Palm Desert City Council
September 14, 2023

PALM DESERT CITY COUNCIL

MEETING AGENDA

Thursday, September 14, 2023
3:30 p.m.

Council Chamber, City Hall
73-510 Fred Waring Drive
Palm Desert, California

This is a joint meeting of the Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment Agency, and the Palm Desert Housing Authority. Pursuant to Assembly Bill 2449, this meeting may be conducted as a hybrid meeting allowing public access via teleconference or in person, and up to two Councilmembers may attend remotely.

WATCH THE MEETING LIVE: Watch the City Council meeting live at the City’s website:
www.palmdesert.gov under the “Council Agenda” link at the top of the homepage, or on the City’s YouTube Channel.

OPTIONS FOR PARTICIPATING IN THIS MEETING:

If unable to attend the meeting in person, you may choose from the following options:

OPTION 1: VIA EMAIL
Send your comments by email to: [email protected].

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

1. (213) 338-8477 and enter Meeting ID 833 6744 9572 followed by #.

2. Indicate that you are a participant by pressing # to continue.

During the meeting, press *9 to add yourself to the queue and wait for the Mayor or City Clerk to announce your name/phone number. Press *6 to unmute your line and limit your comments to three minutes.

3. Pages

1. CALL TO ORDER - CLOSED SESSION - 3:30 P.M.

2. PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY
This time has been set aside for members of the public to address the City Council on items contained only on the Closed Session Agenda within the threeminute time limit. Speakers may utilize one of the three options listed on the last page of this agenda.

3. RECESS TO CLOSED SESSION

4. CLOSED SESSION AGENDA
RECOMMENDATION:

The following items will be considered in closed session.

4.a Closed Session Meeting Minutes: August 24, 2023

4.b Conference with Labor Negotiators pursuant to Government Code Section 54957.6
Agency designated representatives: Todd Hileman, Chris Escobedo, Andrea Staehle
Employee organization: Palm Desert Employees Organization

5. ROLL CALL - REGULAR MEETING - 4:00 P.M.

6. PLEDGE OF ALLEGIANCE
Mayor Pro Tem Quintanilla

7. INSPIRATION
Councilmember Trubee

8. REPORT OF CLOSED SESSION
City Attorney Hargreaves

9. AWARDS AND PRESENTATIONS

9.a PRESENTATION - HUNGER ACTION MONTH

9.b PRESENTATION - CITY OF PALM DESERT EMPLOYEES 11

10. CITY MANAGER COMMENTS

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 last page of the agenda. Because the Brown Act does not allow the City Council to act on items not listed on the agenda, members may briefly respond or refer the matter to staff for a report and recommendation at a future meeting.

City Council Meeting

13. CONSENT CALENDAR
All matters listed on the Consent Calendar are considered routine and may be approved by one motion. The public may comment on any items on the Consent Agenda within the three-minute time limit. Individual items may be removed by the City Council for a separate discussion.

RECOMMENDATION:

To approve the consent calendar as presented.

13.a APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND

HOUSING AUTHORITY MINUTES
17 RECOMMENDATION:

Approve the Minutes of August 24, 2023, Study Session and Regular Meeting.

13.b APPROVAL OF WARRANTS 31
RECOMMENDATION:

Approve the warrants issued for the period 6/30/2023 to 8/31/2023.

13.c RECEIVE AND FILE APPLICATION FOR ALCOHOLIC BEVERAGE

LICENSE
81 RECOMMENDATION:

Receive and file the application for Alcoholic Beverage License for the following business:

1. Yours Truly Wine Importers; 77564 Country Club Dr. Suite 227

13.d RESOLUTION EXTENDING PARTICIPATION IN THE RIVERSIDE

COUNTY SERVICE AUTHORITY ABANDONED VEHICLE ABATEMENT
PROGRAM UNTIL MAY 31, 2034
85 RECOMMENDATION:

Adopt a resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE

EXTENSION OF THE SERVICE FEE COLLECTED ON BEHALF OF THE

RIVERSIDE COUNTY ABANDONED VEHICLE ABATEMENT SERVICE
AUTHORITY UNTIL MAY 2034.”

13.e RESOLUTION TO AUTHORIZE DESTRUCTION OF OBSOLETE

RECORDS FROM THE SPECIAL PROGRAMS DIVISION
89 RECOMMENDATION:

Adopt a resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS

FINDINGS AND AUTHORIZING THE DESTRUCTION OF PAPER
RECORDS FROM THE SPECIAL PROGRAMS DIVISION"
City Council Meeting

13.f RECEIVE AND FILE INFORMATIONAL REPORT FOR ROAD

CLOSURES SCHEDULED TO OCCUR ON EL PASEO ASSOCIATED
WITH FISCAL YEAR 2023/24 ROUTINE SPECIAL EVENTS
95 RECOMMENDATION:

Receive and file informational report for road closures scheduled to occur on El Paseo associated with the following Fiscal Year 2023/24 routine special events:

Desert Cancer Foundation’s Paint El Paseo Pink – Saturday, October 14, 2023.

1. Palm Desert Area Chamber of Commerce’s (PDACC) Golf Cart Parade – Sunday, October 29, 2023.

2. Martha’s Village and Kitchen’s Thanksgiving 5K – Thursday, November 23, 2023.

3. Palm Desert Charter Middle School Foundation’s Panther 5K – Sunday, January 28, 2024.

4. 13.g RECEIVE AND FILE A LETTER OF OPPOSITION TO ASSEMBLY BILL 1484 (ZBUR): TEMPORARY PUBLIC EMPLOYEES
97 RECOMMENDATION:

Receive and file a letter of opposition to Assembly Bill 1484 (Zbur):

Temporary Public Employees.

13.h SECOND READING AND ADOPTION OF ORDINANCE NO. 1399, AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, UPDATING CHAPTER 8.20 REGARDING PUBLIC

NUISANCE ABATEMENT AND COST RECOVERY PROCEDURES
111
RECOMMENDATION:

Waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. 1399 entitled, "AN ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, UPDATING CHAPTER 8.20 REGARDING PUBLIC NUISANCE
ABATEMENT AND COST RECOVERY PROCEDURES".

13.i SECOND READING OF ORDINANCE TO CHANGE ZONING
DESIGNATION OF PARCEL 1 OF PARCEL MAP NO. 36614, LOCATED APPROX. 500 FEET FROM NW CORNER OF HWY 111 AND FRED
WARING DR. FROM RESPORT COMMERCIAL CENTER (PC-4) TO
DISTRICT COMMERCIAL CENTER (PC-2) - CEQA FINDING
129
RECOMMENDATION:

Waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. 1398 entitled, "AN ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA,

ADOPTING A NOTICE OF EXEMPTION PURSUANT TO THE STATE OF

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND
APPROVING A CHANGE OF ZONE FROM PC-4 TO PC-2 FOR THE
PROPERTY LOCATED ON PARCEL 1 OF PARCEL MAP NO. 36614 AT 72221 HIGHWAY 111 (ASSESSOR'S PARCEL NUMBER 640-020-054) CASE NO. CZ23-0001".

City Council Meeting

13.j HOUSING AUTHORITY - APPROVE CHANGE ORDER NO. 1 TO
CONTRACT HA45140 WITH JACOBSSON ENGINEERING
CONSTRUCTION, INC., FOR THE FURNISHING AND INSTALLATION OF 10 CARPORTS AT ONE QUAIL PLACE IN THE AMOUNT OF
$601,000 (PROJECT CHA00003)
135
RECOMMENDATION:

Approve Change Order No. 1 to Contract HA45140 with
Jacobsson Engineering Construction, Inc., for the furnishing and installation of 10 carports at One Quail Place in the amount of $601,000.

1. Authorize additional 10% contingency in the amount of $60,100 for unforeseen conditions.

2. Appropriate $661,100 to Account Number No. 8714195-4331100 from the Housing Authority’s Committed Reserve Funds.

3. Authorize the Executive Director or his designee to take any necessary actions to facilitate the agreement, to execute the Change Order and any documents necessary to effectuate the actions taken herewith.

4. 13.k AUTHORIZE THE USE OF QUILL, LLC., AND NATIONAL SERVICES

COMPANY DBA WAXIE SANITARY SUPPLY FOR THE PURCHASE OF

OFFICE, JANITORIAL, AND SANITARY SUPPLIES FOR THE PALM
DESERT HOUSING AUTHORITY FOR FISCAL YEAR 2023/24
139
RECOMMENDATION:

Authorize the use of, and establish an account with, Quill, LLC, for the purchase of office supplies for the management of the Housing Authority properties pursuant to Section 3.30.160 (E) of the Palm Desert Municipal Code in an amount not to exceed $53,700 for Fiscal Year 2023/24.

1. Authorize the use of, and establish an account with, National Services Company dba Waxie Sanitary Supply for the purchase of janitorial and sanitary supplies for the Housing Authority properties pursuant to Section 3.30.160 (E) of the Palm Desert Municipal Code in an amount not to exceed $32,340 for Fiscal Year 2023/24.

2. 13.l RATIFY A CHANGE ORDER FOR CONTRACT NO. C41770 WITH RIVERSIDE COUNTY ANIMAL SERVICES IN THE AMOUNT OF $58,725

TO COVER ADDITIONAL COSTS FOR FIELD AND ANIMAL SHELTER
SERVICES FOR FISCAL YEAR 2022/23 – BUDGET ADJUSTMENT
145
RECOMMENDATION:

Ratify a Change Order for Contract No. C41770 with Riverside County Animal Services in the amount of $58,725 to cover additional costs for field and animal shelter services for Fiscal Year 2022/23.

City Council Meeting

13.m HOUSING AUTHORITY - AUTHORIZE AN INCREASE TO THE NOT TO EXCEED AMOUNT FOR HD SUPPLY FACILITIES MAINTENANCE, LTD., IN THE AMOUNT OF $10,000 FOR FISCAL YEAR 2022/23
147
RECOMMENDATION:

Authorize an increase of $10,000 to the not to exceed amount of HD Supply Facilities Maintenance in Fiscal Year 2022/23 for an aggregate amount of $220,000.

13.n REQUEST FOR APPROVAL OF SIDE LETTER CLARIFYING CALLBACK

PAY IN THE MEMORANDUM OF UNDERSTANDING BETWEEN THE

CITY OF PALM DESERT AND THE PALM DESERT EMPLOYEE

ORGANIZATION
149
RECOMMENDATION:

Approve the side letter clarifying callback pay in the Memorandum of Understanding between the City of Palm Desert and the Palm Desert Employee Organization.

1. Authorize the City Manager to take actions to implement the side letter between the City of Palm Desert and Palm Desert Employee Organization.

2. 13.o ACCEPT A RESIGNATION FROM THE CIVIC ENGAGEMENT

COMMITTEE
155
RECOMMENDATION:

With regret, accept the resignation of Jonathan Stutz from the Civic Engagement Committee.

13.p ADOPT A RESOLUTION APPROVING FINAL TRACT MAP NO. 37639

AND AGREEMENTS
157
RECOMMENDATION:

Adopt a resolution entitled, “A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA,

APPROVING THE FINAL SUBDIVISION MAP OF TRACT MAP
37639.

1. Authorize the Mayor to execute the Agreement for the Exchange of Real Property and any documents necessary to effectuate and implement the actions taken herewith.

2. Authorize the Mayor to execute a Master Agreement for Grant of Temporary Construction, Access, and Parking Easements.

3. Authorize the City Attorney to make non-substantive changes to the Agreements and City Manager to execute any changes to said Agreements.

4. 13.q RATIFY AMENDMENT NO. 1 TO CONTRACT NO. C44620B WITH BELFOR USA GROUP, INC., FOR PROPERTY RESTORATION

SERVICES
351
RECOMMENDATION:

Ratify Amendment No. 1 to Contract No. C44620B with Belfor USA Group, Inc., for property restoration services.

City Council Meeting

13.r ACCEPTANCE OF A RESIGNATION FROM THE HOMELESSNESS

TASKFORCE AND APPOINTMENTS TO THE HOMELESSNESS

TASKFORCE AND HOUSING COMMISSION
355
RECOMMENDATION:

With regret, accept the resignation of Rosemary Anaya from the Homelessness Taskforce.

1. Appoint Christopher Schachter to the Homelessness Taskforce for a term ending June 30, 2025.

2. Appoint Davis Meyer to the Homelessness Taskforce for a term ending June 30, 2027.

3. Appoint Olivia Bocken to the Housing Commission as a Housing Authority Tenant for a term ending June 30, 2025.

4. Appoint Dominic Moore to the Housing Commission for a term ending June 30, 2027.

5. 13.s APPROVE CONTRACT WITH SHADE STRUCTURES, INC., DBA USA

SHADE & FABRIC STRUCTURES FOR SHADE IMPROVEMENTS AT

THE PALM DESERT AQUATIC CENTER AND FREEDOM PARK
(PROJECT NO. MFA00022 AND MPK00001, RESPECTIVELY)
357
RECOMMENDATION:

Approve a contract with Shade Structures, Inc., dba USA Shade & Fabric Structures (USA Shade) for shade improvements at the Palm Desert Aquatic Center and Freedom Park in the combined amount of $784,485.27.

1. Authorize the Finance Department to set aside a contingency amount of $150,000 for unforeseen circumstances.

2. Approve a budget appropriation from General Fund Reserves and transfer to Palm Desert Aquatic Center Capital Project Account No. 2424549-4400100 in the amount of $508,285.98.

3. Authorize the City Manager or designee to review and approve written contract amendment or change order requests up to the contingency amount.

4. Authorize the City Attorney to make non-substantive changes and the City Manager to execute all necessary documents.

5. 13.t INTRODUCTION OF AN ORDINANCE AMENDING SECTION 2.36.370

OF THE PALM DESERT MUNICIPAL CODE RELATED TO THE

READING OF ORDINANCES AND RESOLUTIONS
457
RECOMMENDATION:

Introduce an ordinance entitled, “AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 2.36.370 OF THE PALM DESERT MUNICIPAL CODE
RELATED TO THE READING OF ORDINANCES AND RESOLUTIONS.”
City Council Meeting

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 last page of the agenda.

14.a CONSIDERATION OF A THREE-YEAR SPONSORSHIP WITH DESERT PUBLICATIONS, INC., FOR FASHION WEEK EL PASEO AND FOOD &

WINE FESTIVAL PALM DESERT
461
RECOMMENDATION:

Approve a three-year Sponsorship Agreement with Desert
Publications, Inc., in the amount of $300,000 annually for Fashion Week El Paseo and the Palm Desert Food & Wine Festival.

1. Authorize use of the north side of Shadow Mountain Lane behind The Gardens on El Paseo for valet parking during the event.

2. Authorize waiver of all permit and inspection fees related to the event.

3. Authorize the City Attorney to make non-substantive changes and the City Manager to execute all necessary documents.

4. 14.b APPOINTMENT OF LORI DAVIS AS THE PALM DESERT POET

LAUREATE
555
RECOMMENDATION:

Appoint Lori Davis as Palm Desert’s inaugural Poet Laureate.

14.c APPROPRIATE FUNDS FOR EMERGENCY EXPENDITURES
INCURRED DURING THE AUGUST 2023 WEATHER EVENT
573
RECOMMENDATION:

Receive and file the report of expenditures to date related to the August 2023 weather event.

1. Appropriate funds in the amount of $1,765,000 from committed general fund balance allocated to emergency reserves to the emergency expenditure account (1104159-4219100) to cover expenditures incurred during the August 2023 weather event.

2. Authorize the City Manager to transfer funds from the emergency expenditure account to other expenditure accounts as appropriate.

3. 15. PUBLIC HEARINGS
The public may comment on individual Public Hearing Items within the threeminute time limit. The applicant or appellant will be provided up to five minutes to make their presentation. Speakers may utilize one of the three options listed on the last page of this agenda.

City Council Meeting

15.a RESOLUTION TO APPROVE THE FEE INCREASE FOR THE PALM

DESERT AQUATIC CENTER
577
RECOMMENDATION:

Hold a public hearing on the matter of approving a one-time increase of admissions fees to the Palm Desert Aquatic Center based on Year 1 of the proposed five-year fee increase plan.

1. Adopt a resolution entitled, “A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA,

INCREASING CERTAIN ENTRY FEES FOR THE PALM DESERT
AQUATIC CENTER AND TAKING OTHER ACTIONS THEREIN.”

2. 15.b PALM DESERT REDISTRICTING 2023 – PUBLIC HEARING #1 TO

RECEIVE INPUT FROM THE COMMUNITY REGARDING THE

REDRAWING OF ELECTION DISTRICT BOUNDARIES
589
RECOMMENDATION:

Receive and file a report on the redistricting process and permissible criteria to be considered to redraw district boundaries.

1. Conduct a public hearing to receive public input on district boundaries.

2. 16. INFORMATION ITEMS

17. ADJOURNMENT
City Council Meeting

18. PUBLIC NOTICES
Agenda Related Materials: Pursuant to Government Code §54957.5(b)(2) the designated office for inspection of records in connection with this meeting is the Office of the City Clerk, Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert. Staff reports for all agenda items considered in open session, and documents provided to a majority of the legislative bodies are available for public inspection at City Hall and on the City’s website at www.palmdesert.gov by clicking “Council Agenda” at the top of the page.

Americans with Disabilities Act: It is the intention of the City of Palm Desert to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the city will attempt to accommodate you in every reasonable manner. Please contact the Office of the City Clerk, (760) 346-0611, at least 48 hours prior to the meeting to inform us of your needs and to determine if accommodation is feasible.

AFFIDAVIT OF POSTING
I, Níamh M. Ortega, Assistant City Clerk of the City of Palm Desert, do hereby certify, under penalty of perjury under the laws of the State of California, that the foregoing agenda for the Palm Desert City Council, Successor Agency for the Palm Desert Redevelopment Agency, and Housing Authority, was posted on the City Hall bulletin board and City website www.palmdesert.gov no less than 72 hours prior to the meeting.
/S/ Níamh M. Ortega
Assistant City Clerk
City Council Meeting

Certificate of Appreciation
The City of Palm Desert recognizes the staff of the
Finance Department
for answering the call of duty in exemplary fashion during the storms of August 2023 with prompt creation of needed tracking systems for expenditures and investigation of funding sources, providing needed support to administrative and front-line workers and embodying Palm Desert culture at its best.

Presented by the City Council of the
City of Palm Desert, California.

Mayo ___ y
September 14, 2023

Certificate of Appreciation
The City of Palm Desert recognizes the staff of the
City Manager's Office
for answering the call of duty in exemplary fashion during the storms of August 2023 by assuring a full team effort with immediate response to all resident and business concerns, showing deep concern for the safety of all and embodying Palm Desert culture at its best.

Presented by the City Council of the
City of Palm Desert, California.

Certificate of Appreciation
The City of Palm Desert recognizes the staff of the
Development Services Department
for answering the call of duty in exemplary fashion during the storms of August 2023 with sensitive outreach to the unhoused and to those who were displaced by the storm, showing deep concern for the safety of all our residents and embodying Palm Desert culture at its best.

Presented by the City Council of the
City of Palm Desert, California.

Certificate of Appreciation
The City of Palm Desert recognizes the staff of the
Public Works Department
for answering the call of duty in exemplary fashion during the storms of August 2023 with dedication and resourcefulness, showing deep concern for the safety of all our residents and embodying Palm Desert culture at its best.

Presented by the City Council of the
City of Palm Desert, California.

Mayo lly
September 14, 2023

Certificate of Appreciation
The City of Palm Desert recognizes the staff of the
Economic Development Department;
for answering the call of duty in exemplary fashion during the storms of August 2023 with business outreach and open communication, showing deep concern for the safety of all and embodying Palm Desert culture at its best.

Presented by the City Council of the
City of Palm Desert, California.

May lly
September 14, 2023

1 Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority
Regular Meeting Minutes
August 24, 2023, 3:30 p.m.

Present: Councilmember Jan Harnik, Councilmember Gina Nestande, Mayor Pro Tem Karina Quintanilla, Councilmember Evan Trubee, and Mayor Kathleen Kelly

1. CALL TO ORDER - CLOSED SESSION - 3:30 P.M.

A Regular Meeting of the Palm Desert City Council was called to order by Mayor Kelly on Thursday, August 24, 2023, at 3:30 p.m. in the Council Chamber, City Hall, located at 73- 510 Fred Waring Drive, Palm Desert, California.

2. PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY

3. RECESS TO CLOSED SESSION
Mayor Kelly adjourned to Closed Session at 3:30 p.m.

4. CLOSED SESSION AGENDA
The following items will be considered in closed session.

4.a Closed Session Meeting Minutes: July 13, 2023

4.b Conference with Real Property Negotiations pursuant to Government Code Section 54956.8

4.b.1 PROPERTY DESCRIPTION: 73710 FRED WARING DRIVE, SUITE 135

4.b.2 PROPERTY DESCRIPTION: 45656 MOUNTAIN VIEW AVENUE

4.b.3 PROPERTY DESCRIPTION: DESERT WILLOW LOT PAD A (APN 620-400- 025)

5. ROLL CALL - REGULAR MEETING - 4:00 P.M.

6. PLEDGE OF ALLEGIANCE
Councilmember Harnik led the Pledge of Allegiance.

7. INSPIRATION
Mayor Pro Tem Quintanilla provided words of inspiration.

8. REPORT OF CLOSED SESSION
Assistant City Attorney Shah stated that no reportable actions were taken.

Palm Desert City Council Meeting
August 24, 2023
2 9. AWARDS, PRESENTATIONS, AND APPOINTMENTS
Mr. Ceja thanked Barbara Blythe for her 18 years of service to the City of Palm Desert, and announced that her name would be added to the City's plaque in the Administrative Services lobby which recognizes employees for their enduring excellence. Mayor Kelly presented Ms. Blythe with a proclamation announcing September 8, 2023, as Barbara Blythe Day.

9.a PROCLAMATION - DR. VINES DAY
Mayor Kelly presented a proclamation to Dr. Diane Vines in honor of National Health Clinic Month, and celebrated August 24, 2023, as Dr. Diane Vines Day.

10. CITY MANAGER COMMENTS
City Manager Hileman introduced Sgt. Porras who provided an update to the City Council on police services and thanked the City Council for their partnership.

Digital Strategies Analyst Penta, Public Works Director Alvarez, and Community Services Manager Muir narrated a PowerPoint presentation summarizing the City's response and efforts before, during, and after the recent weather event associated with Tropical Storm Hilary.

Economic Development Deputy Director Lawrence narrated a PowerPoint presentation regarding the City's 50th celebration in November 2023.

11. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION Councilmembers reported their attendance at various meetings and events, and thanked City staff for all of their efforts during the storm. Councilmember Harnik reported the opening of the Community Art Gallery; urged residents to participate in the LifeStream blood drive. Councilmember Trubee noted that all fourteen self-help homes on Merle Street closed escrow and provided an update on the library. Mayor Kelly echoed the sentiments of the Councilmembers regarding the excellent response by City staff; praised the decisions of City Council members in the 1970's and 1980's to begin a $60 million investment in flood control; and encouraged the City Council to be as prescient and mindful when faced with making similar decisions for future generations.

12. NON­AGENDA PUBLIC COMMENTS
Lisa Ford, Palm Desert resident, shared information on an open house for Alzheimer's Coachella Valley which will include a ribbon cutting for their new building.

Donald Ziegler, Palm Desert resident, urged the City Council to consider local backup power capabilities and other heat mitigation measures in the event of extreme climate conditions.

Brian Kim, Palm Desert High School senior, introduced his Artificial Intelligence (AI) fitness project, a fundraising project for Los Angeles Children's Hospital. Mayor Kelly referred the project to City Manager Hileman for additional follow-up.

Alex spoke of the impacts of greenhouse gasses on the desert.

Palm Desert City Council Meeting
August 24, 2023
3 13. CONSENT CALENDAR
City Clerk Mejia announced an urgency item relative to the recent weather event, stating the matter arose after the posting of the agenda and needed to be considered urgently.

MOTION by Councilmember Harnik, second by Councilmember Trubee to add the urgency item to the agenda as Item 13.p, unanimously approved (5-0).

City Clerk Mejia clarified that if Item 13.j were approved, the expenditure would come from Mayor Pro Tem Quintanilla's individual budget.

Motion by: Councilmember Harnik
Seconded by: Councilmember Trubee
Motion Carried (5 to 0)

13.a APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING

AUTHORITY MINUTES
Approve the Minutes of July 13, 2023.

13.b APPROVAL OF WARRANTS
Approve the warrants issued for the period 4/17/2023 to 8/11/2023.

13.c RECEIVE AND FILE APPLICATIONS FOR ALCOHOLIC BEVERAGE LICENSES Receive and file the applications for Alcoholic Beverage Licenses for the following businesses:

1. MR BS SUBS, LLC. 74600 HIGHWAY 111 Ste F

2. LA PRO Visions, Inc; LA PROVENCE PATISSERIE 72785 Hwy 111 Ste B1

3. CEC Entertainment; Chuck E Cheese's 72513 Hwy 111 Ste H

4. Palm Desert Harmony, Inc.; Pokehana 73405 Hwy 111 Ste 104

13.d ACCEPT RESIGNATIONS FROM THE CIVIC ENGAGEMENT COMMITTEE,

CULTURAL ARTS COMMITTEE, AND PARKS AND RECREATION COMMITTEE With regret, accept the resignations of Anyse Smith from the Civic Engagement Committee; Debra Norby (Alternate) from the Cultural Arts Committee; and James Henderson from the Parks and Recreation Committee.

Palm Desert City Council Meeting
August 24, 2023
4 13.e HOUSING AUTHORITY: RESOLUTION NO. HA-118 AUTHORIZING EXECUTION AND DELIVERY OF A HOUSING AND LOAN AGREEMENT WITH A0358 MONTEREY, L.P., APPROVING A LOAN IN THE AMOUNT OF $7,235,000 FOR CONSTRUCTION OF 176 AFFORDABLE HOUSING UNITS AND RELATED

ACTIONS

1. Approve Resolution No. HA-118 authorizing the execution and delivery of a Loan Agreement, Deed of Trust, Secured Promissory Note and Housing Agreement, in substantial form, between the Palm Desert Housing Authority and A0358 Monterey, L.P., a California Limited Partnership, and approving a loan in the amount of Seven Million Two Hundred Thirty-Five Thousand Dollars ($7,235,000.00) from the Authority’s Low and Moderate Income Housing Asset Fund to fund the construction of One-Hundred Thirty Nine (139) of the One-Hundred Seventy Four (174) affordable housing units comprising the proposed apartment project.

2. Authorize the Chairman and/or Executive Director, in consultation with legal counsel, to execute as appropriate and deliver, for and in the name of the Authority, the Loan Agreement, Deed of Trust, Secured Promissory Note and Housing Agreement presented to the Authority Board at this meeting, as the same may be modified by the Executive Director in consultation with legal counsel to the Authority, provided such modifications are materially consistent with the purpose of the Resolution.

3. Authorize the Chairman, the Executive Director, or their respective designees, in consultation with legal counsel to the Authority, to execute and deliver, for and in the name of the Authority, all other necessary or proper documents and instruments, and to do all things which they may deem necessary or proper to effectuate the purposes of the Resolution.

13.f APPROVE SECOND AMENDMENT TO THE EL PASEO PARKING & BUSINESS IMPROVEMENT DISTRICT CONTRACT NO. C43370 WITH FG CREATIVE

1. Authorize Amendment No. 2 to El Paseo Parking and Business Improvement District (EPPBID) Contract No. C43370 with FG Creative in the amount of $250,000 for Fiscal Year (FY) 2023/24.

2. Authorize the City Attorney to make non-substantive changes to the contract.

3. Authorize the City Manager to execute the agreement on behalf of the City.

Palm Desert City Council Meeting
August 24, 2023
5 13.g APPROVE A HOUSING AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND A0358 MONTEREY, LP, FOR THE CROSSINGS AT PALM DESERT

APARTMENTS PROJECT

1. Approve the attached Housing Agreement by and between the City of Palm Desert and A0358 Monterey, a California Limited Partnership, (“Owner”), in accordance with the conditions of approval of the development, of 176 units known as The Crossings at Palm Desert Apartments, a multifamily rental housing project located at the southeast corner of Dick Kelly Drive, Palm Desert, California (the “Project”).

2. Authorize the City Manager or his designee, to finalize the Housing Agreement, and the documents described in the Agreement or otherwise deemed necessary or proper to effectuate the Housing Agreement and conditions of approval, with such changes thereto as the City Manager or his designee, in consultation with the City’s legal counsel, may deem appropriate or necessary and consistent with the purposes of the Housing Agreement and conditions of approval, with such approval to be conclusively evidenced by the execution and delivery thereof.

3. Authorize the Mayor and/or City Manager or their designee, to execute and deliver, for and in the name of the City, the Housing Agreement and other documents, as described in Recommendation No. 2, and authorize the City Clerk to record the Housing Agreement.

13.h APPOINT AMY LAWRENCE TO THE COACHELLA VALLEY ECONOMIC

PARTNERSHIP'S BOARD OF DIRECTORS
Appoint Amy Lawrence to the Coachella Valley Economic Partnership’s Board of Directors.

13.i APPROVE OUT-OF-STATE TRAVEL FOR PUBLIC AFFAIRS MANAGER FOR

STRATEGIC MARKETING PLANNING IN AUSTIN, TX
Authorize out-of-state travel for the Public Affairs Manager to travel to Austin, TX, for an in-depth strategic planning session with the City’s creative agency, Idea Peddler.

13.j REQUEST FOR MAYOR PRO TEM QUINTANILLA TO PARTICIPATE IN THE 2024

LEADERSHIP COACHELLA VALLEY PROGRAM
Approve an expenditure in the amount of $1,200 for Mayor Pro Tem Quintanilla to participate in the 2024 Leadership Coachella Valley program.

Palm Desert City Council Meeting
August 24, 2023
6 13.k CITY COUNCIL AND HOUSING AUTHORITY: APPROVE DOWN PAYMENT

ASSISTANCE LOAN FROM THE LOW-AND MODERATE- INCOME HOUSING

ASSET FUND TO CONTINUE AN AFFORDABLE HOUSING COST FOR THE HOMEOWNERS AT 75-476 WILDFLOWER LANE

1. Approve the issuance of a silent down-payment assistance loan by the Palm Desert Housing Authority pursuant to the Desert Rose Sales Program and standard documents, in the amount of $30,000 to continue an affordable housing cost for the homeowners at 75-476 Wildflower Lane pursuant to California Health and Safety Code Section 50052.5 as a qualified low- or moderate-income household from the Low- and Moderate-Income Housing Asset Fund.

2. Authorize the release of the City’s Deed of Trust recorded December 7, 2012, securing the promissory note for the existing silent down payment BEGIN loan.

3. Authorize waiving the interest on the homeowner’s existing City Loan from the original date the City’s Deed of Trust recorded on December 7, 2012, through the date of release.

4. Approve the Palm Desert Housing Authority’s Housing Asset Fund down payment assistance loan term to be forgivable 30 years from the original City Loan recording of December 7, 2012, so long as all terms of the loan are met by the homeowners.

5. Authorize Director of Finance to transfer $30,000 from the Homebuyer Down Payment Assistance Account No. 8734699-4400100 and reimburse the City in BEGIN Fund.

6. Authorize the City Manager/Executive Director, or designee, to execute, release, and finalize any documents necessary to effectuate the actions taken herewith.

13.l RELEASE GRADING BOND AND REDUCE THE FAITHFUL PERFORMANCE AND LABOR AND MATERIALS BONDS FOR TR 37993, MONTAGE

1. Reduce the Faithful Performance and Labor and Materials Bonds for TR 37993.

2. Release the Grading Bond in the full amount of $186,906.

Palm Desert City Council Meeting
August 24, 2023
7 13.m AWARD CONTRACT NO. C46140 TO DESERT AIR CONDITIONING, INC., FOR

HEATING, VENTILATION, AND AIR CONDITIONING PREVENTATIVE MAINTENANCE IN THE ANNUAL AMOUNT OF $106,028 (PROJECT NO.

MFA00008)

1. Waive any minor proposal irregularities and award Contract No. C46140 to Desert Air Conditioning, Inc., for the Heating, Ventilation and Air Conditioning (HVAC) Preventative Maintenance in the annual amount of $106,028.

2. Authorize extra work and services for HVAC repairs and replacements up to the annual amount of $75,000.

3. Authorize the City Manager or designee to approve up to two, one-year contract amendments/extensions.

4. Authorize the City Manager or designee to review and approve change orders for any unforeseen circumstances per Section 3.30.170 of Ordinance No. 1392.

5. Authorize the City Attorney to make any necessary, non-monetary changes to the Agreement and the authorize the City Manager to execute said agreement.

13.n RESOLUTION AUTHORIZING DESTRUCTION OF OBSOLETE RECORDS FROM

THE FINANCE DEPARTMENT AND HUMAN RESOURCES DEPARTMENT
Adopt Resolution No. 2023-039 authorizing the destruction of obsolete records from the Finance Department and Human Resources Department pursuant to California Government Code Section 34090.

13.o AWARD ON-CALL CONTRACTS TO MULTIPLE VENDORS FOR PARK AND

FACILITIES REPAIRS AND IMPROVEMENT PROJECTS

1. Pursuant to PDMC Section 3.30.160(I), award Contract No. C44620D to R&R B Inc. dba Servpro of Chino/Chino Hills, Chino, California and Contract No.

C44620E to Doug Wall Construction, Bermuda Dunes, California for Park and Facilities Repairs and Improvements, for a period of three (3) years in an aggregate amount not to exceed $3,000,000 per fiscal year.

2. Authorize the City Manager to review and approve up to two (2) additional one-year terms per contract for an aggregated amount not to exceed $3,000,000 per fiscal year.

3. Authorize the City Manager or designee to review and approve change orders for unforeseen circumstances.

4. Authorize the City Manager to execute said agreements.

Palm Desert City Council Meeting
August 24, 2023
8 13.p RESOLUTION NO. 2023-040 TO RATIFY THE PROCLAMATION OF A LOCAL

EMERGENCY DUE TO HURRICANE HILARY
Adopt Resolution No. 2023-040 entitled, "A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF PALM DESERT, CALIFORNIA, RATIFYING THE

PROCLAMATION OF A LOCAL EMERGENCY DUE TO HURRICANE HILARY

ISSUED BY THE MAYOR AND CITY MANAGER ACTING AS THE EMERGENCY CORPS COMMANDER ON AUGUST 20, 2023."

14. ACTION CALENDAR

14.a APPROVAL OF AN AGREEMENT FOR LAW ENFORCEMENT SERVICES

BETWEEN THE CITY OF PALM DESERT AND THE COUNTY OF RIVERSIDE FOR A THREE-YEAR TERM FROM FY2024/2025 TO FY2026/2027
Emergency Services Coordinator Esqueda provided a staff report and responded to City Council inquiries.

Alex spoke in opposition to funding police services.

Motion by: Councilmember Harnik
Seconded by: Councilmember Nestande

1. Approve Agreement No. C46170 for Law Enforcement Services with the County of Riverside for a three-year term effective from July 1, 2024, through June 30, 2027.

2. Authorize the City Attorney to make any necessary, non-monetary changes to the Agreement.

3. Authorize the Mayor to execute the Agreement and any documents necessary to effectuate and implement the actions taken herewith.

Motion Carried (4-0-1, MAYOR PRO TEM QUINTANILLA ABSTAIN)

14.b PALM DESERT REDISTRICTING 2023 - REVIEW OF THE SCHEDULE OF

PUBLIC HEARINGS/WORKSHOPS AND PUBLIC EDUCATION AND OUTREACH PLAN – OPTIONAL PROCESSES FOR ESTABLISHING DISTRICT BOUNDARIES City Clerk Mejia narrated a PowerPoint presentation and responded to City Council inquiries.

Motion by: Councilmember Trubee
Seconded by: Councilmember Harnik

1. Approve the Public Education and Outreach Plan & Schedule of Public Hearings/Workshops.

2. Move forward with the Council-Driven option for boundaries.

Motion Carried (5 to 0)

Palm Desert City Council Meeting
August 24, 2023
9 14.c INTRODUCTION OF ORDINANCE NO. 1399 UPDATING CHAPTER 8.20 OF THE

PALM DESERT MUNICIPAL CODE UPDATING PUBLIC NUISANCE ABATEMENT

AND COST RECOVERY PROCEDURES, AND MAKING A FINDING OF

EXEMPTION UNDER CEQA
Director of Development Services Cannone provided a staff report and responded to City Council inquiries.

Motion by: Councilmember Nestande
Seconded by: Councilmember Harnik
Waive full reading and introduce Ordinance No. 1399 entitled, “AN ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, UPDATING CHAPTER 8.20 OF THE PALM DESERT MUNICIPAL CODE REGARDING PUBLIC

NUISANCE ABATEMENT AND COST RECOVERY PROCEDURES, AND MAKING A FINDING OF EXEMPTION UNDER CEQA”
Motion Carried (5 to 0)

14.d REQUEST FOR FEEDBACK AND DIRECTION REGARDING UPDATING CHAPTER 5.04 REGARDING MODIFICATION, SUSPENSION, OR REVOCATION

OF BUSINESS LICENSES
Director of Development Services Cannone provided a staff report and responded to City Council inquiries.

The City Council directed staff to revise the language of the ordinance to retain the City Council as the appeal body for a business license suspension, and bring the ordinance back for consideration at an upcoming City Council meeting.

15. PUBLIC HEARINGS

15.a JOINT CITY COUNCIL AND HOUSING AUTHORITY PUBLIC HEARING TO

CONSIDER REMOVAL OF BLAIR ARMSTRONG FROM THE PALM DESERT

HOUSING COMMISSION IN ACCORDANCE WITH HEALTH AND SAFETY CODE SECTION 34282
Mayor Kelly opened the public hearing.

City Clerk Mejia provided a staff report.

There being no one desiring to speak, Mayor Kelly closed the public hearing.

Motion by: Councilmember Harnik
Seconded by: Mayor Pro Tem Quintanilla

1. Pursuant to Health and Safety Code Section 34282, conduct a hearing on the removal of Blair Armstrong from the Palm Desert Housing Commission.

2. Find Blair Armstrong to be in neglect of duty of his obligations as a Housing Commissioner and remove him from the Palm Desert Housing Commission, effective immediately.

Motion Carried (5 to 0)

Palm Desert City Council Meeting
August 24, 2023
10 15.b RESOLUTION NO. 2023-041: APPROVE A PROPOSED PLAN FOR BOND

ISSUANCE BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT

AUTHORITY FOR THE CROSSINGS AT PALM DESERT APARTMENT PROJECT Mayor Kelly opened the public hearing.

Housing Manager Gonzales narrated a PowerPoint presentation.

There being no one desiring to speak, Mayor Kelly closed the public hearing.

Motion by: Mayor Pro Tem Quintanilla
Seconded by: Councilmember Nestande

1. Conduct the public hearing under the requirements of Tax and Equity Fiscal Responsibility Act (“TEFRA”) and the Internal Revenue Code of 1986, as amended (the “Code”) in connection with the proposed issuance in one or more series of revenue bonds by the California Statewide Communities Development Authority (“CSCDA”), a joint exercise of powers authority and public entity of the State of California, in an amount not to exceed Sixty Million Dollars $60,000,000.00 (the “Bonds”), to finance the acquisition, construction and development of the 176-unit Crossings at Palm Desert Apartments, a multifamily rental housing project located at located at the southeast corner of Dick Kelly Drive & Gateway Drive, Palm Desert, California (the “Project”) and receive public comments.

2. Adopt Resolution No. 2023-041 in the form attached hereto approving the issuance of the Bonds by CSCDA for the benefit of A0357 Palm Desert, L.P., a California Limited Partnership (the "Borrower") a partnership of which Urban Housing Communities, LLC (the "Developer") or a related person to the Developer is the general partner, to provide for the financing of the Project. Such adoption is solely for the purposes of satisfying the requirements of TEFRA, the Code and California Government Code Sections 6500 et seq.

Motion Carried (5 to 0)

Palm Desert City Council Meeting
August 24, 2023
11 15.c ORDINANCE NO. 1398 TO CHANGE THE ZONING DESIGNATION OF PARCEL 1 OF PARCEL MAP NO. 36614, LOCATED APPROX. 500 FEET FROM NW CORNER OF HWY 111 AND FRED WARING DR. FROM RESORT COMMERCIAL CENTER (PC-4) TO DISTRICT COMMERCIAL CENTER (PC-2) - CEQA FINDING Mayor Kelly opened the public hearing.

Principal Planner Melloni narrated a PowerPoint presentation.

There being no one desiring to speak, Mayor Kelly closed the public hearing.

Motion by: Councilmember Nestande
Seconded by: Mayor Pro Tem Quintanilla
Waive full reading and introduce Ordinance No. 1398 entitled, “AN ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING

A NOTICE OF EXEMPTION PURSUANT TO CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVING A CHANGE OF ZONE FROM PC-4 TO PC-2 FOR THE PROPERTY LOCATED ON PARCEL 1 OF PARCEL MAP NO. 36614 AT 72221 HIGHWAY 111 (ASSESSOR'S PARCEL NUMBER 640-020-054)” Motion Carried (5 to 0)

15.d CONSIDER APPROVAL OF A TRANSIENT OCCUPANCY TAX SHARING AGREEMENT NO. C46160 BETWEEN THE CITY OF PALM DESERT AND

NEWAGE DESERT SPRINGS, LLC
Mayor Kelly opened the public hearing.

Economic Development Director Ceja narrated a PowerPoint presentation.

Scott White, CEO of Visit GPS, spoke in favor of the agreement.

Nusrat Mirza, General Manager of JW Marriott Desert Springs Resort, spoke in favor of the agreement.

There being no one else desiring to speak, Mayor Kelly closed the public hearing, Motion by: Councilmember Trubee
Seconded by: Councilmember Harnik

1. Approve the Transient Occupancy Tax (TOT) Sharing Agreement No. C46160 between the City of Palm Desert and Newage Desert Springs, LLC remitting 50% of incremental TOT generation not to exceed $10 million to the property owner for the development and expansion of conference/ballroom space at the JW Marriott Desert Springs.

2. Authorize the City Attorney to make non-substantive changes to the Agreement.

3. Authorize the City Manager to execute said Agreement.

Motion Carried (5 to 0)

Palm Desert City Council Meeting
August 24, 2023
12 16. INFORMATION ITEMS
None.

17. ADJOURNMENT
The City Council adjourned at 6:06 p.m.

SUBMITTED BY:
_________________________
Níamh M. Ortega
Assistant City Clerk/Assistant Secretary
ATTEST:
_________________________
Anthony J. Mejia, MMC
City Clerk/Secretary

1 Study Session of the Palm Desert City Council,
Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Minutes
August 24, 2023, 2:30 p.m.

Present: Councilmember Jan Harnik, Councilmember Gina Nestande, Mayor Pro Tem Karina Quintanilla, Councilmember Evan Trubee, and Mayor Kathleen Kelly

1. CALL TO ORDER - STUDY SESSION
A Study Session of the Palm Desert City Council was called to order by Mayor Kelly on Thursday, August 24, 2023, at 2:30 p.m. in the Council Chamber, City Hall, located at 73-510 Fred Waring Drive, Palm Desert, California.

2. STUDY SESSION TOPICS

2.a Provide input on the public review draft of the Objective Design Standards for Multifamily Residential and Mixed-Use Development
Principal Planner Melloni introduced Amee Bhatt, John Kaliski Architects, who narrated a PowerPoint presentation and responded to City Council inquiries. The City Council provided feedback for consideration in the final standards.

2.b Survey of State Housing Law Updates (2017 through 2022) Principal Planner Melloni introduced Matthew Cody with Best, Best & Krieger, LLP, who narrated a PowerPoint presentation and responded to City Council inquiries.

3. ADJOURNMENT
Mayor Kelly adjourned the Study Session at 3:24 p.m.
_________________________
Níamh M. Ortega
Assistant City Clerk/Assistant Secretary
_________________________
Anthony J. Mejia, MMC
City Clerk/Secretary

Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
6/30/2023 - 6/30/2023
City of Palm Desert
Account Number
WR 12618320 06/30/2023 PUBLIC EMPLOYEES' RETIREMENT 1100000 2160800 Health Premium Emp 06-2023 100000017173998 185,861.67 WR 12618320 06/30/2023 PUBLIC EMPLOYEES' RETIREMENT 1100000 2160800 Health Premium CC 06-2023 100000017173998 1,985.18 WR 12618320 06/30/2023 PUBLIC EMPLOYEES' RETIREMENT 1100000 2160800 EMP ADJ 1 06-2023 100000017173998 22,019.61 WR 12618320 06/30/2023 PUBLIC EMPLOYEES' RETIREMENT 5764192 4119000 Health Premium Retiree 06-2023 100000017173998 14,512.64 WR 16478877 06/30/2023 TRANSAMERICA EMPLOYEE BENEFITS 1100000 2161600 Supplmental Ins 06-30-23 2505039803 1,065.84 WR 16478877 06/30/2023 TRANSAMERICA EMPLOYEE BENEFITS 1100000 2161600 Supplmental Ins 06-30-23 2505039803 336.86 WR 16638603 06/30/2023 TRANSAMERICA EMPLOYEE BENEFITS 1100000 2161600 Supplmental Ins 05-31-23 2505012590 1,065.84 WR 16638603 06/30/2023 TRANSAMERICA EMPLOYEE BENEFITS 1100000 2161600 Supplmental Ins 05-31-23 2505012590 336.86 WR 16638603 06/30/2023 TRANSAMERICA EMPLOYEE BENEFITS 1100000 2161600 Supplmental Ins 05-31-23 2505012590 44.04 WR 16638607 06/30/2023 TRANSAMERICA EMPLOYEE BENEFITS 1100000 2161600 Supplmental Ins 04-30-23 2504986028 1,065.84 WR 16638607 06/30/2023 TRANSAMERICA EMPLOYEE BENEFITS 1100000 2161600 Supplmental Ins 04-30-23 2504986028 336.86 WR 16638607 06/30/2023 TRANSAMERICA EMPLOYEE BENEFITS 1100000 2161600 Supplmental Ins 04-30-23 2504986028 56.76 WR 18946037 06/30/2023 P E R S 1100000 2161100 PERS 06/07/2023 1002383890 55,977.41 WR 18946037 06/30/2023 P E R S 1104150 4111500 Rounding 06/07/2023 1002383890 0.67 WR 18946039 06/30/2023 P E R S 1100000 2161100 PERS 06/07/2023 1002383891 39,980.12 WR 23159008 06/30/2023 I C M A RETIREMENT TRUST 1100000 2162201 401-A Retire PayDay: 06/07/23 6452506 10,208.27 WR 23159008 06/30/2023 I C M A RETIREMENT TRUST 1100000 2162300 Deferred Comp PayDay 06/07/23 6165150 12,642.31 WR 23159008 06/30/2023 I C M A RETIREMENT TRUST 1100000 2162600 Retire Hlth Sv-PayDay 06/07/23 6622429 5,008.60 WR 23159008 06/30/2023 I C M A RETIREMENT TRUST 6100000 1029200 Retire Hlth Sv-PayDay 06/07/23 6622429 5,008.60 WR 23159008 06/30/2023 I C M A RETIREMENT TRUST 6100000 1029201 401-A Retire PayDay: 06/07/23 6452506 10,208.27 WR 23159008 06/30/2023 I C M A RETIREMENT TRUST 6100000 1029300 Deferred Comp PayDay 06/07/23 6165150 12,642.31 WR 23159008 06/30/2023 I C M A RETIREMENT TRUST 6100000 2162200 Retire Hlth Sv-PayDay 06/07/23 6622429 -5,008.60 WR 23159008 06/30/2023 I C M A RETIREMENT TRUST 6100000 2162201 401-A Retire PayDay: 06/07/23 6452506 -10,208.27 WR 23159008 06/30/2023 I C M A RETIREMENT TRUST 6100000 2162300 Deferred Comp PayDay 06/07/23 6165150 -12,642.31 WR 23160001 06/30/2023 DEPARTMENT OF THE TREASURY 1100000 2160100 Federal W/H P/D 06/07/2023 32883541 48,672.21 WR 23160001 06/30/2023 DEPARTMENT OF THE TREASURY 1100000 2160300 Medicare W/H P/D 06/07/2023 32883541 14,489.66 WR 24042087 06/30/2023 NATIONWIDE RETIREMENT SOLUTIONS 1100000 2162100 DEFERRED COMP PAYDAY 06/07/23 37064001 060723 6,747.42 Report Date 06/30/2023 Page 1
City & Housing
DocuSign Envelope ID: C84D318D-245D-4A87-8D42-88991961397D

Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
6/30/2023 - 6/30/2023
City of Palm Desert
Account Number
WR 24042087 06/30/2023 NATIONWIDE RETIREMENT SOLUTIONS 6100000 1029100 DEFERRED COMP PAYDAY 06/07/23 37064001 060723 6,747.42 WR 24042087 06/30/2023 NATIONWIDE RETIREMENT SOLUTIONS 6100000 2162100 DEFERRED COMP PAYDAY 06/07/23 37064001 060723 -6,747.42 WR 50723362 06/30/2023 TRANSAMERICA EMPLOYEE BENEFITS 1100000 2161600 Supplmental Ins 02-28-23 2504919248 1,065.84 WR 50723362 06/30/2023 TRANSAMERICA EMPLOYEE BENEFITS 1100000 2161600 Supplmental Ins 02-28-23 2504919248 336.86 WR 52319035 06/30/2023 TRANSAMERICA EMPLOYEE BENEFITS 1100000 2161600 Supplmental Ins 03-31-23 2504952825 1,065.84 WR 52319035 06/30/2023 TRANSAMERICA EMPLOYEE BENEFITS 1100000 2161600 Supplmental Ins 03-31-23 2504952825 336.86 WR 52372101 06/30/2023 PUBLIC EMPLOYEES' RETIREMENT 1100000 2160800 Health Premium Emp 03-2023 100000017087590 183,650.52 WR 52372101 06/30/2023 PUBLIC EMPLOYEES' RETIREMENT 1100000 2160800 Health Premium CC 03-2023 100000017087590 1,985.18 WR 52372101 06/30/2023 PUBLIC EMPLOYEES' RETIREMENT 1100000 2160800 EMP ADJ 1 03/2023 100000017087590 1,942.57 WR 52372101 06/30/2023 PUBLIC EMPLOYEES' RETIREMENT 5764192 4119000 Health Premium Retiree 03-2023 100000017087590 14,520.76 WR 52508671 06/30/2023 PUBLIC EMPLOYEES' RETIREMENT 1100000 2160800 Health Premium Emp 04-2023 100000017115505 179,389.89 WR 52508671 06/30/2023 PUBLIC EMPLOYEES' RETIREMENT 1100000 2160800 Health Premium CC 04-2023 100000017115505 1,985.18 WR 52508671 06/30/2023 PUBLIC EMPLOYEES' RETIREMENT 1100000 2160800 EMP ADJ 1 04/2023 100000017115505 9,473.04 WR 52508671 06/30/2023 PUBLIC EMPLOYEES' RETIREMENT 5764192 4119000 Health Premium Retiree 04-2023 100000017115505 14,519.64 WR 52884210 06/30/2023 PUBLIC EMPLOYEES' RETIREMENT 1100000 2160800 Health Premium Emp 05-2023 100000017145278 191,238.99 WR 52884210 06/30/2023 PUBLIC EMPLOYEES' RETIREMENT 1100000 2160800 Health Premium CC 05-2023 100000017145278 1,985.18 WR 52884210 06/30/2023 PUBLIC EMPLOYEES' RETIREMENT 1100000 2160800 EMP ADJ 1 05/2023 100000017145278 -2,325.14 WR 52884210 06/30/2023 PUBLIC EMPLOYEES' RETIREMENT 5764192 4119000 Health Premium Retiree 05-2023 100000017145278 14,514.53 WR 55638357 06/30/2023 EMPLOYMENT DEVELOPMENT DEPT 1104191 4112600 EDD LIABILITY L0019825552 137.99 WR 56963463 06/30/2023 HARTFORD LIFE AND ACCIDENT 1100000 2160700 LTD Premium 02/2023 463788958041 3,694.10 WR 56963463 06/30/2023 HARTFORD LIFE AND ACCIDENT 1100000 2161000 Life and AD&D Premium 02/2023 463788958041 1,963.73 WR 56963463 06/30/2023 HARTFORD LIFE AND ACCIDENT 1100000 2161800 STD Premium 02/2023 463788958041 1,574.92 WR 56963463 06/30/2023 HARTFORD LIFE AND ACCIDENT 1104150 4112200 LTD,LF,AD,STD Rounding 02/2023 463788958041 57.88 WR 56963465 06/30/2023 HARTFORD LIFE AND ACCIDENT 1104150 4112200 LTD,LF,AD,STD Rounding 03/2023 463786068639 79.70 WR 56963465 06/30/2023 HARTFORD LIFE AND ACCIDENT 1100000 2161800 STD Premium 03/2023 463786068639 1,522.29 WR 56963465 06/30/2023 HARTFORD LIFE AND ACCIDENT 1104130 4112400 STD M. de Vera 03/2023 463786068639 15.67 WR 56963465 06/30/2023 HARTFORD LIFE AND ACCIDENT 1100000 2161000 Life and AD&D Premium 03/2023 463786068639 1,981.85 Report Date 06/30/2023 Page 2
City & Housing
DocuSign Envelope ID: C84D318D-245D-4A87-8D42-88991961397D

Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
6/30/2023 - 6/30/2023
City of Palm Desert
Account Number
WR 56963465 06/30/2023 HARTFORD LIFE AND ACCIDENT 1100000 2160700 LTD Premium 03/2023 463786068639 3,738.44 WR 56963467 06/30/2023 HARTFORD LIFE AND ACCIDENT 1100000 2161000 Life and AD&D Premium 01/2023 463783470089 1,954.32 WR 56963467 06/30/2023 HARTFORD LIFE AND ACCIDENT 1100000 2161800 STD Premium 01/2023 463783470089 1,529.47 WR 56963467 06/30/2023 HARTFORD LIFE AND ACCIDENT 1100000 2160700 LTD Premium 01/2023 463783470089 3,678.28 WR 56963467 06/30/2023 HARTFORD LIFE AND ACCIDENT 1104150 4112200 LTD,LF,AD,STD Rounding 01/2023 463783470089 91.60 WR 59647062 06/30/2023 CALPERS 5764192 4111701 ADC PAYMENT TO CERBT 1002348986 26,529.00 WR 67248374 06/30/2023 STERLING ADMINISTRATION 1100000 2161600 FSA HEALTH CARE 06/07/2023 704061 2,186.73 WR 67248374 06/30/2023 STERLING ADMINISTRATION 1100000 2161600 FSA DEPENDANT CARE 06/07/2023 704061 777.07 WR 89016610 06/30/2023 STATE OF CALIFORNIA 1100000 2160200 PIT W/H PD: 06/07/2023 7174514 20,202.22 Examined and Approved Total For Bank ID - WR
1,109,815.67 City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
Report Date 06/30/2023 Page 3
City & Housing
DocuSign Envelope ID: C84D318D-245D-4A87-8D42-88991961397D

Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
8/30/2023 - 8/30/2023
City of Palm Desert
Account Number
WR 74515716 08/30/2023 US BANK 3914790 4364500 Silver Spur DS 9/23-Principal 2355701 115,000.00 WR 74563468 08/30/2023 US BANK 3544394 4363500 UP 2021-1 DS 9/23-Interest 2341971 283,575.00 WR 74563468 08/30/2023 US BANK 3544394 4364500 UP 2021-1 DS 9/23-Principal 2341971 305,000.00 WR 74615716 08/30/2023 US BANK 3914790 4363500 Silver Spur Bond Call 9/23 2355701 5,000.00 WR 74615716 08/30/2023 US BANK 3914790 4363500 Silver Spur DS 9/23-Interest 2355701 20,890.64 WR 74615718 08/30/2023 US BANK 3154350 4363500 Sec 29 DS 9/23-Interest 2350458 314,000.00 WR 74615718 08/30/2023 US BANK 3154350 4364500 Sec 29 DS 9/23-Principal 2350458 785,000.00 WR 74615722 08/30/2023 US BANK 3534394 4363500 UP 2005-1 DS 9/23-Interest 2341973 95,550.00 WR 74615722 08/30/2023 US BANK 3534394 4364500 UP 2005-1 DS 9/23-Principal 2341973 270,000.00 Examined and Approved Total For Bank ID - WR
2,194,015.64 City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
Report Date 08/30/2023 Page 1
City & Housing
DocuSign Envelope ID: C1C3FF0B-6A53-47EE-A5A2-C37C11AEC441

Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
8/31/2023 - 8/31/2023
City of Palm Desert
Account Number
W1 00000206 08/31/2023 AVENU MUNISERVICES LLC 1104159 4309000 SUTA SVC ending 3.31.23 INV06-017116 393.29 W1 00000207 08/31/2023 County of Riverside Sheriff Department 1104210 4304000 1/12/23-2/8/23 Law Enforc Svcs SH0000042958 1,524,138.46 W1 00000207 08/31/2023 County of Riverside Sheriff Department 1104210 4304000 Law Enforcemt Svcs 5/4-5/31/23 SH0000043696 1,530,404.67 W1 00000207 08/31/2023 County of Riverside Sheriff Department 1104210 4304000 Law Enforcemt Svcs 6/1-6/30/23 SH0000043976 1,590,476.82 W1 00000208 08/31/2023 FAMILY YMCA OF THE DESERT 2424549 4309000 JU23AQUATIC CTR-OTHER EXPENSES 062023 25,397.77 W1 00000208 08/31/2023 FAMILY YMCA OF THE DESERT 2424549 4309300 JU23 AQUATIC CTR - MANAGEMENT 062023 13,750.00 W1 00000208 08/31/2023 FAMILY YMCA OF THE DESERT 2424549 4801100 JU23AQUATIC CTR - FOOD / MERCH 062023 5,999.93 W1 00000208 08/31/2023 FAMILY YMCA OF THE DESERT 2424549 4802101 JU23 AQUATIC CTR - LABOR 062023 285,297.02 W1 00000208 08/31/2023 FAMILY YMCA OF THE DESERT 2424549 4801100 JU23 AQUATIC CTR - SUPPLIES 062023 2,003.35 W1 00000209 08/31/2023 MICHAEL BAKER INTERNATIONAL INC 2204800 4309000 Prof Svcs through 4/2/2023 1177902 5,764.00 W1 00000209 08/31/2023 MICHAEL BAKER INTERNATIONAL INC 2204800 4309000 Prof svcs through 4/30/2023 1179789 3,966.00 W1 00000209 08/31/2023 MICHAEL BAKER INTERNATIONAL INC 2204800 4309000 FY2324 Subrecipient Agreements INVA44510 2,430.00 W1 00000209 08/31/2023 MICHAEL BAKER INTERNATIONAL INC 1104300 4301000 ON-CALL SURVEYING AND PLAN REV 1184621 5,900.00 W1 00000209 08/31/2023 MICHAEL BAKER INTERNATIONAL INC 2134250 5000904 P567-21 HAYSTACK/HWY 74 INTERS 1184621 1,500.00 W1 00000209 08/31/2023 MICHAEL BAKER INTERNATIONAL INC 2134311 4332000 P667-21B HAYSTACK TCP - PH2 1184621 1,750.00 W1 00000209 08/31/2023 MICHAEL BAKER INTERNATIONAL INC 2134311 4332000 P752-23 COOK SLURRY/RESURF 1184621 5,325.00 W1 00000210 08/31/2023 WILLDAN FINANCIAL SERVICES 1104159 4309000 Comprehensive Fee MARCH23 010-54507 500.00 W1 00000211 08/31/2023 ALLEN, FRANK 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 201.76 W1 00000212 08/31/2023 AVERY, ANN 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 447.88 W1 00000213 08/31/2023 BASSLER, THOMAS 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 516.78 W1 00000214 08/31/2023 BISHOP, ROBERT 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 482.33 W1 00000215 08/31/2023 BO CHEN 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 423.65 W1 00000216 08/31/2023 BRADLEY, DEBRA 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 639.67 W1 00000217 08/31/2023 BROWN, MICHAEL 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 631.19 W1 00000218 08/31/2023 CECHIN, TERRY 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 630.80 W1 00000219 08/31/2023 CEHR, DAVID 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 516.78 W1 00000220 08/31/2023 CICCHINI, SUZANNE 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 946.21 Report Date 08/31/2023 Page 1
City & Housing
DocuSign Envelope ID: 724BD1C2-DD96-4F2C-BFAC-1002E4487614

Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
8/31/2023 - 8/31/2023
City of Palm Desert
Account Number
W1 00000221 08/31/2023 CONLON, PATRICK C. 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 516.78 W1 00000222 08/31/2023 CRAWFORD, DANNY 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 1,579.32 W1 00000223 08/31/2023 CROY, HOMER 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 344.52 W1 00000224 08/31/2023 DARLING, GLORIA 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 201.76 W1 00000225 08/31/2023 HOLLINGER, DIANE 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 516.78 W1 00000226 08/31/2023 DIERCKS, MARK 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 99.19 W1 00000227 08/31/2023 DOYLE, KAREN 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 604.66 W1 00000228 08/31/2023 DRELL, PHILIP D. 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 516.78 W1 00000229 08/31/2023 ESPINOZA, JOSE LUIS 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 1,822.30 W1 00000230 08/31/2023 FANNING, JODI 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 882.88 W1 00000231 08/31/2023 FENSKE, CHARLES 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 516.78 W1 00000232 08/31/2023 FERGUSON, JAMES C. 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 1,192.22 W1 00000233 08/31/2023 FLINT, DAVID 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 174.86 W1 00000234 08/31/2023 FOLKERS, RICHARD J. 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 8/14/2023 201.76 W1 00000235 08/31/2023 GARNER, PAGE 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 1,822.30 W1 00000236 08/31/2023 GIBSON, PAUL S. 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 1,375.63 W1 00000237 08/31/2023 GODFREY, BEN ORRIN 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 516.78 W1 00000238 08/31/2023 GOMEZ, DONNA 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 1,375.63 W1 00000239 08/31/2023 GRANCE, RUSSELL 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 827.40 W1 00000240 08/31/2023 GREENWOOD, MARK 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 1,375.63 W1 00000241 08/31/2023 GRIFFIN, ROSALVA 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 249.30 W1 00000242 08/31/2023 HENDERSON, RHONDA 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 753.86 W1 00000243 08/31/2023 HERMANN, DAVID 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 1,283.93 W1 00000244 08/31/2023 HERNANDEZ, ANTHONY 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 631.19 W1 00000245 08/31/2023 HERNANDEZ, CARLOS 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 1,375.63 W1 00000246 08/31/2023 HOLTZ, GREGG 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 516.78 W1 00000247 08/31/2023 JOHNSON, SONDRA 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 516.78 Report Date 08/31/2023 Page 2
City & Housing
DocuSign Envelope ID: 724BD1C2-DD96-4F2C-BFAC-1002E4487614

Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
8/31/2023 - 8/31/2023
City of Palm Desert
Account Number
W1 00000248 08/31/2023 JOY, PHILLIP E. 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 8/14/2023 452.73 W1 00000249 08/31/2023 JUDY, JANINE MARIE 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 188.31 W1 00000250 08/31/2023 KARIMI, BASHIER AHMAD 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 201.76 W1 00000251 08/31/2023 KILPATRICK, SHAWN 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 1,392.60 W1 00000252 08/31/2023 KLASSEN, RACHELLE D. 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 946.21 W1 00000253 08/31/2023 KNIGHT, SPENCER 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 516.78 W1 00000254 08/31/2023 KNUTSON, LAUREL 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 104.08 W1 00000255 08/31/2023 LEAL, DIANA 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 994.18 W1 00000256 08/31/2023 LEON, PATRICIA 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 631.19 W1 00000257 08/31/2023 LONGMAN, ELIZABETH M. 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 161.41 W1 00000258 08/31/2023 MCBRIDE, CRAIG 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 201.76 W1 00000259 08/31/2023 MCCARTHY, JUSTIN 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 413.42 W1 00000260 08/31/2023 METZ, THOMAS 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 1,392.87 W1 00000261 08/31/2023 MONROE, TONYA 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 631.19 W1 00000262 08/31/2023 MOORE, JANET 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 1,375.63 W1 00000263 08/31/2023 MOORE, RUTH ANN 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 631.19 W1 00000264 08/31/2023 NEELY, MICHAEL 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 954.69 W1 00000265 08/31/2023 NIEMCZAK, JAY 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 81.77 W1 00000266 08/31/2023 OSBORN, LINDA 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 201.76 W1 00000267 08/31/2023 PONDER, HART 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 352.37 W1 00000268 08/31/2023 PRUSINOWSKI, KAREN 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 447.88 W1 00000269 08/31/2023 REAM, LISA 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 291.15 W1 00000270 08/31/2023 RIDDLE, FRANKIE 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 639.67 W1 00000271 08/31/2023 ROCHA, GRACE L. 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 750.37 W1 00000272 08/31/2023 ROSAS, SERGIO 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 1,375.63 W1 00000273 08/31/2023 RUSSELL, LINDA 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 631.19 W1 00000274 08/31/2023 SCULLY, PATRICIA H. 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 201.76 Report Date 08/31/2023 Page 3
City & Housing
DocuSign Envelope ID: 724BD1C2-DD96-4F2C-BFAC-1002E4487614

Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
8/31/2023 - 8/31/2023
City of Palm Desert
Account Number
W1 00000275 08/31/2023 CHRISTIANSEN, SHARON 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 631.19 W1 00000276 08/31/2023 SMITH, STEPHEN R. 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 516.78 W1 00000277 08/31/2023 STANLEY, JANE 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 291.43 W1 00000278 08/31/2023 SZYMANSKI, BETTY 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 1,072.37 W1 00000279 08/31/2023 TOWNSEND, ALANA 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 228.67 W1 00000280 08/31/2023 TUCKER, RON 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 397.03 W1 00000281 08/31/2023 WALKER, DEL 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 290.85 W1 00000282 08/31/2023 WEIL, CHIN-YU 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 397.03 W1 00000283 08/31/2023 WELLER, DENI 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 516.78 W1 00000284 08/31/2023 WHITE, BRYCE 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 188.31 W1 00000285 08/31/2023 WILCOX, DARIN 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 381.49 W1 00000286 08/31/2023 WITTE, LOCK 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 516.78 W1 00000287 08/31/2023 WOHLMUTH, JOHN 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 1,408.95 W1 00000288 08/31/2023 ZAMARRIPA, AARON 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 631.19 W1 00000289 08/31/2023 ZAMORA, FLORENTINO G. 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 311.62 W1 00000290 08/31/2023 ZATARAIN, ABEL 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 1,177.19 W1 00000291 08/31/2023 ZATARAIN, GERARDO 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 1,375.63 W1 00000292 08/31/2023 CBRE INC 1104430 4309102 Real Estate Advisory 8/2023 2023-246110-004 19,500.00 W1 00000293 08/31/2023 DELTA DENTAL OF CALIFORNIA 1100000 2160900 Delta Dental Premium 07/2023 BE005565268 12,990.60 W1 00000293 08/31/2023 DELTA DENTAL OF CALIFORNIA 1100000 2160900 Delta Dental Premium 08/2023 BE005633096 13,581.99 W1 00000293 08/31/2023 DELTA DENTAL OF CALIFORNIA 1104110 4112400 Dental Quintanilla 07/2023 BE005565268 69.19 W1 00000293 08/31/2023 DELTA DENTAL OF CALIFORNIA 1104110 4112400 Dental Quintanilla 08/2023 BE005633096 2.01 W1 00000293 08/31/2023 DELTA DENTAL OF CALIFORNIA 1104132 4112400 Dental Mager 07/2023 BE005565268 65.55 W1 00000293 08/31/2023 DELTA DENTAL OF CALIFORNIA 1104150 4112400 Dental Celaya for 07/2023 BE005565268 65.55 W1 00000293 08/31/2023 DELTA DENTAL OF CALIFORNIA 1104310 4112400 Dental Mendoza, E. 07/2023 BE005565268 56.43 W1 00000293 08/31/2023 DELTA DENTAL OF CALIFORNIA 1104310 4112400 Dental Mendoza 08/2023 BE005633096 56.43 W1 00000293 08/31/2023 DELTA DENTAL OF CALIFORNIA 1104340 4112400 Dental Gaugush 07/2023 BE005565268 38.82 Report Date 08/31/2023 Page 4
City & Housing
DocuSign Envelope ID: 724BD1C2-DD96-4F2C-BFAC-1002E4487614

Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
8/31/2023 - 8/31/2023
City of Palm Desert
Account Number
W1 00000293 08/31/2023 DELTA DENTAL OF CALIFORNIA 1104420 4112400 Dental Miller 07/2023 BE005565268 38.82 W1 00000293 08/31/2023 DELTA DENTAL OF CALIFORNIA 1104470 4112400 Dental Gonzalez, M. 07/2023 BE005565268 65.55 W1 00000293 08/31/2023 DELTA DENTAL OF CALIFORNIA 1104470 4112400 Dental Meloni 07/2023 BE005565268 20.59 W1 00000293 08/31/2023 DELTA DENTAL OF CALIFORNIA 1104470 4112400 Dental Flores 07/2023 BE005565268 38.82 W1 00000293 08/31/2023 DELTA DENTAL OF CALIFORNIA 8704195 4112400 Dental Velez 07/2023 BE005565268 -94.92 W1 00000293 08/31/2023 DELTA DENTAL OF CALIFORNIA 8704195 4112400 Dental Velez 08/2023 BE005633096 -94.92 W1 00000294 08/31/2023 HARTFORD LIFE AND ACCIDENT 1100000 2160700 LTD Premium 07/2023 463789844762 3,940.38 W1 00000294 08/31/2023 HARTFORD LIFE AND ACCIDENT 1100000 2160700 LTD Premium 08/2023 463787638186 4,027.30 W1 00000294 08/31/2023 HARTFORD LIFE AND ACCIDENT 1100000 2161000 Life and AD&D Premium 07/2023 463789844762 2,099.14 W1 00000294 08/31/2023 HARTFORD LIFE AND ACCIDENT 1100000 2161000 Life and AD&D Premium 08/2023 463787638186 2,164.69 W1 00000294 08/31/2023 HARTFORD LIFE AND ACCIDENT 1100000 2161800 STD Premium 07/2023 463789844762 1,725.67 W1 00000294 08/31/2023 HARTFORD LIFE AND ACCIDENT 1100000 2161800 STD Premium 08/2023 463787638186 1,749.68 W1 00000294 08/31/2023 HARTFORD LIFE AND ACCIDENT 1104150 4112200 LTD,LF,AD,STD Rounding 07/2023 463789844762 155.77 W1 00000294 08/31/2023 HARTFORD LIFE AND ACCIDENT 1104150 4112200 LTD,LF,AD,STD Rounding 08/2023 463787638186 -3.58 W1 00000295 08/31/2023 PETE'S ROAD SERVICE INC 1104331 4334000 BIT INSP VEH #009 CITY OWNED 23-0683168-00 95.00 W1 00000295 08/31/2023 PETE'S ROAD SERVICE INC 1104331 4334000 BIT INSP TRAILER #101 23-0683179-00 95.00 W1 00000295 08/31/2023 PETE'S ROAD SERVICE INC 1104331 4334000 BIT INSP TRAILER #140 23-0683186-00 95.00 W1 00000295 08/31/2023 PETE'S ROAD SERVICE INC 1104331 4334000 BIT INSP VEH #087 LEASED 23-0683184-00 95.00 W1 00000296 08/31/2023 SAME DAY EXPRESS 4364650 4337200 Unexpected repair and maintena 081423 3,495.00 W1 00000297 08/31/2023 SANT MADE 1104190 4362001 Website Hosting & Maint 8.1.23 2704 700.00 W1 00000298 08/31/2023 THE JOSLYN CENTER 1104800 4389300 FY 23/24 Member Dues 13036 300.00 W1 00000299 08/31/2023 VISION SERVICE PLAN INC. 1100000 2161400 VSP Premium 07/2023 818187871 3,944.48 W1 00000299 08/31/2023 VISION SERVICE PLAN INC. 1100000 2161400 VSP Premium 08/2023 818402107 4,008.07 W1 00000299 08/31/2023 VISION SERVICE PLAN INC. 1104150 4112400 Vision Rounding 07/2023 818187871 -0.04 W1 00000299 08/31/2023 VISION SERVICE PLAN INC. 1104150 4112400 Vision Rounding 08/2023 818402107 -0.01 W1 00000299 08/31/2023 VISION SERVICE PLAN INC. 1104470 4112400 Vision Flores 07/2023 818187871 31.81 W1 00000300 08/31/2023 VISUAL EDGE IT INC 1104190 4342000 Usage and supplies - New 60 mo 25AR1553302 1,376.48 Report Date 08/31/2023 Page 5
City & Housing
DocuSign Envelope ID: 724BD1C2-DD96-4F2C-BFAC-1002E4487614

Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
8/31/2023 - 8/31/2023
City of Palm Desert
Account Number
W1 00000300 08/31/2023 VISUAL EDGE IT INC 1104190 4342000 Usage and supplies - New 60 mo 25AR1553324 112.16 W1 02000461 08/31/2023 ALBERT A. WEBB ASSOCIATES 2134633 5000204 BIKE LANE STRIPING IMPROVEMENT 232403 5,716.00 W1 02000462 08/31/2023 CALIFORNIA SOCIETY OF MUNICIPAL 1104150 4312500 R.Trupiano Chapter Mtg. 5/23 200016916 20.00 W1 02000463 08/31/2023 CALTRANS- DEPARTMENT OF 1104250 4332500 SIGNAL/LIGHTING APR-JUN 2023 SL231135 733.69 W1 02000464 08/31/2023 DESERT AIR CONDITIONING INC. 2304220 4331000 HVAC REPLACEMENTS - FS NO. 67 240361 15,688.80 W1 02000464 08/31/2023 DESERT AIR CONDITIONING INC. 2304220 4331000 HVAC REPLACEMENTS - FS NO. 67 240361 14,264.20 W1 02000465 08/31/2023 DESERT RECREATION DISTRICT 1104344 4309000 PORTOLA CC SERVICES 3474 1,629.08 W1 02000465 08/31/2023 DESERT RECREATION DISTRICT 1104344 4309000 PORTOLA CC SERVICES 3474 8,168.14 W1 02000465 08/31/2023 DESERT RECREATION DISTRICT 1104610 4309200 SERVICES FOR CITY PARKS 3475 2,800.59 W1 02000465 08/31/2023 DESERT RECREATION DISTRICT 1104610 4309200 Services for City Parks 3475 42,500.58 W1 02000466 08/31/2023 FEDERAL EXPRESS CORP. 1104130 4366000 Late fee for Inv. 2-173-96360 9-656-31683 3.20 W1 02000467 08/31/2023 HAMMER PLUMBING AND PUMPING INC. 1104611 4331000 CAHUILLA HILLS PARK RESTROOM 28941-1 380.00 W1 02000468 08/31/2023 HR GREEN PACIFIC INC 1104300 4301000 ENG DSGN MNL/STDS-JUN23 165467 25,317.50 W1 02000468 08/31/2023 HR GREEN PACIFIC INC 1104300 4301000 PW SRVS-JUN30 165467 9,720.00 W1 02000468 08/31/2023 HR GREEN PACIFIC INC 1104420 4301000 TRAKIT WORKFLOW-JUN23 165467 10,000.00 W1 02000468 08/31/2023 HR GREEN PACIFIC INC 1104420 4301000 BLDG SFTY SRVS-JUN23 165467 6,850.84 W1 02000468 08/31/2023 HR GREEN PACIFIC INC 1104430 4309000 BROADBAND STUDY-JUN23 165467 7,079.29 W1 02000468 08/31/2023 HR GREEN PACIFIC INC 1104470 4309000 DEV SRVS ENG-JUN23 165467 27,132.00 W1 02000468 08/31/2023 HR GREEN PACIFIC INC 2894374 5000455 SECTION 29-JUN23 165467 25,707.00 W1 02000469 08/31/2023 IMPERIAL SPRINKLER SUPPLY INC 1104611 4332001 R/M LANDSCAPING SRVCS-HOVLEY P 0011555793-001 76.91 W1 02000470 08/31/2023 KNORR SYSTEMS INC 2424549 4331101 PUMP REPLACEMENT 205885 730.00 W1 02000471 08/31/2023 LSL CPAs 1104151 4302000 Finance Department Assessment 58258 5,000.00 W1 02000471 08/31/2023 LSL CPAs 1104151 4302000 Finance Department Assessment 57592 24,632.75 W1 02000471 08/31/2023 LSL CPAs 1104151 4302000 Finance Department Assessment 57592 0.25 W1 02000472 08/31/2023 MCI A VERIZON COMPANY 1104344 4365000 PORTOLA TELEPHONE SERVICES 409103120 29.39 W1 02000473 08/31/2023 MUSCO SPORTS LIGHTING LLC 1104610 4337100 LIGHTING MAINTENANCE SRVCS 408904 4,373.68 W1 02000473 08/31/2023 MUSCO SPORTS LIGHTING LLC 1104610 4337100 LIGHTING MAINTENANCE SRVCS 408904 873.86 Report Date 08/31/2023 Page 6
City & Housing
DocuSign Envelope ID: 724BD1C2-DD96-4F2C-BFAC-1002E4487614

Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
8/31/2023 - 8/31/2023
City of Palm Desert
Account Number
W1 02000474 08/31/2023 PALM DESERT HIGH SCHOOL FOUNDATION-1104800 4388100 OUTSIDE AGENCY 2022/2023 OA FY22/23 10,000.00 W1 02000475 08/31/2023 PALMER ELECTRIC 2424549 4331101 ELECT REPAIRS - AQUATIC CENTER 4462 1,053.39 W1 02000475 08/31/2023 PALMER ELECTRIC 2424549 4331101 ELECT REPAIRS - AQUATIC CENTER 4462 207.75 W1 02000475 08/31/2023 PALMER ELECTRIC 2424549 4331101 ELECT REPAIRS - AQUATIC CENTER 4472 849.91 W1 02000476 08/31/2023 PLACENCIA MIRROR & GLASS 2304220 4400100 REPLACE WINDOWS FS 67 52988 22,643.00 W1 02000477 08/31/2023 RIVCO MECHANICAL SERVICES INC 2424549 4400100 REPLACED GLACIER CHILLERS-AC J000420 43,242.60 W1 02000478 08/31/2023 WATERLINE TECHNOLOGIES INC 2424549 4211100 CHEMICAL ACQUISITION SERVICES 5639302 1,081.27 W1 02000479 08/31/2023 WEST COAST ARBORISTS INC 1104610 4332001 PALM PRUNING - CC PARK 200773 21,436.00 W1 02000479 08/31/2023 WEST COAST ARBORISTS INC 1104610 4337100 PALM PRUNING - TRI-CITIES SPOR 200773 506.00 W1 02000479 08/31/2023 WEST COAST ARBORISTS INC 1104611 4391000 PALMS - COMMUNITY GARDENS 200773 506.00 W1 02000479 08/31/2023 WEST COAST ARBORISTS INC 1104614 4337001 Tree Pest Control - PCC 196626 294.75 W1 02000479 08/31/2023 WEST COAST ARBORISTS INC 1104614 4337001 PALM PRUNING - MEDIANS 200773 5,612.00 W1 02000479 08/31/2023 WEST COAST ARBORISTS INC 2814374 4309500 PALM PRUNING - THE GROVE 200773 3,818.00 W1 02000480 08/31/2023 ALVAREZ, MARTIN 1104159 4219100 0823WEATHERBOOTREIM 0823-WTHRBOOTRMB 113.13 W1 02000480 08/31/2023 ALVAREZ, MARTIN 1104159 4219100 0823-WadingSystems-StreetCrew 0823-WADINGSYSTM 342.57 W1 02000481 08/31/2023 BEDROSIAN, PATRICK 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 188.31 W1 02000482 08/31/2023 BRIGHT EVENT RENTAL 1104416 4306101 City Produced Events 734352 1,443.78 W1 02000483 08/31/2023 CEPEDA-ESCOBEDO, BERTHA 1104159 4219100 August2023 Weather Event Lunch 0823WEATHERLUNCH 170.98 W1 02000484 08/31/2023 CHAVEZ, RANDY 1104300 4311500 08-23 IRRIGATIONCRSE-MLG-RC 08-23MILEAGE-RC 410.03 W1 02000484 08/31/2023 CHAVEZ, RANDY 1104300 4312000 08-23 IRRIG-RC PERDIEM 08-23IRRIG-RC 407.00 W1 02000484 08/31/2023 CHAVEZ, RANDY 1104300 4312000 08-23 IRRIG-RC LODGING 08-23IRRIG-RC 1,085.85 W1 02000485 08/31/2023 CITY OF INDIAN WELLS 2304220 4304500 FS #55-Light Curt. Replace 19-63 184.25 W1 02000485 08/31/2023 CITY OF INDIAN WELLS 2304220 4304500 FS #55 Door Repairs 19-62 221.38 W1 02000486 08/31/2023 CSUF FOUNDATION 1104430 4312000 CALED Keys Course EDC_080923 900.00 W1 02000487 08/31/2023 CUEVAS, JOHN MANUEL 4364650 4309200 design for traff cab vinyl wra 0008232023 750.00 W1 02000488 08/31/2023 DESERT SUN INC. 1104111 4321000 Legal Notices 5781805 1,667.60 W1 02000489 08/31/2023 FEDERAL EXPRESS CORP. 1104422 4366000 Mailing of BL to HDL 8-221-14837 26.77 Report Date 08/31/2023 Page 7
City & Housing
DocuSign Envelope ID: 724BD1C2-DD96-4F2C-BFAC-1002E4487614

Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
8/31/2023 - 8/31/2023
City of Palm Desert
Account Number
W1 02000490 08/31/2023 GALLS LLC 1104422 4214000 Boots and Uniforms 025178343 263.12 W1 02000491 08/31/2023 GLS US 1104111 4366000 1st Am. Title/M.Mngmt. 5098803 35.92 W1 02000492 08/31/2023 HALBY'S 1104211 4306001 COP Uniform Patches 115768 271.88 W1 02000493 08/31/2023 IFORM MEDIA 4364650 4309200 Vinyl wrap and prep traffic si 15514 2,399.85 W1 02000494 08/31/2023 INFINITY TECHNOLOGIES 1104470 4309000 GIS ASSESSMENT - JUL23 1644 2,080.00 W1 02000495 08/31/2023 INTERSTATE ALL BATTERY CENTER 1104422 4218000 7.4V 2.5AH battery 1920701016621 412.47 W1 02000496 08/31/2023 JUNK EXPRESS, THE 1104422 4305500 Yard Clean-up-Case 23-1633 210348 225.00 W1 02000496 08/31/2023 JUNK EXPRESS, THE 1104422 4305500 Trash Removal Case 23-1653 210347 1,170.00 W1 02000497 08/31/2023 KATHLEEN KELLY 1104110 4311500 K.Kelly Mileage Reimbursement MILEAGE 07/2023 13.89 W1 02000498 08/31/2023 LEADERSHIP COACHELLA VALLEY 1104154 4312101 2023 LCV Tuition -Erica Powell 472 1,200.00 W1 02000499 08/31/2023 MINUTEMAN PRESS 1104211 4306001 COP Citation Books 69361 158.08 W1 02000500 08/31/2023 MOWERS PLUS INC 1104331 4334000 R/M SMALL TOOLS 277567 417.34 W1 02000500 08/31/2023 MOWERS PLUS INC 1104331 4334000 R/M SMALL TOOLS 277756 44.72 W1 02000501 08/31/2023 MUIR , SHAWN 1104300 4312500 08-05-23 LCLMTG-NSPARK-SM 08-23LCLMTG-SM 88.96 W1 02000502 08/31/2023 PARKHOUSE TIRE INC. 1104331 4334000 R/M VEH #72 CITY OWNED 2030228005 915.55 W1 02000503 08/31/2023 POWERSTRIDE BATTERY COMPANY INC 1104250 4219000 TRAFFIC EQUIPMENT SUPPLIES P698363 661.24 W1 02000503 08/31/2023 POWERSTRIDE BATTERY COMPANY INC 1104250 4219000 TRAFFIC EQUIPMENT SUPPLIES P698333 661.24 W1 02000504 08/31/2023 QUINTANILLA, KARINA 1100000 1150100 LOCC 9.20-9.22.23, K. Quinta ADV LDG 9.20.23 391.40 W1 02000504 08/31/2023 QUINTANILLA, KARINA 1100000 1150100 LOCC 9.20-9.22.23, K. Quinta ADV MIE 9.20.23 172.50 W1 02000505 08/31/2023 RANCHO MIRAGE CHAMBER COMMERCE 1104430 4312500 Summer Spkr Series 8/24 110562 110.00 W1 02000506 08/31/2023 SKYLINE SAFETY AND SUPPLY 1104310 4219000 STREET MAINT SUPPLIES 7742 332.75 W1 02000507 08/31/2023 SO CAL GAS 1104344 4351200 45480 Portola Avenue 16752512422-AG23 26.61 W1 02000507 08/31/2023 SO CAL GAS 2304220 4351200 44400 Town Ctr Wy - FS#33 06242756002-AG23 183.83 W1 02000507 08/31/2023 SO CAL GAS 2304220 4351200 73200 Mesa View Dr - FS#67 05412483009-AG23 51.37 W1 02000507 08/31/2023 SO CAL GAS 2424549 4351200 73751 Magnesia Falls - POOL 13149517933-AG23 21.94 W1 02000507 08/31/2023 SO CAL GAS 5104195 4369800 72559 Hwy 111-Henderson 08946430827-SP23 14.41 W1 02000508 08/31/2023 SUPERIOR READY MIX CONCRETE 1104310 4219000 STREET MAINT SUPPLIES 366613 502.12 Report Date 08/31/2023 Page 8
City & Housing
DocuSign Envelope ID: 724BD1C2-DD96-4F2C-BFAC-1002E4487614

Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
8/31/2023 - 8/31/2023
City of Palm Desert
Account Number
W1 02000508 08/31/2023 SUPERIOR READY MIX CONCRETE 1104310 4219000 STREET MAINT SUPPLIES 366644 668.49 W1 02000508 08/31/2023 SUPERIOR READY MIX CONCRETE 1104310 4219000 STREET MAINT SUPPLIES 366670 630.49 W1 02000509 08/31/2023 T-MOBILE USA INC 1104210 4304200 Sheriff GPS Locate 9538884491 125.00 W1 02000509 08/31/2023 T-MOBILE USA INC 1104210 4304200 Sheriff Timing Advance 9539452850 25.00 W1 02000510 08/31/2023 TOWMEDIC INC 1104210 4304200 Sheriff Towing 23-10131 100.00 W1 02000511 08/31/2023 VIOLA GALLOWAY 1104230 4388400 Reim-Pet Adptn Fee - Galloway 81623 52.50 W1 02000512 08/31/2023 WHITE CAP LP 1104310 4219000 STREET MAINT SUPPLIES 50022881244 530.96 W1 02000513 08/31/2023 WITTMAN ENTERPRISES LLC 2304220 4309000 JULY 2023 Consultant Services 23070547 12,512.00 W1 02000514 08/31/2023 WRIGHT, BARBARA 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 201.76 W1 02000515 08/31/2023 XEROX FINANCIAL SERVICES 1104190 4342000 6/30-7/29/2023 3TX403772 4490140 191.98 W1 02000516 08/31/2023 YRIGOYEN, DAVID L. 5764192 4119000 RETIREE HEALTH STIPEND Sep 23 9/1/2023 516.78 Examined and Approved Total For Bank ID - W1
5,522,300.36 City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
Report Date 08/31/2023 Page 9
City & Housing
DocuSign Envelope ID: 724BD1C2-DD96-4F2C-BFAC-1002E4487614

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: September 14, 2023
PREPARED BY: Pedro Rodriguez, Code Compliance Supervisor REQUEST: RESOLUTION EXTENDING PARTICIPATION IN THE RIVERSIDE

COUNTY SERVICE AUTHORITY ABANDONED VEHICLE ABATEMENT
PROGRAM UNTIL MAY 31, 2034
RECOMMENDATION:

Adopt a resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM

DESERT, CALIFORNIA, AUTHORIZING THE EXTENSION OF THE SERVICE FEE

COLLECTED ON BEHALF OF THE RIVERSIDE COUNTY ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY UNTIL MAY 2034.”
BACKGROUND/ANALYSIS:

Adoption of the proposed resolution will allow the City to receive reimbursement from the Riverside County Abandoned Vehicle Abatement Service Authority for staff time and costs incurred by the City in the abatement and disposal of abandoned, wrecked, dismantled, or inoperative vehicles.

In 1990, the California State Legislature enacted legislation allowing for the creation of countybased vehicle service authorities, pursuant to the provisions of Vehicle Code Section 22710. In June 1994, the Riverside County Abandoned Vehicle Abatement Service Authority was formed and imposed a one-dollar vehicle registration fee on vehicles registered to all owners with addresses in the County of Riverside.

Vehicle registration fees are collected by the Department of Motor Vehicles and allocated to the Riverside County Abandoned Vehicle Abatement Service Authority by the State Controller pursuant to Vehicle Code Section 9250.7. Fees are then allocated to the Riverside County Abandoned Vehicle Service Authority as a whole. Each of the twenty-five participating entities receives disbursement for expenditures related to the abatement and disposal of abandoned vehicles based on each entity's size and population based on the number of vehicles abated by each entity.

From July 1997 to June 2023, the City of Palm Desert has received $1,222,519 in disbursements from the Riverside County Abandoned Vehicle Abatement Service Authority for code compliance officers’ staff time in abating 10,520 abandoned, wrecked, dismantled, or inoperative vehicles within the City.

The participating entities are the County of Riverside, and the Cities of Banning, Beaumont, Blythe, Calimesa, Canyon Lake, Cathedral City, Coachella, Corona, Desert Hot Springs, Eastvale, Hemet, Indio, Jurupa, La Quinta, Lake Elsinore, Menifee, Moreno Valley, Murrieta, Norco, Palm Desert, Perris, Riverside, San Jacinto, and Temecula.

City of Palm Desert
Adoption of Resolution 2023-

Since the program’s inception, the Riverside County Abandoned Vehicle Abatement Service Authority has disbursed $35,128,331, to participating cities for reimbursement of staff time for the abatement of 186,776 abandoned, wrecked, dismantled, or inoperative vehicles. The current service authority program is scheduled to sunset in May 2024. Senate Bill 106 (SB 106), chaptered in August 2001, allows local agencies to extend the Abandoned Vehicle Abatement Service Authority program every 10 years with the approval of the county and a majority of the cities comprising a majority of the population of the incorporated areas.

A majority of the 25 participating cities are currently in the process of adopting their respective resolutions approving the 10-year extension of the Service Authority. Adopting the attached resolution is the first step of this important program that is necessary before submitting the Service Authority extension package to the Riverside County Board of Supervisors for their review and approval.

Therefore, staff recommends that the City Council adopt a resolution extending the Abandoned Vehicle Abatement Program until May 14, 2034.

FINANCIAL IMPACT:

The abandoned vehicle abatement program generates approximately $60,000 annually to the General Fund.

ATTACHMENT:

Resolution

RESOLUTION NO. 2023-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,

AUTHORIZING THE EXTENSION OF THE SERVICE FEE COLLECTED ON

BEHALF OF THE RIVERSIDE COUNTY ABANDONED VEHICLE
ABATEMENT SERVICE AUTHORITY UNTIL MAY 2034
WHEREAS, the Riverside County Abandoned Vehicle Abatement Service Authority was formed on or about June 1, 1994, pursuant to the provisions of California Vehicle Code §§ 9950.7 and 22710 enacted by the Legislature in 1990 which authorize the establishment of a service authority and imposition of a service fee on all registered motor vehicles located within a county; and
WHEREAS, beginning in June 1994 and continuing to the present, the Riverside County Abandoned Vehicle Abatement Service Authority has been the recipient of service fees collected on its behalf by the California Department of Motor Vehicles; and WHEREAS, the service fees received by the Riverside County Abandoned Vehicle Abatement Service Authority are used to reimburse local governmental agencies for a portion of their costs incurred as a result of the abatement, removal, and disposal as public nuisances of any abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof; and
WHEREAS, the Riverside County Abandoned Vehicle Abatement Service Authority apportions and distributes service fee proceeds to each member agency according to the formula set forth in California Vehicle Code §§ 22710; and WHEREAS, since the establishment of the Abandoned Vehicle Abatement program in June 1994, it has disbursed $35,128,331 in service fee proceeds to member agencies and caused the abetment of approximately 118,776 abandoned, wrecked, dismantled, or inoperative vehicles located in various cities and the unincorporated area of Riverside County; and
WHEREAS, the service fee collected as part of the Abandoned Vehicle Abatement Service Authority program is set to expire in May 2024; and WHEREAS, the Legislature recently amended California Vehicle Code § 9250.7 to allow for an extension of the service fee collected as part of the Abandoned Vehicle Abatement program in increments of up to 10 years each if the board of supervisors of the county, by a two-thirds vote, and a majority of the cities comprising a majority of the population of the incorporated areas within the county adopt resolutions providing for the extension of the service fee; and
WHEREAS, it is desirable for the City of Palm Desert to have the Abandoned Vehicle Abatement program continue beyond its current termination date of May 2024.

RESOLUTION NO. 2023-_____
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Palm Desert, California approves the extension of the service fee collected on behalf of the Riverside County Abandoned Vehicle Abatement Service Authority until May 14, 2034.

PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council held on this day of , 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________

KATHLEEN KELLY, MAYOR
ATTEST:
______________________________________
ANTHONY J. MEJIA, CITY CLERK

CITY OF PALM DESERT, CALIFORNIA

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: September 14, 2023
PREPARED BY: Debbie Thompson, Administrative Assistant
REQUEST: RESOLUTION TO AUTHORIZE DESTRUCTION OF OBSOLETE

RECORDS FROM THE SPECIAL PROGRAMS DIVISION
RECOMMENDATION:

Adopt a resolution authorizing the destruction of obsolete records from the Special Programs Division pursuant to the California Government Code Section 34090.

BACKGROUND/ANALYSIS:

Government Code Section 34090 permits the destruction of City records with the written consent of the City Attorney and approval of the City Council. The City’s records retention program, adopted on December 15, 2022, by Resolution No. 2022-98 establishes retention periods for all City records and provides for the systematic destruction of obsolete records.

Attached is Exhibit “A” the Records Destruction Certificate which lists the records submitted for destruction. The Certificate will be reviewed and signed by the City Attorney, as well as the City Clerk prior to destruction of all records.

Legal Review:

This report has been reviewed by the City Attorney’s office.

FINANCIAL IMPACT:

Destroying obsolete records reduces the costs associated with offsite document storage and records management.

ATTACHMENTS:

1. Resolution

2. Records Destruction Certificate – Exhibit “A”

CITY OF PALM DESERT

AUTHORITY TO DESTROY OBSOLETE RECORDS
I consent to the destruction of these obsolete records according to accepted policies and procedures.

City Clerk Date City Attorney Date
Approved by City Council:

Original: City Clerk’s Office
Copy: Special Programs
Dept. Retention
No.

Description
of Record
Years
Covered
Retention
Period
Shred or
Discard
Special
Programs BC&C-008
Youth
Committee
Agendas
2006 -
2019 2 years Discard
Special
Programs CW-1
Proposals for
2021/2022 El
Paseo
Sculpture
Exhibition
August
2020 2 years Discard
Special
Programs CW-1
Proposals for
San
Pablo/San
Gorgonio
Sculpture
July 2020
2 years Discard
Special
Programs BC&C-008
Art in Public
Places
Commission
Agendas
2000-2021 2 years Discard

Form RS-2/2023
C:\Program Files\eSCRIBE\TEMP\17365289313\17365289313,,,Resolution to Destroy Records YC AIPP Agendas and proposals for artworks.docx Thursday, August 31, 2023
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,

CALIFORNIA, SETTING FORTH ITS FINDINGS AND AUTHORIZING THE

DESTRUCTION OF PAPER RECORDS FROM THE SPECIAL PROGRAMS

DIVISION
WHEREAS, the Special Programs Division of the City of Palm Desert, California, has records that have met or exceeded the retention period caused by the official files, records, exhibits, and other documents of said office pursuant to the Retention Schedule set forth on City Council Resolution No. 2022-98; and
WHEREAS, said files are not the subject of any claim, litigation, investigation, or audit.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows:

Section 1. That the above recitations are true and correct and constitute the findings of the City Council in this matter.

Section 2. That it does hereby approve the destruction of all documents and records from files as set forth in Exhibit “A,” attached hereto, which have met or exceeded their retention period.

Section 3. That the Youth Committee Agendas from 2006 through 2019, Art in Public Places Commission Agendas from 2000 through 2021, Proposals for the San Pablo/San Gorgonio Roundabout, and proposals for the 2021/2022 El Paseo Sculpture Exhibition (August 2020) have exceeded their retention period (Exhibit “A”).

PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert City Council held on this 14th day of September, 2023, by the following vote, to wit:

ADOPTED ON _________, 2023.
____________________________

KATHLEEN KELLY
MAYOR
ATTEST:
________________________________
ANTHONY J. MEJIA

CITY CLERK

RESOLUTION NO. 2023-
August 31, 2023

I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2023-___ is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on September 14, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on __________________, 2023. ________________________________
ANTHONY J. MEJIA

CITY CLERK

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: September 14, 2023
PREPARED BY: Shelby Goodwin, Special Events Coordinator REQUEST: RECEIVE AND FILE INFORMATIONAL REPORT FOR ROAD CLOSURES

SCHEDULED TO OCCUR ON EL PASEO ASSOCIATED WITH FISCAL
YEAR 2023/24 ROUTINE SPECIAL EVENTS
RECOMMENDATION:

Receive and file informational report for road closures scheduled to occur on El Paseo associated with the following Fiscal Year 2023/24 routine special events:

1. Desert Cancer Foundation’s Paint El Paseo Pink – Saturday, October 14, 2023.

2. Palm Desert Area Chamber of Commerce’s (PDACC) Golf Cart Parade – Sunday, October 29, 2023.

3. Martha’s Village and Kitchen’s Thanksgiving 5K – Thursday, November 23, 2023.

4. Palm Desert Charter Middle School Foundation’s Panther 5K – Sunday, January 28, 2024.

BACKGROUND/ANALYSIS:

Paint El Paseo Pink, PDACC’s Golf Cart Parade, Thanksgiving 5K, and the Panther 5K are annually occurring events on El Paseo that require road closures between Portola Avenue and Highway 74. For these events, staff will work with the event producers in advance to ensure that hard closures will be utilized at all major intersections and police officers will be stationed at designated locations along the route. Additional notification regarding the road closures will be provided to businesses along El Paseo.

Legal Review:

This report has been reviewed by the City Attorney’s office.

FINANCIAL IMPACT:

The City Council approved sponsorships for each of these events as part of the FY 2023/24 budget; however, there is no financial impact to the General Fund associated with this request as each organization will be responsible for costs related to the road closures.

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: September 14, 2023
PREPARED BY: Anthony J. Mejia, City Clerk
REQUEST: RECEIVE AND FILE A LETTER OF OPPOSITION TO ASSEMBLY BILL 1484 (ZBUR): TEMPORARY PUBLIC EMPLOYEES
RECOMMENDATION:

Receive and file a letter of opposition to Assembly Bill 1484 (Zbur): Temporary Public Employees.

BACKGROUND/ANALYSIS:

Assembly Bill 1484 (Zbur): Temporary Public Employees would require inclusion of temporary employees in the same bargaining unit as permanent employees upon request of the recognized employee organization to a local public employer. The wages, hours, terms, and conditions of employment for temporary and permanent employees would need to be bargained together in a single memorandum of understanding.

On August 18, 2023, the League of California Cities (Cal Cities) issued a call for action to oppose AB 1484. Cal Cities advises that AB 1484 would likely increase the cost of hiring temporary employees, undermine cities’ ability to organize their workforce to best provide local government services, and complicate personnel management. Cal Cities urged cities to issue a letter of opposition to the Senate Appropriations Committee before August 30, 2023.

Due to the time sensitivity of this matter, the Legislative Review Subcommittee (Mayor Kelly and Mayor Pro Tem Quintanilla) authorized issuance of the letter and the City Council is requested to receive and file the attached letter.

Legal Review:

This report has been reviewed by the City Attorney’s office.

FINANCIAL IMPACT:

There is no fiscal impact associated with issuance of the proposed letter.

ATTACHMENTS:

1. Letter of Opposition to AB 1484

2. AB 1484 Bill Text and Legislative Analysis

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
[email protected]
August 21, 2023
The Honorable Anthony Portantino
Chair, Senate Appropriations Committee
State Capitol, Room 412
Sacramento, CA 95814
Re: AB 1484 (Zbur): Temporary Public Employees - OPPOSE As Amended on May 18, 2023
Dear Senator Portantino:

The City of Palm Desert must respectfully oppose AB 1484, which would require local public employers to include temporary employees in the same bargaining unit as permanent employees upon request of the recognized employee organization. AB 1484 would be difficult, if not impossible, for public employers to fulfill and includes provisions that conflict with existing law for permanent employees.

The bill’s provisions, including restrictions on discharging temporary employees and the inevitable increases in cost to employers, would also seriously discourage public agencies from hiring temporary employees. This reduction in employment opportunities would be detrimental to Californians throughout the state who are seeking temporary work.

AB 1484 would also negatively impact public services. "Extra help" employees are often hired for seasonal or “surge” needs. This bill would significantly increase the costs of hiring such employees, thereby reducing levels of service to residents. Similarly, temporary employees are frequently hired to backfill permanent employees who are on leave or temporarily reassigned. This bill would discourage such hiring, leaving positions unfilled and the public unserved.

Furthermore, AB 1484 would have unintended and unpredictable consequences when applied to the myriad existing local programs and the laws governing employees. This includes retired annuitants — whose terms and conditions of employment are strictly controlled by state law in ways that would severely impair any meaningful bargaining — and workers hired through staffing agencies.

Public agencies also often offer paid student internship programs, which provide valuable work experience for the next generation of public employees. Requiring agencies to include those positions with the bargaining unit (and give them discharge protections) would strongly discourage local governments from offering such programs.

AB 1484 would also require public agencies to inform temporary employees and the employee organization of the anticipated length of employment. However, temporary employees are often hired to fulfill an immediate need of uncertain duration, as was the case during the COVID-19 pandemic. In these cases, the agency would not be able to identify an end date that is anything more than speculation, which would serve no useful purpose and may lead to unnecessary disputes.

Most critically, AB 1484 provides temporary employees with more rights than permanent employees.

Proposed Section 3507.7(b)(5) provides that "temporary employees...who have been employed for more than 30 calendar days shall be entitled to use any grievance procedure in the memorandum of understanding to challenge any discipline without cause." By contrast, the City of Palm Desert offers a probationary period of six months for permanent employees, during which the employee may be released without cause and without triggering a grievance. This probationary period is a critical part of the hiring process. If public employers cannot use this process for temporary employees, they would be vastly less likely to hire temporary employees.

Temporary employees are hired for a temporary and urgent need. The provisions of this bill severely limit local agencies’ ability to utilize this workforce, which ultimately impacts our ability to provide services. For these reasons, the City of Palm Desert respectfully opposes AB 1484.

Sincerely,
Kathleen Kelly, Mayor
City of Palm Desert
cc: Assembly Member Gregg Wallis, 47th District
Senator Steve Padilla, 18th District
League of California Cities

AMENDED IN ASSEMBLY MAY 18, 2023
AMENDED IN ASSEMBLY MARCH 28, 2023
california legislature—2023–24 regular session
ASSEMBLY BILL No. 1484
Introduced by Assembly Member Zbur
(Coauthors: Assembly Members Haney and Ortega)
February 17, 2023
An act to add Section 3507.7 to the Government Code, relating to public employment.
legislative counsel’s digest
AB 1484, as amended, Zbur. Temporary public employees.
(1)  Existing law, the Meyers-Milias-Brown Act (act), authorizes local public employees, as defined, to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on matters of labor relations. Existing law generally requires that the scope of representation under the act include all matters relating to employment conditions and employer-employee relations, while excepting the consideration of the merits, necessity, or organization of any service or activity provided by law or executive order. Existing law states that the Legislature finds and declares that the duties and responsibilities of local agency employer representatives under the act are substantially similar to the duties and responsibilities required under existing collective bargaining enforcement procedures and therefore the costs incurred by the local agency employer representatives in performing those duties and responsibilities under that act are not reimbursable as state-mandated costs.

97

This bill would impose specified requirements with respect to the temporary employees, as defined, of a public employer who have been hired to perform the same or similar type of work that is performed by permanent employees represented by a recognized employee organization. In this regard the bill would require those temporary employees to be automatically included in the same bargaining unit as the permanent employees, as specified, upon the request of the recognized employee organization. The bill would also require a public employer to, upon hire, provide each temporary employee with their job description, wage rates, and eligibility for benefits, anticipated length of employment, and procedures to apply for open, permanent positions. By imposing new duties on local agencies that employ temporary employees, the bill would impose a state-mandated local program. The bill would require complaints alleging a violation of its provisions to be processed as unfair practice charges under the act. The bill would additionally include the same findings and declarations as set forth above.
(2)  The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.

Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement shall be made pursuant to these statutory provisions for costs mandated by the state pursuant to this act, but would recognize that a local agency or school district may pursue any available remedies to seek reimbursement for these costs.

Vote: majority. Appropriation: no. Fiscal committee: yes.

State-mandated local program: yes.

The people of the State of California do enact as follows:
line 1 SECTION 1. The Legislature finds and declares all of the line 2 following:
line 3 (a)  Local governments have increasingly hired temporary line 4 employees to provide public services.
line 5 (b)  Temporary employees are disproportionately women and line 6 people of color, and the lesser rights of temporary employees line 7 exacerbate race and gender inequity in public employment. line 8 (c)  There is a statewide interest in ensuring that temporary line 9 employees are protected by state laws providing for fair labor 97 AB 1484 — 2 —

line 1 relations and that the increasing use of temporary employees does line 2 not undermine public employee labor relations.
line 3 (d)  Section 2 of this act is intended to apply to all public line 4 employers covered by the Meyers-Milias-Brown Act (Chapter 10 line 5 (commencing with Section 3500) of Division 4 of Title 1 of the line 6 Government Code).
line 7 SEC. 2. Section 3507.7 is added to the Government Code, to line 8 read:
line 9 3507.7. (a)  For purposes of this section, “temporary employee” line 10 means a temporary employee, casual employee, seasonal employee, line 11 periodic employee, extra-help employee, relief employee, line 12 limited-term employee, per diem employee, and any other public line 13 employee who has not been hired for a permanent position. line 14 (b)  Notwithstanding any other law, the following requirements line 15 apply with respect to temporary employees of a public employer line 16 who have been hired to perform the same or similar type of work line 17 that is performed by permanent employees represented by a line 18 recognized employee organization:
line 19 (1)  Upon the request of the recognized employee organization line 20 to the public employer, the following apply:
line 21 (A)  Temporary employees shall be automatically included in line 22 the same bargaining unit as the permanent employees if temporary line 23 employees are not presently within the unit definition. This line 24 subparagraph does not require the same terms and conditions of line 25 employment for permanent and temporary employees. line 26 (B)  The terms and conditions of employment of permanent and line 27 temporary employees in the same bargaining unit shall be line 28 addressed in a single memorandum of understanding. This line 29 subparagraph shall apply upon the expiration of the existing line 30 memoranda of understanding that covers the permanent and line 31 temporary employees, unless the recognized employee organization line 32 and public employer agree to an earlier date. This subparagraph line 33 does not require the same terms and conditions of employment for line 34 permanent and temporary employees.
line 35 (2)  The public employer shall provide, upon hire, each line 36 temporary employee with their job description, wage rates, and line 37 eligibility for benefits, anticipated length of employment, and line 38 procedures to apply for open, permanent positions. The same line 39 information shall be provided to the recognized employee line 40 organization, along with the employee information required under 97 — 3 — AB 1484

line 1 Section 3558 for the temporary employee, within five business line 2 days of hiring the temporary employee.
line 3 (3)  The public employer shall include, when providing the line 4 employee organization with the employee information required line 5 by Section 3558, the anticipated end date of employment for each line 6 temporary employee or actual end date if the temporary employee line 7 has been released from service since the last list was provided. line 8 (4)  (A)  Whether a temporary employee who subsequently line 9 obtains permanent employment receives seniority or other credit line 10 or benefit for their time spent in temporary employment shall be line 11 a matter within the scope of representation in bargaining units that line 12 include permanent employees.
line 13 (B)  Whether a temporary employee receives a hiring preference line 14 over external candidates for permanent positions shall be a matter line 15 within the scope of representation in bargaining units that include line 16 temporary employees.
line 17 (C)  This paragraph shall apply to the extent that the line 18 memorandum of understanding may lawfully address these line 19 subjects. This paragraph shall be effective with respect to any line 20 memorandum of understanding covering permanent employees line 21 entered into after the effective date of this section. line 22 (5)  Unless a memorandum of understanding that covers both line 23 temporary and permanent employees expressly refers to this line 24 paragraph and waives its requirements, temporary employees in line 25 that bargaining unit who have been employed for more than 30 line 26 calendar days shall be entitled to use any grievance procedure in line 27 the memorandum of understanding to challenge any discipline line 28 without cause. This paragraph shall be effective only with respect line 29 to a memorandum of understanding entered into after the effective line 30 date of this section. This paragraph does not require public line 31 employers to retain temporary employees whose services are no line 32 longer needed, to require pretermination hearings before the line 33 dismissal of temporary employees, or to prevent a public employer line 34 from replacing temporary employees with employees hired for line 35 permanent positions.
line 36 (c)  Complaints alleging violations of this section shall be line 37 processed as unfair practice charges pursuant to Section 3509. line 38 (d)  Nothing in this section supersedes or provides any exemption line 39 to the restrictions or requirements related to individuals working line 40 after retirement from a public retirement system. 97 AB 1484 — 4 —

line 1 (d)
line 2 (e)  The Legislature finds and declares that the duties and line 3 responsibilities of local agency employer representatives under line 4 this section are substantially similar to the duties and line 5 responsibilities required under existing collective bargaining line 6 enforcement procedures and therefore, the costs incurred by the line 7 local agency employer representatives in performing those duties line 8 and responsibilities under this section are not reimbursable as line 9 state-mandated costs.
line 10 SEC. 3. No reimbursement shall be made pursuant to Part 7 line 11 (commencing with Section 17500) of Division 4 of Title 2 of the line 12 Government Code for costs mandated by the state pursuant to this line 13 act. It is recognized, however, that a local agency or school district line 14 may pursue any remedies to obtain reimbursement available to it line 15 under Part 7 (commencing with Section 17500) and any other law.

O
97 — 5 — AB 1484

SENATE COMMITTEE ON APPROPRIATIONS
Senator Anthony Portantino, Chair
2023 - 2024 Regular Session
AB 1484 (Zbur) - Temporary public employees
Version: May 18, 2023 Policy Vote: L., P.E. & R. 4 - 1
Urgency: No Mandate: Yes
Hearing Date: August 14, 2023 Consultant: Robert Ingenito Bill Summary: AB 1484 would require inclusion of temporary employees in the same bargaining unit as permanent employees upon request of the recognized employee organization to a local public employer.

Fiscal Impact:
 The Public Employment Relations Board (PERB) indicates that it would incur annual General Fund costs of up to $236,000 to implement the provisions of the bill.
 By increasing the duties of local public employers, as specified, this bill creates a state-mandated local program. To the extent the Commission on State Mandates determines that the provisions of this bill create a new program or impose a higher level of service on local agencies, local agencies could claim reimbursement of those costs (General Fund). The magnitude is unknown, but potentially in excess of $50,000 annually.

Background: Temporary employees are employees who have not been hired for a permanent position. Although these workers are classified as temporary, these employees are often rehired by employers year after year, suggesting that their need is permanent. Temporary employees may be excluded from union contracts that cover permanent workers doing similar work and often do not receive the same wages, rights, or benefits a permanent employees.

In recent years, the proportionate number of temporary employees to permanent employees has reportedly increased. For example, the author’s office cites estimates that temporary employees account for 20 percent of San Mateo County’s workforce, and 40 percent in Oakland.

PERB is a quasi-judicial administrative agency charged with administering the collective bargaining statutes covering employees of California’s public schools, colleges, and universities, employees of the State of California, employees of California local public agencies (cities, counties and special districts), trial court employees, trial court interpreters, supervisory employees of the Los Angeles County Metropolitan Transportation Authority, Judicial Council employees, Orange County Transportation Authority employees, Bay Area Rapid Transit District (BART) employees, Sacramento Regional Transit District employees, Santa Cruz Metropolitan Transit District employees, Santa Clara Valley Transportation Authority employees, and child care providers who participate in a state-funded early care and education program.

AB 1484 (Zbur) Page 2 of 4
Proposed Law: This bill would, among other things, do the following:
 Apply the following requirements to temporary employees (as defined) of a public employer who have been hired to perform the same or similar type of work that is performed by permanent employees represented by a recognized employee organization:
o Upon the request of the recognized employee organization to the public employer, the bill would require:
 Temporary employees to be automatically included in the same bargaining unit as the permanent employees if temporary employees are not presently within the unit definition. This subparagraph does not require the same terms and conditions of employment for permanent and temporary employees.
 The terms and conditions of employment of permanent and temporary employees in the same bargaining unit to be addressed in a single memorandum of understanding. This subparagraph shall apply upon the expiration of the existing memoranda of
understanding that covers the permanent and temporary
employees, unless the recognized employee organization and public employer agree to an earlier date. This subparagraph does not require the same terms and conditions of employment for permanent and temporary employees.
o Require the public employer to provide, upon hire, each temporary employee with their job description, wage rates, and eligibility for benefits, anticipated length of employment, and procedures to apply for open, permanent positions. The same information shall be provided to the recognized employee organization, as specified.
o Require the public employer to include, when providing the employee organization with the employee information required by PECC, the anticipated end date of employment for each temporary employee or actual end date if the temporary employee has been released from service since the last list was provided.
o Require that the scope of representation in bargaining units:
 That include permanent employees includes the matter of whether a temporary employee who subsequently obtains permanent employment receives seniority or other credit or benefit for their time spent in temporary employment shall be a matter within the scope of representation.
 That include temporary employees includes the matter of whether a temporary employee receives a hiring preference over external candidates for permanent positions.

AB 1484 (Zbur) Page 3 of 4
 Are not subject to the above two matters unless the memorandum of understanding may lawfully address those subjects.
 Apply to any memorandum of understanding covering permanent employees entered into after the effective date of this section. o Grant temporary employees in a bargaining unit who have been employed for more than 30 calendar days use of any grievance procedure in a memorandum of understanding that covers both temporary and permanent employees to challenge any discipline without cause unless the memorandum of understanding expressly refers to this paragraph and waives its requirements.
 This provision is effective only with respect to a memorandum of understanding entered into after the effective date of this section.  This provision does not require public employers to retain temporary employees whose services are no longer needed, to require pretermination hearings before the dismissal of temporary employees, or to prevent a public employer from replacing temporary employees with employees hired for permanent
positions.
 Require that complaints alleging violations of this bill’s provision be processed as unfair practice charges with PERB pursuant to its powers under the Myers-MiliasBrown Act (MMBA).

Related Legislation: AB 1752 (Santiago, 2022) would have required community college districts (CCD) to adopt terms of compensation for part-time faculty of at least the same ratio to the full-time faculty for comparable duties to ensure pay parity for parttime faculty and would have required districts that do not have collective bargaining agreements with their part-time employees to bargain with them, as specified. The bill was held under submission on the Suspense File of the Assembly Appropriations Committee.

Staff Comments: Staff notes that while the bill has been crafted in an effort to eliminate the potential of creating a new mandate, the Commission on State Mandates cites two decisions where the courts have determined that the evidence contradicts what is in statute. For example, Carmel Valley Fire Protection Dist v. State of California (1987) 190 Cal. App. 3rd 521, 541 notes: As a general defense against the order to reimburse, State insists that the Legislature itself concluded that the claimed costs are not reimbursable. This determination took the combined form of disclaimers, findings, and budget control language. State interprets this self-serving legislation, as well as the legislative and gubernatorial deletions, as forever sweeping away State’s obligation to reimburse the state-mandated costs at issue. Consequently, any order that ignores these restrictions on payments would amount to a court-ordered appropriation. As we shall conclude, these efforts are merely transparent attempts to do indirectly that which cannot lawfully be done directly.

AB 1484 (Zbur) Page 4 of 4
Also, Long Beach Unified School District v. State of California (1990) 225 Cal App. 3rd 155, 184 notes: Having concluded that certain appropriations are generally available to reimburse Long Beach Unified School District (LBUSD), we turn to an additional issue raised by the State: that the “finding” by the Legislature that the Executive Order does not impose a “state mandated local program” prevents reimbursement. Unsupported legislative disclaimers are insufficient to defeat reimbursement. (Carmel Valley.) As discussed, LBUSD, pursuant to Section 6, has a constitutional right to reimbursement of its costs in providing an increased service mandated by the state. The Legislature cannot limit a constitutional right. (Hale v. Bohannon (1952) 38 Cal. 2nd 458, 471 [2441 P. 2d 4].

As noted above, this bill would result in labor organizations filing unfair practice charges with PERB where the public agency (1) refuses to move temporary employees into a bargaining unit after a request by the exclusive representative, (2) fails to provide information about its temporary employees, or (3) refuses to bargain in good faith over terms and conditions for temporary employees. Because public agencies must move temporary employees into an established bargaining unit only if they perform the “same or similar” work as the permanent employees, PERB notes that it is likely that disputes would arise involving whether the duties are the same or similar. Similarly, disputes would arise about whether a temporary employee is a public employee or employed by a staffing agency. PERB further notes that questions that concern the identity of the employer are fact intensive and often legally complex, potentially resulting in protracted adjudication of these disputes.

PERB anticipates that other ambiguities in the language would result in unfair practice charges as well. For example, it is unclear whether the public agency must immediately bargain over terms and conditions for temporary employees where the current MOU does not cover them. Overall, these disputes would likely result in an increase of 20-25 charges per year. PERB estimates that, on average, each unfair practice case costs about $9,447 to adjudicate. Therefore, this bill would increase PERB’s annual costs from $189,000 to $236,000.
-- END --

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: September 14, 2023
PREPARED BY: Michelle Nance, Deputy Clerk I
REQUEST: SECOND READING AND ADOPTION OF ORDINANCE NO. 1399. AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, UPDATING CHAPTER 8.20 REGARDING PUBLIC

NUISANCE ABATEMENT AND COST RECOVERY PROCEDURES
RECOMMENDATION:

Waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. 1399.

BACKGROUND/ANALYSIS:

On August 24, 2023, the City Council introduced Ordinance No. 1399 for first reading. This report provides for the City Council to waive further reading and adopt the ordinance. The ordinance shall be effective 30 days from adoption.

FINANCIAL IMPACT:

There is no direct financial impact associated with this action.

ATTACHMENTS:

1. Ordinance No. 1399

ORDINANCE NO. 1399

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, UPDATING CHAPTER 8.20 REGARDING

PUBLIC NUISANCE ABATEMENT AND COST RECOVERY

PROCEDURES

THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES ORDAIN AS FOLLOWS:

SECTION 1. Amendment to Municipal Code. Palm Desert Municipal Code Chapter 8.20 Public Nuisances is amended to read as follows:
“Chapter 8.20 PUBLIC NUISANCES

8.20.010 Purpose.

8.20.015 Definitions.

8.20.020 Unlawful property nuisances.

8.20.030 Service requirements.

8.20.040 Procedure for inspections.

8.20.050 Notice to Abate.

8.20.060 Notice to Abate appeals and hearings.

8.20.070 Abatement by City.

8.20.080 Summary abatement.

8.20.090 Recordation of Notice of Violation.

8.20.100 City’s right to recover nuisance abatement costs.

8.20.110 Scope of recoverable abatement costs.

8.20.120 Initiation of cost recovery process.

8.20.130 Report of abatement costs appeal hearing procedures.

8.20.140 Initiation of collection process.

8.20.150 Collection of costs as lien.

8.20.160 Collection of costs as a special assessment.

8.20.170 Enforcement.

Ordinance No. 1399 Page 2

8.20.010 Purpose.

The purpose and intent of this Chapter is to provide regulations that will promote the sound maintenance of property and enhance conditions of appearance, habitability, occupancy, and safety of all structures and premises in the City, and to afford due process of law to any person who is directly affected by this process. It is the policy of the City to ensure all applicable laws are followed by the City in performance of this Chapter, including respect for constitutional protections, due process, and equal protection.

In order to further the stated goal of the City of Palm Desert and to protect its citizens and their property from conditions which are offensive or annoying to the senses, detrimental to property values and community appearance, or hazardous or injurious to the health, safety, or welfare of the general public, the City Council has determined that this Chapter pertaining to nuisance abatement is necessary to effectively abate or prevent the development of such conditions in the City.

This Chapter may not be applied, construed, or given effect in a manner that imposes upon the City any duty towards persons or property or that creates a basis for civil liability for damages, except as otherwise imposed by law. The City reserves the right to address abatement of nuisance in a variety of ways at its sole discretion while balancing the use of limited City resources.

8.20.015 Definitions.

For the purposes of this Chapter, unless otherwise apparent from the context, certain words or phrases used in this Chapter are defined as follows:
“Abatement costs” means all costs, fees, and expenses, incidental or otherwise, including attorney’s fees and City staff time charges, incurred by the City in investigating and abating a public nuisance.
“Enforcement official” means any City employee or agent designated by the City Manager with the authority and responsibility to enforce any provision of this Code, including an officer employed by the City and an officer providing services to the City under contract.
“Hearing officer” means an impartial individual designated and authorized by this Chapter to hear and review appeals of a person receiving a notice, decision, or order issued under this Chapter.
“Person” means any natural person or legal entity, including any firm, partnership, association, corporation, organization or entity of any kind, or such person’s authorized representative.
“Responsible party” means any of the following:

1. A person who causes a code violation to occur;

2. A person who maintains or allows a code violation to continue, by his or her action or failure to act; or

Ordinance No. 1399 Page 3

3. A person who is the owner of, and a person who is a tenant, lessee or sublessee with the current right of possession of real property where a property-related code violation occurs or exists.

4. A person whose agent, employee, or independent contractor causes a code violation by its action or failure to act.

5. A person who is the on-site manager of a business, or a person actually or apparently in charge of the business.

6. The parent or the legal guardian of any person under the age of eighteen years of age, who causes a code violation by his or her action or failure to act.

For purposes of this subsection “person” includes a natural person or legal entity, and the owners, corporate officers, trustees, and general partners of a legal entity. There shall be a legal presumption that the record owner of a parcel according to the county’s latest equalized property tax assessment rolls and a tenant, lessee or sublessee of a parcel has notice of any code violation existing on the premises.

For the purposes of this chapter, there may be more than one responsible Person for a code violation.

8.20.020 Unlawful property nuisances.

It is unlawful and a public nuisance for any person owning, leasing, renting, occupying, or having charge or possession of any property in the City to maintain the property or allow the property to be maintained, with any of the following conditions:

A. Buildings or structures which are abandoned, partially destroyed or left in an unreasonable state of partial construction. For purposes of this subsection, an “unreasonable state of partial construction” is where any partially constructed building or structure, the building permits for which have expired, or substantially detracts from the appearance of the immediate neighborhood;
B. Unpainted buildings or structures that have dry rot, whose materials are warped or infested with termites, or any building or structure whose paint has become excessively cracked, or whose paint has peeled or blistered; C. Exterior walls, fences, driveways or sidewalks which are maintained in a condition of deterioration or disrepair and which are defective or unsightly; D. Broken windows, damaged doors or gates which constitute a hazard and an invitation to trespassers or vagrants;
E. Construction equipment, machinery or building materials of any type or description parked or stored on the premises which is visible to the general public except during excavation, construction or demolition operations conducted pursuant to an active building or grading permit for the premises;

Ordinance No. 1399 Page 4
F. Land graded without an appropriate city permit which causes erosion, subsidence or surface water drainage problems of such magnitude as to be injurious or potentially injurious to the public health, safety, and welfare or to be injurious or potentially injurious to adjacent properties;
G. Any excavation, pit, well or hole which is open to the public, or unguarded, or abandoned, such that the excavation, pit, well or hole may be dangerous to life; H. Any dust, sand, gravel, trash, or other refuse and waste matter or debris which is allowed to interfere with the reasonable enjoyment of property by neighbors, or detrimentally affects property values in surrounding neighborhoods or community and/or resulting from construction activities within the city; I. All outdoor stairs, porches, hand railings, balconies and awnings not adequately maintained in a safe and structurally sound condition; J. Any swimming pool, spa, pond, fountain or other body of water which is, may become, or which has become polluted, stagnant, a breeding place for insects or otherwise hazardous, odorous or unsightly;
K. A building or structure that is marked or defaced with spray paint, dye or like substance in a manner commonly described as graffiti; L. Any violation of any Palm Desert Municipal Code section, any violation of a Riverside County Code of Ordinances section adopted by the City, or any violation of the uniform codes adopted by the City including, but not limited to, the Uniform Building Code, Code for Abatement of Dangerous Buildings, Plumbing Code, Electrical Code, Mechanical Code, Swimming Pool Code, Fire Code, Health Code or Uniform Housing Code, as the same currently exist or as they may be hereinafter enacted or amended; M. Premises so maintained as to cause the accumulation of polluted or stagnant water when such water causes a hazardous or unhealthy condition, breeding areas for insects, or erosion of foundation walls or soil; N. Maintenance of property so out of harmony or conformity with the maintenance standards of adjacent properties as to interfere with the reasonable enjoyment of property by neighbors, and depreciate the aesthetic and property values of surrounding property;
O. The intentional outdoor burning of any material, structure, matter or thing, unless authorized by the city fire department or authorized representative by issuance of a permit to do so. There shall be no authorized burning on Friday, Saturday, Sunday or Government Code holidays;
P. To leave or permit any abandoned, unattended or discarded icebox, refrigerator, freezer or other container which has an airtight door or lid with a snap lock or other device which may not be released from the inside, to be left outside of any building or structure at any time;
Q. Stockpiling of fill dirt or other material without a permit;

Ordinance No. 1399 Page 5
R. The substantial lack of maintenance of grounds, landscape, shrubs, plants or vegetation within the city which are viewable by the general public from a public rightof-way or viewable from neighboring properties such that the property values of surrounding properties are reduced or such that the aesthetics of surrounding properties are detrimentally affected;
S. Landfills which contain organic materials, except as permitted by the chief building officer or director of public works;
T. The existence of the following on property such that the health, safety or general welfare is detrimentally affected or in such a manner that a public nuisance or fire hazard is created:

1. Lumber, junk, trash, debris, refuse, waste matter or other salvage materials visible from a public right-of-way or adjoining property,

2. Attractive nuisances dangerous to children, including abandoned, broken or neglected equipment and machinery, hazardous pools, and excavations,

3. Abandoned or discarded furniture, appliances, play equipment or other household fixtures or other equipment, stored so as to be visible from public right-of-way or from adjoining property,

4. Clotheslines in front yard areas or side yard areas of corner lots, clothes hung to dry on walls, fences, trees, bushes or inside opened garage or carport areas where such is viewable from the public right-of-way,

5. Abandoned, wrecked or inoperative vehicles of all types, and parts thereof,

6. Materials or items of any type stored on roof tops when visible from the public right-of-way,

7. Garbage or trash cans, containers or plastic bags stored in front or side yards, visible from the public right-of-way, or which cause offensive odors,

8. Gasoline, oil, grease, water or other materials which flow onto the public right-of-way, or the excessive accumulation of refuse and waste, grease and oil on any paved surfaces, buildings, structures, walls or fences,

9. Any tree, shrubbery or plant permitted to grow onto or over the public right-of-way such that pedestrian or vehicular traffic is impaired, or such that vehicle operators cannot clearly observe safety signs and signals,

10. Dead, decayed, diseased or hazardous trees, hedges, weeds, shrubs and overgrown vegetation, cultivated or uncultivated, which is likely to harbor rats, vermin or constitute an unsightly appearance, nuisance, fire hazard, or that is detrimental to neighboring properties or property values,

Ordinance No. 1399 Page 6

11. Refuse and waste matter, which by reason of its location or character, is unsightly and interferes with the reasonable enjoyment of property by neighbors, detrimentally affects property values in the surrounding neighborhood, or which would materially hamper or interfere with the prevention or suppression of fire upon the premises. “Refuse and waste matter” means unused or discarded matter and material having no substantial market value and which consists of rubbish, garbage, weeds, palm fronds, leaves, grass, refuse, debris and matter of any kind, including but not limited to rubble, asphalt, concrete, plaster, tile, rocks, bricks, soil, building materials, crates, cartons, containers, boxes, machinery or parts thereof, scrap metal and other pieces of metal (ferrous or nonferrous), furniture or parts thereof, inoperative vehicles or parts thereof, trimmings, cans, bottles, barrels and unapproved fill dirt or similar matter.

U. The existence of the following activities within a commercial or industrial zoning district:

1. Excessive noise levels beyond acceptable limits defined in Chapter

9.24. 2. Noxious odors or toxic fumes.

3. Vibrations or disturbances that disrupt the nearby properties.

4. Unauthorized outdoor storage or disposal of hazardous materials.

5. Excessive light pollution that negatively impacts neighboring properties.

6. Activities resulting in significant traffic congestion beyond normal capacity.

7. Any other activities or operations deemed by an enforcement official as causing a public nuisance.

Upon a finding of any nuisance in this subsection (U), an enforcement official may regulate or enjoin the hours of operation or the activities of businesses within the city commercial and industrial districts.

8.20.030 Service requirements.

A. Except where this Chapter prescribes another procedure or the parties otherwise agree to an alternate means, any notice or document required to be served under this Chapter must be served by personal service or first-class mail.

B. Service is deemed effective on the date it is personally delivered or deposited in the mail.

C. Failure of any person to receive a document properly served under this Chapter does not affect the validity of the notice or document, service, or any action or proceeding under this Chapter.

Ordinance No. 1399 Page 7
D. The notices and documents that are authorized by this Chapter may be combined in the discretion of the City.

8.20.040 Procedure for inspections.

A. Whenever it is appropriate to make an inspection to enforce any of the provisions of this Chapter, or whenever an enforcement official has reasonable cause to believe that there exists in any building or on any property any public nuisances, the enforcement official may request entry to such building or property at all reasonable times to inspect the same and ascertain whether the provisions of this code or applicable state codes are being obeyed and to make any examinations and surveys as may be necessary in the performance of their enforcement duties. These may include the taking of photographs, samples or other physical evidence. All inspections, entries, examinations and surveys shall be done in a reasonable manner. If such building or property is occupied, the enforcement official shall first present proper credentials or identification and request entry. If the building or property is unoccupied, the enforcement official shall make a reasonable effort to locate the owner or other persons having charge or control of the building or property and request entry. If entry is refused, the enforcement official shall have recourse to every remedy provided to secure entry, including, but not limited to, securing a court ordered inspection warrant pursuant to the procedures provided in state law, including California Civil Procedure Section 1822.50 et seq., as it may be amended from time to time.

B. When an enforcement official shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant of the building or property shall fail or neglect, after proper request is made as provided in this section, to promptly permit entry therein by the enforcement official for the purpose of inspection and examination pursuant to this Chapter.

8.20.050 Notice to Abate.

A. Whenever an enforcement official determines that a nuisance, as designated in Section 8.20.030, is occurring or exists, he or she may issue a written order to any responsible party (“Notice to Abate”).

B. A Notice to Abate issued pursuant to this section must contain the following information:

1. The address of the real property on which the alleged nuisance condition exists;

2. A description of the alleged nuisance conditions and the code section(s) prohibiting the alleged nuisance condition;

3. A brief description of the required corrective actions;

4. A reasonable compliance period in which to complete the nuisance abatement actions (with all required City approvals, permits and inspections, when applicable);

Ordinance No. 1399 Page 8

5. A statement that the City may record a Notice of Violation with the Riverside County Recorder’s Office against the premises; and

6. The period and manner in which a responsible party may contest the Notice to Abate as set forth in Section 8.20.070.

C. Whenever the enforcement official intends to abate a public nuisance by demolition of a building or structure if the responsible party fails to comply, then the City must comply with the following additional requirements:

1. The Notice to Abate must contain a statement that the City intends to abate the nuisance with City personnel or contractors by demolition of a building or structure if the nuisance conditions are not repaired, rehabilitated, removed, terminated, or demolished within the compliance deadline set forth in the Notice to Abate; and

2. The City must serve the Notice to Abate on all secured lienholders of record with the Riverside County Recorder’s Office.

D. Any Notice to Abate issued under this section must be served in the manner required under Section 8.20.040.

E. The provisions of this section do not apply in cases involving emergency or summary abatement under Section 8.20.090.

8.20.060 Notice to Abate appeals and hearings.

A. Any person issued a Notice to Abate has a right to appeal the City’s nuisance determination in accordance with this section. An appeal must be filed within fifteen (15) calendar days following the date of service of the Notice to Abate. A written notice of appeal must contain the following information: (i) the name and contact information of the appellant, and (ii) the grounds for appeal in sufficient detail to enable the hearing officer and City to understand the nature of the controversy. The failure of any person who has been served with a Notice to Abate to timely and properly file an appeal is a failure to exhaust administrative remedies.

B. The City Manager may select the hearing officer. The hearing officer must be selected in a manner that avoids the potential for pecuniary or other bias.

C. If a timely and proper appeal is filed, then the City Clerk must schedule the hearing no sooner than fifteen (15) calendar days and no later than sixty (60) calendar days from receipt of the notice of appeal, unless the parties waive such time limits. The failure to hold the hearing within this time period does not invalidate any action of the hearing officer. The City Clerk must notify the appellant in writing of the date, time, and location of the hearing at least ten (10) calendar days before the date of the scheduled hearing. The notice of hearing must be served in accordance with Section 8.20.040.

D. The City bears the burden of proof to establish a nuisance exists by a preponderance of evidence. The issuance of a Notice to Abate is prima facie evidence of

Ordinance No. 1399 Page 9
the existence of a violation. The scope of the appeal is limited to whether any nuisance condition identified in the Notice to Abate exists.

E. All parties have the right to present evidence and witnesses. The formal rules of evidence and discovery do not apply. The rules of privilege are effective to the same extent that they are now or hereafter may be recognized in civil actions. Irrelevant or unduly repetitious evidence may be excluded. Oral evidence may be taken only on oath or affirmation. The appellant and respondent may represent themselves or be represented by anyone of their choice. No party has the right to cross-examine any other party or witness except for good cause shown to the satisfaction of the hearing officer.

The appellant may bring an interpreter to the hearing at his or her sole expense. The City may, at its discretion, record the hearing by stenographer, court reporter, audio recording, or video recording.

F. The hearing officer’s decision must be in writing, set forth the hearing officer’s findings of fact and conclusions of law, order the abatement of any confirmed nuisance conditions within a deadline determined by the hearing officer to be reasonable, and include a statement that if the nuisance is not abated then it may be abated by the City. If the hearing officer determines that each and every nuisance condition described in the Notice to Abate is nonexistent, the Notice to Abate is deemed cancelled. The hearing officer must render a decision within fifteen (15) calendar days following the conclusion of the hearing. Failure of the hearing officer to render a decision within this time period does not invalidate any action of the hearing officer or automatically grant the appeal. The hearing officer’s decision must be served in accordance with Section

8.20.040. The hearing officer’s decision is the final administrative decision of the City regarding the Notice to Abate and is not subject to appeal to the City Council or any other board or commission of the City. The hearing officer’s decision is final and effective on the date of service of the decision. The decision must contain the following statement:
“The decision of the hearing officer is final and binding. Judicial review of this decision is subject to the provisions and time limits set forth in California Code of Civil Procedure section 1094.6 et seq.” Failure to seek timely judicial review pursuant to California Code of Civil Procedure section 1094.5 et seq. means all objections to the hearing officer’s decision are waived.

8.20.070 Abatement by City.

If a nuisance is not completely abated within the time prescribed by the Notice to Abate or, if appealed, in the hearing officer’s decision, the City is authorized to abate a public nuisance by any other method authorized by law, such abatement may be performed through inspections and directives to remediate the violation or legal proceedings designed to secure enforcement of the city’s municipal code or the city may commence the abatement work itself. The City and its agents are expressly authorized to enter the premises for such purpose. Except in cases involving an imminent hazard, entry onto any real property to abate a public nuisance must be pursuant to a warrant issued by a court of competent jurisdiction.

8.20.080 Summary abatement.

Ordinance No. 1399 Page 10
A. If, in the reasonable opinion of the enforcement official, there exists a condition that constitutes an imminent threat of harm to public health or safety, or imminent hazard to real or personal property, the enforcement official may cause the conditions to be summarily abated in accordance with the following procedure. When determining whether a hazard is sufficiently imminent to warrant emergency abatement, the enforcement official may consider whether there is insufficient time to follow the administrative process for non-emergency abatements described in this Chapter.

B. If time permits, the enforcement official may attempt to contact the owner or occupant of the property to notify the responsible party that the condition must be immediately abated to eliminate the imminent hazard.

C. If the enforcement official is unable to make contact, or if after contact with the owner or occupant does not take action within the time prescribed by the enforcement official, he or she is authorized to take all actions necessary to eliminate or mitigate the hazardous condition, utilizing the City’s own forces or private contractors.

D. Nothing in this Section prevents public safety officers from taking actions in emergency situations as they may deem necessary or appropriate in order to protect the public health, safety, and general welfare.

E. As soon as reasonably possible under the circumstances, following any summary abatement action by the City to abate an immediate hazard, the City must provide each responsible party with a “Notice of Summary Abatement.” The Notice of Summary Abatement must be served in accordance with Section 8.20.040 and contain the following information:

1. A brief description of the condition and reasons why it constituted an imminent threat or hazard;

2. A brief description of the law prohibiting or pertaining to the imminent threat or hazard; and

3. A brief description of the actions the City took to abate the imminent threat or hazard.

F. The City’s determination that a condition constituted an imminent threat or hazard may be appealed as set forth in Section 8.20.070.

G. The enforcement official must keep an itemized account of the costs incurred by the City in abating the public nuisance. The City is entitled to recover all abatement costs incurred in the abatement of an imminent threat or hazard in accordance with the procedures set forth in this Chapter.

8.20.090 Recordation of Notice of Violation.

A. If a nuisance is not completely abated as determined by the City within the time prescribed by the Notice to Abate or, if appealed, in the hearing officer’s decision, the City may record a Notice of Violation with the Riverside County Recorder’s Office against the premises.

Ordinance No. 1399 Page 11
B. The City must record a Rescission of Notice of Violation with the Riverside County Recorder’s Office within fourteen (14) business days of its determination that a violation or a public nuisance has been fully abated or corrected.

C. Upon recordation, the City must serve a copy of the recorded Notice of Violation or Rescission of Notice of Violation on each person having an ownership interest in the property in accordance with 8.20.040.

8.20.100 City’s right to recover nuisance abatement costs.

Whenever the City incurs abatement costs in abating a public nuisance or seeking to abate a code violation or public nuisance, the City is entitled to recover the abatement costs related to those code enforcement efforts in accordance with the procedure set forth in this Chapter. The City may commence cost recovery proceedings at any time.

8.20.110 Scope of recoverable abatement costs.

Recoverable abatement costs include all costs, fees, and expenses, incidental or otherwise, including attorney’s fees, incurred by the City in investigating and abating a public nuisance.

8.20.120 Initiation of cost recovery process.

A. To initiate the process for recovery of abatement costs, the City must serve an itemized report of abatement costs on the responsible party identifying all abatement costs and demanding payment. The report must provide notice that any unpaid amounts may become a lien and special assessment against the property unless the City receives full and timely payment. The right to appeal and appeal procedures must be specified in the report.

B. The report of abatement costs must be served in accordance with Section

8.20.040. If the code violation or public nuisance is related to real property, then the report of abatement costs must be served upon each person with a recorded interest in the subject property.

C. Timely, full payment of the abatement costs must be remitted to the City within forty-five (45) calendar days following the date of service of the report of abatement costs.

D. Any person issued a report of abatement costs has a right to appeal the report of abatement costs in accordance with the procedures set forth in Section 8.20.070 (A).

8.20.130 Report of abatement costs appeal hearing procedures.

A. Report of abatement costs appeal hearings and hearing officer determinations shall proceed in accordance with the procedures set forth in Section

8.20.070, except as otherwise provided in this Section.

Ordinance No. 1399 Page 12
B. The scope of the appeal is limited to the appropriateness of the amount of the abatement costs, and the hearing officer’s decision may confirm, discharge, or modify the amount of costs.

C. The hearing officer’s decision must be in writing, set forth the hearing officer’s findings of fact and conclusions of law, and demand payment of any confirmed abatement costs within thirty (30) calendar days following the date of service of the hearing officer’s decision. The hearing officer’s decision is the final administrative decision of the City regarding the abatement costs.

D. Any confirmed abatement costs must be tendered to the City within 30 calendar days following the date of service of the hearing officer’s decision.

8.20.140 Initiation of collection process.

Upon expiration of forty-five (45) calendar days after the report of abatement costs, or thirty (30) calendar days after the hearing officer’s decision in the event of an appeal, if the full amount of the final abatement costs has not been paid, any unpaid costs may be collected by the City in accordance with Sections 8.20.160 through 8.20.180.

8.20.150 Collection of costs as lien.

A. Pursuant to Government Code section 38773.1, abatement costs may be levied by the City as a lien against the property on which the nuisance was abated. If the abatement costs have not been paid in full within the time required by this Chapter, the City may record a lien against the nuisance property for any unpaid amount. Before recording a lien, the City must serve each person with a recorded interest in the subject property with notice of the lien. In addition, any owner of record must be served in accordance with Government Code section 38773.1.

B. The nuisance abatement lien must be recorded in the office of the County Recorder of Riverside County, California; and from the date of recording, the nuisance abatement lien will have the force, effect, and priority of a judgment lien, and will continue in effect until discharged by the City.

C. The lien must specify the City as the agency for whose benefit the lien is established, the amount of the lien, the date of any abatement order (including a Notice to Abate and/or hearing officer’s decision), the street address, legal description, and assessor’s parcel number of the parcel on which the lien is imposed, and the name and address of the recorded owner of the parcel.

D. The nuisance abatement lien may be foreclosed by an action brought by the City for a money judgment. All costs and expenses relating to the processing, recording and enforcement of the abatement lien, including recording fees, noticing costs and attorney fees may be added to the amount of the lien and will be secured thereby.

E. Upon payment or other satisfaction of the abatement lien, a notice of release of lien must be prepared and recorded by the City forthwith.

8.20.160 Collection of costs as a special assessment.

Ordinance No. 1399 Page 13
A. Pursuant to Government Code section 38773.5, abatement costs may be levied by the City as a special assessment against the property on which the nuisance was abated. If the abatement costs have not been paid in full within the time required by this Chapter, the City may levy a special assessment against the real property on which the violation occurred. The City must serve each person with a recorded interest in the subject property with notice of the imposition of the special assessment. In addition, any owner of record must be served in accordance with Government Code section 38773.5.

The notice must specify that the property may be sold after three years by the County Tax Collector for unpaid delinquent assessments.

B. The notice of special assessment is entitled to recordation with the Riverside County Recorder’s Office. A copy of the notice of special assessment must be transmitted to the County Tax Assessor and Tax Collector, whereupon the Tax Assessor and Tax Collector must add the amount of the special assessment on the next regular bill for real estate taxes levied against the property identified in the notice of special assessment. Thereafter, the special assessment will be collected at the same time and in the same manner as ordinary municipal taxes are collected, and will be subject to the same penalties and the same procedure and sale in the case of delinquency as provided by law for ordinary municipal taxes. After recordation, the special assessment may be foreclosed on as a lien in the manner and means provided by law.

8.20.170 Enforcement.

A. It is unlawful and declared a public nuisance for any person to violate any provision of this Chapter. It is unlawful and declared a public nuisance for any person to violate any hearing officer order or decision made under this Chapter.

B. Any person who violates any provision of this Chapter is guilty of a misdemeanor punishable by a fine of up to $1,000, or by imprisonment in the County jail not exceeding six months, or by both, except the City Attorney or enforcement official may prosecute a violation of this Chapter as an infraction, in his or her discretion.

C. Upon entry of a second or subsequent civil or criminal judgment within a two-year period against an owner of a property responsible for a public nuisance and subject to this Chapter, the city is authorized to request that the court order the owner to pay treble the costs of abatement, except if any such judgment relates to an abatement of conditions pursuant to California Health and Safety Code § 17980.

D. Violation of this Chapter may be punished by issuance of an administrative citation fine, as set forth in Chapter 8.81 of this Code.

E. In addition to any other remedies set forth in this Code or otherwise provided by law, the City Attorney is authorized to bring a civil or equitable action, at his or her discretion, to seek the abatement of any violation of this Chapter, to recover the City’s abatement costs, or to enforce any provision of this Chapter.

F. The prevailing party in any action, administrative proceeding, or special proceeding to abate a public nuisance, or in any appeal or other judicial action arising therefrom, shall be entitled to recover its reasonable attorneys’ fees. Recovery of

Ordinance No. 1399 Page 14
attorneys’ fees shall be limited to those actions or proceedings in which the city elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys’ fees. In no action or proceeding shall an award of attorneys’ fees to a prevailing party exceed the amount of reasonable attorneys’ fees incurred by the city in the action or proceeding. In addition to the award of attorneys’ fees pursuant to this subsection, the prevailing party in any action, administrative proceeding, or special proceeding to abate a public nuisance, or in any appeal or other judicial action arising therefrom, shall be entitled to recover its reasonable attorneys’ fees incurred in any post-judgment proceedings to collect or enforce the judgment.

G. Each and every day a violation is maintained, caused, aided, abetted, concealed, suffered, or permitted is a separate offense.

H. The regulations, remedies, procedures, and penalties provided by this Chapter are cumulative to each other and to any other available under City, State, or federal law.”
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 jurisdiction, such decision shall not affect the validity of the remaining portion of the Ordinance. The City Council declares that it would have passed each section, subsection, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause or phrase would be declared invalid, unconstitutional or unenforceable.

SECTION 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 update the public nuisance determination, appeal, abatement, and cost recovery provisions. 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. 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 ____________________ 20__.
______________________________

KATHLEEN KELLY

Ordinance No. 1399 Page 15
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 _________, 20___, and adopted at a regular meeting of the City Council held on __________, 20___, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ______________, 20___.

ANTHONY J. MEJIA

CITY CLERK

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: September 14, 2023
PREPARED BY: Michelle Nance, Deputy Clerk I
REQUEST: SECOND READING AND ADOPTION OF ORDINANCE NO. 1398 AN ORDINANCE APPROVING CHANGE OF ZONE 23-0001, TO CHANGE
THE ZONING DESIGNATION OF PARCEL 1 OF PARCEL MAP NO.
36614, LOCATED APPROXIMATELY 500 FEET FROM THE
NORTHWEST CORNER OF HIGHWAY 111 AND FRED WARING
RECOMMENDATION:

Waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. 1398.

BACKGROUND/ANALYSIS:

On August 24, 2023, the City Council introduced Ordinance No. 1398 for first reading. This report provides for the City Council to waive further reading and adopt the ordinance. The ordinance shall be effective 30 days from adoption.

FINANCIAL IMPACT:

There is no direct financial impact associated with this action.

ATTACHMENTS:

1. Ordinance No. 1398

ORDINANCE NO. 1398

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM

DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION

PURSUANT TO THE STATE OF CALIFORNIA ENVIRONMENTAL

QUALITY ACT (CEQA) AND APPROVING A CHANGE OF ZONE FROM
PC-4 TO PC-2 FOR THE PROPERTY LOCATED ON PARCEL 1 OF
PARCEL MAP NO 36614 AT 72221 HIGHWAY 111 (ASSESSOR’S
PARCEL NUMBER 640-020-054) CASE NO. CZ23-0001
WHEREAS, 72221 Highway 111 (“Applicant”), submitted a request to change the zoning designation of a 1.34-acre parcel located at 72221 Highway 111, legally described as Parcel 1 of PM 36614 from Resort Planned Commercial (PC-4) to District Planned Commercial (PC-2); and
WHEREAS, the Project site has a land use designation of Suburban Retail Center in the Palm Desert General Plan adopted on November 10, 2016, and a zoning designation of Resort Commercial Center (PC-4); and
WHEREAS, the Project site has been developed with existing improvements, which generally consist of a multi-tenant commercial building and related parking lot and landscaping; and
WHEREAS, the Project site is adequately served by existing public utilities and services; and
WHEREAS, under Section 21067 of the Public Resources Code, Section 15367 of the State California Environmental Quality Act (CEQA) Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) and the City of Palm Desert’s (“City’s”) Local CEQA Guidelines, the City is the lead agency for the Project; and
WHEREAS, under Palm Desert Municipal Code (PDMC) Chapter 25.02 establishes that the Suburban Retail Center General Plan land use designation is implemented by the District Commercial Center (PC-2) zoning designation; therefore, consistent with the 2016 Palm Desert General Plan; and
WHEREAS, the proposed Change of Zone will not render the existing improvements on the site or land uses nonconforming with any applicable Palm Desert Zoning Ordinance standards; and
WHEREAS, under Section 21067 of the Public Resources Code, Section 15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), and the City of Palm Desert’s (“City’s”) Local CEQA Guidelines, the City is the lead agency for the Project; and
WHEREAS, the Project has complied with the requirements of the "City of Palm Desert Procedure for Implementation of CEQA” Resolution No. 2019-41, in that the Director of Development Services has determined that the Project will not have a foreseeable significant impact on the environment and that the Project is eligible for an

ORDINANCE NO. 1398
2 exemption exempt Section 15061(b)(3) General Rule of the CEQA Guidelines; therefore, no further environmental review is necessary at this time; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 18
th day of July 2023, hold a duly noticed public hearing to consider the request by the Applicant for approval of the above-noted Project request and did adopt Resolution No. 2837 recommending approval to the Palm Desert City Council; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 24th day of August 2023, hold a duly noticed public hearing to consider the request by the Applicant for approval of the above-noted Project request; and WHEREAS, at the said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the City Council did find the following facts and reasons exist to justify approval of said request:

WHEREAS, all other legal prerequisites to the presentation of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA DOES ORDAIN AS FOLLOWS:

SECTION 1. Adoption of Recitals. The City Council hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Ordinance.

SECTION 2. The Change of Zone is identified in “Exhibit A”.

SECTION 3. General Plan Consistency. The City Council hereby finds that the proposed zone change to PC-2 is consistent with the City of Palm Desert General Plan.

SECTION 4. CEQA. The application has complied with the requirements of the “City of Palm Desert Procedure for Implementation of CEQA” Resolution No. 2019-41, in that the Planning Commission finds that the Project is an exemption from CEQA per Section 15061(b)(3) of the CEQA guidelines as the Project is a determination on whether a use that is not listed shall be deemed a conditional use. No direct, foreseeable impact on the environment can be identified at this time.

SECTION 5. Severability. If any section, subsection, clause or phrase of this Ordinance or any part thereof is for any reason held to be invalid, unconstitutional, or unenforceable by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of the Ordinance. The City Council declares that it would have passed each section, subsection, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause or phrase would be declared invalid, unconstitutional or unenforceable.

SECTION 6. Publication. The City Clerk of the City of Palm Desert, California, is hereby directed to publish 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

ORDINANCE NO. 1398
3 full force and effective thirty (30) days after its adoption.to the Commission shall attest and certify to the passage and adoption thereof.

ADOPTED ON ____________.

KATHLEEN KELLY
MAYOR
ATTEST:

ANTHONY J. MEJIA

CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Ordinance No. 1398 is a full, true, and correct copy, and was introduced at a regular meeting of the City Council of the City of Palm Desert on August 24, 2023, and adopted at a regular meeting of the City Council held 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

ORDINANCE NO. 1398
4

PALM DESERT HOUSING AUTHORITY

STAFF REPORT
MEETING DATE: September 14, 2023
PREPARED BY: Celina Cabrera, Management Analyst and
Ryan Gayler, Capital Projects Manager
REQUEST: APPROVE CHANGE ORDER NO. 1 TO CONTRACT HA45140 WITH JACOBSSON ENGINEERING CONSTRUCTION, INC., FOR THE
FURNISHING AND INSTALLATION OF 10 CARPORTS AT ONE QUAIL PLACE IN THE AMOUNT OF $601,000 (PROJECT CHA00003)
RECOMMENDATION:

1. Approve Change Order No. 1 to Contract HA45140 with Jacobsson Engineering Construction, Inc., for the furnishing and installation of 10 carports at One Quail Place in the amount of $601,000.

2. Authorize additional 10% contingency in the amount of $60,100 for unforeseen conditions.

3. Appropriate $661,100 to Account Number No. 8714195-4331100 from the Housing Authority’s Committed Reserve Funds.

4. Authorize the Executive Director or his designee to take any necessary actions to facilitate the agreement, to execute the Change Order and any documents necessary to effectuate the actions taken herewith.

BACKGROUND/ANALYSIS:

On April 27, 2023, the Housing Authority approved Contract No. HA45140 for One Quail Place Parking Lot Rehabilitation with Jacobsson Engineering Construction Inc., in the amount of $2,274,467.70 and an additional $454,893.54 contingency for unforeseen conditions.

After the award, RPM Company identified 10 carport structures requiring removal due to safety concerns. City Building and Safety Inspectors confirmed the risk of eminent structural integrity failure and immediate removal was required. On June 22, 2023, the Housing Authority ratified Contract No. HA45110 with Demo Unlimited for the emergent carport removals in the amount of $51,683.55.

This Change Order request is for the furnishing and installation of 10 carport structures, to replace the 10 carports that were removed in June. The contractor has provided a cost proposal in the amount of $601,000 for the work. The contractor has requested that 35 days be added to the contract to obtain the materials and construct the additional structures.

Legal Review:

This report has been reviewed by the City Attorney’s office.

City of Palm Desert
Approve Change Order No. 1 to Contract HA45140 for Carports at One Quail Place

Appointed Body Recommendation:

The Housing Commission will review this recommendation at its regular meeting on September 13, 2023. Upon request, a verbal report will be provided at the Authority’s regular meeting on September 14, 2023.

FINANCIAL IMPACT:

The approval of this change order will require an appropriation in a total amount of $661,100, $601,000 for the change order and $60,100 for contingency, from the Housing Authority’s Committed Reserve Funds to 8714195-4331100. The contract amount for Contract HA45140 will be increased from $2,274,467.70 to 2,875,467.70. Contingency amount increased from $454,893.54 to $514,993.54 for unforeseen conditions. There is no financial impact to the City’s General Fund.

ATTACHMENT:

Jacobsson Engineering Construction Inc.’s Cost Proposal (dated July 6, 2023)

PALM DESERT HOUSING AUTHORITY

STAFF REPORT
MEETING DATE: September 14, 2023
PREPARED BY: Celina Cabrera, Management Analyst
REQUEST: AUTHORIZE THE USE OF QUILL, LLC., AND NATIONAL SERVICES

COMPANY DBA WAXIE SANITARY SUPPLY FOR THE PURCHASE OF

OFFICE, JANITORIAL, AND SANITARY SUPPLIES FOR THE PALM
DESERT HOUSING AUTHORITY FOR FISCAL YEAR 2023/24
RECOMMENDATION:

1. Authorize the use of, and establish an account with, Quill, LLC, for the purchase of office supplies for the management of the Housing Authority properties pursuant to Section

3.30.160 (E) of the Palm Desert Municipal Code in an amount not to exceed $53,700 for Fiscal Year 2023/24.

2. Authorize the use of, and establish an account with, National Services Company dba Waxie Sanitary Supply for the purchase of janitorial and sanitary supplies for the Housing Authority properties pursuant to Section 3.30.160 (E) of the Palm Desert Municipal Code in an amount not to exceed $32,340 for Fiscal Year 2023/24.

BACKGROUND/ANALYSIS:

Palm Desert Housing Authority (“Authority”) purchases office supplies, janitorial, and sanitary supplies for the management of its 15 properties to include items such as paper, ink, writing material, cleaning, sanitary supplies, etc. Palm Desert Municipal Code Section 3.30.160(E) allows participation in cooperatives when a competitive bid has already been completed.

Since 2012, the Authority has secured national government cooperative pricing as members of the national cooperative Omnia Partners, Inc. (“Omnia”). Quill, LLC, and National Services Company dba Waxie Sanitary Supply are successful national contract holders and have confirmed to extend the national cooperative contract pricing and terms to the Authority. A copy of the Omnia agreement with the respective vendors is on file with the City Clerk’s Office.

Legal Review:

This report has been reviewed by the City Attorney’s office.

Appointed Body Recommendation:

The Housing Commission will review this recommendation at its regular meeting on September 13, 2023. Upon request, a verbal report will be provided at the Authority’s regular meeting on September 14, 2023.

FINANCIAL IMPACT:

Funds have been included in Housing Authority FY 2023/24 Approved Budget in the appropriate Authority accounts for each of the properties. There is no financial impact to the General Fund from this action.

ATTACHMENTS:

1. Omnia Partners Participation Letter- Quill, LLC

2. Omnia Partners Participation Letter- National Services Company dba Waxie Sanitary Supply

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: September 14, 2023
PREPARED BY: Richard D. Cannone, AICP, Development Services Director REQUEST: RATIFY A CHANGE ORDER FOR CONTRACT NO. C41770 WITH RIVERSIDE COUNTY ANIMAL SERVICES IN THE AMOUNT OF $58,725

TO COVER ADDITIONAL COSTS FOR FIELD AND ANIMAL SHELTER
SERVICES FOR FISCAL YEAR 2022/23 – BUDGET ADJUSTMENT
RECOMMENDATION:

Ratify a Change Order for Contract No. C41770 with Riverside County Animal Services in the amount of $58,725 to cover additional costs for field and animal shelter services for Fiscal Year 2022/23.

BACKGROUND/ANALYSIS:

On July 8, 2021, the City Council awarded contract C41770 with Riverside County Animal Services to provide animal sheltering services, animal control field services, dog licensing, removing dead animals from the right-of-way, and investigating reported animal incidents and complaints. This three-year contract renews automatically and funding for this contract is appropriated as part of the annual budget process. The contract was approved with an amount not to exceed $350,000 and the budget line item for FY 2022/23 was $339,826. The breakdown of expenditures include:

Item
FY 22/23
Budget
FY 22/23
Budget to
Actual Change
Operations &
Maintenance $ 3,700 $ 3,518 $ 182
Professional &
Field Services $ 253,136 $ 273,125 $ (19,989)
Field Services OT $ 23,180 $ 36,038 $ (12,858)
Sheltering
Services $ 42,060 $ 74,604 $ (32,544)
License
Processing $ 17,400 $ 21,440 $ (4,040)
Animal Traps $ 350 $ - $ 350
$ 339,826 $ 408,725 $ (68,899)
Each year the Department of Animal Services sends staff a cost estimate costs for the upcoming fiscal year. Unfortunately, this estimate was not received until after the City’s budget was approved and therefore the cost increase for Professional/Field Services (a fixed cost) was not reflected in the budget amount and represents a 100% cost recovery for Riverside County.

Sheltering costs, which are not fixed, continue to increase annually. In FY 2020/21 there were a

City of Palm Desert
Animal Services FY 23 Change Order/Budget Amendment

total of 794 kenneling days compared to 1,843 days in FY 2022/23, a 132% increase. To compound this increase, the initial rate in FY 2020/21 was $20.00 per day and the rate for FY 2022/23 graduated to the full cost reimbursement rate of $34.10 per day, a 71% rate increase.

FINANCIAL IMPACT:

The Contract was approved with an amount not to exceed $350,000; however, additional costs noted above increased the amount to $408,725, a shortfall of $58,725. These funds were available within Account No. 1104210-4304000 Police Servies and were transferred to Account No. 1104230-4309000 Animal Reg to cover the Animal Services Contract. The FY 2023/24 Approved Budget includes $360,000 for the Animal Services Contract. Staff will monitor the sheltering costs closely and determine if a midyear adjustment may be needed.

PALM DESERT HOUSING AUTHORITY

STAFF REPORT
MEETING DATE: September 14, 2023
PREPARED BY: Celina Cabrera, Management Analyst
REQUEST: HOUSING AUTHORITY - AUTHORIZE AN INCREASE TO THE NOT TO EXCEED AMOUNT FOR HD SUPPLY FACILITIES MAINTENANCE, LTD., IN THE AMOUNT OF $10,000 FOR FISCAL YEAR 2022/23
RECOMMENDATION:

Authorize an increase of $10,000 to the not to exceed amount of HD Supply Facilities Maintenance in Fiscal Year 2022/23 for an aggregate amount of $220,000.

BACKGROUND/ANALYSIS:

On May 22, 2022, the Housing Authority authorized the use of HD Supply Facilities Maintenance (“HD Supply”) for the purchase of materials and supplies pursuant to the Palm Desert Municipal Code Section 3.30.160 with a not to exceed amount of $210,000 for FY 2022/23. HD Supply is utilized by the Authority for the purchase of a variety of materials and supplies, including office supplies, janitorial/cleaning supplies, plumbing, window coverings, lighting, ceiling fans, cabinets, and countertops for the management and operation of the Authority’s 15 properties.

The budget is monitored by RPM Company.

After a recent informal audit, in late June 2023, it was discovered that HD Supply was close to meeting their allowed not to exceed amount of $210,000 due to an increase in cost of items plus the compounding increase of unit turnovers. Purchases from HD Supply were stopped; However, additional invoices were issued and the not to exceed is over-expended. An increase in not-to-exceed amount is necessary to close the invoices accrued in FY 2022/23.

Legal Review:

This report has been reviewed by the City Attorney’s office.

Appointed Body Recommendation:

The Housing Commission will review this recommendation at its regular meeting on September 13, 2023. Upon request, a verbal report will be provided at the Authority’s regular meeting on September 14, 2023.

FINANCIAL IMPACT:

The financial impact of the authorization to the request would result in an increased not to exceed amount for HD Supply Facilities Maintenance, LTD in FY 2022/23 to $220,000. Authorization does not require an appropriation and does not impact the General Fund.

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: September 14, 2023
PREPARED BY: Andrea Staehle, Human Resources Manager
REQUEST: REQUEST FOR APPROVAL OF SIDE LETTER CLARIFYING CALLBACK

PAY IN THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY

OF PALM DESERT AND THE PALM DESERT EMPLOYEE ORGANIZATION RECOMMENDATION:

1. Approve the side letter clarifying callback pay in the Memorandum of Understanding between the City of Palm Desert and the Palm Desert Employee Organization.

2. Authorize the City Manager to take actions to implement the side letter between the City of Palm Desert and Palm Desert Employee Organization.

BACKGROUND/ANALYSIS:

The City recognizes the Palm Desert Employees Organization (PDEO) as the bargaining unit for general non-exempt and exempt non-supervisory employees and enters into Memoranda of Understanding (MOU) and side letters to establish compensation, benefits, and other working conditions between the City of Palm Desert (City) and PDEO. In May 2023, the current MOU was approved by the PDEO membership and City Council for a term of July 1, 2023, to June 30, 2026.

In August 2023, the City and PDEO’s negotiations teams met to discuss the interpretation of callback compensation in the MOU. After open and honest discussions regarding callback situations, and through collective collaboration from both sides, the City and PDEO agreed upon a side letter to clarify callback compensation.

Summary of the revised callback compensation:
 The side letter establishes two callback situations: on-site and off-site compensation.  An initial two hours are compensated when employees on stand-by receive a callback.  After the initial two hours, due to the nature and disruption of on-site callbacks, on-site callbacks are paid at 2 hours per callback, and the off-site callback is paid at 30-minute intervals.

The City is requesting approval of the side letter, as well as authority for the City Manager to implement the MOU.

Legal Review:

This report has been reviewed by the City Attorney’s office.

FINANCIAL IMPACT:

The funds for the approved MOU will be budgeted within the appropriate fiscal year.

ATTACHMENT:

City of Palm Desert and PDEO Side Letter

City of Palm Desert and PDEO Side Letter #1
July 1, 2023 – June 30, 2026
1 CITY OF PALM DESERT
SIDE LETTER #1 OF AGREEMENT CLARIFYING
THE CALL BACK PAY IN THE JULY 1, 2023 – June 30, 2026 MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF PALM DESERT AND

THE PALM DESERT EMPLOYEES ORGANIZATION

1. PARTIES AND DATE.

This Side Letter of Agreement (Side Letter) is entered into this 24th day of August 2023, by and between the City of Palm Desert (City) and the Palm Desert Employees Organization (PDEO). City and PDEO are sometimes individually referred to as “Party” and collectively as “Parties” in this Side Letter.

2. RECITALS.

2.1.City and PDEO entered in a Memorandum of Understanding (MOU) effective July 1, 2023 through June 30, 2026.

2.2.Article 2.1 of the MOU memorializes the Parties’ agreement to meet and confer with respect to any subject or matter related to this MOU, further, in accordance with the Meyers-Milias-Brown Act the Parties agree to meet and confer on issues related to wages, hours and working conditions.

2.3.Article 4.2 of the MOU memorializes the Parties’ agreement regarding stand by and callback pay. In order to respond to interpretation questions regarding the new language, the Parties’ agreed to meet and confer to clarify.

2.4.After meeting and conferring in good faith, the City and the PDEO desire to modify certain terms and conditions of the MOU as set forth in this Side Letter.

2.5.This Side Letter shall be in effect following City Council Approval.

3. TERMS

3.1. In Article 4, Subsection 4.4 is added as follows:

On-Site Call Back
When a nonexempt employee is called back to return to the worksite for duty during off hours, such employee shall receive a minimum of two hours plus time worked in excess of two hours for each time the employee is called back to the worksite. Such employee shall be compensated by a payment at the rate of one

City of Palm Desert and PDEO Side Letter #1
July 1, 2023 – June 30, 2026
2 and one-half times the employee’s regular rate of pay in the workweek that callback duty incurred.

Off-Site Call Back
When a nonexempt employee is called back to resolve work-related requests without having to return to the worksite duty during off hours, such employee shall receive a minimum of 2-hours for the first call and any other calls made and received during the 2-hour time from the first call, at the rate of one and one-half (1 ½) time the employee’s base hourly rate plus time worked in excess of the 2- hours. For calls received after the 2-hour from the first call has expired the employee shall receive a minimum of thirty minutes at the rate of one and onehalf (1½) times the employee’s base hourly rate plus time worked in excess of thirty minutes for each time the employee is called back off-site to resolve a work-related request. The 2-hours and each 30 minutes off site call back could be for the same or different events.

3.2.Entire Agreement; Continuing Effect of MOU. It is understood that the specific provisions contained in this Side Letter shall be in addition to any other side letters previously approved but will supersede any previous agreements, whether oral or written, directly related to any matters expressly addressed herein.

3.3.Expiration of Side Letter. This Side Letter shall expire and become null and void on June 30, 2026, upon expiration of the MOU, at which time the terms and conditions of this Side Letter will be reviewed for applicability of extension into a successor agreement.

IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be executed on the date first hereinabove written:

PDEO Board CITY
____ __________________ ____ _________________
Date Cora Gaugush Date L. Todd Hileman
PDEO Board Member City Manager
____ __________________ ____ _________________
Date John Urkov Date Veronica Chavez
PDEO Board Member Director of Finance
____ __________________ ____ _________________
Date Alex Vasquez Date Martin Alvarez
PDEO Board Member Director of Public Works

City of Palm Desert and PDEO Side Letter #1
July 1, 2023 – June 30, 2026
3 ____ __________________ ____ _________________
Date Kevin Swartz Date Andrea Staehle
PDEO Board Member Human Resources Manager
____ __________________ ____ __________________
Date Jose Rojas Date Amber Molina
PDEO Board Member Human Resources Analyst
____ __________________
Date Isra Shah
City Attorney

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: September 14, 2023
PREPARED BY: Anthony J. Mejia, City Clerk
REQUEST: ACCEPT A RESIGNATION FROM THE CIVIC ENGAGEMENT

COMMITTEE
RECOMMENDATION:

With regret, accept the resignation of Jonathan Stutz from the Civic Engagement Committee.

BACKGROUND/ANALYSIS:

Recently, it came to staff’s attention that several appointed body members may live outside of City limits or are seasonal residents. City staff conducted a review and verified appointed members’ residency and as a result it was discovered that Anyse Smith, of the Civic Engagement Committee, and Debra Norby, of the Cultural Arts Committee, reside outside of City limits.

On August 24, 2023, the City Council accepted their voluntary resignations.

Additionally, City staff had been working with Jonathan Stutz, of the Civic Engagement Committee, to review whether he resides in Palm Desert full-time or seasonally. After discussion, Mr. Stutz voluntarily resigned from the Civic Engagement Committee due to his seasonal residency.

With the resignation of Mr. Stutz, City staff has verified all appointed members are registered voters or residents of the City. In the future, City staff will review all applications for residency status and the City Council will be informed whether any candidates reside outside of City limits.

FINANCIAL IMPACT:

There is no financial impact as a result of this action.

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: September 14, 2023
PREPARED BY: Christina Canales, Land Development Technician REQUEST: ADOPT A RESOLUTION APPROVING FINAL TRACT MAP NO. 37639

AND AGREEMENTS
RECOMMENDATION:

1. Adopt a resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM DESERT, CALIFORNIA, APPROVING THE FINAL SUBDIVISION MAP OF TRACT MAP 37639.

2. Authorize the Mayor to execute the Agreement for the Exchange of Real Property and any documents necessary to effectuate and implement the actions taken herewith.

3. Authorize the Mayor to execute a Master Agreement for Grant of Temporary Construction, Access, and Parking Easements.

4. Authorize the City Attorney to make non-substantive changes to the Agreements and City Manager to execute any changes to said Agreements.

BACKGROUND/ANALYSIS:

On January 27, 2022, the City Council approved Tentative Tract Map 37639 Amendment No. 1 for condominium purposes by Resolution No. 2022-09 including a Disposition and Development Agreement (DDA) and its amendments, requested by Desert Wave Ventures, LLC (DWV) 1555 Camino Del Mar, #315C, Del Mar, CA 92014, for the development of a surf lagoon and surf center (restaurant, bar, retail, and support facilities), up to 350-room hotel, and 88 residential villas on 17.69 acres located within Desert Willow (Project).

The Final Subdivision Map of Tract Map No. 37639 conforms to all application requirements of the Subdivision Map Act and the City’s ordinances. The Final Map has been deemed technically correct by the City Engineer, and the Conditions of Approval in Resolution No. 2022-09 have been satisfied. Grading and Subdivision Improvement agreements and associated bonds were submitted by the applicant to guarantee the completion of construction.

The Agreement for the Exchange of Real Property is between DWV and the City of Palm Desert (City). The agreement exchanges approximately 2,139 square feet of property owned by DWV with approximately 4,604 square feet of property owned by the City and provides terms of the exchange as stipulated in the agreement.

In addition, the Master Agreement for Grant of Temporary Construction, Access, and Parking Easements is between DWV and the City providing DWV temporary construction access, and parking easements during construction activities on City property.

These agreements are pursuant to, and consistent with, the amended DDA, approved for the Project.

City of Palm Desert
Adopt Resolution Approving Final Tract Map No. 37639 and Agreements

Legal Review:

This report has been reviewed by the City Attorney’s office.

FINANCIAL IMPACT:

Once the proposed public streets are completed and accepted, their long-term maintenance will be the responsibility of the City of Palm Desert as stipulated in the DDA between the City of Palm Desert and Desert Wave Ventures, LLC.

ATTACHMENTS:

1. Resolution

2. Conditions of Approval of Resolution No. 2022-09

3. Tentative Tract Map 37639

4. Final Tract Map 37639

5. Grading Agreement

6. Grading Bond

7. Subdivision Improvement Agreement

8. Subdivision Improvement Bonds

9. Master Agreement for Grant of Temporary Construction, Access, and Parking Easements

10.Agreement for the Exchange of Real Property

RESOLUTION NO. 2023-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM

DESERT, CALIFORNIA, APPROVING THE FINAL SUBDIVISION MAP OF TRACT MAP 37639
WHEREAS, Tract Map conforms to the requirements of the Subdivision Map Act and City Ordinances; and
WHEREAS, the Final Subdivision Map of Tract Map 37639 has met the Conditions of Approval for this project.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows:

SECTION 1. That the foregoing Recitals are true and correct and are incorporated herein by this reference.

SECTION 2. The Final Subdivision Map of Tract 37639 City of Palm Desert, California, is hereby approved as the official map of said tract, subject to the conditions of the Tentative Map.

SECTION 3. The Director of Development Services is directed to process the Subdivision Map for recording as stipulated in the Disposition and Development Agreement (DDA) for said project.

ADOPTED ON ________________, 2023.

KATHLEEN KELLY
MAYOR
ATTEST:

ANTHONY J. MEJIA

CITY CLERK

Resolution No. 2023-____ Page 2
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2023-__ is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on _______________________, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ______________, 2023.

ANTHONY J. MEJIA

CITY CLERK

CITY COUNCIL RESOLUTION NO. 2022-09

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM

DESERT, CALIFORNIA, APPROVING TO AMEND THE DSRT SURF

SPECIFIC PLAN, PRECISE PLAN, TENTATIVE TRACT MAP, AND AN ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORT ( EIR).

CASE NOS. SP 18- 0002/PP 18-0009/ TTM 37639 AMENDMENTS NO. 1 WHEREAS, the DSRT SURF Project (" DSRT SURF" or " Project') was approved by City Council on November 14, 2019, by Resolution No. 2019- 82, a project including a six - acre surf lagoon and surf center facilities to include a restaurant, bar, retail, up to 350 hotel rooms, and up to 88 residential villas on a 17. 69 acres site within the Desert Willow Golf Resort, including a Specific Plan ( SP 18- 0002), Precise Plan ( PP 18- 0009), Tentative Tract Map ( TTM 37639), a certification of an EIR, and a Disposition and Development Agreement DDA); and
WHEREAS, pursuant to CEQA and the State CEQA Guidelines, the City Council adopted Resolution No. 2019-83 on November 14, 2019, certifying the DSRT SURF EIR SCH No. 2019011044), Mitigated Monitoring and Reporting Program, and adopted a Statement of Overriding Consideration in evaluating potentially adverse environmental impacts; and
WHEREAS, on February 4, 2021, Desert Wave Ventures, LLC applied for amendments to the SP 18- 0002, PP 18- 0009, and TTM 37639, including an addendum to the EIR for the development of a 5. 5- acre surf lagoon and surf center facilities, 92 hotel rooms, 83 residential units, circulation, parking, and landscaping constructed on 17. 69 acres within the Desert Willow Golf Resort, and an offsite parking location in close proximity; and
WHEREAS, on December 21, 2021, the Planning Commission conducted a duly noticed public hearing and adopted Resolution No. 2802, recommending approval of the amended project to the City Council; and
WHEREAS, the City Council of the City of Palm Desert, California, did on January 27, 2022, hold a duly noticed public hearing to consider the request for approval of the amended DSRT SURF SP, PP, TTM, an addendum to the EIR, and a DDA for the above - noted project; and
WHEREAS, all of the findings, recommendations, and conclusions made by the City Council pursuant to this Resolution are based upon the oral and written evidence presented to it as a whole and not based solely on the information provided in this Resolution; and WHEREAS, prior to taking action, the City Council has heard, been presented with, reviewed, and considered all of the information and data in the administrative record, including by not limited to the findings of the addendum to the EIR, SP, PP, TTM, and DDA, all of which is incorporated herein by this reference; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
1

CITY COUNCIL RESOLUTION NO. 2022-09
WHEREAS, the City Council has not received any comments or additional ' information that constituted substantial new information requiring recirculation or additional environmental review under Public Resources Code Sections 21166 and 21092. 1 and State CEQA Guidelines section 15088. 5; and
WHEREAS, at the said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the City Council did find the following facts and reasons to exist to justify the approval of said request:

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS:

SECTION 1. Recitals. The City Council hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution.

SECTION 2. Compliance with the California Environmental Qualitv Act. State CEQA Guidelines section 15164 requires lead agencies to prepare an addendum to a previously certified EIR if some changes or additions to the Project are necessary, but none of the conditions requiring preparation of a subsequent EIR are present. The City Council has reviewed and considered the 2019 EIR and the 2021 Addendum and finds that these documents taken together contain a complete and accurate reporting of all the potential environmental impacts associated with the DSRT SURF Project. The City Council further finds that the 2021 Addendum has been completed in compliance with CEQA and the State CEQA Guidelines. The City Council further finds and determines that the Addendum reflects ' the City's independent judgment.

SECTION1. Based on the substantial evidence set forth in the record, including but not limited to the 2019 EIR and the 2021 Addendum, the City Council finds that an addendum is an appropriate document for disclosing the changes to the DSRT SURF Project and that none of the conditions identified in Public Resources Code section 21166 and State CEQA Guidelines section 15162 requiring subsequent environmental review have occurred, because: 1.

The amended DSRT SURF Project does not constitute asubstantial change that would require major revisions of the 2019 EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. 2.

There is not a substantial change with respect to the circumstances under which the DSRT SURF Project will be developed that would require major revisions ofthe 2019 EIR due to the involvement of new significant environmental effects or a substantial increase inthe severity ofthe previously identified significant effects. 3.

New information of substantial importance has not been presented that was not known and could not have been known with the exercise of reasonable diligence atthe time the 2019 EIR was certified or adopted, showing any of the following: () that the modifications would have one or more significant effects not discussed inthe ' earlier environmental documentation; (ii) that significant effects previously examined would be substantially more severe than shown in the earlier environmental documentation; (iii) that mitigation measures or alternatives 2

CITY COUNCIL RESOLUTION NO. 2022-09
previously found not to be feasible would, in fact, be feasible and would substantially reduce one or more significant effects, but the applicant declined to adopt such measures; or ( iv) that mitigation measures or alternatives considerably different from those analyzed previously would substantially reduce one or more significant effects on the environment, but which the applicant declined to adopt.

SECTION 4. The City Council readopt those mitigation measures identified in the 2019 EIR applicable to the DSRT SURF Project and as detailed specifically in the Mitigation Monitoring and Reporting Program (" MMRP") prepared for the EIR.

SECTION 6. The 2019 EIR and the 2021 Addendum, and any other documents and materials that constitute the record of proceedings upon which these findings have been based are on file and available for public review at Palm Desert City Hall, 73510 Fred Waring Drive, Palm Desert, California 92260. The custodian of these records is Norma I Alley, the City Clerk of the City.

SECTION 7. Findinas for Recommended ADoroval of Specific Plan.

1. The DSRT SURF Specific Plan, as proposed, is consistent with the goals and policies of the Palm Desert General Plan, including that the Project provides a unique resort destination and sports facility consistent with the intent of the Resort and Entertainment District. On November 14, 2019, the City Council approved DSRT SURF Specific Plan ( SP 18- 0002) by Resolution 2019- 82 governing the land uses, development standards, and design guidelines for the site and determining that the specific plan demonstrated compatibility of the applicable goals, policies, and programs contained in the General Plan. The General Plan land use designation of Resort and Entertainment District allows development for entertainment and resort destination uses, drawing visitors to the site. The amendment to the specific plan includes operational function changes and revisions to the development standards, none of which increases the density or intensity of the Project. The compatibility of the General Plan established in the original approval of the Project remains unchanged.

The DSRT SURF Specific Plan is not detrimental to the health, safety, or general welfare or will be materially injurious to the surrounding properties or improvements in the City of Palm Desert. The amendment to the DSRT SURF Specific Plan is suitable and appropriate for the location, access, and topography for development because the intent of Desert Willow is to provide resort -style development. The site has been previously mass graded and identified for future resort -style development, all infrastructure to support the Project is nearby, and improvements to infrastructure to support the Project are feasible, and access to the site has been studied and is deemed sufficient to support the Project.

3. The amendments to the DSRT SURF Specific Plan are compatible with the zoning of adjacent properties and ensures the development of desirable character is harmonious with surrounding properties because the intent of Desert Willow is to provide a resort -style development. The Project was approved with a density of 15 dwelling units per acre ( maximum 88 residential units), the amendment to the DSRT SURF Specific Plan does not change the density nor

CITY COUNCIL RESOLUTION NO. 2022- 09
the intensity of the Project. In fact, the construction of the Project will only contain ' 83 residential units, which is under the maximum allowed. In addition, the approved specific plan allows for a 350- room hotel, and the Project will construct only a 92- room hotel. The new structures incorporate compatible and integrated architecture, materials and colors, and are not visually obstructive or disharmonious with surrounding areas or harm major views from adjacent properties. The grading design would not result in any manufactured slopes or pads that create any significant adverse visual or compatibility impacts with adjacent lots, nor block any significant views. The Project is supported by adequate public facilities and transportation systems and is a compatible use, type, and intensity with the surrounding areas.

SECTION 8. Findinas for Recommended Aooroval of Tentative Mao.

1. That the density of the proposed subdivision is consistent with applicable general and specific plans.

The amendment to the Project is consistent with the goals, objectives, and policies of the Palm Desert General Plan (" General Plan"). The General Plan land use designation is Resort and Entertain District that allows development for entertainment and resort destination uses, drawing visitors to the site. General Plan Land Use Policy 4. 1 encourages unique resort complexes within the city.

The Project is a resort destination attraction of a surf lagoon with residential ownership units that complement the Project. The subdivision includes 17. 69 ' acres into five ( 5) parcels, each to accommodate its respective uses, including the surf lagoon, hotel and surf center, stack flats including the clubhouse, and villas that are consistent with the General Plan.

2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans.

The amendment to the Project and its design and improvements are consistent with the General Plan and comply with the development standards of the Specific Plan. In addition, the lots accommodate the building pads, internal and external streets, drainage, utilities, and adequate access from Desert Willow.

3. That the site is physically suitable for the type of development.

The site is physically suitable for the type of development for the Project. The Project is a resort development that is physically suitable for the site and is consistent with the intent of the specific plan and compatible with the surrounding uses, which include a golf course, amenities as well as existing resort -style residential units. The Project site is a 17. 69- acre site; the parcel is adequate to accommodate the 5. 5- acre surf lagoon, surf center and facilities, hotel, and residential units with adequate access and roadways, infrastructure, utilities, and drainage facilities. ,

4. That the site is physically suitable for the proposed density of development. rd

CITY COUNCIL RESOLUTION NO. 2022- 09
The site is physically suitable for the density allowance of 15 units per acre as specified in the DSRT SURF Specific Plan resulting in 88 residential units. The Project amendments include 83 units which are less than the maximum density and comply with the applicable development standards of the specific plan making it suitable for the site.

5. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat.

The amended design of the subdivision or the improvements contemplated for the Project are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The certified Environmental Impact Report ( EIR), SCH# 2019011044, addresses the environmental impacts associated with the Project, including those impacts that could cause substantial environmental damage. There are no known fish, wildlife habitats, or other endangered species on the subject site. No environmental impacts are identified which substantially and avoidably injure fish, wildlife, or their habitat.

6. That the design of the subdivision or type of improvements is not likely to cause serious public health problems.

The amended design of the subdivision or type of improvements for the Project are not likely to cause serious public health problems. The conditions of approval ensure all common area structures, landscaping, sidewalks, parking lot surfacing, and all other improvements within the Project must be continually maintained in good condition and repair, all dead or dying landscape material must be replaced with new landscape material, and a security construction plan must be submitted.

Compliance with these conditions will prevent the subdivision and its improvements from causing any public health problems for those that enter the development. Storm drainage, sanitary sewer, water, streets, and all utilities are available to the site and have the capacity to accommodate the Project. The subdivision has been designed so the parcels have the necessary infrastructure to adequately serve the development, and all uses as allowed by the zoning ordinances that regulate the Project.

7. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the planned subdivision.

The amended design or type of improvements will not conflict with easements acquired by the public at large for access through or use of the property within the subdivision. Public utilities for electricity, water, sewer, telecommunications, and gas service have all been assessed for availability. The access points to the Project have been reviewed and approved by the Fire Department and Public Works as part of the overall Project includes easements for roadways, drainage facilities, and utilities that will be recorded in the final map. There are no known 5

CITY COUNCIL RESOLUTION NO. 2022- 09
public easements traversing the subject site that would be adversely affected by I
the Project.

SECTION 9. Findinas for Recommended ADoroval of Desian Review ( Palm Desert Municioal Code Section 25. 68. 040.

That the proposed development conforms to any legally adopted development standards.

The DSRT SURF Specific Plan has land use allowances inclusive of a maximum of the six -acre lagoon, 35, 000 square feet surf center, 350 rooms for a hotel, 88 residential units, a clubhouse of 3, 125 square feet, and 15,000 square feet for maintenance and equipment buildings. The amendment to the DSRT SURF Specific Plan includes height maximums of 50 feet for buildings and an additional 15 feet to accommodate architectural features and related roof equipment and apparatus. The Project includes a 5. 5- acre lagoon, a 7,263-square-foot surf center ( 26 feet in height), a four- story, 92- room hotel ( 55 feet in height), 83 residential units ( ranging from 26 feet and 6 inches to 37 feet and 9 inches), 1, 494- square- foot clubhouse ( 24 feet 6 inches in height), and 4, 909 square feet of maintenance buildings ( 15 feet in height). The land uses and heights specified above are all within the allowances of the DSRT SURF Specific Plan. The building lot coverage maximum is 50 percent; the project site proposes 19. 9 percent, which is within the required allowance. The setback requirements for the ' commercial component and residential components meet the minimum setback requirements of the DSRT SURF Specific Plan. The Desert Mid -Century Modern architecture theme is continuous throughout the site with varying architectural elements and high -quality materials, including the incorporation of indoor and outdoor spaces that meets the architecture characteristics required by the DSRT SURF Specific Plan. The on -site parking, including the podium parking within the hotel and integrated garages for the residential units, provides for the 443 required parking spaces. In addition, Lot E will be improved to include approximately 288 parking spaces, which will have valet services to the Project.

The Project proposes all landscape remain as low water usage desert landscaping for the entirety of the Project, including the perimeter. The Project uses conforms to all the requirements of the DSRT SURF Specific Plan and all other applicable requirements as conditioned.

2. That the design and location of the proposed development and its relationship to neighboring existing or proposed developments and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood; and that it will not unreasonably interfere with the use and enjoyment of neighboring existing or proposed developments and that it will not create traffic hazards or congestion.

The amended Project has been designed as a destination point, including a surf lagoon, surf center avid amenities, hotel, and residential units, which are , compatible uses within a resort development. The proposed Project is located within the Desert Willow Golf Resort, which features a mix of resort development 0

CITY COUNCIL RESOLUTION NO. 2022- 09
and existing residential units, including a mixture of timeshares and multifamily units. The Project includes a DSRT SURF Specific Plan, which regulates land uses and provides development standards to ensure there is continuity of architectural style and regulation of density and heights of buildings; therefore, does not impair the desirability of investment. The Environmental Impact Report for the Project provided a Traffic Impact Analysis that reviewed the traffic impact, including circulation, traffic hazards, and congestion of the uses and operation of the site, which resulted in mitigation measures less than significant. No environmental or traffic concerns were identified that would indicate that development in this area would be unsuitable. The Project has also implemented a condition of approval for a parking management plan and improvements to an offsite parking location within proximity to the site to respond to overflow parking needs.

3. That the design and location of the proposed development are in keeping with the character of the surrounding neighborhood and is not detrimental to the harmonious, orderly, and attractive development contemplated by this title and the General Plan of the City.

The design and location of the amended Project is in keeping with the character of the surrounding neighborhood and will serve as an additional attraction to the existing resort development. The Project consists of approximately 18- acres within an undeveloped area, with connectivity to the Desert Willow Clubhouse that is adjoining the Project site. The property is designated Resort and Entertainment in the General Plan, which allows development for a range of entertainment and resort destination uses for the purpose of drawing visitors to the site, such as theme parks and sports facilities. The Project includes the high - quality architectural style, amenities, and more importantly, offers unique opportunities for residential resort lifestyle and entertainment destinations inclusive of a surf lagoon and hotel, which will attract visitors and investors to the City.

4. That the design and location of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors, and that it is aesthetically of good composition, materials, textures, and colors.

The design is a Desert Mid -Century Modern architectural theme, with sustainable building materials incorporating the natural environment and mid- century styles.

The architectural elements include horizontal and vertical planes, varying rooflines, shading elements, intuitive and organic wayfinding designs, natural materials, and blurring lines between indoor and outdoor spaces. The design utilizes high -quality finishes and materials, including natural elements that provide shade and create shadow lines, such as building projections, covered walkways, arcades, and other human -scale elements to reduce the impact of building mass and create visual interest. The Project includes wave structures at the entry point to create a sense of arrival. The enclosure of courtyards and balconies are visually permeable where appropriate and step back on upper floors is utilized to further reduce the visual impact of building mass and maximize view corridors and viewsheds of the mountain. The Project site 7

CITY COUNCIL RESOLUTION NO. 2022- 09
includes the thoughtful creation of public gathering space to encourage ' interaction between guests and residents is achieved by both passive and intentional design. Landscaping utilizes functional seating design elements throughout the site by the use of low- rise block and/or stone walls that serve to define landscaped areas while also providing casual seating throughout the property. Open lawn and sandy beach areas in proximity to the lagoon and pools to encourage guests to create gathering space, reminiscent of an authentic beach experience. More intentional components of the Project include restaurants and bars, cabanas, lounge chairs, fire pits, and recreational activity space. The combination of designed gathering throughout the site and amenities creating intentional spaces promotes a destination resort atmosphere envisioned for the Project.

5. That the proposed use conforms to all the requirements of the zone in which it is located and all other applicable requirements.

The Project uses conforms to all the requirements of the DSRT SURF Specific Plan and all other applicable requirements. The Project use considers the need for dedication and improvement of necessary streets and sidewalks, including the avoidance of traffic congestion, and is designed considering topographical and drainage conditions, including the need for dedication and improvements of necessary structures as a part thereof. The Project' s environmental assessment and reviews of City departments and outside city agencies have included appropriate mitigation measures and conditions of approval. ,

6. That the overall development of the land shall be designed to ensure the protection of public health, safety, and general welfare.

The overall development of the land is designed to ensure Project is consistent with the General Plan and as analyzed in the DSRT SURF Specific Plan. The establishment, maintenance, or operation of the Project does not appear to have any adverse effects that are detrimental or injurious to property and improvements within the Desert Willow Golf Resort or the general welfare of the City. Therefore, the overall building design and the requirements imposed ensures the protection of public health, safety, and general welfare.

SECTION 10. Proiect Recommendation. The City Council hereby recommends approval of SP 18- 0002 Amendment No. 1, PP 18- 0009 Amendment No. 1, TTM 36379 Amendment No. 1, subject to the conditions of approval.

SECTION 11. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at City Hall at 73510 Fred Waring Drive, Palm Desert, CA 92260. Norma I Alley, MMC, City Clerk, is the custodian of the record of proceedings.

SECTION 12. Execution of Resolution. The Mayor of the City of Palm Desert signs ' this Resolution, and the City Clerk shall attest and certify to the passage and adoption thereof.

CITY COUNCIL RESOLUTION NO. 2022- 09
D
n
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 27th day of January 2022, by the following vote, to wit:

AYES: JONATHAN, KELLY, NESTANDE, QUINTANILLA, and HARNIK NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:

NIAMH M. ORTEGA DEi?UTY CITY CLERK

CITY OF PALM DESERT, CALIFORNIA
JAN C. HARNIK, MAYOR
9

RESOLUTION NO. 2022- 09
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10

CITY COUNCIL RESOLUTION NO. 2022-09

CONDITIONS OF APPROVAL
CASE NOS. AMENDMENT NO. 1 TO SP 18- 0002/ PP 18- 0009/ EA 18- 0002/ TTM 37639

GENERAL
The Applicant shall comply with all terms and conditions as outlined in the amended Disposition and Development Agreement ( DDA) approved by the City Council.

2. Any references to the " Specific Plan" in the Conditions of Approval of Resolution No. 2019- 82 shall be replaced with " Amended Specific Plan," and such the amended specific plan in this resolution shall replace the previous approval.

3. Conditions of Approval approved in Resolution No. 2019- 82 by City Council on November 14, 2019, shall remain effective and enforceable unless otherwise stated in this resolution.

4. Mitigation Measures of Resolution No. 2019- 82 shall remain effective and enforceable unless otherwise stated in this resolution.

SPECIFIC PLAN

5. Applicant shall obtain permission from the Development Services Director to schedule all turf removal activities in coordination with season operations of the golf course. In addition, the Applicant is responsible for obtaining approvals from the City for soil stabilization and any required permits/ agreements associated with such activity.

6. Condition of Approval No. 12 of Resolution No. 2019- 82 shall be revised to state: All parcels shall develop in a manner consistent with the development standards contained in the amended Specific Plan. All other development standards not addressed in the Specific Plan shall comply with the Palm Desert Municipal Code (PDMC).

Condition of Approval No. 19 of Resolution No. 2019- 82 shall be revised to state:

Special events, which exceed 1, 500. spectators, shall not exceed a maximum site capacity of 5, 000 spectators.

8. The Applicant shall complete all improvements for Lot E ( off -site parking), which includes approximately 288 parking spaces, and shall finalize a Parking Management Plan identifying all traffic control and off -site parking strategies with the Director of Development Services prior to the Certificate of Occupancy of the hotel building. rI WOWXtPT-4I7_H3III Prl-1;j The
Applicant shall record all easements related to Final Map, including but not limited to reciprocal access easements, shared parking agreements, and maintenance agreements for all common areas prior to the approval ofthe Final Map. 10.

The Applicant or successor in interest shall submit Covenants, Conditions, and. Restrictions ( CC&Rs) in a form acceptable tothe City Attorney, for the proposed subdivision prior tothe recordation ofthe Final Map. 11

CITY COUNCIL RESOLUTION NO. 2022- 09

11. The Applicant shall include the following: street names, Subdivision Improvement ' Agreement, and improvement bonds prior to the approval of the Final Map.

12. The Applicant shall form a property owners association for the maintenance of the following: 1) all interior and common areas, including landscaping; and 2) maintenance of all frontage landscaping.

PRECISE PLAN

13. Condition of Approval No. 13 of Resolution No. 2019-82 shall be revised to state: All development within the amended Specific Plan shall conform to the architectural renderings provided in the amended Specific Plan and Precise Plan 21- 0002 approvals.

Building design deviations are permitted as described in the amended Specific Plan, which shall conform to the architectural guidelines and colors and materials specified in the amended Specific Plan.

14. Condition of Approval No. 14 of Resolution No. 2019- 82 shall be revised to state: The development of the property and all buildings pads within the Specific Plan boundaries shall conform substantially with exhibits approved by the Architectural Review Commission and its conditions set forth by minute motion on April 27, 2021, held on file with the Department of Development Services, and as modified by the conditions herein.

15. Condition of Approval No. 47 of Resolution No. 2019-82 is no longer valid since the ' Project does not include a gated entry unless the gates are for emergency access. If a future gate is installed for the Project, the applicant shall secure secondary access onto Willow Ridge Drive via a gate with Knox locks.

16. The Applicant shall comply with the conditions in the Notice of Action as specified in the Architectural Review Commission meeting of April 27, 2021.

END OF CONDITIONS OF APPROVAL
12

CITY COUNCIL RESOLUTION NO. 2022- 09
Impact Heading
Aesthetics
Air Quality
Level of Impact After
Mitigation
EXHIBIT " AV,
MITIGATION MONITORING $ REPORTING PROGRAM
DSRT SURF Specific Plan
EIR/ SCH No. 2019011044
Mitigation Measure
Responsible
Party/ Monitoring Party Implementation Stage
AES- 1: In order to assure that lighting levels at the Lagoon Villas do not City Building exceed City standards, architectural plans for the villas will be accompanied Department, Project Prior to issuance of
Less Than Significant
by a lighting plan that demonstrates that the interior lighting level at the building permits. windows located facing the lagoon does not exceed 1. 0 footcandle.

Contractor
AQ- 1: Electric Vehicle Chareine Stations City Planning Significant and At least 6% of all vehicle parking spaces shall include EV charging stations Department, Project Prior to issuance of
Unavoidable and 8% of all vehicle parking spaces shall include designated parking for Contractor building permits.
clean air vehicles.

AQ- 2: DeliveryVehicle Idline Time Delivery
vehicle idling time shall be limited to no more than five minutes. For any delivery that is expected to take longer than five minutes, the vehicles Prior to lease agreement Significant and operator shall be required toshut off the engine. The Project proponent shall Project Proponent andbusiness Unavoidable notify vendors of these idling requirements at the time the delivery purchase operation order is issued and again when vehicles enter thefacility. Signs shall be posted at entry to the facilitys delivery area stating that idling longer than five minutes is not permitted. AQ-3:

Emolovee Commute Any employer
than employs 250 ormore employees atawork site, on a full Prior to lease agreement Significant and or parttime basis, shall implement an Employee Commute Reduction Project Proponent and or business Unavoidable Program ( ECRP) under SCAQMD Rule 2202, On -Road Motor Vehicle operation Mitigation Option.

Significant and
AQ-4:

Pavine and Roofine Materials City Planning Prior to issuance of Light-colored paving and roofing materials shall be utilized onsite, to the Department, Project building permits. extent Unavoidable greatest
practical. Contractor Significant and
AQ-5:

Energy Star City Building prior to issuance of Energy Star heating, cooling, and lighting devices, and appliances shall be Department, Project building permits. onsite Unavoidable installed
to the greatest extent practical. Contractor Significant and AQ-6:

Sweepers Electric or
alternatively fueled sweepers with HEPA filters shall be used Project Proponent On -going project Unavoidable onsite
to
the greatest extent practical. maintenance Significant
and
AQ-7:

Lawn Maintenance On -going project Electric lawn
mowers and leaf blowers shall be used onsite to the greatest Project Proponent maintenance Unavoidable extent practical.
13

CITY COUNCIL RESOLUTION NO. 2022- 09

MITIGATION MONITORING & REPORTING PROGRAM
DSRT SURF Specific Plan
EIR/ SCH No. 2019011044
Impact Heading
Level of Impact After
Mitigation
Mitigation Measure
Responsible
pa rty/ Monitoring Party Implementation Stage
Significant gand
Unavoidae bl AQ8: Cleanine Products Water -
based or low VOC cleaning products shall be used to the greatest Project Proponent On - going project extent practical. maintenance
AQ9: Dust Control Plan: SCAOMD Rule 403.1 SCAOMD Rule 403 (403. 1specific tothe Coachella Valley): A dust control Plan shall be prepared and implemented byall contractors during all construction activities, Including ground disturbance, grubbing, grading, and materials import and export. Said plan shall include but not be limited to the following best management practices: Treated
and stabilized soil where activity will cease for at least four consecutive days; All
construction grading operations and earth moving operations shall cease when winds exceed 25 miles per hour; Approved
dust control Water
site and equipment morning and evening and during all plans prior tosite Significant and earth - moving operations; City Public Works disturbance.

Adherence Unavoidable
Operate
street -sweepers on paved roads adjacent tosite; Department, Project Contractor
to the confirmed plans during
all project plan Establish
and strictly enforce limits of grading for each phase of reviews. development; Wash
off trucks as they leave the project site to control fugitive dust emissions Cover
all transported loads of soils, wet materials prior to transport, provide freeboard (space from the top of the material to the top of the truck) to reduce PM, and deposition of particulate matter during transportation Use
track -out reduction measures such as gravel pads at project access points to minimize dust and mud deposits on roads affected by construction traffic. AQ10: Off - Road Emission Standards It shall be required that all off -road diesel -powered construction equipment Significant and meets or exceeds the California Air Resources Board (GARB) and U.S. City Engineer, Project Prior to issuance of Unavoidable Environmental Protection Agency (USEPA) Tier 4 off - road emissions Contractor grading plans standards for equipment rated at 50 horsepower or greater during Project construction. 14

CITY COUNCIL RESOLUTION NO. 2022-09

MITIGATION MONITORING & REPORTING PROGRAM
DSRT SURF Specific Plan
EIR/ SCH No. 2019011044
Impact Heading
Level of Impact After
Mitigation
Mitigation Measure
Responsible
Party/ Monitoring Party Implementation Stage
BIO- 1: Pavment of CVMSHCP Fees
The Project proponent shall be required to pay the CVMSHCP local City Building Less Than Significant development mitigation fee to mitigate for impacts to covered species and Department, Project Prior to construction. natural communities within the Project site. Contractor BIO- 2: MBTA Compliance
For any grading or other site disturbance or tree or vegetation removal occurring during the nesting season between February 1st and August 31st, a qualified biologist shall conduct at least one nesting bird survey, and more if In the event ground deemed necessary by the consulting biologist, immediately prior to initiation City Planning disturbance occurs Less Than Significant of project -related ground disturbing activities. If nesting birds are present, no Department, Project during the referenced work shall be permitted near the nest until the young birds have fledged. Biologist time frame, prior to Biological While there is no established protocol for nest avoidance, when consulted, ground disturbance.

Resources the CDFW generally recommends avoidance buffers of about 500 feet for birds -of -prey, and 100— 300 feet for songbirds.

BIO- 3: Burrowine Owl Survevs
A qualified biologist shall conduct two ( 2) take avoidance pre -construction burrowing owl surveys onsite. The first shall occur between 14 and 30 days In the event ground prior to ground disturbance, and the second shall occur within 24 hours of City Planning disturbance occurs Less Than Significant ground disturbance. If burrowing owls are detected, the project proponent Department, Project during the referenced shall consult with CDFW to determine what course of action is needed, such Biologist time frame, prior to as the use of exclusion devices ( if applicable) to discourage owls from using ground disturbance. burrows that are believed to be in jeopardy of being Impacted by implementation of the project.

CUL- 1: Worker Education Proeram
Prior to commencing any phase of Project ground disturbance, all personnel working onsite shall be required to complete a worker education program City Planning Prior to any site Cultural and Tribal
Less Than Significant performed by a qualified archaeologist that describes potential Department, Project disturbance. During all Resources
archaeological artifacts, human remains, and other cultural materials that Archaeologist phases of construction. could be unearthed during the Project development process, and the procedures required in the event such a discovery is made. 15

CITY COUNCIL RESOLUTION NO. 2022- 09

MITIGATION MONITORING & REPORTING PROGRAM
DSRT SURF Specific Plan
EIRI SCH No. 2019011044
Impact Heading
Level of Impact After
Mitigation
Mitigation Measure
Responsible
Implementation Stage
Party/ Monitoring Party
CUL- 2: Monitoring
If buried cultural materials are encountered inadvertently during any earth - moving operations associated with the Project, all work within 50 feet of the discovery should be halted or diverted until a qualified archaeologist can evaluate the nature and significance of the finds. The archaeologist shall prepare a findings report summarizing the methods and results of the investigation, including an itemized inventory and detailed analysis of Less Than Significant recovered artifacts upon completion of field and laboratory work. The report Project Contractor, During all phases of shall include an interpretation of the cultural activities represented by the Project Archaeologist ground disturbance. artifacts and discussion of their significance. The submittal of the report to the City and Tribal representative, as appropriate, along with final disposition of the recovered artifacts in a manner consistent with determination of the lead agency, Project archaeologist, and consulting tribes, will signify the completion of the monitoring program and, barring unexpected findings of significance, the mitigation of potential project impacts on cultural and tribal resources.

CUL- 3: Human Remains
Should buried human remains be discovered during grading or other construction activities, in accordance with State law, the County coroner Project Contractor, City During all phases of Less Than Significant shall be contacted. If the remains are determined to be of Native American planning Department ground disturbance. heritage, the Native American Heritage Commission and the appropriate local Native American Tribe shall be contacted to determine the Most Likely Descendant ( MLD).

GEO- 1: Site Clearing
Less Than Significant Prior to commencement of remedial grading within the site, all existing Project Contractor Prior to grading. vegetation, associated root systems, and debris should be cleared. Areas planned to receive fill should be cleared of old fill and any Irreducible matter GEO- 2: At Grade Structure Areas Reouirements
Geology and Soils All undocumented artificial fill and low -density native surface soil should be removed and re -compacted for the at -grade structures ( e.g., spa building and cabanas). Over -excavation should extend to a minimum depth of 3 feet Less Than Significant below existing grade or 3 feet below the bottom of the footings, whichever is Project Contractor, During grading. deeper. The exposed native soil should be moisture conditioned to within 2 Project Geologist g
percent of optimum moisture content and compacted to at least 90 percent relative compaction. Removals should extend at least 5 feet laterally beyond the footing limits.
16

CITY COUNCIL RESOLUTION NO. 2022-09

MITIGATION MONITORING & REPORTING PROGRAM
DSRT SURF Specific Plan
EIR/ SCH No. 2019011044
Impact Heading
Level of Impact After
Mitigation
Mitigation Measure
Responsible
Party/ Monitoring Parry Implementation Stage
GEO- 3: Fill Placement and Compaction
Engineered fill should be free of organic material, debris, and other deleterious substances, and should not contain irreducible matter greater than 3- inches in maximum dimensions. The imported fill should meet the Less Than Significant
following criteria: Project Contractor,
During grading.

Project Geologist
Plastic Index I < 12
Liquid Limit 1I < 35
Soil Passing# 200 Sieve Between 15%- 35%
Maximum Aggregate Size I 3 inches
Less Than Significant
GEO- 4: Shrinkaee and Subsidence Project Contractor,
During grading.

Volumetric shrinkage of the material should be between 10 and 15 percent. Project Geologist GEC- 5: Temoorary Excavation
Less Than Significant Temporary excavation up to 20 feet in depth may be required to accomplish Project Contractor, During grading. the proposed construction. Excavations to depth of 20 feet should have Project Geologist slope cuts no steeper than horizontal to one vertical ( 1: 1).

GEC- 6: Conventional Shallow Spread Footings
Project Contractor,
Less Than Significant
Adequate Adequate support for the proposed resort buildings and surf lagoon enclosed Project Geologist, During slab will be provided through Conventional Shallow Spread Footings.

Project Engineer
construction.

GEC- 7: Slabs -on -Grade
Concrete slabs -on -grade must be placed on compacted engineered fill to Project Contractor, During slab
Less Than Significant provide uniform support. Sladden Engineering has recommended a minimum Project Geologist, slab thickness of 4-inches and a minimum reinforcement consisting of #3 Project Engineer construction.
bars at 18- inches on center in each direction shall be required.

GEO- 8: Structure Mat Slabs
Project Contractor,
Less Than Significant
Structure Mat Slabs: Structure Mat Slabs shall be required for the below Project Geologist,
During slab
grade structures associated with the wave generating equipment which Project Engineer construction.
would meet an allowable soil bearing pressure of 3, 000 psf. 17

CITY COUNCIL RESOLUTION NO. 2022-09
Impact Heading

MITIGATION MONITORING & REPORTING PROGRAM
DSRT SURF Specific Plan
EIR/ SCH No. 2019011044
Level of Impact After
Mitigation Measure
Mitigation
Responsible
implementation Stage
Party/ Monitoring Party
GEC- 9: Retaining Walls:

Less Than Significant Subterranean parking levels and the surf lagoon would require retaining Project Contractor,
During Construction
walls. Ground surface behind retaining walls shall be sloped to drain.

Project Engineer
GEO- 10: Asphalt Concrete Pavement: This shall be designed in accordance with Topic 608 of the Caltrans Highway Design Manual to meet the following thickness for the site:

Less Than Significant
Pavement Required Thickness
Project Contractor,
Project Engineer During construction.

Asphalt Concrete Surface Course 3inches
Class II Aggregate Base Course 4 inches
Compacted Subgrade Soil 12 inches
GEO- 11: Corrosion Series: Prior to ground disturbing activities, a corrosion project Contractor, Prior to ground Less Than Significant expert shall be consulted regarding appropriate corrosion protection measures for corrosion sensitive Installation.

Project Geologist disturbance.

Less Than Signifiwnt GEO- 12: Utility Trench Backfill: All utility trench backfill shall be compacted Project Contractor, During construction. to a minimum relative compaction of 90%. Project Geologist GEO- 13: Exterior Concrete Flatwork: The subgrade soil below concrete Project Contractor, Less Than Significant flatwork areas shall first be compacted to minimum relative compaction of Project Geologist, During construction. 90 percent to minimize cracking of concrete flatworks. Project Engineer GEO- 14: Drainage: To provide rapid removal of surface water runoff to an adequate discharge point, all final grades shall be provided with positive Project Contractor, Less Than Significant gradients away from foundations. In addition, surface water shall be directed Project Geologist, During construction. away from building foundations to an adequate discharge point to reduce Project Engineer water infiltration Into the subgrade soil.

GEO- 15: If buried paleontological materials are discovered inadvertently Less Than Significant during any earth - moving operations associated with the project, all work within 50 feet of the discovery shall be halted or diverted until a qualified paleontologist can evaluate the nature and significance of the flnds. 18 Project Contractor,
Project Archaeologist During grading.

CITY COUNCIL RESOLUTION NO. 2022-09

MITIGATION MONITORING & REPORTING PROGRAM
DSRT SURF Specific Plan
EIR/ SCH No. 2019011044
Impact Heading
Level of Impact After
Mitigation
Mitigation Measure
Responsible
Party/ Monitoring Party
GEO- 16: All project grading plans shall include a soil erosion prevention/ dust control plan. Blowing dust and sand during excavation and grading operations shall be mitigated by adequate watering of soils prior to and during excavation and grading, and limiting the area of dry, exposed and Project Engineer, City Less Than Significant disturbed materials and soils during these activities. To mitigate againstthe Public Works effects of wind erosion after site development, a variety of measures shall be Department implemented, including maintaining moist surface soils, planting stabilizing vegetation, establishing windbreaks with non- invasive vegetation or perimeter block walls, and using chemical soil stabilizers.

GEO- 17: There shall be a cessation of grading activities during rainstorms or Less Than Significant high wind events. The project contractor shall install flow barriers and soil Project Contractor catchments ( such as straw bales, silt fences, and temporary detention basins) during construction to control soil erosion.

GEO- 18: All materials transported off -site shall be either sufficiently Less Than Significant watered or securely covered to prevent excessive amounts of spillage or Project Contractor dust.

GEO- 19: Prior to ground disturbing activities, all employees at the Less Than Significant construction site shall be trained in earthquake preparedness and identify Project Contractor safe places near the construction site to facilitate emergency evacuation.

GHG- 1: The Project shall implement the policies of the Palm Desert Environmental Sustainability Plan applicable to its development. The Project shall adhere to the following principals, goals, and actions:

Adherence to California Building Code, Title 24;
Assess potential for light- colored surfaces and shading to reduce urban heat island effect;
Incorporate solar power;
Greenhouse Gas Significant and Use water efficient technologies to reduce water waste; Project Architect, City Emissions Unavoidable Require mandatory waste diversion of 100% inert and 75% Building Department other debris from residential, commercial, and construction debris;
Promote programs that replace turf with native low water - use plants, trees, ground cover and " hard- scapes," including the redesign of golf courses to reduce the amount of irrigation required;
Use " desert style landscaping" and require " time -of -use" irrigating to reduce evaporation.

Implementation Stage
Approved dust control
plans prior to site
disturbance. Adherence
to the confirmed plans
during construction.

During grading.

During grading and
hauling operations.

Prior to ground
disturbing activities
Approved building plans
and landscaping plans
prior to site disturbance.
19

CITY COUNCIL RESOLUTION NO. 2022-09
Impact Heading
Level of Impact After
Mitigation
Less Than Significant

MITIGATION MONITORING & REPORTING PROGRAM
DSRT SURF Specific Plan
EIR/ SCH No. 2019011044
Mitigation Measure
Responsible
Party/ Monitoring Party
HYD- 1: BMPs, as described in the Project - specific W4MP, shall be City Engineer, Protect implemented to ensure that water quality impacts resulting from the Project meet the Crt/ s NPDFS standards.

Contractor
Implementation Stage
Approved plans prior to
site disturbance.

Implementation during
all construction
activities.

HYD- 2: Exposed soil from excavated areas, stockpiles, and other areas where Less Than Significant ground cover is removed shall be stabilized by wetting or other approved Project Contractor I During all stockpiling
Hydrology and
means to avoid or minimize the Inadvertent transport by wind or water. activities.

Water quality
Less Than Significant
HYD- 3: The Project shall be subject to NPDES Construction General Permit City Engineer, Project I During construction
requirements. Engineer activities.

City Planni n
Pri issuance of
HYD-0: The Turf Reduction Program shall be completed prior [ o the issuance ceor rtificatesto of Less Than Significant of certificates of occupancy for the surf center.

Department,
g
Project
occupancy for surf I
Contractor
center.

Less Than Significant PS- 1: All components of the Project shall be required to employ on- Project Proponent, I Prior
c
issuance of
certificates of
site private security. Lease holder
occupancy.

PS- 2: Per the City' s Municipal Code Sections 5.87. 180 and 5.100.020, at least two weeks prior to a special event at the lagoon area, the applicant shall file City Planning Less than Significant a " Special Event Temporary Entertainment Permit" Event notifications and Department, Project Two weeks prior to a specifics shall be approved in advance with the RCSD and Fire Marshall prior Proponent, Lease special event. to scheduled events. holder, RCSD, Cal Fire
Public Services PS- 3: Project facilities shall be designed and maintained to maximize public safety, Including providing secure facilities access and parking, adequate nighttime fighting, maximization of defensible space and minimization of Less than Significant dead zones," and professional security personnel. The Project proponent project Proponent, Prior to approval of
shall coordinate with the Police Department to assure the Project is designed RCSD building plans. to address these and other safety concerns.

PS- 4: During construction, excavation areas, construction staging, and Less than Sig nificant storage areas shall be fenced and locked. All equipment shall be returned to Project Contractor During all phases of staging and storage areas at the end of each workday. construction. 20

CITY COUNCIL RESOLUTION NO. 2022-09
Impact Heading
Transportation

MITIGATION MONITORING & REPORTING PROGRAM
DSRT SURF Specific Plan
EIR/ SCH No. 2019011044
Level of Impact After
MitigationMe
Responsible
Party/ Monitoring Party Implementation Stage
TRANSP- 1: The Project proponent shall pay its fair share of the costs of installing a traffic signal at the Intersection of Cook Street and Market Place City Public Works Drive. The fair share amount shall be 12. 1%, as defined in Table 1- 5 of the Less Than Significant Department, Project
Prior to occupancy of
Desert Wave Traffic Impact Analysis, City of Palm Desert," prepared by Proponent first building.

Urban Crossroads, March 4, 2019. Signal timingshall be coordinated with the trafficsignal at the intersection of Cook Street and Country Club Drive.

TRANSP- 2: The Project shall extend the eastbound left turn lane on Market City Public WorksDepartment, Prior occupancy of Less Than Significant
Place Drive at Cook Street to provide a minimum of 165 feet of storage.

Project
ui first building.

Proponent
TRANSP- 3: Onsite traffic signing and striping shall be implemented in City Public Works
Less Than Significant
conjunction with detailed construction plans for the Project site.

Department, Project
Proponent
TRANSP- 4: Sight distance at each Project access point shall be reviewed with City Public Works Less Than Significant
respect to Caltrans and City of Palm Desert sight distance standards at the Department, Project time of preparation of final grading, landscape, and street improvement plans.

Proponent
TRANSP- 5: The Project proponent shall coordinate with City staff to prepare, refine, and approve a Special Event Traffic Management Plan that facilitates the safe and efficient movement of special event traffic, shuttles, and pedestrians. A master management plan shall be prepared that details all potential measures required for a special event, which shall be Less Than Significant supplemented with individual plans addressing specific special events based on their size and duration. The Special Event Traffic Management Plan shall be submitted to the City prior to certificate of occupancy for the Surf Center.

Individual management plans for specific special events shall be submitted at least 30 days prior to the start of the event. The Special Event Traffic Management Plan shall include the measures identified in Mitigation Measures TRANSP- 6 through 14, below.

City Public Works
Department, Project
Proponent, Lease
holder
Prior to occupancy of
first building.

Priorto issuance of
building permits.

Prior to issuance of
certificates of
occupancy for surf
center.
21

CITY COUNCIL RESOLUTION NO. 2022- 09

MITIGATION MONITORING & REPORTING PROGRAM
DSRT SURF Specific Plan
EIRI SCH No. 2019011044
Level of Impact After
Impact Heading Mitigation Measure
Res ponsible
Implementation Stage C
Mitigation Party/ Monitoring Party Zn
TRANSP- 6: Shuttle service shall be provided to transport spectators between r the Project site and overflow parking lot via Desert Willow Drive, and for any W other off -site parking location required to accommodate the parking requirements for each special event. The calculation for number of parking City Planning y
Less Than Significant spaces required shall be based on the number of planned attendees, divided Department, Project At least two weeks prior 0 by 2.4, and multiplied by 0.70 ( 70%) ( as described in Section 1. 10 of the Proponent, RCSD to special event.

Desert Wave Traffic Impact Analysis, City of Palm Desert," prepared by Urban Crossroads, March 4, 2019). Shuttle routes and stops shall be O identified in the Special Event Traffic Management Plan.

Z
Z
TRANSP- 7: In developing the Special Event Traffic Management Plan, the 0 Less than Significant Project proponent shall Include the use of portable changeable message City, Project Proponent, Prior to issuance of certificates of
N
signs ( CMS) along Country Club Drive and Cook Street to facilitate event Lease holder IV traffic to and from on -site and off -site parking. occupancy N 6 TRANSP- R: In developing the Special Event Traffic Management Plan, the t0
Project proponent shall include the use of law enforcement personnel and/ or special event flaggers to direct traffic at the following locations: 1) City Planning Less than Significant Desert Willow Drive & Country Club Drive, 2) Cook Street & Market Place Department, Project At least two weeks prior Drive, 3) Desert Willow Drive & Market Place Drive, and 4) Desert Willow Proponent, Lease to special event.

Drive & Project entrance. Any plans involving law enforcement personnel holder, RCSD shall be coordinated with the Palm Desert Police Department.

TRANSP- 9: In developing the Special Event Traffic Management Plan, the Project proponent and City shall include the use of public service City Planning Less than Significant announcements ( PSA) to provide information to event guests prior to the Department, Project At least two weeks prior event. Examples include, but are not limited to, online event information Proponent, Lease to special event. i. e., suggested routes, parking, etc.), changeable message signs ( CMS) prior holder. to the event, and brochures.

TRANSP- 10: The City shall provide trafficsignal timing adjustments based on Less than Significant g
the expected peak arrival and departure periods of the special event at the City Public Prior to special event following locations: l) Desert Willow Drive & Country Club Drive, 2) Cook Works/ Engineer Street & Market Place Drive, and 3) Cook Street & Country Club Drive.

TRANSP- 11: In developing the Special Event Traffic Management Plan, the City Planning Less than Significant Project proponent shall include the designation of convenient and accessible Department, Project At least two weeks prior drop-off and pick- up areas to promote ridesharing and reduce parking Proponent, Lease to special event. demands. The Plan may also include short-term parking with time holder 22

CITY COUNCIL RESOLUTION NO. 2022-09

MITIGATION MONITORING & REPORTING PROGRAM
DSRT SURF Specific Plan
EIR! SCH No. 2019011044
Impact Heading
Level of impact After
Mitigation
Mitigation Measure
Responsible
Party/ Monitoring Party implementation Stage
restrictions of SD- 15 minutes for staging areas for ridesharing vehicles.

TRANSP- 12: In developing the Special Event Traffic Management Plan, the Project proponent shall include providing off -site parking facilities for City Planning employees to increase available on -site parking for guests. Employee parking Department, Project At least two weeks prior Less than Significant
sites shall be served by shuttles that transport employees to and from the Proponent, Lease to special event.

Project site. holder, RCSD
TRANSP- 13: In developing the Special Event Traffic Management Plan, the City Planning
Department, Project At least two weeks prior
Less than Significant Project Proponent shall include implementing valet parking to increase Proponent, Lease to special event. available on -site parking capacity. holder, RCSD
TRANSP- 14: The Project proponent shall demonstrate availability of City Planning additional parking spaces at Desert Springs Marketplace, the Indian Wells Department, Project At least two weeks prior Less than Significant Tennis Garden or other location( s) prior to each special event. Shuttle service Proponent, Lease to special event. to/ from the Project site shall be provided to serve all off -site parking holder, RCSD locations.

TRANSP- 15: Prior to site disturbance, construction staging plans shall be approved bythe Public Works, Fire, and Police Departments to assure they City Public Works,
Less than Significant
adequately consider and account far temporary detours, changing access to Project proProPrior Contractor, to site disturbance. business and residential areas, and emergency access, and that they cause Cal Project Fire RCSO, minimal
disruption toadjoining streets and land uses, during all phases of development.

TRANSP16: The Construction Manager shall be required toidentify and promptly repair any Project - related damage to existing public roads upon completion of each phase of Project development. The Construction Project Contractor, City During all phases of Less than 5ignifcant Manager shall monitor the condition of these routes throughout the Public Works construction construction
process and, in the event of an accidental load spill or other Department Project - related incident, shall arrange for the immediate clean-up of any material with street sweepers or other necessary procedures. TRANSP17: The final location and design of the site access points and internal circulation improvements shall comply with City of Palm Desert City Engineer, RCSD, Cal Prior toissuance of Less than Significant access
and design standards and be reviewed by the City Engineer and Fire Fire building permits. and Police Departments. i
i
N
CDNNto
t0
23

CITY COUNCIL RESOLUTION NO. 2022-09
Impact Heading

MITIGATION MONITORING & REPORTING PROGRAM
OSRT SURF Specific Plan
EIR/ SCH No. 2019011044
Level of Impact After
Miti a Lion
Mitigation Measure
Responsible
Party/ Monitoring Party Implementation Stage
TRANSP- 18: Parking adjacent to the surf lagoon, surf center, hotel, villas, and Project Engineer, RCSD, Cal
Prior to issuance of
Less than Significant other buildings shall be prohibited, where necessary, to provide certificates of unobstructed access by emergencyservice vehicles and first responders.

Fire
occupancy.

TRANSP- 19: The Police and Fire Departments shall be provided with a Knox Project Proponent, Prior to issuance of Less than Significant Box or other master key or access code that enables immediate entry to the Lease Holder, RCSD, Cal certificates of Project' s secured emergency access gate on Willow Ridge. Fire occupancy.

Less than Significant TRANSP- 20: The Project proponent shall participate in the NAG' s TUMF Project Proponent, City I Prior to issuance of
program by paying the requisite TUMF fees. Building Department grading permit. 24 i

1 RECORDING REQUESTED BY AND
AFTER RECORDATION MAIL TO:

City of Palm Desert
Office of the City Clerk
73510 Fred Waring Drive
Palm Desert, California 92260
This document is exempt from the payment of a recording fee pursuant to Government Code §§ 6103, 27383
(Space Above This Line for Recorder’s Use Only)

MASTER AGREEMENT FOR GRANT OF TEMPORARY

CONSTRUCTION, ACCESS, AND PARKING EASEMENTS
This Master Agreement for Grant of Temporary Construction, Access, and Parking Easements for the Desert Surf Lagoon, Surf Center, and Residential Units Project (this “Agreement”) is made on ___________, 2023 (“Effective Date”) by and between the City of Palm Desert, a California charter city and municipal corporation (“Grantor”) and Desert Wave Ventures, LLC, a Delaware limited liability company (“Grantee”).

A. Grantor is the owner of certain real property identified as APNs ____________ and ______________ located in the City of Palm Desert, County of Riverside, State of California, and more particularly described in Exhibit A, attached hereto and incorporated herein by this reference, and depicted on Exhibit A-1, attached hereto and incorporated herein by this reference (collectively, “Grantor’s Property”). Grantor’s Property is from time to time referred to herein as the “Servient Tenement.”
B. Grantee is the owner of certain real property identified as APNs 620-400-008, 620-420-024, and 620-420-023 located in the City of Palm Desert, County of Riverside, State of California, and more particularly described in Exhibit B, attached hereto and incorporated herein by this reference, and depicted on Exhibit B-1, attached hereto and incorporated herein by this reference (collectively, “Grantee’s Property”). Grantee’s Property is from time to time referred to herein as the “Dominant Tenement.”
C. Grantee is the Developer of Grantee’s Property under that certain First Amendment to Second Revised and Restated Disposition and Development Agreement, dated May 25, 2023 (the “DDA”), pursuant to which Developer will construct in a first phase an approximately 5.5-acre Surf Lagoon; an approximately 6,200 square foot Surf Center, inclusive of a food and beverage component, 356 on-site parking spaces, and 57 residential lots with all utilities stubbed to the site; and in the second phase the Developer will construct 57 private residential units and associated amenities (collectively, the “Project”).

2 D. In order to construct the Project, Grantee requires temporary access, parking, and construction easements across and on Grantor’s Property.

E. Grantor has agreed to grant to Grantee temporary access, parking, and construction easements across and on the Servient Tenement upon the terms and conditions set forth in this Agreement.

AGREEMENT
NOW, THEREFORE, in consideration of the above Recitals, the mutual promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor grants the temporary Access Easement, temporary Parking Easement, and temporary Construction Easement, as hereinafter defined (collectively, the “Easements”) to Grantee under the following terms and conditions:

Section 1. Grant of Easements. Grantor hereby grants to Grantee the following temporary easements subject to all matters and encumbrances of record affecting the Servient Tenement on the terms and conditions set forth in this Agreement.

1.1 Access Easement. A temporary access easement upon, over, within and across a portion of the Servient Tenement, as described and depicted on Exhibit C, attached hereto and incorporated herein by this reference, for the limited purposes set forth in Section 2 of this Agreement (“Access Easement”).

1.2 Parking Easement. A temporary access easement upon, over, within and across a portion of the Servient Tenement, as described and depicted on Exhibit D, attached hereto and incorporated herein by this reference, for the limited purposes set forth in Section 2 of this Agreement (“Parking Easement”).

1.3 Construction Easement. A temporary access easement upon, over, within and across a portion of the Servient Tenement, as described and depicted on Exhibit E, attached hereto and incorporated herein by this reference, for the limited purposes set forth in Section 2 of this Agreement (“Construction Easement”).

Section 2. Easement Purposes. The purposes of the Access Easement, the Parking Easement, and the Construction Easement (collectively, the “Easement Purposes”) are set forth below.

2.1 Access Easement Purposes. Use of the Servient Tenement as is necessary, desirable, or advisable for the purpose of vehicular and pedestrian ingress and egress including mobilization and demobilization by Grantee, its employees, consultants, contractors, subcontractors, and agents, to enable Grantee to implement and construct the Project. Said use by Grantee will include but not be limited to heavy and small equipment mobilization, material hauling trucks, and construction management and employee personal vehicles.

2.2 Parking Easement Purposes. Use of the Servient Tenement as is necessary, desirable, or advisable for the purposes of parking of vehicles in, on and over a portion of the

3 Servient Tenement together with all rights of access to, on and over the Servient Tenement as may be reasonably required by Grantee, its contractors, subcontractors, vendors, suppliers, architects, engineers, consultants and employees, for the full use and enjoyment of the Parking Easement granted herein.

2.3 Construction Easement Purposes. Use of the Servient Tenement as is necessary, desirable, or advisable for the purposes of implementing, installing and constructing the Project, including but not limited to construction staging, assembly and storage purposes.

Section 3. Character of Easements. The Easements are nonexclusive and appurtenant to the Dominant Tenement and include the absolute right of Grantee to use the Easements for the Easement Purposes, which use shall not be disturbed, interrupted, or impeded in any manner by Grantor while this Agreement is in effect.

Section 4. Easement Terms. The terms for the Easements shall be as follows, unless terminated earlier by Grantee in its sole discretion, by providing written notice to Grantor thereof:

4.1 Access Easement. The Access Easement shall be in effect as of the Effective Date (as hereafter defined) and will continue until completion of the Project. Work on the Project is anticipated to take a period of approximately ____ months to complete. Grantee will provide Grantor with written notice of completion of the work on the Project and a corresponding quit claim/termination of easement in recordable form confirming that the Access Easement has been terminated.

4.2 Parking Easement. The Parking Easement shall be in effect as of the Effective Date and will continue until completion of the Project. Work on the Project is anticipated to take a period of approximately ____ months to complete. Grantee will provide Grantor with written notice of completion of the work on the Project and a corresponding quit claim/termination of easement in recordable form confirming that the Parking Easement has been terminated.

4.3 Construction Easement. The Construction Easement shall be in effect as of the Effective Date and will continue until completion of the Project. Work on the Project is anticipated to take a period of approximately ____ months to complete. Grantee will provide Grantor with written notice of completion of the work on the Project and a corresponding quit claim/termination of easement in recordable form confirming that the Construction Easement has been terminated.

Section 5. Maintenance and Repair. In exercising its rights under this Agreement, Grantee will use reasonable efforts, and will require its employees, consultants, contractors, subcontractors and agents to use reasonable efforts, to prevent damage to the Servient Tenement. Upon completion of work on the Project or upon earlier termination of the Easements by Grantee as contemplated in Section 4, Grantee shall: a) make repairs as necessary to restore Grantor's Property to a condition equal to or better than which existed prior to Grantee's use; and b) leave Grantor's Property clear of any Project debris. Grantee shall have no obligation to repair any damage to Grantor's Property not caused by Grantee's employees, consultants, contractors, subcontractors or agents. Grantor will monitor the Property during and up to the date of written

4 notice of completion of the work on the Project to ensure property is clear of Project-related debris.

Section 6. No Impediment to Use. During the term of this Agreement, no walls, fences or barriers of any sort or kind that prevent or impair the use of the Easements, or the exercise or performance of any of the Easement Purposes, will be constructed, maintained, or permitted on the Easements, or any portion thereof, by Grantor or Grantee.

Section 7. Indemnification.

7.1 General Indemnity. Grantee agrees to defend, indemnify and hold Grantor, its officials, officers, employees and agents (each, an “Indemnified Party”), harmless from any and all claims, demands, damages, legal actions, judgements or liabilities of whatsoever nature, other than those attributable to the negligent or willful misconduct of Grantor (or its officials, officers, employees and agents) to the extent arising out of or in connection with and any and all negligent or willful misconduct of Grantee under this Agreement, including but not limited to Grantee’s operations carried on by Grantee and the Grantee’s use or occupancy of the Easements.

7.2 Tax Indemnity. Grantee shall defend, indemnify and hold Grantor free and harmless from any liability, loss, or damage resulting from Grantee’s failure to pay any possessory interest taxes, or personal property taxes and from all interest, penalties and other sums imposed thereon relating to Grantee’s use or occupancy of the Easements.

7.3 Duty to Defend. The duty to defend hereunder is wholly independent of and separate from the duty to indemnify and such duty to defend exists regardless of any ultimate liability of Grantee. Such defense obligation shall arise immediately upon presentation of a Claim by any party and written notice of such Claim being provided to Grantee. Payment to Grantee by any Indemnified Party or the payment or advance of defense costs by any Indemnified Party shall not be a condition precedent to enforcing such Indemnified Party’s rights to indemnification hereunder. Grantee’s indemnification obligation and duty to defend hereunder shall survive the expiration or earlier termination of the Easements until such time as action against the Indemnified Parties for such matter indemnified hereunder is fully and finally barred by the applicable statute of limitations or statute of repose. Grantee’s liability for indemnification hereunder is in addition to any liability Grantee may have to City for a breach by Grantee of any of the provisions of this Agreement. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Grantee’s indemnification obligation or other liability hereunder.

The terms of this Agreement are contractual and the result of negotiation between the parties hereto. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party shall not be employed in the interpretation of this Agreement.

7.4 Non-waiver. Grantor does not waive, nor shall be deemed to have waived, any indemnity, defense or hold harmless rights under this section because of the acceptance by Grantor, or the deposit with Grantor, of any insurance certificates or policies described in Section 8.

5 Section 8. Insurance. Without in any way affecting Grantee’s obligation to defend and indemnify Grantor as herein provided, and in addition thereto, Grantee shall procure and maintain for the duration of the Easements, insurance against claims for injuries to persons or damages to property which may arise from or in connection with Grantee’s activities and use of the Easements area.

The cost of such insurance shall be borne by Grantee. Coverage shall be at least as broad as set forth in the DDA.

Section 9. Attorney's Fees; Venue. If any legal action or proceeding arising out of or relating to this Agreement is brought by either party to this Agreement, the prevailing party will be entitled to receive from the other party, in addition to any other relief that may be granted, the reasonable attorney's fees, costs, and expenses incurred in the action or proceeding by the prevailing party.

The venue for any such legal action or proceeding shall be in the County of Riverside.

Section 10. Notices. All notices given pursuant to this Agreement must be in writing and by personal delivery, U.S. Mail, or established express delivery service, such as Federal Express, with postage or delivery charge prepaid, return receipt requested, and addressed to the person and address designated below:

If to Grantor: City of Palm Desert
Attn: City Manager
73510 Fred Waring Drive
Palm Desert, California 92260
With a copy to: City Attorney
City of Palm Desert
73510 Fred Waring Drive
Palm Desert, California 92260
If to Grantee: Desert Wave Ventures, LLC
Attn: Don Rady
1555 Camino Del Mar, Suite 315C
Del Mar, CA 92014
With a copy to: Don Rady
Value Real Estate
1919 Grand Ave
San Diego, CA 92109
With copy to: Coast Law Group, LLP
Attention: Marco Gonzalez
1140 S. Coast Hwy 101
Encinitas, CA 92024
Either party may change its notice contact or address at any time upon providing notice to the other party as provided herein.

Section 11. Integration/Governing Law. This Agreement constitutes the entire agreement between Grantor and Grantee relating to the Easements. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force and

6 effect. Any amendment to this Agreement will be of no force and effect unless it is in writing and signed by Grantor and Grantee or their respective successors or assigns. This Agreement shall be governed and construed in accordance with the laws of the State of California, without reference to or application of conflict of laws provisions.

Section 12. Successors and Assigns. The provisions of this Agreement are intended to and will run with the land, and, until their expiration or termination in accordance with the terms of this Agreement, will bind, be a charge upon and inure to the benefit of Grantor and Grantee, and their respective successors and assigns.

Section 13. Signature/Counterparts. This Agreement may be executed in two or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument.

Section 14. Headings. Paragraph and section headings in this Agreement are for convenience only and shall not affect the interpretation of this Agreement.

Section 15. No Waiver. No failure of either party to insist upon the strict performance by the other party of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement, shall constitute a waiver of any such breach of such covenant, term or condition. No waiver of any breach shall affect or alter this Agreement, and each and every covenant, condition, and term hereof shall continue in full force and effect to any existing or subsequent breach.

Section 16. Drafting Ambiguities. The parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and the decision of whether or not to seek advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each party. This Agreement shall not be construed in favor of or against either party by reason of the extent to which each party participated in the drafting of the Agreement.

Section 17. Assignment. Except as otherwise provided herein, neither party will have a right to assign this Agreement, in whole or in part, whether by operation of law or otherwise, without the prior written consent of the other party, which consent shall not be unreasonably withheld; provided that Grantee may assign this Agreement to an affiliate located within the United States without such written consent. Except as otherwise provided herein, any attempt by a party to assign this Agreement without written consent shall be void for any and all purposes. Subject to the foregoing, this Agreement shall inure to the benefit of the parties' permitted successors and permitted assigns.

Section 18. Effective Date. This Agreement shall be effective as of the latter of the two signatory dates below ("Effective Date").

Section 19. Exhibits Incorporated. All Exhibits referenced in this Agreement are attached hereto and incorporated herein.
[Signatures appear on following pages]
[Remainder of page intentionally left blank]

7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement by and through their duly authorized representatives.

CITY:

Date: _____________, 2023
CITY OF PALM DESERT, a charter city
and municipal corporation
By:_________________________
KATHLEEN KELLY, Mayor
ATTEST:

By:________________________

ANTHONY MEJIA, MMC
City Clerk
APPROVED AS TO FORM:

By:________________________

ROBERT HARGREAVES
City Attorney

OWNER:
vate? _ 2023
DESERT WAVE VENTURES, LLC, a
Delaware limited liability company
By: FS VEN , LLC, a Delaware
corporation, Its
APPROVED AS TO FORM:

By:

Marco A. Gonzalez, Counsel
NOTE: ALL SIGNATURES MUST BE IN BLUE INK AND INCLUDE NOTARY ACKNOWLEDGMENTS PER CIVIL CODE SEC. 1180 ET.SEQ.

ACKNOWLEDGMENTS
fies only the identity of the individual who signed the fulness, accuracy, or validity of that document.

A notary public or other officer completing this certificate veri document to which this certificate is attached, and not the truth State of California
County of San Bementine ey @ }
On 3 25 24923 , before me, Nh are. Ky se
, a Notary Public, personally
appeared oby , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)/s/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that byhis/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

Ze, MARC KIRCOS COMM. # 2437014
eg NOTARY PUBLIC -CALIFORNIA @
p SAN DIEGO COUNTY
fl cam? COMM, EXPIRES MAR. 2, 2027 i
WITNESS my hand and official seal.

Signature
the iden
accuracy, or validi
tity of the individual who signed the
of that document,
A notary public or other officer completing this certificate verifies only document to which this certificate is attached and not the truthfulness, State of California }
County of San Bernardino )
On , before me, a Notary Public, personally
who proved to me on the basis of satisfactory evidence
) is/are subscribed to the within instrument and acknowledged to me that his/her/their authorized capacity(ies), and that byhis/her/their (s), or the entity upon behalf of which the person(s) acted, appeared
to be the person(s) whose name(s
he/she/they executed the same in
signature(s) on the instrument the person
executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that theforegoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature

A-1

EXHIBIT A

LEGAL DESCRIPTION
GRANTOR’S PROPERTY

A-2
EXHIBIT A-1

DEPICTION
GRANTOR’S PROPERTY

B-1

EXHIBIT B

LEGAL DESCRIPTION
GRANTEE’S PROPERTY

B
-2

B-3
EXHIBIT B-1

DEPICTION
GRANTEE’S PROPERTY

B
-4

C-1

EXHIBIT C

ACCESS EASEMENT

C
-2

D-1

EXHIBIT D

PARKING EASEMENT

EXHIBIT “A”

TEMPORARY CONSTRUCTION EASEMENT

LEGAL DESCRIPTION
PARCEL “A”
BEING PORTIONS OF LOTS 8 AND 15 OF TRACT MAP NO. 28450, IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, PER MAP ON FILE IN BOOK 264, PAGES 4 THROUGH 15, INCLUSIVE, IN THE OFFICE OF RIVERSIDE COUNTY RECORDER, LYING WITHIN SECTION 4, TOWNSHIP 5 SOUTH, RANGE 6 EAST, SBM, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHWEST CORNER OF LOT 8, A CORNER COMMON TO LOTS 8, 9 AND 15 OF SAID TRACT MAP NO. 28450.

THENCE NORTH 63°34’06” WEST 28.07 FEET;
THENCE NORTH 03°12’21” WEST 19.35 FEET;
THENCE NORTH 78°49’54” EAST 110.12 FEET;
THENCE NORTH 60°33’59” EAST 82.28 FEET;
THENCE NORTH 84°16’31” EAST 71.10 FEET;
THENCE SOUTH 75°48’37” EAST 64.28 FEET;
THENCE NORTH 56°17’35” EAST 133.01 FEET;
THENCE NORTH 73°19’24” EAST 41.43 FEET;
THENCE NORTH 50°15’00” EAST 54.57 FEET;
THENCE NORTH 79°05’58” EAST 77.91 FEET;
THENCE NORTH 17°53’28” EAST 78.69 FEET;
THENCE NORTH 70°09’52” EAST 50.82 FEET;
THENCE SOUTH 74°08’15” EAST 75.97 FEET TO A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 125.00 FEET, A RADIAL LINE TO SAID CURVE BEARS NORTH 33°04’01” WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 30.08 FEET THROUGH A CENTRAL ANGLE OF 13°47’14”;
Temporary Parking Easement

THENCE SOUTH 43°08’44” WEST 105.70 FEET;
THENCE SOUTH 58°38’11” WEST 159.58 FEET TO A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 160.00 FEET;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 51.07 FEET THROUGH A CENTRAL ANGLE OF 18°17’23”, A RADIAL LINE TO SAID CURVE BEARS NORTH 49°39’12” WEST, TO THE NORTHERLY LINE OF SAID LOT 8;
THENCE SOUTH 79°34’39” WEST 437.39 FEET ALONG SAID NORTHERLY LINE TO THE TRUE POINT OF BEGINNING.

CONTAINING 1.01 ACRES, MORE OR LESS.

SEE EXHIBIT “B” ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF.

PARCEL “B”
BEING A PORTION OF LOT 13 OF TRACT MAP NO. 28450, IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, PER MAP ON FILE IN BOOK 264, PAGES 4 THROUGH 15, INCLUSIVE, IN THE OFFICE OF RIVERSIDE COUNTY RECORDER, LYING WITHIN SECTION 4, TOWNSHIP 5 SOUTH, RANGE 6 EAST, SBM, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHWEST CORNER OF LOT 13, A CORNER COMMON TO LOTS 8, 9 AND 13 OF SAID TRACT MAP NO. 28450.

THENCE ALONG THE SOUTHWESTERLY, SOUTHERLY AND EASTERLY LINES OF SAID LOT 8 OF THE FOLLOWING SEVEN (7) COURSES:

THENCE NORTH 88°12’27” EAST 107.44 FEET;
THENCE SOUTH 56°09’14” EAST 511.53 FEET;
THENCE SOUTH 64°34’05” EAST 166.47 FEET;
THENCE SOUTH 57°36’10” EAST 352.15 FEET;
THENCE NORTH 71°02’30” EAST 91.55 FEET;
THENCE NORTH 12°32’21” WEST 329.16 FEET;
THENCE NORTH 04°27’06” WEST 460.65 FEET TO A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 95.00 FEET;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 103.31 FEET THROUGH A CENTRAL ANGLE OF 62°18’34”, TO THE SOUTHEASTERLY LINE OF SAID LOT 8; THENCE NORTH 57°51’27” EAST 47.26 FEET ALONG SAID SOUTHEASTERLY LINE TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF DESERT WILLOW DRIVE, 77.50 FEET HALF WIDTH; THENCE SOUTH 15°29’13” EAST 36.80 FEET ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE; THENCE SOUTH 59°08’49” WEST 72.53 FEET;
THENCE SOUTH 13°45’41” WEST 33.10 FEET;
THENCE SOUTH 02°26’20” EAST 29.40 FEET;
THENCE SOUTH 23°24’32” EAST 26.49 FEET;