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Home My WebLink AboutAgenda Package - Palm Desert City Council - Regular Meeting_Jan25_2024 PALM DESERT CITY COUNCIL MEETING AGENDA Thursday, January 25, 2024 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 The following items will be considered in closed session: RECOMMENDATION: The following items were considered in closed session: 4.a Closed Session Meeting Minutes: January 11, 2024 4.b Conference with Legal Counsel regarding Significant Exposure to Litigation pursuant to Government Code Section 54956.9(b) Number of Cases: 1 5.ROLL CALL - REGULAR MEETING - 4:00 P.M. 6.PLEDGE OF ALLEGIANCE Councilmember Nestande 7.INSPIRATION Mayor Quintanilla 8.REPORT OF CLOSED SESSION City Attorney Shah 9.AWARDS, PRESENTATIONS, AND APPOINTMENTS 10.CITY MANAGER COMMENTS 10.a CERTIFIED AUTISM CENTER DESIGNATION 11.MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION 12.NONAGENDA PUBLIC COMMENTS This time has been set aside for the public to address the City Council on issues that are not on the agenda for up to three minutes. Speakers may utilize one of the three options listed on the 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 210 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 9 RECOMMENDATION: Approve the Minutes of January 11, 2024. 13.b APPROVAL OF WARRANTS 21 RECOMMENDATION: Approve the warrants issued for the period 1/9/2024 to 1/12/2024. 13.c ACCEPT REASSIGNMENT OF CITY COUNCIL LIAISON TO CULTURAL RESOURCE PRESERVATION COMMITTEE 41 RECOMMENDATION: Appoint Mayor Pro Tem Harnik as the City Council Liaison to the Cultural Resource Preservation Committee for the remainder of 2024. 13.d APPROPRIATE FUNDS TO COVER COSTS ASSOCIATED WITH VARIOUS NECESSARY LIBRARY IMPROVEMENTS 47 RECOMMENDATION: Authorize Director of Finance to appropriate funds to Account No. 4524136-4400100 in the amount of $692,000. 13.e ADOPT RESOLUTION UPDATING COMMUNITY EVENT SPONSORSHIP GUIDELINES 49 RECOMMENDATION: Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, UPDATING THE COMMUNITY EVENT SPONSORSHIP POLICY.” 13.f RESOLUTION UPDATING OUTSIDE AGENCY FUNDING PROGRAM GUIDELINES 85 RECOMMENDATION: Adpopt a resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, UPDATING THE OUTSIDE AGENCY FUNDING PROGRAM GUIDELINES.” City Council Meeting Page 3 of 210 13.g AUTHORIZE PURCHASE OF PARAMEDIC UNIT FOR NEW FIRE STATION 102 103 RECOMMENDATION: Authorize the purchase of a new paramedic unit for the new Fire Station 102 in an amount not to exceed $303,449.02, pursuant to sections 3.30.160(I) and 3.30.160(J) of the Palm Desert Municipal Code. 1. Authorize Directory of Finance to set aside a 20% contingency in the amount of $60,689.80. 2. Authorize the City Attorney to make any necessary non-monetary changes to the agreement. 3. Authorize the City Manager to execute all documents necessary to effectuate this action. 4. 13.h ACCEPTANCE OF A RESIGNATION FROM THE CIVIC ENGAGEMENT COMMITTEE 119 RECOMMENDATION: With regret, accept the resignation of Scott Warmuth from the Civic Engagement Committee. 13.i RECEIVE AND FILE THE ANNUAL LOW- AND MODERATE-INCOME HOUSING ASSET FUND REPORT RELATIVE TO SB 341 121 RECOMMENDATION: Receive and file the annual Low- and Moderate-Income Housing Asset Fund report relative to SB 341 for the 2022/2023 fiscal year. 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. City Council Meeting Page 4 of 210 14.a PALM DESERT REDISTRICTING 2023: ADOPTION OF AN ORDINANCE ESTABLISHING CITY COUNCIL ELECTION DISTRICT BOUNDARIES AND SCHEDULING ELECTIONS WITHIN THE DISTRICTS AND INTRODUCTION OF AN ORDINANCE ELIMINATING USE OF RANKED CHOICE VOTING 127 RECOMMENDATION: Adopt Ordinance No. 1406 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 2.38.040 OF THE PALM DESERT MUNICIPAL CODE RELATED TO BY-DISTRICT ELECTIONS, DEFINING DISTRICT BOUNDARIES, AND SCHEDULING ELECTIONS WITHIN THE DISTRICTS.” 1. Introduce an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REPEALING SECTION 2.38.050 OF CHAPTER 2.38 (“GENERAL MUNICIPAL ELECTIONS”) OF TITLE 2 (“ADMINISTRATION AND PERSONNEL”) OF THE PALM DESERT MUNICIPAL CODE TO IN ORDER TO ELIMINATE RANKED CHOICE VOTING FOR THE ELECTION OF MEMBERS OF THE CITY COUNCIL.” 2. 14.b INTRODUCTION OF AN ORDINANCE ADDING CHAPTER 2.74 TO TITLE 2 OF THE PALM DESERT MUNICIPAL CODE, ESTABLISHING A MUNICIPAL LIBRARY FOR THE CITY, AND MAKING A FINDING OF EXEMPTION UNDER CEQA 139 RECOMMENDATION: Adopt an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 2.74 TO TITLE 2 OF THE PALM DESERT MUNICIPAL CODE, ESTABLISHING A MUNICIPAL LIBRARY FOR THE CITY, AND MAKING A FINDING OF EXEMPTION UNDER CEQA.” 14.c AUTHORIZE THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY FOR THE SALE OF 45-656 MOUNTAIN VIEW AVENUE, PALM DESERT 145 RECOMMENDATION: Authorize the City Manager to execute any and all documents necessary for the sale of 45-656 Mountain View Avenue, Palm Desert. 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 5 of 210 15.a APPROVE THE SECOND AMENDMENT TO DEVELOPMENT AGREEMENT 98-1 BETWEEN THE CITY OF PALM DESERT AND MARRIOTT OWNERSHIP RESORTS, INC. 177 RECOMMENDATION: Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PALM DESERT AND MARRIOTT OWNERSHIP RESORTS, INC., CASE NO. DA 98-1, AMENDMENT NO. 2.” 1. Approve the Second Amendment to the Development Agreement (DA 98-1) between the City of Palm Desert and Marriott Ownership Resorts, Inc. 2. Authorize the City Manager to execute the Second Amendment to the Development Agreement. 3. Authorize the City Attorney to make necessary, non-monetary changes to the Second Amendment to the Development Agreement. 4. Authorize adjustment of $1,600,000 to Timeshare Mitigation Revenue Account Number 1100000-3122900. 5. 16.INFORMATION ITEMS 17.ADJOURNMENT City Council Meeting Page 6 of 210 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 7 of 210 Page 8 of 209 1 Study Session of the Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Minutes January 11, 2024, 2:30 p.m. Present: Mayor Pro Tem Jan Harnik, Councilmember Kathleen Kelly, Councilmember Gina Nestande, Councilmember Evan Trubee, and Mayor Karina Quintanilla 1. CALL TO ORDER - STUDY SESSION A Study Session of the Palm Desert City Council was called to order by Mayor Quintanilla on Thursday, January 11, 2024, at 2:30 p.m. in the Council Chamber, City Hall, located at 73-510 Fred Waring Drive, Palm Desert, California. 2. STUDY SESSION TOPICS 2.a STUDY SESSION: RECEIVE INFORMATION REGARDING THE PROGRESS OF MUNICIPAL LIBRARY SERVICES AND NEXT STEPS Director of Library Services Shaffer and Architect Margaret Sullivan narrated a PowerPoint presentation and responded to City Council inquiries. 2.b STUDY SESSION: PROVIDE FEEDBACK FOR THE PALM DESERT BROADBAND FEASIBILITY AND M ASTER PLAN STUDY Economic Development Director Ceja introduced HR Green representative Ken Price who narrated a PowerPoint presentation and responded to City Council inquiries. 3. ADJOURNMENT The City Council adjourned the Study Session at 3:29 p.m. Respectfully submitted, _________________________ Níamh M. Ortega Assistant City Clerk/Assistant Secretary _________________________ Anthony J. Mejia, MMC City Clerk/Secretary Page 9 of 209 Page 10 of 209 Palm Desert City Council Meeting Minutes January 11, 2024 1 Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Regular Meeting Minutes January 11, 2024, 3:30 p.m. Present: Mayor Pro Tem Jan Harnik, Councilmember Kathleen Kelly, Councilmember Gina Nestande, Councilmember Evan Trubee, and Mayor Karina Quintanilla 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 Quintanilla on Thursday, January 11, 2024, 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 None. 3. RECESS TO CLOSED SESSION Mayor Quintanilla adjourned to Closed Session at 3:30 p.m. 4. CLOSED SESSION AGENDA The following items were considered in closed session: 4.a Closed Session Meeting Minutes: December 14, 2023 4.b Conference with Real Property Negotiations pursuant to Government Code Section 54956.8 4.b.1 PROPERTY DESCRIPTION: 72559 HIGHWAY 111, PALM DESERT 4.b.2 PROPERTY DESCRIPTION: DESERT WILLOW LOT PAD B, APN 620- 400-008, -023 4.b.3 PROPERTY DESCRIPTION: DESERT WILLOW LOT PADS C, D, AND E 5. ROLL CALL - REGULAR MEETING - 4:00 P.M. 6. PLEDGE OF ALLEGIANCE Councilmember Trubee led the Pledge of Allegiance. 7. INSPIRATION Mayor Pro Tem Harnik provided words of inspiration. 8. REPORT OF CLOSED SESSION City Attorney Shah stated that no reportable actions were taken by the City Council. Page 11 of 209 Palm Desert City Council Meeting Minutes January 11, 2024 2 9. AWARDS, PRESENTATIONS, AND APPOINTMENTS 9.a COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT UPDATE Doug Walker, Palm Desert's appointee for the Coachella Valley Mosquito & Vector Control District (CVMVCD), introduced Jeremy Witte, CVMVCD General Manager. Mr. Wittie narrated a PowerPoint presentation and responded to City Council inquiries. 10. CITY MANAGER COMMENTS None. 11 . MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION Councilmembers reported on their attendance at various meetings and events. Councilmember Trubee reported Palm Desert High School would host a World Guard International competition in March 2024; thanked staff for their work on the recent Fred Waring Drive project. Mayor Pro Tem Harnik reported that the Federal Rail Administration added the CV Rail project to the Federal Corridor Identification and Development program, and CalTrans was awarded a $500,000 grant for project planning. She also encouraged residents to provide input for Connect SoCal. Mayor Quintanilla noted the Palm Desert Area Chamber of Commerce would make labor law posters available to all businesses. 12. NON-AGENDA PUBLIC COMMENTS Barbara Wasserkrug, Palm Desert resident, spoke about the hazards of chemtrails in the atmosphere. Ken Seumalo, Public Works Director for City of Indian Wells, thanked the Public Works staff and the Riverside County Sheriff's department for their assistance with traffic control at a recent special event that took place at Southwest Community Church. 13. CONSENT CALENDAR Motion by: Councilmember Kelly Seconded by: Councilmember Nestande To approve the consent calendar as presented. Motion Carried (5 to 0) 13.a APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES Motion by: Councilmember Kelly Seconded by: Councilmember Nestande Approve the Minutes of December 14, 2023. Motion Carried (5 to 0) Page 12 of 209 Palm Desert City Council Meeting Minutes January 11, 2024 3 13.b APPROVAL OF WARRANTS Motion by: Councilmember Kelly Seconded by: Councilmember Nestande Approve the warrants issued for the period 10/31/2023 to 1/4/2024. Motion Carried (5 to 0) 13.c ADOPT RESOLUTION FOR RECOGNIZED OBLIGATION PAYMENT SCHEDULE AND ADMINISTRATIVE BUDGETS FOR THE FISCAL PERIOD FROM JULY 1, 2024, THROUGH JUNE 30, 2025, PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 AND TAKING CERTAIN RELATED ACTIONS Motion by: Councilmember Kelly Seconded by: Councilmember Nestande Adopt Resolution No. SA-RDA 102 for Recognized Obligation Payment Schedule and Administrative Budgets for the fiscal period from July 1, 2024, through June 30, 2025, and taking certain related actions. Motion Carried (5 to 0) 13.d NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM UPDATE (PROJECT NO. CST00004) Motion by: Councilmember Kelly Seconded by: Councilmember Nestande Receive and file update on the Neighborhood Traffic Management Program. Motion Carried (5 to 0) 13.e ACCEPT CONTRACT NO. C44890 WITH HORIZON PROFESSIONAL LANDSCAPE, INC., FOR THE DESERT WILLOW PERIMETER LANDSCAPE RENOVATION PHASE II PROJECT AS COMPLETE AND AUTHORIZE THE CITY CLERK TO FILE THE NOTICE OF COMPLETION (PROJECT NO. 871-23 / CLS00001) Motion by: Councilmember Kelly Seconded by: Councilmember Nestande 1. Accept the Desert Willow Perimeter Landscape Renovation Phase II Project as complete. 2. Authorize the City Clerk to file the Notice of Completion. Motion Carried (5 to 0) Page 13 of 209 Palm Desert City Council Meeting Minutes January 11, 2024 4 13.f ACCEPT CONTRACT NO. C44690 WITH URBAN HABITAT, INC., FOR THE PORTOLA AVENUE AND MAGNESIA FALLS DRIVE MEDIAN ISLAND LANDSCAPE INSTALLATION PROJECT AS COMPLETE AND AUTHORIZE THE CITY CLERK TO FILE THE NOTICE OF COMPLETION (PROJECT NO. 937-23/MLS00027) Motion by: Councilmember Kelly Seconded by: Councilmember Nestande 1. Accept the Portola Avenue and Magnesia Falls Drive Median Island Landscape Installation Project as complete. 2. Authorize the City Clerk to file the Notice of Completion. Motion Carried (5 to 0) 13.g APPROVE UP TO SEVEN ADDITIONAL TEMPORARY WAIVERS TO PALM DESERT MUNICIPAL CODE SECTIONS 9.58.010 AND 9.58.020 FOR THE SALE AND CONSUMPTION OF ALCOHOL AT THE HENDERSON BUILDING LOCATED AT 72559 HIGHWAY 111 FOR FISCAL YEAR 2023/2024 Motion by: Councilmember Kelly Seconded by: Councilmember Nestande 1. Authorize the City Manager to approve up to an additional seven temporary event waivers to Palm Desert Municipal Code Sections 9.58.010 and 9.58.020 (Consumption/Possession of Alcoholic Beverages on Public Property) at the Henderson Building (72559 Highway 111) as needed for fiscal year 2023/2024. 2. Authorize the City Manager to execute the California Department of Alcoholic Beverage Control documents or other documents to effectuate the action herein, as required. Motion Carried (5 to 0) 13.h EXPAND THE UNITE PALM DESERT BICYCLE INCENTIVE PROGRAM FUNDS TO BE USED BY THE CITY FOR PLACEMENT OF BICYCLE RACKS ON CITY PROPERTY Motion by: Councilmember Kelly Seconded by: Councilmember Nestande Expand the use of the Unite Palm Desert Bicycle Incentive Program funds to allow the City to purchase and place bicycle racks on public property. Motion Carried (5 to 0) Page 14 of 209 Palm Desert City Council Meeting Minutes January 11, 2024 5 13.i REALLOCATE $5,000 OF UNITE PALM DESERT SECURITY CAMERA GRANT FUNDS FOR A MISTER SYSTEM GRANT PROGRAM Motion by: Councilmember Kelly Seconded by: Councilmember Nestande 1. Reallocate $5,000 of Unite Palm Desert Security Camera Grant Program (UPDSC) funds to a mister system grant program that grants up to $500 per commercial business/property owner to purchase and install misters at their location. 2. Authorize the City Manager to execute any and all documents related to a mister system grant program. Motion Carried (5 to 0) 13.j ACCEPTANCE OF A RESIGNATION FROM THE PUBLIC SAFETY COMMITTEE AND MARKETING COMMITTEE - APPOINTMENT TO THE PUBLIC SAFETY COMMITTEE Motion by: Councilmember Kelly Seconded by: Councilmember Nestande 1. With regret, accept the resignation of Gary Bindman from the Public Safety Committee. 2. With regret, accept the resignation of Erin Scott from the Marketing Committee. 3. Appoint Stephen Nelson to the Public Safety Committee to fill the unscheduled vacancy for the term ending June 30, 2025. Motion Carried (5 to 0) 13.k APPROVE OUT-OF-STATE TRAVEL FOR THE PUBLIC AFFAIRS MANAGER TO PROMOTE PALM DESERT FOOD AND WINE Motion by: Councilmember Kelly Seconded by: Councilmember Nestande Authorize out-of-state travel for the Public Affairs Manager to travel to New York City to promote Palm Desert Food & Wine at the James Beard House in conjunction with Palm Springs Life and Visit Greater Palm Springs. Motion Carried (5 to 0) Page 15 of 209 Palm Desert City Council Meeting Minutes January 11, 2024 6 14. ACTION CALENDAR 14.a APPROVE A SECOND AMENDMENT TO THE SECOND REVISED AND RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PALM DESERT AND DESERT WAVE VENTURES, LLC Economic Development Director Ceja presented a staff report and responded to City Council inquiries. Motion by: Councilmember Kelly Seconded by: Councilmember Nestande 1. Approve the Second Amendment to the Second Revised and Restated DDA between the City of Palm Desert and Desert Wave Ventures, LLC. 2. Authorize the Mayor to execute said Agreements. 3. Authorize the City Manager to make non-substantive changes to the Second Amendment to the Second Revised and Restated DDA as needed prior to execution by the Mayor. 4. Authorize the City Manager to draft, negotiate, and execute other supporting agreements that may be required by the DDA. 5. Authorize the City Manager to execute said agreements. Motion Carried (5 to 0) 14.b AWARD CONTRACT NO. C46970 TO ALTA PLANNING + DESIGN INC. TO DEVELOP PALM DESERT VISION ZERO STRATEGY IN THE AMOUNT OF $948,920, AND APPROPRIATE $66,980 IN MEASURE A FUND REVENUE (PROJECT NO. GSS00001/CST00018) Project Manager Gerry presented a staff report and responded to City Council inquiries. Motion by: Councilmember Kelly Seconded by: Councilmember Trubee 1. Award Contract No. C46970 to Alta Planning + Design, Inc., of Los Angeles, California, to develop Palm Desert Vision Zero Strategy in the amount of $948,920. 2. Authorize the Finance Director to appropriate funds in the amount $66,980 from unobligated Measure A Fund Balance to Account No. 21343000 - 4000910, Safe Routes. 3. Authorize the City Attorney to make any necessary non -monetary changes to the agreement. 4. Authorize City Manager or designee to execute agreement and any documents necessary to effectuate actions taken herewith. Motion Carried (5 to 0) Page 16 of 209 Palm Desert City Council Meeting Minutes January 11, 2024 7 14.c REQUEST FOR FEEDBACK AND DIRECTION REGARDING UPDATING ZONING AND BUSINESS REGULATIONS REGARDING CANNABIS MANUFACTURING BUSINESSES Development Services Director Cannone narrated a PowerPoint presentation and responded to City Council inquiries. Jocelyn Kane, Coachella Valley Cannabis Network (CVCAN) Board Vice President, spoke against staff's recommendation and stated it would not bring additional business to the area, asked that the City Council not be overly reactive to a recent fire at a cannabis-related business. Scot Rsuczyk, CVCAN Board President, spoke about the desire to balance the need for public safety with allowing businesses to grow, and shared information about their programs and meetings. Kenneth Churchill, West Coast Cannabis Club and CVCAN Board Member, spoke about his businesses' conformance to the City's regulations and expressed concern regarding potential limitations placed on the retail portion of his businesses. City Manager Hileman clarified that retail operations at existing microbusinesses are not affected by staff's recommendation, and confirmed that the State of California has shifted the responsibility of inspection, oversight and compliance to the City. Motion by: Councilmember Kelly Seconded by: Mayor Pro Tem Harnik Direct staff to proceed with amendments to the Palm Desert Municipal Code (PDMC) to: a. Prohibit cannabis manufacturing businesses b. Add Cannabis Microbusiness as a use that could be permitted through a Conditional Use Permit (CUP) in Service Industrial only with the following use limitations: i. Limited to one (1) business ii. No retail storefront, delivery only [Note: cannabis retail is prohibited in SI]. iii. Manufacturing is limited to packaging and labeling. c. Update/clarify any inconsistent code sections. d. Establish an annual fee of $2,760 for cannabis regulatory permits for Microbusinesses and Distribution businesses to cover the cost of semi- annual inspections. Motion Carried (5 to 0) Page 17 of 209 Palm Desert City Council Meeting Minutes January 11, 2024 8 14.d APPROVE THE 2024 LIST OF SOCIAL MEDIA COMMEMORATIONS Public Affairs Manager Soule narrated a PowerPoint presentation and responded to City Council inquiries. Mayor Quintanilla expressed her opposition to commemorating Columbus Day on social media and support for celebrating Indigenous Peoples' Day. Motion by: Councilmember Kelly Seconded by: Councilmember Nestande 1. Direct staff to commemorate Columbus Day and Indigenous Peoples’ Day and sensitively incorporate the comments from the City Council. 2. Approve the list of social media commemorations planned for 2024. NOES (1): Mayor Quintanilla Motion Carried (4 to 1) 15. PUBLIC HEARINGS 15.a PALM DESERT REDISTRICTING 2023: PUBLIC HEARING #5 REGARDING REDISTRICTING OF CITY COUNCIL BOUNDARIES – CONSIDERATION OF ADOPTING A CITY COUNCIL ELECTION DISTRICT BOUNDARIES MAP AND ORDINANCE INTRODUCTION (TO COMMENCE AT 4:30 P.M. OR SOON THEREAFTER) Mayor Quintanilla opened the public hearing. City Clerk Mejia narrated a PowerPoint presentation and respon ded to City Council inquiries. Michael Stafford, Palm Desert resident, spoke in opposition to Map 109 Renumbered B, and requested the introduction of Map 102c as an additional focus map. Debbie Green, Palm Desert resident, spoke in favor of introducing Map 102c as an additional focus map and in opposition to Map 109 Renumbered B. Mayor Quintanilla closed the public hearing, there being no other member of the public wishing to speak. Mayor Kelly thanked the City Clerk for his guidance through the process, and thanked all residents for their participation. She assured residents that the City Council has been monitoring the school boundary issue for a number of years, and established a subcommittee to work with the school districts to determine if the boundaries could be redrawn and learned it could not easily be done due to funding issues for each school district. She also noted District 4 Fred Waring Drive as a major commuter artery, and noted similar traffic safety issues on Fred Waring Drive, Cook Street, and commuter difficulties at the north end of the District 4, demonstrating a community of interest surrounding traffic issues. Page 18 of 209 Palm Desert City Council Meeting Minutes January 11, 2024 9 Mayor Pro Tem Harnik noted that District 4 also shares a unique border with Indian Wells in addition to the traffic issues on Fred Waring Drive. Motion by: Councilmember Kelly Seconded by: Mayor Pro Tem Harnik 1. Adopt “Map 109 Renumbered B” as the City Council election district boundaries map. 2. Introduce Ordinance No. 1406 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 2.38.040 OF THE PALM DESERT MUNICIPAL CODE RELATED TO BY-DISTRICT ELECTIONS, DEFINING DISTRICT BOUNDARIES, AND SCHEDULING ELECTIONS WITHIN THE DISTRICTS.” Motion Carried (5 to 0) 16. INFORMATION ITEMS 17. ADJOURNMENT The City Council adjourned at 6:07 p.m. 18. PUBLIC NOTICES _________________________ Níamh M. Ortega Assistant City Clerk/Assistant Secretary _________________________ Anthony J. Mejia, MMC City Clerk/Secretary Page 19 of 209 Page 20 of 209 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 1/9/2024 - 1/9/2024 City of Palm Desert Account Number 01/09/202400001083 ZATARAIN, ABELW1 RETIREE HEALTH STIPEND Februar41190005764192 2/2/2024 1,360.50 Examined and Approved Total For Bank ID - W1 1,360.50City Manager Examined and Approved Mayor or Mayor Pro-Tem Audited and Found Correct Director of Finance 01/09/2024Report Date 1Page City & Housing DocuSign Envelope ID: F45BC462-DBBE-4833-A6E9-BE19F085FD7A Page 21 of 209 Page 22 of 209 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 1/11/2024 - 1/11/2024 City of Palm Desert Account Number 01/11/202400001084 DEPARTMENT OF HEALTH CARE SERVICESW1 PP-GEMT Program NPI 108311774143045002304220 2024-1 78,919.25 Examined and Approved Total For Bank ID - W1 78,919.25City Manager Examined and Approved Mayor or Mayor Pro-Tem Audited and Found Correct Director of Finance 01/11/2024Report Date 1Page City and Housing DocuSign Envelope ID: B3398F0A-CC79-4FC0-B5DD-7B133CC0712E Page 23 of 209 Page 24 of 209 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 1/12/2024 - 1/12/2024 City of Palm Desert Account Number 01/12/202400001085 CITY OF PALM DESERTW1 ELEC23-0119 INSPECTION FEES48092004414195 INV-3772 453.00 01/12/202400001085 CITY OF PALM DESERTW1 TRASH ENCLOSURE PERMIT FEES48092004414195 INV-3727 290.00 01/12/202400001086 DECKARD TECHNOLOGIES INCW1 STR Monthly Fee Nov 202343090001104422 1457 5,783.33 01/12/202400001087 DESERT PUBLICATIONS INCW1 PARTY IN THE PARK PS LIFE ADVR43222001104417 993598 5,000.00 01/12/202400001088 ENTERPRISE HOLDINGS INCW1 FY 23/24 car rentals for Rivco43042001104210 34822936 1,707.08 01/12/202400001089 FEDERAL EXPRESS CORP.W1 Fedex Housing 8-321-16170 LFee43660008734195 9-665-02315 22.72 01/12/202400001090 FG CREATIVE INCW1 PSL Stand Alone - #99364243215002714491 10196 1,800.00 01/12/202400001090 FG CREATIVE INCW1 Website: Monthly update#99364443215002714491 10196 250.00 01/12/202400001090 FG CREATIVE INCW1 PSL Nov issue; FP ad #9819943215002714491 10196 4,395.00 01/12/202400001090 FG CREATIVE INCW1 PSL Digital Newsletters#99366543215002714491 10196 1,800.00 01/12/202400001090 FG CREATIVE INCW1 Monthly updates, Dec #99366443215002714491 10196 250.00 01/12/202400001090 FG CREATIVE INCW1 PSL Dec issue; FP ad#9857643215002714491 10196 4,395.00 01/12/202400001090 FG CREATIVE INCW1 Print/Magazine: Catalogu#9861443215002714491 10196 250.00 01/12/202400001091 FIRSTCHOICE COFFEE SERVICEW1 COFFEE, KITCHEN SUPPLIES42190001104330 734585 102.18 01/12/202400001091 FIRSTCHOICE COFFEE SERVICEW1 COFFEE AND KITCHEN SUPPLIES42190001104340 732557 120.00 01/12/202400001092 HIGH TECH IRRIGATION INC.W1 IRRIGATION SUPPLIES - MAGNESIA43370011104614 773875 63.43 01/12/202400001093 HORIZON PROFESSIONAL LANDSCAPEW1 R/M IRRIGATION - PDCC43321002994374 6605 295.75 01/12/202400001094 HR GREEN PACIFIC INCW1 PROVIDE TRAFFIC ENGINEERING AN50009062134250 170235 11,147.50 01/12/202400001094 HR GREEN PACIFIC INCW1 DW TEE BOX LEVELING48092004414195 170234 1,690.00 01/12/202400001095 IDEAPEDDLER LLCW1 Pocket Guide Shoot Recap43090001104417 2348 25,000.00 01/12/202400001095 IDEAPEDDLER LLCW1 Pocket Guide Storyboard43090001104417 2323 15,000.00 01/12/202400001096 INTERWEST CONSULTING GROUP INC.W1 NORTH SPHERE PARK -50002012334670 185461 89,452.00 01/12/202400001097 KIMLEY-HORN AND ASSOCIATES INC.W1 TRAFFIC OPERATION - AMEND 250009072134250 26784850-1 33,021.07 01/12/202400001098 MARIPOSA LANDSCAPES INCW1 LMA 9 LANDSCAPE MAINT - MEDIAN43370011104614 105263 24,745.40 01/12/202400001098 MARIPOSA LANDSCAPES INCW1 LMA 1 MONTHLY LANDSCAPE MAINT43370011104614 105278 41,125.38 01/12/202400001098 MARIPOSA LANDSCAPES INCW1 LANDSCAPE MAINT - ENTRADA DEL43921011104614 105263 5,040.80 01/12/202400001099 MICHAEL BAKER INTERNATIONAL INCW1 ENG SRVS - BIKE / PED P565-2150001032134633 1198538 18,356.25 01/12/2024Report Date 1Page City & Housing DocuSign Envelope ID: 18BD84D8-3D6C-48A2-907D-6EB441E5F4C3 Page 25 of 209 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 1/12/2024 - 1/12/2024 City of Palm Desert Account Number 01/12/202400001099 MICHAEL BAKER INTERNATIONAL INCW1 ENG - BIKEWAY AND PED IMP50001032134633 1196967 23,367.20 01/12/202400001100 NEOGOVW1 HR SOFTWARE GOVJOBS.COM & INSI43620011104190 INV-36964 4,720.73 01/12/202400001100 NEOGOVW1 HR Software exp 12/09/2414301001100000 INV-36964 3,372.03 01/12/202400001101 NV5 INCW1 NORTH SPHERE DRY UTILITY43090001104159 365079 1,867.00 01/12/202400001102 OTIS ELEVATOR COW1 ELEVATOR SVC - CORPYARD43090001104330 644373 1,711.52 01/12/202400001102 OTIS ELEVATOR COW1 ELEVATOR SVC SHERIFF SUBSTAT43695005104195 100401367550 210.05 01/12/202400001103 PURE WATER PARTNERS LLCW1 3 WATER DISPENSERS - CORPYARD43090001104330 1557548 223.05 01/12/202400001103 PURE WATER PARTNERS LLCW1 3 WATER DISPENSERS - CORPYARD43090001104330 1580617 223.05 01/12/202400001103 PURE WATER PARTNERS LLCW1 LATE FEE - CORPYARD43090001104330 1580617 34.67 01/12/202400001103 PURE WATER PARTNERS LLCW1 3 WATER DISPENSERS - CITY HALL43090001104340 1557548 223.05 01/12/202400001103 PURE WATER PARTNERS LLCW1 3 WATER DISPENSERS - CITY HALL43090001104340 1580617 223.05 01/12/202400001103 PURE WATER PARTNERS LLCW1 LATE FEE - CITY HALL43090001104340 1580617 34.67 01/12/202400001103 PURE WATER PARTNERS LLCW1 1 WATER DISPENSER - PORTOLA CC43090001104344 1557548 74.35 01/12/202400001103 PURE WATER PARTNERS LLCW1 1 WATER DISPENSER - PORTOLA CC43090001104344 1580617 74.35 01/12/202400001103 PURE WATER PARTNERS LLCW1 3 WATER DISPENSERS - FIRE STAT43310002304220 1557548 223.05 01/12/202400001103 PURE WATER PARTNERS LLCW1 3 WATER DISPENSERS - FIRE STAT43310002304220 1580617 223.05 01/12/202400001103 PURE WATER PARTNERS LLCW1 LATE FEE - FIRE STATIONS43310002304220 1580617 34.66 01/12/202400001104 SAME DAY EXPRESSW1 Maintenance of City's permanen43372004364650 010124 4,600.00 01/12/202400001105 SANT MADEW1 Website Hosting & Maintenance43620011104190 2826 700.00 01/12/202400001106 STAPLES BUSINESS ADVANTAGEW1 Dry Erase C.Ortega Boxes Files42110001104150 3555389396 183.65 01/12/202400001106 STAPLES BUSINESS ADVANTAGEW1 3 pk Scissors42110001104159 3555389396 16.86 01/12/202400001106 STAPLES BUSINESS ADVANTAGEW1 OFFICE SUPPLIES - CITY HALL42110001104300 3551955357 33.61 01/12/202400001106 STAPLES BUSINESS ADVANTAGEW1 OFFICE SUPPLIES - CITY HALL42110001104300 3552397810 56.94 01/12/202400001106 STAPLES BUSINESS ADVANTAGEW1 OFFICE SUPPLIES - CITY HALL42110001104300 3552850185 47.29 01/12/202400001107 VINTAGE ASSOCIATESW1 LMA 16 EXTRA WORK - COMM GAR43910001104611 230366 4,837.61 01/12/202402001678 ABRAHAM LINCOLN SCHOOLW1 MOU FOR AFTERSCHOOL CARE PROGR43892011104800 C41740B-3 75,000.00 01/12/202402001679 ACCURATE FIRST AID SERVICESW1 FIRST AID SUPPLIES - CORPYARD42190001104330 C-2266 127.78 01/12/2024Report Date 2Page City & Housing DocuSign Envelope ID: 18BD84D8-3D6C-48A2-907D-6EB441E5F4C3 Page 26 of 209 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 1/12/2024 - 1/12/2024 City of Palm Desert Account Number 01/12/202402001680 ADVANTEC CONSULTING ENGINEERSW1 DESIGN SRVS - COOK TRAFFIC SIG50009112134385 9803-0277-05 14,875.00 01/12/202402001681 AIR & HOSE SOURCE INCW1 STREET MAINT SUPPLIES42190001104310 536733 401.29 01/12/202402001681 AIR & HOSE SOURCE INCW1 STREET MAINT SUPPLIES42190001104310 536910 1,639.71 01/12/202402001682 ALL COLOR GROWERS INCW1 ANNUAL COLOR - CC PARK43320011104610 2023-472 1,540.83 01/12/202402001682 ALL COLOR GROWERS INCW1 ANNUAL COLOR FLOWERS -EL PASEO43370011104614 2023-472 26,614.25 01/12/202402001683 ANDERSON COMMUNICATION INCW1 DEC23 RADIO REPEATER SERVICE43650001104310 20130B 250.00 01/12/202402001684 ARMSTRONG GROWERSW1 POINSETTIAS43310001104340 SI-299113 792.07 01/12/202402001685 AT&TW1 T232910107 Tracking43042001104210 489235 95.00 01/12/202402001686 BILLER CONTENT INCW1 Film Series Jan43092004364650 01242024 250.00 01/12/202402001687 BMW MOTORCYCLE OF RIVERSIDEW1 FY 23/24 Maintenance and repai43340001104210 5043827 89.18 01/12/202402001687 BMW MOTORCYCLE OF RIVERSIDEW1 FY 23/24 Maintenance and repai43340001104210 6034852 301.43 01/12/202402001687 BMW MOTORCYCLE OF RIVERSIDEW1 FY 23/24 Maintenance and repai43340001104210 6034977 1,402.20 01/12/202402001688 BRIAN K. STEMMER CONSTRUCTIONW1 PW OFFICE CONSTRUCTION44001004504161 5889 24,950.00 01/12/202402001689 BURRTECW1 TRASH PICKUP SRV PP East43518002774373 433101-01/24 8,439.96 01/12/202402001689 BURRTECW1 TRASH PICKUP SRV PP West43518002774373 433104-01/24 7,035.40 01/12/202402001689 BURRTECW1 73710 FW TRASH PICKUP SRV43696015104195 208162-01/24 482.75 01/12/202402001689 BURRTECW1 73720 FW TRASH PICKUP SRV43696025104195 208189-01/24 350.87 01/12/202402001690 C A C E OW1 CACEO webinar 1.25.24 DMora43120001104422 200027530 54.00 01/12/202402001690 C A C E OW1 CACEO Webinar2.21.24 J.Centeno43120001104422 200027615 54.00 01/12/202402001691 CAPPOW1 J.Ramont 24CAPPO Member43630001104150 300013608 140.00 01/12/202402001691 CAPPOW1 C.Ortega 24CAPPO Member43630001104150 300013228 140.00 01/12/202402001691 CAPPOW1 J.Barron 24CAPPO Member43630001104150 300013600 140.00 01/12/202402001692 CASC ENGINEERING AND CONSULTING INCW1 MS4 / NPDES SUPPORT43090001104300 0049987 902.00 01/12/202402001693 CASH, PETTYW1 10/16/23 ITS Ca Conference43120001104250 101623-BA 27.00 01/12/202402001693 CASH, PETTYW1 10/10/23 Monitor stand/Door Si42110001104300 101023-BE 60.43 01/12/202402001693 CASH, PETTYW1 11/30/23 All supervisor Mtg42110001104300 113023-MA 53.67 01/12/202402001693 CASH, PETTYW1 09/28/23 labels42110001104300 092823-CG 32.31 01/12/2024Report Date 3Page City & Housing DocuSign Envelope ID: 18BD84D8-3D6C-48A2-907D-6EB441E5F4C3 Page 27 of 209 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 1/12/2024 - 1/12/2024 City of Palm Desert Account Number 01/12/202402001693 CASH, PETTYW1 12/19/23 MG Retirement42110001104300 121923-BE 16.26 01/12/202402001693 CASH, PETTYW1 10/14/23 Lunch Landscape Callo43125001104300 101423-MA 65.30 01/12/202402001693 CASH, PETTYW1 10/06/23 Project Update Mtg43125001104300 100623-MA 91.47 01/12/202402001693 CASH, PETTYW1 12/13/23 Cartgraph Training43125001104300 121323-MP 26.91 01/12/202402001693 CASH, PETTYW1 12/11/23 DMV Fees Trailer#10143340001104331 121123-DR 25.53 01/12/202402001693 CASH, PETTYW1 10/19/23 Holiday Light Tripper42190001104614 101923-MA 22.56 01/12/202402001693 CASH, PETTYW1 11/30/23 Key tags PP e/w43321002774373 113023-VM 33.91 01/12/202402001694 CBRE INCW1 FYE23. Appraisal of vacant pa43090008734195 0043046-1-23 4,000.00 01/12/202402001695 CITY CLERKS ASSOCIATIONW1 M. Nance CMC Training43120001104111 200002903 400.00 01/12/202402001696 CITY OF RANCHO MIRAGEW1 SHERIFF EQUIPMENT PURCH FARO T43914002294210 136 37,016.92 01/12/202402001697 COACHELLA VALLEY ASSOCIATIONW1 FY23/24 1ST QUARTER AB276643630002384515 CV24083-23 13,499.83 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 1052 CORPORATION YARD43510001104330 315177847704DC23 517.16 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 44911 Cabrillo Avenue43510001104340 712257390932DC23 75.07 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 (A) 1057 City Hall43510001104340 315187847714DC23 242.05 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 72880 Hwy 111 - Fire Meter43510001104340 800643444692DC23 99.84 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 72880 Hwy 111 - Fire Meter43510001104340 800645741286DC23 86.99 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 45656 Mountain View43510001104340 788901403140DC23 15.98 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 45653 Portola Ave43510001104340 792875403120DC23 62.49 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 72780 HWY 111 (Sears)43510001104340 815043444678DC23 101.41 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 (B) 1057 Portola CC43510001104344 315187847714DC23 426.70 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 1093 CIVIC CENTER PARK43510001104610 315245847772NV23 5,875.69 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 1093 CIVIC CENTER PARK43510001104610 315245847772DC23 4,917.49 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 1054 CITY PARKS43510001104611 315181847708DC23 1,296.16 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 1131 HOVLEY SOCCER PARK43510001104611 315303847830DC23 1,167.29 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 10049 FREEDOM PARK43510001104611 315491848018DC23 801.29 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 10364 HOVLEY SOCCER PARK43510001104611 316695849222DC23 2,062.37 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 72440 Painters Path - Bump43510001104611 681389846188DC23 27.87 01/12/2024Report Date 4Page City & Housing DocuSign Envelope ID: 18BD84D8-3D6C-48A2-907D-6EB441E5F4C3 Page 28 of 209 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 1/12/2024 - 1/12/2024 City of Palm Desert Account Number 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 74735 Hovley Lane E - Soccer43510001104614 127363385426DC23 103.59 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 1051 ST MEDIANS "4"43510001104614 315175847702DC23 2,138.86 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 1055 ST MEDIANS "5"43510001104614 315183847710DC23 6,742.11 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 1089 MEDIANS43510001104614 315239847766DC23 2,391.93 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 1149 ST MEDIANS NORTH43510001104614 586651849912DC23 183.03 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 10528 Entrada /Eric Johnson43510001104614 317287849814DC23 349.74 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 44400 Town Ctr - FS 3343510002304220 163253444356DC23 132.33 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 73200 Mesa View Dr FS 6743510002304220 176281476314DC23 481.24 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 73995 Country Club FS7143510002304220 122335377974DC23 347.53 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 1141 AQUATIC CENTER43510002424549 512541849896DC23 656.18 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 D. 1088 Desert Mirage (Cook)43510002734680 315237847764DC23 85.62 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 13 1050 Primrose II43510002734682 315173847700NV23 45.03 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 13 1050 Primrose II43510002734682 315173847700DC23 51.48 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 1 1050 Diamondback43510002754643 315173847700NV23 35.19 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 1 1050 Diamondback43510002754643 315173847700DC23 129.86 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 18 1050 Monterey Meadows43510002754680 315173847700NV23 47.69 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 18 1050 Monterey Meadows43510002754680 315173847700DC23 51.58 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 17 1050 The Glen43510002754681 315173847700NV23 43.80 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 17 1050 The Glen43510002754681 315173847700DC23 45.03 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 2 1050 Hovley Estates43510002754682 315173847700NV23 29.04 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 15 1050 Hovley Estates43510002754682 315173847700NV23 30.27 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 2 1050 Hovley Estates43510002754682 315173847700DC23 29.04 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 15 1050 Hovley Estates43510002754682 315173847700DC23 31.50 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 22 1050 Sonata I43510002754683 315173847700NV23 48.92 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 22 1050 Sonata I43510002754683 315173847700DC23 55.37 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 20 1050 Sonata II43510002754684 315173847700NV23 67.80 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 20 1050 Sonata II43510002754684 315173847700DC23 67.80 01/12/2024Report Date 5Page City & Housing DocuSign Envelope ID: 18BD84D8-3D6C-48A2-907D-6EB441E5F4C3 Page 29 of 209 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 1/12/2024 - 1/12/2024 City of Palm Desert Account Number 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 16 1050 Hovley Collection43510002754685 315173847700NV23 37.65 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 21 1050 Hovley Collection43510002754685 315173847700NV23 29.04 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 16 1050 Hovley Collection43510002754685 315173847700DC23 37.65 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 21 1050 Hovley Collection43510002754685 315173847700DC23 29.04 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 5 1050 La Paloma I43510002754686 315173847700NV23 30.27 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 19 1050 La Paloma I43510002754686 315173847700NV23 30.27 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 5 1050 La Paloma I43510002754686 315173847700DC23 30.27 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 19 1050 La Paloma I43510002754686 315173847700DC23 29.04 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 6 1050 La Paloma II43510002754687 315173847700NV23 64.23 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 6 1050 La Paloma II43510002754687 315173847700DC23 60.54 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 3 1050 La Paloma III43510002754693 315173847700NV23 37.65 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 3 1050 La Paloma III43510002754693 315173847700DC23 36.42 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 7 1050 Sandpiper43510002754694 315173847700NV23 71.61 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 7 1050 Sandpiper43510002754694 315173847700DC23 70.38 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 8 1050 Sandpiper43510002754695 315173847700NV23 61.77 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 8 1050 Sandpiper43510002754695 315173847700DC23 60.54 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 4 1050 Hovley Court West43510002754696 315173847700NV23 33.96 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 4 1050 Hovley Court West43510002754696 315173847700DC23 119.95 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 14 1050 Palm Court43510002754697 315173847700NV23 40.11 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 14 1050 Palm Court43510002754697 315173847700DC23 49.02 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 10561 HAYSTACK43510002764374 330559849954DC23 2,681.42 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 (3) 1056 Presidents Plaza43510002774373 315185847712DC23 2,085.65 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 (5) 1056 Presidents Plaza43510002774373 315185847712DC23 524.37 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 Larkspur Ln - Fire Meter43510002774373 797761405428DC23 86.99 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 Portola Ave - Fire Meter43510002774373 797755405410DC23 86.99 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 San Luis Rey Ave - Fire Meter43510002774373 797759405418-D23 86.99 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 San Luis Rey Ave - Fire Meter43510002774373 797757405414DC23 86.99 01/12/2024Report Date 6Page City & Housing DocuSign Envelope ID: 18BD84D8-3D6C-48A2-907D-6EB441E5F4C3 Page 30 of 209 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 1/12/2024 - 1/12/2024 City of Palm Desert Account Number 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 (1) 1056 Vineyards43510002784374 315185847712DC23 36.59 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 (7) 1056 Vineyards43510002784374 315185847712DC23 103.01 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 12 1050 Waring Court43510002794374 315173847700NV23 29.05 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 12 1050 Waring Court43510002794374 315173847700NV23 -182.16 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 12 1050 Waring Court43510002794374 315173847700DC23 33.96 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 11 1050 Palm Gate43510002804374 315173847700NV23 36.42 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 11 1050 Palm Gate43510002804374 315173847700DC23 35.19 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 (4) 1056 The Grove43510002814374 315185847712DC23 307.65 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 (2) 1056 Presidents Plaza 343510002824373 315185847712DC23 53.64 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 (8) 1056 Presidents Plaza 343510002824373 315185847712DC23 61.19 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 (6) 1056 Portola Place43510002834374 315185847712DC23 39.05 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 C. 1088 Kaufman43510002854374 315237847764DC23 43.80 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 10 1050 Canyon Crest43510002864374 315173847700NV23 47.49 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 10 1050 Canyon Crest43510002864374 315173847700DC23 45.03 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 H. 1088 College View Estates I43510002874374 315237847764DC23 115.71 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 F. 1088 The Boulders (Shepherd43510002874680 315237847764DC23 37.65 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 B. 1088 Sundance W (Kokopelli)43510002874681 315237847764DC23 42.57 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 E. 1088 Petunia Place 1 (Petun43510002874682 315237847764DC23 60.54 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 A. 1088 Sundance E. (Shepherd43510002874683 315237847764DC23 64.23 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 G. 1088 College View Estates I43510002874684 315237847764DC23 114.28 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 9 1050 PDCC43510002994374 315173847700NV23 272.03 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 9 1050 PDCC43510002994374 315173847700DC23 177.23 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 (1) 1161 - 73710 FW43696015104195 652499886934DC23 106.43 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 (3) 1161 - 73710 FW FP43696015104195 652499886934DC23 86.99 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 (2) 1161 - 73720 FW43696025104195 652499886934DC23 72.95 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 (4) 1161 - 72559 Hwy 11143698005104195 652499886934DC23 156.96 01/12/202402001698 COACHELLA VALLEY WATER DIST.W1 (5) 1161 - 72559 Hwy 111 FP43698005104195 652499886934DC23 40.65 01/12/2024Report Date 7Page City & Housing DocuSign Envelope ID: 18BD84D8-3D6C-48A2-907D-6EB441E5F4C3 Page 31 of 209 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 1/12/2024 - 1/12/2024 City of Palm Desert Account Number 01/12/202402001700 CONSERVE LANDCARE INCW1 August '23 Weather Event: Medi42191001104159 254319 8,268.60 01/12/202402001700 CONSERVE LANDCARE INCW1 LANDSCAPE REHAB - PARKS43320011104611 254316 4,194.90 01/12/202402001701 CONSOLIDATED ELECTRICALW1 ELECT / LIGHTING - CC PARK43321001104610 5725-1090319 4,148.38 01/12/202402001701 CONSOLIDATED ELECTRICALW1 ELECTRIC - SAN PABLO ART PIECE43325011104614 5725-1103923 514.68 01/12/202402001702 CSMFOW1 CSMFO Annual Conf V.Chavez 2443120001104150 200019235 515.00 01/12/202402001703 DATA TICKET INCW1 PARKING TICKET PROCESS- NOV2343090001104422 159100 177.00 01/12/202402001704 DEPARTMENT OF JUSTICEW1 FY 23/24 Blood alcohol analysi43904001104210 703829 280.00 01/12/202402001705 DESERT FIRE EXTINGUISHERW1 R/M FIRE SYSTEM - CITY HALL43090001104340 12472519 63.57 01/12/202402001705 DESERT FIRE EXTINGUISHERW1 R/M FIRE SYSTEM - PARKVIEW BLD43696015104195 12476689 866.62 01/12/202402001705 DESERT FIRE EXTINGUISHERW1 R/M FIRE SYSTEM - HENDERSON43698005104195 12474258 100.93 01/12/202402001705 DESERT FIRE EXTINGUISHERW1 R/M FIRE SYSTEM - HENDERSON43698005104195 12476221 118.54 01/12/202402001706 DESERT RECREATION DISTRICTW1 PARKS / REC SRVS - PORTOLA CC43090001104344 3567 9,118.87 01/12/202402001706 DESERT RECREATION DISTRICTW1 PARK SRVS - CIVIC CENTER PARK43092001104610 3566 44,124.46 01/12/202402001707 DESERT TREE SPRAYINGW1 RODENT/GOPHER CONTROL - CC PAR43320011104610 2088 250.00 01/12/202402001707 DESERT TREE SPRAYINGW1 RODENT/GOPHER CONTROL - CC PAR43320011104610 2089 250.00 01/12/202402001707 DESERT TREE SPRAYINGW1 RODENT/GOPHER CONTROL - CC PAR43320011104610 2162 250.00 01/12/202402001707 DESERT TREE SPRAYINGW1 RODENT/GOPHER CONTROL - CC PAR43320011104610 2405 290.00 01/12/202402001707 DESERT TREE SPRAYINGW1 GOPHER/RODENT CONTROL - PARKS43320011104611 2088 215.00 01/12/202402001707 DESERT TREE SPRAYINGW1 GOPHER/RODENT CONTROL - PARKS43320011104611 2089 215.00 01/12/202402001707 DESERT TREE SPRAYINGW1 GOPHER/RODENT CONTROL - PARKS43320011104611 2162 215.00 01/12/202402001707 DESERT TREE SPRAYINGW1 GOPHER/RODENT CONTROL - PARKS43320011104611 2405 275.00 01/12/202402001707 DESERT TREE SPRAYINGW1 RODENT/GOPHER CONTROL - GARDEN43910001104611 2088 60.00 01/12/202402001707 DESERT TREE SPRAYINGW1 RODENT/GOPHER CONTROL - GARDEN43910001104611 2089 60.00 01/12/202402001707 DESERT TREE SPRAYINGW1 RODENT/GOPHER CONTROL - GARDEN43910001104611 2162 60.00 01/12/202402001707 DESERT TREE SPRAYINGW1 RODENT/GOPHER CONTROL - GARDEN43910001104611 2405 80.00 01/12/202402001707 DESERT TREE SPRAYINGW1 RODENT/GOPHER CONTROL - ENTRAD43921011104614 2088 110.00 01/12/202402001707 DESERT TREE SPRAYINGW1 RODENT/GOPHER CONTROL - ENTRAD43921011104614 2089 110.00 01/12/2024Report Date 8Page City & Housing DocuSign Envelope ID: 18BD84D8-3D6C-48A2-907D-6EB441E5F4C3 Page 32 of 209 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 1/12/2024 - 1/12/2024 City of Palm Desert Account Number 01/12/202402001707 DESERT TREE SPRAYINGW1 RODENT/GOPHER CONTROL - ENTRAD43921011104614 2162 110.00 01/12/202402001707 DESERT TREE SPRAYINGW1 RODENT/GOPHER CONTROL - ENTRAD43921011104614 2405 130.00 01/12/202402001707 DESERT TREE SPRAYINGW1 RODENT/GOPHER CONTROL - K/B43321002854374 2088 60.00 01/12/202402001707 DESERT TREE SPRAYINGW1 RODENT/GOPHER CONTROL - K/B43321002854374 2089 60.00 01/12/202402001707 DESERT TREE SPRAYINGW1 RODENT/GOPHER CONTROL - K/B43321002854374 2162 60.00 01/12/202402001707 DESERT TREE SPRAYINGW1 RODENT/GOPHER CONTROL - K/B43321002854374 2405 80.00 01/12/202402001708 DISABILITY ACCESS CONSULTANTSW1 ADA CONSULTANT SERVICES43090001104159 23-275 2,925.00 01/12/202402001709 DR HYDRAULICS INCW1 COMPRESSOR SERVICE - FS#3343310002304220 2954 971.31 01/12/202402001709 DR HYDRAULICS INCW1 COMPRESSOR SERVICE - FS#7143310002304220 2955 971.31 01/12/202402001709 DR HYDRAULICS INCW1 COMPRESSOR SERVICE - FS#6743310002304220 2956 971.31 01/12/202402001710 DRAGON'S EXTERMINATORW1 PEST CONTROL - CC PARK43310001104610 89232657 50.00 01/12/202402001710 DRAGON'S EXTERMINATORW1 PEST CONTROL - PARK BLDGS43310001104611 89232657 180.00 01/12/202402001710 DRAGON'S EXTERMINATORW1 PEST CONTROL - COMM GARDENS43910001104611 89232657 10.00 01/12/202402001711 ENGINEERING RESOURCESW1 ENG SRVS - NS FIRE STATION44001002354270 59714 3,191.50 01/12/202402001712 ETCH THIS AND THATW1 BCC Clocks-Small43063001104111 10677 272.17 01/12/202402001713 FOSTER GARDNER INC.W1 TREE FERTILIZER - CC PARK43320011104610 274171 490.81 01/12/202402001713 FOSTER GARDNER INC.W1 FERTILIZER - PARKS43320011104611 274694 3,423.34 01/12/202402001714 GALLS LLCW1 COPS Uniforms43060011104211 026479357 85.33 01/12/202402001715 GARLAND/DBS INCW1 R/M ROOF - ARTISTS CENTER43885001104800 42785245068 8,067.00 01/12/202402001716 GLADWELL GOVERNMENTAL SERVICES INC.W1 REC MGMT Legal Review 23-2443090001104111 5314 350.00 01/12/202402001717 HAMMER PLUMBING AND PUMPINGW1 CAHUILLA RESTROOM PUMP SRV43310001104611 33719-1 395.00 01/12/202402001718 HERITAGE LANDSCAPEW1 IRRIG SUPPLIES - MAG MEDIANS43370011104614 0012234116-001 51.68 01/12/202402001719 HERITAGE LANDSCAPEW1 IRRIGATION TOOLS - HOVLEY42190001104611 0012957615-001 24.00 01/12/202402001719 HERITAGE LANDSCAPEW1 IRRIG SUPPLIES - MAGN FALLS43320011104611 0013205968-003 1,134.35 01/12/202402001719 HERITAGE LANDSCAPEW1 IRRIG SUPPLIES - FREEDOM PARK43320011104611 0013290737-002 116.62 01/12/202402001719 HERITAGE LANDSCAPEW1 IRRIGATION TOOLS - MEDIANS42190001104614 0013536073-001 63.54 01/12/202402001719 HERITAGE LANDSCAPEW1 IRRIG SUPPLIES - MAGN FALLS DR43370011104614 0013205968-001 257.66 01/12/2024Report Date 9Page City & Housing DocuSign Envelope ID: 18BD84D8-3D6C-48A2-907D-6EB441E5F4C3 Page 33 of 209 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 1/12/2024 - 1/12/2024 City of Palm Desert Account Number 01/12/202402001720 HORIZON LIGHTING INC.W1 R/M ELECT / LIGHT - CITY HALL43310001104340 336124 1,543.54 01/12/202402001720 HORIZON LIGHTING INC.W1 ELECT/LIGHTING - FS #7143310002304220 336324 11,497.13 01/12/202402001721 I I M CW1 Lomeli Mem. Ren+ Late Fee43630001104111 39414-MLOMELI 140.00 01/12/202402001722 IMPERIAL IRRIGATION DISTRICTW1 S/W COR CC WSH43514001104250 50155642-DC23 166.49 01/12/202402001722 IMPERIAL IRRIGATION DISTRICTW1 S/W COR CC WSH43514001104250 50155645-DC23 25.34 01/12/202402001722 IMPERIAL IRRIGATION DISTRICTW1 40996 WASH ST TRF SIGNAL43514001104250 50524526-DC23 119.65 01/12/202402001722 IMPERIAL IRRIGATION DISTRICTW1 Dinah Shore Dr/Shopper43514001104250 50087402-DC23 54.92 01/12/202402001722 IMPERIAL IRRIGATION DISTRICTW1 Dinah Shore Dr/Miriam43514001104250 50087411-DC23 51.73 01/12/202402001722 IMPERIAL IRRIGATION DISTRICTW1 72800 Dinah Shore Drive43514001104250 50087423-DC23 74.72 01/12/202402001722 IMPERIAL IRRIGATION DISTRICTW1 Dinah Shore Dr/Monterrey43514001104250 50087432-DC23 87.32 01/12/202402001722 IMPERIAL IRRIGATION DISTRICTW1 Dinah Shore Dr/Monterey43514001104250 50087443-DC23 56.53 01/12/202402001722 IMPERIAL IRRIGATION DISTRICTW1 Dinah Shore Dr/Miriam43514001104250 50087452-DC23 79.52 01/12/202402001722 IMPERIAL IRRIGATION DISTRICTW1 37998 Gerald Ford Dr43514001104250 50514026-DC23 47.53 01/12/202402001722 IMPERIAL IRRIGATION DISTRICTW1 37996 Gerald Ford Dr Signal LT43514001104250 50514028-DC23 69.52 01/12/202402001722 IMPERIAL IRRIGATION DISTRICTW1 75396 Frank Sinatra Dr43514001104250 50540835-DC23 54.92 01/12/202402001722 IMPERIAL IRRIGATION DISTRICTW1 75394 Frank Sinatra Dr St Ligh43514001104250 50540839-DC23 38.14 01/12/202402001722 IMPERIAL IRRIGATION DISTRICTW1 75398 Frank Sinatra Dr43514001104250 50540840-DC23 57.73 01/12/202402001722 IMPERIAL IRRIGATION DISTRICTW1 33108 Mont Safety Lt43514001104250 50650535-NV23 148.56 01/12/202402001722 IMPERIAL IRRIGATION DISTRICTW1 34249 Monterey Ave43514001104614 50488446-DC23 19.54 01/12/202402001723 INTERNATIONAL CODE COUNCILW1 ICC 21 CMMNTRY COMBO CODE BKS43620001104420 1001795461 624.52 01/12/202402001724 JOVANNI JIMENEZW1 REIMB-J JIMENEZ ICC RESI CERT43120001104420 101675247 230.00 01/12/202402001725 JUNK EXPRESS, THEW1 Abatement Case no. 23-235243055001104422 210409 325.00 01/12/202402001726 KARTAL CORPORATION, THEW1 COPS Car Washes43060011104211 020124-1 204.98 01/12/202402001727 KINCAID INDUSTRIES INCW1 R/M PLUMBING - CC PARK43310001104610 5282 985.33 01/12/202402001727 KINCAID INDUSTRIES INCW1 R/M PLUMBING - CC PARK43310001104610 5283 450.00 01/12/202402001727 KINCAID INDUSTRIES INCW1 R/M PLUMBING - HOVLEY43310001104611 5285 352.12 01/12/202402001728 KOA CORPORATIONW1 ENG - HAYSTACK TRAFFIC CALMING50009032134327 JC22036-20 1,222.08 01/12/2024Report Date 10Page City & Housing DocuSign Envelope ID: 18BD84D8-3D6C-48A2-907D-6EB441E5F4C3 Page 34 of 209 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 1/12/2024 - 1/12/2024 City of Palm Desert Account Number 01/12/202402001729 LA PRENSA HISPANAW1 PDHA Legal Advertising43210001104111 884 400.00 01/12/202402001729 LA PRENSA HISPANAW1 Redistricting Hearing Notice43090001104114 880 675.00 01/12/202402001730 LOCK SHOP INC.W1 KEYS - CORP YARD42190001104330 BB10558402 3.18 01/12/202402001731 LOWE'S HOME CENTERS INC.W1 BLDG SUPPLIES - CITY HALL43310001104340 971257-110123 155.72 01/12/202402001731 LOWE'S HOME CENTERS INC.W1 LANDSCAPE SUPPLIES - FREEDOM42190001104611 994489-111723 92.00 01/12/202402001731 LOWE'S HOME CENTERS INC.W1 BLDG SUPPLIES - SHERIFF CTR43695005104195 980110-111323 30.69 01/12/202402001731 LOWE'S HOME CENTERS INC.W1 PARTS FOR SAN PABLO ART PIECE43370011104614 971683-112923 17.33 01/12/202402001731 LOWE'S HOME CENTERS INC.W1 STREET MAINT SUPPLIES42190001104310 974279-113023 395.79 01/12/202402001731 LOWE'S HOME CENTERS INC.W1 STREET MAINT SUPPLIES42190001104310 971572-120823 108.64 01/12/202402001731 LOWE'S HOME CENTERS INC.W1 R/M STREETS - CONCRETE PATCH43320001104310 995224-120623 199.45 01/12/202402001731 LOWE'S HOME CENTERS INC.W1 GRAFFITI REMOVAL SUPPLIES43915021104310 989122-120423 32.71 01/12/202402001732 M & M SWEEPING INC.W1 NOV23 CITYWIDE STREET SWEEPING43320001104310 66267 15,897.08 01/12/202402001732 M & M SWEEPING INC.W1 NOV23 PRKG LOT SWEEP - CY43310001104330 66267 340.00 01/12/202402001732 M & M SWEEPING INC.W1 NOV23 PRKG LOT SWEEP - CC PARK43321001104610 66267 764.00 01/12/202402001732 M & M SWEEPING INC.W1 NOV23 PRKG LOT SWEEP - PARKS43325011104611 66267 616.00 01/12/202402001732 M & M SWEEPING INC.W1 NOV23 PRKG LOT SWEEP - ENTRADA43921011104614 66267 247.00 01/12/202402001732 M & M SWEEPING INC.W1 NOV23 PRKG LOT SWEEP - AQUATIC43311012424549 66267 140.00 01/12/202402001732 M & M SWEEPING INC.W1 NOV23 PRKG LOT SWEEP - PPE/W43091032774373 66267 593.00 01/12/202402001732 M & M SWEEPING INC.W1 NOV23 PRKG LOT SWEEP - PP343091032824373 66267 458.00 01/12/202402001732 M & M SWEEPING INC.W1 NOV23 PRKG LOT SWEEP -PARKVIEW43696015104195 66267 188.00 01/12/202402001733 MATICH CORPORATIONW1 RTNT P116687/C4524020600002110000 RTNT PP #04 -63,608.07 01/12/202402001733 MATICH CORPORATIONW1 FRED WARING REHABILITATION43320002114311 PP #04 1,272,161.44 01/12/202402001734 MAXWELL SECURITY SERVICESW1 AFTER-HOURS ALARM RESPONSE43090001104340 2311181 400.00 01/12/202402001735 MERCHANTS BUILDING MAINTENANCEW1 JANITORIAL - CORPORATION YARD43310001104330 768822 2,667.98 01/12/202402001735 MERCHANTS BUILDING MAINTENANCEW1 JANITORIAL - CITY HALL43326001104340 768822 8,569.46 01/12/202402001735 MERCHANTS BUILDING MAINTENANCEW1 JANITORIAL - PORTOLA CC43310001104344 768822 1,347.88 01/12/202402001735 MERCHANTS BUILDING MAINTENANCEW1 JANITORIAL - iHUB43950004254430 768822 2,028.71 01/12/2024Report Date 11Page City & Housing DocuSign Envelope ID: 18BD84D8-3D6C-48A2-907D-6EB441E5F4C3 Page 35 of 209 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 1/12/2024 - 1/12/2024 City of Palm Desert Account Number 01/12/202402001735 MERCHANTS BUILDING MAINTENANCEW1 JANITORIAL - SHERIFF CTR43695005104195 768822 6,572.34 01/12/202402001735 MERCHANTS BUILDING MAINTENANCEW1 JANITORIAL - PARKVIEW OFFICE B43696015104195 768822 7,943.77 01/12/202402001735 MERCHANTS BUILDING MAINTENANCEW1 JANITORIAL - PARKVIEW OFFICE B43696015104195 768823 2,532.06 01/12/202402001735 MERCHANTS BUILDING MAINTENANCEW1 JANITORIAL - STATE BLDG43696025104195 768822 5,984.70 01/12/202402001735 MERCHANTS BUILDING MAINTENANCEW1 JANITORIAL - HENDERSON BLDG43698005104195 768822 988.10 01/12/202402001735 MERCHANTS BUILDING MAINTENANCEW1 PRESSURE WASH - PARKVIEW BLDG43696015104195 767147 750.00 01/12/202402001736 MERCURY FILM & TELEVISIONW1 50TH ANNIVERSARY CELEBRATION V43222001104417 4008 5,700.00 01/12/202402001737 MILLER, MIRIAMW1 REIMB BUILD CALC - BLDRS BOOK43620001104420 320538 290.80 01/12/202402001738 MOWERS PLUS INCW1 R/M SMALL EQUIPMENT43340001104331 288770 122.87 01/12/202402001738 MOWERS PLUS INCW1 R/M SMALL EQUIPMENT43340001104331 288771 113.02 01/12/202402001739 NUTRIEN AG SOLUTIONS INCW1 GRASS SEED - PARKS43320011104611 52915513 9,697.50 01/12/202402001740 OZZIE'S INTERNATIONALW1 R/M VEH #094 LEASED43340001104331 35008 954.41 01/12/202402001741 PALM DESERT ACE HARDWAREW1 TOOLS - FACILITIES STAFF42190001104340 243526 75.38 01/12/202402001741 PALM DESERT ACE HARDWAREW1 BATTERIES - CITY HALL42190001104340 243527 47.38 01/12/202402001741 PALM DESERT ACE HARDWAREW1 BATTERIES - CITY HALL43310001104340 243476 43.08 01/12/202402001741 PALM DESERT ACE HARDWAREW1 ZIP TIES - HOVLEY42190001104611 243531 33.38 01/12/202402001742 PALM DESERT CHARTER MIDDLE SCHOOLW1 OA FY23/2443881001104800 C41650E Y3 9,500.00 01/12/202402001743 PALMER ELECTRICW1 Lighting for the Sunburst artw44001004364650 4996 9,689.00 01/12/202402001743 PALMER ELECTRICW1 BOND REIMBURSEMENT - CC PARK43321001104610 4903 399.00 01/12/202402001743 PALMER ELECTRICW1 BOND REIMBURSEMENT-PARKS43325011104611 4903 1,000.00 01/12/202402001743 PALMER ELECTRICW1 BOND REIMBURSEMENT - MEDIANS43325011104614 4903 1,000.00 01/12/202402001743 PALMER ELECTRICW1 BOND REIMBURSEMENT - ENTRADA43921011104614 4903 1,000.00 01/12/202402001743 PALMER ELECTRICW1 BOND REIMBURS - AQUATIC CENTER43311012424549 4903 1,000.00 01/12/202402001743 PALMER ELECTRICW1 ELECT REPAIRS - HIST SOCIETY43310001104340 4942 1,418.61 01/12/202402001744 PARKHOUSE TIRE INC.W1 R/M EQUP #384 CITY OWNED43340001104331 2030231793 514.24 01/12/202402001745 PATTON DOOR & GATEW1 COURTESY CART GARAGE DOORS43310001104340 93615 15,122.00 01/12/202402001746 POWERFUL PEST MANAGEMENTW1 PEST CONTROL - CORPYARD43090001104330 298377 104.50 01/12/2024Report Date 12Page City & Housing DocuSign Envelope ID: 18BD84D8-3D6C-48A2-907D-6EB441E5F4C3 Page 36 of 209 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 1/12/2024 - 1/12/2024 City of Palm Desert Account Number 01/12/202402001746 POWERFUL PEST MANAGEMENTW1 PEST CONTROL - CORPYARD43090001104330 298378 49.50 01/12/202402001746 POWERFUL PEST MANAGEMENTW1 PEST CONTROL - HISTORICAL SOC43090001104340 298380 49.50 01/12/202402001746 POWERFUL PEST MANAGEMENTW1 PEST CONTROL - CITY HALL43090001104340 298381 137.50 01/12/202402001746 POWERFUL PEST MANAGEMENTW1 PEST CONTROL - PORTOLA CC43090001104344 298379 74.50 01/12/202402001746 POWERFUL PEST MANAGEMENTW1 PEST CONTROL - ARTISTS CENTER43885001104800 298389 99.00 01/12/202402001746 POWERFUL PEST MANAGEMENTW1 PEST CONTROL - FS #3343310002304220 298386 88.00 01/12/202402001746 POWERFUL PEST MANAGEMENTW1 PEST CONTROL - FS #6743310002304220 298387 71.50 01/12/202402001746 POWERFUL PEST MANAGEMENTW1 PEST CONTROL - FS #7143310002304220 298388 71.50 01/12/202402001746 POWERFUL PEST MANAGEMENTW1 PEST CONTROL - SHERIFF SUBSTAT43695005104195 298384 88.00 01/12/202402001746 POWERFUL PEST MANAGEMENTW1 PEST CONTROL - PARKVIEW BLDG43696015104195 298382 82.50 01/12/202402001746 POWERFUL PEST MANAGEMENTW1 PEST CONTROL - STATE BLDG43696025104195 298383 88.00 01/12/202402001746 POWERFUL PEST MANAGEMENTW1 PEST CONTROL - HENDERSON BLDG43698005104195 298385 132.00 01/12/202402001747 PRO-CRAFT CONSTRUCTION INCW1 PLUMBING SRV - UNIVERSITY PARK43310001104611 23121-19 2,177.42 01/12/202402001748 PROFESSIONAL INTERPRETING LLCW1 On-Call Spanish Interpreter an43090001104114 7170 3,130.06 01/12/202402001749 PROPER SOLUTIONS INC.W1 Y, Chavez 12.27.23-12.29.2343004001104111 15472 560.48 01/12/202402001750 S&S FLEET SERVICESW1 R/M EQUIP #140 CITY OWNED43340001104331 527 330.00 01/12/202402001751 Salsbury IndustriesW1 PARKVIEW MAILBOX REPLACEMENT43310005104195 CS-1067034 4,299.23 01/12/202402001752 SEAWRIGHT CUSTOM PRECAST INCW1 PURCHASE OF 27 PRECAST PLANTER44001004004618 4108 38,049.74 01/12/202402001753 SERGIO SAMANIEGOW1 1223-BOOTREIM-SS43915001104300 1223-BOOTREIM-SS 250.00 01/12/202402001754 SESAC INCW1 City Produced Events43061011104416 104392 1,888.00 01/12/202402001755 SHAFFER, GARYW1 SHAFFER MIL. REIMB.43125002524662 122123 74.15 01/12/202402001756 SHASTA FIRE PROTECTIONW1 ANNUAL FIRE SPRINKLER INSP43090001104340 8424 1,800.00 01/12/202402001757 SKYLINE SAFETY AND SUPPLYW1 STREET MAINT SUPPLIES42190001104310 8062 969.47 01/12/202402001758 SOUTHERN CALIFORNIA EDISONW1 42991 1/2 San Pablo43514001104250 700653799848JN24 3,404.50 01/12/202402001758 SOUTHERN CALIFORNIA EDISONW1 42993 1/2 San Pablo43514001104250 700653808235JN24 206.69 01/12/202402001759 SOUTHERN CALIFORNIA EDISONW1 VITALIA SRV REQ #357196750009112134385 7590524622 13,399.27 01/12/202402001760 SOUTHWEST AQUATICSW1 R/M LAGOON - CIVIC CENTER PARK43320011104610 11-21183 4,114.00 01/12/2024Report Date 13Page City & Housing DocuSign Envelope ID: 18BD84D8-3D6C-48A2-907D-6EB441E5F4C3 Page 37 of 209 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 1/12/2024 - 1/12/2024 City of Palm Desert Account Number 01/12/202402001760 SOUTHWEST AQUATICSW1 R/M WATER FEATURE ENTRADA DEL43921011104614 11-21183 1,030.00 01/12/202402001761 SUNBELT RENTALS INCW1 R/M RENTAL EQUIP - DUMP TRUCK43340001104331 147778797-0002 1,235.54 01/12/202402001762 SUPERIOR READY MIX CONCRETEW1 STREET MAINT SUPPLIES42190001104310 395193 487.60 01/12/202402001762 SUPERIOR READY MIX CONCRETEW1 STREET MAINT SUPPLIES42190001104310 396070 693.45 01/12/202402001763 T-MOBILE USA INCW1 Sheriff GPS Locate43042001104210 9553149062 100.00 01/12/202402001763 T-MOBILE USA INCW1 Sheriff Timing Advance Nov2343042001104210 9554711365 50.00 01/12/202402001764 T-MOBILE USA INCW1 DEC23 VEHICLE GPS MONITORING43340001104331 978220384-25 1,520.19 01/12/202402001765 TERRA NOVA PLANNINGW1 SECTION 29 ENVIRON DOC50004552324370 TN082302 682.50 01/12/202402001766 TOPS N BARRICADES INC.W1 STREET MAINT SUPPLIES42190001104310 1104049 891.75 01/12/202402001767 TRIPEPI SMITH & ASSOCIATES INCW1 Palm Desert 2023 Redistricting43090001104114 11526 2,756.47 01/12/202402001768 URBAN HABITAT ENVIRONMENTALW1 RTNT P116433/C4469020600001100000 RTNT 8624 -280.51 01/12/202402001768 URBAN HABITAT ENVIRONMENTALW1 CO#2 - MAG FALLS / PORTOLA43370011104614 8624 5,610.25 01/12/202402001768 URBAN HABITAT ENVIRONMENTALW1 RTNT P116433/C4469020600004000000 RTNT 8624 -101.00 01/12/202402001768 URBAN HABITAT ENVIRONMENTALW1 LANDSCAPE INSTALL - PORTOLA43370014004614 8624 2,020.00 01/12/202402001769 VEGA, ERIKW1 1223-WEATHERBOOT-EV42191001104159 1223-WTHRBOOT-EV 228.36 01/12/202402001770 VELASQUEZ AUTO BODY SPECIALISTSW1 R/M VEH #095 LEASED43340001104331 1037 3,542.80 01/12/202402001771 WATERLINE TECHNOLOGIES INCW1 CHEMICALS - AQUATIC CENTER42111002424549 5651308 1,713.23 01/12/202402001771 WATERLINE TECHNOLOGIES INCW1 CHEMICALS - AQUATIC CENTER42111002424549 5653299 942.27 01/12/202402001772 WAXIEW1 JANITORIAL SUPPLIES42190001104340 82079699 363.18 01/12/202402001773 WEST COAST ARBORISTS INCW1 August '23 Weather Event: Tree42191001104159 206291 16,493.50 01/12/202402001773 WEST COAST ARBORISTS INCW1 HARDWOOD PRUNING - CC PARK43320011104610 206067 1,668.10 01/12/202402001773 WEST COAST ARBORISTS INCW1 HARDWOOD PRUNING - PARKS43320011104611 206067 1,548.95 01/12/202402001773 WEST COAST ARBORISTS INCW1 HARDWOOD PRUNING - PARKS43320011104611 206270 119.15 01/12/202402001773 WEST COAST ARBORISTS INCW1 HARDWOOD PRUNING - MEDIANS43370011104614 206067 4,289.40 01/12/202402001773 WEST COAST ARBORISTS INCW1 HARDWOOD PRUNING - MEDIANS43370011104614 206270 5,957.50 01/12/202402001773 WEST COAST ARBORISTS INCW1 HARDWOOD PRUNING - MEDIANS43370011104614 206913 8,578.80 01/12/202402001773 WEST COAST ARBORISTS INCW1 HARDWOOD PRUNING - MEDIANS43370011104614 207611 4,766.00 01/12/2024Report Date 14Page City & Housing DocuSign Envelope ID: 18BD84D8-3D6C-48A2-907D-6EB441E5F4C3 Page 38 of 209 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 1/12/2024 - 1/12/2024 City of Palm Desert Account Number 01/12/202402001773 WEST COAST ARBORISTS INCW1 HARDWOOD PRUNING - ENTRADA43921011104614 206067 2,859.60 01/12/202402001773 WEST COAST ARBORISTS INCW1 HARDWOOD PRUNING - ENTRADA43921011104614 206270 5,480.90 01/12/202402001773 WEST COAST ARBORISTS INCW1 HARDWOOD PRUNING - ENTRADA43921011104614 206913 15,132.05 01/12/202402001773 WEST COAST ARBORISTS INCW1 HARDWOOD PRUNING - ENTRADA43921011104614 207611 7,149.00 01/12/202402001773 WEST COAST ARBORISTS INCW1 MISC TREE WORK - CC PARK43320011104610 206902 829.75 01/12/202402001773 WEST COAST ARBORISTS INCW1 MISC TREE WORK - CC BALLFIELDS43371001104610 207610 857.00 01/12/202402001773 WEST COAST ARBORISTS INCW1 MISC TREE WORK - MEDIANS43370011104614 206902 5,177.15 01/12/202402001773 WEST COAST ARBORISTS INCW1 MISC TREE WORK - MEDIANS43370011104614 207610 7,467.75 01/12/202402001773 WEST COAST ARBORISTS INCW1 MISC TREE WORK - ENTRADA43921011104614 206066-A 6,856.00 01/12/202402001774 WHITE CAP LPW1 STREET MAINT SUPPLIES42190001104310 50024826988 1,304.79 01/12/202402001774 WHITE CAP LPW1 STREET MAINT SUPPLIES42190001104310 50024846583 607.92 01/12/202402001775 WITTMAN ENTERPRISES LLCW1 DEC23 Consultant Services43090002304220 23120547 17,641.00 01/12/202402001776 XPRESS GRAPHICSW1 PD In Touch Rack Card43610001104417 23-58583 88.61 01/12/202402001776 XPRESS GRAPHICSW1 Tri-fold Housing Brochure43610001104417 23-58529 186.52 Examined and Approved Total For Bank ID - W1 2,261,053.05City Manager Examined and Approved Mayor or Mayor Pro-Tem Audited and Found Correct Director of Finance 01/12/2024Report Date 15Page City & Housing DocuSign Envelope ID: 18BD84D8-3D6C-48A2-907D-6EB441E5F4C3 Page 39 of 209 Page 40 of 209 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: January 25, 2024 PREPARED BY: Erika Castellano, Assistant to the City Council REQUEST: ACCEPT REASSIGNMENT OF CITY COUNCIL LIAISON TO CULTURAL RESOURCE PRESERVATION COMMITTEE RECOMMENDATION: Appoint Mayor Pro Tem Harnik as the City Council Liaison to the Cultural Resource Preservation Committee for the remainder of 2024. BACKGROUND/ANALYSIS: The City Council approved the 2024 Board, Committee, and Commission Council Liaison Assignments on December 14, 2023, where Councilmember Kelly was assigned to the Cultural Resource Preservation Committee along with the Sunline Transit Agency Board. These two Committees meet simultaneously the fourth Wednesday of each month at 9 a.m. Due to the scheduling conflict, it is recommended that Mayor Pro Tem Harnik be appointed to the Cultural Resource Preservation Committee for the remainder of the year. Legal Review: This report has been reviewed by the City Attorney’s office. FINANCIAL IMPACT: There is no financial impact associated with this action. ATTACHMENTS: 1. Updated 2024 Council Assignments and Appointments Roster Page 41 of 209 Page 42 of 209 2024 City Council Liaison Assignments GROUP 2024 PROPOSED ATTENDEE(S) 2024 PROPOSED ALTERNATE(S)STAFF LIAISON MEETING DAY/TIME/LOCATION Annexation/Two x Two North Sphere -Merged (Mayor & MPT)Quintanilla,Harnik Nestande, Councilmembers Richard/Rosie As needed C V W D Water Issues 2x2 Committee (“H202")Kelly,Nestande Harnik, Councilmembers Martin As scheduled Cal Cities Annual Conf. - Voting Delegate & Alternate Trubee Quintanilla, Councilmembers Anthony October 16-18, 2024 California Joint Powers Ins. Authority Trubee Rsk Mgr/City Treas/Council Amber 4th Wed. - 5:30 p.m., CJPIA Ofc., LaPalma Chamber of Commerce Bd. of Directors Quintanilla Nestande, Councilmembers Eric 4th Tuesday - 7:30 a.m., Chamber Ofc. Children’s Discovery Museum of the Desert Trubee Nestande, Councilmembers Veronica 2nd Wednesday - 4:00 p.m. City Selection Committee Quintanilla Kelly, Councilmembers Anthony As needed Civic Engagement Committee (Palm Desert-2 Cncl)Quintanilla, Kelly Trubee, Councilmembers Ryland 3rd Tuesday, quarterly (Jan., April, July, Oct.) Coachella Valley Animal Campus Quintanilla Trubee/Councilmembers Richard/Pedro Quarterly 1st Thursday - 9:30 a.m. Coachella Valley Economic Partnership Bd. of Dir. (CVEP)Amy Lawrence Eric Ceja Amy/Eric 3rd Wednesday - 8:00 a.m. Coachella Valley Mountains Conservancy Trubee Kelly/Councilmembers Martin Bimonthly 2nd Monday - 3:00 p.m. Cove Communities Public Safety Cmssn. (2-Cncl.)Quintanilla,Trubee Nestande, Councilmembers Chris As scheduled Cultural Arts Committee (Palm Desert)Quintanilla Nestande, Councilmembers Erica/Amy 2nd Wednesday - 9:00 a.m., DSCR Cultural Resources Preservation Committee (Palm Desert)Harnik Quintanilla, Councilmembers Richard/Rosie 4th Wednesday- 9:00 a.m. CVAG Energy & Sustainability Committee Nestande Trubee, Councilmembers Martin 2nd Thursday - 12:00 p.m. CVAG Executive Committee Kelly Harnik, Councilmembers Last Monday - 4:30 p.m. (Gen. Assy. 6/24/24, 6 pm) CVAG Homelessness Committee Kelly (Vote), Quintanilla Nestande, Councilmembers Chris 3rd Wednesday - 10:00 a.m. CVAG Personnel Committee (if applicable)Kelly Harnik, Councilmembers Andrea As needed - Last Monday CVAG Public Safety Committee Quintanilla Trubee, Councilmembers Chris 2nd Monday - 9:00 a.m. CVAG Transportation Committee Harnik Kelly, Councilmembers Maritn 1st Monday - 10:00 a.m. CVAG-Coachella Valley Conservation Commission Trubee Kelly, Councilmembers Martin 2nd Thursday - 10:30 a.m. CVAG Desert Community Energy Board Veronica Chavez Kelly, Councilmembers Chris 3rd Monday - CVAG Office - 2:30 p.m. (Dec-Dark) Desert Willow President’s Committee Harnik Kelly, Councilmembers Veronica/John 3rd Tuesday - 10:00 a.m. El Paseo Business Improvement District Board (Palm Desert)Harnik Nestande, Councilmembers Thomas 3rd Thursday - 8:00 a.m., ACR Finance Committee (Palm Desert) (Mayor & MPT)Quintanilla, Harnik Kelly, Councilmembers Veronica Bimonthly 4th Tuesday - 10:00 a.m., NWCR Historical Society (Palm Desert)Kelly Nestande, Councilmembers Richard/Rosie 3rd Tuesday - 5:30 p.m. Homelessness Taskforce (Palm Desert)Kelly, Quintanilla Nestande, Councilmembers Jason Austin Bimonthly 1st Monday - 9:00 a.m., North Wing Housing Commission (Palm Desert) Kelly Quintanilla, Councilmembers Jessica 2nd Wednesday - 3:30 p.m., NWCR Joslyn Center Board of Directors Liaison Kelly Harnik/Councilmembers Jason Austin 4th Tuesday - 4:00 p.m. Library Taskforce (Palm Desert)/Desert Library Zoning Com.Trubee, Harnik Nestande, Councilmembers Gary/Chris As needed Living Desert Board of Trustees Advisory Council (Mayor as rotating position)Quintanilla Kelly, Councilmembers Martin 4th Friday - 12:00 p.m. - 3 meetings/year - January, April, November Marketing Committee Harnik, Quintanilla Kelly,Councilmembers Thomas Bimonthly-1st Tues. - 3:00 p.m., ACR McCallum Theatre Education Policy Committee Quintanilla Nestande/Councilmembers Jan, March May, 3pm - 4:30pm Outside Agency Fundg. Cmte.(PD) (Mayor & MPT)Quintanilla, Harnik Kelly, Councilmembers Veronica As needed Palm Desert Recreational Facils. Corp.Nestande Trubee, Councilmembers Veronica 2nd Monday in June, C/M Office Palm Desert Sister Cities Foundation Quintanilla Kelly, Councilmembers Luis Monthly - 2nd Tues. - 3:00 p.m., NWCR Parks & Recreation Commission (Palm Desert)Trubee Nestande, Councilmembers Kevin Swartz/Shawn Muir 1st Tuesday - 8:30 a.m., ACR Public Safety Commission (Palm Desert)Trubee Quintanilla, Councilmembers Chris 2nd Tuesday - 3:30 p.m., ACR G:\CityClrk\Erika Castellano\Council\BCC Assignments\Council Assignments 2024 Page 43 of 209 2024 City Council Liaison Assignments Regional Access Project (RAP) Foundation Board of Directors Quintanilla Trubee, Councilmembers Veronica 4th Wednesday - 9:00 a.m. Resource Preservation and Enhancement Committee Harnik Trubee, Councilmembers Amy/Luis Quarterly – 3:00 p.m., ACR Riverside County Overlay Zone Kelly Harnik, Councilmembers As needed Riverside County Transportation Commissn Harnik Kelly, Councilmembers Martin 2nd Wednesday - 9:30 a.m. SCAG (So. Cal. Assn. of Govts.) Gen. Assy. Deleg. Kelly Trubee, Councilmembers Martin/Randy Chavez Regional Conf. & Gen. Assy. SunLine Transit Agency Board Kelly Harnik, Councilmembers Martin 4th Wednesday - 12:00 p.m. Two x Two Committee (City Council & DSUSD Board)Quintanilla, Nestande Harnik, Councilmembers Todd As needed University Planning and Development Committee Quintanilla, Harnik Kelly, Councilmembers Eric Quarterly Visit Greater Palm Springs Harnik Quintanilla, Councilmembers Thomas 3rd Friday - 8:00 a.m. Y M C A Board Liaison (Ex-Officio)Trubee Nestande, Councilmembers Martin 3rd Thursday - Noon Where "Councilmember" is noted as an Alternate option, Primary Attendee(s) may designate another Cncl. Alternate on a case-by-base basis throughout the year when the assigned alternate is not available. G:\CityClrk\Erika Castellano\Council\BCC Assignments\Council Assignments 2024 Page 44 of 209 2024 Ad Hoc Subcommittees Meetings scheduled as needed Ad Hoc Subcommittee 2024 Proposed Attendee 2024 Proposed Alternate Contact Participant s Department Status 4th Fire Station Planning Subcommittee Harnik, Nestande Kelly Chris Escobedo/Veronica Chavez Administrative Services Active Transportation Program (ATP) Project Comm Harnik, Kelly Trubee Martin Alvarez Community Dev Affordable Housing Policy Subcommittee Harnik, Kelly Quintanilla Jessica Gonzalez Community Dev Cannabis Regulation Subcommittee Quintanilla, Trubee Nestande Richard Cannone Community Dev Committee/Commission Review Subcommittee Kelly, Harnik Quintanilla Anthony Mejia City Manager Downtown Zoning Subcommittee Kelly, Quintanilla Richard Cannone Development Services Economic Development Subcommittee Harnik, Nestande Quintanilla Eric Ceja Economic Dev Jacqueline Cochran Regnl Airport Auth. [Thermal]Harnik Trubee Veronica Chavez Finance Legislative Committee Mayor/MPT Kelly Todd Hileman/Anthony Mejia City Manager Library Subcommittee Harnik, Trubee Nestande Chris Escobedo City Manager Litigation Subcommittee Kelly, Quintanilla Harnik City Manager BBK, Eric C City Manager Palm Desert Aquatic Center Subcommittee Harnik, Trubee Nestande Shawn Muir Public Works Palm Desert iHUB Harnik, Quintanilla Kelly Eric Ceja Economic Dev Palm Desert-Rancho Mirage Corridor Cmte. (Mayor)Quintanilla Todd Hileman/Anthony Mejia City Manager Santa Rosa & San Jacinto Mtns. Natl. Monmt. Cmte.Trubee Nestande Martin Alvarez Community Dev Seasonal Lighting and Décor Committee Harnik, Trubee Nestande Martin Alvarez/Randy Chavez Public Works Short Tem Rentals Subcommittee Kelly, Trubee Richard Cannone Development Services Utility Underground Subcommittee Harnik, Trubee Kelly Martin Alvarez Public Works Page 45 of 209 Page 46 of 209 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: January 25, 2024 PREPARED BY: Gary Shaffer, Director of Library Services REQUEST: APPROPRIATE FUNDS TO COVER COSTS ASSOCIATED WITH VARIOUS NECESSARY LIBRARY IMPROVEMENTS RECOMMENDATION: Authorize Director of Finance to appropriate funds to Account No. 4524136-4400100 in the amount of $692,000. BACKGROUND/ANALYSIS: The City is taking over local library services from the County of Riverside and its library operator LSS, beginning July 1, 2024. While plans are underway to construct a new library, library services will need to be proffered from the existing facility loc ated on the College of the Desert campus. In order to prepare the space, the City’s Library Task Force requests that City staff conduct a light refresh of the space to include new paint, some new carpet, along with new furniture, fixtures, and equipment. Much, if not all the new furniture and equipment will be able to be relocated to the new facility once open. To conduct this refresh, City staff recommends an appropriation from available fund balance in the Library Improvement Fund. Legal Review: This report has been reviewed by the City Attorney’s office. FINANCIAL IMPACT: The current fund balance available in the Library Improvement Fund is $692,000, therefore staff is requesting an appropriation to Account No. 4524136 -440100 for the full amount. Page 47 of 209 Page 48 of 209 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: January 25, 2024 PREPARED BY: Amy Lawrence, Deputy Director of Economic Development REQUEST: ADOPT RESOLUTION UPDATING COMMUNITY EVENT SPONSORSHIP GUIDELINES RECOMMENDATION: Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, UPDATING THE COMMUNITY EVENT SPONSORSHIP POLICY.” BACKGROUND/ANALYSIS: The City of Palm Desert provides annual funding to qualified organizations and individuals that organize community events that encourage civic engagement, celebrate cultural diversity, stimulate tourism, drive economic vitality, and uphold public health an d sustainability. Per the policy, a community event is defined as a local celebration, fundraiser, athletic, cultural, or educational activity designed to attract a public audience which benefits the residents and visitors of Palm Desert. (i.e., festival, walk, run, fashion show, concert, parade, breakfast, luncheon, dinner, etc.) The program guidelines were most recently updated in 2022. In keeping with the City’s goals to improve efficiency and accountability utilizing best practices, additional revision s are being suggested at this time. The most notable suggested revision is to the funding timeline. Our goal is to make the process fair and consistent with the Outside Agency Funding Program in that organizations and individuals will only be eligible for funding awarded during adoption of the fiscal year budget, i.e., there will no longer be miscellaneous review and consideration of requests for funding throughout the fiscal year, with the exception of table sponsorships. Below summarizes the additional suggested changes: 1. Removes specific department language throughout. 2. Clearly identifies ineligible organizations and activities. 3. Removes the “Appeal Process” to be consistent with the Outside Agency Funding Program. These changes will provide clarity to the organizations and individuals applying for community event sponsorship funding and will make the process consistent with the City’s Outside Agency Funding Program. Legal Review: This report has been reviewed by the City Attorney’s office. Page 49 of 209 City of Palm Desert Update to Community Event Sponsorship Guideleines Page 2 of 2 FINANCIAL IMPACT: There is no direct financial impact with this action. ATTACHMENTS: 1. Resolution 2. 2024 Community Event Sponsorship Guidelines 3. Redline Version of 2022 Guidelines Page 50 of 209 RESOLUTION NO. 2024-_____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, UPDATING THE COMMUNITY EVENT SPONSORSHIP POLICY WHEREAS, the City of Palm Desert (“City”) receives many requests from groups and organizations for community event sponsorships; and WHEREAS, the City Council of the City of Palm Desert (“City Council”) has established a Community Event Sponsorship Policy (“Policy”) to guide staff in their review and administration of such sponsorship requests; and WHEREAS, the City Council desires to update the Policy and make it more consistent with the City’s Outside Agency Funding Program Guidelines. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: SECTION 1. Incorporation of Recitals. The City Council finds and determines that the recitals of this Resolution are true and correct and are hereby incorporated into this Resolution as though fully set forth herein. SECTION 2. Community Event Sponsorship Policy. The City Council hereby approves and adopts the updated Community Event Sponsorship Policy, as attached hereto as Exhibit “A”. SECTION 3. Severability. If any section or provision of this Resolution is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Resolution shall remain valid. The City Council hereby declares that it would have adopted this Resolution, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. SECTION 4. Effective Date. This Resolution shall take effect immediately upon its adoption. /// /// Page 51 of 209 Resolution No. 2024-____ Page 2 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on this 25th day of January, 2024. KARINA QUINTANILLA, MAYOR ATTEST: ANTHONY J. MEJIA, CITY CLERK Page 52 of 209 Resolution No. 2024-____ Page 3 I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2024-__ 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 o n January 25, 2024, 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 53 of 209 Resolution No. 2024-____ Page 4 Exhibit “A” Community Event Sponsorship Policy Page 54 of 209 CITY OF PALM DESERT ADMINISTRATIVE PROCEDURES Subject Community Event Sponsorship Policy Policy No. CMGR-002 Date Issued: January 25, 2024 Approved by Resolution No. 2024 -___ I. PURPOSE The City of Palm Desert’s Community Event Sponsorship Policy (“Policy”) establishes guidelines for disbursement of funds approved by City Council, as well as in-kind services, to sponsor community events produced by qualified organizations. This Policy aims to foster a vibrant community by supporting events that encourage civic engagement, celebrate cultural diversity, stimulate tourism, drive economic vitality, and uphold public health and sustainability. By concentrating resources on diverse events that resonate with the City’s character, this Policy supports Palm Desert’s identity as a vibrant locale for residents and a premier destination for visitors. II. SCOPE A. This policy applies to all City sponsorship support of external community events where the City provides funds to an outside organization. This policy does not apply to table sponsorship requests, nor does it apply to the third-party sponsorships of City produced events. B. The granting of City funds or in-kind support is evaluated based on the proposed community event’s impact on the community. Special attention is paid to sponsorships that promote Palm Desert’s attractiveness as a place to visit and/or live, celebrate the heritage of the City and its environs, and enrich the character and quality of life of its residents and visitors. C. The City is under no obligation to approve a requested sponsorship. The City Council and City Manager reserve the right to deviate from the policy and criteria contained herein when they believe it is the City’s best interest to do so. III. DEFINITIONS A. “Applicant” means an organization or individual applying for a community event sponsorship under this Policy. B. “Community Event” means an occurrence of a local celebration, fundraiser, athletic, cultural, or educational activity designed to attract a public audience which benefits the residents and visitors of Palm Desert. (i.e., festival, walk, run, fashion show, concert, parade, breakfast, luncheon, dinner, etc.) Page 55 of 209 Community Event Sponsorship Policy Updated January 25, 2024 Page 2 of 5 C. “Community Sponsorship Subcommittee” is comprised of the Mayor and Mayor Pro Tem, City Manager, Director of Finance, and the City Manager’s designee(s) overseeing community event sponsorships. D. “Outside Agency” means a nonprofit organization that may be eligible to receive City funding and support to offer programs and services benefiting the City’s residents and visitors under guidelines and accountability measures implemented by the City’s Outside Agency/Charitable Contributions Committee. E. “Recipient” means an organization or individual that is awarded a community event sponsorship under this Policy. F. “Sponsorship” means any financial or in-kind support from the City (i.e., City staff time, public safety services, use of City facilities or property, permit fees, etc.) to the organizing agency that helps offset the costs of the event operations. G. “Sponsorship Agreement” means a binding agreement between the City and an organization or individual to pay a fee, provide services, share products or any combination thereof, including advertising and promotional opportunities between the City and an organization or individual. H. “Table Sponsorship” means a City sponsorship to cover the cost of a table at a non-City event allowing a group of individuals, often representing the City or involved in City-related initiatives, to attend the event without incurring individual expenses. IV. GENERAL REQUIREMENTS, ELIGIBILITY CRITERIA, AND CONDITIONS A. Failure to comply with this Policy, including misuse of funds, may result in the forfeiture of funds and disqualification from future requests. B. All applicants must submit a community event sponsorship application. Applications must be complete in order to be accepted. Applications must: 1. Describe the organization’s purpose, years of operation, leadership team, and financial stability; 2. Include the estimated number of people that will attend the community event; 3. Describe the community event and explain how it benefits Palm Desert residents and visitors; 4. Indicate whether Applicant has received any or will apply for other sponsorships or sources of funding for the community event, and if so, which ones; and 5. Provide additional information as requested by staff to evaluate compliance with this Policy. C. Due to limited resources, not all community event sponsorship requests are funded. The number of community events that the City sponsors varies annually. The City will evaluate each request based upon available funds, satisfaction of the eligibility criteria, and compliance with the application requirements set forth below. Page 56 of 209 Community Event Sponsorship Policy Updated January 25, 2024 Page 3 of 5 D. Applicants for community event sponsorships must meet all the following requirements, eligibility criteria, and conditions: 1. Applicants must independently conduct the community event or collaborate with another organization to be eligible to receive a sponsorship. 2. The community event must take place within Palm Desert city limits, with limited exceptions. Reason(s) for not holding the proposed event within Palm Desert city limits must be stated on the application. Exemption from this requirement will be provided on a case-by-case basis and will favor activity promoting the City of Palm Desert as a desirable place to live, visit, and do business. 3. Applicants agree to submit a Special Events Application/Agreement a minimum of 120 days prior to the event, or a Temporary Use Permit (TUP), if applicable. 4. Applicants agree to use sponsorship funds exclusively for the community event represented in the application. Said funds may not be used for venue costs, prizes, awards, salaries, salary reimbursements, or budget subsidy. 5. Recipients shall provide the City recognition as a sponsor in exchange for the sponsorship in a method consistent with other sponsors at the community event. In no event shall the recognition for the City's sponsorship be less than that provided to other sponsors who have contributed the same total financial or in-kind support. 6. Applicants are required to enter a sponsorship agreement with the City and provide a certificate of liability insurance or proof of self-insurance, if applicable. 7. Community event sponsorship applications are limited to one per year, per taxpayer identification number. 8. Sponsorships will be approved on a competitive basis and are not guaranteed. Applicants should be aware that they may not receive the full amount of the sponsorship requested. 9. Sponsorship approvals are made on an annual basis and shall be considered as a one-time approval. Approval for sponsorship in one year does not imply or guarantee that the City will approve sponsorship for the same event or organization in subsequent years. 10. An official post-community event evaluation form must be submitted to City staff within ninety (90) days following the conclusion of a sponsored community event. V. INELIGIBLE ORGANIZATIONS AND ACTIVITIES OR PROJECTS A. Examples of ineligible organizations or activities include, but are not limited to: 1. Any non-community event request, such as on-going programming or structured activities. (i.e., classes, performances, procedures, etc.) Page 57 of 209 Community Event Sponsorship Policy Updated January 25, 2024 Page 4 of 5 2. Private events or events that are not open to the general public. 3. Discriminatory activities such as those restricted based on a person’s race, religion, ethnicity, age, sex, gender, gender identity, gender expression, disability, sexual orientation, or economic status. 4. A political, politically affiliated, or political action organization or event or activity that promotes any political viewpoint, provides for a political purpose or causes participants to engage in or otherwise affiliate or express an endorsement of partisan political functions or activities. 5. An event or activity that promotes a religious purpose (as opposed to a secular purpose, such as promoting cultural heritage or community understanding). 6. A private individual for his/her own use. 7. Funds cannot be used for venue costs, prizes, awards, salaries, salary reimbursements, or budget subsidy. 8. Funds cannot be directly provided to specific individuals, nor may funds be constructively provided to specific individuals (e.g. using funds to pay for certain individuals to go to an event is not permitted.) By contrast, using funds to reduce the overall costs of an event is permitted. 9. An organization receiving Outside Agency funding concurrently (during the same fiscal year). 10. A K-12 school or school-related groups, as funding requests for schools and school- related groups shall be processed by the Outside Agency/Charitable Contributions Committee. B. No sponsorship shall be granted for community events or to organizations where a conflict of interest exists. Specifically, City officials, employees, or their immediate family members shall not receive sponsorship funding for events they are directly involved with or that may result in personal financial gain. In the event of a potential conflict of interest, officials and employees are required to disclose such conflicts and recuse themselves from any related sponsorship decisions. This provision serves to ensure that sponsorship decisions are made for the sole benefit of the community and are free from personal or private inte rest influences. VI. ASSESSMENT CRITERIA A. An applicant’s first sponsorship request may total no more than 50% of the community event budget (if sponsorship includes in-kind, value of the in-kind items may not equal more than 50% of the event budget). B. An applicant’s second or subsequent sponsorship request may total no more than 35% of the community event budget (if sponsorship includes in-kind, value of the in-kind items may not equal more than 35% of the event budget). Page 58 of 209 Community Event Sponsorship Policy Updated January 25, 2024 Page 5 of 5 C. Sponsorship requests for a 5K walk/run shall be eligible for a maximum sponsorship of $2,500. D. Special consideration will be given to registered local nonprofit corporations or local 501(c) organizations with tax-exempt status. Please note that requesting the allowed percentage does not ensure that the applicant will receive that percentage, or any, amount. No request is considered approved until it is approved by the City Council or City Manager. The City Council reserves the right to deviate from the criteria contained herein when it believes it is the City’s best interest to do so. VII. FUNDING TIMELINE The community event sponsorship application period will typically open in January. Once the application period opens, applicants will be required to submit applications by the posted deadline for events that will occur in the upcoming program year. A program year runs from July 1 through June 30. The community event for which a sponsorship is requested must occur in this timeframe. No sponsorship will be considered for any community event that falls outside of these dates. Organizations requesting funding after the application period closes may submit an application to the City Manager for special consideration. Sponsorships awarded in this circumstance are rare and are contingent upon (1) available funds remaining in the budget following disbursement to organizations compliant with this Policy’s annual deadline; and (2) a finding made by the City Manager that special circumstances prevented the Applicant from applying for a sponsorship by the required deadline and the community event could not occur the following year. VIII. ADMINISTRATION AND ENFORCEMENT OF POLICY 1. The City Council designates the City Manager to administer the Sponsorship Policy. This delegation is with the power of re-designation to appropriate staff. 2. The City Manager or her/his designee shall review all Sponsorship applications and determine compliance with this policy. 3. On an as needed basis, the City Manager or her/his designee may refer any community event sponsorship application directly to the City Council for approval or rejection with a majority vote. 4. Recipients must comply with all other applicable City, state, and federal laws and regulations. Page 59 of 209 Page 60 of 209 Page 2 of 7 CITY OF PALM DESERT ADMINISTRATIVE PROCEDURES Subject Community Event Sponsorship Policy Policy No. CMGR-002 Date Issued: April 28, 2022January 25, 2024 Approved by Resolution No. 2022-3124- Authored by Public Affairs I. PURPOSE A. The City of Palm Desert’s Community Event Sponsorship Policy (“Policy”)This policy establishes guidelines for disbursement of discretionary funds approved by City Council, as well as in-kind services, to sponsor community events produced by qualified organizations. This Policy aims to foster a vibrant community by supporting events that encourage civic engagement, celebrate cultural diversity, stimulate tourism, drive economic vitality, and uphold public health and sustainability. By concentrating resources on diverse events that resonate with the City’s character, this Policy supports Palm Desert’s identity as a vibrant locale for residents and a premier destination for visitors. The City recognizes that sponsorships play an important role in supporting our community, as well as to promote the tourism and economic development efforts of the City, nevertheless the City is committed to being a good steward of taxpayer money while supporting events. II. SCOPE A. This policy applies to all City sponsorship support of external community events where the City provides funds to an outside organization. This policy does not apply to table sponsorship requests, nor does it apply to the third -party sponsorships of City produced events. B. The granting of City funds or in-kind support is evaluated based on the proposed community event’s impact on the community. Special attention is paid to sponsorships that promote Palm Desert’s attractiveness as a place to visit and/or live, celebrate the heritage of the City and its environs, and enrich the character and quality of life of its residents and visitors. C. The City is under no obligation to approve a requested sponsorship. The City Council and City Manager reserve the right to deviate from the policy and criteria Page 61 of 209 Page 3 of 7 contained herein when they believe it is the City’s best interest to do so. III. DEFINITIONS A. “Applicant” means an organization or individual applying for a community event sponsorship under this Policy. B. “Community Event” means an occurrence of a local celebration, fundraiser, athletic, cultural, or educational activity designed to attract a public audience which benefits the residents and visitors of Palm Desert. (i.e., festival, walk, run, fashion show, concert, parade, breakfast, luncheon, dinner, etc.) C. “Community Sponsorship Subcommittee” is comprised of the Mayor and Mayor Pro Tem, City Manager, Director of Finance, and the City Manager’s designee(s) overseeing community event sponsorships. D. “Outside Agency” means a nonprofit organization that may be eligible to receive City funding and support to offer programs and services benefiting the City’s residents and visitors under guidelines nd accountability measures implemented by the City’s Outside Agency/Charitable Contributions Committee. E. “Recipient” means an organization or individual that is awarded a community event sponsorship under this Policy. A.F. “Sponsorship” means any financial or in-kind support from the City (i.e., City staff time, public safety services, use of City facilities or property, permit fees, etc.) to the organizing agency that helps offset the costs of the event operations. B.G. “Sponsorship Agreement” means a binding agreement between the City and a company, an organization, or individual to pay a fee, provide services, share products or any combination thereof, including advertising and promotional opportunities between the City and a company, an organization, or individual. C. “Event” means an occurrence of a local celebration, fundraiser, athletic, cultural, or educational activity designed to attract a public audience which benefits the residents and visitors of the City of Palm Desert. (i.e., walk, run, concert, parade, etc.) D. “Programs” means an on-going, set of structured activities. (i.e., classes, performances, or procedures, etc.) E. Outside Agency Funding is a grant program for non-profit, school, and community- based organizations, who provide for unmet needs and services that serve the City of Palm Desert and its residents. Page 62 of 209 Page 4 of 7 F.H. Table Sponsorship means a City sponsorship to cover the cost of a table at a non-City event allowing a group of individuals, often representing the City or involved in City- related initiatives, to attend the event without incurring individual expenses. means purchase of a table at a Local Event, excluding the individual purchase of tickets at the same table. G. “Community Sponsorship subcommittee” means the subcommittee is comprised of the Mayor and Mayor Pro Tem, the Director of Finance, the Public Affairs Manager and the Public Affairs Staff member overseeing Community Sponsorship and City Produced Events. IV. GENERAL REQUIREMENTS, ELIGIBILITY CRITERIA AND CONDITIONS A. Failure to comply with this Policy, including misuse of funds, may result in the forfeiture of funds and disqualification from future requests. B. All applicants must submit a community event sponsorship application. Applications must be complete in order to be accepted. Applications must: 1. Describe the organization’s purpose, years of operation, leadership team, and financial stability; 2. Include the estimated number of people that will attend the community event; 3. Describe the community event and explain how it benefits Palm Desert residents and visitors; 4. Indicate whether Applicant has received any or will apply for other sponsorships or sources of funding for the community event, and if so, which ones; and 5. Provide additional information as requested by staff to evaluate compliance with this Policy. C. Due to limited resources, not all special community event sponsorship requests are funded. The number of special community events that the City sponsors varies annually. The City will evaluate each request based upon available funds, satisfaction of the eligibility criteria, and compliance with the application requirements set forth below. D. Applicants for special community events sponsorships must meet all the following requirements, eligibility criteria, and conditions: 1. Applicants must independently conduct the community event or collaborate with another organization to be eligible to receive a sponsorship. 1. Applicants requesting event sponsorships in the amounts of $2,500 to $20,000 shall use the City’s community event sponsorship application. Page 63 of 209 Page 5 of 7 Incomplete applications will not be accepted. The City may require Page 64 of 209 Page 2 of 7 additional information, as necessary, to evaluate compliance with this policy. 2. Applicants requesting event sponsorships over $20,000 shall present their request to the Community Sponsorship subcommittee for recommendation, prior to presenting to City Council at a schedule Council Meeting. 3.2. Community Event and promotion must take place within Palm Desert city limits with limited exceptions. Reason(s) for not holding the proposed event or promotion in the City ofwithin Palm Desert city limits must be stated on the application. Exemption from this requirement will be provided on a case-by-case basis and will favor activity promoting the City of Palm Desert as a desirable place to live, visit and do business. 4.3. The Aapplicants must also submit agree to submit a Special Events Application/Agreement a minimum of 120 days prior to the event, or a Temporary Use Permit (TUP), if applicable. 5.4. The Aapplicants agrees to use the City’s sponsorship funds exclusively for the community event represented in its the application. Said funds are may not be used designated for venue costs, prizes, awards, salaries, or salary reimbursements, or budget subsidy. 6.5. The Rrecipients of sponsorship funds or in-kind services shall provide the City recognition as a sponsor in exchange for the funds or in-kind servicessponsorship in a method consistent with other sponsors at the community event. In no event shall the recognition for the City's funds or in-kind servicessponsorship be less than that provided to other sponsors who have contributed the same total financial or in-kind support. 7.6. The Aapplicants are required must be ready, willing, and able to enter a contractual sponsorship agreement for sponsorship with the City and provide a certificate of liability insurance or proof of self-insurance, if applicable. Please see Exhibit A. 8.7. Special Eevent sponsorship applications are limited to one per year, per taxpayer identification number. 9. Failure to hold event as depicted in application will result in forfeiture of sponsorship funds. 10.8. Sponsorships will be approved on a competitive basis and are not guaranteed. Applicants should be aware that they may not receive the full amount of the sponsorship requested. Page 65 of 209 Page 3 of 7 9. Sponsorship approvals are made on an annual basis and shall be considered as a one-time approval. Approval for sponsorship in one year does not imply or guarantee that the City will approve sponsorship for the same event or organization in subsequent years. 11. An official pPost- community eEvent eEvaluation form must be submitted to City staff within ninety (90) days following the conclusion of a sponsored community event. 12. Application and all supporting documents are to be submitted to the Public Affairs Division, City of Palm Desert, 73-510 Fred Waring Drive, Palm Desert, California 92260, to be considered for funding. Applications must be submitted a minimum of six months prior to event date. V. INELIGIBLE ORGANIZATIONS AND ACTIVITIES OR PROJECTS A. Examples of ineligible organizations or activities include, but are not limited to: 1. Any non-community event request, such as on-going programming or set of structured activities. (i.e., classes, performances, or procedures, etc. 2. Private events or events that are not open to the general public. 3. Discriminatory activities such as those restricted based on a person’s race, religion, ethnicity, age, sex, gender, gender identity, gender expression, disability, sexual orientation, or economic status. 4. A political, politically affiliated, or political action organization or event or activity that promotes any political viewpoint, provides for a political purpose or causes participants to engage in or otherwise affiliate or express an endorsement of partisan political functions or activities. 5. An event or activity that promotes a religious purpose (as opposed to a secular purpose, such as promoting cultural heritage or community understanding). 1. Any type of programing 2. An event or activity that promotes a political viewpoint, provides for a political purpose, or causes participants to engage in or otherwise affiliate or express an endorsement of partisan political functions or activities. 3.6. A private individual for his/her own use. 4. A political, politically affiliated, or political action organization. Page 66 of 209 Page 4 of 7 7. An organization receiving Outside Agency Funded Organizationsfunding, receiving funds concurrently (during the same fiscal year). 8. Funds cannot to be used for venue costs, prizes, awards, salaries, salary reimbursements, or budget subsidy. 9. Funds cannot be directly provided to specific individuals, nor may funds be constructively provided to specific individuals (e.g. using funds to pay for certain individuals to go to an event is not permitted.) By contrast, using funds to reduce the overall costs of an event is permitted. 10. A K-12 school or school-related groups, as funding requests for schools and school-related groups shall be processed by the Outside Agency/Charitable Contributions Committee. B. No sponsorship shall be granted for community events or to organizations where a conflict of interest exists. Specifically, City officials, employees, or their immediate family members shall not receive sponsorship funding for events they are directly involved with or that may result in personal financial gain. In the event of a potential conflict of interest, officials and employees are required to disclose such conflicts and recuse themselves from any related sponsorship decisions. This provision serves to ensure that sponsorship decisions are made for the sole benefit of the community and are free from personal or private interest influences. VI. ASSESSMENT CRITERIA A. Requests for donation, and/or sponsorship from schools or school-related groups shall be processed through Outside Agency Funding. B. Funds are not to be used for venue costs, salaries, prizes, and awards. C. Community Sponsorship funds are solely for sponsorship of Events (i.e., festivals, concerts, walks/runs, fashion shows, luncheon, etc.). Ongoing programming is not considered an Event and these requests will be redirected to Outside Agency. D.A. An applicant’s first sSponsorship request may total no more than for the inaugural year of an Event, the sponsorship request may not exceed 50% of the community eEvent budget (if sponsorship request includes in-kind, the value of the in-kind items may not exceed 50% of the eEvent budget). E.B. All otherAn applicant’s second or subsequent sponsorship requests beyond the inaugural year is may not exceed total no more than 35% of the community eEvent budget (if sponsorship request includes in-kind, the value of the in-kind items may not exceed 35% of the eEvent budget). Page 67 of 209 Page 5 of 7 F.C. Sponsorship request for a 5K walk/run shall be eligible for a maximum sponsorship of $2,500. G.D. Registered local nonprofit corporation or local 501(c) organization with tax- exempt status will be given priority funding consideration. Applicants are not guaranteed to receive the amount of funding requested or be funded at all. Requests will not be considered approved until it is approved by the City Council or City Manager, as appropriate. The City Council reserves the right to deviate from the criteria contained herein when they it believes it is the City’s best interest to do so. VII. FUNDING TIMELINE The community event sponsorship application period will typically open in January. Once the application period opens, applicants will be required to submit applications by the posted deadline for events that will occur in the upcoming program year. A program year runs from July 1 through June 30. The community event for which a sponsorship is requested must occur in this timeframe. No sponsorship will be considered for any community event that falls outside of these dates. Organizations requesting funding after the application period closes may submit an application to the City Manager for special consideration. Sponsorships awarded in this circumstance are rare and are contingent upon (1) available funds remaining in the budget following disbursement to organizations compliant with this Policy’s annual deadlines; and (2) a finding made by the City Manager that special circumstances prevented the Applicant from applying for a sponsorship by the required deadline and the community event could not occur the following year. A. The funding timeline/application reviews are outlined below (all dates are subject to change): B. Rounds 2, 3 and 4 will only take place as long as there is funding available in the Community Sponsorship budget, not already allocated during the 1 st Round. Applicants are strongly encouraged to submit sponsorship request applications during the 1st round in order to have a higher chance of receiving funding. C. 1st Round: December 1st – February 15th: Applications are due for the upcoming fiscal year. February: Applications are reviewed by the City’s Community Sponsorship/ Charitable Contributions Committee for their budget recommendation. March: Budget recommendations are submitted to the Finance Department. April: Applications are reviewed by the City Manager. May: City Council reviews the recommendations presented by the City’s Community Sponsorship / Charitable Contributions Committee and the City Page 68 of 209 Page 6 of 7 Manager at a public meeting. June: City Council approves selected applicants for funding in the upcoming fiscal year (4:00 p.m., Council Chamber) July: All applicants are contacted and advised of approved funding. Agreements are issued to successful applicants for funds available beginning July 1. Funds are issued a maximum of 60 days prior to the event and only upon approved insurance and a fully executed Sponsorship agreement. D. 2nd Round Deadline: June, 30th by 5pm Applications received after Feb. 15th, with requests under $7,500: Will be presented to the City’s Community Sponsorship / Charitable Contributions Committee for recommendation and then to City Manager: first week of August, for approval. Applications received after Feb. 15th, with requests over $7,500: Will be presented to the City’s Community Sponsorship / Charitable Contributions Committee for recommendation and then presented to the City Council: First Council meeting in August. E. 3rd Round Deadline: October 31st, by 5pm Applications received after June 30th, with requests under $7,500: Will be presented to the City’s Community Sponsorship / Charitable Contributions Committee for recommendation and then to City Manager: First week of December Applications received after June 30th, with requests over $7,500: Will be presented to the City’s Community Sponsorship / Charitable Contributions Committee for recommendation and then presented to the City Council: First Council Meeting in December. F. 4th Round Deadline: February 28th by 5pm Applications received after Oct. 27th, with requests under $7,500: Will be presented to the City’s Community Sponsorship / Charitable Contributions Committee for recommendation and then to City Manager: First week of April. Applications received after Oct. 27th, with requests over $7,500: Will be presented to the City’s Community Sponsorship / Charitable Contributions Committee for recommendation and then presented to the City Council: First Council Meeting in Page 69 of 209 Page 7 of 7 April. VIII. ADMINISTRATION AND ENFORCEMENT OF POLICY A. The City Council designates the City Manager to administer the Sponsorship Policy. This delegation is with the power of re-designation to appropriate staff. B. The City Manager or her/his designee shall review all Sponsorship applications and determine compliance with this policy. C. On an as needed basis, the City Manager or her/his designee may refer any controversial proposed sponsorship straight to the City Council for approval or rejection with a majority vote. D. Applicant must comply with all other applicable City, state and federal laws and regulations IX. APPEALS A. Applicants who have been denied sponsorship shall have ten (10) days from the date of the denial to request an appeal hearing with the entire City Council. The appeal request shall be in writing and submitted to the City Manager, or his/her designee. Within twenty (20) days of receiving the appeal request, the City Manager shall provide the appeal hearing at an upcoming City Council meeting. The entire City Council shall have the right to overrule the application denial, uphold the application denial, or take any other action deemed appropriate. By signing, I/we agree to the guidelines of the City of Palm Desert’s Community Event Sponsorship Policy. _____________________________________ Name of the Organization _____________________________________ Print Name/Title _____________________________________ ________________ Signature Date Page 70 of 209 Page 8 of 7 If you should have questions, please contact Vanessa Mager (vmager@cityofpalmdesert.org or 760-776-6425) Page 71 of 209 CONTRACT NO. Page 9 of 12 [MODEL - REMOVE THIS TITLE WHEN USED] SPONSORSHIP AGREEMENT This Sponsorship Agreement (“Agreement”) is entered into this day of , 20 , by and between the City of Palm Desert (“City”), a California public entity, and [***INSERT NAME OF COMPANY], a [INSERT TYPE OF BUSINESS, I.E., CORPORATION (INCLUDE STATE OF INCORPORATION), LIMITED LIABILITY COMPANY, SOLE PROPRIETORSHIP, ETC.], (“Consultant” or “Vendor”). The City and Consultant are sometimes collectively referred to in this Agreement as the “Parties” and individually referred to as “Party.” The Agreement is made in light of the following Recitals: RECITALS WHEREAS, Consultant wishes to produce an event entitled [***INSERT NAME OF EVENT***] WHEREAS, the City desires to sponsor the [***INSERT NAME OF EVENT***]. NOW, THEREFORE, in consideration of the mutual promises set forth herein, and in light of the above Recitals, which are hereby made a part of this Agreement, the Parties hereby agree as follows: AGREEMENT 1. Term: The Term of this Agreement shall commence on [***INSERT DATE***] to [***INSERT DATE***. 2. Responsibilities of the Parties: 2.1 Responsibilities of City: 2.1.1 The City shall sponsor the [***INSERT NAME OF EVENT***] to be held on [***INSERT DATE***]. 2.1.2 [***INSERT ADDITIONAL RESPONSIBLITIIES OF THE CITY***] 2.1.3 [***INSERT ADDITIONAL RESPONSIBLITIIES OF THE CITY ***] 2.2 Responsibilities of Consultant: 2.2.1 Consultant shall produce all aspects of the [***INSERT NAME OF EVENT***]. 2.2.2 Consultant shall provide sponsorship benefits to the City, as outlined in Exhibit B. 2.2.3 Consultant shall grant access to all photography and video taken during the event to cross promote on the City’s website. 2.2.4 Consultant will prominently feature City in advertising including social media, television, radio, and e-blasts. 2.2.5 Consultant will feature City in photo and video opportunities including signage. Page 72 of 209 CONTRACT NO. Page 10 of 12 3. Compensation: 3.1 The City shall pay Consultant a total of [***INSERT AMOUNT WRITTEN OUT***] ($[***INSERT NUMBER***]) upon final approval of insurance documents by the City. 4. Remedies and Termination: 4.1 Remedies: The Parties agree to provide each other with written notice of nonperformance, unsatisfactory performance, or any other dispute arising from the terms of this Agreement within ten (10) days of the deficiency or dispute being identified. The Parties shall have thirty (30) days from receipt of said written notice to correct any performance deficiencies. The Parties may mutually agree to extend the thirty (30) day cure period. The Parties agree to cooperate in good faith to resolve any performance issues or dispute arising from this Agreement. Either Party in its sole and absolute discretion may waive a default that cannot be cured. 4.2 Termination: In the event any dispute cannot be resolved under these procedures, each Party retains such legal and equitable remedies as it may have under the law to enforce this Agreement. If either Party defaults under this Agreement and does not timely cure such default, the non-defaulting Party may terminate this Agreement upon providing written notice of termination of this Agreement to the defaulting Party, in which case this Agreement shall terminate. 4.3 Termination without cause: Either Party may terminate this Agreement upon at least thirty (30) days prior written notice to the other Party. If Consultant terminates this Agreement, pursuant to this Section 4.3, the City shall be entitled to a pro rata refund of any prepaid amounts. 5. Insurance: [***CITY RISK MANAGER TO REVIEW PRIOR TO EACH USE IN CASE OTHER COVERAGE IS NEEDED (E.G. CYBER LIABILITY, ETC.)***] Without limiting Consultant’s indemnification of City, and prior to commencement of Work, 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. 5.1 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. 5.2 Automobile Liability Insurance: (***IF APPLICABLE-CHECK WITH RISK Page 73 of 209 CONTRACT NO. Page 11 of 12 MANAGER. ENTER [Reserved], IF NOT APPLICABLE) 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 Manager may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this agreement. 5.3 Workers’ Compensation Insurance: (***IF APPLICABLE-CHECK WITH RISK MANAGER. ENTER [Reserved], IF NOT APPLICABLE) 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 of Palm Desert, its officers, agents, employees and volunteers. 5.4 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. 5.5 Liquor Liability Insurance: (***IF APPLICABLE-CHECK WITH RISK MANAGER. ENTER [Reserved], IF NOT APPLICABLE) Vendor shall provide liquor liability insurance with a limit of no less than $1,000,000 per occurrence. 5.6 Aviation Liability Insurance: (***IF APPLICABLE-CHECK WITH RISK MANAGER. ENTER [Reserved], IF NOT APPLICABLE) Consultant shall procure and maintain for the duration of the contract insurance against claims for Page 74 of 209 CONTRACT NO. Page 12 of 12 injuries to persons or damage to property which may arise from or in connection with the ownership, maintenance or use of Unmanned Aerial Vehicles (UAVs) by Consultant’s officers, officials, employees, subcontractors, or volunteers. If an UAV is used as part of an event, aviation liability insurance shall be required on an “occurrence” basis, including property damage and bodily injury with limits no less than $1,000,000 per occurrence, and $2,000,000 in the aggregate. This coverage may also be provided by endorsement to a Commercial General Liability policy. City shall be named additional insured on the policy. OTHER PROVISIONS OR REQUIREMENTS 5.7 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 contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 5.8 Duration of Coverage: Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his/her agents, representatives, employees or subconsultants. 5.9 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. 5.10 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 cancel this Agreement. 5.11 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 Page 75 of 209 CONTRACT NO. Page 13 of 12 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. 5.12 Waiver of Subrogation: All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow 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 of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers and shall require similar written express waivers and insurance clauses from each of its subcontractors. 5.13 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. 5.14 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. 5.15 Notice of Cancellation: Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. 5.16 Additional Insured Status: General liability, automobile liability, and if applicable, liquor liability, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City of Palm Desert and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. 5.17 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. Page 76 of 209 CONTRACT NO. Page 14 of 12 5.18 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. 5.19 Pass Through Clause: Consultant agrees to ensure that its sub-consultants, sub- contractors, and any other party involved with the project who is brought onto or involved in the project by 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 consultants, subcontractors, and others engaged in the project will be submitted to City for review. 5.20 City’s Right to Revise Specifications: The City or its Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial 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. 5.21 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. 5.22 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. 5.23 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 Work. 5.24 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. Safety precautions, where applicable, shall Page 77 of 209 CONTRACT NO. Page 15 of 12 include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 6. Indemnification: 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, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s services or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. 7. 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 under this Agreement are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, 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, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 8. Force Majeure: Any delay or failure in the performance by either Party hereunder shall be excused if and to the extent caused by occurrence of a Force Page 78 of 209 CONTRACT NO. Page 16 of 12 Majeure Event. A Force Majeure Event shall mean a cause or event that is beyond the reasonable control of the Party claiming a Force Majeure Event. Force Majeure Events include, but are not limited to, acts of God, fires, floods, rain, heavy wind, earthquake, explosions, riots, wars, sabotage, terrorism, vandalism, accident, restraint of government, governmental act, injunctions, destruction of site, pandemics, epidemics, and other like events. In the event City has advanced funds for the sponsorship to the extent not utilized directly for the event, any unused portion shall be returned 9. Notices: Whenever it shall be necessary for either Party to serve notice on the other regarding this Agreement, such notice shall be served either in person, by certified mail, return receipt requested to the addresses below. Consultant: [INSERT BUSINESS NAME] [INSERT STREET ADDRESS] [INSERT CITY STATE ZIP] ATTN: [INSERT NAME AND TITLE] City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attn: [INSERT NAME AND TITLE] Such notice shall be deemed made when personally delivered or when mailed, forty- eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 10. Legal Costs: In the event of any legal action between the City and Consultant arising out of the obligations of the Parties pursuant to this agreement, the prevailing Party will be entitled to payment of its costs and expenses, including its reasonable attorneys' fees. 11. Binding Effect; Successors: Neither Party shall assign or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the other Party, which may be given in such Party's sole and absolute discretion. Any attempt to do so shall be null and void, and any assignees or transferees shall acquire no right or interest by reason of such attempted assignment or transfer. This Agreement shall bind and inure to the benefit of the Parties and their respective heirs, legal representatives, successors and assigns and all of the Parties thereto shall be jointly and severally liable hereunder. 12. Counterparts: This Agreement may be executed in counterparts each of which shall be deemed an original and all of which together shall constitute one and the same instrument which shall be binding upon the Parties notwithstanding that the Parties may not be signatories to the same counterpart or counterparts. The Page 79 of 209 CONTRACT NO. Page 17 of 12 Parties may integrate their respective counterparts by attaching the signature pages of each separate counterpart to a single counterpart. 13. Further Assurances: Whenever requested to do so by the other Party, each Party shall execute, acknowledge, and deliver any further conveyances, assignments, confirmations, satisfactions, releases, powers of attorney, instruments of further assurance, approvals, consents, and any documents that are necessary, expedient, or proper to complete anything contemplated by this Agreement. In addition, each Party shall do any other acts and execute, acknowledge, and deliver any requested documents in order to carry out the intent and purpose of this Agreement. 14. Modifications: All modifications to this Agreement must be in writing and signed by the Parties. 15. Third-Party Rights: Nothing in this Agreement, express or implied, is intended to confer upon any person, other than the Parties and their respective successors and assigns, any rights or remedies. 16. Governing Law; Choice of Venue: This Agreement shall be governed and construed in accordance with California law, including the Fair Political Practices Act of 1974. Venue shall be Riverside County, California. 17. Severability: If any provision of this Agreement becomes or is declared by a court to be illegal, unenforceable or void, that clause will be omitted, and the remainder of the Agreement will continue in full force and effect. Such holding shall in no way affect the validity or enforceability of this Agreement. 18. Entire Agreement: This Agreement is the entire agreement between the Parties and supersedes any prior or contemporaneous representations, understandings, or agreements, whether written or oral. [SIGNATURES ON NEXT PAGE] Page 80 of 209 CONTRACT NO. Page 18 of 12 SIGNATURE PAGE TO SPONSORSHIP AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND [***INSERT NAME***] 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 [***INSERT NAME OF CONSULTANT***] [***INSERT NAME OF LEGAL ENTITY***] ______________________________ PRESIDENT OR VICE PRESIDENT AND L. TODD. HILEMAN CITY MANAGER ATTEST: ______________________ ANTHONY J. MEJIA CITY CLERK APPROVED AS TO FORM: SECRETARY OR TREASURER REQUIRED] [IF CORPORATION, TWO SIGNATURES, By By: Its: Printed Name: [DELETE THE FOLLOWING SIGNATURE LINE AND SECOND NOTARY ACKNOWLEDGEMENT IF SECOND SIGNATURE NOT REQUIRED] By: ______________________ Best Best & Krieger LLP CITY ATTORNEY Its: Printed Name: _____________________ Page 81 of 209 CONTRACT NO. Page 19 of 12 EXHIBIT "A" SCOPE OF SERVICES [Description of Event] Page 82 of 209 CONTRACT NO. Page 20 of 12 EXHIBIT "B" SCHEDULE OF SERVICES [Sponsorship Benefits] Page 83 of 209 Page 84 of 209 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: January 25, 2024 PREPARED BY: Veronica Chavez, Director of Finance REQUEST: RESOLUTION UPDATING OUTSIDE AGENCY FUNDING PROGRAM GUIDELINES RECOMMENDATION: Adpopt a resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, UPDATING THE OUTSIDE AGENCY FUNDING PROGRAM GUIDELINES.” BACKGROUND/ANALYSIS: The City of Palm Desert’s Outside Agency Funding Program provides annual grants to non - profits, schools, and community-based organizations that deliver some of the unmet needs and services that serve the City of Palm Desert and its residents. The program guidelines were most recently updated in 2019. In keeping with the City’s goals to improve efficiency and accountability utilizing best practices, additional revisions are being suggested at this time. Below lists the summarized suggested changes: 1. Simplify program name to Outside Agency Funding Program. 2. Adds clarifying information to definition of “Completed Application.” 3. Clarifies requirement for follow up documentation on outcomes and reporting. 4. Clarifies what types of uses funds may or may not be used for in order to qualify. 5. Defines what a “special circumstance” is in relation to exception to the application period. Each of these changes provides for full program application transparency to the community and organizations interested in applying for grant funds. Legal Review: This report has been reviewed by the City Attorney’s office. FINANCIAL IMPACT: There is no direct financial impact with this action. ATTACHMENTS: 1. Resolution 2. 2024 Outside Agency Program Guidelines 3. Redline Version of 2019 Guidelines Page 85 of 209 Page 86 of 209 RESOLUTION NO. 2024-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, UPDATING THE OUTSDIE AGENCY/ FUNDING PROGRAM GUIDELINES. WHEREAS, the City of Palm Desert (“City”) receives many requests from citizens, groups and agencies for charitable, public benefit, public welfare and educational contributions; and WHEREAS, the City is constrained by applicable law regarding the donation of public funds; and WHEREAS, a Committee was established in the early history of the City to review such requests; and WHEREAS, the City Council of the City of Palm Desert desires to maintain the review committee to advise the City Council regarding considerat ion of program funding for local agencies to be known as the “Outside Agency Funding Committee”; and WHEREAS, the current Committee is comprised of the Mayor and Mayor Pro - Tempore or their designees, City Manager, City Attorney, and Finance Director; and WHEREAS, the City has established guidelines and procedures as set forth in Exhibit “A”; and WHEREAS, the City desires to update the adopted guidelines and procedures as set forth in Exhibit “A”. NOW, THEREFORE, BE IT RESOLVED by the City Council of th e City of Palm Desert, California, that the Outside Agency Funding Committee responsibilities are as follows: SECTION 1. Committee Members. There is hereby formalized by the City of Palm Desert the Outside Agencies / Charitable Contributions Committee consisting of the Mayor and Mayor Pro Tempore or their designees, City Manager, City Attorney, Finance Director, and a staff member appointed by the City Manager to represent volunteer organizations. The Finance Director serves as Chairman for Committee meetings. SECTION 2. Outside Agency / Charitable Contributions Committee Purpose. The Outside Agency Committee is responsible for reviewing all requests for funding received during its annual application window, which is typically in the first quarter of the year. The Committee shall evaluate each application and make recommendations to the City Council based on each organization’s benefit to the community and budget constraints, among other factors. The Committee also reviews Other Sponsorship Applications and Page 87 of 209 Resolution No. 2024-____ Page 2 Community Development Block Grant (CDBG) applications and provides its recommendations to Council. SECTION 3. Term of Office. There is no specific term of office, but Council members may be rotated annually at the discretion of the City Council. Staff shall remain on the Committee indefinitely. SECTION 4. Time and Place of Meetings. The regular meeting of the Committee may be on call of the Chairman of the Committee, and should be held between the Outside Agency application deadline and the beginning of the next fisc al year at a location to be determined by the Finance Director. ADOPTED ON ________________, 2024. KARINA QUINTANILLA MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK Page 88 of 209 Resolution No. 2024-____ Page 3 I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2024-__ 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 ___________________. ANTHONY J. MEJIA CITY CLERK Page 89 of 209 Page 90 of 209 1 DOCUMENT IS A DRAFT, PENDING APPROVAL 1.25.24 CITY OF PALM DESERT OUTSIDE AGENCY PROGRAM Outside Agency Program Guidelines (Revised January 25, 2024) FOCUS The Outside Agency Funding Program was designed to support organizations that further Palm Desert programs and services and assist residents in need of support.  Primary consideration is given to recognized nonprofit organizations that directly benefit Palm Desert residents.  Secondary consideration is given to recognized nonprofit organizations that indirectly affect the quality of life for the residents of Palm Desert.  Preference is given to those applicants meeting the health and human service needs of underserved populations. OBJECTIVES  Protection and improvement of the living environment for the residents of Palm Desert.  Assistance to low and moderate-income households and special population groups such as the elderly in meeting basic needs.  Enabling residents to increase or improve his/her capacity to successfully handle issues over the long-term without continuing public assistance. PRIORITIES Priority is given in the following order to programs, projects or services that: 1. Address basic living conditions of the residents of Palm Desert, which include food and shelter. 2. Improve an individual’s or household’s health, basic living conditions and capacity to be self- sufficient, which include health care and related transportation, seniors, children, and youth services. 3. Improve the livability of the community. While these requests may provide programs or services that are not of necessity, they do offer exposure to arts and culture, advocacy, historic places or events, animals, educational programs, or services related to employment or job training, and other programs or services deemed necessary to support community groups and organizations. Funding for certain events or activities that do not fall under the Special Programs umbrella may be considered on a case-by-case basis and must be open to the public (e.g. public park, inclusive event.) APPLICATION GUIDELINES FOR RECOGNIZED NON-PROFIT ORGANIZATIONS 1. Failure to comply with these Guidelines, including misuse of funds, may result in the termination of funding and disqualification from future grant cycles. Page 91 of 209 Guidelines for Application Review and Consideration Revised: January 25, 2024 2 2. This is a competitive grant process; all applications will be evaluated based on the merit of the program or project. Applications must be complete in order to be accepted. Applications must: A. Describe the organization’s purpose, years of operation, and leadership team; B. Include the estimated number of people that will be impacted by the use of the grant funds; C. Explain how the proposed use of grant funds aligns with community needs and the community benefit that will be achieved by the use of the grant funds; D. Describe project feasibility and the organization’s financial stability; E. Indicate whether the Applicant has received any other sources of funding for the proposed project. 3. The Applicant will agree to submit program outcomes and financial reports to the City regarding use of the funds upon request. 4. Requests for funds that will be re-granted by the organization in any way will not be considered. 5. Due to the competitive nature of the grant process, receiving time at the Finance Department will be the governing time for acceptance of applications. It is the responsibility of the Applicant to see that any material sent through the mail, in person, or by any other delivery method, will have sufficient time to be received by this specified date and time. Postmar ks will not be accepted in lieu of actual delivery. 6. Applicants must be able to demonstrate that they apply for and receive funding from other sources, governmental or otherwise, and are not relying solely on City support. If the service offered is unique to Palm Desert, special consideration may be provided. 7. Funding requests are for the period of July 1 through June 30 of the program year. The activity or service for which funds are requested must occur in this timeframe. No award will be considered for any part of the program or service that falls outside of these dates, unless otherwise authorized by the City Manager as provided below. 8. The Applicant requesting funds must be in existence for a minimum of five (5) years prior to the application deadline in order to be considered for funding by the Outside Agency Funding Committee. 9. The Applicant must be of verifiable non-profit status and presently providing charitable, public benefit, public welfare or educational services to persons residing in the City of Palm Desert (the “City”). 10. Organizations shall agree not to use grant funds for political lobbying or discriminatory activities. The funds must be used for activities which are open to the general public and not restricted based on a person’s race, religion, ethnicity, age, sex, gender, gender identity, gender expression, disability, sexual orientation, or economic status. 11. Funds must be used towards the activity described in the application. The grant funds cannot be directly provided to specific individuals , nor may the grant funds be constructively provided to specific individuals (e.g. Using grant funds to pay for certain individuals to go to an event is not permitted. By contrast, using grant funds to reduce the overall costs of an event is permitted.). Page 92 of 209 Guidelines for Application Review and Consideration Revised: January 25, 2024 3 12. Religious organizations are eligible to apply for grant funds, but the use of the grant funds cannot be devoted to a religious purpose. Instead, the grant funds must be used toward a secular purpose (e.g. cultural heritage; promote community knowledge and understanding). 13. The Applicant must have an existing program in place and a staff that is ready and willing to provide services to the City for the benefit of its residents. Funds will not be contributed to any agency or group for “startup” costs. 14. The City must have the desire to have the services as detailed in the Applicant’s application performed for the City and its residents by the agency or group. Priority is given to agencies providing a direct benefit to Palm Desert residents. 15. Organizations receiving a Community Development Block Grant (CDBG) or other City funding in the same period are typically not considered for Outside Agency funding. 16. Funds awarded to successful Applicants are for the purposes of providing a program or service to the City of Palm Desert, or its sphere of influence, to the extent possible. Said funds are not designated for capital purchases, equipment, or insuranc es of any kind, and cannot be used for salaries of employees on the payroll of the Applicant without prior approval of the City Council. 17. The Applicant agrees to use the funds granted by the City to provide only the services represented in its application for funding and listed on the Agreement between the Applicant and the City. 18. An Applicant is ineligible to receive funding for events or programs which it does not conduct itself or conduct in collaboration with another organization. 19. Where the Applicant received funding for the current fiscal year, all documents must be submitted and agreement terms complete prior to funding disbursement for the following fiscal year. 20. Organizations requesting funding after the deadline for the annual r eview has passed may submit an application to the City Manager for special consideration. Award of funds in this circumstance is rare, and is contingent upon (1) available funds remaining in the Outside Agency 21. Budget following disbursement to organizations compliant with the Committee’s annual deadlines, (2) a finding made by the City Manager that special circumstances prevented the Applicant from applying for grant funds by the required deadline and the event could not occur the following year. 22. Recreational fundraising events (i.e. golf tournaments, luncheon/dinner sponsorships and tickets, gala attendance and support) do not qualify for Outside Agency funding. 23. Emergency requests for contributions should be reviewed by the City Manager on a case - by- case basis to determine funding availability. 24. The City Manager may, after a request from an approved Outside Agency, consider a reallocation of the approved contribution provided such reallocation is consistent with the guidelines and the previously approved use. Page 93 of 209 Guidelines for Application Review and Consideration Revised: January 25, 2024 4 ADDITIONAL GUIDELINES FOR SCHOOL ORGANIZATIONS (PTOs) The City of Palm Desert may elect to award funding to a Parent Teacher Organization, Association, Parent Club, Foundation or other formal group (“PTO”) of a Palm Desert public school in an effort to enhance educational programs and improve the scholastic abilities of the student body as a whole, and to support the various booster clubs at the school. The City aims to support efforts furthering student accomplishments in the areas of Science, Technology, Engineering and Mathematics (STEM) as well as college preparation programs, and requires that the PTO be in good standing with the City relative to any and all previous grant applications and agreements. The City does not award funding for instruction, tuition or supervision of routine educational activities as these costs are not the responsibility of a municipality. Additionally, the City will direct any individual requests received from school clubs (boosters, dance, cheer, robotics, etc.) during the funded year back to the PTO for their consideration and recommend they submit a request to their PTO for inclusion in the upcoming application year. The City encourages the PTO to fundraise and support specialty programs for overall student enhancement as they see fit. The City has focused its interest in providing a charitable contribution to specific areas the City regards as beneficial to a majority of students. Examples of Acceptable Expenditures  Math and science-oriented computer software programs (e.g. TurnItIn, StateStandards)  Odyssey of the Mind, SAT preparation and AP testing fee reimbursement  Tutoring and scholastic reading programs and materials (does not include tutor compensation)  Bully-, drug-, and gang-prevention programs and assemblies  Curriculum -based assemblies (authors, demonstrations)  Educational, curriculum -based field trip admission and transportation for students only o Examples of educational field trips: Living Desert, Riley’s Farm, Museum of Tolerance, Coachella Valley Water District. Show how the trip relates to the curriculum and follow up with student reports on what was learned. o Examples of non-educational field trips: Disneyland, SeaWorld, Knott’s Berry Farm o Transportation costs for approved travel should be reasonable such as school bus or coach. Limousines or other modes of transportation not regularly provided for school use are not reimbursable. Any other expenditure requests not specifically listed must be submitted and discussed during the application process to determine if they would qualify for reimbursement. Any adjustments are at the discretion of the City Manager. Examples of Discouraged Expenditures  Awards assemblies and supplies (i.e. student of the month and improvement awards)  Tuition, salary, or supervision expenses  Supplemental classroom materials or library supplies  Capital equipment or hardware such as computers, laptops, televisions or projector screens  Culinary, photography, or other specialty programs  Reward or social parties (i.e. pizza party, ice-cream social)  Food, drinks, snacks of any kind for any meetings or activities  School dance, promotion, graduation expenses  Hotel accommodations for any activities or events  Fundraising, alumni or celebratory activities (bounce house rentals, carnival booths, festival events. Page 94 of 209 CITY OF PALM DESERT OUTSIDE AGENCY / CHARITABLE CONTRIBUTIONS COMMITTEE PROGRAM Outside Agency ApplicationProgram Guidelines (Revised April January __1, 20192024) FOCUS The Outside Agency Charitable Contributions CommitteeFunding Program was designed to support charities organizations that further Palm Desert programs and services, and assist residents in need of support.  Primary consideration is given to recognized nonprofit organizations that directly benefit Palm Desert residents.  Secondary consideration is given to recognized nonprofit organizations that indirectly affect the quality of life for the residents of Palm Desert.  Preference is given to those applicants meeting health and human service needs of underserved populations. OBJECTIVES  Protection and improvement of the living environment for the residents of Palm Desert.  Assistance to low and moderate-income households and special population groups such as the elderly in meeting basic needs.  Enabling residents to increase or improve his/her capacity to successfully handle issues over the long-term without continuing public assistance. PRIORITIES Priority is given in the following order to programs, projects or services that: 1. Address basic living conditions of the residents of Palm Desert, which include food and shelter. 2. Improve an individual’s or household’s health, basic living conditions and capacity to be self - sufficient, which include health care and related transportation, seniors, children and youth services. 3. Improve the livability of the community. While these requests may provide programs or services that are not of necessity, they do offer exposure to arts and culture, advocacy, historic places or events, animals, educational programs or services related to employment or job training, and other programs or services deemed necessary to support community groups and organizations. Funding for certain events or activities that do not fall under the Special Programs umbrella may be considered on a case-by-case basis, and must be open to the public (e.g. public park, inclusive event.) APPLICATION GUIDELINES FOR RECOGNIZED NON-PROFIT ORGANIZATIONS 1. Failure to comply with these Guidelines, including misuse of funds, may result in the termination of funding and disqualification from future grant cycles. Page 95 of 209 2. This is a competitive grant process; all applications will be evaluated based on the merit of the program or project. Applications must be complete in order to be accepted. Applications must: A. Describe the organization’s purpose, years of operation, and leadership team; B. Include the estimated number of people that will be impacted by the use of the grant funds; C. Explain how the proposed use of grant funds aligns with community needs and the community benefit that will be achieved by the use of the grant funds; D. Describe project feasibility and the organization’s financial stability; 1. E. Indicate whether the Applicant has received any other sources of funding for the proposed project. 3. The Applicant will agree to submit program outcomes and financial reports to the City regarding use of the funds upon request. 4. Requests for funds that will be re-granted by the organization in any way will not be considered. Page 96 of 209 Guidelines for Application Review and Consideration Revised: April January 1, 202419 Page 2 of 4 5. Due to the competitive nature of the grant process, receiving time at the Finance Department will be the governing time for acceptance of applications. It is the responsibility of the Applicant to see that any material sent through the mail, in person, or by any other delivery method, will have sufficient time to be received by this specified date and time. Postmarks will not be accepted in lieu of actual delivery. 6. Applicants must be able to demonstrate that they apply for and receive funding from other sources, governmental or otherwise, and are not relying solely on City support. If the service offered is unique to Palm Desert, special consideration may be provided. 7. Funding requests are for the period of July 1 through June 30 of the program year. The activity or service for which funds are requested must occur in this timeframe. No award will be considered for any part of the program or service that falls outside of these dates, unless otherwise authorized by the City Manager as provided below. 8. The Applicant requesting funds must be in existence for a minimum of five (5) years prior to the application deadline in order to be considered for funding by the Outside Agency Funding Committee. 9. The Applicant must be of verifiable non-profit status and presently providing charitable, public benefit, public welfare or educational services to persons residing in the City of Palm Desert (the “City”). 10. Organizations shall agree not to use grant funds for political lobbying or discriminatory activities. The funds must be used for activities which are open to the general public and not restricted based on a person’s race, religion, ethnicity, age, sex, gender, gender identity, gender expression, disability, sexual orientation, or economic status. 11. Funds must be used towards the activity described in the application. The grant funds cannot be directly provided to specific individuals, nor may the grant funds be constructively provided to specific individuals (e.g. Using grant funds to pay for certain individuals to go to an event is not permitted. By contrast, using grant funds to reduce the overall costs of an event is permitted.). 12. Religious organizations are eligible to apply for grant funds, but the use of the grant funds cannot be devoted to a religious purpose. Instead, the grant funds must be used toward a secular purpose (e.g. cultural heritage; promote community knowledge and understanding). 13. The Applicant must have an existing program in place and a staff that is ready and willing to provide services to the City for the benefit of its residents. Funds will not be contributed to any agency or group for “startup” costs. 14. The City must have the desire to have the services as detailed in the Applicant’s application performed for the City and its residents by the agency or group. Priority is given to agencies providing a direct benefit to Palm Desert residents. 15. Organizations receiving a Community Development Block Grant (CDBG) or other City funding in the same period are typically not considered for Outside Agency funding. 16. Funds awarded to successful Applicants are for the purposes of providing a program or service to the City of Palm Desert, or its sphere of influence, to the extent possible. Said funds are not Page 97 of 209 designated for capital purchases, equipment, or insurances of any kind, and cannot be used for salaries of employees on the payroll of the Applicant without prior approval of the City Council. 17. The Applicant agrees to use the funds granted by the City to provide only the services represented in its application for funding and listed on the Agreement between the Applicant and the City. 18. An Applicant is ineligible to receive funding for events or programs which it does not conduct itself or conduct in collaboration with another organization. 19. Where the Applicant received funding for the current fiscal year, all documents must be submitted and agreement terms complete prior to funding disbursement for the following fiscal year. 20. Organizations requesting funding after the deadline for the annual review has passed may submit an application to the City Manager for special consideration. Award of funds in this circumstance is rare, and is contingent upon (1) available funds remaining in the Outside Agency Page 98 of 209 Guidelines for Application Review and Consideration Revised: January 1, 2024 April 1, 2019 Page 3 of 4 budget following disbursement to organizations compliant with the Committee’s annual deadlines, (2) a finding made by the City Manager that special circumstances prevented the Applicant from applying for grant funds by the required deadline and the event could not occur the following year. 21. Recreational fundraising events (i.e. golf tournaments, luncheon/dinner sponsorships and tickets, gala attendance and support) do not qualify for Outside Agency funding. 22. Emergency requests for contributions should be reviewed by the City Manager on a case-by- case basis to determine funding availability. 23. The City Manager may, after a request from an approved Outside Agency, consider a reallocation of the approved contribution provided such reallocation is consistent with the guidelines and the previously approved use. 17. ADDITIONAL GUIDELINES FOR SCHOOL ORGANIZATIONS (PTOs) The City of Palm Desert may elect to award funding to a Parent Teacher Organization, Association, Parent Club, Foundation or other formal group (“PTO”) of a Palm Desert public school in an effort to enhance educational programs and improve the scholastic abilities of the student body as a whole, and to support the various booster clubs at the school. The City aims to support efforts furthering student accomplishments in the areas of Science, Technology, Engineering and Mathematics (STEM) as well as college preparation programs, and requires that the PTO be in good standing with the City relative to any and all previous grant applications and agreements. The City does not award funding for instruction, tuition or supervision of routine educational activities as these costs are not the responsibility of a municipality. Additionally, the City will direct any individual requests received from school clubs (boosters, dance, cheer, robotics, etc.) during the funded year back to the PTO for their consideration and recommend they submit a request to their PTO for inclusion in the upcoming application year. The City encourages the PTO to fundraise and support specialty programs for overall student enhancement as they see fit. The City has focused its interest in providing a charitable contribution to specific areas the City regards as beneficial to a majority of students. Examples of Acceptable Expenditures  Math and science-oriented computer software programs (e.g. TurnItIn, StateStandards)  Odyssey of the Mind, SAT preparation and AP testing fee reimbursement  Tutoring and scholastic reading programs and materials (does not include tutor compensation)  Bully-, drug-, and gang-prevention programs and assemblies  Curriculum-based assemblies (authors, demonstrations)  Educational, curriculum-based field trip admission and transportation for students only o Examples of educational field trips: Living Desert, Riley’s Farm, Museum of Tolerance, Coachella Valley Water District. Show how the trip relates to the curriculum and follow up with student reports on what was learned. o Examples of non-educational field trips: Disneyland, SeaWorld, Knott’s Berry Farm Page 99 of 209 o Transportation costs for approved travel should be reasonable such as school bus or coach. Limousines or other modes of transportation not regularly provided for school use are not reimbursable. Page 100 of 209 Guidelines for Application Review and Consideration Revised: April January 1, 202419 Page 4 of 4  Any other expenditure requests not specifically listed must be submitted and discussed during the application process to determine if they would qualify for reimbursement. Any adjustments are at the discretion of the City Manager. Examples of Discouraged Expenditures  Awards assemblies and supplies (i.e. student of the month and improvement awards)  Tuition, salary, or supervision expenses  Supplemental classroom materials or library supplies  Capital equipment or hardware such as computers, laptops, televisions or projector screens  Culinary, photography, or other specialty programs  Reward or social parties (i.e. pizza party, ice-cream social)  Food, drinks, snacks of any kind for any meetings or activities  School dance, promotion, graduation expenses  Hotel accommodations for any activities or events  Fundraising, alumni or celebratory activities (bounce house rentals, carnival booths, festival events) Page 101 of 209 Page 102 of 209 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: January 25, 2024 PREPARED BY: Lucero Leyva, Project Manager REQUEST: AUTHORIZE PURCHASE OF PARAMEDIC UNIT FOR NEW FIRE STATION 102 RECOMMENDATION: 1. Authorize the purchase of a new paramedic unit for the new Fire Station 102 in an amount not to exceed $303,449.02, pursuant to sections 3.30.160(I) and 3.30.160(J) of the Palm Desert Municipal Code. 2. Authorize Directory of Finance to set aside a 20% contingency in the amount of $60,689.80. 3. Authorize the City Attorney to make any necessary non -monetary changes to the agreement. 4. Authorize the City Manager to execute all documents necessary to effectuate this action. BACKGROUND/ANALYSIS: On January 26, 2023, the City Council approved the design of a fourth fire station to be located just north of the Gerald Ford Drive and Frank Sinatra Drive intersection. This new fire station, referred to as Fire Station 102, will help better serve the area's existing and developing communities. Currently, Fire Station 102 is tentatively scheduled to start operations in the Fall of 2025. While Fire Station 102 is still undergoing the entitlement process with the City, staff has received a quote from Frazer for the purchase of a new paramedic unit. The quote was initiated and reviewed by CalFire to ensure the new paramedic unit met the requirements and specifications of the CalFire Agency. The new paramedic unit has an estimated eighteen-month to two-year lead time. City Staff will be working closely with the Cal Fire Staff and Frazer to expedite any part of the ordering process and ensure Fire Station 102 opens with all the equipment needed to serve its communities. Staff has determined that Frazer is the only source that can provide this type of unit. Due to this fact and the need to timely equip the new fire station with a paramedic unit, proceeding with the purchase without further bidding is in City’s best interest. Accordingly, staff recommends the approval of the paramedic unit purchase to avoid or mitigate any delays to the Fire Station 102 project schedule. Strategic Plan: This project will allow the City to meet the “Public Safety & Emergency Service – Priority 1” Enhance the delivery of public safety services” of the Strategic Plan. FINANCIAL IMPACT: Page 103 of 209 City of Palm Desert (Authorize Purchase of Paramedic Unit for New Fire Station 102 ) Page 2 of 2 Funds for this purchase were included in the approved Capital Improvement (CIP) List for Fiscal Year 2023-24 under the Fire Fund Account No. 2354270-4400100. Therefore, this action has no financial impact on the General Fund. ATTACHMENT: 1. Frazer Quote Page 104 of 209 Page 105 of 209 Page 106 of 209 Page 107 of 209 Page 108 of 209 Page 109 of 209 Page 110 of 209 Page 111 of 209 Page 112 of 209 Page 113 of 209 Page 114 of 209 Page 115 of 209 Page 116 of 209 Page 117 of 209 Page 118 of 209 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: January 25, 2024 PREPARED BY: Anthony J. Mejia, City Clerk REQUEST: ACCEPTANCE OF A RESIGNATION FROM THE CIVIC ENGAGEMENT COMMITTEE RECOMMENDATION: With regret, accept the resignation of Scott Warmuth from the Civic Engagement Committee. BACKGROUND/ANALYSIS: On September 15, 2022, Scott Warmuth was appointed to the Civic Engagement Committee for a term ending June 30, 2024. On January 17, 2024, Mr. Warmuth informed the City of his need to resign from the Civic Engagement Committee effective immediately. The Civic Engagement Committee consists of up to 12 members, with seven members currently appointed. Pursuant to Palm Desert Municipal Code 2.34.070, when the bylaws of a committee provide for a membership up to a certain number, then a majority of appointed members shall constitute a quorum for the transaction of business. As a result of this resignation, the Civic Engagement Committee will have six appointed members and the quorum threshold will be reduced to four members. Legal Review: This report has been reviewed by the City Attorney’s office. FINANCIAL IMPACT: There is no fiscal impact associated with this action. Page 119 of 209 Page 120 of 209 Page 1 of 1 PALM DESERT HOUSING AUTHORITY STAFF REPORT MEETING DATE: January 25, 2024 PREPARED BY: Jessica Gonzales, Housing Manager REQUEST: RECEIVE AND FILE THE ANNUAL LOW - AND MODERATE-INCOME HOUSING ASSET FUND REPORT RELATIVE TO SB 341 RECOMMENDATION: Receive and file the annual Low- and Moderate-Income Housing Asset Fund report relative to SB 341 for the 2022/2023 fiscal year. BACKGROUND/ANALYSIS: SB 341 provides that the housing successor, the Palm Desert Housing Authority (“Housing Authority”) must conduct and provide to its governing body, an independent financial audit and annual report relative to the Low and Moderate Income Housing Asset Fund (“LMIHAF”) within six months, after the end of each fiscal year. Such audit may be included in the independent financial audit of the City of Palm Desert. The audit and annual report must also be posted on the housing successor’s website. The attached annual report provides the information as required pursuant to SB 341. The report has been reviewed and verified by the City’s auditors, with the LMIHAF included as a major fund in the City’s Financial Report. The reviewed SB 341 annual report is now being presented to the Housing Authority Board to receive and file. Legal Review: This report has been reviewed by the City Attorney’s office. FINANCIAL IMPACT: There is no impact to the General Fund. ATTACHMENTS: 1. SB 341 Report for Fiscal Year 2022/2023 Page 121 of 209 Page 122 of 209 FY 2022/23 1)SERAF Deposits During FY 2022/23 N/A 2)Deposits into LMIHAF During FY 2022/23 Interest - Rents - ROPs Related Deposits - Loan Payoffs / Hovely Payment - Sales Proceeds - Investment Earnings 1,554,962 Miscellaneous 38,780 Total Deposits into LMIHAF 1,593,742 (Less) Amount Pursuant to ROPS - Total Effective Deposits into LMIHAF 1,593,742 3)LMIHAF Fund Balance and Available Cash Calculation as of June 30, 2023 LMIHAF Balance as of June 30, 2023 50,014,881 (Less) Amounts Deposited for ROPS (9,157,393) (Less) Land Held for Resale (61,516) (Less) Interest Receivables (19,553) (Less) Notes Receiveables (11,178,813) (Less) Prepaid Costs (551) Available Cash as of June 30, 2023 29,597,055 4)Expenditures by Category a) Monitor/Preserve Affordability Covenants 356,921 b) Administrative Expenditures 119,022 c) Homeless Prevention LOW AND MODERATE HOUSING ASSET FUND ANNUAL REPORT FISCAL YEAR 2022/23 Page 123 of 209 LOW AND MODERATE HOUSING ASSET FUND ANNUAL REPORT FISCAL YEAR 2022/23 d) Development of Affordable Housing 0% AMI - 30% AMI 6,030,000 31% AMI - 59% AMI - 60% AMI - 80% AMI - 5)Maximum Allowable Administrative Expenditures Statutory Value of Real Property 71,359,909 Notes Receiveable 12,184,293 Total Assets (Land + Loans)83,544,202 % of Total Assets 0 Maximum Administrative Costs 4,177,210 Minimum Maximum Administrative Costs 500,000 Maximum Allowable Administrative Expenditures 4,177,210 6)Transfers Made to Other Housing Successors N/A 7)Property Tax Revenue Held for ROPs Related Projects 9,157,393 8)Status of Property Owned by Housing Successor Status of Property Acquired prior to February 1, 2012 Status of Property Acquired after February 1, 2012 N/A 9)Oustanding Obligations Related to Replacement/Inclusionsary/Production Requirements N/A Arc Village Site - ENA entered into with Chelsea, executed as of 8/2023, DDLA approval request expected 6/2024. Land will transfer when all financing is committed. Palm Communities Site (10 acre site) - Extension through December 31, 2024 .DDA entered into on 10/15/22. Land will transfer when all financing is committed. Sagecrest II Site - SLA exemption approval from HCD declined in 2023, RFP to be sent out in 2024. Page 124 of 209 LOW AND MODERATE HOUSING ASSET FUND ANNUAL REPORT FISCAL YEAR 2022/23 10)Income Targeting Test (Dollars Spent on Income Targeting) Compliance with Extremely Low Income Targeting N/A Compliance with 60% AMI - 80% AMI Targeting N/A 11)Senior Rental Housing Units Test (Deed Restricted Rental Units Developed in last 10 Years) Senior Rental Housing Units (Completed between July 1, 2013 - June 30, 2023)70 Multi Family Rental Housing Units (Completed between July 1, 2013 - June 30, 2023)- All Affordable Rental Housing Units in City (Completed between July 1, 2013 - June 30, 2023)230 % of Senior Rental Housing Units to All Affordable Rental Housing Units 30% 12)Excess Surplus Calculation (EXCESS SURPLUS TEST) Unencumbered LMIHAF Balance Available Cash (See #3)29,597,055 (Less) Funds Committed as of June 30, 2023 11.8 Acre Site (Crossings at Palm Desert - 176 rental units) Conditional Loan approved July 14, 2023 (7,235,000) 10 Acre Site (Palm Villas 239 rental units) - DDLA approved June 22, 2023 (3,330,000) Unencumbered LMIHAF Balance 19,032,055 Deposits for the preceding four years: Fiscal year 2021-22 512,418 Fiscal year 2020-21 228,525 Fiscal year 2019-20 2,442,063 Fiscal year 2018-19 5,006,356 Total Deposits 8,189,362 Base Limit 1,000,000 Greater of Aggregate Deposited or $1,000,000 8,189,362 Computed Excess Surplus 10,842,693 Page 125 of 209 LOW AND MODERATE HOUSING ASSET FUND ANNUAL REPORT FISCAL YEAR 2022/23 Plans for depleting the Excess Surplus Sagecrest II Development - RFPs are to be set out in 2024.7,000,000 Arc Village Development - Under ENA with Chelsea.2,000,000 Portola Palms Mobile Home lots (2 ownership units) - RFP to go out at end of 2024 1,000,000 Self Help Silent Second Loans 800,000 13)Homeownership Portfolio Status Restricted Homeownership Units as of July 1, 2022 280 Number of Restricted Homeownership Units ADDED during FY 2022/23 1 Number of Restricted Homeownership Units REMOVED during FY 2022/23 (14) Provide reason for units to be removed 11 Self-Help Homeownership units were removed, the term of the affordability covenant expired; 2 PPMHP Units were released, paid off and/or term expired; Pearson and Hoover 1 Falcon Crest home acquired; Goforth Restricted Homeownership Units as of June 30, 2023 267 Amount of Funds returned to Housing Successor during FY 2022/2023 $331,780.00 Housing Successor has not contracted with any outside entity for the management of the homeownership units. Page 126 of 209 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: January 25, 2024 PREPARED BY: Anthony J. Mejia, City Clerk REQUEST: PALM DESERT REDISTRICTING 2023: ADOPTION OF AN ORDINANCE ESTABLISHING CITY COUNCIL ELECTION DISTRICT BOUNDARIES AND SCHEDULING ELECTIONS WITHIN THE DISTRICTS AND INTRODUCTION OF AN ORDINANCE ELIMINATING USE OF RANKED CHOICE VOTING RECOMMENDATION: 1. Adopt Ordinance No. 1406 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 2.38.040 OF THE PALM DESERT MUNICIPAL CODE RELATED TO BY-DISTRICT ELECTIONS, DEFINING DISTRICT BOUNDARIES, AND SCHEDULING ELECTIONS WITHIN THE DISTRICTS.” 2. Introduce an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REPEALING SECTION 2.38.050 OF CHAPTER 2.38 (“GENERAL MUNICIPAL ELECTIONS”) OF TITLE 2 (“ADMINISTRATION AND PERSONNEL”) OF THE PALM DESERT MUNICIPAL CODE TO IN ORDER TO ELIMINATE RANKED CHOICE VOTING FOR THE ELECTION OF MEMBERS OF THE CITY COUNCIL.” 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 (RCV) in future elections. In accordance with the FAIR MAPS Act, as amended, the City facilitated two map drawing workshops, three community workshops, and five public hearings. A total of six draft maps were submitted by the public and three draft maps were submitted by the City’s demographer. On November 16, 2023, the City Council held a public hearing and considered all submitted maps and selected Map 109 as a focus map for further consideration. On December 14, 2023, “Map 109 Renumbered” was presented by staff to ensure that the sequence of elections resulted in the districts being up for election in numerical order (such as Districts 1, 2, and 3 being up for election in Novemb er 2024 and Districts 4 and 5 in November 2026). Following the public hearing, the City Council reaffirmed its preference for “Map 109 Renumbered.” Page 127 of 209 City of Palm Desert Palm Desert Redistricting 2023 Page 2 of 2 On January 11, 2024, City staff presented “Map 109 Renumbered B” noting that it was modified to correct the District 3 street alignment so that the boundaries follow Cook Street and El Dorado Drive rather than the interior streets of the Lakes Country Club. Following the public hearing, the City Council unanimously adopted “Map 109 Renumbered B” and introduced Ordinance No. 1406 defining district boundaries and scheduling elections within the districts. It is important to note that the four members of City Council elected to the current District 2 (based on the map approved in 2022) will continue to serve as representatives of said district until their term expiration. In November 2024, Districts 1, 2, and 3 will be up for election and those elected will then serve as Councilmembers of the newly established districts. In November 2026, Districts 4 and 5 will go up for election and at that point those elected will represent said districts and the transition to five single-member districts will be complete. NEXT STEPS: Upon approval of the ordinance establishing district boundaries and scheduling elections, City staff will notify and provide implementation files to the Riverside County Registrar of Voters. At the February 15, 2024, City Council meeting, City staff will submit a Summary Report on Redistricting Outreach and as required by Elections Code 21130(f), a report that explains the basis on which the City Council made its decision in achieving compliance with the redistricting requirements and criteria. Legal Review: This report has been reviewed by William Priest and the City Attorney’s Office. FINANCIAL IMPACT: There is no financial impact associated with this action. ATTACHMENTS: 1. Ordinance No. 1406 – Establish District Boundaries and Schedule Elections 2. Draft Ordinance – Rescinding Use of Ranked Choice Voting Page 128 of 209 Palm Desert Redistricting 2023 ORDINANCE NO. 1406 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 2.38.040 OF THE PALM DESERT MUNICIPAL CODE RELATED TO BY-DISTRICT ELECTIONS, DEFINING DISTRICT BOUNDARIES, AND SCHEDULING ELECTIONS WITHIN THE DISTRICTS THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES ORDAIN AS FOLLOWS: Section 1. Recitals A. The City of Palm Desert currently elects five Councilmembers using a by - district election system comprised of two districts. B. The City Council has determined that it is in the best interest of the City to shift from its current two-district election system to a five-district by-district election system. C. California Government Code section 34886 permits the City Council to change the City’s method of election by ordinance, with certain formalities, to a “by- district” system in which each Councilmember is elected only by the voters in the district in which the candidate resides, or a “by-district” system with an at-large, elected Mayor. D. Pursuant to California Government Code section 34886, it is declared that the purpose of the change in the method of electing members of the City Council of the City of Palm Desert made by this Ordinance is to implement the guarantees of Section 7 of Article I and of Section 2 of Article II of the California Constitution, as set forth in Sections 14025 through 14032 of the California Elections Code. E. The City engaged an expert demographic firm to assist the City with the process of analyzing the City’s population, developing draft maps, and gathering input from residents on the possible maps. F. In accordance with Elections Code section 21100 et seq. and Elections Code section 21620 et seq., the City Council held two “pre-map” public hearings to obtain input on any proposed district boundaries on September 14, 2023, and September 28, 2023. G. A. On September 6, 2023, November 29, 2023, and December 6, 2023, the City conducted Community Workshops to provide the public with information on the redistricting process, to solicit input, and begin reviewing the proposed maps. H. On November 16, 2023, December 14, 2023, and January 11, 2024, the City Council held three “post-map” hearings to review the proposed maps and solicit input and comment from the public. Page 129 of 209 Ordinance No. 1406 Page 2 I. On January 11, 2024, the City Council selected a map for adoption and introduced, read by title, and waived further reading of this Ordinance. J. The purpose of this Ordinance is to enact, pursuant to California Government Code section 34886, an ordinance providing for the election of the Members of the City Council of the City of Palm Desert by-district in five single-member districts as reflected in Exhibit A to this Ordinance. Section 2. Amendment to Code Section 2.38.040 of the Palm Desert Municipal Code is amended in its entirety to read as follows: “2.38.040 – ELECTION OF CITY COUNCIL (A) By-District Elections. Pursuant to California Government Code section 34886, Members of the City Council of the City of Palm Desert shall be elected by- district in five (5) single-member districts. 1. Members of the City Council shall be elected in the electoral districts established by subdivision (B) of this Section and subsequently reapportioned as provided by State law. Elections shall take place “by-district” as that term is defined in California Government Code section 34871, meaning one Councilmember shall be elected from each district, by the voters of that district alone. 2. A Councilmember elected or appointed to represent a district must reside in that district and be a registered voter in that district, and any candidate for City Council must reside in, and be a registered voter in, the district in which he or she seeks election at the time nomination papers are issued. 3. Termination of residency in a district by a Councilmember shall create a vacancy for that City Council district unless a substitute residence within the district is immediately declared and established within thirty (30) days after the termination of residency. 4. Notwithstanding any other provision of this Section, the Councilmembers in office at the time this Section takes effect shall continue in office until the expiration of the term to which he or she was elected. In the event a vacancy Page 130 of 209 Ordinance No. 1406 Page 3 occurs in District 1 before the expiration of the term of a Councilmember in office at the time this Section takes effect, a person who is appointed or elected by special election to fill such vacancy must reside within the boundaries of District 1 as constituted when the Councilmember creating the vacancy was elected. In the event a vacancy occurs in District 2 before the expiration of the term of a Councilmember in office at the time this Section takes effect, a person who is appointed or elected by special election to fill such vacancy must reside within the boundaries of District 2 as constituted when the Council Member creating the vacancy was elected. A person(s) appointed or elected to fill such a vacancy(ies) shall hold the office in accordance with State law. (B) City Council Districts and District Elections. All five Councilmembers shall be elected on a “by-district” basis from the Council districts shown and numbered on the map titled ‘City of Palm Desert District Map – Map 109 Renumbered B’ attached as Exhibit A, a copy of which shall be on file in the City Clerk’s office. In 2024, and every four years thereafter, the following three City Council districts shall be elected by-district: District 1; District 2; and District 3. In 2026, and every four years thereafter, the following two City Council districts shall be elected by-district: District 4 and District 5. (C) Amendment of District Boundaries. Pursuant to Elections Code section 21601, as it may be amended from time to time, the City Council shall adjust the boundaries of any or all of the districts following each decennial federal census to ensure that the districts are in compliance with all applicable provisions of law.” Section 3. Technical District Changes. If necessary to facilitate the implementation of this Ordinance, the City Clerk is authorized to make technical adjustments to the district boundaries that do not substantively affect the populations in the districts, the eligibility of candidates, or the residence of elected officials within any district. The City Clerk shall consult with the City Manager and City Attorney concerning any technical adjustments deemed necessary and shall advise the City Council of any such adjustments required in the implementation of the districts. Page 131 of 209 Ordinance No. 1406 Page 4 Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part hereof is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council of the City of Palm Desert hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after the date of its passage; and prior to fifteen (15) days after its passage, the City Clerk shall cause a copy of this Ordinance to be published in accordance with the provisions of the law. The City Clerk shall certify the adoption of this Ordinance. ADOPTED ON ___________________. KARINA QUINTANILLA MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK I, Anthony J. Mejia, City Clerk of the City of Palm Desert, California, do hereby certify that Ordinance No. 1406 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Desert City Council on January 11, 2024, and adopted at a regular meeting of the City Council held on __________, 2024, 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 132 of 209 Ordinance No. 1406 Page 5 EXHIBIT A City of Palm Desert District Map - Map 109 Renumbered B Page 133 of 209 Page 134 of 209 ORDINANCE NO. 2024-____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REPEALING SECTION 2.38.050 OF CHAPTER 2.38 (“GENERAL MUNICIPAL ELECTIONS”) OF TITLE 2 (“ADMINISTRATION AND PERSONNEL”) OF THE PALM DESERT MUNICIPAL CODE TO IN ORDER TO ELIMINATE RANKED CHOICE VOTING FOR THE ELECTION OF MEMBERS OF THE CITY COUNCIL WHEREAS, on June 5, 2019, two plaintiffs, represented by attorney Kevin Shenkman and other legal counsel, filed a lawsuit against the City alleging a violation of t he California Voting Rights Act (CVRA) based on the City’s use of an at -large election system for City Council members; and WHEREAS, while the City did not believe that its at-large election system violated the CVRA, due to the low threshold of proof required by the CVRA, the unanimously unsuccessful efforts by California cities to defend against such lawsuits to date, and the considerable cost of defending such lawsuits, the City decided to settle the case with Mr. Shenkman and his clients; and WHEREAS, on December 12, 2019, the City and the plaintiffs announced a settlement of the lawsuit, the principal elements of the settlement being as follows: • A two-district election system was approved as outlined in the Court-approved electoral district map. District 1 would represent the “Civic Center District” (approximately 20% of the City’s total population) and elect one member to the City Council. District 2 (the “Outer District”) would represent the remainder of the City (approximately 80% of the City’s total population) and elect the other four members to the City Council. • The City would implement ranked choice voting (RCV) for City Council elections at the November 2020 General Municipal Election or the earliest practicable election date. • The City is prohibited for 10 years from conducting any further at-large elections except as set forth above. However, this shall not preclude the Council from adopting a five single-member district electoral system in accordance with applicable law. WHEREAS, in early 2020, the City followed the public hearing, outreach and input procedure set forth in AB 350 and, pursuant to the legal authority in Government Code sections 34871 and 34886, adopted Ordinance No. 1356 on May 14, 2020, approving a two-district electoral map that transitioned the City from an entirely at-large system and which established RCV. WHEREAS, at the November 2020 General Municipal Election, the City elected one Council member from District 1 and two Council members from District 2. The City was unable to conduct RCV at that time due to timing and logistics issues caused by the COVID -19 pandemic; and WHEREAS, at that November 2022 General Municipal Election, the City elected two Council members from District 2 and held its first election by RCV; and Page 135 of 209 Ordinance No. 2024-___ Page 2 WHEREAS, the City Council finds that conducting RCV in the November 2022 General Municipal Election resulted in substantial voter confusion and misunderstanding, and did not serve the City’s residents well during the time of the Election; and WHEREAS, based upon this, the City Council desires to repeal RCV in the City for future Council elections; and WHEREAS, as part of discussions with Mr. Shenkman and his clients, they and the City have agreed that, under the CVRA settlement agreement, the City is permitted to transition to a five-district electoral system and, after doing so, is no longer obligated to maintain RCV for the City’s election system; and WHEREAS, after following the public hearing, outreach and input procedure set forth in State Elections Code for redistricting, and pursuant to the legal authority in Government Code sections 34871 and 34886, the City Council adopted Ordinance No. 1406 on January 25, 2024, approving a transition from a two-district electoral system to a five-district electoral system for City Council members, starting with the November 5, 2024, General Municipal Election; and WHEREAS, the City Council has satisfied all other prerequisites to adoption of this Ordinance repealing RCV in future City of Palm Desert City Council elections. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. REPEAL OF MUNICIPAL CODE SECTION. Section 2.38.050 of Chapter 2.38 of Title 2 of the Palm Desert Municipal Code pertaining to ranked choice voting (RCV) is hereby repealed in its entirety. SECTION 2. SEVERABILITY. If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective. SECTION 3. EFFECTIVE DATE. This Ordinance shall become effective thirty (30) days from its adoption. SECTION 4. PUBLICATION. The City Clerk shall certify the adoption of this Ordinance and cause it, or a summary of it, to be published in a newspaper of general circulation printed and published within the City of Palm Desert, pursuant to all legal requirements. Page 136 of 209 Ordinance No. 2024-___ Page 3 ADOPTED ON ___________________, 2024. KARINA QUINTANILLA MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK I, Anthony J. Mejia, City Clerk of the City of Palm Desert, California, do hereby certify that Ordinance No. ____ is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Desert City Council on _________, 2024, and adopted at a regular meeting of the City Council held on __________, 2024, 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 137 of 209 Page 138 of 209 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: January 25, 2024 PREPARED BY: Gary Shaffer, Director of Library Services REQUEST: INTRODUCTION OF AN ORDINANCE ADDING CHAPTER 2.74 TO TITLE 2 OF THE PALM DESERT MUNICIPAL CODE, ESTABLISHING A MUNICIPAL LIBRARY FOR THE CITY, AND MAKING A FINDING OF EXEMPTION UNDER CEQA RECOMMENDATION: Adopt an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 2.74 TO TITLE 2 OF THE PALM DESERT MUNICIPAL CODE, ESTABLISHING A MUNICIPAL LIBRARY FOR THE CITY, AND MAKING A FINDING OF EXEMPTION UNDER CEQA.” BACKGROUND/ANALYSIS: The City is taking over local library services from the County of Riverside and its library operator LSS, beginning July 1, 2024. At its regular meeting on October 12, 2023, the City Council adopted Resolution No. 2023-047 approving the City’s withdrawal from the Riverside County Library System and assumption of the provision of library services in the City as of July 1, 2024, and indicating the City’s intent to establish an independent municipal library. Staff is currently negotiating an agreement with the County of Riverside to establish the terms of the withdrawa l, including the transfer of tax revenues and library property, and hiring of library staff. The next step is to adopt an ordinance to formally establish the municipal library, pursuant to the City’s authority to govern its municipal affairs provided in Article XI, Section 5 of the California Constitution and Section 101 of the City Charter. Once adopted, the ordinance will:  Meet the legal requirements,  Designate the City Council as the legislative body and outline parameters for the annual budget for library services, and  Provide authority to the City Manager to manage this new service as with all other services, Legal Review: This report has been reviewed by the City Attorney’s office. Environment Review: This action is exempt under CEQA. FINANCIAL IMPACT: Page 139 of 209 City of Palm Desert Municipal Library Ordinance Page 2 of 2 This action will have no direct financial impact. ATTACHMENT: 1. Draft Ordinance Page 140 of 209 Report ORDINANCE NO. _____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA ADDING CHAPTER 2.74 TO TITLE 2 OF THE PALM DESERT MUNICIPAL CODE, ESTABLISHING A MUNICIPAL LIBRARY FOR THE CITY, AND MAKING A FINDING OF EXEMPTION UNDER CEQA WHEREAS, at its regular meeting on October 12, 2023, the City Council of the City of Palm Desert adopted Resolution No. 2023-047, after conducting a public hearing and providing the required notice pursuant to Education Code section 19100 et seq., approving the City’s withdrawal from the Riverside County Library System (“RCLS”), assuming the provision of library services in the City of Palm Desert, and indicating the City’s intent to establish an independent municipal library; and WHEREAS, pursuant to Resolution No. 2023-047, as of July 1, 2024, or upon the transfer of property, whichever is later, the City of Palm Desert will withdraw from the RCLS and shall assume the responsibility for the provision of library services within the City’s jurisdiction; and WHEREAS, the City is authorized to establish a municipal public library pursuant to Section 101 of the City of Palm Desert Charter, and Article XI, Section 5 of the California Constitution; and WHEREAS, the City Council desires that the Palm Desert Public Library be established as a municipal public library to be operated by the City. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES ORDAIN AS FOLLOWS: Section 1. Recitals. The recitals above are each incorporated by reference and adopted as findings by the City Council. Section 2. Establishment. The City Council of the City of Palm Desert hereby establishes the Palm Desert Public Library to provide library services directly to the public as a municipal library, and directs city staff to take all necessary steps and actions in order to effectuate the transition of the Palm Desert Library from the Riverside County Library System to a municipal library. Section 3. Amendment to Code. The Palm Desert Municipal Code is hereby amended by adding Chapter 2.74, Public Library, of Title 2, Administration and Personnel, to read as follows: Section 2.74.010 Public Library Established. The City Council of the City of Palm Desert hereby establishes and provides for the regulation and maintenance of a public library in the city to be known as the Palm Desert Public Library. The purpose of this chapter is to ensure that the Palm Desert Public Library provides a Page 141 of 209 quiet, orderly, and safe environment in which people may read, study, use library materia ls and equipment, and attend programs. Section 2.74.020 Governance and Operation of Library. The city manager or their designee shall direct and control all affairs of the library. The city manager shall cause to be employed a Director of Library Services, and authorize the Director of Library Services to employ such assistants and employees as may be necessary for the proper management of the library, and fix their compensation; provided, however, that prior to such employment, the compensation of the Director of Library Services, assistants and employees shall have been fixed and approved by a majority of the members of the city council voting in favor thereof. Section 2.74.030 Rules and Regulations. The city manager or their designee shall establish the rules of conduct for library patrons. The city manager or their designee may do and perform any and all other acts and things necessary or proper to carry out the provisions of this chapter. Section 2.74.030 Library Fund and Expenditures. A. The legislative body of the city shall annually allocate from the general funds of the city a sum of money, the amount of which shall be determined by the legislative body, which sum, together with all money acquired by gift, devise, bequest or otherwise for the purposes of the library shall be apportioned to a fund to be designated the library fund and be applied to the purposes authorized under this chapter. B. If such payment into the treasury should be inconsistent with the conditions or terms of any such gift, devise, or bequest, the city shall provide for the safety and preservation of the same, and the application thereof to the use of the library, in accordance with the terms and conditions of such gift, devise, or bequest. C. Payments from the fund shall be made in the same manner as provided for the payment of other demands against the city; provided, that all demands on such fund shall be first presented to the city council and approved by it before being ordered paid. Section 2.74.040 Title to Property. The title to all property acquired for the purposes of the library established under this chapter, when not inconsistent with the terms of its acquisition, or otherwise designated, shall vest in the city and, in the name of the city, may be sued for and defended by action at law or otherwise. Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part hereof is for any reason held to be invalid, unconstitutional, or unenforceable by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. the City Council of the City of Palm Desert hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that Page 142 of 209 any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases would be declared invalid, unconstitutional, or unenforceable. Section 5. CEQA. The City Council finds that this Ordinance is exempt from the provisions of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Sections 15060(c)(2) and 15061(b)(3) in that the proposed changes are not anticipated to result in a direct or reasonably foreseeable indirect physical change in the environment, nor will the proposed changes have the potential for causing a significant effect on the environment. Section 6. Effective Date. This Ordinance shall take effect thirty (30) days after the date of its passage; and prior to fifteen (15) days after its passage, the City Clerk shall cause a copy of this Ordinance to be published in accordance with the provisions of the law. The City Clerk shall certify the adoption of this Ordinance. PASSED, APPROVED, AND ADOPTED this _____ day of ______2024. ___________________________________ KARINA QUINTANILLA MAYOR ATTEST: __________________________________ ANTHONY J. MEJIA, MMC CITY CLERK APPROVED AS TO FORM: __________________________________ Isra Shah, City Attorney Page 143 of 209 Page 144 of 209 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: January 25, 2024 PREPARED BY: Eric Ceja, Director of Economic Development REQUEST: AUTHORIZE THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY FOR THE SALE OF 45-656 MOUNTAIN VIEW AVENUE, PALM DESERT RECOMMENDATION: Authorize the City Manager to execute any and all documents necessary for the sale of 45 -656 Mountain View Avenue, Palm Desert. BACKGROUND/ANALYSIS: On August 24, 2023, the City executed a Purchase and Sale Agreement and Escrow Instruction (PSA) with Maureen Gage and Stephen P. Yinger for the sale of the City-owned house situated at 45-656 Mountain View Avenue. Following the execution of the PSA, escrow was opened, but a legal case against the previous property owner’s Trust, unrelated to the City's interests, caused a delay in the property transfer. The case's resolution, followed by a mandatory forty (40) day waiting period by the escrow company, has now concluded. To proceed with the property's sale, the escrow company requires formal authorization from the City Council for the City Manager to execute pertinent documents. Therefore, staff requests City Council approval for the City Manager to execute any and all documents related to the sale of the City-owned property at 45-656 Mountain View Avenue. Legal Review: This report has been reviewed by the City Attorney’s office. FINANCIAL IMPACT: Upon the sale of the property, the City will receive $549,000. ATTACHMENTS: 1. Mountain View PSA Page 145 of 209 Page 146 of 209 PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS is dated as of August 24, RECITALS A. The SELLER is the owner of the fee simple interest in that certain property referenced as 45-656 Mountain View Avenue in the City of Palm Desert consisting of a single-family residence of approximately 1580 square feet in size located on a parcel of approximately 0.17 acres of land (APN 627-351- part hereof by this reference. B. SELLER and BUYER agree that the purchase price is Five Hundred Forty-Nine Thousand and 00/100 Dollars ($549,00 AS- except as specifically provided in this Agreement. NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants and obligations contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the SELLER and BUYER hereto agree as follows: Section 1. Recitals. The recitals set forth above are true and correct and incorporated herein by this reference. Section 2. Purchase and Sale of Property. Subject to all of the terms, conditions, and provisions of this Agreement and for the consideration set forth below, SELLER hereby agrees to sell, convey, and transfer to BUYER and BUYER hereby agrees to acquire all of the right, title, and interest of SELLER in and to the Property. The Property will be conveyed to BUYER when the Purchase Price is paid in full in accordance with this Agreement. Buyer shall indemnify, defend, and hold harmless City of Palm Desert, and its officers, officials, Page 147 of 209 from the sole negligence or willful misconduct of the Agency. In the event the Agency Indemnitees are ccess to the property during the fees, incurred in defense of such Claims. Prior to entering the property during the escrow period, Buyer shall cause each of its agents who in the minimum amount of $1,000,000 per occurrence / $2,000,000 general aggregate. City of Palm Desert and its officials, officers, employees, and agents shall be included as additional insureds. The policy shall be endorsed to be primary as respects Claims arising out this agreement, and any insurance or self-insurance maintained by the Agency shall not be required to contribute. Section 3. Consideration. The total consideration to be paid by BUYER for the acquisition of the Property shall be FIVE HUNDRED FORTY-NINE THOUSAND AND 00/100 Dollars Contemporaneously with the execution and delivery of this Agreement, Purchaser has delivered to Seller and Seller hereby acknowledges the receipt of One Hundred Dollars ($100.00) (the "Independent Consideration"), which amount the parties bargained for and agreed to as adequate and sufficient consideration for Purchaser's exclusive right to inspect and purchase the Property pursuant to this Agreement and for Seller's execution, delivery, and performance of this Agreement. The Independent Consideration is in addition to and independent of any other consideration or payment provided in this Agreement, is nonrefundable, is fully earned and shall be retained by Seller notwithstanding any other provision of this Agreement. Section 4. Opening of Escrow. (a) BUYER shall deliver into escrow a deposit in the amount of Sixteen Thousand Five wire transfer, within three (3) business days following the date a copy of this fully executed Agreement is delivered to Escrow. All expenses incurred in the transfer of title, including but not limited to escrow, Title Policy (as defined in Section 8, below), documentary stamps and recording fees are to be paid by BUYER. (b) The transfer and sale of the Property shall take place through escrow (the Timios, 750 Main Street Red Bluff, Red Bluff, California 96080, Attn. Gloria Zamora, Escrow Officer. The Escrow for the Property shall Page 148 of 209 Agreement executed by SELLER and BUYER. The date of Opening of Escrow shall be memorialized by Escrow Holder in writing delivered to the parties. Escrow will be opened within Council. (c) If this Agreement is terminated or Escrow is cancelled as a result of a default by SELLER, then SELLER shall be solely responsible to the Escrow Holder for payment of all customary and reasonable escrow cancellation charges to the Escrow Holder without further or separate instruction to the Escrow Holder. If this Agreement is terminated or Escrow is cancelled payment of all customary and reasonable escrow cancellation charges to the Escrow Holder without further or separate instruction to the Escrow Holder. Section 5. Due Diligence Period. (a) of time to expire at 5:00 p.m., Pacific Time, on the date which is thirty (30) days from the Opening of Escrow to allow the BUYER the opportunity to investigate the condition and suitability of the any reason, at its sole discretion, BUYER shall notify SELLER and Escrow Holder in writing prior to the expiration of the Due Diligence Period and, thereafter, SELLER and BUYER shall have no further obligation to each other, Escrow shall be cancelled and this Agreement shall automatically terminate on the date of such election and the parties shall each be relieved and discharged from of termination to SELLER on or before the expiration of the Due Diligence Period shall constitute an election by BUYER to waive the termination right contemplated under this Section 5 and proceed with this Agreement, subject to all the other terms and conditions of this Agreement. (b) SELLER hereby grants to BUYER for use by BUYER and its officers, directors, employees, agents, representatives, tenants, prospective tenants, contractors, and other persons accessing the Property by, through or with the permission or under the direction or auspices of BUYER, a limited and revocable license to enter upon the Property for purposes of (a) conducting determined reasonably necessary by BUYER to permit it to determine the physical condition of the Property and any hazardous substances located thereon and to determine the suitability of (48) hours telephonic, electronic mail or written notice of any intended access which involves work on the Property; and (ii) conduct no Invasive Investigations without the written consent of the Invasive Investigations al testing, sampling, invasive testing, or boring into the soils. If BUYER desires to conduct any Invasive Investigations, it will first provide SELLER with a written statement describing the scope of any such Invasive Investigations. SELLER will not unreasonably withhold, condition, or delay its consent to any such Invasive Investigations and will be deemed to have given its consent to the specified scope of such Invasive Investigations if SELLER does not (within three (3) business Page 149 of 209 days following receipt of the proposed scope of such Invasive Investigations) give BUYER a written statement identifying those items to which SELLER has an objection. (c) Prior to entering the Property during the Due Diligence Period, BUYER shall maintain, and cause each of its agents, consultants, contractors and representatives who intend to enter the Property on the BUYER maintain and provide evidence of general liability insurance in the minimum amount of $1,000,000 per occurrence / $2,000,000 general aggregate. SELLER and its officials, officers, employees, and agents shall be included as additional insureds. The policy shall be endorsed to be primary as respects claims arising out this agreement, and any insurance or self-insurance maintained by the SELLER shall not be required to contribute. Section 6. Close of Escrow. (a) conditions set forth in this Agreement for the close of Escrow for the transfer of the Property have been satisfied, and the Deed is recorded by the Escrow Holder. The Property shall be transferred to BUYER at the Close of Escrow, provided that within the periods of time set forth in this Agreement provided: (i) BUYER has not terminated this Agreement, (ii) BUYER has accepted the Deed, and (iii) all other conditions of the Close of Escrow set forth in this Agreement have been met and BUYER has paid, or caused to be paid to the Escrow Holder all applicable escrow costs relating to such closing. The Close of Escrow shall occur on a date designated by BUYER (on advance notice to SELLER) no later than one hundred twenty (120) days after the expiration of the due diligence period. (b) Close of Escrow is conditioned on all of the following: (1) the following to the Escrow Holder: (i) The Deed, executed and acknowledged by SELLER. (ii) an affidavit of non-foreign status of SELLER under the Foreign Investment in Real Property Tax Act. (iii) Settlement Statement (iv) any transfer declarations required by applicable law; (v) to Escrow Holder to delete the non-survey related standard, pre-printed exceptions. (vi) any other customary closing documents in form and substance reasonably satisfactory to SELLER to consummate the Transaction. Page 150 of 209 (2) Pre-Existing Obligations. There shall exist no leases, contracts or rights of occupancy or other agreements or contracts with respect to the Property entered into by SELLER that shall survive the Close of Escrow. (3) Title Conditions Satisfied. The Escrow Holder shall be in a position to issue the Title Policy to BUYER in the amount of the Purchase Price with respect to the Property and subject only to the exceptions permitted by Section 8 of this Agreement. (4) e. SELLER shall have delivered all of the documents and other items required pursuant to Section 6(b)(1) and shall have performed all other material obligations under this Agreement to be performed by SELLER at or prior to the Close of Escrow provided that SELLER shall have a reasonable opportunity to cure any such default after receiving written notice thereof from BUYER. (5) Representations True. All representations and warranties made by SELLER in this Agreement shall be true and correct in all material respects on and as of the Close of Escrow, as if made on and as of such date. (c) Conditions to SELLER's Performance. SELLER's obligation to consummate the Close of Escrow is conditioned on all of the following: (1) BUYER's Closing Deliveries. At the Close of Escrow, BUYER shall deliver the following: (i) The Purchase Price less the Deposit, as adjusted for apportionments and other adjustments required under this Agreement, plus any other amounts required to be paid by BUYER at the Close of Escrow. (ii) The Settlement Statement. (iii) any transfer declarations required by applicable law; (iv) any other customary closing documents in form and substance reasonably satisfactory to BUYER to consummate the Transaction. (2) BUYER's Deliveries Complete. BUYER shall have delivered all of the documents and other items required pursuant to Section 6(c)(1) and shall have performed all other material obligations to be performed by BUYER at or prior to the Close of Escrow provided that BUYER shall have a reasonable opportunity to cure any such default after receiving written notice thereof from SELLER. (3) . BUYER shall have delivered to SELLER preliminary restoration plans for the Property for review and comment. (4) Representations True. All representations and warranties made by BUYER in this Agreement shall be true and correct in all material respects on and as of the Closing Date, as if made on and as of such date. Page 151 of 209 (d) City Purchase Option Agreement. Following the Close of Escrow, the City shall have the right to purchase the Property from BUYER if BUYER fails to meet the following post- closing obligations: (1) Within the time specified, BUYER fails to submit an application to obtain National Historic Registration for the Property. (e) City Purchase Option Price. In the event BUYER fails to meet its obligations outlined in Section 6(d) and City elects to exercise its Purchase Option, the price of the Property shall be Five Hundred Forty-Nine Thousand Dollars ($549,000.00). (f) Section 6(d) and 6(e) shall survive the Close of Escrow and shall not merge with any deed upon its recording. At the election of the City, a Memorandum of the option set forth in Section (d) and (e) hereof in the form attached hereto as Exhibit C shall be executed by each of the parties hereto and recorded by the City in the official records of Riverside County, California. Section 7. Escrow Instructions. SELLER and BUYER each agree to execute and deliver to the Escrow Holder the customary supplemental written escrow instructions (consistent with the terms of this Agreement) of the Escrow Holder. In the event of a conflict between the additional terms of such customary supplemental escrow instructions of the Escrow Holder and the provisions of this Agreement, this Agreement shall supersede and be controlling. Upon any termination of this Agreement or cancellation of the Escrow, except as results from the default of SELLER, BUYER shall be solely responsible for the payment of the escrow cancellation costs of the Escrow Holder. Section 8. Conveyance of Title. (a) On or before the Close of Escrow, SELLER shall deliver to the Escrow Holder the by SELLER. The Deed shall grant fee simple marketable title to the Property to BUYER. The Escrow Holder shall be instructed to record the Deed in the Official Records of Riverside County, California, if and when the Escrow Holder holds the funds for the SELLER as set forth herein. (b) Within five (5) days following the Execution Date, BUYER may order a current Property, together with full and legible copies of all supporting documents (collectively, r a survey of the Property from a licensed surveyor only to the following matters: (1) a lien for real property taxes, bond, or assessments not then delinquent; Page 152 of 209 (2) writing; (3) all matters that affect title to the Property that would be revealed by an accurate and complete survey of the Property as of the end of the Inspection Period; (4) dedication of all streets abutting the Property; (5) customary utility rights-of-way and easements that do not materially interfere with the existing use of the Property; (6) zoning and other governmental restrictions; (7) matters common to any general area or subdivision in which the Property is located; (8) with the con (9) such other title exceptions, if any, resulting from documents being recorded or delivered through Escrow. Section 9. Inspections and Review. (a) BUYER acknowledges and agrees that the Property is being conveyed in the date of Close of Escrow. Except as expressly set forth in this Agreement, no representations or warranties have been made or are made and no responsibility has been or is assumed by SELLER or by any officer, person, firm, agent or representative acting or purporting to act on behalf of SELLER as to the condition or repair of the Property or the value, expense of operation, or income potential thereof, or as to any other fact or condition which has or might affect the Property or the condition, repair, value, expense of operation or income potential of the Property or any portion thereof. BUYER further acknowledges and agrees that it has relied solely upon its own investigations of the Property and its own review of such information and documentation as it has deemed appropriate and is satisfied with the opportunity afforded for investigation. BUYER is not relying upon any statement or representation by SELLER or by any officer, person, firm, agent or representative acting or purporting to act on behalf of SELLER unless such statement or representation is specifically embodied in this Agreement, or the Exhibits attached hereto. Except as expressly set forth herein, SELLER makes no representations or warranties as to whether the Property contains any Hazardous Materials or pertaining to the extent, location or nature of the same. Further, to the extent that SELLER has provided to BUYER information from any inspection, engineering or environmental reports concerning any Hazardous Materials, SELLER makes no representations or warranties with respect to the accuracy, completeness, methodology of preparation or otherwise concerning the contents of such reports. Page 153 of 209 (b) BUYER expressly waives any rights or benefits available to it with respect to the foregoing release under any provision of applicable law which generally provides that a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time the release is agreed to, which, if known to such creditor, would materially affect a settlement. By execution of this Agreement, BUYER acknowledges that it fully understands the foregoing, and with this understanding, nonetheless elects to and does assume all risk for claims known or unknown, described in this Section 9 without limiting the generality of the foregoing: The undersigned acknowledges that it has been advised by legal counsel and is familiar with the provisions of California Civil Code Section 1542, which provides as follows: CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED The undersigned, being aware of this Code section, hereby expressly waives any rights it may have thereunder, as well as under any other statutes or Common law principles of similar effect. Initials of BUYER: ________ (c) The provisions of this Section 9 shall survive the Close of Escrow and shall be binding upon BUYER. (d) SELLER shall assist and cooperate with BUYER in endeavoring to remove title exceptions unacceptable to BUYER, but SELLER shall have no obligation to cause such objections to be removed or to expend any sums in such endeavor, except that SELLER shall (e) SELLER covenants not to further encumber and not to place any further liens or encumbrances on the Property, including, but not limited to, covenants, conditions, restrictions, easements, liens, options to purchase, rights of first offer options to lease, leases, tenancies, or other possessory interests. (f) SELLER covenants not to authorize others to take any action that adversely affects the physical condition of the Property or its soils to any material extent. Section 10. Closing Costs, Possession. (a) BUYER shall pay the premium for any requested ALTA extended coverage title policy, cost of the Survey and all requested ALTA survey policy endorsements, the cost of Page 154 of 209 recording the Deed and any documentary or other transfer taxes payable on account of the conveyance of the Property to BUYER. (c) BUYER shall be entitled to exclusive possession of the Property immediately upon the Close of Escrow. Section 11. Representations and Warranties. (a) SELLER hereby makes the following representations, covenants and warranties: (1) Power and Authority. SELLER has the legal power, right and authority to enter into this Agreement and to execute the instruments and documents referenced herein, and to consummate the transaction contemplated hereby. (2) Requisite Action. SELLER has taken all requisite action and obtained all requisite consents in connection with entering into this Agreement and the instruments and documents referenced herein and the consummation of the transactions contemplated hereby, and no consent of any other party is required. (3) Enforceability of Agreement. The persons executing this Agreement and any instrument or document referenced herein for or on behalf of SELLER have been duly authorized to so act on behalf of SELLER and this Agreement and any such instrument or document is valid and legally binding on SELLER and enforceable against SELLER in accordance with their respective terms. (4) _No Litigation. knowledge, threatened claims, action, allegations or lawsuit of any kind, whether for personal injury, property damage, property taxes, or otherwise, that could affect the Property. (5) No Violation. Neither the execution of this Agreement or the other instruments and documents referenced herein nor the performance by SELLER of its obligations hereunder and thereunder shall result in a breach or constitute a default under any agreement, document, instrument or other obligation to which SELLER is a party or by which SELLER may be bound or under law, statute, ordinance, rule, governmental regulation, state constitution, or any writ, injunction, order or decree of any court or governmental body applicable to SELLER. (6) Operation and Condition Pending Closing. Between the date of this Agreement and the Close of Escrow hereunder, SELLER will continue to manage, operate, and maintain the Property in the same manner as existed prior to the execution of this Agreement. (7) Contracts. There are no contracts or agreements to which SELLER is a party relating to the operation, maintenance, development, improvement, or ownership of the Property which will survive the Close of Escrow. Page 155 of 209 All representations and warranties contained in this Section 11(a) are true and correct on the date hereof and on the date of the Close of Escrow and shall survive the Close of Escrow. (b) Warranties and Representations by BUYER. BUYER hereby makes the following representations, covenants and warranties and acknowledges that the execution of this Agreement by SELLER has been made in material reliance by SELLER on such covenants, representations, and warranties: (1) BUYER has the legal right, power and authority to enter into this Agreement and the instruments and documents referenced herein and to consummate the transactions contemplated hereby. The persons executing this Agreement and such other instruments as may be referenced herein on behalf of BUYER hereby represent and warrant that such persons have the power, right and authority to bind BUYER. (2) BUYER has taken all requisite action and obtained all requisite consents in connection with entering into this Agreement and the instruments and documents referenced herein and the consummation of the transactions contemplated hereby, and no consent of any other party is required. (3) This Agreement is, and all instruments and documents to be executed by BUYER pursuant to this Agreement shall be, duly executed by and are or shall be valid and legally binding upon BUYER and enforceable in accordance with their respective terms. (4) Neither the execution of this Agreement nor the consummation of the transaction contemplated hereby shall result in a breach of or constitute a default under any other agreement, document, instrument, or other obligation to which BUYER is a party or by which BUYER may be bound, or under law, statute, ordinance, rule governmental regulation or any writ, injunction, order or decree of any court or governmental body applicable to BUYER. All representations and warranties contained in this Section 11(b) are true and correct on the date hereof and on the date of the Close of Escrow and shall survive the Close of Escrow. Section 12. Post-Closing Obligations. (a) Promptly upon Close of Escrow, BUYER shall diligently make commercially reasonable efforts to obtain, and if so obtained, to maintain, National Historic Registration (NHR) for the Property from the California Historical Preservation Office (CHPO) and from the National Park Service. BUYER shall apply for historic designation status with NHR and CHPO within eighteen (18) months of Close of Escrow. (b) BUYER will submit to the City applications for permits for the renovation of the property within one hundred and eighty (180) days of close of escrow and begin construction within two-hundred and seventy days (270) Page 156 of 209 (c) Sections 12(a) and 12(b) shall survive the Close of Escrow and shall not merge with any deed upon its recording. Section 13. Conflict of Interest. No member, official or employee of either party having any conflict of interest, direct or indirect, related to this Agreement and the use and development of the Property shall participate in any decision relating to the Agreement. The parties represent and warrant that they do not have knowledge of any such conflict of interest. Section 14. Nonliability of Officials and Employees. No officer, official or employee of either party shall be personally liable to the other party, or any successor in interest of such other party, in the event of any default or breach or for any amount which may become due hereunder, or on any obligations under the terms of this Agreement. Section 15. Indemnification. BUYER shall indemnify, defend, and hold harmless SELLER and its officers, officials, Seller BUYER s agreement or out of BUYER access to the Property during the Due Diligence Period, including the SELLER negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the SELELR. In the event the Seller Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from s performance of this agreement or out of BUYER access to the Property during the Due DiligencePeriod, the BUYER shall provide a defense to the Seller Indemnitees, or at the SELLER Seller Indemnitees their costs of defense, including reasonable a Section 16. Default. (a) Default by Buyer; Limitation on Liability; Liquidated Damages. IF BUYER REFUSES OR FAILS TO CONSUMMATE THE CLOSE OF ESCROW UNDER THIS AGREEMENT FOR ANY REASON OTHER THAN: (I) THE FAILURE OF AN EXPRESS EXPRESS RIGHT OF BUYER SET FORTH IN THIS AGREEMENT TO TERMINATE THIS AGREEMENT, AND IF BUYER FAILS TO CURE ANY SUCH FAILURE TO COMPLETE THE CLOSE OF ESCROW WITHIN TEN (10) DAYS FOLLOWING RECEIPT OF A WRITTEN NOTICE FROM SELLER INDICATING THE NATURE OF ANY DEFAULT ON THE PART OF BUYER, THE SELLER SHALL RETAIN THE DEPOSIT, PLUS ANY INTEREST ACCRUED Page 157 of 209 DEFAULT ON THE PART OF BUYER UNDER THIS AGREEMENT, AND IN SUCH A CASE, BOTH PARTIES SHALL BE RELIEVED OF AND RELEASED FROM ANY FURTHER LIABILITY HEREUNDER. THE PARTIES HAVE AGREED THAT SELLER'S ACTUAL DAMAGES, IN THE EVENT OF A DEFAULT BY BUYER, WOULD BE EXTREMELY DIFFICULT OR IMPRACTICABLE TO DETERMINE. SELLER AND BUYER AGREE THAT THE DEPOSIT, PLUS ANY INTEREST ACCRUED THEREON, IS A FAIR AND REASONABLE AMOUNT TO BE RETAINED BY SELLER AS AGREED AS LIQUIDATED DAMAGES IN LIGHT INCURRED BY SELLER AND SHALL NOT CONSTITUTE A PENALTY OR A FORFEITURE. BY PLACING ITS INITIALS BELOW, EACH PARTY SPECIFICALLY CONFIRMS THE ACCURACY OF THE STATEMENTS MADE ABOVE AND THE FACT THAT EACH PARTY WAS REPRESENTED BY COUNSEL WHO EXPLAINED, AT THE TIME THIS AGREEMENT WAS MADE, THE CONSEQUENCES OF THIS LIQUIDATED DAMAGES PROVISION. INITIALS: SELLER: BUYER: (b) Default By Seller; Other Failure To Consummate Agreement. IN THE EVENT OF ANY DEFAULT ON THE PART OF SELLER UNDER THIS AGREEMENT, WHICH SELLER FAILS TO CURE WITHIN TEN (10) DAYS FOLLOWING RECEIPT OF A WRITTEN NOTICE, BUYER SHALL HAVE SOLE AND ONLY REMEDIES HEREUNDER TO THE EXCLUSION OF ALL OTHER POTENTIAL REMEDIES, TO EITHER (I) TERMINATE THIS AGREEMENT AND RECEIVE THE DEPOSIT AND IF, THEN PAID BY BUYER, THE ESCROW EXTENSION DEPOSIT, PLUS ANY INTEREST ACCRUED THEREON, IN WHICH EVENT THIS AGREEMENT SHALL AUTOMATICALLY TERMINATE AND BE OF NO FURTHER FORCE OR EFFECT AND NEITHER PARTY SHALL HAVE ANY FURTHER RIGHTS OR OBLIGATIONS HEREUNDER, OTHER THAN PURSUANT TO ANY PROVISION HEREOF WHICH EXPRESSLY SURVIVES THE TERMINATION OF THIS AGREEMENT; or (II) BRING AN ACTION FOR SPECIFIC PERFORMANCE. INITIALS: SELLER: BUYER: Section 17. Time of the Essence. Time is of the essence with respect to the Close of Escrow and all of the provisions of this Agreement. Section 18. Miscellaneous. (a) This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and together shall constitute one and the same agreement, with one counterpart being delivered to each party hereto. Page 158 of 209 (b) All periods of time referred to in this Agreement shall include all Saturdays, Sundays and state or national holidays, provided that if the date or last date to perform any act or give any notice with respect to this Agreement shall fall on a Friday, Saturday, Sunday or state or national holiday, such act or notice may be timely performed or given on the next succeeding day which is not a Friday, Saturday, Sunday or state or national holiday. (c) The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render the other provisions hereof unenforceable, invalid, or illegal. Section 19. Entire Agreement (a) This Agreement and the exhibits attached hereto constitute the entire understanding and Agreement of the parties. (b) This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto with respect to the Property. (c) The headings to the paragraphs of this Agreement are for convenience of reference only, do not form a part of this Agreement and shall not in any way affect its interpretation. REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY Page 159 of 209 IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the dates set forth below. SELLER: CITY OF PALM DESERT, a California charter city By: __________________________________ Date: August 24, 2023 L. Todd Hileman, City Manager ATTEST: APPROVED AS TO LEGAL FORM: By: ____________________________ By: __________________________ Anthony J. Mejia, City Clerk Best Best & Krieger, City Attorney Date: August 24, 2023 Date: August 24, 2023 BUYER: Maureen Gage and Stephen P. Yinger By: ____________________________ Date: ___________________ Maureen Gage By: ____________________________ Date: ___________________ Stephen P. Yinger Page 160 of 209 Legal Description All of that PROPERTY situated in the County of Riverside, State of California, and commonly known as Lot 18 MB 028/018, CA; which property is bounded and described as: Lot 18, Unit #1 Shadow Mountain Park Estates as shown on Map on file in Book 28, pages 18 and 19 of Maps, Records of Riverside County. And more commonly known as :45-656 Mountain View Ave., Palm Desert, CA 92260 TAX PARCEL NUMBER: 627-351-024-8 SUBJECT TO the Restrictions, Conditions, Covenants, Rights, Rights of Way, and Easements now of record, if any. Page 161 of 209 EXHIBIT B Form of Deed [See attached] Page 162 of 209 RECORDING REQUESTED BY AND AFTER RECORDATION MAIL TO: City of Palm Desert 73510 Fred Waring Drive Palm Desert, California 92260 Attn: Director of Economic Development This document is exempt from the payment of a recording fee pursuant to Government Code §§ 6103, 27383 GRANT DEED For valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor Grantee Property City of Palm Desert, County of Riverside, California, known as [PROPERTY ADDRESS] and more particularly described in Attachment No. 1 attached hereto and incorporated in this grant Grant Deed Covenants. Grantee expressly covenants and agrees for itself, its successors and assigns and all persons claiming under or through it, that Grantee and all such successors and assigns and all persons claiming under or through it, that in the event the Property is developed or redeveloped, the Property shall be subject to the covenant set forth in Section 2 of this Grant Deed. Residential Development Covenant. If ten (10) or more residential units are developed on the Property, not less than 15 percent of the total number of residential units developed on the Property shall be sold or rented at affordable housing cost, as defined in Section 50052.5 of the California Health and Safety Code, or affordable rent, as defined in Section 50053 of the California Health and Safety Code, to lower income households, as defined in Section 50079.5 of the California Health and Safety Code. Rental units shall remain affordable to and occupied by lower income households for a period of 55 years for rental housing and 45 years for ownership housing. The initial occupants of all ownership units shall be lower income households, and the units shall be subject to an equity sharing agreement consistent with the provisions of paragraph (2) of subdivision (c) of 65915 of the California Government Code. These requirements shall be covenants or restrictions running with the land and shall be Page 163 of 209 enforceable against any owner who violates a covenant or restriction and each successor-in- interest who continues the violation by any of the entities described in subdivisions (a) to (f), inclusive, of Section 54222.5 of the California Government Code. . By its execution of this Grant Deed, Grantee has acknowledged and accepted the provisions hereof. Counterparts. This Grant Deed may be executed in counterparts, each of which shall be deemed an original and all of which taken together shall constitute one and the same instrument. GRANTOR: City of Palm Desert, a California charter city Date: _______________________, 20__ By: [form document do not execute] _________________, Agency Manager [SIGNATURE MUST BE NOTARIZED] ATTEST: ___________________________, City Clerk APPROVED AS TO FORM: _________________, City Attorney GRANTEE: _______________________________, a _____________________________________ Page 164 of 209 Date: _______________________, 20__ By: [form document do not execute] Name: [SIGNATURE MUST BE NOTARIZED] Title: Date: _______________________, 20__ By: [form document do not execute] Name: [SIGNATURE MUST BE NOTARIZED] Title: Page 165 of 209 ACKNOWLEDGMENTS A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of San Bernardino ) On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of San Bernardino ) On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Page 166 of 209 72500.00000\41707323.1 ATTACHMENT NO. 1 LEGAL DESCRIPTION PROPERTY All of that PROPERTY situated in the County of Riverside, State of California, and commonly known as Lot 18 MB 028/018, CA; which property is bounded and described as: Lot 18, Unit #1 Shadow Mountain Park Estates as shown on Map on file in Book 28, pages 18 and 19 of Maps, Records of Riverside County. And more commonly known as :45-656 Mountain View Ave., Palm Desert, CA 92260 TAX PARCEL NUMBER: 627-351-024-8 SUBJECT TO the Restrictions, Conditions, Covenants, Rights, Rights of Way, and Easements now of record, if any. Page 167 of 209 72500.00000\41707323.1 2 EXHIBIT C MEMORANDUM OF OPTION [See attached] Page 168 of 209 72500.00000\41707323.1 3 Recording Requested By and Upon Recordation Return To: City of Palm Desert 73510 Fred Waring Drive Palm Desert, California 92260 Attn: Director of Economic Development MEMORANDUM OF OPTION THIS MEMORANDUM OF OPTION ("Memorandum") is made and entered into as of October ___, 2023, by and between MAUREEN GAGE and STEPHEN P. YINGER (collectively, "Optionor"), and CITY OF PALM DESERT ("Optionee"). RECITALS A. Optionor and Optionee previously entered into that certain Purchase and Sale Agreement and Escrow Instructions dated as of October ____, 2023 (the "Agreement"), pursuant to which Optionor acquired from Optionee that certain real property described on Exhibit "A" attached hereto and made a part hereof (the "Property"). B. Pursuant to the terms of the Agreement, Optionor granted to Optionee the option to repurchase the Property from Optionor in the event Optionor failed to meet certain obligations as set forth in the Agreement. B. Optionor and Optionee desire to enter into and record this Memorandum so that third parties may have notice of the NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Optionor and Optionee hereby agree as follows: 1. Grant of Option. Optionor hereby grants to Optionee, and Optionee hereby accepts from Optionor, the right and option to purchase the Property for the price, the duration, and upon the terms and conditions set forth in the Agreement. 2. Interpretation. The purpose of this Memorandum is to give notice of the existence of the Agreement and the need for all interested parties to inquire further about the terms and conditions of the Agreement. Except as otherwise defined herein, the terms used in this Memorandum shall have the same meaning as set forth for those terms in the Agreement. If there is any inconsistency between any provisions of this Memorandum and any provisions of the Agreement, the provisions of the Agreement shall control. Page 169 of 209 72500.00000\41707323.1 4 3. Cancellation of Memorandum. Upon the recordation of a grant deed which is executed and acknowledged by Optionor and which conveys the Property to Optionee, or upon the recordation of a quitclaim deed which is executed and acknowledged by Optionee and which quitclaims Optionee's interest in the Property to Optionor, this Memorandum shall no longer serve any purpose and it will no longer be necessary for third parties to have notice of the existence of the Agreement and/or this Memorandum. Upon either such recordation, this Memorandum shall be nullified and of no further force or effect and this Memorandum and the Agreement shall not be matters of record with respect to the Property. Optionor and Optionee hereby authorize and direct any and all issuers of title insurance with respect to all or any portion of the Property not to indicate the Memorandum or the Agreement as matters affecting the condition of title to all or any portion of the Property following the recordation of the grant deed or the quitclaim deed described above. 4. Counterparts. This Memorandum may be executed in any number of counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. [SIGNATURES ON FOLLOWING PAGE] Page 170 of 209 72500.00000\41707323.1 5 IN WITNESS WHEREOF, Optionor and Optionee have executed this Memorandum of Option as of the date first set forth above. OPTIONOR: ____________________________ Date: ___________________ Maureen Gage ____________________________ Date: ___________________ Stephen P. Yinger OPTIONEE: CITY OF PALM DESERT, a California charter city By: __________________________________ Date: ____________________ L. Todd Hileman, City Manager ATTEST: APPROVED AS TO LEGAL FORM: By: ____________________________ By: __________________________ Anthony Mejia, MMC, City Clerk City Attorney, Best Best & Krieger LLP Date: __________________________ Date: ________________________ Page 171 of 209 6 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) ) ss. County of ________________) On _________________________, 20__, before me, __________________________________ (insert name and title of the officer) personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ______________________________ ( S e a l ) Page 172 of 209 7 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) ) ss. County of ________________) On _________________________, 20__, before me, __________________________________ (insert name and title of the officer) personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ______________________________ ( S e a l ) Page 173 of 209 8 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) ) ss. County of ________________) On _________________________, 20__, before me, __________________________________ (insert name and title of the officer) personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ______________________________ ( S e a l ) Page 174 of 209 9 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY All of that PROPERTY situated in the County of Riverside, State of California, and commonly known as Lot 18 MB 028/018, CA; which property is bounded and described as: Lot 18, Unit #1 Shadow Mountain Park Estates as shown on Map on file in Book 28, pages 18 and 19 of Maps, Records of Riverside County. And more commonly known as :45-656 Mountain View Ave., Palm Desert, CA 92260 TAX PARCEL NUMBER: 627-351-024-8 SUBJECT TO the Restrictions, Conditions, Covenants, Rights, Rights of Way, and Easements now of record, if any. Page 175 of 209 Page 176 of 209 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: January 25, 2024 PREPARED BY: Eric Ceja, Director of Economic Development REQUEST: APPROVE THE SECOND AMENDMENT TO DEVELOPMENT AGREEMENT 98-1 BETWEEN THE CITY OF PALM DESERT AND MARRIOTT OWNERSHIP RESORTS, INC. RECOMMENDATION: 1. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PALM DESERT AND MARRIOTT OWNERSHIP RESORTS, INC., CASE NO. DA 98-1, AMENDMENT NO. 2.” 2. Approve the Second Amendment to the Development Agreement (DA 98 -1) between the City of Palm Desert and Marriott Ownership Resorts, Inc. 3. Authorize the City Manager to execute the Second Amendment to the Development Agreement. 4. Authorize the City Attorney to make necessary, non-monetary changes to the Second Amendment to the Development Agreement. 5. Authorize adjustment of $1,600,000 to Timeshare Mitigation Revenue Account Number 1100000-3122900. BACKGROUND/ANALYSIS: In 1998, the City of Palm Desert approved a Development Agreement (“DA”) with Marriott Ownership Resorts (“Marriott”), for the development of the Marriott Shadow Ridge Golf Club, located at the southeast corner of Monterey Avenue and Gerald Ford Drive. The agreement required the development of an 18-hole golf course with approximately 1,200 timeshare units. Additionally, Marriott was to remit a facilities fee equivalent to $30 per week, per unit, and subject to increases in the consumer price index (CPI), to the City for a period of 20 years. The initial 20- year term of the DA has been extended through an amendment and expires in December 2030. Legal Review: This report has been reviewed by the City Attorney’s office. Strategic Plan: 1. Land Use, Housing, and Open Space, Priority 2: “Facilitate the development of high- quality housing for people of all income levels.” 2. Land Use, Housing, and Open Space, Priority 5: “Utilize progressive land use policies and standards to support ongoing and future needs.” Page 177 of 209 City of Palm Desert Second Amendment to Development Agreement 98-1 Page 2 of 2 Project Description: In 2020, Marriot approached the City and expressed that the timeshare market is saturated in the Coachella Valley, and they would like to pursue other options including the development of single-family homes with the Shadow Ridge development. In late 2022, Marriott returned to the City with a proposal to convert roughly 18.75-acres of undeveloped land to 93 higher-end single family homes rather than the remaining timeshare units. City staff expressed concerns with the loss of revenue from the facilities fee as the new single -family homes would not be subject to the fee. In lieu of the additional facilities fee the second amendment to the Development Agreement anticipates: - A one-time $1.6M payment to the City from Marriott upon sale of the property to Toll Brothers, Inc., for the development of the 93 homes. The new homes are situated in a zoning district which allows for short-term rentals. However, there are no current projections on how much additional TOT would be generated from this site. The Second Amendment to the Development Agreement is limited to Marriott’s remittance of $1.6M to the City of Palm Desert upon the transfer of 18.75 -acres to Toll Brothers. A separate Development Agreement will be processed with the planning entitlements that Toll Brothers brings forwards for consideration through a separate public hearing process. The Development Agreement for Toll Brothers also anticipates: - The creation of a Community Facilities District (“CFD”) for the 18.75 acres. The developer projects that the CFD may generate $204,600+ to the City in year 1. The benefit of a CFD is that it will run in perpetuity and may pay for on-going public service costs such as streets, water, sewage, drainage, electricity, parks, and public safety to newly developing areas. CFD’s may also pay for infrastructure, but that is not in this plan. FINANCIAL IMPACT: Approval of this amendment will result in the City forgoing the facilities fee for the remaining timeshare units and accept the creation of a CFD for services; and one-time in-lieu fee of $1,600,000 to the General Fund. ATTACHMENTS: 1. DRAFT Second Amendment to Development Agreement 98 -1 2. City Council Public Hearing Notice 3. City Council Resolution 4. Planning Commission Resolution No. 2848 Page 178 of 209 RECORDING REQUESTED BY AND AFTER RECORDATION MAIL TO: Office of the City Clerk City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 This document is exempt from the payment of a recording fee pursuant to Government Code §§ 6103, 27383 (Space Above This Line for Recorder’s Use Only) Second Amendment to Development Agreement Between City of Palm Desert a California Charter City and Municipal Corporation and Marriott Ownership Resorts, Inc. a Delaware Corporation Legal Description of Property Marriott Shadow Ridge 9003 Shadow Ridge Road, Palm Desert, California Resolution No. ____ (Case No. DA 98-1, Amendment No. 2) Dated: _______________ Page 179 of 209 IRV #4815-1362-3037 v6 890577-2 RECORDING REQUESTED BY AND AFTER RECORDATION MAIL TO: Office of the City Clerk City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 This document is exempt from the payment of a recording fee pursuant to Government Code §§ 6103, 27383 (Space Above This Line for Recorder’s Use Only) SECOND AMENDMENT TO DEVELOPMENT AGREEMENT This SECOND AMENDMENT TO DEVELOPMENT AGREEMENT (DA 98-1) (“Second Amendment”) is made and entered into as of the ____ day of ____, 2024 (the “Effective Date”), by and between the CITY OF PALM DESERT, a California charter city and m unicipal corporation (“City”) and MARRIOTT OWNERSHIP RESORTS, INC., a Delaware corporation (“Developer”) and is made with reference to the background facts and circumstances set forth in the Recitals below. RECITALS A. On December 10, 1998, the City and Developer did enter into Development Agreement DA 98-1 (adopted as Ordinance No. 888) (“Development Agreement”) for Marriott Shadow Ridge, a timeshare development; B. On April 13, 2017, the City and Developer did enter into the First Amendment to Development Agreement DA 98-1, Amendment No. 1 (adopted as Ordinance No. 1320) extending the term of the Development Agreement for an additional ten (10) years through December 2030; C. Due to unprecedented and unanticipated economic conditions, development of Designated Remainder Parcels 4 and 5 of Tract 28818-1 as shown by map on file in Book 289, Pages 15 through 29 of Maps, in the official records of Riverside County, California (the “Subject Property”) has not occurred as originally contemplated; D. Developer has negotiated the sale of the Subject Property to Toll Bros., Inc. for its planned development of ninety-three (93) single-family homes; Page 180 of 209 IRV #4815-1362-3037 v6 890577-2 E. City and Developer agree that continued development of the Subject Property is in the best interests of the City and the Developer; F. City and Developer now desire to amend DA 98-1 to accommodate the development of planned unit development of ninety-three (93) single family residential homes on the rather than time share units, subject to the consummation of the sale of the Subject Property to Toll Bros., Inc.; NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants contained herein, the parties hereto agree as follows: 1. Termination. Section 6, Termination, of the Development Agreement is amended by adding a new subsection 6.6 thereto to read as follows: 6.6 The consummation of the sale of the Designated Remainder Parcels 4 and 5 of Tract 28818-1 as shown by map on file in Book 289, Pages 15 through 29 of Maps, in the official records of Riverside County, California (the “Subject Property”) pursuant to a Purchase and Sale Agreement (“PSA”) by and between Developer and Toll Bros., Inc. as evidenced by (a) delivery to the City of a certified copy of the recorded grant deed conveying fee title to the Subject Property from Developer to Toll Bros., Inc. (or a single purpose development entity controlled by Toll Bros. Inc.), (b) the payment by the escrow holder under the PSA to the City in the amount of ONE MILLION SIX HUNDRED THOUSAND AND 00/100 DOLLARS ($1,600,000.00) from the proceeds of the sale of the Property, such payment being made in lieu of the Weekly Facilities Fee to which the City may otherwise be entitled to receive in connection with the Subject Property pursuant to the Development Plan contemplated hereunder, and (c) delivery by City to Developer of a certified copy of a resolution releasing the Subject Property from the Precise Plan/Conditional Use Permit 98-5, approved by City Council Resolution 98-108. Notwithstanding anything contained herein to the contrary, any termination pursuant to this Section 6.6 shall be with respect to the Subject Property only, and this Agreement shall remain in full force and effect with respect to the remainder of the Property, which remaining Property shall continue to be subject to and benefitted by this Agreement and the Precise Plan/Conditional Use Permit 98-5, approved by City Council Resolution 98-108, as each has been or may be amended from time to time. Page 181 of 209 IRV #4815-1362-3037 v6 890577-2 2. Counterparts. This Second Amendment may be executed in one or more counterparts, each of which shall be deemed an original and all of which taken together shall constitute one and the same instrument. 3. Continued Effectiveness of Development Agreement. Except as otherwise amended herein, all terms and conditions of the Development Agreement remain in full force and effect. [Signatures appear on following pages] [Remainder of page intentionally left blank] Page 182 of 209 IRV #4815-1362-3037 v6 890577-2 IN WITNESS WHEREOF the parties hereto have entered into this Second Amendment as of the date and year first above written. CITY: Date: _____________, 2024 CITY OF PALM DESERT, a charter city and municipal corporation By:___________________________ KARINA QUINTANILLA MAYOR ATTEST: By:_______________________ ANTHONY J. MEJIA, MMC CITY CLERK APPROVED AS TO FORM: By:_______________________ ISRA SHAH CITY ATTORNEY Page 183 of 209 IRV #4815-1362-3037 v6 890577-2 Date: ___________, 2024 DEVELOPER: MARRIOTT OWNERSHIP RESORTS, INC., a Delaware corporation By:_________________________ Name: Title: By:_________________________ Name: Title: APPROVED AS TO FORM: By:_____________________ COUNSEL Page 184 of 209 IRV #4815-1362-3037 v6 890577-2 NOTE: ALL SIGNATURES MUST BE IN BLUE INK AND INCLUDE NOTARY ACKNOWLEDGMENTS PER CALIFORNIA CIVIL CODE SEC. 1180 ET. SEQ. ACKNOWLEDGMENTS A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of ________________ ) On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Page 185 of 209 IRV #4815-1362-3037 v6 890577-2 ACKNOWLEDGMENTS A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of ______________________ ) On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Page 186 of 209 Summary report: Litera Compare for Word 11.3.1.3 Document comparison done on 10/13/2023 2:24:38 PM Style name: Default Style Intelligent Table Comparison: Active Original DMS: iw://imanage.ad.mvwcorp.com/IMANAGE_MVW/890577/1 Modified DMS: iw://imanage.ad.mvwcorp.com/IMANAGE_MVW/890577/2 Changes: Add 12 Delete 6 Move From 0 Move To 0 Table Insert 0 Table Delete 0 Table moves to 0 Table moves from 0 Embedded Graphics (Visio, ChemDraw, Images etc.) 0 Embedded Excel 0 Format changes 0 Total Changes: 18 Page 187 of 209 Page 188 of 209 CITY OF PALM DESERT PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, TO CONSIDER APPROVAL OF THE SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PALM DESERT AND MARRIOTT OWNERSHIP RESORTS, INC. PROJECT LOCATION/DESCRIPTION: PROJECT LOCATION: Shadow Ridge Golf Club; 9002 Shadow Ridge Road PROJECT DESCRIPTION: In 1998, the City of Palm Desert (“City”) and Marriott Ownership Resorts, Inc., (“Marriott”) entered into a Development Agreement (DA 98-1) to establish the Shadow Ridge Golf Club. The Club encompasses 300+ acres along Monterey Avenue, north of Frank Sinatra Drive, and was intended to develop in six (6) separate phases and construct up to 999 timeshare units and associated amenities. Due to changing market conditions, Marriott now wishes to amend the Development Agreement and sell-off nearly 19-acres to a national home builder for the construction of 93-single-family homes. To effectuate this change an amendment to the Development Agreement is necessary. In exchange for the changes in the land -use plan of Shadow Ridge, the City and Marriott have agreed that Marriott will provide the City a portion of the land sale price and establish a Service CFD for the new single-family subdivision. PLANNING COMMISSION RECOMMENDATION: The Planning Commission for the City of Palm Desert did hold a duly noticed public hearing to consider the Second Amendment to the Development Agreement on December 19, 2023. The Planning Commission adopted Resolution 2848 unanimously recommending approval of the proposed amendment to the City Council. PUBLIC HEARING: NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Desert, California, will hold a Public Hearing at its meeting on January 25, 2024. The City Council meeting begins at 4:00 p.m. in the Council Chamber located at 73510 Fred Waring Drive, Palm Desert, California. Pursuant to Assembly Bill 361, this meeting may be conducted by teleconference. There will be in-person access to the meeting location. Options for remote participation will be listed on the Posted Agenda for the meeting at: https://www.palmdesert.gov/our-city/mayor-and- city-council-/city-council-meeting-information-center REVIEW OF PROJECT INFORMATION: Information concerning the proposed amendment to the Development Agreement is available for review in the Office of the City Clerk at 73510 Fred Waring Drive, Palm Desert, California, during regular business hours, and on the City’s website at https://www.palmdesert.gov/our-city/mayor-and-city-council-/city-council-meeting-information- center. COMMENT ON THIS APPLICATION: Response to this notice may be made as follows:  Written comments may be submitted to the City Council by letter to the address below or email at CouncilMeetingComments@palmdesert.gov. Transmittal prior to the start of the meeting is required. Any correspondence received during or after the meeting will be distributed to the City Council as soon as practicable and retained for the official record. Any challenge of the proposed project in court may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior, to the public hearing. (Government Code Section 65009[b][2]). Si necesita ayuda con esta notificación por favor llame a la Ciudad de Palm Desert y comuníquese con Gloria Sanchez (760) 346-0611 ext. 354. PUBLISH: DESERT SUN ANTHONY J. MEJIA, MMC, CITY CLERK JANUARY 13, 2024 CITY OF PALM DESERT, CALIFORNIA Page 189 of 209 Page 190 of 209 RESOLUTION NO. 2024- ____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PALM DESERT AND MARRIOTT OWNERSHIP RESORTS, INC., CASE NO. DA 98-1, AMENDMENT NO. 2 WHEREAS, a Precise Plan (PP) and Conditional Use Permit (CUP) for the Marriott Shadow Ridge (‘Project”) was originally approved, subject to conditions by the City Council on November 12, 1998, pursuant to Resolution No. 98-108; and WHEREAS, the original Project approval was processed pursuant to a Mitigated Negative Declaration, which was certified on November 12, 1998; and WHEREAS, the City Council did, at their meeting on December 10, 1998, approve Development Agreement 98-1 (adopted as Ordinance No. 888) (“DA 98-1”) with Marriott Ownership Resorts, Inc. for Marriott Shadow Ridge, a timeshare project; and WHEREAS, the Planning Commission did, at its meeting on February 17, 2015, approve a two-year extension for DA 98-1 through December 2020; and WHEREAS, the Planning Commission did, at its meetings on February 21, 2017, hold a duly noticed public hearing to consider the request for approval of an extension to DA 98-1, Amendment No. 1, to extend the term of DA 98-1 through December 10, 2030, and did recommend approval of the said request to the City Council by its Resolution No. 2689; and WHEREAS, at said public hearing on March 23, 2017, the City Council heard and considered all testimony and arguments of interested persons regarding the request by Marriott Ownership Resorts, Inc., for approval of the DA 98-1, Amendment No. 1; and WHEREAS, the City Council did, at their meeting on March 23, 2017, approve DA 98-1, Amendment No. 1 (adopted as Ordinance No. 1320) to extend the term of DA 98-1 through December 10, 2030; and W HEREAS, due to unprecedented and unanticipated economic conditions, the development of Designated Remainder Parcels 4 and 5 of Tract 28818-1, as shown by the map on file in Book 289, Pages 15 through 29 of Maps, in the official records of Riverside County, California (the “Subject Property”) has not occurred as originally contemplated in DA 98-1; and WHEREAS, the Developer now desires to amend DA 98-1 to provide for its termination in the event of a consummated sale of the Subject Property; and WHEREAS, the Palm Desert General Plan Land Use Designation of the site is Resort & Entertainment District; and Page 191 of 209 2 Resolution No. 2024-___ Page 2 WHEREAS, the amendment to the Development Agreement (DA) for termination in the event of a consummated sale of the Subject Property is consistent with the General Plan; and W HEREAS, the Planning Commission of the City of Palm Desert, California, did on the 19TH day of December 2023, hold a duly noticed public hearing and adopted Resolution 2848 recommending approval of the Second Amendment to the DA to the City Council; and WHEREAS, The City of Palm Desert (City), in its capacity as the Lead Agency for this project and pursuant to the (CEQA), has determined that the original DA was analyzed under a Mitigated Negative Declaration and not changes to the project and built environment are proposed at this time which would necessitate further review. The proposed modifications to the Development Agreement will not result in any physical alterations to the existing project previously analyzed under the previously prepared MND. The proposed amendments to the DA do not alter the physical environment and qualify for a CEQA exemption under Guidelines Section 15061(b)(3) and there is no substantial evidence that there is any possibility that the activity in question may have a significant effect on the environment. WHEREAS, the City Council of the City of Palm Desert, California, did on the 25th day of January, 2024, did hold a duly notices public hearing to consider the request by Marriott Ownership Resorts, Inc.,, and considering all testimony and arguments, if any, of all interested persons desiring to be heard, approved said request. NOW , THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: SECTION 1. Recitals; Findings. The City Council finds and determines that the recitals set forth above are true and correct, that the recitals are incorporated herein by this reference, and that the recitals constitute the City Council’s findings for approval of DA 98-1, Amendment No. 2. SECTION 2. Approval. DA 98-1, Amendment No. 2, attached hereto as Exhibit “A” and incorporated herein by this reference, is hereby approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: 1. That the above recitations are true and correct and constitute the findings for approval of the City Council in this case. 2. That the City Council does hereby approve the Second Amendment to DA 98-1. Page 192 of 209 3 Resolution No. 2024-___ Page 3 ADOPTED ON ________________. KARINA QUINTANILLA MAYOR ATTEST: ANTHONY J. MEJIA, MMC CITY CLERK I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2024-___ 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 ______________. ANTHONY J. MEJIA, MMC CITY CLERK Page 193 of 209 4 Resolution No. 2024-___ Page 4 EXHIBIT A Page 194 of 209 5 Resolution No. 2024-___ Page 5 Page 195 of 209 6 Resolution No. 2024-___ Page 6 Page 196 of 209 7 Resolution No. 2024-___ Page 7 Page 197 of 209 8 Resolution No. 2024-___ Page 8 Page 198 of 209 9 Resolution No. 2024-___ Page 9 Page 199 of 209 Page 200 of 209 I I I PLANNING COMMISSION RESOLUTION NO. 2848 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF THE SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PALM DESERT AND MARRIOTT OWNERSHIP RESORTS, INC. CASE NO: DA 98-1, AMENDMENT NO. 2 WHEREAS, a Precise Plan (PP) and Conditional Use Permit (CUP) for the Marriott Shadow Ridge ('Project") was originally approved, subject to conditions by the City Council on November 12, 1998, pursuant to Resolution No. 98-108; and WHEREAS, the original Project approval was processed pursuant to a Mitigated Negative Declaration, which was certified on November 12, 1998; and WHEREAS, the City Council did, at their meeting on December 10, 1998, approve Development Agreement 98-1 {adopted as Ordinance No. 888) ("DA 98-1") with Marriott Ownership Resorts, Inc. for Marriott Shadow Ridge, a timeshare project; and WHEREAS, the Planning Commission did, at its meeting on February 17, 2015, approve a two-year extension for DA 98-1 through December 2020; and WHEREAS, the Planning Commission did, at its meetings on February 21, 2017, hold a duly noticed public hearing to consider the request for approval of an extension to DA 98-1, Amendment No. 1, to extend the term of DA 98-1 through December 10, 2030, and did recommend approval of the said request to the City Council by its Resolution No. 2689; and WHEREAS, at said public hearing on March 23, 2017, the City Council heard and considered all testimony and arguments of interested persons regarding the request by Marriott Ownership Resorts, Inc., for approval of the DA 98-1, Amendment No. 1; and WHEREAS, the City Council did,' at their meeting on March 23, 2017, approve DA 98-1, Amendment No. 1 (adopted as Ordinance No. 1320) to extend the term of DA 98-1 through December 10, 2030; and WHEREAS, due to unprecedented and unanticipated economic conditions, the development of Designated Remainder Parcels 4 and 5 of Tract 28818-1, as shown by the map on file in Book 289, Pages 15 through 29 of Maps, in the official records of Riverside County, California (the "Subject Property") has not occurred as originally contemplated in DA 98-1; and WHEREAS, the Developer now desires to amend DA 98-1 to provide for its termination in the event of a consummated sale of the Subject Property; and WHEREAS, the Palm Desert General Plan Land Use Designation of the site is Resort & Entertainment District; and Page 201 of 209 PLANNING COMMISSION RESOLUTION NO. 2848 WHEREAS, the amendment to the Development Agreement (DA) for termination in the event of a consummated sale of the Subject Property is consistent with the General Plan; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 19TH day of December 2023, hold a duly noticed public hearing to consider the request by Marriott Ownership Resorts, Inc., for approvaJ'of the above-noted; and WHEREAS, The City of Palm Desert (City), in its capacity as the Lead Agency for this project and pursuant to the (CEQA), has determined that the original DA was analyzed under a Mitigated Negative Declaration and not changes to the project and built environment are proposed at this time which would necessitate further review. The proposed modifications to the Development Agreement will not result in any physical alterations to the existing project previously analyzed under the previously prepared MND. The proposed amendments to the DA do not alter the physical environment and qualify for a CEQA exemption under Guidelines Section 15061 (b)(3) and there is no substantial evidence that there is any possibility that the activity in question may have a significant effect on the environment. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find that the facts and reasons, which are outlined in the staff report, sufficient to recommend approval of said request to the City Council. I NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of I Palm Desert, California, as follows: SECTION 1. Recitals; Findings. The Planning Commission finds and determines that the recitals set forth above are true and correct, that the recitals are incorporated herein by this reference, and that the recitals constitute the Planning Commission's findings for recommending approval of DA 98-1, Amendment No. 2. SECTION 2. Recommendation. DA 98-1, Amendment No. 2, attached hereto as Exhibit "A" and incorporated herein by this reference, is hereby recommended for approval. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: 1. That the above recitations are true and correct and constitute the findings for approval of the Planning Commission in this case. 2. That the Planning Commission does hereby recommend approval of the Second Amendment to DA 98-1 to the City Council. 2 I Page 202 of 209 I I I PLANNING COMMISSION RESOLUTION NO. 2848 ADOPTED ON DECEMBER 19 , 2023. SON ATTEST : ~ RICHARD D. CANNON E, AICP SECRETAR Y I, Richard D . Cannone , AICP , Secretary of the City of Palm Desert, hereby certify th at Resolution No . 2848 is a full , true , and correct copy, and was duly adopted at a regu lar meeting of the Planning Commission of the City of Palm Desert on December 19 , 2023, by the following vote: AYES : GREENWOOD , HOLT, GREGORY, PRADETTO NOE S: NONE ABSENT: DELUNA ABSTAIN: NONE RECUSED : NONE IN WITNESS WHEREOF , I have hereunto se t my hand and affixed the official seal of th e City of Palm Desert, California, on ,~ ,~ 3 RICHARD D. CANNONE , AICP SECRETARY Page 203 of 209 PLANNING COMMISSION RESOLUTION NO. 2848 EXHIBIT A RECORDING REQUESTED BY AND AFTER RECORDATION MAIL TO: Office of the City Clerk City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 This document is exempt from the payment of a recording fee pursuant to Government Code§§ 6103, 27383 (Space Above This Line for Recorder's Use Only) SECOND AMENDMENT TO DEVELOPMENT AGREEMENT This SECOND AMENDMENT TO DEVELOPMENT AGREEMENT (DA 98-1) ("Second Amendment") is made and entered into as of the __ day of __ , 2023 (the "Effective Date"). by and between the CITY OF PALM DESERT, a California charter city and municipal corporation ("City") and MARRIOTT OWNERSHIP RESORTS, INC .. a Delaware corporation ('Developer") and is made with reference to the background facts and circumstances set forth in the Recitals below. RECITALS A. On December 10, 1998, the City and Developer did enter into Development Agreement DA 98-1 (adopted as Ordinance No. 888) ("Development Agreement") for Marriott Shadqw Ridge, a timeshare ,development; B. On April 13, 2017, the City and Developer did enter into the First Amendment to Development Agreement DA 98-1, Amendment No. 1 (adopted as Ordinance No. 1320) extending the term of the Development Agreement for an additional ten (10) years through December 2030; C. Due to unprecedented and unanticipated economic conditions, development of Designated Remainder Parcels 4 and 5 of Tract 28818-1 as shown by map on file in Book 289, Pages 15 through 29 of Maps, in the official records of Riverside County, California (the "Subject Property") has not occurred as originally contemplated; D, Developer has negotiated the sale of the Subject Property to Toll Bros., Inc. for its planned development of ninety-three (93) single-family homes; E. City and Developer agree that continued development of the Subject Property is in the best interests of the City and the Developer; 2 890577-2 4 I I I Page 204 of 209 I I I PLANNING COMMISSION RESOLUTION NO. 2848 F. City and Developer now desire to amend DA 98-1 to accommodate the development of planned unit development of ninety-three (93) single family residential homes on the rather than time share units, subject lo the consummation of the sale of the Subject Property to Toll Bros., Inc.; NOW, THEREFORE, In consideration of the above recitals and of the mutual covenants contained herein, the parties hereto agree as follows: 1. Termination. Section 6, Termination, of the Development Agreement Is amended by adding a new subsection 6.6 thereto to read as follows: 6.6 The consummation of the sale of the Designated Remainder Parcels 4 and 5 of Tract 28818-1 as shown by map on file In Book 289, Pages 15 through 29 of Maps, in the official records of Riverside County, California (the "Subject Property") pursuant to a Purchase and Sale Agreement ("PSA") by and between Developer and Toll Bros., Inc. as evidenced by (a) delivery to the City ofa certified copy of the record_ed grant deed conve,ying fee title to the Subj~ct Property frorri Developer to Toll Bros., Inc. (or a single purpose development entity controlled by Toll Bros. Inc.), (b) the payment by the escrow holder under the PSA to the City in the amount of ONE MILLION SIX HUNDRED THOUSAND AND 00/100 DOLLARS ($1,600,000.00) from the proceeds of the sale of the Property, such payment being made In lieu of the Weekly Facillties Fee to which the City may otherwise be entitled to receive in connection with the Subject Property pursuant to the Development Plan contemplated hereunder, and (c) delivery by City to Developer of a certified copy of a resolution releasing the Subject Property from the Precise Plan/Conditional Use Permit 98-5, approved by City Council Resolution 98-108. Notwithstanding anything contained herein to the contrary, any termination pursuantto this Section 6.6 shall be with respect to the Subject Property only, and this Agreement shall remain in full force and effect with respect to the remainder of the Property, which remaining Property shall continue to be subject to and benefitted by this Agreement and the Precise Plan/Conditional Use Permit 98--5, approved by City Council Resolution 98-108, as each has been or may be amended from time to time. 2. Counterparts. This Second Amendment may be executed in one or more counterparts, each of which shall be deemed an original and all of which taken together shall constitute one and the same instrument. 3 890577-2 5 Page 205 of 209 PLANNING COMMISSION RESOLUTION NO. 2848 3. Continued Effectiveness of Development Agreement. Except as otherwise amended herein, all terms and conditions of the Development Agreement remain in full force and effect. 890577-2 [Signatures appear on following pagesl [Remainder of page intentionally left blank] 4 6 I I I Page 206 of 209 I I I PLANNING COMMISSION RESOLUTION NO. 2848 IN WITNESS.WHEREOF the parties hereto have entered into this Second Amendment as of !he date and year first above written. Date: -~--~ 2023 ATTEST: By:_~------ Anthony Mejia, MMC City Clerk APPROVED AS TO FORM: By:=-,,---,,..,.,------- Robert Hargreaves City Attorney 890577-2 5 7 CITY OF PALM DESERT, a charter city and municipal corporation By:~~~------- Karina Quintanilla, Mayor Page 207 of 209 PLANNING COMMISSION RESOLUTION NO. 2848 Date: _____ .2023 APPROVED AS TO FORM: By:.~------- , Counsel DEVELOPER: MARRIOTT OWNERSHIP RESORTS, INC., a Delaware corporation By: ________ _ Name: Title: By:·-----~--- Name: Title: NOTE: ALL SIGNATURES MUST BE IN BLUE INK AND INCLUDE NOTARY ACKNOWLEDGMENTS PER CALIFORNIA CIVIL CODE SEC. 1180 ET. SEQ. 6 890577-2 8 I I I Page 208 of 209 I I I PLANNING COMMISSION RESOLUTION NO. 2848 ACKNOWLEDGMENTS A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Riverside On--------~ beiore me, ____________ ,. a Notary Public. personally appeared -------------~ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknovvledged to me that he/she/they executed. the Same in his/her/their authorized capacity0es). and that by his/her/their signature(s) on the instrument Iha parson(s), or Iha entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of CalWornia that Iha foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 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. Stale of California County of San Riverside ) ) On-~---~--~ before me,-----------~ a Notary Public. personally appeared -~-----~-~---• who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscriped •to the -within instrument and acknov.1edged 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 Iha person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of CalWomia that the foregoing parag_raph is true and correct. WITNESS my hand and official seal. Signature 9 Page 209 of 209