed Session Agenda within the three- minute time limit. Speakers may utilize one of the three options listed on the first page of this agenda. 3.RECESS TO CLOSED SESSION 4.CLOSED SESSION AGENDA 4.a Closed Session Meeting Minutes: September 14, 2023 4.b Conference with Real Property Negotiations pursuant to Government Code Section 54956.8 4.b.1 Property Description: APN Nos. 694-410-003; 694-160-005 through 008, 694-160-011; 694-120-025; and 685-010-005 Agency: City of Palm Desert City Negotiator: Todd Hileman, Chris Escobedo, Eric Ceja Negotiating Parties: TR Funding II, LLC; SG & H Cook Street, LLC; Palm Desert University Gateway; First St. Financial Center Lomitas Under Negotiation: Price and Terms 5.ROLL CALL - REGULAR MEETING - 4:00 P.M. 6.PLEDGE OF ALLEGIANCE Councilmember Trubee 7.INSPIRATION Mayor Kelly 8.REPORT OF CLOSED SESSION City Attorney Hargreaves 9.AWARDS, PRESENTATIONS, AND APPOINTMENTS 9 10.CITY MANAGER COMMENTS 11 11.MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION 12.NONAGENDA PUBLIC COMMENTS 27 This time has been set aside for the public to address the City Council on issues that are not on the agenda for up to three minutes. Speakers may utilize one of the three options listed on the first 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. City Council Meeting Page 2 of 348 13.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. RECOMMENDATION: To approve the consent calendar as presented. 13.a APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES 61 RECOMMENDATION: Approve the Minutes of September 14, 2023. 13.b APPROVAL OF WARRANTS 79 RECOMMENDATION: Approve the warrants issued for the period 7/25/2023 to 9/14/2023. 13.c APPROVAL OF THE 2023 PALM DESERT GOLF CART PARADE 107 RECOMMENDATION: Permit the sale, possession, and consumption of alcoholic beverages on Public Property pursuant to Palm Desert Municipal Code 9.58.040. 1. Waive Palm Desert Municipal Code Section 11.01.140 – Amplified Sound, during the event. 2. Approve a budget transfer of $25,000 from the Police Services Account No. 1104210-4304000 to Account No. 1104210-4304200 (Police Contingency). 3. Authorize the City Manager to execute any documents that may be necessary to facilitate the event. 4. 13.d RESOLUTION NO. 2023-046 AUTHORIZING THE ACCEPTANCE OF ELECTRONICALLY FILED GOVERNMENT CLAIMS 111 RECOMMENDATION: Adopt Resolution No. 2023-046 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING ACCEPTANCE OF ELECTRONICALLY FILED GOVERNMENT CLAIMS.” 13.e AUTHORIZE OUT-OF-STATE TRAVEL FOR THE CITY MANAGER TO ATTEND THE INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION ANNUAL CONFERENCE ON SEPTEMBER 30 THROUGH OCTOBER 4, 2023, IN AUSTIN, TEXAS 115 RECOMMENDATION: Authorize out-of-state travel for the City Manager to attend the International City/County Management Association Annual Conference on September 30 through October 4, 2023, in Austin, Texas. City Council Meeting Page 3 of 348 13.f RATIFY A LETTER OF SUPPORT FOR H.N. & FRANCES C. BERGER FOUNDATION’S RECONNECTING COMMUNITIES PROGRAM FUNDING REQUEST FOR THE THOUSAND PALMS FLOOD CONTROL PROJECT 117 RECOMMENDATION: Ratify a letter of support for the H.N. and Frances C. Berger Foundation’s Reconnecting Communities Program funding request. 13.g SUCCESSOR AGENCY - APPROVE A PURCHASE AND SALE AGREEMENT NO. C46320A-Z BETWEEN THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY AND THE CITY OF PALM DESERT FOR ASSESSOR’S PARCEL NUMBER 620-400-025 121 RECOMMENDATION: Approve a Purchase and Sale Agreement (PSA) No. C46320A-Z between the Successor Agency to the Palm Desert Redevelopment Agency (SARDA) and the City of Palm Desert for Assessor’s Parcel Number (APN) 620-400-025. 1. Authorize the Executive Director and the SARDA Attorney to make non-monetary changes to the PSA. 2. Authorize the Executive Director to execute the PSA and all related documents for the sale. 3. 13.h SUCCESSOR AGENCY - ADOPT RESOLUTION NO. SA-RDA 101 DECLARING ASSESSOR’S PARCEL NO. 620-400-025 “EXEMPT SURPLUS” FOR THE PURPOSES OF THE SURPLUS LAND ACT 133 RECOMMENDATION: Adopt Resolution No. SA-RDA 101 entitled, “A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, DECLARING PURSUANT TO GOVERNMENT CODE SECTIONS 54221(b) AND 54221 (f)(1)(D) THAT CERTAIN REAL PROPERTY OWNED BY THE SUCCESSOR AGENCY AND IDENTIFIED AS ASSESSOR’S PARCEL NUMBER 620- 400-025 IS EXEMPT SURPLUS; AND TAKING RELATED ACTIONS.” 13.i ACCEPTANCE OF THE CITY’S CITIZENS OPTION FOR PUBLIC SAFETY/SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (COPS/SLESF) EXPENDITURE PLAN AND FUNDING FOR FISCAL YEAR 2023/24 143 RECOMMENDATION: Accept the City’s Citizens Option for Public Safety/Supplemental Law Enforcement Services Fund (COPS/SLESF) expenditure plan and funding for Fiscal Year 2023/24. City Council Meeting Page 4 of 348 13.j APPROVE A PURCHASE AND SALE AGREEMENT NO. C46320A-Z BETWEEN THE CITY AND THE SUCCESSOR AGENCY AND A COMPENSATION AGREEMENT BETWEEN THE CITY AND THE RIVERSIDE COUNTY DESIGNATED TAXING ENTITIES FOR ASSESSOR'S PARCEL NUMBER 620-400-025 157 RECOMMENDATION: Approve a Purchase and Sale Agreement (PSA) No. C46320A-Z between the City of Palm Desert and the Successor Agency to the Palm Desert Redevelopment Agency (SARDA) for Assessor’s Parcel Number (APN) 620-400-025. 1. Authorize the City Manager and City Attorney to make non- monetary changes to the PSA. 2. Authorize the City Manager to execute any and all documents associated with the PSA. 3. Approve Compensation Agreements between the City of Palm Desert and the Riverside County designated taxing entities for APN 620-400-025. 4. Authorize the City Manager and City Attorney to make non- monetary changes to the Compensation Agreements. 5. Authorize the City Manager to execute any and all documents associated with the Compensation Agreements. 6. Appropriate $4,600,000 from unobligated Desert Willow Capital Fund Balance Account No. 4414195-4809200 for the purchase of APN 620-400-025. 7. 13.k SUCCESSOR AGENCY - APPROVE A LICENSE AGREEMENT NO. C46320A-Z BETWEEN THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY AND THE CITY OF PALM DESERT FOR ASSESSOR’S PARCEL NUMBER 620-400-025 197 RECOMMENDATION: Approve a License Agreement No. C46320A-Z between the Successor Agency to the Palm Desert Redevelopment Agency (SARDA) and the City of Palm Desert for Assessor’s Parcel Number (APN) 620-400-025 for two (2) years at a rate of one dollar ($1). 1. Authorize the SARDA Attorney to make non-monetary changes to the License Agreement. 2. Authorize the Executive Director to execute the License Agreement and all related documents for the sale. 3. City Council Meeting Page 5 of 348 13.l APPROVE THE ADDITION OF IMPROVEMENTS FOR PUBLIC PARKING AND OPEN SPACE TO APN 620-400-625 TO THE CITY’S CAPITAL IMPROVEMENT PROGRAM 209 RECOMMENDATION: Approve the addition of improvements for public parking and open space to APN 620-400-625 to the City’s Capital Improvement Program. 1. Authorize the Director of Finance to appropriate $1,891,588 from unobligated Desert Willow Capital Fund Balance to Account No. 4414195-4809200, Project Code CFA 00025, for the parking lot improvements to Lot A. 2. 13.m ADOPTION OF ORDINANCE NO. 1400 AMENDING SECTION 2.36.370 OF THE PALM DESERT MUNICIPAL CODE RELATED TO THE READING OF ORDINANCES AND RESOLUTIONS 219 RECOMMENDATION: Adopt Ordinance No. 1400 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 2.36.370 OF THE PALM DESERT MUNICIPAL CODE RELATED TO THE READING OF ORDINANCES AND RESOLUTIONS.” 14.ACTION CALENDAR The public may comment on individual Action Items within the three-minute time limit. Speakers may utilize one of the three options listed on the first page of the agenda. 14.a APPROVE AN AGREEMENT WITH KINGDOM CAUSES DBA CITY NET FOR CITY HOMELESS OUTREACH AND ENGAGEMENT SERVICES 223 RECOMMENDATION: Approve Agreement No. C46330 for $250,813.13 with Kingdom Causes DBA City Net to provide street outreach and engagement homeless services from October 1, 2023, through June 30, 2024, with two optional one-year extensions. 1. Authorize Director of Finance to appropriate $101,000 in unobligated Opioid Settlement Special Funds to Account No. 2264212-4309000 and transfer $150,000 from Permanent Local Housing Allocation Funds Account No. 2254199-4501000 to Account No. 2254212-4309000. 2. Authorize the City Attorney to make non-monetary changes to the agreement and the City Manager or designee to execute the agreement. 3. 15.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 first page of this agenda. City Council Meeting Page 6 of 348 15.a HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT – PUBLIC HEARING TO RECEIVE PUBLIC COMMENTS ON FISCAL YEAR 2022/23 COMPREHENSIVE ANNUAL PERFORMANCE AND EVALUATION REPORT 301 RECOMMENDATION: Receive and file the City’s Fiscal Year (FY) 2022/23 Comprehensive Annual Performance and Evaluation Report (CAPER). 15.b PALM DESERT REDISTRICTING 2023 – PUBLIC HEARING #2 TO RECEIVE INPUT FROM THE COMMUNITY REGARDING THE REDRAWING OF ELECTION DISTRICT BOUNDARIES 335 16.INFORMATION ITEMS 17.ADJOURNMENT City Council Meeting Page 7 of 348 18.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.palmdesert.gov 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) 346-0611, at least 48 hours prior to the meeting to inform us of your needs and to determine if accommodation is feasible. AFFIDAVIT OF POSTING I, Níamh M. Ortega, Assistant 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.gov no less than 72 hours prior to the meeting. /S/ Níamh M. Ortega Assistant City Clerk City Council Meeting Page 8 of 348 Whereas, during the month of October, Fire Station #33 of the Western Division of the Riverside County Fire Department, California Department of Forestry and Fire Protection, Historical Society of Palm Desert, and Desert Sands Unified School District train Palm Desert third grade students in fire prevention and personal safety through the Fire Prevention and Mini-Muster Program; and Whereas, the Fire Prevention and Mini-Muster Program celebrates its 31st year at Gerald Ford Elementary, Abraham Lincoln Elementary, and George Washington Charter Schools, its 26th year at James Earl Carter Elementary School, and its 18th year at Ronald Reagan Elementary School; and Whereas, firefighters and volunteers will continue to train Palm Desert students to maintain standards that will ensure a fire-safe City for many years to come. Now, Therefore, I, Kathleen Kelly, Mayor of the City of Palm Desert, California, along with the entire City Council, do hereby Proclaim October 2023 as Fire Prevention and Mini-Muster Month in the City of Palm Desert and urge all citizens to pay tribute to the children who participate in this most worthwhile event. In Witness Whereof, I have hereunto set my hand and have caused the Official Seal of the City of Palm Desert, California, to be affixed this 12th day of October 2023. Page 9 of 347 Page 10 of 347 PALM DESERT THE CITY OF SCOPE OF SERVICE CM Comments-1Page 11 of 347 THANK YOU CITY COUNCIL 25 YRS For over CM Comments-2Page 12 of 347 A Valued Partnership For 50 years, DRD has partnered with the City of Palm Desert to enhance its resident’s experience and protect its investments in its parks and facilities. Providing a safe and accessible space for people of all ages to engage, stay active, and promote overall well -being in the city. CM Comments-3Page 13 of 347 Palm Desert Community Center Desert Recreation District Renovation and Improvements for thePalm Desert Community Center CM Comments-4Page 14 of 347 Facility| Exterior CM Comments-5Page 15 of 347 Facility| Floor Plan CM Comments-6Page 16 of 347 Existing Conditions | Lobby Entry Program: 4,600 SFCM Comments-7Page 17 of 347 Improvements | Lobby Entry Program: 4,600 SFCM Comments-8Page 18 of 347 Existing Conditions | Childcare Room Program: 4,600 SFCM Comments-9Page 19 of 347 Improvements | Fitness Room Program: 4,600 SFCM Comments-10Page 20 of 347 Existing Conditions |Community Room Program: 4,600 SFCM Comments-11Page 21 of 347 Improvements | Community Room Program: 4,600 SFCM Comments-12Page 22 of 347 Cost Estimate |100% Design Development Total Project Costs $12,184,472 •DRD Total Costs $10,961,972 •City of Palm Desert Costs $1,222,500 CM Comments-13Page 23 of 347 Contracts Awarded|100% Design Development Total Project Costs $9,411,538 •DRD Total Costs $8,239,774 •City of Palm Desert Costs $1,171,764 CM Comments-14Page 24 of 347 THANK YOU! QUESTIONS? CM Comments-15Page 25 of 347 Page 26 of 347 Supplemental Nonagenda Public Comment -1Page 27 of 347 Supplemental Nonagenda Public Comment -2Page 28 of 347 Supplemental Nonagenda Public Comment -3Page 29 of 347 Supplemental Nonagenda Public Comment -4Page 30 of 347 Supplemental Nonagenda Public Comment -5Page 31 of 347 Supplemental Nonagenda Public Comment -6Page 32 of 347 Supplemental Nonagenda Public Comment -7Page 33 of 347 Supplemental Nonagenda Public Comment -8Page 34 of 347 Supplemental Nonagenda Public Comment -9Page 35 of 347 Supplemental Nonagenda Public Comment -10Page 36 of 347 Supplemental Nonagenda Public Comment -11Page 37 of 347 Supplemental Nonagenda Public Comment -12Page 38 of 347 Supplemental Nonagenda Public Comment -13Page 39 of 347 Supplemental Nonagenda Public Comment -14Page 40 of 347 Supplemental Nonagenda Public Comment -15Page 41 of 347 Supplemental Nonagenda Public Comment -16Page 42 of 347 Supplemental Nonagenda Public Comment -17Page 43 of 347 Supplemental Nonagenda Public Comment -18Page 44 of 347 Supplemental Nonagenda Public Comment -19Page 45 of 347 Supplemental Nonagenda Public Comment -20Page 46 of 347 Supplemental Nonagenda Public Comment -21Page 47 of 347 Supplemental Nonagenda Public Comment -22Page 48 of 347 Supplemental Nonagenda Public Comment -23Page 49 of 347 Supplemental Nonagenda Public Comment -24Page 50 of 347 Supplemental Nonagenda Public Comment -25Page 51 of 347 Supplemental Nonagenda Public Comment -26Page 52 of 347 Supplemental Nonagenda Public Comment -27Page 53 of 347 Supplemental Nonagenda Public Comment -28Page 54 of 347 Supplemental Nonagenda Public Comment -29Page 55 of 347 Supplemental Nonagenda Public Comment -30Page 56 of 347 Supplemental Nonagenda Public Comment -31Page 57 of 347 Supplemental Nonagenda Public Comment -32Page 58 of 347 Supplemental Nonagenda Public Comment -33Page 59 of 347 Supplemental Nonagenda Public Comment -34Page 60 of 347 1 Study Session of the Palm Desert City Council (CC), Successor Agency to the Palm Desert Redevelopment Agency (SARDA), and Housing Authority (HA) Minutes September 14, 2023, 2:30 p.m. Present: Councilmember Jan Harnik, Councilmember Gina Nestande, Mayor Pro Tem Karina Quintanilla, Councilmember Evan Trubee, Mayor Kathleen Kelly 1. CALL TO ORDER - STUDY SESSION A Study Session of the Palm Desert City Council was called to order by Mayor Kelly on Thursday, September 14, 2023, at 2:30 p.m. in the Council Chamber, City Hall, located at 73-510 Fred Waring Drive, Palm Desert, California. All members of the City Counc il were present. 2. STUDY SESSION TOPICS 2.a UPDATE ON THE DESIGN PROCESS OF THE NORTH SPHERE FIRE STATION (FS 102) Project Manager Leyva narrated a PowerPoint presentation and responded to City Council inquiries. 2.b CVEP/iHUB UPDATE Coachella Valley Economic Partnership Laura James narrated a PowerPoint presentation and responded to City Council inquiries. 2.c EMERGENCY OPERATIONS CENTER UPDATE Emergency Services Coordinator Esqueda narrated a PowerPoint presentation and responded to City Council inquiries. 3. ADJOURNMENT Mayor Kelly adjourned the Study Session at 3:03 p.m. Respectfully submitted, _________________________ Níamh M. Ortega Assistant City Clerk/Assistant Secretary _________________________ Anthony J. Mejia, MMC City Clerk/Secretary Page 61 of 347 Page 62 of 347 Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Regular Meeting Minutes September 14, 2023, 3:30 p.m. Present: Councilmember Jan Harnik, Councilmember Gina Nestande, Mayor Pro Tem Karina Quintanilla, Councilmember Evan Trubee, and Mayor Kathleen Kelly 1. CALL TO ORDER - CLOSED SESSION - 3:30 P.M. A Regular Meeting of the Palm Desert City Council was called to order by Mayor Kelly on Thursday, September 14, 2023, at 3:30 p.m. in the Council Chamber, City Hall, located at 73-510 Fred Waring Drive, Palm Desert, California. 2. PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY 3. RECESS TO CLOSED SESSION Mayor Kelly adjourned to Closed Session at 3:30 p.m. 4. CLOSED SESSION AGENDA The following items will be considered in closed session. 4.a Closed Session Meeting Minutes: August 24, 2023 4.b Conference with Labor Negotiators pursuant to Government Code Section 54957.6 5. ROLL CALL - REGULAR MEETING - 4:00 P.M. 6. PLEDGE OF ALLEGIANCE Mayor Pro Tem Quintanilla led the Pledge of Allegiance. 7. INSPIRATION Councilmember Trubee provided words of inspiration. 8. REPORT OF CLOSED SESSION Assistant City Attorney Shah stated that direction was given by the City Council; no reportable actions were taken. Page 63 of 347 Palm Desert City Council Meeting – Draft Minutes September 14, 2023 2 9. AWARDS AND PRESENTATIONS 9.a PRESENTATION - HUNGER ACTION MONTH Kelly Mui-Chesterton, FIND Food Bank representative, narrated a PowerPoint presentation. Mayor Kelly recognized September as National Hunger Action Month. 9.b PRESENTATION - CITY OF PALM DESERT EMPLOYEES Mayor Kelly recognized the work of City staff during the recent weather event and presented certificates to each department thanking them for their service to the community. Patrick Klein, General Manager of The Gardens of El Paseo, applauded the efforts of the Public Works department and other City staff for their quick action in response to flooding during Tropical Storm Hilary. Ken Seumalo, City of Indian Wells Public Works Director, thanked the Palm Desert Public Works department, City staff and City Council for their collaborative efforts between cities to address issues during and after Tropical Storm Hilary. 10. CITY MANAGER COMMENTS Paulina Larson, Palm Springs Life representative, provided an update on the City's 50th Anniversary celebration branding and marketing efforts. 11 . MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION Councilmembers reported on their attendance at various meetings and events. Mayor Pro Tem Quintanilla encouraged residents to utilize mosquito -repellant plants and flowers in their gardens; encouraged residents to get their flu shots; requested that the objective standards include a landscape plan to specifically exclude the Palo Verde variety that does not root well. Councilmember Harnik reported that Southern California Association of Governments obtained its clean air designation due to its alternate energy efforts and transportation plan. Mayor Kelly requested staff to coordinate with Southern California Edison to make a presentation at a future City Council meeting regarding cost of delivery on residential and commercial bills; this request was supported by Mayor Pro Tem Quintanilla and Councilmember Nestande. Mayor Kelly noted a request from a property owner to open a vet clinic on Highway 111. The property is not currently zoned to allow such a development, and requested an item be agendized for a future meeting to amend the text for permitted uses in that vicinity to allow a vet clinic as a conditional use. This request was supported by Mayor Pro Tem Quintanilla and Councilmember Trubee. Page 64 of 347 Palm Desert City Council Meeting – Draft Minutes September 14, 2023 3 12. NON-AGENDA PUBLIC COMMENTS Kenneth Doran, Palm Desert resident, spoke about his visit to City Hall to obtain information, and noted a letter would be mailed to the City Council outlining his experience. Lydia Duran, Palm Desert resident, spoke about her situation following the August storm event, and requested assistance from the City on next steps. Linda Lester, Palm Desert resident, spoke about her situation following the August storm event, and requested assistance from the City on next steps. Nancy Gutierrez, Palm Desert resident, requested that the City Council consider passing a law banning all future mask and vaccine mandates. Barbara Wasserkrug, Palm Desert resident, spoke regarding her findings about FLOCK license plate reader equipment. Pedro Reyes, Palm Desert resident, expressed gratitude for City's response following the August storm event. 13. CONSENT CALENDAR Motion by: Mayor Pro Tem Quintanilla Seconded by: Councilmember Nestande To approve the consent calendar, excluding Items 13j, 13k, 13m, and 13r. Motion Carried (5 to 0) 13.a APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES Motion by: Mayor Pro Tem Quintanilla Seconded by: Councilmember Nestande Approve the Minutes of August 24, 2023, Study Session and Regular Meeting. Motion Carried 13.b APPROVAL OF WARRANTS Motion by: Mayor Pro Tem Quintanilla Seconded by: Councilmember Nestande Approve the warrants issued for the period 6/30/2023 to 8/31/2023. Motion Carried Page 65 of 347 Palm Desert City Council Meeting – Draft Minutes September 14, 2023 4 13.c RECEIVE AND FILE APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE Motion by: Mayor Pro Tem Quintanilla Seconded by: Councilmember Nestande Receive and file the application for Alcoholic Beverage License for the following business: 1. Yours Truly Wine Importers; 77564 Country Club Dr. Suite 227 Motion Carried 13.d RESOLUTION EXTENDING PARTICIPATION IN THE RIVERSIDE COUNTY SERVICE AUTHORITY ABANDONED VEHICLE ABATEMENT PROGRAM UNTIL MAY 31, 2034 Motion by: Mayor Pro Tem Quintanilla Seconded by: Councilmember Nestande Adopt Resolution No. 2023-042 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE EXTENSION OF THE SERVICE FEE COLLECTED ON BEHALF OF THE RIVERSIDE COUNTY ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY UNTIL MAY 2034.” Motion Carried 13.e RESOLUTION TO AUTHORIZE DESTRUCTION OF OBSOLETE RECORDS FROM THE SPECIAL PROGRAMS DIVISION Motion by: Mayor Pro Tem Quintanilla Seconded by: Councilmember Nestande Adopt Resolution No. 2023-043 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND AUTHORIZING THE DESTRUCTION OF PAPER RECORDS FROM THE SPECIAL PROGRAMS DIVISION" Motion Carried Page 66 of 347 Palm Desert City Council Meeting – Draft Minutes September 14, 2023 5 13.f RECEIVE AND FILE INFORMATIONAL REPORT FOR ROAD CLOSURES SCHEDULED TO OCCUR ON EL PASEO ASSOCIATED WITH FISCAL YEAR 2023/24 ROUTINE SPECIAL EVENTS Motion by: Mayor Pro Tem Quintanilla Seconded by: Councilmember Nestande Receive and file informational report for road closures scheduled to occur on El Paseo associated with the following Fiscal Year 2023/24 routine special events: 1. Desert Cancer Foundation’s Paint El Paseo Pink – Saturday, October 14, 2023. 2. Palm Desert Area Chamber of Commerce’s (PDACC) Golf Cart Parade – Sunday, October 29, 2023. 3. Martha’s Village and Kitchen’s Thanksgiving 5K – Thursday, November 23, 2023. 4. Palm Desert Charter Middle School Foundation’s Panther 5K – Sunday, January 28, 2024. Motion Carried 13.g RECEIVE AND FILE A LETTER OF OPPOSITION TO ASSEMBLY BILL 1484 (ZBUR): TEMPORARY PUBLIC EMPLOYEES Motion by: Mayor Pro Tem Quintanilla Seconded by: Councilmember Nestande Receive and file a letter of opposition to Assembly Bill 1484 (Zbur): Temporary Public Employees. Motion Carried 13.h SECOND READING AND ADOPTION OF ORDINANCE NO. 1399, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, UPDATING CHAPTER 8.20 REGARDING PUBLIC NUISANCE ABATEMENT AND COST RECOVERY PROCEDURES Motion by: Mayor Pro Tem Quintanilla Seconded by: Councilmember Nestande Waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. 1399 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, UPDATING CHAPTER 8.20 REGARDING PUBLIC NUISANCE ABATEMENT AND COST RECOVERY PROCEDURES". Motion Carried Page 67 of 347 Palm Desert City Council Meeting – Draft Minutes September 14, 2023 6 13.i ORDINANCE NO. 1398 TO CHANGE ZONING DESIGNATION OF PARCEL 1 OF PARCEL MAP NO. 36614, LOCATED APPROX. 500 FEET FROM NW CORNER OF HWY 111 AND FRED WARING DR. FROM RESPORT COMMERCIAL CENTER (PC-4) TO DISTRICT COMMERCIAL CENTER (PC-2) - CEQA FINDING Motion by: Mayor Pro Tem Quintanilla Seconded by: Councilmember Nestande Waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. 1398 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION PURSUANT TO THE STATE OF CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVING A CHANGE OF ZONE FROM PC-4 TO PC-2 FOR THE PROPERTY LOCATED ON PARCEL 1 OF PARCEL MAP NO. 36614 AT 72221 HIGHWAY 111 (ASSESSOR'S PARCEL NUMBER 640-020-054) CASE NO. CZ23-0001". Motion Carried 13.l RATIFY A CHANGE ORDER FOR CONTRACT NO. C41770 WITH RIVERSIDE COUNTY ANIMAL SERVICES IN THE AMOUNT OF $58,725 TO COVER ADDITIONAL COSTS FOR FIELD AND ANIMAL SHELTER SERVICES FOR FISCAL YEAR 2022/23 – BUDGET ADJUSTMENT Motion by: Mayor Pro Tem Quintanilla Seconded by: Councilmember Nestande Ratify a Change Order for Contract No. C41770 with Riverside County Animal Services in the amount of $58,725 to cover additional costs for field and animal shelter services for Fiscal Year 2022/23 with request staff to explore $3,000 for mobile bus and return to Council for discussion. Motion Carried (5 to 0) Page 68 of 347 Palm Desert City Council Meeting – Draft Minutes September 14, 2023 7 13.n REQUEST FOR APPROVAL OF SIDE LETTER CLARIFYING CALLBACK PAY IN THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PALM DESERT AND THE PALM DESERT EMPLOYEE ORGANIZATION Motion by: Mayor Pro Tem Quintanilla Seconded by: Councilmember Nestande 1. Approve the side letter clarifying callback pay in the Memorandum of Understanding between the City of Palm Desert and the Palm Desert Employee Organization. 2. Authorize the City Manager to take actions to implement the side letter between the City of Palm Desert and Palm Desert Employee Organization. Motion Carried 13.o ACCEPT A RESIGNATION FROM THE CIVIC ENGAGEMENT COMMITTEE Motion by: Mayor Pro Tem Quintanilla Seconded by: Councilmember Nestande With regret, accept the resignation of Jonathan Stutz from the Civic Engagement Committee. Motion Carried 13.p ADOPT RESOLUTION NO. 2023-044 APPROVING FINAL TRACT MAP NO. 37639 AND AGREEMENTS Motion by: Mayor Pro Tem Quintanilla Seconded by: Councilmember Nestande 1. Adopt Resolution No. 2023-044 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL SUBDIVISION MAP OF TRACT MAP 37639. 2. Authorize the Mayor to execute the Agreement for the Exchange of Real Property and any documents necessary to effectuate and implement the actions taken herewith. 3. Authorize the Mayor to execute a Master Agreement for Grant of Temporary Construction, Access, and Parking Easements. 4. Authorize the City Attorney to make non-substantive changes to the Agreements and City Manager to execute any changes to said Agreements. Motion Carried Page 69 of 347 Palm Desert City Council Meeting – Draft Minutes September 14, 2023 8 13.q RATIFY AMENDMENT NO. 1 TO CONTRACT NO. C44620B WITH BELFOR USA GROUP, INC., FOR PROPERTY RESTORATION SERVICES Motion by: Mayor Pro Tem Quintanilla Seconded by: Councilmember Nestande Ratify Amendment No. 1 to Contract No. C44620B with Belfor USA Group, Inc., for property restoration services. Motion Carried 13.s APPROVE CONTRACT NO. C46270 WITH SHADE STRUCTURES, INC., DBA USA SHADE & FABRIC STRUCTURES FOR SHADE IMPROVEMENTS AT THE PALM DESERT AQUATIC CENTER AND FREEDOM PARK (PROJECT NO. MFA00022 AND MPK00001, RESPECTIVELY) Motion by: Mayor Pro Tem Quintanilla Seconded by: Councilmember Nestande 1. Approve Contract No. C46270 with Shade Structures, Inc., dba USA Shade & Fabric Structures (USA Shade) for shade improvements at the Palm Desert Aquatic Center and Freedom Park in the combined amount of $784,485.27. 2. Authorize the Finance Department to set aside a contingency amount of $150,000 for unforeseen circumstances. 3. Approve a budget appropriation from General Fund Reserves and transfer to Palm Desert Aquatic Center Capital Project Account No. 2424549- 4400100 in the amount of $508,285.98. 4. Authorize the City Manager or designee to review and approve written contract amendment or change order requests up to the contingency amount. 5. Authorize the City Attorney to make non-substantive changes and the City Manager to execute all necessary documents. Motion Carried Page 70 of 347 Palm Desert City Council Meeting – Draft Minutes September 14, 2023 9 13.t INTRODUCTION OF ORDINANCE NO. 1400 AMENDING SECTION 2.36.370 OF THE PALM DESERT MUNICIPAL CODE RELATED TO THE READING OF ORDINANCES AND RESOLUTIONS Motion by: Mayor Pro Tem Quintanilla Seconded by: Councilmember Nestande Introduce Ordinance No. 1400 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 2.36.370 OF THE PALM DESERT MUNICIPAL CODE RELATED TO THE READING OF ORDINANCES AND RESOLUTIONS.” Motion Carried 13.j HOUSING AUTHORITY - APPROVE CHANGE ORDER NO. 1 TO CONTRACT HA45140 WITH JACOBSSON ENGINEERING CONSTRUCTION, INC., FOR THE FURNISHING AND INSTALLATION OF 10 CARPORTS AT ONE QUAIL PLACE IN THE AMOUNT OF $601,000 (PROJECT CHA00003) This item was deferred to a future meeting due to the cancellation of the Housing Commission meeting and the need for a recommendation from this Commission prior to City Council consideration of the item. 13.k AUTHORIZE THE USE OF QUILL, LLC., AND NATIONAL SERVICES COMPANY DBA WAXIE SANITARY SUPPLY FOR THE PURCHASE OF OFFICE, JANITORIAL, AND SANITARY SUPPLIES FOR THE PALM DESERT HOUSING AUTHORITY FOR FISCAL YEAR 2023/24 This item was deferred to a future meeting due to the cancellation of the Housing Commission meeting and the need for a recommendation from this Commission prior to City Council consideration of the item. 13.m HOUSING AUTHORITY - AUTHORIZE AN INCREASE TO THE NOT TO EXCEED AMOUNT FOR HD SUPPLY FACILITIES MAINTENANCE, LTD., IN THE AMOUNT OF $10,000 FOR FISCAL YEAR 2022/23 This item was deferred to a future meeting due to the cancellation of the Housing Commission meeting and the need for a recommendation from this Commission prior to City Council consideration of the item. Page 71 of 347 Palm Desert City Council Meeting – Draft Minutes September 14, 2023 10 13.r ACCEPTANCE OF A RESIGNATION FROM THE HOMELESSNESS TASKFORCE AND APPOINTMENTS TO THE HOMELESSNESS TASKFORCE AND HOUSING COMMISSION Councilmember Trubee shared that he was impressed with the caliber of individuals recently interviewed to serve on an appointed body for the City of Palm Desert, and congratulated them on their appointments. Motion by: Councilmember Trubee 1. With regret, accept the resignation of Rosemary Anaya from the Homelessness Taskforce. 2. Appoint Christopher Schachter to the Homelessness Taskforce for a term ending June 30, 2025. 3. Appoint Davis Meyer to the Homelessness Taskforce for a term ending June 30, 2027. 4. Appoint Olivia Bocken to the Housing Commission as a Housing Authority Tenant for a term ending June 30, 2025. 5. Appoint Dominic Moore to the Housing Commission for a term ending June 30, 2027. Motion Carried (5 to 0) 14. ACTION CALENDAR 14.a CONSIDERATION OF A THREE-YEAR SPONSORSHIP NO. C46280 WITH DESERT PUBLICATIONS, INC., FOR FASHION WEEK EL PASEO AND FOOD & WINE FESTIVAL PALM DESERT Deputy Director of Economic Development Lawrence narrated a PowerPoint presentation and responded to City Council inquiries. Motion by: Councilmember Harnik Seconded by: Councilmember Trubee 1. Approve a three-year Sponsorship Agreement No. C46280 with Desert Publications, Inc., in the amount of $300,000 annually for Fashion Week El Paseo and the Palm Desert Food & Wine Festival. 2. Authorize use of the north side of Shadow Mountain Lane behind The Gardens on El Paseo for valet parking during the event. 3. Authorize waiver of all permit and inspection fees related to the event. 4. Authorize the City Attorney to make non-substantive changes and the City Manager to execute all necessary documents. Motion Carried (5 to 0) Page 72 of 347 Palm Desert City Council Meeting – Draft Minutes September 14, 2023 11 14.b APPOINTMENT OF LORI DAVIS AS THE PALM DESERT POET LAUREATE Management Analyst Powell provided a staff report and responded to City Council inquiries. Lori Davis, Palm Desert resident, thanked the City Council for the opportunity to serve as Poet Laureate. Motion by: Councilmember Harnik Seconded by: Councilmember Nestande Appoint Lori Davis as Palm Desert’s inaugural Poet Laureate. Motion Carried (5 to 0) 14.c APPROPRIATE FUNDS FOR EMERGENCY EXPENDITURES INCURRED DURING THE AUGUST 2023 WEATHER EVENT Finance Director Chavez narrated a PowerPoint presentation and responded to City Council inquiries. Motion by: Mayor Pro Tem Quintanilla Seconded by: Councilmember Trubee 1. Receive and file the report of expenditures to date related to the August 2023 weather event. 2. Appropriate funds in the amount of $1,765,000 from committed general fund balance allocated to emergency reserves to the emergency expenditure account (1104159-4219100) to cover expenditures incurred during the August 2023 weather event. 3. Authorize the City Manager to transfer funds from the emergency expenditure account to other expenditure accounts as appropriate. Motion Carried (5 to 0) Page 73 of 347 Palm Desert City Council Meeting – Draft Minutes September 14, 2023 12 15. PUBLIC HEARINGS 15.a RESOLUTION NO. 2023-045 TO APPROVE THE FEE INCREASE FOR THE PALM DESERT AQUATIC CENTER Community Services Manager Muir and Deputy Finance Director Urban narrated a PowerPoint presentation and responded to City Council inquiries. Mayor Kelly opened the public hearing. Te rry Applegate, aquatic therapist, spoke in opposition to raising fees at the aquatic center. Mayor Kelly closed the public hearing, there being no one else wishing to speak. Motion by: Councilmember Harnik Seconded by: Councilmember Trubee Adopt Resolution No. 2023-045 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, INCREASING CERTAIN ENTRY FEES FOR THE PALM DESERT AQUATIC CENTER AND TAKING OTHER ACTIONS THEREIN.” Motion Carried (5 to 0) 15.b PALM DESERT REDISTRICTING 2023 – PUBLIC HEARING #1 TO RECEIVE INPUT FROM THE COMMUNITY REGARDING THE REDRAWING OF ELECTION DISTRICT BOUNDARIES Mayor Kelly opened the public hearing. City Clerk Mejia narrated a PowerPoint presentation and responded to City Council inquiries. Mayor Kelly closed the public hearing, there being no one from the public desiring to speak. Motion by: Mayor Pro Tem Quintanilla Seconded by: Councilmember Trubee 1. Receive and file a report on the redistricting process and permissible criteria to be considered to redraw district boundaries. 2. Conduct a public hearing to receive public input on district boundaries. Motion Carried (5 to 0) 16. INFORMATION ITEMS None. Page 74 of 347 Palm Desert City Council Meeting – Draft Minutes September 14, 2023 13 17. ADJOURNMENT The City Council adjourned at 6:39 p.m. Respectfully submitted, _________________________ Níamh M. Ortega Assistant City Clerk/Assistant Secretary _________________________ Anthony J. Mejia, MMC City Clerk/Secretary Page 75 of 347 Page 76 of 347 CITY OF PALM DESERT CITY MANAGER’S OFFICE INTEROFFICE MEMORANDUM Date: September 28, 2023 To: Honorable Mayor and Councilmembers From: Anthony J. Mejia, City Clerk Subject: City Council Meeting of September 28, 2023 Below you will find questions received from the Mayor or Councilmembers and answers provided by City staff regarding tonight’s City Council meeting: ITEM 13a: APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES City staff notes a correction will be made to the September 14, 2023, Study Session Minutes to reflect the absence of Councilmember Nestande. ITEM 13c: APPROVAL OF THE 2023 PALM DESERT GOLF CART PARADE Q1: Is the $25K for Golf Cart parade our contribution to the Chamber via police services or is this in addition to it? A1: This $25,000 is in addition to the $60,000 sponsorship as the City Council previously approved in-kind police services related to this event. The $25,000 will not be paid to the Chamber of Commerce. It is a budget transfer from one City account to another. Q2: Will Burrtec have compost bins on site? Will they be available for the vendors? A2: For the Golf Cart Parade, Burrtec will provide cardboard trash and recycle bins as there won’t be many food vendors present. For the City’s 50th Anniversary Celebration (The Party in the Park), the City will ask Burrtec to provide compost containers for food vendors and attendees. Additionally, beginning in 2024, in accordance with SB 1383, all events taking place in the city with over 2,000 attendees that serve food will be required to work with FIND Food Bank to set up an edible food recovery system. Staff will also work with Burrtec on a plan for collecting non-edible food waste at large scale City-produced events. Page 77 of 347 09/28/2023 Question & Answer Memo Page 2 of 2 ITEM 13i: APPROVE THE ADDITION OF IMPROVEMENTS FOR PUBLIC PARKING AND OPEN SPACE TO APN 620-400-625 TO THE CITY’S CAPITAL IMPROVEMENT PROGRAM Q1: What is the reason for the $76K surplus? Have all of the needs been met? Is there any deferred maintenance or costs that may have been overlooked? Can this be used for training, such as professional development seminars to strengthen support to the volunteers and the community? A1: This fund is restricted to items that supplement direct law enforcement service. Last fiscal year, there was $161,284 carried forward from previous years of unspent revenue. This is on top of the new annual allocation. Our goal has been to expend the previous years’ amounts to reconcile this fund and supply the Sheriff’s department with equipment, tools, and staffing resources. We were able to take care of immediate needs but did not exhaust all the previous year’s grant amounts. Going forward with this plan, we will expend the $76,000 surplus and new allocation on equipment like tactical vests, crime suppression and speed enforcement programs. ITEM 14a: APPROVE AN AGREEMENT WITH KINGDOM CAUSES DBA CITY NET FOR CITY HOMELESS OUTREACH AND ENGAGEMENT SERVICES Q1: In addition to the email, phone, and text communication listed, will City Net have access to the Homelessness Support requests made on the PD App? If so, how soon after the report is made? A1: Yes, City staff will continue to manage all incoming requests for homeless support coming from our City App, email, and phone; and coordinate responses with City Net. Once they have learned the resource system here in Palm Desert, we will work to integrate them into our service request system. Q2: What is the success rate of Landlord Engagement? How is success measured? A2: Program staff will assist all clients on a pathway to housing. That can include a variety of options through coordinated entry, income, and landlord engagement to find viable housing options. Landlord engagement is difficult as rental occupancy rates are very high, leaving limited availability throughout the state. The team makes every effort to identify and engage landlords. Success rates will vary depending on region. Success is measured by identifying viable landlords open to renting to our unhoused participants, and successfully connecting them to move-in. Page 78 of 347 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 7/25/2023 - 7/25/2023 City of Palm Desert Account Number 07/25/202340269922 US BANKWR PRINCIPAL DUE $15.74510269007030000 2132588 875,000.00 07/25/202340269922 US BANKWR INTEREST DUE $15.74510269007030000 2132588 358,762.95 Examined and Approved Total For Bank ID - WR 1,233,762.95City Manager Examined and Approved Mayor or Mayor Pro-Tem Audited and Found Correct Director of Finance 07/25/2023Report Date 1Page Successor Agency DocuSign Envelope ID: 1EA3BDEA-E38F-4AE3-9FF9-0DCFD8A694BB Page 79 of 347 Page 80 of 347 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 7/31/2023 - 7/31/2023 City of Palm Desert Account Number 07/31/202310014059 DEPARTMENT OF THE TREASURYWR Medicare W/H P/D 07/19/202321603001100000 32464839 15,491.42 07/31/202310014059 DEPARTMENT OF THE TREASURYWR Federal W/H P/D 07/19/202321601001100000 32464839 52,528.83 07/31/202310014233 DEPARTMENT OF THE TREASURYWR Federal W/H P/D 07/19/202321601001100000 02536949 9,774.36 07/31/202310014233 DEPARTMENT OF THE TREASURYWR Medicare W/H P/D 07/19/202321603001100000 02536949 1,288.42 07/31/202310018075 DEPARTMENT OF THE TREASURYWR Federal W/H P/D 07/05/202321601001100000 33568545 51,267.65 07/31/202310018075 DEPARTMENT OF THE TREASURYWR Medicare W/H P/D 07/05/202321603001100000 33568545 15,093.78 07/31/202310662013 Empower Retirement LLCWR Deferred Comp PayDay 06/21/2310293006100000 1111718203 13,790.08 07/31/202310662013 Empower Retirement LLCWR DEFERRED COMP PAYDAY 06/21/2321621006100000 1111718203 -5,728.83 07/31/202310662013 Empower Retirement LLCWR DEFERRED COMP PAYDAY 06/21/2321621001100000 1111718203 5,728.83 07/31/202310662013 Empower Retirement LLCWR Deferred Comp PayDay 06/21/2321623001100000 1111718203 13,790.08 07/31/202310662013 Empower Retirement LLCWR DEFERRED COMP PAYDAY 06/21/2310291006100000 1111718203 5,728.83 07/31/202310662013 Empower Retirement LLCWR Deferred Comp PayDay 06/21/2321623006100000 1111718203 -13,790.08 07/31/202310662019 Empower Retirement LLCWR Deferred Comp PayDay 07/05/2310293006100000 1111704398 14,336.50 07/31/202310662019 Empower Retirement LLCWR DEFERRED COMP PAYDAY 07/05/2321621006100000 1111704398 -5,728.83 07/31/202310662019 Empower Retirement LLCWR Deferred Comp PayDay 07/05/2321623006100000 1111704398 -14,336.50 07/31/202310662019 Empower Retirement LLCWR Deferred Comp PayDay 07/05/2321623001100000 1111704398 14,336.50 07/31/202310662019 Empower Retirement LLCWR DEFERRED COMP PAYDAY 07/05/2310291006100000 1111704398 5,728.83 07/31/202310662019 Empower Retirement LLCWR DEFERRED COMP PAYDAY 07/05/2321621001100000 1111704398 5,728.83 07/31/202310662025 Empower Retirement LLCWR 401-A Retire PayDay: 06/21/2321622016100000 1111714831 -10,446.13 07/31/202310662025 Empower Retirement LLCWR 401-A Retire PayDay: 06/21/2310292016100000 1111714831 10,446.13 07/31/202310662025 Empower Retirement LLCWR 401-A Retire PayDay: 06/21/2321622011100000 1111714831 10,446.13 07/31/202310662031 Empower Retirement LLCWR 401-A Retire PayDay: 07/05/2310292016100000 1111709663 10,782.68 07/31/202310662031 Empower Retirement LLCWR 401-A Retire PayDay: 07/05/2321622011100000 1111709663 10,782.68 07/31/202310662031 Empower Retirement LLCWR 401-A Retire PayDay: 07/05/2321622016100000 1111709663 -10,782.68 07/31/202310968075 STATE OF CALIFORNIAWR PIT W/H PD: 07/05/202321602001100000 7223080 21,011.57 07/31/202315236692 P E R SWR PERS 26565 06/30/202321611001100000 1002417691 42,331.47 07/31/202315237062 P E R SWR PERS 1105 06/30/202321611001100000 1002417690 55,956.56 07/31/2023Report Date 1Page City & Housing DocuSign Envelope ID: 052CA885-8FFE-48DE-B8FC-E0C494C60895 Page 81 of 347 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 7/31/2023 - 7/31/2023 City of Palm Desert Account Number 07/31/202316337209 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 07/19/2310292006100000 6275572 5,555.18 07/31/202316337209 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 07/19/2321622006100000 6275572 -5,555.18 07/31/202317358373 STATE OF CALIFORNIAWR PIT W/H PD: 07/19/202321602001100000 7237844 22,215.11 07/31/202317358399 STATE OF CALIFORNIAWR PIT W/H PD: 07/19/202321602001100000 7237866 2,932.31 07/31/202318320691 Empower Retirement LLCWR DEFERRED COMP PAYDAY 07/19/2321621001100000 11111182060 5,728.83 07/31/202318320691 Empower Retirement LLCWR Deferred Comp PayDay 07/19/2321623001100000 11111182060 14,081.37 07/31/202318320691 Empower Retirement LLCWR DEFERRED COMP PAYDAY 07/19/2310291006100000 11111182060 5,728.83 07/31/202318320691 Empower Retirement LLCWR Deferred Comp PayDay 07/19/2310293006100000 11111182060 14,081.37 07/31/202318320691 Empower Retirement LLCWR DEFERRED COMP PAYDAY 07/19/2321621006100000 11111182060 -5,728.83 07/31/202318320691 Empower Retirement LLCWR Deferred Comp PayDay 07/19/2321623006100000 11111182060 -14,081.37 07/31/202318320697 Empower Retirement LLCWR 401-A Retire PayDay: 07/19/2321622016100000 1111296866 -11,052.90 07/31/202318320697 Empower Retirement LLCWR 401-A Retire PayDay: 07/19/2310292016100000 1111296866 11,052.90 07/31/202318320697 Empower Retirement LLCWR 401-A Retire PayDay: 07/19/2321622011100000 1111296866 11,052.90 07/31/202318985040 PUBLIC EMPLOYEES' RETIREMENTWR Health Premium Emp 07-202321608001100000 100000017201843 185,240.96 07/31/202318985040 PUBLIC EMPLOYEES' RETIREMENTWR Health Premium CC 07-202321608001100000 100000017201843 1,985.18 07/31/202318985040 PUBLIC EMPLOYEES' RETIREMENTWR EMP ADJ 1 07-202321608001100000 100000017201843 8,182.63 07/31/202318985040 PUBLIC EMPLOYEES' RETIREMENTWR Health Premium Retiree 07-202341190005764192 100000017201843 14,360.71 07/31/202323192010 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 07/05/2321626001100000 6593316 5,338.68 07/31/202323192010 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 07/05/2310292006100000 6593316 5,338.68 07/31/202323192010 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 07/05/2321622006100000 6593316 -5,338.68 07/31/202363372090 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 07/19/2321626001100000 6275572 5,555.18 07/31/202363743281 LAWYERS TITLE COMPANYWR MERLE23-LOAN-74724-143901012144490 ESCROW PDL21547 25,000.00 07/31/202363743281 LAWYERS TITLE COMPANYWR MERLE23-GRANT-74724-143901012144490 ESCROW PDL21547 72,200.00 07/31/202367256463 STERLING ADMINISTRATIONWR FSA HEALTH CARE 07/05/202321616001100000 710589 2,086.73 07/31/202367256463 STERLING ADMINISTRATIONWR FSA DEPENDANT CARE 07/05/202321616001100000 710589 777.07 07/31/202367260846 STERLING ADMINISTRATIONWR FSA HEALTH CARE 07/19/202321616001100000 711797 2,086.73 07/31/202367260846 STERLING ADMINISTRATIONWR FSA DEPENDANT CARE 07/19/202321616001100000 711797 777.07 07/31/2023Report Date 2Page City & Housing DocuSign Envelope ID: 052CA885-8FFE-48DE-B8FC-E0C494C60895 Page 82 of 347 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 7/31/2023 - 7/31/2023 City of Palm Desert Account Number Examined and Approved Total For Bank ID - WR 705,158.57City Manager Examined and Approved Mayor or Mayor Pro-Tem Audited and Found Correct Director of Finance 07/31/2023Report Date 3Page City & Housing DocuSign Envelope ID: 052CA885-8FFE-48DE-B8FC-E0C494C60895 Page 83 of 347 Page 84 of 347 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 7/31/2023 - 7/31/2023 City of Palm Desert Account Number 07/31/202318680171 P E R SW2 ANNUAL UNFUNDED ACCRUED LIABIL41015001104159 100000017215516 2,680,167.00 Examined and Approved Total For Bank ID - W2 2,680,167.00City Manager Examined and Approved Mayor or Mayor Pro-Tem Audited and Found Correct Director of Finance 07/31/2023Report Date 1Page City & Housing DocuSign Envelope ID: 052CA885-8FFE-48DE-B8FC-E0C494C60895 Page 85 of 347 Page 86 of 347 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 8/29/2023 - 8/29/2023 City of Palm Desert Account Number 08/29/202341202910 US BANKWR INTEREST DUE $15.74510269007030000 2132588 25,740.18 Examined and Approved Total For Bank ID - WR 25,740.18City Manager Examined and Approved Mayor or Mayor Pro-Tem Audited and Found Correct Director of Finance 08/29/2023Report Date 1Page Successor Agency DocuSign Envelope ID: 1EA3BDEA-E38F-4AE3-9FF9-0DCFD8A694BB Page 87 of 347 Page 88 of 347 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 8/31/2023 - 8/31/2023 City of Palm Desert Account Number 08/31/202341203121 US BANKWR INTEREST DUE $15.74510269007030000 2302327 364,815.63 08/31/202341203204 US BANKWR PRIN DUE10281017030000 2224970 357,500.00 08/31/202341203204 US BANKWR INT DUE10281017030000 2224970 910,125.00 08/31/202341203279 US BANKWR PRIN DUE10281017030000 2350457 357,500.00 08/31/202341203279 US BANKWR INT DUE10281017030000 2350457 910,125.00 08/31/202341203353 US BANKWR PRIN DUE10281027030000 2350455 5,837,500.00 08/31/202341203353 US BANKWR INT DUE10281027030000 2350455 1,798,762.51 08/31/202341203415 US BANKWR PRIN DUE10281027030000 2224973 5,837,500.00 08/31/202341203415 US BANKWR INT DUE10281027030000 2224973 1,798,762.51 08/31/202341203479 US BANKWR PRIN DUE10280017030000 2224949 227,500.00 08/31/202341203479 US BANKWR INT DUE10280017030000 2224949 113,759.38 Examined and Approved Total For Bank ID - WR 18,513,850.03City Manager Examined and Approved Mayor or Mayor Pro-Tem Audited and Found Correct Director of Finance 08/31/2023Report Date 1Page Successor Agency DocuSign Envelope ID: 5F0F06C7-8077-4ACE-AAD5-390D0F777E8D Page 89 of 347 Page 90 of 347 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 9/1/2023 - 9/1/2023 City of Palm Desert Account Number 09/01/202341213815 US BANKWR PRIN DUE10280017030000 2353120 227,500.00 09/01/202341213815 US BANKWR INT DUE10280017030000 2353120 113,759.38 09/01/202341213924 US BANKWR PRIN DUE10280027030000 2350454 3,097,500.00 09/01/202341213924 US BANKWR INT DUE10280027030000 2350454 92,925.00 09/01/202341214016 US BANKWR PRIN DUE10280027030000 2224967 3,097,500.00 09/01/202341214016 US BANKWR INT DUE10280027030000 2224967 92,925.00 Examined and Approved Total For Bank ID - WR 6,722,109.38City Manager Examined and Approved Mayor or Mayor Pro-Tem Audited and Found Correct Director of Finance 09/01/2023Report Date 1Page Successor Agency DocuSign Envelope ID: 5F0F06C7-8077-4ACE-AAD5-390D0F777E8D Page 91 of 347 Page 92 of 347 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 9/6/2023 - 9/6/2023 City of Palm Desert Account Number 09/06/202300000301 STAPLES BUSINESS ADVANTAGEW1 Staples Order Aug 202342110001104430 3544874595 98.18 Examined and Approved Total For Bank ID - W1 98.18City Manager Examined and Approved Mayor or Mayor Pro-Tem Audited and Found Correct Director of Finance 09/06/2023Report Date 1Page City & Housing DocuSign Envelope ID: 88EA1400-CC0B-4574-985C-E6CE548270B1 Page 93 of 347 Page 94 of 347 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 9/8/2023 - 9/8/2023 City of Palm Desert Account Number 09/08/202300000302 Amazon Capital Services Inc.W1 CC MTG. SERVING SPOONS43090001104110 1GFP-WC74-GLMF 29.07 09/08/202300000302 Amazon Capital Services Inc.W1 Credit for CC Serving Spoons43090001104110 1CDG-VHJV-QDPT -7.53 09/08/202300000302 Amazon Capital Services Inc.W1 Digital Clock-ACR42110001104111 1RNW-77CW-GJNQ 63.56 09/08/202300000302 Amazon Capital Services Inc.W1 Election Stands/Holders42110001104114 116P-QRCJ-GWXH 163.60 09/08/202300000302 Amazon Capital Services Inc.W1 Refund for Tripod42110001104114 1WC4-THPC-NN6Q -33.39 09/08/202300000303 CENTRAL SQUARE TECHNOLOGIES LLCW1 Training hours with CentralSqu43090001104190 390605 675.00 09/08/202300000304 CITY EMPLOYEES ASSOCIATES LLCW1 PDEO DUES through 07/202321613001100000 PDEOJUL23 1,500.00 09/08/202300000304 CITY EMPLOYEES ASSOCIATES LLCW1 PDEO DUES through 08/202321613001100000 PDEOAUG23 1,620.00 09/08/202300000305 CLASSIC PHOTO BOOTHSW1 EOY 12/2/23 Photobooth Deposit43095011104154 8092 100.00 09/08/202300000306 DEPARTMENT OF HEALTH CARE SERVICESW1 PP-GEMT PROGRAM SERVICE FEE43045002304220 1083117741 2/3 121,241.21 09/08/202300000307 FG CREATIVE INCW1 Outdoor Billboards - Lamar43090002424549 10162 2,000.00 09/08/202300000307 FG CREATIVE INCW1 Retainer - August43090002424549 10162 600.00 09/08/202300000307 FG CREATIVE INCW1 Public Relations - August43090002424549 10162 500.00 09/08/202300000307 FG CREATIVE INCW1 Broadcast Placement - Mix July43090002424549 10162 500.00 09/08/202300000307 FG CREATIVE INCW1 Broadcast Placement - U-92 Jul43090002424549 10162 500.00 09/08/202300000307 FG CREATIVE INCW1 Graphics43090002424549 10162 350.00 09/08/202300000307 FG CREATIVE INCW1 Website43090002424549 10162 300.00 09/08/202300000307 FG CREATIVE INCW1 Broadcast Pro43090002424549 10162 250.00 09/08/202300000307 FG CREATIVE INCW1 Online: google Adwords July43090002424549 10162 113.00 09/08/202300000308 IDEAPEDDLER LLCW1 Media Management 1/12 - July43090001104417 2220 4,416.66 09/08/202300000308 IDEAPEDDLER LLCW1 Strategy & Account 2/12 - Aug.43090001104417 2232 4,416.66 09/08/202300000308 IDEAPEDDLER LLCW1 Social Media 1/12 - July43090001104417 2222 2,416.66 09/08/202300000308 IDEAPEDDLER LLCW1 Public Relations 2/12 - August43090001104417 2231 2,916.66 09/08/202300000308 IDEAPEDDLER LLCW1 Social Media 2/12 - August43090001104417 2230 2,416.66 09/08/202300000308 IDEAPEDDLER LLCW1 Public Relations 1/12 - July43090001104417 2223 2,916.66 09/08/202300000308 IDEAPEDDLER LLCW1 Media Management 2/12 - August43090001104417 2229 4,416.66 09/08/202300000308 IDEAPEDDLER LLCW1 Strategy & Account 1/12 - July43090001104417 2221 4,416.66 09/08/2023Report Date 1Page City & Housing DocuSign Envelope ID: 88EA1400-CC0B-4574-985C-E6CE548270B1 Page 95 of 347 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 9/8/2023 - 9/8/2023 City of Palm Desert Account Number 09/08/202300000309 JW MARRIOTT DESERT SPRINGS RESORT &W1 Jewish Learning Group (2023)43222011104417 M-NYSJDB9 19,000.00 09/08/202300000310 KIMLEY-HORN AND ASSOCIATES INC.W1 Rail Station Serv th. 7/3143090001104430 25547882 16,880.50 09/08/202300000311 MAAS COMPANIES INCW1 Office Spacing- July2343090001104130 073123.05 1,657.50 09/08/202300000311 MAAS COMPANIES INCW1 Inv# 073123.05 - July 2343090001104159 073123.05 5,167.50 09/08/202300000311 MAAS COMPANIES INCW1 Inv#0731223.05 - July2343090001104159 073123.05 -5,167.50 09/08/202300000311 MAAS COMPANIES INCW1 Sheriff Substation- July2343090001104159 073123.05 3,217.50 09/08/202300000311 MAAS COMPANIES INCW1 Library Special Project-July2343090001104159 073123.05 195.00 09/08/202300000311 MAAS COMPANIES INCW1 Housing-July2343311008714195 073123.05 97.50 09/08/202300000312 NEARMAP US INCW1 Impact Response Mapping42191001104159 INV01011462 5,400.00 09/08/202300000312 NEARMAP US INCW1 Renewal of aerial imagery soft14301001100000 INV01001272 2,533.88 09/08/202300000312 NEARMAP US INCW1 Renewal of aerial imagery soft43620011104190 INV01001272 17,737.02 09/08/202300000313 SANT MADEW1 Website Hosting & Main. - Sept43620011104190 2729 700.00 09/08/202300000314 STAPLES BUSINESS ADVANTAGEW1 Batteries & Forks42110001104159 3544901294 48.24 09/08/202300000314 STAPLES BUSINESS ADVANTAGEW1 Floor Mat42110001104111 3544449015 59.25 09/08/202300000315 THE ALTUM GROUPW1 ENG/DESIGN SRVS - ADA CAHUILLA43880002204800 8819 13,361.50 09/08/202302000517 BURRTECW1 MAY23Collection of Solid Waste43090002364195 53123 21,078.12 09/08/202302000517 BURRTECW1 JU23 Collection of Solid Waste43090002364195 63023 2,192.96 09/08/202302000518 COACHELLA VALLEY ASSOCIATIONW1 SHARED COST PORTOLA / I-1044001002134351 CV23303-23 2,201.00 09/08/202302000518 COACHELLA VALLEY ASSOCIATIONW1 FY22/23 3RD QUARTER AB276643630002384515 CV23229-23 13,029.62 09/08/202302000519 DUDEK & ASSOCIATES INC.W1 AMEND NO. 5 ADD DESIGN P758-1444001004514692 202200599 14,998.75 09/08/202302000520 FIRESTATIONFURNITURE.COMW1 PURCHASE FURNITURE - FS 3344040002304220 5575 10,074.51 09/08/202302000520 FIRESTATIONFURNITURE.COMW1 FURNITURE PURCHASED - FS 3344040002304220 5576 1,939.49 09/08/202302000521 JTB SUPPLY COMPANY INC.W1 TRAFFIC SIGNAL CABINETS50009062134250 112284 46,503.82 09/08/202302000522 SLADDEN ENGINEERINGW1 SOIL MATERIALS TESTING P512-2143320002114311 51985 7,280.00 09/08/202302000522 SLADDEN ENGINEERINGW1 SOIL MATERIALS TESTING P752-2143320002134311 51680 350.00 09/08/202302000522 SLADDEN ENGINEERINGW1 SOIL MATERIALS TESTING P752-2143320002134311 51680 50.00 09/08/202302000523 TRAFFICALM SYSTEMSW1 TRAFFIC SUPPLIES43325001104250 213203-04 14,132.49 09/08/2023Report Date 2Page City & Housing DocuSign Envelope ID: 88EA1400-CC0B-4574-985C-E6CE548270B1 Page 96 of 347 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 9/8/2023 - 9/8/2023 City of Palm Desert Account Number 09/08/202302000524 ANDERSON COMMUNICATION INCW1 JUL23 RADIO REPEATER SERVICE43650001104310 19828B 250.00 09/08/202302000524 ANDERSON COMMUNICATION INCW1 AUG23 RADIO REPEATER SERVICE43650001104310 19892B 250.00 09/08/202302000525 B-OK LOCKSMITHW1 VEHICLE SPARE KEYS43340001104331 123768 202.36 09/08/202302000526 CAL STRIPE INCW1 Storm Cleanup-Waterblaster42191001104159 23108-0F 21,515.00 09/08/202302000527 CALIFORNIA FORWARDW1 Calif FWD Econ Summit Reg.43120001104430 2023-236 1,350.00 09/08/202302000528 CASH, PETTYW1 CC Mtg. Serving Trays43090001104110 CASTEL 08.22.23 77.58 09/08/202302000528 CASH, PETTYW1 CC Mtg. Snacks 7.13.2343125001104110 CASTELLA 7.12.23 31.54 09/08/202302000528 CASH, PETTYW1 CC Mtg. Snacks 08.24.2343125001104110 CASTELL 08.22.23 87.00 09/08/202302000529 CHARTER COMMUNICATIONSW1 AUG23 Internet Services43650001104190 0345093081623 534.00 09/08/202302000530 CHRISTINE MARQUEZW1 Oct 26 Concerts in the Park43061011104416 PD-1 2,000.00 09/08/202302000531 COACHELLA VALLEY WATER DIST.W1 AUG23 26 CONSTRUCTION43510001104330 306823768022AG23 174.65 09/08/202302000531 COACHELLA VALLEY WATER DIST.W1 AUG23 68 CONSTRUCTION43510001104330 306749767878AG23 416.97 09/08/202302000532 DESERT RECYCLING INCW1 JUL23 RECYCLING FACILITY FEES43320001104310 16982 754.00 09/08/202302000533 DESERT VALLEYS BUILDERS ASSOCIATIONW1 DVBA - 9/13/2023 Luncheon - VM43125001104430 DVBA-091323LUNCH 45.00 09/08/202302000534 DESERT WILLOW GOLF COURSEW1 07/20/23 OUTDOOR WORKERS DAY43090001104159 14668-1 3,680.74 09/08/202302000535 FEDERAL EXPRESS CORP.W1 Mailing Bus Renewal to HDL43660001104422 8-234-64119 26.09 09/08/202302000536 FLORES , CARLOSW1 APA CNFC 9/16-19/23 C FLORES11501001100000 ADV PRDM-9/19/23 241.50 09/08/202302000536 FLORES , CARLOSW1 APA CNFC 9/16-19/23 C FLORES14301001100000 ADV LDG-9/19/23 647.49 09/08/202302000536 FLORES , CARLOSW1 APA CNFC 9/16-19/23 C FLORES14301001100000 ADV MLG-9/19/23 444.09 09/08/202302000537 FRANCOIS ROSSW1 Oct 5 Concerts in the Park43061011104416 CJ100523-001 2,100.00 09/08/202302000538 GLS USW1 ABC Palm Desert43660001104111 5109140 3.80 09/08/202302000538 GLS USW1 City of PD RTS43660001104111 5104014 3.80 09/08/202302000539 HR GREEN PACIFIC INCW1 TRAFFIC ENG / DESIGN P569-2250009062134250 165650 5,866.00 09/08/202302000539 HR GREEN PACIFIC INCW1 DW TEE BOX LEVELING48092004414195 165682 280.00 09/08/202302000539 HR GREEN PACIFIC INCW1 Broadband Study July '2343090001104430 165685 2,895.50 09/08/202302000540 IMPERIAL SPRINKLER SUPPLY INCW1 PURCHASE CALSENSE IRRIGATION44001004004388 0011724052-001 5,544.16 09/08/202302000540 IMPERIAL SPRINKLER SUPPLY INCW1 PURCHASE CALSENSE IRRIGATION44001004004388 0011725598-001 4,477.72 09/08/2023Report Date 3Page City & Housing DocuSign Envelope ID: 88EA1400-CC0B-4574-985C-E6CE548270B1 Page 97 of 347 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 9/8/2023 - 9/8/2023 City of Palm Desert Account Number 09/08/202302000541 KEVIN SWARTZW1 0823KS-MILEAGE43115001104340 0832-APWAPWX-KS 159.82 09/08/202302000541 KEVIN SWARTZW1 08-23APWA-KS-PERDIEM43120001104340 0832-APWAPWX-KS 333.00 09/08/202302000541 KEVIN SWARTZW1 08-23APWA-KS-LODGING43120001104340 0832-APWAPWX-KS 1,240.12 09/08/202302000541 KEVIN SWARTZW1 08-23APWA-KS-PARKING43120001104340 0832-APWAPWX-KS 50.00 09/08/202302000541 KEVIN SWARTZW1 08-23APWA-KS-REG43120001104340 0832-APWAPWX-KS 829.00 09/08/202302000542 KNORR SYSTEMS INCW1 UV Disinfect Gen System - PDAC43311012424549 208092 48,504.33 09/08/202302000543 LEADERSHIP COACHELLA VALLEYW1 K. Quintanilla LCV Tuition43886001104800 484 1,200.00 09/08/202302000544 LOWE'S HOME CENTERS INC.W1 TRAFFIC SUPPLIES42190001104250 994289-072523 46.03 09/08/202302000544 LOWE'S HOME CENTERS INC.W1 TRAFFIC SUPPLIES42190001104250 996319-081723 37.65 09/08/202302000545 MOMAR INCORPORATEDW1 GRAFFITI REMOVAL SUPPLIES43915021104310 PSI512668 1,702.19 09/08/202302000546 NANCE, MICHELLEW1 Reimburse: Golf Cart Parade43061011104416 105566 36.85 09/08/202302000546 NANCE, MICHELLEW1 Reimburse: Golf Cart Parade43061011104416 171250 23.48 09/08/202302000547 NetFile IncW1 Hosted software for the effici43620011104190 8846 4,575.00 09/08/202302000548 OLSON, DUWAYNEW1 CONSTEXAMCENTER,9/17-22,DOLSON11501001100000 ADV PRDM 9/22/23 379.50 09/08/202302000548 OLSON, DUWAYNEW1 CONSTEXAMCENTER,9/17-22,DOLSON11501001100000 ADV LDG 9/22/23 785.35 09/08/202302000548 OLSON, DUWAYNEW1 CONSTEXAMCENTER,9/17-22,DOLSON11501001100000 ADV MILE 9/22/23 311.78 09/08/202302000549 OZZIE'S INTERNATIONAL TIRE & AUTOW1 R/M VEH #069 CITY OWNED43340001104331 33786 61.53 09/08/202302000549 OZZIE'S INTERNATIONAL TIRE & AUTOW1 R/M VEH #66 CITY OWNED43340001104331 33886 1,907.18 09/08/202302000549 OZZIE'S INTERNATIONAL TIRE & AUTOW1 R/M VEH #47 CITY OWNED43340001104331 34029 519.41 09/08/202302000549 OZZIE'S INTERNATIONAL TIRE & AUTOW1 R/M VEH #47 CITY OWNED43340001104331 34111 1,921.12 09/08/202302000549 OZZIE'S INTERNATIONAL TIRE & AUTOW1 R/M VEH #68 CITY OWNED43340001104331 33950 205.24 09/08/202302000550 PBK ARCHITECTS INCW1 DESIGN / CONSTRUCTION NSFS 10244001002354270 PP#05 3,300.00 09/08/202302000551 PORTOLA PALMS HOMEOWNERS ASSNW1 HOA Fees for Prtola Palms #12943370008734195 SEPT 1922585 275.00 09/08/202302000552 PORTOLA PALMS HOMEOWNERS ASSNW1 HOA Fees for Prtola Palms #7343370008734195 SEPT 1922815 275.00 09/08/202302000553 QUADIENT LEASING USA INCW1 9.20.23-12.19.23 Lease Payment43420001104159 N10077642 1,173.36 09/08/202302000554 QUINTANILLA, KARINAW1 LOCC 9/6-9/22 K.QUINTANILLA43120001104110 PRDM 9/9/22 259.00 09/08/202302000554 QUINTANILLA, KARINAW1 LOCC 9/6-9/22 K.QUINTANILLA43120001104110 PARKING 9/9/22 30.75 09/08/2023Report Date 4Page City & Housing DocuSign Envelope ID: 88EA1400-CC0B-4574-985C-E6CE548270B1 Page 98 of 347 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 9/8/2023 - 9/8/2023 City of Palm Desert Account Number 09/08/202302000554 QUINTANILLA, KARINAW1 LOCC 9/6-9/22 K.QUINTANILLA43120001104110 RENTAL 9/9/22 309.00 09/08/202302000555 RETAIL MARKETING SERVICESW1 July23 Shopping Cart Retrieval43090001104422 189108 1,180.00 09/08/202302000556 RIVERSIDE COUNTY CLERK/RECORDERW1 Release of Liens43640001104422 23-208116 40.00 09/08/202302000557 SAM'S FENCE COMPANYW1 Temp Chain Fnc-43800 Florine43055001104422 20642 1,975.00 09/08/202302000558 SINATRA & COOK PROJECT LLCW1 iHUB Rent - Month 4443450004254430 MNTH44OCT2023 17,119.23 09/08/202302000559 SKYLINE SAFETY AND SUPPLYW1 Liquid IV for Code Officers42110001104422 7772 286.27 09/08/202302000560 THE MIGHTY UNTOUCHABLES LLCW1 Mighty Untouchables - Oct 1243061011104416 10122023 6,000.00 09/08/202302000561 TPX COMMUNICATIONSW1 Internet/ Phone Svc 8/23-9/2343650001104190 173859903-0 5,722.35 09/08/202302000562 TRI STAR CONTRACTING II INCW1 Storm Cleanup-GeraldFord &Cook42191001104159 2182G 3,976.79 09/08/202302000562 TRI STAR CONTRACTING II INCW1 Storm Cleanup-CAT Loader/Excav42191001104159 2182G-2 12,173.13 09/08/202302000562 TRI STAR CONTRACTING II INCW1 Storm Cleanup-CAT Loader/Excav42191001104159 2182G-3 12,649.01 09/08/202302000562 TRI STAR CONTRACTING II INCW1 Storm Cleanup-Portola&Haystack42191001104159 2182G-4 4,560.79 09/08/202302000562 TRI STAR CONTRACTING II INCW1 Storm Cleanup-Painters Path42191001104159 2182G-5 7,050.42 09/08/202302000562 TRI STAR CONTRACTING II INCW1 Storm Cleanup-Painter Path42191001104159 2182G-6 1,970.07 09/08/202302000562 TRI STAR CONTRACTING II INCW1 Storm Cleanup-De-Mobilize42191001104159 2182G-7 1,458.01 09/08/202302000563 TRIPEPI SMITH & ASSOCIATES INCW1 Palm Desert 2023 Redistricting43090001104114 10706 5,000.00 09/08/202302000563 TRIPEPI SMITH & ASSOCIATES INCW1 Palm Desert 2023 Redistricting43090001104114 10705 4,610.00 09/08/202302000564 WEST COAST ARBORISTS INCW1 Desert Pointe Apts-Hurr Hilary43310008718630 203988 829.75 09/08/202302000565 WILLCORPW1 Storm Cleanup-Equipment Rental42191001104159 2132 7,875.50 09/08/202302000565 WILLCORPW1 Storm Cleanup-Equipment Rental42191001104159 2133 3,563.48 09/08/202302000565 WILLCORPW1 Storm Cleanup-Equipment Rental42191001104159 2134 3,309.13 09/08/202302000565 WILLCORPW1 Storm Cleanup-Equipment Rental42191001104159 2135 5,842.00 09/08/202302000565 WILLCORPW1 Storm Cleanup-Equipment Rental42191001104159 2136 10,810.45 09/08/202302000565 WILLCORPW1 Storm Cleanup-Equipment Rental42191001104159 2137 6,607.00 09/08/202302000565 WILLCORPW1 Storm Cleanup-Equipment Rental42191001104159 2138 4,923.00 09/08/202302000565 WILLCORPW1 Storm Cleanup-Equipment Rental42191001104159 2139 6,900.00 09/08/2023Report Date 5Page City & Housing DocuSign Envelope ID: 88EA1400-CC0B-4574-985C-E6CE548270B1 Page 99 of 347 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 9/8/2023 - 9/8/2023 City of Palm Desert Account Number Examined and Approved Total For Bank ID - W1 634,297.51City Manager Examined and Approved Mayor or Mayor Pro-Tem Audited and Found Correct Director of Finance 09/08/2023Report Date 6Page City & Housing DocuSign Envelope ID: 88EA1400-CC0B-4574-985C-E6CE548270B1 Page 100 of 347 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 9/14/2023 - 9/14/2023 City of Palm Desert Account Number 09/14/202300000317 Amazon Capital Services Inc.W1 Assistive Listening Equipment43090001104114 1JQM-RJFG-77W7 843.94 09/14/202300000317 Amazon Capital Services Inc.W1 P-Touch Tape for Label Maker42191001104211 1JQM-RJFG-77W7 21.94 09/14/202300000318 BURRTECW1 Tax Roll Payment22826006100000 INV-08-23-2023 70,438.72 09/14/202300000318 BURRTECW1 Franchise Fee22826006100000 INV-08-23-2023 -2,817.55 09/14/202300000318 BURRTECW1 Admin Fee22826006100000 INV-08-23-2023 -1,404.93 09/14/202300000318 BURRTECW1 Recycle Fee22826006100000 INV-08-23-2023 -4,516.64 09/14/202300000318 BURRTECW1 Vehicle Impact Fee22826006100000 INV-08-23-2023 -2,887.99 09/14/202300000319 C V A GW1 AUGUST 2023 TUMF22825006100000 PDTUMF082023 53,550.00 09/14/202300000320 CDW LLCW1 Adobe Sign Renewal FY232443620011104190 LR51876 2,239.81 09/14/202300000320 CDW LLCW1 FY2324 New Equipment for Staff44040001104190 LL88143 90.20 09/14/202300000320 CDW LLCW1 FY2324 New Equipment for Staff44040001104190 KN53203 102.14 09/14/202300000320 CDW LLCW1 FY2324 Equipment Replacement44040005304190 LN83807 1,097.84 09/14/202300000320 CDW LLCW1 FY2324 Equipment Replacement44040005304190 LP24673 106.22 09/14/202300000320 CDW LLCW1 FY2324 Equipment Replacement44040005304190 LN20190 2,095.96 09/14/202300000320 CDW LLCW1 FY2324 Equipment Replacement44040005304190 LN79118 8,535.61 09/14/202300000320 CDW LLCW1 FY2324 Equipment Replacement44040005304190 LT30570 181.54 09/14/202300000320 CDW LLCW1 FY2324 Equipment Replacement44040005304190 KN75364 1,740.41 09/14/202300000320 CDW LLCW1 Car charger42120001104190 LC47671 56.08 09/14/202300000320 CDW LLCW1 New cloud backup software43620011104190 KP53711 1,069.20 09/14/202300000320 CDW LLCW1 FY2324 New Equipment for Staff44040001104190 KP41448 1,014.21 09/14/202300000320 CDW LLCW1 FY2324 New Equipment for Staff44040001104190 KT67128 755.86 09/14/202300000320 CDW LLCW1 FY2324 New Equipment for Staff44040001104190 KT29449 1,045.16 09/14/202300000320 CDW LLCW1 FY2324 Equipment Replacement44040005304190 KZ63941 9,018.68 09/14/202300000321 COACHELLA VALLEY CONSERVATIONW1 AUGUST 2023 MSHCP22808006100000 PDMSHCP082023 41,566.75 09/14/202300000321 COACHELLA VALLEY CONSERVATIONW1 LESS1% ADMIN FEE22808006100000 PDMSHCP082023 -415.67 09/14/202300000322 ECS IMAGING INCW1 Laserfiche Annual Exp 10/3/2414301001100000 18112 14,973.57 09/14/202300000322 ECS IMAGING INCW1 Laserfiche Annual Support FY2343620011104190 18112 44,920.73 09/14/2023Report Date 1Page City & Housing DocuSign Envelope ID: 0D5349E3-840F-4F48-8631-5B639E73298C Page 101 of 347 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 9/14/2023 - 9/14/2023 City of Palm Desert Account Number 09/14/202300000323 FAMILY YMCA OF THE DESERTW1 AQUATIC CTR - SUPPLIES42190002424549 052023 4,748.46 09/14/202300000323 FAMILY YMCA OF THE DESERTW1 AQUATIC CTR - OTHER EXPENSES43090002424549 052023 25,129.86 09/14/202300000323 FAMILY YMCA OF THE DESERTW1 AQUATIC CTR - OTHER EXPENSES43090002424549 052023 2,784.30 09/14/202300000323 FAMILY YMCA OF THE DESERTW1 AQUATIC CTR - MANAGEMENT FEE:43093002424549 052023 13,750.00 09/14/202300000323 FAMILY YMCA OF THE DESERTW1 AQUATIC CTR - FOOD / MERCHANDI48011002424549 052023 955.70 09/14/202300000323 FAMILY YMCA OF THE DESERTW1 AQUATIC CTR - CONTRACTED LABOR48021012424549 052023 55,713.22 09/14/202300000323 FAMILY YMCA OF THE DESERTW1 AQUATIC CTR - CONTRACTED LABOR48021012424549 052023 62,558.55 09/14/202300000324 FG CREATIVE INCW1 Merchant Business Outreach on43090001104430 10166 1,500.00 09/14/202300000325 FRIEDMAN IMAGINGW1 DS SCANNING SRVS-TRCT MPS43610001104422 2023031 8,436.65 09/14/202300000325 FRIEDMAN IMAGINGW1 DS SCANNING SRVS-TRCT MPS43610001104470 2023031 3,813.63 09/14/202300000326 GRANICUS INCW1 3 Essential pkg, boards & comm43620011104190 169928 16,590.00 09/14/202300000327 IDEAPEDDLER LLCW1 Strategy & Account - September43090001104417 2253 4,416.66 09/14/202300000327 IDEAPEDDLER LLCW1 Social Media - September43090001104417 2251 2,416.66 09/14/202300000327 IDEAPEDDLER LLCW1 Media Management - September43090001104417 2250 4,416.66 09/14/202300000327 IDEAPEDDLER LLCW1 Public Relations - September43090001104417 2252 2,916.66 09/14/202300000328 MAAS COMPANIES INCW1 General Admin - Aug2343090001104159 083123.07 20,767.50 09/14/202300000329 MICHAEL BAKER INTERNATIONAL INCW1 ON-CALL SURVEYING AND PLAN REV43010001104300 1185060 6,836.90 09/14/202300000329 MICHAEL BAKER INTERNATIONAL INCW1 ON-CALL SURVEYING AND PLAN REV43010001104300 1185037 4,278.20 09/14/202300000329 MICHAEL BAKER INTERNATIONAL INCW1 AMENDMENT NO. 443010001104300 1185037 150,000.00 09/14/202300000329 MICHAEL BAKER INTERNATIONAL INCW1 ON-CALL SURVEYING AND PLAN REV43010001104300 1185037 61,746.80 09/14/202300000330 PALM DESERT CHAMBER OF COMMERCEW1 PDACC Connection Lunch-KQ, ET43125001104110 74550 50.00 09/14/202300000330 PALM DESERT CHAMBER OF COMMERCEW1 EPBID Chamber Membership43695002714491 74383 425.00 09/14/202300000331 SAME DAY EXPRESSW1 AUG23Maint of City's permanen43372004364650 090123 4,600.00 09/14/202300000332 STAPLES BUSINESS ADVANTAGEW1 Post-it Notes (with tax)42110001104159 3546043839 9.08 09/14/202300000332 STAPLES BUSINESS ADVANTAGEW1 Supplies for Supply Room42110001104159 3546043839 34.48 09/14/202300000332 STAPLES BUSINESS ADVANTAGEW1 Versadesk for City Engineer43915001104154 8071415318 452.54 09/14/202300000332 STAPLES BUSINESS ADVANTAGEW1 Supplies, Emergency Svcs Coord42191001104211 8071415318 119.51 09/14/2023Report Date 2Page City & Housing DocuSign Envelope ID: 0D5349E3-840F-4F48-8631-5B639E73298C Page 102 of 347 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 9/14/2023 - 9/14/2023 City of Palm Desert Account Number 09/14/202300000333 Strategies 360 INC.W1 SEP23 Lobbying & Gov Relatio43090001104159 INV23939 4,000.00 09/14/202300000334 VERIZON WIRELESS SERVICES LLCW1 EOC AUG8-SEP722899501100000 9943803519 116.24 09/14/202300000335 WILLDAN FINANCIAL SERVICESW1 Consulting Svcs thru 7/28/2343090001104159 010-55681 500.00 09/14/202302000568 BARRON, JOEW1 CALBO 8/30/23 J.BARRON43115001104150 MILEAGE 8/30/23 148.03 09/14/202302000569 BURRTECW1 JULY23Collection ofSolidWaste,43090002364195 73123 1,879.15 09/14/202302000570 BURRTECW1 TRASH PICKUP SRV PP East43518002774373 433101-09/23 8,439.96 09/14/202302000570 BURRTECW1 TRASH PICKUP SRV PP West43518002774373 433104-09/23 6,905.16 09/14/202302000570 BURRTECW1 73710 FW TRASH PICKUP SRV43696015104195 208162-09/23 482.75 09/14/202302000570 BURRTECW1 73720 FW TRASH PICKUP SRV43696025104195 208189-09/23 350.87 09/14/202302000571 C V A GW1 Alan Seman Bus Pass Program FY43630001104212 CV24027-23 3,000.00 09/14/202302000571 C V A GW1 The CVAG Housing First Program43921001104212 CV24036-23 100,000.00 09/14/202302000572 CALIFORNIA BUILDING OFFICIALSW1 CALBO 10/23-24/23 A.MARRON43120001104421 16859 290.00 09/14/202302000572 CALIFORNIA BUILDING OFFICIALSW1 CALBO 10/23-25/23 A.HODGES43120001104421 16858 435.00 09/14/202302000573 CASH, PETTYW1 CSMFO WEBINAR-8/24/2343120001104150 CABRERA 8/17/23 25.00 09/14/202302000573 CASH, PETTYW1 HR SUPPLIES42190001104154 VASQUEZ 7/24/23 57.10 09/14/202302000573 CASH, PETTYW1 15 MIN SESSION SUPPLIES42190001104154 MOLINA 9/6/23 33.67 09/14/202302000573 CASH, PETTYW1 LIVE SCAN -MARIO G43056001104154 GARCIA 8/17/23 59.00 09/14/202302000573 CASH, PETTYW1 PDU F&B 8/17/2343121011104154 MOLINA 8/17/23 110.83 09/14/202302000573 CASH, PETTYW1 PDU SNACKS 7/27/2343121011104154 MOLINA 7/26/23 18.05 09/14/202302000573 CASH, PETTYW1 DONUTS PDU 7/24/2343125001104154 VASQUEZ 7/24/23 31.00 09/14/202302000573 CASH, PETTYW1 ABC LIVESCAN PDRFC43090001104159 ESCOBEDO 8/15/23 30.00 09/14/202302000573 CASH, PETTYW1 ABC LIVESCAN PDRFC43090001104159 ORTEGA 8/15/23 30.00 09/14/202302000573 CASH, PETTYW1 COMMUNITY GALLERY SUPPLIES42190004364650 POWELL 8/11/23 11.83 09/14/202302000574 CASL INTERPRETINGW1 On-Call ASL Interpreter 9/6/2343090001104114 1807602A 380.00 09/14/202302000575 CEJA, ERICW1 IEDC 9/16-20/23 E.CEJA11501001100000 ADV LDG 9/20/23 633.13 09/14/202302000575 CEJA, ERICW1 IEDC 9/16-20/23 E.CEJA11501001100000 ADV PRDM 9/20/23 310.50 09/14/202302000576 CHARTER COMMUNICATIONSW1 T230330103 Target ID43042001104210 23-222802 50.00 09/14/2023Report Date 3Page City & Housing DocuSign Envelope ID: 0D5349E3-840F-4F48-8631-5B639E73298C Page 103 of 347 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 9/14/2023 - 9/14/2023 City of Palm Desert Account Number 09/14/202302000577 COACHELLA VALLEY ASSOCIATIONW1 FY22/23 4th Quarter AB276643630002384515 CV23316-23 12,729.14 09/14/202302000578 COACHELLA VALLEY WATER DISTRICTW1 PALM DESERT TURF REBATE PRGR43915034004437 19230 140,681.00 09/14/202302000578 COACHELLA VALLEY WATER DISTRICTW1 PALM DESERT TURF REBATE PRGR43915034004437 19230 17,989.00 09/14/202302000579 DATA TICKET INCW1 PRKNG TICKET PROCESSING-JUL2343090001104422 154859 169.08 09/14/202302000580 DESERT ARCW1 6 in office Shred Bins Shreddi43090001104111 6143 262.50 09/14/202302000581 ESCOBEDO, CHRISTOPHERW1 LOCC 9/20 - 9/22/23 C. Escobed11501001100000 ADV LDG 09.22.23 516.82 09/14/202302000581 ESCOBEDO, CHRISTOPHERW1 LOCC 9/20 - 9/22/23 C. Escobed11501001100000 ADV PRDM 9.22.23 172.50 09/14/202302000581 ESCOBEDO, CHRISTOPHERW1 LOCC 9/20 - 9/22/23 C. Escobed11501001100000 ADV MILE 9.22.23 107.42 09/14/202302000582 FEDERAL EXPRESS CORP.W1 Mailing of BL to HDL43660001104422 8-241-83250 26.20 09/14/202302000582 FEDERAL EXPRESS CORP.W1 8-205-56586 -late fee43660001104422 8-241-83250 2.03 09/14/202302000582 FEDERAL EXPRESS CORP.W1 Mail to RPM from Housing43660008714195 8-241-83250 56.58 09/14/202302000583 FRANKLIN TRUCK PARTS INCW1 R/M TO HISTORICAL FIRE TRUCK43340001104331 IN349970 877.10 09/14/202302000584 GLICKMAN, DEBORAHW1 IEDC 9/16-20/23 D.GLICKMAN11501001100000 ADV PRDM 9/23/23 310.50 09/14/202302000585 GOVERNMENT FINANCE OFFICERSW1 GFOA GAAP 12/14/23 L. Urban43120001104150 3121284 135.00 09/14/202302000586 GREATER COACHELLA VALLEY CHAMBERW1 All Valley Mayor Lunch-Trubee43125001104110 24574 79.00 09/14/202302000587 JOHN KALISKI ARCHITECTS INCW1 OBJCTV DSN STNDRS - JUL2343090001104470 6598 39,557.66 09/14/202302000588 LA PRENSA HISPANAW1 Elections Printing/Advertising43090001104114 861 750.00 09/14/202302000588 LA PRENSA HISPANAW1 Elections Printing/Advertising43090001104114 859 360.00 09/14/202302000589 LSL CPAsW1 Audit Svcs43020001104151 57871 15,777.00 09/14/202302000589 LSL CPAsW1 GANN Limit Ver for FYE 6/30/2343020001104151 57871 463.00 09/14/202302000590 PALM SPRINGS EVENTS COMPANY LLCW1 Oct 19 Concerts in the Park S43061011104416 10-19-2023 CONCE 2,000.00 09/14/202302000591 PALMER ELECTRICW1 CITY HALL INSTALL SWITCHES43310001104340 4366 670.00 09/14/202302000591 PALMER ELECTRICW1 ELECT REPAIRS-CC PARK43321001104610 4112 1,850.00 09/14/202302000591 PALMER ELECTRICW1 ELECT REPAIRS-ENTRADA EL PASEO43921011104614 4461 226.00 09/14/202302000591 PALMER ELECTRICW1 SHERIFF STATION LED LIGHTS43695005104195 4366 1,235.50 09/14/202302000592 SOULE, THOMASW1 ESTO 8/19-23/23 T.Soule43115001104417 MILE 8/23/23 3.41 09/14/202302000592 SOULE, THOMASW1 ESTO 8/19-23/23 T.Soule43120001104417 PRDM 8/23/23 310.50 09/14/2023Report Date 4Page City & Housing DocuSign Envelope ID: 0D5349E3-840F-4F48-8631-5B639E73298C Page 104 of 347 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 9/14/2023 - 9/14/2023 City of Palm Desert Account Number 09/14/202302000592 SOULE, THOMASW1 ESTO 8/19-23/23 T.Soule43120001104417 LDG 8/23/23 819.52 09/14/202302000592 SOULE, THOMASW1 ESTO 8/19-23/23 T.Soule43120001104417 REG 8/23/23 1,025.00 09/14/202302000592 SOULE, THOMASW1 ESTO 8/19-23/23 T.Soule43120001104417 AIR 8/23/23 870.20 09/14/202302000593 T-MOBILE USA INCW1 Sheriff Timing Advance43042001104210 29542854903 25.00 09/14/202302000593 T-MOBILE USA INCW1 Sheriff Timing Advance43042001104210 9541737283 25.00 09/14/202302000594 VERIZON SELECT SERVICES INCW1 AUG23 Toll Free43650001104159 131822689AG23 0.92 09/14/202302000595 VERIZON WIRELESS SERVICES LLCW1 Verizon Jul24-Aug2322899501100000 9942732409 6,350.77 09/14/202302000595 VERIZON WIRELESS SERVICES LLCW1 VerizonMIFI JL23-AG2822899501100000 9943104115 1,585.01 09/14/202302000596 VISIT GREATER PALM SPRINGSW1 GPSTBID Remittance Apr-June2322865006100000 4TH QTR-C41730 45,092.37 09/14/202302000596 VISIT GREATER PALM SPRINGSW1 LESS 5% ADMIN FEE22865006100000 4TH QTR-C41730 -2,254.62 09/14/202302000597 WITTMAN ENTERPRISES LLCW1 AUG23 Consultant Services43090002304220 23080547 14,053.00 Examined and Approved Total For Bank ID - W1 1,136,125.19City Manager Examined and Approved Mayor or Mayor Pro-Tem Audited and Found Correct Director of Finance 09/14/2023Report Date 5Page City & Housing DocuSign Envelope ID: 0D5349E3-840F-4F48-8631-5B639E73298C Page 105 of 347 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 9/14/2023 - 9/14/2023 City of Palm Desert Account Number 09/14/202300002507 IS PALM DESERT LPW3 SEPT23 SEWER RENT PAYMENT43740007034121 SEPT2023 11,639.40 Examined and Approved Total For Bank ID - W3 11,639.40City Manager Examined and Approved Mayor or Mayor Pro-Tem Audited and Found Correct Director of Finance 09/14/2023Report Date 6Page Successor Agency DocuSign Envelope ID: 0D5349E3-840F-4F48-8631-5B639E73298C Page 106 of 347 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: September 28, 2023 PREPARED BY: Shelby Goodwin, Special Events Coordinator REQUEST: APPROVAL OF THE 2023 PALM DESERT GOLF CART PARADE RECOMMENDATION: 1. Permit the sale, possession, and consumption of alcoholic beverages on Public Property pursuant to Palm Desert Municipal Code 9.58.040. 2. Waive Palm Desert Municipal Code Section 11.01.140 – Amplified Sound, during the event. 3. Approve a budget transfer of $25,000 from the Police Services Account No. 1104210- 4304000 to Account No. 1104210-4304200 (Police Contingency). 4. Authorize the City Manager to execute any documents that may be necessary to facilitate the event. BACKGROUND/ANALYSIS: The 59th annual Palm Desert Golf Cart Parade presented by the Palm Desert Area Chamber of Commerce (the Chamber) is scheduled to take place on Sunday, October 29, 2023, on El Paseo. The theme for this year’s event is Golf Cart Time Machine – Take me to ’73. This year’s event will include a Kids Zone, food vendors, two beer gardens, car show, business expo, senior seating area, VIP seating area, Veteran’s seating area, live music, themed golf cart floats, and much more. The City has been a title sponsor of the parade and a strong supporter of this event for several years. As part of the FY 2023/2024 budget, the City Council approved a $60,000 monetary sponsorship for this year’s event in honor of Palm Desert’s 50th Anniversary. This was an increase from the FY 2022/2023 sponsorship amount which was $25,000 plus in-kind services for the City to handle traffic control and road closures for the event. With the increased sponsorship for the 2023 event, the Chamber is responsible for contracting with Tops N Barricades to provide traffic control and road closures for the event and is expected to elevate and expand the event to celebrate the City’s 50th Anniversary. With elevation in mind, recognizing the importance of digital platforms in today’s world, the Chamber has developed an interactive website dedicated to the parade. This website will serve as a hub of information, including participant registration, route details, and FAQs. Moreover, it will allow users to engage with the event by featuring photo galleries and updates. The Chamber has contracted with Palm Springs Life (PSL) for an extensive marketing campaign. In addition to PSL’s marketing, during the month of October, there will be a digital billboard on display, ads on 13 radio stations, and commercials on two television stations. The parade will feature an increased amount of live radio remotes along the parade route to better showcase the float entries, as well as businesses and sponsors that are involved with the event. The Coachella Valley Firebird’s mascot “Fuego” will also be featured in this year’s event. By elevating the Page 107 of 347 City of Palm Desert Approval of the 2023 Palm Desert Golf Cart Parade Page 2 of 2 parade through these enhanced efforts, the Chamber anticipates a larger turnout and a heightened sense of community enthusiasm. Burrtec will continue to provide portable restrooms and trash and recycling services, at no cost, as part of the City’s franchise agreement, staff recommends that the City continue to provide in- kind public safety services which will be offered by the Riverside County Sheriff’s Office (RSO) and augmented by the Palm Desert Citizens on Patrol. The RSO services require a budget transfer of $25,000 to cover these in-kind services. Legal Review: This report has been reviewed by the City Attorney’s office. Strategic Plan: Approval of the 2023 Palm Desert Golf Cart Parade would help address the following priorities as specified in the 2013-2033 Strategic Plan, Envision Palm Desert – Forward Together:  Economic Development Priority 3: Create and attract entertainment and events to enhance and expand the Palm Desert economy and lifestyle.  Tourism and Marketing Priority 2: Grow existing events and develop new events to enhance the desirability of Palm Desert as a year-round destination. FINANCIAL IMPACT: As part of the FY 2023/2024 Budget, the City Council approved a Golf Cart Parade sponsorship in the amount of $60,000 and $15,000 for the City to construct up to five floats to enter into the parade. Funds are available in Account Numbers 1104800-4302601 and 1100416-4306101. In an effort to separate costs for public safety services related to this City-sponsored event, a reallocation of $25,000 from the Police Services Account No. 1104210-4304000 to Account No. 1104210-4304200 (Police Contingency) is being requested. Moving forward, as part of the budget in future years, public safety services related to City-sponsored and produced events will be included as part of the annual budget request. Page 108 of 347 CITY OF PALM DESERT CITY MANAGER’S OFFICE INTEROFFICE MEMORANDUM Date: September 28, 2023 To: Honorable Mayor and Councilmembers From: Anthony J. Mejia, City Clerk Subject: City Council Meeting of September 28, 2023 Below you will find questions received from the Mayor or Councilmembers and answers provided by City staff regarding tonight’s City Council meeting: ITEM 13a: APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES City staff notes a correction will be made to the September 14, 2023, Study Session Minutes to reflect the absence of Councilmember Nestande. ITEM 13c: APPROVAL OF THE 2023 PALM DESERT GOLF CART PARADE Q1: Is the $25K for Golf Cart parade our contribution to the Chamber via police services or is this in addition to it? A1: This $25,000 is in addition to the $60,000 sponsorship as the City Council previously approved in-kind police services related to this event. The $25,000 will not be paid to the Chamber of Commerce. It is a budget transfer from one City account to another. Q2: Will Burrtec have compost bins on site? Will they be available for the vendors? A2: For the Golf Cart Parade, Burrtec will provide cardboard trash and recycle bins as there won’t be many food vendors present. For the City’s 50th Anniversary Celebration (The Party in the Park), the City will ask Burrtec to provide compost containers for food vendors and attendees. Additionally, beginning in 2024, in accordance with SB 1383, all events taking place in the city with over 2,000 attendees that serve food will be required to work with FIND Food Bank to set up an edible food recovery system. Staff will also work with Burrtec on a plan for collecting non-edible food waste at large scale City-produced events. Page 109 of 347 09/28/2023 Question & Answer Memo Page 2 of 2 ITEM 13i: APPROVE THE ADDITION OF IMPROVEMENTS FOR PUBLIC PARKING AND OPEN SPACE TO APN 620-400-625 TO THE CITY’S CAPITAL IMPROVEMENT PROGRAM Q1: What is the reason for the $76K surplus? Have all of the needs been met? Is there any deferred maintenance or costs that may have been overlooked? Can this be used for training, such as professional development seminars to strengthen support to the volunteers and the community? A1: This fund is restricted to items that supplement direct law enforcement service. Last fiscal year, there was $161,284 carried forward from previous years of unspent revenue. This is on top of the new annual allocation. Our goal has been to expend the previous years’ amounts to reconcile this fund and supply the Sheriff’s department with equipment, tools, and staffing resources. We were able to take care of immediate needs but did not exhaust all the previous year’s grant amounts. Going forward with this plan, we will expend the $76,000 surplus and new allocation on equipment like tactical vests, crime suppression and speed enforcement programs. ITEM 14a: APPROVE AN AGREEMENT WITH KINGDOM CAUSES DBA CITY NET FOR CITY HOMELESS OUTREACH AND ENGAGEMENT SERVICES Q1: In addition to the email, phone, and text communication listed, will City Net have access to the Homelessness Support requests made on the PD App? If so, how soon after the report is made? A1: Yes, City staff will continue to manage all incoming requests for homeless support coming from our City App, email, and phone; and coordinate responses with City Net. Once they have learned the resource system here in Palm Desert, we will work to integrate them into our service request system. Q2: What is the success rate of Landlord Engagement? How is success measured? A2: Program staff will assist all clients on a pathway to housing. That can include a variety of options through coordinated entry, income, and landlord engagement to find viable housing options. Landlord engagement is difficult as rental occupancy rates are very high, leaving limited availability throughout the state. The team makes every effort to identify and engage landlords. Success rates will vary depending on region. Success is measured by identifying viable landlords open to renting to our unhoused participants, and successfully connecting them to move-in. Page 110 of 347 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: September 28, 2023 PREPARED BY: Anthony J. Mejia, City Clerk REQUEST: RESOLUTION AUTHORIZING THE ACCEPTANCE OF ELECTRONICALLY FILED GOVERNMENT CLAIMS RECOMMENDATION: Adopt a resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING ACCEPTANCE OF ELECTRONICALLY FILED GOVERNMENT CLAIMS.” BACKGROUND/ANALYSIS: Government Code Section 915 prescribes the methods for presentation and consideration of claims against the City for damages to persons and property, which include delivery or mailing of a paper claim form to the City Clerk. Senate Bill 1473 amended Government Code 915 to provide for electronic filing of claims if expressly authorized by a resolution of the public entity. Following the Hurricane Hilary weather event, City staff desired to simplify and streamline the claims process to allow for the electronic submittal of claims. The City’s website is now equipped with a Laserfiche Claim Form for online completion and submission of claims. Allowing electronic filing of claims will enhance customer service, improve ADA accessibility, and provide for the efficient processing of claims. Legal Review: This report has been reviewed by the City Attorney’s office. FINANCIAL IMPACT: There is no fiscal impact associated with adopting this resolution. ATTACHMENT: Resolution Page 111 of 347 Page 112 of 347 RESOLUTION NO. 2023-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF ELECTRONICALLY FILED GOVERNMENT CLAIMS WHEREAS, Government Code Section 915 prescribes the methods for presentation and consideration of claims; and WHEREAS, Senate Bill 1473 Local Government Omnibus Act of 2020, effective January 1, 2021, amended Government Code Section 915 to provide for electronic filing of claims if expressly authorized by a resolution of the public en tity; and WHEREAS, the City of Palm Desert desires to accept government claims, and send notices of said government claims electronically to enhance customer service and increase efficiencies in City operations; and WHEREAS, “Electronically” means the transmission of a claim document by electronic means to an electronic address designated by the City of Palm Desert, and to the electronic address from which the claim was received unless otherwise requested. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: SECTION 1. The City Council hereby approves and authorizes the acceptance of electronically filed California government claims to the City of Palm Desert pursuant to Government Code Section 915. ADOPTED ON ________________, 20__. KATHLEEN KELLY MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK Page 113 of 347 Resolution No. 2023-____ Page 2 I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2023-__ 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 Page 114 of 347 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: September 28, 2023 PREPARED BY: Marie de Vera, Executive Assistant to City Manager’s Office REQUEST: AUTHORIZE OUT-OF-STATE TRAVEL FOR THE CITY MANAGER TO ATTEND THE INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION ANNUAL CONFERENCE ON SEPTEMBER 30 THROUGH OCTBER 4, 2023, IN AUSTIN, TEXAS RECOMMENDATION: Authorize out-of-state travel for the City Manager to attend the International City/County Management Association Annual Conference on September 30 through October 4, 2023, in Austin, Texas. BACKGROUND: On June 22, 2023, the City Council approved the out-of-state travel requests which included authorization for the Assistant City Manager’s attendance at the International City/County Management Association (ICMA) Annual Conference on September 30 through October 4, 2023, in Austin, Texas. The City Council is requested to authorize out -of-state travel for the City Manager to also attend the ICMA Annual Conference. FINANCIAL IMPACT: Sufficient funding is available in Account 1104130-4312000 (City Manager Conferences/ Seminars). Page 115 of 347 Page 116 of 347 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: September 28, 2023 PREPARED BY: Anthony J. Mejia, City Clerk REQUEST: RATIFY A LETTER OF SUPPORT FOR H.N. & FRANCES C. BERGER FOUNDATION’S RECONNECTING COMMUNITIES PROGRAM FUNDING REQUEST FOR THE THOUSAND PALMS FLOOD CONTROL PROJECT RECOMMENDATION: Ratify a letter of support for the H.N. and Frances C. Berger Foundation’s Reconnecting Communities Program funding request. BACKGROUND/ANALYSIS: The Office of the Secretary of Transportation (OST) released a Notice of Funding Opportunity for the Reconnecting Communities and Neighborhoods (RCN) Program. Funds for the Fiscal Year 2023 RCN Program will be awarded on a competitive basis for projects that advance community- centered connection transportation projects, with a priority for projects that benefit disadvantaged communities, by improving access to daily needs such as jobs, education, health care, food, nature and recreation; fostering equitable development and restoration; and reconnecting communities by removing, retrofitting, or mitigating highways or other transportation facilities that create barriers to community connectivity, including to mobility, access, or economic development. The deadline to submit funding applications is September 28, 2023. The Berger Foundation, County of Riverside, and Coach ella Valley Water District are jointly applying for grant funding for the Thousand Palms Flood Control Project and have sought letters of support from local agencies, including the City of Palm Desert. In City staff’s opinion, upstream improvements in the Thousand Palms area would help relieve the mid -valley channel by reducing the flooding across the I-10 and entering the channel. Due to the time sensitivity of this matter, the Legislative Review Committee (Mayor Kelly and Mayor Pro Tem Quintanilla) authorized issuance of the letter and the City Council is requested to ratify the attached letter. Legal Review: This report has been reviewed by the City Attorney’s office. FINANCIAL IMPACT: There is no fiscal impact related to issuance of this letter. ATTACHMENT: Letter of Support Page 117 of 347 Page 118 of 347 C I T Y O F P A L M D E S E R T 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760-346-0611 INFO@CITYOFPALMDESERT.ORG September 14, 2023 The Honorable Pete Buttigieg Secretary of Transportation 1200 New Jersey Avenue, SE Washington, DC 20590 Re: Letter of Support for H. N. & Frances C. Berger Foundation's Reconnecting Communities Program (RCN) Funding Dear Mr. Secretary: On behalf of the City of Palm Desert, I am writing this letter to wholeheartedly express our strong support for the H. N. & Frances C. Berger Foundation's application to receive federal funds for the Reconnecting Communities and Neighborhoods (RCN) Program, Office of the Secretary of Transportation, U.S. Department of Transportation (DOT). The Berger Foundation has consistently demonstrated a remarkable commitment to addressing community needs and fostering connections crucial for our society's betterment. The Reconnecting Communities Program, as proposed by the Berger Foundation, aligns perfectly with the pressing needs of our communities. In today's fast-paced world, our communities often face challenges related to disconnection, social isolation, and limited access to essential services. The RCN program's emphasis on fostering connections, promoting inclusivity, and providing resources to underserved populations will undoubtedly profoundly impact the lives of those who stand to benefit from it. Berger Foundation's track record of successful initiatives speaks to its ability to effectively execute and manage projects that yield tangible results. Their commitment to accountability, transparency, and community engagement ensures that any funding received will be utilized judiciously and directed toward achieving the program's intended goals. Moreover, the RCN program addresses immediate needs and contributes to our communities' long-term resilience and sustainability. The program will pave the way for stronger, more cohesive neighborhoods that can withstand future challenges by empowering individuals with the tools, knowledge, and opportunities they need to thrive. This funding will allow for stormwater flood control measures that will greatly reduce the impact to the I-10 freeway, and associated frontage roads, rail lines and egresses to many residential communities. The area to be improved by this project lies in an unincorporated territory of Riverside County. Currently on the location is a Catholic high school and the proposed site of a new charitable community hospital that is desperately needed to serve the community. Federal funds invested in the Reconnecting Communities Program will undoubtedly yield multiple-fold returns in terms of improved community well-being, reduced social disparities, and increased civic engagement. The Berger Foundation's dedication to collaboration, evidence-based strategies, and innovative solutions makes them an ideal candidate for such support. Page 119 of 347 In conclusion, the City of Palm Desert wholeheartedly endorses the H. N. & Frances C. Berger Foundation's application for federal funds for the Reconnecting Communities Program. The transformative impact of this program on our communities cannot be overstated, and I believe that the foundation's vision, expertise, and dedication make them deserving recipients of the funding. I am confident that the Reconnecting Communities Program will set a shining example of how community - based initiatives can drive positive change locally and nationally. Thank you for considering our endorsement of this important initiative. I eagerly anticipate the positive outcomes that will certainly result from the partnership between the Berger Foundation and the federal agency. Sincerely, Kathleen Kelly, Mayor City of Palm Desert Page 120 of 347 Page 1 of 3 SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY STAFF REPORT MEETING DATE: September 28, 2023 PREPARED BY: Deborah Glickman, Management Analyst REQUEST: SUCCESSOR AGENCY - APPROVE A PURCHASE AND SALE AGREEMENT BETWEEN THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY AND THE CITY OF PALM DESERT FOR ASSESSOR’S PARCEL NUMBER 620-400-025 RECOMMENDATION: 1. Approve a Purchase and Sale Agreement (PSA) between the Successor Agency to the Palm Desert Redevelopment Agency (SARDA) and the City of Palm Desert for Assessor’s Parcel Number (APN) 620-400-025. 2. Authorize the Executive Director and the SARDA Attorney to make non-monetary changes to the PSA. 3. Authorize the Executive Director to execute the PSA and all related documents for the sale. BACKGROUND/ANALYSIS: APN 620-400-625 (14.46 acres), also referred to as Parcel A, is located adjacent to 34.25 acres of undeveloped land on Desert Willow Drive north of Country Club Drive. To preserve open space for its residents and visitors, the City seeks to acquire the parcel from SARDA for use as public parking and recreational space. To facilitate the construction of the improvements, the City needs to acquire the parcel from the SARDA, and to do so the City needs to enter into a PSA with SARDA for the Fair Market Value (FMV) of $4,600,000 for Parcel A based, on the September 2023 appraisal. The sale of the parcel from SARDA to the City is contingent on approvals from the Riverside County Oversight Board (OB) and the State of California Department of Finance (DOF). Additionally, the City must enter into compensation agreements with Riverside County designated taxing entities. Acquiring the parcel at fa ir market value (FMV), rather than a reduced price, is expected to streamline the necessary approvals for the acquisition to ensure a smoother sales process. Parcel A is on the December 2022, approved Central Inventory of surplus City and SARDA properties. Therefore, in order to dispose of the properties on the Central Inventory, SARDA is required to follow the State’s April 2021 Surplus Land Act (SLA) Guidelines. These Guidelines require that a local agency sell property through a Notice of Availability and subsequent negotiation processes that favor affordable housing. Section 103 of the Guidelines allows for exceptions to this standard SLA process. Specifically, Section 103(3)(d) allows for a property to be declared “Exempt Surplus” on the occasion t hat “Local agency surplus land is transferred to another local, state, or federal agency for the transferee agency’s use.” The City intends to use Page 121 of 347 Successor Agency to the Palm Desert Redevelopment Agency APN 620-400-025 PSA Page 2 of 3 the property for public parking and recreational space. In order to sell the property, SARDA must approve a Resolution declaring it “Exempt Surplus” for the purposes of the SLA. Such a Resolution is on the same SARDA Board meeting agenda as this request (September 28, 2023). Contingent upon the SARDA Board’s approval of the Resolution, the City will also need approval of a PSA between SARDA and the City. Once the SARDA Board approves the PSA, it will be brought forward for approval by the OB and then forwarded to the State of California Department of Finance (DOF), which will have forty (40) days to respond to the PSA. When the PSA is approved by all entities, SARDA will be allowed to sell the property. Additionally, the parcel is listed on the June 2, 2014, DOF approved Long Range Property Management Plan (LRPMP) with a designation of “No Potential”, indicating that at the time that the LRPMP was approved, there was no intended government use for Parcel A and that SARDA will sell it and disburse the proceeds of the sale to the Riverside County designated taxing entities as required. Since the parcel is now being sold for a purpose other than it is designated as on the LRPMP, in addition to the PSA, the City will be required to enter into Compensation Agreements with the aforementioned designated taxing entities. The Palm Desert City Council will be revi ewing the Compensation Agreements at the same meeting as the PSA (September 28, 2023), after which staff will begin engaging with the taxing entities. Once the agreements with the taxing entities are executed, and the PSA and Resolution are approved by th e SARDA Board, staff will bring the item before the OB and DOF for approval to sell the property to the City. Staff estimates that the sale of the parcel will be completed by Q1 2024, dependent on approvals from all entities. Details and location of the property are as follows. Page 122 of 347 Successor Agency to the Palm Desert Redevelopment Agency APN 620-400-025 PSA Page 3 of 3 APN Size (acres) Zoning Property Description General Plan Designation 620-400-025 14.46 Planned Residential (PR-5) Vacant Conventional Suburban Neighborhood Legal Review: This staff report and PSA have been reviewed by the City Attorney’s office and Robert Messinger, Special Counsel for the Economic Development Department. FINANCIAL IMPACT: SARDA will receive the FMV of $4,600,000 for the parcel from the City. Proceeds will be forwarded to the County of Riverside for distribution to the taxing entities, one of which is the City. The City will receive 2.8% of the proceeds ($128,800). ATTACHMENTS: 1. PSA 2. Map of Parcel A Page 123 of 347 Page 124 of 347 AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY (INCLUDING ESCROW INSTRUCTIONS) THIS AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY (the "Agreement") is entered into as of , 2023, (the date of last execution of this Agreement by the parties as indicated on the signature page) by and between the Successor Agency to the Palm Desert Redevelopment Agency, a California public entity (“Seller”), and the City of Palm Desert, a charter city (the "Buyer"). IT IS HEREBY MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS: 1. Agreement to Sell and Purchase. Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller, upon the terms and for the consideration set forth in this Agreement, that certain real property, together with any fixtures and appurtenant improvements thereon (collectively, the "Property"), situated in the City of Palm Desert, County of Riverside, State of California, which is legally described in the Legal Description attached hereto as Exhibit "A" and incorporated herein. 2. Purchase Price. The total purchase price for the Property shall be Four Million Six Hundred Thousand Dollars ($4,600,000) (the "Purchase Price"). Buyer shall pay the Purchase Price by depositing into Escrow, on or before the date for close of Escrow, immediately available funds in the amount of the Purchase Price. 3. Conveyance of Title. Seller agrees to convey by Grant Deed to Buyer marketable fee simple title to the Property, free and clear of all recorded and unrecorded liens, encumbrances, assessments, easements, leases, and taxes except current taxes not yet due and payable; covenants, conditions, restrictions and reservations of records; and easements created by Buyer. 4. Escrow. Buyer and Seller have opened or shall open an escrow (the "Escrow") in accordance with this Agreement at [ (Insert name and address of Escrow Agent)] (the "Escrow Agent"). This Agreement, together with the escrow instructions prepared by Escrow Agent and executed by Buyer and Seller, constitutes the joint escrow instructions of Buyer and Seller, and Escrow Agent to whom these instructions are delivered is hereby empowered to act under this Agreement. The parties hereto agree to do all acts necessary to close this Escrow in the shortest possible time. 4.1 Grant Deed. Prior to the close of Escrow, Seller shall execute, acknowledge and deliver into Escrow a Grant Deed (the "Grant Deed") in a form approved by Escrow Agent. A Certificate of Acceptance shall be executed, acknowledged and delivered into Escrow by Buyer on or before the close of Escrow. Buyer and Seller agree to deposit with Escrow Agent any additional instruments as may be necessary to complete this transaction. 5. Pro Rations; Tax Adjustment Procedure. Escrow Agent is authorized and is instructed to comply with the following pro ration and tax adjustment procedure: Page 125 of 347 Page 2 of 6 5.1 Delinquent Taxes. Escrow Agent shall pay, and charge Seller for, any unpaid delinquent property taxes and/or penalties and interest thereon, and for any delinquent assessments or bonds against the Property. 5.2 Current Taxes. Escrow Agent shall pay, and charge Seller for, any portion of current property taxes and assessments and any penalties and interest thereon allocable to the period prior to the close of Escrow. The portion of current property taxes which would otherwise be allocable to the period after the close of Escrow shall not be allocated, as Buyer is exempt from payment of property taxes. 6. Escrow Agent Authorization. Escrow Agent is authorized to, and shall: 6.1 Pay and Charge Seller. Pay and charge Seller for any amount necessary to place title in the condition necessary to satisfy Section 3 of this Agreement. 6.2 Pay and Charge Buyer. Pay and charge Buyer for any Escrow fees, recording fees and other costs and expenses of Escrow payable under Section 6.7, below. 6.3 Disbursement. Disburse funds, record the Grant Deed and Certificate of Acceptance, and deliver the title policy to Buyer, when conditions of the Escrow have been fulfilled by Buyer and Seller. 6.4 Close of Escrow. The term "close of Escrow," if and where written in these instructions, shall mean the date the Grant Deed and other necessary instruments of conveyance are recorded in the office of the Riverside County Recorder. 6.5 Time Limits. All time limits within which any matter specified is to be performed may be extended by mutual agreement of the parties. Any amendment of, or supplement to, any instructions must be in writing. 6.6 Governmental Approvals. This Agreement shall become effective only upon (a) the approval of the Riverside County Oversight Board and (b) either a written approval of the California Department of Finance (“DOF”) or no objection by DOF within the statutory review period. 6.7 Escrow Fees, Charges and Costs. Buyer agrees to pay all Buyer's and Seller's usual fees, charges, and costs which arise in this Escrow. 6.8 Transfer Taxes. No transfer tax shall be due because Buyer is a public entity. 7. Possession and Disposition of Personal Property. Seller shall, prior to the close of Escrow, remove or otherwise dispose of all personal property located on the Property. All personal property remaining on the Property after the Closing shall become the property of Buyer and Buyer may dispose of same without liability as it alone sees fit, and Seller shall be liable for the costs of removal which are incurred by the Buyer. Buyer shall not be liable for any loss of or damage to the personal property remaining on the Property, regardless of when loss or damage occurs. Page 126 of 347 Page 3 of 6 8. Warranties, Representations, and Covenants of Seller. Seller hereby warrants, represents, and/or covenants to Buyer that: 8.1 Pending Claims. To the best of Seller's knowledge, there are no actions, suits, claims, legal proceedings, or any other proceedings affecting the Property or any portion thereof, at law, or in equity before any court or governmental agency, domestic or foreign. 8.2 Encroachments. To the best of Seller's knowledge, there are no encroachments onto the Property by improvements on any adjoining property, nor do any buildings or improvements located on the Property encroach on other properties. 8.3 Condition of Property. The Property is in good condition, and until the close of Escrow, Seller shall maintain the Property in good condition and state of repair and maintenance, and shall perform all of its obligations under any service contracts or other contracts affecting the Property. 8.4 Seller's Title. Until the close of Escrow, Seller shall not do anything which would impair Seller's title to any of the Property. 8.5 Right to Possession. No person or entity other than Seller has the right to possess the Property or any portion of it, as of the date of this Agreement. 9. Full and Complete Settlement for Fee Interest. The total compensation to be paid by Buyer to Seller is in consideration for all of Seller's interest in the Property and any rights or obligations which exist or may arise out of the acquisition of the Property for public purposes, including without limitation, Seller's fee interest in the land and any improvements and fixtures and equipment located thereon, improvements pertaining to the realty (if any), severance damages, relocation assistance, any alleged pre-condemnation or inverse condemnation damages, loss of business goodwill (if any), costs, interest, attorney's fees, and any claim whatsoever of Seller and Seller's Parties (defined below) which might arise out of or relate in any respect to the acquisition of the Property by the Buyer. 10. Broker's Commission. Seller and Buyer each warrants and represents that it has not engaged the services of any agent, finder or broker in connection with the transaction which is the subject of this Agreement, and that it is not liable for any real estate commissions, broker's fees or finder's fees which may accrue by means of the sale of the Property. 11. Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by facsimile, reputable overnight courier, or sent by registered or certified mail, postage prepaid, return receipt requested, and shall be deemed received upon the earlier of: (i) if personally delivered, the date of delivery to the address of the person to receive such notice; (ii) if mailed, three (3) business days after the date of posting by the United States post office; (iii) if delivered by Federal Express or other overnight courier for next business day delivery, the next business day; or (iv) if sent by facsimile, with the original sent on the same day by overnight courier, the date on which the facsimile is received, provided it is before 5:00 P.M. Pacific Time. Notice of change of address shall be given by written notice in the manner described in this Section. Rejection or other refusal to accept or the inability to deliver because of a change in address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or Page 127 of 347 Page 4 of 6 communication sent. Unless changed in accordance herewith, the addresses for notices given pursuant to this Agreement shall be as follows: If to Seller: Successor Agency to the Palm Desert Redevelopment Agency 73510 Fred Waring Drive Palm Desert, CA 92260 Attention: Executive Director If to Buyer: City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260 Attention: City Manager 12. Default. Failure or delay by either party to perform any covenant, condition or provision of this Agreement within the time provided herein constitutes a default under this Agreement. The injured party shall give written notice of default to the party in default, specifying the default complained of. The defaulting party shall immediately commence to cure such default and shall diligently complete such cure within ten (10) days from the date of the notice. The injured party shall have the right to terminate this Agreement by written notice to the other party in the event of a default which is not cured within such ten (10) day period. 13. Entire Agreement. This Agreement and its exhibits constitute the entire agreement between the parties hereto pertaining to the subject matter hereof, and the final, complete and exclusive expression of the terms and conditions thereof. All prior agreements, representations, negotiations and understanding of the parties hereto, oral or written, express or implied, are hereby superseded and merged herein. 14. Governing Law. This Agreement and the exhibits attached hereto have been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California without regard to its choice of law principles. 15. Amendments. No addition to or modification of any provision contained in this Agreement shall be effective unless fully set forth in writing by Buyer and Seller. 16. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute but one and the same instrument. 17. Binding Upon Successors. The terms and conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties hereof. 18. Cooperation. Each party agrees to cooperate with the other in the Closing of this transaction and, in that regard, to sign any and all documents which may be reasonably necessary, helpful, or appropriate to carry out the purposes and intent of this Agreement. Page 128 of 347 Page 5 of 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates set forth below. SELLER: SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a California public entity Date: By: Its: ATTEST: APPROVED AS TO FORM: BUYER: CITY OF PALM DESERT, a charter city Date: By: Its: ATTEST: Anthony J. Mejia City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP, City Attorney Page 129 of 347 EXHIBIT "A" LEGAL DESCRIPTION (APN 620-400-025) All that certain real property in the City of Palm Desert, County of Riverside, State of California, described as follows: Lot 2 of Tract Map No. 29528, in the City of Palm Desert, County of Riverside, State of California, as shown by map on file in Book 311 of maps, Pages 40 through 42, inclusive, Official Records of Riverside County. Page 130 of 347 Page 131 of 347 Page 132 of 347 Page 1 of 3 SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY STAFF REPORT MEETING DATE: September 28, 2023 PREPARED BY: Deborah Glickman, Management Analyst REQUEST: SUCCESSOR AGENCY - ADOPT A RESOLUTION DECLARING ASSESSOR’S PARCEL NO. 620-400-025 “EXEMPT SURPLUS” FOR THE PURPOSES OF THE SURPLUS LAND ACT RECOMMENDATION: Adopt a Resolution entitled, “A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, DECLARING PURSUANT TO GOVERNMENT CODE SECTIONS 54221(b) AND 54221 (f)(1)(D) THAT CERTAIN REAL PROPERTY OWNED BY THE SUCCESSOR AGENCY AND IDENTIFIED AS ASSESSOR’S PARCEL NUMBER 620-400-025 IS EXEMPT SURPLUS; AND TAKING RELATED ACTIONS.” BACKGROUND/ANALYSIS: At its meeting in December 2022, the City Council/SARDA Board approved a “Central Inventory” of surplus City and Successor Agency to the Redevelopment Agency (SARDA) owned properties. This inventory was developed to comply with the SLA, which requires that an inventory must be approved and submitted annually to the State of California Department of Housing and Community Development (HCD) pu rsuant to Government Code Section 54230(a)(2). APN 620-400-625 (14.46 acres) is located adjacent to 34.25 acres of undeveloped land on Desert Willow Drive north of Country Club Drive. To preserve open space for current residents and visitors, the City seeks to acquire the parcel from SARDA for use as public parking and recreational space. In order to dispose of the properties on the Central Inventory, the City/SARDA is required to follow the April 2021 SLA Guidelines. These Guidelines require that a local agency sell property through a Notice of Availability and subsequent negotiation processes that favor affordable housing. Section 103 of the Guidelines allows for exceptions to this standard SLA process. Specifically, Section 103(3)(d) allows for a property to be declared “Exempt Surplus” on the occasion that “Local agency surplus land is transferred to another local, state, or federal agency for the transferee agency’s use,” which is intended to be used for use as a public parking lot and recreational space. If approved by the SARDA, the Resolution will be taken before the Riverside County Oversight Board (OB) for approval. If approved by the OB, the Resolution will be provided to the California Page 133 of 347 Successor Agency to the Palm Desert Redevelopment Agency APN 620-400-025 Resolution Page 2 of 3 Department of Finance (DOF) for review and approval. The DOF has forty (40) days from receipt of the Resolution to provide feedback to the City. Once approved by the DOF, the property will be deemed “Exempt Surplus”, and the transfer process may proceed. Legal Review: This report and Resolution have been reviewed by the City Attorney’s office and Robert Messinger, Special Counsel to the City. Project Description: Staff is seeking approval from the SARDA Board to declare APN 620 -400-025 exempt for the purpose of the SLA and to initiate the sale of the parcel. Details and location of the property are as follows. Property Owner APN Size (acres) Zoning Property Description General Plan Designation SARDA 620-400-025 14.46 Planned Residential (PR-5) Vacant Resort & Entertainment Environment Review: This property has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”). City staff has determined that the designation of this property as “Exempt 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 15312, the action for the sale of government property is categorically exempt from further CEQA action, as the property does not possess any significant value for wildlife habitat or other environmental purposes, as the property was previously rough graded during the grading of the Desert Willow Golf Resort, and the site remains relatively devoid of plant or wildlife. Page 134 of 347 Successor Agency to the Palm Desert Redevelopment Agency APN 620-400-025 Resolution Page 3 of 3 FINANCIAL IMPACT: There is no fiscal impact of this Resolution. Upon the sale of the property SARDA will forward the proceeds of the sale to Riverside County for disbursement to the designated taxing entities. ATTACHMENTS: 1. SARDA Resolution 2. Map of Parcel A Page 135 of 347 Page 136 of 347 RESOLUTION NO. 2023-________ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY DECLARING PURSUANT TO GOVERNMENT CODE SECTIONS 54221(b) AND 54221 (f)(1)(D) THAT CERTAIN REAL PROPERTY OWNED BY THE SUCCESSOR AGENCY AND IDENTIFIED AS ASSESSOR’S PARCEL NUMBER 620-400-025 IS EXEMPT SURPLUS; AND TAKING RELATED ACTIONS RECITALS: WHEREAS the Successor Agency to the Palm Desert Redevelopment Agency (“SARDA”) is the owner in fee simple of one (1) parcel identified as Assessor’s Parcel No. 620-400-025 (“SARDA Parcel”); and WHEREAS, pursuant to Section 54221(b) of 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 and not necessary for the SARDA’s use. The land must be declared either surplus land or exempt surplus land; and WHEREAS, the City of Palm Desert (the “City”) has requested the transfer of the SARDA Parcel for the City to retain for its use for governmental purposes; and WHEREAS, SARDA intends to transfer the SARDA parcel to the City for its use for governmental purposes subject to the approval of such transfer by the Riverside Countywide Oversight Board and the California Department of Finance pursuant to the redevelopment dissolution statutes; and WHEREAS, the accompanying staff report provides supporting information upon which the declaration and finding set forth in this Resolution are based. NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE PALM DESERT DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The above recitals are true and correct and are a substantive part of this Resolution. Section 2. The Board of Directors finds that, based on (i) the City’s request that SARDA transfer the SARDA Parcel to the City, and (ii) the City’s representation that the SARDA Parcel will be used by the City for open space, public recreation, and public parking, and therefore the SARDA Parcel are exempt surplus land pursuant to Government Code Section 54221(f)(1)(D) surplus which includes surplus land that a local agency is transferring to another local agency for the agency’s use. Page 137 of 347 Resolution No. 2023-____ Page 2 Section 3. This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”). Staff has determined that the designation of this property as “Exempt 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 15312, the action for the sale of government property is categorically exempt from further CEQA action, as the property does not possess any significant value for wildlife habitat or other environmental purposes, as the property was previously rough graded during the grading of the Desert Willow Golf Resort, and the site remains relatively devoid of plant or wildlife. Section 4. Staff of SARDA are hereby authorized and directed to provide a copy of this Resolution to the California Department of Housing and Community Development (“HCD”) in the form and manner required by HCD at least 30 days prior to the disposition of the SARDA Parcel. Section 5. The officers and staff of the SARDA are hereby authorized, jointly and severally, to do all things which they may deem necessary or proper to effectuate the purposes of this Resolution, and any such actions previously taken are hereby ratified and confirmed. ADOPTED ON ________________, 2023. KATHLEEN KELLY CHAIR ATTEST: __________________ _ ANTHONY J. MEJIA SECRETARY Page 138 of 347 Resolution No. 2023-____ Page 3 I, Anthony J. Mejia, secretary of the Successor Agency to the Palm Desert Redevelopment Agency, hereby certify that Resolution No. 2023-__ 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 ______________, 2023. ANTHONY J. MEJIA SECRETARY Page 139 of 347 Page 140 of 347 Page 141 of 347 Page 142 of 347 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: September 28, 2023 PREPARED BY: Mindy Esqueda, Emergency Services Coordinator REQUEST: ACCEPTANCE OF THE CITY’S CITIZENS OPTION FOR PUBLIC SAFETY/SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (COPS/SLESF) EXPENDITURE PLAN AND FUNDING FOR FISCAL YEAR 2023/24 RECOMMENDATION: Accept the City’s Citizens Option for Public Safety/Supplemental Law Enforcement Services Fund (COPS/SLESF) expenditure plan and funding for Fiscal Year 2023/24. BACKGROUND/ANALYSIS: In 1996, the Legislature adopted Assembly Bill 3229 creating the Citizens Option for Public Safety (COPS) program allocating $100,000,000 to local governments annually for front -line law enforcement activities. These funds are deposited into a Supple mental Law Enforcement Services Fund (SLESF). These grant funds supplement funding currently available for public safety including personnel, equipment, and programs. These funds cannot supplant any other existing funds and must be used exclusively for front-line law enforcement services. The SLESF allocation will be for crime suppression programs and various equipment purchases. State law requires the City to receive a written request submitted by the Chief of Police. As the City contracts with the Riverside County Sheriff’s Department for law enforcement services, the City’s Chief of Police is the Palm Desert Station Captain. The Palm Desert Chief of Police recommends utilizing the FY 2023/24 COPS/SLESF funds as indicated below and estimated based on historic expenditures (these amounts may change). ITEM ESTIMATED AMOUNT 2023/24 Crime Suppression Programs 50% Equipment, Services and Supplies 50% Crime Suppression Programs The Palm Desert Police Department recommends using the allocated funds towards various crime suppression programs throughout the year. Additional crime suppression programs will allow staff to focus their efforts on an identified problem that directly affects quality of life concerns for Palm Desert Residents. These programs can range from theft suppression, addressing a problem with commercial or residential burglaries, retail theft, and any other identified criminal activities that directly affect quality of life in Palm Desert. Page 143 of 347 City of Palm Desert Approval of SFESF Expenditure Plan for FY23/24 Page 2 of 2 Equipment, Services, and Supplies These funds are used for multiple items, including but not limited to monthly vehicle rentals for undercover officers assigned to the Burglary Suppression Unit; the purchase of load bearing vests (LBV) for new special team members or the replacement of old, worn vests; Police Department golf cart maintenance; shoulder patches, police vehicle decals, safety supplies, training, cellular telephone and services for special teams. Additionally, funds can purchase computers, technology, and other support apparatus. Legal Review: This report has been reviewed by the City Attorney’s office. Strategic Plan: This item is related to the Public Safety and Emergency Services section of the Palm Desert Strategic Plan, specifically under Priority 1: Enhance the delivery of public safety services. The priority’s strategy is to expand the existing superlative service s provided by the Fire and Police Departments to address future growth and safety concerns. Palm Desert’s participation in the Crime Suppression Programs and the availability of SLESF revenues will assist in meeting this priority, by (1) having an increased law enforcement presence in mitigating any potential criminal activity and (2) providing funding for front line law enforcement activities throughout the fiscal year. FINANCIAL IMPACT: The allocation of COPS/SLESF monies will fund the program and items. The County Auditor allocates the annual grant award in the County’s Supplemental Law Enforcement Services Account (SLESA). The funds are then deposited in a SLESA established by the City. Cities are provided with a minimum front line law enforcement allocation of $100,000 under the program and funds can carry over at the end of the fiscal year. The City of Palm Desert has an unencumbered carryover balance of approximately $76,000 (as of 9/18/2023) to use on frontline municipal police services in FY 2023/24. Currently, based on prior year allocations, staff has budgeted $109,000 in Account No. 2294210-4391400 for FY 2023/24 SLESF costs. Those funds along with any additional funding will be allocated to equipment and theft suppression programs. There is no impact to the General Fund. ATTACHMENTS: 1. Palm Desert Police Department SLESF Expenditure Plan 2. Citizens Option for Public Safety (COPS) Funds Reconciliation 3. California Government Code Section 30061 Page 144 of 347 Page 145 of 347 Page 146 of 347 City of Palm Desert Cal COPS Grants 2294210-4391400 DATE VENDOR DESCRIPTION AMOUNT GRANT YEAR TYPE 8/5/2022 V0013988-FRONTIER COMMUNICATIONS INC FRONTIER COMMUN Valley Crimest 164.74 22/23 Srvc/Spply 8/19/2022 V0011989-VERIZON WIRELESS VERIZON WIRELES PD Sheriff Cel 205.67 22/23 Srvc/Spply 9/2/2022 V0012638-BMW MOTORCYCLE OF RIVERSIDE BMW New Motorcycle-Patrol Unit 30,394.43 22/23 Equip 9/2/2022 V0013988-FRONTIER COMMUNICATIONS INC FRONTIER COMMUN Valley Crimest 164.74 22/23 Srvc/Spply 9/16/2022 V0012707-ENTERPRISE HOLDINGS INC Car Rentals for Sheriff Dept 3,922.18 22/23 Srvc/Spply 9/16/2022 V0006659-RIVERSIDE COUNTY SHERIFF-PSEC Police Radio operations 1,398.06 22/23 Srvc/Spply 9/30/2022 V0006659-RIVERSIDE COUNTY SHERIFF-PSEC Police Radio operations 466.02 22/23 Srvc/Spply 9/30/2022 V0011989-VERIZON WIRELESS VERIZON WIRELES PD Sheriff Cel 166.86 22/23 Srvc/Spply 10/14/2022 V0013988-FRONTIER COMMUNICATIONS INC FRONTIER COMMUN Valley Crimest 167.40 22/23 Srvc/Spply 10/21/2022 V0012707-ENTERPRISE HOLDINGS INC Car Rentals for Sheriff Dept 2,618.50 22/23 Srvc/Spply 10/21/2022 V0012707-ENTERPRISE HOLDINGS INC Car Rentals for Sheriff Dept 5,104.07 22/23 Srvc/Spply 11/4/2022 V0013988-FRONTIER COMMUNICATIONS INC FRONTIER COMMUN Valley Crimest 164.31 22/23 Srvc/Spply 12/16/2022 V0013988-FRONTIER COMMUNICATIONS INC FRONTIER COMMUN Valley Crimest 170.75 22/23 Srvc/Spply 12/22/2022 V0015830-FLOCK SAFETY FLOCK SAFETY-AutomatedLicensePlateReaders 84,907.01 22/23 Equip 12/22/2022 V0015830-FLOCK SAFETY FLOCK SAFETY-AutomatedLicensePlateReaders 30,625.00 22/23 Equip 1/13/2023 V0013988-FRONTIER COMMUNICATIONS INC FRONTIER COMMUN Valley Crimest 175.91 22/23 Srvc/Spply 2/23/2023 V0013988-FRONTIER COMMUNICATIONS INC FRONTIER COMMUN Valley Crimest 179.32 22/23 Srvc/Spply 3/2/2023 V0013988-FRONTIER COMMUNICATIONS INC FRONTIER COMMUN Valley Crimest 179.32 22/23 Srvc/Spply 4/6/2023 V0013988-FRONTIER COMMUNICATIONS INC FRONTIER COMMUN Valley Crimest 179.32 22/23 Srvc/Spply 4/27/2023 V0015830-FLOCK SAFETY FLOCK SAFETY-AutomatedLicensePlateReaders 24,517.99 22/23 Equip 5/11/2023 V0013988-FRONTIER COMMUNICATIONS INC FRONTIER COMMUN Valley Crimest 169.29 22/23 Srvc/Spply 6/16/2023 V0015830-FLOCK SAFETY Phase #2 for ALPR- 1st year FLOCK SAFETY-Au 84,800.00 22/23 Srvc/Spply 6/30/2023 V0013988-FRONTIER COMMUNICATIONS INC FRONTIER COMMUN Valley Crimest 169.97 22/23 Srvc/Spply 6/30/2023 V0013076-SAN GORGONIO PASS POSSE Mounted Horse Patrol 1,500.00 22/23 Srvc/Spply 6/30/2023 V0012638-BMW MOTORCYCLE OF RIVERSIDE BMW New Motorcycle-Patrol Unit 38,000.67 22/23 Equip 6/30/2023 V0012638-BMW MOTORCYCLE OF RIVERSIDE BMW New Motorcycle-Patrol Unit 38,000.67 22/23 Equip 6/30/2023 V0015830-FLOCK SAFETY Phase #2 for ALPR-balance due-1st year FLOCK 33,125.00 22/23 Equip 6/30/2023 V0013988-FRONTIER COMMUNICATIONS INC FRONTIER COMMUN Valley Crimest 174.00 22/23 Srvc/Spply 6/30/2023 V0015830-FLOCK SAFETY Pole Replacement 5/26 AveofStates-FLOCK SAFE 500.00 22/23 Equip 2294210 4391400 balance 382,311.20 Total Expenditure Current Year Expenditure by Grant Award Year Amount 22/23 - - - 2294210 4391400 balance - Total FY 22/23 SLESF Summary Report (Current) Fiscal Year Beginning Balance 293,220.08 Rcpt # Date 22/23 payment for 09/2022 8,333.33 12483 10/6/2022 22/23 FY22 COPS Growth 65,271.25 12550 10/20/2022 22/23 payment for 10/2022 8,333.33 12652 11/4/2022 22/23 payment for 11/2022 8,333.33 12832 12/5/2022 22/23 payment for 12/2022 8,333.33 12957 1/3/2023 22/23 payment for 1/2023 8,333.33 13161 2/6/2023 22/23 payment for 2/2023 8,333.33 SLESF0303 3/3/2023 22/23 payment for 3/2023 8,333.33 13420 3/31/2023 22/23 payment for 4/2022 8,333.33 13669 5/9/2023 22/23 Final 22/23 33,333.36 13886 6/9/2023 2290000 3423001 balance 165,271.25 Revenue Combined Beginning Balance and Current Year 458,491.33 Total Grant Revenue Salaries - Srvc/Spply 102,240.43 Equip 280,070.77 Admin Overhead - Encumbrances - 382,311.20 Expenditure Excess (deficiency) CY Revenue Over (under) CY Expenditures (217,039.95) Grant Balance 76,180.13 hcelaya COPS FUNDS 2022-2023 - 39-14 9/18/2023 Page 147 of 347 Page 148 of 347 State of California GOVERNMENT CODE Section 30061 30061. (a) There shall be established in each county treasury a Supplemental Law Enforcement Services Account (SLESA), to receive all amounts allocated to a county for purposes of implementing this chapter. (b) In any fiscal year for which a county receives moneys to be expended for the implementation of this chapter, the county auditor shall allocate the moneys in the county’s SLESA within 30 days of the deposit of those moneys into the fund. The moneys shall be allocated as follows: (1) Five and fifteen-hundredths percent to the county sheriff for county jail construction and operation. In the case of Madera, Napa, and Santa Clara Counties, this allocation shall be made to the county director or chief of corrections. (2) Five and fifteen-hundredths percent to the district attorney for criminal prosecution. (3) Thirty-nine and seven-tenths percent to the county and the cities within the county, and, in the case of San Mateo, Kern, Siskiyou, and Contra Costa Counties, also to the Broadmoor Police Protection District, the Bear Valley Community Services District, the Stallion Springs Community Services District, the Lake Shastina Community Services District, and the Kensington Police Protection and Community Services District, in accordance with the relative population of the cities within the county and the unincorporated area of the county, and the Broadmoor Police Protection District in the County of San Mateo, the Bear Valley Community Services District and the Stallion Springs Community Services District in Kern County, the Lake Shastina Community Services District in Siskiyou County, and the Kensington Police Protection and Community Services District in Contra Costa County, as specified in the most recent January estimate by the Demographic Research Unit of the Department of Finance, and as adjusted to provide, except as provided in subdivision (i), a grant of at least one hundred thousand dollars ($100,000) to each law enforcement jurisdiction. For a newly incorporated city whose population estimate is not published by the Department of Finance, but that was incorporated prior to July 1 of the fiscal year in which an allocation from the SLESA is to be made, the city manager, or an appointee of the legislative body, if a city manager is not available, and the county administrative or executive officer shall prepare a joint notification to the Department of Finance and the county auditor with a population estimate reduction of the unincorporated area of the county equal to the population of the newly incorporated city by July 15, or within 15 days after the Budget Act is enacted, of the fiscal year in which an allocation from the SLESA is to be made. No person residing within the Broadmoor Police Protection District, the Bear Valley Community Services District, STATE OF CALIFORNIA AUTHENTICATED ELECTRONIC LEGAL MATERIAL Page 149 of 347 the Stallion Springs Community Services District, the Lake Shastina Community Services District, or the Kensington Police Protection and Community Services District shall also be counted as residing within the unincorporated area of the County of San Mateo, Kern, Siskiyou, or Contra Costa, or within any city located within those counties. Except as provided in subdivision (i), the county auditor shall allocate a grant of at least one hundred thousand dollars ($100,000) to each law enforcement jurisdiction. Moneys allocated to the county pursuant to this subdivision shall be retained in the county SLESA, and moneys allocated to a city pursuant to this subdivision shall be deposited in a SLESA established in the city treasury. (4) Fifty percent to the county or city and county to implement a comprehensive multiagency juvenile justice plan as provided in this paragraph. The juvenile justice plan shall be developed by the local juvenile justice coordinating council in each county and city and county with the membership described in Section 749.22 of the Welfare and Institutions Code. The plan shall be reviewed and updated annually by the council. The plan or updated plan may, at the discretion of the county or city and county, be approved by the county board of supervisors. The plan or updated plan shall be submitted to the Board of State and Community Corrections by May 1 of each year in a format specified by the board that consolidates the form of submission of the annual comprehensive juvenile justice multiagency plan to be developed under this chapter with the form for submission of the annual Youthful Offender Block Grant plan that is required to be developed and submitted pursuant to Section 1961 of the Welfare and Institutions Code. (A) The multiagency juvenile justice plan shall include, but not be limited to, all of the following components: (i) An assessment of existing law enforcement, probation, education, mental health, health, social services, drug and alcohol, and youth services resources that specifically target at-risk juveniles, juvenile offenders, and their families. (ii) An identification and prioritization of the neighborhoods, schools, and other areas in the community that face a significant public safety risk from juvenile crime, such as gang activity, daylight burglary, late-night robbery, vandalism, truancy, controlled substances sales, firearm-related violence, and juvenile substance abuse and alcohol use. (iii) A local juvenile justice action strategy that provides for a continuum of responses to juvenile crime and delinquency and demonstrates a collaborative and integrated approach for implementing a system of swift, certain, and graduated responses for at-risk youth and juvenile offenders. (iv) A description of the programs, strategies, or system enhancements that are proposed to be funded pursuant to this subparagraph. (B) Programs, strategies, and system enhancements proposed to be funded under this chapter shall satisfy all of the following requirements: (i) Be based on programs and approaches that have been demonstrated to be effective in reducing delinquency and addressing juvenile crime for any elements of response to juvenile crime and delinquency, including prevention, intervention, suppression, and incapacitation. Page 150 of 347 (ii) Collaborate and integrate services of all the resources set forth in clause (i) of subparagraph (A), to the extent appropriate. (iii) Employ information sharing systems to ensure that county actions are fully coordinated, and designed to provide data for measuring the success of juvenile justice programs and strategies. (C) To assess the effectiveness of programs, strategies, and system enhancements funded pursuant to this paragraph, each county or city and county shall submit by October 1 of each year a report to the county board of supervisors and to the Board of State and Community Corrections on the programs, strategies, and system enhancements funded pursuant to this chapter.The report shall be in a format specified by the board that consolidates the report to be submitted pursuant to this chapter with the annual report to be submitted to the board for the Youthful Offender Block Grant program, as required by subdivision (c) of Section 1961 of the Welfare and Institutions Code. The report shall include all of the following: (i) An updated description of the programs, strategies, and system enhancements that have been funded pursuant to this chapter in the immediately preceding fiscal year. (ii) An accounting of expenditures during the immediately preceding fiscal year for each program, strategy, or system enhancement funded pursuant to this chapter. (iii) A description and expenditure report for programs, strategies, or system enhancements that have been cofunded during the preceding fiscal year using funds provided under this chapter and Youthful Offender Block Grant funds provided under Chapter 1.5 (commencing with Section 1950) of Division 2.5 of the Welfare and Institutions Code. (iv) Countywide juvenile justice trend data available from existing statewide juvenile justice data systems or networks, as specified by the Board of State and Community Corrections, including, but not limited to, arrests, diversions, petitions filed, petitions sustained, placements, incarcerations, subsequent petitions, and probation violations, and including, in a format to be specified by the board, a summary description or analysis, based on available information, of how the programs, strategies, or system enhancements funded pursuant to this chapter have or may have contributed to, or influenced, the juvenile justice data trends identified in the report. (D) The board shall, within 45 days of having received the county’s report, post on its internet website a description or summary of the programs, strategies, or system enhancements that have been supported by funds made available to the county under this chapter. (E) The Board of State and Community Corrections shall compile the local reports and, by March 1 of each year following their submission, make a report to the Governor and the Legislature summarizing the programs, strategies, and system enhancements and related expenditures made by each county and city and county from the appropriation made for the purposes of this paragraph. The annual report to the Governor and the Legislature shall also summarize the countywide trend data and any other pertinent information submitted by counties indicating how the programs, strategies, or system enhancements supported by funds appropriated under this chapter Page 151 of 347 have or may have contributed to, or influenced, the trends identified. The board may consolidate the annual report to the Legislature required under this paragraph with the annual report required by subdivision (d) of Section 1961 of the Welfare and Institutions Code for the Youthful Offender Block Grant program. The annual report shall be submitted pursuant to Section 9795, and shall be posted for access by the public on the internet website of the board. (c) Subject to subdivision (d), for each fiscal year in which the county, each city, the Broadmoor Police Protection District, the Bear Valley Community Services District, the Stallion Springs Community Services District, the Lake Shastina Community Services District, and the Kensington Police Protection and Community Services District receive moneys pursuant to paragraph (3) of subdivision (b), the county, each city, and each district specified in this subdivision shall appropriate those moneys in accordance with the following procedures: (1) In the case of the county, the county board of supervisors shall appropriate existing and anticipated moneys exclusively to provide frontline law enforcement services, other than those services specified in paragraphs (1) and (2) of subdivision (b), in the unincorporated areas of the county, in response to written requests submitted to the board by the county sheriff and the district attorney. Any request submitted pursuant to this paragraph shall specify the frontline law enforcement needs of the requesting entity, and those personnel, equipment, and programs that are necessary to meet those needs. (2) In the case of a city, the city council shall appropriate existing and anticipated moneys exclusively to fund frontline municipal police services, in accordance with written requests submitted by the chief of police of that city or the chief administrator of the law enforcement agency that provides police services for that city. (3) In the case of the Broadmoor Police Protection District within the County of San Mateo, the Bear Valley Community Services District or the Stallion Springs Community Services District within Kern County, the Lake Shastina Community Services District within Siskiyou County, or the Kensington Police Protection and Community Services District within Contra Costa County, the legislative body of that special district shall appropriate existing and anticipated moneys exclusively to fund frontline municipal police services, in accordance with written requests submitted by the chief administrator of the law enforcement agency that provides police services for that special district. (d) For each fiscal year in which the county, a city, or the Broadmoor Police Protection District within the County of San Mateo, the Bear Valley Community Services District or the Stallion Springs Community Services District within Kern County, the Lake Shastina Community Services District within Siskiyou County, or the Kensington Police Protection and Community Services District within Contra Costa County receives any moneys pursuant to this chapter, in no event shall the governing body of any of those recipient agencies subsequently alter any previous, valid appropriation by that body, for that same fiscal year, of moneys allocated to the county or city pursuant to paragraph (3) of subdivision (b). Page 152 of 347 (e) For the 2011–12 fiscal year, the Controller shall allocate 23.54 percent of the amount deposited in the Local Law Enforcement Services Account in the Local Revenue Fund 2011 for the purposes of paragraphs (1), (2), and (3) of subdivision (b), and shall allocate 23.54 percent for purposes of paragraph (4) of subdivision (b). (f) Commencing with the 2012–13 fiscal year, subsequent to the allocation described in subdivision (c) of Section 29552, the Controller shall allocate 23.54363596 percent of the remaining amount deposited in the Enhancing Law Enforcement Activities Subaccount in the Local Revenue Fund 2011 for the purposes of paragraphs (1) to (3), inclusive, of subdivision (b), and, subsequent to the allocation described in subdivision (c) of Section 29552, shall allocate 23.54363596 percent of the remaining amount for purposes of paragraph (4) of subdivision (b). (g) Commencing with the 2013–14 fiscal year, subsequent to the allocation described in subdivision (d) of Section 29552, the Controller shall allocate 23.54363596 percent of the remaining amount deposited in the Enhancing Law EnforcementActivities Subaccount in the Local Revenue Fund 2011 for the purposes of paragraphs (1) to (3), inclusive, of subdivision (b), and, subsequent to the allocation described in subdivision (d) of Section 29552, shall allocate 23.54363596 percent of the remaining amount for purposes of paragraph (4) of subdivision (b). The Controller shall allocate funds in monthly installments to local jurisdictions for public safety in accordance with this section as annually calculated by the Director of Finance. (h) Funds received pursuant to subdivision (b) shall be expended or encumbered in accordance with this chapter no later than June 30 of the following fiscal year. A local agency that has not met the requirement of this subdivision shall remit unspent SLESA moneys received after April 1, 2009, to the Controller for deposit in the Local Safety and Protection Account, after April 1, 2012, to the Local Law Enforcement ServicesAccount, and after July 1, 2012, to the County Enhancing Law Enforcement Activities Subaccount. This subdivision shall become inoperative on July 1, 2015. (i) In the 2010–11 fiscal year, if the fourth quarter revenue derived from fees imposed by subdivision (a) of Section 10752.2 of the Revenue and Taxation Code that are deposited in the General Fund and transferred to the Local Safety and Protection Account, and continuously appropriated to the Controller for allocation pursuant to this section, are insufficient to provide a minimum grant of one hundred thousand dollars ($100,000) to each law enforcement jurisdiction, the county auditor shall allocate the revenue proportionately, based on the allocation schedule in paragraph (3) of subdivision (b). The county auditor shall proportionately allocate, based on the allocation schedule in paragraph (3) of subdivision (b), all revenues received after the distribution of the fourth quarter allocation attributable to these fees for which payment was due prior to July 1, 2011, until all minimum allocations are fulfilled, at which point all remaining revenue shall be distributed proportionately among the other jurisdictions. (j) The county auditor shall redirect unspent funds that were remitted after July 1, 2012, by a local agency to the County Enhancing Law Enforcement Activities Page 153 of 347 Subaccount pursuant to subdivision (h), to the local agency that remitted the unspent funds in an amount equal to the amount remitted. (Amended by Stats. 2019, Ch. 29, Sec. 112. (SB 82) Effective June 27, 2019.) Page 154 of 347 CITY OF PALM DESERT CITY MANAGER’S OFFICE INTEROFFICE MEMORANDUM Date: September 28, 2023 To: Honorable Mayor and Councilmembers From: Anthony J. Mejia, City Clerk Subject: City Council Meeting of September 28, 2023 Below you will find questions received from the Mayor or Councilmembers and answers provided by City staff regarding tonight’s City Council meeting: ITEM 13a: APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES City staff notes a correction will be made to the September 14, 2023, Study Session Minutes to reflect the absence of Councilmember Nestande. ITEM 13c: APPROVAL OF THE 2023 PALM DESERT GOLF CART PARADE Q1: Is the $25K for Golf Cart parade our contribution to the Chamber via police services or is this in addition to it? A1: This $25,000 is in addition to the $60,000 sponsorship as the City Council previously approved in-kind police services related to this event. The $25,000 will not be paid to the Chamber of Commerce. It is a budget transfer from one City account to another. Q2: Will Burrtec have compost bins on site? Will they be available for the vendors? A2: For the Golf Cart Parade, Burrtec will provide cardboard trash and recycle bins as there won’t be many food vendors present. For the City’s 50th Anniversary Celebration (The Party in the Park), the City will ask Burrtec to provide compost containers for food vendors and attendees. Additionally, beginning in 2024, in accordance with SB 1383, all events taking place in the city with over 2,000 attendees that serve food will be required to work with FIND Food Bank to set up an edible food recovery system. Staff will also work with Burrtec on a plan for collecting non-edible food waste at large scale City-produced events. Page 155 of 347 09/28/2023 Question & Answer Memo Page 2 of 2 ITEM 13i: APPROVE THE ADDITION OF IMPROVEMENTS FOR PUBLIC PARKING AND OPEN SPACE TO APN 620-400-625 TO THE CITY’S CAPITAL IMPROVEMENT PROGRAM Q1: What is the reason for the $76K surplus? Have all of the needs been met? Is there any deferred maintenance or costs that may have been overlooked? Can this be used for training, such as professional development seminars to strengthen support to the volunteers and the community? A1: This fund is restricted to items that supplement direct law enforcement service. Last fiscal year, there was $161,284 carried forward from previous years of unspent revenue. This is on top of the new annual allocation. Our goal has been to expend the previous years’ amounts to reconcile this fund and supply the Sheriff’s department with equipment, tools, and staffing resources. We were able to take care of immediate needs but did not exhaust all the previous year’s grant amounts. Going forward with this plan, we will expend the $76,000 surplus and new allocation on equipment like tactical vests, crime suppression and speed enforcement programs. ITEM 14a: APPROVE AN AGREEMENT WITH KINGDOM CAUSES DBA CITY NET FOR CITY HOMELESS OUTREACH AND ENGAGEMENT SERVICES Q1: In addition to the email, phone, and text communication listed, will City Net have access to the Homelessness Support requests made on the PD App? If so, how soon after the report is made? A1: Yes, City staff will continue to manage all incoming requests for homeless support coming from our City App, email, and phone; and coordinate responses with City Net. Once they have learned the resource system here in Palm Desert, we will work to integrate them into our service request system. Q2: What is the success rate of Landlord Engagement? How is success measured? A2: Program staff will assist all clients on a pathway to housing. That can include a variety of options through coordinated entry, income, and landlord engagement to find viable housing options. Landlord engagement is difficult as rental occupancy rates are very high, leaving limited availability throughout the state. The team makes every effort to identify and engage landlords. Success rates will vary depending on region. Success is measured by identifying viable landlords open to renting to our unhoused participants, and successfully connecting them to move-in. Page 156 of 347 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: September 28, 2023 PREPARED BY: Deborah Glickman, Management Analyst REQUEST: APPROVE A PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF PALM DESERT AND THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY AND A COMPENSATION AGREEMENT BETWEEN THE CITY OF PALM DESERT AND THE RIVERSIDE COUNTY DESIGNATED TAXING ENTITIES FOR ASS RECOMMENDATION: 1. Approve a Purchase and Sale Agreement (PSA) between the City of Palm Desert and the Successor Agency to the Palm Desert Redevelopment Agency (SARDA) for Assessor’s Parcel Number (APN) 620-400-025. 2. Authorize the City Manager and City Attorney to make non -monetary changes to the PSA. 3. Authorize the City Manager to execute any and all documents associated with the PSA. 4. Approve Compensation Agreements between the City of Palm Desert and the Riverside County designated taxing entities for APN 620-400-025. 5. Authorize the City Manager and City Attorney to make non-monetary changes to the Compensation Agreements. 6. Authorize the City Manager to execute any and all documents associated with the Compensation Agreements. 7. Appropriate $4,600,000 from unobligated Desert Willo w Capital Fund Balance Account No. 4414195-4809200 for the purchase of APN 620-400-025. BACKGROUND/ANALYSIS: APN 620-400-625 (14.46 acres), also referred to as Parcel A, is located adjacent to 34.25 acres of undeveloped land on Desert Willow Drive north of Country Club Drive. To preserve open space for its residents and visitors, the City seeks to acquire the parcel from SARDA for use as public parking and recreational space. To facilitate the construction of the improvements, the City needs to acquire the parcel from the SARDA, and to do so the City needs to enter into a PSA with SARDA for the Fair Market Value (FMV) of $4,600,000 for Lot Pad A, based on the September 2023 appraisal. The sale of the parcel from SARDA to the City is contingent on app rovals from the Riverside County Oversight Board (OB) and the State of California Department of Finance (DOF). Additionally, the City must enter into compensation agreements with Riverside County designated taxing entities. Acquiring the parcel at fair market value (FMV), rather than a reduced price, is expected to streamline the necessary approvals for the acquisition to ensure a smoother sales process. SARDA and Surplus Land Act Page 157 of 347 City of Palm Desert APN 620-400-025 PSA and Compensation Agreement Page 2 of 3 In December 2022, Parcel A was identified in the City approved Central Inve ntory of surplus City and SARDA properties. In order to dispose of properties on the Central Inventory, SARDA is required to follow the State’s April 2021 Surplus Land Act (SLA) Guidelines. These Guidelines require that a local agency sell property through a Notice of Availability and subsequent negotiation processes that favor affordable housing; however, Section 103 of the Guidelines allows for exceptions to this standard SLA process. Specifically, Section 103(3)(d) allows for a property to be declared “Exempt Surplus” on the occasion that “Local agency surplus land is transferred to another local, state, or federal agency for the transferee agency’s use.” The City, which is a separate and distinct local agency from SARDA, intends to use the property for use of a public parking lot and recreational space. In order to sell the property, SARDA must approve a Resolution declaring it “Exempt Surplus” for the purposes of the Surplus Land Act. That Resolution is provided in a separate staff report and is on th e same SARDA Board meeting agenda as this request (September 28, 2023). Contingent upon the SARDA Board’s approval of the Resolution, staff is seeking approval of a Purchase and Sale Agreement (PSA) between SARDA and the City. Once the SARDA Board approves the PSA, it will be brought forward for approval with the Riverside County Oversight Board (OB). Once approved by the OB, it will be forwarded to the State of California Department of Finance (DOF), which will have forty (40) days to respond to the P SA. Once the PSA is approved by all entities, SARDA will be allowed to sell the property to the City. It is anticipated that approval of the PSA and acquisition of Parcel A will occur in Q1 2024. Compensation Agreement Parcel A is listed on the June 2, 2014, DOF approved Long Range Property Management Plan (LRPMP) as having “No Potential” for government use. With that designation, the intention is for SARDA to sell the parcel and forward the proceeds of the sale to Riverside County to disburse to the Riverside County designated taxing entities. Since the parcel is now being sold for a purpose other than what it is designated as on the LRPMP, in addition to the PSA, the City is required to enter into Compensation Agreements with each of the designated taxing entities. Once the agreements with the taxing entities are executed, and the Resolution and PSA are approved by the SARDA Board, staff will bring the item before the OB and DOF for approval for SARDA to sell the parcel to the City. Details and location of the parcel are as follows: Page 158 of 347 City of Palm Desert APN 620-400-025 PSA and Compensation Agreement Page 3 of 3 APN Size (acres) Zoning Property Description General Plan Designation 620-400-025 14.46 Planned Residential (PR-5) Vacant Conventional Suburban Neighborhood Legal Review: This report and agreements have been reviewed by the City Attorney’s office and Robert Messinger, Special Counsel to the City. FINANCIAL IMPACT: The cost breakdown for the project is as follows: DESCRIPTION AMOUNT ACQUISITION 4,600,000 CONSTRUCTION* 1,583,262 CONTINGENCY* 158,326 SOFT COST/ESCROW FEES* 150,000 TOTAL APPROPRIATION NEEDED 6,491,588 LESS: REIMB FROM DSRT SURF (500,000) TOTAL PROJECT FUNDING 5,991,588 *Appropriation request for Improvements included with staff report for Lot A Improvements Staff is requesting an appropriation of $4,600,000 to account 4414195-4809200 for the purchase of APN 620-400-025. With the contribution from Dsrt Surf toward this project, the total amount funded by the City will be $5,991,588. Fund 441 has adequate funding to cover these costs, therefore there will be no impact to the General Fund. Additionally, as one of the designated taxing entities, the City shall receive 2.8% (approximately $128,800) of the proceeds distributed from the County. Closing costs will be borne by the SARDA. ATTACHMENTS: 1. Compensation Agreement 2. Purchase and Sale Agreement 3. Map of APN 620-400-025 Page 159 of 347 Page 160 of 347 1 COMPENSATION AGREEMENT (DESERT WILLOW) This COMPENSATION AGREEMENT (DESERT WILLOW) (this “Compensation Agreement”), dated as of ________________, 2023, is entered into by and among the following public agencies (all of which are collectively referred to herein as the “Parties” and as the “Taxing Entities”): City Of Palm Desert, a charter city (“City”) County of Riverside, a political subdivision of the State of California; Desert Sands Unified School District; Palm Springs Unified School District; Desert Community College District; Riverside County Office of Education; Riverside County Regional Park and Open Space District; Rancho Mirage Community Services District; Coachella Valley Public Cemetery District; Palm Springs Public Cemetery District; Desert Hospital District; Coachella Valley Mosquito and Vector Control District; Desert Recreation and Park District; Coachella Valley Water District; and Coachella Valley Resource Conservation District. RECITALS: A. Pursuant to AB X1 26 (enacted in June 2011), as modified by the California Supreme Court’s decision in California Redevelopment Association, et al. v. Ana Matosantos, et al., 53 Cal.4th 231(2011) (Matosantos), the Redevelopment Agency of the City of Palm Desert (the “Former Agency”) was dissolved, the Successor Agency was established, and an oversight board to the Successor Agency (the “Oversight Board”) was established. B. Pursuant to Health and Safety Code Section 34175(b) and the California Supreme Court’s decision in Matosantos, on February 1, 2012, properties of the Former Agency transferred to the control of the Successor Agency to the Redevelopment Agency of the City of Palm Desert (the “Successor Agency”) by operation of law, including the property described in Exhibit A attached hereto and incorporated herein by reference (the “Property”). C. Pursuant to Health and Safety Code Section 34191.5(b), the Successor Agency prepared a long-range property management plan (the “LRPMP”) which addresses the disposition and use of the properties of the Former Agency, and by letter dated May 5, 2014, the Department of Finance (the “DOF”) approved the Successor Agency’s disposition of the properties listed in the LRPMP. The Desert Willow Property, consisting of two (2) parcels and identified as Project 12(a) in the LRPMP, is designated as an Economic Development Property. D. The City has subsequently determined that it is in the best interests of the public and the City to develop public parking on a portion of the Property and to maintain open space on the remaining portion. E. Health and Safety Code Section 34191.5 provides that a permissible use of former redevelopment agency property is the retention by the City for governmental use and Page 161 of 347 2 that an oversight board may require that the City enter into a compensation agreement, as described in Health and Safety Code Section 34180(f) with respect to properties retained by the City, including the Property, with all of the affected taxing entities, as defined in Health and Safety Code Section 34171(k) (the “Taxing Entities”). F. The Parties to this Agreement are affected Taxing Entities. The complete list of the Taxing Entities and the Applicable Tax Rate of each is shown on Exhibit B, each of which is attached hereto and incorporated herein by reference. G. To promote the public interest, the Taxing Entities and the City are entering into this Compensation Agreement to provide for the City to compensate the Taxing Entities with respect to the Property in accordance with the terms of this Compensation Agreement. NOW THEREFORE, IN CONSIDERATION OF THE COMPENSATION, BOTH MONETARY AND NONMONETARY, AND THE COVENANTS PROVIDED HEREIN, THE PARTIES HERETO AGREE AS FOLLOWS: Section 18. Purpose. This Agreement is executed with reference to the facts set forth in the foregoing Recitals which are incorporated into this Agreement by this reference. The purpose of this Agreement is to address the allocation of certain prospective revenues among the Taxing Entities that share in the property tax base (“Tax Base”) for property located within the project area (the “Project Area”) formerly administered by the Former Agency. Section 2. Compensation Arrangement. A. Consent to Transfer. The City intends to develop and use the Property for public parking and open space. The Taxing Entities hereby irrevocably consent to the transfer of the Property by the Successor Agency to the City for the purpose of developing and maintaining public parking and open space, subject to the following agreement of the Parties as to compensation to be paid by the City for the Property. The City agrees that in connection with the conveyance of the Property to the City, the City will pay the fair market value for the Property as established by a formal MAI appraisal. The term “Net Sale Proceeds” shall mean the gross sales price paid by the City for the Property, less actual costs for allowable expenses incurred by the Successor Agency. Pursuant to a purchase and sale agreement by and between the Successor Agency and the City, upon the close of escrow, the City will cause the Net Sale Proceeds to be remitted to the Riverside County Auditor-Controller for distribution to the Taxing Entities in accordance with each Taxing Entity’s pro rata share of the Tax Base (the “Compensation Amount”). The Taxing Entities acknowledge that the Compensation Amount represents a negotiated consideration for the City’s ability to retain the Property pursuant to Health and Safety Code Section 34180(f)(1) and the Taxing Entities hereby waive their respective rights to seek additional or alternative compensation for the value of the Property pursuant to that provision for the transfer to the City. B. ERAF. The Educational Revenue Augmentation Fund (“ERAF”) is entitled to a distribution of Applicable Net Sales Proceeds under this Agreement. Pursuant to instruction and direction from the DOF and the Auditor-Controller, there is no need for a separate signatory to execute this Agreement on behalf of ERAF because the ultimate Page 162 of 347 3 beneficiaries of any distribution of Disposition Proceeds to ERAF are themselves Taxing Entities that are signatories to this Agreement. C. Accounting Requirements. Upon any request, the City shall deliver to the Taxing Entities an accounting of all costs, expenses and proceeds relating to the sale and transfer of the Property to the City. The City shall require as a condition of the purchase and sale agreement that complete accurate and appropriate books and records be kept of the calculation of the Net Sale Proceeds with respect to the Property. The Riverside County Auditor- Controller shall have the right, on behalf of the Taxing Entities and upon reasonable written notice to City, to audit and examine such books, records and documents and other relevant items in the possession of City, but only to the extent necessary for a proper determination of Net Sale Proceeds. The Parties acknowledge that the Riverside Countywide Oversight Board has the authority to direct the production of all relevant books, records and documents relating to the sale and transfer of the Property to the City in connection with its review and consideration of the transaction prior to acting on a request by the Successor Agency to proceed with the sale and transfer. Section 3. Effective Date. The effective date of this Compensation Agreement (the “Effective Date”) shall be the date that each of the Taxing Entities governing boards have approved this Agreement and directed each of the Taxing Entities (respectively) to execute this Agreement Promptly following the effectiveness of this Agreement, the City shall transmit notice to all the other Parties that the Agreement is effective and specifying the date the Agreement became effective (the “Effective Date”), along with a fully executed copy of the Agreement. Section 4. Term. The term of this Agreement shall commence on the Effective Date and, unless sooner terminated as otherwise provided in this Agreement, shall expire upon the distribution by the Escrow Holder of all amounts payable to the Taxing Entities under this Agreement, if any. Notwithstanding anything to the contrary, if the events necessary to cause the Effective Date to occur have not all occurred within six (6) months from the date this Compensation Agreement is entered into, then, at the conclusion of that six (6) month period, this Compensation Agreement shall be terminated in its entirety, and shall be of no further force or effect whatsoever. Section 5. Authorization. Each Party warrants that the individuals who have signed this Compensation Agreement have the legal power, right, and authority to make this Compensation Agreement and to bind each respective Party. Section 6. No Personal Liability. No official, agent, or employee of any Party shall be individually or personally liable for any amount which may become due under this Compensation Agreement or on any obligations under the terms of this Compensation Agreement. Section 7. Assignment. This Compensation Agreement shall not be assignable by any Party without the prior written consent of the other Party. Section 8. Counterparts. This Compensation Agreement may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original; and all such counterparts shall together constitute but one and the same Compensation Agreement. The signature page of any counterpart may be detached therefrom without impairing the legal effect of the signature(s) thereon, provided such signature page is attached to any other counterpart identical thereto having additional signature pages executed Page 163 of 347 4 by the other Parties. Any executed counterpart of this Agreement may be delivered to the other Parties by facsimile and shall be deemed as binding as if an originally signed counterpart was delivered. Section 9. Further Assurances. The Parties agree to take all appropriate steps and execute any documents which may reasonably be necessary or convenient to implement the intent of this Compensation Agreement. Section 10. Notices. All notices and other communications shall be given or made in writing by certified mail, postage prepaid, return receipt requested, or by personal delivery. Notices shall be considered given upon (i) personal delivery, (ii) one business day following timely deposit with a nationally recognized overnight courier service, charges prepaid, or (iii) three business days after deposit in the United States mail, postage prepaid, certified or registered, return receipt requested. Notices shall be addressed as provided in the signature page for the respective Party; provided that if a Party gives notice of a change of name or address, notices to such Party shall thereafter be given as specified in that notice. Section 11. Amendment. This Compensation Agreement may be amended at any time, and from time to time, in writing by the Parties. Section 12. Severability. If one or more of the covenants or agreements provided in this Compensation Agreement to be performed by one of the Parties should be determined by a court of competent jurisdiction to be contrary to law, such covenant or agreement shall be deemed and construed to be severable from the remaining covenants and agreements herein contained and shall in no way affect the validity of the remaining provisions of this Compensation Agreement. Section 13. Construction. The Parties agree that each Party and its counsel have reviewed this Compensation Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not apply in the interpretation of this Compensation Agreement or any amendments or exhibits thereto. This Compensation Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. Section 14. Binding on Successors and Assigns. All the covenants, promises and agreements in this Compensation Agreement contained by or on behalf of the respective Parties shall bind and inure to the benefit of their respective successors and assigns, whether so expressed or not. Section 15. No Third Party Beneficiaries. This Compensation Agreement is made and entered into for the sole protection and benefit of the Parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Compensation Agreement. Section 16. Governing Law. This Compensation Agreement is made in the State of California under the Constitution and laws of the State of California, and is to be so construed. Any action to enforce or interpret this Agreement shall be filed and heard in the Superior Court of Riverside County, California or in the Federal District Court for the Central District of California. Page 164 of 347 5 Section 17. Third Party Litigation Regarding Agreement. In the event litigation is initiated by any third party attacking the validity of this Agreement or its implementation, each Party shall in good faith defend and seek to uphold the Agreement and each shall bear its own costs in connection with any such litigation. Section 18. Indemnification. The City hereby agrees to indemnify, protect, hold harmless and defend (by counsel reasonably satisfactory to the Taxing Entities) each Taxing Entity, its council members, governing board members, directors, officers, agents, employees, consultants, contractors, and representatives (collectively, including Seller, the “Indemnitees”) from all suits, actions, claims, causes of action, costs, demands, judgments and liens brought by a third party and arising out of or relating to distribution of the Compensation Amount pursuant to this Agreement to any Taxing Entity other than itself, except as caused or arising out of the willful misconduct or gross negligence of any Indemnitees. The provisions of this Section shall survive expiration of the Term or other termination of this Agreement, and shall remain in full force and effect. Section 19. Attorneys’ Fees. In any action which a Party brings to enforce its rights hereunder, the unsuccessful Party or Parties shall pay all costs incurred by the prevailing party, including reasonable attorneys’ fees. Section 20. Entire Agreement; Amendment. This Agreement constitutes the entire and integrated agreement of the Parties and supersedes all prior negotiations, representations, or agreements, either written or oral, relating to the subject matter of this Agreement. This Agreement may be modified only in writing and only if approved and signed by all of the Parties. Section 21. Non-Waiver. No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement will be effective unless it is in writing and signed by the waiving Parties. Section 22. No Partnership. Nothing contained in this Agreement shall be construed to constitute any Party as a partner, employee, joint venturer, or agent of any other Party. Section 23. Ambiguities. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party does not apply in interpreting this Agreement. Section 24. Action or Approval. Whenever action and/or approval by the City is required under this Agreement, the City Manager or the City Manager’s designee may act on and/or approve such matter unless specifically provided otherwise, or unless the City Manager determines in the City Manager’s discretion that such action or approval requires referral to the City Council for consideration. Section 25. County Taxing Entities. The County of Riverside administers funds for the following special districts and funds, and, in addition to entering into this Agreement for itself, is authorized to, and has entered into this Agreement on behalf of the following: (1) Riverside County Free Library; and (2) Riverside County Structure Fire Protection. Section 26. Notice of Compensation Agreement Related to Real Property. No later than fourteen (14) business days after the Effective date of this Agreement, the City shall record Page 165 of 347 6 in the Official Records of the County of Riverside a Notice of Compensation Agreement Related to Real Property, in the form attached hereto as Exhibit C and incorporated herein by reference (the “Notice of Compensation Agreement”). The Notice of Compensation Agreement shall be recorded by the City against the Property. The City shall mail or transmit electronic copies of the recorded Notice of Compensation Agreement within a reasonable time of the City’s receipt of the recorded Notice of Compensation Agreement. [SIGNATURES APPEAR ON FOLLOWING PAGES] [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Page 166 of 347 7 IN WITNESS WHEREOF, this AGREEMENT has been fully executed on behalf of the Taxing Entities, and on behalf of the CITY, and each by its duly authorized representative. CITY: Date: _____________, 2023 CITY OF PALM DESERT, a charter city and municipal corporation By:_________________________ KATHLEEN KELLY, Mayor ATTEST: By:________________________ ANTHONY MEJIA, MMC City Clerk APPROVED AS TO FORM: By:________________________ Best Best & Krieger LLP, City Attorney Page 167 of 347 8 COUNTY OF RIVERSIDE, a political subdivision of the State of California COUNTY FREE LIBRARY COUNTY STRUCTURE FIRE PROTECTION By: _______________________________ Name: _______________________________ Title: _______________________________ Attest: By: _________________________ Approved as to form: By: _________________________ Address for Notices: [TBD] Page 168 of 347 9 DESERT SANDS UNIFIED SCHOOL DISTRICT By: _______________________________ Name: _______________________________ Title: _______________________________ Attest: By: _________________________ Approved as to form: By: _________________________ Address for Notices: [TBD] Page 169 of 347 10 PALM SPRINGS UNIFIED SCHOOL DISTRICT By: _______________________________ Name: _______________________________ Title: _______________________________ Attest: By: _________________________ Approved as to form: By: _________________________ Address for Notices: [TBD] Page 170 of 347 11 DESERT COMMUNITY COLLEGE DISTRICT By: _______________________________ Name: _______________________________ Title: _______________________________ Attest: By: _________________________ Approved as to form: By: _________________________ Address for Notices: [TBD] Page 171 of 347 12 RIVERSIDE COUNTY OFFICE OF EDUCATION By: _______________________________ Name: _______________________________ Title: _______________________________ Attest: By: _________________________ Approved as to form: By: _________________________ Address for Notices: [TBD] Page 172 of 347 13 RIVERSIDE COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT By: _______________________________ Name: _______________________________ Title: _______________________________ Attest: By: _________________________ Approved as to form: By: _________________________ Address for Notices: [TBD] Page 173 of 347 14 RANCHO MIRAGE COMMUNITY SERVICES DISTRICT RANCHO MIRAGE CSD FIRE RANCHO MIRAGE CSD LIBRARY By: _______________________________ Name: _______________________________ Title: _______________________________ Attest: By: _________________________ Approved as to form: By: _________________________ Address for Notices: [TBD] Page 174 of 347 15 COACHELLA VALLEY PUBLIC CEMETERY By: _______________________________ Name: _______________________________ Title: _______________________________ Attest: By: _________________________ Approved as to form: By: _________________________ Address for Notices: [TBD] Page 175 of 347 16 PALM SPRINGS PUBLIC CEMETERY By: _______________________________ Name: _______________________________ Title: _______________________________ Attest: By: _________________________ Approved as to form: By: _________________________ Address for Notices: [TBD] Page 176 of 347 17 DESERT HOSPITAL DISTRICT By: _______________________________ Name: _______________________________ Title: _______________________________ Attest: By: _________________________ Approved as to form: By: _________________________ Address for Notices: [TBD] Page 177 of 347 18 COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT By: _______________________________ Name: _______________________________ Title: _______________________________ Attest: By: _________________________ Approved as to form: By: _________________________ Address for Notices: [TBD] Page 178 of 347 19 DESERT RECREATION AND PARK DISTRICT By: _______________________________ Name: _______________________________ Title: _______________________________ Attest: By: _________________________ Approved as to form: By: _________________________ Address for Notices: [TBD] Page 179 of 347 20 COACHELLA VALLEY WATER DISTRICT COACHELLA VALLEY WATER PSEUDO COACHELLA VALLEY WATER DISTRICT IMPROVEMENT DISTRICT 80 COACHELLA VALLEY WATER DISTRICT 1 DEBT SERVICE COACHELLA VALLEY WATER DISTRICT STORM WATER UNIT By: _______________________________ Name: _______________________________ Title: _______________________________ Attest: By: _________________________ Approved as to form: By: _________________________ Address for Notices: [TBD] Page 180 of 347 21 COACHELLA VALLEY RESOURCE CONSERVATION DISTRICT By: _______________________________ Name: _______________________________ Title: _______________________________ Attest: By: _________________________ Approved as to form: By: _________________________ Address for Notices: [TBD] Page 181 of 347 EXHIBIT A-22 RIV #4872-7582-7969 v1 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY APN: 620-400-025 All that certain real property in the City of Palm Desert, County of Riverside, State of California, described as follows: Lot 2 of Tract Map No. 29528, in the City of Palm Desert, County of Riverside, State of California, as shown by map on file in Book 311 of maps, Pages 40 through 42, inclusive, Official Records of Riverside County. Page 182 of 347 EXHIBIT B-23 RIV #4872-7582-7969 v1 EXHIBIT B APPLICABLE TAX RATES FOR THE PROPERTY Allocation Percentages Taxing Entity COUNTY GENERAL FUND 0.1339389 COUNTY FREE LIBRARY 0.0151323 COUNTY STRUCTURE FIRE PROTECTION 0.0618646 CITY OF PALM DESERT 0.0281726 DESERT SANDS UNIFIED SCHOOL – PTR 0.3436072 PALM SPRINGS UNIFIED SCHOOL – PTR 0.0225100 DESERT COMMUNITY COLLEGE – PTR 0.0796349 RIVERSIDE CO OFFICE OF EDUCATION – PTR 0.0433255 RIV. CO. REGIONAL PARK & OPEN SPACE 0.0034427 RANCHO MIRAGE CSD FIRE 0.0001482 RANCHO MIRAGE CSD LIBRARY 0.0000617 COACHELLA VALLEY PUBLIC CEMETERY 0.0020329 PALM SPRINGS PUBLIC CEMETERY 0.0001630 DESERT HOSPITAL 0.0122432 COACHELLA VALLEY MOSQ & VEC CONTROL 0.0103422 COACHELLA VALLEY REC AND PARK 0.0104650 COACHELLA VALLEY WATER DISTRICT 0.0289918 COACHELLA VALLEY WATER PSEUDO 0.0000221 CVWD IMPROVEMENT DISTRICT 80 0.0076409 COACHELLA VALLEY RESOURCE 0.0002472 CVWD IMPROVEMENT DISTRICT 1 DEBT SERV 0.0000050 CVWD STORM WATER UNIT 0.0259818 EDUCATION REVENUE AUGMENTATION FUND 0.1700264 Grand Total ALL Taxing 1.00000000 Page 183 of 347 EXHIBIT C-24 EXHIBIT C FORM OF NOTICE OF COMPENSATION AGREEMENT RELATED TO REAL PROPERTY RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260 Attn: City Manager NO FEE FOR RECORDING PURSUANT TO GOVERNMENT CODE SECTIONS 6103 AND 27383 (SPACE ABOVE THIS LINE FOR RECORDER’S USE) NOTICE OF COMPENSATION AGREEMENT RELATED TO REAL PROPERTY (DESERT WILLOW PROPERTY) NOTICE IS HEREBY GIVEN, that the City of Palm Desert (the “City”), County of Riverside, a political subdivision of the State of California, with respect to the County General Fund, the County Free Library, and the County Structure Fire Protection; Desert Sands Unified School District; Palm Springs Unified School District; Desert Community College District; Riverside County Office of Education; Riverside County Regional Park and Open Space District; Rancho Mirage Community Services District; Coachella Valley Public Cemetery District; Palm Springs Public Cemetery District; Desert Hospital District; Coachella Valley Mosquito and Vector Control District; Coachella Valley Recreation and Park District; Coachella Valley Water District; and Coachella Valley Resource Conservation District (each a “Taxing Entity” and collectively, the “Taxing Entities”) entered into that certain Compensation Agreement, dated _______________, 2023 (the “Compensation Agreement”), with reference to that certain real property located in the City located at ________________, at _____________________, assessor’s parcel number __________________, and further described in Exhibit A incorporated herein by reference (the “Property”). The City and the Taxing Entities have entered into the Compensation Agreement, pursuant to Health and Safety Code Section 34170 et seq., providing for the payment of Net Sales Proceeds (as defined in the Compensation Agreement) upon the City’s acquisition of the Property, under specified conditions. The Compensation Agreement includes certain obligations related to the Property including, without limitation and as further described in the Compensation Agreement, a requirement that upon request, the City provide the Taxing Entities and the County Auditor- Controller an accounting of all costs, expenses and proceeds relating to the sale and transfer of the Property to the City. Page 184 of 347 EXHIBIT C-25 A complete copy of the Compensation Agreement is maintained in the Office of the City Clerk, and is available to review at 73510 Fred Waring Drive, Palm Desert, CA 92260 between 9 a.m. and 5 p.m. In the event of any conflict between this Notice of Compensation Agreement Related to Property (the “Notice”) and the Compensation Agreement, the terms of the Compensation Agreement shall prevail. This Notice is being recorded and filed by the Owner of the Property, and shall be indexed against the Owner’s interest in the Property. [Remainder of Page Left Intentionally Blank.] Page 185 of 347 EXHIBIT C-26 IN WITNESS WHEREOF, this AGREEMENT has been fully executed on behalf of the Taxing Entities, and on behalf of the CITY, and each by its duly authorized representative. CITY: Date: _____________, 2023 CITY OF PALM DESERT, a charter city and municipal corporation By:_________________________ KATHLEEN KELLY, Mayor ATTEST: By:________________________ ANTHONY MEJIA, MMC City Clerk APPROVED AS TO FORM: By:________________________ ROBERT HARGREAVES City Attorney [SIGNATURES MUST BE NOTARIZED] Page 186 of 347 EXHIBIT C-27 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 ) ) CITY OF ) On , 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. Name: Notary Public Page 187 of 347 Page 188 of 347 AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY (INCLUDING ESCROW INSTRUCTIONS) THIS AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY (the "Agreement") is entered into as of , 2023, (the date of last execution of this Agreement by the parties as indicated on the signature page) by and between the Successor Agency to the Palm Desert Redevelopment Agency, a California public entity (“Seller”), and the City of Palm Desert, a charter city (the "Buyer"). IT IS HEREBY MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS: 1. Agreement to Sell and Purchase. Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller, upon the terms and for the consideration set forth in this Agreement, that certain real property, together with any fixtures and appurtenant improvements thereon (collectively, the "Property"), situated in the City of Palm Desert, County of Riverside, State of California, which is legally described in the Legal Description attached hereto as Exhibit "A" and incorporated herein. 2. Purchase Price. The total purchase price for the Property shall be Four Million Six Hundred Thousand Dollars ($4,600,000) (the "Purchase Price"). Buyer shall pay the Purchase Price by depositing into Escrow, on or before the date for close of Escrow, immediately available funds in the amount of the Purchase Price. 3. Conveyance of Title. Seller agrees to convey by Grant Deed to Buyer marketable fee simple title to the Property, free and clear of all recorded and unrecorded liens, encumbrances, assessments, easements, leases, and taxes except current taxes not yet due and payable; covenants, conditions, restrictions and reservations of records; and easements created by Buyer. 4. Escrow. Buyer and Seller have opened or shall open an escrow (the "Escrow") in accordance with this Agreement at [ (Insert name and address of Escrow Agent)] (the "Escrow Agent"). This Agreement, together with the escrow instructions prepared by Escrow Agent and executed by Buyer and Seller, constitutes the joint escrow instructions of Buyer and Seller, and Escrow Agent to whom these instructions are delivered is hereby empowered to act under this Agreement. The parties hereto agree to do all acts necessary to close this Escrow in the shortest possible time. 4.1 Grant Deed. Prior to the close of Escrow, Seller shall execute, acknowledge and deliver into Escrow a Grant Deed (the "Grant Deed") in a form approved by Escrow Agent. A Certificate of Acceptance shall be executed, acknowledged and delivered into Escrow by Buyer on or before the close of Escrow. Buyer and Seller agree to deposit with Escrow Agent any additional instruments as may be necessary to complete this transaction. 5. Pro Rations; Tax Adjustment Procedure. Escrow Agent is authorized and is instructed to comply with the following pro ration and tax adjustment procedure: Page 189 of 347 Page 2 of 6 5.1 Delinquent Taxes. Escrow Agent shall pay, and charge Seller for, any unpaid delinquent property taxes and/or penalties and interest thereon, and for any delinquent assessments or bonds against the Property. 5.2 Current Taxes. Escrow Agent shall pay, and charge Seller for, any portion of current property taxes and assessments and any penalties and interest thereon allocable to the period prior to the close of Escrow. The portion of current property taxes which would otherwise be allocable to the period after the close of Escrow shall not be allocated, as Buyer is exempt from payment of property taxes. 6. Escrow Agent Authorization. Escrow Agent is authorized to, and shall: 6.1 Pay and Charge Seller. Pay and charge Seller for any amount necessary to place title in the condition necessary to satisfy Section 3 of this Agreement. 6.2 Pay and Charge Buyer. Pay and charge Buyer for any Escrow fees, recording fees and other costs and expenses of Escrow payable under Section 6.7, below. 6.3 Disbursement. Disburse funds, record the Grant Deed and Certificate of Acceptance, and deliver the title policy to Buyer, when conditions of the Escrow have been fulfilled by Buyer and Seller. 6.4 Close of Escrow. The term "close of Escrow," if and where written in these instructions, shall mean the date the Grant Deed and other necessary instruments of conveyance are recorded in the office of the Riverside County Recorder. 6.5 Time Limits. All time limits within which any matter specified is to be performed may be extended by mutual agreement of the parties. Any amendment of, or supplement to, any instructions must be in writing. 6.6 Governmental Approvals. This Agreement shall become effective only upon (a) the approval of the Riverside County Oversight Board and (b) either a written approval of the California Department of Finance (“DOF”) or no objection by DOF within the statutory review period. 6.7 Escrow Fees, Charges and Costs. Buyer agrees to pay all Buyer's and Seller's usual fees, charges, and costs which arise in this Escrow. 6.8 Transfer Taxes. No transfer tax shall be due because Buyer is a public entity. 7. Possession and Disposition of Personal Property. Seller shall, prior to the close of Escrow, remove or otherwise dispose of all personal property located on the Property. All personal property remaining on the Property after the Closing shall become the property of Buyer and Buyer may dispose of same without liability as it alone sees fit, and Seller shall be liable for the costs of removal which are incurred by the Buyer. Buyer shall not be liable for any loss of or damage to the personal property remaining on the Property, regardless of when loss or damage occurs. Page 190 of 347 Page 3 of 6 8. Warranties, Representations, and Covenants of Seller. Seller hereby warrants, represents, and/or covenants to Buyer that: 8.1 Pending Claims. To the best of Seller's knowledge, there are no actions, suits, claims, legal proceedings, or any other proceedings affecting the Property or any portion thereof, at law, or in equity before any court or governmental agency, domestic or foreign. 8.2 Encroachments. To the best of Seller's knowledge, there are no encroachments onto the Property by improvements on any adjoining property, nor do any buildings or improvements located on the Property encroach on other properties. 8.3 Condition of Property. The Property is in good condition, and until the close of Escrow, Seller shall maintain the Property in good condition and state of repair and maintenance, and shall perform all of its obligations under any service contracts or other contracts affecting the Property. 8.4 Seller's Title. Until the close of Escrow, Seller shall not do anything which would impair Seller's title to any of the Property. 8.5 Right to Possession. No person or entity other than Seller has the right to possess the Property or any portion of it, as of the date of this Agreement. 9. Full and Complete Settlement for Fee Interest. The total compensation to be paid by Buyer to Seller is in consideration for all of Seller's interest in the Property and any rights or obligations which exist or may arise out of the acquisition of the Property for public purposes, including without limitation, Seller's fee interest in the land and any improvements and fixtures and equipment located thereon, improvements pertaining to the realty (if any), severance damages, relocation assistance, any alleged pre-condemnation or inverse condemnation damages, loss of business goodwill (if any), costs, interest, attorney's fees, and any claim whatsoever of Seller and Seller's Parties (defined below) which might arise out of or relate in any respect to the acquisition of the Property by the Buyer. 10. Broker's Commission. Seller and Buyer each warrants and represents that it has not engaged the services of any agent, finder or broker in connection with the transaction which is the subject of this Agreement, and that it is not liable for any real estate commissions, broker's fees or finder's fees which may accrue by means of the sale of the Property. 11. Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by facsimile, reputable overnight courier, or sent by registered or certified mail, postage prepaid, return receipt requested, and shall be deemed received upon the earlier of: (i) if personally delivered, the date of delivery to the address of the person to receive such notice; (ii) if mailed, three (3) business days after the date of posting by the United States post office; (iii) if delivered by Federal Express or other overnight courier for next business day delivery, the next business day; or (iv) if sent by facsimile, with the original sent on the same day by overnight courier, the date on which the facsimile is received, provided it is before 5:00 P.M. Pacific Time. Notice of change of address shall be given by written notice in the manner described in this Section. Rejection or other refusal to accept or the inability to deliver because of a change in address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or Page 191 of 347 Page 4 of 6 communication sent. Unless changed in accordance herewith, the addresses for notices given pursuant to this Agreement shall be as follows: If to Seller: Successor Agency to the Palm Desert Redevelopment Agency 73510 Fred Waring Drive Palm Desert, CA 92260 Attention: Executive Director If to Buyer: City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260 Attention: City Manager 12. Default. Failure or delay by either party to perform any covenant, condition or provision of this Agreement within the time provided herein constitutes a default under this Agreement. The injured party shall give written notice of default to the party in default, specifying the default complained of. The defaulting party shall immediately commence to cure such default and shall diligently complete such cure within ten (10) days from the date of the notice. The injured party shall have the right to terminate this Agreement by written notice to the other party in the event of a default which is not cured within such ten (10) day period. 13. Entire Agreement. This Agreement and its exhibits constitute the entire agreement between the parties hereto pertaining to the subject matter hereof, and the final, complete and exclusive expression of the terms and conditions thereof. All prior agreements, representations, negotiations and understanding of the parties hereto, oral or written, express or implied, are hereby superseded and merged herein. 14. Governing Law. This Agreement and the exhibits attached hereto have been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California without regard to its choice of law principles. 15. Amendments. No addition to or modification of any provision contained in this Agreement shall be effective unless fully set forth in writing by Buyer and Seller. 16. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute but one and the same instrument. 17. Binding Upon Successors. The terms and conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties hereof. 18. Cooperation. Each party agrees to cooperate with the other in the Closing of this transaction and, in that regard, to sign any and all documents which may be reasonably necessary, helpful, or appropriate to carry out the purposes and intent of this Agreement. Page 192 of 347 Page 5 of 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates set forth below. SELLER: SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a California public entity Date: By: Its: ATTEST: APPROVED AS TO FORM: BUYER: CITY OF PALM DESERT, a charter city Date: By: Its: ATTEST: Anthony J. Mejia City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP, City Attorney Page 193 of 347 EXHIBIT "A" LEGAL DESCRIPTION (APN 620-400-025) All that certain real property in the City of Palm Desert, County of Riverside, State of California, described as follows: Lot 2 of Tract Map No. 29528, in the City of Palm Desert, County of Riverside, State of California, as shown by map on file in Book 311 of maps, Pages 40 through 42, inclusive, Official Records of Riverside County. Page 194 of 347 Page 195 of 347 Page 196 of 347 Page 1 of 3 SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY STAFF REPORT MEETING DATE: September 28, 2023 PREPARED BY: Deborah Glickman, Management Analyst REQUEST: SUCCESSOR AGENCY - APPROVE A LICENSE AGREEMENT BETWEEN THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY AND THE CITY OF PALM DESERT FOR ASSESSOR’S PARCEL NUMBER 620-400-025 RECOMMENDATION: 1. Approve a License Agreement between the Successor Agency to the Palm Desert Redevelopment Agency (SARDA) and the City of Palm Desert for Assessor’s Parcel Number (APN) 620-400-025 for two (2) years at a rate of one dollar ($1). 2. Authorize the SARDA Attorney to make non-monetary changes to the License Agreement. 3. Authorize the Executive Director to execute the License Agreement and all related documents for the sale. BACKGROUND/ANALYSIS: APN 620-400-625 (14.46 acres), also referred to as Parcel A, is located adjacent to 34.25 acres of undeveloped land on Desert Willow Drive north of Country Club Drive. To preserve open space for its current residents and visitors, the City seeks to acquire the parcel from SARDA for use as public parking and recreational space. In order to improve the parcel, SARDA needs to attain approval from the SARDA Board, Riverside County Oversight Board (OB), and the State of California Department of Finance (DOF) prior to the sale. The parcel is on SARDA’s June 2, 2014, DOF approved Long Range Property Management Plan (LRPMP) with a designation of “No Potential”, indicating that there was no intended government use for the parcel and that SARDA will sell it and disburse the proceeds of the sale to the Riverside County designated taxing entities as required. Subsequent to the DOF’s approval of the LRPMP, the City determined that the parcel would be better used for public parking and recreational space for the Palm Desert community and is seeking to acquire the parcel for this purpose. The City anticipates commencing improvements on the parcel in Q4 2023. Prior to commencing with improvements, the City must enter into a short-term license agreement with SARDA for the use of Parcel A during the interim period until a purchase of the property is completed. The license agreement would lease the parcel to the City for two (2) years at a rate of one dollar ($1). Special legal counsel recommends that the City does not build improvements on the parcel prior to its acquisition or entering into a license agreement with SARDA. If the City commences with improvements prior to doing so, it could be considered a gift of public funds. Page 197 of 347 Successor Agency to the Palm Desert Redevelopment Agency APN 620-400-025 License Agreement Page 2 of 3 A license agreement between SARDA and the City allows the City to start improvements prior to the acquisition of the property; however, there is a risk that the parce l will not be allowed to be sold and the City would lose its investment in the improvements. Special legal counsel acknowledges that this risk is minimal but must be considered prior to the start of the improvements. Furthermore, SARDA is prohibited from conducting work that includes demolition, alteration, construction, site development or improvement, or land clearance, except as required by an enforceable obligation. A license agreement in this context is not an enforceable obligation for the former redevelopment agency, nor does it create any legal interest in the subject property. Rather, the agreement grants permission to the City to enter the property to conduct the licensed activity at the licensee’s (the City) own risk. It is estimated that the sale of the parcel will be completed during Q1 2024, dependent on approvals from all designated entities (SARDA Board, OB, DOF, and designated taxing entities). If the sale of the parcel is completed prior to the end of the license agreement it can be termin ated early. Details and location of the property are as follows. APN Size (acres) Zoning Property Description General Plan Designation 620-400-025 14.46 Planned Residential (PR-5) Vacant Conventional Suburban Neighborhood Staff recommends approval of the license agreement between SARDA and the City to allow the City to commence improvements on Parcel A prior to acquiring it. Legal Review: This report and Resolution have been reviewed by the City Attorney’s office and Robe rt Messinger, Special Counsel to the City. Page 198 of 347 Successor Agency to the Palm Desert Redevelopment Agency APN 620-400-025 License Agreement Page 3 of 3 FINANCIAL IMPACT: SARDA will receive one dollar ($1) for the two (2) year duration of the License Agreement. ATTACHMENTS: 1. License Agreement 2. Map of Parcel A Page 199 of 347 Page 200 of 347 1 PUBLIC PARKING AND OPEN SPACE LICENSE AGREEMENT This Public Parking and Open Space License Agreement (this “Agreement”) is made effective as of September 28, 2023 (the “Effective Date”), by and between the Successor Agency to the Palm Desert Redevelopment Agency, a California public entity (“Licensor”), and the City of Palm Desert, a California charter city (“Licensee”). Licensor and Licensee are sometimes referred to herein, each individually as a “Party” and collectively as the “Parties.” RECITALS A. Licensor is the owner of certain real property within the City of Palm Desert, County of Riverside, State of California (the “Property”), as described in more detail on Exhibit A, attached hereto and incorporated herein by this reference. B. Licensor and Licensee are processing a Purchase and Sale Agreement (“PSA”) relating to the Property and desire to provide for Licensee to acquire the right to enter and use the Property during the intervening period of time until the close of escrow under the PSA. C. The Parties now desire to enter into this Agreement to provide Licensee with the right to conduct public parking activities and to maintain open space on the Property upon the terms and conditions, and for the consideration, set forth herein in more detail. NOW THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Licensor and Licensee hereby agree as follows: 1. Term. The term of this Agreement shall commence on the Effective Date and shall expire two (2) years from the date thereof (the “Term”), unless earlier terminated pursuant to the terms of this Agreement. 2. License Fee. As valuable consideration for this Agreement, the receipt and adequacy of which is hereby acknowledged, Licensee shall pay to Licensor within thirty (30) days of the Effective Date and on each subsequent anniversary of the Effective Date during the Term, the amount of One and 00/100 Dollars ($1.00), in addition to performing Licensee’s duties, obligations and responsibilities pursuant to Section 6 of this Agreement. 3. Use of Property. Licensor hereby grants to Licensee an exclusive license to use the Property for the duration of the Term for public parking and the maintenance of open space and for any other purpose reasonably related thereto. 4. Prohibited Uses. Licensee shall not do anything or knowingly permit others to do anything upon the Property which is in violation of any and all laws, statutes, ordinances and regulations and requirements of federal, state and/or local authorities having jurisdiction over the Property. 5. Improvements. Licensee shall not construct any roads, ponds, fences, gates or other structures without the prior written consent of the Licensor. 6. Repair and Restoration. If Licensee, its agents or contractors cause any damage to the Property in connection with the exercise of this License, Licensee shall repair and restore the Property to its original condition. Licensee shall perform the repair and restoration required hereunder prior to the expiration of this License, or within ten (10) days of its earlier termination. In the event that repair and restoration is performed following the Page 201 of 347 2 termination this License, the Licensee’s Indemnity and Insurance obligations in paragraphs 11 and 12 shall continue until repair and restoration is completed as provided herein. 7. Breach and Cure. In the event that Licensee breaches any of its obligations under this License, Licensor shall send Licensee a written notice specifying the nature of such breach. Licensee shall have ten (10) days from the receipt of such notice to cure such breach. If more time is reasonably required for Licensee's performance, then Licensee shall commence performance within such ten (10) day period and, thereafter, diligently proceed to completion. If Licensee fails to cure or to commence cure within such ten (10) day period, then Licensor shall have the right to terminate this License immediately by serving Licensee with written notice of termination. Licensor shall have all rights and remedies available under California law including, but not limited to, actions for damages and specific performance, for any breach of Licensee’s obligations hereunder. 8. Termination. Notwithstanding anything herein to the contrary, either Party shall have the right in its sole and absolute discretion to terminate this Agreement for any or no reason upon thirty (30) days’ written notice to the other Party. 9. Assignment. Licensee shall not assign, or otherwise convey all of any part of its rights, duties or interests under this Agreement without the prior written consent of the Licensor, which consent shall not be unreasonably withheld. Any assignment or other transfer made in contravention of this provision shall be null and void, of not force or effect, and shall operate to immediately terminate this Agreement. 10. Hazardous Substances. Except in compliance with applicable laws and regulations, Licensee shall not use, store or knowingly permit hazardous or toxic substances, materials or waste or similar substances as defined under applicable federal and state laws and regulations (“Hazardous Substances”). Licensee shall comply with all applicable federal, state and local environmental protection, occupational, health and safety and similar laws, ordinances, restrictions, licenses and regulations with regard to Hazardous Substances. 11. Insurance. Licensee shall submit a Certificate of Insurance to Licensor for liability with a one million dollar ($1,000,000) single occurrence limit written on an Insurance Services Office (ISO) Comprehensive General Liability “occurrence” form or its equivalent for coverage on an occurrence basis. Premises/Operations and Personal Injury coverage is required. Licensor, its directors, commissioners, officers, employees, agents and volunteers must be endorsed on the policy as additional insureds as respects to liability arising out of Licensee’s performance of this Agreement. If Licensee employs other contractors as part of the services rendered, Licensor’s Protective Coverage is required. Licensor may include all subcontractors as insureds under its own policy or shall furnish separate insurance for each subcontractor, meeting the requirements set forth herein. Licensor shall comply with the applicable sections of the California Labor Code concerning workers’ compensation for injuries on the Property. Compliance is accomplished in one of the following three manners: A. Provide copy of permissive self-insurance certificate approved by the State of California; or B. Secure and maintain in force a policy of workers’ compensation insurance with statutory limits and Employer’s Liability Insurance with a minimum limit of $1,000,000 per accident. The policy shall be endorsed to waive all rights of Page 202 of 347 3 subrogation against Licensor, its directors, commissioners, officers, employees, and volunteers for losses arising from performance of this Agreement; or C. Provide a “waiver” form certifying that no employees subject to the Labor Code’s Workers’ Compensation provision will be used in performance of this Agreement. 12. No Warranty; Indemnification. Licensee understands that Licensor makes no warranty concerning the safety of the Property for any purpose whatsoever, and that it may use the Property on an “AS IS,” “WITH ALL FAULTS,” and “WHERE IS” basis and also with the Property being in its existing condition as of the Effective Date. Licensee shall indemnify Licensor for any claims made against Licensor to the extent such claims arise from Licensee’s, its agents’, employees’, or independent contractors’ negligence or willful misconduct. 13. No Property Interests. Licensee acknowledges and agrees that any rights created by this Agreement are solely contractual rights. This Agreement does not create and shall not be construed to create or convey any property interest, including any leasehold, covenant, easement or servitude, in the Property. 14. Real Property Taxes. Licensor, at its sole cost and expense and without right of reimbursement from Licensor, shall pay when due all real property taxes assessed, owing and payable concerning the Property. 15. Agents. Where this instrument grants rights to either Licensor or Licensee, such rights shall extend to the agents, employees, or representatives of such Party. 16. Notice. Where notice to either Party is required by the terms of this Agreement, such notice shall be delivered by first class mail, postage prepaid to the following address and by electronic transmission to the e-mail addresses set forth below, or to such other addresses of which either Party may inform the other from time to time. Licensor: Successor Agency to the Palm Desert Redevelopment Agency 73510 Fred Waring Drive Palm Desert, CA 92260 Attention: Executive Director Licensee: City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260 Attention: City Manager 17. Waiver. A Party’s waiver of any term, condition, breach or default of this Agreement shall not be considered to be a waiver of any other term, condition, default or breach, nor of a subsequent breach of the one waived. 18. Successors. This Agreement shall inure to the benefit of, and shall be binding upon, the Parties hereto and their respective heirs, successors and/or assigns. Page 203 of 347 4 19. Governing Law. This Agreement, and the rights and duties of the Parties hereunder (both procedural and substantive), shall be governed by and construed according to the laws of the State of California. 20. Choice of Forum. The Parties hereby agree that all claims or controversies arising out of or related to performance under this Agreement shall be submitted to and resolved in a forum within the County of Riverside at a place to be determined by the rules of the forum. 21. Entire Agreement. This Agreement, including any exhibits attached hereto, constitutes the entire agreement and understanding between the Parties regarding its subject matter and supersedes all prior or contemporaneous negotiations, representations, understandings, correspondence, documentation and agreements (written or oral). 22. Amendment. This Agreement may only be changed by written amendment signed by the Parties, subject to any requisite authorization by Licensor’s Board of Directors and by Licensee’s City Council. Any oral representations or modifications concerning this Agreement shall be of no force or effect. 23. Severability. If any provision in this Agreement is held by any court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be deemed severed from this Agreement, and the remaining provisions shall nevertheless continue in full force and effect as fully as though such invalid, illegal, or unenforceable portion had never been part of this Agreement. 24. Attorneys’ Fees. In the event that either Party shall institute proceedings to compel performance of or to recover damages for any breach of any provision of this Agreement, the prevailing party shall be entitled to recover all its costs of suit, including reasonable attorneys’ fees. [Signatures appear on following page.] [Remainder of this page intentionally left blank.] Page 204 of 347 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates set forth below. SELLER: SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a California public entity Date: By: Its: ATTEST: APPROVED AS TO FORM: BUYER: CITY OF PALM DESERT, a charter city Date: By: Its: ATTEST: Anthony J. Meijia City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney Page 205 of 347 A-1 Exhibit A Legal Description of Property APN: 620-400-025 All that certain real property in the City of Palm Desert, County of Riverside, State of California, described as follows: Lot 2 of Tract Map No. 29528, in the City of Palm Desert, County of Riverside, State of California, as shown by map on file in Book 311 of maps, Pages 40 through 42, inclusive, Official Records of Riverside County. Page 206 of 347 Page 207 of 347 Page 208 of 347 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: September 28, 2023 PREPARED BY: Eric Ceja, Director of Economic Development REQUEST: APPROVE THE ADDITION OF IMPROVEMENTS FOR PUBLIC PARKING AND OPEN SPACE TO APN 620-400-625 TO THE CITY’S CAPITAL IMPROVEMENT PROGRAM RECOMMENDATION: 1. Approve the addition of improvements for public parking and open space to APN 620 -400- 625 to the City’s Capital Improvement Program. 2. Authorize the Director of Finance to appropriate $1,891,588 from unobligated Desert Willow Capital Fund Balance to Account No. 4414195 -4809200, Project Code CFA 00025, for the parking lot improvements to Lot A BACKGROUND/ANALYSIS: APN 620-400-625 (14.46 acres), also referred to as Parcel A, is located adjacent to 34.25 acres of undeveloped land on Desert Willow Drive north of Country Club Drive. To preserve open space for its residents and visitors, the City of Palm Desert (City) seeks to acquire the parcel from the Successor Agency to the Palm Desert Redevelopment Agency (SARDA) for use as public parking and recreational open space. To facilitate the construction of the improvements, the City must first acquire the parcel from SARDA, and receive approval from the Riverside County Oversight Board (OB) and the State of California Department of Finance (DOF). To expedite the construction of improvements to Lot A, the City and the SARDA have agreed to a Licensing Agreement that will allow the City to proceed with improvements to Lot A while the formal acquisition process continues with hearings with the OB and DOF. To expedite the design and construction of the improvements, the City has entered into a Contract (Contract No. C45780) with The Altum Group for the des ign and engineering of the parking lot improvements; however, the Contract requires an appropriation of funds. The project is currently out for bids. Staff will return to the City Council at its October 26th meeting, to request approval to award the construction contract. Once the contract is approved, construction will commence with substantial completion in December of 2023. Staff is now seeking City Council approval to add the project to the City’s Capital Improvement Program and allocate funds for the design contract and construction cost. The allocation should come from the unobligated Desert Willow Capital Fund Balance for the construction of the parking area. The City has already taken a separate action to allocate funds for the acquisition of the site. Page 209 of 347 City of Palm Desert APN 620-400-025 – Lot A Improvements Budget Request Page 2 of 2 Planning for the second phase of the project, recreational space, will commence in early 2024. Staff will return to the City Council at that time for approval to award a contract for this work. FINANCIAL IMPACT: The cost breakdown for the project is as follows: DESCRIPTION AMOUNT ACQUISITION* 4,600,000 CONSTRUCTION 1,583,262 CONTINGENCY 158,326 SOFT COST/ESCROW FEES 150,000 TOTAL APPROPRIATION NEEDED 6,491,588 LESS: REIMB FROM DSRT SURF (500,000) TOTAL PROJECT FUNDING 5,991,588 *Appropriation request for Acquisition included with staff report for PSA Staff requests an appropriation of $1,891,588 from unobligated Desert Willow Capital Fund Balance to Account No. 441-4195-4809200, for the parking lot improvements to APN 620-400- 025, also known as, Lot A at Desert Willow. With the contribution from Dsrt Surf toward this project, the total amount funded by the City will be $5,991,588. Fund 441 has adequate funding to cover these costs, therefore there will be no impact to the General Fund. ATTACHMENT: Preliminary Parking Lot Design Document Page 210 of 347 Page 211 of 347 Page 212 of 347 Page 213 of 347 Page 214 of 347 Page 215 of 347 Page 216 of 347 Page 217 of 347 Page 218 of 347 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: September 28, 2023 PREPARED BY: Michelle Nance, Deputy Clerk I REQUEST: ADOPTION OF ORDINANCE NO. 1400 AMENDING SECTION 2.36.370 OF THE PALM DESERT MUNICIPAL CODE RELATED TO THE READING OF ORDINANCES AND RESOLUTIONS RECOMMENDATION: Adopt Ordinance No. 1400 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 2.36.370 OF THE PALM DESERT MUNICIPAL CODE RELATED TO THE READING OF ORDINANCES AND RESOLUTIONS.” BACKGROUND/ANALYSIS: On September 14, 2023, the City Council unanimously introduced Ordinance No. 1400 for first reading. 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 with this action. ATTACHMENT: Ordinance No. 1400 Page 219 of 347 Page 220 of 347 ORDINANCE NO. 1400 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 2.36.370 OF THE PALM DESERT MUNICIPAL CODE RELATED TO THE READING OF ORDINANCES AND RESOLUTIONS THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Amendment to Municipal Code. Palm Desert Municipal Code Section 2.36.370 is hereby amended to read as follows: “At the time of adoption of an ordinance or resolution, the same shall be read in full unless after t he reading, or having read the title, further reading thereof is waived by four-fifths consent of the councilpersons present. Such consent may be expressed by a statement by the presiding officer that “If there is no objection, the further reading of the o rdinance or resolution shall be waived.” The printing of the full ordinance or resolution title on the face of the agenda shall satisfy the aforementioned requirements. SECTION 2. Publication. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this Ordinance in the Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effective thirty (30) days after its adoption. ADOPTED ON ________________, 2023. KATHLEEN KELLY MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK Page 221 of 347 Ordinance No. 1400 Page 2 I, Anthony J. Mejia, City Clerk of the City of Palm Desert, California, do hereby certify that Ordinance No. 1400 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Desert City Council on September 14, 2023, and adopted at a regular meeting of the City Council held on __________, 20___, by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSED: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ______________. ANTHONY J. MEJIA CITY CLERK Page 222 of 347 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: September 28, 2023 PREPARED BY: Jason Austin, Social Services Coordinator REQUEST: APPROVE AN AGREEMENT WITH KINGDOM CAUSES DBA CITY NET FOR CITY HOMELESS OUTREACH AND ENGAGEMENT SERVICES RECOMMENDATION: 1. Approve an agreement for $250,813.13 with Kingdom Causes DBA City Net to provide street outreach and engagement homeless services from October 1, 2023 through June 30, 2024, with two optional one year extensions. 2. Authorize Director of Finance to appropriate $101,000 in unobligated Opioid Settlement Special Funds to Account No. 2264212-4309000 and transfer $150,000 from Permanent Local Housing Allocation Funds Account No. 2254199-4501000 to Account No. 2254212- 4309000. 3. Authorize the City Attorney to make non-monetary changes to the agreement and the City Manager or designee to execute the agreement. BACKGROUND/ANALYSIS: The City Council has been committed to addressing homel essness through activities and projects that provide support to those experiencing homelessness in the City. Over the last two County-facilitated Point-in-Time (PIT) Counts, Palm Desert counted 26 and 39 unhoused individuals in Years 2022 and 2023 respectively. To engage those experiencing homelessness, the City had contracted with the County’s Homeless Outreach Program since July 2019. In July 2023, the City released an updated request for proposal for street outreach and engagement homeless services. That process was completed in August 2023 with a new provider identified to move forward for City Council approval. City Net is one of the largest street outreach nonprofit providers in Southern California with fifty active city, county, state, and federal contracts providing homeless and social services to vulnerable populations. This new agreement proposes to commence immediately upon City Council approval for a street outreach and engagement program in Palm Desert. City Net will provide two full-time Case Managers and administrative support to engage individuals experiencing homelessness in the city. As this contract will be funded by Opioid Settlement Funding, the program will have a focus on screening participants for substance use and mental health issues and linking them to appropriate levels of care in addition to shelter and housing. The City Council has previously opted -in to the Opioid Settlement Agreements which includes language designating eligible uses including addressing the needs of commun ities of color and vulnerable populations including sheltered and unsheltered homeless populations that are disproportionately impacted by Substance Use Disorders. Page 223 of 347 City of Palm Desert Approve Agreement for Homeless Outreach Services Page 2 of 2 The goal of these services is to engage individuals experiencing homelessness where they are in the City to provide linkage to housing, treatment or supportive services. This requires having trained outreach responders in the field engaging unhoused individuals repeatedly to build trust in an effort to connect them to treatment and increased housing stability. LEGAL REVIEW: This report has been reviewed by the City Attorney’s office. APPOINTED BODY RECOMMENDATION: This program was approved by the City’s Homeless Task Force as part of their Annual Work Plan. FINANCIAL IMPACT: The Opioid Settlement Agreements made available for participation by cities and counties provided $100,000 in revenue in 2022/23. It is anticipated to grow to approximately $175,000 annually over the next ten years for the City to connect unhoused individ uals to behavioral health services and housing. Additionally, the Permanent Local Housing Allocation (PLHA) Program has been established as an additional funding source for homeless programs in the City. This outreach and engagement program will be funded by these two funding sources as shown in the table below. There is no impact to the General Fund with this action. ATTACHMENTS: 1. City Net Program Proposal 2. City Net Professional Services Agreement Page 224 of 347 City of Palm Desert CMO - City Manager Todd Hileman, City Manager 73-510 Fred Waring Drive, Palm Desert, CA 92260 PROPOSAL DOCUMENT REPORT RFP No. 2023-RFP-202 Homeless Outreach and Engagement Services RESPONSE DEADLINE: August 2, 2023 at 4:00 pm Report Generated: Friday, September 8, 2023 Kingdom Causes dba City Net Proposal CONTACT INFORMATION Company: Kingdom Causes dba City Net Email: bryan.cullison@citynet.org Contact: Bryan Cullison Address: 4508 Atlantic Avenue Suite 292 Long Beach, CA 90807 Phone: (323) 627-0433 Website: www.citynet.org Submission Date: Aug 2, 2023 1:48 PM Page 225 of 347 PROPOSAL DOCUMENT REPORT RFP No. 2023-RFP-202 Homeless Outreach and Engagement Services PROPOSAL DOCUMENT REPORT Request For Proposal - Homeless Outreach and Engagement Services Page 2 ADDENDA CONFIRMATION No addenda issued QUESTIONNAIRE 1. Proposal (WITHOUT COST)* Proposals shall be concise, well organized and demonstrate qualifications and applicable experience. Proposals shall be organ ized and include page numbers for all pages in the proposal. The proposal shall be uploaded here, in the following order and shall include: A. Cover Letter 1. This letter should briefly introduce the firm, summarize the firm’s general qualifications, include an executive summary of the specific approach which will be used to deliver the work scope; and identify the individual(s) name, address and phone number authorized to negotiate Agreement terms and compensation. B. Experience and Technical Competence 1. Background: Provide history of the agency’s experience which specifically addresses the agency's experience with similar Service a s described in this RFP. 2. References: The proposal shall include a list of service contracts that are similar in scope and function to this RFP. Provide a description of the project, client name, and the name, title, and telephone number of the primary contact person. C. Firm Staffing and Key Personnel 1. Staffing: Provide the number of staff to be assigned to perform the Services and the names/discipline/job title of each as well as your firm’s capacity to provide additional personnel as needed. 2. Key Personnel: Identify key persons that will be principally responsible for working with the City of Palm Desert. Indicate the role and responsibility of each individual. 3. Team Organization: Describe proposed team organization, including identification and responsibilities of key personnel. Page 226 of 347 PROPOSAL DOCUMENT REPORT RFP No. 2023-RFP-202 Homeless Outreach and Engagement Services PROPOSAL DOCUMENT REPORT Request For Proposal - Homeless Outreach and Engagement Services Page 3 4. Subcontractors: The Proposer shall identify functions that are likely to be subcontracted and identify the subcontractor that is anticipated to perform each function, if appropriate. D. Proposed Method to Accomplish the Work 1. Describe the technical and management approach to providing the Services to the City of Palm Desert. Proposer should take into account the scope of the Services, and general functions required. Include a draft first year schedule of tasks, milestones, and deliverables that will provide for timely provision of the Services. In reviewing the scope of Services and goals described herein, the Proposer may identify additional necessary tasks and is invited to bring these to the City’s attention within t he discussion of its proposed method to accomplish the work. Palm_Desert_RFP_23_Submission.pdf 2. Fee Proposal* Please provide a lump-sum, not-to-exceed fee proposal for the scope of Services. The fee proposal shall include hourly rates for all personnel for “Additional Work” (as such term is defined in the proposed Agreement attached herein). Palm_Desert_CN_SOE_Budget_8.2.pdf 3. Non-Collusion Declaration* The undersigned declares: I am an authorized representative of my company, the party making the foregoing Bid, to certify the following. The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organizat ion, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has n ot in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, prof it, or cost element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Page 227 of 347 PROPOSAL DOCUMENT REPORT RFP No. 2023-RFP-202 Homeless Outreach and Engagement Services PROPOSAL DOCUMENT REPORT Request For Proposal - Homeless Outreach and Engagement Services Page 4 Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does exec ute, this declaration on behalf of the Bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Confirmed 4. SAM.gov* Please enter your legal entity name for SAM.gov verification. Kingdom Causes, Inc. Click to Verify Value will be copied to clipboard 5. Type of Business* Other 6. Litigation* Provide litigation history for any claims filed by your firm or against your firm related to the provision of Services in the last five (5) years (or type "N/A"). N/A 7. Changes to Agreement* The City's standard professional services agreement contract is included as an attachment herein. The Proposer shall identify any objections to and/or request changes to the standard contract language in this section of the proposal (or type "N/A"). If you are identifying changes here ALSO upload a copy of the redlined Language/Agreement with your Proposal. Changes requested may affect the City's decision to enter into an Agreement. N/A Page 228 of 347 PROPOSAL DOCUMENT REPORT RFP No. 2023-RFP-202 Homeless Outreach and Engagement Services PROPOSAL DOCUMENT REPORT Request For Proposal - Homeless Outreach and Engagement Services Page 5 8. No Deviations from the RFP* In submitting a proposal in response to this RFP, Proposer is certifying that it takes no exceptions to this RFP including, b ut not limited to, the Agreement. If any exceptions are taken, such exceptions must be clearly noted here, and may be reason for rejection of the proposal. As such, Proposer is directed to carefully review the proposed Agreement and, in particular, the insurance and indemnification provisions therein (or type "N/A"). N/A 9. Project Team Resumes* Submit resumes of all key personnel/support staff that will produce work product for the Services. Describe their qualificati ons, education, and professional licensing. Jessica_Bruce_(Feb_2023).pdfRosalinda_Chio_(Feb_2023).pdfBrad_Fieldhouse_(Feb_2023).pdf 10. List the Signatory(s) Authorized to Sign and Bind an Agreement.* (If two (2) signatures are required, include the following information for both signatories) A. Full Name B. Title C. Physical Business Address D. Email Address E. Phone Number Brad Fieldhouse Executive Director 2115 W. Crescent Avenue, Suite 275 Anaheim, CA 92801 brad@citynet.org Page 229 of 347 PROPOSAL DOCUMENT REPORT RFP No. 2023-RFP-202 Homeless Outreach and Engagement Services PROPOSAL DOCUMENT REPORT Request For Proposal - Homeless Outreach and Engagement Services Page 6 714-904-0167 11. Certification of Proposal* The undersigned hereby submits its proposal and, by doing so, agrees to furnish services in accordance with the Request for P roposal (RFP), and to be bound by the terms and conditions of the RFP. Confirmed Page 230 of 347 4508 Atlantic Avenue, Suite 292, Long Beach, CA 90807 | @CityNetSoCal | www.citynet.org 1 July 31, 2023 Jason Austin Social Services Coordinator 73-510 Fred Waring Drive Palm Desert, CA 92260 Email: Jaustin@palmdesert.gov Mr. Austin, I am writing as an authorized representative of Kingdom Causes, Inc. DBA City Net. Kingdom Causes is a 501(c)(3) organization with tax-exempt status and a current valid business license with the State of California. City Net is well positioned, qualified, and experienced to partner with the City of Palm Desert as the provider for the Homeless Outreach and Engagement Services Contract. We demonstrate in this proposal through our staffing plan, budget, experience, references, methodology, training, infrastructure, and documentation that we can perform all the necessary services, on time, on budget, and with excellence. As part of our organizational DNA and vision statement, we value collaboration. Relationships are important, both with our clients and partners. We are responsive to requests for clarifications, modifications, documentation, and data. We aim to satisfy the requirements of all our contracts and to exceed expectations and standards. We invite you to inquire with our references listed here and government agencies and entities with which we have partnered to see how their experience has been. We have a demonstrated history over the last ten years of dozens of contracts completed on time, on budget, and with data that confirms and validates our performance. Our past fiscal year (22-23) budget of $25 million and our current calendar year budget (2023) of $35 million reflect the scope of our work, the growth of our partnerships and services, and a validation from City and County governments across California of the caliber and seriousness of our work. Arguably the most important aspect of our work is our relationship and success with each person we encounter experiencing street-level homelessness. We specialize in this work, and everything we do in our hiring, training, methodology, reporting, and case management reflects this priority. We use best practices, policies and procedures for street outreach and engagement, case management, and housing navigation to place our clients in available housing units. Throughout this process, City Net will coordinate with representatives of the City of Palm Desert to ensure the overall vision of the program, including its budget, safety, and timelines are within the parameters of all agreements. Page 231 of 347 4508 Atlantic Avenue, Suite 292, Long Beach, CA 90807 | @CityNetSoCal | www.citynet.org 2 Kingdom Causes DBA City Net EIN: 57-1162424 4508 Atlantic Avenue, Suite 292 Long Beach, CA 90807 714-712-0107 (Org Main) Designated City Net Signatory: Brad Fieldhouse Executive Director brad@citynet.org 714-904-0167 (Work Mobile) Brad Fieldhouse has the authority to obligate the organization, negotiate with the City of Palm Desert and to execute on behalf of City Net any agreement that may result from such negotiations. We would be excited to partner with the City of Palm Desert in providing the services outlined in this RFP and are thankful for the opportunity to present ourselves as a candidate through this proposal. . Brad Fieldhouse Authorized Signer Name ______________________________________ Authorized Signer Signature . July 31, 2023 Date Page 232 of 347 4508 Atlantic Avenue, Suite 292, Long Beach, CA 90807 | @CityNetSoCal | www.citynet.org 3 B. Experience and Technical Competence 1. Background: Provide history of the agency’s experience which specifically addresses the agency's experience with similar Service as described in this RFP. City Net is committed to breaking the cycle of homelessness in the communities we serve by connecting neighbors experiencing homelessness to transformative care and innovative housing solutions. City Net is one of the largest street outreach nonprofit organizations in Southern California with 225+ dedicated to direct client engagement on the streets or in interim housing shelters. Southern California has many excellent homeless service providers—many of them larger than City Net—but few can match our focus on direct client services in the field. It is our main service, so we have developed unparalleled expertise. City Net also has a unique skill set in providing street outreach to challenging unsheltered encampments. We have successfully partnered with city and county agencies on some of the largest and most visible homeless encampments in the history of southern California, including the Santa Ana River Trail in Orange County, the Civic Center/Plaza of the Flags in Santa Ana, La Palma Park/Maxwell Park in Anaheim, State Street in Santa Barbara, the Riverbed and Massachusetts Avenue in Riverside County, amongst others. Additionally, City Net had a contract with CalTrans and currently has one with Union Pacific Railroad for outreach, engagement, and case management for neighbors experiencing homelessness along high-risk transit corridors around San Diego and along railroads throughout Southern California. City Net has also had experience in family reunification, housing navigation, and housing retention services in the County of Riverside, and is familiar with the CES housing matching process. City Net has the capacity, experience, infrastructure, processes, and technology that align with being a primary service provider addressing homelessness in the City of Palm Desert. We can be ready to start service provision from Day One of a contract, and we have the competitive advantage of having built up, tested, and implemented the unique pipeline and breadth of service of our outreach and engagement teams (along with all of the existing technology and staffing models, vendor relationships, and policies and procedures that come with them), with contracts in 7 of the 15 largest cities in all of California. City Net currently has more than 50 active contracts, including city, county, state, federal, and corporate contracts, with others pending, many of them similar in type and scope to this one. Most of our contracts are yearlong and usually get renewed serially, depending on funding availability. As a summary example of our work, in the last completed fiscal year alone we estimate that we facilitated almost 3,000 Street Exits (U.S. Department of Housing and Urban Development Housing- Qualified Programs), 500+ Permanent Housing Placements, 33,000+ Outreach Engagements, and 30,000 Diverted Emergency Service Calls. We worked in seven different California counties (Los Angeles, Orange, Riverside, Santa Barbara, San Diego, San Joaquin, and Sacramento) and the Union Pacific Railroad lines (statewide). City Net also provided 25,000+ Shelter Bed Nights and oversaw more than 4,300 Volunteer Hours through all programs. Page 233 of 347 4508 Atlantic Avenue, Suite 292, Long Beach, CA 90807 | @CityNetSoCal | www.citynet.org 4 City Net has a history and reputation of being able to say yes to projects that have very short timelines, and its values of positivity, collaboration (over 250 partnerships forged), initiative, empowerment, transparency, and being solutions-focused all serve it well in such times and opportunities. 2. References: The proposal shall include a list of service contracts that are similar in scope and function to this RFP. Provide a description of the project, client name, and the name, title, and telephone number of the primary contact person. Reference 1 Company name: City of Corona Address: 400 S. Vicentia Ave, Corona, CA 92882 Contact person: Karen Roper Email address: karen.roper@coronaca.gov Telephone: 951-739-4949 Project name: Collaborative homeless services Dates worked performed: 2018 – present Summary of scope of services: Shelter Partner, Street Outreach, Housing Navigation, Case Management Reference 2 Company name: City of Riverside Address: 3900 Main Street, Riverside, CA 92522 Contact person: Michelle Davis Email address: mdavis@riversideca.gov Telephone: 951-826-5461 Project name: Multiple Dates worked performed: 2020 – present Summary of scope of services: Shelter Operator, Street Outreach, Housing Navigation, Case Mgmt Reference 3 Company name: City of Anaheim Address: 200 South Anaheim Boulevard, Anaheim, CA 92805 Contact person: Sandra (Sagert) Lozeau Email address: slozeau@anaheim.net Telephone: 714-765-4413 Project name: Community Care Response Team (CCRT) Dates worked performed: 2021 - present Summary of scope of services: Anaheim Community Care Response Team - street outreach and citywide dispatched teams to respond to community and 911 calls that are homeless-related Reference 4 Company name: City of Santa Ana Address: 20 Civic Center Plaza, Santa Ana, 92701 Contact person: Terri Eggers Email address: teggers@santa-ana.org Telephone: 714-647-5378 Page 234 of 347 4508 Atlantic Avenue, Suite 292, Long Beach, CA 90807 | @CityNetSoCal | www.citynet.org 5 Project name: Santa Ana Multidisciplinary Response Team (SMART) Dates worked performed: 2021 – present Summary of scope of services: Santa Ana Multidisciplinary Response Team - street outreach and citywide dispatched teams to respond to community and 911 calls that are homeless-related C. Firm Staffing and Key Personnel 1. Staffing: Provide the number of staff to be assigned to perform the Services and the names/discipline/job title of each as well as your firm’s capacity to provide additional personnel as needed. Direct Service FTEs (2.25) Regional Program Director (0.05 FTE): Senior-level staff responsible for overall project compliance with management, operations, and public safety standards. Program Supervisor (0.1 FTE): Responsible to direct all street outreach and engagement, case management and housing navigation activities, staff management/ supervision, and project coordination. The Program Supervisor will also engage in direct services as needed in these categories to assure that all programmatic goals and objectives are met within the operational framework of the project. Case Manager (1.0 FTE): Staff responsible for street outreach and engagement, case management, and housing navigation. Lead Case Manager (1.0 FTE): Staff responsible for street outreach and engagement, case management, and housing navigation, who has demonstrated leadership capabilities, and proficiency and experience in homeless services. • Street Outreach - Provide essential services necessary to reach out to unsheltered homeless people; connect them with emergency shelter, housing, or critical services; and provide urgent, non-facility-based care to unsheltered homeless people who are unwilling or unable to access emergency shelter, housing, or an appropriate health facility. • Case management - assessing housing and service needs, arranging, coordinating, and monitoring the delivery of individualized services to meet the needs of the program participants. Using the coordinated assessment system; conducting the initial evaluation, including verifying and documenting eligibility; counseling; developing, securing, and coordinating services; obtaining Federal, State, and local benefits; monitoring and evaluating program participant progress; providing information and referrals to other providers; and developing an individualized housing and service plan, including planning a path to permanent housing stability. • Housing navigation - developing housing plans, addressing the barriers identified during the plan, acquiring documentation, and completing forms required for housing. Work also involves housing search which includes attending property owner meetings, setting appointments, and assisting with paperwork related to housing applications. Navigation also Page 235 of 347 4508 Atlantic Avenue, Suite 292, Long Beach, CA 90807 | @CityNetSoCal | www.citynet.org 6 includes tasks involved with securing housing including inspections, utility startups, and moving into housing. Data Analyst (0.1 FTE): Staff responsible for data collection, completing data entry, monitoring and reviewing data quality, completing data analysis, reporting to HMIS, training staff on using HMIS, and implementing and complying with HMIS requirements. Indirect Service FTEs (0.28): Executive Leadership, Finance, HR, Operations, and Community Engagement 2. Key Personnel: Identify key persons that will be principally responsible for working with the City of Palm Desert. Indicate the role and responsibility of each individual. The primary leaders overseeing the success of this project will be Brad Fieldhouse, the President/Executive Director; Jessica Bruce, the Chief Program Officer; and Rosalinda Chio, the Deputy Chief Program Officer. Their information, experience, and roles are described below. President/Executive Director Dr. Brad Fieldhouse - Brad founded City Net in 2013 and its parent nonprofit Kingdom Causes in 2003. He is a SoCal native and has had the privilege of working with many amazing leaders/staff over the years that have been part of Kingdom Causes, Inc. and its various affiliates. In addition, Brad has worked in a consulting capacity with hundreds of nonprofits to help them achieve organizational excellence and life- changing impact. He has deep expertise in strategy, collaboration, collective impact, and capacity building. His commitment to lifelong learning earned him a Master of Divinity and a Doctorate degree in Transformational Leadership for the Global City with an emphasis on Faith-Based and Civic Partnerships for the Common Good. Chief Program Officer Jessica Avelar-Bruce - Jessica is a program management and direct services professional with over 17 years of homeless collaborative services experience. She provides leadership to a team of over 200 staff facilitating street outreach, housing navigation, emergency shelter, and permanent supportive housing. Her network reaches across multiple counties and states, with a reputation that includes her charismatic leadership style and consistent outcomes. Deputy Chief Program Officer Rosalinda Chio - Rosie has been with City Net since 2020, working in homeless services since 2009. Her experience includes direct client services and program managing for a 225-bed shelter, 75-bed men's shelter, and transitional housing. 3. Team Organization: Describe proposed team organization, including identification and responsibilities of key personnel. Page 236 of 347 4508 Atlantic Avenue, Suite 292, Long Beach, CA 90807 | @CityNetSoCal | www.citynet.org 7 4. Subcontractors: The Proposer shall identify functions that are likely to be subcontracted and identify the subcontractor that is anticipated to perform each function, if appropriate. N/A D. Proposed Method to Accomplish the Work 1. Describe the technical and management approach to providing the Services to the City of Palm Desert. Proposer should take into account the scope of the Services, and general functions required. Include a draft first-year schedule of tasks, milestones, and deliverables that will provide for the timely provision of the Services. In reviewing the scope of Services and goals described herein, the Proposer may identify additional necessary tasks and is invited to bring these to the City’s attention within the discussion of its proposed method to accomplish the work. Outreach Engagement is one of the visible services City Net provides, and case managers are trained to follow best practices in a professional manner. Before beginning outreach engagement, case managers must pass 80 hours of case management training which includes, but is not limited to: rapport building, whole-person care, implicit bias, mental health and behavioral health first aid, trauma-informed care, housing first principles, de-escalation, motivational interviewing, progressive engagement, and housing retention services. Case Managers are aware that it can take between 8-10 engagements before an outreach contact agrees to services and continue to visit clients with patience until they are ready to engage. Engagement Services Page 237 of 347 4508 Atlantic Avenue, Suite 292, Long Beach, CA 90807 | @CityNetSoCal | www.citynet.org 8 Engagement Services are activities to locate, identify, and build relationships with unsheltered homeless individuals to offer immediate support, intervention, and connections with homeless assistance programs and/or mainstream social services and other housing programs. Specific activities include: • Responding to community needs reported through email, phone calls, and texts from City of Palm Desert staff, hospital discharge staff, law enforcement, and other homeless service agencies • Documenting outreach engagements properly in HMIS and City Net’s internal tracking software to create a by-name list • Providing opportunities for outreach engagements at any community-hosted events • Conducting an initial assessment of client needs and eligibility • Providing informal crisis counseling • Addressing urgent physical needs, such as providing meals, blankets, clothes, or toiletries • Actively connecting and providing information and referrals to needed services. Collaboration City Net recognizes it takes a village to get clients the support and care they need, and regularly collaborates with: • Chrysalis • Coachella Valley Rescue Mission • Corona Substance Abuse Center • Love Riverside • Make It Cozy Home Furnishings • Path of Life Ministries • Pathways of Hope • People Assisting the Homeless (PATH) • Riverside Access Center • Riverside Behavioral Healthcare Center • Riverside Municipal Airport • Riverside Police Department • Salvation Army • Union Pacific Railroad • VA Community Resource and Referral Centers • Mercy House • Helping Hearts • Step Up Outreach Emergency Health City Net will refer homeless neighbors to emergency health services to the extent that other customary emergency health services and treatments are unavailable or inaccessible to the homeless neighbor. An example of emergency health services to which City Net will refer homeless neighbors is outpatient Page 238 of 347 4508 Atlantic Avenue, Suite 292, Long Beach, CA 90807 | @CityNetSoCal | www.citynet.org 9 treatment of urgent medical conditions by licensed medical professionals in community-based settings (e.g., streets, parks, campgrounds) to those eligible participants unwilling or unable to access emergency shelter or an appropriate healthcare facility. City Net may assist healthcare professionals in the case management aspects of the following activities: • Assessing health problems and developing treatment plans • Assistance in understanding health needs • Administering Narcan when necessary and partnering with Public Health and/or County Mental Health providers to distribute Narcan with educational information when available • Providing directly or assisting to obtain appropriate emergency medical treatment • Providing medication and follow-up services. Emergency Mental Health City Net will refer homeless neighbors to emergency mental health services to the extent that other customary emergency mental health services and treatments are unavailable or inaccessible to the homeless neighbor. An example of emergency health services to which City Net will refer homeless neighbors is outpatient treatment of urgent mental health conditions by licensed professionals in community-based setting (e.g., streets, parks, and campgrounds) to those eligible participants unable or unwilling to access emergency shelter or an appropriate mental health care facility. City Net may assist mental healthcare professionals in the case management aspects of the following activities: • Crisis intervention • Prescription of psychotropic medications • Explanation about the use and management of medications • Combinations of therapeutic approaches to address multiple problems Transportation Occasionally, City Net may engage in transportation activities, including: • Transportation of unsheltered people to emergency shelters, emergency health, emergency mental health, or other service facilities • Provision of public transportation for participants • Transportation costs (bus tickets, gas, minor car repairs, etc.) to assist homeless neighbors to relocate out of the region, provided they have permanent housing there. • Assistance to program participants to use public transportation. Services for Special Populations Services for special populations are essential services that have been tailored to address the special needs of homeless youths, those with criminal backgrounds and/or history of involvement with the justice system, victims of domestic violence, dating violence, sexual assault, or stalking, including Page 239 of 347 4508 Atlantic Avenue, Suite 292, Long Beach, CA 90807 | @CityNetSoCal | www.citynet.org 10 connections to services offered by rape crisis centers, domestic violence shelters, and other organizations that serve persons who meet the HUD definition of homelessness and have special needs. Food and Emergency Services Food and other emergency services will be given to clients primarily as they first move into housing and for emergency circumstances. During the duration of their tenancy, clients will be connected to food banks and service agencies in the community as their primary resource for emergency needs. In addition to street outreach and engagement, City Net also enrolls clients in HMIS and works to connect clients to cash/non-cash benefits and permanent housing plans. City Net practices progressive engagement in case management, meaning case managers strive to meet clients frequently in the beginning (1-3 times per week) until a strong rapport is built, clients stabilize, and housing documents are obtained. They then reduce the number of interactions to weekly or bi-weekly as clients progress through the system and get closer to their housing goals. Case Management Case management activities to assess housing and service needs and arrange, coordinate and/or monitor the delivery of individualized services. Specific activities include: • Assessment and intake using HMIS • Completing and entering VI-SPDAT scores in HMIS • Conducting initial evaluations including verifying and documenting eligibility • Counseling • Developing/securing/coordinating services • Helping obtain Federal, State, and local benefits • Monitoring and evaluating program participant progress in particular programs • Providing information and referrals to other providers • Developing an individualized housing stabilization plan that leads to the attainment of stable permanent housing. Supportive Services Supportive services may include providing access to and assistance in obtaining: • Medicaid/Medi-Cal • Women, Infants and Children (WIC) • Food Stamps/CalFresh/EBT • Federal-State Unemployment Insurance Program • Social Security Disability Insurance (SSDI) • Supplemental Security Income (SSI) • General Relief (GR) Page 240 of 347 4508 Atlantic Avenue, Suite 292, Long Beach, CA 90807 | @CityNetSoCal | www.citynet.org 11 • Other mainstream resources such as housing, health, social services, employment, education services and youth programs that an individual or family may be eligible to receive. Landlord Engagement Landlord engagement involves housing navigators and case managers reaching out to private landlords in the community to advocate for clients to be matched to housing opportunities. Specific activities include: • Educate private landlords on the Rapid Re-Housing program’s policies and protocols • Provide information regarding City Net’s landlord incentive programs and the benefits of participation • Advocate for clients’ housing needs • Match clients to specific units with landlords who have a shared interest • Provide a hotline number to call for emergencies • Create a line of communication for when new units become available Housing Navigation Housing Navigators also have the responsibility of properly matching clients to housing units. These matches require the following activities: • Conducting Housing Needs Assessment • Creating Housing Budget • Completing housing applications • Addressing and overcoming any potential barriers to housing (no/low credit, criminal charges, lack of rental history, etc.) • Introducing landlord to client • Introduction to the neighborhood so the client can assess access and transportation to daily errands and supportive services Housing Documentation A large part of case management involves providing the proper documentation to move through the housing process. City Net case managers assist clients in obtaining the following documents needed to be housed: • Signed HMIS Release of Information and Confidentiality Agreement • Copy of ID, Social Security Card, DD-214 (if applicable) • Homeless or Chronic Homeless Verification • Disability verification (if applicable) • Proof of income • Hand-written signed copy of the lease • Lead-based paint disclosure form Page 241 of 347 4508 Atlantic Avenue, Suite 292, Long Beach, CA 90807 | @CityNetSoCal | www.citynet.org 12 • VAWA form • W-9 • HSQ Inspection • Client budget • Individualized Action Plan (IAP) • Individualized Stability Plan (ISP) • Receipts of rental payment • Copy of voucher (if applicable) • Request for Tenancy Approval (if appliable) • Rent Reasonableness form • Duplication of Benefits form Draft First Year of Deliverables, Tasks, and Milestones • 7 - Number of unduplicated clients who move into permanent housing • 12 - Number of unduplicated clients who move into a shelter or interim housing • 39 - Number of unduplicated clients who complete a CES assessment • 380 - Cumulative annual number of Outreach and Engagement encounters • 39 - Number of unduplicated individuals who receive case management services First four months of service: (October 1, 2023 – January 31, 2024)  • Case Managers enroll the first 15 clients into services and connect to the CES. • Case Managers complete document-ready status for the first round of enrollments, knowing it takes about 3 months to achieve document readiness.  • Strong focus on establishing networks and collaborations with local agencies during the first 4 months. • City Net provides monthly status reports on client engagement, enrollment, and deliverables.   Months Five to Eight of service: (February 1, 2024 – May 31, 2024) • Case Managers enroll the next 15 clients into services and connect clients to the CES. • Case Managers house the first 3 clients through relocation, RRH, PSH, etc. • City Net provides monthly status reports on client engagement, enrollment, and deliverables.   Months Nine to Twelve of service: June 1, 2024 – September 30, 2024  • Case Managers enroll the next 9 clients into services and connect clients to the CES. • Case Managers house 4 clients through relocation, RRH, PSH, etc. • City Net provides monthly status reports on client engagement, enrollment, and deliverables. Page 242 of 347 4508 Atlantic Avenue, Suite 292, Long Beach, CA 90807 | @CityNetSoCal | www.citynet.org 13 10.2. Questions for Response Provider Experience and Qualifications 1. Describe your past and present experience in providing services to the homeless population. Please include dates, names of funding sources, and a summary of services related to homeless services. The above table is not a comprehensive list of every contract we have worked on, but it is very representative of our work for the last few years. As mentioned, City Net currently has more than 50 active contracts, including city, county, state, federal, and corporate contracts, with others pending, many of them similar in type and scope to the type of services in this RFP. Most of our contracts are yearlong and usually get renewed serially, depending on funding availability. The range of services we provide has also been detailed, but we do homelessness prevention, street outreach and engagement, case management, housing navigation, emergency/interim/bridge housing, permanent supportive housing, homeless censuses, and non-congregate shelters. Page 243 of 347 4508 Atlantic Avenue, Suite 292, Long Beach, CA 90807 | @CityNetSoCal | www.citynet.org 14 Services Provide a detailed response to the following questions. 1. Describe how your agency will ensure services are provided in a culturally competent manner. City Net does not discriminate amongst its clients on the basis of race, color, ancestry, religion, religious creed, sex, gender, national origin, age, disability, HIV status, marital status, military or veteran status, sexual orientation, gender identity, gender expression, genetic information, medical condition, or any other protected characteristic under applicable law. Working in seven counties in California, already a diverse region, City Net’s clients reflect the full diversity of culture, race, and ethnicity. A disproportionate number of California’s homeless population identifies as African American, Asian American, Latino American, or Native American, and because of increased discrimination against and victimization of these neighbors, City Net seeks to assist this specific population in our day-to-day work. Our staff are trained to practice advocacy at the forefront of our work and actively support reforms to inequities within the systems that continue to devastate our most vulnerable neighbors. City Net conducts staff trainings on Implicit Bias, Cultural Competency, and Capitalizing on Diversity, as well as on Building a Culture of Anti-Racism published by OC Human Relations. City Net also values the certifications of external agencies for the sake of accountability, integrity, and trust-building amongst its constituents, donors, stakeholders, clients, and staff, and as such has achieved Platinum status for the last four years from GuideStar, one of the premier certification agencies for nonprofit organizations. One area newly introduced in their evaluation process is the Diversity, Equity, and Inclusion status. It is in the plan and vision of City Net to comply with all DEI inquiries. Our street and encampment outreach itself is designed to be comprehensive in nature, engaging every single individual we encounter who may be experiencing homelessness. 2. Describe your agency experience providing homeless related services and how your agency will form and maintain effective collaborations with city departments, community providers, law enforcement, neighbors and other residents, businesses, the County of Riverside and Continuum of Care providers. Partnering with existing service providers is part of our modus operandi. We do so not out of obligation, but out of a sincere belief that only in partnership with others will street level homelessness be eliminated. In our very vision statement, our objective is to reduce homelessness to functional zero in the regions we serve through collaborative supportive services, housing provision, and data-driven solutions that empower our clients to reach their personal goals. We don’t have the space to list our partnerships here, but the list is over 250 partnering agencies. We have relationships with and formal contracts and MOU’s with shelters, mental health facilities, and rehab centers throughout California for the purpose of securing beds or placements for our clients. We partner with several agencies for medical and mental health professionals to accompany our Response Teams to the calls they are dispatched to, allowing us to offer additional onsite services right where a Page 244 of 347 4508 Atlantic Avenue, Suite 292, Long Beach, CA 90807 | @CityNetSoCal | www.citynet.org 15 person is at than we would be able to offer ourselves. We have also partnered both formally and informally with many service and faith-based organizations and foundations for the production and distribution of hygiene kits, snack kits, and welcome home baskets. Specific to Riverside County, partnering agencies will include: • Chrysalis • Coachella Valley Rescue Mission • Corona Substance Abuse Center • Love Riverside • Make It Cozy Home Furnishings • Path of Life Ministries • Pathways of Hope • People Assisting the Homeless (PATH) • Riverside Access Center • Riverside Behavioral Healthcare Center • Riverside Municipal Airport • Riverside Police Department • Salvation Army • Union Pacific Railroad • VA Community Resource and Referral Centers • Mercy House • Helping Hearts • Step Up Outreach 3. Describe your agency’s model for outreach and engagement to the homeless community; and how that model will be a strong fit for the city of Palm Desert. What best practices or evidence-based practices will you use, especially trauma-informed care, into the model to be used. Will vehicles be leased, or personal vehicles be used? Our staff are trained in client-centered, trauma-informed, housing first, and harm reduction methodologies, and offer robust relationship-building, and professional case management in coordination with Homeless Management Information System (HMIS), the Coordinated Entry System (CES), and evidence-based practices. We have developed strategies and specialized teams for each subpopulation that we serve. We use triggers for change to elicit internal motivation to take the necessary steps to change their lives. We do not push what we think is best, but we honor client choice to create an individualized action plan meeting clients where they are at. We also follow progressive engagement practices, where we meet intensively with the client to address immediate needs, and gain trust and rapport (2-3 times per week) and then slowly decrease the frequency of contact as the client becomes more stabilized, independent, and continues achieving document ready status. We have proven success with our clients through compassion, consistency, and utilizing the client’s timing in order to accept services. Page 245 of 347 4508 Atlantic Avenue, Suite 292, Long Beach, CA 90807 | @CityNetSoCal | www.citynet.org 16 All City Net programs are informed by and consistent with Housing First principles. Housing First is an approach to serving people experiencing homelessness that recognizes a client must first be able to access a decent, safe place to live that does not limit the length of stay (permanent housing) before stabilizing, improving health, reducing harmful behaviors, or increasing income. Under the Housing First approach, anyone experiencing homelessness is connected to a permanent home as quickly as possible, and programs remove barriers to accessing housing, like requirements for sobriety or absence of criminal history. No one is rejected based on poor credit or financial history, poor or lack of rental history, criminal convictions unrelated to tenancy, or behaviors that indicate a lack of “housing readiness.” Housing First also recognizes the need for robust supportive services upon housing placement. It is not “Housing Only” or “Housing Alone”, but “Housing First”, which implies that additional steps are generally needed to achieve successful long-term housing stability. All clients in this proposed project will be entered into HMIS and connected to the Coordinated Entry Systems (CES). Case managers will work with clients to achieve document-ready status and enter those documents into the CES to connect clients to potential housing and shelter opportunities. In addition to assuring that resources flow to the most vulnerable homeless individuals through CES, these systems also provide a safeguard against duplication of services because we can see in HMIS what other services and benefits the client is receiving, as well as the agency who may be providing these services. Our case managers reach out to their counterparts at these other agencies to confirm the provision of services, to case conference, and to clarify any questions around potential duplication. When appropriate, City Net staff conduct diversion screening and reunification support to prevent those with other resources from entering the homeless shelter system. In our vision statement, City Net’s objective is to reduce homelessness to functional zero in the regions we serve through collaborative supportive services, housing provision, and data-driven solutions that empower our clients to reach their personal goals. We know we can best accomplish this with our professional staff, upbeat passion, courage, integrity, and intra-/inter- agency collaboration. Due to safety regulations and best practices, City Net will use leased vehicles only to transport clients. Transportation in personal vehicles is against company policy. 4. Describe how your organization will accomplish the following: Provide homeless services including (1) Outreach and Engagement; (2) Case Management; (3) Housing Navigation; (4) Care Coordination; (5) Referral and Linkage to supportive services to any individual experiencing homeless; (6) Linkage to Mental Health and/or Substance Use Treatment and Services; and (7) Creation and management of a City By-Name List of people experiencing homelessness in the city. What is your model for getting someone off the streets and into shelter, permanent supportive housing, interim housing, mental health/substance use programs/services, and/or other housing opportunities. Include your experience working with the Coordinated Entry System, Housing Vouchers, Rapid Rehousing Services or any other housing focused program. This is covered in D. 1. above, but reiterated here for ease of navigation. Page 246 of 347 4508 Atlantic Avenue, Suite 292, Long Beach, CA 90807 | @CityNetSoCal | www.citynet.org 17 Outreach Engagement is one of the visible services City Net provides, and case managers are trained to follow best practices in a professional manner. Before beginning outreach engagement, case managers must pass 80 hours of case management training which includes, but is not limited to: rapport building, whole-person care, implicit bias, mental health and behavioral health first aid, trauma-informed care, housing first principles, de-escalation, motivational interviewing, progressive engagement, and housing retention services. Case Managers are aware that it can take between 8-10 engagements before an outreach contact agrees to services and continue to visit clients with patience until they are ready to engage. Engagement Services Engagement Services are activities to locate, identify, and build relationships with unsheltered homeless individuals to offer immediate support, intervention, and connections with homeless assistance programs and/or mainstream social services and other housing programs. Specific activities include: • Responding to community needs reported through email, phone calls, and texts from City of Palm Desert staff, hospital discharge staff, law enforcement, and other homeless service agencies • Documenting outreach engagements properly in HMIS and City Net’s internal tracking software to create a by-name list • Providing opportunities for outreach engagements at any community-hosted events • Conducting an initial assessment of client needs and eligibility • Providing informal crisis counseling • Addressing urgent physical needs, such as providing meals, blankets, clothes, or toiletries • Actively connecting and providing information and referrals to needed services. Collaboration City Net recognizes it takes a village to get clients the support and care they need, and regularly collaborates with: • Chrysalis • Coachella Valley Rescue Mission • Corona Substance Abuse Center • Love Riverside • Make It Cozy Home Furnishings • Path of Life Ministries • Pathways of Hope • People Assisting the Homeless (PATH) • Riverside Access Center • Riverside Behavioral Healthcare Center • Riverside Municipal Airport • Riverside Police Department • Salvation Army • Union Pacific Railroad Page 247 of 347 4508 Atlantic Avenue, Suite 292, Long Beach, CA 90807 | @CityNetSoCal | www.citynet.org 18 • VA Community Resource and Referral Centers • Mercy House • Helping Hearts • Step Up Outreach Emergency Health City Net will refer homeless neighbors to emergency health services to the extent that other customary emergency health services and treatments are unavailable or inaccessible to the homeless neighbor. An example of emergency health services to which City Net will refer homeless neighbors is outpatient treatment of urgent medical conditions by licensed medical professionals in community-based settings (e.g., streets, parks, campgrounds) to those eligible participants unwilling or unable to access emergency shelter or an appropriate healthcare facility. City Net may assist healthcare professionals in the case management aspects of the following activities: • Assessing health problems and developing treatment plans • Assistance in understanding health needs • Administering Narcan when necessary and partnering with Public Health and/or County Mental Health providers to distribute Narcan with educational information when available • Providing directly or assisting to obtain appropriate emergency medical treatment • Providing medication and follow-up services. Emergency Mental Health City Net will refer homeless neighbors to emergency mental health services to the extent that other customary emergency mental health services and treatments are unavailable or inaccessible to the homeless neighbor. An example of emergency health services to which City Net will refer homeless neighbors is outpatient treatment of urgent mental health conditions by licensed professionals in community-based setting (e.g., streets, parks, and campgrounds) to those eligible participants unable or unwilling to access emergency shelter or an appropriate mental health care facility. City Net may assist mental healthcare professionals in the case management aspects of the following activities: • Crisis intervention • Prescription of psychotropic medications • Explanation about the use and management of medications • Combinations of therapeutic approaches to address multiple problems Transportation Occasionally, City Net may engage in transportation activities, including: • Transportation of unsheltered people to emergency shelters, emergency health, emergency mental health, or other service facilities • Provision of public transportation for participants Page 248 of 347 4508 Atlantic Avenue, Suite 292, Long Beach, CA 90807 | @CityNetSoCal | www.citynet.org 19 • Transportation costs (bus tickets, gas, minor car repairs, etc.) to assist homeless neighbors to relocate out of the region, provided they have permanent housing there. • Assistance to program participants to use public transportation. Services for Special Populations Services for special populations are essential services that have been tailored to address the special needs of homeless youths, those with criminal backgrounds and/or history of involvement with the justice system, victims of domestic violence, dating violence, sexual assault, or stalking, including connections to services offered by rape crisis centers, domestic violence shelters, and other organizations that serve persons who meet the HUD definition of homelessness and have special needs. Food and Emergency Services Food and other emergency services will be given to clients primarily as they first move into housing and for emergency circumstances. During the duration of their tenancy, clients will be connected to food banks and service agencies in the community as their primary resource for emergency needs. In addition to street outreach and engagement, City Net also enrolls clients in HMIS and works to connect clients to cash/non-cash benefits and permanent housing plans. City Net practices progressive engagement in case management, meaning case managers strive to meet clients frequently in the beginning (1-3 times per week) until a strong rapport is built, clients stabilize, and housing documents are obtained. They then reduce the number of interactions to weekly or bi-weekly as clients progress through the system and get closer to their housing goals. Case Management Case management activities to assess housing and service needs and arrange, coordinate and/or monitor the delivery of individualized services. Specific activities include: • Assessment and intake using HMIS • Completing and entering VI-SPDAT scores in HMIS • Conducting initial evaluations including verifying and documenting eligibility • Counseling • Developing/securing/coordinating services • Helping obtain Federal, State, and local benefits • Monitoring and evaluating program participant progress in particular programs • Providing information and referrals to other providers • Developing an individualized housing stabilization plan that leads to the attainment of stable permanent housing. Supportive Services Supportive services may include providing access to and assistance in obtaining: Page 249 of 347 4508 Atlantic Avenue, Suite 292, Long Beach, CA 90807 | @CityNetSoCal | www.citynet.org 20 • Medicaid/Medi-Cal • Women, Infants and Children (WIC) • Food Stamps/CalFresh/EBT • Federal-State Unemployment Insurance Program • Social Security Disability Insurance (SSDI) • Supplemental Security Income (SSI) • General Relief (GR) • Other mainstream resources such as housing, health, social services, employment, education services and youth programs that an individual or family may be eligible to receive. Landlord Engagement Landlord engagement involves housing navigators and case managers reaching out to private landlords in the community to advocate for clients to be matched to housing opportunities. Specific activities include: • Educate private landlords on the Rapid Re-Housing program’s policies and protocols • Provide information regarding City Net’s landlord incentive programs and the benefits of participation • Advocate for clients’ housing needs • Match clients to specific units with landlords who have a shared interest • Provide a hotline number to call for emergencies • Create a line of communication for when new units become available Housing Navigation Housing Navigators also have the responsibility of properly matching clients to housing units. These matches require the following activities: • Conducting Housing Needs Assessment • Creating Housing Budget • Completing housing applications • Addressing and overcoming any potential barriers to housing (no/low credit, criminal charges, lack of rental history, etc.) • Introducing landlord to client • Introduction to the neighborhood so the client can assess access and transportation to daily errands and supportive services Housing Documentation A large part of case management involves providing the proper documentation to move through the housing process. City Net case managers assist clients in obtaining the following documents needed to be housed: Page 250 of 347 4508 Atlantic Avenue, Suite 292, Long Beach, CA 90807 | @CityNetSoCal | www.citynet.org 21 • Signed HMIS Release of Information and Confidentiality Agreement • Copy of ID, Social Security Card, DD-214 (if applicable) • Homeless or Chronic Homeless Verification • Disability verification (if applicable) • Proof of income • Hand-written signed copy of the lease • Lead-based paint disclosure form • VAWA form • W-9 • HSQ Inspection • Client budget • Individualized Action Plan (IAP) • Individualized Stability Plan (ISP) • Receipts of rental payment • Copy of voucher (if applicable) • Request for Tenancy Approval (if appliable) • Rent Reasonableness form • Duplication of Benefits form 5. Describe how your team will manage behavioral health crisis or public safety situations when engaging individuals in the field. City Net staff are trained in de-escalation techniques and proper safety protocols to address clients who are experiencing mental health crises or are in unsafe environments and situations. Case managers are well versed in IBOC training, skills that will help reduce or eliminate the risk of violence, and deter clients from needing higher level of care such as emergency room visits or calls to law enforcement by helping them stabilize to a calmer state. By focusing on clients’ needs, case managers are able to provide empathetic compassion and address behavioral issues with less confrontation to gain control. This increases the receptivity and engagement of clients to services. 6. Describe how you will collect, and input data based on services provided. Include the process for data collection and how your organization will ensure data is maintained in compliance with applicable confidentiality requirements. How will data be communicated to the city? Share any data collection forms either already in use or proposed for this program. Page 251 of 347 4508 Atlantic Avenue, Suite 292, Long Beach, CA 90807 | @CityNetSoCal | www.citynet.org 22 In accordance with our street outreach and engagement policies and procedures, City Net staff record all assessments and subsequent services in the Homeless Management Information System (HMIS), which requires them to enter and maintain timely and complete client data.   All clients in this proposed project will be entered and confidentially stored in HMIS and, as appropriate for prospective candidates, the Coordinated Entry System (CES). City Net staff are trained in these systems, and our written policies and procedures state their work must be coordinated through these systems.  City Net will also create a Persons Served List (PLS) as completed for past contracts to track clients’ movement throughout the system of care and to refer to in case conferencing. HMIS securely records information (data) about people accessing housing and homeless services, which may include, but is not limited to, names and contact information, birthdates, demographic information, self-reported medical information, veteran status, disability status, etc. Under the HMIS Data-Sharing Agreement, the individual client data of those who consent to have their information stored in HMIS is only viewable by qualified staff at each participating agency. To participate in HMIS, leaders at each agency must sign an Agency Agreement that includes a commitment to protecting client data and maintaining confidentiality. Agency staff (HMIS End Users) also must pass multiple trainings that go over the importance of client privacy.  City Net is accountable to our HMIS Data-Sharing partners, to the Riverside County Continuum of Care, and to the Department of Housing and Urban Development (HUD) to maintain the privacy and security of the personal information collected about clients. Aside from these legal and funding-related obligations, City Net also has an ethical responsibility to clients to not share their personal data in ways to which they have not agreed. To ensure our commitment to excellent data collection, privacy and security, analysis and reporting practices, we do not authorize external agencies to complete these functions on behalf of the agency except in very limited circumstances and only with prior written approval and City Net's full participation.  In addition to assuring that resources flow to the most vulnerable homeless individuals (through CES), these systems also provide a safeguard against duplication of services. Our case managers and housing navigators are trained to reach out to their counterparts at other agencies to confirm provision of services, to case conference, and to clarify any questions around potential duplication.  The caseloads of our case managers are closely monitored by our data team to ensure clients active in the HMIS are receiving services and exited appropriately as well.  Page 252 of 347 4508 Atlantic Avenue, Suite 292, Long Beach, CA 90807 | @CityNetSoCal | www.citynet.org 23 City Net case managers and housing navigators are equipped with laptops and/or iPads to ensure live data entry into the HMIS and CES systems. This ensures that we are following the timeliness standards set by the Continuum of Care while also limiting room for error.  7. What type of screening tools and outcome measures will you use to assist in linkage to mental health and/or substance use treatment? Please be specific in your examples, i.e. We use the Screening, Brief Intervention and Referral to Treatment (SBIRT) Tool, etc. City Net does not currently have a standard assessment tool for its case managers to use while engaging with clients and potential clients on the streets. It has used the VI-SPDAT in the past but is open to utilizing other screening tools and other assessments, including the SBIRT, for its work in connecting clients to the proper services. 10.3. Performance Objectives and Staffing Performance Objectives Provide a detailed response to the following questions: 1. Describe how your agency will track and collect outreach and engagement data, including the number of unduplicated individuals engaged, sheltered, housed, and connected to substance use and other supportive services. City Net leadership will meet with City of Palm Desert staff to discuss the contract’s reporting requirements and data priorities prior to the contract start date. City Net’s data team will set up the contract in HMIS with the data points that the server host is able to track, i.e., the number of unduplicated individuals engaged, sheltered, housed, connected to substance use and other supportive services and creation of a by-name list. If there are data points the City of Palm Desert is interested in, City Net is also able to create internal tracking systems and ArcGIS software to collect these data points. Year-to-date Data Dashboard updates will be provided to the City of Palm Desert monthly. 2. Describe your agency’s experience with outcome measures focused on homeless services and street outreach. Please include what tools you have used and describe your plan for applying that process to this contract. Page 253 of 347 4508 Atlantic Avenue, Suite 292, Long Beach, CA 90807 | @CityNetSoCal | www.citynet.org 24 Coordination between our Development, Data, Finance, and Program teams will take place at the beginning of the contract, if awarded, to clearly delineate all required documentation and their timelines, expected reporting deadlines and frequency. The tools we use have been described in detail in other sections in this RFP. All the contracts City Net has with other CoC entities have reporting requirements, by which we abide, aiming to exceed all stated expectations and benchmarks. It is through our commitment to excellence that we are able to renew our contracts with these entities serially/annually. Staffing Provide a detailed response to the following questions. 1. Describe the number and type of staff that will be allocated to this program. Direct Service FTEs (2.25) Regional Program Director (0.05 FTE): Senior-level staff responsible for overall project compliance with management, operations, and public safety standards. Program Supervisor (0.1 FTE): Responsible to direct all street outreach and engagement, case management and housing navigation activities, staff management/ supervision, and project coordination. The Program Supervisor will also engage in direct services as needed in these categories to assure that all programmatic goals and objectives are met within the operational framework of the project. Case Manager (1.0 FTE): Staff responsible for street outreach and engagement, case management, and housing navigation. Lead Case Manager (1.0 FTE): Staff responsible for street outreach and engagement, case management, and housing navigation, who has demonstrated leadership capabilities, and proficiency and experience in homeless services. Data Analyst (0.1 FTE): Staff responsible for data collection, completing data entry, monitoring and reviewing data quality, completing data analysis, reporting to HMIS, training staff on using HMIS, and implementing and complying with HMIS requirements. Indirect Service FTEs (0.28): Executive Leadership, Finance, HR, Operations, and Community Engagement Page 254 of 347 4508 Atlantic Avenue, Suite 292, Long Beach, CA 90807 | @CityNetSoCal | www.citynet.org 25 2. Describe how you will recruit, hire, train, and supervise staff to provide the services described in this RFP. What is your agency's process for recruiting, training, and retaining multilingual/multicultural staff? City Net is an equal opportunity employer. A copy of its applicable Equal Opportunity and Affirmative Action Policy will be available in the Employee Handbook and through the Human Resources Department of the Administrative Offices. Screening Procedure In general, candidates follow all steps below starting at step 0 or 1. 0. Pre-application sourcing/proactive recruitment Position openings will be posted on City Net’s Careers webpage. We use the Gravity App to encourage our staff to share our job postings with great candidates in their networks. We also offer a Referral Incentive for employees who refer a candidate who successfully completes their 60-Day Introductory Period. Aside from employee referrals, our Talent Acquisition Partner finds and proactively contacts potential candidates through LinkedIn, Facebook, Google, AI SmartSourcing, and other sources. 1. Initial Review All candidates are required to complete an initial pre-screening questionnaire with questions specific to the role for which they are applying, and to submit a current resume. Our Recruiters review—with human eyes—all candidates’ Resumes, Cover Letters (if applicable), Screening Questions, and any job- specific Assessments to determine whether each application meets the minimum qualifications for the position sought. We do not consider your name, or the names of your undergraduate and graduate schools from your resume. This process is aimed at opening all our job opportunities to more candidates, reviewing applicants on performance assessments instead of resume proxies (e.g., where you went to school). 2. Phone Interview A Recruiter conducts a short phone interview with matching candidates (10-25 minutes, depending on the position). Successful candidates’ files are sent to the hiring team, who will decide whether to move forward. We inform candidates of the hiring supervisor’s decision, regardless of the outcome. 3. Pre-Employment Information Gathering & Skills Tests Successful candidates will be sent an information-gathering form to complete which includes professional reference information, specific hours of availability, etc. Most positions also require special skills tests such as online calendars, case note writing, proofreading, etc. 4. In-Person/Video Interview The hiring supervisor invites successful candidates to an initial in-person or video interview (depending on the position). Candidates who pass this interview move on to an Observational or Panel interview. 5. Observational Interview (for client-facing positions) or Panel Interview (back-office support staff positions) Client-facing positions: The hiring supervisor schedules an interview in the field or shelter so that the candidate can observe the position’s pace, population, and environment to ensure that they feel it’s a good fit for them. The interviewer will also observe the candidate’s interactions with our staff and ask additional interview questions. Back-office positions: The hiring supervisor conducts a panel interview with candidates and appropriate other staff or Board members. This interview may include a live skills observation, such as a screenshare while the candidate completes a set of tasks in Excel. Page 255 of 347 4508 Atlantic Avenue, Suite 292, Long Beach, CA 90807 | @CityNetSoCal | www.citynet.org 26 6. References and Social Media Check A recruiter contacts the professional references provided on the information gathering form and conducts a web/public Social Media Check. 7. Wage Recommendation A Human Resources Admin reviews the candidate’s previous experience and education and makes a starting wage recommendation to the hiring manager based on our current Wage Ranges and Education & Experience Criteria. 8. Staffing Change Request The hiring supervisor submits a request for approval from Finance and Management. 9. Conditional Offer of Employment Human Resources prepares and sends a conditional offer of employment. 10. Background Check Once a conditional offer has been accepted, a criminal history record check and Motor Vehicle Report (if applicable for the position) are run. 11. Pre-Hire Documentation For those who successfully pass our background check requirements, 0ur People Operations Coordinator and HR staff work with candidates to gather necessary documentation prior to the first day of work, such as proof of education, headshots, etc. 12. Onboarding Day 1 of employment with City Net includes onboarding with our People Operations Coordinator, document signing, introduction to your supervisor and colleagues, and basic training. 13. Orientation & Training The first 60 to 90 days (two to three months) of employment include general organization-wide as well as job-specific orientation and training with your supervisor, lead(s), and our People Operations Coordinator. Activities are tracked through an individual Planner, trainings through our Learning Management System, and 1:1s and 30-, 60-, and 90-day Reviews through our Performance Management System. Acceptance Procedure A completed application packet and staff letter of recommendation will be sent to the head of the Human Resources Department who conducts a thorough background check. Every potential applicant will be screened for active warrants, violent felony convictions, sexual offenses which require registration, and legal ability to work. The applicant must successfully complete all screening requirements before they will be able to begin working directly with clients. Upon hire, the new employee will sign a job agreement form and will be provided a job description informational sheet for their records. They will also attend a general orientation program led by the Head of the Human Resources Department. This orientation will cover important topics, such as but not limited to, sexual harassment policies, and appropriate interactions with co-workers, volunteers, and clients. Training places a heavy emphasis on appropriate conduct between staff and clients and will be expected to adhere to these practices when interacting with clients. Program Manager and Operations manager will complete a lengthier program-specific orientation process. It is the policy of the Organization to provide equal employment opportunities without regard to race, color, ancestry, religion, religious creed, sex, gender, national origin, age (40 years of age and older), disability, HIV status, marital status, military or veteran status, sexual orientation, gender identity, Page 256 of 347 4508 Atlantic Avenue, Suite 292, Long Beach, CA 90807 | @CityNetSoCal | www.citynet.org 27 gender expression, genetic information, medical condition, or any other protected characteristic under applicable law. This policy relates to all phases of employment, including, but not limited to, recruiting, employment, placement, promotion, transfer, demotion, reduction of workforce and termination, rates of pay or other forms of compensation, selection for training, the use of all facilities, and participation in all company-sponsored employee activities. Provisions in applicable laws providing for bona fide occupational qualifications, business necessity, or age limitations will be adhered to by the Organization where appropriate. As part of the company's equal employment opportunity policy, the Organization will also take affirmative action as called for by applicable laws and Executive Orders to ensure that minority group individuals, females, disabled veterans, recently separated veterans, other protected veterans, Armed Forces service medal veterans, and qualified disabled persons are introduced into the Organization’s workforce and considered for promotional opportunities. The objective of the Organization’s Equal Employment Opportunity and Affirmative Action Policy is to improve the Organization’s success by: ● attracting and retaining the best possible employees ● providing a safe, respectful, and flexible work environment ● delivering our services in a safe, respectful, and reasonably flexible way Any employee observing or subjected to unlawful discrimination by another employee, manager, client, agent, vendor, or any third party to the Organization is to promptly and fully report the facts of the incident and the names of the individuals involved to their immediate supervisor. If the employee is uncomfortable discussing the matter with management, if the matter involves management, or if the matter is not resolved, the employee is to immediately notify any Executive Leadership Team member. All reports will be promptly investigated, and the complainant will be informed of the outcome of the investigation and of any steps that will be taken to address the issue, where applicable. Whenever possible, the confidentiality of the complaint and the anonymity of the complainant will be maintained. However, there may be instances in which the details of the complaint or identity of the complainant must be disclosed in order to investigate or address the complaint. In those instances, the complainant will be notified before disclosure is made, and the Organization will take all reasonable steps to ensure that the complainant does not suffer any reprisals or retaliation. Management may not harass, intimidate, or otherwise retaliate against employees who have 1) filed a complaint, 2) assisted or participated in an investigation, compliance review, hearing, or any other activity related to the administration of any federal, state, or local law requiring equal employment opportunity, 3) opposed any act or practice made unlawful by any federal, state, or local law requiring equal employment opportunity, and/or 4) exercised any other legal right protected by federal, state, or local law requiring equal employment opportunity. All employees are required to recognize the Organization’s Equal Employment Opportunity and Affirmative Action policy and to cooperate with its implementation. Violation of this policy may result in disciplinary action, up to and including immediate termination. Page 257 of 347 4508 Atlantic Avenue, Suite 292, Long Beach, CA 90807 | @CityNetSoCal | www.citynet.org 28 The Organization will post any and all required notices and posters in a conspicuous place (available to employees and applicants). Employees with questions about required notices or posters are encouraged to contact the Human Resources. The Organization has assigned the Human Resources Director to be its Affirmative Action Officer. The Affirmative Action Officer directs and monitors the implementation of personnel procedures pertaining to equal employment opportunity and affirmative action throughout the Organization. Employees with questions about this policy are encouraged to contact the Affirmative Action Officer. 3. Provide concise job descriptions for each position that will be allocated to this program, and include minimum qualifications, education and/or experience, language capabilities, duties and responsibilities. Page 258 of 347 4508 Atlantic Avenue, Suite 292, Long Beach, CA 90807 | @CityNetSoCal | www.citynet.org 29 Page 259 of 347 4508 Atlantic Avenue, Suite 292, Long Beach, CA 90807 | @CityNetSoCal | www.citynet.org 30 Page 260 of 347 4508 Atlantic Avenue, Suite 292, Long Beach, CA 90807 | @CityNetSoCal | www.citynet.org 31 Page 261 of 347 4508 Atlantic Avenue, Suite 292, Long Beach, CA 90807 | @CityNetSoCal | www.citynet.org 32 Page 262 of 347 4508 Atlantic Avenue, Suite 292, Long Beach, CA 90807 | @CityNetSoCal | www.citynet.org 33 Page 263 of 347 1 8/2/23 matt@citynet.org Category Title/Role Description Full Comp Hrs/ week Wks FTE TOTAL Client services Regional Program Director Project compliance with management, operations and public safety standards to achieve programmatic outcomes $52.37 2 52 0.05 $5,446.48 Client services Program Supervisor Direct program activities, staff management/supervision and project coordination. $44.74 4 52 0.10 $9,305.92 Client services Case Manager I Street outreach and engagement, case management $29.98 40 52 1.00 $62,358.40 Client services Case Manager II Street outreach and engagement, case management $33.76 40 52 1.00 $70,220.80 Client services Data Analyst Data management, reporting to/compliance with HMIS requirements $36.26 4 52 0.10 $7,542.08 Client services Community Engagement Align with stakeholder activities and generate resources for client needs $34.64 2 52 0.05 $3,602.56 Staff support Executive leadership Quality control, problem solving $99.79 1 52 0.03 $5,189.08 Staff support Finance non-exempt Payroll, billing, financial controls $34.36 2 52 0.05 $3,573.44 Staff support Finance exempt Payroll, billing, financial controls $61.50 1 52 0.03 $3,198.00 Staff support HR non-exempt Staff recruiting, hiring, training, disputes $35.57 2 52 0.05 $3,699.28 Staff support HR exempt Staff recruiting, hiring, training, disputes $64.54 1 52 0.03 $3,356.08 Staff support Operations non-exempt Inventory, purchasing, technical support $37.74 1 52 0.03 $1,962.48 Staff support Operations exempt Inventory, purchasing, technical support $46.29 1 52 0.03 $2,407.08 2.53 $181,861.68 Category TOTAL Transportation/ Officing $24,000.00 Housing Assistance $12,000.00 $36,000.00 Category TOTAL Equipment $10,332.30 Materials/Supplies $2,196.75 Materials/Supplies $2,651.25 Materials/Supplies $909.00 Materials/Supplies $1,136.25 $17,225.55 Category TOTAL De minimis rate for non- federal entity $23,508.72 $23,508.72 $258,595.95 Operations and Program Expenses Palm Desert Homeless Street Outreach and Engagement 12-Month Budget 1 team, full-time M-F, with staff support and client services funds Labor Labor Subtotal: Client Services Description Client/staff transport (1 vehicle), with mobile officing capabilities, vehicle lease, gas, vehicle insurance, maintenance Fees, rental assistance and move-in costs for: rapid rehousing, sober living homes, room and board, rooms for rent, relocations, emergency shelter vouchers, etc. Also fees for documentation, local transportation, work expenses, etc. Client Services Subtotal: Description Phones, computers (hardware and software) and equipment Uniforms, copies, forms, office supplies, equipment, etc. IT support and client management software licenses Financial audit Project TOTAL Notes: Rates current as of 8/2/23. Second year includes increases in labor, materials and supplies tied to recent local consumer price index. New contracts require 90-day startup time and 20% advance payment. Advance payment will be credited proportionately on each monthly invoice. Liability Insurance Operations and Program Expenses Subtotal: Indirect Costs Description Per 2 CFR 200.414-11, de minimis rate established for non-Federal entities who do not have negotiated Indirect Cost Rate. This fee is charged at a rate of 10% to offset expenses incurred by the organization but not billable as direct project expenses. Indirect subtotal: Page 264 of 347    Contact jessica@citynet.org www.linkedin.com/in/jessica- avelar-bruce-431177154 (LinkedIn) Top Skills Nonprofit Organizations Philanthropy Conflict Resolution Jessica Avelar-Bruce Chief Program Officer at City Net SoCal Los Angeles Metropolitan Area Summary Experienced Chief Program Officer with a demonstrated history of working in the non-profit organization management industry. Skilled in Nonprofit Organizations, Case Management, Conflict Resolution, Philanthropy, and Program Development. Strong business development professional graduated from California State University, Fullerton. Experience City Net SoCal 5 years 8 months Chief Program Officer October 2019 - Present (3 years 5 months) Anaheim, California, United States Director of Programs January 2019 - October 2019 (10 months) Director of Outreach and Engagement July 2017 - January 2019 (1 year 7 months) Colette's Children's Home Program Supervisor August 2006 - July 2017 (11 years) Education California State University, Fullerton Bachelor's degree   Page 1 of 1 Page 265 of 347    Contact www.linkedin.com/in/rosalinda- chio-46641496 (LinkedIn) Rosalinda Chio Director of Programs at City Net Homeless Services Anaheim, California, United States Experience The Salvation Army Homeless Services Case Manager City Net Homeless Services Director of Programs January 2020 - Present (3 years 2 months) Education University of Phoenix Master's degree, Psychology  Page 1 of 1 Page 266 of 347    Contact PO Box 90243 Long Beach, CA 90809 562-208-0500 (Mobile) bfieldhouse@bedrockcreek.co m www.linkedin.com/in/brad- fieldhouse-b8a933a (LinkedIn) www.barnabasgroup.org (Company) www.kingdomcauses.org (Company) Brad Fieldhouse President at Bedrock Creek Long Beach, California, United States Experience Bedrock Creek President June 2013 - Present (9 years 9 months) City Net Executive Director January 2012 - Present (11 years 2 months) Barnabas Los Angeles Managing Partner March 2008 - Present (15 years) "Connecting Marketplace leaders with Ministry Opportunities" Kingdom Causes Executive Director January 2005 - January 2012 (7 years 1 month) Education Bakke Graduate University Dmin, Transformational Leadership for the Global City · (2007 - 2011) Fuller Theological Seminary MDiv, Theology · (1995 - 2001) California State University, Long Beach BS Biology, Physiology · (1990 - 1994) Valley Christian HS  Page 1 of 1 Page 267 of 347 Page 268 of 347 Contract No. ___________ 1 Revised 07-2023 BBK 72500.00001\32374915.1 CITY OF PALM DESERT PROFESSIONAL SERVICES AGREEMENT 1. Parties and Date. This Agreement is made and entered into this 28th day of September, 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 (“City”) and Kingdom Causes, DBA City Net, a Nonprofit with its principal place of business at 4508 Atlantic Avenue, Suite 292, Long Beach, CA 90807 ("Vendor"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. Recitals. 2.1 Project. The City is a public agency of the State of California and is in need of professional services for the following project: Homeless Outreach and Engagement Services Project (hereinafter referred to as “the Project”). 2.2 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant is duly licensed and has the necessary qualifications to provide such services. 3. Terms. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. City Net promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. Additionally, Consultant shall comply with all Federal requirements applicable to the Services as set forth in Exhibit “A-I” and attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control. 3.1.2 Term. The term of this Agreement shall be from October 1, 2023, to June 30, 2024, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than 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. 3.2 Responsibilities of Consultant. 3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Page 269 of 347 Contract No. ___________ 2 Revised 07-2023 BBK 72500.00001\32374915.1 Any personnel performing the Services shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees, or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: Jessica Avelar-Bruce, Chief Program Officer. 3.2.5 City's Representative. The City hereby designates Jason Austin, Social Services Coordinator, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the scope of services or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee. 3.2.6 Consultant's Representative. Consultant hereby designates Jessica Avelar-Bruce, Chief Program Officer or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants, and other staff at all reasonable times. Page 270 of 347 Contract No. ___________ 3 Revised 07-2023 BBK 72500.00001\32374915.1 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation. Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 3.2.10 Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and Page 271 of 347 Contract No. ___________ 4 Revised 07-2023 BBK 72500.00001\32374915.1 regulations in any manner affecting the performance of the Project or the Services and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. 3.2.10.1 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement. 3.2.10.2 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, physical disability, ancestry, sex, age, marital status, gender, gender identity, gender expression, sexual orientation, reproductive health decision making, veteran or military status, or any other consideration made unlawful by federal, state, or local laws. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.3 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. 3.2.11 Insurance. 3.2.11.1 Minimum Requirements. Without limiting Consultant’s indemnification of City, and prior to commencement of the Services, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. (B) Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City’s Risk Manger may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. Page 272 of 347 Contract No. ___________ 5 Revised 07-2023 BBK 72500.00001\32374915.1 (C) Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. (D) Workers’ Compensation Insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, volunteers, and representatives. (E) Umbrella or Excess Liability Insurance. Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions: (1) A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (2) Pay on behalf of wording as opposed to reimbursement; (3) Concurrency of effective dates with primary policies; and (4) Policies shall “follow form” to the underlying primary policies. (5) Insureds under primary policies shall also be insureds under the umbrella or excess policies. (F) Fidelity Coverage. Consultant shall provide evidence of fidelity coverage on a blanket fidelity bond or other acceptable form. Limits shall be no less than $1,000,000 per occurrence. (G) Cyber Liability Insurance. Consultant shall procure and maintain Cyber Liability insurance with limits of $1,000,000 per occurrence/loss, which shall include the following coverage: (1) Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including credit monitoring and regulatory fines arising from such theft, dissemination, or use of the confidential information. (2) Network security liability arising from the unauthorized use of, access to, or tampering with computer systems. Page 273 of 347 Contract No. ___________ 6 Revised 07-2023 BBK 72500.00001\32374915.1 (3) Liability arising from the failure of technology products (software) required under the contract for Consultant to properly perform the services intended. (4) Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name inf ringement or improper deep-linking or framing, and inf ringement or violation of intellectual property rights. (5) Liability arising from the failure to render professional services If coverage is maintained on a claims-made basis, Consultant shall maintain such coverage for an additional period of three (3) years f ollowing termination of the Agreement. 3.2.11.2 Other Provisions or Requirements. (A) Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (B) Duration of Coverage. Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, his/her agents, representatives, employees or subconsultants. (C) Primary/Non-Contributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self - insurance shall be called upon to protect it as a named insured. (D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may terminate this Agreement. (E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. Page 274 of 347 Contract No. ___________ 7 Revised 07-2023 BBK 72500.00001\32374915.1 (F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, volunteers, and representatives or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, volunteers and representatives and shall require similar written express waivers and insurance clauses from each of its subconsultants. (G) Enforcement of Contract Provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (I) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, volunteers and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies. (K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (M) Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with Page 275 of 347 Contract No. ___________ 8 Revised 07-2023 BBK 72500.00001\32374915.1 subconsultants, subcontractors, and others engaged in the Project will be submitted to City for review. (N) City’s Right to Revise Specifications. The City and the City’s Risk Manager reserve the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (Q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. 3.2.12 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. Failure to comply with laws, regulations, and ordinances listed in this Section is a violation of federal and state law. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations, and policies of this Section. 3.3 Fees and Payments. 3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed TWO HUNDRED FIFTY THOUSAND EIGHT HUNDRED THIRTY ONE DOLLARS AND THIRTEEN CENTS annually ($250,831.13) without written approval of the City Council or City Manager, as applicable. 3.3.2 Payment of Compensation. Consultant shall submit to City monthly invoices which provide a detailed description of the Services and hours rendered by Consultant. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written Page 276 of 347 Contract No. ___________ 9 Revised 07-2023 BBK 72500.00001\32374915.1 notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Consultant shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination of this Agreement and failure by the Consultant to submit a timely invoice may constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City or included in Exhibit "C" of this Agreement. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City. 3.4 Labor Code Requirements. 3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, agents, volunteers and representatives, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4.2 Reserved 3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services. 3.5 Accounting Records. 3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, Page 277 of 347 Contract No. ___________ 10 Revised 07-2023 BBK 72500.00001\32374915.1 documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.6 General Provisions. 3.6.1 Termination of Agreement. 3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement. 3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.6.1.3 Early Termination. Notwithstanding any provision herein to the contrary, if for any fiscal year of this Agreement the City Council fails to appropriate or allocate funds for future payment under the Agreement after exercising reasonable efforts to do so, the City may upon seven (7) days’ written notice, order work on the Project to cease. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. 3.6.1.4 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: Kingdom Causes Dba City Net 4508 Atlantic Avenue Suite 292 Long Beach, CA 90802 ATTN: Brad Fieldhouse, Executive Director City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 ATTN: Jason Austin, Social Services Coordinator Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) Page 278 of 347 Contract No. ___________ 11 Revised 07-2023 BBK 72500.00001\32374915.1 hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.6.3 Ownership of Materials and Confidentiality. 3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. 3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by professionals other than Consultant or its subconsultants, or those provided to Consultant by the City. 3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents, and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment, or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant. Page 279 of 347 Contract No. ___________ 12 Revised 07-2023 BBK 72500.00001\32374915.1 3.6.3.4 Indemnification – Documents and Data. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers, agents and representatives free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted. 3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend, and hold harmless the City, and its officers, directors, employees, agents, volunteers and representatives from and against all liabilit y, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information. 3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement. 3.6.5 [Reserved] 3.6.6 Indemnification. 3.6.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, agents, and representatives free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Page 280 of 347 Contract No. ___________ 13 Revised 07-2023 BBK 72500.00001\32374915.1 Consultant’s Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, volunteers, or representatives. 3.6.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. 3.6.7 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. 3.6.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. 3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.6.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.6.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. 3.6.12 Assignment; Subcontracting. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 3.6.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, volunteers, and representatives except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. Page 281 of 347 Contract No. ___________ 14 Revised 07-2023 BBK 72500.00001\32374915.1 3.6.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.6.16 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. 3.6.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.6.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.6.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE] Page 282 of 347 Contract No. ___________ 15 Revised 07-2023 BBK 72500.00001\32374915.1 SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND KINGDOM CAUSES DBA CITY NET 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: Todd Hileman City Manager Attest: By: Anthony Mejia City Clerk Approved as to form: By: Best Best & Krieger LLP City Attorney Brad Fieldhouse Executive Director By: Its: Printed Name: QC: _____ Insurance: _____ Initial Review _____ Final Approval Page 283 of 347 Contract No. ___________ Exhibit “A” Revised 07-2023 BBK 72500.00001\32374915.1 EXHIBIT “A” SCOPE OF SERVICES 1.CITY NET RESPONSBILITIES 1.1 City Net will assign the following staffing for program operations: Regional Program Director (0.05 FTE): Senior-level staff responsible for overall project compliance with management, operations, and public safety standards. Program Supervisor (0.1 FTE): Responsible to direct all street outreach and engagement, case management and housing navigation activiti es, staff management/ supervision, and project coordination. The Program Supervisor will also engage in direct services as needed in these categories to assure that all programmatic goals and objectives are met within the operational framework of the proje ct. Case Manager (1.0 FTE): Staff responsible for street outreach and engagement, case management, and housing navigation. Lead Case Manager (1.0 FTE): Staff responsible for street outreach and engagement, case management, and housing navigation, who has demonstrated leadership capabilities, and proficiency and experience in homeless services. Data Analyst (0.1 FTE): Staff responsible for data collection, completing data entry, monitoring and reviewing data quality, completing data analysis, reporting to HMIS, training staff on using HMIS, and implementing and complying with HMIS requirements. 1.2 City Net will work directly with City staff, including law enforcement (Sheriff) and code compliance, to provide homeless resource knowledge and experience . 1.3 City Net staff will provide the appropriate electronic equipment, including cel phones that have email functionality. 1.4 City Net staff will work to find alternatives to divert beh avioral health consumers to mental health and substance use services and supports including emergency housing, recuperative care services, detox, sober living, recovery residences, outpatient mental health programs, shelter and other mental health services. 1.5 City Net staff will provide alternatives to those who are at-risk of or experiencing homelessness through referral and linkage to other community based mental health, substance use and/or social services and housing resources to support people in treatment and recovery and connect people to care. They will also address the needs of criminal justice-involved persons, pregnant or parenting women and their families, communities of color and vulnerable populations that are disproportionately impacted by substance use disorders through development of shelter, housing and supportive service plans with participants. 1.6 City Net staff will provide alternatives to those individuals experiencing homelessness who are at-risk of mental health involuntary treatment, incarceration or arrest through Page 284 of 347 Contract No. ___________ Exhibit “A” Revised 07-2023 BBK 72500.00001\32374915.1 referral and linkage to other community based mental health and/or substance use and/or social services and housing resources. 1.7 City Net staff will provide crisis intervention service planning for individuals with mental health issues. 1.8 City Net will provide alternative service and housing option planning for individuals with substance use related issues. 1.9 City Net will make every effort to complete mental health and substance use screening tools with each individual engaged to assist in providing referral and linkage to appropriate levels of service and treatment; and to reduce barriers to housing by connecting participants to levels of care pursuant to demonstrated levels of impairment. 1.10 City Net will work with Sheriff to support individuals experiencing homelessness linking to shelter, housing and supportive service options as alternatives to incarceration when possible. 1.11 City Net will work with Sheriff, City Code Compliance and other City Departments to provide direct intervention from the perspective of homeless cultural competence training. 1.12 City Net will provide outreach and engagement, case management, housing navigation services to individuals experiencing homelessness in the City of Palm Desert. City Net will also collect data from all participant interactions and services provided. 1.13 City Net Services are defined below: • Street Outreach - Provide essential services necessary to reach out to unsheltered homeless people; connect them with emergency shelter, housing, or critical services; and provide urgent, non-facility-based care to unsheltered homeless people who are unwilling or unable to access emergency shelter, housing, or an appropriate health facility. • Case management - assessing housing and service needs, arranging, coordinating, and monitoring the delivery of individualized services to meet the needs of the program participants. Using the coordinated assessment system; conducting the initial evaluation, including verifying and documenting eligibility; counseling; developi ng, securing, and coordinating services; obtaining Federal, State, and local benefits; monitoring and evaluating program participant progress; providing information and referrals to other providers; and developing an individualized housing and service plan , including planning a path to permanent housing stability . • Housing navigation - developing housing plans, addressing the barriers identified during the plan, acquiring documentation, and completing forms required for housing. Work also involves housing search which includes attending property owner meetings, setting appointments, and assisting with paperwork related to housing applications. Navigation also includes tasks involved with securing housing including inspections, utility startups, and moving into housing. Page 285 of 347 Contract No. ___________ Exhibit “A” Revised 07-2023 BBK 72500.00001\32374915.1 • Data Collection - Staff responsible for data collection, completing data entry, monitoring and reviewing data quality, completing data analysis, reporting to HMIS, training staff on using HMIS, and implementing and complying with HMIS re quirements. • Engagement Services are activities to locate, identify, and build relationships with unsheltered homeless individuals to offer immediate support, intervention, and connections with homeless assistance programs and/or mainstream social services and other housing programs. 1.14 City Net staff will provide assistance in dealing with calls from the community, from the Sheriff and Code Compliance Departments, and the city involving individuals experiencing homelessness that involve potentially mentally ill or substance using participants. City Net staff will provide assistance and support to children and families who are either at-risk of homelessness or experiencing homelessness who are in need or services or in crisis, and linkage to appropriate community services. 1.15 City Net staff will visit local homeless service and shelter providers and engage individuals experiencing homelessness with connections to the City of Palm Desert. 1.16 City Net staff will work with Sheriff and other City Departments to engage individuals experiencing homelessness where they congregate anywhere in the City to promote linkages to shelter, housing, treatment, employment and any other appropriate supportive service that improve overall quality of life. 1.17 City Net staff will coordinate with County, other cities and community providers to increase access to services for the unhoused population in the City. 1.18 City Net staff will coordinate with County Homeless and Clinical Teams, jail incarceration diversion teams, and programs including mental health and drug courts to intervene and help divert persons into appropriate services and supports, including individuals with substance use issues into substance use treatment services and those experiencing mental health issues. 1.19 City Net staff will actively coordinate with other city departments including parks, libraries, fire department, and emergency services to respond to requests for services or education about homeless related issues. City Net staff will also develop relationships with local businesses, schools, housing managers and other stakeholders to be able to accept referrals as needed. 1.20 City Net will provide monthly data reports on services provided including ARC GIS maps on locations of outreach and engagement services. 1.21 City Net will complete an initial engagement of the city, its’ hotspots and locations where unhoused individuals congregate and a by-name list of those engaged to be used to demonstrate impact and progress. Page 286 of 347 Contract No. ___________ Exhibit “A” Revised 07-2023 BBK 72500.00001\32374915.1 1.22 City Net staff will be trained on Narcan administration in cases of emergency in the field. 1.23 City Net staff will assist participants with transportation plans to connect to shelters, medical and behavioral health appointments, housing and employment interviews and other services as needed. This can include direct transportation or provision of bus passes or alternative transportation methods. 1.24 City Net staff will complete assessments and intakes for participants by completing VI-SPDAT assessments and entering information into County HMIS system for housing eligibility and benefit opportunities 1.25 City Net staff will make every effort to link participants to IEHP or other medical benefits, EBT and food access options, SSDI/SSI, General Relief, and any other mainstream relief program they may be eligible for. 1.26 City Net staff will work to promote employment opportunities and/or development of income in an effort to find sustainable housing options when appropriate. 1.26 City Net staff will develop individualized housing stabilization plans with the goal of getting participants off the streets into shelter and housing options. 1.27 City Net staff will promote landlord engagement to advocate for participants matching to rental opportunities in the region. 1.28 City Net staff will assist participants in obtaining necessary documentation for housing including photo identification, birth certificate, social security card, Veteran DD- 214, Homeless or Chronic Homeless Verification Forms, and any other forms required. 2. CITY RESPONSIBILITIES 2.1 City staff will provide City Net staff general access into the appropriate facilities. 2.2 City staff will provide cubicle or equivalent space for City Net staff to complete office work. 2.3 City will reimburse City Net for salary and benefit cost incurred for positions. 2.4 City will reimburse City Net for program operation costs as defined in the budget and agreement. 2.5 And other duties as agreed upon between parties. Page 287 of 347 Contract No. ___________ Exhibit “A” Revised 07-2023 BBK 72500.00001\32374915.1 EXHIBIT "B" SCHEDULE OF SERVICES City Net shall provide the Scope of Services as defined under Exhibit ‘A’ through the term of the Agreement as defined in Section 3.1.2. First Year of Deliverables, Tasks, and Milestones • 7 – Minimum Number of unduplicated clients who move into permanent housing • 12 – Minimum Number of unduplicated clients who move into a shelter or interim housing • 39 – Minimum Number of unduplicated clients who complete a CES assessment • 380 – Minimum Cumulative annual number of Outreach and Engagement encounters • 39 – Minimum Number of unduplicated individuals who receive case management services Page 288 of 347 Contract No. ___________ Exhibit “C” Revised 07-2023 BBK 72500.00001\32374915.1 EXHIBIT "C" COMPENSATION Annual costs for this contract are $250.831.13. The first year will be prorated starting on October 1, 2023 through June 30, 2023. Page 289 of 347 Page 290 of 347 Category Title/Role Description Full Comp Hrs/ week Wks FTE TOTAL Client services Regional Program Director Project compliance with management, operations and public safety standards to achieve programmatic outcomes $52.37 2 52 0.05 $5,446.48 Client services Program Supervisor Direct program activities, staff management/supervision and project coordination. $44.74 4 52 0.10 $9,305.92 Client services Case Manager I Street outreach and engagement, case management $29.98 40 52 1.00 $62,358.40 Client services Case Manager II Street outreach and engagement, case management $33.76 40 52 1.00 $70,220.80 Client services Data Analyst Data management, reporting to/compliance with HMIS requirements $36.26 3 52 0.08 $5,656.56 Client services Community Engagement Align with stakeholder activities and generate resources for client needs $34.64 2 52 0.05 $3,602.56 Staff support Executive leadership Quality control, problem solving $99.79 1 52 0.03 $5,189.08 Staff support Finance non-exempt Payroll, billing, financial controls $34.36 1 52 0.03 $1,786.72 Staff support Finance exempt Payroll, billing, financial controls $61.50 1 52 0.03 $3,198.00 Staff support HR non-exempt Staff recruiting, hiring, training, disputes $35.57 1 52 0.03 $1,849.64 Staff support HR exempt Staff recruiting, hiring, training, disputes $64.54 1 52 0.03 $3,356.08 Staff support Operations non-exempt Inventory, purchasing, technical support $37.74 1 52 0.03 $1,962.48 Staff support Operations exempt Inventory, purchasing, technical support $46.29 1 52 0.03 $2,407.08 2.45 $176,339.80 Category TOTAL Transportation/ Officing $24,000.00 Housing Assistance $12,000.00 Equipment $9,000.00 Materials/Supplies $2,131.50 Materials/Supplies $2,572.50 Materials/Supplies $882.00 Materials/Supplies $1,102.50 $51,688.50 Category TOTAL De minimis rate for non-federal entity $22,802.83 $22,802.83 $250,831.13Project TOTAL Liability Insurance Operations and Program Expenses Subtotal: Indirect Costs Description Per 2 CFR 200.414-11, de minimis rate established for non-Federal entities who do not have negotiated Indirect Cost Rate. This fee is charged at a rate of 10% to offset expenses incurred by the organization but not billable as direct project expenses. Indirect subtotal: Description Phones, computers (hardware and software) and equipment Uniforms, copies, forms, office supplies, equipment, etc. IT support and client management software licenses Financial audit Client/staff transport (1 vehicle), with mobile officing capabilities, vehicle lease, gas, vehicle insurance, maintenance Fees, rental assistance and move-in costs for: rapid rehousing, sober living homes, room and board, rooms for rent, relocations, emergency shelter vouchers, etc. Also fees for documentation, local transportation, work expenses, etc. Operations and Program Expenses Palm Desert Homeless Street Outreach and Engagement 12-Month Budget 1 team, full-time M-F, with staff support and client services funds Labor Labor Subtotal: 1 8/24/2023 matt@citynet.orgPage 291 of 347 Page 292 of 347 City Homeless Outreach and Engagement Services JASON AUSTIN, MA, LMFT SOCIAL SERVICES COORDINATOR Page 293 of 347 Homeless Services Background The City has previously contracted with the County for Street Outreach Services starting in July 2019. At the July 2023 City Homeless Task Force Meeting, the Committee approved releasing an RFP for Outreach Services as part of their annual work plan. The RFP Process was held from July to August 2023 resulting in City Net being selected to move forward as the City’s new Street Outreach Provider. Opioid Settlement Funding will be used to fund this program. This includes screening for and linkage to substance use and mental health services as part of this new service model. 2 Page 294 of 347 What Does City Net Do? 3 City Net is committed to breaking the cycle of homelessness in Palm Desert by connecting individuals experiencing homelessness to: ➢ Substance Use, Mental Health and Supportive Services ➢Shelter and Housing Opportunities for increased housing stability They accomplish these connections through: ➢Outreach (repeated daily street-based contacts to build trust and address immediate needs); and ➢Engagement (ongoing Case Management to address barriers to services and housing, develop housing and service plans and link to resources.) Page 295 of 347 City Net Homeless Services Provider Background Experience Philosophy Staffing Data Reporting 4 Page 296 of 347 City Homeless Outreach and Engagement Services Questions? Page 297 of 347 Page 298 of 347 CITY OF PALM DESERT CITY MANAGER’S OFFICE INTEROFFICE MEMORANDUM Date: September 28, 2023 To: Honorable Mayor and Councilmembers From: Anthony J. Mejia, City Clerk Subject: City Council Meeting of September 28, 2023 Below you will find questions received from the Mayor or Councilmembers and answers provided by City staff regarding tonight’s City Council meeting: ITEM 13a: APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES City staff notes a correction will be made to the September 14, 2023, Study Session Minutes to reflect the absence of Councilmember Nestande. ITEM 13c: APPROVAL OF THE 2023 PALM DESERT GOLF CART PARADE Q1: Is the $25K for Golf Cart parade our contribution to the Chamber via police services or is this in addition to it? A1: This $25,000 is in addition to the $60,000 sponsorship as the City Council previously approved in-kind police services related to this event. The $25,000 will not be paid to the Chamber of Commerce. It is a budget transfer from one City account to another. Q2: Will Burrtec have compost bins on site? Will they be available for the vendors? A2: For the Golf Cart Parade, Burrtec will provide cardboard trash and recycle bins as there won’t be many food vendors present. For the City’s 50th Anniversary Celebration (The Party in the Park), the City will ask Burrtec to provide compost containers for food vendors and attendees. Additionally, beginning in 2024, in accordance with SB 1383, all events taking place in the city with over 2,000 attendees that serve food will be required to work with FIND Food Bank to set up an edible food recovery system. Staff will also work with Burrtec on a plan for collecting non-edible food waste at large scale City-produced events. Page 299 of 347 09/28/2023 Question & Answer Memo Page 2 of 2 ITEM 13i: APPROVE THE ADDITION OF IMPROVEMENTS FOR PUBLIC PARKING AND OPEN SPACE TO APN 620-400-625 TO THE CITY’S CAPITAL IMPROVEMENT PROGRAM Q1: What is the reason for the $76K surplus? Have all of the needs been met? Is there any deferred maintenance or costs that may have been overlooked? Can this be used for training, such as professional development seminars to strengthen support to the volunteers and the community? A1: This fund is restricted to items that supplement direct law enforcement service. Last fiscal year, there was $161,284 carried forward from previous years of unspent revenue. This is on top of the new annual allocation. Our goal has been to expend the previous years’ amounts to reconcile this fund and supply the Sheriff’s department with equipment, tools, and staffing resources. We were able to take care of immediate needs but did not exhaust all the previous year’s grant amounts. Going forward with this plan, we will expend the $76,000 surplus and new allocation on equipment like tactical vests, crime suppression and speed enforcement programs. ITEM 14a: APPROVE AN AGREEMENT WITH KINGDOM CAUSES DBA CITY NET FOR CITY HOMELESS OUTREACH AND ENGAGEMENT SERVICES Q1: In addition to the email, phone, and text communication listed, will City Net have access to the Homelessness Support requests made on the PD App? If so, how soon after the report is made? A1: Yes, City staff will continue to manage all incoming requests for homeless support coming from our City App, email, and phone; and coordinate responses with City Net. Once they have learned the resource system here in Palm Desert, we will work to integrate them into our service request system. Q2: What is the success rate of Landlord Engagement? How is success measured? A2: Program staff will assist all clients on a pathway to housing. That can include a variety of options through coordinated entry, income, and landlord engagement to find viable housing options. Landlord engagement is difficult as rental occupancy rates are very high, leaving limited availability throughout the state. The team makes every effort to identify and engage landlords. Success rates will vary depending on region. Success is measured by identifying viable landlords open to renting to our unhoused participants, and successfully connecting them to move-in. Page 300 of 347 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: September 28, 2023 PREPARED BY: Joe Barron, Senior Contracts and Grants Analyst REQUEST: HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT – PUBLIC HEARING TO RECEIVE PUBLIC COMMENTS ON FISCAL YEAR 2022/23 COMPREHENSIVE ANNUAL PERFORMANCE AND EVALUATION REPORT RECOMMENDATION: Conduct a public hearing to receive public comments on the City’s Fiscal Year (FY) 2022/23 Comprehensive Annual Performance and Evaluation Report (CAPER). BACKGROUND/ANALYSIS: The Community Development Block Grant (CDBG) program, which is administered by the U.S. Department of Housing and Urban Development (HUD), provides eligible jurisdicti ons federal funds annually to address the needs of low and moderate people, allow for neighborhood housing improvements and respond to urgent needs. The City of Palm Desert has completed a draft of its FY2022/23 CAPER and is required to report annually to HUD the accomplishments for the CDBG program. This report reviews the City’s CDBG accomplishments from July 1, 2022, to June 30, 2023, and the expenditures for the Program Year (FY) 2022/23 funding cycle. Legal Review: This report has been reviewed by the City Attorney’s office. FINANCIAL IMPACT: There is no fiscal impact associated with the conduct of this public hearing. ATTACHMENT: Palm Desert CAPER FY2022-23 - Draft Page 301 of 347 Page 302 of 347 CAPER 1 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-05 - Goals and Outcomes Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a) This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year. The 2022-2023 Consolidated Annual Performance and Evaluation Report (CAPER) has been prepared to assist residents of the City of Palm Desert (the City) and the U.S. Department of Housing and Urban Development (HUD) in assessing the City’s use of federal grant funds to meet priority housing and community needs identified in the City’s 2018–2022 Consolidated Plan. The CAPER for Program Year 2022-2023 (PY 2022-23) primarily provides an overview of the City's accomplishments from July 1, 2022, through June 30, 2023, utilizing Community Development Block Grant (CDBG) funds. The Consolidated Plan established the following goals:  Provide decent housing: Help homeless persons obtain appropriate housing and assisting those at risk of homelessness; preserving the City’s affordable housing stock; increasing the availability of affordable permanent housing for low- and moderate-income persons without discrimination; increasing the supply of supportive housing.  Provide a suitable living environment: Improve the safety and livability of neighborhoods; increasing access to quality facilities and services; and reducing the isolation of income groups within an area through integration of low-income housing opportunities.  Expand economic opportunities: Create jobs accessible to low- and moderate-income persons; make down payment and closing cost assistance available for low- and moderate-income persons; promote long-term economic and social viability; empower low-income persons to achieve self-sufficiency. The PY 2022-23 reporting period is the fifth year of the City’s 2018-2022 Consolidated Plan cycle. The 2022-2023 Annual Action Plan outlined an expenditure plan for the City’s $394,525 CDBG grant allocation. The Action Plan identified activities to be carried out during the reporting period utilizing CDBG funds, including public facility improvements, public service grants, and program administration. Additionally, during the PY 2022-23 reporting period, the City implemented activities to prevent, prepare for, or respond to local impacts of the COVID-19 pandemic. Pursuant to the CARES Act of 2020, HUD allocated the City $851,374 in CDBG-Coronavirus (CDBG-CV) funds in two rounds of funding. HUD requires that 80 percent of CDBG-CV funds be spent in three years and 100 percent spent in six years. Facilitated by CDBG Page 303 of 347 CAPER 2 OMB Control No: 2506-0117 (exp. 09/30/2021) program regulation waivers, the City enhanced funding for local service providers that assisted lower-income residents at risk of losing housing or utility services due to a COVID-19 related financial impact. Detailed expenditure and accomplishment for CDBG and CDBG-CV funded activities are provided in Attachment 1. Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g) Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals. Goal Category Source / Amount Indicator Unit of Measure Expected – Strategic Plan Actual – Strategic Plan Percent Complete Expected – Program Year Actual – Program Year Percent Complete Enhance public facilities Non-Housing Community Development CDBG: $ Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit Persons Assisted 50000 0 0.00% Enhance public facilities Non-Housing Community Development CDBG: $ Other Other 0 0 3 0 0.00% Increase availability of affordable housing Affordable Housing CDBG: $ Direct Financial Assistance to Homebuyers Households Assisted 5 0 0.00% Page 304 of 347 CAPER 3 OMB Control No: 2506-0117 (exp. 09/30/2021) Increase fair housing activities CDBG: $ Public service activities for Low/Moderate Income Housing Benefit Households Assisted 475 440 92.63% 475 440 92.63% Increase fair housing activities CDBG: $ Other Other 1 0 0.00% Provide support for public service programs Non-Homeless Special Needs CDBG: $ Public service activities other than Low/Moderate Income Housing Benefit Persons Assisted 2250 61 2.71% Provide support for public service programs Non-Homeless Special Needs CDBG: $ Public service activities for Low/Moderate Income Housing Benefit Households Assisted 0 0 136 61 44.85% Support efforts to combat homelessness Homeless CDBG: $ Public Facility or Infrastructure Activities for Low/Moderate Income Housing Benefit Households Assisted 0 0 20 0 0.00% Support efforts to combat homelessness Homeless CDBG: $ Homeless Person Overnight Shelter Persons Assisted 500 0 0.00% Support efforts to combat homelessness Homeless CDBG: $ Homelessness Prevention Persons Assisted 5000 0 0.00% Page 305 of 347 CAPER 4 OMB Control No: 2506-0117 (exp. 09/30/2021) Table 1 - Accomplishments – Program Year & Strategic Plan to Date Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified. The City focused CDBG and CDBG-CV resources to address priority community needs identified in the Consolidated Plan. HUD-approved program waivers allowed the City to enhance funding to local service providers to assist residents impacted by the COVID-19 pandemic. Progress was exceeded towards meeting goals and objectives. Priority needs addressed during the reporting period include the following: PY 23 Administration - CDBG Program PY 22 Desert Arc ADA Restroom Improvements  Public Facility and Infrastructure projects such as roof replacement and security improvements; ADA restroom improvements; outdoor shelter for people with disabilities – The procurement process has started for this project and is expected to be completed by the end of this next fiscal year. PY 22 Cahuilla Hills Park ADA Compliance Project (2022)  Public Facility and Infrastructure projects such as roof replacement and security improvements; ADA restroom improvements; outdoor shelter for people with disabilities – The procurement process has started for this project and is expected to be completed by the end of Page 306 of 347 CAPER 5 OMB Control No: 2506-0117 (exp. 09/30/2021) this next fiscal year. PY 22 Fair Housing Council of Riverside County – PSG – Completed  Fair housing services to address and resolve tenants/landlord issues, address allegations of fair housing law violations. PY 22 Operation Safe House, Inc – Completed  Public services such as mentoring and educational assistance for disadvantaged high school youth; and case management services for homeless youth PY 22 Desert Access and Mobility - Completed  Transportation services to the disabled; Additionally, CDBG funding was allocated to undertake park and sidewalk improvements in the Palma Village neighborhood; Procurement has started and this project is ongoing but expected to start making way in the next year. Page 307 of 347 CAPER 6 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted). 91.520(a) CDBG White 347 Black or African American 40 Asian 5 American Indian or American Native 5 Other Multi- Race 2 Total 399 Hispanic 103 Not Hispanic 296 Table 2 – Table of assistance to racial and ethnic populations by source of funds Narrative According to the U.S. Census Bureau (2019 American Community Survey 5-Year Estimates), most Palm Desert residents are racially White – 82.5 percent. This same data source reports that 23.5 percent of the City’s population is Hispanic/Latino. Based on the data from Table 2, approximately 83.3 percent of CDBG- funded program participants are White, and a significant number of assisted individuals are Hispanic/Latino (32.9 percent). Additionally, 46.8 percent of program beneficiaries report a household income equal to or less than 30 percent of the County median income (defined by HUD as extremely low- income). This data indicates that many program beneficiary households may be economically unstable and seek services to help stabilize their financial situation. Note: By default, Table 2 excludes multi-racial program beneficiaries in IDIS. IDIS also excludes CDBG-CV program beneficiaries. Page 308 of 347 CAPER 7 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-15 - Resources and Investments 91.520(a) Identify the resources made available Source of Funds Source Resources Made Available Amount Expended During Program Year CDBG public - federal 394,525 106,604 Table 3 - Resources Made Available Narrative As shown in Table 3, the City had $394,525 in CDBG funds available for programming during PY 2022- 23. The City utilized $106,604 during the reporting period. Detail regarding CDBG expenditures is found in the CDBG & CDBG-CV Financial Summary Report, Attachments 2. Additionally, $851,374 in CDBG-CV funds were available during the PY 2022-23 reporting period, of which, $36,692 was spent during the year. CDBG-CV expenditures are also detailed in Attachment 2. Identify the geographic distribution and location of investments Target Area Planned Percentage of Allocation Actual Percentage of Allocation Narrative Description Citywide 100 100 Citywide Table 4 – Identify the geographic distribution and location of investments Narrative As anticipated, the City used 2021-22 CDBG funding on a citywide basis. CDBG-CV funds were also available on a citywide basis. The City did not receive program income. Attachment 2 (PR26 - CDBG & CDBG-CV Financial Summary Report) provides a detailed summary of CDBG and CDBG-CV expenditures. Page 309 of 347 CAPER 8 OMB Control No: 2506-0117 (exp. 09/30/2021) Leveraging Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan. The City of Palm Desert does not have owned land; however, the Palm Desert Housing Authority owns 15 communities throughout the City that provides 1,100 multi-family and senior housing units of various size and character. To the extent that the Housing Successor Agency has funds available, housing resources will be used to address the housing needs of very low and low-income residents. Additionally, nonprofit partners leveraged CDBG resources with other grant awards and private donations. Page 310 of 347 CAPER 9 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-20 - Affordable Housing 91.520(b) Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate-income, and middle-income persons served. One-Year Goal Actual Number of Homeless households to be provided affordable housing units 0 0 Number of Non-Homeless households to be provided affordable housing units 0 0 Number of Special-Needs households to be provided affordable housing units 0 0 Total 0 0 Table 5 – Number of Households One-Year Goal Actual Number of households supported through Rental Assistance 0 0 Number of households supported through The Production of New Units 0 0 Number of households supported through Rehab of Existing Units 0 0 Number of households supported through Acquisition of Existing Units 0 0 Total 0 0 Table 6 – Number of Households Supported Discuss the difference between goals and outcomes and problems encountered in meeting these goals. The City did not utilize CDBG funds to assist with the development or rehabilitation of housing during the reporting period. The City continued to support various organizations that provide a service to Palm Desert Residents. Page 311 of 347 CAPER 10 OMB Control No: 2506-0117 (exp. 09/30/2021) Discuss how these outcomes will impact future annual action plans. As discussed above, the City did not use CDBG funds for housing activities. Private development and incentives to create affordable housing units within a new development will likely support future housing activity. Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity. Number of Households Served CDBG Actual HOME Actual Extremely Low-income 0 0 Low-income 0 0 Moderate-income 0 0 Total 0 0 Table 7 – Number of Households Served Narrative Information The City did not utilize CDBG funds to undertake housing activities during PY 2022-23. HARC reports it provided rental assistance to 123 very low-income Palm Desert households. The City is not a recipient of HOME funds. Page 312 of 347 CAPER 11 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through: Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The City is actively involved in multiple activities to address the needs of homeless persons, which include coordination with the Continuum of Care. For example, the City is involved in regional coordination efforts between stakeholders throughout the Coachella Valley and Riverside County. The City has historically funded homelessness services coordinated regionally through the Coachella Valley Association of Governments (CVAG). For years, the City contributed funds to CVAG for the operation of Roy’s Desert Resource Center, which permanently closed in July 2017. Since then, CVAG has allocated its regional financial commitments for other homelessness services. The City recently made another financial commitment in the amount of $100,000 to CVAG to continue their CV Housing First program that focuses on providing housing and services to the regions chronically homeless individuals. A summary of accomplishments is available for reference at City Hall. The City also operates a homelessness assistance program that includes a homeless resource hotline. The program contracts with the Riverside University Health System to provide a Behavioral Health Specialists in Palm Desert to focus on providing homelessness services. Please note the County of Riverside coordinates the Continuum of Care as well. Addressing the emergency shelter and transitional housing needs of homeless persons The City of Palm Desert did not utilize CDBG funds in the program year to address the emergency shelter nor the transitional housing needs of homeless persons. The City supported the regional CoC and Emergency Solutions Grant (ESG) funded sub-recipients that provide bridge housing for persons experiencing homelessness. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs The City utilized CDBG and CDBG-CV resources to provide food, COVID testing, and other support services for seniors, the disabled, and children. These social safety net services assisted many individuals and households avoid homelessness. Page 313 of 347 CAPER 12 OMB Control No: 2506-0117 (exp. 09/30/2021) The Riverside County CoC is responsible for implementing the regional discharge plan – the City supports these efforts. The discharge plan aims to prevent local institutions from releasing individuals into homelessness. Elements of the discharge plan include the following: • Encourage the use of mainstream resources that are available to homeless individuals. • Provide a comprehensive listing of Riverside County agencies, divisions, and departments that serve homeless persons or that contract with agencies that serve homeless persons, emphasizing assisting chronically homeless persons. • Educate the community regarding the challenges faced by the homeless, including living with a disability or living with extremely low-income benefits (such as SSI). • Link individuals with disabilities to community housing that provides wrap-around services. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again To help individuals experiencing homelessness transition into permanent housing, the Riverside CoC has increased resources for rapid re-housing assistance. Rapid rehousing aims to place a household into housing as quickly as possible and provides wrap-around supportive services. The Riverside CoC partners with the County’s Economic Development Agency (EDA) to implement a regional rapid rehousing program. This partnership has increased the number of homeless households that are rapidly re- housing. The County CoC is also responsible for implementing the regional Homeless Coordinated Entry System. This housing/service triage system prioritizes scarce resources to individuals experiencing prolonged episodes of homelessness and that rank high in a vulnerability index. The City of Palm Desert is a member of the Riverside CoC and supports these efforts. Page 314 of 347 CAPER 13 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-30 - Public Housing 91.220(h); 91.320(j) Actions taken to address the needs of public housing The City does not operate a Public Housing Authority, however provides support to the __Public Housing Authority. Actions taken to encourage public housing residents to become more involved in management and participate in homeownership The City does not operate a Public Housing Authority. Actions taken to provide assistance to troubled PHAs The City does not operate a Public Housing Authority. Page 315 of 347 CAPER 14 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j) Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) The City’s Consolidated Plan identifies a strategy to eliminate barriers to the provision of affordable housing. The strategy addresses housing costs via incentives to develop, maintain, or improve affordable housing in the jurisdiction. Public policies such as taxes, land use controls, zoning, building codes, fees, and growth limits also impact the cost of housing. The City continued to discuss with private developers the need to construct residential projects and include a certain percentage of affordable housing units. CDBG funded plans were not submitted for projects with an affordable housing component; however, the City has approved two housing projects and will continue to encourage private developers to build affordable housing. Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) The City continued to provide CDBG and City funding resources to assist households facing housing insecurity, living in poverty, and persons experiencing homelessness. The City partnered with numerous local nonprofit organizations to address a myriad of issues faced by underserved populations. During the reporting period, the following services were provided to assist underserved residents: • Senior services, including mental health counseling to assist seniors in coping with isolation and depression resulting from stay-at-home directives • Services for persons with disabilities • Educational and emotional support services for youths • Emergency shelter and support services for individuals experiencing homelessness • Fair housing services to address and resolve tenants/landlord issues, address allegations of fair housing law violations, and navigate issues related to the COVID-19 eviction/foreclosure moratorium Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) The City did not use CDBG program resources to undertake housing activities that triggered HUD’s lead- based paint hazards compliance. However, as indicated in the Consolidated Plan, the City referred residents with Lead-Based Paint Hazards concerns to Riverside County Health Services Lead Hazard Reduction Section Department. Additionally, the City distributed brochures regarding Lead-Based Paint Page 316 of 347 CAPER 15 OMB Control No: 2506-0117 (exp. 09/30/2021) Hazards through the Housing Successor Agency and the City’s Building and Safety Department to contractors, homeowners, and renters. Nonprofit partners, such as the Fair Housing Council, also distribute the Lead-based Paint Hazards brochures to educate the public regarding lead-based paint hazards. Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) According to the U. S. Census Bureau, approximately 13.1 percent of Palm Desert residents live in poverty. This figure includes 18.8 percent of children age 18 and younger and 8.6 percent of residents age 65 and older. As previously reported, over 48 percent of all CDBG/CDBG-CV program beneficiaries have extremely low income – over 71 percent of beneficiaries had very low-income (50 percent of the county median income). During the reporting period, the City allocated significant CDBG and CDBG-CV resources to assist lower-income Palm Desert residents, especially those with extremely low and very low- income. Services provided include a food bank, counseling, medical services and referrals, and rental assistance to prevent the loss of shelter. Actions taken to develop institutional structure. 91.220(k); 91.320(j) The City continues to partner with local government entities, service providers, and other agencies/organizations tasked with similar goals and objectives to improve the quality and quantity of services provided to the homeless and lower-income persons. Working with various County of Riverside departments and the many local nonprofits has created a cohesive working relationship to address Palm Desert's needs and the needs of the greater Coachella Valley. These collaborative actions have address gaps in the regional institutional structure. As previously outlined, the City has established several partnerships with nonprofits, the regional CoC, and county departments to address the needs of the City’s lower-income residents. For example, the City continued to work with the Riverside County Department of Mental Health and the Department of Social Services to address homelessness and mental health issues. Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j) The City continued efforts to enhance coordination between public and private housing and social services agencies during the reporting period. These efforts include the following: Page 317 of 347 CAPER 16 OMB Control No: 2506-0117 (exp. 09/30/2021) • The City is a member of the CVAG Homeless Committee, which has a membership of all Coachella Valley cities, County of Riverside Supervisor’s office, County of Riverside departments, Desert Health Care District, and various nonprofit organizations. • The City is a member of the Riverside County CoC, including various local jurisdictions, the County, nonprofits, and other interested individuals and organizations. • The City typically conducts an annual Community Meeting, publishes meeting information in the Desert Sun newspaper, and posts information on the City website. These efforts were postponed due to the COVID-19 pandemic. • The City typically conducts seminars on crime-free multi-family housing for landlords. These efforts were postponed due to the COVID-19 pandemic. • The City provides flyers and materials directing residents to the regional social services 211 system and other local service providers. • The City provides meeting facilities for fair housing informational meetings for landlords who have units available for lower-income households. • The City contracts with the Fair Housing Council of Riverside County, which provides workshops to educate and inform residents and property owners/managers about fair housing laws. In-person workshops were postponed due to the COVID-19 pandemic; however, workshops were available online. Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) Consolidated Plan regulations require CDBG recipients to (1) examine and attempt to alleviate housing discrimination within their jurisdiction; (2) promote fair housing choice for all persons; (3) provide opportunities for all persons to reside in any given housing development, regardless of race, color, religion, sex, disability, familial status, or national origin; (4) promote housing that is accessible to and usable by persons with disabilities; and (5) comply with the non-discrimination requirements of the Fair Housing Act. The City hired Castaneda and Associates to complete its Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan (AI). The following action steps were identified in the AI: • Publish information on the City’s website describing reasonable accommodation procedures. The City’s “Americans with Disabilities Act and the City” web page links several related documents, including the City’s procedures for requesting accommodations. • Continue to support the efforts of the private and nonprofit sectors to address the needs of the residents. The City contracted with the Fair Housing Council of Riverside County to provide fair housing outreach, education, and enforcement services. • Utilize the Housing Element site inventory in making future location decisions regarding the sites suitable for affordable housing. The2022-2029 Housing Element contain an inventory of vacant land suitable for affordable housing development. Page 318 of 347 CAPER 17 OMB Control No: 2506-0117 (exp. 09/30/2021) • Fair Housing of Riverside County – should continue to provide fair housing-related workshops and distributed related information. As indicated above, the City continues to contract with the Fair Housing Council of Riverside County to provide fair housing outreach, education, and enforcement services, including producing and distributing fair housing educational information. Page 319 of 347 CAPER 18 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-40 - Monitoring 91.220 and 91.230 Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements The monitoring plan that the City has in place and will continue to implement is outlined in the Consolidated Plan. The monitoring plan indicates that the City will monitor all HUD-funded activities and subrecipients per applicable U.S. Department of Housing and Urban Development regulations and requirements. The guiding principles and objectives of the monitoring plan help ensure that the primary benefits of activities are intended, directed, and received by targeted groups, including but not limited to low and moderate-income households, homeless, elderly, at-risk youth, persons with disabilities, and women and minority-owned businesses. Citizen Participation Plan 91.105(d); 91.115(d) Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports. To encourage resident participation in the City’s CDBG and CDBG-CV program, the City published a notice on September 6, 2023, announcing a 15-day public comment period for the 2022-23 CAPER. The CAPER was made available for public review on the City’s website September 12, 2023 through September 28, 2023 (www.cityofpalmdesert.org). All residents are invited to speak on the subject of the CAPER at the public hearing on September 28, 2023 at City Hall Council Chamber 73510 Fred Waring Drive, Palm Desert, CA. A copy of this notice and a summary of written comments is provided as Attachment 3. CR-45 - CDBG 91.520(c) Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences. As required by HUD, the City undertook two substantial amendments to the Consolidated Plan/Action Plan to receive and allocate CDBG-CV funds. No additional amendments or changes to Consolidated Plan or Action Plan were undertaken during this reporting period. Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) Page 320 of 347 CAPER 19 OMB Control No: 2506-0117 (exp. 09/30/2021) grants? No [BEDI grantees] Describe accomplishments and program outcomes during the last year. Page 321 of 347 CAPER 20 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-45 - CDBG 91.520(c) Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences. As required by HUD, the City undertook two substantial amendments to the Consolidated Plan/Action Plan to receive and allocate CDBG-CV funds. No additional amendments or changes to Consolidated Plan or Action Plan were undertaken during this reporting period. Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants? No [BEDI grantees] Describe accomplishments and program outcomes during the last year. Page 322 of 347 CAPER 21 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-58 – Section 3 Identify the number of individuals assisted and the types of assistance provided Total Labor Hours CDBG HOME ESG HOPWA HTF Total Number of Activities 0 0 0 0 0 Total Labor Hours Total Section 3 Worker Hours Total Targeted Section 3 Worker Hours Table 8 – Total Labor Hours Qualitative Efforts - Number of Activities by Program CDBG HOME ESG HOPWA HTF Outreach efforts to generate job applicants who are Public Housing Targeted Workers Outreach efforts to generate job applicants who are Other Funding Targeted Workers. Direct, on-the job training (including apprenticeships). Indirect training such as arranging for, contracting for, or paying tuition for, off-site training. Technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching). Outreach efforts to identify and secure bids from Section 3 business concerns. Technical assistance to help Section 3 business concerns understand and bid on contracts. Division of contracts into smaller jobs to facilitate participation by Section 3 business concerns. Provided or connected residents with assistance in seeking employment including: drafting resumes,preparing for interviews, finding job opportunities, connecting residents to job placement services. Held one or more job fairs. Provided or connected residents with supportive services that can provide direct services or referrals. Provided or connected residents with supportive services that provide one or more of the following: work readiness health screenings, interview clothing, uniforms, test fees, transportation. Assisted residents with finding child care. Assisted residents to apply for, or attend community college or a four year educational institution. Assisted residents to apply for, or attend vocational/technical training. Assisted residents to obtain financial literacy training and/or coaching. Bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns. Provided or connected residents with training on computer use or online technologies. Promoting the use of a business registry designed to create opportunities for disadvantaged and small businesses. Outreach, engagement, or referrals with the state one-stop system, as designed in Section 121(e)(2) of the Workforce Innovation and Opportunity Act. Page 323 of 347 CAPER 22 OMB Control No: 2506-0117 (exp. 09/30/2021) Other. Table 9 – Qualitative Efforts - Number of Activities by Program Narrative Page 324 of 347 CAPER 23 OMB Control No: 2506-0117 (exp. 09/30/2021) Attachment PR26 - CDBG Financial Summary Page 325 of 347 CAPER 24 OMB Control No: 2506-0117 (exp. 09/30/2021) PR26 - CDBG-CV Financial Summary Report Page 326 of 347 CAPER 25 OMB Control No: 2506-0117 (exp. 09/30/2021) Public Notice and Public Comments Page 327 of 347 Page 328 of 347 THE CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATIONREPORT. (CAPER) Joe Barron Finance Department September 28, 2023 Supplemental - Item 15a Page 329 of 347 INTRODUCTION The 2022/23 Consolidated Annual Performance and Evaluation Report (CAPER) is required by HUD to assess the City’s use of federal grant funds to meet priority housing and community needs as identified in the City’s Five-Year Con Plan. The CAPER for the 2022/23 Program Year provides an overview of the City's accomplishments during that time using (CDBG) funds. 2Supplemental - Item 15a Page 330 of 347 PROGRAM RESULTS HOW MANY PEOPLE SERVED •399 people were served using CDBG Funds. •100% of those served fell below 80% of the poverty line. FUNDING UTILIZED •The City of Palm Desert was awarded $394,525 for the Program Year. •To date, the City expended a total of $106,604 to qualifying programs. •The City was also awarded CDBG-CV during the pandemic. $36,691.54 was expended in program year 2022/23. 3Supplemental - Item 15a Page 331 of 347 4 PROGRAM RESULTS ACTIVITIES FUNDED WITH CDBG PROJECT FUNDED AMOUNT EXPENDED AMOUNT PEOPLE SERVED Desert Access and Mobility $10,000 $4,404 23 Fair Housing Council $42,200 $42,200 357 Operation Safe House $10,000 $10,000 19 Desert Arc-ADA Improvements $80,000 $0 Pending Cahuilla Hills Park- ADA Improvements $193,420 $0 Pending Grant Administration $58,905 $50,000 N/A Total $394,525 $106,604 399 CVEP - COVID Relief $36,692 $36,692 N/A Grand Total $431,217 $143,296 399 Supplemental - Item 15a Page 332 of 347 THANK YOU Joe Barron jbarron@palmdesert.gov (760) 776-6491 Supplemental - Item 15a Page 333 of 347 Page 334 of 347 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: September 28, 2023 PREPARED BY: Anthony J. Mejia, City Clerk REQUEST: PALM DESERT REDISTRICTING 2023 – PUBLIC HEARING #2 TO RECEIVE INPUT FROM THE COMMUNITY REGARDING THE REDRAWING OF ELECTION DISTRICT BOUNDARIES RECOMMENDATION: 1. Receive and file a report on the redistricting process and permissible criteria to be considered to redraw district boundaries. 2. Conduct a public hearing to receive public input on district boundaries. BACKGROUND/ANALYSIS: On June 22, 2023, the City Council unanimously directed staff to take the necessary steps to transition to five single-member districts prior to the November 2024 Election and to eliminate use of Ranked Choice Voting in future elections. On August 24, 2023, the City Council adopted the Redistricting Public Education and Outreach Plan. The City is initiating a redistricting process to shift from the current two -district system to a new five-district system. The redistricting process will determine where the new City Council district lines will be drawn. The new districts will impact how voters elect City Council Members until the next redistricting process following the 2030 Census. The districts must be drawn using the 2020 census data and in compliance with the FAIR MAPS Act, which was adopted by the California legislature as Assembly Bill 849 and took effect January 1, 2020. Under the Act, the City Council shall draw and adopt boundaries using the following criteria in the listed order of priority (Elections Code 21621(c)): 1. Comply with the federal requirements of equal population and the Voting Rights Act ; 2. Geographically contiguous; 3. Undivided neighborhoods and “communities of interest” (socio-economic geographic areas that should be kept together); 4. Easily identifiable boundaries; 5. Geographical compactness (do not bypass one group of people to get to a more distant group of people); and 6. Shall not favor or discriminate against a political party. Once the prioritized criteria are met, other traditional districting principles can be considered, such as: 1. Respect voters’ choices / continuity in office; and 2. Future population growth. Page 335 of 347 City of Palm Desert Public Hearing #2 – Palm Desert Redistricting 2023 Page 2 of 3 The purpose of this public hearing is to inform the public about the districting process and to hear from the community on what factors should be taken into consideration while creating district boundaries. The public is requested to provide input regardin g communities of interest and other local factors that should be considered while drafting district maps. A community of interest under Elections Code Section 21621(c) is “a population that shares common social or economic interests that should be included within a single district for purposes of its effective and fair representation.” Possible features defining community of interest might include, but are not limited to: 1. School attendance areas; 2. Natural dividing lines such as major roads, hills, or highways; 3. Areas around parks and other neighborhood landmarks; 4. Common issues, neighborhood activities, or legislative/election concerns; and 5. Shared demographic characteristics, such as: a) Similar levels of income, education, or linguistic insolation; b) Languages spoken at home; and c) Single-family and multi-family housing unit areas. Public Participation The public in encouraged to participate and provide input at the community workshops and public hearings. The public may provide input during the public comment perio d of these meetings or by contacting the City Clerk’s Office via email or phone: City of Palm Desert Attn: Anthony Mejia, City Clerk 73-510 Fred Waring Drive Palm Desert, CA 92260 cityclerk@palmdesert.gov (760) 346-0611 The public may also subscribe to a mailing list to stay informed about upcoming redistricting meetings by contacting the City Clerk’s Office as noted above. The online map drawing system and paper map kits are available early and can be accessed at https://redistrictpd.org/ under the “draw a map” tab. Map drawing workshops will be held on October 4 and 16 in which the City’s demographer will demonstrate the online mapping tool and answer questions. The deadline to submit a map for City Council consideration is Wednesday, November 1, 2023. All submitted maps will be evaluated and presented to the City Council at its meeting on November 16, 2023. Additionally, City staff is available to present on the redistricting process and how to participate at any interested civic or community group meetings. Please contact the City Clerk’s Office to schedule a presentation. Page 336 of 347 City of Palm Desert Public Hearing #2 – Palm Desert Redistricting 2023 Page 3 of 3 Community Workshop #1 On September 6, 2023, at 6 p.m., the City conducted a Redistricti ng Community Workshop at the Palm Desert City Hall, Administrative Conference Room, and via Zoom. City staff facilitated a brief presentation and a robust question -and-answer period. However, no attendees desired to offer public comment. The workshop video was posted to the redistricting website, under the schedule tab: https://redistrictpd.org/ Public Hearing #1 On September 14, 2023, at 4:30 p.m., the City Council conducted a pre-map Public Hearing with in-person and virtual access. City staff facilitated a brief presentation and responded to questions submitted by the public. However, no attendees desired to offer public comment. Links to the meeting agenda, staff report, video, presentation, and public comment a re posted on the City redistricting webpage, under the schedule tab: https://redistrictpd.org/. Next Steps On September 28, 2023, the City Council will conduct Public Hearing #2 to seek additional public input and provide direction on criteria to be considered while drafting district maps. Following that hearing, early draft maps will be posted to the redistric ting website and available at City Hall. The dates for all community workshops, map drawing workshops, and public hearings are available at https://redistrictpd.org/ Sequencing of Elections: Prior to adoption of a final map, the City’s demographer will propose the sequencing of elections. The demographer and City Council must take into consideration public testimony related to the sequencing of elections including whether a particular area has a history of being under-represented and should be assigned a 2024 election cycle. Secondarily, it is standard practice to match the district election years to the year of the resident officeholder. The sequencing of elections will not result in a shortened term for any officeholder. Legal Review: This report has been reviewed by William Priest and the City Attorney’s Office. FINANCIAL IMPACT: There is no fiscal impact associated with the conduct of this public hearing. ATTACHMENT: PowerPoint Presentation Page 337 of 347 Page 338 of 347 Palm Desert Redistricting 2023 P u b l i c H e a r i n g #2 September 28, 2023 Page 339 of 347 Background On June 22, 2023, the City Council unanimously directed staff to take the necessary steps to transition to five single-member districts prior to the November 2024 Election. On August 24, 2023, the City Council unanimously adopted the Redistricting Public Education and Outreach Plan Public Education & Outreach Plan Direction to Transition to Five DIstricts Page 340 of 347 Purpose of this Public Hearing To inform the public about the redistricting process and to hear from the community on what factors should be taken into consideration while creating district maps. The public is requested to provide input regarding communities of interest and other local factors to be considered while drafting district maps. Page 341 of 347 Existing Two-District Map Page 342 of 347 1. Federal Laws Equal Population Federal Voting Rights Act No Racial Gerrymandering 2. California Criteria (in priority order): 1. Geographically contiguous 2. Minimize division of neighborhoods and "communities of interest" (Socio- economic geographic areas that should be kept together) 3. Easily identifiable boundaries 4. Compact (Do not bypass one group of people to get to a more distant group of people) Prohibited: "Shall not favor or discriminate against a political party." 1. Federal Laws 3. Other Traditional Redistricting Principles Respect voters' choice / avoid unnecessary pairing of incumbents Future Population Growth District Map Drawing Criteria Source: NDC Page 343 of 347 Communities of Interest Natural dividing lines such as major roads, hills, and highways Areas around parks and other neighborhood landmarks Common issues, neighorhood activities, or legislative/election concerns Shared demographic information, such as: School attendance areas Possible features defining communities of interest might include, but are not limited to: Similar levels of income, education, or linguistic isolation Languages spoken at home Single-family and multi-family housing unit areas Page 344 of 347 Public Participation Provide input at an upcoming community workshops or public hearing. Spanish and ASL Interpreters will be available at all workshops. Spanish and ASL Interpreters available upon request for public hearings. Submit written comments in-person or via email. Subscribe for email updates about upcoming meetings. Submit a draft map(s) by Nov. 1 for City Council consideration. Request a presentation at a civic or community group meeting. City of Palm Desert Attn: Anthony Mejia, City Clerk 73-510 Fred Waring Drive Palm Desert, CA 92260 cityclerk@palmdesert.gov (760) 346-0611 Page 345 of 347 Upcoming Meetings & Important Dates October 4 and 16, at 5:00 pm: Map Drawing Workshops (Via Zoom) November 16, at 4:30 pm: Public Hearing for presentation of all maps and request that the City Council select “focus maps” (in-person & via Zoom) November 29, at 6:00 p.m., at Palm Desert iHub: Community Workshop for presentation of focus maps and solicit public comment. (In-person only) December 6, at 6:00 p.m., at Palm Desert City Hall: Community Workshop for presentation of focus maps and solicit public comment (In-person & via Zoom) For the full schedule, visit: https://redistrictpd.org/ DEADLINE: November 1st to submit a draft map for City Council consideration. Page 346 of 347 RECOMMENDATION Conduct the public hearing to receive public input on district boundaries. Receive and file a report on the redistricting process and permissible criteria to be considered to redraw district boundaries. For questions or to schedule a presentation for your community group, please contact: Anthony Mejia, City Clerk cityclerk@palmdesert.gov (760) 346-0611 https://redistrictpd.org/ Page 347 of 347