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Agenda Package - Palm Desert City Council - Regular Meeting_Apr25_2024
PALM DESERT CITY COUNCIL MEETING AGENDA Thursday, April 25, 2024 Closed Session - 3:45 p.m.; Regular Session - 4:00 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 - 3:45 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: 4.a Closed Session Meeting Minutes: March 28, 2024 4.b Conference with Real Property Negotiations pursuant to Government Code Section 54956.8 4.b.1 Property Description: Vacant lot west of Painter's Path, South of Fred Waring (APN 640-091-010) Agency: City of Palm Desert City Negotiator: Todd Hileman/Chris Escobedo/Eric Ceja Negotiating Parties: Chris Nelson Under Negotiation: Price and Terms 5.ROLL CALL - REGULAR MEETING - 4:00 P.M. 6.PLEDGE OF ALLEGIANCE Councilmember Nestande 7.INSPIRATION Councilmember Trubee 8.REPORT OF CLOSED SESSION City Attorney Shah 9.AWARDS, PRESENTATIONS, AND APPOINTMENTS 9.a RECOGNITION: GERALD DAWSON, PARKS AND RECREATION COMMITTEE 9.b PRESENTATION: WILDFLOWER FESTIVAL UPDATE 11 10.CITY MANAGER COMMENTS 10.a TOWN HALL MEETINGS 11.MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION City Council Meeting Page 2 of 496 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. 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 27 RECOMMENDATION: Approve the Minutes of April 11, 2024. 13.b APPROVAL OF WARRANT REGISTERS 37 RECOMMENDATION: Approve the warrant registers issued for April 12, 2024. 13.c RECEIVE AND FILE APPLICATIONS FOR ALCOHOLIC BEVERAGE LICENSES 53 RECOMMENDATION: Receive and file applications for alcoholic beverage licenses for: Palm Valley Country Club 76200 Country Club Dr., Palm Desert, California 92211 1. Monterey Country Club 41500 Monterey Ave., Palm Desert, California 92260-2173 2. Mojave Resort 73721 Shadow Mountain Drive, Palm Desert, California 92260-4841 3. 13.d ADOPTION OF ORDINANCE NO. 1410 RELATIVE TO THE PURCHASING SYSTEM AND PUBLIC WORKS CONTRACTS AND MAKING FINDINGS UNDER CEQA 65 RECOMMENDATION: Adopt Ordinance No. 1410 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REPLACING CHAPTER 3.30 IN ITS ENTIRETY AND RESCINDING ORDINANCES NO. 224, 423, 586, 927, 928, 986, 1162, 1166, 1204, 1229, 1276, 1317, 1335 AND 1392 RELATIVE TO THE PURCHASING SYSTEM AND PUBLIC WORKS CONTRACTS AND MAKING FINDINGS UNDER CEQA.” City Council Meeting Page 3 of 496 13.e ADOPTION OF ORDINANCE NO. 1411 TO ADOPT A ZONING ORDINANCE AMENDMENT TO IMPLEMENT RESIDENTIAL AND MIXED-USE OBJECTIVE DESIGN STANDARDS AND MAKING A FINDING OF EXEMPTION UNDER CEQA 95 RECOMMENDATION: Adopt Ordinance No. 1411 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT OF THE PALM DESERT MUNICIPAL CODE TO ADD CHAPTER 25.42 – MULTIFAMILY AND MIXED-USE OBJECTIVE DESIGN STANDARDS, AMENDING OTHER CHAPTERS OF TITLE 25 TO IMPLEMENT CITY-WIDE MULTIFAMILY AND MIXED-USE RESIENTIAL OBJECTIVE DESIGN STANDARDS AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, CASE NO. ZOA24-0001” 13.f RATIFY A LETTER OF SUPPORT FOR ASSEMBLY BILL 2485: RHNA TRANSPARENCY REFORM ACT 113 RECOMMENDATION: Ratify issuance of a letter of support for Assembly Bill 2485: Regional Housing Needs Assessment (RHNA) Transparency Reform Act. 13.g RESOLUTION TO AUTHORIZE DESTRUCTION OF OBSOLETE RECORDS FROM THE CITY CLERK AND CITY MANAGER DIVISIONS 119 RECOMMENDATION: Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND AUTHORIZING THE DESTRUCTION OF PAPER RECORDS FROM THE CITY CLERK AND CITY MANAGER DIVISIONS, AS INDICATED ON THE RECORDS RETENTION SCHEDULE (ADOPTED DECEMBER 15, 2022) RECORDS FROM 2005 THROUGH 2020" 13.h ACCEPT CONTRACT NO. C45010 AS COMPLETE FOR THE BRIDGE PREVENTATIVE MAINTENANCE PROGRAM (PROJECT NO. MFA00007) 127 RECOMMENDATION: Accept Contract C45010 with MLC Constructors, Inc., of Corona, California, for the Bridge Preventative Maintenance Program as complete. (Project MFA00007) 1. Authorize the Mayor to execute and the City Clerk to file the Notice of Completion. 2. City Council Meeting Page 4 of 496 13.i ACCEPT CONTRACT NO. C45210 AS COMPLETE FOR THE FISCAL YEAR 2022/23 CATCH BASIN AND DRAIN CLEANING PROJECT (PROJECT NO. CDR00002) 139 RECOMMENDATION: Accept Contract No. C45210 with United Storm Water, Inc., of City of Industry, California, for the Fiscal Year 2022/23 Catch Basin and Drain Cleaning Project as complete. (Project No. CDR00002) 1. Authorize the Mayor to execute and the City Clerk to file the Notice of Completion. 2. 13.j RECEIVE AND FILE UPDATE ON COMMUNITY HEROES MURAL 155 RECOMMENDATION: Receive and file update on Community Heroes mural to be installed at the City’s Corporate Yard. 13.k RELEASE THE GRADING BOND FOR THE MILLENNIUM APARTMENTS PROJECT 171 RECOMMENDATION: Release the Grading Bond for the Millennium Apartments Project in the full amount of $189,393.50. 13.l AUTHORIZE AND AWARD TKE ENGINEERING, INC., AS AN ADDITIONAL CONSULTANT TO THE ON-CALL CONSTRUCTION MANAGEMENT CONTRACT IN AN AGGREGATE AMOUNT NOT TO EXCEED $11,739,394 197 RECOMMENDATION: Authorize and award TKE Engineering, Inc., as an additional consultant to the On-Call Construction Management Contract in an aggregate amount not to exceed $11,739,394. 1. Authorize the City Manager to execute said agreements and subsequent task orders. 2. Direct the City Attorney, Director of Finance, and Director of Public Works/Capital Projects to review annual expenditures and performance of the vendors under said Agreement. 3. City Council Meeting Page 5 of 496 13.m RATIFY CHANGE ORDER NO. 1 TO CONTRACT NO. C46150 WITH THE VAN DYKE CORPORATION FOR HILARY STORM REPAIRS IN THE AMOUNT NOT TO EXCEED $609,760 251 RECOMMENDATION: Ratify Change Order No. 1 to Contract No. C46150 with the Van Dyke Corporation for Hilary Storm Repairs in an amount not to exceed $609,760. 1. Authorize the Director of Finance to set aside a contingency in an amount not to exceed $30,488. 2. Authorize the City Manager to review and approve written requests for the use of contingency per Section 3.30.170 B of the Palm Desert Municipal Code. 3. Authorize City Manager to execute the change order and any documents necessary to effectuate the actions taken herewith. 4. 13.n AWARD A CONTRACT TO WESTERN STATE BUILDERS FOR PALMA VILLAGE PARK IMPROVEMENTS IN AN AMOUNT NOT TO EXCEED $381,437 (PROJECT NO. MPK00007) 255 RECOMMENDATION: Waive any minor proposal irregularities and award a contract to Western State Builders, Inc., of Escondido, California, in an amount not to exceed $381,437 to construct improvements at Palma Village Park. 1. Authorize the Director of Finance to set aside $78,000 in contingency for unforeseen circumstances. 2. Appropriate $176,000 to CDBG Account No. 2204649-4400100, Palm Village Park Capital Project. 3. Authorize the City Manager to review and approve change orders for any unforeseen circumstances per Palm Desert Municipal Code Section 3.30.170. 4. Authorize the City Attorney to make any necessary, non-monetary changes to the Agreement. 5. Authorize the City Manager to execute said agreement and contract amendments as needed to complete said work. 6. 13.o APPROVE 2024/25 WORK PLAN FOR THE CULTURAL RESOURCE PRESERVATION COMMITTEE 339 RECOMMENDATION: Approve the Fiscal Year 2024/25 Annual Work Plan for the Cultural Resources Preservation Committee. 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 6 of 496 14.a INTRODUCE AN ORDINANCE ADDING CHAPTER 9.71 TO TITLE 9 (PUBLIC PEACE, MORALS AND WELFARE) OF THE PALM DESERT MUNICIPAL CODE, ESTABLISHING REGULATIONS PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS 345 RECOMMENDATION: Introduce an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 9.71 (UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER PROHIBITED) TO TITLE 9 (PUBLIC PEACE, MORALS AND WELFARE) OF THE PALM DESERT MUNICIPAL CODE, ESTABLISHING REGULATIONS PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS IN THE CITY.” 14.b REQUEST FOR OUT-OF-STATE TRAVEL FOR MAYOR QUINTANILLA TO ATTEND THE NALEO ANNUAL CONFERENCE IN LAS VEGAS, NEVADA 365 RECOMMENDATION: Authorize out-of-state travel for Mayor Quintanilla to attend the National Association of Latino Elected and Appointed Officials (NALEO) Annual Conference held on June 17-20, 2024, in Las Vegas, Nevada. 14.c ADOPT THE PALM DESERT RAIL STATION FEASIBILITY STUDY 391 RECOMMENDATION: Adopt the Palm Desert Rail Station Feasibility Study.1. Direct staff to submit the study to Riverside County Transportation Commission (RCTC) for their consideration to include in the Tier 2 study. 2. 14.d INTRODUCTION OF AN ORDINANCE OF THE CITY COUNCIL, AMENDING CHAPTER 2.74 OF THE PALM DESERT MUNICIPAL CODE TO ESTABLISH A PALM DESERT LIBRARY BOARD OF TRUSTEES AND LIBRARY ADVISORY COMMITTEE AND MAKING A FINDING OF EXEMPTION UNDER CEQA 465 RECOMMENDATION: Introduce an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 2.74 OF THE PALM DESERT MUNICIPAL CODE TO ESTABLISH A LIBRARY BOARD OF TRUSTEES AND LIBRARY ADVISORY COMMITTEE, AND MAKING A FINDING OF EXEMPTION UNDER CEQA.” City Council Meeting Page 7 of 496 14.e APPROVE RECOMMENDATIONS FOR UNIVERSITY DOG PARK PARKING AND EL PASEO MID-BLOCK CROSSWALKS 471 RECOMMENDATION: Approve additional street parking and a standard crosswalk with a Rectangular Rapid Flashing Beacon (RRFB) system on University Park Drive. 1. Approve the replacement of three RRFB systems at mid-block crosswalks on El Paseo and Larkspur Lane. 2. Approve two new mid-block crosswalks with RRFB systems on El Paseo. 3. Approve asphalt finish with decorative art on all five mid-block crosswalks. 4. Authorize the removal of multi-colored decorative crosswalk painting. 5. 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. 15.a CONSIDER MAKING A FINDING OF EXEMPTION UNDER CEQA AND APPROVE A STREET VACATION OF AN 8,582 SQUARE FOOT PORTION OF SHADOW LAKE DRIVE IN FAVOR OF A PROPERTY AT 73745 SHADOW LAKE DRIVE 483 RECOMMENDATION: Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, MAKING A FINDING OF EXEMPTION UNDER CEQA AND APPROVING A PROPOSED STREET VACATION OF AN 8,582 SQUARE FOOT PORTION OF SHADOW LAKE DRIVE IN FAVOR OF A PROPERTY AT 73745 SHADOW LAKE DRIVE IS CONSISTENT WITH THE CITY OF PALM DESERT GENERAL PLAN (APNS: 627-342-001).” 16.INFORMATION ITEMS 17.ADJOURNMENT City Council Meeting Page 8 of 496 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, CMC Assistant City Clerk City Council Meeting Page 9 of 496 Page 10 of 495 DesertMountains.org Connect to the Land In the desert, ADAPTABILITY is key to survival! Windy Wildflower Festival 2022 Wrap-Up Page 11 of 495 DesertMountains.org Connect to the Land24/15/2024 Coachella Valley Wildflower Festival March 2, 2024 Palm Desert Civic Center Park 9AM –Noon / closed early due to wind & weather Set Up Included: •15 Vendors •19 Exhibitors •9 Food Trucks •9 Kids’ Zone Activities •Youth Art Contest Tent •Aerial Performances •1 Band in our Beer & Wine Garden •100+ Volunteers, Board & Staff 2 4/15/2024 OVER 1,000 ATTENDEES! Page 12 of 495 DesertMountains.org Connect to the Land34/15/2024 Coachella Valley Wildflower Festival March 2, 2024 3 4/15/2024 OVER 1,000 ATTENDEES! Page 13 of 495 DesertMountains.org Connect to the Land44/15/2024 We made sure to get the word out! Page 14 of 495 DesertMountains.org Connect to the Land54/15/2024 You Are Welcome: Our Friend-liness is Universal Page 15 of 495 DesertMountains.org Connect to the Land64/15/2024 At The Appointed Hour, We Were Ready To Go! Page 16 of 495 DesertMountains.org Connect to the Land74/15/2024 Wildflower Festival Has Something For Everyone To Enjoy … making this THE outdoor event of the year Page 17 of 495 DesertMountains.org Connect to the Land84/15/2024 Vendors & Exhibitors (before the winds …) Page 18 of 495 DesertMountains.org Connect to the Land94/15/2024 Vendors & Exhibitors (before the winds …) Page 19 of 495 DesertMountains.org Connect to the Land104/15/2024 Kids Zone: Future Environmentalists Page 20 of 495 DesertMountains.org Connect to the Land114/15/2024 “Naturally Inspired” Youth Art Contest OVER 600 CONTESTANTS 1st place winner in 4-6 year- olds … and her very proud teacher! Page 21 of 495 DesertMountains.org Connect to the Land124/15/2024 New in ‘24: Art Flying Aerial Performance & Play Page 22 of 495 DesertMountains.org Connect to the Land134/15/2024 … And did we even mention our Wildflower 5K?! The Saturday before Wildflower Festival nearly 100 folks walked or ran or strolled the Randall Henderson Trail! Page 23 of 495 DesertMountains.org Connect to the Land144/15/2024 Friends’ Volunteers: THESE PEOPLE ARE LIFESAVERS Page 24 of 495 DesertMountains.org Connect to the Land154/15/2024 OUR SPONSORS MAKE THIS HAPPEN! Page 25 of 495 DesertMountains.org Connect to the Land164/15/2024 Page 26 of 495 1 Study Session of the Palm Desert City Council (CC), Successor Agency to the Palm Desert Redevelopment Agency (SARDA), and Housing Authority (HA) Minutes April 11, 2024, 3:00 p.m. Present: Mayor Pro Tem Jan Harnik, Councilmember Kathleen Kelly, Councilmember Gina Nestande, Councilmember Evan Trubee, Mayor Karina Quintanilla Pursuant to Assembly Bill 2449, this meeting was conducted by teleconference and there was in-person public access to the meeting location. 1. CALL TO ORDER - STUDY SESSION A Study Session of the Palm Desert City Council was called to order by Mayor Quintanilla on Thursday, April 11, 2024, at 3:00 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: UPDATED MILLS ACT ELIGIBLE SCOPES OF WORK Principal Planner Flores narrated a PowerPoint presentation and responded to City Council inquiries. 2.b STUDY SESSION: UPDATE ON DINING DECK PROGRAM Development Services Director Cannone narrated a PowerPoint presentation and responded to City Council inquiries. 3. ADJOURNMENT The City Council adjourned the Study Session at 3:53 p.m. Respectfully submitted, _________________________ Níamh M. Ortega, CMC Assistant City Clerk/Assistant Secretary _________________________ Anthony J. Mejia, MMC City Clerk/Secretary Page 27 of 495 Page 28 of 495 Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Regular Meeting Minutes April 11, 2024, 4:00 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 - 4:00 P.M. A Regular Meeting of the Palm Desert City Council was called to order by Mayor Quintanilla on Thursday, April 11, 2024, at 4:13 p.m. in the Council Chamber, City Hall, located at 73-510 Fred Waring Drive, Palm Desert, California. 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE Councilmember Trubee led the Pledge of Allegiance. 4. INSPIRATION Mayor Quintanilla provided words of inspiration. 5. AWARDS, PRESENTATIONS, AND APPOINTMENTS John F. Kennedy Memorial Foundation President/CEO Peter Sturgeon thanked the City of Palm Desert for the CDBG grant awarded last year and introduced two student ambassadors who shared their experience with the Foundation's Ophelia Project. 6. CITY MANAGER COMMENTS Director of Library Services Shaffer provided a report regarding National Library Week and responded to City Council inquiries. 7. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION Councilmembers reported on their attendance at various meetings and events. Councilmember Nestande reported the Southern California region was awarded $200 million in federal grants for energy initiatives related to climate change, and additional information would be available through Coachella Valley Association of Governments. 8. NON-AGENDA PUBLIC COMMENTS Donald Ziegler, Palm Desert resident, urged the City Council to consider installing backup power equipment for public facilities as outlined as a safety goal in the City's General Plan. Brad Anderson, Palm Desert resident, urged the City Council to consider allowing public comment at study sessions. Page 29 of 495 Palm Desert City Council Meeting Minutes April 25, 2024 2 9. CONSENT CALENDAR Motion by: Mayor Pro Tem Harnik Seconded by: Councilmember Nestande To approve the consent calendar as presented. Motion Carried (5 to 0) 9.a APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES Approve the Minutes of March 28, 2024. Motion Carried (5 to 0) 9.b APPROVAL OF WARRANT REGISTERS Approve the warrant registers issued for the period 3/20/2024 to 3/29/2024. Motion Carried (5 to 0) 9.c ADOPTION OF RESOLUTION NO. 2024-011 ADOPTING A POLICY FOR CEREMONIAL PROCLAMATIONS AND RECOGNITIONS Adopt Resolution No. 2024-011 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A POLICY FOR CEREMONIAL PROCLAMATIONS AND RECOGNITIONS AND RESCINDING RESOLUTION NO. 2022-25.” Motion Carried (5 to 0) 9.d ACCEPTANCE OF A RESIGNATION FROM THE MARKETING COMMITTEE AND PARKS AND RECREATION COMMITTEE 1. With regret, accept the resignation of Jan Hulahan from the Marketing Committee. 2. With regret, accept the resignation of Gerald Dawson from the Parks & Recreation Committee. Motion Carried (5 to 0) 9.e APPOINTMENTS TO THE BUILDING BOARD OF APPEALS Appoint John Greenwood, Lindsey Holt, and Nicholas Latkovic to the Building Board of Appeals for terms ending June 30, 2024. Motion Carried (5 to 0) Page 30 of 495 Palm Desert City Council Meeting Minutes April 25, 2024 3 9.f RATIFY LETTERS OF SUPPORT FOR THE CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO, AND CITY OF INDIAN WELLS COMMUNITY PROJECT FUNDING REQUESTS 1. Ratify issuance of a letter of support for the California State University, San Bernardino (CSUSB), Community Project Funding request for the Artificial Intelligence and Virtual Reality Research and Retraining Center and Nursing Street Medicine Program. 2. Ratify issuance of a letter of support for the City of Indian Wells’ Community Project Funding request to rebuilding the Emergency Operation Center. Motion Carried (5 to 0) 9.g REQUEST FOR ADOPTION OF MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PALM DESERT AND THE PALM DESERT EMPLOYEE ORGANIZATION EFFECTIVE MARCH 25, 2024, THROUGH JUNE 30, 2026 1. Approve the Memorandum of Understanding (MOU) between the City of Palm Desert and the Palm Desert Employee Organization (PDEO) effective March 25, 2024, through June 30, 2026. 2. Authorize the City Manager to take actions to implement the MOU between the City of Palm Desert and PDEO. Motion Carried (5 to 0) 9.h APPROVE A PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF PALM DESERT AND GLEN M. KAMMERER AND SHERILL R. KAMMERER FOR AN APPROXIMATELY 1.01-ACRE SITE ON MOUNTAIN VIEW, ASSESSOR’S PARCEL NO. 637-300-023 1. Approve Purchase and Sale Agreement in substantial form for the acquisition of APN 637-300-023. 2. Authorize the Director of Finance to appropriate $1,640,359 from undesignated General Fund Reserve monies to Account No. 1104159- 4219100 for the Mountain View Flood Infrastructure Improvements Project. 3. Authorize the City Attorney to make any necessary nonmonetary changes to agreements. 4. Authorize the City Manager to execute all documents necessary to effectuate this action. Motion Carried (5 to 0) Page 31 of 495 Palm Desert City Council Meeting Minutes April 25, 2024 4 9.j APPROVE AMENDMENT NO. 7 TO CONTRACT NO. C36620 WITH YMCA FOR MANAGEMENT OF THE PALM DESERT AQUATIC CENTER 1. Approve Amendment No. 7 to update the scope of work for Contract No. C36620 with the Family Young Men’s Christian Association of the Desert (“YMCA”), of Palm Desert, California. 2. Authorize the City Attorney to make any necessary nonmonetary changes to the amendment. 3. Authorize the City Manager to execute Contract No. C36627, Amendment No. 7 to Contract No. C36620. Motion Carried (5 to 0) CONSENT ITEMS HELD OVER 9.i APPROVE CHANGE ORDERS/AMENDMENT TO CONTRACTS NO. C44620A- E FOR ON-CALL FACILITIES REPAIRS & IMPROVEMENTS IN THE AMOUNT OF $1,500,000 (PROJECT NO. MFA00009) City Manager Hileman provided a report and responded to City Council inquiries. Motion by: Councilmember Kelly Seconded by: Councilmember Trubee 1. Approve the increase of the annual aggregate amount to Contracts C44620A-E from $3,000,000 to $4,500,000 for On-call Facilities Repairs & Improvements. 2. Authorize the City Manager to review and approve up to two, one-year extensions per vendor contract for an aggregated amount not to exceed $4,500,000. 3. Authorize the City Manager or designee to review and approve change orders for unanticipated conditions per Section 3.30.170 Section A of Ordinance No. 1335. 4. Authorize the City Manager to execute the change orders and amendments. Motion Carried (5 to 0) Page 32 of 495 Palm Desert City Council Meeting Minutes April 25, 2024 5 10. ACTION CALENDAR 10.a INTRODUCE ORDINANCE NO. 1410 RELATIVE TO THE PURCHASING SYSTEM AND PUBLIC WORKS CONTRACTS AND MAKING FINDINGS UNDER CEQA Management Analyst Ortega narrated a PowerPoint presentation and responded to City Council inquiries. Motion by: Councilmember Kelly Seconded by: Mayor Pro Tem Harnik Introduce Ordinance No. 1410 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REPLACING CHAPTER 3.30 IN ITS ENTIRETY AND RESCINDING ORDINANCES NO. 224, 423, 586, 927, 928, 986, 1162, 1166, 1204, 1229, 1276, 1317, 1335 AND 1392 RELATIVE TO THE PURCHASING SYSTEM AND PUBLIC WORKS CONTRACTS AND MAKING FINDINGS UNDER CEQA.” Motion Carried (5 to 0) 10.b SECOND AMENDED AND RESTATED DDLA, RELATED RESOLUTIONS 2024-012 AND HA-120, LOANS OF $1,965,539 AND $4,789,461 FROM THE AUTHORITY, AND ACTIONS RELATED TO CONVEYANCE OF PARCELS APN 694-120-028 AND A PORTION OF 694-120-029 FOR AFFORDABLE HOUSING Housing Manager Gonzales provided a staff report and responded to City Council inquiries. Carlos Garcia, Palm Desert resident, spoke in opposition to the developer of the project and the terms of the proposed loan. Len Foster, Palm Desert resident, expressed concerns about the developer of the project. Stephen Nelson, Palm Desert resident, spoke in opposition to the developer of the project and the terms of the proposed loan. Dan Horn, Palm Communities representative, thanked the City Council for their past support and spoke in support of his project. (Item continues on Page 6) Page 33 of 495 Palm Desert City Council Meeting Minutes April 25, 2024 6 Motion by: Councilmember Kelly Seconded by: Mayor Pro Tem Harnik 1. City Council: Adopt Resolution No. 2024-012 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A SECOND “AMENDED AND RESTATED DISPOSITION, DEVELOPMENT AND LOAN AGREEMENT” REGARDING “PALM VILLAS AT MILLENIUM” AMONG THE CITY, AS SELLER, THE PALM DESERT HOUSING AUTHORITY, AS LENDER, AND PALM COMMUNITIES, A CALIFORNIA LIMITED COMPANY, AS PURCHASER/ BORROWER/ DEVELOPER, IN CONNECTION WITH APPROXIMATELY 10.49 ACRES OF PROPERTY OWNED BY THE CITY, AND TAKING RELATED ACTIONS.” 2. Housing Authority: Adopt Resolution No. HA-120 entitled, “A RESOLUTION OF THE PALM DESERT HOUSING AUTHORITY APPROVING A SECOND “AMENDED AND RESTATED DISPOSITION, DEVELOPMENT AND LOAN AGREEMENT” REGARDING “PALM VILLAS AT MILLENIUM” AMONG THE AUTHORITY, AS LENDER, THE CITY OF PALM DESERT, AS SELLER, AND PALM COMMUNITIES, A CALIFORNIA LIMITED COMPANY, AS PURCHASER/ BORROWER/ DEVELOPER, IN CONNECTION WITH APPROXIMATELY 10.49 ACRES OF PROPERTY OWNED BY THE CITY, APPROPRIATING FUNDS IN CONNECTION THEREWITH, AND TAKING RELATED ACTIONS.” 3. Authorize the Authority to make two loans to the Developer for the purchase of the Property and construction of the Project ($1,965,539 for Phase I and $4,789,461 for Phase II), to be repaid from a percentage of residual receipts (i.e., net income) from the Project over the term of the loans, with any accrued interest and unpaid principal coming due 55 years from the completion of the Project, with such loans being secured by a subordinate deed of trust on the Project. 4. Authorize the Director of Finance to appropriate $6,755,000 from Unobligated Housing Asset Fund balance to the appropriate budget line item. 5. Authorize the Director of Finance to designate the proceeds of the sale of the City-owned property for the purpose of future affordable housing. 6. Authorize Mayor/Chairman, staff, and legal counsel to negotiate, execute and record agreements and necessary documents to effectuate the resolutions, including the conveyance of the Property, the funding commitments, and related actions for the Project as set forth in the Second Amended and Restated DDLA. NOES (1): Mayor Quintanilla Motion Carried (4 to 1) Page 34 of 495 Palm Desert City Council Meeting Minutes April 25, 2024 7 10.c ADOPT THE PALM DESERT BROADBAND FEASIBILITY AND MASTER PLAN STUDY AND APPROVE RELATED AMENDMENT Economic Development Coordinator Glickman narrated a PowerPoint presentation and responded to City Council inquiries. HR Green representative Ken Demlow provided additional information regarding the Study. Motion by: Councilmember Kelly Seconded by: Mayor Pro Tem Harnik 1. Adopt the Palm Desert Broadband Feasibility and Master Plan Study. 2. Approve Amendment 10 to Contract No. C41690 with HR Green in the amount of $19,884 for management of Request for Proposals (RFP) and grant processes related to broadband. 3. Direct staff to pursue grant funding for implementation of the adopted Broadband Master Plan. 4. Direct staff to release a Request for Proposals (RFP) to identify any partner agencies to execute the adopted Broadband Master Plan Study and middle-mile network. Motion Carried (5 to 0) 10.d ADOPTION OF RESOLUTION NO. 2024-013 ESTABLISHING PROCEDURES FOR THE APPOINTMENT OF THE MAYOR AND MAYOR PRO TEM City Clerk Mejia narrated a PowerPoint presentation and responded to City Council inquiries. Motion by: Councilmember Kelly Seconded by: Mayor Pro Tem Harnik Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING PROCEDURES FOR THE APPOINTMENT OF THE MAYOR AND MAYOR PRO TEM AND RESCINDING RESOLUTION NO. 2021-61”, as amended. Motion Carried (5 to 0) Page 35 of 495 Palm Desert City Council Meeting Minutes April 25, 2024 8 11. PUBLIC HEARINGS 11.a INTRODUCTION OF ORDINANCE NO. 1411 TO ADOPT A ZONING ORDINANCE AMENDMENT TO IMPLEMENT RESIDENTIAL AND MIXED-USE OBJECTIVE DESIGN STANDARDS AND MAKING A FINDING OF EXEMPTION UNDER CEQA Mayor Quintanilla opened the public hearing. Principal Planner Melloni narrated a PowerPoint presentation and responded to City Council inquiries. Donald Ziegler, Palm Desert resident, urged the City Council to consider the electrical power options associated with this project. Mayor Quintanilla closed the public hearing, there being no other member of the public wishing to speak. Motion by: Councilmember Kelly Seconded by: Councilmember Nestande Introduce Ordinance No. 1411 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE PALM DESERT MUNICIPAL CODE TO ADD CHAPTER 25.42 – MULTIFAMILY AND MIXED-USE OBJECTIVE DESIGN STANDARDS AND AMENDING OTHER CHAPTERS OF THE ZONING ORDINANCE, AND MAKING A FINDING OF EXEMPTION UNDER CEQA” Motion Carried (5 to 0) 12. INFORMATION ITEMS None. 13. ADJOURNMENT The City Council adjourned at 5:49 p.m. Respectfully submitted, _________________________ Níamh M. Ortega, CMC Assistant City Clerk/Assistant Secretary _________________________ Anthony J. 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Bump and43325011104611 681389846188MR24 27.87 04/12/202402002567 COACHELLA VALLEY WATER DIST.W1 1131 HOVLEY SOCCER PARK43510001104611 315303847830MR24 973.74 04/12/202402002567 COACHELLA VALLEY WATER DIST.W1 10049 FREEDOM PARK43510001104611 315491848018MR24 1,795.62 04/12/202402002567 COACHELLA VALLEY WATER DIST.W1 1089 MEDIANS43510001104614 315239847766MR24 1,966.06 04/30/2024Report Date 6Page City and Housing DocuSign Envelope ID: DA271976-F6FF-448C-AE52-FC3C6B402A36 Page 42 of 495 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 4/12/2024 - 4/30/2024 City of Palm Desert Account Number 04/12/202402002567 COACHELLA VALLEY WATER DIST.W1 44400 Town Ctr - FS 3343510002304220 163253444356MR24 114.01 04/12/202402002567 COACHELLA VALLEY WATER DIST.W1 D. 1088 Desert Mirage (Cook)43510002734680 315237847764MR24 54.87 04/12/202402002567 COACHELLA VALLEY WATER DIST.W1 San Luis Rey Ave - Fire Meter43510002774373 797757405414MR24 86.99 04/12/202402002567 COACHELLA VALLEY WATER DIST.W1 C. 1088 Kaufman / Broad (Heath43510002854374 315237847764MR24 33.96 04/12/202402002567 COACHELLA VALLEY WATER DIST.W1 H. 1088 College View Estates I43510002874374 315237847764MR24 100.65 04/12/202402002567 COACHELLA VALLEY WATER DIST.W1 F. 1088 The Boulders (Shepherd43510002874680 315237847764MR24 37.65 04/12/202402002567 COACHELLA VALLEY WATER DIST.W1 B. 1088 Sundance W (Kokopelli)43510002874681 315237847764MR24 46.26 04/12/202402002567 COACHELLA VALLEY WATER DIST.W1 E. 1088 Petunia Place 1 (Petun43510002874682 315237847764MR24 63.00 04/12/202402002567 COACHELLA VALLEY WATER DIST.W1 A. 1088 Sundance E. (Shepherd43510002874683 315237847764MR24 60.54 04/12/202402002567 COACHELLA VALLEY WATER DIST.W1 G. 1088 College View Estates I43510002874684 315237847764MR24 106.80 04/12/202402002567 COACHELLA VALLEY WATER DIST.W1 72880 Hwy 111 - Fire Meter43510004254430 800645741286MR24 114.62 04/12/202402002567 COACHELLA VALLEY WATER DIST.W1 72880 Hwy 111 - Fire Meter43510004254430 800643444692M424 101.07 04/12/202402002567 COACHELLA VALLEY WATER DIST.W1 72780 HWY 111 (Sears)43510004254430 815043444678MR24 104.70 04/12/202402002567 COACHELLA VALLEY WATER DIST.W1 21 CONSTRUCTION MAR2443510001104310 820221768036MR24 255.78 04/12/202402002567 COACHELLA VALLEY WATER DIST.W1 68 CONSTRUCTION MAR2443510001104310 306749767878MR24 745.20 04/12/202402002567 COACHELLA VALLEY WATER DIST.W1 MAR24 TOWN CENTER WAY43510001104310 307113813150MR24 26.64 04/12/202402002568 COACHELLA VALLEY WATER DISTW1 PLAN CHECK FEES - CAHUILLA43880002204800 24-15515 379.00 04/12/202402002569 COPPINGER, ROSE A.W1 ANIMAL VAX REIM-TIGGER43884001104230 COPPINGER 03/24 25.00 04/12/202402002570 CVRMW1 (5) dedicated beds FEB 202443092001104212 7095 3,625.00 04/12/202402002571 D & B VISIONSW1 Recycling Program MR2443090002364195 24-03 5,500.00 04/12/202402002572 DAVE'S TOWING SERVICEW1 Sheriff Towing-T24080000743042001104210 70571 240.00 04/12/202402002573 DENUNZIO, SAMUEL AW1 EMS (10/10/2022) RUN 22-63553434124002300000 2022148012 50.00 04/12/202402002574 DESERT AIR CONDITIONING INC.W1 HVAC SRVS - CITY HALL43310001104340 247410 99.00 04/12/202402002574 DESERT AIR CONDITIONING INC.W1 HVAC SRVS - FS #3343310002304220 247511 2,735.00 04/12/202402002574 DESERT AIR CONDITIONING INC.W1 HVAC SRVS - FIRE STATIONS43310002304220 247541 103.00 04/12/202402002574 DESERT AIR CONDITIONING INC.W1 HVAC SRVS - SHERIFF SUBSTATION43695005104195 247334 942.90 04/12/202402002574 DESERT AIR CONDITIONING INC.W1 HVAC SRVS - FIRE STATIONS #3343310002304220 246108 198.00 04/30/2024Report Date 7Page City and Housing DocuSign Envelope ID: DA271976-F6FF-448C-AE52-FC3C6B402A36 Page 43 of 495 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 4/12/2024 - 4/30/2024 City of Palm Desert Account Number 04/12/202402002574 DESERT AIR CONDITIONING INC.W1 HVAC SRVS - FIRE STATIONS #3343310002304220 246109 148.50 04/12/202402002575 DESERT ALARM INCW1 ALARM SERVICES - AQUATIC CTR43090002424549 489657 177.00 04/12/202402002576 DESERT ARCW1 CDBG FY21/22 REIMB43880002204800 CDBG FY21/22 58,120.00 04/12/202402002577 DESERT ARCW1 6 in office Shred Bins Shreddi43090001104111 9472 175.00 04/12/202402002578 DESERT ELECTRIC SUPPLYW1 R/M BUILDING SUPPLIES43310001104330 S3170873.001 234.02 04/12/202402002579 DESERT FIRE EXTINGUISHERW1 R/M FIRE SYSTEM - CITY HALL43090001104340 12479832 89.22 04/12/202402002579 DESERT FIRE EXTINGUISHERW1 R/M FIRE SYSTEM - FS #33-67-7143310002304220 12479830 320.18 04/12/202402002579 DESERT FIRE EXTINGUISHERW1 R/M FIRE SYSTEM - HENDERSON43698005104195 12479833 102.28 04/12/202402002580 DESERT NAPA AUTO PARTSW1 R/M VEHICLES SUPPLIES43340001104331 058667 288.34 04/12/202402002580 DESERT NAPA AUTO PARTSW1 FLEET SUPPLIES43340001104331 051706 107.64 04/12/202402002580 DESERT NAPA AUTO PARTSW1 FLEET SUPPLIES BATTERY43340001104331 061039 188.17 04/12/202402002580 DESERT NAPA AUTO PARTSW1 FLT SUP SCISSOR LYFT BATTERY43340001104331 057402 733.07 04/12/202402002580 DESERT NAPA AUTO PARTSW1 FLT SUP SPARK PLUGS SM EQUIP43340001104331 060729 32.27 04/12/202402002580 DESERT NAPA AUTO PARTSW1 BATTERY FOR VEH #03 CITY OWNED43340001104331 061162 207.56 04/12/202402002581 DESERT PIPE & SUPPLYW1 PARK SUPPLIES-PARKS42190001104611 0016830200 238.43 04/12/202402002581 DESERT PIPE & SUPPLYW1 PARKS SUPPLIES - FREEDOM PARK42190001104611 0016819870 57.39 04/12/202402002582 DESERT RECREATION DISTRICTW1 FB24 PARK REC SRVS -PORTOLA CC43090001104344 3619 9,130.66 04/12/202402002582 DESERT RECREATION DISTRICTW1 2024 Senior Games Sponsorship.43062011104800 324 15,000.00 04/12/202402002583 Desert Sewer Supply IncW1 MANHOLE LIFTER - TC42110001104134 32393 77.45 04/12/202402002584 DISCOUNT TWO WAY RADIOW1 TWO-WAY RADIOS - PDAC43311012424549 S1210991 2,221.09 04/12/202402002585 DIVISION OF THE STATEW1 DSA 786 01/2024-03/202431660101100000 04052024 12.00 04/12/202402002586 DOKKEN ENGINEERINGW1 ENG SVS BDG MNT P759-21 AP23JN44001002134359 43838 3,640.00 04/12/202402002586 DOKKEN ENGINEERINGW1 ENG SVS BDG MNT P759-21 SP2344001002134359 44494 11,892.50 04/12/202402002587 DOUG WALL CONSTRUCTION INCW1 TO005116-PDAC-CFA0000944001002424549 3878 4,800.00 04/12/202402002587 DOUG WALL CONSTRUCTION INCW1 TO006223-PDAC-CFA0000944001002424549 3878 20,775.27 04/12/202402002587 DOUG WALL CONSTRUCTION INCW1 TO005458-Artists Center43885004504164 3924 164,235.46 04/12/202402002587 DOUG WALL CONSTRUCTION INCW1 TO005459-HendersonBldgCFA0002244001004504164 3925 67,598.36 04/30/2024Report Date 8Page City and Housing DocuSign Envelope ID: DA271976-F6FF-448C-AE52-FC3C6B402A36 Page 44 of 495 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 4/12/2024 - 4/30/2024 City of Palm Desert Account Number 04/12/202402002588 EDTECHNOLOGYFUNDS INCW1 E-Rate Category 2 Consulting43090002524662 2404 1,072.50 04/12/202402002588 EDTECHNOLOGYFUNDS INCW1 Annual Subscription for43090002524662 2404 1,500.00 04/12/202402002588 EDTECHNOLOGYFUNDS INCW1 E-Rate Category 2 Consulting43090002524662 2413 2,497.50 04/12/202402002589 ENDURA STEEL INCW1 WELDING MATERIALS43320001104310 125856 410.76 04/12/202402002590 ENGINEERING RESOURCESW1 ENG SRVS - NS FIRE STATION44001002354270 59992 28,102.50 04/12/202402002590 ENGINEERING RESOURCESW1 PROFESSIONAL ENGINEERING AND D50004544204370 59937 10,557.00 04/12/202402002591 ENGLAND THIMS AND MILLER INCW1 CARTEGRAPH TRAINING OC2343090001104190 211178 4,944.00 04/12/202402002592 ENVIRONMENTAL PRODUCTSW1 MID VALLEY SOIL STABILIZATION42191001104159 24-01-11 8,500.00 04/12/202402002593 ERGO SOLUTION INCW1 Ergo Assessment Permit Center43915001104154 2824 1,457.43 04/12/202402002594 ETCH THIS AND THATW1 J. Hulahan Service Clock43063001104111 10757 117.80 04/12/202402002595 FAMILY YMCA OF THE DESERTW1 REIMB Y REV RECORDED AS PDAC37999992420000 REIMB320 700.00 04/12/202402002596 FOSTER GARDNER INC.W1 SOIL ANALYSIS - SAN PABLO43370011104614 276479 89.00 04/12/202402002596 FOSTER GARDNER INC.W1 SOIL ANALYSIS - SAN PABLO43370011104614 276698 85.00 04/12/202402002597 FULTON DISTRIBUTINGW1 JANITORIAL SUPPLIES- CITY HALL42190001104340 629773 1,033.19 04/12/202402002597 FULTON DISTRIBUTINGW1 LINERS - EL PASEO42190001104614 631639 1,981.42 04/12/202402002598 GANNETT MEDIA SERVICES LLCW1 CV CELEBRATE SPONSORSHIP 12/2343062011104800 0006208504 25,000.00 04/12/202402002599 GARLAND/DBS INCW1 R/M ROOF - HENDERSON IMP44001004504164 42785245175 48,987.08 04/12/202402002599 GARLAND/DBS INCW1 R/M ROOF - HENDERSON IMPR44001004504164 42785245462 60,491.92 04/12/202402002600 GLS USW1 RWG Law 3.12.2443660001104150 5256710 4.87 04/12/202402002601 GOVERNMENT FINANCE OFFICERSW1 Art of Budget Virtual Comm43125001104150 792870 315.00 04/12/202402002601 GOVERNMENT FINANCE OFFICERSW1 GAAFR Plus Sub43620001104150 792870 149.00 04/12/202402002601 GOVERNMENT FINANCE OFFICERSW1 GAAFR 2024 Edition43620001104150 792870 199.00 04/12/202402002602 GRIFFITHS FENCEW1 WELDING SERVICES - LMA 943370011104614 3748 1,125.00 04/12/202402002603 HALBY'SW1 COPS Patches43060011104211 117120 271.88 04/12/202402002604 HOLISTIC SYSTEM INTEGRATIONW1 Principal Consultant-MAR 2443090001104421 INV-000103 16,000.00 04/12/202402002605 IMPERIAL SPRINKLERW1 LANDSCAPE SUPPLIES - FREEDOM42190001104611 0014472172-001 30.99 04/12/202402002605 IMPERIAL SPRINKLERW1 IRRIGATION SUPPLIES- LMA 1643320011104611 0014692035-001 58.57 04/30/2024Report Date 9Page City and Housing DocuSign Envelope ID: DA271976-F6FF-448C-AE52-FC3C6B402A36 Page 45 of 495 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 4/12/2024 - 4/30/2024 City of Palm Desert Account Number 04/12/202402002605 IMPERIAL SPRINKLERW1 IRRIGATION SUPP - CMTY GARDENS43910001104611 0014575144-001 148.09 04/12/202402002605 IMPERIAL SPRINKLERW1 IRRIGATION SUPPLIES-LMA 143370011104614 0014470018-001 148.09 04/12/202402002606 INTL BOARD OF CREDENTIALINGW1 Autism Cert Training43121011104154 301383 274.00 04/12/202402002607 J.L. RAY COMPANY INCW1 80% REFUNDABLE FEES32211001100000 ROOF23-0251 211.20 04/12/202402002608 JACOBSSON ENGINEERINGW1 RTNT P116369/HA4514020600008710000 RTNT 330-3 -29,320.14 04/12/202402002608 JACOBSSON ENGINEERINGW1 RTNT P116369/HA4514020600008710000 RTNT 330-3 -6,750.00 04/12/202402002608 JACOBSSON ENGINEERINGW1 One Quail Parking Lot43311008714195 330-3 586,402.75 04/12/202402002608 JACOBSSON ENGINEERINGW1 CO #1: Furnishing and installa43311008714195 330-3 135,000.00 04/12/202402002609 JTB SUPPLY COMPANY INC.W1 ADDITIONAL TRAFFIC SUPPLIES43325001104250 113151 1,344.72 04/12/202402002610 KOA CORPORATIONW1 Engineering Design Svs Haystac50009032134327 JC22036-22 1,394.64 04/12/202402002611 LA PRENSA HISPANAW1 PDHA Ad43210001104111 915 320.00 04/12/202402002612 LOCK SHOP INC.W1 KEYS - CIVIC CENTER42190001104610 BB10559064 51.56 04/12/202402002612 LOCK SHOP INC.W1 KEYS - CIVIC CENTER42190001104610 BB10559074 169.58 04/12/202402002612 LOCK SHOP INC.W1 KEYS - CIVIC CENTER42190001104610 BB10559259 85.93 04/12/202402002613 LOWE'S HOME CENTERS INC.W1 BUILDING SUPPLIES - CITY HALL42190001104340 970990-031324 45.00 04/12/202402002613 LOWE'S HOME CENTERS INC.W1 SMALL TOOLS - CITY HALL42190001104340 994197-032124 118.99 04/12/202402002613 LOWE'S HOME CENTERS INC.W1 TEMP WORK STN - CITY HALL42190001104340 994789-032124 102.32 04/12/202402002613 LOWE'S HOME CENTERS INC.W1 BUILDING SUPPLIES-CIVIC CENTER42190001104610 989220-031924 1.08 04/12/202402002613 LOWE'S HOME CENTERS INC.W1 SMALL TOOLS - HOVLEY SOCCER PK42190001104611 977075-030524 79.69 04/12/202402002613 LOWE'S HOME CENTERS INC.W1 IRRIGATION SUPPLIES-LMA 1642190001104611 982621-030724 51.16 04/12/202402002613 LOWE'S HOME CENTERS INC.W1 IRRIGATION SUPPLIES- LMA 1642190001104611 984415-030724 58.40 04/12/202402002613 LOWE'S HOME CENTERS INC.W1 IRRIGATION SUPPLIES- LMA 1642190001104611 995396-031124 11.22 04/12/202402002613 LOWE'S HOME CENTERS INC.W1 REFRESHMENTS - HOMME ADAMS42190001104611 996825-032224 139.42 04/12/202402002613 LOWE'S HOME CENTERS INC.W1 IRRIGATION SUPPLIES - LMA 143370011104614 978547-031524 22.38 04/12/202402002613 LOWE'S HOME CENTERS INC.W1 BUILDING SUPPLIES- ARTIST CTR43885001104800 971002-031324 45.00 04/12/202402002613 LOWE'S HOME CENTERS INC.W1 R/M BUILDING SUPPLIES-FS #3343310002304220 960315-031824 438.69 04/12/202402002613 LOWE'S HOME CENTERS INC.W1 BUILDING SUPPLIES - SEARS BLDG43310004254430 974057-031424 223.07 04/30/2024Report Date 10Page City and Housing DocuSign Envelope ID: DA271976-F6FF-448C-AE52-FC3C6B402A36 Page 46 of 495 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 4/12/2024 - 4/30/2024 City of Palm Desert Account Number 04/12/202402002613 LOWE'S HOME CENTERS INC.W1 BUILDING SUPPLIES- SEARS BLDG43310004254430 982136-032724 7.27 04/12/202402002613 LOWE'S HOME CENTERS INC.W1 CIP Supplies42110001104134 964909-031824 72.85 04/12/202402002613 LOWE'S HOME CENTERS INC.W1 STREET MAINT SUPPLIES42140001104310 977122-031524 300.64 04/12/202402002613 LOWE'S HOME CENTERS INC.W1 STREET MAINT SUPPLIES42190001104310 983273-030724 260.92 04/12/202402002613 LOWE'S HOME CENTERS INC.W1 STREET MAINT SUPPLIES42190001104310 984476-031824 349.14 04/12/202402002613 LOWE'S HOME CENTERS INC.W1 STREET MAINT SUPPLIES42190001104310 994582-032124 152.52 04/12/202402002613 LOWE'S HOME CENTERS INC.W1 R/M STREET SUPLLIES43320001104310 975883-030524 202.10 04/12/202402002613 LOWE'S HOME CENTERS INC.W1 CORP YARD SUPPLIES42190001104330 975885-030524 213.94 04/12/202402002613 LOWE'S HOME CENTERS INC.W1 SMALL TOOLS - CITY HALL42190001104340 985404-032824 184.19 04/12/202402002614 M & M SWEEPING INC.W1 RES AND COMM STREET SWEEPING43320001104310 66770 15,897.08 04/12/202402002614 M & M SWEEPING INC.W1 PARKING LOT SWEEPING - CORPYAR43310001104330 66770 340.00 04/12/202402002614 M & M SWEEPING INC.W1 PARKING LOT SWEEPING - CC PARK43321001104610 66770 764.00 04/12/202402002614 M & M SWEEPING INC.W1 PARKING LOT SWEEPING - PARKS43325011104611 66770 616.00 04/12/202402002614 M & M SWEEPING INC.W1 PARKING LOT SWEEPING - ENTRADA43921011104614 66770 247.00 04/12/202402002614 M & M SWEEPING INC.W1 PARKING LOT SWEEPING - AQUATIC43311012424549 66770 140.00 04/12/202402002614 M & M SWEEPING INC.W1 PARKING LOT SWEEPING - PRESIDE43091032774373 66770 593.00 04/12/202402002614 M & M SWEEPING INC.W1 PARKING LOT SWEEPING - PRESIDE43091032824373 66770 458.00 04/12/202402002614 M & M SWEEPING INC.W1 PARKING LOT SWEEPING - PARKVIE43696015104195 66770 188.00 04/12/202402002615 MENDOZA, LIISA MARIEW1 Concerts in the park 5/02/2443061011104416 5/02/24 CONCERT 180.00 04/12/202402002616 MENDOZA, LIISA MARIEW1 Concerts in the park 5/09/2443061011104416 5/9/24 CONCERT 180.00 04/12/202402002617 MENDOZA, LIISA MARIEW1 Concerts in the park 5/16/2443061011104416 5/16/24 CONCER 180.00 04/12/202402002618 MENDOZA, LIISA MARIEW1 Concerts in the park 5/23/2443061011104416 5/23/24 CONCERT 180.00 04/12/202402002619 MENDOZA, LIISA MARIEW1 Concerts in the park 5/30/2443061011104416 5/30/24 CONCER 180.00 04/12/202402002620 MERCHANTS BUILDINGW1 JAN24 PARKVIEW - SUITE 12043696015104195 779438 2,532.06 04/12/202402002621 MOLLER'S GARDEN CENTERW1 INFILLS - JOE MANN PK43320011104611 575885 573.21 04/12/202402002622 MOWERS PLUS INCW1 FLEET SRVC REPAIR- WATER PUMPT43340001104331 292756 209.43 04/12/202402002622 MOWERS PLUS INCW1 SRVC REPAIRS-HONDA GENERATOR43340001104331 293497 1,071.00 04/30/2024Report Date 11Page City and Housing DocuSign Envelope ID: DA271976-F6FF-448C-AE52-FC3C6B402A36 Page 47 of 495 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 4/12/2024 - 4/30/2024 City of Palm Desert Account Number 04/12/202402002623 OZZIE'S INTERNATIONALW1 R/M VEHICLE #68 - OWNED43340001104331 35587 682.87 04/12/202402002624 PALM DESERT ACE HARDWAREW1 BUILDING SUPPLIES - CITY HALL42190001104310 245174 70.18 04/12/202402002624 PALM DESERT ACE HARDWAREW1 SMALL TOOLS - CITY HALL42190001104310 245263 60.30 04/12/202402002624 PALM DESERT ACE HARDWAREW1 SMALL TOOLS - CITY HALL42190001104340 245304 70.63 04/12/202402002624 PALM DESERT ACE HARDWAREW1 BUILDING SUPPLIES - CITY HALL42190001104340 244946 38.77 04/12/202402002624 PALM DESERT ACE HARDWAREW1 BUILDING SUPPLIES - CITY HALL42190001104340 245020 36.61 04/12/202402002624 PALM DESERT ACE HARDWAREW1 BUILDING SUPPLIES - CITY HALL42190001104340 245105 111.77 04/12/202402002624 PALM DESERT ACE HARDWAREW1 BUILDING SUPPLIES - CITY HALL42190001104340 245248 32.30 04/12/202402002624 PALM DESERT ACE HARDWAREW1 R/M BLDG SUPPLIES - WALLAROO43310001104340 244995 4.95 04/12/202402002624 PALM DESERT ACE HARDWAREW1 SMALL TOOLS - CIVIC CENTER42190001104610 244998 29.08 04/12/202402002624 PALM DESERT ACE HARDWAREW1 LANDSCAPE SUPPLIES - FREEDOM42190001104611 245247 38.77 04/12/202402002624 PALM DESERT ACE HARDWAREW1 SMALL TOOLS - PARKS42190001104611 245140 87.25 04/12/202402002624 PALM DESERT ACE HARDWAREW1 LANDSCAPE SUPPLIES - HOMME42190001104611 245214 40.92 04/12/202402002624 PALM DESERT ACE HARDWAREW1 LANDSCAPE SUPPLIES - PARKS42190001104611 245227 35.08 04/12/202402002624 PALM DESERT ACE HARDWAREW1 THERMOMETER - EG42110001104134 245127 21.54 04/12/202402002625 PARKHOUSE TIRE INC.W1 FLEET SRVC REPAIR VEHICLE #7243340001104331 2030233524 1,787.59 04/12/202402002626 PENTA, RYLANDW1 Civic Academy - Albertsons43125001104417 RPENT REIM4.1.24 103.33 04/12/202402002626 PENTA, RYLANDW1 Civic Academy - CVS43125001104417 RPENT REIM4.1.24 58.53 04/12/202402002626 PENTA, RYLANDW1 Civic Academy - Casuelas Cafe43125001104417 RPENT REIM4.1.24 323.25 04/12/202402002627 PLACENCIA MIRROR & GLASSW1 WINDOW REPAIRS - PDAC43311012424549 53810 453.00 04/12/202402002628 PORTOLA PALMS HOMEOWNERSW1 HOA Fees for Portola Palms #1243370008734195 APR24 1922815 330.00 04/12/202402002628 PORTOLA PALMS HOMEOWNERSW1 HOA Fees for Portola Palms #7343370008734195 APR24 1922815 330.00 04/12/202402002629 POWELL, ERICAW1 film series 3-27-202443125004364650 ERICA FILM LILY 59.94 04/12/202402002630 POWERS AWARDSW1 Norman/Dawson YOS Clocks43063001104111 157810 409.45 04/12/202402002631 PPG ARCHITECTURAL FINISHESW1 STREET MAINT SUPPLIES42140001104310 972220001509 96.95 04/12/202402002631 PPG ARCHITECTURAL FINISHESW1 GRAFFITI SUPPLIES43915021104310 972220001282 177.54 04/12/202402002631 PPG ARCHITECTURAL FINISHESW1 STREET MAINT SUPPLIES42190001104330 972220001284 106.97 04/30/2024Report Date 12Page City and Housing DocuSign Envelope ID: DA271976-F6FF-448C-AE52-FC3C6B402A36 Page 48 of 495 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 4/12/2024 - 4/30/2024 City of Palm Desert Account Number 04/12/202402002632 PROPER SOLUTIONS INC.W1 Full time Temporary Employee43004001104111 15574 1,401.20 04/12/202402002633 QUALITY CODE PUBLISHING LLCW1 Municipal Code Printing43610001104111 PG000035684 2,146.00 04/12/202402002633 QUALITY CODE PUBLISHING LLCW1 Municipal Code Printing43610001104111 GC00125171 1,495.00 04/12/202402002634 QUINTANILLA, KARINAW1 K. Quint Mileage July-Oct 202243115001104110 K. QUIN 07-10.22 32.88 04/12/202402002634 QUINTANILLA, KARINAW1 K. Quint Mileage Jan-Feb 202343115001104110 K. QUIN 01-02.23 150.00 04/12/202402002634 QUINTANILLA, KARINAW1 K. Quint Mileage March 202343115001104110 K. QUINT 03.2023 194.40 04/12/202402002634 QUINTANILLA, KARINAW1 K. Quint Mileage Apr-May 202343115001104110 K. QUIN 04-05.23 117.15 04/12/202402002634 QUINTANILLA, KARINAW1 K. Quint Mileage Jun-Sep 202343115001104110 K. QUIN 06-09.23 167.97 04/12/202402002634 QUINTANILLA, KARINAW1 K. Quint Mileage Oct-Nov 202343115001104110 K. QUIN 10-11-23 114.51 04/12/202402002635 RELIABLE ENERGY MANAGEMENTW1 80% REFUNDABLE FEES32211001100000 HVRC23-0745 127.20 04/12/202402002636 ROJAS, JOEW1 03-24BOOTREIM-JROJAS43915001104300 03-24BOOTREIM-JR 190.30 04/12/202402002637 SELBERT PERKINS DESIGN INCW1 WAYFINDING MASTER PLAN FB2450009102134300 20240344 5,000.00 04/12/202402002638 SERVPROW1 TO005275-CityHall-7SolarTubes44001004504161 5274418 23,379.61 04/12/202402002639 SHASTA FIRE PROTECTIONW1 ANNUAL FIRE SYST INSP-CORPYARD43090001104330 8551 550.00 04/12/202402002639 SHASTA FIRE PROTECTIONW1 ANNUAL FIRE SYST INSP-PORTOLA43090001104344 8557 550.00 04/12/202402002640 SIMPLOT PARTNERSW1 STREET MAINT TOOLS42190001104310 208152971 256.64 04/12/202402002640 SIMPLOT PARTNERSW1 LANDSCAPE SUPPLIES - CC PARK42190001104610 208153220 267.83 04/12/202402002640 SIMPLOT PARTNERSW1 IRRIG SUPPLIES - COMM GARDENS43910001104611 208153041 695.23 04/12/202402002640 SIMPLOT PARTNERSW1 IRRIG SUPPLIES - COMM GARDENS43910001104611 208153043 24.60 04/12/202402002640 SIMPLOT PARTNERSW1 LANDSCAPE SUPPLIES - LMA 943370011104614 208153126 42.36 04/12/202402002641 SOUTHERN CALIFORNIA EDISONW1 44911 Cabrillo Avenue43514001104340 700471509061MR24 131.49 04/12/202402002641 SOUTHERN CALIFORNIA EDISONW1 45656 Mountain View Ave43514001104340 700749685964MR24 93.08 04/12/202402002641 SOUTHERN CALIFORNIA EDISONW1 FIRESTATION 33, 67, 7143514002304220 700028290904MR24 3,919.55 04/12/202402002641 SOUTHERN CALIFORNIA EDISONW1 72880 Highway 111 Sears Bldg43514004254430 700780412029MR24 1,558.80 04/12/202402002642 ST. FRANCIS ELECTRIC LLCW1 TRAFFIC SIGNAL PM / EMERG FB2443325001104250 20016877 2,325.00 04/12/202402002642 ST. FRANCIS ELECTRIC LLCW1 TRAFFIC SIGNAL PM / EMERG FB2443325001104250 20016878 693.17 04/12/202402002643 SUNBELT RENTALS INCW1 Aug23 Weather Event: Equipment42191001104159 144933130-0003 7,736.13 04/30/2024Report Date 13Page City and Housing DocuSign Envelope ID: DA271976-F6FF-448C-AE52-FC3C6B402A36 Page 49 of 495 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 4/12/2024 - 4/30/2024 City of Palm Desert Account Number 04/12/202402002643 SUNBELT RENTALS INCW1 Aug23 Weather Event: Equipment42191001104159 146474434-0003 8,258.61 04/12/202402002643 SUNBELT RENTALS INCW1 Aug23 Weather Event: Equipment42191001104159 146474434-0004 8,258.61 04/12/202402002643 SUNBELT RENTALS INCW1 Aug23 Weather Event: Equipment42191001104159 146474434-0005 6,818.07 04/12/202402002643 SUNBELT RENTALS INCW1 Aug23 Weather Event: Equipment42191001104159 150534472-0001 6,752.99 04/12/202402002644 SUNLINE TRANSIT AGENCYW1 MAINTENANCE OF ACTIVE AND INAC43320001104310 INV07617 6,413.76 04/12/202402002645 SUPERCO SPECIALTY PRODUCTSW1 SMALL TOOLS-CITY HALL42190001104340 PSI548764 329.92 04/12/202402002645 SUPERCO SPECIALTY PRODUCTSW1 GRAFFITI REMOVAL SUPPLIES43915021104310 PSI546368 600.29 04/12/202402002645 SUPERCO SPECIALTY PRODUCTSW1 BUILDINGMATERIALS - 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AQUATIC CENTER42111002424549 5675154 1,713.23 04/12/202402002655 WATERLINE TECHNOLOGIES INCW1 CHEMICALS - AQUATIC CENTER42111002424549 5676583 1,763.33 04/30/2024Report Date 14Page City and Housing DocuSign Envelope ID: DA271976-F6FF-448C-AE52-FC3C6B402A36 Page 50 of 495 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 4/12/2024 - 4/30/2024 City of Palm Desert Account Number 04/12/202402002656 WAUSAU TILE INCW1 DOG LITTER BAGS - PARKS42190001104611 692219 504.28 04/12/202402002657 WAXIEW1 JANITORIAL SUPPLIES -CITY HALL42190001104340 82340307 46.41 04/12/202402002657 WAXIEW1 JANITORIAL SUPPLIES -CITY HALL42190001104340 82338840 46.41 04/12/202402002658 WITTMAN ENTERPRISES LLCW1 Mar23 Consultant Services43090002304220 24030547 17,135.00 04/12/202402002659 XPRESS GRAPHICSW1 200 White City Envelopes43610001104159 24-61181 124.33 04/12/202402002659 XPRESS GRAPHICSW1 500 CityProcurement Trifolds43610001104159 24-61144 228.39 04/12/202402002659 XPRESS GRAPHICSW1 CityNet Informational Flyers43610001104159 24-61094 34.98 04/12/202402002659 XPRESS GRAPHICSW1 UNSP MAILING43660001104470 24-60761 11,166.19 04/12/202402002660 ZUMAR INDUSTRIES INC.W1 TRAFFIC SUPPLIES42190001104250 8896 1,742.82 Examined and Approved Total For Bank ID - W1 2,263,984.83City Manager Examined and Approved Mayor or Mayor Pro-Tem Audited and Found Correct Director of Finance 04/30/2024Report Date 15Page City and Housing DocuSign Envelope ID: DA271976-F6FF-448C-AE52-FC3C6B402A36 Page 51 of 495 Page 52 of 495 CITY OF PALM DESERT CITY CLERK DEPARTMENT INTEROFFICE MEMORANDUM To: From: Date: BUILDING AND SAFETY DIVISION AND PLANNING DIVISION MICHELLE NANCE, DEPUTY CITY CLERK Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY: _____________________________________________________ A copy of the subject ABC License Application is attached for your review and recommendation to the City Council or to another department(s) for further action. A response is required. Please mark the appropriate response below and return to my office by __________________________ Responding Department: __________________________ Date: ________________ Response: No comment – okay to present to City Council. Refer to ______________________________________ - related comments (attach additional sheets, if necessary): _________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Other – Additional comments (attach additional sheets, if necessary): _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Palm Valley Country Club 76200 Country Club Dr., Palm Desert, California 92211 Monday, April 15, 2024. April 15, 2024Development Services: Planning 4 April 8, 2024 Page 53 of 495 CITY OF PALM DESERT CITY CLERK DEPARTMENT INTEROFFICE MEMORANDUM To: From: Date: BUILDING AND SAFETY DIVISION AND PLANNING DIVISION , CITY CLERK Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY: _____________________________________________________ A copy of the subject ABC License Application is attached for your review and recommendation to the City Council or to another department(s) for further action. A response is required. Please mark the appropriate response below and return to my office by __________________________ Responding Department: __________________________ Date:_______________ Response: No comment – okay to present to City Council. Refer to ______________________________________ related comments (attach additional sheets, if necessary): _________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Other – Additional comments (attach additional sheets, if necessary): _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Palm Valley Country Club 76200 Country Club Dr., Palm Desert, California 92211 Monday, April 15, 2024. April 15, 2024Building and Safety April 8, 2024 Page 54 of 495 Department of Alcoholic Beverage Control State of California APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE AB C 211 (6/99) TO:Department of Alcoholic Beverage Control 34-160 GATEWAY DR. STE 120 File Number: 657860 Receipt Number: 2881517 Geographical Code : 3318 PALM DESERT, CA 92211 (760) 324-2027 Copies Mailed Date: April 3, 2024 Iss ued Date: DISTRICT SERVING LOCATION : PALM DESERT First Owner: Name of Business: Location of Business: County ls Premi ses inside city limits Mailin g Address:(lf different from premises address) Type of license(s): Transferor's license/name : License Type 4 7 -On-Sale General Eating Pl ace 58 -Caterer Permit License Type Application Fee Appl ication Fee Application Fee A ppli cation Fee 58 -Caterer Pennit 47 -On-Sale General Eat in g Pl ac CENTURY PALM VALLEY BEV CO LLC PALM VALLEY COUNTRY CLUB 76200 COUNTRY CLUB DR PALM DESERT, CA 92211 RIVERSIDE Yes Census Tract: THREE LINCOLN CENTRE 5430 LBJ FWY STE 1400 DALLAS , TX 75240 0449.22 47,58 Dropping Partner: Yes 314657 / AMERICAN GOLF CORPORATION Tran saction Type Master SecondaQ:'. LT And Count PER y 58[ I] PER Transaction Description Fee Code Dup Date Fee ISSUE TEMPORARY PERMIT NA 04/03 /24 $100 .00 FEDERA L FINGERPRINTS NA 3 04/03 /24 $72.00 STATE Fl GE RPRI NTS NA 3 04 /03 /24 $11 7.00 PERSO TO PERSON TRF NA 0 04/03/24 $1,470.00 ANNUAL FEE NA 04/03 /24 $275.00 ANNUAL FEE P40 0 04/03 /24 $1,450.00 Total $3 ,4 84 .00 Have you ever been convicted of a felony? o Have you ever violated any provisions of the Alcoholic Beverage Control Act, or regulations of the Department pertaining to the Act? No STATE OF CALIFORNIA County of RIVERSIDE Date: April 3, 2024 Applicant ame(s) CENTURY PALM VALLEY BEVCO LLC No 0ll r-:1 l":1· •#· l .::,,;J • :.n x. l;f !Y -,. ~v, :"'I '. •' Page 55 of 495 Page 56 of 495 CITY OF PALM DESERT CITY CLERK DEPARTMENT INTEROFFICE MEMORANDUM To: From: Date: BUILDING AND SAFETY DIVISION AND PLANNING DIVISION MICHELLE NANCE, DEPUTY CITY CLERK Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY: _____________________________________________________ A copy of the subject ABC License Application is attached for your review and recommendation to the City Council or to another department(s) for further action. A response is required. Please mark the appropriate response below and return to my office by __________________________ Responding Department: __________________________ Date: ________________ Response: No comment – okay to present to City Council. Refer to ______________________________________ - related comments (attach additional sheets, if necessary): _________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Other – Additional comments (attach additional sheets, if necessary): _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Monterey Country Club 41500 Monterey Ave,. Palm Desert, California 92260-2173 Monday, April 15, 2024. April 15, 2024Development Services: Planning 4 April 8, 2024 Page 57 of 495 CITY OF PALM DESERT CITY CLERK DEPARTMENT INTEROFFICE MEMORANDUM To: From: Date: BUILDING AND SAFETY DIVISION AND PLANNING DIVISION , CITY CLERK Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY: _____________________________________________________ A copy of the subject ABC License Application is attached for your review and recommendation to the City Council or to another department(s) for further action. A response is required. Please mark the appropriate response below and return to my office by __________________________ Responding Department: __________________________ Date:_______________ Response: No comment – okay to present to City Council. Refer to ______________________________________ related comments (attach additional sheets, if necessary): _________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Other – Additional comments (attach additional sheets, if necessary): _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Monterey Country Club 41500 Monterey Ave,. Palm Desert, California 92260-2173 Monday, April 15, 2024. April 15, 2024Building and Safety April 8, 2024 Page 58 of 495 Department of Alcoholic Bev erage Co ntrol State of California APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE ABC 2 1 I (6/99) TO:Department of Alcoholic B everage Co ntrol 34-160 GATEWAY DR. STE 120 File umber: 657863 Receipt Numbe r : 2881543 Geographical Code: 3318 PALM DESERT, CA 922 11 (760) 324 -2027 Copies Mailed Date: April 3, 2024 Issued Date : DISTRICT SERVING LOCATION : PALM DESERT First Owner: Name of Business : CENTURY MONTEREY BEVCO, LLC MONTEREY COUNTRY CLUB Location of Business : Co unty ls Premises inside city limit s Mailin g Address :(lf different from premi ses ad dress) Ty pe of license(s): 41500 MONTEREY AVE PALM DESERT, CA 92260-2173 RIVERSIDE Yes 5430 LBJ FREEWAY STE 1400 DALLAS, TX 75240 47,58 Cens us Tract: 0449.29 Dropping Partne r: Yes Transferor's lice nse /name : 314656 / AMERICAN GOLF CORPORATION License Type 4 7 -On-Sale Genera l Eating Place 58 -Caterer Permit License Type Ap plic ation Fee Ap pli cation Fee 58 -Caterer Pennit 4 7 -On -Sale Genera l Eat in g Pl ac Transaction Type PER PER Transactio n Descri ption ISS UE T EMPORARY PERMIT PERSON TO PERSO TRF ANN UA L FEE ANNUAL FEE Ha ve you ever be en co nv icted of a fe lon y? No Master y N Fee Code NA A A P40 Seconda[J'. LT And Co un1 58( I] Dup Date Fee 04 /03 /24 $100 .00 0 04 /03 /24 $1,470.00 I 04 /03 /24 $275 .00 0 04 /03 /24 $1,450.00 Total $3,295.00 Have you ever vio lated any pro visions of the Alco holi c B everage Control Act, or regulations of the Department pertaining to the Act? No STATE OF CA LIFORNIA Applicant Name(s) County of RIVERSIDE CENTURY MONTEREY B EVCO , LLC Date : April 3, 2024 0 ..... -r:- ~ ..,, :::0 I CD ...,, :x Page 59 of 495 Page 60 of 495 CITY OF PALM DESERT CITY CLERK DEPARTMENT INTEROFFICE MEMORANDUM To: From: Date: BUILDING AND SAFETY DIVISION AND PLANNING DIVISION MICHELLE NANCE, DEPUTY CITY CLERK Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY: _____________________________________________________ A copy of the subject ABC License Application is attached for your review and recommendation to the City Council or to another department(s) for further action. A response is required. Please mark the appropriate response below and return to my office by __________________________ Responding Department: __________________________ Date: ________________ Response: No comment – okay to present to City Council. Refer to ______________________________________ - related comments (attach additional sheets, if necessary): _________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Other – Additional comments (attach additional sheets, if necessary): _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Mojave Resort 73721 Shadow Mountain Drive. Palm Desert, California 92260-4841 Monday, April 15, 2024. April 15, 2024Development Services: Planning 4 April 8, 2024 Page 61 of 495 CITY OF PALM DESERT CITY CLERK DEPARTMENT INTEROFFICE MEMORANDUM To: From: Date: BUILDING AND SAFETY DIVISION AND PLANNING DIVISION , CITY CLERK Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY: _____________________________________________________ A copy of the subject ABC License Application is attached for your review and recommendation to the City Council or to another department(s) for further action. A response is required. Please mark the appropriate response below and return to my office by __________________________ Responding Department: __________________________ Date:_______________ Response: No comment – okay to present to City Council. Refer to ______________________________________ related comments (attach additional sheets, if necessary): _________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Other – Additional comments (attach additional sheets, if necessary): _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Mojave Resort 73721 Shadow Mountain Drive. Palm Desert, California 92260-4841 Monday, April 15, 2024. April 15, 2024Building and Safety April 8, 2024 Page 62 of 495 Department of Alcoholic Beverage Control State of California APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE AB C 2 11 (6/99) TO:Department of Alcoho lic Beverage Control 34 -1 60 GATEWAY DR. STE 120 File Number: 657828 Receipt Number: 2881248 Geographical Code: 3318 PALM DESERT, CA 92211 (760) 324-2027 Copies Mailed Date: April 2, 2024 Issued Date : DISTRICT SERVING LOCA TIO First Owner: Name of Business : Location of Business: County ls Premises inside city limits Mailing Address :(lf different from premises address) PALM DESERT MOJAVE HOSPITALITY OPERA TIO NS LLC MOJAVE RESORT 73721 SHADOW MOUNTAIN DR PALM DESERT, CA 92260-4841 RI VE RSIDE Yes 415 NW 11TH AVE PORTLAND, OR 97209-2903 Census Tract: 0451.17 Type of license(s): 70 Dropping Partner: Yes Transferor's license/name : License Type Transaction Type 70 -On-S ale Ge nera l Res tric ti ve Se rv i ORI License Type Appli ca ti on Fee Appli ca ti on Fee Appli ca ti on Fee 70 -On-Sa le Ge neral Res trict ive Transaction De scription ADD PRI MA RY LI CENSE TYP E FED ERA L FIN GERPRI NTS ST A TE FINGE RPRl NTS ANNUAL FEE Have you e ver been convicted of a felony ? No Ma ster y Fee Code A NA A P40 Secondary LT And Counl Dup Date Fee 0 04 /02/24 $7,060 .00 5 04 /02/24 $120.00 5 04 /02/24 $195 .00 0 04/02/24 $1,450 .00 Total $8,825 .00 Have you ever violated any provisions of the Alcoho li c Beverage Contro l Act, or regulations of the Department pertaining to the Act? No STATE OF CALlFORNIA Applicant Name(s) County of RIVERSIDE MOJAV E HOSPITALITY OPERA TIO S LLC Date : April 2 , 2024 No -=========================================================================:::::::£,.._,,~==-..:. .s::->--( :Do, .,, ::::0 I co .,, :::i:: CJ N °' Page 63 of 495 Page 64 of 495 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: April 25, 2024 PREPARED BY: Michelle Nance, Deputy Clerk I REQUEST: ADOPTION OF ORDINANCE NO. 1410 RELATIVE TO THE PURCHASING SYSTEM AND PUBLIC WORKS CONTRACTS AND MAKING FINDINGS UNDER CEQA RECOMMENDATION: Adopt Ordinance No. 1410 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REPLACING CHAPTER 3.30 IN ITS ENTIRETY AND RESCINDING ORDINANCES NO. 224, 423, 586, 927, 928, 986, 1162, 1166, 1204, 1229, 1276, 1317, 1335 AND 1392 RELATIVE TO THE PURCHASING SYSTEM AND PUBLIC WORKS CONTRACTS AND MAKING FINDINGS UNDER CEQA.” BACKGROUND/ANALYSIS: On April 11, 2024, the City Council unanimously introduced Ordinance No. 1410 for first reading. This report provides for the City Council to waive further reading and adopt the ordinance. The ordinance shall be effective 30 days from adoption. FINANCIAL IMPACT: There is no direct financial impact with this action. ATTACHMENTS: Ordinance No. 1410 Page 65 of 495 Page 66 of 495 ORDINANCE NO. 1410 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REPLACING CHAPTER 3.30 IN ITS ENTIRETY AND RESCINDING ORDINANCES NO. 224, 423, 586, 927, 928, 986, 1162, 1166, 1204, 1229, 1276, 1317, 1335 AND 1392 RELATIVE TO THE PURCHASING SYSTEM AND PUBLIC WORKS CONTRACTS. WHEREAS, the City Palm Desert (“City”) periodically reviews the Palm Desert Municipal Code (“Municipal Code”) to identify areas that need updating, clarification, and revisions in accordance with state law; WHEREAS, the last comprehensive update to the purchasing policies and procedures, codified in Municipal Code Chapter 3.30, was in the year 2023; WHEREAS, this update will ensure consistency amongst the various contracts and purchases, simplify the procurement process while maintaining internal controls, allow for flexibility and efficiencies, and ensure vendors follow non-discriminatory practices in employment and subcontracting; and WHEREAS, all other legal prerequisites to the presentation of this Ordinance have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. Recitals. The City Council finds that the above recitals are true and correct and, accordingly, are incorporated as a material part of this Ordinance. SECTION 2. Amending Chapter 3.30. Chapter 3.30 (Purchasing System and Public Works Contracts) of the Palm Desert Municipal Code is hereby amended to read in its entirety as set forth in Exhibit “A” to this Ordinance, which is hereby incorporated by reference herein. SECTION 3. Severability. If any section, subsection, clause or phrase of this Ordinance or any part thereof is for any reason held to be invalid, unconstitutional, or unenforceable by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of the Ordinance. The City Council declares that it would have passed each section, subsection, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsec tion, sentence, clause or phrase would be declared invalid, unconstitutional or unenforceable. SECTION 4. CEQA. The City Council hereby finds and determines that this Ordinance is exempt from CEQA pursuant to State CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that the Ordinance would not have the potential or possibility for causing a significant effect on the environment. Specifically, the proposed changes to the Municipal Code are primarily administrative in nature and clean -up various inconsistencies that existed in the prior version of the Municipal Code. Moreover, many Page 67 of 495 Ordinance No. 1410 Page 2 of the changes are technical in nature and do not allow for specific developme nt. In reviewing the Ordinance the City Council has exercised its independent judgment and has reviewed and considered the Ordinance in light of all testimony received, both oral and written. Therefore, based upon the entire administrative record, the City Council hereby determines that no further environmental review is required for the Ordinance. SECTION 5. Publication. The City Clerk of the City of Palm Desert, California, is hereby directed to publish a summary this Ordinance in the Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effective thirty (30) days after its adoption. ADOPTED ON ___________________, 2024 __________________________ Karina Quintanilla Mayor ATTEST: __________________________ Anthony Mejia City Clerk I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Ordinance No. 1411 is a full, true, and correct copy, and was introduced at a regular meeting of the City Council of the City of Palm Desert on April 11, 2024, and adopted at a regular meeting of the City Council held on April 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 68 of 495 Ordinance No. 1410 Page 3 EXHIBIT “A” Palm Desert, California Municipal Code Title 3 REVENUE FINANCE Chapter 3.30 PURCHASING SYSTEM AND PUBLIC WORKS CONTRACTS 3.30.010 Purpose. 3.30.020 Definitions. 3.30.030 Purchasing officer. 3.30.040 Purchasing officer—Powers and duties. 3.30.050 General purchasing regulations, policies, and procedures. 3.30.060 Public projects. 3.30.070 Contractual services. 3.30.080 Professional services. 3.30.090 Supplies. 3.30.095 Informal bidding procedure. 3.30.100 Formal bidding procedure. 3.30.110 Standard bid and proposal protest procedures. 3.30.120 Vendor price quotes procedure. 3.30.130 Proposal procedure. 3.30.140 Best competitive value procedure. 3.30.150 Alternative project delivery. 3.30.160 Exceptions to procurement methods. 3.30.170 Change orders. 3.30.180 Local business preference program. 3.30.190 Preference for recycled content. Page 69 of 495 Ordinance No. 1410 Page 4 3.30.010 Purpose. The purpose of this chapter is to prescribe efficient policies and procedures for the procurement of public projects, contractual services, professional services, and supplies to better serve the city’s residents. All purchasing will be done with absolute integrity and equal opportunity will be provided to all, free of discrimination. 3.30.020 Definitions. The following terms, whenever used in this chapter, shall be construed as follows: “City manager” means the city manager of the city or their designee. “Coachella Valley” means the area between the Salton Sea on the south, the San Jacinto and Santa Rosa Mountains on the west, and the Little San Bernardino Mountains on the east and north. “Contract” means any type of legally recognized city agreement for the procurement of supplies, services, or for construction of public projects, including without limitation an award of a grant or a real property agreement. “Contractor” means any person or business having a contract with the city. For the purpose of this chapter, the term “contractor” includes any person or business who is a party to a real property agreement. “Contractual services” mean all services, other than professional services, including, but not limited to, repairs, maintenance work, software subscriptions, and rental equipment. The term does not include services rendered by city officers or employees. “Department” or “agency” means a department, agency, or other unit of the city government whose affairs and funds are under the supervision and control of the city council. “Designated position” means a city staff position authorized by the city manager to make purchases consistent with this chapter subject to dollar limits set by the city manager. “Domestic partner” means any person who has a currently registered domestic partnership with a governmental body pursuant to State or local law authorizing such registration. Page 70 of 495 Ordinance No. 1410 Page 5 “Local business” means a vendor, contractor, or consultant who has a valid physical business address located within one of the nine incorporated cities of the Coachella Valley, or within an unincorporated area of Riverside County in the Coachella Valley within the boundaries of the Coachella Valley Association of Governments, at least six months prior to bid or proposal opening date, from which the vendor, contractor, or consultant operates or performs business on a day-to-day basis, and holds a valid business license by a jurisdiction located in the Coachella Valley. Post office boxes are not verifiable and shall not be used for the purpose of establishing such physical address. “Paper products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51). “Printing and writing papers” include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54). “Professional services” means all services performed in a professional occupation including, but not limited to, accounting, auditing, appraising, computer hardware and software support, engineering, architectural, planning, environmental, redevelopment, financial, economic, social services, legal, construction project management, communications, land surveying and other similar professional functions which may be necessary for the operation of the city. “Public project” means construction, reconstruction, erection, alteration, renovation, improvement, and demolition work involving any publicly owned, leased, or operated facility. “Purchasing” means the procurement of public projects, contractual services, professional services, and supplies as needed by the city. “Real property agreement” means any agreement for the sale, lease, or use of real property owned by or in the lawful possession of the city, including without limitation concessions, franchises, and easements. “Recycled-content paper” means paper products and printing and writing paper that consists of at least thirty percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61). “Subcontract” shall mean an agreement to: (i) provide supplies and/or services, including construction labor, materials or equipment, to a contractor, if such supplies or services are procured or used in the fulfillment of the contractor’s obligations arising from a contract with the city; or (ii) to transfer the Page 71 of 495 Ordinance No. 1410 Page 6 right to occupy or use all or a portion of a real property interest subject to a property contract to a subcontractor and pursuant to which the contractor remains obligated under the property contract. “Subcontractor” means any person or business who enters into a subcontract with a contractor. Such term shall include any person or business who enters into an agreement with any subcontractor for the performance of 10 percent or more of any subcontract. “Supplies” means any and all articles, things, goods, equipment, commodities, or property, other than real property, furnished to be used by the City.” 3.30.030 Purchasing officer. The purchasing officer shall be the city manager or designee. The city manager may delegate some or all of the duties of that position to one or more subordinate employees. The purchasing officer shall supervise the purchasing functions of the city. The purchasing officer is authorized to establish methods and procedures for efficient and economical purchasing. (Ord. 1374 § 1, 2022; Ord. 1335 § 1, 2018) 3.30.040 Purchasing officer—Powers and duties. The purchasing officer, in accordance with this chapter and any written policies and/or procedures approved by the city manager consistent with this chapter, shall have the power to: A Purchase and Contract. Purchase or contract for public projects, contractual services, professional services, and supplies required by the city. B Purchasing Policies Procedures. Prepare and implement policies and procedures governing the bidding, contracting, and purchasing of public projects, contractual services, professional services, and supplies for the city. C Forms. Prescribe and maintain such forms as may be reasonably necessary to the implementation of this chapter and any other policies and procedures approved by the city manager consistent with this chapter. D Surplus Supplies. Establish policies and procedures to sell, repurpose or dispose of any supplies not needed for public use or that are obsolete, damaged beyond repair, or may become unsuitable for their intended use including establishing value thresholds for surplus. E Purchase for Resale. Authorize the purchase of materials, supplies, and equipment supplies for resale from such enterprises as the golf Page 72 of 495 Ordinance No. 1410 Page 7 course, or visitor’s center to obtain the best possible price for the desired merchandise by adopting a procedure approved by the city manager. Such purchases shall not be subject to the award limits noted in this chapter, provided funding is available within the appropriated budget. F Bidder, Contractor and Vendor Lists and Catalogs. Develop and maintain any bidder’s list, contractor’s list or vendor’s list necessary to the operation of this chapter and any other policies and procedures approved by the city manager consistent with this chapter. G Recycled Product Procurement Policy. Establish and maintain procedures and specifications for the purchase of recycled-content paper and recycled-content paper products as described in Section 3.30.190(A)(4). 3.30.050 General purchasing regulations, policies, and procedures. A Applicability of Chapter. The purchasing regulations contained in this chapter shall apply to the procurement of public projects, contractual services, professional services, and supplies by the city. B Purchasing Limits, Authorizations and Awards. The city manager may establish dollar limits for authorizations and awards, consistent with this chapter, by designated positions, for the procurement of public projects, contractual services, professional services, and supplies. C Subsequent Contract Awards, Amendments, Extensions or Renewals. Notwithstanding anything herein to the contrary, the city manager or designated position shall not award a subsequent contract to the same individual or entity for the same or similar services on the same project, or amend, extend or renew such a contract, without obtaining the next highest approval authority (e.g., the city council for the city manager), when the award, amendment, extension or renewal will result in the city paying an aggregate amount in excess of the approval authority of the city manager to the individual or entity in any given fiscal year. For purposes of this section, the phrase “same project” shall include an on-call or as-needed contract. D Rejection of Bids and Proposals. At its discretion, the city council may reject any and all bids, proposals, quotations, or prices secured through procurement methods consistent with this chapter and take any other action deemed appropriate for the procurement of public projects, contractual services, professional services, and supplies. E Appropriations Requirement. No contract or purchase shall be made unless the director of finance shall have first confirmed that there is an unencumbered appropriation in the fund against which such expenditure is to be charged sufficient to cover the amount of purchase or contract, unless in cases of emergency. Page 73 of 495 Ordinance No. 1410 Page 8 F Performance Bonds. The city shall have authority to require a performance bond before entering a contract in such an amount as it shall find reasonably necessary to protect the best interests of the city. G Confidentiality of Proposals. Contracts let pursuant to proposals permitting negotiations shall be opened and their contents secured to prevent disclosure during the process of negotiating with competing proposers. If proposals are opened publicly, only the names of the proposers shall be revealed, while prices and other information concerning the proposals shall not be disclosed until negotiations are complete and before award is made by the city council. 3.30.060 Public projects. A Ten Thousand Dollars ($10,000) or Less. Public projects of Ten Thousand Dollars ($10,000) or less may be awarded by the city manager after selecting a qualified contractor and negotiating a contract in the best interest of the city. B More than Ten Thousand Dollars ($10,000) to Seventy-Five Thousand Dollars ($75,000). Public projects of more than Ten Thousand Dollars ($10,000) to Seventy-Five Thousand Dollars ($75,000) may be awarded by the city manager pursuant to the vendor price quotes procedure (Section 3.30.120) after selecting a qualified contractor or any exception consistent with this chapter. Utilization of the vendor price quotes requires the receipt of a minimum of two quotes from responsible vendors. Public projects of up to Twenty-Five Thousand Dollars ($25,000) may be awarded by a designated position, subject to the limits and authorizations established under Section 3.30.050(B). The contract shall be awarded in the best interest of the city. C More than Seventy-Five Thousand Dollars ($75,000) to Two- Hundred Fifty Thousand Dollars ($250,000). Public projects of more than Seventy-Five Thousand Dollars ($75,000) to Two-Hundred Fifty Thousand Dollars ($250,000) shall be awarded by the city manager, to the extent the city council has budgeted funds for the project, pursuant to the informal bidding procedure (Section 3.30.095) or any exception consistent with this chapter and to the lowest responsible bidder. D More than Two-Hundred Fifty Thousand Dollars ($250,000). Public projects of more than Two-Hundred Fifty Thousand Dollars ($250,000) shall be awarded by the city council pursuant to the formal bidding procedure (Section 3.30.100) or any exception consistent with this chapter and to the lowest responsible bidder. The city council may reject any or all bids received, and may waive any irregularities in each bid received. E Review and Approval of Plans and Specifications. The director of public works and city engineer, or their designees, are authorized to review and approve engineering plans for all public projects. This shall include the working Page 74 of 495 Ordinance No. 1410 Page 9 details, drawings, plans and specifications prepared for every public project, including emergency and change order work, which may affect the design or operation of public improvements and which may bring into ques tion the city’s liability for dangerous conditions of public property. F Municipal Projects. Except on locally funded public projects of twenty-five thousand dollars ($25,000) or less when the project is for construction work, or fifteen thousand dollars ($15,000) or less when the project is for alteration, demolition, repair or maintenance work, all contractors performing work on city public projects shall be subject to California Prevailing Wage Law, codified at California Labor Code Section 1720 et seq., as it may be amended from time to time, or otherwise proscribed by law. The only limitation on the provisions of this subsection shall be in the event federal funding requirements supersede state prevailing wage laws. G Applicability of Public Contract Code. 1. Pursuant to Public Contract Code section 1100.7, the city is expressly exempt from the Public Contract Code except to the extent the city has expressly adopted one or more provisions of the Public Contract Code pursuant to the city charter, this code, city council resolution or other city council action, or express terms of a city contract. 3.30.070 Contractual services. A Ten Thousand Dollars ($10,000) or Less. Contractual services of Ten Thousand Dollars ($10,000) or less may be awarded by the city manager after selecting a qualified vendor and negotiating a contract in the best interest of the city. B More than Ten Thousand Dollars ($10,000) to Seventy-Five Thousand Dollars ($75,000). Contractual services of more than Ten Thousand Dollars ($10,000) to Seventy-Five Thousand Dollars ($75,000) may be awarded by the city manager pursuant to the vendor price quotes procedure (Section 3.30.120), best competitive value procedure (Section 3.30.140), or any exception consistent with this chapter. Contractual services of up to twenty-five thousand dollars ($25,000) may be awarded by a designated position, subject to the limits and authorizations established under Section 3.30.050(B). C More than Seventy-Five Thousand Dollars ($75,000) to Two- Hundred Fifty Thousand Dollars ($250,000). Contractual services of more than Seventy-Five Thousand Dollars ($75,000) to Two-Hundred Fifty Thousand Dollars ($250,000) may be awarded by the city manager pursuant to the informal bidding procedure (Section 3.30.095), best competitive value procedure (Section 3.30.140), or any exception consistent with this chapter. D More than Two-Hundred Fifty Thousand Dollars ($250,000). Contractual services of more than Two-Hundred Fifty Thousand Dollars Page 75 of 495 Ordinance No. 1410 Page 10 ($250,000) shall be awarded by the city council pursuant to the best competitive value procedure (Section 3.30.140) or any exception consistent with this chapter. E Award. All contractual services shall be awarded in the best interest of the city, determined at the sole discretion of the city council, city manager, or designated position authorized to award the contract. 3.30.080 Professional services. A Ten Thousand Dollars ($10,000) or Less. Professional services of Ten Thousand Dollars ($10,000) or less may be awarded by the city manager after selecting a qualified vendor and negotiating a contract in the best interest of the city. B More than Ten Thousand Dollars ($10,000) to Seventy-Five Thousand Dollars ($75,000). Professional services more than Ten Thousand Dollars ($10,000) to Seventy-Five Thousand Dollars ($75,000) may be awarded by the city manager pursuant to the proposal procedure (Section 3.30.130), best competitive value procedure (Section 3.30.140), or any exception consistent with this chapter. Professional services of up to twenty- five thousand dollars ($25,000) may be awarded by a designated position, subject to the limits and authorizations established under Section 3.30.050(B). C Seventy-Five Thousand Dollars ($75,000) to Two-Hundred Fifty Thousand Dollars ($250,000). Professional services of Seventy-Five Thousand Dollars ($75,000) to Two-Hundred Fifty Thousand Dollars ($250,000) shall be awarded by the city manager pursuant to the best competitive value procedure (Section 3.30.140) or any exception consistent with this chapter. D More than Two-Hundred Fifty Thousand Dollars ($250,000). Professional services of more than Two-Hundred Fifty Thousand Dollars ($250,000) shall be awarded by the city council pursuant to the best competitive value procedure (Section 3.30.140) or any exception consistent with this chapter. E Award. Contracts for professional services shall be awarded to the consultant who will best serve the interests of the city, taking into account the demonstrated competence, professional qualifications and suitability for the project in general. The city may consider cost of professional services if determined to be a relevant factor under the circumstances, but cost shall not be the sole determining factor. 3.30.090 Supplies. A Ten Thousand Dollars ($10,000) or Less. Supplies of Ten Thousand Dollars ($10,000) or less may be awarded by the city manager after selecting a qualified vendor and negotiating a contract in the best interest of the Page 76 of 495 Ordinance No. 1410 Page 11 city. B More than Ten Thousand Dollars ($10,000) to Seventy-Five Thousand Dollars ($75,000). Supplies of more than Ten Thousand Dollars ($10,000) to Seventy-Five Thousand Dollars ($75,000) may be awarded by the city manager pursuant to the vendor price quotes procedure (Section 3.30.120), best competitive value procedure (Section 3.30.140), or any exception consistent with this chapter. Priority for awarding is to be given to the lowest price quote. Justification for award on basis other than lowest price must be approved by the purchasing officer or designee. Supplies of up to twe nty-five thousand dollars ($25,000) may be awarded by a designated position, subject to the limits and authorizations established under Section 3.30.050(B). C More than Seventy-Five Thousand Dollars ($75,000) to Two- Hundred Fifty Thousand Dollars ($250,000). Supplies of more than Seventy- Five Thousand Dollars ($75,000) to Two -Hundred Fifty Thousand Dollars ($250,000) or less may be awarded by the city manager pursuant to the informal bidding procedure (Section 3.30.095), best competitive value procedure (Section 3.30.140), or any exception consistent with this chapter. Priority for awarding is to be given to the lowest price quote. Justification for award on basis other than lowest price must be approved by the purchasing officer D More than Two-Hundred Fifty Thousand Dollars ($250,000). Supplies of more than Two-Hundred Fifty Thousand Dollars ($250,000) shall, except as otherwise provided in this chapter, be awarded by the city council pursuant to formal bidding procedures and to the lowest responsible bidder or any exception consistent with this chapter. The city council may reject any or all bids received and may waive any irregularities in each bid received. 3.30.095 Informal bidding procedure. A The informal bidding procedure shall follow the formal bidding procedure except that the city shall maintain a list of prequalified vendors and contractors established by this chapter, the notice inviting informal bids shall be provided to all vendors and contractors on the bidder list and/or to a designated construction trade journals, or electronic bid platform not less than five (5) calendar days before the date of opening bids, and award shall be by the city manager. The development and maintenance of the vendor and contractors lists will be established by the purchasing officer. Vendors and contractors must apply and be approved to be placed on a prequalified vendor list prior to the execution of any contract. Vendors may remain on the vendor list no more than 24 months. 3.30.100 Formal bidding procedure. A Uses of Formal Bidding Procedure. This formal bidding procedure shall be used whenever formal bidding is required. Page 77 of 495 Ordinance No. 1410 Page 12 B Notice Inviting Formal Bids. Notice inviting formal bids shall be issued and at a minimum: (1) describe the project; (2) state how to obtain more detailed information about the project; (3) state the date, time and place for the submission of bids; and (4) include any other information required by state or local law. C Published Notice. The notice shall be published at least ten (10) calendar days before the date of opening the bids on the city’s website and on an electronic bulletin board or an Internet site that is a generally recognized source of local public works contract information. D Bidder’s Security (Projects). All bids require one of the following forms of bidder’s security: (1) cash; (2) cashier’s check made payable to the city; or (3) a bidder’s bond executed by an admitted surety insurer made payable to the city. Such security shall be an amount at least equal to ten percent of the amount bid. No bid shall be considered unless security in the form above set forth is provided with the bid. E Forfeiture of Security (Projects). If the successful bidder fails to execute the contract and provide any required documentation, the bidder’s security shall be forfeited to the city. The city council may, on refusal or failure of the successful bidder to execute such contract, award the contract to the next lowest responsible bidder submitting a responsive bid. If the city council awards the contract to the second lowest bidder, the amount of the lowest bidder’s security shall be applied by the city to the difference between the low bid and the second low bid. The surplus, if any, shall be utilized to offset any and all costs of preparation and printing of plans, specifications, estimates of cost, publication of notices, and any surplus remaining shall be returned to the lowest bidder who fails to execute the contract. F Review of Bids. The city shall review all bids received for completeness, accuracy, responsiveness to the notice inviting bids and bid documents, and the city’s experience with or knowledge of the qualifications and reliability of each bidder and prepare a recommendation for award to the city council. The city council may waive any irregularities in each bid received. G No Bids. If no bids are received, the city council may have the project done in any manner that the city council may direct without further complying with this chapter. H Award of Contract. The contract shall be awarded in accordance with all applicable sections of this chapter. If two or more bids received are the same amount, the city council may decide which bid to accept and award. I Rejection of Bids. The city council may, in its sole and absolute discretion, reject all bids presented. After all bids are rejected, the city council shall have the option of any of the following: Page 78 of 495 Ordinance No. 1410 Page 13 1. Abandon the project; 2. Readvertise for bids in the manner described in this chapter; 3. Perform the work by employees of the city; or 4. Have the project done by force account, or procure supplies on the open market. J Relief of Bidders. A bidder shall not be relieved of its bid unless by consent of the city council nor shall any change be made in the bid because of mistake. The requesting party should provide to the city council in written form the facts that establish to the satisfaction of the city council that: (1) a mistake was made; (2) written notice was given to the city of that mistake within five days, excluding Saturdays, Sundays, and state holidays, after the opening of the bids specifying how the mistake occurred; (3) the mistake made the bid materially different than it was intended to be; and (4) the mistake was made in filling out the bid and not due to error in judgment or to carelessness in inspecting the site of the work, or in reading the plans or specifications. If the protest does not comply with each of these requirements, the city may reject the protest without further review. If the protest is timely and complies with the above requirements, the city shall review the protest, any response from the challenged bidder(s), and all other relevant information. The city will provide a written decision to the protestor in a reasonable amount of time. 3.30.110 Standard Bid and Proposal Protest Procedures. A Effect of Failure to Protest. The procedures set forth in this section are mandatory and are the sole and exclusive remedy of a bidder, proposer or other vendor to dispute the award of a contract that the city solicits through a competitive process. A protest that does not comply with these procedures may be summarily rejected and the person submitting the protest shall be deemed to have waived all rights to relief. B Protests of Solicitation Method. By submitting a bid, proposal or other application for a contract award, the bidder, proposer or other vendor shall be deemed to have waived all rights to challenge the city’s method for procuring the contract or any discrepancy in the solicitation process or documents. Bidders, proposers, or vendors may submit bids, proposals or other applications under protest. Protests under this section shall be submitted in writing to the official designated to receive the bid, proposal or other application and shall contain a full summary of the factual and legal basis for the protest. C Protests of Award. A bidder, proposer or other vendor applying for a city contract through a competitive process may submit a written protest Page 79 of 495 Ordinance No. 1410 Page 14 of the award of the contract. The protest shall identify and explain the factual and legal grounds for the protest. Any grounds not raised in the written protest are deemed waived by the protesting bidder. D Waiver. Any person that: (1) did not directly submit a bid or proposal, (2) is not responsible or qualified to receive the contract, (3) failed to submit a responsive bid or proposal, (4) is not in line to receive the contract or is otherwise ineligible to receive the contract, (5) is otherwise not beneficially interested in the award, or (6) fails to submit a timely protest shall be deemed to have waived the right to protest the award of the contract. Any protest deemed waived will be subject to summary rejection without further consideration and the person will have no right to any relief. E Timing of Protest of Award. Protests shall be submitted in writing to the official designated to receive the bid, proposal or other application within the following times: 1. If of another bidder, within five (5) calendar days after the bid opening date. 2. If the city makes a recommendation to the city council to award a proposal or other application, then within five (5) calendar days following the issuance of the recommendation and prior to the date of the award. 3. If in response to a notice of intent to reject a bid, proposal or other application, then within five (5) calendar days following the issuance of the notice of intent. F City Response. If the protest is timely and complies with the above requirements, the city shall review the protest, any response from th e challenged bidder, proposer or other vendor, and all other relevant information. The city will provide a written decision to the protestor in a reasonable amount of time. If the protest is in response to a recommendation of award to the city council, then the protest will be considered concurrently with the award of the contract, and the approval authority’s action is final. G Conflicts. The protest procedures contained in this section shall not apply if a particular solicitation contains a different protest procedure. This section does not limit or eliminate a claimant’s obligations under the Government Claims Act, Government Code Section 900 et seq. 3.30.120 Vendor price quotes procedure. City staff shall solicit from vendors via posted notice, telephone request, mail, email, electronic bid platform or any other reasonable solicitation method, price quotes documented in writing. If unable to obtain a minimum of three (3) price quotes from qualified vendors, staff shall document that reasonable ef forts Page 80 of 495 Ordinance No. 1410 Page 15 were made to obtain price quotes including, that a notice was posted for not less than three (3) business days; that there were no other vendors to solicit price quotes from; or that they solicited to other vendors and one or more declined to provide a quote. 3.30.130 Proposal procedure. City staff shall solicit from vendors via posted notice, telephone request, mail, email, electronic bid platform or any other reasonable solicitation method, proposals documented in writing. If unable to obtain a minimum of three (3) proposals from qualified professional service firms, staff shall document that reasonable efforts were made to obtain proposals including, that a notice was posted for not less than three (3) business days; that there were no other vendors to solicit proposals from; or that they solicited to other vendors and one or more declined to provide a proposal. 3.30.140 Best competitive value procedure. The best competitive value procedures utilizes request for qualifications (“RFQ”) and/or request for proposals (“RFP”) to engage services on the basis of demonstrated competence and qualifications for the types of services to be performed and at fair and reasonable prices to the city. The following minimum guidelines and procedures shall be implemented. A Notice Inviting RFQs or RFPs. At a minimum, the notice inviting RFQs or RFPs shall: (1) describe the project; (2) state how to obtain more detailed information about the project; (3) state the date, time and place for the submission of qualifications or proposals; (4) describe general parameters for evaluation and selection; and (5) include any other information required by state or local law. B Published Notice. City staff shall solicit RFQs or RFPs via published notice on the city’s website or a website that electronically receives bids for not less than five (5) calendar days. C Review of Qualifications or Proposals. City will review and evaluate qualifications or proposals based on the evaluation and selection criteria in the RFQs/RFPs and rank proposals based on factors listed in the RFQ/RFP. D Negotiation. Once proposals are ranked, city may negotiate a contract with the highest ranked proposer only, may negotiate with multiple proposers, or may attempt to reach an agreement with the highest ranked proposer before negotiating with other proposers in order of ranking. City may also dispense with negotiations and recommend an award based on the proposals. Page 81 of 495 Ordinance No. 1410 Page 16 E Award. Award will be made in accordance with this chapter. F Rejection of Proposals or Qualifications. The city council may, in its sole and absolute discretion, reject all qualifications or proposals presented and re-advertise. 3.30.150 Alternative project delivery. As an alternative to the formal bidding procedure set forth in this chapter, the city may, for public projects, cause to be prepared estimates and documents for the procurement of public projects through alternative project delivery. Upon approval by the city council, the city may use the following methods of project delivery: design-build, progressive design-build, and construction manager/general contractor method. The purchasing officer is authorized to establish the procurement procedures for these methods of project delivery. As used in this chapter: A “Best value” means a value determined by evaluation of objective criteria that relate to price, features, functions, life-cycle costs, experience, and past performance. A best value determination may involve the selection of the lowest cost proposal meeting the interests of the city and meeting the objectives of the project. B “Construction Manager/General Contractor method” means a project delivery method in which a construction manager is procured to provide preconstruction services during the design phase of the project and construction services during the construction phase of the project. The contract for construction services may be entered into at the same time as the contract for preconstruction services or at a later time. The execution of the design and the construction of the project may be in sequential phases or concurrent phases. A Construction Manager/General Contractor method contract shall be awarded on a best value or qualifications basis. C “Design-build” means a project delivery process in which both the design and construction of a project are procured from a single entity. Design- build shall be awarded on a best value basis. D “Progressive design-build” means a project delivery process in which both the design and construction of a project are procured from a single design-build entity that is selected through a qualifications-based selection at the earliest feasible stage of the project. A progressive design-build contract shall be awarded on a best value or qualifications basis. 3.30.160 Exceptions to procurement methods. A Minimum Procurement Levels. When the city manager establishes a minimum dollar threshold where the procurement of public Page 82 of 495 Ordinance No. 1410 Page 17 projects, contractual services, professional services, and supplies are not subject to any of the required procurement methods in this chapter. The city shall work to procure these items in the best interest of the city. B Disaster Relief. When in the case of a disaster, as further explained in Chapter 2.48, the requirements of this chapte r do not apply. C Emergency. While the need for occasional emergency purchases is recognized, the practice must be curtailed as much as possible by anticipating needs so that normal purchasing procedures may be used. 1. “Emergency” means a sudden, unexpected occurrence that poses a clear, eminent danger requiring immediate action to protect the health and safety of the public, including to prevent or mitigate the loss or impairment of life, health, property or public services. 2. In the case of an emergency which requires the immediate procurement of public projects, contractual services, professional services or supplies, the city manager may authorize the purchasing officer to procure these items without regard to the provisions of this chapter; provided that a written public record shall be kept showing the nature of the emergency and the city manager’s authorization to proceed under the provisions of this section. The city manager shall terminate the emergency action at the earliest possible date that conditions warrant. D No Competitive Market. When the city manager determines that a competitive market does not exist or that the city will not gain a competitive advantage by using the formal bidding procedure, the city may use any other procurement method. E Competitive Bidding Already Completed. When the purchasing officer, with the approval of the city manager, determines that: (1) a competitive bid procedure has been conducted by another public agency, including, but not limited to, another local agency, the state through the California Multiple Award Schedule (CMAS), the federal government through the General Services Administration (GSA), or a joint powers agency, authority or alliance that procures competitive contracts; and (2) the price to the city is equal to or better than the price to that public agency. F State Purchase. When the purchase is made on behalf of the city by the State Department of General Services. G Mandated Expenditures. When expenditures are mandated by law or regulation, such as county booking fees, utilities, postage (for delivery charges through the U.S. Postal Service), waste disposal fees or other non - negotiable permit, use or application fees. H Shared Services. When the city council or city manager authorizes the award and execution of contracts for services, subject to the Page 83 of 495 Ordinance No. 1410 Page 18 dollar limits consistent with this chapter, that are provided by another government, public entity, joint powers authority, quasi-governmental entity, special district or nonprofit entity that will maximize efficiency, increase cost effectiveness, increase range of services, minimize duplication, provide training or education encourage collaboration or standardize efforts, or leverage government resources. I Best Interest of City. When the city council or city manager authorizes the award and execution of contracts, subject to the dollar limits consistent with this chapter, without competitive bidding provided that the city council or city manager finds that such award is in the best interest of the city, or of the public health, safety, and welfare. J Sole Source. When the city manager determines that there is only one source that provides the needed public project, contractual service, professional service or supplies or a product to ensure compatibility with other city products and equipment, the city shall work to procure these items in the best interest of the city. K Purchase of Recurring Charges. 1. The purchasing officer may create an approved vendor list for the purposes of providing specified services and goods for the fiscal year for ongoing cleanup, maintenance and different routine items that are of a continuing nature. The development and maintenance of the vendor list and specified services list will be established by the purchasing officer. 2. Prior to each fiscal year, an invitation to provide pricing for certain goods or services should be posted and remain posted through the fiscal year to offer vendors to provide pricing throughout the year and provide equal bidding opportunities. Additions to the vendor list may be approved continuously by the purchasing officer. Prices from each vendor shall be obtained in a manner to ensure competitive pricing, in the best interest of the city. Vendors shall be required provide updated pricing annually. 3. The aggregate yearly threshold for each vendor shall not exceed $25,000. 4. Vendors may remain on the list without reapplying for three (3) years plus two one-year extensions at the request of city staff. 5. Utilization of vendors on the list is to be prioritized by pricing, then by other appropriate criteria including quality, capability, availability, or similar criteria. Exceptions to the prioritization of pricing is subject to approval by the finance director or designee. L Technology Recurring Charges: 1. When renewing maintenance/support services, license(s), or Page 84 of 495 Ordinance No. 1410 Page 19 addressing similar needs for existing technology systems (software and hardware) procurement is permissible directly from the original developer/manufacturer or sole source provider if the city manager has determined that negotiations have yielded the best price, terms, and conditions. 2. When renewing maintenance/support services, license(s), or addressing similar needs for existing technology systems (software and hardware) procurement is permissible directly from a vendor/reseller previously selected following the City’s procurement standards; provided, that (1) the vendor/reseller has been used continuously since such selection, (2) the renewal involves no substantive changes, and (3) the city manager determines that proceeding with the vendor/reseller serves the City’s best interests. M Otherwise Authorized. When otherwise authorized by this chapter or applicable law. 3.30.170 Change orders. B The city manager or designee shall have authority to approve change orders for public projects, contractual services, professional services, and supplies previously awarded by the city manager, provided that change orders aggregated with the original contract do not exceed Two -Hundred Fifty Thousand Dollars ($250,000), subject to an unencumbered appropriation in the fund against which such expenditure is to be charged. C During the award of a contract by the city council, the council may give the city manager the authority to approve change orders, specific to that contract, based on either a percentage of the contract or a specific dollar amount. If no specific authority is given by the city council, the city manager may approve change orders for a city council awarded contract subject to the dollar limits consistent with this chapter, provided such change orders are within the approved contingency. D Change orders in excess of the city manager’s authority may be approved by the city manager and submitted to city council for ratification u nder the following circumstances: 1. The failure to immediately issue a change order may result in significant project cost increases or an unacceptable project delay due to work stoppage or other inefficiencies; 2. A special meeting or a regularly scheduled meeting of the city council is not scheduled within a reasonable period of time to sufficiently remedy the problem; and 3. Funding for the change order is currently available within the appropriated budget. Page 85 of 495 Ordinance No. 1410 Page 20 3.30.180 Local business preference program. A Statement of Policy. It is the policy of the city to promote employment and business opportunities for local residents and firms on all contracts and give preference to local residents, workers, businesses, contractors, and consultants to the extent consistent with the law and interests of the public. B Local Preference in Purchasing. In the bidding of, or letting for procurement of, supplies, materials, and equipment, as provided in this chapter, the purchasing officer may give a preference to local businesses in making such purchase or awarding such contract in an amount not to exceed five percent of the local business’ total bid price. Total bid price shall include not only the base bid price but also adjustments to that base bid price resulting from alternates requested in the solicitation. In order for a local business to be eligible to claim the preference, the business must request the preference in the solicitation response and provide a copy of its current business license from a jurisdiction in the Coachella Valley. C Local Preference in Professional Services. In awarding contracts for professional services, including consultant services, preference to local business shall be given whenever practicable pursuant to this chapter consistent with the statement of policy in subsection A of this section. The contractor or consultant will also, to the extent legally possible, solicit applications for employment and proposals for subcontractors and sub - consultants for work associated with the proposed contract from local residents and firms as opportunities occur and hire qualified local residents and firms whenever feasible. In order for a local business to be eligible to claim the preference, the business must request the preference in the solicitation response and provide a copy of its current business license from a jurisdiction in the Coachella Valley. D Exceptions to Local Business Preference Policy. The preference set forth in this section shall not apply to the following purchases or contracts: 1. Goods or services provided under a cooperative purchasing agreement; 2. Purchases or contracts which are funded in whole or in part by a governmental entity and the laws, regulations, or policies governing such funding prohibit application of that preference; 3. Purchases made or contracts let under emergency or noncompetitive situations; 4. Purchases with an estimated cost of twenty-five thousand dollars or more; Page 86 of 495 Ordinance No. 1410 Page 21 5. Application of the local business preference to a particular purchase, contract, or category of contracts for which the city council is the awarding authority may be waived at the city council’s discretion; 6. Public projects; 7. Bids that are nonresponsive. E Quality and Fitness. The preferences established in this section shall in no way be construed to inhibit, limit or restrict the right and obligation of the purchasing officer to compare quality and fitness for use of supplies, materials, equipment, and services proposed for purchase and compare the qualifications, character, responsibility, and fitness of all persons, firms, or corporations submitting bids or proposals. In addition, the preferences established in this section shall in no way be construed to prohibit the right of the city council or the purchasing officer from giving any other preference permitted by law or this chapter. F Verification of Local Business Preference Eligibility. Any vendor or consultant claiming to be a local business, shall so certify in the bid. The purchasing officer shall not be required to verify the accuracy of any such certifications, and shall have sole discretion to determine if a vendor or consultant meets the definition of “local business.” G Enforcement. 1. The information furnished by each bidder requesting a local business preference shall be under penalty of perjury. 2. No person or business shall knowingly and with intent to defraud, fraudulently obtain, retain, attempt to obtain or retain, or aid another in fraudulently obtaining or retaining or attempting to obtain or retain certification as a local business for the purpose of this section. 3. No person or business shall willfully and knowingly make a false statement with the intent to defraud, whether by affidavit, report, or other representation, to a city official or employee for the purpose of influencing the certification or denial of certification of any entity as a local business. 4. A business which has obtained city certification as a local business by reason of having furnished incorrect supporting information or by reason of having withheld information, and which knew or should have known the information furnished was incorrect or the information withheld was relevant to its request for certification, and which by reason of such certification has been awarded a contract to which it would not otherwise have been entitled, shall: a. Pay to the city any difference between the contract amount and what the city’s costs would have been if the contract had been properly awarded; Page 87 of 495 Ordinance No. 1410 Page 22 b. In addition to the amount described in subsection (G)(4)(a), be assessed a penalty in an amount of not more than ten percent of the amount of the contract involved; and c. Be subject to debarment from future award of contracts from the city. 5. The penalties identified in subsection (G)(4) shall also apply to any business that has previously obtained proper certification and, as a result of a change in its status would no longer be eligible for certification, fails to notify the purchasing officer of this information prior to responding to a solicitation or accepting a contract award. 3.30.190 Preference for recycled content. A Environmentally Preferable Practices. The city will act to make resource conservation an integral part of its waste reduction and recycling programs. The practice of discarding materials used in the city facilities is wasteful of natural resources, energy, and money. 1. The city will integrate the concept of resource conservation, including waste reduction and recycling, into its environmental programs. 2. The city will decrease the amount of waste of consumable materials by: a. Reducing the consumption of consumable material wherever possible. b. Fully utilizing all material prior to disposal. c. Minimizing the use of nonbiodegradable products wherever possible. 3. The city will cooperate with, and participate in, recycling efforts being made by the city and county. As systems for recovering waste and recycling develop within the city limits, the city will participate by appropriately separating and allowing recovery of recyclable waste products. 4. All vendors providing paper products and printing and writing paper shall: a. Provide recycled-content paper products and recycled- content printing and writing paper that consists of at least thirty percent, by fiber weight, postconsumer fiber, if fitness and quality are equal, and available at equal or lesser price. Page 88 of 495 Ordinance No. 1410 Page 23 b. Provide paper products and printing and writing paper that meet Federal Trade Commission recyclability standard as defined in 16 Code of Federal Regulations (CFR) Section 260.12. c. Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the paper products and printing and writing paper offered or sold to the city. This certification requirement may be waived if the percentage of postconsumer material in the paper products, printing and writing paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website. d. Certify in writing, on invoices or receipts provided, that the paper products and printing and writing paper offered or sold to the city is eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations (CFR) Section 260.12. B Representatives of the city will actively advocate, where appropriate, for resource conservation practices to be adopted at the local, regional, and national levels. C City employees shall refer to the adopted recovered organic waste product procurement policy for proper purchasing and recordkeeping procedures related to recovered organic waste products and recycled -content paper products and recycled-content printing and writing paper. 3.30.200 Nondiscrimination in contracting. A. Statement of Policy. 1. It is the policy of the city to promote the principles of equal opportunity in its contracting activities by assuring that those seeking to do business with the city will treat contractors, subcontractors, and employees equally and will not engage in discrimination against their contractors, subcontractors, or employees because of their actual or perceived race, color, religion, ancestry, national origin, disability, medical condition, marital status, domestic partner status, sex, gender, gender identity, gender expression, or sexual orientation or as a member of any other protected class. 2. It is also the policy of the city to ensure that work performed on behalf of the city is done in a cost effective and high quality manner B. Basic Contract Requirement Prohibiting Discrimination. The city shall not enter into any contract valued at more than $10,000 with any contractor, unless such contractor agrees to be bound by contract to provisions prohibiting discrimination in employment and the provision of employment benefits on the Page 89 of 495 Ordinance No. 1410 Page 24 basis of actual or perceived race, color, religion, ancestry, national origin, disability, medical condition, marital status, domestic partner status, sex, gender, gender identity, gender expression, or sexual orientation as these terms are defined by California law, or association with members of classes protected under this Section or in retaliation for opposition to any practices forbidden under this Section, against any person seeking accommodations, advantages, facilities, privileges, services, or membership in all business, social, or other establishments or organizations, operated by that contractor, and shall require s uch contractor to include a similar provision in all subcontracts. C. Certification. Every contractor certify compliance with the City’s nondiscrimination policy prior to contract award in a form acceptable to the city manager. No contract shall be awarded until the contractor has submitted to the city such certification. The certification shall contain the following: 1. Contractor certifies and represents that, during the performance of the contract, the contractor and any other parties with whom it may subcontract shall adhere to the city’s nondiscrimination policy as provided in the Section. 2. Contractor shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of this contract, state that it is an “equal opportunity employer” or that all qualified applicants will receive consideration for employment without regard to their actual or perceived race, color, religion, ancestry, national origin, disability, medical condition, marital status, domestic partner status, sex, gender, gender identity, gender expression, or sexual orientation. 3. If requested to do so by the purchasing officer, contractor shall provide the city with access to copies of relevant records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law. 4. Nothing contained in this contract shall be construed in any manner so as to require or permit any act which is prohibited by law. 5. The contractor shall include the provisions set forth in paragraphs (1)—(4) of this Subsection (C) of this Section, inclusive, in each of its subcontracts. D. Investigation and Monitoring. All contracts shall include appropriate provisions that will allow the purchasing officer to review, monitor, and investigate compliance with this Section and to require each contractor to allow and provide full access to all applicable records, rules, regulations, documents, and other pertinent data necessary for the qualitative and quantitative evaluation of each contractor’s compliance with the provisions of this Section. E. Enforcement. Page 90 of 495 Ordinance No. 1410 Page 25 1. In the event the purchasing officer determines the contractor is not in substantial compliance with the provisions of this Section, the purchasing officer may recommend to the city manager, the initiation of one or more of the following rights and remedies described in this subsection, in addition to any rights and remedies otherwise provided in the applicable contract or by law or equity: a. Termination of the contract and bar the contractor from bidding on future contracts with the city for two (2) years from the effective date of the contract termination; b. Assess liquidated damages in the amounts specified in the contract where it is found the contractor willfully violated the requirements of this Section; and c. Seek recovery of reasonable attorneys’ fees and costs incurred for enforcement of this Section. 2. The purchasing officer shall issue written findings and mail a copy of the findings to the contractor by first class mail and by any other means provided in the contract. F. Appeals. 1. Within five (5) business days of the notice of the purchasing officer’s findings, the contractor may file a written appeal of the purchasing of ficer’s determinations to the city clerk. 2. The city clerk shall set the matter for hearing and shall cause a Notice of Hearing to be given to the contractor and to such other persons as may have identified themselves as interested in the decision. 3. The hearing shall be conducted as an independent reexamination of the matter before an independent hearing officer. The contractor shall have the burden of proof in all cases, and if the contractor fails to appear either in person or by counsel, or fails to present or offer any evidence, the hearing officer may adopt the decision of the purchasing officer or may decide the matter upon the record with or without taking any additional evidence. Any oral or documentary evidence may be received, but the hearing officer shall exclude irrelevant, immaterial or unduly repetitious evidence. The hearing officer’s decision shall be made upon substantial evidence. In other words, if an essential finding is based upon hearsay or secondary evidence, such evidence must be of the type which would be admissible in a court of law as proof of such finding. 4. Upon the hearing of the appeal the hearing officer may refer the matter back to the purchasing officer with directions for further consideration, or the hearing officer may reverse, affirm, or modify the decision as may appear just and reasonable in light of the evidence presented. The decision of the hearing officer shall be supported by written findings and shall include the reasons for the ruling. Notice of the hearing officer’s decision shall be served on the contractor, Page 91 of 495 Ordinance No. 1410 Page 26 the purchasing officer, and the city clerk. The hearing officer’s decision shall be final. G. Exceptions and Waivers. 1. The city manager may waive the requirements of this Section under the following circumstances: a. Whenever the city manager finds that there is only one prospective contractor willing to enter into a real property agreement with the city for use of city property on the terms and conditions established by the city, or that the needed goods, services, construction services for a public work or improvement, or interest in or right to use real property are available only from a sole source, and the prospective contractor is not currently disqualified from doing business with the city, or f rom doing business with any governmental agency based on any contract compliance requirements; b. Where the city manager determines that the contract or real property agreement is necessary to respond to an emergency which endangers the public health or safety and no entity which complies with the requirements of this Section capable of responding to the emergency is immediately available; provided that such certification must be made prior to or within five (5) business days of execution of the contract or real property agreement on behalf of the city; c. Where the city attorney certifies in writing to the city council that the contract involves specialized litigation requirements such that it would be in the best interests of the city to waive the requirem ents of this Section; provided such certification is made prior to execution of the contract on behalf of the city. 2. This Section shall not apply where the prospective contractor is a public entity and the city manager finds that supplies, services, cons truction for a public project or improvement or interest in or right to use real property of comparable quality or accessibility as are available under the proposed contract or property contract are not available from another source, or that the proposed contract or property contract is necessary to serve a substantial public interest. 3. This Section shall not apply where the city manager finds that the requirements of this Section will violate or are inconsistent with the terms or conditions of a grant, subvention or agreement with a public agency or the instructions of an authorized representative of any such agency with respect to any such grant, subvention or agreement, provided that the contracting officer has made a good faith attempt to change the terms or conditions of any such grant, subvention or agreement to authorize application of this Section. Page 92 of 495 Ordinance No. 1410 Page 27 4. Upon the request of a potential contractor or upon the purchasing officer’s own initiative, after taking all reasonable measures to find an entity tha t complies with the law, the city manager may waive any or all of the requirements of this Section for any contract, real property agreement, or bid package advertised and made available to the public, or any competitive or sealed bids received by the city under the following circumstances: a. Where the city manager determines that there are no qualified responsive bidders or prospective contractors who could be certified as being in compliance with the requirements of this Section and that the contract or real property agreement is for supplies, services, or a public project that is essential to the city or city residents; or b. Where the city manager determines that transactions entered into pursuant to bulk purchasing arrangements through federal, State, or regional entities which actually reduce the city’s purchasing costs would be in the best interests of the city; or c. Where the city manager determines that the requirements of this Section would result in the city’s entering into a contract with an ent ity that was set up, or is being used, for the purpose of evading the intent of this Section, which is to prohibit the city from entering into contracts with entities that discriminate based on the criteria set forth in this Section. 5. The waiver authority granted to the city manager in this Subsection shall be subject to the requirements that: a. All proposed waivers must set forth the reasons the city manager is requesting the waiver, what steps were taken to find an entity that complies with this Subsection and why the waiver does not defeat the intent of this Section, which is to prohibit the city from entering into contracts with entities that discriminate based on the criteria set forth in this Chapter. Such waivers shall be filed with the city clerk and a notice of such waiver shall be presented to the city council on the next available city council agenda; and b. For any contract or real property agreement subject to approval by the city council, the city manager shall include a statement in the approving resolution and related staff report whether any waiver under this Section is proposed for that contract.” Page 93 of 495 Page 94 of 495 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: April 25, 2024 PREPARED BY: Michelle Nance, Deputy Clerk I REQUEST: ADOPTION OF ORDINANCE NO. 1411 TO ADOPT A ZONING ORDINANCE AMENDMENT TO IMPLEMENT RESIDENTIAL AND MIXED-USE OBJECTIVE DESIGN STANDARDS AND MAKING A FINDING OF EXEMPTION UNDER CEQA RECOMMENDATION: Adopt Ordinance No. 1411 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT OF THE PALM DESERT MUNICIPAL CODE TO ADD CHAPTER 25.42 – MULTIFAMILY AND MIXED-USE OBJECTIVE DESIGN STANDARDS, AMENDING OTHER CHAPTERS OF TITLE 25 TO IMPLEMENT CITY-WIDE MULTIFAMILY AND MIXED-USE RESIENTIAL OBJECTIVE DESIGN STANDARDS AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. CASE NO. ZOA24-0001” BACKGROUND/ANALYSIS: On April 11, 2024, the City Council unanimously introduced Ordinance No. 1411 for first reading. This report provides for the City Council to waive further reading and adopt the ordinance. The ordinance shall be effective 30 days from adoption. FINANCIAL IMPACT: There is no direct financial impact with this action. ATTACHMENTS: Ordinance No. 1411 Page 95 of 495 Page 96 of 495 ORDINANCE NO. 1411 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT OF THE PALM DESERT MUNICIPAL CODE TO ADD CHAPTER 25.42 – MULTIFAMILY AND MIXED-USE OBJECTIVE DESIGN STANDARDS, AMENDING OTHER CHAPTERS OF TITLE 25 TO IMPLEMENT CITY-WIDE MULTIFAMILY AND MIXED-USE RESIENTIAL OBJECTIVE DESIGN STANDARDS AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. CASE NO. ZOA24-0001 WHEREAS, Government Code Section 65800 et seq. provides for the amendment of any and all adopted City of Palm Desert (“City”) zoning laws, ordinances, rules and regulations; and WHEREAS, on September 29, 2017, in an effort to address the State’s ongoing housing crisis, Governor Newsom signed Senate Bill 35 (Wiener) into law, which amended Government Code Sections 65400 and 65582.1, and added Section 65913.4, requiring cities and counties to streamline their review and approval of eligible housing projects; and WHEREAS, on October 9, 2019, in an effort to address the State’s ongoing housing crisis, Governor Newsom signed Senate Bill 330 (Skinner) into law, which amended Government Code Section 65589.5 and 65941.1 of the Government Code, relating to housing limiting a jurisdiction’s ability to deny a housing project when it complies with all objective general plan and zoning standards; and WHEREAS, on September 28, 2022, in an effort to address the State’s ongoing housing crisis, Governor Newsom signed Assembly Bill 2011 (Wicks) into law, which amended Government Code Section 65400 and 65585, and added 65912.100 -101 requiring jurisdictions to subject certain multifamily housing projects in commercial districts to a ministerial, streamlined approval process if the development satisfies specified objective planning standards; and WHEREAS, the City of Palm Desert will amend the Palm Desert Municipal Code to provide regulations for Multifamily and Mixed-Use Objective Design standards to ensure quality, economically feasible, and sustainable design under the streamlined review and approval processes required by state law; including Senate Bill (“SB”) 35, SB 330, and Assembly Bill (“AB”) 2011; and WHEREAS, the City has complied with the requirements of the Local Planning and Zoning Law (Government Code section 65100 et seq.), and the City’s applicable ordinances and resolutions with respect to approval of amendments to Title 25 of the Palm Desert Municipal Code (“Zoning Ordinance”); and WHEREAS, in an effort to comply with Housing Streamlining Laws and anticipated removal of the discretionary design and site review process for certain housing projects, an amendment to the City’s Zoning Ordinance regulating and implementing Objective Page 97 of 495 Ordinance No. 1411 Page 2 Design Standards is proposed and attached hereto as Exhibit “A” of this Ordinance and the Palm Desert Multifamily and Mixed-Use Objective Design Standards are attached hereto as “Exhibit B”; and WHEREAS, the ZOA modified the Palm Desert Municipal Code (PDMC) Title 25 (Zoning) to change and update land uses and definitions; and WHEREAS, under Section 21067 of the Public Resources Code, Section 15367 of the State California Environmental Quality Act (CEQA) Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) and the City of Palm Desert’s (“City’s”) Local CEQA Guidelines, the City is the lead agency for the Project; and WHEREAS, the Project has complied with the requirements of the "City of P alm Desert Procedure for Implementation of CEQA” Resolution No. 2019-41, in that the Director of Development Services has determined that the Project will not have a foreseeable significant impact on the environment and that the Project is eligible for an exemption exempt Section 15061(b)(3) General Rule of the CEQA Guidelines; therefore, no further environmental review is necessary at this time; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did schedule a public hearing on January 16, 2024, to consider the requestion, which was cancelled due to a lack of quorum; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on February 6, 2024, hold a duly noticed public hearing to consider the project and unanimously voted to adopt Planning Commission Resolution No. 2852 recommending the City Council approve the project with modifications; and WHEREAS, the City Council of the City of Palm Desert, California, did on March 14, 2024, hold a duly noticed public hearing to consider the recommendation of Planning Commission Resolution No. 2852; and WHEREAS, at said public hearing, the City Council requested modifications of the Palm Desert Multifamily and Mixed-Use Objective Design Standards Document which included several substantial modifications to several standards contained in said Document which constitute a modification of the Planning Commission recommendation; and WHEREAS, pursuant to Government Code Section 65837 any modification of the proposed ordinance or amendment by the City Council not previously considered by the planning commission during its hearing, shall first be referred to the planning commission for report and recommendation, but the planning commission shall not be required to hold a public hearing thereon; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on April 2, 2024, hold a public meeting to consider the modified ordinance, which includes the City Council revisions of the Palm Desert Multifamily and Mixed-Use Objective Design Standards Document and adopted Planning Commission Resolution No. 2863 recommending the City Council approve the project with modification; and Page 98 of 495 Ordinance No. 1411 Page 3 WHEREAS, the City Council of the City of Palm Desert, California, did on the 11th day of April 2024, hold a duly noticed public hearing to consider the request by the Applicant for approval of the above-noted Project request; and WHEREAS, at the said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the City Council did find the following facts and reasons, which are outlined in the staff report, exist to justify approval of said request: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. Findings. The City Council hereby finds that: A. The City of Palm Desert, California (“City”), a municipal corporation duly organized under the constitution and laws of the State of California; and B. The Planning and Zoning Law authorizes cities to establish by ordinance the regulations for land use and development. SECTION 2. Amendment. The Planning Commission of the City of Palm Desert recommends that the City Council of the City of Palm Desert, California, approve and adopt the PDMC amendment to Title 25 as shown in Exhibit “A” and Palm Desert Multifamily and Mixed-Use Objective Design Standards shown in Exhibit “B” which is attached hereto and incorporated herewith. SECTION 3. CEQA. Pursuant to the California Environmental Quality Act (CEQA), Public Resources Code Section 21000, et. seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively “CEQA”), the adoption of the Ordinance implementing the objective design standards and the Multifamily and Mixed-Use Objective Design Standards do not constitute a “project ” within the meaning of Public Resources Code Section 21065, 14 Cal Code Regs. Section 15060(c)(2) or 15378 because it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Even if the adoption of the Ordinance implementing the objective design standards and the Multifamily and Mixed-Use Objective Design Standards document did constitute a project under CEQA, the objective design standards documents fall within the “common sense” exemption set forth in 14 Cal. Code Regs. Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment…” Therefore, the proposed objective design standards documents do not warrant further environmental review. This determination reflects the independent judgement and analysis of the City as the lead agency for the Amendment. SECTION 4. CEQA. The application has complied with the requirements of the “City of Palm Desert Procedure for Implementation of CEQA” Resolution No. 2019 -41, in that the City Council finds that the Project is an exemption from CEQA per Section Page 99 of 495 Ordinance No. 1411 Page 4 15061(b)(3) of the CEQA guidelines as the Project is a determination on whether a use that is not listed shall be deemed a conditional use . No direct, foreseeable impact on the environment can be identified at this time. SECTION 5. Severability. If any section, subsection, clause or phrase of this Ordinance or any part thereof is for any reason held to be invalid, unconstitutional, or unenforceable by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of the Ordinance. The City Council declares that it would have passed each section, subsection, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause or phrase would be declared invalid, unconstitutional or unenforceable. SECTION 6. Publication. The City Clerk of the City of Palm Desert, California, is hereby directed to publish a summary of this Ordinance in the Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effective thirty (30) days after its adoption.to the Commission shall attest and certify to the passage and adoption thereof. ADOPTED ON APRIL 11, 2024. KARINA QUINTANILLA MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Ordinance No. 1411 is a full, true, and correct copy, and was introduced at a regular meeting of the City Council of the City of Palm Desert on April 11, 2024, and adopted at a regular meeting of the City Council held on April 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 100 of 495 Ordinance No. 1411 Page 5 “EXHIBIT A” ZONING ORDINANCE AMENDMENT SECTION 1. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code Chapter 25.42 is hereby added as follows. Chapter 25.42 MULTIFAMILY AND MIXED-USE OBJECTIVE DESIGN STANDARDS Sections: 25.42.010 – Purpose and intent 25.42.020 – Applicability 25.42.030 – Relationship to other standards and requirements 25.42.040 – Exceptions 25.42.050 – Review and decision 25.42.060 – Appeals 25.42.070 – Post-decision procedure 25.42.010 - Purpose and intent This chapter is intended to establish and apply objective design standards to new multi-family residential and mixed- use development projects within the City of Palm Desert where state law limits the City’s enforcement of design standards to objective standards or where state law or the Palm Desert Municipal Code requires a ministerial approval process, except for those projects described in Section 25.42.040. The purpose of this chapter is to: 1. Create high-quality, enforceable objective design standards. 2. Streamline the review and approval process for qualifying residential and mixed-use projects. 3. Ensure greater certainty for applicants, decision makers, residents, and the public. 4. Enhance the existing character and to maintain compatibility with other established uses within the City as new development and property improvements occur. 5. Continue to ensure the highest level of design quality while allowing for appropriate flexibility to create variation as needed. 6. Create objective design standards that involve no personal or subjective judgement, verifiable by reference to an external and uniform benchmark or criterion. 7. Facilitate the implementation of the Palm Desert General Plan. 8. Update standards on a timely basis to respond to new legislative actions. 25.42.020 - Applicability 1. The provisions of this chapter shall apply to all new multi-family residential and mixed- use development projects located within the following zoning districts: Page 101 of 495 Ordinance No. 1411 Page 6 A. Mixed Residential District (R-2). B. Multifamily Residential District (R-3). C. Planned Residential District (PR). D. Office Professional (OP). E. Planned Commercial (PC). F. Specialty Commercial Center (PC-1). G. District Commercial Center (PC-2). H. Regional Commercial Center (PC-3). I. Resort Commercial Center (PC-4) 2. The provisions of this chapter shall apply where state law or the Palm Desert Municipal Code requires a ministerial approval process. 3. The City of Palm Desert Objective Design Standards are hereby adopted and incorporated by reference herein, and as adopted by City the City Council and amended from time to time. 25.42.030 - Relationship to other standards and requirements The City of Palm Desert intends this chapter to establish reasonable, uniform and comprehensive standards and procedures for multi-family residential and mixed housing development within applicable areas, consistent with and to the extent permitted under federal and California State law. The standards and procedures contained in this chapter are intended to, and should be applied to, protect and promote public health, safety and welfare, and also balance the benefits that flow from robust, comprehensive housing development with the city’s local values, which include, without limitation, the aesthetic character of the City, its neighborhoods and community. The provisions of this chapter are intended to supersede other chapters and design guidelines, except as noted below: 1. Standards for Applicable Zoning District. The Objective Design Standards supplement and are in addition to the development standards for the applicable zoning district in which a proposed project is located. 2. Subdivision Regulations. Title 26 establishes regulations for the subdivision of land throughout the City of Palm Desert. Where conflict exists between the Objective Design Standards and the provisions of Title 26, the Objective Design Standard shall govern. 3. Relation to Other Regulations. Where a conflict occurs between the requirements of the Objective Design Standards and other city requirements, the more restrictive provisions shall apply. 4. The Objective Design Standards provide language, diagrams, sketches, and graphics to assist developers and the pub in understanding the standards and how they shall be applied to qualifying residential projects. 25.42.40 Exceptions A. Projects seeking to deviate or to not comply with the objective design standards are required to obtain Design Review approval by the Architectural Review Commission Page 102 of 495 Ordinance No. 1411 Page 7 pursuant to the requirements of Chapter 25.68, prior to obtaining approval by the Planning Commission. B. Exempt Housing Projects. The provisions of this chapter are not applicable to: 1. Single-family detached homes. 2. Single-family detached homes as part of a major subdivision. 3. Duplex homes. 4. Accessory dwelling units pursuant to Section 25.34.030. 5. Two-unit projects pursuant to Section 25.34.080. 6. Renovations, additions, or expansions of existing residential buildings. i. Where an addition or expansion of existing residential multi-family and mixed use residential is greater than 50%, of the existing floor area, the site plan shall comply with the Objective Design Standards for landscaping. 7. Mixed-use projects with less than two-thirds of the building square footage dedicated to housing. 8. Housing developed within Specific Plans which have adopted objective design standards as a part of the Specific Plan. If the specific plan silent regarding a standard, the ODS shall govern. 25.42.50 Review and decision procedure 1. The Director shall be the review authority for any Objective Design Review approval for projects subject to the objective design standards. Land use approval of any entitlement required in conjunction of the Objective Design Review shall be made by the review authority identified in Chapter 25.60 – Procedures. 2. The applicant shall subm it all materials required by the Director, including any materials required by checklists created for the review process. 3. The Director shall evaluate the application based on the project’s conformance with the objective development and design standards. 4. In approving an Objective Design Review subject to objective design standards, the Director may impose conditions of approval as deemed necessary to: a. Ensure that the proposal conforms to the general plan and other applicable plans, or policies adopted by the City Council and or additional discretionary approvals. b. Ensure that the proposal meets the requirements of the zoning district where the proposal is located, as well as any other applicable provisions of the Development Code; and c. Comply with the objective design standards as adopted within, or by reference in Section 25.42. 25.42.060 – Appeals The Design Review for Residential projects utilizing objective design standards are evaluated under a ministerial review process for conformance with this section. The review authority may restrict or deny a proposed residential design if they determine that the design is not consistent with the objective design standards. The appeal will be heard by the Planning Commission and shall be subject to a review by the Architectural Review Commission consistent with the Design Review process and the requirements of Chapter 25.68. Page 103 of 495 Ordinance No. 1411 Page 8 25.42.070 Post-decision procedures The procedures and requirements relating to appeals, project revisions, issuance of a building permit, effective dates, lapse of approval, extensions, and revocations located in Chapter 25.60 – Procedures shall apply following the decision on an application for an Objective Design Review. To the extent any state law limits the total number of public hearings that may be held on a project, including appeals, the Planning Commission shall have the discretion, to refer the appeal directly to the Council for a decision. SECTION 2. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code Section 25.10.030 is hereby amended as follows: 25.10.030 Allowed Land Uses and Permit Requirements Table 25.10-1 “Use Matrix for Residential Districts” below identifies land uses and corresponding permit requirements for residential districts and all other provisions of this title. Descriptions/definitions of the land uses can be found in Chapter 25.99 (Definitions). The Special Use Provisions column in the table identifies the specific chapter or section where additional regulations for that use type are located within this title. Use regulations in the table are shown with a representative symbol by use classification listing: “P” symbolizes uses permitted by right, “A” symbolizes uses that require approval of an administrative use permit, “C” symbolizes uses that require approval of a conditional use permit, and “N” symbolizes uses that are not permitted. Uses that are not listed are not permitted. However, the Commission may make a use determination as outlined in Section 25.72.020 (Use Determinations). Table 25.10-1: Use Matrix for Residential Districts Residential Zoning District (P=Permitted; A=Administrative Use Permit; L=Large Family Day Care Use Permit; C=Conditional Use Permit; N=Not Permitted) RE R-1 R-2 R-3 R- 1M HPR PR Special Use Provisions Residential Uses Assisted living N C C C N N C Accessory dwelling unit P P P P P N P 25.34.030 Condominium N N C C N N C 25.42 Dwelling, duplex N N P P N N N Dwelling, multifamily N N P P N N C 25.10.040.A / 25.42 Dwelling, second P P P P N P P 25.34.030 Dwelling, single-family P P P N N P P Farmworker housing N N N N N N N Group home P P P N N P P 25.10.040.B Guest dwelling P P P N N P P Home-based business P P P P P P P 25.34.020 Junior accessory dwelling unit P P P P P N P 25.34.030 Manufactured home parks N N N N C N N Planned unit development, residential N N C C N C C 25.10.040.C Transitional and supportive housing see Note 1 25.42 Page 104 of 495 Ordinance No. 1411 Page 9 Residential Zoning District (P=Permitted; A=Administrative Use Permit; L=Large Family Day Care Use Permit; C=Conditional Use Permit; N=Not Permitted) RE R-1 R-2 R-3 R- 1M HPR PR Special Use Provisions Agriculture-Related Uses Apiary P P P N N P P 25.34.170 Botanical conservatory A N N N N N N Crops and horticulture, limited A N N N N N N Domestic animals P P P P P P P Garden, private P P P P P P P Greenhouse, commercial C N N N N N N Greenhouse, private P P P A A P P Horticulture, private P P P P P P P Kennel C N N N N N C 25.10.040.D Livestock raising, noncommercial C N N N N N N Nursery C N N N N N N Orchard A N N N N N N Stable, boarding A N N N N N N 25.10.040.E Stable, private A N N N N N N 25.10.040.E Recreation, Resource Preservation, Open Space, and Public Assembly Uses Cemetery N N N N N N C Community facility N N N N N N C Club, private N N C C N N C Crematory N N N N N N N Day care, large family P P P P P P P Day care, small family P P P P P P P Institution, educational2 C C C C C N C Institution, general2 N N N C N N C Institution, religious C C C C N N C Public park P P P P P P P Recreational use, commercial N N N N N N C 25.10.040.G Recreational vehicle park N N N N C N C Recreation facility, commercial N N N N N N N Recreation facility, incidental C C C C C N C 25.10.040.H Recreation facility, private P N N P P N P Recreation facility, public C C C C C N C Utility, Transportation, Public Facility, and Communication Uses Electric substation N N N N N N N Fire station C C C C N N C Public service facility C C C C C N N Public utility C C C C C N N Utility facility N N N N N N C Retail, Service, and Office Uses Bed and breakfast C N N C N N N Commercial parking lot N C N C N N N 25.10.040.I Condominium hotel, converted N N C C N N C Hospital N N C C N N C Hotel N N N C N N C 25.10.040.J Neighborhood government office N N C C N N N 25.10.040.K Office parking lot N C C C N N N 25.10.040.L Professional office N N C C N N N 25.10.040.M Resort hotel N N N C N N C 25.10.040.J Timeshares N N N N N N C Temporary Uses See Section 25.34.080 Notes: Page 105 of 495 Ordinance No. 1411 Page 10 1. Transitional and supportive housing shall be subject to only those restrictions that apply to other residential uses of the same type in the same zone. 2. Trade schools are not permitted. Section 3 – Section 25.10.050 SECTION 3. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code Section 25.10.040 is hereby amended as follows: 25.10.040 Specific Use Standards A. Multifamily. Multifamily dwelling units are permitted within the R-2 district up to a maximum of 10 dwelling units per acre, or as indicated on the zoning map. Multifamily dwelling units are permitted within the R-3 district at densities between 7 and 40 dwelling units per acre, or as indicated on the zoning map. All new multifamily uses, mixed-use residential, and attached condominiums must comply with the requirements of 25.42 – Objective Design Standards. SECTION 4. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code Section 25.16.030 is hereby amended as follows: 25.16.030 Allowed Land Uses and Permit Requirements Table 25.16-1 (Use Matrix for Commercial and Industrial Districts) identifies allowed uses and corresponding permit requirements for commercial and industrial districts and all other provisions of this title. Descriptions/definitions of the land uses can be found in Chapter 25.99 (Definitions). The “Special Use Provisions” column in the table identifies the specific chapter or section where additional regulations for the specific use type are located within this title. Use regulations in the table are shown with representative symbols by use classification listing: “P” symbolizes uses permitted by right, “A” symbolizes uses that require approval of an administrative use permit, “C” symbolizes uses that require approval of a conditional use permit, and “N” symbolizes uses that are not permitted. Uses that are not listed are not permitted. However, the Commission may make a use determination as outlined in Section 25.72.020 (Use Determinations). Table 25.16-1: Use Matrix for Commercial and Industrial Districts Page 106 of 495 Ordinance No. 1411 Page 11 Commercial/Industrial District (P=Permitted; A=Administrative Use Permit; C=Conditional Use Permit; N=Not Permitted) OP PC-1 PC-2 PC-3 PC-4 SI Special Use Provisions Residential Uses Caretaker housing N N N N N P 25.16.040.A Condominium C C C N C C 25.16.040.B / 25.42 Dwelling, duplex C C C C C C 25.16.040.B Dwelling, multifamily C C C C C C 25.16.040.B / 25.42 Dwelling, single-family C C C N C C 25.16.040.B Group home C C N N C C 25.16.040.B / 25.42 Single-room occupancies N N N N N C Homeless shelter N N N N N P Recreation, Resource Preservation, Open Space, and Public Assembly Uses Amusement facility, indoors N N C C C N Amusement facility, outdoors N N N C C N Community facility N N N N N P Day care center N A A A A N Emergency shelters N P N N N P Entertainment facility, indoor N N N P P N Entertainment facility, outdoor N N N P P N Institution, educational C C C N N C Institution, general C N C N N C Institution, religious C N C N N C Open space (developed or natural) N P P N P N Recreation facility, commercial N N P P P N Recreation facility, private N N N P P N Theater/auditorium N N P P N N Utility, Transportation, Public Facility, and Communication Uses Commercial communication tower C C C C C C 25.16.040.C Commercial parking lot C N N N N N Public utility installation N N N N N P Public facility (utility or service) N N N N N P Utility facility N N C N N P Retail, Service, and Office Uses Accessory massage establishment P N P P P N 25.34.160 Adult entertainment N N N N N C 25.16.040.D Ancillary commercial A P P P N A 25.16.040.E Art gallery A P P P P C Art studio A P P P P C Bed and breakfast N A A A A N Business support services N N N N P P Cannabis retail N C C C C N 25.34.120 Cannabis testing and research laboratory C N N N N C 25.34.120 Convention and visitors bureau N N P N P N Drugstore N P P P N N Financial institution C P P P N N Grocery store N P P P N N 25.16.040.F Health club, gyms or studios N A P P P A Hotel N A A A P N 25.34.070 Independent stand-alone massage N N P P N N 25.34.160 Liquor store N P P P N N Page 107 of 495 Ordinance No. 1411 Page 12 Commercial/Industrial District (P=Permitted; A=Administrative Use Permit; C=Conditional Use Permit; N=Not Permitted) OP PC-1 PC-2 PC-3 PC-4 SI Special Use Provisions Liquor, beverage and food items shop N P P P P N Medical, clinic P N P P N N Medical, office P P P P N N Medical, hospital N N N N N C Medical, laboratory P N N N N P Medical office, accessory N N N N N P 25.16.040.G Medical, research facility P P N N N C Mortuary N N N N N P Office, professional P N P P P P Office, local government P N N N N P Office, travel agency P P P P P N Outdoor sales N N A A A A Personal services N P P P P N Restaurant A A A A P A 25.16.040.E / H Retail N P P P P N Retail, bulky items N N N P P N Spa N N P P P N Time-share project N N N C C N Veterinary clinics/animal hospitals A N A A N A Pet boarding N A A A N A Automobile and Vehicle Uses Automotive rental agency N N N N P P Automotive gasoline station N N C C N C 25.34.090 Automotive service facility N N C C N P 25.34.090 Automotive sales new and used (outdoor/indoor) N N N N N C (outdoor) A (indoor) Automotive sales of accessory parts and supplies N N N P P N Vehicle storage facility N N N N N P 25.16.040.I Industrial, Manufacturing, and Processing Uses Cannabis cultivation N N N N N C 25.34.120 Cannabis delivery N N N N N C 25.34.120 Cannabis distribution N N N N N C 25.34.120 Cannabis manufacturing N N N N N C 25.34.120 Industrial planned unit development N N N N N P Light industrial and research and development N N N N N P Maintenance facility N N N N N P Pest control facility N N N N N P Preparation of foodstuffs N N N N N P Production of home and office decor accessories N N N N N P Warehouse or storage facility N N N N N P Temporary Uses See Section 25.34.080 Page 108 of 495 Ordinance No. 1411 Page 13 1 The establishment may be permitted with an administrative use permit but may be elevated to a conditional use permit at the discretion of the ZA based on: parking, traffic, or other impacts. SECTION 5. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code Section 25.16.040(B) is hereby amended as follows: B. Residential (mixed use). Residential uses may be established and maintained to be compatible with the permitted or the approved conditional uses in the vicinity. Residential uses may be conditionally approved in a mixed-use development subject to a conditional use permit to review for compatibility with existing use in the vicinity. All new multifamily or mixed- use developments shall be subject to Chapter 25.42. SECTION 6. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code Section 25.60.070 is hereby amended as follows: 25.60.070 Approving Authority A. Designated approving authority. The approving authority as designated in Table 25.60-1 (Approving Authority for Land Use Permits/Entitlements) shall approve, conditionally approve, or deny the proposed land use or development permit or entitlement in accordance with the requirements of this title. Table 25.60-1 identifies recommending (R), final (F), and appeal (A) authorities for each permit or entitlement. In acting on a permit, the approving authority shall make all required findings. Table 25.60-1: Approving Authority for Land Use Permits/Entitlements Type of Entitlement, Permit, or Decision ZA Director ARC PC CC Residential remodels and additions F A A F Certificates of use and occupancy F A A Temporary use permits F A A Home-based business permits F A A Large family day care use permits F F RR Adjustments F A F RR Administrative use permits F F RR Reasonable accommodation F A F RR Design Reviews R F A Objective Design Review F R A2 A Sign design review R F A Zoning decision F A A Use determinations R F A Precise plans R R1 F A Development plans R R1 F A Conditional use permits R R1 F A Condominium conversion permits R F A Variances R R1 F A Planned community developments R R1 R F Amendments—Zoning ordinance R R F Page 109 of 495 Ordinance No. 1411 Page 14 Amendments—Zoning map R R F Prezoning for annexed areas R R F Development agreements R R F General Plan updates R R F Director=Director of Community Development, ZA=Zoning Administrator, ARC=Architectural Review Commission, PC=Planning Commission, CC=City Council, R=Review Body, F=Final Decision (unless appealed), A=Appeal Body, and RR=Request Review only. Footnote: 1. A final determination is made by the ARC for design-related decisions as specified in Chapter 25.68 (Decisions by the Architectural Review Commission). 2. All appeals of the Director’s Determination shall be made to the Planning Commission and shall be subject to a discretionary review by the ARC subject to Section 25.68.040 Findings of the ARC, in addition to other appeal findings required by this Title. SECTION 7. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code Section 25.68.020 is hereby amended as follows: 25.68.020 Design Review Required A. Purpose and applicability. Design review allows for specified projects to be reviewed by the ARC to ensure that design objectives of Palm Desert as specified in the General Plan are achieved. Design review is required, as follows: 1. Prior to permit issuance. No plan, elevation for buildings or structures, or alterations shall be approved and no permit shall be issued for any building, structure, sign, or other development of property or appurtenances or alterations thereto, except in single-family residential districts and developments subject to Objective Design Standards requirements of Chapter 25.42, without review and approval by the ARC. 2. The ARC shall review all plans submitted with applications for moving buildings within or into the City. Photographs shall be included with the application showing all elevations, the structure proposed to be moved, the proposed site, and the buildings adjacent to the proposed site. The ARC shall determine whether the building proposed to be moved will fit harmoniously into the neighborhood wherein it is to be located. It may approve, approve with conditions, or disapprove the issuance of a permit to move such building. 3. The ARC shall review all plans for new two-story residential dwellings and second story additions within the R-2 Zoning District as required by Table 25.10-3 (Residential Zoning District Development Standards) to ensure second stories are Page 110 of 495 Ordinance No. 1411 Page 15 compatible with surrounding homes including massing, materials, and considers privacy of adjacent neighbors. B. The ARC design review shall include the following: 1. The mass and bulk of the design should be reasonably compatible with the predominant neighborhood pattern. New construction should not be disproportionately larger than, or out of scale with, the neighborhood pattern in terms of building forms, roof pitches, eave heights, ridge heights, and entry feature heights. 2. Placement of windows and doors should have minimal impact to the neighboring property. 3. Line of sight analysis shall be provided. 4. To mitigate privacy impacts of new two-story homes and additions, tree and/or shrub planting is required. a. Applicability. These requirements shall apply to new two -story homes, two-story additions, and/or new windows on existing two-story homes that increase privacy impacts on neighboring residents. 5. Planting plan. Proposals for new two-story homes, two-story additions, and/or new windows on existing two-story homes shall be accompanied by a planting plan which identifies the location, species and canopy diameter of existing and proposed trees or shrubs to meet the requirements. (Ord. 1383 § 2, 2022; Ord. 1259 § 1, 2013) SECTION 8. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code Section 25.68.030 is hereby amended as follows: 25.68.030 Exceptions to ARC Review A. Minor modifications. When in the opinion of the ZA, the approval of an application for a minor or insignificant permit does not defeat the purposes and objectives of this chapter, they may grant the permit without submitting the matter to the ARC for its approval, notwithstanding any other provisions of this chapter. B. Staff’s review of a single-family residence. Department staff shall review applications for the issuance of a building permit for a dwelling in the single-family and residential estate zones. The staff, on its own initiative, may forward such a request to the ARC for action. (Ord. 1393 § 28, 2023; Ord. 1259 § 1, 2013) Page 111 of 495 Ordinance No. 1411 Page 16 C. Multifamily and Mixed-Use Objective Design Standards. New developments which are subject to Multifamily and Mixed-Use Objective Design Standards shall comply with the review and decision procedure requirements of Chapter 25.42. SECTION 9. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code Section 25.72.030(E) is hereby amended as follows: E. Review criteria. Any such precise plan of design may be rejected, approved, modified and approved, or approved subject to conditions. Any such precise plan of design after approval may be amended, in the same manner as a precise plan of design is first approved under this chapter. The following criteria apply: 1. In the approval or rejection of a precise plan of design, consideration shall be given and restrictions shall be imposed to the extent necessary, in view of the size and shape of the parcel and the present and proposed zoning and use of the subject property and the surrounding property, to permit the same degree of enjoyment of the subject property, but subject to the same degree of p rotection of adjoining properties, as would be accorded in normal circumstances by the standard restrictions imposed by this chapter. The standard restrictions imposed in the various zones by this chapter are intended as minimum restrictions necessary in n ormal circumstances to prevent substantial depreciation of property values in the vicinity and unreasonable interference with the use and enjoyment of property in the vicinity by the occupants thereof for lawful purposes, and for the protection of the publ ic peace, health, safety, and general welfare. “Normal circumstances” are intended to refer to the case of a permitted case upon a lot of a normal size and shape surrounded by property in the same zone as the lot in question. 2. If the proposed precise plan of design would substantially depreciate property values in the vicinity or would unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes or would endanger the public peace, health, safety, or general welfare, such plan shall be rejected or shall be so modified or conditioned before adoption as to remove said objections. 3. If required, the design review approval by the ARC (Section 25.68.020, Design Review Required), or Objective Design Review approval by the Director (Section 25.42 Multifamily and Mixed-Use Objective Design Standards) must be obtained prior to the precise plan review by the Commission. SECTION 9. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code Section 25.99.020 is hereby amended to add the following definitions Objective Design Standards. The most recently adopted Multifamily and Mixed-Use Objective Design Standards document approved by the City Council. Mixed-Use. A mixing of uses in a development project either with in a vertical manner with residential over commercial, retail, office, or institutional uses, or a mixing of uses in a development project or with neighboring structures. Page 112 of 495 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: April 25, 2024 PREPARED BY: Anthony J. Mejia, City Clerk REQUEST: RATIFY A LETTER OF SUPPORT FOR ASSEMBLY BILL 2485: RHNA TRANSPARENCY REFORM ACT RECOMMENDATION: Ratify issuance of a letter of support for Assembly Bill 2485: Regional Housing Needs Assessment (RHNA) Transparency Reform Act. BACKGROUND/ANALYSIS: At the request of the Southern California Association of Governments (SCAG), the City Council Ad Hoc Committee on Legislative Affairs authorized immediate issuance of a letter of support for Assembly Bill (AB) 2485 due to consideration of AB 2485 at the As sembly Committee on Housing and Community Development meeting held on April 17, 2024. The League of California Cities supports the proposed legislation. AB 2485 would establish procedures for the Department of Housing and Community Development (HCD) to post its data, analyses, and methodology used in the developing a given region’s RHNA Determination on its internet website. Secondly, it would require HCD to convene a panel of experts to provide advisory feedback on HCD’s data, analyses, and methodology. The panel would include an expert in the region’s demographics, a US Census Bureau-affiliated practitioner, and a representative of the Council of Governments (COG) in question. 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. Letter of Support 2. AB 2485 Fact Sheet Page 113 of 495 Page 114 of 495 Page 115 of 495 Page 116 of 495 Page 117 of 495 Page 118 of 495 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: April 25, 2024 PREPARED BY: M. Gloria Sanchez, Records Coordinator REQUEST: RESOLUTION TO AUTHORIZE DESTRUCTION OF OBSOLETE RECORDS FROM THE CITY CLERK AND CITY MANAGER DIVISIONS RECOMMENDATION: Adopt a Resolution authorizing the destruction of obsolete records from the City Clerk and City Manager Divisions pursuant to the California Government Code Section 34090. BACKGROUND/ANALYSIS: Government Code Section 34090 permits the destruction of City records with the written consent of the City Attorney and approval of the City Council. The City’s records retention program, adopted on December 15, 2022, by Resolution No. 2022-98, establishes retention periods for all City records and provides for the systematic destruction of obsolete records. Attached is Exhibit “A”, the Records Destruction Certificate, which lists the records submitted for destruction. The Certificate will be reviewed and signed by the City Attorney as well as the City Clerk prior to destruction of all records. FINANCIAL IMPACT: Destroying obsolete records reduces the costs associated with offsite document storage and records management. ATTACHMENTS: 1. Resolution 2. Records Destruction Certificate – Exhibit “A” Page 119 of 495 Page 120 of 495 Form RS-2/2023 G:\CityClrk\Gloria Sanchez\STAFF REPORTS\Destruction of Records\2024\Res 2024 - Resolution.docx Wednesday, April 10, 2024 RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND AUTHORIZING THE DESTRUCTION OF PAPER RECORDS FROM THE CITY CLERK AND CITY MANAGER DIVISIONS, AS INDICATED ON THE RECORDS RETENTION SCHEDULE (ADOPTED DECEMBER 15, 2022). RECORDS FROM 2005 THROUGH 2020 (EXHIBIT A) WHEREAS, the Office of the City Clerk of the City of Palm Desert, California, has records that have met or exceeded the retention period caused by the official files, records, exhibits, and other documents of said office pursuant to the Retention Schedule set forth on City Council Resolution No. 2022-98; and WHEREAS, said files are not the subject of any claim, litigation, investigation, or audit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: Section 1. That the above recitations are true and correct and constitute the findings of the City Council in this matter. Section 2. That it does hereby approve the destruction of all documents and records from files as set forth in Exhibit “A,” attached hereto, which have met or exceeded their retention period. Section 3. That the City Clerk Correspondence, Election administrative file, unsuccessful Candidate information, unsuccessful candidate campaign disclosure filings, Library Promotion Committee agenda packets, civil subpoenas, Statements of Economic Interest (Form 700), Closed Claims Against the City, Claim Runs, and City Manager correspondence have exceeded their retention period (Exhibit A). Digital and paper records will be destroyed. ADOPTED ON _________, 2024. ____________________________ KARINA QUINTANILLA, MAYOR ATTEST: ________________________________ ANTHONY J. MEJIA CITY CLERK Page 121 of 495 RESOLUTION NO. 2023- April 10, 2024 Page 2 of 2 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 ______, 2024, by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSED: IN WITNESS WHEROF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on __________________. ________________________________ ANTHONY J. MEJIA CITY CLERK Page 122 of 495 Citywide Records Management Policy Resolution No. 2022-71 Resolution No. EXHIIT A CITY OF PALM DESERT AUTHORITY TO DESTROY OBSOLETE RECORDS Dept. Retention No. Description of Record Years Covered Retention Period Shred or Discard City Clerk CC-026 Unsuccessful Candidates – 2016 General Municipal Election Election + 4 yrs. Shred City Clerk CC-024 Elections General – Working file 2020 General Municipal Election 2020 Election + 2 yrs. Shred City Clerk CC-003 Contract No. C19510 Littler Mendelson – Special Legal Services 2001-2010 Completion + 10 Shred City Clerk CC-003 Contract No. C22160 D.W. Nicholson LLC dba Desert Building Services 2008-2012 Completion + 10 yrs. Shred City Clerk CC-003 Contract No. C26860 Eisenhower Medical Center – Funding Agreement 2007-2009 Completion + 10 Shred City Clerk CC-003 Contract No. HA28380 RPM Company Property Management 2009-2012 Completion + 10 Shred City Clerk CC-003 Contract C22510 Greines, Martin, Stein & Richland LLP 2004-2005 Completion + 10 Shred City Clerk CC-003 Contract No. C22850 ACOM Solutions iSeries 400 Division 2004-2010 Completion + 10 Shred City Clerk CC-003 C29400 Family YMCA of the Desert – Management and Operations Services 2011-2014 Completion + 10 Shred City Clerk CC-003 C22780 SSD Systems DW Golf Academy Security System 2004 Completion + 10 Shred Page 123 of 495 Resolution No. Citywide Records Management Policy Resolution No. 2022-71 City Clerk CC-003 Contract No. C22460B Friends of the Desert Mountains – Lease Portola Community Center Office Space 2003-2009 Completion + 10 Shred City Clerk CC-003 Contract No. C24380 Special Counsel Services – Kavanau Hearing 2006-2013 Completion + 10 Shred City Clerk CC-003 Contract No. C25060 Consultant Services – Kavanau Hearirng 2006-2013 Completion + 10 Shred City Clerk CC-003 Contract No. C23160 Microcool Outdoor Cooling Systems, Inc. Civic Center Park Misting Systems 2005 Completion + 10 Shred City Clerk CC-003 Contract No. C23140 GroggWorks, Inc. AudioVisual Upgrades CVAG Conference Room (Parkview) 2005 Completion + 10 Shred City Manager CM-002 COPS Unsuccessful Applicants 2021 3 yrs. Shred City Clerk CC-046 Request for Public Records 2010 - 2021 2 yrs. Shred City Clerk CC-000 City Council/Mayor Correspondence 1985-2019 2 yrs. Shred City Clerk CC-011 Claim Transaction Reports Claims Transaction Reports Claim Transaction Reports Works Striping & Marking Service Report 1988-1993 1998 2011-2018 1986-1997 Final Resolution + 5 years Shred Page 124 of 495 Resolution No. Citywide Records Management Policy Resolution No. 2022-71 I consent to the destruction of these obsolete records according to accepted policies and procedures. City Clerk Date City Attorney Date Approved by City Council: Original: City Clerk’s Office Copy: Department City Clerk CC-015 Contract File: Unsuccessful Proposals/Bids HA4090 C41560 C38100 C36570B C41200 C37040A C38390 C39260 C38790 2020-2021 2yrs. Shred Page 125 of 495 Page 126 of 495 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: April 25, 2024 PREPARED BY: Neal Ennis, Project Manager REQUEST: ACCEPT CONTRACT NO. C45010 AS COMPLETE FOR THE BRIDGE PREVENTATIVE MAINTENANCE PROGRAM (PROJECT NO. MFA00007) RECOMMENDATION: 1. Accept Contract C45010 with MLC Constructors, Inc., of Corona, California, for the Bridge Preventative Maintenance Program as complete and authorize the City clerk to file notice of Completion. (Project MFA00007) 2. Authorize the Mayor to execute and the City Clerk to file the Notice of Completion. BACKGROUND/ANALYSIS: On June 22, 2023, the City council awarded the subject contract in the amount of $325,509 to MLC Constructors, Inc. for the Bridge preventative Maintenance Program. The project completed repairs such as removal and replacements of expansion joints, structural concrete repairs, debris removal, and culvert removal and replacement. The total cost of this construction was $310,670.04. Legal Review: This report has been reviewed by the City Attorney’s office. FINANCIAL IMPACT: There is no direct financial impact associated with this action. ATTACHMENTS: 1. Notice of Completion 2. Exhibit 1-A Page 127 of 495 Page 128 of 495 To be recorded with the Riverside County Recorder on or within 15 days after completion and acceptance by the City Council. NO RECORDING FEE PER SECTION 6103 OF THE GOVERNMENT CODE. APN 000-000-000 R/W NOTICE OF COMPLETION (Cal. Civ. Code § 9200 et seq. – Public Works) NOTICE IS HEREBY GIVEN: 1. That the interest or estate stated in paragraph 3 herein in the real property herein described is SOLELY OWNED by the CITY OF PALM DESERT, A MUNICIPAL CORPORATION, a political subdivision of the State of California, and whose address is 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA, 92260. 2. That the full name and address of the owner of said interest or estate is set forth in the preceding paragraph. 3. That the nature of the title of the stated owner, as set forth in paragraph 1, is FEE. 4. That on the 20th day of December 2023 work of improvement described as the 2023 Bridge Preventative Maintenance Program, Project No. P759-23/MFA0007 Contract No.C45010 on the real property herein described was completed. 5. That the name of the original contractor, if any, for said work of improvement was: MLC Constructors, Inc. 710 Rimpau Ave. Ste 208, Corona, CA 92879. 6. That the real property herein referred to is situated in the City of Palm Desert, County of Riverside, State of California, and is described as Exhibit 1-A. CITY OF PALM DESERT A MUNICIPAL CORPORATION Date: By: Karina Quintanilla, Mayor When recorded, return to: Office of the City Clerk City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 VERIFICATION I, Anthony J. Mejia, City Clerk of the City of Palm Desert, am authorized to execute and file this Notice of Completion with the County Recorder of the County of Riverside on behalf of the City of Palm Desert. I have read the Notice of Completion and know the c ontents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on , 20 at , California. (Date of signature) (City where signed) __________________________________________________ (Personal signature of the individual who is swearing that the contents of the notice of completion are true) Rev. January 2024 Page 129 of 495 Page 130 of 495 Page 131 of 495 Page 132 of 495 Page 133 of 495 Page 134 of 495 Page 135 of 495 Page 136 of 495 Page 137 of 495 Page 138 of 495 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: April 25, 2024 PREPARED BY: Neal Ennis REQUEST: ACCEPT CONTRACT NO. C45210 AS COMPLETE FOR THE FISCAL YEAR0 2022/23 CATCH BASIN AND DRAIN CLEANING PROJECT (PROJECT NO. CDR00002) RECOMMENDATION: 1. Accept Contract No. C45210 with United Storm Water, Inc., of City of Industry, California, for the Fiscal Year 2022/23 Catch Basin and Drain Cleaning Project as complete and authorize the City Clerk to file a Notice of Completion (Project No. CDR00002) 2. Authorize the Mayor to execute and the City Clerk to file the notice of Completion. BACKGROUND/ANALYSIS: On June 22, 2023, the City Council awarded the subject contract in the amount of $195,844.00 to United Storm Water, Inc. for the FY 2022/23 Catch Basin and Drain Cleaning Project. This project provided regular inspection and cleaning, for debris and sediment removal as well as fabrication and installation of connector pipe screens. The total cost of this project was $171,135.50. Legal Review: This report has been reviewed by the City Attorney’s office. FINANCIAL IMPACT: There is no direct financial impact associated with this action. ATTACHMENTS: 1. Notice of Completion 2. Exhibit 1-A Page 139 of 495 Page 140 of 495 To be recorded with the Riverside County Recorder on or within 15 days after completion and acceptance by the City Council. NO RECORDING FEE PER SECTION 6103 OF THE GOVERNMENT CODE. APN 000-000-000 R/W NOTICE OF COMPLETION (Cal. Civ. Code § 9200 et seq. – Public Works) NOTICE IS HEREBY GIVEN: 1. That the interest or estate stated in paragraph 3 herein in the real property herein described is SOLELY OWNED by the CITY OF PALM DESERT, A MUNICIPAL CORPORATION, a political subdivision of the State of California, and whose address is 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA, 92260. 2. That the full name and address of the owner of said interest or estate is set forth in the preceding paragraph. 3. That the nature of the title of the stated owner, as set forth in paragraph 1, is FEE. 4. That on the 19th day of January 2024 work of improvement described as the FY 2022/23 Catch Basin and Drain Cleaning Project, Project No. 501-3/CDR00002 Contract No.C45210 on the real property herein described was completed. 5. That the name of the original contractor, if any, for said work of improvement was: United Storm Water, Inc. 14000 Valley Blvd., City of Industry, CA 91746 6. That the real property herein referred to is situated in the City of Palm Desert, County of Riverside, State of California, and is described as Exhibit 1-A. CITY OF PALM DESERT A MUNICIPAL CORPORATION Date: By: Karina Quintanilla, Mayor When recorded, return to: Office of the City Clerk City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 VERIFICATION I, Anthony J. Mejia, City Clerk of the City of Palm Desert, am authorized to execute and file this Notice of Completion with the County Recorder of the County of Riverside on behalf of the City of Palm Desert. I have read the Notice of Completion and know the c ontents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on , 20 at , California. (Date of signature) (City where signed) __________________________________________________ (Personal signature of the individual who is swearing that the contents of the notice of completion are true) Rev. January 2024 Page 141 of 495 Page 142 of 495 BASIN I.D. LOCATION DESCRIPTION DATE CLEANED?AMOUNT (GALLONS)RETROFITTED?DAMAGES TO BASIN OR DRAIN?CATCH BASIN STENCIL?CB LENGTH (FT) CB WIDTH (IN) CB DEPTH (FT)SUMP? TRAPS WATER?DRYWELL IN BASIN?TIME TO COMPLETECOMMENTS (INDICATE DAMAGE TO BASIN OR IF VEGETATION WAS FOUND GROWING IN THE BASIN)01-01 MONTEREY W N/O DINAH SHORE03-01 A STREET S 525' E/O MONTEREY03-02 A STREET S W/O GATEWAY03-03 CORTESIA E 375' S/O DICK KELLY03-04 CORTESIA W S/O DICK KELLY03-05 DICK KELLY S W/O CORTESIA03-06 DICK KELLY S W/O DINAH SHORE03-07 DICK KELLY S W/O GATEWAY03-08 DINAH SHORE E S/O DICK KELLY03-09 DINAH SHORE MEDIAN S 400' W/O PORTOLA03-10 DINAH SHORE N 450' E/O LEILANI - 73-600 DS03-11 DINAH SHORE N W/O GATEWAY03-12 DINAH SHORE N W/O PORTOLA03-13 DINAH SHORE S 450' E/O LEILANI - 73-605 DS03-14 DINAH SHORE S E/O SPYDER03-15 DINAH SHORE S W/O GATEWAY03-16 DINAH SHORE S W/O PORTOLA03-17 DINAH SHORE W MEDIAN NOSE S/O DICK KELLY03-18 DINAH SHORE W N/O DICK KELLY03-19 GATEWAY E S/O DINAH SHORE03-20 GATEWAY W 150' S/O A STREET03-21 GATEWAY W N/O A STREET03-22 GATEWAY W S/O DICK KELLY03-23 GATEWAY W S/O DINAH SHORE03-24 MONTEREY E 175' S/O DINAH SHORE03-25 MONTEREY E 325' S/O MARKET PLACE03-26 MONTEREY E N/O DICK KELLY03-27 MONTEREY E N/O GERALD FORD03-28 MONTEREY E S/O DICK KELLY03-29 MONTEREY E S/O DINAH SHORE03-30 SPYDER E S/O DINAH SHORE03-31 SPYDER W S/O DINAH SHORE04-01 GERALD FORD N W/O PACIFIC04-02 PORTOLA E N/O GERALD FORD04-03 PORTOLA E S/O DINAH SHORE05-01 COSMPOLITAN N W/O SHEPHERD05-02 DREXELL E N/O HEATHERWOOD - 37930 DREXELL05-03 DREXELL W N/O HEATHERWOOD - 37939 DREXELL05-04 EMERSON E N/O HEATHERWOOD - 37-902 EMERSON05-05 EMERSON W N/O HEATRHERWOOD - 37-881 EMERSON05-06 FRANK SINATRA N W/O SHEPHERD05-07 FRANK SINATRA N 175' E/O SHEPHERD05-08 FRANK SINATRA N E/O HOLLISTER05-09 FRANK SINATRA N W/O PORTOLA05-10 FRANK SINATRA N W/O ROSE RIDGE05-11 GERALD FORD S W/O PORTOLA05-12 HEATHERWOOD N 125' W/O HOLLISTER05-13 HEATHERWOOD N E/O DREXELL05-14 HEATHERWOOD S 125' W/O HOLLISTER05-15 HOLLISTER E N/O HEATHERWOOD05-16 HOLLISTER W N/O HEATHERWOOD05-17 KOKOPELLI N E/O SHEPHERD - 74-086 KOKOPELLI05-18 KOKOPELLI S E/O SHEPHERD - 74-093 KOKOPELLI05-19 MONTEREY E 1,175' S/O SHADOW RIDGE05-20 PELE E/O SHEPHERD END OF CUL DE SAC - 74-179 PELE05-21 PELE N E/O SHEPHERD - 74-102 PELE05-22 PELE S E/O SHEPHERD - 74-109 PELE05-23 PORTOLA POINTE N W/O SHEPHERD - 74-150 PP05-24 PORTOLA POINTE S W/O SHEPHERD - 74-157 PP05-25 PORTOLA W 300' S/O GERALD FORD UNDER SIDEWALK05-26 PORTOLA W N/O FRANK SINATRA05-27 PORTOLA W S/O GERALD FORD05-28 SCHOLAR EAST E/O SHEPHERD END OF CUL DE SAC - 74-143 SCHOLAR EAST05-29 SHEPHERD E S/O PELE05-30 SHEPHERD W 150' N/O SCHOLAR05-31 SHEPHERD W 150' N/O SCHOLAR UNDER SIDEWALK05-32 SHEPHERD W N/O FRANK SINATRA05-33 WINDFLOWER E/O SHEPHERD END OF CUL DE SAC - 74-147 WINDFLOWER06-01 COLLEGE E S/O UNIVERSITY PARK06-02 COLLEGE N W/O UNIVERSITY PARK06-03 COLLEGE S E/O PORTOLA06-04 COLLEGE S E/O TECHNOLOGY06-05 COLLEGE S W/O TECHNOLOGY06-06 COLLEGE S W/O UNIVERSITY PARK06-07 COOK E N/O GERALD FORD06-08 COOK E S/O BERGER WEST06-09 COOK E S/O GERALD FORD06-10 COOK W 600' N/O FRANK SINATRA06-11 COOK W N/O GERALD FORD06-12 COOK W S/O GERALD FORD06-13 COOK W S/O UNIVERSITY PARK - 37-011 COOK06-14 FRANK SINATRA N E/O PORTOLAPage 143 of 495 BASIN I.D. LOCATION DESCRIPTION DATE CLEANED?AMOUNT (GALLONS)RETROFITTED?DAMAGES TO BASIN OR DRAIN?CATCH BASIN STENCIL?CB LENGTH (FT) CB WIDTH (IN) CB DEPTH (FT)SUMP? TRAPS WATER?DRYWELL IN BASIN?TIME TO COMPLETECOMMENTS (INDICATE DAMAGE TO BASIN OR IF VEGETATION WAS FOUND GROWING IN THE BASIN)06-15 FRANK SINATRA N W/O COOK06-16 GERALD FORD N 1,125' W/O TECHNOLOGY06-17 GERALD FORD N 200' W/O COOK06-18 GERALD FORD N 350' W/O TECHNOLOGY06-19 GERALD FORD S 1,025' W/O TECHNOLOGY06-20 GERALD FORD S 1,500' E/O PACIFIC06-21 GERALD FORD S 450' E/O PACIFIC06-22 GERALD FORD S 900' E/O PACIFIC06-23 GERALD FORD S W/O COOK06-24 GERALD FORD S W/O PACIFIC06-25 GERALD FORD S W/O TECHNOLOGY06-26 PACIFIC E S/O GERALD FORD06-27 PACIFIC W S/O GERALD FORD06-28 PORTOLA E N/O COLLEGE06-29 PORTOLA E N/O FRANK SINATRA06-30 PORTOLA E S/O COLLEGE06-31 PORTOLA E S/O GERALD FORD06-32 TECHNOLOGY E S/O GERALD FORD06-33 TECHNOLOGY W S/O GERALD FORD06-34 UNIVERSITY PARK N W/O COLLEGE06-35 UNIVERSITY PARK S W/O COLLEGE06-36 UNIVERSITY PARK S W/O COOK06-37 UNIVERSITY PARK W S/O COLLEGE06-38 UNIVERSITY PARKE S/O COLLEGE07-01 FRANK SINATRA N 1,050' E/O GERALD FORD07-02 FRANK SINATRA N 450' E/O GERALD FORD07-03 FRANK SINATRA N 725' E/O ELDORADO07-04 FRANK SINATRA N E/O ELDORADO07-05 FRANK SINATRA N W/O BERGER07-06 FRANK SINATRA N W/O ELDORADO07-07 FRANK SINATRA N W/O GERALD FORD07-08 GERALD FORD E 450' N/O FRANK SINATRA07-09 GERALD FORD N 1,100' E/O COOK - 75-190 GF07-10 GERALD FORD W 450' N/O FRANK SINATRA07-11 GERALD FORD E 975' N/O PASEO DEL CORAZON08-01 COUNTRY CLUB N E/O SAGEWOOD08-02 COUNTRY CLUB N W/O PALM GREENS08-03 COUNTRY CLUB N W/O PORTOLA08-04 COUNTRY CLUB N W/O SAGEWOOD08-05 VIA SCENA E N/O COUNTRY CLUB08-06 VIA SCENA W N/O COUNTRY CLUB08-07 PORTOLA W N/O COUNTRY CLUB09-01 COUNTRY CLUB N E/O DESERT WILLOW09-02 COUNTRY CLUB N E/O PORTOLA09-03 MARKET S W/O COOK UNDER SIDEWALK09-04 FRANK SINATRA S 125' W/O COOK - 74-999 FS09-05 FRANK SINATRA S W/O PORTOLA09-06 DESERT MIRAGE N W/O COOK09-07 DESERT MIRAGE S W/O COOK09-08 DESERT WILLOW DRIVE 38-99509-09 DESERT WILLOW E 700' N/O WILLOW RIDGE09-10 DESERT WILLOW W 1,000' N/O WILLOW RIDGE09-11 DESERT WILLOW W 350' N/O WILLOW RIDGE09-12 DESERT WILLOW W N/O COUNTRY CLUB09-13 COOK W 425' N/O COUNTRY CLUB09-14 COOK W S/O FRANK SINATRA09-15 COOK W N/O COUNTRY CLUB09-16 COUNTRY CLUB N AT DESERT WILLOW PORKCHOP ISLAND09-17 COUNTRY CLUB N E/O CALLE CLAIRE - NEAR 74-350 CC09-18 PORTOLA W 550' N/O DESERT WILLOW CT09-19 PORTOLA W 600' N/O DESERT WILLOW CT09-20 PORTOLA W 650' N/O DESERT WILLOW CT09-21 PORTOLA W 900' S/O FRANK SINATRA09-22 PORTOLA E 600' N/O DESERT WILLOW CT09-23 PORTOLA E 950' S/O FRANK SINATRA09-24 PORTOLA E N/O COUNTRY CLUB09-25 PORTOLA E S/O FRANK SINATRA10-01 COUNTRY CLUB N E/O COOK10-02 COOK E S/O FRANK SINATRA10-03 COUNTRY CLUB N 200' E/O DESERT FALLS UNDER SIDEWALK10-04 COOK E N/O COUNTRY CLUB10-05 ELDORADO W 800' S/O FRANK SINATRA10-06 ELDORADO W 600' S/O AVONDALE10-07 FRANK SINATRA S 150' E/O GERALD FORD10-08 FRANK SINATRA S W/O BERGER10-09 FRANK SINATRA S W/O GERALD FORD10-10 ELDORADO W 1,075' S/O FRANK SINATRA11-01 TAMARISK ROW E 1,100' N/O BRISA11-02 TAMARISK ROW W 1,050' N/O BRISA DR11-03 TAMARISK ROW W 575' N/O REGENCY11-04 TAMARISK ROW W 850' S/O FRANK SINATRA UNDER SIDEWALK11-05 ELDORADO E 625' S/O AVONDALEPage 144 of 495 BASIN I.D. LOCATION DESCRIPTION DATE CLEANED?AMOUNT (GALLONS)RETROFITTED?DAMAGES TO BASIN OR DRAIN?CATCH BASIN STENCIL?CB LENGTH (FT) CB WIDTH (IN) CB DEPTH (FT)SUMP? TRAPS WATER?DRYWELL IN BASIN?TIME TO COMPLETECOMMENTS (INDICATE DAMAGE TO BASIN OR IF VEGETATION WAS FOUND GROWING IN THE BASIN)11-06 ELDORADO E 800' S/O FRANK SINATRA11-07 TAMARISK ROW W S/O REGENCY11-08 TAMARISK ROW E S/O REGENCY11-09 TAMARISK ROW W 450' N/O BRISA11-10 TAMARISK ROW E 450' N/O BRISA11-11 COUNTRY CLUB N W/O TAMARISK ROW11-13 TAMARISK ROW W 2,350' N/O REGENCY11-14 TAMARISK ROW E 2,350' N/O REGENCY11-15 TAMARISK ROW W 1,125' N/O REGENCY11-16 TAMARISK ROW N 1,125' N/O REGENCY11-17 TAMARISK ROW W N/O BRISA11-18 TAMARISK ROW E N/O BRISA11-20 ELDORADO E 1,075' S/O FRANK SINATRA12-01 DESERT COUNTRY E END OF CUL DE SAC - 78-018 DC12-02 DESERT COUNTRY E N/O COUNTRY CLUB12-03 DESERT COUNTRY W N/O COUNTRY CLUB12-04 COUNTRY CLUB N 250' W/O DESERT COUNTRY - 77-932 CC12-05 COUNTRY CLUB N 500' W/O PARK CENTER - NEAR 77-564 B CC12-06 COUNTRY CLUB N 750' W/O PARK CENTER12-07 COUNTRY CLUB N 850' E/O PARK CENTER - 77-750 CC12-08 COUNTRY CLUB N 150' W/O HARRIS - 77-898 CC12-09 FREEDOM PARK PARKING LOT E/O RESTROOMS12-10 FREEDOM PARK PARKING LOT NEAR DOG PARK12-11 FREEDOM PARK PARKING LOT W/O ART SCULPTURE12-12 FREEDOM PARK PARKING LOT W/O RESTROOMS12-13 FREEDOM PARK SOCCER FIELD CLEAN OUT SOUTH END12-14 FREEDOM PARK SOCCER FIELD CLEAN OUT SOUTH END12-15 FREEDOM PARK SOCCER FIELD CLEAN OUT SOUTH END12-16 FREEDOM PARK SOCCER FIELD OVER FLOW SOUTH END12-17 FREEDOM PARK SOCCER FIELD OVER FLOW SOUTH END12-18 GARAND LANE 39-70012-19 LIBERTY W 675' N/O COUNTRY CLUB12-20 COUNTRY CLUB N W/O LIBERTY12-21 COUNTRY CLUB S W/O LIBERTY12-22 COUNTRY CLUB 875' E/O RESORTER12-23 FREEDOM PARK SOCCER FIELD CLEAN OUT SOUTH END13-01 MONTEREY E 375' S/O COUNTRY CLUB13-02 MONTEREY E 625' S/O HOVLEY WEST13-03 MONTEREY E 700' N/O AVENIDA DEL SOL13-04 MONTEREY E 200' S/O COUNTRY CLUB UNDER SIDEWALK13-05 COUNTRY CLUB S 150' W/O SAGEWOOD UNDER SIDEWALK13-06 COUNTRY CLUB S 225' E/O MONTEREY UNDER SIDEWALK - 73-091 COUNTRY CLUB13-07 HOVLEY COURT 40-92113-08 HOVLEY WEST N 475' E/O SANDPIPER13-09 HOVLEY WEST N W/O AVENIDA SOLANA13-10 HOVLEY WEST N W/O PORTOLA13-11 HOVLEY WEST S W/O AVENIDA SOLANA13-12 TERRAZA 40-68113-13 TERRAZA 40-74813-14 SAGEWOOD E S/O COUNTRY CLUB13-15 SAGEWOOD W N/O SILKTREE - NEAR 40-04913-16 SAGEWOOD W S/O COUNTRY CLUB13-17 PORTOLA W N/O CHAPARRAL13-18 PORTOLA W N/O HOVLEY WEST13-19 PORTOLA W S/O COUNTRY CLUB13-20 COUNTRY CLUB S W/O SAGEWOOD13-21 COUNTRY CLUB S W/O VIA PORTOFINO13-22 CENTENNIAL CIRCLE 40-96013-23 CABANA 40-71613-24 CORTE PLACITAS 40-47613-25 CORTE PLACITAS 40-47613-26 AVENIDA ARCADA 40-96013-27 AVENIDA ROSARIO 40-96513-28 BARANDA 40-71013-29 SANDPIPER COURT WEST 40-97013-30 SANDPIPER CT 40-97113-31 SILKTREE E/O SAGEWOOD END OF CUL DE SAC 40-07213-32 SONATA COURT 40-93013-33 NOLINA E/O SAGEWOOD - 40160 NOLINA13-34 MONTEREY E S/O HOVLEY WEST13-35 PORTOLA W AT HOVLEY EAST14-01 SILVER SANDS E/O PORTOLA END OF CUL DE SAC14-02 SILVER SANDS N E/O PORTOLA14-03 PORTOLA E N/O SILVER SANDS14-04 PORTOLA E N/O VIA VENEZIA14-05 PORTOLA E N/O HOVLEY EAST14-06 PORTOLA E S/O SILVER SANDS14-07 PORTOLA E S/O COUNTRY CLUB14-08 COOK W N/O 42ND AVE14-09 CORPORATE W AT LENNON - 41-701 CORPORATE14-10 COOK W N/O HOVLEY EAST14-11 COOK W 175' S/O HOVLEY EAST - 41-555 COOKPage 145 of 495 BASIN I.D. LOCATION DESCRIPTION DATE CLEANED?AMOUNT (GALLONS)RETROFITTED?DAMAGES TO BASIN OR DRAIN?CATCH BASIN STENCIL?CB LENGTH (FT) CB WIDTH (IN) CB DEPTH (FT)SUMP? TRAPS WATER?DRYWELL IN BASIN?TIME TO COMPLETECOMMENTS (INDICATE DAMAGE TO BASIN OR IF VEGETATION WAS FOUND GROWING IN THE BASIN)14-12 COUNTRY CLUB S AT DESERT SPRINGS PORKCHOP ISLAND14-13 COUNTRY CLUB S E/O CALLE CLAIRE14-14 COUNTRY CLUB S E/O DESERT SPRINGS14-15 COUNTRY CLUB S W/O CALLE CLAIRE14-16 COUNTRY CLUB S W/O DESERT SPRINGS14-17 HOVLEY EAST S 600' E/O JASMINE - 74-251 HOVLEY EAST14-18 HOVLEY EAST N 275' W/O CORPORATE14-19 HOVLEY EAST N 600' W/O JASMINE14-20 LENNON N 275' E/O CORPORATE - 74-794 LENNON14-21 LENNON N 550' W/O ECLECTIC - 74-852 LENNON14-22 LENNON N E/O CORPORATE - 71-700 LENNON14-23 LENNON S 125' E/O CORPORATE14-24 LENNON S E/O CORPORATE15-01 HOVLEY EAST N E/O COOK15-02 HOVLEY EAST N 150' E/O CARLOTTA UNDER SIDEWALK15-03 HOVLEY EAST N E/O HEMINGWAY15-04 HOVLEY EAST N W/O HEMINGWAY15-05 EASY 75-713 UNDER SIDEWALK15-06 COUNTRY CLUB S W/O ELDORADO UNDER SIDEWALK15-07 COOK E N/O ST JAMES - 41-905 COOK15-08 COOK 41-99515-09 COOK E 175' N/O BELMONTE UNDER SIDEWALK15-10 COOK E 275' S/O HOVLEY EAST - 41-905 UNDER SIDEWALK15-11 COOK E N/O GREEN WAY15-12 COOK E N/O HOVLEY EAST15-13 ELDORADO W 500' S/O COUNTRY CLUB UNDER SIDEWALK16-01 COUNTRY CLUB S W/O INDIAN RIDGE16-02 COUNTRY CLUB S W/O INDIAN RIDGE IN PORK CHOP ISLAND16-03 HOVLEY EAST N E/O ELDORADO16-04 COUNTRY CLUB S 750' W/O INDIAN RIDGE UNDER SIDEWALK16-05 INDIAN RIDGE W S/O COUNTRY CLUB IN PORK CHOP ISLAND16-06 COUNTRY CLUB S W/O TAMARISK ROW17-01 HOVELY EAST N W/O WASHINGTON17-02 COUNTRY CLUB S 350' W/O WASHINGTON17-03 WASHINGTON W 525' N/O WOODHAVEN UNDER SIDEWALK17-04 WASHINGTON W 535' N/O WOODHAVEN CLEAN OUT IN LANDSCAPE17-05 WASHINGTON W 550' N/O WOODHAVEN17-06 WASHINGTON W S/O EMERALD CREST18-01 FRED WARING N W/O HWY 11118-02 FRED WARING N W/O HWY 11118-03 FRED WARING N W/O MONTEREY18-04 FRED WARING N W/O ONE QUAIL18-05 JOSHUA E N/O MANZANITA - 43-840 JOSHUA18-06 JOSHUA E S/O CACTUS - 43-720 JOSHUA18-07 JOSHUA W N/O MANZANITA18-08 JOSHUA W S/O CACTUS18-09 FRED WARING N 100' E/O PAINTERS PATH18-10 FRED WARING N 250' W/O HWY 11118-11 FRED WARING N E/O PAINTERS PATH18-12 FRED WARING N E/O PAINTERS PATH UNDER SIDEWALK18-13 BRUSHWOOD S W/O JOSHUA - 72-445 BRUSHWOOD18-14 ARBOLEDA AVE N W/O MONTEREY18-15 ARBOLEDA AVE S W/O MONTEREY - 43-805 ARBOLEDA18-16 MONTEREY W N/O FRED WARING18-17 MONTEREY W N/O PARKVIEW18-18 PARK VIEW N W/O MONTEREY - 72-960 PARK VIEW18-19 PARK VIEW S W/O MONTEREY - 72-990 PARK VIEW18-20 MONTEREY W 550' N/O PARKVIEW18-21 PAINTERS PATH E 375' N/O FRED WARING - 72-205 PAINTERS PATH18-22 PAINTERS PATH W 400' N/O FRED WARING - 72-205 PAINTERS PATH19-01 MONTEREY W N/O ARBOLEDA - 43-725 MONTEREY19-02 MONTEREY E N/O WHITEWATER BRIDGE19-03 MONTEREY E S/O COLLEGE OF THE DESERT19-04 MONTEREY E S/O WHITEWATER BRIDGE19-05 MONTEREY E S/O GRAN VIA19-06 PARKVIEW OFFICE COMPLEX 73-710 CVAG19-07 PARKVIEW OFFICE COMPLEX 73720 FRED WARING STATE BUILDING19-08 PARKVIEW OFFICE COMPLEX PARKING LOT19-09 PORTOLA W 225' N/O MAGNESIA FALLS19-10 CIVIC CENER PARK - DRAIN IN GRASS BTWN YMCA & RESTROOM19-11 BUENA CIR 43-836 S/O RANCHO19-12 CITY HALL PARKING IN GRASS BY LAKE19-13 CITY HALL PARKING LOT AT EAST WING19-14 CITY HALL PARKING LOT W/O LAKE19-15 CIVIC CENTER AT COMMUNITY CENTER19-16 CIVIC CENTER AT DEBRIS YARD19-17 CIVIC CENTER AT SKATE PARK E19-18 CIVIC CENTER AT SKATE PARK W19-19 CIVIC CENTER AT TENNIS COURTS19-20 CIVIC CENTER PARK IN LANDSCAPE E/O INDIAN STATUE19-21 CIVIC CENTER PARKING SE/O INDIAN STATUE19-22 CIVIC CENTER PARKING W/O INDIAN STATUEPage 146 of 495 BASIN I.D. LOCATION DESCRIPTION DATE CLEANED?AMOUNT (GALLONS)RETROFITTED?DAMAGES TO BASIN OR DRAIN?CATCH BASIN STENCIL?CB LENGTH (FT) CB WIDTH (IN) CB DEPTH (FT)SUMP? TRAPS WATER?DRYWELL IN BASIN?TIME TO COMPLETECOMMENTS (INDICATE DAMAGE TO BASIN OR IF VEGETATION WAS FOUND GROWING IN THE BASIN)19-23 FRED WARING N E/O COLLEGE OF THE DESERT19-24 FRED WARING N 200' W/O CIVIC CENTER ENTRANCE19-25 MAGNESIA FALLS N 800' E/O SAN PABLO19-26 MAGNESIA FALLS N W/O PORTOLA19-27 MAGNESIA FALLS S 800' E/O SAN PABLO19-28 MAGNESIA FALLS S W/O PORTOLA19-29 MONTEREY E N/O COLLEGE OF THE DESERT19-30 MONTEREY E 500' N/O COLLEGE OF THE DESERT19-31 MONTEREY AVE E N/O FRED WARING19-32 FRED WARING N W/O SAN PABLO19-33 FRED WARING N W/O SAN PASCUAL AVE19-34 FRED WARING N W/O CIVIC CENTER ENTRANCE19-35 FRED WARING N W/O COLLEGE OF THE DESERT19-36 SAN PABLO AVE E S/O PARK ENTRANCE19-37 SAN PABLO E N/O FRED WARING19-38 SAN PABLO W 450' S/O COD ENTRANCE19-39 SAN PABLO W S/O MAGNESIA FALLS19-40 SAN PASCUAL AVE E N/O RANCHO RD - 43-730 SAN PASCUAL19-41 SAN PASCUAL AVE W N/O RANCHO RD - 43730 SAN PASCUAL19-42 PORTOLA W N/O QUICKSILVER19-43 PORTOLA W N/O WHITEWATER BRIDGE19-44 RUTLEDGE N W/O PORTOLA19-45 RUTLEDGE S W/O PORTOLA19-46 RANCHO RD N W/O BUENA CIR 73-936 RANCHO19-47 RANCHO S W/O BUENA CIR19-48 PORTOLA W S/O MAGNESIA FALLS19-49 PORTOLA W S/O RUTLEDGE19-50 PORTOLA W S/O WHITEWATER BRIDGE20-01 W DEEP CANYON/ S MAGNESIA FALLS20-02 WARING COURT 74-83520-03 FRED WARING N W/O FLORINE AVE20-04 MAGNESIA FALLS S W/O DEEP CANYON20-05 FRED WARING N E/O PRIMROSE DR20-06 FRED WARING N E/O FLORINE AVE20-07 JONI N W/O COOK - 74-990 JONI20-08 JONI S W/O COOK - 74-991 JONI20-09 KING FISHER N E/O WARBLER - 74-656 KF20-10 KING FISHER S E/O WARBLER20-11 HOVLEY GARDEN E 120' S/O 42ND AVE20-12 HOVLEY GARDEN W 125' S/O 42ND - 42-025 HG20-13 CLIFFORD W N/O SHERYL UNDER SIDEWALK20-14 BUTTONWOOD N W/O DEEP CANYON20-15 BUTTONWOOD S W/O DEEP CANYON - 74-479 BUTTONWOOD20-16 AMARYLLIS WAY 43-30020-17 42ND AVE N W/O COOK20-18 42ND AVE S 200' W/O JONI UNDER SIDEWALK - 74-705 42ND20-19 42ND AVE S 300' E/O CORPORATE UNDER SIDEWALK - 74-705 42ND20-20 42ND AVE S W/O COOK20-21 42ND AVE S W/O COOK DROP INLET20-22 DAY LILY 74-58020-23 DEEP CANYON E N/O VIA PALMIRA20-24 DEEP CANYON E S/O DAY LILY20-25 DEEP CANYON E S/O LAVENDER20-26 DEEP CANYON E S/O MOSS ROSE20-27 DEEP CANYON W 100' S/O MAGNESIA FALLS UNDER SIDEWALK20-28 DEEP CANYON W AT DAY LILY UNDER SIDEWALK20-29 DEEP CANYON W S/O BUTTONWOOD20-30 DEEP CANYON W S/O MOSS ROSE20-31 COOK W 250' S/O VELIE UNDER SIDEWALK20-32 COOK W 300' S/O MERLE UNDER SIDEWALK20-33 COOK W N/O JONI20-34 COOK W N/O MERLE UNDER SIDEWALK20-35 COOK W N/O SAN SIMEON20-36 COOK W N/O SHERYL20-37 COOK W N/O VELIE - 42-005 COOK20-38 COOK W 75' N/O MERLE20-39 COOK W 500' S/O SHERYL20-40 COOK W S/O MERLE - 42-525 COOK20-41 COOK W S/O SHERYL20-42 COOK W S/O WHITEWATER CHANNEL20-43 CORAL BELLS 74-57020-44 PORTOLA E S/O WHITEWATER BRIDGE20-45 PORTOLA E N/O MAGNESIA FALLS20-46 PORTOLA E N/O QUICKSILVER20-47 PORTOLA E N/O RUTLEDGE20-48 PORTOLA E N/O WHITEWATER BRIDGE20-49 PHYLLIS JACKSON E 600' N/O FRED WARING20-50 PHYLLIS JACKSON W 600' N/O FRED WARING20-51 PORTOLA AVE W N/O RANCHO RD 43-701 PORTOLA20-52 PORTOLA E S/O MAGNESIA FALLS20-53 PORTOLA E N/O DESERT STAR BL20-54 STRAW FLOWER 74-570Page 147 of 495 BASIN I.D. LOCATION DESCRIPTION DATE CLEANED?AMOUNT (GALLONS)RETROFITTED?DAMAGES TO BASIN OR DRAIN?CATCH BASIN STENCIL?CB LENGTH (FT) CB WIDTH (IN) CB DEPTH (FT)SUMP? TRAPS WATER?DRYWELL IN BASIN?TIME TO COMPLETECOMMENTS (INDICATE DAMAGE TO BASIN OR IF VEGETATION WAS FOUND GROWING IN THE BASIN)20-55 WATERLILY 74-57420-56 SHERYL N W/O COOK20-57 SHERYL S W/O COOK20-58 SILK TREE LANE 43-12020-59 MYRSINE E/O GAZANIA - 74-484 MYRSINE21-01 COOK E S/O MERLE - 42-600 COOK21-02 COOK E S/O SHERYL - 43-000 COOK21-03 COOK E S/O WHITEWATER CHANNEL21-04 COOK E N/O MERLE21-05 COOK E N/O SANTA FE TRAIL21-06 COOK E N/O SHERYL21-07 COOK E 300' S/O MERLE UNDER SIDEWALK - 42-600 COOK21-08 COOK E 500' S/O SHERYL - 43-100 COOK21-09 COOK E 550' S/O GREEN 42-21021-10 BLUEBERRY E AT WILDFLOWER - 43-820 BLUEBERRY21-11 KELSEY S 350' W/O YELLOW SAGE - 75-337 KELSEY21-12 FRED WARING N 575' E/O YELLOW SAGE21-13 FRED WARING N 325' W/O YELLOW SAGE21-14 FRED WARING N W/O VIA DEL CHRISTO22-01 FRED WARING N 1,200' E/O CALIFORNIA22-02 ALASKA E S/O FLORIDA AVE22-03 ALASKA W S/O FLORIDA22-04 CALIFORNIA E N/O FRED WARING22-05 CALIFORNIA W N/O FRED WARING23-01 EDINBOROUGH S AT CARDIFF - NEAR 77-759 EDINBOROUGH23-02 ELKHORN W N/O FLORIDA23-03 ELKHORN W N/O FRED WARING23-04 ELKHORN W N/O INDIANA23-05 ELKHORN W N/O LOUISIANA - 43-615 ELKHORN23-06 ELKHORN W S/O INDIANA23-07 ELKHORN E N/O FLORIDA23-08 ELKHORN E N/O INDIANA23-09 ELKHORN E N/O LOUISIANA - 43-610 ELKHORN23-10 ELKHORN E S/O INDIANA23-11 FRED WARING N 225' E/O WARNER TRAIL UNDER SIDEWALK23-12 FRED WARING N 350' W/O WASHINGTON UNDER SIDEWALK23-13 FRED WARING N E/O ENTRADA LAS BRISAS UNDER SIDEWALK23-14 HOVLEY LN EAST S 650' W/O IDAHO UNDER SIDEWALK23-15 HOVLEY EAST S W/O KANSAS23-16 HOVLEY EAST S W/O WASHINGTON23-17 FRED WARING N W/O WARNER TRAIL23-18 FRED WARING N W/O WASHINGTON - 78-000 FW23-19 WASHINGTON W N/O FRED WARING UNDER SIDEWALK23-20 WASHINGTON W S/O DUDLEY DR UNDER SIDEWALK23-21 WASHINGTON W S/O HIDDEN RIVER UNDER SIDEWALK23-22 WASHINGTON W S/O HOVLEY EAST - 42-035 WASHINGTON23-23 WASHINGTON W 300' N/O MOUNTAIN VIEW23-24 WASHINGTON W 475' N/O AVENUE OF THE STATES - 42-175 WASHINGTON23-25 WASHINGTON W 500' S/O TUCSON UNDER SIDEWALK23-26 WARNER TRAIL E N/O FRED WARING23-27 WARNER TRAIL E N/O MOUNTAIN VIEW - 43-170 WT23-28 WARNER TRAIL E N/O ROBIN - 43-380 WT23-29 WARNER TRAIL E S/O TEXAS23-30 WARNER TRAIL W AT ROBIN - 43-365 WT23-31 WARNER TRAIL W N/O FRED WARING23-32 WARNER TRAIL W N/O WYOMING23-33 WARNER TRAIL W S/O TEXAS23-34 WARNER TRAIL W S/O WYOMING23-35 WASHINGTON 42-575 B UNDER SIDEWALK23-36 MOUNTAIN VIEW N 675' E/O WARNER TRAIL23-37 FRED WARNIG N W/O ELKHORN23-38 HOVLEY EAST S AT OASIS CLUB UNDER SIDEWALK DRAIN24-01 SHADOW MOUNTAIN E 150' S/O HEDGEHOG - 45-862 SM24-02 SHADOW MOUNTAIN W 125' S/O HEDGEHOG24-03 PAINTERS PATH W 725' S/O FRED WARING24-04 PAINTERS PATH W S/O FRED WARING - 72-150B PAINTERS PATH24-05 PAINTERS PATH E 725' S/O FRED WARING24-06 PAINTERS PATH E S/O FRED WARING24-07 PAINTERS PATH S E/O EDGEHILL24-08 MONTEREY PARKING LOT DRAIN N/O HWY 111 - 72990 MONTEREY24-09 MONTEREY W 575' N/O HAHN RD24-10 MONTEREY W 675' S/O FRED WARING - 44267 MONTEREY24-11 MONTEREY W S/O FRED WARING24-12 MONTEREY W N/O HWY 11124-13 SAN LUIS E S/O FRED WARING24-14 SAN LUIS W S/O FRED WARING24-15 HWY 111 S E/O EL PASEO24-16 TOWN CENTER E 450' N/O HAHN24-17 TOWN CENTER E 525' S/O FRED WARING - 44-400 TC24-18 TOWN CENTER E S/O FRED WARING24-19 FRED WARING S W/O ACACIA24-20 FRED WARING S W/O TOWN CENTERPage 148 of 495 BASIN I.D. LOCATION DESCRIPTION DATE CLEANED?AMOUNT (GALLONS)RETROFITTED?DAMAGES TO BASIN OR DRAIN?CATCH BASIN STENCIL?CB LENGTH (FT) CB WIDTH (IN) CB DEPTH (FT)SUMP? TRAPS WATER?DRYWELL IN BASIN?TIME TO COMPLETECOMMENTS (INDICATE DAMAGE TO BASIN OR IF VEGETATION WAS FOUND GROWING IN THE BASIN)24-21 FRED WARING S 100' E/O PAINTERS PATH24-22 FRED WARING S 275' E/O HWY 11124-23 FRED WARING S 300' E/O TOWN CENTER24-24 FRED WARING S 450' E/O HWY 11124-25 FRED WARING S E/O PAINTERS PATH24-26 FRED WARING S W/O HWY 11124-27 FRED WARING S W/O MONTEREY24-28 FRED WARING S W/O SAN LUIS24-29 HWY 74 W S/O HWY 11124-30 HWY 111 S 450' W/O PLAZA - 72705 HWY 111 UNDER SIDEWALK24-31 EL PASEO W S/O HWY 11124-32 EL PASEO E 250' S/O HWY 111 UNDER SIDEWALK24-33 EL PASEO E S/O HWY 11124-34 EDGEHILL NW CORNER AT PAINTERS PATH24-35 EDGEHILL E 175' S/O HEDGEHOG24-36 EDGEHILL E S/O PAINTERS PATH24-37 ENTRADA DEL PASEO CUISTOT DRIVE AREA24-38 ENTRADA DEL PASEO - CHAMBER OF COMMERCE PARKING - 72-559 HWY 11124-39 ENTRADA DEL PASEO - THE GALEN DRIVE AISLE S E/O ENTRY OFF HWY 11124-40 ENTRADA DEL PASEO - THE GALEN PARKING24-41 ENTRADA DEL PASEO - THE GALEN PARKING24-42 ENTRADA DEL PASEO CHAMBER OF COMMERCE PARKING24-43 ENTRADA DEL PASEO CHAMBER OF COMMERCE PARKING - 72-559 HWY 11124-44 ENTRADA DEL PASEO CUISTOT PARKING LOT - 72-595 EL PASEO24-45 ENTRADA DEL PASEO ENTRY OFF HWY 11124-46 ENTRADA DEL PASEO IN LANDSCAPE AT NORTH TIP OF PROPERTY - CORRUGATED PIPE24-47 ENTRADA DEL PASEO LA SPIGA PARKING - 72-557 HWY 11124-48 ENTRADA DEL PASEO LA SPIGA PARKING - 72-557 HWY 11124-49 ENTRADA DEL PASEO N/O LA SPIGA - 72-557 HWY 11124-50 ENTRADA DEL PASEO - THE GALEN DRIVE AISLE24-51 ACACIA E S/O FRED WARING24-52 ACACIA W S/O FRED WARING24-53 HWY 111 SW 300' NW/O DESERT CROSSING24-54 HWY 111 SW SE/O PALM VALLEY BRIDGE24-55 HWY 111 SW SE/O PALM VALLEY BRIDGE 4" PIPE24-56 HWY 111 S W/O PLAZA WAY24-57 HWY 111 N E/O PLAZA WAY24-58 HWY 111 N E/O TOWN CENTER24-59 HWY 111 N W/O PLAZA WAY24-60 HWY 111 NE 250' SE/O PALM VALLEY BRIDGE24-61 HWY 111 S 225' W/O HWY 7424-62 HWY 111 S 300' E/O PLAZA WAY24-63 HWY 111 S W/O HWY 7424-64 HWY 111 MEDIAN NOSE N E/O PLAZA WAY24-65 HWY 111 MEDIAN NOSE N E/O TOWN CENTER24-66 HWY 111 MEDIAN NOSE N W/O MONTEREY24-67 HWY 111 MEDIAN NOSE N W/O PLAZA24-68 HWY 111 MEDIAN NOSE S E/O EL PASEO24-69 HWY 111 MEDIAN NOSE S W/O HWY 7424-70 HWY 111 MEDIAN NOSE S W/O PLAZA WAY24-71 HWY 111 MEDIAN S AT ART MUSEUM ENTRANCE25-01 PORTOLA W N/O ALESSANDRO DR25-02 PINYON N W/O SAN LUIS REY - 73-650 PINYON25-03 PINYON S W/O SAN LUIS REY - 73-637 PINYON25-04 MOUNTAIN VIEW AVE 45-62025-05 MOUNTAIN VIEW AVE 73-93525-06 MOUNTAIN VIEW AVE 73-95025-07 OCOTILLO E S/O TUMBLEWEED - 45-350 OCOTILLO25-08 OCOTILLO W N/O TUMBLEWEED25-09 PALM DESERT SOUTH 73-98325-10 PALM DESERT NORTH N 350' E/O SAN LUIS REY - 73-850 PDN25-11 PALM DESERT NORTH N 625' W/O SAN LUIS REY - 73-700 HWY 11125-12 PALM DESERT NORTH N 650' W/O SAN LUIS REY - 73-700 HWY 11125-13 PALM DESERT NORTH 73-96025-14 PALM DESERT NORTH N W/O SAN LUIS REY25-15 PALM DESERT SOUTH N 175' W/O LUPINE25-16 PALM DESERT SOUTH N 200' W/O PORTOLA AVE25-17 PALM DESERT SOUTH N 400' W/O SAN LUIS REY - 73-739 PDS25-18 PALM DESERT SOUTH N W/O SAN LUIS REY - 73-801 PDS25-19 MONTEREY E N/O SAN GORGONIO - 44-600 MONTEREY25-20 PALM DESERT SOUTH S W/O SAN LUIS REY - 73-801 PDS25-21 PALM DESERT SOUTH N E/O SAN LUIS REY - 73-833 PDS25-22 PALM DESERT SOUTH S 350' E/O SAGE - 73-301 PDS25-23 PALM DESERT SOUTH S 400' W/O SAN LUIS REY25-24 SHADOW LAKE DR 73-90125-25 SHADOW LAKE S E/O SAN LUIS REY - 73-720 SL25-26 SHADOW MOUNTAIN S E/O SAN PABLO - 73-525 SM25-27 SHADOW MOUNTAIN S W/O PORTOLA - 73-955 PORTOLA25-28 SHADOW MOUNTAIN S W/O SAN LUIS REY - 73-675 SM25-29 SHADOW MOUNTAIN S W/O TUMBLEWEED25-30 SHADOW MOUNTAIN N 525' E/O SAN LUIS REY - 73-820 SM25-31 SHADOW MOUNTAIN N W/O LARKSPUR - 73-650 SMPage 149 of 495 BASIN I.D. LOCATION DESCRIPTION DATE CLEANED?AMOUNT (GALLONS)RETROFITTED?DAMAGES TO BASIN OR DRAIN?CATCH BASIN STENCIL?CB LENGTH (FT) CB WIDTH (IN) CB DEPTH (FT)SUMP? TRAPS WATER?DRYWELL IN BASIN?TIME TO COMPLETECOMMENTS (INDICATE DAMAGE TO BASIN OR IF VEGETATION WAS FOUND GROWING IN THE BASIN)25-32 SHADOW MOUNTAIN N W/O LUPINE - 73-390 SM25-33 SHADOW MOUNTAIN N W/O PORTOLA25-34 SHADOW MOUNTAIN N W/O SAN PABLO - 73-450 SM25-35 SHADOW MOUNTAIN N W/O TUMBLEWEED25-36 SHADOW MOUNTAIN S 425' E/O SAN LUIS REY - 73-793 SM25-37 SAN PASCUAL DR W S/O CATALINA WAY25-38 SAN PASCUAL AVE E S/O CATALINA WAY25-39 VOID ((SAN PABLO W S/O SANTA ROSA))25-41 VOID ((SAN PABLO W S/O CATALINA WAY))25-42 SAN PABLO W S/O FRED WARING25-43 SAN PABLO E N/O PALM DESERT NORTH25-44 SAN PABLO AVE E AT SAN NICHOLAS AVE25-46 SAN PABLO AVE E S/O FRED WARING25-47 PORTOLA W 325' N/O CATALINA - 44-251 PORTOLA UNDER SIDEWALK25-48 PORTOLA W S/O CATALINA25-49 PORTOLA W S/O DE ANZA25-50 PORTOLA W S/O EL PASEO25-51 PORTOLA W S/O FRED WARING25-52 PORTOLA W N/O EL PASEO25-53 SAN ANSELMO AVE E N/O ROYAL PALM DR25-54 SAN ANSELMO AVE E S/O SAN NICHOLAS AVE25-55 SAN ANSELMO AVE W S/O CATALINA WAY25-56 SAN ANSELMO AVE W S/O GUADALUPE25-57 SAN ANSELMO AVE W S/O SAN NICHOLAS AVE25-58 SAN ANSELMO AVE W S/O SANTA ROSA WY25-59 SAN ANSELMO E S/O FRED WARING25-60 SAN ANSELMO W S/O FRED WARING25-61 SAN CARLOS E N/O PALM DESERT NORTH25-62 SAN CARLOS W AT ALESSANDRO UNDER SIDEWALK25-63 SAN CARLOS W N/O PALM DESERT NORTH25-64 SAN DIEGO AVE E N/O SAN ANTONIO CIR - 44-630 SAN DIEGO25-65 SAN DIEGO AVE W N/O SAN ANTONIO CIR25-66 SAN MARCOS AVE E N/O SAN CLEMENTE CIR - 44-630 SAN MARCOS25-67 SAN MARCOS AVE W N/O SAN CLEMENTE CIR - 44-625 SAN MARCOS25-68 SAN MARCOS E N/O PALM DESERT NORTH25-69 SAN MARCOS W N/O PALM DESERT NORTH25-70 SAN LUIS REY E 175' N/O EL PASEO25-71 SAN LUIS REY E N/O IRONWOOD - 45-880 SLR25-72 SAN LUIS REY E N/O SHADOW MOUNTAIN25-73 SAN LUIS REY E S/O CATALINA25-74 SAN LUIS REY E S/O EL PASEO25-75 SAN LUIS REY W N/O IRONWOOD.25-76 SAN LUIS REY W N/O SHADOW MTN - 45-455 SLR25-77 SAN LUIS REY W S/O CATALINA - 44-381 SAN LUIS REY25-78 SAN LUIS REY W S/O EL PASEO25-79 SAN LUIS REY W S/O JOSHUA TREE25-80 PORTOLA W S/O HWY 11125-81 PORTOLA W S/O SHADOW MOUNTAIN25-82 ROYAL PALM DR N W/O SAN PABLO AVE25-83 ROYAL PALM DR S W/O SAN PABLO - 73-465 ROYAL PALM25-84 SAN JUAN AVE E S/O CATALINA - 44-400 SAN JUAN25-85 TUMBLEWEED E S/O SHADOW MOUNTAIN25-86 TUMBLEWEED N E/O SAGE - 73-200 TUMBLEWEED25-87 TUMBLEWEED N W/O SAGE - 73-190 TUMBLEWEED25-88 TUMBLEWEED S W/O SAGE - 73-185 TUMBLEWEED25-89 TUMBLEWEED W S/O SHADOW MOUNTAIN - 73-219 TUMBLEWEED25-90 VERBA SANTA E S/O TUMBLEWEED25-91 VERBA SANTA W S/O TUMBLEWEED25-92 FRED WARING S W/O SAN PABLO - 73-441 FW25-93 FRED WARING S W/O SAN PASCUAL25-94 FRED WARING S W/O PORTOLA25-95 FRED WARING S E/O SAN PASCUAL25-96 FRED WARING S 575' E/O MONTEREY - 73-121 FW25-97 FRED WARING S AT COLLEGE OF THE DESERT - 73-161 FW25-98 MONTEREY AVE E S/O FRED WARING25-99 LUPINE W 275' N/O SHADOW MOUNTAIN - 45-405 LUPINE25-100 LUPINE W S/O EL PASEO25-101 LARKSPUR W S/O HWY 111 UNDER SIDEWALK25-102 LARREA S 150' W/O PORTOLA25-103 LAS FLORES LN E N/O SAN GORGONIO - 44-625 LAS FLORES25-104 LAS PALMAS E N/O PALM DESERT NORTH25-105 LAS PALMAS W N/O PALM DESERT NORTH25-106 HWY 111 S 225' E/O SAN LUIS REY - 73-861 PDS25-107 JOSHUA TREE N W/O SAN LUIS REY - 73-704 JT25-108 JOSHUA TREE S W/O SAN LUIS REY - 73-673 JT25-109 IRONWOOD N W/O SAN LUIS REY25-110 HWY 74 W S/O EL PASEO25-111 HWY 74 W 150' S/O EL PASEO25-112 HWY 74 W 150' S/O EL PASEO25-113 HWY 111 MEDIAN N 225' E/O SAN LUIS REY25-114 HWY 111 MEDIAN N 375' W/O LAS PALMAS25-115 HWY 111 MEDIAN N 400' W/O SAN LUIS REYPage 150 of 495 BASIN I.D. LOCATION DESCRIPTION DATE CLEANED?AMOUNT (GALLONS)RETROFITTED?DAMAGES TO BASIN OR DRAIN?CATCH BASIN STENCIL?CB LENGTH (FT) CB WIDTH (IN) CB DEPTH (FT)SUMP? TRAPS WATER?DRYWELL IN BASIN?TIME TO COMPLETECOMMENTS (INDICATE DAMAGE TO BASIN OR IF VEGETATION WAS FOUND GROWING IN THE BASIN)25-116 HWY 111 MEDIAN N W/O LARKSPUR25-117 HWY 111 MEDIAN NOSE E/O LARKSPUR25-118 HWY 111 N 225' E/O SAN LUIS REY25-119 HWY 111 N 375' W/O LAS PALMAS - 73-340 PALM DESERT NORTH25-120 HWY 111 N 400' W/O SAN LUIS REY - 73-730 PALM DESERT NORTH25-121 HWY 111 N 750' W/O SAN LUIS REY25-122 HWY 111 MEDIAN NOSE S W/O SAN LUIS REY25-123 HWY 111 MEDIAN NOSE W/O SAN PABLO25-124 HWY 111 MEDIAN S 225' E/O SAN LUIS REY25-125 HWY 111 MEDIAN S 300' W/O SAN PABLO25-126 HWY 111 MEDIAN NOSE N W/O SAN LUIS REY25-127 HWY 111 S W/O LARKSPUR - 73-611 HWY 11125-128 HWY 111 S W/O LARKSPUR - 73-611 HWY 111 UNDER SIDEWALK25-129 HWY 111 S E/O SAGE - 73-261 PALM DESERT SOUTH25-130 HWY 111 S 300' W/O SAN PABLO BEHIND SIDEWALK25-131 HWY 111 S 375' E/O HWY 74 - 73-075 HWY 11125-132 HWY 111 S 400' W/O SAN LUIS REY - 73-739 PDS25-133 HWY 111 S 100' W/O SAN PABLO25-134 HWY 111 S 175' W/O LUPINE - 73-345 PALM DESERT SOUTH25-135 HWY 111 S W/O PORTOLA25-136 HWY 74 E 75' S/O EL PASEO25-137 HWY 74 E N/O EL PASEO25-138 HWY 74 E S/O EL PASEO25-139 HWY 74 MEDIAN NOSE E S/O HWY 11125-140 HWY 74 E 100' S/O EL PASEO UNDER SIDEWALK25-141 ALESSANDRO S E/O SAN PASCUAL25-142 CATALINA N W/O LINGO LANE - 73896 CATALINA25-143 CATALINA S E/O SAN LUIS REY - 73-915 CATALINA25-144 CATALINA S W/O SAN LUIS REY25-145 CATALINA WAY S W/O SAN JUAN AVE25-146 EL PASEO MEDIAN S W/O SAN LUIS REY - NEAR 73-725 EP25-147 EL PASEO N W/O SAN LUIS REY - 73-770 EP25-148 EL PASEO S 150' E/O SAGE UNDER SIDEWALK25-149 EL PASEO S 150' E/O SAGE UNDER SIDEWALK25-150 EL PASEO S 250' W/O SAGE UNDER SIDEWALK - 73-151 EP25-151 EL PASEO S 325' E/O OCOTILLO UNDER SIDEWALK - 73-111 EP25-152 EL PASEO S E/O EL PASEO - 73-785 EP25-153 EL PASEO S W/O PORTOLA25-154 EL PASEO S W/O SAN LUIS REY - 73-725 EP25-155 SAN GORGONIO S 90' E/O SAN PABLO - DROP INLET25-156 SAN PABLO W 110' S/O SAN GORGONIO - 44-795 SP25-157 SAN PABLO E 150' S/O SAN GORGONIO - 44-770 SP25-158 SAN GORGONIO N 70' E/O SAN PABLO25-159 SAN PABLO W S/O ROYAL PALM25-160 SAN PABLO E AT ROYAL PALM - 44-530 SP25-161 SAN PABLO W S/O GUADALUPE25-162 SAN PABLO E S/O CATALINA25-163 SAN PABLO W S/O CATALINA25-164 SAN PABLO W 100' N/O CATALINA25-165 SAN PABLO E 190' N/O CATALINA - 44-220 SP25-166 SAN PABLO W S/O SAN NICHOLAS25-167 SAN PABLO W S/O SANTA ROSA25-168 SAN PABLO E S/O SANTA ROSA25-169 SAN GORGONIO S E/O SAN PABLO25-170 SAN GORGONIO S W/O SAN PABLO25-171 ALESSANDRO N W/O LAS PALMAS25-172 ALESSANDRO N 225' W/O LAS PALMAS25-173 ALESSANDRO N 525' W/O LAS PALMAS25-174 ALESSANDRO N 300' E/O SAN MARCOS26-01 EL PASEO S 225' E/O PORTOLA UNDER SIDEWALK26-02 DRIFTWOOD W 150' S/O SHADOW HILLS UNDER SIDEWALK26-03 DRIFTWOOD W AT SHADOW HILLS26-04 EL CORTEZ N W/O SANTA YNEZ NEAR 74-230 EL CORTEZ26-05 EL CORTEZ S W/O SANTA YNEZ - 74-255 EL CORTEZ26-06 DEEP CANYON W S/O FRED WARING26-07 DEEP CANYON W S/O MONTE VERDE - CURB OUTLET26-08 DEEP CANYON W N/O PEPPERTREE CLEANOUT IN GRAVEL - 45-707 DC26-09 DEEP CANYON W N/O ROYAL CANYON CURB OUTLET26-10 DEEP CANYON W S/O GOLETA AVE26-11 DEEP CANYON W S/O ALESSANDRO26-12 DEEP CANYON W 150' S/O HIDDEN PALMS DRIVE26-13 DEEP CANYON E S/O FRED WARING26-14 DEEP CANYON E S/O HIDDEN PALMS DR26-15 DEEP CANYON E S/O HWY 11126-16 DE ANZA E S/O ALESSANDRO26-17 DE ANZA N W/O SANTA YNEZ - 74-226 DE ANZA26-18 DE ANZA S W/O SANTA YNEZ - 74-231 DE ANZA26-19 DE ANZA W S/O ALESSANDRO26-20 DEEP CANYON W S/O PEPPER TREE CLEAN OUT IN GRASS - 45-731 DC26-21 DEEP CANYON W S/O ROYAL CANYON26-22 CANDLEWOOD N E/O TORO PEAK - 74-746 CANDLEWOOD26-23 ALESSANDRO S W/O DEEP CANYON - 74-490 ALESSANDROPage 151 of 495 BASIN I.D. LOCATION DESCRIPTION DATE CLEANED?AMOUNT (GALLONS)RETROFITTED?DAMAGES TO BASIN OR DRAIN?CATCH BASIN STENCIL?CB LENGTH (FT) CB WIDTH (IN) CB DEPTH (FT)SUMP? TRAPS WATER?DRYWELL IN BASIN?TIME TO COMPLETECOMMENTS (INDICATE DAMAGE TO BASIN OR IF VEGETATION WAS FOUND GROWING IN THE BASIN)26-24 ALESSANDRO S W/O SANTA YNEZ UNDER SIDEWALK26-25 CHICORY END OF CUL DE SAC E/O PANORAMA - 74-467 CHICORY26-26 ALESANDRO S W/O DE ANZA26-27 HWY 111 S W/O PANORAMA26-28 HWY 111 S 200' E/O PORTOLA - 74-041 PALM DESERT SOUTH26-29 HWY 111 S 450' E/O HOSPITALITY IN GRASS26-30 HWY 111 S W/O DEEP CANYON26-31 INDIAN CANYON 44-20026-32 KINGS CANYON 44-20126-33 LANTANA W N/O LARREA UNDER SIDEWALK26-34 HIDDEN PALMS E S/O FRED WARING26-35 HIDDEN PALMS W S/O FRED WARING26-36 GOLETA 74-22026-37 GOLETA AVE 74-03026-38 GRAND CANYON 44-21926-39 FRED WARING S W/O FLORINE AVE26-40 FRED WARING S W/O HIDDEN PALMS26-41 FRED WARING S E/O PRIMROSE26-42 HAZEL CANYON LANE 44-20126-43 WINGFOOT E N/O FAIRWAY UNDER WALL26-44 WINGFOOT W N/O FAIRWAY UNDER WALL26-45 YUCCA TREE N 450' N/O FAIRWAY - 74-682 YUCCA TREE26-46 ROYAL CANYON S W/O DEEP CANYON26-47 RAMONA N W/O DEEP CANYON26-48 RAMONA S W/O DEEP CANYON26-49 SAN MARINO CIRCLE 74-04126-50 SAN MARINO CIRCLE 74-04426-51 SAN ONOFRE 44-52526-52 SHADOW HILLS E S/O PALM DESERT SOUTH26-53 SHADOW HILLS N AT DRIFTWOOD26-54 SHADOW HILLS W S/O PALM DESERT SOUTH26-55 SILVER CANYON 44-21726-56 SANTA MARGARITA 44-52026-57 PALM DESERT SOUTH S 425' E/O HOSPITALITY - 74-715 PDS26-58 PALM DESERT SOUTH S W/O DEEP CANYON - 74-495 PDS26-59 PALM DESERT SOUTH N W/O DEEP CANYON26-60 PALM DESERT SOUTH N W/O EL PASEO - 73-850 PDS26-61 PALM DESERT SOUTH N W/O PANORAMA26-62 PALM DESERT SOUTH S 125' W/O PANORAMA UNDER SIDEWALK - 74-271 PDS26-63 PAROSELLA END OF CUL DE SAC E/O PANORAMA - 74-468 PAROSELLA26-64 PALM DESERT SOUTH N 425' E/O HOSPITALITY - 74-715 PDS26-65 PALM DESERT NORTH S W/O EL PASEO IN PARKING STALL26-66 PALM DESERT NORTH N 750' W/O DE ANZA26-67 PALM DESERT NORTH N W/O DE ANZA26-68 PORTOLA E S/O FRED WARING26-69 PORTOLA E S/O DE ANZA26-70 PORTOLA AVE E 300' N/O FAIRWAY - 45-900 PORTOLA26-71 PORTOLA AVE E 350' S/O CHICORY - 45-768 PORTOLA26-72 PORTOLA AVE E N/O ALESSANDRO DR26-73 PORTOLA AVE E S/0 HWY 111 - 45-188 PORTOLA26-74 PORTOLA AVE E S/O EL PASEO - 45-300 PORTOLA26-75 PORTOLA AVE E S/O SHADOW MOUNTAIN26-76 PEPPERGRASS END OF CUL DE SAC E/O PANORAMA - 74-479 PEPPERGRASS26-77 PEPPERTREE S 300' W/O TORO PEAK - 74-681 PEPPER TREE26-78 PORTOLA E S/O CATALINA WAY28-01 SHADOW MOUNTAIN S E/O HWY 74 UNDER SIDEWALK28-02 SKYWARD N W/O ALAMO - 72-988 SKYWARD28-03 SKYWARD S W/O ALAMO - 72-987 SKYWARD28-04 SOMERA N W/O ALAMO - 72980 SOMERA28-05 SOMERA S W/O ALAMO28-06 HAYSTACK S W/O ALAMO - 72-987 HAYSTACK28-07 LOTUS 72-65028-08 HOMESTEAD N 175' E/O BEVERLY - 72-910 HOMESTEAD28-09 HOMESTEAD N E/O OCOTILLO - 72-750 HOMESTEAD28-10 HOMESTEAD N W/O ALAMO - 72-990 HOMESTEAD28-11 AMBER N 150' W/O ALAMO - 72-970 AMBER28-12 AMBER S W/O ALAMO - 72-995 AMBER28-13 AMBER W/O ALAMO END OF CUL DE SAC - 72-870 AMBER28-14 BEL AIR N W/O ALAMO - 72-992 BEL AIR28-15 BEL AIR S W/O ALAMO - 72-993 BEL AIR28-16 ALAMO W S/O HAYSTACK28-17 HWY 74 E 450' N/O HAYSTACK UNDER SIDEWALK28-18 DEER GRASS N W/O ALAMO - 72-990 DG28-19 DEER GRASS S W/O ALAMO - 72-995 DG28-20 CALLIANDRA N W/O ALAMO - 72-990 CALLIANDRA28-21 CALLIANDRA S W/O ALAMO28-22 CALLIANDRA S W/O ALAMO29-01 CALLIANDRA S W/O HELIOTROPE29-02 BURSERA N W/O DESERT LILY - 73-258 BURSERA29-03 BURSERA S W/O DESERT LILY - 73-261 BURSERA29-04 CHIA E N/O BEL AIR29-05 CHIA W 150' S/O HAYSTACKPage 152 of 495 BASIN I.D. LOCATION DESCRIPTION DATE CLEANED?AMOUNT (GALLONS)RETROFITTED?DAMAGES TO BASIN OR DRAIN?CATCH BASIN STENCIL?CB LENGTH (FT) CB WIDTH (IN) CB DEPTH (FT)SUMP? TRAPS WATER?DRYWELL IN BASIN?TIME TO COMPLETECOMMENTS (INDICATE DAMAGE TO BASIN OR IF VEGETATION WAS FOUND GROWING IN THE BASIN)29-06 CHIA W S/O BEL AIR29-07 BEL AIR S W/O CHIA - 73-213 BEL AIR29-08 ALAMO E S/O HAYSTACK29-09 ALAMO E S/O SKYWARD29-10 IRONWOOD S W/O SAN LUIS REY - 73-615 IRONWOOD29-11 AMBER E/O CALICO CACTUS END OF CUL DE SAC - 73-251 AMBER29-12 IRONWOOD PARK PARKING LOT29-13 DESERT LILY E S/O BURSERA WAY29-14 DESERT LILY E S/O GRAPEVINE29-15 DESERT LILY W 175' S/O BURSERA29-16 DESERT LILY W S/O GRAPEVINE - 46-530 GRAPEVINE29-17 HAYSTACK S W/O CHIA - 73-197 HAYSTACK29-18 PORTOLA W S/O SILVER SPUR UNDER SIDEWALK29-19 PORTOLA W S/O HAYSTACK29-20 HELIOTROPE E AT DESERT HOLLY - 47-170 HELIOTROPE29-21 HELIOTROPE W S/O DESERT HOLLY - 47-175 HELIOTROPE29-22 GRAPEVINE N 1,000' W/O WHITE STONE UNDER SIDEWALK - 73-700 GRAPEVINE29-23 GRAPEVINE N W/O RYWAY - 73-400 GRAPEVINE29-24 GRAPEVINE N W/O WHITE STONE - 73-920 GRAPEVINE29-25 GRAPEVINE S AT GOLDENROD - 73-325 GRAPEVINE29-26 GRAPEVINE S E/O DESERT LILY - NEAR 73-300 GRAPEVINE29-27 GRAPEVINE S E/O RYWAY - NEAR 73-500 GRAPEVINE29-28 GRAPEVINE S W/O RYWAY - 73-465 GRAPEVINE29-29 GRAPEVINE ST N W/O PORTOLA - 73-970 GRAPEVINE29-30 GRAPEVINE ST S W/O PORTOLA AVE29-31 HAYSTACK N 175' E/O HELIOTROPE29-32 HAYSTACK N 500' W/O PORTOLA29-33 HAYSTACK N AT CHIA29-34 HAYSTACK N W/O HELIOTROPE29-35 HAYSTACK S 300' W/O HELIOTROPE - 73-425 HAYSTACK29-36 HAYSTACK S 500' W/O PORTOLA29-37 HAYSTACK S 650' E/O CHIA - NEAR 73-359 HAYSTACK29-38 HAYSTACK S E/O ALAMO - 73-005 HAYSTACK29-39 HAYSTACK S E/O MOON CLEAN OUT IN GRASS - 73-607 HAYSTACK29-40 TAMARISK 1500' E/O FRONTAGE - END OF CUL DE SAC29-41 SIESTA N E/O MOON END OF CUL DE SAC - 73-600 SIESTA29-42 SUN CORRAL N AT SILVER SPUR29-43 SUN CORRAL N W/O SILVER SPUR - 47-817 SC29-44 SUN CORRAL S W/O SILVER SPUR - NEAR 47-833 SC29-45 PORTOLA AVE W S/O GRAPEVINE ST29-46 PORTOLA AVE W S/O OLD PROSPECTOR29-47 SILVER SPUR S AT SUN CORRAL29-48 PORTOLA E N/O HAYSTACK CHANNEL UNDER SIDEWALK29-49 PORTOLA E S/O HAYSTACK CHANNEL UNDER SIDEWALK31-01 SUNDOWN N AT OPAL - 72680 SUNDOWN31-02 SHADY VIEW 48-521 END OF CUL DE SAC31-03 OLYMPIC 48-52131-04 NORTH VIEW E 150' S/O MESA VIEW - 48-550 NORTH VIEW31-05 NORTH VIEW E S/O MESA VIEW - 48-520 NORTH VIEW31-06 NORTH VIEW W 125' S/O MESA VIEW - 48-551 NORTH VIEW31-07 NORTH VIEW W N/O QUAIL HOLLOW - 48-721 NORTH VIEW31-08 NORTH VIEW W S/O MESA VIEW - 48-521 NORTH VIEW31-09 VALLEY VIEW 48-601 UNDER SIDEWALK31-10 DESERT VIEW S AT OCOTILLO - 72-731 DV31-11 HWY 74 W S/O HOMESTEAD31-12 INDIAN HILLS END OF CUL DE SAC31-13 MESA VIEW S 100' W/O NORTH VIEW31-14 MESA VIEW S 150' W/O NORTH VIEWPage 153 of 495 Page 154 of 495 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: April 25, 2024 PREPARED BY: Erica Powell, Management Analyst REQUEST: RECEIVE AND FILE UPDATE ON COMMUNITY HEROES MURAL RECOMMENDATION: Receive and file update on Community Heroes mural to be installed at the City’s Corporate Yard. BACKGROUND/ANALYSIS: On September 23, 2023, the City of Palm Desert published a call for mural artists to submit proposals for a project to honor Palm Desert’s Public Works staff for their tireless efforts serving the community during and after Tropical Storm Hilary by creating a mural at the City’s Corporate Yard building located at 74705 42nd Avenue. The City requested artists to submit creative proposals that embraced teamwork and determination . In addition, the City requested that proposals include a description of community participation such as workshops, collaborative design, and hands-on painting. The call for artists was posted on the City’s Public Art Artist Opportunities webpage and promoted via the City’s social media pages and on other sites for approximately one month and drew a total of seven (7) submissions. At the November 8, 2023, Cultural Arts Committee meeting, the Committee reviewed submissions and selected artist Robert “Trinity” Rivard to complete the project. To develop a draft design, Trinity consulted with the City’s Public Works staff to gain a better understanding of what it was like to work through Tropical Storm Hilary. Additionally, City staff created an EngagePalmDesert.com page to encourage residents to anonymously provide input of their own experiences and sign up to help paint the mural, which has been promoted via social media. At the April 10, 2024, Cultural Arts Committee meeting, the Committee approved the final mural design. Work on the mural, which is open to the community, is scheduled from May 7 -17, and a dedication ceremony will be held on May 16, at the Corporation Yard. On completion, a plaque will be fabricated and installed on the mural to commemorate the unity of our staff and community with the following statement: “This mural recognizes the City of Palm Desert staff who selflessly united to safeguard our community during Tropical Storm Hilary. Their unwavering dedication and resilience serve as an inspiration for us all. May their actions never be forgotten, and may this tribute serve as a reminder of the strength and unity that defines us in times of crisis.” Page 155 of 495 City of Palm Desert UPDATE ON COMMUNITY HEROES MURAL Page 2 of 2 Strategic Plan: Installation of the Community Heroes mural is in line with the Arts & Culture Mini-Vision contained in the Strategic Plan, which states: “Arts and culture give a community its soul. Palm Desert is the cultural core of the Coachella Valley. Cultural tourism drives economic growth in Palm Desert. The community is host to internationally recognized cultural events that bring significant economic benefits to the City. Palm Desert is a leader in arts education, ensuring a well-rounded population that possesses high levels of creativity and critical thinking skills. FINANCIAL IMPACT: The cost for the community mural project is $8,000. The cost for the plaque to include installation will be an additional amount not to exceed $1,800. Funding is available in the FY 2023/2024 Public Art Account No. 4364650-4309200. ATTACHMENTS: 1. Call for Artists Community Mural October 2023 2. Community Heroes Mural by Trinity Rivard Final Design 3. Community Heroes Mural Location Page 156 of 495 Call for Ar�sts, Community Mural Project: September 25, 2023 Call for Artists Community Mural Project Deadline for Entries Monday, October 23, 2023 ABOUT THE PROJECT The City of Palm Desert is dedicated to serving residents and visitors by providing exemplary services to the community. A large percentage of staff has been recognized for going above and beyond during the emergencies and disaster situations brought on by Hurricane Hilary. The City of Palm Desert would like to honor and distinguish its Public Works staff and other outdoor workers for their unfailing determination to serve this community during and after the storm. ABOUT THE MURAL The City of Palm Desert is seeking mural artists to create proposals that embrace the teamwork, determination, and hard work that staff has provided the community. The mural should serve as a visual representation of our community’s collective spirit. COMMUNITY PARTICIPATION This mural project’s essence relies in the active involvement of our staff and community members. Artists should consider the following elements in their proposals: 1. Community Workshops: Develop and host interactive workshops to engage community members of all ages in the creation of the mural. These workshops can serve as platforms for sharing stories, memories, and creative ideas. 2. Collaborative Design: Collaborate with community members to design and sketch the mural, ensuring their ideas and visions are incorporated into the final artwork. 3. Hands-on Painting: Encourage residents to contribute to the mural by inviting them to participate in the painting process. Creatively identify Public Works staff and other outdoor workers with initials or other ideas. LOCATION AND DIMENSIONS The mural wall measures 160’ (W) X 6’ (H) and is located at 74705 42nd Ave and Joni Drive. Please see images attached. ELIGIBILITY Open to artists aged eighteen (18) and older in the Coachella Valley and surrounding area with demonstrated experience as a mural artist. The City of Palm Desert is committed to inclusion and diversity and welcomes applicants of all faiths, creeds, ancestries, and ethnicities without regard to disability, gender identity, sexual orientation, or immigration status. Artist shall procure or otherwise provide proof of commercial general liability ($1,000,000 per occurrence/$2,000,000 general aggregate/$1,000,000 personal injury), naming the City of Palm Desert and their representative officer agents, employees, and volunteers, as additional insured. ARTIST COMPENSATION The artist selected will receive $8,000, inclusive of artist fees, supplies, and community participation elements. Page 157 of 495 Call for Ar�sts, Community Mural Project: September 25, 2023 TIMELINE • Deadline for applications is October 23, 2023, at 11:59 p.m. • Artist selection in mid-November 2023. • Workshop scheduling and mural installation to begin January 2024. TO APPLY https://arcg.is/1vruyP Page 158 of 495 Page 159 of 495 Page 160 of 495 Page 161 of 495 Page 162 of 495 Page 163 of 495 Page 164 of 495 Page 165 of 495 Page 166 of 495 Page 167 of 495 Page 168 of 495 03. Community Mural Project Loca�on: City of Palm Desert – Corpora�on Yard Wall: 74705 42nd Avenue, nearest cross street is Joni Drive. Page 169 of 495 Page 170 of 495 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: April 25, 2024 PREPARED BY: Christina Canales, Land Development Technician REQUEST: RELEASE THE GRADING BOND FOR THE MILLENNIUM APARTMENTS PROJECT RECOMMENDATION: Release the Grading Bond for the Millennium Apartments Project in the full amount of $189,393.50. BACKGROUND/ANALYSIS: On March 15, 2022, the Planning Commission approved, the Millennium Apartments Project (PP22-0009) by Resolution No. 2809, a request by MRES Millennium Holdings, LLC (Applicant), 12149 West Center Road, Omaha, NE 68144, consists of a precise plan to constr uct 330 apartment units within fifteen buildings and the creation of onsite stormwater retention basins. This project is located on the southeast corner of Technology Drive at Gerald Ford Drive. This project is located on parcel 7 of Parcel Map 36792, with in the Millennium Specific Plan. At the time of grading permit issuance (RG22-0008), the Development Services Department accepted a grading agreement and rough grading bond from the Applicant in the amount of $189,393.50. The rough grading for this project is now complete. The City Engineer has received a pad certification, establishing the pad elevation, and line and grade for the proposed buildings. The project will continue construction through precise grading. Development Services has a cash deposit in the amount of $29,940.00 for dust control (PM10). LEGAL REVIEW: The City Attorney’s Office has reviewed this report. FINANCIAL IMPACT: There is no fiscal impact associated with this action. ATTACHMENTS: 1. Grading Agreement & Bond 2. Vicinity Map Page 171 of 495 Page 172 of 495 GRADING ONLY AGREEMENT DATE OF AGREEMENT: December 27 20 22 NAME OF OWNER/DEVELOPER MRES Millennium Holdings, LLC referred to as "GRADER") PROPERTY (MAP AND PARCEL NO.): Parcel 7 of Map 36792 No. of Lots: 1 referred to as "PROPERTY") GRADING PLANS APPROVED ON: January 12, 2023 referred to as "GRADING PLANS") ESTIMATED TOTAL COST OF GRADING:$ 189,393.50 SURETY: 55-226149 BOND NOS: SURETY: United Fire & Casualty Company OR- IRREVOCABLE STAND-BY LETTER OF CREDIT NO. FINANCIAL INSTITUTION: OR- CASH/CERTIFICATE OF DEPOSIT, AGREEMENT DATED: FINANCIAL INSTITUTION: This Agreement is made and entered into by and between the City of Palm Desert, a municipal corporation of the State of California, hereinafter referred to as "CITY", and the GRADER. 1- Page 173 of 495 RECITALS A. In consideration of the approval of the Grading Plans for the PROPERTY by the City Council, GRADER desires to enter into this Agreement, whereby GRADER promises to complete, at GRADER's own expense, all the grading work required by CITY in connection with the proposed PROPERTY. GRADER has secured this Agreement by grading security required by the City and approved by the City Attorney. B. GRADING PLANS for the grading of the PROPERTY have been prepared by GRADER and approved by the City Engineer. The GRADING PLANS numbered as referenced previously in this Agreement are on file in the Office of the City Engineer and are incorporated into this Agreement by this reference. All references in this Agreement to the GRADING PLANS shall include reference to any specifications for the improvements as approved by the City Engineer. C. An estimate of the cost for grading and performing land development work in connection with the grading according to the GRADING PLANS has been made and has been approved by the City Engineer. The estimated amount is stated on Page 1 of this Agreement. The basis for the estimate is attached as Exhibit "A" to this Agreement. D. CITY has adopted standards for the grading of property within the CITY. The GRADING PLANS have been prepared in conformance with CITY standards in effect on the date of the approval. E. GRADER recognizes that CITY and adjacent properties may be damaged by GRADER's failure to perform its obligations to complete approved grading by the time established in this Agreement. CITY shall be entitled to all remedies available to it pursuant to this Agreement and law in the event of a default by GRADER. 2- Page 174 of 495 NOW, THEREFORE, in consideration of the approval by the City of the GRADING PLANS, GRADER and CITY agree as follows: 1) GRADER's Obligation to Complete Grading. GRADER shall: a) Complete at GRADER's own expense, all the grading required by the Approval in conformance with approved GRADING PLANS within one year from date of execution of this Agreement; provided however, that the grading shall not be deemed to be completed until approved by City Engineer as provided in Section 4 herein. 2) Security. GRADER shall at all times guarantee GRADER's performance by furnishing to CITY, and maintaining, good and sufficient security as required by the CITY on forms approved by CITY for the purposes and in the amounts as follows: a) to assure faithful performance of this Agreement in regard to said grading in an amount of 25% of the estimated cost of the grading. The securities required by this Agreement shall be kept on file with the City Clerk. The terms of the security documents referenced on page 1 of this Agreement are incorporated into this Agreement by this reference. If any security is replaced by another approved security, the replacement shall: 1) comply with all the requirements for security in this Agreement; 2) be provided to the City Engineer to be filed with the City Clerk and, upon filing, 3) shall be deemed to have been made a part of and incorporated into this Agreement. Upon provision of a replacement security with the City Engineer and filing of a replacement security with the City Clerk, the former security may be released. 3- Page 175 of 495 3) Alterations to GRADING PLANS. a) Any changes, alterations or additions to the GRADING PLANS not exceeding ten percent(10%) of the original estimated cost of the improvements, which are mutually agreed upon by CITY and GRADER, shall not relieve the improvement security given for faithful performance of this Agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the improvement, GRADER shall provide grading security for faithful performance as required by Section (3) of this Agreement for twenty-five percent (25%) of the total estimated cost of the grading as changed, altered, or amended, minus any completed partial releases allowed by Section 6) of this Agreement. b) The GRADER shall complete the grading in accordance with CITY standards in effect at the time of approval of GRADING PLANS. CITY reserves the right to modify the standards applicable to the PROPERTY and this Agreement, when necessary to protect the public safety or welfare or comply with applicable state or federal law or CITY zoning ordinances. If GRADER requests and is granted an extension of time for completion of the grading, CITY may apply the standards in effect at the time of the extension. 4) Inspection. GRADER shall at all times maintain proper facilities and safe access for inspection of the grading by CITY inspectors. Upon completion of the work, GRADER may request a final inspection by the City Engineer, or the City Engineer's authorized representative. If the City Engineer, or the designated representative, determines that the work has been completed in accordance with this Agreement, then the City Engineer shall certify the completion of the grading. When applicable law requires an inspection to be made by City at a particular stage of the grading, CITY shall be given 4- Page 176 of 495 timely notice of GRADER's readiness for such inspection and GRADER shall not proceed with additional work until the inspection has been made and the work approved. GRADER shall bear all costs of inspection and certification. 5) Release of Securities. The securities required by this Agreement shall be released as following: a) Security given for faithful performance of any act, obligation, work or agreement shall be released upon the final completion and approved of the act or work. 6) Injury to Public Improvements, Public Property or Public Utilities Facilities. GRADER shall replace or repair or have replaced or repaired, as the case may be, all public improvements, public utilities facilities and surveying or property monuments which are destroyed or damaged as a result of any work under this Agreement. GRADER shall bear the entire cost of replacement or repairs of any and all public or public utility property damaged or destroyed by reason of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by CITY or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 7) Permits. GRADER shall, at GRADER's expense, obtain all necessary permits and licenses for the grading, give all necessary notices and pay all fees and taxes required by law. 8) Default of GRADER. a) Default of GRADER shall include, but not be limited to, 1) GRADER's failure to timely commence the grading; 2) GRADER's failure to timely complete grading; 5- Page 177 of 495 3) GRADER's failure to timely cure any defect in the grading; 4) GRADER's failure to perform substantial work for a period of twenty 20) calendar days after commencement of the work; 5) GRADER's insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which GRADER fails to discharge within thirty (30) days; 6)the commencement of a foreclosure action against the PROPERTY or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or 7) GRADER's failure to perform any other obligation under this Agreement. b) CITY reserves to itself all remedies available to it at law or in equity for breach of GRADER's obligations under this Agreement. CITY shall have the right, subject to this Section, to draw upon or utilize the appropriate security to mitigate CITY's damages in event of default by GRADER. The right of CITY to draw upon or utilize the security is additional to and not in lieu of any other remedy available to CITY. It is specifically recognized that the estimated costs and security amounts may not reflect the actual cost of grading and, therefore, CITY's damages for GRADER's default shall be measured by the cost of completing the required grading. The sums provided by the security may be used by CITY for the completion of the grading in accordance with the GRADING PLANS contained herein. In the event of GRADER's default under this Agreement, GRADER authorizes CITY to perform such obligation twenty (20) days after mailing written notice of default to GRADER and to GRADER's surety, and agrees to pay the entire cost of such performance by CITY. 6- Page 178 of 495 CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of GRADER, and GRADER's surety shall be liable to CITY for any excess cost or damages occasioned CITY thereby. In such event, CITY, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plants and other property belonging to GRADER as may be on the site of the work and necessary for performance of the work. c) Failure of GRADER to comply with the terms of this Agreement shall constitute consent to the filing by CITY of notice of violation against the PROPERTY. The remedy provided by this subsection (c) is in addition to and not in lieu of other remedies available to CITY. GRADER agrees that the choice of remedy or remedies for GRADER's breach shall be in the discretion of CITY. d) In the event that GRADER fails to perform any obligation hereunder, GRADER agrees to pay all costs and expenses incurred by CITY in securing performance of such obligations, including but not limited to fees and charges of engineers, attorneys, other professionals, and court costs. e) The failure of CITY to take an enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of GRADER. 9) GRADER Not Agent of CITY. Neither GRADER nor any of GRADER's agents, contractors or subcontractors are or shall be considered to be agents of CITY in connection with the performance of GRADER'S obligations under this Agreement. 10) Indemnity/Hold Harmless. CITY or any officer or employee thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or 7- Page 179 of 495 omissions of GRADER, its agents, or employees, contractors and subcontractors in the performance of this Agreement. GRADER further agrees to protect, defend, indemnify and hold harmless CITY, its officials, boards and commissions, and members thereof, agents and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions of GRADER, its agents, employees, contractors and subcontractors in the performance of this Agreement, except for such claims, demands, causes of action, liability, or loss arising out of the sole active negligence of the CITY, its officials, boards, commissions, the members thereof, agents, and employees, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction of the improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the grading of the PROPERTY, and in addition, to adjacent property owners. Approval by CITY of the grading shall not constitute an assumption by CITY of any responsibility for any damage or taking covered by this Section. CITY shall not be responsible for the performance of grading, regardless of any negligent action or inaction taken by CITY in approving the plans, unless the particular design was specifically required by CITY over written objection by GRADER submitted to the City Engineer before approval of the particular grading design, which objection indicated that the particular grading design was dangerous or defective and suggested an alternative safe and feasible design. GRADER shall reimburse CITY for all costs and expenses (including but not limited to fees and charges of architects, engineers, attorneys, and other professionals, and court costs) incurred by CITY in enforcing the provisions of this Section. 8- Page 180 of 495 11) Personal Nature of GRADER'S Obligations. All of GRADER's obligations under this agreement are and shall remain the personal obligations of GRADER notwithstanding a transfer of all or any part of the property subject to this Agreement, and GRADER shall not be entitled to assign its obligations under this Agreement to any transferee of all or any part of the property within the PROPERTY or to any other third party without the express written consent of CITY. 12) Sale or Disposition of PROPERTY. GRADER may request a novation of this Agreement and a substitution of security. Upon approval of the novation and substitution of securities, the GRADER may request a release or reduction of the securities required by this Agreement. Nothing in the novation shall relieve the GRADER of the obligations under Section (18) for the work or improvement done by GRADER. 13) Time of the Essence. Time is of the essence in the performance of this Agreement. 14) Time for Commencement of Work; Time Extensions. GRADER shall commence substantial grading required by this Agreement not later than six (6) months after the date of this Agreement. In the event good cause exists as determined by the City Engineer, the time for commencement of grading hereunder may be extended for a period or periods not exceeding a total of two (2) additional years. The extension shall be executed in writing by the City Engineer. Any such extension may be granted without notice to GRADER's surety and shall not affect the validity of this Agreement or release the surety or sureties on any security given for this Agreement. The City Engineer shall be the sole and final judge as to whether or not good cause has been shown to entitle GRADER to an extension. Delay, other than delay in the commencement of work, resulting from an act of CITY, act of God, or by storm or inclement weather, strikes, boycotts or similar 9- Page 181 of 495 political actions which prevents the conducting of work, which GRADER could not have reasonably foreseen and, furthermore, were not caused by or contributed to by GRADER, shall constitute good cause for and extension of the time for completion. As a condition of such extension, the City Engineer may require GRADER to furnish new security guaranteeing performance of this Agreement as extended in an increased amount as necessary to compensate for any increase in construction costs as determined by the City Engineer. 15) No Vesting of Rights. Performance by GRADER of this Agreement shall not be construed to vest GRADER's rights with respect to any change in any zoning or building law or ordinance. 16) Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States mail. Notices shall be addressed as follows unless a written change of address is filed with the City: 10- Page 182 of 495 Notice to CITY: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attn: Maria Fraser,City Engineer Notice to GRADER: Lippert Construction, Inc. Dave Lippert P.O. Box 5477 La Quinta,CA 92248 Notice to SURETY: United Fire &Casualty Company Attn:Surety Department 118 Second Avenue SE Cedar Rapids, IA 52401 17) Compliance With Laws. GRADER, its agents, employees, contractors and subcontractors shall comply with all federal, state and local laws in the performance of the grading required by this Agreement. 18) Severability. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties. 19) Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this Agreement. 20) Litigation or Arbitration. In the event that suit or arbitration is brought to enforce the terms of this Agreement, the prevailing party shall be entitled to litigation costs and reasonable attorneys' fees. 11- Page 183 of 495 21) Incorporation of Recitals. The recitals to this Agreement are hereby incorporated into in the terms of this Agreement. 22) Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. 23) Interpretation. This Agreement shall be interpreted in accordance with the laws of the State of California. 24) Jurisdiction. Jurisdiction of all disputes over the terms of this Agreement shall be in the County of Riverside, State of California. 12- Page 184 of 495 IN WITNESS WHEREOF, this Agreement is executed by the parties as of the date hereinabove first written; by CITY, by and through its Mayor. CITY OF PALM DESERT MRES Millennium Holdings, LLC GRADER GRADER L.TODD HILEMAN, CITY MANAGER Proper Notarization of GRADER's signature is required and shall be attached) ATTEST: A HONY J. IA, CLERK APPROV TO iRM: Rw.74 ARG A ES, CITY ATTORNEY 13— Page 185 of 495 ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Nebraska ss. County of Douglas On December 27, 2022, before me, L a v/' g SC oe JAI 4 a Notary Public, personally appeared Adam S. Kirshenbaum, a Manager of MRES Legacy Manager III, LLC, the Manager of MRES Millennium Holdings, LLC, 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 Nebraska that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature I-AURA SCHOENING General Notary•State of Nebraska My Commisslon Expires Apr 22, 2025 14- Page 186 of 495 Exhibit A Rough Grading Bond Estimate dated December 16, 2022. Page 187 of 495 MDS CONSULTING PLANNING,ENGINEERING.SURVEYING IRVINE/ PALM DESERT ROUGH GRADING BOND ESTIMATE Millennium Apartments, City of Palm Desert PREPARED: December 16, 2022 ITEM QUANTITY UNIT COST COST ROUGH GRADING: MASS EXCAVATION 10,661 CY 4.00 42,644 IMPORT 23,531 CY 12.00 282,372 CONST.6'PERIMETER/GARDEN WALL 2,096 LF 82.00 171,872 CONST.8'COMBINIATION GARDEN/RETAINING WALL 380 LF 120.00 $ 45.600 CONST,VAR.HGT. (4'max)RETAINING WALL 676 LF 124.00 $ 83:824 CONST, DRY WELL PER CITY STD. 111 1 EA 5,000.00 $ 5,000 Subtotal Rough Grading $ 631.312 Contingency Fee 20% $ 126,262 I TOTAL GRADING BOND ESTIMATE $ 7¢7.574 UNIT PRICES USED HEREIN ARE BASED UPON EITHER CLIENT PROVIDED INFORMATION OR FROM BEST AVAILABLE INDUSTRY DATA AT THE TIME OF PREPARATION. CONSULTANT ASSUMES NC) RESPONSIBILITY FOR THE EXACTNESS OF SUCH UNIT PRICES IN 4O J EITHER EVENT. 9 J. '(` ItA PREPARED UNDER THE SUPERVISION OF: ca 8Nra. 052496S. m e* Exp. 12-31-24 *, c........y.,..., T LF'GALIC, i Dec. 16, 2022 EDWARD J.LENTH, R.C.E. 052496 DATE EXP.DATE 12/31/24 CITY OF PALM DESERT ENGINEERING DIVISION Project No. RG22-0008 Submittal No. X Date 12/21/2022 By J.Tanner,PE 0 APPROVED AS NOTED APPROVED PENDING ITEMS IXI APPROVED 0 MAKE CORRECTIONS AS NOTED MICHAEL BAKER INTERNATIONAL REVIEW Millennium Apartments MRES Millennium Holdings, Inc. PAGE 1 OF 1 City of Palm Desert G:1928001MMlennium Grading Bond EstPage 188 of 495 CITY OF PALM DESERT STANDARD FORM GRADING FAITHFUL PERFORMANCE BOND DESCRIPTION OF PROPERTY: Parcel Map No. 36792, Parcel 7 NAME OF GRADER: MRES Millennium Holdings, LLC NAME OF SURETY: United Fire & Casualty Company EFFECTIVE DATE: 1/27/2023 AMOUNT OF BOND: $189,393.50 BOND NUMBER: 55-226149 PREMIUM: $3,788.00 KNOW ALL MEN BY THESE PRESENTS: That the person, firm, corporation, entity, or otherwise, named on line 2 above, without regard to gender and number, hereinafter referred to as PRINCIPAL, and the corporation named on Line 3 above, a corporation authorized to do business in the State of California and presently possessed of authority under Title 6 of the United States Code to do business under Sections 6 to 13 thereof, in the aggregate amounts hereof, hereinafter referred to as SURETY, are jointly and severally held and firmly bound unto the City of Palm Desert, a municipal corporation of the State of California, hereinafter referred to as CITY, in the sum mentioned on Line 5 above, for the faithful performance of that certain GRADING ONLY AGREEMENT between PRINCIPAL and CITY regarding the property named on Line 1 above, as required by the provision of the CITY ordinances, resolutions, rules, and regulations, for the payment of which sums well and truly to be made, Page 189 of 495 PRINCIPAL and SURETY hereby bind themselves, their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. The condition of the foregoing obligation is such that if the said PRINCIPAL shall faithfully perform the covenants, conditions, and agreements contained in that certain GRADING ONLY AGREEMENT between PRINCIPAL and CITY regarding the property named on LINE 1 of Page 1 hereof, which said agreement is by this reference incorporated herein, on its part to be kept and performed, in a manner and form therein specified, and shall furnish material in compliance with the specifications and perform all that certain work and improvement in said CITY which is more particularly described in said GRADING ONLY AGREEMENT, then the obligation with respect to the faithful performance is by this reference incorporated herein. The said SURETY, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the GRADING ONLY AGREEMENT or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the GRADING ONLY AGREEMENT, the work, the specifications or any feature or item of performance thereunder. In the event it becomes necessary for CITY to bring an action to enforce this bond, SURETY shall pay CITY's reasonable attorney's fees and court costs in connection therewith. Page 190 of 495 IN WITNESS WHEREOF, PRINCIPAL and SURETY have executed this instrument on the date mentioned on Line 4 of Page 1 hereof. PRINCIAL'S S- IGNATURE PRINCIPAL'S SIGNATURE PRINT NAME PRINT NAME Mg, Ler.tc 113i.t,( M aO Ms s A„t1-a nnly.h }ioldt i,t-Z.0 TITLE & COMPANY NAME TITLE & COMPANY NAME SURETY SIGN TAURE UNITED FIRE & CASUALTY COMPANY 118 Second Avenue SE James M. King Cedar Rapids, IA 52401 SURETY ATTORNEY-IN-FACT APPROVE OR • f ROB RT . ARGREAVES, CITY ATTORNEY Notarial acknowledgement of execution by ALL PRINCIPALS and SURETY must be attached.) Page 191 of 495 ACKNOWLEDGEMENT - PRINCIPAL A notary public or other officer completing this certificate verifies only the identity of theindividualwhosignedthedocumenttowhichthiscertificateisattached, and not the truthfulness, accuracy, or validity of that document. State of Nebraska 00463Countyof ss. g/ CUWW On 1, 20,33 , before me, *VA `le!a Notary ublic, per ovally appeared who proved to me on the basis of satisfactory evidence 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 byhis/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 Nebraska that the foregoing paragraph is true and correct. WITNESS my hand and official seal. LAURA SCHOENING General Notary-State of Nebraska My Commission Expires Apr 22, 2025 Signature ACKNOWLEDGEMENT - SURETY State of Nebraska ss. County of /l_1neiag r On Janiioiy ?7 , 20093 , before me, TQ/Y,G1/a a Notary Public, personally appeared JO neS ifl Kalil who proved to me on the basis of satisfactory evidence to 6b''e 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 Nebraska that the foregoing paragraph is true and correct. WITNESS my hand and official seal. GENERAL NOTARY•State of Nebraska TAMALA J HURLBUT A . My Comm.Exp.November 7,2025 Page 192 of 495 UNITED FIRE&CASUALTY COMPANY,CEDAR RAPIDS,IA inquiries: Surety Department UNITED FIRE&INDEMNITY COMPANY,WEBSTER,TX 118 Second Ave SE FINANCIAL PACIFIC INSURANCE COMPANY,ROCKLIN,CA Cedar Rapids,IA 52401 INSURANCE CERTIFIED COPY OF POWER OF ATTORNEY original on file at Home Office of Company—See Certification) KNOW ALL PERSONS BY THESE PRESENTS,That United Fire&Casualty Company,a corporation duly organized and existing under the laws of the State of Iowa; United Fire & Indemnity Company, a corporation duly organized and existing under the laws of the State of Texas; and Financial Pacific Insurance Company,a corporation duly organized and existing under the laws of the State of California(herein collectively called the Companies),and having their corporate headquarters in Cedar Rapids,State of Iowa,does make,constitute and appoint JAMES M. KING, THOMAS L. KING, JACOB J. BUSS, ROBERT T. CIRONE, SETH WEEDIN EACH INDIVIDUALLY their true and lawful Attorneys)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed $50,000,000.00 and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies and all of the acts of said Attorney,pursuant to the authority hereby given and hereby ratified and confirmed. The Authority hereby granted is continuous and shall remain in full force and effect until revoked by United Fire&Casualty Company,United Fire& Indemnity Company,and Financial Pacific Insurance Company. This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted on May 15,2013,by the Boards of Directors of United Fire&Casualty Company,United Fire&Indemnity Company,and Financial Pacific Insurance Company. Article Vi—Sarety Bondy and Undertakings" Section 2,Appointment of Attorney-in-Fact. "The President or any Vice President,or any other officer of the Companies may,from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Companies in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby,and the Corporate seal,may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby, such signature and seal,when so used,being adopted by the Companies as the original signature of such officer and the original seal of the Companies,to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such attorneys-in-fact,subject to the limitations set of forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such instnttnents and to attach the seal the Companies thereto. The President or any Vice President,the Board of Directors or any other officer of the Companies may at any time revoke all power and authority previously given to any attorney-in-fact. IN WITNESS WHEREOF,the COMPANIES have each caused these presents to be signed by its t1111N,• p111W/) 4 ,,so t"Hs('%,, vice president and its corporate seal to be hereto affixed thisyv . ;a a ct.•....•......27th day of March, 2019J• z •OiWOl5 lf CORPORATE _ _ CORPORATE VIE ty;a4s rz;Fct € UNITED FIRE&CASUALTY COMPANY e% A1 ;: vest 4F s:\n' an ,, Fa UNITED FIRE&INDEMNITY COMPANY i' ru, `` sa,` ' enilnn M° fir %`*„,,, N`' FINANCIAL PACIFIC INSURANCE COMPANY By: State of Iowa,County of Linn,ss:Vice President On 27th day of March, 2019, before me personally came Dennis J. Richmann to me known,who being by me duly sworn,did depose and say;that he resides in Cedar Rapids,State of Iowa;that he is a Vice President of United Fire Casualty Company, a Vice President of United Fire& Indemnity Company, and a Vice President of Financial Pacific insurance Company the corporations described in and which executed the above instrument; that he knows the seal of said corporations; that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. ee Judith A.Jones Iowa Notarial Seel Commission number 173041 11%-a. rtaty Public My Commission Expires 423Q021 My commission expires:4/23/2021 I,Mary A.Bertsch,Assistant Secretary of United Fire&Casualty Company and Assistant Secretary of United Fire&Indemnity Company,and Assistant Secretary of Financial Pacific Insurance Company,do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Section of the bylaws and resolutions of said Corporations as set forth in said Power of Attorney,with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATIONS,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect. In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Corporations this 27th day of January 20 23 T„p111ap4 auu,,n 0,40=0.a a: V It CORPORATE tra _` Ca:Ima 7L q2 sue.?)LY 2Z T' SEAL ..sent : : ',n :'= e, ' ,c '" 7,g "c <.' Assistant Secretary, ri°A"Opa``4•a'nnnos -'"„ ua•' UF&C&UF&I&FPIC1111aT1. I1iiM1 BPOA0049 1217 Page 193 of 495 Page 194 of 495 Union Pacific RR TechnologyD riveTechnology DriveTechnologyDrive GeraldFordDriveGe r a l d F o r d D riv e 10 Union Pacific RR Varner Rd 10 10 Tec hn o l o g y Dr i veD M V Union Pacific RR V a r n e r Rd Vicinity Map Palm Desert Parcels Palm Desert City Boundary 0 0.04 0.080.02 mi 0 0.07 0.130.03 km 1:2,257 MILLENNIUM APARTMENTS PARCEL 7 OF PARCEL MAP 36792 APN: 694-190-087 NORTHPage 195 of 495 Page 196 of 495 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: April 25, 2024 PREPARED BY: Lucero Leyva, Senior Project Manager REQUEST: AUTHORIZE AND AWARD TKE ENGINEERING, INC., AS AN ADDITIONAL CONSULTANT TO THE ON-CALL CONSTRUCTION MANAGEMENT CONTRACT IN AN AGGREGATE AMOUNT NOT TO EXCEED $11,739,394 RECOMMENDATION: 1. Authorize and award TKE Engineering, Inc., as an additional consultant to the On-Call Construction Management Contract in an aggregate amount not to exceed $11,739,394. 2. Authorize the City Manager to execute said agreements and subsequent task orders. 3. Direct the City Attorney, Director of Finance, and Director of Public Works/Capital Projects to review annual expenditures and performance of the vendors under said Agreement. BACKGROUND/ANALYSIS: On February 16, 2023, the City Council approved a multiple vendor contract for On -Call Construction Management services, and other related services as needed, in a cumulative amount not to exceed $11,739,394. On March 23, 2023, the City Council approved the addition of MAAS Companies, Inc. as the third consultant for the $11.74M On-Call Construction Management Services contract. To continue to support the planned projects in the 5 -year CIP efficiently and effectively, staff has found it necessary to request that the scope of the On -Call Construction Management Contract be expanded to include Engineering S ervices. In addition to construction, project and program management, these services would include civil engineering, traffic engineering, roadway design, survey, and inspections. Active capital projects like Walk and Roll Phase 2 and 3, El Paseo Street Resurface, Fire Stations Remodels and Construction, City Slurry Seal and several of the Housing Authority Pavement and Path of Travel Assessments and Designs, would stand to benefit from this action immediately. The planning department did complete a request for proposal for Engineering in March of 2023 in which TKE Engineering, Inc., submitted a proposal and was interviewed by city staff. While their proposal was not selected for the award at that time, they were the second -highest evaluated consultant. Since then, TKE Engineering, Inc. has been awarded a smaller professional services contract for engineering and planning development services and continuously demonstrated its ability to successfully meet the expectations of city staff. City staff recommends the addition of TKE Engineering, Inc. to the On-Call Construction Management services contract to continue to help support staff with the development, assessment, and implementation of current and future CIP projects. Page 197 of 495 City of Palm Desert Authorize and Award an Engineering Services Provider, TKE Engineering, Inc. Page 2 of 2 If approved, TKE Engineering will be added to the vendors approved for On-Call Construction Management and Engineering Services Agreement. Their contract will be managed in a task order format; the city will request a task proposal from the consultant, the consultant will submit the proposal, City staff will review and negotiate the cost and schedule, and then the task order will be issued to the consultant. Tasks and expenses will be tracked and managed to ensure that all the aggregate contract amounts do not exceed the total $11.74 million i dentified for construction management and engineering services. FINANCIAL IMPACT: There is no additional fiscal impact to the general fund beyond the allocation from the appropriate/associated CIP account. Additional monies may need to be appropriated to support the full engineering services needed for the full construction of a project. The table below illustrates the remaining balance available for on-call services for all vendors under this Task Order Agreement. ATTACHMENT: 1. TKE Engineering Inc. Proposal 2. TKE Engineering CM Contract Page 198 of 495 73510 Fred Waring Drive Palm Desert, CA 92260 Page 199 of 495 Prepared for: City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260 Contact: Richard Trupiano| Buyer Phone: (760) 776-6327 Email: rtrupiano@cityofpalmdesert.org Prepared by: TKE Engineering, Inc. 73710 Fred Waring Drive, Suite 102 Palm Desert, CA 92260 Contact: Terry Renner, P.E., L.S., Q.S.D. Senior Vice President Phone: (760) 895-1949 E-mail: trenner@tkeengineering.com TABLE OF CONTENTS TECHNICAL PROPOSAL Section A | Cover Letter Section B | Experience and Technical Competence Section C | Firm Staff and Key Personnel Section D | Proposed Method to Accomplish the Work SEPARATE ATTACHMENT Attachment A | Fee Proposal Page 200 of 495 P a g e |1 Engineering Services and Land Development (2022-RFP-169) City of Palm Desert S ECTION A | C OVER L ETTER March 30, 2023 Richard Trupiano Buyer City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260 Subject: 2022-RFP-169 – Engineering Services and Land Development Dear Mr. Trupiano, Thank you for the opportunity to present our proposal as a response to the 2022-RFP-169 for Engineering Services and Land Development. Our proposal enclosed herein, outlines TKE Engineering, Inc’s (TKE) qualifications to provide the requested services to the City of Palm Desert (City). TKE is a full service, multi-disciplinary consulting firm highly qualified to perform any and all City services required to successfully complete the City’s development and CIP projects. We are enthusiastic about the opportunity to assist the City and aware of the City’s needs for immediate assistance. As such we have already cleared our proposed staff’s workload to begin work for the City at a moment’s notice. Founded in 2000, TKE is a California Corporation with a local office immediately adjacent to Palm Desert City Hall at 73710 Fred Waring Drive, Suite 102. Why should the City choose TKE to provide consulting engineering services and land development support? Please consider the following: 1. Coachella Valley Experience – TKE has been working for various municipalities and/or District’s in the Coachella Valley since 2001. Throughout the past 22 years, TKE has developed an extensive understanding of the requirements, agencies and events which are exclusive to the Coachella Valley. Our current experience with CV-Sync has allowed our proposed staff to further expand our knowledge of the traffic patterns and critical traffic issues within the Coachella Valley and Palm Desert in particular. Numerous members of TKE’s staff are also PM- 10 Certified. 2. Team Leadership – The City will benefit greatly by continuing the vision, leadership, and dedication to community exhibited by TKE’s project team. TKE’s numerous accomplishments and management skills will help maintain continuity in the delivery of the services. In particular, Terry Renner, TKE’s Senior Vice President and Project Manager will be the client’s representative, and primary contact. Mr. Renner is a registered civil engineer and licensed land surveyor, and his experience extends from project planning to design and bidding through construction. His excellent communication and management skills will provide a great benefit to the City. In particular, his experience with “cutting edge” creative engineering techniques focused on cost control, will ensure that projects provide the maximum value for the public’s investment. Some of Mr. Renner’s key strengths are communication, organization and issues resolution. His effective communication skills ensure that all stakeholders are constantly advised of project progress. He implements a proactive organizational program to effectively manage the Team’s schedule, documents action items with required follow-up and conducts continuous budget and schedule reviews to anticipate needs for future action items. Lastly, Mr. Renner’s ‘can do’ approach to all project issues always results in resolution. His perseverance and vast knowledge and experience of issues will resolve challenges while protecting City interests. The City will find that Mr. Renner’s and TKE team approach provides the best working partnership to meet the City’s engineering needs. Supporting Mr. Renner will be TKE’s key personnel, including City Engineer, Brian Wolfe P.E.; Traffic Engineer, Justin Schlaefli P.E., T.E., P.T.O.E.; City Surveyor, Ron Musser L.S.; Construction and Project Manager, Terry Renner P.E., L.S., Q.S.D.; and Senior Land Development Engineer, Steve Nix P.E., L.S. We have included Earth Systems Pacific (Earth Systems) on our team as a subconsultant to provide Geotechnical Engineering support. All other services will be performed by TKE staff in-house. TKE’s team includes the principals of the firm. As such, they will remain in-place throughout the term of the contract. There will not be any changes in personnel during the contract duration without prior approval by the City. Page 201 of 495 P a g e |2 Engineering Services and Land Development (2022-RFP-169) City of Palm Desert S ECTION A | C OVER L ETTER 3. Qualifications and Experience – TKE is a firm capable of managing and delivering municipal consulting engineering services. We specialize in City Engineering and Land Development Services including project management, pre project planning, permitting, design and construction administration of public works and development projects. A brief list of on-call municipal clients, together with projects that TKE has successfully completed is presented in our proposal. The City will benefit from our broad range of experience through our intimate understanding of the common pitfalls for each project variation, and development processing challenges, and our past history of successfully overcoming these challenges. In addition, TKE’s experience includes a comprehensive understanding of the Standard Specifications for Public Works Construction (Green Book), project scheduling programs (including critical path methodology relating to interagency and interdepartmental coordination), and Caltrans Local Assistance project processing. Finally, TKE’s extensive funding administration experience will also greatly benefit the City. 4. Our Commitment – TKE is committed to providing high quality, efficient services to meet all of the City’s needs. As the City Engineer, Brian Wolfe will establish set office hours at the City and will meet with other staff regularly to discuss requirements and scheduling needs. He will also be in contact with project stakeholders as often as required to keep projects proceeding efficiently, on schedule and within allocated budgets. It is this personal touch and contact that define our ‘local service’ approach. We consider ourselves community builders and take ownership of services requested from TKE, ensuring that our personnel will be allocated on an as-needed basis in order to successfully complete all projects. Our broad array of services and in-house team provide the City a trusted consultant to turn to in any challenge, no matter how simple or complex. We pride ourselves in the management and completion of special, atypical projects and thrive on challenging budgets and deadlines. It is this commitment to service and diverse array of offerings that makes us unique and drives our long-standing relationships with our client base, and it is these qualities that make us ‘the right fit’ for the City. 5. Our Value – TKE’s management team and staff are fundamentally committed to creating value in each task that we perform. As such, we have created a professional culture wherein each member of our staff constantly strives for increased efficiency, ultimately allowing us to provide highly professional services at competitive rates. This culture of constant value creation and increased efficiencies, ensures that the services contracted to, and provided by TKE, will always mean good stewardship of resources. Thank you for your consideration. TKE acknowledges and accepts all of the general terms and conditions presented in the RFP without any exception. TKE has read and understands the RFP in its entirety, including, without limitation, the scope and nature of the work, as well as the associated attachments and addenda. TKE would very much appreciate the opportunity to interview with the City and introduce our team in person to City staff. Terry Renner is authorized to negotiate and execute an Agreement with the City on behalf of TKE. If you have any questions, please call Terry Renner at our office at (760) 895-1949, by cell at (909) 240-6285 or email him at trenner@tkeengineering.com. Sincerely, Terry Renner, PE, L.S., QSD Steven W. Ledbetter, PE Senior Vice President Vice President TKE Engineering, Inc. TKE Engineering, Inc. Page 202 of 495 P a g e |3 Engineering Services and Land Development (2022-RFP-169) City of Palm Desert S ECTION B | E XPERIENCE AND T ECHNICAL C OMPETENCE SECTION B | EXPERIENCE AND TECHNICAL COMPETENC E 1. B A C K G R O U N D TKE Engineering, Inc. (TKE), a California Corporation, was established in June 2000, and in the last 23 years has developed into one of Southern California’s premier full-service consulting municipal engineering firms. TKE provides services to municipal clients only and therefore will never have any conflicts of interest related to private development projects. TKE was established with the goal of providing turnkey services for municipal agencies in order to benefit our community. As a result of the focus of a firm on this mission, TKE has earned a reputation for thoroughness, rapid turnaround, cost efficiency and, overall quality of work. We are a highly motivated, dynamic firm with the goal of being your preferred consultant for all City services. From 2015 to 2020, TKE provided on-call plan checking services to the City of Palm Desert for several small and large tract developments, single family residential units and commercial retail centers within the City. The TKE Team desires to continue building upon our relationship with the City by demonstrating our capabilities and capacities to deliver your anticipated projects within budget and on schedule. Our history of providing services for the City’s land development projects has prepared us to implement an enhanced approach to maintaining continuity and communication with heightened standards for this contract. TKE provides turnkey municipal engineering for developer and capital improvement projects to numerous municipalities throughout Riverside, San Bernardino, Los Angeles, and Orange Counties. The municipal services provided by our firm include City Engineering Design, Plan and Map Checking, Traffic Engineering, Surveying, Project Management, Construction Management, and Construction Inspection services, as well as Quality Assurance/Quality Control. Our broad range of services provides our team with an intimate knowledge and experience of the common TKE Engineering, Inc. | AT A GLANCE City/District Engineer City Engineer in 5 Cities/Districts Traffic Engineering Traffic Engineer in 6 Cities/Districts. City/District Surveyor City/District Surveyor in 9 Cities/Districts. On-Call Plan Checking/ Inspection Contracts TKE currently provides Plan Checking and Inspection for more than 20 Cities/ Counties/Districts throughout Southern California Size of Organization 43 Professional Engineers, Traffic Engineers, Surveyors, Plan Checkers, Inspectors, Project/Construction Managers, and Support Staff Location of Office TKE Engineering, Inc. 73710 Fred Waring Drive, Suite 102 Palm Desert, CA 92260 Years in Business TKE has conducted business for the past 23 years and has 23 years of experience in providing municipal services for public clients only. Firm Owners Michael P. Thornton, P.E., P.L.S., M.S. – President Terry Renner, P.E., L.S., Q.S.D. – Senior Vice President Steven W. Ledbetter, P.E. Vice President City of Palm Desert Point of Contact Terry Renner, P.E., L.S., Q.S.D. Senior Vice President 2305 Chicago Avenue Riverside, CA 92507 Phone: (951) 680-0440 Email: trenner@tkeengineering.com Page 203 of 495 P a g e |4 Engineering Services and Land Development (2022-RFP-169) City of Palm Desert S ECTION B | E XPERIENCE AND T ECHNICAL C OMPETENCE pitfalls for each project variation and our team will ensure CIP and developer projects do not fall into the same situations. TKE’s headquarters is located in a business owned 7,000 square foot office building at 2305 Chicago Avenue in Riverside located approximately 50 minutes from the City. TKE also has an office in Palm Desert at 73710 Fred Waring Drive, Suite 102, allowing us to mobilize and respond to the City’s needs promptly. TKE currently maintains a staff of 43 city engineers, plan and map checkers, project managers, engineers, traffic engineers, surveyors, drafters, construction managers, inspectors, and clerical personnel. TKE’s Senior Vice President and proposed CIP Project Manager, Terry Renner, will notify the City if and when any person assigned to the City may need to change. TKE routinely assists cities with planning, design and implementation of their capital improvement and development services programs. The City’s CIP projects include PD Link, CV Link Hovley Connector, Haystack Channel repairs, Haystack Road traffic calming, Walk n Roll PD, street rehabilitation program for arterial highways, collectors, and residential streets; intersection and traffic signal improvements; miscellaneous sidewalk and concrete replacements for Americans with Disabilities Act (ADA) improvements; installation of BMPs and NPDES improvements; installation of traffic signals; construction of park improvements; installation of landscaping and irrigation improvements; bridge maintenance and repairs, and rehabilitation of City-owned facilities. TKE has provided numerous municipalities and agencies throughout Southern California with consulting engineering, development services review, design, surveying, plan checking, inspection, construction management and grant management services for every facet of Public Works. TKE proudly serves municipal agencies the following services on a routine basis: C I T Y E N G I N E E R I N G TKE’s Consulting City Engineering services include, but are not limited to: Δ Staff Engineering Assistance including Technical Assistance Δ Regulatory (local, state, and federal) Compliance Verification Δ City Interests Protection Δ Manage the Public and Private Developers related Engineering Functions Δ Attend, as Requested, Council, Commission, and Committee Meetings Δ Manage Other Contract Engineering Services Δ Maintain Accurate Engineering Records and Maps for Staff and Public Access Δ Prepare Engineering Reports, Studies, and Evaluations as needed Δ Perform Other Engineering Functions as Required Δ Manage Project Financing Δ Verify Compliance with City Engineering Ordinances, Specifications, and Requirements Δ Provide Engineering Investigation Services for Public Complaints and Conditions Δ Assist City Clerk with Engineering Records Management and Respond to Public Records Requests Δ Assist with Capital Improvement Program Development Δ Coordinate Public Meetings related to Engineering Matters Δ Prepare Requests for Proposals and Manage Consultant Selection Process Δ Verify National Pollution Discharge Elimination System (NPDES) and PM-10 Compliance Δ Provide Office Hours at the City for Counter Services (e.g. permitting) and Inter-Department Coordination D E V E L O P M E N T S E R V I C E S As discussed previously, TKE has extensive experience with Public side development services processing. TKE will provide: COMMON GOALS: The TKE Team will work collaboratively and strategically to support the City’s mission toward ensuring a viable financial plan for its residents is achieved with measurable results. Page 204 of 495 P a g e |5 Engineering Services and Land Development (2022-RFP-169) City of Palm Desert S ECTION B | E XPERIENCE AND T ECHNICAL C OMPETENCE Δ Project screen checks Δ Respond to development inquiries Δ Accept project submittals Δ Review submittals for completeness Δ Perform administrative reviews Δ Determine project impacts Δ Determine project impact fees Δ Develop project conditions of approval Δ Assist planning in preparation for Planning Commission consideration Δ Review environmental documents Δ Prepare Council agenda reports Δ Review plan and maps for regulatory compliance Δ Issue permits Δ Collect impact fees and plan check deposits Δ Review cost estimates for required bonding Δ Prepare development agreements Δ Oversee inspection of construction Δ Review grading certifications Δ Review as-built plans Δ Assist with other development related issues T R A F F I C E N G I N E E R I N G S E R V I C E S TKE proudly serves the following services related to traffic engineering projects: T R A N S P O R T A T I O N E N G I N E E R I N G Δ Planning Studies Δ Review Traffic Impact Studies Δ Grant Funding Applications Δ Signing and Striping Plan Review and Preparation Δ Development Review including Drainage Studies and WQMP Δ Prepare Project Conditions of Approval Δ Other Services as Requested Δ Traffic Control Plan Review and Preparation R O A D W A Y /HI G H W A Y E N G I N E E R I N G Δ Roundabout Design Δ Drainage Analysis and Hydrology Reports Δ Environmental Studies and Reports Δ Quantity and Cost Estimates Δ Roadway/Highway Engineering Plans and Specifications Δ Erosion Control and WQMP Plans Δ Right-of-Way Maps and Documents Δ Agreements Δ Land surveys Δ Public Outreach Δ Other Services as Requested T R A F F I C E N G I N E E R I N G Δ Traffic Engineering Design Δ Sign and Striping Plan Design Δ Traffic Control Δ Other Services as Requested Δ Warrant Analysis P L A N C H E C K I N G TKE has provided numerous municipalities and agencies throughout Southern California with consulting services and staffing for every facet of Public Works including the City for the past 23 years. In addition, we have worked on multi- million dollar regional mega projects for a variety of government agencies. TKE recognizes the importance of staffing based on a client’s need and workload. Our flexible support and qualified staff enables our clients to serve their community in a cost effective and efficient manner. TKE provides experienced, highly qualified staff with significant technical expertise and strong public relations skills for plan checking. TKE is fully capable of providing staff on a full-time, part-time, on-call or interim basis plan checker. Please refer to our project team presented below together with our corporate resumes to verify our team’s technical ability to deliver these services. TKE has provides similar services to those requested here for a number of different agencies. TKE understands that City’s development and capital improvement standards were developed to meet the needs of that particular community. TKE has developed a thorough understanding of these standards together with the needs of the community. For each project that TKE is assigned, TKE will verify compliance with City standards. Furthermore, with our extensive experience, TKE will be able to recommend improvements to these standards to Page 205 of 495 P a g e |6 Engineering Services and Land Development (2022-RFP-169) City of Palm Desert S ECTION B | E XPERIENCE AND T ECHNICAL C OMPETENCE ensure expedited project delivery and enhanced public infrastructure. G R A N T W R I T I N G / F U N D S M A N A G E M E N T TKE’s Grant Writing/Funds Management team enables our municipal and agency partners of any size to find potential funding sources and to prepare competitive funding applications. Additionally, after funds are awarded to a partner, TKE ensures compliance with state and federal funding requirements. In the past few years, TKE has obtained millions of dollars in funding for our public works projects and transportation improvements. Our grant writing services are enhanced by integration with engineering services to facilitate and integrate project design. This expedites project start up and completion and ensures compliance with funding requirements. TKE has assisted clients secure funding from the following programs: Δ SRTS and SR2S (Safe Routes to Schools) Δ Federal Transportation Funding thru Caltrans Local Assistance Δ State Proposition 1E and 84 Flood Management Funding Δ Community Development Block Grant (CDBG) Funding Δ Active Transportation Program (ATP) Funding Δ Highway Safety Improvements Program (HSIP) Funding Δ State Water Resources Control Board – State Revolving Fund Program Δ Department of Water Resources – Proposition 40 Grant Program Δ Department of Water Resources – Infrastructure Rehabilitation Grant P R O J E C T /PR O G R A M M A N A G E M E N T TKE has managed publicly funded design projects throughout our history. The breadth of experience and technical skill of our staff enable us to manage a wide variety of projects, ranging from major infrastructure to the restoration and rehabilitation of significant historical structures. We ensure that all work is completed in accordance with funding contract specifications, terms, conditions, state and federal laws and regulations, and client policy. Our management portfolio includes: Δ Pavement Rehabilitation Projects Δ Street Widening Projects Δ Traffic Signal and Striping Projects Δ Facilities Δ Utilities Δ Signing and Striping Δ Major Infrastructure Projects Δ Reconstruction and Rehabilitation C I V I L E N G I N E E R I N G TKE regularly provides design services on a wide variety of public works improvement projects. TKE’s Civil Engineering projects have included: Δ Pavement Rehabilitation Δ Pavement Management Systems Δ Local Streets and Road Design Δ Street Widening Δ Storm Drainage Infrastructure Planning and Design Δ Retention / Detention Basins Δ Parking Lots Δ Storm Drain and Channels Δ Floodplain Analysis and Mapping Δ Traffic Signal Design Δ Traffic Studies and Warrant Analysis Δ Traffic Impact Studies Δ Parks Δ Public Facilities Δ Grading Studies, Design and Earthwork Analysis Δ Capital Improvement Programs (CIPs) Δ Neighborhood Improvement Preservation Δ Hydrologic Studies / Hydraulic Design Δ Storm Water Pollution Prevention Plans (SWPPP) Δ Sediment and Erosion Control Facilities Δ Hydromodification Studies / Water Quality Management Plans (WQMPs) S U R V E Y I N G , M A P P I N G , A N D R I G H T -OF- W A Y E N G I N E E R I N G TKE provides Land Analysis services for many projects: Our Surveying and Mapping experts provide these services: Page 206 of 495 P a g e |7 Engineering Services and Land Development (2022-RFP-169) City of Palm Desert S ECTION B | E XPERIENCE AND T ECHNICAL C OMPETENCE Δ Transportation Improvements Δ Land and Real Estate Evaluations Δ Grade Separations Δ Street Widening Δ Construction Layout/Staking Δ Right-Of-Way Engineering Δ Boundary Surveys Δ Construction Surveys Δ Design Surveys Δ Legal Description Surveys Δ Aerial Mapping Δ A.L.T.A. Surveys Δ Topographic Surveys Δ Control Surveys Δ Easement Surveys I N S P E C T I O N TKE provides experienced, highly qualified staff with significant technical expertise and strong public relations skills for inspection services. All of TKE’s inspectors have a background within design and construction, enabling TKE to provide well rounded inspectors capable of understanding the requirements to construct a project and who are capable of identifying potential change orders and design deficiencies before they occur. TKE is fully capable of providing staff on a full-time, part-time, on-call or interim project basis. Please refer to our project team, together with our corporate resumes to verify our team’s technical ability to deliver these services. TKE has provided similar services to those requested here for a number of different agencies. TKE understands that each jurisdiction has its own development and capital improvement standards that were developed to meet the needs of that particular community. TKE has a thorough understanding of these standards together with the needs of the community needs. For each project that TKE is assigned, TKE will verify compliance with all applicable standards. Furthermore, with our extensive experience in other jurisdictions, TKE will be able to recommend improvements to these standards to ensure expedited project delivery and enhanced public infrastructure. Our inspection portfolio includes: Δ Daily review and documentation of construction activities (daily reports and digital photo of significant issues and milestones) Δ Monitor Contractor’s daily labor force for compliance with state & federal labor laws. Δ Field verification of traffic control procedures and consistency with approved Traffic Control Plan Δ Coordinate with agencies and different stakeholders to ensure smooth progress of construction activities Δ Monitor project schedule Δ Verify quantities and assuring quality control Δ Field observations of construction activities Δ Maintain complete and accurate project records compliant with Caltrans manual Δ Review and recommend approval/disapproval of monthly progress pay estimates Δ Verify NPDES and SWPPP compliance Δ Prepare weekly statement of working days Δ Review RFI’s, change orders and progress payments Δ Coordinate punch list and as-built plans Δ Ensure that materials and completed work comply with plans specifications and design criteria Δ Implement security procedures Δ Issue notices for safety concerns and violations Δ Coordinate with survey, material testing and other construction consultants Δ Review and ensure compliance with control documents, submittals, RFI’s, change orders, and work change directives Δ Compliance with Caltrans encroachment permit requirements, if required Δ Preparation of punch list Δ Coordinate project closeouts activities which include staff report, Notice of Completion, release of retention, warranty walk, and archiving documents. C O N S T R U C T I O N M A N A G E M E N T TKE has managed publicly funded construction projects throughout our history. The breadth of experience and technical skill of our staff enable us to manage a wide variety of projects, ranging from Page 207 of 495 P a g e |8 Engineering Services and Land Development (2022-RFP-169) City of Palm Desert S ECTION B | E XPERIENCE AND T ECHNICAL C OMPETENCE major infrastructure to the restoration and rehabilitation of significant historical structures. TKE has routinely performed administration of the contract (general contract administration and oversight of project), provided Resident Engineering services pursuant to Caltrans/Federal requirements, constructability reviews on project documents, managed preconstruction and weekly progress meetings, coordinated with contractors, including multiple contractors simultaneously, coordinated with design engineers for design changes and corrections, coordinated with the project inspector, reviewed and responded to RFI’s, reviewed weekly statement of working days, reviewed quantities for monthly progress payments, reviewed extra work tickets and assessed them for justification within the contract requirements, process control documents, submittals, change orders, and work change directives, prepared and performed contract change orders and negotiations, coordinated with residents and businesses throughout construction process, performed public outreach, represented City’s with other agencies at numerous meetings, represented engineering with the City’s council an d other public meetings, managed engineering budgets and project schedules, documented environmental compliance, prepared and acquired right-of-way, coordinated utility relocations, acquired and managed permits from numerous agencies, including Caltrans, South Coast AQMD, BNSF, UP, Riverside County Flood Control & Water Conservation District, U.S Army Corps of Engineers, California Department of Fish and Wildlife, Regional Water Quality Control Board and many others, managed numerous funding programs through Caltrans Local Assistance and various other State and Federal funding agencies. TKE has extensive experience with providing construction management services on all types of public works projects. We are extremely familiar with the Greenbook, requirements of plans and specifications, and California public contract code in relation to construction projects and various related work. We ensure that all work is completed in accordance with funding contract specifications, terms, conditions, state and federal laws and regulations, and client policy. Our construction management portfolio includes: Δ Street Widening Projects Δ Sidewalk Repair and ADA Compliance Projects Δ Conventional and Rubberized Pavement Rehabilitation Projects Δ Conventional and Rubberized Pavement Coating Project Δ PCC Paving Projects Δ Traffic Signal and Striping Projects Δ Signing and Striping Δ Bus Transfer Stations Δ Parking Lot Projects Δ Parks and Other Public Facilities Δ Grading and Retaining Walls Δ Storm Drains and Channels Δ Retention and Detention Basins Δ Site Improvement Projects Δ Major Infrastructure Projects Δ Reconstruction and Rehabilitation TKE’s construction management services are enhanced by integration with our knowledge and background of civil engineering, traffic engineering and surveying to facilitate and ensure all construction projects managed by TKE will operate safely and efficiently. C O M M U N I T Y O U T R E A C H / P U B L I C R E L A T I O N S Depending on the City’s needs, TKE’s strategies are designed to reach, inform and involve constituents and stakeholders of planning proposals, projects and programs. If requested, we can provide opportunities for interested parties to comments, enabling actionable analysis of feedback received. TKE’s outreach methods result in building greater consensus and public buy- in. Services include the design, planning and execution of: Δ Marketing campaigns Δ Public information meetings/Groundbreaking ceremonies Δ Project branding Δ Project website design and construction Δ Bilingual project collateral materials (brochures, presentation boards, etc.) Δ Graphic design Page 208 of 495 P a g e |9 Engineering Services and Land Development (2022-RFP-169) City of Palm Desert S ECTION B | E XPERIENCE AND T ECHNICAL C OMPETENCE G O A L A C C O M P L I S H M E N T The TKE Team is eager and prepared for an opportunity to support the City of Palm Desert in accomplishing its goals developed for their CIP, New Strategic Plan and General Plan and to establish the framework for making informed decisions regarding the community’s future success. Our team specializes in developing processes and procedures based on professional expertise and lessons learned, which we implement on all of our projects to ensure successfu l delivery on schedule and within budget. City of Palm Desert | General Plan For all projects, either development or capital improvement, the most important aspect of management will be to ensure that the City’s interest is protected to the maximum extent possible. TKE will ensure that public funds and impact fees are used for the benefit of the community. For development projects, project requirements , impact mitigation, protecting City interests, project schedule compliance and budget tracking will be important. Project requirements will be assessed and presented to the City’s management staff. Upon receipt of direction from City administration, TKE will be responsible to verify that development is completed in compliance with those project requirements. TKE’s effective project management techniques will ensure that compliance will occur. For developers, time is money. For the City, development assists the City’s economic engine. Therefore, maintaining the project schedule will be an important task. Further, maintaining excellent communication will prevent any project processing misunderstandings leading to project delays. TKE management techniques will result in efficient project delivery. The following pages contain relevant project examples showing where TKE has provided On-Call and project specific services incorporating a combination of services available from the full spectrum scope of services we offer, including: Δ City Engineer Services Δ Traffic Engineering Services Δ Plan/Map Checking Services Δ Construction Inspections and/or Special Inspections Δ Public Works Municipal Engineering Page 209 of 495 P a g e |10 Engineering Services and Land Development (2022-RFP-169) City of Palm Desert S ECTION B | E XPERIENCE AND T ECHNICAL C OMPETENCE 2. R E F E R E N C E S C I T Y E N G I N E E R CALIMESA CITY ENGINEERING SERVICES City of Calimesa, CA 3. Client Contact: Mr. Will Kolbow | City Manager Phone Number: (909) 795-9801 Email: wkolbow@cityofcalimesa.net Project Cost: $150 Million+ to date Completion Date: 2013-Present DESCRIPTION TKE provides on-call civil engineering services to the City, including City Engineer. TKE managed more than $150 million in public improvements. While providing these services to the City, TKE represented the City with other agencies at numerous meetings, represented engineering with the City’s council and other public meetings, managed engineering budgets and project schedules, retained other consultants to prepare improvement design projects, managed funding programs, and various related work. In addition, TKE managed major infrastructure development projects. SERVICES Services included council report preparation, design, review and preparation of hydrology and hydraulic studies, project planning, review traffic impact studies, prepare grant funding applications, report preparation, surveying, project scoping, environmental compliance services, utility coordination, right-of-way acquisition documents, provided project management, performed construction management, inspection and negotiation with property owners. KEY STAFF Michael P. Thornton, P.E., L.S., Terry Renner, P.E., L.S., Q.S.D., Ron Musser, L.S., Justin Schlaefli, P.E., T.E., P.T.O.E., Brian Wolfe, P.E., Steve Nix, P.E., P.L.S., Steven Ledbetter, P.E., Octavio Parada HESPERIA CITY ENGINEERING SERVICES City of Hesperia, CA 1. Client Contact: Mr. Nils Bentsen| City Manager Phone Number: (760) 947-1025 Email: nbentsen@cityofhesperia.us Project Cost: $100 Million+ to date Completion Date: 2016-Present DESCRIPTION TKE provides on-call civil engineering services to the City, including City Engineer. TKE managed more than $100 million in public improvements. While providing these services to the City, TKE represented the City with other agencies at numerous meetings, represented engineering with the City’s council and other public meetings, managed engineering budgets and project schedules, retained other consultants to prepare improvement design projects, managed funding programs, and various related work. In addition, TKE managed major infrastructure development projects SERVICES Services included council report preparation, design, review and preparation of hydrology and hydraulic studies, project planning, review traffic impact studies, prepare grant funding applications, report preparation, surveying, project scoping, environmental compliance services, utility coordination, right-of-way acquisition documents, provided project management, performed construction management, inspection and negotiation with property owners. KEY STAFF Michael P. Thornton, P.E., L.S., Terry Renner, P.E., L.S., Q.S.D., Justin Schlaefli, P.E., T.E., P.T.O.E., Ron Musser, L.S., Brian Wolfe, P.E., Steve Nix, P.E., P.L.S., Steven Ledbetter, P.E., Octavio Parada RELEVANCE TO PALM DESERT • City Engineer Services • Land Development Services • Grant Funding Preparation & M anagement • CIP Development & Management Services • Permit Assistance RELEVANCE TO PALM DESERT • City Engineer Services • Land Development Services • Grant Funding Preparation & M anagement • CIP Development & Management Services • Permit Assistance Page 210 of 495 P a g e |11 Engineering Services and Land Development (2022-RFP-169) City of Palm Desert S ECTION B | E XPERIENCE AND T ECHNICAL C OMPETENCE C I T Y E N G I N E E R (C O N T .) NEEDLES CITY ENGINEERING SERVICES City of Needles, CA 1. Client Contact: Mr. Patrick Martinez | Assistant City Manager Phone Number: (760) 326-2115 ext. 126 Email: pmartinez@cityofneedles.com Project Cost: $40 Million+ to date Completion Date: 2021-Present DESCRIPTION TKE provides on-call civil engineering services to the City, including City Engineer. TKE managed more than $40 million in public improvements. While providing these services to the City, TKE represented the City with other agencies at numerous meetings, represented engineering with the City’s council and other public meetings, managed engineering budgets and proj ect schedules, retained other consultants to prepare improvement design projects, managed funding programs, and various related work. In addition, TKE managed major infrastructu re development projects, including: street improvements, water and sewer pipeline and facility improvements, and parks. SERVICES Services included design, review and preparation of hydrology and hydraulic studies, project planning, review traffic impact studies, prepare grant funding applications, report preparation, surveying, project scoping, environmental compliance services, utility coordi nation, right-of- way acquisition documents, provided project management, design and engineering, performed construction management, inspection and negotiation with property owners. KEY STAFF Michael P. Thornton, P.E., L.S., Terry Renner, P.E., L.S., Q.S.D., Ron Musser, L.S., Steven Ledbetter, P.E., Brian Wolfe, P.E., Justin Schlaefli, P.E., T.E., P.T.O.E., Steve Nix, P.E., P.L.S., Octavio Parada RELEVANCE TO PALM DESERT • City Engineer Services • Land Development Services • Grant Funding Preparation & M anagement • CIP Development & Management Services • Permit Assistance Page 211 of 495 P a g e |12 Engineering Services and Land Development (2022-RFP-169) City of Palm Desert S ECTION B | E XPERIENCE AND T ECHNICAL C OMPETENCE T R A F F I C E N G I N E E R CALIMESA TRAFFIC ENGINEERING SERVICES City of Calimesa, CA 4. Client Contact: Mr. Will Kolbow | City Manager Phone Number: (909) 795-9801 Email: wkolbow@cityofcalimesa.net Project Cost: N/A Completion Date: 2013-Present DESCRIPTION TKE provides on-call traffic engineering services to the City for developer and capital improvement project coordination, planning and implementation. While providing these services to the City, TKE represented the City with other agencies at numerous meetings, represented engineering with the City’s council and other public meetings, managed engineering budgets and project schedules, retained other consultants to prepare improvement design projects, managed funding programs, and various related work. In addition, TKE managed major infrastructure development projects. SERVICES Services included traffic signal design, signing and striping design, traffic control plan preparation, preparation of comple te bid documents, plan check of traffic signal plans, signing and striping plans, and traffic control plans, land develop ment review of site plans and access management, review and comment of traffic impact analyses, traffic engineering project coordination with capital improvement projects, review of citizen requests for traffic control to include traffic count analysis and collision data, recommendation of traffic control devices, prepare speed zone surveys and certification process, school zone analysis and preparation of school zone signing and striping plans. KEY STAFF Justin Schlaefli, P.E., T.E., P.T.O.E., Michael P. Thornton, P.E., Terry Renner, P.E., L.S., Q.S.D., Monae Pugh WILDOMAR TRAFFIC ENGINEERING SERVICES City of Wildomar, CA 2. Client Contact: Mr. Dan York| Assistant City Manager Phone Number: (951) 677-7751 ext. 216 Email: dyork@cityofwildomar.org Project Cost: N/A Completion Date: 2014-Present DESCRIPTION TKE provides on-call traffic engineering services to the City for developer and capital improvement project coordination, planning and implementation. TKE routinely performs City functions related to traffic, traffic signals, timing, warrant analysis, striping, signing, geometric analysis, traffic control and other traffic engineering related services. While providing these services to the City, TKE has represented the City with other agencies at numerous meetings, represented engineering with the City’s council and other public meetings, managed engineering budgets and project schedules, retained other consultants to prepare improvement design projects, managed funding programs, a nd various related work. In addition, TKE managed major infrastructure development projects. SERVICES Services included traffic signal design, signing and striping design, traffic control plan preparation, preparation of comple te bid documents, plan check of traffic signal plans, signing and striping plans, and traffic control plans, land development review of site plans and access management, review and comment of traffic impact analyses, traffic engineering project coordination with capital improvement projects, review of citizen requests for traffic control to include traffic count analysis and collision data, recommendation of traffic control devices, prepare speed zone surveys and certification process, school zone analysis and preparation of school zone signing and striping plans KEY STAFF Justin Schlaefli, P.E., T.E., P.T.O.E., Michael P. Thornton, P.E., L.S., Terry Renner, P.E., L.S., Q.S.D., Monae Pugh RELEVANCE TO PALM DESERT • Traffic Engineering Services for Developer and CIP Projects • Traffic Engineering Design • Traffic Control Device Review and Design • Citizen Request Analys is RELEVANCE TO PALM DESERT • Traffic Engineering Services for Developer and CIP Projects • Traffic Engineering Design • Traffic Control Device Review and Design • Citizen Request Analys is Page 212 of 495 P a g e |13 Engineering Services and Land Development (2022-RFP-169) City of Palm Desert S ECTION B | E XPERIENCE AND T ECHNICAL C OMPETENCE T R A F F I C E N G I N E E R (C O N T .) RIALTO TRAFFIC ENGINEERING SERVICES City of Rialto, CA 1. Client Contact: Mr. Tim Sullivan | Director of Maintenance and Operations Phone Number: (909) 421-7229 Email: tsullivan@rialtoca.gov Project Cost: N/A Completion Date: 2019-Present DESCRIPTION TKE provides on-call traffic engineering services to the City for developer and capital improvement project coordination, planning and implementation. TKE routinely performs City functions related to traffic, traffic signals, timing, warrant analysis, striping, signing, geometric analysis, traffic control and other traffic engineering related services. While providing these services to the City, TKE has represented the City with other agencies at numerous meetings, represented engineering with the City’s council and other public meetings, managed engine ering budgets and project schedules, retained other consultants to prepare improvement design projects, managed funding programs, a nd various related work. In addition, TKE managed major infrastructure development projects. SERVICES Services included traffic signal design, signing and striping design, traffic control plan preparation, preparation of comple te bid documents, plan check of traffic signal plans, signing and striping plans, and traffic control plans, land development review of site pl ans and access management, review and comment of traffic impact analyses, traffic engineering project coordination with capital improvement projects, review of citizen requests for traffic control to include traffic count analysis and collision data, recommendation of traffi c control devices, prepare speed zone surveys and certification process, school zone analysis and preparation of school zone signing and striping plans KEY STAFF Justin P. Schlaefli, P.E., T.E., P.T.O.E., Terry Renner, P.E., L.S., Q.S.D., Michael P. Thornton, P.E., Monae Pugh RELEVANCE TO PALM DESERT • Traffic Engineering Services for Developer and CIP Projects • Traffic Engineering Design • Traffic Control Device Review and Design • Citizen Request Analys is • Page 213 of 495 P a g e |14 Engineering Services and Land Development (2022-RFP-169) City of Palm Desert S ECTION B | E XPERIENCE AND T ECHNICAL C OMPETENCE P L A N /MAP C H E C K I N G CALIMESA ON-CALL PLAN CHECKING SERVICES City of Calimesa Client Contact: Mr. Will Kolbow | City Manager Phone Number: (909) 795-9801 Email: wkolbow@cityofcalimesa.net Project Cost: N/A Completion Date: 2013 - Present DESCRIPTION TKE provides on-call plan and map checking services to the City of Calimesa. TKE is providing plan checking services for several small and l arge tract developments, single family residential units and commercial retail centers within the City. SERVICES Services included development project screen checks, response to development community inquiries, accept submittals on behalf of agencies, determine project impacts, develop conditions of approval, present projects to planning commissions, prepare council agenda reports, perform plan and map checking for grading, street, storm drain, hydrology, hydraulics, landscaping, street lighting, traffic signal, SWPPP, erosion control, and WQMP plans as well as many other municipal development related services. KEY S TAFF Michael P. Thornton, P.E., L.S., Terry Renner, P.E., L.S., Q.S.D., Ron Musser, L.S., Michelle Arellano, P.E., Justin Schlaefli, P.E., T.E., P.T.O.E., Steve Nix, P.E., L.S., Monae Pugh, Brian Wolfe, P.E. HIGHLAND ON-CALL PLAN CHECKING SERVICES City of Highland, CA Client Contact: Mr. Carlos Zamano | Director of Public Works/City Engineer Phone Number: (909) 864-6861 Email: czamano@cityofhighland.org Project Cost: N/A Completion Date: 2013 - Present DESCRIPTION TKE provides on-call plan and map checking, civil engineering and inspection services to the City of Highland for Capital Improvement project coordination, planning and implementation. TKE is assisting the City Engineer with more than $7 million in Capital Improveme nts Projects for the current fiscal year. TKE simultaneously prepared numerous grant applications, performed plan checking on CIP, represented the City with other agencies at various meetings, represented Engineering with the City’s council and other public meetings, managed engine ering budgets and project schedules, prepared and acquired right-of-way, managed funding programs, provided construction management and inspection services, as well as public relations and various related work. SERVICES Services included development project screen checks, response to development community inquiries, accept submittals on behalf of agencies, determine project impacts, develop conditions of approval, present projects to planning commissions, prepare council agenda reports, perform plan and map checking for grading, street, storm drain, hydrology, hydraulics, landscaping, street lighting, traffic signal, SWPPP, erosion control, and WQMP plans as well as many other municipal development related services. KEY STAFF Terry Renner, P.E., L.S., Q.S.D., Michael P. Thornton, P.E., L.S., Ron Musser, L.S., Justin Schlaefli, P.E., T.E., P.T.O.E., Steve Nix, P.E., L.S., Michelle Arellano, P.E., Monae Pugh, Brian Wolfe, P.E. RELEVANCE TO PALM DESERT • On-Call Development and CIP Plan Checking Contract • Condi tions of Approval Development RELEVANCE TO PALM DESERT • On-Call Development and CIP Plan Checking Contract • Condi tions of Approval Development Page 214 of 495 P a g e |15 Engineering Services and Land Development (2022-RFP-169) City of Palm Desert S ECTION B | E XPERIENCE AND T ECHNICAL C OMPETENCE P L A N /MAP C H E C K I N G (C O N T .) HESPERIA ON-CALL PLAN CHECKING SERVICES City of Hesperia Client Contact: Mr. Nils Bentsen | City Manager Phone Number: (760) 947-1025 Email: nbentsen@cityofhesperia.us Project Cost: N/A Completion Date: 2016-Present DESCRIPTION TKE provides on-call plan and map checking services to the City. TKE is providing plan checking services for several small and large tract developments, single family residential units and commercial retail centers within the City. In addition, TKE is performing plan check on several capital improvement projects within the City. SERVICES Services included development project screen checks, response to development community inquiries, accept submittals on behalf of agencies, determine project impacts, develop conditions of approval, present projects to planning commissions, prepare council agenda reports, perform plan and map checking for grading, street, storm drain, hydrology, hydraulics, landscaping, street lighting, traffic signal, SWPPP, erosion control, and WQMP plans as well as many other municipal development related services. KEY STAFF Michael P. Thornton, P.E., L.S., Terry Renner, P.E., L.S., Q.S.D., Ron Musser, L.S., Michelle Arellano, P.E., Steve Nix, P.E., L.S., Justin Schlaefli, P.E., T.E., P.T.O.E., Monae Pugh, Brian Wolfe, P.E. RELEVANCE TO PALM DESERT • On-Call Development and CIP Plan Checking Contract • Condi tions of Approval Development Page 215 of 495 P a g e |16 Engineering Services and Land Development (2022-RFP-169) City of Palm Desert S ECTION B | E XPERIENCE AND T ECHNICAL C OMPETENCE I N S P E C T I O N HIGHLAND ON-CALL INSPECTION SERVICES City of Highland, CA 5. Client Contact: Mr. Carlos Zamano | Director of Public Works/City Engineer Phone Number: (909) 864-6861 Email: czamano@cityofhighland.org Project Cost: N/A Completion Date: 2017-Present DESCRIPTION TKE provides on-call inspection services to the City for development, permits and capital improvement projects. TKE is providing inspection services for multiple capital improvement projects, several small and large tract developments, single family residential units and commercial retail centers within the City as well as utility encroachment permit operations. SERVICES Services included project management, utility coordination, professional services coordination, daily inspection and documentation, photo log preparation, punch list preparation, project close out and record drawings. KEY STAFF Michael P. Thornton, P.E., L.S., Terry Renner, P.E., Q.S.D., Brad Enscoe, Patrick Palafox, Stephen Biscotti, Jeff Lantosh, CPII, Nelson Blackwell, CPII CALIMESA ON-CALL INSPECTION SERVICES City of Calimesa, CA 3. Client Contact: Mr. Will Kolbow | City Manager Phone Number: (909) 795-9801 Email: wkolbow@cityofcalimesa.net Project Cost: N/A Completion Date: 2013-Present DESCRIPTION TKE provides on-call inspection services to the City for development and capital improvement projects. TKE is providing inspection services for multiple capital improvement projects, several small and large tract developments, single family residential units and commercial retail centers within the City as well as utility encroachment permit operations. SERVICES Services included project management, utility coordination, professional services coordination, daily inspection and documentation, photo log preparation, punch list preparation, project close out and record drawings. KEY STAFF Michael P. Thornton, P.E., L.S., Terry Renner, P.E., Q.S.D., Brad Enscoe, Patrick Palafox, Stephen Biscotti, Jeff Lantosh, CPII, Brian McDuffie RELEVANCE TO PALM DESERT • On-Call Inspection Services • Utility Coordination • Land Development Inspection • CIP Inspection RELEVANCE TO PALM DESERT • On-Call Inspection Services • Utility Coordination • Land Development Inspection • CIP Inspection • Page 216 of 495 P a g e |17 Engineering Services and Land Development (2022-RFP-169) City of Palm Desert S ECTION B | E XPERIENCE AND T ECHNICAL C OMPETENCE I N S P E C T I O N (C O N T .) HESPERIA ON-CALL INSPECTION SERVICES City of Hesperia, CA 1. Client Contact: Mr. Nils Bentsen | City Manager Phone Number: (760) 947-1025 Email: nbentsen@cityofhesperia.us Project Cost: N/A Completion Date: 2016-Present DESCRIPTION TKE provides on-call inspection services to the City for development, permits and capital improvement projects. TKE is providing inspection services for multiple capital improvement projects, several small and large tract developments, single family residential units and commercial retail centers within the City as well as utility encroachment permit operations. SERVICES Services included project management, utility coordination, professional services coordination, daily inspection and documentation, photo log preparation, punch list preparation, project close out and record drawings. KEY STA FF Michael P. Thornton, P.E., L.S., Terry Renner, P.E., Q.S.D., Brad Enscoe, Stephen Biscotti, Nelson Blackwell, CPII, Tyler Ault, Patrick Palafox, Jeff Lantosh, CPII RELEVANCE TO PALM DESERT • On-Call Inspection Services • Utility Coordination • Land Development Inspection • CIP Inspection • Page 217 of 495 P a g e |18 Engineering Services and Land Development (2022-RFP-169) City of Palm Desert S ECTION B | E XPERIENCE AND T ECHNICAL C OMPETENCE P U B L I C W O R K S M U N I C I P A L E N G I N E E R I N G CV SYNC – PHASE I & II Coachella Valley Association of Governments (CVAG), Coachella Valley, CA Client Contact: Eric Cowle | Program Manager Phone Number: (760)346-1127 Email: ecowle@cvag.org Project Cost: $109M Completion Date: Current DESCRIPTION This project located in the Coachella Valley consists of upgrading the local agencies existing legacy (outdated) traffic signal controllers, traffic management systems, and communication systems with the latest off-the-shelf technologies in order to provide inter-agency traffic signal synchronization along three regional roadways including Highway 111, Ramon Road and Washington Street. The project improvements include advanced traffic management systems (ATMS), advanced transportation controllers (ATC), selected Intelligent Transport ation System (ITS) elements, ITS sub-systems, and Ethernet/IP-based communications that will be expandable and scalable for future integration of ITS technologies and strategies, such as Integrated Corridor Management (ICM), Smart Cities, and Connected and Autonomous Vehicles. This project includes a Regional Traffic Management Center (RTMC) and local Traffic Operation Centers (TOC) that will have the capability to monitor, control of connected traffic signals, and be used as a monitoring tool for research and analysis to help determine regional system enhancements, operations, and maintenance. SERVICES Services included bid administration and pre-construction assistance, grant funding administration, construction management, inspection, and project closeout services KEY STAFF Terry Renner, P.E., L.S., Q.S.D, Justin Schlaefli, P.E., T.E., P.T.O.E., Stephen Biscotti, Michael Counce COUNTY LINE ROAD TRANSPORTATION CORRIDOR (LPP) City of Calimesa, CA Client Contact: Will Kolbow | City Manager Phone Number: (909) 795-9801 Email: wkolbow@cityofcalimesa.com Project Cost: $10.1 Million ($3.7 Million Grant) Completion Date: Current DESCRIPTION TKE prepared and obtained a grant for the City of Calimesa through the Road Repair and Accountability Act of 2017 (SB1) Local Partnership Program (LPP). TKE is preparing street widening and roundabout improvements for the construction of the County Line Road Tra nsportation Corridor. The Project includes four (4) single-lane and one (1) multi-lane roundabouts, together with street, pedestrian, and bicycle improvements, to improve safety and efficiency throughout the corridor. The innovative approach to implement roundabout inte rsection throughout the corridor provides adequate capacity and level of service to remain a two-lane street; thus, significantly reducing right-of-way and construction costs to construct a four-lane corridor. SERVICES Services include grant coordination and management, design, topographic survey, right-of-way engineering, environmental assistance, roadway safety analysis, preparation of exhibits, cost estimates, coordination with California Transportation Commission, constructio n management, inspection, and construction staking. KEY STAFF Michael P. Thornton, P.E., L.S., Terry Renner, P.E., L.S., Q.S.D., Steven Ledbetter, P.E., Octavio Parada, Ron Musser, L.S., Monae Pugh, Justin Schlaefli, P.E., T.E., P.T.O.E. Jeff Lantosh, CPII, Brian McDuffie RELEVANCE TO PALM DESERT • Public Works C onstruction M anagem ent Inspection Project • Traffic Signal, Synchronization and Special Inspections • Electrical Inspections • State and Federal Grant Management RELEVANCE TO PALM DESERT • LPP State Grant Management • Roundabouts Design • Right -of-Way Acquisition • Extensive Utility Relocations • Major Arterial Reconstruction • Various Pavement Strategies • Extensive Utility Coordination and Permitting • Community Outreach Efforts Page 218 of 495 P a g e |19 Engineering Services and Land Development (2022-RFP-169) City of Palm Desert S ECTION B | E XPERIENCE AND T ECHNICAL C OMPETENCE P U B L I C W O R K S M U N I C I P A L E N G I N E E R I N G (C O N T .) CALIMESA CREEK BASIN AND STORM DRAIN City of Calimesa, CA Client Contact: Will Kolbow | City Manager Phone Number: (909) 795-9801 Email: wkolbow@cityofcalimesa.com Project Cost: $9.8M Completion Date: Current DESCRIPTION The Calimesa Creek Storm Drain Improvements Project is located in the Cities of Calimesa and Yucaipa south of County Line Road between the Interstate 10 Freeway and 5th Street. The project includes the design of 2,000 linear feet of 96” storm drain pipe and open channel improvements and includes design of a 53 Acre-Foot detention basin for flood control and hydro-modification purposes, providing 100-Year flood conveyance storm drain protection and low flow diversion to the existing Calimesa Creek. Design will also include walking trails and maintenance roads alongside of the improved channel alignment. SERVICES Services include pre-project planning, development, preliminary engineering, hydrology and hydraulics, design, project grant writing, environmental compliance, state and federal funding coordination, utility relocation coordination, right-of-way acquisition and permitting. KEY STAFF Michael P. Thornton, P.E., L.S., Terry Renner, P.E., L.S., Q.S.D., Ron Musser, L.S., Steven Ledbetter, P.E., Octavio Parada CHERRY VALLEY INTERCHANGE City of Calimesa, CA Client Contact: Will Kolbow | City Manager Phone Number: (909) 795-9801 Email: wkolbow@cityofcalimesa.com Project Cost: $20M+ Completion Date: Current DESCRIPTION TKE provides project management services for the City for the Cherry Valley Interchange including review and oversight of the Project Study Report (PSR or Project Initiation Document – PID) prepared by the County of Riverside and the consulting engineering firm, coordination with all stake holders including adjacent private developments, preparation/review of cooperation and funding agreements between s take holders. The PSR provides new interchange alternatives and preliminary geometric layouts that includes the City’s preferred interchange alternative and other viable interchange alternatives along with initial traffic data, storm water data, and environmental data. Construction of a new interchange is vital to the City to increase capacity and functionality for the Cherry Valley Boulevard on/off-ramps to support the current/future traffic demand. The project is moving into the Project Approval and Environmental Document phase and is expected to begin construction in 2022. SERVICES Services included council report preparation, design review, project planning, review traffic impact studies, preparation of grant funding applications, report preparation, project scoping, right-of-way, and project management. KEY STAFF Michael P. Thornton, P.E., L.S., Terry Renner, P.E., L.S., Q.S.D., Steven Ledbetter, P.E., Monae Pugh, Justin Schlaefli, P.E., T.E., P.T.O.E. RELEVANCE TO PALM DESERT • Major Drainage Infrastructure • Regional Flood Control Basin • Connection to County Flood Control Facility • Extensive Utility Coordination and Permitting • Hydraulics/Hydrology Modeling RELEVANCE TO PALM DESERT • Project Management • Caltrans Experience • Project Planning • Right -of-Way Engineering Page 219 of 495 P a g e |20 Engineering Services and Land Development (2022-RFP-169) City of Palm Desert S ECTION B | E XPERIENCE AND T ECHNICAL C OMPETENCE P U B L I C W O R K S M U N I C I P A L E N G I N E E R I N G (C O N T .) SIERRA AVENUE WIDENING PROJECT City of Fontana, CA Client Contact: Phillip Burum | Deputy City Manager Phone Number: (909) 350-6727 Email: pburum@fontana.org Project Cost: $11.3M Completion Date: Current DESCRIPTION The Sierra Avenue widening improvements project is located in the City of Fontana north of Interstate 10 Freeway between Foothill Boulevard and Baseline Road. The project is approximately 1 mile of widening for the City’s primary north-south arterial street widening the roadway from 4 lanes to 6 lanes. The project includes street widening, raised landscape median, new sewer main installation, traffic signal installation and modifications, traffic signal interconnect and fiber optic cable installation, and extensive utility coordination for water main replacement, Rule 20A and Rule 20B undergrounding work. The project also includes right-of-way acquisition for 76 parcels, traffic analysis, review of construction plans, coordination with project design consultants, construction management and construction staking services. TKE represents the City with other agencies, represented engineering with the City’s management personnel and other meetings, managed engineering budgets and project schedules. SERVICES Services include design, topographic survey, right-of-way engineering and acquisition, roadway safety analysis, preparation of exhibits, cost estimates, utility coordination, construction management, and construction staking. KEY STAFF Michael P. Thornton, P.E., L.S., Terry Renner, P.E., L.S., Q.S.D., Ron Musser, L.S., Monae Pugh ATP CYCLE 3 SAFE ROUTE TO SCHOOL PEDESTRIAN IMPROVEMENTS PROJECT City of Fontana, CA Client Contact: Jeffrey Kim, P.E. | Engineering Manager Phone Number: (909) 350-6724 Project Cost: $1.9M Email: JKim@fontana.org Completion Date: March 2023 DESCRIPTION TKE provided design engineering services for the Safe Routes to Schools project funded through ATP Cycle 2 for the City of Fo ntana for Fontana Ave and Arrow Boulevard. This project consisted of the preparation of full Construction documents including plans, technical specifications, construction cost estimates (PS&E) and construction support services for the 5,900 linear foot ADA and pedestrian enhancement project. The project included the construction of curb, gutter, sidewalk, curb ramp, bike lane improvements, utility relocations, storm dr ain modifications, private improvement restoration and signing and striping. TKE successfully coordinated with Caltrans for completion of the PES, right-of-way certifications and obtaining the RFA for construction. SERVICES Services included design, surveying, grant management, PES preparation, environmental compliance services, utility coordinati on, right-of-way engineering, and construction assistance. KEY STAFF Terry Renner, P.E., L.S., Q.S.D., Michael P. Thornton, P.E., L.S., Octavio Parada, Monae Pugh, Ron Musser, L.S. RELEVANCE TO PALM DESERT • Project/Construction Management • Major Arterial Roadway Widening • Traffic Signal Modification/Design • Right-of-Way Acquisition • Various Pavement Strategies • Extensive Utility Coordination and Relocations • Community Outreach Efforts RELEVANCE TO PALM DESERT • Street/Pedestrian Design • Grant Funding Coordination • Utility Relocation/Coordination • Design Topographic Surveying • Right-of-Way Engineering (19 Parcel Acquisitions) Page 220 of 495 P a g e |21 Engineering Services and Land Development (2022-RFP-169) City of Palm Desert S ECTION C | F IRM S TAFF AND K EY P ERSONNEL SECTION C | FIRM STAFF AND KEY PERSONNEL 1. S T A F F I N G TKE’s key staff assigned to perform the services required are identified and discussed in detail within the following section. As discussed previously, TKE currently maintains a staff of 43 personnel who are highly qualified to assist w ith any of the required services for this contract. TKE has two unique advantages associated with the experience of TKE’s project team. One benefit of TKE’s project team is our extremely low internal turnover rate. As a result of our rigorous interview and testing procedures, coupled with our extremely high employee satisfaction rates, TKE staff has years of experience working together. The close relationships each of our staff members have with one another provide the City with an extremely well rounded and experienced team. As such, TKE’s project team experience directly correlates with TKE’s firm experience described previously. The second benefit of TKE’s project team is our internal training procedures. TKE has strived to develop techniques that reach outside the box and develop well rounded individuals committed to providing high quality, efficient services to meet all of our clients’ needs. TKE trains our staff on every facet of engineering design and construction to provide a level of knowledge that can identify problems in every phase of a project, from planning through construction. It is this commitment to service and diverse array of offerings that makes us unique and drives our long-standing relationships with our client base. Understanding that all aspects of City Engineering and Land Development are important to ensure the City’s interests are protected and project schedules are met, our team brings TKE management level professionals to projects ensuring that every aspect receives full and comprehensive consideration. It is this personal touch and contact that define our ‘local service’ approach. We consider ourselves community builders and take ownership of services requested from TKE, ensuring that our personnel will be allocated on an as needed basis in order to complete all services on schedule and within specified budget. TKE is committed to responding to our clients’ needs as they arise. 2. K E Y P E R S O N N E L Terry Renner, P.E., Q.S.D. Principle-in-Charge | CIP Project/Construction Manager R.C.E. No. 69984 P.L.S. No. 9762 Q.S.D. Certification No. 24329 Mr. Renner has 23 years of engineering and surveying experience and also has experience as a Plan Checker and Project Manager. Mr. Renner is a Registered Civil Engineer in the State of California. He has extensive experience in the design and construction of public works improvement projects, including project management, design engineering, construction management and surveying services. In addition, as detailed on Mr. Renner’s resume, he has experience with drainage studies preparation, design and construction engineering for street, sewer and drainage system improvement projects. Mr. Renner is well trained in the use of computerized drawing software. He will assist with various tasks throughout the course of providing engineering services, such as base construction drawings, design and construction estimates. Mr. Renner’s role on the team will include management of TKE staff, compliance with standards and regulations and perform quality assurance and quality control on all documents. Brian Wolfe, P.E. City Engineer R.C.E. No. 69109 Mr. Wolfe has over 19 years of experience performing in a City Engineer Role for various public works clients and specializes in the reviewing, approving, and signing of engineering plans. He is familiar with municipal codes associated with technical decision-making. For example, many of his projects have involved ADA accessible pathways and grant funding management such as Safe Routes to Schools and Community Development Block Grant (CDBG) improvements. Brian served as City Engineer in Adelanto for the past four years, managing more Page 221 of 495 P a g e |22 Engineering Services and Land Development (2022-RFP-169) City of Palm Desert S ECTION C | F IRM S TAFF AND K EY P ERSONNEL than $20 million in public improvements. Mr. Wolfe is closely familiar with providing staff augmentation services as well as developing the processes and procedures associated with ensuring successful project delivery. He is accustomed to coordinating with outside City agencies including fire, sewer, and water as well as Caltrans and SBCTA, and looks forward to the opportunity to assist the City of Palm Desert. Justin Schlaefli, P.E., T.E., P.T.O.E. Traffic Engineer R.C.E. No. 74670 T.E. No. 2564 Justin has 23 years of experience in the transportation field. He is responsible for managing projects on a day-to-day basis as well as interfacing with other project team members and decision makers/ government staff and Contractors. He specializes in Intelligent Transportation Systems, Transportation Planning, Construction, Traffic Engineering and Traffic Operations. He has experience working on both public sector projects as well as private sector development. His experience ranges from construction management and inspection to operations and maintenance. He also has experience conducting traffic studies, specialized access analysis, parking studies, trip generation studies, traffic micro-simulation, signal operations, signal timing, traffic control and design/build of ITS solutions. In addition, Justin has served as a subject matter expert in court, for the State of California and for vendors in the transportation industry. He is also a proud alumnus of San Diego State University where he has been a guest lectu rer and has taught Transportation Engineering, helping to mentor the next generation in his field. Steve Nix, P.E., P.L.S. Senior Land Development Engineer | Senior Plan Check Engineer R.C.E. No. 8146 R.C.E. No. 56810 Mr. Nix, has over 39 years of experience in engineering planning, design, and construction management for public works projects. Mr. Nix has served several cities as it’s resident engineer and other capacities including City of Chino, City of Chino Hills, City of Montclair, City of Ontario, City of Fontana, City of Riverside, and Chino Basin Municipal Water District in both the public and private sectors. He has served the City of Upland as the Sanitary Sewer Specialist and East Valley Water District as the Director of Engineering and Operations. His experience includes design and construction management of all types of civil engineering projects ranging from single and multi-family residential, commercial and industrial development projects, public works projects including street, sewer, water, storm drain improvements, water wells construction including wellhead treatment, sewage and water pump stations, water reservoirs as well as sewage treatment and transmission Ron Musser, P.L.S. City Surveyor P.L.S. No. 4230 Mr. Musser has over 50 years of experience in performing field and office surveying services for public and private projects including design surveys and right-of-way acquisition projects. Prior to joining TKE Engineering, Inc., Mr. Musser worked at the County of Riverside as a County Surveyor for nearly 22 years providing mapping, easement document preparation, field surveying and calculations support for hundreds of projects. He has prepared records of survey, parcel maps, tract maps, right-of-way and easement documents in San Bernardino County, Riverside County, San Diego County, Orange County and Los Angeles County. He has performed boundary, topographic, ALTA, and precise level surveys as well as Global Positioning Surveys. Jeff Lantosh, C.P.I.I. Senior Construction Inspector Mr. Lantosh has over 12 years of inspection experience providing public works inspection services to a variety of municipalities throughout Page 222 of 495 P a g e |23 Engineering Services and Land Development (2022-RFP-169) City of Palm Desert S ECTION C | F IRM S TAFF AND K EY P ERSONNEL Southern California. Mr. Lantosh’s background in public works inspection and oversight provide him with an extensive knowledge of ASTM specifications and OSHA standards. Additionally, Mr. Lantosh has provided coordination with other project professional services including geotechnical and survey. Mr. Lantosh has worked as a public works inspector for inspection of capital improvement and developer installed improvements relating to the construction of streets, drainage, traffic signals, parks and housing tract improvements. Mr. Lantosh has prepared daily inspection reports, developed construction photo logs, assisted with progress and final payment processing, assisted with change order negotiations, verified compliance with contract documents and approved project submittals, verified public safety compliance, and developed remedial work lists. He also has experience performing special inspections work and has earned numerous certifications that strengthen his qualifications to perform work on specialized projects. Steven Biscotti Senior Construction Inspector Mr. Biscotti has over 14 years of inspection experience, and has been providing Public Works Construction Inspection services for the last seven years. Mr. Biscotti has worked as a Public Works Inspector for inspection of capital improvement and developer installed improvements relating to the construction streets, drainage, utilities, parks and development improvements. He is currently working as a Senior Public Works Inspector on the CV-Sync Project for CVAG. Mr. Biscotti has extensive knowledge of industry public works and Caltrans construction practices, and has demonstrated experience reading and interpreting plans and specifications. He will support the TKE Team in ensuring the required deliverables are presented to the City on schedule. Patrick Palafox Senior Construction Inspector Mr. Palafox has over 15 years of inspection experience, and has been providing Public Works Construction Inspection services for the last four years. Mr. Palafox has prepared daily inspection reports, developed construction photo logs, assisted with progress and final payment processing, assisted with change order negotiations, verified compliance with contract documents and approved project submittals, verified public safety compliance, developed remedial work list and system startup inspections. Mr. Palafox has provided coordination with other project professional services (e.g. Geotechnical and Surveying) and provided simultaneous inspection of multiple contractors and crews. D E P T H OF R E S O U R C E S TKE’s professional team is supported by 43 Design and Construction Management support staff, Plan Check Staff, additional Inspector Staff, as well as Administrative Support personnel. An organizational chart for the entire team is presented on the following page, and resumes for key personnel have been provided separately per RFP requirements. Upon the City’s request, TKE can furnish additional resumes for any support staff needed to accomplish the work under this contract. Page 223 of 495 P a g e |24 Engineering Services and Land Development (2022-RFP-169) City of Palm Desert S ECTION C | F IRM S TAFF AND K EY P ERSONNEL City Surveyor Ron Musser P.L.S. TKE Engineering, Inc. City Engineer Brian Wolfe, P.E. TKE Engineering, Inc. Senior Land Development Engineer Steve Nix, P.E., P.L.S. TKE Engineering, Inc. City/Traffic Engineer Justin Schlaefli, P.E., T.E., P.T.O.E. TKE Engineering, Inc. CIP Project/ Construction Manager Terry Renner, P.E., Q.S.D. TKE Engineering, Inc. Plan Check Staff Michael P. Thornton P.E., P.L.S. | President Monae Pugh | Traffic Engineering Specialist Michelle Arellano, P.E. | Senior Plan Check Engineer Jose Martinez | Associate Engineer Alex Estepa | Associate Engineer Tracey McLoughlin | Plan Check Coordinator Chance Renner, EIT | Associate Engineer Travis Bradshaw | Associate Engineer Steve Dukett | Managing Director Development Services CIP Inspections Special Inspections Land Development Inspections Patrick Palafox | Senior Public Works Inspector Michael Counce | Senior Public Works Inspector / Electrical Inspector Stephen Biscotti | Senior Public Works Inspector Brian McDuffie | Senior Public Works Inspector Nelson Blackwell, CPII | Senior Public Works Inspector / Special Inspector Jeff Lantosh, CPII | Senior Public Works Inspector / Special Inspector Naeem Dulloo | Senior Public Works Inspector / Special Inspector Jeffrey Lynn | Senior Public Works Inspector Brad Enscoe | Senior Public Works Inspector Design & Construction Management Support Staff Steven Ledbetter, P.E. | Vice President Octavio Parada | Project Manager Jennifer Cioffi, P.E. | Project Manager Marvin Lara, EIT | Associate Engineer Shelby Kelley, EIT | Associate Engineer Jose Hernandez | Associate Engineer Mycal Batla | Survey Brett Enscoe | Survey Party Chief Metehan Gumustekin, EIT | Associate Engineer Daniel Melero, EIT | Engineering Technician Jayden Renner | Engineering Technician Brian Chu | Engineering Technician Emmanuel Perez | Engineering Technician TKE Clerical & Additional Support Michelle Sells | Accounting/Office Manager Deana Vilches | Clerical Jeannette Barlow | Clerical Brittany Simmons | Proposal Coordinator Geotechnical Engineering Support | Earth Systems Mark Spykerman, PG, EG, HG | Principal Engineering Geologist Kevin L. Paul, P.E., G.E. | Principal Geotechnical Engineer 3. T E A M O R G A N I Z A T I O N Page 224 of 495 P a g e |25 Engineering Services and Land Development (2022-RFP-169) City of Palm Desert S ECTION C | F IRM S TAFF AND K EY P ERSONNEL 4. S U B C O N S U L T A N T S Earth Systems Pacific (Earth Systems) will provide Geotechnical Development Review services. Their role will be to provide third- party review and evaluation of engineering geology and geotechnical reports to verify compliance with City requirements and the generally accepted professional standard of care. They will review foundation and grading plans for proposed development projects to determine conformance with applicable geotechnical recommendations and applicable code requirements. Earth Systems will also prepare Geotechnical Investigations for CIP Projects. With over 50 years of experience in the geoprofessional industry and a local office in Bermuda Dunes, Earth Systems brings decades of local experience and industry expertise to this contract. They offer a full range of services in the fields of geotechnical engi neering, engineering geology, environmental assessment, construction monitoring, and materials testing and special inspection. Their local staff consists of registered geotechnical engineers, certified engineering geologists, soil technicians, special inspectors, and laboratory technicians, augmented by drilling, drafting, and support personnel. Earth Systems maintains local, fully accredited materials testing laboratories with the capacity to perform hundreds of tests upon soils, concrete, asphalt, steel, masonry, and other building materials. Earth Systems laboratories have been certified or inspected by such agencies as the Division of the State Architect (DSA), the Cement and Concrete Reference Laboratory (CCRL), AASHTO (formerly AMRL), the U.S. Army Corps of Engineers, and Caltrans. Geotechnical engineering, geology and environmental assessment services available through Earth Systems include the following: • Design-level geotechnical engineering investigations • Geotechnical and geologic feasibility studies • Site-specific ground motion hazard analysis • Slope stability evaluations • Fault location studies • Liquefaction and seismicity evaluation • Seismic refraction/rippability • Geotechnical criteria for shallow and deep foun dations, including caissons, driven piles, and micropiles • Criteria for earth retention structures and embankments • Engineering analysis of settlement-reduction methods • Development of geotechnical criteria for pavement construction and rehabilitation, including new construction, overlays, recycled materials, permeable pavers, and stabilization of poor subgrade conditions • Rock/pavement coring • Pavement deflection studies • Evaluation of acceptability of construction materials • Infiltration testing for low-impact development (LID) improvements • Failure investigations of foundations, retaining walls, slopes, and pavement • Peer review services • Sampling of potentially contaminated soils and testing for hydrocarbons, other petroleum products, naturally occurring asbestos, and lead • Phase 1 and Phase 2 environmental assessments • Groundwater monitoring and sampling • Laboratory analysis of soil and groundwater samples • Delineation of contaminant plumes Page 225 of 495 P a g e |26 Engineering Services and Land Development (2022-RFP-169) City of Palm Desert S ECTION C | F IRM S TAFF AND K EY P ERSONNEL • Full materials testing laboratory with the capability of soil and rock type classification, determination of shear strength, expansion potential, compressibility, and other geotechnical properties of soils and other construction materials Page 226 of 495 P a g e |27 Engineering Services and Land Development (2022-RFP-169) City of Palm Desert S ECTION C | F IRM S TAFF AND K EY P ERSONNEL S U B C O N S U L T A N T P R O J E C T E X P E R I E N C E EARTH SYSTEMS | PROJECT: ALESSANDRO WEST ROAD IMPROVEMENTS, CITY OF PALM DESERT, CALIFORNIA Client: City of Palm Desert Attn: Mr. Ryan Gayler, Project Administrator 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611 Rgayler@cityofpalmdesert.org Project Description: Earth Systems was retained by the City of Palm Desert to provide field and laboratory testing for Alessandro West Improvements, Phase II. Earth Systems’ scope of work included field density testing and associated laboratory testing (maximum density and soil gradation) for storm drain backfill; curb/gutter subgrade and base; valley, wedge and cross gutters and street subgrade and base. Density testing and observation of asphalt concrete placement was also performed. Field density tests were conducted in accordance with ASTM D 6938 and laboratory maximum density vs. optimum moisture testing was performed per ASTM D 1557. Dates of Service: May 2022 - Present EARTH SYSTEMS | PROJECT: CITY OF INDIAN WELLS, CA Client: City of Indian Wells Attn: Mr. Paul Goble 44-950 El Dorado Drive Indian Wells, CA 92210 (760) 346-2489 pgoble@indianwells.com Project Description: Earth Systems has provided geotechnical, environmental assessment, materials testing, and special inspection services on an on-call basis for the City of Indian Wells for over three decades. Among the various task assignments that have arisen during the course of the on-call contract are peer review services. These services have involved review of geotechnical reports prepared by geotechnical consultants for projects under the jurisdiction of the City of Indian Wells. The reviews typically involve evaluation of the adequacy of the reports, including the investigations and analyses performed, the soundness of the conclusions and recommendations, and whether the reports and plans meet the generally accepted professional standard of care and are in compliance with City policies and guidelines. Page 227 of 495 P a g e |28 Engineering Services and Land Development (2022-RFP-169) City of Palm Desert S ECTION D | P ROPOSED M ETHOD TO A CCOMPLISH THE W ORK SECTION D | PROPOSED METHOD TO ACCOMPLISH THE WORK 1. P R O J E C T U N D E R S T A N D I N G The City desires to retain a highly qualified civil engineering consultant to provide a menu of services including; yet not limited to: municipal civil engineering, traffic engineering, professional design engineering, professional surveying, geotechnical, project management, construction management, as well as land development services. TKE also recognizes the City’s need for construction inspection services, including special inspections, to support a combination of CIP and Land Development projects. TKE staff is prepared to immediately mobilize and begin providing the required services and related technical engineering assistance including but not limited to the following: • Staff Augmentation • City Engineer • Development Review • Geotechnical Services • Hydrology • Permitting • Traffic Engineering • Condition of Approval • Plan Checking o Improvement Plans o Grading Plans o Erosion Control Plans o Parking Lot Plans o Specifications o Cost Estimating o Water Quality o Drainage Studies o PM-10 • CIP and Development Inspection • Municipal Engineering o Grant Funding Application/Management o Engineering Design o City Coordination o Traffic Management o Traffic Engineering o Traffic Signal Operations o Traffic Data Collection o Plan Checking o Construction Management • Reporting and Management 2. P R O J E C T A P P R O A C H Whether the services required are city engineering, traffic, survey, land development, planning, design, inspection or construction related, successful project delivery is our goal. Our definition of successful project delivery is: Δ Project Completion that Protects City Interests Δ Project Completion that Meets All Project Requirements Δ Project Completion on Schedule Δ Project Completion within Budget I M P L E M E N T A T I O N P L A N TKE’s implementation plan includes the following key elements which we routinely provide for each of our projects: P R O J E C T M A N A G E M E N T TKE provides effective city engineering, land development, and project management services to a variety of clients. We have successfully delivered extensive and highly visible development projects, street improvement, traffic improvement, drainage improvement, water, wastewater and facility improvement projects for the Coachella Valley Association of Governments, County of San Bernardino and Riverside, Cities of Coachella, Banning, Calimesa, Moreno Valley, Chino, Glendora, El Monte, South El Monte, Corona, Highland, Hesperia, Colton, Upland, Fontana, Yucaipa, Rialto, Redlands, Wildomar, Lake Elsinore, and Riverside and for the Municipal Agencies San Bernardino Municipal Water Department, Rubidoux Community Services District, Mission Springs Water District, East Valley Water District, Mission Springs Water District, Page 228 of 495 P a g e |29 Engineering Services and Land Development (2022-RFP-169) City of Palm Desert S ECTION D | P ROPOSED M ETHOD TO A CCOMPLISH THE W ORK Coachella Water Authority, San Bernardino Municipal Water Department, Rubidoux Community Services District, East Valley Water District, Three Valleys Municipal Water District, Monte Vista Water District, and Maywood Mutual Water Company. TKE’s approach has consistently allowed our partner agencies to fulfill their missions of delivering the best value for the public’s investment. TKE’s management approach includes: M O N T H L Y P R O G R E S S R E P O R T S TKE documents project progress for all projects assigned to TKE by a comprehensive project management summary. The summary includes project name and related number, description of progress, budget status, sch edule compliance, completed deliverables, and anticipated upcoming accomplishments. C O M M U N I C A T I O N Communications with City staff is another important component to effective project management. In addition to the monthly progress reports, TKE meets with clients as needed to ensure the projects are proceeding as anticipated. We document each discussion or meeting with notes and electronically mail them to the project team within three days of the meeting/conference indicating action items and a schedule for completion of these items. Finally, TKE welcomes direct lines of communication between the City and all Key Staff for any and all project needs. R E C O R D K E E P I N G TKE keeps records in an organized filing system both in hard copy and electronic forms. This organized filing system allows TKE to access records immediately should they be needed. Additionally, TKE can provide comprehensive project records to the City upon completion of each project. M E E T I N G S TKE meets with project stakeholders as needed including the public, permitting agencies, utilities, etc. We meet with them at the project’s onset and throughout the course of project development to ensure all stakeholder project needs are considered in the project design. All meeting preparation (City Staff Reports, agendas, exhibits, slide shows, etc.) will be prepared by TKE for each meeting. Again, meetings will be documented. TKE has provided numerous similar presentations to Councils (closed sessions, council meetings, community meetings, etc.). T E A M M E E T I N G S Team meetings include all parties that have any interest in the project development. In particular, the City’s Engineering and Public Works Departments will be close working partners with TKE in project development and environmental compliance for capital projects. CIP P R O J E C T M A N A G E M E N T Project management will be an essential element in all types of project delivery. Effective communications will lead to effective management. Management will include weekly reviews of project budget and schedules and regular meetings with all project shareholders. For all projects, the most important aspect of management will be to ensure that the City’s interests are protected to the maximum extent possible and project schedules are met. TKE will ensure that public funds and impact fees are used for the benefit of the community. Any deviation from standards and requirements will be referred to the City and TKE will implement direction given by City staff. Maintaining excellent communications will prevent any project processing misunderstandings and will avoid project delays. TKE management techniques always result in efficient project delivery. Managing other consultants is another area that TKE excels. Due to our extensive variety of project experience, TKE has a vast amount of knowledge with all public works improvement projects. With this understanding, TKE is able to manage others and avoid any costly project changed conditions and delays. Page 229 of 495 P a g e |30 Engineering Services and Land Development (2022-RFP-169) City of Palm Desert S ECTION D | P ROPOSED M ETHOD TO A CCOMPLISH THE W ORK City of Calimesa | LLP County Line Road | Traffic Engineering R E G U L A T O R Y , S U B D I V I S I O N M A P A C T A N D C I T Y S T A N D A R D S C O M P L I A N C E Another primary function of TKE staff is to verify compliance with aspects of federal, state, and local laws as well as the subdivision map act and City standards. TKE is already well versed with federal, state and local development law and the map act requirements. Further, TKE will verify that all construction related to engineering components, are constructed in accordance with these requirements and standards. F E D E R A L / S T A T E F U N D I N G C O M P L I A N C E TKE will verify that all construction activities, records management and processing are completed in accordance with funding requirements including Caltrans Construction Manual and Federal /State requirements. TKE is already working closely with Caltrans Local Assistance on numerous other projects and is very familiar with funding requirements ensuring that the City’s projects will be delivered efficiently. TKE also has current experience with Caltrans District 8 preparing requests for authorization to proceed to construction, programming change requests, and variance to finance letter requests to conform to actual bid amounts. F I N A N C E A N D A D M I N I S T R A T I O N TKE is familiar with a number of funding sources for capital improvement projects. TKE has prepared numerous applications and administered these funds for a number of agencies. TKE has extensive experience with Federal and State funded projects including: Δ Highway Safety Improvement Program (HSIP) Δ Transportation Enhancement Program (TE) Δ Congestion Management & Air Quality (CMAQ) Δ Safe Routes to School (SRTS) Δ Community Development Block Grant (CDBG) Δ U.S. EPA Clean Water Grant Δ U.S. Army Corp Environmental Infrastructure Δ U.S. HUD Community Development Block Grants Δ Active Transportation Program (ATP) o Safe Routes to School (SR2S) Δ Road Repair and Accountability Act of 2017 (SB1) Δ Mobile Source Reduction Committee (MSRC) Δ TDA Article 3 Δ Rubberized Asphalt Concrete (RAC) Δ State Water Board Drinking Water and Clean Water SRF Δ Proposition 1 o Storm Water Grant Program o Integrated Regional Watershed Management Program o Flood Management Program o Proposition 84 o Proposition 1E o Proposition 50 o Proposition 68 We will apply this knowledge to process current projects and continue to work with City staff to match funding streams with proposed projects. E N V I R O N M E N T A L C O M P L I A N C E Environmental permitting for projects within the CIP may be complex and involve coordination with multiple jurisdictional agencies, in addition to the normal CEQA analysis and determination. Our preliminary review of the CIP indicates that many projects projected will qualify for a categorical exemption. Other projects may require some additional environmental permit requirements including Clean Water Act (CWA) Section 404 permits from the United States Army Corps of Engineers, CWA Section 401 permits from the Regional Water Quality Control Board, Section 1602 Permits from the California Department of Page 230 of 495 P a g e |31 Engineering Services and Land Development (2022-RFP-169) City of Palm Desert S ECTION D | P ROPOSED M ETHOD TO A CCOMPLISH THE W ORK Fish and Game and potential US ESA Section 7 permitting from the United States Fish and Wildlife Service. TKE has experience in the acquisition of each of these different permit types and will provide excellent management and oversight to ensure environmental compliance permitting is implemented. 3. S C H E D U L E O F T A S K S For a complete schedule of tasks to be completed for the proposed services please refer to the Experience and Technical Competence section of the proposal. Page 231 of 495 P r e p a r e d B y : Page 232 of 495 Contract No. ___________ 1 Revised 01-2024 BBK 72500.00001\32374915.1 CITY OF PALM DESERT PROFESSIONAL SERVICES AGREEMENT 1. Parties and Date. This Agreement is made and entered into this 25th day of April, 2024, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-2578 (“City”) and TKE Engineering, Inc., a Corporation, with its principal place of business at 73-710 Fred Waring Drive, Suite 102, Palm Desert, California 92260 ("Vendor"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. Recitals. 2.1 Project. The City is a public agency of the State of California and is in need of professional services for the following project: On-Call Construction Management and Engineering Services (hereinafter referred to as “the Project”). 2.2 Capital Improvement Program The City has approved in its FY22/23 Financial Plan a 5-Year Capital Improvement Plan (”CIP”). The total cost of construction management services the City may require over the five years of the CIP is estimated to be up to $11,739,394. As a result, the City is entering into contracts with multiple construction management firms (“Consultants”) to provide on-call construction management services per the terms and conditions set forth in the contracts (the “CM Agreements”). The City will determine which projects may be assigned to the Consultants and issue task order(s) for the projects. This Agreement shall be subject to and conditioned upon appropriation of funds by the City Council. Any financial obligations for the Ctiy earned and payable after FY22/23 are contingent upon funds for that purpose being appropriated, budgeted or otherwise made available by the City Council. An oversight committee comprised of representatives of the City Attorney, Director of Finance, Director of Public work, and Director of Capital Projects shall review annual expenditures and performance of the Consultant under this Agreement. 2.3 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant is duly licensed and has the necessary qualifications to provide such services. 3. Terms. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. Page 233 of 495 Contract No. ___________ 2 Revised 01-2024 BBK 72500.00001\32374915.1 3.1.2 Term. The term of this Agreement shall be from April 25, 2024, to February 16, 2025, unless earlier terminated as provided herein The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than three (3) additional one-year terms. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Any personnel performing the Services shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees, or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: Michael P. Thorton, President. 3.2.5 City's Representative. The City hereby designates Martin Alvarez, Director of Public Works, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the scope of services or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee. 3.2.6 Consultant's Representative. Consultant hereby designates Michael P. Thorton, President, or his/her designee, to act as its representative for the performance of this Page 234 of 495 Contract No. ___________ 3 Revised 01-2024 BBK 72500.00001\32374915.1 Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants, and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement. Page 235 of 495 Contract No. ___________ 4 Revised 01-2024 BBK 72500.00001\32374915.1 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation. Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 3.2.10 Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. 3.2.10.1 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement. 3.2.10.2 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, physical disability, ancestry, sex, age, marital status, gender, gender identity, gender expression, sexual orientation, reproductive health decision making, veteran or military status, or any other consideration made unlawful by federal, state, or local laws. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.3 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. 3.2.11 Insurance. 3.2.11.1 Minimum Requirements. Without limiting Consultant’s indemnification of City, and prior to commencement of the Services, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include Page 236 of 495 Contract No. ___________ 5 Revised 01-2024 BBK 72500.00001\32374915.1 contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. (B) Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City’s Risk Manger may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. (C) Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. (D) Workers’ Compensation Insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, volunteers, and representatives. (E) Umbrella or Excess Liability Insurance. Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions: (1) A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (2) Pay on behalf of wording as opposed to reimbursement; (3) Concurrency of effective dates with primary policies; and (4) Policies shall “follow form” to the underlying primary policies. (5) Insureds under primary policies shall also be insureds under the umbrella or excess policies. (F) Fidelity Coverage. Reserved. (G) Cyber Liability Insurance. Reserved. Page 237 of 495 Contract No. ___________ 6 Revised 01-2024 BBK 72500.00001\32374915.1 If coverage is maintained on a claims-made basis, Consultant shall maintain such coverage for an additional period of three (3) years following termination of the Agreement. 3.2.11.2 Other Provisions or Requirements. (A) Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (B) Duration of Coverage. Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, his/her agents, representatives, employees or subconsultants. (C) Primary/Non-Contributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect it as a named insured. (D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may terminate this Agreement. (E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, volunteers, and representatives or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, volunteers and representatives and shall require similar written express waivers and insurance clauses from each of its subconsultants. (G) Enforcement of Contract Provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to Page 238 of 495 Contract No. ___________ 7 Revised 01-2024 BBK 72500.00001\32374915.1 inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (I) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, volunteers and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies. (K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (M) Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subconsultants, subcontractors, and others engaged in the Project will be submitted to City for review. (N) City’s Right to Revise Specifications. The City and the City’s Risk Manager reserve the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. Page 239 of 495 Contract No. ___________ 8 Revised 01-2024 BBK 72500.00001\32374915.1 (O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (Q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. 3.2.12 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. Failure to comply with laws, regulations, and ordinances listed in this Section is a violation of federal and state law. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations, and policies of this Section. 3.3 Fees and Payments. 3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed ELEVEN MILLION SEVEN HUNDRED AND THIRTY-NINE THOUSAND THREE HUNDRED AND NINETY-FOUR Dollars ($11,739,394) without written approval of the City Council or City Manager, as applicable. 3.3.2 Payment of Compensation. Consultant shall submit to City monthly invoices which provide a detailed description of the Services and hours rendered by Consultant. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Consultant shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination of this Agreement and failure by the Consultant to submit a timely invoice may constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City or included in Exhibit "C" of this Agreement. Page 240 of 495 Contract No. ___________ 9 Revised 01-2024 BBK 72500.00001\32374915.1 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City. 3.4 Labor Code Requirements. 3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, agents, volunteers and representatives, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of Services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, agents, volunteers and representatives free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant. 3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services. Page 241 of 495 Contract No. ___________ 10 Revised 01-2024 BBK 72500.00001\32374915.1 3.5 Accounting Records. 3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.6 General Provisions. 3.6.1 Termination of Agreement. 3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement. 3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.6.1.3 Early Termination. Notwithstanding any provision herein to the contrary, if for any fiscal year of this Agreement the City Council fails to appropriate or allocate funds for future payment under the Agreement after exercising reasonable efforts to do so, the City may upon seven (7) days’ written notice, order work on the Project to cease. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. 3.6.1.4 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: TKE Engineering, Inc. 73510 Fred Waring Drive Palm Desert, CA 92260 ATTN: Michael P. Thornton, President Page 242 of 495 Contract No. ___________ 11 Revised 01-2024 BBK 72500.00001\32374915.1 City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 ATTN: Martin Alvarez, Director of Public Works Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.6.3 Ownership of Materials and Confidentiality. 3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. 3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by professionals other than Consultant or its subconsultants, or those provided to Consultant by the City. 3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents, and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only Page 243 of 495 Contract No. ___________ 12 Revised 01-2024 BBK 72500.00001\32374915.1 with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment, or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant. 3.6.3.4 Indemnification – Documents and Data. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers, agents and representatives free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted. 3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend, and hold harmless the City, and its officers, directors, employees, agents, volunteers and representatives from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information. 3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement. 3.6.5 [Reserved] 3.6.6 Indemnification. Page 244 of 495 Contract No. ___________ 13 Revised 01-2024 BBK 72500.00001\32374915.1 3.6.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, agents, and representatives free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, volunteers, or representatives. 3.6.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. 3.6.7 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. 3.6.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. 3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.6.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.6.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. 3.6.12 Assignment; Subcontracting. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 3.6.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not Page 245 of 495 Contract No. ___________ 14 Revised 01-2024 BBK 72500.00001\32374915.1 workdays. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, volunteers, and representatives except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.6.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.6.16 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. 3.6.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.6.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.6.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE] Page 246 of 495 Contract No. ___________ 15 Revised 01-2024 BBK 72500.00001\32374915.1 SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND TKE ENGINEERING, INC. IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written. CITY OF PALM DESERT By: L. Todd Hileman City Manager Attest: By: Anthony J. Mejia City Clerk Approved as to form: By: Isra Shah Best Best & Krieger LLP City Attorney TKE ENGINEERING, INC, A CORPORATION By: Michael P. Thorton President By: Terry Renner Senior Vice President QC: _____ Insurance: _____ Initial Review _____ Final Approval Page 247 of 495 Contract No. ___________ Exhibit “A” Revised 01-2024 BBK 72500.00001\32374915.1 EXHIBIT “A” SCOPE OF SERVICES, SCHEDULE OF SERVICES Page 248 of 495 Contract No. ___________ Exhibit “A-I” Revised 01-2024 BBK 72500.00001\32374915.1 Page 249 of 495 Contract No. ___________ Exhibit “B” Revised 01-2024 BBK 72500.00001\32374915.1 EXHIBIT "B" COMPENSATION In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Riverside-San Bernardino-Ontario, CA. The maximum compensation for services to be provided pursuant to each Task Order shall be set fort in the relevant Task Order. The total compensation, in aggregate between the CM Agreements, shall not exceed ELEVEN MILLION SEVEN HUNDRED THIRTY-NINE THOUSAND THREE HUNDRED AND NINETY-FOUR ($11,739,394) without written notice approval of the City Council or City Manager, as applicable. Page 250 of 495 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: April 25, 2024 PREPARED BY: Lucero Leyva, Sr. Project Manager REQUEST: RATIFY CHANGE ORDER 1 TO CONTRACT C46150 WITH THE VAN DYKE CORPORATION FOR HILARY STORM REPAIRS IN THE AMOUNT NOT TO EXCEED $609,760 RECOMMENDATION: 1. Ratify Change Order 1 to Contract C46150 with the Van Dyke Corporation for Hillary Storm Repairs in an amount not to exceed $609,760. 2. Authorize the Director of Finance to set aside a contingency in the amount not to exceed of $30,488. 3. Authorize the City Manager to Review and Approve written requests for the use of contingency per Section 3.30.170 B of the Palm Desert Municipal Code. 4. Authorize City Manager to execute the change order and any documents necessary to effectuate the actions taken herewith BACKGROUND/ANALYSIS: The approved design for the CDR00004 Section 29 Retention Basin Improvements and Expansion Project involves the Section 29 Retention Basin routing water back towards the Mid Valley Channel once it has hit its 100-year capacity. The water then moves down the Mid Valley Channel and into the expanded basins on the City Park site via the implementation of w eirs. On December 14, 2023, City Council awarded the CDR00004 Section 29 Improvement and Expansion Project to The Van Dyke Corporation as the lowest and most responsive bidder. City Staff issued the Notice to Proceed to the contractor on January 29, 2024 , which was acknowledged and accepted by the contractor. The topography completed by The Van Dyke Corporation as part of their pre-construction and mobilization efforts confirmed that the Mid Valley Channel had been heavily impacted by the Hillary Storm Event of August 2023 because it helps to highlight the differences between the proposed improvements and existing conditions (post-Hillary). With the topography, it is clear to see where the Channel lost its shape, depth, and slopes at various pinch points. To ensure that the Mid Valley Channel functions as designed, it needs to be repaired by recompacting and regrading the channel to the specifications of the approved design. After conferring with internal staff, including the City Engineer, staff recommends that the contractor of record for both Project CDR00004 and the repair work in the Mid Valley Channel be the same, The Van Dyke Corporation. Staff recommends the approval of Change Order 1 to the Van Dyke Corporation in an amount not to exceed of $609,760 to be funded from the Emergency Fund Account Number 1104159 - 4219100. Page 251 of 495 City of Palm Desert (Ratify Change Order 1 to Contract C46150 with The Van Dyke Corporation) Page 2 of 2 FINANCIAL IMPACT: Funds are available for this Change Order within the Disaster/Emergency Fund, Account No. 1104159-4219100. The funding breakdown for this project is as follows: Fund Account Number Approved Budget Additional Budget Request Drainage Facility 2324370-5000455 $ 500,000 BAD No.1 (Sec 29) 2894374-5000455 $ 3,000,000 Restricted Capital Funds 4514374-5000455 $ 1,900,000 Disaster/Emergency 1104159-4219100 $ 640,248 Total Combined Budget: $ 6,040,248 Contract Award: $ 4,630,291 Change Order 1: $ 609,760 New TVDC Contract Total: $ 5,240,051 TVDC Contingency: $ 478,517 *The Van Dyke Corporation (TVDC) is the Contractor for Project CDR00004 ATTACHMENTS: 1. The Van Dyke Corporation – Change Order 1 Page 252 of 495 To:City of Palm Desert 73-510 Fed Waring Drive Palm Desert, CA 92260 Project: Section 29 Retention Basin Improvements & Expansion 1 Mob/Demob New Equipment 1 ls @ $17,000.00 17,000.00$ 2 Stabilize Saturated Soil in Canal 2400 lf @ $15.83 38,000.00$ ProductionRate = 500 lf/day 3 Repair & Restore Site Conditions 23750 cy @ $13.15 312,320.00$ ProductionRate = 750 lf/day 4 Excavate Soil & Haul to Pond 17500 cy @ $13.39 234,240.00$ ProductionRate = 750 lf/day Base Amount Overhead & Profit 1 ls @ 15%90,234.00$ CREDIT FOR CONTRACT WORK NOT PERFORMED 5 Bid Item #2 - Clear & Grub -9333 sy @ $0.87 (8,119.71)$ 6 Bid Item #8 - Rough Grading -14000 cy @ $3.70 (51,800.00)$ Negotiated Discount for Contract Progress 1 ls @ -$22,115.60 (22,115.60)$ Added Days to Contract - 45 Calendar Days Soils Testing to be provided & onsite to verify compaction of work. Total Amount Accepted: Owner The Van Dyke Corporation 6797 Adobe Road By:29 Palms, CA 92277 Title: By: Date: REVISED CHANGE ORDER 001 Mathew C Green Jr/General Manager 609,758.69$ VDC Project #Date 23-24 3/28/2024 601,560.00$ Page 253 of 495 Page 254 of 495 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: April 25, 2024 PREPARED BY: Shawn Muir, Community Services Manager REQUEST: AWARD A CONTRACT TO WESTERN STATE BUILDERS FOR PALMA VILLAGE PARK IMPROVEMENTS IN AN AMOUNT NOT TO EXCEED $381,437 (PROJECT NO. MPK00007) RECOMMENDATION: 1. Waive any minor proposal irregularities and award a contract to Western State Builders, Inc., of Escondido, California, in an amount not to exceed $381,437 to construct improvements at Palma Village Park. 2. Authorize the Director of Finance to set aside $78,000 in contingency for unforeseen circumstances. 3. Appropriate $176,000 to CDBG Account No. 2204649-4400100, Palm Village Park Capital Project. 4. Authorize the City Manager to review and approve change orders for any unforeseen circumstances per Palm Desert Municipal Code Section 3.30.170. 5. Authorize the City Attorney to make any necessary, non-monetary changes to the Agreement. 6. Authorize the City Manager to execute said agreement and contract amendments as needed to complete said work. BACKGROUND/ANALYSIS: The City was awarded Community Development Block Grant (CDBG) funds for improvements to Palma Village Park over Fiscal Years 2019/20, 2020/21, and 2021/22 in the total amount of $312,000. To ensure the funds were allocated to a project that would best serv e the neighborhood, a community meeting was held on November 3, 2022. A postcard mailer was sent to each residence in the neighborhood inviting residents to the meeting. The postcard included a QR code link to a survey for those who could not attend the me eting in person. The survey was also administered by staff at the community meeting to allow attendees and residents to weigh in on priorities for the use of the grant funds. Sports activities, lighting, security, park furnishings, and shade were all identified as priorities. Staff leveraged State of California Proposition 68 Per Capita funds to complete many of the community’s requests. That project was completed in March 2024 and was inspected by the State of California. Survey respondents also selected a new picnic pavilion for the east side of the park. The CDBG funds were earmarked for the new pavilion and bar-b-que area on the east side of the park. A request for proposals was issued on August 10, 2023, for design services to develop plans for the park improvements. On October 1, 2023, an agreement with In-Site Landscape Architecture, Inc. was executed for park design. With input from the Landscape Services division and other Public Works staff, the plans were finalized in February 2024. Page 255 of 495 City of Palm Desert Award Contract for Palma Village Park Improvements Page 2 of 2 A Notice Inviting Bids was advertised on February 22, 2024, and the solicitation closed on March 26, 2024. Bids were received from three vendors and bid bonds were verified. The lowest responsive bidder was Western State Builders, Inc. Staff recommends awarding the construction contract for Palma Village Park Improvements to Western State Builders, Inc. Legal Review: This report has been reviewed b y the City Attorney’s office. In addition, the City Attorney has verified bid bonds. FINANCIAL IMPACT: Funds in the total amount of $742,727 were included in the approved Capital Improvement Project (CIP) List for Fiscal Year 2022-23 and 2023-24 for the Palma Village Park Improvements. Community Development Block Grant funds in the amount of $312,000 and Per Capita Grant in the amount of $210,727 were awarded to support this project. Project Expenses total $832,272 and exceed the current budget. In an effort to exhaust available CDBG Grant funds, staff requests a reduction to the Park Fund budget in the amount of $87,018, and an appropriation of $176,000 from available CDBG funds to Account No. 2204649-4400100. Item Award Budget Contract Appropriation Request Park Funds 4004618-4400100 FY 2022-23 $210,727 Park Funds 4004618-4400100 FY 2023-24 $220,000 CDBG Funds 2204649-4400100 FY 2023-24 $312,000 Qovo – Security Cameras (A44650) Award 01/24/23 $39,563.12 USA Shade – Shade Replacement (A44680) Award 01/24/23 $27,139.46 Courtmaster Sports – Resurfacing (C44180) Award 01/24/23 $37,793.13 Palmer Electric – Electrical Srvs (A45270) Award 05/18/23 $8,500.00 GameTime – Furnishings (A45480) Award 10/03/23 $108,926.25 In-Site Landscape – Design (A46410) Award 11/27/23 $25,350.00 Signage and Lighting Improvements Pending $125,0000 *Western State Builders – Construction 04/25/24 ($87,018) $381,437 *Western State Builders – Contingency 04/25/24 $78,000 Project Total $655,709 $832,271.96 $176,000 Per Capita Grant Reimbursement -($210,727.00) Total Expenses $621,544.96 *Current request ATTACHMENTS: 1. Proposal – Western State Builders 2. Long-Form Construction Agreement 3. Payment and Performance Bonds 4. Plans – Palma Village Park Improvements Page 256 of 495 City of Palm Desert PW - Operations & Maintenance Randy Chavez, Deputy Director 73-510 Fred Waring Drive, Palm Desert, CA 92260 [WESTERN STATE BUILDERS INC.] RESPONSE DOCUMENT REPORT IFB No. MPK00007 Palma Village Park Improvements RESPONSE DEADLINE: March 26, 2024 at 4:00 pm Report Generated: Friday, March 29, 2024 Western State Builders Inc. Response CONTACT INFORMATION Company: Western State Builders Inc. Email: julian@westernstatebuilder.com Contact: Julian Moen Address: 2141 Orange Ave Escondido, CA 92029 Phone: (760) 270-8639 Website: Www.Westernstatebuilder.com Submission Date: Mar 26, 2024 2:47 PM Page 257 of 495 [WESTERN STATE BUILDERS INC.] RESPONSE DOCUMENT REPORT IFB No. MPK00007 Palma Village Park Improvements [WESTERN STATE BUILDERS INC.] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Palma Village Park Improvements Page 2 ADDENDA CONFIRMATION No addenda issued QUESTIONNAIRE 1. BID ACKNOWLEDGEMENT* To the City of Palm Desert, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260. A. In response to the Contract Documents for project number MPK00007 and in accordance with the accompanying Instructions to Bidders, the undersigned hereby proposes to the City to furnish all labor, technical and professional services, supervisio n, materials and equipment, other than materials and equipment specified as furnished by the City, and to perform all operations necessary and required to construct the Project in accordance with the provisions of the Contract Documents and any addenda thereto, and at the prices stated opposite the respective items set forth in the Bid Schedule. B. This Bid constitutes a firm offer to the City which cannot be withdrawn for 90 calendar days after the date set for opening of Bids, or until a Contract is executed by the City and a third party, whichever is earlier. C. The undersigned certifies that it has examined and is fully familiar with all of the provisions of the Contract Documents and any addenda thereto; that it has carefully checked all of the words and figures shown in its Bid Schedule; that it has carefully reviewed the accuracy of all statements in this Bid and attachments hereto; and that it understands and agrees that the City will not be responsible for any errors or omissions on the part of the undersigned in preparing this Bid. D. If awarded a Contract, the undersigned agrees to execute and deliver to the City within ten (10) Days after date of receipt of Notice of Award, a signed Contract and the necessary Performance Bond, Payment Bond, and Certificates of Insurance and Endorsements. E. All Bid Forms, which have been completed and executed by undersigned Bidder, are incorporated by this reference and made a part of this Bid. Page 258 of 495 [WESTERN STATE BUILDERS INC.] RESPONSE DOCUMENT REPORT IFB No. MPK00007 Palma Village Park Improvements [WESTERN STATE BUILDERS INC.] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Palma Village Park Improvements Page 3 F. The undersigned is hereby representing that it is and will be properly licensed both at the time that it submits a Bid as wel l as at the time the Contract is awarded, if the Contract is awarded to the undersigned. 1. If Individual Contractor. Undersigned certifies that it is now licensed in accordance with the provisions of the Contractor's License Law of the State of California; or 2. If Joint Venture. Undersigned certifies that the individual members of the joint venture are now licensed in accordance with the provisions of the Contractor's License Law of the State of California. I hereby certify under penalty of perjury under the laws of the State of California that all of the information submitted in connection with this Bid and all of the representations made herein are true and correct. Confirmed 2. BID SCHEDULE* IMPORTANT: THE ELECTRONIC #BID SCHEDULE MUST BE COMPLETED BY EACH BIDDER AND PROPERLY SUBMITTED ON OPENGOV PROCUREMENT. FAILURE TO COMPLETE THE BID SCHEDULE WILL RESULT IN AN INCOMPLETE AND NON -RESPONSIVE BID. THE ELECTRONIC BID SCHEDULE WILL BE INCORPORATED INTO THE CONTRACT DOCUMENTS. The costs for any Work shown or required in the Contract Documents, but not specifically identified as a line item are to be included in the related line items and no additional compensation shall be due to Contractor for the performance o f the Work. All blank spaces appearing in the Electronic Bid Schedule must be filled in. Failure to fill in any blank spaces may render the bid non-responsive. The estimated quantities for Unit Price items are for purposes of comparing Bids only and the City makes no representation that the actual quantities of work performed will not vary from the estimates. Final payment shall be determined by the Engineer from measured quantities of work performed based upon the Unit Price. Page 259 of 495 [WESTERN STATE BUILDERS INC.] RESPONSE DOCUMENT REPORT IFB No. MPK00007 Palma Village Park Improvements [WESTERN STATE BUILDERS INC.] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Palma Village Park Improvements Page 4 If the Contract Documents specify Alternate Bid items, the City can choose to include any, all, or none of the Alternate Bid items in the Work. If the City selects any of the Alternate Bid items, the corresponding Alternate Bid prices shall be added to or deducted from Base Bid Price for the Work. The City can award/select Alternate Bid items at any time(s). I certify that I have read, understood the above statement. Confirmed 3. BID GUARANTEE* IF SUBMITTING AN ORIGINAL BID BOND: Please download the Bid Bond Form under #ATTACHMENTS, and Mail or hand deliver in a sealed and labeled envelope including the Project Number, Project Title, and Project Due Date visible on the outside of the envelope to the City Clerk's Office located at 73-510 Fred Waring Drive, Palm Desert, CA 92260 before the bid submittal deadline. IF SUBMITTING CASH OR CASHIER'S CHECK: Mail or hand deliver in a sealed and labeled envelope including the Project Number, Project Title, and Project Due Date visible on the outside of the envelope to the City Clerk's Office located at 73 -510 Fred Waring Drive, Palm Desert, CA 92260 before the bid submittal deadline. IF SUBMITTING AN E-BID BOND: follow E-Bid Bond instructions. Hard Copy Original Bid Bond (delivered before bid submittal deadline) 4. E-Bid Bond Please enter your Bid Bond information from Surety2000 below ONLY IF YOU ARE NOT SUBMITTING A HARD COPY BID BOND, CASH, OR CASHIER'S CHECK. Bond ID: No response submitted Vendor ID: No response submitted 5. Enter Surety Company "Name" who Issued Bid Guarantee * This information will be verified against the California Department of Insurance Website. Page 260 of 495 [WESTERN STATE BUILDERS INC.] RESPONSE DOCUMENT REPORT IFB No. MPK00007 Palma Village Park Improvements [WESTERN STATE BUILDERS INC.] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Palma Village Park Improvements Page 5 Nationwide Mutual Insurance Company Click to Verify Value will be copied to clipboard 6. DESIGNATION OF SUBCONTRACTORS* Please download the below documents, complete, and upload. • DESIGNATION_OF_SUBCONTRACTO... WSB_Subcontractor_List_for_Palma_Village.pdf 7. BIDDER INFORMATION AND EXPERIENCE FORM* Please download the below documents, complete, and upload. • BIDDER_INFORMATION_AND_EXPE... WSB_Bidder_Info_and_Experience_Statement_for_Palma_Village.pdfWSB_Federal_Documents_for_Palma_Village.pdf 8. NON-COLLUSION DECLARATION* The undersigned declares: I am an authorized representative of my company, the party making the foregoing Bid, to certify the following. The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, compa ny, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by ag reement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, d irectly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent there of to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Page 261 of 495 [WESTERN STATE BUILDERS INC.] RESPONSE DOCUMENT REPORT IFB No. MPK00007 Palma Village Park Improvements [WESTERN STATE BUILDERS INC.] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Palma Village Park Improvements Page 6 Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liabil ity company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Confirmed 9. PUBLIC WORKS CONTRACTOR DIR REGISTRATION CERTIFICATION* Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public-Works/PublicWorks.html for additional information. No bid will be accepted, nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sec tions 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations. Unless Bidder is exempt pursuant to the small project exemption, Bidder further acknowledges: A. Bidder shall maintain a current DIR registration for the duration of the project. B. Bidder shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project. C. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non- responsive. Confirmed Page 262 of 495 [WESTERN STATE BUILDERS INC.] RESPONSE DOCUMENT REPORT IFB No. MPK00007 Palma Village Park Improvements [WESTERN STATE BUILDERS INC.] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Palma Village Park Improvements Page 7 10. CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION* I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract. Confirmed 11. Fleet Compliance Certification* I hereby acknowledge that I have reviewed the California Air Resources Board’s policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation”). I hereby certify, subject to penalty for perjury, that the option checked below relating to the Bidder’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct: The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have be en attached hereto. 12. Fleet Compliance Documentation* Please attach supporting documentation for the selection made in item 12 above. WSB_CARB_Certificate_2024.jpg 13. Enter your valid CA Contractors State License Board (CSLB) number* Please enter your License Number here. This will be verified against the state database. 1069677 Click to Verify Value will be copied to clipboard 14. Enter your California Department of Industrial Relations (DIR) Registration number* Please enter your Public Works Contractor DIR Number. This will be verified against the state database. 1000706410 Click to Verify Value will be copied to clipboard Page 263 of 495 [WESTERN STATE BUILDERS INC.] RESPONSE DOCUMENT REPORT IFB No. MPK00007 Palma Village Park Improvements [WESTERN STATE BUILDERS INC.] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Palma Village Park Improvements Page 8 15. SAM.gov* Please enter your legal entity name for SAM.gov verification. UT9VSLG9YDM5 Click to Verify Value will be copied to clipboard 16. Type of Business* S Corporation (if corporation, two signatures are required) 17. Type your Legal Company Name Here* State your Company's Name Here. This will be verified against the California Secretary of State's Website. Western State Builders, Inc. Click to Verify Value will be copied to clipboard 18. How many years has Bidder’s organization been in business as a Contractor? * 9 19. List the Signatory(s) Authorized to Sign and Bind an Agreement.* (If two (2) signatures are required, include the following information for both signatories) A. Full Name B. Title C. Physical Business Address D. Email Address E. Phone Number A. James Jared Moen B. President/Secretary Page 264 of 495 [WESTERN STATE BUILDERS INC.] RESPONSE DOCUMENT REPORT IFB No. MPK00007 Palma Village Park Improvements [WESTERN STATE BUILDERS INC.] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Palma Village Park Improvements Page 9 C. 2141 Orange Ave Escondido, CA 92029 D. jared@westernstatebuilder.com E. 760-703-6024 Second Person A. Julian Moen B. Vice President/Treasurer C. 2141 Orange Ave Escondido, CA 92029 D. julian@westernstatebuilder.com E. 760-270-8639 PRICE TABLES MOBILIZATION AND TRAFFIC CONTROL Line Item Description Quantity Unit of Measure Unit Cost Total 1 Mobilization 1 LS $55,952.00 $55,952.00 2 Traffic Control 1 LS $6,000.00 $6,000.00 TOTAL $61,952.00 DEMOLITION AND SALVAGE (SHEET 2) Page 265 of 495 [WESTERN STATE BUILDERS INC.] RESPONSE DOCUMENT REPORT IFB No. MPK00007 Palma Village Park Improvements [WESTERN STATE BUILDERS INC.] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Palma Village Park Improvements Page 10 Line Item Description Quantity Unit of Measure Unit Cost Total 3 Remove and Dispose of Concrete Pavement (Detail A) 1 LS $13,500.00 $13,500.00 4 Remove and Salvage Existing Benches and Lights (Detail B,D) 1 LS $1,250.00 $1,250.00 5 Clearing and Grubbing (Detail C,E) 1 LS $6,550.00 $6,550.00 TOTAL $21,300.00 CONSTRUCTION (SHEET 3-8) Line Item Description Quantity Unit of Measure Unit Cost Total 6 Concrete Pavement with Expansion Joints and Sawcut Control Joints (Detail 1,2,3,4) 1 LS $72,826.00 $72,826.00 7 Purchase and Install Picnic Table - Standard (Detail 5) 3 EA $3,901.00 $11,703.00 8 Purchase and Install Picnic Table (Detail 6) 3 EA $3,800.00 $11,400.00 9 Purchase and Install Kernel Bench (Detail 7) 8 EA $4,518.00 $36,144.00 10 Purchase and Install Trash Receptacle (Detail 8) 2 EA $4,856.00 $9,712.00 11 Purchase and Install BBQ Grill (Detail 9) 1 EA $2,105.00 $2,105.00 12 Purchase and Install Drinking Fountain (Detail 10) 1 EA $6,850.00 $6,850.00 13 Purchase and Lay Decorative Rock Mulch with Aluminum Edging (Detail 11) 1 EA $22,440.00 $22,440.00 14 Purchase and Install Shade Structure (Detail 12) 1 EA $91,305.00 $91,305.00 TOTAL $264,485.00 Page 266 of 495 [WESTERN STATE BUILDERS INC.] RESPONSE DOCUMENT REPORT IFB No. MPK00007 Palma Village Park Improvements [WESTERN STATE BUILDERS INC.] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Palma Village Park Improvements Page 11 LANDSCAPING AND IRRIGATION (SHEET 9 - 17) Line Item Description Quantity Unit of Measure Unit Cost Total 15 Irrigation Equipment and Modifications 1 LS $12,400.00 $12,400.00 16 Landscaping, including Plant Materials and Hardscape 1 LS $21,300.00 $21,300.00 TOTAL $33,700.00 Page 267 of 495 Page 268 of 495 Page 269 of 495 Page 270 of 495 Page 271 of 495 Page 272 of 495 Page 273 of 495 Page 274 of 495 Page 275 of 495 Page 276 of 495 Page 277 of 495 Page 278 of 495 Page 279 of 495 Page 280 of 495 Page 281 of 495 Page 282 of 495 Page 283 of 495 Page 284 of 495 Page 285 of 495 Page 286 of 495 Page 287 of 495 Page 288 of 495 Page 289 of 495 Page 290 of 495 Page 291 of 495 Page 292 of 495 Page 293 of 495 Page 294 of 495 Page 295 of 495 Page 296 of 495 Contract No. ___________ 1 Revised 01-2024 BBK 72500.00001\32374943.1 CITY OF PALM DESERT CONTRACT FOR CONSTRUCTION This Agreement is made and entered into this 25th day of April, 2024, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-2578, (“City”) and Western State Builders, Inc., a Corporation, with its principal place of business at 2141 Orange Avenue, Escondido, CA 92029 ("Contractor"). WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows: ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project: Palma Village Park Improvement Project Project No. MPK00007 (hereinafter referred to as “the Project”). Construct improvements and install new park furnishings at Palma Village Park located at 44550 San Carlos Avenue, Palm Desert, California 92260. Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation. ARTICLE 2. TIME FOR COMPLETION. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 60 Days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work. ARTICLE 3. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Three Hundred Eighty-One Thousand Four Hundred Thirty-Seven Dollars ($381,437.00). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule. ARTICLE 4. LIQUIDATED DAMAGES. Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature Page 297 of 495 Contract No. ___________ 2 Revised 01-2024 BBK 72500.00001\32374943.1 of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages. Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $1,000.00 for each and every Day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor. ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following: Notice Inviting Bids Instructions to Bidders Bid Forms Bid Acknowledgement Bid Schedule Bid Guarantee Designation of Subcontractors Information Required of Bidders Non-Collusion Declaration Form Iran Contracting Act Certification Public Works Contractor DIR Registration Certification Performance Bond Payment (Labor and Materials) Bond Contract for Construction General Conditions Special Conditions Specifications Addenda Construction Plans and Drawings Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9 Standard Plans of the City of Palm Desert, latest edition Standard Plans for Public Works Construction, latest edition Caltrans Standard Specifications, latest edition, Except Division 1 Caltrans Standard Plans, latest edition California Manual on Traffic Control Devices for Streets and Highways (CAMUTCD), latest edition Work Area Traffic Control Handbook, latest edition Reference Specifications Approved and fully executed Change Orders Permits Page 298 of 495 Contract No. ___________ 3 Revised 01-2024 BBK 72500.00001\32374943.1 Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents. All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties. ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work. ARTICLE 7. INDEMNIFICATION AND INSURANCE A. Indemnification 1. To the fullest extent permitted by law, Contractor shall immediately defend (with counsel of the City’s choosing), indemnify, and hold harmless the City, its officials, officers, agents, employees, and representatives, and each of them from and against: (a) Any and all claims, demands, causes of action, costs, expenses, injuries, losses or liabilities, in law or in equity, of every kind or nature whatsoever, but not limited to, injury to or death, including wrongful death, of any person, and damages to or destruction of property of any person, arising out of, related to, or in any manner directly or indirectly connected with the Work or this Contract, including claims made by subcontractors for nonpayment, including without limitation the payment of all consequential damages and attorney’s fees and other related costs and expenses, however caused, regardless of whether the allegations are false, fraudulent, or groundless, and regardless of any negligence of the City or its officers, employees, or authorized volunteers (including passive negligence), except the sole negligence or willful misconduct or active negligence of the City or its officials, officers, employees, or authorized volunteers; (b) Contractor’s defense and indemnity obligation herein includes, but is not limited to damages, fines, penalties, attorney’s fees and costs arising from claims under the Americans with Disabilities Act (ADA) or other federal or state disability access or discrimination laws arising from Contractor’s Work during the course of construction of the improvements or after the Work is complete, as the result of defects or negligence in Contractor’s construction of the improvements; Page 299 of 495 Contract No. ___________ 4 Revised 01-2024 BBK 72500.00001\32374943.1 (c) Any and all actions, proceedings, damages, costs, expenses, fines, penalties or liabilities, in law or equity, of every kind or nature whatsoever, arising out of, resulting from, or on account of the violation of any governmental law or regulation, compliance with which is the responsibility of Contractor; (d) Any and all losses, expenses, damages (including damages to the Work itself), attorney’s fees, and other costs, including all costs of defense which any of them may incur with respect to the failure, neglect, or refusal of Contractor to faithfully perform the Work and all of Contractor’s obligations under Contract. Such costs, expenses, and damages shall include all costs, including attorney’s fees, incurred by the indemnified parties in any lawsuit to which they are a party. 2. Contractor shall immediately defend, at Contractor’s own cost, expense and risk, with the counsel of the City choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, agents, employees and representatives. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its officials, officers, employees, agents, employees, and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse the City, its officials, officers, agents, employees, and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code section 2782. 3. The provisions of this Article shall survive the termination of this Contract howsoever caused, and no payment, partial payment, or acceptance of occupancy in whole or part of the Work shall waive or release any of the provisions of this Article. B. Insurance 1. Without limiting Contractor’s indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide, and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. 2. General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $4,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. 3. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in Page 300 of 495 Contract No. ___________ 5 Revised 01-2024 BBK 72500.00001\32374943.1 connection with Work to be performed under this Contract, 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. 4. Umbrella or Excess Liability Insurance. Contractor may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automotive liability and employer’s liability. Such policy or policies shall include the following terms and conditions: A drop-down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (a) Pay on behalf of wording as opposed to reimbursement; and (b) Concurrency of effective dates with primary policies; and (c) Policies shall “follow form” to the underlying primary policies; and (d) Insureds under primary policies shall also be insureds under the umbrella or excess policies. 5. Workers’ Compensation Insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for Contractor’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, and volunteers. 6. Fidelity Coverage. Contractor shall provide evidence of fidelity coverage on a blanket fidelity bond or other acceptable form. Limits shall be no less than $1,000,000 per occurrence. 7. Pollution Liability Insurance. Environmental Impairment Liability Insurance shall be written on a Contractor’s Pollution Liability form or other form acceptable to the City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations”. The policy shall Page 301 of 495 Contract No. ___________ 6 Revised 01-2024 BBK 72500.00001\32374943.1 provide coverage for the hauling of waste from the Project site to the final disposal location, including non-owned disposal sites. C. Other Provisions or Requirements 1. Proof of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 2. Duration of Coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees, or subcontractors. Contractor must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. The City and its officers, officials, employees, and agents shall continue as additional insureds under such policies. 3. Primary/Non-Contributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured. 4. Products/Completed Operations Coverage. Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The City, its officials, officers, agents, and employees, shall be included as additional insureds under the Products and Completed Operations coverage. 5. City’s Rights of Enforcement. In the event any policy of insurance required under this Contract does not comply with these requirements, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Contractor, or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Contract. 6. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact Page 302 of 495 Contract No. ___________ 7 Revised 01-2024 BBK 72500.00001\32374943.1 business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. 7. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, 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. 8. Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 9. Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 10. Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) Day notice of cancellation (except for nonpayment for which a ten (10) Day notice is required) or nonrenewal of coverage for each required coverage. 11. Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability policies shall provide or be endorsed to provide that the City 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. Coverage shall be at least as broad as coverage provided by ISO’s Owners, Lessees, or Contractors Additional Insured Endorsement for the ongoing (i.e. ISO Form CG 20 10 07 04) and completed operations (i.e. ISO Form CG 20 37 07 04) of Contractor. 12. 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 303 of 495 Contract No. ___________ 8 Revised 01-2024 BBK 72500.00001\32374943.1 13. Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. 14. Pass Through Clause. Contractor agrees to ensure that its sub-consultants, sub- contractors, and any other party involved with the Project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the Project will be submitted to City for review. 15. City’s Right to Revise Requirements. The City or its Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) Days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. 16. 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. 17. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Contract, and that involve or may involve coverage under any of the required liability policies. 18. Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. 19. Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. Page 304 of 495 Contract No. ___________ 9 Revised 01-2024 BBK 72500.00001\32374943.1 ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site. ARTICLE 9. FALSE CLAIMS. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [SIGNATURES ON FOLLOWING PAGE] Page 305 of 495 Contract No. ___________ 10 Revised 01-2024 BBK 72500.00001\32374943.1 SIGNATURE PAGE TO LONG FORM CONSTRUCTION AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND WESTERN STATE BUILDERS, INC. IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written. CITY OF PALM DESERT By: L. Todd Hileman City Manager Attest: By: Anthony J. Mejia City Clerk Approved as to form: By: Isra Shah Best Best & Krieger LLP City Attorney WESTERN STATE BUILDERS, INC. , A CORPORATION By: James Jared Moen President/Secretary By: Julian Moen Vice President/Treasurer Contractor’s License Number and Classification DIR Registration Number (if applicable) QC: _____ Insurance: _____ Initial Review _____ Final Approval _____ Bonds Page 306 of 495 Contract No. ___________ 11 Revised 01-2024 BBK 72500.00001\32374943.1 Attachment A Additional Federal Provisions Page 307 of 495 Contract No. ___________ 12 Revised 01-2024 BBK 72500.00001\32374943.1 Page 308 of 495 Contract No. ___________ 13 Revised 01-2024 BBK 72500.00001\32374943.1 Page 309 of 495 Page 310 of 495 Contract No. ___________ Exhibit “C” PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded to Western State Builders, Inc, (hereinafter referred to as the “Contractor”) an agreement for Palma Village Park Improvement Project (hereinafter referred to as the “Project”). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated April 25, 2024, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, Western State Builders, Inc., the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of Three Hundred Eighty-Two Thousand Dollars, ($382,000.00), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law, or equity, including, but not limited to, California Code of Civil Procedure section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option: (1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or (2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such Page 311 of 495 Contract No. ___________ bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code. [SIGNATURES ON NEXT PAGE] Page 312 of 495 Contract No. ___________ IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20____. (Corporate Seal) Contractor/ Principal By ________________________ Title_______________________________ (Corporate Seal) Surety By_________________________________ Title_______________________________ Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________. (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) (Name and Address of Agent or Representative for service of process in California, if different from above) (Telephone number of Surety and Agent or Representative for service of process in California) NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. Page 313 of 495 Contract No. ___________ NOTE: This acknowledgment is to be completed for Contractor/Principal. Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On ________________________ , 20___, before me, _______________________________, Notary Public, personally appeared ________________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. _____________________________________________ Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Title(s) Title or Type of Document Partner(s) Limited General Number of Pages Attorney-In-Fact Trustee(s) Guardian/Conservator Date of Document Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above Page 314 of 495 Contract No. ___________ NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached. Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On ____________________ , 20___, before me, _______________________________, Notary Public, personally appeared _________________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. _____________________________________________ Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Title(s) Title or Type of Document Partner(s) Limited General Number of Pages Attorney-In-Fact Trustee(s) Guardian/Conservator Date of Document Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above Page 315 of 495 Contract No. ___________ PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of Palm Desert (hereinafter designated as the “City”), by action taken or a resolution passed April 25, 2024, has awarded to Western State Builders, Inc., hereinafter designated as the “Principal,” a contract for the work described as follows: [Project name] Project (the “Project”).; and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated April 25, 2024, (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of Three Hundred Eighty-Two Thousand Dollars, ($382,000.00) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or Page 316 of 495 Contract No. ___________ attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code. [SIGNATURES ON NEXT PAGE] Page 317 of 495 Contract No. ___________ IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__. (Corporate Seal) Contractor/ Principal By ________________________ Title_______________________________ (Corporate Seal) Surety By __________________________________ Title_______________________________ Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto. NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. Page 318 of 495 Contract No. ___________ NOTE: This acknowledgment is to be completed for Contractor/Principal. Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On ____________________ , 20___, before me, _______________________________, Notary Public, personally appeared _________________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. _____________________________________________ Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Title(s) Title or Type of Document Partner(s) Limited General Number of Pages Attorney-In-Fact Trustee(s) Guardian/Conservator Date of Document Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above Page 319 of 495 Contract No. ___________ NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached. Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On ____________________ , 20___, before me, _______________________________, Notary Public, personally appeared _________________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. _____________________________________________ Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Title(s) Title or Type of Document Partner(s) Limited General Number of Pages Attorney-In-Fact Trustee(s) Guardian/Conservator Date of Document Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above Page 320 of 495 PALMA VILLAGE PARKSHADE STRUCTURE/ IMPROVEMENT PROJECT73-690 DE ANZA WAYAMERICANS WITH DISABILITIES ACT COMPLIANCEPROJECT DIRECTORYOWNER:CITY OF PALM DESERTCHRIS GERRY, PROJECT MANAGER760-776-6335EMAIL: CGERRY@PALMDESERT.GOV 73510 FRED WARING DRIVEPALM DESERT, CA, 92260LANDSCAPE ARCHITECT:IN-SITE LANDSCAPE ARCHITECTURE, INC.2907 SHELTER ISLAND DRIVE #105-417SAN DIEGO, CA 92106619-795-7603CONTACT: TIM JACHLEWSKIEMAIL: TIM@INSITELANDARCH.COMRON MORENOEMAIL: RON@INSITELANDARCH.COMGEOTECHNICAL CONSULTANT:LEIGHTON CONSULTING, INC.41945 BOARDWALK, SUITE VPALM DESERT, CA 92211PHONE; 760-776-4192CONTACT: BRENT ADAM, PG, CEGEMAIL: BADAM@LEIGHTONGROUP.COMELECTRICIANPALMER ELECTRICCONTACT: LARRY PALMER 760-797-7878INFO@PALMERELECTRICCO.COMCITY OF PALM DESERTCONSTRUCTION OBSERVATION SCHEDULEAPN NUMBERS627-143-006, 627-143-007, 627-143-008, 627-143-009SHEET INDEXDWG NO. SHEET NO. DESCRIPTION1TITLE SHEET2DEMOLITION PLAN3LANDSCAPE CONSTRUCTION PLAN4 LANDSCAPE CONSTRUCTION DETAILS5LANDSCAPE CONSTRUCTION DETAILS6LANDSCAPE CONSTRUCTION DETAILS7LANDSCAPE CONSTRUCTION DETAILS8LANDSCAPE CONSTRUCTION SPECIFICATIONS9PLANTING PLAN, PLANTING SCHEDULE, & NOTES10PLANTING DETAILS11PLANTING SPECIFICATIONS12PLANTING SPECIFICATIONS13MAINTENANCE SPECIFICATIONS14IRRIGATION PLAN, LEGEND, & NOTES15IRRIGATION DETAILS16IRRIGATION SPECIFICATIONS17IRRIGATION SPECIFICATIONS18-XSITE ELECTRICAL AND LIGHTING PLANS VICINITY MAPHOLD HARMLESS & INDEMNIFICATION CLAUSECONTRACTOR AGREES TO ASSUME SOLE RESPONSIBILITYFOR JOB SITE CONDITIONS DURING THE COURSE OFCONSTRUCTION OF THIS PROJECT, INCLUDING SAFETY OFALL PERSONS AND PROPERTY; THAT THIS REQUIREMENTSHALL APPLY CONTINUOUSLY AND NOT BE LIMITED TONORMAL WORKING HOURS, AND THAT THE CONTRACTORSHALL DEFEND, INDEMNIFY, AND HOLD THEOWNER/DEVELOPER, THE COUNTY/ CITY OF LOCALJURISDICTION AND THE LANDSCAPE ARCHITECT AND IT'SCONSULTANTS HARMLESS FROM ANY AND ALL LIABILITY REALOR ALLEGED IN CONNECTION WITH THE PERFORMANCE OFWORK ON THIS PROJECT, EXCEPTING FOR LIABILITY ARISINGFROM SOLE NEGLIGENCE OF THE OWNER/DEVELOPER,COUNTY/ CITY OF LOCAL JURISDICTION AND THE LANDSCAPEARCHITECT AND IT'S CONSULTANTS.1.ALL SLOPES SHOWN ON THIS PLAN WERE DESIGNED AT OR BELOW MAXIMUMS ALLOWED BY THE AMERICANS WITH DISABILITY ACTACCESS GUIDE (A.D.A.A.G.) IN ORDER TO ALLOW F OR CONSTRUCTION TOLERANCES. IT IS THE CONTRACTORS RESPONSIBILITY TOFAMILIARIZE THEMSELVES WITH A.D.A.A.G. AND IN THE EVENT THAT A DESIGN QUESTION SHOULD ARISE, OR A FIELD CONDITIONPRESENT ITSELF THAT IS DIFFERENT THAN SHOWN ON THESE PLANS, WORK SHOULD CEASE AND THE ENGINEER BE NOTIFIED SOTHAT AN ACCEPTABLE SOLUTION CAN BE DETERMINED.2.THE CONTRACTOR IS ADVISED TO CAREFULLY CHECK ALL PHASES OF WORK RELATING TO A.D.A.A.G. ACCESS FOR THIS PROJECT.SINCE THE CODE DOES NOT ALLOW FOR A CONSTRUCTION TOLERANCE, ANY CONSTRUCTION THAT EXCEEDS MAXIMUM ORMINIMUM DIMENSIONS AND SLOPES AS CALLED OUT BY A.D.A.A.G. ARE SUBJECT TO REJECTIONS BY THE OWNER AND MAY BEREQUIRED TO BE REMOVED AND REPLACED.3.SINCE THE CIVIL ENGINEER, LANDSCAPE ARCHITECT, OR SURVEYOR CANNOT CONTROL THE EXACT METHODS OR MEANS USED BYTHE GENERAL CONTRACTOR OR THEIR SUB-CONTRACTOR DURING GRADING AND CONSTRUCTION OF THE PROJECT, THE CIVILENGINEER, LANDSCAPE ARCHITECT, OR SURVEYOR ASSUMES NO RESPONSIBILITY FOR FINAL ACCEPTANCE OF A.D.A.A.G. RELATEDITEMS OF THIS PROJECT BY THE OWNER, ANY OTHER AUTHORITY OR OTHER AFFECTED PARTIES.COMPLIANCE WITH A.D.A.A.G. CONSTRUCTION REQUIREMENTS WILL BE THE SOLE RESPONSIBILITY OF THE GENERAL CONTRACTOR ANDTHEIR SUB-CONTRACTOR(S).CITY PLAN REVIEW SUBMITTAL DATES:10/31/23 1ST30% CD'S11/17/23 2ND90% CD'S12/12/233RD100% CD'SMANUFACTURER LEAD TIMESCONTRACTOR SHALL VERIFY LEAD TIMES WITH ALLMANUFACTURERS UPON RECEIPT OF CONTRACT ANDSHALL ORDER ALL PRODUCTS WITH AMPLE TIME TO MEETSCHEDULE.LANDSCAPE CONSTRUCTION OBSERVATIONS:1.PRE-CONSTRUCTION CONFERENCE2.CONCRETE FORMWORK AND SUB-GRADE3.CONCRETE FOOTINGS4.CONCRETE FINISH AND ELEVATIONS5.UTILITY TRENCHES6.FINAL PUNCH WALKIRRIGATION OBSERVATIONS:1.PRE-CONSTRUCTION CONFERENCE2.MAINLINE/VALVE LAYOUT3.PRESSURE LINE/WIRING INSTALLATION AND TESTING4.LATERAL LINE AND SPRINKLER INSTALLATION5.COVERAGE TEST7.FINAL PUNCH WALKPLANTING OBSERVATIONS:1.FINISH GRADING2.SOIL PREPARATION & WEED-ABATEMENT3.TREE AND SHRUB LAYOUT4.PLANT MATERIAL REVIEW5.TREE AND SHRUB LOCATIONS (IN THEIR CONTAINERS)6.FINAL GRADE PRIOR TO MULCHING OR SEEDING7.FINAL PUNCH WALK90-DAY MAINTENANCE OBSERVATIONS1.90-DAY FINAL PUNCH WALKCONTRACTOR MUST BE ON SITE FOR ALL OBSERVATIONS.AT THEIR DISCRETION, THE LANDSCAPE ARCHITECT MAY WAIVE OBSERVATIONS AND MAYINSTEAD REQUEST DIGITAL PHOTOS FROM THE CONTRACTOR.NOTIFICATION TIME7 DAYS48 HOURS48 HOURS48 HOURS48 HOURS7 DAYSNOTIFICATION TIME7 DAYS48 HOURS48 HOURS48 HOURS48 HOURS7 DAYSNOTIFICATION TIME48 HOURS48 HOURS48 HOURS48 HOURS48 HOURS48 HOURS7 DAYSNOTIFICATION TIME7 DAYSTITLE SHEET2907 Shelter Island Drive #105-417San Diego, CA 92106 619-795-7603 www.insitelandarch.comL ICENS E D L ANDSCAPE ARCHITECTSTATE OF CALI FOR NIA No. 4547Tim J achlewski JrSignatureRenewal DateDate11-30-2512-12-23DATE: 12-12-23 100% CONSTRUCTION DOCUMENTS LEGAL DESCRIPTIONLOTS 6, 7, 8, AND 9 OF BLOCK 5, PALMA VILLAGE UNIT #5 MB 020/040 O.R. RIV. CTY.Page 321 of 495 PROTECT IN PLACE EXISTING CONCRETE WALKWAYAS SHOWN0' 5' 10' 20' 30'NORTHS A N P A S C U A LDE ANZA WAYEXISTING AERIAL PHOTO2907 Shelter Island Drive #105-417San Diego, CA 92106 619-795-7603 www.insitelandarch.comL ICENS E D L ANDSCAPE ARCHITECTSTATE OF CALI FOR NIA No. 4547Tim J achlewski JrSignatureRenewal DateDate11-30-2512-12-23DATE: 12-12-23 100% CONSTRUCTION DOCUMENTSDEMOLITION PLANABCDSAWCUT EXISTING CONCRETE WALKWAY AS SHOWNTO REMAIN (@ 4 LOCATIONS), REFER TO LANDSCAPECONSTRUCTION PLAN FOR LIMITSEPROTECT IN PLACE EXISTINGLIGHTING-TYP.R 28'A.REMOVE AND LEGALLY DISPOSE OFF-SITE CONCRETEPAVEMENT (SEE NOTES REGARDING SAW CUTTINGAND PROTECTING IN PLACE PORTIONS TO REMAIN.)B.REMOVE AND SALVAGE EXISTING BENCHES (10 TOTAL),DELIVER TO CITY OF PALM DESERTC.REMOVE AND LEGALLY DISPOSE OFF-SITE EXISTINGSHRUBSD.REMOVE AND SALVAGE EXISTING LIGHTS (8 TOTAL)PER ELECTRICIAN (PALMER ELECTRIC). COORDINATESEQUENCING WITH ELECTRICIAN.E.REMOVE AND AND LEGALLY DISPOSE THE EXISTINGPINDO PALMS (6 TOTAL).DEMO. / SALVAGE CALLOUTSPROTECT IN PLACE EXISTINGSIDEWALKS-TYP.PROTECT IN PLACE EXISTINGTREES, SHRUBS, AND IRRIGATIONOUTSIDE LIMITS OF NEWWORK-TYP.1.THESE PLANS WERE PREPARED USING THE ORIGINALCONSTRUCTION PLANS PROVIDED BY THE CITY OFPLAM DESERT. THE CONTRACTOR IS RESPONSIBLEFOR VERIFYING THE ACCURACY OF THE PLANSCOMPARED TO ACTUAL FIELD CONDITIONS PRIOR TOORDERING MATERIALS AND BEGINNING WORK. IFTHERE ARE DISCREPANCIES BETWEEN THE PLANS ANDFIELD CONDITIONS, THE CONTRACTOR SHALL NOTIFYTHE LANDSCAPE ARCHITECT OF RECORD TO WORKOUT A SOLUTION AGREEABLE TO THE OWNER. IF THECONTRACTOR FAILS TO NOTIFY THE LANDSCAPEARCHITECT OF RECORD OF THE DISCREPANCIESPRIOR TO BEGINNING WORK, THE CONTRACTOR SHALLBE RESPONSIBLE FOR ANY ADDITIONAL LABOR ANDMATERIALS AS DIRECTED BY THE LANDSCAPEARCHITECT OF RECORD TO RESOLVE SUCHDISCREPANCIES AT NO ADDITIONAL COST TO THEOWNER.2.THE CONTRACTOR IS RESPONSIBLE FOR DETERMININGTHE LOCATION OF ALL UTILITIES PRIOR TO ORDERINGMATERIALS AND BEGINNING WORK. THE CONTRACTORSHALL CLEARLY MARK ALL UTILITIES AND SHALL BERESPONSIBLE FOR PRESERVING ALL UTILITIESTHROUGHOUT CONSTRUCTION. THE CONTRACTORSHALL ASSUME FULL RESPONSIBILITY FOR REPAIRINGDAMAGED UTILITIES AT NO ADDITIONAL COST TOOWNER.3.THE CONTRACTOR SHALL BE RESPONSIBLE FORREPAIRING OR REPLACING ANY EQUIPMENT ANDMATERIALS DAMAGED DURING CONSTRUCTION WITHINOR OUTSIDE THE PROJECT LIMIT OF WORK.4.THE CONTRACTOR IS RESPONSIBLE FORCOORDINATING AND VERIFYING ALL CONDUIT ANDIRRIGATION SLEEVES WITH OTHER CONSTRUCTIONTRADE CONTRACTORS.5.REFER TO SPECIFICATIONS FOR ADDITIONALREQUIREMENTS.DEMOLITION NOTESPage 322 of 495 0' 5' 10' 20' 30'NORTHS A N P A S C U A LDE ANZA WAY2907 Shelter Island Drive #105-417San Diego, CA 92106 619-795-7603 www.insitelandarch.comL ICENS E D L ANDSCAPE ARCHITECTSTATE OF CALI FOR NIA No. 4547Tim J achlewski JrSignatureRenewal DateDate11-30-2512-12-23DATE: 12-12-23 100% CONSTRUCTION DOCUMENTSLANDSCAPE CONSTRUCTION PLAN1.THESE PLANS WERE PREPARED USING THE ORIGINALCONSTRUCTION PLANS PROVIDED BY THE CITY OFPLAM DESERT. THE CONTRACTOR IS RESPONSIBLEFOR VERIFYING THE ACCURACY OF THE PLANSCOMPARED TO ACTUAL FIELD CONDITIONS PRIOR TOORDERING MATERIALS AND BEGINNING WORK. IFTHERE ARE DISCREPANCIES BETWEEN THE PLANS ANDFIELD CONDITIONS, THE CONTRACTOR SHALL NOTIFYTHE LANDSCAPE ARCHITECT OF RECORD TO WORKOUT A SOLUTION AGREEABLE TO THE OWNER. IF THECONTRACTOR FAILS TO NOTIFY THE LANDSCAPEARCHITECT OF RECORD OF THE DISCREPANCIESPRIOR TO BEGINNING WORK, THE CONTRACTOR SHALLBE RESPONSIBLE FOR ANY ADDITIONAL LABOR ANDMATERIALS AS DIRECTED BY THE LANDSCAPEARCHITECT OF RECORD TO RESOLVE SUCHDISCREPANCIES AT NO ADDITIONAL COST TO THEOWNER.2.THE CONTRACTOR IS RESPONSIBLE FOR DETERMININGTHE LOCATION OF ALL UTILITIES PRIOR TO ORDERINGMATERIALS AND BEGINNING WORK. THE CONTRACTORSHALL CLEARLY MARK ALL UTILITIES AND SHALL BERESPONSIBLE FOR PRESERVING ALL UTILITIESTHROUGHOUT CONSTRUCTION. THE CONTRACTORSHALL ASSUME FULL RESPONSIBILITY FOR REPAIRINGDAMAGED UTILITIES AT NO ADDITIONAL COST TOOWNER.3.THE CONTRACTOR SHALL BE RESPONSIBLE FORREPAIRING OR REPLACING ANY EQUIPMENT ANDMATERIALS DAMAGED DURING CONSTRUCTION WITHINOR OUTSIDE THE PROJECT LIMIT OF WORK.4.THE CONTRACTOR IS RESPONSIBLE FORCOORDINATING AND VERIFYING ALL CONDUIT ANDIRRIGATION SLEEVES WITH OTHER CONSTRUCTIONTRADE CONTRACTORS.5.REFER TO SPECIFICATIONS FOR ADDITIONALREQUIREMENTS.CONSTRUCTION NOTES1.CONCRETE PAVEMENT - INTEGRAL COLOR: DAVIS"ADOVE", FINISH: TOPCAST #003, SEE DETAIL C-012.EXPANSION JOINT, SEE DETAIL C-023.SAWCUT CONTROL JOINT, SEE DETAIL C-034.CONCRETE PAVEMENT - INTEGRAL COLOR: DAVIS"SANDSTONE", FINISH: TOPCAST #050, SEE DETAIL C-015.PICNIC TABLE-STANDARD (3 TOTAL), SEE DETAIL C-056.PICNIC TABLE-ADA (2 TOTAL), SEE DETAIL C-067.KERNEL BENCH (8 TOTAL), SEE DETAIL C-078.TRASH RECEPTACLE (2 TOTAL), SEE DETAIL C-089.BBQ GRILL (1 TOTAL), SEE DETAIL C-0910.DRINKING FOUNTAIN (1 TOTAL), SEE DETAIL C-1011.DECORATIVE ROCK MULCH WITH ALUMINUM EDGING,SEE DETAIL C-1112.SHADE STRUCTURE (1 TOTAL), SEE DETAIL C-12CONSTRUCTION CALLOUTSLIGHT BOLLARD-(6 LOCATIONS),COORDINATE WITH PALMERELECTRIC11734591812102EXISTING PORTION OFSIDEWALK TO REMAINPER DEMO PLAN6R28'R35'-6"R20'R13'R6'NOTE: CONTRACTOR TO COORDINATEOVERHEAD LIGHTING IN PAVILIONSTRUCTURE. PROVIDE STUB-OUTS ASNEEDED.CONTRACTOR TO COORDINATEOVERHEAD LIGHTING IN PAVILIONSTRUCTURE. PROVIDESTUB-OUTS AS NEEDED.Page 323 of 495 2907 Shelter Island Drive #105-417San Diego, CA 92106 619-795-7603 www.insitelandarch.comL ICENS E D LANDSCAPE ARCHITECTSTATE OF CALI FOR N IA No. 4547Tim J achlewski JrSignatureRenewal DateDate11-30-2512-12-23DATE: 12-12-23 100% CONSTRUCTION DOCUMENTSLANDSCAPE CONSTRUCTION DETAILS1.PLANTING AREA - TOP OF MULCH 1/2" LOWER THANCONCRETE FINISH GRADE (OR FLUSH IF STABILIZED D.G.)2.1/2" RADIUS3.CAST-IN-PLACE CONCRETE SLAB, SEE PLANS FOR FINISHAND COLOR4.#3 REBAR @ 18" O.C. BOTH WAYS, CENTERED IN SLAB5.SUBGRADE PREPARATION AND COMPACTION PERGEOTECHNICAL ENGINEERING REPORTCONCRETE PAVEMENT PEDESTRIAN APPLICATIONSCALE: 1 1/2" = 1'-0"C-013.4.5.1.2.4"2"3" CLR.1.CAST-IN-PLACE CONCRETE PAVING, 14" RADIUS AT JOINT2.JOINT SEALANT, SIKAFLEX-2C NS TG OR APPROVED EQUAL,COLOR TO MATCH PAVEMENT, INSTALL PER MANUFACTURER'SREQUIREMENTS, APPLY LIGHT SILICA SAND FINISH FOLLOWINGINSTALLATION3.COMPRESSIBLE FELT JOINT FILLER (FULL DEPTH OF PAVEMENT,JOINT SHALL BE STRAIGHT AND TRUE)4.12" LONG #3 STEEL DOWELS 24" O.C., SLEEVE OR GREASE ONEEND, (OMIT DOWELS AT SITE AND BUILDING WALLS UNLESSREQUIRED BY GEOTECHNICAL ENGINEERING REPORT)NOTE: IF NEW CONCRETE IS PLACED AGAINST EXISTING CONCRETE,CORE DRILL EXISTING CONCRETE TO SET STEEL DOWELSEXPANSION JOINTIN CONCRETE PAVEMENTSCALE: 3" = 1'-0"C-021.2.3.4.12"1.SAWCUT SCORE JOINT, STRAIGHT AND TRUE2.CAST-IN-PLACE CONCRETE PAVINGNOTE: SAWCUTTING SHALL BE COMPLETED AFTER CONCRETECAN SUPPORT EQUIPMENT FOR A CLEAN CUT, BUT BEFORESHRINKAGE CRACKING OCCURSSAWCUT CONTROL JOINT (1/8")IN CONCRETE PAVEMENTSCALE: 3" = 1'-0"C-031.2.1/8"11 2" 1/2" TO TOP OF DECORATIVE ROCK MULCH/1" AT TURF AREAS PROJECT NAMEPLAN TYPEPRODUCTFILE NO.DRAWN BY:DATESCALEOFSHEETQC ITEM NO.PC. NO.CONSTRUCTION PLANQ-LBT102PTADA | PICNIC TABLE | LBT ADA11----3/8" = 1'11/17/2323016-PLOT-C-CONSTAuthorized Signature DateBy signing above or stamping this drawing “approved” or “no exception taken” authorizationis give to QCP to produce this drawing as shown within a 1/4” tolerance.(CUSTOMER TO OFFLOAD IF OVER 6000 Lbs.)GENERAL PRODUCT NOTES:MANUFACTURING TOLERANCE ±1/4".ALL EDGES TO BE EASED.INSTALLATION IS REQUIRED BY OTHERS. CONCRETE TEXTURE: CONCRETE COLOR:WEIGHT:NATURALMISSION WHITEFRENCH GREYCRAFTSMANS ETCHSTRATALATTEPRODUCT:QUANTITY: SEALER:CUSTOMHONEDQ-LBT102PTADA PERMASHIELD 4200 SEALER2,615 lbs.5,000 P.S.I. CONCRETEDISABLED ACCESS COMPLIANTREINFORCED W/REBAR & NYLON FIBERS5 YR GUARANTEEPLAN VIEWELEVATION VIEWSIDE VIEWPROJECT NAMEPLAN TYPEPRODUCTFILE NO.DRAWN BY:DATESCALEOFSHEETQC ITEM NO.PC. NO.CONSTRUCTION PLANQ-LBT96PT | PICNIC TABLE | LBT11----3/8" = 1'11/17/2323016-PLOT-C-CONSTAuthorized Signature DateBy signing above or stamping this drawing “approved” or “no exception taken” authorizationis give to QCP to produce this drawing as shown within a 1/4” tolerance.(CUSTOMER TO OFFLOAD IF OVER 6000 Lbs.)GENERAL PRODUCT NOTES:MANUFACTURING TOLERANCE ±1/4".ALL EDGES TO BE EASED.INSTALLATION IS REQUIRED BY OTHERS. CONCRETE TEXTURE: CONCRETE COLOR:WEIGHT:NATURALMISSION WHITEFRENCH GREYCRAFTSMANS ETCHSTRATALATTEPRODUCT:QUANTITY: SEALER:CUSTOMHONEDQ-LBT96PT PERMASHIELD 4200 SEALER2,707 lbs.REINFORCED W/REBAR & NYLON FIBERSDISABLED ACCESS COMPLIANT5 YEAR GUARANTEEPLAN VIEWELEVATION VIEWSECTION VIEWC-05PICNIC TABLESTANDARDSCALE: N.T.S.XXXC-06PICNIC TABLEA.D.ASCALE: N.T.S.XXXPROJECT NAMEPLAN TYPEPRODUCTFILE NO.DRAWN BY:DATESCALEOFSHEETQC ITEM NO.PC. NO.CONSTRUCTION PLANQ2-KERNEL-L | SEATING | KERNAL----1/2" = 1'11/17/2323016-PLOT-C-CONSTAuthorized Signature DateBy signing above or stamping this drawing “approved” or “no exception taken” authorizationis give to QCP to produce this drawing as shown within a 1/4” tolerance.(CUSTOMER TO OFFLOAD IF OVER 6000 Lbs.)GENERAL PRODUCT NOTES:MANUFACTURING TOLERANCE ±1/4".ALL EDGES TO BE EASED.INSTALLATION IS REQUIRED BY OTHERS. CONCRETE TEXTURE: CONCRETE COLOR:WEIGHT:NATURALMISSION WHITEFRENCH GREYCRAFTSMANS ETCHSTRATALATTEPRODUCT:QUANTITY: SEALER:CUSTOM: _______HONEDQ2-KERNEL-L PERMASHIELD 4200 SEALER1050 lbs.ANCHORING METHOD BY OTHERSPLAN VIEWELEVATION VIEWSECTION VIEWBOTTOM VIEWC-07KERNEL BENCHSCALE: N.T.S.XXXC-08TRASH RECEPTACLESCALE: N.T.S.XXXPROJECT NAMEPLAN TYPEPRODUCTFILE NO.DRAWN BY:DATESCALEOFSHEETQC ITEM NO.PC. NO.CONSTRUCTION PLANQS-ELEV2436W-Z22 | WASTE CONT. | ELEVAIRE11----3/4" = 1'11/17/2323016-PLOT-C-CONSTAuthorized Signature DateBy signing above or stamping this drawing “approved” or “no exception taken” authorizationis give to QCP to produce this drawing as shown within a 1/4” tolerance.LID MATERIAL:ALUMINUMSTEELLID COLORS:BLACKGRAYBROWNBLUE(CUSTOMER TO OFFLOAD IF OVER 6000 Lbs.)GENERAL PRODUCT NOTES:MANUFACTURING TOLERANCE ±1/4".ALL EDGES TO BE EASED.INSTALLATION IS REQUIRED BY OTHERS. CONCRETE TEXTURE: CONCRETE COLOR:WEIGHT:NATURALMISSON WHITEFRENCH GREYSANDSTONEGFRC HONEDLATTEPRODUCT:QUANTITY: SEALER:CUSTOMQS-ELEV2436W-Z22 PERMASHIELD 4200 SEALER191 lbs.ULTRALIGHTPLAN VIEWELEVATION VIEWSECTION VIEWPERMASHIELD 5300 SEALER(LOW GLOSS ANTI-GRAFFITI)PERMASHIELD 5300 SEALER(LOW GLOSS ANTI-GRAFFITI)PERMASHIELD 5300 SEALER(LOW GLOSS ANTI-GRAFFITI)PERMASHIELD 5300 SEALER(LOW GLOSS ANTI-GRAFFITI)Page 324 of 495 2907 Shelter Island Drive #105-417San Diego, CA 92106 619-795-7603 www.insitelandarch.comL ICENS E D L ANDSCAPE ARCHITECTSTATE OF CALI FOR NIA No. 4547Tim J achlewski JrSignatureRenewal DateDate11-30-2512-12-23DATE: 12-12-23 100% CONSTRUCTION DOCUMENTSLANDSCAPE CONSTRUCTION DETAILSDECORATIVE ROCKWITH ALUMINUM EDGE RESTRAINTSCALE: 1 1/2" = 1'-0"C-11ISOMETRIC VIEWNOTE:CUT BASE EDGING UP HALFWAY TO FORM CONTINUOUS CORNERS AND COMPACTSOIL ON EACH SIDE OF EDGING TO PREVENT SETTLEMENT.3"-4" MIN.1.DECORATIVE ROCK - SOUTHWEST BOULDER AND STONE "COPPERCANYON CRUSHED ROCK" 1 -4"2.PERMALOC CLEANLINE 3/16" x 5.5" ALUMINUM LANDSCAPE EDGING(WHEN DECORATIVE ROCK IS ADJACENT TO PLANTING AREA),COLOR: 'BRONZE DURAFLEX', INSTALL WITH STAKES PERMANUFACTURER'S INSTALLATION GUIDELINES. TOP OF EDGINGSHALL BE FLUSH WITH FINISH SURFACE OF ROCK3.12" STAKE (5) PER 16' SECTION, INSTALL IN PRE-FORMED LOOPSWITHIN EDGING1.2.3.EDGE RESTRAINTMODEL 440 SMSHOWN W/ OPTIONAL SS SURFACE CARRIER, PFCADdetails.com23016-PLOT-C-CONSTPROTECTED BY COPYRIGHT ©2023 CADDETAILS.COM LTD.REVISION DATE 12/12/2023MOST DEPENDABLEFOUNTAINS,INC.MOST DEPENDABLE FOUNTAINS, INC.5705 COMMANDER DR. P.O. BOX 587ARLINGTON, TN 38002-0587PHONE: (901) 867-0039www.mostdependable.com10" I.D.ATTACHED PET FOUNDATIONON OPPOSITE SIDE ASSHOWN BELOW (TOP VIEW)40"2", 3", OR 4" OPEN HUB DRAIN IFPOSSIBLE OR RIGID CONNECTIONTOP VIEWBY OTHERS27"OPTIONAL INTERNALSURFACE CARRIER6" 32" H.C. HEIGHT 4"1/2" X 12" ZINCPLATED ROD8 1/2"18"5" 7 3/4"3/8" NYLON REINFORCEDNYLONBRAID TUBING W/ 1/2" MIP(WATER SUPPLY)4-STAINLESS STEEL1/4-20 SS TORXBOLT W/ PINACCESSDOOR1 1/2" PVCM.D.F.NOTES:1.MEETS ADA REGULATIONS.2.OPTIONAL STAINLESS STEEL SURFACE CARRIER RECOMMENDED.3.SHOWN WITH OPTIONAL 10 STAINLESS STEEL SURFACE CARRIER, ATTACHED PET FOUNTAIN.4. INSTALLATION TO BE COMPLETED IN ACCORDANCE WITH MANUFACTURER'S SPECIFICATIONS.5. DO NOT SCALE DRAWING.6. THIS DRAWING IS INTENDED FOR USE BY ARCHITECTS, ENGINEERS, CONTRACTORS, CONSULTANTS AND DESIGN PROFESSIONALSFOR PLANNING PURPOSES ONLY. THIS DRAWING MAY NOT BE USED FOR CONSTRUCTION.7. ALL INFORMATION CONTAINED HEREIN WAS CURRENT AT THE TIME OF DEVELOPMENT BUT MUST BE REVIEWED AND APPROVED BYTHE PRODUCT MANUFACTURER TO BE CONSIDERED ACCURATE.8. CONTRACTOR'S NOTE: FOR PRODUCT AND COMPANY INFORMATION VISIT www.CADdetails.com/info AND ENTERREFERENCE NUMBER 3354-1.51.PET FOUNTAINWATER2", 3" OR 4" OPEN HUB DRAINDRINKING FOUNTAINSCALE: N.T.S.C-10BBQ GRILLSCALE: N.T.S.C-09Page 325 of 495 LANDSCAPE CONSTRUCTION DETAILSSHADE STRUCTURESCALE: N.T.S.C-12CONTRACTOR SHALL OBTAINSEALED ENGINEERED SHOPDRAWINGS FROM THEMANUFACTURER FOR PERMITAND CONSTRUCTION.FRAME COLOR: T.B.DROOF COLOR: T.B.D2907 Shelter Island Drive #105-417San Diego, CA 92106 619-795-7603 www.insitelandarch.comL ICENS E D L ANDSCAPE ARCHITECTSTATE OF CALI FOR NIA No. 4547Tim J achlewski JrSignatureRenewal DateDate11-30-2512-12-23DATE: 12-12-23 100% CONSTRUCTION DOCUMENTSPage 326 of 495 2907 Shelter Island Drive #105-417San Diego, CA 92106 619-795-7603 www.insitelandarch.comL ICENS E D L ANDSCAPE ARCHITECTSTATE OF CALI FOR NIA No. 4547Tim J achlewski JrSignatureRenewal DateDate11-30-2512-12-23DATE: 12-12-23 100% CONSTRUCTION DOCUMENTSLANDSCAPE CONSTRUCTION DETAILSSHADE STRUCTURESCALE: N.T.S.C-12CONTRACTOR SHALL OBTAIN SEALEDENGINEERED SHOP DRAWINGS FROMTHE MANUFACTURER FOR PERMITAND CONSTRUCTIONPage 327 of 495 2907 Shelter Island Drive #105-417San Diego, CA 92106 619-795-7603 www.insitelandarch.comL ICENS E D L ANDSCAPE ARCHITECTSTATE OF CALI FOR NIA No. 4547Tim J achlewski JrSignatureRenewal DateDate11-30-2512-12-23DATE: 12-12-23 100% CONSTRUCTION DOCUMENTSLANDSCAPE CONSTRUCTION SPECIFICATIONSSECTION 321313 - CONCRETE PAVINGPART 1 - GENERAL1.01RELATED DOCUMENTA.Drawings and general provisions of the Contract, including General and SupplementaryConditions and Division 01 Specification Sections, apply to this Section1.02SUMMARYA.Section Includes:1.Concrete pavement - pedestrian applications2.Concrete pavement -vehicular applicationsB.Related Sections1.Division 03 Section “Cast-in-Place Concrete” for general construction applicationsof concrete.1.03DEFINITIONSA.Cementitious Materials: Portland cement alone or in combination with one or more ofblended hydraulic cement, fly ash and other pozzolans, and ground granulatedblast-furnace slag.1.04SUBMITTALSA.Product Data: For each type of product indicated in PDF format.B.Other Action Submittals:1.Design Mixtures: For each concrete paving mixture. Include alternate designmixtures when characteristics of materials, Project conditions, weather, test results,or other circumstances warrant adjustments in PDF formatC.Qualification Data: For qualified ready-mix concrete manufacturer and testing agency inPDF format.D.Material Certificates: For the following, from manufacturer in PDF format:1.Cementitious materials.2.Steel reinforcement and reinforcement accessories.3.Fiber reinforcement.4.Admixtures.5.Curing compounds.6.Applied finish materials.7.Bonding agent or epoxy adhesive.8.Joint fillers.E.Material Test Reports: For each of the following in PDF format1.Aggregates.F.Field quality-control reports in PDF format.1.05QUALITY ASSURANCEA.Ready-Mix-Concrete Manufacturer Qualifications: A firm experienced in manufacturingready-mixed concrete products and that complies with ASTM C 94/C 94M requirementsfor production facilities and equipment.1.Manufacturer certified according to NRMCA's “Certification of Ready MixedConcrete Production Facilities” (Quality Control Manual - Section 3, “PlantCertification Checklist”).B.Testing Agency Qualifications: Qualified according to ASTM C 1077 and ASTM E 329for testing indicated.1.Personnel conducting field tests shall be qualified as ACI Concrete Field TestingTechnician, Grade 1, according to ACI CP-1 or an equivalent certification program.C.Concrete Testing Service: Engage a qualified testing agency to perform materialevaluation tests and to design concrete mixtures.D.ACI Publications: Comply with ACI 301 (ACI 301M) unless otherwise indicated.E.Mockups:1.Build mockups of full-thickness sections of concrete paving to demonstrate typicaljoints; surface finish, texture, and color; curing; and standard of workmanship.2.Build mockups of concrete paving in the location and of the size indicated or, if notindicated, build mockups where directed by Landscape Architect and not less than48 inches (1200 mm) by 48 inches (1200 mm).3.Approval of mockups does not constitute approval of deviations from the ContractDocuments contained in mockups unless Landscape Architect specifically approvessuch deviations in writing.4.Approved mockups may become part of the completed Work if undisturbed at timeof Substantial Completion.F.Pre-installation Conference: Conduct conference at Project site.1.Review methods and procedures related to concrete paving, including but notlimited to, the following:a.Concrete mixture design.b.Quality control of concrete materials and concrete paving constructionpractices.2.Require representatives of each entity directly concerned with concrete paving toattend, including the following:a.Contractor's superintendent.b.Concrete paving subcontractor.1.06PROJECT CONDITIONSA.Traffic Control: Maintain access for vehicular and pedestrian traffic as required for otherconstruction activities.1.07REFERENCESA.Geotechnical Report: A Geotechnical Report has been prepared for this project and isavailable for the Contractor's review. The Contractor is required to review the findingsand recommendations prior to beginning any work on the project.PART 2 - PRODUCTS2.01FORMSA.Form Materials: Plywood, metal, metal-framed plywood, or other approved panel-typematerials to provide full-depth, continuous, straight, and smooth exposed surfaces.1.Use flexible or uniformly curved forms for curves with a radius of 100 feet (30.5 m)or less. Do not use bent forms.B.Form-Release Agent: Commercially formulated form-release agent that will not bondwith, stain, or adversely affect concrete surfaces and that will not impair subsequenttreatments of concrete surfaces.2.02STEEL REINFORCEMENTA.Recycled Content: Provide steel reinforcement with an average recycled content of steelso postconsumer recycled content plus one-half of preconsumer recycled content is notless than 25 percent.B.Reinforcing Bars: ASTM A 615/A 615M, Grade 60 (Grade 420); deformed.C.Joint Dowel Bars: ASTM A 615/A 615M, Grade 60 (Grade 420) plain-steel bars(galvanized) after fabrication according to ASTM A 767/A 767M, Class I coating. Cutbars true to length with ends square and free of burrs.D.Hook Bolts: ASTM A 307, Grade A (ASTM F 568M, Property Class 4.6), internally andexternally threaded. Design hook-bolt joint assembly to hold coupling against pavingform and in position during concreting operations, and to permit removal without damageto concrete or hook bolt.E.Bar Supports: Bolsters, chairs, spacers, and other devices for spacing, supporting, andfastening reinforcing bars, welded wire reinforcement, and dowels in place. Manufacturebar supports according to CRSI's "Manual of Standard Practice" from steel wire, plastic,or precast concrete of greater compressive strength than concrete specified, and asfollows:1.Equip wire bar supports with sand plates or horizontal runners where base materialwill not support chair legs.2.For epoxy-coated reinforcement, use epoxy-coated or otherdielectric-polymer-coated wire bar supports.F.Epoxy Repair Coating: Liquid, two-part, epoxy repair coating, compatible with epoxycoating on reinforcement.G.Zinc Repair Material: ASTM A 780.2.03CONCRETE MATERIALSA.Cementitious Material: Use the following cementitious materials, of same type, brand,and source throughout Project:1.Portland Cement: ASTM C 150, gray Portland cement Type per geotechnicalengineering report.B.Normal-Weight Aggregates: ASTM C 33, uniformly graded. Provide aggregates from asingle source.1.Maximum Coarse-Aggregate Size: ¾ inch (19 mm) nominal.2.Fine Aggregate: Free of materials with deleterious reactivity to alkali in cement.C.Water: Potable and complying with ASTM C 94/C 94M.D.Air-Entraining Admixture: ASTM C 260.E.Chemical Admixtures: Admixtures certified by manufacturer to be compatible withother admixtures and to contain not more than 0.1 percent water-soluble chloride ions bymass of cementitious material.1.Water-Reducing Admixture: ASTM C 494/C 494M, Type A.2.Retarding Admixture: ASTM C 494/C 494M, Type B.3.Water-Reducing and Retarding Admixture: ASTM C 494/C 494M, Type D.4.High-Range, Water-Reducing Admixture: ASTM C 494/C 494M, Type F.5.High-Range, Water-Reducing and Retarding Admixture: ASTM C 494/C 494M,Type G.6.Plasticizing and Retarding Admixture: ASTM C 1017/C 1017M, Type II.F.Color Admixture (Integral): ASTM C 979, synthetic mineral-oxide pigments or coloredwater-reducing admixtures; color stable, nonfading, and resistant to lime and otheralkalis.1.Manufacturers: Subject to compliance with requirements, available manufacturersoffering products that may be incorporated into the Work include, but are notlimited to, the following:a.Davis Colors.b.Scofield Colorsc.Approved equal2.Color: As indicated on drawings.3.Curing and Sealer: Davis Colors - W-1000 Clear Cure and Seal or approved equal.G.Color Hardener (Dry Shake): ASTM C 979, synthetic mineral-oxide pigments or coloredpowdered, cementitious material; color stable, nonfading, and resistant to lime and otheralkalis.1.Manufacturers: Subject to compliance with requirements, available manufacturersoffering products that may be incorporated into the Work include, but are notlimited to, the following:a.Scofield Colorsb.Approved equal2.Color: As indicated on drawings.3.Curing and Sealer: L.M. Scofield - Cureseal-S (Matte) or approved equal.H.Sealer for Natural Gray Concrete:1.Manufacturer: Glaze N Seal Penetrating Sealer Multi-Purpose or approved equal(no gloss, non-slip finish).I.Sealer for Seeded Aggregate Concrete:1.Manufacturer: Glaze N Seal Penetrating Sealer Multi-Purpose or approved equal(no gloss, non-slip finish).J.Surface Retarder:1.Water based, top-surface retarder for concrete paving. Retarder provides varyinggrades of etching from acid etch to heavy/deep etch. Manufacturer: GraceTop-Cast or approved equal.2.04CURING MATERIALSA.Natural gray concrete shall be cured with a liquid curing compound complying with therequirements of ASTM C 309. The curing compound shall be Type 1-D and applied inaccordance with the manufacturer's requirements.B.Colored concrete shall be cured with a liquid curing compound complying with the requirements of ASTM C 309. The curing compound shall be applied in accordancewith the approved concrete color manufacturer's requirements.2.05RELATED MATERIALSA.Expansion Joint Fillers: ASTM D 1751, asphalt-saturated cellulosic fiber in preformedstrips.B.Polyurethane Elastomeric Sealant: Two-component, traffic grade expansion joint sealantmeeting ASTM C 920. Sealant shall be Sikaflex - 2c NS TG or approved equal. Color tomatch adjacent paving. Install per manufacturer's requirements and plan detail.C.Concrete Doweling System: 100 percent recycled polypropolene, compressibility ASTMD 695. Doweling system shall be “Speed Dowel” by Greenstreak Group, Inc. orapproved equal. Install per manufacturer's requirements.D.Micro-Reinforcement Fibers: Micro-Reinforcement Fibers are required in the concretemix. Manufacturer: SI Concrete Systems, Fibermesh 150 or approved equal.Application rate per manufacturer's requirements.2.06CONCRETE MIXTURESA.Prepare design mixtures, proportioned according to ACI 301 (ACI 301M), for each typeand strength of normal-weight concrete, and as determined by either laboratory trialmixtures or field experience.1.Use a qualified independent testing agency for preparing and reporting proposedconcrete design mixtures for the trial batch method.2.When automatic machine placement is used, determine design mixtures and obtainlaboratory test results that meet or exceed requirements.B.Proportion mixtures to provide normal-weight concrete with the following properties:1.Compressive Strength (28 Days): 3000 psi (20.7 MPa).2.Maximum Water-Cementitious Materials Ratio at Point of Placement: perGeotechnical Engineering Report.3.Slump Limit: 4 inches (100 mm), plus or minus 1 inch (25 mm).C.Add air-entraining admixture at manufacturer's prescribed rate to result in normal-weightconcrete at point of placement.D.Chemical Admixtures: Use admixtures according to manufacturer's written instructions.Retain both subparagraphs below if required; revise to suit Project.1.Use in concrete as required for placement and workability.2.Use water-reducing and retarding admixture when required by high temperatures,low humidity, or other adverse placement conditions.E.Cementitious Materials: Limit percentage by weight of cementitious materials other thanportland cement according to ACI 301 (ACI 301M) requirements as follows:1.Fly Ash or Pozzolan: 25 percent.2.Ground Granulated Blast-Furnace Slag: 50 percent.3.Combined Fly Ash or Pozzolan, and Ground Granulated Blast-Furnace Slag: 50percent, with fly ash or pozzolan not exceeding 25 percent.F.Color Admixture: Add color admixture to concrete mixture according to manufacturer'swritten instructions and to result in hardened concrete color consistent with approvedmockup.2.07CONCRETE MIXINGA.Ready-Mixed Concrete: Measure, batch, and mix concrete materials and concreteaccording to ASTM C 94/C 94M. Furnish batch certificates for each batch dischargedand used in the Work.1.When air temperature is between 85 and 90 deg F (30 and 32 deg C), reduce mixingand delivery time from 1-1/2 hours to 75 minutes; when air temperature is above 90deg F (32 deg C), reduce mixing and delivery time to 60 minutes.B.Project-Site Mixing: Measure, batch, and mix concrete materials and concrete accordingto ASTM C 94/C 94M. Mix concrete materials in appropriate drum-type batch machinemixer.1.For concrete batches of 1 cu. Yd. (0.76 cu. M) or smaller, continue mixing at least1-1/2 minutes, but not more than 5 minutes after ingredients are in mixer, beforeany part of batch is released.2.For concrete batches larger than 1 cu. Yd. (0.76 cu. M), increase mixing time by 15seconds for each additional 1 cu. Yd. (0.76 cu. M).3.Provide batch ticket for each batch discharged and used in the Work, indicatingProject identification name and number, date, mixture type, mixing time, quantity,and amount of water added.PART 3 - EXECUTION3.01EXAMINATIONA.Examine exposed subgrades and subbase surfaces for compliance with requirements fordimensional, grading, and elevation tolerances.B.Proof-roll prepared subbase surface below concrete paving to identify soft pockets andareas of excess yielding.1.Completely proof-roll subbase in one direction and repeat in perpendiculardirection. Limit vehicle speed to 3 mph (5 km/h).2.Proof-roll with a pneumatic-tired and loaded, 10-wheel, tandem-axle dump truckweighing not less than 15 tons (13.6 tonnes).3.Correct subbase with soft spots and areas of pumping or rutting exceeding depth of½ inch (13 mm) according to requirements in Division 31 Section “Earth Moving.”C.Proceed with installation only after unsatisfactory conditions have been corrected.3.02PREPARATIONA.Remove loose material from compacted subbase surface immediately before placingconcrete.3.03EDGE FORMS AND SCREED CONSTRUCTIONA.Set, brace, and secure edge forms, bulkheads, and intermediate screed guides to requiredlines, grades, and elevations. Install forms to allow continuous progress of work and soforms can remain in place at least 24 hours after concrete placement.B.Clean forms after each use and coat with form-release agent to ensure separation fromconcrete without damage.3.04STEEL REINFORCEMENTA.General: Comply with CRSI's “Manual of Standard Practice” for fabricating, placing,and supporting reinforcement.B.Clean reinforcement of loose rust and mill scale, earth, ice, or other bond-reducingmaterials.C.Arrange, space, and securely tie bars and bar supports to hold reinforcement in positionduring concrete placement. Maintain minimum cover to reinforcement.D.Zinc-Coated Reinforcement: Use galvanized-steel wire ties to fasten zinc-coatedreinforcement. Repair cut and damaged zinc coatings with zinc repair material.E.Epoxy-Coated Reinforcement: Use epoxy-coated steel wire ties to fasten epoxy-coatedreinforcement. Repair cut and damaged epoxy coatings with epoxy repair coatingaccording to ASTM D 3963/D 3963M.F.Install fabricated bar mats in lengths as long as practicable. Handle units to keep themflat and free of distortions. Straighten bends, kinks, and other irregularities, or replaceunits as required before placement. Set mats for a minimum 2-inch (50-mm) overlap ofadjacent mats.3.05JOINTSA.General: Form construction, expansion, and control joints and tool edges true to line,with faces perpendicular to surface plane of concrete. Construct transverse joints at rightangles to centerline unless otherwise indicated.1.When joining existing paving, place transverse joints to align with previouslyplaced joints unless otherwise indicated.B.Construction Joints: Set construction joints at side and end terminations of paving and atlocations where paving operations are stopped for more than one-half hour unless pavingterminates at isolation joints.1.Continue steel reinforcement across construction joints unless otherwise indicated.Do not continue reinforcement through sides of paving strips unless otherwiseindicated.2.Provide tie bars at sides of paving strips where indicated.3.Butt Joints: Use bonding agent at joint locations where fresh concrete is placedagainst hardened or partially hardened concrete surfaces.4.Keyed Joints: Provide preformed keyway-section forms or bulkhead forms withkeys unless otherwise indicated. Embed keys at least 1-1/2 inches (38 mm) intoconcrete.5.Doweled Joints: Install dowel bars and support assemblies at joints whereindicated. Lubricate or coat with asphalt one-half of dowel length to preventconcrete bonding to one side of joint.C.Expansion Joints: Form expansion joints of preformed joint-filler strips and sealantabutting concrete curbs, catch basins, manholes, inlets, structures, other fixed objects,and where indicated on the drawings.1.Locate expansion joints at intervals as indicated on drawings.2.Extend joint fillers full width and depth of joint.3.Terminate joint filler not less than ½ inch (13 mm) or more than 1 inch (25 mm)below finished surface if joint sealant is indicated.4.Place top of joint filler flush with finished concrete surface if joint sealant is notindicated.5.Furnish joint fillers in one-piece lengths. Where more than one length is required,lace or clip joint-filler sections together.6.During concrete placement, protect top edge of joint filler with metal, plastic, orother temporary preformed cap. Remove protective cap after concrete has beenplaced on both sides of joint.D.Control Joints: Form weakened-plane contraction control joints, sectioning concrete intoareas as indicated. Construct contraction control joints for a depth equal to at leastone-fourth of the concrete thickness, as follows:1.Sawed Joints: Form contraction joints with power saws equipped with shatterproofabrasive or diamond-rimmed blades. Cut 1/8-inch- (3-mm-) wide joints intoconcrete when cutting action will not tear, abrade, or otherwise damage surface andbefore developing random contraction cracks.a.Tolerance: Ensure that sawed joints are within 3 inches (75 mm) either wayfrom centers of dowels.2.Doweled Contraction Joints: Install dowel bars and support assemblies at jointswhere indicated. Lubricate or coat with asphalt one-half of dowel length to preventconcrete bonding to one side of joint.E.Edging: After initial floating, tool edges of paving, gutters, curbs, and joints in concretewith an edging tool to a radius as indicated on the drawings. Repeat tooling of edgesafter applying surface finishes. Eliminate edging-tool marks on concrete surfaces.3.06CONCRETE PLACEMENTA.Before placing concrete, inspect and complete formwork installation, steel reinforcement,and items to be embedded or cast-in.B.Remove snow, ice, or frost from subbase surface and steel reinforcement before placingconcrete. Do not place concrete on frozen surfaces.C.Moisten subbase to provide a uniform dampened condition at time concrete is placed.Do not place concrete around manholes or other structures until they are at requiredfinish elevation and alignment.D.Comply with ACI 301 (ACI 301M) requirements for measuring, mixing, transporting,and placing concrete.E.Do not add water to concrete during delivery or at Project site. Do not add water to freshconcrete after testing.F.Deposit and spread concrete in a continuous operation between transverse joints. Do notpush or drag concrete into place or use vibrators to move concrete into place.G.Consolidate concrete according to ACI 301 (ACI 301M) by mechanical vibratingequipment supplemented by hand spading, rodding, or tamping.1.Consolidate concrete along face of forms and adjacent to transverse joints with aninternal vibrator. Keep vibrator away from joint assemblies, reinforcement, or sideforms. Use only square-faced shovels for hand spreading and consolidation.Consolidate with care to prevent dislocating reinforcement, dowels, and jointdevices.H.Screed paving surface with a straightedge and strike off.I.Commence initial floating using bull floats or darbies to impart an open-textured anduniform surface plane before excess moisture or bleed water appears on the surface. Donot further disturb concrete surfaces before beginning finishing operations or spreadingsurface treatments.J.Curbs and Gutters: Use design mixture for automatic machine placement. Produce curbsand gutters to required cross section, lines, grades, finish, and jointing.K.Slip-Form Paving: Use design mixture for automatic machine placement. Producepaving to required thickness, lines, grades, finish, and jointing.1.Compact subbase and prepare subgrade of sufficient width to prevent displacementof slip-form paving machine during operations.L.Cold-Weather Placement: Protect concrete work from physical damage or reducedstrength that could be caused by frost, freezing, or low temperatures. Comply withACI 306.1 and the following:1.When air temperature has fallen to or is expected to fall below 40 deg F (4.4deg C), uniformly heat water and aggregates before mixing to obtain a concretemixture temperature of not less than 50 deg F (10 deg C) and not more than 80deg F (27 deg C) at point of placement.2.Do not use frozen materials or materials containing ice or snow.3.Do not use calcium chloride, salt, or other materials containing antifreeze agents orchemical accelerators unless otherwise specified and approved in design mixtures.M.Hot-Weather Placement: Comply with ACI 301 (ACI 301M) and as follows whenhot-weather conditions exist:1.Cool ingredients before mixing to maintain concrete temperature below 90 deg F(32 deg C) at time of placement. Chilled mixing water or chopped ice may be usedto control temperature, provided water equivalent of ice is calculated in totalamount of mixing water. Using liquid nitrogen to cool concrete is Contractor'soption.2.Cover steel reinforcement with water-soaked burlap so steel temperature will notexceed ambient air temperature immediately before embedding in concrete.3.Fog-spray forms, steel reinforcement, and subgrade just before placing concrete.Keep subgrade moisture uniform without standing water, soft spots, or dry areas.3.07SPECIAL FINISHESA.Medium Broom Finish in paving surface as follows:1.Uniformly broom finish the concrete perpendicular to the direction of travel tocreate a uniform broom texture.2.Provide a 4'x4' mock-up of color and finish for approval prior to installation.B.Heavy Broom Finish in paving surface as follows:1.Uniformly broom finish the concrete perpendicular to the direction of travel tocreate a uniform broom texture.2.Provide a 4'x4' mock-up of color and finish for approval prior to installation.C.Seeded Aggregate Finish in paving surface as follows:1.Stones for the surface of the paving shall be hand seeded so as to produce an evencoverage of stones.2.Provide a 4'x4' mock-up of color and finish for approval prior to installation.D.Retarder Finish in paving surface as follows:1.Uniformly remove the cement film to a sand surface level according tomanufacturer's instructions.2.Finish surface should resemble a natural sandstone surface.3.Provide a 4'x4' mock-up of color and finish for approval prior to installation.E.Exposed Aggregate Finish in paving surface as follows:1.Uniformly remove the cement film to the aggregate surface level.2.Provide a 4'x4' mock-up of color and finish for approval prior to installation.F.Light Sandblast Finish in paving surface as follows:1.After concrete is allowed to harden to a uniform hardness, lightly sandblast touniformly remove the cement film to a sand surface level.2.Finish surface should resemble a natural sandstone surface.3.Provide a 4'x4' mock-up of color and finish for approval prior to installation.G.Heavy Sandblast Finish in paving surface as follows:1.After concrete is allowed to harden to a uniform hardness, heavily sandblast touniformly remove the cement film to uniformly reveal some of the aggregate.2.Provide a 4'x4' mock-up of color and finish for approval prior to installation.3.08CONCRETE PROTECTION AND CURINGA.General: Protect freshly placed concrete from premature drying and excessive cold orhot temperatures.B.Comply with ACI 306.1 for cold-weather protection.C.Evaporation Retarder: Apply evaporation retarder to concrete surfaces if hot, dry, orwindy conditions cause moisture loss approaching 0.2 lb/sq. ft. x h (1 kg/sq. m x h)before and during finishing operations. Apply according to manufacturer's writteninstructions after placing, screeding, and bull floating or darbying concrete but beforefloat finishing.D.Begin curing after finishing concrete but not before free water has disappeared fromconcrete surface.E.Curing Methods: Cure concrete by moisture curing, moisture-retaining-cover curing,curing compound or a combination of these as follows:1.Moisture Curing: Keep surfaces continuously moist for not less than seven dayswith the following materials:a.Water.b.Continuous water-fog spray.c.Absorptive cover, water saturated and kept continuously wet. Cover concretesurfaces and edges with 12-inch (300-mm) lap over adjacent absorptivecovers.2.Curing Compound: Apply uniformly in continuous operation by power spray orroller according to manufacturer's written instructions. Recoat areas that have beensubjected to heavy rainfall within three hours after initial application. Maintaincontinuity of coating, and repair damage during curing period.3.09PAVING TOLERANCESA.Comply with tolerances in ACI 117 and as follows:ACI 117 establishes few paving tolerances; those in subparagraphs below are based onACI 330.1. Revise to suit Project.1.Elevation: 1/4 inch (6.35 mm).2.Thickness: Plus 3/8 inch (10 mm), minus 1/4 inch (6 mm).3.Surface: Gap below 10-foot- (3-m-) long, unleveled straightedge not to exceed 1/2inch (13 mm).4.Alignment of Tie-Bar End Relative to Line Perpendicular to Paving Edge: 1/2 inchper 12 inches (13 mm per 300 mm) of tie bar.5.Lateral Alignment and Spacing of Dowels: 1 inch (25 mm).6.Vertical Alignment of Dowels: 1/4 inch (6 mm).7.Alignment of Dowel-Bar End Relative to Line Perpendicular to Paving Edge: 1/4inch per 12 inches (6 mm per 300 mm) of dowel.8.Joint Spacing: 3 inches (75 mm).9.Contraction Joint Depth: Plus 1/4 inch (6 mm), no minus.10.Joint Width: Plus 1/8 inch (3 mm), no minus.3.10FIELD QUALITY CONTROLA.Testing Agency: Engage a qualified testing agency to perform tests and inspections.B.Testing Services: Testing of composite samples of fresh concrete obtained according toASTM C 172 shall be performed according to the following requirements:Revise frequency of testing in first subparagraph below to suit Project. First option isbased on ACI 301 (ACI 301M), second on ACI 318 (ACI 318M) for slabs.1.Testing Frequency: Obtain at least one composite sample for each 5000 sq. ft. (465sq. m) or fraction thereof of each concrete mixture placed each day.a.When frequency of testing will provide fewer than five compressive-strengthtests for each concrete mixture, testing shall be conducted from at least fiverandomly selected batches or from each batch if fewer than five are used.2.Slump: ASTM C 143/C 143M; one test at point of placement for each compositesample, but not less than one test for each day's pour of each concrete mixture.Perform additional tests when concrete consistency appears to change.3.Air Content: ASTM C 231, pressure method; one test for each composite sample,but not less than one test for each day's pour of each concrete mixture.4.Concrete Temperature: ASTM C 1064/C 1064M; one test hourly when airtemperature is 40 deg F (4.4 deg C) and below and when it is 80 deg F (27 deg C)and above, and one test for each composite sample.5.Compression Test Specimens: ASTM C 31/C 31M; cast and laboratory cure oneset of three standard cylinder specimens for each composite sample.6.Compressive-Strength Tests: ASTM C 39/C 39M; test one specimen at seven daysand two specimens at 28 days.a.A compressive-strength test shall be the average compressive strength fromtwo specimens obtained from same composite sample and tested at 28 days.C.Strength of each concrete mixture will be satisfactory if average of any three consecutivecompressive-strength tests equals or exceeds specified compressive strength and nocompressive-strength test value falls below specified compressive strength by more than500 psi (3.4 MPa).D.Test results shall be reported in writing to Landscape Architect, concrete manufacturer,and Contractor within 48 hours of testing. Reports of compressive-strength tests shallcontain Project identification name and number, date of concrete placement, name ofconcrete testing and inspecting agency, location of concrete batch in Work, designcompressive strength at 28 days, concrete mixture proportions and materials,compressive breaking strength, and type of break for both 7- and 28-day tests.E.Nondestructive Testing: Impact hammer, sonoscope, or other nondestructive device maybe permitted by Landscape Architect but will not be used as sole basis for approval orrejection of concrete.F.Additional Tests: Testing and inspecting agency shall make additional tests of concretewhen test results indicate that slump, air entrainment, compressive strengths, or otherrequirements have not been met, as directed by Landscape Architect.G.Concrete paving will be considered defective if it does not pass tests and inspections.H.Additional testing and inspecting, at Contractor's expense, will be performed todetermine compliance of replaced or additional work with specified requirements.I.Prepare test and inspection reports.3.11REPAIRS AND PROTECTIONA.Remove and replace concrete paving that is broken, damaged, or defective or that doesnot comply with requirements in this Section. Remove work in complete sections fromjoint to joint unless otherwise approved by Landscape Architect.B.Drill test cores, where directed by Landscape Architect, when necessary to determinemagnitude of cracks or defective areas. Fill drilled core holes in satisfactory paving areaswith portland cement concrete bonded to paving with epoxy adhesive.C.Protect concrete paving from damage. Exclude traffic from paving for at least 14 daysafter placement. When construction traffic is permitted, maintain paving as clean aspossible by removing surface stains and spillage of materials as they occur.D.Maintain concrete paving free of stains, discoloration, dirt, and other foreign material.Sweep paving not more than two days before date scheduled for Substantial Completioninspections.END OF SECTION 321313Page 328 of 495 PLANT SCHEDULESCIENTIFIC NAMECOMMON NAME QUANTITYSIZESPACINGREMARKSSHRUBSAGAVE DESMETTIANA 'VARIEGATA' VARIEGATED AGAVE 20 5 GAL. PER PLAN TREESDASYLIRION WHEELERI DESERT SPOON 415 GAL. PER PLAN LANTANA MONTEVIDENSIS LANTANA 13 1 GAL. PER PLAN MUHLENBERGIA DUBIA PINE MUHLY 40 1 GAL. PER PLAN WASHINGTONIA FILIFERACALIFORNIA FAN PALM1010'-12' B.T.H. PER PLANSKINNED0' 5' 10' 20' 30'NORTHS A N P A S C U A LDE ANZA WAY2907 Shelter Island Drive #105-417San Diego, CA 92106 619-795-7603 www.insitelandarch.comL ICENS E D L ANDSCAPE ARCHITECTSTATE OF CALI FOR NIA No. 4547Tim J achlewski JrSignatureRenewal DateDate11-30-2512-12-23DATE: 12-12-23 100% CONSTRUCTION DOCUMENTSPLANTING PLAN, PLANT SCHEDULE, & NOTES1.THESE PLANS WERE PREPARED USING THE ORIGINALCONSTRUCTION PLANS PROVIDED BY THE CITY OFPLAM DESERT. THE CONTRACTOR IS RESPONSIBLEFOR VERIFYING THE ACCURACY OF THE PLANSCOMPARED TO ACTUAL FIELD CONDITIONS PRIOR TOORDERING MATERIALS AND BEGINNING WORK. IFTHERE ARE DISCREPANCIES BETWEEN THE PLANS ANDFIELD CONDITIONS, THE CONTRACTOR SHALL NOTIFYTHE LANDSCAPE ARCHITECT OF RECORD TO WORKOUT A SOLUTION AGREEABLE TO THE OWNER. IF THECONTRACTOR FAILS TO NOTIFY THE LANDSCAPEARCHITECT OF RECORD OF THE DISCREPANCIESPRIOR TO BEGINNING WORK, THE CONTRACTOR SHALLBE RESPONSIBLE FOR ANY ADDITIONAL LABOR ANDMATERIALS AS DIRECTED BY THE LANDSCAPEARCHITECT OF RECORD TO RESOLVE SUCHDISCREPANCIES AT NO ADDITIONAL COST TO THEOWNER.2.THE CONTRACTOR IS RESPONSIBLE FOR DETERMININGTHE LOCATION OF ALL UTILITIES PRIOR TO ORDERINGMATERIALS AND BEGINNING WORK. THE CONTRACTORSHALL CLEARLY MARK ALL UTILITIES AND SHALL BERESPONSIBLE FOR PRESERVING ALL UTILITIESTHROUGHOUT CONSTRUCTION. THE CONTRACTORSHALL ASSUME FULL RESPONSIBILITY FOR REPAIRINGDAMAGED UTILITIES AT NO ADDITIONAL COST TOOWNER.3.THE CONTRACTOR SHALL BE RESPONSIBLE FORREPAIRING OR REPLACING ANY EQUIPMENT ANDMATERIALS DAMAGED DURING CONSTRUCTION WITHINOR OUTSIDE THE PROJECT LIMIT OF WORK.4.THE CONTRACTOR IS RESPONSIBLE FORCOORDINATING AND VERIFYING ALL CONDUIT ANDIRRIGATION SLEEVES WITH OTHER CONSTRUCTIONTRADE CONTRACTORS.5.REFER TO SPECIFICATIONS FOR ADDITIONALREQUIREMENTS.PLANTING NOTESPage 329 of 495 2907 Shelter Island Drive #105-417San Diego, CA 92106 619-795-7603 www.insitelandarch.comL ICENS E D L ANDSCAPE ARCHITECTSTATE OF CALI FOR NIA No. 4547Tim J achlewski JrSignatureRenewal DateDate11-30-2512-12-23DATE: 12-12-23 100% CONSTRUCTION DOCUMENTSPLANTING DETAILS1.SHRUB2.SET TOP OF ROOTBALL 1" ABOVE FINISH GRADE(5 GAL. SHRUBS AND GREATER)3.MULCH MATERIAL PER PLANS, PROVIDE 3" CLEARANCEFROM TRUNK4.BACKFILL PER NOTES AND SPECIFICATIONS (OMITCOMPOST BELOW 12" DEPTH)5.3" WATERING BERM (IF SLOPE PLANTING)6.ORIGINAL SLOPE (WHEN PLANTING OCCURS ON SLOPE)7.FINISH GRADE (WHEN PLANTING OCCURS ON SLOPE)SHRUBON LEVEL GRADE OR SLOPESCALE: 1" = 1'-0"P-022X ROOTBALL DIAMETERROOTBALL DEPTH 1.2.3.4.5.1.SHRUB - TRIANGULAR SPACING UNLESSOTHERWISE SHOWN ON PLANS2.EDGE OF HARDSCAPE3.DISTANCE FROM EDGE OF HARDSCAPE EQUALS 75%OF THE ON CENTER (O.C.) SPACINGPLANT SPACINGSCALE: NONEP-051.3.EQUALE Q U A L EQUAL1.HARDSCAPE/ PAVEMENT2.3" MULCH LAYER (1.5" FOR FLATTED GROUNDCOVER)3.ORIGINAL GRADE4.GRADE TRANSITIONS TO ACCOMODATE MULCH LAYER 1/2" BELOWHARDSCAPE SURFACE5.PLANTING MIX/ AMENDED SOILMULCH/ GRADE TRANSITIONAT HARDSCAPESCALE: 1 1/2" = 1'-0"P-042.3.4.24"12"5.1.ROOT BARRIER "DEEPROOT" (UB 24-2)2.ROOTBARRIER TRENCH MAY BE THE SAME AS IRRIGATION WHEREAPPLICABLE - BACKFILL SAME AS ADJACENT MATERIAL3.SET ROOT BARRIER 2" BELOW FINISH GRADE OF HARDSCAPE4.HARDSCAPEROOTBARRIERREQUIRED WHEN TREE IS WITHIN 6 FEET OF HARDSCAPESCALE: 1/2" = 1'-0"P-033.4.1.2.24"2"6'6'1.4.SCALE: 1/8" = 1'-0"1.BOULDER2.ARRANGE IN "NATURAL" GROUPINGS PER PLANS3.BURY THE BOULDERS SO THEIR WIDEST PARTS AREJUST BELOW THE SURFACE.4.USE BOULDERS TO RETAIN SLOPE WHENAPPROPRIATEBOULDERWITHIN LANDSCAPESCALE: 1" = 1'-0"P-061.3.2.4.2.1.6.7.3"6"1.PALM2.4" PVC SCH 40 PERFORATED PIPE AND DRAIN GRATE CAP -WRAP IN FILTER SOCK, PROVIDE (1) PER PALM3.MULCH MATERIAL PER PLANS, PROVIDE 3" CLEARANCE FROM TRUNK4.SET TOP OF ROOTBALL 1" ABOVE FINISH GRADE5.SAND BACKFILL PER SPECIFICATIONS6.1 CU FT. OF 3/4" WASHED GRAVEL7.4" HIGH WATERING BERM8.SLOPE BOTTOM OF PLANTING PIT TO CORNER WITH DRAINPALMWITH BREATHER TUBESCALE: 1/2" = 1'-0"P-011.2.3.4.5.6.7.8.12"ROOTBALLDEPTH2X ROOTBALL DIAMETERPage 330 of 495 2907 Shelter Island Drive #105-417San Diego, CA 92106 619-795-7603 www.insitelandarch.comL ICENS E D L ANDSCAPE ARCHITECTSTATE OF CALI FOR NIA No. 4547Tim J achlewski JrSignatureRenewal DateDate11-30-2512-12-23DATE: 12-12-23 100% CONSTRUCTION DOCUMENTSPLANTING SPECIFICATIONSSECTION 329300LANDSCAPINGPART 1 - GENERAL1.01SUMMARY:A.The work includes all services, labor, materials, transportation and equipmentnecessary to perform the work indicated on the Drawings and as specified. Theconditions of the Contract and Division 1 apply to this section as fully as ifrepeated herein.1.02RELATED REQUIREMENTS:A.Section 328400 Irrigation SystemB.Section 320533 Landscape Maintenance1.03SUBMITTALS:A.Submit the following for tree, shrub, and plant samples: Provide one PDF fileillustrating one typical photo labeled with scientific name, cultivar, and size ofeach plant species and every species listed as 'specimen' in the Plant Schedule onthe Plans. Digital Photos will be used as a baseline standard for plant size,fullness, and condition and will be used to compare the remainder of the plantmaterials for the project at the project site during installation. At the Contractor'soption and expense, he may retain the services of the Landscape Architect toreview trees tagged at the nursery or at its place of growth.B.Submit certificates of compliance/ manufacturer cut sheets in one pdf file of:1.Soil amendments2.Fertilizers3.Root barrier4.Tree stakes5.Tree ties6.Compost material7.Mulch materials8.Edging materials (if specified on plans)9.Boulders, cobble or other materials (if specified on plans)C.Submit horticultural soils report and recommendations report as one PDF file(based on the proposed plant palette per Section 1.08.)1.04GUARANTEES AND REPLACEMENTS:A.Shrubs, vines and groundcovers shall be guaranteed to remain healthy andvigorously growing for a period of ninety (90) days from date of final acceptanceof Maintenance Period of project.B.Trees shall be guaranteed to live in a healthy condition for a period of one (1)year from date of final acceptance of Maintenance Period of project.C.Plants found to be dead or not in a vigorous condition within the Maintenanceand Guarantee Periods shall be replaced within fourteen (14) days at Contractor'sexpense.D.Plants used for replacement shall be the same kind and size as specified in theplant list. They shall be furnished, planted and fertilized as originally specified.The expense of all repair work on existing improvements damaged duringreplacement shall be borne by the Contractor.1.05QUALITY ASSURANCE:A.Reviews herein specified shall be made by the Landscape architect or LandscapeInspector. The Contractor shall request review in writing a minimum of fivebusiness days in advance, for the following parts of work:1.Pre-job meeting to introduce Landscape architect, Landscape Inspector,Contractor, job project manager and job superintendent and to discuss theparticular requirements of the job.2.Incorporation of soil conditioning and fertilizing into the soil. Observationshall begin prior to amendments being rototilled into the soil. Amendmentmaterials shall be distributed in piles around the site in quantitiescorresponding to the soils analysis recommendations “per 1,000 sq. ft.”.Invoices showing materials and quantities purchased shall be available forreview.3.When trees, shrubs and vines are spotted in place (in their containers orboxes) for planting, but before planting holes are excavated.4.Upon completion of finish grades and planting.5.When planting, and all other indicated and specified work, except theMaintenance Period, has been completed. Acceptance, in writing, shallestablish beginning of the Maintenance Period.6.Final review at the completion of the Maintenance Period. Contingent onacceptance, this review shall establish the beginning date for the GuaranteePeriod.1.06MAINTENANCE:A.The Contractor shall continuously maintain all involved areas during theprogress of the work and during the maintenance period until the final acceptanceof the work.B.The Maintenance Period begins on the first day after written acceptance ofplanting operations is received from the Landscape architect, and shall continuethereafter for no less than ninety (90) continuous calendar days.C.The contract completion date of the contract maintenance period will beextended, at the contractor's expense, when in the opinion of the LandscapeArchitect or Owner, improper maintenance or possible poor or unhealthycondition of planted material or poorly established areas are evident at thetermination of the scheduled maintenance period. The Contractor shall beresponsible for additional maintenance of the work until work is completed andacceptable.D.See Section 320533 for specific Maintenance Requirements.1.07GENERAL REQUIREMENTS:A.The term "Planting Area" shall mean all areas to be planted with trees, shrubs,groundcovers, sod and seed.B.Actual planting shall be performed during those periods when weather and soilconditions are suitable in accordance with locally accepted horticultural practice.C.All rock and other growth or debris accumulated during the duration of theproject shall be removed from the site.D.Prior to excavation for planting or placing of plant materials, locate allunderground improvements, utility lines, etc. and take proper precautions toavoid damage. In the event of a conflict between such lines and plant locations,notify Landscape architect and receive direction prior to proceeding. TheContractor assumes responsibility for making repairs for damages resulting fromwork as herein specified.E.Grading and soil preparation work shall be performed only during the periodwhen beneficial and optimum results may be obtained. If the moisture content ofthe soil should reach such a level that working it would destroy soil structure,spreading and grading operations shall be suspended until the moisture content isincreased or reduced to acceptable levels and the desired results are likely to beobtained.F.Scaled dimensions are approximate. Before proceeding with work, carefullycheck and verify dimensions and immediately inform the Landscape architect ofdiscrepancies between the drawings and specifications and actual conditions.G.Quantities for plant materials are shown for convenience only, and notguaranteed. Contractor shall check and verify count and supply the sufficientnumber to fulfill intent of drawings.H.Adequately stake, barricade, and protect irrigation equipment, manholes, utilitylines, and other existing property during all phases of the soil amending andgrading operations.I.Rejection and Substitution: Plants not conforming to the requirements hereinspecified shall be considered defective, and such plants, whether in place or not,shall be marked as rejected and be immediately removed from the site of thework and replaced with acceptable plant materials. The plant materials shall meetall applicable inspections required by law. Plants shall be of the species, variety,size, age, flower color and condition as specified herein and/or as indicated onthe drawings. Under no condition will there be any substitution of plant species,variety, or reduced sizes for those listed on the accompanying drawings, exceptwith the expressed written consent of the Landscape architect.J.All utilities (water and electricity) used during the installation and maintenanceof the landscaping and irrigation systems for this project shall be paid for by theOwner.1.08FINAL SOIL AMENDMENT QUANTITIES:A.Upon completion of all rough grading operations of planted areas, a minimum ofsix (6) representative samples (or 1 soil sampling per every 7 lots for homedevelopments) of existing soil found in the planting areas shall be taken by theContractor and at his/her expense sent to an independent soil testing laboratoryfor an Horticultural suitability analysis and recommendations.B.In order to reduce runoff and encourage healthy plant growth, a soil managementreport shall be completed as follows:1.Soil sampling shall be conducted in accordance with laboratory protocol,including protocols regarding adequate sampling depth for the intendedplants.2.The soil analysis shall include:a.Soil textureb.Infiltration rate determined by laboratory test or soil texture infiltrationrate tablec.Soil pHd.Total soluble saltse.Sodiumf.Percent organic matter3.The soil report shall include recommendations for quantity and applicationrate of amendments and any corrective measures required to adjust items a.though f. listed above to acceptable levels BASED ON THE PROPOSEDPLANT SCHEDULE. The recommendations shall be based onorganic-based fertilizers, amendments and best-practices. Theserecommendations shall then be compared with those listed in Paragraphs2.02 and 3.01 and the contract modified accordingly.1.09SOIL PREPARATION CONFORMANCEAmendment materials shall be distributed in piles around the site in quantitiescorresponding to the soils analysis “per 1,000 sq. ft.” recommendations. Invoicesshowing materials and quantities purchased shall be available for review. TheLandscape architect may visually compare the distribution piles and totalquantities of each material furnished against the soils analysis recommendations,but it is the responsibility of the contractor to fulfill and verify compliance withthe recommendations of the soil analysis report. After visual observation by theLandscape architect and verification by the contractor of the distribution andquantities of soil amendments, the Contractor may then commence with soilconditioning operations per section 3.011.10PLANT MATERIAL QUANTITY CONFORMANCEA.After installation of plant materials, and coinciding with the pre-maintenanceobservation, the Landscape architect, with the heretofore specified signed copiesof the required certificates, trip slips and invoices for the plant materials andrelated items, may inventory such material and observe the total area and/or theamounts specified. It is the contractor's responsibility to verify all quantities havebeen installed per plans. If the required amounts have not been furnished, theLandscape architect may require the installation of additional materials to fulfillthe minimum requirements specified.PART 2 - PRODUCTS2.01SOIL AMENDMENT AND FERTILIZER:A.Soil Conditioner: Composted Derivatives equivalent to “Humic Compost”manufactured by Agri-Service, Inc. and having the following properties: HumicCompost shall have fine texture and a dark brown color. Compost feedstockshall be clean yard trimmings generated from source-separated landscapemaintenance. No animal wastes or sludge wastes shall be added. The shreddedyard trimmings shall be composted for a minimum period of one month, withpeak temperatures reaching between 132° to 155° F throughout the thermophilicstage. Composting shall be done by the windrow method with regular turning toexpose all parts of the pile to high temperatures in order to achieve weed seedand pathogen kill. Product shall be processed according to Title 14 regulationsfor composted green waste. Curing phase shall be up to two months. Moisturecontent at time of delivery shall be approximately 25%. One cubic yard ofcompost shall weigh an average of 950 to 1150 pounds. Finished compost shallbe screened through a 3/8 inch mesh.B.Gypsum shall be commercially processed and packaged gypsum (CaSo, 2H 0)with minimum 80% grade containing 14% minimum combined sulfur.C.Iron Sulphate: Ferric or ferrous sulphate in pelleted or granular form containingnot less than 18 percent metallic iron. Material shall conform to the HorticulturalCode of the State of California.D.Pre-plant fertilizer for incorporation with rototilling or plant pit backfill mix shallbe of a uniform 'beaded' homogeneous Organic granular composition suitable forapplication with approved equipment and shall contain the following minimumavailable percentages by weight of plant food:1.Nitrogen 5% minimum2.Phosphoric acid 3% minimum3.Potash 1% minimum4.Iron 1%5.Manganese .05%6.Zinc .05%7.Humic Acids (derived from compost) 15%8.Soil Penetrant (alkyl naphthalene sodium sulfonate) 15%E.Post-planting Fertilizer for Maintenance Period Fertilization: Organic base, longlasting, non-burning, controlled slow release, free flowing, uniform incomposition, suitable for application with approved equipment, and shall containthe following minimum available percentages of weight of plant food :1.Nitrogen 12% minimum2.Phosphoric acid 8% minimum3.Potash 8% minimum4.Sulphur 7%5.Iron 2%6.Manganese .05%7.Zinc .05%8.Humic Acids (derived from compost) 5%WARNING: Some fertilizers contain chelated iron which may cause staining ofconcrete surfaces. Contractor shall use extreme caution when applying fertilizersadjacent to concrete and hardscape areas. All hardscape shall be sweptimmediately after application. Contractor shall be responsible for removing alliron stains from concrete or Hardscape by sandblasting, or replacement ofHardscape/concrete, as directed by landscape architect, at no additional cost tothe Owner.F.Planting Tablets: Tightly compressed organic chip type commercial gradeplanting tablets of varying weighted sizes with the following availablepercentages by weight of plant food:1.Nitrogen 20% minimum2.Phosphoric acid 10% minimum3.Potash 5% minimumG.Post-planting Fertilizer for Palms: Organic base, long lasting, non-burning,controlled slow release, free flowing, uniform in composition, suitable forapplication with approved equipment, and shall contain the following minimumavailable percentages of weight of plant food :1.Nitrogen 3% minimum2.Phosphoric acid 1% minimum3.Potash 3% minimumA micro-nutrient foliar spray for palm fronds is recommended to avoidmicro-nutrient deficiencies. It is the responsibility of the contractor to ensureplant health.H.Fertilizer Storage: Fertilizer shall be stored in watertight container to minimizecontact with stormwater runoff.I.Herbicide Storage: Herbicide shall be stored in watertight container to minimizecontact with stormwater runoff.2.02PLANTING BACKFILL FOR TREES:A.Planting backfill shall be a thoroughly blended mixture of topsoil amendments.The following materials and quantities are to be used as a basis for bidding, andshall be modified based on soil analysis results:1.Soil Conditioner (Humic Compost)1 part (top 12" of backfill only)2.Stock-piled on site soil 3 parts3.Iron sulphate 2 lbs/per cu. yd. of mix4.Gypsum 10 lbs/per cu. yd. of mix5.Pre-plant fertilizer 4 lbs/per cu. yd. of mixSoil to be used as planting medium for the project shall be fertile, well-drained,of uniform quality, free of stones over 1 inch diameter, sticks, oils, chemicals,plaster, concrete and other deleterious materials. On-site soil may be stockpiledin piles under 4' in height for re-use provided it meets all requirements.2.03PLANT MATERIALS:A.Nomenclature: The scientific and common names of plants herein specifiedconform with the approved names given in "Sunset Western Garden Book",published by Lane Publishing Company, Menlo Park, California, latest edition.B.See list of plant material on drawings.C.Quality and size of all plants shall be No. 1, of Pinto Tag stock. They shall bevigorous, of normal growth, free from disease, insects, insect eggs, and/or exceedthe measurements specified or the American Standards for Nursery Stock. PintoTags shall be submitted to the Landscape architect.D.Container stock (1 gal., 5 gal., and 15 gal.) shall have grown in containers for atleast six months, but not over two years. No container plants that have cracked orbroken balls of earth, when taken from the container, shall be planted, exceptupon special approval. No trees with damaged roots or broken balls shall beplanted and no shrubs, vines or groundcovers shall be planted that are “potbound” or that have damaged roots.E.Pruning shall not be done, prior to delivery, except by written approval.F.Observation of Plant Materials, required by governing authorities, shall be aresponsibility of the contractor, and where necessary, the contractor shall havesecured permits or certificates prior to delivery of plants to site.G.Plants shall be subject to observation and approval or rejection, at the project siteat any time before or during progress of work, for size, variety, condition, latentdefects and injuries. Rejected plants shall be removed from the project siteimmediately.H.Substitutions will not be permitted except that if proof is submitted that any plantspecified is not obtainable, a proposal will be considered for use of the nearestequivalent size, variety and cost.I.Quantities shall be furnished as needed to complete work as shown on drawings.J.The Landscape architect reserves the right to observe root condition of anyspecies, particularly those grown from seed, and if found defective, to reject theplants represented by the defective sample.K.Identify plant species or varieties correctly on legible, weather-proof labelsattached securely at the job site. There shall be a minimum of one labeled plantfor each 5 plants in a lot.L.Groundcover plants shall be healthy cuttings grown in flats until transplanting.2.04MULCHING MATERIAL:A.As specified on plans.2.05ROOT BARRIERS FOR TREES:A.#UB-24-2 root barriers as manufactured by Deep Root Corp. or approved equal.Page 331 of 495 2907 Shelter Island Drive #105-417San Diego, CA 92106 619-795-7603 www.insitelandarch.comL ICENS E D L ANDSCAPE ARCHITECTSTATE OF CALI FOR NIA No. 4547Tim J achlewski JrSignatureRenewal DateDate11-30-2512-12-23DATE: 12-12-23 100% CONSTRUCTION DOCUMENTSPLANTING SPECIFICATIONSPART 3 - EXECUTION3.01SOIL CONDITIONING, ROTOTILLING AND FERTILIZING:I.After the areas have been graded, follow the Soil Preparation Conformanceprocedures per section 1.09. Deep water leaching shall be performed ifrecommended and as specified in the Horticultural Soil Analysis Report. Afterapproval by the Landscape architect of the requirements in section 1.09, the soilconditioning and amendment materials shall be evenly spread over all plantingareas and shall be thoroughly scarified to an average depth of six (6) inches byrototilling a minimum of two (2) alternating passes (excluding 2:1 slopes orsteeper):The following materials and quantities are to be used as a basis for bidding, andshall be modified based on soil analysis results:1.Soil Conditioner (Humic Compost): 6 cu. yd. per 1,000 sq. ft. (2" deep)**Minimum required unless soils report states at least 33% organic matterexists within the top six inches of soil.2.Soil sulphur: 20 lbs/per 1,000 sq. ft.3.Iron sulphate: 20 lbs/per 1,000 sq. ft.4.Gypsum: 100 lbs/per 1,000 sq. ft.5.Pre-plant fertilizer: 20 lbs/per 1,000 sq. ft.(a)Amendments shall be incorporated into the top six (6) inches of finishgrade.(b)The thoroughness and completeness of the rototilling andincorporation of the soil conditioners/amendments shall be accepted bythe landscape architect in writing, prior to digging planting pits. Forslopes 2:1 and steeper, or as per the drawings, omit rototilling.3.02FINISH GRADING:A.Finish grades shall be as indicated on landscape or civil drawings. Contractorshall notify Landscape architect for a decision should any discrepancies existbetween the drawings and site conditions.B.Finish grades shall be measured as the final water compacted and settled surfacegrades and shall be within + 0.1 foot of the spot elevations and grade linesindicated. Grades adjacent to hardscape shall be within +/- .01 feet of the gradesindicated on the grading plans.C.Molding and rounding of the grades shall be provided at all changes in slope.D.All undulations and irregularities in the planting surfaces resulting from tillage,rototilling and all other operations shall be leveled and floated out beforeplanting operations are initiated.E.Take every precaution to protect and avoid damage to erosion control materials,sprinkler heads, irrigation lines, and other underground utilities during gradingand conditioning operations.F.Final finish grades shall insure positive drainage of the site with all surfacedrainage away from buildings, walls, and toward swales, basins, roadways,drains and catch basins.G.Final grades shall be accepted by the Landscape architect/Owner's representativein writing on company letterhead prior to digging planting pits and/or before planting operations will be allowed to begin.H.Planting surfaces shall be graded with no less than 2 percent surface slope forpositive drainage unless otherwise indicated on grading plans.3.03PLANTING:A.The layout of locations for plants and outlines of groundcover beds to be plantedshall be accepted by the Landscape architect in writing prior to digging plant pitsfor planting. All such locations shall be checked by the contractor for possibleinterference with existing underground piping prior to excavation of holes. Ifunderground construction or utility lines are encountered in the excavation ofplanting areas, other locations for the planting may be selected by the landscapearchitect at no additional cost to the owner. Damage to existing utilities shall bethe responsibility of the contractor.B.Planting Trees, Shrubs and Vines:1.All excavated holes shall have vertical sides with roughened surfaces andshall be of the minimum sizes indicated on drawings. Holes shall be, in allcases, large enough to permit handling and planting without injury orbreakage of root balls or roots.2.Excavation shall include the stripping and stacking of all acceptable soilencountered within the areas to be excavated for plant pits and plantingbeds. Protect all areas that are to be trucked over and upon which soil is tobe temporarily stacked pending its re-use for the filling of holes, pits andbeds.3.Excess soil, generated from the planting holes shall be spread evenly on thesite within the tolerances indicated in section 3.02, or as directed by theLandscape architect. Excess soil (beyond the tolerances indicated in section3.02) shall be removed from the site.4.The plants shall be planted at approved locations with the heretoforespecified plant pit fertilizer and soil planting backfill. Place plant pitfertilizer after two thirds of backfill material is installed at the ratesspecified by the manufacturer and soils report.5.The plants shall be placed in the planting pits, which have been handtamped, and water settled to the rootball base levels prior to the placementof the plants. After setting the plants, the remaining backfill material shallbe carefully tamped and settled around each rootball to fill all voids. Eachtree and shrub shall be placed in the center of the hole and shall be setplumb and held rigidly in position until the planting backfill has beentamped around each rootbal.6.All plants shall be set at such a level that after settling they bear the samerelationship to the surrounding finish grade as they bore to the soil linegrade in the container, unless otherwise noted.7.No plant will be accepted if the rootball is broken or cracked, either before,during, or after the process of installation.8.Plants shall be thoroughly watered into the full depth of each planting holeimmediately after planting.9.Install shrubs and vines as shown on the drawings.10.For 1 gallon trees, utilize pre-installed nursery stakes if stakes are in goodcondition as described above. Broken, cracked and/or unsecured nurserystakes will not be allowed. If new stakes are required, install stakes withmaterials as specified as shown on the drawings.11.For trees up to 36” Box size, install tree stakes with materials specified andas shown on the drawings. The stakes shall be driven in plumb and secure.Special care shall be taken that the driving in of the stake does not damagethe tree roots or rootball. Tree ties shall be fastened to each stake by tackingthe wire tie to the stake. Protective hoses shall be in contact with all treetrunk or branch areas per the details on the drawings.12.For trees 48” Box size and greater, guy all trees with the materials specifiedand as shown on the drawings.13.The staking and guying shall be accomplished in such a manner as to insurethe proper and healthy growth and the safety of the plants, property, and thepublic.14.The contractor shall be responsible for all surface and subsurface drainagerequired which may affect his guarantee of the trees, shrubs, and vines.15.Pruning after planting shall be required on all trees, shrubs, and vines whennecessary to provide the specified or approved standard shapes, form and/orsizes characteristic to each plant. Pruning may include thinning, and/orcutting and shall be under the direction of the landscape architect orcertified arborist.16.Install tree guards on all trees within turf areas.C. Planting Groundcovers:1.Groundcovers shall be planted in the areas indicated on the drawings. Thegroundcover plants shall be rooted cuttings grown in flats and shall remainin those flats until transplanting.2.All groundcover plants shall be planted with soil around roots in staggeredrow, evenly spaced at the intervals called out on the drawings.3.The groundcover plants shall be planted sufficiently deep to cover all roots.4.The groundcover planting area shall be hand smoothed after planting toprovide an even, smooth final finish grade.3.04 MULCHING:A.Landscape areas other than those hydroseeded or planted with turf shall becovered with the specified mulching material to the minimum depth indicated onthe drawings.3.05CLEAN-UP:A.As the project progresses on a daily basis, the contractor shall maintain all areasin a neat manner and remove unsightly debris as necessary, remove all debris andcontainers used in accomplishing work and sweep and clean all sidewalks,asphalt, and concrete areas adjacent to plantings.3.06SITE OBSERVATION & WALK-THROUGHS FOR SUBSTANTIALCOMPLETION:A.General Observation: The Landscape architect will visit the construction site atinterim times during the construction process to access construction progressregarding installation of landscape material to be in compliance with thedrawings, details, specifications and site conditions. The Landscape architect willprepare a site report after each visit noting progress of installation, verbalcommunication with the contractor and identifying any field adjustmentsnecessary that require modifications to the designed landscape. A copy of thissite report will be delivered to both the owner and the contractor. The contractoris responsible to immediately address each item on the site report beforeproceeding with further construction.B.Walk Through For Substantial Completion (Punch List #1):1.Before requesting a walk through for substantial completion the followingrequirements must be entirely satisfied:(a)The entire planting area is completely installed, and when letters ofacceptance as described above have been obtained from the Landscapearchitect and/or owner's representative. If the contractor failed to notifythe Landscape architect for any of the above items as listed above thanthe contractor assumes full responsibility for any design modificationsdirected by the Landscape architect during the walk through forsubstantial completion any of these issues at no additional cost to theowner.(b)All invoices, pinto tags and receipts have been delivered to the owneror owner's representative.2.Once the above requirements have been met a walk through for substantialcompletion may be requested. The following procedures will be used duringthe walk through:(a)A visual walk through of the entire site will take place consisting of anexamination of planting areas as compared to the drawings, andinstallation procedures as shown on the details and specifications. Apunch list will be established for deficiencies in the construction andworkmanship of the landscaped area as compared to the constructiondrawings, details, and specifications.3.Once the Walk Through for Substantial Completion has been completed theLandscape architect will provide a copy of all punch list items to the ownerfor review and distribution to the contractor. It is the contractor'sresponsibility to repair, replace, and adjust all items on the punch prior torequesting a final walk through.C.Final Walk Through:1.Before commencement of a final walk through is requested, each item onthe walk through for substantial completion (punch list #1) must bethoroughly satisfied, addressed, and resolved by the contractor.2.Once the above requirement has been met a final walk through may berequested. The following procedures will be used:(a)This visual walk through will consist of walking through the punch listitems created at the time of the walk through for substantialcompletion, and examining outstanding items. Any remainingdeficiencies in the construction and workmanship of the landscape ascompared to the punch list generated at the time of the walk throughfor substantial completion, construction drawings, details andspecifications shall be corrected by the contractor.3.07MAINTENANCE PERIOD:A.The Maintenance Period shall last for ninety (90) days after written notificationfrom the Landscape architect to the owner of a successful final walk through.The notification shall take place once all items on the final walk through punchlist have been satisfactorily addressed by the contractor.1.The contractor is responsible for obtaining and following any maintenancemanuals created specifically for the project from the owner at the beginningof the maintenance period.2.Once the contractor has fulfilled all maintenance agreement obligations themaintenance period will end see section 320533 Landscape Maintenance,for maintenance responsibilities.END OF SECTION 329300Page 332 of 495 2907 Shelter Island Drive #105-417San Diego, CA 92106 619-795-7603 www.insitelandarch.comL ICENS E D L ANDSCAPE ARCHITECTSTATE OF CALI FOR NIA No. 4547Tim J achlewski JrSignatureRenewal DateDate11-30-2512-12-23DATE: 12-12-23 100% CONSTRUCTION DOCUMENTSMAINTENANCE SPECIFICATIONSSECTION 320533LANDSCAPE MAINTENANCEPART 1 - GENERAL1.01SUMMARYA.The work includes all services, labor, materials, transportation and equipmentnecessary to perform the work indicated on the Drawings and as specified. Theconditions of the Contract and Division 1 apply to this section as fully as ifrepeated herein.1.02RELATED REQUIREMENTS:A.Section 328400 Irrigation SystemB.Section 329300 Landscaping1.03DEFINITIONS:A.Pesticide: Includes any of the following:1.Fumigant2.Herbicide3.Insecticide4.Fungicide5.Rodent repellents.B.Planting Bed: An area comprised of trees, shrubs, flowers, and ground cover,excluding grass.1.04DELIVERY:A.Fertilizer, Gypsum, and Iron Sulphate: Deliver to the site in original containersbearing manufacturer's chemical analysis, name, trade name, or trademark, andindication of conformance to state and federal laws. Instead of containers,fertilizer, and gypsum may be furnished in bulk with a certificate indicating theabove information.B.Pesticides: Deliver to the site in original containers with legible label indicatingEnvironmental Protection Agency (EPA) registration number and manufacturer'sregistered uses.1.05STORAGE:A.Fertilizer, Gypsum, Iron Sulphate, and Mulch: Store in dry locations away fromcontaminants in water-tight containers.B.Pesticides: Do not store with other maintenance material. Store herbicides"downwind," relative to the airflow from other pesticides in water-tightcontainers.1.06HANDLING:A.Do not drop or dump materials from vehicles.PART 2 - PRODUCTS2.01PH ADJUSTERS:A.See Specification Section: 329300 Landscaping2.02SOIL CONDITIONERS:A.See Specification Section: 329300 Landscaping2.03 PLANTING BACKFILL:A.See Specification Section: 329300 Landscaping2.04FERTILIZERS:A.See Specification Section: 329300 Landscaping2.05WATER:A.See Specification Section: 329300 Landscaping2.06PESTICIDES:A.See Specification Section: 329300 LandscapingPART 3 - EXECUTION3.01MAINTENANCE REQUIREMENTS DURING THE NINETY (90) DAYMAINTENANCE PERIOD:A.Shrubs, and Vines:1.The contractor is responsible for the restoration and maintenance of allvegetation included in these specifications for the duration of themaintenance period. During the first two weeks of the maintenance period,the contractor shall conduct a survey of all areas and identify by quantity,species, and location, all dead, dying, and diseased vegetation. Thecontractor shall be responsible for restoring dying and diseased vegetationto a healthy state in accordance with accepted Horticultural Practice andTreatment. The landscape architect and/or owner's representative will be thefinal authority in determining which vegetation is considered dead orirreparably damaged. Restoration and replacement of vegetation isconsidered routine maintenance and shall be accomplished as often asnecessary during the maintenance period. Vegetation replacement shall beaccomplished within 5 days after the contractor discovers or has beennotified of the situation. Diseased or dead vegetation shall be removed andreplaced with healthy plants of the same species. All replacement plantsmust be approved by the landscape architect and/or owner's representativebefore planting.2.Planting beds shall be cultivated, pruned, trimmed, weeded, irrigated,fertilized, mulched, and otherwise maintained in a manner that presents aprofessionally landscaped appearance at all times. Plant beds shall be keptweed, gopher, squirrel, rabbit and pest free through best managementpractices. Ground cover shall not be allowed to grow into flowers, shrubs ortrees. Planting beds shall be maintained in a manner that provides balancebetween the various types of vegetation, and prevents dominance of any onespecies.3.The contractor shall provide and maintain a minimum of three-inch layer ofmulch in all planting areas that were originally mulched (one and onehalf-inch for flatted groundcover areas). Mulch shall be kept 3” clear fromall tree, shrub, and groundcover trunks and stems.4.The contractor shall provide for the special needs of various species.Diseased or dead vegetation shall be removed and replaced with healthyplants of the same species.5.The contractor shall maintain the soil level in the plant beds, and ensure allsurface root systems and irrigation piping are covered as required. Thecontractor shall be responsible for damage caused by contractor operationsat no additional cost to the owner.6.Shrubs and Vines shall not be allowed to encroach into turf areas. A definitebreak shall be maintained between grass and shrub areas. In such areas thecontractor shall maintain a healthy and well balanced landscape.7.All shrubs, vines, and other cultivated plants shall be trimmed and prunedACCORDING TO THEIR NATURAL GROWTH CHARACTERISTICS(accept for hedges) for proper health and attractive appearance. ALLOWSHRUBS TO GROW IN AND COMPLETELY FILL THE PLANTINGAREAS (DO NOT SHEAR INTO BALLS OR OTHER SHAPES.) Allclippings shall be removed and disposed of by the end of each day. Pruningshall be accomplished as necessary in accordance with conditions (a)through (d) specified below. Shrubs and vines shall be trimmed to shape foraesthetic appearance and health at the frequency specified in this section.(a)Remove growth in front of windows, over entrance ways or walks, andany growth which will obstruct vision at street intersections. Shrubsaround perimeter of buildings shall be trimmed to maintain naturalgrowth characteristics.(b)Remove dead, damaged or diseased branches or limbs and crossing,rubbing and interfering branches.(c)Evenly form and balance the shrub to natural growth characteristics.Hedges are to be trimmed to maintain their natural growthcharacteristics and not allowed to obstruct pedestrian walkways.Shrubs shall be allowed to completely fill planter beds. Shrubs, hedgesand vines shall not be trimmed into round, square and or geometricshapes unless specified in the Plant Schedule. Side growth shall beallowed to grow unless growth is in front of windows, over entranceways, streets, driveways, parking area or walks, and/or any growthwhich will obstruct vision at street intersections.(d)Remove growth against or over structures and into any type ofelectrical or telephone lines (leave vine growth on block walls ifapplicable).8.Shrubs shall be pruned to evenly form and balance plant to natural growthcharacteristics. Shoots, suckers, and branches of shrubs not conforming todesired shape and size shall be removed. Retain typical growth habit ofindividual plants with as much height and spread as is practical. Shrubsshall be allowed to completely fill planter beds.9.Any depression or mound around the base of shrubs intended to retain waterin place for proper irrigation shall be maintained in good condition topermit the most efficient application of water and reduce waste.B.Trees:1.Tree maintenance and care is considered routine ongoing maintenance andshall be accomplished as specified or as often as necessary during themaintenance period. Tree maintenance and care includes, staking trees,adjustment of ties and supports, removal of stakes, watering, fertilization,pest control, pruning, turf clearance, mulch clearance, removal of brokenlimbs and branches, tree removal/replacement, and fall cleanup.2.The contractor shall maintain and/or replace tree staking and guying asnecessary as specified in section 329300 Landscaping for the duration of themaintenance period. Stakes, ties and supports shall be inspected andadjusted monthly to prevent girdling and rubbing, and to promote naturaldevelopment of trees. Stakes, ties, and supports shall be removed when thetree becomes capable of supporting itself.3.Trees shall be pruned according to their natural growth characteristics toevenly form and balance the tree and to promote proper health and growthin accordance with accepted standards and horticultural practices of theInternational Society of Arboriculture, Western Chapter. All treemaintenance must be performed in compliance with ANSI Z133.1 SafetyStandards and ANSI A300 Standard Practices for Tree Care Operations.Tree pruning shall include all areas of the project, which are permanentlyand/or temporarily irrigated for the duration of the maintenance period. Allsucker growth shall be removed from and around the trees. All trees are tobe inspected monthly to identify pruning needs. Pruning or trimming shallbe accomplished at any time during the maintenance period as required inaccordance with conditions (a) through (h) below:(a)Remove dead, damaged or diseased wood, or structurally weak limbsthat may cause a safety hazard. Remove interfering branches, crossingand rubbing branches.(b)Remove branches which endanger roofs, eaves, and windows or hangwithin eight feet of sidewalks, parking lot driveways, and whichobstruct traffic signs or streetlights. This includes removal of dead orbroken branches on the ground or still hanging in the tree.(c)Provide clearance for fire trucks, buses, moving vans and similarvehicles along streets.(d)Eliminate and prevent growth into electrical or telephone transmissionlines. Anticipate the effects of wind on branches, which might fall ontransmission lines. Shape the entire tree rather than notch the top.(e)Prevent growth of trees in front of windows, over entranceways andwalkways and which will obstruct vision at street intersections.(f)Remove partially attached broken limbs and branches from treesregardless of diameter or length. Provide stakes or braces as requiredfor future protection.(g)"Skirting-Up" and "pollarding" a tree is prohibited.(h)Topping of trees is prohibited.C.Weeds, Rodent and Pest Control:1.PESTICIDES MAY BE USED ONLY AS A LAST RESORT AFTER ALLNATURAL BEST MANAGEMENT PRACTICES ARE USED. Weed andpest control shall be performed to prevent encroachment of undesirablevegetation and noxious weeds, and infestation of pest (rodent, insect andfungus) into established landscapes, including lawns and around trees,shrubs, flower beds, etc. Noxious weeds in landscaped and natural growthareas, plant beds and landscaped areas shall not be allowed to establishthemselves and be maintained weed free. Additionally, weed control is to beperformed to eliminate grass and weeds in cracks and joints on all pavedand concreted areas. Weed control is to be performed to prevent theencroachment of vegetation into perimeter fences. Rodent control shall beperformed as required to maintain healthy vigorous plant growth. Live ordead rodents shall be removed within 24 hours from the project propertyand properly disposed of. Trees, shrubs, turf and vegetation shall beprotected from all varieties of insect and rodent damage. Pesticides andherbicides shall be used in a manner, which will not affect landscape plantshealth.2.All pesticides, including herbicides, insecticides, fungicides, etc., shall beapplied only by persons holding a valid state license for each category ofpest control work involved. Any required state, county, or local permits forpossession, procurement, or use of any pesticide shall be obtained andcomplied with at no additional expense to the owner.3.All pesticides shall be procured, transported, stored, handled, and applied instrict accordance with the manufacturer's label, which shall be registeredwith the Environmental Protection Agency and the State of California. Thecontractor shall comply with the requirements of the Federal Insecticide,Fungicide, and Rodenticide Act, 40 CFR 170-171, CCR Title 3, and CCRTitle 8. All pesticide containers shall be managed in accordance withtherequirements of CCR Title 3, Section 6684 and disposed of inaccordance with CCR Title 22. Each pesticide formulation shall beregistered for use under the particular environmental conditions underwhich it was applied. The contractor shall exercise extreme care to preventany damage or illegal contamination by pesticides to vegetation, water, fish,animals, and humans. The contractor shall be held responsible and liable forall damage, contamination, and effects resulting from contractor's pesticideuse.4.Pesticide spraying shall be performed only on still days and will be stoppedwhen unfavorable weather or other conditions exist which would undulyincrease the hazard to personnel or desirable vegetation by drift, runoff, orleaching through the soil. Any project property or desirable vegetationdamaged by the contractor due to pesticide applications shall be repaired orreplaced at no additional cost to the owner.5.Pesticide rinse water or excess pesticides from contractor operations shallbe collected by the contractor in an appropriate receptacle and disposed ofat an approved disposal site; or shall be applied to a similar target area towhich the original application was made and in the same manner ofapplication if allowed by the EPA registered label.6.Job site pesticide applications shall be made by personnel capable ofidentifying the pest species to be controlled, knowledgeable of controltechniques, and able to apply pesticide active ingredients at prescribeddosages and rates of application, as required by the label to achieve therequired control under job site conditions, without danger to people, pets orother non-target animals, plants, or property.7.The contractor shall be responsible for having a spill kit on service vehiclesand for reporting and cleaning pesticide spills as required by state laws andregulations. The contractor shall submit a written report of spills on or inproject property, within 8 hours of incident to the owner on companyletterhead.D.Irrigation and Irrigation System Maintenance:1.The contractor shall plan and adjust irrigation schedules for automatic, handor portable irrigation systems based on minimal water requirements with thefollowing considerations:the precipitation rates of irrigation components(a)soil water infiltration rate and holding capacity(b)exposure(c)plant material(d)site climate conditions(e)ET (Evapotranspiration) rate(f)SlopeIt shall be the contractor's responsibility to adjust controllers and/orhand/portable irrigation application to compensate for weeklyenvironmental changes for the duration of the maintenance period. Thecontractor shall perform irrigation in a manner that promotes the health,growth, color and appearance of cultivated vegetation while preventing overwatering, water run-off, erosion and ponding.2.CONTRACTOR SHALL ENSURE SMART CONTOLLER IS SET TOWEATHER-BASED OR SOIL MOISTURE BASED "AUTOMATICADJUSTMENT" 60 DAYS INTO THE MAINTENANCE PERIOD.CONTRACTOR SHALL ENSURE "AUTOMATIC ADJUSTMENT" ISFUNCTIONING PROPERLY BETWEEN DAY 60 THROUGH DAY 90OF THE MAINTENANCE PERIOD AND FINE-TUNE EACH STATIONAS NEEDED.3.Irrigation includes watering of shrubs, vines, trees and plants for bothpermanently irrigated slopes and flat areas. Care shall be exercised byregulating the time and equipment to prevent wasting of water. Rotatorheads shall be adjusted to prevent water spray on buildings, sidewalks,walls, sign monuments and adjacent hardscape. It shall be the contractor'sresponsibility to apply enough water to assure and maintain the health andvigor of all shrubs, trees, and planted areas. Irrigation controllers shall beprogrammed for no irrigation during periods of rain. Controllers shall alsobe checked and reset if necessary after power outages.4.The contractor shall provide all equipment necessary to perform allirrigation operations. For temporarily irrigated slopes, flat areas and treesthat require manual irrigation, the contractor shall provide hoses andirrigation equipment to adequately irrigate this plant material for theduration of the maintenance period. In the event that an area has no watersupply due to a system failure, the contractor shall provide a supply byeither hose or truck. All valves and valve box covers shall be kept closed atall times except when in actual use.5.Irrigation equipment shall be kept clear of any obstructions including plantmaterial. Dirt or other debris surrounding rotator heads, which preventsproper operation, shall be removed. The contractor shall be held responsiblefor any damage to project property caused by careless handling of irrigationequipment including slope failure at no additional cost to the owner.6.The contractor is responsible for the maintenance and repair of allcomponents of the irrigation system for the duration of the maintenanceperiod. This includes irrigation equipment items as shown on the originalirrigation drawings. Maintenance and repairs of irrigation equipment duringthe maintenance period shall be done at no additional cost to the owner.Maintenance shall include but not be limited to the following:(a)Repair or replace broken, missing, or inoperative pop-up rotator heads,pop-up rotors, pop-up bubblers, and drip irrigation equipment.(b)Repair or replace defective rotator head risers, rotors on risers, fittings,swing arms and breaks in piping. Adjust and align risers. Repairs shallinclude all fittings as specified in the original irrigation drawings.(c)Clean and adjust pop-up rotator heads, pop-up rotors, rotator headrisers and rotors on risers and their gears and/or mechanisms, checkand adjust for proper coverage.(d)Remove dirt and debris from around pop-up rotator heads and pop-uprotors.(e)Repair or replace defective or malfunctioning control valves (Electricand/or Manual) flow sensors and master valves. Clean and servicevalves. The contractor shall replace any damaged or missing valveboxes or valve lids. Valve box lids shall be kept in place at all times.Barricades shall be placed over any valve boxes with missing lids untilreplaced. Valve boxes shall be kept level with existing grade as shownon the drawings.(f)Flush drip irrigation system using manual flush valves.(g)Maintain, service, repair or replace controller systems as specified bythe product manufacturer.(h)System repairs and replacement shall be accomplished with new partsand equipment that are identical to existing.(i)The contractor is responsible for required irrigation by any meansduring the periods of system breakdown.E.Fertilizer Application During the Maintenance Period:1.Apply fertilizer in a manner that promotes health, growth, color andappearance of cultivated vegetation at applications rates described in section329300 Landscaping for the duration of the maintenance period.2.Fertilizer shall be applied to CA Native plants based on horticulturalpractices specifically for CA Native plants (typically no fertilizer orminimum organic, slow-release fertilizer.)F.Fallen Vegetation and Debris Removal:1.The contractor shall police the entire project area including all paved areas,planters, lawn areas, sidewalks and trash enclosures and collect fallenleaves, branches and limbs regardless of length or diameter, deadvegetation, paper, trash, cigarette butts, garbage, rocks, and any and allother debris to prevent unsightly and inordinate accumulations duringnormal maintenance working hours. Sidewalks shall be swept as necessaryto keep free of trash and graffiti. Collected items shall be promptly removedand taken to a legal disposal site.G.Removal of Dead Animals:1.Removal and legal disposal of animal carcasses are considered a normalmaintenance task for the duration of the maintenance period. Dead carcassesshall be legally removed immediately when discovered by the contractor.H.Erosion Control:1.The contractor is responsible for daily visual inspection of slopes andimmediately reporting areas experiencing erosion to the Landscape architectand/or owner's representative on the same day noticed. If the contractor failsto notify the Landscape architect and/or owner's representative of areasexperiencing erosion on the same day noticed, then the contractor assumesfull responsibility for any erosion control measures and/or repairs asdirected by the landscape architect and/or owner's representative at noadditional cost to the owner.2.Upon notification and agreement of the applicable erosion control measureby the Landscape architect, the owner and the contractor, the contractor isresponsible for immediately repairing and correcting any progressive rillingthat may occur.3.Erosion control measures may include but not be limited to:(a)Filling(b)Raking(c)Redirecting runoff(d)Properly programming irrigation operations(e)Replanting(f)Providing additional erosion control materials such as:(1)jut matting(2)filter fabric(3)hay bales(4)hay rolls(5)silt fencing(6)sand bags(7)and/or other erosion control items as required to maintain healthyplant material and stable slopes.Additional erosion control measures required due to irrigation operationsprogrammed by the contractor that did not take into account cycle and soakfunctions of the controller will be installed and/or repaired as directed bythe Landscape architect and/or owner's representative at no additional costto the owner.I.Frequency of Maintenance Operations:TASK:FREQUENCY:1.Mowing, Edging, Trimming:Weekly2.Shrub and Vine Restoration and Replacement: Within 5 days3.Weeding: Weekly4.Pruning: Monthly5.Tree Replacement: Within 5 days6.Tree Staking: As Required7.Best Management Practices:As Required8.Debris Removal & Disposal: As Required9.Irrigation System Maintenance: As Required10.Fertilizer Application: As Required11.Fallen Vegetation and Debris Removal: As Required12.Removal of Dead Animals: As Required13.Re-Mulching (Maintained at 3 Inches): As Required14.Erosion Control: As RequiredJ.At the end of the ninety (90) day maintenance period, the contractor shall requesta post-maintenance walk through with the Landscape architect.K.Preliminary Post Maintenance Walk Through: Once the maintenancerequirements have been met a preliminary post maintenance walk through maybe scheduled. At the preliminary post maintenance walk through, the followingprocedures will be used:1.Contractor must have (2) two personnel available with radio communicationfor the entire length of the walk through.2.A visual walk through of the entire landscape area will take place consistingof an examination of planting areas and noting any remaining maintenanceitems to be completed.3.Once the preliminary post maintenance walk through has been completed,the Landscape architect shall prepare a punch list of outstanding items to becompleted and will provide a copy of this list to the owner and contractorfor review and use. It is the contractor's responsibility to repair, replace, andadjust all items on the punch list prior to requesting a final post maintenancewalk through.L.Final Post Maintenance Walk Through: Before commencement of a final postmaintenance walk through, each item on the preliminary post maintenance walkthrough punch list must be thoroughly satisfied, addressed, and resolved by thecontractor. Once the above requirement has been met a final post maintenancewalk through may be requested. At the final post maintenance walk through, thefollowing procedures will be used:1.Contractor must have (2) two personnel available with radio communicationfor the entire length of the walk through.2.This visual walk through will consist of walking through the punch listitems created at the time of the preliminary post maintenance walk through,and examining outstanding items. Any remaining deficiencies in themaintenance requirements will be noted.3.Once the final post maintenance walk through is completed and anyoutstanding items created on the final punch list have been addressed themaintenance period may end. Any additional walk throughs required due tocontractors' inability to address all issues on the punch lists described abovewill be provided at the contractor's expense.END OF SECTION 320533Page 333 of 495 PPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPITEM MANUFACTURERMODELDESCRIPTIONDETAILEXISTING IRRIGATION POC WITH ANTISIPHON DEVICEEXISTING CONTROLLER (NEED TO REVIEW AND CONFIRM)CONTROL VALVEHUNTERICV-101G-FS-AS-ADJ1" ICV SERIES W/ PRESSURE REGULATOR (5 TO 20 GPM)I-04, I-05LATERAL LINEAS APPROVEDSCH 40 PVC REFER TO DETAIL FOR INSTALLATION DEPTHI-06, I-07SLEEVE OR CONDUITAS APPROVEDSCH 40 PVC REFER TO DETAIL FOR INSTALLATION DEPTHI-06, I-07DRIP EMITTERBOWSMITH SL 206 EMITTERREFER TO PLANTING PLAN FOR ACTUAL PLANT QUANTITY AND LOCATIONS. I-01(CONNECT TO THE EXISTING DRIP VALVE LATERAL LINE)INSTALL (1) EMITTERS PER SHRUB ON THE HIGH SIDE OF THE PLANT. (0.6 GPH) (RISER LENGTH AS REQUIRED). VERIFY THE LAYOUT AND SPACING IN THE FIELDPRIOR TO STARTING WORK. INSTALL PER MANUFACTURER'S SPECIFICATIONS.BUBBLERRAINBIRD 1401 EMITTERREFER TO PLANTING PLAN FOR ACTUAL PLANT QUANTITY AND LOCATIONS. I-02(CONNECT TO THE EXISTING BUBBLER VALVE LATERAL LINE)INSTALL (2) EMITTERS PER PALM ON THE HIGH SIDE OF THE PLANT. (0.25 GPM) VERIFY THE LAYOUT AND SPACING IN THE FIELD PRIOR TO STARTING WORK. INSTALL PER MANUFACTURER'S SPECIFICATIONS.WIRE CONNECTIONS3M DBR/Y-6 "DBY" OR "DBR" DIRECT BURY SPLICE KITS, FOR USE ON ALL WIRE CONNECTIONS.I-03MANUAL FLUSH VALVEMANUAL FLUSH VALVEI-09IRRIGATION LEGENDNO SYMBOLxxP0' 5' 10' 20' 30'NORTHS A N P A S C U A LDE ANZA WAY2907 Shelter Island Drive #105-417San Diego, CA 92106 619-795-7603 www.insitelandarch.comL ICENS E D L ANDSCAPE ARCHITECTSTATE OF CALI FOR NIA No. 4547Tim J achlewski JrSignatureRenewal DateDate11-30-2512-12-23DATE: 12-12-23 100% CONSTRUCTION DOCUMENTSIRRIGATION PLAN, LEGEND, & NOTESI HAVE COMPLIED WITH THE CRITERIA OF THE STATE ANDLOCAL WATER EFFICIENT LANDSCAPE ORDINANCE ANDAPPLIED THEM ACCORDINGLY FOR THE EFFICIENT USE OFWATER IN THE IRRIGATION PLAN.PIPE SIZING CHART0 TO 5 GPM3/4" SCH 40 PVC PIPE5 TO 10 GPM 1" SCH 40 PVC PIPE10 TO 15 GPM 1-1/4" SCH 40 PVC PIPE15 TO 25 GPM1.5" SCH 40 PVC PIPENOTE:CONTRACTOR SHALL SIZE ALL LATERAL LINES PER PIPESIZING CHART, IN NO INSTANCE SHALL PIPE SIZEEXCEED DESIGNATED GPM RANGE.1.THESE PLANS WERE PREPARED USING BASE INFORMATION PROVIDEDBY THE CITY OF PLAM DESERT. THE CONTRACTOR IS RESPONSIBLEFOR VERIFYING THE ACCURACY OF THE PLANS COMPARED TO ACTUALFIELD CONDITIONS PRIOR TO ORDERING MATERIALS AND BEGINNINGWORK. IF THERE ARE DISCREPANCIES BETWEEN THE PLANS AND FIELDCONDITIONS, THE CONTRACTOR SHALL NOTIFY THE OWNER TO WORKOUT A SOLUTION AGREEABLE TO THE OWNER. IF THE CONTRACTORFAILS TO NOTIFY THE OWNER OF THE DISCREPANCIES PRIOR TOBEGINNG WORK, THE CONTRACTOR SHALL BE RESPONSIBLE FOR ANYADDITIONAL LABOR AND MATERIALS AS DIRECTED BY THE OWNER TORESOLVE SUCH DISCREPANCIES AT NO ADDITIONAL COST TO THEOWNER.2.THE CONTRACTOR IS RESPONSIBLE FOR DETERMINING THE LOCATIONOF ALL UTILITIES PRIOR TO ORDERING MATERIALS AND BEGINNINGWORK. THE CONTRACTOR SHALL CLEARLY MARK ALL UTILITIES ANDSHALL BE RESPONSIBLE FOR PRESERVING ALL UTILITIES THROUGHOUTCONSTRUCTION. THE CONTRACTOR SHALL ASSUME FULLRESPONSIBILITY FOR REPAIRING DAMAGED UTILITIES AT NOADDITIONAL COST TO OWNER.3.THE CONTRACTOR SHALL BE RESPONSIBLE FOR REPAIRING ORREPLACING ANY EQUIPMENT AND MATERIALS DAMAGED DURINGCONSTRUCTION WITHIN OR OUTSIDE THE PROJECT LIMIT OF WORK.4.THE CONTRACTOR IS RESPONSIBLE FOR COORDINATING ANDVERIFYING ALL CONDUIT AND IRRIGATION SLEEVING WITH OTHERCONSTRUCTION TRADE CONTRACTORS.5.THE LANDSCAPE IRRIGATION SYSTEM SHALL BE DESIGNED ANDMAINTAINED TO PREVENT SPRAY ON STRUCTURES. FIELD ADJUST ALLSPRINKLERS TO ELIMINATE OVERSPRAY ONTO BUILDINGS,STRUCTURES, WALLS, SIDEWALKS, DRIVEWAYS, OR HARDSCAPE.6.OBTAIN A STATIC WATER PRESSURE READING AT THEPOINT-OF-CONNECTION PRIOR TO PROCEEDING WITH INSTALLATION. IFTHE WATER PRESSURE FOUND IS DIFFERENT THAN SHOWN ON PLANS,CONTRACTOR SHALL NOTIFY LANDSCAPE ARCHITECT OF RECORD FORFURTHER INSTRUCTIONS.7.IRRIGATION PLAN IS DIAGRAMMATIC. CONTRACTOR IS RESPONSIBLEFOR INSTALLING THE IRRIGATION SYSTEM PER MANUFACTURER'SRECOMMENDATIONS AND ADJUSTING THE SYSTEM AS-NEEDED TOACHIEVE UNIFORM COVERAGE.8.THE “SMART” CONTROLLER SHALL PROGRAMMED PERMANUFACTURER'S INSTRUCTIONS AND SHALL BE SET TO“AUTOMATICALLY ADJUST” BASED ON WEATHER ON OR PRIOR TO DAY60 OF THE MAINTENANCE PERIOD. THE CONTRACTOR SHALL CLOSELYMONITOR IRRIGATION AND FINE-TUNE THE CONTROLLER SETTINGS FOREACH STATION DURING DAYS 61-90 OF THE MAINTENANCE PERIOD.9.PROVIDE WIRE SLEEVES AT EACH PRESSURE SUPPLY LINE SLEEVE PERDETAILS AND SPECIFICATIONS.10.REFER TO SPECIFICATIONS FOR ADDITIONAL REQUIREMENTS.IRRIGATION NOTESPage 334 of 495 2907 Shelter Island Drive #105-417San Diego, CA 92106 619-795-7603 www.insitelandarch.comL ICENS E D L ANDSCAPE ARCHITECTSTATE OF CALI FOR NIA No. 4547Tim J achlewski JrSignatureRenewal DateDate11-30-2512-12-23DATE: 12-12-23 100% CONSTRUCTION DOCUMENTSIRRIGATION DETAILS1.TOP OF MULCH2.VALVE BOX WITH COVER3.30-INCH LENGTH OF WIRE, COILED - PROVIDE WATERPROOFCONNECTION AT SPLICE4.REMOTE CONTROL VALVE - (REFER TO LEGEND)5.PVC SCH 80 NIPPLE, CLOSE6.PVC SCH 40 ELL7.PVC SCH 80 NIPPLE, LENGTH AS REQUIRED8.BRICK (4) LOCATIONS9.PVC SCH 80 NIPPLE (2" LENGTH, HIDDEN) AND SCH 40 ELL AND SCH40 ELL OR TEE10.PVC SCH 40 MALE ADAPTER/ LATERAL LINE CONNECTION11.3-INCH MIN. DEPTH OF 3/4-INCH WASHED GRAVEL12.PVC PRESSURE SUPPLY LINE PIPE13.CONTROL WIRES IN SCH. 40 PVC ELECTRICAL CONDUITCONTINUOUS TO CONTROLLER. (AQUASEAL / VAPOR LOCK OPENEND OF CONDUIT)14.SEE VALVE IDENTIFICATION TAG DETAILREMOTE CONTROL VALVESCALE: N.T.S.I-045.6.3" MIN.2.3.7.8.9.10.11.12.4.1.13.TRENCHBELOW HARDSCAPESCALE: N.T.S.I-061.HARDSCAPE PAVING2.BACKFILL MATERIAL (FREE OF ROCKS AND DEBRIS GREATERTHAN 1")3.NON-PRESSURE LATERAL LINE SLEEVE, SEESPECIFICATIONS4.CONSTRUCTION GRADE SAND5.PRESSURE SUPPLY LINE SLEEVE, SEE SPECIFICATIONS6.CONTROL WIRES IN SLEEVE, SEE SPECIFICATIONS2.3.4.1.5.6.36" 24" 6"WIDTH PER SPECIFICATIONSTRENCHIN LANDSCAPESCALE: N.T.S.I-071.MULCH2.FINISH GRADE3.NON-PRESSURE LATERAL LINE, SEE SPECIFICATIONS4.BACKFILL MATERIAL (FREE OF ROCKS AND DEBRIS GREATERTHAN 1")5.PRESSURE SUPPLY LINE, SEE SPECIFICATIONS6.CONTROL WIRES, SEE SPECIFICATIONS7.CONSTRUCTION GRADE SAND (6" ABOVE AND BELOWPRESURE SUPPLY LINE)2.3.4.1.5.6.18" 12" 6"WIDTH PER SPECIFICATIONS7.6" MIN.A-3A-2A-1BVBVQC1.PVC SCH 40 MANIFOLD PIPE - SIZE PER PLANS (LOCATEUNDERNEATH VALVE BOXES)2.ELECTRIC CONTROL VALVE3.HEAT BRAND ALL VALVE BOXES PER SPECIFICATIONS4.PRESSURE SUPPLY MAINLINE (SIZE PER PLANS)5.CONTROL VALVE MANIFOLD (5 VALVES MAXIMUM)6.BALL VALVE TO MANIFOLD7.BALL VALVE TO QUICK COUPLER8.QUICK COUPLER - PER PLANSMANIFOLD CONFIGURATIONFOR CONTROL VALVES AND QUICK COUPLERSSCALE: N.T.S.I-054.5.1'-6"1'-6"1'-6"1'-6"1'-6"6.7.3.2.1.8.NOTE:1WIRE CONNECTOR SHALL BE A 3M DBY DIRECT BURY SPLICE KIT.KIT SHALL INCLUDE A SCOTCHLOK SPRING CONNECTOR, APOLYPROPYLENE TUBE AND A WATERPROOF SEALING GEL.TUBE SHALL BE SUPPLIED PREFILLED WITH GEL. DIRECT BURYSPLICE KIT SHALL BE USED TO ELECTRICALLY CONNECT 2 - 3 #14OR 2 #12 PRE-STRIPPED COPPER WIRES. LARGER WIRES ORGREATER QUANTITIES OF WIRES SHALL REQUIRE A LARGERAPPROVED WIRE CONNECTION.1.LOW VOLTAGE WIRES, 3 MAXIMUM2.WIRES PASS THROUGH GROOVES IN TUBE LID TO ALLOW LIDTO CLOSE3.CLOSE TUBE LID AFTER WIRE IS INSERTED INTO TUBE4.POLY TUBE PRE-FILLED WITH WATERPROOF GEL5.LOCK TABS PREVENT WIRE REMOVAL ONCE CONNECTOR ISINSERTED6.SCOTCHLOK ELECTRICAL SPRING CONNECTOR. WIRESSHALL BE PRE-STRIPPED OF 1/2" OF THE INSULATION PRIORTO INSERTION INTO THE CONNECTOR. TWIST CONNECTORONTO WIRES TO SEAT FIRMLY. SCOTCHLOK CONNECTORAND WIRES INSERTED INTO TUBE UNTIL THE CONNECTORPASSES LOCK TABSWIRE SPLICE CONNECTIONFOR LOW VOLTAGE CONTROLLER WIRESSCALE: N.T.S.I-0323456PALM BUBBLERSCALE: N.T.S.I-021.EMITTER / BUBBLER2.12" SCHEDULE 80 PVC RISER MAINTAIN 3" ABOVE FINISHGRADE3.TOP OF MULCH4.FINISH GRADE5.2-1/2" MARLEX STREET ELL6.PVC SCH 40 TEE OR ELBOW LINE SIZE7.PVC LATERAL PIPEDRIP EMITTERSCALE: N.T.S.I-011.2.3.4.12"2"6.7.5.1.PALM2.PALM ROOT BALL3.RAINBIRD 1401 BUBBLER (2) PER PALM4.PCV RISER -SCH 805.PVC LATERAL PIPE6.SWING JOINT7.MULCH MATERIAL PER PLANS, PROVIDE 3"CLEARANCE FROM TRUNK8.SAND BACKFILL PER SPECIFICATIONS1.7.2.3.4.6"5.6.8.Page 335 of 495 2907 Shelter Island Drive #105-417San Diego, CA 92106 619-795-7603 www.insitelandarch.comL ICENS E D L ANDSCAPE ARCHITECTSTATE OF CALI FOR NIA No. 4547Tim J achlewski JrSignatureRenewal DateDate11-30-2512-12-23DATE: 12-12-23 100% CONSTRUCTION DOCUMENTSIRRIGATION SPECIFICATIONSSECTION 328400IRRIGATION SYSTEMPART 1 - GENERAL1.01SUMMARY:A.This section covers the furnishings of all materials and performing all operations toprovide a complete operable landscape irrigation system as shown on the drawingsincluding the following:1.Trenching, stockpiling excavated materials and refilling trenches.2.Irrigation system components including but not limited to: piping, backflowprevention devices and enclosures, valves, fittings, rotors, spray heads, controllers,wiring and final adjustments as determined by the landscape architect to insureefficient and uniform distribution.3.Pipe connections to irrigation pump stations, water meters and backflowprevention devices.4.Testing and inspection of irrigation system.5.Clean-up and maintenanceB.The conditions of the Contract and Division 1 apply to this section as fully as if repeatedherein.1.02RELATED REQUIREMENTS:A.Section 329300 LandscapingB.Section 320533 Landscape Maintenance1.03GENERAL REQUIREMENTS:A.Code Requirements shall be those of State and Municipal Codes and Regulations locallygoverning this work, providing that any requirements of the Drawings andSpecifications, not conflicting therewith but exceeding the Code Requirements shallgovern, unless written permission to the contrary is granted by the Landscape architect.B.Conform to the requirements of the reference information listed below except wheremore stringent requirements are shown or specified in the most current set ofconstruction documents:1.American Society for Testing Material (ASTM), for test methods specificallyreferenced in this section.2.Underwriter's Laboratories (UL), for UL wires and cables.C.Work involving substantial plumbing for installation of brass piping, backflowprevention devices and other related work shall be executed by a licensed and bondedplumbing contractor. Any necessary permits shall be obtained prior to beginning work.D.Specified depths of pressure supply lines, laterals and pitch of pipes as stated in thissection are minimums. Settlement of trenches lower than grades specified on the finalgrading plans is cause for removal of finish grade treatment, refilling trenches,recompacting and repairing of finish grade treatment.E.Follow current printed manufacturer's specifications and drawings for items orinformation not specified or graphically indicated in the most current set of constructiondrawings.F.Scaled dimensions are approximate and at times it is not possible to indicate offsets,fittings and other related equipment graphically on the construction drawings.Contractor shall be responsible for minor changes caused by actual site conditions.Before proceeding with any work, the Contractor shall carefully check and verify alldimensions of related landscape architectural elements, utilities and landscaping andfurnish and install required fittings.G.Do not install the irrigation system as shown on the construction drawings when it isobvious that actual field conditions such as physical obstructions, grading discrepanciesand field dimensions vary from those recorded on the construction drawings.Immediately bring any such discrepancies to the attention of the landscape architectprior to proceeding with work. If immediate notification is not given and suchdiscrepancies exist, the contractor shall assume full responsibility for necessaryrevisions, as determined by the landscape architect.1.03EXISTING FIELD CONDITIONS:A.Preserve and protect all existing trees, plants, monuments, structures, hardscape andlandscape architectural elements from damage due to work in this section. In the eventthat damage does occur to inanimate object and structures, the contractor shall repair orreplace such damage to the satisfaction of the owner or owner's representative. Damageor injury to living plant material shall be replaced by the contractor at the contractor'sexpense.B.Trenching or other work required in this section under the limb spread of existing treesshall be done by hand or by other methods so as to prevent damage or harm to limbs,branches and roots.C.Trenching in areas where root diameter exceeds 2 inches shall be done by hand.Exposed roots of this size shall be heavily wrapped with moistened burlap to avoidscarring or excessive drying. Where a trenching machine is operated in proximity toroots that are less than 2 inches, the wall of the trench shall be hand trimmed , makingclean cuts through roots.D.Trenches adjacent to or under existing trees shall be closed within 24 hours, and whenthis is not possible, the side of trench closest to the tree or trees affected shall be coveredwith moistened burlap.E.Protect, maintain and coordinate work with other contracts, specifications, trades, andutilities. Extreme care shall be exercised in excavating and working in the area due toexisting utilities. Contractor shall be responsible for damages caused by their operations.In the event that damage does occur, the costs of such repairs shall be paid by thecontractor unless other arrangements have been made with the owner.F.Use caution where trenches and piping cross existing roadways, sidewalks, hardscape,paths or curbs. In the event that damage does occur, the contractor will repair suchdamage at the contractor's expense.1.04REQUIRED DOCUMENTS:A.Submittals1.Submit 1 (one) PDF file of all irrigation equipment to be used, manufacturer'sbrochures, service manuals, guarantees, and operating instructions for approval tothe landscape architect prior to beginning work. Submittals should be in a boundform complete with table of contents. The contractor shall not proceed with workin the field until this submittal is approved in its entirety by the landscape architect.B.Service Manuals1.The Contractor shall furnish (4) four service manuals to the owner prior toscheduling a walk through for substantial completion. Manuals shall be submittedin a bound form complete with a table of contents, and workmanship form oncompany letterhead copy of contractor's warranty and shall contain completeenlarged drawings of all equipment installed showing component warranties andcatalog numbers together with the manufacturer's name and address. Manuals shallinclude operation instructions. Manuals shall be subject to approval by the owneror owner's representative as to completeness.C.Record Drawings/As-builts1.Prior to beginning work in the field the contractor shall secure a complete set ofirrigation plans at the original scale complete with details and specifications. Thecontractor shall be responsible for making a set of prints for every week on theproject. At the end of each working day, the contractor shall record all workaccomplished for that day on the set of prints in red ink. These record drawingsshall be brought up to date at the end of each work week by a qualifieddraftsperson. The drawings should indicate the following:(a)Any zoning changes.(b)Dimension from two permanent points of reference (building corners, fixedhardscape corners, road intersections, or permanent existing utilities) thelocation of the following items:(1)Water meters.(2)Pump stations.(3)Connection to existing water lines.(4)Routing of pressure supply lines at every 100' along routing.(5)Backflow Prevention Devices(6)Flow Sensors(7)Master Valves(8)Isolation Ball Valves(9)Quick Coupling Valves(10)Air Release Valves(11)Electric Control Valves(12)Drip Valve Assemblies(13)Flush Valve Assemblies(14)Swing Check Valves(15)Central Control System Controllers(16)Grounding rods.(17)Control wire routing (if routed separately from pressure supply line).(18)Control wire splices that are outside of the controller.(19)Weather Station Equipment(20)Communication Equipment for Central Control System(21)Other equipment as directed by the landscape architect.2.Prior to scheduling a walk through for substantial completion, provide a record setof field as-built drawings as described above to the landscape architect for review.After review, the landscape architect will return the as-built set to the field foremanrequesting further information or will notify the owner that the record set of fieldas-builts drawings are complete. After approval from the owner, a walk through forsubstantial completion may be scheduled.3.Prior to scheduling the final walk through, the final set of irrigation as-builtdrawings shall be professionally drafted in AutoCAD by the landscape architect.4.The landscape architect and the contractor shall verify the final as-builts at the timeof the final walk through and once successful the landscape architect shall deliverthe final set of as-built drawings to the owner or owner's representative prior toinitiating the maintenance period for the contractor.D.Controller Charts1.Prior to scheduling a walk through for substantial completion, provide a record setof field controller charts which have color coded each station within eachcontroller to the landscape architect for review. After review, the landscapearchitect will return the controller charts to the field foreman requesting furtherinformation or will notify the owner that the record set of controller charts arecomplete. After approval from the owner, a walk through for substantialcompletion may be scheduled.2.Prior to scheduling a final walk through, one set of controller charts shall beprofessionally drafted by the contractor for each controller unit installed on theproject. The controller drawings shall be an actual AutoCAD reduction of the areacovered by that controller unit and shall be at the maximum allowable scale thatwill fit inside the controller door without folding the drawing.3.The landscape architect and the contractor shall verify each controller chart at thetime of the final walk through and once successful, the contractor shall deliver thefinal set of controller charts to the owner or owner's representative (and one PDFfile via email to the landscape architect and owner) prior to initiating themaintenance period for the contractor. The controller chart sent to the owner shallbe hermetically sealed between two (2) pieces of minimum 20 mils thick plastic.4.The contractor shall then permanently fix the controller chart to the inside of theapplicable controller.PART 2 - PRODUCTS2.01PIPINGA.General Piping:1.Pipe sizes shown are nominal inside diameter unless otherwise noted.2.Pipe shall be identified with the following indelible markings:(a)Manufacturer's name.(b)Nominal pipe size.(c)Schedule or class.(d)Pressure rating.(e)NSF (National Sanitation Foundation) seal of approval.(f)Date of extrusion.3.All pipe shall be purple for Recycled Water points of connection.B.Solvent Weld Pressure Supply Line:1.Solvent Weld Pressure Supply Line: (downstream of Backflow prevention device)PVC CL315BE (1" - 3")(a)Manufactured from virgin polyvinyl chloride (PVC) compound in accordancewith ASTM D2241 and ASTM D1784; cell classification 12454-B.(b)Type 1, Grade 1.2.Fittings: Standard weight, Schedule 40, injection molded PVC, complying withASTM D1784 and D2466, cell classification 12454-B.(a)Threads- Injection molded type (where required)(b)Tees and Ells- side gated3.Threaded Nipples: ASTM D2464, Schedule 80 with molded threads.4.Joint Cement and Primer: Type as recommended by manufacturer of pipe andfittings.C.Non-Pressure Lines Below Grade:1.Non-Pressure Lines: (downstream of electric remote control valve) PVC SCH 40.2.Fittings: Standard weight, Schedule 40, injection molded PVC, complying withASTM D1784 and D2466, cell classification 12454-B.(a)Threads- Injection molded type (where required)(b)Tees and Ells- side gated(c)Threaded Nipples: ASTM D2464, Schedule 80 with molded threads.3.Joint Cement and Primer: Type as recommended by manufacturer of pipe andfittings.D.Sleeving and Conduit:1.All PVC sleeving for pressure supply line and non- pressure supply line shall betwice the nominal size of the pipe within and used for sleeves below grade asindicated in the following sleeve and conduit schedule:2.Sleeving and Conduit Material Under Hardscape:(a)PVC SCH 40 for 1"-2 1/2" pressure supply line.(b)PVC SCH 40 for 3" and larger pressure supply line.(c)PVC SCH 40 for non- pressure lines.(d)(1) one ¾” PVC SCH. 40 conduit for up to 5 wires.(e)(1) one 1” PVC SCH. 40 conduit for up to 8 wires.(f)(1) one 1 ¼” PVC SCH. 40 conduit for up to 15 wires.(g)(1) one 1 ½” PVC SCH. 40 conduit for up to 20 wires(h)(1) one 2" PVC SCH 40 conduit for up to 30 wires.(i)(1) one 2 ½”" PVC SCH 40 conduit for up to 35 wires.(j)(1) one 3/4" PVC SCH 40 wire conduit for flow sensing cable.(k)(1) one 3/4" PVC SCH 40 wire conduit for master valve wire.2.02BACKFLOW PREVENTION DEVICEA.Existing.2.03WYE STRAINERA.Existing.2.04PRESSURE REGULATING VALVEA.Existing.2.05MASTER VALVESA.Existing.2.06FLOW SENSORSA.Existing.2.07ISOLATION BALL VALVES FOR PRESSURE SUPPLY LINEA.Existing.2.08QUICK COUPLING VALVESA.Existing.2.09ELECTRIC CONTROL VALVESA.Existing.2.10DRIP VALVE ASSEMBLIES:A.Existing..2.11 ALL IRRIGATION EMISSION DEVICES:All irrigation emission devices must meet the requirements set in the American NationalStandards Institute (ANSI) standard, American Society of Agricultural and BiologicalEngineers'/International Code Council's (ASABE/ICC) 802-2014 "Landscape IrrigationSprinkler and Emitter Standard, All sprinkler heads installed in the landscape mustdocument a distribution uniformity low quarter of 0.65 or higher using the protocoldefined in ASABE/ICC 802-2014.2.12HARD PIPED POINT TO POINT DRIP IRRIGATION:A.Riser Assembly For Hard Piped Point to Point Drip Irrigation:1.As specified on drawings.B. Emitters For Hard Piped Point to Point Drip Irrigation:1.As specified on drawings.2.13SUB SURFACE DRIP IRRIGATION:A.Drip Tubing For Subsurface Drip Tubing:1.As specified on drawings.B.Pressure Regulator Valves For Subsurface Drip Tubing:1.As specified on drawings.C. Air/Vacuum Relief Valves for Subsurface Drip Tubing:1.As specified on drawings.2.14CHECK VALVES:A.Existing.2.15FLUSH VALVE ASSEMBLIES:A.Existing.2.16VALVE BOXES:A.Rectangular valve boxes shall be 9-1/2 inch wide by 16 inch long and 11 inch high.Round valve boxes shall be 10-inch diameter and 10 1/4 inch. All valve boxes shall beconstructed of rigid polyolefin.B.Valve boxes shall have locking covers secure with a 3/8-inch stainless steel bolt andwasher.C.Rectangle valve boxes shall be used for control valves, master control valves, pressureregulators, flow sensors, wye strainers, filtration devices, ball valves and pull boxes.D.Round valve boxes shall be used for gate valves quick coupler valves, flush valveassemblies and spare wires.E.All valve boxes to be green in color unless otherwise specified for use of reclaimedwater. All valve boxes for reclaimed water shall be purple in color and bare thereclaimed water warnings as well as the international "Do Not Drink" symbol.F.Heat brand all box lids with the appropriate two-inch high identification letters and/ornumbers.G.All valve boxes shall receive landscape fabric. Landscape fabric shall be constructed of5.0 oz. weight proven polypropylene weed barrier with burst strength of 225 P.S.I. andcapable of 12 gallons per minute of water flow and puncture strength of 60 lbs. DewittPro, Mirify or approved equal.H.All valve boxes shall receive 2 cubic feet of 3/4-inch gravel.I.Valve Tag: Manufactured from UV stabilized plastic with 180lbs pull out resistance andhot stamped for maximum visibility. Top hole shall be designed to pass a 16 gauge orsmaller solenoid pigtail or attach with a nylon tie.2.17AUTOMATIC CONTROLLER UNITA.Existing.2.18ELECTRIC CONTROL VALVE WIREA.Low Voltage:1.AWG UF UL approved No. 14 direct burial copper wire for all control wires andNo. 14 direct burial copper wire for all common wires.2.Wire Colors:(a)Control Wires- As specified on drawings(b)Common Wires- As specified on drawings.(c)Master Valve Wires- Blue.(d)Spare Wires- Green (labeled at termination)3.Wire Splice Connectors: 3M DBY Direct Bury Splice Kits.B.High Voltage:1.Type required by local codes and ordinances, of proper size to accommodate needsof equipment serviced.2.19PIPE JOINT RESTRAINTSA.All pressure line fittings 4 inch and larger shall be iron ductile deep bell type constructedof grade 65-45-12 and shall be in accordance with ASTM A536. Rubber for gaskets infittings shall be in accordance with ASTM-477. All iron ductile fittings shall havestainless steel exterior lugs to secure a joint restraint system.2.20SAND BEDDINGSand bedding shall be construction grade.Page 336 of 495 2907 Shelter Island Drive #105-417San Diego, CA 92106 619-795-7603 www.insitelandarch.comL ICENS E D L ANDSCAPE ARCHITECTSTATE OF CALI FOR NIA No. 4547Tim J achlewski JrSignatureRenewal DateDate11-30-2512-12-23DATE: 12-12-23 100% CONSTRUCTION DOCUMENTSIRRIGATION SPECIFICATIONSPART 3 - EXECUTION3.01PREPARATIONA.Examine field conditions prior to beginning work described in this section. Gradingoperations shall be completed and approved prior to beginning work.B.Verify all sleeve locations below future hardscape and/or across concrete v-ditches priorto beginning work in this section. Flag all existing sleeves and conduits installed byother trades. Report any conflicts and discrepancies to the landscape architectimmediately.C.Irrigation system shall be constructed to the sizes and grades at the locations shown onthe drawings. Mark with powdered lime or marking paint routing of pressure supply lineand stake the location of each head, rotor, electric control valve and other relatedequipment for the first three zones. Landscape architect shall review staking and directany necessary changes with the contractor prior to proceeding to other zones. Thisreview does not in any way alleviate the contractor from the responsibilities associatedwith proper uniformity and distribution of head placement after staking.D.Install sleeves, to accommodate pipes and wires, under paving, hardscape areas,sidewalks, and paths prior to asphalt and concrete operations. Compact backfill aroundsleeves to 95% Modified Proctor Density within 2% of optimum moisture content inaccordance with ASTM D1557.3.02EXCAVATION AND BACKFILLING OF TRENCHESA.Trench excavation shall as much as possible follow the layout shown on the drawings.Trenches shall be straight in alignment and support pipe continuously on bottom oftrench. Remove rocks and debris greater than 1" in diameter. Over excavate as requiredfor bedding material.B.Depth of Trench (in landscape areas):1.Pressure Supply Line: 24" from top of pipe to finish grade.2.Non-Pressure Line: 12" from top of pipe to finish grade.3.Control Wiring: directly at side and bottom of pressure supply line.4.Pressure Supply line Locator Tape: 6" above top of pipe.C.Depth of Trench (under asphalt, paving, or concrete):1.Pressure Supply Line: 36" from top of pipe to finish grade.2.Non-Pressure Line: 24" from top of pipe to finish grade.3.Control Wiring: directly at side and bottom of pressure supply line.4.Pressure Supply line Locator Tape: 6" above top of pipe.(a)Piping located under asphalt paving or concrete shall be installed with theappropriate sized sleeve and backfilled with sand bedding (6" below pipe and6" above pipe).(b)Compact backfill material in 6" lifts at 90% maximum density determined inaccordance with ASTM D1557 using manual or mechanical tamping device.(c)Set in place, cap, and pressure test piping in the presence of the owner orowner's representative prior to backfilling.D.Width of Trench:1.Pipe Greater than 3": 14" minimum.2.Pipe Less than 3": 7" minimum.E.Width between Trenches:1.Irrigation Trench to Irrigation Trench: 6" minimum.2.Irrigation Trench and other Trade Trenches: 12" minimum.F. Boring: Boring will only be permitted where pipe must pass under an obstruction thatcannot be avoided or removed. Backfill shall match surrounding soil density and grain.Boring under existing paving, sidewalks, or hardscape may be permitted at contractor'sown risk. Contractor is responsible for any repairs or damage to such items at their ownexpense.G.Backfilling: Backfilling of trenches may not be done until all required testing for theirrigation system has been completed.1.Material: Excavated material is generally considered to be adequate for backfillingoperations. Before beginning the backfilling operation, insure that backfill materialis free from debris and rocks greater than 1" in diameter. These materials afterseparated from backfill, shall be legally disposed of at contractor's expense.2.Bedding: Bed pressure supply line with construction grade sand 6" above and 6"below pipe as shown on details. Remaining backfill may be as described above.3.Bed all electrical control wire trenched separate from pressure supply line, withconstruction grade sand 6" above and 6" below wires.4.When backfilling, slightly mound filled trenches for settlement after backfilling iscompacted. Compact backfill to a 90% maximum density in accordance withASTM D1557 with a mechanical tamper. Do not leave trenches open for a periodgreater than 48 hours. Open trenches shall be protected in accordance with currentOSHA regulations.5.Smooth trenches to finish grade prior to requesting a walk through for substantialcompletion with the landscape architect.3.03POINT OF CONNECTION(S)A.Existing.3.04INSTALLATION OF SOLVENT WELD POLYVINYL CHLORIDE PIPE (PVC)A.Polyvinyl chloride pipe shall be cut with an approved PVC pipe cutter designed only forthat purpose.B.All plastic-to-plastic solvent weld joints shall use only the solvent recommended by thepipe manufacturer. Do not install solvent weld pipe when temperature is below 40° F.C.Pipe ends and fittings shall be wiped with MEK, or approved equal, before weldingsolvent is applied. Welded joints shall be given a minimum of 15 minutes to set beforemoving or handling.D.Pipe shall be snaked from side-to-side on trench bottom to allow for expansion andcontractions.E.All changes of direction over 15 degrees shall be made with appropriate fittings.F.When pipe laying is not in progress at the end of each working day, close pipe ends withtight plug or cap.G.Install pressure supply line locating tape along the entire length of pressure supply line.H.Coordinate pressure supply line with sand bedding operations.I.No water shall be permitted in the pipe until inspections have been completed and aperiod of at least 24 hours has elapsed for solvent weld setting and curing.J.J.Center load pipe with small amount of backfill to prevent arching and slipping underpressure. Leave joints exposed for inspection during testing.3.05CHECK VALVESA.Install swing check valves as specified on drawings.B.Install spring check valves as specified on drawings.3.06VALVE BOXESA.Install valve boxes with each type of irrigation equipment so that top of valve box isabove finish grade as specified on the detail drawings. Valve box extensions are notacceptable.B.Place gravel sump below and around each valve box prior to installing valve box asspecified on the drawings. Place remaining portion of gravel inside valve box allowingfull access in and around all fittings. Valve box shall be fully supported by gravel sump.No wood supports are allowed.C.Brand valve box lid of associated equipment as follows:1.Electric control valve box lid with "Controller Letter and Station Number".2.Quick coupling valve box lid with the letters "QC".3.Isolation ball valve box lid with the letters "BV".4.Air relief valve box lid with the letters "AR".5.Spare Wire box lids with the letters “SW”6.Wire Splice box lid with the letters "WS".(a)Letter and number size of brand shall be no less than 1" and no greater than 11/2" in height and shall be 1/8" maximum in depth. Provide sample brandingto the owner or owner's representative prior to commencement of work.D.Walk through for substantial completion will not be allowed until all branding iscomplete.3.07ELECTRICAL WIREA.Low Voltage Wiring:1.Bury control wiring in same trench as pressure supply line as specified.2.Bundle all 24 volt wires at 20' intervals with electrical tape.3.Provide expansion loops at every pressure supply line angle fitting, inside eachelectric remote control valve box, and at 250' length intervals along routing. Formexpansion loop by wrapping wire a minimum of 10 times around a 3/4" pipe andwithdrawing pipe as specified on the drawings.4.Limit splicing of electrical wiring. Provide each splice made at intervals or inelectric control valve and drip valve assembly valve boxes with 3M DBY DirectBury Splice Kits.5.Wire splices occurring at intervals outside electric control valve boxes shall beinstalled in a separate valve box.6.Provide (1) one electrical control wire for every electric control valve. Piggybacking like zones on the same electrical control wire is not allowed.7.Install (2) two spare #14-1 electrical control wires from the automatic controllerunit pedestal to the last electric control valve on each leg of pressure supply line.Locate the spare wires in their own valve box. In addition to these spare wires,check the drawings for any additional wires that may be required and locate themin the same valve box as the spare wires.B.High Voltage Wiring:1.Install 120 volt power from power source to automatic controller unit followinglocal governing codes and ordinances.3.08QUALITY CONTROLA.Preconstruction Meeting: The contractor is responsible for contacting the landscapearchitect prior to beginning construction and/or ordering materials to establish a meetingto review and discuss project objectives, concerns and to review the constructiondocuments to insure a complete understanding of required installation procedures.B.General Observation: The landscape architect will visit the construction site at interimtimes during the construction process to access construction progress regardinginstallation of irrigation equipment to be in compliance with the drawings, details,specifications and site conditions. The landscape architect will prepare a site report aftereach visit noting progress of installation, verbal communication with the contractor andidentifying any field adjustments necessary which require modifications to the designedirrigation system. A copy of this site report will be delivered to both the owner and thecontractor. The contractor is responsible to immediately address each item on the sitereport before proceeding with further construction.C.Pressure Testing the Pressure Supply Line: After backfilling, flushing, and prior to theinstallation of each electric control valve, isolation ball valve and quick coupling valvethe irrigation system shall be pressure tested.1.Pressure testing shall be performed in the presence of the landscape architect andowner or owner's representative utilizing the following procedure:(a)Pressurize the irrigation system to 150 psi for a period of no less than 3 hours.The pressure gauge used for the pressure test shall not exceed readingsgreater than 300psi. Pressure pump and other equipment necessary for thetest shall be furnished by the contractor.(b)Test is acceptable if no leakage occurs within the system for the duration ofthe testing period.(c)If leaks occur, repair said leaks and begin pressure test again. Repeat thisoperation until no leaks occur in the irrigation system.(d)Before requesting a walk through for substantial completion, the entireirrigation system shall remain under pressure for a period of no less than 48hours.2.The contractor is responsible for notifying the landscape architect three days inadvance of the pressure test.D.Flushing: Center load all piping prior to flushing. After all new irrigation piping andrisers are in place and connected and all necessary diversion work has been completedand prior to the installation of sprinkler heads, rotors and quick coupling valves,thoroughly flush piping system under full head of pressure. After the furthermost riserfrom the point of connection begins to flush, continue flushing for a duration of fiveminutes. After the system is thoroughly flushed, cap all risers.E.Walk Through For Substantial Completion:1.Before requesting a walk through for substantial completion the followingrequirements must be entirely satisfied:(a)The entire irrigation system is completely installed, flushed and satisfactorilypressure tested. If the contractor failed to notify the landscape architect forthe pressure test and flushing procedures stated above than the contractorassumes full responsibility for any design modifications directed by thelandscape architect during the walk through for substantial completionregarding pressure and flushing issues.(b)All valve boxes have been branded.(c)All automatic controllers are fully operable and communication has beencertified in writing and checked at central control system by the centralcontrol system manufacturer on their letter head.(d)Record as-built drawings have been submitted to the landscape architect forreview as to completeness.(e)(4) Four Services manuals have been delivered to the owner or owner'srepresentative.2.Once the above requirements have been met a walk through for substantialcompletion may be requested. The following procedures will be used during thewalk through:(a)Contractor must have (2) two personnel available with radio communicationfor the entire length of the walk through.(b)All valve box lids shall be removed from valve boxes and placed face upadjacent to the valve box prior to beginning the walk through.(c)The walk through will be divided into (2) two sections and proceed asfollows:(1)Visual Walk Through: This will consist of walking through the entireirrigation system and examining all components of the system withoutturning on zones. A punch list will be established of deficiencies in theconstruction and workmanship of the irrigation system as compared tothe construction drawings, details, and specifications.(2)Operational Walk Through: This will consist of walking through theentire irrigation system observing each zone in a fully operablecondition. Valves must be activated from the automatic controller unit(Manual bleeding of individual electric control valves will not beacceptable). A punch list will be established of deficiencies in theoperation of each zone in the irrigation system evaluating but notlimited to head spacing, row spacing, nozzle sizing, correct radius ofthrow, correct stationing, as compared to the construction drawings,details, and specifications.3.Once the Walk Through for Substantial Completion has been completed thelandscape architect will provide a copy of all punch list items to the owner forreview and distribution to the contractor. It is the contractor's responsibility torepair, replace, and adjust all items on the punch prior to requesting a final walkthrough.F.Final Walk Through:1.Before commencement of a final walk through is requested, the followingrequirements must be entirely satisfied:(a)Each item on the walk through for substantial completion has beenthoroughly addressed and resolved by the contractor.(b)All final record as-built drawings and controller charts have been producedfor review by the landscape architect and contractor at the final walk through.2.Once the above requirements have been met a final walk through may berequested. The following procedures will be used:(a)Contractor must have (2) two personnel available with radio communicationfor the entire length of the walk through.(b)Only those valve box lids shall be removed from valve boxes as indicated onthe walk through for substantial completion punch list.The valve box lids shall be placed faced up adjacent to the valve box prior tobeginning the final walk through.(c)The final walk through will be divided into (2) two sections and proceed asfollows:(1)Visual Walk Through: This will consist of walking through the punchlist items created at the time of the walk through for substantialcompletion, examining all components of the system without turning onzones. Any remaining deficiencies in the construction and workmanshipof the irrigation system as compared to the punch list generated at thetime of the walk through for substantial completion, constructiondrawings, details and specifications will be noted.(2)Operational Walk Through: This will consist of walking through thepunch list items created at the time of the walk through for substantialcompletion and observing each zone in a fully operable condition.Valves must be activated from the automatic controller unit (Manualbleeding of individual electric control valves will not be acceptable).Any remaining deficiencies in the operation of each zone in theirrigation system including but not limited to head spacing, row spacing,nozzle sizing, correct radius of throw, correct stationing as compared tothe punch list generated at the time of the walk through for substantialcompletion construction drawings, details, and specifications.3.Once the Final Walk Through is completed and all items created on the final punchlist have been addressed the maintenance period may begin. Any additional walkthroughs required due to contractors' inability to address all issues on the punchlists described above will be provided at the contractor's expense.3.08MAINTENANCE PERIODA.The Maintenance Period shall be for ninety (90) days after notification from thelandscape architect of a successful final walk through and will begin once all items onthe final walk through punch list have been satisfactorily addressed by a writtenstatement indicating such from the landscape architect to the owner.1.The contractor is responsible for obtaining and following any maintenancemanuals created specifically for the project from the owner at the beginning of themaintenance period.2.At the end of the maintenance period and prior to turning the project over to theowner, the contractor shall deliver the following to the owner:(a)Five (5) pop-up spray heads with nozzles of each type used, for every 100pop-up spray heads installed on the project.(b)Five (5) rotor heads with nozzles of each type used, for every 100 rotorsinstalled on the project.3.Once the contractor has fulfilled all maintenance agreement obligations and hasprovided the above items to the owner, the maintenance period will end see section320533 Landscape Maintenance, for maintenance responsibilities.B.Refer to the Maintenance Specifications for weather-based or soil moisture-basedcontroller settings during the maintenance period.END OF SECTION 328400Page 337 of 495 Page 338 of 495 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: April 25, 2024 PREPARED BY: Carlos Flores, AICP, Principal Planner REQUEST: APPROVE 2024/25 WORK PLAN FOR THE CULTURAL RESOURCE PRESERVATION COMMITTEE RECOMMENDATION: Approve the 2024/25 Annual Work Plan for the Cultural Resources Preservation Committee. BACKGROUND/ANALYSIS: On March 27, 2024, the Cultural Resources Preservation Committee (CRPC) met and set up priorities and objectives for the 2024/2025 Fiscal Year based off a survey of priorities submitted by the CRPC members. A staff report with details on the priorities and objectives identified by the CRPC can be found attached to this report. At the March 27th meeting, the CRPC established and provided more details on five (5) priority items to present to the City Council, which are summarized in Table 1 below: Table 1 – FY 24/25 CRPC Work Plan Priority Description Cost Time/Process City wide survey Conduct a city-wide cultural resources survey, complete with GIS resources, and provide quarterly updates. Estimate: $40,000 Time: 6-9 months Next Steps: RFP has been sent out to conduct survey. Staff will provide updates at each subsequent CRPC meeting Update the website Update CRPC presence on city website to have correct and updated information. City staff time Time: 3 months Next Steps: City staff will work with Public Affairs to update and refresh website Education Provide educational resources for new CRPC members and for residents and visitors, such as booklets and training. Provide a “California Preservation Foundation” (CPF) collaborator membership which provides a wide range of training material. Estimate: $10,000 Time: Ongoing Next Steps: Staff will set up a collaborator CPF membership, seek additional educational resources to provide to CRPC, and seek options on public education (booklets/pamphlets) CLG Designation Begin the process of an application to the California state historic preservation office for a Certified Local Government designation. City staff time Time: 9-12 months Next Steps: Wait for city wide survey to conclude then City staff will work on submittal of application Mills Act Support current Mills Act actions and reports to Committee and City Council as required. City staff time Time: Ongoing Next Steps: Staff will update the Mills Act guidelines and provide quarterly reports to CRPC on Mills Act applications Page 339 of 495 City of Palm Desert CRPC FY 24/25 Work Plan______________________________________________________ Page 2 of 2 Legal Review: This report has been reviewed by the City Attorney’s office. Strategic Plan: Implementation of the work plan will support Priority 1 of the Palm Desert Strategic Plan by assessing the current cultural landscape of the City. CRPC Recommendation: The CRPC at its regular meeting of March 27, 2024, recommended the City Council approve of the Work Plan as presented in Table 1 of this report. FINANCIAL IMPACT: Costs identified in the work plan have been proposed in the 2024/25 Development Services Budget. ATTACHMENT: 1. March 27, 2024, CRPC Staff Report Page 340 of 495 Page 1 of 2 CULTURAL RESOURCES PRESERVATION COMMITTEE CITY OF PALM DESERT STAFF REPORT MEETING DATE: March 27, 2024 PREPARED BY: Carlos Flores, AICP, Principal Planner REQUEST: CULTURAL RESOURCES PRESERVATION COMMITTEE WORK PLAN PRIORITY RANKING FOR FISCAL YEAR 2024/2025 RECOMMENDATION: 1. Recommend the City Council approve the draft Cultural Resources Preservation Committee (CRPC) Work Plan for the 2024/2025 Fiscal Year, as presented in Table 3 of the staff report BACKGROUND/ANALYSIS: On February 2, 2024, City Staff asked each CRPC member to provide a ranked list of CRPC priorities they would like to focus on for Fiscal Year 2024/2025. The top five (5) goals selected by the CRPC will form the basis of a workplan that will be presented to City Council. Five (5) CRPC members ranked their top goals which are provided as Attachment 1 of this memorandum. Priorities that were raised by multiple committee members are listed below in Table 1: Table 1 – Multiple Vote Priorities Committee Votes Priority Description 4 City wide survey Conduct a city-wide cultural resources survey, complete with GIS resources, and provide quarterly updates. 3 Update the website Update CRPC presence on city website to have correct and updated information. 3 Education Provide educational resources for new CRPC members and for residents and visitors, such as booklets and trainings. The following are priorities that were provided by only one CRPC member: Table 2 – Singular Vote Priorities Priority Description Certificate of Appropriateness Application Process and Update Update current process of applications for certificates of appropriateness and process submitted applications from landowners in a timely manner. CLG Designation Begin the process of an application to the California state historic preservation office for a Certified Local Government designation. “Tallest tree smallest park” A national landmark for Palm Desert. Mills Act Support current Mills Act actions and reports to Committee and City Council as required. Preservation of native plants on city property Native plants that originate on city property don’t require water but benefit from it. We need an educated horticulture department. Page 341 of 495 Cultural Resources Preservation Committee City of Palm Desert Work Plan FY 24/25 Page 2 of 2 Staff’s recommendation is to add the CLG Designation and Mills Act priorities to the FY 2024/2025 Work Plan since they were on the FY 2023/2024 CRPC Work Plan and received a vote for the 2024/2025 Work Plan. If accepted, the draft Work Plan presented to City Council would be as follows: Table 3 – Draft FY 24/25 CRPC Work Plan Priority Description Cost Time/Process City wide survey Conduct a city-wide cultural resources survey, complete with GIS resources, and provide quarterly updates. Estimate: $70,000 Time: 6-9 months Next Steps: RFP has been sent out to conduct survey. Staff will provide updates at each subsequent CRPC meeting Update the website Update CRPC presence on city website to have correct and updated information. City staff time Time: 3 months Next Steps: City staff will work with Public Affairs to update and refresh website Education Provide educational resources for new CRPC members and for residents and visitors, such as booklets and training. Estimate: $3,000 Time: Ongoing Next Steps: Staff will seek educational resources to provide to CRPC and seek options on public education (booklets/pamphlets) CLG Designation Begin the process of an application to the California state historic preservation office for a Certified Local Government designation. City staff time Time: 9-12 months Next Steps: Wait for city wide survey to conclude then City staff will work on submittal of application Mills Act Support current Mills Act actions and reports to Committee and City Council as required. City staff time Time: Ongoing Next Steps: Staff will update the Mills Act guidelines and provide quarterly reports to CRPC on Mills Act applications ATTACHMENTS: 1. CRPC Ranking Sheets Page 342 of 495 Cultural Resource Preservation Committee – Work Plan Priority Ranking FY 24/25 March 27, 2024 Below is a summary of the submitted CRPC priorities for Fiscal Year 2024/2025, organized by Committee members who submitted responses: Paul Clark Ranking Priority Descrip�on Jus�fica�on 1 Cer�ficate of Appropriateness Applica�on Process and Update Update current process of applica�ons for cer�ficates of appropriateness and process submited applica�ons from landowners in a �mely manner. Submited applica�ons should be reviewed and acted on. Review need for any changes in procedures or ordinance. 2 Comprehensive Cultural Resources survey of the city and surrounding sphere areas. Focus on historic resources and with a professional leading and the Commitee ac�ng as advisory body to inventory historic proper�es. An informa�onal basis to proceed to other efforts to preserve historic and other cultural resources. 3 Begin the process of an applica�on to the California state historic preserva�on office for a Cer�fied Local Government designa�on. To provide a comprehensive plan of reviewing and preserving civic resources Provides a master plan for the future 4 GIS Resources In conjunc�on with survey and other sources of informa�on a data base for assessing cultural resources On-going 5 Mills Act Support current Mills Act ac�ons and reports to Commitee and City Council as required. On-going David Toltzmann Ranking Priority Descrip�on Jus�fica�on 1 Keep the wood on the fire for the citywide survey for funding and execu�on Have the city give us quarterly updates on this as it moves along. All other things hinge on this first step. 2 Update the informa�on on the city’s website Have a cultural resource page for the cultural resource commitee. Homeowner educa�on. 3 Create a user friendly building resource guide for people who plan on rehabbing. Online informa�on or booklet. Homeowner educa�on. 4 “Tallest tree smallest park” A na�onal landmark for Palm Desert. Crea�ng more landmarks for our Page 343 of 495 Cultural Resource Preservation Committee – Work Plan Priority Ranking FY 24/25 March 27, 2024 city creates more desire $$$ spent. 5 Preserva�on of na�ve plants on city property Na�ve plants that originate on city property don’t require water but benefit from it. We need an educated hor�culture department. $$$ saved Kim Housken Ranking Priority Descrip�on Jus�fica�on 1 Survey Formal survey to iden�fy and create a city inventory of the cultural resources in the city Con�nued from our last Work Plan.. s�ll in the process 2 Community Outreach Educa�on – residents and visitors This overall category touches on many of the items listed under the Purpose of the Commitee in the Ordinance 3 Outreach Civic/Neighborhood Pride 4 Outreach Update CRPC presence on city website Update and/or remove old references to being under Building and Safety so that we are in correct loca�on Suggest a brainstorming workshop to develop specific ac�vi�es that will meet some/many of the itemized tasks we are given I our stated Purpose of the Cultural Resources Preserva�on Ordinance. Such ac�vi�es may include a presence at the Concert in the Park series, an ar�cle on Rehabilita�on in the Brightside Newsleter, educa�on of the Shopper Hopper drivers, etc. Linda Vassalli Ranking Priority Descrip�on Jus�fica�on 1 Educa�on Educa�on for new commitee members Rochelle McCune Ranking Priority Descrip�on Jus�fica�on 1 Update the website Update the Historic Preserva�on Website Carry over from last year 2 City Wide Survey Conduct a City Wide Survey Carry over from last year Page 344 of 495 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: April 25, 2024 PREPARED BY: Daniel Hurtado, Public Safety Analyst REQUEST: INTRODUCE AN ORDINANCE ADDING CHAPTER 9.71 TO TITLE 9 (PUBLIC PEACE, MORALS AND WELFARE) OF THE PALM DESERT MUNICIPAL CODE, ESTABLISHING REGULATIONS PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS RECOMMENDATION: Introduce an Ordinance entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 9.71 (UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER PROHIBITED) TO TITLE 9 (PUBLIC PEACE, MORALS AND WELFARE) OF THE PALM DESERT MUNICIPAL CODE, ESTABLISHING REGULATIONS PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS IN THE CITY.” BACKGROUND/ANALYSIS: A catalytic converter is an exhaust emissions control device located between the exhaust manifold and the muffler of an automobile. The purpose of a catalytic c onverter is to convert most of a vehicle’s emissions into less harmful byproducts, which ultimately improves both air quality and vehicle performance. As part of their construction, catalytic converters contain valuable materials such as platinum, palladium, and rhodium, some of which are valued at several thousand dollars per ounce on the recyclables market. In 2023, the City of Palm Desert experienced an average of 6 catalytic converter thefts per month, which is a decrease from the 13 thefts per month in 2022. Although the number of thefts has decreased, the victims of catalytic converter theft are still greatly inconvenienced. The victims are often left to bear high repair costs and are left without a functioning vehicle until after these repairs have been made. Catalytic converter thefts have been on the rise because individuals are incentivized to commit catalytic converter thefts for multiple reasons. These reasons include: (1) the ease and undetectable nature of committing such thefts, potentiall y taking place in a matter of seconds and through the use of common tools; (2) the ability to recycle catalytic converters at scrap metal yards for high dollar returns ranging from $200 to $1,200 per catalytic converter; and (3) loopholes in legislation protecting criminals from prosecution, unless a victim can be identified. While there have been legislative attempts in Sacramento to crack down on catalytic converter theft, local agencies in California have begun to pass ordinances to assist law enforceme nt in holding these thieves accountable for their crimes. Some of these agencies include the County of Riverside, and the cities of Corona, Eastvale, Palm Springs, and Cathedral City. Page 345 of 495 City of Palm Desert (Unlawful Possession of Catalytic Converters Ordinance) Page 2 of 3 By criminalizing the mere possession of an unattached catalytic convert er absent proof of ownership or lawful possession, this ordinance would combat this criminal practice and increase deterrence by establishing zero-tolerance for catalytic converter theft through: Establishing criminal penalties for the possession of stolen catalytic converters. Prohibiting the falsification of information in documents and records used to verify ownership or lawful possession of a catalytic converter; Preventing criminals from profiting from the sale and recycling of stolen catalytic converters; Providing indirect justice to the victims of catalytic converter theft cases that have gone or will go unsolved; and Minimizing the fiscal and personnel impact on the Riverside County Sheriff's Department by reducing the time invested in deterring and investigating catalytic converter thefts. Under the ordinance, “documentation or other proof” could include the following types of documents: Bill of sale from the original owner with the signature of the vehicle owner authorizing the removal of the catalytic converter, as well as the name, address, and telephone number of the vehicle owner; Documentation from an auto-body shop or similar business proving that the owner relinquished the catalytic converter to the auto-body shop or similar business; Verifiable electronic communication from the previous owner to the possessor relinquishing ownership of the catalytic converter; or Photographs of the vehicle from which the catalytic converter originated, clearly showing the license plate number and vehicle identification number (VIN) of the car from which the catalytic converter was removed. The proposed ordinance also makes it unlawful to falsify or cause to be falsified any information in any documentation or other proof intended to show valid proof of ownership or possession of a catalytic converter. Legal Review: This report has been reviewed by the City Attorney’s office. Strategic Plan: The recommendation aligns with the Public Safety and Emergency Services section of the Palm Desert Strategic Plan. Priority 2: Increase methods of preventing crime. Appointed Body Recommendation: This item was brought forward to the Public Safety Committee a t the April 9, 2024, 3:30 pm meeting, with the Public Safety Committee voting to move forward with a recommendation to the City Council. Page 346 of 495 City of Palm Desert (Unlawful Possession of Catalytic Converters Ordinance) Page 3 of 3 Environment Review: The requested City Council action is not subject to the California Environmental Quality Act (CEQA), as it is not a “Project” as defined by CEQA. (CEQA Guidelines 15060(c)(3)). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment or a reasonab ly foreseeable indirect physical change in the environment. The requested action is to amend the Municipal Code to create a new criminal offense and is exempt from CEQA under the “common sense” exemption (CEQA Guidelines 15061(b)(3)), as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The requested action is further exempt under Section 15060(c)(2), as it will not result in a direct or reasonably foreseeable indirect physical change in the environment. FINANCIAL IMPACT: Approval of this ordinance will not, by itself, cause any fiscal impact on the City. ATTACHMENT: 1. Draft Ordinance 2. Presentation Page 347 of 495 Page 348 of 495 ORDINANCE NO. _____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 9.71 (UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER PROHIBITED) TO TITLE 9 (PUBLIC PEACE, MORALS AND WELFARE) OF THE PALM DESERT MUNICIPAL CODE, ESTABLISHING REGULATIONS PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS IN THE CITY WHEREAS, the citizens of the City of Palm Desert (the “City”) have experienced rising catalytic converter thefts from automobiles over the past several years, with Palm Desert averaging 6 catalytic converter thefts a month; and WHEREAS, there is currently no City legislation applicable within the City of Palm Desert to define and punish catalytic converter thefts absent an identifiable victim; and WHEREAS, there is currently no City, State, or Federal legislation applicable within the City of Palm Desert requiring individuals discovered to be in possession of detached catalytic converters to provide proof to law enforcement as to how they obtained catalytic converters, thus limiting law enforcement’s ability to: (1) protect the public by preventing catalytic converter thefts; and (2) seize suspected stolen catalytic converters when no victim is present; and WHEREAS, the Legislature has enacted, and the Governo r has signed into law, Senate Bill (SB) 1087 and Assembly Bill (AB) 1740, which generally prohibit: (1) individuals from purchasing a used catalytic converter from anyone other than certain specified sellers, including automobile dismantlers, automotive re pair dealers, or an individual possessing documentation, as specified, that they are the lawful owner of the catalytic converter; and (2) requires core recyclers to keep a detailed written record, including the year, make, and model of the car form which a catalytic converter was removed, as well as a copy of the vehicle’s title, prior to purchasing a catalytic converter from a seller; and WHEREAS, the Legislature has not expressed its intent, whether explicitly or impliedly, to occupy the field of catalytic converter theft legislation; and WHEREAS, pursuant to Article XI, Section 5 of the California Constitution, the City, as a charter city, has broad discretionary power to make and enforce within its limits all ordinances and regulations in respect to municipal affairs; and WHEREAS, catalytic converter thefts are on the rise because individuals are incentivized to commit catalytic converter thefts for multiple reasons including, but not limited to: (1) the ease and undetectable nature of committing such thefts, potentially in a matter of seconds and through the use of common tools such as a reciprocating saw; (2) the ability to recycle catalytic converters at scrap metal yards Page 349 of 495 Ordinance No. _____ Page 2 for high dollar returns ranging from $200 to $1,200 per catalytic converter; an d (3) loopholes in legislation protecting criminals from prosecution unless a victim can be identified; and WHEREAS, preventing these crimes at present is nearly impossible due to the ease and speed with which catalytic converter thefts can be committed a nd the difficulty of tracing a particular catalytic converter back to its prior owner (the victim), because catalytic converters typically have no identifying markers; and WHEREAS, the citizens of Palm Desert and the Riverside County Sheriff’s Department are in need of legislation criminalizing mere possession of catalytic converters absent proof of ownership or lawful possession, for multiple reasons including, but not limited to, the following: (1) achieving deterrence by establishing zero-tolerance for catalytic converter thefts; (2) establishing sanctions for possessing stolen catalytic converters; (3) preventing criminals from profiting from the sale and recycling of stolen catalytic converters; (4) providing indirect justice to the victims of catalytic converter theft cases that have gone or will go unsolved for the reasons discussed above; and (5) minimizing the fiscal and personnel impact on the City of Palm Desert and the Riverside County Sheriff’s Department by reducing the time invested in deterring and investigating catalytic converter thefts; and WHEREAS, individuals who are in possession of stolen catalytic converters recycle them for substantial profit while victims of these thefts suffer tremendous consequences in the form of costly repairs, inconvenience, and feelings of a lack of safety in the community; and WHEREAS, the City desires to regulate the possession of detached catalytic converters within its jurisdiction in order to better protect its citizens, their property, and their community; and WHEREAS, regulating possession of detached catalytic converters neither contradicts nor duplicates the statutes adopted by the Legislature on the topic of catalytic converters; and WHEREAS, this Ordinance is necessary to provide the City and the Riverside County Sheriff’s Department clear legal authority to better protect the public and deter this criminal activity; and WHEREAS, all other legal prerequisites to the adoption of this Ordinan ce have occurred. THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Incorporation of Recitals. The Recitals set forth above are Page 350 of 495 Ordinance No. _____ Page 3 incorporated herein and made an operative part of this Ordinance. SECTION 2. Addition of Chapter 9.71 to Title 9 of the Palm Desert Municipal Code. Chapter 9.71 is hereby added to Title 9 (Public Peace, Morals and Welfare) of the Palm Desert Municipal Code to read in its entirety as follows: “Chapter 9.71 UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER 9.71.010 Purpose. The purpose of this chapter is to regulate the possession of detached catalytic converters absent proof of ownership or lawful possession, to assist in deterring future thefts, establish sanctions for possessing stolen catalytic converters, and minimize the fiscal and personnel impact on the City of Palm Desert and the Riverside County Sheriff’s Department by reducing the time invested in deterring and investigating catalytic converter thefts. 9.71.020 Definitions. For the purposes of this chapter, the following meanings shall apply: A. “Lawful possession” includes (1) being the lawful owner of the catalytic converter or (2) in possession of the catalytic converter with the lawful owner’s written consent. It is not required to prove the catalytic converter was stolen to establish the possession is not a “lawful possession.” B. “Documentation or other proof” means written document(s) that clearly identify the vehicle from which the catalytic converter originated based on the totality of the circumstances, and includes, but is not limited to, the following types of documents: (1) Bill of sale from the original owner with the signature of the vehicle owner authorizing removal of the catalytic converter, as well as the name, address, and telephone number of the vehicle owner. (2) Documentation from an auto-body shop or similar business proving that the owner relinquished the catalytic converter to the auto-body shop or similar business. (3) Verifiable electronic communication from the previous owner to the possessor relinquishing ownership of the catalytic converter. (4) Photographs of the vehicle from which the catalytic converter originated clearly showing the license plate number and vehicle identification number (VIN) of the car from which the catalytic converter was removed. 9.71.030 Unlawful possession of a catalytic converter prohibited. Page 351 of 495 Ordinance No. _____ Page 4 A. It shall be unlawful to possess any catalytic converter that is not attached to a vehicle, unless the possessor has valid documentation or other proof to verify that they are in lawful possession of the catalytic converter. B. It is unlawful for any person to falsify or cause to be falsified any information in any documentation or other proof intended to show valid proof of ownership or possession of a catalytic converter. 9.71.040 Violations – Misdemeanor A. Each and every violation of this section shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the Palm Desert Municipal Code. Each and every catalytic converter unlawfully possessed is a separate violation of this section. B. Any person who violates any provision of this chapter is guilty of a misdemeanor, and upon conviction punished by a fine not to exceed one thousand dollars ($1,000 ), or by imprisonment for a term not exceeding six months or both. C. The remedies provided herein are not to be construed as exclusive remedies. The City is authorized to pursue any proceedings or remedies provided by law.” SECTION 3. CEQA. The City Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act (“CEQA”) as it is not a “Project” as defined by CEQA. (CEQA Guidelines 15060(c)(3)). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. The requested action is to amend the Municipal Code to create a new criminal offense and is exempt from CEQA under the “common sense” exemption (CEQA Guidelines 15061(b)(3)), as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The requested action is further exempt under Section 15060(c)(2), as it will not result in a direct or reasonably foreseeable indirect physical change in the environment. SECTION 4. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 5. Publication. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once, in Page 352 of 495 Ordinance No. _____ Page 5 a newspaper of general circulation, pub lished and circulated in the City of Palm Desert, California. SECTION 6. Effective Date. This Ordinance takes effect thirty (30) days from and after the date of its passage. ADOPTED ON ___________________, 2024. KARINA QUINTANILLA MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK Page 353 of 495 Ordinance No. _____ Page 6 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 354 of 495 CATALYTIC CONVERTER ORDINANCE Daniel Hurtado Public Safety Analyst City Managers Office April 25, 2024 Page 355 of 495 AGENDA •Catalytic Converters •Ordinance Overview •Staff Recommendation 2Page 356 of 495 PURPOSE OF CATALYTIC CONVERTERS To reduce air pollution, modern vehicles are equipped with a device called a catalytic converter that reduces emissions of three harmful compounds found in car exhaust: 1. Carbon monoxide (a poisonous gas) 2. Nitrogen oxides (a cause of smog and acid rain) 3. Hydrocarbons (a cause of smog) These are converted into less harmful compounds before leaving the car’s exhaust system. This is accomplished using a catalyst, which gives the device its name. 3Page 357 of 495 4 VALUE •Catalytic converters have economic value as they contain precious metals. This is the main reason why they are sold as the most expensive scrap. Because it contains rhodium, palladium, and platinum, which are among the most precious metals. Page 358 of 495 5 STATS •In 2023, the City of Palm Desert experienced an average of 6 thefts per month, which is a decrease from the 13 thefts per month experienced in 2022 Page 359 of 495 CATALYTIC CONVERTOR THEFTS •Why are thefts on the rise? •(1) the ease and undetectable nature of committing such thefts, potentially in a matter of seconds and through the use of common tools; •(2) the ability to recycle catalytic converters at scrap metal yards for high dollar returns ranging from $200 to $1,200 per catalytic converter; and •(3) loopholes in legislation protecting criminals from prosecution unless a victim can be identified. Currently no law to define and punish catalytic converter thefts absent an identifiable victim. 6Page 360 of 495 CATALYTIC CONVERTERSREVIEW •The City Council had previously requested for a thorough review and analysis of catalytic converters thefts. •The Public Safety Committee at the April 9,2024 meeting voted to move forward with a recommendation to the City Council. •The Riverside County Sheriff's Department has full support of such ordinance. 7Page 361 of 495 STAFF RECOMMENDATION (1)achieve deterrence by establishing zero-tolerance for catalytic converter thefts (2)establish sanctions for possessing stolen catalytic converters (3)prevent criminals from profiting from the sale and recycling of stolen catalytic converters (4)providing indirect justice to the victims of catalytic converter theft cases that have gone or will go unsolved for the reasons discussed above (5)minimize the fiscal and personnel impact on the City of Palm Desert and the Riverside County Sheriff’s Department by reducing the time invested in deterring and investigating catalytic converter thefts PRESENTATION TITLE 8 Regulating possession of detached catalytic converters within the jurisdiction will: Page 362 of 495 THANK YOU Daniel Hurtado dhurtado@palmdesert.gov 760-776-6414 Page 363 of 495 Page 364 of 495 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: April 25, 2024 PREPARED BY: Anthony J. Mejia, City Clerk REQUEST: REQUEST FOR OUT-OF-STATE TRAVEL FOR MAYOR QUINTANILLA TO ATTEND THE NALEO ANNUAL CONFERENCE IN LAS VEGAS, NEVADA RECOMMENDATION: Authorize out-of-state travel for Mayor Quintanilla to attend the National Association of Latino Elected and Appointed Officials (NALEO) Annual Conference held on June 17 -20, 2024, in Las Vegas, Nevada. BACKGROUND/ANALYSIS: On May 25, 2023, the City Council considered and approved a request for out-of-state travel for Mayor Pro Tem Quintanilla to attend the NALEO Annual Conference in New York, New York. At that time, the City Council agreed new requests for out-of-state travel should be accompanied by a request form from the Councilmember and considered extraordinary and therefore listed on the Action Calendar. As such, Mayor Quintanilla has submitted the out-of-state travel request form and a request letter for the NALEO Annual Conference held on June 17-20, 2024, in Las Vegas, Nevada. Mayor Quintanilla notes that the NALEO Conference in New York allowed for connections with the Department of Homeland Security’s Cybersecurity Infrast ructure Security Administration (CISA) and as a result CISA will serve a resource for our businesses through the Palm Desert Area Chamber of Commerce luncheon in May. Legal Review: This report has been reviewed by the City Attorney’s office. FINANCIAL IMPACT: Registration (Early Bird) $ 800 Milage & Parking $ 350 Hotel (Block Rate) $ 857 Per Diem $ 242 Total Expenses $2,249 There is sufficient funding available in the City Council Budget, Account No. 110-4110-4312000 (City Council Conferences/Seminars/Workshops). Page 365 of 495 City of Palm Desert Out-of-State Travel: NALEO Conference Page 2 of 2 ATTACHMENTS: 1. Travel Request Form & Request Letter 2. Letter to Senator Padilla, dated March 26, 2024 3. Conference Agenda 4. Conference Registration & Hotel Page 366 of 495 1104110-4312000 Council Conferences has available funding Karina Quintanilla NALEO 41th Annual Conference National Association of Elected and Appointed Officials (NALEO) Travel: June 17-20; Conference: June 18-20, 2024 Las Vegas, NV National conference offering best practices supplementing City investments in CSUSB-PDC and iHub connections with the changing role of education, including AI, addressing healthcare challenges, by networking with elected leaders and policy experts across the nation. No comparable CA conferences. Relevant to the City's economic development, such as the role of AI in education and healthcare. Last year, I brought connections with the Cybersecurity Infrastructure Security Admin, featured speaker at 5/14 PDACC. CISA is a crucial partner for our businesses. Reinforces the work of AI at the iHub. Strengthens PD's role as educational leader supplementing my role in revising CA's Master Plan for Ed and Careers. I recently signed a letter to US Senator Padilla supporting CSUSB-PDC's $1.4M request for AI, VR and street medicine. These topics are addressed and I will network with other leaders. $800 (member rate) $350 for mileage and parking (less expensive than round-trip airfare) $857 (NALEO group rate) Page 367 of 495 April 25, 2024 Esteemed colleagues of the City Council and City Manager: I am making a request for support to attend the 41st NALEO Conference in Las Vegas, NV, from June 17-20, 2024. NALEO Conferences are the nation's preeminent providers of nonpartisan professional development for Latino policymakers, providing meaningful exchange of ideas and solutions to today's most pressing policy issues, as well as enhancing my leadership and governance skills. By attending the 40th Annual Conference in New York, I was able to benefit the City and our local businesses with the connections I made with the Department of Homeland Security's Cybersecurity Infrastructure Security Administration (CISA). This is a direct return on investment. The Palm Desert Area Chamber of Commerce Breakfast in May will feature a CISA representative. This is a free service. CISA does not charge fees, transportation, or lodging. That fruitful connection provides crucial tools to our small businesses, empowering them with knowledge on spotting phishing, and other threats to prevent ransomware. This economic development tool proactively supports our business owner's livelihoods. As a member of the Latino Caucus in the California League of Cities, I assure you there are no comparable opportunities in California. Key topics for the 2024 Conference directly align with our visions for public health, education, and CSUSB Palm Desert Campus. On March 26, I signed a letter to US Senator Alex Padilla, supporting $1.4M for the Community Funding Project to establish a Virtual Reality and Artificial Intelligence Research and Training Center, as well as the Nursing Department Street Medicine Program. This will enhance our iHub and our ongoing efforts to reduce homelessness. A copy of the letter is attached to this request. Ms. Carina Tamayo, Inland Empire Deputy Director for Governor Newsom, personally invited me to a local round table for elected officials with Josh Fryday, Chief Service Officer of CA Volunteers for Governor Newsom's Master Plan for Career Education. She also invited me to attend the Inland Empire Master Plan at San Bernardino Valley College. As the only elected official involved in the conversation that day, I was given the opportunity to review California's Master Plan for Education and advocate for the needs of the Coachella Valley. My career in education spans K-12, post-secondary, and higher education and as Mayor of Palm Desert, I am uniquely poised to elevate our needs regarding policy and objectives. The Conference enhances the creative solutions and exceptional perspectives to address the growing demands for posts-secondary and career technical education. As you can see below, three of the sessions are directly relevant to student success, innovation, higher education, including a session on Artificial Intelligence. Page 368 of 495 I will attend two sessions directly related to public health. The Coachella Valley is considered a medically underserved region due to our low per capita ratio of physicians. Seniors are at growing risk for homelessness, and this directly ties into our proactive mitigation efforts. The session titles refer to Latinos, but the conversation is directly relevant to families with multigenerational approaches to the care of their aging loved ones. Another reinforces Palm Desert's dedication to sustainability by addressing future energy sources for transportation. This written request contains copies of the letter to US Senator Alex Padilla, conference agenda, registration materials, lodging at the discounted block rates, and mileage, which is less expensive than flying. You will see the sessions and projected expenses below. June 18 June 19 June 20 Addressing the Health and Social Needs of an Aging Latino Population Navigating the Talent Shortage: Strategies for Healthcare The Future of Transportation Energy Sources AI, The Newest Revolution and Disruption in Education What’s Next for Higher Education Empowering and Partnering with Families to Achieve Student Success The total costs associated with attending the NALEO Annual Conference is $2,197, based on the following cost estimates. Early-Bird Conference Registration for Members $800 Hotel, NALEO Block Rate, plus taxes and fees $857 Mileage and Parking (less expensive than round-trip airfare) $350 Total Per-diem $242 The caliber of content, speakers, and networking opportunities will provide different perspectives on how to address these pressing issues so I can return with best practices that benefit Palm Desert. NALEO’s Annual Conferences strengthen my leadership skills and ability to mentor the next generation of Latino leaders who seek public service. As the first Latina on the Palm Desert City Council, I am dedicated to ensuring Latinos are heard clearly and have the strongest representation. NALEO strengthens my service to Palm Desert through services and resources we can offer to our constituents, businesses, and students, together, as a united City Council. Please let me know if there is anything I can further provide to support my request. Sincerely, Mayor Karina Quintanilla Cc: Anthony Mejia, City Clerk Veronica Chavez, Director of Finance Page 369 of 495 Page 370 of 495 Page 371 of 495 Page 372 of 495 4/2/24, 6:20 PM Agenda - NALEO 41st Annual Conference https://web.cvent.com/event/670a6857-b7f8-4b31-8e1f-4f40ee45197a/websitePage:dfbf9afd-5bf1-4c86-b40f-9372bff2e3f5 1/11 Home Agenda Hotel Fees FAQs About Us Media REGISTER Already Registered? EARLY BIRD REGISTRATI ON NOW OPEN CLOSES FRIDAY, APRIL 5, 2024 AGENDA Agenda is subject to change, Rev. 02/02/2024 All Dates 6/17-6/20 Monday 6/17 Tuesday 6/18 Wednesday 6/19 Thursday 6/20 Page 373 of 495 4/2/24, 6:20 PM Agenda - NALEO 41st Annual Conference https://web.cvent.com/event/670a6857-b7f8-4b31-8e1f-4f40ee45197a/websitePage:dfbf9afd-5bf1-4c86-b40f-9372bff2e3f5 2/11 Search June 17, 2024 June 18, 2024 2:00 PM PT Early Conference Registration Check-In 8:00 AM PT Conference Registration Check-In 9:00 AM PT Breakfast & Opening Plenary: A Look at Nevada’s Latino Community & Political Lead… NALEO and NALEO Educational Fund leaders will be joined by of cials f rom Nevada and Las Vegas to welcome participants to the NALEO 41st Annual Conference. Over the past decade, the Silver State has seen tremendous growth and change — with Latinos playing a major role in this transition. From 2010 through 2020, Nevada’s total population grew f rom 2.7 million to 3.1 million — an increase of 15 percent — while the state’s Latino population increased by 24 percent. Latinos now account for nearly 18 percent of all registered voters in Nevada. The state’s number of Latino elected of cials also continues to increase across all levels of of ce, including the only Latina in the U.S. Senate, Senator Catherine Cortez Masto. However, with this growth there also have been challenges and unique needs for the Latino community. Latinos in Nevada have been disproportionally affected by national events, such as the 2008 housing crisis and the COVID-19 pandemic. During this opening plenary, panelists will provide an overview of the state’s Latino community, the growth of its Latino political leadership, and the key role the state is poised to play in the national political landscape. NALEO Marketplace & Networking Break NALEO Service Project Page 374 of 495 4/2/24, 6:20 PM Agenda - NALEO 41st Annual Conference https://web.cvent.com/event/670a6857-b7f8-4b31-8e1f-4f40ee45197a/websitePage:dfbf9afd-5bf1-4c86-b40f-9372bff2e3f5 3/11 10:30 AM PT Addressing the Heal th & Social Needs of Our Nation’s Aging Latino Population According to the U.S. Census Bureau, Latinos over the age of 65 will represent the largest minority population in this age group by 2028. By 2060, this same group will represent 21 percent of the overall population of individuals over 65, comprised of about 19.9 million people. As Latinos continue to age, policymakers need to plan for this population’s needs, including healthcare, caregiving, housing, and other bene ts and services. This session will explore strategies and best practices to help ensure that Latinos have access to resources and support to maintain a healthy quality of life as they age. Disruptive Models to Accelerating Job Entry In an era of evolving workforce dynamics, employers are increasingly rede ning job entry requirements — moving away f rom traditional prerequisites like postsecondary degrees. This shift is reshaping the job entry landscape and holds the potential to unlock new labor market opportunities for Latinos and all Americans. For policymakers, responding to these workforce shifts means facilitating inclusive economic growth and providing constituents with access to meaningful employment opportunities. This session will explore the multifaceted implications of this transition and the actionable role policymakers can play through strategic partnerships with employers and educational institutions to bridge the gap between talent supply and the demand to foster pathways to economic prosperity for Latinos. Generative Arti cial Intelligence (AI) 101 Generative Arti cial Intelligence (AI) is a specialized branch of AI and machine learning that focuses on creating new, seemingly-human-generated content using large data sets — such as images, videos, text, code, and 3D models. Generative AI has the potential to revolutionize the economy, boost productivity, and transform all industries, so it is critical for policymakers to engage in this policy area to ensure their communities are not left behind as this technology evolves. This session will provide participants with an introduction to AI, highlight its various types, and provide an overview of its potential challenges and bene ts as its adoption expands across multiple sectors. The Imperative for Ethical Leadership Among Latino Policymakers Page 375 of 495 4/2/24, 6:20 PM Agenda - NALEO 41st Annual Conference https://web.cvent.com/event/670a6857-b7f8-4b31-8e1f-4f40ee45197a/websitePage:dfbf9afd-5bf1-4c86-b40f-9372bff2e3f5 4/11 As the number of Latino policymakers grows with each election, our community has the unprecedented ability to shape the nation’s political landscape. However, these gains in of ce come with increased scrutiny and exposure —at a time when public distrust of government and its institutions is at an all-time high. In fact, over the last year, there have been several high-pro le incidents of Latino elected of cials betraying their oaths of of ce and the public trust. As such, it is critical that policymakers carry out their of cial duties while maintaining the public’s trust and high ethical standards. This session will focus on ethical leadership in public of ce and help policymakers identify common areas of concern that may arise during their elected of ce tenure. 12:30 PM PT Leadership Luncheon & Plenary: The State of World Affairs & The Impact on Latinos i… Global and regional con icts, political upheaval, mass migration patterns, and natural disasters are just a few contributing factors to the turmoil being felt across the globe. Inevitably, these world affairs become deciding factors for major policy areas in the United States — including the economy, security, public health, energy, and many others. This plenary will dive into the current state of world affairs and explore how and why decisions being made across the globe can affect the Latino community and the future of our nation. 2:00 PM PT Networking Break: Café & Confections 3:15 PM PT Funding Strategies for Housing Development By blending public funding with private nancing, policymakers are establishing innovative f rameworks to enhance housing supplies to help x the affordable housing crisis within their communities. In this session, participants will explore strategies for strengthening partnerships among public entities, the federal government, and private investors to expand the availability of resources to build more affordable housing options. The New Status Quo: AI in Education Page 376 of 495 4/2/24, 6:20 PM Agenda - NALEO 41st Annual Conference https://web.cvent.com/event/670a6857-b7f8-4b31-8e1f-4f40ee45197a/websitePage:dfbf9afd-5bf1-4c86-b40f-9372bff2e3f5 5/11 June 19, 2024 In an era of rapid technological advancement, Arti cial Intelligence (AI) stands out as one of the most transformative forces — reshaping every aspect of our lives, including how we educate students in our schools. To keep up with this technology, governing boards and administrators must develop policies and guidelines that allow educators to leverage the potential of AI in classrooms while keeping students safe. During this session, participants will explore AI’s education integration and identify key questions to address as the education sector increasingly embraces its use. Empowering Latina Leaders: Navigating Mental Heal th Challenges in Public Of ce Good physical and mental health are essential for overall well-being — yet more than one in ve women in the United States reported experiencing a mental health condition — such as depression or anxiety — in the past year. For women in public service, it is especially challenging to pause, evaluate and share the distinct challenges they face while in public of ce and the effects to their mental health. During this discussion, panelists will discuss best practices for Latinas to observe self-care, including conversations on maintaining mental well-being while ful lling their responsibilities as leaders. 8:00 PM PT Opening Reception: Welcome to Las Vegas! 8:00 AM PT Conference Registration Check-In 9:00 AM PT Breakfast Plenary: Addressing the Humanitarian Crisis at the Border and Beyond According to projections reported by Axios, more than 8 million migrants and asylum seekers will be living in the United States by the end of September. These individuals have entered the United States through Mexico — originating f rom Latin America, Asia, Af rica, Europe, the Middle East, and beyond. As a result of the increased migrant population, border communities have faced extreme challenges in providing basic needs. Additionally, the relocation of these migrants has had a considerable impact on cities like Chicago, Denver, Los Angeles, and New York. This plenary will highlight strategies and partnerships available to policymakers at all levels of government to address the humanitarian concerns around the migrant crisis and communities across the country. Page 377 of 495 4/2/24, 6:20 PM Agenda - NALEO 41st Annual Conference https://web.cvent.com/event/670a6857-b7f8-4b31-8e1f-4f40ee45197a/websitePage:dfbf9afd-5bf1-4c86-b40f-9372bff2e3f5 6/11 NALEO Marketplace & Networking Break NALEO Service Project 10:30 AM PT Mental Heal th in the Aging Latino Population Negative mental health symptoms manifest at greater rates in older Latinos than in other groups. Latinos experience higher rates of depression and are more likely to be diagnosed with Alzheimer ’s than their non-Latino counterparts. Additionally, while Latinas are more likely to experience depression than Latinos, Latino men are much more likely to die by suicide. This session will explore the barriers to mental health diagnoses and treatment for older Latinos, especially men, while considering the cultural stigma associated with seeking mental health services, as well as the lack of access to treatment. Panelists will also discuss some of the cultural and linguistic best practices and resources that can be utilized as policymakers prepare for a growing aging Latino population among their constituents. Data-Driven Decisions: Leveraging AI for Local Government Ef ciency Information Technology plays a critical role in delivering services across all levels of government, and the rise of Arti cial Intelligence (AI) has the potential to bolster this essential government function. By using AI to streamline systems, government agencies can improve services for their constituents while reducing waste, preventing f raud, and improving citizen engagement — while also addressing persistent workforce shortages in the public sector. In this session, experts will provide an overview of the promise — and possible pitfalls — of AI technology in government services. Participants will also learn how jurisdictions across the country already use AI to increase government ef ciency. Recipes for Success: The Do’s & Don’ts of Working for Latino Policymakers Policymakers and their career staff have a distinct opportunity to collaborate and address the pressing issues facing their communities. By leveraging their collective expertise, elected of cials and their staff can build strong relationships and work together to deliver critical government services. This session, geared at career and government relations staff, will outline the diverse roles and perspectives both staff and elected of cials bring to the governing process — and how the two work in tandem to better serve their communities. Page 378 of 495 4/2/24, 6:20 PM Agenda - NALEO 41st Annual Conference https://web.cvent.com/event/670a6857-b7f8-4b31-8e1f-4f40ee45197a/websitePage:dfbf9afd-5bf1-4c86-b40f-9372bff2e3f5 7/11 Healthcare Heroes: Navigating the Talent Shortage in Heal th Services With an aging population and a rise in chronic illnesses and behavioral health conditions, the strain on healthcare professionals has reached unprecedented levels — presenting policymakers with complex challenges. To ensure access to quality care for their communities, it is crucial that policymakers understand this shortage — which can inform strategic decisions on policy, funding, and workforce development initiatives. This session will equip participants with the tools and insights to navigate these pressing challenges effectively. 12:30 PM PT Leadership Luncheon & Plenary: Charting a Path Forward: Working through Americ… As a national organization with a diverse constituency — representing many political perspectives, national origins, gender, sexual orientation, and geographies — NALEO Educational Fund is proud of its ability to convene forums like the NALEO Annual Conference, facilitating critical discussions important to the Latino community while promoting civil public discourse. Unfortunately, our nation has seen a shift in recent years as hyper partisanship takes hold of political parties, public of cials, and communities across the country — a practice that counters the core values of democracy and civility. This plenary will explore the effects of hyper partisanship and how Latino leaders can address extreme division in the public square, as well as demonstrate their commitment to serving their constituents and preserving American democracy. 2:00 PM PT Networking Break: Café & Confections 3:15 PM PT What’s Next for Higher Education? In the wake of unprecedented challenges and transformative shifts, higher education stands at a crossroads. As student enrollment continues to decline, colleges and universities must urgently reinvent themselves. By championing legislation and strategies affecting workforce development opportunities, economic competitiveness, and student social mobility, higher education administrators and governing bodies can ensure student success inside the classroom and beyond. In this session, participants will receive an overview of the forces driving higher education transformation and explore policy interventions to support institutional innovation and success. Page 379 of 495 4/2/24, 6:20 PM Agenda - NALEO 41st Annual Conference https://web.cvent.com/event/670a6857-b7f8-4b31-8e1f-4f40ee45197a/websitePage:dfbf9afd-5bf1-4c86-b40f-9372bff2e3f5 8/11 June 20, 2024 The Perfect Storm: Human Traf cking & the Migrant Crisis An analysis of data f rom the National Human Traf cking Resource Center found that in 2021, more than 10,300 human traf cking incidents were reported in the country, identifying a total of 16,554 likely traf cking victims. While victims of human traf cking span all demographic and socioeconomic groups, the data also indicated that immigrants are particularly vulnerable to both sex and labor traf cking — revealing that 54 percent of victims in 2021 were recent migrants, and 81 percent of those traf cked for labor were Latino. During this session, panelists will offer an overview of the human traf cking crisis, highlighting strategies to ght this silent epidemic, as well as spotlighting resources available to help survivors get away f rom exploitative situations. Election 2024 & Beyond: NALEO Educational Fund’s Role in Strengthening Our Dem… NALEO Educational Fund implements various strategies to ful ll its mission of facilitating the full participation of Latinos in our nation’s political process, including 1) leading advocacy efforts to protect and expand Latinos’ access to civic processes; 2) conducting research to inform the eld about Latino civic participation issues; 3) engaging community members to motivate them to seek U.S. citizenship, vote, get counted in the decennial census, and participate in redistricting processes; and 4) conducting election protection efforts to safeguard Latino voting rights. In this session, participants will learn more about the organization’s efforts to strengthen our nation’s democracy through empowering Latino communities nationwide and how to engage in these efforts directly. 8:00 AM PT Conference Registration Check-In 9:00 AM PT Breakfast Plenary: Strengthening the Foundations for Latino Economic Growth According to a recent report f rom the Latino Donor Collaborative, U.S. Latino economic output reached $3.2 trillion in 2021. The same study indicates that if Latinos were an independent country, their GDP would rank fth in the world, ahead of the United Kingdom, India, and France. At the same time, however, most major polls indicate that the economy and the rising cost of living top the list of concerns heading into the 2024 presidential election. This session will explore the current and future state of Latino economic growth and in uence while identifying policies and strategies that policymakers can support and advance to increase our community’s economic mobility and prosperity. Page 380 of 495 4/2/24, 6:20 PM Agenda - NALEO 41st Annual Conference https://web.cvent.com/event/670a6857-b7f8-4b31-8e1f-4f40ee45197a/websitePage:dfbf9afd-5bf1-4c86-b40f-9372bff2e3f5 9/11 NALEO Marketplace & Networking Break NALEO Service Project 10:30 AM PT Housing Best Practices & Policies Policymakers play a pivotal role in creating solutions to enhance housing supply and affordability during a national housing crisis. Knowing best practices and model policies is helpful for policymakers as these strategies and governance tools can effectively address housing shortages and create vibrant, inclusive communities. In this session, participants will re ect on tried-and-true policies that have been successful in Latino communities to better understand best practices in meeting these challenges and achieving desired outcomes. Together We Rise: Asian American and Paci c Islander and Latino Leadership As two of the fastest-growing communities in the United States, it is critical for Asian American and Paci c Islander (AAPI) and Latino populations to achieve political representation on par with their representation in society. In a similar manner that NALEO Educational Fund provides professional and leadership development programs for Latino public of cials, AAPI LEAD recently has been created to provide these services for AAPI public of cials. In this session, panelists will lead a discussion on the opportunities and challenges AAPI and Latino policymakers face as they govern their communities. The Future of Transportation Energy Sources The United States is a nation on the move. In 2021, approximately 28 percent of its total energy consumption was allocated to transporting people and goods. While federal and state governments have invested in and set goals to expand a zero-emissions transportation inf rastructure, there is room for further progress. Although fossil fuels have historically dominated the transportation sector, there has been a notable shift toward renewable energy sources, including electricity, hydrogen, and biofuels. In this session, experts will discuss some of the lessons learned and progress made in implementing low- emission, energy-ef cient, and affordable energy solutions in transportation and consider how policymakers can continue to enhance transportation energy security. Page 381 of 495 4/2/24, 6:20 PM Agenda - NALEO 41st Annual Conference https://web.cvent.com/event/670a6857-b7f8-4b31-8e1f-4f40ee45197a/websitePage:dfbf9afd-5bf1-4c86-b40f-9372bff2e3f5 10/11 12:30 PM PT Leadership Luncheon: The Latino Vote in 2024 Latinos are the second-largest population and eligible voting group in the country and are once again poised to play a decisive role in the presidential election and local and state contests nationwide. NALEO Educational Fund projects that at least 17.5 million Latino voters will turn out to the polls in November, an increase of 6.5 percent f rom 2020.This plenary will provide a pro le of the Latino electorate, address the community’s potential impact on the 2024 election, and what steps candidates up and down the ballot are taking to secure the Latino vote. 2:00 PM PT Networking Break: Café & Confections Presidential Candidate Forum As public servants on the f ront lines of addressing America’s policy challenges, NALEO Members continue to be key partners with the White House. The NALEO Presidential Forum will provide an opportunity for the presumptive presidential nominees to address the nation’s Latino elected and appointed leadership and discuss the key policy issues that millions of Latinos will be watching as they prepare to cast their ballots in 2024. 3:15 PM PT Developing Safety Plans for Policymakers and Staff In October 2023, the Brennan Center for Justice at New York University School of Law conducted a series of national surveys and interviews among a diverse set of state legislators and local of ceholders f rom all 50 states. Of ceholders across all demographics reported experiencing increased threats or attacks within the past three years. Given this environment of heightened threats and harassment, individual preparedness is crucial for the safety and well-being of elected of cials and their staff. This session will equip policymakers and their staff with best practices, strategies, and practical self-defense applications to stay safe at work, at home, and at public events. Empowering Families to Achieve Student Success Page 382 of 495 4/2/24, 6:20 PM Agenda - NALEO 41st Annual Conference https://web.cvent.com/event/670a6857-b7f8-4b31-8e1f-4f40ee45197a/websitePage:dfbf9afd-5bf1-4c86-b40f-9372bff2e3f5 11/11 Many students across the country fell behind during the remote learning periods associated with the COVID-19 pandemic. As schools have reopened, most students have recovered f rom their learning loss. Assessment scores, however, con rm that low-income families, students of color, and English-language learners, many of whom are Latino, fared considerably worse than their peers. Policymakers, administrators, and educators can support families to better advocate for children’s educational needs by promoting a wide range of programs to accelerate students’ academic recovery and growth. In this session, experts will discuss these policies and models that are proven effective in establishing favorable learning conditions for student academic success. Copyright © 2000-2024 Cvent, Inc. All rights reserved. Event Management Software Mobile Event Apps Survey Software Event Venues Strategic Meetings Management Privacy Policy Page 383 of 495 Page 384 of 495 Page 385 of 495 Page 386 of 495 Page 387 of 495 Page 388 of 495 Page 389 of 495 Page 390 of 495 Page 1 of 4 CITY OF PALM DESERT STAFF REPORT MEETING DATE: April 25, 2024 PREPARED BY: Vanessa Mager, Management Analyst REQUEST: ADOPT THE PALM DESERT RAIL STATION FEASIBILITY STUDY RECOMMENDATION: 1. Adopt the Palm Desert Rail Station Feasibility Study. 2. Direct staff to submit the study to Riverside County Transportation Commission (RCTC) for their consideration to include in the Tier 2 study. BACKGROUND/ANALYSIS: In July 2022, the Riverside County Transportation Commission (“RCTC”) adopted a Tier 1 Environmental Impact Statement (Federal) and Environmental Impact Report (“EIS/EIR”) (State) for the “Coachella Valley – San Gorgonio Pass Rail Corridor Service” plan to extend daily passenger rail service to the Coachella Valley. The new rail service would provide a 144 -mile connection to Los Angeles’ Downtown Union Station, as well as a connection to the Metro and Metrolink system. These plans are a coordinated effort between RCTC, the Cal ifornia Department of Transportation (Caltrans), and the Federal Rail Administration (FRA). The adopted Tier 1 plan explored potential rail stations for the Coachella Valley including: - Palm Springs (existing) - “Mid-Valley” (new) - Indio / Coachella (new) With the adoption of the Tier 1 plan, RCTC, Caltrans, and the FRA , began strategizing for the Tier 2 study to identify specific rail station locations within the Coachella Valley and provide environmental clearance for those identified locations. To position the City of Palm Desert as the best “Mid-Valley” location and to participate in the Tier 2 planning process, the City Council approved a Rail Station Feasibility Study and contracted with Kimley-Horn and Associates. The objectives of this study were as follows: • Assess the existing land uses, transportation network, demographics, topography, and economic conditions in Palm Desert. • Identify and evaluate strategic alternatives to enhance multi -modal traffic and circulation in and around the preferred site. • Show the viability of Palm Desert as a passenger rail station stop for Amtrak along its existing Sunset Limited train service and/or as part of the Coachella Valley–San Gorgonio Pass. • Analyze a design for a suitable platform for intercity passenger rail s ervice. • Evaluate current public transit services provided by Sunline Transit Agency, which provides daily bus services. Page 391 of 495 City of Palm Desert Adopt The Palm Desert Rail Station Feasibility Study__________________________________ Page 2 of 4 • Provide an analysis on Sunline’s current bus routes and ridership to establish the best permanent transportation hub that will serve all residents and accommodate other transportation modes to reduce single-occupancy vehicle use. • Identify the most appropriate site for a rail station facility along the 6.5 -miles of rail line along Palm Desert’s northern boundary. • Develop a conceptual design that demonstrates how an accessible station would function. Study Highlights: With Palm Desert’s central Coachella Valley location, its wide array of recreational, educational, shopping, housing, and entertainment opportunities, arts and cultural activities, and world-class events, the City is the ideal location for a Mid-Valley rail station. Palm Desert benefits from approximately 6.5-miles of rail line along the City’s northern boundary and Kimley-Horn identified multiple potential sites along the line (map below). The City, in collaboration with the project team, actively engaged the community through two public meetings and the creation of an Engage Palm Desert page, ensuring that residents' and business owner voices were heard and valued in the decision-making process regarding the preferred station location. These gatherings facilitated discussions on various aspects of the future Transit Hub, such as design principles, context, fit, adjacencies, and site constraints, while also delving into the potential benefits of a new passenger rail station for residents and visitors. Following extensive research and community feedback, the selection of the site was guided by inclusive criteria, emphasizing the importance of community input and part icipation. The preferred site, identified as Site C3 in the feasibility study and depicted in the accompanying image, lies strategically between Cook Street and Frank Sinatra Drive, along the north side of Gearld Ford Drive. This location was identified as the preferred site for enhancing rider Page 392 of 495 City of Palm Desert Adopt The Palm Desert Rail Station Feasibility Study__________________________________ Page 3 of 4 experience and mobility, accessibility, and proximity to marque institutions and facilities. Site C3's significance extends beyond its functional attributes as it serves as a vital link to the heart of the Coachella Valley and accessibility to the CSUSB Palm Desert campus, housing and commercial land-uses, and connectivity to neighboring cities. Its visibility from the freeway, proximity to transit-oriented development, and accessibility to the Acrisure Arena further reinforce its suitability for the project. Notably, Cook Street has been designated as a "multimodal corridor" in the General Plan, underscoring C3's alignment with broader regional transportation goals and making it the recommended location for a potential Mid-Valley station. In an effort to ensure thorough consideration of potential locations, multiple meetings were also convened with key stakeholders to gather their feedback and insights. Engaging with organizations such as RCTC, CSUSB, The Berger Foundation, Acrisure Arena, SunLine Transit, Coachella Valley Water District, Southern California Gas Company, and Imperial Irrigation District, the project team sought to identify and address any potential concerns or limitations. Through these consultations, all participating organizations expressed support for C3 as the favored location, echoing the sentiments of the community. Their endorsement were based on shared recognition of the site's strategic advantages and alignment with the project's objectives. This consensus further underscores the collaborative approach taken in decision -making, reflecting a unified vision for the successful implementation of the project. STRATEGIC PLAN: • Tourism and Marketing – Priority 1: “Improve access to Palm Desert and its attractions to enhance the ease of lifestyle.” • Transportation – Priority 3: “De-emphasize single/low-occupancy vehicles and optimize multiple modes of travel (bus, carpool, bicycle, and pedestrian).” DISCUSSION: CV Rail Subcommittee Recommendation: The CV Rail subcommittee, comprising City staff members from the Economic Development team, Mayor Quintanilla, Mayor Pro Tem Harnik, and representatives from Kimley Horn, actively contributed to the feasibility study process. They now recommend adopting th e feasibility study and submitting it to RCTC for consideration in its Tier 2 study. Project Description: The feasibility study, exiting site and area conditions, and public opinion support the addition of a rail station in Palm Desert. Staff’s recomme ndation is to accept and adopt the Palm Desert Rail Feasibility Study as presented and direct staff to provide the study to RCTC for their consideration to include in its Tier 2 study. Upon receiving the directive, staff will promptly submit the study to RCTC for their consideration. RCTC has obtained the necessary funding to initiated the Tier 2 study and they indicated their readiness to commence the study by year-end. They estimate completion of the study in the next two to six years depending on environmental review. Although submittal of the Palm Desert Page 393 of 495 City of Palm Desert Adopt The Palm Desert Rail Station Feasibility Study__________________________________ Page 4 of 4 Rail Feasibility Study does not guarantee the City will be selected for the “Mid -Valley” stop, it does put the City in the best position. Unfortunately, with the anticipated timeline of the Tier 2 study the City may not know if it is selected until mid-way through RCTCs study. RCTC has indicated that the city in which a rail station is located will bear all costs related to its construction and operation. Hence, should Palm Desert be chosen, the City will be required to identify funding sources. Kimley-Horn and associates have identified potential funding sources, outlined in the report. Rail service is expected to commence by 2040. Legal Review: This report has been reviewed by the City Attorney’s office. FINANCIAL IMPACT: There is no fiscal impact to the City’s General Fund for adoption of this study. ATTACHMENT: 1. Palm Desert Rail Feasibility Study Page 394 of 495 PALM DESERT RAIL FEASIBILITY STUDY Page 395 of 495 ACKNOWLEDGEMENTS This study wouldn’t be possible without the hard work and support of the following teams and people: City of Palm Desert Karina Quintanilla - Mayor Jan Harnik – Mayor Pro Tem Eric Ceja – Director of Economic Development/Public Affairs Vanessa Mager – Business and Community Outreach Coordinator Project Team Kimley-Horn Perkins Eastman Kosmont Community Stakeholders Riverside County Regional Rail Commission California State University San Berandino The Berger Partnership and Acrisure Arena Local Homeowner Associations The City of Palm Desert Local Transit Service Operators Page 396 of 495 i Palm Desert Rail Feasibility Study 1. Introduction, Background and Purpose ..................................1 1.1. Introduction ................................................................................1 1.2. Background and Project Purpose .................................................2 1.3. Purpose of Report .......................................................................2 2. Literature Review ...................................................................3 2.1. Riverside County Transportation Commission (RCTC) Coachella Valley – San Gorgonio Pass Rail Corridor Service Project (Tier 1 EIR and Project Factsheet) ..................................................................................................3 2.2. City of Palm Desert Local Road Safety Plan (LRSP) (May 2021) .....3 2.3. Palm Desert General Plan ............................................................4 2.4. California State University, San Bernardino – Palm Desert Campus Master Plan 4 2.5. Current Planning Efforts .............................................................4 2.6. Future Planning Efforts ................................................................5 3. Existing Condition Analysis ....................................................6 3.1. Current Rail Service and Existing Rail Plan .............................................6 3.2. Location Context .........................................................................8 3.3. Existing Land Uses ......................................................................9 3.4. Zoning ......................................................................................11 3.5. Roadway Volumes ....................................................................12 3.6. Existing Transit Facilities and Ridership ......................................13 3.7. Ridership Estimates ..................................................................16 4. Community Meetings and Stakeholder Engagement Summary ..........................................................17 Table of Contents 4.1. Consulted Interest Holders ........................................................19 5. Prioritization of Project Implementation ...............................20 5.1. Site Preparation ........................................................................20 5.2. Site Circulation and Parking ......................................................20 5.3. Station Facilities .......................................................................20 5.4. Rail Platforms and Vertical Circulation .......................................21 5.5. Transit Oriented Development (TOD) Improvements ....................21 6. Station Site Selection and Feasibility Analysis ....................22 6.1. Station Site Design Considerations ............................................22 6.2. Station Location Preliminary Selection and Screening .................23 6.3. The Palm Desert Transit Hub Vision ............................................33 6.4. CEQA Preliminary Environmental Study .....................................41 6.5. Cost Estimate ...........................................................................44 7. Potential Funding Sources ....................................................46 7.1. Grant Funding Sources .............................................................46 7.2. Value Capture and Other Financing Mechanisms ..............................................................47 7.3. Funding Partners ......................................................................48 8. Conclusion and Next Steps ...................................................50 Appendix A: Station Ridership Density Methodology and Results ...............................................................................A1 Letters of Support .....................................................................L1 Page 397 of 495 ii Figure 1: Proposed Service within the California Rail Plan .............6 Figure 2: RCTC Rail Study Map .....................................................7 Figure 3: Local Context Map .........................................................8 Figure 4: Existing Land Uses in Project Area .................................9 Figure 5: Unbuilt Land Ownership along Project Corridor .............10 Figure 6: Zoning in Project Area ..................................................11 Figure 7: Annual Average Daily Traffic (AADT) Volumes in Project Area .....12 Figure 8: Existing SunLine Transit Routes and Stops in Palm Desert .....14 Figure 9: Transit Boardings in FY 22 ............................................15 Figure 10: Identified Station Sites ...............................................24 Figure 11: Station Platform and Track Design Assumptions .........28 Figure 12: Anticipated profile for Gerald Ford Drive .....................30 Figure 13: Cook Street Site Evaluation Map ................................31 Figure 14: Palm Desert Transit Hub Visioning Sketch ...................33 Figure 15: Palm Desert Transit Facility Conceptual Site Plan ........34 Figure 17: Palm Desert Transit Facility Rendering ........................35 Figure 16: Palm Desert Transit Facility Conceptual Site Plan #2 ...35 Figure 18: Palm Desert Transit Facility Rendering #2 ...................35 Figure 19: Example of Envisioned Programs for the Palm Desert Rail Station .............................................38 List of Tables Table 1: SunLine Ridership Figures (Fiscal Year 2022) .................13 Table 2: Station Ridership Estimates (2028) ................................16 Table 3: Key Themes from the Public Meetings ...........................18 Table 4: Station Site Assessment, July 2023 Open House ............25 Table 5: Palm Desert CEQA Site Evaluation ..................................42 Palm Desert Rail Feasibility Study List of Figures Page 398 of 495 1 1. INTRODUCTION, BACKGROUND AND PURPOSE 1.1. INTRODUCTION Nestled in the vibrant heart of California’s Coachella Valley, Palm Desert shines as a regional hub among eight municipalities. Here, opportunities converge, beckoning residents, students, and tourists to experience Palm Desert firsthand. Situated just 120 miles east of Los Angeles and a mere 15 miles from Palm Springs, this dynamic city serves as the educational center for communities from San Bernadino to Imperial Counties. With two esteemed university campuses and a thriving community college within close proximity to the proposed rail station site, Palm Desert proudly nurtures a culture of learning, particularly among those from underserved communities. But Palm Desert offers more than just academic prowess. Its vibrant tapestry of recreational, shopping, and entertainment amenities, set against the backdrop of a uniquely beautiful desert landscape, provides an unparalleled quality of life for residents and visitors. The City has the largest workforce in the Coachella Valley and is home to many cultural activities and world-class events. This premier resort destination thrives as a safe and sustainable community, drawing inquisitive minds and innovative employers alike. With a stable population of approximately 53,000 year-round residents, an additional 32,000 seasonal dwellers add to the vibrancy of our community each year. Yet, it’s the influx of visitors that truly sets the Coachella Valley apart from our neighboring communities. Welcoming a staggering 14.1 million tourists annually, the Valley is a tourist hotspot, and Palm Desert is in the middle of the action. Among these visitors, 50% are from the Los Angeles area, many for only a day trip or weekend getaway, a perfect audience for regular rail service between our two regions. Palm Desert prides itself on a robust transportation network, boasting dedicated bike lanes, golf cart infrastructure, and SunLine Transit bus services, all complemented by well-maintained roads. Yet, despite these amenities, access to the city remains largely reliant on Interstate 10 and Palm Springs International Airport, which welcomed 3.2 million passengers in 2023, alongside limited Amtrak passenger rail service. While neighboring Palm Springs is a stop on Amtrak routes to Los Angeles, New Orleans, and Chicago, trains are only scheduled for overnight stops. The absence of regular commuter passenger rail service underscores a crucial gap in connectivity. Introducing such a service would not only enhance transportation capacity but also offer a sustainable, accessible option for local commuters, regional students, and visitors alike, facilitating seamless journeys to the heart of the Coachella Valley, Palm Desert. Palm Desert Rail Feasibility Study Page 399 of 495 2 1.2. BACKGROUND AND PROJECT PURPOSE Residents of Palm Desert, and the Coachella Valley as a whole, have long expressed a desire for inter-city rail service. This would provide residents and tourists the option to travel to destinations such as the Inland Empire or Greater Los Angeles area without using I-10. The Coachella Valley Association of Governments (CVAG), Riverside County Transportation Commission (RCTC), and the California State Transportation Agency (CalSTA) have also expressed their support for daily intercity passenger rail service in the Coachella Valley in various existing plans. As the population and tourism to Palm Desert and the Coachella Valley increases, a rail station would create multiple benefits for the region. These include decreasing the overall vehicle miles traveled (VMT) of the region, lowering carbon emissions, increasing the mobility of non-drivers or those without vehicles, and serving as an alternative transportation method to events, such as concerts and sporting events at the Acrisure Arena and the Coachella Arts & Music Festival. This study analyzes the existing and future market for a passenger rail station in Palm Desert, the candidate locations for a station, and the existing and future connectivity to the site. This study aligns with the previous RCTC Coachella Valley/San Gorgonio Rail Study adopted in 2022. This report describes the available land in Palm Desert that could house the station and the process used to identify one locally preferred station location for new rail service near Cook Street and Gerald Ford Drive. SunLine currently provides limited weekday commuter service through the San Gorgonio pass to San Bernardino that draws tens of thousands of riders per year. The proposed rail service will broaden and enhance that connection to draw more types of users, trip purposes with faster, more reliable, and farther reaching service. This study expands on the Coachella Valley/San Gorgonio Rail Study by identifying the ideal sites for the rail station and includes a conceptual, or “blue-sky,” envisioning of connections between the proposed station and the existing transportation network in Palm Desert. This includes a Multimodal Transport Hub to support all travel modes throughout Palm Desert and the Coachella Valley, with potential connections to bus transit, bicycle travel, pedestrian travel, shuttle buses, ride hailing services, and a pedestrian bridge across I-10. With input from local officials and residents of Palm Desert, the City of Palm Desert Rail Station Feasibility Study represents the collective vision for rail service in the City. 1.3. PURPOSE OF REPORT This report is the culmination of all the previous efforts conducted for the Palm Desert Rail Station Feasibility Study compiled in one document. It includes the following components: ◢Review of Existing Conditions ◢Relevant Literature Review ◢Summary of Community Engagement Efforts ◢Development of the Site Selection Criteria and Subsequent Evaluation ◢Initial Cost Estimates ◢Implementation Plan ◢Potential Funding Mechanisms. This report will also recommend next steps that the City and its partners should take in beginning design and construction of a new station and securing passenger service. Palm Desert Rail Feasibility Study Page 400 of 495 3 Palm Desert Rail Feasibility Study 2. LITERATURE REVIEW The Palm Desert Rail Feasibility Study incorporates regional and local planning efforts that relate to the potential station location near Cook Street and Gerald Ford Drive. These efforts range from long-range regional planning to local specific plans. The following literature review sections summarize some of the planning documents that were evaluated for any improvements to the Monterey Avenue and Cook Street corridors, as well as any areas that complement or conflict with the rail service. They include a variety of land use and transportation planning projects that can contribute to a comprehensive understanding of Palm Desert’s existing and future transportation conditions to the Monterey Avenue and Cook Street Corridors. There is already a significant number of transit oriented, development-supportive land uses in the potential station area that could directly serve and be served by station operations including 4,056 hotel rooms, 5,766 units of multifamily housing, and over 6 million square feet of built retail space. The plans that were reviewed support the continued creation of transit-oriented development opportunities in the station area. 2.1. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC) COACHELLA VALLEY – SAN GORGONIO PASS RAIL CORRIDOR SERVICE PROJECT (TIER 1 EIR AND PROJECT FACTSHEET) The San Gorgonio Pass Rail Corridor Service Project serves the many communities of the Coachella Valley with daily intercity passenger rail service between Indio in the Coachella Valley through San Gorgonio Pass to Los Angeles Union Station and assists with coordination of all public transportation services within Riverside County. The San Gorgonio Pass Rail Corridor Service Project addresses the first phase of initial service development planning and alternative analysis to identify potential routes in the Coachella Valley – San Gorgonio Pass Corridor. The regional intercity passenger rail service will provide customers in these communities with an alternate mode of travel that will link them to the Coachella Valley and the Pass Area. This plan provides an overarching vision and strategic guidance for buildable alternatives for daily intercity rail service for the Coachella Valley. The goal is to ensure an easement of congestion on local roads and freeways, and provide new economic opportunity, mobility, and quality of life. 2.2. CITY OF PALM DESERT LOCAL ROAD SAFETY PLAN (LRSP) (MAY 2021) The City of Palm Desert Local Road Safety Plan (LRSP) outlines a series of systemic infrastructure improvements and policy enhancements to improve roadway safety and reduce vehicle collisions in the City of Palm Desert. The plan analyzes all reported crashes that occurred in Palm Desert from 2015 to 2019 and identifies intersections and roadway segments with a high risk for collisions. The plan then proposes improvements for the near-, middle-, and long-term, as well as opportunities to apply for funding programs such as the Highway Safety Improvement Plan (HSIP). Page 401 of 495 4 2.3. PALM DESERT GENERAL PLAN The Palm Desert General Plan is a document designed to guide the growth and development of Palm Desert. The document provides goals and policies which will assist the City in achieving its economic and community development objectives. The General Plan describes the City’s goals and strategies related to transportation in the mobility element. The plan envisions an interconnected multimodal transportation system consisting of automobiles, public transit, golf carts, bicycling, and walking. The element focuses on providing a balanced transportation system that serves all modes of travel safely and efficiently. 2.4. CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO – PALM DESERT CAMPUS MASTER PLAN The California State University San Bernardino Palm Desert Campus (CSUSB PDC) Master Plan represents a vision of the opportunities in which the intellectual and creative pursuits of the University and the surrounding community could support and advance the CSUSB education mission. The goal is to ensure that there is transportation and pedestrian/bicycle connectivity to access the campus and its facilities. 2.5. CURRENT PLANNING EFFORTS A review of several additional planning documents was completed to make sure previous efforts were built upon. The following is a list of the documents that were reviewed: ◢California State Rail Plan ◢Better Connected Indio: Indio Multi-Modal Feasibility Study ◢SunLine Transit Short Range Transit Plan (SRTP) FY23-25 ◢SunLine Transit Agency Zero-Emission Bus Rollout Plan ◢Coachella Valley Association of Governments (CVAG) Active Transportation Plan (ATP) ◢RCTC Next Generation Rail Study ◢Riverside County Long Range Transportation Plan (2016) ◢Cotino Project Site (Disney Master – Planned Community in Rancho Mirage) ◢CV Link Coachella Valley Active Transportation Route ◢CV Link Neighborhood Electric Vehicle Transportation Plan Palm Desert Rail Feasibility Study Page 402 of 495 5 2.6. FUTURE PLANNING EFFORTS The literature review conducted for this study included 18 development plans ranging from new residential developments to hotels and commercial projects. These are described in more detail in the literature review memorandum. The potential impact and benefits of these developments continue to support the preferred station location as they will provide additional housing and services in the station service area, while not overburdening the transportation infrastructure needed for station access and community mobility. An economic analysis of proposed station operations and activity suggest that 14,000 square feet of additional convenience and quick service food and beverage, 100 additional hotel rooms near the station site, and 100 more units of workforce housing will be needed to take full advantage of the station’s potential and would generate approximately $500,000 per year in 2023 dollars which could in turn provide much of the needed support for station operations and maintenance. Palm Desert Rail Feasibility Study Page 403 of 495 6 Palm Desert Rail Feasibility Study 3. EXISTING CONDITION ANALYSIS Figure 1: Proposed Service within the California Rail Plan 3.1. CURRENT RAIL SERVICE AND EXISTING RAIL PLAN The Coachella Valley is currently served by Amtrak rail service at the Palm Springs Station. This station is served by the Texas Eagle and Sunset Limited services, which run as a combined train on this portion of the route, three times per week in each direction. In FY 2022, the Texas Eagle Service served 253,491 riders and the Sunset Limited served 73,904 riders along the entire route. The Palm Springs Amtrak Station and the roads that access it carried 2,294 riders in FY 2022 on these Amtrak services. However, the Palm Springs Amtrak station faces issues with inclement weather, such as heavy winds and blowing sand, which can affect operations. Indian Canyon Road is also vulnerable to closures and service disruptions due to sand intrusion and flooding during both rain and wind events. These issues have led to lengthy station closures in 2021 and 2023 and make the Palm Springs station a less reliable location for passenger rail service to continue Amtrak service. A station with Amtrak service in Palm Desert would better serve the region, as it is less likely to face inclement weather, is central to Coachella Valley population centers, and has better access to wider valley communities. Additional passenger rail service between the Coachella Valley and Los Angeles is part of the California Rail Plan. The Plan proposed operations between the Coachella Valley and Los Angeles by 2040 with hourly service to San Bernardino and Riverside. Page 404 of 495 7 RCTC has studied rail operations in more detail through their rail study and Tier 1 Environmental Impact Report (EIR) and has identified a route that parallels I-10 through Coachella Valley to Colton, Interstate 215 (I-215) and State Route 91 (SR-91) to Fullerton, and Interstate 5 (I-5) to Los Angeles Union Station. The plan proposes to use the existing rail stations in Palm Springs, Riverside, Fullerton, and Los Angeles. It also suggests potential new stations in the Coachella, Indio, Palm Desert (Mid-Valley), Beaumont, Pass Area, and Loma Linda areas. Figure 2 shows the proposed service and potential stations as outlined in the RCTC rail study. Figure 2: RCTC Rail Study Map All funds have been secured toward a Tier 2 EIR, which will study specific stations and detailed engineering concepts along the rail corridor. The proposed service will be two daily roundtrips between Los Angeles and Coachella with an approximate trip time of 3 hours and 15 minutes. There may be additional tracks installed at selected locations to enhance train travel speeds, minimize delays, and maintain safety. The RCTC plan calls for service within 10 years, dependent upon funding. Palm Desert Rail Feasibility Study Page 405 of 495 8 3.2. LOCATION CONTEXT The City of Palm Desert is located approximately 120 miles east of Los Angeles and approximately 150 miles west of Yuma, Arizona. The existing rail line is situated parallel to the I-10 freeway and is located along the northern boundary of the City of Palm Desert. The potential stations analyzed in this study included six sites with sufficient open space to house the station along the rail line in the City of Palm Desert. Ultimately, the Cook Street/Gerald Ford Drive location located near CSUSB PDC and Acrisure Arena was selected as the most suitable locally preferred location. Acrisure Arena had just under 1 million visitors in 2023. CSUSB PDC currently has about 2,200 students enrolled; however, the campus master plan projects an enrollment of 8,000 by 2035. Residential growth will also be seen within a 2.5-mile radius, with an additional 6,221 units under construction. The City of Palm Desert is also in process of building two parks in the area, one 20-acre community park and one regional park, all within one mile of the Cook Street/Gerald Ford Drive station location. This increase in enrollment, along with increased events at the arena, would provide additional potential ridership for a rail station in Palm Desert. Figure 3 shows the local context of the project. Figure 3: Local Context Map Palm Desert Rail Feasibility Study Page 406 of 495 9 3.3. EXISTING LAND USES Data from the Southern California Association of Governments’ (SCAG) 2021 Land Use Model was used to explore the existing land uses in the project area. There are several vacant parcels along the existing rail line near both the Monterey Avenue/Dinah Shore Drive and Cook Street/Gerald Ford Drive sites; however, the Cook Street/Gerald Ford Drive site has more vacant land that fronts an access road, whereas the vacant land at Monterey Avenue/ Dinah Shore Drive is further from an access road. Figure 4 on the following page shows the existing land uses in the project area. Figure 4: Existing Land Uses in Project Area Palm Desert Rail Feasibility Study Page 407 of 495 10 The existing Amtrak station at Palm Springs occupies approximately four acres of land. As shown by Figure 5, assuming the Palm Desert station will need to be at least as large as the Palm Springs station, there are no sites east of the Eldorado Drive area that could accommodate a sufficiently large station. Figure 5: Unbuilt Land Ownership along Project Corridor Palm Desert Rail Feasibility Study Page 408 of 495 11 Figure 6: Zoning in Project Area Palm Desert Rail Feasibility Study 3.4. ZONING Zoning data was obtained from the City of Palm Desert’s Interactive Zoning Map to explore the current zoning scheme in the project area. The parcels near the Monterey Avenue/Dinah Shore Drive site are zoned primarily for commercial use with some service industry. The parcels near the Cook Street/Gerald Ford Drive site are zoned for commercial, service industry and residential use. Figure 6 below shows the current zoning for the project areas. Page 409 of 495 12 3.5. ROADWAY VOLUMES Annual average daily traffic (AADT) volumes for 2022 were obtained for the project area from the Replica platform (gathered from anonymized cell phone data) and verified with AADT figures gathered in March 2022 for other projects in Palm Desert. Monterey Avenue has the highest AADT figures in the project area, with particularly high volumes south of the I-10 freeway, near the Monterey Avenue/Dinah Shore Drive site. Cook Street also has high volumes, particularly south of the I-10 freeway. The Monterey Avenue/Dinah Shore Drive intersection is one of the busiest intersections in the project area, while the Cook Street/Gerald Ford Drive intersection has significantly less volume. Figure 7 shows the AADT volumes in the project area. This data will inform the traffic analysis that will be performed later in the feasibility study. Figure 7: Annual Average Daily Traffic (AADT) Volumes in Project Area Palm Desert Rail Feasibility Study Page 410 of 495 13 3.6. EXISTING TRANSIT FACILITIES AND RIDERSHIP SunLine Transit is the agency that provides transit service for the Coachella Valley. Data from SunLine was obtained to examine the current state of transit service in the City. Palm Desert is currently served by SunLine Transit routes 1, 4, 5, 6, 7, and 10. Routes 1-7 are local routes, while Route 10 is the Commuter Link line that connects Indio, Palm Desert and other Coachella Valley communities with San Bernardino and the Metrolink rail system. Route 10 provides service similar to that of the proposed rail service and demonstrates that there is existing demand for transit connections to the Inland Empire and connecting rail services to Los Angeles and Orange County. There is connectivity with Route 4 at the Monterey Avenue/Dinah Shore Drive site. This connects Palm Springs International Airport with the Shops at Palm Desert—with stops serving Downtown Palm Springs, Desert Highland Gateway Estates, Desert Park Estates, Thousand Palms, Monterey Marketplace Shopping Center, and Rancho Mirage, and College of the Desert. Table 1: SunLine Ridership Figures (Fiscal Year 2022) Palm Desert Rail Feasibility Study Page 411 of 495 14 There is connectivity with Routes 5 and 10 near the Cook Street/Gerald Ford Drive site. Route 5 runs from Desert Hot Springs to Desert Crossing Shopping Center in Palm Desert with stops serving CSUSB PDC and University of California Riverside-Palm Desert (UC-Riverside PD). Figure 8 shows the current transit service and stops in Palm Desert. The proposed rail station would provide an opportunity to form a new transit hub that SunLine can use to coordinate local services and provide a nexus for campus, station, resident, and commercial transportation uses with high potential for new transit-oriented development. The ridership figures from Fiscal Year 2022 for the routes in Palm Desert are shown in Table 1. Route 1 has the highest yearly ridership, followed by Route 4, and Route 6. Figure 8: Existing SunLine Transit Routes and Stops in Palm Desert Route 1 4 5 6 7 10 Passengers 898,073 188,347 12,676 78,443 64,168 19,948 Palm Desert Rail Feasibility Study Page 412 of 495 15 Boardings in FY 2022 at each bus stop in Palm Desert are shown in Figure 9. The stops near CSUSB PDC had a total of 5,203 boardings. The stop with the highest ridership was at Town Center Way and Hahn Road, with a total of 81,892 boardings. This stop includes service on the Amtrak Thruway bus to Fullerton Station, which has the potential for inclusion in the proposed rail station. Providing a seamless connection between Amtrak Thruway Service and the proposed rail service would improve the ease of transfer for thousands of riders per year. The terminus stop of the Route 7 service at Washington Street and Harris Lane had 14,934 boardings. There is also the potential to extend this service to the proposed rail station. Figure 9: Transit Boardings in FY 22 Palm Desert Rail Feasibility Study Page 413 of 495 *Additional ridership analysis located in the appendix. 16 Table 2: Station Ridership Estimates (2028) Station Number of All Trips (Origin and Destination) Percent of Trips Captured by Rail Service Daily Ridership Estimates Coachella 13,371 0.50% 67 Indio 51,014 0.50% 255 Loma Linda 164 0.50% 1 Riverside 2,257 0.50% 11 Fullerton 46 0.50% 1 Los Angeles 1,416 0.50% 7 Total Daily Ridership Estimate (2028)350 3.7. RIDERSHIP ESTIMATES Based on figures from the origin-destination analysis of the Existing Conditions Report, projections for future daily ridership figures in 2028 were created for the Palm Desert rail station, as well as additional stations that may be constructed as part of new rail service from Los Angeles to the Coachella Valley. These estimates assume that the rail service would capture 0.5% of the trips between Palm Desert and the other station areas. Table 2 below shows the ridership from each rail station and the percentage of all trips that the service is projected to capture. This is intended to be a conservative estimate that does not take into account some of the additional draws such as events at Acrisure Arena, more connectivity between CSUSB campuses, and increases in capture due to future service enhancements. This shows that regional transit use over the San Gorgonio pass could increase by ten times the current ridership on SunLine Commuter Link, largely attributable to the ability to by-pass congestion and the increased reach of a single seat ride.* Palm Desert Rail Feasibility Study Page 414 of 495 17 4. COMMUNITY MEETINGS AND STAKEHOLDER ENGAGEMENT SUMMARY The City and project team held two public meetings to gather input on a preferred station location for the RCTC Mid Valley Station. Topics discussed included information about the future Transit Hub’s design principles, context, fit, adjacencies, and site constraints. Meetings also collected information about who a new passenger rail station could benefit—from residents to visitors. Materials related to each public open house was also posted on the City’s website “engagepalmdesert.com.” A sample of Online comments are shown below, as well as key themes from the public meetings in Table 3: ◢“I think this project would be great for residents and visitors alike. It will help attract younger folks to the desert and minimize traffic.” ◢“Ideal for both tourism and commuting; I am among the remote workers who moved to the valley from LA in 2020. I regularly travel back, and I would love to have rail as an option for the commute.” ◢“We need this and have needed it for at least 30 years. Our Valley needs to join the 21st Century. Less air pollution and A win for all.” ◢“A must for future growth and combatting climate change.” Palm Desert Rail Feasibility Study Page 415 of 495 18 Table 3: Key Themes from the Public Meetings Topics Key Themes July 2023 In Person Open House • Overall project timeframe, the planned route, and role of RCTC in selecting a station in the Mid-Valley Region • City of Palm Desert station location options (six options shown) • Station selection design principles (see Chapter 5) • Prototypical characteristics of a desired station facility or “Transit Hub” including examples of non-motorized facilities, parking access and passenger amenity • Considerations of local service connections and supporting transportation modes, such as micro mobility, cycle routes, shuttles etc. • Review of conceptual station location nearby existing and proposed development • Recommendation at the Open House One to move forward three Cook Street sites • Support for the Cook Street Corridor locations, interest in leveraging a partnership with the CSUSB planned campus expansion • Interest and support for station locations that are accessible to the Acrisure Arena • Support for complementary non-motorized access improvements and connecting into a future CV Link • Support for station locations with good regional access, and proximity to existing City commercial areas • Support for the “Transit Hub” concept and provision of adequate passenger amenities – shaded waiting areas • Interest and support for the provision of parking supply; questions on how much parking and type of parking • Strong support for the rail line generally November 2023 In person Open House • Site selection results: two of the Cook Street sites (C1 and C2) accommodate a future RCTC station • Conceptual site plans for the Cook Street sites highlighting potential facility programs and elements including station facility, parking structures and transit-oriented development • A Vision for the Valley: key best practices and design ideas to make the passenger rail station a new gateway to the valley • Community programming opportunities • Next Steps • Interest and support for rail station in the Cook Street vicinity both in online comments, at the City’s Engage Page, and from Open House participants. Many comments included a desire to see the line completed quickly; “desperately needed” to mitigate traffic • Interest and support for rail station for remote work and commuters to LA and to support those who cannot or do not wish to drive. • Concern about stormwater at Cook Street Site due to the impacts of recent flooding • An individual voiced concern about crime; discussion of activated site design to mitigate • Interest in improving Coachella Valley connectedness, seeking future rail coordination with local transit service, and first/last mile options • Interest and support for a staffed passenger facility and access to parking Palm Desert Rail Feasibility Study Page 416 of 495 19 4.1. CONSULTED INTEREST HOLDERS During this project, the project team and City of Palm Desert met with the following: 1. Riverside County Regional Rail Commission: Several meetings were held to understand RCTC project goals, high level design constraints for platform access, operations, and site assumptions in support of conceptual site plans. 2. California State University San Bernadino. Discussion of proposed rail station locations and discussion of opportunities to coordinate planning with the future campus expansion. The University issued a letter of support for the Cook Street sites. 3. The Berger Partnership and Acrisure Arena: Discussion of proposed rail station locations. Exploration and discussion of partnership opportunities associated with the Transit Hub vision, initial exploration of existing and projected demand for event-related parking, and desired access improvements. There was support for a Palm Desert passenger rail facility at the Cook Street locations. 4. Local Homeowner Associations: Discussion of site boundaries, ownership, and potential impacts at Cook Street, and all potential station site locations. General support for locations that is not adjacent to residential development. Portola and Monterey Avenue site locations were not preferred. 5. The City of Palm Desert conducted meetings with other select property owners who might be impacted by changes at all potential host locations, including the site C1 property owner. 6. Local Transit Service Operators – SunLine and Greyhound: Discussion about preferred site programs, design constraints, and operations requirements. Discussion of several scenarios for bus facility lay out, access, and lay over space. Palm Desert Rail Feasibility Study Page 417 of 495 20 Palm Desert Rail Feasibility Study 5. PRIORITIZATION OF PROJECT IMPLEMENTATION The Palm Desert Transit Hub’s development should be strategically prioritized, aligning with the initiation schedules of services from the collective cities, regions, and RCTC. The foundational premise is that the site will serve as a multimodal hub catering to local and regional needs, even before the commencement of rail services. It will initially support basic functionalities for buses, shuttles, and parking, with provisions for expansion in anticipation of rail services. Should the City decide to commence site enhancements ahead of rail operations, the following prioritization framework is proposed: 5.1. SITE PREPARATION The initial step involves executing preliminary site work and establishing the City’s stormwater management system. Early construction efforts will focus on rough grading, soil stabilization, and the installation of essential site utilities, including sewer, stormwater management systems, water, power, and communication infrastructure such as fiber optics. 5.2. SITE CIRCULATION AND PARKING Development of site access and internal circulation routes to support the transit services initially provided. This encompasses constructing roundabouts at station entry points on Gerald Ford Drive, facilitating ingress to parking spaces, and arranging drop-off/pick-up lanes. The infrastructure would also extend to bikeways and facilities; multi-use paths; associated utilities encompassing site and path lighting, solar installations, charging stations; and sidewalks. The development of parking facilities can be scaled to align with passenger volume and potential shared use by Acrisure Arena and/or CSUSB. A surface parking lot can be provisioned initially with structured parking planned to coincide with rail service. The full buildout of anticipated structured parking needs would be required to be built at once if a single garage is proposed. The construction of bus access points and passenger zones may proceed simultaneously or be deferred based on the anticipated services. Initially, regional and local bus services could share the designated passenger pick-up/drop-off areas. With the increase in bus service coinciding with the start of rail operations, dedicated bus loops and stops could be established. 5.3. STATION FACILITIES The station facilities and supporting amenities could be introduced prior to or simultaneously with the introduction of rail service. The facilities would include the Station Building, incorporating air-conditioned waiting areas, ticketing and information services, restrooms, concessions, and back of house. The facilities would be developed to accommodate RCTC, SunLine, and the City of Palm Desert. Together with the station building, the bike station, and vehicle rental service kiosks would be built along with exterior waiting areas, shade structures, and landscaping. Page 418 of 495 21 5.4. RAIL PLATFORMS AND VERTICAL CIRCULATION Predicated on the development of the RCTC rail services, this phase would see the construction of rail platforms, shelters, passenger amenities, pedestrian overcrossing, elevators, and stairs, supported by necessary services, including signage and wayfinding, and utilities such as lighting, power, and water. 5.5. TRANSIT ORIENTED DEVELOPMENT (TOD) IMPROVEMENTS TOD Improvements could be prioritized based on the timing of the collective cities, regions, and RCTC services are scheduled to begin. The base assumption is rough utility stub outs and services to the TOD sites would be constructed during the site preparation phase and each site would be developed by their respective developers. This structured approach allows the Palm Desert Transit Hub to evolve in phases, integrating with future transportation services while catering to immediate and future mobility demands. Palm Desert Rail Feasibility Study Page 419 of 495 22 Palm Desert Rail Feasibility Study 6. STATION SITE SELECTION AND FEASIBILITY ANALYSIS 6.1. STATION SITE DESIGN CONSIDERATIONS Palm Desert occupies a strategic position in the heart of the Coachella Valley, located at the midpoint of the RCTC’s “Mid Valley” station geography. It is equidistant, about 15 miles, from both the existing Palm Springs Station and the future Indio/Coachella terminus station. The City envisions a new RCTC station location and facility design that leverages this centrality, facilitating valley accessibility for residents and visitors alike, and creating a new, convenient gateway for its many destinations. The site locations describe connections with vital regional transportation routes; are adjacent to land uses such as employment, education, healthcare, culture, and leisure; and are accessible to a wide range of amenities. All sites benefit from excellent access notably the Cook Street multimodal corridor connecting I-10 with State Route 111 (SR-111)—the main north-south transit route and retail corridor serving the Coachella Valley. The site considerations aim to: ◢Establish the best site that will serve all residents and accommodate other transportation modes, including SunLine Transit Agency ◢Identify and test a preliminary design on the selected site, suitable for intercity passenger rail service ◢Demonstrate how an accessible station would function Design goals for the future station location are: Community Serving. The station location should provide equitable access for all communities in the Coachella Valley, local and regional visitors, and vulnerable populations. Accessible. A future station location should have excellent site access for vehicles, buses, and pedestrians. It should be proximate to major streets, Coachella Valley assets, and key destinations. Intuitive Arrival. The future station should be highly visible with a functional site configuration. Connected. A future station should enable future connections to local transit service providers and support a range of transportation alternatives. Supports Economic Development. The selected station location should facilitate partnerships with other Valley stakeholders and be attractive to uses that can complement a future station. Future Flexibility. The site location should provide adequate space for an appropriately scaled facility and the ability to expand in the future. Page 420 of 495 23 6.2. STATION LOCATION PRELIMINARY SELECTION AND SCREENING The project team identified site areas suitable for a future RCTC Mid-Valley Station. All preliminary station locations exhibit the following attributes: ◢Location adjacent to the Union Pacific Railroad (UPRR) Right-of-Way (ROW) that will support 1000’ long platforms ◢Available undeveloped parcels along the ROW boundary edge of sufficient size to enable adequate site circulation, parking, and facilities (+/- 4 acres) ◢Adjacency to existing or planned commercial, retail, and transit supportive land uses (e.g., services, educational, hospitality, medical, leisure, recreational facilities, etic.) ◢Excellent access to regional street networks and access to nearby local transit service The team focused on the locations with direct access to north-south multimodal corridors connecting I-10 with SR-111, supporting regional connectivity. Multimodal corridors assessed: ◢Monterey Avenue, a north-south corridor with direct I-10 access with auto-oriented commercial, retail, and shopping near the station area ◢Portola Avenue, a street with a planned I-10 freeway connection adjacent to hospitality and residential areas and a new city park ◢Cook Street corridor, an area with existing entertainment, retail and residential uses, and a planned expansion of the CSUSB Palm Desert, and UCR PD campus. Cook Street is also designated for a future micro- mobility network and planned “complete street” roadway improvements The pre-screened identified sites are shown in Figure 10. This screening was presented in a City of Palm Desert Public Open House in July 2023. The screening focused on topics related to improved connectivity for riders, mobility and access, site challenges, and future development opportunities. The site assessment process from the July 2023 open house shown in Table 4 resulted in the three Cook Street sites ranking the highest. Qualitative assessment and key questions included: Rider Experience: Does the station option enable direct and safe connections to I-10 and the local/regional street network? Does it connect to bikeways, cart paths, and pedestrian infrastructure? Does the site present an opportunity for reducing reliance on personal vehicles? Is its location visible and prominent? Mobility and Access: Does the option improve on traffic and other modes’ circulation and management needs (access to parking, station, or entertainment activities)? Challenges: Is the project consistent with the City’s vision and land use goals? Do adjacent land uses support a station location? Is there construction, geometric, or technical feasibility challenges? Do specific spatial or other constraints preclude a station? Is there infrastructure to support it? Future Investment: Is the location favorable for development? What partnership opportunities are available? Does the station location fit into the City’s or stakeholder’s identified goals and priorities? Palm Desert Rail Feasibility Study Page 421 of 495 24 Figure 10: Identified Station Sites Palm Desert Rail Feasibility Study Page 422 of 495 25 Palm Desert Rail Feasibility Study Table 4: Station Site Assessment, July 2023 Open House Station Site Locations Rider Experience Mobility and Access Challenges Future Investment Advance? Monterey Ave M1 Limited visibility into proposed site, adjacent development is less walkable. Monterey Ave is a higher traffic volume, auto-oriented corridor connecting to the I-10. The intersection of Monterey Ave and Dinah Shore Dr has the third highest number of collisions in the City. Micro-mobility connections are challenging along Monterey due to the higher traffic volumes and speeds. Site is space constrained for passenger drop off and arrival via car. Less connected for local bus service. Redevelopment of adjacent parcels to transit-oriented uses requires collaboration of adjacent private landowners. No Portola Avenue P1 Site has good connections to south and central Palm Desert. Adjacent to planned developments to the south and east. Portola connects a series of residential neighborhoods. It has separated bike facilities and lower traffic volumes. Site is adjacent to a future Portola freeway over crossing and exit for site access. Portola is a lower intensity roadway which could allow for micro-mobility network connections. Adjacent to residential development; transit uses may be incongruous. Potential for new Portola Avenue I-10 crossing. Low TOD opportunity. Located within lower scale residential neighborhood. No P2 Limited quick access to the site due to reliance on smaller secondary roads. Station site is located within a planned city park. Requires use of land planned for city park/open space. Site is adjacent to residential uses which could be sensitive to station noise. Limited opportunity for denser housing. Potential opportunity to coordinate with future public park to create a “park station”. No Page 423 of 495 26 Station Site Locations Rider Experience Mobility and Access Challenges Future Investment Advance? Cook Street C1 Adjacent to retail, good visibility from Cook Street and I-10 Cook Street is identified in the General Plan as a “multimodal corridor.” Cook Street is transitioning to become an important connector across the city, connecting the University area, the resorts along Cook Street, and downtown Palm Desert via Fred Waring and Highway 111. Challenged vehicle circulation and entry approach. Location is further from core of CSUSB campus and Arisure Arena. Cook Street bridge structure over tracks poses constraints onto rail alignment and platform positioning. Redevelopment of adjacent parcels to transit oriented uses requires collaboration of adjacent private landowners. Yes C2 Well connected to proposed CSUSB Palm Desert Campus expansion. Visibility from freeway. Location is further from Acrisure Arena. More constrained site development between two already developed sites. High TOD opportunity. Supports General Plan goal to facilitate the development of a university- oriented neighborhood and “town center” Yes C3 Well connected to proposed CSUSB Palm Desert Campus expansion. Visibility from freeway. Potential for future bridge crossing to the north side of I-10 with a connection to Acrisure Arena. Access to Acrisure Arena is contingent on a future bridge crossing over the 1-10. High TOD opportunity. Supports General Plan goal to facilitate the development of a university- oriented neighborhood and “town center.” Closest location to Acrisure Arena with potential for coordination of on/off site shared parking and future connection crossing I-10 to the arena. Yes Due to various challenges, the city decided to not move forward with sites M1, P1, and P2. Though they are vacant, M1 is adjacent to the highest collision intersection in the city, making micro mobility and transit options limited and challenging. Meanwhile, P1 and P2 sit along Portola Ave., a lower volume residential street and a future planned park area, making a popular station area incongruous with surrounding uses. Palm Desert Rail Feasibility Study Page 424 of 495 27 Transit Facility Design Assumptions To assess suitability of the station sites moving forward (C1, C2, and C3), the project team established high-level assumptions including platform criteria, transit facility requirements, parking, bus accommodations, and transit-oriented development objectives. Critical siting parameters for the rail platform and station structures were developed in coordination with RCTC. The assumptions led to preliminary concept plans for sites C2 and C3. Preliminary concept plans were shared in a second Public Open House in November 2023. Building from comments on C2 and C3 and further study of the assumptions below, a preferred conceptual site plan was developed and is shown in Section 5.3. Siting Constraints Future rail platforms and stations must meet RCTC technical requirements and its forthcoming station design criteria. All facilities sited within the Union Pacific Railroad (UPRR) right-of-way (ROW) are subject to UPRR approval. RCTC is coordinating directly with UPRR to clarify these constraints. Final platform and track configurations remain unresolved at this time and will evolve during subsequent phases of this project led by RCTC. Design assumptions, listed below in Figure 11, build from the RCTC San Gorgonio Passenger Rail Corridor Service Program Tier 1 EIS/EIR, and incorporate accessibility, fire and life safety standards, and Amtrak passenger facility design standards1. ◢Trackway: The RCTC San Gorgonio Pass Project will provide three mainline tracks vs the two currently located in the UPRR ROW. UPRR’s ROW is 150 feet wide, and with the addition of the new mainline, additional ROW will be required at the station platform locations to accommodate two platforms and the required access roads etc. For purposes of the facility concept development and station siting, the team assumed the north mainline track will relocate to accommodate the 3rd mainline track while the south mainline track will be modified to accommodate a new center passenger platform. ◢Operations: Operating passenger rail services within a UPRR freight corridor presents constraints due to the different operational, safety, and infrastructure requirements of freight service. To preserve operational flexibility for both freight and passenger operator’s platforms allow for RCTC trains operating on any of the main line tracks in either direction to arrive at the platform. Both a center and side platform configuration have been considered. ◢Crossings: UPPR does not allow at grade crossings of the mainline track. All passenger access to the center platform will require a grade-separated crossing to access the platform including elevators, and bridge connection. A side platform can be accessed at-grade, passengers may board and alight into the station building directly. While either an undercrossing or overcrossing is acceptable, an overcrossing is the assumed alternative for this study. ◢Clearances and Protections: UPRR requires a clearance envelope of 23’-4” above top of rail, 5‘-6” from center line of track to the edge of platform and 12’-4” inches from the centerline of track to any permanent structure. 1AMTRAK Station and Development Guidelines, January 2022, v.4 Palm Desert Rail Feasibility Study Page 425 of 495 28 Platform Assumptions: ◢(1) 36-foot-wide center platform serving passengers in both directions located between the two northerly mainline tracks ◢(1) 20’ wide side platform served outside of the third mainline track ◢A pedestrian bridge spans the two most southerly tracks providing platform access and egress to the center platform ◢Platform length: 1,000-foot platforms accommodate up to 10 cars ◢Providing shade and mitigating wind are important for passenger comfort and have been included as a design assumption for the platform. A 36-foot-wide center platform allows up to 16 feet of shelter width. Maximizing the canopy width will address low sun angles Additional site constraints: ◢The City of Palm Desert owns and manages an open storm drainage channel that extends along the boundary between the UPRR ROW and the Cook Street station sites. The open storm drainage channel may preclude an underpass or below grade platform connections due to flood mitigation and conflicts with the channel construction and management ◢Stormwater management will include an on-site stormwater retention area on the C3 site ◢High voltage power transmission lines run along the south edge of the ROW within city-owned property at the north end of the C- sites. Further study will be required to assess the cost and feasibility to underground the power lines to accommodate the pedestrian overcrossing to the platform. Design assumptions assume undergrounding to avoid interference ◢All sites are susceptible to high winds and blowing sand. Mitigating sand accumulation is a consideration for building and passenger amenity siting ◢Heat and sun require mitigation with large outdoor shade canopies at all outdoor passenger waiting areas and pedestrian walkways. Figure 11: Station Platform and Track Design Assumptions PREFERRED SCHEME SCHEME B ACCESS ROAD ACCESS ROAD VARIES PER SITE SELECTI0N VARIES PER SITE SELECTI0N 30' 30' 30' 30' 100' 100' 1000' 1000' 46' - 8" 46' - 8" 20' 20' 20' 100+00 100+00 106+00 106+00 118+00 118+00 124+00 124+00 36' 36' 20' 20' 20' 20' 100' 100' 108' 108' 20' 20' 20' 20' ML 1 ML 1 ML 2 ML 2 ML 3 ML 3 ACCESS ROAD ACCESS ROADCOOK STCOOK STUPRR ROW UPROW INTERSTATE 10 INTERSTATE 10 LEGEND Existing Rail New Rail Station Platform Access Bridge Palm Desert Rail Feasibility Study Page 426 of 495 29 Vertical Circulation and Connectivity Assumptions A pedestrian overcrossing to the center platform vs an undercrossing for the reasons cited above form the basis of the conceptual design. To meet accessibility requirements to the platform, both ramps and elevators were considered. The UPRR height clearances above top of rail to the underside of the pedestrian overcrossing is 23’-4” with a total vertical distance of ~ 30’ from the station level. The preferred solution is installing elevators over ramps for the above grade crossing. This preference is based on several factors, including space constraints, the impact on the platform’s usability, and the overall efficiency of passenger movement. Long ramps, extending over 400 feet on either side of the bridge, were considered impractical for several reasons: ◢Space Constraints: The platform space is limited, and long ramps would significantly encroach upon areas intended for passengers and amenities—such as seating areas, information boards, and other facilities ◢Passenger Experience: The use of long ramps would adversely affect the travel time for passengers, making it more time- consuming and physically taxing to access the train platform. This could be especially challenging for those with mobility issues or those carrying luggage, potentially making the station less accessible to a portion of the public Given these considerations, elevators are seen as the preferred solution to provide an accessible route to the center platform. Elevators would occupy less space, have minimal impact on the platform’s functional areas, and offer a quicker, more efficient way for all passengers, including those with disabilities, to access the platform. This aligns with the goal of making public transportation systems accessible to everyone, following principles of universal design and compliance with the Americans with Disabilities Act (ADA) It is proposed that the pedestrian bridge provide direct connections to both the parking structure and the station building to minimize walking distances and reduce the potential need to go up and down multiple times between destinations. This shared use of elevators can also enhance convenience for commuter passengers by providing a seamless transition between parking, the station, and train services. Ancillary Uses and Structures The site selection processes considered both the potential and ease for on-site transit-oriented development at the Cook Street sites to enhance site functionality and convenience. Various scenarios were evaluated for buildings, public space, parking, access routes, and use mix. The City of Palm Desert Zoning and Land Use policies will determine the type, scale, and volume of permitted development. Local Transit Service This study assumes a maximum coach/bus length of 45-feet and no future articulated buses (this would require larger turning radii and maneuvering space). Straight curbs are preferred over sawtooth bus geometries. No fueling or charging infrastructure needs are anticipated in the current program. A dedicated bus loop and dedicated curb space should be included to avoid conflicts with vehicular traffic. Palm Desert Rail Feasibility Study Page 427 of 495 30 Local Road Access Gerald Ford Drive is the primary access point to the station site via Cook Street, which in turn provides access to other Palm Desert neighborhoods and I-10, or Frank Sinatra Drive. Traffic analysis has shown that there is sufficient roadway capacity on Cook Street and the I-10 interchange to support new development and station activity. Gerald Ford Drive will need to be expanded to allow 2 travel lanes in both directions with appropriate turn lanes and intersection control at major campus entrances, the station entrance, and for the proposed new fire station. The station design concept and cost estimates assume construction of a roundabout at the station entrance. Figure 12 shows the anticipated profile for Gerald Ford Drive that will support a multimodal friendly neighborhood access route. 5 Sustainability PPoo tteenn tt ii aa ll cc oo nnddii tt ii oo nnss:: •‘Right-sized’ street •Environment for walking and biking •Wide sidewalks and two-way cycle track •Supportive of transit-oriented development Figure 12: Anticipated profile for Gerald Ford Drive Palm Desert Rail Feasibility Study Page 428 of 495 31 Other Physical Design Constraints The City of Palm Desert owns and manages an open storm drainage channel that abuts the UPRR ROW to the south. It is assumed that the open storm drainage channel may preclude an underpass or below grade platform connections due to flood mitigation and conflicts with the channel construction and management. The City of Palm Desert is also exploring approaches to mitigate stormwater—especially in the Cook Street corridor. Options for stormwater management may include a new stormwater retention area on the C3 site. The design of this area is outside the scope of this study. High- powered transmission lines line the south edge of the ROW within city-owned property. Further study will be required to assess the cost and feasibility to underground elevated power lines. This feasibility study assumes power lines are underground to avoid interference with a bridge overcrossing to the platforms. Selecting the Preferred Site Location The project team applied the design assumptions to the three Cook Street Sites to understand the potential for each site to host the station facility. Findings are summarized below and shown in Figure 13. Figure 13: Cook Street Site Evaluation Map Palm Desert Rail Feasibility Study Page 429 of 495 32 Palm Desert Rail Feasibility Study Cook Street evaluation findings: Both C2 and C3 have the technical ability to host the rail platform and ancillary station structure. C1: While the site is of sufficient size and strategically located near Cook Street, it faces significant challenges. Access to the site from Gerald Ford Drive and the CSUSB campus is indirect, which complicates access to the site for vehicles and buses and creates circulation challenges. The site is constrained from the Cook Street overcrossing bridge abutments and columns that restrict where a rail turnout can begin for the start of the platform. The site visibility from both Cook Street and the I-10 freeway is also negatively impacted due to the overcrossing ramp structures. C2: While smallest in size, C2 provides adequate area for a transit facility and offers good connections to the CSUSB campus planned expansion, and good site visibility. A drawback is a planned development on the site at of the time of this report’s publication which may eliminate it as a viable option. C3: This is the largest site and offers more area than C1/C2. C3 meets all design assumptions and offers flexibility for a variety of complementary programs/development. The C3 site is directly accessible from the CSUSB campus expansion and may offer a “Gateway” opportunity to welcome visitors to the campus. The site has high TOD opportunity and potential to coordinate for on or-off-site parking for Arena. There is potential for future bridge crossing to north side of I-10 and connection to Acrisure Arena. There is also potential to coordinate for on or-off-site parking for Arena. This location supports the City of Palm Desert’s General Plan goal to facilitate the development of a university-oriented neighborhood. A stormwater mitigation study is currently underway. C3 is the preferred location. This site offers not only flexibility for a future station platform but has the potential to support broader city goals and leverages the potential expansion of the CSUSB campus and access to Acrisure Arena. The City is in discussions with the property owner to purchase the parcel. Page 430 of 495 33 Palm Desert’s vision for a future RCTC station is to create a “transit hub” serving the Coachella Valley and provide options for all Coachella Valley residents and visitors integrated travel options to connect where they work, learn, live, shop, and play. The vision for the Transit-Hub is to create a safe, vibrant, and accessible station area providing users access to community- oriented services and affordable housing, together with compatible off-peak secondary uses to create resource-efficient, high-quality, and environmentally healthy developments that maximize the social and economic vitality of the region. The conceptual Transit Hub design will serve RCTC rail passengers and future Amtrak passengers as well. The design accommodates local bus and shuttle transfers, facilitates park and ride uses, transfers between micro-mobility options, and connects to the City’s bike network extending to CV Link. The site can also be developed incrementally, and in coordination with its adjacent landowners – UCR and CSUSB. Key elements to be considered for a successful station area include (see Figure 14): Figure 14: Palm Desert Transit Hub Visioning Sketch 6.3. THE PALM DESERT TRANSIT HUB VISION Palm Desert Rail Feasibility Study Page 431 of 495 34 Transit Facility Program Building from the vision above and meeting the design assumptions listed in section 5.2., a conceptual site plan and station renderings (Figures 14, 15, 16, and 17) illustrates the transit facility’s core components and includes opportunities for a future final build out scenario. Core components shown on the site plan are: 1. Center and Side Rail Platforms 2. Dedicated Local and Regional Bus Pick Up and Drop Off 3. Passenger Amenity Spaces and Shade Covered Outdoor Waiting Area and Pedestrian Circulation 4. Station Services/TOD Development Opportunities 5. Structured Parking 6. On-Site Stormwater Retention Basin 7. Multimodal Connections to CSUSB Campus Cycling, rideshare, transit, shuttles, private buses, event mobility, micro-mobility, car share, and pedestrian access are accommodated in the transit hub concept. Figure 15: Palm Desert Transit Facility Conceptual Site Plan Palm Desert Rail Feasibility Study Page 432 of 495 35 Figure 17: Palm Desert Transit Facility Rendering Figure 16: Palm Desert Transit Facility Conceptual Site Plan #2 Figure 18: Palm Desert Transit Facility Rendering #2 Palm Desert Rail Feasibility Study Page 433 of 495 36 Identifying Opportunities ᇷ Create a destination through placemaking: Passengers will alight from the train and platform into an activated station building and welcoming “station square”. The concept illustrated above focuses on the arrival experience that accentuates relaxed easy access into “the heart of the Coachella Valley”. The station will be designed to host quality, hospitality-conscious visitors and residents. The building will encompass ticketing functions, wayfinding, and passenger amenity space (e.g., concierge/visitor center, bathrooms, waiting areas, etc). Plantings serve a useful passenger comfort function by providing shading and visual interest. Future designs should consider strategically incorporating plantings to provide shade for walking and waiting areas as well as reduce heat island effects of paved areas. Water elements and passive evaporative cooling should also be incorporated. Native plants will be selected to support local biomes and flora/fauna. Preliminary concepts for the station facility are described as follows: ◢Generous conditioned space for waiting, ticketing, and support spaces ◢Integrated retail and passenger amenities (e.g. concierge (security), bathrooms, coffee kiosk, etc.) ◢Ancillary administrative spaces are included as components of the station building ◢A shaded porte cochere, drop off area, and landscaped plaza area support passenger comfort for those leaving and arriving at the station ◢Comfortable outdoor waiting space incorporated into the station site ◢Flexible curb space will facilitate the transfer to multiple transportation modes ◢At least 200 feet to facilitate transportation network companies (TNC) and shuttle drop offs as well as passenger vehicle drop offs ᇷ Explore Opportunities for Transit Oriented and Joint Development: Land uses on the site should support/compliment transit and visitor- serving usage. This might include walkable convenience retail, food and beverage, and other activities that contribute to create an active environment. Land uses may also be oriented to pre- or post-event visitors and can make the area a destination for evening event goers at the nearby arena. A hotel, and on-site hospitality functions, may have some potential to encourage rail service passengers to stay overnight and be able to visit the valley car-free. The project team explored the opportunity for leasable square footage to be incorporated into the station building or into the ground-floor of the parking garage. The anticipated growth of the CSUSB campus is certain to be augmented by the arrival of rail service, and offer greater and more convenient access for students throughout the region. Additionally, the “town square” with complementary uses identified above broadens the campus offering for both students and faculty. ᇷ Planning for Regional Bus Service: SunLine does not operate on Gerald Ford Drive; however, growth may enable future direct services or interchanges at the proposed transit facility. SunLine’s Number 10 Bus Line is a commuter service with a stop at CSUSB and along I-10. In the future, SunLine service could complement both the new passenger rail commuters and the expanded campus, including reoriented routes. There is an opportunity to include a bus layover at the station facility, as well as a future driver breakroom. In the case of mechanical breakdowns or bus exchanges, a parking zone for disabled buses should be considered if space allows. Palm Desert Rail Feasibility Study Page 434 of 495 37 Based on meetings with SunLine, the draft concept plan assumes a 45- foot coach/bus maximum length and no future articulated buses (which would require larger turning radii and maneuvering space). Straight curbs are slightly preferred over sawtooth bus geometries. Future fleets may include hydrogen or electric operation, but no fueling or charging infrastructure needs are anticipated. A dedicated bus loop and dedicated curb space is shown to avoid conflicts and delays with private vehicular traffic. POTENTIAL NEXT STEPS: ◢Further discussions with SunLine will ensure the new station site fits into the future SunLine network and creates those first/last mile connections with the surrounding Coachella Valley. Palm Desert Rail Feasibility Study Page 435 of 495 38 ᇷ Beyond Traditional Transit Operations: The Palm Desert Station facility could offer opportunities for partnerships with regional institutions, event operators, and destinations. For example, the transit facility can serve as a connection point for rail passengers to resorts, local casinos, event spaces such as Acrisure, annual festivals, sports events, local and regional tour operators, and others. The site design can support passengers arriving on foot, by car, transit, micro-mobility, or other means. Programs envisioned for the future station are listed below, and shown in Figure 19. ◢Bus exchange to local transit providers (SunLine) ◢Flexible curb space for rideshare such as TNCs, Drop Off/Pick Ups, Taxis ◢Shuttles and private buses (ex: events) ◢Micro-mobility and rental/share programs (ex: E-bike, golf cart parking or rental) ◢On-demand car rental parking and pick up/drop off ◢Passenger amenity spaces such as protected waiting areas ◢Complementary site uses such as convenience, retail, or eateries. ◢Parking for long-term and short-term users Facilitating these connections would require planning for appropriate curb space for peak passenger loads meeting arriving trains. Exploring partnerships to mode-shift visitors to rail travel can help facilitate a reduction in VMT for visitors and residents of the Coachella Valley. Private operators may own and maintain their own vehicle fleets or sub-contract at specific times for special events. Figure 19: Example of Envisioned Programs for the Palm Desert Rail Station Palm Desert Rail Feasibility Study Page 436 of 495 39 POTENTIAL NEXT STEPS: ◢Continue to coordinate with SunLine on future service network expansion to serve a future transit facility ◢Explore options to connect existing commuter services with on-site parking and other mobility connections ◢Plan future micro-mobility networks (golf cart paths, bike lanes, etc) into the buildout of the transit facility ◢Explore opportunities for partnerships with shared parking, shuttles, and intermodal transfer to leverage public and private investment with institutions, neighbors, key valley destinations, and stakeholders ᇷ Park-and-Ride Facilities Parking can be phased to expand as service increases. Commuter and short-term parking will become more desirable as rail service increases in frequency. Lower frequency train schedules are less attractive for commuter riders, but would be appropriate for CSUSB students, day trips, weekend trips, leisure trips, or longer periods of time. At full rail service in the future, a structured parking garage is assumed on the site to allow for shaded and protected parking and to free up adjacent land for transit supportive/complementary uses and facilitate the establishment of a new “town center.” A parking garage serving riders is also assumed in the final configuration. POTENTIAL NEXT STEPS: ◢Further study is required to confirm phased parking quantities, types, and arrangement in coordination with RCTC passenger ridership estimates and potential site users ◢Identify opportunities for shared off-site parking for Acrisure Arena, or with CSUSB. These alternative parking uses can leverage investments and improve the return on investment (ROI) for built parking infrastructure ᇷ Opportunities for Connections and Improvements to the Street Network: A new Class-I bikeway assumed along the rail alignment will complement the Coachella Valley’s network of E-vehicle (ex: Golf Cart) and multimodal pathways (Ex: Coachella Valley Link). POTENTIAL NEXT STEPS: ◢Coordinate multimodal connections to the south to adjacent developments and the CSUSB campus core ◢Consider opportunities to tie into valley networks more broadly (i.e. such as along the Cook Street corridor). ᇷ Public Improvements: Gerald Ford Drive is the key access road that will provide access to the station site. Today Gerald Ford Drive has two lanes heading westbound and one lane heading eastbound. With the changes proposed for the CSUSB campus expansion, and a potential transit hub, this street could be redesigned to included landscape buffers, wide sidewalks, and incorporate traffic calming features to facilitate walking, biking, and micro-mobility network safety to support a walkable “town center.” Gerald Ford Drive’s character (e.g., width, pathways, mobility networks, pedestrian safety) can be considered to strengthen walkability and connectivity between the transit hub location and adjacent development and complementary uses. Palm Desert Rail Feasibility Study Page 437 of 495 40 POTENTIAL NEXT STEPS: ◢Lane quantities and level of service (LOS) analysis should be confirmed especially as planning for the CSUSB campus and adjacent development gets confirmed to support future traffic volumes ◢Additional pedestrian amenities or dedicated infrastructure for bikes and micro-mobility networks can be included in any future roadway redesign ◢Consider roundabout or traffic circle options for new intersections along Gerald Ford Drive. Similar circles have been incorporated on roadways elsewhere within the City of Palm Desert (e.g., Dinah Shore Drive and Pacific Avenue) and provided requisite traffic calming and moderated speeds to facilitate safe vehicular travel of all modes ◢Use public realm improvements to include placemaking opportunities (e.g., traffic circles, prominent urban corners, and view corridors) that can be incorporated into future design thinking to establish “a sense of place” for the new station area and “town center”. ◢If traffic circles are incorporated into a future Gerald Ford Drive design, coordinate with planned vehicular circulation needs (e.g., Buses, shuttles, emergency vehicle, etc. turning radii) and available site area for station site development areas. ᇷ Future Gateway Bridge: A future connection opportunity includes a bridge connection across I-10 to Acrisure Arena. This connection is envisioned as a pedestrian/ micro-mobility network connector that could facilitate pedestrian access all the way up to small scale shuttle vehicles. This connection dramatically shortens the distance on the local road network between the station and the arena from about 2.5 miles via Cook Street to approximately 0.5 miles. The connection also supports reducing auto traffic associated with large events and could facilitate the utilization of on-site station parking during off-peak times for use by arena event goers. Solving for a connection to the arena may also provide additional revenue streams to the city through parking fees or additional tax receipts from local businesses. POTENTIAL NEXT STEPS: ◢Continue to explore with Caltrans and RCTC an opportunity for a future connection to Acrisure Arena. ◢Continued outreach with Acrisure Arena for future transportation integration ◢Lastly, future provisioning of an I-10 bridge crossing should be considered with future planning and opportunities for grant funding ᇷ Partnerships: Ongoing coordination with CSUSB / UCR campus planning can ensure the long-term campus vision is coordinated with any proposed transit hub planning. POTENTIAL NEXT STEPS: ◢Continue discussions with local property owners and institutions (ex: CSUSB) to synergize site planning, uses, and development opportunities. ◢New streets transportation linkages from the transit facility and through the campus should be coordinated with future campus planning. ◢Coordinate with the planned fire station and street design along Gerald Ford Dr. Palm Desert Rail Feasibility Study Page 438 of 495 41 6.4. CEQA PRELIMINARY ENVIRONMENTAL STUDY The next steps in the RCTC San Gorgonio Pass Project will be a Tier 2 EIR/ EIS review. During this phase, a detailed assessment description of the selected project site will be developed—including location, background, objectives, and technical details. This phase also often includes necessary permits and approvals. During environmental review, the project will focus on potential impacts and unique issues not covered (or were only covered generally) in the now complete Tier 1 analysis. During Tier 2, the project will identify and assess the “footprint” of potential station sites. As necessary, mitigation measures will address the new or more severe impacts identified. Topics within the EIR are comprised of areas such as: ◢Air Quality and Climate Change: Analysis of emissions resulting from construction and operation, including greenhouse gas emissions and their contribution to climate change, as well as conformity with state and federal air quality standards, appear to be within state guidelines with a net benefit from supporting multimodal alternatives to driving private vehicles ◢Water Resources: Analysis of the project’s impact on local water supply, quality, and hydrology, including stormwater management and potential flood risks indicates the site can support potential storm water management best management practices (BMP). A further study is being conducted by the City of Palm Desert assessing this ◢Biological Resources: Evaluation of impacts on local wildlife, habitats, and ecosystems, especially considering the Coachella Valley’s diverse desert ecology. This includes potential effects on endangered species and sensitive habitats. Initial assessment showed no adverse impacts ◢Cultural and Historical Resources: Consideration of impacts on archaeological sites, historic buildings, and cultural landscapes, ensuring compliance with relevant preservation laws, revealed no adverse impacts ◢Socioeconomic Impacts and Environmental Justice: Analysis of how the project affects local economies, property values, and particularly, the distribution of environmental benefits and burdens across different socioeconomic groups; ensuring equitable outcomes showed a positive impact ◢Transportation and Traffic: Evaluation of the project’s impact on local and regional transportation networks, including traffic congestion, changes in traffic patterns, and integration with existing transportation modes showed no significant adverse impacts ◢Noise and Vibration: Assessment of noise and vibration impacts on nearby communities from construction activities and the operation of trains, including potential mitigation measures were not assessed ◢Land Use and Planning: An initial assessment of how the C3 project site project aligns with existing land use plans and zoning ordinances showed no adverse impacts with community benefits, including promoting sustainable land uses ◢Visual and Aesthetic Resources: Assessment of the project’s visual impact on the surrounding landscape and urban environment, including views and community character, indicate a positive impact ◢Public Health and Safety: Examination of how the project affects local communities’ health and safety, including emergency services accessibility, showed no adverse impacts. A preliminary screening of both site locations, C2 and C3, showed significant environmental impacts beyond the typical are not projected. Palm Desert Rail Feasibility Study Page 439 of 495 42 An area that will require further resolution in the next phase of work is assessment of cultural resources. The sites are located beyond the scope of the most recent maps conducted for the City of Palm Desert General Plan2. Consultation and coordination with local tribal entities will also be conducted during Tier 2 studies. Site Prominence C1 C2 C3 Visual Resources/ Aesthetics Visibility from Street Poor Excellent Excellent From I-10 EB – Obscured EB – Good EB – good WB - good WB - good WB - good From Cook obscured by ramp poor poor From Gerald Ford obscured by development good good Direct Connection to Primary Travel Corridors C1 C2 C3 Traffic and Transportation Vehicular and Transit Access Fair Excellent Good Distance from Arterial Cook Street .38 mi Cook Street .28 mi Cook Street .55 mi Gerald Ford .18 mi Gerald Ford 0 mi Gerald Ford 0 mi Transit Connections Cook Street .38 mi Cook Street .28 mi Cook Street .55 mi Number of turns in / out of property Cook St: 5 Cook St: 2 Cook St: 2 Gerald Ford 3 Gerald Ford 1 Gerald Ford 1 Connection to CSUSB Palm Desert Campus Indirect Direct Direct Vehicular Connection - Acrisure Arena Cook Street 1. 70 mi Cook Street 1.96 mi Cook Street 2.24 mi Pedestrian and Bicycle Access Good Good Good Table 5: Palm Desert CEQA Site Evaluation 2 https://www.palmdesert.gov/home/showpublisheddocument/34535/638373010609730000 p. 90 Palm Desert Rail Feasibility Study Page 440 of 495 43 Site Prominence C1 C2 C3 Traffic and Transportation (continued) Bicycle & Golf Cart Network Direct to Cook, indirect to Gerald Ford Indirect to Cook, direct to Gerald Ford Direct to Cook, indirect to Gerald Ford CV Link from Cook,from Cook,N/A CSUSB Palm Desert Campus Connection Not aligned Alignment with primary axis Alignment with primary axis Acrisure Arena Cook Street 1.70mi Cook Street 1.96 mi Cook Street 2.24 mi Ped Bridge .90 mi Ped Bridge .61 mi Ped Bridge .29 mi Site Suitability C1 C2 C3 Socioeconomic Impact Transit Oriented Development (TOD) Potential Good Good Good Buildable Area 7.1 acres 4.6 acres 8.2 acres Mixed Use Viability Good Fair Fair Shopping,hospitality, recreation, services, employment and arts and culture. Good Fair Fair Parcel Acquisition / Joint Dev Opportunity Fair Poor Good Parcel Availability Existing Development Plans Existing Development Plans N/A Parcel Cost $$$$$$$$ Highest and Best Use No Yes Yes Joint Development Opportunity Yes N/A N/A Potential Infrastructure Costs High Fair Fair Trackwork, geometry constraints High Low Low Palm Desert Rail Feasibility Study Page 441 of 495 44 Site Prominence C1 C2 C3 Socioeconomic Impact (Continued) Bridge Abutments / RR ROW High Low Low Utilities N/A N/A N/A Controlled intersections 2 1 1 Land Use Compatibility C1 C2 C3 Land Use and Planning Site Adjacencies Good Good Good Town Center Neighborhoods Good Fair Fair Employment District Good Good Good Public Facility / Institutional District Good Good Good CSUSB Interface Fair Good Good Environmental Consequences C1 C2 C3 Environmental Impacts Good Good Good Air Quality (Sand Mitigation)Good Fair Fair Storm Water Management Good Good Good Noise Good Good Fair Biological resources Good Good Good 6.5. COST ESTIMATE Construction of a rail station suitable for the estimated level of traffic and the resort gateway architecture that is needed to provide the visitor experience expected of the Coachella Valley is a significant investment for a local community. The City of Palm Desert plans to partner with state and federal agencies as well as other local agencies and private-sector partners to share the cost of station development, operations, and maintenance so local taxpayers aren’t bearing the full burden of this important part of the regional transportation infrastructure. Section 7 describes some of the funding opportunities that the City is exploring to share station costs. Palm Desert Rail Feasibility Study Page 442 of 495 45 The cost estimates presented here are Rough Order of Magnitude (ROM) or planning level costs with an accuracy range of -25% to +80%. This estimate uses ballpark costing based on professional opinion using limited available conceptual information and the costs to construct similar stations elsewhere in California. Actual construction costs may vary significantly from this estimate depending upon the timing of construction, volatility of material costs, design elements that are chosen as part of the architectural process, etc. The ultimate station concept can be built in phases which will allow the cost to be spread over a longer period of time with some station elements being needed as soon as train service starts, while others will be needed later as station ridership and multimodal connections increase. For example, the parking structure is one of the most expensive parts of the station construction and likely won’t be needed until rail ridership reaches a certain threshold or other shared uses create enough demand that a surface lot can no longer provide the needed capacity. The new Multimodal Transit HUB on a 10-acre site include: ◢Site access and circulation, utilities, and station buildings ◢Two train platforms including a pedestrian overcrossing spanning UPRR ROW with stairs and elevators ◢Sitework including passenger plazas, dedicated bus loop, lighting, and landscape ◢Project also includes TOD site opportunities Total construction costs for the ultimate station design are expected to be around $190 million in 2023 dollars. This includes $13.5 million to build the internal roads and landscaping, $63 million for the ultimate parking structure (assumed 3-levels), $32 million for the platform, access bridge, and passenger plaza, and $13 million for station buildings and signage. An additional $40 million will be needed for design, engineering, and contracting services, and $30 million for contingency costs to account for unexpected challenges or delays. The cost estimate uses the following assumptions: 1. Cost estimate based on year of construction of 2026 2. Construction management and construction administration costs are not included 3. Agency review fees and permit fees are not included. 4. Railroad and track work costs by others 5. Phased construction, multiple contractor, or mobilization costs are not included. In addition to station development, Gerald Ford Drive is currently incomplete and will need to be widened to accommodate 2 lanes in each direction with appropriate turning and intersection control. Similarly, the City will seek partnerships with public and private entities to assist with construction costs. The roadway improvements are expected to cost approximately $41M, including a roundabout at the station entrance. Palm Desert Rail Feasibility Study Page 443 of 495 46 7. POTENTIAL FUNDING SOURCES This section identifies funding programs available for agencies in California from Federal, State, and regional sources and how they can be implemented for transportation infrastructure. Competitive funding resources are available to assist in the development and implementation of rail infrastructure in the City of Palm Desert. The following is a high-level introduction into some of the main funding programs and grants the City of Palm Desert can apply. 7.1. GRANT FUNDING SOURCES Infrastructure and Jobs Act The Infrastructure and Jobs Act is a federal investment for transportation and infrastructure. The investment allocates funds for intermodal transportation system to enhance the nation’s rail network. This investment is to rebuild the nation’s water, road, transit, and broadband systems, grow our economy, and create good-paying jobs. Funding opportunities for infrastructure include: ◢Roads, bridges, and major projects ◢Passenger and freight rail ◢Highway and pedestrian safety ◢Public transit ◢Broadband ◢Ports and waterways ◢Airports ◢Water infrastructure ◢Power and grid reliability and resiliency ◢Resiliency, including funding for coastal resiliency, ecosystem restoration, and weatherization ◢Clean school buses and ferries ◢Electric vehicle charging ◢Addressing legacy pollution by cleaning up Brownfield and Superfund sites and reclaiming abandoned mines ◢Western water infrastructure The Infrastructure and Jobs Act offers opportunities for local governments and communities to secure competitive federal grants and improve infrastructure. Additional information regarding this program at the federal level can be found online at: https://www.phmsa.dot. gov/legislative-mandates/bipartisan-infrastructure-law-bil- infrastructure-investment-and-jobs-act-iija California’s Transit and Intercity Rail Capital Program (TIRCP) Grants from the Greenhouse Gas Reduction Fund to fund transformative capital improvements that will modernize California’s intercity, commuter, and urban rail; bus; and ferry transit systems to significantly reduce emissions of greenhouse gases, vehicle miles traveled, and congestion. Federal Railroad Administration’s Corridor Identification and Development Program A comprehensive intercity passenger rail planning and development program that will help guide intercity passenger rail development throughout the country and create a pipeline of intercity passenger rail projects ready for implementation. Palm Desert Rail Feasibility Study Page 444 of 495 47 Consolidated Rail Infrastructure and Safety Improvements This program funds a wide range of projects that improve the safety, efficiency, and reliability of intercity passenger and freight rail to enhance multimodal connections. This program invests in railroad infrastructure projects that improve safety, support economic growth, develop jobs, increase capacity and supply chain resilience, apply innovative technology, climate change, and equity. Mega Grant for Grade Separations This program supports large, complex projects that are difficult to fund by other means and likely to generate national or regional economic, mobility, or safety benefits. 7.2. VALUE CAPTURE AND OTHER FINANCING MECHANISMS Transportation infrastructure has historically proven to be a catalyst for economic development in the immediate environs of station areas, as well as further throughout the local communities. This circumstance presents the City with an opportunity to utilize available “value capture” funding and financing tools to capture the value of that future economic development and create funding for those infrastructure costs, including initial capital expenditures and maintenance costs, as well as potential funding for related community benefits and amenities. A funding and financing strategy that includes financing districts, monetization of public agency owned assets (e.g., new parking facilities in the station area), grants, and other complementary sources may be well-suited to capture value from new development to fund the targeted infrastructure, as well as related transit-oriented first-/last- mile infrastructure improvements, and even affordable housing in the station area. Consulting team member Kosmont Companies has prepared a Value Capture Feasibility Analysis that estimates approximately $22 million to $94 million in present-value funding capacity from a financing district such as an Enhanced Infrastructure Financing District (EIFD), not including potential complementary funding available from monetization of public assets and grants. The financing district would represent the sustainable, ongoing revenue stream that could directly support initial infrastructure capital expenditures, as well as maintenance of the infrastructure. Part of the overall financing strategy would then be to leverage the capacity of financing districts to increase scoring and priority for other complementary funding, such as state transportation, transit- oriented development, housing, climate resilience grants, and federal transportation and economic development grants, on an opportunistic basis. While the financing district would make the City more competitive for such grants, the grants would also in turn improve the financial viability of the financing district, solving initial cash flow needs while the funding capacity of the financing district builds up. Analysis considered a range of financing district boundary scenarios (i.e., smaller boundaries focused on the immediate environs of the station area versus larger boundaries encapsulating opportunity sites farther from the station), district durations (i.e., 30 years, 45 years), and very importantly, taxing entity partnership scenarios. While a City-only Palm Desert Rail Feasibility Study Page 445 of 495 48 financing district strategy can achieve favorable “return on investment” for the City (e.g., evaluated to be $0.5 to $3.1 million in annual net fiscal revenues), a broader partnership including the County of Riverside, for example, would further improve financial feasibility and funding capacity. Subject to confirmation of other components of rail station feasibility and eventual station site selection, implementation of such a financing strategy would require a series of public meetings and hearings for approval, pursuant to state law. 7.3. FUNDING PARTNERS Due to the significant local and regional benefits of transportation infrastructure, as well as the significant cost associated with such improvements, the funding plan for these projects typically involves myriad partners from the public, private, and non-profit sectors. Based on the consulting team’s similar experience in other communities across the state, county, and internationally, the coalition of funding partners could include, but not be limited to, the following types of organizations: Local Public Agencies ◢Local city (City of Palm Desert) ◢Local county (County of Riverside) ◢Local transportation authority(ies) (e.g., Riverside County Transportation Commission, SunLine Transit Agency) ◢Local association of governments (e.g., Coachella Valley Association of Governments) Local Private Sector and Non-Profit Partners ◢Local landowners and real estate developers ◢Local businesses and visitor destinations (e.g., Acrisure Arena, local hotels, etc.) ◢Affordable housing developers and related partners (e.g., Lift to Rise) ◢Potential private sector infrastructure developers ◢Local educational institutions (e.g., California State University San Bernardino, University of California Riverside, College of the Desert, California Indian Nations College) ◢Local medical institutions (e.g., Kaiser Permanente) ◢Philanthropic individuals and organizations Potential State Grant / Loan Sources ◢State of California Department of Housing and Community Development (HCD) ◢California Department of Transportation (CalTrans) ◢Governor’s Office of Planning and Research (OPR) ◢Strategic Growth Council (SGC) ◢California Infrastructure and Economic Development Bank (IBank) Potential Federal Grant Sources ◢U.S. Department of Transportation (USDOT) ◢U.S. Economic Development Administration (EDA) ◢U.S Environmental Protection Agency (EPA) Palm Desert Rail Feasibility Study Page 446 of 495 49 The form of funding partnership typically varies highly by partner and circumstance, but could include frameworks such as participation in local financing districts (EIFDs, Community Facilities Districts, Tourism Business Improvement Districts), one-time monetary contributions, ongoing allocations of recurring revenues (e.g., sales taxes, transient occupancy taxes, fees), contributions of land, low- cost and/or conduit financing, loan guarantees, support in applications and related pursuit of third-party funding (e.g., grant writing, letters of support), and other means. Palm Desert Rail Feasibility Study Page 447 of 495 50 Palm Desert Rail Feasibility Study 8. CONCLUSION AND NEXT STEPS The existing conditions and public opinion support the addition of a rail station in Palm Desert. As this study progresses into future planning, design, and implementation phases, stakeholder engagement will remain a critical component of the process. Key stakeholders include the City of Palm Desert, CSU San Bernardino, Acrisure Arena, Local Homeowners Associations, SunLine Transit, Greyhound, Amtrak, Metrolink, Union Pacific, and residents of Palm Desert. Additional key stakeholders may be consulted as this project progresses. Further feasibility analysis will be conducted to finalize a location and layout of the station. This may be supported through accompanying projects to improve roads, transit service, and parking at or near the station. In addition, incentives to attract transit-oriented development should be considered to create a greater number of destinations in proximity to the rail station. All funding avenues for the station, and by extension for transit operators, should be considered and scrutinized. This includes, but is not limited to, the local and regional tax base, grants, and value capture. Preliminary engineering and final design plans will also need to be prepared and obtain environmental clearance. Negotiations will also need to be conducted with Union Pacific for construction within the right-of-way, and an operating agreement will need to be developed with rail service providers such as Metrolink and Amtrak. A rail station in Palm Desert will create significant benefits to the City and Coachella Valley region by reducing overall VMT and air pollution, providing an alternative long-distance travel option for non-drivers, and creating opportunities for transit-oriented development and walkable communities. The station will also benefit visitors to Palm Desert and the region through a potential direct connection to the Acrisure Arena, and by providing better access to Palm Desert’s universities, local events, and festivals. While this study represents the collective vision for rail service in the City of Palm Desert, further study and design will refine the proposed improvements in this document. Subsequent phases will ensure the successful implementation of a rail station with regular passenger service to Palm Desert. Page 448 of 495 APPENDIX A: STATION RIDERSHIP DENSITY METHODOLOGY AND RESULTS Page 449 of 495 Palm Desert Rail Station Feasibility Study – Final Report | Appendix A Page A‐1 Appendix A: Station Ridership Density Methodology and Results Introduction: An analysis was conducted to determine the ridership potential along the existing Union Pacific Railroad (UPRR) corridor in the central Coachella Valley. This analysis determined which sections of the rail corridor could potentially serve the most residents, workers and visitors based on nearby land uses. Methodology: The methodology evaluated the number of residents, jobs, and special uses or activities with a half‐mile and three‐mile radius of proposed station locations along the corridor. Data was sourced from the US Census, Longitudinal Employer‐Household Dynamics data, and existing land uses and was examined at the census block level. In order to determine the service potential of each of these census blocks, the following data were obtained for inclusion in the analysis. Population of Census Blocks (from 2020 US Decennial Census) Location of Employment and Number Employed (from 2021 Longitudinal Employer‐Household Dynamics (LEHD) data) Additional “Special Activities” such as Large Gathering Sites (includes Casinos, Theatres/Concert Venues, and Universities/Trade Schools) The information regarding any “special activities” that occur in each block was added based on capacity information obtained from local universities, casinos, and concert venues. A heatmap of the total residents, jobs, and special activities was then generated using the Inverse Distance Weighting (IDW) method in GIS (See Figure 1). The analysis was conducted at half mile intervals along the rail line resulting in 15 total sites. The GIS system counted the number of residents, jobs, and special activity seats that were within 3 miles of each site. It then counted the same information within a half mile of each site. Residents, jobs, and special uses within ½ a mile of the site were weighted at double those that are further out to reflect the increase in potential attraction to the station site. The points representing the station locations were then ranked from 1‐15, with 1 being the segment with the highest number of weighted residents, jobs, and visitors, and 15 being the one with the least, with color coding assigned to each (see Figure 1). Results: The potential station sites ranged from 38,222 weighted residents, jobs, and visitors up to 77,086 weighted residents, jobs, and visitors. The locally preferred site location selected as part of the Palm Desert Rail Station Feasibility Study is located at the number 1‐ranked site. Page 450 of 495 Palm Desert Rail Station Feasibility Study – Final Report | Appendix A Page A‐2 Figure 1: Ridership Potential from Pedestrians and Transit Users Along Rail Corridor in Palm Desert, California Page 451 of 495 LETTERS OF SUPPORT Page 452 of 495 Page 453 of 495 Page 454 of 495 Page 455 of 495 Page 456 of 495 Page 457 of 495 Page 458 of 495 Page 459 of 495 Page 460 of 495 Page 461 of 495 Page 462 of 495 Page 463 of 495 Page 464 of 495 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: April 25, 2024 PREPARED BY: Gary Shaffer, Director of Library Services Anthony J. Mejia, City Clerk REQUEST: INTRODUCTION OF AN ORDINANCE OF THE CITY COUNCIL, AMENDING CHAPTER 2.74 OF THE PALM DESERT MUNICIPAL CODE TO ESTABLISH A PALM DESERT LIBRARY BOARD OF TRUSTEES AND LIBRARY ADVISORY COMMITTEE AND MAKING A FINDING OF EXEMPTION UNDER CEQA RECOMMENDATION: Introduce an Ordinance entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 2.74 OF THE PALM DESERT MUNICIPAL CODE TO ESTABLISH A LIBRARY BOARD OF TRUSTEES AND LIBRARY ADVISORY COMMITTEE, AND MAKING A FINDING OF EXEMPTION UNDER CEQA.” BACKGROUND/ANALYSIS: On October 12, 2023, the City Council adopted Resolution No. 2023 -047 withdrawing from the Riverside County Library System with the intent to establish an independent municipal library. On February 15, 2024, the City Council adopted Ordinance No. 1408 adding Chapter 2.74 to the Palm Desert Municipal Code establishing the Palm Desert Public Library. On March 28, 2024, the City Council conducted a Study Session regarding the formation of a Library Board of Trustees and L ibrary Advisory Committee. The City Council provided initial feedback in support of the City Council, as the Library Board of Trustees, serving as the legislative body responsible for the Library and the creation of a new Library Advisory Committee. The City Council agreed to refer further discussion regarding the responsibilities of the Library Advisory Committee to the City Council Ad Hoc Committee on Boards and Commissions. The Ad Hoc Committee has reviewed the proposed ordinance and recommends approval. Ordinance Highlights Library Board of Trustees (Board) o The City Council shall serve as the Library Board of Trustees with terms running concurrent with their respective terms of office on the City Council. o The Board shall be responsible for fiduciary and administrative oversight and establishing policies and long-term plans for the library. o Board meetings shall be held concurrently with regular City Council meetings, similar to the Housing Authority. Page 465 of 495 City of Palm Desert Library Board of Trustees and Advisory Committee Ordinance Page 2 of 2 Library Advisory Committee (Committee) o The Committee shall be composed of five community members with up to two alternate members (non-voting members). o The Committee may hold monthly regular meetings. o The Committee shall be responsible for: 1) providing input on the programming and space planning; 2) monitoring performance indicators, activities, and outcomes; 3) assisting staff in connecting with community groups and organizations; and 4) other functions as the Board may request. In addition, the Committee shall be subject to Chapter 2.34, Boards, Commissions, Committees, and Task Forces – General Provisions. This chapter addresses the length of terms (4 years), the staggering of initial terms, roles and responsibilities, absences, and resignations. Legal Review: This report has been reviewed by the City Attorney’s office. Environment Review: This action is exempt under CEQA. FINANCIAL IMPACT: There is minimal financial impact associated with the recruitment and interviewing of applicants for the Library Advisory Committee. The City Clerk budget has sufficient funding for these activities. ATTACHMENT: 1. Draft Ordinance Page 466 of 495 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 2.74 OF THE PALM DESERT MUNICIPAL CODE TO ESTABLISH A PALM DESERT LIBRARY BOARD OF TRUSTEES AND LIBRARY ADVISORY COMMITTEE City Attorney’s Summary The purpose of this ordinance is to amend the Palm Desert Municipal Code to establish the City Council as the Library Board of Trustees and establishing a Library Advisory Committee. WHEREAS, pursuant to Resolution No. 2023-047, as of July 1, 2024, or upon transfer of property, whichever is later, that City of Palm Desert will withdraw from the Riverside County Library System (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 Palm Desert Charter and Article XI, Section 5 of the California Constitution; and WHEREAS, for the efficient operation and management of the Palm Desert Public Library, it is the desire of the City Council to serve as the Library Board of Trustees and establish a Library Advisory Committee. THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Recitals. The recitals above are each incorporated by reference and adopted as findings of the City Council. SECTION 2. Amendment to Municipal Code. The Palm Desert Municipal Code Chapter 2.74, Public Library, is hereby amended to read as follows: Section 2.74.060 Library Board of Trustees A. Established. The Library Board of Trustees (“Board”) is hereby established and shall serve as the legislative body responsible for the fiduciary and administrative oversight and establishing policies and long-term plans for the library. The faithful implementation of the policies adopted by the board shall be the responsibility of the city employees assigned to the library. Page 467 of 495 Ordinance No. _____ Page 2 B. Members. The Board shall consist of the five members of the City Council. The Board Members shall individually hold office for a term which coincides with their respective terms of office on the City Council. C. Meetings. Regular meetings of the Board shall be held concurrently with the regular City Council meeting. Special meetings may be held from time to time as neces sary and in accordance with the Ralph M. Brown Act. Section 2.74.070 Library Advisory Committee A. Established. A Library Advisory Committee (“Committee”) is hereby established for the City of Palm Desert. The provisions set forth in Chapter 2.34 of this code shall apply to this Committee, except as otherwise required by state law. If there is any conflict between this chapter and Chapter 2.34 of this code, the provisions of this chapter shall control. B. Purpose. The Committee shall advise and provide input to the Board relative to programming and space planning; monitor performance indicators, activities, and outcomes; assist staff in connecting with community groups and organizations; and such other functions as the Library Board of Trustees may request. C. Members. The Committee shall be comprised of five community members and up to two alternate members. D. Meetings. The Committee may hold monthly regular meetings at such date, time, and place as set by Committee resolution or minute order. Page 468 of 495 Ordinance No. _____ Page 3 E. Responsibilities. The Committee has the following responsibilities: 1. Provide input on programming and space planning; 2. Monitor performance indicators, activities, and outcomes; 3. Assist staff in connecting with community groups and organizations; and 4. Other functions as the Library Board of Trustees may request. Section 3. Severability. If any section, subsection, clause or phrase of this Ordinance or any part thereof is for any reason held to be invalid, unconstitutional, or unenforceable by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of the Ordinance. The City Council declares that it would have passed each section, subsection, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause or phrase would be declared invalid, unconstitutional or unenforceable. SECTION 4. Publication. The City Clerk of the City of Palm Desert, California, is hereby directed to publish a summary of this Ordinance in the Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effective thirty (30) days after its adoption. ADOPTED ON ___________________, 2024. KARINA QUINTANILLA MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK Page 469 of 495 Ordinance No. _____ Page 4 I, Anthony J. Mejia, City Clerk of the City of Palm Desert, California, do hereby certify that Ordinance No. ____ is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Desert City Council on _________, 2024, and adopted at a regular meeting of the City Council held on __________, 20 24, 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 470 of 495 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: April 25, 2024 PREPARED BY: Randy Chavez, Deputy Director of Public Works REQUEST: APPROVE RECOMMENDATIONS FOR THE UNIVERSITY DOG PARK PARKING AND THE EL PASEO MID-BLOCK CROSSWALKS RECOMMENDATION: 1. Approve additional street parking and a standard crosswalk with a Rectangular Rapid Flashing Beacon (RRFB) system on University Park Drive. 2. Approve the replacement of three RRFB systems at mid-block crosswalks on El Paseo and Larkspur Lane. 3. Approve two new mid-block crosswalks with RRFB systems on El Paseo. 4. Approve asphalt finish with decorative art on all five mid-block crosswalks. 5. Authorize the removal of multi-colored decorative crosswalk painting. BACKGROUND/ANALYSIS: On March 14, 2024, the City Council held a study session to discuss two items, including parking at University Dog Park and existing and proposed two additional mid-block crosswalks on El Paseo. In addition, staff have since held an Active Transportation Program (ATP) Subcommittee meeting to present additional information and seek clarification and direction. The following recommendations are a direct outcome of the discussions held during these sessions. University Dog Park At University Dog Park, there are 13 parking spaces, with 2 designated for ADA use. This limited parking availability poses challenges for residents and visitors, especially during peak times. At the study session, three alternatives were presented to the City Council to address parking concerns. Those alternatives are outlined in the table below. University Dog Park: Parking Alternatives Location Alternatives New Spaces Cost Per Space Total Alternative 1: Parking Pocket Build new parking pocket to accommodate additional parking spaces 8 $88,800 $710,000 Alternative 2: Parking Area Build new parking area above park to accommodate parking spaces 34 $62,900 $2,140,000 Alternative 3A: Street Parking (Raised Crosswalk) Remove existing median & bike lane, construct crosswalk with RRFB, & divert bike lane into sidewalk to accommodate parking spaces on both sides of street 42 $16,500 $694,000 Alternative 3B: Street Parking (Striped Crosswalk) Remove existing median & bike lane, construct crosswalk with RRFB, & divert bike lane into sidewalk to accommodate parking spaces on both sides of street 42 $10,500 $440,000 Page 471 of 495 City of Palm Desert (University Dog Park and El Paseo Mid-block Crosswalks) Page 2 of 3 Staff recommends Alternative 3B: Street Parking (Striped Crosswalk), given a raised crosswalk is not recommended at this location due to the speed limit of 35 MPH on University Park Drive. El Paseo Mid-block Crosswalks – Existing Locations There are currently three raised mid-block crosswalks locations, with two situated along El Paseo and one on Larkspur Lane. At the study session, the City Council discussed the replacement of three RRFB systems to rectify equipment issues. In addition, to address ADA issues, the City Council discussed constructing a raised sidewalk bulb-out along the mid-block crosswalk at Larkspur Lane. The estimated costs are detailed in the table provided below. Existing Mid-block Crosswalks Location Scope Cost El Paseo (San Pablo Avenue to Larkspur Lane) Retain existing raised crosswalk Replace RRFB system Asphalt with decorative finish $164,000 El Paseo (Larkspur Lane to San Luis Rey Avenue) Retain existing raised crosswalk Replace RRFB system Asphalt with decorative finish $164,000 Larkspur Lane (El Paseo & Shadow Mountain Drive) Construct a raised sidewalk bulb- out on east side & west sides Replace RRFB system Asphalt with decorative finish $274,000 Total: $602,000 Staff recommends replacing the RRFB systems at the three locations above, along with constructing the raised sidewalk bulb-outs along Larkspur Lane. El Paseo Mid-block Crosswalks – New Locations Staff was previously directed to study the potential for new raised mid-block crosswalks along El Paseo. The proposed locations along El Paseo include 1) between Ocotillo Drive and Sage Lane, 2) between Sage Lane and Lupine Lane, and 3) between Lupine Lane and San Pablo Avenue. The estimated costs are detailed in the table below. New Mid-block Crosswalks Location Scope Cost El Paseo (Ocotillo Drive to Sage Lane) Construct raised crosswalk w/RRFBs $504,000 El Paseo (Sage Lane to Lupine Lane) Construct raised crosswalk w/RRFBs $504,000 El Paseo (Lupine Lane to San Pablo Avenue) * Construct raised crosswalk w/RRFBs N/A Total: $1,008,000 * Not recommended Staff recommends adding the raised crosswalks with the RRFB systems at the two new locations above, along with constructing the raised sidewalk bulb-outs along Larkspur Lane. The crosswalk between Lupine Lane and San Pablo is not recommended due to the short distance between street blocks and drive approaches. Page 472 of 495 City of Palm Desert (University Dog Park and El Paseo Mid-block Crosswalks) Page 3 of 3 Mid-block Crosswalk Finishes – Asphalt with Decorative Art Following the study session, staff further consulted engineering staff to discuss the finished materials for the raised mid-block crosswalks. Upon further examination, staff adjusted its recommendation to feature an asphalt finish with decorative art at each location. This revised recommendation was influenced by maintenance considerations, particularly regarding concerns arising where concrete meets asphalt. Staff communicated these concerns and the revised recommendation with the ATP Subcommittee, who concurred with the approach. The cost for asphalt with decorative art is approximately $34,000 per location and included in the costs above. Note the decorative design options have not yet to be determined and will be presented at a later date. Finally, staff anticipates the mid -block crosswalks improvements will be completed in summer 2024, corresponding with the re-paving of El Paseo. Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: The total cost of the recommended action items is estimated at $3,000,000. Staff will request approval for construction of both projects at a future meeting(s). Funding for the El Paseo Mid- Block Crossings Project was included in the approved Capital Improvement Project (CIP) List for Fiscal Year (FY) 2023-24 and FY 2024-25. The University Dog Park Parking Project has been included in the proposed CIP List for FY 2024-25. Project Funding Source Fiscal Year Description Project Budget El Paseo Mid-Block Crossings 4514679-5000102 2023-24 Construction $500,000 2134311-4332000 Construction $750,000 2134311-4332000 2024-25 Construction $1,000,000 University Dog Park On-Site Parking Improvements 4004618-4400100 2024-25 Construction $750,000 Total $3,000,000 The remaining funds for both projects will be available for future project enhancements including, but not limited to, replacement equipment, maintenance, and other measures aimed at improving safety and accessibility. ATTACHMENTS: 1. Presentation Page 473 of 495 Page 474 of 495 University Dog Park: Parking Study April 25, 2024 Page 475 of 495 Why Study Parking? Initially developed as a neighborhood park Residential growth in North Sphere has increased demand on park space & parking 5,800 additional homes in development Resident requests to increase parking 13 parking spaces On-street parking prohibited Explore options to increase parking Page 476 of 495 Recommendation: Street Parking Remove raised median on University Drive (Baylor Way & College Drive) Remove Class II bike lane & divert bicycle traffic to sidewalk Realign travel lanes to accommodate left & right turns (College Drive) Provides 42 additional parking spaces Construct mid-block crosswalk with Rectangular Rapid Flashing Beacon (RRFB) Cost: $440,000 (striped) –$10,500 per space Page 477 of 495 El Paseo Raised Mid-block Crossings Page 478 of 495 Why Study Raised Crosswalks? Why study raised crosswalks on El Paseo? El Paseo merchants requested the City to explore additional mid-block raised crosswalks on El Paseo What locations are apart of the study? 3 existing locations 3 new locations Page 479 of 495 Recommendations: Existing Raised Crosswalks Keep 3 existing raised crosswalks El Paseo (San Pablo & Larkspur) El Paseo (Larkspur & San Luis Rey) Larkspur Lane (El Paseo & Shadow Mountain) Replace RRFB units (Rectangular Rapid Flashing Beacons) Asphalt with decorative finish Construct a sidewalk bulb-out (Larkspur Lane) Total Cost: $602,000 Page 480 of 495 Recommendations: New Raised Crosswalks Install 2 new raised crosswalks El Paseo (Ocotillo Drive to Sage Lane) El Paseo (Larkspur & San Luis Rey) Includes RRFB units (Rectangular Rapid Flashing Beacons) Asphalt with decorative finish Total Cost: $1,008,000 Page 481 of 495 Questions Page 482 of 495 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: April 25, 2024 PREPARED BY: Carlos Flores, AICP, Principal Planner REQUEST: CONSIDER MAKING A FINDING OF EXEMPTION UNDER CEQA AND APPROVE A STREET VACATION OF AN 8,582 SQUARE FOOT PORTION OF SHADOW LAKE DRIVE IN FAVOR OF A PROPERTY AT 73745 SHADOW LAKE DRIVE RECOMMENDATION: Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, MAKING A FINDING OF EXEMPTION UNDER CEQA AND APPROVING A PROPOSED STREET VACATION OF AN 8,582 SQUARE FOOT PORTION OF SHADOW LAKE DRIVE IN FAVOR OF A PROPERTY AT 73745 SHADOW LAKE DRIVE IS CONSISTENT WITH THE CITY OF PALM DESERT GENERAL PLAN (APNS: 627 -342- 001).” BACKGROUND/ANALYSIS: Gordon German (Owner/Applicant) has filed Street Vacation 23 -0008 (Vacation) to vacate an 8,852 square foot (sf) portion of Shadow Lake Drive adjacent to an existing single family residential property at 73745 Shadow Lake Dri ve. Chapter 3, Part 3, Division 9 of the Streets and Highway Code allows for Street Vacation proceedings to be initiated by the City Council. Legal Review: This report has been reviewed by the City Attorney’s office. Planning Commission Recommendation: California Government Code Section 65402 requires that prior to streets being vacated by the City Council, the Planning Commission make a finding that the proposed vacation is consistent with the City’s General Plan. On March 19, 2024, the City of Palm Desert Planning Commission adopted Resolution No. 2860 finding this request to be consistent with the Palm Desert General Plan. Project Description: The proposed Vacation area off Shadow Lake Drive was dedicated for public use as part of Lot F in the Shadow Mountain Park Estates, Unit No. 1, as shown on a map recorded in Book 28 at Pages 18 and 19 of maps in the office of the County Recorder for Riverside County, California. The Vacation area has remained vacant and unimproved since recordation, with no phys ical improvements existing or planned. The area has an existing drainage easement reserved to the City of Palm Desert and a sanitation easement reserved to the Coachella Valley Water District. The Vacation proposes the 8,582 sf to be vacated in favor of 73745 Shadow Lake Drive, which has an existing single family residential home. If approved, the Owner would be able to construct Page 483 of 495 City of Palm Desert ST23-0008 SHADOW LAKE DR VACATION________________________________________ Page 2 of 3 structures further west into the existing vacant and unimproved area. The Owner’s property line would be further west, allowing for structures to be constructed further west and still meet side yard setback requirements. The Owner is seeking this approval to build accessory structures and/or add to the primary dwelling in the future, in addition to improving the area, which would otherwise be left vacant and unimproved. The Vacation would reserve a 3,316 sf drainage easement to the City of Palm Desert and a 20’ wide CVWD Sanitation easement throughout the site. All new construction for 73745 Shadow Lake Drive would be subject to th e PDMC development standards. As shown below in Table 1, the existing property is designated as residential within the City’s General Plan and surrounded by residential designations. The vacation would allow for expansion of existing residential uses adjacent to other residential properties. Table 1 – General Plan Land Use Designation Property Site Existing Land use General Plan Land Use Designation 73745 Shadow Lake Drive Existing Residential Conventional Suburban Neighborhood North Existing Residential Small Town Neighborhood South Existing Residential Golf Course & Resort Neighborhood East Existing Residential Conventional Suburban Neighborhood West Existing Residential Golf Course & Resort Neighborhood The proposed Vacation is consistent with the City of Palm Desert General Plan goals and policies relating to land use and mobility. The General Plan Land Use Element promotes having complete neighborhoods, conventional neighborhood design, appropriate roadway scale, and encouragement of infill neighborhoods. The General Plan Mobility Element envisions an interconnected multi-modal transportation system that promotes livable streets and ongoing monitoring of the transportation facilities. The proposed Vacation area is not needed for street purposes, is unnecessary for present or prospective public use, and can be conveyed to the adjacent property owner without compromising the operational capacity of the roadway. Environment Review: City staff has reviewed the project in accordance with CEQA and recommends that the Project is exempt from environmental review pursuant to Class 1, Section 15301 – Existing Facilities. This Section pertains to existing highways and streets and this projec t can be found that the vacation of the subject right of way will not result in a direct or reasonably foreseeable indirect physical change in the environment. Therefore, no further environmental review is required under CEQA and a notice of exemption may be adopted. Public Review Pursuant to Sections 8322 and 8323 of the California Streets and Highways Code, due notice of the public hearing was given including: A public hearing notice for this item was published in the Desert Sun on April 12, 2024, distributed to property owners within 300 feet of the project site, and three (3) notices were posted along the line of the street to be vacated . No comments have been received from the public as of the date of publishing this report. Page 484 of 495 City of Palm Desert ST23-0008 SHADOW LAKE DR VACATION________________________________________ Page 3 of 3 FINANCIAL IMPACT: None ATTACHMENTS: 1. Draft Resolution 2. Street Vacation Plans (Exhibit A and B of the resolution) 3. Public Hearing Notice Page 485 of 495 Page 486 of 495 RESOLUTION NO. ____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, MAKING A FINDING OF EXEMPTION UNDER CEQA AND APPROVING A PROPOSED STREET VACATION OF AN 8,582 SQUARE FOOT PORTION OF SHADOW LAKE DRIVE IN FAVOR OF A PROPERTY AT 73745 SHADOW LAKE DRIVE IS CONSISTENT WITH THE CITY OF PALM DESERT GENERAL PLAN (APNS: 627-342-001) CASE NOS. ST23-0008 WHEREAS, Gordon German, the owner of the property located at 73745 Shadow Lake Drive, did submit a request for a street vacation to vacate an 8,582 square foot portion of Shadow Lake Drive adjacent to 73745 Shadow Lake Drive; and WHEREAS, the Project site (73745 Shadow Lake Drive) has a land use designation of Conventional Suburban Neighborhood in the General Plan adopted on November 10, 2016; and WHEREAS, under Section 21067 of the Public Resources Code, Section 15367 of the State California Environmental Quality Act (CEQA) Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) and the City of Palm Desert’s (“City’s”) Local CEQA Guidelines, the City is the lead agency for the Project; and WHEREAS, pursuant to the requirements of the CEQA, the State Guidelines for Implementation of CEQA (State CEQA Guidelines) and the City of Palm Desert CEQA Implementation Requirements, the City of Palm Desert Development Services Department has determined that the Project will not have a significant impact on the environment and that the Project is exempt under Section 15301(c) – Class 1, Existing Facilities; therefore, no further environmental review is necessary; and WHEREAS, street vacation proceedings may be initiated by the City Council or may act on a petition or request of an interested person, pursuant to Chapter 3, Part 3, Division 9 of the Streets and Highways Code; and WHEREAS, California Government Code Section 65402 requires that prior to the streets being vacated by the City Council, the Planning Commission shall make a finding that the proposed street vacation is consistent with the City’s General Plan; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 19th day of March 2024, consider the request for street vacation identified above and adopt Planning Commission Resolution 2860 finding the request to be consistent with the Palm Desert General Plan ; and WHEREAS, pursuant to Sections 8322 and 8323 of the California Streets and Highways Code, due notice of the public hearing was given; WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred; and Page 487 of 495 CITY COUNCIL RESOLUTION 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: SECTION 1. Recitals. The City Council hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution. SECTION 2. Findings for Street Vacation. Under Chapter 3, Part 3, Division 9 of the California Streets and Highways Code, the City Council hereby finds: 1. The proposed street vacation conforms with the City of Palm Desert General Plan. The proposed street vacation is consistent with the City of Palm Desert General Plan, including goals and policies relating to land use and mobility. 2. The proposed street vacation will have no environmental effects that adversely impact the public safety or welfare. 3. The portion of right of way being vacated is unnecessary for present or prospective public use. SECTION 3. Project Approval. The City Council finds that the proposed street vacation of a 8,852 square foot portion of Shadow Lake Drive adjacent to 73745 Shadow Lake Drive legally described in Exhibit A and depicted in Exhibit B, attached hereto is consistent with the General Plan. ADOPTED ON ________________, 20__. Karina Quintanilla MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK Page 488 of 495 CITY COUNCIL RESOLUTION 3 I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2022-__ is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on _______________________, by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSED: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ______________, 2024. ANTHONY J. MEJIA CITY CLERK Page 489 of 495 CITY COUNCIL RESOLUTION 4 Page 490 of 495 APPROVED TY 02/20/2024 Page 491 of 495 APPROVED TY 02/20/2024 Page 492 of 495 APPROVED TY 02/20/2024 Page 493 of 495 Page 494 of 495 C I T Y O F P A L M D E S E R T 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760-346-0611 PLANNING@PALMDESERT.GOV CITY OF PALM DESERT PUBLIC HEARING NOTICE CASE NO. ST23-0008 NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, TO CONSIDER ADOPTING A NOTICE OF EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVE A STREET VACATION OF AN 8,582 SQUARE FOOT PORTION OF SHADOW LAKE DRIVE IN FAVOR OF A PROPERTY AT 73745 SHADOW LAKE DRIVE The City of Palm Desert (City), in its capacity as the Lead Agency for this project and pursuant to the California Environmental Quality Act (CEQA), has determined the project to be exempt from further environmental review pursuant to CEQA Guidelines Section 15301, Existing Facilities. PROJECT LOCATION: 73745 Shadow Lake Drive in the City of Palm Desert, located in Riverside County. Assessor’s Parcel Numbers 627-342-001 PROJECT DESCRIPTION: The consideration is a request to vacate an 8,582 square foot portion of public right of way in favor of 73745 Shadow Lake Drive, which has an existing single family residential home. PLANNING COMMISSION RECOMMENDATION: On March 19, 2024, the City of Palm Desert Planning Commission adopted Resolution No. 2860 finding this request to be consistent with the Palm Desert General Plan. PUBLIC HEARING: NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Desert, California, will hold a Public Hearing on Thursday, April 25, 2024. The City Council meeting begins at 4:00 p.m. in the Council Chamber at 73510 Fred Waring Drive, Palm Desert, California. Pursuant to Assembly Bill 2449, this meeting may be conducted as a hybrid meeting, allowing public access via teleconference or in person. Options for remote participation will be listed on the Posted Agenda for the meeting at: https://www.palmdesert.gov/connect/city-council REVIEW OF PROJECT INFORMATION: Information concerning the proposed Street Vacation 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 City Council Meetings | City of Palm Desert 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: THE DESERT SUN ANTHONY J. MEJIA, MMC, CITY CLERK APRIL 12, 2024 CITY OF PALM DESERT, CALIFORNIA Page 495 of 495