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Agenda Package - Palm Desert City Council - Regular Meeting_Oct10_2024
PALM DESERT CITY COUNCIL MEETING AGENDA Thursday, October 10, 2024 3:30 p.m. Closed Session; 4:00 p.m. Regular Session 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, Palm Desert Housing Authority and the Palm Desert Board of Library Trustees. 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: CityClerk@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 City Clerk to announce your name/phone number. Press *6 to unmute your line and limit your comments to three minutes. 3. Pages 1.CALL TO ORDER - CLOSED SESSION - 3:30 P.M. 2.PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY This time has been set aside for members of the public to address the City Council on items contained only on the Closed Session Agenda within the three- minute time limit. Speakers may utilize one of the three options listed on the first page of this agenda. 3.RECESS TO CLOSED SESSION 4.CLOSED SESSION AGENDA The following items will be considered in closed session: 4.a Closed Session Meeting Minutes: September 12, 2024 4.b Conference with Real Property Negotiations pursuant to Government Code Section 54956.8 4.b.1 Property Description: 73710 Fred Waring Drive, Suite 205 Agency: City of Palm Desert City Negotiator: Todd Hileman/Chris Escobedo/Eric Ceja Negotiating Parties: Storyliving by Disney 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 PRESENTATION: COLLEGE OF THE DESERT CAPITAL PROJECTS AND INSTRUCTIONAL PROGRAMS 10.CITY MANAGER COMMENTS 10.a UPDATE ON PALM DESERT IHUB 11.MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION 12.NONAGENDA PUBLIC COMMENTS This time has been set aside for the public to address the City Council on issues that are not on the agenda for up to three minutes. Speakers may utilize one of the three options listed on the first page of the agenda. Because the Brown Act does not allow the City Council to act on items not listed on the agenda, members may briefly respond or refer the matter to staff for a report and recommendation at a future meeting. Palm Desert City Council Meeting Agenda October 10, 2024 2 13.CONSENT CALENDAR All matters listed on the Consent Calendar are considered routine and may be approved by one motion. The public may comment on any items on the Consent Agenda within the three-minute time limit. Individual items may be removed by the City Council for a separate discussion. RECOMMENDATION: To approve the consent calendar as presented. 13.a APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES 9 RECOMMENDATION: Approve the Minutes of September 26, 2024. 13.b APPROVAL OF WARRANT REGISTERS 21 RECOMMENDATION: Approve the warrant registers issued for the period 8/30/2024 to 9/19/2024. 13.c RECEIVE AND FILE APPLICATIONS FOR ALCOHOLIC BEVERAGE LICENSES 41 RECOMMENDATION: Receive and file the application for Alcoholic Beverage License for: 1918 Winter Street ABS, LLC (Albertsons #0567) - 42095 Washington Street, Palm Desert 13.d AWARD A CONTRACT TO SOUTHERN PACIFIC CONSTRUCTION FOR THE FIRE STATION 67 RESTROOM RENOVATION (PROJECT NO. MFA00030) 45 RECOMMENDATION: Award a contract to Southern Pacific Construction, of Temecula, California, in the amount of $276,940.87, plus a $30,000 contingency, for the Fire Station 67 Restroom Renovation. 1. Authorize the City Attorney to make necessary nonmonetary changes to the contract. 2. Authorize the City Manager to execute the contract and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code. 3. Authorize the City Manager to execute the Notice of Completion (NOC) and the City Clerk to file the NOC upon satisfactory completion of the project. 4. Palm Desert City Council Meeting Agenda October 10, 2024 3 13.e AWARD DESIGN CONTRACT TO TKE ENGINEERING, INC., FOR WALK AND ROLL PD PHASE 3 - PEDESTRIAN IMPROVEMENTS 87 RECOMMENDATION: Award a contract to TKE Engineering, Inc., of Riverside, California, in the amount of $360,700 for design of the Walk and Roll PD - Phase 3 Pedestrian Improvements Project (CST00002), plus a 10% contingency for unforeseen conditions. 1. Authorize the City Attorney to make necessary nonmonetary changes to the contract. 2. Authorize the City Manager to execute the contract and any written requests for change orders, amendments, and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code. 3. 13.f AWARD CONTRACT TO DBX, INC., OF TEMECULA, CALIFORNIA, FOR THE MARKET PLACE DRIVE AND COOK STREET TRAFFIC SIGNAL IMPROVEMENTS (PROJECT NO. CTS0001) 141 RECOMMENDATION: Award a contract to DBX, Inc., of Temecula, California, in the amount of $464,580, plus a $47,000 contingency, for the Market Place Drive and Cook Street Traffic Signal Improvements. 1. Authorize the City Attorney to make necessary nonmonetary changes to the contract. 2. Authorize the City Manager to execute the agreement and any written requests for change orders up to the contingency amount, amendments, and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code. 3. Authorize the City Manager to execute the Notice of Completion (NOC) and the City Clerk to file the NOC upon satisfactory completion of the Project. 4. 13.g RELEASE MAINTENANCE BOND FOR PM 37512 FOR THE REVEL LOCATED AT 74300 COUNTRY CLUB DRIVE 175 RECOMMENDATION: Release Maintenance Bond in the amount of $5,096.07 for PM 37512 for the Revel located at 74300 Country Club Drive. Palm Desert City Council Meeting Agenda October 10, 2024 4 13.h THIRD AMENDED AND RESTATED DDLA AND ACTIONS RELATED TO THE CONVEYANCE OF THE PARCELS IDENTIFIED AS APN 694-120- 028 AND A PORTION OF 694-120-029 FOR AFFORDABLE HOUSING 181 RECOMMENDATION: Adopt a Resolution (City) entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A THIRD “AMENDED AND RESTATED DISPOSITION, DEVELOPMENT AND LOAN AGREEMENT” REGARDING “PALM VILLAS AT MILLENIUM” AMONG THE CITY, AS LESSOR, THE PALM DESERT HOUSING AUTHORITY, AS LENDER, AND PALM COMMUNITIES, A CALIFORNIA LIMITED PARTNERSHIP, AS LESEE/ BORROWER/ DEVELOPER, IN CONNECTION WITH APPROXIMATELY 10.49 ACRES OF PROPERTY OWNED BY THE CITY, AND TAKING RELATED ACTIONS.” 1. Adopt a Resolution (Housing Authority) entitled, “A RESOLUTION OF THE PALM DESERT HOUSING AUTHORITY APPROVING A THIRD “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 CORPORATION, AS BUYER/ BORROWER/ DEVELOPER, APPROPRIATING FUNDS IN CONNECTION THEREWITH, AND TAKING RELATED ACTIONS.” 2. Authorize Mayor/Chairperson, 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 Third Amended and Restated DDLA. 3. 14.ACTION CALENDAR The public may comment on individual Action Items within the three-minute time limit. Speakers may utilize one of the three options listed on the first page of the agenda. 14.a 2025 CALIFORNIA DESERT PLEIN AIR FESTIVAL FUNDING 243 RECOMMENDATION: Approve funding in the amount of $25,000 for the inaugural California Desert Plein Air Festival. 14.b ADOPT A POLICY FOR NOTIFYING HOMEOWNER ASSOCIATIONS AS PART OF THE BUILDING PERMIT PROCESS 271 RECOMMENDATION: Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A POLICY (DS- 001) FOR NOTIFYING HOMEOWNER ASSOCIATIONS AS PART OF THE BUILDING PERMIT PROCESS.” Palm Desert City Council Meeting Agenda October 10, 2024 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 CONSIDERATION TO APPROVE A PRECISE PLAN AMENDMENT FOR A 1,103-SQUARE-FOOT GUESTHOUSE AT 72240 UPPER WAY WEST 279 RECOMMENDATION: Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), AND APPROVAL OF A HILLSIDE DEVELOPMENT PLAN TO CONSTRUCT A 1,103-SQUARE-FOOT GUESTHOUSE ON A PROPERTY LOCATED AT 72240 UPPER WAY WEST.” 15.b ADOPT SUBSTANTIAL AMENDMENT TO ANNUAL ACTION PLAN FOR PROGRAM YEAR 2020 COMMUNITY DEVELOPMENT BLOCK GRANT 345 RECOMMENDATION: Conduct the public hearing and receive public testimony.1. Adopt the Substantial Amendment to PY 2020 Annual Action Plan.2. Authorize the Director of Finance to appropriate $176,000 to CDBG Program Expenditure Account No. 2204649-4400100, Palma Village Park Capital Project. 3. Approve the Project agreement amendment with the Joslyn Center. 4. 15.c INTRODUCE AN ORDINANCE AMENDING PALM DESERT MUNICIPAL CODE CHAPTER 5.10, SHORT TERM RENTALS - ADOPT A POLICY FOR SHORT-TERM RENTAL HARDSHIP EXTENSIONS FOR THE HILLSIDE PLANNED RESIDENTIAL ZONE, AND MAKE A FINDING OF EXEMPTION UNDER CEQA 397 RECOMMENDATION: Hold a public hearing and introduce an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, UPDATING PALM DESERT MUNICIPAL CODE CHAPTER 5.10, SHORT TERM RENTALS AND MAKING A FINDING OF EXEMPTION UNDER CEQA.” 1. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A POLICY FOR SHORT-TERM RENTAL HARDSHIP EXTENSIONS FOR THE TERMINATION AND AMORTIZATION OF SHORT-TERM RENTALS WITHIN THE HILLSIDE PLANNED RESIDENTIAL (HPR) ZONE.” 2. Palm Desert City Council Meeting Agenda October 10, 2024 6 15.d INTRODUCTION OF AN ORDINANCE TO ADD CHAPTER 12.36 TO TITLE 12 OF THE PALM DESERT MUNICIPAL CODE ESTABLISHING PUBLIC RIGHT-OF-WAY VACATION PROCEDURES AND MAKING A FINDING OF EXEMPTION UNDER CEQA 427 RECOMMENDATION: Introduce an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 12.36 TO THE PALM DESERT MUNICIPAL CODE REGARDING PUBLIC RIGHT-OF-WAY VACATION PROCEDURES AND MAKING A FINDING OF EXEMPTION UNDER CEQA.” 15.e INTRODUCTION OF AN ORDINANCE UPDATING PALM DESERT MUNICIPAL CODE CHAPTER 2.18, BUILDING BOARD OF APPEALS AND MAKING FINDINGS UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) 443 RECOMMENDATION: Hold a public hearing and introduce an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, UPDATING PALM DESERT MUNICIPAL CODE CHAPTER 2.18, BUILDING BOARD OF APPEALS AND MAKING FINDINGS UNDER CEQA.” 15.f ADOPT A RESOLUTION AMENDING THE TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) APPLICABLE TO ALL DEVELOPMENTS IN THE CITY OF PALM DESERT AND FINDING THE ACTION EXEMPT FROM CEQA PURSUANT TO CEQA GUIDELINES SECTION 15378 RECOMMENDATION: Continue the item to a date uncertain. 16.INFORMATION ITEMS 17.ADJOURNMENT Palm Desert City Council Meeting Agenda October 10, 2024 7 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 Palm Desert City Council Meeting Agenda October 10, 2024 8 1 Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment Agency, Housing Authority, and Board of Library Trustees Regular Meeting Minutes September 26, 2024, 4:00 p.m. Present: Mayor Pro Tem Jan Harnik, Councilmember Kathleen Kelly, Councilmember Gina Nestande, Councilmember Evan Trubee, Mayor Karina Quintanilla 1.CALL TO ORDER A Regular Meeting of the Palm Desert City Council was called to order by Mayor Quintanilla on Thursday, September 26, 2024, at 4:00 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 Councilmember Kelly provided words of inspiration. 5.AWARDS, PRESENTATIONS, AND APPOINTMENTS 5.a PROCLAMATION: FIRE PREVENTION AND MINI-MUSTER MONTH Mayor Quintanilla presented a proclamation to the staff of the Historical Society of Palm Desert in honor of Fire Prevention and Mini-Muster Month. 5.b PRESENTATION: CALIFORNIA STATE UNIVERSITY SAN BERNARDINO PRESIDENT TOMAS MORALES California State University, San Bernardino, President Tomas Morales provided an update highlighting the partnership with the City of Palm Desert, the iHub, and the CSUSB Palm Desert campuses, and shared the planned programming and opportunities that would be available now and in the future. 6.CITY MANAGER COMMENTS 6.a PRESENTATION ON CRIME TRENDS AND LAW ENFORCEMENT SERVICE LEVELS Lt. Porras narrated a PowerPoint presentation and responded to City Council inquiries. 9 Palm Desert City Council Meeting Minutes September 26, 2024 2 7. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION Councilmembers reported on their attendance at various meetings and events. Councilmember Kelly noted that there was a petition submitted regarding Hovley Park maintenance and amenities, and responding to question, City Manager Hileman noted that a response had been provided to the resident and the City Council, and was included with the agenda materials as non-agenda public comment. Mayor Quintanilla noted the existence of a Hispanic American Chamber of Commerce in the Coachella Valley, and shared that Hispanic Heritage Month is recognized from mid-September through mid-October. 8. NON-AGENDA PUBLIC COMMENTS Alejandro Veracruz, Palm Desert resident, shared his opinions on candidates running for election to represent Districts 1, 2 and 3. John Yambao stated he took offense to the tone of comments of two speakers at the prior Council meeting who spoke regarding the mayor's demeanor and previous Facebook post relative to the Patriot Store; expressed gratitude for the City Council for their service; and shared his experience at and opinion of the Patriot Store on El Paseo. Brad Anderson, Rancho Mirage resident, encouraged residents to examine the political cycle in Palm Desert and other valley agencies, and spoke in opposition to Measure G. Storm Jenkins, Palm Desert resident, expressed he took exception to the Mayor's comments regarding her Facebook post relative to the Patriot Store, noted he had proposed a resolution to censure the Mayor, encouraged the City Council to place the item on the next agenda for consideration, expressed disappointment that he has not been contacted by any Councilmember to date, and encouraged them to contact him directly for discussion. 9. CONSENT CALENDAR Motion by: Councilmember Kelly Seconded by: Mayor Pro Tem Harnik To approve the consent calendar excluding Items 9c, 9e, 9f, 9i, 9j, 9p and 9s, which were held over for separate discussion. Motion Carried (5 to 0) 9.a APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES Motion by: Councilmember Kelly Seconded by: Mayor Pro Tem Harnik Approve the Minutes of September 12, 2024. Motion Carried (5 to 0) 10 Palm Desert City Council Meeting Minutes September 26, 2024 3 9.b APPROVAL OF WARRANT REGISTERS Motion by: Councilmember Kelly Seconded by: Mayor Pro Tem Harnik Approve the warrant registers issued September 5 - September 13, 2024. Motion Carried (5 to 0) 9.d APPROVAL OF AGREEMENTS NO. C48380 A-Z WITH WORKDAY, INC., RELATED TO THE IMPLEMENTATION OF A NEW ENTERPRISE RESOURCE PLANNING (ERP) SYSTEM Motion by: Councilmember Kelly Seconded by: Mayor Pro Tem Harnik 1. Approve Agreements No. C48380 A-Z with Workday, Inc., for the acquisition and implementation of a new enterprise resource planning system. 2. Appropriate $393,353 to the Information Technology Special Programs Account Number 1104190-4390000 from unobligated General Fund Reserves for implementation, training, and 10% contingency. 3. Authorize the City Attorney to make any necessary nonmonetary changes to the agreements. 4. Authorized the City Manager to execute the agreement, future amendments, and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code. Motion Carried (5 to 0) 9.g RESOLUTION NO. 2024-070 TO ADOPT THE CITY OF PALM DESERT CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT Motion by: Councilmember Kelly Seconded by: Mayor Pro Tem Harnik Adopt Resolution No. 2024-070 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING THE CITY’S CONFLICT OF INTEREST CODE AND REPEALING RESOLUTION 2022-97.” Motion Carried (5 to 0) 11 Palm Desert City Council Meeting Minutes September 26, 2024 4 9.h AWARD CONTRACTS NO. C48400 A-C TO MULTIPLE CONSULTANTS FOR GRANT WRITING AND ADVOCACY SERVICES Motion by: Councilmember Kelly Seconded by: Mayor Pro Tem Harnik 1. Award Contracts No. C48400 A-C to The Criscom Company, Ardurra Group, Inc., and Engineering Solutions Services for the grant writing and advocacy services for an aggregate amount between selected firms, not to exceed $200,000 per fiscal year. 2. Authorize the City Attorney to make any necessary nonmonetary changes to the agreements. 3. Authorize the City Manager to execute the agreements and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code. Motion Carried (5 to 0) 9.k APPROVAL OF THE 2024 PALM DESERT GOLF CART PARADE Motion by: Councilmember Kelly Seconded by: Mayor Pro Tem Harnik 1. Permit the sale, possession, and consumption of alcoholic beverages on Public Property Pursuant to Palm Desert Municipal Code 9.58.040. 2. Waive Palm Desert Municipal Code Section 11.01.140 – Amplified Sound. 3. Authorize the City Manager to execute any documents that may be necessary to facilitate the event. Motion Carried (5 to 0) 9.l HOUSING AUTHORITY RESOLUTIONS NO. HA-125 and HA-126 TO AMEND AND RESTATE THE BYLAWS OF THE PALM DESERT HOUSING AUTHORITY AND PALM DESERT HOUSING COMMISSION Motion by: Councilmember Kelly Seconded by: Mayor Pro Tem Harnik 1. Adopt Resolution No. HA-125 entitled, “A RESOLUTION OF THE PALM DESERT HOUSING AUTHORITY OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING AND RESTATING THE BYLAWS OF THE PALM DESERT HOUSING AUTHORITY.” 2. Adopt Resolution No. HA-126 entitled, “A RESOLUTION OF THE PALM DESERT HOUSING AUTHORITY OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING AND RESTATING THE BYLAWS OF THE PALM DESERT HOUSING COMMISSION.” Motion Carried (5 to 0) 12 Palm Desert City Council Meeting Minutes September 26, 2024 5 9.m RATIFY TKE ENGINEERING, INC., FOR ON-CALL CONSTRUCTION MANAGEMENT SERVICES FOR THE HOUSING AUTHORITY PROPERTIES Motion by: Councilmember Kelly Seconded by: Mayor Pro Tem Harnik 1. Ratify the award of contract to TKE Engineering, Inc., as an additional consultant to the On-Call Construction Management Services contract for the Housing Authority properties in a shared aggregate amount with the City in an amount not to exceed $11,739,394. 2. Authorize the City to administer the contract on behalf of the Housing Authority and authorize the City Manager to execute contract and subsequent task orders. 3. Direct the Directors of Finance, Public Works, and Capital Projects to review annual expenditures and performance of the vendor under this contract. Motion Carried (5 to 0) 9.n REJECT ALL PROPOSALS SUBMITTED FOR COURTESY PATROL SERVICES AT HOUSING AUTHORITY PROPERTIES Motion by: Councilmember Kelly Seconded by: Mayor Pro Tem Harnik 1. Reject all proposals submitted for Courtesy Patrol Services at Palm Desert Housing Authority owned properties. 2. Authorize staff’s request to solicit proposals for camera system installation and off-site monitoring services. Motion Carried (5 to 0) 9.o AUTHORIZE PARTICIPATION AND FUNDING COMMITMENT FOR IMPERIAL IRRIGATION DISTRICT ENERGY PARTNERSHIP TO DEVELOP NEW SUBSTATION Motion by: Councilmember Kelly Seconded by: Mayor Pro Tem Harnik 1. Authorize the City’s participation in the Imperial Irrigation District Energy Partnership for the development of a new substation, including a commitment to funding and reservation of energy capacity, and authorize the City Manager to execute all necessary agreements. 2. Appropriate $950,000 from General Fund reserves and transfer out to Capital Project Budget North Sphere Electric Substation Account 4004258-4400100. Motion Carried (5 to 0) 13 Palm Desert City Council Meeting Minutes September 26, 2024 6 9.q RESOLUTION NO. 2024-071 APPROVING FINAL PARCEL MAP 37234 AND ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT Motion by: Councilmember Kelly Seconded by: Mayor Pro Tem Harnik 1. Adopt Resolution No. 2024-071 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL SUBDIVISION MAP OF PARCEL MAP NO. 37234” 2. Authorize the City Attorney to make necessary nonmonetary changes to the agreement. 3. Authorize the City Manager to execute the Subdivision Improvement Agreement. Motion Carried (5 to 0) 9.r RESOLUTION NO. 2024-072 ADOPTING POLICY CLRK-002: THREATS OF VIOLENCE DIRECTED TOWARDS COUNCIL MEMBERS AND CANDIDATES Motion by: Councilmember Kelly Seconded by: Mayor Pro Tem Harnik Adopt Resolution No. 2024-072 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORIA, ADOPTING POLICY CLRK-002: THREATS OF VIOLENCE DIRECTED TOWARDS COUNCIL MEMBERS AND CANDIDATES.” Motion Carried (5 to 0) 14 Palm Desert City Council Meeting Minutes September 26, 2024 7 CONSENT ITEMS HELD OVER 9.c RESOLUTION NO. 2024-069 TO APPROVE THE ARTIFICIAL TURF/SYNTHETIC GRASS ADMINISTRATIVE POLICY NO. PW-001 The following individuals spoke in opposition to Item 9c, Approval of Artificial Turf/Synthetic Grass Administrative Policy: • Mark Yates, PurchaseGreen representative • Paul Donhauser, Estate Greens founder • Joanne Borchert, PurchaseGreen owner • Brad Anderson, Rancho Mirage resident Management Analyst Breyer provided a staff report and responded to City Council inquiries. Motion by: Councilmember Kelly Seconded by: Mayor Pro Tem Harnik Adopt Resolution No. 2024-069 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING ADMINISTRATIVE POLICY NO. PW-001 TO PROHIBIT THE USE OF ARTIFICAL TURF/SYNTHETIC GRASS IN PUBLIC RIGHTS-OF-WAY.” NOES (2): Councilmember Nestande, and Councilmember Trubee Motion Carried (3 to 2) 9.e UNITE PALM DESERT AUTISM CERTIFICATION REIMBURSEMENT PROGRAM FOR PALM DESERT BUSINESSES Josh Hines, Visit GPS representative, thanked the City Council and staff for bringing the item forward, and expressed his enthusiasm to see the item pass. Economic Development Director Ceja provided a staff report and responded to City Council inquiries. Motion by: Mayor Quintanilla Seconded by: Councilmember Trubee 1. Approve the Unite Palm Desert Autism Certification Reimbursement Program (ACRP). 2. Authorize Director of Finance to transfer $30,000 from the Business Enhancement Program funds to Account No. 4254430-4393000 for the Autism Certification Reimbursement Program (ACRP). 3. Authorize City Manager to execute all documents required to effectuate the program. Motion Carried (5 to 0) 15 Palm Desert City Council Meeting Minutes September 26, 2024 8 9.f AWARD CONTRACTS NO. C48390 A-Z TO MULTIPLE CONSULTANTS FOR ON-CALL TRAFFIC CONSULTING AND DESIGN SERVICES Public Works Deputy Director Chavez provided a staff report and responded to City Council inquiries. Motion by: Councilmember Trubee Seconded by: Councilmember Nestande 1. Award Professional Services Agreements No. C48390 A-Z with multiple consultants for on-call traffic consulting and design services, with an annual aggregate amount not to exceed $1,000,000 (per fiscal year) for a three-year term, with two one-year extension options. 2. Authorize the City Attorney to make necessary nonmonetary changes to the agreements. 3. Authorize the City Manager to execute the agreements and to approve up to two additional one-year terms per contract. Motion Carried (5 to 0) 9.i APPROVAL OF THE UNITE PALM DESERT BUSINESS EMERGENCY ASSISTANCE PROGRAM (BEAP) Economic Development Director Ceja presented a staff report, noted the addition of a criterion that the business be in good standing with the City and in existence for three years, and responded to City Council inquiries. Motion by: Mayor Pro Tem Harnik Seconded by: Councilmember Kelly 1. Approve the Unite Palm Desert Business Emergency Assistance Program (BEAP). 2. Authorize Director of Finance to transfer $100,000 from the Business Enhancement Program funds to Account No. 4254430-4393000 for the Business Emergency Assistance Program (BEAP). 3. Authorize the City Manager to modify evaluation guidelines and criteria for BEAP 4. Authorize City Manager to execute all documents required to effectuate the program. Motion Carried (5 to 0) 16 Palm Desert City Council Meeting Minutes September 26, 2024 9 9.j INFORMATIONAL REPORT ON THE COMPREHENSIVE CLIMATE ACTION PLAN Donald Ziegler, spoke in general support of Item 9j relative to the Comprehensive Climate Action Plan; expressed concern regarding items that were marked "No" on Page 4 of the report (Renewable Energy Generation); and acknowledged that the document is a working draft. Economic Development Deputy Director Lawrence presented a staff report and responded to City Council inquiries. Motion by: Councilmember Nestande Seconded by: Councilmember Trubee Receive and file an update on the Comprehensive Climate Action Plan. Motion Carried (5 to 0) 9.p RATIFY AMENDMENT NOS. 1, 2, AND 3 TO CONTRACT NO. C44200 WITH HERMANN DESIGN GROUP FOR THE DESERT WILLOW GREENS AND TEE BOX RENOVATION AND TURF REDUCTION (MLS00005) Public Works Director Alvarez presented a staff report and responded to City Council inquiries. Motion by: Councilmember Kelly Seconded by: Councilmember Nestande 1. Ratify Amendment Nos. 1, 2, and 3 to Contract No. C44200 with Hermann Design Group for the Desert Willow Greens and Tee Box Renovation and Turf Reduction Project for a total amount of $31,085. 2. Authorize the City Manager to execute the amendment and any documents necessary to effectuate the actions taken herewith. Motion Carried (5 to 0) 9.s STREET SWEEPING UPDATE Public Works Deputy Director Chavez presented a staff report and responded to City Council inquiries. Councilmember Kelly requested a reliable schedule for street sweeping without the need for an app. Motion by: Councilmember Kelly Seconded by: Mayor Pro Tem Harnik Receive and file an update on street sweeping. Motion Carried (5 to 0) 17 Palm Desert City Council Meeting Minutes September 26, 2024 10 10. ACTION CALENDAR 10.a APPROVE AN AFFORDABILITY RESTRICTION AND REGULATORY AGREEMENT (DENSITY BONUS) WITH BRAVO GARDEN APARTMENTS, LLC, INCLUDING A CONCESSION PROVIDING FOR REIMBURSEMENT OF IMPACT FEES FROM THE CITY’S HOUSING MITIGATION FEES Mayor Pro Tem Harnik recused herself, consistent with FPPC Regulation 18707, due to business entity interests in her spouse's corporation, Brian S. Harnik, Inc., and the Roemer and Harnik LLP law firm of which he is a partner. In addition, she recused herself due to a source of income interest in clients of her husband's law firm, which includes Claudio Bravo, a principal of the applicant. Mayor Pro Tem Harnik left the Council Chamber at this time. Senior Grants & Contracts Analyst Barron narrated a PowerPoint presentation and responded to City Council inquiries. Motion by: Councilmember Kelly Seconded by: Councilmember Trubee 1. Adopt Resolution No. 2024-073 entitled, “A RESOLUTION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING (1) AFFORDABILITY RESTRICTIONS AND REGULATORY AGREEMENT (DENSITY BONUS) WITH BRAVO GARDEN APARTMENTS, LLC REGARDING A MULTI- FAMILY RESIDENTIAL DEVELOPMENT WITH 388 TOTAL APARTMENTS, WITH 20% RESTRICTED TO VERY LOW INCOME AND LOW INCOME HOUSEHOLDS; AND (2) A DEVELOPMENT FEE AGREEMENT FOR THE USE OF HOUSING MITIGATION FEES IN AN AMOUNT NOT TO EXCEED $180,000 AS REIMBURSEMENT TO DEVELOPER IN EXCHANGE FOR RESTRICTING 5 UNITS TO QUALIFYING HOUSEHOLDS WITH LOCAL EMPLOYEES.” 2. Approve the Affordability Restriction and Regulatory Agreement by and between the City of Palm Desert and Bravo Garden Apartments, LLC, in accordance with the conditions of approval adopted by Resolution No. 2018-18, for the development of 388 units known as Bravo Garden Apartments, a multifamily rental housing project located at located on Hovley Lane, Palm Desert, California, substantially as to form. 3. Authorize the Development Fee Agreement for the use of Housing Mitigation fees up to $180,000 to reimburse the developer for the fees attributable to five units restricted for occupancy for qualifying residents who work within the Palm Desert city limits. [MOTION CONTINUES ON PAGE 11] 18 Palm Desert City Council Meeting Minutes September 26, 2024 11 [MOTION CONTINUED FROM PAGE 10] 4. Authorize the City Manager or his designee, and/or legal counsel to negotiate and finalize the Agreement, and the documents described in the Agreement or otherwise deemed necessary or proper to effectuate the conditions of approval, with such changes thereto as the City Manager or his designee, in consultation with the City’s legal counsel, may deem appropriate or necessary and consistent with the purposes of the Agreement and conditions of approval, with such approval to be conclusively evidenced by the execution and delivery thereof. 5. Authorize the Mayor and/or City Manager to execute and deliver the finalized Agreement, for and in the name of the City, the Agreement and other documents, as described in Recommendation No. 2, and authorize the City Clerk to record the Agreement. RECUSED (1): Mayor Pro Tem Harnik Motion Carried (4 to 0) Following the vote, Mayor Pro Tem Harnik returned to the Council Chamber. 11. PUBLIC HEARINGS 11.a HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT – PUBLIC HEARING TO RECEIVE PUBLIC COMMENTS ON FISCAL YEAR 2023/24 COMPREHENSIVE ANNUAL PERFORMANCE AND EVALUATION REPORT Mayor Quintanilla opened the public hearing. Senior Grants & Contracts Analyst Barron narrated a PowerPoint presentation and responded to City Council inquiries. Mayor Quintanilla closed the public hearing, there being no member of the public wishing to speak. Motion by: Councilmember Kelly Seconded by: Councilmember Nestande Conduct a public hearing to receive public comments on the City’s Fiscal Year 2023/24 Comprehensive Annual Performance and Evaluation Report. Motion Carried (5 to 0) 12. INFORMATION ITEMS None. 19 Palm Desert City Council Meeting Minutes September 26, 2024 12 13. ADJOURNMENT The City Council adjourned at 5:54 p.m. Respectfully submitted, _________________________ Níamh M. Ortega, CMC Assistant City Clerk/Assistant Secretary _________________________ Anthony J. 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MFA00030) RECOMMENDATION: 1. Award a contract to Southern Pacific Construction, of Temecula, California, in the amount of $276,940.87, plus a $30,000 contingency, for the Fire Station 67 Restroom Renovation. 2. Authorize the City Attorney to make necessary nonmonetary changes to the contract. 3. Authorize the City Manager to execute the contract and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code. 4. Authorize the City Manager to execute the Notice of Completion (NOC) and the City Clerk to file the NOC upon satisfactory completion of the project. BACKGROUND/ANALYSIS: Fire Station 67, located on Mesa View, was constructed in 1980 and provides fire and paramedic emergency services to the south Palm Desert area. The City owns the station and has identified a need to renovate and upgrade the restroom. Current issues include improper sealing of tiled areas and past plumbing issues that have been corrected but compromised the drywall. The renovation will add a shower, water closet, and urinal, increasing the restroom’s capacity from accommodating three personnel to six. Holt Architecture provided the architectural design for the remodel. The renovations are limited to the restrooms The Fire Station 67 Restroom Renovation project was advertised for proposals through the City’s bid management portal, OpenGov, on August 14, 2024. A mandatory pre-bid meeting took place at the station on August 21, 2024, attended by City staff, the architect, and eleven contractors. On September 17, 2024, two proposals were received electronically: Contractor Location Bid Amount Southern Pacific Construction Temecula, California $276,940.87 MBE Construction Beaumont, California $431,255.00 City staff reviewed the bid submissions and determined that Southern Pacific Construction submitted the lowest responsive bid. Following a post-bid interview conducted on September 23, 2024, which included the contractor, City staff , and the architect, it was confirmed that the bid was complete and includes the full scope of work. Therefore, staff recommends awarding the contract Southern Pacific Construction in the amount of $276,940.87. 45 City of Palm Desert Award a Contract to Southern Pacific Construction Page 2 of 2 Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: Funds in the total amount of $1,275,000 for Fire Station Improvements and Tenant Improvements (TI) are included in the approved Fiscal Year 2024-25 Capital Improvement Project (CIP) List under Fire Fund Account No. 2304220-4400100. There is no fiscal impact to the General Fund with this action. The following table provides current budget and costs: Action Budget Costs Balance 2304220-4400100 $1,275,000 FS 71 Reroof C44600 $253,875.00 FS 33 Emerg Generator – TO0010721 $9,654.94 *FS 67 Restroom Renovation $276,940.87 *FS 67 Restroom Reno Contingency $30,000.00 Totals $1,275,000 $570,470.81 $704,529.19 ATTACHMENTS: 1. Southern Pacific Agreement 2. Southern Pacific Bonds 3. Southern Pacific Construction Bid 46 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 10th day of October 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 Southern Pacific Construction, a Sole Proprietorship, with its principal place of business at 33362 Rhine Avenue, Temecula, CA 92592 ("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: Fire Station 67 Restroom Renovation Project Project No. MFA00030 (hereinafter referred to as “the Project”). The scope of work consists of remodeling the fire station restroom to add a shower, a water closet, and a urinal to the current configuration which will increase capacity of the bathroom from three (3) people to six (6) people. 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 90 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 Two Hundred Seventy-Six Thousand Nine Hundred Forty Dollars and Eighty-Seven Cents, ($276,940.87.) 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 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 47 Contract No. ___________ 2 Revised 01-2024 BBK 72500.00001\32374943.1 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 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, 48 Contract No. ___________ 3 Revised 01-2024 BBK 72500.00001\32374943.1 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; (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 Co ntract. Such costs, expenses, and damages shall include all costs, including 49 Contract No. ___________ 4 Revised 01-2024 BBK 72500.00001\32374943.1 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 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: 50 Contract No. ___________ 5 Revised 01-2024 BBK 72500.00001\32374943.1 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. (Reserved) 7. Pollution Liability Insurance. 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 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. 51 Contract No. ___________ 6 Revised 01-2024 BBK 72500.00001\32374943.1 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 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 coverag e 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 52 Contract No. ___________ 7 Revised 01-2024 BBK 72500.00001\32374943.1 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. 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. 53 Contract No. ___________ 8 Revised 01-2024 BBK 72500.00001\32374943.1 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. 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] 54 Contract No. ___________ 9 Revised 01-2024 BBK 72500.00001\32374943.1 SIGNATURE PAGE TO LONG FORM CONSTRUCTION AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND SOUTHERN PACIFIC CONSTRUCTION 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 SOUTHERN PACIFIC CONSTRUCTION, A SOLE PROPRIETORSHIP By: Scott Patterson President 580492 CA Contractors State License (CSLB) Contractor’s License Number and Classification 1000824046 DIR Registration Number (if applicable) City Clerk QC: _____ Contracts QC: _____ Insurance: _____ Initial Review _____ Final Approval _____ Bonds 55 56 Contract No. ___________ Exhibit “C” Revised 11-2-20 BBK 72500.00001\32374915.1 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded to Vendor Name, (hereinafter referred to as the “Contractor”) an agreement for Fire Station 67 Restroom Renovation (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 October 10, 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, Southern Pacific Construction, 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 Two-Hundred Seventy-Six Thousand, Nine Hundred Forty Dollars and Eighty-Seven Cents, ($276,940.87), 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 57 (2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contract or 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] 58 IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20____. (Corporate Seal) Contractor/ Principal By Title (Corporate Seal) Surety By Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________. (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) (Name and Address of Agent or Representative for service of process in California, if different from above) (Telephone number of Surety and Agent or Representative for service of process in California) NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. 59 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 60 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 61 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 October 10, 2024, has awarded to Southern Pacific Construction, hereinafter designated as the “Principal,” a contract for the work described as follows: Fire Station Restroom Renovation 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 October 10, 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 Two-Hundred Seventy-Six Thousand, Nine Hundred Forty Dollars and Eighty-Seven Cents, ($276,940.87) 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 investig ation 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 62 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] 63 IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__. (Corporate Seal) Contractor/ Principal By Title (Corporate Seal) Surety By Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto. NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. 64 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 65 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 66 City of Palm Desert PW - Operations & Maintenance Randy Chavez, Deputy Director 73-510 Fred Waring Drive, Palm Desert, CA 92260 [SOUTHERN PACIFIC CONSTRUCTION] RESPONSE DOCUMENT REPORT IFB No. 2024-IFB-129 Fire Station 67 Restroom Renovation RESPONSE DEADLINE: September 17, 2024 at 5:00 pm Report Generated: Wednesday, September 18, 2024 Southern Pacific Construction Response CONTACT INFORMATION Company: Southern Pacific Construction Email: scott@spcbuild.com Contact: Scott Patterson Address: 33362 Rhine Ave Temecula, CA 92592 Phone: (951) 795-6306 Website: spcbuild.com Submission Date: Sep 17, 2024 12:34 PM (Pacific Time) 67 [SOUTHERN PACIFIC CONSTRUCTION] RESPONSE DOCUMENT REPORT IFB No. 2024-IFB-129 Fire Station 67 Restroom Renovation [SOUTHERN PACIFIC CONSTRUCTION] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Fire Station 67 Restroom Renovation Page 2 ADDENDA CONFIRMATION Addendum #1 Confirmed Aug 27, 2024 8:54 AM by Scott Patterson Addendum #2 Confirmed Sep 9, 2024 12:57 PM by Scott Patterson Addendum #3 Confirmed Sep 9, 2024 12:57 PM by Scott Patterson Addendum #4 Confirmed Sep 12, 2024 2:20 PM by Scott Patterson QUESTIONNAIRE 1. BID ACKNOWLEDGMENT* 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 MFA00030 and in accordance with the accompanying Instructions to Bidders, the undersigned hereby proposes to the City of Palm Desert to furnish all labor, technical and professional services, supervision, materials and equipment, other than materials and equipment specified as furnished by the City of Palm Desert, 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 of Palm Desert 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 of Palm Desert and a third party, whichever is earlier. 68 [SOUTHERN PACIFIC CONSTRUCTION] RESPONSE DOCUMENT REPORT IFB No. 2024-IFB-129 Fire Station 67 Restroom Renovation [SOUTHERN PACIFIC CONSTRUCTION] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Fire Station 67 Restroom Renovation Page 3 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 of Palm Desert 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 of Palm Desert 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. F. The undersigned is hereby representing that it is and will be properly licensed both at the time that it submits a Bid as well 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. 69 [SOUTHERN PACIFIC CONSTRUCTION] RESPONSE DOCUMENT REPORT IFB No. 2024-IFB-129 Fire Station 67 Restroom Renovation [SOUTHERN PACIFIC CONSTRUCTION] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Fire Station 67 Restroom Renovation Page 4 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 of 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 of Palm Desert 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. If the Contract Documents specify Alternate Bid items, the City of Palm Desert can choose to include any, all, or none of the Alternate Bid items in the Work. If the City of Palm Desert 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 of Palm Desert 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. 70 [SOUTHERN PACIFIC CONSTRUCTION] RESPONSE DOCUMENT REPORT IFB No. 2024-IFB-129 Fire Station 67 Restroom Renovation [SOUTHERN PACIFIC CONSTRUCTION] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Fire Station 67 Restroom Renovation Page 5 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. Maloney & Associates Click to Verify Value will be copied to clipboard 6. DESIGNATION OF SUBCONTRACTORS* Please download the below documents, complete, and upload. DESIGNATION_OF_SUBCONTRACTO... DESIGNATION_OF_SUBCONTRACTORS.pdf Copy_of_PDFS_#67_Remodel_Fee_schedule..pdf 7. BIDDER INFORMATION AND EXPERIENCE FORM* Please download the below documents, complete, and upload. BIDDER_INFORMATION_AND_EXPE... BIDDER_INFORMATION_AND_EXPERIENCE_FORM.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, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, 71 [SOUTHERN PACIFIC CONSTRUCTION] RESPONSE DOCUMENT REPORT IFB No. 2024-IFB-129 Fire Station 67 Restroom Renovation [SOUTHERN PACIFIC CONSTRUCTION] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Fire Station 67 Restroom Renovation Page 6 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, directly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder. 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. tion 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 sections 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. 72 [SOUTHERN PACIFIC CONSTRUCTION] RESPONSE DOCUMENT REPORT IFB No. 2024-IFB-129 Fire Station 67 Restroom Renovation [SOUTHERN PACIFIC CONSTRUCTION] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Fire Station 67 Restroom Renovation Page 7 Confirmed 10. 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. 1000824046 Click to Verify Value will be copied to clipboard 11. Enter your valid CA Contractors State License Board (CSLB) number* Please enter your License Number here. This will be verified against the state database. 580492 Click to Verify Value will be copied to clipboard 12. CONT I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability f 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 13. Fleet Compliance Certification* ies, rules and regulations and are familiar with the I hereby certify, subject to penalty for perjury, that the option checke The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto. 73 [SOUTHERN PACIFIC CONSTRUCTION] RESPONSE DOCUMENT REPORT IFB No. 2024-IFB-129 Fire Station 67 Restroom Renovation [SOUTHERN PACIFIC CONSTRUCTION] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Fire Station 67 Restroom Renovation Page 8 14. Fleet Compliance Documentation* Please attach supporting documentation for the selection made in the above item. We_do_not_have_fleet_vehicles.pdf 15. Type of Business* Sole Proprietor/Individual 16. Type your Legal Company Name Here* State your Company's Name Here. This will be verified against the California Secretary of State's Website. Southern Pacific Construction Click to Verify Value will be copied to clipboard 17. 6 18. 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 Scott Patterson President 33362 Rhine Ave, Temecula, CA 92592 74 [SOUTHERN PACIFIC CONSTRUCTION] RESPONSE DOCUMENT REPORT IFB No. 2024-IFB-129 Fire Station 67 Restroom Renovation [SOUTHERN PACIFIC CONSTRUCTION] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Fire Station 67 Restroom Renovation Page 9 scott@spcbuild.com 951-795-6306 19. Nondiscrimination Certification* The City of Palm Desert is committed to promoting equal opportunity in its contracting activities. We ensure that all individuals seeking to do business with the city treat contractors, subcontractors, and employees fairly, without discrimination based on race, color, religion, ancestry, national origin, disability, medical condition, marital status, domestic partner status, sex, gender, gender identity, gender expression, sexual orientation, or membership in any other protected class. before contract award. No contract will be awarded until the contractor submits this certification. By clicking the confirmation box below, the vendor certifies that they have read the code and agree to comply with its requirements. Failure to comply may result in termination of any agreement entered into with the vendor. Confirmed 75 DESIGNATION OF SUBCONTRACTORS The subcontractor(s) listed below will perform work or labor or render service to the contractor in or about the construction of the work or improvement, or are subcontractors licensed by the State of California who will, under subcontract to the contractor, specially fabricate and install a portion of the work or improvement according to detailed drawings contained in the Contract Documents, in an amount in excess of one- Notwithstanding the foregoing, if the work involves the construction of streets and highways, then the Bidder shall list each subcontractor who will perform work or labor or render service to the Bidder in or about the work in an amount in excess of one-half of one percent (0.5%) of the provide the below requested information. In compliance with the Subletting and Subcontracting Fair Practices Act Chapter 4 (commencing at Section 4100), Part 1, Division 2 of the California Public Contract Code, the Bidder shall set forth below: (a) The portion of the work to be done by the subcontractor; (b) The name and the location of the place of business; (c) The California contractor license number; and (d) The DIR public works contractor registration number. If a Bidder fails to specify a subcontractor or if a Bidder specifies more than one subcontractor for the same portion of work, then the Bidder shall be deemed to have agreed that it is fully qualified to perform that portion of work and that it shall perform that portion itself. Portion of Work to be done by Subcontractor Percent of Total Base Bid Name of Subcontractor Location of Business CSLB Contractor License No. DIR Registration Number 76 Portion of Work to be done by Subcontractor Percent of Total Base Bid Name of Subcontractor Location of Business CSLB Contractor License No. DIR Registration Number (Attach additional sheets if necessary) 77 Proposal Date: 9/12/2024 Architect: HOLT DESCRIPTION TOTAL QTY UNIT PRICE UNIT TOTAL SUB TOTAL % of SUB TOTAL NOTES 02 41 16 DEMOLITION 1 $18,748.00 ls $18,748.00 $18,748.00 10%NCR 03 00 00 CONCRETE 1 $22,500.00 ls $22,500.00 $22,500.00 12%United Bros. 06 10 00 ROUGH CARPENTERY 1 $6,500.00 ls $6,500.00 $6,500.00 3%SPC 06 22 00 MILLWORK / FINISH CARPENTRY 1 $7,510.00 ls $7,510.00 $7,510.00 4%Haynes 07 21 00 INSULATION 1 $500.00 ls $500.00 $500.00 0%SPC 07 50 00 ROOFING 1 $4,100.00 ls $4,100.00 $4,100.00 2%Circle City 09 21 16 DRYWALL 1 $18,940.00 ls $18,940.00 $18,940.00 10%PWI 09 20 00 TILING 1 $31,157.00 ls $31,157.00 $31,157.00 16%Del's 09 91 00 PAINTING 1 $4,650.00 ls $4,650.00 $4,650.00 2%PA Coatings 10 14 00 LOCKERS 1 $500.00 ls $500.00 $500.00 0%SPC 10 28 00 TOILET ACCESSORIES 1 $7,465.00 ls $7,465.00 $7,465.00 4%Stumbaugh 22 00 00 PLUMBING 1 $40,300.00 ls $40,300.00 $40,300.00 21%MPMC 23 00 00 HVAC 1 $6,980.00 ls $6,980.00 $6,980.00 4%Sphere 26 00 00 ELECTRICAL 1 $19,640.00 ls $19,640.00 $19,640.00 10%West Pacific CONSTRUCTION SUBTOTAL $189,490.00 $189,490.00 GENERAL CONDITIONS TOTAL 1 $53,921.00 $53,921.00 SUBTOTAL $243,411.00 OH&P 11.0% $26,775.21 BOND 2.5% $6,754.66 CONSTRUCTION TOTAL $276,940.87 SUBTOTAL FOR BOND AMOUNT $270,186.21 FIRE STATION #67 - RESTROOM REMODEL PALM DESERT, CA 92260 73200 MESA VIEW DRIVE 78 BIDDER INFORMATION AND EXPERIENCE FORM A. INFORMATION ABOUT BIDDER NOTE: Where Bidder is a joint venture, pages shall be duplicated and information provided for all parties to the joint venture. 1.0 Name of Bidder: ___________________________________________ 2.0 Type, if Entity: ___________________________________________ 3.0 Bidder Address: ___________________________________________ _____________________________________________________________ _____________________________________________________________ Facsimile Number Telephone Number _____________________________________________________________ Email Address 4.0 ______________________________ 5.0 name? ________________________ 5.1 operated?_______________________________________________ 6.0 6.1 Date of Incorporation: ________________________________ 6.2 State of Incorporation: ________________________________ 6.3 ________________________________ 6.4 Vice- ________________________________ ________________________________ 6.5 ________________________________ 6.6 ________________________________ Southern Pacific Construction Sole Proprietor 33362 Rhine Ave, Temecula, CA 92592 951-795-6306 scott@spcbuild.com 8 8 NA 79 7.0 If an individual or a partnership, answer the following: 7.1 Date of Organization: ______________________________________ 7.2 Name and address of all partners (state whether general or limited partnership): ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ 8.0 If other than a corporation or partnership, describe organization and name principals: ___________________________________________________________ ___________________________________________________________ 9.0 What type of work does the Bidder normally perform with its own forces? ___________________________________________________________ ___________________________________________________________ 10.0 Has Bidder ever failed to complete any work awarded to it? If so, note when, where, and why: ___________________________________________________________ ___________________________________________________________ 11.0 been an officer or partner of another organization when it failed to complete a contract? If so, attach a separate sheet of explanation: ___________________________________________________________ ___________________________________________________________ 12.0 List Trade References: ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Scott Patterson - 33362 Rhine Ave, Temecula CA 92592 General contractor - Self perform some rough carpentry NO NO Brian Malone 909-560-2386 PWI John Taylor 760-390-7787 RND Bernie Gartner 714 - 309-6019 Motive Energy 2016 Scott Patterson - principal - 100% 80 B. LIST OF CURRENT PROJECTS (BACKLOG) [**Duplicate Page if needed for listing additional current projects.**] Project Client Reference (agency name/contact info) Description of Completion Date Work Fire suppression Rob Carroll 369,3249/23/24Install FSS 760-267-7891 81 C. LIST OF COMPLETED PROJECTS LAST THREE YEARS [**Duplicate Page if needed for listing additional completed projects.**] perform the required Work. Project Client Reference (agency name/contact info) Description of Completion Date Work DAP Orange Clinic TI 2023 DAP HVAC 913,661 400,000HVAC Replacement 2023 Rob Carroll 760-267-7891 Rob Carroll 760-267-7891 Borrego Health Underground fire line 2024Greg Smith 760-408-2519 136,928 82 D. EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE Personnel: The Bidder shall identify the key personnel to be assigned to this project in a management, construction supervision or engineering capacity. 4. Summarize such experience: Bidder agrees that personnel named in this Bid will remain on this Project until completion of all relevant Work, unless substituted by personnel of equivalent experience and qualifications approved in advance by the City. Scott Patterson President 80% 42 Licensed Contractor since 1989 83 E. If the Bidder feels that there is additional information which has not been included in the questionnaire above, and which would contribute to the qualification review, it may add that information in a statement here or on an attached sheet, appropriately marked: _______ 84 We do not have fleet vehicles 85 86 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: October 10, 2024 PREPARED BY: Lucero Leyva, Senior Project Manager SUBJECT: AWARD DESIGN CONTRACT TO TKE ENGINEERING, INC., FOR WALK AND ROLL PD PHASE 3 - PEDESTRIAN IMPROVEMENTS PROJECT (CST00002) RECOMMENDATION: 1. Award a contract to TKE Engineering, Inc., of Riverside, California, in the amount of $360,700 for design of the Walk and Roll PD - Phase 3 Pedestrian Improvements Project (CST00002), plus a 10% contingency for unforeseen conditions. 2. Authorize the City Attorney to make necessary nonmonetary changes to the contract . 3. Authorize the City Manager to execute the contract and any written requests for change orders, amendments, and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code . BACKGROUND/ANALYSIS: On March 23, 2023, the City Council approved the Walk and Roll PD Implementation Plan, dated March 3, 2023. Since this approval, staff has been working with the consultant, Michael Baker International, to identify and confirm the areas in need of improvement. This process identified recommended design options for various roadways within the Walk and Roll PD Phase 3 – Pedestrian Improvements project as depicted on the attached “Walk and Roll PD Phase 3 Map” document. Improvements for this phase of the project primarily focus on pedestrian travel by installing sidewalks, crosswalks, curb ramps, and ensuring all improvements are ADA-compliant. During spring 2024, City staff held four community engagement meetings throughout the community to review various street design options with residents. Staff estimates about 60+ residents participated in our outreach efforts. Based on the community feedback received, staff requested adjustments to the scope of work, which the City Council approved on May 23, 2024. These changes include: Removal of the San Juan Drive sidewalk. Coordinate the reinstallation of fences and landscaping where needed. Evaluate and include traffic calming measures where possible . A Request for Proposals (RFP) for engineering services to complete the Walk and Roll PD Phase 3 – Pedestrian Improvements project design was advertised on July 30, 2024, and closed on August 27, 2024. City staff received the following three proposals: Firm Name Location Evaluation Score Proposed Fee HR Green Pacific, Inc. Palm Desert, CA 28.20 $ 395,132 87 City of Palm Desert Award Design Contract to TKE Engineering, Inc., for Project CST00002 – Phase 3 Page 2 of 3 Michael Baker International San Diego, CA 27.40 $ 613,600 TKE Engineering, Inc. Riverside, CA 31.53 $ 277,000 All three firms listed above are current active vendors of the City and have provided engineering services on several past projects. An internal selection committee, including representatives from the Capital Projects and Engineering Department, evaluated the proposals. After careful consideration of the project work plan, team qualifications, and fee proposal, staff determined that TKE Engineering was the firm that was most responsive and compatible with the current project priorities, budget, and schedule. Additionally, on recent projects, TKE has proven to meet city staff expectations and timeframes. As previously stated, City Staff is actively working with TKE Engineering on several projects like El Paseo Street Rehabilitation, Housing Authority Parking Lot Improvements, Mountain View Retention Basin. City Staff and references checked provided positive feedback for TKE, describing the firm as easy to work with, efficient with their designs, budget, and schedule, and great at communicating the status of projects, and milestones, and tracking/addressing concerns. During contract negotiation, staff did request that TKE update their right-of-way acquisition line item and add a construction support line item to better meet the project’s scope of work. This request did increase TKE’s fee proposal by $83,700, however, even with these changes, their proposal is still the lowest. Staff recommends awarding the design contract to TKE Engineering, Inc., for the Walk and Roll PD Phase 3 – Pedestrian Improvements project in an amount not to exceed $360,700. Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: Funds for this project were included in the approved Capital Improvement (CIP) List for Fiscal Year 2024-25. There is no financial impact to the General Fund with this action. The following table provides the current project budget: Fund Fund Source Budget Allocated Funds 2134633-5000103 Measure A $ 4,448,649 Approved MBI Contract A47820 – Walk and Roll PD - Phase 2 Bicycle Improvements $ 176,800 Pending TKE Engineering Contract $ 360,700 Contingency $ 36,070 Remaining Budget $ 3,967,149 $ 573,570 88 City of Palm Desert Award Design Contract to TKE Engineering, Inc., for Project CST00002 – Phase 3 Page 3 of 3 ATTACHMENTS: 1. Walk and Roll PD Phase 3 Map 2. TKE Fee Proposal Updated 9-26-2024 3. CST00002 Walk and Roll PD Phase 3 Agreement 89 90 ..\..\..\Images\Palm Desert Logo\Palm Desert City_Seal_cmyk.jpg 5050 Avenida Encinas Suite 260 Carlsbad, CA 92008 Phone: (760) 476-9193 MBAKERINTL.COM SHEETS 11-12 SHEETS 13-16 SHEETS 9-10 SHEETS 7-8 SHEETS 2-6 91 92 93 Prepared for: City of Palm Desert Capital Improvement Projects Department 73510 Fred Waring Drive, Palm Desert, CA 92260 Contact: Cristal Ortega, Management Analyst II Phone: (760) 776-6327 Email: cortega@palmdesert.gov Prepared by: TKE Engineering, Inc. 2305 Chicago Avenue Riverside, CA 92507 Contact: Terry Renner, P.E., P.L.S., Q.S.D., Senior Vice President Phone: (951) 680-0440 Fax: (951) 680-0490 Email: trenner@tkeengineering.com TABLE OF CONTENTS Technical Proposal Section A | Cover Letter Section B | Experience and Technical Competence Section C | Firm Staffing and Key Personnel Section D | Proposed Method to Accomplish the Work Section E | Fee Proposal 94 P a g e | 1 Request for Proposal No. 2024-RFP-128 Walk and Roll PD Phase 3 – Pedestrian Improvements City of Palm Desert SECTION A | COVER LETTER August 27, 2024 City of Palm Desert Capital Improvement Projects Department Cristal Ortega, Management Analyst II 73-510 Fred Waring Drive Palm Desert, CA 92260 Subject: Request for Proposal No. 2024-RFP-128 Walk and Roll PD Phase 3 – Pedestrian Improvements Dear Ms. Ortega, Thank you for the opportunity to present TKE Engineering’s qualifications to provide Professional Engineering Design Services for the City of Palm Desert (City)’s Walk and Roll PD Phase 3 Pedestrian Improvements Project (Project). The City conducted a bike and pedestrian gap analysis that assessed the existing pedestrian and bicycle infrastructure, identified gaps in the pedestrian/bicycle network, and prioritized recommendations to address the identified gaps. The City Council approved the Walk and Roll PD Implementation Plan, which includes, Phase 1 – Sharrows, Phase 2 - Bike Lane Improvements and Phase 3 - Pedestrian Improvements. This proposal will address Phase 3, where the City requires professional engineering design services for the addition of sidewalks and crosswalks, ADA improvements to sidewalks, curbs and ramps, implementation of traffic calming measures (i.e. stop signs, narrowing of streets, speed humps) and sidewalk maintenance. TKE (a California C Corporation) was founded in 2000 and is headquartered at 2305 Chicago Avenue, Riverside 92507. Services provided for this project will be from our Palm Desert office located at 73993 Highway 111, Suite 201, Palm Desert 92260. TKE is not a subsidiary and is a full service, multi-disciplinary consulting firm highly qualified to perform the services required and we are enthusiastic about the opportunity to continue to assist the City . Why should the City choose TKE to provide engineering design services for the Project? Please consider the following: 1. Our Experience and Qualifications – TKE is a firm capable of managing and delivering the services presented in the RFP. We specialize in design, project management and construction administration of traffic and transportation projects. TKE’s local office resides in Palm Desert and we are very familiar with the surroundings and traffic flows of the area due to the location of our office located within minutes of the project site. TKE’s broad range of successful services includes turnkey programs, project management and delivery for a diverse array of projects. The City will benefit from our broad range of experience through our intimate understanding of the common pitfalls for each project variation, and our past history of successfully overcoming these challenges. 2. Communication and Coordination – TKE believes in continuous communications throughout the course of providing services. We propose to coordinate with City staff bi-weekly to verify project progress. In addition to the City, TKE will meet with all agencies and utilities having facilities in the project area that will be affected by construction of the pedestrian and street improvements. Based on our experience, meetings are necessary to ensure tasks are progressing as required and as scheduled. 3. Project Schedule and Approach – TKE has presented a project schedule in our proposal that will meet the City’s expectations to deliver the project on time and on budget, including hitting milestones and deliverables, and is capable of providing the services with our firm’s resources. TKE has worked with the City over the past year on projects and takes pride in providing a high level of customer service and the relationships we have built with City staff. It is our goal to continue our partnership with the City in preparing quality design documents for this project. TKE is fully aware of the project schedule delivery importance and will work closely with City staff to ensure all milestones are met. 95 P a g e | 2 Request for Proposal No. 2024-RFP-128 Walk and Roll PD Phase 3 – Pedestrian Improvements City of Palm Desert SECTION A | COVER LETTER To achieve our goal of successful project delivery, we approach our projects by first developing a project plan. Our project plan considers the major project issues described herein and development of project tasks (Scope of Services) to be performed by the design team, preparation of task budgets and preparation of a schedule to complete each task. Prior to beginning preparation of a project plan, we performed the following: • Detailed Review of the Project • Preliminary Research and Data Collection • Field Reconnaissance We have developed this project approach in order to maintain an expertise in our core business of public works projects with tight budgetary constraints. 4. Our Commitment – TKE is committed to providing high quality, efficient services to meet all of the City’s needs. Mr. Renner, P.E., P.L.S., Q.S.D. will meet with City staff regularly to discuss requirements and scheduling needs. In addition, he will be in contact with other stakeholders 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. TKE’s local service approach means the City will continue to be an important TKE client. 5. Our Team – The City will benefit greatly by continuing the vision, leadership, and dedication to community exhibited by TKE’s project team. Our experience within the region, numerous accomplishments and management skills will help maintain continuity in the delivery of the services. In particular, Terry Renner, P.E., P.L.S., Q.S.D., Senior Vice President will be managing the project on behalf of the project team and will attend all meetings with City staff to ensure the project is proceeding in accordance with the City approved project schedule. Mr. Renner’s experience extends from project planning to design and bidding through construction. His excellent project management skills will provide a great benefit to the City. Supporting Mr. Renner will be TKE’s key personnel: Justin Schlaefli, P.E., T.E., P.T.O.E., Project Engineer; Octavio Parada, Street Specialist; Monae Pugh, Traffic Engineering Specialist; Steven Ledbetter, P.E., Grant Opportunity Assistance and Ron Musser, P.L.S., Director of Surveys. TKE has 59 Professional Engineers, Designers, Surveyors, Project Managers, Plan Checkers, Traffic Engineers, and Support Staff. If you have any questions, please call Mr. Terry Renner, P.E., P.L.S., Q.S.D, Senior Vice President, who is the single point of contact during the RFP review process and is legally authorized to sign contracts on behalf of TKE Engineering, Inc., at (951) 680-0440 or email at trenner@tkeengineering.com. Sincerely, Terry Renner, P.E., P.L.S., Q.S.D. Senior Vice President TKE Engineering, Inc. 96 P a g e | 3 Request for Proposal No. 2024-RFP-128 Walk and Roll PD Phase 3 – Pedestrian Improvements City of Palm Desert SECTION B | E XPERIENCE AND TECHNICAL COMPETENCE SECTION B | EXPERIENCE AND TECHNICAL COMPETENCE F I R M O V E R V I E W TKE Engineering, Inc. (TKE), a California Corporation, was established in 2000, and in the last 24 years has developed into one of Southern California’s premier full-service consulting engineering firms. TKE routinely provides street and traffic design services to municipal clients. TKE was founded with the goal of providing turnkey services for municipal agencies in order to benefit our local communities. As a result of our focus 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. TKE proudly serves numerous municipalities for engineering services for all types of public works improvement projects including complete streets, sidewalks and pedestrian crossings, ADA pedestrian facilities, traffic signal modifications, transportation and pavement rehabilitation, traffic engineering, and surveys. TKE’s experience includes project delivery from “cradle to grave”. All of the engineering and construction management duties discussed herein are services we effectively provide routinely. We request that you verify our qualifications with City staff and other agencies presented in our proposal. In addition, we have worked on multi-million-dollar regional mega projects for a variety of government agencies. TKE’s corporate structure guarantees that the principals of the firm will be intricately involved with all aspects of the project which translates to effective communication and project stability for the City. TKE’s principals and support staff are highly qualified for the projects and have a proven track record of successfully delivering even the most challenging projects. In addition, our current and past history in the City and the Coachella Valley, along with our familiarity of standards and specifications of several municipalities and utility companies in the Coachella Valley, provides us with an extensive knowledge of the Project area and project goals that will ensure that the City’s interests are fully protected during design, schedule compliance and budget and thereby maximizing the potential for project success. TKE Engineering Inc . AT A GLANCE Location of Offices Headquarters: 2305 Chicago Avenue Riverside, CA 92507 Palm Desert: 73993 Highway 111, Ste. 201 Palm Desert, CA 92260 Company Structure TKE is a California C Corporation founded in June 2000. TKE is not a subsidiary. California Business License Number: 00109901 DIR NUMBER PWLR #1000413173 Years in Business TKE was founded in 2000 and has 24 years of experience in providing engineering support services for Municipalities. Firm Owners Michael P. Thornton, P.E., P.L.S., M.S. – President Terry M. Renner, P.E., P.L.S., Q.S.D. – Senior Vice President Steven W. Ledbetter, P.E. – Vice President Size of Organization 59 Professional Engineers, Surveyors, Designers, Project and Construction Managers, Inspectors, Plan Checkers, Design Professionals, Engineers, and Support Staff City/District Engineer TKE serves as the City Engineer in 7 Cities/Districts in Southern California, including 3 in Riverside County. Staff Augmentation TKE currently provides Staff Augmentation in 10 Cities / Counties / Districts City of Riverside’s Point of Contact Terry Renner, P.E., P.L.S., Q.S.D. – Senior Vice President Phone: (951) 680-0440 Email: trenner@tkeengineering.com TKE Engineering, Inc. 97 P a g e | 4 Request for Proposal No. 2024-RFP-128 Walk and Roll PD Phase 3 – Pedestrian Improvements City of Palm Desert SECTION B | E XPERIENCE AND TECHNICAL COMPETENCE TKE’s headquarters is located at 2305 Chicago Avenue in Riverside and our local Palm Desert office is located at 73993 Highway 111, Suite 201 in Palm Desert, allowing us to mobilize and respond to the City’s needs at a moment’s notice. TKE currently maintains a staff of 59 construction managers, inspectors, surveyors, engineers, project managers, drafters, and clerical personnel which can assist if additional needs arise. Our current clients in the surrounding area include the City and the City of La Quinta, the Coachella Valley Association of Government and Coachella Valley Water District. 98 P a g e | 5 Request for Proposal No. 2024-RFP-128 Walk and Roll PD Phase 3 – Pedestrian Improvements City of Palm Desert SECTION B | E XPERIENCE AND TECHNICAL COMPETENCE B A C K G R O U N D CV SYNC – PHASE I C oachella V alley Association of Governments, Coachella V all ey, CA Client Contact: Eric Cowle Phone Number: (760) 346-1127 Project Cost: $21.0 million Completion Date: November 2023 DESCRIPTION RELEVANCE TO PALM DESERT • Public Works Construction Management Inspection Project • Traffic Signal, Synchronization and Special Inspections • Electrical Inspections • State and Federal Grant Management Phase I of 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 for over 120 intersections. The project improvements include advanced traffic management systems (ATMS), advanced transportation controllers (ATC), selected Intelligent Transportation 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. This project includes a Regional Traffic Management Center (RTMC) an d 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., P.L.S., Q.S.D. Justin Schlaefli, P.E., T.E., P.T.O.E. Marvin Lara, E.I.T. Stephen Biscotti Michael Counce Tony Tran Jeff Lynn 99 P a g e | 6 Request for Proposal No. 2024-RFP-128 Walk and Roll PD Phase 3 – Pedestrian Improvements City of Palm Desert SECTION B | E XPERIENCE AND TECHNICAL COMPETENCE CV SYNC – PHASE II C oachella V alley Association of Governments, Coachella V all ey, CA Client Contact: Eric Cowle Phone Number: (760) 346-1127 Project Cost: $93.0 million Completion Date: November 2023 DESCRIPTION RELEVANCE TO PALM DESERT • Public Works Construction Management Inspection Project • Traffic Signal, Synchronization and Special Inspections • Electrical Inspections • State and Federal Grant Management Phase II of 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 eight regional roadways for more than 500 intersections. The project improvements include advanced traffic management systems (ATMS), advanced transportation controllers (ATC), selected Intelligent Transportation 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. 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., P.L.S., Q.S.D. Justin Schlaefli, P.E., T.E., P.T.O.E. Marvin Lara, E.I.T. Stephen Biscotti Michael Counce Tony Tran Jeff Lynn 100 P a g e | 7 Request for Proposal No. 2024-RFP-128 Walk and Roll PD Phase 3 – Pedestrian Improvements City of Palm Desert SECTION B | E XPERIENCE AND TECHNICAL COMPETENCE 9TH STREET TRANSIT STOPS SIDEWALK AND BIKEWAY IMPROVEMENTS City of H ighland , CA Client Contact: Carlos Zamano Phone Number: (909) 864-6861 Project Cost: $500 Thousand Completion Date: Ongoing DESCRIPTION RELEVANCE TO PALM DESERT • Sidewalk improvements • Curb, Gutter, and Bike Lane Improvements • Signing and Striping • Residential Streets TKE provided project management and design services in four progressive phases: 30%, 65%, 95%, and 100 completions. The City of Highland (City) has been awarded two grants under the Transportation Development Act Article 3 Grant Program for funding two City projects designated as Schedule I for Sterling Avenue Improvement and Schedule II(A) for Water Street Improvement and Schedule II (B) for Water Street Bikeway Project No. swk16001. The overall length of sidewalk and driveway replacement is 252 linear feet at a width of 6 feet, with an additional 4-foot sidewalk behind 90 linear feet of driveway replacement, totaling 1,875 square feet of driveway and sidewalk replacement for Sterling Avenue Improvement. For Water Street Improvement and Bikeway, the installation of an ADA curb ramp and cross gutter removal and replacement at the intersection of Water and Weaver Street . SERVICES Services included Project Management, Record Research, Plan Review Meetings, Design Surveying, Base Construction Drawings, Right of Way Analysis, Design and Preparation of Street Improvement Plans, Construction Cost Estimate and Construction specifications . Final Coordination with Agencies, Assistance During Bidding and Construction and As -Built Plans. KEY STAFF Terry Renner, P.E., P.L.S., Q.S.D. Octavio Parada Jose Martinez 101 P a g e | 8 Request for Proposal No. 2024-RFP-128 Walk and Roll PD Phase 3 – Pedestrian Improvements City of Palm Desert SECTION B | E XPERIENCE AND TECHNICAL COMPETENCE COUNTY LINE ROAD TRANSPORTATION CORRIDOR (LLP) City of C alimesa , CA Client Contact: Will Kolbow Phone Number: (909) 795-9801 Email: wkolbow@cityofcalimesa.net Project Cost: $10.1 million Completion Date: Current DESCRIPTION RELEVANCE TO P ALM DESERT • Project & Construction Management • Grant Funded • Street/Pedestrian Design • Design Survey • Right-of-Way Engineering • Caltrans Local Assistance Processing 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 Transportation 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 intersection 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, construction management, inspection, and construction staking. KEY STAFF Terry Renner, P.E., P.L.S., Q.S.D. Steven Ledbetter, P.E. Octavio Parada Monae Pugh Ron Musser, P.L.S. 102 P a g e | 9 Request for Proposal No. 2024-RFP-128 Walk and Roll PD Phase 3 – Pedestrian Improvements City of Palm Desert SECTION B | E XPERIENCE AND TECHNICAL COMPETENCE THOUSAND PALMS SIDEWALK SAFETY IMPROVEMENTS PROJECT C ommunity of Thousand Palms , CA Client Contact: Darrel Hartman Phone Number: (949) 724-7517 Project Cost: $1.6 million Completion Date: Ongoing DESCRIPTION RELEVANCE TO PALM DESERT • Complete Streets • Traffic Signal Modification/Design • Street/Pedestrian Design • Community Outreach Efforts • Grant Funding TKE is providing design engineering services for the Active Transportation Program Safe Routes to Della S Lindley Elementary School project for the County of Riverside Transportation Department in the Community of Thousand Palms. This project consists of the preparation of full Construction documents including plans, technical specifications, construction cost estimates (PS&E) and construction support services for the design of the roadway pavement, curb and gutter, sidewalk, crosswalks, ADA curb ramps, signing and striping along La Canada Way from Via Ventana to San Miguelito Drive and El Ce ntro Way from Via Ventana to San Miguelito Drive. SERVICES Services include design, utility conflict coordination, and construction assistance. KEY STAFF Terry Renner, P.E., P.L.S., Q.S.D. Ron Musser, P.L.S. Octavio Parada 103 P a g e | 10 Request for Proposal No. 2024-RFP-128 Walk and Roll PD Phase 3 – Pedestrian Improvements City of Palm Desert SECTION B | E XPERIENCE AND TECHNICAL COMPETENCE ATP CYCLE 3 SAFE ROUTE TO SCHOOL PEDESTRIAN IMPROVEMENTS PROJECT City of F ontana , CA Client Contact: Jeffrey Kim, P.E. Phone Number: (909) 350-7632 Email: jkim@fontanaca.gov Project Cost: $1.9 million Completion Date: 2021 DESCRIPTION RELEVANCE TO P ALM DESERT • Street/Pedestrian Design • Grant Funding Coordination • Utility Relocation/Coordination • Design Topographic Surveying Right-of-Way Engineering (19 Parcel Acquisitions) TKE provided design engineering services for the Safe Routes to Schools project funded through ATP Cycle 2 for the City of Fontana 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 drain 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 coordination, right-of-way engineering, and construction assistance. KEY STAFF Terry Renner, P.E., P.L.S., Q.S.D. Octavio Parada Monae Pugh Ron Musser, P.L.S. 104 P a g e | 11 Request for Proposal No. 2024-RFP-128 Walk and Roll PD Phase 3 – Pedestrian Improvements City of Palm Desert SECTION B | E XPERIENCE AND TECHNICAL COMPETENCE SIERRA AVENUE WIDENING PROJECT City of F ontana , CA Client Contact: Phil Burum Phone Number: (909) 350-6727 Email: pburum@fontanaca.gov Project Cost: $11.3 million Completion Date: May 2024 DESCRIPTION RELEVANCE TO P ALM DESERT • Design and Construction Staking for Sewer, Traffic Signals and Utility Relocations • Right-of-Way Acquisition • Extensive Utility Coordination and Permitting • Community Outreach Efforts 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 Terry Renner, P.E., P.L.S., Q.S.D. Justin Schlaefli, P.E., T.E., P.T.O.E. Monae Pugh Ron Musser, P.L.S. 105 P a g e | 12 Request for Proposal No. 2024-RFP-128 Walk and Roll PD Phase 3 – Pedestrian Improvements City of Palm Desert SECTION B | E XPERIENCE AND TECHNICAL COMPETENCE ARTICLE III SIDEWALK IMPROVEMENTS PROJECT City of H ighland , CA Client Contact: Carlos Zamano Phone Number: (909) 864-6861 Project Cost: $2.1 million Completion Date: 2018 – Current DESCRIPTION RELEVANCE TO PALM DESERT • Local Project Expertise • Curb, Gutter, and bike lane improvements • Signing and Striping • Residential Streets TKE provides utility relocation and coordination, construction management, inspection, construction management, and field survey. The Article III Sidewalk Improvements Project includes installation of a new high visibility crosswalk with inground lighting, installation of a new curb ramp, retrofitting an existing curb ramp, and installation of new bus pad on Central Avenue and construction of seven sidewalk obstruction clearances along Base Line and Sterling Avenue. SERVICES Services include utility relocation and coordination, construction management, inspection, construction management, and field survey. KEY STAFF Terry Renner, P.E., P.L.S., Q.S.D. Ron Musser, P.L.S. 106 P a g e | 13 Request for Proposal No. 2024-RFP-128 Walk and Roll PD Phase 3 – Pedestrian Improvements City of Palm Desert SECTION B | E XPERIENCE AND TECHNICAL COMPETENCE ATP SAFE ROUTE TO SCHOOL – FONTANA AVENUE AND ARROW BOULEVARD City of F ontana , CA Client Contact: Phil Burum Phone Number: (909) 350-6727 Email: pburum@fontanaca.gov Project Cost: $1.1 million Completion Date: May 2018 DESCRIPTION RELEVANCE TO P ALM DESERT • ATP Funded Project • Street/Pedestrian/Bike Lane Design • Grant Funding Coordination • Utility Relocation/Coordination • Design Topographic Surveying Community Outreach Efforts TKE provided design engineering services for the Safe Routes to Schools project funded through ATP Cycle 2 for the City of Fontana 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 drain 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 coordination, right-of-way engineering, and construction assistance. KEY STAFF Terry Renner, P.E., P.L.S., Q.S.D. Octavio Parada Monae Pugh Ron Musser, P.L.S. 107 P a g e | 14 Request for Proposal No. 2024-RFP-128 Walk and Roll PD Phase 3 – Pedestrian Improvements City of Palm Desert SECTION B | E XPERIENCE AND TECHNICAL COMPETENCE ATP CYCLE 1 SAFE ROUTES TO CALIMESA AND WILDWOOD ELEMENTARY SCHOOLS Citi es of C alimesa and Yucaipa , CA Client Contact: Fermin Preciado, P.E. Phone Number: (909) 797-2489 Email: fpreciado@yucaipa.org Project Cost: $1.1 million Completion Date: 2017 DESCRIPTION RELEVANCE TO P ALM DESERT • SR2S Grant Funded • ADA Improvements • Street Widening • Right-of-Way Acquisition • Pavement Rehabilitation • Utility Relocation TKE is providing design engineering services for the Active Transportation Program, Cycle 1 Safe Routes to Calimesa and Wildwood Elementary Schools project for the Cities of Yucaipa and Calimesa. This project consists of the preparation of full Construction documents including environmental compliance documents, right-of-way acquisition, plans, technical specifications, construction cost estimates (PS&E) and construction supp ort services for the design of the Bicycle lanes, curb and gutter, sidewalk, crosswalks, ADA curb ramps, signing and striping along Avenue ‘H’ from 3rd Street to Holmes Street and along County Line Road between 3rd Street and California Street. SERVICES Services include design, surveying, funding management through Caltrans, PES preparation, environmental compliance services, utility coordination, right -of-way engineering, and construction assistance. KEY STAFF Terry Renner, P.E., P.L.S., Q.S.D. Monae Pugh 108 P a g e | 15 Request for Proposal No. 2024-RFP-128 Walk and Roll PD Phase 3 – Pedestrian Improvements City of Palm Desert SECTION B | E XPERIENCE AND TECHNICAL COMPETENCE CAMINO AVENTURA SIDEWALK SAFETY IMPROVEMENTS PROJECT City of D esert Hot Springs , CA Client Contact: John Ashlock Phone Number: (951) 955-1511 Email: jashlock@rivco.org Project Cost: $1.0 million Completion Date: December 2018 DESCRIPTION RELEVANCE TO P ALM DESERT • Street/Pedestrian Design • ADA Compliance • Grant Funding Coordination • Utility Relocation/Coordination TKE provided design engineering services for the Active Transportation Program Safe Routes to Bubbling Wells Elementary School project for the County of Riverside Transportation Department in the Community of Desert Hot Springs. This project consists of the preparation of full Construction documents including plans, technical specifications, construction cost estimates (PS&E) and construction support services for the design of the roadway pavement, curb and gutter, sidewalk, crosswalks, ADA curb ramps, signing and striping al ong Camino Aventura from Avenida Descanso to Bubbling Wells Road . SERVICES Services included design, ADA compliance, utility research, utility conflict coordination, and project management. KEY STAFF Terry Renner, P.E., P.L.S., Q.S.D. Ron Musser, P.L.S. Octavio Parada Monae Pugh 109 P a g e | 16 Request for Proposal No. 2024-RFP-128 Walk and Roll PD Phase 3 – Pedestrian Improvements City of Palm Desert SECTION B | E XPERIENCE AND TECHNICAL COMPETENCE R E F E R E N C E S TKE takes pride in our reputation for thoroughness, rapid turnaround, cost efficiency and overall quality of work, and believes that a high level of quality is needed for design of all projects in order to protect the City’s interest, enforce the contract documents and minimize change orders. The following list of project examples showcase our team’s experience and relevance. This experience highlights a few of our recent projects and includes a description of the projects. We encourage you to review and contact the references associated with each of them. P ROJECT NAME PROJECT DESCRIPTION CONTACT INFORMATION DATE OF SERVICE CV SNYC, Phase I Construction management, inspection and grant administration. Signal synchronization and regional integration for over 120 intersections. Coordination with 11 agencies Coachella Valley Association of Governments Eric Cowle, Project Manager, ecowle@cvag.org, (760) 346-1127 November 2023 CV SNYC, Phase II Construction management, inspection and grant administration. Signal synchronization and regional integration for over 500 intersections. Coordination with 11 agencies Coachella Valley Association of Governments Eric Cowle, Project Manager, ecowle@cvag.org, (760) 346-1127 Current 9th Street Transit Stops Sidewalk and Bikeway Improvements Project management and design services for sidewalks, ADA curb ramps and bikeway improvements City of Highland Carlos Zamano (909) 864-6861 Current County Line Road Roundabouts Street Improvement Project Construction Management and Inspection, Street Improvements, Grant Administration Cities of Calimesa and Yucaipa Will Kolbow, wkolbow@calimesa.gov (909) 795-9801 March 2024 Thousand Palms Sidewalk Safety Improvements Project Engineering design services and construction support services sidewalks, crosswalks, ADA curb ramps Community of Thousand Palms Darrell Hartman (949) 724-7517 Current ATP Cycle 3 Safe Route to School Pedestrian Improvements Project Construction and grant management, surveying and design. Sidewalk, curb, curb ramps, gutter, and bike lane improvements City of Fontana Jeffrey Kim, P.E., jkim@fontanaca.gov (909) 350-6724 2021 Sierra Avenue Street Improvements Construction management, inspection and design. Street widening and traffic signal construction City of Fontana Phil Burum, pburum@fontanaca.gov (909) 350-6727 May 2024 110 P A G E | 17 Request for Proposal No. 2024-RFP-128 Walk and Roll PD Phase 3 – Pedestrian Improvements City of Palm Desert SECTION C | FIRM STAFFING AND KEY PERSONNEL SECTION C | FIRM STAFFING AND KEY PERSONNEL S T A F F I N G TKE’s project team will consist of 6 key personnel and is committed to providing services as presented herein. Terry Renner, P.E. P.L.S., Q.S.D., Senior Vice President of TKE, will serve as TKE’s liaison and Project Manager to the City. He will be responsible for all services provided by TKE. Supporting Mr. Renner will be TKE’s key personnel: Justin Schlaefli, P.E., T.E., P.T.O.E., Project Engineer; Octavio Parada, Street Specialist; Monae Pugh, Traffic Engineering Specialist; Steven Ledbetter, P.E., Grant Opportunity Assistance and Ron Musser, P.L.S., Director of Surveys. TKE has 59 Professional Engineers, Designers, Surveyors, Project Managers, Plan Checkers, Traffic Engineers, and Support Staff. K E Y P E R S O N N E L Terry Renner, P.E., P.L.S., Q.S.D. Project Manager California P.E. No. 69984 California P.L.S. No. 9762 Q.S.D. Certification No. 24329 Mr. Renner has over 24 years of construction experience on civil engineering infrastructure projects, including pavement rehabilitation, transportation improvements, drainage improvements, sewer and water improvements, facilities improvements and recreation improvements. He has managed numerous projects for the City of Palm Desert and has delivered projects for the Cities of Highland, Hesperia, Fontana, Rialto, Upland, Riverside, Redlands, Moreno Valley and Corona. As a project manager, Mr. Renner has been responsible for field analysis, design production, supervising a staff of engineers and drafters, coordinating work between the production team and the client, and for submitting all deliverables in a timely manner. He has successfully delivered a wide variety of complex and challenging projects and is dedicated to ensuring that the plans produced by TKE continue to exceed industry standards. Mr. Renner’s greatest attribute is his ability to deliver projects on time and on budget. His vast experience ensures success again and again. He also understands the importance of working as a team member. Mr. Renner understands that he will be given direction from City staff and fully understands the need to maintain proper protocol while providing services. Justin Schlaefli, P.E., T.E., P.T.O.E. Project Engineer California P.E. No. 74670 California T.E. No. 2564 Mr. Schlaefli has 21 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, Signal Maintenance, Traffic Engineering and Traffic Operations. He has experience working on both public sector projects as well as private sector development. His experience ranges from design to 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, Mr. Schlaefli has served as a subject matter expert in court, for the State of California and for vendors in the transportation industry. He is also an alumnus of San Diego State University where he has served as a guest lecturer and adjunct faculty teaching Transportation Engineering and helping to mentor the next generation in his field. Through his career, Mr. Schlaefli has accumulated truly unique experience in Traffic Engineering. For example, Mr. Schlaefli has served as an expert for the State Board of Professional Engineers with respect to creation of the Traffic Engineer license exam. In addition, Mr. Schlaefli has served as a qualified expert witness for the US Attorney’s office in cases involving traffic accidents and traffic signal timing. Also, Mr. Schlaefli has completed hundreds of traffic and safety studies throughout his career including substantial CEQA/NEPA work. Finally, Mr. Schlaefli has overseen design/build projects for signal modification and ITS improvements including projects in Caltrans jurisdiction and involving multi-agency coordination. 111 P A G E | 18 Request for Proposal No. 2024-RFP-128 Walk and Roll PD Phase 3 – Pedestrian Improvements City of Palm Desert SECTION C | FIRM STAFFING AND KEY PERSONNEL Octavio Parada Street Specialist Traffic Engineering for Highways Certification Mr. Parada has over 24 years of progressive experience in civil engineering in the public works sector as well as the private sector. He is result-driven, proactive and detail-oriented with a proven track record of successfully handling and delivering a wide variety of complex and challenging projects. He is dedicated to ensure that projects exceed industry standards and consistently finishing under budget and schedule. Through his career, Octavio has accumulated extensive experience in planning, designing and project completion for more than 30 miles of roadways, street widening, medians, traffic calming, roundabouts, signing and striping modifications, bicycle lanes, pedestrian facilities for major corridors, arterials, collectors and residential streets, including drainage improvements, grading plans and computerized system modeling for drainage master plans. Finally, Octavio has worked in the private sector for commercial and industrial development as technical director managing projects from the conceptual stage, through planning, designing, bidding, construction, and project completion under project specifications and exceeding client expectations. Monae Pugh Traffic Engineering Specialist Ms. Pugh has over 32 years of Municipal and Public Agency engineering experience with a wide range of responsibilities and projects emphasizing the discipline of Transportation and Traffic Engineering. Prior experience includes over 16 years in the County of Riverside Traffic Engineering Department. Ms. Pugh has actively pursued continuing education throughout her career through U.C. Berkley extension courses offered by the Institute of Transportation Studies and couples this with functional engineering experience. She is a Certified Grant Writer through Cal State San Bernardino Certification Program and has secured multiple Transportation grants for a wide variety of infrastructure projects. Steven Ledbetter, P.E. Grant Opportunity Assistance California P.E. No. 84044 Mr. Ledbetter has over 21 years of professional experience in the civil engineering industry. He has handled various critical and challenging projects from planning through design and implementation; all while ensuring that projects are executed as per specification in the stipulated time with quality. He has a well-rounded background with experience in: grant writing and administration for various State and Federal agency programs; preparation and analysis of street and utility improvement plans and specifications including potable and non-potable water, wastewater, and drainage; utility master planning including computer modeling, analysis, and report preparation; water resource planning and management including feasibility studies, urban water management planning, water supply assessments and verifications, integrated regional water management planning, and groundwater management planning; storm water compliance reporting including water quality management plans and storm water pollution prevention plans. Ron Musser, P.L.S. Director of Surveys California P.L.S. No. 4230 Mr. Musser has over 52 years of experience in performing field and office surveying services for public and private projects including roadway and highway projects. Prior to joining TKE Engineering, Inc., Mr. Musser worked as a Partner in an engineering and surveying firm and supervised the mapping department providing mapping and calculations support for the firm’s projects. He has performed design topographic surveying and construction staking on all of TKE’s respective design and construction management projects over the past 15 years. In addition, he has prepared records of survey, parcel maps and tract maps 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. Mr. Musser’s experience includes right-of-way and easement acquisition. 112 P A G E | 19 Request for Proposal No. 2024-RFP-128 Walk and Roll PD Phase 3 – Pedestrian Improvements City of Palm Desert SECTION C | FIRM STAFFING AND KEY PERSONNEL TKE’s professional team is supported by 59 Professional Engineers, Project Managers, Surveyors, Plan Checkers, Inspectors, Designers, Construction Managers, and Support Staff. S U B C O N T R A C T O R S TKE will not retain Subconsultants for this project. 113 P A G E | 20 Request for Proposal No. 2024-RFP-128 Walk and Roll PD Phase 3 – Pedestrian Improvements City of Palm Desert SECTION C | FIRM STAFFING AND KEY PERSONNEL Project Manager Terry Renner P.E., P.L.S., Q.S.D. TKE Engineering, Inc. Project Engineer Justin Schlaefli P.E., T.E., P.T.O.E. TKE Engineering, Inc. Street Specialist Octavio Parada TKE Engineering, Inc. Traffic Engineering Specialist Monae Pugh TKE Engineering, Inc. Director of Surveys Ron Musser, P.L.S. TKE Engineering, Inc. Grant Opportunity Assistance Steven Ledbetter, P.E. TKE Engineering, Inc. T E A M O R G A N I Z A T I O N SUPPORT TEAM (59+ M e m b e r s ) 114 P a g e | 21 Request for Proposal No. 2024-RFP-128 Walk and Roll PD Phase 3 – Pedestrian Improvements City of Palm Desert SECTION D | PROPOSED METHOD TO ACCOMPLISH THE WORK S ECTION D | PROPOSED METHOD TO ACCOMPLISH THE WORK 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 below. 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 civil engineering 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. P R O A C T I V E S C H E D U L I N G TKE’s corporate structure guarantees that the principals of the firm will be intricately involved with all aspects of the project which translates to effective communication and project stability for the City. TKE’s principals and support staff are highly qualified in managing all sizes and types of projects and have a proven track record of successfully delivering even the most challenging projects. Our construction management staff utilize a matrix listing upcoming events, required permits, action items and prerequisite tasks that need to be accomplished in order to keep the project moving forward on schedule. Each week at the construction progress review meetings all action items are reviewed to ensure accountability is taken towards completing each task on schedule. W O R K L O A D TKE currently provides similar services to the City and to other clients; however, as can be verified by our references, TKE effectively meets the needs of our clients. If selected, TKE is committed to meeting all of the City’s needs. TKE’s local service approach ensures that the City’s needs will be met and TKE will constantly exceed the City’s expectations. TKE maintains state of the art conferencing and communications equipment. We are fully capable of hosting multi-participant meetings including video conferencing. TKE, with its current clients, already utilizes similar tools including clients’ ability to view host computer screens for document development and review. R E S O U R C E S TKE is aware of the City’s need to complete projects on schedule. We are committed to providing services as requested in the RFP to ensure the project is completed on schedule. TKE’s proactive management approach ensures we rarely experience ‘crisis’ project delivery needs. When requested by a client, TKE will add resources, commit extended work hours, develop an efficient implementation plan and other efforts as needed to bring the project back on schedule at no charge to the City. We are sure that the successful results of our past performance in the delivery of projects, along with our firm’s proven ability to utilize our experience for a complete and well-engineered project, will provide a valuable resource to the City. P R O J E C T A P P R O A C H Successful project delivery is our goal. Our definition of successful project delivery is: 115 P a g e | 22 Request for Proposal No. 2024-RFP-128 Walk and Roll PD Phase 3 – Pedestrian Improvements City of Palm Desert SECTION D | PROPOSED METHOD TO ACCOMPLISH THE WORK • Project completion that meets all project requirements • Project completion within budget • Project completion on schedule Our goal is not limited to the design of the project only, but includes the incorporation of value engineering and constructability review. Through the examination of specific design alternatives, we will identify the most cost- effective project alternative that meets design requirements and will provide for the greatest opportunity for expedited construction, which allows us to consistently deliver projects that use public resources in a very wise and responsible manner. We have developed this project approach in order to maintain an expertise in our core business of projects with tight budgetary constraints. With transportation projects, our experience tells us that there must be a proactive approach to completing the work in order to meet scheduling and community requirements. This approach includes early identification of critical design elements, familiarity with funding requirements, early utility coordination for relocation and accurate cost estimating throughout the entire process. In preparing this proposal, our team completed project site review, City goals and project constraints to establish key issues so we can be prepared to mobilize upon notice. C R I T I C A L I S S U E S TKE’s understanding of the project requirements is the key to successfully overcoming project challenges within the proposed project schedule. TKE has worked with similar projects. Our experience allows TKE to develop a much greater project understanding and will allow TKE to begin work on critical issues immediately after the project is awarded. I D E N T I F I C A T I O N O F C R I T I C A L D E S I G N E L E M E N T S Our approach to identification of critical issues will be to immediately initiate field review, perform very thorough records research, and document all the critical design elements so they can be presented to the City. This will provide a head start on instructing our survey team about what detailed information to collect. These elements include the location of any areas that will require special construction methods or ADA requirements, and location of existing utilities in order to ensure proper separation or establish relocation requirements early on during design. S T R E E T , D R I V E W A Y A N D P R O P E R T Y T R A N S I T I O N S For curb, gutter and sidewalk projects, transitions to existing improvements are typically the most challenging component of design. Street transitions will require that improvements be constructed at ultimate locations with interim design being implemented. Therefore, the improvements must be constructed so that no reconstruction of permanent improvements will be required, and interim transitions are safe and functional. For driveways, grades will require special attention. Construction of curb and gutter normally lowers flow lines grades to ensure desired street cross-sections can be developed. In addition, the sidewalk and driveway construction reduce the transition lengths. The combination of the two may create excessive grades if not appropriately designed. To ensure such does not occur, TKE will review survey data well into the properties and recommend construction of improvements beyond street right-of-way, if necessary, to minimize construction impacts on private driveway grades. For private improvements, it appears that private improvements such as fences, walls, and landscaping may be impacted by construction. TKE will identify such impacts early during project design and will develop an action plan for working with residents that may be impacted. Our goal will be to complete design that will adequately convey drainage at the same time as minimizing private property impacts. R I G H T -OF-W A Y Upon determination of project limits, TKE will assess right- of-way needs. It appears that right-of-way will be required for construction of curbs and adjacent sidewalk and right of entries or temporary construction rights-of-way may be needed for private improvement restoration. U T I L I T Y C O O R D I N A T I O N TKE will research existing facilities including water meters, light poles, fire hydrants, drainage facilities and utility pull boxes and vaults to identify any relocation requirements. Again, we will identify these facilities early in project design to begin coordination at the earliest 116 P a g e | 23 Request for Proposal No. 2024-RFP-128 Walk and Roll PD Phase 3 – Pedestrian Improvements City of Palm Desert SECTION D | PROPOSED METHOD TO ACCOMPLISH THE WORK opportunity. Agencies that maintain private utilities can be cumbersome in getting facilities relocated. Early coordination will prevent project delays. P U B L I C M E E T I N G S As presented in the RFP, public meetings including Council presentations may be needed. Public comments will be an important part of project design. TKE has considerable experience with public meetings. TKE will present the project design and discuss project features at these meetings. In addition, TKE will document all public comments and, as directed by the City, will incorporate these comments into the selected design for the project. TKE has provided similar services to many agencies and will provide effective public meetings. A C C U R A T E C O S T E S T I M A T I N G Our approach to controlling costs is to provide frequent and accurate cost estimates by using TKE’s detailed cost estimating database. In addition to using this database, TKE utilizes our considerable experience with Construction Management to assist in providing constructability reviews and cost estimating based on current information from our on-going projects. Finally, with the current economic climate, construction costs are widely varying. We will also discuss the project’s elements with local contractors to assure that we have the most current construction information available so that the City can get the most “bang for their buck”. S C O P E O F W O R K The Walk and Roll Phase 3 - Pedestrian Improvements Project includes the addition of sidewalks and crosswalks, ADA improvements to sidewalks, curbs and ramps, implementation of traffic calming measures (i.e. stop signs, narrowing of streets, speed humps) and sidewalk maintenance on the following identified streets: Fairhaven Drive from Fred Waring Drive to San Juan Drive; San Gorgonio Way from Monterey to San Pablo Avenue; De Anza Way from San Pablo to Portola Avenue; Catalina Way from San Pablo to Portola Avenue; San Pascual Avenue from Alessandro to Fred Waring Drive. TKE’s scope of services is as follows: P R O J E C T M A N A G E M E N T TKE provides effective project and construction management services to a variety of clients. We have successfully delivered street improvement, traffic improvement, and drainage improvement projects for the City of Palm Desert, the Counties of Riverside and San Bernardino, and Cities of Banning, Calimesa, Moreno Valley, Corona, Highland, Hesperia, Colton, Upland, Fontana, Yucaipa, Rialto, Redlands, El Monte, South El Monte, Wildomar, Lake Elsinore, and Riverside. TKE’s approach has consistently allowed our partner agencies to fulfill their missions of delivering the best value for the public’s investment. For this project, TKE will prepare a Project Management Plan (PMP). The PMP shall include descriptions, procedures, and controls for managing all aspects of the project. At a minimum, the PMP shall include the following sections: • Work Breakdown Structure • Project Team Organization • Communication Protocols • Anticipated Meetings and Presentations • Project Controls (Budget, Schedule, Earned Value, Monitoring, etc.) • Document Management • Quality Control TKE’s management approach includes: BIWEEKLY PROGRESS REPORTS, SCHEDULE AND PROGRESS REPORTS – TKE documents project progress for all project assigned to TKE by a comprehensive project management summary. The summary includes project name and related number, description of progress, budget status, schedule compliance, and anticipated upcoming accomplishments. TKE will submit a detailed, cost-loaded, project baseline schedule, and update the baseline schedule biweekly using actual dates and costs, and provide the monthly invoice to the City. TKE will identify any changes to the schedule and provide a recovery plan for any critical path activities which are delayed. TKE will submit a progress report biweekly and with the monthly invoice, with a narrative describing progress during the previous month, planned activities for the next month, 117 P a g e | 24 Request for Proposal No. 2024-RFP-128 Walk and Roll PD Phase 3 – Pedestrian Improvements City of Palm Desert SECTION D | PROPOSED METHOD TO ACCOMPLISH THE WORK coordination issues, critical project decisions, design schedule update, contract budget update including an earned value analysis, and other information as required. COMMUNICATION – Communications with agencies’ 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. RECORD KEEPING – 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. MEETINGS – 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 (Staff Reports, agendas, exhibits, slide shows, etc.) will be prepared by TKE for each meeting. Again, meetings will be documented. TKE will coordinate with and support City staff on all project- related issues. Provide project-related information within five days of requests for information by the City. If additional time is required, provide a written request for an extension. TKE has provided numerous similar presentations to Councils (closed sessions, council meetings, community meetings, etc.). PROGRESS MEETING – Progress meetings include all parties that have any interest in the project construction and are held weekly. TKE will attend progress review meetings, workshops, and other technical review sessions with the City and provide meeting agenda and meeting materials (figures, presentation slides, etc.) a minimum of five days ahead of the scheduled meeting time. TKE will provide meeting minutes summarizing the meeting, action items, and decisions within five days of the meeting or workshop. PUBLIC ENGAGEMENT – As required, TKE has included 6 public meeting in our scope of services. TKE’s Project Manager is experienced with public relations associated with public works projects. TKE performs initial site visits to all potentially affected properties. TKE identifies improvements that will benefit the property. Our approach builds a project coalition with the public which reduces public complaints at council meetings and provides a sense of ownership with the project. TKE’s Inspector also performs routine visits during construction to check on the property owners concerns and to see if there are any issues that need to be mitigated. GRANT WRITING SUPPORT – TKE will assist the City in pursuit of Grants. 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: • Local Partnership Program (LPP) • Safe, Accountable, Flexible, Efficient Transportation, Equity Act (SAFETEA-LU) • Highway Infrastructure Program (HIP) • Active Transportation Program (ATP) • Safe Route to School Program (SR2S) R E C O R D S R E S E A R C H We will thoroughly research existing survey records and acquire copies of all available records. The purpose of the records research is to assemble survey records to establish locations of street centerlines, street rights-of-way, and easements. The research will consist of assembling copies of assessors’ maps, tract maps, parcel maps, easement documents, monument ties, benchmark data, corner 118 P a g e | 25 Request for Proposal No. 2024-RFP-128 Walk and Roll PD Phase 3 – Pedestrian Improvements City of Palm Desert SECTION D | PROPOSED METHOD TO ACCOMPLISH THE WORK records, and street and storm drain improvement plans. We will request the City provide copies of available pertinent City records, such as survey ties, benchmarks, and street and storm drain improvement plans. D E S I G N S U R V E Y Topographic surveying includes collecting information required to adequately design ADA curb ramps improvements. Our field survey crew will locate existing street centerline monuments utilizing survey control data. The crew will measure the horizontal angle, horizontal distance, and vertical elevation difference between each survey monument. We will complete a traverse for each survey to ensure closure. Elevations will be tied to existing City benchmarks. We will collect appropriate detail as required including edge of pavement, driveways, curbs, gutters, cross gutters, walkways, sidewalks, landscaping, irrigation, fire hydrants, water valves, manholes, water meters, trees, signs, street lights, power poles, and all other visible features. M A P P I N G Utilizing survey data, we will prepare the base construction drawings on 24” by 36” sheets with the City’s standard title block using AutoCAD 2020 software, utilizing our standard layering system, at a drawing scale of 1” = 40’. Mapping will include a plan view. We will add the sheet north arrow, graphic scale, existing improvements and utilities (based on both assembled records and field data), property lines, public and private right-of-way, easement areas, assessor parcel numbers, street centerline, street names, water service location; sewer manhole lids and water valve lids; driveways, pedestrian ramps; traffic stripes and legends; curb returns; details of private improvements, fences, gates, irrigation systems, mailboxes, trees and landscaping, and survey data to the plan view portion of the drawings. Once the base drawings are complete, we will perform a careful field review to ensure all underground facilities are shown correctly. 6 5 % D E S I G N 65% Design will include preparation of construction drawings, technical specifications and construction estimates. Construction drawings will show proposed street and intersection geometrics including locations of proposed curb, gutter, sidewalk and ramps. In addition, street grades will be prepared to establish project grading and drainage requirements. The proposed improvements will be designed to minimize grading, earthwork, and transitions. For the drawings, it is estimated we will prepare 1 title sheet, 1 construction note sheet, 10 demolition sheets, 20 plan/profile sheets, 10 signing and striping sheets and necessary detail sheets. The title sheet shall include the title of the job, a vicinity map showing the City in relationship to surrounding communities, a location map showing the project limits, construction notes, an index for the drawings, list of references on the City’s standard title block. The construction note sheets will show general construction notes, a list of abbreviations used, benchmark data, general notes, utilities with phone numbers, and project specific requirements. The demolition sheets will show existing improvement demolition including limits of removal, saw cutting locations and limits and concrete cross gutters and curbs, if required. In addition, the plan will specify relocation of other improvements as required. Plan/profile sheets will show proposed improvements including curb and gutter, sidewalks, handicap ramps, pavement limits, overlay limits, signs, traffic stripes, existing utility relocations (if any), utility relocations, and sewer manhole, valve, and vault cover grade adjustments. For the profile portion of the drawings, we will show existing and proposed sidewalk elevations and proposed streets with appropriate design data. The signing and striping sheets will include all required pavement markings, lane stripes and signage in accordance with the MUTCD, California supplement and all other applicable City requirements, for the project limits. The sheets will be prepared at 1”=40’ scale and include full geometrical layouts at each intersection. 65% Design (construction drawings, right-of-way documents and approvals) will be submitted with a project summary memorandum together with an updated project schedule, utility contact matrix, stakeholder meeting summary, and internal plan review documentation. 119 P a g e | 26 Request for Proposal No. 2024-RFP-128 Walk and Roll PD Phase 3 – Pedestrian Improvements City of Palm Desert SECTION D | PROPOSED METHOD TO ACCOMPLISH THE WORK U T I L I T Y C O O R D I N A T I O N After 65% design is complete, plans will be sent to agencies having facilities in the project areas requesting that they verify their facilities are shown correctly and that they furnish any construction requirements they desire. We will begin coordination for permit acquisition and / or highlight each agency’s facilities and advise each of potential conflicts and relocation requirements. We will request that they respond within two weeks, and we will follow up with telephone calls to confirm all agency requirements have been incorporated. We will document all conferences with utilities and agencies and copy the City via e-mail. R I G H T -OF-W A Y E N G I N E E R I N G TKE will prepare and maintain a right-of-way acquisition map and will update it as right-of-way progresses. The map will show all required rights-of-way for project construction. The map will be prepared on a 24” by 36” sheet with City Standard title block using AutoCAD 2020 software at an appropriate drawing scale. All parcels will be identified with Assessor Parcel Number, width of required right-of-way acquisition and total acquisition area. TKE will prepare all necessary final right-of-way documents for the project including permanent and temporary construction right-of-way deeds and easements. We will prepare legal descriptions and plats for each parcel requiring acquisition. It is anticipated that the City will acquire appraisals for properties to be acquired and perform acquisition negotiations with each property owner. TKE estimates right-of-way document preparation for approximately 10 parcels. 9 0 % D E S I G N 90% design will include incorporation of City/Permitting Agencies/Utility Agency comments, revised plans, specifications, and estimates. 90% Design will be submitted with a project summary memorandum together with an updated project schedule and cost estimate. FIN A L U T I L I T Y C O O R D I N A T I O N After the 90% design is complete, we will again submit them to all agencies/utilities requesting that they verify their facilities are shown correctly and that they furnish any construction requirements they desire, having underground facilities in the project area requesting that they verify their facilities are shown correctly and we will advise them of the project construction schedule and relocation requirements and complete any required permit applications. In addition, we will coordinate final relocation construction prior to project bidding. We will document all meetings and conferences with utilities and agencies. F I N A L D E S I G N Final documents will include incorporation of TKE QA/QC review and any City comments. Final documents will include mylars and hard copy specifications and estimates with signatures and electronic copies of final documents B I D D I N G A N D C O N S T R U C T I O N S U P P O R T TKE will provide project pre-award services as needed including but not limited to preparation of bid documents, distribution of bid documents and advertisement, response to RFI’s during bid period, preparation of addenda as required, review of bid proposals, verification of contractor’s qualifications and experience, review of State license status, preparation of board agenda reports, and preparation of notice of award to the contractor. TKE will review construction contractor submittals, Requests for Information (RFIs), and proposed modifications. TKE will provide written recommendations on reviewed submittals, construction methods, and construction contractor requests for substitutions of materials. Submittals will be reviewed, and written comments returned to the City within five calendar days. Responses to RFIs or proposed modifications will be reviewed, and written recommendations returned to the City within three working days. TKE will prepare change order estimates and evaluate change order requests. TKE will perform on-site engineering support services as requested. TKE will provide technical support in negotiations of change orders with construction contractors. 120 P a g e | 27 Request for Proposal No. 2024-RFP-128 Walk and Roll PD Phase 3 – Pedestrian Improvements City of Palm Desert SECTION D | PROPOSED METHOD TO ACCOMPLISH THE WORK TKE will attend meetings with City staff to discuss items during construction. Provide written meeting minutes to City within three working days from meeting. 121 P a g e | 28 Request for Proposal No. 2024-RFP-128 Walk and Roll PD Phase 3 – Pedestrian Improvements City of Palm Desert SECTION D | PROPOSED METHOD TO ACCOMPLISH THE WORK P R O J E C T S C H E D U L E 122 Subconsultants Total Task No.Task Hours $Hours $Hours $Hours $Hours $Hours $Hours $$ 1.Project Management 16 2,800$ 24 3,960$ -$ -$ -$ 24 2,160$ -$ -$ 8,920$ 2.Initial "Kick Off" Meeting 4 700$ 4 660$ -$ -$ -$ 2 180$ -$ -$ 1,540$ 3.Records Research 2 350$ 2 330$ 2 350$ -$ 8 1,160$ 8 720$ -$ -$ 2,910$ 4.Design Surveying -$ 4 660$ 4 700$ -$ 8 1,160$ -$ 88 22,880$ -$ 25,400$ 5.Base Construction Drawings 2 350$ 8 1,320$ -$ 80 12,400$ 120 17,400$ -$ -$ -$ 31,470$ 6.65% Design 8 1,400$ 112 18,480$ -$ 200 31,000$ 280 40,600$ 16 1,440$ -$ -$ 92,920$ 7.65% Design Review Meeting 4 700$ 4 660$ -$ -$ -$ 2 180$ -$ -$ 1,540$ 8.Utility Coordination 2 350$ 2 330$ -$ 4 620$ 8 1,160$ 8 720$ -$ -$ 3,180$ 9.Right-of-Way Engineering 2.)4 700$ -$ 12 2,100$ 32 4,960$ 64 9,280$ -$ -$ 87,013$ 104,053$ 10.90% Design 8 1,400$ 56 9,240$ -$ 100 15,500$ 140 20,300$ 16 1,440$ -$ -$ 47,880$ 11.90% Design Review Meeting 4 700$ 4 660$ -$ -$ -$ 2 180$ -$ -$ 1,540$ 12.Final Utility Coordination 2 350$ 2 330$ -$ 2 310$ 4 580$ 8 720$ -$ -$ 2,290$ 13.Final Design 2 350$ 24 3,960$ -$ 64 9,920$ 80 11,600$ 8 720$ -$ -$ 26,550$ Subtotal:58 10,150$ 246 40,590$ 18 3,150$ 482 74,710$ 712 103,240$ 94 8,460$ 88 22,880$ 87,013$ 350,193$ Reimbursables (@1%)1.):10,506$ Project Total 2.):360,699$ Rounded Project Total:360,700$ Rates:Notes: Project Manager 175$ /HR 1.) Reimbursables Include Cost for Prints, Copies, Mileage, Etc. Project Engineer 165$ /HR 2.) Assumes Legal and Plat Preparation for 7 Parcels Senior Surveyor 175$ /HR 3.) Subconsultant Fee for Land Acquisition and Appraisal Services for 7 Parcels Associate Engineer 155$ /HR Assistant Engineer/Designer 145$ /HR Clerical 90$ /HR Survey Crew 260$ /HR TKE Engineering, Inc. City of Palm Desert 2024-RFP-128 Walk and Roll PD Phase 3 - Pedestrian Improvements Project Project Manager Project Engineer Assistant Engineer/DesignerSenior Surveyor Survey Crew Fee Schedule Breakdown Clerical Associate Engineer 123 124 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 10th day of October, 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 2305 Chicago Avenue, Riverside, CA 92507 ("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: Walk and Roll PD – Phase 3 Pedestrian Improvements Project No. CST00002 (hereinafter referred to as “the Project”). 2.2 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant is duly licensed and has the necessary qualifications to provide such services. 3. Terms. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from October 10, 2024, to December 31, 2025, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. 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 125 Contract No. ___________ 2 Revised 01-2024 BBK 72500.00001\32374915.1 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 "A" 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: Terry Renner, Senior Vice President. 3.2.5 City's Representative. The City hereby designates Jess Culpeper, Director of Capital Projects, 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 Terry Renner, Senior Vice President, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants, and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants 126 Contract No. ___________ 3 Revised 01-2024 BBK 72500.00001\32374915.1 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” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation. Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 3.2.10 Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. 127 Contract No. ___________ 4 Revised 01-2024 BBK 72500.00001\32374915.1 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 $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. (B) Automobile Liability Insurance. 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 128 Contract No. ___________ 5 Revised 01-2024 BBK 72500.00001\32374915.1 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 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. 129 Contract No. ___________ 6 Revised 01-2024 BBK 72500.00001\32374915.1 (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 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. 130 Contract No. ___________ 7 Revised 01-2024 BBK 72500.00001\32374915.1 (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. (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. 131 Contract No. ___________ 8 Revised 01-2024 BBK 72500.00001\32374915.1 § 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 “A” attached hereto and incorporated herein by reference. The total compensation shall not exceed THREE HUNDRED SIXTY THOUSAND SEVEN HUNDRED Dollars ($360,700.00) without written approval of the City Council or City Manager, as applicable. 3.3.2 Payment of Compensation. Consultant shall submit to City monthly invoices which provide a detailed description of the Services and hours rendered by Consultant. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Consultant shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination of this Agreement and failure by the Consultant to submit a timely invoice may constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City or included in Exhibit "A" of this Agreement. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City. 3.4 Labor Code Requirements. 3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties 132 Contract No. ___________ 9 Revised 01-2024 BBK 72500.00001\32374915.1 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. 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 133 Contract No. ___________ 10 Revised 01-2024 BBK 72500.00001\32374915.1 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. 2305 Chicago Avenue Riverside, CA 92507 ATTN: Terry Renner, Senior Vice President City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 ATTN: Lucero Leyva, Capital Projects 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 134 Contract No. ___________ 11 Revised 01-2024 BBK 72500.00001\32374915.1 shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. 3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by professionals other than Consultant or its subconsultants, or those provided to Consultant by the City. 3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents, and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment, or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant. 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 135 Contract No. ___________ 12 Revised 01-2024 BBK 72500.00001\32374915.1 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. 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. 136 Contract No. ___________ 13 Revised 01-2024 BBK 72500.00001\32374915.1 3.6.7 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. 3.6.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. 3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.6.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.6.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. 3.6.12 Assignment; Subcontracting. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 3.6.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, volunteers, and representatives except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 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 137 Contract No. ___________ 14 Revised 01-2024 BBK 72500.00001\32374915.1 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] 138 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 Thornton President By: Terry Renner Senior Vice President QC: _____ Insurance: _____ Initial Review _____ Final Approval 139 Contract No. ___________ Exhibit “A” Revised 01-2024 BBK 72500.00001\32374915.1 EXHIBIT “A” SCOPE OF SERVICES AND COMPENSATION 140 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: October 10, 2024 PREPARED BY: Bassam AL-Beitawi, Senior Project Manager Randy Chavez, Deputy Public Works Director SUBJECT: AWARD CONTRACT TO DBX, INC., OF TEMECULA, CALIFORNIA, FOR THE MARKET PLACE DRIVE AND COOK STREET TRAFFIC SIGNAL IMPROVEMENTS (PROJECT NO. CTS0001) RECOMMENDATION: 1. Award a contract to DBX, Inc., of Temecula, California, in the amount of $464,580, plus a $47,000 contingency, for the Market Place Drive and Cook Street Traffic Signal Improvements. 2. Authorize the City Attorney to make necessary nonmonetary changes to the contract. 3. Authorize the City Manager to execute the agreement and any written requests for change orders up to the contingency amount, amendments, and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code. 4. Authorize the City Manager to execute the Notice of Completion (NOC) and the City Clerk to file the NOC upon satisfactory completion of the Project. BACKGROUND/ANALYSIS: The Market Place Drive and Cook Street Traffic Signal Improvements project include s the installation of a new traffic signal at the currently unsignalized intersection of Cook Street and Market Place Drive. This signal was identified as a mitigation measure in the Environmental Impact Report for the DSRT Surf Project (May 2019). In addition to the signal installation, the project includes ADA-compliant curb ramps, sidewalks, and a range of infrastructure enhancements designed to improve accessibility and ensure seamless regional traffic synchronization thereby contributing to a safer and more efficient transportation network. The City advertised the project and received five bids by September 17, 2024, as follows: Contractor Location Total Bid DBX, Inc. Temecula, CA $464,580.00 Elecnor Belco Electric, Inc. Chino, CA $468,888.00 PTM General Engineering Services, Inc. Riverside, CA $474,074.00 Crosstown Electric & Data, Inc. Irwindale, CA $530,789.00 Alfaro Communications Construction, Inc. Compton, CA $565,028.02 DBX, Inc., submitted the lowest responsive bid. The apparent low bid has been reviewed and found to be in full compliance with all bid requirements. The project is scheduled for completion 141 City of Palm Desert Market Place Drive and Cook Street Traffic Signal Improvements Page 2 of 2 within 90 days of the issuance of the Notice to Proceed, with an expected completion by February 2024. Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: The Market Place Drive and Cook Street Traffic Signal Improvements Project is included in the approved Fiscal Year 2024-25 Capital Improvement Project (CIP) List through Measure A Fund, Account No. 2134385-5000911, and the Traffic Signal Fund, Account No. 2344250-4400100; therefore, there is no financial impact on the General Fund. In addition, the DSRT Surf developer is required to contribute its fair share of the costs for installing the traffic signal at the intersection of Cook Street and Market Place Drive, with the contribution set at 12.1%. Account Budget Project Cost Balance 2134385-5000911 $331,707 2344250-4400100 $460,075 Design – Advantec C45300 $100,610 Design – Contingency $10,000 *Construction – DBX $464,580 *Construction - Contingency $47,000 Total $791,782 $622,190 $169,592 DSRT Surf Contribution (12.1%) ($75,285) Total Project Cost $546,905 *Current request ATTACHMENTS: 1. Agreement 2. Payment and Performance Bonds 3. Contractor’s Proposal 4. Vicinity Map 142 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 10th day of October, 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 DBX, a Corporation, with its principal place of business at 42024 Avenida Alvarado, Suite A, Temecula, CA 92590 ("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: Market Place Drive and Cook Street Traffic Signal Improvements Project No. CTS00001 (hereinafter referred to as “the Project”). 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 90 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 FOUR HUNDRED SIXTY FOUR THOUSAND FIVE HUNDRED EIGHTY DOLLARS AND NO CENTS ($464,580.00). 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 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 143 Contract No. ___________ 2 Revised 01-2024 BBK 72500.00001\32374943.1 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 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. 144 Contract No. ___________ 3 Revised 01-2024 BBK 72500.00001\32374943.1 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; (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 Co ntract. 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. 145 Contract No. ___________ 4 Revised 01-2024 BBK 72500.00001\32374943.1 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 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; 146 Contract No. ___________ 5 Revised 01-2024 BBK 72500.00001\32374943.1 (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. [Reserved]. 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 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 147 Contract No. ___________ 6 Revised 01-2024 BBK 72500.00001\32374943.1 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 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 148 Contract No. ___________ 7 Revised 01-2024 BBK 72500.00001\32374943.1 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. 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. 149 Contract No. ___________ 8 Revised 01-2024 BBK 72500.00001\32374943.1 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. 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] 150 Contract No. ___________ 9 Revised 01-2024 BBK 72500.00001\32374943.1 SIGNATURE PAGE TO LONG FORM CONSTRUCTION AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND DBX, 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 DBX, A CORPORATION By: James C. Perry President By: James C. Perry Secretary/Treasurer Contractor’s License Number and Classification DIR Registration Number (if applicable) City Clerk QC: _____ Contracts QC: _____ Insurance: _____ Initial Review _____ Final Approval _____ Bonds 151 152 Contract No. ___________ Exhibit “C” Revised 11-2-20 BBK 72500.00001\32374915.1 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded to DBX, Inc., (hereinafter referred to as the “Contractor”) an agreement for Market Place Drive and Cook Street Traffic Signal Improvements (hereinafter referred to as the “Project”). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated October 10, 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, DBX, 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 Four Hundred Sixty Four Thousand Five Hundred and Eighty Dollars, ($464,580.00), 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 153 Contract No. ___________ (2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code. [SIGNATURES ON NEXT PAGE] 154 Contract No. ___________ IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20____. (Corporate Seal) Contractor/ Principal By ____________________ ____ Printed name: _______________________ Title: ______________________________ (Corporate Seal) Surety By: ________________________________ Printed Name: _______________________ 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. 155 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 156 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 157 Contract No. ___________ PAYMENT BOND KNOW ALL PERSONS BY THESE PRESENTS That WHEREAS, the City of Palm Desert (hereinafter designated as the “City”), by action taken or a resolution passed October 10, 2024, has awarded to DBX, Inc., hereinafter designated as the “Principal,” a contract for the work described as follows: Market Place Drive and Cook Street Traffic Signal Improvements (the “Project”).; and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated October 10, 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 Four Hundred Sixty Four Thousand Five Hundred and Eighty Dollars, ($464,580.00) 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 158 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] 159 Contract No. ___________ IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__. (Corporate Seal) Contractor/ Principal By ____________________ ____ Printed name: _______________________ Title: ______________________________ (Corporate Seal) Surety By: ________________________________ Printed Name: _______________________ 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. 160 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 161 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 162 City of Palm Desert CP - Capital Improvement Projects Jess Culpeper, Director of Capital Projects 73-510 Fred Waring Drive, Palm Desert, CA 92260 [DBX, INC.] RESPONSE DOCUMENT REPORT IFB No. CTS00001 Market Place Drive and Cook Street Traffic Signal Improvements RESPONSE DEADLINE: September 17, 2024 at 2:00 pm Report Generated: Friday, September 20, 2024 DBX, INC. Response CONTACT INFORMATION Company: DBX, INC. Email: dbxinc@hotmail.com Contact: JAMES PERRY Address: 42024 AVENIDA ALVARADO SUITE A TEMECULA, CA 92590 Phone: (951) 296-9909 Website: www.dbxincorporated.com Submission Date: Sep 17, 2024 1:32 PM (Pacific Time) 163 [DBX, INC.] RESPONSE DOCUMENT REPORT IFB No. CTS00001 Market Place Drive and Cook Street Traffic Signal Improvements [DBX, INC.] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Market Place Drive and Cook Street Traffic Signal Improvements Page 2 ADDENDA CONFIRMATION Addendum #1 Confirmed Sep 10, 2024 9:13 AM by JAMES PERRY QUESTIONNAIRE 1. BID ACKNOWLEDGMENT* 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 CTS00001 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. 164 [DBX, INC.] RESPONSE DOCUMENT REPORT IFB No. CTS00001 Market Place Drive and Cook Street Traffic Signal Improvements [DBX, INC.] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Market Place Drive and Cook Street Traffic Signal 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 Contr actor for the performance of 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. 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). 165 [DBX, INC.] RESPONSE DOCUMENT REPORT IFB No. CTS00001 Market Place Drive and Cook Street Traffic Signal Improvements [DBX, INC.] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Market Place Drive and Cook Street Traffic Signal Improvements Page 4 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: N/A Vendor ID: N/A 5. Enter Surety Company "Name" who Issued Bid Guarantee * This information will be verified against the California Department of Insurance Website. The Ohio Casualty Insurance Company Click to Verify Value will be copied to clipboard 166 [DBX, INC.] RESPONSE DOCUMENT REPORT IFB No. CTS00001 Market Place Drive and Cook Street Traffic Signal Improvements [DBX, INC.] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Market Place Drive and Cook Street Traffic Signal Improvements Page 5 6. DESIGNATION OF SUBCONTRACTORS* Please download the below documents, complete, and upload. • DESIGNATION_OF_SUBCONTRACTO... DESIGNATION_OF_SUBCONTRACTORS.pdf 7. BIDDER INFORMATION AND EXPERIENCE FORM* Please download the below documents, complete, and upload. • BIDDER_INFORMATION_AND_EXPE... BIDDER_INFORMATION_AND_EXPERIENCE_FORM.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, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, prof it, or cost element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does exec ute, this declaration on behalf of the Bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 167 [DBX, INC.] RESPONSE DOCUMENT REPORT IFB No. CTS00001 Market Place Drive and Cook Street Traffic Signal Improvements [DBX, INC.] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Market Place Drive and Cook Street Traffic Signal Improvements Page 6 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 sections 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 10. 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. 1000004242 Click to Verify Value will be copied to clipboard 11. Enter your valid CA Contractors State License Board (CSLB) number* Please enter your License Number here. This will be verified against the state database. 168 [DBX, INC.] RESPONSE DOCUMENT REPORT IFB No. CTS00001 Market Place Drive and Cook Street Traffic Signal Improvements [DBX, INC.] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Market Place Drive and Cook Street Traffic Signal Improvements Page 7 240547 Click to Verify Value will be copied to clipboard 12. 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 13. 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 “Regulatio n”). 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 Co mpliance have been attached hereto. 14. Fleet Compliance Documentation* Please attach supporting documentation for the selection made in the above item. dbx,_inc._-_California_Air_Resources_Board__Off-Road_Diesel-Fueled_Fleets_Regulation.pdf 15. Type of Business* C Corporation (if corporation, two signatures are required) 16. Type your Legal Company Name Here* State your Company's Name Here. This will be verified against the California Secretary of State's Website. 169 [DBX, INC.] RESPONSE DOCUMENT REPORT IFB No. CTS00001 Market Place Drive and Cook Street Traffic Signal Improvements [DBX, INC.] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Market Place Drive and Cook Street Traffic Signal Improvements Page 8 DBX, Inc. Click to Verify Value will be copied to clipboard 17. How many years has Bidder’s organization been in business as a Contractor? * 58 18. 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 James C. Perry, President/Secretary/Treasurer 42024 Avenida Alvarado, Suite A, Temecula, CA 92590 dbxinc@hotmail.com 951-296-9909 19. Nondiscrimination Certification* The City of Palm Desert is committed to promoting equal opportunity in its contracting activities. We ensure that all individuals seeking to do business with the city treat contractors, subcontractors, and employees fairly, without discrimination based on race, color, religion, ancestry, national origin, disability, medical condition, marital status, domestic partner status, sex, gend er, gender identity, gender expression, sexual orientation, or membership in any other protected class. 170 [DBX, INC.] RESPONSE DOCUMENT REPORT IFB No. CTS00001 Market Place Drive and Cook Street Traffic Signal Improvements [DBX, INC.] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Market Place Drive and Cook Street Traffic Signal Improvements Page 9 For any purchase exceeding $10,000, vendors must certify compliance with the City’s nondiscrimination policy (G.C. 3.30.200) before contract award. No contract will be awarded until the contractor submits this certification. By clicking the confirmation box below, the vendor certifies that they have read the code and agree to comply with its requirements. Failure to comply may result in termination of any agreement entered into with the vendor. Confirmed PRICE TABLES CONSTRUCTION SERVICES Line Item Description Quantity Unit of Measure Unit Cost Total 1 Mobilization 1 LS $9,000.00 $9,000.00 2 Traffic Control 1 LS $12,000.00 $12,000.00 3 As-builts 1 LS $2,500.00 $2,500.00 4 Clearing and Grubbing 1 LS $6,500.00 $6,500.00 TOTAL $30,000.00 ROADWAY IMPROVEMENTS Line Item Description Quantity Unit of Measure Unit Cost Total 5 Construct Curb Ramp per Caltrans Type F 1 LS $15,000.00 $15,000.00 6 Construct Concrete Curb and Gutter 7 LF $400.00 $2,800.00 171 [DBX, INC.] RESPONSE DOCUMENT REPORT IFB No. CTS00001 Market Place Drive and Cook Street Traffic Signal Improvements [DBX, INC.] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Market Place Drive and Cook Street Traffic Signal Improvements Page 10 Line Item Description Quantity Unit of Measure Unit Cost Total 7 Construct Concrete Sidewalk 1,000 SF $28.00 $28,000.00 8 Sawcut Existing Sidewalk 16 LF $150.00 $2,400.00 9 Sawcut and Join Existing Pavement 21 LF $280.00 $5,880.00 10 Unclassified Excavation 1 LF $3,500.00 $3,500.00 11 Install Handrail (APWA Std Plan No. 606-5) 20 LF $650.00 $13,000.00 TOTAL $70,580.00 TRAFFIC SIGNAL IMPROVEMENTS Line Item Description Quantity Unit of Measure Unit Cost Total 12 Traffic Signal Installation 1 LS $330,000.00 $330,000.00 TOTAL $330,000.00 SIGNING AND STRIPING Line Item Description Quantity Unit of Measure Unit Cost Total 13 Signing, Striping, and Pavement Marking 1 LS $34,000.00 $34,000.00 TOTAL $34,000.00 172 Vicinity Map Proposed Traffic Signal Country Club Dr. C o o k S t. Market Place Dr. 173 174 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: October 10, 2024 PREPARED BY: Mike Rowe, City Engineer SUBJECT: RELEASE MAINTENANCE BOND FOR PM 37512 FOR THE REVEL LOCATED AT 74300 COUNTRY CLUB DRIVE RECOMMENDATION: Release Maintenance Bond in the amount of $5,096.07 for PM 37512 for the Revel located at 74300 Country Club Drive. BACKGROUND/ANALYSIS: On November 15, 2018, the City Council approved by Resolution No. 2018 -87, a request by The Wolff Company (6710 E. Camelback Road, Ste. 100, Scottsdale, AZ 85251) to construct a senior living project of 164 dwelling units and a clubhouse located 74300 Country Club Drive. On June 8, 2023, the City Council accepted the public improvements and authorized the release of Faithful Performance and Labor and Materials Bonds and accepted the Maintenance Bond in the amount $5,096.07 submitted by the applicant as a cash deposit. Pursuant to the Palm Desert Municipal Code Section 26.28.140, the City of Palm Desert requires the submittal of a Maintenance Bond (or cash deposit) to be held for a one -year after completion of improvements. The maintenance period has expired, and Public Works staff inspected the site and found no deficiencies FINANCIAL IMPACT: The public improvements for this project are incorporated in the Public Works maintenance schedule. There is no additional anticipated cost to the General Fund for th ese improvements. ATTACHMENTS: 1. Maintenance Bond (cash deposit) 2. Vicinity Map 175 176 177 178 179 180 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: October 10, 2024 PREPARED BY: Joe Barron, Senior Contract Analyst Jessica Gonzalez, Housing Manager Veronica Chavez, Director of Finance SUBJECT: THIRD AMENDED AND RESTATED DDLA AND ACTIONS RELATED TO THE CONVEYANCE OF THE PARCELS IDENTIFIED AS APN 694-120- 028 AND A PORTION OF 694-120-029 FOR AFFORDABLE HOUSING RECOMMENDATION: 1. Adopt a Resolution (City) entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A THIRD “AMENDED AND RESTATED DISPOSITION, DEVELOPMENT AND LOAN AGREEMENT” REGARDING “PALM VILLAS AT MILLENIUM” AMONG THE CITY, AS LESSOR, THE PALM DESERT HOUSING AUTHORITY, AS LENDER, AND PALM COMMUNITIES, A CALIFORNIA LIMITED PARTNERSHIP, AS LESEE/ BORROWER/ DEVELOPER, IN CONNECTION WITH APPROXIMATELY 10.49 ACRES OF PROPERTY OWNED BY THE CITY, AND TAKING RELATED ACTIONS.” 2. Adopt a Resolution (Housing Authority) entitled, “A RESOLUTION OF THE PALM DESERT HOUSING AUTHORITY APPROVING A THIRD “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 CORPORATION, AS BUYER/ BORROWER/ DEVELOPER, APPROPRIATING FUNDS IN CONNECTION THEREWITH, AND TAKING RELATED ACTIONS.” 3. Authorize Mayor/Chairperson, 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 Third Amended and Restated DDLA. BACKGROUND/ANALYSIS: On October 13, 2022, the City Council approved the conveyance of a City owned 10-acre parcel, identified as APN 694-120-028, and a 0.49-acre parcel, identified as a portion of APN 694-120- 029 (the "Property") to Palm Communities, Inc. ("Developer"). The Authority Board approved two loans from the Authority’s Low- and Moderate-Income Housing Asset Fund (“Housing Fund”) totaling $6,755,000 to the Developer, pursuant to a Disposition, Development and Loan Agreement, dated November 23, 2022 ("DDLA"), for the purchase of the Property and construction of 239 affordable housing units and two manager units in two phases ("Project"). The DDLA has since been amended on June 14, 2023, and again on April 11, 2024. The Developer has requested a third extension to ensure success in meeting the agreement terms. 181 City of Palm Desert Third Amended and Restated DDLA – Palm Communities Page 2 of 3 The Developer believes they will make the December 31, 2024, deadline for funding of Phase 1 and is now requesting an amendment to the Second Amended and Restated DDLA pursuant to the proposed Third Amended and Restated DDLA. The Developer requested an amendment to the DDLA to extend the escrow conveyance for Phase I to August 31, 2025, and extend the Phase I Project completion date to February 28, 2028, and for Phase II extend the escrow conveyance to August 31, 2028 , and extend Project completion date to February 28, 2031 All other terms remain in full effect. If the required funding sources are awarded to the Project, the City-owned Property will be sold, subject to satisfaction of the conditions to closing for a two -phased Project. These conditions are typical for a DDLA, including the recording of a parcel map, payment of grading permit fees, final parcel map fees, and the recording of certain easements (which may occur at the close of escrow) for access over a portion of adjacent property owned by the City (to allow sand removal adjacent to a future boundary wall) The attached City and Authority resolutions ap prove the Third Amended and Restated DDLA, including the exhibits attached thereto, substantially in the form presented to the City Council and Authority Board at this meeting. Project: The Project will be operated for a period of fifty -five (55) years following the date of Certificate of Occupancy ("COO") for each phase of the Project, to provide rental housing affordable to persons and families of low and extremely low income , in accordance with the affordability restrictions contained in the Second Amen ded and Restated DDLA, as well as the Tax-Exempt Bonds, 4% Federal Tax Credits, State Tax Credits, County Loan , and PBVs being used to finance the two phases of the Project. To the extent necessary, the Authority will subordinate the deed of trust securing the two Loans (as described below) to the liens and encumbrances of the Project's construction and permanent lenders. However, the City and Authority will not subordinate their interests in the Density Bonus Housing Agreements (described below) or the Authority Housing Agreements (described below) to such liens or encumbrances. Density Bonus Housing Agreements: In order to develop the 241-unit Project (121 units in Phase I and 120 units in Phase II), the approved entitlements include the use of the City's Density Bonus Ordinance, which also allows for fewer parking spaces to be included in the Project than required by the City's Municipal Code. The Density Bonus provision was able to be used by the Project because at least 20% of the units will be restricted to very-low Income households. The two Density Bonus Housing Agreements have a term of fifty-five (55) years from COO and restrict 12 units in each phase to very-low-income households, for a total of 24 Density Bonus units. Authority Loans: To support the project, the Authority will provide two loans. The loans shall be in the principal amount of $1,965,539 (Phase I) and $4,789,461 (Phase II) and will be made from the Authority's Housing Asset Fund. They will commence on the effective date of the Loan Agreements, have a term of fifty-five (55) years from the COO, bear simple interest at three percent (3%) per annum, and will be repaid from a proportional share (50%) of the Project's residual receipts. The Authority Loans will be due and payable at the end of the loan term. The 182 City of Palm Desert Third Amended and Restated DDLA – Palm Communities Page 3 of 3 Phase I Authority Loan will be used to acquire the Phase I parcel , and the Phase II Authority Loan will be used to acquire the Phase II parcel and for some of the Phase II construction costs. Total development costs for the Project, including land costs, are estimated at $153,839,000 ($82,160,000 for Phase I and $71,679,000 for Phase II). The Project is intended to be funded by leveraging multiple funding sources, including Tax-Exempt Bond proceeds, 4% Federal Tax Credits, State Tax Credits, a $6,700,000 County Loan, an aggregate of one hundred and twenty (120) PBVs provided by the County, a deferred developer fee, and the Authority Loans. By making the Authority Loans to the Developer, the City and Authority will benefit from 239 units restricted to extremely low-, very low-, and low-income households for a term of 55-years. Therefore, staff requests approval of the Third Amended and Restated DDLA. Upon notification of award to the Developer by the proposed funding sources, staff and legal counsel will finalize, execute, and record agreements and necessary documents to effectuate the reso lutions, including the conveyance of the Property, the funding commitments, and related actions for the Project as set forth in the Third Amended and Restated DDLA Legal Review: This report has been reviewed by Special Legal Counsel. Strategic Plan: A priority of the City's Strategic Plan, as part of Land, Use, Housing and Open Space, is to facilitate development of high-quality housing for people of all income levels. This request meets that objective by diversifying the City's housing stock for lower income households. FINANCIAL IMPACT: Funds in the amount of $6,755,000 have been appropriated in the Authority Housing Asset Fund intended as a loan for this project. The funding will only be provided upon the Developer’s satisfaction of the DDLA terms and condition, including providing proof, satisfactory to the Authority, that the Developer has secured financing commitment from all other sources of funding to consider the Project as permit-ready. ATTACHMENTS: 1. City Resolution 2. Authority Resolution 3. Third Amended and Restated Disposition, Development and Loan Agreement 183 184 RESOLUTION NO. ____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A THIRD “AMENDED AND RESTATED DISPOSITION, DEVELOPMENT AND LOAN AGREEMENT” REGARDING “PALM VILLAS AT MILLENIUM” AMONG THE CITY, AS LESSOR, THE PALM DESERT HOUSING AUTHORITY, AS LENDER, AND PALM COMMUNITIES, A CALIFORNIA LIMITED PARTNERSHIP, AS LESEE/ BORROWER/DEVELOPER, IN CONNECTION WITH APPROXIMATELY 10.49 ACRES OF PROPERTY OWNED BY THE CITY, AND TAKING RELATED ACTIONS RECITALS: A. Pursuant to AB X1 26 (enacted in June 2011) and the California Supreme Court’s decision in California Redevelopment Association, et al. v. Ana Matosantos, et al., 53 Cal. 4th 231 (2011), the former Palm Desert Redevelopment Agency (“Former Agency”) was dissolved as of February 1, 2012. B. Pursuant to Health and Safety Code Section 34176(b), the City Council of the City of Palm Desert (“Cit y”) adopted Resolution No. 2012-07, electing for the City to not retain the responsibility for performing housing functions previously performed by the Former Agency, and determining that all of the assets, as allowed by law, and all rights, powers, liabilities, duties, and obligations associated with the housing activities of the Former Agency be transferred to the Palm Desert Housing Authority (“Authority”). C. The City owns that approximately ten and one-half (10.49) acre site located in the City, identified as APN 694-120-028 and a portion of APN 694-120-029, as more particularly described in Exhibit A to the form of the Third Amended and Restated Disposition, Development and Loan Agreement, dated as of October 10, 2024 (“Third Amended and Restated DDLA”) by and among the City, the Authority and Palm Communities (“Developer”) attached hereto as Exhibit “A” (“Property”). D. The City, Authority and Developer previously entered into a Disposition, Development and Loan Agreement, dated November 23, 2022, and the Amended and Restated Disposition and Development Agreement, dated June 22, 2023 (the “First Amended and Restated DDLA”), and the Second Amended and Restated Disposition and Development Agreement, dated April 11, 2024 (the “Second Amended and Restated DDLA”) , to provide for the conveyance of the Property to the Developer and the construction by the Developer of 239 affordable housing units, which shall be made available to and occupied by low and extremely low income households, and two on -site manager units (“Project”).In order to facilitate obtaining necessary financing for the development of the Property, Developer, City and Authority desire to amend and restate the First DDA in order to (i) eliminate the phasing of the development of the Property; (iii) alter the amount and terms of the Authority loan described in the First DDA; and (iv) extend the deadline for closing the transaction. 185 RESOLUTION NO. -2- 12812-0001\2726242v1.doc E. The Third Amended and Restated DDLA contemplates that the Developer construct, in one phase, two hundred forty-one (241) units of housing, two hundred thirty- nine (239) of which shall be made available to and occupied by low -income households and extremely low-income households, and two (2) of which shall be on -site manager’s units. F. The City Council desires to adopt this Resolution to approve the Developer’s purchase of the Property from the City pursuant to the Third Amended and Restated Disposition, Development and Loan Agreement by and among the City, the Developer and the Palm Desert Housing Authority, as lender, attached hereto as Exhibit “A” (the Third “Amended and Restated DDLA”), including the Housing Agreements attached thereto (as exhibits) which constitutes the density bonus agreement, the City loan for the purchase prices, subject to the conditions to closing and closing deadlines in the Third Amended and Restated DDLA and the pre-closing deadlines for construction. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. The above recitals are true and correct and are a substantive part of this Resolution. SECTION 2. In accordance with Government Code Section 37364, the City Council hereby finds that the Property can be used to provide housing affordable to persons and families of low or moderate income and that this use is in the City’s best interests. SECTION 3. The Third Amended and Restated DDLA in the form attached hereto as Exhibit “A” is hereby approved. The City Manager of the City is hereby authorized to execute and deliver the Third Amended and Restated DDLA, for and in the name of the City, in substantially such form, with changes therein as the City Manager may approve (such approval to be conclusively evidenced by the execution and delivery thereof). SECTION 4. The members of the City Council and the officers and staff of the City are hereby authorized, jointly and severally, to take any other such actions as they deem necessary or proper to effectuate the purposes of this Resolution and the Third Amended and Restated DDLA, and all actions previously taken are hereby ratified and confirmed. The City Manager of the City is authorized to execute, deliver and record, on behalf of the Authority, all documents contemplated by the Third Amended and Restated DDLA. SECTION 5. The City Clerk shall certify to the adoption of this Resolution and the same shall take effect and be in force. PASSED, APPROVED, AND ADOPTED this 10TH day of October 2024. AYES: NOES: 186 RESOLUTION NO. -3- 12812-0001\2726242v1.doc ABSENT: ABSTAIN: KARINA QUINTANILLA MAYOR ATTEST: ANTHONY J. MEJIA, CITY CLERK 187 EXHIBIT “A” FORM OF THIRD AMENDED AND RESTATED DDLA (Attached.) 188 RESOLUTION NO. HA-________ A RESOLUTION OF THE PALM DESERT HOUSING AUTHORITY APPROVING A THIRD “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 CORPORATION, AS BUYER/BORROWER/DEVELOPER, APPROPRIATING FUNDS IN CONNECTION THEREWITH, AND TAKING RELATED ACTIONS RECITALS: A. Pursuant to AB X1 26 (enacted in June 2011) and the California Supreme Court’s decision in California Redevelopment Association, et al. v. Ana Matosantos, et al., 53 Cal. 4th 231 (2011), the former Palm Desert Redevelopment Agency (the “Former Agency”) was dissolved as of February 1, 2012, the Successor Agency to the Palm Desert Redevelopment Agency (the “Successor Agency”), as the successor entity to the Former Agency, was constituted, and a board of the Successor Agency (the “Board”) was established. B. AB X1 26 added Part 1.8 (commencing with Section 34161) and Part 1.85 (commencing with Section 34170) to Division 24 of the California Health and Safety Code (“HSC”) (such Parts 1.8 and 1.85, including amendments and supplements enacted after AB X1 26, being referred to herein as the “Dissolution Act”). C. Pursuant to HSC Section 34176(b), the City Council of the City of Palm Desert (the “City”) adopted Resolution No. 2012-07, electing for the City to not retain the responsibility for performing housing functions previously performed by the Former Agency, and determining that all of the assets, as allowed by law, and all rights, powers, liabilities, duties, and obligations associated with the housing activities of the Former Agency, including unexpended funds that are to be used for low income housing, be transferred to the Palm Desert Housing Authority (the “Authority”). D. Palm Communities, a California corporation (the “Developer”) intends to acquire approximately 10.49 acres of land from the City of Palm Desert (the “Property”) and proposes to construct thereon a 241-unit multi-family residential apartment community for households with incomes up to 80% of the area median incom e in one phase, as well as access and sand maintenance easements (the “Project”). The Property and easements, and the Project, are more particularly described in the Third Amended and Restated Disposition, Development and Loan Agreement attached hereto as Exhibit “A” (“DDLA”). G. The Authority, as the housing successor to the Former Agency, wishes to approve the Third Amended and Restated DDLA (and the documents attached as exhibits thereto, including the promissory notes for the City and Authority Loans, deeds of trust for the City and Authority Loans, housing agreement restricting the households by income 189 RESOLUTION NO. _______ -2- 12812-0001\2726238v1.doc levels and rents permitted, (as required by applicable law), which includes deadlines for closing of the City and Authority loans/land purchase. NOW, THEREFORE, THE PALM DESERT HOUSING AUTHORITY DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The above recitals, and each of them, are true and correct and are a substantive part of this Resolution. Section 2. The Third Amended and Restated DDLA, in the form attached hereto as Exhibit “A”, is hereby approved. The Executive Director of the Authority is hereby authorized to execute and deliver, for and in the name of the Authority, the Third Amended and Restated DDLA in substantially such form, with such changes thereto as the Executive Director, in consultation with the Authority legal counsel, may deem appropriate or necessary and consistent with the purposes of this Resolution (such approval to be conclusively evidenced by the execution and delivery thereof). Section 3. The Third Amended and Restated DDLA does not bind the Authority to make the Authority Loan unless the applicable tax credits and other debt and equity necessary to complete the improvements shall have been awarded/committed, and all other conditions described in the Third Amended and Restated DDLA to the closing shall have been satisfied. Section 4. The members of this Board and the officers and staff of the Authority are hereby authorized, jointly and se verally, to do all things which they may deem necessary or proper to effectuate the purposes of this Resolution and the Third Amended and Restated DDLA, including the exhibits thereto, including negotiating and preparing agreements and documents, and any such actions previously taken are hereby ratified and confirmed. The Executive Director of the Authority is authorized to execute, deliver and record, on behalf of the Authority, all documents contemplated by the Third Amended and Restated DDLA. Section 5. The Secretary shall certify to the adoption of this Resolution and the same shall take effect and be in force. PASSED, APPROVED and ADOPTED ON THIS 10th day of October 2024, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: 190 RESOLUTION NO. _______ -3- 12812-0001\2726238v1.doc KARINA QUINTANILLA, CHAIRPERSON ATTEST: ANTHONY J. MEJIA, SECRETARY PALM DESERT HOUSING AUTHORITY 191 EXHIBIT “A” FORM OF THIRD AMENDED AND RESTATED DDLA (Attached.) 192 P6401-0001\3023156v2.doc THIRD AMENDED AND RESTATED DISPOSITION, DEVELOPMENT AND LOAN AGREEMENT AMONG CITY OF PALM DESERT PALM DESERT HOUSING AUTHORITY AND PALM COMMUNITIES (PALM VILLAS AT MILLENNIUM) 193 TABLE OF CONTENTS PAGE -2- P6401-0001\3023156v2.doc Section 1.1 Definitions ................................................................................................................... 3 Section 1.2 Exhibits ........................................................................................................................ 8 ARTICLE 2. PREDISPOSITION CONDITIONS FOR CONVEYANCE OF EACH PHASE 9 Section 2.1 City Right to Terminate for Failure to Timely Obtain Tax Credits .......................................................................................................................... 9 Section 2.2 City Approvals ........................................................................................................... 9 Section 2.3 Parcel Map .................................................................................................................. 9 Section 2.4 Financing ..................................................................................................................... 9 Section 2.5 Permits.......................................................................................................................... 9 Section 2.6 Tax Credits .................................................................................................................. 9 Section 2.7 Loan Closings ............................................................................................................ 9 Section 2.8 Construction Plans .................................................................................................. 10 Section 2.9 Construction Contract ............................................................................................ 10 Section 2.10 Cost Estimate............................................................................................................ 10 Section 2.11 Construction Bonds ................................................................................................ 10 Section 2.12 Developer Organizational Documents .............................................................. 11 Section 2.13 Authority Loan ......................................................................................................... 11 Section 2.14 Tax Credit Equity .................................................................................................... 11 Section 2.15 City Easements ........................................................................................................ 11 Section 2.16 Phase II Conveyance .............................................................................................. 11 Section 2.17 HCD Confirmation of Exemption ...................................................................... 11 Section 2.18 AHAP ......................................................................................................................... 11 Section 2.19 Title Report ............................................................................................................... 11 194 TABLE OF CONTENTS PAGE -3- P6401-0001\3023156v2.doc ARTICLE 3. DISPOSITION OF PROPERTY ...................................................................................... 11 Section 3.1 Conveyance of Phase I Parcel and Phase II Parcel ....................................... 11 Section 3.2 Purchase Prices ........................................................................................................ 11 Section 3.3 Deposit ....................................................................................................................... 11 Section 3.4 Opening Escrow ...................................................................................................... 12 Section 3.5 Close of Escrow ....................................................................................................... 13 Section 3.6 Costs of Escrow and Closing ............................................................................... 14 Section 3.7 Condition of Title .................................................................................................... 14 Section 3.8 Condition of Property ............................................................................................ 14 ARTICLE 4. CONSTRUCTION OF DEVELOPMENT .................................................................... 17 Section 4.1 Construction and Operation Consistent with Agreements .......................... 17 Section 4.2 Commencement of Development ....................................................................... 17 Section 4.3 Completion of the Development ......................................................................... 17 Section 4.4 Equal Opportunity................................................................................................... 17 Section 4.5 Construction Under Laws ..................................................................................... 17 Section 4.6 Progress Reports ...................................................................................................... 18 Section 4.7 Construction Responsibilities .............................................................................. 18 Section 4.8 Mechanics Liens, Stop Notices, and Notices of Completion ..................... 18 Section 4.9 Inspections ................................................................................................................ 19 Section 4.10 Records ...................................................................................................................... 19 Section 4.11 Certificate of Completion ..................................................................................... 19 ARTICLE 5. AUTHORITY LOAN PROVISIONS ............................................................................. 19 Section 5.1 Authority Loans ....................................................................................................... 19 Section 5.2 Use of Authority Loan ........................................................................................... 20 195 TABLE OF CONTENTS PAGE -4- P6401-0001\3023156v2.doc Section 5.3 Delivery of Promissory Notes ............................................................................. 20 Section 5.4 Term of the Authority Loan ................................................................................. 20 Section 5.5 Interest ........................................................................................................................ 20 Section 5.6 Disbursement of Authority Loans ...................................................................... 20 Section 5.7 Repayment Schedule .............................................................................................. 21 Section 5.8 Reports and Accounting of Residual Receipts ............................................... 21 Section 5.9 Non-Recourse ........................................................................................................... 22 ARTICLE 6. ONGOING DEVELOPER OBLIGATIONS ................................................................ 22 Section 6.1 Applicability ............................................................................................................. 22 Section 6.2 Use of Development ............................................................................................... 22 Section 6.3 Maintenance.............................................................................................................. 23 Section 6.4 Taxes and Assessments ......................................................................................... 23 Section 6.5 Mandatory Language in All Subsequent Deeds, Leases and Contracts .................................................................................................................... 23 Section 6.6 Management Agent ................................................................................................ 25 Section 6.7 Insurance Requirements ........................................................................................ 26 Section 6.8 Audits ......................................................................................................................... 29 ARTICLE 7. ASSIGNMENTS AND TRANSFERS ........................................................................... 29 Section 7.1 Definitions ................................................................................................................. 29 Section 7.2 Purpose of Restrictions on Transfer .................................................................. 29 Section 7.3 Prohibited Transfers ............................................................................................... 30 Section 7.4 Permitted Transfers ................................................................................................ 30 Section 7.5 Other Transfers with City Consent .................................................................... 31 Section 7.6 Termination of Limitations on Transfers ......................................................... 31 ARTICLE 8. DEFAULT AND REMEDIES .......................................................................................... 31 196 TABLE OF CONTENTS PAGE -5- P6401-0001\3023156v2.doc Section 8.1 General Applicability ............................................................................................. 31 Section 8.2 Fault of City .............................................................................................................. 31 Section 8.3 Fault of Authority ................................................................................................... 31 Section 8.4 Fault of Developer .................................................................................................. 31 Section 8.5 Notice and Cure Period Regarding City/Authority Defaults ...................... 33 Section 8.6 Remedies ................................................................................................................... 33 Section 8.7 Rights of Mortgagees ............................................................................................. 34 Section 8.8 Remedies Cumulative ............................................................................................ 34 ARTICLE 9. SECURITY FINANCING AND RIGHTS OF HOLDERS ..................................... 34 Section 9.1 No Encumbrances Except for Development Purposes ................................. 34 Section 9.2 Holder Not Obligated to Construct .................................................................... 34 Section 9.3 Notice of Default and Right to Cure .................................................................. 34 Section 9.4 Failure of Holder to Complete Development .................................................. 35 Section 9.5 Right of Cure ............................................................................................................ 35 Section 9.6 Right of City to Satisfy Other Liens .................................................................. 35 Section 9.7 Holder to be Notified ............................................................................................. 36 Section 9.8 Estoppel Certificates .............................................................................................. 36 ARTICLE 10 GENERAL PROVISIONS ................................................................................................. 36 Section 10.1 Notices, Demands and Communications ......................................................... 36 Section 10.2 Non-Liability of Officials, Employees and Agents ....................................... 36 Section 10.3 Forced Delay ............................................................................................................ 37 Section 10.4 Inspection of Books and Records ....................................................................... 37 Section 10.5 Title of Parts and Sections .................................................................................... 37 Section 10.6 No Third-Party Beneficiaries ............................................................................... 37 197 TABLE OF CONTENTS PAGE -6- P6401-0001\3023156v2.doc Section 10.7 Applicable Law ........................................................................................................ 37 Section 10.8 No Brokers ................................................................................................................ 37 Section 10.9 Legal Actions ........................................................................................................... 37 Section 10.10 Severability ............................................................................................................... 38 Section 10.11 Binding Upon Successors ..................................................................................... 38 Section 10.12 Parties Not Co-Venturers ...................................................................................... 38 Section 10.13 Discretion Retained by City ................................................................................. 38 Section 10.14 Time of the Essence ............................................................................................... 38 Section 10.15 Representation and Warranties of Developer ................................................. 38 Section 10.16 Entire Understanding of the Parties ................................................................... 39 Section 10.17 Amendments ............................................................................................................. 39 Section 10.18 Approvals .................................................................................................................. 39 Section 10.19 Counterparts ............................................................................................................. 39 198 THIRD AMENDED AND RESTATED DISPOSITION, DEVELOPMENT, AND LOAN AGREEMENT (Palm Villas at Millennium) This THIRD AMENDED AND RESTATED DISPOSITION, DEVELOPMENT AND LOAN AGREEMENT (the “Agreement”) is dated as of October 10, 2024, and is entered into by and among the CITY OF PALM DESERT, a municipal corporation (the “City”), the PALM DESERT HOUSING AUTHORITY, a public body corporate and politic (the “Authority”) and PALM COMMUNITIES, a California corporation (the “Developer”), each individually a “Party” and collectively the “Parties,” with reference to the following facts, understandings and intentions of the Parties: RECITALS A. Defined terms used but not defined in these recitals are as defined in Article 1 of this Agreement. B. The City owns that approximately ten and one-half (10.49) acre site located in the City of Palm Desert as more particularly described in Exhibit A (the “Property”). The City intends to process a Parcel Map to divide the Property into the Phase I Parcel (consisting of approximately 6.02 acres) and Parcel II Parcel (consisting of approximately 4.47 acres); the Phase I Parcel and Phase II Parcel are described on Exhibits A-1 and A-2. C. The Property has been declared exempt surplus land by the City Council of the City under Government Code Section 54221(f)(1)(A) and has concluded based on the Developer’s site plan and proposed affordability that proposed Development meets the affordability and design requirements of Government Code Section 37364. The California Department of Housing and Community Development has confirmed such exemption in writing. D. The City, the Authority and the Developer previously entered into that certain Disposition, Development and Loan Agreement dated November 23, 2022, as amended by that certain Amended and Restated Disposition, Development and Loan Agreement dated June 22, 2023, as amended by that certain Second Amended and Restated Disposition, Development and Loan Agreement dated April 11, 2024 (the “Existing DDLA”); this Agreement replaces the Existing DDLA. E. The Developer intends to construct in two phases at least two hundred forty-one (241) units of housing, two hundred thirty-nine (239) of which shall be made available to and occupied by low-income households, very low-income households, and extremely low-income households, and two (2) of which shall be on-site manager’s units. F. The Developer intends to construct one hundred twenty-one (121) units on the Phase I Parcel, with one hundred twenty (120) of the units restricted to Extremely-Low Households, Very-Low Income Households and Low Income Households, at affordable rents, and the other unit used as an on-site manager’s unit. The Phase I Development will be composed of one, two and three bedroom units. 199 -8- P6401-0001\3023156v2.doc G. The Developer intends to construct one hundred twenty (120) units on the Phase II Parcel, with one hundred nineteen (119) of the units restricted to Extremely-Low Households, Very-Low Income Households and Low Income Households, at affordable rents, and the other unit used as an on-site manager’s unit. The Phase II Development will also be composed of one, two and three bedroom units. H. To effectuate this purpose, the City will convey the Property to the Developer in two phases, subject to the terms and conditions of this Agreement. I. To assist the Developer in acquiring the Phase I Parcel from the City, the Authority intends to make a purchase money/acquisition loan to the Developer in the amount of $1,965,539.00, subject to the terms and conditions of this Agreement. To assist the Developer in acquiring the Phase II Parcel from the City and developing/construction the Phase II Development, the Authority intends to make a purchase money and construction loan to the Developer in the amount of $4,789,461, subject to the terms and conditions of this Agreement. J. The Authority shall disburse the construction loan portion of the Phase II loan by Authority itself, but upon request of Developer, will consider entering into an agreement with the Developer’s construction lender for the Phase II Development providing that the construction lender will disburse the remaining proceeds of the Authority’s loan following the Close of Escrow to the construction lender for the payment of construction costs of the Phase II Development. The agreement will provide that the Authority Loan funds will be disbursed pari-passu with the construction lender’s loan. The construction lender shall not have a security interest in such Authority funds. K. Concurrently with the conveyance of the Phase I Parcel to the Developer, the Developer and City intend to grant to each other reciprocal easements over the Phase I and Phase II Parcel for ingress and egress. The Developer also intends to grant the Phase II Parcel owner reasonable rights to use the Phase I Development’s common area facilities upon the completion of the Phase II Development (the “Phase I and Phase II Access Easement”). The Parties intend that the Phase I and Phase II Access Easement will include a provision that the Phase I and Phase II Access Easement may be amended by the Parties if the City intends to convey the Phase II Parcel to a party that is not affiliated with the Developer. L. Concurrently with the conveyance of the Phase I Parcel to the Developer, the City intends to grant (i) an easement over the Parcel 9, an adjacent City-owned parcel, to allow ingress and egress to the Phase I Parcel through the Phase II Parcel (the “Parcel 9 Easement”); and (ii) an access easement over Parcel 9 to allow the Developer and the Phase II Parcel owner to clear any accumulated sand against the Phase I and the Phase II boundary wall (the “Maintenance Easement”). M. The City has determined that the Developer has the necessary expertise, skill and ability to carry out the commitments set forth in this Agreement and that this Agreement is in the best interests of, and will materially contribute to the implementation of, the City’s affordable housing goals through the development of the Property. 200 -9- P6401-0001\3023156v2.doc N. Developer has applied for and received a density bonus (including reduced parking and increased density) for both the Phase I Development and the Phase II Development. In consideration of the foregoing, and the mutual terms and conditions herein, the Parties agree as follows: AGREEMENT The foregoing recitals are hereby incorporated by reference and made part of this Agreement. ARTICLE 1 DEFINITIONS AND EXHIBITS Section 1.1 Definitions. In addition to the terms defined elsewhere in this Agreement, the following definitions apply throughout this Agreement. “Affordable Units” means the Two Hundred Thirty-Nine (239) Units restricted by the Housing Agreements to be developed on the Property to be occupied by Extremely-Low, Very-Low and Low-Income Households and to be available at affordable rent as defined in accordance with Health & Safety Code Section 50053. “Annual Financial Statement” means for any calendar year: (i) the financial statement of operating expenses and revenues for a Phase, prepared at the Developer’s expense, by an independent certified accountant reasonably acceptable to the Authority, and showing the Residual Receipts for the applicable calendar year; (ii) sufficient back-up data to support the revenues and expenses claimed on the statement; and (iii) such additional information reasonabl y requested by the Authority, all of which shall form the basis for determining Residual Receipts. “Approved Financing” means the loans, equity, and other financing obtained by the Developer for the purpose of financing the costs of the Development that are approved by the City and consistent with the Financing Proposal. “Approved Plans” means all designs for the Development approved by the City in conjunction with the City Approvals prior to or concurrent with the Effective Date. “Authority” is defined in the introductory paragraph of this Agreement. “Authority Loans” or “Authority Loan”, as applicable, mean loans by the Palm Desert Housing Authority to the Developer in the amount of: (i) $1,965,539 to pay the purchase price for the Phase I Parcel and (ii) $4,789,461 to pay the purchase price for the Phase II Parcel and construction costs for the Phase II Development. “Building Permit” means the building permit and all other ministerial construction permits required from the City to construct the Development. “Certificate of Completion” is defined in Section 4.11. 201 -10- P6401-0001\3023156v2.doc “Certificate of Occupancy” means a final certificate of occupancy issued by the City for the Development, or equivalent final inspection. “City” is defined in the introductory paragraph of this Agreement. “City/Authority Documents” means, collectively, this Agreement, the Promissory Notes, the Deed of Trusts, the Housing Agreements, the Notice of Restrictions for each phase of the Development and any other documents executed by the City and/or the Authority and Developer. “City Approvals” means the permits and entitlements issued by the City to allow for the commencement of construction for the respective Phase. “City Event of Default” is defined in Section 8.3. “Close of Escrow” means the date on which a fee interest in each of the Phase I Parcel and the Phase II Parcel is conveyed to the Developer, as appropriate. “Construction Plans” means the final construction plans for the construction of the Development as approved by the City in accordance with Section 2.5. “Control” means the power to direct the day-to-day management responsibilities for the activities of Developer, and, with respect to a limited liability company, means the: (1) managing member or members; or (2) the right to exercise, directly or indirectly, more than fifty percent (50%) of the voting rights attributable to the limited liability company. “Declaration of Default” is defined in Section 8.5. “Deeds of Trust” shall mean the deeds of trust, assignment of rents, and security agreement placed on the Developer’s interest in the Phase I Parcel and Phase II Parcel, as security for the Authority Loans by the Developer as trustor with the Authority as beneficiary, as well as any amendments to, modifications of, and restatements of said deed of trusts, in the forms attached hereto as Exhibit F. “Defaulting Party” is defined in Section 8.5. “Density Bonus Agreement” shall mean the Density Bonus Agreement for each Phase in the form attached hereto as Exhibits D-1 and D-2 “Deposit” is defined in Section 3.3. “Developer” has the meaning in the introductory paragraph of this Agreement. “Developer Event of Default” is defined in Section 8.4. “Development” means the development of two hundred forty-one (241) apartment units to be developed on the Property. 202 -11- P6401-0001\3023156v2.doc “Effective Date” shall mean the later of: (i) the date the Developer has executed this Agreement; (ii) the date the Authority has executed this Agreement and (iii) the date the City has executed this Agreement. “Escrow” means the escrow opened with the Title Company to accomplish the transfer of Phase I and Phase II, respectively, from the City to the Developer. “Extremely Low Income” means a household with an income that does not exceed the qualifying limits for extremely low-income households, adjusted for actual household size, for Riverside County, as published and periodically updated by HCD under Section 50106 of the California Health and Safety Code, or successor provision. “Financing Proposal” means the Developer’s initial proposal for financing the acquisition of the Property and the construction of the Development, including an estimate of the sources and uses of funds, which is attached hereto as Exhibit K. “Grading Permit” means the permit to commence grading on the Phase I Parcel and the permit for the Phase II Parcel. “Hazardous Materials” means any substance, material, or waste which is: (1) defined as a “hazardous waste”, “hazardous material,” “hazardous substance,” “extremely hazardous waste,” “restricted hazardous waste,” “pollutant” or any other terms comparable to the foregoing terms under any provision of California law or federal law; (2) petroleum; (3) asbestos; (4) polychlorinated biphenyls; (5) radioactive materials; (6) MTBE; or (7) determined by California, federal or local government authority to be capable of posing a risk of injury to health, safety or property. Without limiting the foregoing, Hazardous Materials means and includes any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, a hazardous, toxic or radioactive substance, or other similar term, by any Hazardous Materials Laws including any federal, state or local environmental statute, regulation or ordinance presently in effect that may be promulgated in the future, as such statutes, regulations and ordinances may be amended from time to time. The term “Hazardous Materials” does not include: (1) construction materials, gardening materials, household products, office supply products or janitorial supply products customarily used in the construction or maintenance, of residential developments, or typically used in office or residential activities; or (2) certain substances which may contain chemicals listed by the State of California under California Health and Safety Code Sections 25249.8 et seq., which substances are commonly used by a significant portion of the population living within the region of the Development, including, but not limited to, alcoholic beverages, aspirin, tobacco products, nutrasweet and saccharine, so long as such materials and substances are stored, used and disposed of in compliance with all applicable Hazardous Materials Laws. “Hazardous Materials Laws” means all federal, state, and local laws, ordinances, regulations, orders and directives pertaining to Hazardous Materials in, on or under the Development or any portion thereof. “Housing Agreements” or “Housing Agreement”, as applicable, means the Housing Agreements between the Developer and the Authority in the form of Exhibit H that will be 203 -12- P6401-0001\3023156v2.doc recorded against the Developer’s fee interest in the Phase I Parcel and Phase II Parcel and all improvements thereon, and will restrict the household income levels for occupancy of the Units thereon to Extremely Low, Very-Low and Low Income Households and will restrict the rent to affordable rent. “Initial Deposit” is defined in Section 3.3. “Low Income Household” means a household with an income that does not exceed the qualifying limits for lower income households, adjusted for actual household size, for Riverside County, as published and periodically updated by HCD under Section 50079.5 of the California Health and Safety Code, or successor provision. “Maintenance Easement” means an easement over Parcel 9 prepared by the Developer and approved by the City granting the Developer and the Phase II Parcel owner the right of access to clear sand from the outside of the Phase I Wall and the Phase II Wall abutting the Maintenance Easement area, substantially in the form of Exhibit B-3. “Notices of Restrictions” or “Notice of Restrictions”, as applicable, shall mean the Notices of Affordability Restrictions in the form attached hereto as Exhibit G, which are to be recorded against the Phase I Parcel and the Phase II Parcel upon the closing of the sales thereof. “Notice of Default” is defined in Section 8.5. “Official Records” means the official land records of Riverside County. “Parcel” means either the Phase I Parcel or the Phase II Parcel, as the context requires. “Parcel Map” means the Parcel Map prepared by the Developer and approved by the City subdividing the Property into the two Phases and recorded in the Official Records of the County of Riverside with any recording costs paid by the Developer. “Parcel 9” means the City-owned parcel abutting the Phase I Parcel and the Phase II Parcel described in Exhibit A-3. “Parcel 9 Easement” means the easement for ingress and egress of over a portion of Parcel 9 prepared by the Developer and approved by the City benefiting Parcel I and granting the right to the Developer to improve the easement with street improvements, substantially in the form of Exhibit B-2. “Parties” means collectively the City, the Authority and the Developer and the term Party refers to each of them individually. “Phase” shall mean the Phase I Development or the Phase II Development, as the context requires. “Phase I Development” means the development of at least one hundred twenty-one (121) units of housing, required offsite infrastructure improvements and parking constructed on the Phase I Parcel, all as more fully set forth in the Scope of Development. 204 -13- P6401-0001\3023156v2.doc “Phase II Development” means the development of at least one hundred twenty (120) units of housing, required offsite infrastructure improvements and parking constructed on the Phase II Parcel, all as more fully set forth in the Scope of Development. “Parcel I and Parcel II Access Easement” means the reciprocal easement prepared by the Developer and approved by the City for ingress and egress of over Parcel I and Parcel II and granting the Phase II Parcel owner the right of reasonable access to the Phase I Development common facilities, substantially in the form of Exhibit B-1. “Phase I Parcel” means the property generally described in Exhibit A-1. “Phase II Parcel” means the property generally described in Exhibit A-2. “Promissory Notes” or “Promissory Note”, as applicable, shall mean the promissory notes that will evidence the Developer’s obligation to repay the applicable Authority Loan for a Phase as set forth in this Agreement, and shall be in the form of Exhibit E. Each Phase of the Development will have its own Promissory Note and shall not be cross-collateralized. “Property” means the property generally described in the legal description attached as Exhibit A, consisting of the Phase I Parcel and the Phase II Parcel. “Residual Receipts” in a particular calendar year for a Phase shall mean the cash (without regard to the source) derived from the operation of such Phase of the Development minus the following for that Phase, determined on a cash basis: (i) all real estate and personal property taxes and assessments, insurance premiums and reasonable costs of maintenance, operation and management incurred by the Developer in connection with the operation and maintenance, (ii) property management fees not to exceed four and one-half percent (4.5%) of the gross revenue of the Phase, (iii) the costs of servicing the senior construction loan/financing (and any approved refinancing thereof) and other sources of permitted financing; (iv) amounts necessary to maintain a guaranty or other form of security or bond for an operation reserve account, (v) amounts deposited into a replacement initially capitalized reserve account in the minimum sum of Three Hundred Twenty-Five Dollars ($325.00) per unit per annum, (vi) the repayment of any amounts loaned by the Developer for material development costs which costs were not reasonably foreseeable, (vii) deferred developer fees (viii) a limited partner monitoring fee in the annual amount of Five Thousand Dollars ($5,000.00) per year unless fully paid a permanent loan conversion; (ix) a managing general partner fee in the annual amount of Fifteen Thousand Dollars ($15,000.00), increasing three percent (3%) annually; and (xi) an administrative general partner fee in the annual amount of Ten Thousand Dollars ($10,000.00), increasing three percent (3%) annually. In no event shall depreciation/amortization be deducted from cash revenues. Residual Receipts shall be determined by Developer and Authority on a cash basis without regard to any carry-over profit or loss from any prior calendar year, and shall be determined annuall y, on or before June 1st for the preceding calendar year. Any deferred developer fee, limited partner monitoring fee, managing general partner fee, and administrative general partner fee may not accrue interest. “Schedule of Performance” means the schedule attached as Exhibit J setting forth the schedule for the Developer’s acquisition and development of the Phase I Parcel and the acquisition 205 -14- P6401-0001\3023156v2.doc and development of the Phase II Parcel and the construction of the Phase I Development and the Phase II Development and other deadlines. “Scope of Development” shall mean the description of the Development, including a basic site plan, which will serve as a basis for the Developer’s application for the City Approvals. The Scope of Development is attached to this Agreement as Exhibit I. “Security Financing Interest” means a mortgage, deed of trust, or other reasonable method of security encumbering the Developer’s fee interest in the Phase I Parcel and the Phase II Parcel that: (i) meets the requirements of this Agreement; and (ii) secures any construction or permanent loan shown on the Financing Proposal, or any refinancing approved by the Authority. “TCAC” means the California Tax Credit Allocation Committee. “TCAC Regulatory Agreement” means the regulatory agreement entered into between the Developer and TCAC regulating the affordability of each Phase to be recorded as an encumbrance on the Property. “Title Company” means First American Title Company, or such other title company as the Parties may mutually select. “Title Report” is defined in Section 2.19. “Transfer” has the meaning set forth in Section 7.1. “Unit” means one of the residential units to be constructed on the Property. “Very Low Income Household” means a household with an income that does not exceed the qualifying limits for very low income households, adjusted for actual household size, for Riverside County, as published and periodically updated by HCD under Section 50105 of the California Health and Safety Code, or successor provision. Exhibits. The following exhibits are attached to and incorporated in this Agreement: Exhibit A: Legal Description of the Property Exhibit A-1: Legal Description of Phase I Parcel Exhibit A-2: Legal Description of Phase II Parcel Exhibit A-3: Depiction of Parcel 9 Exhibit B-1: Phase I and Phase II Access Easement Exhibit B-2: Parcel 9 Easement Exhibit B-3: Maintenance Easement Exhibit C: Form of Grant Deed Exhibit D-1: Form of Phase I Density Bonus Agreement Exhibit D-2: Form of Phase II Density Bonus Agreement Exhibit E: Form of Promissory Note Exhibit F: Form of Deed of Trust Exhibit G-1: Form of Phase I Notice of Affordability Restrictions Exhibit G-2: Form of Phase II Notice of Affordability Restrictions 206 -15- P6401-0001\3023156v2.doc Exhibit H-1: Form of Phase I Housing Agreement Exhibit H-2: Form of Phase II Housing Agreement Exhibit I: Scope of Development (Phase I and Phase II) Exhibit J: Schedule(s) of Performance (Phase I and Phase II) Exhibit K-1: Financing Plan – Phase I Exhibit K-2: Financing Plan – Phase II 207 -16- P6401-0001\3023156v2.doc ARTICLE 2 CONDITIONS FOR CONVEYANCE OF EACH PHASE Section 2.1 City Right to Terminate for Failure to Timely Obtain Tax Credits; Other City Conditions Precedent to Conveyance. The City Manager may terminate this Agreement on behalf of the City in his or her sole and absolute discretion if Developer fails to obtain by December 31, 2024 an award of tax credits that is materially consistent with the Financing Proposal. The requirements set forth in this Article 2 are conditions precedent to the City’s obligation to convey a Phase to the Developer. The City has no obligation to convey a Phase to the Developer unless the conditions precedent set forth in this Article 2 have been satisfied in the manner set forth below and within the timeframe set forth in the Schedule of Performance. The closing of the conveyance of the Phase I Parcel must occur on or before August 31, 2025 (or either party who is not in default may terminate this Agreement by written notice to the other). The closing of the conveyance of the Phase II Parcel must occur on or before August 31, 2028 (or either party who is not in default may terminate this Agreement by written notice to the other). Section 2.2 City Approvals. Prior to or concurrently with the conveyance of a Phase, the Developer must have obtained the City Approvals for the Phase and the Developer must have paid the required fees to the City and must have provided letters from the applicable bonding company(s) agreeing to issue the required improvement bonds upon the Close of Escrow. Section 2.3 Parcel Map. The Parcel Map subdividing the Property into the Phase I Parcel and the Phase II Parcel must be approved by the City, in its sole and absolute discretion, and the Developer; the Parcel Map must be been recorded prior to the Close of Escrow for the conveyance of Phase I; and the Developer must have paid the costs related to recording the Parcel Map. All applicable subdivision improvement agreements and “CC&Rs” and the like that are conditions of approval of the Parcel Map must be executed and delivered/recorded prior to or concurrently with the applicable Close of Escrow. Section 2.4 Financing Proposal Update; Budget. The Developer shall have submitted a revised Financing Proposal and a comprehensive project budget for the appropriate Phase. Section 2.5 Permits. The City must have issued a “Ready to Issue” letter regarding the Building Permit, and the Developer must have paid the Building Permit fees prior to or concurrently with the applicable Close of Escrow, and must have executed and delivered all agreements and other documents required in connection with the Building Permit (such as a grading agreement). Section 2.6 Tax Credits. The tax credits necessary to help finance the applicable development must have been awarded, and Developer shall have provided evidence thereof to City, together with reasonable evidence that tax credit investors shall have legally committed to provide equity funds sufficient to pay all development costs not being paid with loans/debt. 208 -17- P6401-0001\3023156v2.doc Section 2.7 Loan Closings. All loans necessary to finance costs in the City- approved revised Financing Proposal and pay the costs in the updated project budget not being paid with equity funds shall have closed (or shall close concurrently with the applicable Close of Escrow) such that the lenders are conditionally obligated to disburse their loan funds (so that the applicable development can be completed), and copies of the applicable loan documents (or drafts that are final in all material respects) shall have been provided to City. Section 2.8 Construction Plans. The Developer shall prepare construction plans for the construction of the development of each Phase. The final construction plans for the development of each submitted by the Developer for City approval shall consist of all construction documentation upon which the Developer and its contractors shall rely in building the Phase I Development and the Phase II Development. Such construction plans shall include (without limitation) final architectural drawings, landscaping plans and specifications, final elevations, building plans and specifications (also known as “working drawings”). The construction plans shall be based upon the Approved Plans and shall not materially deviate from them without the written consent of the City. As set forth in Section 10.14, the Developer acknowledges that execution of this Agreement by the City does not constitute approval by the City of any required permits and in no way limits the discretion of the City in the permit approval process. As part of the Developer’s application for a Building Permit, the City shall also have the right to review and approve the proposed construction plans for conformance with the Approved Plans and the other commitments made by the Developer to the City. The Developer acknowledges that the City’s right to review and approve the proposed construction plans as allowed by this paragraph is in addition to, and shall not be limited by, the City’s obligation to review the Developer’s proposed construction plans for consistency with applicable building and construction code requirements. As approved, these construction plans for the applicable component of the Development shall be referred to as the “Construction Plans”. Section 2.9 Construction Contract. Developer shall have delivered to City a copy of an executed Guaranteed Maximum Price or Stipulated Sum construction contract for the applicable Phase, which shows a development cost consistent with the revised Financing Proposal/Plan and updated budget, and the equity and debt funds committed to the applicable development. Section 2.10 Cost Estimate. The Developer’s construction lender must have shared its construction cost estimate with the City or, in the alternative, if the construction lender is unwilling to share its cost estimate, the City has obtained an independent cost estimate at the Developer’s cost to confirm the reasonableness of the construction costs. Section 2.11 Construction Bonds. At least seven (7) days prior to Close of Escrow, the Developer shall deliver to the City forms of one (1) labor and material bond and one (1) performance bond for the Development issued by a reputable insurance company licensed to do business in California, and named in the current list of “Surety Companies Acceptable on Federal Bonds” as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Treasury Department, and reasonably acceptable to the City, each in a penal sum of not less than 209 -18- P6401-0001\3023156v2.doc one hundred percent (100%) of the scheduled cost of construction of the Phase for the City’s review and approval. The bonds shall name the City as co-obligee. Upon receipt by the City of the proposed payment and performance bonds, the City shall promptly review such bonds and approve them if they satisfy the criteria set forth above and include any other modification reasonably requested by the City. If the payment and performance bonds are not approved by the City, the City shall set forth in writing and notify the Developer of the City’s reasons for withholding such approval. The Developer shall thereafter submit revised payment and performance bonds for City approval, which approval shall be granted or denied in five (5) business days in accordance with the criteria and procedures set forth above. Section 2.12 Developer Organizational Documents. The Developer has provided the Developer organizational documents to the City for its review and the City has approved the documents. Section 2.13 Authority Loans. The Authority must be ready to make the applicable Authority Loan in the amount necessary to acquire the Phase I Parcel or Phase II Parcel, as appropriate, and the Developer shall have delivered the applicable City/Authority Documents, duly executed, to the Authority. Section 2.14 Tax Credit Equity. The City has approved the Developer’s proposed uses of any tax credit equity paid as of the Close of Escrow to the Developer. Section 2.15 City Easements. The Developer and City have agreed upon the final forms of the Phase I and Phase II Access Easement, the Parcel 9 Easement and the Maintenance Easement. Section 2.16 Phase II Conveyance. As a condition to the Close of Escrow for the Phase II Parcel only, the Close of Escrow for the Phase I Parcel shall have occurred, and Developer shall not be in default under this DDLA or under the Authority loan relating to the Phase I Parcel. Section 2.17 AHAP. The Developer and the Housing Authority of the County of Riverside have entered into an Agreement to Enter into a Housing Assistance Payments Contract. Section 2.18 Title Report Approved. The Developer has approved the following preliminary report and the title exceptions therein (the “Title Report”) from the Title Company: Amended Preliminary Report issued on August 22, 2022 under Order Number 997-30064151-A- TC1. City shall not further encumber the Property after the date hereof without the prior written consent of Developer. ARTICLE 3 DISPOSITION OF PROPERTY Section 3.1 Conveyances of Phase I Parcel and Phase II Parcel. Subject to the satisfaction of the conditions to closing set forth above (which apply to each Phase, except as noted in Section 2.15), the City will sell to the Developer, and the Developer will purchase from the City, the Property under the terms, covenants, and conditions of this Agreement. 210 -19- P6401-0001\3023156v2.doc Section 3.2 Purchase Prices. The Purchase Price for the Phase I Parcel shall be One Million Nine Hundred Sixty-Five Thousand Five Hundred Thirty-Nine Dollars ($1,965,539.00). The Purchase Price for the Phase II Parcel shall be One Million Four Hundred Fifty-Nine Thousand Four Hundred Sixty-One Dollars ($1,459,461.00). Section 3.3 Deposits. The parties acknowledge and agree that the City will expend, and has expended, considerable resources in the negotiation and review of the proposed development of the Phase I Parcel and Phase II Parcel. To offset a portion of the staff, legal and other consulting costs that the City has incurred with respect to this Agreement and/or will incur under or in connection with this Agreement and the projects described herein until completion of the Phase II Development, and in consideration of this Agreement, the Developer has previously deposited with City the sum of Twelve Thousand Dollars ($12,000.00) (the "Initial Deposit"). No interest shall be payable on the Initial Deposit. The Initial Deposit shall be used by the City solely for the purpose of reimbursing the City for reasonable costs it incurs during the course of negotiating this Agreement and administering this Agreement, including attorneys’ fees and consultant costs. The City may from time to time withdraw monies from the Initial Deposit to reimburse it for such costs and expenses incurred and paid by the City. Prior to the date of such withdrawal, the City shall notify the Developer in writing no less than five (5) business days prior to each such withdrawal/application and include with such notice a copy of invoices and if applicable, statement of staff time/charges to be paid with the proceeds of each such withdrawal/application. The Developer further agrees and acknowledges that if the amount of the Initial Deposit shall be reduced to an amount less than Two Thousand Five Hundred Dollars ($2,500.00) as a result of such periodic reimbursement withdrawals, the Developer shall within five (5) business days of delivery of written notice from the City deposit such additional monies with the City as shall replenish the amount of the Initial Deposit being held by the City to Twelve Thousand Dollars ($12,000.00). In the event of termination of this Agreement for any reason other than uncured default of the Developer, or completion of the Phase II Development (or if the Phase II Parcel is not sold to Developer, then the completion of the Phase I Development), the City shall promptly return to Developer the remainder of the Initial Deposit not needed for theretofore-accrued City costs and expenses. Additionally, within thirty (30) days following the Effective Date, Developer shall deposit $58,966.00 into Escrow as a good faith deposit for the acquisition of the Phase I Parcel (the “Phase I Deposit”). Upon the Close of Escrow for Phase I, the Phase I Deposit shall not be applied to the purchase price for the Phase II Parcel, but shall be returned to Developer, as the Purchase Price is being paid by the loan from the Authority. If this Agreement is terminated prior to the Close of Escrow for the Phase I Parcel for any reason other than a default by the Developer, the Phase I Deposit and any portion of the Initial Deposit not needed to pay accrued City costs shall be immediately refunded to the Developer upon the date the Agreement is terminated, and City shall have no obligations with respect to the Phase II Parcel. Additionally, within thirty days after the Close of Escrow for Phase I Parcel, the Developer shall deposit $43,784 into a Phase II Escrow as a good faith deposit for the acquisition of the Phase II Parcel (the “Phase II Deposit”). Upon the Close of Escrow for Phase II, the Phase I Deposit shall not be applied to the purchase price for the Phase II Parcel, but shall be returned to Developer, as the Purchase Price is being paid by the loan from the Authority. If this Agreement is terminated 211 -20- P6401-0001\3023156v2.doc as to Phase II, and the termination is not due to a default by the Developer, the Phase II Deposit shall be immediately refunded to the Developer upon the date the Agreement is terminated. The Phase I Deposit and the Phase II Deposit shall each constitute liquidated damages to the City upon a termination of this Agreement as to the applicable Phase/parcel due to a default by Developer. BUYER ACKNOWLEDGES THAT BY ENTERING INTO THIS AGREEMENT, SELLER MAY REMOVE THE PROPERTY FROM THE ACTIVE REAL ESTATE MARKET AND THUS SUSTAIN MISSED OPPORTUNITIES AND EXTENDED CARRYING COSTS, AS WELL AS OTHER DAMAGES. IN THE EVENT THAT THE ESCROW AND THIS TRANSACTION FAIL TO CLOSE AS A RESULT OF THE DEFAULT OF BUYER IN THE PERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT, BUYER AND SELLER AGREE THAT SELLER WILL SUSTAIN THESE AND OTHER DAMAGES, AND THAT SELLER’S ACTUAL DAMAGES WOULD BE IMPRACTICABLE OR EXTREMELY DIFFICULT TO DETERMINE. THE PARTIES THEREFORE AGREE THAT IN THE EVENT THAT ESCROW AND THIS TRANSACTION FAIL TO CLOSE AS A RESULT OF A MATERIAL DEFAULT OF BUYER, AND SELLER IS READY, WILLING AND ABLE TO PERFORM ITS OBLIGATIONS HEREUNDER, SELLER, AS SELLER’S SOLE AND EXCLUSIVE REMEDY, IS ENTITLED TO LIQUIDATED DAMAGES IN THE AMOUNT OF THE INITIAL DEPOSIT THERETOFORE MADE. IN THE EVENT ESCROW FAILS TO CLOSE SOLELY AS A RESULT OF BUYER’S DEFAULT AND SELLER IS READY, WILLING AND ABLE TO PERFORM ITS OBLIGATIONS HEREUNDER, THEN (A) THIS AGREEMENT AND THE RIGHTS AND OBLIGATIONS OF BUYER AND SELLER HEREUNDER AND THE ESCROW CREATED HEREBY SHALL TERMINATE, AND (B) ESCROW AGENT SHALL, AND IS HEREBY AUTHORIZED AND INSTRUCTED TO, RETURN PROMPTLY TO BUYER AND SELLER ALL DOCUMENTS AND INSTRUMENTS TO THE PARTIES WHO DEPOSITED THE SAME. THE PAYMENT OF SUCH AMOUNT AS LIQUIDATED DAMAGES IS NOT INTENDED AS A FORFEITURE OR PENALTY WITHIN THE MEANING OF CALIFORNIA CIVIL CODE SECTIONS 3275 OR 3369 BUT IS INTENDED TO CONSTITUTE LIQUIDATED DAMAGES TO SELLER PURSUANT TO CALIFORNIA CIVIL CODE SECTIONS 1671, 1676 AND 1677. SELLER HEREBY WAIVES THE PROVISIONS OF CALIFORNIA C IVIL CODE SECTION 3389. SELLER AND BUYER ACKNOWLEDGE THAT THEY HAVE READ AND UNDERSTAND THE PROVISIONS OF THIS SECTION 3.3(b), AND BY THEIR INITIALS IMMEDIATELY BELOW, AGREE TO BE BOUND BY ITS TERMS. SELLERS’ INITIALS: __________________________ BUYER’S INITIALS _________________ Section 3.4 Opening Escrow. To accomplish the transfer of the Phase I Parcel and the Phase II Parcel from the City to the Developer, the Parties will promptly establish an escrow for each transfer with the Title Company after the Effective Date. The Parties will execute and deliver reasonable written instructions to the Title Company to accomplish the terms hereof, which instructions must be consistent with this Agreement. Section 3.5 Close of Escrow. The Close of Escrow shall occur within thirty (30) days after the Developer has met all of the closing conditions as set forth in Article 2 above for a 212 -21- P6401-0001\3023156v2.doc particular Parcel, but in no event shall the Close of Escrow occur later than August 31, 2025 for the Phase I Parcel, and in no event shall the Close of Escrow occur later than August 31, 2028 for the Phase II Parcel. At the applicable Close of Escrow, the City shall convey a fee interest in the applicable Parcel to the Developer by the delivery of a Grant Deed to Escrow in the form set forth in the attached Exhibit C for recording at the Close of Escrow. At the Close of Escrow for Phase I, the Developer shall execute and deliver to Escrow for recording at the Close of Escrow, the Phase I and Phase II Access Easement, the Parcel 9 Easement and the Maintenance Easement. Developer’s obligation to proceed with the acquisition of the Property from the City pursuant to the terms of this Agreement is subject to the fulfillment or waiver by Developer of each and all of the conditions precedent described below (“Developer Conditions Precedent”). The Developer Conditions Precedent are solely for the benefit of the Developer and shall be fulfilled or waived within the time periods provided for herein, and in any event, no later than the date specified in the Schedule of Performance. There exists no condition, event or act which would constitute a breach or default under this Agreement, the City Documents, the Development Approvals, or under any other project financing agreements or contracts related to the Development, or which, upon the giving of notice or the passage of time, or both, would constitute such a breach or default by the City. Subject to payment of the applicable fees, City shall be ready to issue the building permit(s) necessary for the Developer to Commence Construction of the Development. The Title Company shall, upon payment of Title Company’s regularly scheduled premium, be irrevocably committed to issue an owner’s title policy upon recordation of the applicable Grant Deed insuring Developer’s interest in the Property, subject only to the exceptions in Section 3.7 below. The Parcel Map has been approved by the City and the Developer and has been recorded or is ready to be recorded currently with the Close of Escrow in the Official Records of Riverside County. There shall be an absence of any condemnation, environmental or other pending governmental or any type of administrative or legal proceedings with respect to the Property which would materially and adversely affect Developer’s intended uses of the Property or the value of the Property. The City has executed and delivered to Escrow (x) the Phase I and Phase II Access Easement, (y) the Parcel 9 Easement and (z) the Maintenance Easement. The City has executed and delivered to Escrow applicable Housing Agreement and Notice of Affordability Restrictions, duly executed and acknowledged. There shall not have occurred between the Effective Date and the Closing a material adverse change to the physical condition of the Property. 213 -22- P6401-0001\3023156v2.doc There is no existing, pending or threatened litigation, suit, action or proceeding before any court or administrative agency affecting the City or the Developer or the Property that would, if adversely determined, materially adversely affect the Development or the Developer’s or the City’s ability to perform their obligations under this Agreement or the Developers’ ability to develop and operate the Development. Section 3.6 Costs of Escrow and Closing. The Developer must pay all of the City’s and Authority’s legal fees and costs, the cost of title insurance, transfer tax, Title Company document preparation, recordation fees, and the escrow fees of the Title Company, if any, and any additional costs to close the applicable escrow. The costs borne by the Developer are in addition to the Purchase Prices of the Parcels. Section 3.7 Condition of Title. Upon the Close of Escrow for each Phase, the Developer will take title subject to all title exceptions in the Title Report and all other liens, encumbrances, clouds and conditions, rights of occupancy or possession, except, applicable building and zoning laws and regulations; (a) The conditions and easements on the Parcel Map; (b) the Phase I and Phase II Access Easement; (c) the applicable Housing Agreement; (d) the applicable Density Bonus Agreement; (e) the applicable Deed of Trust and Notice of Restrictions; (f) any lien for current taxes and assessments or taxes and assessments accruing subsequent to Close of Escrow; (g) the liens of any Approved Financing (approved by the City); (h) any other matters created by or with the consent of Developer. Section 3.8 Condition of Property; City Information. In fulfillment of the purposes of Health and Safety Code Section 25359.7(a), to the City’s Current Actual Knowledge, no release of Hazardous Materials has come to be located on or beneath the Property exc ept as previously disclosed by the City to the Developer. The Developer has completed all due diligence activities, including but not limited to a physical adequacy determination of the Property, and may not terminate this Agreement as a result of the purported physical unsuitability of the Property. As used in this Agreement, the phrase “to the City’s Current Actual Knowledge” and words of similar import shall mean the actual knowledge of the City Manager (the “City Representative”), on behalf of the City, as of the Effective Date, without any duty of separate inquiry and investigation. The City represents and warrants that the City Representative is that person affiliated with the City most knowledgeable regarding the ownership and operation of the Property. Developer hereby agrees that the foregoing person shall not have or incur any personal liability for the breach of any representation or warranty in this Agreement, and that Developer’s sole remedy for any such breach shall be against the City. 214 -23- P6401-0001\3023156v2.doc Section 3.9 “As is” Conveyance. Prior to the effective date, the Developer was provided the opportunity to investigate the Property and has approved the physical condition of the Property. The Developer specifically acknowledges and agrees that the City is selling each Phase of the Property to the Developer and the Developer is buying each Phase of the Property from the City (and all thereon) on an “as is with all faults” basis and that the Developer is not relying on any representations or warranties of any kind whatsoever, express (except as expressly set forth in this agreement) or implied, from the City as to any matters concerning the Property, including without limitation: (1) the quality, nature, adequacy and physical condition of the Property (including, without limitation, topography, climate, air, water rights, water, gas, electricity, utility services, grading, drainage, sewers, access to public roads and related conditions); (2) the quality, nature, adequacy, and physical condition of soils, geology, and groundwater; (3) the existence, quality, nature, adequacy and physical condition of utilities serving the Property; (4) the development potential of the Property, and the Property’s use, habitability, merchantability, or fitness, suitability, value or adequacy of the Property for any particular purpose; (5) public or private restrictions on the use of the Property; (6) the compliance of the Property or its operation with any applicable codes, laws, regulations, statutes, ordinances, covenants, conditions and restrictions of any governmental or quasi-governmental entity or of any other person or entity; (7) the presence or absence of hazardous materials on, under or about the Property or the adjoining or neighboring property; and (8) the condition of title to the P roperty. The Developer affirms that the Developer has not relied on the skill or judgment of the City or any of its agents, employees or contractors to select or furnish the Property for any particular purpose, and that the City makes no warranty that the Property is fit for any particular purpose. The Developer acknowledges that it shall use its independent judgment and make its own determination as to the scope and breadth of its due diligence investigation which it shall make relative to the Property and shall rely upon its own investigation of the physical, environmental, economic, and legal condition of the Property (including, without limitation, whether the Property is located in any area which is designated as a special flood hazard area, dam failure inundation area, earthquake fault zone, seismic hazard zone, high fire severity area or wildland fire area, by any federal, state or local agency). The Developer undertakes and assumes all risks associated with all matters pertaining to the Property’s location in any area designated as a special flood hazard area, dam failure inundation area, earthquake fault zone, seismic hazard zone, high fire severity area or wildland fire area by any federal, state or local agency. Section 3.10 Survival. The terms and conditions of this Section expressly survive the Close of Escrow. The City is not liable or bound in any manner by any oral or written statements, representations, or information pertaining to the Property furnished by any contractor, agent, employee, servant, or other person. The Developer acknowledges that the lease price will reflect the “as is” nature of this sale and any faults, liabilities, defects, or other adverse matters that may be associated with the Property. The Developer has fully reviewed the discl aimers and waivers set forth in this Agreement with the Developer’s counsel and understands the significance and effect thereof. Section 3.11 Acknowledgment. The Developer acknowledges and agrees that: (1) to the extent required to be operative, the disclaimers of warranties contained in this Section are “conspicuous” disclaimers for purposes of all applicable laws and other legal requirements; and (2) the disclaimers and other agreements set forth in such sections are an integral part of this Agreement, that the lease price will be adjusted to reflect the same and that the City would not 215 -24- P6401-0001\3023156v2.doc have agreed to lease the Property to the Developer without the disclaimers and other agreements set forth in this Section. Section 3.12 Developer’s Release. The Developer, on behalf of itself and anyone claiming by, through or under the Developer hereby waives its right to recover from and fully and irrevocably releases the City and the Authority, and City Council members, Authority board members and the officers, directors, representatives, consultants, employees and agents of City and/or Authority (the “Released Parties”) from any and all claims, responsibility, and/or liability that the Developer may have or hereafter acquire against any of the Released Parties for any costs, loss, liability, damage, expenses, demand, action or cause of action arising from or related to: (1) the condition (including any construction defects, errors, omissions or other conditions, latent or otherwise), valuation, salability or utility of the Property, or its suit ability for any purpose whatsoever; (2) any presence of Hazardous Materials; and (3) any information furnished by the Released Parties under or in connection with this Agreement. Section 3.13 Scope of Release. The release set forth in Section 3.7(e) above includes claims of which the Developer is presently unaware or which the Developer does not presently suspect to exist which, if known by the Developer, would materially affect the Developer’s release of the Released Parties. The Developer specifically waives the provision of any statute or principle of law that provides otherwise. In this connection and to the extent permitted by law, the Developer agrees, represents and warrants that the Developer realizes and acknowledges that factual matters now unknown to the Developer may have given or may hereafter give rise to causes of action, claims, demands, debts, controversies, damages, costs, losses and expenses which are presently unknown, unanticipated and unsuspected, and the Developer further agrees, represents and warrants that the waivers and releases herein have been negotiated and agreed upon in light of that realization and that the Developer nevertheless hereby intends to release, discharge and acquit the Released Parties from any such unknown causes of action, claims, demands, debts, controversies, damages, costs, losses and expenses. Accordingly, the Developer, on behalf of itself and anyone claiming by, through or under the Developer, hereby assumes the above-mentioned risks and hereby expressly waives any right the Developer and anyone claiming by, through or under the Developer, may have under Section 1542 of the California Civil Code, which reads as follows: “A general release does not extend to claims which the creditor or released party does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor or released party.” Developer’s Initials: __________ Notwithstanding the foregoing, this release does not apply to, nor will the City be released from, the City’s actual fraud or misrepresentation. 216 -25- P6401-0001\3023156v2.doc ARTICLE 4 CONSTRUCTION OF DEVELOPMENT Section 4.1 Construction and Operation Consistent with Agreements. Unless modified by operation of Section 4.2, the Development must be constructed in accordance with the Scope of Development, the Construction Plans and the terms and conditions of the Approved Plans and the City Approvals. The Developer shall comply with all standards and requirements for construction, use, operation, maintenance, management and encumbrance of the Development which are set forth in this Agreement and the City Approvals. As between the City and the Developer, the Developer shall be solely responsible for all costs necessary for the constructio n and operation of the Development, including, but not limited to, any construction cost overruns. Developer shall defend, indemnify and hold City harmless from and against any and all claims, liabilities, damages, losses, costs and expenses arising directly or indirectly from or relating to any allegations that City is liable for failure by Developer to pay prevailing wages and/or comply with California Labor Code Sections 1720 et seq. (The foregoing is not an admission by Developer or City that prevailing wages are required in connection with any development on either Phase.) Section 4.2 Commencement of Developments; Interim Deadlines. The Developer must commence construction of the Phase I Development no later than ninety (90) days after closing of the conveyance of the Phase I Parcel]. The Developer must commence construction of the Phase II Development no later than ninety (90) days after closing of the conveyance of the Phase II Parcel. For purposes of this Section 4.2, commencement of construction means the material commencement of grading of the Phase. Section 4.3 Completion of the Developments. Subject to Section 10.3 below, the Developer must diligently prosecute to completion the construction of each Phase, and the Phase I Development must be completed no later than February 29, 2028, and the Phase II Development must be completed no later than February 28, 2031. Section 4.4 Equal Opportunity. During the construction of the Development, the Developer, and its successors, assigns, and subcontractors must not discriminate against any employee or applicant for employment in connection with the construction of the Development on any basis listed in Section 12940 of the Government Code. Each of the following activities must be conducted in a non-discriminatory manner: hiring; upgrading; demotion and transfers; recruitment and recruitment advertising; layoff and termination; rate of pay and other forms of compensation; and selection for training including apprenticeship. Section 4.5 Construction Under Laws. (a) Compliance with Project Documents. Developer shall construct the Development in conformance with the Approved Plans, Approved Financing, and Financing Proposal and consistent with the City Approvals. Developer shall notify the City in a timely manner of any changes in the work required to be performed under this Agreement, including any additions, changes, or deletions to the plans and specifications approved by the City. 217 -26- P6401-0001\3023156v2.doc (b) Compliance with Laws. Developer shall cause all construction work to be performed in compliance with, without limitation: (1) all applicable laws, ordinances, rules and regulations of federal, state, county or municipal governments or agencies now in force or that may be enacted hereafter, including without limitation state prevailing wages pursuant to Labor Code Sections 1770 et seq., and the regulations pursuant thereto; (2) all applicable federal and state accessibility requirements; and (3) all directions, rules and regulations of any fire marshal, health officer, building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction. The work shall proceed only after procurement of each permit, license, or other authorization that may be required by any governmental agency having jurisdiction, and Developer shall be responsible to the City for the procurement and maintenance thereof, as may be required of Developer and all entities engaged in work on the construction. (c) Prevailing Wage Laws. The Project is a work of public improvement such that Developer shall pay prevailing wages under California Labor Code Sections 1770 et seq. and shall comply with the other requirements of such statutes. Developer shall defend, indemnify and hold City and Authority harmless from and against any and all claims, liabilities, losses, damages, costs and expenses arising from or relating to any failure by Developer to do so. Section 4.6 Progress Reports. Until such time as the Developer has completed construction of the Development, as evidenced by the Certificate of Completion, the Developer must provide the City with quarterly progress reports regarding the status of the construction of the Development. Section 4.7 Construction Responsibilities. The Developer shall comply with the Schedule of Performance. (a) The Developer is solely responsible for all aspects of the Developer’s conduct in connection with the Development, including but not limited to the quality and suitability of the Construction Plans, the supervision of construction work, and the qualifications, financial condition, and performance of all architects, engineers, contractors, subcontractors, suppliers, consultants, and property managers. Any review or inspection undertaken by the City with reference to the Development is solely for the purpose of determining whether the Developer is properly discharging its obligations to the City and should not be relied upon by the Developer or by any third parties as a warranty or representation by the City as to the quality of the design or construction of the Development. Section 4.8 Mechanics Liens, Stop Notices, and Notices of Completion. If any claim of lien is filed against the Property or the Development or a stop notice is served on any lender or other third party in connection with the Development, then the Developer must, within twenty (20) days after such filing or service, either pay and fully discharge or cause the Developer’s contractor to pay and fully discharge, the lien or stop notice, effect the release of such lien or stop notice by delivering to the City a surety bond from a surety reasonably acceptable to the City in sufficient form and amount, or provide the City with other assurance reasonably satisfactory to the City that the claim of lien or stop notice will be paid or discharged. (a) If the Developer fails to discharge any lien, encumbrance, charge, or claim in the manner required in this Section or obtain a surety bond, then in addition to any other right or remedy, the City may (but is under no obligation to) discharge such lien, 218 -27- P6401-0001\3023156v2.doc encumbrance, charge, or claim at the Developer’s expense. Alternatively, the City may require the Developer to immediately deposit with the City the amount necessary to satisfy such lien or claim and any costs, pending resolution thereof. The City may use such deposit to satisfy any claim or lien that is adversely determined against the Developer. (b) The Developer must file a valid notice of cessation or notice of completion upon cessation of construction of the Development for a continuous period of thirty (30) days or more and take all other reasonable steps to forestall the assertion of claims of lien against the Property or the Development. The Developer authorizes the City, but without any obligation, to record any notices of completion or cessation of labor, or any other notice that the City deems necessary or desirable to protect its interest in the Development and Property. Section 4.9 Inspections. The Developer must permit and facilitate, and require its contractors to permit and facilitate, observation and inspection at the Development by the City and the Authority during business hours with reasonable notice. Section 4.10 Records. The Developer must maintain complete, accurate, and current records pertaining to the Development for a period of seven (7) years after the creation of such records, and permit any duly authorized representative of the City to inspect and copy records during regular business days/hours. Records must be kept accurate and current, and s hall be kept at Developer’s corporate office at 100 Pacifica, Suite 203, Irvine, California. Upon reasonable written notice from the City requesting to review specified Developer records, the Developer shall deliver the records to the City’s offices within fifteen (15) days following the City’s request. (a) The City will notify the Developer of any records it deems insufficient. The Developer will have thirty (30) days after delivery of such a notice to correct any deficiency in the records specified by the City in such notice, or if a period longer than thirty (30) days is reasonably necessary to correct the deficiency, then the Developer must begin to correct the deficiency within thirty (30) days and complete the correction of the deficiency as soon as reasonably possible. Section 4.11 Certificate of Completion. Promptly after completing the Development on a Parcel (Phase I or II) in accordance with those provisions of this Agreement that relate solely to the obligations of Developer to construct the Development (including the dates for beginning and completion thereof), the City will provide a Certificate of Completion so certifying (the “Certificate of Completion”). The Certificate of Completion will be the conclusive determination that certain covenants in this Agreement with respect to the obligations of the Developer to construct the Development (excluding the Developer’s compliance with Section 4.6) and the dates for the beginning and completion thereof have been met. The Certificate of Completion shall be in such form as will enable such certificate to be recorded in the Official Records. The Certificate of Completion will not constitute evidence of compliance with or satisfaction of any obligation of the Developer to: (a) any holder of a Security Financing Inte rest. The Certificate of Completion may not be deemed a notice of completion under the California Civil Code. 219 -28- P6401-0001\3023156v2.doc ARTICLE 5 AUTHORITY LOAN PROVISIONS Section 5.1 Authority Loans. Subject to the terms and conditions set forth in this Agreement, the Authority shall make a loan to the Developer for the Phase I Development in the original principal amount of $1,965,539 and a loan for the Phase II Development in the original principal amount of not less than $4,789,461. The Authority Loan shall be evidenced by two promissory notes: (a) a Promissory Note for the Phase I Development executed by Developer in favor of City in the amount of $1,965,539 secured by the Deed of Trust executed by the Developer as trustor in favor of the City as beneficiary and recorded against the Developer’s fee interest in the Phase I Parcel. and (b) a Promissory Note for the Phase II Development executed by Developer in favor of City in the amount not less than $4,789,461 secured by the Deed of Trust executed by the Developer as trustor in favor of the City as beneficiary and recorded against the Developer’s fee interest in the Phase II Parcel. Section 5.2 Use of Authority Loan. The proceeds of the Authority Loans shall be used to fund the acquisition (pay the purchase prices) of the Parcels, and the remainder of the Authority Loan for the Phase II Development shall be used for construction costs of the Phase II Development. Section 5.3 Delivery of Promissory Notes; Recording of Housing Agreements; Deeds of Trust; Notices of Restrictions. Prior to the Close of Escrow and in accordance with the Schedule of Performance, the City shall cause escrow holder to first record the Subdivision Map. Upon and as a condition to the Close of Escrow for a Parcel, the escrow holder shall first record the applicable grant deed, and then the applicable Housing Agreement and Density Bonus Agreement for that Phase, the applicable Notice of Restrictions and then the applicable Deed of Trust for the applicable Agency Loan (with no intervening recordings). The Housing Agreement and Notice of Restrictions shall remain in full force and effect for fifty-five (55) years after the issuance of the final Certificate of Occupancy for the Development on the applicable Phase, regardless of any repayment of the applicable Authority Loan following a Developer Event of Default or otherwise. The Executive Director of the Authority shall have the authority to execute reasonable subordination agreements subordinating the Authority Deed of Trust for a Phase to the deeds of trust securing other construction and permanent financing, provided copies of the senior loan documents shall have been provided for the City’s reasonable review. Section 5.4 Term of the Authority Loan. Unless sooner due under the terms of the applicable Note, all principal and interest on the applicable Authority Loan shall be due upon the earliest of: a Transfer of any portion of the applicable collateral Property or the Developer’s interest in such Property other than a Transfer permitted or approved by the Authority as provided in Section 10.6; (a) the occurrence of a Developer Event of Default for which the Authority exercises its right to cause the Authority Loan indebtedness to become immediately due and payable, or (b) a default under the Housing Agreement which has not been cured within the time periods specified therein. 220 -29- P6401-0001\3023156v2.doc (c) Fifty-five (55) years from the date of the applicable final Certificate of Occupancy. Section 5.5 Interest; Payments. Simple interest at three percent (3%) per annum shall accrue on the outstanding principal amount of the applicable Authority Loan except in a Developer Event of Default, whereupon interest shall accrue from and after the date of the applicable Promissory Note until paid at the rate of ten percent (10%) or the highest rate permitted by law. Payments shall be structured as residual receipts paym ents over the course of the applicable Authority Loan and shall first be applied to interest then to principal. Section 5.6 Disbursement of Authority Loans; Disbursement of Authority Loan for Phase I. The Authority shall deposit into Escrow the Phase I loan. The Phase I funds shall be disbursed by escrow holder to pay the Phase I Purchase Price. Section 5.7 Disbursement of Authority Loan for Phase II. The Authority shall deposit into Escrow the Phase II loan in the amount of the Phase II Parcel purchase price. The Authority shall also deposit into Escrow the remainder of such loan together with a counterpart of the agreement with the primary construction lender governing that lender’s holding and disbursement of the City’s construction loan funds, with instructions to deliver such funds to such lender provided Escrow has an executed counterpart of such agreement from such lender that is to be delivered to the Authority. If no such agreement is reached or executed and delivered, then Authority shall disburse the construction loan portion of its Phase II loan, not more often that once every thirty (30) days, pursuant to normal and reasonable construction loan disbursement conditions, including that Developer not be in default under the applicable loan documents, that Developer shall have submitted a draw request certifying that the Authority loan is “in balance” (enough undisbursed funds from committed loans exist to pay all Project construction costs) and specifying the costs to be paid (by line item in the budget) with reasonable evidence of such costs, conditional partial mechanics lien releases from payees of the current draw and unconditional partial mechanics lien releases for the costs/work paid with the previous draw of construction loan funds. Section 5.8 Repayment Schedule. The Authority Loans shall be repaid as follows: (a) Payments. Commencing on the first June 1st following the completion of the Phase, and on each June 1st thereafter until the applicable Promissory Note is paid in full, the Developer shall make repayments of the applicable Authority Loan from fifty percent (50%) of Residual Receipts. The Authority will share the fifty percent (50%) of Residual Receipts payment with the other public entities providing loans to the Developer for the respective Phase. The Authority’s percentage share of fifty percent (50%) of Residual Receipts shall be equal to the percentage derived by dividing the Authority loan amount by the combined total of the Authority Loan and the other public entity loans committed to the Developer. The Developer shall provide the Authority, within one hundred eighty (180) days following the end of each calendar year, an Annual Financial Statement showing the actual income and expenditures with respect to the Development for the immediately preceding calendar year. Payments made shall be credited first against accrued interest and then against outstanding principal. 221 -30- P6401-0001\3023156v2.doc (b) Payment in Full. All principal and interest, if any, on the applicable Authority Loan shall, at the option of the Authority, be due and payable upon the earliest of: (1) a Transfer other than a Transfer permitted or approved by the Authority as provided in Article 7 below; (2) the occurrence of an Event of Default for which the Authority exercises its right to cause the applicable Authority Loan indebtedness to become immediately due and payable; or (3) the maturity date of the applicable Promissory Note. (c) Prepayment. The Developer shall have the right to prepay the Authority Loans at any time. Section 5.9 Reports and Accounting of Residual Receipts; Audited Financial Statement. In connection with the annual repayment of the Authority Loans, the Developer shall furnish to the Authority an Annual Financial Statement. Section 5.10 Books and Records. The Developer shall keep and maintain full, complete and appropriate books, record and accounts relating to the Development, including all such books, records and accounts necessary or prudent to evidence and substantiate in full detail the Developer’s calculation of the applicable Residual Receipts, at the Developer’s corporate office currently at 100 Pacifica, Suite 203 in the City of Irvine. Books, records and accounts relating to the Developer’s compliance with the terms, provisions, covenants and conditions of this Agreement shall be kept and maintained in accordance with generally accepted accounting principles consistently applied and shall be consistent with requirements of this Agreement which provide for the calculation of Residual Receipts on a cash basis. All such books, records, and accounts shall be open to and available for inspection by the Authority, its auditors or other authorized representatives at reasonable intervals during normal business hours on reasonable prior notice to the Developer. Copies of all tax returns and other reports that the Developer may be required to furnish any governmental agency shall at all reasonable times be open for inspection by the Authority at the place that the books, records and accounts of the Developer are kept. The Developer shall preserve records on which any statement of Residual Receipts is based for a period of not less than five (5) years after such statement is rendered. Section 5.11 Non-Recourse. Following recordation of the applicable Deed of Trust, and except as provided below, the Developer shall not have any direct or indirect personal liability for payment of the principal of, or interest on, the applicable Authority Loan or the performance of the covenants of the Developer under the applicable Deed of Trust. The sole recourse of the Authority with respect to the principal of, or interest on, the applicable Promissory Note and defaults by the Developer in the performance of its covenants under the applicable Deed of Trust shall be to the property described in such Deed of Trust; provided, however, that nothing contained in the foregoing limitation of liability shall: (a) limit or impair the enforcement against all such security for the applicable Promissory Note of all the rights and remedies of the Authority thereunder; or (b) be deemed in any way to impair the right of the Authority to assert the unpaid principal amount of the applicable Promissory Note as demand for money within the meaning and intendment of Section 431.70 of the California Code of Civil Procedure or any successor provision thereto. The foregoing limitation of liability is intended to apply only to the obligation for the repayment of the principal of, and payment of interest on the applicable Promissory Note, except 222 -31- P6401-0001\3023156v2.doc as hereafter set forth; nothing contained herein is intended to relieve the Developer of personal liability for (1) fraud or willful misrepresentation; (2) the failure to pay taxes, assessments or other charges (which are not contested by Developer in good faith) which may create liens on the Property or Phase that are payable or applicable prior to any foreclosure under the applicable Deed of Trust (to the full extent of such taxes, assessments or other charges); (3) the Developer’s indemnification obligations under this Agreement; (4) misappropriation of any rents, security deposits, insurance proceeds, condemnation awards or any other proceeds derived from the collateral security and (5) payment to the Authority of any rental income or other income arising with respect to the Property received by the Developer after the Authority has given notice to the Developer of the occurrence of an Event of Default, subject to the rights of any lender providing a loan secured by the Property to which Authority has subordinated the Deed of Trust. ARTICLE 6 ONGOING DEVELOPER OBLIGATIONS Section 6.1 Applicability. The conditions and obligations set forth in this Article 6 apply throughout the term of the Regulatory Agreement, unless a different period of applicability is specified for a particular condition or obligation. Section 6.2 Use of Development. The Developer hereby agrees that, for the entire Term, the Development will be used and continuously operated only as affordable housing in accordance with all applicable requirements of the California Community Redevelopment Law (the “Law”), including, but not limited to, the requirement that such housing be provided to households described in Section 50079.5 of the Law, at rents not exceeding the amounts set forth in Section 50053(b)(3). In the event of any conflict between the terms of this Agreement and the Regulatory Agreement, the Developer shall comply with the stricter requirement. In addition, the Developer shall comply with the TCAC Regulatory Agreement (each while they are in effect) all other applicable laws, statutes, and regulations governing the Development, including, but not limited to affordability restrictions of all other public entities encumbering the Phase and the applicable requirements of Code Section 42, and all TCAC regulations, for such time that the Development is subject to such regulations. Section 6.3 Maintenance. The Developer agrees to maintain all interior and exterior portions of the Development, including landscaping, of the Development in first-class condition and repair and in a sanitary condition (and, as to landscaping, in a healthy condition, subject to any restrictions on water use) and all applicable laws, rules, ordinances, orders, and regulations of all federal, state, municipal, and other governmental agencies and bodies having or claiming jurisdiction and all their respective departments, bureaus, and officials. (a) The Developer acknowledges the great emphasis the City places on quality maintenance to protect its investment and to provide quality affordable and market-rate housing for area residents. In addition, the Developer must keep the Development free from all graffiti, and any accumulation of shopping carts, debris or waste material. The Developer must promptly make all repairs and replacements necessary to keep the Development in first-class condition and repair and promptly eliminate all graffiti and replace dead and diseased plants and landscaping with comparable approved materials. 223 -32- P6401-0001\3023156v2.doc (b) In the event that the Developer breaches an y of the covenants contained in this Section and such default continues for a period of seven (7) days after written notice from the City with respect to graffiti, debris, waste material, and general maintenance or thirty (30) days after written notice from the City with respect to landscaping and building maintenance, then the City, in addition to whatever other remedy it may have at law or in equity, will have the right to enter upon the Property and perform or cause to be performed all such acts and work necessary to cure the default. Under such right of entry, the City will be permitted (but is not required) to enter upon the Property and perform all acts and work necessary to protect, maintain, and preserve the Development and landscaped areas on the Property, and Developer shall reimburse City for the costs thereof and a ten percent (10%) administrative charge within ten (10) days after written demand with evidence of the costs. Section 6.4 Taxes and Assessments. The Developer must pay all real and personal property taxes, assessments and charges and all franchise, income, employment, social security benefit, withholding, sales, and other taxes assessed against it, or payable by it, at such times and in such manner as to prevent any penalty from accruing, or any lien or charge from attaching to the Property; provided, however, that the Developer has the right to contest in good faith, any such taxes, assessments, or charges. In the event the Developer exercises its right to contest any tax, assessment, or charge against it, the Developer, on final determination of the proceeding or contest, must immediately pay or discharge any decision or judgment rendered against it, together with all costs, charges and interest. Section 6.5 Mandatory Language in All Subsequent Deeds, Leases and Contracts; Basic Requirement. The Developer may not restrict the rental, sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the Development on any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code. Developer or any person claiming under or through the Developer may not establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the Development. The foregoing covenant runs with the land. Section 6.6 Provisions in Conveyance Documents. All deeds, leases or contracts made or entered into by Developer, and its successor and assigns permitted under this Agreement, as to any portion of the Property must contain therein the following language: (1) In Deeds: “(1) Grantee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) and (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955 and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the property herein conveyed, nor shall the grantee or any person claiming under or through the grantee, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, 224 -33- P6401-0001\3023156v2.doc subtenants, sublessees or vendees in the property herein conveyed. The foregoing covenant shall run with the land. (2) Notwithstanding paragraph (1), with respect to familial status, paragraph (1) shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in paragraph (1) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to paragraph (1).” (2) In Leases: “(1) Lessee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) and (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955 and Section 12955.2 of the Government Code in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the premises herein leased nor shall the lessee or any person claiming under or through the lessee, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased. (2) Notwithstanding paragraph (1), with respect to familial status, paragraph (1) shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in paragraph (1) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to paragraph (1).” (3) In Contracts: “(1) There shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) and (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955 and Section 12955.2 of the Government Code in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the property nor shall the transferee or any person claiming under or through the transferee establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the land. (2) Notwithstanding paragraph (1), with respect to familial status, paragraph (1) shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in paragraph (1) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, 225 -34- P6401-0001\3023156v2.doc relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to paragraph (1).” Section 6.7 Management Agent. The Developer shall manage or cause the Development to be managed in a prudent and business-like manner, consistent with good property management standards for other comparable high quality, well-managed affordable rental housing projects in the City of Palm Desert. The Developer shall be responsible for all repair and maintenance functions of the Development, including ordinary maintenance and replacement of capital items. The Developer shall ensure maintenance of units and common areas in accordance with local health, building and housing codes. Developer may contract with an experienced property management company or property manager, to operate and maintain the Development (“Property Manager”). The Property Management contract shall be subject to prior written approval by the City and shall contain a provision allowing the Developer, with the approval of the lenders and the California Tax Allocation Committee, to terminate the contract without penalty upon no more than thirty (30) days’ notice. (a) The Developer will develop a management plan and deliver a copy thereof to City as a condition to the closing of each Phase (a “Property Management Plan”). The Property Management Plan shall include the following: (1) The role and responsibility of the Developer and its delegation of authority, if any, to the Property Manager; (2) Personnel policy and staffing arrangements, including ongoing training of staff in best practices for serving the Project tenants; (3) Plans and procedures for publicizing and achieving early and continued occupancy; (4) Procedures for determining tenant eligibility, and selecting tenants, and for certifying and annually recertifying household status, income and size; (5) Plans for carrying out an effective maintenance and repair program; (6) Rent collection policies and procedures; (7) Plans for enhancing tenant-management relations; (8) Appeal and grievance procedures; (9) Description of how service staff and property management staff will work together to prevent evictions and to facilitate the implementation of reasonable accommodation policies. (b) Upon a determination by the City that the Property Manager has failed to operate the Development in accordance with the Management Plan, the City shall provide 226 -35- P6401-0001\3023156v2.doc written notice to the Developer specifying the Property Manager’s breach of the Management Plan and providing the Developer at least thirty (30) days to cure the specified breach. Within thirty (30) days the Developer must either use good faith efforts to cure the breach or, if such cure is of the nature to take longer than thirty (30) days, the Developer shall commence the cure during the thirty (30) day period and complete the cure by the conclusion of one hundred eighty (180) days the Developer’s receipt of the City’s notice, or in such other time period as the parties may mutually agree. If the Developer has failed to cure the breach of the Management Plan by the expiration of the relevant cure period, the City may immediately provide a written notice to the Developer requiring that the Developer promptly terminate the existing Property Manager a nd contract with an alternative qualified management agent to operate the Project, each with the approval of the lenders and the California Tax Allocation Committee, or to make such other arrangements as the City deems reasonably necessary to ensure performance of the functions and obligations set forth in the applicable Property Management Plan. Section 6.8 Insurance Requirements; Required Coverage. The Developer must maintain and keep in force, at the Developer’s sole cost and expense, the following insurance applicable to the Development: (a) Workers’ Compensation insurance, as required by the State of California and consistent with statutory limits, and Employers’ Liability coverage, with limits not less than One Million Dollars ($1,000,000) each accident for bodily injury or disease. (b) Commercial General Liability insurance with limits not less than One Million Dollars ($1,000,000) each occurrence and Five Million Dollars ($5,000,000) aggregate combined single limit for Bodily Injury and Property Damage, including covera ges for Contractual Liability, Personal Injury, Broad form Property Damage, Products and Completed Operations. Products and Completed Operations coverage must be obtained no later than completion of construction of the Development. The Developer shall cause the Developer’s general contractor to maintain Commercial General Liability insurance with limits not less than Two Million Dollars ($2,000,000) each occurrence and Four Million Dollars ($4,000,000) aggregate combined single limit for Bodily Injury and Property Damage, including coverages for Contractual Liability, Personal Injury, Broad form Property Damage, Products and Completed Operations. (c) Commercial Automobile Liability insurance with limits not less than One Million Dollars ($1,000,000) each occurrence combined single limit for Bodily Injury and Property Damage, including coverages for owned, non -owned and hired vehicles, as applicable; provided, however, that if the Developer does not own or lease vehicles, or operate any non-owned vehicles for purposes of this Agreement, then no automobile liability insurance will be required and both Parties to this Agreement must initial this provision signifying same. (d) Professional liability insurance in an amount not less than One Million Dollars ($1,000,000) each occurrence and Two Million Dollars ($2,000,000) aggregate policy limit. Developer may meet this requirement by requiring any design professional retained by the Developer or general contractor to maintain professional liability insurance in the minimum amounts specified in this subsection. 227 -36- P6401-0001\3023156v2.doc (e) Builders’ risk insurance during the course of construction (and upon completion of construction, property insurance) covering the Development and covering all risks of loss, excluding earthquake and including flood (if required), for one hundred percent (100%) of the replacement value, with deductible, if any, acceptable to the City. Section 6.9 Subcontractor’s Insurance. Developer must require and verify that all subcontractors and agents working on the Development maintain Workers’ Compensation insurance meeting all the requirements stated in this Section, and Developer must ensure that City and the Authority are both additional insureds on insurance required from subcontractors as described in subsection (c)(2) of this Section. (a) General Requirements. (1) Except for professional liability, the required insurance must be provided under an occurrence form, and the Developer must maintain such coverage continuously throughout the Term. Should any of the required insurance be provided under a form of coverage that includes an annual aggregate limit or provides that claims investigation or legal defense costs be included in such annual aggregate limit, such annual aggregate limit must be three (3) times the occurrence limits specified above. (2) All Commercial General Liability, Commercial Automobile Liability and Property insurance policies (including builders’ risk) must be endorsed to name as additional insureds the City, the Authority and their elected officials, officers, directors, representatives, consultants, employees, and agents. The endorsement must include liability arising out of work or operations performed by or on behalf of Developer including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired or borrowed by or on behalf of Developer. For commercial general liability, the policy must be endorsed with a form at least as broad as ISO form CG 20 10 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used. (3) Developer’s insurance must be primary to any other insurance (including self-insurance) available to the City or the Authority (including elected officials, officers, directors, representatives, consultants, employees, and agents) with respect to any claim arising out of this Agreement. Any insurance maintained by the City or Authority shall be excess of the Developer’s insurance and shall not contribute with it. (4) No policy shall be canceled, limited, or allowed to expire without renewal until after thirty (30) days written notice has been given to the City and Authority by first class mail. (5) Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Entity. Exception may be made for the State Compensation Insurance Fund when not specifically rated. (b) Deductibles. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: 228 -37- P6401-0001\3023156v2.doc (1) Developer must reduce or eliminate such deductibles or self- insured retentions as respects the City and its elected officials, officers, directors, representatives, consultants, employees, and agents; or, (2) Developer must provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. (c) Subrogation Waiver. Developer hereby grants to City and the Authority a waiver of any right to subrogation which any insurer of Developer may acquire against the City by virtue of the payment of any loss under such insurance. Developer agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation. The Workers’ Compensation policy must be endorsed with a waiver of subrogation in favor of City for all work performed by Developer, its employees, agents, and subcontractors. This provision applies regardless of whether or not the City or Authority has requested or received a waiver of subrogation endorsement from the insurer. Section 6.10 Certificates of Insurance. As a condition to the Close of Escrow for each Phase, the Developer must provide certificates of insurance, in form and with insurers reasonably acceptable to the City, evidencing compliance with the requirements of this Section, and must provide complete copies of such insurance policies, including endorsements as required by this Section. However, failure to obtain the required documents before the work beginning shall not waive Developer’s obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. Section 6.11 Additional Coverage. Developer may carry, at its own expense, any additional insurance it deems necessary or prudent. If Developer maintains higher levels than the minimums shown above, City requires and shall be entitled to coverage for the higher limits maintained by Developer. Any available insurance proceeds in excess of the specified minimum levels of insurance and coverage shall be available to the City. Section 6.12 Audits. The Developer must make available for examination at reasonable intervals and during normal business hours to the Authority and the City all books, accounts, reports, files, and other papers or property with respect to all matters covered by this Agreement, and permit the Authority and the City to audit, examine, and make excerpts or transcripts from such records, and such records shall be kept at 100 Pacifica, Suite 203 in the City of Irvine. The Authority and the City may make audits of such records. 229 -38- P6401-0001\3023156v2.doc ARTICLE 7 ASSIGNMENTS AND TRANSFERS Section 7.1 Definitions. As used in this Article 7, the term “Transfer” means: Any total or partial sale, assignment or conveyance, or any trust or power, or any transfer in any other mode or form, of or with respect to this Agreement or of the Development or any part thereof or any interest therein or any contract or agreement to do any of the same; (a) Any total or partial sale, assignment or conveyance, or any trust or power, or any transfer in any other mode or form, of or with respect to any ownership interest in Developer or any contract or agreement to do any of the same; (b) Any merger, consolidation, sale or lease of all or substantially all of the assets of the Developer; or (c) The leasing of part or all of the Development thereon; provided, however, that leasing of the Units included within the Development to tenant occupants in accordance with the Regulatory Agreement or the leasing of the Commercial Space in the Development in accordance with this Agreement shall not be deemed a Transfer for purposes of this Article 7. Section 7.2 Purpose of Restrictions on Transfer. This Agreement is entered into solely for the purpose of the development and operation of the Development and its subsequent use in accordance with the terms hereof. The Developer recognizes that the qualifications and identity of Developer are of particular concern to the City, in view of: (a) The importance of the redevelopment of the Property to the general welfare of the community; (b) The land acquisition assistance and other public aids that have been made available by law and by the government for the purpose of making such redevelopment possible; (c) The reliance by the City upon the unique qualifications and ability of the Developer to serve as the catalyst for development of the Property; (d) The fact that a change in ownership or Control of the Developer, or of a substantial part thereof, or any other act or transaction involving or resulting in a significant change in ownership or with respect to the identity of the parties in Control of the Developer is for practical purposes a transfer or disposition of the Property; (e) The fact that the Property is not to be acquired or used for speculation, but only for development and operation by the Developer in accordance with this Agreement and the Regulatory Agreement; and 230 -39- P6401-0001\3023156v2.doc (f) The Developer further recognizes that it is because of such qualifications and identity that the City is entering into this Agreement with the Developer and that Transfers are permitted only as provided in this Agreement. Section 7.3 Prohibited Transfers. Any Transfer made in contravention of this Section and is void and are deemed to be a D eveloper Event of Default under this Agreement whether or not the Developer knew of or participated in such Transfer. Except for permitted Transfers described in Section 7.4, no Transfer shall be permitted in the absence of specific written agreement by the City, and, unless approved by the City in writing, no Transfer or assignment will be deemed to relieve the Developer or any other party from any obligations under this Agreement. Section 7.4 Permitted Transfers. Notwithstanding the provisions of Section 7.3, the following Transfers are permitted and are hereby approved by the City without further review. Any consent by the City under this Section 7.4 shall constitute the consent of the Authority: (a) Notwithstanding the provisions of Section 7.3, the following Transfers shall be permitted and are hereby approved by the City: (1) Any Transfer creating a Security Financing Interest permitted pursuant to the approved Financing Proposal; (2) Any Transfer of an entire Phase to a limited partnership in which the Developer or an entity Controlled by the Developer is the administrative general partner of such limited partnership (provided City shall have been given a copy of the limited partnership, and copies of the organizational documents of the general partner). (3) The Transfer of an entire Phase to a nonprofit managing general partner pursuant to a right of first refusal agreement given by a limited partnership owner of the Phase. (4) The Transfer of an entire Phase to the administrative general partner pursuant to an option agreement given by a limited partnership owner of the Phase. (5) The admission of a tax credit investor limited partner to Developer, and any subsequent transfer of investor limited partner interest thereafter. (6) Any Transfer directly resulting from the foreclosure of a Security Financing Interest or the granting of a deed in lieu of foreclosure of a Security Financing Interest or as otherwise permitted under Article; (7) The leasing of residential units within the Development in accordance with the applicable Housing Agreement; (8) The granting of reasonable easements or permits to facilitate the Development of the Property. Section 7.5 Other Transfers with City Consent. Any Transfers not permitted under Section 7.4 shall require the prior written approval of the City Manager. 231 -40- P6401-0001\3023156v2.doc (a) No Transfer of this Agreement permitted under this Section will be effective unless, at the time of the Transfer, the transferor and transferee enter into and records an assignment and assumption agreement in a form reasonably approved by the City Manager. Section 7.6 Termination of Limitations on Transfers. The limitations on Transfers set forth in this Article 7 shall apply with respect to the Property or a Phase until issuance by the City of a Certificate of Completion for the Phase. ARTICLE 8 DEFAULT AND REMEDIES Section 8.1 General Applicability. The provisions of this Article 8 govern the Parties’ remedies for breach or failure of this Agreement. If a closing condition does not occur, then either Party shall not be obligated to convey or accept the applicable parcel, may terminate the obligation to convey/accept and the Deposit shall be returned to the Developer; however, the foregoing does not relieve a party from the implied covenant of good faith and fair dealing (with the understanding that such implied covenant does not apply to the City acting in its governmental capacity). Section 8.2 Fault of City. Each of the following events, if uncured after expiration of the applicable cure period in constitutes a “City Event of Default”. The City, without good cause, fails to sell the Property to the Developer in the manner set forth in Article 3 and the Developer is otherwise entitled by this Agreement to such conveyance; or (a) The City breaches any other material provision of this Agreement which is materially adverse to Developer. Section 8.3 Fault of Authority. Each of the following events, if uncured after expiration of the applicable cure period, constitutes an “Authority Event of Default”: (a) The Authority, without good cause, fails to disburse the Authority Loan to the Developer in the manner set forth in Article 5 and the Developer is otherwise entitled by this Agreement to the disbursement; or (b) The Authority breaches any other material provision of this Agreement which is materially adverse to Developer. Section 8.4 Fault of Developer. Each of the following events, if uncured after expiration of the applicable cure period, constitutes a “Developer Event of Default”: (a) The Developer fails to exercise good faith and diligent efforts to satisfy, within the time and in the manner set forth in Article 3, one or more of the conditions precedent to the City’s obligation to convey the Property to the Developer; (b) The Developer refuses to accept conveyance from the City of the Property within the time periods and under the terms set forth in Article 3 and fails to cure the default within thirty (30) days after notice of default from City or Authority; 232 -41- P6401-0001\3023156v2.doc (c) The Developer fails to construct the Development in violation of Article 4 cure the default within thirty (30) days after notice of default from City or Authority; (d) The Developer fails to comply with any construction deadlines in the Schedule of Performance. (e) Any default by the Developer under the Housing Agreement shall also be a Developer Event of Default under this Agreement and the Authority Loan Documents, subject to any required notice and cure period under the Housing Agreement; (f) A Transfer occurs, either voluntarily or involuntarily, in violation of Article 7; (g) Any representation or warranty contained in this Agreement or in any application, financial statement, certificate, or report submitted to the City in connection with this Agreement proves to have been incorrect in any material and adverse respect when made; (h) A court having jurisdiction makes or enters any decree or order: (1) adjudging the Developer to be bankrupt or insolvent; (2) approving as properly filed a petition seeking reorganization of the Developer, or seeking any arrangement for the Developer, under the bankruptcy law or any other applicable debtor’s relief law or statute of the United States or any state or other jurisdiction; (3) appointing a receiver, trustee, liquidator, or assignee of the Developer, in bankruptcy or insolvency or for any of their properties; or (4) directing the winding up or liquidation of the Developer, if any such decree or order described in clauses (1) to (4), inclusive, continued unstayed or undischarged for a period of ninety (90) days unless a lesser time period is permitted for cure under any other mortgage on the Property, in which event such lesser time period will apply under this subsection (i) as well; or the Developer, admits in writing its inability to pay its debts as they fall due or voluntarily submits to or files a petition seeking any decree or order of the nature described in clauses (1) to (4), inclusive; (i) The Developer assigns its assets for the benefit of its creditors or suffered a sequestration or attachment of or execution on any substantial part of its property, unless the property so assigned, sequestered, attached or executed upon have been returned or released within ninety (90) days after such event (unless a lesser time period is permit ted for cure under any other mortgage on the Property, in which event such lesser time period will apply under this subsection as well) or prior to sooner sale under such sequestration, attachment, or execution; (j) The Developer voluntarily suspends its business or, the Developer is dissolved or terminated; (k) There occurs any default declared by any entity under any loan document to which City or Authority is not a party/beneficiary, and which is related to any loans secured by a deed of trust on the Development or any such deed of trust or any regulatory agreement recorded against the Property (other than the Housing Agreement), after the expiration of applicable cure periods in the applicable documents; or (l) The Developer breaches any other provision of this Agreement and fails to cure the default within thirty (30) days after notice of default from City or Authority, or 233 -42- P6401-0001\3023156v2.doc the Developer breaches any other provision of any Authority Loan Documents and fails to cure the same within: (a) the cure period in the Authority Loan Documents, if any applicable to the default; or (b) if no cure period applies, and the default is not included/described in the preceding subsections, then Developer fails to cure the default within thirty (30) days after written notice from Authority. Section 8.5 Notice and Cure Period Regarding City/Authority Defaults. Before initiating any action for relief against City or Authority for an alleged breach of this Agreement, Developer must deliver to City or Authority, as applicable, a written notice of breach specifying all of the reasons for the allegation of default with reasonable particularity. Within thirty (30) days, City or Authority (as applicable) must either: (1) use good faith efforts to cure the breach or, if such cure is of the nature to take longer than thirty (30) days, to follow the procedures specified in subsection (b) below; or (2) if in the determination of the City or Authority, the event does not constitute a breach of this Agreement, the City or Authority, as applicable, within thirty (30) days of receipt of the Notice of Default, must deliver to Developer a notice which sets forth with reasonable particularity the reasons that a default has not occurred. Failure to respond within the thirty (30) day period may not be deemed an admission of the default. (a) If the City or Authority, as applicable, believes that the Default cannot practically be cured within the thirty (30)-day period, it shall not be in Default provided that: (1) the cure is commenced during the thirty (30) day period after receipt of the Notice of Default; (2) within the thirty (30) day period, the Defaulting Party provides a schedule to Developer for cure, ; and (3) the cure is thereafter diligently prosecuted to completion, and City or Authority as applicable uses good faith efforts to comply with the schedule. Section 8.6 Remedies; City Remedies. With respect to an uncured Developer Event of Default, the City shall be entitled to take any or all of the following remedies: (a) Terminating this Agreement by giving written notice to the Developer; provided, however, that the City’s remedies under this Article 8 and the indemnification provisions of this Agreement survive such termination. If the City elects to terminate this Agreement, the provisions of this Agreement that are specified to survive such termination shall remain in full force and effect. (b) Prosecuting an action for damages (excluding specific performance, punitive damages and indirect consequential damages); or seeking any other remedy available at law or in equity (excluding punitive damages and indirect consequential damages). Section 8.7 Developer Remedies. With respect to an uncured City Event of Default or Authority Event of Default, the Developer shall be entitled to take any or all of the following remedies: (a) Terminating this Agreement by giving written notice to the Developer; provided, however, that the Developer’s remedies under this Article 8 and the indemnification provisions of this Agreement survive such termination. If the Developer elects to terminate this Agreement, the provisions of this Agreement that are specified to survive such termination shall remain in full force and effect. 234 -43- P6401-0001\3023156v2.doc (b) Prosecuting an action for damages (excluding specific performance, punitive damages, lost profits and indirect consequential damages); or seeking any other remedy available at law or in equity (excluding punitive damages and indirect consequential damages). Section 8.8 Authority Remedies. With respect to an uncured Developer Event of Default as to a Phase, the Authority shall be entitled to exercise any or all remedies permitted at law or in equity, and any remedies under the Promissory Note and Deed of Trust for that Phase (including acceleration of the applicable loan). Section 8.9 Rights of Mortgagees. Any rights of the City or Authority under this Article 8 will not defeat, limit or render invalid any Security Financing Interest permitted by this Agreement or any rights provided for in this Agreement for the protection of holders of Security Financing Interests. Section 8.10 Remedies Cumulative. No right, power, or remedy given to the City by the terms of this Agreement is intended to be exclusive of any other right, power, or remedy; and each and every such right, power, or remedy will be cumulative and in addition to every other right, power, or remedy given by the terms of any such instrument, or by any statute or otherwise. Neither the failure nor any delay to exercise any such rights and remedies will operate as a waiver thereof, nor will any single or partial exercise of any such right or remedy preclude any other or further exercise of such right or remedy, or any other right or remedy. ARTICLE 9 SECURITY FINANCING AND RIGHTS OF HOLDERS Section 9.1 No Encumbrances Except for Development Purposes. Notwithstanding any other provision of this Agreement, mortgages and deeds of trust, or any other reasonable method of security are permitted to be placed upon the Developer’s fee interest in the Property, but only for the purpose of securing loans approved by the City under the approved Financing Proposal. Mortgages, deeds of trust, or other reasonable security instruments securing loans approved by the City under the approved Financing Proposal are each referred to as a “Security Financing Interest.” The words “mortgage” and “deed of trust” as used in this Agreement include all other appropriate modes of financing real estate acquisition, construction, and land development. Section 9.2 Holder Not Obligated to Construct. The holder of any Security Financing Interest authorized by this Agreement is not obligated to construct or complete any Development or to guarantee such construction or completion; nor will any covenant or any other provision in conveyances from the City to the Developer evidencing the realty comprising the Property or any part thereof be construed so to obligate such holder. However, no such holder shall devote the Property or any portion thereof to any uses, or to construct any Development thereon, other than the Development provided for or authorized by this Agreement and the Housing Agreement. Section 9.3 Notice of Default and Right to Cure. Whenever the City under its rights set forth in Article 8 of this Agreement delivers any notice or demand to the Developer with 235 -44- P6401-0001\3023156v2.doc respect to the commencement, completion, or cessation of the construction of the Development, the City will at the same time deliver to each holder of record of any Security Financing Interest creating a lien upon the Developer’s fee interest in the Property or any portion thereof, and the Investor, a copy of such notice or demand provided City shall have been given written notice of its address for notice by the Developer. Each such holder (insofar as the rights of the City are concerned) has the right, but not the obligation, at its option, within ninety (90) days after the delivery of the notice, to cure or remedy or commence to cure or remedy any such default or breach affecting the Property which is subject to the lien of the Security Financing Interest held by such holder and to add the cost thereof to the security interest debt and the lien on its security interest. Nothing contained in this Agreement is deemed to permit or authorize such holder to undertake or continue the construction or completion of the Development (beyond the extent necessary to conserve or protect such Development or construction already made) without first having expressly assumed in writing the Developer’s obligations to the City relating to such Development under this Agreement under an assignment and assumption agreement prepared by the City and recordable among the Official Records (the “Security Financing Interest Assignment”). The holder in that event must agree to complete, in the manner provided in this Agreement (or as may be amended by the Security Financing Interest Assignment; provided, however, the City is under no obligation to extend the dates for performance set forth in this Agreement), the Development to which the lien or title of such holder relates. Any such holder properly completing such Development under this paragraph must assume all rights and obligations of Developer under this Agreement and will be entitled, upon completion and written request made to the City, to a Certificate of Completion from the City. Section 9.4 Failure of Holder to Complete Development. In any case where six (6) months after default by the Developer in completion of construction of the Development under this Agreement, the holder of record of any Security Financing Interest, having first exercised its option to construct under the Security Financing Interest Assignment, has not proceeded diligently with construction (as reasonably determined by the City), the City and Authority must be afforded those rights against such holder it would otherwise have against Developer under this Agreement. Section 9.5 Right of Cure. In the event of a default or breach by the Developer of a Security Financing Interest prior to the completion of the Development, and the holder has not exercised its option to complete the Development on the Property, the City or Authority may cure the default, prior to the completion of any foreclosure. In such event the City or Authority as applicable will be entitled to reimbursement from the Developer of all costs and expenses incurred bin curing the default. The City will also be entitled to a lien upon the Property or any portion thereof to the extent of such costs and disbursements, or in the case of the Authority, the Developer’s obligation to reimburse for costs and disbursements shall be included in the obligations secured by the applicable Deed of Trust. The City agrees that such lien will be subordinate to any Security Financing Interest, and the City will execute from time to time any and all documentation reasonably requested by Developer to effect such subordination. Section 9.6 Right of City to Satisfy Other Liens. After the conveyance of title to the Property or any portion thereof and after the Developer has had a reasonable time to challenge, cure or satisfy any liens or encumbrances on the Property or any portion thereof, the City will have the right to satisfy any such lien or encumbrances; provided, however, that nothing in this Agreement will require the Developer to pay or make provision for the payment of any tax, 236 -45- P6401-0001\3023156v2.doc assessment, lien or charge so long as the Developer in good faith may contest the validity or amount therein and so long as such delay in payment is not subject the Property or any portion thereof to forfeiture or sale. Section 9.7 Holder to be Notified. The Developer will insert each term contained in this Article 9 into each Security Financing Interest or will procure acknowledgement of such terms by each prospective holder of a Security Financing Interest prior to its coming into any security right or interest in the Property or portion thereof. Section 9.8 Estoppel Certificates. Any Party may at any time, and from time to time, deliver written notice to another Party requesting such other party to certify in writing that, to the knowledge of the certifying Party: (a) this Agreement is in full force and effect and a binding obligation of the Parties; (b) this Agreement has not been amended or modified either orally or in writing, or if so amended, identifying the amendments; and (c) the requesting Party is not in default in the performance of its obligations under this Agreement, or if in default, the notice shall describe the nature and amount of any such default. A Party receiving a request shall execute and return such certificate within fifteen (15) days following receipt of the request. The City Manager is authorized to execute any estoppel certificate requested by the Dev eloper on behalf of the City. The Authority’s Executive Director is authorized to execute any estoppel certificate requested by the Developer on behalf of the Authority. ARTICLE 10 GENERAL PROVISIONS Section 10.1 Notices, Demands and Communications. Formal notices, demands, and communications between the City and the Developer will be sufficiently given if, and not be deemed given unless, dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered by reputable overnight delivery service, to the principal office of the City and the Developer as follows: City and Authority: City of Palm Desert/Palm Desert Housing Authority 73-510 Fred Waring Drive Palm Desert, CA 92260 Attn: Housing Division Developer: Palm Communities 100 Pacifica, Suite 203 Irvine, CA 92618 Attn: President Such written notices, demands and communications may be sent in the same manner to such other addresses as the affected Party may from time to time designate by notice as provided in this Section. Section 10.2 Non-Liability of Officials, Employees and Agents. No City Council members, or Authority board members, or any of the officers, directors, representatives, 237 -46- P6401-0001\3023156v2.doc consultants, employees and agents of the City or Authority may be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the City or Authority or for any amount which may become due to the Developer or successor or on any obligation under the terms of this Agreement. Absent fraud or willful misconduct by the responsible party, no members, officers, directors, representatives, consultants, employees and agents of the Developer may be personally liable to the City or Authority, or any successor in interest, in the event of any default or breach by the Developer or for any amount which may become due to the City or Authority or successor or on any obligation under the terms of this Agreement. Section 10.3 Forced Delay. In addition to specific provisions of this Agreement, any Party hereunder shall not be deemed to be in default with respect to a construction obligation/deadline where delays or defaults are due to war; insurrection; strikes; lock-outs; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions or priority (except for restrictions or priorities established by the Party required to perform the action required under this Agreement); unusually severe weather; inability to secure necessary labor, materials or tools; acts or the failure to act of any public or governmental agency or entity (except that acts or the failure to act of a Party shall not excuse performance by such Party, including without limitation the Developer’s inability to obtain financing for the Development or the economic infeasibility of the Development) (“Force Majeure”). An extension of time for Force Majeure shall only be for the period of the enforced delay, which period shall commence to run from the time of the notification of the delay by the Party requesting the extension to the other Party. The Party requesting an extension of time under this Section 10.3 shall give notice promptly following knowledge of the delay to the other Party. If, however, notice by the Party claiming such extension is sent to the other Party more than thirty (30) days after knowledge of the commencement of the delay, the period shall commence to run upon the earlier of (i) thirty (30) days prior to the giving of such notice or (ii) the date that the other Party received knowledge of the events giving rise to the delay. Section 10.4 Inspection of Books and Records. Upon request, the Developer must permit the City and Authority to inspect at reasonable times and on a confidential basis those books, records and all other documents of the Developer necessary to determine Developer’s compliance with the terms of this Agreement. Title of Parts and Sections. Any titles of the articles, sections or subsections of this Agreement are inserted for convenience of reference only and should be disregarded in construing or interpreting any part of its provision. Section 10.5 No Third-Party Beneficiaries. There are no third party beneficiaries to this Agreement. Section 10.6 Applicable Law. This Agreement must be interpreted under and under the laws of the State of California. Venue shall be Riverside County. Section 10.7 No Brokers. Each Party represents to the other that it has not had any contact or dealings regarding the Property, or any communication in connection with the subject matter of this transaction, through any real estate broker or other person who can claim a right to a commission or finder’s fee. If any broker or finder makes a claim for a commission or 238 -47- P6401-0001\3023156v2.doc finder’s fee based upon a contact, dealings, or communications, the Party through whom the broker or finder makes this claim must indemnify, defend with counsel of the indemnified Party’s choice, and hold the indemnified Party harmless from all expense, loss, damage and claims, including the indemnified Party’s reasonable attorneys’ fees, if necessary, arising out of the broker’s or finder’s claim. The provisions of this Section survive expiration of the Term or other termination of this Agreement and will remain in full force and effect. Section 10.8 Legal Actions. In the event any legal action is commenced to interpret or to enforce the terms of this Agreement or to collect damages as a result of any breach thereof, each Party shall bear their own attorneys’ fees and no attorneys’ fees may be awarded to the Party prevailing in the action. Section 10.9 Severability. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions will continue in full force and effect unless the rights and obligations of the Parties have been materially altered or abridged by such invalidation, voiding or unenforceability. Section 10.10 Binding Upon Successors. This Agreement is binding upon and inures to the benefit of the heirs, administrators, executors, successors in interest and assigns of each of the Parties hereto, except that there may be no Transfer of any interest by any of the Parties hereto except under the terms of this Agreement. Any reference in this Agreement to a specifically named Party is deemed to apply to any successor, heir, administrator, executor or assignee of such Party who has acquired an interest in compliance with the terms of this Agreement, or under law. Section 10.11 Parties Not Co-Venturers. Nothing in this Agreement is intended to or does establish the Parties as partners, co-venturers, or principal and agent with one another. Section 10.12 Discretion Retained by City. The City’s execution of this Agreement does not constitute approval by the City and in no way limits the discretion or any governmental rights or powers of the City in the permit and approval process in connection with construction of the Development. Section 10.13 Time of the Essence. In all matters under this Agreement, the Parties agree that time is of the essence. Section 10.14 Representation and Warranties of Developer. The Developer hereby represents and warrants to the City and Authority as follows: (a) Organization. The Developer is a duly organized, validly existing corporation, is in good standing under the laws of the State of California and has the power and authority to own its property and carry on its business as now being conducted. (b) Authority of Developer. The Developer has full power and authority to execute and deliver this Agreement and to perform and observe the terms and provisions of all of the above. 239 -48- P6401-0001\3023156v2.doc (c) Authority of Persons Executing Documents. This Agreement and all other documents or instruments executed and delivered, or to be executed and delivered, under this Agreement have been executed and delivered by persons who are duly authorized to execute and deliver the same for and on behalf of Developer, and all actions required under the Developer’s organizational documents and applicable governing law for the authorization, execution, delivery and performance of this Agreement and all other documents or instruments executed and delivered, or to be executed and delivered, under this Agreement, have been duly taken. (d) Valid Binding Agreements. This Agreement and all other documents or instruments which have been executed and delivered under or in connection with this Agreement constitute or, if not yet executed or delivered, will when so executed and delivered constitute, legal, valid and binding obligations of the Developer enforceable against it in accordance with their respective terms. (e) No Breach of Law or Agreement. Neither the execution nor delivery of this Agreement or of any other documents or instruments executed and delivered, or to be executed or delivered, under this Agreement, nor the performance of any provision, condition, covenant or other term hereof or thereof, will conflict with or result in a breach of any statute, rule or regulation, or any judgment, decree or order of any court, City Council, commission or agency whatsoever binding on the Developer, or any provision of the organizational documents of the Developer, or will conflict with or constitute a breach of or a default under any agreement to which the Developer is a party. Section 10.15 Entire Understanding of the Parties. This Agreement constitutes the entire understanding and agreement of the Parties. All prior discussions, understandings and written agreements are superseded by this Agreement. Section 10.16 Amendments. The Parties can amend this Agreement only by means of a writing executed by the Developer, the Authority and the City. Section 10.17 Approvals. Whenever this Agreement permits City approval, consent, or waiver, to be authorized by the City Manager, the City Manager’s signature shall constitute the approval, consent, or waiver of the City, without further authorization required from the City Council unless required by law or the terms of this Agreement. Whenever this Agreement permits Authority approval, consent, or waiver, to be authorized by the Authority’s Executive Director, the Authority’s Executive Director signature shall constitute the approval, consent, or waiver of the Authority, without further authorization required from the Authority’s governing board unless required by law or the terms of this Agreement. Section 10.18 Counterparts; Multiple Originals. This Agreement may be executed in counterparts, each of which is deemed to be an original. The City, the Authority and the Developer are signing this Agreement as of the Effective Date. 240 -49- P6401-0001\3023156v2.doc CITY: CITY OF PALM DESERT, a municipal corporation By: L. Todd Hileman City Manager DEVELOPER: PALM COMMUNITIES, a California corporation By: Danavon L. Horn President APPROVED AS TO FORM: Richard, Watson & Gerson By: Special Counsel AUTHORITY: PALM DESERT HOUSING AUTHORITY By: ___ L. Todd Hileman Executive Director APPROVED AS TO FORM: Richard, Watson & Gerson By: Special Counsel 241 242 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: October 10, 2024 PREPARED BY: Erica Powell, Management Analyst Thomas Soule, Public Affairs Manager SUBJECT: 2025 CALIFORNIA DESERT PLEIN AIR FESTIVAL FUNDING RECOMMENDATION: Approve funding in the amount of $25,000 for the inaugural California Desert Plein Air Festival. BACKGROUND/ANALYSIS: The City of Palm Desert has been approached by the Desert Plein Air Association (DPAA) with a funding request for the inaugural California Desert Plein Air Festival. This festival, scheduled for January 2025, will span three weeks and establish Palm Desert as a hub for plein-air painting activities. The Artists' Center at the Galen will host all related events, including paint -outs, workshops, artist talks, exhibitions, and art sales. The Desert Plein Air Association, a non-profit based in the Coachella Valley, promotes the tradition of plein-air (outdoor) painting and aims to grow the event into the largest plein -air festival in the southwest United States. A $15,000 cash prize for Best in Show will be awarded, attracting top-tier artists and further enhancing the festival's prestige. Partnership with Palm Springs Life For the 2025 Festival, DPAA has partnered with Palm Springs Life (PSL) to brand and promote the festival, taking it to the next level. Their marketing campaign is projected to attract 2,000-3,000 attendees, which will boost Palm Desert’s visibility and tourism. In order to increase the grand prize package as a way of encouraging the participation of top-tier plein-air artists, DPAA and PSL are seeking funding for the rebranded festival. The proposal before the City Council is for a title sponsorship package that would entail the following benefits: City logo will appear first in the list of sponsors. City logo/name on print ads running in Palm Springs Life, The Guide, Palm Springs Life Arts + Culture, and other publications produced by Palm Springs Life. City logo/name on email marketing promotions going to California Desert Plein Air Festival, and Palm Springs Life, email opt-ins. 48,400+ opt-ins City logo/name on digital promotions on palmspringslife.com and other media partners. City logo/name included on billboard campaign targeted to the Southern California drive markets of (San Diego, Los Angeles, Orange County, etc.). City mentioned in local radio spots and on TV spots. City tagged on social media post from California Desert Plein Air Festival and Palm Springs Life’s social media channels. 243 City of Palm Desert 2025 California Desert Plein Air Festival Funding Page 2 of 3 City website link on California Desert Plein Air Festival website for one year under the sponsor section. City logo/name on printed marketing collateral distributed to high-traffic locations throughout Greater Palm Springs. Printed collateral includes posters, rack cards, table tents, etc. City logo/name on press kits prepared for talent, sponsors, and partners. One full-page display ad in the 2025 California Desert Plein Air Festival Program. Copies TBD. One full-page display ad in the January 2025 issue of Palm Springs Life (76,774 monthly print and digital readers of Palm Springs Life) Economic and Cultural Benefits to Palm Desert By hosting the California Desert Plein Air Festival, Palm Desert can further solidify its reputation as a premier destination for the arts. This festival will join an already impressive lineup of signature events, including the Palm Desert Choreography Festival, Fashion Week El Paseo, and the Palm Desert Food & Wine Festival. Together, these events create a well-rounded cultural calendar that enhances the City’s position as the home of the arts in the Coachella Valley. These events not only contribute to the cultural vib rancy of the city but also attract visitors who provide significant economic benefits. As the host of this event, Palm Desert stands to gain from both increased cultural recognition and direct economic benefits. The festival is expected to attract tourists and art collectors, driving transient occupancy tax (TOT) and sales tax revenue from increased hotel occupancy, dining, and art sales. The City will further cement its reputation as a cultural hub, attracting both residents and visitors interested in its thriving arts scene. This growth will complement the City's long-term vision of becoming a key cultural and economic destination in the region. Because it aligns with the City’s goals of promoting the arts and driving economic growth, Staff recommends approval of this inaugural funding for the 2025 California Desert Plein Air Festival. The concept of this event originated after the Fiscal Year 2024/2025 sponsorship funding deadline which is why it is being presented at this time. In future years, this funding request will be made through the City’s established sponsorship funding process. Strategic Plan: Approval of the 2025 California Desert Plein Air Festival helps address the following priorities as specified in the 2013-2033 Strategic Plan, Envision Palm Desert—Forward Together: Economic Development Priority 3: Create and attract entertainment and events to enhance and expand the Palm Desert economy and lifestyle. Tourism & Marketing Priority 2: Grow existing events and develop new events to enhance the desirability of Palm Desert as a year-round destination. Tourism & Marketing Priority 3: Attract new and developing travel/tourism markets. Approval would also align with the Arts & Culture Mini-Vision contained in the Strategic Plan, which states: 244 City of Palm Desert 2025 California Desert Plein Air Festival Funding Page 3 of 3 “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.” Appointed Body Recommendation: At its regular meeting on Wednesday, September 11 , 2024, the Cultural Arts Committee unanimously recommended that the City Council approve funding of the California Desert Plein Air Festival in the amount of $25,000, with $12,500 to be paid from the Public Art Fund. FINANCIAL IMPACT: DPAA is requesting funding in the amount of $25,000 to be used towards the 2025 festival. Funds for this purpose are available in Public Art Account No. 4364650-4309200 and Marketing Account No. 1104417-4322201. ATTACHMENTS: 1. 2025 California Desert Plein Air Festival Proposal 2. 2025 California Desert Plein Air Festival Budget 3. 2025 California Desert Plein Air Festival Media Plan 4. 2025 California Desert Plein Air Festival Community Event Sponsorship Request Form 245 246 CALIFORNIA DESERT PLEIN AIR FESTIVAL 2025 SPONSORSHIP PROPOSAL JANUARY 8 – FEBRUARY 2, 2025 PRESENTED TO 247 1 1 CALIFORNIA DESERT PLEIN AIR - PALM DESERT The Desert Plein Air Association (DPAA), a 501(c)(3) nonprofit organization, promotes the centuries-old tradition of landscape and scene painting en plein air (outdoors). Through its annual California Desert Plein Air festival and year-round paint-outs, exhibitions, and enrichment/education programs, DPAA provides inspiration and opportunities for the public, DPAA members, and local artists of all levels to engage in plein-air painting. Plein-air festivals have come and gone in the Coachella Valley over the years. DPAA, founded by Diane Moore (former president of Coachella Valley Watercolor Society and Desert Art Center) and Daniel Foster (former executive director of the Riverside Art Museum and Oceanside Museum of Art) is dedicated to organizing an annual event that grows into the largest, most important plein-air festival in the U.S. Southwest — and a destination event for the City of Palm Desert. The 2025 edition will be their fourth festival at the Artists Center in Palm Desert. The California Desert Plein Air festival begins with four days of paint-outs at scenic locations in and around Palm Desert, the Coachella Valley, High Desert, and beyond. The artists pick and study their vantage points, paint on site, and turn in their canvases for the exhibition and judging. The exhibition features a companion show featuring desert landscape paintings completed in the artists’ studios, expanding artist participation and the scope of paintings available for the public to view and purchase at the festival. 248 2 2 WHY A PLEIN AIR FESTIVAL? Plein-air painting in the Coachella Valley dates back to the 1870s when the Southern Pacific Railroad put down tracks through the desert and allowed artists to ride in exchange for their artwork, which the railroads used in advertisements to promote travel to the West. Many of the top artists of the era came through the desert. Some continued to the emerging artist colonies along the California coast — Laguna Beach, Santa Barbara, Carmel — while others settled into the Coachella Valley and nearby Mojave Desert. Plein-air artists exhibit in specialty galleries and in markets with a predisposed audience for their work, relying on the circuit of regional plein-air festivals to exhibit and sell their paintings. These events draw enthusiast audiences from near and far, connecting artists to collectors and creating long-lasting relationships. The California Desert Plein Air festival runs roughly three weeks, beginning with artist check-in, reception, and dinner followed by four days of paint-outs on location around the desert, workshops, demonstrations, artist talks, an exhibition and sale, and an awards program. The awards program is comprised of an exhibition that will be evaluated and judged by esteemed and recognized experts, who will award artists cash prizes for Best in Show; first, second, and third places; and honorable mentions. The awards will be presented at a reception in the exhibition space that is open to the public. 249 3 3 WHY PALM DESERT? Historically, the Coachella Valley was ground zero for early landscape painters, and today, more contemporary artists than ever come to capture the unique natural beauty of the desert’s colorful sky, majestic mountains, sandy washes, and otherworldly plants and rock formations. This presents an opportunity for the City of Palm Desert to create a destination event to attract artists, enthusiasts, and collectors. Additionally, a partnership between Desert Plein Air Association and Palm Springs Life will allow the city to capitalize on the economic impact of a destination event. The national Arts & Economic Prosperity 6 study revealed that Coachella Valley nonprofit arts and culture organizations in 2022 generated $110.9 million in economic activity through their events. That activity supported 1,623 jobs, provided $57.6 million in personal income to residents, and generated $19.5 million in tax revenue for local, state, and federal governments. In terms of tourism, 28.3 percent of arts and culture event attendees traveled from outside the Coachella Valley, and each spent an average of $156.94 — that is, 245 percent more than local attendees — beyond the cost of admission and on-site food, beverage, and souvenirs. Of those “visitor” attendees, 47 percent said that the primary purpose of their visit was to attend the event or venue where they were surveyed. More than 45 percent of visiting attendees reported an overnight lodging expense (an average of two nights). Not surprisingly, these attendees spent considerably more during their visit — an average of $263 per person. 250 4 4 THE AUDIENCE California Desert Plein Air stands out as the only event dedicated to historic and still-thriving field of plein-air painting in the Coachella Valley. Our region has several “general” art festivals — Indian Wells Art Festival, Southwest Art Festival, La Quinta Art Celebration — featuring “circuit” artists who travel from town to town with their painting, photography, sculpture, mixed media, textile, jewelry, and wearables. Additionally, Palm Springs Convention Center hosts an art fair featuring more than 50 contemporary art galleries from around the country, and the biennial Desert X invites a handful of artists from around the world to create site- specific installations across the region. The closest plein-air event to the Coachella Valley is the annual Plein Air Invitational in Borrego Springs, which takes place March 3–April 27, 2025. While “general” art festivals target local audiences, as well as visitors, plein-air events are destination events, attracting not only participating artists and their families, but also their loyal collectors. With the benefit of depicting familiar local landscapes, the artwork draws local audiences to marvel at and purchase the paintings, usually meeting the artist in person and developing a lasting connection. We’ll invite this robust plein-air community to join us in Palm Desert through promotions in Plein Air Magazine, Southwest Art Magazine, and Western Art Collector as well as through targeted social media. PROJECTED AT TENDEES: 2,000 - 3,000 The attendance of this 2025 event will increase due to the marketing and PR initiatives by Palm Springs Life (valued at over $75,000) and Visit Greater Palm Springs will add to the promotional muscle. 100 + artist from across the United States $15,000 Cash Prize Total cash prize in 2024 was less than $5,000. The increase in prize money will attract top plein-air artists to participate in the festival. 2025 Exhibition categories include: Featured VIP artists, Desert Landscape or Desert Cityscape and Plein Air Competition. 251 5 5 2025 SCHEDULE OF EVENTS OCTOBER 2024 Registration begins online: - Featured VIP Artists-invited artists only. - California Desert Plein Air plein air competition (painting outdoors). (First 50 entries accepted.) - Desert Landscape or Desert Cityscape: studio paintings. (last day to enter for jury process: December 27th at 4 pm) JANUARY 8TH, 2025 — Notification: Desert Landscape/Cityscape artists accepted into Category 2. - Approximately 50-60 to be accepted. THURSDAY, JANUARY 9TH One-day plein air workshop 9 am – 1 pm Pastel: Thomas E. Smith Location nearby. Non-sketcher: Fran Calvert Location nearby. FRIDAY, JANUARY 10TH One-day plein air workshop 9 am -1 pm Oil: Durre Waseem Location nearby. Watercolor: Geoffrey Allen Location nearby. SATURDAY, JANUARY 11TH California Desert Plein Air Competition: Headquarters: Attendees Check-in ... — Substrate Stamped 8 am – 4 pm. — Substrate can be stamped 10am – 4pm on Sunday, at Headquarters — Schedule for Paint-outs and locations to be publicized. Artists are encouraged to paint at these locations but are free to choose where they want to paint. Artists usually arrive at 8 am: — Saturday, January 11th Santa Rosa-San Jacinto Mountains Visitors Center — Sunday, January 12th Palm Desert Civic Center — Monday, January 13th Downtown Palm Springs — Tuesday, January 14th Artists location of choice. WEDNESDAY, JANUARY 15TH — Framed paintings ready to hang delivered to Headquarters. Time: 8:30 am – 11 am NO PAINTINGS ACCEPTED AFTER 11 am. — Hanging paintings: 11 am – 3 pm. Gallery is closed. — Kick-off dinner...no host: Restaurant TBD. THURSDAY, JANUARY 16TH — Gallery open to public: 10 am – 4 pm. — Judging takes place. — Awards reception: 5 pm – 7 pm. 252 6 6 2025 SCHEDULE OF EVENTS FRIDAY, JANUARY 17TH — Gallery open: 10 am – 4 pm. — Demonstrations in Gallery: 11 am - TBD / 1 pm - TBD SATURDAY, JANUARY 18TH — Gallery open: 10 am – 4 pm. — Demonstrations in Gallery: 11 am - TBD / 1 pm - TBD SUNDAY, JANUARY 19TH — Gallery open: 10am – 4pm. — Demonstrations in Gallery: 1 pm - TBD WEDNESDAY, JANUARY 22ND — Gallery open: 10 am – 4 pm. THURSDAY, JANUARY 23RD — Gallery open: 10 am – 4 pm. FRIDAY, JANUARY 24TH — Gallery open: 10 am – 4 pm. — Demonstrations in Gallery: 11 am - TBD / 1 pm - TBD SATURDAY, JANUARY 25TH — Gallery open: 10 am – 4 pm. — Demonstrations in Gallery: 11 am - TBD / 1 pm - TBD SUNDAY, JANUARY 26TH — Gallery open: 10 am – 4 pm. — Demonstrations in Gallery: 1 pm - TBD WEDNESDAY, JANUARY 29TH — Gallery open: 10 am – 4pm. THURSDAY, JANUARY 30TH — Gallery open: 10 am – 4 pm. FRIDAY, JANUARY 31ST — Gallery open: 10am – 4pm. — Demonstrations in Gallery: 11 am - TBD / 1 pm - TBD SATURDAY, FEBRUARY 1ST — Gallery open: 10am – 4 pm. — Demonstrations in Gallery: 11 am - TBD / 1 pm - TBD SUNDAY, FEBRUARY 2ND — Gallery open: 10 am – 2 pm. — Exhibition comes down, artists pick up paintings. — 2 pm – 4 pm Gallery closed for take down. — Paintings must be picked up before 4 pm... Gallery closes at 4 pm. 253 7 7 2025 SPONSORSHIP City of Palm Desert will receive the following benefits: NAMING • City of Palm Desert as the sponsor of California Desert Plein Air Festival. • City of Palm Desert logo will appear first in the list of sponsors. MARKETING • City of Palm Desert logo/name on California Desert Plein Air Festival print ads to start running September 2024 through January 2025. These ads are to run in Palm Springs Life, The Guide, Palm Springs Life Arts + Culture, and other publications produced by Palm Springs Life. • City of Palm Desert logo/name on California Desert Plein Air Festival email marketing promotions going to California Desert Plein Air Festival, and Palm Springs Life, email opt-ins. 48,400+ opt-ins • City of Palm Desert logo/name on digital promotions on palmspringslife.com and other media partners. 254 8 8 2025 SPONSORSHIP MARKETING continued • City of Palm Desert logo/name included on billboard campaign targeted to the Southern California drive markets of (San Diego, Los Angeles, Orange County, etc.). • City of Palm Desert mentioned in local radio spots. • City of Palm Desert logo/name mention on T V spots. • City of Palm Desert tagged on social media post from California Desert Plein Air Festival and Palm Springs Life’s social media channels. • City of Palm Desert/link on California Desert Plein Air Festival website for one year under the sponsor section. • City of Palm Desert logo/name on printed marketing collateral distributed to high-traffic locations throughout Greater Palm Springs. Printed collateral includes posters, rack cards, table tents, etc. • City of Palm Desert logo/name on press kits prepared for talent, sponsors, and partners. • One full-page display ad in the 2025 California Desert Plein Air Festival Program. Copies TBD. • One full-page display ad in the January 2025 issue of Palm Springs Life (76,774 monthly print and digital readers of Palm Springs Life) 255 9 9 2025 SPONSORSHIP PROGRAMMING AND A CTIVATIONS • The main 2025 exhibition will be in Palm Desert with additional event activations in the City of Palm Desert. HOSPITALIT Y • City of Palm Desert to receive 50 tickets with VIP access to all event programming. • Opportunity for City of Palm Desert to provide artist gift bags. POST EVENT • City of Palm Desert logo included in a “Thank you to our Sponsor” page opposite Social Life coverage of California Desert Plein Air Festival. • City of Palm Desert will be recognized on Social Life coverage of California Desert Plein Air Festival posted on palmspringslife.com and in a select issue of Palm Springs Life. • A complete recap of the event will be provided 60 days after the event. FEE: $25,000 256 303 North Indian Canyon Drive, Palm Springs, CA 92262 palmspringslife.com Paulina Larson Business Development paulina@palmspringslife.com 760-325-2333 x286 Frank W. Jones Publisher frank@palmspringslife.com 760-325-2333 x244 C ONTA CT 8-30-24 / CPD Kevin O'Grady Director of Marketing and Sponsorships kevin@palmspringslife.com 760-325-2333 x261 Steven Biller Editorial Director steven@palmspringslife.com 760-325-2333 x233 257 258 259 260 261 262 2023-OA-230 2024-25 COMMUNITY EVENT SPONSORSHIP REQUEST City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 RELEASE DATE: March 15, 2024 RESPONSE DEADLINE: April 30, 2024, 5:00 pm RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO: https://secure.procurenow.com/portal/cityofpalmdesert 263 City of Palm Desert 2024-25 Community Event Sponsorship Request I. Notice Inviting Applications for Community Event Sponsorships .............. II. Organization & Event Information ................................................................................ III. Evaluation Criteria ................................................................................................................. Attachments: A - Res 2024-001 - Community Event Sponsorship Policy 264 undefined #2023-OA-230 Title: 2024-25 Community Event Sponsorship Request 3 1. Notice Inviting Applications for Community Event Sponsorships 1.1. Purpose The City of Palm Desert aims to foster a vibrant community by supporting events that encourage civic engagement, celebrate cultural diversity, stimulate tourism, drive economic vitality, and uphold public health and sustainability. 1.2. General Requirements Applicants for community event sponsorships must meet all the following requirements: A. Applicants must independently conduct the community event or collaborate with another organization to be eligible to receive a sponsorship. B. The community event must take place within Palm Desert city limits, with limited exceptions. Reason(s) for not holding the proposed event within Palm Desert city limits must be stated on the application. Exemption from this requirement will be provided on a case-by-case basis and will favor activity promoting the City of Palm Desert as a desirable place to live, visit, and do business. C. If applicable, applicants agree to submit a Special Events Application/Agreement a minimum of 120 days prior to the event, or a Temporary Use Permit (TUP). D. Applicants agree to use sponsorship funds exclusively for the community event represented in the application. E. Recipients shall provide the City recognition as a sponsor in exchange for the sponsorship in a method consistent with other sponsors at the community event. In no event shall the recognition for the City's sponsorship be less than that provided to other sponsors who have contributed the same total financial or in-kind support. F. If applicable, applicants are required to enter a sponsorship agreement with the City and provide a certificate of liability insurance or proof of self-insurance. G. Community event sponsorship applications are limited to one per year, per taxpayer identification number. H. Sponsorships will be approved on a competitive basis and are not guaranteed. Applicants should be aware that they may not receive the full amount of sponsorship requested. I. Sponsorship approvals are made on an annual basis and shall be considered as a one-time approval. Approval for sponsorship in one year does not imply or guarantee that the City will approve sponsorship for the same event or organization in subsequent years. J. An official post-community event evaluation must be submitted to City staff within ninety (90) days following the conclusion of a sponsored community event. 265 undefined #2023-OA-230 Title: 2024-25 Community Event Sponsorship Request 4 Due to limited resources, not all community event sponsorship requests are funded. The number of community events that the City sponsors varies annually. The City will evaluate each request based upon available funds, satisfaction of the eligibility criteria, and compliance with the Community Event Sponsorship Policy. 1.3. Ineligible Organizations and Activities Examples of ineligible organizations or activities include, but are not limited to: A. Any non-community event request, such as on -going programming or structured activities. B. Private events or events that re not open to the general public. C. Discriminatory activities such as those restricted based on a person's race, religion, ethnicity, age, sex, gender, gender identity, gender expression, disability, sexual orientation, or economic status. D. A political, politically affiliated, or political action organization or event that promotes any political viewpoint, provides for a political purpose or causes participants to engage in otherwise affiliate or express an endorsement of partisan political functions or activities. E. An event or activity that promotes a religious purpose (as opposed to a secular purpose, such as promoting cultural heritage or community understanding). F. A private individual for his/her own use. G. Funds may not be used for cash prizes, cash awards, salaries, salary reimbursement, or general budget subsidy. H. Funds cannot be directly provided to specific individuals, nor may funds be constructively provided to specific individuals (e.g. using funds to pay for certain individuals to go to an event is not permitted). By contract, using funds to reduce the overall costs of an event is permitted. I. An organization receiving Outside Agency funding concurrently (during the same fiscal year). J. A K-12 school or school-related groups, as funding requests for schools and school-related groups shall be processed by the Outside Agency/Charitable Contributions Committee. 1.4. Additional Assessment Criteria A. An applicant's first sponsorship request may total no more than 50% of the community event budget (if sponsorship includes in-kind, value of the in-kind items may not equal more than 50% of the event budget). 266 undefined #2023-OA-230 Title: 2024-25 Community Event Sponsorship Request 5 B. An applicant's second or subsequent sponsorship request may total no more than 35% of the community event budget (if sponsorship includes in-kind, value of the in-kind items may not equal more than 35% of the event budget). C. Sponsorship requests for a 5K walk/run shall be eligible for a maximum sponsorship of $2,500. D. Special consideration will be given to registered local non-profit corporations or local 501(c) organizations with tax-exempt status. 267 undefined #2023-OA-230 Title: 2024-25 Community Event Sponsorship Request 6 2. Organization & Event Information 2.1. General Information 2.1.1. Diane Moore Please provide the name of the primary contact associated with this funding request. *Response required 2.1.2. Contact Person Title*President and Founder *Response required 2.1.3. Mailing Address*42345 Saint George Dr, Bermuda Dunes CA, 92203 *Response required 2.1.4. Physical Address If Different from Above-Same as above 2.1.5. Contact Phone* 760-485-6798 *Response required 2.1.6. Contact Email Address* desertpleinair@gmail.com *Response required 2.1.7. Federal Taxpayer ID Number*87-1473439 *Response required 2.1.8. Non-Profit Tax Status Verification (included) Required for non-profit organizations. Please upload your organization's tax status verification letter from the Internal Revenue Service (IRS). -Form attached 2.1.9. IRS Form W-9* (included) Please upload your updated IRS Form W-9.-Diane needs to get from accountant *Response required 2.1.10. Palm Desert Business License Number- (applied for) Required for any work or service performed within Palm Desert city limits. 2.1.11. Certification* By clicking the confirmation box below, the submitter certifies that they are an authorized official of the applying organization. The applicant does hereby confirm that the information herein is true and correct; that the applicant organization meets the guidelines set forth in the Community Events Sponsorship policy published on the City’s website; and that the applicant’s organization will make these events available to all eligible participants, without regard to race, religion, ethnicity, age, sex, gender, gender identity, gender expression, disability, sexual orientation, or economic status. ☒ Please confirm *Response required 268 undefined #2023-OA-230 Title: 2024-25 Community Event Sponsorship Request 7 2.2. Event Details 2.2.1. California Desert Plein Air Festival If you are applying for multiple events, please list the event titles separated by commas. *Response required 2.2.2. Event Date-January 9th-February 2nd, 2025 If you are applying for multiple events, please list the event titles and dates separated by commas. 2.2.3. Amount of Funding Request*-$25,000 If you are applying for multiple events, please list the event titles and funding amounts separated by commas. *Response required 2.2.4. The Palm Desert California Plein Air festival runs roughly 3 weeks, beginning with artist check-in, reception and dinner followed by 4 days of paint outs in Palm Desert and other locals and, workshops, demonstrations, artist talks, an exhibition and sale and an award program, all held in Palm Desert. If you are applying for multiple events, please give a brief description of each event. *Response required 2.2.5. Will the event(s) take place within Palm Desert city limits? * ☒ Yes ☐ No *Response required When equals "No" *Response required 2.2.6. Number of years the event has been held* 3 years, this will be year 4 If you are applying for multiple events, please list the event titles and number of years the event has been held separated by commas. Maximum response length: 3 characters *Response required 2.2.7. Expected Attendance*100+ Artists and 2000-3000 attendees If you are applying for multiple events, please list the event titles and the expected attendance separated by commas. *Response required 2.2.8. Estimated Residents & Non-Residents*-75% are expected to be non-resident Of the total number of persons benefiting, give an estimate of the percentage (%) split of Palm Desert residents and non-residents who will participate. 269 undefined #2023-OA-230 Title: 2024-25 Community Event Sponsorship Request 8 If you are applying for multiple events, please list the event titles and the expected percentages separated by commas. *Response required 2.2.9. Will there be a charge to those attending? * ☐ Yes ☒ No *Response required When equals "Yes" 2.2.10. How much are attendees charged? *N/A If you are applying for multiple events, please list the event titles and amount attendees will be charged separated by commas. *Response required 2.2.11. How will the event(s) be publicized? *Plein Air Magazine-a nationally distributed magazine, a full media plan in Palm Springs Life’s portfolio- attached *Response required 2.2.12. Event Budget* (attached) Please upload a full budget, including revenue and expenses for each event you are requesting funding for. Please be as specific as possible, with detailed line items. -Attached *Response required 2.2.13. Intended use of City funds * The funding will be used for marketing, programming and artist housing. If you are applying for multiple events, please list the event titles and specific intended use of City funds separated by commas. *Response required 2.2.14. Other Funding Sources* Artist Entry Fees and Sponsorships *Response required 2.2.15. If applicable, attach a sponsorship benefit packet (e.g., name/logo listing, banner, ad, etc.) (attached) 2.2.16. List sponsorship benefits associated with the funding request*-All benefits listed in the attached sponsorship package If you are applying for multiple events, please list sponsorship benefits for each event. *Response required 270 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: October 10, 2024 PREPARED BY: Richard D. Cannone, AICP, Development Services Director SUBJECT: ADOPT A POLICY (DS-001) FOR NOTIFYING HOMEOWNER ASSOCIATIONS AS PART OF THE BUILDING PERMIT PROCESS RECOMMENDATION: Adopt a resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A POLICY (DS-001) FOR NOTIFYING HOMEOWNER ASSOCIATIONS AS PART OF THE BUILDING PERMIT PROCESS”. BACKGROUND/ANALYSIS: Homeowner Associations (HOAs) have been set up in many areas of the City to provide for such things as common area maintenance and improvements, control of individual exterior improvements and to provide consistency with the Covenants, Conditions & Restrictions (CC&Rs). These CC&Rs were set up when the subdivision first developed and provide guidelines to ensure that certain standards such as paint color, roof composition, and architectural and landscape treatment are continually met. To support the many HOAs within the City, staff has prepared the attached Policy establishing uniform guidelines to notify HOAs that certain building permits have been applied for, if an HOA approval is not submitted with the building permit application. The process will involve the following: 1. If it is determined by the above that HOA approval is required, the applicant will be notified that they must submit to the City a letter from the HOA approvin g the proposed plans within 10 days. 2. If after the initial 10-day period, the applicant has not obtained approval by the HOA, Staff shall do the following: a. Notify the HOA immediately in writing, by filling out and sending form attached to the policy, that an application has been submitted. b. If after initial 10 calendar day period, there is no resolution of the issue(s), the permit shall be issued 10 calendar days from the end of the initial 10-day period. This 20-day period is to permit time for the applicant or HOA to resolve issues. The additional 10 - day period allows time for the HOA to take any actions required should resolution not be achieved. c. Should an HOA representative contact Development Services Staff either verbally or in writing, Staff should contact the applicant and inform them of the HOA's concerns and strongly encourage the applicant to work out any concerns with the HOA. 271 City of Palm Desert HOA Building Permit Notification Policy Page 2 of 2 The following building permit applications shall be exempt from this policy: • Any interior modifications to habitable structures that do not have an impact on the structures' exteriors • Accessory Dwelling Units • Solar Panels or battery storage • HVAC Replacement (Existing locations only) • Electrical Panel Upgrades • Water Heater Replacement (Existing locations only) Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: There is no financial impact directly associated with this action. ATTACHMENTS: 1. Resolution 2. Resolution Exhibit A – Policy No. DS-001 272 RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A POLICY (DS-001) FOR NOTIFYING HOMEOWNER ASSOCIATIONS AS PART OF THE BUILDING PERMIT PROCESS WHEREAS, the City of Palm Desert (“City”) is governed, in part, by its Charter, Municipal Code, and Adopted City Council Policies; and WHEREAS, Homeowner Associations (HOAs) are set up in many areas of the City to provide for such things as common area maintenance and improvements, control of individual exterior improvements and to provide consistency with the Covenants, Conditions & Restrictions (CC&Rs); and WHEREAS, the CC&Rs were set up when the subdivision first developed and provide guidelines to ensure that certain standards such as paint color, roof composition, and architectural and landscape treatment are continually met, and WHEREAS, the City supports the many HOAs and seeks to establish uniform guidelines to notify HOAs that certain building permits have been applied for, if an HOA approval is not submitted with the building permit; and WHEREAS, the City Council of the City of Palm Desert, California, on October 10, 2024, considered adopting a policy for notifying homeowner associations as part of the building permit process; and WHEREAS, the City Council of the City of Palm Desert, California has determined that the proposed policy, is consistent with the General Plan and applicable state law; and WHEREAS, the intent of this policy is to supplement, but not supersede, any existing laws or policies on this subject matter. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California as follows: SECTION 1. That the foregoing Recitals are true and correct and are incorporated herein by this reference. 273 SECTION 2. The City Council hereby adopts Policy No. DS-001, a Policy for Homeowner Association Notification attached hereto as Exhibit “A”. ADOPTED ON______________________2024 ________________________________ KARINA QUINTANILLA MAYOR ATTEST: __________________________________ ANTHONY J. MEIJA CITY CLERK I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2024-__ is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on _______________________, by the following vote: AYES: NOES ABSENT: ABSTAIN: RECUSED: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ___________________. ________________________________ ANTHONY J. MEJIA CITY CLERK 274 CITY OF PALM DESERT DEVELOPMENT SERVICES DEPARTMENT Subject Homeowner Association Involvement - Building Permit Process Policy No. DS - Date Issued: October 10, 2024 Approved by Resolution No. 2024- Authored by Richard D. Cannone, AICP, Director I. Intent It is the intent of this policy to facilitate understanding of the need for homeowner association (HOA) approvals and establish the process by which these approvals must be obtained when they are not included with a building permit application. The City, through its planning approval process, establishes and reviews development covenants, conditions and restrictions (CC&R's). Many of the development requirements are incorporated into the various land use and zoning codes, architectural controls and CC&R's. It should be clear that our role as Staff is to support the HOA. Given this understanding, the following policy guidelines are established in conjunction with the need for HOA approval. This policy is meant to supplement, but not supersede, any existing laws or policies on this subject matter. This policy is a fluid document that may be updated and revised, from time-to-time as needed, to adapt to the needs of both the community and the City. II. Policy A. If it is determined that a building permit application is subject to HOA approval and HOA approval was not included as part of the application, it will be checked against the latest copy of the HOA boundary map maintained by the Planning Division to determine if the property listed on the application is located within an HOA boundary. B. If it is determined that HOA approval is required, the Applicant will be notified that they must submit a letter to the City from the HOA approving the proposed plans within ten (10) days. The letter must, at a minimum, be dated and signed by an authorized representative of the HOA’s board, such as the President, Vice President, Architectural Committee President and/or Landscape Committee President. Specific reference should be made to the plans and date of plans, to avoid misunderstanding should a revised set be submitted. As board members change quite frequently and official letterhead is not always available, Staff shall do its best to ascertain authenticity of the approval letters, such Exhibit “A” 275 as checking against latest City HOA listing. Beyond this, the City is not in a position to track and maintain lists of each authorized HOA representative and therefore accepts the written representations supplied by the Applicant. C. If after the initial 10-day period, the Applicant has not obtained approval from the HOA, Staff shall do the following: 1. Notify the HOA immediately in writing, by filling out and sending the attached form, that an application has been submitted. 2. If after the initial 10-day period, there is no resolution of the issue(s), the permit shall be issued ten (10) days from the end of the initial 10-day period. This 20-day period is to permit time for the Applicant or HOA to resolve issues. The additional 10-day period allows time for the HOA to take any actions required should resolution not be achieved. 3. Should an HOA representative contact Development Services Staff either verbally or in writing, Staff should contact the Applicant and inform them of the HOA's concerns and strongly encourage the Applicant to work out any concerns with the HOA. D. Plan revisions shall be at the judgment of the plan reviewer if further HOA approval is needed. Generally, only major revisions or revisions that would change approved construction materials or aesthetic treatment need to be resubmitted by the Applicant for HOA approval. E. The City’s request for HOA approval as part of a building permit application does not supersede any requirements set forth in any applicable Municipal Code section, General Plan, Building Code standards, or state law. Lack of HOA approval will not necessarily result in rejection of the permit application. III. Exemptions The following building permit applications shall be exempt from this policy: Any interior modifications to habitable structures that do not have an impact on the structures' exteriors. Accessory Dwelling Units Solar Panels or battery storage HVAC Replacement (Existing location only) Electrical Panel upgrades Water Heater Replacement (Existing locations only) IV. Appeals This policy and any decisions made thereunder, shall be appealable to the City Manager 276 SAMPLE "A" [DATE] TO: ATTN: HOA Representative(s) SUBJECT: Permit Application No.: Address: The Applicant, [NAME] , has applied to the City of Palm Desert Building Division to install the below-described improvements. The City will hold the permit application until [MONTH/DAY] , [YEAR] (20 days from the date of this notice), to permit the Homeowners Association to resolve any outstanding issues. Should the issues not be resolved by the above date, a permit will be issued on , [MONTH/DAY] , [YEAR] (10 days from the above date). If you have concerns, please contact the Building Division. PROPOSED WORK: __________________________________ [STAFF NAME/PHONE NUMBER/EMAIL] 277 SAMPLE "B" DO YOU NEED HOMEOWNER ASSOCIATION APPROVAL? Homeowner Associations (HOAs) are set up in many areas of the City to provide for such things as common area maintenance and improvements, control of individual exterior improvements, and to provide consistency with applicable Covenants, Conditions & Restrictions (CC&Rs). The CC&Rs were set up when the subdivision was first developed and provide guidelines to ensure that certain standards are continually met. Depending on the area in which you live, these standards can control the color of your unit, roof composition, architectural and landscape treatment, parking, etc. Consequently, the City supports the many HOAs and requires, in many instances as discussed below, HOA approval prior to City issuance of permits. When is HOA approval needed? You need HOA approval whenever you live in an area controlled by a HOA and you are planning to do work that may change or modify exterior architecture, color, landscape, etc. When is HOA approval not needed? Generally, HOA approval is not required when you are doing interior modification to your structure that is not visible from the exterior, the installation of solar panels, or adding an Accessory Dwelling Unit (ADU). What do I have to submit to the City? If HOA approval is required, you must submit a letter from your board, signed by an authorized representative, approving the changes you are proposing. What if I cannot get HOA approval? If you cannot obtain approval, the City will notify the HOA board and withhold permit issuance for thirty (30) days to allow the Board time for input. 278 Page 1 of 5 CITY OF PALM DESERT STAFF REPORT MEETING DATE: October 10, 2024 PREPARED BY: Carlos Flores, AICP, Principal Planner SUBJECT: CONSIDERATION TO APPROVE A PRECISE PLAN AMENDMENT FOR A 1,103-SQUARE-FOOT GUESTHOUSE AT 72240 UPPER WAY WEST RECOMMENDATION: Adopt a Resolution, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), AND APPROVAL OF A HILLSIDE DEVELOPMENT PLAN TO CONSTRUCT A 1,103 -SQUARE-FOOT GUESTHOUSE ON A PROPERTY LOCATED AT 72240 UPPER WAY WEST” BACKGROUND/ANALYSIS: In 2021, the Applicant submitted a Precise Plan request (PP21-0005) to construct a 1,103- square-foot (sf) guesthouse on a property with an existing single -family home located at 72240 Upper Way West, within the Hillside Preservation Residential (HPR) zone. The Architectural Review Commission (ARC) approved the design review for this project on February 8, 2022, subject to the following conditions: 1) Explore other material options for stone veneer detail with consideration to angular cuts necessary for application of material, if stone veneer is not used a dark color should be used in this area to assist with breaking up façade; 2) Consider increasing the massing of areas which the stone veneer is applied; 3) Street exposed windows should be recessed; 4) Fascia should be a metal material, avoid use of wood; 5) Incorporate different materials/color for cool roof instead of proposed white to minimize contrast to surrounding natural environment; and 6) Staff shall develop conditions of approval that assure all exterior building finishes, paving, ground covers, and re-naturalized slopes are appropriate to the hillside area prior to the project proceeding to Planning Commission. Precise Plan 21-0005 was ultimately approved by the City Council on April 14, 2022, via Resolution 2022-28. In 2023, the Applicant prepared building construction plans and began construction of the approved guesthouse. During construction, the Applicant discovered that the location of the guesthouse was being constructed within a private easement that doesn’t allow structures. Construction was halted, and the Applicant demolished all portions of the building that had been constructed. 279 City of Palm Desert PP21-0005 Amendment 1 (PP24-0005) Page 2 of 5 Project Summary: The Applicant applied for a new Precise Plan (PP24 -0005) to amend the approved Precise Plan PP21-0005, to move the 1,103-sf guesthouse to a new, allowable location on the property (Project). The currently proposed Project is not located within any private or public easements. The Project would require City Council final approval. A. Property Description The property is a 5.06-acre lot composed of steeply sloping areas and three graded pad areas (Property). One of these pads is developed with a 2,873 -square-foot, single-family residence, originally built in the 1960s under the jurisdiction of the County of Riverside. There is no record of approval for the remaining graded pads. Much of the site is undevelopable due to the steep terrain. Access to the site is provided by a privately maintained paved access road that bifurcates the property. Properties to the north, south, and east are hill side areas developed with single-family residential dwellings. Properties further to the west are hillside conservation areas and the Stone Eagle Golf Club. B. Zoning, General Plan and Adjacent Uses Table 1 – Adjacent Land Use and Designations Existing Uses General Plan Zoning Project Site Single Family Residence Rural Neighborhood Hillside Planned Residential (HPR) North Single Family Residence Rural Neighborhood HPR South Single Family Residence Rural Neighborhood HPR East Vacant Rural Neighborhood HPR West Vacant Rural Neighborhood Open Space C. Project Description The Project is a Hillside Development Plan to construct a single-story, detached 1,103-sf guesthouse on the Property, revising a previously approved Precise Plan . The guesthouse will contain two bedrooms, two bathrooms, a living area, and a single-car attached carport. Site Plan The Project’s Site Plan includes the 1,103-sf guesthouse in the rear of the property, set back 26 feet from the side property line and 113 feet from the rear property line (Sheet A100, Attachment 2). The Site Plan shows an area at the rear that does not allow structures per underlying property easements. There are no proposed modifications to the rest of the Property or originally approved project, including access, existing single-family residence, and parking. Architecture The architecture of the proposed guesthouse is desert contemporary and characterized by a butterfly-shaped roof and earth tone finishes, similar to the architecture approved in PP21 - 0005. The top of the roof will extend to a height of 16 feet, 7 inches and the central portion 280 City of Palm Desert PP21-0005 Amendment 1 (PP24-0005) Page 3 of 5 will sit at a height of 13 feet, 0 inches. As a response to the conditions placed on PP21-0005 by the ARC in 2022, the Applicant revised the originally proposed architecture as follows: - The guesthouse will not include a stone veneer element and will instead utilize smooth stucco finish throughout the building with a Gobi Desert paint finish. - The top of the flat roof color is Desert Tan and the fascia material is metal. Other applicable conditions provided by ARC in 2022 have been recommended by Staff to remain as conditions of approval for this project. Landscaping No revisions to the approved landscaping are proposed as part of this Project. The preliminary landscape plan approved as part of PP21 -0005 would remain effective for this Property. Zoning Ordinance Summary: Table 2 – Development Standards Summary STANDARD HPR ZONE PROJECT CONFORMS Height - 16’-7” N/A Front Setback - 182’-0” N/A Rear Setback - 579’-0” N/A Interior Side Setback - 26’ N/A Parking - 1 covered space Yes Lot Coverage 10% 1.8% Yes Legal Review: This report has been reviewed by the City Attorney’s Office. APPOINTED BODY RECOMMENDATION: Architectural Review Commission On July 23, 2024, the City’s ARC took the following action after consideration of Design Review Approval for the project: Following discussion, MOTION BY COMMISSIONER LATKOVIC, SECOND BY COMMISSIONER COLVARD, CARRIED 4-2 (COMMISSIONERS VUKSIC AND MCINTOSH VOTING NO; COMMISSIONER BLAKELEY ABSENT); to approve Case No. DR24-0005 Amendment No. 1 with the following conditions: 1) Street exposed windows should be recessed. 2) Staff shall develop conditions of approval that assure all exterior building finishes, paving, ground covers, and re-naturalized slopes are appropriate to the hillside area prior to the project proceeding to Planning Commission. These have been incorporated into the conditions of approval. 281 City of Palm Desert PP21-0005 Amendment 1 (PP24-0005) Page 4 of 5 Planning Commission On August 20, 2024, the City’s Planning Commission took the following action at its regular meeting: Following discussion, MOTION BY COMMISSIONER GREENWOOD, SECOND BY COMMISSIONER HOLT, (COMMISSIONER PRADETTO VOTING NO, COMMISSIONER GREGORY ABSENT) CARRIED 3-1; to Adopt Resolution No. 2879 entitled, “A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, CONSIDERING A RECOMMENDATION TO THE CITY COUNCIL FOR THE ADOPTION OF A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), AND APPROVAL OF A HILLSIDE DEVELOPMENT PLAN TO CONSTRUCT A 1,103 -SQUARE-FOOT GUESTHOUSE ON A PROPERTY LOCATED AT 72240 UPPER WAY WEST.” Environment Review: The application has complied with the requirements of the “2024 Local Guidelines for Implementing the California Environmental Quality Act for the City of Palm Desert” Resolution No. 2024-035, in that the City Council finds that the Project is exempt from CEQA as a Class 3 exemption for new construction or conversion of small structures. Class 3 is intended for projects characterized as new construction of small structures, which includes the construction of one single-family residence or a second dwelling in a residential zone. The property is zoned HPR, which permits the construction of residential structures and accessory structures. Additionally, the project is not subject to any of the exceptions for categorical exemptions identified in CEQA Guidelines Section 15300.2: 1. The project qualifies as a Class 3 exemption as it is a small residential gue st house structure on a lot containing an existing primary residential structure. The project is not located on a site where it may have an adverse impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted according to law by federal, state, or local agencies. The project site will not impact designated environmental or biological resources as it is not located within a conservation area as identified by the Coachella Valley Multiple Species Habitat Conservation Plan. 2. The project will not have a cumulative impact on the environment as no other discretionary projects have been approved within 500 feet of the project site within the last five (5) years. The surrounding areas is developed with limited single-family residential and similar residential structures such as casitas or accessory structures such as garages. 3. There are no unusual circumstances on the project site. The project site is not located within a flood zone per the latest FEMA Flood Zone Maps. The project site is not located within an urban area per Fire Hazard Severity Zone maps available from the Rive rside County Fire Department and depicted on Figure 8.6 on Page 120 of the General Plan. The project site is not identified within an Alquist-Priolo Fault Zone per the latest maps on file with the California Department of Conservation. The nearest fault zo ne is adjacent to the Indio Hills area north of the Palm Desert City limits. 282 City of Palm Desert PP21-0005 Amendment 1 (PP24-0005) Page 5 of 5 4. The project site is not located in proximity to any scenic highway. The nearest officially designated scenic highway are portions of State Route 74 located south of the Palm Desert City Limits. 5. The project site is not identified as a historic waste site on any list compiled according to Section 65962.5 of the Government Code. 6. The project site does not contain any existing designated historic resource and is not within a designated historic preservation district. In conclusion, no special circumstances exist that would create a reasonable possibility that the project will have a significant adverse effect on the environment. Therefore, staff concludes that no further environmental review is required. Public Input Public noticing was conducted for the October 1, 2024, City Council meeting in accordance with PDMC Section 25.60.060 and additional requirements set by PDMC Section 25.78.020 (C)(2). A public hearing notice was published on Friday, September 27, 2024, in The Desert Sun. Additionally, notices were mailed to all property owners within 4,000 feet of the project site. City staff has received two (2) public comments as of the date of this report (Attachment 8). FINANCIAL IMPACT: No financial impact. ATTACHMENTS: 1. Resolution 2. ARC Minutes, July 23, 2024 3. Planning Commission August 20, 2024 Notice of Action 4. Project Plans 5. Material Board 6. Line of Sight 7. Public Hearing Notice 8. Comment Letters Received 283 284 RESOLUTION NO. 2024-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, MAKING A FINDING OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), AND APPROVAL OF A HILLSIDE DEVELOPMENT PLAN TO CONSTRUCT A 1,103-SQUARE-FOOT GUESTHOUSE ON A PROPERTY LOCATED AT 72240 UPPER WAY WEST CASE NO. PP21-0005 Amendment No. 1 (PP24-0005) WHEREAS, the City Council of the City of Palm Desert, California, did on the 14th day of April 2022, hold a duly noticed public hearing to consider a request by Level 7 (“Applicant) to construct a 1,103 square foot detached guesthouse at 72240 Upper Way West and adopted Resolution No. 2022-28 to approve said request; and WHEREAS, Michael Reilly, Applicant, submitted an application to amend the above noted project approval in order to move the location of the guesthouse ; and WHEREAS, the Architectural Review Commission of the City of Palm Desert, California, did on the 23rd day of July 2024, consider the request by Michael Reilly at its meeting and recommended design review approval to the Planning Commission of the above-noted project request; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 20th day of August 2024, at a duly noticed public hearing, adopted Planning Commission Resolution No. 2879 to recommend the City Council approve the above - noted project request; and WHEREAS, the project complies with the goals and policies contained in the City’s General Plan that promote sensitive grading practices for hillside development, preservation of scenic mountain views, and preservation of the natural environment; and WHEREAS, the project conforms with the Hillside Planned Residential (HPR) zone with the proposed addition of a residential guesthouse; and WHEREAS, the project maintains a land-use pattern that provides an attractive building design that will integrate well with the hillside area and does not adversely impact views of the hillside area; and WHEREAS, under Section 21067 of the Public Resources Code, Section 15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), and the City of Palm Desert’s (“City’s”) Local CEQA Guidelines, the City is the lead agency for the proposed project; and WHEREAS, said application has complied with the requirements of the "2024 Local Guidelines for Implementing the California Environmental Quality Act for the City of Palm Desert” Resolution No. 2024-035, in that the Director of Development Services has 285 RESOLUTION NO. 2024-___ 2 determined that the project will not have a significant impact on the environment and that the project is categorically exempt under Article 19, Section 15303 New Construction or Conversion of Small Structures (Class 3) of the CEQA Guidelines, as outlined in the staff report and the project is not subject to any of the exceptions for categorical exemptions identified in CEQA Guidelines Section 15300.2; therefore, no further e nvironmental review is necessary; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 10th day of October 2024, hold a duly noticed public hearing to consider the request by Michael Reilly, for approval of an amendment to the above-noted project request; and WHEREAS, at 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, 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. CEQA Determination. The proposed project has been reviewed pursuant to the requirements of California Environmental Quality Act (CEQA) and the State CEQA Guidelines. The Project is exempt from CEQA pursuant to CEQA Guidelines Section 15303, New Construction or Conversion of Small Structures. The project involves the construction of an 1,103-square-foot, single-story detached residential guesthouse on a parcel containing an existing primary residence. The project site is zone d Hillside Planned Residential (HPR) which allows the development of single-family residential dwellings and accessory structures such as guest houses. The City Council, based on the staff report and materials and testimony presented during the hearing, based on its own independent judgment, hereby finds that no further environmental review is required because the project is exempt from CEQA pursuant to CEQA Guidelines Section 153 03. Additionally, the project is not subject to any of the exceptions for categorical exemptions identified in CEQA Guidelines Section 15300.2: 1. The project qualifies as a Class 3 exemption as it is a small residential guest house structure on a lot containing an existing primary residential structure. The project is not located on a site where it may have an adverse impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted according to law by federal, state, or local agencies. The project site will not impact designated environmental or biological resources as it is not located within a conservation area as identified by the Coachella Valley Multiple Species Habitat Conservation Plan. 286 RESOLUTION NO. 2024-___ 3 2. The project will not have a cumulative impact on the environment as no other discretionary projects have been approved within 500 feet of th e project site within the last five (5) years. The surrounding areas are developed with limited single-family residential and similar residential structures such as casitas or accessory structures such as garages. 3. There are no unusual circumstances on the project site. The project site is not located within a flood zone per the latest FEMA Flood Zone Maps. The project site is not located within an urban area per Fire Hazard Severity Zone maps available from the Riverside County Fire Department and depicted on Figure 8.6 on Page 120 of the General Plan. The project site is not identified within an Alquist-Priolo Fault Zone per the latest maps on file with the California Department of Conservation. The nearest fault zo ne is adjacent to the Indio Hills area north of the Palm Desert City limits. 4. The project site is not located in proximity to any scenic highway. The nearest officially designated scenic highway are portions of State Route 74 located south of the Palm Desert City Limits. 5. The project site is not identified as a historic waste site on any list compiled according to Section 65962.5 of the Government Code. 6. The project site does not contain any existing designated historic resource and is not within a designated historic preservation district. SECTION 3. Findings on Precise Plan. In recommending approval of this Project, the City Council, and under Palm Desert Municipal Code (PDMC) Section 25.72.030(E), the following findings are required before granting a PP: 1. With the approval of this precise plan, consideration is given and restrictions are 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 protection of adjoining properties, as would be accorded in normal circumstances by the standard restrictions imposed by Chapter 25.72.030. The project, as condi tioned, meets all of the requirements of the underlying zone and provides this project the same allowances that its surrounding properties would be governed by. 2. The proposed precise plan is not found to 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. 287 RESOLUTION NO. 2024-___ 4 3. A Design Review for the project architecture was reviewed and approved as required by the Architectural Review Commission on July 23, 2024. SECTION 4. That the City Council approve Case No. PP21-0005, Amendment No. 1 (PP24-0005), pursuant to the conditions of approval in Exhibit A. SECTION 5. Effective Date. This Resolution shall take effect immediately upon this adoption. ADOPTED ON ________________, 2024. KARINA QUINTANILLA, MAYOR ATTEST: ANTHONY J. MEJIA, CITY CLERK 288 RESOLUTION NO. 2024-___ 5 I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2024-__ is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on _______________________, by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSED: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ______________, 2024. ANTHONY J. MEJIA CITY CLERK 289 RESOLUTION NO. 2024-___ 6 EXHIBIT “A” CONDITIONS OF APPROVAL CASE NO. PP24-0005 PLANNING DIVISION: 1. The development of the property shall conform substantially with exhibits on file with the Development Services Department, as modified by the following conditions. 2. The applicant agrees that in the event of any administrative, legal, or equitable action instituted by a third party challenging the validity of any of the procedures leading to the adoption of these project approvals for the project, or the project approvals themselves, the developer and City each shall have the right, in their sole discretion, to elect whether or not to defend such action. Developer, at its sole expense, shall defend, indemnify, and hold harmless the City (including its agents, officers , and employees) from any such action, claim, or proceeding with counsel chosen by the City, subject to the developer’s approval of counsel, which shall not be unreasonably denied, and at the developer’s sole expense. If the City is aware of such an action or proceeding, it shall promptly notify the developer and cooperate in the defense. Developer upon such notification shall deposit with City sufficient funds in the judgment of City Finance Director to cover the expense of defending such action without any offset or claim against said deposit to assure that the City expends no City funds. If both parties elect to defend, the parties hereby agree to affirmatively cooperate in defending said action and to execute a joint defense and confidentiality agreement in order to share and protect the information, under the joint defense privilege recognized under applicable law. As part of the cooperation in defending an action, City and developer shall coordinate their defense in order to make the most efficient use of legal counsel and to share and protect info rmation. Developer and City shall each have sole discretion to terminate its defense at any time. The City shall not settle any third-party litigation of project approvals without the developer’s consent, which consent shall not be unreasonably withheld, conditioned, or delayed unless developer materially breaches this indemnification requirement. 3. The development of the property described herein shall be subject to the restrictions and limitations set forth herein, which are in addition to the approved development standards listed in the Palm Desert Municipal Code (PDMC), state, and federal statutes now in force, or which hereafter may be in force. 4. The Hillside Development Plan (HDP) shall expire if construction of the said project shall not commence within two years from the date of final approval unless an extension of time is granted; otherwise, said approval shall become null, void, and of no effect whatsoever. 290 RESOLUTION NO. 2024-___ 7 5. Any proposed changes to this HDP will require an amendment to the application, which will result in a new public hearing. 6. All construction documentation shall be coordinated for consistency, including, but not limited to, architectural, structural, mechanical, electrical, plumbing, landscape and irrigation, grading, and street improvement plans. All such plans shall be consistent with the approved entitlement plans on file with the Development Services Department. 7. Construction of said project shall commence within two years from the date of final approval unless an extension of time is granted; otherwise, said approval shall become null, void, and of no effect whatsoever. 8. Any proposed modifications to this approval shall require an amendment to the application, which will result in a new public hearing. 9. Prior to issuance of a building permit for construction of any use or structure contemplated by this approval, the applicant shall first obtain permits and or clearance from the following agencies: Coachella Valley Water District (CVWD) Public Works Department Fire Department Evidence of said permit or clearance from the above agencies shall be presented to the Building & Safety Division at the time of issuance of a building permit for the use contemplated herewith. 10. Lighting plans shall be submitted in accordance with PDMC Section 24.16 for any landscape, architectural, street, or other lighting types within the project area. 11. All exterior lighting sources shall be fully shielded and directed downwards and is subject to approval by the Palm Desert Development Services Department. Luminaries with total lamp lumens above sixteen thousand lumens shall not be used. 12. Final landscape and irrigation documents shall be prepared by a landscape architect registered with the State of California and shall be submitted to the City’s Development Services Department and the Coachella Valley Water District for review and approval. All sheets shall be wet signed by the landscape architect and shall include the license number and the expiration date. The landscape plan shall conform to the preliminary landscape plans prepared as part of this application and shall include dense plantings of landscape material. 13. All project irrigation systems shall function properly, and landscaping shall be maintained in a healthy and thriving condition. The maintenance of landscaping and the irrigation system shall be permanently provided for all areas of the project site, as 291 RESOLUTION NO. 2024-___ 8 well as walkways and the portion of public right-of-way abutting the project site (parkways). Furthermore, the plans shall identify responsibility for the continued maintenance (such as homeowners’ association, landscape maintenance district, property owner, etc.). 14. All exterior equipment, and all appurtenances thereto, shall be completely screened from public view by walls, or roof screens that are architecturally treated to be consistent with the building. The final construction plans shall include appropriate drawings demonstrating how such equipment is to be screened from view. No rooftop equipment shall be permitted. 15. All ground-mounted utility structures including, but not limited to, transformers, HVAC equipment, and backflow prevention valves shall be located out of view from any public street or adequately screened through the use of landscaping and/or masonry walls. 16. The applicant shall comply with the recommendations made by the City’s Architectural Review Commission (ARC), as referenced in the July 23, 2024, Notice of Action as follows: a. Street exposed windows should be recessed b. All exterior building finishes, paving, ground covers, and re-naturalized slopes shall be appropriate to the hillside area. 17. The applicant or any successor in interest shall comply with all applicable local, state, and federal laws and regulations. 18. A copy of the herein-listed Conditions of Approval shall be included in the construction documentation package for the project, which shall be continuously maintained on - site during project construction. 19. The final design of all site walls shall be subject to review and approval by the Palm Desert Development Services Department. The design, material, color, and finish of all site walls shall be designed to integrate with the surrounding undisturbed natural hillside area in terms of color, form, and material. 20. The applicant shall ensure all proposed groundcover, paving, and other hardscapes shall be finished in a color that is compatible with the undisturbed natural terrain of the surrounding hillside area. 21. All cuts, fills, or other areas temporarily disturbed by grading shall be re -naturalized, colored, and landscaped to blend with the adjacent undisturbed natural terrain. 22. The exterior color of the guesthouse structure shall be selected to blend with the adjacent undisturbed natural terrain. 23. The approved pad elevation of the guesthouse shall be 768, as shown on the approved preliminary grading plan. Modifications to the approved pad height shall 292 RESOLUTION NO. 2024-___ 9 require approval by the Planning Commission, accompanied by additional plans and information to assess the impact on views of the hillside. 24. All landscaping shall match the approved landscape pl an. Modifications to the approved landscaping plan shall be subject to review by the Development Services Department to assess the impact on views of the hillside. Dense landscape plant ings and the use of non-native desert plantings are discouraged. Landscaping shall blend into the hillside and reflect the visual patterns found naturally in the adjacent natural terrain. LAND DEVELOPMENT DIVISION: 25. The following plan is hereby referenced: preliminary precise grading for 72 -240 Upper Way West; prepared by Essi Engineering; dated April 8, 2024. 26. It is assumed that easements shown on the tentative parcel map exhibit are shown correctly and include all the easements that encumber the subject property. A current preliminary title report for the site shall be submitted during technical plan review. The Applicant shall secure approval from all easement holder for all grading and improvements, which are proposed over respective easements, including the proposed structure within the existing 25-foot access easement per U.S. Patent 14283 dated February 16, 1960 , and the proposed driveway within existing 10-foot easement in favor of Coachella Valley Water District per Instrument No. 69269 dated June 15,1965. Otherwise, the applicant shall provide evidence that the easement has been relocated, quitclaimed, vacated, abandoned, easement holder cannot be found, or is otherwise of no effect. Should such approvals or alternative actions regarding the easements not be provided and approved by the City, the Applicant may be required to amend or revise the proposed site configuration as may be necessary. 27. Pad elevation for the proposed guesthouse, as shown on the preliminary precise grading exhibit, is subject to review and modification per the City of Palm Desert Municipal Code Title 27. 28. It is understood that the conceptual exhibits correctly show all existing easements, traveled ways, and drainage courses, and that major modification with the final plans and reports may require the applicant to process a revised site plan through Planning Commission as directed by the City Engineer. 29. All utility extensions within the site shall be placed underground unless otherwise specified or allowed by the respective utility purveyor. 30. Prior to issuance of the grading permit for the devel opment, the Applicant shall pay all appropriate signalization fees in accordance with the City’s Resolution No. 79 -17 and 79-55. 293 RESOLUTION NO. 2024-___ 10 31. Prior to building permit, the Applicant shall pay the appropriate drainage fee in accordance with the City’s Municipal Code Section 26.49 and Palm Desert Ordinance No. 653. 32. The Applicant shall comply with Palm Desert Ordinance No. 843, Section 24.20 Stormwater Management and Discharge Ordinance. 33. Prior to a grading permit, the Applicant shall prepare a final grading plan for the site. No grading or other improvements shall be permitted until a final grading plan has been approved by the City Engineer. Grading plans and all grading shall conform to the approved Conceptual Grading Plan, the California Building Code, Palm Desert Municipal Code (PDMC) Title 27 Grading, and all other relevant laws, rules, and regulations governing grading in the City of Palm Desert. 34. Prior to a grading permit, Applicant may submit combined rough and precise grading plans for this development. The final grading plans shall show and identify all proposed onsite improvements in accordance with the approved conceptual grading exhibit 35. All manufactured slopes shall be planted or otherwise protected from the effects of stormwater runoff and erosion per Palm Desert Municipal Code Section 27.12 36. Grading plan submittal shall include an erosion control plan for review and approval of the City Engineer. 37. Prior to a grading permit, Applicant shall provide the City verification, to the satisfaction of the City Engineer, that improvements within existing easements and prescriptive access roadway have been authorized by the appropriate easement holder(s). 38. Prior to a grading permit, the Applicant shall submit a geotechnical report for review and approval of the City Engineer. The project’s Geotechnical Engineer shall sign the final grading plans. 39. Prior to grading permit and in compliance with the City of Palm Desert Municipal Code Chapter 27.24, the Applicant shall enter into an agreement and post financial security guarantee for all grading work related to this project. 40. Prior to the issuance of a grading permit, the applicant shall submit a PM10 application for review and approval. The applicant shall comply with all provisions of Palm Desert Municipal Code Section 24.12 regarding Fugitive Dust Control. 41. Prior to the issuance of a building permit, a licensed land surveyor shall certify the completion of grading in conformance with the lines and grades shown on the approved grading plans. 294 RESOLUTION NO. 2024-___ 11 42. Prior to building final inspection, the Applicant is responsible for the completion of all improvements for which plans are required. BUILDING AND SAFETY DIVISION: 43. This project shall comply with the latest adopted edition of the following codes: A. California Building Code and its appendices and standards. B. California Residential Code and its appendices and standards C. California Plumbing Code and its appendices and standards. D. California Mechanical Code and its appendices and standards. E. California Electrical Code. F. California Energy Code. G. California Green Building Standards Code H. Title 24, California Code of Regulations. I. California Fire Code and its appendices and standards. 44. The applicant shall coordinate directly with: Riverside County Fire Marshal’s Office CAL FIRE/Riverside County Fire Department 77933 Las Montañas Road, Ste 201, Palm Desert, CA 92211 Main: 760-863-8886 45. All contractors and subcontractors shall have a current City of Palm Desert Business License prior to permit issuance per PDMC, Title 5. 46. All contractors and/or owner-builders must submit a valid Certificate of Workers’ Compensation Insurance coverage prior to the issuance of a building permit per California Labor Code, Section 3700. 47. Address numerals shall comply with Palm Desert Ordinance No. 1351 (P DMC 15.28. Compliance with Ordinance 1351 regarding street address location, dimension, a stroke of line, distance from the street, height from grade, height from the street, etc., shall be shown on all architectural building elevations in detail. Any possibl e obstructions, shadows, lighting, landscaping, backgrounds, or other reasons that may render the building address unreadable shall be addressed during the plan review process. The applicant may request a copy of Ordinance 1351 or PDMC Section 15.28 from the Building and Safety Division counter staff. FIRE DEPARTMENT: 48. Fire Hydrants and Fire Flow: An existing fire hydrant capable of providing the minimum required fire flow appears to be located o n Upper Way West; however, since the hydrant is more than 400 feet from the home, as measured by an approved 295 RESOLUTION NO. 2024-___ 12 route, an automatic fire sprinkler system is required for the home. Fire sprinkler plans shall be submitted to the Office of the Fire Marshal for review and approva l prior to installation. Reference 2019 California Fire Code (CFC) 507.5.1. 49. Fire Department Access: Prior to building permit issuance, a fire access site plan shall be approved. Electric gates shall be provided with Knox key switches to allow for rapid emergency access. Manual gates normally maintained locked should be provided with a Knox Box or Knox padlock. CFC 503.1.1, and 506.1. 50. Gate Access: Electric gate operators shall be provided with Knox key switches. Electric gate operators shall also be connected to a remote signal receiver compatible for use with the preemption devices on the Riverside County fire apparatus. The gate shall automatically open upon receiving a remote signal from the fire apparatus and remain in the fully open position for a m inimum of 30 seconds. Ref. CFC 506.1. END OF CONDITIONS OF APPROVAL 296 Architectural Review Commission Minutes July 23, 2024 3 Motion by: Commissioner McIntosh Seconded by: Commissioner McAuliffe Following discussion, motion carried to approve Case No. DR23-0015 as presented with the following conditions: 1. A pilaster with the same stone cladding on the building shall be added to the opening at the northeast corner of the patio. 2. Gravel placed in planters adjacent to the parking lot shall match existing parking lot gravel. 3. Shipping container shall be new or like-new condition. Motion Carried (6 to 0) 8.b CONSIDERATION TO APPROVE AN AMENDMENT FOR A DESIGN REVIEW APPROVAL OF A 1,103 SQUARE FOOT GUESTHOUSE AT 72240 UPPER WAY WEST Principal Planner, Carlos Flores, narrated a PowerPoint presentation on the item and responded to Commission inquiries. Mike Reilly, Applicant, and Gabriel Rios, Architect, were present via Zoom. Chair Vuksic opened the public comment period and invited the applicant to speak. Mike Reilly, Applicant, introduced himself and answered questions from the Commission. With no other members of the public wishing to comment, Chair Vuksic closed the public comment period. Discussion on the item ensued with Commissioners providing comments for the project. Motion by: Commissioner Latkovic Seconded by: Commissioner Colvard Following discussion, motion carried to approve Case No. DR24-0005 Amendment No.1 as presented with the following conditions: 1) Street exposed windows should be recessed. 2) Staff shall develop conditions of approval that assure all exterior building finishes, paving, ground covers, and re-naturalized slopes are appropriate to the hillside area prior to the project proceeding to Planning Commission. NOES (2): Commissioner McIntosh, and Chair Vuksic Motion Carried (4 to 2) 297 298 299 300 P 1 SHEET TITLE DESCRIPTION PROJECT NO: LVL.002 COMMENCEMENT DATE: 2/23/2022 DRAWN BY: SPP CHK'D BY: GSY PUBLISHED DATE: 8/31/2022 MARK DATE CS-1 REVISIONS PLAN CHECK CORRECTIONS7/26/22 CITY APPROVAL STAMP 72240 UPPER WAY OWNER/APPLICANT :72240 UPPER WAYPALM DESERT, CA 92260 MICHAEL & TREA REILLY OCCUPANCY : PROJECT ADDRESS : SINGLE FAMILY AREA TABULATIONS: PROPOSED GUEST HOUSE:1,103 SQ.FT. TYPE V NON - RATED PALM DESERT, CA 92260 APN # 628-130-007 FEMA FLOOD DESIGNATION: PROJECT AREAS: TOTAL LOT AREA: 220,553.33 SF 100 % EXISTING RESIDENCE & GARAGE:2,873 +/- SF 1.30 EXISTING PAVEMENT: 2,067 +/- SF 0.94% PROPOSED CASITA: 1,103 +/- SF 0.50% PROPOSED PAVEMENT: 2,550 +/- SF 1.16% PROPOSED TOTAL COVERAGE: 8,602 +/- SF 3.90% BUILDING TYPE: RESIDENTIAL BUILDING AREA: 1,103 SF .50% PRIVATE RO D O L F O L I Z A R D E A Guest House Reilly Residence for 72-240 Upper Way Cover SheetC-1 GENERAL Precise Grading Plan1 of 3 Precise Grading Plan2 of 3 Floor PlanA2.0 Roof PlanA2.1 ElvetaionsA3.0 Cover Sheet - LandscapeCS-1 Irrigation PlanIR-1 Irrigation DetailsIR-2 Planting PlanP-1 Planting DetailsP-2 Precise Grading Plan3 of 3 C: \ U s e r s \ S P o r t e r \ D e s k t o p \ S P P De s i g n \ 2 0 2 2 \ L V L . 0 0 2 - Up p e r Wa y \ U p p e r Wa y MA S T E R . p l n 72240 UPPER WAY WEST PALM DESERT, CA 92260 COVER SHEET GUEST HOUSE FOR MICHAEL & TREA REILLY STEVEN P. PORTER email: sppdesign@gmail.com PDESIGN 29590 Landau Blvd #1 Cathedral City, CA 92234 telephone: (760) 808-9487 S 1 1 1 1 KEYNOTE DETAIL A410 A200 1 A A500 A300 SECTION 9.03 A1 A1 A1 A1 OR WORK POINT, CONTROL POINT, DATUM POINT OR PROPERTY CORNER. MATCH LINE SHADED PORTION IS THE SIDE CONSIDERED ROOM NUMBER SHEAR PANEL20 100 1 REVISION CLOUD AND MARKER COLUMN / GRID LINE LETTERS HORIZONTAL OR VERTICAL NUMBERS OPPOSITE DIRECTION INTERIOR ELEVATION EXTERIOR ELEVATION DOOR MARKER WINDOW MARKER E100 A A.C.T. ACOUSTICAL CEILING TILE A.T. ACOUSTICAL TILE A/C AIR CONDITIONER AB ANCHOR BOLT AC ASPHALTIC CONCRETE ACOUST ACOUSTICAL ACP ASPHALTIC CONCRETE PAVING AD AREA DRAIN ADA AMERICANS WITH DISABILITIES ACT ADAAG AMERICANS WITH DISABILITIES ACT ACCESSIBILITY GUIDELINES ADJ ADJUSTABLE/ADJACENT AFF ABOVE FINISH FLOOR AGGR AGGREGATE ALUM ALUMINUM APPROX APPROXIMATE ARCH. ARCHITECT ARCH'L ARCHITECTURAL ATC ACOUSTICAL TILE CEILING B.O. BOTTOM OF B.O.B. BOTTOM OF BEAM B.O.H. BOTTOM OF HEADER B.O.S. BOTTOM OF STEEL BCR BEGINNING CURB RETURN BD BOARD BFF BELOW FINISH FLOOR BI BUILT-IN BLDG BUILDING BLK BLOCK BLKG BLOCKING BM BEAM OR BENCHMARK BRZE BRONZE BSL BUILDING SETBACK LINE BTM BOTTOM BUR BUILT-UP ROOF C/C CENTER TO CENTER CA CALIFORNIA CAB CABINET CB CATCH BASIN (CIVIL) CB COLUMN BASE (STRUCTURAL & ARCHITECTURAL) CBC CALIFORNIA BUILDING CODE (UNIFORM BUILDING CODE WITH CALIFORNIA AMENDMENTS) CC COLUMN CAP CCR CALIFORNIA CODE OF REGULATIONS CD CEILING DIFFUSER CEC CALIFORNIA ENERGY COMMISSION CER CERAMIC CF CUBIC FOOT OR CUBIC FEET CFM CUBIC FEET PER MINUTE CFR CODE OF FEDERAL REGULATIONS CJ CONTROL JOINT CL CLOSET CLG CEILING CLKG CAULKING CLR CLEAR CMU CONCRETE MASONRY UNIT CO CLEAN OUT COL COLUMN CONC CONCRETE CONN CONNECTOR OR CONNECTION CONSTR CONSTRUCTION CONT CONTINUOUS CONTR CONTRACTOR CORR CORRIDOR CPT CARPET CRT MONITOR CT CERAMIC TILE CTV CABLE TELEVISION CU CUBIC CW COLD WATER D.O. DOOR OPENING DBL DOUBLE DEPT DEPARTMENT DET DETAIL DF DRINKING FOUNTAIN DIA DIAMETER DIM DIMENSION DISP DISPOSAL DN DOWN DR DOOR DRYWL DRYWALL DSA DIVISION OF THE STATE ARCHITECT DW DISHWASHER DWG DRAWING (E)EXISTING EA EACH EF EXHAUST FAN EJ EXPANSION JOINT EL ELEVATION ELEC ELECTRIC ELEC'L ELECTRICAL ELEV ELEVATOR EMERG EMERGENCY ENCL ENCLOSURE EP ELECTRICAL PANEL EQ EQUAL EQUIP EQUIPMENT EWC ELECTRIC WATER COOLER EXIST EXISTING EXP EXPOSED EXT EXTERIOR FAU FORCED AIR UNIT FD FLOOR DRAIN FE FIRE EXTINGUISHER FEC FIRE EXTINGUISHER CABINET FF FINISH FLOOR FIN FINISH FIX FIXED FIXT FIXTURE FL FLOW LINE FLR FLOOR FLUOR FLUORESCENT FOB FACE OF BLOCK FOC FACE OF CONCRETE OR FACE OF CURB FOS FACE OF STUD FOSH FACE OF SHEATHING FRP FIBER REINFORCED PLASTIC FS FINISH SURFACE FT FOOT, FEET FTG FOOTING GA GAUGE GAL GALLON GALV GALVANIZED GD GARBAGE DISPOSAL GFCI GROUND-FAULT CIRCUIT-INTERRUPTER GFI GROUND-FAULT CIRCUIT-INTERRUPTER GLB GLUE LAMINATED BEAM GPH GALLONS PER HOUR GPM GALLONS PER MINUTE GR GRADE GYP BD GYPSUM BOARD HB HOSE BIB HC HOLLOW CORE HD HOLD DOWN HDW HARDWARE HM HOLLOW METAL HMD HOLLOW METAL DOOR HMF HOLLOW METAL FRAME HMW HOLLOW METAL WINDOW HORIZ HORIZONTAL HT HEIGHT HTR HEATER HVAC HEATING, VENTILATION, & AIR CONDITIONING HW HOT WATER I.D. INSIDE DIAMETER ICBO INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS ID IDENTIFICATION INCAND INCANDESCENT INCL INCLUDED INSUL INSULATION INT INTERIOR INV INVERT JAN JANITOR JT JOINT KIT KITCHEN L.B. LAG BOLT LAM LAMINATE OR LAMINATED LAV LAVATORY LB POUND LT LIGHT LTG LIGHTING MAX MAXIMUM MC MEDICINE CABINET MECH MECHANICAL MFR MANUFACTURER MFR'S MANUFACTURER'S MGMT MANAGEMENT MGR MANAGER MH MANHOLE MICRO MICROWAVE OVEN MIN MINIMUM MISC MISCELLANEOUS MO MASONRY OPENING MR MOISTURE RESISTANT MTD MOUNTED MTL METAL MTR METER MUL MULLION (N)NEW NEC NATIONAL ELECTRIC CODE NIC NOT IN CONTACT NOM NOMINAL NTS NOT TO SCALE O.D. OUTSIDE DIAMETER OC ON CENTER OF OVERFLOW OFC OFFICE OPNG OPENING OPP OPPOSITE P PLANTER OR PLANTING AREA PART PARTITION PB POST BASE PC POST CAP PCC PORTLAND CEMENT CONCRETE PE PAD ELEVATION PEJ PLASTER EXPANSION JOINT PH PHONE PLAM LAMINATED PLASTIC PLAS PLASTER PLYWD PLYWOOD POC POINT OF CONNECTION POLY POLYETHYLENE PSF POUNDS PER SQUARE FOOT OR FEET PSI POUND PER SQUARE INCH PT PORCELAIN TILE PTN PARTITION PUE PUBLIC UTILITY EASEMENT QT QUARRY TILE QTY QUANTITY R RADIUS RB RUBBER BASE RD ROOF DRAIN RD/OF ROOF DRAIN AND OVERFLOW REDWD REDWOOD REF REFERENCE REFR REFRIGERATOR REFRIG REFRIGERATOR REINF REINFORCEMENT REQ REQUIRED RFF REFERENCE FINISH FLOOR RM ROOM RO ROUGH OPENING RT RESILIENT TILE S STORAGE SC SOLID CORE SCE SOUTHERN CALIFORNIA EDISON SCH SCHEDULE SEC SECTION SEC'Y SECRETARY SF SQUARE FOOT OR FEET SFM STATE FIRE MARSHALL SHT SHEET SIM SIMILAR SPEC SPECIFICATION SPECS SPECIFICATIONS SQ SQUARE SQ FT SQUARE FOOT OR FEET SS STAINLESS STEEL STA STATION STD STANDARD STO STORAGE STOR STORAGE STR'L STRUCTURAL STRUCT STRUCTURE STRUCT'L STRUCTURAL SUSP SUSPENDED T TOILET ROOM T&B TOP AND BOTTOM T&G TONGUE AND GROOVE T.O. TOP OF T.O.C. TOP OF CONCRETE T.O.F. TOP OF FRAMING T.O.P. TOP OF PARAPET T.O.R. TOP OF ROOF T.O.S. TOP OF STEEL T.O.W. TOP OF WALL T24 TITLE 24 CALIFORNIA CODE REQUIREMENTS TC TOP OF CURB OR CONCRETE TEL TELEPHONE TF TOP OF FOOTING TG TONGUE AND GROOVE THK THICK TNG TONGUE AND GROOVE TP TOP OF PAVEMENT TPD TOILET PAPER DISPENSER TR TOP OF ROOF TS TUBULAR STEEL TV TELEVISION TW TOP OF WALL TYP TYPICAL U/C UNDER COUNTER UBC UNIFORM BUILDING CODE UFC UNIFORM FIRE CODE UMC UNIFORM MECHANICAL CODE UNF UNFINISHED UNO UNLESS NOTED OTHERWISE UON UNLESS OTHERWISE NOTED UPC UNIFORM PLUMBING CODE UR URINAL V VINYL VCT VINYL COMPOSITION TILE W/ WITH A.C.T. ACOUSTICAL CEILING TILEA.T. ACOUSTICAL TILEA/C AIR CONDITIONERAB ANCHOR BOLTAC ASPHALTIC CONCRETEACOUST ACOUSTICALACP ASPHALTIC CONCRETE PAVINGAD AREA DRAINADA AMERICANS WITH DISABILITIES ACTADAAG AMERICANS WITH DISABILITIES ACT ACCESSIBILITY GUIDELINESADJ ADJUSTABLE/ADJACENTAFF ABOVE FINISH FLOORAGGR AGGREGATEALUM ALUMINUMAPPROXAPPROXIMATEARCH. ARCHITECTARCH'L ARCHITECTURALATC ACOUSTICAL TILE CEILINGB.O. BOTTOM OFB.O.B. BOTTOM OF BEAMB.O.H. BOTTOM OF HEADERB.O.S. BOTTOM OF STEELBCR BEGINNING CURB RETURNBD BOARDBFF BELOW FINISH FLOORBI BUILT-INBLDG BUILDINGBLK BLOCKBLKG BLOCKINGBM BEAM OR BENCHMARKBRZE BRONZEBSL BUILDING SETBACK LINEBTM BOTTOMBUR BUILT-UP ROOFC/C CENTER TO CENTERCA CALIFORNIACAB CABINETCB CATCH BASIN (CIVIL)CB COLUMN BASE (STRUCTURAL & ARCHITECTURAL)CBC CALIFORNIA BUILDING CODE (UNIFORM BUILDING CODE WITH CALIFORNIA AMENDMENTS)CC COLUMN CAPCCR CALIFORNIA CODE OF REGULATIONSCD CEILING DIFFUSERCEC CALIFORNIA ENERGY COMMISSIONCER CERAMICCF CUBIC FOOT OR CUBIC FEETCFM CUBIC FEET PER MINUTECFR CODE OF FEDERAL REGULATIONSCJ CONTROL JOINTCL CLOSETCLG CEILINGCLKG CAULKINGCLR CLEARCMU CONCRETE MASONRY UNITCO CLEAN OUTCOL COLUMNCONC CONCRETECONN CONNECTOR OR CONNECTIONCONSTR CONSTRUCTIONCONT CONTINUOUSCONTR CONTRACTORCORR CORRIDORCPT CARPETCRT MONITORCT CERAMIC TILECTV CABLE TELEVISIONCU CUBICCW COLD WATERD.O. DOOR OPENINGDBL DOUBLEDEPT DEPARTMENTDET DETAILDF DRINKING FOUNTAINDIADIAMETERDIM DIMENSIONDISP DISPOSALDN DOWNDR DOORDRYWL DRYWALLDSA DIVISION OF THE STATE ARCHITECTDW DISHWASHERDWG DRAWING(E)EXISTINGEA EACHEF EXHAUST FANEJ EXPANSION JOINTEL ELEVATIONELEC ELECTRICELEC'L ELECTRICALELEV ELEVATOREMERG EMERGENCYENCL ENCLOSUREEP ELECTRICAL PANELEQ EQUALEQUIP EQUIPMENTEWC ELECTRIC WATER COOLEREXISTEXISTINGEXP EXPOSEDEXT EXTERIORFAU FORCED AIR UNITFD FLOOR DRAINFE FIRE EXTINGUISHERFEC FIRE EXTINGUISHER CABINETFF FINISH FLOORFIN FINISHFIXFIXEDFIXTFIXTUREFL FLOW LINEFLR FLOORFLUOR FLUORESCENTFOB FACE OF BLOCKFOC FACE OF CONCRETE OR FACE OF CURBFOS FACE OF STUDFOSH FACE OF SHEATHINGFRP FIBER REINFORCED PLASTICFS FINISH SURFACEFT FOOT, FEETFTG FOOTINGGA GAUGEGAL GALLONGALV GALVANIZEDGD GARBAGE DISPOSALGFCI GROUND-FAULT CIRCUIT-INTERRUPTERGFI GROUND-FAULT CIRCUIT-INTERRUPTERGLB GLUE LAMINATED BEAMGPH GALLONS PER HOURGPM GALLONS PER MINUTEGR GRADEGYP BD GYPSUM BOARDHB HOSE BIBHC HOLLOW COREHD HOLD DOWNHDW HARDWAREHM HOLLOW METALHMD HOLLOW METAL DOORHMF HOLLOW METAL FRAMEHMW HOLLOW METAL WINDOWHORIZ HORIZONTALHT HEIGHTHTR HEATER HVAC HEATING, VENTILATION, & AIR CONDITIONING HW HOT WATER I.D. INSIDE DIAMETER ICBO INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS ID IDENTIFICATION INCAND INCANDESCENT INCL INCLUDED INSUL INSULATION INT INTERIOR INV INVERT JAN JANITOR JT JOINT KIT KITCHEN L.B. LAG BOLT LAM LAMINATE OR LAMINATED LAV LAVATORY LB POUND LT LIGHT LTG LIGHTING MAX MAXIMUM MC MEDICINE CABINET MECH MECHANICAL MFR MANUFACTURER MFR'S MANUFACTURER'S MGMT MANAGEMENT MGR MANAGER MH MANHOLE MICRO MICROWAVE OVEN MIN MINIMUM MISC MISCELLANEOUS MO MASONRY OPENING MR MOISTURE RESISTANT MTD MOUNTED MTL METAL MTR METER MUL MULLION (N)NEW NEC NATIONAL ELECTRIC CODE NIC NOT IN CONTACT NOM NOMINAL NTS NOT TO SCALE O.D. OUTSIDE DIAMETER OC ON CENTER OF OVERFLOW OFC OFFICE OPNG OPENING OPP OPPOSITE P PLANTER OR PLANTING AREA PART PARTITION PB POST BASE PC POST CAP PCC PORTLAND CEMENT CONCRETE PE PAD ELEVATION PEJ PLASTER EXPANSION JOINT PH PHONE PLAM LAMINATED PLASTIC PLAS PLASTER PLYWD PLYWOOD POC POINT OF CONNECTION POLY POLYETHYLENE PSF POUNDS PER SQUARE FOOT OR FEET PSI POUND PER SQUARE INCH PT PORCELAIN TILE PTN PARTITION PUE PUBLIC UTILITY EASEMENT QT QUARRY TILE QTY QUANTITY R RADIUS RB RUBBER BASE RD ROOF DRAIN RD/OF ROOF DRAIN AND OVERFLOW REDWD REDWOOD REF REFERENCE REFR REFRIGERATOR REFRIG REFRIGERATOR REINF REINFORCEMENT REQ REQUIRED RFF REFERENCE FINISH FLOOR RM ROOM RO ROUGH OPENING RT RESILIENT TILE S STORAGE SC SOLID CORE SCE SOUTHERN CALIFORNIA EDISON SCH SCHEDULE SEC SECTION SEC'Y SECRETARY SF SQUARE FOOT OR FEET SFM STATE FIRE MARSHALL SHT SHEET SIM SIMILAR SPEC SPECIFICATION SPECS SPECIFICATIONS SQ SQUARE SQ FT SQUARE FOOT OR FEET SS STAINLESS STEEL STA STATION STD STANDARD STO STORAGE STOR STORAGE STR'L STRUCTURAL STRUCT STRUCTURE STRUCT'L STRUCTURAL SUSP SUSPENDED T TOILET ROOM T&B TOP AND BOTTOM T&G TONGUE AND GROOVE T.O. TOP OF T.O.C. TOP OF CONCRETE T.O.F. TOP OF FRAMING T.O.P. TOP OF PARAPET T.O.R. TOP OF ROOF T.O.S. TOP OF STEEL T.O.W. TOP OF WALL T24 TITLE 24 CALIFORNIA CODE REQUIREMENTS TC TOP OF CURB OR CONCRETE TEL TELEPHONE TF TOP OF FOOTING TG TONGUE AND GROOVE THK THICK TNG TONGUE AND GROOVE TP TOP OF PAVEMENT TPD TOILET PAPER DISPENSER TR TOP OF ROOF TS TUBULAR STEEL TV TELEVISION TW TOP OF WALL TYP TYPICAL U/C UNDER COUNTER UBC UNIFORM BUILDING CODE UFC UNIFORM FIRE CODE UMC UNIFORM MECHANICAL CODE UNF UNFINISHED UNO UNLESS NOTED OTHERWISE UON UNLESS OTHERWISE NOTED UPC UNIFORM PLUMBING CODE UR URINAL V VINYL VCT VINYL COMPOSITION TILE W/ WITH W/O WITH OUT WC WATER CLOSET (TOILET) WD WOOD WH WATER HEATER WI WROUGHT IRON WP WEATHER PROOF XERIS XERISCAPING YD YARD A.C.T. ACOUSTICAL CEILING TILEA.T. ACOUSTICAL TILEA/C AIR CONDITIONERAB ANCHOR BOLTAC ASPHALTIC CONCRETEACOUST ACOUSTICALACP ASPHALTIC CONCRETE PAVINGAD AREA DRAINADA AMERICANS WITH DISABILITIES ACTADAAG AMERICANS WITH DISABILITIES ACT ACCESSIBILITY GUIDELINESADJ ADJUSTABLE/ADJACENTAFF ABOVE FINISH FLOORAGGR AGGREGATEALUM ALUMINUMAPPROXAPPROXIMATEARCH. ARCHITECTARCH'L ARCHITECTURALATC ACOUSTICAL TILE CEILINGB.O. BOTTOM OFB.O.B. BOTTOM OF BEAMB.O.H. BOTTOM OF HEADERB.O.S. BOTTOM OF STEELBCR BEGINNING CURB RETURNBD BOARDBFF BELOW FINISH FLOORBI BUILT-INBLDG BUILDINGBLK BLOCKBLKG BLOCKINGBM BEAM OR BENCHMARKBRZE BRONZEBSL BUILDING SETBACK LINE BTM BOTTOM BUR BUILT-UP ROOF C/C CENTER TO CENTER CA CALIFORNIA CAB CABINET CB CATCH BASIN (CIVIL) CB COLUMN BASE (STRUCTURAL & ARCHITECTURAL) CBC CALIFORNIA BUILDING CODE (UNIFORM BUILDING CODE WITH CALIFORNIA AMENDMENTS) CC COLUMN CAP CCR CALIFORNIA CODE OF REGULATIONS CD CEILING DIFFUSER CEC CALIFORNIA ENERGY COMMISSION CER CERAMIC CF CUBIC FOOT OR CUBIC FEET CFM CUBIC FEET PER MINUTE CFR CODE OF FEDERAL REGULATIONS CJ CONTROL JOINT CL CLOSET CLG CEILING CLKG CAULKING CLR CLEAR CMU CONCRETE MASONRY UNIT CO CLEAN OUT COL COLUMN CONC CONCRETE CONN CONNECTOR OR CONNECTION CONSTR CONSTRUCTION CONT CONTINUOUS CONTR CONTRACTOR CORR CORRIDOR CPT CARPET CRT MONITOR CT CERAMIC TILE CTV CABLE TELEVISION CU CUBIC CW COLD WATER D.O. DOOR OPENING DBL DOUBLE DEPT DEPARTMENT DET DETAIL DF DRINKING FOUNTAIN DIA DIAMETER DIM DIMENSION DISP DISPOSAL DN DOWN DR DOOR DRYWL DRYWALL DSA DIVISION OF THE STATE ARCHITECT DW DISHWASHER DWG DRAWING (E)EXISTING EA EACH EF EXHAUST FAN EJ EXPANSION JOINT EL ELEVATION ELEC ELECTRIC ELEC'L ELECTRICAL ELEV ELEVATOR EMERG EMERGENCY ENCL ENCLOSURE EP ELECTRICAL PANEL EQ EQUAL EQUIP EQUIPMENT EWC ELECTRIC WATER COOLER EXIST EXISTING EXP EXPOSED EXT EXTERIOR FAU FORCED AIR UNIT FD FLOOR DRAIN FE FIRE EXTINGUISHER FEC FIRE EXTINGUISHER CABINET FF FINISH FLOOR FIN FINISH FIX FIXED FIXT FIXTURE FL FLOW LINE FLR FLOOR FLUOR FLUORESCENT FOB FACE OF BLOCK FOC FACE OF CONCRETE OR FACE OF CURB FOS FACE OF STUD FOSH FACE OF SHEATHING FRP FIBER REINFORCED PLASTIC FS FINISH SURFACE FT FOOT, FEET FTG FOOTING GA GAUGE GAL GALLON GALV GALVANIZED GD GARBAGE DISPOSAL GFCI GROUND-FAULT CIRCUIT-INTERRUPTER GFI GROUND-FAULT CIRCUIT-INTERRUPTER GLB GLUE LAMINATED BEAM GPH GALLONS PER HOUR GPM GALLONS PER MINUTE GR GRADE GYP BD GYPSUM BOARD HB HOSE BIB HC HOLLOW CORE HD HOLD DOWN HDW HARDWARE HM HOLLOW METAL HMD HOLLOW METAL DOOR HMF HOLLOW METAL FRAME HMW HOLLOW METAL WINDOW HORIZ HORIZONTAL HT HEIGHT HTR HEATER HVAC HEATING, VENTILATION, & AIR CONDITIONING HW HOT WATER I.D. INSIDE DIAMETER ICBO INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS ID IDENTIFICATION INCAND INCANDESCENT INCL INCLUDED INSUL INSULATION INT INTERIOR INV INVERT JAN JANITOR JT JOINT KIT KITCHEN L.B. LAG BOLT LAM LAMINATE OR LAMINATED LAV LAVATORY LB POUND LT LIGHT LTG LIGHTING MAX MAXIMUM MC MEDICINE CABINET MECH MECHANICAL MFR MANUFACTURER MFR'S MANUFACTURER'S MGMT MANAGEMENT MGR MANAGER MH MANHOLE MICRO MICROWAVE OVEN MIN MINIMUM MISC MISCELLANEOUS MO MASONRY OPENING MR MOISTURE RESISTANT MTD MOUNTED MTL METAL MTR METER MUL MULLION (N)NEW NEC NATIONAL ELECTRIC CODE NIC NOT IN CONTACT NOM NOMINAL NTS NOT TO SCALE O.D. OUTSIDE DIAMETER OC ON CENTER OF OVERFLOW OFC OFFICE OPNG OPENING OPP OPPOSITE P PLANTER OR PLANTING AREA PART PARTITION PB POST BASE PC POST CAP PCC PORTLAND CEMENT CONCRETE PE PAD ELEVATION PEJ PLASTER EXPANSION JOINT PH PHONE PLAM LAMINATED PLASTIC PLAS PLASTER PLYWD PLYWOOD POC POINT OF CONNECTION POLY POLYETHYLENE PSF POUNDS PER SQUARE FOOT OR FEET PSI POUND PER SQUARE INCH PT PORCELAIN TILE PTN PARTITION PUE PUBLIC UTILITY EASEMENT QT QUARRY TILE QTY QUANTITY R RADIUS RB RUBBER BASE RD ROOF DRAIN RD/OF ROOF DRAIN AND OVERFLOW REDWD REDWOOD REF REFERENCE REFR REFRIGERATOR REFRIG REFRIGERATOR REINF REINFORCEMENT REQ REQUIRED RFF REFERENCE FINISH FLOOR RM ROOM RO ROUGH OPENING RT RESILIENT TILE S STORAGE SC SOLID CORE SCE SOUTHERN CALIFORNIA EDISON SCH SCHEDULE SEC SECTION SEC'Y SECRETARY SF SQUARE FOOT OR FEET SFM STATE FIRE MARSHALL SHT SHEET SIM SIMILAR SPEC SPECIFICATION SPECS SPECIFICATIONS SQ SQUARE SQ FT SQUARE FOOT OR FEET SS STAINLESS STEEL STA STATION STD STANDARD STO STORAGE STOR STORAGE STR'L STRUCTURAL STRUCT STRUCTURE STRUCT'L STRUCTURAL SUSP SUSPENDED T TOILET ROOM T&B TOP AND BOTTOM T&G TONGUE AND GROOVE T.O. TOP OF T.O.C. TOP OF CONCRETE T.O.F. TOP OF FRAMING T.O.P. TOP OF PARAPET T.O.R. TOP OF ROOF T.O.S. TOP OF STEEL T.O.W. TOP OF WALL T24 TITLE 24 CALIFORNIA CODE REQUIREMENTS TC TOP OF CURB OR CONCRETE TEL TELEPHONE TF TOP OF FOOTING TG TONGUE AND GROOVE THK THICK TNG TONGUE AND GROOVE TP TOP OF PAVEMENT TPD TOILET PAPER DISPENSER TR TOP OF ROOF TS TUBULAR STEEL TV TELEVISION TW TOP OF WALL TYP TYPICAL U/C UNDER COUNTER UBC UNIFORM BUILDING CODE UFC UNIFORM FIRE CODE UMC UNIFORM MECHANICAL CODE UNF UNFINISHED UNO UNLESS NOTED OTHERWISE UON UNLESS OTHERWISE NOTED UPC UNIFORM PLUMBING CODE UR URINAL V VINYL VCT VINYL COMPOSITION TILE W/ WITH PROJECT LOCATION ABBREVIATIONS GRAPHIC SYMBOLS GENERAL NOTES VICINITY MAP PROJECT DIRECTORY PALM DESERT MUNICIPAL CODEA GUEST HOUSE FOR MICHAEL & TREA REILLY 72240 UPPER WAY WEST PALM DESERT, CALIFORNIA 92260 APN# 628-130-007 OWNER / APPLICANT: MICHAEL & TREA REILLY 72240 UPPER WAY WEST PALM DESERT, CA 92260 PHONE: (206) 200-2024 DESIGNER / BUILDER: LEVEL 7 DESIGN & BUILD 1103 CELADON STREET PALM SPRINGS, CA 92262 CONTACT: JENNIFER SERRAINO PHONE: (661) 607-6527 EMAIL: jserraino@sbcglobal.net DESIGN CONSULTANT: SPP DESIGN 29590 LANDAU BLVD. #1 CATHEDRAL CITY, CA 92234 CONTACT: STEVEN PORTER PHONE: (760) 808-9487 EMAIL: sppdesign@gmail.com STRUCTURAL ENGINEER AMG STRUCTURAL ENGINEERS 117 WEST 9TH ST. SUITE 625 LOS ANGELES, CA 90015 PHONE: (323) 447-8122 EMAIL: adam@amgstructuralengineers.com NOTIFY DIG ALERT, A FREE PUBLIC SERVICE PROVIDED BY UNDERGROUND SERVICE ALERT OF SOUTHERN CALIFORNIA @ 811 PRIOR TO ANY EXCAVATION. 1. IF ANY ERRORS, DISCREPANCIES OR OMISSIONS APPEAR IN THE DRAWINGS, SPECIFICATIONS, OR OTHER CONTRACT DOCUMENTS, THE GENERAL CONTRACTOR SHALL NOTIFY THE DESIGNER IN WRITING OF SUCH ERROR OR OMISSION. IN THE EVENT THAT THE GENERAL CONTRACTOR FAILS TO GIVE SUCH NOTICE BEFORE CONSTRUCTION AND/OR FABRICATION OF THE WORK, THE GENERAL CONTRACTOR WILL BE HELD RESPONSIBLE TO THE RESULT OF ANY ERRORS, DISCREPANCIES OR OMISSIONS AND THE COST OF RECTIFYING THE SAME. 2. CONTRACTOR SHALL VERIFY ALL DIMENSIONS IN FIELD, PRIOR TO STARTING WORK. CONTRACTOR SHALL NOTIFY OWNER AND DESIGN TEAM IN WRITING OF ANY DISCREPANCIES. 3. BUILDING DIMENSIONS SHOWN ARE TO FACE OF STUD, FACE OF SHEATHING, OR CENTERLINE OF COLUMNOR WALL UNLESS OTHERWISE NOTED. 4. CONSTRUCTION SHALL NOT VIOLATE ANY SECTION OF APPLICABLE CODE OR STATE OR LOCAL ORDINANCES. 5. BRACING AND TEMPORARY SUPPORTS SHALL BE PROVIDED AS REQUIREDTO HOLD THE WORK SECURELY IN PLACE AND TO SUSTAIN ALL CONSTRUCTION LOADS. 6. CONTRACTOR SHALL ERECT BARRIERS AS NECESSARY TO PROTECT THE PUBLIC FROM CONSTRUCTION ACTIVITIES DURING THE CONSTRUCTION PERIOD. 7. THE GENERAL CONTRACTOR IS SOLELY RESPONSIBLE FOR COORDINATION AMONG HIS VARIOUS SUBCONTRACTORS. 8. CONTRACTOR SHALL VERIFY DIMENSIONS OF ALL EQUIPMENT WITH THE MANUFACTURERS. 9. INFREQUENT SITE VISITS BY THE DESIGNER IN NO WAY ALLEVIATES THE CONTRACTOR'S RESPONSIBILITY IN REGARDS TO CODE COMPLIANCE, SAFETY OR THOROUGHNESS. 10. THE OWNER AGREES TO HOLD HARMLESS, INDEMNIFY, AND DEFEND THE DESIGNER, HIS EMPLOYEES, AND ENGINEERSAGAINST ANY AND ALL LIABILITY, CLAIM DAMAGES AND COSTS OF DEFENSE ARISING OUT OF THE ERRORS OR OMISSIONS, OR NEGLIGENT ACTS CAUSED BY THE MODIFICATIONS TO THE PLANSAND SPECIFICATIONS. CS-1 COVER SHEET MM-1 MANDATORY MEASURES CHECKLIST T24-1 TITLE 24 ANALYSIS T24-2 TITLE 24 ANALYSIS 1 OF 3 PRECISE GRADING PLAN 2 OF 3 PRECISE GRADING PLAN 3 OF 3 PRECISE GRADING PLAN S0.1 GENERAL NOTES S0.2 GENERAL NOTES S1.0 TYPICAL DETAILS S1.1 TYPICAL DETAILS S1.2 TYPICAL DETAILS S1.3 TYPICAL DETAILS S2.0 FOUNDATION PLAN S2.1 ROOF FRAMING PLAN S3.0 ELEVATION @ LINE D S5.0 TYPICAL DETAILS A-100 SITE PLAN A-110 FLOOR PLAN A-120 ROOF PLAN A-130 EXTERIOR ELEVATIONS A-140 BUILDING SECTIONS A-150 DOOR & WINDOW SCHEDULES E-100 ELECTRICAL PLAN IR-1 IRRIGATION PLAN IR-2 IRRIGATION DETAILS P-1 PLANTING PLAN P-2 PLANTING DETAILS SHEET INDEX AREA TABULATIONS TOTAL LOT AREA = 220,553 SF (100%) EXISTING RESIDENCE & GARAGE = 2,873 SF (1.30%) EXISTING PAVEMENT = 2,067 SF (0.94%) PROPOSED GUEST HOUSE = 1,103 SF (0.50%) PROPOSED PAVEMENT = 2,550 SF (1.16%) PROPOSED TOTAL COVERAGE = 8,602 SF (3.90%) BUILDING TYPE: RESIDENTIAL BUILDING AREA: 1,103 SF (.50% PRIVATE) PROJECT BUILDING CODE DATA DEFERRED APPROVALS SEPERATE PERMIT REQUIRED FOR THE FOLLOWING ITEMS: 1. RESIDENTIAL FIRE SPRINKLERS SYSTEM 2. ROOFTOP SOLAR PANELS FEMA FLOOD DESIGNATION FLOOD ZONE: X PANEL: 060629C2209G REV. DATE: AUG. 28, 2008 ZONE DEFINITION: DETERMINED TO BE OUTSIDE 0.2% ANNUAL CHANCE OF FLOODING. A. Approved temporary sanitary facilities (i.e. chemical toilets shall be on the construction site prior to request for first inspection). (Health and Safety Code, Section 5416) B. Contractor and/or owner shall provide a trash bin to insure proper clean-up of all building materials. (Ordinance No. 262 of the Palm Desert Municipal Code) C. Storage of building materials or debris shall be confined to the lot for which the permit is issued. Adjacent vacant properties may not be utilized for this purpose unless written permission of the owner is on file with this office. The public right-of-wary shall be maintained in a clear condition at all times. (Palm Desert Municipal Code, Chapter 8.02) D. Address numerals shall comply with Palm Desert Ordinance No. 1351. You may request a copy of the Ordinance at the Building Department. E. CONSTRUCTION HOURS: OCTOBER 1 THRU APRIL 30 Monday-Friday 7:00 a.m. – 5:30 p.m. Saturday 8:00 a.m. – 5:00 p.m. Sunday NOT ALLOWED Government Holidays NOT ALLOWED MAY 1 THRU SEPTEMBER 30 Monday – Friday 5:30 a.m. – 7:00 p.m. Saturday 8:00 a.m. – 5:00 p.m. Sunday NOT ALLOWED Government Holidays NOT ALLOWED Violation of the above work hours is a citable offense under Palm Desert Municipal Code Section 9.24.070. F. School Tax Fees must be paid prior to the issuance of the building permit. G. The Traffic Uniform Mitigation Fees (TUMF) must be paid at the time of issuing the building permit. H. Block walls, trash enclosures, temporary power poles, pools, spas, site lighting, signage, awnings, etc. require separate permits. I. General contractors and/or owner-builders shall submit a completed Sub-Contractor’s list to the Building & Safety Department prior to requesting a final inspection per Palm Desert Ordinance No. 60. Absolutely no Sub-contractor’s lists will be accepted unless all required information is provided on the appropriate City of Palm Desert form. TYPE OF CONSTRUCTION: V-B OCCUPANCY GROUP: R-3/U NUMBER OF STORIES: 1 FIRE PROTECTION: FULLY FIRE SPRINKLERED BUILDING CODE: ALL CONSTRUCTION SHALL COMPLY WITH: 2019 CALIFORNIA RESIDENTIAL CODE 2019 CALIFORNIA BUILDING CODE 2019 CALIFORNIA MECHANICAL CODE 2019 CALIFORNIA PLUMBING CODE 2019 CALIFORNIA ELECTRICAL CODE 2019 CALIFORNIA ENERGY CODE 2019 CALIFORNIA GREEN BUILDING CODE 2019 CALIFORNIA FIRE CODE CITY OF PALM DESERT MUNICIPAL CODE N 301 P 1 SHEET TITLE DESCRIPTION PROJECT NO: LVL.002 COMMENCEMENT DATE: 2/23/2022 DRAWN BY: SPP CHK'D BY: GSY PUBLISHED DATE: 8/31/2022 MARK DATE MM-1 REVISIONS PLAN CHECK CORRECTIONS7/26/22 CITY APPROVAL STAMP 72240 UPPER WAY OWNER/APPLICANT :72240 UPPER WAYPALM DESERT, CA 92260 MICHAEL & TREA REILLY OCCUPANCY : PROJECT ADDRESS : SINGLE FAMILY AREA TABULATIONS: PROPOSED GUEST HOUSE:1,103 SQ.FT. TYPE V NON - RATED PALM DESERT, CA 92260 APN # 628-130-007 FEMA FLOOD DESIGNATION: PROJECT AREAS: TOTAL LOT AREA: 220,553.33 SF 100 % EXISTING RESIDENCE & GARAGE:2,873 +/- SF 1.30 EXISTING PAVEMENT: 2,067 +/- SF 0.94% PROPOSED CASITA: 1,103 +/- SF 0.50% PROPOSED PAVEMENT: 2,550 +/- SF 1.16% PROPOSED TOTAL COVERAGE: 8,602 +/- SF 3.90% BUILDING TYPE: RESIDENTIAL BUILDING AREA: 1,103 SF .50% PRIVATE RO D O L F O L I Z A R D E A Guest House Reilly Residence for 72-240 Upper Way Cover SheetC-1 GENERAL Precise Grading Plan1 of 3 Precise Grading Plan2 of 3 Floor PlanA2.0 Roof PlanA2.1 ElvetaionsA3.0 Cover Sheet - LandscapeCS-1 Irrigation PlanIR-1 Irrigation DetailsIR-2 Planting PlanP-1 Planting DetailsP-2 Precise Grading Plan3 of 3 C: \ U s e r s \ S P o r t e r \ D e s k t o p \ S P P De s i g n \ 2 0 2 2 \ L V L . 0 0 2 - Up p e r Wa y \ U p p e r Wa y MA S T E R . p l n 72240 UPPER WAY WEST PALM DESERT, CA 92260 MANDATORY MEASURES CHECKLIST GUEST HOUSE FOR MICHAEL & TREA REILLY STEVEN P. PORTER email: sppdesign@gmail.com PDESIGN 29590 Landau Blvd #1 Cathedral City, CA 92234 telephone: (760) 808-9487 S 1 Page 1 of 7 Chapter 3 – Additions and Alterations 301.1.1 • Applies to additions and alterations of residential buildings where the addition or alteration increases the building’s conditioned area, volume, or size. • Requirements only apply within the specific area of the addition or alteration. • Applies to additions and alterations of residential buildings where the addition or alteration increases the building’s conditioned area, volume, or size. • After January 1, 2014, all residential buildings undergoing permitted alterations, additions, or improvements shall replace non-compliant plumbing fixtures with water -conserving plumbing fixtures (Civil Code §1101.1). Section Scope Requirement Sheet # Comment Division 4.1 – Planning and Design (Site Development) 4.106.2 Storm W ater Drainage/ Retention (During Construction) Projects which disturb less than one acre of soil and are not part of a larger common plan of developm ent which in total dist urbs one acre or more, shall manage storm water drainage during const ruction. 4.106.3 Grading & Pav ing Site shall be planned and developed to keep surf ace water from entering buildings. Exceptions: Additions and alterations which do not alter the existing drainage path. Division 4.1 – Planning and Design (Electric Vehicle Charging Requirements) 4.106.4 New Construction • Comply with Section 4.106.4.1, 4.106.4.2, or 4.106.4.3 for future installation and use of EV chargers • Electric vehicle supply equipment (EVSE) shall be installed in accordance with the California Electrical Code, Article 625. Exceptions on a case by case basis as determined by the AHJ: 1. Where there is no commercial power supply. 2. Verification that meeting requirements will alter the local utility infrastructure design requirements on the utility side of the meter increasing the cost to the homeowner/developer by more than $400 per dwelling unit. 3. ADU 4.106.4.1 & 4.106.4.1.1 1 & 2 - Family Dwellings and Townhouses with Attached private garages. • Install a listed raceway to accommodate a dedicated 208/240- volt branch circuit for each dwelling unit. • Raceway shall not be less than trade size 1 (nominal 1-inch inside diameter). • Raceway shall originate at the main service or subpanel and terminate into a listed cabinet, box, or other enclosure in close proximity to the proposed location of an EV charger. • Raceways are required to be continuous at enclosed, inaccessible or concealed areas and spaces. • Service panel and/or subpanel shall provide capacity to install a 40A minimum dedicated branch circuit and space(s) reserved to permit installation of a branch circuit overcurrent protective device. Service panel or subpanel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging as “EV CAPABLE.” The raceway termination location shall be permanently and visibly marked as “EV CAPABLE.” CITY OF PALM DESERT Building & Safety Department 73-510 Fred Waring, Palm Desert, CA (760) 776-6420 RESIDENTIAL MANDATORY MEASURES CHECKLIST 2019 Sheet=Sheet No or N/A Applies to ALL newly constructed residential buildings: low-rise, high-rise, and hotels/motels Comment=Note# or Detail# Page 2 of 7 Section Scope Requirement Sheet # Comment Division 4.1 – Planning and Design (Electric Vehicle Charging Requirements – Cont’d) 4.106.4.2 EV Charging Multi-Family Dwellings If residential parking is available, ten (10) percent of the total number of parking spaces on a building site, provided for all types of parking facilities, shall be electric vehicle charging spaces (EV spaces) capable of supporting future EVSE Calculations for the required number of EV spaces shall be rounded up to the nearest whole number. Note: Construction documents are intended to demonstrate the project’s capability and capacity for facilitating future EV charging. There is no requirement for EV spaces to be constructed or available until EV chargers are installed for use. 4.106.4.2.1 EV Charging Space (Locations) • Construction documents shall indicate the location of proposed EV spaces. At least 1 EV space shall be located in common use areas and available for use by all residents. • When EV chargers are installed, EV spaces required by Section 4.106.4.2.2, Item 3, shall comply with at least 1 of the following options: 1. The EV space shall be located adjacent to an accessible parking space meeting the requirements of California Building Code, Chapter 11A, to allow use of the EV charger from the accessible parking space. 2. The EV space shall be located on an accessible route to the building, as defined in the California Building Code, Chapter 2. 4.106.4.2.2 EV Charging Space (Dimensions) • EV spaces shall be designed to comply with the following: 1. The minimum length of each EV space shall be 18 feet. 2. The minimum width of each EV space shall be 9 feet. 3. One in every 25 EV spaces, but not less than 1, shall also have an 8- foot wide minimum aisle. A 5-foot minimum aisle shal l be permitted provided the minimum width of the EV space is 12 feet. a) Surface slope for this EV space and aisle shall not exceed 1 unit vertical in 48 units horizontal (2.083% slope) in any direction. 4.106.4.2.3 Single EV Space (Required) • Install listed raceway capable of accommodating a 208/240-volt dedicated branch circuit. 1. The raceway shall not be less than trade size 1 (nominal 1-inch inside diameter). 2. The raceway shall originate at the main service or subpanel and shall terminate into a listed cabinet, box or enclosure in close proximity to the proposed location of the EV space. 3. Construction documents shall identify the raceway termination point. 4. The service panel and/or subpanel shall provide capacity to install a 40A minimum branch circuit and space(s) reserved to permit installation of a branch circuit overcurrent protective device. 4.106.4.2.4 Multiple EV Spaces Req’d • Construction documents shall indicate raceway termination point and proposed location of future EV spaces and EV chargers. Construction documents shall also provide information on amperage of future EVSE, raceway method(s), wiring schematics (SLD) and load calculations to verify electrical panel service capacity and electrical system, including any on-site distribution transformer(s), have sufficient capacity to simultaneously charge all EVs at all required EV spaces at full rated amperage of ESVE. • Plan design shall be based upon a 40A minimum branch circuit. Raceways and related components planned to be installed underground, enclosed, inaccessible or in concealed areas and spaces shall be installed at the time of original construction Page 3 of 7 Section Scope Requirement Sheet # Comment 4.106.4.2.5 Identification The service panel or subpanel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging purposes as “EV CAPABLE” in accordance with the California Electrical Code. Notes: 1. The California Department of Transportation adopts and publishes the “California Manual on Uniform Traffic Control Devices (California MUTCD)” to provide uniform standards and specifications for all official traffic control devices in California. Zero Emission Vehicle Signs and Pavement Markings can be found in the New Policies & Directives Number 12-01. Website: http://www.dot.ca.gov/hq/traffops/policy/13-01.pdf 2. See Vehicle Code Secti on 22511 for EV charging space signage in off-parking facilities and for use of EV charging spaces. 3. The Governor’s Office of Planning and Research (OPR) published a “Zero Emission Vehicle Community Readiness Guidebook” which provides helpful information for local governments, residents and businesses. Website: http://opr.ca.gov/docs/ZEV_Guidebook.pdf Division 4.2 – Energy Efficiency 4.201.1 & 5.201.1 Scope • Energy efficiency requirements for low-rise residential (Section 4.201.1) and high-rise residential/hotels/motels (Section 5.201.1) are now in both residential and nonresidential chapters of CALGreen. • Standards for residential buildings do not require compliance with levels of minimum energy efficiency beyond those required by the 2016 California Energy Code. Division 4.3 – Water Efficiency and Conservation (Indoor Use) 4.303.1 Water Conserving Plumbing Fixtures/Fittings Plumbing fixtures and fittings shall comply with the following: 4.303.1.1 - Water Closets: ≤ 1.28 gal/flush 4.303.1.2 Wall Mounted Urinals: ≤ 0.125 gal/flush; all other urinals ≤ 0.5 gal/flush 4.303.1.3.1 - Single Showerheads: ≤ 2.0 gpm @ 80 psi 4.303.1.3.2 Multiple Showerheads: combined flow rate of all showerheads controlled by a single valve shall not exceed 2.0 gpm @ 80 psi, or only one shower outlet is to be in operation at a time 4.303.1.4.1 Residential Lavatory Faucets: Maximum Flow Rate ≤ 1.2 gpm @ 60 psi; Minimum Flow Rate ≥ 0.8 gpm @ 20 psi 4.303.1.4.2 Lavatory Faucets in Common and Public Use Areas of Residential Buildings: ≤ 0.5 gpm @ 60 psi 4.303.1.4.3 - Metering Faucets: ≤ 0.25 gallons per cycle 4.303.1.4.4 Kitchen Faucets: ≤ 1.8 gpm @ 60 psi; temporary increase to 2.2 gpm allowed but shall default to 1.8 gpm 4.303.1 Standards for Plumbing Fixtures/Fittings Plumbing fixtures and fittings shall be installed in accordance with the California Plumbing Code, and shall meet applicable standards referenced in Table 1701.1 of the California Plumbing Code Division 4.3 – Water Efficiency and Conservation (Outdoor Use) 4.304.1 Outdoor Potable water Use in Landscaped Areas After December 1, 2015, new residential developments with an aggregate landscape area equal to or greater than 500 square feet shall comply with one of the following: 1. A local water efficient landscape ordinance or the current California Department of Water Resources’ Model Water Efficient Landscape Ordinance (MWELO), whichever is more stringent, or 2. Projects with aggregate landscape areas less than 2500 square feet may comply with the MWELO’s Appendix D Prescriptive Compliance Option. Page 4 of 7 Section Scope Requirements Sheet # Comment Division 4.4 – Material Conservation & Resource Efficiency 4.406.1 Rodent Proofing Annular spaces around pipes, electric cables, conduits or other openings in sole/bottom plates at exterior walls shall be closed with cement mortar, concrete masonry or a similar method acceptable to the enforcing agency to prevent passage of rodents. 4.408.1 Construction Waste Reduction • Recycle and/or salvage for reuse a minimum of 65% of the nonhazardous construction and demolition waste in accordance with either Section 4.408.2, 4.408.3 or 4.408.4; OR meet a more stringent local construction and demolition waste management ordinance. • Documentation is required per Section 4.408.5. Exceptions: 1. Excavated soil and land-clearing debris. 2. Alternative waste reduction methods developed by working with local enforcing agencies if diversion or recycle facilities capable of compliance with this item do not exist or are not located reasonably close to the jobsite. 3. The enforcing agency may make exceptions to the requirements of this section when isolated jobsites are located in areas beyond the haul boundaries of the diversion facility. 4.408.2 Construction W as te Management Plan Submit a construction waste management plan meeting Items 1 through 5 in Section 4.408.2. Plans shall be updated as necessary and shall be available for examination during construction. 4.408.3 W aste Managem ent Com pany Utilize a waste m anagemen t c ompany, approved by the enf orcing agency, which can provide ver ifiab le docum entation that the perc entage of cons truction and demolition waste material diverted from the landfill complies with Sec tion 4.408.1. 4.408.4 & 4.408.4.1 W aste stream Reduction Alternative • Low-rise residential projects that generate a total combined weight of construction and demolition waste disposed in landfills, which do not exceed 3.4 pounds per square foot of the building area, shall meet the minimum 65% construction waste reduction requirement in Section 4.408.1. • Projects that generate a total combined weight of construction and demolition waste disposed in landfills, which do not exceed 2 pounds per square foot of the building area, shall meet the minimum 65% construction waste reduction requirement in Section 4.408.1. 4.408.5 Docum entation Docum entation shall be provided to the enforcing agency which demonstrates compliance with Section 4.408.2, Items 1 through 5, Section 4.408.3 or Section 4.408.4. Division 4.4 – Building Maintenance & Operation 4.410.1 Operations & Maintenance Manual At the time of final inspection, a manual, compact disc, web-based reference or other media acceptable to the enforcing agency which covers 10 specific subject areas shall be placed in the building. 4.410.2 Recycling by Occupants Where 5 or more multifamily dwelling units are constructed on a building site, provide readily accessible area(s) that serves all buildings on the site and is identified for the depositing, storage and collection of non-hazardous materials for recycling, including (at minimum) paper, corrugated cardboard, glass, plastics, organic waste, and metals or meet a lawfully enacted local recycling ordinance, if more restrictive. Exception: Rural jurisdictions that meet and apply for the exemption in Public Resources Code Section 42649.82 (a)(2)(A) et. seq. are not required to comply with the organic waste portion of this section. Page 5 of 7 Section Scope Requirements Sheet # Comment Division 4.5 – Environmental Quality (Fireplaces) 4.503.1 General Any installed gas fireplace shall be a direct-vent sealed-combustion type. Any installed woodstove or pellet stove shall comply with U.S. EPA New Source Performance Standards (NSPS) emission limits as applicable, and shall have a permanent label indicating they are certified to meet the emission limits. Woodstoves, pellet stoves and fireplaces shall also comply with all applicable local ordinances. Division 4.5 – Environmental Quality (Pollutant Control) 4.504.1 Protection During Construction At the time of rough installation, during storage on the construction site and until final startup of the heating, cooling and ventilating equipment, all duct and other related air intake and distribution component openings shall be covered. Tape, plastic, sheet metal or other methods acceptable to the enforcing agency to reduce the amount of water, dust and debris entering the system may be used. 4.504.2.1 Adhesives, Sealant s and Caulks Adhesives, sealants and caulks used on the project shall meet the requirem ents of the following st andards unless more stringent local or regional air pollution or air quality managem ent district rules appl y: 1. Adhesives, adhesives bonding prim ers, adhesive primers, sealants, sealant prim ers, and caulks shall comply with local or reg ional air pollution control or air quality managem ent dist rict rules where applicable, or SCAQMD Rule 1168 VOC limits, as shown i n Tables 4.504.1 or 4.504.2 as applicable. Such products shall also comply with Rule 1168 prohibition on the use of certain toxic components (chloroform , ethylene, dichloride, m ethylene chloride, per chloroethylene, and trichloroethylene), except for aero sol products as specified in subsection 2 below. 2. Aerosol adhesives , and smaller unit sizes of adhesives, and sealant or caulking compounds (in units of product, less packaging, which do not weigh m or e than one pound and do not consist of more than 16 fluid ounces) shall com ply statewide VOC standards and other requirem ents, including prohibitions on use of certain toxic compounds, of California Code of Regulations, Title 17, comm en cing with Section 94507. 4.504.2.2 Paints and Coatings Architectural paints and coatings shall comply with VOC lim its in Table 1 of the ARB Architectural Suggested Control Measures as shown in Table 4.504.3 unless the more stringent local limits apply. The VOC content limit for coatings that do not m eet the definitions for the spec ialty coatings categories listed in Table 4.504.3 shall be determined by classifying the coating as Fl at, Nonflat , or Nonflat-High Gloss coating, based on its gloss as defined in subsections 4.21, 4.36, and 4.37 of the 2007 California Air Resources Board, Suggested Control Measure, and the corresponding Fl at, Nonflat, or Nonflat-High Gloss VOC limit in 4.504.3 shall com ply. 4.504.2.3 Aerosol Paints and Coatings Aerosol paints and coatings shall meet the Product-Weighted MIR Limits for ROC in Section 94522(a)(2) and other requirements, including prohibitions on use of certain toxic compounds and ozone depleting substances, in Section 94522(e)(1) and (f)(1) of the CCR, Title 17, commencing with Section 94520; and in areas under the jurisdiction of the Bay Area Air Quality Management District shall additionally comply with the percent VOC by weight of product limits of Regulation 8, Rule 49. 4.504.3 Carpet Systems Carpet installed in the building interior shall meet the testing and product requirements of 1 of the following: 1. Carpet and Rug Institute’s Green Label Plus Program 2. California Department of Public Health, “Standard Method for the Testing and Evaluation of Volatile Organic Chemical Emissions from Indoor Sources Using Environmental Chambers,” Version 1.1, February 2010 (also known as Specification 01350) 3. NSF/ANSI 140 at the Gold level 4. Scientific Certifications Systems Indoor Advantage™ Gold. Division 4.5 – Environmental Quality (Pollutant Control) 4.504.3.1 Carpet Cushion All c arpet cushion installed in the building interior shall meet the requirements of the Carpet an d Rug Institute Green Label Progr am . Page 6 of 7 Section Scope Requirements Sheet # Comment Division 4.5 – Environmental Quality (Pollutant Control) – Cont’d 4.504.3.2 Carpet Adhesive All carpet adhesives shall m eet the requirem ent s of Table 4.504.1. 4.504.4 Resilient Flooring Systems Where resilient flooring is installed, at least 80% of floor area receiving resilient flooring shall comply with one or more of the following: 1. Products compliant with the California Department of Public Health, “Standard Method for the Testing and Evaluation of Volatile Organic Chemical Emissions from Indoor Sources Using Environmental Chambers,” Version 1.1, February 2010 (also known as Specification 01350), certified as a CHPS Low-Emitting Material in the Collaborative for High Performance Schools (CHPS) High Performance Products Database. 2. Products certified under UL GREENGUARD Gold (formerly the Greenguard Children & Schools Program) 3. Certification under the Resilient Floor Covering Institute (RFCI) FloorScore program 4. Meet the California Department of Public Health, “Standard Method for the Testing and Evaluation of Volatile Organic Chemical Emissions from Indoor Sourc es Using Environmental Chambers,” Version 1.1, February 2010 (also known as Specification 01350) 4.504.5 Composite W ood Products • Hardwood plywood, particleboard and medium density fiberboard composite wood products used on the interior or exterior of the building shall meet the requirements for formaldehyde as specified in the Air Resources Board’s Air Toxics Control Measure for Composite Wood (17 CCR 93120 et. seq.), as shown in Table 4.504.5. Documentation is required per Section 4.504.5.1. • Definition of Composite Wood Products: Composite wood products include hardwood plywood, particleboard, and medium density fiberboard. “Composite wood products” do not include hardboard, structural plywood, structural panels, structural composite lumber, oriented strand board, glued laminated timber, prefabricated wood I- joists, or finger-joined lumber, all as specified in CCR, Title 17, Section 93120.1(a). 4.504.5.1 Documentation Verification of compliance shall be provided as requested by the enforcing agency, and as required in Section 4.504.5.1. Division 4.5 – Environmental Quality (Interior Moisture Control) 4.505.2 Concrete Slab Foundations Concrete slab foundations or concrete slab-on-ground floors required to have a vapor retarder by the California Building Code, Chapter 19, or the California Residential Code, Chapter 5, respectively, shall also comply with this section. 4.505.2.1 Capillar y Break A capillary break shall be installed in compliance with at least 1 of the following: 1. A 4-inch thick base of 1/2-inch or larger clean aggregate shall be provided with a vapor retarder in direct contact with concreate and a concrete mix design which will address bleeding, shrinkage and curling shall be used. For additional information, see American Concrete Institute, ACI 302.2R-06. 2. Other equivalent methods approved by the enforcing agency. 3. A slab design specified by a licensed design professional. 4.505.3 Moisture Content of Building Mater ials Building materials with visible signs of water damage shall not be installed. Wall and floor framing shall not be enclosed when the framing members exceed 19% moisture content. Moisture content shall be verified in compliance with the following: 1. Moisture content shall be determined with either a probe-type or a contact-type moisture meter. Equivalent moisture verification methods may be approved by the enforcing agency and shall satisfy requirements in Section 101.8. 2. Moisture readings shall be taken at a point 2 feet to 4 feet from the grade-stamped end of each piece to be verifi ed. 3. At least 3 random moisture readings shall be performed on wall and floor framing with documentation acceptable to the enforcing agency provided at the time of approval to enclose the wall and floor framing. Insulation products which are visibly wet or have a high moisture content shall be replaced or allowed to dry prior to enclosure in wall or floor cavities. Manufacturers’ drying recommendations shall be followed for wet-applied insulation products prior to enclosure. Page 7 of 7 Section Scope Requirements Sheet # Comment Division 4.5 – Environmental Quality (Indoor Air Quality & Exhaust) 4.506.1 Bathroom Exhaust Fans Each bathroom shall be mechanically ventilated and shall comply with the following: 1. Fans shall be ENERGY STAR compliant and be ducted to terminate outside the building. 2. Unless functioning as a component of a whole house ventilation system, fans must be controlled by a humidity control. a) Humidity controls shall be capable of manual or automatic adjustment between a relative humidity range of less than 50% to a maximum of 80%. b) A humidity control may be a separate component to the exhaust fan and is not required to be integral or built-in. Note: For CALGreen a “bathroom” is a room which contains a bathtub, shower, or tub/shower combination. Fans or mechanical ventilation is required in each bathroom. Division 4.5 – Environmental Quality (Environmental Comfort) 4.507.2 Heating and Air Conditioning System Design Heating and air conditioning systems shall be sized, designed, and equipment selected using the following methods: 1. The heat loss and heat gain is established according to ANSI/ACCA 2 Manual J – 2011 (Residential Load Calculation), ASHRAE handbooks or other equivalent design software or methods. 2. Duct systems are sized according to ANSI/ACCA 1 Manual D – 2014 (Residential Duct Systems), ASHRAE handbooks or other equivalent design software or methods. 3. Select heating and cooling equipment according to ANSI/ACCA 3 Manual S – 2014 (Residential Equipment Selection) or other equivalent design software or methods. Exception: Use of alternate design temperatures necessary to ensure the systems functions are acceptable. Chapter 7 – Installer & Special Inspector Qualifications 702.1 Installer Training HVAC system installers shall be trained and cer tifi ed. Examples of acceptable HVAC training and certification programs include but are not limited to the following: 1. State certified apprenticeship program s. 2. Public utility training progr ams. 3. Training programs sponsored by trade, labor or statewide energy consulting or verification organizations. 4. Progr ams sponsored by manufacturing or ganizations. 5. Other progr ams acceptable to the enforcing agency. 702.2 Special Inspection Special inspectors must be qualified and able to demonstrate competence to the enforcing agency in the discipline in which they are inspecting. 703.1 Documentation Documentation of compliance shall include, but is not limited to, construction documents, plans, specifications, builder or installer certification, inspection reports, or other methods acceptable to the local enforcing agency. Other specific documentation or special inspections necessary to verify compliance are specified in appropriate sections of CALGreen. 302 P 1 SHEET TITLE DESCRIPTION PROJECT NO: LVL.002 COMMENCEMENT DATE: 2/23/2022 DRAWN BY: SPP CHK'D BY: GSY PUBLISHED DATE: 8/31/2022 MARK DATE T24-1 REVISIONS PLAN CHECK CORRECTIONS7/26/22 CITY APPROVAL STAMP 72240 UPPER WAY OWNER/APPLICANT :72240 UPPER WAYPALM DESERT, CA 92260 MICHAEL & TREA REILLY OCCUPANCY : PROJECT ADDRESS : SINGLE FAMILY AREA TABULATIONS: PROPOSED GUEST HOUSE:1,103 SQ.FT. TYPE V NON - RATED PALM DESERT, CA 92260 APN # 628-130-007 FEMA FLOOD DESIGNATION: PROJECT AREAS: TOTAL LOT AREA: 220,553.33 SF 100 % EXISTING RESIDENCE & GARAGE:2,873 +/- SF 1.30 EXISTING PAVEMENT: 2,067 +/- SF 0.94% PROPOSED CASITA: 1,103 +/- SF 0.50% PROPOSED PAVEMENT: 2,550 +/- SF 1.16% PROPOSED TOTAL COVERAGE: 8,602 +/- SF 3.90% BUILDING TYPE: RESIDENTIAL BUILDING AREA: 1,103 SF .50% PRIVATE RO D O L F O L I Z A R D E A Guest House Reilly Residence for 72-240 Upper Way Cover SheetC-1 GENERAL Precise Grading Plan1 of 3 Precise Grading Plan2 of 3 Floor PlanA2.0 Roof PlanA2.1 ElvetaionsA3.0 Cover Sheet - LandscapeCS-1 Irrigation PlanIR-1 Irrigation DetailsIR-2 Planting PlanP-1 Planting DetailsP-2 Precise Grading Plan3 of 3 C: \ U s e r s \ S P o r t e r \ D e s k t o p \ S P P De s i g n \ 2 0 2 2 \ L V L . 0 0 2 - Up p e r Wa y \ U p p e r Wa y MA S T E R . p l n 72240 UPPER WAY WEST PALM DESERT, CA 92260 TITLE 24 ANALYSIS GUEST HOUSE FOR MICHAEL & TREA REILLY STEVEN P. PORTER email: sppdesign@gmail.com PDESIGN 29590 Landau Blvd #1 Cathedral City, CA 92234 telephone: (760) 808-9487 S 1 CERTIFICATE OF COMPLIANCE CF1R-PRF-01E Project Name:22-903 72240 Upper Way ADU Calculation Date/Time:2022-08-30T16:49:33-07:00 (Page 1 of 12) Calculation Description:Title 24 Analysis Input File Name:22-903 72240 Upper Way.ribd19x Registration Number:Registration Date/Time: HERS Provider: CA Building Energy Efficiency Standards - 2019 Residential Compliance Report Version: 2019.2.000 Schema Version: rev 20200901 Report Generated: 2022-08-30 16:50:27 GENERAL INFORMATION 01 Project Name 22-903 72240 Upper Way ADU 02 Run Title Title 24 Analysis 03 Project Location 72240 Upper Way West 04 City Palm Desert 05 Standards Version 2019 06 Zip code 92260 07 Software Version EnergyPro 8.3 08 Climate Zone 15 09 Front Orientation (deg/ Cardinal)60 10 Building Type Single family 11 Number of Dwelling Units 1 12 Project Scope NewConstruction 13 Number of Bedrooms 2 14 Addition Cond. Floor Area (ft 2)0 15 Number of Stories 1 16 Existing Cond. Floor Area (ft 2)n/a 17 Fenestration Average U-factor 0.29 18 Total Cond. Floor Area (ft 2)1236 19 Glazing Percentage (%)63.64% 20 ADU Bedroom Count n/a 21 ADU Conditioned Floor Area n/a 22 Is Natural Gas Available?Yes COMPLIANCE RESULTS 01 Building Complies with Computer Performance 02 This building incorporates features that require field testing and/or verification by a certified HERS rater under the supervision of a CEC-approved HERS provider. 03 This building incorporates one or more Special Features shown below 222-P010172037A-000-000-0000000-0000 2022-08-31 11:51:23 CalCERTS inc. CERTIFICATE OF COMPLIANCE CF1R-PRF-01E Project Name:22-903 72240 Upper Way ADU Calculation Date/Time:2022-08-30T16:49:33-07:00 (Page 2 of 12) Calculation Description:Title 24 Analysis Input File Name:22-903 72240 Upper Way.ribd19x Registration Number:Registration Date/Time: HERS Provider: CA Building Energy Efficiency Standards - 2019 Residential Compliance Report Version: 2019.2.000 Schema Version: rev 20200901 Report Generated: 2022-08-30 16:50:27 ENERGY DESIGN RATING Energy Design Ratings Compliance Margins Efficiency¹ (EDR)Total² (EDR)Efficiency¹ (EDR)Total² (EDR) Standard Design 50.7 23.7 Proposed Design 50.5 23.3 0.2 0.4 RESULT:3:COMPLIES 1: Efficiency EDR includes improvements to the building envelope and more efficient equipment 2: Total EDR includes efficiency and demand response measures such as photovoltaic (PV) systems and batteries 3: Building complies when efficiency and total compliance margins are greater than or equal to zero •Standard Design PV Capacity: 3.85 kWdc •PV System resized to 3.85 kWdc (a factor of 3.851) to achieve 'Standard Design PV' PV scaling ENERGY USE SUMMARY Energy Use (kTDV/ft 2-yr)Standard Design Proposed Design Compliance Margin Percent Improvement Space Heating 1.95 3.42 -1.47 -75.4 Space Cooling 120.46 121.45 -0.99 -0.8 IAQ Ventilation 3.87 1.52 2.35 60.7 Water Heating 13.5 12.33 1.17 8.7 Self Utilization/Flexibility Credit n/a 0 0 n/a Compliance Energy Total 139.78 138.72 1.06 0.8 REQUIRED PV SYSTEMS - SIMPLIFIED 01 02 03 04 05 06 07 08 09 10 11 12 DC System Size (kWdc)Exception Module Type Array Type Power Electronics CFI Azimuth (deg) Tilt Input Array Angle (deg) Tilt: (x in 12) Inverter Eff. (%) Annual Solar Access (%) 3.85 NA Standard Fixed none true 150-270 n/a n/a <=7:12 96 98 222-P010172037A-000-000-0000000-0000 2022-08-31 11:51:23 CalCERTS inc. CERTIFICATE OF COMPLIANCE CF1R-PRF-01E Project Name:22-903 72240 Upper Way ADU Calculation Date/Time:2022-08-30T16:49:33-07:00 (Page 3 of 12) Calculation Description:Title 24 Analysis Input File Name:22-903 72240 Upper Way.ribd19x Registration Number:Registration Date/Time: HERS Provider: CA Building Energy Efficiency Standards - 2019 Residential Compliance Report Version: 2019.2.000 Schema Version: rev 20200901 Report Generated: 2022-08-30 16:50:27 REQUIRED SPECIAL FEATURES The following are features that must be installed as condition for meeting the modeled energy performance for this computer analysis. •IAQ Ventilation System: as low as 0.137931 W/CFM •Window overhangs and/or fins •Non-standard duct location (any location other than attic) HERS FEATURE SUMMARY The following is a summary of the features that must be field-verified by a certified HERS Rater as a condition for meeting the modeled energy performance for this computer analysis. Additional detail is provided in the buildng tables below. Registered CF2Rs and CF3Rs are required to be completed in the HERS Registry Building-level Verifications: •Quality insulation installation (QII) •Indoor air quality ventilation •Kitchen range hood Cooling System Verifications: •Minimum Airflow •Verified EER •Verified SEER •Verified Refrigerant Charge •Fan Efficacy Watts/CFM Heating System Verifications: •Verified HSPF •Verified heat pump rated heating capacity HVAC Distribution System Verifications: •Duct leakage testing •Ducts located entirely in conditioned space confirmed by duct leakage testing Domestic Hot Water System Verifications: •-- None -- BUILDING - FEATURES INFORMATION 01 02 03 04 05 06 07 Project Name Conditioned Floor Area (ft 2)Number of Dwelling Units Number of Bedrooms Number of Zones Number of Ventilation Cooling Systems Number of Water Heating Systems 22-903 72240 Upper Way ADU 1236 1 2 1 0 1 222-P010172037A-000-000-0000000-0000 2022-08-31 11:51:23 CalCERTS inc. CERTIFICATE OF COMPLIANCE CF1R-PRF-01E Project Name:22-903 72240 Upper Way ADU Calculation Date/Time:2022-08-30T16:49:33-07:00 (Page 4 of 12) Calculation Description:Title 24 Analysis Input File Name:22-903 72240 Upper Way.ribd19x Registration Number:Registration Date/Time: HERS Provider: CA Building Energy Efficiency Standards - 2019 Residential Compliance Report Version: 2019.2.000 Schema Version: rev 20200901 Report Generated: 2022-08-30 16:50:27 ZONE INFORMATION 01 02 03 04 05 06 07 Zone Name Zone Type HVAC System Name Zone Floor Area (ft 2)Avg. Ceiling Height Water Heating System 1 Water Heating System 2 1st Floor Zone Conditioned Split System1 1236 10 DHW Sys 1 N/A OPAQUE SURFACES 01 02 03 04 05 06 07 08 Name Zone Construction Azimuth Orientation Gross Area (ft 2)Window and Door Area (ft2) Tilt (deg) Exterior Wall N 1st Floor Zone R-21 Wall 60 Front 406 97.9784 90 Exterior Wall E 1st Floor Zone R-21 Wall 150 Left 322 254.086 90 Exterior Wall NE 1st Floor Zone R-21 Wall 90 n/a 220 123.998 90 Exterior Wall SE 1st Floor Zone R-21 Wall 180 n/a 158 61.0186 90 Exterior Wall S 1st Floor Zone R-21 Wall 240 Back 535 96.99 90 Exterior Wall W 1st Floor Zone R-21 Wall 330 Right 564 152.485 90 OPAQUE SURFACES - CATHEDRAL CEILINGS 01 02 03 04 05 06 07 08 09 10 11 Name Zone Construction Azimuth Orientation Area (ft 2) Skylight Area (ft2) Roof Rise (x in 12) Roof Reflectance Roof Emittance Cool Roof Roof 1st Floor Zone R-38 Roof Cathedral 150 Left 1236 0 2.5 0.1 0.85 No FENESTRATION / GLAZING 01 02 03 04 05 06 07 08 09 10 11 12 13 14 Name Type Surface Orientation Azimuth Width (ft) Height (ft)Mult.Area (ft2)U-factor U-factor Source SHGC SHGC Sourc e Exterior Shading Window Window Exterior Wall N Front 60 2.33 13.5 1 31.99 0.29 NFRC 0.22 NFRC Bug Screen Window 2 Window Exterior Wall N Front 60 7.5 2.25 1 16.99 0.29 NFRC 0.22 NFRC Bug Screen 222-P010172037A-000-000-0000000-0000 2022-08-31 11:51:23 CalCERTS inc. CERTIFICATE OF COMPLIANCE CF1R-PRF-01E Project Name:22-903 72240 Upper Way ADU Calculation Date/Time:2022-08-30T16:49:33-07:00 (Page 5 of 12) Calculation Description:Title 24 Analysis Input File Name:22-903 72240 Upper Way.ribd19x Registration Number:Registration Date/Time: HERS Provider: CA Building Energy Efficiency Standards - 2019 Residential Compliance Report Version: 2019.2.000 Schema Version: rev 20200901 Report Generated: 2022-08-30 16:50:27 FENESTRATION / GLAZING 01 02 03 04 05 06 07 08 09 10 11 12 13 14 Name Type Surface Orientation Azimuth Width (ft) Height (ft)Mult.Area (ft2)U-factor U-factor Source SHGC SHGC Sourc e Exterior Shading Window 3 Window Exterior Wall N Front 60 7.5 2.5 1 18.99 0.29 NFRC 0.22 NFRC Bug Screen Window 4 Window Exterior Wall N Front 60 6.2 2.25 1 14.01 0.29 NFRC 0.22 NFRC Bug Screen Window 5 Window Exterior Wall N Front 60 6.2 2.5 1 16 0.29 NFRC 0.22 NFRC Bug Screen Window 6 Window Exterior Wall E Left 150 2.2 13.5 0 28.01 0.29 NFRC 0.22 NFRC Bug Screen Window 7 Window Exterior Wall E Left 150 13.5 8 1 110.0 5 0.29 NFRC 0.22 NFRC Bug Screen Window 8 Window Exterior Wall E Left 150 9.3 4.3 1 39.99 0.29 NFRC 0.22 NFRC Bug Screen Window 9 Window Exterior Wall E Left 150 9.3 8 1 76.04 0.29 NFRC 0.22 NFRC Bug Screen Window 10 Window Exterior Wall NE 90 8 2 0 12 0.29 NFRC 0.22 NFRC Bug Screen Window 11 Window Exterior Wall NE 90 8 8.2 0 61.01 0.29 NFRC 0.22 NFRC Bug Screen Window 12 Window Exterior Wall NE 90 5 3.4 0 14.01 0.29 NFRC 0.22 NFRC Bug Screen Window 13 Window Exterior Wall NE 90 5 8.2 0 36.98 0.29 NFRC 0.22 NFRC Bug Screen Window 14 Window Exterior Wall SE 180 8.4 3.8 0 27 0.29 NFRC 0.22 NFRC Bug Screen Window 15 Window Exterior Wall SE 180 2 11.5 0 16.01 0.29 NFRC 0.22 NFRC Bug Screen Window 16 Window Exterior Wall SE 180 8.4 2.3 0 18.01 0.29 NFRC 0.22 NFRC Bug Screen Window 17 Window Exterior Wall S Back 240 3.3 8.2 0 27.01 0.29 NFRC 0.22 NFRC Bug Screen Window 18 Window Exterior Wall S Back 240 6.5 4.2 0 27 0.29 NFRC 0.22 NFRC Bug Screen Window 19 Window Exterior Wall S Back 240 6.5 2.3 1 14.99 0.29 NFRC 0.22 NFRC Bug Screen Window 20 Window Exterior Wall S Back 240 4.3 4.3 0 17.99 0.29 NFRC 0.22 NFRC Bug Screen Window 21 Window Exterior Wall S Back 240 4.3 2.3 1 10 0.29 NFRC 0.22 NFRC Bug Screen Window 22 Window Exterior Wall W Right 330 13 2 1 27.51 0.29 NFRC 0.22 NFRC Bug Screen Window 23 Window Exterior Wall W Right 330 2.7 13 1 35.49 0.29 NFRC 0.22 NFRC Bug Screen Window 24 Window Exterior Wall W Right 330 4 1.2 1 5 0.29 NFRC 0.22 NFRC Bug Screen Window 25 Window Exterior Wall W Right 330 4 9.2 0 35.99 0.29 NFRC 0.22 NFRC Bug Screen Window 26 Window Exterior Wall W Right 330 5 0.6 0 2.5 0.29 NFRC 0.22 NFRC Bug Screen 222-P010172037A-000-000-0000000-0000 2022-08-31 11:51:23 CalCERTS inc. CERTIFICATE OF COMPLIANCE CF1R-PRF-01E Project Name:22-903 72240 Upper Way ADU Calculation Date/Time:2022-08-30T16:49:33-07:00 (Page 6 of 12) Calculation Description:Title 24 Analysis Input File Name:22-903 72240 Upper Way.ribd19x Registration Number:Registration Date/Time: HERS Provider: CA Building Energy Efficiency Standards - 2019 Residential Compliance Report Version: 2019.2.000 Schema Version: rev 20200901 Report Generated: 2022-08-30 16:50:27 FENESTRATION / GLAZING 01 02 03 04 05 06 07 08 09 10 11 12 13 14 Name Type Surface Orientation Azimuth Width (ft) Height (ft)Mult.Area (ft2)U-factor U-factor Source SHGC SHGC Sourc e Exterior Shading Window 27 Window Exterior Wall W Right 330 5 9.2 1 46 0.29 NFRC 0.22 NFRC Bug Screen OVERHANGS AND FINS 01 02 03 04 05 06 07 08 09 10 11 12 13 14 Window Overhang Left Fin Right Fin Depth Dist Up Left Extent Right Extent Flap Ht.Depth Top Up Dist L Bot Up Depth Top Up Dist R Bot Up Window 4 0.5 5 2.5 0 0 0 0 0 0 0 0 0 Window 2 4 0.5 5 2.5 0 0 0 0 0 0 0 0 0 Window 3 4 0.5 5 2.5 0 0 0 0 0 0 0 0 0 Window 4 4 0.5 5 2.5 0 0 0 0 0 0 0 0 0 Window 5 4 0.5 5 2.5 0 0 0 0 0 0 0 0 0 Window 6 4 0.5 24 5 0 0 0 0 0 0 0 0 0 Window 7 4 4 24 5 0 0 0 0 0 0 0 0 0 Window 8 4 0.5 24 5 0 0 0 0 0 0 0 0 0 Window 9 4 4 24 5 0 0 0 0 0 0 0 0 0 Window 10 4 0.5 6 6 0 0 0 0 0 0 0 0 0 Window 11 4 0.5 6 6 0 0 0 0 0 0 0 0 0 Window 12 4 0.5 6 6 0 0 0 0 0 0 0 0 0 Window 13 4 0.5 6 6 0 0 0 0 0 0 0 0 0 222-P010172037A-000-000-0000000-0000 2022-08-31 11:51:23 CalCERTS inc. CERTIFICATE OF COMPLIANCE CF1R-PRF-01E Project Name:22-903 72240 Upper Way ADU Calculation Date/Time:2022-08-30T16:49:33-07:00 (Page 7 of 12) Calculation Description:Title 24 Analysis Input File Name:22-903 72240 Upper Way.ribd19x Registration Number:Registration Date/Time: HERS Provider: CA Building Energy Efficiency Standards - 2019 Residential Compliance Report Version: 2019.2.000 Schema Version: rev 20200901 Report Generated: 2022-08-30 16:50:27 OVERHANGS AND FINS 01 02 03 04 05 06 07 08 09 10 11 12 13 14 Window Overhang Left Fin Right Fin Depth Dist Up Left Extent Right Extent Flap Ht.Depth Top Up Dist L Bot Up Depth Top Up Dist R Bot Up Window 14 4 0.5 7.5 4 0 0 0 0 0 0 0 0 0 Window 15 4 0.5 7.5 4 0 0 0 0 0 0 0 0 0 Window 16 4 0.5 7.5 4 0 0 0 0 0 0 0 0 0 Window 17 14 6 17 30 0 0 0 0 0 0 0 0 0 Window 18 6 6 26 30 0 0 0 0 0 0 0 0 0 Window 19 6 6 26 30 0 0 0 0 0 0 0 0 0 Window 20 6 6 26 30 0 0 0 0 0 0 0 0 0 Window 21 6 6 26 30 0 0 0 0 0 0 0 0 0 Window 22 4 0.1 4.5 40 0 0 0 0 0 0 0 0 0 Window 23 4 0.1 4.5 40 0 0 0 0 0 0 0 0 0 Window 24 8.5 0.5 18.5 24 0 0 0 0 0 0 0 0 0 Window 25 8.5 0.5 18.5 24 0 0 0 0 0 0 0 0 0 Window 26 8.5 0.5 18.5 24 0 0 0 0 0 0 0 0 0 Window 27 8.5 0.5 18.5 24 0 0 0 0 0 0 0 0 0 222-P010172037A-000-000-0000000-0000 2022-08-31 11:51:23 CalCERTS inc. CERTIFICATE OF COMPLIANCE CF1R-PRF-01E Project Name:22-903 72240 Upper Way ADU Calculation Date/Time:2022-08-30T16:49:33-07:00 (Page 8 of 12) Calculation Description:Title 24 Analysis Input File Name:22-903 72240 Upper Way.ribd19x Registration Number:Registration Date/Time: HERS Provider: CA Building Energy Efficiency Standards - 2019 Residential Compliance Report Version: 2019.2.000 Schema Version: rev 20200901 Report Generated: 2022-08-30 16:50:27 SLAB FLOORS 01 02 03 04 05 06 07 08 Name Zone Area (ft 2)Perimeter (ft) Edge Insul. R-value and Depth Edge Insul. R-value and Depth Carpeted Fraction Heated Slab-on-Grade 1st Floor Zone 1236 178 none 0 80%No OPAQUE SURFACE CONSTRUCTIONS 01 02 03 04 05 06 07 08 Construction Name Surface Type Construction Type Framing Total Cavity R-value Interior / Exterior Continuous R-value U-factor Assembly Layers R-21 Wall Exterior Walls Wood Framed Wall 2x6 @ 16 in. O. C.R-21 None / None 0.069 Inside Finish: Gypsum Board Cavity / Frame: R-21 / 2x6 Exterior Finish: 3 Coat Stucco R-38 Roof Cathedral Cathedral Ceilings Wood Framed Ceiling 2x12 @ 16 in. O. C.R-38 None / None 0.029 Roofing: Light Roof (Asphalt Shingle) Roof Deck: Wood Siding/sheathing/decking Radiant Barrier Cavity / Frame: R-38 / 2x12 Inside Finish: Gypsum Board BUILDING ENVELOPE - HERS VERIFICATION 01 02 03 04 Quality Insulation Installation (QII)High R-value Spray Foam Insulation Building Envelope Air Leakage CFM50 Required Not Required Not Required n/a 222-P010172037A-000-000-0000000-0000 2022-08-31 11:51:23 CalCERTS inc. CERTIFICATE OF COMPLIANCE CF1R-PRF-01E Project Name:22-903 72240 Upper Way ADU Calculation Date/Time:2022-08-30T16:49:33-07:00 (Page 9 of 12) Calculation Description:Title 24 Analysis Input File Name:22-903 72240 Upper Way.ribd19x Registration Number:Registration Date/Time: HERS Provider: CA Building Energy Efficiency Standards - 2019 Residential Compliance Report Version: 2019.2.000 Schema Version: rev 20200901 Report Generated: 2022-08-30 16:50:27 WATER HEATING SYSTEMS 01 02 03 04 05 06 07 Name System Type Distribution Type Water Heater Name (#)Solar Heating System Compact Distribution HERS Verification DHW Sys 1 Domestic Hot Water (DHW) Standard Distribution System DHW Heater 1 (1)n/a None n/a WATER HEATERS 01 02 03 04 05 06 07 08 09 10 11 12 Name Heating Element Type Tank Type # of Units Tank Vol. (gal) Energy Factor or Efficiency Input Rating or Pilot Tank Insulation R-value (Int/Ext) Standby Loss or Recovery Eff 1st Hr. Rating or Flow Rate NEEA Heat Pump Brand or Model Tank Location or Ambient Condition DHW Heater 1 Gas Consumer Instantaneous 1 0 0.93-UEF <= 200 kBtu/hr 0 n/a n/a n/a n/a WATER HEATING - HERS VERIFICATION 01 02 03 04 05 06 07 08 Name Pipe Insulation Parallel Piping Compact Distribution Compact Distribution Type Recirculation Control Central DHW Distribution Shower Drain Water Heat Recovery DHW Sys 1 - 1/1 Not Required Not Required Not Required None Not Required Not Required Not Required SPACE CONDITIONING SYSTEMS 01 02 03 04 05 06 07 08 09 10 11 Name System Type Heating Unit Name Cooling Unit Name Fan Name Distribution Name Required Thermostat Type Status Verified Existing Condition Heating Equipment Count Cooling Equipment Count Split System1 Heat pump heating cooling Heat Pump System 1 Heat Pump System 1 HVAC Fan 1 Air Distribution System 1 Setback New NA 1 1 222-P010172037A-000-000-0000000-0000 2022-08-31 11:51:23 CalCERTS inc. 303 P 1 SHEET TITLE DESCRIPTION PROJECT NO: LVL.002 COMMENCEMENT DATE: 2/23/2022 DRAWN BY: SPP CHK'D BY: GSY PUBLISHED DATE: 8/31/2022 MARK DATE T24-2 REVISIONS PLAN CHECK CORRECTIONS7/26/22 CITY APPROVAL STAMP 72240 UPPER WAY OWNER/APPLICANT :72240 UPPER WAYPALM DESERT, CA 92260 MICHAEL & TREA REILLY OCCUPANCY : PROJECT ADDRESS : SINGLE FAMILY AREA TABULATIONS: PROPOSED GUEST HOUSE:1,103 SQ.FT. TYPE V NON - RATED PALM DESERT, CA 92260 APN # 628-130-007 FEMA FLOOD DESIGNATION: PROJECT AREAS: TOTAL LOT AREA: 220,553.33 SF 100 % EXISTING RESIDENCE & GARAGE:2,873 +/- SF 1.30 EXISTING PAVEMENT: 2,067 +/- SF 0.94% PROPOSED CASITA: 1,103 +/- SF 0.50% PROPOSED PAVEMENT: 2,550 +/- SF 1.16% PROPOSED TOTAL COVERAGE: 8,602 +/- SF 3.90% BUILDING TYPE: RESIDENTIAL BUILDING AREA: 1,103 SF .50% PRIVATE RO D O L F O L I Z A R D E A Guest House Reilly Residence for 72-240 Upper Way Cover SheetC-1 GENERAL Precise Grading Plan1 of 3 Precise Grading Plan2 of 3 Floor PlanA2.0 Roof PlanA2.1 ElvetaionsA3.0 Cover Sheet - LandscapeCS-1 Irrigation PlanIR-1 Irrigation DetailsIR-2 Planting PlanP-1 Planting DetailsP-2 Precise Grading Plan3 of 3 C: \ U s e r s \ S P o r t e r \ D e s k t o p \ S P P De s i g n \ 2 0 2 2 \ L V L . 0 0 2 - Up p e r Wa y \ U p p e r Wa y MA S T E R . p l n 72240 UPPER WAY WEST PALM DESERT, CA 92260 TITLE 24 ANALYSIS GUEST HOUSE FOR MICHAEL & TREA REILLY STEVEN P. PORTER email: sppdesign@gmail.com PDESIGN 29590 Landau Blvd #1 Cathedral City, CA 92234 telephone: (760) 808-9487 S 1 CERTIFICATE OF COMPLIANCE CF1R-PRF-01E Project Name:22-903 72240 Upper Way ADU Calculation Date/Time:2022-08-30T16:49:33-07:00 (Page 10 of 12) Calculation Description:Title 24 Analysis Input File Name:22-903 72240 Upper Way.ribd19x Registration Number:Registration Date/Time: HERS Provider: CA Building Energy Efficiency Standards - 2019 Residential Compliance Report Version: 2019.2.000 Schema Version: rev 20200901 Report Generated: 2022-08-30 16:50:27 01 02 03 04 05 06 07 08 09 10 11 HVAC - HEAT PUMPS Name System Type Number of Units Heating Cooling Zonally Controlled Compressor Type HERS Verification HSPF/COP Cap 47 Cap 17 SEER EER/CEER Heat Pump System 1 Central split HP 1 12.5 42000 29400 23 15 Not Zonal Single Speed Heat Pump System 1-hers-htpump HVAC HEAT PUMPS - HERS VERIFICATION 01 02 03 04 05 06 07 08 09 Name Verified Airflow Airflow Target Verified EER Verified SEER Verified Refrigerant Charge Verified HSPF Verified Heating Cap 47 Verified Heating Cap 17 Heat Pump System 1-hers-htpump Required 350 Required Required Yes Yes Yes Yes HVAC - DISTRIBUTION SYSTEMS 01 02 03 04 05 06 07 08 09 10 11 12 Duct Ins. R-value Duct Location Surface Area Name Type Design Type Supply Return Supply Return Supply Return Bypass Duct Duct Leakage HERS Verification Air Distribution System 1 Conditioned space-entirely Non-Verified R-6 R-6 Conditio ned Zone Conditio ned Zone n/a n/a No Bypass Duct Air Distribution System 1-hers-dist 222-P010172037A-000-000-0000000-0000 2022-08-31 11:51:23 CalCERTS inc. CERTIFICATE OF COMPLIANCE CF1R-PRF-01E Project Name:22-903 72240 Upper Way ADU Calculation Date/Time:2022-08-30T16:49:33-07:00 (Page 11 of 12) Calculation Description:Title 24 Analysis Input File Name:22-903 72240 Upper Way.ribd19x Registration Number:Registration Date/Time: HERS Provider: CA Building Energy Efficiency Standards - 2019 Residential Compliance Report Version: 2019.2.000 Schema Version: rev 20200901 Report Generated: 2022-08-30 16:50:27 HVAC DISTRIBUTION - HERS VERIFICATION 01 02 03 04 05 06 07 08 09 Name Duct Leakage Verification Duct Leakage Target (%) Verified Duct Location Verified Duct Design Buried Ducts Deeply Buried Ducts Low-leakage Air Handler Low Leakage Ducts Entirely in Conditioned Space Air Distribution System 1-hers-dist Yes 5.0 Required Not Required Not Required Credit not taken Required No HVAC - FAN SYSTEMS 01 02 03 04 Name Type Fan Power (Watts/CFM)Name HVAC Fan 1 HVAC Fan 0.45 HVAC Fan 1-hers-fan HVAC FAN SYSTEMS - HERS VERIFICATION 01 02 03 Name Verified Fan Watt Draw Required Fan Efficacy (Watts/CFM) HVAC Fan 1-hers-fan Required 0.45 IAQ (INDOOR AIR QUALITY) FANS 01 02 03 04 05 06 07 Dwelling Unit IAQ CFM IAQ Watts/CFM IAQ Fan Type IAQ Recovery Effectiveness - SRE IAQ Recovery Effectiveness - ASRE HERS Verification SFam IAQVentRpt 1-1 58 0.137931 Exhaust n/a n/a Yes 222-P010172037A-000-000-0000000-0000 2022-08-31 11:51:23 CalCERTS inc. CERTIFICATE OF COMPLIANCE CF1R-PRF-01E Project Name:22-903 72240 Upper Way ADU Calculation Date/Time:2022-08-30T16:49:33-07:00 (Page 12 of 12) Calculation Description:Title 24 Analysis Input File Name:22-903 72240 Upper Way.ribd19x Registration Number:Registration Date/Time: HERS Provider: CA Building Energy Efficiency Standards - 2019 Residential Compliance Report Version: 2019.2.000 Schema Version: rev 20200901 Report Generated: 2022-08-30 16:50:27 DOCUMENTATION AUTHOR'S DECLARATION STATEMENT 1. I certify that this Certificate of Compliance documentation is accurate and complete. Documentation Author Name:Documentation Author Signature: Company:Signature Date: Address:CEA/ HERS Certification Identification (If applicable): City/State/Zip:Phone: RESPONSIBLE PERSON'S DECLARATION STATEMENT I certify the following under penalty of perjury, under the laws of the State of California: 1.I am eligible under Division 3 of the Business and Professions Code to accept responsibility for the building design identified on this Certificate of Compliance. 2.I certify that the energy features and performance specifications identified on this Certificate of Compliance conform to the requirements of Title 24, Part 1 and Part 6 of the California Code of Regulations. 3.The building design features or system design features identified on this Certificate of Compliance are consistent with the information provided on other applicable compliance documents, worksheets, calculations, plans and specifications submitted to the enforcement agency for approval with this building permit application. Responsible Designer Name:Responsible Designer Signature: Company:Date Signed: Address:License: City/State/Zip:Phone: Easy to Verify at CalCERTS.com Gary Zhou GMEP Engineers 26439 Rancho Parkway S., Ste 120 Lake Forest, CA 92630 2022-08-31 10:49:45 949-267-9095 Steven Porter SPP design 29590 Landau Blvd #1 Cathedral City, CA 92234 2022-08-31 11:51:23 n/a 760-808-9487 Digitally signed by CalCERTS. This digital signature is provided in order to secure the content of this registered document, and in no way implies Registration Provider responsibility for the accuracy of the information. 222-P010172037A-000-000-0000000-0000 2022-08-31 11:51:23 CalCERTS inc. 304 "GRADING PLANS FOR REFERENCE ONLY" 305 "GRADING PLANS FOR REFERENCE ONLY" 306 307 · · · · · · · · · · All ideas, designs, arrangements & plans indicated or represented by this drawing are owned by & the property of AMG STRUCTURAL ENGINEERS for use in conjunction w/ the specified project & shall not be used or disclosed for any purpose whatsoever without the written authorization of Adam Greco. 308 All ideas, designs, arrangements & plans indicated or represented by this drawing are owned by & the property of AMG STRUCTURAL ENGINEERS for use in conjunction w/ the specified project & shall not be used or disclosed for any purpose whatsoever without the written authorization of Adam Greco. 309 MAX. bd 3"X3" SINGLE LAYER UNDISTURBED SOIL SAW-CUT 1/8" X 't'/4 (90%) COMPACTED FILL DEEP CONTROL JTS 4" DRAIN ROCK CL R . 't ' / 4 + 1 / 4 SEE PLANS FOR THICKNESS VAPOR BARRIER w/ MIN. SLAB REINF. AND 't ' 4" SAND THICKNESS OF 15 MILS. SLAB THICKNESS PER PLANS SCARIFY, MOISTURE CONDITION & RECOMPACT UPPER 8" OF (E) NATIVE SOIL. MIN. 12" 1. BREAK BOND BET. NEW & PREVIOUSLY POURED S.O.G. BY SPRAYING OR PAINTING EXPOSED SIDE OF KEY W/ CURING COMPOUND OR FORM OIL. NOTES: MIN. 12" ADDL BARS TO MATCH S.O.G. REINF. 1 1 EQ. GREASED DWL @ 12" O.C. TYP. CONSTR. JT KEY. DO NOT SANDBLAST 3/4" DIA. x 2'-0" SMOOTH, 6" MI N . BULLNOSE EDGES EQ. EQ . EQ . CONC. SLAB PER PLAN 1 1/2" MIN. SILL PLATE DETAIL 0.17" SHANK DIA. RAMSET RED HEAD SHOT IN PINS @ 24" O.C., L.A. RR 22668,SILL PLATE " DIA. METAL WASHER13/8 STUD WALL PER PLAN ICC ES 2x STUD WALL PER PLAN ESR-1799 SILL BOLT REQUIREMENTS 1. PROVIDE A MINIMUM SILL BOLT EMBEDMENT OF 9" BELOW FINISH FLOOR OR TOP OF CURB. 2. PROVIDE AN ADDITIONAL SILL BOLT 6 INCHES FROM EACH END OF EACH PIECE OF SILL PLATE. 3. WHERE SILL PLATES ARE BORED OR NOTCHED IN EXCESS OF 1/3 OF THE SILL PLATE WIDTH, PROVIDE ADDITIONAL SILL BOLTS 4 INCHES EACH SIDE OF BORE OR NOTCH. 4. SET ALL SILL BOLTS WITH A SETTING TEMPLATE BEFORE PLACING CONCRETE. STABBING OR PUSHING OF SILL BOLTS INTO WET CONCRETE IS EXPRESSLY PROHIBITED. 5. PROVIDE A MINIMUM SILL BOLT PROJECTION ABOVE THE CONCRETE AS SHOWN ON DETAIL C. 6. SILL PLATES SHALL BE NATURALLY DURABLE OR PRESERVATIVE-TREATED WOOD. FIELD-CUT ENDS, NOTCHES AND DRILLED HOLES OF PRESERVATIVE-TREATED WOOD SHALL BE FIELD-TREATED PER AWPA M4. All ideas, designs, arrangements & plans indicated or represented by this drawing are owned by & the property of AMG STRUCTURAL ENGINEERS for use in conjunction w/ the specified project & shall not be used or disclosed for any purpose whatsoever without the written authorization of Adam Greco. S1.0 TYPICAL DETAILS 310 BN JOIST MIN 1'-0'' 2x BLKG @ 48'' SIMPSON CLIPS EN TOP PLATES EN TO BLKG PLYWOOD PER PLAN PLYWOOD PER PLAN All ideas, designs, arrangements & plans indicated or represented by this drawing are owned by & the property of AMG STRUCTURAL ENGINEERS for use in conjunction w/ the specified project & shall not be used or disclosed for any purpose whatsoever without the written authorization of Adam Greco. S1.1 TYPICAL DETAILS 311 All ideas, designs, arrangements & plans indicated or represented by this drawing are owned by & the property of AMG STRUCTURAL ENGINEERS for use in conjunction w/ the specified project & shall not be used or disclosed for any purpose whatsoever without the written authorization of Adam Greco. S1.2 TYPICAL DETAILS 312 S1.2 10 S1.4 11 S1.4 3 - 8 S1.1 5 All ideas, designs, arrangements & plans indicated or represented by this drawing are owned by & the property of AMG STRUCTURAL ENGINEERS for use in conjunction w/ the specified project & shall not be used or disclosed for any purpose whatsoever without the written authorization of Adam Greco. S1.3 TYPICAL DETAILS 313 PLACE STEEL BASE PLATES IN DETAIL LAUNDRY SITTING ROOM BATH #1 BEDROOM #1 ENTRY CLOSET #1 CLOSET #2 COVERED CARPORT BEDROOM #2 SHOWER SHOWER BATH #2 2 3 1 2.3 5 6 7 (F2)(F2)(F2) (F2) (F2) (F2) (F2) (W4) (W1) (TB1) (GB1) (W1) (W1) (W1) (TB 1 ) (TB1) (W1)(W1) (W3) (W2) (W1)(W1) 4 D C B A (F2) A.3 (W3) (W1) (W2) (F1) (F1) (F1)(F1) (F2) (F2)(F2) (G B 1 ) (G B 1 ) 6x6 PSL POST 6x6 PSL POST 6x6 PSL POST B 8'-6" 4x6 WHD3 PSL 6x6 POST WHD3 6x6 PSL POST 12'-0" B 11'-0" B B 4'-6" B 4'-6" WHD1 4X6 4x6 WHD1 6x6 WHD4 4'-6" B 2x6 @ 16" O.C. TYP. 4x6 HSS POST (E.W.) 4x6 WHD4 6x6 WHD4 4'-6" B (W3) WHD1 5'-6" B WHD1 HSS 4x4x14 POST 4x4 WHD1 4x6 4x6 4x6 B 5'-6" 6x6 WHD4 5'-6" B 3'-0" C 6x6 WHD3 WHD4 6x6 POST WHD3 6x6 POST 4x4 POST WHD1 6'-0"B WHD4 6x6 WHD4 4x4 WHD2 PSL 6x6 POST 6x6 POST (N-S) WHD2 PSL 6x6 POST (N-S)PSL 6x6 POST 4x4 WHD1 POST (N-S) NOTE 2 WALL BELOW 16'-0" C NOTE 2 4x6 WOOD POST PSL 6x6 POST (TBI) 12x16 W/ (2)-#5 TOP & BOTTOM BARS, & #3 TIES @ 12" O.C. HSS POST (E.W.) HSS POST (E.W.) NOTE 1 : PLACE STEEL BASE PLATES IN DETAIL 6/S1.3 ON TOP OF GRADE BEAMS, OR WALL FOOTINGS. NOTE 2 : PLACE POST BASE ON TOP OF CONCRETE SLAB ON GRADE, DETAIL 3/S1.2. All ideas, designs, arrangements & plans indicated or represented by this drawing are owned by & the property of AMG STRUCTURAL ENGINEERS for use in conjunction w/ the specified project & shall not be used or disclosed for any purpose whatsoever without the written authorization of Adam Greco. S2.0 FLOOR PLAN N POST FOOTING SCHEDULE MARK F1 F2 SIZE 30" x 30" x 12" B x W x H BOTTOM BARS EACH WAY TOP BARS EACH WAY DETAIL (4) - #4 PER PLAN WALL FOOTING SCHEDULE MARK W1 B x H 16" x 16" SIZE TRANS BARS BOTTOM TRANS BARS TOP LONG BARS BOTTOM LONG BARS TOP DETAILS PER PLAN (2) - #6 PER PLAN SCHEDULE OF SHEAR WALL SILL BOLTS IN CONCRETE MARK ANCHOR TYPE BOLT SPACING CONCRETE DETAILTYPE B1 B2 3/4" DIA. BOLTS 24" 12" NEW NEW - - SHEET NOTES: 1. 2. 3. 4. 5. 6. 7. F# W# WHD# B# NEW EXTERIOR WALL CONSTRUCTION, 2X6 @ 16"O.C., TYP, AND 3X6 STUDS AT ALL PANEL EDGES SHEAR WALL TYPE LENGTH IN FEET INDICATES COLUMN FOOTING MARK. REFER TO FOOTING SCHEDULE ON THIS SHEET. INDICATES WALL FOOTING MARK. REFER TO WALL FOOTING SCHEDULE ON THIS SHEET. INDICATES PLYWOOD SHEAR WALL PER INDICATES HOLD DOWN PER INDICATES DIAPHRAGM SHEATING AND NAILING PER INDICATES SILL BOLT MARK. REFER TO SHEAR WALL SILL BOLT SCHEDULE ON THIS SHEET. FOR SILL BOLT PLATE WASHERS REFER TO 8. INDICATES NEW POST, TYP. U.N.O. 10. 11. HOLD-DOWN HARDWARE MUST BE SECURED IN PLACE PRIOR TO FOUNDATION INSPECTION. FASTENERS FOR PRESERVATIVE-TREATED OR FIRE-RETARDANT-TREATED WOOD SHALL BE OF HOT DIPPED ZINC-COATED GALVANIZED STEEL IN ACCORDANCE WITH ASTM A153, - 9. INDICATES NEW POST ABOVE OR BELOW LEVEL, TYP. U.N.O. POST FOOTING SCHEDULE SHEAR WALL SILL BOLTS WALL FOOTING SCHEDULE SHEET NOTES 3/4" DIA. BOLTS CONTRACTOR RESPONSIBILITY: EACH CONTRACTOR RESPONSIBLE FOR THE CONSTRUCTION OF A MAIN WIND, OR SEISMIC FORCE RESISTING SYSTEM, DESIGNATED SEISMIC SYSTEM OR A WIND, OR SEISMIC RESISTIVE COMPONENT LISTED IN THE STATEMENT OF SPECIAL INSPECTIONS SHALL SUBMIT A WRITTEN STATEMENT OF RESPONSIBILITY TO THE SUPERINTENDENT OF BUILDNG AND THE OWNER PRIOR TO THE COMMENCEMENT OF WORK ON THE SYSTEM OR COMPONENT. THE CONTRACTOR'S STATEMENT OF RESPONSIBILITY SHALL CONTAIN ACKNOWLEDGEMENT OF AWARENESS OF THE SPECIAL REQUIREMENTS CONTAINED IN THE STATEMENT OF SPECIAL INSPECTION. CONTRACTOR'S RESPONSIBILITY 12. 13. 15. ALL BOLT HOLES SHALL BE DRILLED 1/32" TO 1/16" OVERSIZED. HOLD-DOWN CONNECTOR BOLTS INTO WOOD FRAMING REQUIRE APPROVED PLATE WASHERS; AND HOLD-DOWNS SHALL BE FINGER TIGHT AND 1/2 WRENCH TURN JUST PRIOR TO COVERING THE WALL FRAMING. 14. ALL DIAPHRAGM AND SHEAR WALL NAILING SHALL UTILIZE COMMON NAILS OR GALVANIZED BOX. 16. FOUNDATION SILLS SHALL BE NATURALLY DURABLE OR PRESERVATIVE - TREATED WOOD GRADE BEAM SCHEDULE MARK GB1 GB2 SIZE B x H TOP BARS BOTTOM BARS TIES (4) - #6 #4 @ 6"16" x 16" GRADE BEAM SCHEDULE DETAIL PER PLAN FASTENERS FOR PERSERVATIVE-TREATED OR FIRE-RETARDENT WOOD SHALL BE OF HOT DIPPED ZINC-COATED GALVANIZED STEEL IN ACCORDANCE WITH ASTM -A153. 42" x 42" x 12" (5) - #4 -- ----PER PLAN F3 ---- GB3 ----PER PLAN W2 PER PLAN (4) - #7 F4 ---- 16" x 16" 30" x 16"W3 (2) - #6 (4) - #7 PER PLAN -#4 @ 8"#4 @ 8" PER PLAN (4) - #7 (4) - #7 (4) - #6 PER PLAN 24" x 16"W4 -PER PLAN PER PLAN (3) - #6 (3) - #6 314 2 3 1 2.3 5 6 7 4 D C B A A.3 TOP OF ROOF 13'-0" TOP OF ROOF 16'-7" TOP OF ROOF 16'-7" TOP OF ROOF 13'-0" 2 1/2" PER 1'-0" MIN. 2 1/2" PER 1'-0" MIN. 1/4" PER 1'-0" MIN. 1/4" PER 1'-0" MIN. 1/4" PER 1'-0" MIN. 1/4" PER 1'-0" MIN. 2 1/2" PER 1'-0" MIN. 2 1/2" PER 1'-0" MIN. 4 x 104 x 10 5.25 x 9.25 PSL 3 12 x 9.25 PSL CONT. 4 x 1 0 4 x 1 0 4 x 1 0 5. 2 5 x 9 . 2 5 P S L 4 x 1 0 CO L L E C T O R 5. 2 5 x 9 . 2 5 P S L 4 x 1 0 EDGE OF ROOF 4 x 10 4 x 1 0 CO L L E C T O R 5.25 x 9.25 PSL 2 x 1 0 @ 1 6 " 2 x 1 0 @ 1 6 " SIMPSON MSTA18 STRAP 6x6 POST BELOW 4x6 BELOW 7.0 x 9.25 PSL 6x6 POST BELOW SHEAR WALL SIMPSON MSTA18 STRAP 5.25 x 9.25 PSL MSTA36 6x6 POST BELOW SHEAR WALL BELOW 6x6 POST BELOW 4 x 1 0 4 x 1 0 C O L L E C T O R 4 x 1 0 C O L L E C T O R 4 x 1 0 C O L L E C T O R 4 x 1 0 C O L L E C T O R 5. 2 5 x 9 . 2 5 P S L 4 x 1 0 C O L L E C T O R 4 x 10 4 x 10 2 x 1 0 @ 1 6 " 2 x 1 0 @ 1 6 " SIMPSON CMST14 STRAP 4 x 1 0 4 x 1 0 HSS POST BELOW HSS POST MSTA36 W6 x16 W/ 3x6 NAILER W8x31 W/ (2)-4x6 NAILERS 5. 2 5 x 9 . 2 5 P S L 4 x 10 4 x 10 HSS POST MSTA36 WD POST 2'-0" (2) 4 x 6 x 2' LONG NAILERS W/ (3)-3/4" Ø BOLTS EACH W8 x 4 8 NO N A I L E R S , U . O . N . 4 x 10 4x 1 0 C O L L E C T O R 4x 1 0 C O L L E C T O R W6 x 1 2 W/ 3 x 6 N A I L E R W6 x 2 5 W / 3 x 8 N A I L E R W6 x 2 5 W / 3 x 8 N A I L E R 4x 1 0 C O L L E C T O R 4 x 1 0 4 x 10 W6 x 25 W/ 3x8 NAILER WD POST BELOW 7.0 x 9.25 PSL 4x4 BLOCKING SIMPSON "SMST14" STRAP 8' - 0 " 15'-7" @ HIGH POINT WD POST 6x6 BELOW 4 x 10 4 x 10 5.25 x 9.25 PSL 3.5 x 9.25 PSL 3.5 x 9 . 2 5 P S L 4 x 1 0 4x4 BLOCKING SIMPSON "CMST14" STRAP SHEAR WALL 6x6 BELOW 2 x 1 0 3.5 x 9 . 2 5 P S L HSS POST BELOW 4x6 POST BELOW 2 x10 @ 16", TYP. 2 x10 @ 16", TYP. 2 x10 @ 16", TYP.2 x10 @ 16", TYP. 2 x 1 0 @ 1 6 " 2 x 1 0 @ 1 6 " 2 x 1 0 @ 1 6 " All ideas, designs, arrangements & plans indicated or represented by this drawing are owned by & the property of AMG STRUCTURAL ENGINEERS for use in conjunction w/ the specified project & shall not be used or disclosed for any purpose whatsoever without the written authorization of Adam Greco. S2.1 ROOF FRAMING PLAN W/ PLAN NOTES N SHEET NOTES: 1. 2. 3. 4. 5. 6. 7. F# W# WHD# B# NEW EXTERIOR WALL CONSTRUCTION, 2X6 @ 16"O.C., TYP, AND 3X6 STUDS AT ALL PANEL EDGES SHEAR WALL TYPE LENGTH IN FEET INDICATES COLUMN FOOTING MARK. REFER TO FOOTING SCHEDULE ON THIS SHEET. INDICATES WALL FOOTING MARK. REFER TO WALL FOOTING SCHEDULE ON THIS SHEET. INDICATES PLYWOOD SHEAR WALL PER INDICATES HOLD DOWN PER INDICATES DIAPHRAGM SHEATING AND NAILING PER INDICATES SILL BOLT MARK. REFER TO SHEAR WALL SILL BOLT SCHEDULE ON THIS SHEET. FOR SILL BOLT PLATE WASHERS REFER TO 8. INDICATES NEW POST, TYP. U.N.O. 10. 11. HOLD-DOWN HARDWARE MUST BE SECURED IN PLACE PRIOR TO FOUNDATION INSPECTION. FASTENERS FOR PRESERVATIVE-TREATED OR FIRE-RETARDANT-TREATED WOOD SHALL BE OF HOT DIPPED ZINC-COATED GALVANIZED STEEL IN ACCORDANCE WITH ASTM A153, 9. INDICATES NEW POST ABOVE OR BELOW LEVEL, TYP. U.N.O. SHEET NOTES CONTRACTOR RESPONSIBILITY: EACH CONTRACTOR RESPONSIBLE FOR THE CONSTRUCTION OF A MAIN WIND, OR SEISMIC FORCE RESISTING SYSTEM, DESIGNATED SEISMIC SYSTEM OR A WIND, OR SEISMIC RESISTIVE COMPONENT LISTED IN THE STATEMENT OF SPECIAL INSPECTIONS SHALL SUBMIT A WRITTEN STATEMENT OF RESPONSIBILITY TO THE SUPERINTENDENT OF BUILDNG AND THE OWNER PRIOR TO THE COMMENCEMENT OF WORK ON THE SYSTEM OR COMPONENT. THE CONTRACTOR'S STATEMENT OF RESPONSIBILITY SHALL CONTAIN ACKNOWLEDGEMENT OF AWARENESS OF THE SPECIAL REQUIREMENTS CONTAINED IN THE STATEMENT OF SPECIAL INSPECTION. CONTRACTOR'S RESPONSIBILITY 12. 13. 15. ALL BOLT HOLES SHALL BE DRILLED 1/32" TO 1/16" OVERSIZED. HOLD-DOWN CONNECTOR BOLTS INTO WOOD FRAMING REQUIRE APPROVED PLATE WASHERS; AND HOLD-DOWNS SHALL BE FINGER TIGHT AND 1/2 WRENCH TURN JUST PRIOR TO COVERING THE WALL FRAMING. 14. ALL DIAPHRAGM AND SHEAR WALL NAILING SHALL UTILIZE COMMON NAILS OR GALVANIZED BOX. 16. FOUNDATION SILLS SHALL BE NATURALLY DURABLE OR PRESERVATIVE - TREATED WOOD FASTENERS FOR PERSERVATIVE-TREATED OR FIRE-RETARDENT WOOD SHALL BE OF HOT DIPPED ZINC-COATED GALVANIZED STEEL IN ACCORDANCE WITH ASTM -A153. 315 PLACE STEEL BASE PLATES IN DETAIL 1 3 "16'-7" T.O. ROOF 8'-0" T.O. SLIDER 8'-8" B.O. CLERESTORY 8'-0" T.O. SLIDER 11'-0" T.O. CLERESTORY 8'-8" B.O. CLERESTORY HOLD-DOWN PER PLAN 6 x 6 6 x 6 6 x 6 6 x 6 6 x 6 ROOF FRAMING PER PLAN HOLD-DOWN PER PLAN 3 x 6 SILL MSTC40 STRAP, WRAP AROUND COLUMN MSTC40 STRAP, WRAP AROUND COLUMN MSTC30 STRAP C C All ideas, designs, arrangements & plans indicated or represented by this drawing are owned by & the property of AMG STRUCTURAL ENGINEERS for use in conjunction w/ the specified project & shall not be used or disclosed for any purpose whatsoever without the written authorization of Adam Greco. S3.0 ELEVATION @ LINE D 316 "B" E.N. 6" M I N . 1' - 6 " M I N . P E R G E N E R A L NO T E S & S O I L S R E P O R T SILL & ANCHORAGE PER SCHEDULE PLYWOOD SHTG. WHERE OCCURS, PER PLAN & SCHEDULE #4 DOWELS @ 16" O.C. 24" 8" PO U R J O I N T PER SCHEDULE (TOP & BOTT.) BARS CONCRETE SLAB ON GRADE, PER PLAN 2x STUD WALL PER PLAN CLR. CL R . , T Y P . BOTTOM BARS PER PLAN HOLD DOWN ANCHOR INSTALL PER MFR EN 1/ 2 ' ' M I N HOLD DOWN HOLD DOWN PER PLAN C WALL & FTG & GENERAL NOTES EN FULL HGT OF HOLD DOWN L POST (FULL HGT)POST CONC. SLAB ON GRADE PER PLANS FOOTING PER PLAN EM B E D M E N T D E P T H TOP OF FOOTING S5.0 7 - 8 S5.0 8 S5.0 8 S1.3 7 - 8 8 - 8 - 8 S5.0 7 - 8 S1.3 7 - 8 S1.2 3 All ideas, designs, arrangements & plans indicated or represented by this drawing are owned by & the property of AMG STRUCTURAL ENGINEERS for use in conjunction w/ the specified project & shall not be used or disclosed for any purpose whatsoever without the written authorization of Adam Greco. S5.0 TYPICAL DETAILS 317 (G A T E ) UP P E R W A Y W E S T (P R I V A T E D R I V E ) EX P/L EX P / L EX P/L 26' PROPOSED CASITA EXISTING GARAGE S 579' N89°51'53"W 663.65' N0 0 ° 3 6 ' 3 6 " W 3 3 1 . 9 7 ' N89°50'25"W 664.63' N0 0 ° 4 6 ' 4 5 " W 3 3 2 . 2 7 ' 18 2 ' EX P / L 11 3 ' RESTRICTED BUILIDING AREA EXISTING RESIDENCE SITE PLAN S:\PDATA\20200154\PG\PALM DESERT CITY_SEAL.jpg LOCATED IN THE SW 1/4 OF SECTION 30, T.5S., R.6E., SBB&M SHEET CITY FILE NUMBER REVISIONS MARK BY DATE ENGINEER CITY DATEAPPR. BASIS OF BEARINGS: ESFANDIAR SHAHANDEH, R.C.E. NO. 47834 PREPARED UNDER THE DIRECT SUPERVISION OF: DATE: CITY OF PALM DESERT SITE PLAN EXP. 12/31/23 TRAFFIC LANDSCAPE CIVIL PLAN CHECKED BY: C I V I L No. 47834 REEN I GNE LANO I SSEFOR P DERETS I GER HEDNAHAHSRA I D NAFSE S T AT E OF CA L I F O R NIA 72-240 UPPER WAY WEST BENCHMARK: SSI NGINEERING (760) 772-8421 FAX civil and structural engineering - planning - surveying (760) 772-8400 OFFICE palm desert, ca 92211 77-570 springfield lane, suite c Know what's below.before you dig.Call R GOV'T LOT 57 OF SECTION 30, T 5 S, R 6 E, SBM APN 628-130-007 ELEVATION: 898.708 (NGVD88 DATUM) BEARINGS SHOWN HEREON ARE BASED UPON THE C/L OF HWY 74 TAKEN AS N17°55'43"E PER PARCEL MAP 16259 AS FILED IN BOOK 89 OF PARCEL MAPS AT PAGES 35 THROUGH 37 INCLUSIVE, O.R. RIV. CO. CPD 127 - 2" BRONZE DISK IN SOUTH END OF CONCRETE CATCH BASIN ON WEST SIDE OF HWY 74 SOUTH OF PALOWET DR. 24.6'S'LY OF SOUTHERN BCR, 1.1' W. OF CURB R.C.E. 56005, EXP. 12/31/2024 REVIEWED AND RECOMMENDED BY: APPROVED BY: CITY OF PALM DESERT DEPARTMENT OF DEVELOPMENT SERVICES DATE DATE CITY ENGINEER MARIA FRASER. 1 inch = ft. ( IN FEET ) GRAPHIC SCALE 0 30 30 60 10 12015 A100 5/22/2024 3/2/2023 318 P 2 SHEET TITLE DESCRIPTION PROJECT NO: LVL.002 COMMENCEMENT DATE: 2/23/2022 DRAWN BY: SPP CHK'D BY: GSY PUBLISHED DATE: 8/31/2022 MARK DATE A-110 REVISIONS RELOCATE GUEST HOUSE5/12/24 CITY APPROVAL STAMP 72240 UPPER WAY OWNER/APPLICANT :72240 UPPER WAYPALM DESERT, CA 92260 MICHAEL & TREA REILLY OCCUPANCY : PROJECT ADDRESS : SINGLE FAMILY AREA TABULATIONS: PROPOSED GUEST HOUSE:1,103 SQ.FT. TYPE V NON - RATED PALM DESERT, CA 92260 APN # 628-130-007 FEMA FLOOD DESIGNATION: PROJECT AREAS: TOTAL LOT AREA: 220,553.33 SF 100 % EXISTING RESIDENCE & GARAGE:2,873 +/- SF 1.30 EXISTING PAVEMENT: 2,067 +/- SF 0.94% PROPOSED CASITA: 1,103 +/- SF 0.50% PROPOSED PAVEMENT: 2,550 +/- SF 1.16% PROPOSED TOTAL COVERAGE: 8,602 +/- SF 3.90% BUILDING TYPE: RESIDENTIAL BUILDING AREA: 1,103 SF .50% PRIVATE RO D O L F O L I Z A R D E A Guest House Reilly Residence for 72-240 Upper Way Cover SheetC-1 GENERAL Precise Grading Plan1 of 3 Precise Grading Plan2 of 3 Floor PlanA2.0 Roof PlanA2.1 ElvetaionsA3.0 Cover Sheet - LandscapeCS-1 Irrigation PlanIR-1 Irrigation DetailsIR-2 Planting PlanP-1 Planting DetailsP-2 Precise Grading Plan3 of 3 C: \ U s e r s \ S P o r t e r \ D e s k t o p \ S P P D e s i g n \ 2 0 2 2 \ L V L . 0 0 2 - U p p e r W a y \ U p p e r W a y M A S T E R . p l n 72240 UPPER WAY WEST PALM DESERT, CA 92260 FLOOR PLAN GUEST HOUSE FOR MICHAEL & TREA REILLY STEVEN P. PORTER email: sppdesign@gmail.com PDESIGN 29590 Landau Blvd #1 Cathedral City, CA 92234 telephone: (760) 808-9487 S N 1 1 W D SHOWER ED2 C1 ED1 D1 A1 O1 N1 M ED6 K1 ED5 ED4 ED3 F1 G E1 ID2 ID5 ID4 ID6 ID1 ID7 ID3 7'-9"10'-8"5'-4"11'-3" 15 ' - 1 1 " 3' - 1 " 11 ' - 1 " 1' - 1 0 " 47 ' 19'-6"8"6'-6"7'-2 1/2"1'-9"4'-4"2'-5 1/4" 12 ' - 1 " 6' - 1 " 6" 5' 11 " 4' 1' - 4 " 3' - 7 " 12 ' - 1 0 " 8" 14 ' - 6 1 / 2 " 5' - 5 1 / 2 " 11 ' - 9 " 17 ' - 1 " 48 ' - 1 0 " 2'-5"3'-8 1/2"12'-5 3/4"11'-1" 18'-5"16'-7"10'-5" 45'-5" 6'-9" 2' - 2 " 9"6'-6"6"7'-6"6"2'8" 11 ' - 2 " 4' - 1 0 " 4' - 9 " 3'-4"4'-1" 6'-9" 13' - 5 3 / 4 " 2' 5'-4" 11 ' - 1 " 7" 5' 7" 1'-5 1/2"8'1'-10" 12 ' 1' - 1 0 " 2' 8' 2' 1'-4 " 8'-4 " 6" 2' 8" 4'-8"3'5'-3" 4' 3' 6' 7'-1" 1' - 3 " 8' - 2 " 1' - 8 " 1' - 2 " 3' - 1 / 2 " 6' 13 ' - 3 " 12' - 7 " 42'-4 1/2" 3' 2' 6' 2" 1 A-140 1 A-140 2 A-140 2 A-1401 A-130 4 A-130 3 A-130 254 sq ft 76 sq ft 104 sq ft 427 sq ft 130 sq ft 104 sq ft 279 sq ft REQUIRED LANDING AT DOORS, TYP. LAUNDRY LIVING ROOM BATH #1 BEDROOM #1 ENTRY CLOSET #1 CLOSET #2 COVERED CARPORT ABOVE ABOVE ABOVE ABOVE ABOVE ABOVE ABOVE H I ABOVE ABOVE J ABOVE ABOVE N2 ABOVE O2 B ABOVE L WALL MOUNTED WATER HEATER A2 C2 K2 D2 E2 F2 3' - 1 1 " 11 ' - 8 " 6'-4 " 3'-6 " 3' 7' 3'-6 " 13'- 5 3 / 4 " 2 A-130 BEDROOM #2SHOWER BATH #2 INTERIOR WALLS 2X4 STUDS @ 16" O.C. DOOR MARKER REFER TO DOOR SCHEDULE WINDOW MARKER REFER TO WINDOW SCHEDULE CONCRETE PAVEMENT REQUIRED LANDINGS OUTSIDE ALL EXTERIOR DOORS ### ## SCALE: 1/4" = 1'-0"1 FLOOR PLAN LEGEND GENERAL NOTES 1. BATHTUB AND SHOWER FLOORS AND WALLS ABOVE BATHTUBS WITH SHOWERS AND SHOWER COMPARTMENTS SHALL BE FINISHED WITH A NONABSORBENT SURFACE TO A HEIGHT OF 6 FEET ABOVE THE FLOOR PER CRC R307.2. 2. Water closets shall have an average water consumption of not more than 1.28 gallons per flush. (411.2 CPC) Note on plans. 3. Shower heads shall have a water flow not to exceed 2.0 gallons per minute at 80 psi. (408.2 CPC) Note on plans. 4. The maximum flow rate of lavatory faucets shall not exceed 1.2 gallons per minute at 60 psi. (403.7 CPC) Note on plans. 5. Faucets in kitchens shall have a water flow not to exceed 1.8 gallons per minute at 60 psi and may temporarily increase the flow above the maximum rate, but not to exceed 2.2 gallons per minute, and must default to a maximum flow rate of 1.8 gallons per minute. (407.2.1.1 CPC) Note on plans. 1 PLAN CHECK CORRECTIONS7/26/22 319 P 1 SHEET TITLE DESCRIPTION PROJECT NO: LVL.002 COMMENCEMENT DATE: 2/23/2022 DRAWN BY: SPP CHK'D BY: GSY PUBLISHED DATE: 8/31/2022 MARK DATE A-120 REVISIONS PLAN CHECK CORRECTIONS7/26/22 CITY APPROVAL STAMP 72240 UPPER WAY OWNER/APPLICANT :72240 UPPER WAYPALM DESERT, CA 92260 MICHAEL & TREA REILLY OCCUPANCY : PROJECT ADDRESS : SINGLE FAMILY AREA TABULATIONS: PROPOSED GUEST HOUSE:1,103 SQ.FT. TYPE V NON - RATED PALM DESERT, CA 92260 APN # 628-130-007 FEMA FLOOD DESIGNATION: PROJECT AREAS: TOTAL LOT AREA: 220,553.33 SF 100 % EXISTING RESIDENCE & GARAGE:2,873 +/- SF 1.30 EXISTING PAVEMENT: 2,067 +/- SF 0.94% PROPOSED CASITA: 1,103 +/- SF 0.50% PROPOSED PAVEMENT: 2,550 +/- SF 1.16% PROPOSED TOTAL COVERAGE: 8,602 +/- SF 3.90% BUILDING TYPE: RESIDENTIAL BUILDING AREA: 1,103 SF .50% PRIVATE RO D O L F O L I Z A R D E A Guest House Reilly Residence for 72-240 Upper Way Cover SheetC-1 GENERAL Precise Grading Plan1 of 3 Precise Grading Plan2 of 3 Floor PlanA2.0 Roof PlanA2.1 ElvetaionsA3.0 Cover Sheet - LandscapeCS-1 Irrigation PlanIR-1 Irrigation DetailsIR-2 Planting PlanP-1 Planting DetailsP-2 Precise Grading Plan3 of 3 C: \ U s e r s \ S P o r t e r \ D e s k t o p \ S P P De s i g n \ 2 0 2 2 \ L V L . 0 0 2 - Up p e r Wa y \ U p p e r Wa y MA S T E R . p l n 72240 UPPER WAY WEST PALM DESERT, CA 92260 ROOF PLAN GUEST HOUSE FOR MICHAEL & TREA REILLY STEVEN P. PORTER email: sppdesign@gmail.com PDESIGN 29590 Landau Blvd #1 Cathedral City, CA 92234 telephone: (760) 808-9487 S N 1 1 W D 1 A-130 4 A-130 3 A-130 254 sq ft 76 sq ft 104 sq ft 427 sq ft 130 sq ft 104 sq ft 279 sq ft TOP OF ROOF 13'-0" TOP OF ROOF 16'-7" TOP OF ROOF 16'-7" TOP OF ROOF 13'-0" 2 A-130 2 1/2" PER 1'-0" MIN. 2 1/2" PER 1'-0" MIN. 1/4" PER 1'-0" MIN.1/4" PER 1'-0" MIN. 1/4" PER 1'-0" MIN.1/4" PER 1'-0" MIN. 2 1/2" PER 1'-0" MIN.2 1/2" PER 1'-0" MIN. 2 1/2" PER 1'-0" MIN. ROOF PITCH / SLOPE DIRECTION ROOF CRICKET ROOF MATERIAL: THERMOPLASTIC POLYOLEFIN (TPO) MEMBRANE SOLAR PANEL SYSTEM; MIN. SIZE 375 S.F. (DEFERRED APPROVAL) EXPERIENCE THE CARLISLE DIFFERENCE Reinforced Membrane 800-479-6832 | P.O. Box 7000 | Carlisle, PA 17013 | Fax: 717-245-7053 | www.carlislesyntec.com 03.25.20 © 2020 Carlisle. REPRINT CODE: 600515 - “Sure-Weld TPO Reinforced Membrane Product Data Sheet” Carlisle, Sure-Weld, OctaGuard XT, APEEL, Piranha Plates and HP-X are trademarks of Carlisle. ENERGY STAR is a registered trademark owned by the U.S. Government. *ENERGY STAR qualifi cation is only valid in the U.S. LEED is a registered trademark of the U.S. Green Building Council. LEED Information Pre-consumer Recycled Content 10% Post-consumer Recycled Content 0% Manufacturing Location Senatobia, MS Tooele, UT Carlisle, PA Solar Refl ectance Index (SRI) 99 (white) 86 (tan) Radiative Properties for ENERGY STAR*, and LEED Test Method White TPO Tan TPO Gray TPO ENERGY STAR – Initial solar reflectance Solar Spectrum Reflectometer 0.79 0.71 N/A ENERGY STAR – Initial solar reflectance after 3 years Solar Spectrum Refl ectometer (uncleaned) 0.70 0.64 N/A CRRC – Initial solar reflectance ASTM C1549 0.79 0.71 0.46 CRRC – Solar reflectance after 3 years ASTM C1549 (uncleaned) 0.70 0.64 0.43 CRRC – Initial thermal emittance ASTM C1371 0.90 0.86 0.89 CRRC – Thermal emittance after 3 years ASTM C1371 (uncleaned) 0.86 0.87 0.88 LEED – Thermal emittance PASS 0.90 0.86 0.85 SRI - Initial (Solar Refl ectance Index) 99 86 53 SRI -3 year aged (Solar Refl ectance Index) 85 77 48 Radiative Properties (Initial) for Special Colors Refl ectance Emittance SRI Medium Bronze 0.28 0.86 29 Rock Brown 0.25 0.87 26 Slate Gray 0.38 0.87 42 Terra Cotta 0.25 0.86 25 Patina Green 0.25 0.88 25 Solar Refl ectance Index (SRI) is calculated per ASTM E1980. The SRI is a measure of the roof’s ability to reject solar heat, as shown by a small temperature rise. It is defi ned so that a standard black (refl ectance 0.05, emittance 0.90) is 0 and a standard white (refl ectance 0.80, emittance 0.90) is 100. Materials with the highest SRI values are the coolest choices for roofi ng. Due to the way SRI is defi ned, particularly hot materials can even take slightly negative values and particularly cool materials can even exceed 100. *ENERGY STAR recommends that using the Roof Savings Calculator (rsc.ornl.gov), which factors in both heating and cooling costs, to determine whether a cool roof will be an energy effi cient choice for your geographic climate and building type. -5 days water immersion at 158°F (70°C) followed by -5,040 kJ/m² (2000 hours at 0.70 W/m² irradiance) xenon-arc exposure *Test specimen is 2.75” by 5.5” piece of membrane with edges sealed. *Criterion – after 3 complete cycles, test specimens shall remain fl exible and not have any cracking under 10x magnifi cation while wrapped around a 3”-diameter mandrel. Supplemental Approvals, Statements and Characteristics: 1. Sure-Weld TPO meets or exceeds the requirements of ASTM D6878 Standard Specification for Thermoplastic Polyolefin-Based Sheet Roofing. 2. Radiative Properties for ENERGY STAR, Cool Roof Rating Council (CRRC) and LEED. 3. Sure-Weld TPO membranes conform to requirements of the US E.P.A. Toxic Leachate Test (40 CFR part 136) performed by an independent analytical laboratory. 4. Sure-Weld TPO was tested for dynamic puncture resistance per ASTM D5635-04 using the most recently modified impact head. 45-mil was watertight after an impact energy of 12.5 J (9.2 ft-lbf) and 60-mil was watertight after 22.5 J (16.6 ft-lbf). 80-mil EXTRA was watertight after an impact energy of 30.0 J (22.1 ft-lbf). 5. NSF-P151 Certifi cation for rainwater catchment system components. - Plant 91/White Only SCALE: 1/4" = 1'-0"1 ROOF PLAN LEGEND GENERAL NOTES 1. PROVIDE (2) LAYERS OF GRADE D PAPER OVER ALL WOOD BASE SHEATHING. 2. PROVIDE A WEEP SCREED FOR STUCCO AT FOUNDATION PLATE LINE A MINIMUM OF 4" ABOVE GRADE OR 2" ABOVE PAVED SURFACES. 3. ROOFING MATERIALS SHALL COMPLY WITH 2019 CRC STANDARDS AND SHALL BE INSTALLED PER THE MANUFACTURER'S SPECIFICATIONS. 4. THE FOUNDATION AND FRAMING ELEMENTS SHOWN IN THESE PLANS ARE FOR REFERENCE ONLY. REFER TO THE STRUCTURAL PLANS, DETAILS AND CALCULATIONS FOR STRUCTURAL INFORMATION. 5. ALL FOAM PLASTIC INSULATION SHALL HAVE A FLAME SPREAD RATING OF NOT MORE THAN 75 AND A SMOKE-DEVELOPED RATING OF NOT MORE THAN 450. 6. ALL FLASHING, COUNTER FLASHING AND COPING WHEN OF METAL SHALL BE NOT LESS THAN NO. 28 GA. 7. ROOFING MATERIALS SHALL COMPLY WITH 2019 CRC STANDARDS PER CHAPTER 15 AND BE INSTALLED PER MANUFACTURER'S SPECIFICATIONS. 8. ROOF VENTS SHALL BE PAINTED TO MATCH ROOF COLOR. 9. ALL FLASHING SHALL BE PAINTED TO MATCH ADJACENT COLOR. 10. ATTIC VENTILATION OPENINGS SHALL BE COVERED WITH CORROSION-RESISTANT METAL MESH OPENINGS OF 1/4-INCH IN DIMENSION. 11. ALL WEATHER EXPOSED SURFACES SHALL HAVE A WEATHER RESISTIVE BARRIER TO PROTECT THE INTERIOR WALL COVERING & ALL EXTERIOR OPENINGS SHALL BE FLASHED IN SUCH A MANNER AS TO MAKE THEM WEATHERPROOF. ROOFING SYSTEM SURE-WELD TPO ROOFING SYSTEM: CLASS A ICC-ES ESR-1463 MECHANICALLY FASTENED SYSTEMS (SURE-WELD / SURE-FLEX) 1. THE SURE-WELD MECHANICALLY FASTENED ROOFING SYSTEM INCORPORATES 12', 10' OR 8' WIDE, WHITE, TAN OR GRAY IN 45, 60 OR 80-MIL THICK SCRIM-REINFORCED, SURE-WELD THERMOPLASTIC POLYOLEFIN (TPO) MEMBRANE FIELD SHEETS. INSULATION IS MECHANICALLY FASTENED TO AN ACCEPTABLE ROOF DECK. SURE-WELD PERIMETER SHEETS (6' USED WITH 10' AND 12' WIDE FIELD SHEETS; 4' USED WITH 8' WIDE FIELD SHEETS) ARE INSTALLED ALONG BUILDING EDGES AND FIELD MEMBRANE SHEETS ARE MECHANICALLY FASTENED TO THE ROOF DECK WITH THE APPROPRIATE CARLISLE FASTENERS AND FASTENING PLATES. ADJOINING SHEETS OF SURE-WELD MEMBRANE ARE OVERLAPPED AND JOINED TOGETHER WITH A MINIMUM 1-1/2" WIDE HEAT WELD. MEMBRANE FASTENING REQUIREMENTS ARE OUTLINED IN WARRANTY TABLES IN PARAGRAPH 1.05 OF THIS SPECIFICATION. ROOF UNDERLAYMENT GRACE CONSTRUCTION PRODUCTS WWW.NA.GRACECONSTRUCTION.COM ICC# ESR-1167 INSTALL "GRACE ULTRA" SELF-ADHERING SHEET MEMBRANE ROOF UNDERLAYMENT PER MANUFACTURER'S SPECIFICATIONS AND INSTALLATION INSTRUCTIONS BY GRACE CONSTRUCTION PRODUCTS. SOLAR AREA CALCULATION TOTAL ROOF AREA: 2,500 S.F. SOLAR AREA SHALL BE NO LESS THAN 15% OF TOTAL ROOF AREA 2,500 S.F. X 15% = 375 S.F. MINIMUM ROOF HEIGHT CALCULATION TOTAL ROOF AREA: 2,500 S.F. ONLY 30% OF THE TOTAL ROOF AREA SHALL EXCEED 15' IN HEIGHT TO A MAXIMUM OF 18'. 2,500 S.F. X 30% = 750 S.F. MAXIMUM NO ROOF AREA EXCEEDS 18' IN HEIGHT TESTING METHOD WHITE TPO TAN TPO GRAY TPO 320 SCALE: 1/4"=1'-0" CASITA - FRONT ELEVATION SCALE: 1/4"=1'-0" CASITA - RIGHT ELEVATION SCALE: 1/4"=1'-0" CASITA - REAR ELEVATION SCALE: 1/4"=1'-0" CASITA - LEFT ELEVATION RO D O L F O L I Z A R D E 321 P 1 SHEET TITLE DESCRIPTION PROJECT NO: LVL.002 COMMENCEMENT DATE: 2/23/2022 DRAWN BY: SPP CHK'D BY: GSY PUBLISHED DATE: 8/31/2022 MARK DATE A-140 REVISIONS PLAN CHECK CORRECTIONS7/26/22 CITY APPROVAL STAMP 72240 UPPER WAY OWNER/APPLICANT :72240 UPPER WAYPALM DESERT, CA 92260 MICHAEL & TREA REILLY OCCUPANCY : PROJECT ADDRESS : SINGLE FAMILY AREA TABULATIONS: PROPOSED GUEST HOUSE:1,103 SQ.FT. TYPE V NON - RATED PALM DESERT, CA 92260 APN # 628-130-007 FEMA FLOOD DESIGNATION: PROJECT AREAS: TOTAL LOT AREA: 220,553.33 SF 100 % EXISTING RESIDENCE & GARAGE:2,873 +/- SF 1.30 EXISTING PAVEMENT: 2,067 +/- SF 0.94% PROPOSED CASITA: 1,103 +/- SF 0.50% PROPOSED PAVEMENT: 2,550 +/- SF 1.16% PROPOSED TOTAL COVERAGE: 8,602 +/- SF 3.90% BUILDING TYPE: RESIDENTIAL BUILDING AREA: 1,103 SF .50% PRIVATE RO D O L F O L I Z A R D E A Guest House Reilly Residence for 72-240 Upper Way Cover SheetC-1 GENERAL Precise Grading Plan1 of 3 Precise Grading Plan2 of 3 Floor PlanA2.0 Roof PlanA2.1 ElvetaionsA3.0 Cover Sheet - LandscapeCS-1 Irrigation PlanIR-1 Irrigation DetailsIR-2 Planting PlanP-1 Planting DetailsP-2 Precise Grading Plan3 of 3 C: \ U s e r s \ S P o r t e r \ D e s k t o p \ S P P De s i g n \ 2 0 2 2 \ L V L . 0 0 2 - Up p e r Wa y \ U p p e r Wa y MA S T E R . p l n 72240 UPPER WAY WEST PALM DESERT, CA 92260 BUILDING SECTIONS GUEST HOUSE FOR MICHAEL & TREA REILLY STEVEN P. PORTER email: sppdesign@gmail.com PDESIGN 29590 Landau Blvd #1 Cathedral City, CA 92234 telephone: (760) 808-9487 S N 1 WINDOW ROOF JOISTS PER STRUCTURAL ROOF FASCIA W/ PAINT FINISH, TYP. CLERESTORY WINDOW NEW INSULATION ABOVE DECK, TYP CONCRETE SLAB & FOOTING PER STRUCTURAL BEDROOM #1 LIVING ROOM BATH #2SHOWER 2X6 WOOD FRAMED WALLS PER STRUCTURAL CEMENT PLASTER SLIDING GLASS DOOR ROOF FASCIA W/ PAINT FINISH, TYP. CLERESTORY WINDOW CONCRETE SLAB & FOOTING PER STRUCTURAL LIVING ROOMENTRY ROOF JOISTS PER STRUCTURAL NEW INSULATION ABOVE DECK, TYP 2X6 WOOD FRAMED WALLS PER STRUCTURAL CEMENT PLASTER 1 A-140 1 A-140 2 A-140 2 A-140 SCALE: 1/4" = 1'-0"1 SECTION N-S SCALE: 1/4" = 1'-0"2 SECTION E-W GENERAL NOTES KEY PLAN 1. PROVIDE (2) LAYERS OF GRADE D PAPER OVER ALL WOOD BASE SHEATHING. 2. PROVIDE A WEEP SCREED FOR STUCCO AT FOUNDATION PLATE LINE A MINIMUM OF 4" ABOVE GRADE OR 2" ABOVE PAVED SURFACES. 3. ATTIC VENTILATION SHALL BE INSTALLED PER CRC R806.2. OPENINGS SHALL BE COVERED WITH CORROSION-RESISTANT METAL MESH WITH 1/4" OPENINGS. 4. ROOFING MATERIALS SHALL COMPLY WITH 2019 CRC STANDARDS AND SHALL BE INSTALLED PER THE MANUFACTURER'S SPECIFICATIONS. 5. THE FOUNDATION AND FRAMING ELEMENTS SHOWN IN THESE PLANS ARE FOR REFERENCE ONLY. REFER TO THE STRUCTURAL PLANS, DETAILS AND CALCULATIONS FOR STRUCTURAL INFORMATION. 6. WOOD IN CONTACT WITH CONCRETE AND / OR EXPOSED SHALL BE DECAY RESISTANT LUMBER OR PRESSURE TREATED PER CRC 317.1. 7. STUCCO TO BE 3 COATS MINIMUM WHEN APPLIED OVER METAL LATH WITH 2 LAYERS OF GRADE D PAPER PER CRC R703.7.2 & R703.7.3. 8. BATHTUB AND SHOWER FLOORS AND WALLS ABOVE BATHTUBS WITH INSTALLED SHOWER HEADS AND IN SHOWER COMPARTMENTS SHALL BE FINISHED WITH A NONABSORBENT SURFACE. WALL SURFACES SHALL EXTEND TO A HEIGHT OF NOT LESS THAN 6 FEET ABOVE THE FLOOR. CRC R307.2. 9. GYPSUM BOARD SHALL NOT BE USED WHERE THERE WILL BE DIRECT EXPOSURE TO WATER, OR IN AREAS SUBJECT TO CONTINUOUS HIGH HUMIDITY. CRC R702.3.7. 10. FIRE BLOCKING PER CRC SECTION R302.11 AND R302.11.1. 11. PROVIDE WATER RESISTIVE BARRIER PER CRC R703.2. 12.. SUBCONTRACTOR TO FIELD VERIFY ALL CONDITIONS PRIOR TO ANY FABRICATION. 13. THESE PLANS AND SECTIONS ARE DRAWN AS A DESIGN TOOL TO ASSIST SUB- CONTRACTOR IN THE PREPARATION OF THE SHOP DRAWINGS. SHOP DRAWINGS ARE TO BE APPROVED BY THE OWNER AND LOCAL BUILDING OFFICIAL. 322 P 1 SHEET TITLE DESCRIPTION PROJECT NO: LVL.002 COMMENCEMENT DATE: 2/23/2022 DRAWN BY: SPP CHK'D BY: GSY PUBLISHED DATE: 8/31/2022 MARK DATE A-150 REVISIONS PLAN CHECK CORRECTIONS7/26/22 CITY APPROVAL STAMP 72240 UPPER WAY OWNER/APPLICANT :72240 UPPER WAYPALM DESERT, CA 92260 MICHAEL & TREA REILLY OCCUPANCY : PROJECT ADDRESS : SINGLE FAMILY AREA TABULATIONS: PROPOSED GUEST HOUSE:1,103 SQ.FT. TYPE V NON - RATED PALM DESERT, CA 92260 APN # 628-130-007 FEMA FLOOD DESIGNATION: PROJECT AREAS: TOTAL LOT AREA: 220,553.33 SF 100 % EXISTING RESIDENCE & GARAGE:2,873 +/- SF 1.30 EXISTING PAVEMENT: 2,067 +/- SF 0.94% PROPOSED CASITA: 1,103 +/- SF 0.50% PROPOSED PAVEMENT: 2,550 +/- SF 1.16% PROPOSED TOTAL COVERAGE: 8,602 +/- SF 3.90% BUILDING TYPE: RESIDENTIAL BUILDING AREA: 1,103 SF .50% PRIVATE RO D O L F O L I Z A R D E A Guest House Reilly Residence for 72-240 Upper Way Cover SheetC-1 GENERAL Precise Grading Plan1 of 3 Precise Grading Plan2 of 3 Floor PlanA2.0 Roof PlanA2.1 ElvetaionsA3.0 Cover Sheet - LandscapeCS-1 Irrigation PlanIR-1 Irrigation DetailsIR-2 Planting PlanP-1 Planting DetailsP-2 Precise Grading Plan3 of 3 C: \ U s e r s \ S P o r t e r \ D e s k t o p \ S P P De s i g n \ 2 0 2 2 \ L V L . 0 0 2 - Up p e r Wa y \ U p p e r Wa y MA S T E R . p l n 72240 UPPER WAY WEST PALM DESERT, CA 92260 DOOR & WINDOW SCHEDULES AND ELEVATIONS GUEST HOUSE FOR MICHAEL & TREA REILLY STEVEN P. PORTER email: sppdesign@gmail.com PDESIGN 29590 Landau Blvd #1 Cathedral City, CA 92234 telephone: (760) 808-9487 S 1 8' - 2 " 8'-4"12'-4" 8' - 2 " 8' - 2 " 3'-4" 4'-0" 9' - 2 " ED3 ED6 ED5 ED4 ED2 ED1 4'-0"6'-0" 8' - 3 " 3'-0" 8' - 0 " 8' - 0 " 8' - 0 " 8' - 0 " 3'-0"3'-0" ID1 ID6 ID2 ID5 ID6 ID3 8'-5" 4' - 6 " 2' - 4 " 3' - 6 " 11 ' - 1 1 " 11 ' - 8 " 2'-0" 8'-0" 2' - 1 1 " 2' - 3 " 4' - 4 " 4'-4" 2' - 4 " 4' - 4 " 6'-6" 2' - 4 " 4'-0"5'-0" 2' - 1 " 1' - 1 " 9' - 2 " 12'-10" 1' - 9 " 3' - 1 " 2' - 8 " 1' - 8 " 1' - 7 " D1 D2 E1 E2 F1 F2 G H A2 A1 C1 B C2 5'-0" 3' - 2 " 3' - 6 " 8' - 2 " 13'-4" 2' - 0 " 3' - 6 " 8'-0" 4' - 0 " 5' - 0 " 13 ' - 7 " 2'-4"7'-6"6'-2" 2' - 3 " 2' - 6 " 3' - 2 " 8'-9" K1 K2I L J M N1 N2 O2 01 MARKER WINDOW TYPE DOOR SIZE GLAZING MATERIAL FINISH EXTERIOR ED1 ED2 4'-0"W x 9'-0"H TEMPEREDGLASS PIVOT DOOR SINGLE SWING DOOR 3'-0"W x 8'-0"H TEMPERED ED3 8'-0"W x 8'-0"H TEMPERED ED4 12"-0"W x 8'-0"H TEMPEREDSLIDING GLASS DOOR ED5 TEMPERED ALUMINUM / GLASS POWDER COATED ALUMINUM / GLASS POWDER COATED ALUMINUM / GLASS POWDER COATED ALUMINUM / GLASS POWDER COATED ALUMINUM / GLASS POWDER COATED SLIDING GLASS DOOR SLIDING GLASS DOOR ED6 8"-0"W x 8'-0"H TEMPERED ALUMINUM / GLASS POWDER COATEDSLIDING GLASS DOOR 8'-0"W x 8'-0"H INTERIOR PAINT ID1 ID2 WOOD NONESLIDING CLOSET DOORS ID3 DOUBLE BI-FOLD DOORS ID4 ID5 NONE NONE 4-0"W x 8'-0"H 3'-0"W x 8'-0"H NONEPOCKET DOOR 6'-0"W x 8'-0"H NONEDOUBLE POCKET DOOR NONE ID7 WOOD PAINT WOOD PAINT WOOD PAINT WOOD PAINT WOOD PAINT ID6 6-0"W x 8'-0"H NONESLIDING CLOSET DOORS WOOD PAINT 6-0"W x 8'-0"H DOUBLE POCKET DOOR 6'-0"W x 8'-0"H POCKET DOOR 3'-0"W x 8'-0"H MARKER WINDOW TYPE WINDOW SIZE GLAZING MATERIAL FINISH EXTERIOR A2 FIXED WINDOW 12'-10"W x HT. VARIES TEMPERED ALUMINUM / GLASS POWDER COATED B 5'-0"W x 9'-2"H TEMPERED ALUMINUM / GLASS POWDER COATED 4'-0"W x HT. VARIES TEMPERED ALUMINUM / GLASS POWDER COATED C1 6'-2"W x 2'-3"H FIXED WINDOW A1 FIXED WINDOW 12'-10"W x HT. VARIES TEMPERED ALUMINUM / GLASS POWDER COATED FIXED WINDOW 5'-0"W x HT. VARIES TEMPERED ALUMINUM / GLASS POWDER COATEDC2FIXED WINDOW FIXED WINDOWO2 POWDER COATED ALUMINUM / GLASSTEMPERED 6'-2"W x 2'-6"HFIXED WINDOWO1 POWDER COATED ALUMINUM / GLASSTEMPERED 7'-6"W x 2'-3"HFIXED WINDOWN2 POWDER COATED ALUMINUM / GLASS 7'-6"W x 2'-6"HFIXED WINDOWN1 POWDER COATED ALUMINUM / GLASS 2'-4"W x 13'-7"HFIXED WINDOWM POWDER COATED ALUMINUM / GLASSTEMPERED 8'-0"W x HT VARIESFIXED WINDOWL POWDER COATED ALUMINUM / GLASS 5'-0"W x 8'-2"HFIXED WINDOWK2 POWDER COATED ALUMINUM / GLASS 6'-6"W x 2'-4"H 5'-0"W x HT VARIES ALUMINUM / GLASS POWDER COATEDD1FIXED WINDOW FIXED WINDOWK1 ALUMINUM / GLASS POWDER COATEDD2FIXED WINDOW 6'-6"W x 4'-4"H POWDER COATED ALUMINUM / GLASSTEMPERED 8'-9"W x 3'-2"HFIXED WINDOWJ POWDER COATED ALUMINUM / GLASS 13'-4"W x HT VARIESFIXED WINDOWI POWDER COATED 4'-4"W x 2'-4"H ALUMINUM / GLASS ALUMINUM / GLASS POWDER COATEDE1FIXED WINDOW 8'-0"W x HT. VARIES ALUMINUM / GLASS POWDER COATEDE2FIXED WINDOW 4'-4"W x 4'-4"H 4'-4"W x 2'-4"H FIXED WINDOW ALUMINUM / GLASS POWDER COATEDF1FIXED WINDOW H ALUMINUM / GLASS POWDER COATEDF2FIXED WINDOW 4'-4"W x 4'-4"H 2'-0"W x HT. VARIES TEMPERED ALUMINUM / GLASS POWDER COATEDGFIXED WINDOW POWDER COATED ALUMINUM / GLASS SCALE: 1/4" = 1'-0"1 EXTERIOR DOOR ELEVATIONS SCALE: 1/4" = 1'-0"2 INTERIOR DOOR ELEVATIONS SCALE: 1/4" = 1'-0"3 WINDOW ELEVATIONS SCALE: 1/4" = 1'-0"4 WINDOW ELEVATIONS EXTERIOR DOOR SCHEDULE INTERIOR DOOR SCHEDULE WINDOW SCHEDULE 323 P 1 SHEET TITLE DESCRIPTION PROJECT NO: LVL.002 COMMENCEMENT DATE: 2/23/2022 DRAWN BY: SPP CHK'D BY: GSY PUBLISHED DATE: 8/31/2022 MARK DATE E-100 REVISIONS PLAN CHECK CORRECTIONS7/26/22 CITY APPROVAL STAMP 72240 UPPER WAY OWNER/APPLICANT :72240 UPPER WAYPALM DESERT, CA 92260 MICHAEL & TREA REILLY OCCUPANCY : PROJECT ADDRESS : SINGLE FAMILY AREA TABULATIONS: PROPOSED GUEST HOUSE:1,103 SQ.FT. TYPE V NON - RATED PALM DESERT, CA 92260 APN # 628-130-007 FEMA FLOOD DESIGNATION: PROJECT AREAS: TOTAL LOT AREA: 220,553.33 SF 100 % EXISTING RESIDENCE & GARAGE:2,873 +/- SF 1.30 EXISTING PAVEMENT: 2,067 +/- SF 0.94% PROPOSED CASITA: 1,103 +/- SF 0.50% PROPOSED PAVEMENT: 2,550 +/- SF 1.16% PROPOSED TOTAL COVERAGE: 8,602 +/- SF 3.90% BUILDING TYPE: RESIDENTIAL BUILDING AREA: 1,103 SF .50% PRIVATE RO D O L F O L I Z A R D E A Guest House Reilly Residence for 72-240 Upper Way Cover SheetC-1 GENERAL Precise Grading Plan1 of 3 Precise Grading Plan2 of 3 Floor PlanA2.0 Roof PlanA2.1 ElvetaionsA3.0 Cover Sheet - LandscapeCS-1 Irrigation PlanIR-1 Irrigation DetailsIR-2 Planting PlanP-1 Planting DetailsP-2 Precise Grading Plan3 of 3 C: \ U s e r s \ S P o r t e r \ D e s k t o p \ S P P De s i g n \ 2 0 2 2 \ L V L . 0 0 2 - Up p e r Wa y \ U p p e r Wa y MA S T E R . p l n 72240 UPPER WAY WEST PALM DESERT, CA 92260 ELECTRICAL PLAN GUEST HOUSE FOR MICHAEL & TREA REILLY STEVEN P. PORTER email: sppdesign@gmail.com PDESIGN 29590 Landau Blvd #1 Cathedral City, CA 92234 telephone: (760) 808-9487 S 1 N W D 1 A-130 4 A-130 3 A-13012'-0" AT LOW POINT 15'-7" AT HIGH POINT 15'-7" AT HIGH POINT 10'-1" AT LOW POINT 200A ELECTRICAL PANEL PHOTOCELL HOSE BIB LAUNDRY LIVING ROOM BATH #1 BEDROOM #1 ENTRY VARIES VARIES COVERED CARPORT VARIES VARIES VARIES VARIES W W 3-WA Y 3-WA Y 3-WA Y 3-WA Y VS VS VS TV GFCI GFCI TV TV WP GFCI WP GFCI 2 A-130 BEDROOM #2 BATH #2 AUTO AUTO LIGHT FIXTURE PER ELECTRICAL PLAN LIGHT FIXTURE PER ELECTRICAL PLAN LIGHT FIXTURE PER ELECTRICAL PLAN LIGHT FIXTURE PER ELECTRICAL PLAN LIGHT FIXTURE PER ELECTRICAL PLAN #' - #" EXTERIOR SOFFITS: PLASTER W/ PAINT FINISH INTERIOR CEILINGS: GYPSUM BOARD W/ PAINT FINISH CEILING HEIGHT INDICATOR LIGHT FIXTURE: 6" RECESSED LED CEILING FAN TO BE SELECTED BY OWNER SINGLE POLE DIMMER SWITCH MOUNTED @ 48" A.F.F. UNLESS NOTED OTHERWISE 120V DUPLEX RECEPTACLE CONVENIENCE OUTLET MOUNTED AT 12" ABOVE FLOOR UNLESS NOTED OTHERWISE (TAMPER RESISTANT) 120V DUPLEX CONVENIENCE RECEPTACLE W/ GROUND FAULT CIRCUIT INTERRUPTER (TAMPER RESISTANT) SWITCH MOUNTED AT 48" A.F.F. UNLESS NOTED OTHERWISE, SINGLE POLE WITH VACANCY SENSORVS GFCI 120V OR 240V WEATHERPROOF DUPLEX RECEPTACLE W/ GROUND FAULT CIRCUIT INTERRUPTER (TAMPER RESISTANT) WP GFCI LIGHT FIXTURE: EXTERIOR WALL SCONCE LIGHT FIXTURE: 6" RECESSED LED, LABELED 'SUITABLE FOR DAMP LOCATIONS' W SMOKE ALARM, ICC APPROVED, CEILING MOUNTED, U.N.O. 110V, INTERCONNECTED AND HARDWIRED, PROVIDED WITH A BATTERY PACK CARBON MONOXIDE, CEILING MOUNTED, U.N.O. 110V, INTERCONNECTED AND HARDWIRED, PROVIDED WITH A BATTERY PACK EXHAUST FAN SCALE: 1/4" = 1'-0"1 ELECTRICAL PLAN LEGEND GENERAL NOTES 1. FOR THE BATHROOM, RECEPTACLE OUTLETS SHALL BE SUPPLIED BY DEDICATED 20 AMP BRANCH CIRCUIT PER CEC 210.11(C)(3). THIS CIRCUIT CANNOT SUPPLY ANY OTHER RECEPTACLES, LIGHTS, FANS, ETC. (EXCEPTION: WHERE THE CIRCUIT SUPPLIES A SINGLE BATHROOM, OUTLETS FOR OTHER EQUIPMENT WITHIN THE SAME BATHROOM SHALL BE ALLOWED). 2. FOR THE KITCHEN, i) A MINIMUM OF TWO 20-AMP DEDICATED CIRCUITS SHALL BE PROVIDED FOR SMALL APPLIANCES. CEC 210.52(C)(3). ii) WALL SPACES ALONG THE KITCHEN COUNTERTOP SHALL BE PROVIDED WITH RECEPTACLES SUCH THAT NO POINT ALONG THE WALL LINE IS MORE THAN 24 INCHES, MEASURED HORIZONTALLY, FROM A RECEPTACLE OUTLET IN THAT SPACE. CEC 210.52(C)(1). iii) ALL 125 VOLT, SINGLE PHASE, 15 AND 20 AMPERE RECEPTACLES ON THE KITCHEN COUNTERTOP TO BE GFCI PROTECTED. CEC 210.8 3. FOR THE LAUNDRY ROOM, LAUNDRY RECEPTACLE OUTLET TO BE SUPPLIED BY A DEDICATED 20 AMP BRANCH CIRCUIT PER CEC 210.11(C)(2). 4. FOR RECEPTACLES, LOCATED OUTDOORS, SHALL BE GFCI PROTECTED AND WEATHERPROOF PER CEC 210.8 AND 406.9(B). 5. ALL 120-VOLT, SINGLE PHASE, 15 AND 20 AMPERE BRANCH CIRCUITS SUPPLYING OUTLETS INSTALLED IN DWELLING UNIT KITCHEN, FAMILY ROOMS, DINING ROOMS, LIVING ROOMS, PARLORS, LIBRARIES, DENS, BEDROOMS, SUNROOMS, RECREATION ROOMS, CLOSETS, HALLWAYS, OR SIMILAR ROOMS OR AREAS SHALL BE PROTECTED BY A LISTED ARC-FAULT CIRCUIT INTERRUPTER. 6. ALL 125-VOLT, 15 AND 20 AMPERE RECEPTACLE OUTLETS SHALL BE LISTED TAMPER-RESISTANT RECEPTACLES PER CEC 406.12. 7. SPECIFY ALL INSTALLED LUMINAIRES TO BE HIGH-EFFICACY IN ACCORDANCE WITH CENERGYC TABLE 150.0-A. CENERGYC 150(k)(1)(A). 8. AT BATHROOMS, GARAGES, AND LAUNDRY ROOMS, SPECIFY AT LEAST ONE LUMINAIRE IN EACH OF THESE SPACES TO BE CONTROLLED BY A VACANCY SENSOR PER CENERGYC TABLE 150(K)(2)(1). 9. FOR RECESSED LUMINAIRES, SPECIFY FIXTURES TO BE LISTED FOR ZERO CLEARANCE INSULATION CONTACT (IC) BY UL OR OTHER NATIONALLY RECOGNIZED TESTING/RATING LABORATORY. CEC 150(K)(1)(C). 10. SPECIFY LUMINAIRES THAT ARE NOT CONTROLLED BY OCCUPANCY OR VACANCY SENSORS TO HAVE DIMMING CONTROLS. CENERGY TABLE 150(K)(2)(J). 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 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: 760-776-6483 PLANNING@PALMDESERT.GOV CITY OF PALM DESERT PUBLIC HEARING NOTICE CASE NO. PP 24-0005 NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, FOR THE APPROVAL OF A HILLSIDE DEVELOPMENT PLAN TO CONSTRUCT A DETACHED GUESTHOUSE AT 72240 WEST UPPER WAY 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 that this project is Categorically Exempt from CEQA review in accordance with CEQA Guidelines Section 15303: Class 3 (New Construction or Conversion of Small Structures). The City Council will consider this determination at the hearing. PROJECT LOCATION: 72240 West Upper Way, Palm Desert, CA 92260 (APN: 628-130-007). PROJECT DESCRIPTION: The project applicant, Michael Reilly, is requesting a Hillside Development Plan to construct a detached, single-story, 1,103 square-foot residential guesthouse on a property developed with an existing residential dwelling. The project is an amendment to previously approved PP 21-0005. PUBLIC HEARING: NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Desert, California, will hold a Public Hearing at its meeting on October 10, 2024. The City Council meeting begins at 6:00 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/departments/city-manager-s- office/city-clerk/committee-calendar. REVIEW OF PROJECT INFORMATION: Information concerning the proposed lease rate and licensing requires is available for review in the Office of the City Clerk at 73510 Fred Waring Drive, Palm Desert, California during regular business hours and on the City’s website at https://www.palmdesert.gov/our-city/mayor-and-city-council-/city-council-meeting-information- center COMMENT ON THIS APPLICATION: Response to this notice may be made as follows: Written comments may be submitted to the City Council by letter to the address below or email at CouncilMeetingComments@palmdesert.gov. Transmittal prior to the start of the meeting is required. Any correspondence received during or after the meeting will be distributed to the City Council as soon as practicable and retained for the official record. Any challenge of the proposed project in court may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior, to the public hearing. (Government Code Section 65009[b][2]). Si necesita ayuda con esta notificación, por favor llame a la Ciudad de Palm Desert y comuníquese con Gloria Sanchez (760) 346-0611 ext. 354 PUBLISH: THE DESERT SUN ANTHONY MEJIA SEPTEMBER 27, 2024 CITY CLERK 341 342 From:Stephania Denton To:Carlos Flores Subject:Case No. PP 24-0005 Date:Tuesday, August 27, 2024 1:10:27 PM Dear Mr. Flores I am writing because I received a copy of a Public Hearing Notice for a guest house proposed to be built at 72240 West Upper Way in Palm Desert. I live full-time at 72700 Bel Air Rd., just below the hill from the proposed construction. I am writing to express my strong support for this proposed guest house. I reviewed the plans, and it appears to me that this particular project promises a stunning design that harmonizes with the natural landscape and uses appropriate materials that reflect our area’s beauty. It looks like the project was changed so that the guest house is placed even further back, and away, from the cliff area on the buildable lot, so it will be virtually invisible from Highway 74, and my house as I look up to the hill. In addition, several times a week, I hike the Cross trail and I descend down the back side walking along West Upper Way road. Currently, the land where the guest house is proposed is just a mound of dirt. If the guest house is not built, then the area will remain ugly. Thank you for allowing me the opportunity to provide comment. Stephania Denton 206-300-1323 343 344 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: October 10, 2024 PREPARED BY: Joe Barron, Senior Contracts and Grants Analyst Veronica Chavez, Director of Finance SUBJECT: ADOPT SUBSTANTIAL AMENDMENT TO ANNUAL ACTION PLAN FOR PROGRAM YEAR 2020 COMMUNITY DEVELOPMENT BLOCK GRANT RECOMMENDATION: 1. Conduct the public hearing and receive public testimony. 2. Adopt the Substantial Amendment to PY 2020 Annual Action Plan. 3. Authorize the Director of Finance to appropriate $176,000 to CDBG Program Expenditure Account No. 2204649-4400100, Palma Village Park Capital Project. 4. Approve the Project agreement amendment with the Joslyn Center. BACKGROUND/ANALYSIS: The Community Development Block Grant (CDBG) is a grant program administered by the U.S. Department of Housing and Urban Development (HUD). The program funds activities that provide decent housing, create suitable living environments, and expand economic opportunities for low- and moderate-income people. To receive CDBG Program funds, the City of Palm Desert is required to submit an Annual Action Plan to HUD. The Action Plan outlines eligible activities selected for CDBG funding, including CDBG-CV funds in Program Year (PY) 2020, which were used for to prevent, prepare for, and respond to Coronavirus (COVID-19), as authorized by the Coronavirus Aid, Relief, and Economic Security (CARES) Act. On May 28, 2020, City Council approved the first CDBG-CV allocation of $241,144 and the second round of funding was approved on November 19, 2020, in the amount of $610,230. The Action Plan being amended represents the third year of the Program Year 2018-2022 Consolidated Plan. The City received $409,861 in CDBG funds in Program Year 2020, plus a CDBG-CV allocation of an additional $851,374. This substantial amendment to the City of Palm Desert’s PY 2020 Annual Action Plan is to increase funding in the Facilities Improvements Project to include increases for the Palma Village Park Project (an overall increase of an additional $176K) and The Joslyn Center ADA Restroom Project (an overall project increase of $69K). Funding has been reallocated from the program allocations due to underutilization of the CDBG- CV funds. The Joslyn Center plays a critical role in supporting the City’s senior population. Ensuring accessible restrooms for staff and clients is vital to avoid disruptions to essential services and therefore qualifies for use of the CDBG-CV funds. Additionally, CDBG-CV funds are intended to support projects that promote social distancing, such as the Palma Village Park project. 345 City of Palm Desert PY20 CDBG Substantial Amendment Page 2 of 2 Enhancing parks ensures Palm Desert residents have access to open spaces, which is crucial in the event of future restrictions similar to those seen during the COVID-19 pandemic. Both projects maintain the required COVID-19 tieback, as stipulated by the funding entity. During the development of the PY2020 Annual Action Plan and both subsequent Substantial Amendments, the Council has held a public hearing to receive public comments pursuant to the Housing and Community Development Act of 1974 as amended and the Community Development Block Grant (CDBG) Program regarding the PY 2020 Action Plan. A 30-day notice of the substantial amendment was posted in The Desert Sun on September 09, 2024 and on the City’s website (https://www.cityofpalmdesert.org/departments/special- programs/community-development-block-grant-cdbg). The 30-day comment period began September 09, 2024, and ends October 10, 2024. A 10 -day advance notice of action was also posted on September 27, 2024, announcing this public hearing. Both notices were published in the Desert Sun. Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: Costs for CDBG projects are eligible for 100% reimbursement from HUD, so there is no impact to the General Fund with this action. ATTACHMENTS: 1. Annual Action Plan PY 2020 CDBG Substantial Amendment No. 3 2. Draft- The Joslyn Center Amendment 346 DRAFT Substantial Amendment CDBG Annual Action Plan PY 2020 1 OMB Control No: 2506-0117 (exp. 09/30/2021) This Action Plan Amendment increases funding for two existing activities by reprogramming CDBG funds from Program Year (PY) 2020 and unprogrammed funds from PY 2018. The substantial amendment includes a -$62 adjustment per HUD.3-29-23 – The purpose of this Substantial Amendment #2 to the City of Palm Desert's FY 2020-21 Annual Action Plan is to reallocate $142,490 from Palma Village Sidewalk Improvement project to Palma Village Park Improvement project. The Palma Village Sidewalk Improvement project has been cancelled. The City Council approved this on 1/26/2023.Proposed Substantial Amendment 3 (Draft July 2024) to the City of Palm Desert's FY 2020-21 Annual Action Plan is to reallocate resources to new newly identified activities that have appropriate PPE tieback due to a lapse and ultimate close out in previously approved projects. Council will consider this Amendment for approval at their first meeting in October of 2024. Executive Summary AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) 1. Introduction In order to receive Community Development Block Grant (CDBG) Program funds, the City of Palm Desert (City) is required to submit an Annual Action Plan (Action Plan) to the U.S. Department of Housing and Urban Development (HUD). The Action Plan outlines eligible activities selected to fund with CDBG funds in Program Year 2020. The Action Plan represents the third year of the Program Year 2018-2022 Consolidated Plan (Consolidated Plan). The City will receive $409,923 in CDBG funds in Program Year 2020. The Action Plan utilizes the statutory waivers provided in the CARES Act as well. 2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items or a table listed elsewhere in the plan or a referen ce to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan. The Action Plan is intended to fund high-priority community needs identified during the annual Citizen Participation Plan process while aligning with the following goals of the previously-approved Consolidated Plan: support efforts to combat homelessness; enhance public facilities; provide support for public service programs; and increase fair housing activities. 3. Evaluation of past performance 347 DRAFT Substantial Amendment CDBG Annual Action Plan PY 2020 2 OMB Control No: 2506-0117 (exp. 09/30/2021) This is an evaluation of past performance that helped lead the grantee to choose its goals or projects. A performance evaluation is annually performed through HUD’s review of the Consolidated Annual Performance and Evaluation Report (CAPER). This document states the objectives and outcomes identified in each Action Plan and includes an evaluation of past performance through measurable goals and objectives relative to actual performance. Prior documents can be found at the Palm Desert City Hall. 4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan. On January 9, 2020, the City commenced its citizen participation process by holding a public hearing before the City Council to provide an opportunity for the public to comment on and community needs. Concurrently, the City began soliciting proposals to potentially fund nonprofit organizations for public services and public facilities and improvements. The City also held a community meeting to provide an overview of the CDBG Program and technical assistance on February 6, 2020. On March 13, 2020, the City’s Outside Agency Funding Committee (Committee) convened to review and discuss CDBG funding recommendations. The Committee recommended approval of the CDBG funding recommendations, as presented. The City held a public comment period from March 20, 2020, through April 22, 2020. On April 16, 2020, the City Council held a public hearing to accept public comment and consider the Action Plan. However, City staff revised its recommendation to open and close the public hearing without further action because of the CARES Act allocation (CDBG-CV) and statutory waivers. Since the statutory waivers remove the 15% public services cap, the City solicited proposals again to potentially fund nonprofit organizations to prevent, prepare for, and respond to the coronavirus. On May 14, 2014, the City Council considered the concept of an Emergency Rental Assistance Program as a result of the coronavirus. The City Council approved policy guidelines that allowed staff to begin taking administrative steps to create the program expeditiously. On May 20, 2020, the Committee convened again to review and discuss the revised CDBG funding recommendations. The Committee recommended approval of the revised CDBG funding recommendations, as presented. While the statutory waivers allow for a five-day public comment period, the City held its from May 22, 2020, through May 31, 2020. On May 28, 2020, the City Council held a public hearing and subsequently approved the Action Plan, as presented. 348 DRAFT Substantial Amendment CDBG Annual Action Plan PY 2020 3 OMB Control No: 2506-0117 (exp. 09/30/2021) As part of the 3rd Substantial Amendment process the City followed it's Citizen Participation Plan and issued a Public Notice opening a 30 day public comment period followed by a public hearing. The Council will take action on the proposed 3rd Substantial Amendment at their 1st meeting in October of 2024. 5. Summary of public comments This could be a brief narrative summary or reference an attached d ocument from the Citizen Participation section of the Con Plan. The City did not receive any public comments. 6. Summary of comments or views not accepted and the reasons for not accepting them The City did not receive any public comments. 7. Summary This Action Plan identifies CDBG-eligible activities selected by the City to fund this program year. These activities align with the goals and outcomes identified in the Consolidated Plan. Also, these activities are administered by both the City as the grantee and nonprofit organizations as subrecipients. This Action Plan enables the City to examine high-priority community needs; to propose activities that effectively utilize resources to address those needs; and to improve the quality of life for low and moderate-income persons. 349 DRAFT Substantial Amendment CDBG Annual Action Plan PY 2020 4 OMB Control No: 2506-0117 (exp. 09/30/2021) PR-05 Lead & Responsible Agencies – 91.200(b) 1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each g rant program and funding source. Agency Role Name Department/Agency Lead Agency PALM DESERT CDBG Administrator City Manager's Office / City of Palm Desert HOPWA Administrator HOME Administrator HOPWA-C Administrator Table 1 – Responsible Agencies Narrative (optional) Consolidated Plan Public Contact Information Mr. Joe Barron 350 DRAFT Substantial Amendment CDBG Annual Action Plan PY 2020 5 OMB Control No: 2506-0117 (exp. 09/30/2021) Sr. Contracts and Grants Analyst 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 776-6335 jbarron@palmdesert.gov 351 DRAFT Substantial Amendment CDBG Annual Action Plan PY 2020 6 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-10 Consultation – 91.100, 91.200(b), 91.215(l) 1. Introduction The City followed its HUD-approved Citizen Participation Plan to consult with the public, nonprofit organizations, governmental agencies, and other stakeholders to prepare the Action Plan as required by 24 CRF 91.100. The City's utilized the statutory waivers provided in the CARES Act as well. Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l)) On January 9, 2020, the City commenced its citizen participation process by holding a public hearing before the City Council to provide an opportunity for the public to comment on and community needs. Concurrently, the City began soliciting proposals to potentially fund nonprofit organizations for public services and public facilities and improvements. The City also held a community meeting to provide an overview of the CDBG Program and technical assistance on February 6, 2020. On March 13, 2020, the City’s Outside Agency Funding Committee (Committee) convened to review and discuss CDBG funding recommendations. The Committee recommended approval of the CDBG funding recommendations, as presented. The City held a public comment period from March 20, 2020, through April 22, 2020. On April 16, 2020, the City Council held a public hearing to accept public comment and consider the Action Plan. However, City staff revised its recommendation to open and close the public hearing without further action because of the CARES Act allocation (CDBG-CV) and statutory waivers. Since the statutory waivers remove the 15% public services cap, the City solicited proposals again to potentially fund nonprofit organizations to prevent, prepare for, and respond to the coronavirus. On May 14, 2014, the City Council considered the concept of an Emergency Rental Assistance Program as a result of the coronavirus. The City Council approved policy guidelines that allowed staff to begin taking administrative steps to create the program expediously. On May 20, 2020, the Committee convened again to review and discuss the revised CDBG funding recommendations. The Committee recommended approval of the revised CDBG funding recommendations, as presented. While the statutory waivers allow for a five-day public comment period, the City held its from May 22, 2020, through May 31, 2020. On May 28, 2020, the City Council held a public hearing and subsequently approved the Action Plan. 352 DRAFT Substantial Amendment CDBG Annual Action Plan PY 2020 7 OMB Control No: 2506-0117 (exp. 09/30/2021) Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. The City is actively involved in multiple activities to address the needs of homeless persons, which include coordination with the Continuum of Care. For example, the City is involved in regional coordination efforts between stakeholders throughout the Coachella Valley and Riverside County. The City has historically funded homelessness services coordinated regionally through the Coachella Valley Association of Governments (CVAG). For years, the City contributed funds to CVAG for the operation of Roy's Desert Resource Center, which permanently closed in July 2017. Since then, CVAG has allocated its regional financial commitments for other homelessness services. The City recently made another financial commitment in the amount of $100,000 to CVAG to continue to implement homelessness services. A summary of accomplishments can be found at City Hall. The City previously budgeted General Fund revenue for its own homelessness program as well. City and County staff have since developed a program that has a primary focus on homelessness locally. The program contracts with the Riverside University Health System to provide a Behavioral Health Specialist and a Mental Health Peer Support Specialist in Palm Desert to focus on providing homelessness services. The agreement commences on July 1, 2019, and ends December 31, 2020. Please note the County of Riverside coordinates the Continuum of Care. Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and eva luate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The City does not receive Emergency Solutions Grant (ESG) funds. 2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities 353 DRAFT Substantial Amendment CDBG Annual Action Plan PY 2020 8 OMB Control No: 2506-0117 (exp. 09/30/2021) Table 2 – Agencies, groups, organizations who participated 1 Agency/Group/Organization Fair Housing Council of Riverside County, Inc., Agency/Group/Organization Type Service-Fair Housing What section of the Plan was addressed by Consultation? Fair Housing Services Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The agency was invited to multiple meetings and submitted an application for CDBG funds. 3 Agency/Group/Organization DESERT ARC Agency/Group/Organization Type Services-Persons with Disabilities What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The agency was invited to multiple meetings and submitted an application for CDBG funds. 4 Agency/Group/Organization Cove Communities Senior Association dba The Joslyn Center Agency/Group/Organization Type Services-Elderly Persons What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The agency was invited to multiple meetings and submitted an application for CDBG funds. Identify any Agency Types not consulted and provide rationale for not consulting Not applicable. 354 DRAFT Substantial Amendment CDBG Annual Action Plan PY 2020 9 OMB Control No: 2506-0117 (exp. 09/30/2021) Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care County of Riverside Public services that assist homeless persons Americans with Disabilities Act U.S. Department of Justice, Civil Rights Division Public facilities and improvements projects overlap with ADA goals Table 3 – Other local / regional / federal planning efforts Narrative (optional) 355 Annual Action Plan 2020 10 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-12 Participation – 91.105, 91.200(c) 1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal -setting The City followed its approved Citizen Participation Plan to conduct public hearings and community outreach while developing the Action Plan. The City utilized the statutory waivers in the CARES Act as well. On January 9, 2020, the City commenced its citizen participation process by holding a public hearing before the City Council to provide an opportunity for the public to comment on and community needs. Concurrently, the City began soliciting proposals to potentially fund nonprofit organizations for public services and public facilities and improvements. The City also held a community meeting to provide an overview of the CDBG Program and technical assistance on February 6, 2020. On March 13, 2020, the City’s Outside Agency Funding Committee (Committee) convened to review and discuss CDBG funding recommendations. The Committee recommended approval of the CDBG funding recommendations, as presented. The City held a public comment period from March 20, 2020, through April 22, 2020. On April 16, 2020, the City Council held a public hearing to accept public comment and consider the Action Plan. However, City staff revised its recommendation to open and close the public hearing without further action because of the CARES Act allocation (CDBG-CV) and statutory waivers. Since the statutory waivers remove the 15% public services cap, the City solicited proposals again to potentially fund nonprofit organizations to prevent, prepare for, and respond to the coronavirus. On May 14, 2020, the City Council considered the concept of an Emergency Rental Assistance Program as a result of the coronavirus. The City Council approved policy guidelines that allowed staff to begin taking administrative steps to create the program expediously. On May 20, 2020, the Committee convened again to review and discuss the revised CDBG funding recommendations. The Committee recommended approval of the revised CDBG funding recommendations, as presented. While the statutory waivers allow for a five-day public comment period, the City held its from May 22, 2020, through May 31, 2020. 356 Annual Action Plan 2020 11 OMB Control No: 2506-0117 (exp. 09/30/2021) The City ensures that all public hearings are held at times and locations convenient to the public and with accommodations for persons with disabilities. Upon request, in advance of meetings, the City will attempt to make accommodations for those individuals in need of special assistance. The City also provides technical assistance workshops as requested by the nonprofit organizations participating in the CDBG program. As part of the 3rd Substantial Amendment process the City followed it's Citizen Participation Plan and issued a Public Notice opening a 30 day public comment period followed by a public hearing. The Council will take action on the proposed 3rd Substantial Amendment at their 1st meeting in October of 2024. Citizen Participation Outreach Sort Order Mode of Outreach Target of Outreach Summary of response/attendance Summary of comments received Summary of comments not accepted and reasons URL (If applicable) 1 Public Hearing Non- targeted/broad community 30 0 0 2 Public Hearing Non- targeted/broad community 30 0 0 3 Public Meeting Nonprofit Agencies 0 0 0 4 Public Meeting Non- targeted/broad community 8 0 0 357 Annual Action Plan 2020 12 OMB Control No: 2506-0117 (exp. 09/30/2021) Sort Order Mode of Outreach Target of Outreach Summary of response/attendance Summary of comments received Summary of comments not accepted and reasons URL (If applicable) 5 Newspaper Ad Non- targeted/broad community 0 0 0 6 Newspaper Ad Non- targeted/broad community 0 0 0 7 Newspaper Ad Minorities Non-English Speaking - Specify other language: Spanish TBD- SA3 TBD- SA3 TBD- SA3 8 Newspaper Ad Non- targeted/broad community TBD- SA3 TBD- SA3 TBD- SA3 9 Public Hearing Non- targeted/broad community TBD- SA3 TBD- SA3 TBD- SA3 Table 4 – Citizen Participation Outreach 358 Annual Action Plan 2020 13 OMB Control No: 2506-0117 (exp. 09/30/2021) Expected Resources AP-15 Expected Resources – 91.220(c)(1,2) Introduction The City will receive $409,861 in CDBG funds in Program Year 2020. Anticipated Resources Program Source of Funds Uses of Funds Expected Amount Available Year 1 Expected Amount Available Remainder of ConPlan $ Narrative Description Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ CDBG public - federal Acquisition Admin and Planning Economic Development Housing Public Improvements Public Services 409,861 0 0 409,861 800,000 Table 5 - Expected Resources – Priority Table Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied The City receives a small allocation of CDBG funds annually relative to other HUD entitlement communities. As a result, there are minimal funds 359 Annual Action Plan 2020 14 OMB Control No: 2506-0117 (exp. 09/30/2021) formally leveraged, but it’s worth noting that each nonprofit organization funded contributes additional resources to implement their activities. The City does not require subrecipients to match funds. 360 Annual Action Plan 2020 15 OMB Control No: 2506-0117 (exp. 09/30/2021) If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan The City will continue to allocate CDBG funding and other sources of funding when and where available to meet community needs. Activities will be targeted that address goals and objectives identified in the Consolidated Plan. Discussion The City anticipates budgeting $81,738 for program administration; $208,123 for public services; and $228,490 for public facilities and improvements. 361 Annual Action Plan 2020 16 OMB Control No: 2506-0117 (exp. 09/30/2021) Annual Goals and Objectives AP-20 Annual Goals and Objectives Goals Summary Information Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 1 Support efforts to combat homelessness 2018 2022 Homeless Citywide Homelessness CDBG: $28,023 Homelessness Prevention: 8 Persons Assisted 2 Enhance public facilities 2018 2022 Non-Housing Community Development Citywide Special Needs Populations Low-to-Moderate Income Housing Public Facilities CDBG: $120,000 Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit: 2405 Persons Assisted 3 Provide support for public service programs 2018 2022 Non-Homeless Special Needs Citywide Homelessness Fair Housing CDBG: $140,000 Public service activities other than Low/Moderate Income Housing Benefit: 731 Persons Assisted 5 Increase fair housing activities 2018 2022 Citywide Fair Housing CDBG: $40,100 Public service activities for Low/Moderate Income Housing Benefit: 475 Households Assisted Table 6 – Goals Summary 362 Annual Action Plan 2020 17 OMB Control No: 2506-0117 (exp. 09/30/2021) Goal Descriptions 1 Goal Name Support efforts to combat homelessness Goal Description 2 Goal Name Enhance public facilities Goal Description 3 Goal Name Provide support for public service programs Goal Description The City is funding two public services agency to prevent, prepare for, or respond to the coronavirus. 5 Goal Name Increase fair housing activities Goal Description 363 Annual Action Plan 2020 18 OMB Control No: 2506-0117 (exp. 09/30/2021) Projects AP-35 Projects – 91.220(d) Introduction The City will fund CDBG-eligible activities, including public services, public facilities and improvements, and program administration. The cap for program administration is based upon the Program Year 2020 CDBG allocation of $409,861. Projects # Project Name 1 Program Administration 2 Public Services 3 Public Facilities and Improvements Table 7 - Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs The City identifies its highest priority needs during its citizen participation process every year and the Consolidated Plan process every five years. Activities are funded annually taking into consideration these highest priority needs. The primary obstacle to address underserved needs in the community is the lack of resources to provide a greater level of assistance. 364 Annual Action Plan 2020 19 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-38 Project Summary Project Summary Information 365 Annual Action Plan 2020 20 OMB Control No: 2506-0117 (exp. 09/30/2021) 1 Project Name Program Administration Target Area Citywide Goals Supported Support efforts to combat homelessness Enhance public facilities Provide support for public service programs Increase fair housing activities Needs Addressed Homelessness Special Needs Populations Low-to-Moderate Income Housing Public Facilities Fair Housing Funding CDBG: $81,800 Description Program Administration ($81,738) Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities N/A Location Description City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260 Planned Activities Grant Administration - $81,738 2 Project Name Public Services Target Area Citywide Goals Supported Provide support for public service programs Needs Addressed Special Needs Populations Low-to-Moderate Income Housing Fair Housing Funding CDBG: $905,808 Description Target Date 6/30/2021 366 Annual Action Plan 2020 21 OMB Control No: 2506-0117 (exp. 09/30/2021) Estimate the number and type of families that will benefit from the proposed activities Emergency Rental Assistance Program ($28,023): 40 households Fair Housing Council of Riverside County ($40,100): 475 persons The Josyln Center ($80,000): 250 persons Desert Arc ($60,000): 481 persons Location Description Emergency Rental Assistance Program ($28,023): 74501 Fred Waring Drive, Palm Desert, CA 92260 Fair Housing Council of Riverside County ($40,100): 4164 Brockton Avenue, Riverside, CA 92501 The Josyln Center ($80,000): 73750 Catalina Way, Palm Desert, CA 92260 Desert Arc ($60,000): 73225 Country Club Drive, Palm Desert, CA 92260 367 Annual Action Plan 2020 22 OMB Control No: 2506-0117 (exp. 09/30/2021) Planned Activities Emergency Rental Assistance Program ($28,023): The City will select a subrecipient to manage an Emergency Rental Assistance Program for low and moderate-income persons impacted by the coronavirus. These CDBG funds complement additional CDBG-CV funding as part of a Program Year 2019 Action Plan Amendment. Fair Housing Council of Riverside County ($40,100): The subrecipient provides fair housing services throughout Riverside County, which is a requirement as a recipient of HUD funds. The Josyln Center ($80,000): The subrecipient provides numerous services for seniors, including social and health/wellness programs. Because of the coronavirus, the agency has faced a substantial financial reduction due to cancelled fundraisers, losses in class and activity fees, declining renewal and new memberships, and other reasons. The agency continues to facilitate essential services such as home delivered meals, food pantry activities and counseling services. The agency requests funds to sustain the Joslyn Wellness Center, which provides counseling and other wellness-related activities for seniors. The agency requests funds mostly to sustain staffing and other activity costs. Desert Arc ($60,000): The agency enhances the quality of life and creates opportunities for people with disabilities. Because of the coronavirus, the agency has faced a substantial financial reduction due to cancelled fundraisers, reduced revenue-generating programs and other reasons. The agency is developing a re-opening plan that includes a phased approach to get clients back onsite. Implementing the plan is costly, and includes conducting staff training, purchasing personal protective equipment, and other costs. The agency requests funds to sustain staffing levels and implement activities relating to the re- opening plan. 3 Project Name Public Facilities and Improvements Target Area Citywide Goals Supported Enhance public facilities Needs Addressed Low-to-Moderate Income Housing Public Facilities Funding CDBG: $527,490 Description Target Date 6/30/2021 368 Annual Action Plan 2020 23 OMB Control No: 2506-0117 (exp. 09/30/2021) Estimate the number and type of families that will benefit from the proposed activities City of Palm Desert - Palma Village Neighborhood Park Improvements ($316,000 proposed increase of $175k as part of SA3): 2,405 persons City of Palm Desert - Palma Village Neighborhood Sidewalk Improvements ($142,490): 2,405 persons Joslyn Center ADA Improvements ($69,000 proposed as part of SA3): 500 persons Location Description City of Palm Desert - Palma Village Neighborhood Park Improvements ($316,000 proposed increase of $175k as part of SA3): 2,405 persons City of Palm Desert - Palma Village Neighborhood Sidewalk Improvements ($142,490): 2,405 persons Joslyn Center ADA Improvements ($69,000 proposed as part of SA3): 500 persons Planned Activities City of Palm Desert - Palma Village Neighborhood Park Improvements: The City has a CDBG-eligible census tract bound by Fred Waring Drive (north), Highway 111 (south), San Pablo Avenue (west) and Portola Avenue (east). The City requests funds to construct improvements at Palma Village Park. City staff anticipates conducting a neighborhood meeting to identify the types of improvements desired by the residents as well. City of Palm Desert - Palma Village Neighborhood Sidewalk Improvements: The City has a CDBG-eligible census tract bound by Fred Waring Drive (north), Highway 111 (south), San Pablo Avenue (west) and Portola Avenue (east). The City requests funds to construct improvements in areas missing sidewalks within the neighborhood. Neighborhood sidewalk connectivity complements the project located off San Pablo Avenue as well. Joslyn Center- ADA Restroom Improvements 2024: As part of the 3rd Substantial Amendment the City proposes to allocate CV resources to the Senior Center for rehab of their restrooms. The Joslyn Center acts as a testing site, displacement center, anc cooling center during crisis. 369 Annual Action Plan 2020 24 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-50 Geographic Distribution – 91.220(f) Description of the geographic areas of the entitlement (including areas of low -income and minority concentration) where assistance will be directed The City is located in Riverside County; particularly, the Coachella Valley. Historically, the City has not had any low- and moderate-income census tracts; however, the City now has two eligible census tracts as of recently (ACS data). Program Year 2020 CDBG funds will be used for low- and moderate-income clientele (or presumed benefit). Geographic Distribution Target Area Percentage of Funds Citywide 100 Table 8 - Geographic Distribution Rationale for the priorities for allocating investments geographically The City has not historically funded CDBG activities based upon geographic areas since there have not been eligible low and moderate-income census tracts; however, HUD recently revised the census criteria used to determine eligibility. As a result, the City now has two CDBG-eligible census tracts. City staff is currently exploring the possibility of a Section 108 Loan for City Council’s consideration in subsequent program years. Discussion Not applicable. 370 Annual Action Plan 2020 25 OMB Control No: 2506-0117 (exp. 09/30/2021) Affordable Housing AP-55 Affordable Housing – 91.220(g) Introduction The Palm Desert Housing Authority (Authority) owns and operates approximately 1,114 multi-family housing units, and an additional approximately 564 units that are owned and operated by third parties. There are an additional 303 ownership units for very low, low and moderate income households under the Authority’s affordable housing portfolio. One Year Goals for the Number of Households to be Supported Homeless 0 Non-Homeless 1,981 Special-Needs 0 Total 1,981 Table 9 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 1,981 The Production of New Units 0 Rehab of Existing Units 0 Acquisition of Existing Units 0 Total 1,981 Table 10 - One Year Goals for Affordable Housing by Support Type Discussion Not applicable 371 Annual Action Plan 2020 26 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-60 Public Housing – 91.220(h) Introduction The City will not undertake activities that address public housing in the program year. Actions planned during the next year to address the needs to public housing Not applicable. The City does not own nor operate public housing. Actions to encourage public housing residents to become more involved in management and participate in homeownership Not applicable. The City does not own nor operate public housing. If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance Not applicable. The City does not own nor operate public housing. Discussion Not applicable. The City does not own nor operate public housing. 372 Annual Action Plan 2020 27 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction The City will continue to work with nonprofit organizations, government agencies, and other stakeholders to fund activities that help prevent and reduce homelessness. Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The City operates a Homelessness Assistance Program that began July 1, 2019. The City contracted with the Riverside University Health System (i.e., County of Riverside) to provide two full-time staff members to provide continual outreach and case management for homeless persons in Palm Desert. In Program Year 2019, the City funded Path of Life Ministries with CDBG funds to assist with bridge/temporary housing to complement the City's Homelessness Assistance Program. Addressing the emergency shelter and transitional housing needs of homeless persons The Housing First approach adopted by the County and CoC requires that homeless are helped into permanent housing or rapid re-housing as soon as possible. Transitional housing beds have begun to decrease countywide and permanent housing is increasing because of reallocations made in the HUD CoC Program Consolidated Application and the CoC’s success in obtaining new funding for permanent supportive housing. Both transitional housing and emergency shelters focus on lessening the time that a homeless person or family’s length of time homeless (LOTH) in the shelter by effective and quick assessment of homeless clients and getting them stabilized into permanent housing with intensive case management initially and support in the initial phase of residency in permanent housing. This period will serve as a time to address the other needs to maintain self-sufficiency either by accessing mainstream benefits, employment or medical or mental health support. The CoC collaborates with the City and other stakeholders to integrate CoC programs, Emergency Solutions Grant (ESG), Social Services to Veteran Families (SSVF), and CDBG funding to increase the number of persons with rapid re-housing assistance. Also, other non-McKinney-Vento funding sources, such as Emergency Food and Shelter Program (EFSP), funded under Federal Emergency Management Agency (FEMA) will be matched as a source for rental / mortgage assistance for families that are homeless or at-risk of homelessness in the County’s strategy to meet this goal. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that 373 Annual Action Plan 2020 28 OMB Control No: 2506-0117 (exp. 09/30/2021) individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again The CoC implemented a Coordinated Entry System (CES) to assess homeless persons using the VI-SPDAT that tracks the length of time a client has been on the streets or in an emergency shelter. DPSS uses HUD’s CoC Program planning grant funding to measure system-wide performance in HMIS, such as length of time homeless. This is used to help the CoC prioritize and house those with longest length of time homeless. The planning process also included working with the CoC Standards and Evaluation Committee to continue developing strategies to prioritize persons with longest time homeless and most severe needs, including: The CoC has also adopted a Housing First approach that is evidenced-based and endorsed by HUD to place a homeless person in permanent housing and provide supportive services intended to keep them stably housed. Homeless CoC youth providers have implemented outreach and service based events in the communities to draw homeless youth, unaccompanied and transitional age into contact with services available to them. The Operation SafeHouse is the only CoC youth provider that has opened a permanent supportive housing program called the Harrison House, which is for transitional age youth, in the eastern desert region of Riverside County. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being disc harged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs. The CoC Discharge Policy is mandated by the State and followed by the CoC. The CoC established a Discharge Planning Committee, responsible for implementing policies and protocols and coordinating with various organizations, to ensure that persons being discharged from a publicly-funded institution or system of care are not discharged immediately into homelessness. The goals are to identify discharge housing needs inclusive of housing and supportive services and to link the individual with community resources that will include mental health services, substance abuse support, and housing. The Hospital Association of Southern California Inland Area serves as the lead agency on the Discharge Planning Committee to facilitate communication regarding the discharge planning needs of homeless persons from acute care hospitals. The Riverside County University Health System – Behavioral Health, collaborates with DPSS and the CoC in the coordination and implementation of discharge planning for homeless individuals disabled by a serious mental health and/or substance abuse disorder(s). Foster Care and extended foster care programs help transition dependent youth who are emancipating from 374 Annual Action Plan 2020 29 OMB Control No: 2506-0117 (exp. 09/30/2021) foster care to independent living. The Department of Public Social Services, Riverside Sheriff’s, and Probation Department support the Continuum of Care’s mission of working towards reintegrating persons leaving correctional facilities to community-based living and self-sufficiency. Discussion Not applicable. 375 Annual Action Plan 2020 30 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-75 Barriers to affordable housing – 91.220(j) Introduction: The City does not plan to undertake any activities this program year to remove barriers to affordable housing. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affec ting the return on residential investment The City does not plan to undertake any activities this program year to remove barriers to affordable housing. Discussion: Not applicable. 376 Annual Action Plan 2020 31 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-85 Other Actions – 91.220(k) Introduction: The City will continue to work with various stakeholders to meet the needs of its residents that remain in-need of CDBG-eligible activities consistent with Consolidated Plan goals. Actions planned to address obstacles to meeting underserved needs The City will continue to work toward the reduction/elimination of obstacles to meet underserved needs through the funding of various organizations that are established to provide direct services to those in need. The City is not equipped to provide direct services; therefore, funding organizations that do is essential to our success in addressing the identified goals and objectives. The City will continue to partner with service providers to address obstacles and address barriers that exist. In addition, the City works with the County of Riverside, the CoC, local agencies, nonprofits, etc. to address various aspects related to CoC programs and activities, as well as obstacles that face the underserved in general. However, the CoC addresses issues relative to homelessness, mental and physical illnesses, domestic violence, etc. and has a wide range of members where collaboration in other areas is an option. Through these working relationships, obstacles such as lack of communication between agencies, improved services, limited resources, tracking and monitoring, and other needed resources are obtained, gaps in services are better identified, and there is a more cohesive approach to identifying and resolving issues. Actions planned to foster and maintain affordable housing The City and the Palm Desert Housing Authority will continue to maintain the existing affordable housing stock through the funding sources identified previously; however, as noted with the elimination of redevelopment agencies, there is no longer what is considered 20% Set-aside funds. Therefore, maintaining existing properties and programs will be the primary focus, provided funding is available, for some time to come. However, new projects and programs will be planned and implemented where and when possible. Actions planned to reduce lead-based paint hazards The City’s Building and Safety and Housing departments distribute informational pamphlets on Lead Based Paint Hazards and refer all calls to the County of Riverside Environmental Health Department. The City addresses this issue on a case-by-case basis through multiple steps. Actions planned to reduce the number of poverty-level families The City is continuing to team up with service providers to provide assistance for poverty level families, including funding food and services options during the Program Year. In addition, the City will seek out additional partnerships for programs that encourage self sufficiency including employment and training, 377 Annual Action Plan 2020 32 OMB Control No: 2506-0117 (exp. 09/30/2021) housing options, and safety net programs. Actions planned to develop institutional structure The City will continue to work with outside agencies to maintain and develop relationships, including the County of Riverside, nonprofit organization, private businesses, the CoC, and nonprofit organizations in the region. Actions planned to enhance coordination between public and private housing and social service agencies The City will continue to work with various County departments, agencies, and nonprofit organizations to identify and carry out goals and objectives of the CDBG Program, and to create a more cooperative working relationship with all interested parties. The City invites these groups to attend public hearings, community meetings, and special meetings that address specific programs and projects. The City has an approved Citizen’s Participation Plan that it follows in this regard. In addition, City staff regularly attends CoC meetings that involve multiple organizations and various County Departments as well as other local jurisdictions wherein discussions are held on homelessness as well as supportive services to other at risk groups of individuals and families. Discussion: Not applicable. 378 Annual Action Plan 2020 33 OMB Control No: 2506-0117 (exp. 09/30/2021) Program Specific Requirements AP-90 Program Specific Requirements – 91.220(l)(1,2,4) Introduction: Activities planned with CDBG funds expected to be available during the year are identified in the project tables. The following identifies program income that is available for use that is included in projects to be carried out. Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(l)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 3. The amount of surplus funds from urban renewal settlements 0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 62 5. The amount of income from float-funded activities 0 Total Program Income: 62 Other CDBG Requirements 1. The amount of urgent need activities 0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income.Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 70.00% 379 Annual Action Plan 2020 34 OMB Control No: 2506-0117 (exp. 09/30/2021) Not Applicable. 380 Annual Action Plan 2020 35 OMB Control No: 2506-0117 (exp. 09/30/2021) Attachments 381 Annual Action Plan 2020 36 OMB Control No: 2506-0117 (exp. 09/30/2021) Citizen Participation Comments 382 Annual Action Plan 2020 37 OMB Control No: 2506-0117 (exp. 09/30/2021) 383 Annual Action Plan 2020 38 OMB Control No: 2506-0117 (exp. 09/30/2021) Grantee Unique Appendices 384 Annual Action Plan 2020 39 OMB Control No: 2506-0117 (exp. 09/30/2021) 385 386 2023-2024 CDBG Subrecipient Contract The Joslyn Center Page 1 AMENDMENT NO. 2 TO THE GRANT AGREEMENT, C46570A BETWEEN THE CITY OF PALM DESERT AND THE JOSLYN CENTER 1. Parties and Date. This Amendment No. 2 to the made and entered into as of this 10th day of October, 2024, by and between the City of Palm Desert (“City”) and The Joslyn Center, a non-profit corporation, with its principal place of business at 73-750 Catalina Way, Palm Desert, CA 92260 ("Subrecipient"). The City and Subrecipient are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. Recitals. 2.1 Agreement. The City and The Joslyn Center have entered into an agreement entitled “Grant Agreement, C46570A” dated July 1, 2023 (“Agreement” or “Contract”) for the purpose of improve its restroom facilities to meet the American with Disabilities Act (ADA). 2.2 Amendment No. 1. The City and The Joslyn Center amend the Agreement to increase grant award. The Parties have heretofore entered into that Amendment No. 1 dated January 29, 2024. 2.3 Amendment No. 2. The City and The Joslyn Center desire to amend the Agreement to increase grant award. 3. Terms. 3.1.1 SECTION 1.1 SCOPE OF SERVICES. Section 1.1 Scope of Services of the Agreement is hereby amended in its entirety to read as follows: The City has allocated CDBG funds to the Subrecipient in the maximum aggregate amount of ONE HUNDRED SEVENTY THREE THOUSAND DOLLARS AND NO CENTS. ($173,000.00) (“Grant Funds”) to be used for eligible program costs associated with services to improve its restroom facility to meet the Americans with Disabilities Act (ADA) as further outlined in the Subrecipient Application (collectively referred to herein as, the “Services”), and as detailed in Attachment 1 (the “Scope of Work”) . 3.1.2 ATTACHMENT 1—SCOPE OF WORK. Section III 2023-2024 PROGRAM BUDGET of the Agreement is hereby amended in its entirety to read as follows: ATTACHMENT 1 – SCOPE OF WORK. III 2023-2024 PROGRAM BUDGET is hereby deleted in its entirety and replaced with ATTACHMENT 1 – SCOPE OF WORK III 2023-2024 PROGRAM BUDGET attached hereto and incorporated herein by reference. 3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all other provisions of the Agreement remain in full force and effect and shall govern 387 2023-2024 CDBG Subrecipient Contract The Joslyn Center Page 2 the actions of the parties under this Amendment No. 2. From and after the date of this Amendment No. 2, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 2. 3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2. 3.4 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5 Counterparts. This Amendment No. 2 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. [SIGNATURES ON FOLLOWING PAGE] 388 2023-2024 CDBG Subrecipient Contract The Joslyn Center Page 3 SIGNATURE PAGE FOR AMENDMENT NO. 2 TO GRANT AGREEMENT, C46570A BETWEEN THE CITY OF PALM DESERT AND THE JOSLYN CENTER IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 2 to the Grant Agreement, C46570A as of 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 THE JOSLYN CENTER, A Non-PROFIT CORPORATION By: Dr. Jay Seller Executive Director By: Mary Gilstrap Secretary City Clerk QC: _____ Contract QC: _____ Insurance: _____ Initial Review __________ _____ Final Approval 389 2023-2024 CDBG Subrecipient Contract The Joslyn Center Page 4 Attachment 1 - Scope of Work CITY OF PALM DESERT 2023-2024 Community Development Block Grant I. Description of Work A. Provide a concise description of the activity to be undertaken with CDBG funds during the 12 -month contract period including the services to be performed, length of services, who will benefit from the services, and how CDBG funds will be used. This multi-phase project will entail a full remodel of each of the five restrooms on The Joslyn Center campus in order to make them fully compliant with ADA requirements and become fully handicap accessible as set forth in the report and survey of Disability Access Consultants conducted on May 21, 2018. This project will benefit all 2000+ members as well as other members of the public and guests that utilize The Joslyn Center. It is estimated that at least 500 individuals consisting of members, public and guests will directly benefit from the ADA upgrades. B. You must identify at least one program activity and one corresponding goal. Activity #1 (Provide a description of an activity to be undertaken including services to be performed, where they are to be provided, for whom they are to be provided, and how they are to be provided). By making their restrooms ADA compliant, the end result of the project will result in bringing all restrooms at the Joslyn Center in compliance with ADA requirements for accessibility. The Joslyn Center is located in the City of Palm Desert and it serves primarily the City's population over age 62. Activity: Select one from the below that best describes your program. Primary Objective: Select one from the below that best describes your program. Primary Outcome Measurement: Select one from the below that best describes your program. CDBG National Objective: Select one objective from the list below that will be addressed by your program. Senior Service Youth Service Homeless Service Disabled Service Low/Moderate- Income Service Fair Housing Services Housing Services Create a suitable living environment: Activity that benefits communities, families, or individuals by addressing issues in their living environment. Provide decent affordable housing: Housing activity that meets family or community needs. This objective should not be used if the housing activity is an element of a larger effort, e.g., transitional housing. Create economic opportunities: Activity related to economic development, commercial revitalization & job creation. Availability/Accessibility: Activity that makes services, infrastructure, housing and/or shelter available and accessible. (Note: accessibility does not refer only to physical barriers.) Affordability: Activity provides affordability in a variety of ways including the creation or maintenance of affordable housing, basic infrastructure hookups, or services (e.g., transportation or daycare) Sustainability: Activity promotes livable or viable communities and neighborhoods by providing services or by removing slums or blighted areas. Benefit low/moderate income persons Meet community development needs having a particular urgency 390 2023-2024 CDBG Subrecipient Contract The Joslyn Center Page 5 Goal #1 (State the goal desired to be achieved through the above activities). Make necessary modifications to restrooms in the Joslyn Center’s main building so they comply with the Americans with Disabilities Act (ADA). This proposal is for improvement of public facilities that are utilized primarily by older adults over the age of 62. C. Describe the general administrative services to be performed in support of activities listed above and list the amount of CDBG funds (if any) that will be utilized to support these general administrative services. No administrative services will be paid from the CDBG funds. II. Output Measurements A. Total number of unduplicated clients anticipated to be served by the CDBG -funded during the program 12- month contract period (regardless of community of residence) = 2000+ Persons B. Number of unduplicated Palm Desert residents to be served with CDBG funds during the 12-month contract period = 500 Persons C. Of the Palm Desert residents to be assisted with CDBG funds: How many will have new or continued access to this service? 500 Persons How many will have improved access to this services or benefit? 500 Persons How many will attend bingo, knitting, or other social activities: N/A How many hours of one-on-one support will they receive? N/A How many will receive food assistance (i.e. meals on wheels, Penny’s Pantry food back…etc.)? N/A D. Based on the anticipated number provided on the CDBG application: Was the contract fully expended: Was the contract completed on time: Total jobs created (if applicable): Total jobs retained (if applicable): SAMPLE PROGRAM SERVICE GOALS Palm Desert Residents Type of Service Provided* If a resident receives multiple services, only count once. Example: Resident receives food bank, rent & utility assistance - resident only counted once under “Direct Assistance” 20 Phone Referrals 50 Counseling Services 10 Food Bank 5 Direct Financial Assistance (rent, mortgage, utility assistance) 85 TOTAL UNDUPLICATED Program Service Goals Palm Desert Residents Type of Service Provided * If a resident receives multiple services, only count once. 2000 The Joslyn Center primarily serves adults over age 62 that are presumed beneficiaries of CDBG projects. Currently offer over 85 classes and activities designed to specifically serve this age group. The Center collaborates with and provides classes and services for the Braille Institute, Alzheimer’s Association, Jewish Family Services, and other local senior centers. 391 2023-2024 CDBG Subrecipient Contract The Joslyn Center Page 6 E. Provide a “break-down” of the number of Palm residents to be served by the activities listed above. Each resident obtaining services should only be counted once even if they receive multiple services. See the example below. Estimate the number of unduplicated Palm Desert residents to be served with CDBG funds during the 12 -month contract period per quarter: Quarter 1: July 1 – September 30 125 Persons Quarter 2: October 1 – December 31 125 Persons Quarter 3: January 1 – March 31 125 Persons Quarter 4: April 1 – June 30 125 Persons Total 500 Persons F. Summarize the program outcomes and how outcomes will be measured, tracked & reported. Outcome will be tracked by resident address and report showing number of residences that use the service in Palm Desert and frequency of use. All new and renewing member enrollees will complete the CDBG Self-Certification Form for Public Service Agency Clientele Certification form. The form continues to confirm that the Center has 72% of its clientele that self -report as low and very low-income categories. III. 2023-2024 Program Budget Estimate the amount of grant funds to be requested during the 12 -month contract period on a quarterly basis: Total $173,0000 BUDGET CATEGORY PROPOSED USE OF CDBG FUNDS PROPOSED USE OF OTHER PROGRAM FUNDS TOTAL PROGRAM COSTS Agency Administration Staff Salaries & Benefits $ $ $ Program Staff Salaries & Benefits $ $ $ Program Supplies $ $ $ Rent/Lease $ $ $ Communications $ $ $ Utilities $ $ $ Professional Services (Specify) $ $ $ Insurance $ $ $ Other (Specify) Consultants & Contract Services $0 $0 $0 Other (Specify) Architectural /Engineering Design $0 $0 $0 Other (Specify) $173,000 $193,558 $366,558 2000 TOTAL UNDUPLICATED 392 2023-2024 CDBG Subrecipient Contract The Joslyn Center Page 7 Construction/Rehabilitation Other (Specify) $ $ $ TOTAL $173,000 $193,558 $366,558 List Source of “Other” Program Revenue Already Committed To Program SOURCE OF OTHER PROGRAM REVENUE AMOUNT OF OTHER PROGRAM FUNDS Cove Communities Association $ 50,000 Various grants $ 100,000 Donations $ $ $ TOTAL $ 150,000 * *Note: Your program must demonstrate financial viability. At a minimum, the total of “Other” Program Revenue already committed to Program “must equal the Proposed Use of Other Program Funds” 393 2023-2024 CDBG Subrecipient Contract The Joslyn Center Page 8 IV. CDBG Funded Personnel ONLY list personnel that will be paid with CDBG funds and that have been listed as part of the 2023 -2024 Program Budget. CHECK BOX IF NOT APPLICABLE AGENCY ADMINISTRATION POSITION TITLE ANNUAL SALARY ANNUAL BENEFITS TOTAL COMPENSATION CDBG FUNDS REQUESTED % OF TIME POSITION IS DEDICATED TO PD CDBG ACTIVITY $ $ $ $ % $ $ $ $ % $ $ $ $ % $ $ $ $ % $ $ $ $ % PROPOSED PROGRAM STAFF POSITION TITLE ANNUAL SALARY ANNUAL BENEFITS TOTAL COMPENSATION CDBG FUNDS REQUESTED % OF TIME POSITION IS DEDICATED TO PD CDBG ACTIVITY $ $ $ $ % $ $ $ $ % $ $ $ $ % $ $ $ $ % $ $ $ $ % $ $ $ $ % $ $ $ $ % PROPOSED PROGRAM CONTRACT STAFF POSITION TITLE ANNUAL SALARY ANNUAL BENEFITS TOTAL COMPENSATION CDBG FUNDS REQUESTED % OF TIME POSITION IS DEDICATED TO PD CDBG ACTIVITY $ $ $ $ % $ $ $ $ % 394 Contract No. ___________ Page 9 of 10 Revised 01-2024 BBK 72500.00001\32445060.1 395 Contract No. ___________ Page 10 of 10 Revised 01-2024 BBK 72500.00001\32445060.1 396 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: October 10, 2024 PREPARED BY: Richard D. Cannone, AICP, Development Services Director SUBJECT: INTRODUCE AN ORDINANCE AMENDING PALM DESERT MUNICIPAL CODE CHAPTER 5.10, SHORT TERM RENTALS - ADOPT A POLICY FOR SHORT-TERM RENTAL HARDSHIP EXTENSIONS FOR THE HILLSIDE PLANNED RESIDENTIAL ZONE, AND MAKE A FINDING OF EXEMPTION UNDER CEQA RECOMMENDATION: 1. Hold a public hearing and introduce an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, UPDATING PALM DESERT MUNICIPAL CODE CHAPTER 5.10, SHORT TERM RENTALS AND MAKING A FINDING OF EXEMPTION UNDER CEQA.” 2. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A POLICY FOR SHORT-TERM RENTAL HARDSHIP EXTENSIONS FOR THE TERMINATION AND AMORTIZATION OF SHORT - TERM RENTALS WITHIN THE HILLSIDE PLANNED RESIDENTIAL (HPR) ZONE.” BACKGROUND/ANALYSIS: Staff have been working with the City Council Ad Hoc Short-Term Rental (STR) Subcommittee over the past six months to update the STR Ordinance. These updates aim to clarify the implementation of the regulations and ensure no unintended consequences arise from the proposed changes. The attached ordinance is the product of those discussions and outlines updates to Chapter 5.10, Short-Term Rentals as follows: 1. Clarify the current implementation of the STR Ordinance : a. The modifications include definitions, clarified terms, and distinctions between the two types of STR permits. b. A list of the zones where STR types are permitted, rather than just listing zones where they are prohibited. Prohibited unit types will also be specified. c. On-site owners have the option to rent either their casita or their house, while staying in their casita. d. An exception for properties within the Planned Residential (PR) zone. Owners with a Functioning HOA in PR zones may operate off-site STRs when allowed by state law and/or the Functioning HOA’s current CC&Rs. 2. Clarify that the regulations for PR Zones also apply to the Hillside Planed Residential (HPR) Zone: a. The ordinance addresses the misapplication of standards for properties in the Hillside Planned Residential zone. When the ordinance was adopted, off -site or un-hosted STRs were permitted only in HOA communities within the PR zone. Since HPR was 397 City of Palm Desert STR Code Update and Hardship Policy Page 2 of 3 not specifically mentioned, it was incorrectly interpreted that the restriction did not apply to properties in the HPR zone. 1) Included an exception for properties within the Hillside Planned Residential (PR) zone. Owners with a Functioning HOA in the HPR zone may operate off- site STRs when allowed by state law and/or the Functioning HOA’s current CC&Rs. b. New off-site STR permits within the HPR zone will not be issued. c. The five existing off-site STR permits in the HPR zone may be renewed if otherwise qualified, but all such off-site STR permits shall terminate and cease operation by December 31, 2026. d. Owners may apply for a hardship extension (see “Hardship Policy” item below). e. If an existing off-site STR permit is revoked, a new permit will not be issued for any STR unit in the HPR zone. Hardship Policy In December 2017, the City Council updated the STR regulations, phasing out all existing off- site STR permits in the R1 and R2 zones by December 31, 2019. As part of that update , a separate Hardship Extension Policy was a dopted. The policy allowed for STR permit renewals past the December 2019 sunset date, if necessary, to avoid unconstitutional takings claims. Staff have now updated the dates and code references in the policy, adding the following eligibility criteria: The hardship extension is available exclusively to STR owners who have consistently paid the Transit Occupancy Tax (TOT) and the Tourism Business Improvement District (TBID) assessment to the City. If an owner has not made TOT or TBID payments for more th an half of the permit's effective duration, it will be assumed that no hardship exists. Legal Review: This report has been reviewed by the City Attorney’s Office. Public Notice: A ten-day public hearing notice for this item was published in the Desert Sun newspaper on Friday, September 27, 2024. Additionally, staff mailed courtesy notices to the five off -site STR properties located in the HPR zone. Environment Review: It has determined that this agenda item is exempt from CEQA review pursuant to Section 15061(b)(3), known as the “common sense” exemption. This determination is based on the clear assessment that there is no possibility the ordinance may have a significant effect on the environment. The ordinance primarily provides administrative clarifications regarding where short-term rentals are permitted, focusing on specific residential zoning areas without expanding land use or initiating new developments, thereby maintaining existing environmental basel ines. It ensures operational continuity for existing short-term rentals through defined phasing out periods for specific permits, thereby preventing abrupt changes in land use intensity. The 398 City of Palm Desert STR Code Update and Hardship Policy Page 3 of 3 adjustments are administrative in nature and do not involve any c onstruction, physical alterations, or increases in development intensity. The ordinance reaffirms current use regulations and does not alter existing physical environmental conditions or promote increased development, thus qualifying for the CEQA “common sense” exemption as it bears no potential for significant environmental impact. FINANCIAL IMPACT: The proposed amendments to Palm Desert Municipal Code Chapter 5.10 concerning Short - Term Rentals, along with the adoption of a policy for hardship extensions in the Hillside Planned Residential (HPR) Zone, may impact the City financially in both the short and long term. Revenue from the Transit Occupancy Tax (TOT) and the Tourism Business Improvement District (TBID) assessments might fluctuate due to the regulatory changes. While a decrease in STR permits could temporarily reduce TOT and TBID income, this impact will be minor as the City has not collected significant revenue from off-site STRs in the HPR Zone. Any administrative costs associated with implementing these ordinance changes and processing hardship extension applications will likely be managed with existing budget allocations, as the current staff and resources are expected to handle the adjustment without requiring additional funding. While no significant one-time expenditures are foreseen, ongoing enforcement and application processing will be recurring expenses. As a result, these expenditures are expected to remain within the current budget, assuming operational efficiencies are maintained. ATTACHMENTS: 1. Ordinance – Chapter 5.10 Amendment 2. Ordinance Attachment A 3. Resolution – Hardship Extension Policy 399 400 ORDINANCE NO. 2024- ________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA UPDATING CHAPTER 5.10 SHORT-TERM RENTALS AND MAKING A FINDING OF EXEMPTION UNDER CEQA. City Attorney’s Summary The purpose of this ordinance is to amend Palm Desert Municipal Code Chapter 5.10 Short-Term Rentals to update definitions and references, to clarify the City’s short-term rental restrictions, and to phase out off -site short-term rental permits in Hillside Planned Residential (HPR) zone. THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Amendment to Municipal Code. The City Council hereby adopts the updated Palm Desert Municipal Code Chapter 5.10 Short-Term Rentals, attached hereto as Attachment “A.” SECTION 2. CEQA Exemption. The City Council finds that the updated short- term rental ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), known as the “common sense” exemption. This determination is based on the clear assessment that there is no possibility the ordinance may have a significant effect on the environment. The ordinance primarily provides administrative clarifications regarding where short -term rentals are permitted, focusing on specific residential zoning areas without expanding land use or initiating new developments, thereby maintaining existing environmental baselines. It ensures operational continuity for existing short-term rentals through defined phasing out periods for specific permits, thereby preventing abrupt changes in land use intensity. The adjustments are administrative in nature and do not involve any construction, physical alterations, or increases in development intensity. The ordinance reaffirms current use regulations and does not alter existing physical environmental conditions or promote increased development, thus qualifying for the CEQA “common sense” exemption as it bears no potential for significant environmental impact. SECTION 3. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. 401 SECTION 4. Posting and 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 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 foll owing 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 402 ATTACHMENT “A” 403 404 1 Chapter 5.10 SHORT-TERM RENTALS 1 5.10.010 Title. 2 This chapter shall be referred to as the “Short-Term Rental Ordinance.” 3 5.10.020 Purpose. 4 A. The purpose of this chapter is to regulate privately-owned residential 5 dwellings, including those managed by homeowners’ associations, used as short-term 6 rental units within the city. This chapter seeks to ensure the payment and collection 7 transient occupancy taxes (TOT) and tourism business improvement district (TBID) 8 assessments, while minimizing the potential negative effects of short-term rental units 9 on surrounding residential neighborhoods. 10 B. This chapter is not intended to allow any residential property owner to 11 violate any private conditions, covenants, and restrictions applicable to the own er’s 12 property that may prohibit the owner from using his or her property as a short -term 13 rental unit, as defined in this chapter. 14 C. The city reserves the right to change the regulations provided in this 15 chapter at any time, including discontinuing the issuance of short-term rental unit 16 permits, notwithstanding any impacts to existing or future short-term permit holders. 17 Anyone accepting a short-term rental unit permit pursuant to this chapter acknowledges 18 and accepts that possibility. 19 5.10.030 Definitions. 20 For purposes of this chapter, the following words and phrases shall have the meaning 21 ascribed to them by this section: 22 “Accessory Dwelling Unit” has the same definition as provided in PDMC Section 23 25.99.020 Land Use Definitions. 24 “Actively operating” means a short-term rental that is rented out/occupied for a 25 total of more than eighteen (18) days per calendar year. 26 “Apartment” has the same definition as provided in PDMC Section 25.99.020 27 Land Use Definitions. 28 Attachment “A” 405 2 “Applicable laws, rules and regulations” means any laws, rules, regulations and 29 codes (whether local, state, or federal) pertaining to the use and occupancy of a 30 privately-owned dwelling unit as a short-term rental. 31 “Applicant” means a host or operator applying for a new or renewal short-term 32 rental permit. 33 “Bedroom” means a private habitable room other than a kitchen, bathroom or 34 living room intended for sleeping that is separated from other rooms by a door, having 35 at least one window that meets the Emergency Escape and Rescue Openings 36 requirements of the California Building Code, has a built-in closet/storage area, and is 37 accessible to a bathroom without crossing through another bedroom. 38 “Casita” means a detached or attached living quarters, not permitted or restricted 39 as an accessory dwelling unit or junior accessory dwelling unit, which occupies not 40 more than one-tenth of the area of the lot on which it is situated, and is designed for use 41 as a bedroom or office rather than an independent living facility and may have only 42 limited kitchen equipment. 43 “City manager” means the city manager of the city, or their designee. 44 “Good Neighbor Brochure” means a document prepared by the city, as may be 45 revised from time to time that summarizes the general rules of conduct, consideration 46 and respect pertaining to the use and occupancy of short-term rental units. 47 “Guest” means any person who rents, stays at, occupies, or visits the short-term 48 rental unit as a transient occupant. The term “guest” includes any overnight guest 49 and/or any daytime guest. 50 “Functioning Homeowners’ Association (HOA)” means governing board of a 51 common interest development, formed under the Davis Sterling Act (California Civil 52 Code Section 4100). A Functioning HOA is characterized by the following: there is a 53 common area owned by the association or owners of separate interests, a declaration 54 and final subdivision map have been recorded; each homeowner has been conveyed a 55 separate interest coupled with an interest in the common area or membership in the 56 association; the governing board is elected by the homeowners, and the association 57 includes all residential properties within the recorded subdivision map. Additionally, a 58 Functioning HOA actively governs property uses, enforces community rules, and is 59 responsible for the maintenance and management of the development beyond merely 60 overseeing landscaped areas. 61 “Host” means a property owner who occupies the property during the entire 62 period of the short term rental. 63 406 3 “Hosting Platform” means an individual or entity that facilitates short-term rental 64 bookings in exchange for a fee or other compensation, either directly or indirectly, by 65 conducting transactions through various means. 66 “Junior Accessory Dwelling Unit” has the same definition as provided in PDMC 67 Section 25.99.020 Land Use Definitions. 68 “On-site short-term rental” means a short-term rental at a host’s primary 69 residence where the host remains on the property and resides in a bedroom or casita 70 throughout the guest’s stay, except during daytime or work hours. 71 “Off-site short-term rental” means a short-term rental where there is no host and 72 the operator resides off-site during the guest’s stay. 73 “Operator” means an owner or a property manager who offers or manages a 74 dwelling unit, or portion thereof, as an off-site short-term rental unit. 75 “Owner” means any person or entity having fee-title ownership and/or appearing 76 on the last equalized assessment roll of Riverside County showing controlling interest of 77 the short-term rental unit. 78 “Primary Residence” means a person’s permanent residence or usual place of 79 return for housing, verified by at least two of the following: driver’s license; voter 80 registration; tax records listing the dwelling as the person’s home; or a utility bill. 81 “Property” means the actual single-family house or other residential dwelling unit, 82 including all of its improved real property, which is used as a short-term residential 83 rental. 84 “Responsible person” means a short-term rental unit guest who is at least twenty-85 five years of age and who is legally responsible for ensuring that all guests of the short-86 term rental unit and/or their daytime guests comply with all applicable laws, rules and 87 regulations pertaining to the use and occupancy of the subject short -term rental unit. 88 “Short-term rental permit” means a permit, with a permit number, issued by the 89 City to allow on-site or off-site short-term rentals. 90 “Short-term rental unit” means a privately-owned residential dwelling unit, or 91 portion thereof unless otherwise prohibited, including a casita, that is offered or provided 92 to a guest by an operator for twenty seven (27) consecutive nights or less. The term 93 “short-term rental unit” shall not include hotels, motels, inns, timeshares, or bed and 94 breakfasts. 95 “Transient” means any person who rents, stays at, or otherwise occupies a short-96 term residential unit for a period of twenty-seven (27) consecutive nights or less. 97 407 4 “Transient occupancy registration permit” means a permit that allows the use of a 98 privately-owned residential dwelling as a short-term rental unit pursuant to the 99 provisions of Chapter 3.28, Transient Occupancy Tax, respectively. 100 “Transient occupancy tax” means the tax levied by the city in accordance with 101 Chapter 3.28 of the municipal code. This tax is levied upon individuals or businesses 102 engaged in the rental of sleeping accommodations to the public. 103 “Zone” has the same definition as provided in PDMC Section 25.99.020 Land 104 Use Definitions. 105 5.10.040 Authorized agent or representative – Off-site 106 Short-Term Rentals. 107 A. An owner shall designate an operator to act on the owner’s behalf to 108 ensure compliance with the requirements of this chapter. 109 B. Notwithstanding subsection A, the owner shall not be relieved from any 110 personal responsibility or personal liability for noncompliance with any applicable law, 111 rule or regulation pertaining to the use and occupancy of the subject short-term rental 112 unit, regardless of whether such noncompliance was committed by the owner or 113 operator or the guests of the owner’s short-term rental unit or their daytime guests. 114 5.10.050 Permit – Types Required. 115 A. Short-term Rental Permit Types. An owner ,host, or operator must obtain 116 one of the following short-term rental permit types to advertising, renting, or otherwise 117 operating any short-term rental unit, and shall be responsible for complying with all 118 requirements of this chapter: 119 1. On-site short-term rental permit. As a condition of the permit, the 120 host shall demonstrate regular occupancy, which may be by neighbor verification or 121 other means sufficient, in the discretion of city manager, to show regular and continuous 122 owner-occupancy prior to and during each rental period. 123 2. Off-site short-term rental permit. 124 B. Transient Occupancy Registration Permit. The permit type in subsection 125 A, when issued, shall also serve as the transient occupancy registration permit, as 126 provided in Section 3.28.060, if the applicant satisfies the requirements of this Chapter 127 and Chapter 3.28. 128 408 5 5.10.060 Short-term rental permit for all types—129 Application and processing requirements. 130 A. The applicant must submit the following information on an application form 131 provided by the city: 132 1. The name, address, valid email address, and telephone number of 133 the owner of the subject short-term rental unit. 134 2. The name, address, valid email address, and telephone number of 135 the operator of the subject short-term rental unit. 136 3. The address of the proposed short-term rental unit. 137 4. The number of bedrooms and the applicable overnight and daytime 138 occupancy limit of the proposed short-term rental unit. 139 5. Acknowledgement of receipt and inspection of a copy of the Good 140 Neighbor Brochure. 141 6. Other information the city manager deems reasonably necessary to 142 administer this chapter. 143 B. A short-term rental permit will not be granted for properties that do not 144 qualify under Section 5.10.070. 145 C. A short-term rental permit application shall be accompanied by payment of 146 an application processing fee established by resolution of the city council. 147 D. Within thirty days of a change of property ownership, the new owner shall 148 submit an application and requisite application fee for a new short-term rental permit, if 149 continued short-term rental is desired, which permit must be obtained prior to continuing 150 to rent the subject unit as a short-term rental unit. 151 E. A short-term rental permit shall not be issued or renewed if there are 152 unresolved city code compliance cases, outstanding city fines or fees, or city liens on 153 the property. 154 F. A short-term rental permit must be renewed annually to remain valid. 155 Failure to renew a short-term rental permit within thirty calendar days of the expiration 156 date will result in the short-term rental permit being terminated. 157 G. Short-term rental permit renewals are subject to any intervening changes 158 in this Chapter 5.10 and renewal shall be denied if the short-term rental no longer 159 409 6 qualifies under the requirements of this chapter, unless specifically exempted therefrom. 160 A short-term rental permit shall not be renewed if the unit has not been actively 161 operating in the prior calendar year. A host or operator that is denied a renewal for 162 failure to actively operate may apply for a new short-term rental permit, if otherwise 163 qualified under this chapter. 164 H. The city may conduct an inspection of the short-term rental unit prior to 165 issuing any new or renewal permit. 166 I. A short-term rental permit application may be denied if the applicant has 167 had a prior short-term rental permit suspended or revoked. 168 J. Within thirty (30) days of any change in information previously provided as 169 part of a new or renewal short-term rental permit application, the host or operator shall 170 provide city written notice of such change in information. This includes, but is not limited 171 to, change in operator, change in contact information, or any other change in material 172 facts pertaining to the information contained in the previously submitted short-term 173 rental permit application. 174 5.10.070 Short-term rental permit—permitted zones 175 and prohibited unit types. 176 A. On-Site Short-term Rentals 177 1. Permitted Residential Zones 178 a. Estate Residential District (RE) 179 b. Single-Family/Mobile Home Residential District (R-1M) 180 c. Single-Family Residential District (R-1) 181 d. Single-Family Residential District (R-2) 182 e. Multifamily Residential District (R-3) 183 f. Hillside Planned Residential District (HPR), where the short 184 term rental unit is: 185 (i) Not within an HOA; 186 (ii) Within an HOA that is not a Functioning HOA; or 187 410 7 (iii) Within a Functioning HOA and the owner is permitted 188 under state law or the current Declaration of 189 Covenants, Conditions, and Restrictions (CC&Rs) of 190 the Functioning HOA to operate a short-term rental. 191 g. Planned Residential District (PR), where the short-term 192 rental unit is: 193 (i) Not within an HOA; 194 (ii) Within an HOA that is not a Functioning HOA; or 195 (iii) Within a Functioning HOA and the owner is permitted 196 under state law or the current Declaration of 197 Covenants, Conditions and Restrictions (CC&Rs) of 198 the Functioning HOA to operate a short-term rental. 199 h. Downtown Edge Transition Overlay (DEO) 200 i. Downtown Edge District (DE) 201 j. Downtown (D) 202 2. Prohibited Unit Types in all zones: 203 a. Apartments 204 b. Accessory dwelling units 205 c. Junior accessory dwelling units 206 d. Units with one bedroom or less 207 B. Off-Site Short-term Rentals 208 1. Permitted Residential Zones 209 a. Estate Residential District (RE) 210 b. Single-Family/Mobile Home Residential District (R-1M) 211 c. Multifamily Residential District (R-3) 212 d. Planned Residential District (PR), where the short term 213 rental unit is: 214 (i) Not within an HOA; 215 411 8 (ii) Not within a Functioning HOA; or 216 (iii) Within a Functioning HOA and the owner is permitted 217 under state law or the current Declaration of 218 Covenants, Conditions, and Restrictions (CC&Rs) of 219 the Functioning HOA to operate a short-term rental. 220 e. Downtown Edge Transition Overlay (DEO) 221 f. Downtown Edge District (DE) 222 g. Downtown (D) 223 2. Prohibited Unit Types in all zones: 224 a. Apartments 225 b. Accessory dwelling units 226 c. Junior accessory dwelling units 227 5.10.080 Off-site short-term rentals prohibited in HPR 228 zone. 229 A. A new off-site short-term rental permit within the HPR zone will not be 230 issued. 231 B. Existing off-site short-term rental permits in the HPR zone may be 232 renewed if otherwise qualified, but all such off-site short-term rental permits shall 233 terminate, and such uses permanently cease operation, by December 31, 2026. 234 C. If an existing off-site short-term rental permit is revoked pursuant to this 235 chapter, and the short-term rental unit is located in the HPR zone, then a new permit will 236 not be issued. 237 5.10.090 Operational requirements for all types of 238 short-term rental permits. 239 A. While a short-term rental unit is rented, the host or operator shall be 240 available twenty-four hours a day, seven days a week for the purpose of responding 241 within thirty minutes to complaints regarding the condition, operation, or conduct of 242 guests of the short-term rental unit. 243 412 9 B. Upon notification that the responsible person and/or any guest of the 244 short-term rental unit has created unreasonable noise or disturbances, engaged in 245 disorderly conduct, or committed violations of any applicable law, rule or regulation 246 pertaining to the use and occupancy of the subject short-term rental unit, the host or 247 operator shall promptly respond within thirty minutes in an appropriate manner to 248 immediately halt or prevent a recurrence of such conduct by the responsible person 249 and/or any guests. Failure of the host or operator to respond to calls or complaints 250 regarding the condition, operation, or conduct of guests of the short-term rental unit 251 within thirty minutes and in an appropriate manner shall render the host or operator 252 subject to all administrative, legal and equitable remedies available to the city, up to and 253 including short-term rental permit revocation. 254 C. The host or operator shall post the current short-term rental permit number 255 on, or in, any advertisement appearing in any newspaper, magazine, brochure, 256 television trade paper, Internet website, etc., that promotes the availability or existence 257 of a short-term rental unit in a place or location deemed acceptable by the city manager. 258 In the instance of audio only advertising of the same, the short-term rental permit 259 number shall be read as part of any advertising. The following shall be clearly iden tified 260 in any advertisement: (1) the maximum overnight occupancy of the short-term rental 261 unit; (2) requirements for compliance with the city’s noise standards and regulations; 262 and (3) a statement that the short-term rental unit guests shall respect the neighbors’ 263 privacy and enjoyment of their property. 264 D. The host or operator shall use reasonably prudent business practices to 265 ensure that the guests of the short-term rental unit do not create unreasonable noise in 266 violation of Palm Desert Municipal Code (PDMC) Chapter 9.24, Noise Control or 267 disturbances, engage in disorderly conduct, or violate any applicable law, rule or 268 regulation pertaining to the use and occupancy of the subject short-term rental unit. The 269 short-term rental unit shall be used in a manner that complies with all applicable laws, 270 rules and regulations pertaining to the use and occupancy of the subject short-term 271 rental unit, including Chapter 3.28 (Transient Occupancy Tax). 272 E. Guests of the short-term rental unit shall comply with all standards and 273 regulations of the PDMC, including and especially Chapter 9.24, Noise Control, and 274 Chapter 9.25, Multiple Responses to Loud or Unruly Parties, Gatherings or Other 275 Similar Events. 276 F. The minimum duration of a short-term rental unit is three days, two nights. 277 Less than three-day, two-night rentals or leases are prohibited. 278 G. The maximum number of overnight guests for a short-term rental unit shall 279 not exceed two persons per bedroom. Additional daytime guests are allowed between 280 the hours of seven a.m. and ten p.m., with the additional maximum daytime guests not 281 to exceed two persons per bedroom with a maximum of twenty guests allowed for five 282 413 10 bedrooms or more. If the property is an on-site short-term rental, the host shall be 283 deemed to occupy at least one bedroom, which shall reduce the number of bedrooms 284 available for overnight guests and reduce the total number of daytime guests permitted. 285 The following table illustrates the maximum number of overnight guests and daytime 286 guests permitted for an off-site short-term rental: 287 Number of Bedrooms Total of Overnight Guests Total Daytime Guests (Including Number of Overnight Guests) 1 2 4 2 4 8 3 6 12 4 8 16 5 10 20 6 12 20 7 14 20 H. A short-term rental unit shall not change the residential character of the 288 outside appearance of the residence, either by the use of colors, materials, lighting, or 289 any advertising mechanism. 290 I. No property use shall cross over any property line. 291 J. All parking associated with a short-term rental unit shall be entirely on-site, 292 in the garage, carport, and driveway or otherwise off of the public street. 293 K. The city manager shall have the authority to impose additional conditions 294 on the use of any given short-term rental unit to ensure that any potential secondary 295 effects unique to the subject short-term rental unit are avoided or adequately mitigated. 296 L. Trash and refuse shall not be left stored within public view, except in 297 proper containers for the purpose of collection by the city’s authorized waste hauler, and 298 only on scheduled trash collection days. The host or operator shall use reasonably 299 prudent business practices to ensure compliance with all the provisions of 300 Chapter 8.16 (Solid Waste) of the PDMC. 301 M. Unless otherwise provided in this chapter, the host or operator shall 302 comply with all provisions of Chapter 3.28 of the PDMC concerning TOT, including, but 303 not limited to, submission of a monthly TOT return in accordance with 304 Section 3.28.070 of Chapter 3.28 of the PDMC, which shall be filed monthly even if the 305 short-term rental unit was not rented during each such month. 306 N. Transient occupancy taxes shall be collected on all short-term rentals 307 pursuant to PDMC Chapter 3.28 (Transient Occupancy Tax). If a hosting platform does 308 not collect payment for the rental, hosts or operators are solely responsible for the 309 collection of all applicable TOT and remittance of the collected tax to the City in 310 accordance with Chapter 3.28 (Transient Occupancy Tax). Upon compliance with the 311 Greater Palm Springs Tourism Business Improvement District (TBID) authorized by the 312 414 11 California Streets and Highways Code Section 36600 et seq., the host or operator shall 313 also be responsible for collection and remittance of all TBID assessments to the City. 314 O. The City will post the short-term rental unit information on the City’s 315 website for the public to access. 316 P. A short-term rental unit may not be operated as any other commercial 317 home-based business. 318 Q. If the dwelling unit used as a short-term rental unit is subject to the rules of 319 a homeowners’ or condominium association, short-term rental activity must comply with 320 those rules, and this chapter shall not be inf erred to grant any permission that 321 invalidates or supersedes any provisions of those homeowners’ or condominium 322 associations. 323 R. The host or operator shall authorize all hosting platform(s) on which their 324 STR(s) is listed to provide to the City with the host’s or operator’s listing and other 325 information to demonstrate compliance with all provisions of this chapter. 326 5.10.100 Procedures for hosts, operators and guests. 327 Prior to occupancy of a short-term rental unit, the host or operator shall: 328 A. Meet and greet the responsible person on-site or virtually and obtain their 329 name, address, and a copy of a valid government identification. 330 B. Provide the responsible person a copy of the Good Neighbor Brochure. 331 C. Provide the responsible person information about the city’s short-term 332 rental regulations. 333 D. Require the responsible person to execute a formal acknowledgement in a 334 form acceptable to the city stating that he or she is legally responsible for ensuring that 335 all short-term rental unit guests maintain compliance with all applicable laws, rules and 336 regulations pertaining to the use and occupancy of the short-term rental unit. This 337 information shall be maintained by the host or operator for a period of three years and 338 be made readily available upon request of any officer of the city responsible for the 339 enforcement of any provision of the PDMC or any other applicable law, rule or 340 regulation pertaining to the use and occupancy of the short-term rental unit. 341 E. Provide the responsible person with the host or operator’s twenty-four-342 hour availability information. 343 415 12 F. Provide the responsible person a copy of the maximum number of 344 overnight guests and the maximum number of daytime guests as permitted pursuant to 345 the chapter. 346 G. Post a copy of the short-term rental permit and a copy of the Good 347 Neighbor Brochure in a conspicuous place within the short-term rental unit. 348 H. Provide the responsible person a copy of trash pickup day and applicable 349 rules and regulations pertaining to leaving or storing trash on the exterior of the 350 property. 351 I. Provide the responsible person a copy of the PDMC, Chapter 9.24, Noise 352 Control, and Chapter 9.25, Multiple Responses to Loud or Unruly Parties, Gatherings or 353 Other Similar Events. 354 J. Explain to the responsible person that the guests and owner may be cited 355 or fined by the city in accordance with this chapter and/or Chapter 9.24, Noise Control, 356 and Chapter 9.25, Multiple Responses to Loud or Unruly Parties, Gatherings or Other 357 Similar Events. 358 K. Provide written notice that no radio receiver, musical instrument, 359 phonograph, compact disk player, loudspeaker, karaoke machine, sound amplifier, or 360 any machine, device or equipment that produces or reproduces any sound shall be 361 used outside or be audible from beyond the property boundaries of any short -term 362 rental unit between the hours of ten p.m. and ten a.m. 363 5.10.110 Recordkeeping duties. 364 The host or operator shall maintain for a period of three years, records in such form 365 as the tax administrator (as defined in, and required by, Chapter 3.28) may require to 366 determine the amount of TOTs or TBID assessments owed to the city. The city manager 367 shall have the right to inspect such records at all reasonable times. Such records shall 368 be maintained at the host’s or operator’s premises or shall be available for delivery to 369 the tax administrator within one week after request, which may be subject to the 370 subpoena pursuant to Section 3.28.110. 371 5.10.120 Violations. 372 A. Additional Conditions. A violation of any provision of this chapter by any of 373 the guests, owner(s) or the operator shall authorize the city manager to impose 374 additional conditions on the use of any given short-term rental unit to ensure that any 375 potential additional violations are avoided. 376 416 13 B. Permit Modification, Suspension and Revocation. A violation of any 377 provision of this chapter by any of the guests, owner(s) or the operator shall constitute 378 grounds for modification, suspension and/or revocation of the short-term rental permit 379 and/or any affiliated licenses or permits pursuant to the provisions set forth in this 380 chapter. 381 1. Whenever any host or operator fails to comply with any provision of 382 this chapter, the city manager upon hearing, after giving the host or operator and/or 383 owner ten days’ notice in writing specifying the time and place of hearing and requir ing 384 him or her to show cause why the short-term rental permit should not be revoked, may 385 modify, suspend or revoke the permit held by the host or operator. 386 2. The city manager shall give the host or operator written notice of 387 the modification, suspension or revocation of the permit. The notices required in this 388 section may be served personally or by mail. 389 3. The city manager shall not issue a new short-term rental permit 390 after the revocation of a permit unless he or she is satisfied that the former holder of the 391 permit will comply with the provisions of this chapter and the short term rental unit 392 complies with Section 5.10.070. During the period of time while such a permit is 393 suspended, revoked or otherwise not validly in effect, the use of the dwelling as a short-394 term rental unit is prohibited. 395 C. Notice of Violation. The city may issue a notice of violation to any guest, 396 host, or operator, pursuant to this chapter, if there is any violation of this chapter 397 committed, caused or maintained by any of the above parties. 398 D. Administrative Citation. The city may issue an administrative citation to the 399 property owner(s) pursuant to Chapter 8.81 (Administrative Citations) of the municipal 400 code if there is any violation of this chapter committed, caused or maintained. Nothing in 401 this section shall preclude the city from also issuing an infraction citation upon the 402 occurrence of the same offense on the same day to any guests, host(s) or the operator. 403 Unless otherwise provided herein, any person issued an administrative citation pursuant 404 to this chapter shall for each separate violation be subject to: (1) an administrative fine 405 in an amount not to exceed one thousand dollars for the first citation; (2) an 406 administrative fine in an amount not to exceed three thousand dollars for a second 407 citation issued for the same offense within a twelve-month period of the date of the first 408 offense; and (3) a fine in an amount not to exceed five thousand dollars and an 409 immediate revocation of the short-term rental permit for a period of two years for the 410 third citation within a twelve-month period of the date of the first offense. 411 E. Notwithstanding the above, operating a short-term rental unit without a 412 validly issued short-term rental permit shall be subject to a fine in an amount of five 413 thousand dollars for the first citation and each additional citation, and the city has the 414 417 14 right to refuse the issuance of any new or renewed short-term rental permit for the cited 415 property and/or to the cited host or operator anywhere else within the city. 416 F. Infraction. The city may issue an infraction citation to any guest, host or 417 operator, pursuant to the provisions set forth in Chapter 1.08, Citations for Code 418 Violations, including, but not limited to, the imposition of any and all criminal penalties 419 set forth therein if there is any violation of this chapter committed, caused or maintained 420 by any of the above parties. Unless otherwise provided herein, any person convicted of 421 an infraction shall, for each separate violation of this chapter be subject to: (1) a fine in 422 an amount not to exceed one thousand dollars for a first conviction of an offense; (2) a 423 fine in an amount not to exceed three thousand dollars for a second conviction of the 424 same offense within a twelve-month period of the date of the first offense; and (3) a fine 425 in an amount not to exceed five thousand dollars for the third conviction of the same 426 offense within a twelve-month period of the date of the first offense. 427 G. Public Nuisance. It shall be a public nuisance for any person to commit, 428 cause or maintain a violation of this chapter, which shall be subject to the provisions of 429 Chapter 9.24, Noise Control, and Chapter 9.25, Multiple Responses to Loud or Unruly 430 Parties, Gatherings or Other Similar Events. 431 418 RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A POLICY FOR SHORT-TERM RENTAL HARDSHIP EXTENSIONS FOR THE TERMINATION AND AMORTIZATION OF SHORT-TERM RENTALS WITHIN THE HILLSIDE PLANED RESIDENTIAL (HPR) ZONE WHEREAS, the City Council of the City of Palm Desert, California, on October 10, 2024, considered adopting a policy for short-term rental hardship extensions for the termination and amortization of off-site short-term rentals in the Hillside Planned Residential (HPR); and WHEREAS, pursuant to the authority granted to the City of Palm Desert (“City”) by Article XI, Section 7 of the California Constitution, the City has the police power to regulate the use of land and property within the City in a manner designed to promote public convenience and general prosperity, as well as public health, welfare, and safety; and WHEREAS, according to the California Environmental Quality Act (CEQA), the City must determine whether a proposed activity is a project subject to CEQA. If the project is subject to CEQA, staff must conduct a preliminary assessment of the project to determine whether the project is exempt from CEQA review. If a project is not exempt, further environmental review is necessary. The application has complied with the requirements of the "2024 Local Guidelines for Implementing the California Environmental Quality Act for the City of Palm Desert” Resolution No. 2024 -035, in that the Director of Development Services has determined that the policy for short-term rental hardship extensions is exempt from CEQA review pursuant to Section 15061(b)3 in that the amendments to further regulate the use of short-term rentals will not have a significant negative impact on the environment; and WHEREAS, the City Council of the City of Palm Desert, California has determined that the proposed policy, is consistent with the General Plan and applicable state law; and WHEREAS, at said meeting, and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to exist to approve said resolution: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California as follows: SECTION 1. The City Council hereby adopts the foregoing recitals as its findings in support of the following regulations to add a hardship extension process and further finds that the following regulations, including the eventual elimination of off-site short-term rentals in the HPR zone, are beneficial and appropriate to protect the health, safety and welfare of the residents and businesses of Palm Desert within the City limits. SECTION 2. The City Council hereby adopts the Policy for Hardship Extensions attached hereto as Exhibit “A”. 419 RESOLUTION NO. 2024- 2 ADOPTED ON______________________2024 ________________________________ KARINA QUINTANILLA MAYOR ATTEST: __________________________________ ANTHONY J. MEIJA CITY CLERK I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2024-__ is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on _______________________, by the following vote: AYES: NOES ABSENT: ABSTAIN: RECUSED: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ___________________. ________________________________ ANTHONY J. MEJIA CITY CLERK 420 RESOLUTION NO. 2024- 3 Exhibit “A” POLICY FOR HARDSHIP EXTENSIONS PURSUANT TO PDMC SECTION 5.10.080 A. If an owner believes that termination of the short-term rental use by December 31, 2026, will not provide the owner a reasonable period within which to recover the costs that the owner reasonably invested for short-term rental use, and that such costs cannot be recovered once the short -term rental use is terminated, the owner may apply to the director of development services for a hardship extension. The application for a hardship extension shall be made, processed, and acted on in accordance with the following provisions: 1. The hardship extension is available only to short-term rental owners who have consistently paid the Transit Occupancy Tax (TOT) and Tourism Business Improvement District (TBID) assessment to the city. If no TOT or TBID payments have been made to the city for a period greater than half of the permit’s effective duration, it will be presumed that no hardship exists. 2. The department of development services will begin receiving applications for hardship extensions on December 1, 2024. An application will be reviewed for completeness and the owner will be notified of any deficiencies, or that the application is complete, within thirty (30) days. The city will endeavor to complete review, hear appeals and make a final determination with in five (5) months of receipt of a complete application, assuming the owner reasonably cooperates in the process. Consequently, owners desiring a final decision by December 31, 20 26 should have a complete application on file by no later than August 1, 20 26. An extension of a short-term rental permit past December 31, 2026 will not be granted simply because an application for a Hardship Extension is pending. 3. The owner shall sign the application under penalty of perjury. The application shall set forth the amount of additional time that the owner contends is necessary, beyond December 31, 2026, to recover the costs that the owner reasonably invested for short-term rental use and that cannot be recovered once the short-term rental use is terminated. The application shall fully set forth the owner’s justification for such additional time and shall include, along with whatever other information the owner believes to be relevant, the following information. (a) Internal Revenue Service Schedule E (Supplemental Income and Loss), Schedule C (Net Profit from Business (Sole Proprietorship), or a Schedule K - 1 (Partner’s Share of Current Year Income, Deductions, Credits, and Other Items) from Owner’s federal income tax returns for the years since commencement of operation of the Short-Term rental. (b) Depreciation Schedule from the most recent income tax year showing the depreciable basis in the short-term rental, as well as any depreciable improvements or assets used it the Short-Term rental. 421 RESOLUTION NO. 2024- 4 (c) The date that the property was acquired by the owner, the price and other terms of the acquisition that materially affected the price, the closing escrow documents, and the purpose for which the property was acquired by the owner. If the property was acquired by a means other than an arm s-length purchase (including without limitation a gift or inheritance), then the owner shall provide information concerning the most recent arms-length purchase involving the property and the fair market value of the property on the date of owner’s acquisition. (d) Finance terms of the short-term rental, if financed, documenting amount financed, interest rate and term of financing. (e) Each use that the owner has made of the property since the owner’s acquisition and the period of each such use, indicating the start and end date for each consecutive use, including each period of personal use, each period of compensated use by friends or other acquaintances, each short -term rental tenancy, each long-term rental tenancy, each period in which the property was put to some other use, and each period in which the property was left vacant and unused. The owner should also include the following information for each use period: (1) the number of days in each use period (end date less start date), (2) the amount of rent or other charges collected, (3) the amount of transient occupancy tax remitted to the city, (4) the amount of tourism business improvement district assessments remitted to the city, (5) the expenses directly associated with that period of use (including but not limited to commission fees). (f) A detailed listing of expenditures made by the owner for capital improvements to the property for the purpose of putting the property to short-term rental use, since it was acquired, including the purpose of each expenditure, the amount, the date, the payee, and any other relevant information for each expenditure. The owner shall provide receipts, executed contracts, or other written proof of each expenditure. (g) A detailed listing of expenditures made by the owner for capital improvements to the property other than those made for the purpose of putting the property to short-term rental use, since it was acquired, including the purpose of each expenditure, the amount, the date, the payee, and any other relevant information for each expenditure. The owner shall provide receipts, executed contracts, or other written proof of the each expenditure. (h) A detailed listing of all expenditures, other than for capital expenditures, incurred by the owner for the purpose of putting the property to short -term rental use, including the purpose of each expenditure, the amount, the date, the payee, 422 RESOLUTION NO. 2024- 5 and any other relevant information for each expenditure. The owner shall provide receipts, contracts, or other written proof of each expenditure. (i) A detailed projection of the income and expenses that are anticipated if the requested hardship extension is approved. (j) An identification and description of any contract with a third party that commits the property to a future short-term rental use, including the dates of the committed use, the rent to be charged for the use, any other amount to be charged or paid (e.g., cleaning fees, commissions, transient -occupancy tax), and any other relevant information relating to the contracted future use. The owner shall provid e written evidence of the contracts identified. (k) An identification and description of any long-term commitment, whether a lease, mortgage, or other commitment, that has been made by the owner in reliance on the ability to use the property for short-term rental purposes. The owner shall provide written documentation for each such commitment. (l) The fair market value (“FMV”) of the short-term rental property within six (6) months of the application. The owner shall provide the factual basis and analysis substantiating the FMV, including comparable-sales information, income- approach elements, and cost-approach elements. (m) A financial analysis demonstrating the amount of time that will be required for the owner to recover the costs reasonably invested for short -term rental use to the extent that such costs could not already have been reasonably recovered during the period of short-term rental use of the property and cannot be recovered once the short-term rental use is terminated. The analysis should identify reference sources for each item of data included and set forth the basis for each assumption made. The director of development services may provide the owner with a requested form or format for the financial analysis, and if provided, such form or format shall be c ompleted and submitted by the owner. 4. After receiving a timely filed application, the director of development services may request any additional information that the director deems in his or her discretion to be reasonably necessary to ascertain relevant f acts and circumstances; and, if requested, the owner shall provide the requested information within thirty (30) calendar days of the director’s request, unless the director provides for a longer period. The director may deem an application to be incomplete, and return it to the owner for additional information, if the information set forth in the application or requested by the director is not provided in a manner that is comprehensive and understandable and that demonstrates how the factual information pro vided leads to the conclusion that the requested hardship extension is necessary. If an application is returned as incomplete, the owner shall correct the deficiencies and provide the requested information within thirty (30) calendar days of the director’s request, unless the director expressly provides in writing for a longer period. The director, in his or her sole and absolute discretion, may waive one or more of the items listed above if he or she determines that the purpose and intent of this policy can be adequately achieved without the submittal of such item or items, but no waiver shall be effective unless in writing and signed by the director. 423 RESOLUTION NO. 2024- 6 5. The burden shall be on the owner to establish the need and grounds for a hardship extension and to establish the reasonableness of the requested duration of the extension. An owner’s failure to produce appropriate information or documentation shall be grounds for denying or reducing a hardship extension. Any alleged hardship that is based on action or expenditures not reasonably taken or made in light of the circumstances, shall not be grounds for an extension. Any expense for modification or improvement of the short-term rental property that was incurred after October 10, 2024, shall be presumed not to be reasonably incurred unless (i) the owner proves that the expense was reasonably necessary to operate the short-term rental in a way that would ultimately reduce the duration of the extension otherwise necessary by allowing for a quicker recovery of the owner’s qualifying costs, or (ii) the expense was incurred to satisfy a requirement of the city for the continued use and operation of the property. 6. The director of development services shall approve an extension upon determining that the owner has shown that sin ce the commencement of the use of the owner’s property as a short-term rental property, the owner has not had and will not have by December 31, 2025, a reasonable period of time within which to recover the costs that the owner reasonably invested for short-term rental use, and that those costs cannot be recovered once the short-term rental use is terminated. 7. In determining whether the owner has had and will have a reasonable period for recovery of costs, the director of development services shall consider the period of time that the owner has had for short-term rental use since the owner began to incur such costs, as well as the time available for continued short -term rental use until December 31, 2025. In addition to the information contained in the application submitted by the owner, the director of development services may consider such additional competent and relevant information that the director may obtain by staff investigation or from other sources as the director may choose to consult or obtain; however, the director shall not be obligated to conduct any independent investigation or to seek information outside the scope of the owner’s application. Upon request of the director, the owner shall be reasonably available to respond to questions or to review and discuss relevant information. 8. In considering the application and making a decision, the director of development services may take into account all relevant information that relates to the determination of whether the owner has had or will have a re asonable period of time to recover the costs that the owner reasonably invested for short -term rental use, and to the possibility that the costs can be recovered before the short-term rental use is terminated, including but not limited to any of the following matters: (a) The information submitted in the owner’s application. (b) The period of time that the owner has had for short-term rental use since the owner began to incur such costs. (c) The amount of investment or original cost incurred by the owner. 424 RESOLUTION NO. 2024- 7 (d) The income potential of the property since it was allowed to be used for short-term rental purposes and the income actually received by the owner from short-term rental use since it was allowed to be used for short-term rental purposes. (e) Any amortization or depreciation of the improvements to the property that has been prepared for tax purposes and any tax benefit that the owner might have derived from claiming depreciation. (f) The extent of the owner’s investment that is unique to the short-term rental use and does not serve any conforming use of the property. (g) The extent of the owner’s investment that could not be recovered on sale of the property. (h) The owner’s investment-backed expectations in light of current and pending regulation at the time that the investment was made. (i) The replacement cost of improvements that might have been made that only serve the short-term rental use; and the length of time that the owner has had the benefit of the investment before the termination of the use. (j) Any other information that bears on the reasonable period of time for the owner of a terminating short-term rental to recover the costs reasonably invested for short-term rental use. 9. A decision by the director of development services to deny an application for a hardship extension, in whole or in part, or to limit the duration of an extension to a shorter period than requested by the owner, may be appealed to the city manager. At the city manager’s option, a hearing may be conducted by a hearing officer appointed by the city manager or the city manager may conduct her or his own independent review. The deadline for filing an appeal shall be thirty (30) calendar days after the date that the written notice of the director of development services’ decision is mailed (via first class delivery) to the owner. Such an appeal may be filed only if the owner timely submitted a complete application to the director of development services for a hardship extension. 10. If appointed by the city manager, the hearing officer shall conduct an independent analysis of the information already submitted in the matter to the director of development services and, at the hearing officer’s discretion, a hearing; however, neither the city nor the owner may submit additional information to the hearing officer other than that which was submitted to the director of development services in connection with the owner’s application for hardship extension, except to the extent the information: (i) could not have reasonably been provided to the di rector of development services with the application; (ii) is necessary to rebut or respond to information submitted by the other party or any other person to the director of development services; or (iii) in response to a request by the hearing officer. The hearing officer’s recommendation shall be based on all relevant information, including the categories of information set forth in this section. The burden shall be on the owner to establish the need and grounds for the hardship extension and to establish the reasonableness of the requested duration of the extension. 425 RESOLUTION NO. 2024- 8 Any hardship that is based on actions or expenditures not reasonably taken or incurred in light of the circumstances shall not be grounds for an extension based on the criteria provided in this section. The recommendation of the hearing officer shall be considered by the city manager, who may adopt or modify the recommendation of the hearing officer. Whether or not a hearing officer was appointed, the decision of the city manager shall be final. 426 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: October 10, 2024 PREPARED BY: Nick Melloni, AICP, Principal Planner SUBJECT: INTRODUCTION OF AN ORDINANCE TO ADD CHAPTER 12.36 TO TITLE 12 OF THE PALM DESERT MUNICIPAL CODE ESTABLISHING PUBLIC RIGHT-OF-WAY VACATION PROCEDURES 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, ADDING CHAPTER 12.36 TO THE PALM DESERT MUNICIPAL CODE REGARDING PUBLIC RIGHT-OF-WAY VACATION PROCEDURES AND MAKING A FINDING OF EXEMPTION UNDER CEQA.” EXECUTIVE SUMMARY: Adopting staff’s recommendation will pass the proposed ordinance for right-of-way vacations to second reading. The proposed ordinance has been prepared based on direction from the City Council to City staff and the City Attorney. It is consistent with the procedural requirements of state law and notably establishes a policy favoring limited, conditional private use of public property—through encroachment permits and other City regulations—over the outright vacation of the City’s legal interest in right-of-way on such property. Additionally, the ordinance requires applicants to obtain an independent appraisal report to determine the value of right -of-way proposed for vacation, with limited exceptions for errors, public safety, or applicant hardship. BACKGROUND: City public rights-of-way provide for a variety of public needs, including but not limited to vehicular access, pedestrian access, open space, easements for various purposes such as drainage, or other restrictions. Rights-of-ways are typically dedicated to the City as a condition of tract and parcel map developments. If the City determines that a right-of-way is no longer needed for public use, the right-of-way may undergo a vacation process. A “vacation” means the complete or partial abandonment or termination of the public ’s right to use a street, highway, or public service easement. The vacation of public street right-of-way (“ROW”) and easements is generally governed by Division 9, Part 3 of the California Streets and Highways Code (Sections 8300-8363), which outlines procedural requirements for these actions. Currently, the City of Palm Desert has no local ordinance regarding the requirements and procedures for ROW or public service easement vacations and therefore adheres to the State’s minimum requirements. Cities, however, can establish additional requirements beyond those provided by state law. 427 City of Palm Desert Right-of-Way Vacation Ordinance Page 2 of 3 On April 25, 2024, while considering a street vacation request, the City Council directed City staff and the City Attorney to explore alternative means for releasing the City’s interest in public ROW and public service easements, while ensuring that appropriate compensation to the City would occur when right-of-way is vacated. The proposed ordinance has been prepared based on the direction given by the City Council. ANALYSIS: The proposed ordinance establishes a general policy statement regarding the City’s preference to avoid vacation of public right-of-way in favor of conditional private use of right-of-way through encroachment permits or other means. It also outlines procedures for both standard vacations and summary vacations, where applicable, and establishes application requirements for a property value appraisal to ensure appropriate compensation to the City when a vacation does occur. Policy Statement The proposed ordinance will establish a policy statement that th e City of Palm Desert favors limited, conditional private use of public right -of-way property through the encroachment permit process and other City regulations, rather than the outright vacation of the City’s legal interest in such property. Additionally, the ordinance emphasizes that public use of pedestrian stairway and pathway rights-of-way will be respected when considering vacation requests. Procedures When vacations are considered, the proposed procedures will be generally consistent with the requirements for vacation established by the California Street and Highways Code. The ordinance will define relevant terms, set public noticing requirements, ensure consistency with the General Plan, and outline public hearing requirements for vacations. Additionally, the procedures provide a process for summary vacations, which apply to excess right -of-way from a street or highway that is no longer needed for those purposes, or portions of right-of-way that lie within property under single ownership, subject to certain conditions. Appraisal Requirements The proposed ordinance will require applicants seeking vacations to submit an independent, written appraisal to determine the value of the right-of-way or portion thereof proposed for vacation. This appraisal must be obtained prior to consideration of the request by the City Council, with applicants bearing the cost of the appraisal. However, this requirement may be waived in the following instances: The vacation request is to correct an error in title of the right-of-way proposed for vacation. The right-of-way poses a serious, hazardous threat to public safety. The right-of-way creates an unreasonable hardship for the applicants if not granted, and no reasonable alternative exists, such as granting an encroachment permit. The findings of the appraisal report may be used in determining the level of compensation the City could require for vacation requests. The City may charge a fee or require compensation equivalent to the monetary value of the land being vacated. Compensation will also depend on how the public right-of-way, including streets, highways, and/or public service easements, was originally dedicated: 428 City of Palm Desert Right-of-Way Vacation Ordinance Page 3 of 3 Dedication by Easement: The right-of-way is dedicated to the City by easement. In this case, typically no compensation is required, as vacating the easement reverts public access rights to the underlying property owner without financial exchange . Dedication by Fee Simple: The right-of-way is owned by the City in fee simple. In this case, compensation is necessary for the applicant to purchase the property from the City, as the vacation would result in the transfer of ownership rights. Additionally, applicants seeking vacations will be required to provide a title report from a Title Company to the City as part of the application process to verify property ownership. Legal Review: This report has been reviewed by the City Attorney’s Office. Public Input: A ten-day public hearing notice for this item was posted in the Desert Sun newspaper on Friday, September 27, 2024. No comments have been received by City staff regarding this action. Environment Review: The proposed Ordinance is a Project pursuant to the requirements of the California Environmental Quality Act. The proposed Ordinance is exempt from further environmental review under 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 technical and administrative in nature. The Ordinance would codify procedures for vacating city rights-of-way or portions thereof. No construction is proposed, and the amendments do not constitute any project approvals. FINANCIAL IMPACT: No direct financial impacts will occur as a result of this action. Future vacation requests will be evaluated on a case-by-case basis and will have varying impacts based on value of the land paid to the City for vacated certain parcels and reduced cost of maintenance for vacated streets. ATTACHMENTS: 1. Draft City Council Ordinance 2. Public Hearing Notice 429 430 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 12.36 TO THE PALM DESERT MUNICIPAL CODE REGARDING PUBLIC RIGHT -OF-WAY VACATION PROCEDURES AND MAKING FINDINGS UNDER CEQA WHEREAS, the vacation of public streets, highways, and public services easements are generally governed by Division 9, Part 3 of the California Streets and Highways Code (Sections 8300-8363); and WHEREAS, the City of Palm Desert desires to establish local laws and procedures for the vacation of public streets, highways, and public service easements to augment the general provisions of the California Streets and Highways Code; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 10th day of October 2024, hold a duly noticed public hearing to consider the Ordinance; 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: THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Addition to Municipal Code. Chapter 12.36 Procedures for Vacating City Rights-of-Way or Portions Thereof is added to the Palm Desert Municipal Code to read as follows: “Chapter 12.36 PROCEDURES FOR VACATING CITY RIGHTS-OF-WAY OR PORTIONS THEREOF 12.36.010 Statement of policy on right-of-way vacations. The City of Palm Desert favors limited, conditional, private use of public right -of- way property through the encroachment permit process set forth in Chapter 12.04 of this Code and other City laws over the outright vacation of the City’s legal interest in such property. Further, the public use of pedestrian stairway and pathway rights -of-way shall be respected in considering requests for vacation. In certain situations, public right -of- way vacation may be appropriate pursuant to the provisions of this Chapter. 12.36.020 Definitions “Adoption” of a resolution includes passage or enactment of a resolution. “City” means the City of Palm Desert. 431 Ordinance No. _____ Page 2 “City Council” means the City Council of the City. “City Clerk” means the City Clerk of the City. “City Engineer” means the City Engineer or their designee. “Director” means the Director of Development Services or their designee. “Interested person” means the owner(s), or their authorized representative(s), of a parcel or parcels which is/are contiguous to the part of the public right-of-way sought to be vacated. “Planning Commission” means the Planning Commission of the City. “Public Body” means a city or special district as defined in Section 54775 of the Government Code. “Public service easement” includes all or part of, or any right in: (a) A right-of-way, easement, or use restriction acquired for public use by dedication or otherwise for sewers, pipelines, pole lines, electrical transmission and communication lines, pathways, storm drains, drainage, canal, water tra nsmission lines, light and air, and other limited use public easements other than for street or highway purposes. (b) An easement or right of a type described in Section 8340. “Public utility” means a public utility as defined in Section 216 of the Public Utilities Code. “Street” and “highway” includes all or part of, or any right in, a state highway or other public highway, road, street, avenue, alley, lane, driveway, place, court, trail, or other public right-of-way or easement, or purported public street or highway, and rights connected therewith, including, but not limited to, restrictions of access or abutters’ rights, sloping easements, or other incidents to a street or highway. “Vacation” means the termination of the public interest in a right -of-way (opened or unopened), and the extinguishment of the easement for public travel that is represented by the right-of-way. 12.36.030 Application A. Any interested person desiring to have a public street, highway, or public service easement vacated shall submit an application to the Director on forms provided by the City. B. Each application shall include the following information: 432 Ordinance No. _____ Page 3 1. A general and legal description of the right-of-way, or portion thereof, proposed to be vacated together with a map or plan which illustrates the extent of the vacation in relation to the right -of-way, public service easements, if any, and the contiguous properties. 2. An independent, written title report to determine ownership interests in the right-of-way, or portion thereof, proposed to be vacated, and the contiguous property or properties. The title report shall be issued by a title insurance company licensed and admitted to conduct business by the State of California. 3. A statement describing how the right-of-way sought to be vacated is unnecessary for present or prospective public use. 4. A deposit of the fee required pursuant to Section 12.36.030. 5. All additional information or documentation as required by the Director. C. If applicable, a statement and any accompanying documentary proof that the request for vacation is prompted by error, safety, or hardship as described in Section 12.36.060 and is eligible for expedited review under that section. 12.36.030 Fee required. A processing fee representing the estimated reasonable City costs to process the application shall be deposited with the City in order for the application to be complete. The fee amount shall be established by City Council resolution. 12.36.040 Acceptance of application – Planning Commission review. The Director, the City Engineer, and other staff shall review the application for completeness. The City shall seek input from the holders of any public service easements to determine if there are any adverse effects of the requested vacation upon these public service easements and the City may make changes or conditions to the requested vacation accordingly. Environmental inspections and/or review, if required, shall be conducted. Once the application is determined complete by City staff, it shall be submitted to the City Clerk. The City Clerk shall set the matter for consideration by the Planning Commission solely to determine if the location, purpose and extent of the vacation conforms with the City’s General Plan under Government Code Section 65402. The date the Planning Commission renders its determination shall initiate the proceedings for purposes of taking the vacation request to the City Council. At the Director’s discretion, the City may combine several vacation applications and present them to the Planning Commission or City Council in the same proceeding. At the conclusion of the Planning Commission proceedings, the City Clerk shall set the City Council public hearing date and follow the procedures set forth in Section 12.36.070 and Sections 8322 and 8323 of the California Streets and Highways Code. 433 Ordinance No. _____ Page 4 12.36.050 Appraisal required. Unless exempt pursuant to Section 12.36.060, an independent, written appraisal to determine the value of the right-of-way, or portion thereof, proposed to be vacated shall be obtained by the City prior to consideration of the request to vacate by the City Council. The right-of-way shall be valued at the same unit value of the contiguous property or properties for its highest and best use as if both the right-of-way to be vacated and the contiguous property or properties are vacant. That is, the appraisal shall consider the value of the right-of-way to be vacated irrespective of the existence of any improvements or structures. The applicant shall bear the cost of the appraisal. The City may combine several vacation applications in order to reduce and distribute the appraisal cost among several applicants. 12.36.060 Expedited review in instances of error, safety or hardship. Expedited review of vacation applications means the application, once complete, proceeds directly to the Planning Commission under Section 12.36.040 and is exempt from the appraisal requirement under Section 12.36.050. In order to qualify for expedited review, th e application must demonstrate to the satisfaction of the City Engineer that one or more of the following conditions exists: A. An error exists in title to the right-of-way proposed for vacation. An “error” is defined as a mistake in the legal description of the right-of-way, in the chain of title to the right-of-way, or in the property boundaries of the right-of-way, for example, by conflicts between metes and bounds descriptions, physical monuments, recorded maps or deeds or other recorded instruments. The e rror may be shown by a survey prepared at the sole cost of the applicant by a surveyor licensed by the State of California Board of Professional Engineers, Land Surveyors, and Geologists. The error must be described in detail and substantiated in writing by an opinion of a title insurance company licensed to do business in the State of California. B. The existence of the right-of-way proposed for vacation poses a serious, hazardous threat to the safety of the public or to the safety of the persons or property upon the property or properties. The safety hazards must be described in detail and attested in writing by the applicant under penalty of perjury. An example of a serious safety hazard would be a landslide or an imminent landslide. C. The existence of the right-of-way proposed for vacation poses an unreasonable hardship on the applicants if the vacation were not granted by the City. The instances of hardship must be described in detail and attested in writing by the applicant under penalty of perjury. An examp le of a hardship would be proof of substantial economic loss and/or unreasonable restraint against alienation if the vacation were not granted, and no other reasonable alternative exists such as issuance of an encroachment permit. 12.36.070 City Council procedure. 434 Ordinance No. _____ Page 5 The Director shall comply with the State law procedures for vacations, including without limitation the procedures set forth in the public streets, highways, and service easements vacation law (California Streets and Highways Code Sections 8300 and following). A public hearing is required before the City Council and the City Clerk shall cause legal notice to be provided. Notice shall include mailed notice to all properties within 300 feet of the right-of-way proposed to be vacated at least two week s’ ahead of the public hearing date. Per the California Streets and Highways Code Section 8323 the legislative body shall conspicuously post notices of vacation along the line of the street, highway, or public service easement proposed to be vacated. The notices shall be posted not more than 300 feet apart, but at least three notices shall be posted. If the line of the street, highway, or public service easement proposed to be vacated exceeds one mile in length, the legislative body may, in lieu of posting not more than 300 feet apart, post notices at each intersection of another street or highway with the street, highway, or public service easement to be vacated and at one point approximately midway between each intersection, but at least three notices sha ll be posted. At the Director’s discretion, the City may combine several vacation applications and present them to the City Council in the same proceeding. 12.36.080 Findings required. The City Council shall not adopt a resolution approving a vacation unless it finds as follows: A. The right-of-way to be vacated, or portion thereof, is unnecessary for present or prospective public use. B. The vacation conforms to the City’s General Plan, including the Mobility Chapter. C. The vacation serves the public interests to a degree greater than if the private use of the right-of-way was conferred by encroachment permit. D. The vacation has been reviewed in conformance with the California Environmental Quality Act and will have no environmental effects that adversely impact the public safety or welfare. E. Adequate consideration has been offered in exchange for vacating the public’s interest in the affected right-of-way. The adequacy of the consideration is not limited to monetary remuneration and is to be determined on a case -by-case basis at the sole discretion of the City Council. The Council may consider such factors as the appraised value of the vacated right -of-way, the use which the applicant is to make of the vacated right -of-way, and whether the loss of the public’s interest in the vacated right-of-way is offset by the increase in the public’s welfare, health or safety attributable to the applicant’s combined use of the vacated right-of-way and the properties contiguous to it. 435 Ordinance No. _____ Page 6 F. On a case-by-case basis, the City Council may determine that the vacated right-of-way shall not be used by the applicant or its successor to satisfy any development or building requirements associated with the contiguous parcel or parcels, for example to increase the development potential of the contig uous parcel or parcels, such as an increase in floor area ratio or lot coverage. G. The vacation shall not unreasonably interfere with the viability of the remaining right-of-way nor public service easements in proximity thereto. H. In order to render any one or more of the findings in this section, the City Council may impose conditions upon the vacation, including without limitation the requirement of the applicant to pay compensation; the requirement that the applicant release and indemnify the City from liabi lity, including environmental liability, and liability which may relate to neighboring properties; the requirement that the applicant maintain the vacated property; and the requirement that the vacation is subject to certain defined reservations and except ions. 12.36.090 Record of vacation. To the extent the City Council approves or conditionally approves the vacation, the decision shall be made by resolution and shall be recorded with the Riverside County Recorder together with any deeds or other instrume nts which may be required by law. The property vacated shall not be considered surplus property of the City.” 12.36.100 Summary vacation authority. A. The City Council may summarily vacate a street, or highway that has been superseded by relocation unless the vacation would (1) cut off all access to a person’s property, which prior to relocation adjoined the street or highway; or (2) terminate a public service easement unless the easement meets the criteria for summary vacation of a public service easement. B. The City Council may summarily vacate when the street or highway has been impassable for vehicular travel for 5 years and no public money has been expended for maintenance during that period. C. The City Council may summarily vacate an excess right -of-way of a street or highway if it is not required for street or highway purposes. D. The City Council may summarily vacate a portion of a street or highway if this portion lies within property under one ownership and does not continue through such ownership or end touching the property of another. E. The City Council may summarily vacate a street or highway pursuant to an agreement with the department of transportation pursuant to Streets and Highways Code Section 100.2 to close a street or highway at or near the point of its interception with a state freeway. 436 Ordinance No. _____ Page 7 F. The City Council may summarily vacate public service easements in any of the following circumstances: a. The easement has not been used for the purpose for which it was dedicated or acquired for 5 consecutive years immediately preceding the proposed vacation; b. The date of dedication or acquisition is less than 5 years, and more than 1 year, immediately preceding the proposed vacation, and the easement has not been used continuously since that date; or c. The easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement. G. The City Council shall not summarily vacate a street, highway, or public service easement if there are in-place public utility facilities that are in use and would be affected by the vacation. 12.36.110 Summary vacation procedure. A. The City Council may summarily vacate a street or highway by adopting a resolution of vacation after a general plan consistency finding by the planning department pursuant to California Government Code Section 65402(a). B. The City Council is not required to hold a public hearing to summarily vacate a street or highway. C. The resolution of vacation must then be recorded in the Riverside County Recorder’s office. From the date of such recording the vacation will be complete, and the street or highway will no longer constitute a street.” SECTION 2. 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 juri sdiction, 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 3. 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 technical and administrative in nature. The Ordinance would codify procedures for vacating city rights-of-way or portions thereof. No construction is proposed and the amendments do not constitute any project approvals. 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. 437 Ordinance No. _____ Page 8 SECTION 4. Publication. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this Ordinance in the Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effective thirty (30) days after its adoption. ADOPTED ON ___________________, 2024. KARINA QUINTANILLA MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK 438 Ordinance No. _____ Page 9 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 439 440 CITY OF PALM DESERT 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760-346-0611 PLANNING@PALMDESERT.GOV CITY OF PALM DESERT PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, TO CONSIDER ADOPTION OF AN ORDINANCE ADDING CHAPTER 12.36 TO THE PALM DESERT MUNICIPAL CODE REGARDING PUBLIC RIGHT-OF-WAY VACATION PROCEDURES AND MAKING FINDINGS UNDER THE CALIFORNIA ENVIRONEMNTAL QUALITY ACT (CEQA) The City of Palm Desert (City), in its capacity as the Lead Agency for this project, has determined the action is exempt pursuant to CEQA Guidelines section 15061(b)(3). PROJECT LOCATION: Citywide PROJECT DESCRIPTION: The action to be considered is an ordinance which would add a chapter to the Palm Desert Municipal Code establishing procedures and requirements for vacating City rights-of-way, and public easements, or portions thereof. PUBLIC HEARING: NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Desert, California, will hold a Public Hearing on Thursday, October 10, 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/our-city/mayor-and-city- council-/city-council-meeting-information-center REVIEW OF PROJECT INFORMATION: Information concerning the proposed lease rate and licensing requires is available for review in the Office of the City Clerk at 73510 Fred Waring Drive, Palm Desert, California during regular business hours and on the City’s website at https://www.palmdesert.gov/our-city/mayor-and-city-council-/city-council-meeting-information- center COMMENT ON THIS APPLICATION: Response to this notice may be made as follows: Written comments may be submitted to the City Council by letter to the address below or email at CouncilMeetingComments@palmdesert.gov. Transmittal prior to the start of the meeting is required. Any correspondence received during or after the meeting will be distributed to the City Council as soon as practicable and retained for the official record. Any challenge of the proposed project in court may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior, to the public hearing. (Government Code Section 65009[b][2]). Si necesita ayuda con esta notificación, por favor llame a la Ciudad de Palm Desert y comuníquese con Gloria Sanchez (760) 346-0611 ext. 354 PUBLISH: THE DESERT SUN ANTHONY J. MEJIA, MMC, CITY CLERK September 27, 2024 CITY OF PALM DESERT, CALIFORNIA 441 442 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: October 10, 2024 PREPARED BY: Richard D. Cannone, AICP, Development Services Director SUBJECT: INTRODUCTION OF AN ORDINANCE UPDATING PALM DESERT MUNICIPAL CODE CHAPTER 2.18, BUILDING BOARD OF APPEALS AND MAKING FINDINGS UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) RECOMMENDATION: Hold a public hearing and introduce an ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, UPDATING PALM DESERT MUNICIPAL CODE CHAPTER 2.18, BUILDING BOARD OF APPEALS AND MAKING FINDINGS UNDER CEQA.” BACKGROUND/ANALYSIS: A recent appeal of the Building Official’s application of the Building Code related to emergency egress, first to the Building Board of Appeals and then to the City Council, revealed an inconsistency regarding what can be appealed. The Building Board of Appeals is tasked with hearing appeals on decisions made by the Building Official; however, rules do not currently prohibit the appeal of a ministerial action or an action that does not involve the exercise of administrative discretion or personal judgment, as is the case with appeals that go directly to City Council. To address this inconsistency and provide a general clean -up of PDMC Chapter 2.18, staff proposes the following revisions: 1. Clarify Appeal Procedures: The strict enforcement of a building code standard by the Building Official would no longer be appealable, as it does not involve discretion or personal judgement. This change would align the procedures with those for appeals that go directly to City Council. 2. Board Membership Requirement: Update the qualifications for board members to require a thorough understanding of the California Building Code and related city regulations and ordinances. 3. Clarify Decision Authority: Add a new section to clarify the following: a. The Building Board of Appeals has no authority to waive requirements of any code, which is consistent with California Building Code Section 113.2. b. The Building Board of Appeals shall either approve, approve with modifications, or deny the appeal, and shall specify any conditions or limitations imposed. c. The decision of the Building Board of Appeals shall be final . A written decision shall be sent to the appellant, informing them that they may file an appeal with the California Building Standards Commission (CBSC) pursuant to California Administrative Code Section 1-303(a). This appeal procedure allows individuals to 443 City of Palm Desert PDMC Chapter 2.18 – Building Board of Appeals Page 2 of 2 file an appeal directly to CBSC, independent of the City. The CBSC is not obligated to act on or consider the appeal and may choose to either review or reject it. The proposed updates are consistent with what staff presented to City Council during the September 12, 2024, Study Session and have been incorporated into the draft ordinance provided as Attachment 1. Legal Review: This report has been reviewed by the City Attorney’s Office. Environment Review: The proposed Ordinance is exempt from further environmental review under 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. The Ordinance would update the building board of appeals requirements and procedures. No construction is proposed, and the amendments do not constitute any project approvals. Public Input: A ten-day public hearing notice for this item was posted in the Desert Sun newspaper on Friday, September 27, 2024. No comments have been received by City staff regarding this action. FINANCIAL IMPACT: There is no financial impact related to this action. ATTACHMENTS: 1. Ordinance 2. Public Notice 444 ORDINANCE NO. ______ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, UPDATING PALM DESERT MUNICIPAL CODE CHAPTER 2.18, BUILDING BOARD OF APPEALS AND MAKING FINDINGS UNDER CEQA WHEREAS, Palm Desert Municipal Code (“Municipal Code”), Chapter 2.18 establishes a Building Board of Appeals; and WHEREAS, the Building Board of Appeals is created to hear and decide appeals of order, decisions, or determinations made by the Building Official relative to the application and interpretation of the California Building Code and City’s local building code; and WHEREAS, City of Palm Desert (“City”) periodically reviews the Municipal Code to identify areas the need updating, clarification, and revisions in accordance with state law; and WHEREAS, the City Council of the City of Palm Desert desires to enact the Ordinance to make such updates, clarifications, and revisions to the Municipal Code; and WHEREAS, all other legal prerequisites to the presentation of this Ordinance have occurred. THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES ORDAIN AS FOLLOWS: SECTION 1. The Palm Desert Municipal Code Chapter 2.18 Building Board of Appeals is amended to read as follows: “Chapter 2.18 Building Board of Appeals 2.18.010. Established. The building board of appeals and condemnation ("building board") is hereby established for the City of Palm Desert ("City"). The provisions set forth in Chapter 2.34 of this code shall apply to this board, 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. 2.18.020. Purpose. The purpose of the building board of appeals is to conduct hearings that allow appellants to present evidence to reverse or amend a city official’s administrative decision regarding any matter covered by Title 15 of this code. The right to appeal applies when the objection involves the exercise 445 Ordinance No. _____ Page 2 of administrative discretion or personal judgment by the city official pursuant to any provisions of Title 15 of this code. This board will hear appeals related to the application of building standards, except where the city official’s decision is ministerial and involves the strict application of objective requirements and standards of this code and the California Building Code. The building board may also ratify alternate materials and methods of construction that are not specifically recognized in the California Building Code. 2.18.030. Members. The building board shall be comprised of five community members. Members shall possess a thorough understanding of the California Building Code and related city regulations and ordinances. 2.18.040. Meetings/appeal hearings. A. The building board meetings will be scheduled as needed when letters of appeal from building officer decisions are received. B. The building board secretary shall collect letters of appeal and prepare an agenda for each meeting which shall be furnished to members prior to the meeting. C. Requests for hearings must be scheduled at least ten days prior to such hearing. D. If a party of any appeal intends to submit evidence, or legal argument, outside of the expertise of the building board, said party shall so inform the building board secretary in writing at the time the appeal is filed. Failure to provide such information shall be cause to prohibit the presentation of such evidence or argument. E. The building board shall be the judge of the qualifications of persons appearing as expert witnesses and shall be empowered to refuse to receive the testimony of any purported expert not so qualified. 2.18.050. Decisions. A. In rendering its decision, the building board has no authority to waive requirements of any code (California Building Code Section 113.2.). The building board shall either approve, approve with modifications or den y the appeal, and shall specify any conditions or limitations imposed. B. The decision of the building board shall be final. The written decision shall be sent to the appellant and shall provide that the appellant may file an appeal with the California Building Standards Commission pursuant to California Administrative Code Section 1-303(a).” SECTION 2. 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 446 Ordinance No. _____ Page 3 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 3. 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 technical and administrative in nature. The Ordinance would update the building board of appeals requirements and procedures. No construction is proposed, and the amendments do not constitute any project approvals. In reviewing the Ordinance, the City Council has exercised its independent judgment and has reviewed and considered the Ordinance in light of all testimony received, both oral and written. Therefore, based upon the entire administrative record, the City Council hereby determines that no further environmental review is required for the Ordinance. SECTION 4. 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 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: 447 Ordinance No. _____ Page 4 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 448 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 NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, TO CONSIDER ADOPTION OF AN ORDINANCE UPDATING PALM DESERT MUNICIPAL CODE CHAPTER 5.10, SHORT TERM RENTALS AND MAKING FINDINGS UNDER CEQA The City of Palm Desert (City), in its capacity as the Lead Agency for this project, has determined the action is exempt pursuant to CEQA Guidelines section 15061(b)(3). PROJECT LOCATION: Citywide PROJECT DESCRIPTION: The action to be considered is an ordinance which would update and clarify the procedures, requirements, and permitted locations of Short Term Rentals. PUBLIC HEARING: NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Desert, California, will hold a Public Hearing on Thursday, October 10, 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/our-city/mayor-and-city- council-/city-council-meeting-information-center REVIEW OF PROJECT INFORMATION: Information concerning the proposed lease rate and licensing requires is available for review in the Office of the City Clerk at 73510 Fred Waring Drive, Palm Desert, California during regular business hours and on the City’s website at https://www.palmdesert.gov/our-city/mayor-and-city-council-/city-council-meeting-information- center COMMENT ON THIS APPLICATION: Response to this notice may be made as follows: Written comments may be submitted to the City Council by letter to the address below or email at CouncilMeetingComments@palmdesert.gov. Transmittal prior to the start of the meeting is required. Any correspondence received during or after the meeting will be distributed to the City Council as soon as practicable and retained for the official record. Any challenge of the proposed project in court may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior, to the public hearing. (Government Code Section 65009[b][2]). Si necesita ayuda con esta notificación, por favor llame a la Ciudad de Palm Desert y comuníquese con Gloria Sanchez (760) 346-0611 ext. 354 PUBLISH: THE DESERT SUN ANTHONY J. MEJIA, MMC, CITY CLERK September 27, 2024 CITY OF PALM DESERT, CALIFORNIA 449